PL 12/03/1980 - 30548�
._
�,
�
CITY OF FRIDLEY
PLANNING COMMISSIOtV MEETIPJG, DECEMBER 3, 1980
CALL TO ORDER:
Chairman Harris called the December 3, 1980, Planning Commission meeting to
order at 7:39 p.m.
ROLL CALL: �
Mem�ers Present: Mr. Harris, Ms. Schnabel, Mr. Svanda, Ms. Hughes, Mr. Wharton
Members Absent: Mr. Treuenfels, Mr. Oquist
Others Present: Jerrold Boardman, City Planner
APPROVAL OF OCTOBER 21, 1980, PLANNING COMMISSION ININl1TES:
MOTION BY M5. SCHNABEL, SECONDED BY MR. WNARTON, TO APPROVE THE OCTOBER 21, 39�0,
P�ING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE,
CHAIRMAN HARRIS DECLAR�D THE MOTION CARRIED UNANIP'IOUSLY.
.
1. �CONTINUED: PUBLIC HEARING: AMENDMENT�TO�CFIAPTER 205 OF THE FRIDLEY CITY CODE,
GENERALLY KNOWN AS THE FRIDLEY ZONING CODE
Public Hearing Open.
MOTION BY MS. SCHNABEL, SECONDED BY MS. HUGHES, TO RECEIVE THE AME�VDMENT TO
CNAPTER 205 OF THE FRIDLEY CITY CODE, GENERALLY KNOWN AS TNE FRIDLEY ZONING CODE.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED
UNAIVIMOUSLY.
Mr. Boardman stated he has made the necessary changes in this document and has
eliminated excess wordage. He stated he has also received Mr. Herrick's copy
of the document and was able to discuss the changes Mr. Herrick feels are
necessary. He stated he would like to go through the document with the Planning
Commission to note the changes and discuss the recommended changes made by .
Mr. Herrick. °
205.02 GOALS
(page 2)
Recommended changes by Mr. Herri.ck:
#3. APARTMIENT -"unit for si'ngl� family"should be changed to "unit for one
family" —
#14.CONDOMINIUM -"Structures housing apartment units" should be changed
to "Structures containing apartment units"
(page 3)
#15. CURB GRADE - Delete "or its equivalent for the purpt�se of this
ordinance"
�
PLANNING COMMISSION MEETING, DECEMBER 3, 1980 PAGE 2
Recommended changes by Mr. Herrick:
(page 4)
#30. HOME OCCUPATION - Mr. Nerrick wanted to know what the purpose of
"over-the-counter retail sales" was and if there was no purpose
other than to restrict retaii sales, he questioned whether they
should say "over-the-counter". Mr. Herrick recommended that
"provided that no signs other than those normally utilized in a
residential district are present" and "over-the-counter" be deleted.
Ms. Schnabel stated she felt that what was written in the definition for "Home
Occupation" really belonged in the Zoning Ordinance. She stated that there
could be a simple definition and then the restrictions could be listed in the
Zoning Ordinance, She thought it would 6e harder in a court of law to defend
a definition as opposed to defending an ordinance.
Mr. Boardman stated he had no problem with this suggestion. It might be a
little cleaner. He stated he would reorganize this and make the necessary
changes in R1 and R2.
Ms. Schnabel stated that another thing �he Commission had ta7ked about at one
time was arhether or not the City should require business licenses. No decision
was made.
r
�
Mr. Harris stated that one reason why they should be concerned about the home �
occupation was that in th e Comprehensive Plan, they had stated they wanted to
maintain and upgrade the character of the residential neighborhood. If they
are going to maintain and upgrade the character and integrity of the residential
neighborhoods, and if they are going to a17ow commercial enterprises within those
residential neighborhoods, he felt they were working at opposite ends of the stick.
Ms. Schnabel stated she saw the need for licensing as a method of the City
gaining the knowledge of where th ese occupations are located, the neighbors
knowing that the City has some knowledge of these occupations, and maybe
providing a vehicle for the City to supervise what is going on.
Mr. Boardman stated that the City has no bus�ness licensing at all. They cannot
just license some businesses. They either have to license all businesses
or not 7icense businesses at all.
Mr. Harris stated the real concern a6out home occupations was how the home
occupations impacted the surrounding neighborhoods.
Ms. Schnabel asked if the City receives any complaints regarding home occupations.
Mr. Boardman stated they really have not received any complaints on home
occupations.
�
�
-_.,
PLANNING COMMISSION MEETING, DECEMBER 3, 1980 PAGE 3
,—� Ms. Hughes stated t�iat, at this point, she did-not want to pursue the question
of business licensing. It may have some merit for the Community Development
Commission to pursue this question.
The Commission concurred that the question of whether to require business
licensing in the City of Fridley be referred to the Community �evelopment
Commission.
(page 5)
Recommended changes by Mr. Herrick:
#32. HOTEL - Reword as follows: "A building designed for occupancy as a
temporary abiding place of individuals who are ]odged, in which
there are six (6) or more guest rooms, and in ►r�hich no provisions
are made for cooking in any individual room or suite."
(page 6)
#45. MOTEL - Delete "each of which has a separate outside entrance leading
directly from the outside of the buildings"
#52. PUBLIC FACILITY - Reword as follows: "Any facility which is owned,
operated, or maintained by the City of Frid]ey or other governmental
agency.
� (page 7)
#53. PUBLIC PROPERTY -"public non-profit organization" should be changed
to "governmental agency or subdivision"
#64. TOWNHOUSE - Reword as follows: "A townhouse is a unit wherein the
owner has title to the unit and the underlying land and common owner-
ship of the real estate which is not covered by the structure."
205.04 GENERAL PROVISIONS
205.041 Declaration of Policy
(page 8)
Delete #2 under Declaration of Policy
(page 10)
205.044 Lot Provisions - Change to"205.044 Buildinq Site Provisions"
#1. Change "lot" to"building site"
�
�:
e
PLANNING COMMISSION MEETING, DECEMBER 3, 1980 PAGE 4
(page 11)
Recommended changes by Mr. Herrick:
#7. Insert "more or" after "6 feet"
(page 12)
205.045 Accessory Buildings and Structures
#3. Delete last sentence beginning with "when permitted in a district...."
205.046 Required Yard and Open Space
Delete #1
(page 13)
#3-B. Delete "provided that the glare is not visible from adjacent
residential property"
(page 15)
#6. Solid Waste - The Planning Commission changed this to read: "Sanitary land-
fills shall be prohibited." Delete rest of paragraph.
205.05 ADMINISTRATION AND ENFORCEP�IENT
205.051 Zoning Administrator
Recommended changes by Mr.F�rrick:
Delete "or his duly authorized representative"
�Pa9e ��)
#5-A. Change "district" to "zoning"
205.054 Special Use Permit
#1. Purpose - Delete "ihe proximity of a similar use", "the total number
of similar uses within the City", and "or further" in the second half
of the paragraph.
(page 18)
�
#2. Application - Reta�ord as follows: "Whenever this Ordinance requires a
Special Use Permit, an application therefore in writing must be filed
with the City, together with such filing fee as may be established by
the City Council and shall be accompanied � a site plan or documenta- ^
tion as required by the City."
Delete A - J.
�i
PLANNING COMMISSION MEETING, DECEP�BER 3, 1980 PAGE 5
� (page 19)
Recommended changes by Mr. Herrick:
#6-A. Council Action - Delete "and the granting of this permit will not
cause an imbalance in the number of uses of this type in the immediate
area of the request."
#6-B. Denial - Mr. Herrick will be providing different language for this
paragraph.
205.055 Variances
(page 20)
#3. Recommendations by Appeals Cor�nission - Change "Zoning Chapter" to
"City Code"
#4-B. Change to re�d: "4Jhen the above conditions are not met, the
variance request must be reviewed by the Planning Commission with
final approvai by the City Council."
(page 21)
� #7. Lapse of Variance by Non-Use - Change "Appeals Commission" to "City Council"
�
205.056 Building Permits
#1-A. Delete "pertaining to the erection of major alterations"
(page 23)
205.057 Certificate of Occupancy - Insert "shall be obtained" after
"A certificate of occupancy"
Delete #2. Interpretation
(page 26) .
205.07 R-1 DISTRICT REGULATIONS
205.071 Uses Permitted
The Planning Commission made the following ctianges:
#2-A. Change to read: "Private garages shall not exceed 100% of the
first floc�r area of the dwelling unit or a maximum of 1000 sq, ft."
#2-B. Change to read: "Tota] floor area of all accessory structures
shall not exceed 00 sq. ft.
�
Insert New #2-C. "All accessor structures shall not exceed a total hpiqht
of 14 feet." �
�aq
,-,
PLANNING COMMISSION P�IEETIPaG, DECEMBER 3, 1980 PAGE 6
!�'1
Ms. Schnabel stated that a license was not required for customary home
occupations including the rental of guest rooms, but a license was required
for dwel7ing, limited. She statpd that it was inconsistent to require the
licer�sing of one and not the other.
Mr. Boardman stated that this was a change the Planning Commission had made.
They had wanted some contro] on the "mother-in-law" apartment and had
recommended licensing of a limited dwelling. He stated he had no problem
with eliminating licensing. He stated the City Council wants to eliminate
dwelling, limited completely. .
MOTION BY MS. SCHNABEL TO RECOMMEND THAT �IE NEW ITEM #2-E READ AS FOLLOWS:
"CUSTOMARY HOME OCCUPATIONS": ARiD THAT THE NEW ITEM #2-F READ AS FOLLOWS:
"THE RENTAL OF' GUEST ROOM5 TO NOT MORE THAN TG'�O PERSONS PXOVIDED A LICENSE IS
OBTAINED FROM THE CITY."
THE MOTION DIED FOR LACK OF A SECOND.
MOTION BY MS. HUGHES, SECONDED BY MR. WHARTON, TO RECOMMEND THAT THE NEW #2-E
READ AS FOLLOW5: "CUSTOMARY HONIE OCCUPATION5": AP7D THAT THE NEW #2-F READ AS
FOLLOWS: "THE RENTAL OF GUEST ROOMS TO NOT MORE THAN TWO PERSONS."
Ms. Schnabel stated she could not vote in favor of this motion, because she felt
they all should be licensed.
�
UPON A VOICE GOTE, fiARRIS, 5VANDA, HUGHES, A�VD WHARTON VOTING AYE, SCHNABEL
VOTING NAY, G`HAIR.PERSON HARRIS DECLARED TIiE MOTIDN CARRIED.
1�10TION BY MS. HUGHES TO RECOMA9E11TD THAT THE WORD5, "AND A LICENSE IS OBTAIIVED
FROM THE CITY" BE DELETED FROM Z'HE NEW ITEM #2-G. DWELLING, LIMITED.
THE MOTION DI�D FOR LACK OF A SECOND.
Ms: Schnabel stated that at the September 30, 1980, Appeals Cort�nission meeting,
the Appeals Commission had a discussion concerning the rewriting of the Zoning
Ordinance. It was their concern that special use permits were being permitted
as a me�hod of speeding up things and that special use permits were sometimes
used with some abuse, and that perhaps rezoning was really a more logical step
to take and mare fair to adjacent neighbors. She stated that, keeping the
Appeals Commission's concern,in mind, she had to question some of the things in
the special use section.
Ms. Schnabel stated that churches and private schoo7s in an R-1 area usually
take such a large body of land. Once these buildings are constructed, unless
they should be destroyed, she felt it would be more logical for that property
to always continue to be used for what it was built fior and it would be more
logical to rezone that piece of property from R-1 into some proper zoning.
�
�
�1
�—,
PLANNING COMMISSION MEETING, DECEMBER 3, 1980 PAGE 7
Mr. Boardman stated thereis no appropriate zoning for churches and schools.
It could be zoned commercial, but then if that church or school was ever closed,
it is a commercial zone for any commercial venture. Ne stated their main
concern used to be duplexes allowed in a single family zone with a special use
permit, but that has been eliminated.
Ms. Schnabel stated that a hospital was such an enormous faci]ity and to main-
�ain it in an R-1 zone with a special use permit almost makes the Zoning Code
seem like it is lacking something by not having a zone that can handle a
facility like that. Why not have a hospital zone?
Mr. Boardman stated they could set up so many different zones, they would not
be able to control them.
Ms. Hughes stated they should look at the permitted uses under tMe special use
permit to make sure they are uses that ought to be permitted.
(page 27)
205.073 Lot Requirements and Setbacks
Mr. Boardman stated
lot area from 7,500
9,000 sq. ft.
that the City Council has talked about changing the minimum
sq, ft. as recommended by the Planning Commission back to
The Commission members concurred that they did not w�ant to change their
recommendation and that the minimum lot area should remain at 7,5Q0 sq. ft.
Mr. Harris stated that in the Comprehensive Plan, they made the statement that
they were going to promote and make available affordable housing in the City of
Fridley. At the rate of land costs and building costs today, houses built with
a minimum square footage of 1,020 sq. ft. on a 9,000 sq, ft. lot is probably
in the neighborhood of $75,000 with an interest rate of 15%, and that is not
affordable housing.
(page 29)
Mr. Herrick made the following recommendation:
Delete #4-6-2: "side yard of five feet is required between building and
side proeprty lines"
(page 30)
205.076 Performance Standards
Delete #1-6. "The City shall require a special use permit for any open exterior
storage."
#3. Drainage and Grade Requirements - Delete "not to exceed four (4) feet" in
#3-A.
�
PLANNING COMMISSION MEETING, DECEM�ER 3, 1980 PAGE 8
(page 31)
#4-A REword as follows: "All open areas of any site, except for areas used
for parking, driveways, or storage shall be sodded, seeded, or have
vegetative cover."
MOTION BY MS. 5CHNABEL, SECONDED BY MR. SVANDA, TO CONTINUE PUBLIC HEARING ON
THE AN1EIdDMENT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, GEIdERALLY KNOWN AS THE
FRIDLEY ZONING CODE.
UP0111 A VOICE VOTE, ALL VOTING AYE, CHAIRI�4AN HARRIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
2. RECEIVE OCTOBER 15, 1980, PARKS & RECREATION COMMISSION MINUTES:
MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA� TO RECEIVE THE OCTOBER 15, I980,
PARKS & .RECREATION COMMISSION 1NINi7TES.
Ms. Hughes sta.ted she thought the Planning Commission should also see the maps
of the proposed NSP easement through North Park.
UPON A VOICE VOTE, �LL VOTING A YE, CHAIRMAN FiARRIS DECLARED THE MOTION CARRIED
UNARTIttiIOUSLY.
�
3. RECEIVE OCTOBER 23, 1980, SPECIAL HOUSIiVG & REDEVELOPMENT AUTHORITY ^'
MEETI�IG MINUTES:
MOTION BY MS. NUGHES, SECOlJDED BY MS. SCHNABEL, TO .RECEIVE THE OCTOBER 23; 1980,
SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING MIINUTES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECZARED THE MOTIOIV CA.RRIED
UNANIMOUSLY.
4. RECEIVE OCTOBER 28, 1980, ENERGY COMMISSIO�V MINUTES:
�OTION BY MS. SCHNABEL, SECONDED BY MR. 5VANDA, TO RECEIVE THE OCTOBER 28, 1980,
ENERG3.' COMMISSION MINUTES .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HAKRIS DECL.�IRED THE MOTION CARRIED
UNANIMOUSLY.
5. RECEIVE NOVEMBER 10, 1930, APPEALS COMMISSION MINU7ES:
MOTION BY MS. SCHNABEL, SECONDED B�'1�1R. SVANDA, TO RECEIVE TNE NOVEMBER 10, 1980,
APPEALS COMMISSION MlNU:ES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRI+IAN HARRIS DECLARED THE MOTION CARRIED
UNANIMOUSLY.
''1
PLANNING COMMISSION MEETING, DECEMBER 3, 1980 PAGE 9
�"'� 6. RECEIVE NOVEMBER 12, 1980, PARKS & RECREATION COMMISSION MINUTES:
MOTION BY �15. HUGHES, SECONDED BY 1�. SVANDA, � RECEIVE THE NOVEMBER 12, 1980,
PARKS � RECREATION COMMISSION MINUTES.
Ms. Hughes stated there is now a proposed Joint Powers Agreement for Islands
of Peace. She stated the Parks & Recreation Commission will be discussing this
again at their next meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN NARRIS DECLARED TNE MOTION CARRIED
UNANIMOUSLY.
7. RECEIVE NOVEMBER 13, 1980, HOUSIPdG & REDEVELOPMENT AUTHORITY MINUTES:
MOTION BY MS. SCHNABEL, SECONDED BY MR. SV.�INDA, TO RECEIVE THE NOVEMBER 13� 1980,
HOUSING & REDSVELOPMENT AUTHORITY MIPIUTE5.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRNIAN HARRIS DECLARED �THE MOTION CARRIED
UeVANIMOUSLY.
8. RECEIVE NOVEMBER l8, 1980, ENVIRONMENTAL QUALITY COi�IMISSION MINUTES:
MOTIQN BY NIR. SVANDA, SECONDED BY MS. SCHNABEL, TO RECEIVE THE NOVEMBER 18, 1980,
ENVIROIVMENTAL QUALITY COMMISSION MINUTES.
_,r.—� Mr. Svanda stated the Environm�ntal Qua7ity Conmission had adopted a draft
` noise ordinance and were r•ecommending approval by the Planning Commission and
City Council.
Mr. Svanda stated they also made a motion to send out a letter to service
organizations in the City to see if there v�as any interest in participating
in an Earth Day clean-up.
Ms. Hughes stated that the Environmental Quality Commission should be aware
that the interstate money that was going to go to Northeast Minneapolis has
been reallocated and the Northtown bridge is now funded. That money is to be
re]eased right away.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTIOIN CARRIED
UNANIMOUSLY.
9. RECEIVE NOVEMBER 25, 1980,APPEALS COMMISSION MINUTES:
MOTION BY MS. SCHIVABEL, SECONDED BY1�15. HUGHSS� TD RECEIVE THE NOVEMBER 25, 1980,
APPEALS COMMISSlON MINUTES.
UPON A VpICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED TNE MOTION CARRIED
UNANIMOUSLY.
�'1
PLANNING COMMISSION ��1EETING, DECEMBER 3, 1980 PAGE 10
10. OTHER BUSINESS:
A. Draft Noise Ordinance
MOTION BY MR. SVANDA, SECONDED BY MS. HUGHE5, TO RECEIVE THE DRAFT
NOISE ORDINANCE AS ADOPTED BY THE ENTIIROlJl4ENTAL QUALITY COMMI5SION
ON NOVEMBER 18, 198a.
Mr. Harris stated this should be put on the agenda for discussion
at the next Planning Commission meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECIlARED THE
MOTION CARRIED UNANIMOUSLY.
FtDJOURNMENT:
I�fOTION BY MS. HUGHES, SECUNDED BY 1'�2. SVANDA, TO ADJOURN THE MEETING. UPON A
V02CE [�OTE, ALL VOTING AYE, CHAIRMAN HARRIS DECL�IRED THE DECEA?BER 3, 1980,
PLANNING COMMISSION MEET22VG ADJOURNED AT 10:45 P.M.
Respectfully s bmitted,
���tC L-
yr�e Saba
Recordirng Secretary
_ �. .
�
__ ,•.r /�
�- _.
/
���
�