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PL 10/25/1978 - 6643PLANNING COMMISSION MEETING CALL TO OROER: ROLL CALI: CITY OF FRIDLEY • AGEN6A WEDNESDAY, OCTOBER 25, 1978 APPR�YE PIANNING COMMISSION MINUTES: OCTOBER 4. 1978 1. PUBLIC HEARING: CONSIDERA7ION OF A SPECIAL USE PERMIT, SP #78-12, BY ROBERTA M. SPOHN: Per Fridley City Code, Section 205.157, 5, D, to allow the construction of a new dwelling in CRP-2 Zoning (flood plain), located on Lots 25 and 26, Block T, Riverview Heights, the same being 695 Fairmont Street N.E. Fa 3 A. Public Hearing on two variances approved by Appeals Cormnission on October 10, 1978, which were not included in the notice sent to all affected property owners on the original variance request: Reduce minimum square footage of the gross floor area from the required 768 square feet to 720 square feet, and the setback from the Mississippi River Corridor be reduced from 100 feet to 80 feet. (pages 3 to 8 in Appeals Commission minutes). RECEIVE APPEALS COMMISSION MINUTES: OCTOBER 10, 1978 CONTINUED: ADDITIONAL APPOIN7MENT TO ENERGY COMMISSION 4. CONTINUEO: PROPOSED CHANGES TO CHAP7ER 205. ZONING 5. CONTINUED: MEMORANDUM OF AGREEMENT: 6. RECEIVE HUMAN F 1978 7. RECEIVE COMMUNI OCTOBER 10, 19i 8. RECEIVE INFORMF FMIILY HOUSING 9. OTHER BUSINESS: IL' 7:30 P.M. PAGES i-6 7 - 13 14 YELLOW 15 SALMON PINK SEPARATE • -� e.��. CITY OF FRIDLEY PLpNNING COt�ffSSION MEETING - OCTOBER 4� 1978 CALL TO ORDER• Cliairman Harria called the October 4� 1978, Planning Commnissioa Meeting to order at 7:k0 p.m. ROLL CALL: P�kmbers Present; Ned Storls, Richard Sarris� Patricia Gebel, Jim Lengenfeld Members Absent: LeRoy Oquist, Robert Peterson� Virginia Schnabel Others Preaent: Jerrold Boardman, City Planner, Robin Suhrbier (arrived at 8:30 p.m.) RECEIVE AND Al'PROVE PLANNING COMMISSiON MINUTES: SEi'TEMBER 27. 197$ MOTION by Mr. Langenfeld� seconded by Ms. Gabel� to receive the September 27� 1978, Planning Coffiission Minutes.- UPON A VOICE VOTE� ALL VOTiNG AYE� CAAIRMAN HARRIS DECLARID THE MOTION CARRIED UNANIMOUSLY. MVPIOP� by Mr. iangenfeld, seconded by Mr. Storla� to approve the September 27� 1978, Planning Commission Minutea. Chairman Harris called for diseussion. Mr. LengenPeld stated that on page 7� he had asked if the Memorandum of Agreement referred to tenant landlords, not special groups: Mr, Boardman stated tbat on page 6, item A should read: If the alley is vacated or ic�proved, final imprwements be made. Ma. Gabel stated that on page S, the first paragraph under 4, last sentenee should read: "Ii you're going to design a code to prevent variances, the code will be too loose to be any good, and then you don't n�eed a varionee process. We do have a handle on it because they have to prove a hardship.". Ms. Gabel saked Mr. Storla if he had gone to Wickes� and what he fovnd out. Mr. Storla stated that he had gone to Wickea and was told that they have their own credit company which operates out of Chicago, and that he would call Chicego and get tack to Mr. Storla in a fev days. PQr. Stprle told them he needed the inYormation by talay, and when he didn't hear frc� them, he called over there and was told they were still Working on it in Chicago, and he would get back to Nir, Storla tomorrow. Mr. Aarris stated that on page 10� the ].ast paragraph,.Mr. Alesander's name is Jce, not Joy. PLANNING COMMISSION MEE'PING, OCTOIIER 4, 19%8 PAGE 2 Ms. Gabel asked Mr. Boarflman iY he hud Pound out about the triel for the 40 Yoot lots. Mr. Boardman atated that it kiadn't been scheduled yet, and the attorneys ere still working on all the work xhich pxoceeds a trial. Mr. Boardman stated thet it would probably be January� February or March oP next year. UPON A VOTCE VOTE, ALL VOTING AYE� CHAIRMAN FiARRIS DECLARED THE MOTION TO APPROVE TI� SCP'I'F.NlBIIt 27� 1978� PIaRNNING COb4ffSSI0N MINtfPES AS CORREC2`ED� CARRIED UtYANIMOUSLY. _ . _.. ._. _ . .._ _ . _. . _ . _ _ . _. 1. VACAT20Id REQUE;S'P: SAV �78-Ok, BY TIMOTHY MUNN AND TODD BLAIR: Vacste County Raad "R°t� Lekeshore Avenue� Railroad Avenue, and Oxford Street, and a21 alleys �n Blocks 1, 2 and 3, of an obacure plat that was known as Mill C�pa�y's Addition to Fridley Park� to clear up ].egal problem on Torrence property so Munn's Hillcrest Addition can be reeoxded et Anoka County. (Iiillcrest Addition platted in 1923)• Mr. Boaxdman stated that the problem was that the Mill Compa�y Addition was never a recorded plat at the City of Fridley. It was recorded at tfie County but has never been at the City of Fridley. In order to clear up the legal problems we had under the Hillcrest Addition� we have to vacate all of the old plat because oY the Mill Compaay Addition, so that they can record or make improvements they need to make on the property. Mr. Harris asked if the petitioners vovld like to make a�y statemente. Mr. Munn enc2 Mr. B2air hsd ao c�ments. Mz°. LangenY�ld asked if sll this was vecsted, would it tP�en join the two blocks as such together. Mr. Harris etated that it would� aud they would then Yile their new plat. They cannot file their new.plat until these streets and slleys are vacated. Mr. Harris asked if the necessary eaaements and things were taken care oY in the ncw platting. Mr. Boardman stated ths�t they �rere. Mr. HArris asked if they knew when this old plat was recorded at the County? Mr. Mnnn stated he thought it sas 1876. MOTION by Ms. Gabel, seconded by Mr. Storla, to recoum�end to City COUncil� approval 08 the Vacation Request: SAV �'78-04� by Timothy Munn and Todd Blair: to vacate Couaty Road "R", I,akeahore Avenue, Railroad Avenue� and QxPord Street� end all alleys in Blbeka 1, 2 and 3� of an obscure plat that was known as Mill Company's Addition to Fridley Park, to c2eBr up legal problem on Torrence property so Munn's Hillcrest Addition can be recorded at Anoka County. (Hillcrest Addition platted in 1923}. �i �� e PLANNTMG COMMISSTON F1F��,'TING, OCTOBEft 4, 1978 - PACE 3 UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARRI3 DECLARED THE bK)TION CARRIID UNANIMOUSLY. Mr. Aarrla iniormed Mr. Munn ead Mr. Ellair that this would go to Council on October 23, 1978. 2. CONTINUED: MEMORANDUM OF AGREEMENT: MOTION by Mx. Storla� seconded by Ms. Gabel, to continue the Memorandum oY Agreement. UPON A VOICE VOTE� ALL VOTING AYE, CfIAIRMAN HARRIS DECLARID THE MOTION CARRIE9 UNAI3IMOU5LY. 3. REVIEW TIMETABLE FOR REVIEW OF PROPOSED CHANGES ZN CHAPTER 205. ZONING: Nh�. Boardman stated that he aees nothing wrong with the timetable and would like thecommissions to do a little pregaration before the meetiug. Mr• Eaeniman stated that he would like to stqy within the timetable and would encourage the Coffiai.ssion to not use the time st the meetings Par their review time� but to uae the meeting time to bring out their recommendations on the ordinance. Mr, Boe2�dmfln st8ted th8t member commissions have two months for review, and the Planning Commission is scheduled for three meetings; two regu2ar meetings and one pubYic hearing meeting. Mr. Xarris stated that they might be running a little tight, but they would give it a try. Mr. Boardman stated that i£ tbe Cawmisaions ielt they needed additional meeting time� he would sug�est they hold additional meetings. Ms. Gabel asked Mr. Harria if he was sti7,1 working with the Chamber regarding this. Mr. Harris stated that he hadn't talked to them at all about the changes in the Zoning Code. Mr. Harr3s stated that they had hsd several get-togethers and 3t was dec3ded that we would go through it and come up with our recoaunendations Yor chenges� end then they would reaet to that. Ms. Gabel asked what had happened to the plan where they would have one group go tYuough the induairial and one group go through the counnercial. tfir. Harris stated that it had faZlen through. Mr. Lengenfeld stated that in regards to the Environmental Quality Commissioa, rether than have them go through it in detail, he xould like to approach it with the environmental standpoint in mind. Mr. LangenPeld stated that Mr. Boax'dmnn had included same items they wauld be concerned about� and perhsps they could have in general certain environmental a'tstements that apply to reapective ordinances. , . PLANNING CON¢�fI53I0N MEETINC, OCTODER 4� 19%8 __ PAGE 4 � Ms. Gabel stated that in the areas the Appeels Commission deals with� the changes ere very obvious, but you could apend an awful lat of time referencing back. It seemed that 'the only �rsy to handle it would be to �o through and see if something caught your eye or didn�t seem right, becauae you really couldn�t keep cross-referencing beck. Mr. Boardman ststed that in the document they showed deletions by crossing out, and All aectione underlined are new additions. Those that are not underlined are the old ordinance. In some cases� the uttderlining was miased� but not in very many cases. 4. RECEIVE ENVIROSRdENTAL RUAT,ITY CONAIISSION MIPNPES; S�PTEMBER 19� 1978: M(YPION by Mr. LangenYeldr seconded by Mr. Storla� to receive the September 19� 19� 7$—�Enviror�ental Quality Commission Minutes. Mr. Langenfeld pointed out that on the Pirst page of the minutes� regarding the discussion on the Nu�OT Plan - Position Paper� Ms. Johnson appeared at the meeting and provided a great desl of informa�ion concerning the a3rport back fn 1968. FIer gosition v�as to try ta rejuvenate the o1d airport idea again. Mr. Lan�enfeld stated that if the Co�3ssion was interested, the minutes con- tain a little history regsrding that. Mr. Lungenfeld stated that the possibi2lty of something like that happen3ng dces exist. Mr. Langenfeld stated that on page 3� under Issues oP Concern, they provided their pos±tioa. f�lx�. L�agea4eld asked Mr. Boardman i.f his understanding was correct thaL our co�nnents or position papers w311 be reviewed by Staff and then Staff would incorporate our comments with their orra and then appear before MnDOT in regasds to the hearing. Mr, Boardasn stated that was corrcct. Mr. Storls seked if the airport �as planning to switch SrOm an IntCrmedi8te 3ystem to a Key System. . Mr. Langeufeld stated that that's what they are trying to find out through the MnDOT haarin�s. N�r. Langenfeld stated that the MnD�t thingwas so vsgue, that they really didn't know what they were after. Mr. LangenYeld pointed out thst on page 5� there was a de£inition oP the Key System and the Intermediate System. Mr. Langenfeld referred to page 7, where they had a little cottflict with the enimel protection ordinance. I�. Lau�enfeld stated that he had been "accused" that thiswas a personal thing� but it re8li,Ywasn't. Mr. LangenYeld stated that it involves the environm�nt as far as noise and heslth� a�cl the health, saYety and Welfare of children. Mr. Langenfeld etated t.hat regaxding the seminars referred to on page 8� the Planning Co�ission would receive a report. Mr. Lengenfeld atated that the F�vironemental Quality Commission had made it a stipulation that xhen their pcople attend a seminar� they aubmit a written review oY what they learned. Mr. Ba�szdman suggested that they not send anyone to a seminar without Commiasion approval. �. A. PLANNTNG COMMISSION I�TING, OCTOBER k, 1978 PA�E 5 UPON A VOICE VdPE, ALL Vt7PING AYE, CHAIRMAN HAFtRI3 DECLARID THE M04'ION CARRIID:UNANIMOUSLY. 5. OTHER BUSINESS: MdSION by Mr. Storla, seconded by Mr. Langenfeld, to receivc co�munication regarding Energy C�ission. Mr. Harris asked Mr. Boardmen if these �rere new names. Mr. Boardman stated that the three above are new and the two below are old. Mr. Boarciman stated that letters rrere sent to the Chamber of Co�erce snd they made a special request to the City Council, and these names were received, however they haven't received ax�y resumes £rom these peaple. Mr. Boardman stated that he contacted these people and asked them to submit a letter� but they never did. The only two letters received were from Wharton and Anderson. Mr. Bosrdmsn stated that it looked like they had a coffini�Etee of 4 maybe 5. Mr. LangenYeld atated that he would be glsd to serve on the Co�ission in his spare time. I�. Harris suggested delaying it a little longer to see whst happena. Mr. Boardman stated tbat if they del.qyed, the people they had now mqy lese�: interest. Mr. Boardman sugge.sted that they make the appo3ntments now� and if more names come in� the Planning Commission can then appoint them. Mr. LangeuPeld stated that he would like to aerve in an advisor� capsc3ty. Mr. Harris atsted that his nei�hbor� Mr. Chet Pota�ek,, a retired engineer frpm the gas company� had ststed that he would like to serve. Mr. Harris had not yet received his resume� but understands tbat Mr. Potasek has had several years experience in the energy field, With Minnesota State Energy Cou�ission when they were set up es MinniGasCos representative. Mr. Harris atated he would like to add his name to the 13st. Mr. Potasek's address is 310 62nd Way. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HAI2RIS DECLARED Tf� MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Storla, seconded by Ms. Gahel, to appoint the names on the list Betty Enkhaus� Donald Wall, Giles McConville, William Wharton, and Dennis Anderaon)� Chet Potasek, and Jim Langenfeld to the Energy Coannission� with Mr. Harris as a temporary chsirman. IlPON A VOICE VOTE ALL YOTING AYE� CfiAIRMAN HARRIS DECLARED THE MOTION CARRIID UNElNIM0U3LY . Mr. Harris stated that the first mesting of the Energy Commi.,eion will be on November l, 1978� at 7:30 p.m. PIYpIQNING COMMI3SION N1EF.TING, OCTOBER 4, 197b PAGE E> _.. A. Mr. Langenfel8 stated that he would like to direct attention to the circular entitled Recent Law Cases, Zaning - Special Uee Permitsy which w�s given to the Coimnission by Mr. Boardman during the Saptsnber 13, 1978 Planning Coauniasion Meeting. Mr. LangenYeld asked thai: the Coromission members rerxd this� because they may have occacsion to use it. Mr. fiarris atated that he would like to discuss this mnd asked Mr. Boardman to get s copy of it for him. trLr. Harris stated that he wo�.il.d like to ta2k tq Council about this end get some direction. Mr. Ha,rris stated that he thought the City Attorney should research it and give them a memorand� on the Whole situation. MOTION by Mr. Lan�enfeld to receive a legal opinia� from the City Attorney rcgsrding recent law csses. Mr. Harris suggested he discuss it with Council Yirst, and then repart back. Mr, l�ngenfeld withdrew the motion. C. Mn. Suhrbier stated thst there have besn problems with building in her neigh- borhord and a couple of the neighbors are putting the City on alert thet pictures have Ueen taken mf what's been built in the nei�hborhoo3 and if t�ere are problems raith those homes, they are wil.ling to testiPy what those homes are built on. Tisey are built on swamp snd peat attd hugh concrete f311. Mr. Harris state3 that the Planning Coummission is we11 aware oY the problem and haa had many disetzssions with many peonle including the DNR. Mr. Harris sympethized with the people and stated that the Co�ission wou7.d appreciate sny comtm.u�ications Prom the residents, and they could s�nd them to Mr. Boardman or the Plsnning Coanmission. 1+R�'PION by Mr. LsngenPeld, seconded by Mr, Storla, to adjourn the October 4� 1978� Plenning Coa�ission Meeting. UPON A VOICE VOTE� ALL VOTING AYE� CHAIi?MAN IiARI{IS DECLARED TfiE MEF?PING ADJOURNED AT 10:00 p.m. RESPECTFIJI.LY SUBMIT'FED: �� KAT�o�� RECORDING SECRETARY - �' 7, � � ' �� .n... y PUBLIC HEARING REFORE THE PLANNING COtiMISSIQN Notice is hereby given that ihere will be a Pulbic Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, October 25> 1978 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Special Use Permit, #78-12, by Roberta M. Spohn, per Fridley City Code, Section 205.157, 5, D, to allow the construction of a new dwelling in CPR-2 Zoning (flood plain), located on tots 25 and 26, Block T, Riverview Heights, the same being 695 Fairmont Street N.E. Fridley, Minnesota. Any arid al] persons desiring to be heard shall be give an opportunity at the above stated time and place. Pub7ish: October 11, 1978 October 18, 1978 RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION . � `---� NUMBER . • i� 98 �a' CITY OF PRIpLCY MINNESOTA PLANNING AND ZONING FORM APPLICANT'S SIGNATUR��%�^_�- �v!• �C w-�✓ Address 3So"to S'AMES �VE. NO • 5�`�uY � Telephone Number 5a �- � 7�o S a-v SGG' �'�D�(�) PROPERTY OWNER'S SIGNATURE S/iM � Address �� .. � � e TYPE OT REQUEST Rezoning V Special Use Permit Approval of Prcmin- inary fi Final Plat Streets or Alley Vacatians . Other Telephone Number �� Fee�Receipt No. �%.3/3 Sr Street Location of Propexty �n�fs �/�MoNT 5T Legal Description of Property L.o T ,� S+� �� ,6��It T R� � ER � I f w /�TS, Present Zoning Classification�(_Existing Use of Property UA C!{ N T Acreage of Property Describe briefly the proposed zoning classification or type of use and improvement proposed CoNSTiQctiCT DwE�-LI N¢ ,� / �2 i�� /S% �� L' '��j.v FLooA PG, s}2EA _ _ ✓�C�'. Has the present applicant previously sought to rezone; plat, obtain a lot split or variance or special use permit on the subject site or part of it?_�es ?�no. What was requested and when? 77ie andersigned ur.derstand� that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) must be attached to this appiication. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Respor.sibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of propexty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Directian. 2. Location of proposed structure on the lot. � 3. Dimensions of property, proposed stzucture, aad front and side setbacks. 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet). The undersigne& hereby declares that all the facts and representations stated in this application are true and corrett. DATE '�J-/� 7� SIGNATUR i'�'� / , � y. �, )/� {APYLICANT) �,,. e,�r Date Filed Date of Hearing "7G� /��• Planning Commission Approved City Council Approved (datcs) Denied (dates) Denied Board of Appeals September 30, 1978 MAILING LIST „ P�anning Consnission October 10, 1978 Variance and Specia] Use permit for'695 Fairmont Street N.E. � � Roberta A. Spohn 3520 James Avenue North Minneapolis, Mn 55408 �: Mr. & Mrs. Chester Schack 685 6lencoe Street N.E. Fridley, Mn 55432 hir. & Mrs. Ivan Rengstorf 689 Fairmont Street N.E. fridley, Mn 55432 Mr. & Mrs. Robert Sluss 675 Fairmont Str.eet N.E Fridley, Mn 55432 ` David Johnson, Jr. Box 57 Pierre South Dakota 57704 Mr. & Mrs. Kim Wall 8065 Riverview Terrace N.E: Fridiey, Mn 55432 Mr. & Mrs. Robert Heltemes 11779 Norway Street Coon Rapids, Ma 55433 Mr. & Mrs. Robert Johnson 6$0 Glencoe Street M.E. Fridley, Mn 55432 Mr. & Mrs. Joel Dumphy 670 Glencoe Street N.E. Fridley� Mn 55432 Mr. & Mrs. Robert.Werner 655 Ely Street N.E: Fridley, Mn 55432 Mr. & Mrs. Marvin Kalor fi81 Ely Street N.E. Fridley, Mn 55432 Martha,E..Haugh 8041 Riverview Terrace N.E: fridley, Mn 55432 Al1dn.B..Stahlberg. 309'.85th Avenne�`N.E: Blaine, Mn 55434 Mr. � Mrs. Richard E. Cook 690 Fai.*mont Street N.E. ' Fridley, Mn 55432 Mr. & Mrs. Ryan Falk 688 Fairmont Street N.E, Fridley, Mn 55432 � - � /�l� l0� � �xcx �c�xcr ::..`� . s2.��nnans c.u.c,.zasroxs � or cvo f�nily dwel2tng � N� Owner T1l Q� E�� %�% �pd�� , ot�er . S16e address rac_or Date Id • 3- �� Phone FT. OP �� '� 3�-f- / y•t 3,� ,c 7'• G c G G O �aGO pgr'.D pALy Z¢ + 3o t Z4 i� 30 + + + X�o.o ft. above grade � �� 7�G , TOT?.L e.�OSED WdLL �R�.1 S0. ' FT. 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T��:�_ 2. . ��/. � • . . .�„� . d�woles libw nwlw�ne+M rn..Nr. ,�. ..r ..«� � Sca1e,1 ", 30 ' �XEITH �M. GIL4HAM � `Land �urveyor `?7�eater Building. �Anoka, �hfinnrsota. 55303 4"L!•41W /�'', � .•. ` CerlUicala o! Survey lor: ROBERTA SPOHN OesCrlptJon: Lots 25 and 26, Block T, RZVERVIEW EIEICHTS, Anoka County, SubjecC to easementa of record. Bench Mark: Top of Hydrant, Southeas[ Quadzarit of Riverview Terrace and Fairmont Street: Elevation: $25.05 High Water: From records of City of Fridley:' 822,90 � 3 N ... - � � � `� 0 � � � R C 9Z�� , � . � n't � � � job no. �8-71 bool�, /a 2 pago 3s S. 3 t. 3 o r 2¢ �,4; 1 29 I'sf� 99 c'.r. • O E` ♦ 0 � s, ` o, , . . �: p , � O w . o ¢ -�"; `o � ., •-! i_ . . _ /I/• g� ase�ep Ul.�� fy E � 3-��_ i, ��y :�- i- ��-5 ,3��1 � :.�� y,, ' `�q� � .• ��'30 _` B22 03 ` � azz.is " ''`° � 1 . g2o. f� �e ,�. o� 1W w o : 1,��,,'. o �. o �, �� i o .o . w �. Of . -� O .,— ,. � , ��• � Op 1 I I � 1 i �� 1 t '.,_, 82�:40 , ry o �, � Q �� J-�'" '_ � Mti. 0 �n � pS / �' . .. " BZ� J 1 ' Elc'�/i �rNYSia' . � ,. � ��, \ , ' a.�r � . � ' , � I here�rtiiy that thia eurvey, plan, or ,A reyort xas yrepared by me or under ay direot � auyerviaion and that I am a duly Regiatered Land Surveyor under tLe laYS of tLe State oi � liinneaota. n /, ' rn J' �` ' -'-"� �� - � Dnte 9/2 7/7fT 8eg. No. f t 703 :" ':"`� 17 .� /B� ` /9 e � j O� , ,} . .:.�"� ..'�'.. . . . °" QuDr su . l4 ''. , _, .. � �j �.:` - NQ,� 10 IrJREV. . �.: r.. . , ` l�m) - _ ..� � l6 . , :�. . ' +�. , , 4' ` � -�t �N 9 8 � 3 � ' �6 • � , , ._ 6 6 .. .. . •e � � 6� � �i. 3 DI � �. : . � , � 25 0 M q� l� � 5• ' � � �.. 4 :zl ...+ � - y 'fe tJ �65 _ �e , J . �, : r ' ;--- �on 3t ' 1� i -'°�„ ib • ;;.W' ' ' J , ye �� O ` s : ; � � „, ..__,.-- .,. . ::� .� e � , � .! M Yz _ ,.O _.y �e :} � +; : ' � � t� ; - � � �, --�' 'C!i_ _ , v - - ; i ` �. _� E 3 . o � : � �� . n ` jIt , --� }1 ,;. �� ; - ,,- ` � �. n = _� :: L y �`3 (::q "'� - 1 ;�: t� - �-.�= :�w. r�4,c n t = . �_ •. .: - SEC. 3 . � �._ �. r ' �� 1 � �' f:. . � - �_ :��r� _ . ,. . `'�♦ � ��}sur .;1._a,.. s. r � ��a��,:a .. ._:....�� ........wr.M.a �rLFw::«r+.a-..�:' ":L7Y�Y.^JiA.�e4':1:+�iw+ � ; ZO o L/ � 1 w 6 V! t= ieo /oo + M./ y if � � � zZ w " ., rir.o� „ i 1i z3 i� e z i. s �.. . `' : z� �_.,, � , • �- �..: r ,;, a .635 � � ,o „ �� , , 3 2,. �. r � �� --- � �1 �� 1�. .,.o' : ':. *� - - ,Ya�n y�_+�...;�'M^iati, i .fC� :�/" � CITY OF Fi�IDLEY $I31 UNIVERSITY AVENUE �N.E., FRIOLEY, MINNESOTA 55432 TELEPHONE ��&12)571-9450 TO WHOM IT MA1' CONCERN: 6n October 10, 1978 the Appeals Commission considered a variance to reduce the minimum requirement of 750Q square feet to 6420 square fieet on a lot at 695 Fairmont Street N.E. This also requires a Special Use Permit because this property is located in flood plain zoning. (see other notice) When the staff reviewed this reguest, they found that the minimum square footage of gross floor area of this new construction was 720 square fieet instead of the required 7b8 square feet, and that the setback from the Mississippi River Corridor was 85 feet instead of the 100 feet required in the standards and guidelines as laid out by the interim Development Regulations for the Mississippi River Corridor Critical Area. The Appeals Conmission did grant these variances at their meeting of October 10th, 1978, but these requests also have to go on to the Planning Cor�nission and City Council. If you want to make any comments on these variances, or the Special Use Permit, you may do so at the Planning Commission meeting of October 25th at 7:30 P.M. . �� ' - - C7�Y �+' FRIDLEY r.��11: �� ra+' � •:[�- � •f: C�� . . � �. . .. . . . Vica Cbairwomen Gabel cal}.ed tl�e October 10, 1978� l�ppea�ls Cammlasioa Mesting !o � st T:�o p.m. � �: . lkmers Preseat: Me. Gabel� Mr. ICe�per, kr. Plmiel, Mr. Barna INsbers Absent: Me. Schaabel OELesa Preasnt:' Rm Holden, Building 7aspector APPROVE APP�ALS C01�4�48IOIi �ffNUPE3 0[+ SEFTEF�ER 19, 19T8 i1A►1"!ON bq Mr. . Ka�er� eeco�ied by Mr. Barns to approve the SspLaaber 19� 19'T8� �s Ca�eisalon Miautes. �• � � � Y: �/ Y', N: • �'� �' : 3 �;3 " iVl :C �.� I7i� � 7' �?II I � � �.� �: 1• , Mianesate 55�+�) • L'lJ I': - �� r. � by lir. Plmnel, secoadai by Mr. Barna to open tk�e;1n�21c heariag. � A VOICS VOTS� ALL VQ� AYE� VICE CHAISBIaIQ(►8 GASEF. � THB P[IDI.IC �a oPSrr nT 7:4g �. . Ib. Gabel aaked 3t l�6r, Lepach vae yresent and to atep fo4vsrd. !b. tiabel read ths AdminisLrative StaYf Report as folloxs: a. ADM?NISTRATIVE STAFF REPORi • a608 2!; Street N.E. PUBUC PURPOS[ S[RVED QY REQUIREMENT: . �l�fl�• J tl.Vt ��1\IV• � . . . . .. � . . � / Pubtic p��raose served by tMs requirment is to prov-ide spac2 between ' individual structures to reauce conflagration of fire, to provide access ta thn rear yard for e�neryencies and to limit the condition of crowding . in the residential neighborhood. ' AYP'SALS COAQiIS3ZON �TZ1aG, OCTOBSR 10, 19,28 PAGE 2 B. STAfiED HARDSHIP: 7his variance wculd enable me to build a 14' wide attached garage which is iess than an average single garage. Due Lo the step down nature of the"lot and Che very narrow access from 46th Avenue, no other site would be suitable aiithout mi�ch added expense, whith would be fi�ancial]y prohibitive. C. AdMINISTRATIVF STAFF REVIEWt A condition of the lot split on this property by P1r. Narvey Rolstad signed on June 30, 197$ s*ated tfiat there would t�e a garag� and hard surfaced drive�vay constructed �n this lot before September l, 1979. The petitioner proposes an attached garage and intends to avoid the steep slope in the rear. Please refer to the verifying surveys and lot sp]it surveys in the file. The praposed garage wou7d be 12.II' from the rear of the house to the south. I�s. GR'bel asted llr. Lepsch to ezplain vhst he intended to do. 1�. Lepsch stnted that the sra�y his lot waseitneted, there wasa drop-oiY Prom the tront to the back. The gra�ie !si the baek draps off to the garage behind htm and wmutd melce Yar a eteeg $r8de and a long drivewqq. Therewa3 not an e],lsy in bsck, only a narram* tosement. Mr. Lrpsch stated that he vovl.d like to p� sa sttached'gara8e on his lat an�l 1+ithout the eariance, he rrould onSy hav� Ba ],1 Poot 8arage. He` xould litce to get tkee �at gsrage for hie mnneya and bui2d a standard lk x 24 ioot garage. Mr. Holdan staied tbai Harvey .xo:lstad o�ted tbis lot previans]y and there irae a lat eplit and Mr, Rolstad built on the eouth hali oi the lot. Thare wsa a ♦ariance Yor the constructicn oY Mr.Rolstad's house Plus the stipv2ation of t,he lot ep].it that there be a gsrege. 14. (�at►el etated that she t+ad naticed thst these atructuree s+�ere quite cloae and vas eoncerned about a fire wail a� rear viadow oa the south �+a11 �3a�t !o t� etsweture� beCatlse #hey xouLd on]y be about 12 feet apart: lfr. Hplden stated t.2tat thay vw�ld be a�Y about ]2 teet ePart aad they cannat �,11ov auy windwr openinge an8 thcy have to hsve a fire vall on the south vall beCanse it wasWithin 3 faet oi the lot line. Th�Te WouZd heve to bs BLeet� rack an that va21s aad no windrnns. Nr. Plemel asked Mr. Lepach if he had p�acLased hie ha� ix�a� Mr. Balstad. llr. LePnch stated that he had• lls. Gabel asked Mr. Lepach i! he Lod telked to hie neighbors regarding tLe varianca rnluest. 1h. Lepsch stated that he 2�ud talked to Mr.°!tolstad� end e�. Rolstad ha8 ao objectfone. Ms, Gabel naked i! aqyo� ia tLe audieace had sapr cao�eats regardiag thia mu4ter. Tptre vere no cammeata. .�. �..��. n:• r � i:�� ::n- � •`: .,►:. l�r. P}aoel aeked Mr. Le�ech ii the exterior oi hia Louee �+ae stucco ead hov �e vcilLd tinish t.�a exterior of tiu garage. �.,.y�gech atated thst his l�uae riea stucco and the ger�ge Wuu1d be too. 1!e'. Ka�OT A8kld Sf Lhe d:'SY6Yl,y KOiLI+d COmQ OSI Of bbth. 11r. La�seh sLeted that it vov]II. 1�pN-1�r Mr. Km�pers seoamded by Mr. Plemel to eloeo the pnblic heari.ng. i�ON A VOZCS VOT&� ALL VOTIIYG AYE� VICE CHAII3�OMAN GA88L DDCLARED T.� PLBLIC �►tt�c cIASID � 7:55 �. Me. Barna atetad that sinca this bad beea ga� rnrer by 'Ebe City Council beicn'�, and this xae �ust, ia his opiniai� mre cleaniag t�� he Led no objectton. Me. Planel etated that he had ao-objections, 11�. Kemper agraed. lls. Gabel stAted since part oY the atipulstian for the lot split wsa thet he be able to build a garage, Mr. Lepach was put in tHe poaitiam of needing a varieace� and the Cc+�iBai� should be ia a poeition to grant it. MJTI�q b� 16r. Ke�m,pers seco�dnd by Mr. Barm to apprrnre ths request Ya� variance pnrevant to Chagter 2Q5 � the Fridley City Cale� to allow the canstruotion of • 2b foot by 1k foot attached garage to the dwelling at 4608 2nd street F.E. to allow the �+n�++� side yard to be reduced Pr�n the required 5 Yeet to 2 1�2 l�et. (Requeat by il3]liam Paul Lepsch� k608 2ad Street NE� F�ldley� Mn. 55�+�)• f�0� A VOICS 1IQTE� ALL VOTING kYE� VICB CHAIItWOI�AN GABEL DECLARID TAE MOTION CARItIED UNANIIdO[SI,Y. . - .. Ms. Gnbel tald Mr. I,apsch that he ia irce to get.a butlding permit• 2. lq�l'IOlt by Mr. ICemper� aecoaded by Idr. Barna to open the public hearing. UPWI A Vt1ICL+ VOiPE� ALL VUPING AYE� VI�CE CHAIRWOMAli GABBL D�CLARID T� PLIDLIC g$ARIpG OPBId AT 8:00 PM. IIa. Gabel aeked Roberte SPoha to etep forva:d. Hs. Spohn s+ea aot there aad her litt�r�' Mr. F. C. Spahn came fori+ard. !4. Gsbei read-the Aamiaistrative 8tafY ReporE ee fallot+s: _ _ _ _ -�nr APPEkLS CONII�SI3SION MEb'TING, OC�OBIIi 10, 1978 • PAGE 4� ADMINIS7RATIVE STAFF REPORT 695 Fairmont Street N.E. A. PUBLIC PURPOSE.SERVED BY REQUIREMENT: " l Public purpose served by this requirement is ta avoid.the arndition of over crowcling of a resiclential neighborhood and to avoid an excess burden on the existing water and sewer services and to avoid reduction of sur- rounding property values. bI� .iE. Public purpase served by this requirement is to provide adequate house size :. , and living area in residential buildings. A. To protect and pres�rve a unique and valua6le state and reg4ona7 resource for the benefit of the hea]th, safety and welfare of the citizens for the state, region and nation; B. To prevent and mitigate irreversible damage to this state, regional, and nationa7 resource; C. To preserve and enhance its natural, aestfietic, cuttural, and historic value for the puplic use; . D. To protect and;preserve the river as an essential element in the national; state, and regional transportation, sewer and water and : �ecreationat systems; and E. To protect and preserve the biological and ecological functions of the corridor. In keeping with the above, ihe public purpose served by the critical areas designation, section �4,b2, states that there must be 100 feet setback from the narmai high water mark of the river. B. STR7ED HARDSHIP: "Rone stated" C. ADMINISTRATIVE STAFE REVIEW: This lot wil7 require a specia} use per�nit in order to be bui7t on because it is in the fl ood Plain. This variance recommendation will be heard at the Same time as the sp�cial use permit on Qctober 25, 1978. Similar requests to develop 60 foot wide iots in this area of town have been granted in the past. The hoase plans are not availab7e at this writing. No permits to tanstruct a dwelling in the flood,p��ia areas have been granted in the last five years or mor�.= � � - �, is : �,• a�- � � : n: 11r. Hc],d¢n etated t�et i�►'re`rle�+in6� Lhia reqtaeal, i% srae 31scWered that •�ratiaaae vou].8 elao-be aee&ed for the aize ot Lhe h�ee. Aleo, thare voa�l be a pubiic hearing at the aest P1aOni,ng Gaa�iaeia�n meeting because a�ta1�1 tTse Pasmit vozild, be required to bul]A on the ilooa Plain. IIr, �dp� stated thst it voukd be in order to 8iecvea the house eize at tbii t}ae �wd mnke a reca�eadati�. I2 there waa enD' Sueetion oY it� ,� tDera waat3B be opportuaity to reopen the qvestioning at the seconl pnblic ha�:ug a� ttne PlanainB Co�isaiws meetiag. The PeoPie iavolved uould be ��i�.of the additional variance to the houae aize and the critital areas setback of YOO ie�at. �. G�iQ�,.:�NjLAI� 'j`TBDk $pOb4 LO @]C$�II tih6'r. h16 dYLlgh'�E! 1DtlLdEd t0 t�0. lh�. Sga3�o etated that his daughter woulA ].ike to buil.d a house with a beee- aeat it poaeible, but if that visa avt poseible, sha would build above. Mr. 8potva a#�ed that acroas Falrmont, a Mr. Stahlberg plaaaed to bni],d vith a bae�: (sta#f �' �� 8tated that'Mr. Stahlberg had already applied for a 5pecial Use Permit, � . This had been approved by the Planniag Commission and.woul.d be going to the C,ity Council oorractionlp�23/28.p�, gplden explained that thie area ia belorr wLet they Yigure the 100 year ilood r+atere would ewer. Even though a&ike has been built� it btsn't been rocognized by ihe Corp oY Engiaeere, and that is �y it was still caaeidsred a ilood plsln. Ia oxder to build in a flood plaia area requirea tirst t� e11, s�pectel Use Parmit iraa the City Cwneil. Also a variance �as tyqudracl because the lat was small and that' a wLat srill be diacuseed tmight. 9o:�Ctober 25th at the Plaaning Ca�.tseion meeting� the q�xetion od' haw h3gh tLa has�se ai]1 have to be aad specisl canstruction �ede would be discussad !s► au�t datatl. Mr. 8o]dea Btated that the req�irmeat fa� the house eize was 768 aquare feet •ad Me. Spoha's plaa cal]. for on�Y T� 69� Yeet. Tbe front oi the lot is definite]y aai Riverview Terrace. The house was�siea].7,y aa A-Frama expension. 11s. Gabe1 tektd Mr. 8poha iP �+hen he mamtioned bvildiag vlthout a bas�meat, did 1►e mw► xith no basemant at all� or a basemart ahrnre flood level. Mr. SpoLn stated he meant either v�y� rrhi.cLever was prpp,�. If the baeement a?ae no# ttaeible, she would pu� on enother room for a utfli�ty room or use a bed- - so0m it� the utility and lauadry room. .ats. Gsbel eiwestioaed using ea esiefing suam for the utility room; vovld it :take a�+qf tram living spsce. 11r. 8aras.ata'Esd tbet the plan givee 11b0 square Peet between the tw iloora� 4�t Lhex'� t�8saa uppex' iloor. i�. Ke�ex' eskad ii Ma. 3pohn preeeat�y araed tt�e lot. lk. apohs`'stat,ea tnat Ms. spoha bas wnea tne lot roa� aboat t�rea mad he. APPEALS C0�4YQ33ION t�'tING, OC7bBER lOt 1978 - PAGE 6 Ltm. Gabel stated that the Administrative Stsff Report d!d nat statr a hardsLip,, aWd this Was s ca�iditfaa� to grantiag a varlance. Ma. Gabe1 stated tk�at the Laldehip Wa6 obvioue� thet Ms. 3pohn bought a lot that wae not buildable without Lhe varience. l�r. Barna stated thet the Adminietrative Stafi Report i�ticated 768 square feet are required for a split entry� but thisw�as a atory end s half. Mr. Harne a�lced v�st the requirements are for e story and a ha3f. l�r. HAISen steted tLat 768 equare feet � the requiremeat fer a�r type of hCUee, exclueive oY the attached garage, aa s lot that was emelier that 75 x]25. Mr. K�per stated tLat Ms. Spahn's p].ana cal],for 720 square feet an the firet iloor� aad 114d equare feet tate.t. Mr. Keffiper etated that the Admin3strative Staff Report ststed that there must be 100 foot setback irom the normei hi.gh vater mark oi the river. was the nozvisi. high vater mark considered.to be the high water mark of the flood p1a1a4 Mr. Holden stated that the normal high water mari w� clase ta the bsnk� do�m by ti� river, eouth. However, whea revievring this, ve added the house size variance into it as xell ss the critics2 ereae just as a notation, idr, $o],den didn't thiak the critical areea sves a problem here because the houses on either side had been developed elong Riverview Ter�ace� and he thrnaght it would be creating undue hardship to deav construction oa the lots down tHere on�jr because theq.are within 100 fget of the Missi'ssippi. This should pass their criteria, be�ause these:houses wou1� nat effect the Aieer �tself, Mr. Holded said. l�. Baxna noted thet they vere aeparated tr� the river by a ps�rod rondrray. i�. Barna asked Mr. Aolden srhat tl� depLh of ttu sever msin �ras. i�. Holden stated that the degth�s 9 Yeet end wouldn'b present a problem. Ms. Cabel seked if a�yone wss in �Zae stulience 3a respect to thfs reQuest. 1�. Chester Schack, 68g Glcncoe came forr+ard. Mr. Scheck stated that he had �aeter problema at his hame, and didn't like to see other people build there because thty votxld Lave the ssme problem. Mr. 9chack etated that since his tto�e s block awaY, conatrnet3an woald aot efYect him, aed he had ao ob�ections� ather thea the peaple building there would have a pres�: blem. lta. Gabel thnnkad Mr. Schack. MOTIOA by Mr. Baras, seconded by Mr. Kemper to ¢lose the_>public heeriag. 1A�1P A VOZCE VOTE� ALL VOTIt�Cr' AYE� VTCE CHAIRWOMAN CrABEL DDCLAAID TAE PtIDLIC �11RIxi6 CIASID nT 8:2g YM. . ^� ' •.: 1 �' �1' .�i:1" i' � II ' �: ;A' � • i • ..H- lh'. P20m!]. eltitted thRr� lie }l9ted t0 ee! �tq/0ne -blliid Lheze. 16r. l�emper asked ii it vaa aeceaeary to.act beE'az�e t,�e Pleanin6 �a�ieei�. ils. Cq�bel ataL4d that 1t rrae aecessary. #,- llt, K�nper stated that he Yrnmd it diYficvlt to ru14 for or sgainst the varisnce �t t2�at ti�e becauee the petiti�er �aas not<:therai.ai�d:'he vonl8 have liked to ;sk�her questiona abarE the�eal.e oi the lat. _. �--;,�-�c �...:_,. :. .. , 1la. Gebel atated thst ahe agreed, to e degree, beea�t iihere are all ki�da of t8iage'.that mqy be aecesaary Yor her to do to build � this lot, and Ms. Gabel'e question would bewas ehe x1111nB to do thoee thfs�ga. Bu�E at the same time� it s� vauld be Willing to do them, she ahould have tius opportuoitY• Nr. K�por atated that he diAn't think he uantod the APP4els Cammieai� put in tbe pqsition� oP agreein8 that ,the lot �+as bui]Aable� eu� then Yiading out that'it wasa t. .. lh�. B�olden stated that they vere aot Siviag her e�ppraval to build, on'�y dealiag vit�h �he variance questim. Mt. Kemper steteti that the Agpesls . Camml9aion G!aB 8 Boels"d of �hs City of Frldley� a�l it vould be 81vin8 tacit apprwal to eertain elea�nta,qi the problem.sud ye aot eure hs latew enough at thls point in time to be'<able to de that. l�r. Haroa aeked 1Y the Caamissiam ves expected to reacL to the Miseissippi Ri�er Corridar CMtical Areas part o€ it as a variance ii#ing oz lY�this part oY it �rae undar the Speciel Use Pexmit. - Mr. Holden stated that it �^'8e a varience. 1�h. Barm atated that he had no objectians to the EO loot lot size becsuse manp� lots are only 50 feet. Aa far as the 76$ �qyare faot.requiremeat� ma�y oP tlie hames in that area ere less thsa 'T� 84uare feet� so he rrauld have no objection .�o":Lbat. Mr. Barna etated that as fas as the river corridor variaace� except - itl� the ilood plain part� ae Yar ae preserving anything, the preserved area :: eeperated by a road end a bicycle valkwqy, 1dr. Barna stated that he felt thet the house would fit in nicely. Mr. Barna stated that he vould have liktd to hsar frcn the people to the eaet a� this lot, ba�cause this house would be higher. Mr. Barna s�oarized that he vould Lave no objectieae to the three variances; to bvilding vrithin 100 feet oY the rivar� to buildiag tha house 1r8 feet smaller than required, and to bailding au a lot amaller than the requlred T500 sqvsre feet. 1�r. Saraa atated thet a precadeat Yor these variaacaa had been set in this area. APPEALS COMMI33IOH MEETING, OCTOBEft 10. 1978 - PA(}E 8 AIOTION hy Mr. Sarna� to approve the varianoee on the equare Pootage of the �he.equare Pootege of �he house and the Mississippi River guideline� ead to recOmnend approvel oY th¢ Speci.al Use Permit. Moti� died for 2sek af a secaad. Mr. Plemel requeste8 1+fr. Be�aa vithdraW the Special Use Permit psrt. iM. Barna eg�;eed. t�t7TTON by Mr. BarnaJ secqnd}ad by Mr. Plemel ta rec�end Yor approvsl to Council request for vsriances purQUaut to Chapter 205 oP the Fr3dley City Code, to allo�+ the con�truction oY s new dwelli.ng at 695 Fairmont Street NE, to reduce the minimum lot requirement from 7500 aqusre fe�t to 6420 square itet� to reduce the minimum house size requirement fr�n 768 square feet to 720 square feet; and pursu�nt to Section G4,b2 of the Iaterim DevW.opment Regulstions for the Mieaisaippi River Corridor G'rftical Areas to redvice the minimum'setback from l00 feet to 80 feet, froan the normal high water merk of the river. U�OB A VOICE VOTE� MR. BAR�A� i+�t. Pi.EN1EL� 2�.5. GABEL VOTIftG AYE� AND ME2. 10EMPFii VOTING NAY� VICE CHAIR4i0MA� GABEL DECLAI2ED TSE MOTIOR CARRIED 3 TO 1. Mr. Berna stated because they dida't knuw iP the petitioner was a�tare of the problems of the lot, and because t}ye petitioner purehased the lot in good faith� he would reca�mend approval of the $pecia2 Use Permit. Y!D'rION by Mr. Barna to'reca�ead'approval of Lhe Specisl Use Permit. lbtion died for lack o� a etcond, Me. Gsbel informed ldr. 3popn'the�t tfie Appeels Commiesfon was recammending qpproval of the variances, s1� that hia deaghter appear at the Plaaning Ga�f.esion E!keting oa October 25s l97{� at T:3� P•�• MOTION by Mr. Kemper, seconded bY Mr. Barn�i to move Items 3 sad 5 to the bott� of the Agenda. . (�ON A VOZCls VOTE� ALL VOTIIVG AYE� VICE CBAIRWOMAN GABEL DECLARTsD THB MOTION CARRIID UNANIMOUSLY. _ 3• VARRAAIf.SF.0 AN �LiF` F.eRB! CTIIR �(�F TuG! ?HM RTMi[ !1N ttTf!K(5RV .Q�I9iF*G!T At F. � (Requeat by D. YI. Hardtad Cem�pac4Ys Inc.� 7101 Iiighvrqy #65 A.E.� Fridley� tha. S543�►i • M�TION by Mt. Kemper, seconded by Mr. Barna to opca the pvblic hearing. UPON A VOICE YOTS� ALL Vd£2NG AY$' VZCi� CHAIRWOMAN GABEL DECLARED THE PUB7aTC F�ARII� OPEN AT 8;50 PM. �; ��„�4�ti - � �s . E : a- . .r ; . � w. Gsbel asktd 1! a repreeeatative cf D. K. s.rstaa c000�sx,y wa preseat. )(r. Diolc.Johneoa ceme laa�vss+d. 11s. G�bal resd tbe AdministratSve 8taff Repos�t aa tolla�vs: AENdINISTRATIVE STAFF REFORT. . • Three Speculative Warehouses on the East side of the 7800 Blxk on Hickory Street N.E. A. Pt16LIC PURPQSE SERVED BY> REQUIREMENT: Pubiic purpose served is to provide for green spaces to separate garking in comnercial dreas. 6. STATED HAROSHIP: �N0112 StdtEfl.° C. ADMINISTRATIYE STAFF REPORT: The pl�tting of this commercial areas has made it most feasibte to use the�aiteas adjacent to the atley for parking of-employee and business r�lated vehicles. It hasn't presented any problems for traffic fiow or,snow removal to date. Plans for the three buildings are not.available at t,�iis, writing. !Is'. :«ic�maon stated thet there waes P�lic alley, ead the codn reqitlres 5 teet aS � grass betweea the publia slley and the park3ng erea. Mr. Johnaoa stated that ip�t � been a co�oa variat�se throughout the area, that these lots vere platted Nq back and t2�at the lots ere 1�� 1/2 feet deep. iFithoui the varisace� it wauld be very $itticult to build a�Ything on the lat. 1lr. Holdsn stated that thia Laa been dame ia a7.moet all tbe simili.�r alleys� and it wasvorkiag. The all.qr waabehind the buildiag. !M. Gsbsl arked if there wae curbing betveea the pirl�ing-area an8 the allsy. Kr. dt�le4n stated that there vtsa'ti just tltis park�t�g Stells. blr. Pl�te1 statad thpt beca�se oP the camoesclal bttildla9gt they dida�t nead m�a�y `psrkii+B atalle. 114: J�asan etated tLat titey voWd haYe more stal7.s than ths coda a�equired. 10r. Pl�aaoel aeked i! tLere wa a sidevaik in front. 1+�. Johasoo s#.ated that there �*a"�a 5 ioot aidexslk� and if tbere vasa't a sLQ�nralk� thay wouldn't aeed tha 5!art varisnce ia Lha bscY. APP'SAI.9 CONR�IIS3ION ME�'TING, OCTOBER 10, 1978 PAGS 10 Ma. Cabel askcd iP there Would be a problem vith truck traftie. 1�. Holdan stated tAat there hns been emell and heavy truck tratiic in the area and 1n eimiliar aYlq�s with no problems. Mr. Plemel sek+ed if there xould be a problem of fire trucks getting ia there xith cers parke3 there. Mr. Holden stated tLat no a�a psrka in the alleys, " Mr. Plemel ssked if there vould 'be a problem wi.th ano�r plowiag. Mr. Johasom stated that it hasn�t been a problem ia 9 years a� did no't Yore- eee e problem. _ Mr. Holdaa etate8 that the plowiag is d�e about ? e.m. Ms. Gabel atated that the Admiaistrative StaYf Report did not stste a herdship� end 8eked Mr. Johnson 'Eo ststt Lhe hardship. Mr. Johnaon stated that the harc7ship �ras that these lats rrere platted long before these ordinances ceme into cPfect'and today iY you wsat to build f.a a heavy indtt+�triel zame, you must Lave an acre and a ha1f. These lots already have the atreets aad alieys aQ► both sides, co therewas real]y no choice. Mr. P3emel ssked e�€act�y wh3ch lats vere c�cerned with this requesL. Mr. HoLdea stated they were concerned �tith lots 20 through � oS the '�800 b�ock oa the east aide oP•Fiickory Street N.E. 1ls. Gebel asked if there trould be parking in froat. D�. JoLasoa stated t.�at paa�kingwas not al2asiad in lront with a 35 Yoot setbsck ynlesa therewas 20 feet oY greea area Lack oi the property line� and they get one parking eta11 there legally Yor the handicapped. They will have'8 stalls in back. Mr. �ol&en a�ated thqy were � OVEr LYie mirt�an+m pp�ti'LTCIDeIIt as far as parking atalla-are conceraed. Mr. Plemel ststed thai he would 13ke a more definite description of the lots involved� when the motion�±�ss made� that just s�YinB the '%80Q Block. MdPION by Mr. Kemper� aecoaded by Mr. Barna to close the public hearing. tk'0� A VOICE VOTE� ALL VOTING AYE� VICE CAAIRhTOMAN GABEL DECI.NiiID TSE P(�LIG �nttIreG cr.os�o nT 9:00 PM: r , �r:< • � in� � ►: �• • ;r : +. Ms. Gabe]. etated that thie request vas c�eietent vith rhat they have beea doing ia the area� aad bad no ob�ectioas. !(4+ �er� Mr. Barna s� bfr. Pleme2 agreed. �� ' LQTI�Q by �lr. Plemel� eecCmded by Mr. Baras to reco�s� �A �9unci1 spPzcval of-_" �raqubat for vsriance pursusnt to Chapter 285 qf tbe Fr3dley City Cade, to :a],ipw n2�-street parking to be xfthin 0 feet oP the lot line inetead of setback the i�equired 5 feet, to sllav the eonetructian of three speaatative warehouaes on lots-FO througli 30� Block 3, Omvay Addition, oa Ehe east side oY the 7� biACk oa Hi.ekorJ 5Lreet 9.E. (Request by D. W. Sarstad ComPanO�� Inc., 7101 High- �r '/45 DT,B., Fr�alaYs �• 55h32) • Y' P�.i ' i � Y � � H: � 1' �� : JI tl:. ' �II :IL � •;.. � 'I' �:�II 1 � ' � �.1 i1 yy. Gat�1 inforned Mr. Johnson tLat ihia vould go betore the City Couacil. __. _ k. RBQt]E8T F�t VARIA� TO ALFAW TH& CONSPRUGTIOR fAP A 17WELLIAG AT:525 -� :56� �gr ma� FR� •L�'^L G?'!'Y COLL. (R�tust by Diat�a AogsTa� Minnesota). . i�TION by Mr. Barnaa seea�odsd by Mr. Plomel to �an the public h�ariag. �O14 A VOICE VOTE� ALL 110TING AYB� VICE CHAIIii101�'At�.GABBL D�ClJlRED Ti� PI�LIC �ARII�'3 oPBH AT 9:10 PM. NO STAfF RERORT WRITTEN FOR THIS REQUES7. CITY STAFF WILL TRY TO GET PETITIONER`TO WITWDRAW THIS REQUEST AND WILL REFUMD FEE. lfs. Gabel aeked Me. Lindgrea to atep forvard. Mr. Holdea i�z[ermc8 Me. Lindgrea that�he had attempted to cwatact her ia or3er �o ratund her t�e $50.00 Par the variaace regueet� because a variance vas re- 4ves� Yor thie lot prcviuua�y soa �+Aa denied. xs. Lina,�n ata�ea tnat sbe vsa ovaea tt►e iac r� abaut 7 y*ears, ana tt,at ner � F�� the laE with tbe u�isratanding t�st 'Che lat wea buildable. ifs. dsbsl atated tarat a variance requsat !or this lot ass dettied by ths City cc�mcsl a� Jun� T, 1971. I�. HaLdaa ststad that this lot actual�y qppoars to be the back yard of a dt�P�,bc. . . � , , Nr, Plemsl ssked ii tLere vere vater aad aeiror irrto this lot. 11s. 8�43�a sLated thaL tLess v�ts not. . � APPEALS COMMIS$ION MEE'�ING, OCTOBEft 10. 1978 YACE 12 Mr. Kirk BlOOm came forwsrd.and stated that he owna the double btwgaloa next to this lot and if this house Wasallrn+ed to be built, hc vould have only I2 feet behind his double bungaloW with two femi.lies 23ving there and 4 cars to park. Mr. Bloom atated thet he purchased hia bungalow because he uttderstood that nobody covl.d build a house oa tbst lot beeeuse he was at the Couacil mesting in 1971 xhar the varience was denied, aad he was also avare thst tsxes . ]�Ml noL been paid on the lot siace 1972 Mr. Plemel asked iP Ms. Lindgren rnmed both lots and sold one to Mr. Bloaem. Ms. Linclgren stated that ahe did not sel], to �. Bloo�� thst there were several interim partiee involved. Ms. Gabel asked ii there �rae e lot split. Mr.�Holden stated that there sre 2 l.egel flescr3ptions� but they cannot find a record of a lot apiit. Mr. Kemper as&ed Ms. Lindgren if it was correct thst ahe purchesed the bungalow and-the lot behind it at two separate times, and � ehe sold the bungalo`r with- rnrt aelling the lot behind it et the same t�me. Ms, i3�gs'en stated that they purchased the lot behi�l the bungalw about a year after they purchased the bungalow,`end sold the bunga].rn,r�rithout the lot because they didn't Yeel 'hheyr cpuld grzt-enough money for the lot. Mr. Kemper asked what the haxdship was. I�. Holden stated that he would give the following verbal Staff Report: There is ao record on Yile of s lot split and this is e pre-requisite to issuing a building peTmit� and granting s bui].�ling permit to bvild a House on the wester],y 64 Yeet of theae two lots iu questi� would bring the house in very elose pos3tion to the backside of the duplex aacl reduce the size of the duplqti lot� in effect to 5000 equare PeeL. Mr. Holden stated that for theae reasons and over-crowding of the neighDorhood� sad poseible diYYicvlty trf.th sewe$ and xster� 3tsff would reco�end deaisl of the requeet Yar variance. lRr. Plemel ssked what the poasib2e problems wfth ss�r and vater vere. Mr. Hol.den stated that it would be a long run, and the,y Would probsbly have to tap to bring water fn� a� atao max: have to croes Mr. Blo�'s groperty wh3ch voulii require an easement from Mr. Ssloom. Me. G}abel asked it°tds. Liadgren �raa plsnning an.l3ving ia the house. Ms. Lindgren etated that they were. �r. Kemper ssked if thera aas aqy wa,y a house could be built an this lot and aeet code. Mr. Holden stated that tha 2at vae too amsll, cm3,y 64 tect deep. The proposed house ia 20 x k9 incltriiitg �lie`garege, ead vould be 35 feet back fr� the s�Y�eet� atrd 20' feet deep. �p,PEAI.4 C� MF�TING, aCT�ER 10, 1978 � PAGE 13 11s. Rsbel ssked fi tbere Was anp�aae else ia tha audisaCe r�arding thia request. Mr. $d`Ccalay and D4r. f3ersy Kangas came foivar8. Tbeir �ddraesee are �621 6th str�t� a.�., -and 5534 6t2, street N.E. iesyective]y, !�. Sloam p�eeeYtted e petition with eight si�etwres objecting to th�s variance to �uild • dvellin6 pt.525-`� Ave. N.E. TharPet�it�u► nad ss tollova: We the undersiamed �iecL �o tLe varianetr to t�ul,�,d �dweslliug at 525 • 56th Ave. N. E. 1�tIQN by Mr. Plm�el,� seconded by Mr.Kemper to reeeiva Petition No.21-1478 �c 1on to the veriance to build a dwelling at 525-� Ave. 2i. E. t�ON A VOICE VOTE� ALL VOTING AYE� VICE CHAIRi10MAN GABEL I�CLARF.D TEE MDTION CA�EtIm UNANIMOUSLY. 1�r. Kangas atated that ha objected to the rar+=*^e becayee he felt the lot vss too small ead woul,d cauee wercrowding in the �ighbarhood. Mr. Cooley aareed, 1lr. Pl�l ntated that Mr. end D+�s. Liadgtea hsve mad� arrangementa far paymsat e�' bsCk t,azas and there Yasao denger of Yorititwce. IDTI� by Mr. Barna, eacondsd bq Nr. Pleme3. to close the publia hearing. 4PON A YOICB VO'1�, ALL VOTING AYE, VZCE CFlAIItKO�N::C,ABEL DIECLABID TH$ PUBLIC �IIRING GLOSBD AT 9:�+0 PM.. i0i'. Barna stated that due to iacreasing tha density o� t�e ases, he �pyyd }�ave to object to it. !�. Plemel stated that therew�s ao precedeat in this atea for a S�OO sqvare foot loC and coaeideriag thr object;ans of the neigh]�wcs� he' wul,d have to ob�ect. 1�. K�aper atated tLat becauee o! the cloee proximfty betveen the duplax and • private 8xeiling� ha would hsve to object. �l'IO�P by; lh�. Kempar, seca�aded by Ah�. Plemel to recc� to Co�il dmial of request for variancea to ellow the constivcti� of a dweliing st 525 - 5bth Ave. N.S. to reduce the miaim� square foatage oY the 2aE Yrami the minim� require- �t � TS� eqvare Yeet to 5120 square i�t and to re8uce the requixed rear 7a�+d satbaek from 25 feet to 21 feet� pursuant to Ci�pter 205 oP the Fridley City GCde. (Rtqueat by Diana Lindgrea, P. 0. Bar 245� Rodgars� Mn. ). Denial ia s+OCOmoended because it �rould increase the deasity of the area, the lots in thf� area are laraer than SQOO equatre feet, the �igAborc.have obJected to it� aad it srov]A csuee cloee prcacimit,y"between a d�lex a:d'a private dvelling. �f A VO�CE Va!'E, AIS. VOTIAG AYF� VICE CHAIItWOMAB CABEL �LAti$D T� I�pTI� CR� tAtANIIdOCBLY. APPEAL3 C�R�ff33I0N ME�TING. Of,"POBEEt I0, 19'T8 PAGS lk Vice Chsirsromeu Gabe2 deolared e receas at 9:45 P•M, aacl reconvened the Appeela Conamission meeting ati 10:00 P.M. 5. REOUESP F�i VARIANQE PtHRSUANT T0 :HnPTFR 205 OF T. FRTniFY .TrPY . TA (Requeet by.8oger.:Welter� Eest River Rosd� Fridley, Minnesota 55432). MdTIOH bq Ah�. $erns, seconded by Mr. Kemper to opsn the public hearing. UPON A VOSCE YOTE� ALL VOTING AYE� VICE CBAIFiWOMAN GABII. DECLARED TiIIs Pt1BLIC HEARING OPEN AT 10:00 P.M. Ms. Gabel esked Mr. Welter to ca�e forward, Dts. Cabel read the Admin3stra�Eive 9taff Report ss follo�ra: _ .... .... ..._ _... _.. .... ADMINISTRRTIVE STAFF REPORT 6105 East River Road _ __ A.' PUBLIC PURPOSE SERVED BY RE UIREMENT: 205:053 (4C} A REAR YARD QEPTH OF NOT lESS THAN 25 PERCENT OF THE LOT Public purpose served by this requirement is to provide rear yard space ta 6e used for green areas which enhance the neighborhood. 8: STATED HARDSHIP: The property stated in this appeal sits in the Northeast corner of the lOt, it has been that way since the house was built in the year of T957, I beTieve, and has never been altered with. The reason for the case is that we need.the room that we plan to add on as if is tfiat we now haue a new addition to the family and would 3ike it to be a t-shaped rambler. We do not use the space behind the back of the house as a back yard because there is actually no room as is to be considered a back yard. We are buildin9 a patio along side the L ih the front of.the house in front of the kitchen. C. 'A�IINISTRATIYE STAFF REVIEW: The survey submitted shows an existing house located 12.9' from the , East property line. The petitioner proposed to add on to the Norih and West. 7he variance is necessary in order to add to the East watl of an existing non-c4nforming use. The addition will be approximately ` 18 feet from the side property line which is 62nd Avenue. APPEpI,B �Q1�R+ASSION i�TIIiG, Of.R'BHER 10, 1978 - � PAG� 15 lh�. Welter. tated he vould like to add one bedroas as�.� iamily roam and mak� tht ba�w �io an L-ra�bler. llr. Plamel asked i! there would be adf-street parkir�g.� 11r. We7,t�t atat� hie drivevqq camea off of East River Rwd. IU;� ti�btl a�ked if t2uss vaa a garaga there at this tise, ye. ileite� atated that he Waa in the proaesa of buildiag one. lis. Gabel act� that thex vae s vacated a]1ey there. I�r. i!e].ter stated bhat there wae ao treftic there. l�, K,e�er askad ii the surveq vas a true representation oY tha house. llr. Holden stated that it wne� and that Mr. Welter was fa the process of bullAing a gara8e s+hlch wse red-tagged because oY s dispnte aver the lat line. The gasage dispute does not effect thts reqwest. Mr. Ho]dea atated that Mr. WeiKter'e Louae aad his aeighbora house are both abart 43 feet irom the evx'b, �d Mr. Welter`e addition would extend 12 feet, vrhich voald meke the setbeck 31 feet iram the Gurb. 1ls. Gabel aeYed Mr. Welter if he rrould be doing the work himeeli. ih�. Nelter etat� t�ha�t he �+�ou1d be doing same ot the �nork aad hire eub-cea►trsetore for the nst. _ _ _. __- -- . Ms, G�bel •sked tf th,ere vaa aqpone in tha audieaee regar3in8 thie rezl�aes reqtieat. llr. Roger Sirkholz came ia�►ard and stated that he objected to the gara8a 1mr. ittlter s+as buii.diag. l4�,i: Rqae Sqyer aleo ce� Yorvard an�. stat�ed that s�e alao ob jectad to the �• 11s. (iaDel etsLed thst the garage hed nothing to do rrith tY�is it�m aad aaked ii thqy objected to the additioa �a the house. llr. BirBhola and Ma. Sayer stated that th�+ hed no objaatiaat. Me.� pldosl,,seked hrnr cloae the houee vou]+d be to the House' on the East. 1le. SolAea etated that it wouldn't be aqy closer than 27 feet. �i�i bg Mr. Barna, seconded by Mr. Plm�el to cloee t2be Public hearing. � A Y0� VOTE� ALL VOTIIt� AYE� VICE CHAIRiIOMAN GABEL �ECLARED Ti�.PCIDLIC �ARiI�i3 GLOSED AT ]A:15 P.M. • __ _ *�+r APPEAIS COP4'uSSION I�EPING, OCtOBER 10, 1978 � PnGE 16. Mr. Keffiper stated thst he fe3t the addition to the house vauld be aa improv�ment. Mr. Plemel agreed� considering the house was amall and the roomi needed� and the fact tLat there vras no neighborhood objection. t�TZON by Mr. P2emel, seconded by Mr. Berae to spprave the requeet for variance purauant to Chapter 205 oi the Fridley City Code� to allov en addition to an existing houee at 6:105 Enet R3ver Hoad frith a aon-conform3ng rear yard setback of 12 feet 9 inches inetead o2' the required 25`� of tha lot rrhich ie 32 feet a�l 5 inches. (Request by Roger Welter� 6105 East River Road� Fridley� Mn. 55�32). IIPOP A VOICE VOTE� ALL VOTING AYE� VICE CHAIRWOMAN GABEL DECLARID THE MOTZON CARRIED UNANIMC7USLY. (. R�QUEST F�i VARIANCE PUfiSUANT TO CHAPTER 205 OF THE FRIDLEY CIT7C CODE� TO e N.E.,�Minnespolis,y�•V55�3�)• M4TION by Mr. Kea�per, aecondq�l by Mr. Plemel to open the public hearing. UPON A VOICE VOTE� ALL VOTING.AYE� VICE CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT 10:20 P.M. Ma. Gabel eaked Mr. Mattsan to come Yorward. Me. Gabel read the Administrative �taff Report as follows: ADMINISTRAT.IVE STAFF RFPORT ' �311 52nd Avenue N.E. , 7315 52nd Avenue N.E. 1335 52nd Avenue N.E. 1345 52nd Avenue N.E. 5207 Pierce Street N.E. , A. PUBLIC PURPOSE SERUED BY REQUIREMEhJT: . � 205.053 (4A) fRONT YARD SETIIACY, OF NOT LESS TH�1N 35 FEET Publ'ic purpose served by this requirement is to allow.for off-street parktng without encroaching ron the public right of way and also for aesthetic consideration to reduce �he "build9ng line o€ sight" encroachment into the neighbor's front yard. 6. STATED liARDSHIP: We request a chenge in the setback from front lot line to 25 feet back instead of 35 feet, in order to conform with existin9 homes. Also we have a hill fuil of storm sewers. Riso to get a better back yard for new home owners. C. ADMINISTRATIVE STAFf RFYTEtJ: The accompanying surveys shaw that an average seLback of 25 feet in the Pierce Street area. The quick drop in the area necessitates the lesse�• setback to save filling a great deal. The petitioners wi11 have to provide specific lot situations and topographical inforniation at the public hearing. APP'&AI.S Q�3SYQN �ING, OCTOBER 10, 1�78 � PAGB 1T 1"'_�y..! �r. Mattaoa etateII that there.'s s hill 8oia8 uP fram► t,�e bnck a? theee iots, e�nd the Caintq haa 5:storm dz^sias Boin6 tnrough th4so-1ai11a. Mr. Mnttson •tat�d tlut there are twc hcusea there xith a variaaee for 25 foot eetback emd M►: Mettson Pelt it would look better for the City it ell the houaes had tha 25 foot setbeck iastead of his Yoeu haviag a 35 foot setback. Also there vas e problem of the drains• Mc• Mettsan etabed t1�t he had talked to Darrell C1sTk 4nd Mr. Clerk 9t�$8eated that ht ask for a vsriance. 19r. Mnttsoa stated that the lot on 520T Pierce preseated a hardship becXauae the bsck oY thst lot dreP4�:etraieht dovn. lls. (3abe7. aeke3 about easmeats. Ilr. �aidiea atatnd ti�at there are 5 esaamsnts fa� the atorm eewera. Nr. ilattaoa stated that the variancee on these lats wexe Previously gra�ted� but hed exPired. Mr. Plemel asked if the other ho�ses an thst atreet had e setbacls � 25 ieet. Mr, Holdea stated that the houses across the street bad a eetback of 35 feei, but as long as the houses vere uaiPorm a� each aide of the strcet, it vouldn't look bad. Mr. Holden stated that varieaces faa� theaa laEs viere grante3 ia 1969, but on],q oone ad tha haasea vex buiil. lp3'IOM by blr. Kemper, secoffied by Mr. Plemel to close the public hearing. UPON A VOICS VOTE� ALL �OTIl9G AYE� VICS CHAIRWOMAN GABSL D�G7.ARID TSE PtffiLIC 1�AilII�G CiASED AT 1A:30 P:M, 1�. �per stated thaL he had n� objectiona, the herdehips an8 advante8�s are OR�ti3t�us - I4, Galfels Mr. Plemel anrl Mr. Berns a6reed. 1�1TION HY Lh�. Kemper, seconded by Mr. Plm�el to approve requeat Par variance pttreuraat to Ck�apter 205 �' the Fridley City Caie� to allw the construction bi tSare nev avellinga at 1311, 1315, �335 and 1345 - 5� Aneaue N.E. ead 5�'f pier�te Street N.E. vith the f;w�t yaid eetback reducad f2� LLe required 35 feat to 25 feet. (Request by Alfred Haseler abd Allaa C. Mattsan� 10301 tAtitersity Aveaue N.E.� Minneapolis, Mn. 55�3�)• � A VODCS VOTE� ALL VOTII� AYE� VICS CHAIEbiOMApi GAB&G I1�CLARED T� IR7PIOTQ CAli�28� tAtA�IMDUSLY. - 1I� aa�el snrormea Mr. Nst�sa� tbat he ewila get t�is bauaias permit• � • I � �' .I $' 1' � •: 91' � • i 7• x�qz�s2 Foa by Gua Doty, 6205 University Ave. N.E.� Ma. Gabel aeked Mr. Doty to eteg foraerd. Me. Gabel read the Administrative Staff Report as.Yollowe: A. . 11Dl41NIS7f?A7IVE STFlPF R[PORT 6299 Universi"ty Avenuc N.E. PUCLIC PURPOSE SERVCD EY REQUIItEMENT: 205.10�1F� TN[ EDGE OF TH[ CURf3 OPEt�ING 51{ALL P�OT [tE ( tdF11Rf_ST — - — - - , ; Public purpose served is to provide for adequate site clearance at� intersections as Yre17 as sufficient room for traffic to "stack" between a drivea�ay and an intersection. SET6ACY. STRUCTURE TO ANY .. ��aw�i� v� nn� an �.-�.s v�� .-LJ L.VIrA1VU. . Public purpose served by this requirement is to provide for adequate parking and open landscaped areas as �vell as to avoid congestion and provide . adequate site clearances in commercial areas. -205.103 (46) REQUIRES A l�tINIMUM 15 FOOT SIDE YARD SETBACK Pubtic purpose served by this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fzghting, and reduce cortflagration of fire. 6. STATED NARDSHIP: 80 foot setback on C-2S property of l00 foot width makes property unbuildable. �. HuroJNISTRATIVE STAFF iiEVIEIL• � � � As shosvn on the plans, the prop�sed building location necessitates an onening of about 48 feet from the service road interseetion. The zoning is C-2S which requires an $O foot set back of the i+iairr structure from the pu6lic right of way on 63t•d Avenue as well as on University Avenue Service Drive. The b�iildina depth requires an additiona} variance fir•om. 15� fett�.to 5 fest for the side yard set back on the soutl� side of the property. Visual impact, grade and traffic flow should all be considered in granting this request to build an office building. �� i .IR �i' . I� - �•� � �I: �i' � 1 ' �� lb. �3sbe1 nsked Mr. Datq to explain what he planaed to do. 1ir. Doty etattd his problem vee tLat the lotW83 100 x 300 and an 80 foot setback ;, requi�ed�o?Y UniYeraity Av�e aud aleo odY 63rc1 Avemu. 13r. Doty etated h�e had ariginallyr considered a building 50 x 1W PeeL� but thta csused a prob].em vith ttie psrkiag reqvirements. A 64 x 80 Yoot building nllaYSth� to put the perklFlg ia i�ront with the driveswa�y comiag off of 63rd. StaYY Yclt it would be better ta bave ti►e drivewqy off 63rd ratl�r thaa University. Building a 60 x 80 lcot ltui�d#a8 neeeeaitates building uithin 5 feet at the lot line. lk. Plemel Yaked if embeal�eat vork waul,d be nacessary ia the back aince Mr. Doty'�a 1ot stta quite high. Imr. Doty stated tlutt �ronsld aot be neceasary. l�s. Gabel etated that sl� rcas cancerned about the drivew�y. l�r. Doty atated that in order to get the addltional perkia8 they Put tlie drive- viqr there. Mr. Dvtq explained that there r+ere alternstives, and personally he votild prefer the drivesrqy off oi (k�iversity� but Staff preferred 63rd. 1ts. Gabal aaited thet space xould be avai:Lable f� 35 parkiag spacea. Ne. Doty ateted that as�Y 32 $Peces are require8. Mr. Doty exPlained that he hai3 pleaned that on]y himself aud tL�e otL�er tenant in Yront srould uso the parking in fsont�;aad the other teaants uoultl usa the rest of the psrkiag ezeas. lfs. Gabel aeked hov mauy teneata there would be. Mr. Doty atated there would be 8 teaanta eith 1000 square teet esch. Ms. t�sbel stated tLat ehe thought the drivevay wsa too close to the inter- sectiou� aad there Would be s lot oi treYfic fram the bank. kr. Do�,}r etAted tLat FYid�y aYteraoon wastlse busy tiae ior the ban3c„ 8o shauZdn't cauae a problem. D�s. Oabel aeked ii thia wwld preseat s problem vlsval7y. Mr. Bo]Aen etated it rrould be no pro�lem. Ms. (iabel asked ii the muci� utilizatiaa �rae conaidered in iiguriag the �arking. �. Daty atatcd tUat it vas. ib. c3abel asked Mr. Doty vhen he glsaned � etarting. !!r. Doty stated he hoped to get the iouadat3on in this fall. 14s. Gabel saked 1�. Doty ii he had talked to Lis neighbare. Mr. Doty stated he hedn't talked to thaffi in tht lsat fe�r dqys, but was aure tLa�r Ytt'e aLl avare ot it. 1� 1lPPEALS COt+@AI83ION N�ETING, OCTOBER 10, 1978 PAGE 20 : Ms. Gabel asked Mr. Doty hov long he�had o�raed the B��Y• I+h�. Doty replied 6 or 7 years. Mr. P2eme1 asked wtly Mr. Doty dtda't put the building out ia froat. Mr. Doty atated t3iat that was vhat he wanted to do, but StaYf did not.sgree. Mr. Doty atated that 3ta1'Y wants the 80 Poot setback fra�m University. t+�. Kemper stated that if the building had to be setback 80 feet� this would be the lesaer oY three evils. Ms, Gabe2 as$ed haK this would metch up rr3th the Bsnk. Mr. Doty stated that the Bank was moving their drive-ia and traPfic would be channeled to the sezvice roa3. Ms: Gabel stated that would relieve the:burd&n:, MOTION by Mr. Barna, seconded by Mr. P2eme1 to close public hearing. UPON A VOICE VOTE� ALL VdPItiG AYE, VICE CHAIRWOMAN GABEL DECLARED THE PUBI.IC HEARING CLOSED AT 11:10 P.M. _ ... Motlon by Mr. Kemper, sece�ded by Mr. Bsrna to reeq¢nmeiui to Cozancil approval �req�uest for vsriances to Chapter 205 oP the Fridley City Code to a1loc� the eonstruction of a caaunercial oPfice building at 6299 University Avenue N.E. These variances are needed 'hecause the side yard setback will be 5 feet instead of the required 15 fee�� the setback from public right of vey of the maia building wiLl be 35 feet;instead at' the required 80 feet� and the driveway entrance will be �►Q Peet iastead oP the 75 feet required to the street inter- section. (Request by Gus Doty, 6205 University Avenue N.E., Fridley, Ma. 55432). UPOK A VOICE VOTE� ALL VOTIDTG AYE� VICE CHAIRWOMAN GABEL DECLARED'T8E A%YPION CARRIED UNANIMOL67,Y. � by Acme Metal Spinnings 98-43rd Avenue N.E., Fridley� Mn. $�t21). MOTI01� by Mr. ICemper, seconded by Mr. Ple�l to open the public hearing. UPON A VOiCE VOTE� ALL VQTI1� AYE� VICE CHAIRWOMAN GABEL DECLAR� THE PIBLIC �ARZNQ OPEN AT 11:15 P.M. Me. Gabel asked if there rree a representative of Acme t�ktal Spi�ing presexxt. UR�. Tama Johast� came torwar�F Ih�. Holdca exglaiaed that thie wee a late hvur req�s't snd �t on the ngen$a. pnblic noE�ces veze aot seR#,°.out, but the Acme Metal,$�aianine 1�ad a petitioa iram thair ne3ghbors �+siving the 10 dqy notice;� and ;�fY. Halden read the . petition as f03�o�rs: Ma tke �md�teigned� waive our right to t2be traditione]. 10 day aatice of public h�aris�B foY a veriance reqnest on the preperty locai+ed neaT ttx corner aP Mei.n � t�� py�� N.E. (the sddress being 98 - k3rd Av�nue N.E.), legally des- Cribed as tollawe: ALL OF IAT 6-f.�C THE FOL A C�! A7' THE NE CCfft 0�' SD IAT 6 TH ii pN Ti� li tINE OF 3D IA�T A DIST OF 165 ST TSL 3 ON A LINE PRLt. WITH Tfffi E LII� �' � I�i 6 A DIST OF 132 FT 'P� E O1� A LIRE PRLL WITH T� N LINE OF SD LOT 165 FT Tp T� $ ytNE pF' Sp LOT 6 THS N ON. The variance request is to Caie Section 205• 13b� 4� C to reduce the requi.red rear yard setback frGm 25 Pt. to 15 �• We lmdersta� that this matter will be preseated t�ef4re Oct. lOth meetiag of the Board of Appeale, and there will be a public hearing. Our signsture bere dcea ao naceasarilY mean our epprwal of thia requaat, but merel,Y notification of the puDiic hearsns. . '�►e P�ition t+ns signed by S ne��TS of Acme Meta1 9P��Bi 7nc., includinB Hme11:►8toa NorLhern, I�., and the City of Coitaabis Heights. �TI�. b�, D�.. K�er, see�ded by Mr. Plemsl to receive petitioa Ho. 2Z-1978 L�OdI A VOICE V0�1'E� AiL VOTIRG AYE� VICE CHAIIiW�iAti GABEL 1�GLARE,D T� MO�IDR CA� tAYA�II�DU3LY � - _ . Me. Gabel sekcd 2�. Jobastan What he intended to do. l�. Jobnston at8� that Aeme Metal SPinnin8 msde metal Parts to c�der, ea8 hae baen ia bvsinesa for 22 years. They need to e�cpsad 7�scause they need room;tor atcfrage of their patterns� same of vhioh are 9 ieet in diameter. Mr. JohaBm� ptated tbat their hardship zrAa that they ozm the adjaceat prnPert3' oa both sides� und iritend to expsad thaiz bnilding. The buildizig is 35,� 84� �eet now an 1�pprpx3,ma�Ee�Y �► acres ot i8nd� and theY wuld like to expand the buildin8 to 55,CCC�o:or do, 000 square Yset sometime �►ithln the next 5 Yeara. At that time thq► �rill sell aae oP the ad3acent pieces of.PrCgel'tY, either east or w�eat oY tbem to help iinance thia praject. If thpr nrn+ put a 2,000 eqvere foot building on.tl�st� they felt it would be a deterrent to Lhe sellin8 price oi 'the prePex"CY• T�qr d�'t vnnt to se}1 either ane oY them� buL eith the 4d�r lend comerage that ra h�v! ia this C�itYs theY vould have to retain one oY those Pieces of prc�erty in ardsr to add to the building and sSill meet the requiremeats. T6ey eou3d 60 20 x 60 wlthout a variances Put aince their patterns are 9 ieet ia di�meter, they vould likn a�hex' lA Yeet ot:etoa�age space. The bui]+din8 would be b�talcalSy a metal frame bullAing xith a cr�nt alab. lls. .(is?�r1, aaked if there ww].d be adequste �ccase for fire equipmei►t. lh�. Joimat.� stated ttiat they have plsns !or a epri�kler system. mr. Johastcn �ildetl that there wauld be 13D Yeet dorat irom Mait► Streeti but Sn Winter time Lhe�l vatld nev�e�c' 8et through. lh�. Holden atated there ws=tbe possibility oi a hoae lyr-in, vhich wuld reach jnst io it. i : AFPEALS COD4AI33ION t�TINti, OCF�Fi3 ,10, 14"i8 - � PAGE 22 ldr. Johnston stated that they hed aekccl the City. of Col�aabia Heights if they ehould contact the residamGs;�efioss the etreet, end the Ci#,y of Columbia Heights dida't think there vould be a groblem there. There would be no vieusl imPaet. Mr. Holden stated that they obviausly o�med enough praperty to expend eSLher east or veeti havrever there �s some validity in the grade change auci possib]y ia the lqyout of the inter�.or of the buil�i,ng. Mr. AW,den stated that he didn't see a�l great pTOblem in the proximity to the south lot line ia what they rrere I esking Yor. 1+�fIpN bq Mr. Plemel� secomded by Mr. Kemper to close the public hearing. UPON A VOICE VOTE� ALL VqiIAG AYE� YICE CSAIRWOMAi�i GABII. DfiCLARED T� PUB7,IC HEARING CIASED AT 11s3fl P.M. MOTION by Mr. Berna, aeconded by Mr. Plemel to recaommend to Council approval oi the"request for variance per Chapter 205 of the Fridley City Code, to reduee ths rear yard setback frwa 25 feet to 15 Peet in M.1 Zoning (light induetrial ereas)� to allaw the constructioa of e 30� x 60� addition to aa exiating building to be used for storage st 98.1+3rd Aveaue N.E. (Request by Acme Meta2 Spianing, 98-43rd Ave. N.E., Fridley,"Mn. 55�21). i�OA A VOICE VOTE� ALL YOTIl� AXE� YICE CHAIR470MAN GABBL TIECLARID T9E 1dOTIQN CARRIED UT7ANTMOUSLY. q. INI'!'IAL REVIEW OF' `ZONSNG QODE MODIFICATIOSI3 _ _ Ms. Gabel stated that she had discu�sed this �rith 8on Holden, and suggested that the C�aission members s�e�d through tha doeeane� beEore the next meeting, and make notes of what they would iike to discuss, and the fiaal review vovl.d be on Novenber 14. M4TION by Mr. Kemper, seeomded by Mr. Plemel to edjourn the October 10, 1978, A�s Commiseion meeting. UPON A VOICE V0�'E, ALL V�II� AYE� VICE CSAIItWOMAN GABEI. 17ECLARED TNE MEETING At�.totkixID AZ' ]1:4g p.M. Respectfully' Submittad: _e2��Za�//3!� _fP�l�iN� KATB7f S T N� �Oft$ e October 6, 1978 Mr. Richard Harris, Fridley City Hall 6431 University Ave Fridley, Minnesota Dear Mr. Harris: Planning Commission Chairperson N.E. 55432 �� i5 I understand the Planning Couunission is seeking coum�unity representatives to serve on an Energy Project Coam�ittee. I am interested in serving on that committee. I'm not sure exactly how I might be able to help or even if my evening classes at the University of Minnesota on some nights would allow participation. I would be willing to do everything I could to arrange classes around the project committee meetings. I have long been an advocaCe of a formal energy policy in Fridley. I feel that concentrated efforts at Yhe local level could re5ult in significant progress towards meeting our government's goals of reduced enetgy consumption. Fridley can indeed be a leader in this effort. My name is Dean Saba. I am 33 years old and have lived in Fridley for the past nine years. S presently live at 6325 Van Buren Street. I have been married for nine years and have two children. In 1967 I graduated from Noxthwestern Electronics Institute with a diploma in electronics technology. Since then I have been periodically attending evening classes at the University of Minnesota pursuing a Bachelor of Applied Studies Degree in Business. I am presently a Production Engineer at Sperry Univac in Roseville where I have worked since 1965. Zf there is any additional information you would like, please contact me. Sincerely yours, � � Dean Saba flUMAN RESOURCES COPAfLSSION MEETING OCTOBER 5, 1978 l�ERS PRESENT: Ned Storla, David Thiele, Marlyis Carpenter N�ERS ABSENT: Mary van Dan, Mary Jo Dobson OTHERS PRESENT: Peter Fleming, Administrative Assistant Betty Christlieb, Housing Specialist 7,arzy Dobson, Tenant(Landlord Project Co�ittee Chairperson Peter Treuenfels, 5460 - 7th St. N.E. CALL TO ORDER• Chairperson Storla called the meeting to order at 7;35 p.m. APPROVAL OF SEPTEMBER 7 1975, HUMAN RESOURCES COPII�IISSION NIINUTES: MOTION by David Thiele, seconded by Marlyis Carpenter, to approve the September 7, 1978, Human Resources Co�ission minutes as written. Upon a voice vote, all voting aye, Chairperson Storla deciared the motion carried unanimously. APPROVAL OF AGENDA- Mr. Storla stated that the following items would be added at the beginning of the agenda, moving "Memorandum of Agreement" to Item 4: 1. Anoka Govnty Human Rights Cav�issions' Meeting - Anoka County Hwnan Rights Day 2. Wickes Furniture Discximination Camplaint 3. Saternational Year of the Child 1. Mr. SCOrla stated that the Human Rights Co¢�issions of Anoka County had gotten together on September 24, 1978. Six of the eight co�issions weze represented at that meeting. They had discussed the followiag two items: 1. Having a relationshig with'the Anoka County government. Eight now the majority of the government's money was used For welfare, public assistance, senior transportation, and other service organizations, but to no outside advising committees. The commissians were going to look into that. HUMAN RESOURCES COrIIiISSIQN MEETiNG OCTOBER S, 1978 - PAGE 2 2. Having a Human Rights Day. They had decided to come back to their individual casmissions and ask the members' feelings on whaC should be included in this day. Specifically, the idea was to get a big name to give the keynote address, hreak down into groups for workshops, then reconvene and have a swmiary of what had happened. Mr. Storla asked the C�ission members i£ they had any ideas of what could be included in this Human Rights Day. Ms. Carpeater stated she thought having a Human Rights Day was a very good idea, and she felt that one area that could be discussed was "discrimination" and the feelings centered around the people receiving welfare payments. Mr. Storla asked Mr. Dobson if he would help conduct a workshop on tenant( landlord cov�issions if the other commissions wished Yo set that upY Mr. Dobson stated he would be glad to do that. MY. Thiele stated he felt the Human Rights Day was a good idea also. He felt a couple of areas that could be discussed were the "handicapped" and the "�eterans". Mr. Storla stated that, as things progressed, he would report back to the Coumission. 2. WICK6S FU&NIT[TRE DISC�iMINATION COMP'LAINT: Mr. Storla stated that at the last meeting, Mr, and Mrs. Hentges of Columbia Heights had been present regarding a.discrimination against Mrs. Hentges by Wickes Furniture. Mrs. Hentges had been rafused credit uhen trying to purchase furniture. Mr. Storla stated he had contacted Mr. John W. Nalbor of Wickes Furniture. �. Nalbor had stated that Wickes had their own credit agency in Chicago. Mr. Nalbor and the credit agency had gone through the files trying to find Mrs. Hentges' application and could not find it. Mr. Nalbor stated that anyone who was over 21 and employed or had a Master Charge card was automatiCally eligible for $750 credit. He was assuming that wY�en Mrs. Hentges came in to purchase furniture, she was automatically aot eligible because she was unemployed, and that her husband was eligible because he was employed. Mr. Storla stated he would get back to both Wickes Furaiture and Mr, and Mrs. Hentges to see if this would settle the matter. HUMAN RESOURCES COt�AfLSSION MEET�TG OCTOBER 5 1978 - PAGE 3 3. INTERNATIONAL YEAR OF THE CHII,D: Mr. Storla stated that the co�issioners each had a copy of a letter from the National Co�ission on the InternaCional Year of Che Child, 1979. He stated that discussion ou this item would be conCinued at the next meeting, Mr. Storla stated that in a speech by PresidenC Carter, the President had stated that "in our rich country, there are 10 million children who have never had any medical care at all and one-half the children in this country have never seen a dentist". 4. MEMORANDUM OF AGREEMENT- Mr. Storla stated that the Memorandum of Agreement had not been approved by the Planning Co�ission,�and it was being sent back because the Planning Co�ission wanted to have a flow chart--a system the Human Resouzces Co�ission would use far processing complaints. MOTION hy Marlyis Carpenter, seconded by David Thiele, to recoum�end to the Planning Co�ission and the City Council that the Memorandum of Agreement be approved as written. Using the "Rules of Procedure for the Human Rights Commission of Bloomington, Minnesota", Mr. Storla and the Co�ission came up with the following "rules of procedure": AANDLING REPORTS OF DISCRIMINATION Principles. In handling reports of discrimination, the Fridley Human Resources Co�ission shall make every effort to find solutions that improve human relations in Fridley and respect � the rights of all parties to any charge of disczimination. The Commissioa's primary role is advisory; it does not possess some of the quasi-judicial functions of the Mi.nnesota Department of Human Rights. Reports of Unfair Discrimination. 1. The City Staff will notify the chair of the Fridley Auman Resources Co�ission that they received a report of unfair discrimination. 2. The chair will contact the intake officer and the intake officer shall meet with the complainant and info rn� them of: a. The scope of the Minnesota Human Rights Act b. The scope and powers of the local commissions c. The scope and powers of the Minnesota Department of Human Rights d. The right of alternative filing with the Minnesota Department of Human Rights. HUMAN RESOURCES CONAIISSION MEETING OCTOBER 5 1978 - PAGE 4 ("rules of procedure" continued) 3. If the complainant elects to file with the Fridley Human Resources Commission, the intake officer wi11 assist the complainant in filing the appropriate forms. Investf ation. 1. The intake officer and the chair of the Fridley Human Resources Commission and any other interested commission members sha11 conduct the invesCigation of the complaint of discrimination - and sha11 be known as [he Investigation and Conciliation Team, 2. The Investigation and Conciliation Team shall promptly serve on the respondent by certified or registered mail a written notice of the complaint along with a brief explanation of the camplaint handling procedures of the Fridley Human Resources Com�ission. 3. The Investigation and Conciliation Team shall promptly obtain alI information relating to the complaint of unfair discrimina- tion. The Investigation and Conciliation Team shall seek such information from: a, the complainant b. the respondent c. witnesses of the unfair discrimination d. other parties with information relevant to the complaint: Report of FindinRS'. 1. `The Investigation and Conciliation Team shall, at the next Fridley Human Resources Cou�ission meeting, report its ` findings and recommendations. The Fridley Human Resources Co�ission shall review the case and shall make a determination as to whether or not there is probable cause to credit the complaint of unfair discrimination. 2: The Fridley Human Resources Commission may dismiss the complaint a. for lack of jurisdiction ' b, based on a f3nding of no probabLe cause to credit the complaint of unfair discrimination c: due to complainant's unwillingness to proceed with the complaint d. for other appropriate reasons, HUMAN RESOURCES COMMISSTON MEETZNG OCTOBER S 19x8 - PAGE 5 ('•'rules of procedure" continued) 3. A£ter a finding of probable cause to credit the complaint of unfair discrimination, the Fridley Human Resources Commission, with the consent of the complainant, may, a. proceed ta conciliation, or b, proceed to a formal charge. Conciliation. When the conciliation seems to be in the best interest of the parties to the comptaint, Che Fridley Human Resources Comnission shall recouanend to the Investigation and Conciliation Team to work to move the affected parties toward a conciliatoxy xesolution of the discriminatory practice. Report to the Fridley Human Resources Co�ission. At the conclusion of the conciliation process, the Investigation and Conciliation Team shall inform the Fridley Human Resources Commission of the results of conciliation. Commission Review. The chairperson shall report at each coimnission meeting on the progress of all current investigations and coneiliation efforts. (If the InvesLigation and Conciliation Team makes recouunendations, they may include suggestions for furtRer conciliation, specific actions by either party to the matter, or administrative or legislative remedy.) Referrals. The Fridley Human Resources Commission may refer matters needing further investigation or action beyond the commission's authority to the Minnesota Department of Human Rights. FORMAL CHARGES AND HEARINGS Charges. In the event the report of an unfair discrimination practice appears to be well founded and cannot be resolved by conciliation, a verified written charge under oath may be filed with the commission. Such a charge shall state the name and address of each person complained against (respondentj and shall set forth the pertinent facts as lmown to the charging party. A charge of an unfair discriminatory practice must be filed within six months of the occurrence o£ the practice. The co�ission shall hold a hearing within 45 days of the filing of the charges. The Commission members did not feel they wanted to get involved with the formal charges and hearings process. Mr. Dobson stated that the Commission could not conduct a hearing by itself. A hearings officer from the State had to be in charge of the hearing, if a formal heazing was held. He stated this was,part of the American process of criminal justice, which involved this very same Ching. $UMAN $ESUURCES COI'R'IISSION MEETiNG OCTOBER 5 1978 - PAGE 6 Mr. Dobson staLed that 3f the Cc�ission did not take an this respansibility, similar to the responsibility of juries, he thought they �rere negiecYing the_impvrtant area of enforcing the Human Hights Act. It could go to the State, but it tame baek to Yhe same situaYion--vhere it would Yake 19 months for a i�earing and many times peopie drapped Lheir charges be£are that time. He felt if the Commission was only going to hmmdle the easy cases, there was not much point in their getting involved. Mr. Fleming stated that he could uuderstand what Mr. Dobson was saying, but he thought that by the time thi� went ti�rough the Ylanning Comnission and City Council, their reaction to the formal charges process probably would be similar to the reaction of the Co�i.ssion's. iie felt if the Commission got the other part going and did thaY well and could demonstrate defiaite accomplishments after siac months or a year and could then show that by adding the £ormal charges mechanisw that they could accomplish even more, they would have a more solid base on vhich ta get it later, and would also be older and wiser. Mr. Thiele staCed he did not feel the C�ission had enough experience to get in[o what was sequired. Mr. Dobson staCed that all the Commission was doing was to try to decide if someone's rights as a human being were being violated. Nobody in the world was in a better position than a h�an being to make that decision. No legal training or e�rperieace would put anyoae else in a better gosition to make that decision. Mr. Storla stated that after going through all the legal sounding process, it sounded like the Co�ission wwld only be coming up with rec�mendations for other people, and those reco�endations were really for the Minnesota DeparEment of Human Rights. The Co�mission could give the Minnesota Department of Bvman Rights tbeir recou�endations without going through the formal charges and hearings. Mr. Dobson stated there might 6e a misconception in that it did not go from conciliation to formal charges. It was either/or--either conciliati� or formal charges. Mr. Storla stated that the Co�ission had to make sure that their process did not conflict with the Memorandum of Agreement. Mr. Storla declared a.ten-minute recess at 9:00 p.m. The Commission members concurred to leave the "Farmal Charges and Hearings" ia as Fart of the "rules of procedure". ("rules of procedure" continued) Setting Hearing. The Fridley Human Resources Commission shall chooae which one of their regularly scheduled meetings they will use for the hearing of the charge of unfair discrimination and the answers to the allegations thereof. iIUMAN RESOURCES COMPIISSION MEETING OCTOSER 5 1978 - PAGE 7 ("rules of procedure" continued) Notice, All affected parties shall be g3ven aotice of the time and place of hearing at least 10 days prior to the date of,hearing by registered mail or other personal service. Condvct of Hearing. In conducting a hearing, the Fridley Human Resources Co�ission shall have full authority to administer oaths, to receive testimony and other competent evidence relative to the matters in question, and to hear, examine, and cross- examina witnesses. Both the charging parCy and the respondent shall,appear in person at the hearing and may be represented by counsel; boCh may call witnesses on their behalf and take their testimony. A11 witnesses, including the charging party and the respondent, may be examiaed and cross-examined. The commission shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based on competent evidence. Each witness shall testify under oath. A stenographic record sha11 be made of the proceedings or an electrouic recording device may be used. Commission Actian. At the conclusion of a hearing, the Fridley Human Resources Cou�ission shall adopt a statement of its findings and recommendations and report same in writing to all parties fnvolved, and to the Minnesota Department of Human Rights. Mr. Storla�stated that this then would be their system for handling complaints. Mr. Storla staYed that on page 10 0£ the Memorandum of Agreement, the following changes should be made; (words underlined are additions) VII. Supplies and Personnel provided to Loca1 Auman Rights Co�issions The state Department of Human Rights will provide the FridLey Human Resources Human Rights Co¢mission with department personnel and supplies needed to carry out this collaborative agreement. Under VII, A, item 7 Ta es shauld be added; also, add B. Personaei, (1) Hearings Officer, � MOTION by David Thiele, seconded by Marlyis Carpenter, to amend the Memorandum of Agreement Co inclu�e item (7) Tapes, B. Personnel, and {1) Hearings Officer. HIR4AN RESOURCES COMMISSION MEETING OCTOBER S 1978 PAGE 8 MOTION by pavid Thiele, seconded by Mazlyis Carpenter, to receive the neW Memorandum of Agreement. Upon a voice vote, all voting aye, Chairperson Storla declared the motion carried unanimously. MOTION by Ma=lyis Carpenter, seconded by David Thiele, to include in the minutes all previous discussion about Che Memorandum of Agreement. Upon a voice voCe, all voting aye, Chairperson Storla declared the motion carried unanimously. Chairperson Storla stated there was still a motion on the floor to amend the Memorandum of Agreement. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STORLA DECLARED THE MOTION CARRIED UNANIMOUSLY. Ghairperson Stozla stated there was still a motion on the floor to recoumend to the Planning Commission and City Council that the Memorandum of Agreement be approved as written. WITHOUT A VOTE, CHAIRPERSOf1 STORLA DECLARED THE MOTION WETHDEAWN. . The Commission members felt that, after spending so much time on the Memorandum of Agreement and in reading it again, that the Memorandum of Agreement was not written very clearly, and they had concems about the terminology used, i.e.s conciliator, Investigation and Conciliation Team, intake officer, local conanission officer, They felt the terminology had to be clarified at another meeting. Mr. Dobson stated he would make a flow chart of the complaint process and would include it in the Commission's •agexida for Che next meeting. Ms.,Christlieb stated that the Commission should not pass on something to the Planning Commission that they were not comfortable with. MOTION by David Thiele, seconded by Marly"is Carpenter, to cont3nue diseussion on the Memorandum of Agreement at the next meeting £or furCher clarification. Upon a voice vote, a11 voting aye, Chairperson Storla declared the motion carried unanimously. Mx. Dobsoa asked if it would be appropriate that after the minutes were completed, that they provide this information to the media and invite the public to attend the next Human Resources Commission meetingP Mr. Thiele suggested that Mr. Storla, as a member of Planning Co�ission, recovmiend to the Planning Commission that the public be invited when the Memorandum of Agreement was passed on to Planning Cowaission. The Commissioners concurred with Mr. Thiele's suggestion. x . HUMAN RESOURCES COi�fISSION MEETING OCTOBER 5 1978 - PAGE 9 ADJOURNMENT: MOTION by Marlyis Carpenter, seco�ed by David Thiele, to adjourn the meeting, Upon a voice vote, all voting aye, Chairperson SCorla declared the October 5, 1978, Human Resources Co�ission meeting adjourned at 10;00 p.m. Reapectfully sub -tted, � L Saba Recording 5ecretary / COMM[TNITY DSVELOPMENT COMMISSS02i MBETING OCTOSER 11, 1978 MEMBS$S PRESENT: LeRoy OquisC, Connie Modig, A1 Gabel, Kenneth Vos MSMBERS ABSENT: Herman Bergman OTHEI�S PRESSNT: Jeff Christenmeni, Planning Aide CALL TO ORDER: Chairperaon Oquist called the meeting to order at 7;40 p.m. APPROVAL OF SEPTEMBER 12 1978, CO2�tUNITY DEVBLOPMENT COMMISSION M7NUTES: M4TION by Comiie Modig, seconded by Renneth Vos, to approve the September 12, 1978, Community Development'Coumission minutes as written. Upon a voice vote, all voting aye, Chairperson Oquist declared the motion carried unanimously. � - 1. BIK6SdAY/WALKWAY SYSTEM: At the September 12, 1978, meetiug, Ms. Modig had requested that staff inform the C aomission, in writing, of who had authorized ehe disposal of the Bikeway System on Mississippi Street and that there had been an sgreement that any changes to be made on the Bikeway/Walkway System should come before the Ca�unity Development Commission first. Hr.Christensen stated that Che Co�issioa members had a copy of a letYer dated September 15, 1978, from Mr. Dick Sobiech to Mr. Qureshi, regarding the "Sumanary of Bikeway System Changes on Missisaippi StreeC and Osborne". Ms. Modig stated that the letter still did not explain why the City had not notified the Commissioa of the change before the Commission had to request that information. She stated that even with the bikeway system off Mississippi, Chere was still the problem of motorists parkiag on Hissieaippi, reducing it to a two-lane street moat of the time, regardless uf the four lanes. Ms. Modig referred to the firsY paragraph nnder "Conclusions" on page 2 of the letter: "Bpon initial development of the City of Fridley Bikeway Plan, there was discussion by county personael that eventually Miss3ssippi Street and Osborne Road would need to revert to four lane roadways. Ttaffic conditions at this time warrant four lanes, therefore, alternative bfke routes must be provided. To ensure safety of the bicycllat, it ia imperaCive that the bike routes be eatablished off thege roadways.�� COlAIUNYTY DSYELOPMENT COMMISSIdN MESTING, OCTOBER 11,_1978 - PAGE 2 lfs. 13odig stated that when the city knev they wexe going to resurface the street, tha Commission should have been notified and the Commission �would have had ample time to at least establish other bike routes. Where did the bikes go now? On Che sidewalk with na ramps? The ciCy's explaFtatfon might be fine, but it was not satisfactory to her as to what the Community Development Commiasion's stand was on it. If tha ¢ity was going to take over the bikeways, then the Commission should �tot be responsible tor it in any way. Mr. Oquist stated that he thought the Gounty had jurisdiction, and he did nat think the city had mueh to say about it either. Ma. Modig stated she ag;eed with that, but ahe still thought that the city had ample notice so that something could have been brought to the Conmiasion ahead of time in order £or the Commission Co help astablish aew routes. When Co�nisaion members were approached by citizens abouC what was happeniag with the Bikeway/Walkway System, the Co�ission members did not have the vaguest fdea. MOTION by Connie Modig, seconded by A1 Gabel, to receive the memo dated September 15, 1978, from Mr'. Dick Sobiech to Mr. Nasim Qureshi regarding the "Surmm�ary of Bikeway System Changes on Mississippi S[reet and Osborne Road". IIpon a voice vote, all voting aye, Chairperson Oquist declared the.motion carried unanimously. I�DTI�T by Connie Modig, �econded bp Renneth Vos, to emphasize again that the Communitq Development Cammisaion be given ample notice of any further changes to the Bikeway/Walkway SysCem, prior to those changes, either by being advised of the altemates or by being informed of what was going to be done wiCh the Bikeway/Walkway System. M�. Modig referred to the last paragraph on page 2: "What remains to be dome on Mississippi Street and Osborne &oad is to maintain the four lane striping and proceed with properly designating the sidewalks as bikeways with apgropriate ramp construction, widening of sidewalks where space is available ia the boulevards and signing and striping for use by both bicyclists and pedestrians. With bicyclists of£ the stxeet, a safe bikeway system crill be achieved.° 1+Js, Modig atated that she would 13ke to have some type of time schedule as to when the sidewalks wwld be used as bikeways. iIPON A VOICH VOTE, ALL VOTING AYB, CHAIRPERSON OQUIST DBCLARED THE MOTION GA�&2ED ItNANIM0U5LY. Mr. Aquist stated he would like to suspend the rules and change the agex►da to put discussion on the MnD(7P Plan before the review of the F�Fnposed Changes of the 2oning Ordinaace. CO2R4UNITY DEVELOPMENT COI�Il�fISSION MEETING, OCT�ER 11, 1978 - PAGB 3 I 2. Mr..Chrteteasen stated that the Enviro�ental Quality Gomnisaion had gone through'the document extensively and had come to same conclusions, Their major conaerns were the Northtown/Crosstown (the staging of that facility and-Che implementing), the changing status of Janes Field Anoka County Airpor[ from a minor airport to an intermediate airport. t�r. Chriatensen stated there was a conflict of termiaology between Metropolitan Council and MnDOT. MnDOT considered the Anoka County Airport presently an intexmediate airport and that it would be upgraded to a key systems tacility. WhaC MnDO'P called an intermediate, Metropolitan Council called a miaor, and whaE MnDOT called a key systems, Metropolitan Council called an intermediate. It was kind of confusing. They should use the same terminology. Ms. Modig stated the Plan talked ahout a lot of money to be spent in developing highways in our area, but the Plan dfd not give a great deal of infarmation regard..ng noise control and how they were going to deal with iC. � �, Christensen gtaCed xhat, regarding the NorthtowniCrosstown, the Bnuirornnental Quality Commission was inquiring abouC the statement on page B-112: "Includes new location TH 169." They. were also concerned thaC it did aot refer to the Northtown Corridor, just the Northtown) Croaetown, possibly referring to just a major'river esossing. 1�ls. Modig asked if Anoka County and Fridley would be getCing their tair share of the monies. Mr. Christensen stated that one problem with the Plan was that 3t was a stste-wide plan and Region 11, which took in the whole metropolitan area, was getting its fair share when you looked at the overall state. Bia personal comment was that these studies ahould have been dane on a regional basis, rather than state-�.*ide. ' � � ,. . �, . Mr.Christensen stated that the.Eaviromnental Quality Co�ission's and the Coam�unity Development Com�ission's co�ents would be brought before the State at the public hearing on this documeat for Region 11 on t�ovember 9th at the Hennepin Gwernment Center. Ms. Malfg etated that vhoever represented the Commiseiou at the public hearing should be sure that the city was adequately represented and to get the city's fair share of what it should be getting. Kr. Oquist stated that the Com�isaion was concerned about the bikeway aituation. There were ao dollars in the Plan for Chat at all. He did not know ff that was because they were eupposedly developed in their CO1�Ai[1NITY DL+4ELOPMBNT 80NAfISSION MEETING UCTOBSB 11 1978 - PAGE 4 bikeway syatem or ff these were to cover what was called Regional Trails that tied the different coomunities together. The Cocc�ission wonld like to make sure that Fridley had what was coming in that area. The Comm�:saian was concerned about the Northtowu Corridor, that iC was adeQuaLely constructed to xelieve the traffic on 694 at the river, and that it noC be just a crossover at the river, but be an actual artery `Cpfttg,into 94. The C6mmission was concerned about the Burlington- Nor[hem Railroad Bridge over 694 in that the bridge would ha've to be videned before the 694 widening could take effeet,and how MnDtYF would deal vith noise abatement generated by the xailroad. Ms. Modig stated it was her understanding that in the originaY plan, thexe was no funding fo; barriers far a part of the Innsbruck area when the baxriers went up as that area was undeveloped. Innsbruck was now developed and 694 generated a lot of noiae. In the future, MnDOT ahould conaider noise abatement measures alon� the innabruck segment of 694. -._._ - --- � . _ ._ ---- __._ Mr.._.Christensea stated that in regard to the bikevays, he believed what had happened was that the Great River Road Project was originally laid out.to run up Bast &iver Road. That had been changed so'that the State Bikeway Trail would be going up 169 or Lyndale on�Che weat side of the river and crossing over at Coon xapids Dam. MOTiON by Connie Modig, seconded by A1 Gabel, to forward the concems discuased to Mr. Clyde Moravetz. Upon a voice vote, all voting aye, Chairperson Oquist declared the motion carried unanimously. 3: IATtTIAL REVIEW OF PROPOSED CHANGHS IN CHAPTER 205 ZQ1�lIHG ORDINANCE: MOTION by A1 Gabel, seconded by Renneth yos, to receiva the "Proposed Changes in Chapter 205, Zoning". Upon a vuice vote, all voting aye, Chairper�on Oquist declared the motion carried unanimously. Mr. Christensen stated that easentially the document was oriented for camnunities that were developed. It was a reorganization of the 1973 documeat and it put things into a better perspective for those who had questions regarding apecfal pexmits, variances, etc. It was a more workable document. He thought Mr. Boardman had done a good job in organizing it. The Coumissioners concurred with the £ollowing reco�ended changes: 205.02 Goals Page 1, #3. "To pramote sound land management and orderly devetop- �eat and/or redevelopment of the co�unity.!' COA9�YiNITY DEVELOPMENT COl�II+JISSION MEETIHG �CCOBER 11 1978 - PAGS 5 Page 2, #1Q: ,"To maintain the City's imaga." 205.03 Definitiona $age 2, #3, ARTERIAL'STBEETS. (Delete "thoroughfare plan" and insert "Transporation Plan".) Page 2, #4, 1�BDTOR VEHICLE MA.70R REPAIR. (The Commission members expressed concern that possibly there should also be a definition for "Minor Repair".) Page 1, �5, AUTOMOBILE S&RVICE STATIOI�I: "A place cvhere gasoline and other essential services related.to the operation of motor vehicles are retailed directly to the public on premises, including minor servicing and repair, but not including moCOr vehicle major repair. (Delete end of sentence on top of page 3.) Page 3, #10, SUILDIIPG. (Definition should be underliaed as it was a change from the 1973 document. Commission also expressed concern that tde defiuition should include walls.) Page 3, #13, CELLAR. (The Commission was concerned about the need for definitions for both "Cellar" and "Basement". What was the aignificance of neediag two definitions?) Yage 4, #14, CHA23Nl3L: "The Natural or artificial depression of perceptible extenC, with definite beds and banks to confine and conduct water, either continuously or periodically." Page 4, #15, C}i[JRCt1. (The Co�ission was conceraed about the statement, "together with its accessory buildings and usea". Why did that statement need to be included2) Page 4, #16, COLLECTOR STRHET. (Delete ^thoroughfare plan" and iasert '"transportation Plan". Co�nissian recommended that all atreet definitions be liated together, such as "Street, Collector".) Fage 4, #19 CORNER I.�. (Change to "LOT, CORNER" and iasert after '7,0'�" on page 7 . ) Page 4, $24, DOUBLE FRONPAGE LOT: "A lot which has opposite lot lines oa [wo non-intersecting streets. Both street lines shall be considered as front yard areas." (Ehaage to '7,ot, Dou61e Fr mtage" and insert after "Lot Depth" on page T.) Page 5, �26, DWELLING, LIMITED (deleCe MOTiISR-IN-LAW APARTMENf): "A separate dwelling unit c�pletely contained within a one-£amily structure with an occupancy limited to persona.related by blood or marriage within one generation of the pr3ncipal occupant of a one-family dwelling." CO�k1ITY DEVELOPMENT C(1f�AtISSION MEETING, OCTQBE& 11, 1978_ - PAGE 6 Page 5, #31, BAl�ffLY. (in Item B under "Familq" which stated: "A group of not more than 6 persons who need not be related:by blood." The Commisaioned wondered why the ntmber 6 was used.) FBge 5, �32, #33, #34, #35; and #36 ts�isert '"the" . ) (Delete the word "means" and Page.�, �33 and �36. (The Co�nission noted that the words, "regional flood".were used.twice. They felt "F1ood, Regional" should be defined.j Page 6, #39, GARAGE� REPAIR: "Place or major repair oi motor °.` vehicles or eq`ipment under 2 ton capacfCy.° Page 6, #40, GARAGE, HEAVY DUTY REPAIR. Page 6, 442, HOAffi OCCUPATTON. (The Co�nission questioned why teaching was siagled out as a restriction in the last senCence.) Page 6, #44, RENNBL,PRIVATIi: "Any lot nr premises on which three (3) or more dogs and/or cats at least four (4) months of age are kept." Page 7, �46, LIVING AREA: "Area of a building designed to be used for living purposes, such,as bedrooms, dining room, living room, which are used for family gurposes, as distinguished £rom any garage or other type accessory space." Yage 6, 80SPITAL OR SANITARIDM and HdfEL (old �29 and #30). (The Go�ission questioued why these two definitions were deleted as they.were referred to elsewheYe ia the Zoning Ordinance.) Yage 7, LABORATORY (o1d #32). (The Commissioa questioned why this definition was deleted.) F�ge 7, #48, LOCAL STREETS. (Shauld be listed.under "Streets, Local". Aiso, the words, "thoroughfare plan" should be deleted and "Trana- gortation Plan° shauld be inserted.) Yage 7, #49, LOT. (The words "dedicated or pxivaCe" should be deleted from the last senCence, unless it was necessary for them to be defined. Mt. Oquist questioned the need for sub-headings A, B, and C. A lot was being defined, not a combination of lots.) Page 7, #51, LOT FR(1iVTAGfi. (The Comemission qnestianed why the last sentence was addedc "If the dimensions of a corner lot are within 1Ux of being equal, the ower may select either street lot line as the front lot line,") Page 8, �53, MOBILE EiOME PARK: "An approved area for the parking of occupied mobile homes."-("Trailer park" and °trailera" were deleted.) �, . C�4fUNITY DEVEi.OPt+�NT COMAIISSIdN MEETING OCTOBER 11 1978 - PAGE 7 Page 8, MOTEL (o1d �53). (The Commis�ion ques€ioned why the definitiom of "Motel" was deleted.) - Page 8, #55, NURSING HOME: "A state Licensed facility used to provide care for the aged and infirmed, persons who require nursing caze and related aervices in accordance with these regulations, but noE including facilities for the treatment of sickness, injuries, or surgical care.!' Page 8, #56, OBST of the aentence.) Page 8, �`56, PARKLNG STALL. third line.) (Delete the word "means" at the beginning (Delete the word "standard" in the Page 8, �58, PROFfLE., (This should be deleted as it was not a definition.) . Page 8, #59, PUBLIC 1MPROVEMENT: "Any facility for which the City or other governmenCal agency may ultimately asaume the responsibility for construction, operation, and maintenance." Page 8, �60, REGULATORY FLOOD PROTECTION ELEVATIOH. (Delete the words, "100 year flood". "Regional 100 Year Flood" should be defined aeparately,) � Page 9, #61, STORY. (The last sentence.should be deleted: "A base- ment is a story for the purposes of height regulations if one half (1/2) or more of the basement's height is above the average level of the adjoiniag ground.") Page 9, #62, STREET. (Should be redefined as the present definition was not clear.) . Page 9, STBUCTURAL ALTERATION (old #50). (The Coumission questioned why this had been deleted aa it would be used in Special Districts.) Psge 9, #64, TOWNHOUSES: "Structurea housing three or more dwelling units continuous to each other, only by the sharing of one comnon vall. No s4ngle structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances." (The Commission questioned whether the second sentence should be part of the ordinance, rather than part of a definiCfon.) Page 9, #58, WALKWAY OR SIDEWALK: "A des3�nated surface for gedestrian use.." • (Ms. Modig stated that if walkways were defined, why wasn't bikeways definedY) COt�II�fUNITY DEVEI.OPP�NT COMMISSION MEETINGy QCTOBER 11,. 1978 - PAGB 8 Page 9, #69, FIATERWAY. (Delete "man-made" and insez[ "artificial" ia the first line.) MOTI{1TI by Kenneth Vos, seconded by A1 Gabel, to adjourn the meeting.. Upon`a voice vote, all voting aye, Chairperson Oquist declared the October 11, 1978, Commvnity Development Commission meeting adjourned at 10:55 p.m. Res ectfully su itted, IiX.E Ly e Saba Recording Secretary I. � �- 6 _ . ._. . _.:. -.. — _ _. �� .�� %S ��r,�-,�<.G`..C.v..Y6 ,. �� vs: .��_._ _; '_.�. �_. . j(1-�f _7a _ . - _: �� z��..� � �,� � y�� _ .__�._ ... . . .��/ • -�.' C�+ , iii.�... 4 .-_"_�� .._.G�r� Q Y � I _ _ _� f��?_ ��zc�.�c.n� _,� ..� . �n�r c��,,,� a,, ..� _ _ _ -__ . _ _ �. �iy,�,�c.o-r►�-,, L<..1. _ . ' ... .. - --,-,-p.._ . ___ ------ _. __-------- -- --- _�c� .. �cu �..� .r.� n.-{�t . tc,�.t�� ..�.c� _.._.__ -� 67a;w� Cit�.c;�1�'.¢.c=c/ Gr �c.� ��a tiyv�.-4�..r..-��.1 _.. _ . c..�►��n� .�Ciiar�r>..� �<'�.-� �,,,,�?� �� _. %�►w,•n.�..,-� 4�G�.0 � ir„ �f �c Pi..f �j c� – -- - . _ �.,.� �.� z�-� .� �`� � °. ��y ._ - �� . .._ _ . _ _ .. _ _ __. _ . . -- . _. _c�ca ._e_�4�-� � �c�.� �C�- -� ��,�.-�,,�.�` _ -- --C..��, ;wt-� �t �,�,�, .,Y�l ..�.� .�.�,�.1.�.� . _ �_'�� GC'i'�..�,a.a....v� Gvd.�.��L �-c-�t-�_ . -- -- . �. GG �1-i� . .X+ . -!� . ►�-+-. -- Zi%i�J _,/`-f.✓/ �Li.�.i,vT_ _. . . 0'� � �.-I ('lvr7�+.�,2.�-.'Y'� �G�it. G-f�i��-� !77 �l � (i / ,�.,., : I '�� L� �i,t� � / Gw2 t-�c� � G�-�S . .�.e� c� I %-i. Gi _.�-'�� /T-C' • ^ � <t-cr G1..- C� �}-�� - � O � �y✓G ..ilZ'�`►'� C�Ccn� 1%"� .�l y � � - > 9st,�4 c.;ir�,.� �z.�,�. c!� . . 7� L�'� �=rn+�n. _ . C�, °C -�! �c.�� -c�j /��CfrY . . . .�� i �� a�.a. � �'Gc� � � . _ '__.,_. • _.. .l�.. ._._ _. c�_ .. . ., _ C�.,.. r° � .��„r� . ... .,. _ . . . . < ��r.�.. _. . __ . . -! ; ... � � , CITY OF F'RIDL�Y + ; r . • � i�: � . ; :,- : CAI.L TO ORDER: Ciiaia�mat��tria QaYlad th� Octobsr 25� 1978, Plannias Caam�iesioa mptinQ to ora.r :� 7:35 P.x. ROLL CALL: Membsre Pr�soat: N�d 3Corls� Leitoy �quist� Riciurd Harris� Robert Petersan� Virgiuia Sehnab�l, Jim I,4nga�t'eld MRmbsra Abs�at: I3one Oth�ra Pre��st: Jerry Boardnan, City Plana�r (arrlr�d at 8:15 P.M.) �,. APPROVS PLANAIING COI�dI3SI0H MINUPES: oCTOSTsR 4, 1978: MOTIO�i by Mr.Lan�enfeld, seconded by Mr. Oquist to ayprove ths October 4, 197'8� na n� Coemieaiaa misutes ae �rritten. [JPON A VOICE VOTE� ALL VOTIHG AYE� CHAIRMAN HAIiRIS DE�CLART�R1 THE MOTION CARRIED U�A�IM(�UBLY. 2, P�LIC H�ARI�G: CONSIDIItATION OF A SPSCTAL U6& PIIiMIT, SP �78-12� BY A{iADb{11A �. �CVl{L1i Cfi' C1'1Ytt� vLV� VWQ� ✓sYYaVY 6vJ�a/11 Jl �1 wuow the coastruetiot� ar . s.�+ awlling sn cl'Kx-a zo,.snQ (rlooa plasa>, locatad a4 Lota 25 aad 26, Blcek T� RivQrairw HeiQhts� th� sAme boiag 695 Fairmo�t Stroet N.&. p. Pnblic Htarin� a� tvo variaaces approvad by Appe�la Cao�isaiw oa October 10, 197$, sr�ieh �►er� soL i�aclndwd in the aptioe s�st -to all afttcted property oamucs � the ori�l.nal variaaae reqaust: Raduco ainim�a agvare foota�e of the gross flcor ar�a 2'r� the r�quir�d 768 oq,vare feat to 720 aquara Pe�t, aid the o�tback Sr� the bfisslasippl R1ver C�ridor be r�ducad froan 100 f�et to 80 PseL. (pa�es 3 t� 8 in Appeals Cc�iesicm misutee). t�'ION br Mr. Lan��afeld� s�cenied by Mr. Sterla te opra th� public hearins. UPON A VOIGE VQ1�� ALL YOTSATG AYE� CHAIRMAN HARRIS D$CLAR� THi Pt1BLIC HEARING OPEN AT 7s37 P.M. Ciairnwa Harrie asked the petitiaa�er to step YerKazd� and exp7.aia what she inteadaEi to do. Ms. Reborta 3poha, 3520 James Avenue No. caaoQ forWaxd and stated that ahe vc�ul.d liko t� b�aild a houee for harselP to live ia aud submitted the bluepriats to the Cc�emi.asioaers . Mr. I�rris asked if the elevation of ths basemeat floor srould be abave fl�od l�vel. Ma. Spa�n etstod that cht ws told ahe w�uld havs t0 FAim� tbe laad 4 is8t aad could nob hav� a bawmesS• . FS,AtiNING COlO�I3BIOH �'PING, OC3CffiFR �, 1978 PAGE 2 Abr. Lan�eafald aek�ci Ma. Spohm how loag ehe had ovaQd the propsrty and if when ahe purel+ased the proparty there was ae�y iadicatioa in the egreement that the prop@rty tras loaattd ia thi� kind oi area. Ma. Spo� stnt�l �he haa Pur¢hasd thm propertY ��Ki' 3�, 1978 and was told tha� the proporty wae lxatod ia the flcod plain! but that it wae a bftildable lo'C� aad tmat rae w�r she purchaeoci it. Mr. Ptt�racn aakQCl �rho told ks. Spohn iL rns a buildable 1crC. Ms. Spoha atatad that she weat throv�h Capri Reality� and Century 21 had 1t Lte4�8� aad it wae writtea on ths vrhite sheet tlut 1t vae a buildable 1ot. Mr. ya�,g�aisid ea1c� ke. Spohn i! she had talkati with t9r. Choster Scha�. The App�als Camomiasian Miautee of October 10, 1978 isdicated that Mr. SchaGs lu�d problems. Mr, Fraolc SpoLa� Me. Spoha'a father came furWard aad etattd that he had atteaaded tM� Ap�eale Ce�iceion hearing, sad thet Mr. Sehaak wae thare. tM. SpoMn etated that Mr. Sehaok livee one blxk north of Ms. Spoha's groperty� and Mr. Schack did sot objact to asyone buildiag there� ho a+ly rrants8 ths property rnmer to be rxart ot the fact that rain came 8o�m throvah 'Ehe ysr�s oi esisting haa�ee be#ireen Glsaco� snd Foirmont. Mr. 3chack'e afldrese ie 685 Glencoe. Mr. Lan�tnf�ld at�ttad that he was cencerned tY,wt lda. 3pohn be a�re of th� potentiAl d�sre that eould exist. 1�. Spoha stat� that Ms. SpcBn vrs r�quir�el to adi iill aed this vould raise h�r lot above htr n�ighbors, aad Mr. 9pohn felt the noighbore Would be concernad about thie. Ma. ScLnnb�l at�ted that a lwGter fram stwPf indicat�d tl�t the aetback was 85 feet Snsteacl of tYu 100 feot requir�ci. Mr. Harrie state8 thnt the variiwce for tmis setbaak:.�eaa recc�emded for �pgrx�Ai by the Appeals Ca�iaeion. Nr. H�rrie stat�d t�t t�� S�iecial Uee Parmit ie re- quired te bmild a kouse in thia ar�a. Ma. S�ol►� atwt�d tia�t aha ww�id lik• to �xtind t2u hrnue ancrther 3 feet becauae hsr livia� roem would be too asrrow we it ie. Eh�. �larrie statQd that Qh� ecn�ld do this aa lon�, as th� houae fit ia u�er the vnriasceA that have beu� recammsad�d.for approval. Ma. Bch�,q'hol atat�d that ahe xould bave to be 35 fs�t back irom the lot lia�, a�d wanld aleo bwve to m�et Lhe r�ar yaxd astback. Ns. Sehnabel se�ggeeted Lha� Ms. $poi�a haw pny alteratiuns checkad by SEaff. Ms. Schnabel stRtad Ma. 3poba wculd la�t�e to sieet w 35 fart set'6aek frae� Riverriaw aa�iL also a 17 1�2 foot estback trom Fafz�aoat. Mr. Harrla iiaforme8 Ms. 9pohn that if aHanges ++�r� nade� the pla�s vo�7.8 have to be ciamgei b�fore ahe applied for a Buildisg Permit. Pr.u�xxr�c eo�ss=ox �r�, oe�mesK 25, i9'T8 Pacr 3 M�. Harria aak�d Me. Sj�ohn iY ehe Wae axare of the r.quirmeats o! the ilood plaia aras� as iar as �levation ot the hoaae �nd ths spscial trtatmeats t}utit uuet be atde in th� foundatiaoi aad so fcrrth. Ms. Spo}u stRt� thnt sh� srse �old th. lat maet b� raised b feet aad ah� coul8 h4ve ao bssem�mt, aad if tffiars were speci�l tzv�ts�nte requirad ahe would contaet St;tf. Mr. FGrria infmaiad Ms. 8pohn that 15 fest av�y iram t1u h�use� the grm�d hae to be eloped awqy fram the hoase to 'tAlce aare of druiiaaQ�� ao that aater r�ms a�r�y frcmi tlu hcuae. Ms. 3ci�bel aok�d Ms. Spobn if elu had talksd ta Staff regarAing flood plaia !lQ1i�P�MII'�'ii. M8. Spol� ata'BYd Ch! htd tYlkeO to Da2'rel.-Clark, the Building 7nspector. Mr. Robsrt Sluea� 675 Frirm�at Street a.S.� c� forward u� statsd he-33ve� beh3ad lta. SPo�� s PropertY� uad that there is A lot bettr�ea his lot a�l 1l�. 8polan' e la'!. Elr. 51uss atat�d tmat he iiad a draia field inetallad laet s�r aud it ran con- atant]y. Mr. 81ues etrtei that if Ma. Spoha's l.t ras raired 4 Ytet and tffi� run- off divertad.� it w�ld iscrsssa Lis water probl�. 1[r. 31�as would like the water drain�d in a SifiPereat diroctioa� mgybe iato the atreet. Mr. Harrig atated that Me. Spel�a xenld hare to amba�i.t a draln�e plaa, end the drai.a�e should ba Qirected tovard th� atraet. Mr: Harris atated that the elevat3en of the gara�e etructuiw mRy alao have to be raiaeci� aad tha draiwige would bs direated to Fairmaa�t Stre.t. Mr. Slusa atated this should taka care of hie problem. Mr. Kie WaLl, 8065 Rivervimvr Terrace� epms for►iarS and stated that Fsirmont camee dorm at tuch an inclime� that iP there vas a haavy rain, and the r�ster bu118s up� that drain cansot handle iti a� the strest fills �rith rrat�r and then drains iato ea �ty lot. The peraon vho owns the lot just gqys taxes and won't build on that lot bacanse it 1s too sme�ll. Mr. Wa11 wea coacerned that if Ms. Spohn's property rosa built up, Wail.d the water run into his driveWay. Mr. Hall elso stated that if Ms. Spoha'a lot is rsised �+ feet and iP it was gra8ed with a 15 feet iacline aw�y fram th� houam� ths Water would runteast, whieh ia a decline ;oing the other we�g� and sll that viater will go back again, aad there wae water sittiag on Ms. 3pohn's lot this spring� bscausa the dreins canmot hiw8lo the water. Mr. Aarris eaked where the catch besins �rere located. Mr. Hal.l stated there are lxated neer her-east lot 1iae, and another a little south aeross the street on Fairmont. Mr. Ball stated that Lis lot 13ne rune apprmcimate7y 12 inchea from his garage, and xau].d like to kacw wlaat the minimvm distance�was betTreen his line aad the house or garego Ms. SpoLn would put on her lot. Mr. Barria atatad that the minim� Sras 10 feei and hsr homse wot�ld be 18 1�2 feet fram his lcrt line� with the gerage a little cloaer. �� 1 1 A ' � 1�' 1^' • � • �V" � : Mr. Hall sskad thRt if the drivewqy xas o�f Fairmont� would they bnild up the incll�e on Fairmon'E. Nr. Harris etated ti�at th�y wou].d probably bu11d up �ha is�cline of the drivewey to the garege, bscauee Lhie gare�e srould have to be e,bove the flaod plain level. Mr. Harr3s reiteratad th�t thsre showld be a draiaqge plsa. Mr, Lepaard SYioha ewme foraard a� aeked if Rivsrvierr Terrace ves a gex�manent street as it eite, beeause he had nabiced khqt ther, are ao curbs� ao draina�e ao catch baeiga, and it was higher than Fairsaalt. Mr. Harrie explained that Riverview Terrace ?�as a_-raiaed-roadway} mot=.a_dtke� and was,eonsidered a permaaent street. Mr. Aall asked iY that strett irill remain ae it is� because iP it was 3 feet lowr, it *�rc�u].g cause dr�inage problms. Mr. HArris statsd tlut to the beet of the Cc�sissloa'e knovladge, the roadwqy votil.d remala as it was. lde. 3ckmabel atatad that the aurvey i�icatad that the hi.gh srater record of the City is 822.90 and the etr�i elevations ehwa here vary fram 820 to 822, which ia in keeping vrith the high wptar msrk, aad it would be advas�tageuus to raise the houae �� smder the cir¢umstances. I�4iTI0N by Afr. Langeaield, seoonded by Mr. Petmrsmn to clese the public hearing. UPOF A VOIC& VOTS� ALL VOTII�F AYE� CHAIRMAN HARRI$ I�CLAAfiD THE PUBLIC AEARING CIAS�BD AT . 8:10 P. M. Mr, I.wr�g�p�tald statad he would like clarificatios of the item on page 4 of the Appeals Camieaion misiiutea iadicating that no permits ha8 beoa graarted to b„+�� a di►eLliag ia the flood plai�a areae ia the lset five yeara. t4. Harria rt,ated tioet ia CRP-1 ve coulda't but in CRP-2 �re could allow a strueture� snd tha}r hitve wl].awed th1a. Mr. Harris stated that,there was oae just recent]y. L1r. I�afeld �tated that the petitioner should be a�rare of tho petentisl pr�bleme, qtixi 1! the Sp�cial Ust Prr�oi.t vae grantad, a�pr probleas weuld be vith the petiti�ar;, and not the City. AlDTIOH by Nr. Petereoa, etea��d by 1ls. 3ci�a�tb�l to rtc�ea�end to Coumoil approval 1�P�CIAL U5[s PSRMZT �'j8-12� by Roberta M. Spoha� per F�idley City Code� 5ectioa �5•157, 5� D, to allo�+ the cconstructio�a of s asa dvelling in CPR-2 Zoning (flood piaia), loeated oa Lots 25 and 26, Block T, Riwrvie�r Heights, the same b�iag 695 F�irmmt £ktreet. N.i�. *rith the s�Cipnlatlon th�t a drainags plan be aubmitted at tku same time the revised house pliws sro eubsitted. Mr. Ha�rria aeke8 Mr. Boaxdsui if there rras a problem with Stsff 3a granting the 3y�cial Uae P�rmit. Mr. Botrd�an stat.d that Statf hed ao probl�m vrith ths Speeial Use Permit. ` �i�ANHIi�i CObAiLS$ION I�F,Ti�G, AC'i'OBER 25, 19T8 PAGE 5 t�r. Lsn��!'eki ete�t�d tl+ah he vould liYe to etraes the fact tl+st the drdia�ge probl�p should be thrcroghly studied ao tture wauld nat be e re-accurrence oP problema in that srea� ae has lu�pp�neel in othar areas. UPOS A VOICS VOTEy ALL VOT719G AYE, CAATRMAN AARRIS D$CLA�ED THE I�DTION CARR7�D pPiAlVIMOU&GY. 3. �� nPP�rs corn�ussiox �xvrES: ocros� 10, 1978: MOTI�A by Ms. Schn�bel� seconded by Mr. Langesfeld to receive the October 10, 1978, pA gea�s Cc�nioaion minutea. Mr. Laages�isld atatod that he had aoticed that sevoral motions regarding the Special Use Permit had diad for lack of a aeaond. Ma. 8chnabel etato8 that she thought that perhgips the Boerd Yelt it *+as omt of their j�trisdicticoz to mske eu3y reccm�endaticns wn whsther or not the Special Use Permit eh�uld bt �asa�i. UPON A VOICS vaPE� ALL VOTING AYE� CHAIRMAIi HAIiRIS D&CLAit� THE M0�l,'IOfl CARRIED UAANIMOUSI.Y. �. COHTINt7ED: ADDITI�HAL APPQINTMENP TO EN6EiGY G0191ISSIOti: � .. ,.... D1qTI0N by Mr. Las�emfQld, secoadad by Ma. Sci�nabel te rac�ive the letter irom Dota ba r�ariin,Q tiu Eaor�y Projact Ccwm�itte�. Mr. IInrria statsd that tiic letter rras receival r�ther ].wt�. I�. Boardaau atat�d tbat th�q rec�ived it late� url sinc• the Cc�itt.e tudn't met yQt, 3tatf had submitt�el it tor the Comm�iasiaas's review. Mr. Boaxdman had isiosaod Mr. S�ba that t}as first mietin,` vo�la be Nuvember l. UPOH A V�ICS VO�E� ALL VOTING AYE, CHAIRMAN HARRIS DECLAR� TAE LIOTION CARRIPD i1NA&IMOtlSLY. MQTIQA by Atr. Peterscn, sQewded by Mr. I,�sg�nYtld to appoiat Daan Sabx to ths �aer�y ProjRet Ca�eit�ee. Mr. Ir�enfsld stated it wculd be q goed 18�� to appoiat Mr. Saba, because of t�e poasibility of a drop-out pri�cesa. UPOA A VOICS VOTS� ALL VOTING AYE, CHAIItMAN HARRTB DBCi�ARBD THE MOTTON CARRIED UNAIIIMOi13LY. Elr. Fs�t�x's�n notsd that tht �g�ada referrwl to tl� Brur�,y Proj.ct Ca�mmltte� as "Energy C�i.seioa" aad it ehould be "&nargy Project Committme". Mr. Harris aLAted that he had besa to thQ Coumcil t�eeeting and ask�i for admia- iatr�tiw help� whlch waa Qivw. bfc. B�arlma�a atatad that Iyna Saba would be tht cecr�t4ry for tha ESaerQy Project Ct�maittw. PLANNING COI�L4SION 1�STING; OCTOBBR 25, 1978 - PAGT 6 Mr. Harris atatefl that tka roqwst to the City Conacil srac primari]y for aecretarial holp� aad infox�d the Cowecil that th�s C�itt�e wouli �et baCk to th� for Adminiatrstive iwlp. Mr. Harri� aakod Mr. Bo�relman to arra�tge for a st�tf percon at tbe first m��in�i to help Qet orQanizad. Mr. Bo�xdm�a atatod h� vou18 attwd. 5. COr�r�: �toPOSBn caAxc�s To Cxa�.� 205. zox�: DOTION by bJs. 3chaabel� aec�Qd by Mr. Oquist to dqtimwe the proFosed cha�e� o c pt�r 205. zoning. 1ir. L�agenftld stated he had noticed ce�tain iteme wer� d�l�t�d� and asked if tbeae itaie vere add�d into aaother soctitm af th� ordinance. Mr. Boardmaa stated t2ut ia somoe caees iteme v»re d�let�d aad add�d tlaetriere� and im oth�r ca�sa they4wra d�lstad altoQethsr. UPON A VOICE VO'IB, ALL VOTING AYS� CHAIRMAft HAARIS I�CLARED THE MOTION CARRIID UNAPIIMOUSLY. _. 6. COPR'INUID: I�NIURAI�ID[Ad OF AGR�MENi'; Mr. �tor].a statad tksat he felt the proQre�e oon the M�morana� of A�reQment was Qood aad the pr�ceee itaolf *aas �ood. The H�mwu RQSOUrces Ca�i.asioa would b� ravlfwin� it again for consiateary ot termittol�y. !(ti'1'IUAi by I�r. 3torla� soecmded b7 Ms. Sci�nabel to contiaue the Memor�ndum �f AiTtewat • UPOB A VOIC& Vt7lTs� ALL VOTINa AYE� CSAIl?MAN HARRIS DBCI,ARPsD TH� t�TION CARRIID UNA1PI11Dj�LY. 7. R�IVB Hf�1Alf RESOikiCSB COAlhII8sI0P1 M[N[Tt7i3: aCT(�&R 5, 19'78: MD7'ION by Mr. Storla, saco�l�d by Nr. Oq,uiat to rec�ivo ths OctobQr 5, 1978 F�iawaa RRar�rcQS Co�iaeion misutts. 1�k. I.qa�eafeld stated thqt tha H�aa ResourceB Co�niaeioa had co� up w3th the x�leo of preaad�res t�ey varo lc�lciag Por. Mr. Star�la not�d t?�t the MrmorRndum of l�raement waa ¢ov�ral on Pa8�8 3, �, � 5 oP the miautes. Theoe paigee deal with the "rul�a of procedu�rQ" as�d Mr. Storls ftlt aurs that thie wae what Was requeetocl of the Co�iseion.. Me. 3cinabel statod that ehe folt the handling of eampl�tiats vas cpv�rod in quite q bit of �stail, Khich wae a stsp forward fram the ori�i.nal. proposa].. Mr. I.angenfold etat�d that he wAS in full agraemsnt with Mr. Dobscn's statemsnt r4garding .ither � conciliation er formal ehargss, PLANNING GOt�Q�ffS3I0N MEETING, OC'P�ER 25, 1978 PAGB 7 Mr. Harris asked how the eituation wlth Wickea was coming. Mr. Lrng,nfsld atated that thtre Was a statemant in the minutea that the individual wag unompleyQd� an� Wo�ldn't that be gro�mds t� dsx�+ credit. Mr. Storla stated that ha thought employment sr�a Ytir grouads becAUSe it �s aat liatad as vnfair grcnmdA. The individual P�lt she vae being discriminatQd agaieet becausf sh� vas a vawon� aad Wiekee sta'ted they rsfua�d hfr cradit because shc was ua�mplcyed. Mr. Petsraen etat�d th�t the minutee stated that Wickae policy was that anyone vh� w�s over 21 and emplaysl Wps eligible £or credit� �nd obviously shc d1d not fit vithin their guidalines, so he eculdn�t see vhars thore wae dieerimination. Mr. Storla agresd lhat thare waen�t illegal diccrimination ae far as he emuld see. Mr. Peterson stated that the rrqy the minutes wn vrittsn, it aounded t� him that Wickes had diacriminatad. Mr. Storla dici not egree and stated that th� Human RasourceB Co�is�ion felt that problQme auch as th3a arias bseause of the l�ek of education of the publie and psvple nesd to be educated aa tp Wbet ia l�gal diecrlmination and what is illegal discrisiaaticn. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN IiARRIS D�LAF?SD THE MOTION CARRIED iINANIl�0i16I.Y . 8. R&CSIVS CO2@lUNITY D�VSLOPt�NT C�4�II'SSION MIN[fPRS: OC�BIIt 16, 1978: I+�TIOY� by Mr. Oquist, sec�iad by Mr. Pst�rs� t� r�coive Octobar 10, 1978, CMaunity Dev�lopmeat Co�+ission minutes. Mr. Oquist oti►ted thot the Coamunity Developneat Ca�issioa k�ad atartsel workiag oa tke Prmpmaed Chas�g�a to the 7wning Code aud had msde it through i�he D�finitioas. Atr. Oq,vist stated t}�t t�� Co�iesioners tr�ere a�rt prspared to diece�sa thie s�t their meotin� b�eausQ it mas i�livera0 to the hemes �+ith nc iastructicas as to what rras to'@� 80nt �rlth it. But they did make it thraagh tht 6efinitiona, and Mr. Oquist Yslt thsy had doae a good jvb. Me. Schnabel stated that ths Appeals Commi�sion had a ep�eial neetiag � Octmbor 2k, and r3.11 ]save qnother specisl meeting to diecnae the chsmger, and appreciate8 �ving th! C�ity DWtloptm�nt�Comiaeian minutts tv u�o as • avideline. Mr. Oquist noted that they 2�td dlaertssed MnDOT and had eoee of the s�au concerna ae Lhe Bnvironaental @uality Ccmoniesit�n. Mr. Laaigenfeld •eked Mr. BoarA�aan if s C�iseion me�b�r att�nds the MnDOT hsari�ag, raull the Ce�.i.asiaa�er bs reprsa�ntin� hia emmi�eien cr the City, and could a ca�lssisn s�nb�r attsnd the h�ariaQ as a ecraeieoion m�mber and etate their con- aerna, or muai they beca�e a"citizen" iastead. 0 PLANNING C01�4ft38I0N MEETING, QCTOBE32 25, 1978 PAGS 8 Idr. HoarH�rn statW ttut �c a amm�iasioa maaber, you vculd b� in effect repre- e�atina the City, b�¢aua• oamaissiosa are reprea�atative bodita of ths City Couneil, tbsr�for� �r stntqents you wculd moks or uoy pocitim you would take ehcruld be lwksd at by the City Cauncil. Mr. Oquist atatM. that on pa�� 4, the firat parwgrqph, thty were not ecueersed about nmiaQ Qanor4t�1 fran the railroad, but tram alon� the highway. Mr. Oguict atata8 that they are findia� t}�L the barri�r� ar� tins for tht people living el�ng the hight+qy, but �the neopl� n few bloake away find the noise is worse. Mr. Iau�enf�ld atated tiut ia r�gaxds to noia� abat�ment, th�re are statecand fed�xal reQwiations that sust be adh�red to rfieasrer hi�hhxgy conetructtoa takea place aueh as esrtain kinds of saterial far� amrS�cing� �tc., aad with thie par- ticular procedure an environwntal i�aat atateteat sight b� in ordsr. Mr. BwtrBaaa stated that it wcnld deYiaitely r�quire �n eavironmeatal impaet etatem�mt. Mr. Lan�anYeld statsd that ht had notieed 3n the minutes that Cc�nnie Modig ha� ezpreeeed concern regar�iag the walkxqy�bikewqy syatem, and askad Mr. Oquiet if hc falt hie Cca�ias3on i�ad b�en bypaeaed in thia particular inatance. Mr. Oquiat strted that they had made �t point ia tvo sets of minutee to briag th�tt c�ut and lud receiveai a letttr Yrom Mr: Diek �biech g#*ring reasons why it vas sot etrip�d, but did nat give reaeona wk�y they r�art aot inPormed while it vse ILppening. Mr. Oqui�t sta�ted th�t they hope8 they had made the point thqt bePore anything �rss done cn a bi&sv;y/wAllnray thsy would 11ke to be informed. Mr. Peterecn atsted that as chairman of the Parks and Reereations Cammisai.n� they ara also conceraed About the biksways and walkwqys� end would also like to be informed. Mr. Boardmsn atsted that thsy rer� still going along with their plsn to g�t them eff the stresti and they were budgetcd for curb-cu�a aext year and it xould be e yoar to • year aud a half bsPore they get the bikes off the street. UPON A VOICE VOR'E� ALL V4TING AYE, CAAIRMAN IiARRIS DSCLARID THE MOTION CARRIID UAANI2�I�LY. 9. RSCEIVB IPFORMATION KIT: T� 19�7PROP13LITAA COiJNCIL' S FAMII.Y HOU3ING PROGRAI[: tROTIO� by Mr. Zarigenleld� secondQd by Mr. Peterscm to rsceiv� the Information Kit: T t�t�politan Counci7.'e Famii�y HousinQ Program. Mr. Bc+Ardman stated that thie w�s just for ths Co�ission's iaformat3on� and that he kad �ivw this to the City Council and the City Couacil had turned down the gro- gram twicea ar+d he falt thic would explsin the progrwa more. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN HARRIS D$CLARED THE MOTION CARRIBD IJNANII�IOU3LY. � PLAHNING COt�JI33I0N MEE.TING, �crosgt a5, Y978 0- PAGE 9 10. OTHBR BUSINES9• A. Mr. Lafpnfeld stated t}a�,t • l�tter ct reeisnaSicm xas inclu�ied ia tka ag��a back, qnd his Cao.ission had mavad to r�e�ive th� letter, and was taAciag aatior to have the City Covncil replace Mr. S;bietiaa. B. Mr. Boaxdsan diatributed copies cf a booklet fraw N3P zvgar8lag city plannin� to the Coeoir�ioners iar the3r iaPor�aticun. C. Mr. Bwrdman atated it�r th� iaformation oP tht C�ouiseioaers, they did aubmit two applicrtioas Yor granta to the Metroyolitan Council, one was for �equisltic�n of a portion of Seare praperty and the other �,+as for a buildiag tor S�riyg Broek Nature Ceatsr. We ranked �2 on the 3prin� Brc�ok Nature Center buildiag, aad �5 oa the Sear� property sequieition. Both Pall vithin the fwnding limita� and they rould be makiag final applicaticn on both of thaee. They Also aubmitted an applic�tion for bomua block grant mcniee, one fvr $130,000 for aaquisitioa of aubrtas8ard unite, and anether for $120,00� for r�haba. The rehaba *re omt of the runniag, and acquiaiticn of aubetandard units m�y get partial fundiag. They fundafl 14 aad rre ranked #15, +� thsrs *rAe about �37,000 to $40�000 l�it aft�r tha Piret 14, so �» m�y get cme or tvo unite. D. Mr. Oquist a�ked Mr. Boari�an vho their nsrr at�fY m�mber would be. Mr. Boax+dsan stated it would prababl,y be Mr. Chuek g�,da. E. Dfr. Aarrie etatsd las had gon� to Ceuneil regsrding the Eaergy Project Cammitte�� and had gotten �pproval for el�rieal ti.me. F. Mr. Harris etated he hqd also discues�d tht Spteial Use Permit and they would bs settio� copies of thoee cae�s eo they caa raqd th�m� end it wae the attern�pl'e opiaiun they ahould aot real�y chss�s their policy �s their delib- �ratioa of S�acia]. Use Permits, wd eontiriue th, aay they have in the peat. G. Mr. Aarrie atated tlut he h�d diecuss�l the Sigm OrdiT�ace alsa. They fe7.t that regarding the vqrirac� proc�dure� there ehould be eame formula ragarding th� lr�e-stAnding, on-sit�� adv�rtiaing si�s� wcclwding billbwrds� to adjuet the aize of the signs ia relationahip to tlu size of the builAing� an8 the size of th� propertq. Mr. iiarris atataS that it they wtre going to do it, thay ehould do it as a policy thing, in guidslimee, not As an oxdinwnca change. Mr. Ftarrie stated thxt he thought the variomce presandure r+as a good vstiy to k�ep � haadlo on things. The Covncil rrwlel lik� a policy and guidelinQS ra. _ gaidieg this. Mr. Boardnan stattd that if they vere going to do that, they ahould make an orflinqnce change. P�h�. Harris atatad that mqybe th�y should hyive maximtm size of 80 Yoot in the ordinanee, but they can get a variance if they a�set certain criteria. Mr. Bosrdman stoted tYwt he do�en't like to get Awqy frarn the "hardahip" type cases that s�ppear be£ore the Appeals Commiasion. If you start s�tting exceptivns to the ordinance, the orSinance should be changed to inelude the exceptioas. PLAftNING C�DR�IIS3ION MEETII�',, OCTOBER 25, 1978 PAGE 10 Mr. Ltngsnitld aad Mr. Peteraon agreed vith Mr. Boprd�xn. Mr. Harrie sug�catad that they go h�e and think about it, az� they would talk abwt it agaia. MOTION by Mr. Petsreon� seconded by Mr. Oqu3et to adjourn the October 25, 1978, �'��ng Ca�issioa Meeting. UPON A VOICE VOTE� ALL VOTIAG AYE� CHAIRMAti AARRIS I�CLARED THE MEEPING ADJO[IIiNID aT.9s35 P.M. 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