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PL 10/25/1978 - 30499�. ' 3 5 ��°1 ► Y�_ �� �!` II �`� PLAI�NIlVG COrM2ISSI0N NIEETIIVG, OCTOBER 25, 19?8 CALL TO ORDER: Chairman Barris called the October 25, 1978, P].enning Coaanissio�n meetiag to order at 7:35 P.M. ROLL CALL: . w Membera Present: Ned Storla� LeRoy Oquist� Richard Barris� Robert Petersony Virginia Schnabel, Jim Langenfeld N�embers Absent: None Others Present: Jerry Boardman, City Planner (arrived at 8:15 P.M.) 1. APPROVE PLANNING CON�JISSION MINZPI'ES: OCTOBER 4, 1q78; MOTION by Mr.Langenfeld, seconded by Mr. Oquist to approve the October 4, 19?8' Planning Coa�missian minutes as written. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN HARRIS DECLARID THE MOTION CARRIED UNANIMOUSLY. 2. PUBZIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �8-12� BY � ROBERTA M. SPOHN: Per Fridley City Code� Section 205.157, 5� D� to al].ow the construction of a new dwelling in CPR-2 Zoning (flood plain)� located on Lots 25 and 26� Block T� Riverview Heights� the same being 695 Fairmont Street N.E. A. Public Hearing on two variances approved by Appeale Ca�mission on October 10, 1978� which were not included in the notice sent to all affected property owners on the original variance request: Reduce YG"�njT�'��TM square footago of the �ross floor �rea from the required 768 square Peet to 720 squar.e feet� and the setback from the Mississippi River Co:nridor be reduced frami 100 Yeet to 80 feet. (pages 3 to 8 in Appeals Co�mnissian minutes). MOTION by Mr. Langenfeld� seconded by Mr. Storla to open the public hearingo UPO1V A VOICE VOTE� ALL V�ING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC EEARING OPEN AT 7:37 P.M. � Chairman Harris. asked the petitioner to step �orward� and explain what she intended to do. Ms. Roberta Spohn, 3520 James Avenue No. came Yorward and stated tha�t she would like to build a house Por hersslf to live in and submitted the blueprints to the Co�issioners. � Mr. Iiarris asked if the elevation of the basement floor would be above flood level. Ms. Spohn stated that she �+as told she would have to rais� thie land � Peet and could not have a basement. � r PLANNING COI�Il�lIS3ION N�ETING, OCTOBER 25, 1978 - •PAGE 2 � e Mr. Langenfeld asked Ms. Spohn ho�r �ong she had owned the property and iY when ahe purchased the property there wae any indication in the agreeacent that the property was located in this kind of area. �"'` Ms. Spohn stated ahe had purchased the property on May 30, 1978 and was told � that the property was located in the Ylood. plain� but thet it Was a buildable �: lot� and that was w$y she purchased it. � Mr. Peterson asked who told Ms. Spohn it �ras a buildable lot. Ma. 3pohn stated that she went through Capri Reality� and Century 21 had it listed� end it was wri�ten on th$ white sheet that it was a buildable lot. Mr. Langenfeld asked Ms. Spohn if she had talked with Mr. Cheater Schack. The Appeals Caamnission Minutes of October 10� 1978 iadicated that Mr. Schack had problems. Mr. Frank Spohn, Ms. Spohn's father came forward and stated that he had attended - the Appeals Co�ission hearing, and that Mr. Schack was there. Mr. Spohn stated that Mr. Schack lives one block north of Nis. Spohn's property� and Mr. Schack did not object to anyone building there� he on�y wanted the property owner to be aware of the fact that rain came down through.the yards of existin� homes between Glencoe and �'airmont. Nr. Sciiack's address is 685 Glenc�. Mr. Langenfeld staiced that he was coacerned that Ms. Spohn be aware of the poteatial dan�ers that could exist. � Mr. 3pobn stated that Ms. Spohn �as requi.red to add fill and this would raise her ,� lot above her neighbore, and Mr. Spohn felt the neighbors would be concerned about this. Ma. Schnabel stated that a le�ter f`roon staff indicated that the setback wae 85 feet 3nstead of the l00 feet requir�d. Mr. Harris stated. that the variance for this setback was reco�ne�cled for approv�l - by iche Appeals Comm.i.ssion. Mr. Harris stated that the Special Use Permit is re- quired to build a house in this area. Ms. Spohn stated tiiat she would�like to extend the house another 3 feet because her living room would be too narrow as it is. Mr. Harris stated that she could do this as long as the house fit in uader the variances that have been recoa�ended.for spproval. � Ms. Bchnabel stated that she would have to be 35 �eet back framt the lot 3.ine, end Would also have to meet the rear yard setback. Ms. Schnabel suggested that Ms. Spohn have a�y alterations checked by Staff. Ms. Schnabel stated Ms. Spohn would have to a�eet a 35 foot setback fro� Riverview and also a 17 1�2 foot setback irom Fsirmant. Mr. Harris informed Ms. S�iohn that if changes were made� the plana would bave to be changed before she applied for a Building Permit. n � , PLANNING CONII�QS3ION N�ETING, O�TOBER 2�, 1978 - PAGE 3 1+�. Earris asked Ms. Spohn if ehe was a�are of the requirements of the flood plain area, as far as elevation of the house and the special treatmeats that must be msde in the foundation and so forth. M.�. Spohn stated that she was told the lot must b� raised �+ feet and she could have no basement, and if there were epecial treatments required she would coatact Staff . Mr. Harris informed Ms. Spohn that 15 feet awqy from the house, the grouad has 'to be sloped.away from the house to take care of drainage� so that �ater runs aw�y �rom the house. Me. Schnabel asked Ms. Spohn if she had talked to Sta�f regarding �lood plaia requirements. Ms. Spohn ststed she hsd 'tallied to DsrreL Clark, the Building 7nspector, Mr. Robert Sluss� 675 Fairmont Street N.F.� came forward and stated he lives beh3nd Ms. Spohn's property� and. that there is a lot between his lot and Ms. Spohn�s lot. Mr. Sluss stated. that he had a drain field i.nstalled last swrnaer aud it ran con- stantly. Mr. Sluss stated that if Ms. Spohn's lot was raiaed �4 feet and tlse run- off diverted, it would increase his water problem. A�r. Sluss would like the w�ter drained in a dif�erent direction� maybe into the street. Mr. Earris stated that Ms. Spohn would have to submit a dxainage plan, and the draina�e should be directed�taward the street. Mr. Harris stated that the elevation � of the garage structure may also have to be raised� and the drainage would be directed to Fairmont Street. NLr. Sluss stated this should take care of his problem. Mr. Kim Wall, 8065 Riverview Terrace' came forward and stated that Fairmont comes dawu at such an incline� that if there was a heavy r8in� and the water builds up� that drain cannot handle it, and the street fills with water and then drains into an empty lot. The person who owns the lot just pays taxes and won't build on that lot because it is too small. Mr. Wall was concerned that if Ms. Spohn's proper'ty was built up, would the water run into his driveway. Aqr. Eall slso stated tha� if Ms. Spohn's lot is raised 4 feet and 3f it was graded with a 15 feet incline awa�y from the house, the water would run�east, which is a decline going the other wa3�, and all that water will go back again, and there was water sitting on Mse Spohn's lot this sprxng, because the dra3ns cannot handle the water. Mr. Ha,rris asked where the catch basins were locatedo Mr. Ea].l stated there are located near her east lot line� and another a little south across the street on Fairmont. Mr. Aa].1 stated that his lot line runs approximatel,y 12 inches frami his garage� and would like to ]tnow what the min3mum distance was between his line and the i�ouse or gara�e Ms. S�ohn would put on her lot. � Mr. Earris stated that the minimum was 10 Peet and her house would be 18 1�2 Peet � frami his lot line� with the garage a little closer. 0 PLANNING COMM[S3I0�1 NIl�TING, OCTOBER 25, 1979 - PAGE 4 Mr. Aa]1 asked that if the drivew�}r was a�f Fai.rmont� �rwld tiiey build up the incline on� Fairinont. Mr. Harris stated that they would probably build up bhe incl3ne oP the driveway to the garage� because the g�rage would have to be above the f3.00d plain level. 1�. Harris reiterated tbat there should be a drainage plan. Mr. I,eonard S�ohn came forward and asked if Riverview Terrace w$s a perm�nent street as it sits, because he had noticed that there exe no curbs� no drainage no catch basins, and it was higher than Fairmont. Mr. Harris explained that R3.verview Terrace was a raised roaSW�y� not a dike� and was considered. a permanent street. Mr. Aall asked if that street will remain as it is� because iY it was 3 feet lower� it Would cause dra3nage problems. Mr. Aarris stated that to the best of �he Canm�ission'e knowled.ge, the roadway would remain as it was. Ms. Schnabel stated that the sin�vey indicated that the high water record of the City is 822.90 and the street elevations shown here vary from 820 ico 822� which is in keepin� with the hi�.h water mark� and it would be advantageous to raise �he house up� under the circumstances. MOTION by N1r. Lan�enfeld� seconded by Mr. Peterson to close the publ3c hearing. TJPON A VOICE VOTE, AI�L V4TING AYE� CHAIRMAN AARRiS DECLARED T� PUBLIC HEAA+RING CLOSID AT . 8:10 P. M. _ . _ . . . � _ . . . . - - . . . Mr. Langenfeld stated he would like clarification of the item on pa�e �+ of the 1�ppeals Co�ission minutes i�licating that no permits had been granted to bvild � dHelling in '�he floal. plain areas in the last �'ive ye�rs. Nlr. Harris sta'ted that in CRP-1 we cauldn't but in CRP-2 we could allow a structure� and they have allawed this. Mr. Harris stated that.there was one just recent7�y. Mr. Langenfeld stated that the petitioner should be aware of tbe potentiel problems� and i� the.S�ecial Use Permit sras granted, �y problems wou].d be with the petitioner, end not the City. MOTION by Mr. Peterson, seconded by Ms. Schnabel to reconmiend to Council approval pf SPECIpI, USE PERMIT �j8-12� by Roberta M. Spohn� per Fridley Ci-ty Code� Section �5•157, 5, D, to allow the construction of a new dwelling in CPR-2 Zoning (flood plein), locsted on Lots 25 and 26, Block T, Riverview Heights, the same being 695 Fairmont Street N.E. with the stipulation that a drainage plan be submitted at the same time the revised house plans are submitted. • Mr. Herria asked Mr. Boardman if there �as a problem with Staff in granting the Special Uae Permit. Mro Boardman stated that Staff hsd no problem with the Special Use Permit. 0 � � � �� �� PLANIVING CON�'LCSSION MEETING, OCTOBER 25s 19'T8 - � PAGE �. ,.� Mr. T�ngenfeld stated that he would like to stress the fact that the drainege problems should be throughly studied so there would not be a re-occurrence of problems in thst area, as has happened ia other areas. � UPON A VOICE VOTE� ALL VOTING AYE� CAAIRMAN i�ARRIS DECLARID T� MOTION CARR�D jJNANIMOUSLY. , _ . 3. �� aPPEaLS cor�ssz�� r�¢x�s: ocroBni 10, 1978: . MOT�ION_ by Ms. Schnabel� seconded by Mr. Langenfeld to receive the October 10� 19?8� Appeals Coffinission minutes. Mr. Langenfeld stated that be had noticed that several mot3vns regax�ding the Special Use Permit had die3 for lack of a second. Ms. Schnabel stated. that she thou�ht that perh�ps the Board felt it was ottt o� their jurisdiction to make sny recovm�endations on whether or not the S�ecial Use Permit should be passed. UPON A VOIGE �iOTE� A;GI, VOTIl� AYE, CHA713MAN HARRIS DECLAREI) T� MOTION CARR�D UNANIl�OUSLY. . .. , . . . . _ . _ .. . �+. CONTINUED: ADDITIONAL APPOINTMENT TO ENERGY COMMISSION: N�TION by Mr. Langenfeld, aeconded by Ms. Schnabel to receive the letter from r,, Dean Saba regardin� the Ehergy Project Co�ittee. Mr. Harris stated that this letter was received rather late. Mr. Boardman stated that they received i� late� and since the Com�nittee had,n�t met yet, Staff had submitt�d it for the Commission's review. Mr. Boardman had informed Mr. Saba that the first meeting would be November l. UPON A VOICE VOTE� ALL VOTIlVG pYE� CHAIRMAN AARRIS DECLARED TFIE MOTION CARRIED UNAIVIMOUSLY. MOTION by Mr. Peterson� seconc3ed by Mr. Lan�enfeld to appoint Dean Saba to the Ener�y Project Co�ittee. _ Mr. Langenfeld stated it would be a good idea to appoint Mr. Saba� because o� the possibility of a drop-out process. UPOIJ A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARRIS DECLA�ED T� MOTION CARRIED UNANIMOUSLY. _ Mr. Peterson noted that the agenda referred to the Energy Pro,�ect Com�nittee as "Energy Covm�iasion" and it should be "Energyr Project Co�ni.ttee". Mr. Iiarris stated that he had been to the Council Meeting and asked �or admin- istrative help� which �as given. . Mr. Boardman stated that Itiynn Saba would be the secratary i'or the Energy Project Cammmi.ttee. 0 � PLANNING CONARISSION MEETING, OCTOBER 25, 1978 - -PAGE 6 '� .�� �w - � ■ ��� Mr. Harria stated that the request to the City Cowncil was primari�y for secretarial help� and informed the Council that the Committee would get back to �hem ior Administrative help. Mr. Harris asked Mr. Boardman to arra�ge ior a staff person at the first meeting� to help get organized. Mr. Boardman stated he would attend. 5. CONTIN[TID: PROPOSID CHANGES TO CHAPTEft 205. ZONIIJG: I�TION by Ms. Schnabel, seconded by Mr. Oquist to �ontinue the proposed changes to chapter 205. zoning.� Mr. Langenfeld stated he had noticed ce�tain items were deleted� and. aske� iY these items were added.into another section of the ord3nance. Mr. Boardman stated thet ia som►e cases items �rere deleted an�d added elsewhere� and in other cases they:were deleted altogether. UPON A VOICE VO'I'E, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED TAE MOTION CARRIID UNANIMOUSLY. __ . . . . . _ _ . , .. , 6. CONTINUED: NiFMaRADIDUM OF AGRF�MEIW�: • Mr. �torla stated that he felt the progress on the Memorandum of Agreement was good and the process itself was good. The Humen Resources Commission would be revie�ring it again for consis�tency of terninology. . � MOTION by Mr. Storla� seconded.by Ms. Schnabel to continue the M�morandum of Agreement. UPON A VOICE V07�� ALL VOTING AYE� CHA1RM�iN FiARRIS DECI�ARID T� MOTION CARRIID UNA1V�1' KOTJSLY . . _ _ . . . . _ . 7. RECEIVE HUMAN RESO�CES COPMIISSION MINV.L'E8: o�roBIIt 5, 1978: N�OTION by Mr. Storla, seconded by N1r. Oquist to receive the October 5, 1978 H an Resources Co�ission minutes. Mr. Langenfeld stated that the H�an Resources Co�lssion i�ad come up with the rules of procedures they were looking for. Mr. Storla noted that the Memorandum of Agreement was covered on pa�es 3, �, and 5 oi the minutes. These pages deal with the "rules of procedure" and Mr. Storla felt sure that this wes what was requested of the Corrmni.ssion.. Ms. Schnabel stated that she felt the handling of complaints was covered ia quite a bit of detail, which was a step forward from the original proposal. Mr. Langenfeld stated that he was in full agreement with Mro Dobson's statement regarding either a conciliation or forma5. charges. ,�'1 ���..° b ` PLANNING COMMISSION MEETING, OCTOBER 25, 19'T$ - PAGE 7 � Mr. Iiarris asked how the situat3on with Wickes was comiaga Mr. Langenfeld stated that there was a statement in the minutes that the individual was unemployed� and wouldn't that be grounds to der�y credit. Mr. Storla stated that he thou�ht emplayment was fair grounds because it was not listed as unfair grounds. The individual felt she was being discriminated againat because she was a wo�an, and tdickes stated they refused her credit because she was unemployed. Mr. Peterson stated that the minutes stated that Wickes poli�y was that en�yone who was over 21 and employed was eligible for credit� and obviously she did not fit within their guidelines, so he couldn't see where there was discriiaination. Mr. Storla agreed that there wasn't illegal discrimination as far as he could see. Mr. Peterson stated that the way the minutes were written, it s�ounded ta him that Wickes had d3scriminated. .Mr. Storla dic� not agree and stated that the Human Resources Commission felt that problems such as this arise because of the lack of education`of the public and people need to be educated as to what is legal discrimination and what is illegal discrimination. • , ,-,� UPON A VOICE VOTE, ALL VOTIlVG AYE, CEAIRMAN AARRIS�DECLARED TI� MOTION CARRIED UNANIMOUSLY. ' 8. RECEIVE COMI�i[JNITY DEVELOPMENT C�NIMISSION MIN�F�ES: OCTOBII3 10� 1978: MOTION by Mr. Oquist, seconded by Mr. Peterson to receive October 10, 1978� Camm ity Development Coam�ission minutes. Mr. Oquist stated that �tbe Co�nunity Development Commission had s�arted working on the Propoaed Changes to the Zoning Code and had made it through the Definitions. Mr. Oquist stated that the Commissioners were not prepared to discuss this at their meetin� because it was delivered to the homes with no instructions as to what was to be done with it. But they did make it through the definitions� $nd Mr. Oquiet felt they had done a good �ob. Ms. Schnabel stated that the Appeals Coamiission had a special meeting on October 24� and will have another apecial meeting to discuss the changes, and appreciated having the Co�unity Developcment� Cwnmission minutes to use as a guidelinea Mr. Oquiet not�d that they had discussed MnDOT and had samie of the same concerns ae the Environmental Qualii.y Commission. Mr. Langenfeld asked I�ir. Bosrdman if a Co�ission member attende the MnDOT hearing� would the Coammissioner be representing his commission or the•City� and could a ,� commission member attend the hearing as a coam�ission member and state their con- cerns, or must they become a"citizen" instead. � PLANNI�TG CONIl�iIS3I0N MEETING, OCTOBER 25, 1978 -PAGE 8 ' r — Mr. Boardman stated that as a cc�mission member, you would be in eYfect repre- senting the City, because co�mniesioas are representative bodies of the City Covncil� therefore any statemsnts you would make or ar�y positiaa3 you would take � should be looked at by tbe City Council. Mr. Oquist atatec� �hat on page �+, the first paragraph� they were not camcerned about naise generated from the railroad, but from along the highway. Mr. Oquist stated that they are finding that the barriers�are fine for the people living along the highway� but the people a few blocks away find the noise is worse. Mr. Lsngenfeld stated that in regards to noise abatement, there are state:'and federal regu��tions that must be•adhered to whenever highway conatruction takes place such as certain kinda of material far surfacin�, etc.� and with this par- ticular procedure �n environmental impac� statement mi�hic be in order. Mr. Boardman atated that it wovld def3nitely require an environmen�al impact statement. Mr. Langeafeld stated that he had noticed in the m3nutes that Connie I�odig had expressed concern regarding the walkwey�ikewqy system� and asked Mr. Oquist if he fel� his Commission had been bypassed in this particular instance. Mr. Oquist stated that they had made a point in two sets of minutes to bring that out and had received a letter f'rom Mr. Dick Sobiech giving reasons why it was not striped, but did not give reasons why tbey were not informed while it was happenin�. Mr. Oquist stated tha�t they hop�d they had made the point that before anything was done on a bikeway�walkway they would ].ike to be in�ormed. � Mr. Peterson statec] that as chairman of the Parks and Recreations Co�iseion� they are also concerned about the b3keways and wallcways� and �aould also like to be informed . � Mr. Boardman stated that they were still going along with their plan to �et them off the street� and they were budgeted for curb-cu��s next year and it would be a year to a year and a half before they get the bikes off the street. UPON A VOICE V�I'E, ALL VO2'ING AYE, CHAIRI+'!AN HARRIS DECLARED THE MOTION CARRIED UNANIN,OUSLY . � - 9. RECEIVE INFORMA'�ION KIT: THE ME`TROPOLITAN COUNCIL'S FAMILY HOUSING PROGRAM: A+�TION by Mr. Langer�eld, seconded by Mr. Peterson to receive the Information Kit: Th Metropolitan Council's Fami]y Housing Program. Mr. Boasdman stated that this was just for the Commission's iniormation� anS that he had given this to the City Council and the City Council had turned down the gro- gr�m twice, and he fel� this would explain the program more. ZiPON A VOICE V�I'E� AI�L VOTING AYE� CHAIRMAN HARRIS DECL�RID TI� MOTION CARRIID U1�IANIl�OUSLY . � � �• � PLANNING COI�IISSION MEETING, �OBER 25, �978 ._ 0- PAGE 9 10. OTHQt BUSINESSt A. Mr. Lan�enfeld stated that a letter of resignation was included in the age�a book� end his Co�nission had moved to receiv� the letter� and �rae taking action to have the City Council replace Mr. Sab3stina. B. Mr. Boardman dietributed capies of a booklet fram NSP regarding city planning to the Coannissioners for their information. C. Mr. Boardman stated for tbe infornostion of the Commisaioners, they did submit two applications for grants to the Metropolitan Council, one was for acquisition of a portion of Sears praperty and the other was for a building for Spring Brook Nature Center. We ranked �2 on the Spring Braqk Nature Center building, and #5 on the Sears property acquisition. Both fall within the funding limits, and they would be making final application on both of thase. Trey also submitted an application for bonus block grant monies, one �'or $130,000 for acquisition � substandard units, and another for $120,000 for rehabs. The rehabs are out oP the running, and acquisition of substandard units may get partial fundin�. They funded 1� and we ranked #15, and there was about �37��0 to $40,0� left after the first 1�4, so we may ge'c one or two units. - D. Mr. Oquist asked Mr. Boerdman who their new staff inember would be. Mr. Boardman stated it woax].d probab],y be Mr. Chuck Vanda. E. I�Ir. Harris stated he had gone to Council regarding the En�rgy Project Gomm3.ttee, � and hed gotten approval for clerical time. � E'. Mr. Harris stated Y�e had also discussed the Special Use Permi.t a� tbey would . be getting copies of those cases so they,can read them� and it was the at�orney's opinion they shonld not real]�y change their policy on their delibo eration of Special Use Permits, and continue �he wa,y they have in the past. G. Mr. Harris stated that he had diseussed the Sign Ord.�i�ance also. Tliey felt that re�arding the variance proced.ure� there should be some formula regardi� the �ree-standin�, on-site, advertisin� signs� excludin� billboards, to adjust the size of the signs in relationship to the s3ze of the building� and the size of the property. Mr. Harris stated that if they were going to do it� they should do it as a policy thing, in guidelines, not as an ordinance change. Mr. Harris stated that he thou�ht the variance procedure was a�ood way to keep a handle on things. The Council would like a policy and.guidelines re= garding this. NIr. Boardffian stated that if they were �oing to do that, they should make an ordinance change. Mr. Harris stated that mayb� they should have ma�cimum size�of 80 fout in the ordinance, but they can get a variance if they meet certain criteriao Mr. Boardman stated that he doesn't like to get away from the "hardship" type cases that appear before the Appeals Commission., If you start setting �"� - exceptions to the ordinance, the ordinance should be changed to include the � exceptione. 0 PLANNING CON�lISSION METING, OCTOBEP. 25, 1978 i PAGE 10 '• Mr. Langenfeld and Mr. Peterson agreed with Mr. Boardman. Mr. Aarria suggested that they go home an+d think about it, and they would talk abvut it agai.A. � MOTION by Mr. Peterson� seconded. by Mr. Oquiet to adjourn the October 25� �978, '��n`ning Conmai.ssion Meeting. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN HARRIS DECL�IRID THE MEETING ADJOigtNID AT 9:35 P.M. . . Reapectfully Submitted: / Kathy Sh ton, Recordin� Secretary � ,--� � �