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PL 02/08/1978 - 6627City of Fridley A G E N D A PLANNING COMMISSION t�ETING FEBRUARY 8, 1978 GALL TO ORDER; ROLL CALL: AFPRQVE PLANNING COMMISSIQN MINUTES: JAtdUARY 2S, 1978 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE_FERMIT 7:3Q P.M. ITE61 IAiDEX WHITE, Pgs. 1-27 K'HITE, Pgs. I-1C SP. N78-02, BY HART GUSTObi HOMES INC.: Per Fridley City Code Section 205.102, 3, N to allow the expansion of the sale af mobile homes to include Lpts 4,5, $ 6, Block 1, Central View Manor; the s�me being 7355 Highway #b5 NE 2. RECEIVE ENVIRONMENTAL QUALITY CQMMZSSION MINUTES: BLUE 3. RECEIVE APPEALS CQMMISSION MINUTES: 3ANUARY 24, 1978 4. CONTINUED: PARKS $ OPEN SPACE PLAiV 5. OTtIER BUSINESS: AD30URND�NT: YELLOW, + Att. 1-23 CITY OF FRIDLEY PLANNING COMMISSION MEETING JANUARY 25. �978 CALL TO ORDER: Chairperson Harris called the January 25, 19�8, Planning Commission meeting to order at 7:37 P,M, ROLL CALL• Members Present; Members Absent: Others Present: Shea, Bergman, Aarris, Suhrbier, Schnabel, Langenfeld Peterson (represented by Suhrbier) Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES: JANUARY 11, 1978 MOTION by Ms, Shea, seconded by Mr. I,angenfeld, that the Planning Commission approve the January i1, 1978, minutes as written. Upon a noice vote, all voting aye, the motion carried unanimously. 1. CONTINUED: PUBLIC HEARING: RE�UEST FOR A SPECIAL USE PERMIT. SP #?7-1,�, BY SUPERAMERICA:. PER FRIDLEY CITY COAE, SECTIaN 205.131, 3, E, TO ALL04V THE CONSTRUCTION OF A SUPERAMERICA STATION CONVENIENCE STORE, ON LOTS 2'7, 28, 29 an3 30, BLOCK 4, HAMTLTON'S ADDITION TO iRECHA�'�'ICSVILLE, THE SAME BEING 5667 IINIVERSITY AVENUE NE PIIBLIC HEARTNG OPEN Mr. Boardman said that much discussion had taken place at the previous meeting, He said that Superamerica had some revised plans for the Superamerica Station Convenience Store, Ms. 5chnabel asked why it was necessary for Superamerica to request a Special Use Permit. Mr. Boardman said that the station previously located on the lot had been at that location before Special Use Permits were required for Gas Station operations. Mr. Michael Aolt and Mr, Timothy Kortrem were present at the meeting representing Superamerica. Mr. Holt showed the Commission a revised plan for the Superamerica Station Convenience Store. He indicated the changes that had been made to the driveways servicing the station and that by moving the proposed building approximately 15 feet they rrere able to p:ovide for the required 15 parking spaces as well as set up a feasible route the gasoline trucks could use so that the trucks would not have to go through the residential area, PLANNING COMMISSION MEETING - JANIIARY 25, 1977 Page 2 Mr. Bergman said it was an improved plan and that it was much better than the previousl plan. Mr. Holt said that he had talked to Superamerica management about providing a sign for Ms. Mathisen (348-57 Ave NE) and they indicated they would provide her witk a sign that would indicate that her driveway was a PRIVATE DRIVEV7AY and that it should not be used. Ms. Schnabel asked i£ there would be signs at the entrances and egresses that would indicate entrance only or exit only and if so how would the signs be posted, Mr. Holt said that the driveway to the rear of the lot would have a sign that Mould indicate +�exit only, do not enter+�. He also said that there would be directional arrows on the blacktop. Ms. Schnabel askefl if there would be additional signage in the ground that �ould indicate exit only. Mr. Holt said that they would have signs in the ground, Ms. Schnabel asked if any signs would indicate such things as "no left turns�� or ��no right turns" or ��right turns only��. Mr. Holt said that they would provide such signs if the Commission felt it �vould be necessary. He didn�t think they would be necessary in that the patterns would already be established because of the island that was located in 57th Avenue. Mr. Boardman said that it had been suggested at the previous me�ting that at the exit closest to the service lane and 57th Avenue there would be a sign indicating "Exit to IIniversity Avenue�� with an arrow that would direct the traffic around the station or around the area. Mr. $olt said that Superamerica would comply with that request. Chairperson Harris asked if the station would be open 24 hours per day, every day of the week. Mr. Tim Kortrem sa3d that it ivas being discussed that the proposed Superamerica Station Cnnvenience Store would be open 24 houxs a day. fie said that the particular location had not beexi fully established as yet, He said that actual business would dictate the hours it would be opened. Chairperson Harris asked what type of products would be dispensed at the Superamerican Station Gonvenience Store. Mr. Aolt said that the Store would handle convenience items such as packaged food, rolls, milk, bread. He said it would handle no fresh produce. Iie said they would have bulk oi1 and some automobile related products. RiANNING COMMISSION MEETING - JANUARY 25� 1978 Page 3 Mr. Carl Paulson of 43�-NE 57th Place wanted to submit a sapplement to the original petition that had been signed by the residents in the neighborhood, He said t�at the petition itself dealt with mostly the human aspects and that the supplement petition dealt vrith property owners. Mr. Paulson said that it was an Impact Statement which was a supple�ent to the petition, re; Superamerica Request. ��The follovring criterion .re�resents a mutual correlative to the contents of the aforesaid petition. The petition deals vrith matters serving jointly both property o��m ers and residents on a lease bas�s or othercrise enjoined, The fodloWing are parts or elements, maybe not all of them, you vrill be considering conjuctively: I. First of all: Is there a need? II. Reduction of real estate values. III. Deviation from previous use. IV. The matter of saturation (used in the broadest senae) V. And an overall adverse affect." Mr, PauZson said that the people in the area were adj�erse to the night-time operation. Chairperson Aarris said that a petition had been submitted to the Commission. Ae said that it was a petition to the Planning Commission, City of Fridley. "'rYe, the signatories to this Petition do hereby request that an a11-night operation applied for by the applicant in the name oi Superamerica Station Convenience Store, be rejected. 14e submit our request, in part, on the basis of six pages of criteria calling attention to pollution hazards an� now to curtail them. Peace and composure are closely related to restful sleep. Y1e summarily reject any notion that vre be held responsible by word or other�vise for the ridicu�ous overbuilding of gasoline stations in years past, lYe further reject anq suggestion that fenced ivall� tivith ballasts can serve as adequate protection, against polluted particles moving taith the wind in varied directions, and noise pollution. 1Ye reserve the right to seek redress through the courts, should this become our only recourse. PLANNING COMMISSION MEETING - JANUARY 2 1978 Pa�e 4 We reject installatiohs of added lighting such as might adversely affect nearby residents at times uihen they look forward to a time of restful sleep. Night time was made for sleep! Also, we are aware that hold-ups and shoot-outs cannot be ruled out around an a11 night operation. �Ve are opposed to added traffic after-hours, such as would be of convenience to inconsiderate drivers who are prone to rev-up motors, added to quick starts, sometimes coupled with loud voices. We want nothing added to overall late night problems, such as are experienced along well traveled roads, such as University and 57th Avenue going eastti�rard. Finally, ti�re reject the proposed operation as we know it�t+ Chairperson Harris said that there were 39 names on the petitioxi. MOTION by Mr, Langenfeld, seconded by Ms. Schnabel, that the Planning Commission receive the petition and the Impact Statement, Upon a voice vote, a11 voting aye, the motion carried unanimously, Mr. Paulson said that it had been clearly stated and that the people who signed the petition had done so with the enthusiasm that went with the acceptance of the idea of rejecting the proposed, Mr. Gordon Jorgenson of 2225 Chalet Drine said that he ovaned the property located at $644 Fourth Street NE, He said that his property contained a seven-unit apartment building. He said that the people in his bui�ding w�ere very much a�ainst the proposed Superamerica Station Convenience Store. He said that they mainly oppased the 2t� hour operation. He said that the points they had indicated they were opposed to �vere the added noise from the traffic; the increase of cars using the parking lot as turn-around area; and the"people who lived on the lUest side of the building were concerned about the lighting, especially during late night. He said that he personally was aoainst the proposed operation and that people in his building had also indicated their opposition by signing the petition. Chairperson Aarris asked if there had been traffic problems previously when Phillips 66 had owned the building, Mr. Jorgenson said that it had,added to the traffic in the area; but he said the people were mostly against the 24-hour operation. Ms. Schnabel said that if the petitioner was allowed to proceed vrith his plans, the Commission could establish hours that the operation could be open; she vranted to know if the people in Mr. Jorgenson�s building had a preference to the hours it could be opexied. 6=,�i� PLANNING COMMISSION MEETING - JANIIARY 25. 1978 Page 5 Mr. Jorgenson said that he had delivered the petition to the people in his building as it was written. He said they seemed to be bas3cally concerned about the late night noise and the additional lighting a11 through the night. Ms. Schnabel said that Superamerica had stated they intended to have the lighting directed downwards and away from the adjacent properties. Mr. Jorgenson said that the lighting could be improved using that manner but that the problem �vouldn't be eliminated. Ms. Grace Mathisen of 348-57th Place NE said that she didn't have much to add to vrhat she had stated at the previous meeting. She said that it wouldn't make any difference whether the store tivas a night or day operation, the traffic would be much greater in the area than before. She said that the lights of the operation iaeren�t just the lights located on the groperty but would involve the lights of the traffic. Mr. �angenfeld read from the Code all the businesses that could be established on the lots in question. He said that the location tvas zoned C-2, He felt that a much less desirable situation could be established at that location than a Superamerica Station Convenience Store. Mr. Paulson said thai Mr. Langenfeld had made a good point but that he felt the people in the vicinity did have a right to say v�hat could be established at that location. Mr. Jorgenson said that the location v:as probably too small for many of the other uses that had been indicated by Mr. Langenfeld. He said that it seemed that the people in the vicinity wanted an opportunity to listen to"a proposal for some other type of operation. Mr. Holt said that in regards to the all-night operation Superamerica did operate some of the stations on established hours rather than 2� hours. He said that they vrould agree to keep the same business hours as the other businesses in the area. He pointed out that the property was zoned commercial and they had presented plans for a commercial operation. Mr, Bergman asked if Superameric tivould be interested in the location if the Commission would indicate a stipulation that c?.o�ing ti�es would have to corresp�nd to the closing times of the oiher businesses in the area. ASr; Holt said that they would be interasted. PL�NNING COMMISSION MEF'TING - JANUARY 25y 1978 Pa�e 6 Mr. Boardman asked if Superamerica planned to have a lighted canopy. Mr. Holt said that they v�ould have a lighted canopy but that no Iighting tirould spill from the operation, He said all the Zighting wou2d be directed downwards, Mr. Boardman asked hot�r high the proposed fencing would be. Mr. Holt said they tvould have a six foot fence plus a hedge. Mr. Boardman asked how high the lights of the operation wou2d be. Mr. Holt said that they would be 13 feet. Mr. Jorgenson aian�t believe that a six foot fence vrould protect the area irom 13 foot lights, He also doubted the statement that no lighting ivould spill £rom the operation. He also questioned the traffic-flow diagram. Mr. Boardman said that at the previous meeting there had been concern regarding gasoline trucks as far as hotiv they would ingress and egress from the property. He said that in order for the trucks to service the station and not have the trucks go into the residentia2 area that the diagram indicated the route the trucks would be directed to take. He said that the gasoline trucks were owned by Superamerica anfl that the drivers could be told that it tvas the route they had to use. Mr. Boardman said that Superamerica would do some signing to indicate to the automobile traffic the desired directions, Ms. Schnabel asked if the Commission could stipulate the route the trucks servicing Superamerica vrould have to utilize. Mr. Boardman said it v�as the Commission's Option. Mr, Paulson explained to the Commission that Ms. Mathisen's house had been built tivhile Fridley was a Township; therefore, he said that it did not have the normal setback from the street, He said that her garage dvas situated almost right next to the curbing and her house right next to the garage, He said that she was really located very close to the proposed business. He wondered if the minority had as much rights as the majority. He said that the distance from her house to the proposed establishment had to be considered in the issue. Mr, Paulson felt that the air pollution in the area was already existent without adding to the problem. PLANNING COMMISSION MEETING - JANUARY 2�, 1478 Pa�e 8 MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning Commission recommer.ds deniaZ of the request for a Special Use Permit, SP f�77-17, by Superamerica: Per Fridley City Cade, Section 205.131, 3, E, to allow the construction of a Superaraerica Station Convenience Store, on Lots 27,28,29 and 3�, Block 4� Hamilton's Addition to Mechanicsville� the same being 5667 University Avenue Northeast. Mr. Langenfeld said that the reasons for his motion to deny were: 1. There had been 3g people that had petitioned against the request, 2. In regards to the substantive requirements of a Special Use Permit must be subject to certain conditions and the conditions must conform to the following standards; . To protect the Public Health, Safety, and �Velfare . To avoid.tra£fic conjestion or hazard or other dangers . To promote conformity of a proposed use with the character adjoining property and uses. Ms. Schnabel said that she believed the Superamerica Station Convenience Store could very likely generate additional traffic in the area even though they had stated they didn't feel they would measureably increase the traffic in the area, She said that this point was a point that �as contrary to the petitioners of the neighborhood. Mr. Bergman said that while the ordinance provides for gasoline stations OR retail stores in the zoning of the property, what was being requesied vras a combination of gasoline and retail. He said that even though it v�as a fine point it was pertinent because of the amount and t3*pe of traffic and the operating hours that would he involved, Ms. Shea said that she was against the motion because she felt that Mr, Holt had done ever.ythin� he could to try to satisf.y the neighbors and agreeing to any stipulations that the Commission had felt tvould be necessary. IIPON A VOIGE VOTE, Mr, Bergman, Ms. Suhrbier, Ms, Schnabel, and Mr. Langenfeld voting aye; Ms. Shea and Mr. Harris voting nay, the motion carried, Chairperson Harris said that the recommendation to deny would go to City Council on February 6, 1978. 2. PUBLIC HF.ARING: PF�UEST FOR A SPECIAL USP PERMIT SP -Q 1 BY NI!:I3 ;RD CI�SH':IAY LUMBER: PER FRIDLEY CZTY COAL� SECTION 205. 101 , 3, N, TO AI.LOIY TH� D�VELOPMFI�IT Or A 5�000 SQUARE FOOT GARDEN CENTER IN THEIR PARKIt1G LOT� OI3 LOT 9� AUDITUR'S 5UBDIVISIflN N0. 94� THE SAMn BEING 535� CIIVTP,AL AVENIIE YE MOTION by Mr. Bergman, seconded by Ms. Suhrbier,. to oven the Public Hearing. Upon a voice vote, all voting aye, Chairman Harris declared the Public Aearing open at 8:4�4 P.M. MOTION by Mr. Langenfeld, seconded by Mr. Bergman, to receive the correspondence from Hagerty, Candell and Linc3berg attorneys at law, regarding P�endard� Inc, and the dravrings regarding Mendard, Inc. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Boardman said that the Special Use Permit was being requested for an outdoor garden center to be Zocated in the Menard�s parking lot. He said that Menard�s �vas attempting to decide if they rranted to operate a garden center or not, Ae said that the garden center rrould initially be an e�eriment to see if it rrould or urould not be to their advantage. Mr. Boardman explained the different drawings that had been received by the Commission, He said that his suggestion to I�fenard, Inc. was to place the proposed garden center next toJ along side the main Menard Cashway Lumber building. Mr. Charles Seeger representing Menard Cashia�ay Lumber said that the Special Use Permit lvould be to enable them to sell trees, shrubs and like items since they did carry lawn and garden supplies in their raain store. He said that initially it ivould be an experiment to determine if the garden center tivould be a profitable venture for Menard� Inc. He said that the garden center �vould be constructed neatly, He said they ��fould have bark chips on the ground rrith a split rail fence completely around the center, He said they erould sell trees and shrubs� etc. and he didn�t feel anything in the center would detract from the looks of the property. Chairperson Harris asked if the garden center would be next to the building. Mr. Seeger explained on the drativings tivhere the garden center tivould be located, He said it r�ould be located in front of the north side of the main building. He said that the garden center vaould be approximately 5,000 square feet, Chairperson Harris asked if the garden center e�oizld abut the ad�acent property. Mr, Seeger said that that the garden center tvould not touch or join or border on any adjacent property, , PLANP7ING COMMISSION MEETING - JANUARY 25. 1978 Pa�e 10 Ms, Schnabel asked if the area would have additional lighting, Mr. Seeger said that there would be no additional lighting used in the Garden Center. Ms, Schnabel asked if the garden center �vould have some type of greenhouse. Mr, Seeger said that they would decide on the greenhouse only if the decided to keep the garden center operating. He indicated that for the present time� Menard� Inc. was only Zooking at the Garden Center from an experimental standpoint. Mr. Bergman aslied if the Garden Center tivould be strictly a seasonal operation. Mr. Seeger said it crould be a seasonal operation. It would operate from Approximately Apri1. 1 through approximately the middle of July.� Mr. Bergman asked if the ordinance specifically addressed this type of situation in the Special Use Permit, Mr. Boardman said materials must be materials vras not Permit. that it stated that all outside sale of completely screened. If tke outsifle sale of screened it would have to have a Special Use Mr. Bergman asked that the Ordinance regardin� screening be read. Mr. Boardman read the ordinance that pertained to screening. It read that a specia2 use permit vras required if the enterprise had merchandise in the open and not under the cover of the display station. Mr. Seeger said that the initial objec�ive was to test market the program. Mr. Boardman indicated that <<�ith the addition of the 5,000 square foot garden center, the Menard, Inc. tivould have adequate parking facilities, Ms. Mary L. Mathews of 1259 Skywood Lane N.E., explained that Menards had origittally proposed that the product lines they proposed crould have been consumer oriented such as furniture, carpet, domestic paneling, cabinets, millEVOrk, appliances and re�aodeling material, They had intended to be strictly cash and carry and they did not intend to service large contractors. She then went on and explained all the changes in policy that had since occurred on the property as v✓ell as revierred correspondence that had been ivritten regardir_g the property. She �aanted to knorv why the public e�as now being requested to appear at a public hearin� when they had never been asked for their input on all the otiier actions that had been taken. At this point, Ms. Matheivs presented pictures to the Commission shoe�ing exactly what the bienard operation looked Iike from her property. The pictures depicted also the screen that �vas presently being used on the property. PLANNING COMMISSION MPLTING - JANUARY 25, 1978 Pa�e 11 Ms. Mathe��s vranted to knovr r�hy the neighborhood�s input eras being asked regarding the installation of a garden center ti�then they weren't asked when the ��huge" lumber expansion took place. Mr. Soardman said that it vras mainly because of ihe nature of the request for the garder� center where merchandise �vould be in the open and not under cover of the dispZay shotivroom. He explained that Menards vaas required to apply for a Special Use Permit to have such an outside display. Mr. Boardman said that Menards �vas allowed to have storage of inerchandise solely intended to be retailefl, The code read, "a].1 rar�r materials, supplies, finished goods, semi-finished products and equipment, not including motor vehicles, shall be in an encZosed building or screened on all sides from public vietiv by fence or other approved screening which ti�ras two feet higher than the highest item to be stored��, Mr. Boardman explained that the above r�as an allowed usage. He said that as the garden center r�ould not be totally screened� it-required_ a special use permit, He said that one of the requirements of the Special Use Permit tivas the notification of property owners tivithin 200 feet of the property, Ms. Mathe��s felt that she needed legal consultation and asked that the City Council not take action until she had the time to do so. She explained that the problems vrith the Menards operation had gone on for over 2� years and even though Menards �sa they vrant to be '�friends�� the,y have not done one thing that they said they uould do at all the meetings they have had. _�--._ Ms. Aiatherrs the meetings use study be be done. indicated that Mayor Nee had suggested at one of that had been held i��ith t4enards, that a density of conducted. She v�anted to request triat that study Chairperson Harris explained that the action at this time was to recommend to City Council and that the final action v�ould be taken by the City Council. He said that there �s�ould most likely be time betu�een the action taken by the Planning Commissi�n and the time it went to City Council for P1s. Mathevrs to get legal consultation. Mr. Boardman said that if the Planning Commissi.on sent their recommendation onto City Counci.l, it would be handled by City Council at the February 6, l97$ meeting, He said that If Ms. Mathe��as felt that irouldn't be enough time to adequately prepare for legal counsultation� he suggested she bring it up to the City Council at that time for their consideration, He said that final action ti�rould not necessarily have t.o be taken on February 6, i97s. �,<__ PLANNING CONU4ISSION ME�TING - JANU�RY ?5� 1978 PaKe t2 Mr. Bergman said that teJO things ti�rere really being discussed. One r�as ihe Special tJse Permit request which the Ordinance does provide for under certain conditions. He said it vras the matter of tvhether or not the zoning code or the city ordinance provide for the type of thin� that the petitioner v�as requesting to do. He said that the other thing being discussed e�as the auestion of neighborliness on the part of Menards s�here there tvas alvaays background of citizenry complaints and an impression of lack of attention by Menards. He said that eight separate letters had been included in the package that the Planning Commission had before them regarding nuisance type subjects, He said that he had the impression that the neighbors are basically upse�with Menards in general, Chairperson Harris said that it �aJas his assumption that it tivas much ��deeperr' tkan the fact of Menard's neighbor2iness. Mr. Boardnan said that Menards i��as locate@ in a C2S zone. He explained that the inside operation tivas definitely a retail operation. He said that v�hat made this particular operation.que�tionable for this particular zoning was the outside lumber operation that they e�ere presently involved in, Holvever, he said that the outside lumber operation was the accessory use of the storage of inerchandise solely intended to be retailed by a related and established principle use. Ms, Mary E. Cooney of '759-113th Avenue NE said that she owned Lot 8 of Auditor's Subdivision No. 94. She said that she �ras definitely against MenardU having a garden center. She said that she had had so much trouble �vith Menards, She said she had a21 their trash on her property. She said she had hired someone to cut the grass on her property because Menards kad complained her grass needed cutting. She said that the person she hired erouldn't cut the �rass because he ti�ras afraid of �>>recking his movrer on a1I the trash that vaas on the property, She said that instead of P4enards having their snow hauled ai�ray, they dump all the snovr on her property. She said that Menards refused to pay her rent for the property. She said she sent them bi11s but that they totally ignored them. She said she didn't e�ant any more garbage and the garden center v�ould only increase the garbage already present at that location, Chairperson Harris pointed out that the Garden Center would not abut her property. Ms. Cooney said it didn't matter. She vaas still against any garden center going in at that location. 5he didn't like the idea that she had to pay taxes on her property and then Menards is able to use it free of charge, She said that the Menards operation was already a dirty operation and they didn't need a garden center that v�ould only add to tke trash problem. �,,.. . � PLANNING CQN[MIS�ION t4rrTTNG - JANUARY 25. 1978 Page 13 Ms. Suhrbier indicated that in a letter dated April 20, 19�7, Mr, Lawrence F. Menard had said he had offered Ms, Cooney the proposition that he would keep her strip of land picked up, mowed and maintained short of waiering and landscaping, Ms, Cooney said that Menard's couldn't keep their otivn property clean and she vranted them to leave her land alone. She said that she vrould gladly take care of her property once they removed their trash from it. She asked if there vreren't any codes to take care of the trashy conditions of Menard's. Chairperson Harris said that something would be attempted to take care of the problems, Ms. Cooney said she would give Fridley a chance to do something. She said that if they didn't want to have Menard�s clean up their property she lvas going to contact the State Health Department, She said that she did not vaant any garden center going in on their property. She suggested they put the garden center inside their building if they feel they have to have one, She said that she had enough rubbish ta clean up from them nov�, and she didn't want a garden center in the parking lot that would only add to the trash problem. Mr, Ron Lang of 1278 Skywood Lane brought up the point that there was already so much traffic problems in the area at present, He said that yhortly work was to be started at the intersection of 53rd and Central. He said that the highv�ay work itself wi11 ad� to the confusion, without also trying to experiment with a garden center, He said that if P•fenard's really tivanted to attempt to experiment with the possibility of a Garden Center, they should wait until that intersection improvement was completed. He said that they really tivouldn�t get an accurate study while that construction was taking place. Mr. Lang suggested that a Special Use Permit not be granted at .thas time, He felt they should wait until that intersection update was completed. Ms. Schnabel ivas the Fire Lane in they did not have building. concerned that I�4enard's did not properly maintaitt front of their building. She also said that delineated pedestrian path in front of the Mr. Seeger said that during the winter they did have trouble keeping the cars parked far enough away from the building. He pointed out that the garden center arould not be in operation in the winter, so it r:ould not add to thai particular problem, fi.e said that in the summer people �vould be able to se� the lines, and usually abided by parliing where it was indicated. � �,_. d PI,ANNING CQMMISSIOPd MEETING - JANUARY 25, 1978 Pa�e 14 Mr. Seeger said that they did offer to clean up Ms, Cooney's property of not only the debris that vaas from iheir operation but alco any debris that tivould come off the freevray. He said they had been told to stay off her property. Mr. Seeger said that the PA Systems have been repaired to the best of their ubility. He said that the systems.have been turned a��aay from the neighborhoods. He said that they have decreased their use of the paging system to about six times a day compared to much more at this time last year. Mr� Seeger said that Menard's had completely repaved the entire rear section of the parking Zot, He said they had put up fences when they were requested to. He felt they had done about all they could possibly do. He indicated that he could appreciate the surrounding home oemer�s feelings and he said Menard�s had tried to be reasonable people and get along with the community. Chairperson Harris asked if Mx. Seeger was prepared to discuss some of the items that were mentioned in a letter from Hagerty, Candell and Lindberg, Attorneys at Law. He said it was his feeling that a Special Use Permit woul.d probably compound some of the problems. Mx. Seeger said he could discuss most of the situations. Chairperson Aarris asked vahat the Garden Center's kours would be. Mr. Seeger said they tivould be the same as the store hours. He - said it ��rould not be a late night operation, Chairperson Harris said that it tvas stated that Menard's seemed to be rather unbending in their position regarding some Iate night operations involving drop-shipment of lumber. Atr. See�er said that they presenily did not encourage shipments arriving after S:OO P.M, He said on occasion trucks did unload their shipments after that time, however, he said that since they had been requested to cease their late night drop-shipments they had not done so, He said that Menard's �aould continue to hold such evening trucking to a minimum so �ong as it was able to do so and carry on its business Chairperson Harris said that the PA System situation seemed to be the �reatest problem area. Mr. Seeger said that the use of the PA System was decreased considerably. He said everything has been done to the best of their ability, He said it was not Menard�s intention of aggravate anyone. IIe mentioned that they did have a business to run. PLANNIN6 CO�QISSZQN MEETING - JANUARY ?_5, 1978 Pa�,e 15 Mr. Langenfeld indicated that Mr. Seeger had ali�rays, in the past, rrorked �vith the City to the best of his ability. Mr, S�e�er indicated that t�4enard�s had not been •drop shippin� late at night since the issue <<ias made last spring. fte said they had rare, occasional probler�s rrhen they had a great deal of merchandise being received from the distribution centers. Iie said on such a oiven day, they have had up to five tractors break dorrn r�hich rrould leave the reraaining tractors to do all the hauling. He'said, that since people erere usually iraiting for the merchandise, the unloading vrould have to continue until it was completed. Mr. Seeger said he wasn�t sure of v�hai actually started the problems ar rrhen, but he said r4enard�s did not lvish to have these problems on a continual basis. He said he vras v�illin� to r�ork with the people and the city to preserve the in�egrity of the business. Mr. Bergman referenced a letter dated April 1g, ig77 to Mr. Larry Menard regarding refuse storage and collection, He said that in the letter the Menard�s-Cash�vay Lumber company was informed they vrere required to clean and maintain the areas free of all the refuse found cieposited there. He said the letter vlas directed tovrards the drainage ditch north of the parking loi. Ae asked if it vras Ms, Cooney's property that the letter ��ras referring to. Ms. CooneyTS brother said thai it tivas comraon for Menard's -�- to dump trash on thai property all the time. Mr. Bergman said that Mr, Steven J. Olson, the Environmental Officer, had directed tdenardts to clean up that property, but he unders�ood the fact that Ms, Cooney did not ti�rant Menard�s on her property, Ms, Cooney commented that that �vas exactly �vhat she wanted Menard�s to do, She said she lvould cut her otvn grass and maintain the property herself. She said all she wanted rras for Menard's to clean up all their irash from her property. Mr. Seeger said that had been their original intent. He said they had agreed to clean up the property and to maintain it for Ms. Cooney also. Ms, Cooney said she ivould take care of her oivn property; she just wanted them to keep their trash off of the property. Mr. Seeger said thwt those terms r�ould be most agreeable to Menard's. PLlLNNING CQt4MISSION M�ETING - JANUABY 25. 1978 Pa�e 16 Mr. Langenfeld pointed out that in the past, Menard's had not alerays been cooperative crith the City.. He also said that �'if" they ti�rent ivith Mr. Lang's su�gestion he definitely agreed with a complete study of fire Zanes, traffic flow, generaZ safety, proper remava2 of rubbish, and proper clean-up of premises daily. In other v�ords, he said, give b4enard's a means of shotiving City a genuine display of good faith. Mr. Dennis L. Schneider, Second ;'dard Councilmember, indicated that the problems �vith the Menard's operation had been going on for a long time. He said tkat one point in time there had been a meeting bet��reen the residents and Mr. Menar@ at City Ha11, He said that everyone came out of that meeting thinking that an agreement had been reached; hotivever, nothing really changed. He said that it vras his general feeling that Menard�s had not been cooperative. He said they had noi responded to the correspondence that the City Attorney had sent them. He believed that something did have to be done. Chairperson Harris suggested that Mr. Schneider, Mayor Nee, himself, and the neighbors have another meeting to attempt to solve the problems involved lvith the�situation at hand. Mr. Seeger said that he Svas sure that some type of agreement could be reached at such a meeting. He said that there �vas really no vray they �vould be able to make 100/ of the people satisfied 10�5 of the time. Chairperson Harris said that it had come to the point that something definitely had to be done. He said that he understood thai Mr. ,Seeger only tivorked for a Company and that there E�as an expense point ta consider us far as Menard's taould go on remeding the problems but he felt there 4vas some comman ground that could be found to help solve the situations. He said he didn't think Menard's vranted the bad public relations, and the City did not t�rant any more of the ��mess�� to continue, and the xesidents vranted some solution to their problems. Chairperson Harris asked if that t*rould be agreeab2e to the residents ihat ��rere present at the meeting. Ms. Mathevrs said that it rJas most agreeable with her. She hoped that the planned meeting rrould finally take care of the problems, She said she urould rrait until after the meeting to decide if she tivould sti11 need legal consultation. Mr, I,ang pointed out that most of the nuisance complaints �vere not all costly items to correct. He said that they basically needed coopera�ion. BLANPiING CO:�dISSI�N t4EETI^IG - JANUARY 25� 1978 Pa�e 17 MOTTON by t�ir. Bergman, seconded by Ms. Suhrbier, that the Public IIearing: Request :or a Special Use Permit, SP {�78-01, by htenard Cash•�vay Lumber: Per Pridley City Code, Section 205,101, 3, N� to al].ovr the deveZopment of a 5�000 square foot garden center in the parking lot, on Lot 9, Auditor�s Subdivision No. 94, the same being 5351 Central Avenue i1,�. be continued until such time that there has been a meeting of Menard's management, of concerned citizenry� and City administration to resolve existing conflicts/grievances. Upon a voice vote, all voiing aye, the motion carried unanimously. Chairperson Harris declared a break at 10;20 P�M. 3. PR�SENTATIOPd BY ETIVIRONMFNT�IL COyQ4UNITY S�RVIC�S INC, MOTION by Mr. Langenfeld, seconded by Mr. Beroman, that the Planning Commission receive the correspondence from the Envirnomental Community Services Inc, dated January 23, 1978, regarding litter receptacles and litter pickup for both Cities and Shopping Centers in the local area, Upon a voice vote, all voting aye, ihe motion carried unanimously. Mr. Boardman indicated that the gentlemen from the Environmental Community Services, Inc, vaere present at the meeting to give a presentation of a trash receptacle/advertisement scheme that they had. He explained that the reason the item c✓as brought before the Planning Cor.ucission �ras because of the advertising value of the trash receptacles that they had, He s�id that it may have been in violation of the Si�n Orc3inance because it could be classified as a"billboard use". He said that the billboard type use rrould only be allowed in specific cases. Mr. Richard C. Gillespie, President of Environmental Community Services, Inc., located at 2810 - 57th Avenue North, Suite 435� Brooklyn Center 55430. He introduced to the Commission the other members of the Company. Mr. Jack Lindskog� a retired Chief of the Navy� who had Much experience in �uality Control, hir. Gillespie commented that it ��ras his belief that to make the business successful the key rrould have to be quality, He said that Mr. Lindskog rras the regional planning director of the Metropolitan Area. Dr, Vernon L. Stintzi, ivho had extensive years in executive manage:nent, iras a profe�sor in a graduate business school, hir. Stintzi vras the Re�ional rianager for the Metropolitan Area, He would be viorkin� i•rith tl:e City �a?ting sure the Co�pany adhere� to the contracts as rrell as perform all the promised services. .,,_.: PL_ANNING COMMISSION MLT;TING - JANUARY 25 1978 PaPe 1$ - Mr. Gillespie said that, at the su�gestion of Mr. Boardman, he had contacted Mr, P4ark Ha��erty, the President af the Chamber of Commerce, i•ir, Gillespie said he had•spent close to an hour i•rith the gentleman and that Mr. Haggerty had been very favorable to the idea. IIe said that many of the ideas of the �nvironmental Community Services, Inc, vrere in close relationship to some of the ideas that the Chamber of Commerce tivere thinking of in terms of possib7e garba�e.pick-up ideas, Mr. Gillespie said that some of the services that v�ould be provided by �nvironmental Community Services, Tnc. would be: Trash receptacles at no cost to the City. Trash pick-up at no cost to the City, The units rrould be kept clean and maintained at no cost to the City, They vaould provide liability insurance at no cost to the City. A tamper-proof unit vrould be provided Low cost advertisement v�ould be offered to businesses P�ould adhere to community standards on advertising. He said they r�ould not discriminate but they would not try to seek pornographic advertising or liquor advertising. Mr. Gillespie said that there were three ways to lo5e a business; 1) poorly managed; 2) "Lousy�' idea; 3) Poorly funded, Mr. Gillespie said that they intended to make sure they moved at a pace that they �vere properly funded. He said that after they had 60% of the advertising for 100 units; then they vrould have another 100 units and so on. Mr, Gillespie said they had a service that was timely in keeping with the philosophy of the area business people� Mr. Gillespie said that they intended to be a permanent business which tivould take a leadership role in environmental services, Mr. Gillespie pointed out ivhat would be needed by the City of Fridley: 1} Approval to place the units; 2) Place to put the trash at no cost to them; 3) Cooperation of placing the units. Mr. Gillespie said that it wasn't the intent to place units where trash receptacles wouldn't be needed. PLANNING COMMISSIlN MEETING - Jt�NUARY 25� 1978 Pa�,e 19 Mr. Bergman v�anted to knocr exactZy who would be burdened v�ith the cost of the litter receptacles, Mr. Gillespie explained that the Gity of Fridley vrould basically not be a customer and they wou2d not pay ihe cost. He said that the businessgerson of Fridley cvould be the custom�-. He said that the City of Fridley could buy ndvertisement and they urould have to pay the same price which would be bet�reen $i8 and $z5 per month. Mr. Bergman said that there sesmed to in the proposal: The City of Fridley for apnrova The Customer for advertis].ng to and the Environmenta2 Cammunity waste receptacles. be three parties involved 1 of the v�aste receptacle; go on the �vaste receptacles; Services, Inc. that ovened the Mr. $ergman asked for confirmation of the fact that there wauld be no cost to the City of Fridley. Mr. Gi2lespie said that the customer would pay the cost for advertising on the tvaste receptacles; he said there would ' be no cost to the City, other than someplace for the Company to put ihe trash. Mr. Bergman asked if the City would have the opportunity to do some "free�� advertising on the waste receptacles. Mr. Gillespie said that when the Company had sides not being used on the �vaste receptacles, they ��rould make those sides available free to the City. He said that they would have to pay for their own szgns. Ms. Schnabel asked if the Company had a contract with any other city at the present time. Mr. Gil2espie said that they did not have any contracts at the present time. Ae said they had talked to people in Brooklyn Park, Brooklyn Cenier, Crystal, Golden Valley, Minneapolis, St. Paul, and Fridley. Ae said that they haven't talked to anyone that didn't think it v+as a good idea. He said that they rvere getting good receptivity from all the communities, He said that the only thing that had to be looke@ at were the Ordinances of the communities. Mr. Boardman asked how the Environmental Community Services, Inc. wou2d maintain the litter receptacles. Mr. Gillespie said that they would have milar 2inings in the receptac2es that they would take out the old one and replace with a new one each time. He said that they also owned a power washer unit that f4t in the back of a pick up. He said that the units would be spray cZeaned and �viped dotivn each time the trash'�vas picked up. He said they would clean them in a12 seasons. He said that they vrould wash the insides of the unit� as it ��rould be nece�sary. P�,AI3NING COMM7SSZON NSPETING - JANUARY 25� 19?8 Pa�e 21 Mr. Bergman asked if people would reall,y pay to put advertisement on trash receptacles. Mr. Gillespie said that it vrould be pedestria�i advertising, He said that the advertising i•rould be easier to see than the advertising that vras put on top of buildings and high in the air. He said that the advertising would be eye level �vith the people tivalking and people driving on the Gtreets.. He also pointed out that some of the smaller �businesspe�ple could not afford to advertise on the big bil.lboaras. Ms. Suhrbier asked hotiv often the trash would be picked up from the receptacles, Mr. Gillespie said they rJOUld be emptied as often as tivould be necessary. Mr. Langenfeld asked if indicating tiahat type of type of advertising got. any type of study had been conducted return the individual v��ho used that Mr. Gillespie said that that type of study had never been conducted. He did indicate that a survey had been conducted in some communities that had similar Services and that g7% of the people surveyed had been "for'� the units and had liked the rJay the advertising vras presented and they liked the style of the units. He said that the units would be tamper-proof containers that erould be for pedestrian use only. Mr. Boardman said that one of the things that tvas being requested by the City of I'ridley was a"place to pu� the trash at no cost to Environmental Community Services Inc," He wanted to know tivhat they meant by that request. He said that the City of Fridley eras not in the rubbish hauling business. He said that they did not have a City Dump, Mr. Gillespie said that there tirere some cities that did have areas wheretrash haulers could dump at no He said ihat the Company did not r�ant to ha otim dump someplace to haul the trash out of Ae said that if the City of Fridley had an place vahere they �vere presently having the his Cornpany would want to buy into that cost to them. ve to build their the City of Fridley, agreement raith so�ae rubbish hauled to, agreement. Chairperson Harris explained that I�'ridley did not have a City Disposal area. He szid that presently each resident of Fridley contracted on their otivn to have their trash hauled a��ay by private haulers. PZANNIPIG COMMISSION M�ETING - JANUARY 25� 19'z8 Pa�e 22 Mr. Boardman said that Environmental Community Services� Inc. had mentioned that the City i•rould hace some type oF control over the type of design of advertisement that �vould be used. He wanted to know what they meant by that statement. Mr. Gillespie said that they vrould meet 1�rith the City to get their assistance in developing the quality control of the signs. Chairperson Harris said that to do the above, it �vould take some special a�reements betrveen the City and Environmental Community Services. He said that the City Ordinances did not provide for any regulation of advertising copy. Mr. Gillespie said it could be written into the contract/ agreement. Mr. Boardman asked what type of arrangement could be made with the Company ta have trash receptacles in the Park Facilities. He said that if they decided to use that type of receptacles in the Parks, they probably wouldn�t want the advertisement on them; horrever� they may v�ant to utilize them for notification of park/playground activities that were available. He wanted to know what type of costs they would be talking about. Mr. GilZespie said that there may be a point that the City of Fridley would want to purchase some of the receptacles themselves. He said he tiarould be vrilling to indicate tivhat the Company paid for the units, and with a reasonable profit� they t�tould sell the units to the City. He said there would also be a possibility of a lease agreement bettveen the City and the Company vJhere the Company vrould ovrn the units and the City of Fridley v.�ould rent them, He said that in that case� they �vould pick up the trash and maintain the units the same as they tivould do for the other units that v✓ould be used for advertising purposes. Mr. Boardman asked i�rhat the tops of the trash receptacles were made of. Mr. Gillespie said they were made of fiberglass. Mr. Lindskog explained that there lvas a new plastic in existence called lexan erhich tivas a very durable plastic that had eight times the resiliency -chan there vaas in fiberglass, He said that if the Company vrould discover that due to �veather conditions or vandalism the fiberglass wasn't holding up, the Company rrould have to provide the more expensive lexan cover, Mr. Langenfeld asked if there vrould be a�'blanket" liability insurance coverage for all the units in the City of Fridley. Mr. Lindskog said that the issue would be discussed �vith the Iicensed insurance carrier for the State of Minnesota. P�NNING COMMISSION MEETING - J11I�iUARY 25. 1978 Pa�e 23 Chairperson Harris asked how the propo�ed signage fit into the present Sign Qrdinance in the City of r^ridley. Mr. Boardman said that the ��Billboard" definition was "advertisement on a property that doesn't pertain to that property". He said that the proposed signage would fit into that definition if the advertisement on one of the sides of the container tivas not located at the same locaiion as the trash receptacle. Nfr. Bergman said that a billboard was clarified as a permanent structure also, and the proposed signage did not fit that classification. He didn't believe that the current sign or@inance related to vrhat the Environmental Community Services inc. ti�ras proposing. Chairperson Harris asked what size of advertisement would be put on the littier receptacle. Mr. Lindskog said that the signs �vould be 21 inches by 22 inches. He said that he realized that ti��hat they s��ere proposing was a unique thing and that the item would most likely have to be carefully reviewed. • Mr. Lindskog showed the Commission an example of the types of bolts that would be used to secure the top of the container to the cement unit. He also explained to the Commission hor� the signs would be inserted into the units. He said that a good- type of plastic �vould be covaring the face of the advertisement. Mr. Stint2i indicated that the Company rotated the panels during the first vreek of each month. He also pointed out that the entire unit �vould be rotated a+ least once every 75 days so that no one side/panel tivould constantly be located at the same angle. Mr, Langenfeld said that from the Environmenta:L standpoint the litter receptacles vJere aesthetica].ly pleasin� and feasible. Chairperson Harris asked what the Environmental Community Services was looking for from the Planning Commission. Mr. Gillespie said they had submitted an agreement that they wanted to get approved.' He said that they were basically looking for the City Council approval to be able to l�cate their trash containers on the streets of Fridley. Ae said that the sooner they could get approval, the sooner they could get contracts for the advertisements, and the sooner they would start to receive the income. Mr. Lindskog said that they tivere not requesting a short-sited venture. He said they vranted a long (ten year) contract to let the City of Fridley knora that they truly intended to be around for a long time, Chairperson Iiarris explained that the contract would probably only be agreed upon for one year to enable the City to be sure that vrhat was being proposed was really tivhat they wanted. He said that there vrould most likely be options on that contract for renevral. Mr. Boardman said that what had to be considered from the City�s standpoint ��ras tivhether they rrould allow that type of advertising operation. He said it �vould have to be decided if permits �vould be needed for those signs; and if they were needed, do those signs fall vrithin the regulations of the Sign Ordinance. He said that if they did not fa1� i��ithin the regulations of the Sign Ordiaance, a�hat types of variances wou2d be needed or vahat kinds of amendments to the Sign Ordinances wouZd be needed to allow that type of advertisement or that type of signage, Mr. Boardnan said that it tvas certain that the City of Fridley vrould erant control of the signs that went on those trash receptacles. He said that the City would want limited eontrol over the copy of the signs. Mr. Gillespie said they were open to any and all competition. Iie said that the operation vras not patented nor was the trash receptacle. MOTION by Ms. Schnabel, seconded by Ms. Shea� that the Planning Commission recommend to City Council approval of the concept of the refuse disposal units as proposed 'by Environmental Community Services Inc. �vithin the legal limits of the sign ordinance �vhich may require so�¢e amendment and with tke understanding that the City, by contract, with Environmental Community Services would have limited control over the copy of advertisement placed in the units. Chairperson Harris said that there should be a contract bet�veen Environmental Community Services Inc and the City and it v�ould have to be stated exactly how they intended to handle the business as �aell as the dumping arrangeraents. tTPON A VOICE VOTE, all votirig aye, the motion carried unanimously. �. REC�IVE HUI�fAN RESOURCES COMMISSION MINUTES• JANUARY 5 1978 MOTION by Ms. Shea, seconded by Mr. Bergman, that the Planning Commission receive the January 5, i978 minutes of the Human Resources Commission. Ms. Shea said that some recommendations v�ere made on the Maintenance Code that the Commission wanted to go onto City Council. UPON A VOICE VOTE, all voting aye, the motion earried unanimously. The minutes were received at 11;t�0 P,M, �� P�ANNING COMt4ISSI0P1 M�3'TING -'JANUARY 25� 1978 Pat�e 25 5. RECBIV� PARKS & RrCRrATION COMMISSION MINUTES: MOTION 6y Ms. Suhrbier, seconded by Mr. Langenfeld, that the Planning Commission receive the Parks and Recreation Commission minutes of January 9, �978. Ms. Suhrbier said that on Page 61 she hadn't felt that the actual item vJas made clear. She said they tivanted to work for the younger kids to get earlier ice time at the arena. Chairperson Harris said that he had discussed that item with Mr. Kordiak and Mr. 0'Bannon and they ��rould be looking into the obtaining of earlier ice time as well as more ice time. UPON 1� VOICE V�TE, all voting aye, the motion carried unanimously. The minutes arere received at 11:�.1 P.M. 6. MOTION by Mr. Bergman� seconded by Ms. Shea� that the Planning Commission receive the January 10, 1978, Community Development Commission minutes. Mr. Langenfeld referenced page 68, the third paragraph. He felt that the statement could be interrupted as ��nit-picking�'. Mr. Bergman said that Community Development vras unanimous in agreeing that i�rhen they vrould go through the Ordinances they vrould revievJ it, approve it� and make any recommer.dations or stipulations that they fel:t ��ould be necessary. He said that the Commission felt that they should not nit-pik tivords They felt that they should revievr the ordinances in terms of its content, general direction; ehallenge it as to �vhether it �vould be good for the Ciiy. He said it �vas felt it should be decided if the ordinances tivere meaningful and if they arould be reasonably enforceable. It should also be deczded if the particular ordinance being revie�ved made sense for the City of Fridley. Chairperson Harris �anted to knolv tivhat �vas meant by the statement made by Mr. Acosta on Page 69, third paragraph. Mr. Boardman said that what vras usually being looked for vahen a proposal goes before the Commisszons was a feel as to the direciion that the proposal should go. He said they wanted to know if the content of the Plan tivas adequate to da the things that the Commission felt the Plan should do, He said that if rvas decided that it evasn't adequate, then they lvanted to kno�v why it wasn�t-adequate. He said they didn't need to know all the little c�ord changes unless the change of �vords wouZd change the entire meaning of the statement. PLANTdING COtdMISSIOPi MEETING - JANUARY 25. i 978 Pa*e 26 R Mr. Boardman said that hopefully vrhen the proposal was typed in £inal form, all the vrords would be put in the proper perspective, He said thai as long as Staff gets the general direction, they can work from that point. He felt that many times the Planning Commission ��vaasted" a lot of time nit- picking vrords. Chairperson Harris felt that anything to was the responsibility of the Commission. sometimes a lot more time had to be spent because of the content of the proposal. do with the Community He felt that going over proposals Mr. Boardman stated that he believaithe Parks and Open Space Plan rras probably the single, most important document the City of Fridley i^�ou1d put out this year, because it v�ould have the most meaningful effect on the citizens. He felt that a lot of ineaningful discussion had been occurrin� at the Planning Commission level. He indicated that he still vaas concerned about some of the nit-picking that had gone on. UPON I� VOICE VOTE, aIl voting aye, the motion carried unaniraously. The minutes rJere received at t1:59 P,M,- MOTION by Mr. Bergman� seconded by Ms. Schnabel, that the Planning Commission concur rrith the Community Development Commission to recommend to City Council the discontinuance of the Bike�aay/t"Jalkiaray Project Committee� and that any further involvement be referred to the Community Development Commission. In addition, that City Council send to current members of the Bikecray/ti'Jalkvaay Project Committee a notice to this effect and . a thanks for their efforts, UPON A VQICE VOTE� all voting aye, the motion carried unanimously. 7. CONTINUED: PARKS & OPEN SPACE PLAN: MOTTON by Mr. Bergman� seconded by Ms. Shea� that the Planning Commission continue the Parks and Open Space Plan. Upon a voice vote, aZl voting aye, the motion carried unanimously at 12:03 P,M. 8. OTHER BUSINESS "BEST HOUSING BARGAINS AR� IN THE INTIER CITiPS'! Ms, Schnabel had a copy of this article from the Sunday, January 22, 1978� newspaper made for each of the members of the Plannin� Com�ission. She pointed out that tvro of the items she had bracketed in the article that she felt the Gity of Fridley could take into consideration. Ms. Schnabel explained that at the January 24, 1978, Appeals Commission meeting they heard the renuests to construct houses on 4Q £oot lots, She said that thc recult of the meeting rrns that there v�as a motion to deny the requests. , i'LANNING COMMISSION Mi�ETING - JP.PJUARY 2,�, t978 Pa�e 27 She said that vrith a7.1 the revietiving of. the situation of 40 foot Iots, she has had a lot of problems of what tivas to be done ti��ith the rehabilitaiion of a lot of the existing structures in Fridley that needed 1�rark done to bring �hem up to habital dtivellings as well as substantial homes to have on the tax roles. Ms. Schnabel said that she brought the article to the Planning Commission so that they might discuss at some time the ttivo points she had bracketed. Ms, Schnabel said that the one point ti=�as that perhaps there should be a separate housing code for the rehabilitation, somevahat less stringent than those housing codes for new housing. She said that the facti �vas that in rehabilitating drrellings, a lot of the work sometimes was done by the individual that ormed the dti��elling. Ms. Schnabel said that the second point tivas that the city of St. Louis offers a 10-year abaiement on property tax for those people that improved their homes, She felt that tivas another thing that the City of rridley could consider especially in the Iiyde Park area. She said that perhaps ii the peaple in the area had some type of tas abatement .they may be more v+illing to put their moneq into their av�n homes, Ms. Schnabel requested that the item be put pn the Planning Commission agenda in the near future. "ENPRGY COMMISSION" Chairperson Harris indicated thai at the January30, 1978, City Council tiVorlishop meeting �vould be discussing the ��Energy Commission". He said that if any of ihe members of ihe Planning Commission had any thoughts on the item, they should plan to attend that meeting. AD30URI�TMENT - MdTION by Ms. Shea, seconded by Mr. Langenfeld, to adjourn the January 25, 1978, Planning Gommission meeting. Upon a voice vote� all voting aye� Chairman Aarris�declared the.P�anning Cormnission meeting of January 25, 1978 acljourned at 12:09 41.M. ' Respectfully submitted, %7% ,e2, ` rfaryLee Carhill Recording Secretary FRIDL�Y ENVIRONMENTAL COMI�fISSION. MEETING JANUARY 17, 1978 MEMBERS PRESENT: James Langenfeld, Bruce Peterson, Connie Metcalf, David Sabistina MEMBERS ABSENT: OTHERS PRESENT: CALL TO ORDER: Lee Ann Sporre gay Leek, Planning Aide Chairperson Langenfeld called the meeting to order at 7:40 p.m. APPROVAL OF DECEhIDER 20, 1977, FRIDLEY ENVIRONMENTAL COMMISSION MZNUTES: Ms. Metcalf.stated that on Page 5, "Continued; Recycling Projecc Covunittee Report," Mr. Lgngenfeld must have misur.derstood her. She stated she aanted it in the record that the Recyclir.g Project Committee had not dissolved; it was in tact and sti11 functio:�ing with only two members resioning. She stated she had wanted to advertise for more members to get a greater representation from different parts of the city, MOTION Uy Bruce Peterson, seconded by David Sabistina, to approve the December 20, 1977, Fxidley Environmental Coum�ission minutes as amended. Upon a voice vote, a11 voCing aye, the motion carried unanimously. Referring to page 6, second to last paragraph, Mr. Langenfeld asked Mr. Leek if he had written the letter to the chairperson of the Metropolitan Council indicating the need for water resource data. Mx'. Leek stated there had been no direction from the Commission for him ta do so. Ae felt it would be more appropriate for someone on the Commission to do it, especially since he was not in attendance at this particular seminar. Mr. Langenfeld asked Mr. Leek if he would check on this wiCh Ms. Sporre. APPROVAL OF AGENDA: MOTION by Connie Metcalf, seconded by Bruce Peterson, to approve the agenda with the following two additions: CENCOAD - Ite.m A under "Other Business" purthex Development of Energy Commission - Item B under "Other gusiness" Upon a voice vote, all voCing aye, the motion carried unanimously. FRIDLEY ENVIRONMENTAL COMMISSION MEETING JANIIARY 17, 1978 - PAGE 2 CONTINUGD: NOISE CONTROL ORDINANCE: Mr. Leek staCed he would try to bring the Commission up to date and give the Commission an idea of why it was on the agenda again,. He stated the Community Development Ccmmission had been loaking at the Noise Control Ordinance. He had read the minutes from both of the meetings at which the C�unity Development Commission had discussed the ordinance. In response to some of thz concerns they had regarding enforcement, definitions of the Noise Control Ordinance, and certain other items, he had written the Community Development Commission a memo indicating what the situation was wi,th regard to the consideration of the Noise Control Ordinance, what changes would be made, irrespective of what kind of draft would eventually be passed by Planning Coamiission and City Council. Mr. Leek stated that Mr. Steve Olson, Environmental pfficer, had looked at the Noise Ordinance draft and, in a conversation with Mr. A1 Perez, gtate E.P.A, had come to the conclusion that there seemed not to be a great noise problem in Fridley and it might be best for the Citq to design an ordinance in which it simply adopted State Standards for noise pollution control and detailed enforcement. Obviously, that could be done at Planning Coc'.mission level, but in a discussion wi.th Mr. Boardman and I�. Olson, L'hey had come to the conclusion that perhaps the Environ= mental. Cocmiission would like to have the oppor.unity to cons9_der that matuer and decide if they wanted tu issue an amended ordinance. If not, it would be up to Planning Commission to do whatever they chose. �o, it was a question of adopting State Standards and �oriting ii:Co the books an enforcement procedure or adopCing a new ordinar,ce Uased on St. L�uis Fark's and Bloomington`s ordinances. The problem Mr. Otson saw with that was perhaps the city might have trouble enforcing an ordinance more stringent than state regulations. Mr. Le.ek stated that he would go through the ordinance and indicate the recocnmended Staff changes. The Co�ission could then give their recommendations. gection 124.02 Federal OccupationaZ Safety and Health Act Mr. Leek stated that it was Mr. Olson's feeling that this section was not necessary in a Noise Control Ordinance--that it was simply picked up out of the Bloomington ordinance. Mr. Leek stated he agreed with Mr. Olson as it didn't really get to the point of noise control. NOTION by Connie Metcalf to delete Section 124,02 from the Noise Control prdinance. The motion died for lack of a second. Mr. Peterson stated he felt it should be adopted as it was adopting a gederal regulation. FRIDLLi' ENVIRONMENTAL COMMISSION MEETING JANUARY 17, 1978 - PAGE 3 Ms. Metcalf stated she could not see why it should be adopted again if the City already had adopted it. Mr. Leek suggested that if, in fact, it was already adopted in the City prdinance, that reference be made to that section of the City Code. MOTION by gruce Peterson, seconded by pavid Sabistina, that if O.S.H.A. was already adopted in the Gity Code, that it simply be referred Co in ; Section 124.02. If it was not already adopted in the City Code, gection 124..02 should be Left in tact in the Noise Control Ordinance. Upon a voice vote, Langenfeld, Peterson, Sabistina, voting aye, Metcalf voting nay, the motion carried. 124.03 Minnesota State Regulations (NPC4) "Motor ��ehicle Noise Mr. Leek stated that another consideration was that this ordinance defined that noise sources would be measured on the property'line of the source. There seemed to be an overwhelming feeling that it would be best to measure noise sources on the property line of the receiver. To that extent, the ordinance as drafted was more stringent than state standards. Mr. Lee.k stated the recommendation oras to adopt the State Noise Regulations or Standards which were measured on the line of the receiver of the noise rather than on the property line of the soutce. MOTION by Bruce Peterson, seconded by Conaie Metcalf, to adopt tne State Noise Regulations with regard to the noise being measured on the property line of the receiver rather than on the property line of the s�urce. llpon a voice vote, all voting aye, che motion carried unanimously. Ms. Metcalf stated that she wanted to point out that she felt co�missions had a tendency to pass things too easily. Legislatures did the same thing and there was a redundancy in so many laws that lawyers were g oing crazy because of so many overlapping laws. She hated to be a part of that. If the Commission could limit their output oE ordinances, they were r�ally doing a sexvice because there could be too much of the "6ig 6rother" thing and too many laws. gection 124.05 Noise Impact Statements Mr. Leek stated there was some concern that the procedure that was detailed in this draft ordinance would be too expensive a cost to impose on con- struction firms, developers, or individuais who were building homes. Mr. Olson had suggested that the provisions of the Bloomington ordinance be adopted or something similar, particularly as it related to single family construction. Mr. Peterson stated he could see it not being needed for residential, but industrial-type structures would be a little different. FRIDLEY ENVIRONMENTAL COtR4ISSI0N MEETING JANUARY 17, 1978 - PAGE 4 Mr. Leek read the following excerpt from the gloomington ordinance that Mr. 01son had suggested in relation to Noise impact Statements; "The City Official may require noise impact statements in association with, hut not limited to, changes in zoning classifications; the planning of a structure; or any operation, process, installation, or alteration which may be considered as a potential noise source." This gave the City the option to require a Noise impact Statement. T�e City aiready had a system set up for handling building pians when they came in. T1�e affected people in the affected departments checke3 over these plans for any given struc- ture; and if the structure complied with their area, Mr. Olson as Environ- mental Officer, and more than likely, the designated City Offi cial, would also review the plans to determine whether or not there was a potential noise source for that structure. If there cvas, a building permit would only be granted with the stipalation that a noise impact statement be submitted before construction. MOTION by gruce Peterson, seconded by David Sabistina, to add a General Provision allowing the City Official to determine whether an impact state- ment would be required after reviewing building plans, and to deLete the other paragraphs in this section. ' Nir. Peterson stated he thought they should still leave in information on the Noisa Impact Statement Requirements. Evea though the major tlirust was that the City Official caould determir:e wnether an ie!pact statement was required, they should still have the requirements. Mr. Leek stated that was Mr. Olson's concern, that he specifically felt these requirements would be too costly, but that did not preclude the possibilitq that it was something the C�ission mighC want to keep in. Mr. Peterson suggested that maybe Mr. Olson could look over these require- ments again and delete those he felt were too stringent, leaving some of them in. Mr. Leek stated that Mr. Olson had a memo which addressed more what his concems were in the Noise Impact Statement Requirements, Mr. Leek stated he could get a copy of that memo for the Commission. MOTION by Bruce Peterson, seconded by David Sabistina, to amend the ahove motioa to read that the City Dfficial would still determine whether or not an impact statement was required after reviewing building plans, but that some requirements should be included and that the rewording of some of these requirements should be considered so as not to he too stringent. pis, Metcalf suggested that may6e it could be stated that, "if such an impact statement was deemed necessary, it should include--" and then list the requirements to give some direction. TRIDLEY ENVIRONMEIv'TAL COMMLSSION MEETING JANUARY 17, 1978 - PAGE 5 � Mr. Peterson stated that was what he wanted to do, but they needed more input from Mr. OLson. Maybe he and the Gommission could exchange ideas and set up some guidelines that were not too stringent, UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. Section 124 07 Snowmobile Requirements (Re£er to Chapter 703.04) Mr. Leek stated that in this section, he had referred to Chapter 703 of , the existing City Code. Mr..Olson's feeling was that this was not stxingent enough and that regulations similar to those of St. Louis Park's ordinance should be adopted. Mr. Leek paraphrased Che St. Louis Park snowmobile regulations as follows; "No person shall operate a snowmobile unless it is equipged with a muffler as required by provisions of this section. All sno*a�nobiles shall ba equipped at all times with a mufflar 1n good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent noise pollution. The exhaustsystem sha11 not emit or produce a sharp popFing or cracking ' sound. No snowmobile manufactured on or after January 30, 1970, except those designed for competition purposes only, shall be sold or offered for sale unless it is equipped with a muffler that limits engine noise ' to not more than 86 dSR at 50 £eet. SnoFano4iles manu�actured on or after ' FeUruary 1, 1972, shall not be sold or offered for sale unless they are equipped with mufflers that limit engine noise to not more than 82 dBA at 50 feet, No snowmobiles manufacture3 after April 1, 1975, sha11 be offered for sale if ttiey exceed 78 dgL� at �0 feet. No person sha11 modify, alter, os repair a snown�obile or its exhaust system in any manner. that amplifies or otherwise increases Cotal engine noise above that emitted by the snowmobile as equipped according to Che manufacturer's specifica- tions, regardless of the date o£ manufacture." Mr. Leek stated that Chapter 703.04 of the City Code said basically the same as the second paragraph of the St, Louis Park ordinance, that "no snowmobile shall be operated unless iC has a muffler in good working order." Mr. Peterson stated it was his understanding thaC there was no longer any snowmobiling in the City of Fridley. Mr. Leek stated that, technically, there was no designated snowmoLiling area in the city; however, Sears had offered to allow the use o£ their property as a designated snowmobiling area, City Council was now considering it and, as he understood it, would appzove it. Mr. �.angenfeld stated he did not think they had to be that tough on snowmobiling as it was almost "ex tinct" in rridley. Mr. Peterson stated that the wording of the St. Louis Park ordinance on snowmobiling seemed funny. The ordinante should refer Co the operation of snowmobiles in Fridley, rather than be concerned about the sale of snowmu6iles in the city. FRIDLEY ENVIRONMENTAL COMMISSION t�ETING JANUARY 17, 1978 - PAGE 6 Mr. �eek stated that, as he understood it, what the Commission was coucerned about was that no snowmobile not complying wi.th the City's sCandards should be operated in the city. Mr. Peterson stated that "operation" was the key; therefore, the buyer was the one responsible and not the seller. iKr. Leek stated that the important question was that City Council was going to designate a snowmobiliag area and that area would be close in proximity to residential. Mr, Peterson stated if that was the case, then it would be more appra- priate to have that all incorporated in a Snowmobile Ordinance and ref2r to it in the Noise Ordinance. If there was going to be snowmobiling, there had to be some kind of ordinance to control it. MOTZON by Bruce Peterson, seconded by Connie Metcalf, that the snowmobile standards refer to the operation of non-compliant snowmobiles in the City of Fridley, rather than the sale of snowmobiles in the City. I£ there was going to be snowmobiling in Fridley, the City should have a Snowmobile prdinance. These standards could be covered in that ordinance and reference to the Snowmobile Ordinance coutd be made in Section 124.07 of the Noise prdinance. UF�n a voice vote, aIl �rotiug aye, Che motion carried unanimously. Section 124.08 Operati.onal Lzmi.ts, item {d) Re£use Hauling A�. Leek stated that P1r. 01son had stated that this essentialiy was covered in the Refuse Ordinance, Chapter 113.I0 0€ the City Code, so either item (d) should supersede the Refuse Ordinance or it should be deleted from the Noise Ordinance. Mr. Peterson suggested that if the Refuse Ordinance in the City Code was simi2ar to item (d), item (d) could 6e deleted with reference made to the Refuse Ordinance in the City Code. MOTION by gruce peterson, seconded by ¢onnie Metcalf, to refer to Chapter 113,10 0£ the City Code in item (d) Refuse Hauling, rather than restating that information. Upon a voice vote, all voting aye, the motion carried unanimously. Section 124.09 Public Nuisance Noises Prohibited, item �1) Horns, etc. Mr. Leek stated that there was some concern that some of the noises designated would be very difficult to enforce. It was suggested that they delete-item (1) and go simply with the statement in the first paragraph; "It sha11 be unlawful for any person to make, continue, or cause to be made or continaed any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others withiR the limits of the City." FRIDLEY ENVIRONMENTAL COr4dISSIOAI MEETING JANUARY 17, 1978 - PAGE 8 . CQNTINUED: RECYCLING PROJECT COMMITTEE REPORT - CONNIE METCALF: Ms. MeCcalf stated that the Recycling Project Committee was alive and well with approximately six�members. They were meeting once a month and had not yet formally written any goals and objectives. She and another memher had gone to Edina to see Edina's recycling center, which made a recycling center in Fridley seem more feasible. Edina's recycling center was very successful and did not take up much space. They had one trailer and two boxes. One of the trailers was used for magazines and the two boxes were used for newspapers. They filled two hoxes per week. Ms. Metcalf staCed she had just learned from a woman involved with recycling who also worked with the Girl Scouts on independent paper drives, that recycling did not reduce the amount of papers that could be collected for independent drives. This woman was doing both, and it had not affected their independenC paper drives. Ms. Metcalf stated she had talked to Mr. Steve 01son, Environmental Officer: about the possibility of sites in the city for the recycling center. They were . now investigaCing these areas. Mr. Peterson stated that something to consider with the recycling center was making it a center also for glass and aluminum if they could find a location; �aybe working something out with Reynolds Aluminum, for . example. He felt they needed to loolc into more things than just paper. Ms. Metcalf agreed that they should try to have the recycling of bottles 2nd cans and aluminum, thaC they were more important than paper.s, Mr. Langenfeld suggested that the Project Committee contact some companies that would be willing to furnish the trailer, take care o# the glass and cans with separate compartments, etc., and have the proceeds. Ms. Metcalf stated they had considered this and had talked to some companies. There were some real proUlems with letting these companies have the proceeds, because the success of the recycling center, based on volunteer heLp from the community in order to get people involved, was to ask for help from organizations and these organizations could then make money for their group, It was a problem of what to do with the bottles and cans, because they got liCtle money for them, �luminum would bring money, but very little was used now, and iC was so Iight that they did not get much money for it. What got the money was the papers,and they would have to use the paper money in order to cart away the bottles and cans. That was the only way they could do it. .�,� Mr. Leek stated he had discussed the matter with Dick Sobiech, Public Works llirector, Co find out what exactly had happened. He stated that a building permit was issued ior the 7-11 3tore wiCh certain stipula- tions. These stipulations did not include the signalization because FRIDlEY ENVIRONMENTAL COMMISSION MEETING JANUARY 17, 1978 - PAGE 7 Mr. Leek stated that, personally, he would suggest deleting item (4) YelLing, shouting, etc. MOTION by Connie Metcalf that items (1) through (11) of Section 124.08 be deteted leaving public nuisance noises up to the discretion of the City Official. Mr. Peterson stated that he disagreed, that it was easier to en£orce an ordinance it things were specifically spelled out. There was a lot more argument with a general statement and more room for arbitration from the offending party. Mr. Langenfeld and Mr. Sabistina agreed. ' Mr. Leek stated that maybe it would be appropriate to get a further • clarification from Mr. Olson as to which items he felt were appropriate in the crdinance. Ms. Metcalf stated she was on the Commission to give citizen ingut, and that was what she was doing. THE P10TZON DIED FOR LACI: OF A SECO�'D. MOTION by D�vid Sabistit2a, seconded by Hruce Peterscn, r.o delete ite�r.s (1) and {4} fro� $ection 124.�?S. IJpcn a vcice vote, LangenEeld, Peterson, gabistina, voting aye, Metcalf alstaining, the motiun carried. �, peterson stated that if Mr, Olson had any further comments regarding gectioe 12�+.09, he could also refer those to the Commission. gection 124.12 pqr. Leek sCated that, as the Commission was aware, there was a problem with enforcement of the ordinance. The final recommendation was that gection 124.12 be added which would r.efer to Chapter 9Ql of the existing �ity Code which detailed "Penalties of Violation". MOTION by Bruce Peterson, seconded by Connie Metcalf, to include Section 124.12 as enforcement, whereby adopting Chapter 901 of the City Code. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Leek stated he had writCen a memo to the Counnunity Development Canmission responding to some of that Commission's concerns. He stated he would send a'cogy oE that memo to the Coucnission members. MOTION by Connie Metcalf, seconded by David Sabistina, that all member commissions who were studying the Noise Control Ordinance should receive a copy of the Environmental Comnission's changes. Upon a voice vote, alt voting aye, the motion carried unanimously. FRTDLEY ENVIRONMENTAL COMMISSION MEETING JANUARY 17, 1978 - PAGE 10 to highlight three critical questions; (1) Who owns the water? (a) Who has righCS .to it? (b) Who will manage it? , (2) Which system or method.will adequately meet each water need? (3) How will this system or method be financed? Mr. Langenfeld stated there was a minimum charge of $100 to play this game and this did not include computer time, staff consultatiun, etc. It was done by computer and the people were supplied with books, materials, etc., and it went up to 25 participants. He did not know if they could get 20 people interested, but it would be interesting to do for Commission use. The Commission would handle problems with what they knew, and the report or findings of the Commission would be submitted to the computer and whatever basis they had for analyzing it. The Commission would then get a report tack. WaCer was an on-coming thing, the Commission certainly was interested in it, and he thought it was an interestir_g thing to bring up to the.Commission. Mr. Leek staCed he would make copies of the brochure for the Commissioners. B. FUP.TfiER DEVFLOFN`,E*?'F GF ?NFRCY GO"AS�SSION Ms. Metcali stated that at the last meecing, the Commission had voted to support the establishment of an Eilergy Commission. She wante.d to know if this had been discussed yet aC Planning Gommission. Mr. Langenfeld stated it had not gone to Planning Commission yet, and it had not been on the City �ouncil agenda again either. OCher than what was discussed at the previous meeting, he knew of nothin� further on the formation of an Energy Commission. AL�JOURAfi1ENT : MOTION by David Sabistina, seconded by gruce peterson, ta adjaurn the meeting at 10:25 p.m. Upon a vcice vote, a11 voting aye, the motion carried unanimous].y. Respectfully submitted, � ->rir(,C C `�.� Lynnc gaba Recor3ing Secretary �, , -, FRIDLEY ENVIRONMENTAL COMMISSION MEETINC, JANUARY 17, 1978 - PAGE 9 a separate motion had been made to send a request to the'County far signalizaCion at the intersection of 79th and East giver Road. Apparently, what had happened to date was that they were taking. traffic counts once again to see i£ they could meet warrants for road improvements which included signali�ation at that intersection. Yt looked like they could, primarily because the City had the agreement wiLh Meadow Run qpartments that they would feed their traffic down to 79th. Mr. Leek stated that the other question that had come up at the last meeting was the feeling on the part of the Meadow Run Apartments with regard to the 7-11 Store being built there. Ms. Sporre had referred to a letter from Mr. Frank Fudali, Attorney for Meadow Run. Mr. Leek had • aslced Mr. Sobiech about this letter and Mz. Sobiech had indicated to Mr. Leek that the letter was written approximately two yeaxs ago when Lhe issue first came up, but there was a recent letter from the manager of the apartment complex saying that they had no problem with the 7-11 Store and were in favor of it. Mr. Leek stated he had not seen either of these letters to check this out. RECEiVE COPIES OF 1978 ENVIRONMENT�'iL COMMISSION BUDGET: After reviewing the 1973 buuget, the Co�issicners requested that N�r. Leek check on the columns, "Y-�-D, O8-OS-77" and "1977 EsC, �ctual" for furtner clarif.ication. Ms. Metcalf stated that, as ris. Sporre tzad indicated befure, there was not enough money budgeted for "'�ravels, Conferences, and Schools" as that was the Commission's most visible thing to spend money on. MOTION by Bruce P2terson, seconded by Connie MetcalE, to rece3ve the 1978 Environmental Commission gudget. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Langenfeld stated the Co�issioners could review this budget;and if they had any further questions, they coald be brought up at another time. OTHER EUSINESS: A. CENCOAD (CENTER FOR COMPNNITY ORGANIZATION AND ABEA D�VELOPMENT) Mr. Langenfeld stated this center was in Sioux Falls, South Dakota, and put out a Water rianagement Computer Simulation Game. This simulation involved participants in problem situations, planning, and decision making activities comparable to those which public officials and other leaders actually encountered. One of the things that really attracted him was what they called "Conceptual Focus." The simulation was designed PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY COPiCERN: , 1 NOTICE is hereby given that there will be a Public Hearing of the Planning Cortmission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, February 8, 1978 in the Council Chamber at 7:30 P.M. to consider the following matter: A request for a Special Use Permit, SP #78-02, by Hart Custom Homes, Inc., to expand the sale of mobile homes to include Lots 4, 5 and 6. Block 1, Central View Manor, per Fridley City Code, Section 205.102, 3, N, all lying in the North Half of Section 12, City of Fridley, County of Anoka, Minnesota. 6enerally located at 7355 Highway #65 N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. Publish: lanuary 25, 1978 Februar•y 1, 1978 RICNARD H. HARRIS CHAIRMAN PLANNING COMMISSION 0 z r. � '_^ V Z Y � � F— W Q �: I' �� `7� (<NSnJ � . . �,���1 � . f S O' �. �... . �. ,,,�% ,� tIART CUSTOM }lOh1ES, INC. SP #78-02 _ .,�,., 7355 Highway N65 NE ' : ,} : �o..�.� � ree�- . � �6e� �sn � . - � . ��y,• � � � � � L� � .. 1 �' ��j � � � ' �!./ I �e /SO �Sti � 1_......_. ._. . _ . n �1 �' 1 A s uTO: —"—'. ._— . . �:Y..'�o.•Sir.mN�r(n✓Gcoo /4JJO � � ... � . ..f.e• • . ' . 1 1 ; _. . -- � s 4" �p' � � M= cr;; Y" � -` �� �.' ;l`"N: S EC. � . � �E_ � e , �� . r -- �. — ,� ; � � � / . � � t... _.. . . ..._ .. .... .. . . .... ... . CITY Of fRIDLHY MFNNf:SUTA � PL1lNNING AND ZONING I'OItM NUMBE +� %� � � � i�� �' APPLICMI'f'S SIGNA'tUR� + ' vt� . Address �3,� /,l. %�a-r� ��.c���_, %%% Telephone Num6er �-?� = �,i�'�a ' PROPGRTY Olv'NCR' S SICNATUREI� i �f.1�� 1B TYPC OF RLQUCST Rezoning � Special Use Pcrmit Approval of Premin- inary F, Final Plat Streets or Alley Vacations � Address�� .� �tit� „� . �a-�. 2�d��i.,,; �ii1��r--� '. Other . j Telephone Numbers�,y-R7/�— k�.-r� • . � P/ r � • : Fee "l% Receipt No, -r3OG�O Street Location of Property 7.3,�$' Ji/�_ 1�u<, 6J %%� . . � I.egal Description of Property `�.� � 5-�- �i�1 T,�i�a��%�r>1.`. �%O�sO� ' ; PreSent,Zoning Classification�`�/°-� Existing Use of Property ��,��� : Acreage of Property,3 Describe briefly the proposed zoning classification or �type of use and improvement proposed�,�a�� do„� t�� �- � ' .; . i " /J • .... n � ' / /l. _ /1- n /1 I � i Nas the present applicant previously souglit to rezone, plat, ohtain a lot split or variance or special use pennit on the subject site or part of it? yes�no. What was requested and wlien? � The undersigned understands that: (a} a list of all residents and o�aners of property within 300 feet (350 feet for rezoning) must be attaclied to this application. (b) This application must Ue signed by all owners of the property, or an explanation given �,hy this is not the case, (c) P.esponsibility for any Jefect in the proceediiips resulting from thc fa.ilurc Lo list thc nau�cs and addresses of all residents and property owners of property in question, belongs to the undcrsigned. , A skeYCh of proposed property and suucture must be dra�en and attached, shoiuing thc following: l. North Direction. 2. Location of proposcd structure on the lot. 3. llimensions of property, proposed structure, and front and side setbacks. .' 4. Strect Names. S. Location anJ use of adjaccnt existing buildings (iaithin 300 feet). 'ihc unJcrsigncd hcrcby dcclares thnt all thc facts and represcntations.stated in this application arc truc and correct, i� �'r-G _ DATG i., 3 I SICNATURE � � ,G�? (Al'1'LICAN'i) . . . . . Datc Filed Datc of llcaring COmmission ApprovcJ City CounciY Approvcd Planning Commission January 24, 1978 MAILING LIST SP #78-02 Hart Custom Homes, Inc. Hart Custom Nomes, Inc c�o A1van Schrader 7355 Highway #65 Rridley, Mn 55432 Central Auto Parts 1201 73 1/2 Street N.E. Fridley, Mn 55432 Glen Wong 1160 Fireside Drive N.E. Fridley „i�n 55432 Gustavson Grinding 741-0 Central Avenue N.E. Fridley, Mn 55432 Peter Brook 745� Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Joseph Saba 682} N.E. Oakley fridley, Mn 55432 Mr. & Mrs. Carl Sorenson 4615 University Avenue N.E. Minneapol`is, Mn 55421 Koch Marketing Company 7315 Highway #65 N.E. Fri dl ey, T�In 55432 Walter Chies 4Q30 Iyler Street N.E. - Plinneapolis, Mn 55421 Cooper Construction Company 8437 University Avenue N.E. Minneapolis, Mn 55432 1C __._._._._ �. __�.�.._ _...._.__ ___._ __. .. . _. _ .._,_.. __ ,.� APPFALS COMMISSION METMPING - dANUARY'24. 1978 Pa�;e lA ADt4INISTRIITIVE STAFF REPORT • 480� 3rd Street N.E. A. PUBLIC PURPOSE SERVED BY REQUTP.ETIEFlT: 1. Section 205.053, 16, Lot area requirer�ent of 7500 square feet 2. Section 205.053, 2B, Lot width of not less than 50 feet Public purpose served by these two sections is to avoid the condition of overcrovrding of the residential neighborhoad, 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 set6ack of 17.5 feet for living area of structure Public purpose served is to maintain f�igtler degree of traffic visibility and reduce the line of sight encroachment into the nei9hCor's front y.ard. 4. Section 205.053, 4B, 5ide yard setback adjoining living area of 10 feet Public purQose 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 purpo�es, and to reduce the condi.tion of overcrowding of the residential neigh6orhood. 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 design Public purpose served is to provide for adequate house size and living area in residential 6uildings. B. STATED HARDSHIP: !ot is unbuilda6le without listed variances. C. AUMINISTRATIVE STAFF REVIE4L• The petitioner, Nr. Hedlund, recently purchased the lot:in questiono He was told by the County officials at the public auction in Anoka, as well as the Fridley Gity staff, that this lot was considered unbuilable. Mr. Hedlund was also informed that to the best of our knowledge, the City Council hasn't permitted anyone to develop 40 foot lots in Fridley since the adoption of the present Zoning Code (June, 1973). Due to the extent of material involved, rre refer the Comnission to the exliibits found in the variance application. vila va �.. . . APP;'RT S f'OMMT ;>TOPI M�'P`C7N� - JANtTARY Z�F, 1978 CALI, Tb OR?>�;R: Cl:airperson Schnabel called the January 2t�, 1978, Appeals Com�icsion meeting to crder at 7:3II P,M. ROLL C„LL: 14embers Present: Members Absent: Others Present: Plemel, Kemper, Schnabel, �abel, Barna None ' Ron Holden, Building Inspector APpPOVr APPFAI,S COMY•tISSION t4INUTES OF DECET4BTR 27, 1977 MOTION by t�9r, Kemper, seconded by rir, Barna, to approve the Appeals Commission minutes of December 2'7, i977. I�Ir. Plemel indicated on Page 7, paragraph 7, should be ehan�ed to read, "t4r. Plemel asked zf a variance would be required on the Lat 19 side of the buildin�," UPON A VOICE VOTy, all votin� aye, the motion carried unanimously, The minutes were approved at 7:41 P.hi, 1. FRIDL�Y C SECTIO�T 205.053, 2B, TO REDUCE THE T4INIMU24 LOT 4"lIDTH .FRON SFCTIOPI 205.053� 4�� TO REDUCE THE SID� YARD ADJOII�TIATG TH� AN� ATTACHLD (RERULST BY GORDON HEDLUND, 1255, PIKE LAii� DRIVE, N�'�V BRIGIiTON, MN 551 l2) . TION „p,... � ,. APPEALS COMMISSION M�PTING - JANUARY 21�L 19?8 Pa�e 3 Mr. Hedlund had dia�rams of three honse plan�. He indicated that the lot at t�800 Third Street N� rJas 40 feet �vide and 13C feet deep. He explained on the diagram exactly ho�r the original house had been proposed to be placed on the lot. He explained tivhere the driveway tivould have been located and how entry and exit of the property ��ould have been attained,(Pl.an A) Mr. Hedlund said that Mr. Marshall (y780 Third Street NE) had felt that a house tvith a different entrance ���ould be more appeating. Mr. Hedlund sho�•red P1an B to the Commission members, He said that the house would be 20 x 1�2 and the entrance vaould be on Third Street rather than on y8th Avenue, He said that the plan would be for a split-entry type house. He showed a diagram that depicted the floor plan of the proposed house. He also shotved diagrams of how the house would be at all views. Mr. Hedlund also shor�ed a diagram of a third house plan (Plan C). He said that the house would need no supporting columns and that he tivould use joist beams and that the house on the main level ti�rould be more open, �He said that Plan C would also be a split-entry type house and vrould be 20 x 1�0 feet. Mr. Remper asked where the second entrance/exit rvould be located, • Mr, iiedlund said that there would be only one door, Mr, Hedlund asked if he r�ould have to provide for off-street parking. Mr. Holden said that he would have to provide for at least one off-street parking space. Mr. Hedlund then explained on the diagrams eahere he �aould provide for that off-street parking. He said that it 4eould most likely be to the rear of the house, off the a11ey. Ms. Gabel said that if in the future, the oumer of the house Mould v�ant to construct a garage on the property, that person would need variances. Mr. Holden indicated that for sure they vrould need a side-yard setback variance. Chairperson Schnabel asked that if a garage ivas put in the rear yard, if ?t . v�ould be figured in tivith the 25/ lo+. coverage reqnirement. Mr, Holden said that it would have to be figured into the lot coverage requireraent. Ae szid that the house would be 20 x 1�0 feet, and if the garage ��ould be 22 x 22 feet (double- car garage) that the person crould actually need to reouest two variances, One to deviate from the lot coverage code and the other for the side yard setback deviation, APPT'ALS COM1=4I �SIOPT MEPTZNG - JAidUARY 24 1978 Pa�e 2 Chairperson Schnabel explained that Mr, Plemel had �tepped down from the Appeals Commission for the duration of the evening because he had been asked to give some information regarding 4800-3rd Street N�. She said that Mr, Plemel vt�s emplayed by the Anoka County Courthouse. Chairpexson Schnabel indicated that even though Mr, Kemper had not been present at the becember 13, 19']7, Appeals Commission meeting, he would be permitted to have an active part in the Commission because the Public Hearing tivas still open and he vloalfl have the opportunities needed to ask any ouestions regarding the item, She indicated that Mr, Kemper had read all the minutes pertaining to the issue and had listened to the tapes. Therefore, she felt that he was knovrledgeable enough to take part in the continued item, Mr, Kemper stated that he had appraised himself to the best of his ability of the situation, He indicated that he had read all the previous minutes and had listened to the tapes that had been made at the December 13, �977, meeting, He said that he felt capable of picking up at that time, Chairperson Schnabel said that the City Attorney had bQen asked if it �ould be proper for Mr. Kemper to take an active part in the meeting and had been informed that since the Public Hearing had remained open vahen it �aas continued, that Mr, Kemper rrould have the opportunity to ask a.ny questions that he had on any item, and yt would be possible for Mr. Kemper to talie part in the January 24, �978, Appeals Commission meeting, Chairperson Schnabel indicated that all the members of the Commission had taken the opportunity to revietiv all the minutes and all the items that haa been discussed at the previous meeting. She said that they had all had the chance to review all the material that had been distributed at the previous meeting, She felt that all the members of the Commission were prepared to handle the requests. Mr, Holden explained that the January 2J�, 1978, meeting ��rould be a continuation of the items that had been previously discussed at the llecember 13, 1977: Appeals Commission meeting. He said that when the request had originally been heard, the type of house planned for the !�0 foot lots tiva� a split-entry, tuck-under garage type dwalling, He said that at the request of the neiglibors, Mr, Hedlund had two new sets of plans for the lot. He said that the nevr designs wuere a split-entry type house with no garage provided, Mr, Holden said that he had done some quick (very rough) field measurements that gave the location of the house on the lot in relationship to the adjacent houses and street curbings. He said that he made the rough field measurements to better indicate exactly how the proposed houses would fit into the neighborhood, Chairperson Schnabel asked if Mr. Hedlund had a di£ferent house plan for the lot at t�800 Third Street NE as had been reque�ted at the December 13� 1977, Appeals CommisUion meeting by the nei�hbors, • �-.�.., APPrALS COt4P4IuSI0N I�[PL•."PING - J�NUARY 24t 19?8 Pa�e 5 Chairperson Schnabel asked if the house vrould be built on speculation, Mr. Hedlund said that it rras speculative; that he had no buyer as yet. Chairperson Schnabel pointed out that a petition had been received at the December 13, 1977 Appeals Commission meeting. She said that the petition read, ��l"de the undersigned do not agzee v�ith the changes requested for 4800-3rd Street N�". She said that there t�ere several names on the petition, She asked if there were any additional names to add to the petition, Mr. Thorson of 4775 Third Street NE said that it vaas the only petition they had. He said he had only taken the petition to ihe block that he lived in. He said that a11 the people 4�tho had signed the petition still felt the same way, Mr. Henry Marshall of 4780 Third Street NE; Mr. Stanley Thorson Mrs. Stanley Thorson, and Lorette Thorson of 4775 Third Street NE; and Mr. & Mrs. Joseph Sini�aglib of 4715 Third Street NE were all present at the meeting. Chairperson Schnabel asked if the neighbors present at the meeting felt any better about the new plans. Mr. Thorson said that he thought the necr plans were definitely better. He said he didn't like the fact the house would have no garage, He felt that there ���ould still be a lot of confusion and problems 1�i�h parking. He said that as far as the plans for the house, ihe nei+r plans (Plans B& C) were definitely nicer. Ms. Thorson said that cars parked on the street at that corner vrould only be inviting problens. She said that at the present time "gangs�� gathered at that corner. She said that the buyers of that house t�ould have many vandalism problems if they park a car on that street at that location all the time, Chairper�on Schnabel pointed out that the safety of cars and property ivould be the burden of the people that purchased the house. She said that there ivould be problems that the nerr orJners ti�rould hane to deal Mith themselves. She again stated that the codes only required that off-street parking for one car had to be provided. Chairperson Schnabel indicated that it ..Was , assumed that before too lon� the buyers of the house i��ould construct a garage. She said that it rias becoming more common :- for a person to request permission not to build a garage on a ne�v house until a later date. She said the requesis ivere made because of the rising costs of building houses. She said that building the garage at a later date helped io defer the initial cost of the construction. � I�PPEALS COMMISSION MEETING - JANUnRY Z4, 1978 Pa�e 4 Ms. Gabel asY,ed what the price of the ne�a-planned house would be (Plan� B & C). Mr. Hedlund said that the same, He said that tlie some of the basement level ne�r plans, the house.would said that the price of any approximately $45,000. the constructi_on costs would be about tuck-under garage ti•rould have uti2ized of the house. He said that in the just have more basement s�ace. He of the Plans that he had svould be Mr. Hedlund indicated thai he still felt that the original plan (Plan k) that he had for a tuck-under gara�e style split- entry house 1•ras the best plan. Fie said that the �arage tvould already be available and the people vrould have the same amouni of livin� spa.ce on the main level. He said that the people v�ould just have less space in the basement level. Chair erson Schnabel pointed out that by building one the the nevi plans �Plan B or C), Mr. Hedlund �vould eliminate one of the variance requests. the reduction in minimum square footage on the lower leveL Mr, Hedlund said that he vras ativare of that. He said that he lvould gladly build any of the proposed plans. Chairperson Schnabel reiterated the plans that had been presented; . Plan A�vas the original plan shovm on December 13, j977. Tuck-Under garage, split-entry style house tnat vroul.d be 20 x 48 feet or 960 square feet. � . PIan B�ras a plan for a split-entry style house tivith �o garage. The house would be 20 x i�2 feet or 840 square £eet, , Plan C vras a plan for a split-entry style house rrith no garage. The house vaould be 20 x!�0 feet or 8QO square feet, She pointed out that both PLAN B& PLAN C tvould provide for off-street parking for one car. Mr. Holden felt that the $45,000 price for the house seemed hi�h, He said that the house could possibly be built for a much lowen price bracket, Fie said that the price should proUably be betvaeen $35,000 and �40,000 ma5cimum. • Mr,'Hedlund said that he only used the best naterials. He said he tvould use triple-glazed glass on all the e�indo�rs. He said he erould install good ca.rpeting and light iixtures and some convenienceitems, He �aid that it coui.d depend on what the buyer �roula actually ��rant, but that if he built the house to his o�m standards, that the �1�5,000 price lras a fair price. � APPFALS CC�MMISSION MFL"PING - JANUARY 7_tEa 1978 Pa�e 6 Chairperson Schnabel said that she had talked to the neighbor at 480II Third Street N�. She said that she explained the situation to the neighbor and asked if that neighbor had attempted to bid on the lot ai 4800 Third Street N�. Ms, Schnabel said that the person indicated they had lived in the house for a number of years and that since their family vras almost groti•m, they had no need for additional land, The neighbor did not vrant any more land �o take care of and that �vas the main reason they did not bid on the lot. The person at 4808 Third 5treet P� indicated that they had not Uigned the petition because they wanted a house to be built on the lot. Chairperson Schnabel said that she also talked to a Realtor regarding a house that rias being sold in the area to inquire about the avera�e orice range for the neighborhood. The address of the house tivas y.644 Second Street TdE. She said that the house did not have a garage. She said that the realtor indicated that i� i��ould depend upon the maintenance of the dr�elling and the amenities, but that basically the selling price vrould be betiveen $38e000 and �y.5,000. She said ihat the house iras 784 square feet on each level. She said that the house tivas locaied on an 80 foot lat. Chairperson Schnabel said that at the December 13, 19']7, Appeals Commission meeting three questions had been brought up regarding building on 40 foot lots. Mr. Holden said that he had talked to the City Atto^ney regarding those questions, He said that since the questions �Jere hypothetical, the Attorney could only answer to the best of his ability. �?uestion 1; In the event there crould be a major disaster on an existing structure on a 40-foot lot, c�ould the property ol��ner be a1loLVed to re-build on the lot? Ghairperson Schnabel said that the person who otivned the structure ti�rould definitely have a hardship, She said that the Commission would carefully revievr the item and would probably grant the variance to enable the property o��mer to reconstruct a similar home on the lot. Auestion 2: If a developer otivned an 80 foot lot, would that developer be able to request a lot split and build tr�o houses, one on each y.0 foot parcel of land, rather than constructing one house on the 80 foot 1ot? Mr. Holden indicated that the Cit,y Attorney basically said that the ansrJer ��rould be NO the 1ot could not be sp].it. Ae said that it rrould have to go before the Appeals Commission and �vould have tv be heard on its own merits, The Attorney had said that very likely the lot vtould not be split if it r�as an interior lot. He said that if the requeti� t•ras identical to a situation thnt already 3i�,:: been „r:�nted a variance to split an F;0 fcot let, a precedent r�ould have been �et, and the request vrould likely be gr.�nied. �..m APPPALS COMMISSIOPI Mri:TIPIC - JANUARY 24, 1978 Pat��e 7 Mr. Kemner pointed out that the Commission erouldn't look at the request any differently than the present request bein� considered. Fie said that any person cau2d appear before the P.ppea2s Commission and make the request ta split an 80 foot lot into tiJO 4.0 fooi lots. =?uestion 3: In the event there ti�rould be a major disaster and a house on an 80 foot lot i+ras destroyed, could the o�Jner of the 80 foot lot request a lot split and reconstruct turo houses, one on each of the 40 foot parcel of land rather than reconstructing the one house on the 80 foot lot? t�ir. Aolden said that the City Attorney had said the ansver r�ould most likely be N0, the reasons being because of the �r�}* the area had been developed in the past; because the v�ay the se�ver and tivater v�as structurally set up in the area. He had said that the area was primarily set up for 80-foot lot development. Ms. Thorson said that the Appeals Commission ��fas double talking the codes, The Commission had said that an 8� foot lot couldn't be split into trao L�0 foot lots because of hor.• the vrater and seti�rer systems ti��ere set up; she wanted to knorr ivhy the petitioner could request to have wa�er and sevaer connected to the y.0 foot lot ir_ question. Mr. Kemper again pointed out to the audience that the situation rrould be no differeni for them as it ti��as for Mr. Hedlund, He said that the people ti�JOUld have the opportunity to appeal any ruling made. He said anyone had the right to go before the Appeals Commission raith any request to split their property. He said that rrhether or not it v�ould be granted raould be based on the situation. Mr. Holden said that a person had the right to appeal anyzoning codes and ask for a variance. Chairperson Schnabel said that there �vas an Appeals Commission in the City of Fridley in order to handle any requests from people vrho tirish to deviate from the existing ordinances, She said that the City could not deny the person the right to make a request; hocrever, she said that it ivas onZy the right to MAKE the request and that the request r�ould not have to be honored, She said that f3rst the variance request l��ould have to be made, then it had to be revierred; and if the request rras denied it v�ould be because the request rras not in the best interest of the Public health, safety and welfare. She said that if the request did not infrin�e on the Public health, safety and crelfare� then very IiIcely the rec�uest tivou2d be approved, She irtdicated that either tvay, the citizens did have a right to make a variance request, . �� i APP�ALS COMI�IISSION M1�,PTING - JANUARY 24, 1,s78 Pap�e 8 Mr. Thorson said that there was already a house on y7th Avenue that had been built on a small lot. FIe �aanted to knovr rrhat rtould happen to the erater and sevrer systems in the area if after a couple of years people started building on all the lots in the area. He didn't feel that the present system �vould be able to handle many more ne�v houses, He also r�anted to knov� r�ho would have to pay the ta�ces if the City had to go into the area and redo the whole se�ver/tivater system, Chairperson Schnabel said that that tivas some of the things the Appeals Commission had to seriously consider. i4r. Thorson asked if all the crater and seirer connections had been.checked out and if they �vere adequate for the area, D1r. Fiolden said that the checked and that it ��rould not all the er.isting 80 foot lots constructed on each o£ the L�0 r�ould happen, then de£initely be over-burdened. e:ater and ses�er systems had been be an excessive burden unless erere split and houses t��ere foot lots. He said if that the ti�rater and se�rer systems would Mr. Marshall said that the City Attorney had given one of the reasons for not allo�ring 80 foot lot's to be.split was because the area �ras primarily set up for $0 foot lot development. He wanted to knor� rrhy a nerr house could be constructed on a 40 foot lot and connected to the crater and se4ver �ystem. Plrs, Thorson said that if the present request �vas approved� that there v�ould probably be three additional houses constructed on their block alone. She felt at that point it �ould put a burden on the existing �vater and se4�aer systems. Ms. Thorson said that there would actually be five houses constructed in the neighborhood in general, She said that if time ivas taken to really look around, there would probably be even more 1�0 foot lots available for development. Mr, riarshall referenced a lot that vaas located next to 4775 Third Street NL. He said that there had been talk of po�sibly vacating 48th Avenue. He said that the person living at 4803 Third Street NE already had the garage accessing off of 1�8th Avenue. He said that if L�8th Avenue rrere vacated, that person r�ouZd have to arrange to shovel his 1�ay all the distance to Third Street, He wanted to know hovr that v�ould be handled. tir. FIolden said that �•rhen a vacation eaas requested for a street thnt generally the person making the repuest c�ould i�ork out an agreeable arrangement rrith the neighbors as to the problem of getting access to garages or ��ihatever. He said it i�ould have to be a personal thing, worked out betl•reen the parties concerned� APPPIILS CnMP$I."�SION ?d?�::TING -�7ATdUARY 2!-�, t978 P�Qe 9 Mr. Sini�;aglio of 1�'715 Third Street NE said that it c�as possible there ti�as service under y8th Avenue, IIe v�anted to knov✓ if that r�ould effect the va.caticn of the street, Mr, Holden said that if someone requested a vacation of 48th Avenue and there rras service under the street, that very possibly it could not be vacated� P1r. Thorson v�anted to knovr hov� much was paid for the lot that tivas located next to his lot. Chairperson Schnabel indicated that the lot next to ?�Ir, Thorson ti�Jas not being discussed at that time. �r. Sinibaglio c�.cl that his 1�3 year old son purchased the lot for �3�500, Mr. Thorson said that he had received a letter from the l�noka County Assessor indicating that the land 1�rould be auctioned off and that the lo�s crere unbuildable. He evanted to know tivhy Mr. Hedlund felt he could build on lots that had been described as Unbuildable. Fie also ��ranted to know hotv much Mr. Hedlund paid for the 1ot, Chairperson Schnabel said that the lot at 1{.800 Third Street NE sold for $800, Mr. Thorson doubted that price. Mr, Hedlund said that he only paid �$800 for 'the 1ot. Chairperson Schnabel said that it v�as in the records that Mr. Plemel indicated that the lot vaas sold for $800. � Mr, Holden said that he checked and the $800 sellin$ pi•ice corresponded rrith the official records from Anoka County. A4r. Barna said that the Attorney had given one reason that the established 80 foot lots could not be split into t�vo 40 foct lots because it rras not the established usage of the nei�hborhood aald of the 1ots. He said that the established usage of the lots in that neighborhood �Jas for multiples of 40 foot lots, Mr. Holden said that the Attorney had been asked a hypothetical question and it had been difficult for him to anstiver because of the variables involved. Mr. Thorson �,anted to be on public record as saying that he vi�s not �oin� to be liable for an,y more taxes that took place because of over-burdened tvater and se�•rer systems. He was afraid that it rrould happen very soon once they start building on every piece of land in existence and he �vould not pay any taxes that t�rould be levied to pay for updating the <<rater and seiver systems. APPEALS COMMISSIOPI Mi;E7'IP1G - JAP7UARY 24 1978 Pat*e 20 Ms. Gabe1 said her reason for the motion to deny the requests ciere: 1. Fridley t�as 9�o developed ana there vras a need to maintain a continuity and that tivas rrhat the codes trere for - to see that the Community developed in a consistent manner. The consistency served the previous property oti�ners as �aell as the Community as a erhole, 2. �Je need to provide some open spaces. 3. Reduce croti�rding in terms of fire, 4. Dependent on the house plan used, there may be a lack of coMpatibility l��ith the existing homes in the neighborhood, 5. She felt it e•rould set a BAD precedent, City had talked in great lengths regarding not building on �0 foot lots and it tras apparent that it rras n�t a desire of the City of Fridley, 6. She said a hardship had not been established. She said that if there rras a hards�ip, it taas a self- imposed hardship because the petitioner had been at�are he �vould have poiential problems, 7. On this particular lot there i;rould be potential traffic problems because of the drive��ay possibly being accessed from P4ain Street. Mr, Barna said that he did not agree rrith the motion because: 1, There wzs a park located one block nortn of the property, so there rfas open space in the neighborhood. 2. The houses would be 23 feet apart, therefore there would be no problems regarding safety factors. 3. He did not feel that a 20 foot �vide house v�ould be croE�rdino a 39.25 foot lot. y., He said that even though the design ���ou1d be different than the houses in the neighborhood, many areas had many varied designs of houses. He didn't thinl. that ti�ras a negative asnect. 5. Ne agreed that the precedent for the :rea �ras for lar�,er iots but:he said that, visua7.ly, there vras net that mucn difference betrreen a G.0 foot Iot and a 50 foot lot, He pointed out that in-many instances, even 50 foot lots did become over-cro:vded, 1�PPE1ILS C6N(MIS�SOPI P2EETIPIG - JANUARY 2�E, 19'78 Pa�e 19 Chairperson Schnabel poinied out that most of the discussions that had taken place regarding the first itsm were applicable to the present request, Mr. Kemper asked if there had been any neighbor objections for the particular lot, Chairperson Schnabel said that there had been no conversations or correspondence from any of the neighbors. Mr, Holden said that he had never received any input regarding the lot at 46II7 t4ain Street N�. MOTIOld by T+Ir, Barna., seconded by h4r. Kemper, to close the Public Iie�.ring. Upon a. voice vote, all voting aye, the motion carried unanimously, The Publie Hearin� rna:s closed at 10:18 P,M, Ms; Gabel indicated that the particular lot was different than the other request and that the situation did seem more palatable, Hor�ever, she said that the house ovould be constructed on a�-d .foot Iot and that was the main problem she had �vith the req�aest. Chairperson Schnabel said that the comments made about the first request �rere still applicable to the present request, Mr. Kemper painted out that the one natable exceptior. to the request ivas that there appeared to be no neighborhood objections, He said that there were still code problems to be considered. Mr. Holden said that the estimated value of the land t�ras �5,30o i� the Iot �vere a buildable lot. Mr. Barna s�.id that it �vas a slightly smaller lot on a busy street (P�iain Street), MOTION by i•is, Gabel, seconded by D'Ir, Kemper, to deny the request Sor variances of the Pridley City Code as folloa�s; Section 205.053, 1, B, to reduce the lot area required for z Zot recorded before December 29, tg55, from 7500 square feet to 5064 square feet; and Section 205.�54� 4e �� 5a, to reduce the required side yard viidth on a street side of a corner lot from 17.5 feet �0 11,25 feet; and Section 205,0$3, 2b, to reduce the minimum lot �rridth frora 50 feet to 39.25 feet; and Section 205.054, I�., to reduce the m�_nimum square footage on the upper tvro iloors of a split entry desi�n house from 768 sc�uare feei to 320 square feet on the lovrer level; and Section 205,053, ifB, to reduce the side yard adjoining Iiving area from the required 10 feet to 8 feet, aZl to a1Zo1�� the construction of a hourse and attached garage to be Iocated on Lot 30, Block 12, PZymouth Addition, the same bein� 4687 Main Street N;, Fridley, MN APP�ALS COMMISSION MF?YPING - J�NUARY 24, i978 Page 18 Chairperson Schnabel said that she hafl atte�pted to contact the owners of the house adjacent to the Lot, but was not able to do so, She said that she didn't knoe� if that person had tried to purchase the lot or not, • Mr. Hedlund showed the diagrams of the house he proposed to build on the lot, He said that 'ne tiranted to build Plan A, He said that he e�anted to have the front of the house to face the open area located across the street, Ae said that the attitude of the area vaas different than it was for the the first item, He pointed out there rrere some double bungalovrs located on Main Street as well as other multiple dv�ellings, Mr, Hedlund explained that the house would appear a little different than on the first lot, He said that he ti+rould have two garage doors instead of the one and that the house v�ould have a"dutch" roof. He pointed that that even though the house ti•+as considered a tcro-story, split-entry house, the roof line N�ouZd probably be lower than most of the houses in the area. Mr, Holden asked if Mr, Hedlund would consider building a rambler-type house v�ith a detached garage, Mr, Hedlund said that he would consider a house with a detached garage. He explained how the floor nlan could be changed in order to allo��r for a detached garage. He pointed out that the house he planned for the lot ti�ould meet the 25� lot coverage code. Mr, Holden said that if a detached garage would be built that it should be off the alley. .He felt that because of the traffic on Main Street it ti�ould be more appealing to most people. Air. Hedlund said that the County had put up "For Sa1e'� signs on all the lots that were to be auctioned off, He said that if someone wanted to bid on the lot, they would have inquired about them. Mr, Kemper asked what Mr. Hedlund paid for the lot. �;, Mr. Hedlund said that he paid $700 for the lot. �� Mr. Barna felt that it evas not a good idea to plan any driveway off of Main Street. Chairperson Schnabel said that r4ain Street r�as a much traveled street and that it tiJas not r�ise to have drive�:�ays accessing off of P4ain Street. � + � , .�� - 4687 �1ain Street N.E. A. PUBLIC PURPOSE SERVE� QY REQUIRET1ENT: t. Section 205.053, 1B, Lot area requirer�ent of 7500 square feet 2. Section 205.053, 26, Lot �ridth of not less ttian 50 feet Public piirpose served 6y tfiese tvro sections is to avoid the condition of overc•rowding 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 puroose served is to maintain F�igiier degree of traffic visibility and reduce the line of sight encroachment into the neigh6or's front ;/ard. 4. Section 205.053, 46, Side yard setback adjoining living area of 10 feet Public purpose served is to provide space bet�•ieen individual structures so as to guard against radiant heat whir.h would spread a fire from one structure . to anothe�, to provide sufficient access �ttto the rear yard for emergency purposes, and to reduce the condition of overcrowding of the residential neighG�rhood. , � 5. Section 205°054, 4, Minimum of 768 squxre feet of gross flcor area in each of the upper two levels provided for a house oT the split entry design Public purpose served is to provide for adequate house size and living area in residential 6uildings. B, STATLD liARDSHIP: Lot is unbuildable without listed varSances. C. A[N7IIJIS7RATIVF STAFF REVIEt�I: The petitioner, i�r. Hedlund, recently purchased the lot;in question. H° 4ias .� told by the County officials at the public auction in Anoka, as ivell as the. Fridley City staff, that this lot was considered unbuilable. Mr. Hedlund ^�'�, 4�as also informed that to the 6est of our know7edge, the City Council hasn't permitted anyone to develop 40 foot lots in Fridley since the adopiion 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. -�,--� APPPALS COMMISSION MrrTING - JANUARY 24, 1g�8 Pa�e 17 Chairperson Schnabel declared a ten minute break at 9:47 P.M. 2. CONTIPiUrn: REOiJ Dr AU POLLO:'fS: S�CTIOI7 205.053. CITY 1B, TO R�DUGE THF I�OT AR�A REQUiR�D SECTIOTi 2�, TO R�DUCE LOT l'JIDTH P'ROM S�CTTO't1 205.053, 4B, ^'tCi ??'�:�UCF, TFIL SID� YAI2D !'�TJJOINING THL COIISTP,UCTIQPt GF 4 (Rr, ;Us.ST BY GORDOId HEDLU2ID� 1255 PII�r LAKN DRIVL� NEG`l BRIGHTOi3� rtrt 55i�2). Chairperson Schnabel said that the previous statt�nts ' regarding t4r, Plemel and t4r. Kemper applied t��ith the above variance requests also. Mr. Holden explained that the reauest ��as similar to the previous request in that it �vas a corner lot that rras approxinately 1�0 feet wide and 130 feet deep, He said that he had been surprised to find that the distance to adjacent house iras 23 feet. He said that the proposed house Lvould be in line with the other houses in the neighborhood. He said that the lot in question eras esentially flat, He said it rras similar to the previous lot.because it had an alley to the rear of the lot that could serve the garage or the off-street parking. He said that the same three plans could be considered for the lot� but that Fir, Hedlund preferred to construct Plan A. Air. Aolden pointed out to t�ir, Aedlund that Main Street vtas a very traveled street and that he should consider any ingress and egress from the property to be from 47th Avenue, J � r�a �� kPP�AL.S CO,ittIS�ION PdFPTT�IG - JAAiUARY 24� 1978 Pa�e 16 5. She felt it eJOUld set a BI�D precedent. City had talked in great length regarding not building on 40 foot ].ots and it 1°raU apparent that it rras not a desire of tke City. 6. It had been discusseci at other meetings that there vras a desirability of �arages for houses� She said that �•rhen, and if, a garaoe vrould be desirabZe for the lot� it �rould again probably need t�ao variances. 7, She said a hardship had not been established� She said ihat if there oras a harclship that it cras a aelf-imposed hardship because the petitioner had been arrare he vtauld have potential problems. �. The houUe laould be built too close to a corner. It erould be a potential visual nroblem because of the side yard variance on a corner lot, 9. The neighbors have stated their objections to the buildin� of the house, She felt that City should be concerned iJith the people that built/bought in that area, believing there ti�aould be some open spaces around them. UPON A VOICE VOTEt Mr, Kemper� Ms. Schnabel and r4s. Gabe1 voting aye; P•ir. Barna voting nay, the motion carried, tvere: Mr. Barna explainecl ihat tF.e reason for his voting nay 1, He rras arrare of an almos� identical house as the proposed one that ��ras located on a 50 foot lot. He said that the c2ri�er�ay on that lot �aas to the side of the house and tkat the area dzd not give the appearance of being over-cro��rded. 2. He said that.at Glencoe and East River Road there tvas a house siivated approximately the same distance from the corner as the proposed hou.�e �•aould be and thai house posed no potential traffice problems, 3. He a�reed ��ith Mr, Hedlund that the costs of lots and houses ti�rere very high all over, Mr, Barna said that he agreed yrith the motion that a hardship had not been justified. Chairperson SchnaUel �aid that the recommendation �.vould go to the Plannin;; C�:amission on February 8, 1973 and be for��rarded onto City Council an F'ebruary 27, 1973. She said that the City Counci2 may �pen the meetin� on that night, or set a future date for a public hearing. She said that all the minutes, recommendations, and all inforraation ��JOU1d be fori�fareded on to the City Council in a file for their revie�v. � �...,. P.PPEt1LS CO?�t+fI��IOP� td��'�;TITTG - JANUARY 21,, 1978 Pa�;e i5 ��Rr^.; GUZD?:LIPt::S. rOR TFIE DISPOSITION OF TIlX-F'URF�ITED PROP;s'RTI :S The City Council had discussed the feasibility and desirability of acquiring certain tax-forfeited lots from dnoka County and sel7.ing the same to individuals ���k�o can demonstrate that they can use said taa-forfeited lots in conjunction �rith other adjacent property, and, as such, form a suitable building site. The council had been reluctant to allow the county to sell tax-forfeited lots that do not meet the minimum lot size. The purpose behinci the plan of the city to acquire substanclard lots is to permit these Iots to be joined evith adjacant praperties in order to forr� a reasonaole building site. If this plan is successful, the effect of it tvould be to remove substandard lots from the tax-forfeited list anct to place the.property in private oc�nership vrherein the various governmental units rrould derive tax payments.�� Mr. Plemel explained c�hai happened rrith the money that ti°�as received fror� the sale of the lots. ASOTION by Nis. Gabel, seconded by Mr, Kemper to deny the request for variancas of the Friciley City Code as Follovrs; Section 2d5,o53, iB, to reduce the lot area requi.red for a lot recorded before December 29> >955, from ?500 sauare feet to 521& square feet; and Section 205,05y.,l�B,Sa, to reduce the required side yard rridth an a street side of a corner lot from 17.5 feet to 12 £eet; and Section 205.053: 2E, to reduce the minimum lot rridth £rom 50 feet to t�d feet; and Section 2Q5.05t�, 1�, to reduce the mininum square footage on the upper t:�ro floars of a split entry design house from 768 feet to 320 square feet on the lotirer level; and Section 205.Q53, 4B, to reduce the side yard adjoining living area from the required 14 feet to 8 feet, all to allow the construction of a house and attached garage, to be lacated an Lot 15, Block 2, Plymouth Addition� the same being 1�8d0 Third Street NE, Fridley, MN. ris. Gabel said that the reasons for her motion ivere: r,= 1. Fridley rras 95°,o developed and there rras a need to �aintain a conUistency and that �ras rrhat the codes crere for - to see that the Co�nmunity developed in a consistent manner. The consistency served the preuious property ormers as ��a11 as the comMUnity, 2. �;;e need to provide sone open spaces, 3. Reduce crowding in terms of fire. 4. The house r�as not comAatible i�lith the existing homes in the neighbarhood. APP�:/1L5 CO1�t4I„i01t t�Ir'�'TIPIG - JFNUPRY 24� 127g Pame 14 Mr. Hedlund said that he i^�as never specifically told by Anolsa County that the Iots t��ere "unbuildable lots��, t�r, fiedlund said that he had been tolfl that the lots had some limitations. Iie �aid that mosi of his information had been heresay; but he sranted it made clear that he had not been told by Anoka County that the lots arere not buildable. Mr. Hedlund said that to develop property that cost 9�6,000 and then put in all the assessments, the price eaas too hi�h even before a house �xras constructed. He said that Pridley still had useable land and he proposed to build a good house that vould he compatible ��ith the area. He said that the 7erson neYt to the property dicin't mind if he put a house on that lot an� he couldn't under�tand Lth;� the Commission should care, He felt that the City vaas legally ��arong in prohibiting people from buiidin� on 40 foot lots, Iie said that the City had the codes, but he felt the codes � vaere not Iega1. He said that the City cias being too tough on contractors and builders. He said that people need a place to live. Chairperson Schnabel said that the rea2 question rras not the argument that the next door neighbor tivould like a house constructed on that lot; she said that the real question tiras "DOES TH� CITY OF FRIDLLY l9TSIi TO OPni�t UP ALL 1�0 FGOT LOTS?" She said that once a person �•�as al.lorrad toTui.ld on a 40 foot lot all 1�0 fo�t lots taould probably have to he ++opened up". She said that the auest7.on really involved a11 the existino lots in the City of Fridley and not just Mr. Hedlund�s lots. Mr. Hedlund said that people want places to live and that the City rrould have to start alloa�ing buildin� on sub- standard lots. Mr. Siniga�lio asked tvhy the City mad.e the lots avaiZabe to the Gounty for the liquidation of the tax forfeited property. Chairperson Schnabel said that the City �vas trying to retrieve some of the monies that had been put towards the lots. �` Mr. Plemel explained that the City of Pridle3* had to follow a procedure that had been estahlished by the State ef Minneuota. Mr. Holden. read Exhibit M-N from the December 13, 1977 Appeal� Commissi�n meeting. It iras a letter to the City Council irom tha City :',ttorney datecl July 8, 1977. APP�ALS COMM25520N MF�TI^ N____,G_i,JANUABY 24, 19%8 Pap;e 13 P[r. Hedlund said that the County never caid those vrords io him. Ae said that he cras aerare that the lots ti•aere not buildable unlecs certain �'things�' crere done, FIe kne,�r he eaould have some problems because he had been told on the day of the Auction that there vrould possibly be problems involved. Mr. Hedlund said that the County N�VER said that the lots ti=rere not buildable. Mr. Hedlund said that the lots he purchased �rere plotted lots that �vere serviced by rrater and sevrer. Mr. Marsha7.l. didn't think that people had to build on every piece of existing property. He said it tivasn't right building on thase small lots. Chairperson Schnabe2 said that in tg69 the City of Fridley had determined that the reauired lot size c�rould be g,000 souare feet minimun. She sa.id that that eras adopted in the Zoning Ordinance by the City of Fridley. Sha said that in �976 the City had taken another look at sub-standard lots and had determined that there eaere a number of lots that crere 50 feet i�ide that could be built on �vith special requests, She said it vaas decided that building would not be permitted on anything 1ess�than a 50 foot lot, The Public health, safety an� rtelfare �^�as considered in that criteria and it vras determined that the City of Fridley lvanted g,000 square feet miniwum for a lot. Chairperson Schnabel said that at one iime 1�0 foot lots vrere considered as possible lots to construct loi�r income housin�, But ti�rith the rising costs of construction f�r nera houses, lorr income housing l•ras alnast impossible. She stated again that the City of Fridlay felt that any lots r�ith less thzn 50 foot frontages lvere not buildable lots. She said it has been a consistent pattern ever since that Zoning Ordinance �*ras adopted. Mr. Holden asked if anyone else at the meeting had attended the auction of the lots, Mra, Thorsen said that eittixig behind a long table lot she �ranted to bid on ivas she had been informed by a per��^ located in the Corridor that � ��an unbuildable lot". Mr. Sini�z�lio said that he had never been told that lots rrere unbuildable 1ots. P•4r. Thorson said that ��hen he gat the letter regardi� the lot auction� he called and inquired about the lot tha� adjacent to his property. FIe said that he ti�ras told at th� that the lot e:as unbuildable, � � nPP�;AZ,s corrt�zsszarr Mr.�rzrr� - Jnr��rn�Y 24, 197$ Pa�e i z Mr. Hec3lund felt that the original p1an (Plan 1�) vras really the best plan and tha+; he tivanted it to be considered, Chairperson Schnabel said she had problems ��fith the faci that a21 the variances i•�ere lumped to�ether in one variance request. She felt that the request to reduce the lot size shoul@ have been separate from the other variance requeste. Mr. Kemper agreed because there �rere different public purposes served by each of the variances being requested� Mr. Holden sazd that it v�as up to the llppeals Commission if they �vanted to handle each of the variances separately, t4r, Kemner said he ��ras disturbed by the fact that the petitioner hadn't shoim a. real hardship in this particular insta.nce other than the one that iaas self-zn�licted. He fe2t that there eras no hardship involved and riithout a hardship, there could be no variance request. t�s. Gabel said that granting a variance had been alvrays. based on proven hardship. M�, Barna agreed that sinae rir. Hedlund kneti�� the lots csere unbuilda�le, he really didn't have a hardship other than a self-imposed hardship, Chairperson SchnabeZ said tnat the burden of proaf of hardship t�ias on the petitioner. She said tha.t . applied for any variances that crent before the Appeals Commission. She said r4r. Aedlund bid on and purchased the lots tha.t he had been informecl cjere unbuildable 2ots because they dian't meet the zoning ordinances and NYr, Hedlund stated that he under5tood that at the tirae of purchase, She didn't feel he had established any undue hardship. She said the f.act that there 4vas no existing structure and the fact that the City, Uecause of zoning ordinances, considerec? the lots as unbuilc�ab2e made it difficult to understand �vhy P4r. Hedlund purchased the lots in the first place an8 �rhy he was requesting to build on the lots notv. r. Aedlund fe2t that the �'unbuildable11 i�sue d. He said he had information irom the City f Iats considered builda.ble. He jaid that he Ly been to�d that the lots 4�rere not buildable was getting as to the had never zots, nairperson Schnabel said that the Public Notices that i�rere pupers stated that the person should checic vrith the paZities. She said ih�t rrhen the City turned the lots � the County, the 2isting that accompanied them clearly that the lots should be sold at Public lluction by the and ��rith the stipulation �'NOT A BUILDABLE SITE", � . �.,� 11PPEALS CONa4I:,SI0P1 M?:�TING - JI�NUARY 24, 197F3 Pa�e 11 Mr. Hedlund quoted an item from Page 10 of the Advisory Standards for Land Use Regulation report. "COPlCLUSI02d: The high cost of land is one of the reasons for the high cost of homes and, consequently, fe�rer and ferrer people are able to purchase market rate housing. In�general, larger lot size adds not only to the initial cost of the land but also increases utility and support service costs." Mr. Hedlund said that in some areas 40 foot lots should not be developed on. Hovrever, he felt that the area under consideration r�as a good area to develop 1�0 foot lots. Tdr, Barna said that Mr, Hedlund had stated on December 13� 1g77, that unless he could build on the lots, being he L�ould have to pay the ta�ces� he e�ould not receive any return from the property. IIe asked if t•ir. Iiedlund had been informed that the lots v�ere unbuildable lots. Mr. Hedlund said that he kne�r the lots rrere considered unbuildable lots rrhen he purchased them. � MOTION by Mr. Barna, seconded by Ms. Gabel, to close the Public �Iearing. Upon a voice vote, all voting aye, the motion carried unanimously, The Public Hearing v�as closed at 8:58 P,M. Mr. Holden said that the City Assessor had estimated the value of the lot at ,°`p6,000, IF it tivas a buildable lot, Mr. Hedlund asked about the $6,000 estimate. P4r, Kemper said that there were so feEV buildable lots left in the City of Pridley and he was sure that �vas one of the reasons for the inflated estimated price given for that lot, Chairperson Schnabel said that in reviey�ing the minutes of the December 13, 1977, meeting, tvio of the neighbors had indicated that they ��a.nted to see an alternative house plan. �� She said that Mr, Hedlund had sho�vn tti•�o alternative plans. She ��'�, said that the plans irere palatable to the neighbors and preferred over the original plan, She said that the alternative plans tivoul3 be built ��ith no garage and that in the event a garage wouZd be built at a later date, at least ttivo additional variances �vould have to be requested� She said that at the present time the request for a variance to reduce the minimum square footage of the lo`_ still had to be considered. She asked if rir, Hedlund siill eranted the ori�inal plan (Plan A) to be con�idered by the !�ppeals Commission. a. _ _� _, i �a� � 11PPrALS COI4t4; �SIOAI Mi'.?TIP1G - JANUnP,Y 2�, 1978 Pa�e 10 Mr, Siniga�lio said that the storm sewer syUtem had just been updated in tq64. He felt tnat the system rras adequate to take care of the existin� popu7ation in the area. Mr. Holden said that adding additional homes rrould not affect the storm secrer system. Chairperson Schnabel said that she had gone back thr.ou�h the report published by the Nietropolitan Council and the Association of Pietropolitan Municipa7.it�es that deaZt crith residential zoning ordinances dated P4ay 1977. She said she had rfanted to �et a feel as to �rhat t�ras happening in the metro area. in terms of lot sizes. She summarized {;he findings as they dealt �•rith lot sizes for single family homes, The Commission that made the studies surveyed 81 metropolitan communities. Of the 81 communities that erere surveyed, five cornmunities had a minimum Zot size of 4,�00 to 5,999 square feet. Those five communities e;ere I�Iinneapolis, St. Paul, North St. Paul, Columbia Hei�hts, and Robbinsdale. She said that those five communities represented 6.2% of the total 81 communities. The balance of the communities required mini�num lot sizes of 6,000 square feet or more, up to 22,000 square feet. Chairperson Schnabel said that of the 81 communities, the median lot size raas t0,000 square feet minimum, She said that the eyisting Fridley code was 9,000 square £eet minimum. She pointed out that Fridley's code ���as slightly less than the median lot size in the 81 communities surveyed, Chairperson Schnabel had £elt it was necessary to bring out these items because a previous reference had been made as to Iot sizes in the area, Mr, I3edlund felt that Ms. Schnabel�s information ti=ras confused. He said that most communities ha� existing plats and nelv plats. He i�tanted to kno�^r vrhich plats the survey had usede Chairperson Schnabel assumed the findings had been based on the existing codes/plats. Mr, Holden said that it would depend on hoe✓ the person conducting the survey stated the question. Ae jaid that � Fridley ��rould have t�ro different answers depending on hotia the question v�as stated, FZe said that the lot sizes based on nevr plats in the City of Fridley would be 9,000 square feet. Ho�^rever, he eaid that on piats 'exis£ing tiefore T955, the minimus, square footage was 7,500. � APP�ALS COr�I.^, �IOI3 tiE?:`PIPTG - J/1NUfiRY 2� , 1978 Pa�e 21 UPOIJ 1� VOIC� VOT�, 14r. Kemper, rts. Schnabel, and 4�Is, Gabel voting aye; t4r, Barna voting nay, the motion carried. Chairper�on Schnabel said that the recommendation to deny the reques'cs l�aould to to the Planning Commission on February 8, 197� and be for��arded onto City Council on L'ebruary 27, 197�3, She said that the City Council uould either open the meeting that ni�ht to public discussion or set a future date for a Public Hearing, She said that a11 the minutes, recommendations, and inforMation r�ould be forti•�arded to the City Council for their revierr. i�r. Plemel said that the County had advised the people at the auction to check rrith the Municipalities, He said that there had. been 27 �unicipalities involved rrith the land auction, He said that the lotst��ere sold rrith the only common factor that there e.ere no delinquent taxes and no unpaid specials. Pir. Sini�aglio had auestions regarding a vacation reque�t for 48th �venue. ��Chairperson Schnabel told P1r, Sinigaglio to go to City Hall �uid talk to Mr. Jerry Boardman regarding the vacation request. Mr. Barna felt that the City Council themselves brought these requests about by 7.osing control of the handling of the auctioning of the 1�0 foot lots. He said that the origiilal intent had been that the Gcunty crculd handle the sale to the City, fTe said that at all the Council meetings he had been a�vare of it had not been intended that all the parcels t�ould be up to Public Auction, He said that the Council recards tivould sho�v that he had brought up at one of the meetir.gs that the action could lead to troubles, and it has� rtr, Plemel said that the City had first chance to purchase the lots before the Public Auction, PSs. Gabel said that it had been discussed, but that the City didn�t �;rant to be in the real estate business, Mr. Kemper caanted to knorr if Mr, Sinigaglio ���as clear as to hoiv to proceed to make a vacation request. Mr. Sini�a�lio asl�ed that if he made the request, and it �vas turned domn, would he be able to appeal the decision, Mr. Holden said that he rrould have to orait six months to reopen the discussion. t�tr. Kemper said that Mr. Boardman could ansti�rer any question that he had. rr-� 11PPT�'11IS f OMMISSIOTI MT'^TItdG - 3ANUARY 2f�, 1978 PaF';� 22 Chairperson Schnabel suid that in 1971 there had been a request to build a. house at 1�800 Third 5treet, and that the request had been denied. 3, OTH�R BUSINESS: Mr. Holden said that 4�Ir, 0'Bannon rroulcl be� requesting the same variance for three separate Iots. Mr, 0'Bannon ���anted to knoi�� if one fee could be made to cover all three of the variance requests, . Ms. Gabe1 said that it ivas an administra.tion issue. IiYDE Pf�RK Mr. Holden said that there rrould be many reauests in future meetings reoarding parking in the Boulevard, He said that Hyde Park r:ould. be oetting neiv streets and most of the requests would be from the areas a2ready zoned residential. Ghairperson Schnabel i^�anted to kno�r �•rhat the requests e�ould be far. Mr, Hold.en said that the requests i+tere for permission to park off the street but that the only available place v�ould then be in the boulevard areas. Mr. Holden said tilat the City had sent letters to the people in the area indicating that nerr streets �vould be put in and unless the peonle received variances, the City ��ould install six inch curbs, He said that if the people lvere granted variances, the City raould install tcro inch curbs. COST CP� HOU"aIidG Chairperson Schnabel indicated that there had been an article in the nedrspaper regarding the cost of housin�, She said that some studies had been done and it had been determined that the greatest value in housing t7as in the older cities/communities housin� erhere people could buy the older homes for relatively less amounis of money. She said that the houses usually needed a lot of repair vrork done to them. Chairperson Schnabel said that a couple of the points that h�d 'oeen made in the article as to some of the directions that could be t�ken •�+ere: 1, "Cities must cut cio��m on the tmderbrush of re�ilations, perr�its, and special taxes imposec'. on "rehab° activity. They should enact separa�;e housing codes for rehabilitation, somerrhat less stringent than those for neva housing,�' ' APPEAI,u_ C04�4ISSION MPE'1'ING - JAr1U/�RY 2t� 1�8 Pa�e 2� 2. �'Localities should revise their tax codes so that families who irnprove their homes needn�t fear immediate� high property-tax hikes. St. Louis offers a 10-year abatement, for instance. And on Boston's model, cities should set up one-stop offices to help people tvith rehabilitation problems,�� Chairperson Schnabel said that it had to be realized that a great deal of th.e i•rork that tvas being done on rehabilitation cras being done by the o��rner. She said that maybe soMe of the codes are too stringent and possibly codes could be adopted that tivere a little more lenient so that the home orrner could bring the house into "safety" but not be burdened by great costs. Ghairperson Schnabel said that something could be considered similar to the above suggestions for the fIyde Park area and other areas as r�eZl. ADJOURi9P1r^NT h10TI0PJ by Mr, Barna� seconded by Ms, Gabel� to adjourn the January 24, 1g78, 1�ppeals Commission meeting, Upon a voice vote, all voting aye, the motion carried unanimously. The meeting c�as adjourned at 10:1+9 P�M, Respectfully submiited, �/%a,u�� �C_�t�� MaryLee Garhill Recording Secretary \ � ; , .�.,v , , �zBZT a December 12, 1997 A check o£ the City files show that evexy building site within four hundred (400) feet of the two 40 foot lots in question is at least 70 feet wide with the exception of 3 lots. 4705 Main Street is a 43 foot wide interior lot that was developed in 1947, prior to the Gity 7JOning Ordinance. 4795 - 3rd Street is a 38 foot lot on a cozner, but adjacent to a short dead-end street that could possibly be vacated. 4800 - 2�r Street is a corner 40 foot lot for which a variance was granted, but with the stipulation that a lot split be obtained to make the lot 45 feet in width. Note that variance was never used for 4800 - 2�i Street, and therefore no building permit issued. The total ninnber of "building sites" involved is 66. The attached map shows the lots in question in red; the 43 foot wide interior developed lot in orange, vacant 90 foot lots in the area in blue and the 400 radius circles in green. = _____-_.�%'�`"'�-� RON HOLDBN Building Inspector RH/mh � ,� � � ✓`� 1, _...'_"" N �� . " �aaa ; 488 ; �� :4 �;y� 4�¢8 48,57 � q� .. .�aqs . �844' c� g 83 3 a3z � iA �•N � \ -- - a :a . ��t ,i. .'!n , �,1r. . • �nr . ��:v��� i s v �� � � w 49TH: --- -- ---�►VE----.;� :� . ,r - � �, .. , u . ,,..b , • i p �q . ._.'�f i,, a , � �48�i-'� ;488u ; z r, + .Q$�o � p ; __l�__ r '---•; t i r� ` , -qa� 3 Qty:V� '_.'..... _I► 99� �r --��--- - _ d�a_ t� �8¢g _� � � _.; �. 4 1�63 --�-• ,. gab f a¢3__ s - .._< <} _ � :, 856 ,� 48s�� ,r �•�- - �. �4851` , 985t�- � --4ar��--' -•-� —�: .. 4a44 4844 a� v r t� 9 � , �� ;, � qg�q 9 .d�u9 s 49�9 ��,� e �: .Qa�� �a�z _ ----o; � ,4azT " ;, �4sz-r-. . N a�iT ---m�:, X 48i's 46ZZO .4 „ 48�a d �� --"-.: ! , a�� ,� a,� ,� �.., , ±.; ; �4��a � „ � :q'�ae. : „ ---;; .. � , ;qao3 ... � 4�03 . 4@0 --- -�--�-? 'ri.�i� ..i:.w+c 3oE�uls • � A!�e.r F �ir.K �♦ ��N.}=. � .� � 48TH. " ygc� AVE. „'.__.. y v - " � � , •- v,s�, . �T' �z -478 �o-= ; Q �' � - o "� :. ; s ; z : 7a� F47=8 = + 7'�'rs�'' �"— t- -� ` �� -4-��f�t 76 �9 , :. _ , .J � :. 47�a- r • n s t• 76 - v .4?�� �4Ts4o 'd�4! T�6 47�7 �47s ` _�_ _ � '. . < � .47 3 47�3- ' 4T§d --J..1 . ?a ��32' � -Qt4 4��4 - •- ---•� u ' • z� 9 a� c :, r .� N �r Q7�4 • ��S . , � r: ¢:??�, , � --_�-} :� z< ,o .. ,� ��2 N ?G . N�i�' _ . so 4Ti�-. T)7 �7`2i1 ' 4T)°T ir u H�S' f.. : ' � `4T,� 9 � .� , a �2 0 } _„2,�.:! • 4 . 765 • .Q7D6, t-c ,�7,D7 47t2 -4)09-� ' 47�5 .,C'J;'I, • i tA . .4�l0 --T- �,;" . � • � . , � . �- . N � ` ��13 � � ?63 ``•*'- , �p y j /�-- �:f9i 1`i N.'t � 1iL�f� \ v' 1;0y 2 i.�+4s ♦ i�� �v $ ."'�isN, le � t • 3� : . ' � � z s �47TH: r AVE. „ ' .� , � � �,,... ,,, ,..,,; ;,,., „<._ ��b'�7 - ,.,, � � c.. � ° �' �' x ' 6s5 ;�bK' �46�5: 46�0 -•-• - . i.� H i �1 � � ' '�i � 0 3' Y � Zi f Z s ��f� � � _' �"..�' . tl �5 s tFG� �6� � Z_ db�2 z� •� ---- i r. ;. , 4 �6� . �6 63 ---- --- . s �-46S6 � �¢39 4b�� ��b�-r 63 If —..� • - '' `:_ ` ' �5 � ' ---- --- . � : " �<' 46g44 =d6�1- � 46�2 _ •+Sb�i3 ; qbf 4b��t -�---- i' •. . : �q(� 634 - -� - � � 1 . l! 1 � Il ! Il . �"" ; . � -dt�� 6Z3 46Z4 � 6.25 424 � ,, ;` �4�Zy= a�iT --"Yry- : - j a J/ te 9 1: ��l, . i �4�AZ ��5 A�_b --46� n � ��'� i �� � � (.fa- qG;t:fi _�. ., � 4 L�a9-' . � . � �,,,_, � * ._9603 `�4�Q6 �� .db�b d- � r _ .46�0 ` 4643 _._"...� - Q � l. 'fl�r :.y � ♦ ��> > `�4R"+� � ♦ !! r i •nw•. -/Jtfr� � N� � N � /,%i�.= ;�N�Ni 46TH. - -AVE.. :. �- - � --- --- {. .-Ni�� %- i � . � �. ' .. . � ( �. ,... .� . r ,,,.� ,�. 45�f ` ;4�60� � k �, k;4590k `4��t ' 4 ,�8 ji �Q5r95,�'_- � ;s ;:r ' _�,,,, iv� _ , ,C3. REGULAR P:EEFIt� OF AUGliST 15, 1977 PA6E 10 CUUncflman Hamernik fett ihey shoutd be lookirg at a percentage of the gross saTes � for donaticns to charity and redistribution into the community. He felt possibly a percenta;e of 12% to 15.. Councilman Fitrpatrick indicaEed he agreed with Councilman Hamernik, but would still' like to continue to get a report on the bingo proceeds. � � Mr. Brunselt indicated staff could draft an ardinance for the Council's consideration d�M also use a different reporiing form, . Mayor Nee indicated he would like to establish a percentage for contributions within the City, znd wondered if this is legal. Councilwor:an KukoNSki suggested perNaps at least 58 of Lhe contributions cou16 be kept within the City. Nr. Nerrick fe)t staff coutd come back with some recomnendations that would be reasonable in terms of percentages. No other action was taken, therefore, at this time. CONSIDERATi.N OF PROGRAM FCR OISPOSAL OF TAX FO°.FEIT PROPER7IES: �� The Louncil considered a Qro9ram for dispo;a7 of su�s*_andard tax forfeit properties by the Cour.cy r:bere it will be stipuiated Yhat certain properties are "tfot a Buildable S:te," "Flood Plain" or tqust be Cembin=d for 6uilding Site" in.an attempt to provide as much informntion as possible to potential buyers. Hr. Sobiech sttted the fear was that someone might buy these properties and not know they were r.�t a buildable site, in the fie:A plein, or nust be combined with cther properties to have a buildable site. Hoperuily, this program would rectify that prob7em. Mr. Herrick, City Attorney, Suggested oreRerty awners adjacent to these substandard � prCperties he notified they are goir.g uD fcr saie, Councilman Fitzpatrick stated � he ayrees Lhe adjacent property owners sho�id receive this iniormation. Wuncilmzn Schneider felt it would be des9rable for the parties, as we}1 as the City, to have the lots purchased by ad„acent properLy owners. . M4TI�N by C_ancitnan FiYZpatrick to concur with the staff recomnendation for disposal ��� of tax forreit properties and authorize this plan. Seconded by Councilvwman Kukowski. Upon a voic_ vote, a71 voting aye, Mayor Aee declared the motion carried unanirt,ously. CONSIDEGATI.'� QE Flh'AL GRANT APPRO�JAL FOR TriE ST:P PP,OGRAM: Hr. Qureshi, City Ma�ager, explained the arani Hou1d provide for two additional police officers for the SiE� prog�a:�. He explzine� this does not add any adAitional personnel from City f;:nding; hm�ever, it does provide additional equipmenY the City would purchase for the prosram. 7fie City P�r.ager exp7ained the City has tfie discretion to participate in the program for onTy ore year or continue on a year-to-yezr basis. He explairted there is some taonitment cn the Lity's part and it is an experiaental program; however, he felt it tat� potentia;ly provide a good service to the coRmunity. Y4TION by Co�acilrroman Kukowski to approve the gra�t. Secondsd by Councilman Haciernik. Councilman Schneider felt this was a fine progren and hoged it worked out well. He elarified that the tao police officers will not be hired to fill the vacant positicns, but are two addiLiona) men over and above the existing vacaacies. Nr. Qureski stxted the funding irem the grant would be used to hire trro additional officer5; h,::ever, the only cor.�riYnent on�the City's part is for the equipn;ent requested ip the Dudget, which is a fu11y equipped patrol car and other miscellaneous equipment. � a ; UPUV A VOICE 1'Q7E TAY,EN ON THE HOSIDY, all voted aye, and Mayor Nee declared the mation � earried unanir.:ously, � � �.�.., . ��' ' � 1hfi;.:J '; iJ: AiJ:iiu i�i:�')"•i: ll;i3'li : SUi;JJ?C'1 : L'�1it11YSiT ll :�:i1:1771 �1. �tll'C:i:li � (.1 i:V i•Iittlil);(`.I' . I?ichard ir. Sobi.cch, Yub).ic itioci.:; uirccLOr Au�.;t:st 11, 1977 ProPra,n lar 1?ispos;:Z �: SubsS,n�u:,r1 T;:s Pcri:cii Pro�,erti.es Pl easc be aaVl SCCI the Y��1�7 i c i•;orLs Prpnr i��nen? l�as bc�+; WO:'�:]11� k'iL�t ��]nC Q�ii8I:i1(ii:� i.Q111;Y-Y (�Oii!451155:tCU]E1'� 17l %1�? u�'tC:�:r�: 10 cICVCaCp :i ])1'Q�T2A1 LO Li1S�1ti,:�;t O;� tiU�)�tEL1t1:SPC. t.7X j:C:i'��C2'C properties. Zt. 1$ 'i.}lc; Oi)1i71031 Of ii].�B ���BiLlv^4 1:i1Ji �iilQ�<8 (�.^LLTit�' C�=R (IlSj/OSC Of ti.CSE' 1iT01)CI'i.1(`S 1:1 A!38]11LCT $3t1.Sf8C'COT)' i.0 i.f2C Ci,ty of :'ridley, tiiere�cire, it is sug;ested an appropri.ste 7.isting of tLe tax forfeit. lots l:e sui,i;iittcd 1:p tl�e Ceunty t�ith c�;nrients a� to ceit-:in circi±mst�nces aifec�ing Lhe indiviuuai p;oper�ies. l�tiaehed ior eonsidr�ration t�y tiie Cou��cil is tl�e l�r�?osed program t;hich :,�uJ4 aiio}; the .vunty to dis��ose of the pru- perties at a nubl�r ��uction. 1�s y�u �.i.71 netr... cert.a.ir i%ro= ,.,..«� � - . _ �, ,,.. , , ,..� �� ��-- , r, �� Lw�.iG.. �T@ StljiulAi.::d �S :�v. 1>:iliUoJl.i's $1-C.C' p l•ZUU(i r1311t �'dRd ���:�1$?' jjfy (�.p::1��2ia^C�• �O" iU11C�lA�-t S1'l'6�� 111 i1Il 1�tE1d]�S: i�0 � pz•o:�i3e as rucii ii�for�^,a*_ic;n as po�sible to poi.entiia2 Uu��e.s. It is sug�ested ihe Co�ncil cansider this item at the regulur Council r:..etir_g o; l:ugust 15, 1977. 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N Q H !l f� �� :f r .,� N N N •.i 's .-hi >. w u L' 'O � U O O V � D+C .G �d � a -e� � � U •� � N ti DO U C .� .� ri 'CJ .O .-I 7 •.t � � = ea s+ _t P �w S 'c7 L U' Y. v •� �� 0 6 4) O U � e� .� � � � �-i �, � K U �, io = 'a M O Sa �"i N N 4� [1 u N f1 H �H ii 3 � � o > fA � _ Q H w �i '�i �i G M Y �J � � r �.i u W x L .y r u � � V U T .O L' 0 L [ U +� 7 :3 r, ,-i a ') •'1 y .-1 O :� O 7 -i 0. !•a � :2! a� O N sa u F � u �n v e� a� oa 7i •S 'O ti m� 7 � � ri � 7 o � � � Cn - v m O H � C�1 N 3 N � H � N � H F� 3 C� U F1 N u. y o a V7 �8 N r. U � N n .-� :] a M u U � 3 >, a� F 7 O U T L c o- +! C :.� v2 v r. � .� m c. U •O �r{ p -a O P -1 ;f W ry� x � � O C1 s. u .0 •.�1 � w v m .i � °w N .-�-I m ,� p y b � � i.J � � O 7 .0 _ fn - 'l! � O H Pq � QI � O G H A � � F T 3 l+ `U .0 ? U 7+ W > o � in .il r 0 M N M � � ry H u W x �J 3 T J C � O V T .[� a � C u •.{ U rJ 7 .-1 :0 k� U 'O •r1 O �-i O � .� � W a� � ✓J w � .. o � t+ u .0 M u v� v w .i .1 o .a N N 'O � -i p •� � 'O p e-1 u � O O �.� _ Vi `� N U N Q 3+ Q� H 3 Y af 3 A �J .� O H �� u �J ? wa q W W 'O 0 0 .N N Gi Y .el O� 4 1 �S h 4 � ul 0 � V1 Y1 ul If� V1 Vl 1/1 V� Vl ul M N ��. � N N C � N N N N N N N � .. � �. ri .t W � Q� � �e� A 'J w O N p� .-v H 7 u y ++ O U ��� 5� � rl Ge. W w y �n •n fy N, u u �> O �� > » > ni .�f �-1 ri W a�Mn� M v � � .-t ..r +-t ..a U J l� a� O O U O ...t .� .a ,�i . �; � , ;� { •-1 .-1 fA W � n N N Y 11 6 O ) �� xx .-i .-1 W M T CT N N N L ��a EXtiIBIT D2 ?: u A a H O w � n! � U it h ry T N � V. � A O H K� O 'ri � 3 � s� C� ti w 0 � rN ��� .-1 N . .-1 H iY1 :O r�-! M PR � W 1� . t�1 O� .� .-1 .-i f'1 �'�l u u ai u u O O O O O � � "� a .� >> r%z �i � h n � \ � V � � l.rtuY. � ,-'A�a�i'.. . .. �`�•� ' F. � ,! .. ���'�' `'"'£a � 6�s� N Y �T N��f�L�� N— �8437 UNIVERSI7Y AVENUE N.E., FNIDLEY, MINNESOTA 55432 S{ TEIEPHONE (8t2)571-3450� December 9, 1977 Dfr. 3im Plemel County Auditox's Office 325 East D1ain Street Anoka, A8�1 553D3 Dear Mr. Pleu�el: I would like to request some information from your o£fice, h�hich is pertinent to an item before the Fridley Board of Appeals Cormnission on December 13, 1977. In order to determine wheYher the two lots in question, ichich were sold at the recent public auction by Anoka County, were sold as buildable or unbuildable lou, we need the following in- formation: 1. How was the appraised value for these two lats determined? Also, we would like to ]mow by whom and when the values were deteYmined. 2. k'hat were the appraised values and £ina.l sale prices of the two lots? The lots in cluestion are Block 2, Lot 15, and Block I2, Lat 30, Plymouth Addition. Also, can you p2ease te11 us what the buyer was told at the auction in regards to the lots being buildable or not? Thanlc you. .RH/grs Sincerely, CITY OF FRIDLEY � n o en Bui.lding Inspector -•% � / � � �Q�'V �� trf�o�L,� � �/ 8�91 UNIVERSITY AVEMUE N.E., FHIOLEY, MINNESOTA 65432 8 f TELEPHONE ( 812)571-3q50 DATE: JULY 15, 1976 �,'' T0: MEMBERS, APPEALS C011t4ISS10N FROM: Bltl NEE RE: UTILI2ATION, 40 FOOT LOTS I just received my copy of the Appeals Commission hfinutes of the meeting at which a City Council discussion on 40 foot lots was reviewed. 'There seemed to be some concern, or perhaps a misunderstanding of my position regarding the utilization of these parcels. I know you will bear in mind that I have no special standing in this matter, being only one of five members of the Council. On the other hand, I have had considerable more experience than any other member with the proble:n of c�ealing with the birds as they actually co:ne home to roost. (Being the person on �•rhom the "Summons and Complaints" are served.) So let me comment on the recent deTi6erations on the 40 foot lot ouestion. I~d m't have the varicus "Minutes" readily available as I write this, so I hope you will forgive me for a certain inevitable lack of precision. I think there are four points I should make: l. There was a co�nnent in the Appeals Commission deliberations that it was "City Policy" to try to facilitate the utilization ofi these 40 foot parcels. I know of no such City Policy. It`s true that.former Playor Frank Liebl took that viQw. That does not make it "City Policy" any more than the statement of my views makes � position "City Policy". 06viously, "City Policy" in such matters is set by the entire City Council, and I know of no such policy bei�g established. For what it's worth, it has been and is my view that in the present circumstances the 40 foot parcel cannot be considered a building site. I want to underscore that there ma be reasonable ways of developing the 40 foot parcel as a building site, but I have not seen such a proposal yet. It woutd certainly have to have some very fundamental planninq work done on it before I�vould see the results as being consistent with broad community goals in "Quality of tife" terms. Such a solution might involve some kind of zero lot-line development concept, or poientially a sFecial building and design control code which taould accomodate a smaller building scale but would maintain Quality of Life values by the use of innovative forroats. �-. � , +,ro,�,o � � �� _ July 15, 19J6 Members, Appeals Commission • • 9 hage 2 - But, presently we do not have anything liY,e Lhis for the 40 foot parcel. Instead, v+hat �re're really doing is trying to apply design and building �'+ concepts intended for 75 foot parcels to 40 foot lots -- and still expecting to maintain the "Quality of Life" standards the comnunity fias today. I want to raise the question -- W6ere has this been accomplished? Gonsider what's happening in Minneapolis, where many homes were built on 40 foot frontages, and had the added important advantage of excellent back aliey servir_e. These are the neighborhoods tfiat have had the worst history of urban decay and population fligh*_. People don't want to live in those crortded settings if Lhey have other options, and as soon as they can afford . to get out, they do. • In those areas tiahere htinneapolis is investing redevelopment resources in residential neighborhoods, they are making efforts to solve the very problem we're considering creating! (And in our situation, we're not even talking about opening back alley service, which would make 40 foot site development even marginaily tolerable.] 2. There was some discussion by Mayor liebl, which was recapitulated in the Appeals Commission discussion, concerning tfie desirability of "getting this property on the tax ro]es". (Presumably to make an economic contribution to the cormnunity's tax base.) •, To accept this as a general proposition is a false economy. We are not legally justified in entertaining tfiis as a factor in our deliberations concerning whether or not to permit 40 foot building sites; but I think that since the natter was raised in the Minutes, I might be permitted a brief comnent. If you are talking about puiting a S30,000 house on the 40 foot lot, chances are that the taxes it generates wi11 not pay the cost of public services. 6iven the history of such developments, this wil] be increasingly true as the housing ages. As far as "getting it on the tax roles" is concerned, there are several srays to do that without creating 40 foot building sites. Two 40 foot parcels make a good 80 foot buildin9 site -- just 5 feet n;ore lavish than the City's minimum. Three 40 foot parcels make 2 less acceptable, but still Yiable 60 foot sites. Or, one 40 foot parcel makes a tlandy garden -- a perfectly reasonable use of land. . A]1 of these options are consistent iaith the "Quality of Life" values held by the people who have buitt this coimiunity and have invested their savings on certain development assumptions, such as those expressed in ;ot size and setback criteria. � � July 15, 1976 Members, Appeals Cortmission Page 3 �� 3. It's unfortunate that the Appeals Comnission did not h0ve the same � in�ormation pacY.age on this question that the City Council had. It might bave made sane difference in how the Commission v9ewed Lhe entire question. As it turned out, the City Council did have more extensive information on the question. This included a detailed survey of all of the vacant 40 foot lots, or end-of-the-block lots. This report showed the true dimensions of the issue. It showed long strips of 40 foot lots. On several blocks, these sequences of vacant 40 foot parcels were the dominant characteristic. 4. This indicated to me that if we accepted the proposition that 40 foot ' frontages satisfied the City's criteria on "health, safety and o-�elfare," all of these lots would be eligible for development as seoarate building sites; and that we would have, in fact, the development of several blocks characterized by th�s building pattern. As a simple, practical legal matter, the City cannot defend the kind of discriminatory criteria recommended by the Appeals Cor�nission. The constitutional basis for our land use regulatory power has to be our fin�ings that certain minimums are necessary to the protection of the pub}ic health, safety and welfare. If the City finds that a 40 foot frontage satisfies those criteria, we simply cannot deny building permits to those long strips of other 40 foot lots. {And the next issue may weli be rrhat to do with the vast number of 25 foot lots ��e have on record! Are they also building sites? The same case can be made for them.) I think the situation is not yet legally irretrievable, since the building permit �vhich was issued was for a corner lot, which could 6e the basis for a distinction between this act and a future claim for a building permit on an interior 40 foot site. But I am convinced that once the City issues a building permit for an interior 40 foot lot, we are going to have to yield on all interior 40 foot lots. This will be the re�v minimum lot size and "minimums" soon become the "maximums". I have personally witnessed this phenomena. with reference to 50 foot lots in Riverview Heights. In the early 1960's �ae had tried to hold out for the 75 foot frontage (i.e., three 25 foot lots per building site) but; at s�me point the Council decided to issue a permit on a 50 foot frontage, and then another, and another -- and now it would be legally imnossible to deny a permit. The 50 foot site has become the defacto "maximum" lot size in Riverview Heights. Yet you all.are weli a�rare of the very substantial development difficulties we are experiencing �oith 50 foot lots; such as providing adequate sideyards, • garages and off-street parking, I recognizc that the Commission expressed their concern with the potential �• for a strin9 of ten or twelve housin9 units, all side by side on 40 foot lots, This concern was indicated by the stipulation that a building permit would �� i _ • 'JuTy 15, 1976 Members, Appeals Commission Page 4 "R �i not be given in cases where adjacent land is available "uniess the owner had made an.attempt to buy the adjacent land and had been unsuccessful". � There are two problems with this. First, it's simply unenforceable, and - any experienced developer/builder v+i71 know it. Second, the economic dynamics work against any possibility of two adjacent landowners getting together. If you ass�me Jack oYms 40 foot lot N18, and John owns 90 foot lot �19, you 4ri11 have the follo4ring situation. We say to .)ack that you can't have a building permit for �18 unless John refuses to seli #19 at a reasonable price. 41e have already.said to John that he can't have a perniit to build on �19 unless Jack refuses to sell N18 at a reasonable price. All it takes is for Jack and John to agree not to sell to each other and then they both have building permits for 40 foot lots! Assume I'm a speculator and am aware of the discussion now taking place. I buy a strip of 40 foot lots, say lots 5 through 16 in a block. This could be worked up as six 80 foot sites, or eight 60 foot sites or tweive 40 foot sites. All I have to do is sel] e�ery other lot to my wife. Then I ask her if she viill sell me her lots (being adjacent lots) at a reasonable price. She says "No", so I go to the Appeals Commission and say I own lots 5, 7, 9, 11, 13, and 15. T have asked the owner of lots b, 8, 10, 12, 14, and 16 to sell at a reasonable price so I can make 80 foot lots. But, the owner of those lots won't sell at a reasonable price; so I should get a Building Permit for 40 foot lots. You give me the building permits. Then cs�y wife comes in and says she owns lots 6, 8, 10, 12, 74, and 16 and they are impacted by buildings on lots 5, 7, 9, 11, 13, and 15. No adjacent land is available. You must give me building permits. And under the logic of the rules proposed by the Appeals Commission, she would be right. I have, of course, oversimplified tivhat is likely to happen. But the fact � is, the economics of land development �^�ill mitigate against adjacent owners selling to each other. And in any event, the condition is legaily unenforce- able because it cannot be related to "health, safeiy and welfare" criteria. So the direction the Corrmission is recommertding wili result in strips of homes on 44 foot sites. that is why I voted against the Variances which you recomnended granting. The Ethics of the Question On the one hand we have just adopted a Housing Plan which acknowled9es an obligation to provide opportunities for a wide spectrum of housin9. (Including "loxr cost" housing.) I fiave agreed with that general goa} statement. �` .y�,, � uuty r�i�"�sr� _ Members, Appeals Commission Page 5 92 7he problem with implementing that goal is the rapidly escalating cost oF the free-standing single family residence. As the situatio� is developing, � it raises the very real question of whether or. not there can be such a housing unit in the near future as a low cost single family residence. One thing the City could do (it is arguedj is reduce lot size requirements, and this step, recommended by the Appeals Commission, wauld accomplish that. I don't really agree that such a step v�ould materially change the price of the finished product, although it r�ould probably provide some incentive to certain speculative builders. And on the other hand, at the time we recognize an obligation to provide low cost housing for new residents, we also surely must recognize another obligation we have to the people who ' have already invested here. They have invested their savings in Fridley housing based in part on assurances we have given them concerning the standards we v�ill enforce. We have said there will be "elbor+ room" and all that goes with it in the oray of amenities and quality of life. That has been a factor in all of the investment that has been made in Fridley in the past 25 years. • 4lhile we admit an obligation to provide for peopie who would like to build here, don't we also have an obligation to those who have already helped build the City? , I think so. � �L I don't want to completely close the door on the possibility of some innovative utilization of 40 foot residential building sites. Perhaps the Planning Department, the Planning Commission and Community Development can come up with a new approach. But I don't think a policy change of this magnitude should evolve through the process of variances by the Appeals Conmission. If, somehow, I have misunderstood the actual proceedings of the Co�missian as I read the Minutes, I would be happy to meet at any time to discuss it. WJN:ejt cc: City Council � Planning Connnission Comiwnity Development �, � —� -- r � Ltuatuii u � i7 MEMO T0: Qick Sobiech, Public Works Director '` MiEMO fROM: 3errold Boardman, City Planner ' 1 MEMQ DATE: November 22, 1976 RE: Development ef 4�' lots ' At the August 4, 197b meeting of the Planning Cortmission> Chairman Harris requested that the City Administration review our present code restrictions for 40' tots, and prepare a recommendatiorr to the City Council and Planning Commission for the study meeting of November 22, 1976. I've reviewed the present codes and the existing conditions, and from a planning �standpoint, tfie number of lots under 50' that have no adjacent vacant property is very minute (23), and should not constitute a major policy change that wouid allow them to be build on. The present zoning code is sufficient enough to contro't��this 0� situation. Also, by allowing those lots under 50' to be built o�.may cause irreversibt conditionswhich may be unfavora6le to the City. If, for example, we had some major storm damage as in 1965, this storm damage may allow entire areas presently platted with lots under 50' to redevelop as such, instead of larger lots that are now existing. With this in mind,we should make the following recommendations to the City Council and Planning Commission. • 1.• 7hat those lots that are under 50' and are not adjacent to other vacant - property should not be built on as restricted by our present zoning code. . 2. 7he zoning code should not be varied to allow construction on these lots. . 3. Those lots under 50' which are adjacent to vacant property, must combine with that property to allow a combination of loi sizes compatible with our present codes. � � 4. Require that the deed would include a statement that would state that the lot does not meet the present zoning codes. This would make those lots under 50' not adjacent to vacant property virtually unbuildable and would � in most cases go tax forfeit. Five lots are below 30' and could not �. physicaliy be built on (even with variances). This would leave only 8 lots • which are 40 to 50 ft. that are not tax farfeit. The following may be some possibilities for use of this property: ' 1, Allow the use of the vacant lots, when they go tax forfeit, by the adjacent property owners with the proper maintenance agreements. '. 2. Suggest that these lots be used for City garden plots, • 3. Turn the property over to a garden club-for their use. . 4. Turn the property over to the adjacent neighborhood for a neighbarhood landscape or creativity area. � . • Pa9e 9 !`AT(Oil by Councilman Hamernik to concur with tfie retamm?ndation of the ApFea)s torm: and grant the variance of the rear yard setback. Seconded 6y.Council- ►ruman Kukowski. Upon a voice vote, ait voting aye, Mayor Nee deciared the moiion earried unanimnusiy. , ,,��° , RECESS: �" � A recess was ca)led 6y Mayar Nee at 10:10 P.N. i1 . RECONVENED: t 1 !lryror Hee reconvened tbe meeting at 10:30 P.M. A71 Council members were present. i i�2SWSSlOfl REGARDING PROPQSED GUI�ELINES FOR SALE OF TAR FORPEI7ED PROPERT[ES• � 3` �e Council reviraed a maro from the City Attorney dated Ju` 8 '—�/ � y l�e9arding � ` �deTines for Disposition of Tax-FOrfeited Properties. —#r.-Herrick fe7t, if the [ouncil wished, ihe guidelines could be adopted by �' ssaolutian and provision made to set up an aaount for handling monies frrom these � plOplrtie5. � . . Mr. Nerrick also suggested the Housirg and Redevelapment Autho'rity couid possibly htndte this program. Mr. Mike 0'Bannon, Anoka Caunty Comnissioner, indicated it was his undcrstaadi�g that the Gity �iants the County_to withhold any lots in the flood plain. He feit, if this is the case, the Lity should purchase these loYs, aad wautd cooperate in � aqy way he could in this situation. Nr. Quresfii pointed out the City has luts in the fiood p7ain area which meet the minimum area requirements and buildin9 permits can be issued, proviCing certain, �_ requireaients are met. He questioned if these requirements could 6e listed at the public auctinn sale by the County. � Nr. He�rick feit perhaps whoever is conducting the acution could indicate what lots are bnitdable, nroviding they meet certain reuqircments because of their location in the flood p]ain. F1r. Alex Barna, 56� Nugo Street, felt sane lot�s in his area, regardiess if they neet the minimun size, would still be constanL!troubie {or the Lity because of their location. Nr, 0'IIannon indicated the Cou�ty has Lhe authority to combine lotr, adjacent to each other, even though they are different orenership. Kr. Herrick suggested if the Council is in agreement on Che principies set fotth in the mmo, perhaps�administration could c;eet Hith the appropriate County personrtel to discuss the mechanics on how this can be done. Mayor Ne� stated his torKern is thaY the City is clear and wi11 not be accused of aay favoritism. �. Mr. Herrick stated if there are situations where it wou2d appear that more than nne person rnoid qualify to have a b!+ildinq site, then the City could advertise ior bids and seil the property to the highest bidder. KOTIDN by Councilman Fitzpatrick to direct the administration to prepare a i program based on the principles contained in the Ciiy Attorney's meim and bring tt Dack to the Councii. Seconded by CounciTman Schneider. Upan a voice vote. � f atl vutin9 aye, Ftayor Nee declared Lbe �tion carried unanimously. Hr. Nercick questioned what the CounciT's position would be on the request they reCeived from Nr. Sta�hl6erg at their June 20, I?)7 neeting, At this meeting, Mr. Stahlberq had iadicated an in:erest in buying two tax farfeit lots in River- view Neights, and asked i4 the City would pur�hase these from the County, and sell i thcm to him, �� 4� ...,l,�:`.-" - i + RECULAR MEETING OF JULY ti, 1917 Vage 30 Nr. Qureshi, tity Manager, questioned, if the Ctiy purchased the lots from the County, hoa ihe se11i� price would be determined, Councilrwn Fitzpartick felt the purpose of seiling the.lots to Mr.Stahlberg is to put the lots on the tax rolis and develop them, rwt to make any money � beyond what expenses the City incurred. It was questioned what the County approised the iots for and Mr. Stah)berg stated it was 5600 each. Hr. 0'Bannon felt the Counr.v would probahty have another auction of tax forfeit property either this fa71 or next sprina. Nr. SWhlberg qvestioned if the lots go on sale at the public auction and he teceives the bid, he couldn't start building until next January. He felt if he obtains the property now, he will start construction and the City will have their taxes that much sooner. , � Councilman Fitipatrick felt the private property owner was- making the tax for- feit lois vatuabte, since if he did not have art option to purchase the other iwo lots from a private owner, the tax forfeit lots orould be unbuildable. Ne felt in this situation the City is not giving the lots the value because the City does rwt have the other lots to make it a buildable site. Nr. Stahlberg stated, withoui Lhe adjoining lots, the tax forfeif lnis have no': value. � f � I . 1 ( �-•-_ Mr. Qureshi suggested the lots ga on sale at the public auction by the County, indicating they are unbuildahte. F1r. Stahl6erg would.then fiave the option to bid on them at the auction. Hr. 0'Bannon felt all tax forfeit properties should be purchased in' this manner. l6r. Nerrick stated the County appraisat of the lots was done on the basis to eover any outstanding assessments and noi to determine market value. Mr. Stah7berg rrould not make a comniUnent on wheYher he wou7d purchase the lots for their market value, based On an independent appraisal. i � Mr. Nerrick felt, if �4r. Stahlberg would not agree to purchase the lots on this basis, he reould recoinnend they be put up for public auction. Nr. Stah)berg �uould then have the opportunity to bid on the lots at that time. He felt the alternative of waiCing for the pub7ic auttion may be best fnr both parties. Mayor Nee felt the City could not selt aAYthing to arrybody for less than what it � is xorth. Mr. Stahiberg asked if it would be xrong to take the Caunty's value: Hr. Herrick stated fie Felt it would be wrorg if the City feels Lhe County's appraisal is not market value. � Councilman Schneider felt no action should be taken at this time until the administration has a chance to work out a palicy, a�d the Lity should have an appraisal of the property. Councilman Hamernik stated he was concerned about what value the City wauld use !o dctermine a price for the lots. Ne fett he i+ould go along with an appraised market value of the property, but felt it should be uithin six months in which they arc negotiatirg any purchase. Nr, Qureshi, Lity Manaqer, questioned if the appraisal xpu7d 6e done by the County. Nr. 0'Bannon stated he would reQUest tao private appraisers to detennine the market value and the County Assessor wauld not do tAe appraisal. � � I. ! : -r ^�-9 � . . . it3 I .�Ei i ' � . REGUI,AR MEETI�7G Oi JtlLY Il, 1477 Pa9e 11 HOTI�t! by COUn�ilwoman Kukowski tu request the f.ounty to appratse Lots 25 OnQ 2b, Block U, Rivervicw l�ei9hts to establish market 4alue. Seconded by touncilman xhneider. Upon a voice vote, at� vating aye, Mayor Nee declared the motion carried unanimously. rwi7UN by Louncilwanan KukowskS to adopt Resolution No. 67-1977. Secanded by Councilman Schneider. • Mr. FreO BeDenee, Representative of the Police Assaciation, stated hn is re)ieved th15 prob)em has been resolved, but noL enLirely elated on the outcome. UPQM A YOICE VOTE 7AKEN ON THE A6pVE MdTIOti, all voting aye, Mayor Nee declared the arotion carried unanirtwusly. , RESOLUTI04 fl0. 68-19)7 AUTUORIZ[kG THE CITY MhNAGER 70 APPGY fUR ANY AVAILASLE GETA NptlIES A7;0 GRi.NiS: IOOTION by Louncilman Schneider to adopt Resotution No. 68-19J7. Seconded by Councilwoman Kukowski. Councilman Namernik fett the statement was rether broad in authoriziag the Lity Manager to appty for any ava9lable CETA nwnies and granis, He felt the CETA fundz could be cut off at any date and with the CETA employees performing a funttion with the City, the City miqht be asked to keep them on. He felt discretion should be exercised in this area. � veryQclear�t Ctheafthat YhespositionewillTbe d�scontinued whendfunding hase ( _ ceased. ; UPON A YOILE VOiE TAKEPI 6P! TtfE ABOVE MOTION, all voting aye, Mayor Hee declared the motion carried unanimously. CORRESPO4DEt;CE FBOrq HILLIAM StDTT REGARDltt� HIS RESIGRATSON fROM THE HllMAN RESDURCES C0;71ISSIOfL• HOTtON by Councilman Fitzpatrick to accept the letter of resig�ation fran IJilliam Scott from the Human Resources Con�nission. Seconded by Council��roman Kukowski. Upon a wice vote, a11 voting aye, Nayor Nee dectared the motian carried unanimously. RESOLUTIO�� 170. 69-1977 CONFIRPIIPJG APPOINTMENTS 70 THE CITY OF FRIDLEY COhL+tISSIO'!5 TN----- YE`1R 19 : � M�TION 4y Councilman Fitzpartick to adopL Resolution No. 69-197�. � Setonded by Caunciiman Schneider. . � Councilman Fitzpatrick pointed out that every Commission re-etected its former Cbaimwn. UPON A YOICE VOTE TAKEN DN iHE ACOYE MpTiON, atl wting aye, Mayor Nee declared the aation tarried unanimously. RECEIVING BI�S AND AM'ARDING CONTP.ACT-- UNiFOFM A?:p IAUNDRY SERVICE 6I0: NOT10H by Councilman Hamernik to acceDt the bids as listed on page 12A nf�the agenda, add award the bid ta Gross lndustrial Towel and Gameni Services in the am.punt of -37,401.16, SeconCed by Councilwanan Kukowski, Upon a voi�e vote, al1 voiing aye, 1layor kee declared tAe crotion carried unanimously, . � �L : � . ii M ��� MEMORANDUii City Council It0;1: City Attorney Guidelines for the Disposition of Tax-Forfeited PropeYties ATG: July 8, 1977 The city council has discussed the feasibility and desirability f acquiring certain Cax-forfeited lots from Anoka County and selling the ame to individuals who can demonstrate that they can use said tax-forfeited ots in conjunc[ion with other adjacent property and, as such, form a suitable uilding site. The council has been reluctant to allow the county to sell ax-forfe3Ced lots that do not meet the minimum lot size. The purpose hehind he plan of the city to acquire substandard lots is to per.mit these lots to e joined with adjacent properties in order to form a reasonable building ite. If this plan is successful, ehe effect of iC would be to remove sub- tandard lots from the tax-forfeited lis.t and to place the property in rivate ownership wherein the vacious goverr.nental units iaould derive tax �ay,ments . It would be suggested Chat the following guidelines be follocaed if :he city chooses to effectuate the above plan: 1. That the city would not ptirchase tax-forfeited propecties from :he county if said parcels meet the minimum standards required by ttie city .n order to ob[ain a building permit. • 2. That in those sittweions where there are two or moze su6standard lots which are adjacent to each other, the city would puxchase said l,ots rrom the counCy and combine diem into one or more building sites. The city Jould then have [he building site appraised and �dvertise the site for sale. Ct would be sold to Ci�e person making tlie higliest bid, provided sai.d bid aas at least equal [o the appraised price. 3. In those situations cahere there is a tax-forfeited parcel that [s suhstandard and there are no additional tax-forfeited parcels adjacent [here[o, tlie city would Furchase said parccl and negotiate a sale with an 3djcining landowner. If the adjoining landowner had sufficien[ vacnnt property, which if added to [he tax-forfeited parccl would create a Uuild- tng site, tiien th� city would agree, prior to the sal.e, to issue a huilding permit. If the adjacent property owirer did noe have sufficicnt property, wl�ich if added to the tax-forfcited lo� would create a building site, ttien' tlie proper[y could be sold Co said landownec, bu[ an agrcemenC would be signed with said landowner nnd liis succcs::ors, hcirs, and assigns [o thc effect [hat no bui.ldiizZ; >>axmit wnuld be issucd fnr said subseandard lot. In either of th. latter inst�nces, die city sliould have an �greement with ttic adjlccnt landowiscr before purcliasing the ta�-forfcited lot Irom tl�e county. Page 2 4. If a tax-forfeited lot has private property on either side of it nr�d if the private oWners on either side wish to enlarge their lots, then the city shoulcl agrcc� to divide tLe tax-forfeited ioC and sell one-half to eaeh of the adjacent privaCe owners. The above program could be handled hy the city administration or, as an alternative, it wouid seem feasible that the Nousing and Redevelc�pment Aut6ority could handle this type of program under their existing authority. \ 11 A ;c i s 1 �y � 1�' i; ; , ,; i` ; �, � � ' t� ;: i'� i� ; �; il i; �. i � ii I� , , . � 7ENTATIYE GUIQELINES FROM 7NE PIANNING COtdMISSION 4/7/76 1. The Planning Comrr�ission feels that it was consistent with the Comprehensive Housing Plan that sub-standard lots,should be . developed in Fridley, but each sub--standard lot should bc con- sidered separately. 2. That there 6e no variance ailowed from the present ordinance allowing a mar,�mum of 25' lat cnveraye. (Fax examp}e, on a 5200 square foot lot, which v,�oui�1 require a variance foi^ lot size, only 1>300 squarc f�et of the lot cauld be covered by the house and garage.) 3. If.th2re is iand ava•tt�File on either side Q� a sub••st:a.ndard lot, every effort stiou"td be made ta pui°chose tha.t lo� at a iair market price by tF�e pet•itioner, sa the lot size would be con- Sistent with existiny b�ilding sites in the area. If the pet;ii:icm er :refuses to try and E�egatiate 7`or a6ditionai vacant iand, cansideration �should begivehto dena��n+3 �:he vzriance. A71 denia7s have to be dased on good, sound cor�siderat�ons. ' �. 4: That #he otianer/builder make as mi�ch of an effort as possible to meet .the existing eodes, 5. 7hat�the hause teing built on a sub-standard lot blend ii1 as ates�hOtiC�i�lY as poss�ble with the existing houces in the neighborhoad� �rea]izing that a new t�ame cannot alvrays blend into an olci neighbarh�ad. f91 _�;; ,, �u P1annSng Couanission Mee[in� - December 8, 1971 Paste 10 . i90TION by Schmedeke, seconded by iitzpatrick, that the Planning Co�+ssion table the Lot Sp1it Request, L.S. k71-S5, by John M. ketcalfe to split Lot 2b, except the Easterly 165 feet thereof, Revised Auditor's Subdivision No. 13 onti2 Janaary 12, 197?• Upon a voice vote; a11 voti»g aye, the motion carried unanimouslg. 8. S�.1T PUBLIC HEAAiNG DATE OP JANUARY 12, 1972: REQUEST FOR A SPECZAL USE PERMIT, SP 1171-17, DON'S GI7LF SERVIC? STATION. Request for D-Hau1 rentals on Exsterly 351 feeC of Lo[ 12 and Easterly 351 feet of the Southerly 20 feet of Lot 11, Auditor's Subdivision :70. 155, except that part takea for highway and street purpases, per Code Section 45.1�1, Subaectioa 6, Paragraph 3E. MOTION hy Zeglen, seconded by Fitzx trick, that the PIanning Co�mrtiss'oa set the Public Hearing date of January 12, I971 for the Specia2 Use Perm�t, SP �71-Z7, by Dion's Gu1f Service Statior. 'or U-Haul rentals. Upon a voice vote, a12 voting age, the motlon carried nna:i:nously. 9. GO:�REHENSZVE PLAN FOIt TfiE CZTY OP FRIDLEY: The Co�ission aet the date of January 26, 1972 as a study meeting for the Comprehensive Ylan for the City qf Fridley. 10. SECO`r'D MEETING IN DECEMBER (DECFF�ffi°$ 2^_, 1971): The Conmission decided to forego *_ae Planning Comaission meeting of Decesbe� 22, 1972. The next regular �etiag of the Planning Commission vill be January 12, 1971. 11. GUIDE LINES FOR LOTS SUBSTANDe1RD I:: SIZE: Chairman Erickson said the questioa is if a petitioner, when he purcnased a 40 foot lot, could legally build on '_t. Zn 1956 he could not build on 40 foot lota, nor can he today. The question now is what should the Planniag F Co�ai.ssion do about these lots. T".ie City Engineer referred to the Y_cClina lots: They were tax forfe:t before 1953, since then no taxes were paid xnd the lots went tax foxfeit again. On two of the lots Ea�t of 3rd Stteet in the Plymouth Addition, �here would be a c�ay to build by vacating the stzeet and adding the additional land to the lots. This would give Mr. McCl:sse 70 foet lots. The Chairman said that wherever possible, the Commissioa should try to work out sone guide lines or s[ateme:t of policy. The study this evania3 �� , would be confina3 to Ply-mouth Additie.-.. After s lengthy discussioa among the mecbera of the Planning Cou�ission, �. Hr. Qureshi eu�arized the Coc¢nission's cc�enta as follows: �, �l. PlnnainK Cosmission"Meet±nz - December 8, 19�1 Pa�e 1? 4ith Avenue: Lot 30, E1ock 9(LoC East of 3rd St.) 48th Avenue: Lot 30, Block 8(Lot East of 3rd St.) To be allcued to build by vacating the Soctherly half of the street makS.r.g the lots 70 feet wide. Tot�l structure ta be built on the 40 foot part of the lot. � 48th Avenue: Lot 15, Block 2(Lot on West side of 3rd St.) . Conaider a?loving to build a small house 1� stories high with 5 foot size yard to Lhe North. Hoase Co f.t in wSth the neighbori�3 structures. 48th Avenue: Lot 15, Block 3(Lot Weat of 2� Street) Consider allowing to build a single story, small house with 5 foot sice yard to the North. Souse to :it in with the uaigh- boring structu:es. k6th pvenue: tot 16� S1xk 11 (Lot East of 2nd Street) Single stc*y snall house wit� 5 foot side qard to the North to be consid�red. House to fit in with t:.e r.eighboring etructures. 3rd Street: Lot 21� B:oc� 10 The Comnissioa wanted to check further about the ownership ar.d backgro�zd. 47th Avenue: Lot 30, B:ock 12 (Lot East of Main Street}. t� Should aot be considered for constructior. becauae of the trafiic and cross'_�g street traffic visual proble=s. 49th Avenue: Lot 30, Block 2(Lot oa corner of 2'� Streat) 49th Avenue: Lot 30, Block 1(Lot on corner of Univers'_ty Avenue) Should not be cor.sidered for coastruction because of the traffic and cross:ng street u�ffic visual probl�s. Mr. Quzes`�i said t=at t`ae Planair� Comnissioa indi:a=ed that these recom- mendations should be for:ar?�d to the Gouncil with the =o7.lowing addi*_ional cocrmenta. The request for wnstruction these lots s�c•_ld still go through the Board of Appeals fo_ variances so that there will be a chance of ad3itional discussion with the neignborhood before the City makes c;z final decision nn el.l.owing the cens�ructioa. iney also wanted these recc—er�ations made aVaiiabl� to the n�ard c: Appeals. ? 7':"; R�AfENT • There baing no fur-i:er businese, Chairman Erickson adjourned the meetiag at 11:40 P.M, Respec[fully su�sitted G'�1'.�.rc� ���(.i7n.c.ei..... HazeY 0'8rian - �ecordir.3 Secretary REGULAR COU::C-:. !�:ETII:G OF RPFSL 17, 2972 OF SWIHMI::G l.i�L: 1 u, PAGE 6 �r�+ rt \i°J The 8ngineerir.q ;,ssistant said that this request is for the same area as last year by Sob's Prodsce Ranch. They were granted a special use pexmi.t for one yea.r. Last year the o�ration was not under the jurisdiction of Green Giant, bLtt xkii8 year they vill iz responsible for the maintenan�e, display and sales of thg pools. He showed the Flans on the easel and said that the plans include the 8� X 12� cabana used last year. The cabana will be used mainly ioz handout Flateziai and di�lay of pool supplies and the actual sales will take place in the main Garde� Center. Qpt�tF'3IA�a Utter asked if the pool area would be £enced and �e Enqinea;inq Assistant repiied yes, it wae last year. Councilman Utter asked if it �Llld k6 locked so these �r;:�l@ be no possibility oi a youngster getting into this �ea, Mr. Bob schrcer said that it vauld be locked at night and it wQ�d dlso be locked ii the salesman steps out Por a cup of coffee. Thele W111 ke dr� attendant tnere all the time. , MpTIQ19 by Counciln•an Mittelstadt to concur with the Planning �iss�,o� and g�dnt the special use permit SP #71-07 to Green Giant Aome & Garden �eriCeTS, �no, for the pyrpose oi above ground sw+���g pool disp2ay and to allow the Cdbana stFUCture to be ;ised again for a one year pericd as of the date of approVal, $�conded by Coun=ilraan Utter. Upon a voice vote, all votinq aye, Nayqz I,iebl declared t�e notion carried unani.mously. PIJIN'PIhG 3G'JLEVARD: 40 FEET, MOORE LA10E HiGfiIA*1DS 4TH Ri7DITION� The Engineering :,ssistant said •there is a program aponaored hy the SeaiOX K}gh �or glantir.q trees and the thought was that the school might paztiCiQ�tE. COUnCilman Uttez talked to the schoo2 and found that there is more land for gl#�tin4 now tuaa trees available. Councilman L•tter added that the sch0ol has a numtrer of ;.nings acheduled Eoz this yeaz already and there is neither tt�es nor ti.ne a�ailable. 1daYq� Liebl said he aould like to eacourage the younq people to participate �� �hg beautif�r,ation of their City, and that it would be a worthwhile prpject fOF Ch� t�o P1an= trees, nurtuze the� and see them grow. He said, as }ye ;eCalled, abou� 5 yeazs ago Former Councilman Samuelson metttioned this, rSayoF L�e�i3 Sdid he ielt that the schools should be more involved in plantings pithlA �e Cj,tx o£ Friciey. He asked that the Planning Co�ission pursue this and p�Fhaps somethiag could be worked out for next year. The Engi.neerinq Assistant sµqyes4ed that tzis strip of land could lend itselP to a walking tsail Co I��ke Pd7Ck �d that tn� Parks and Recreation Co�ission could rnnsider it. FOR77 FOOi :ATS ZN FRIDLEY: �ayor Liebl said that Fridley still has some 40 foot loGs lef�. undeveloped, �d•; if anyone shoulc show an interest in purchasing the�, he would like to hdye a pplicy already Eoraulated that xould be Sair and impaztial to a21. The Ft�gineering Ass`.stant pointed out that laet Dece�uber the Planning Ca�isSl.on mdd0 d ie4e�encation on the use of some af the 40' lots in Plymouth Addi�Son. �'t��ze cannot be a blanket policy for use on all a0' lots� because some o€ the� are 1n the interior of a bloclt and some are on a corner where if they were �uilt ppoT� they �oouTd create a traffic hazard. itayor Liei�l sdid that over t,he past fiv� years, he has received calls from people havinq AO'-lots'and thex wondered what they shoulc do with the�n. He said he would like to see evez�r J,ot µtliizeSj :��;�. � \I :�EGUiJ1R COUNCIL MEETING OF ApIUL 17, 1972 �� � . � ���PAGE 7 ' � �d on the tax rolls. He urged the Planning Comnisaion to continue workinq on some sort of a po2icy. MOTIDN by Counci]man greider to receive the Miautes of the Planninq Ca�ission Meetinq of Rpril 5, 1972, Seconded by �o��i�an DSyttelstadt. Upon a wice vote, all ayes, Maycr Lisbl declared the motion carried unaaimously. RECEIVING THE �h*(7TES OF THE nrirrr�rn,.. �..._.�___ ' � T i"J USE A � PART ;Fp - DESIGN CCtiT1�L FIIDTH TRAZLER F01 600, SECTI^t: 12 � .`:.E. � F2�G BZGHWAY po5 N.E. The En9ineering Assistant showed the locata,on of .the screen and said this business is 3ust south of the Frostop Dri�e-Zn. He asked t}:e Ac�ini,s}�ativa Assistant to present the plaris, The Admi.nistrative �8ys�t said that the stipulations on the tpecial use Pe�it are listed in the Agenda along wit}� the stipulations i.mposed by tha Building gtar�d�3�. The c:�anqeg the &uilding Staadards maae a�e �at �eY �.ranted the front setback changea ;rQm 15 feet to 20 feet and they did nok recoffinend approval of blacktop �bing and wanted pourag concrete curbirrq� They also did not have a c�plete landscaning plan and .-uked tiiat it be nresented to the Council at their meeting. Castle Mobile Homes pians pn ���yg oiled aznshed rock £or the trailer parking and blacktop for thaiz parkinq lok� Yhe plot plan as submitted tonight eovers all the stipulations. "3ayor Liebl asked if Castle agrees with t,ke ohattqes in setback an$ N�, gqt��. of Castle Mobile Homes, Sayd yes. He said, as to the poured concrete �by�y� that they would like to suggest that pre-stressed concrete curblrq ��e� =t could be anchored down with spikes. They feel.that the blacJctop curbing would det�iQrate in 3- 5 years, so they offer the auoggstion for the gre-etreased �n�e�e oarbing. The peured mncrete curbing would be very expensive for a buainess with a special use pe�ait for a dyration of only £ive yeazs, Mayor �.ebl asked iP thep Would agree to 031 the crushed rock and M�. g,ot�er saj,d yes, �e �en brought the landscaping Plans to the Counci2 table and said �hat ]�e questioned the rem+:,-�ent for sod in the tyro fsontaqe strigs along the sexy�ce road� arid t}�at theY urouid prefer to use aqgregate. .SOd ie haxg to mainfi�xn ai�d in their Eozmer location they foand that the_gay�d blo�+iag across the hig1�, KaY would Jd.11 the sod, xe agreed qrass wouid lvok nicei aad wou],d acid colos to the two 20' X 75' strips in the front, but he did not ieel it Was practical, YayoF I.iebl said that the sod would do much te beautify their business �zd he realized they were only asking foz five year approval, but he did not feel egQxegate is the answer. He pointed out Hoiiday used aggregate and had a lok of maintenance pr�le�. it is difPicult to keep it in place, pir. Rottez said that sod is alsv �ffi�ylt ��ntazn,but they would be �nilling to �y it. Councilman ereider asged if he would be usinq plastic shzubs. Mr, gotter sayd �r �eY aould be live and said his plan �ras drawn up by 8ob's Produce Ranct�, YayoX Liebl asked if he wop�a be u�ing anY evergreens and Mr, �tter showad �a CITY OF FRIDLEY PLANNING COMMISSION M�.'ETING FEBRUARY 8, 1978 CALL TO ORDER: Chairperson Harris called the February 8, 19']$, Planning Commission meeting to order at 7:43 P.M. ROLL CAI,L • Members Present: Shea, Bergman, Harris, Peterson, Schnabel Langenfeld Members Absent: None Others Present: Jerrold Boardman, City Planner APPAOVE PLANNING COMMISSION MINUTES: JANUARY 25� 1978 M�TION by M�. I,angenfeld, seconded by Ms, Shea, to approve the January 25, 19?8, planning Commission minutes, Ms. Schnabel commented that the Request for a Special Use Permit SP#']8-01, by Menard Cashmay Lumber had been continued. She asked when that item would be hattdled. Chairperson Harris said that on February 15, 1978, there would be a meeting at City Hall regarding this item. He said that all the people on the original mailing list as well as all the people that aeed the sign-in sheet would be notified. Mr. Boardman indicated that it would be included on the agenda after the special meeting was held. UPON A VOICE VOTE, all voting aye, the motion carried unanimously, 1. PUBLIC HEARING: RE9UEST FOR A SPECIAL USE PEA�fIT SP #7$-02, BY HAR`P CUSTOM HOMES INC.: PER FRIDI,EY CITY CODE SECTION 205,102, 3, N TO ALLOW THE EXPANSION OF THE SALE OF MOBILE HOMES TO INCLIIDE LOTS 4r5� & 6� BLaCK 1� CENTRAL VIE4Y MANOR; THE SAME BEING 7355 HIGHWAY #65 NE MOTION by Ms. Schnabel, seconded by Mr. Lan$enfeld, to open the Public Hearing. Upon a voice vote, all voting aye, Chairman Har�is declared the Public Hearinq open at 7:47 P.M. Mr. Boardman explained that the purpose of the Special Use Permit request was to enable the e�cpanding of the existing trailor facility� He said what was proposed was a display area for double-wides, Mr, Alvan Schrader of 7355 Highway #65, Fridley was present at the meeting, He was representing Hart Custom Aomes, Inc. He owns the Company, PLANNING COi�QiISSION MEETING - FEBRIIARY 8. 1978 Pa�e Z Mr. Schrader showed the commission the proposed plan for the Display area of the park. He also had an overlay of the existing operations to better indicate how it would all fit together. Mr, Schrader explained that the existin� facility was 1t�0 feet wide by 510 feet long. He said the facility had been in operation since �976. He shomed how the property was situated in relation to 73�- Avenue. Mr. Schrader said that the Company was getting into the area of selling double-wides and modular homes. He said that it was almost impossible to be able to display the double-wides and modular homes on the existing lot, He felt it was necessary to display the new models in an environmental type display. He said the proposed area would be set up in a residential-type situation. Mr. Schrader said that what was being proposed was putting six units in on a semi-permanent display (probably turn-over once every six monthsa. He said that the six units would be 24 x 65 feet at the largest and 2y x k0 feet at the smallest, He said they planned to put a court-yard type display with a sidewa].k� shrubs� and grass into the proposed area. He said that by doing so� it would make it easier to move the units and also not disturb the court-yard, so that the court-yard would actually be a permanent item. He said they were trying to accomplieh an environmental display of how a model would look in a residential situation and felt that could be done by usin� berming on the �3rd Avenue side and utilizing treesa shrubs, stc. Mr. Schrader said that some o£ the new models would conform to the Uniform Building Code, He said these models would be ordered from the factory and would be elevated onto basements and would result in a regular stationary house, He said that these models would meet all the necessary codes, Mr. Schrader said that also by expanding their facility, they would be able to better meet the City Code of ten feet spacing between the display models. He said that the single wide inventory would be maintained basically in the existing area and the double-wides and modular models would be displayed itt the proposed area. He said that the court-yard paved street would be named ��Boulevard of Dreams". Mr. Schrader said that Lots 4, 5& 6 were each 60 feet wide and 200 feet in depth. He also explained the anticipated traffic flow into his Operations. PLANNING COMMISSION MEETING - FEBRUARY 8, 1978 Pa�e �, Ms. Schnabel questioned the ownership of several adjacent lots. Mr. Schrader explained that one of the adjacettt lots was owned by t12e City and one was o�vned by the County, Mr. $oardman expZained that the only lot the City had was the lot that a pump house was located on. Ms, Schnabel asked if any screening would be required, Mr. Boardman said that the only screening that would be required would be around the base of the trailors by means of decorative blocks and such. FIe said that berming would also be required that Mr. Schrader had agreed to. Mr. Schrader commented that the displays would only be changed at a minimum of every six manths and the maximum of once per year. Mr. Peterson indicated that there didn't appear to be any neighborhood objections. Mr. Boardman indicated that a variance would be requested regarding the curbing. He said that due to the moving of the units, that curbing would pose many problems. It was explained on the pians exactly where curbing would be desired and where it would not be desired. Mr. Langenfeld asked if Mr. Schrader agreed to all the stipulations. Mr. Schrader said that he had agreed on all the necessary stipulations that had been indicated. htr. Bergman asked if Mr. Schrader was in agreement with the proposed landscaping plan. Mr. Schrader said that he was in agrsement with the landscaping plan as was indicated on the plans the Commission had before them, Mr. Bergman indicated that he was not aware of any complaints resulting from any activity that had been in operation since Hart Custom Homes, Inc. went into that location, Mr. Schrader egplained further about his operation. He said it would be an environmental display. He said that the double- wide HUD built home was selling for between $20�000 and $30,00� and the modular home componeats were also selling for between $20,000 and $30,000. He said that Hart Custom Homes, Inc. would do �he coffiplete construction that would include the basement, sewer, water, etc. and the cost would be approximaterly $45e000, He also pointed out that there would be long-term financing available. He said all the models would be HUD built under the new Federal standards or built to the Uniform Building Code. PLANNING COMMISSION MEETING - FEBRUARY 8. i978 Pa�e �. Ms. 5chnabel asked if Mr. Schrader would be putting up an advertising si�n on 73§ Avenuec Mr. Schrader said that the only new signage would be signs located in front of each model that would indicate the type of model, the square foota�e, and possibly the price. He said that the signs would be under three square feet. He said that they ucould also install a street sign indicating �'Boulevard of Dreams��, but that there would not be any additional advertising signs needed at that time, MOTION by Mr. Langenfeld� seconded by Mr. Peterson� to cZose the Public Hearing. Upon a voice vote, all voting aye, Chairman Aarris dec�ar2d the'Public Hearing closed at 8:11 P.M. MOTION by Mr. Langenfeld, seconded by Mr. Peterson, that the Planning Commissiott recommend approval of the request for a Special Use Permit SP #78-02� by Hart Custom Homes, Inc.: Per Fridley City Code Section 205.102, 3, N to allow the expansion of the sale of mobile homes to include Lots 4,5 & 6, Block 1, Central View Manor; the same being 7355 Highway #65 NE• with the stipulations that the base of the mobile homes on display be properly screened, that curbing be provided as indicated on the proposed plans, and that berming be done along 73} Avenue.: Upon a voice vote, all voting aye, the motion carried unanimously. 2, RECEIVE ENVIRONMENTAL 9UALITY COMMISSION MINUTES: MOTIDN by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning Commission receive the January 17, 19']8, Environmental Quality Commission minutes, Mr. Langenfeld said that the second sentence of the second paragraph on Page 10 of the minutes should read, "It was done by computer and the people were supplied with books, materials, etc., and it went up to 25 ep onle.�+ Mr. Langenfeld said that the Noise Ordinance was discussed. He indicated that the Commission had mellowed somewhat regarding tkee Noise Ordinance due to a statement made by Mr. Steve Olson, �nvironmental Officer. "Mr. Olson had looked at the Noise Ordinance draft and� in a conversation with Mr. A1 Perez, State E.P.A„ had come to the conclusion that there seemed not to be a great noise problem in Fridley and it might be best for the City to design an ordinance in which it simply adopted State Standards for noise poZZation control and detailed enforcemen�," PLANNING COMMISSZQN MEETING - FEBRUARY 8, 1978 Page 5 Mr. Bergman referred to the item discussed on Page 8 of the minutes, Recycling Project Committee Report. He explained the workings of a Recycling Collection Center in St, Anthony. He said that it would be worthwhile for someone from the Environmental Quality Commission to do an observation on that Center. Mr. Langenfeld said that the suggestion would be passed along to the Commission. Chairperson Harris quoted the statement that necessity was the mother of inaention, and he felt that eventually the people would discover ways of turning trash/garbage into energy producers. He pointed out that there was presently a city in Iowa that was using trash for energy by recycling the trash. He said that at that point in time the dollar costs were breaking even. He said that they were burning ihe trash/garbage for energy, recovering the aluminum and steel from the cans, recovering the bottles� etc., and the operation of the plant was breaking even, or not costing anything. He felt that that way made more sense than dumping the trash/garbage into the ground from_where it v�ould eventually pollute- the ground water systems and such. Mr. Bergman gave his concurrence and support to whatever the Environmental Quality Commission was doing in the area of recycling. IIPON A VOICE VOTE, ALL VOTING AYE, the motion carried unanimously. The minutes were received at 8:32 P,M, 3. RECEIVE APPEALS COMMISSION MINUTES: JANUARY 24, 1978 MOTION by Ms. Schnabel, seconded by Ms. Shea, that the Planning Gommission receive the Appeals Commission minutes of January 24� 1g78. Ms. Shea commended Ms. Schnabel on the diplomacy she demonstrated at a most difficult meeting, Chairperson Harris asked if the City Council had acted upon the issue of !�0 foot lots. Ms. Schnabel said that it would appear before City Council February 27, 7978. Ms. Schnabel said that one of her major concerns regarding the request by Mr. Gordon Hedlund was that as soon as it was approved to build on the 40 foot lots� the value of the lots would go immediately from $$00 to approximately $5,600 or $6,000, She said that the buyer would get no ��break�� because of the Iot size and Mr. Hedlund would receive the entire profit, She said that the estimated, buildable value of the land was what made the price of the house so high� PLANNING COMMISSION MEE2ING - FEBRUARY 8. 1978 Pa�e 6 Chairperson Aarris asked what Mr. Hedlund's next step might be. Ms, Schnabel said that Mr. Hedlund had indicated that he would take the matter to Court if the requests weren�t approved. Mr. Boardman said that the exhibits that accompanied the requests were very complete for the main purpose that it could ettd up as a Court case. Ms. Schnabel said that the Appeals Commission had excellent Staff input regarding the requests. She said that Ron Holden, the Staff person� had been most supportive on the matter. 40 FOOT LOTS Ms. Schnabel said that mhen City Council decided to turn-over the many lots to the County, their intention had been that the tax-forfeited lots would make nice additions to the existing land owners on either side of the �0 foot lot or the adjacent land owner in the case of a corner lot, City Council had indicated that the lots were unbuildable lots. She said that when the County advertised the lots in the paper the Caunty put a notice at the top that said, ��Check with your local City for buildin� restrictions on the lots.�f Ms. Schnabel said that Mr. Hedlund claimed that he called the City of Fridley and had been tald that there would be some problems with the lots. He claimed that he was never told specifically that the lots were unbuildable. She said that he also claimed that the County did not announce that the lots were unbuildable at the time of the auction. Ms. Schnabel said that there were some discrepancies in Air. HedZund's statements. She felt that Mr. Hedlund was trying to build a case through the minutes that he had not been told in advance that the lots were unbuildable. Ms. Schnabel said that the minutes of the previous meeting that was held on December 13, 1977, he had been specifically asked if he was aware that the lots were unbuildable and he had stated in those minutes that he was aware of that fact at the time he bid on the lois, Ms. Schnabel said that Mr. Hedlund was again specifically asked at the January 2�., i978, Appeals Commission minutes if he was aware that the lots were unbuildable lots, and Mr. Hedlund again stated that he was aware that the lots were unbuildable. Chairperson Harris asked how the City of Fridley could justify not allowing construction on 40 foot lots when Minneapolis, St. Paul, North St. Paul, Columbia Heights, and Robbinsdale did allow building on 40 foot lots. PLANNING COMMISSION MEETING - FEBRUARY 8. 1978 Pa�e 7 Ms, Schnabel said that Communities set their own standards, She said that the City of Fridley chose the standard lot size as '%5 foot. She referenced Page 10, third paragraph. Chairperson Harris said that another problem ihat the City of Fridley would be faced with was the fact that plats had been accepted vaith t�0 foot lots, Ms. Schnabel said at the time Fridley became a City and started to be developed that the people in Government at that time determined that they did not want 25 foot or 40 foot Iots, they wanted a minimum of 75 foot lots. She said that it was a suburban area and that was how they wanted it develaped. Mr. Bergman wanted to know if that decision could have been arbitrary and capricious. He felt fairly certain it wasn't capricious. He felt it was only arbitrary in the same context as every city's ordinances are arbitrary. He said that even though it may have been an arbitrary decision, it was written into the law. He said it would be that reason that a person would not be able to build on a 40 foot lot. Ms. Schnabel said that in 1911, when the plat was accepted by Anoka Coun�y, a different set of facts were being deatt with. 5he said that the facts were dealing with a community that was only a sma].1 percent developed versus the fact that now the City of Fridley was 9035+ developed, Mr. Peterson said that it was a dynamic fact of law, that law changes. He said that even though the County accepted the plat in 1911, the law has changed and the person that purchased the lots had been informed of the changes in the 1 aws. Chairperson Harris said that perhaps those y0 foot 1ots, if they were not a viable piece of property for development, should not have been sold. He said they should have been held for open space, public land, or whatever, Ms. Schnabel felt the City made a mistake ever putting those 40 foot lots up for sale. Mr. Bergman felt that whether the loi was buildable ox unbuildable or whether Mr, Hedlund hacl been informed that it cvas unbuildable were actually iinmaterial to the actual issne. He said that there were City Ordinances that stated the required setbacks on lots and the minimum square footage required on lots, He said that a citizen of Fridley could try to obtain variances from the City Codes and if those variances were granted, then the person cauld build on any lot regardless of the size. He said that the fact was that the person did not always get the variances that �rere requested. PLANNING COMMISSION MEETING - FEBRUARY 8� �978 Page 8 Ms. Schnabel said that she felt that the Commzssion had actually been dealing with two separate requests; the first was whether building should be permitted on a sub- standard 1ot, and the other was whether any variances would be granted. Chairperson Harris said that there was a general policy that the City of Fridley did not issue building permits on 40 foot lots. Mr. Boardman said that the City Code indicated �hat the building site had to contain 7,500 square feet and be 50 feet wide on lots platted before �955. He said that anything platted after 1955 had to contain 7,500 squre feet and be 60 feet mide, HYDE PARK Ms. Schnabel said that there were many 40 foot lots in the Hyde Park area that had single family homes an the lots. If some disaster occurs and the owner of the dwelling loses over 50% of the house, she wanted to know if they could rebuild on that particular lot. She said it was a hypothetical question based on the faci that the area was rezoned back to R-1� Chairperson Harris said that the Hyde Park area would have to be a Special Zoning district that would allow commercial and R-1 mixed that existed there. He said that when the Guidelines were written up� the lot sizes could be handled at that time. Mr. Boardman said that three meetings had been held with the Hyde Park neighborhood committee. He said that the types of xegulations wanted for ihe area had been decided upon. He said they wanted single family zoned district, but would allow the rebuilding of any existing structures, such as multiple-dwellings, etc. should those bniZdings be over 5U'� destroyed. He said that they desired the minimum lot size of 60 feet. The neighborhood committee felt it would be to the benefit to the neighborhood to get rid of the 40 foot lots and require 60 foot lots. Mr. Boardman said that the general feeling of the people in the Hyde Park area was that they didn't want to put a burden on anyone that already lived in the area� they didn't want the spread of multiple-dwellings into the area, they didn't want the spread of commercial into the area, they want to keep the single-family character and they feel that a required 60 foot lot was a good size lot for the character of the area. PLANNING COMMISSION MEETING - FEBRUARY 8� 19'78 Pa�e 9 UPON A VOICE VOTE� all voting aye, the motion carried unanimously. The January 24, 1978 Appeals Commission minutes were received at 9:06 P.M, MOTION by Ms. Schnabel, seconded by Mr. Langenfeld, that City Council review the list of any existing, tax-forfeited, 40 foot lots that have not been sold through public auction and that City place a hold on the sale of those propexties. Upon a voice vote, all voting aye� the motion carried unanimously. Chairperson Harris declared a break at 9:11� p,M, 1+. CONTINUED: PARKS & OPEN SPACE PI,AN Mr. Boardman indicated that once the Planning Commission completed discussing the Parks & Open Space Plan, Staff would do a re-write of the Plan, clarifying items that needed it and solving any problems that came up regarding the Plan. He said that at that point in time the Parks and Open Space Plan would be brought back to the Commissions to get their approval, and then a Public Hearittg would be held on the Plan. Chairperson Harris felt that at the time the Plan came before the Planning Commission would be the point in time that Mr. Charles Boudreau should be asked for his opinion of the Plan. Mr. Boardman said that he would arrange for Mr, Boudreau to appear before the Planning Commission at the same time as the Parks & Open Space Plan would be handled by the Commission. Mr, Boardman said that the process of the Parks & 0 en Space Plan after the re-write would be to send a copy to �he Chamber of Commerce� other Civic organizations�and all the Commissions for their second review on the Plan so that any additional comments/correctio ns could be made before the Public Hearing. Mr. Bergman couldn�t understand why the Plan would have to be sent to all the Commissions for their second review. He felt that the process �vould be a bit buZky, Mr. Boardman said that the re-write would be sent to the other Commissions mainly for informational purposes. He said that they would not have to act on the Plan, It was decided by the Planning Commission that Recommendation 1 at the bottom of Page 27 of the Parks and Open Space Plan was acceptable as written. Mr. Peterson said that Recommendation #2 at the top of Page 2� was not acceptable. He said that he completely agreed with getting neighborhood feedback and to make the parks as closely akin to what the neighborhoods want; but he said there was also the overall City Program and sometimes the only people aware of that Program are the Commission and the Director. PLANNING COMMISSION MEETING - FEBRIIAAY 8 l 8 Pa e 10 Mr, Boardman suggested that Recommendation #2 at the top of Page 27 be rewritten, ��2. Design neighborhood park facilities in cooperation with residents so as to more closely meet neighborhood recreation needs." The members of the Planning Commission were in agreement. It was decided by the Planning Commission that Recommendation 2 at the bottom of Page 27 of the Parks and Open Space Plan was acceptable as written. It was decided by the Planning Commission that Staff should rewrite Recommendations 3&� at the bottom of Page 2�. It was suggested that the two recommendations be combined into one recommendation. Mr. Bergman suggested the wording to be� "Establish a program evaluation process, by which staff and program personnel define program strengths and weaknesses on a continuing basis consider�ng the natural and man-made resources available.�� Mr. Boardman said that he would do some work on the recommendation. It was decided by the Planning Commission that Recommendation 5 at the top of Page 28 of the Parks and Open Space Plan was acceptable as written. 8ecommendation 6 on Page 28 was discussed by the Planning Commission. Ms. Schnabel wanted to know why the City should provide a Program for the School System, She wanted to know if the schools had an instructor on their staff that was a Natural History person that could develop a program, Mr. Peterson said that the precedent was such that that was what was happening in the cities. Tke City was developing programs describing the ecology of natural history areas in the City. He explained that actually the school systems would have no jurisdiction to go onto the City property to develop the nature trails, etc„ which the City does and allows everybody to use them. Ms. Schnabel agreed that someone should develop the Programs, but felt that it was more in the field of Education than it was in the field of City Administration. Mr. Boardman said that the Program that would be developed by the City would be used by the schools as well as the residents of Fridley. He said there was no sense setting up a program that could just be used by the residents and exclude the schools from the program or vice-versa. He said that if the City of Fridley was to have a Naturalist and would develop a Naturalist Program, then it might as well be opened up to the schools too. PLANNING COMMISSION ME�TING - FEBRUARY 8, 1978 Page 11 It was decided by the Planning Commission thai Recommendations 6& 7 on Page 28 of the Parks and Open Space Plan were acceptable as written. Mr. Boardman suggested a rewriting of Recommendation 8 on Pa�e 28. He said that the main intensive use recreational area being looked at was Commons Park and he said they were running out of room at Commons Park. He said that Commons Park was initially set aside as a neighborhood facility to serve the neighborhood around the park. He said tliat Fridley didn't have the City-wide recreation spaces so Commons Park was taken over because it was centxally located, He said that a serious look had to be taken at the city-wide recreation activities as to where they can be placed. He said that much more room was needed for that type of recreation. He said that other neighborhood parks were being utilized for city-wide recreational activities. He said what should really be looked at was the feasibility of obtaining more land or redeveloping the land available for high intensive recreation activity areas, The Planning Commission agreed with Mr. Boardman's suggestion. It uaas decided by the Planning Commission that Policies under Objective 5 on Page 28 of the Parks and Open Space Plan shouid be rewritten toi i. Promote regional� county, city areas of park and open space interest, 2. Promote preservation of remaining significant ttatural habitats. 3. Acceptable as written. 4. Mr. Peterson said that the statement did not belong in the particular area. He suggested handling the item in a separate area. Ms. Schnabel suggested an entire new section entitled "Critical Areas��. Mr. Boardman said that he would set-up a new section to be included in the Parks and Open Space Plan and include all the items relating to a Critical Area in the City of Fridley. The Planning Commission discussed Recommendation 1 at the bottom of Page 28. Mr. Peterson saic3 he interpreted the statement to read that it was important that conservation of natural resources be one of the primary thrusts of the Parks and Open Space System and conservation within urban areas requires management and interpretation. PI,ANNING COMMISSION MEETING - FEBRUARY 8. 19']8 Pa�e 12 Mr, Peterson suggested that Recommendation 1 at the bottom of Page 28 be rewritten to; t. Conservation of natural resources should be one of the primary thrusts of the Parks and Recreation �pen Space System, The other members of the Planning Commission were in agreement with Mr. Feterson's suggestion. It was decided by the Planning Commission that Recommendation 2 at the bottom of Page 28 be completely eliminated. It was decided by the Planning at the top of Page 29 would be entitled ��Critical Areas��. Commission that Recommendation 3 inserted in the new section The members of the Planning Commission asked that Mr. Boardman have Recommendation 4 rewritten. They felt that the statement was necessary, but didn't like the way it was worded, It was decided by the Planning Commission that Recommendations 5, 7�d 8 be eliminated. Mr. Langenfeld suggested that Recommendation 6 on Page 29 of the Parks and Open Space Plan be rewritten to: 6. Natural history areas should be maintained for passive activities including nature hikes and tours administered by the City Naturalist. The other members of the Planning Commission were in agreement with Mr. Langenfeld's suggestion. It was decided by the Planning Commission that Recommendation 9 on Page 29 be inserted in the new section entitled '�Critical Areas". It was decided by the Planning Commission that Recommendation 10 was redundant to Recommendation 6 and should be eliminated. Ms. Schnabel indicated that Objective 6 was to be added. She said it was entitled� 10Maintain and/or Establish Professional Staff'�. She said that it had been decided previously that items that dealt mainly with Staff would be put in a separate section. Ms. Schnabel said that two items that appeared on Page 18 of the Parks and Open Space Plan were to be included in the separate section. . Permanent parks and recreation staff requirements need to be evaluated. . There is a need for parks and recreation department policy guidelines. PI,ANNING COMMISSION MEETING - FEBRUARY 8 1978 Pa�e 1 Mr. Boardman said that 5taff would rewrite the goals and objectives to include an Objective 6 that would deal mainly with Staff. Mr. Langenfeld said that the Environmental Quality Commission had suggested a Recommendation 11 under Objective 5: 11, Fertilizers and other related material levels would be limited in the City waterways. Mr. Boardman suggested that the item be reworded to, "Encourage the reduction of pollutants in the streams and rivers which are utilized for recreational activities". He then said that the item would be included in the "Critical Areas�' section of the Parks and Open Space Plan. Mr. Boardman explained the rest of the sections of the Parks and Open Space P1an. He said they would be a color coded map of the proposed park system. Mr. Boardman explained that the Parks and Open Space Plan would be re-written and then returned to the Commission for approval. He said that they had much direction from the Commission as to what exactly was wanted. He felt that the Plan would be ready for approval after the re-writing. OTHER BUSINE5S Chairperson Harris said that at the City Council Workshop meeting held on January 30, t978� the Housing Maintenance Code was reviewed, He said that for the most part, City Council agreed with the Code. Mayor Nee had indicated that the Housing Maintenance Code was clear enough that even he could understand it this time. Ener�v Commission Chairperson Harris said that the Planning Commission would discuss the Energy Commission such as setting up the policy. Mr. Harris wanted to know what the Planning Commission wanted to do with the item. Mr. Boardman said that the main thing that was brought out at the City Council meeting was that they wanted to develop an Energy Commission with the scope of Energy. He said that it was decided that the term '�energy+t was so broad that guide- lines lvere needed. City Council said that the Planning Commission was to set up the guidelines and the policy and either set up a Commission to handle the subject or else set up a project committee. PLANNING COMMISSION MEETING - FEBRUARY 8. 197$ Pa�e 1!� Mr. Langenfeld suggested that each chairperson of the Planning Commission elect one person from their respective commissions to be a member of the Project Committee. Mr. Peterson said that he liked the idea of the separate Project Committee under the Planning Commission. He said the only problem would be that the Project Committee would have to have adequate staff to support the Committee, Chairperson Harris said that if a Project Committee was to be established under the Planning Commission that they would go to the City Council to get their approval for the expenditures of having a Staff person to support the efforts of the Project Committee. Mr. Bergman said that the first thing the City should do before setting up a Committee would be to establish Energy Conservation Guidelines and Programs for the City itself and to follow throu�h with the guidelines and recommendations. He felt that the City should do more than just set up a Committee, He said the City should ��set an example�' actively and with some publication. Mr, Bergman said that governments are too quick to advise everybody else on how to sane energy when they themselves are doing a lot less than what they are requesting of private residents and businesses, Chairperson Harris said that it was to be up to the Planning Commission to produce a Policy, stating the goals and exactly what the City wanted to accomplish, Chairperson Harris said that there were many areas of the City Codes that the Energy situation should be addressed to, Also, said that it should be recommended to City Council that the legislators be told what direction the City of Fridley wanted go on the Energy issue. � to Mr. Boardman said that if a Project Committee was to be set up, that the direction of that Committee would be more of looking into the problems that are presently being faced, rather than necessarily developing a policy on it. He felt that once the problems were recognized the Committee could then establish the policy to handle the problems, Mr. Peterson said that the Energy Commission discussion should be put on the agenda of a future meeting and in the meantime the members of the Planning Commission could give much thought to the item. PLANNING COMMISSION MEETING - FEBRUARY 8, 1978 Pa�e 1 ZONING CODE Chairperson Harris said that he had attended a meeting that evening at 5:30 P,M, (02/08/78) with the President of the Chamber of Commerce, Dick Sobiech, and himself in attendance. He said that they discussed the Zoning Code in relationship to Commercial & Industrial. He said that on February 9, 1978 the Chamber of Commerce would be discussing the progress on the Zoning Code, He said the Chamber of Commerce wanted to be able to review the final results of the Zoning Code before it went for final approval. Revitalization of "Downtown" Fridlev Mr. Boardman said that at the January 30� 1978, City Council Workshop meeting Staff was given the go ahead to work with the businesses in the area and look into the potential for revitalizing the center city of Fridley. Chairperson Harris said that the City would act as a catalyst in promoting an orderly revitalization. He said that when a business decided to restore its facilities, City would coordinate the effort so that it would be done according to a�'master plan", ADJOURNMENT MOTION by Ms. 5hea, seconded by Mr. Peterson, February 8, 19']8, Planning Commission meeting, vote� all voting aye, Chairman Harris declared Commission meeting adjourned at 11;05 P,M, Respectfully submitted, Mary ee Carhill Recording Secretary to adjourn the Upon a voice the Planning