PL 09/26/1979 - 6662�PLANNING COMMISSION MEETING
CALL TO ORDER:
ROLL CALL:
City of Fridley
AGENDA
WEDNESDAY, SEP7EMBER 26, 1979
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APPR�VE PLANNING COMMISSION MTiVCJTES: SEPTEMBER �2, �179
1. L07 SPl.I7 REQUEST, C.S: �79-04; EDWARD T''BAUL;E@. Spl fit
o�f the Westerly 60 feet of Lot 14, A,S, #22, except the
Southerly 390 feet, also lot 3�, Block 2, Iraington
Addition and adjoining vacated streets and a�leys in
Irvington Addition, to be sold as open space for an
adjoining property, the same 6e�nu 1420 Rjce Cy^eek Road N,E;
2. LOT SPLIT REQUEST, L.S: #79-05; CITI� OR fRTDLfr: Sp1�t
of the West 14.2 feet from Lot l,,Block 1, Yan Cleve"s
Addition. Already split by County, never approved by
City. Purpose of the lot split request i� to maRe
County and City records agree<
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3. LOT SPLIT REQUEST, �,5. #79-06; EXEMPLAR;;�i'NC.: Sp'�it 0�f,.
�t 2, from Lot 3, both in Block 2, Shaffer`S Su6dtvlsi;op
#1, both lots lying East of the East 4fl.feet thepeof,:to
make two R-1 building sites, tBe same being 75C2 dnd 7fi84
Able Street N.E.
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4. DISGUSS MEMDRANDUM-FROM VIRGIL HERRICK: DA7ED Al1G{7ST�2. a979.
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5. "RECEIVE PUBLIC HEARING NOTICE FROM SPRIfVG LAKE PARK ABOU'
I�USED CAR LOT AT 8301.UNIVERSIT�AVENUE N;E,
6. DISCUSSION ON ESTABLISHTNG AN ENERGP COMI�ISSION
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7. CONTINUED: PROPOSEp CHANGES 70 CHAPTER 205, �ZONING
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8. RECEIVE COMMUNITY DEVELOPMEN7 COMMISSION MINUTESt''SEPTEY'
1� 1979—
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9. RECEIVE APPEALS COMMISSION MINUTES: SEPTEMBER 18> 1979
10. OTHER BUSINESSt
ADJ�URNMENT:
7:30 P.M.
PAGES
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24 �. 27
Mf{TE$�A4 A�READ�
�R�CEI:YED & New �
�r�orandum at meet-
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FzNK
�EI,I,ON(
CITY OF FRIDLEY
PLANNING COMP9ISSION MEETING - SEPTEMBER 12 1979
CALL TO ORDER:
Chairman Flarris called the Septemher 12� 1974, meeting of the Planning Commission
to order at 7:40 P.M. �
ROLL CALL:
Members Present: Ms. Schnabel, Ms, Hughes, Mr. Treuenfels, Mr. Harris,
Mr. Langenfeld, Mx. Oquist (arrived aEter roll call)
Membexs A6sent: None
Others Present: Jerry Boardman, City Planner, Bill Deblon, Associate City Planner
APPROVE PLANNING COMMISSION MEETING MIh'UTES: AUGUST 22 1979:
MOTION by Mr. Langenfeld, seconded hy Mr. Treuenfels, to approve the August 2?., 1979,
minutes of the Planning Commission.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN 21ARItIS DECLARED THE MOTION CARRIED
1713ANIM0USLY ,
1. CDNTINUED: PITBLIC HEARI'1��G: CONSTP.RRAT70N (1F A RF.OiiF.ST Rf1R A RPRCTAT. Ti.SF PFR�iTT
SP, �kly-7U, EXCALI�TJR ftOMES INC.: Per Section 205.157, 5, D, of the Fri.dley
City Code, to a11ow the construction of two dwellings on Lots 2i-30, B1ocY. S,
Riverview Heights, in CPR-2 zoning (Flood Plain), the same Ueing 8125 and 8133
Riverview Terrac2 N.�.
Mr. Boardman recommended to the Planning Commission that this item be tahled until
further notice.
MOTION by Ms. Iiughes, seconded by Mr. Langenfeld to table the request for a Special Use
Permit, SP. ��79-10, Excalibur Homes, Inc., unti). further notice.
Pis. Schnabel pointed out that there were a number of interested homeowners in Che
audience and they had been faithful to £ollow this item. She thought perhaps they
might have some quesCions that should be discussed.
Ms. Hughes withdrew her motion, Mr. Langenfeld withdrew his second.
Mr. Harri.s explained thae this item had been centinued for several meetings now and
that they are tabeling this item and Caking no further action until the petitioner
renews his special use request. The affected homeowners will be renotified of such
action.
Pi0TI0N by Ms. Hughes, seconded by Mr. L�ngenield, to taU1e the request for a Special
Use Permit, SP. jk79-10, Excalibur Homes, Inc., until further nutice.
UPON A VOICE VOTE, AI,L [%OTING AYE, CHAIRMAN t�[1I2RI5 DECLARED 'CHE riOTTON CARI;IfiD
Ui4At3IY1CUSLY .
Chainna�i 13arris wished to l�ave it noted L'ltat the affected homeowners will Ue notified
of any further action on this item.
PLANNING COT�ffSSION MEETING. SEPTEPffiER 12 1979 PAGE 2
2. PUBLIC HEARING: CONSIDERATION OF A RFAIlF.ST F�R A SPF.CTAT. I/CR PFRMTT c9 �F�n_i
1sz ALLAN M._JUriNSUN, JiM MiLLER REAL ESTATE• Pex Section 205.101��3, E, of th
Fridley City Code, to a11ow the installation of self-service gasoline pumps in
conjunction with a new convenience center, to be Located on Lot 2, Block 1,
Pearaon's Second Addition, along with Outlot A, Pearson's Second Addition, the
same being 7751 East River Road N.E.
Mr. Boardman explained that the proposed itemwas located on East River Road, just
south of the Meadow Run Apartments, and north of Apache Trailer Sales. The access
into this property�ras suppose to be developed by all agreements on the joint driveway
between this property and Apache Trailer Sales. ltao more conditions are that 'there
be no disturbance of the creek or creek area and to place screeuing in the front.
The store area will be approximately 15,000 square feet. It is zoned properly, but
the Special Use Pexmit is reyuired for installation and operation of the gas pumps to
go along with the proposed fast-food store. The other requested permitr.w�a for a
drainage and utility easement vacation. Air, Boardman also said the joint driveway
entrance would be the only entrance allowed.
The developer, Allan Johnson, explained the proposal.
Mr. Johnson said they are proposing to construct a convenience ceuter with a fast-
food store. They feel it is necessary to install a couple self-service gas pumps for
the customer coming to the store for a loaf of bread, or whatever. This does not
mean a setup like Holiday or Super America. The gas service is a low profile operation
and should not increase traffic. He went on to say the building will have 15,000 square
feet, there was adequate parking plus room for good Craffic flow. Mr. Johnson felt
this development would compliment the City of Fridley.
Ms. Schnabel asked where excatly the pumps would be located.
Mr. Boardman showed where the pumps are to be located and said they were warking on
some type of barrier protection and better direct tra£fic flow to the pumps. Another
possihle change �as elimination of the driveway going around and just having back-in
delivery for the various facilities. This would keep delivery trucks oue of tfie
customer traffic flow.
Ms. Schnabe] asked what the egress was off of East River Road. ' '
Mr. Boardman said it wa� 25 €eet, which is the normal access width.
Ms. Schnabel asked if this driveway was shared with Apache Trailer Sales.
Mr. Boardman said yes, but it Was used primarily for entrance to Apache's storage area
and nat by its customers.
Ms. Schnabel asked if this size driveway would create problems for entering off of
East River Road.
Mr. Boardman said no, a 25 foot driveway allows for two-way traffic.
Ms, Schnabel asked how many stores and what sizes they would be are p2anned.
Mr. Johnson said the convenience food store would be approximatety 3,500 square feet,
with the rest bein� divided up from 1,000 to 4,000 square feet per store.
PSs. Schnabel asked what types of stores would be going in and if Chey had any commitments.
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PLANNING COMMISSION MEETING. S�PTII�B�R 12,'1979 PAGE 3
Mr. Johnson said they would not be duplicating the shopping center to the noxth, but
felt it would service �he area to the west of this property. The only store contacted
so far was Tom Thumb, but there was no firm commitment fsom them.
Ms. Schnabel said the shopping center north of here was suppose to have a co�itment
from 7-11, but it did not go through. This commitment was part of the reason for
giving that shopping center the okay.
Mr. Johson said he had a representative from Tom Thumb with him Conight and he could
answer those questions better.
Mr. Oquist arrived late and asked to have the entrance/joint driveway explained again.
Mr. Boardman did this and also said there was some concern on drainage and runroff in-
to the creek. He stated it�gs the policy to develope renCenti.on and Qonding areas
and Chere are 3 potential areas above the bank that can be used for this. These will
have traps on them to stop all undesirable elements from going into the creek. The City
will be using a policy similar to the Rice Creek Watershed policy, which states the
developex wasrequired not to increase that amount of run-off as compared to the un-
developed piece of property. This�as one of the requirements in obtaining a building
permit.
Mr. Boardman said the asphalt is 20 feet from the property line and there;.��s, an
additional 45 feet before it meetsthe county roadway system. It is above the ditch
area.
Ms. fiughes asked about the parking in the rear.
Mx. Boardman said that�oas primarily employee parking.
Ms. Hughes asked if the rear driveway was removed,was: there still access for delivery.
Mr. Boardman said yes, but the architect has noC had time to study the proposed
changes. He said he was concerned about ran-off from the back parking area and it
6eing so close to the creek bank. However, with the 3 proposed retaining areas the
rate of run-off would be monitored in accordance with City policy,
Mr. Langenfeld asked if the emission of the gas pumps puts it in the Special Use
Permit request.
Mr. �oardman stated yes, any instaliation of a gas pump seivice in the district needs
a Special Use PermiC and the permit entails the entire property.
Mz. TYeuenfels asked what the consequences would be if the gas pumps were installed
or not installed.
Mr. Johnson said the consequence if they are installed would be expl.ained by Mr.
Ricks of Tom �iumb. If they are not installed they don't have any real course of
action, 6ut would still be a61e to build the cent�r without the Special Use Permit.
Mr. Dxew Ricks, in charge of gasoline opexations for Tom Th«mb� stated from past
experiences they have not I�ad any safet}> problems. The equipment meets all require-
ments of the State Fire Marshall. The pumPs are the latest equipment with digital
readout. It has a remote control run from witliin the store, on whici� t[iexe are
switches to shut off one pump, all pumps or the entire console as the situation
wmrrants. There is a Lire extinguzsher as required Uy the pumps. Tom Tliumb has heen
PLANNING COMMISSION MGETING SEPTEMBER 12 1979 PAGE 4
involved with this type of operation si.nce 1974 and have had no accidents or eafety
violations. '
Ms, Schnabel asked what the Qlanned hours of operation would be for the store.
Mr. Ricks replied, 7:00 A.M, to 11;00 P.M., possibly opening at 6:00 A.M. to
service the moming coimnutors.
Ms. Schnabel asked if Tom Thimb had run a traffic survey of the area.
Mr. Ricks sfiid no.
Ms. Hughes asked if they had numbers on the gas operation, for instance from their
other stores.
Mr. Ricks said they are not like Supex America who pumps 100-700,00 gallons per
month. They pump 40-45,000 gallons per month. The grocery operation was the mai�
convenience item and the gasoline _ for customers already in the store. This
should average between 100 to 150 gas sales per day. He said there will be 2
double pumps, with 4 hoses total.
Mr. Boardman said the permit does not set the quantity of pumps that can be installed.
Mr. Oquist asked Mr. Boardman if a Special Use Permit was granted and Tom Thumb did
not go in, could a gas station go in then.
Mr. Boardman said a condition for the permie would be to have the pumps used only
in conjunctian with a foods store.
Mr. Oquist asked if this development was contingent upon the Special Use Permit for
ga� pumps,
Mr. Johnson stated probably.
Mr. Ricks said this was the preferred rnute for Tom Thumb. The last 14 out of 15 stores
opened have been developed this way.
Mr. 7ohnson said they feel this . the future of the convenience £ood stores and they
a re looking for sites to develop as such.
Mr. Oquist asked what percentage the gas would have in the business.
Mr. Johnson stated percentage wise iC Was not great. The total amount of gasoline,
45,000 ga2lons, was sma21 and only an addad convenience for the store customer.
Ms. Hughes asked if there were other stores like this one in Fridley and what
problems they had.
It was decided Country Boy, located on Mississippi Street and 01d Central, was the
only one in the area. Dir. Boardman said there had been no problems with this one,
except for site limitatians,
Ms. Eiughes asked if the grates used to catch paper debris, etc.�re designed to.stop
chemical pollutants, .
Mr. Boardman said they use the same design as the Rice Creek Watershed, and were designed
PLANNING COMMTSSiON MI:ETTNG SCPT�M¢ER 12 1979 PAG� 5
for this. The filtering system was supposed to work quite well.
Mr. Langenteld asked if the convenience center could go in without this permit.
Mr. Boardman said yes, if they get the pacation request for the easements.
Mr. Langenfeld asked about outside lighting around the pumps. .
Mr. Ricks replied they ase a single pole centered between the 2 pumps with mercury
vapor lights. One large arm comes out over each pump and Lights up the entire
Qarking area, There was also, if City policy allows, a Tom Thum� Sign on the boule-
vard with 2 directional lights.
Mr. Langenfeld asked if the glare would affect the neighborhood.
Mr. Ricks said no. They have used this cystem in other residential areas and have
had no complaints. All lighting was directed in towards the center.
Mr. T�euenfels asked in view of the President's energy policy on holding down im-
ports, could he explain why the purcfiase of gasoline should be made more convenient.
Mr. Ricks said as far as an energy impact he had no real thoughts on it. This is
only a customer convenience and if they want it they wi11 bug it here or go
somewhere else.
Ms. Schnabel asked if Chey would be able to continue Cheir gasoline supply.
Mx. Ricks replied thae would not be a problem.
Mr. Johnson pointed ouC that gasoline only stations are havrsig problems keeping
open. Ae £elt we have to look for alternativcs and this Cype of development was
one of them, the local neighborhood store wit-h gas.
Ms, Schnahel said one of h�r main concerns the fact that this w�s supposed to be
servicing the neigh6orhood, especially the one west of the site, and you have to
cross East River Road, meaning you have to have a car-to get to it.
Ms. 3ohnson said the traffic flow was heavy, but it comes in spurts and you could
walk across East River Road at other times of the day.
Mr. Boardman said this wa,struc, other than your peak periods, itwas relatively
easy to get off and on East River Road. The tra£fic flowt�as around 13,�00 cars per
day.
Mr. Johnson said the question �asnot the center, but the gas pumps. They will not
incxease the traffic flow, but what problems wi11 they cause ii they axe there.
Mr. Treuenfels asked if an air hose would be provided for the bicyclist,
Mr. Aicks said it was undecided yee. They have tried them at 2 locations Uut
coulci not lceep them lon; enough to see if tJiey worked. T}iey have had so many stolen
they have almost given up ou this idea.
Mr. Oquist asked what percentage of thc sales figures�+'�Sfrom gas.
rfr. Ricks replied before 6 months ago at $.50 a gallon, sales were 301, now at $1.00
� gallon fCW;,� 40-50%.
PLANNING COt�4tISSTON MEEfING, SEPTE�ffiER 12, 1974 � PAGE 6
Mr. Oquist aiso wanted to know how many customer buy gas only.
Mr. Ricks said lesa then 20%, most customers are repeat customera.
Mr. Boardman asked if there was a possibiity o£ putting a bridge across the creek
to get foot traffic from the apartments. Mr, Boardman didn't know if this was
£easible and would have to check with the archiEect, DNA and possibly work with
the apartment compler. owner for cost sharing. Also, Mr. Boardman was interested
i.n the possibility of a bicycle easement.
Mr. Harris expressed concern about the storage tanks and the amount of room
left for the delivery tankers to maneuver around the pumps without hitting them.
Mr. Ricks stated the 2 tanks are located under the m ncrete pods. Each tank holds
12,000 gallons and all of this WaS in accordance with the State Eire Codes.
Mr. Boardman said there Was enough room to maneuver the tankers without cauSing
any problems.
Ms. Schnabel stated one concern with the development to the north was traffic
making a right-hand turn. The developer had been required to install a right-
hand turn lane. She suggested this should be looked into.
Mr. Johnson said he felt that could be worked out.
Mr. $oardman said this Wassomething that would have to be taken up with engineering
and Anoka County. There is a deep ditch along East River Road at this point, plus
essements to consider. He stated there was 45 - 50 £eet from the road to the
easement, and a small shoulder that could possibly be utilized.
Mr. Schnabel said they had been promised a foods store in the center to the
north and this a�a not come about. '
Mr. Iticks pointed out that Tom Thumb has opened 45 stores in the last 5 years, and
has had to close only l, which was relocated in the same area.
Mr. Johnson said it co�ild be a possible contingency to have a conveni._nce food
store if this Special Use Permit was granted.
Mr. Harris opened the floor to the audience for discassion.
Mr. John Dunphy, 155 Stonybrook Way, said he was very interested in this development.
His first concern was safety. Mr. Dunphy said peoply who do not live along this
road do not realize how hazardous iC�4�3• Them seems to be an accident every 1 to 2
weeks, mainly caused by someone making a leit-hand turn and getting rear ended.
He felt this development would seriously complicate the safety of this area.
Mr. I3unp}�y also felt concern about the size of the entrance, He sCated the average
garage entrance Was ZZ-z4 feet and they would be trying to get trucks.in and out
out on a 25 foot wide drive�oay. He pointed out when the building now occupied by
Apache Trailer Sales was constructed, any further development in the neighborhood
wnuld 6e low-keyed in nature. Gas stations in particular were mentioned at that
time as being contrary to this idea. lle pointed out that numerous stations along
Ease Rivez Road were closed and that this cacmnunity wasnot in dire need of an
additional gas station. Mr. Dunphy also stated the last quick service food store
in the area went out of business becausa of lacic of patronage.
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PLANNING COMt4iSSI0N MEETSNG SEPTEMBER 12 1979 PAGS 7
One more po9.nC Mr. Dunphy was questioning was the drainage problem. lie asked
the architect how much of the land would be cavered with asphalt. The architect,
Mr. Stephen Horts, replied more then 50% Uut less then 75%, with_the area in the
north-northwest corner being left in its naCural state: Mr. Dunphy was very
skeptical as to how the amount of run-off for the site would not increase when
the site Was covered with asphalt. Mr, Dunphy said t-he additional zun-off coming
from upstream by a11 the land covered with asphalt was causing severe erosion
problems on his land,
Mr. Harris explained that gallonage would increase, but the rate at which the
increased gallonage was allowed eo run off would be controlled.
Mr. Dunphy expressed concern about the lighting. He felt more proof was needed
to show that illumination from this site would not affect the nearby residential
homes at 11 or 12:00 at night. He was curious as to what the peak hours of
this sCore would be.
Mr. Ricks said peak hours are from 6:30 - 8:00 A.M, and 4:00 - 7:00 P,M. Mr.
Dunphy pointed outtfiis coincides with the peak hours on East River Road and this
would mean 150 - 200 cars trying to make left or right hand turns, raising the
risk factor on this road.
Mr. Dunphy�s
future real
hazards.
Mary Martin,
Lloyd Myers,
also,
last concern was that if this permit was granted, would this mean
estate in the neighborhood would be introduced and cause even more
133 Stonqbrook Way, said she had a letter from neighbors, Mr. & Mrs.
Jr., 132 Stonyb:ook Way, that they were opposed to this development
MOTION by Ms. Hughes, seconded by Mr. Langenfeld to receive the letter.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRTS DECLAItED THE MOTION CARRIED
UNANIMOUSLY.
Ms. Maxtin questioned if there was room for the turning lane, if constructed,
in front of the trailer business.
Mr. Boardman said yes, there �?�sat least 45 feet from the fence to the driveway
Ms. Martin pointed out that the trucks using this drivecaay now for Apache Trailer
deliveries turn by her home on Stonybrook, back across East P.iver Road and into
the driveway. ThisLaaS already a traffic hazard. She also stated the land in
this area w�svery wet and questioned the safety of putting gasoline storage tanks
in Che ground.
Mr. Ricics said thaC Waswhy concrete pods are requixed above the tanks to hold
the tanlcs down. He said they have built in areas of high water taUle before and
the onc foot of concrete L�?senouoh weight, this�as again State Fire Code.
Pis, MarCin expressed concern on the safety. Children would be attempting to cross
the road which wa�dangerous, plus the additi_onal safety problem of- cars trvin�
to turn. Ms. Martin said you cannot understand how difiicult it ,G*a�� to dtive this
road sa£ely unl.ess you ltave li.ved on it.
Ms. Pfartin questioned the proposed screcning.
Cai�i
PLANNING COMMISSION MEETING. SEPTII�ffi�R 12. 1979 PAGE 8
Mr. Boardman said it would be relatively low.trees and hedges because of the
power lines. He also pointed out the screening would be 65 feet from the road-
way surface, above the ditch and would not be a driving hazard.
Ms. Martin said the late store hours, 11:00 P,Mry was to late for a residential
area because of car related noise cause by the pumps. Debxis and lighting were
additional concerns. ':. She concluded by saying she was very much against
the development and felt they did not need another station service.
Jim Black, 7824 Alden Way, spoke next. Mr. Black's largest concern was again
safety. He felt aay development that would increase the driving hazard should
not be built. He drives this road daily and knows the hazards. Mr. Black said
the road speed�+as not enforced during rush hours and he ��S personalZy afraid of
the traffic at that time. His other safety concexn was for ehildren attemptin g
to cross East River Road to get to the store. He feared some child would get
killed attempting to do so.
Mr. Bud Dziedzic, 161 Craigway, said this area had been discussed before for a
possible car dealership and was discouraged then because of traffic safety. He
felt there would be more cars coming and going from a food store then a car store.
He 5ated that during peak traffic hours, children are getting on and off buses
and this development wou�d cause additional hazards. He asked if there would be
amusement machines for the kids in the stoze. Mr. Ricks said no,
He asked about possible gas spillage. �
Mr. Ricks said with the advent of the automatic shut-off nozzles, spillage
very rare and sma11. He stated the tankers are so closely regulated by state
laws that thiswas not a hazard,
Mr. Mark Brenny, 260 Stonyb�ook Way, was concerned with the rain run-of£. He
said the Rice Creek Watershed system can handle a 1 inch rain, but what about a
2 or 3 inch rain.
Mr. Thomas klayes, 170 Craigbrook Way, questioned not only traffic safety, but the
fire hazard that could be caused.by the pumps, He felt some input by the City Fire
personnel was needed.
Mrs. Kate KemPer, 1758 Aiden Way, said she could not expzess enough the hazaxds of
driving on East River Road,
Mr. Lennie Samuelson, 7800 East River Road, wished to ;:ompliment the petitioner
on his proposed development. He said he felt the area had no coaeplaints against the
proper use of the zoning, meaning the convenience center, but had one against the
poseible issuance of a Special Use Permit for gas pumps. FIe felt the use of
these permits had been abused by the City and stations issued them. Therec.*�s no
follow up and many gas stations are now eye sores.
Mary Martin asked even with all the safety features and state laws how do you
keep that one person from filling his tank up when he has a lighted cigarette in
his mouth.
Mr. Harris asked the petitioner i£ he wished to comment on some of these questions.
Pir. Johnson said he was aware the store, not the pumps ottly, would increase traffic
fn thi.s area. Secondly he said children'Were not encouraged-or�a�2'Uwed to�lozter in
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PLANNING COMMISSION MEETING. SEPTII�P,ER 12. 1979 PAGE 9
the store. They are treated as castomers, buy their items and leave. He said
some of L'he questions will be answered when they.come in for their building
permit, but thought the gas pumps would be beneficial. He commented that fire
hazards are extremely uncommon now and could not think of any he had heard of
1n the last 5 years.
Mr. Ricks cocmnented again that there are no special attractions geared for
children, they do not allow loitering, and children are treated as customers only.
He said as far as the fire hazard partainirig to 1it cigarettes, this is why the
consoles are operated from �aithin the store. If the store operator sees any
hazardous activity at the pump he can shut down immediately until the hazard has
been eliminated.
MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to close the Public Hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAIQ HARRIS DECLAR�D THE MOTION CL�RRIED
UNANIMOUSLY. PUBLTC HF,ARING CLOSED AT 4:30 P,M,
Mr. Langenfeld said he had some co�nents to make. The first being even with all
the contxols, gas will be spilled and it will go into the creek. Second he
questioned the feasibility on the drainage statements. He wanted more prooi thaC
they would work. Thirdly he did question attractive nuisances, besides games,
that would attract the children. He also said there could Ue various types of
occupancies under this zoning. His last comment was whether or not there was a
need for Chis type of occupancy.
Ms. Hughes questioned if there would be room for a right-turn lane or would it
interfere with 77th Avenue.
Mr. Boardman said there was room, it would depend on how much stackingroom you
required.
Both Ms, Schnabel and Mr, Treuenfels commented that all con¢nents on this develop-
ment had been negative and Che neighborhood felt the need was not here for it.
Ms, Schnabel commented that the neighborhood has to live with the traffic problem
and they felt this development would increase it. They also seem to feel that
they would not use the convenience store i£ built.
Ms. Hughes pointed out that the petitioner is assuming this will be a viable
business venture, but with 2 major traffic baxriers, East River Road and the creek,
she wonders if they have really studied the area to see if it wi11 work.
MOTION by Ms. SchnaUel, seconded by Mr. Langenfeld, to recommend to Council denial
oi the request for Special Use Permit, SP. �F74-11, By Allan M, Juhnson, to allow
the installation of sel£-service gasoline pumps in conjm7ction with a new con-
ven�ience centex.
Mr. Harris asked for specific denial reasons.
Ms. SchnaUel said the main reason would be the traffic hazard inciease, in particular
the traffic increase of 150 - 200 c2rs daily that would be using the gas pumps.
Mr. Langenfeld concurred with that but- also added that in a memo dated August 2,
1975,from Lhe City Attorney a Special Use Permit nnest meet speci.al conditions and
standaxds. These being that it must ��rotect the public's health, safety, con^
venience aiid weliare; it must avoid traffic conjestion or hazards or other dangars
PLANNING COMMISSION MEE'�ING SEPTII�ER 12 1479 PAGE 10
and also promote confnrmity with use with other adjoining property and uses in
the diatrict as a whole. Mr. Langenfeld felt this permit did not conform to
tlnse conditiois and that Was grounda for denial.
Mr. Harris pointed out that the denial of the permit is to be based on the
question of gas pumps. He added safety problems with the gas trucks delivering
gas would be another reason for denial. ,
Ms. Schnabel said point 3 was good since a specific delivery and maneuverability
plan for gas delivery had not been shown, She also wanted to add the fourth
reason for denial. If there�?asn't a nee•d'£or additional pumps, and this was „
not proved otherwise by the petitioner, the permit should be denied.
Mr. Oquist asked if the permit was denied and a convenience food stroe was built
without pumps, could a right turn lane be required on the building permit.
Mr. Boardman sain no.
Mr. Oquist felt this would be a traffic hazard not caused by the gas pumps but
the convenience center.
Mr. Haxris stated the four reasons for denial.
1. Traffic safety due to increase traffic because of gas pump patronage.
2. Incompatability with the neighborhood.
3. Safety problems with the gas trucks delivery gas.
4. Need,for additional gas.service in area was not proven.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN iIARRIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
Mr. Harris informed the petitioner this was only a recomcaendation to the Counci2,_
and it goes befo�e the Council on September 24, 1979.
3. VACATION R�QUSST, SAV ,'�79-04, BY ALLAN M. JOHNSON, TTM MILLER RrAL ESTATE:
Vacate the 10 .foot easement on the East side o£ Lot 2, Pearson's Second
Addition and relocate on the East side of Outlot A. Pearson's Second Addition,
generally located at 7751 East River Road N.E.
Mr. Harris stated this was an informal Public Hearing.
Mr. Boardman explained that the present easement for drainage and utilities
located on Lot 2 would be vacated and rededicated along the eastern boarder of
Outlot A, At present there axe no utilities there and it would be mainly used
for possible future access to these lots by the City.
Ms. Schnabel asked if the 2 parcels were owned by the same owner. Mr. Boardman
said yes.
Ms, SchnaUel asked i£ the property joining the new easement lines would have to
hook up and follow these easements.
Mr. Boardman stated no, the main reason for the easements is to allow access to
each property for sewer, water, etc., that is needed by that property. This
property and the property to the north already have their necessary services
esLablished,
� � �..��c�-��� , �, � ,., . ,
PLANNING COMNiISSI6N MEETING SEPTEMI3ER 12 1979 PAGE 11
Mary Martin asked 1E the vacation goes through can �the lots be sold separately.
Mr. Boardman said we would ask for a re-dedication by the developer, the ease-
ments would go back to their original position.
MOTiON by Ms. Schnabel, seconded by Mr. Treuenfels to reco�nend to Council
approval of Che J��ation Requese SAV 4679-04, with the stipulation that if the
lots were ever to be sold separately the easemenrs wnuld revert hack to their
present location to allow sexvice to both parcels, and xe-dedication of the
easement along the easterly line of Outlot A.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN 21ARItIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
Chairman Harris declaxed a recess at L0:16 P.M. and reconvened the meeting at
10:33 P.M.
4. DISCUSSION OF THE FORMATION OF A PERMANENT ENERGY COMMISSION
Mx. Boardman infozmed the coce�ission that this item has been continued and they
should decide what they want to do with it.
Mr. Harris asked Mr. Langenfeld to give his thoughCs on this subject because he
chaired the original Energy Sub-committee.
Mr. Langenfeld said he would like to see a permanent coam�ission established.. He
said the purpose of the cormnission would be to work with the city staff or unit
cooxdinator during the oncoming energy crisis and decisions. He stated he had
not talk xecently to the othex committee membexs but they did want to stay together
and he felt their talents in this area should be utilized. Nr. Langenfeld �aid
he was personally opposed to a continuaeion of a su6-committee or a citizen's
commitl'ee. He said he would not participate on a citizen's committee.
Mr. Oquist asked if this comnission would be a member of the Planning Commission:
Mr. Langenfeld said if we follow the present ordinances it could become a member.
Ms. Hughas pointed out that it could possibly be a member depending on what type
of items axe being diecussed by the commission.
Mr. Langenteld said he could possibly be a sort of a liaison person, so the
coartnission kould be properly represented. He felt with a commission the members
would have more prestige, whereas a citizen's committee might not give the commis-
sion the aCtention and momenCum it will require.
Mr. Harris said he could see the advantaoe of having a person on the Planning
Commission representinc the energy questions. Al1 sub-commissions are cuncerned
soEnehow with energy. i[e sug$esCed perhaps the Conanunity Development Commissioa
and Energy Gonunission couLd be incorporated togeCher.
Mr. Langenfel.d said he thought the lner.g}= Commission wouLd have enough to do with-
out bein� a weight on another conunission. Also the Co�mnunity Development Cotrm�ission
deals witli other questions besi.des ener�y.
Mr. Harris sai.d ther:� are many proposals tha[ an r_nergy representaCive could help Wi�-��
if on the Planning Conunission. Such as transportation, lighting on a new
PLANNING COMMISSION MEETING. SEPTEMB�R'12. 1979 PAGE 12
development, the proposed changes in the zoning ordinances, or could have had
input on.the Comprehensvie P1an.. . �
Mr. Oquist asked if there was enough work for an Energy Coonnission to do on a
monthly or yearty basis.
Mr. Boardman said that depends on how deep the City Council wants to go, meaning
commitment of additiona2 staff hours. A co�ission_is fine as far as making a
recommendation, b�t the work and implementation of the recoc�¢nendation �as done by
the staff. The Energy Sub-committee has already mentioned an energy city co-
ordinator which means someone on stafE was required to do the work,
Mr. Langenfeld stated someone on stafEwasgoing to have to work on the energy
proble[ns anyway. and this would give it some coordination.
Mr. Boardman said there are possible energy funding programs coming tfirough by
the federal government that the City would be able to compete for. He asked, do
you want a c ommission to review these proposals or funds and how much of that
would be done by the commission or the staff. He said there would be a lot of
work, coming out ot the Planning Department, and he will not be doing any extra
hiring to handle this extra work load.
Mr. Harris said someone will have to do this work, Energy is one of our most
serious questions our country has and it should be addressed as soon as possible.
Mr. Langenfeld said he fought very hard getting•ti�e 3nvironmental Quality Commission
organized. He was ex-officio on that commission for over a year with the results
bexng a complete reorganization of the commission structure. This was brought
about through full citizen participation and felt the establishment of this
cocmnission would be very beneficial to the City of Fridley.
Mr. Harris asked if ex-officio persons were allowed under the new structure.
Mr. Boardman said it doesn't say yes or no. It could be writCen as the Planning
Commission wants and the ordinance changed. However, he felt, if you have an
ex-officio member why not have a full member instead,
Ms. Hughes asked why the Environmental Quality Commission did not handle this
pxoblem. .
Mr. Boardman said this is a very specialized area and the people involved are
very specialized in that area. He said it would be a great loss to lose those
persons by kaeping it at a sub-committee status. Some of the members are nation-
wide known for their kno�aledge in the energy field.
Mr. Oquist said that loss could l�e : bad also if these people are not used properly.
Tlxerefore they must have some sort of direction so they know why they are hexe
and what they can do.
Mr. Boardman agreed with this, they will need some sort of a program and this
commission should decide what that should be.
Mr. Harris thou�ht it would be beneficial to have an Energy Commission in
operation when trying to oUtain some of the potentional funds. It would show that
cae have the personnel to utilize the grant monies efficiently.
PLANNING COMMISSION ME�TING PAGE 13
Mr. Boardman said yes that is true. He said i£ thexewas any type of commission
or citizen gxoup, we would be aHead. Re stated he was in £avor of this idea
but wanted to make sure the Gnergy Commis�ion had enough direction and area to
operate in. He stated if the Planning Commission wanted the staff could seC up a
separate section for the code which would be on Che Energy Commission. They
would Layout the format, scope and membership breakdown, etc., draw up an
ordinance change and bring it back to the Planning Commission for approval.
Mr. Harris said Che Planning Commission members should think of the direction,
goals and objectives for this new commission. After they have finalized it,
he would bxing it to Council as a complete package.
Mr. Boardman reminded the members to bring their report by the Environmental
Project Committee to the next meeCing.
5. REC�IVE COPfMUNITY DEVELOPMENT COMMISSION MINUTES: AUGUST 14, 1979
MOTION by Mr. Oquist, seconded by Mr. Treuenfels, to receive the Comcaunity Develop-
ment Commission minutes of August 14, 1979.
Mr. Oquist said they talked aC the Septemt�er 11, 1979, meeting again about the
xental pzoperty question. He said it is going to take a long time to come to a
decision on it and they have asked the City staff to contact Mr, Herrick on the
legalities of it. He said a decision through the couxts may take 2 or 3 years.
He also said they discussed.alleys and took a tour of them last night. They were
able to pinpoint which alleys should be vacaCed or not by the City and what type
of direction to take on this. A decision shoul.d be made at the next meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECI,ARfiD THE MOTION CARRIED
UNANTMOUSLY,
6. RECTNE PAFZIZS & RECRPATION COP�iiISSION NINUT�S : AUGUST 15, 1979_
MOTION by Ms, Hughes, seconded by Mr. Treuentels, to receive Che Parks and Rec-
reation Commission minutes of August 15, 1979.
Ms. Hughes said they will be starting discussionsregarding goals, ideas, etc.
mainLy for the benefits of the new membexs. She said they zaill be setting up
some joint meetings with the Human Resource and Environmental Quality Commissions.
UPON A VOICE VOTE, AL�, VOTING AYE, CHAIRMArI HARRIS DECLARED TAE MOTION CARFIED
UNANIPf0U5 LY .
7. RECEIV� APPEALS COP4iI5SI01Q MIN[IT�S: AUGUST 21 1979
MOTION by Ms, Schnabel, seconded Uy Mr. Langenfeid to receive the Appeals Conurission
minutes of August 21, 1979.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRIfAAT IIARI:IS DECLARED THE MOTION CARP�IED
UNANiM0U5LY.
$, CO23TINiiF.D: PROPOSED CHANCP:S TL� CIlI�TER 205. ZON7.NG
MOTION by Tfr. Treuenfels, seconded Uy Mi. Oyuist to continue this item until
khe nexC mceting.
�,,,,,`
PLANNING COMMISSION MfiETING, SEPTHMBER 12, 1979 PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN i1L�12RI5 DECLARED THE MOTION CARRIED
UNANIMOUSLY.
9. OTHER BUSINESS:
Mr. Oquist said the Coc�unity Development Commission had received a petition for a
request by Glencoe Stree*_ residents to install a cul-de-sac on the end of their
street. This petition had been received by the Council and passed on to them. The
purpose of the petition was to stop thru trafEic going to the store at the corner of
East Biver Road and Glencoe Street, plus possible crime situations, He said they also
zeceived 2 counter petitions from the neighboring streets, stating it would increase
traffic on their streets. He said since the petition came directly from Council, what
course of action shoald they take.
Mr. Harris said the Planning Commission will review their.recocmnendation and it should
follow normal channels.
Mr. Harris said he had passed out a letter to each member Prom the Government Training
Center for a seminar on energy. Anyone from the Planning Commission or sub-coimnissions
could attend and the tab will be paid-for by the City.
MOTION hy Ms. Hughes, seconded by Mr. Treuenfels to allow commission members to attend
the seminar with the expense being paid by the City of Fridley.
Mr. Harris asked if anyone wished to attend they should let Mr. Boardman know in the
morning.
UPON A VOIGE VOTE, ALL VOTING AYE, CHAIRPIAN I�ARRIS bECLAItED THE MOTION CAR1tIED
UNANIMOUSLY,
Mr. Oquist asked that the memorandum from Virgil Iierrick, dated August 2, 1979, regar-
ding the difference between granti.ng a.Special Use Permit, variance or re-zoning be
placed on the next agenda.
Mr. Boardman said he had a memorandum from the City Manager to the Human Resource
Commission. This is a request for the conanission to establish priorities when obtaining
funds and how they should be used.
MOTION by Mr. Treuenfels, seconded by Mr. Oquist, to receive the memorandum Pr�m the
City Manager to the Humau Resource Commission,
Mr, Treuenfels said the Human Resource Commission did not meetlast. time and therefore
was unable to discuss it, but will do so at their next meeting.
Mr. Harris asked to have the Iiuman Resource Commission discuss it first Uefore Che
Planning Commission acted on it..
UPON A VOICE VOT�, ALL VOTING AYE, CHAIRPfAN i1ARRIS DECLARED TAE MOTLON CARP.IED
UNANII�SDUSLY,
�
ELANNZNG COMMISSIQN MEETING SEPTII�iER 12 1979 PAGE 15
Mr. Boardman also passed out a notice of a Public Hearing before the Blaine Planning
and Zoning Commission.
MOTION by Mr. Langenfeld, seconded Uy Ms. Hughes, to receive and discuss the notice
o£ a Public Hearing before the Blaine Planning and Zoning Commfssion.
tIPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN ItARRIS DECLARED THE MOTION CARRZED
UNANIMOUSLY.
Mr. Boardman explained the area of discussion was located on Highway 47 and SSth Avenue.
He said Chey were concerned with the drainage of this development because it will drain
into Spring Bxook. Coon Rapids has promised ponding when they develop, this area and
it is hoped Blaine will do the same. He said the staff will keep an eye on it and re-
post to the Planning Commission.
Mr. Boardman also reported that they had received contracts from HUD on their Large
Family Housing Progzam. They went before Council on Monday with a resolution to allow
the establishment of contracts between IiII➢ and the City of Pridley. It is a$12�,000
gxant available to £amilies of 5 membexs ox more. Iie said the monies will be used to
6uy and repair 2 stxucCures and build 5 new structures. These are individual homes
and not townhouses. �
10. REC�IVG ENVIRONMENTAL QUALITY COMMISSION MIA'UTES: AUGUST_Z_1�1979
MdTION hy Mr. Lanvenfeld, seconded by Ms. Schnabel, to receive the EnviYOnmental
Quality Commission mi.nutes oE AugusY 21, 1979.
Mr. Langenfels wanted to point out the motion on page 2 regarding x'eceiving information
on Che relocation of Highway 10. He also pointed out the discussicn oa page 3 regarding
the North Managemene Committee. He said they did noL- have enough information at pres-
ent to call a Public Hearing.
Mr. Boardman said someone from staff will be attending these meetings and recei.ving
all documents on it.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DfiCZARED TITE MOTION CAFItIED
UNANIMOUSLY.
AD30URNrSGNT
MOTION by Mr, Treuenfels, seconded Uy Mr.. Oyuist to adjourn the September 12, 1979,
meeting of tlie Planning Commission.
UPQN A VQIGE VOTE, ALL VOTING AYE, CHAIRPIAN HARRIS DF.CLARES TtIE tSEETING ADJOIIRNEII AT
il :59 P oD4.
RespectLully submi.tCed,
r/��.";[1�.� �"7:',/�
Yaula S,on�;, P.ecording/Secretary
Attachment to Planning Commission Minutes of September 12, 1979 Page 16
City of Fridley Planning Commission September 11, 1979
Fridley City Hail
6431 University Avenue N.E. .
Minneapolis, MN 55432 '
Gentlemen:
In regard to the request for a Special Use Permit, S.P. N79-11, by
Allen M. Johnson to ailow the installation of self-service gasoline pumps
at 7751 East River Road N.E. in fridley, Minnesota, we wish to state that
we are very much opposed to the issuance of a permit for this purpose.
The traffic situation along this area of East River Road is already at a
dangerous tevel and continuing to get worse because of the development
of the area east of East River Road and no access across the BN tracks
except at 77th Way N.E. This causes much delay and 7ane switching because
of people turning into 77th from East River Road.
A convenience store will generate more of the same only a 150 yards north
of 77th and the addition of gas pumps wi71 make the traffic situation impossible.
We would also comment that even a convenience store is a very poor choice
for this location as there is no pedestrian crossing (with a light) north
of Osborne Road and the store will create an attractive nuisance for children
living west of East River Road. These children wiTl be tryin9 to cross thSs
road in a very congested and dangerous area.
We are writing this letter because we must be out of town on the date of the
hearing but want our protest known.
Yours truly, �
4��� �?1 C _ �` �Z%w �""__ f �. G: %%.e.✓.9
Lloyd E. and Mildred J. Myers, �r.
132 Stonybrook Way N.E.
Fridley, Minnesota
LEM:am
Attachment to Planning Commission Minutes of September 12, 1979 Page 17
n0'l'fCl; t�1= PUY,i.IC ill:ARING
BF;PORl: Tflii BI,.�I�L PI.A`ViNG
A�D 'LO\[tiG COi,,�tISSI.ON
YL�:.hSL' 'TAKI; :�0'fICI; �that tlie Plan�i�in� and Zoni.n;; Co;,u:iissi.on
of the Git}• of Blaine, Dfi.�inesota i��i11 held a ptibli.c i�caring on
i'he followiny application:
CASIi: 79-59 - Sub�3iv:ision
��ppLIC;�\'P: B.'�'.L. Devcl�7pr�ent Cor�>oration Uy Ken �ielscn
LOCATTON: SStih Avenue and T.H. 47
PETITIO�':
The au,�licant i�ishes Lo subdivide 6.27 acres'i_nto 4 lots
int.ended for develo�nent of retail trade;serr.ice businesses. 'Phe
present zoning oi the parcel is B-3 (feneral Busi.ness); no change
in zoning is requested.
TN�°. SU'?3•J]iCT PARCEL 1S b10RL P,4RT7CUL,4Ri,1' llE5C2TBTD AS:
Tliat part o� Section 31, Toi�r2ship til, �ange 23, luloka County,
Minnesota lyins ti�iesterly of the '.`�esterly right-of°iaay 3-ine
of S�ate I�igh-��ay No. 47 and �ortherl}' of the \ortherly right-
of «ay line of 85th Avenue.
I-IE�F:ING DATE F� TIi�fE:
Said hearing ti+'ill take p7ac:e on !`:ec'..r�esday, Sentember 12, 197Q,
at the B3aine City Hall Council Chambers, located at 915U Central
Avcnue N.E., $laine, DTi.nneso�a at 5:00 p.m.
All. interested persons are i_nvited to attend and be I:eard.
Persons ti�ho r�av have c;uestions ma)' call Denartrnent of Cormntmity
DevelepmenY, City of Blaine 784-6700. �
JoyceTi��istol,
City Clerk
Datcd: Ati�usi, 23, 19;9
Publi�hed in the Blai�le-5�ring La]:c Parl. "L�ife" - 1�t�gust 37, 1979
�
LV I .71 L1 � ni ��-.
CITY OF FRIDLEY
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APPLICANT:�"
ADDItESS• � "zD G�L�ce v*-�-=!/i UL'o���%�i�-�� •,�?;.ii�3
Street City Zip�Code
7'�LEPHONE �{ .S � � 0 .� �
Home �
1 PROPERTY OWNEEt(3) C-�K-��%� � ' " ' - ` - -
�� �. ��
18
Applicant's Tlame
Lot Split -
llute Filed:
Fee:$���ieceipt 'Te
Council Action:Da�e
ItFMKARKS:
3 "�
nnDx�ss(ES)iv�a G�.� c°,.�� 4'ioa,i� 7ts,!'T,li2,- zi c�e
Street �ztY � . p� �
( �� cr
5treet City Zip Code
TELE'PHONE #(S) � 7 " 5� �
Home B���
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Property Loc3tion o.n Street
or Exact 5treet Address (IF �
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y 3 2 o c S—s-
of
Propez'ty:
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J�-� .�„
Zoning ClassiSica
2''ne undersigned hereby declares that ell the £acts and
zepresontations stated in this applica.tion are true and
correct.
T�ATE:
BELOW POR CITY USE OhrLY
BY STAFF AATE
(Se� reverse side for additional instxuctionr
• Hemarka: . .. _
pLANNING CONL"IISSION: Drste oF Consideration -�,;
Remaxks: —
CITY COUNCIL: Date of Considerntion -
Remarks:
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ADDRESS: �
T�sxorr� #.
CITY OF FRIDLEY
3 ����,�A�`7' �-c 7�- �'�
Street Cit� Zip Code
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'''�`' � �'� =�---==— ---
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Applicant's
Lot Split ' -v�
Date Fi e : G
Fee:$
Council Action:Date
REMARKS:
nnnx�ss(ES) �
Street City Zip Code
Street City Zip Code
TELEPHONE �(3�
Home Bus9ness
Property Location on Street
or Exact Street Address (IF_ANY} -
�� f��.
Reason
Area
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coxrect.
AATE:
BELOW POR CITY USE �tdLY (See,xeverse side £or additio.nal instructions;
CHI3CKED BY STAFP D.'�TL
ltemarka: . ..__ -
PI,ANNING COMAIISSION: Date of Considexation -
Remarks:
CITY COUNCIL: Date of Coiisideratios� -
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CITY OF FRIDLEY
APPLICANT: � x e w+� la �j ls-� S.y�
ADDRE5S: 37- 3 Towh �;�w A,.o NF Mn�.
' Street City Zip Code
TELEPFiONE # 7 8/- I �! Z 9
Home Businesa
r�tOr�t�^r Owxr�t(S) Sb,-•-� �
Applicant'o N�me
Lot Split - D
Date Filed: i ll
Fee:$ Receipt � 'oit
Council Action:Date
REMALZFCS : _
ADDRESS(ES) Zi Cale -
Street City P
TELEPHONE #(S
Street City Zip Code
Property Location on Street � j
or Exact Street Address (IF ANY� 7 G i� r�} h IP s� N� _
Legal ➢escription of Froperty:
� i3Y� 6F �OTS ��� O F
in�,_�, O� f�e � 9il
'+� � eason for Lot Split:
� �/{, � I.
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l.arqe , su6staNdaY
'� S� b d :
low � w;t1, p ea�) lof ;� es tabl�sl,cd
H,nde.zfe pr�eed P�r;�ie����l �rea, W;/l r.lake �wo (ots oF
more �1,a� 7500 s,+��, �or s�nqle , f<,-.,; l� ko�,..es
Total Area of ?roperty !S o Y O sq. f.t. Yxesexit Zonino Classification j
The undersigned hereby declares that all the facts and
representations si;ated in this application are txue and
correct.
DATE: %`��' � �I
BFLOW FOR CITY US� ONLY (See xeverse �id@ £or additional instructions;
CHLCKED RY STA1�I' DATB
Remtuks: - _ . ..._
PLANNING COMMISSION: Date of Consideration -
Reaarlcs : -
CITY COUNCIL: D�te o£ Consi.derai:ion -
Remarks:
,
r.., _ ,
�.
� LS
�� � CITY OF FRIDLEY
�� 8137 UNIVEHSITY AVENUE N.E.,. FRIDLEY, MINNES07A 65432
. TELEPNONE ( 812j571-3q50
September 19, 1979
TO WHOM IT MAY CONCERN:
The Planning Commission of the City of Fridley will be holding an
informal meeting on Wednesday, September 26, 1979 at 7:30 in the Council
Chamber ta consider a requsst for a tot Split. This request is to split
off Lot l, Block 3, Shaeffers Subdivision #1, lyin9 East of the East 90
feet thereof, and Lot 2, Block 2, Shaeffer's Subdivision #1, except the
East 90 feet threof, to make two building sites for single family homes.
These would proba6ly be addressed as 7562 and 7584 Able Street N.E. The
resulting lot sizes if this lot split is recommended for approval would
be approximately 7520 square feet. We are enclosing a survey of these
lots showing how the petitioner intends to develop these sites. Anyone
who wishes to be heard on this item may be heard at the above time and
place.
RICHARD H. HARRIS
CHAIRMAN
PLANNING GOMMISSION
e
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o�cr�. Pusi.icnTioN ,.
Public Neari?�g .befoxa the City Ylarnzing and Zonis� Cvcmussi,an�
To Whom It May Concem:
Notice is hereby given that there wi11 be a Public NPa,-;ng of the
pla�ing and 7.oning Conrni.ssian of rhe City of Spring Lake Park in
the Spri�g Lake Park Comrnmity Ce�ter at 1301 - 81st Avenue N.E,
� �.September 24, � 1979 , in the Coi.mcil Cl�ers at
7:30 .. to consi r t e okloca�ig matter. •
A request for a Special Use Permit to allow the
sale of used automobiles on Qutlot 9, Terrace
�
Manor 3�d Addition. �
The location is at 8301 University Avenue N.E.
The property is currently zoned C-2
Any and all persons desising to be hear3 shall be given an opportzniity
at the abwe stated time and place.
' � ,`L� ✓�.v'.v
.. ... a B. � �
" City Clerk-Treasiser
Publish
Friday, September 14, 1979
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; 29
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE
PERTAINING TO CERTAIN COMMISSIONS FOR THE CITY OF FRIDLEY TO
ESTABLISH AN ENERGY COMMISSION.
Chapter 6 is hereby amended to read as follows:
SECTI6N 6.01 PLANNING COMMISSION
_ 5.014 Membership Planning Commission
The Planning Commission shall consist of the Planning Commission
Chairman, the Chairman of the Cortanunity Development Commission, the
Chairman of the Parks and Recreation Commission, the Chairman of the
Appeals Commission, the Chairman of the Environmental Quality
Commission ��iQ, the Chairman of the Human Resources Commission and
the Chairman of the Energy Commission.
The Chairman of the Planning Commission sha1T be appointed by the
City Council to serve for a three year term as a voting member of
the Cortmission.
The Planning Commission members serve as Chairman of the member
commissions and are appointed according to provisions outlined in
the Ordinance establishing each of the member commissions.
„ 7he Planning Commission shall each year, from their own numbers,
chose a Vice-Chairman. At any meeting of the Planning Co.mmission if
the regular Chairman. At any meeting of the Planning Commission if
the regular Chairman is unable to attend, the Vice-Chairman shall
act in his place. '
SECTION 6.02 COMMISSIONS CREATED
7here is hereby created the following additional Commissions for the
City of fridley. These Commissions shall be known as:
Parks and Recreation Commission
Environmental Quality Commission
Numan Resources Commission
Appeals Commission
Community Development Commission
Energy Commission
30
Page 2 -- ORDINANCE N0. •
SECTION 6.15 ENERGY COMMISSION
6.161 Pur ose
The Ener Commission is established to stimulate interest in and to
promote an awareness o energy concerns among citizens an
businesses of the City of Fridley, to serve as a resource to the
C�t in the conservation and management of enerqy and ener y
resources, and to advise the City Counc�l the City Manager and
other appropriate C ity Cormnissions on matters pertaining to the
conservation and management of energy includ m g the review and
recommendation of ro rams and olicies within the C�ty
6.162 Scope
The Ener y Commission shall act as an Advisor Commission to the
P anning Commission for continuous community p anning and
development of the com rehens�ve City Goals and Polic�es An
c an e in re ate corrxnunit p annin an comprehensive City Goals
and Policies must be reviewed by the Plannin Commission who will
then make recommendat�ons to tfie ity ounc� .
The Ener y Gommission shall advise the City Council, after olic�
rev�ew y the P anning Commisston in the eve opment o programs to
ive increased effecttiveness and directton in implementin
estab ished City 6oals, Po icies and framewor and recommend actions
as needed relevant to the conservation and management of energy
resources.
" SECTIDN �ld� 6.17 Repeal
ADOPTED BY THE CITY COUNCIL OF THE CITY OF fRIDLEY 7HIS DAY
OF , 1979.
WILLIAM J. N E- MAYOR
ATTE57:
ITY CLERK - MARVIN C. BRUNSELL
First Reading:
Second Reading:
Publish •
. ..'#�'�..
31
PROPOSEA
CITY OF FRIDLEY
ENERGY POLICY
STATEMENT OF PURPOSE:
Energy Project Committee
July 24, 1979
This Energy Policy has been established for the purpose of providing
an-.Energy Policy and Contingency Plan for the City of Fridley, Minnesota,
This Policy sets forth procedures for the conservation of energy,
particularly those sources of energy which are depletable and provide
for a Plan of Action in the event of an acute energy shortage or emergency
situation.
SCOPE:
This Policy provides a set of guidelines for implementation of a
Plan of Action to make the City of Fridley energy efficient. in addition,
3t is in the public's interest that the City plan for and have the
capability to continue its services of providing proCection of health,
safety, and welfare to its citizens. It is NOT the inCent of this
Policy to formulate precise procedures or to categorize specific actions
based upon the availability of fuels used.
I. LOCAL GOVERAAIL�NT & REGULATION
A. Operational Procedures
1. Establish energy e£ficient criteria relating to the city
purchases.
� 32
Energy Project Commtttee
July 24, 1979
INTRODUCTION
The Energy Project Committee is established for the purpose of
providing recanmendations to the Planning Commission for the establishment
of a City Energy Policy for the promotion of energy conservation in Che
City of Fridley.
The United States cannot long maintain the growth rate of recenC
years in our energy consittnption without major changes in our energy
supply patterns.
Our Nation is faced with many problems, one of them being that our
government is unable to move toward a unified, workable, productive
8nergy Policy. Governmental units have a vexy significant role to play
in dealing with onr energy dile�a. We, the Energy Project Courcnittee,
concur with the initiati,ve taken by the CiCy Council and Planning Commission.
The Energy Project CommiCtee full� supports the 3dea of conservation.
This Committee highly recommends that (through the Planning Commission)
a resolution be passed by the Fridley City Council alerting municipal
employees and Che citizens that energy conservation is the official policy.
Therefore, this Cammittee, hereby submiCs to fhe Planning Commission
the enclosed recoa�ended ENERGY POLICY FOR T1iS CITY OF PRIDLEY.
���
Proposed City of Fridlev Energv Policv pgKe Z
2. Snergy efficiency sha11 be given priority in all city
construction or renovation of propexties.
3, Authorize an Energy Audit of all ciCy-owned structures,
including feasibility studies for retrofit projects based
upon life-cycle-costing and establish energy budgets and
management programs to monitor and regulate energy use.
Seek funding for those projects found to be feasible.
B. Maintenance and Operation
1. Evaluate the placement and operation of street lighting in
view of modern technology, including a consideration of
replacing existing units with the more efficient high
pressure sodium type.
2. Consider a restriction on lighting of recreational areas
(ball fields, skating rinks, tennis courts) through the
use of time clocks, coin-operated switches, etc.
3. Install flow restrictors in, and lower the temperatures of,
all city-owned domestic hot water systeais in accordance
with the Minnesota Energy Code (ASHRAE 9Q-75, 7.4 and 7.7).
4. Schedule the mainCenance and cleaning of all city-owned
faciliCies taking into consideration peak-pok�er demand.
5. Random-Cycle security lighting should be considered for
use on all city facilities.
6. Minimize decorative lighting of city-owned facilities.
7. Prohibit the idling ef city-owned vehicles when parked,
except £or emergency vehicles.
8. Revise the snowplowing policy irom "scrape clean" to
"make passable"
33
Proposed City of Fridley Energy Policy Page 3
C. Education
1'. Ialtiate a training program for all city employees
concerning their job-related energy consumption.
2. Provide futtding for the coutinual training of Fridley
Building Inspection personnel on the Minnesota Energy
Code and its revisions.
3. Include data on energy consearvation in city newsletters.
D. City Rules and Regulations
1. Modify zoning ordinances to encourage energy-efficient
dwellinga.
2. Provide for flexibility in building construction to
permit innovation for energy conservation and the use
of alternative energy sources.
3. Establish a city ordinance regulating the Solar Rights
(direct heating, wind power, etc.) of property owners.
4. Revise all city ordinances with viewpoint on energy.
E. Contingency P1an
1. Create a fuel allocation plan by the establishment of
departmental priority.
2. Adjust the operating sched�les of City departments to
minimize enexgy use.
3. Close all recreational and other non-essential energy-
consuming facilities.
4. Halt the use oi all City-owned vehicles except emergency
units,
- 3`+
_�_
35
Proposed City of Fridley EnerRy Policy Page 4
5. Concentrate offices and maintenance areas into closet
quarCers so that resulting unoccupied areas can be closed
6, EsCablish a CiCy Ordinance regulating the operating hours
of retail bUSinesses in the event of a£uel emergency.
7. Provide a designated official with the authority to declare
an energy emergency and implement the above procedures.
8. Rorm a citizen's group to assist the police and other City
departments in the event of a brown-out or other energy
emergency.
II. CITY COORDINATING UNiT - The Fridley City Government should provide
leadership to coordinate all energy activities. A City Energy
Administrator would be appointed and would have a variety of responsi-
bilities such as: (1) coordinating funcCions; (2) active participant
in State and Federal energy programs; (3) a focal point for the
purpose of lobbying for the interests of the various groups; (4) the
primary agency for other local energy concerns in Yhe residential
sector; and (5) implementing an Energy Incentive Program. Each of
these is described in the following sections;
A. Commercial, Industrial, and Institutional - Each of these groups
would be organized with their own energy "association" for the
purpose of collective management of energy within their own
specialized field. A City Energy Administrator would be responsible
for orgariizing and coordinating the activities of each group and
would serve as a£ocal point for information cross groups. Tn
our view, the principal areas of interest are:
�'`
/
36
Yroposed City of Fridlev EnerRY policy __ Page 5
1. Co-generation of steam and electrical power
2. &ecycle product
3. Uses of renewable energy sources
4. Energy audits
5. Increased energy efficiency in space condit�oning
6. Awards and 3ncentives
7. Emergency planning
8. Loans, grants, industrial bonds
B. Residential Conservation - Assist ciCiaens in monitoring and
applying for State and Federal Government programs relating to
energy conservation in the following areas:
1. Insulation
2. Target-use figures
3. Renewable energy
4. Public information
5. District heating
6. Energy efficient standards
7. Lighting
B. Loans, grants, volunteer programs
9. Recycling center
C. Transportation - To encourage and promote energy conservation
at the state level, metropolitan level, and, if necessary, through
lobbying efforts aC state and federal level through utilization of:
1. Electric vehicles
2. Gar/van pools
3. Improved public transit
�
37
Proposed City of Fridley Energy Policv Page 6
k. Bikeway and walking path improvement
5. Loans, grants, volunteer programs
D. Information Resources - To promote and encourage energy
conservation through the following information resources:
1. Library
2. Classes
3. Newsletters
4. Technical information
5. Films
6. Citizen awareness
7. Cable TV
8. Loans, grants, volunteer programs
9. Establish an Energy Information Center and promote energy
education through brochures, classes in public schools,
seminars, and community education programs.
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CALL TO ORDER:
COMMfJNITY DEVELOPMENT CONIMISSi4N
MEETING .
SEPTEMBEA 11, 1974
Chairperson LeRoy Oquist called the September 11, 1979, Community Development
Commissfon meeting to order at 7:34 p.m. '
&OI.L Cl�.L •
Membere Present: LeRoy Oquist, Connie Modig, A1 Gabel., Kenneth Vos,
Sharon Gustafson
Members Absent: None
Others Present: Bill Deblon, As'sociate Planner
Tim Turnbull, Crime Prevention Coordinator
1�PP1i0VAL OF AUGUST 14 1974 COMMUNLTY DEVELOPMENT COP4IISSION MINUTES:
MpTiON by Ms, Modig, seconded by Mr. Gabel, to apprqve the August 14, 1979,
Covtmunity Development Commfssion minutes as wriCtem. Upon a voice vote, all
voting aye, Chairperson Oquist declared the mation carried unanimously.
APPROYAL OF AGENDA:
MOTION by Mr. Gabel, seconded by Ms. Modig, to add the following item as
Item 1 on the agenda: "Consideration of Construction of a Cul-de-sac on
the 500 Block of Glencoe Street". Upon a voice vote, all votiug aye,
Ghairperson Oquist declared the motion cazried unanimously.
T.
� 5'1"kCLC'l •
Mr. Deblon stated that the Canmission members had received a packet of
information relative to this subject, which ineluded a staff report,
copies of petitions by r esidents, and City Council minutes.
Mr. Deblon stated that basically what has happened is that the residents
along the SO� block of Glencoe Street fe1C they had a traffic volume problem
artd requested a cul-de-sac at Glencoe and East River Road. He stated he
would turn the discussion over to Mr. Tim Turnbull, Grime Prevention
Coordinator of the Fridley Police Department.
�
COMMUIJITY D�VELOPMENT COMMISSION MEETING SEPTEMBER 11 1979 - PAGE 2
Mr. Turnbull stated that Glencoe Street is bordered bq East River Road,
$road Street, Fairmont, Hugo, and Ironton Streets, and is in the northeast
corner of Fridley. F.le stated his initial.involvement with this program
was at the request of the Director of PubLic Safety at the urging of. the
City Manager relative to the first petition which k�as received �rom the
residertts of Giencoe SCreet, both the 500 and 600 blocks. It was his
fnitiat instruction to go and get a better idea of the concerns of the
people in that area relative to the problem they had brought before the
City Council in the form of a petieion. The first petition was brought
to City Coimcil on April 23, 1979, by Mr. Terry Murphy, 555 Glencoe St.
This petition concerned the traffic problem which they perceived to have
on the 500 and 600 blocks of Glencoe St. As the discussion continued,
there was mention of various types of problems in the area, some of which
were very relative to the type of program he is involved in, and that is
how he became involved in the matter. He stated he was contfnuing his
involvement beyond the Crime Prevention Program, because he initially
started with this and has served as a neighborhood contact to the people,
noa onty to Glencoe St., but to tke adjaeeat streets as well.
Mr. Turnbull stated that this first petition dealt with the problem of
traffic, specifically with traffic moving up and down the street. Ae
stated that there are many areas in the city which have similar types of
prohlems concerning cars and motor vehicles on residential streets, and
Fridley is not the only communi.ty in the T�oin Cifiies metropolitan area
to experience these kinds of problems, It is a common and genuine problem.
Mr. TurnbulL stated that on May 4, 1979, he contacted.about one-half dozen
families on both the 500 and 600 blocks of Glencoe St. and asked them to
elaborate on the first petition. One of these families was the Terry Murphy
family. They determined that it would be to the advantage of the 500 and
600 blocks of Glencoe St, if they would hold neighborhood meetings relative
to the problem to see if the City could offer some kinds of services and to
see-if any of those services could help them with their problems.
Mr. Turnbull stated the meetings were held at the Terry Murphy house (500
block) and the Roger Avery house (600 block). Ehe first meeting was at the
Terry Murphy house and the major concern Che people expressed was the speeding
traffic. After an explanation of the problems with speed bumps and some
other alternatives that would probabZy not be acceptable to the City, they
looked at the idea of possibty c2osing off one of the entrances to the
commercial area between Glencoe and Fairmont on EasY River �oad, They fe1C
on the 500 block that there is a lot of tra£fic that comes from the local
area, proceeds up Glencoe and uses the Fridley Food Market, and tt�en
proceeds back down Glencoe. Atong with that is the fact that soma of the
people using the street are not driving properly. Their initial attempt
to solve this problem is to. request a cul-de-sac at the intersection of
Glencoe and East River Road. This petition (�k2} was submitted to City Council
on May 31, 1979. Page 2 of that petition explained some of the responsibilities
involved with cul-de-sacs and was part of the petition as it was sent around,
so the petitioners were aware of the resporisibility factors involved.
COMMIAQITY DEVELOPMENT COMMISSION MEETING SEPTEMBER 11 1979 - PAGE 3
Mr. Turnbull staCed they also implemented the Crime Prevention Program at
these meetiugs; and since that time, after some initial confrontations and
strategies being implemented, there have been very £ew, if any,disturbances �
in that area. There had also been some progxesa ott some o£ the other problems
mentioned at the City Council meeting, so now they were dealing primarily
wiCh the problem concerning eraffic. �
Mr. Turnbull stated that shortly thereafteY, there was a third petition
suhmitted to City Council to not allow the improvements on Glencoe St, and
that petition was signed by a number of people, most of whom lived on Che
600'block of Glencoe, Hugo, Fairmont, and East River Road. At that time,
as Che petitions were received, the City Council referred this problem to
the Canmunity Development Commission and delegated the responsibility to
Staff to provide the Community Development Covmu.ssion with some information
relative to this prohlem.
Mr. Turnbull stated that the Community Development Commission should draw its
attention to the traffic problems and its relative affecC on the request for
a cul-de-sac. The other problems were being handled by the Police Aepartment.
Mr. Turnbull passed out copies of a memo dated Septemher 11, 1979, from
Robert Aldrich, Fire Chief, stating that the Fire Department does not favor
cul-de-sac arrangements because Ctiey severely resxrict and limit the mobility
of fire apparatus. As to the Glencoe cul-de-sac, this would also tend to
increase response time due to the limiting of access.
Mr. Turnbull stated that the "Traffic County Study in the Glencoe Street Area"
prepared by the Engineering Department showed that Glencoe Street has about
the s azne traf€fc count as does Faitmont, Hugo, and Ironton Streets.
Mr. Turnbull stated that• the Police Department's coasideration for the
cul-de-sac would be two-fold: (1) There would be less access for the patrol
cars; (2) On the positive side, the improvement would obviously eliminate
the through-traffic.
Mr. Turnbull stated that on page 5, the Summary staCed thaC "the research done
to date on the part of,the Staff would indicate thaC the development of a
cul-de-s.ac at East River Road on the 500 block of Glencoe St. not be recommended
at this time. However, other alteznatives may exist which could answer the
problem and be compaCible to the Riverview Heights area as a whole...... It
is difficnit Co proceed with alternatives at this point in time due to the
vacancy of the Public Works Director. Is is,therefore, the reco�endation
that upon the hiring of a new Public Works Director, the possible alternatives
be developed to provide a comprehensive approach to this problem if such an
approach is viable.^
Mr: Oquist suggested the possihle alternative of Ulocking the entrance to
the Fxidley Food Market on Glencoe Street.
COMM[JNITY DEVELOPMENT COt�R4TSSI0N MEETING SEPTEMBER 11 1979 - PAGE 4
Mr. Turnbull stated that was an alternative that should undergo some serious
evaluation before a cul-de-sac.
Ms. Modig stated that there were aLready complaints ebout the speed of fire
apparatus to fires. With a cul-de-sac, that would increase the problem.
Mr. Gabe1 stated a cul-de-sac at Glencoe and East River Road would set a
precedent for people on other streets with similar traffic problems.
Mr. Turnbull stated that the residents in this area were working very hard
in trying to solve their problems and they were looking to Che City for a
solution. It was very important that the City find a way to respond. He
felt they deserved some consideration for their efforts.
BY
2.
GABEL, TO RECOAII�fEND TO CITY COUNCIL
ACCESS FOR EMERGENCY VEHI
N OF SECTION 211.0613 OF
ST. IS APPROXIMATELY 800
BY RESIDENTS OF NETGHBOAI
D TRAFFIC DUE TO THE BLOC
ENT COPIDiiSSION IdOULD ALSO
TO THE TRAFFIC PROBLEMS.
N OQUIST DECLARED THE MOT
THE CITY CODE, BECAUSE
THE
Mr. Deblon stated that he had talked to Alderman Mark Kaplan, one of the
authors cf the Minneapolis Ordinance related to Housing. In their city
attorney's opinion, the 120-day notice and the relocation payment were not
constitutional. So, they are trying a different approach and are in the
process of writing a new ordinance based on a permit process.
In answer to Ms. Modig's request at the last meeting that renhal conversion
ordinances, if any, be obtained from other coirnnunities, Mr. Deblon stated
that there are no otYeer communities at this time that have that kind of
ordinance. At this time, Minneapolis is leading the way, and he thought
Fridley could benefit from Minneapolis' process.
Mr. DebZoa stated that at the last meeting, he had stated that he and
Ms, Christlieb, Housing Specialist, would be doing a windshield survey
to locate how many low and moderate income apartments might be potential
conversions in Fridley, Ae stated that they did not get a lOCP/, calculation
from the survey, but from what they saw, Fridley has enough moderate income
housing and does not have a problem. Out of 2,985 multiple family units,
2,119 are affordable to low and moderate income Eamilies.
COMMUNITY AEVELOPMENT COMMISSION MEETING SEPTEMBER 11, 1979 -_PAGE 5
Mr. Deblon stated that there was to.be another meeting on October lst
at 2:45 p.m. on the new propased Minneapolis ordinance if any of the
Commission members wished to attend. He stated he would be attending
and would keep the members intormed ot the progress on this ordinax� e.
Mr. Oquist stated that the Commission might want to direct Staff to ask
the City Attorney to give the Commission same legal guidelines on what can
be done with the "condos". Some questions the Commission have are; Can
we use a permit process? What can be legally done to govern conversions?
The Co�ission members concurrad that they would like Staff to seek legal
advice.
MOTION by Ms. Modig, seconded by Mr. .Gabel, to continue discussion on
this item at the next meeting. Upon a voice vote, all voting aye,
Chalrperson Oquist declared the motion carried unanimously.
3. CONTINUED; CONSIDERATI�N OF STATtTS OF UNtTSSD :ALLEYS IN FRIDLEY:
Mr. Oquist stated that aEter their tour of the unused alleys in Fridley,
he felt that those aileys that are truly unimproved that don't have any
property on Chem chould be vacated, Nothing can be done about the improved
alleys, He felt they had to take a closer look at those alleys that are
being used for access to garages, yet the alleys are unimproved. Maybe
these alleqs should jusC be left as they are unless the people request
vacation.
Ms. Gustafson stated she felt fhis would be beneficial to get §omr_ feedback
from some of the property owners to see what they would like done with
some of these alleys.
Mr. Oquist asked what happened if the City would surface an alley, but did
not want to maintain that alley? Can the City vacate a surfaced area or
does the C3ty have to deed it over to the property o�.mers? Mr. OquisC
asked Mr. Deblon to £ind ouC the answers to these questions for the next meeting.
MOTION by Ms. Modig, seconded by Ms. Gustafson, to continue discussion on
this item at the next meeting. Upon a voice vote, a11 voting aye,
Chairperson Oquist declared the motion carried unanimously.
ADJOURNMENT :
MOTION by Mr. Vos, seconded by Mr. Gabel, to adjourn the meeting. Upon a voice
vote, all voting aye, Chairperson Oquist declared the September 11, 1979,
CommuniCy Development Commi.ssion meeting adjourned at 9:30 p.m.
Respectively sub itted,
GL,Gt-4.�
yn . Sa6a
8ecording Secretary
de*se!�
CITY OF FRIDLEX
APPEALS COMMISSION MEETING - SL�PTEhIl3&R 18, 1979
CALL TO ORDER:
Chairwoman Schna6el called the Septenber 18, 1979, meeting of the Appeals Cormnission
to order at 7:30 P.M.
ROLL CALL:
Members Psesent: Ms. Schnabel, Ms. Gabel, Mr: Barna,�Mr. Kemper
Members Absent:
Others Present:
Mx. Plemel
Clyde Mozevetz, Engineering Aide - Adm.
APPROVE APPEALS COMMISSION MINUTES: AUGUST 28 1979
MOTSON by his. Gable, seconded by Mr. Barna, that the Appeals Commission minutes of
August 28, 1979, be apprwed as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCH23ABEL D$CLARED THE MOTION CARRIED
UNANIMOUSLY,
1.
N,E, (Request by
, fiQo Janesvil.le Street N.E., Fridlay, Miv.
MOTION by Mr. Kemper, secondad by Ms. Gable, to open the Public Hearing.
UPON Li VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLAKED THE MOTIOid CARRIED
UNANIMOUSLY. PUBLIC HEARING OPENED AT 7:32 P.M,
Chaixwoman Schnabel tead the staff report:
AIk1INISTRATIVE STF�I'F REPORT
600 Janesville 5t. PI.E,
A. P17BLZC PURPOSE SERVED IlY REQ(IIREP7ENT:
Section 205.053, QS, ##5a, requires a side yard width on a street side of
a corner lot to be not less than 17.5 feet
Public purpose served by this requizement is t.o maintain a higher degree
of traffic visibility and to reduce tne "line o£ sight" encroachm�t into
the neighbor's front yard.
B. STAT�D HARDSHZP:
"I need a two car garage as I have t�ao cars and this is the most practical
way to do it."
APPEALS COhA1ISSI0N MEETING SEPTEhII3ER 1$ 1479 PAGE 2
C. ADMTNISTRT�TIVE STAFP RF.'VIEF7:
This property is on the corner of Broad Avernie and Janesville Street with
the house and exis.ting attached sir.gle car qarage facing Janesville Street.
The garage ad$iL-ion of 11 �eet o�ill bring.the structure to within 10.4 feet
of the property line and to wittiin 20 feet of the street (9� Eoat boulevard).
The property to the rear o£ these lots does not face onto the side street
so theze would be no encroachment into their "line of sight". The staff has '
no obiection to the addition as long as the garage door opensto 3anesville
Street and that nothing be placefl an the 25 foot triangular vision safety
control zone.
Mr. bioravetz said he wanted to re-define the area on the northeast corner located in
what is called the "vision safety cont�ol zone". This is an area ZS feet to each
side of the corner and must be �Cept visually clear Eor. traffic. Plantings of not
more than 4 feer, high are allowed here.
Mr. Ronald Williams, 660 Janesville Street, came forward to explain his requeet:
Ae said he had a single car garage £acinh Janesvzlle Stree.t and wanted to build an
addi�ion to r�ake it a 2 car garage. Without the variance, he could only add 4-1/2
feet, which was impractical, lle had talked to the neighboxs and heard no complaints.
Ms. Schnabel asked if this n�' ga:age addition canuld tie in with the nec� additioii on
the home.
The petiti.onex said they t�ould nat actually to�sch, but the roof lines would tie in.
Mr. Kemper asked what the boulevard :s along this street.
Mr. Williams said 9^1/2 feet and the new garage will be 20 feet from the curb. He
said the house to the nor*fi would be almo�t in line with this addition.
4tr. Gabel asked the width of the dri.veway,
Mr. �ai1]iam� said it was 16 feet at the curb and 18 f.eet by the garage.
iis, Schnabel asked for commencs from the audience. There were none. �
MOTION by Mr, Barna, seconded by Mr. Kemper to close the Public Hearing.
UPON A VOICE VOTR, ALL VOTING liXE, CHAIRWQMAN SCiINA�EL DECLARED THE MOTION CAR1tIED
tR`IANIPiOUSLY. PUBLIC 1�CAT:IN.= CLOSED AT 7:44 P,M.
MOTLON by Mr. Kemper, seconded by Mr. Barna to reconmter.d approval oE the
variance request pursuanL- to Chapter 205 of Y,he Fri.dley Czr.y Code, te reduce the side
yard width on a street side of a corner lot f-rom CIie required 17-I/2 feet to 20.4�
feet, to allow an 11 foot addition to an existi.ng attached garage, iocated on Lot.s 50-
y2, B1xk Q, kiverview 21eiglnCS, the' same 6cir.g 600 Janesvil.7e Street N.F., with the
2 following stipulatzons; 1. the garage door opens tc� Janesville Streat, attd; 2. A
visual safety control zone oe kept on the. noztheast cornex of the lot.
APPEALS COMhtISSION MEETING, SEPTEMBTsR 18 1979 PAGE 3
UPON A VOICB VOTE, ALL VOTING AXE, ClIAIRWOMAN SCHNABEL DECLARED TfIE MOTION CARRIED
UNANIMOUSLY.
2.
t by Rosemary Landis, 530 Janesville
Street N.E „ Fridley, Minnesota 55432).
Chairwoman Schnabel read the staff report:
ADMINI.STF2ATIVE STAFF REPORT
530 Janesville St. N.E.
A. PUBLIC PURPOSE SERVED BY REQUSREMENT:
Section 205.053, 4A, requires a fmnt yard setback of not less than 35 feet
Public purpose served by this requirement is to allow for off-street
parking without encroaching on the public right o£ way and also for
aesthetic consideration to reduce the "buildinq line of sight" encroachment
into the neighbor's front yard.
8. 5TATED HARDSHIP:
"The building already exists and I would like to inclose 2 sides for a
10' x 16' screen porch."
C. AOMIt�IISTRATIVE STAFF REVIEW:
The existing house is set back approximately 18 feet from the £ront lot line.
7'he house has a jog in the fronL which they wish to screen in for a poxch
which will make the front o£ the house a straight line. There is a 7.6 foot
boulevard on this street. The house to the west has a front yard setback of
26 £eet (verified) and the house.to the east has a£ront yard setback of 35 feet.
Mr. Moravetz said he had no further comments to make.
The petitioner, Rosemary Landis, 530 3anesville Street, came forward.
Ms. I.andis said she would be enclosing the present structure, and presented a scaled
drawing. The idea was to square off the front of the house, and therefore does not
involve any more I�and area.
Ms. Schnabel asked how the 2 roof lines would connect and what type of footings there
was.
r
x1PPIiAI,S COMMISSION M�ETING SEPTIiMBER 18 1979 PAGE 4
Ms, Landis said she was not sure on fhe roo£ line, but the contractor would be working
with the city staff to make sure tfie roof line was acaeptable,
Mr. Barna said this l�ouse has a floating slab foundation and the addition would have
to have the same.
Mr. Moravetz advised the petitionsr to check wiY.fi Darrel Clark on these 2 questions.
Mr, Kemper wanted to know the purpose of this addition.
Ms, Landis said it would be used as a summer porch. Aer living room is small and gets
stuffy during the suu¢ner aud this would �ive an area to sit in without misquitos.
Present2y this area is sometime`used for her son's bike or toys. It would not be used
as a storage area. There would be no windows with glass, only screens.
Ms, Schnabel asked where the entrance door was.
Ms. Landis said it would be on tl�e side by the driveway.
Ms. Schnabel asked if anyone i£ the audience had any comments.
c4r, and Mrs. Larry Korzenocaski, 529 Janesvitle Street, sai3 ttiey lived across from
this home and objected very much to the addition. 1'hey felt the addition would de-
tract from the neighborhood and cause property value to decli.na. They said they wi11
have to look at the porch, which they felt should be on the rear of the home. The
porch would be only 22 feet from the curb. Mr, Lorzenowski said they have lived here
foz 12 years and t"txe hoiae has �een in a constant state of disreQair. They felt L-he
new porch would only add to a ai�re run down appearance,
Ms. Schnabel asked the petitioner if she had ta2ked to the neighbors.
2�".s. Landis said the ones sl�e enntacted did not say one way or the other how they felt.
Ms, Schnabel asked the Korzenowskis if they had contacted other neighbors.
Mrs. Korzenowski said she had tal.ked ta two, but did not feel it was fair to give
their naznes. .Their opinions were negative, however.
Ms. Schnabel asked Ms, Landis how long she had lived in the home. She said 2 years.
Mro Keinper. asked if she wanted to respond to the Korzenowski's cZaims.
Ms. Landis said this was their opinion and she cannot answer for their point of view.
Mr. Kemper asked if during the 2 years NIs, Landis had beer. in the home, had the home
been re�aired at all,
Mr. Korzenowski said no, it wae worse now.
Mr. Barna said since this is being done by a proEessional contractor, could the petitioner'
£orsee having, the brolcen stucco repaired.
Iis. Landis said she would have no objection to tYiis,
Ms. Schnabel said the staff reports the addition woul.d be IS feet from the lot line,
a��!s��
APP�ALS COMMiSSSON MEETING SEPTEMB�R 18 1979 PAGE-5
6ut Mr. Korzenowski said it would be 22 feet.
Mr. Moravetz measured the aerial view and the fuotage looked to 6e closer to 14t
feet plus Che addition of the 7.6 fooe boulevard, bringing iC to 2.1.6* feet.
Ms. Schnabel asked the petitioner'if she had a certi£ied survey. .
Ms. Landis said no, she was told she would not need one. She pointed-out there is a
large tree in her front yard which should block some of the view for the Korzenowskis.
Mr. Koxzenowski said he looked today and it wi11 not block the view. He said he felt
this porch would offset the entire look of the ueip,hborhood. You give a variance for
something like this naw, what will you give a week from now. He thought it would be
detximental to the area.
MOTION by Ms. Barna, seconded by Mr. Keropex, Co close the Public Hearitig.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNAB�L DECLARED THE MOTION CARRIED
UNANIMOUSLY. PUBLIC HEARING CLOSED AT 8:06 P.M.
Mr. Barna noted this house was built in the late 40's. He said there have been many
homes in this neighborhood of the same type thaC have been granted variances, so this
one will not be seCting a Precedent, He said the properl-y is not your ideal home;
'it sticks out, has old stucco on it and he felt some of the neighbor's ojections were
slightly strong.
Ms. Gabel said she agreed and pointed out if Che run^down condition wUs detrimenL-al
to anyone's health, safety or weliare, the city would auComatically step in, She also
feLt the plac^menY. of a porch is a pexsonal choice.
MOTEON by Mr. Barna, seconded by Ms. Gabel Co recoranend Y.o Council approval fox the
variance request pursuant to Chapter 205 of the I'ridley City Gode, to reduce the
front qard setback from the requi.red 35 feet to approximately 18± feeC, to allow the
enclosure of two sides of an•existing structure for a 10 £oot by 16 faot screen porch,
1ocaCed on�Lots 52 and 54, Block F, Riverview Heights, the same being 530 Sanesville
Street N,E.
Ms. Schnabel said she would voCe against the approval. She said there was an objec-
tion by a neighbor so this item has to go to Council. S he said she had driven by the
home and felt it was incompatible visually with the neighborhood because it sits
so close to the street. She thought the enclosed porr}3 would draw it out even more
and so therefore not be in the best interest of the area. Ms. Schnabel also fele
perhaps the money should be spent better on repairs then the addition. She voiced
coacern that the set6ack would be only 14.4 feet, which is moxe than ha.lf allowed
by code.
Mr. Kemper said he agrees with Ms. Schnabel, plus Chere was no real haxdship shown.
UPON A VOICE VOTE, MS. GABEL AND MR. BA1tNa VOTING AYE, MS. SCHNABET ANA MR. II�MMPER
VOTING NAY, C'rLIRMAN SCHNAFiEL DECLARED 17iE MOTION A TIE.
Ms. Schnabel said since this was a tie vute and there had been an oUjection, the item
would go to the Planning Conunission on September 26, 1979 and to Council on October 22,
1979.
APPEALS COMMISSION MEETINC SEPTII�BIsR 18 1979 PAGE 6
Mr. Kemper asked Mr. Moravetz to clarify the footage, 14.4 feet ur 18 feet, before
it goes to these meetings.
3.
by John A. Moncour, 100
N.E., Fridley, Minnesota
Chairwoman Schnabel read the staff report:
ADMINISTRATIVE STAFF REPORT
100 Panorama Avenue N.E.
A. PUIILIC PURPOSE SERVED BY RI7,7UIF2L:MENT:
Section 205.053, 4A, requires a£ront yard setback of not less than 35 £eet
Public purpose served by this requzrement is to allow Por off-street
parking wif:hout encroaching on the public righL- of way and also for
aesthetic consideration to reduce the "building line oi sight" encroachment
into the neighbor's front yard.
,
8. STATF.D HARDSHZP:
"Would like to reduce the front yard sethack by G£eet to add an addition."
C. ADMINISTRATIVE S TTiFF REVI�W:
This property is on the corner of Panorama Avenue and Main Street N.E, and
the house and detached"garage face Panorama Avenue. The �isting house is
approximately 37.4 feet from the front property line and the houses to the
east of this proper.ty are approximately 31.4 feet and 26.4 feet fru�n the
front property line, The 6 fa�t proposed a&dii:ion would make this house
line up with the house dixectly to.the east of it, There is a 7.6 foot
boulevard on this sireet.
Mr. Moravetz said his only comment was that the staff would like the vfsual safety
control zone be a stipulation.
Mr. and Mrs. John Montor, 100 Panarama Ave., said they propose a 6 foot by 12 foot
addition on tlie front of their home. The mindows and casings in this wall area are
in bad need of repaix and they felt since they were going to do that much work and
spend that much money tl�cy might as well put an addition on the house. This would
also give them much needed livin� room space.
r
Ms. Schnabel asked if this addition would go in front of the present fxont door�
�
AEPP.ALS COMMISSION MEL''TING SEPTII�3ER 18 1979 PAGE 7
cseating a new Qntry way to help against heaC losa in the winCer.
Mr. Montour said no, that would creat a snowbouiid area on his roof because of the
gable already there. He said the roofs will be matched by using a shed style roof.
Mr. Kemper said the gahle. could be removed since it �$s not Eunctional. This w�uld
help in conserving heat loss by the door and is another alternative.
Ms, Schnabel said their driveway does not enter off Main Street and would not 6e �
i�ampered by this addition for vision safety.
The petitioner said there is a telephone pole on the corner (visual safety control
' zone) and they have discussed with the city abouC Cheir hedges loczted thexe. Tie
said the outside of the addition wi11 Ue contxacted out and he will finish the in-
side, They have received no negative comments from the neighbor� contacted.
Ms. 5chnabel stated the hardships were; 1. the window casings were rotten and
needed to be replaced, and 2. they needed the additional living space. The home's
dimensions are about 24 feet by 28 feet.
Mr. Kemper said he was concerned about the tie-in of the roo£ lines and wanted staff
to make special note of this.
.Mr. Moravetz said before the building pexmit is issued, typical sections of the roof,
living space and basement would be required. The building inspector will make a11
. notes and requirements right on the blueprints.
Ms, Schnabel asked if anyone from the audience had any co�ents. �here weze none.
Mr. Moravetz`a last conmtent was tha� the nedge.s aa the corner would have to Ue worked
on. You can see around a telephone pole, but not through hedges.
Mr. Kempex asked if this was a new policy with the visual safety control zone and how
homeowners are notified.
� Mr. Moravetz said it was a new policy and with limited staff, they try to inform Che
public thxough the newslettex or letters to a homeowner when a comer is noted.
MOTION by Mr. Kemper, seconded by Ms. Gabel to close the Public Hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAT.Ri^70_MAN SCHNAREL DECLARED THE 1�'IOTION CARRLED
UNAl3IM0ULSY. PUBLIC I�ARING CIASED AT 8:30 P,M,
Ms. Gable felt the addition would be beneficial to the home and neighborhood.
MOTION by Ms. Gable, seomnded by Mr. Barna, to reco�nend ; agQtoval of the
variance request pursuant to Chapter 205 of the rridley City Code, to xeduce the front
yard seCback from the required 35 feet to 32 feet, Co a11ow a 6 foot addition to an
existing house, located on Lot 1, Block 2, Carlson's Summit Manor South, the same being
100 Panorama Ave „ witli the stipulation that the atea involvi.ng the visual sa£ety
conCrol zone be worked out betc�een the home�wner and Che City.
UPON A VOICE VOTE, ALL VOTING AYE, CFLAIRWO�SAN SC1iIv4BE;. DECLAI2ED THE MOTION Ct�tRI�D
UNANIMOUSLY,
APPEALS COMMISSION MEETING SEPTENIIiER 18 1979 PAGE 8
4.
2ND STR�ET N,E, (Request bv Erank Kozlak� 4512 2nd Street NE, Fridlev,.
55432).
MdTION by Mr. Kemper, seconded hy Ms. Gable, to mpen the Public Hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CIjATRWOMAN SCHNABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY, PUIILIC IIEARING OPENED AT 8:30 P.M,
Chaixwoman Schnabel read the stafE report:
,'ABMINISTRATIVE STAFF REPORT
I 9512 2nd Street N,E, •
addition for energy co.,��...____ _
C. AllMINISTRATI�E STAE'F REVIII^]:
The prasent house is setback 35 feet from the fm nt property line along with
the house to the north of it. The property to the south has an p=ivate
_ home _;� on it and it faces 45th Avenue with :.he side yard facing 2nd Street,
The other houses along this b2ock and north of this property are se.t closer
to the street than the 35 foot requir�aent. The addition would not be setting
a precedent in this area for tmnt yard setk�acks. ,
Ms. Schnabel safd there have been several homes i.n the axea that had been granted
the same type of variance requasts.
The petitioners, Mr. and Mrs. Frank Kozlak, 4512 2nd Street, came forward.
Mrs. Kozlak said their neighbor, Mr. Nedegaard had just ouL- a large addition on his
home and their addition would be lined up witlt his. The addition, 10 £eet by 20 feet,
would Ue uced to enlarge the living room area. 11ie fireplace will be useful in try-
ing to conserve on energy during t'he winter months.
Ms, Schnabel said there are shr.ubc on the soi�th side of the property whicli wiil
seclude this addition. She noted the neighbur's addition was yuite large and close
to the properCy line.
Mr. Kozlack said 2 trees will auve to cume out and new front steps poured,
i
Ms. Schnabel asked how the roof lines will tie in.
Mra. Kozlack said they already have a gable roof and this should tie in with Che
addition. There is a basement under the addition.
Ms. Schnabel asked the audience for comments.
Mr. Bxuce Nedegaard said he was a neighbor and very much in favor of the addition.
He stated this neighboxhoodwas mainly older homes on sm�.11er lots and the general
trend w8sto fix these homes, thus making it a nicer neighborhood.
MOTION by MY. Baxna, seconded by Ms. Gable, to close the Public Hearing.
UPON A VOICE VOTE, ALL VOTING AXE, CHAIRWOMAN SCHNABEL DECLP,RED THE M()TION CARRIED
UNANIMOUSLY. PUBLIC IiEARING CIASED AT 3:45 P.M. -
Mx. Baxna £elt this addition would uggrade the home, and CheYe are no visual problems
caused by iC. �
Ms, Gable concurred with this and also with what Mr. Nedegaard said about the people
doing a good job of upgrading the neighborhood.
Ms, Schnabel said she was confortable with the 10 foot vaziance in this particular
neighborhood, as this addition ties in with the rest of the neighborhood.
MOTION by Ms. Gab1e, seconded by Pir. Sarna, to recqmmend approval of the
variance renuest pursuant to Chapter 205 oi the Fridley Cit,y' Code, to zeduce the
front yard setback from the required 35 feet to 25 feet, to allow the construction of
a 10 foot by 20 foot addition, with a fireplace, on Lot 1, Block 3, Rearrangement of
Blorlcs 13, 14 and 15, Plymouth Addition, the sa.mP beiu�; 4512 2nd Street N�.
UPON A VOICE VOTfi� ALL VOTING AYE, CNAIRWOMAN SCANABEL DECLARED THE MOTION CARRIED
UNANIMOUSLY. � �
5
by
C11iLVVl\ 411i Ca uYry �.� r..r� ... .
C. Johnson, 7476 Melody Drive N.E., Fridley, Minnesota 55432).
Chaixwoman Schnabel read the sL'aff report:
ADMINISTRATIVE STF�FF REPORT
7476 Melody Drive N.�.
A. PUIILIC 1'UFtPO5E SERVF.D BY RI3 UIREFIENT:
Section 205.053, 9A, requires a front yard setback of not less than 35 feet
Public pur��ose served by this requirrsnent is to a11ow for oF.f-street
parkin9 withouc encroachinq on Uie public right of way and also for
aesthetic consideratior. Y.o reduce the "building line of sight" encroachment
into the neiqhbor's front yard.
APPEALS COMMISSION MLETING SEPTII�ffiER 18 1979 PAGE 10
8. STATED HAF2DSHIP: �
"We t�ant to add on a family room. In order to do this we need to take
8 feet out of the back of our existing garage; add on an additional 12 feet
to create a family room. The entrance to the room from the house via door
which was originally used to enter garage from house. Also we"want to add
an additional 8 feet to fxvnt of garage to maintai.n a double size garage.
We oould not accomplish a room with a direct entrance without using said .
amount oE garage area. Thus we axe limited on the amount of footage we
can go out the back and still have a direct entrance."
C. ADMINISTRATNE STAFF REVSLW: . � � �
The existing structure is setback 35.2 feet fran the front property line.
The addition would make the setback 27.2 feet from the front property line.
The houses along this street were all proposed to be set back at the 35 foot
minimum. If the Board moves to approve this request, the staff has no
stipulations to recommend. _
Mr. and Mrs. Herbert Johnson were present for the request.
Mrs. Johnson said they would have to connect the addition to the home as shown on the
plans because of an eYisting kitchen door and bathroom, plus because of the pool in
the backyard.
Ms. Schnabel asked if they would be using part of the existing patio.
Mr. ,7ohnson said about haZf or 12 feet. They would build a new patio later. He also
stated the addition in the front tnay only be 6 feet instead of 8 feet. Mrs. J�hnson
sti±d it woceld have a gable roof in the £ront and a shed root in the back so should
tie-in with the rest of the home nicely.
Ms. Schnabel asked how far the pool is from the house,
Mr. Sohnson said 12 feet, give or take a foot.
Ms. Schnabel said the exception of the gable roof and door Y.ie in, the addition c�uld
go alI the way back.
The Petitioners said no because of the pool, this would give them about 3 feet from
the pool to the addition. The uool is almost impossible to move and the liner would
be ruined.
Ms. Schnabel asked why the 2 Eoot �08, was put in the front end of the addition.
Mr. Johnson replied to break up the wall visually on the outside and give storage
area inside.
T1s. Schnabel asked aUout entrances.
The petitioner said the door from the icitchea to the family room would be arched.
Ther.e caould be no door fxom the family room to tiie barage. The only way to get into
��
APPEALS COMMTSSION MEETING SEPTEMI3ER 18 1979 PAGE 7.1
the garage was to go outaide. The room size wil7. be approximately 20 feet by 20 feet.
Mrs, Johnson said ttie homes all. have a 35 foot seeba¢k, but because the street is
curved you do not get a straight si�e view. The front addition would not stick out
and block someone's view.
Mr. Kemper asked about the floor plan and how many people live in the home.
Mr. Johnson said there are 4 hedrooms on the top level, living area on ground level
and a small family room and laundry facilitg in the basement. There are no windows .
and a fireplace in the basement family room making it seem very small and dark. He
said 4 personslive in the home.
Ms. Schnabel asked if anyone in the audience had couanents. There were none.
Ms, Schnabel said she had received a phone call Lrom a neighbor who did not want Che
front addition. She was not concerned about the rear addition. Her r.eason being all
homes in the area have the same setback and this variance could set a presenCient for
the neighboxhood. Ms. Schnabel said she had also been informed by the City staff that
the Gouncilperson for this otaxd called and asked to have this request sent on to
Council, Ms. Schnabel said because of those phones calls, she xecommends the item
goes to Council.
Mrs. 3ohnson asked how this person making the phone call can do this. If she is not
bxade enough to come here tonight, what right does she have to voice any opinion.
Mrs. Johnson said this neighbox had come ovex and talked to her pexsonally� but she
was unaware until now of the phone call.
Mr. ,�ohnson pointed out the Notice of YuUlic IIearing said you had to be here for the
request.
Ms. Sehnabel said this person fell Uecause she was a friend, and did not want to
jeopardize that friendship thaC she did not cars to come.
Mrs. Johnson said she told this Tieighbor to come and air her feelings. She wanted to
know how one pexson in a neighborhood can stop sometlxing like this. If they had a
grudge, it could be used against you.
Ms. Schnabel said that was not the reason or jurisdiction of this commission to stop
you, but to make a recommendation to Council.
Both MT, and Mxs. Sohnson said if they have to wait until the October meeting, it wi.11
cost them time and money. Mrs. Johnson asked why they �oere hexe tonight if it has
already been decided by this Council person that it. should go to Council.
Mr. Moravetz pointed out this commission has to still make a recommendation on the
request.
Ms. Schnabel said she cannot say if the neighbor's reasons axe valid or invali.d, but
titey have been asked to send it on to Council and caill have to do so.
The Johnsons asked why the Council membe: wanted this iCem before Council. Was it just
because of one phone call.
Ms. SchnAbel said the Council member, Cheryl Moses, did not state her xeasons.
APPEALS COMMISSION MEETING SEPTEMBER 7.8, 1979 PAGE 12
Mrs, Johnson said if Ms. Moses wanted this to come beEore Council she should have
contacted them. That seems to he the proper thing to do. She said she would not mind
the opposition if they had been here tonight. The notice sates thiswas a public
hearing and you are to be here to voice your opinion. In her opinion because of this
one phone call, Cheryl Moses got she made her decision and she was not even here to
voice it. She is their council member �oo and neieher one of these people had the
nerve to walk into thia room, Sfie said she felt they had every sight to be upset.
Ms. Schnabel said a problem like this puts the board in an ackward position. There
are people who have comPlained how a variance is handled and she has asked them if
they know of a better w2y to please te11 the commission. She explained this to the
neighbor who called. She went on to say this board serves at the will of the Council,
the members are interested citizens charged with an obligation to other citizens, Thay
do not like to see situations arise where neighbors end up on opposite poles because
of a variance request.
Mrs. Johnson said her main objection was that the notice states you have to 6e here,
and these Z people are not. T[iere was nothing i.n the notice about phone calls.
Ms. Schnabel said the notice does not say they have to be here. It reads . , all
persons with an interest would be givea an opportunity to be heard, She said they
have had people in the past write letters to voice their feelings.
Mrs. Johnson said the notice should be written as such then, stating in persan, letter
or phone call. She said she was so disgusted she would like her $50 back and not
build. The delay wi11 cost them money.
Mr. Morav�tz said if the commisaion, city stafi or neighbor objects, it goes automatically
to Council.
Pirs. Johnson said it does not seem fair that one person in a neighborhooa could stop
this. They will get stuck with higher costs if it was delayed and they are the victims.
If it was a majority objecting they could understand that, but this one person and
her council member who do not ha��e the nerve to walk in here was upsetting.
Mr. Kemper said he thought she was assumming Cheryl Moses had already made a decision
on this. Perhaps she has many reasons for bringing this to Council, even perhaps
their best interest.
Mrs. Johnson said she would be here touight then i£ 5he had their best interest in mind.
Ms. Schnabel said she should call Ms, Moses
of these points. But Iike Mx. Kemper said,
this way.
and discuss this wi.th her, and raise some
she may have certaiu reasons why she did it
Mr. Johnson thought it was very poor on Ms, Moses part to contact the city-at-large
and not them also.
Mrs, Johnson said in their own neighUcrhood there are many instances where people get
away with going agaist the ordinances and no one says an}rthing. Sut you try to make a
change, and everyone says something. If you go about something in the right way, one
person can stop it, which was not fair.
MOTION by Ms. Gab2e, seconded by Mr. Remper to close the Public Hearing.
APPEALS COMMITTION MELTING SEPTEMB�R 18 1979 PAGE 13
UPON A VOICE VOTE, ALL VOTIPTG AYE, CHALRWOMAN SCi1�2ABEL DECLARED Tfi� MQTION CARRIED
UNANTMOUSLY. PIIBLIC I3EARING CLOSED AT 9:26 P.M.
Mr. Barna said with the curve ot the street and the layout of the adjoining homes he
could not imagine where the absent objecting neighbor Iived, except possibly the one
to the east. Ae said he m uld not see where a 6 or 8 foob addition would cut off your
view. He stated he cannot see the objection,but tnere is one.
MOTION by Mr. Bama to recommend to Council approval of the variance request pursuant to
Chapter 205 of the Eridley City Code, to reduce the front yard setback from the required
35 feet to 27.2 feet, to allow an 8 foot by 20 foot addition to an existing attached
garage, so that part of the existing gaiage can Ue used' fnY a family room addition,
Located on LoC 31, Block 4, Melody Manor 4th Addition.
Mr. Kemper said he would like to discuss it more before they second it. He wanted to
know if any front yard setbacks had been given in Melody Manor.
Mr. Barna thought perh�.gs one or two, but was not sure. Mr. Moravetz said none that he
was aware of.
Mr. Kemper pointed out that this was a we11 known neighborhood of several hundred homes
and a11 have an apgarent 35 foot setback withoue questian.
Ms. Schnabel said she questioned the setbacks. This particular home site sits between
Ballet and Jackson Street on Melody Drive. The houses between 73rd and Ballet on
Melody seem more irregular in Che setbacks. This may be only a visual conception due
to the style of the homes.
ifr, Barna said he got a jogging effect going from a 2-story home to a xambler.
Mr. Kemper said he did not mean L-o dr.aw a conclusion and place Melady Pianor on a
pedestal and not allow variances. Ae said this was an important decision, do we wanC
to start allowing variances here.
Mr. Moravetz brought out the aerial photos of this area. The area was complete when
the photos were taken.
Mr. Kemper asked the board if there was a real hardship. It already was a iarge home
and if the addition was build or not, caas that a hardship.
The coa¢nission looked at the aerial photos and concurred a visual jogging affect of
the front yards does occur, but that does not say they are not 35 feet.
Mr, Kemper said the homeowner has done a good job ef maintaining the home.
Second by Mr. Kemper on the motion made by Mr. Barna to recormnend to Council to approve
this variance request.
Ms, Gable said she was noti firmly convinced there was a hardsl�ip. She said she had no
problem with the variance or setting a precedent _ allowing vaxiances here, but with
the EacC there ca2s no hardship proven.
Ms. Scl�nabel said she felt the same way. She thnt:ght the addition could be added unto
ti�e rear wiChout atiy problems. She felt the rcai laardship was with the objections
received from the neighbor and the request by Council peopie to hear this. She said
�
APPrALS COMMISSION MEL�'ING SEPTII�ffiER IS 1974 PAGE 14
she felt very strongly about this, by putting these »eople through something that
was unecessary. She did not think Council could arrive at an easier or better solution.
Mr. Kempex said they should make a lisr for City Council so thev can be aware of the
problems and why this co�mnission acted as they did. The two reasons were:
1, The hardships were not well defined and these hardships may be self-
inflicted, for instance because of the pool position.
2. Therz have been no homes in Melody;Manor granted front yard variances
and this may set a_precedent., C�uncil should be aware of this and
decide if they want to start this,
Ms. Schnabel said she wanted to send to Council another item regarding this, but
would discuss it under Other Business.
Mr. Barna gave his opinion on whaY a haxd.ship isHe felt it was a sitaation that affects
that particular request and if this request will affect the petitioner's life style.
He said in this case there could be scme design change, but it could mean losing the
pool or have the addition end right at Lhe pool edge. This was a Einancial and life
style hardship.
Mr. Kemper said he agreed it was a hardship on properly designing an addition, but
did not feel the City Attorney was attempting to address that, but if there was a real
need.
UPON A VOICE VOTE, MR. I�EMk'ER AND MR, BARNA VOTING AYE, MS, GABEL AND MS, SCHNABEL
VOTING NAY� CHAIF.L70MAN SCI3NABEL bECL�'1i2'r:D TH� N�TION A TIE.
6, VARIANCE REQLiEST PURSUANT TO CHAPTER 205 OF TkiE FRIDLI'.Y CTTY CODE� TO RFDUCE THR
t
by Robert Carl, 4831 31st L�venue South, Minneapolis, Minnesota 55417).
Y?OTION by Mr.. Barna, seconded by Ms, Gabel to open the Public Hearing.
UYON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCI�]ABEL DECLARED THE MOTZON CARRIED
L-NANIMOUSLY, PUBLIC i3PARING OPENED AT 9:43 P.M.
Chaixwoman Schnahel read the sCaff report:
ADMINTS'IT.IITIVI3 S'PAL•'L�' RliPORT
473� 3rd Str.e�L I1,L,
A. PUBLTC PURPOSi? SSii2VLD DY f2E�UIRliP11',N'P:
Section 20;.053, 4A, rcqi;irn� d fro�it yard set:b.zck. oL- not ].c:ss than 35 feet
Publi.c pux'pose served hy tliis rec_rai.rcment i.s to aLiow ior o£f-st'reet-
parkinJ will�out rncr.oachi,rr3 on i:l�c publ.i.c right of: way and a].so for
aesl:heti.c r.onsiderai:iwz t:o reduce ihe "building .line of si.ght" encmachment
into thc neiyl:bo.r.'s ir.ottt: y�rd,
��!!�
APPEALS COMMIS5TON MEETING ST;PTEMBER 18 1979 PAGE 15
B. STATP•.0 IIN2DSIIlP;
�t�]oul.d liY.e to save a big C9ii.nese Elm tree• ��
c. nv;�znzs rzu�rzvt; s��grr iu;vlLSa:
2;zis house i� ts� be located on a 38.12 f:ooF_ 1ot and a 30 £oot vacated street
with an easc�nent retained over ihe nosther.ly 2S ieet of. the vacated street,
r.iaY.ing the placement oi the hou:;e lim.i.tcd., Th�y have positioned ttie house
to avoid cutti.r,g doc,rn a big Chinese Llm tree and also to tal:e advantage of
i-he street curninq that is er.ist-i_ng to avoid the expense of a curb cut.
4'he house to the scuth is set ak 3�i.3 feei- (verified) froru the front property
Zine and the house to the nor�h is set at or about the 35 foot setbacl; (per
the aer.ial photograph),
Mr. Robert Carl addressed the co�nission. He said if the garage was put at the normal
front yerd setback the tree would be 4 feet into the 2nd sta11 of the garage. The
garage door wauld open on to the vacated 48th Avenue with the driveway coming off of
3rd Street.
Ms, Schnabel asked Mr. Carl if he would be bu.ilding and living in the hume.
He said yes, He has put on oFtion nn the 1ot contigent- on getting a building permit.
He stated they would be building the garage and basement and placing a pre-constructed
home, which they have already purchased.
Ms. Schnabel asked if the house could be xeversed on the lot. This would a11ow them
to place in on the lot without losing the tree or needing a variance.
Mr. Carl said then their home would be facing into their neighbors, giving no privacy.
Mr. Kemper asked if the plans were ava�lable in a mirror image.
Mr. Carl said they have already purchased the home and itwas already built.
Mr. Schnahel said the other problem she has with this request aas t�at every or.her
house in this area has the garage to the side or rear of the home, not up front like
this one. It does not seem compatible. She said this was a buildable lot and with
this house plan it has been limited, The present curb cut does not have to be used
either.
Mr. Carl said the only other option caas to have the garage door open on*_o 3rd Street.
'Ehat seems less desirable because with this plan ttiey would put windows in with shutCers
to dress up the garage.
Ms. Schnabel said they consider this a buildable lot and he has set the limitations by
already purchasing a home to put on it. Any other style home would have worked and
fit into the neighborhood.
Mr. Carl pointed out Chey are trying to conserve as much of the backyard as possibie.
With the trees already located along the properCy line and adding a patio this
would give a very private area.
APPEALS COMMISSION MEETING, SEPTEMfS�R 18, 1979 PAGE 16
Ms. Gable said she thought it was a greater hardshi� to have a house and no place to
put it then it was to have a tree to work around.
Mr. Moravetz pointed that tUe northerly 25 feet (Mr. Carl questioned if it was 20 or
25 feet) must not be used for any permanent structures, It may be landscaped.
Mr. Kemper asked if the variance was denied, would they still put the home on this lot.
Mr. Carl said he would still go ahead and purchase the lot, cut down the tree and put
his home on it.
Ms. Schnabel asked if anyone in the audience had co�ents.
Mr, Stanley Thorson, 4775 3rd Street, came forward.
Mr. Thorson presented a petition from the neighbors stating they did not want the
variance request allowed.
MOTION by Mr. Kempe-r, seconded by Ms. Gab1e, to receive Petition �
UPON A VQICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLAREb THE MOTION CARRIED
UNANIMOUSLY.
Chaiiwoman Schnabel read the petition:
"We the undersigned do not want the variance changed for the yard setback froq�
35 feet to 31 feet for 4795 3rd Street. All homes fxom 49th Avenue to the City limit�
on 3rd StreeY are setback to the correct foctage",
The petition was signed by 23 people.
Mr. Thorson �aid the petitioner was worried about losing one tree, but when the survey
was taken for this lot he lost 7. He explai.ned he planted a row of trees and had been
maintaining them tor quite a few years and finds �ut now they are one foot on the lot
next door. He said if the trees are gone (meaning from hi� side of the propurty line)
he did not want them there at all, He said if this vaxiance goes through, he will
chop down the trees.
The Commission advised him to get legal advise first beiore he took such action.
Mr. Thorson also wanted to know why this lot did not have to be 75 feet like the othex
new lots in the City.
Mr. Moravetz said anything p7.atted.after 1965 is required to have 75 foot lots. Anything
plotted Uefore 1965 and stili exi�ting was grandfathered in and therefore could be
smaller.
Mr. Thorson asked why a neighbor. of his 10 years ago could not get this street vacak��d
and �tow it was,
The coimnfssion replied they could not answer or give reasons as to what happened ].0 years
ago.
Mre Moravetz said he thought perhaps the feeling of the Council 10 years ago was to Ic�ep
something (the now vacated street) i.n easo 1t was needed. ., The feeling now was tu
APPEALS COMMISSION MEETING SEPTEMSER 18 1979 PAGE 17
give it back and get in on the tax roll.
Mr. Thoraon said he also received a letter on Nwember 19, 1977 from the City stating
thia lot (38.12 feet) was up for sale. He wanted to know why the letteY did not state
the street adjoining this lot could be vacated at a later date, thus making a buildable
lot. He also wanted to know how this plan got through with the garage facing 3rd Street:
A year ago the same type of request for the house across the street was denied.
Ms. Schnabel said that was rejected because it was on a 40 feet lot.
Mr. Thorson said he just put a large addition on his house and was sorry he did. He
would sell other wise, because he was so disturbed about this mess.
Mr. Kemper asked what his main objection was.
Mr. Thorson said because there was a stxeet vacated and he was unaware that at the time
the adjoining lot was put up for sale the street could have heen vacated, making a
�
larger lot.
Mr. Kemper said he would like to point out that Mr. Carl was not part of that vacation.
Mr. Thorson said he realized that and was not blaming him.
Mr.Kemper said they were here to discuss the variance request and asked if he was objecting
against the variance request or his earlier stated objection.
Mi-. Thorson said both.
The get;.tioner asked what was xequired to withdYaw his variance xequest.
The commission said he could withdraw at anytime, now or later..
Mr. Carl withdrew his varianca request, saying they would cut down only the Chinese Elm
tree and no more changes would take place.
The Appeals Commission recognized Mr. Carl's withdr.awl and informed the a±idience this
request would go no further. Mr. Carl can build on this lot, so long as he meets all
codes and building xequiYement�:
Mr, Thorson asked if the garage could still be put on 3rd Street.
Ms. SchnaUel said yes, as itwas a buildable lot.
Mx. Thorson said he was extxemely upset about this. It would lower pro�erty values hy
$10-20,000. His $20,000 addition was mon2y thrown away.
OTHER SUSINESS:
Ms. Schnabel said she would like to refer an item to Council with regards to item �f5.
She said the aninimity of an objection was not a desirable factor, and Chat has placed
a real burden on this board when makins a decision. The fact that people can call
and complain to us was hard for the petitiuner to accept when they were not aware of
the calls, She thou�ht pextiap� phone calls sliocild not be used when r�aking a decision.
Mr. Moravetz suggested that they could state in the Notice of Public Hearing that any
�»:.
APPEALS COMMISSION MEETING SEPTEMBER 18 1979 PAGE 18
comnents on the request must be given in person or wriCing. He said t,t was one thing
for staif to get a phone call and able to check it out, but when a board caas required
to review and make a decision on the spot that puts.an extra buzden on them. This
would also eliminate anycz^ank . calls.
Mr. Barna added the letters should be signed.
Ms. Schnabel said this was not the first time she has received phone calls.
Mr. Kemper asked Mr, Moravetz to get a legal opinion on this.
Ms, Schnabel said this would make it clear to everyone,when getting a phone call on
a request on what to say to the caller. The staff, board members or Council members
could say the notice states comments are to be received this way and only this way,
She said this may sti11 make some people feel intimina*_ed,'which is not right,
but right now no one knows of a better way to handle a request.
Ms, Schnabel said they should ask Council to approve re-wording of the Public Hearing
notice to read: Notice is hereby given that all persons having an interest therein
will be given an opportunity to be heard at the abwe time and place. A11 commeuY.s
must be given either in person or in writing apd_signed.
Mr. Barna thought a"hardship" should be de£ined better.` What �ras a hardship in
Rivarvi.ew Terrace may not be one in Innsbrook North. He thought each =equest should
be looked at senarately, the life style for the petiti�ner woald give it a more
unique ��salzly.
The other members said. they were uncomfortable in deciding on what someone'e life
st-yIe was cr shotild bea There are too many unknown factars.
t`iDJOURNI�".RNT:
MOTION by M'r. &ama, seconded by P4s. Gable to adjourn the September 18, 1479, meet9.ng
of the Appeal� Commission.
IIFON A VOI�� VOTL�, ALL VOTING AYE, CHAIRWOMAN SCHT9AB�L DECLARED THE M�ETING ADSOURNED
AT I0:45 P.M.
Respectfully suLmitted:
� ' � `���
Paula R. Long, Recordi2Cg Secretary
�� . � �
�� CITY OF FBIDLEY
f
CALL TO 0$DER•
Mr. Langenfeld called the September 26, 1979 meeting of the Planning Commission to
order at 7:43 P.M.
ROLL CALL:
Members Present: Ms, Hughes, Mr. Treuenfels, Mr. Langenfeld, Mr. Oquist, Ms. Gabel
Mr. Harris (arrived at 7:45 P.M.)
Members Absent: Ms. Schnabel (represented by Ms. Gabel)
Others PresenC: Bill Deblon, Associate City Planner
APPROVE PLANNING COtAffSSION MINUTES: SEPTS�ffi8R 12, 1979:
MOTION by Mr, Treuenfels, seconded by Mr. Oquist, to approve the September 12, 1979,
minutes of the Planning Commission with the following corrections:
Mr. Langenfeld said on page 3, the Sth paragraph from the bottom the word emisaion
should be admiasion. Also, on page 12, the 6th paragraph should read: He was ex-
officio on the Planning Co�ission for over a year and this brought about a fu11
citizen participation and felt the establishment of this (Bnergy Commisaion) would be
very beneficial to the City of Fridley.
UPON A VOIC& VOTE� ALL VOTING AYE, CHAIRMAN HARRIS DHCLARED THE MOTION CARRIED
UNAtqIMQUSLY ,
1. LOT SPLIT REQUSST, L.S. �79-04. EDWARD Ti,BAULER: Split off the Westerly 60 feet
of Lot 14, A.S, $22, esccept the Southerly 390 feet, also Lot 30, Block 2, Irving-
ton Addition and adjoining vacated streets and alleys in Irvington Addition, to
be sold as open space for an adjoining property, the same being 1420 Rice Creek
Road N.E.
Mr. Deblon said the lot was 239.2 feet by 194.5 feet. The petitioner plans to split off
the 60 feet on the west side. Staff approached this requeat with a comprehensive look
€or the entire area and felt the lot sDlit as shown would not he in the best interest of
this srea. Mr. Deblon showed a map of the area with a future proposed road on it. He
esid Mr. Boardman placed the road where the surrounding land would be used most efficient-
ly for future xesidential developmen�. He said any future road in this area would have
aite limitation because of the steep elevations.
Mr. Deblon said this lot would only be 60 feet wide by 239.2 feet deep, making it sub-
standard in width. Staff felt this could set a precedent for this area as thexa was
quite a large amount of undeveloped land in the area. He stated the plan as drawn by
Mr. Boardman is not a definite plan.
Mr. Oquist asked if any developer had approached the city for this type of development.
Mr. Deblon said no. The staff was asked to make a comprehensive study of this area be-
fore allowing a small piece of land to be split off. This would foresee future
development complieationsr,
^-�
PLANNING COMMISSION MEBTING SEPTF,L�ER 26 1979 PAGE 2
Mr. Ed Bauler, 1420 Rice Creek Road, was present for the request. He said he and his
neighbor, Mr. Kassel, in 1967 fought it out at that time about the placing of a road
here. He was told if he could come up with an alternative the City vould go along with
it. Mr. Bauler said he came up with the idea of what �+se now Kerry Lane. He ques-
tioned why he should be the only one penalized and have the road put in as Mr. Boardman
suggested. He said the area west of his land was better suited for a road because it
was flatter.
Ms. Har'cis question if Mr. O'Bannan and Mr. Brickner owned some of the undeveloped land.
Mr. Bauler said yes.
Mr. Bauler said this proposed development was for the future, so why should he be burdened
with it now. He explained he lives on a penaion with his wife and they have had high
medical bills in the last few years. Selling this 60 feet to his neighbor would pay
off his debts and let him still give the rest of his Land to his childYen.
Mr. Deblon said the ataff felt the land would be better utilized if developed the way
shown. This would allow Mr. Bauler's land in the future to be split into 3 lots if
his family so desired.
The lot as proQosed by Mr. Baulez would be a north-south lot with access off of Rice
Creek Road. The proposed City development would make the lot pie shaped and would need
road right-of-way from the adjoining property to obtain access to this lot.
Mr. Bauler said his future was now and he has to do something about it.
The commission pointed out that on the proposed development, future lot lines had been set
up through or close to existing hames and did not feel homeowners would go along with
that.
Mr. Deblon said the lot lines would not necessarily go through as drawn, but City staff
was looking to maximize the area for residential davelopment.
Mr. Harris said he thought they should talk with the other progerty owners in the area
and see what their intent was for their land. He thought there was some land already
platted and some building going on now.
Mr. Oquist pointed out to Mr. Bauler that he could get 2 lot splits possibly and make
more money,
Mr. Bauler said he did not want to sell all his land, only what was needed. He Ghought
it was very sad when the City would not Let you sell. your own property. He has been
here since 1938 and has helped build the City and this was the thanks he gets.
Mr. Deblon said the City has to look at the entixe area to see what was best, not just
for now, but for future generations that will live in Fridley.
Mr. Harris asked if Mr. Bauler had talked to anyone on his proposed lot split.
Mr. Bauler said no, only his neighbor who wanted to bug the land for a tennis court.
Mr. Langenfeld pointed out to Mr. Bauler he thought they were using proper planning
procedure and forsight here. He felt if they granted Chis Lot split tonight and then
in the future had to say because of development, the rest of this land would not be
useable, Mr. Bauler would be very mad.
PLANNING COMMISSION MSETING SEPTffi�ffit 26 1979 PAGE 3
Mr. Bauler asked why they could not move the road furthez west and take 1/2 of what
was needed for a road from 2 lots,
Ms. Hughes said this would make many areas unbuildable. They have an obligation to plan
for the futuxe and thoughC the co�ission should get information on this area before
deciding on this lot split.
Mr. Bauler said Mr. Brickner had asked him to sell some of his land to him befare.
Mr. Harris said that was why he felt they should get the intentions of the landowners.
Possibly Mr. Brickner was still interested in buying land from Mr. Bauler.
Ms. Hughes asked what would be done with the lot split.
Mr. Bauler said the adjoining property owner wanted to buy it and use it for a tennis
court.
Mr. Harria questioned if all the area lots were 9,0�0 aqc�are feet. He said if the xoad
was put in the wrong spot, some land would be landlocked and could not be developed.
Ms. Hughes asked about a private road to those 1ots.
Mr. Harris said that brings up a lot of problems and did not think there was xoom for
a cul-de-sac.
Mi�TION by Mr. Langenfeld, seconded by Ms. Hughes, to ccmtinue Lot Split request L,S.
#79-04, until the next meeting to allow staff time to contact the landowners in the
area and see what they propoae Co do with their land, to find out the lot sizes of the
lots to the north of Mr. Bauler's land and also, what the proposed road status was.
UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARKIS DECLARED TEiE MOTION CARRIPsD
UNANIMOUSLY.
Mr. Harris asked the ataff to notify the petitioner if this information was not ready
for the OcCOber 3, 1979 meeting.
2. LOT SPLIT REl?UEST. L.S. �ik79-05. CITY OF FBEDLEY: Split off the West 14.2 feet from
Lot I, Block I, Van Cleeve'e Addition. Already split by County, never approved by
City, Purpose of the lot split request is to make County and City xecords agree.
Mr. Oquist pointed out there were housea already builE here and asked when the County
appxwed this and why.
Mr, Deblon said he did not have answers for those 2 questions, but said it went tax-
forfeit 6 yeara ago. He said the property owner, Mr. Van Cleves, kept 14.2 feet out
when he sold this land (Lot J) to Mr, Erickson. Right now the land was not owned by
Rnyone and is was suggested thaC- the Lot G pick up the e,xtxa 14.2 feet.
He said the City was looking for a possible lot split on Lots 1-4 and also to build a
xoad off o£ Benjamin Street to service them.
Mr. Treuenfels asked if the property owners had been contacted to see if they wanted to
purchase the 14.2 feet and pay taxes on it.
Mr, Deblon said not to his knowledge.
PLANNING COM�IC3SION MEBTING. SEPTE[�ER 26, 1979 _ PAGE 4
Mr. Harris questioned if the City had street right-of-way along the possible lot splits.
Mr. Deblon said no, but they would try to get them.
Mx. Harris pointed out Chis lot was landlocked then. He questioned how the county
could allow a split like this to go through. �I�ey are the ones who registered [he deed
and should not have allawed it.
It was noted the awner of this land was deceased. It also was noted the City of
Fridley owns Lot H and was probably a park dedication at the time of the platting.
Mr. Langenfeld stated Lot C was 75 feet wide on the one end and 63 feet on the end by
Lot I. Could Lot C buy only 12 feet of Lot I and Lot J pick up the remaining 2.2 feet.
Mr. Harris said.no, but it would create a jog in the lot lines. He Chought the City
should put a hold on Lot I, since it was tax forfeit, and not allow Lot J to pick up
the 14".2 feet. He reasoned if the loCS were split in the future and a road put in,
there would be a 63 foot lot in the middle of the block. He said the county wants
to sell this 14.2 feet and get it back on the ta�s rolls. He also wanted to know why
the City was holding Lot H,
MOTION by Ms. Hughes, seconded by Mr, Langenfeld, to recouenend to Council approval
of Lot Sp3it request L.S. �79-05, to allow the County and City records to coincide,
with the following stipulations:
1, The City hold on to Lot I.
2. City staff bring in information on why we have Lot H and what the
future development plans are for it.
iTPON A VOICE VOTE, ALL VOTING AYE,:CHAIRMAN HARRIS DECLARED Tf3E I�fOTION CARRIBD
UNANIMOUSLY.
3. LOT SPLIT RSQUEST. L.S, #79-06. �1PLe1A. INC.: Split off Lot 2, fxom Lot 3,
both in Block 2, Shaffer's Subdivision #1, both lots lying East of the East 90
feet thereof, to malce two R-1 building sitea, the same being 7562 and 7584
Able Street N.E.
Mr. Deblon said this lot had previously been proposed for a double bungalow, but the
neighbors had objected because of the rental factor. This plan calls for 2, 3 bedroom
xambler homes. Mr. Deblon said if they approve the lot split, they would be in a
sense approving the variance for lot size.
Ifs. Gabel said that was not ture, a variance would still be required for lot size.
The homes have been placed on the lot so yard setback variances would not be required.
The lot sizes are 7,520 feet each.
Mr, Deblon informed the petitianer he could build a 2-ca= garage on the northern lot
inatead of a 1-car garage. The garage could be moved closer to the lot line. He also
atated it should be stipulated that utility services will be required and they are not
in at this time.
Mr. Harris said if Council approves the lot size variance, they would be acting as the
Board of Appeals. The co�issions are :normally the reco�ending__bodies for the Council and
it would be unusual foY Council to act as auch.
PLANNING COMMISSION MEETING. SEPTEMBER 26, 1979 PAGE 5
Mr. Deblon said staff was staisfied with the plan and have no problems with the lot
sizes. The land would be uaed at it's best with this proposal.
Mr. Oquiat said 7,500 squaxe feet was Che recomnended size by the Metropolitan Council,
taking into consideration thexe's less land available and trying to lower housing costs.
Ms, Gabel informed the petitioneY he shouLd apply fox a variance request im¢uediately.
This would give enough time for praper notice and would not delay his building schedule.
Ms. Hughes said she thought the proposal was better suited for the area then the first
proposal, Also she was a tirm believer of lowering housing costs and this should do
so. She pointe,d out tha lot sizes were very close in aize to the ones across the
atreet,
Mr. Langenfeld asked if the proper lot size was 9,000 square feet, and theae lots
would be 7,520 squaxe £eet, or a dif£erence of 1,480 square feet, wasn't that a large
amount to allow for a variance.
The lots are 80 feet wide by 94 feet deep, with was 5/6 of what was required or 83%.
Ms. Gabel said it was not out of line and variances have been granted before for
similax xequests.
MOTION by Ms. Hughes, aeconded by Mr. Langenfeld to recommend to Council approval of
Lot Split requeat L.S. �79-06, Exemplar, Inc: to split off Lot 2, from Lot 3, both in
Block 2, Shaffer's Subdivision #1, both lots J.ying east of the east 90 feet thexeof,
to make two R-1 building sites, the same being 7562 and 7584 Abel Street N.E., with
the following stipulation:
1. Drainage and utility easement be worked out between the developer and
the City of Fridley.
Mr. Holsten, the petitioner, queationed the easements.
Mr. Harris said this was an area of the lot retained for drainage and utility, such as
underground telephone service, that would be used by the City if needed. Usually an
easement is 6- 10 feet wide. The aurvey shows a 6 foa�.-easement on the south line.
UPON A VOIC& VOTE, ALL VOTING AYE, CHAIRN1t1N HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Aarris advised Mr, HolsCen to talk with the ataff on the easements and variance
requests.
4. DISCUSS N�RANDUM FROM VIRGIL HERRICK DATED AUGUST 2 1979 AND ME[� DATED
SEpTEt�ER 17, 1979
After reading the memo, Mr. OquisC said the memorandum implied if a special use pexmit
was iasued, you set a pzecedent.
Mr, Harris said the Planning Coumission has always tried to maintain that idea, but the
City Attorney`s office has jumped from one side to an other. The Supreme Court sepmR
to agree with the idea it was precedent setting:,
Mx. Oquist said the memo also said you cannot arbitrarily deny a requeat.
PL[��T�N_G CpI�ASI3SI0N I�„ESPING SEPTEI�ffiffit 26. 1979 PAGE 6
Mr. Harxis said that was why they make a specific list of reasons for denial. For
instance in the case of the Tom Thumb request for gas pwmpa, the denial reasons where
only for the gas pumpa and not the shopping center.
Mr, Oquist noted on the first page, 2nd paragraph, that it was confusing. It states:
"Special Use Permits differ from variances in that a special use prwisional permits
pxoperty, within broad discretion o£ gwerning body, to be used in a manner expressly
authorized by ordinance." Mr. Oquist asked why we need a special use permit if the
pr.operty was going to be used in accordance with the ordinance.
Mr. Harris said there are special uses, such as gasol�:ae stations, that could be
hazardous, etc. to the general public. Thoses uses would require a special use permit.
Mr. Deblon pointed out this helps give the City a broader control on what was built
in a diatrict.
Mr. Oquist said the memo also states ve cannot deny a special uae permit unless iC
doe5 not meet the xequirements for public safety and welfare.
MY, Langenfeld said the Cor�ission had received an article by the Minnesota Supreme
Court (1976) pertaining to standards for denying a special uae pextnit. The 4 poinYs
are:
1. A use that was contrary to a comprehensive land development plan would
be reason for a City to deny a request.
2. Further excavation that appears to increase the danger of irrepairable
em�ironmental damage was legal reason for denial.
3. The applicants failure to prove a propoaed use will not affect the health,
safety, morals and welfare of occupants of the surrounding land was
aufficient reason for denial, This puts the buxden of proof on the
applicant and not the City.
4. If the end results was not compatible with the comprehensive plan, that
was sufficient, as far as legal aspects are.conc�rned, for denial.
Mr. Langenfeld said these were very good points to follow, and he intended to do so.
The other co�ission members asked for copies of this article.
Mr. Harxis pointed out the memo dated September 17, 1979, sited examples of court
decisiona. He said the Supreme Court reviewed the decisions directly and not the de-
cisiotts of the lower courts. He said it pointed out thaC public pressure that was
put on a city to deny a apecial use permit was not sufficient reason for denial. This
co�ission has had that happen to them many times.
Mr, Oquist said the memo states we have to give xeasons for denial and also statea, if
Che request was granted, it was precedent setting. Therefore if we give a special
uae permit once, we will have to do again.
Mx. Harxis said he has argued that point severl times. In the case of secondary
buildings on a lot, one in a neighborhood might not be objectionable, but a whole
blcck of them could be.
Ms. Hughes asked why we even use special use permita and how they relate to a neighbor-
hood looking alike. She asked if a special use permit lets a homeowner do what he
would like on his lot or does it regiment him to do exactly as his neighbora do.
PLANNING COI�A!fI3�I0N MEETING SEPTEMBER 26 1979 PAGE 7
It seems the special use permit would allow some individuality while sti11 adhering
to the zoning ordinances. That gives some protection. She said a special use per-
mit was almost like a minor rezoning.
Ms. Gabel said she things individuality in a neighborhood was good and a special use
pexmit allows this spot rezoning. The process may be difficult to go through to
obtain a permit, but it was there and can be done. She felt that was important. She
also said a change in the ordinace now regarding all lot afzes cauld cause problems
with the citizens. The city wa,s almost built to compacity now as far as res�dential
building was concerned� but the special use permit would allow smaller lots where it
wauld be feasible.
Mr. Oquist thought smaller lots should be allowed because of housing costs and land
shortage. He suggested a change in the ordinance may be needed to allow this.
Mr. Langenfeld said the one thing he liked about a special use permit was the fact
that if someone came before them with a somewhat questionable request, the co�ission
could place controls and atipulations on the requ�st.
Mr. Oquiat said that only happens when a permit is granted. If the permit was denied
(i.e. Tom Thumb request) and the development was sti11 allowed, the control was lost.
Ms. Hughes said she felt the staff should be more discrete about mentioning special
use permits to developers,
Mr. Iisrris said when they are going through the re-zoning changes they should take
out some areas for special uae permits. It has been a catch-all for many items that
should be variances. They are in fact variances to the zoning code and have been called
apecial use permits. For example, the gas pump request by Tom Thumb, was a variance
to the_zoning in the area and not a special use permit. We would have more control
with variances then a special use pezmit.
5.
MOTION by Mr. Oquist, seconded by Mr. Treuenfels, to receive the Public Hearing Notice
from Spring Lake Park about a used car lot.
UPON A VOICE VOTB� ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED
IINANIFHIUSLY.
Since the crnrmission was not notified in time of the public hearing, Mr. Harris asked
Mx. Deblon to see what type of action was taken before this item goes to Spring Lake
Park's council. Mr. Harris said there was a policy with our neighboring sister cities
to inform each other on what type of developments are planned along the boundries. He
felt a uaed car lot wasn't maintained as well as a new car lo;, but did not know of any
_
reasons why this request could be denied. The business would fit into the surro�ing —
area.
Chariman Harris declared a recess at 9:35 P.M. and reconvened the meeting at 9:55 P,M.
6. DISCUSSION ON ESTABLISHING AN ENERGY COMMISSION
PLANNING COI�AfISSION MEETING SEPTEt�ER 26 1979 PAGE 8
Mr. Langenfeld pointed out pages 31 and 32 of the Enexgy Policy were in the wrong
order. He alao stated he would Like the Energy Policy proposal, as written, be
aent on to Council for approeal and then have the Planning Commission discuss the
eatablishment of the Energy Co�ission.
Ms. Hughes said she thought the Energy Policy was good. It was quite incluaive and
somethings would raise some eyebrows, but perhaps they should be raised. She felt in
some areas, particularly "City Rules and Regulations" and "Maintenance and Operation",
that the work could not be done properly if there was not a representative from the
Energy Cormnission on the Planning Commission.
Mx. Langenfeld said he wished to point out the chart in the policy realy tiea everything
together. It coincides exactly the apecifications of the Planning Co�ission as far as
the duties delegated to the Bnergy Project Co�nittee. Each one of the elements were to
be delt with and they were.
I�TION by Mr. Langenfeld, seconded by Ms. Hughes, to receive and approve the proposed
Hnergy Policy with the recortmendation to City Council that it approve the policy.
Mr. Treuenfels noted some items on the chart were listed_twice.
Mr. Harris said some items had to be planned for in different ways to cover the entire
acope.
Mr. Langenfels said there was going to be some type of overlap. He cautioned not to
use this chart as a guide or the only way to interpret the policy, but rather as an
outline of the Energy Policy. It was also not the intent of the policy to have a
preciae procedure, but to also allow flexibility.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DSCLARED THE MOTION CARRIED
UNANIMOUSLY.
Mr. Harria asked for discussion on setting up an Energy Co�ission.
Mr. Oquist thougtt the Planning Commisaion should wait until Council acts on the Energy
Policy.
Mr. Treuenfels asked if the budget would be affected.
Mr. Harris said it would not have a large affect on the budget, and it would be money
will spent.
Mr. Langenfeld thought the policy "scope" and the ordinance "scope" should read the
same. Aa it was written now, they are different.
Mr. Harris explained that the acopes were of 2 different types. The ordinance acope
was aet up like all ordinances setting up a new co�nission.
Ms. Hughea pointed out a typing error in the proposed ordinance. There was a double
sentence.
MOTION by Mr. Oquist, seconded by Mr. Langenfeld, that the Planning Co�ission reco�ends
to Council apprwal of the affiendment of Chapter 6, eatablighing an Snergy Co�ission.
PLANNING COMMISSION MHETING, SEPTII�ffiSR 26, 1979 PAGE 9
UPON A VOICE VOTS, ALL VOTING AYE, CHAIRMAN HARRIS DSCLARED THS MOTION CARRIED
UNANII�iOUSLY.
7. CONTINUED: PROPOSED,CHANGSS TO CHAPTSR 205. ZONING
MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to continue the discussion on the
proposed changes to Chapter 205. Zoning, until further notice.
UPON A VOICE VOTS, ALL VOTING AYS, CHAIRMADI HARRIS DECL[�RED THE MOTION CARRISD
UNANII�BDUSLY,
8. RECEIVE COMMUNITY DEVELOPI�NT COt-AffSSION MINUTES: SEPTE[�ER 11, 1979
MOTION by Mr. Oquist, seconded by Mt�. Langenfeld to receive the Coimnunity Development
minutes of September 11, 1979.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN IiARItIS DBCLARED THE MOTION CARRIED
UNANIt�90USLY.
Mr. Oquist said they discussed the cul-de-sac on Glencoe and East River Road and
made a reco�rtmendation to the Planning Co�ission to deny the request. He said
there were other ways to control the problems here and the neighborhood was working
with the staff on it.
Mr. Harria said they did not have the minutes on this item at the last meeting and
took no action on it.
Mr. Oquist pointed out the Cou�unity Development's motion for the Planning Commission
and the reasons for denial.
I�TION by Ms. Hughes, secanded by Mr. Langenfeld to concur with the reconm�endation
of the Cotwwnity Development Commission to recommend to City Council, that a cul-
de-sac at the intersection of the 500 Block of Glencoe Street and East River Road not
be considered for the following reasons:
1. Limited access for emergency vehicles
2. Violation of Sectian 211.0613 of the City Code, because Glencoe St.
is approximately 800 feet in length
3. Concern by residenta of neighboring streets about the increased traffic
due to the blockage of Glencoe.
The Co�unity Development Commission would also encourage staff to develop alternative
solutions to the traffic problems.
UPON A VOICE VOTE, ALL VOTING AYE, CllAIRMAN IIARRIS DECLAR�D THE MOTION CARRIED
UNANIMOUSLY.
Mr. Oquiat pointed out the cantinued discussion on coxiversion of rental property to
individual ownership property.
Mr. Langenfeld asked him to define "relocation payments" on page 4 of his minutea.
Mr. Oquist said this was in the City of Minneapolis proposed ordinance on how much �the
developer would have to pay or help pay to an individual who is moving out of a building.
ELANNING COI�4IISSION MEETING SEPTffi+lBER 26 1979 PAGE 10
He felt this whole question of property converaion was a difficult problem and should
be looked into very slowly and carefully.
Mr. Langenfeld asked how many rental units is Fridley could be converted to ownership
property.
Mr. Deblon said in the last comprehensive plan survey there were 2,985 units. Of
these, 2,119 were affordable to low and moderate income families. However, he pointed
out, that changes quickly because of inflation.
9. RBCEIVE APPEALS COPAflSSION MINUTES: SEPTEt�ER 18, 1979
MOTION by Ms. Gabel, seconded by Mr. Langenfeld to receive the Appeals Commission
minutea of September 18, 1979, with the following correction:=
Ms. Gabel said on page 5, the 9th paragraph from the top, the portion of the
aentt�nce reading ... said she agreed and ... should be omitted.
Mr. Harris questioned the staff reports where it says Stated Hardship, i.e. page 6,
"Would like to reduce the front yard setback by 6 feet to add an addition." He asked
how that can be a hardship,
Ms. Gabel said that was not the hardship. The hardship was that they needed the extra
living space as the house was small. The Appeals Co�nission has questioned thia area
many times, and thought when the petitioner was filling out the application, it was
not made clear to him what was required. The application was probably not checked at
the time the petitioner filled it out.
Mr. Harris said he has noticed this many times and thought the application wording
should be checked so it gives a better guideline as to wh§t was required.
Ms. Gabel said she would mention this to staff and the Appeals Co�ission.
UPON A VOICE VOTE, ALL VOTING AYE, CIIAIRMAN HARI2IS D$CLARED THE MOTION CARRIED
USiANIMOUSLY .
10. OT(LSR BUSINESS:
Mr. Harria said he went to the Blaine City Council meeting regarding their new develop-
ment by Northtown. He said this 6 acres was north of our city limits and drains into a re-
temtion pond and goes from there into Coon Rapid's storm sewer system. The drainage
then continues to our Spring Brook area. He said he could not find out from the
developer, Burlington Northern, if there was to be any type of control spots by Spring
Brook ox skiffisi�g devices on the retention ponds for this project. It seemed, even
during the construction period, there was not any type of filtering planned. He said
he could not find any agreement with Coon Rapids an this and does not remember even
beinging invited to their meetings for this project. He felt North Park would become
a silt settling area for this development. Mr. Harris queationed what type of protec-
tion Fridley has for this regarding amount of flow and water quality.
Mr. Deblon showed drainage maps of Blaixe and Coon Rapids and said this development
would drain into Coon Creek and into Spxing Brook. He also stated Mr. Boardman had
been in on meetings regarding this development, but was not convinced Blaine or Coon
PLANNING CO3�ffiSSION T�EhTING. SEPTEI�SR 26. 1979 PAGE 11
Rapids was doing what they said they would.
Mro Deblon aaid North Park has been a natural holding pond for many years and has
been assimilating the run-.eff effectively. He stated watex samples taken from Spring
Brook have been of good quality.
Mr. Harris pointed out this area has not had to handle this much run-off before.
He stated if we get an excess of water and lesser grade.of water quality, we could
ruin North Park, He felt people dumping their water into our drainage sysYem
should control it and clean it up, particularly silt that will be coming down.
Ms. Hughes said there was much more Land under asphalt no� and that extra water has
to go somewhexe.
Mr. Harris said this development may only be 6 acres, but you take 6 acres here, 4
acrea thexe, etc. and it soon adds up. This will add to the pollution problem.
He felt put upon by Coon Rapids and Blaine regarding the water they were sending down.
He auggested some sort of an agreement between the cities should be set up if this
gets out of hand.
Mr. Deblon said a watershed district for this area could be an answer.
Mz. Harris said we require developers to follow the standards of the Rice Creek Watershed
DisCrict, even if they are not in the watershed, pur sister cities should be doing
this also.
Mr. Harris asked Mr, Langenfeld to check into a pxopoaed meeting on October 17, 1979,
regarding the Highway 10 development. He asked to make sure sameone was represented
from the Eirvironmental Quality Co�ission at the meeting. Mr. Harris also asked staff
to notify the Planning Co�ission of any meetings or developmen� regarding the liighway
10 question plus the Northtown drainage problem.
AATOURN[�ffidT :
MOTION by Mr. Langenfeld, seconded by Mr, Treuenfels to adjoum the Septembex 26, 1974,
meeting of the Planning Coonnission.
UPON A VOICE VOTT� ALL VOTING AYE� CIiAIRMAN HARRIS DECLARED THE MEETING ADJOURNED
AT 11;05 P.M,
Respectfully submitted,
ula��ecord' Secx'eta
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