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PL 08/20/1980 - 30543CITY OF FRIDLEY PLANNING COrIlKISSION MEETING, AUGUST 20, 19fl0 CALL TO ORDER• Chairman Harris called the August 20, 1980, P:I:ann�.�g Coffinission mees�ing �o order at 7:30 p.me . ROLL CALL: Members Present: Mr. Harris, Mx. Treuenfels, Ms. G�.bel (for Ms. Schnabel), Ms. Sporre, Ms. Modig (for Mr. Oquist); Mr. Pondrick (for �l.s. Hughes), Mr. Wharton Memb ers .4b's ent : None Others Present: Jerrold Boardman, City Planner Mro & Mrs. Clyde E. Meyer, 420 Ironton St. N.E. APPROVAL OF AUGUST 6, 1980, PL�.NNING C�PiMISSIGN Ml'NL7TES: MOTIOAI by Ms. Gabe1, seconded by Mr. Whartoa, to ap�roee the Augu�ti 69 1980, Planning Commission minutes as wri�ten. UPOA1 A VOICE VOTE, ALL AOTING AYE, CHAIRMAI.V HI�IRP.IS DECLARED '1'�iE MOTION CARRTED UNANIMOUSLY. 1. PUBLIC HEARING: REQU�ST FOR A SPECIAL USF PEAPiII, SP ��8J-0�, BY ' �,-�- CLYDE E. AIEYEF.: Per Section 205.053, 3, D, of the I�ridley City Co��, � to allow an existing basement apartment to contin�:e as a rental urai� in a sing�.e family dwelling, located on Lo�. 4, Block 19 Choinard Terrace, the same being 420 Ir�nton Stree:. N.E. MOTION by Mr. Wharton, seconded by PSr. Treuenfels9 to open the public hearirig on SP ��80-09 by Clyde E. Meyer. Upon a voice vote, all voting ave, Chairman Harris declared the public hearing oper. at 7;33 p.m. Mr. Boardma.n stiated �hat the zoning on thislot is an R-1 zoni.ng; hotaever, it is Staff's understanding from thepetitioner that the han�e has be�n us�d as a duplex for quite some time. The basement taas set up as a separate aparkme�i� and rented out prior to this time wi�hout the �ity°s knowl.ed�e. When the pe�itioner came in to cneck to see if tlze basement coulcl be used as an apart-� ment, Staff had informed him that it was not zonr�d ior asi agartffient and,there- fore, it would require a. special use pes.�it t� a11ow that use on an R-1 property. _ --- - Mr. Boardman stated the property just west af this praperty i� �r�se�tiq zoned duplex (R-2)9 the property to the s��utht�rest is zoned R-3 (multiplc), and the ,� property across the street is zoned R-1. PI�AP]NING COMMISSION M}'sEiI�G, �UG�ST 2Q, 1980 PAGE 2 P�. Boardma.n stated that Mr. Aiey�r was i�x the audience if the Planning �—�+, Commission nembers had any Questions. Mr, �oardr�an stated that if th�is � �' petition is granted, Staff has taliced �o rir. Meyer about th� neces�a�y i�prove= men�s he wil� have to make to the apartment, and Mr. T'Ieyer has ag�eed to make al1 necess.ary code modifications in ord�i �or the aParfiment unit to meet � all code requirements. r1r. Boardm.�n staz_ed �the apar�ment unit is satisfactory in size. It mee�s the.duplex cod� as ia� as �he �i�e� a.n.d the lot is large enough. Mr. Kondrick asked if any oi the u�igtibors objec�ed to this proper�y cvntinuing as a x�entai un�t. I�lr. Boardma.n stated tche City has no� xeceiv�d any complaints. Ms. Gabel st�ted it .seemed that. ir�teac� oi �. sgeci�.1 use permi�, Air. Meyer shotald be asking for a rezoning. She krae�,� the cede allowe�l a �peci.al use permit, but a special eise �erai�, in eftectg was actually a rezon�ng, beca.t�se the special usa permit wa_11 s�ay with the property. R4r. Iiarris aslced Mr. PZe_y�r to g%vQ the Go�ssion a�i�tle backgra��d infornia- ti�on �egarding ttie h�use. Mr. Meyer �tated tY:� :hcus� aaa� i�uiJ_� in 1.�: �2. H� bou�'h� the house three y�eags ago, and thF peonle coho h�d _bui3t the ho�sn. ?-Lad li��ed in the basemzni�g so it �aas already ?5.�� c^�.��YtIllE.'I2r ti�an. He state�. tP b��ugr,t t�ze h�ouse because of �he apartment. �e state� he :zas �lo�e e�te�.s5.�;e Ye�odel�_r_g in the basemen�. H� � stated he had t1�e Ci Ly Inspec�ar �come �t�:.� abev.t a yea-s �.gu o At ti.�� time, �tt�� Cit� .Inspee�or had tolcl �:"��m �h�}� ^ould CGI1f:11112E La r.�nty �t3t he had not �zeard an,�t�aing from the Cii_y sinc� ��?��a He sta..*.�d �i,eS* w�L-ed `o do the �ight thing, sc� they had c�ntacted t;e Citv �.r�d found our they r�eAded a sp�cial use permiL-. � �i� �,ls�o stz�ecl tha� h�_s neighbflrs� I�ave �.o �r,�npla:�r��s �bout his reni�ng ou� �he. �asement ' apari,nenL � ' Mr. Meye� s�atQd tfial 9 as fa� as � Lhe 3run�o Je�enis ,��.e �azll ne�cl biGge� bedroc�m windows, raiiings, and smoke d��e�tors. He sta.¢ed t�.� apa�-t�ent �s up to code righ� now witn �aew e�ectiri�al a.iai p3u�ingm I+i�. Ilarris asked abo�at gar.king fo�- ttae �enan��. ATr. MLSTe� si.�.te.d tie 1-iac a�loubin �ar gar��e �aith a d�iuble driveway. H� � rece�tly widened tisa� ciri�ewa}= �=r �ore f��i ior t�n�nt parking only. Iie stated the texaaa�ts have separ�.�e �roiit a�id back Qnta�3nr_e� e Nir. iti�artoa�. a�lced. if i1r. � tley�r intended to '��ing the �par�mes�t �it �gp 4co cr�de befor� the ur�it was rebz�ecl again� Mro Mey2r stateci h� d;_d ?nt�ncl E�c�o 7'h� �r�l; y�ac�n �ie keas nflt star�ed the improveine�LS iv because he fi�st i,*ants to� see i� i�Yie Gity cri11 gr�nt daim �l�e special use peY�it. � _e,�_ ----_�_. .._, .. __ __ _ _.__ . . . . .. ... . ... _ ,.. .. _ r-��� - 0 PLA2JNING COMMISSION MEETING, AUGUST 20, 1930 PAGE 3 � 1 MOTION by Mr. Treuenfels, seconded by Ms. Gabel, to close the publi� hearing on SP �i�80-09 by Clyde E. Meyer. Upon a vo�ce vote, all voting aye, Chairman Harris declared the public hearing closed at 7:45 p.m. Ms. Sporre stated that the Meyer`s are her neighbors and, therefore, she wished to abstain from voting because of a conflict of issue. Ms. Sporre stated this question raises some interesting points from a planning perspective. It seemed that if she bought some land that is zoned R-1 and was adjacent to R-2 and R-3 and was willing t�� put some money into remodeling and apply for the special use permit, this precedent would say there was no reason to prevent her from doing that. And the best waq to do that is to operate as rental for awhile before applying �or the special use permi.t. Mr. Harris stated that the Planning Coimnission handles each case on its individual merits, but this question is me that the Planning Commission has been struggling with for sometime. It is a tough question. There are many arguments for it and many arguments against it, so the Planning Commission had decided that when these petitions arise, they will handle each petition individually. This same case in a different area, under different circumstances, may merit denial. Under the special use permit set-up, it is the responsibility of the Planning.Commission to show just cause why it should be denied, which is different from the variance procedure. The variance procedure requires tha� the petitioner must show cause of wY��; a variance snould be grantede � Mr. Boardman stated that a duplex is allo�aable in an R-1 zone with a special use permit, but it has to have a special use permit. The special use pex°mit implies that the City has to pro��e certain conditions why that un.it canr�ot be a duplex. If the Planning Commission denies this special use permit, they musi-. give valid, sound reasons for denial. The actual issue of zoning is not an. issue for denial. Ms. Gabel stated she would nofi ha�ze �:n.y problems with this if it was a rezoning. Air. Boardma.n had stated earlier that neighbors get more upset over a rezoning issue than they do over a special use permit, but sh� thought this was very misleading to the neighbors. The special use permit does not explain that i� is, in essencey a form of spot rezoning. She did not �think the community as a whole realized that a special use permit goes with the prope�ty and stays with the property. Mr. Harris stated the Commission should examine this case on its individual merits., The petitioner is asking that the City allow him to continue the operation of a basement apartment in a single family dwelling. A rezaning would allow the owner of that property to add another unit onto the structure, if he so wished, because he has enough lot area. So, the specia� use permi� is really more restricl:ive than a rezoning �equest. - Mra Boar�man stated that the Co�nission should also keep in mind thafi the Iiousing Maintenance Coc;e i.s set_ �ap for all rental proper�ies. This meaais that n every four years a11 rental properties in the City are inspected. Also, there is a licensing requirement for all rental properties in the City. . PLANNING CON�iISSION MEETIIJG, AUGUST 20, 198U PAG� 4 NI�. Kox�dr�ck stated he agreed vaith Y�Is. Sparre. He Eaould be eoncerned �bout his neighbors convert�ng their �welling ini:o .a rental unit, and a few years dc�wn the line fanding yourselves in a situatian you would rather not have in your neighborhood.� He w�.s a�.so afraid of rhis set�ing a precedent. 2�tayhe i.n �.his ca�e, the neighbors slo no� m�.nd, hecause it has been in. exist�mmce for such a long �.ime. MOTION by M�. Wharton, secon�ed by Mr. Treuenfels, to recommend to Citv Council approval of a P.equest for a. S�,ecial Use Permit, SP 4r3Q-09, bv Clyde E. Meyex. ep r Section 205.�53, 3, �, oi ihe Fridley Citv Code, to allow an e�istin� basement apartment to continue as a rental unit in a single familv d��elling, 3ocated o� I.ot 4,_ B1ock l, Choinard Terrace, th.e same bein� 420 Iron�ton Street N.E., wit'i the stipulatior� tna* ti:P rental unit be brought up to applicablE.bu�lding codes and iire r_egulatiors Uetore �he unit is rented ag�in. tTPON A VOICE VOTE' I�IARRIS� `TREUEPdFELS9 W!iARTON9 MaDIG9 AND KONDRICK VGTING AYE, GABEL VOTING NAY, AND SPOI:R.E �BSTAINIPIG, CHAIRMAl� HL�RRIS DECLARED THE MOTI�N GAP,P�IED WITH A 5°l VOT�. T�ro iiarris stated SP ��80-0'� would go before Gity Council on Sept. 80 L. VACATIOi� RE U��ST; BY PETITT_ON ��5-1980� SAU ��80-04: Va.cate alley ease° �.ent in B1ock 6, Frid�ey iark, locatie�l in the 65G0-6600 block betw�en ��St F.i��i:� itoad and Hi.ckor_y Street o A3r. Boardman stated t�hat, as the Uo�nissioR k�.eu�, tlze Ci�ty Council has paved S:Iae �ray �c�r alley vacations jai�ri IOG% pE.�tit� an. Gn tlac�se alley vacations where there is 100% agreement c�n ti�e vaca��on by the �roperty owners, �.he C�.ty Coui�czl will waive `he ieee '�'herefo?-e, the City is takiag the peiition �nd st�rting th� grocess on vaca�ion. oi alle,s. He stated the firs�t va��tion requesL is along East River Road �etcaeen �St1-i and �i� ckory Sireet. That alley �s no� p�esen�.Zy be�ng utilizede There are �,rese��ly no utilities in �he a.�_]�ey, an.d �ha City would reco;umen� its �racaZiona MOTION Ly Mr. Treuerzfels, secox�decl by Mr, I:.ondr�ckR to r�comme�d to Ci�y_ �our.cil appr.o��al c�f a Vacation Reauest bq N. titior: ��5-19�0, SAV ��80-04, i.o vacate alle�T easemenY: in B1oc�: 6, �'i-idle�? Parka�lc,��at�1 in �he ti500--t;(-i0�. �lock hetcaeen East River Road anc� ���rkorv ���ceet4 w�th �he stinula�ion tha� the Ci�y� reLain utility and draina�e easements. UPON A VOICE VOTE, ALL V4TIT�G AY�, (;H�T�3A� Ii�-'.Rk�IS D�CLAR.ED TEiE MOTION ��I�D TJI�ANII�IQUSLY. 3� VACATTON RE2UiST: RY PEiT.TION �f�f�1980, SAV �1�80--05: Vaca�e �11e�T �C�S�� mer�t in Bloc.c 2 s Hori.zon Iieight�, 1oca�.ed in �21�U Block becween Lincoln nnd :;�.iLhan�.n Stree�s NmE. NI�. Boa�cl�an s�:ated �thiv was the sa��c� as %SO-0�: o Thi� alle; only �oes doestn � ��om 53�d Ave. �nd abr.+u� t�ao I�ts �o the s�Lith. A� �1�at poin�, there �cac�uld t�e no a1:1ey ciedicatioi�. They have l00% agreemen� v£ the foug prop�rty ozan�rs ta ��acat� t11at siaall por�ion of al.ley. ' � �l � �- PLANNING COMMISSION MEETING AUGUST 20 1�8Q PAGE 5 `� MOTION by Ms. Gabel, seconded bv Mr Treuenfets to recommend to C3tv Council approval of a Vacation Request by Petition ��4-1980 SAV 4�80 05 to vacate alley easement in B1ock 2, Horizon Heights, located in the 5200 Block bet��een Lincoln and Buchanan Streets N.E. with the ��i ulation that the Cit retain utility and drainaQe easements. - UPON A VOICE VOTE, ALL VOTING AYE, CHAIgMAIQ 13A�RIS DECI,ARED THE MOTION CARRIID UNANIMOUSL3� 4. VACATION REQUEST: BY PETITION ��6-1980, SAV 4�80-06: Vacate a11ey easememt in Block 8, Hamilton's Addi�ion to Mechanicsville, located in the 5500 Block between 6th and 7th Streets N.E. Mr. Boardma.n stated this was also a short stub section of a block area. The street right-of-way just north of this has already been vacated. This vacation would be from that vacated portion of street to the service.raad that runs along Interstate 694. This is off 7th Street ri�ht by the area whea�e the drive-in empties onto 7th Street. TherE rs 100% agreement by the property owners and Staff has no problem with this alleq vacation. • MOTION bv Ms. Modi� seconded by Mr Treuenfels to recommend to City� Council avvroval of �Tacation Request by Peti�ion ��6-19�0 SAV �{�80 06 to varate alley easement in Block 8, I3a.mil�eon`s Addition to Mechanic�v-ille, located in the 5500 Block bc:�ween 6th ar.d 7th Streets P1.E. , with the stipulation rchaL �he � City retain utility and draina e easements ' UPON A VOICE VOTE, ALL VOTING AYE, CHAIItMAN HARItIS DECLARED THE N:OTIOIV CARRIED UNANIMOUSLY. 5. LOT SPLIT REQUEST: L S i�80-06 BY GERALD W PASLI3RE S.plit off the Northerly 50 feet of Lot 2, Block 1, and add it to Lot 1, B1ock 1, all in Paco Industri:al Park, to.make a building site for a proposed ofiice building, the same being 7281 Commerce Circle East. Mr. Boardman stated he had received a call from Mr. Paschke and no.one was available to come to the �eting tonlght to explain this request. 2�lre Paschke had asked Mr. Boardman to explain to the Planning Commission what is being planned. Mr. Boardman stated tYaat on Lot 1, they are planning a 31,000 sq. ft. building to be used as a three-story office structure. They are requesting a 1ot split off Lot 2 to make allowable room for parking available for that site. [di�h the lot split, Lot 2 is still of adequate size to meet the zoning :cequirements under a commercial district. Lot 2 is about 30,000 sq. ft. and the allowable is 20,000 sq. ft. Mr. Boardman stat�d Staff is looking at�arlditional landscaging and screening, and they do want to retain a t�n-foot bikeway/walkway easement along University Avenue. Staff sees no problem with this lot split request. n _ . . __ _ __ . _ ._ _ _ . - ---.�.� 0 PLAIQNING CO2�'lISSION P�ETIIvG, ALTGUST 20, 193G PAGE 6 Ag�TYON by Mr, Treuenfels, seconc�ed by A'Ir. Wh.a�ton, to recommend to City Council ,�, approval of Lot Split Request:� LoS, �E8Q-(36, �y Gerald W. Paschke,_fco split oti the IVortherly 50 feet or"_ i.r�t_ �� Slock 1, and add it to T,ot 1, Block l, a11 in Paco In.dusLrial P.ark. co r�ak� a buildina site for a proposed office buildin�, the same bei�zg 72�1 Conurce-rce Gircl.e East, wis_h the stipulation that the Czty retain a ten-foot bik.ew.Y�y!w��lkway easement ason� tTniversity Aeenue.� iJPON A V�ICE VOTE, ALL VQTING AYE, CIiAIRML�N �iAitRIS DECLI�,RED THE MOTION CARRIED tJNANIMOUSLY. 6. REGE_T_VE AUGUST 12, 1980, APP�'A?,S CONL�fISSION MINUTES s MOTION �y Ms. Gabel, seconded i�� P�co Kondrick, to receive the A.ugust 12, 19i30, Appeals Commission minutes. _ iIPON A VC�ICE VQTE, AT�L VOTING _�,Yi, CHAIR23A1V N,ARRIS DECZAR.ED TIiE MOTI(iN CARKIED i?NANT1330USLX . �. RECET��E AU�UST 129 1987,' G�'I�LwiG'NITY I�E�'EZCPMENT CONIl�IISSION PzINtTTESe MflTIOT�T �iy Ms. ��oclig, �econded Y:y T4r. Tre�uenfels, to receice the August 12, 1930, �ommui;.icy Developm.ent Co�misvicn �nznutES. �Tf'C�1� A VOIC� ��OT�9 L3LL VO�II+]G A��r., CiiATRY�AAT tiARRI� DLC�ED TI�E MOTIUN �Ai2Ri�� lTt�fANI3��L'SL'i'. �. �➢THEP. 3JSINESS: A. �'roPos�d �endmerLts tc I,oca± Comp-r_Fh��sive Plans � i��°. Boardman s�.a�ed the Co�umission �m.eml�ers hac� a copy of .a letter �ha� wras s�.nt to I��trop��-��an �ouncil. reg�z-dir,g �he Proposed l�n:erddmen�.io Loca�. Co�rehensive ?'i.a�zs. He stated h� felt there Yb=ez� �ome �-e.Gi �roblems �ai�th this do�ument; therefore, a letter ��as put *c��e�;ner for ttae l�i�vorps si�iaaLiire. This .le�ter �rras rev:iewed and apnr�ved �y City Couacil on ���nday, Aug. 1�. Tl�e reca�nnner��ais.ons made a�e: 1, !�np.ndments shl�ts.ld be dafine� as those actions whicn hav� poten%ia3_ iar significa.�-�t environmental effect - �as defined Uy ���e I�n�.eso�� Enviro�ental Qixality 3aa_�d �og EAW`se 2. Detail planning �:ecisions not ialling under the limits of tiae EA�d sho�Id be left t� the loca�. agency wlio �.s �esponsible for implemer'vatio�. 3. No�ifieatian and response tc� zo�azng arnendmen�s steo�ul�i folloea th.e proLess already estal�3ished lay State I.a�r. �< Fo11ow the di�-ectic�n �ha� Me�ro Councz� has given to local ''� coaununities by* cutting the pr�cess t3�e insi:ead of - lengthening it. i'LANNING COP�MISSIOr1 I�ETING E�iTGUST 20 198I1 PAG� 7 �,� �_ �ir. �oar�iman s�ated this �.s priu�arily fa� the Co�mission's informa— - tion. �h� Planning Commissio� �ay �rant to make a motion *�oncurring w�.th the action taken by the City Council. and the Planning Commission`s �c�ion w:�.11 be submitted alang with the City Couneil's action. PfU�ION by Mr. Treuenfelsy secondeai �y l�is. Mo�ig, �o receive a letrer dated Aug. 14, 1980, from William. Nee, Ma�*or, to Marcia Bennett, Chairman, Physical Development Commi*_i:ee, Metropolitan Cou.ncil, re: Praposed Amendments to Local Compreh�nsive P�.ans. IJPON A VOICE VOT�, ALL VOTING AYE, CHAIRMAN HARt;IS DECLARED THE 1�IOTION CARRIED Ui�:ANIM�JiJSLY. MOTION b Mr. 'rYeuenielsa seconded by �1s. Gabel. tha�t the Fridlev Plannin� Commission coi�curs wi�r. t'reE action tak.en bv the Ci�y Co�.ncil and �hat the minutPs at the Planniia Commi�sion b� submi�iPd alon� wi�h the ac�ion tak�n b� the City Coizncil. � r iTPOPd A nOIC� VOTE, A�L TTOTING AYE, C�3AIRP�T HARR�� DEGT.ARFD TI�E MOTION C�RIZIED LTI�TANIM�USLY. �e itesigna�ion �'�om Jim La.ngenfeld �'!r. H�.,:�zs �eead the 1�iter fr�iu Y��r< La�ge�.teld, ir. rahic& r�r. �an;ex���._3_d ,� � st�,�ed th�t he c4=as re�zg�a.ing fram the Pl�n.ning Commivsion and �he. �zgiriiU���i1�a� �'i�3lity Cou�i.s5io�a, MOTI�N.by M�o Treiien£el.s, seconded by Mr, It�ndrick, to �ec°.�i_ve Mr. Langenfe�d'� 7.et��r of res�gi�at��n. UI'�rd A. VOICE 'VOTE, AT.i, VOTI�T� AYEo ��tAIFtM_AN �:.�iRRIS llECLARED THE �lOTIC��d CL�P�RIED L'?�.4I�iINiQi1�>L`�. �ir. l�arris s�:ated this letter h�s also g�,�.e tG ��ty Couiacil9 and Gi�ty Council 1�a� t��n action. . NLs. Spor�e sta�ed ��e �,rou�� ii�ce ro express the thanl�s anc� �;-,�a�it�*c�� af the Environmental QLality eouimissio� f4r Air. Langen.�eld's woa�k during tl�e ti.me ne �e7°ved on the �nva��oninental Qua]_ity Co�is��onm Iie �ras ch�irpe.r.son or �1�e Emsironme�ta.1 Quality Commissi�ra si�.ce "197Z. She felt there has beer,. a t�emendous a�o�in� of env%rontnerital �tw�a�en�ss that has been geneia�t.ed, not only in Fr��_dley, but i.n the cc�mmu;�f�y at large, bec��.�e of the lcincl ot wo�k a�ai canmmitment Mre Lange�tel:� has given. ADJOURN�LEP�I'1"' : NlOTION 1-,}r �ir. Wharton, seeonde� b,= Ms, i�ic�dig9 to �dJc�u�r.. the meeti��. Upon a voi.ce vo::e, all V0�111�T �.jT@� r'ha3_rman. Harr�s c7eclar�d the Augu�t 20., 19�p9 F�lanning Ccsmmissian a�eetia�g acaj�urned at:;t�2 �.rro � %es�?ectf�fllly !subma.��ed, e ��; . � : �.�,d4?� w�t-r4__ Ly�ba Recarding Secre�:� �y