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PL 01/11/1978 - 6625,�, �� � . � g City of Fridley AGENDA PLRNNING COMMISSION MEETING JANUARI' 1•1, 1978 CALL TO ORDER: 7:30 P,M. ROLL GALL: APPROYE PLANNIN6 COM�dISSION MINUTES: DECEMBER 21, 1977 1. 2. T, SP #77- �o, �r JHMtJ N uuwus: rer rr�aiey city �ode, section zu5.i;ti, 3, II, ta a11ow an auto salvage auction, on Lots 18, 19, 20, 38, and parts of Lots 23 and 37, all in Auditor's Subdivision No. 39, (see map), generally located on the East side of East River Road, and includes all property between East River Road and the railroad right of way between 37th Avenue and 39th Avenue N.E., the same being 51 - 37th Avenue N.E. ruo�a� n[nrtatva: rtc uc�i rurc ri JYCl.1riL u�c YCtt1911 ar �r�- 17, BY SUPERAMERIC : Per Fridley City Code, Section 205:10 3, E, to allow tfie construction of a Superamerica Station ConVenience Store, on Lots 27, 28, 29 and 30, Block 4, Hamilton's Addition to Mechanicsville, the same being 5667 University Avenue N.E. 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. #77-08, THOMPSO S IVER IEW HEIGHTS, BY ANIEL J. KOCIEMBA: Being a replat of Lots ,, and 3, Block 0, Riverview Heights, located in the City of Fridley; and Lot 24, Block 4, Mississippi Oaks Addition, also Lot 17, except the West 66.5 feet thereof, Auditor's Subdivision 103 Revised, located in the City of Coon Rapids, generally located in the 8300 block West of Broad Avenue, and on the North side of Kimball Street N.E. 4. 5,"RECEIVE APPEAIS COMMISSION MINUTES: DECE�1BER 13, 1977 6. 7. RECEIVE APPEALS COMMISSION MINUTES: DECEMBER 27, 1977 8. CONTINUED: REVIEW OF PARK AND OPEN SPACE PiAN 9. OTHER BUSINESS: ADJOURNMENT: PAGES 1-7 8 - 1:3 14 - 18 19 - 29 R 13, 30 - 35 36 - 61 R 20, 62 - 69 70 - 78 SEPARATE �!l�Jlt[ � � � CITY OF FRiDLEY PLANNING C�MMISSION MEETING DEC�.TT3FR 21 1977 CAJ�L TO ORDER: Chairperson Harris called the December 21, t977, Planning Gommission meeting to order at 7:37 P.M. ROLL CALL: Members Present; Members Absent: Others Present: Shea, Bergman, Aarris, Peterson, Schnabel, Langenfeld None Jerrold Boardman, City Planner Ray Leek� Associate Planner APPROVE PLANNING COMMISSION MINUTES: DECEMBER 7. �977 � MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning Commission approve the December 7, 1977, Planning Commission minutes. Mr. Langenfeld indicated that the EnvirBnmental Quality Commission had showed deep concern regarding tYie signalization on 79th and East River Road. He referenced the fifth paragraph on page 12 of the minutes� "Mr, Boardman said that the City had asked for lighting at that intersection. He said that the County said that there was no warrant for a traffic light at that znter- section. He indicated that City felt that enou�h traffic was �enerated at that point, Ae was relatively sure that traffic lights would eventually be put at that intersection." Mr. Langenfeld hoped that Mr. Boardman could assure the Commission that a signa]. light would go at that intersection some day. Chairperson Harris pointed out that Anoka County was holding up the signalization of that intersection, Mr. Boardman said that Anoka County had to have proof of use of that intersection before they put up signals. He felt sure that the signal would be justified as soon as the median �vas constructed on East River Road. He said that the residents from the Meadow Run Apartments would have to use that intersection in order to go South on East i.iver Road. Mr, Langenfeld said that he merely wanted that point brought to the attention of the Planning Commission because it was an important item to the Environmental Quality Commission. UPON A VOICE VOTE� all voting aye, the motion carried unanimously. The minutes were approved at 7:4Z F.M. , �� PLANNING COMMISSION MEETING - DECL�iBER 21. 1977 Paae 2 RECETVE HUMAN RESOURCES COMMISSION MINUTES; DECEMBER 1 1977 MOTION by Ms. Shea, seconded by Mr. �angenfeld, that the Planning Commission receive the December 1� 1977, minutes of the Human Resources Commission. Ms. Shea indicated that Mr. Pete Fleming had told the members of ihe Human Resources Commission that they would be handling the R1 sectian of the Zoning Code at their next meeting. Mr. Boardman said that when Staff was through reviewing the Zoning Code, each of the member commissions would have a chance to review the recommendations. Mr. Boardman said that the Human Resources Commission would not be handling the R1 Section of the Zoning Code at their next raeeting. Mr. Peterson asked what the Commission's intent was in the discussion regarding "small" houses on Pages 1& 2 of the minutes. Ms, Shea said that according to the Metro CounciZ, Fridle� would have to cottsider allowing smaller houses. She said that the discussioa was regarding exactly where these "small�� houses (approximately 745 square feet) would be located in ihe City of Fridley. UPON A VOICE VOTE, all voting aye, the motion carried unanimously� The minutes were received at 7:47 P,M. 1. CONTINIIED: PARKS & OPEN 6PACE PLAN MOTION by Ms. Schnabel, secor.ded by Ms. Shea, that the discussion on the Parks & Open Space PIan be Iimited to one hour. Upon a voiae vote, a1I voting aye, the motion carried unanimously at ?:49 P.M. Mr. Bergman asked if throughout the estabZishment of the amount of park required, are statements made in the Plan relateable back to some guidelines. Mr. Ray Leek said that the Metro Council Sources, State Recreational Council and the National Outdoor Recreation Association Standards were all used as guidelines. Mr. Bergman said that he felt ihe total park area in the City of Fridley �vas above any recommended standard. Mr. Leek said that the City of Fridley had much natura7. park land but it �vas not a],1 sensitive to the actual needs of the residents of the City of Fridley. � � � �.._ ��� PLANNING COMMISSION MEETING - D�CEMBFR 21 1977 Page Mr. Boardman said that the Park Facilities available to City of Fridley were not necessarily the facilities that vrere needed by the residents of the City of Fridley, He � that a lot of the Park land was providing Regional Park facilities and were not taking care of the citizen needs Fridley� � � the said in Mr. Leek said that ordinarily a community park system was operated primarily on the basis of three groups of parks - Mini Parks� Neighborhood Parks� and large Community parks. Mr. Boardman said that �vhen the City of Fridley first started developing the Park System, they made one big mistake in that they looked at very large parcels of land for acquisition and they failed to get park facilities that were needed in the neighborhoods that urould serve the neighborhoods. He said what happened was that the City took what was left over in a neighborhood development, and in some neighborhoods, that wasn�t much property. He said what the city ended up tivith was a large number of acres in large regional facilities that should really have been the responsibility of the County. Chairperson Harris said that Locke Park.was in that category. He explained that when that property was deeded� to trie City of Fridley for park purposes there v�ere some unusual restrictions that were on that deeding. Ae said that that parcel of land was deeded by the Cassius Locke Estate to the City of Fridley and he said that it.tivasn�t really a deed but rather a form of a loan. Mr. Peterson said that there �ere certain things in that deeding �hat if the City of Fridley didn�t do, the land would go to someone else to be sold. €Thairperson Harris suggested that the City Attorney research Locke Park to decide what the City of Fridley could legally do regarding �� the land in Locke Park. Mr. Boardman said that he wasn�t sure of how the deed read but he said that perhaps there would be some means of re- negotiating to allow the County to take over the maintenance of the Land� Chairperson Harris said that some problems �ould arise in that (it was his understanding) the executors of the estate would lave to have the Ciiy of Fridley default, Chairperson Harris again suggested that Mr. Boardman get together �vith the City Attorney to find out exactly �'where things were at�� regarding the Locke Park land. PLANNING COMMI5SION MEFTZNG - D�CF�IBER 21. 19?7 Page 4 MOTION by Mr. Bergman, seconded by Ms. Shea, to change the wording on Page 25, #5 to read, ��5. Where possible, land should be acquired to improve the usefulness of inadequate neighborhood facilities,+� Upon a voice vote, all voting aye� the motion carried unanimausly at 8;04 P�M� Mr. Peterson commented that he wanted reality to be put in balance with tvhat vras being put on paper. He pointed out that even thou�h City Council had said that they would consider taking private land for park purposes under specia2 conditions� each year they cut the Parks and Recreation'Commission's budget so low that there would be nothing there to do the land acquisition. Mr. Boardman said that the Comprehensive Parks and Open Space P1an�s purpose rras to try to spell out what exactly what.was�needed and what direction should be taken. Mr. Peterson didn't fesl that a Comprehensive Plan was needed to tell the people what was needed. He said that the Parks. and Recreation Commission knows �vhat�s needed in the City of Fridley. He said that it was indicated in their submitted budgets what they felt should be done. He felt that the people of Fridley knotia better than anyone else what Fridley needs. He said that if anyone wanted to know tvhat the City of Fridley needs in regards to parks, all they rrould have�to do is go back in the years and read the budgets that have been submitted by the Parks and Recreation Commission. Ms. Schnabel said that, maybe, if nothing else, this Plan may get the members of the City Council to start thinking of the total parks system. Mr. Peterson said that more dollars would have to be budgeted for if land tivas to be acquisitioned. Chairperson Harris indicated to the members of the Commission thai Islands of Peace Park should not be a burden on the Fridley Parks System. He said that originally that tivas to be a Regional-type operation and it now appeared to be a City operation. Mr. Boardman said that it wouldn�t be long before it was taken over by the Foundation with State backing, He said that the Islands of Peace tivould be self-sufficient very soon. Chairperson Harris said that the maintenance was done by the City of Fridley on the Islands of Peace. Mr. Boardman said that the normal maintenance was done bythe City of I'ridZey and the other maintenance was by the Island of Peace Foundation. � � � u , PLANNING COPR�IIa^SION M�LTING - DECEMBER 21. 1977 Pa�e Mr. Langenfeld said that once the Islands of Peace Park constructed an additional building, there would be`a breaking away of "city assistance{� because the building would be properly taken care of by the board. Mr. Boardman said that the State had granted $150�000 to the Islands of Peace development. Ae �aid that applicat3.on had been made to the Metro Council for a"Regional, Special Use Park" classification. He said that once the Park got the Regional classification, it ��rould be put on the Metropolitan Council Five Year Capital Improvement Program. Chairperson Harris asked if the City was still using the Program they had started, where they used trailers for warming houses at Various parks. Mr. Peterson said that the trailers didn't work out. He said that much vandalism had occurred. He said that about the only buildings that could be used for warming house purposes were concrete block buildings that had steel doors. He said that any other type of building had too much trouble with vandalism. Chairperson Harris asked why the City should provide facilities for people who only seemed to destroy everything. Mr. Bergman said that the ��standard anstitier" �vas that the destruction v�as usually caused by the minority of the to�.al users and he said that it e�as built for the majority of the users. � Mr. Boardman said that the more permanent structu used� the less vandalism was involved. He said t was trying to get the neighborhood people involve facilities and in their neighborhoods. He said t the people were involved, the less vandalism was He said that they were trying to find out exactly ��kids'� u�anted in a park facility, how they would parks� and how they felt they could get better us facility. He said if that type of thing could be sure the City would see vandalism decrease in the � re that vras hat the City d in the park hat the more experienced. v�hat the design the e of the park done, he was areas. Ms. Shea said that the nicer a park facility buildin$ looked, the less vandal.ism seemed to occur. Mr. Peterson said that if the existing park facilities were brought up to adequate standards in terms of equipment, buildings, etc., the Parks and Recreation Commission had estimated that the cost would be over one million dollars. � PLANNING COMt4ISSI0N ME�TING - D�CLT4BER 21, 1977 PaF,e 6 Mr, Leek said that there vras no real answer regarding vandalism. He'said that that the only ideas they had were tvrofold: 1) the more attractive and useful the facility, the somewhat . less likely to tae vandalized; Z) the more involved the known or potential users of that facility are in the design and construction of it, the less likely the vandalism. He cited an example that in Minneapolis, the City Recreation and Park Planning Staff actually had kids design their own park. He said they put together ideas of trhat they thought the parks should be and those ideas s�ere implemented in the park. He said that the particular park had close to zero vandalism. Mr. Leek said that the planning staff had actually gone into the schools and spent time v�ith the kids to get their ideas of what the kids actually vranted in a park facility. Ms. Shea said that in general, people did not have faith in governing bodies. She said that the people can be told tkat they can design a park but those people �von�t believe it to be true. She said that their attitude was more the idea that the City vaould do whatever they vrant to do any�vay , so why should they bother. Mr. Boardman said that they ivould develop a program that tivould be a project at the teen-age level and that would be handled directly through the schools. � Mr. Boardman said that enough input had to be gotten so that the end result would be that the neighborhood would feel that the park facilities �vere theirs'. Mr. Peterson sazd that if there U�as a relatively small amount of vandalism in the park facilites, that would prove that it was a good concept. Mr. Bergman suggested that someone from City Administration get into the High Schools and solicit the help from the teen- agers and let them knovr that a certain amount of dollars would be the tab for a park facility and would they help to design it. It was decided by the Planning Commission that item r�6 on Page 25 of the Parks and Open Space Plan was acceptable as written. Mr. Leek explained that the intent of i}7 vras that there ��ras a need in the City of Fridley to provide more intensive use recreational areas. He said that "intensive use" were sports that involved field and court games, i.e. baseball, football tennis, softball, etc.). � PLANNING COMMISSION M�ETIPIG - DECEMB�R 21 1977 Pa�e 2 Chairperson Harris said that there wasn�t anything in the area of discussion that indicated who actually was using the parks. � He said that not everybody in the City used the parks and in the recreational areas not everyone that used the facilities were residents of the City. He asked if that point had every been considered. � Mr. Peterson said that that aspect had been researched. He said that in all the high-use parks in the City, the person using the park facility had to either live in Fridley, work in Fridley, or attend church in Fridley. If the person didn't qualify in one of the three stipulations, then they did not use the fields. He said that teams had been asked to leave the parks or leagues because they didn�t fit into one of the three catagories. Mr. Peterson said that most of the Programs in the City of Fridley tivere made up of 99.9% Fridley people. He said that Locke Park differed in that only 20'� of its users were residents of the City of Fridley. He said that 80'� of the use of Locke Park vras by people that did not live, work, or attend church in Fridley. Mr. Boardman said that the should be in the business the residents of Fridley. KEY issue should be that Fridley of providing park facilities for Cha3rperson Harris suggested giving the Park property back to the Locke Estate. Chairperson Harris said that it should be taken care of first as to the direction that should be followed regarding Locke Park. Mr. Peterson asked that item #7 on Page 25 of the Parks and Open Space Plan be rewritten. Mr. Boardman said that he tivould see ihat #7 �vas rewritten before the next meeting. ADJOURNMENT MOTiON by Ms. Shea� seconded by Ms. Schnabel, to adjourn the December 21, 197�, Planning Commission meeting. Upon a voice vote� all voting aye, the motion carried unanimously. Chairperson Harris declared the meeting adjourned at 8:58 P,M, Respectfully submitted, � `�22�� Mary ee Car il Recording Secretary m�� /"" PUBLIC HEARING ! BEFORE THE — 8 � PLANNING CQt�iI5SI0H _.... .._. . TQ WH(1�} IT MAY CONCERN: Notice is heretiy given tfiat tBere will 6e a PubTic Hearirtg of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Flednesday, January 11, 1978 in the Council Chamber at 7:30 P.M, for tfie purpose of: Consideration of a request for a 5peciaT Use Permit, SP #77-16, 6y James A, Dowds, as per Fridtey Gity Code, Section 205.131, 3, 8, to� a1Tvw an anto salvage auction, on Lot� 18,}9•, 20> 3g and Parts of Ldts 23 and 3t, all in Auditor's Su�division No. 3�, located in the South Half • of Section 34, T-30, R-24, City nf Fridley, County of Anoka, Minnesota. Complete legat description available at the City of Fridley (see attaehed map). � Generally located on East side of East River Road, and includes all property tietween East . River Road and the railroad right of way between 37th Avenue and 39th Avenue N.E., the same being 51 37th Avenue N.E. Any and a71 persons desiring to be heard shall be given an opportunity at the above stated time and place. Publish: December 28, 1977 January 4, 1978 � RfCHARD H. HARRIS CIfAF[t�WN PLANNIN6 COMMISSION ; PUBLIC HEARING BEFORE THE PLANNING COAIMISSION ,. � .-* l � _. �.4 � TO WHOM IT 11AY CONCERN: � + ' Notice is hereby given that there will be a Public Heari'ng of the PTanning Commission of the City of fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, January 11, 1978 in the Council Charober at 7:30 P.M. for the purpose of: � � A request for a Special Use Permit, SP �77-17, by 5uperamerica, per Fridley City Code, Section 205.101, 3, E, to allow the constructi�n of a Superamerica Station Convenience Store on Lots 27, 28, 29 and 30, Block 4, Hamilton's Addition to Mechanicsville, located in the South Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Generally located at 5667 University Avenue Northeast. Any and all persons desiring to be heard with reference to this matter, shal}:be.given an opportunity at the above stated time and place. Publish: December 28, 1977 January 4, 1978 0 RICHARD H. HARRIS CHAIRMIIN PLANNING COMMISSION 0 :� r-e� � • CITY OP fRIDLL•Y ftINNGSUtA ' PLANNIhC AND ZONINC FO{lM . - - NUMBLR a%% %-� �I � PEfRAMERIC . � �APPLICA�N1''S SIGVA7URG , /k, - � Adciress P.O. Box 24 , St. Paul Park, Minnesota 55071 �'e2ephone Number 459-1155 'PROPERTY Cl;'NL•R'S SIG,�ATUAC Same as above . • _ ' (• . ' , • .�E •. .�S • , •�� � . 77PC Or RLQUGST Rezoning •� Special Use Pcrmit Approval of Prcain- inary g Final Plat ' SYrects or A21ey dddress Vacations . � ' � OYher � Teicphone Tiumber � � � . . � . �' 5treet Location of Property S/E/C 57th Avenue N.E. & Universe (�eeccipt No. �G� .' �. /a/ ,3, � • I Legal Description of.Property Lots 27, 28, 29, & 30, Block 4, Hamilton's Addition . � Prescnt Zoning Classification Acrcage of Property •49 C-2 Existi^g Use of Property Phillips Service Station � , Describe briefl�• the proposed zoning classifi.cation or �type of use and improvem�nt proposed Superamerica Station Convenience Store ;: iias the present appiicant previoasly sought to rezone, plat, obtain a lot sp.it or variance or special use permit on the subject site or p�rt of it? yes X no. What was requested and iahen? • • The undersi�ned understands that: (a) a list of all residents and owners of propertf within 300 feet (350 feet for rezoninga must be attache@ to this application. (L) This applicatioc� must be signed by all owners of the property, or an explanation given iehy this is not the case, (c) Responsibility for �ny defect in the procecdin;s resulting from thc f:tilurc to list thc namcs and addresscs of all residents and property otirncrs of prcpert� in question, belongs to tlic undersigned. , A sketch of proposed property and striuture must be dra�rn and att;�ched, shoti�ing the following: 1. Rorth �irection. 2, Location of proposed structui�e on thc lot. 3. Uimcnsions oF pr4perty, propoccd structiirc, and front and sidc setbacks. ' 4. Street Names. 5. Wcation•and use.of adjacer.t e�isiing buildings (within 300 feet). 7]►e unJersi�ned�hercUy decl�res tliat all tlie facTS and representations,stated in this Application arc truc and corrcct. �.� d a-j�` �ATE ,(�e�:. ,'�/P7�_STC�ATUr.E . � ,.../ (nPl'L �ll') Uatc filed � Dnto of !lcaring ' ' • . Plam►infi Co;nmis�ion Ap�+rovcd City Council Approvrd . � f i �� � MAILING LIST � SP #77-17 SUPERANERICA Service Station & Convenience Store 5667 University Avenue N.E. � � John J. Ilogerson SUPERAt9ERICA P.O. Box 248 St. Paul Park, Minnesota 55071 Holiday Villa9e North Attn: Brad Steinman 4567 West 80th Street Bloomington, Mn 55437 Graves Co�pany 5251 Central Avenue N.E. FRidley, Mn 55421 Planning Comnissiori 12-27-77 ��-• �. Ms. Jennie 5tone 5610 4th Street N.E. Fridley, Mn 55432 _. D. C. Schmedeke 7157 N.W. highway 10 Anoka, Mn 55303 Metro 5�0 Inc. Minneapolis-St. Paul Airport St. Paul , �in 55111 Grace Mathisen 348 57th Place N.E. fridley, Mn 55432 Mr. & Mrs. Richard Simmons 360 57th P1ace N.E, fridley, Mn 55432 Mr.'E Mrs. Ralph Fuechtmann 5617 4th Street N.E. Fridley> Mn 55432 Edward F. Hanscom 5641 4th Street N.E. Fridley, Mn 55432 Mr. & Mrs. Thomas Marchiafara 5645 4th Street N.E. Fridley, Mn 55432 Mr. & F9rs. G. V. Jorgenson 2225 Chalet Drive Minneapolis , tin 55421 Mr. & Mrs. tdallace Schmedeke 5616 4th Street N.E. Fridley, Mn 55432 Gregory Videen 5614 4th Street N.E. Fridley, t4n 55432 . Reproco, Inc. Phillips Petroleum Company 755 New Bollas Road South St. Louis, Mo 63141 Phillips Petroleum Company Tax Dept. 4930 West 77th Street Minneapolis, Mn 55435 Phillips Petroleum Co. U50 Brentwood Blvd. �. 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M � p7��-� • � 5�` . i _ � , y . .� . �� �. _ s.�. � . .: � : � �� . .� . �..•'rj% � ._ . � ? IL ��'.._S � �t ., .� . . . � PS !� - �?f� ��, �� T ,R=S • . � . � �itf....i � . . -" . .. � . � . �'. . , , W . . �t : . � ' . �-• - ... .. . -- � .. '. °_ : i ' a . 7 - ,� \Zr ,,�i � Z ,�'' �3��.[i.�_! •����zr �. ._._...� � _ - - _� 5 � � � �. , , . � , �. . _... _ :. .�..� � �� .. .• -:"""- 1 -���. .: � , .r._� . t. _ _s •,. � �H-t G -- :h• �._ _ ._ , .: : '`��_ ' ; �' �:'., ._ � :� —�-- . . H Y� q � -' � �. Y 1 •.° .. rr �. w �. :�+', ., ; . �( � .�.�' 'r ',' •• -..-•-..:..— - _ . r�• ,r� _.. ' . .•J r Js` � _ ; . � • �x . � � � a. r �.. � .� � � ' ' ' ..�_ _.T �-' �tt .. 1'. !T , .! . ' .' " . .. _ . " �d - -,Z-. _ � ' - �- . . , � - - .� . . . • . . _.. . . . ' - . TiS �N '� _ � N �' •+ . '� S � (. i ° t ..` _.: ..... .�: . � . . . � - -K ^.-- � �x . � i' }�N. w ' .' _._,. __.._ __. _...__ .•I !- ` ....,.r `� . .�k-, . . � ���a � � � a . �.,;,_ 2.E� OG,`�-�� ��2i�-°C' 'a i,�� ,� G�.-��"" ;,� ,d G°��:�..� � ���� �� �� TO THE COUNTY AUDITOR OF ANOKA COUNTY I hereby request of tfie County Auditor to check the records and, if in order, combine the following parcels of land. PIAT 56754 PARCELS 1175, 1180,1200 L07S 27, 28, 29 & 30 BLOCK q ADDITTON Hamilton's Addition to Mechanicsville SIGNED Owner s of Record e _....._._. ...,... ..,-.:-_._... �.....�.....�.... �_... .,... . • . .__ ..._...._.__._. ._.�.. __._.._____. . . . _.. ...... .. . . „�`� :. " _. .. �.. , , ' :"y' .. .: .,.. �.' � � �. PUBLIC HEARING BEFORE THE �� ` � PT,ANNING COMMISSION . ,.r , � M • „ � � TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Pl�nning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, January 11, 1978 in the Council Chamber at 7:30 P,M, for tfie purpose of: Consideration of a Proposed Preliminary Plat, P.S. #77-08, Tfiompson's Riverview Hea:ghts, by Daniel J. Kociemba, being a replat of Lots 1, 2 and 3, Block 0, Riverview Heights, located in the City of Fridley, and Lot 24, Block 4, Mississippi Oaks Addition, also Lot ll, except the West 66.5 feet thereof, Auditor's Sub- divi:sion Number 103 Revised, located in the City of Coon Rapids, all in the North Half of Section 3, T-30, R-24, County of Anoka, MSnnesota. Generally located in the 8300 B].ock,�aest. of Broad Avenue on the North side of Kimball Street N.E. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: Aecember 28, 1977 January 4, 1978 RICHARD H, HARRIS CHAIRMAN PLANNING COMMISSION ru-�.::cw� � � C11Y Or fRIDLGY h1IN:lliSUTA • • PLANNIhG AND 20NTNG P�itM NllMBGR , oS. � i7-O� n_ �.i � APPLICAN'f'S SIGNATURC� � ( Address � ln � Z2 0 Te�cphonc Number � � — � e �`� � 1 PROPERTY 014NER'S SIGNATURE �10 /iijd�.�� —r ,� - � � Address �s / J /1 / !'Y! 4�%� � `� f h � Telephone Number %� �� - .r.Z G ,� Street Location of Propertyy�/ /�? �/��� � __ Legal Description of Property /. ��� !p3 fr /��K �/� n��s � Present Zoning Classification �7•/ . • 4... ... � *, •y�l� ' �� , . ' :,, n3o Y'YPC OP RLQUGST Rezoning � � '`�Special Use Pcrmit i � 4 � t ! `Approval of Premin- inary F Pinal Plat � r � Streets or Allcy � Vacations ' � Other � : E • � Fee3/o." Receipt No.�� 7 � r f.�/�.Q ,�tdv2�rz�,.� 4�fs , �°t �7 � F � o �Fh• s �„o a , , sting Use of Property Q;yil �,�_� Acreage of Property a� 7 Describe briefly the proposed zoning classification i� or type of u�e a�� � v t��oposed c� �t���c.��!�i✓1 � �t�E+,n u /lf lc �1 ��� Has the present applicant previously sought to re�one, plat, obtain a lot split or variance or special use permit on the subject site or�part of it? yes �C no. What was requested and when? ' �- The undersigned understands that: (a) a list of all residents and o�Jners of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) ThiS application must be signed by all owners of the property, or an explanaLion given i�hy this is not tlie case. (c) P.esponsibility for any defect in the proccec:ings resulting from thc fa.ilure to list ihe names and addresses of ail residents and property oi�mers of property in question, belongs to tlic undcrsigned. . A sketclt of proposed property and structure must be drairn and attached, shoiaing thc following: 1. �orth Direction. 2. Location of pr�posed structure on the lot. 3. 1limcnsions of property, proposcd structurc, and front and sidc setbacks. ,' 4. 5treet Names. 5. I.ocation aud use of adjaccnt existing buildings (within 300 feet). ' The undcrsi�ncd hcrc6y dcclares thst all thc facts and represcntations stated in this application arc truc and corrcct. UATL•�� I o` 71 SICNATU[:E � Cl,'4L1.� �'n 2 fL i.n 1'� . (AP{'LICMi7') � Datc Filcd � Datc of 1lcaring � � Pxumring Conunission Approved City Council nrrro��a (d�tcs} Denicd (dates) Denicd � Mailing List P.S. #77-08, Thompson's Riverview Heights Daniel J. Kociem6a Mr. & Mrs. Donald Bartosky 611 Lafayette Street N.E. FridTey, Mn 55432 Planning Commission �2=27-77 City Council • ..._ � Anna Geldert 590 Kimball Street Fridley, Mn 55432 Flr:..& Mrs. Jim Matson N.E. 6,�1 Janesuille N.Eo Fridley, MN 55432 Katherine Maclean Kim & Joan Hass Mr. & Mrs. Richard Jackson 621 Lafayette Street N.E. 580 Kimball Street N.E, 641 Jannesville St. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Fridley, Mn 55432 Donald R. Meyerson Mr. & Mrs. William froemming Mr. & Mrs. Larry Harris 2323 West 102nd Street 572 Kimball Street N.E. 651 Janesville St. N.E. Minneapolis, Mn 55431 Fridley, Mn 55432 Fridley, Mn 55432 Alexander Bell 567 Kimball Street N.E. Fridley, Mn 55432 Mr. & Mrs. George Olson 612 Lafayette Street N.E. Fridley, Mn 55432 Gunnard Kuusisto 595 Kim6a11 Street N.E. Fridley, Mn 55432 � Mr. & Mrs. George Doday 630 Lafayette Street N.E. fridley, i�n 55432 � Mr. & Mrs. Jerry LaPlante 604 Lafayette Street N.E. FridTey, Mn 55432 Mr. & I�Irs. David Larson 569 Janesvi7le Street N.E. Fridley, Fdn 55432 Mr. & Mrs. Bradley Los 575 Jan..esville Street N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Kuusisto 585 Janesville Street N.E. Fridley, Mn 55432 Mr. & Mrs. Earl Kathman 595 Janesvil.le Street N.E. Fridley, Mn 55432 Mr. & Mrs. Rinart Streich 8295 Broad Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. 6regory Basara 560 Kimball Street N.E. Fridley, Mn 55432 Theodore M. Thompson 675 Kim6a11 Street N.E. Fridley, Mn 55432 . Mr. & Mrs. Dennis Hamre 655 Kimball Street N.E. Fridley, Mn 55432 Russell Tenney 725 Kimball Street N.E. Fridley, Mn 55432 Frank Daughenbaugh 409 Maple Avenue N.E. Minneapolis, Mn 55432 Mr. & Mrs. Erwin Hartman 735 Kimball Street N.E. Fridley, Mn 55432 Mr. & Mrs. Leonard Moore 8301 Riverview Terrace N.E. Fridley, Mn 55432 David H. Hagemeister 6698 Quebec Avenue North Minneapolis, Mn 55428 Mr, & Mrs. Edward Coleman 679 Janesville Sta N.E. Fridley, Mn 55432 Mro & Mrs. Gerald Woodard 699 Janesville Street N.E. Fridley, Mn 55432 Michael Heller 8245 Riverview TErrace NE.. Fridley, Mn 55432 Mr. & Mrs. Richard Smith 8275 Riverview Terrace N.E. Fridley, Mn 55432 Mra & Mrs. Ronald Watson 8295 Riverview'Terrace N.E Fridley, Mn 55432 Mr. & Mrs. 5tanley Barone 686 Kimball Street N.E. Fridley, Mn 55432 Mr. & Mrs. David Kuehn 676 Kimball St. N.E. Fridley, Mn 55432 Mr. & Mrs. Neal Shoquist 666 Kimball Street N.E. Fridley, Mn 55432 Mr. & Mrs. William Berglund Mr. & Mrs. David Provost 8270 Broad Avenue N.E. 656 Kimball Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Mark Sheppard Lavonne C. Broberg 621 Janesville Street N.E, 646 Kimball St. N.E. Fridley, Mn 55432 = Fridley, Mn 55432 � � � Mailing List P.S. #77-08 Thompson's Riverview Heights Daniel J. Kociemba Page 2 Daniel J, Kociemba 665 Ironton Street N.E. Fridley, Mn 55432 City of Coon Rapids Planning Department 1313 Coon Rapids Blvd. Coon Rapids, Mn 55433 ` .� ��G �� , . .� �• , •..,. � ` �, • _ �.'�? � .: � � � � Attention Cit.y of Fridle,y City Council: Exemption of Park Fee Dear 51rs; . . .... .�.� 1 � • �. � :eT 12/10/7� •.» , .,: < �, . In connection with the annexation of lots 22, 23, and 24 of blk. �F of Mississinpi Qaks, lots 14, 15, lfi &�7 of Aud. Sub. #103 Rev. to Fridlev from Coon Raoids in order to make lot 1 blk. 0 of Fiiverview Hts, buildable sites. The CitY of Fridle,y has requested a reolate of lots 1, 2, & 3 of blk. 0, f3iverview Hts., lot 24 of blk �, Mississioni Oaks, and lot 17, except the west bb.5 feet thereof, Aud. Sub. #103 Iiev. I request that the park fee be wa�:ved in this unusual instance because the city requested a replat with the annexation, not that one was necessary. Aichard eherrier of Cherrier Winter & Associates has spoken to konald Anderson, the Anoka County Surve,yor, that a simple lot split would have been recordable in Anoka CountY. The Citv would gain two buildable sites. It would gain vay^�ent of �2,792.51 for sewer and water laterals in front of lot 1, blk. 0 Aiverview Hts, which were uncollectable because of unbuildable sites. � :. .: ._. �.. ��.: ' '" . _ � Theodore Tho^�pson, the ownPr whom has resided at�this ,,: � • residencP for over forty ye�rs, is a disabled veteran and Senior Citizen, I am taking care of developing these said pronerties for m,y Uncle. I would appreciate your consideration in waiving the park fee. Thank you � �w�,� �e�r..,{/�J Dan1e1 Kociemba � � ,�r*r:.�; r �5�;� ♦ � 3 0 � � � ^� S s < , i *�t +A'r��+ 9t.r!!+'�.i�'� , �R' . . . . e �}.f. � � 4 v�� ,��"�,• �� l . � 3 � � � �,,q K � �, �.. `�" �� Y t� � s* • � Z3�•? .. �' � � ��� N ` - . .i. 1 �6 � y''' �O � K � � K � e � �.e � .�� � � � o.� _ . . 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( � V _ "' f/ �% 4 �. ,�G� �i.��� Z:�.k G��.�� . w � � � . � �� . . �. . . . i�UQn SU .I�Y� -� �~ � .n zz„ iAe � NG; 10 15REV. .:' ° 3 � � 1,.. ,. ��� :s ;, e �6 �' ;� 24 • �3� ' -0r ..•- s� � ^ i 1� . \'J 35 � 3b�� !i' `e . t .�4C ��"%7 �\� � 3 1 � e / .�� - V! =J�: �J (9 �O 3, � �0 .` ` ., y � �, i ;" 11 1 =. � � '� '1 �1 � � ) i •iti 1 1 � , � � � w � �- -� y _. .� i� .. M �.� � � �......._ '". .. __.. _".- . �� ', . i � ~ t l .'� b n �.__ _ �� 3/I b'��–__ . ---�- _ � --- Ob'01�J9 � —_¢' � . ti /''r,.8£,8�.� S , � � m � � ` � � � � � � . � � I ` � 0 �� � o Q � � � �� � , � J I � � lv J L ' � $ ' L\ ot , ' V.tl� , � � Go a3 � J V .�`� � { ,,. -- �� — 1'w i �^` i4 �� `�n \ � � �, �\ �f1 : 1'�1 � ~ + 3W o `i � � � � �� y YP N �, sa,z0��' Y � �( „ x `.'..' n r..�°a � 6 Y 1 � �M Y y�j �y ~ :O /Z�+ `T O.k . K ah .n _' .�'r F.eV.� . � �. w .. N .. .o o �' o �.c > q � u N H i/� • � . � �C H Y�1 : O N 3 �( . O �, jK O ...� CY 1� : ay � VupT ?1 011 < Y M 6p \ xy v.�i o �~ N ^ Rl M V•I.M � 'rVp�l \- /' !'�� 1'� � W � � 4� . NM {� G .�.I � � •% M O q N � ° w .�i o v u y e� �� W � ✓ V~u V po� .\ Q � a° a° a � . " a "' o e a �' � v °a °� ° .. s d \ � r.�l tl a�0 rn a�0 �a P K � b � •` .S , ,�' �`\ `,1 ��, ,� eY �� ±aX �3 � s � �\ ,;'11 alf• ,` , : a ~ w, � 1��a 1 C u 4 ` , o \ � Q � \ 'e � � � o .� n� 0 .� ^ �' i � . �: R � �{� � o V 4 C N � ti � 6 A �ii ;.tttii �� �" , ,, Cherrier Winter & Associates, Inc. , r;� Registered Professional Land Surveyors `� ` S4Ce 306 � Village North Professionai Bldg. ■ 7420 Unity Avenue North • Brooklyn Park, MT7 55443 �(612)561-2505 � w. � Sheet S of 2 Certificate of �urvey Easement survey for Paul Seidel DeSCrib@d as follows: aee sheet No. 2 for easement description. � \ l �,, i r , z ' ' I I —Ci���9/ s / Ir��� Nf:/:fyt�stn��nr i �s �s� � iIi 0 I ' 1 � �� 1 • \3 � ` gc' �'� 1 __ 1� �_�. � � djZo groa.,�.Ovs..t�.i'• Lo f �G%�r. J�ri1 �f /�o � p 7" A I % �.9 i � �- i:� � i NE !'�ri%C! � f !wi' !:r % /� ,s 8325 �vr�vii�✓ �r•��8c. �,J -'i–_–' — – Z9>.�9–� 1 �,�,t, �. � M. h.'� I `� fN f/G, b/e<K O Sa..tfli //qt i/ �iCW /G J � ' ��..: �ill'ArV/11✓ A�'�//fJ p I: :.^ � S��u 5� 12�V'� ' ,:'" } t %7f .��J �..rr!�..% J l y K�mb��f S�t.�P n.�• ' " ~ � �r r� ! X�et;""� SC°J � �"� �ereby certily that this survey, pian, or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the�wg oi the Statef��innesota l. / i� /. .. .i. , Date rZ'�:2,Z_Reg � �� • N � .; . .•., ,� �� � � i_ l CSL� �J%%iYI' O � ,C,} /� Scale 1 inch equals�2SLfeet o Indicates Iron Monument Book ' Page . Job No. �3� � �HERRIER , ER & ASSOCIATES INC. REGlSTFRED PROFESSfONAt � LAND SURVEYDRS Sheet 2 of 2 sheets Easement description for Paul Seidel Le�al description �� . �� . TeiePno� 561•2505 � �B .. r � � ' SUITE 306 VILLAGE NO'RTH PROfESSIONAL BLDG. 7420 UNITY AVENUE NORTH BROOKLYN PARK, MINNESOTA 55443 An easement for eanitary sewer and water service purposes over� under and across part of Lot 1b, Auditor'e Subdivis- � ion No. 103 Revised� Anoka County. Minnesota� said ease- ment beir�g 30 feet wide and the center line of said ease- ment being described ae fol2ows� �r, � Beginning at a point on the south line of said Lot 16 dietant 13 feet wesC from the northwest corner of Lot 16. Block 0� RIYERVIEw HEIGHTS, Anoka County� Minnesotat thence northerly at right angles to said south line of Lot 16, Aud. Sub. No. 103 Revised to the north line of said Lot 16� Aud. Sub. IVo. 103 Revieed and said esaement center line there terminating. ....a./! r.� � , ._ � � ca�-v o� �����.�� 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MI'ANESOiA 56A32 TELEPHONE ( 812J5T1-3450 Mr. Aan Kociemba 665 Ironton Street, :lE Frid2ey, 17N 55932 Dear Mr. ICOCiemba: November 18, 1977 r(� r .,J ' 4. . `. . SUBJECT: PROPOSED ANNEXATION OF PROPERTY FROM COON RRPIDS TD FRIDLEY This 2etter is to serve as an update on your recent request to annex certain properties from Coon Rapids to Fridley. 11s you were informed, the City wi12 require a copy of the exe- cuted and recorded private easement as we discussed. Also, a preliminarg plat of the involved property.is needed for City review, prior to plat or annexation approval. . The p2atting and annexat.ion reviewal process wi11 be conducted si�Itaneously by the Citg. In order to make the publication requirements for the January 1Z, 1978, Planning Commission � bteeting, we request copies of the above easement and prelir.�i- narg plat by 7�ecember 14th of this year. If you have any further questions, please ca12 me at 571-3450. CBM/grs � Yours very truly, CITY OF FRIDLEY C� � ����2� , Clyd�. Moravetz En9i eering Division ,Y... �� 4 � C�i[TNITY DEVELOPMENT COMTiiSSIOAi MEETING DBCEMBER 13, 1977 � t�ffiBRS PRESENT: LeRoy Oquist, Hubert Lindblad, Qonnie Modig t3EMBERS ABSENT: OTHERS PRESENT• CALL TO ORDER: Herman Bergman, A1 Gabel �tuben; qcosta, P]anning Aide Vice-Chairperson Oquist called the meeting to order at 7;37 p.m. � F "" � .. � APPROVAL OF NOVEf�1BER L5, 1977, CONAIUNITY DEVELOPMENT COMMISSION MINUTES: MOTION by Connie Modig, seconded by Hubert Lindblad, to approve the November 15, 1977, Gommunity pevelopment Coumiission minutes as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. COI3TIP7UED: NOISE CONTROL ORDINANCE: Mr. Acosta stated that he believed there was going to be a revision on the Noise Control Ordinance, but at this time, the revision had not been typed. He stated that there were two ways to enforce the noise ordinance; one was by adopting the State and Federal standards on noise'control and the secand was by the city implementing their own standards. By a dopting the State standards, there was a better basis for enforcement than with ciCy standards; because when a city adopted standarda that were stricCer than the state standards, they sometimes ran into problems with the staCe standards. Mr. 09uist suggeated that the Co�issioners go through the Noise Ordinance page by page, making changes and recoa�endations as they went along. PLr. pquist stated that he had noticed that snowmobiles this ordinance. He wondered if the separate snowmobile noise problem. Mr. Acosta stated he would check into that further. were exempted from ordinance cwered the ?fr. Oquist stated that on the first page, Section 124.01, Definitions, he was confused with the terminology of a"City pfficial". It stated that a "City Official" was "any duly authorized representative of the City as desig- aated by the City Manager". Mr, oquist staeed that throughout the Noise prdinance, both "City Official"and "Noise Control,Officer" were talked about. � ��:, �, . . . . .., COMiUNiTY DLVELOPI�NT COt�SSION MEETING DECE�ffiER 13 1977 - PAGE 2 Mr. Oquist wondered if'they were one amd the same, in his opinian, there � should only be one person referred to and that s►�ou1d be the "Noise Control 0£ficer (NCO)", and it shat�ld be so defined in the Definitions, Mr. Acosta agreed thae "�i�y Offical" was unclear. He suggested that the following words could be added to the definiCion of "City Official"; "to administer this program and'be designated as the Noise Control Officer'* Mr, Oquist stated that ���ity Official" was too broad a term and felt iC should be narrowed dawn to just a definition for a'�oise Gontrol Officer��. He etated that "Noise Control Officer" should be inserted in place af "City 6fficial�� throughnut the r+rdinance. Ms. Modig asked Mr.'Acosta if there was s«ne material a lay person could read and study to help in`uaderstanding and recognizing noise Ievels. Mr. Acosta stated xhat these had been a chart of noise levels at one of Che noise control me�tingg he had attended. Ae said he would check into acquiring a chart of this'kind for the Conmi.ssion members. He stated that one thing that was very imppr[ant in noise meae�}rement was the distance trom whare a noise source'was cqming, as it had a lot to do with the relation- �hip of the noise itself. Mr. Acnsta stated that he did know that the City did not want to get stricter than Che state standarda; because, at this time, they did not �' feel qualified to make those kinds of judgements, It was a very technical area; there was aa art and very well de€ined criteria on how noise measure- ments were taken. Under Sectian 124.05, laBt`paragraph, stating; ��AL1.residential, office, coumercial or industrial`'structures requiring site plans in accordance with gection 205.07 and 205.13 of the Zoning prdinance shall aubmit a nofse impact statement which adheres to the following requfrements...", Mr. Oquist stated that he had looked up Sec�ion 205.07 and 205.13 and these sections only dealt with g3, R3A, M1, end M2. It appeared that the residential and co�ercial aectione were left out. He stated that all sections of the 2c#iiag tlydinance that were applicable should be included in that paragraph. Mr. Oquist atated Chat he won¢ered when a nolse impact statement was required as it seemed unclear ia Section 124.05 Noise Impact Statements, General Provisions; t�1o'owner of any land shall commence canatruction or cause conaEruction to be cammenced of any structure covered bq this section unless a noise impact statement has first been approved by the NCO asprovided in thia Sectioa;° Mr. Oqu;Lst stated that k�'wandered if the first paTagraph under Section 124.05, Ftem C Approval of Noise =mpact Statement, befonged there. He eaid it agpeare@ to belong more under Item B Final Noisa 7.atipact Statement Re�uirements. He said he questioned th� need for the entire Item C as paragraph 2 could be included' as #3 under item 8 also. �'' � f: .... �2 � COMMONIIY DEVELOPMENT COrAfISSION MEETING DECEMBffit 13, 1977 - PAGE 3 Mr. Oquist suggested that Item B be reworded as follows: "Final Noise Impact Statement Requirements: Three (3) copies of the final noise impact statement shall be submitted to the Noise Officer for review prior to issuance of a buildinQ permit." He stated this would give the time factor as to when a noise impact statement was required. Mr. Oquist stated that if Item D,Comprehensive Plan,under Section 124.05, referred strictly to city comprehensive plans, it should be deleted from this ordinance. Mr. Acosta stated that under Section 124.05, Section E,Appeals, "in the Fridley City Coancil" should be changed to "to the Fridley City Councll" Mr. Oquist stated that he assumed that Section 124.06, Central Air Condi- tioning Equipment, referred to private homes also. Mr. Acosta stated that this section implied that it did include private homes. He said they did get camplaints about central air conditioning units being annoying Co neighbors. Section 124.06 stated that "the City Official must approve the location of new installations of central air conditioning plants or equipment which are � exterior to the building." Mr. Oquist stated that the city official or noise control officer could not approve the location of new installations in private homes when there was no permit required to notify them of the installation. This section should be tied into something so that the City would be notified before the unitwas installed. Mr. Lindblad stated that a permit should be required for cenrral air condi- tioning so the City could 5tate where the units should be installed. Under Section 124.08, Operational Limits, subsection (c), Mr. Oquist stated that if Section 10.29.02 (which was referred to in Chat paragraph) was from the City Code, it should be so noted in this ordinance. Mr. Oquist referred to Section 124.08, subsection (d), (2), on Refuse Hauling: "In all other zones, the hours of operation for the hauling of refuse shall be unrestricted unless a public nuisance is declared as defined in Section 110 of this Code." Mr. Oquist stated he was confused if it was meant to refer to Section 110 or Co Section 124.08 on Public Nuisance Noises in this ordinance. Mr. Acoata stated he would have that clarified. Mr. Oquist stated that Mr. Acosta also check Section 110 to be sure there was no duplication of sections. Mr. Lindblad stated that under Section 124,09, Item 4, he would like the � following worda deleted; "particularly between the houra of 10;00 p.m. and 7;00 a.m. or" GOI�81tRQ'LTY DEVELOPMENT COI�iI5S20N MEETING DEGEt+�ER 13, 1977 - Pt�E 4 � Mr. Oquiat stated that in gection 124.09, Item 7 on Exhaust, subaectian (b), '4iollywood mufflere" was a alang term and a legal term ahould prohably be used. Mr. Lindblad stated that thay ahould be concerned with the noise level of mufflers and not the type'`of muffler. He recammended that aubsection (b) regarding "Iiollyvood Mufflers" be deleted, as it was already covered in subeection (a). The CommiBSioners agreed. Mr. Oquist stated he could see no need for the first sentence under Section 124.10, Exceptions; "It is recognized that under certain circum- etances it would be impossible for a noise source to comply with the provisiona of Sectiokt 124,03 of th£s Chapter due to economic or technological reasons." The Co�iasioners agreed to delete this aentence. 2�. Oquiat stated that enforcemeat wae implied throughout the ordinance, but was not included. MdTION bq Hubert Lindblad, seconded by Connie Modig; to continue discussion on the Proposed Noise Ordinance after Staff has had time to consider these recom�endationa in the forthe wiing revisioa. Upon a voice vote, all voting aye, the motlon carried ananimously. DESCUSSION ON STATUS OF BIKEWAY/WAI.KWAY PROJECT COMhIITTEE: M(irION by Hubert Lindblad, seconded by Connie Modig, that in the absence of Mr. Bergman, discussion oct the atatus bf the Bikeway/Walkway Project Conmittee be continued at a meeting when Mr. Bergman could be present. Upoa a voice vote, a21 voting aye, the motion carried unanimously. RBCEIVE'COMMONITY D�VELO�T COHAfISSION GOAL3 & ABJECTIVES: MpTit� by Connie Modfg,. seconded`by Hubert Lindhlad, to receive the Coffiunity Development Co�nission's C;oals & Object3ves. ''3 � Mr. Acosta stated there h�d been a discussion at a Planniag Co�ission meeting on wfiat were the xespansibilities of the coamissions. Were these sub-commissions actually a part of the pl8nzting C�iaefon or were they juat to adv3se the Planning Conuiission? When thinga were presented to Lhe Planning C�isaion or any of the other comniasiana, should the co�iasions review those things for conte2ct or ahould-that context be changed, disregarding the goals and objectives? Did the context reflect what the ca�missions' responsibilities wereY If they did not, then should the c�issions give the reasons and pass them back to the drafting body or should they ehange the eantext to fit the 8ommissions' vieits of what their,goals`and objectives should bey � � Mr. Oquist atated he thonght the �ommission ought Co review their goals and objectives to see if their things met that criteria, If the Commission did not agree with something,;,it ahould be pasaed back to Staff with suggested changes aad rec�nendations: fle did not think they ahould spend a lot of time :� _''!ir"' ,:<� � � COMMONITY DEVELOPMENT COT4'fISSION MEETING, DECE�ffiER 13; 1977 - PAGE 5 going through something word for word. He stated that maybe a lot of things really shouldn't be going through the Planning Commission when there were other commission reviews. He said the Proposed Noise Ordinance was a good example. It should be passed back to Staff and Environmental Commission with recommended changes, and when it was saCisfactorily rewritten, then it could go to Planning Ca�ission. Mr, pcosta suggested that maybe another thing that could be done was that Planning Co�ission shou2d not act on a document and then send it to its sub-commissions. The sub-commissions should review it first, get together with Staff on what they wanted and needed wiCh citizen input, and then pass the final product on to Planning Co�ission. Mr. Oquist stated that the Co�ission mem6era should keep these goals and objecCives along with the ordinance to see if things went along with their goals and objectives. When they did not, then they should go back to Staff with their zecommendations, UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION TO RECEIVE THE COMMZSSION'S GOALS & OBJECTIVES CARRIED UNANIMWSLY. . DISCU5SIOIQ ON ADVISQRY STANDARDS FOR LAND USE REGULATIOI3: A. Material on policy on development of substandard lots and two variance requests before the ApPeals Commission 12/13/77 on such lots. Mr. Acosta showed the Coffiuission members the designs and site plans for the development of these two substandard lots. He stated that the Appeals Co�nission was having a Public Aearing on the variance requests this evening. The City should not really approve the requests withoug first coming up with a policy on 40 foot lots. Mr. Lindblad stated a 40 foot lot was too small to build a livable home. ge stated he liked Mr. Bergman's suggestion in his November.22, 1976, memo to Dick Sobiech where Mr. Boardman suggested that these small lots conld be used for city garden plots. Ms. Modig stated there were a lot of ways to use 40 foot lots other than for building houses. pir, pquist stated that in reference to the Land Use Regulation they had discussed at the last meeting, there might come a time when the City would be asked to build on 40 foot lots. PJr. Acosta stated it was more than that. The City,was realistically looking at avoiding spot building--a small house in with regular size houses, ge stated it was"quite possible thaC there would be 40 foot lots �en present strnctures deteriorated, So, the question was whether the Gity ahould have a policy on 4U foot lots. �� : � ., �. �. � .. E. ,.�, COMMUNITSt DEVEL,OPMBNT COMMLSSION MEETING DECII�ffiER 23, 1477 - PAGE 6 Mr. Oquist atated that there probably was a need for a policy on what to do �`, with 40 foot lota, both now and in the future. Mr. Acosta stated this had been brought to the Coumissian for their information and now they would'have to wait to see 'ahat decision the City Council made. MOTION by Aubert Lindblad, seconded by Connie Madig, to continue discussion on Advisory Standards for LSnd Uae Regulation until the next mee[ing. Upon a voice vote, all voting aye, the motion carried unanimously. AA70URIIMENT: MOTION by Hubert Lindblad, seconded by Connie Modig, to adjourn the a�eeting at 9:45 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Reapectfully submitted, I; e Saba Recarding Secretary � � --�� ATTACHMENTS TO THESE MINUTES WILL BE ADDED CITY 0^ FRIDL�Y TO JANUARY 24, 1978 MINUTES AF'PFItLS COMMISST.ON t1F1:TIP1G - DF,CTTRL3?;R t�j, 197% T�' � CALL T0 ORDF.R: rf/'` ,,. Cha_irperson Schnabel called the December 13, 1977, ` Appeals Commission meeting to order at 7;l�2 P.t4. ROLL CALL• F4embers Present: Members Absent: Others Present: Plemel, Schnabel, Gabel� Barna Kemper Ron Holden, Building Inspector APPROVE APPiALS COMMISSIOTd t�tINUT^S: NOVF�?BT'R 29� 1977 i40TI0N by Nis, Gabel, seconded by Mr, Barna, to approve the Appeals Commission minutes of November 29, i97p, Upon a voice vote, all votin� aye, the motion carried unanimously, The minutes tiaere approved at 7: t�i� P,p2. 1, RE�UEST FOR VARIANCE OF THE FRIDL�Y CITY CODE� SECTION 205.o53�4e iB,4) TO REDUCE THE RE�UIRED FIVE FOOT SIDE YARD FOR AN ATT�ICHED GARAGE TO 2.69 FEET� FOR AN EXISTING ATTACHED GARAGF, LOC!1T�D OPi THE NORTH 86 I'E�T OF TIIE SOUTH 197 I'EET OF LOT 1, AUDITOR'S SUBDIVISION N0, 129� THE SP.ME BEING 71f70 LAKESIDE ROAD P;,E„ FRIDLEY� NID?TI,SOTA, (Request by Ray E. Teague, 7470 Lakeside Road N,r�., �ridley, Minnesota 55432). M�TION by P-Ir. Barna, seconded by Ms, Gabel, to open the Public Hearing, Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing v✓as opened at 7:1�5 P.M, Mr. John P!, Terpstra, an attorney at lativ representing Mr, Ray �. Teague, �vas present at the meeting, ADMINISTRATI� STAFF RrPORT A, PUBLIC PURPOSF S�RUPD EY R:QUIRi�4ENT: Section 205.053� 4� B, 4, requiring a side yard setback of five feet from an attached garage in an R-1 zone, Public purpose served is to provide open space bet���een structures to reduce conflagration of fire, to provide access to the rear yard in emergencies, and to limit the condition of crot�rding in the residential neighborhood. � ,�,� ror� J APP�ALS CONIMISSION MF,PTING - DFCFMBT,R 13, 1977 PaP,e 2 � C. STATFD HARDSHIP: 4�iithout clearing up the encroachment, it may be difficult to sell the property, ADMINISTRATIV� STAFF RPVI�S'l; The oribinal permit application shov�ed that the builder fully intended to have nine feet of space between his garage and the north property line. Obviously the builder misplaced the structure on the lot, The matter has been confused by tt�ro surveys which differ by 1,1 foot. Thus, this request is for the most conservative survey distance vfhich shoias the petitioner�s garage to be 2.69 feet Frcm the property line. The house to the north is 20 feet from the petitioner�s garage. Mr. Holden explained that there tivas a confusion as to which survey vras correct. He pointed out that it iras not the intent at the Appeals Commission to try to decide i��hich survey was correct, He said that in filling out the variance request they had taken the most conservative distance. Mr. Terpstra indicated to the AppeaZs Commission the survey that ti+ras being used. He said that they ti��anted � to use the most conservative survey to take care of any problems that could arise in the future. Mr, Holden indicated that P4r. Teague had requesied seconc� survey to be done. He �ointed out that the City shoived that the buiZder Ycad intended the house to be constructed to meet all codes. However, he said, that construction the positions l�rere altered. the files during Chairperson Schnabel asked when the house had been constructed. Nfr. Holden said that it had been constructed in �969. Mr. Terpstra said thzt M�. Teague was not presently planning to sell the property involved. He said that hir. Teague had moved his fence and shed and he �vanted the entire matter cleared up. Mr. Plemel asked if Mr. Teague was the original ovrner, t4r. Terpstra said that Mr. Teague had not been the original olvner. Mr. Barna asked what the disiance ��ras betvreen Mr. Teague's house and the adjacent structure. Mr. Holden said that it ti�fas 20 feet bet�veen structures, � � � � �nrnLS cor���zsszorr r7��;rTZrr� - nrci:t�tr�rrt i,, � 977 p���e j _ � �� MOTION by Mr. Plemel� secon@ed by Ms. Gabel, to close the Public Hearing. Upon a voice vote� all voting aye, the motion carried unanimously. The Public Hearing ti^�as c�osed at 7:51� P,M. � Ms. Gabel had no objections to the request. She said that it rras merely a matter of "house cleaning", t�r. Plemel didn�t feel that the petitioner should be penalized for something that happened before he bought the property. P4r. Barna said that he agreed lvith Mr. Plemel. He said that Mr. Teague vras ending up erith less property than he believed that he had z�rhen he rourchased the property, Chairperson Schnabel felt that the intent of the Public Purpose vras being met, She said that there cras adequate distance betr�een the str?zctures, MCTIOTQ by Mr. Barna� seconded by Ms. Gabel, that the Appeals Commission approve the re�uest for variance of the rridley City Code, Section 205.053, 4o iBe4)� to re�uce the required five foot side yard for an attached gara�e to 2,69 feet, for an esistin� attached garage, locate�l on the P?orth 86 ieet of the south tg7 feet of Lot i, Auditor's Subdivision ido. 12g, the same being 7LF70 Lakeside Road N.E., I'ridley, ITinnesota, Upon a voice vote� all ;rcting aye, the motion carried unar,imously at 7; 57 P�Pt. 2. ?2E9UEST P'OR VARIAI�1CrS OP TH� FRIllLEY CITY CODL AS FOLLO';45: SECTION 205�053� 1B� TO REDUCE THE LOT AREA R�3�IUIRED FOR A LOT RPCORDLD ByFORE DECEI�ZBER 29> >955, i'ROh4 �500 SQUARE FE�T TO 5064 DyUARE F��T; AND SiCTION 205.054, 4B� 5a� TO REDUCE TH� RE�UIRED SIDE YARD l'lIDTH ON A STRLET SIDE OP A CORN�R LOfi FRC7M 17,5 FEyT TO 11.25 FEET; AND S�CTION 205.053, 2B� TO REDUCE THE MINIMUM LOT 68IDTH FROri 50 F�ET TO 39.Z5 ��T; and SECTION 205,054� 4� TO ILDUC� THL MINII�1Ui4 S�UARE FOOTAG� ON THE UPPER Tl'i0 FLOORS OF A SPLIT ENTRY D�5IGN HOUS� FROh1 768 SQUAR� FEPT TO 320 S��UAR� I'��T ON TH� LOiVER L�VEL; AND S�CTIORT 205.053, 4B, TO R�DUCE TAE SID� YARD �1DJOINING LIVING AREA PROrI THE R�!?UIRED 10 FE�T TO 8 F�ET� ALL Td ALLd['1 TF3� COnTSTRUCTION Or' A HOUS� AND ATT�ICHED GARAG� TO Br I,OCATED ON LOT 30 � BI;OCK 12 � PLYI-IOUTI? ADDITIOPI� TH� SI�M� BEING 4687 TdAIN STR': �T N.E. � � RIDLEY� MINNESOTA (Request by Gordon Hedlund, 1255 pike Lake Drive� Nelv Bri�hton, NIN 55� i 2) . � MOTION by bis. Gabel� seconded by h4r. Barna� to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried ' unanimously. The Publie Hearing tivas opened ut 8:00 P.M, r1r, P1emeZ ste�ped doim from the Appeals Commission for the hearin�s of thi� item and the next i{:em� due to a possible conflict oi interest. APP�ALS COh'�SIuSI0P1 tZP:�"PIPJG - Di;CLfi�Ti?;R 13Z 197'7 Pa�e 1� ^� . A�tINISTRATIVE STAFF REPORT � � 4687 �1ain Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 1. Section 205.053, 1B, Lot area requirer�ent of 7500 square feet 2. Section 205.053, 26, Lot width of not less ttian 50 feet Pub1ic pi�rpose served 6y tfiese two sections is to avoid the condition of overc•rowding of the residential neighborhood, to avoid excess burden on the exfisting water and sewer services, and avoid reduction of surrounding property values. 3. Section 205.053, 48, 5a, Corner lot side yard setback of 17.5 feet for living area of structure Public puroose served is to maintain Rigiier degree of traffic visibility and reduce the line of sight encroachment i:nto tfie neighbor's front yard. 4. Section 205.053, 4B, Side yard setback adjoining living area of 10 feet Public purpose served is to provide space between individual structures so as to guard against radiant heat which wou}d.spread a fire from one structure to anothe^, to pravide sufficient access into the rea.r yard for emergency purpose�, and to reduce the condition of overcrowding of the residential neigh6ortiood. � 5. Section 205.054, 4, Minimum of 768 square feet of gross floor area � in each of the upper two levels provided for a house of the split entry desiqn Public purpose.served is to provide for adequate house size and living area in residential 6uildings. B. STATEQ HARDSHIP: Lot is unbuilda6le without listed variances. C. ADMINISTRATIVE STAFF REVIE41: The petitioner, Mr. Hedlund, recently purchased the lot;in question. Ne was told by the County officials at the public auction in Anoka, as well as the Fridley City staff, that this lot was considered unbuilable. Mr. Hedlund was also informed that to the 6est of our knowledge, the City Gouncil hasn't permitted anyone to deveTop 40 foot lots in fridley since the adoption of the present Zoning Code (June, 1973). Due to the extent of material involved, we refer the Commission to the exhibits found in the variance application. � e�--.� APPEALS COMMISSION MEETING - DECEMBER �x 1977 Pa�e 5 _. _. . i:•� Mr.. Hedlund showed the Appeals Commission his plans. The proposed house would be a tuck-under �arage style house. He � said that the address of the house would be Main Street, however, he said that the actual main entrance would be on 47th Avenue. He indicated that the floor plan would consist of a livingroom, kitchen, eating area, and two bedrooms on the main floor. He said that the lower level would be 320 square feet and that there wouZd be room enough for another bedroom or a family room. He said that the lower level would not be finished by him, since it would be a personal matter as to how the buyer of the house would want the lower level done. He indicated that because of the grade of the lot in question, there would be a possibility of making the lower leveZ a walk-out with sliding glass doors. He said that, again, that would be up to the '6uyer of the house. He said that the house would be in the t�0,000 @ollar-bracket. He said that it would be a completely finished house. He said it would be carpeted throughout (except for kitchen and bathroom}, he would do the painting and wallpapering and that all the light fixtures would be included in the selling price. He said that the basic appliances would also be incZnded in the selling price. Ms. Gabel asked the size of the garage. Mr. Hedlund said that it was a two-car tuck-under garage measuring approximately 20 feet wide. He pointed out that the garage would be completely to code. He said it would � haae 5/8" sheetrock and fire doors. Chairperson Schnabel wanted to know i£ the $40,000 selling price of the house included all the items that Mr, Hedlund was pointing out; carpeting, wallpaper, appliances, etc. Mr. Hedlund said that all that he had stated would be included in the ��low�' $40,000 bxacket that he had previously quoted. He said the � advantage of the house was the cost oY the land. He said that because of the size of the lot, a person wou2d expect to pay a little Zess for the house. He felt that that price would be a realistic price for the house that he was proposing. Chairperson Schnabel asked how large a family Mr. Hedlund would anticipate would purchase his proposed home. Mr. Hedlund thought that it would be a nice home for a young couple starting out, He said that the house would not be �ood for a large family. APPEALS COMMISSION MEETING - DECEMBER 13 1997 Pa�e 6 ' �'`�' �� �� Mr. Hedlund said that��indeed, he was requesting many � variances on the lot� but he felt that the house would be a nice house. He said the builder that would construct the � house had constructed many homes in NE Minneapolis on 40-foot lots and they were all well-built, economical houses. He felt that by placing the house on the lot in the manner he proposed, it would make the best use of the remaining yard space. Chairperson Schnabel asked what type of income would qualify for his proposed house. Mr. Hedlund said that a lot would depend on how much a person would put down on the house, but he figured that a PITI payment would be approximately $350 per month. , Mr. Hedlund said that to be able to build on a 40-foot lot, a person could possibly meet all the codes. Ae said that he was asking for variances to the codes; but he felt that the house he was proposing was a good house for the area. He said that he could probably get within some of the setbacks by proposing a different type house� possiblq a house with no garage, but he felt that the proposed house would fit better into the neighborhood.• Chairperson Schnabel asked if Mr. Hedlund had ever constructed a house on a y.0-foot lot that had met all the codes. Mr. Hedlund said that he had never previously built on � a 40-foot 1ot. He pointed out to the Commission several other cities that did allow building on 40-foot lots. Mr. Hedlund felt that to many people the exact dimensions of the lot were not as important as the house that was on the lot. He felt that the 40 foot measurement was a barrier that once a house was put on that lot, it wouldn�t really be that much of a problem. Mr. Holden asked when Mr. Hedlund had purchased the 1ots, He also asked what he had paid for the lots� Mr. Aedlund indicated that he had purchased the lots a few months previous; attd that he was not really sure how much he had paid for the lot. He �uessed he paid approximately �2,000 -$l�,00�, but he wasnTt sure. He said that the lot was a tax-forfeit lot. Mr. Holden pointed out tliat sewer and water were not stubbed in for this lot. Mr. Hedlund said that sewer and water were in the street and the lot could be hooked up. � � Chairperson Schnabel asked Mr. Hedlund to state the hardship involved with the lot in question. Mr. Hedlund said that unless he eould build on the lot, it would be a lass for him. He said that he would have to pay taxes on the lot and maintain it and would get no return from it. Chairperson Schnabel said that at the time the land was put up for sale that it was stated that the lots were considered UNBIIILDABLE LOTS. Mr. Hedlund indicated that he had understood that statement. Mr. Holden referred to several exhibits that had been assembled regarding the subject. Mr. Holden first referenced Exhibits A and E which were a map and a note by him indicating that a study had been done of the area in regards to lot sizes. Mr. Holden next referenced Exhibit C� The City Council Meeting of August 15� 1977� He said that at that meeting the Council had considered a �rogram for disposal of suh- standard t� forfeit properties in which the Council diUcussed that these lots would go through the City and on�o the County for disposal at a Public Auction. He said that mention had been made that the purchaser MUST be informed �hat the lots were sub-star.dard and NOT buildable lots. Mr. Holden went on to expl ain that Exhibit D ivas a memo from Mr. Richard N. Sobiech to Mr. Nasim M. Qureshi regarding the "Program for Disposal of Substandard Tax For£eit Properties�` In the memo Mr. Sobiech indicated that he had been tivorking with Mike 0'Bannon, the County Commissioner� in an attempt to develop a program to dispose of substandard tax forfiet properties. Ae said that it was Mr. O�Bannon�s opinion that Anoka County could dispose of those properties in a manner that roas satisfaciory with the City of Fridl�y. He indicated that a listing of the tax forfeit lots was submitted to the County tvith comments as to certain circumstances affecting the individual properties. Mr. Holden indicated that Exhibit D consisted also af pages 1& 2 of the listin�. He said that Lot 30, Block 12 had been shown as a��NOT BTdILDABI,E SITE��. Mr. Holden next asked if Mr. Mervin Herrmann, the City Assessor, could give an indication as to the value 4f the lots. 1 r.+�.. vvi'u-�i.✓.✓ivi� �-iLi.lta�v � uLVL'1'tDL.R 1 � Ycl l: O . ��� ♦ � �Mr. Herrmann indicated that the lot at 4687 Main Street NE� ~�'� if bUildable, would be valued at approximately $5�300. Chairperson Schnabel asked what the value'would be for � the lot as unbuildable. Mr. Herrmann said it was very hard to deterraine. He said that the value would be approximately $y.00 -$600. Mr. Holden asked Mr. Herrmann if he had an idea of what the effeci of developing a 4d-foot Iot in that area at this time as opposed to developing an 80-foot Iot in that area at this time would have on the surrounding property values. Mr. Herrmann felt that the style of Yeouse beiag proposed �vou].d have an adverse effect on the neighborhood. He said that he couldn�t determine the values of what Mr. Holden had asked. Chairperson Schnabel asked if he knew the value of the other structures in the area. Mr. Herrman felt the other structures would be in the $35,000 bracket. He felt that the house, in itself, would be definitely better than.the oId-tyge homes surrounding it. Hotivever, he felt that it would be best for the neighborhoo@ if the proposed house �aas more compatible with the area. Ms. Gabel asked that in terms of taxes, if the house � on the �0 foot lot would carry its own burden. Mr. Herrman indicated that it would. Mr. Holden referred to Exhibit E which wae a letter from him to Mr, Jim Plemel in the County Auditor�s Office. Mr. iiolden asked Mr. Plemel two questions in the letter; 1) How was the appraised na2ue for these two 2ots determined? Also, we wouZd like to know by whom and when the values were determined. 2) What were the appraised values and final sale prices of the two Iots? In hzs letter� Mr. Holden also asked Mr. Pleme2 what the� buyer was toZd at the auction i.n regard to the lots being buildable or not. �� � .LU liVCll'l1JJ}Vl'1 i'tLli111YV LliVL19Uli11 1 Jf � 7( / r uF� J , ����.. �• .. � Mr. Holden asked Mr. Plemel to respond to the letter. ' � Mr. Plemel first explained that he had 'asked to be excused from the Appeals Board because he was employed by the Anoka County Auditor and that he had been working the morning of November 19, 197'], when the lots were auctioned off. Mr. Plemel explained that the lots in question were appraised by the County Commissioner for the district. He wasn't sure the exact methods that the County Commissioner used in determining the values of lots. He said that he kne�v the County Commissioner kept in mind the amount of money that was owed to the City of Fridley for the different snecials that had been put in through the years. He said that the amount of money is tried to be covered by the sale of the lot. Mr. Plemel said ihat I,ot 30, Block 12 (4687 Main Street NE) had been appraised at $500. He said that Mr. Hedlund had purchased the lot for $700. Mr. Holden asked when the values had been determined. Mr. Plemel said that it had been determined four to six weeks prior to the sale. Mr. Holden asked if Mr. Plemel knew what Mr. Hedlund � had been toia at the time of purchase. Mr. Plemel said that the advertisement that had been pubZished had the notation, «Check vaith the Municipality for local building ordinances and variances". He said that he had been kept busy at the time of the sale writing receipts and that he remembered Mr. Hedlund because he had purchased approximately 11 lots. He asked Mr. Hedlund, «are you aware that most of these lots are unbuildable?�' He said that Mr. Hedlund had responded yes to the question. Mr. Holden next referred to Exhibit F which was a memo from Mr. Bill Nee to the members of the Appeals Commission in which Mr. Nee cited his experience in City Service in regards to his feelings on 40-foot lots. Mr, Holden requested ihat Exhibit G be entered into the minutes. Ae said that it was a memo to Mr. Dick Sobiech, Public VYorks Director, from Mr. Jerrold Boardman, City Planner, regarding the development of 40-foot lots, dated November 22, t976. Mr. Holden read the memo to the Appeals Commission. Mr. Holden discussed Exhibits M& N. He said that it was a memorandum from Mr. Virgil Herrick, the City Attorneq, to the City Council, dated July 8� 1977, regarding Guidelines for the Disposition of Ta�c-Forfeited properties. He sai.d it was a discussion that came prior to the request of the City Council to have an ogen-county auction of some of the tax forfeit lots. He explained that in the memo several guidelines were suggested with the intent that the small� less than 5(?-foot lots be considered not buildable. �� � APPEALS COMMISSION MEETING - bECLT4BER 13, 1977 Page 10 Mr. Holden next referenced Exhibits J, K, & L which�were ;�,._., the minutes of the July 11, 19�7, City Council meeting which , "' �discussed the memo regarding proposed guidelines for sale of Tax Forfeited Properiies. He said that the essence of thezr discussions was that lots Zess than 50 feet should be considered unbuildable. Mr. Holden reviewed the fact that Mr. Aedlund was requesting a variance from ihe required side yard setback from 17-� feet to 11.25 feet; a variance from the required setback from adjacent properties from 10 feet to eight feet; a variance to build on a lot that was less than '7500 square feet; and a variance to allow the lower level of a split-entry style house to be 320 square feet. Mr. 33olden commented that it seemed that if there was any hardship in the casea it seems to be self-inflicted. He said that the intent� it appeared� was to raise the value of the property involved. Chairperson Schnabel indicated that a request had been received last year to build on a 40-foot lot and that it had been the recommendation of City Council that that particular developer purchase five additional feet�from the adjacent land owner to increase the size of the lot to a t�5 foot 1ot. She said that that petitioner never did go through with the additional five-foot purchase and so he never did apply for a building permit. She pointed out that at that point they had not had a house built on anything less than a 50-foot lot {under the existing Ordinance) in the City of Fridley. She said that before the time of the existing Ordinance there were houses built on less than 50 foot lots. Chairperson Schnabel said that December 8, 19?1, the City Planning Commission met to review y0 foot lots. She said that at that time there evas some discussion concerning the particular lots in question. Ms. Schnabel read from the minutes� N.Chairman Erickson said the question is if a petitionert when he purchased a 40-foot lot, could legally build on it, In 1956 he could not build on 40-foot lots� nor can he today (December 8� 1971), The question now is what should the Planning Commission do about these Iots. The Chairman said that wherever possib2e� the Commission should try to work out some guide lines or statement of policy. The study this evening would be confined to Plymouth Addition. After a lengthy discussion among the members of the Planning Commission, Mr. Qureshi summarized the Commission�s comments as follows:Lot 30� Block 12 (Lot East of Main Street) Should not be considered for construction because of the traffic and crossing street traffic visual problems.�� � � �? � APPEALS C�MMISSION ME�TING - DECIlNBER 1, 1977 Pa�e 11 �,�� --- Chairperson Schnabel indicated that it had been decided � by that Planning Commission in 1971 that the lot should not be considered as a buildable lot. She said that it had been consistently reviewed in that same manner - that it should be considered as an unbuildable lot. Chairperson Schnabel said that it had been reaffirmed by the City Council in August of 1977 tivhen the Council placed that particular lot up for public auction as tax-forfeit property� that it was an unbuildable lot� it was advertised as such� and the purchaser of the lot had been informed as such. Chairperson Schnabel indicated that the reason for the Appeal.s Commission was to allow any person in the City of Fridley to appear before them to ask for a variance. She said that that c�as the reason the Commission was in session December 13> >977, to make a determination if they should now consider the lot a buildable lot, and if so� then was the plan that Mr. Hedlund had presented for the construction of a particular house a good plan Yor the lot. Also, was the house consistent vaith the neighborhood, one that vrould not decrease the value of the adjacent property, and one that would not in any way hurt the public health, safety, or welfare. Mr. Barna asked Mr, Herrmann if the value of the adjacent properties �vould be effected by the development � of the 40-foot lot. Mr. Herrmann said that it would be very hard to say that the development of the y.0-foot lot would enhance or depreciate the values of the adjacent properties. Mr. Barna asked if two completely different looking structures side-by-side Mculd devalue the existing homes or increase the value because it was a new house. Mr. Herrmann said that since the house would be new, it would be an asset; hotivever, he said that since it was a different type than what the area was� it would be a negative. Nir. Barna asked Mr. Hermann that when he evaluated properites, (existing homes) how did he set the value of new homes in relation- ship to the older not-quite=new maintained homes in the same neigh- borhood? Would the new homes devaluate the older homes in the same area? Mr. Hermann said that if the new house was compatible with the area, then it would not devalue the older, compatible homes in the area. � �-,�. APPEALS COMMISSION MEETING - DECIIu1BER 13, 1977 Pa�e 12 Mr. Barna asked if Mr. Hedlund had 2ooked at other house plans. Mr. Hedlund said that he had looked at other houses, but he felt that the proposed house would be the best overall plan for the neighborhood. Mr. Hedlund disagreed with the statement that if a house did not conform to the neighborhood, it would stand out. He felt that something different would only enhance the neighborhood. He felt that to build a house exactly like all the others in the area �vould be a vaaste of money. He felt that the tuck-under garage type house would be the best house for that particular lot. W011ld other Chairperson Schnabel asked what size house Mr. Hedlund build, if he were to build a house si.milar to the houses in the area, Mr. Hedlund said that it would be built to code. He said that he wouZd prefer to construct the house as was proposed. He felt that it would really enhance the neighborhood and he didn't feel it would devalue any of the properties in the area. Chairperson Schnabel said that she wanted to know that distance of the house from the lot ].ine at 4675 Main Street because she tivas wondering if there was any additional land available to be purchased by Mr. Hedlund. Mr. Holden said that he could only gi�e Ms. Schanbel an approximate distance. Mr. Hedlund said that even though he was requesting many variances, he did feel that his proposed plans were the best for the neighborhood. Ae didn't feel it would deteriorate the neighborhood� Ae said that a good job would be done on the house. He said that he could make changes to his proposed house to make it more compatible to the neighborhood in regards to the exterior of the house. Mr. Hedlund said that many villages were now allowing people to build on 40 foot lots. He wanted to know why Fridley couldn't consider it, He said that due to the land costing lessy the houses could be built for less thereby allowing people to otivn a house without going into debt for the rest of their lives. He didn�t feel it was fair not to allow the construction of a house on a 40 foot lot, He said that if the adjacent neighbors really cared, they would be at the meeting expressiag their feelings� � yr d � � � .� `�� APPEALS COMMISSION ME'�TING - DECL'�iBER 1 3. 1977 Pa�e 1 3 Chairperson Schnabel asked Mr. Plemel if the adjacent property owner had attempted to purchase the lot. Mr. Plemel indicated that there was no vray of knoti��ing except that it was appraised at $6500 and something brougkt the price up to $700. Mr. Barna stated that he grew up in Chicago in a nine-flat apartment building and he said that just because they built wall-to-wall in some communities it was not a good reason why every community should. Ms. Gabel said that 95% of the residential property in Fridley was developed. She said that the existing codes did not permit building on y0 foot lots. 5he felt that they had some commitment to the people that bough� in Fridley earlier and bought with the idea in mind that they were going to have open spaces and that there vaould not be any crowding. She said that the request should not be looked at as one lot but as what they vrould be doing to the community as a tivhole. She felt that they had to be consistent in the community development. Chairperson Schnabel said that it had been.determined at some point in time that there should be no more than 25% lot coverage. She asked if the proposed structure fit tha� requiremeni. Ms� Gabel said that it did not exceed the 25/ lot coverage requirement. Chairperson Schnabel asked Mr. Hedlund when he planned to staxt construction. Mr. Hedlund indicated that it would probably be some time in the Spring. Chairperson Schnatael said that a lot of information had been presented that the Appeals Commission had not had time to read before the meeting. She said that she ti�rould like to have a chance to read all the information before she could vote on the issue. She suggested that the item be cont�nued to a future time. U �;''�� -,�,,,� �TnN MF.F.TTNR _ nPCRMRrR 1�_ 1077 D�QO 11� � MoTION by Mr. Barna, seconded by Ms. Gabel, that the t �,� Appeals Commission continue the request for variances of tkle- Y � Fridley City Code as follows: Section 205.�53, 1B, to reduce the lot area required for a lot recorded before December 29� �955, from 7500 square feet to 5064 square feet; and Section 205.054, 1�B, 5a� to reduce the required side yard width on a street side of a corner lot from 17.5 feet to ii.25 feet; and Section 205.053. 2B, to reduce the minimum lot width from 50 feet to 39.25 feet; and Section 205.053, 4B, to reduce the side yard adJ'oining living areas from the required 10 feet to 8 feet, all to allow the construction of a house and"attaclied garage to be located on Lot 30, Block 12, Plymouth Addition, the same being y687 Main Street N.E., Fridley� Minnesota� until January 24, 1978. Upon a voice vote, all voting aye, the motion carried unanimously at 9:18 P.M� 3. REQIIEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, iB� TO REDUCE THE LOT AREA REQUIRED FOR A LOT RECORDED BEFORE DECEMBER 29> >955 FROM 7500 SQUARE FEET TO 5218 SQIIARE FEET; and SECTION 205.o54, 4B, 5a, TO REDIICE TAE REQUIRED SIDE YARD WIDTH ON A STREET SIDE OF A CORNER.LOT FROM 17.5 FEET TO 12 FEET; and SECTION 205.053, 2B� TO REDUCE THE MINIMUM LOT t11IDTH FROM 50 FEET TO 40 FEET; and SECTION 205.051�� 4, TO REDUCE THE MINIMUM S9IIRE FOOTAGE � ON THE UPPER T�VO FLOORS OF A SPLIT ENTRY DESIGN HOUSE FROM 768 SQUARE FEET TO 3Z0 SQUARE FEET ON THE L01VE$ LEVEL; and SECTION 205.053, 1�B� TO REDUCE THE SIDE YARD ADJOINING LIVING AREA FROM THE REQUIRED 10 FEET TO 8 FEETf ALL TO ALLOI'V THE CONSTRUCTION OF A HOUSE �1ND ATTACHED GARAGE TO BE LOCATED ON LOT 15, BLOCK 2� PLYMOUTH ADDITION� THE SAME BEING 4800 3rd STREET N,E., FRIDLEY, MINNESOTA, (Request by Gordon Aedlund, 1255 Pike Lake Drive� New Brightan, MN 55112) MOTI�N by Ms. Gabel, seconded by Mr. Barna, to open the Public Hearing, Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing tivas opened at 9:20 P.M. � APPF�tLS COMMISSION MEETING — DECEMBER 13, 1977 Page 15 ADMTNISTRATIVE STAFF REPQRT , . �� 4800 3rd Sireet N.E. � A. PUBLTC PURPDSE SERVED BY REQUIREt4ENT: 1. Sect�on 205.053, 1B, Lot area requirement of 7500 square feet 2. Section 205.053, 28, Lot width of not less tfian 50 feet Public purpose served 6y these two sections is to avoid the condition of overcrowding of the residential neighborhood, to avoid excess burden on the existing water and sewer services, and avoid reduction of surrounding property values. 3. Section 205.053, 4B, 5a, Corner lot side yard setback of 17.5 feet for living area of structure Public purpose served is to maintain F�igfier degree of traffic visibility and reduce the line of si:ght encroachment into the neighbor's front yard. 4. Section 205.053, 4B, Side yard setback adjoining living area of 10 feet Public purpose served is to provide space between individual structures so as to guard against radiant heat which would spread a fire from one structure to anothe�, to provide sufficient access into the rear yard for emergency purposes, and to reduce the condition of overcrowding of the residential neigh6orhood. • 5. 5ection 205.054, 4, Minimum of 768 square feet of gross floor area in each of the upper two levets provided for a house af the split entry desiqn Public purpose served is to provide for adequate house size and living area in residentia] 6uildings. B. STATED HARDSNIP: Lot is unbuitdafile without tisted variances. C. ADMINIS7RATIVE S7AFF REVIE41: The petitioner, Mr. Hedlund, recently purchased the lot in question. He was told by the County officials at the public auction in Anoka, as well as the Fridley•City staff, that this lot was considered unbuilable. Mr. Hedlund was aisa inforr.+ed that to the tiest of our knowledge, the City-Council hasn't permitted anyone to develop 40 foot lots in Frid7ey since the adoption of the present Zoning Code (June, 1973). Due to the extent of materia} invo]vad, we refer the Commfssion to the exhibits found in the variance application. �J �� - OMMISSION ME�TING - DECEMBER 13 1977 pa�e 16 Mr. Hedlund showed the Appeals Commission the plans he had for the proposed house on the lot, He said that the plan vras basically the same as the previous plans. He said that the �ouse would be a couple feet bigger. He said that the en`tPance to the garage would be on Third Stieet and the etttrance to the home �vould be on !�$th Avenue. Gha3.rperson Schnabel asked if there would be a difference in the grading of the property on the lot in question. Mr. Hedlund indicated that the lot in question would not be a practical lot to have a walk-out basement. He said that possibly the person ivho purchased the house could go the extra expense and have a deck built onto the upper level. Chairperson Schnabel referred to the December 8, 197�, City Planning Commission meeting. She read the part of the minutes that read, +�..Mr. Qureshi summarized the Commission�s comment as follows: Lot 15, Block 2(I,ot on iNest aide of 3rd Street) - Consider allo�ving io build a small house 1� stories high with 5 foot side yard to the North� House to fit in with the neighboring structures.�� Mr. Holden asked Mr. Herrmann about Lot 15� Block 2 (1�800 - 3rd Street NE) regarding the value af the lot, if it was a buildable lot. Mr. Herrmann said that Lot 15, Block 2(4800-3rd Street NE) would be conservatively estimated at $6�000 if it were a buildable 1ot. Mr, Holden asked Mr. Plemel to respond to the questions indicated in Exhibit E. Mr. Plemel said that Lot 15,.Block 2(y.800-3rd Street NE) had been appraised at �775. He said that Mr. Hedlund purchased the lot £or $800. Mr. Holden pointed out that all the information given at the previous variance request pertained also to this request. Mr. Hedlund explained several features of the proposed planned house. He said that the +'dutch�� roof made the house appear less tall, He said that he planned to put in double garage doors instead of the one big one� thereby making the wall look shorter. � � Mr. Hedlund distributed to the members of the Appeals Commission a summary of one finding in St. Paul which included reference to a court case that dealt with the question that when granting a variance were they really impairing on an-adequate supply of light and air to adjacent property. Mr. Hedlund didn't think so. It dealt with the question if it would impair established property � values. He Hedlund said that he doubted very much that his proposed house would flo that. He felt that the information had been well thought out and asked the members to read it over. APPEALS COT�IISSION M�ETING - DECEMBER 13, 1977 Pa�e 1� s� v Mr. Stanley Thorson of 1�7'%5 - 3rd Street NE indicated � that he had a petition from people in the !�'700 block on 3rd street that indicated they did no.t want a house built on that lot. Mr. H.C, Marshall of l�780 - 3rd Street NE said that the house as planned ivould have its main entrance directly across the street from his bedroom window. He did not like the plan for the house. Mr. Thorson had some confusion regarding the selling price of the lot. He said that he had tried to purchase a loi that vras adjacent to his property and thai the biddis�g had gone way out of line. Ae vranted to know why that particular lot went for ottly 96800. Mr. Plemel indicated that the lot thai Mr. Thorson was referring to tivas Lot 30� Block 8. He said that that 1ot was appraised at $450 and vras sold for $3,500. Mr. Thorson did not like the idea that the lots vrere indicated as not buildable, and then someone comes along, gets a variance� and then can build on the lot. He also couldn�t figure out why the lot went for so much money if it was, indeed, an unbuildable lot. � Mr. Holden said that if that lot (Lot 30, Block 8) followed the trend o£ the lots south of it, then it could become a buildable lot. He said that if the street were vacated, half of the street tivould be dedicated to that lot� thereby making the lot a 70 foot buildable lot. MOTION by Ms. Gabel� seccnded by Mr. Barna, to receive a petition indicating that the undersigned people did not vrant a house built on Lot 15, Block 2. Upon a voice vote, all voting aye� the motion carried unanimously. Mr. Thorson cited several cases tivhere people in the neighborhood had asked for permission to do improvements on the homes and had been refused. He didn�t feel that it was right to refuse people tvho have lived in the area for a long time to do something and then have someone, not even from the area, come into the area and construct a house on a substandard �.0-foot lot. �ie said that the neighborhood wanted the petitioner to stay i�rithin the codes and not build on that lot. He said that originally vrhen the neighborhood had been planned? that lot was to be a play area for the chi].dren. He said that it didn�t matter any more since most of the children 1�rere already grown. He said that even though, ihe petitioner should not be able to go into the area and construct that house that had a garage door facing the front of the property. �� APPEALS COMMTSSIDN MEPTING - DECPMBrR 13y_1977 Pa,�e i$ � Chairperson Schnabel asked if a different house was put �n ihat lot that had the main entrance of the house facing 3rd Street and the �arage off of t�8th Avenue� if•it would be more appealing to Mr. Thorson. Mr. H.C. Marshall said that it wouZd be much more appealin� to him. Ae was not in favor, at all� of the main entrance of the house directly across from his bedroom window. He said that he would never want to have any house across from his that their front door would be on 48th Avenue. Mr. Hed7.und agreed to have plans dra��m up for a house for that lot that �vould fit more into the area. Chairperson Schnabel asked that the nsxt plans would have the main entrance of the house on 3rd Street with the entrance to the garage on 48th Avenue. Mr. John Marshall of 4755-3xd Street NE asked about the plan that Mr, Hedlnnd had for the house. He wanted to know if the house wou3d depreciate the surrounding properties. Chairperson Schnabe7. said that Mr. Herrmann had indicated that it �vas very difficuZt to really know. Mr. John Marsha7.1 asked if the possibilzty could be there to some extent. Mr. Barna said that it could go either �vay. Chairperson Schnabel said that the discussion had raised a question in her mind. She asked if the Appeals Commission were to permit construction on a�0-foot lot and a builder had a pzece of property that was 80 feet, could he come into City Hall and request a lot split. Mr. Holden said that he Nould have the right to request the lot spl.it. He thought that very ].ikely the request wou2d be denied. Mr. Barna gave an example of the possibility of another tornado going through the City of Fridley and completly destroying everything. He said that conceivably, once �0-foot lots had been opened up, the people vrould have every right to come back and develop each �.0-foot Zot. He.asked that Mr. Holden address that example to the City Attorney. Ms. Gabel asked that notices be sent out again indicating that there vrould be a continuence of the Public Hearing. Mr. Holden said that it could be done. � � �' APPEALS COMMISSION M��TING - ArCP�MBFR 13, 1977 Pa�e 19 , MOTION by Ms. Gabel� seconded by Mr. Barna, that the � Appeals Commission continue the request for variances of the Fridley City Code as follotivs: Section 205.o53.1B� to reduce the lot area required for a lot recorded before December 29> >955 fram �500 Square Feet to 5218 Squre Feet,; and Section 205.054, 4B� 5a, to reduce the required side yard vfidth on a street side of a corner lot from 17,5 feet to 12 feet,; and section 205.053, 2B, to reduce the minimum lot width from 50 feet to 40 feet; and Section 205.053, 4B� to reduce the side yard adjoining living area from the required 10 feet to 8 feet all to allow the construction of a house and attached garage to be located on Lot 15, Block 2� Plymouth Addition, the same being 4800-3rd Street NE� Fridley, MN. until January 24> >978� and that another set of public hearing notices_ is sent out at that time. Upon a voice vote, a11 voting aye� the motion carried unanimously at l0:ty P.M. � � Mr. Plemel "rejoined the Appeals Commission. !�. REQUEST FOR VARIANCES OF TfiE FRIDLEY CITY CODE� AS FOLL0IYS: SECTION 205.t53, 2� TO DEVIATE FROM THE AVERAGE FRONT YARD SETBACK OF 59.25 BY MORE THAN THE 6 FOOT ALL01`lED� TO 35 FEET� AND SECTION 205.05�.� �� B� (5�a) TO�REDUCE THE RE9UIRED SIDE YARD t"JIDTH ON THE STREET SIDE OF A CORNER LOT� FROM 1�.5 FEET TO 5 FEET� TO ALLON THE CONSTRUCTION OF A HOUSE AND GARAGE ON LOT 17� BLOCK 1� MURDIX PARK ADDITION� THE SAME BEING 501 CHERI LANE N.E,� FRIDLEY� MINNESOTA. (Request by Reed A. Beckler� 7585 Kingsvrood Lane, Mound, Minnesota 55364). MOTION by Ms. Gabel� seconded by Mr. Barna, to open the public hearing. Upon a voice ��ote, all voting aye, the motion carried unanimously. The Public Hearing vras opened at 10:20 P,M� Mr. Holden indicated that Mr. Beckler had requested that the item be tabled until December 27, 1977. He said that Mr. Beckler had indicated that he was unable to attend that night�s meeting. Mr. William Remarke of 510 Cheri Lane NE and Gary tiVestlund of 509 Cheri Lane NE �vere in the audience and wished their remarks to be put in the record of the minutes. r� � u� 'ON MEETING DFCEMB�R� 13. 1�7'% "��'�"" ��. ADMINTSTRATIVE STAFF REPORT 501 Cheri Lane N.E. � .. . . . Loru/ A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 2, requiring that in neighborhoods with setbacks greater than the minimum, the average of the setbacks for houses 100 feet on either side shall prevail, with a deviation of six (6) feet allowed. . Public parpose greatly impede sites. served is to ensure that any new structures do not the front yard line of sight for the existing house Section 205.053, 4,6, (5,a) corner lot side yard setback of 17.5 feet for living area of structure. Pu61ic purpose served by this section of the code is to maintain a higher degree of traffic visibility and reduce the line of sight encroachr�ent into the neighbors front yard. B. STATED FiARDSHIP: Tfiis is t�ie only way tfie lot is buildable due to north side mover�ent of road for free way. C. ADP�7INISTRATIVE STAFF REVIEI,1: Field measurements sfiow that tfie average front yard setback within 100 feet is 59.25 feet. Tliis would mean tfiat a minimum of 53.25 is tfie required front yard setback. The house, as shown on the survey, shows approximately 5 feet of side yard on the street side (or 22.5 feet to the old lot line before - the highway purchased a"pie shaned" piece}. The proposed side yard "will 6e actually about 45 feet from the curb on 7th Street. Nonetheless, fifiis variance could be eliminated by shifting the house close�r to the east pro�erty line. (see drawing). The location as proposed, doesn't appear to hamper vision on the corner for traffic. � � APPEALS COMMISSTON M�FTING - DECE3�IBER 13 L 1977 Pa�e 21 � i �r� � ,. _ _. c..1 Mr. Holden explained that what had happened was that the State had purchased a triangle of land (as shown on the survey) � that never was used. He said that technically the easterly edge of that triangle had to be used for the property lin�. He said that there was many different setbacks all along Cheri Lane because of the fact that at one time the houses had been fronted on Highway 100, .taut the adslesses had been legally changeci to Cheri Lane. He said that by using the a��srage of the setbacks on the tvro houses east of the said lot would be 59.Z5 feet� He said that in order for the proposed house to be put at that distance, it tirould have to be put a considerable distance to the North. He said that the proposed setback for the lot in question evas 35 feet. Mr. Plemel pointed out that at one time the now front yard was actually a rear yard. Mr. Holden said that all the addresses had legally been changed to Cheri Lane. Chairperson Schnabel asked if the house would actually be a constructed house. Mr. Holden said that it rrould not be a side-by-side mobile home such as had previously been�positioned on the lot. Mr. Holden said that the proposed l�uilding ��ould be a � pre-constructed type house. He sa:i.d that the house v�ould have to pass all the inspections that were required on any house constructed in the City of Fridley. Mr. Remarke said that he didn�t think he really wanted to look at a garage out of his picture window. Mr. 1Vestlund did not like the idea of a pre-fab house located in the neighborhood. Mr. Holden said that once the house was constructed, it �vould be very difficult for anyone to determine that it was� indeed, a pre-fab house. Mr. tYestlund said that it would be too out-of-line with the other houses in the area. Mr. Holden said that it Nould be closer to the street than the houses directly east of the lot; however, he said that the house would be similar to the setbacks of the houses across the street on Cheri Lane. Chairperson Schnabel said that it had been stated in the Staff Revietiv that the house could be shifted more to the East property line, thereby, eliminating the need for the five foot sido yard setback variance. -�-- �$ f�PP�ALS COP�(MISSION MEETING - DECI;NIBER 13, 1977 Pa�e 22 �� 1 Mr. 1Vestlund said that since he was the neighbor directly East of the iot� he would rather see the variance. � Mr, tiYestlund said that if a hardship had to be shown to get a variance and the stated hardship existed before the lot was purchased, how couZd that be considered a hardship. He said it was a self-inflicted hardship. The person did nbt have to purchase the land. Chairperson Schnabel said that his statement was true but that there was no answer to the question. Mr. Westlund said that he had thought of buying that lot for himself, but he couldin�t afford what was being asked for it. He said that tivhen Mr. Beckler purchased the land he should have considered what size and type of house would fit on the lot. Chairperson Schnabel pointed out that it would probably be possible to construct a house on that lot that would not be compatible Mith the area or would have such a limited market tkat in itself it could create a kardship. She said that it vras hard to determine the many variables involved with such a lot. She said what the Commission tried to do was to v�ork out vrith the petitioner the most accommodating thing for the benefit of the petitioner as well as the adjacent land owners because they did not want to infringe on � their rights as property owners. Chairperson Schnabe7. indicated that the chances tvere that there was a ten foot boulevard also involved vrith the lot. She said that the garage would be 45 feet from the curb, which she said r�ould be quite a distance away from Mr, Remarke's house, along tivith the street distance and Mr. Remarke�s own setback and boulevard. Mr. Westlund tivanted to knotiv v�hat constituted a hardship. Chairperson Schnabel said that when a person appeared before the Appeals Commission, the burden of proof is on the person making the appeal. She said that the burden of proof r�as not on the Appeals Commission. She said that the person making the appeal had to state some type of hardship tvhich the person feels is applicable and is the reason that they are making the appeal. She said that when the person goes in to City Hall to make an appeal, they have to fill out a£orm and they are requested on that form to state their hardship. She said that in the case in question that that person indicated that the hardship was that that was the only way the lot was buiZdab7.e due to the northside movement of road for free�vay. � --�^*� APP�ALS COMMISSION M�PTING - D�CEMBER 13, 1977 Pa�e 23 .- Mr, 4Vestlund asked if it was at all important that the petitioner knew about his stated hardship before he purchased the lot. He said that the stated hardship did not come after � the fact. Chairperson Schnabel said that it didn't matter. Mr. Plemel said that it was the petitioner�s comment, not the Appeals Commission�s comment, � � Chairperson Schnabel said that the Commission frequently asked the hardship so that they can have some rationale in order to make a decision. She explained that in the case at hand that the petitioner could probably put some house on that lot that would not require any variances. However, it may inflict another hardship on the petitioner that he would have to construct a house that vfould not sell Chairperson Schnabel indicated that the petitioner had to have some valid hardship in order to have the request approved. She said that the Appeals Commission did not grant blanket variances. Mr. Westlund said that he personally would prefer that the proposed house be constructed as close to 7th Street NE as possible. Hotivever, he said that most:of the other neighbors wanted to see the house more in line with the rest of the homes in the area. He said that there would be no question that the house tivould be a nice-looking structure, probably auch better than most of the other houses in the area. Mr. Holden indicated that the lot was platted in �947 as I,ot 17, Block 1, Chairperson Schnabel indicated that as wzs stated on Public Hearing Notice, the Appeals Commission does have the authority to take final action on the request� unless there are objections from surrounding neighbors, the City Staff' or the petitioner does not agree with the Commission's decision. If any of these events occur, the request vrill continue to the City Council through the Planning Commission vrith only a recommendation from the Appeals Commission. Mr. Holden said that IF Mr. 1Vestlund or Mr. Remarke had any objections to any of the variances and they cannot appear at ihe next meeting, that they write a letter to the City of Fridley e�cpressing their objections and that letter would go ott file as an objection to the variances. r� � ,� . APP�ALS COMMISSION MEETING - DECi�iBER 13, 1977 Pa�e 24 F�'1? Mr. lUestlund said that whether or not they come back -•to the meeting on December 27, 1977, v�oulc3 c3epend upon what the other neighbors feel about the information that they had � received that night. Mr. 1Nestlund also had negative feelings regarding that particular house in that area. He said that he didn�t think someone ivould vrant to buy that nice of a house in that neighborhood. He said that the house next door to the lot was worth barely $j0,000� there was commercial property across the street� and there were apartment buildings down the street. Mr. Holden said that the selling price of the house lvould be approximately $t�g,900. Mr. Plemel said that the petitioner was a speculator. He said that in Fridley there �*ras such a varied type of housing that there didn�t appear to be problems selling houses. MOTIoN by Ms. Gabel, seconded by Mr. Barna, that the Appeals Commission continue the request for variances of the FridTey Czty Code, as follows: Section 205.�53, 2, to deviate from the average front yard setback of 59.25 by more than the 6 foot allotved� to 35 feet; and Section 205.054, 4� B� (5�a) to reduce the required side yard ividth on the street side of a corner lot� from 1�,5 feet to 5 feet, to allotiv the construction of a house and garage on Lot 17, Block 1, Murdix Park Addition, the same being 501 Cheri Lane N.E., Fridley, MN until � December Z7, 1977. Upon a voice vote, all voting aye, the motion carried unanimously at 11:03 P.M. 5. OTH�R BUSINESS Chairperson Schnabel said that she had talked to Jerry Boardman regarding the Zoning Ordinance and in what direction he wanted the Commissions.to go� She said that Mr. Boardman had indicated that Staff would revieti�r the code and make recommendations and the Commissions would handle the recommendations. Chairperson Schnabel said that she also made the suggestion that a study be done by Ordinance number atid quantity of requests, etc. She said that Mr. Boardman had felt that it was a valid point but that he had not made any commitments. She said that it �vould probably be on the grounds of staff time available. Ms. Gabel complimented Chairperson Schnabel on the excellent manner in which she handled the 1�0-foot lot requests. Chairperson Schnabel said that she appreciated all the information that Mr. Holden had ready for the Commission members. They thanked him for all his hard work, . � -�. �. � U APPEALS COFU�(ISSION M�liTING - DPCL'MBER 13, 197? Pa�e 25 ADJOIIRNMLTIT MOTION by Mr. Barna� December t3, 1977� Appeal vote� all voting aye, the meeting was adjourned at 1 Respectfully submitted, sc�x��E� MaryLee Carhill Recording Secretary seconded by Ms. Gabel, to s Commission meeting. Upon motion carried unanimdusly. 1:08 P.M. adjourn the a voice The F.'� � k � �� FRIDLEY ENVIRONMENTAL COMMISSION MEETING DECEMBER 20, 1977 MEMSERS P&ESE21T: James Langenfeld, Sruce peterson, Lee Mn Sporre, David Sabistina Tffi�'BERS ABSENT: Connie Metcalf OTHERS PRESSNT: Ray Leek, Planning Aide CN.L TO ORDER: Chairperson Langenfeld called the meeting to order at 7;35 p.m. APPROVAi, OF NOVEMBER 22, 1977, FRIDLEY ENVIRONMENTAI, COMMISSION MINUTES: MOTION by Lee Ann Sporre, seconded by David Sabistina, to approve the November 22, 1977, Eridley Environmental'Commission minutes. Ms. Sporre stated she would like to add one impo:tant item to her report on page 8 of the minutes under "People, Jobs and the Environment Conierence". She wanted the following added to the minutes; She stated that she "would like to stress that there has been an increase in environmental hazards related to disease and death in this countxy and these diseases went beyond the reach of inedicine. Such diseases are sinusitis, emph}sema, heart disease, and cancer. One million cases were now being treated for cancer annually in the United States, 900,000 new cases were discovered annually, costing $2 billion per year for cancer for treatment, and $12 billion were lost to the United States economy related to cancer." The Commission concurred that these statements should be added to the minutes. Ms. Sporre stated she also had a question on the attached amendment to the minutes of the Park Plan, page 29, item 11. She did not know if they really wanted to say "wi11 be limited in the City's waterways". She said it might be more accurate to state; "will be limited as it affects the City`s water resources". She stated that Mr. Leek may want to reword that statement. Mr. T,eek agreed to do so. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION TO APPROVE THE MINUTES WITH THE ABOVE ADDITIONS CARRIED UNANiMOUSLY. S . . .�.`;' . FRIDLEY ENVIRONMENTAL COMMISSTON MEETING, DECEMBER 20, 1977 - PAGE 2 APPROVAL OF AGENDA: The following items were added under "Other gusiness": C. Enforcing the Noise Ordinance D. Tabling of East River Road Project Committee Report MOTION by Lee Ann Sporre, seconded by David Sabistina, to approve the agenda with the above two additions. Upon a voice vote, all voting aye, the motion carzied unanimously. DISCUSSION ON ENERGY COMMISSION: Mr. Langenfeld stated that the City Council was considering forming an ��gnergy Commission". He stated this'subject was brought up at Planning Commission; and at first, he felt the Environmental Quality Commission should be a part;of the Energy Commission, if not the responsible Commission itself, He stated he later changed his mind, and felt every tnember Commission tould be related to energy, but he did not feel there was a need for a separate commission. MOTION by Lee Ann Sporre to recommend that the Environmental Commission be involved in the energy policy planning for the City. �ruce Peterson seconded the motion £or discussion. Ms. Sporre stated she felt it was an area that should require sensitivity to environmental concerns. This commission should look at it as they had some expertise in that area. She was not prepared to say if a new coum�ission should be formed, but she £elt the Environmental C�ission should be involved in any new policies related to energy. �. Langenfeld stated that the Energy Commission, if formed, would be mainly involved with the saving of energy. Mr. Peterson stated he felt it was an important enough item to warrant a separate commission. The Environmental Commission could have input into it. He said he felt the forming of an Energy Commission merited thought and looking into: Energy was such a big thing now, and some new faces, new ideas, and possibly people with an even greater background in this field could probably give more insight into it. Mr. Langenfeld asked the Commission if they would want this new comnission, if formed, to be based on the same structure as the other cov�issions-- chairperson on the Planning Commission, etc? He really felt at this time that the Envizonmental C�ission could handle it and perhaps it would be advisable to indicate that such a commission should be formed when this Commission felt they could not handle it any more. �. _._ E�� FRIDLEY ENVIRONMENTAL COMMISSION MEETING DECEMBER 20, 1977 - PAGE 3 Ms. Sporre asked Mr. Leek if there had been any kind of staff reco�enda- tion for developing a new Energy Cou�ission. Mr. Leek stated that there had not been any staff recommendation so far. He stated he had been in aCtendance at a couple of City Council meetings when this subject had come up, and the impression he had gotten was that no formal staff recommendation had been issued to them.about the formation of an Energy Commission. However, he also. had gotten the impression that the CiCy Council was very definite about having the covmiission formed. At the last City Council meeting he had attended, there was discussion about a program the City may or may not get involved in� a PT.�DOT pata- transit demonstration program. There was a 1ot of discussion about using the Energy Commission, if formed, to develop that program and to operate and maintain it, insofar as it relaCed to attracting individual drivers away from their automobiles and putting them into an energy saving transportati°system. Mr, Langenfeld stated if such a commission was formed, he would like to see a member of the Environmental Coumiission be a member of the Energy �ommission. Mr. Peterson stated that he thought theg were going to find more and more things that a separate commission could do and thiags would be coming 'n in the future that an Energy Com.mission could work on that had not been thought of now. Mr. Leek stated that a good example was the question of the para-transit program. Staff had been thinking of it more in terms of assisting certain types of populations such as handicapped, elderly, and youth who could noC drive, and housewives who did not have a second car. Ia that objecCive, it referred to the future luring of drivers into a more energy efficient form of transportaCion, but they had not looked at the full ramifications. There was the process of setting up the system, getting individuals inCo the system, and continuing its operation. He had gotten the impression that City Council might like to have an Energy C�ission, if formed, be more active in such programs instituted in the City. Ms. Sporre stated that the League of Women VoteYS had received a grant for energy resource gersons to he educated thxough the Minnesota Energy Commission. She said they were taking applications now if any of the Commissioners were interested. It was possible that there would be enough expertise within the League to fulfill that labor force for the communiCy. She stated she had been the Resource Energy Chairperson for the League so she understood how complex it was. Her only cencern was what kind of obligations the SCaff had. She felt energy was a priority item and if it meant forming another commission to accomplish the work- load, then one should be formed. Mr. I,angenfeld stated that he thought the gnvironmental Co�ission should know more of what the City Council was looking for in such a commission--maybe a general statemenC of their goals and objectives-- so this Commission would know what an Energy Commission's main conceXns would be,other than the wozd, "energy". �. �� _ �,._ , FRIDLEY INVIRONMENLAL COMMISSION MEETING, DECEMBER 20, 1977_=_PAGE 4 Mr. Leek stated, if the Co�ission so desired, he would put together and mail to the Coum�issioners, a one-page summary of when the question of an $nergy Commission came up, the City Council`s intent for such a commission, staff reco�endation, i£ any, and what an Energy Commission was. pys. Sporre withdrew her motion recommending that the Environmental Commission be involved in the energy planning for the City, but stated she would tike it to be included in the minutes as a recommendation. MOTION by Bruce Peterson, seconded by Lee Ann Sporre, that a separate Energy Commission be formed depending on the budget, staff recommendations, other problems, etc., and that the Environmental Commission interact with this new commission in the same manner as they did at the present time with the other commissions. 1Tpon a voice vote, Peterson, Sporre, Sabistina, voting aye, Langenfeld voting may, the motion carried. DISCUSSION OF WORK PROGRAM FOR 1978: MY. Langenfeld stated that he felt it was advantageous for the C�mission to see this work program and that the Commission should indicate things they would definitely like brought to this co�ission. Ms. SPorre stated she felt the f.irst thing that should be brought to the Environmental Co�ission in January was the energy policy development (fornation of Energy Conenission), at least in its initial stages. The Commissioners concurred that the following items he referred to them: Zoning Code Review Critical Areas Plan Aloise Ordinance Land Use Plan Transportation Plan Review 5-Year Capital Improvemettt Program Downtown Improvement Study Mr. Langenfeld stated he would refer the Neighborhood Park Plan back to this Co�nission if he £elt there was a need to do so. He also indicated that if there were any other items on the schedule that he fe1C the Commission would like ta see, he would refer them down. Ms. Sporre asked Mr. Leetc about the Transportation Plan. Mr. Leek stated that if the chairperson did not mind, he would forego the next item on the'agenda, 'TINDOT Transportation Plan and its Impact on Fridley's Plan: Staff Report," and give that report at this time. p1r. Leek stated he had contacted a person who was working on the MNDOT plan. He had asked this person cahat stage the MNDOT t'lan was in, if there was input that the City of Fridley could provide, or if there was j. ..,_ �� FRIDLEY ENVIRONMENTAL COMMISSION MEETING DEC�MBER 20, 1977 - PAGE 5 anything that directly affected the City's Transportation Plan according to the City's time schedule. This person had indicated to Mr. Leek that the MNDOT Plan was now in phase two of the propos,al writing and would not be c�pleted until January; and also indicated that she did not believe there was anything that would affect the City of Fridley's Trans- portation plan in phase two. Phase three would be the final phase in their document preparation and Mr. Leek stated that she would be mailing him directly any materials generated on the basis of their work and would notify him of any further public hearings which would be held to get input. Mr. Leek stated that he had gotten the indication that the City should be able to live with its time schedule with the material that was being generated on the t�IDOT Plan. rir. Langenfeld stated that this Canmission would like everything on the Transportation Preliminary Plan as soon as it was generated. NII�IDOT TRANSPORTAT20N PLAN AND ITS IMPACT ON FRIDLEY'S PLAN: STAFF REPORT: This report was given by Mr. Leek under "Discussion of Work Program for 1978". CONTIN[JED: RECYCLING PROJECT COMMITTEE REPORT: COP7NIE METCALF: Mr. Langenfeld stated that, as the Cocimission knew, he had given Ms. Metcalf names of people who were interested in this commission as he felt they may be interested in recycling. Ms. Metcalf had contacted these people, had gottett a project co�ittee together, and then, for various reasons, the project co�ittee had dissolved. He stated that Ms. Metcalf had called him and asked if she could advertise in the paper for people interested in a recycling project committee. He had told Ms. Metcalf to use cuble TV and whatever means she felt were necessary. He asked that, in the absence of Ms. Metcalf and because at this time there was no project co�ittee, Chis iCem be carried over to the next meeting. MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to carry over the item on a Recycling Project Committee to the next meeting. Upon, a voice vote, all voting aye, the motion carried unanimously. REPORT BY LEE ANN SPORRE ON "WATER: OUR DELIC,ATE LIFE MEMBRANE"; Ms, Sporre stated that this was a very useful, inteYesting, and enlightening conference and she had wished everyone on the Commission and Mr. Leek could have attended. She stated there was a tremendous need for more available research. There was a need to know about the availability of water resources, how much water there was, at what rate could we afford to use it; and how fast could it be recharged? All that entered into how could we make efficient land planning decisions? People were making decisions without benefit of that information. Even judges did not have the scientific background to make these decisions. She stated this was the overall feeling of the conference. E✓�J ..,._ . . t FRIDLEY ENVIRONMENTAL COMMISSION MEETING DECEMBER 20, 1977 - PAGE 6 Ms. Sporre stated that the water resource question was one that was so broad that it was beyond most local forms of government to deal with it. She said they talked a Lot about other cultures in the world that had as a goal in their societies the responsibility to collaborate, operate, and solve for each other and their needs, the "waterhole". It was kind of perverse to our society, but profit motive did not lead to that kind of social goa1. She stated that one of the most interesting things talked about was when anthropologists explained how our attitudes about water had developed and there was a discussion on water rights. She stated another thing that was interesting was what China thought of water. She was impressed with the simplicity of water management in China. They had slogans that were passed down as policy by top management. Ms. Sporre stated that what she thought would be ineeresting would be to ask very specific questions of Metropolitan Council; What was the available water resources to the Twin Cities today; what was the rate of consumption ot those resources; what rate were they being recharged following the proposed development framework policy plan; and what would be the water resources of the Tt�in Cities in. 20, 50, and 100 years? The resounding fact that came out of the planning all over the world as discussed at this seminar was that people were making decisions that were not leading to a Eteady state economy. They were not looking for the duration of their decisions. Biodegradable--how fast would these things break docan--would they break down? One interesring point was that 26% of resources were not biodegradable. A lot of things being put into the waters were accumulating in our bodies. They explained that the cancer-related diseases coiild be scientifically established as environmentally-related diseases. Mr. Leek stated that, in su¢�mary, a couple of things the City was going to be involved in that related to water quality in all of its impacts and consequences were the Land Use plan and Critical Areas Plan. And, if no one else, the Environmental Commission should be aware of these kinds of concerns when they looked at the City's planning, be critical in that regard, and let the Staff be u�ore informed to a greater extent about these kinds of considerations, perhaps being more demanding of Metro-Council for base information. Since Metro-Council was requiring those kinds of planning activities, they helped build that source of information which could make the City's planning more sensitive. Ms. Sporre stated that Metro-Council was making major policy decisions and Metro-Council should be providing the available data on water resources. She stated that maybe this Commission could be a part of forcing those answers from Metro-Council. Mr. Leek stated that this Commission might want to consider writing an official letter to the chairperson of Metropolitan Council indicating the need for that kind of information in our own city's and other metropolitan areas' planning ac[ivities. Mr, I,angenfe].d thanked Ms. Sporre for a very interesting report. � �. ��� FRIDLEY ENVIRONMENTAL COMMISSION MEETING, DECEMBER 20, 1977 - PAGE 7 OTEiER BUSINESS: A, Receive Copies of "Goals & Objectives"; MOTION by Bruce Peterson, seconded by David Sabistina, Co receive the copies of the "Goals & Objectives". MY. Leek stated that included in the back of the Goals & Objectives were some illustrative objective performance criteria that was discussed at the City Council level. IC was the kind of criteria writing Chat they would be involved in as a further development of the goals and objectives. UpON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIE D UNANIMOUSLY. B. Environmental Coum�ission Budget for 1978: Mr. Langenfeld stated that the Environmental Co�ission was we11 in excess of their budget for this year. rys. Sporre stated that since it was the Environmental C�ission that usually ended up representing Fridley at seminars, it was not fair to take the budget line. Mr. leek stated that the problem of going over budgat was one the Planning Commission had also because they also attended a 1ot of informational meetings and seminars throughout the year. They also found they 3id not allow enough money for the resources and materials they needed to carry out their normal activities. Nevertheless, he said he felt it was some- thing the Environmental Commission should be cognizant of, and he had hoped to have copies of the budget line at the meeting. He said these were not available yet; but he would still like the Commissioners to have it for reference purposes throughout the year in terms of expenditures. Ms. Sporre stated that she thought this discussion had shown that there was a lack of funds provided for Staff to be involved in these important resource seminars, and it was not in the best interest of Fridley. These were important people making important decisions for the people in Fridley and they were not getting the benefit of this input and they should be included. She said the Planning Cou�ission should also have been at the water seminar. C, Enforcing the Noise Ordinance; Mr. Leek stated that Mr. Boardman and Mr, 01son had been going over the Noise Ordinance. From them and from other sources, they had been getting feedback as to some problems. One problem was enforcement which was not defined in the ordinance. He stated that at this time, he and Mr. Olson were working together to define enforcement and also looking at a couple of other problems. He expected another draft to be coming €rom Planning �ommission for review and it would probably be on the Environmental Commission's agenda for the next meeting. i' C`� e� FRIDLEY ENVIRONMENTAL COP'R�IISSION MEETING, DECF.MBER 20, _1977 - PAGE 8 D. Tabling of East River Road; Mr. Langenfeld recommended that this be continued as a tabled item. Ms. Sporre stated Chat she had seen in the City Council minutes that a 7-11 Store had been approved on East River Road at 79th and East River Road. She asked Mr. Langenfeld if he knew about this. If it was approved, what impact would it have on_the traffic on East River Road? Mr. Langenfeld stated that there were a large number of citizens at the Planning Commission meeting when the 7-11 Store first came into existence. These citizens had a list of items they wanted to see done if something was to go in at that location. He stated that at the last planning Commission meetittg on this item, he had made certain that those same items be incor- porated far planning: Ms. Sporre stated that the attorney for the Meadow Run �partments, Mr. Frank Fudali, had made a statement on record that they were in opposi- tion to a store on East River Road and Mr. Fudali stated the r easons why it was not compatible with the zoning. She stated that the City Council approved a building permit on November 21, 1977, based on the fact that zouing and variances be approved. She stated she was concerned because there should be a stoplight at that intersection, and there was no action or encouragement that action was going to be taken on a stoplight. Mr. I,angenfeld stated he was almost certain that the Planning Commission had passed this item oii the basis of the stipulations listed by the citizens, and he was sure that a stoplight was one of the stipulations, Ms. Sporre stated she was afraid the store would bA built and there would be no traffic control. She stated she would like to know the status of the 7-11 Store and would like to have this information by the next meeting. She suggested that Mr. Leek obtain a copy of Mr. Fvdali's letter. MOTION by Bruce Peterson, seconded by Lee Ann Sporre, to recommend that Staff prepare a report for the next meeting on the status and background information of the 7-11 Store at 79th and East River Road. Mr. Langenfeld stated he would also bring the Planning Commission minutes in which this item was passed. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. ADJOURNML�NT: MOTION by Bruce Peterson, seconded by David Sabistina, to adjoum the 'meeting at 9:30 p.m. Upoa a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, �r i �'IC� �_l'.�.-_��-t'�-- Lydne Saba, Recording Secretary � �� CITY OF FRIDL�Y APPEALS COMMISSIQN MPrTING - DFC��B�R 27, 1977 + pQ� CALL TO ORDER: Chairperson Schnabel called the December 27, 1977, Appeals Commission meeting to order at 7;37 p,M,� ROLL CALL• Members Present: Members Absent: Others Present: Plemel, Kemper, 5chnabel, Barna Gabel Ron Holden, Building Inspector APPROVE APPEALS COI�IMISSIQN MIPIUTES: DECEMBER 13, 1977 MOTION by P4r. Barna, seconded by Mr, Plemel, to approve the Appeals Commission minutes of December 13, �977. Upon a voice vote, all voting aye, the motion carried unanimously. The minutes were approved at 7:38 P,M, 1. The Public Hearing had been opened at 10:20 P,M „ December 13� 1977. It had been continued due to the fact that Mr, Beckler had not been able to attend the December 13th meeting, Mr. William Remarke of 510 Cheri Lane NE and Gary Westlund of 509 Cheri Lane NE had been present at the December 13, 1977, meeting and had wished to have their comments put in the record of the minutes. Mr. Reed A. Beckler was present at the December 27� 197']� Appeals Commission meeting, Chairperson Schnabel explained to Mr, Beckler what had transpired at the previous Appeals Comnission meetin�, She indicated to him the comments that Mr. Remarke and Mr. Westlund had made regardittg his proposed house. ,ry�APPEALS COMMISSZON MEETING - DPCI�IBPR 27, 1977 Pa�e 2 c � Mr. Beckler indicated that he would move the house wherever the neighbors wanted.him to. He said that he wanted the house positioned on the lot so that it wouldn't bother any of the � neighbors. He said he was open to any suggestions, Chairperson Schnabel said that Mr. Westlund had preferred to keep the house as far to the west of the property as possible. She said that he had indicated that most of.the neighbors had wanted to see the house more in line with the rest of the homes in the area. Mr. Plemel indicated that Mr. Remarke had shown concern about the fact the front of his house would face Mr. Beckler's proposed garage door. He said that at the previous meeting it had been explained to Mr. Remarke that the proposed house v�ould actually be a considerable distance fron Mr. Remarke's house. Chairperson Schnabel asked Mr� Beckler if it �ould be worth�^�hile for him to build that particular house, on that lot, for the proposed selling price. Mr. Beckler explained that he would have to ask in the area of $�7,000 for that particular house. Chairperson Schnabel indicated that Mr. Vdestlund had negative feelings regarding that particular house in that area, She said that he didn�t think anyone would vaant to buy that nice � of a house in that neighborhood, She said that he had quoted the price of the house next to the lot as barely �30,000. She said that he had pointed out that there �las commercial property across the street and that there �vere apartment buildings in the area. Mr. Beckler said thai he felt that the selling prices of the houses in the area ivas probably more than Mr, lVestlund had indicated. He said that he vrasn't positive that a house selling for $47�000 would be a quick mover but he felt that the fact that it was a close-in Iot and a lot located in Fridley were very good selling points for the proposed house. Mr. Beckler said that the buyers of the proposed house would have a good sized front yard because of the triangular piece of land that the State owned� He said that the people t�ouldn't actually ovrn the land, but it would be there's to use much like boulevard land. He figured that the buyers vrould desire a bigger rear yard due to the traffic flocr in the area. Mr. Holden indicated that the proposed house did appear good for the area in the fact that the house had a unique design. He said that the houses in the area basically had detached garages and that Mr. Beckler�s plans did tend to reinforce that idea rather than detract from it. � ..�,. . APPFALS COMMISSION M�ETING - DECT�IBER 27, 1977 Page 3 Mr. Beckler said that he had felt that the particular house he had proposed fit best on the lot and into the area. However, • he said he was open to any suggestions. Mr. Kemper asked if Mr. Beckler had considered a tuck-under- gara�e style house. Mr. Beckler said that he could consider any style of house the Commission avanted to �uggest. Mr. Beckler shoived pictures to the Commission of the mobile home that had been located on that lot previously. He said that the proposed house vrould be a modular-type house. He indicated that it �vould be similar in the appearance to the pictures he had shovm, he said that the difference vrould be that it would be constructed differently. He said it would have the same floor plan except that there would be a stairvrell goin� dotivn to the basement. Chairperson Schnabel asked what the dimensions would be of the proposed house. Mr, Beckler said that it would be 26feet wide and 48 feet long. He said that the garage would be approximately 22 feet by 22 feet. , Mr. Beckler indicated that he hoped the selling price of • the house tvould be about �64'7,000. He said that the price would include carpet� appliances� light fixtures� a double garage� and possibly a cor.crete patio in the rear of the house. He said that it would have a full basement. Mr. Kemper said that there had been a discussion at the previous meeting regarding Mr. Beckler�s stated hardship. He said that Mr. PJestlund had stated that the hardship had existed before the lot was purchased, Mr. 4Jestlund had said that it v�as a self-inflicted hardship and that Mr, Beckler had not had to purchase that particular lot. Mr. Kemper asked Mr. Beckler to again state his hardship. (In the Administrative Staff Report, the Stated Hardship had been; "This is the only way the lot is buildable due to north side movement of road for free tivay��,) Mr. Beckler said that he felt that the lot would be buildable vrithout any variances. He said that he could builci z smaller house on that lot. Ae said that he vrouldn't be "stuck" with a lot that, without variances, he couldn't do anything tivith. He felt that a house of the proposed size and style i�rould be best for the particular.lot in question and tivould fit nicely into the area. � w� �� � v. } � u ,Mr. Kemper said that he had not been able to attend the preVious meeting. He asked the Chairperson to summarize vrhat � the feelin�s of the neighbors had been regarding the subject. Chairperson Schnabel said that they had shovrn the neighbors the different ways the proposed house could have been positioned on the lot and had pointed out that the house could possibly be built with no variances. She said that the neighbors felt that the position of the house was okay with them, She said that it had been explained to the neighbors that normally the Appeals Commission vrould have final decision on the request, unless there were objections from the neighbors, She said that the neighbors had been told that if they felt very strongly against the idea and still objected that they should attend the December 27th meeting, and if they couldn't, they had been encouraged to write a letter expressing their objections and/or concerns and that it would be made part of the records. Chairperson Schnabel indicated that the neighbors hadn�t attended the meeting and that there svere no letters from any neighbors in the file. Chairperson Schnabel said that, based upon the fact that they had encouraged them to be sure to make their feelings knovm� perhaps the nei�hbors had b�en satisfied with the plans of Mr. Beckler. Mr. Beckler explained that he had been given approval by the � City to position a mobile home on that lot on a temporary basis. He said that he felt that the neighbors had been upset because they hadn't been notified. He said that he had indicated that he tvould landscape the lot� but that it had taken more time than he had planned to get the landscaping done� He said that he had informed the neignbors that the mobile home would be off the lot by "November t� 1977"� He said that that had probably been the main reason that the neighbors had appeared at the previous meeting. He said that very possibly the neighbors tivanted to make sure exactly what ti^ras being proposed for that lot. Mr. Plemel quoted that "Mr. l'Jestlund said that Vfhether or not they come back to the meeting on December 2�, 1977, �a�ould depend upon iJhat the other neighbors feel about the information that they had received thzt night." Mr, Plemel szid that perhaps they didn't have any objections, since no one had appeared at the December 27th meeting. � '�e" , ,. . _ . . . .. k y.. . M! APP�ALS COMMI.riSION M�]:TING - bECl'�SBER 27, 1977 Pat�e 5 �`"` r � t Mr. Beckler asked that if the Appeals Commission approved his requests, if within a 30-day period of time, he re-surveyed "'°� � the area, and decided that he should go with a different style house or a smaller house, could he do that vaithout going through al]. the Commissions again. � � Chairperson Schnabel said that he could change the plans as long as he stayed t�ithin the variance boundaries, She said that he couldn�t increase any of the requests. She said that what they okayed would be the maximum they could vary. Mr. Kemper pointed out that Mr. Beckler would have to maintain the "requirement" floor space. Chairperson Schnabel said that the only problem that could result r�as the problem of noving it closer to the East property line because tha.t person had requested that the house not be moved closer to his house. Mr. Beckler said that he vaould not move the house closer to the East because he preferred to maintain a larger rear yard and �vould only change the plans to enable the increasing of the rear yard. . Chairperson Schnabel said that the buyers of the proposed house vrould kave to be informed that the pie-shaped piece of land �vould not belong to them. Mr. Beckler indicated that the person buying the house would be informed that the piece of property belonged to the State and that it would be their yard to maintain, but not to own. Mr. Holden said that that piece of land vrould be handled basically the same as boulevard property - their yard to maintain but never to own. MOTION by Mr. Kemper, seconded by Mr. Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously, The Public Hearing �•ras closed at 8:17 P,M. Mr. Beckler pointed out that tivhat he had shown and requested of the Appeals Commission �aould be the maximum size house he would build. Mr. Kemper said that he �vanted the item to be heard/revie��aed by the City Council due to the fact that there had been objections and concerns expressed by the neighbors. IIe said that those neighbors had not had the opportunity to express their objections directly to the petitioner nor had they had the opportunity to hear everything the petitioner had to say or see the pictures that the petitioner had. He felt that by going through the City Council, everyone r•rould have another chance to express all their concerns. ,�..» w CJ t APPEALS COMMISSION MEETING - DECLT4BER 27, 1977 Pat�e 6 � MRTION by Mr. Kemper� seconded by Mr. Barna, that the Appeal.s Commission recommend approval to the City Council of the Request for Variances of the Fridley City Code as follows: 5ection 205.�53,�� to deviate from th.e average front yard setback of 59.25 feet by more than the six feet allowed, to 35 feet; and Section 205.�54, 4, n, �5,a) to reduce the required side yard lvidth on the street side of a corner lot� from 17.5 feet to five feet, to allou the construction of a house and garage, on Lot 17� Block 1� Murdix Park Addition, the same being 501 Cheri Lane N,E., rridley, P4innesota, Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Schnabel indicated that the Appeals Commission had recommended approval of Mr. Beckler�s trro variances, but that they vrere asking the requests to �o through the Planning Commission and onto City Council because there had been neighbors that had expressed concerns. She pointed out that Mr. Beckler ��ould be expected to appear at the City Council meeting. She said that this ti�rould give the neighbors an additional opportunity to express their opinions if they had any. 2. �y�.,..,, � .,. ... ..u�U„ti E., F'ridley, Minnesota ., #65 Mr, Dick Johnson vras present at the meeting representing D. 4Y. Harstad Company� Inc. MOTION by Mr. Plemel, seconded by Mr. Kemper, to open the Public Hearing. Upon a voice vote, a11 voting aye, the motion carried unanimously. The Public Hearing was opened at 8:28 P,M. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERUED BY R�QUIREMENT: Section 205.�35, 1� E33 prohibiting parking any closer to a lot line than 5 feet, Public purpose served by requiremeni is to provide for protection of adjacent property ovmers from vehicle encroachment to allov� for a landscaping strip betvreen properties. _ ,. � � � APPFALS COMMISSION M�ETING - DECT�7BER 27, 1977 PaFe 7 B. STAT�D HARDSHIP: Parking as proposed will be inacce�sible erithout a variancs. C, AIk4INISTRATIVP STAFP REVIEPJ: �.�. _ r� This request is for parking at a zero lot line off an alley to the rear. The building v�ill be similar in size end use to the other buildings in the area. Please note that Hickory Street has been re-opened as a street, even though sho�vn as a vacated alley on the Half Section Map. Mr. Johnson indicated that the proposed building i+rould be . '%3 feet by 120 feet. He said that they had purchased the land and had plans to develop it into a"strip" in the area. He pointed out that the way the existing lots vfere layed out that there v.�asn't nuch land to meet all the setback requirements, He indicated that i�zhat he rras requesting was basically the '- same as other developments in the area had done. He said that by eliminating the setback requirement frorri the alley to the parking stalls, they vrould be able to maintain the area required between the parking stalls and the building. Chairperson Schnabel asked hovr long and how large parking stalls �vould be furnished. • � Mr. Johnson said that they ��rould have the required size parking sta11; 20 feet long plus the five foot setback from the building, � Mr. Holden said that the stall tirould enable any normal sized car to park in the provided area. Mr. Plemel asked if a variance vrould be required on the 19th side of the building. Mr. Johnson said that it vrasn't necessary if they oi�m ed the property or had a letter approving the zero setback, Mr. Johnson pointed out that D. 1'J. Harstad Company oirned the entire block in question. He pointed out that they planned to build a total of four buildings on that block. He said that they tivould probably build one building per year until they are a1Z completed. Mr. Johnson pointed out to the Commission i��here the other buildings ivere being proposed. FIe explained some of the problems that rrould have to be solved before construction could be built on one of the other buildings. . ,�,-, , :, �� APPEALS COMhIISSION MFFTING - DFCT3�1B}'R 27 1977 PaPe 8 �Mr. Holden pointed out that the proposed plan of parking was preferable from the Planning point of viev� for the area. � Mr. Kemper asked if they had any plans of occupancy as yet. Mr. Johnson said that there vras a slight possibility of a �velding shop going into the proposed building. Mr. Plemel asked if there tivould be a chance of the building being divided for more than one tenant. Mr. Johnson said that there rrould be a maximum of two tenants in the building. Mr. Holden showed the 4ppeals Commission a layout of the area. Mr. Johnson explained to the Commission the different � locations of some of the features they would have in the proposed building. He indicated ���here and ho�v the building tivould be split should they have two separate tenants in the proposed building. Mr. Johnson explained to the Commission rvhere the additional buildings �xrould be located and vahat the approximate size of each of the buildings would be once completed. Mr. Johnson indicated that he ti�ras only informing the � Commission about the other buildings so they could have more of an idea of exactly what was being planned for that area. MOTION by Mr. Barna, seconded by Mr. Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing ivas closed at 8:48 P.M. Mr. Plemel felt that it was a good plan for the area. _ Mr. Kemper said that it 11ad been a��ell-thought-out plan. Mr. Barna had no objections. � � MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend approval of the request for variance ,� of the Fridley City Code, Section 205.�35, E3� to allow off-street parking to be rrithin 0 feet of the lot line instead of setback the required five feet� to alloi�r the construction of a speculative building on Lots 16� 17� 18 and tg, Block 3, Onavray Addition� the same being 7891 Hickory Street N.E., Fridley, Minnesota. Upon a voice vote, all voting aye� the motion carried unanimously. � �. 3. CONTINUED UNTIL J_ANU�RY 24• 1978: VARIANCES FOR 4687 �1A STR�ET N.E.� BY GORDO� HEDLUND� 1255 PIK� LARE DRIVE� NE;'J BRIGHTON� MN 55112. 1�. COPITINUED UNTIL JANUARY 24� 1978: VARIANCES FOR ,n. I�DLUND� 1255 PIKE LAKE DRIVE� NE'dI BRIGHTON� MN 55112. Chairperson Schnabel indicated that the Appeals Commission meeting scheduled for J?nuary 1�� 1978� vrould be changed to January 24, 1978. ADJOURNMENT MOTION by Mr. Barna, seconded by Mr. Kemper, to adjourn the December 27, 1977, Appeals Commission meeting. Upon a voice vote, all voting aye, the motion carried unanimously. The meeting was adjourned at 8:52 P.M. Respectfully submitted, �Ct�(1 �ei � MaryLee Carhill Recording Secretary '�''.-r / / ♦ q p �"-. CITY OF FRIDL�Y � PLANNING CON4LISSION MEETIAG, JANUARY 10, 1979 Ms. Sehnabel suggeated that because Chairman Herris �s absent, aud Vice Chairman Iaagenfeld vas due to arrive lata� they appoiat a temporerq acting chairrmn until Vieo Chairmaa Lsngsnfeld arrived� and she made the Pollowing motiat: I�TION by 1�. Schnabel, aece�ed by Mr. Storla, to appoiat Mr. Feterson as temporary aet aon ekiairmsa until Viee Chaix�mn Langenfeld arrived, UPOft A VOICE VOTE� ALL VOTTNG AYE� THE MOTION WAS CARRILD UNANIMOUSLY. CALL TO QRDE'R: Acting Chairman Peterson called the Jemiary 10� 1979s �eting oP the Planning Co�ission to or3er at 7:35 P•M• ROLL CALL• Membere Preaent; Ned Storla, LeRay Oqviat� VirginSa 3chaabel, Robert Peterson Members Abseat: Richerd Harris, Jim LangenYeld (Mr. Leagenfeld arrived at 8:20 P.M,) Athers Present: Jerry Eoardman, City Planner � :y �•;w � �� _ ..e:::, l. APPROVE AGEPmA Fadi PLAiiPiIPtG C019'fIS5I0N 2+�$TTNG: � JANUARY 10� 1979� °� !X)TION by Me. 3ehnabel, seconded by Mr. Oquiat to a8opt the agenda as presented. '` Mr. Storla etated that Itam No. 9 on thc agencia, the Mamora�um of Agresnent, had b�en tablad and should not appaar on the agenda until it is rsmoved Yrara the table. UPON A VOICE VOTE� ALL VOTING AYE� ACTING CIiAIRMAN PE2�R30N DECLARED THE AGENDA ADOPTED wiTx �� coxxEC�rxoN. 2. APPROVE THE PLANMING COA4+LTSSION MIN[PPES: DECEMBER 6, 1978: MCIPION by Mr. Oquist, seQOnded by Me. Schnabel to approve the Decomber 6, 1978 Planning rac�ission Miautea. Ms. 3ehnabel atated that on psge 6� fourth psragraph, secoed sentQnca� there should be a correction. Tkiat aentenee should read: as recoam�nded by Appeals, inatead of as r�cae�eude8 by P1�. UPON A VOICE VOTE� ALL V(YI'ING AYE, ACTING CHAIRMAN PETERSON DECLARED TiIE MINVI'ES APPROVED WITII Tf� CORRECTIOPI. 3 Plat 4, �nd North of I. � Fridley. A. FARR DEVELOPl�N`i' CORPORATiON: Being a replat ar vutto� n� excspt that port a rea y p a toci as Innsbruck North Townhouse �s of Innsbruck North Second and Third Add2tiotta, general3,y located betwesn Meiatsr Road and the CoryorAtt Limite of ths City of . s. _� PLANNING C�SSION I�E"PING, JANUARY 10, 19T9 - PAGE 2 MUTION by Mr. Oquiet, seconded by Mr. Storla� to open tha public hearing. UPON A VOICE VOTE� ALL VOTING AYE� ACTII+� CHAIFtMAN PETF:RSON DECLARED Ti� PUBLIC AEARING OPEN AT 7:45 P.M. Mr, Banrdman noted that the Fublic Hsaring vas openad tor two itema� the plat� and the townhouse�. Mr. Boarflmsn atated thst page 18 of the agenda book shoR*s Outlot H. Thie ia the 5th s� finsl plat in the City of Fridley for the Innabruck Tovnhouse area. It is 1o¢eted in the southeast section of the Darrel Farr plat area and is ths last eectfon of the Innsbruck aren to be platted. l�r. Boazdman shrnred the Coa�nisafoners the plans ot hrnr the area would be platted out. Mr. Bonrdmsn atsted that the initial design xae for an eight unit atructure, but had been eLanged to a eix unit strueture� and alao ahanged it into a townhouse� xhere btYore they vtre conaldering a condomini�. They had diseuaeed thie with the Townhouae Aasociation, and this vae what the Aesociation wanted� so they decided to do it thia wRy. Afr. Boardmen stated he had gone over this vrith Bob Aldrich and there would be an emergeney eroea-over road for e�rgency vshiclea. The tsnnis courte would be aaroea Yrom the Recreation Center, vhich is what the people want. Mr. Peterson stated there had been a lot of caanment r�Qarding tennis courts in this aran. The Dsrrel A. Farr Corporation had escrrnr.d monay �+ith the City for tenni� courte� and aeked if those wer� the courts. Mr. Bosr3msn etatsd that money wes not for theee tennis eourts� but for tvo sdditional courts to be located somewhere by the City. Mr. Pttareon stated the problem vas that with the building the Farr Corporatioa had done in this area� they rrere gstting a lot of pressuro for additional tennis courts, and rrith the amount oY building in the area� there was no land-avaiiabl2..to build the courta on. Mr. Petereon statad he had diPficulty with putti�g tannis courts in thsre iP they would only b. for the trn+ahouse people, beesuse there ere a lot of other people in the arsa who have pur¢hasad lsnd Prom ths Farr Corporation that do not have tennis eourts and wsre putting preseure on the City. Mr. Boardman atated there wae e possibility oY placing the tennis courta on the Grsce. High Sehool property. Mr. Petsrson ststad that frwt the vievpoint of the Porke and Recreation Co�iseion they vouldn't get that. I�Ir. Poterson stated Mr. Farr had put a lot of houaes up there and it vras eaey to give money� but what thoy needed wea property. Mr. BoerBman nated thst they had at least gotten th� monoy� and regardless of vhieh dewlopmsnt it rras� they would still have a probiem� becauae they didn't get property. Mr. Boex��an stoted that there would ba a lot of area-T+ithin ths co�plex itsslf that vould be outeide the construct3on limite that would b. left natural. Thay would try to l�eve thie area ae wooded se poasible and as natural as poesible. Al1 of the units would be put in as separate, clesr-cut uaits so they wouldn't be going through and cuttiag a whols alico out as th.y did in the Villages. They felt tbat was a mistake and thie tiae would elear out only enough area to build each individual unit� Whieh vrould b� more eupensive but voul.d bs better for selling the uaits later on. Mr. Boardman atatsci thera xould be no varianc�a nesdsd and StaYf had no problem with the way bhese unite srere lqyed out. Mr. Boardmau ahowed the Camiesioners the plana of the units which �xplained tho design of tho units� which eould have segarate blocks and lote. YLANNII6G COI�lISSION h1EE7P2NG, JANUARY 10, 1979 PAGE 3 Mr. Boardmsn stated there would be more than adequate parking atct].].s. When thsy vr�at in vith eight units per building they were required tc have 14 perking �ts11s per building and thty Msd slloved 16 parking stalle per building. They then went to 6 units per building� but did not change the parking pl.ane. Also they had planned on a reereational whicle parking area� but that a�y or may uot r�mein-a psrt of the plans, becauae th�re wae ea� coneQrn from other people vho xould use that ersa. Mr. Petereon asked iY this wovld be a separate Townhouae Acsociation. Mr. Boardm�n stated it would be a part oP the present Asaociation. Mr. Oquist asked if the tennis court aaar the Hecrtation Building wes in addition to the two courte money ha8 been eseroved for. Mr, Bosrdmen stated the tennie court near the Recreaticm Buildi�g �*as a private Aseocistion tennie court and the Satsnt vas that the other tvo City tennis cotarts srould placed somewhere ia the srea. Mr. Oquist aek�d if he meant they would b� placed in th� Innabruck area. Mr, Boe�rdman etated they vould be placed wherav�r they could find a location for them. Thsy may have to placo them doWn by tYw Moore Leke Baach area. I�. Peterson stated that t�a Parke and Recreatloa Co�misaion would not votQ ior tiw courta to go tl�.re� because they already havs covrts on Moore Lake and the people in Innsbruck want th�m in Innsbruck. Mr. Boe�rdman gave tho Co�iasionerc a lettQr from thQ North Innsbruck Tawnhouse As�o- ciation� aad notsd that in tha preliminsry discusaion�; the Association approved o� the gonvral plsns. Mr. Thomse Johne� of the Derrel A. Farr Corporatioa cama Yox�rard and msde the folloWing prssontation. Mr. dohnson ehowed the Co�miesionera ea artletc drawing of the toWnhouse structure. Tharo would be 6 unita per building. They would try to use the togograpk�y ae it exiets� leaving Qreen areae. The buildings ware designed vith the topograpk�y in minfl. They stsrted out in the Qsr]y 1970's xith an approvtd plan unit dovelopment ior 850 units in the Innebruek North coanplex. Phaee I rtas 102 townhousea� Phase II �ras the Blaek Forset With 258 units apartment buildiHg, Phsse ITI wae the 56 Vienna units� Phasa IY �+as the 46 privecy units on the extreme eouth ond of the eomplex, and the Phase V With 96 Village unita� Yor a total oY 558 unitc and thQ proposed plxt for the 5th 9dditic3n would havo 78 uaita, for s total uf 636 which is 21A wnita lass than thQ apgroved PUD, Tho 5th Additiou would be mamed Foutain 0aks,.but-�t"this tlme they will refer to it-ea Plat 5. Thare would be `j8 tcrsrnhouaQS en 9.1 acros �rlih 124 coverod parking placQR and 104 uneover,d plaa�s whieh meana every othQr roaident could have two garagQS. ThQy have more tk�n ad�guately provided for oYf•street parkin� 4ud gqragos. Regarding green ereas� they npt oniy provided large green arQas on tha p�rimeter but vould be leaving amsll arQae in tlu �coupings of buildinge. They believe they can develop the erea an8 lsave those az�as naturql with the oek trpes and also prav3de sueh nstural amenittes ae rock g4rdot►s� benchts and tablea. They rrould also havs a portion of th� area Por traila which would adjoin existinQ-trails Sn the othor additions,.'far_a=total_of-about-2 1�2 mi�.es-of traile. ��Se traile wovld also connect with the City trails. PLAPiATING CO�SISSION MEETINGZ JANUARY 10, 1979 PAGE 4 Mr. Johnson continusd and statQd they rrould have 78 totwl units� 39 oi which would be aslled B units vhich rrould havQ onQ bedroom with a loft� selling for $45�900 to $47,500. Ths C units would have tWO badrooms and two atox'iQS and would sell for $59,5� to $63,000. The E units would have one bQdroc� with a sitting area and would sell Por $l16�500 to $48�500. They did people studi�a and determiaed there +,rould be 2.9 peopU por tovahouse. With 54 privacy units tho� xoul.d total 156 psople. Their experieaeo indicatee that toWnhouaes with 2�3rds 1 bedroom unite should develop about 1.5 pocyple. With 78 unita that would equsi ebout 117 pcoplQ. Therefore thoy didn't fsel thRy vould be gcaQrating a lot of additional pacrple which would cauee traffic or amenity probltmo. With 'j8 unite vith 1.3 bedro�s the total vould ba about 94 to 96 people. Mr. Sohnson stated they �rere a HOW buildar (Homern+ners Wareaty) and *aserQ coacerneci about maiatenance on thQ nev buildinga. Plat 5 Would have 63,250 aquare faet oP blecktop Which would be private etrseta maintsinad by the Aesociation. Plat 5 r+ould have 13 building �+ith a grou�l cover of 42�300 squarQ faet. The lawn arsa to be mainiainad srovl8 be 80,000 squarQ feet. Because th�y cau cut the buildinga iato tha nstural ecntour and isuiividually grads each bullding they rrould have 75�000 square Pset oY ground cover and end up rrith 120�000 equare Peet oY lawn arca to be maintaino8. With this propoeal there rrould be almost twice ae much roofing aad eiding maintenance ae th�re vould have baen r*ith tha ox'iginal proposal. ThQ targ,t date Por completion xould b. mid-19$l. With this grogosal thay vrould leave 43'� of tho plet undisturbed. Mr. Storla askad �rh�re the park traila vould lsad into the city trails. Mr. Johason stated there rrare trails �n the area calJ.ad the Villages which went around the Bl,Qek Foraet and conneeted up with City trails in the park. They Would be black tap tra3ls. Mr. Storla asked where the tennie courte would go, iY this area �+as platted ae proposed. Mr, Boardmen stated th�y could go in the City park proparty behind th4 B1ack Fprest� but they would than becomo agartmant tennis courts. Another alternative was thQ Farr I,eke area� but that vould dieturb the passivQ laks az'ta. Aaother altsrnative would be the wooded property bahind Grace Hig}a School or on thQ property by the closed elementary school. Mr. Storle asked if all the people in the srea belonged to one sasociation. Mr. BoaTdman stated there were two asaociations: ThR Townhouoe Association and the Villagss Association. Mr. (kluiet ackad iP there vou].d ba ar�y drainege probl�ms Prom the surfacad areas. Mr. Johnson stated that srhen they had previously plattsd thie area, it was tak�n before tt►� Riee Creek Watorshwi paople. They are on the agQ�a� but feel this could be handlad at the 9taPf level because it was approved twiee beYore and ther¢ would be less drainaga bacause there wou].d be less blacktop tLan in the other sites. Thay feel there would be no problem. Ma. Sahnabal asked if thtre would be a formal plan for weter retention and runoYP. Mr. Boe,rdman stated they had a formsl plan s�i there would be s�veral retention basina � ead a ponding area. PLANNING COA�+fISSION MEETING, JAN[TARY 10, 19'j!� P�E 5 Ms. Schnabel statad she was concerned about the landacapiag. In the last development of tovnhouses� they were sssured that the rQtention of ths trees was a strong selling point� but as the developmant proceeded� almoat every tree rrae taken down. Mr. Farr st�t�d that the discussion at thet point in tims was one of dag�cee. How maqy trees oould thQy save with the 96 townhouee units versus hanr many cou].d they save with the 251 apartment units. It was a re].ative discusaion in Which they atatQd they could save more treoe vith the townhou�es which thQy did. Thsy ere few in n�ber and vould hav� b�an non-exiateat iY they had built the 251 unite. The City hss on Pile a cut ani fill msp that wsa submitted vith the 251 unit plan in 1972. They also hsve the cut and fill mep that �ras submitted when they built th� 96 toimhouse units. There are more trees there nox than thore vould have been iY tiwy had buil+� the 251 unit apartment building. Ae fsr ea tha ].andscaping vas concerned� thQy preeented the lanflsc�ging plan to the City a� to tht eingle Pamily hoa�aeownore in the sres� and also to the VA arxi FAA, a� that plaa has bean co�plied xith to the letter. Ms. Schnabel askod if they ware in the process of planting new trees in the area. Mr. Farr etated th�y had planted avsr 120 trees so far. Ma, 3chnabel asked wLiat their int�ntion xas regarding the new development� iP thoy Would havo a landscaP�B Plan Yor that. Mr. Farr atated tt�y felt thsy could ssve a lot more treea in this development because oP tht pbysical choracter oY tho ground. They would cut in th� etreets and as they build a building, thQy would excavate it like a house. Tha atructures would not be much bigger thsn a houae� the outeide dimensions would be about 54 x 52. They expect to sov�e s lot of the ncitural covtr. To thc extent that they dieturb the natural cover� they would plant tzws-aud ehruba in aceordance with wkiat they have dona in the balance of Innsbruck. Me. Schnabel etated that was wktiy ehe r�as concerned. She felt that the land in the Qrea oY the Villages was�raped and wae coacernsd that it not happen again� and would liks a Yoraal plan. Mr, Boaxdmau stated they �rould have conetruction limits� vhieh would mesn they could not go dig someWherc else, thay could on],y dig up thQ amo�mt of l.and neceesary to excavate each building. Mr, Johnson atatsd that planned to leave 43�u of the area in its natural form. Ma. 3chnabel aeked if they intended to put in a awi�iag pool. Mr. F'arr stated that had besn dropped from the original plan. Ms. 9chnabsl asksd if a pool r�en included� �rho would ba using it. Mr. Farr etated it would be for the North Inssbruek Townhouae Association people. Ma. Sehnnbel mentionsd that Mr. Johne�, in his presentation, had mentioaed a B vnit, a C unit and an E unit. She aaked if there was a D unit� irlilch she had noticed on the plan. Mr. Johnsas� etated the D unit wau].d ba th¢ eame a� the C uait. pLpNNiNG COD6�IISSION MEETING, JANUAflY 10� 1979 PAGE 6 Ms. 9chnsbel read the latter irom the North Innebruek Townhouse Aesociation Which svaa addressod to the Dsrrel A. Farr Devslopment Corporation. ThQ letter was a�s iollowa: Dear Mr. Fsrr, The members of the Innabruck North Townhousa Aasoeistion Board of Directore has informally coaeidsred your ravicion presentad January 3, 1979 of tha replsttiag of the 5th Adflition. The plan for 13 tormhouee strucsturea with 6 unite par atructure is in g¢neral accoptable. A final deciaion muet bQ reserved until apeaifiaations for the revis.d replat havs b•en cbtained and rQViewed. A rrritten agreQment brtween your Corporation and Innsbruck North Tovnhouse Asaociation specifying the actual plana� tkw amenities, axui a moanin�ful xorking agr@om•nt during ths dav�lopment of the 5th ?aditio� will be necessary for final:agproyal. We appreciate your wi111ngness to accomodat� our nsecis in your r�visad plan and sQe no rQason wt�y such an agreement ehould-not be-obtainable-by mid-February. 3incezwi,y� Elaine Hu�el� Vice Presldsnt� Innsbruck North Torrahouse Association. A carbon copy to Richard Petaraon, snd tku City oY Fridley. I�TION by Ma. Sctmabtl, seconded by Ms. Oquist, that the lettar from the Innabruck North Townhouee Asaociation be received iato the recoz�d. �ON A VOICE VOTE� ALL VOTING AYE� ACTING CHAIRMAN PETPRSOIQ D$CLARED `PAE MOTION CARRISD Mr. StephQn Tollison� 5538 Meister Road� cam. forward and stat�d he waa a mQmber of the Board oP Dirsetore of the Innsbruck North Tawnhouse Asaocistion. Mr. Tollicon etatad thet a month�y newalatter was grinted by the Association. A newelQtt�r waa diatributod last Saturday to 160 membera of the Association. In that nowslQtter they meationed the propoead replat of Plat 5. At that time there was atill a question as to vhether there would be eondominiuma or townhouees. In the nevsletter� they asked the members to call a m�ber of tha Board of Directora if they had a�y c�eats. Mr. Tollison alone received 22 phone calls from members of the Aasociation who �nre willing to come to this moQting ot the Planning Co�ission. After the nevalett�r vas ieauQd� the decieion to go with toi+nhouses and a genoral agr�ement regarding atructur� and dtsign had been reachod. The other things tha �mbers v�re concernad about were tha t�nnis courts and pool. The pool �ras included in the plans presented to the Bosrd of Direotors. The people xere also concern�d about the gresn areae a�d the trees and hed the eame camments Ms. Schnabel had voicsd st thia a�eting. The residente vere concorn�d about the numbors of treee lost in tha Villagee. Mr. Tollison statsd thst as far as reereatlonal facilities r�r�re concernsd, they had oaly 1 pool and 1 tennis court. With the addition of over 100 familiea� there muet be grovisione for more tennis eourta. The exicting tennis court 5as not even been finished yQt. When Plat 4�ras platted, thQre were to bQ three tQnnis courts for the Aasoeiation people to use. At this ti� there was only one court, which wae unPinished„ and the other tvo have not been started. There has to be a pro�is3on for a specific loeation for the othsr two courts. As it statod in the letter, everything muat have a ti�table arid be stritton explicitly. Regarding tha green areas� they would like to kna�r e:�aetly whieh treQe rrill bs aAVed and srhich will be loet. They have to rely on the City ia thie. They are happier with this grogosal than thsy rrere with the original propoeal. A1r. Tollieon etated theL when coaetruction ia cc�upl•ttd and Mr. Farr would be gone, the Asaoeiation srould be left and thsy wore coacerned that things should be done properly so bhty rrould not be left vith problems. Mr. PQterson stated that it should be noted that the Farr Corporation had prior glsna and it s+as Mr, Farr'e property Whieh he had the right to develop, If they had goae with apartmonta rather than Villsges there Would have been no trees. PZANNIN(3 COl�ffSSION MEETING, JARUARY 10� 197 PAGE T Mr. Jam�s Priss, 55�+5 �• Bavarian Psss cama forvaxd and. stated he was aleo a member of tho Board. Mr. Pries stated he agrssd rrith Atr, Tollison's atatements and also vith th� latter Pram the Aasociation. Mr. Pries stated that bef�e they reach an agreamant� they irould like more tiAS to reviev the proposal and would like the epeoifications in �rriting. A6r. Pries atated that they view ths Association as a businesc� and that when the developer leav�s� everything is their responeibility. Mr. Peles aaked the Caanmissioners for their support in rsaching an agroement with the Darrel A. Farr Corporation. Ms. Schn+tbel asksd xhen this item would go to Council if it was approvQd by the Planniug Co�iasion at this meeting. Mr. Boerdmsn statecl it vould go to Couneil on Janea�ry 22nd-.. At thst meeting, Council would eet s date Yor the public hearing, February 12th� and would be acted on by the CoLmeil oa February 26th. After that there would be tha Pirst snd eecond reading of the plata� so the projeet xouldn't be approved until the ead of March. Nh�. Peteraon aoted that thore would be another meeting oY the Planning Commission in tWO wa�ka and if the Plaaning Co�ission vaited vntil that mesting to act on this� it would give the Corporation and the Associatian two veeks to reach an agreement without upeetting the timetable too much. Mr. Bciardmaa stated it woulfl set the City Council public hearing back until Msrch. Mr. Pmteraon aektd Mr. Farr what his starting date was. Mr. Farr atsted that wben they met r�ith the Board oP Directors oP the Association� they suggeeted to the Board� after comrorsationa vith the City 3taff� thst Council would act on this 30 days after the Planning Co�ission maeting. They suggested to the Boerd thst tho considerationa to be vorked out could be xorked out during the 30 day period betwean the Planning C�laeion a�eting and the City �ouncil meeting. Mr. Farr suggeeted that the Planning Co�ission give their approv�l with th� atipulation that the To�*nhouse Association and the Darrel A. Farr Corporation reach an agresmeat prior to tha City Cotmcil mteting. Mr. Farr stated he Felt so� of the problems eould b� resolved right now� like tha tannis courta� and othsrs would have to be discussed and negotiated. Mr. Pettraon stated� as Chsirman of the Parks a�l Recreation Commiasion, he rras coneerned stbouL the t�nnis courte. IR they took the e�crrnred money from the Dsrrel A. Farr Corp- oration and put two tennia courta on Moore Lske� people would be very upset. Mr. Peterson statod the City �*as s.7.so to blame for the situation� that money was escrowed for tennis courts with no place to put them. Mr. Farr stated they had agreed to provide three tennis courts. The Pirst tennis court fras in the exieting hoaoe of the Assoeiation area. The agreement was that this court be conatructed aftsr they had constructsd 20 h�es in the 4th �dition. That had been done. Ths d�velopment agrQQment for the In�sbruek Villagse provided that they would pay for two tennia crnste at a location to be determined by the City of Fridley. That was to be donq sfter they hsd eold 40 Village uuits. They have been ready to build the tennis emirts since 1977. When the City tells them where thay vant th�m� they will build them. Mr. Peterson rQitarated that the City was as much to blame as the Darrel A. Farr Corporation. t4. Tollieon reiterated that w3th more people coming in� the present residents would be upaet unlesa provisiona xere made for additional recreational facilities in the Porm of a gool or tennis courts. PLANNING C014ffSSI0N MEETING, JAN[TARY 10, 1979 PAGE 8 Mr. Toliison elso s%sted they were also concerned about a beginning and an onding date. Time Yramee tirers very lmportant. Mr. Iangenfeld eteted he xas sorry to be late and s�ked SP the question of dra3nage had beaa discuseed. Mr. Petexson stated that drainage hsd besa discussed. The Rice Creok Waterehed p@ople had aot yat given their approval, but no problems rrere anticipated. Ther� would be adequata gonding aresa and retenticn baeins. Me. Sehnabel saked rrhat the vidth of the streets going through the devalopment xould be. Mr. Farr stated the streets would be 30 feet `ride and thore would be no parking on the etroets. There crould be three oYf-street garking epacos per uuit. Ms. Sehnabel asked if thes� agecee eould be the actual entrances to the garagea. Mr. Johnson statsd that was correct. Mr. Storla aeked what the interior dimensions s+ould be for the amallest unit. Mr. Johneon stated that the interior living space in the emallest unit would be 850 square fset including tht loYt, xhich is the bedroom. Mr. Boardman statad that met the code. I�IDTIOIQ by Mr. Lsngenfeld, seconded by Ms. Sct�bel to close the public hearing. 17PON A VOICE VOTE� ALL VOTII� AYE� ACTING CEAIRMAN PE7.TRSON DECLARED THE PUBLIC H�SARING C7ASED AT.9:16 P.M. MOTIOAJ by Mr. Oquiet� to recamnQnd to Council approval of the consideration of a pro- poe preliminary plat, P.S. �78-07, Innsbruck North Townhouse Plst 5� and a Townhouse development, T-�}'f8-01� Fountain Oaka, by Darrel A. Fnrr Devslopment Corporation: Being a rsplat of Outlot H, Innebruek Diorth, exespt that part already plattacl as Inriebruck iQorth� S�coad and Third Additions� generally locatoci North oY I.694� bet�+een Meieter RoaB and th� Corporate Limite of the City of Fridley� with ths stipulation that a me�randum of agraement tae reackud betveen the DarrQ1 A. Farr Dev�lopment Corporation a�l the innsbruck North Townhouse Associatiott, prior to action by the City Covncil. Fir. stoila stated hs would lilu a better underetan8ing oY rrhat the agraemQnt rrould snco�npase. Mr. Petorsoa stated the request was tk�at there bs an agreemmnt betvean the Toxnhouse Association and the Darrel A. Farr Development Corporatiou� and the Planning Comnissions appsoval vovld be baced on them reaching an agree�nt. Mr. Oquist pointed out that if thelr concerna z+ere not covered� there would not be ar{y agreement. Ms. 3chnsbel atated ehe aould like the motion to state thst if an agreement was not reache8� ihe P7.anning Commiaeion would not give their approval. PLANNII+� COi+l+II53I0N 2�,TING, JANUARY 10, 197g PAGE $ Motion died for lack of a second. 1�i0TI0N by Me. Schuabel, saconded by Mr. Oquist/ to reco�end to Council approve�]. of oaa eration of a proposed preliminary plat, P.S. #78-07� Innebruck North Tovnhouse Plat 5� and a townhouse developmeat� T-�78-01� Fountain Oaks� by Darrel A. Farr Develop- ment Corporatiom: Baing a replat of Outlot H� Innabruck North, except thet part alraady platted ae Inaabruek North ToWnhouse Plat 4� and parts of Innstruak North Second and Third Additio¢is. aeaerql�V located north of I.694, betvean Meister R�d a�l the Corporate Mr« LangenfeJ.d stated he was concerned about the enviranmentsl aspects of the dwelopment asid would ass�e that the Aasociation would take all thoae items into consideration. M�c. Isngenfeld stated he c�ished they had the Interium Agroement type of wrdinanee. Mr. Laagenteld stated that they had made a tour of the ares and had found drainage problems 1n other areae. The Interitffi Ordinance being coasidered by the City Council rrould insure Chat beYore a�y development takes place� propsr meaeurea would be taken to insure that there not be a�y eaviron�ntal impact to the area. Mr. Peterson etated that the fact that they hed made th� etipulation that the Rice Creek Waterehed people give theix approvsl of the d.vslopment would make him feel very eaafortable. Th�y bave ths expertise and engineering i�ackground and 1f thay agrse that there �ould be no adverse efPeet to the environ�nt, he would feel comfortable. UPON A VOICE VOTE� ALL VCIfING AYE� ACTING CHAIRMAN PETER30N DECLAREI3 THE 1�TION CARRIEll UNAAII�90USLY. Mr. Peterson etat�d that a timetable was set, the �mbers of the Aasociation Bosrd had heard the motion with the stipulationa, bad seen the concern of the Co�isaioners aad the Develaper� a�i hoped that through the Staif and their negotietiona everything vrould be agreed upon and. if not� Ms. Scbnsbel's motion �+as that it be brought back to the Planning Commission. Mr. Tollison thanked the Co�i.esionars. Mr. Peteraon turned the chairman over to Vice Cha3rman Iangenfeld. 4. VACATION REQilE3T, 3AV #78-05, VIKING ENGINEEItING AtID DEVELOPMENP C�MPANY: Vseate the easament for drainage a utilities that srae retained when Gwm►oai Street s+as vacated (3AV �j$-12r Houser)� exaept that psrt actual]y needed by the utility companies, dsscribed as folloxs: The eaaement lying betireen Block 5 and Block,6, Onarra,y Addition� and bounded on the North by the We�ter],y extension oY the North line oP Bloek 6� Onavay Addition� and bounded on the South by the Westerly extension of the South line oi Lot 11, Block 6, Onaway Addition, to alloW the enclosure of a storage dock at 77h0 Beech Street N.E. PLANNING CQll+IISSION MEEPIATG, JANUARY lA, 1979 - PA(3E 10 Mr, Boardman stated thet pege 23 of the ag��a books iadicated tY�t Gumwood Street vas alresdy vaeated� hovever when that straet vras vacated� the utilities vere not vacated. Therafora� they still have 50 feet of eaae�nt for utility easement. The condition they are looking at then at the addres� 7740 Beech 5treet was that they have a loading plsLform at the back of their building that �+ae on that portion of vacated etraet ettse�nt under xhich there was a2so e utility ease�nt. At this point in tiatie, they had contacted the utilit� cffipanies to �ind out if theq need that 50 Yoot tasems�E. They said they didn�t need that 50 Yoot eaeement� but in the letter thmy got bnek� the utility company did not indicsts xhat easement they do need. They had aent out a se¢ond letter, but had only gotten one response back and that wea f'rom NSP. They attempted to call them today� but did not get w hold of them to get that clarified as to the amount oY easement they do need. MinniGasCo said they had no utilities in.tLat alleyway so had no raason bo hold any eassment. NSP dces have a powerline there. In the letter the City received Prom thetp� they r+ant to hold the easter]y 10 foot of the westerly 27 foot of that vaeatad strest and as far as the telephone compar{y� thay have not hsard Prom thtm. From ttu Snitial letters� it did not look like �here would bc anpt problems `rith any of the utility companies regarding this. Mr. Boardm4n recoa+mended that the Planning Co�niasion recoamiend approval con- ting�nt upon whatover response thay get from the othor utilitiea to hold whatev�r ease�nt they need to hold. They can thsn begin proceesing thie and by the tims it gete to Council� thoy would have all of the-eaeements. Mr. Peteraon apk�� xegarding the letter from NSP datQd December l� 1978s if the 14 Poot hight rQquiremQnt rias valid� or if it could go higher. Mr. Boardman statad Viking Engineering *aanted to cover their loading dock and gave the Co�.tseionQrs a copy oY e lstter Prom NSP. Mr. PetQrson read the letter ae Yollows: Wh�n the City of Fridley vacates the 50 foot street Qsaemant for Gumvood Street� NSP would lik� to havo e 10 Poot easement mainta�ned for their oxisting overhaad line. We intand to mova the south�r]y polQ approximately 23 fest west by tYu end oP Fobruary, 1979, to liae up Wi'4h thQ other polas. We would then ask thet tha east 10 YQet of the wster�}r 27 fost of the vacatsd Gumwood Street easement be maintaiued for that line. I hopa this �rl.11 �4t with approval by all con- cerned, Sinceral,y, iiar].an Beneon� Customer Servica Ropr�sentative. t�DTION by Mr. PQterson� second�d by Ms. Schnabel� that the letter from N3P be received into the rrcord. UPON A VOICE VOTE� pLL VOTING AYE� VICE CHAIRMAN LAN(}ENFELD IIECLARED THE 2+%1TION CARRIED Ms. SchnabQl aeked� regarding tLa east 10 feet of th. �rest 27 feet� if that means they would �ncroReh on tl�t easement 2 feet into the esater�y half. 1�9r. Boerdmen atsted that rias correct� they Wovl.d have 2 feet of eaesmant on their prp- perty. Ms. Schnabel ststed thax tkran any eddition they make can only come within 2 feet of the peoperty line on the Fwst side. PLANNIN� COl4tI$SION ME�'PING, JANiJARY 10� z979 - PaGE li Mr. Eaxl Johnaon� Genezal Manager oP Viking Engineering Developmsnt Corporation came forvard and.statsd that G�wood wae a 50 foot etre�t that was vacated. At that tims, Paske was ths builder At that time and he put in r dock that did use 25 Yeet. The first requost ttuy would mske vould be for a variaace ior setback. The reason they want to cowr ths �oading dock was that they have a problem in the rrinter srith snaw and ice, ThQy mak a heavy piecs of equipment and loading ia almoet impossible. Mr. Boardaaa iadic$tad to them that tlu utilitiae ha8 not been vacatQd and much to theix surpriee v�rre ander the dock eres consi@ering the occupancy permit rendered on thsir propQrty. However that Trould be OK. Mr. Johnson stated that th� telophone co�aqy had indicated in their letter that, regarding the csble under the dock, they would bo rsepon�ible far any expenqe involvsd. Putting a cover on top of the dock Would not change that at all. Tha power company eaa concerned a little about where ths porrer ec�ee into thair building. It ca�es into tha wall snd they have a metal buil.dings so they would n'Qd a esrtain amoimt of footaga batvean the matal to havs a ground. The moet logical thing rrould be to extend the maat for the Qntry. Their pole vould aot efiset them ia a� v�Y� because it was lxeted mid-*�y on the 25 fest. The gaa company and Cable TV i�dicated no concern. MinnigasCo s+as coaeerned about loL 6 and l�t 7. 'd'hey ovn lots 6, 7� 8, amd 9. Lots S and 9 sre th�r parking area. Mr. PQterson aeked Mr. Johnsott if thQy vere still planning on building the cover on�V 14 feet b3gh. Mr. Johnson �tsted 14 fest would bo sufficient� because the truck does not come lnto that area, they only use the dock to bring th. product to the truck. Mr. LsagenPeld aelqed if the access xas north acd eouth ot Gumwood. Mr. Boardman atsted the access wae oPf oP Beech 3troot. MDTION by t�h�. Petqraon, seconded by Mr. Oquist, to recammend to Council spprmal oY the Vacat�on Request� 3AV �78-05� Vik3ng Engineering and Development Compar�y: Vacata the eeaement for drainsge a�d utilitiea that wae retainod when GumWOOd Street vras vacated (SAV �'(3-12� Houser)� w�cppt that part actuaL'�y� neiaded by the utYlity companies, describ.d aa follows: The easement ]ying betwasn Block 5 and Bloek 6} Onawatiy Addition� sad bounded on the North by ths Westar]y eutenaioa of the North line of Block 6, Onaway Addition, and boue�ed on the South by the Westerly extqnsion oP the South line oP Lot 11, Blxk 6� Onavqy Addition, to allrn+ the encloeurs of a etorago dock at 7740 Beech Street NE.� rrith the eti ulatlon that b tht time the re wat o�s to Cit Council sll the necessarv documan e arQ rQC�ived Yrom tho utilitu��oumianies indicatintt the QaeaCt loCBtion UPO1� A VOICE VOTE; ALL VOTING AYE� VICE CHAIRMAN LANGENP'ELD DECLARED THE MOTI�Q CARRIED UNANII�USLY. Mr. J�hneon thanked the Commissionere. Ms. Sehnabel �tated that the Appeals Com�mission had tablod this item and it was not on the a�enda for,the uext meeting. Mr. Bosrdman stetpd he would see about gstting it on the agenda. PLANNII� COY�ASISSIOt� MEET7.HG, JANUARY 10�197 - PAGE 12 Vice Chairman Leng�nfeld deelared e recess At 9:45 eud rsconveued the meQting at 10:00 P.M. 5. x�cE� ENV�o�rrraL Quai.zTr Coa�sslox �s: xov�� u, 1978, �. �a. aw....0a.. v� ..y... .........�..� �.,� '�_�' �_" �cro__ " �—_ —• t�R)TION by Mr. Peterson� seconded by Ma. Schnabel to r�ceive the November 21� 1978, �onmantal quality Co�ission minutea. Ms. Schnabel asked what the term "arrau group" meant on page 6 of the minutee. Mr. LangenfQld stated that vas a slang expresaion meaning one with auparior knowledge and quslities to make proper decisions. Mr. Langenfsld saked if Mr. Boardman sras avsre if tho City Couacil had directed the city attorney to take legal means to prevent anqr status change of the airport as requested an page 4 of th� minutes. Mr. Boardmaa stated he did not ]mow. Mr. Isngenfeld stated that the second peragraph on page 7 and the sscond paragraph on page 8 risre the key paragraphs ragarding the diecusaion on the airport. Mr. Boaxdman asked W�at rras meant by the atatement "The Environmental Impaet Statem�nt waa hired by MAC as another step toward thet implementation." Mr. Peteraon stated he understood that to mean tLat the MAC had hired a firm to mske an environmental impact statement. Mr. Bosrdmsn askad iY they- veron�t required by the Federal Government to do that. Ms. 3chnabsl statad they s+ere if they were going to chsnge the airport fr� a minor to en intarmediate. So that statement means thsy are pDwnning to do t}aat or else they would not have hirad sam�eone to do en environmQntal impact etatem�at. Mr. Bosrdmen asked iY thefir intent all along was to meke it an intermsdiate airport. Z�h'. LangoaYeld ststed the MnDOT' �rlan ��d been_ �ompiled, s�.ad was vague, They seem tn_be. doing thiags in stages, such as putting 1n more lighting� mc>re controlls in the tcrwer� etc. and thie is what the Conmmi.ssioa vas conesrned about, They wou3:d like to see the Mseter Pl.an. Mr. Iangenfeld asked Mr. Boardmatt� regarding several motions in the minutes that the Chairmsn rrrite letters to varioua people� iY that wae within the scope oP the Chair- person to do tkiat. Mr. Boardman stated thst ax�y latter whtch sta'tes an og�:nion or takes a etand should havo approval of ttu City Council. Lettsrs seeking advise or information xould be no problam. Mr. LanQenfeld asked� regarding the motion on page 9� iP the Council l�ad done s�ything regarding that motion� and if the motions should be direeted to the Planning Co�iasion aleo. p7,pNNII�', Cp1�IL45I0N MEETING, JAN[JARY 10, 1979 P�*� �3 Mr. Peterson stated he Pelt that the action in that particular motion woul.d be out oY order� because the direct reportiag route would be the sub-eo�i.saion to the Planning Co�i.se3an to 'Che City Councilt anl no ca�ission wou7.d have the authority to go dixectly to any o�her govexromental body stating a Bosit3on. Mr, I,angenfeld asked iP axpr coffioission could by-pass the Planning Commiasion, and m4ke a motion dirsetiy to the City Council. Mr. Boaxdman stated tkiat all oY their motions vere dixected to the City Council, those motions appoer bsfore the Planning Co�iesion because oY the revieW process. IP the Pisnning Caomm.tssion feels the motion effects the comprehensive pl.an or the golicies thnt had been established� it coul.d act� but would not have to. A4r. Peterson stated that he Hould consider the motion oa page 8 regarding the M.P.C,A to'6e out of ouder because there the C�isaion �+se taking direct action without approval of the City CounciL Mr. IangenYeld stated he was gZad he brought the isaue up and had it clesred up. Mr. Boardmen stated the motion on page 5 regarding New Brighton would also be conaidered out of order. Mr. Iangenfeld etated the second paragrsph on psge lA was of interest and the Co�issionera should read it. Mr. Langenf�ld aaked if the City had done anything regarding recreational vehicles as diacussed on page 12. Mr. Peterson stated that Bob Shore had pvrchased that property and the City gad an agreement with th�m similiar to the one they had last year With Sears� allowing them to use the property for recreational vehicles� uniil. he developea it. Mr. I.sngenYeld stated that the word organization on page 23a the Pirst paragraph, the first sentence ahould be changed to read "collection - re-cycling center". UPON A VOICE VOTE, ALL VOTING AYE� VICE DHAIRMAN LANGEI�'ELD DECLARED THE NR�TION CARRIED ZTNANIAiOiJSLY. 5. (A) PURCHASE OF TAPE RECOEtDIIi FOR COAfl�TISSION USE: PAGES 10 and 11: Mr. Langenfeld stated the Environmenal Quslity Co�isaion would like to purchase a tape recorder in order to tape such things as the City Couneil m6eting ower the hInDO'P Plan� etc. The Co�isaion thought other commisaions might be inter�sted in akiaring it. Ms. Schnsbel stated that the Appeals Conmmiesion crould not be interested. Mr. 3torla stated his Co�ission had not discussed a need Yor one recently� but felt it wae a reasonsbie request� to have a tape recorder available to the Commiasions. Mr. Lsngenfes�d asked if they would be allrn+ed to purchase one with their budget money. Mr. Boazdman stated they-were allowed, but it would have to be approved by the City Council. ��.; : ���.� ="a „. PI�INPIlN(i CO2+AtIS�OH MEETING, JANfJARY 10, 1979 PAGE 1$ G;� ���; :� Mr, Petereon stated the Parks and Recreation Co�i.ssion had not diacussed this� but personally felt that Commissiona would be getting fsr afield by taping all kinds of public �etings bscause in the first plscc it Would be setting a precedent ani in the second place� he aould nat see where the inYormation woul.d be ueed� because who wss going to aet and lieten to a four hour tape. All public meetings were supposed to have minutes and they could request the minutes. The oPficial testimox�y of a public meeting wouZd be the minutes, not a tapa of the meeting. 6. �xxv� Paxxs axn xEC�aziox con�sszorr rffr�vrES: xov�Ex 27, 19'78� MDTI01� by Mr. Petmrson� seconded by Ms. Schnabel to receive the November 27� 1978� minutee of the Parks and Recreation Commission. Mr. Petersoa stated the Parks and Recreatio n Co�iasirmn had voted to go to eix meetings a year �ftk the aption to schedule special meetings. The meetings liad been echeduled to oecur just before a new activity or season begins. LJPON A VOICE VOTE� ALL VOTIIVG AYE� VICE CAASRMAN LANGENFELD DECLARED TFIE I�Y!'ION CARRIID 7. RECEIVE APPEALS COtMStSSION MINilPE5: DECENIDER 12, 1978: A�TIOIi by Ma. Schnabel, seconded by Pgr. Peterson to receive the December 12� 1978� m�nutes of the Appeale Co�nission. Ms. Schttabel noted thai the bottom of pa�e 5 and the top of psge 6 eovers a dfscusaion of a letter from Virgil Herrick. This item wse diacussed in depth at the next meeting� "�`" December 26, 19'J8. Me. Schnabel also statad they would be discusaing the zotting �",�.� �� ordinance chaagea at the January 16� 197� mseting of tho Appeals Co�ission. T' UPON A VOl�CE VOTE� ALL VOTING AYE� VICE CHAIHMAN I�ANGEPIFEI.D DECLARED 'PE�S 1�TIQR,����,� . - tmtex7tu�rtcr.v .":. . 4 -- 1�TIOF by Ms. Scbnabel, seconded by Mr. Peteraon to receive the December 19, 1978� minutes of the F�vironmental Quality Co�ission. Mr. Langenfeld stated he vss not able to attend that meeting. Mr. Petereon aeked vho Mr. Perez was. Mr. 7.angenfeld atated Mr. Perez wae a member of th� New Brighton Environmental Co�ission, and elso on the M. P. C. A. - Mr. Peteraon etated he was concerned with Mr. Perez's statement ott the bottom of the first psge, a�d sras concerned beaause the Cawniseion daes not have the authority to do that. Mr. Langenfeld noted that the Co�ission had discussed having the worde "Draft Subject to Final Approval" on the first pege of the minutss. PLANNING COt�lI33ION MEETING, JANUARY 10, 1979 - PAGE 16 Mr, Lengenfsld brought to Mr. Boerdmsn's attention the motion on the bottom of page 7 requesting stsff to compile inYormation regat�ding the increase in demand of Co�ereial and Ind�ustrial �ales between the years 1976 and 1977. Mr. Peteraon noted that a lot oP nev construction had taken place during tt�at �eriod. Mr. Lsngenfeld mentioned the fact that this Conmittee would terminate in June. UPON A VOICPs pOTE� ALL VOTING AYE� YICE CFIAIRMAN LANC,F.1�'ELD DECLARED THE MOTION CARRIED ll. CONTIBIIIID: �RANDiJM OF AGR�1': Ms. 3chnsbel atated thia item had been tabled and the C�ission had made the correction at the beginning of the meeting. 12. CONTINIk:D: PROP03ED CHANGES TO CEiAPTER 205. ZONING: 1�IJTION by Ma. Sehnabel� seeo�ded by Mr. Peteraon to continue the proposed changes to Zhapter 205. Zoaing. UPON A VOICE VOTE, AI.L VOTING AYE� VICE CHAIIiMAN LANGE� DECLARID Tf� A�TION CARRIID UNANII�SOUSLY . 13, ar� suslrkss• Mr. Langenfeld atated he had received a letter from the Charter Commission a�l asked iP the other Coffinissioners had reeeived it. The other Commissioners atated that had received it. Mr. Langenfeld stated he did not represent tht�a Coumuission and had asked iY they would delay action so that Planning could act a� send reccommendations to the Cherter Co�ission. The Charter Co�i.ssion meets the first Tuesdey of the month and there was no problem 3n that respect and asked if the Conmissionera rould like to provide reco�endations to the Charter Co�nission regarding these itsms. Mr. Langenfeld stated he had alreacly given h1e commente as a citizen. Mr. Peterson stated he had also contributed his co�a�nts and recoumiendations both as a eitizea and as Chairman of the Parks aad Recreation Covm�i.ssion. He did not speak Por the Co�ission but only for himaelP as Chairman. Ms. Schnabel stated ahe had also contributed her reco�maendationa. Mr. Storla stated he had not receiv�d it until yestarday and was too late to send a lettsr� but �rould let them know. Mr. I.sngenPeld stated the Charter Commisaion ?aad two openings. Mr. Boardman stated that the City Couneil had hired a consultant for the Downtowa Revitilization. They did hire Professional Planning and Development. They have signed the contracts� and they would begin work on January 15, 1979• PLANNING COMMSSSION I�ETING, JANUARY 10� 1979 � PAGE 17 Ms. Schnabel a�ked if the City Council had taken a�y action regarding the Planning Commisaion's recommendutions concernin; the financial obligations of the business co�unity. Mr. Boardman stated he.was not sure, but they had hired the consultant. N�. Peterson stated that on Thureday, January 25th� the Citizens Cr1me Prevention Co�ittee would be meeting, and anyone who wauld like to attend was welcome. MOTION by Ms. Schnabel, seconded by Mr. Peterson, to adjourn the January 10� 1979, meeting of the Plann3ng Commission. UPON A VOIG'E VOTE, ALL VOTING AYE� VICE CHAIRMAN LANGENFELD DECLARED THE MEETING ADJOURNED AT 11:05 P.M. Respectful]y Submitted: t Sy�lton Recording Secretary �