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PL 04/22/1981 - 30557� �, �"`� � CITY OF FRIDLEY PLANNING COMP4ISSION MEETI�dG, APRIL 22, 1981 CALL TO ORDER: Chairman Harris declared the April 22, 1981, Planning Commission meeting to order at 7:�5 p.m. ROLL CALL: Members Present: Mr. klarris, Ms. Gabel, Mr. Svanda, Mr. Wharton, Ms. van Dan, Ms. Hughes (arr. 7:48 p.m.) Members Absent: Mr. Oquist Others Present: Jerrold Boardman, City Planner Robert Friedly, 4061 - 88th Lane, Blaine Kenneth Jorgenson, 8101 Ruth Circle N.E. John Doyle, 6305 East River Road Jean Ann Hegner, 450 Hugo St. Camilla Schultz, 371 Hugo St. Karen & Mitchell Cook, 420 Hugo St. Richard Lund, 18036 Palm St., Cedar G. A. Hale, 5234 Taylor St. N.E. J.udy & Aaron Engebretson, 5216 Taylor St. N.E. � William kuether, 5268 Taylor St. N.E. Peter & Norma Filipovic, 31 Talmadge Way Qiann fdorfolk, 36 Talmadge Way Les 6Jatkins, 40 Osborne bJay Robert J. Galush, Twin City Federa] Harold & Harriet Overvig, 30 Osborne Way Jan Dean, 65 - 75th l�ay N.E. Nancy P+IcKay, 7449 Talmadge Lane APPROVAL OF APRIL 3, 1931, PLANPJING COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MS. VAN DAN� TO APPROVE THE APRIL 8� 1981� p�1VG COMMI55ION MINUTE5 AS WRTTTEN. UPON A VOICE VOTE, ALL VOTING AYE� CHAI'RMAN HARRIS DECLARED THE MOTION CARRIED UtVANIMOUSLY. 1. PUBLIC NEARING: REOUEST FOR A SPECIAL USE PERMIT, SP #81-03, BY ROBERT FRIEDLY: Per Section 205.10 , 3, 0, of t e Frid ey City Co e, to a ow a umper boat operation on a 98 ft. by 125 ft. site in Skywood Shopping Center, located on parts of Lots 4 and 5, Auditor's Subdivision No. 53, the same being 5255 Central Aven ue N.E. MOTION BY MR. SVANDA, 5ECONDED BY MR. WHARTON� TO OPEN THE PUBLIC HEARING ON SP #81-03 BY ROBERT FRIEDLY. UPON A VQICE VOTE, ALL VOTING AYE� CNAIRMAN HARRIS DECLARED THE PUBLIC NEARING OPEN AT 7:37 P.M. PLANNING COMMISSION MEETING, APRIL 22, 1981 � PAGE 2 Mr. Boardman stated this was the property between the existing minia�ure golf operation and Twin City Federal. The proposal is classified as a special use permit because this type of thing is a lease operation within the shopping center property itself'and is similar to other leasing operations within shopping centers. The proposal is for a seasonal-type of operation where there will be a large area of water with innertube-type boats with sma77 2 H.P. motors. Mr. Boardman stated two concerns Staff has concer.ning this type of operation are noise and appearance. It was stressed to the petitioner that because this is a seasonal type of operation, it would have to look good all year around, and that is very difficult to do. Mr. Boardman stated Mr. Friedly is in the audience to answer questions. Mr. Harris asked Mr. Friedly if he wished to make a statement concerning his proposal. Mr. Friedly stated he wou]d be willing to do any landscaping that is required by the City. He stated Mr. Boardman had indicated the need for trees, and Mr. Friedly is willing to make the area attractive during the months of operation and during the months it is closed. � Mr. Svanda.stated his biggest concern would be the noise impact on the surrounding neighbows. He�asked Mr. Fried]y if he knew what the noise levels would be. � Mr. Friedly stated that 1 meter away, it is 58 decibe]s, 10 meters away, it is less than 40 decibels, and 150 feet away, the motors cannot be heard, only the participants having fun. He anticipated there will be 12 boats, not a7] operating at the same time. Ms. Gabel asked about the hours of operation, Mr. Friedly stated he would probably open about June 1, and the hours of operation would be approximately 12:00 noon until about 11-12:00 midnight, Mr. Harris asked about the depth of the pool. PAr. Friedly stated the depth of the pool is 30 inches. He stated there �is little opportunity for accidents. The pPrson is strapped into the boat as a safety precaution, He stated this type of thing has been in operation for five years, and there have been no accidents. He has checked into the insurance requirements and will have the proper insurance coverage. � Mr. Harris asked how large an area there would be for the whole package. Mr. Friedly stated it is approximately 84 feet wide and ]25 feet long. He recently purchased the miniature golf course and intends to convert the golf course into something more aesthetically attractive. His intention is to make the area a family fun center. � � PLANKING COMMISSION MEETING, APRIL 22, 1981 PAGE 3 Mr. Harris asked how many parking stalls there would be. Mr. Friedly stated he feels the parking area allocated for the golf course is under-utilized. The prime hours of operation are when most of the shopping center is closed. He is in the process of negotiating a lease agreement with Mr. Mortenson who owns the shopping center, and the lease agreement is contingent upon the City's approval. He stated parking has not been addressed, but he could make sure that it is addressed. . Mr. Harris stated that parking is one of the City's concerns. Mr.. Friedly stated that the City of Coon Rapids recently approved a similar package and they estimated 10 parking spaces needed for a single operation. (Ms. Hughes arrived at 7:48 p.m.) Mr. Wharton asked about fencing. Mr. Friedly stated he intended to fence the property, and would be happy to put up a six foot fence if the City required that. Mr. Boardman stated Staff is concerned about the type of traffic tF�ere is in the shopping center and the type of attraction this operation �ill have for kids. �"� ' Another concern wou7d be with 7andscaping, not only with the pool area, but also with trying to bring the shopping center up to overall standards, which they have not been able to do in the past with other special use permits within shopping centers. � Mr. Friedly stated that in the other two operations he has observed, this has attracted adults a�d families, as well as children. Children running through the parking lot on bicycles has not been a problem from what he has observed. Mr. Boardman stated Staff is also concerned about how long this operation would last if it was approved and built. They look at these things as temporary operations, a7though the owners of the business and the people making the proposals look at them as samething that will work over a period of time. He stated Staff looks at �he miniature golf course operations as being similar in nature to this bumper boat operation, and all �hree golf course operations in Fridley have not lasted very long. He believed that after a short period of time, the City would have an operation that is not a functional operation and is not maintained. Mr. Friedly stated he does not intend to invest large sums of money to let this go by the wayside. Mr. Richard Lund stated that the Coon Rapids Planning Commission recently approved a bumper boat operation. It was well received by the Planning Cor�nission and the City. He stated that an operation such as Lill.iputt in Coon Rapids draws families from the entire north area. As such, there is quite an investment in that area. If this bumper boat operation was approved and a miniature golf course was put in with it, they would have a package very similar to wh�t they have in Coon Rapids. PLANNING COMMISSION MEETING, APRIL 22, 1981 � PAGE 4 � Ms. Judy Engebretson, 5216 Taylor St., stated she lives above the area proposed for this operation. She stated their main concern is the noise. All their homes were built with the idea of �aking advantage of the view, with living rooms and bedrooms facing the back. She is already concerned with the noise they receive from the freeway, Central Ave,, from the cor�nercia7 area below them, and from cars racing up and down 52nd Ave., and now they may have to take some additional noise.� She did not know that when they built their home 17 years ago they would be over- looking a carnival-type atmosphere. She stated this area could possibly a7so become a hang-out for kids. � . Ms, Engebretson stated she did not think the bank would appreciate this kind of ' operation next door. She did not think this kind of operation would be in improve- ment to this area that already needs a facelift. Since it is a seasonal operation, there is the question of safety when it closes in the fall, because children can climb chain link fences. Ms. Engebretson stated she is also concerned with traffic. Because of the traffic situation on 52nd Ave, with no traffic signal, the State has recommended that the people in her.neighborhood go through the shopping center and use the 53rd inter- section to take advantage of the traffic signal. On the weekend, the parking lot is becoming so full that it is overflowing onto the driving lane through the cen�er, and she did not see where Mr. Friedly was going to get�the parking spaces for his . operation. '1 Mr. George Yale, 5234 Taylor St., stated his property is in direct view of the proposed area. He was concerned about noise, because they have had a problem in the past. He was concerned about the concept of usirig a shopping center for an amusement center. Is it a shopping center or is it an amusement center? He would appreciate the Planning Commission keeping this in mind when maki:ng their decision. Mr. Robert Galush, Twin City Federal, stated there were several things about this proposal that disturbed him: (1) The traffic danger to children coming around this area where they have a drive-up window. TCF is planning on expanding that drive-up from a single lane to 3-4 lanes and this is on the north side of the building. (2) In the purchase agreement, they have an agreement that pertains to the fact that TCF has 20 parking spaces in the shopping center in addition to the parking they now have on their own l�and. (3) He is concerned about how it is going to detract from the general appearance of the "main street" of Fridley, (4) Where�are the kids going to go to use restroom facilities? They will probably use the bank's restroom facilities and drinking�fountains, (5) The noise factor. It is going ta be difficult to try to speak into a microphone in the drive-up lane with 50 decibels of noise going on right next door. . Mr. Galush stated this type of operation just did not project the kind of image they�would expect from a shopping center�area. He felt it was a nice thing for kids and families, but this is not the place for it. Mr. Bud Kuether, 5268 Taylor St. N.E., stated he would like to reiterate everything Ms. Engebretson had said. He a�as also advised by the State to use 53rd Ave, inter- �--� section to get onto Central Ave., because traffic is really bad between 3:00-6:00 p.m. Traffic is extremely bad on Friday and Saturday because of traffic to the bank, the flea market on Saturday, and the only safe way is to use the 53rd Ave. intersection. � �"� PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 5 MOTIOAI BY MS. GABEL� SECONDED BY MS. VAN DAN� TO CLOSE THE PUBLIC HF.ARING ON SP �181-03 BY ROBERT FRIEDLY. UPON A VOICE VOTE, ALL VOTSNG AYE, CHAIRMAN HARRIS DECLARED 2'NE PUBLIC HEARING CLOSED AT 8:20 P.M. Ms. van Dan stated she was really concerned about the noise to the residents. Ms. Gabel agreed that the noise was a big concern of hers also. She would also be concerned about the area becoming a hang-out. Mr. Friedly stated he would be willing to put in restroom facilities if the City required it. Mr. Wharton stated he could not understand why they were so concerned about the noise level of this operation when they see the baseball fields in residential areas of the City with bright 7ights and noise going on until 10:00 at night. To him, noise was not a big factor. He would be more concerned about restroom facilities. Ms. Hughes stated she would agree with that if some hours of operation were attached to the special use permit, such as 10:00 p.m. She had some concern about the direct sound lines that would go from this area to the neighborhood's bedroom ,�'� windows. They are forcing people to air condition their homes when they create further noise prob]ems. In terms of energy, that was something she would object to. Ms. van Dan stated she was also concerned about the parking. It is a pretty full parking lot, even during the day. She has also used the 53rd intersectlon, rather than go onto Central Ave. at 52nd Ave. MOTION BY MS. GABEL� SECONDED BY MS. HUGHES, TD RECOMMEND TO CITY COUNCIL THE DENIAL OF THE REQUEST FOR A 5PECIAL U5E PERM7T� SP �81-03� BY ROBERfi FRIEDLY, PER SECTION 205.101� 3� O, OF THE FRIDLEY CITY CODE� TO ALL06t� A BUMPER BOAT OPERATION ON A 98 FT. BY 125 FT. SITE IN SKYWOOD SHOPPING CENTER, LOCATED ON PARTS OF LOTS 4 AND 5� AUDITOR'S SUBDIVISION�ND. 53, THE 5AME BEING 5255 CENTRAL AVE. N,E., FOR THE FOLLOWING REASONS: 1. THE ALREADY EXISTING NOI3E LEVEL5 2. TXE TRAFFIC S.ITUATION AND THE POTENTIAL PROBLEMS WITH PARKING 3. THE SAFETY OF THE YOUNG PEOPLE WHO WOULD USE TNE AREA UPON A VOICE VOTE, HARRIS, GABEL, HUGHES, AND VAN DAN VOTING AYE, WHARTON AND SVANDA VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 4-2. Mr. Harris stated the reason he voted nay was because he did not think this was an appropriate use as an accessory use to the shopping center as he has opposed all similar accessory uses to all shopping centers that have been put in in the past. ,-� Mr. Harris siated that SP #81-03 was recorr�nended to City Council for denial and would go to City Council on May 4. � PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 6 /'1 2, pUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT, SP #81-04, BY KEtdNETH U. JORGENSON: Per Section . ,,, o e ri ey City Code, to a low the construction of a second accessory building, a 24' by 30' detached garage, on Lot 10, Block 5, Bourdeaux's Spring Brook Addition, the same being 8101 Ruth Circle N.E, MOTION BY MR. SVANDA, SECONDED BY MS. GABEL, TD OPE1N THE PUBLIC HEARING ON SP #81-04 BY KENNTH JORGENSON. irPON A VOICE VOfiE, ALL VOTING AYE, CNAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8: 37 P. M. Mr. Boardman stated Mr. Jorgenson's proposal is to build a detached garage with access off Ruth Street. Mr, Jorgenson presently has an attached garage. Mr. Harris asked Mr. Jorgenson if he would like to make a statement. Mr. Jorgenson stated that because of the need for more storage ard housing cars, he plans on building a 24' x 30' garage. His present garage is 20' x 22' and later on he plans to convert the attached garage to living space. Mr. Harris stated his only concern would be that at the time.of the conversion of the attached garage, the driveway to that garage be removed. MOTION BY N1lZ. WHARTON, SECOIdDED BY MS. HUGHES, TO CLOSE THE PUBLIC HEARING ON /� SP�#81-04 BY KENNTH JORGENSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 8: 45 P.1VI , MOTION BY MR. WHARTON� SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR A SPECIAL USE FERMIT� SP #81-04,BY KENNTH JORGEIVSON, PER SECTION 205.051� 2� A� OF THE FRIDLEY CITY CODE, TO ALLOW TNE CONSTRUCTION OF A SECOND ACCESSORY BUILDING� A 24' BY 30` DETACHED GARAGE� 0111 LOT 10� BLOCK 5� BDURDEAUX' S SPRING BROOIC ADDITION � THE SANIE BEING 8Z 01 RUTH CIRCLE 2V . E., WITH NO STIPULA2'IO1VS . MOTION BY MS, VAN DAN, SECONDED BY MS. GABEL� TO AMEND THE MAIN MOTION TO IIVCLUDE THE STIPULATION THAT WHE1V THE PRE5ENT GARAGE IS CONVERTED TO FAMILY LIVING SPACE, THE DRSVEWAY BE REMOVED. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE AMEIVDED 1+?AIN MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN NARRIS DECLARED THE MAIN MOTION AS AMENDED CARRIED UNAIVIMOUSLY. Mr. Harris stated this would go to City Council on May 4. r"� ,.,1 PLAN�ING COMMISSION MEETING, APRIL 22, 1981 PAGE 7 3. PUBLIC_HFARING: REQUEST FOR A SPECIAL USE PERMIT, SP #81-05, BY LEIGH I VESTMEfJTS, INC.: Per Section 2�.051 , 3, �, of t�Frial-ey City Co e, to a ow t e construction of a duplex in R-1 zoning (single family dwelling areas), on Lot 4, Block 2, Leigh Terrace, the same being 20 Osborne Way N.E. MOTION BY M5. NUGHES, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARIIVG ON SP �81-05 BY LEIGH INVESTMENTS� INC. UpON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8:50 P.M. Mr. Boardman stated the proposal was for a duplex to be built on the corner of East River Road and Osborne Way. He stated this meets all the requirements for lot size and setbacks. Fie stated the petitioner is in the audience. Mr. Harris_asked Mr. Doyle if he wished to make a statement, Mr. Doyle stated that on two separate occasions on this particular lot, they have had single family homes sold and on both occasions when it came to obtaining financing, the lending agents declined to provide financing because the lot is on heavily traveled streets. In order to get the 7ot developed and done in a manner consis�ent with what the neighbors would like to see in this area, they are �� proposing a duplex design that from the outside has the appearance of a single -- family home. They would like to get a buyer who wou]d be able to begin with a small family and would eventually utilize the whole home. The upstairs floor plan is identical to the home next door. All they have done is taken that same floor plan and duplicated it downstairs and provided an entry way, a small laundry, and an entry way area. In addition to that, they have supplied two single car attached garages to provide the garage and parking facilities necessary. Mr. Boardman stated that he just realized that a three-car garage is required for R-2. Mr. Les Watkins, 40 Osborne Way, stated that due to the fact that this loi is on East River Road and traffic is heavy and the fact that they are unable to get a single family dwelling on this lot; he wfluld like to see the Planning Commission approve this duplex, rather than see some other kind of usage of this lot ]ater on. Mr. Harold Overvig, 30 Osborne Way, stated he lives next door to the lot. He would like to see something on this lot; and if they cannot have a single family home, he would not object to a duplex, provided Mr. Doyle gets a family or a couple to buy the property and live in it and rent out the second apartment, Mr. Narris asked Mr. Dayle if he planned on fencing or having a barrier along East River Road. Mr. Doy1e stated he probably would have to because of the noise level on East River Road. The problem�is interfacing the fence with the bike easement. PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 8 ^ Ms. Diann Norfolk, 36 Talmadge Way, stated they bought their home in August 1980, believing that the area was all privately owned homes. She stated that Mr. Doyle has stated he plans to get a�amily to buy the duplex and eventually take over the entire home. She stated that would be fine, but supposing the other side of the duplex is empty for six months or more, then there are more reasons for vandalism and wild parties. She recently moved f rom a duplex and knows the � numerous problems with transient people and the poor upkeep of the d�elling. There is not the feeling of a total community once.there are transient neighbors. She did not think this duplex a�as what they needed in their neighborhood. � Mr. Doyle stated he felt that if they get a buyer who is the owner-occupant,the owner is going to have as much pride in the property as the rest of the people in the neighborhood. He also plans to make the duplex affordable. MOTlO1V BY MS. HUGHES, 5ECONDED BY 1�. WHARTON, TO CLOSE THE PUBT,IC NEARING ON SP �81-05 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:15.P.M. Ms. Hughes stated that this plan as drawn seems to be very appropriate for this neighborhood and gives the apperance of a single family dwelling. She stated she . liked the arrangement in trying to control noise by having the garage on the street side. She did not see any disadvantages to the proposal at all. '"� MOTION BY M5. HUGHES� SECONDED BY MS. VA111 DAN� TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT� SP #81-05� BY LEIGH INVESTMENTS, INC.: PER S�CTION 205.OSZ� 3� D, OF THE FRIDLEY CITY CODE� TO ALLOW THE CONSTRUCTION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREASj, ON LOT 4� BLOCK 2� LEIGH TERRACE, THE S�ME BEING 20 O5BORNE WAY N.E., ACCORDIIVG TO BUILDING PLAN� EJf1IBIT A, WITH THE FOLLOWING STIPULATIOIVS: 1. THAT IT MEETS THE 10�000 SQ. FT. REQUIREMENT FOR DUPLEXES 2. THAT UTILITY, DRAINAGE, AND BIKEWAY EASEMENTS ARE PRESERVED 3. THAT THE TNIRD GARAGE IS PROVIDED. UPON A VOICE VOTE, HARRIS, SVANDA� HUGHES� VAN DAN� AND WHARTOAI VOTING AYE, GABEL VOTING 1VAY� CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. Gabel stated she has no problem with this plan�, but she voted nay because of her opposition to spot rezoning. . 4. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVEST- ENTS , I NC. : Per Secti on 205.05 ,�3, �, of tF�ie Fri dl ey Ci ty Co�e, to a�`Iow t_e construction of a duplex in R-1 zoning (single family dwelling areas) on Lot 3, Block 1, Leigh Terrace, the same being 31 Osborne Way N.E. MOTIDN BY MR. SVANDA� SECONDED BY MS. GABEL� TO OPEN THE PUBLIC NEARING ON SP #81-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOZ'E, ALL VOTING AYE, CHAIRMAIV HARRI5 DECLARED THE PUBLIC NEARING OPEN AT 9:25 P.M. � � PLANNING COMMISSION MEETING, APRIL 22, 1981 � PAGE 9 Mr. Boardman stated this lot was across the street from SP #81-05, This lot is not 10,000 sq. ft. which is required and would require a variance if the special use permit is approved. The proposal is also for a duplex which is set up with a double garage. It would also require an additional third stall. It will meet the setback limitations. Mr. �oyle stated that this is the same idea as SP #81-05 but with a different plan. The house is specially designed for this lot. He stated they were trying to accom- plish the same thing with this dwelling and they were doing it for the same reasons as the previous proposal. He stated he would iike to address the issue �f the lot' size requirement, He believed that when the lot was p7atted, the City had taken _ into account the St. Paul Waterworks property as green area in the back and that it was considered the same as a 10,000 sq. ft, lot. Mr. Boardman stated he would check the records regarding this. Mr. Les Watkins, 40 Osborne Way, stated he was in favor of this proposal for the same reasons he had stated for the previous proposa] (SP #81-05). Ms. Jan Dean, 65 - 75th Way N.E., stated that an this particular corner, there is a bus stop and the area is essentially leve7. It is an�interesting piece of land, and now Mr. Doyle wants to put a two-story dup7ex in there. She thought this was i"'�� going back to spot rezoning. She did not have any real objections to the duplex going in across the street, but she did have problems with this proposal as she did not like to see another spot rezoning when there is going to be so many variances. After checking the City records, Mr. Boardman stated that the plat was approved by the Planning Commission in 1975 with the condition that they get written easement from St. Paul 4laterworks. There was a]etter of agreement from the Water Dept. of St. Paul dated April 15, 1976, that would allow the use of the St. Paul Waterworks property as a portion of lot size with conditions. The City Council approved the plat on �ay 17, 1976, and because of the agreemen:t, it brings this lot to over�the required 10,000 sq, footage. MOTION BY MS. HUGHES, 5ECONDED BY �15. GABEL, TO CLOSE THE PUBLIC HEARING ON SP #81-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS�DECL'ARED THE p��C HEARING CLOSED AT 9:42 P.M. Ms. Hughes stated this plan may be the only way this lot can be used, but_it did not have the advan�ages of the other lot as far as the buffering of noise from East River Road and as far as screening East River Road from the ]iving rooms. She stated that at this point, she could not approve this request as she was not sure this was the structure they wanted to see and she was not convinced this was the right use for that property. /� MOTION BY MS. HUGHES TD CONTINUE THE REQUEST FOR SPECIAL USE PE.RMIT� SP #81-06, BY LEIGH INVESTMENTS, INC ., AND ASK TNE PETITIONER TO COA7E B.�CF: 6t�ITH A BETTER DESIGN FOR THE LOT. PLANNING COMMISSION MEETING, APRIL 22, 1981 � PAGE 10 �.,1 MOTION DIED FOR LACK OF A SEGOND. MOTIOIV BY MR. WHARTON, SECONDED BY MR. SVANDA� TO RECOMMEND TO CITY COUNCIL APPROVAL OF A 12�QUEST FOR A SPECIAL USE PERMIT� SP �I81-06� BY LEIGH INVESTMENT5� INC., PER SECTION 205.051� 3� D, OF THE FRIDLEY CITY CODE� TO ALLOW THE CONSTRUC- TION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREAS), ON LOT 3� BLOCK 1, LEIGH TERRACE, THE SAME BEING 3Z OSBORNE WAY N.E., WITH NO STIPULATIONS. Ms. Gabel stated she felt the third car.garage stipulation should be added to the motion, because of the traffic problems on East River Road, If there was any parking in the street, there could be even more problems. Ms. van Dan stated she was concerned about trying to squeeze a lot of building onto a small piece of property. Ms. Gabel stated she objected because this was,again, spot rezoning. The house is an atrocity, and the neighbors seem more opposed to this structure. UPON A VOICE VQTE, SVANDA AND WHARTON VOTING AYE, GABEL, HUGHES� AND VAPI DAN VOTING NAY, AND HARRIS AB5TAINING, CHAIRMAN HARRI5 DECLARED THE MOTION FAILED BY A VOTE OF 3-2. •• MOTSON BY MS. VA1V DAN� SECONDED BY MS. HUGHES, 2'O TABLE THE REQUE5T FOR A SPECIAL • USE PERM�T, SP #81-06, BY LEIGH INVESTMENTS, INC., PER SECTION 205.05Z, 3, D, OF � THE FRIDLEY CIZ'Y CODE� TO ALLOW THE CONSTRUCTION OF A DUPLEX IN R-1 ZONING (SINGLE FANIILY DWELLING AREA5), ON LOT 3� BLOCK 1� LEIGH Z'ERRACE� THE SAME BEING 31 OSBORNE WAY N.E., AND TO REQUEST THE PETITIDNER TO RECONSIDER THE DESIGN OF THE DUPLEX. UPON A VOICE VOTE, H�IRRIS, VAN DAN, HUGHES� AND WHARTON VOTING AYE� GABEL AND SVANDA VOTING NAY, CHAI�N HARRIS DECLARED THE MOTION CARXIED BY A VOTE OF 4-2. 5. PUBLIC HEARING: REZOidING REQUEST, ZOA #81-03, BY JOHN R. DOYLE: Rezone from R- single fami y dwelling areas to R-3 genera inu tip e family dwellings), Lot 78 and 79, Block 2, Riverview Heights, so that all the property under one ownership are the same zoning, to allow the construction of two (2) 4-unit dwellings, being addressed as 391-93-95-97 Hugo and 401-03-05-07 Hugo Street N.E. MOZ'ION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING'ON ZOA #81-03 BY JOHN R. DQYLE. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN NARRIS DECLARED THE PUBLIC HEARING OPEN AT 9:55 P.M. � Mr. Boardman stated that he and Mr. Doyle have discussed the potential for develop- ment for this area. They discussed several possibilities. P9r. Doyle is proposing two 4-unit dwellings. Mr. Boardman stated it was his recommendation that the parking be put between the two structures. This would buffer the noise and traffic situation f rom the single family homes. He stated Mr. Doyle has applied for a varaance on lot size. The City will be requesting bikeway easement within the '� property area i tsel f. . PLANNiNG cOMr�TSSiON MEETiNG, APRIL 22, 1981 PAGE 11 � Mr. Harris asked Mr. Doyle if he would like to make a statement. Mr. Doyle stated that three years ago, he looked at putting a 10-unit building on this site and had all the documentation for approval for the permits. Unfor- iunately, that was about the time financing tightened up and the situation has worsened since. At this point in time, if you are looking for any financing for over 5 units or under 25 units, the lenders are just not•interested. So,that put him in the situation of looking at alternatives. . Mr. Doyle stated that one alternative was to put a single family home on the single family lot and some type of apartment on the R-3 zoned lots that are left. In order to meet the financing requirements, it wou]d probably entail going into some kind of condominium-type of arrangement. That rea7ly did not appeal to them very much because it dumps a lot more driveways onto Hugo St., and traffic is a big concern in this neighborhood. Mr. �oyle stated another alternative was to do a double side-by-side with a single family home. The density would be about the same, but•it would be dumping more driveways onto the street and there would be more ground coverage in terms af buildings. Mr. Doyle stated they have tried to put something together that is aesthetica]]y pleasing, but wi71 a]low them to obtain financing. At this point in time, they ^ have an owner-occupant buyer on both of the bui7dings. Mr-F�°ank Negner, 450 Hugo St., stated he bought his home with the understanding that there would be a single family home on the R-1 lot. He cannot see two 4- plexes in there. With apartments in there, their property values wi7] go down. He would rather see two homes go in and leave apartments where they are supposed to be in another neighborhood. Mr. Heg�ier stated that Hugo St.is very narrow and a car cannot get through if two cars are parked on both sides of the street. The driveway coming out from the four-plexes would be right across from his driveway. Ms. Karen Cook, 420 Hugo St., stated she felt there would be a lot of problems with traffic and safety. In six houses on the street, there are already 13 children. People visiting the apartments would have to park on the street, and the children are constantly crossing the street to go to the park or the Frid7ey Food Market. Another concern is the poor upkeep of apartment buildings. Ms. Camilla Schultz, 371 Hugo St.,stated they are between East River Road and the railroad tracks, and they have enough noise. Mr. Boardman stated that because Mr. Doyle wants to split the four-plexes into separate ownerships, he has applied to the Appeals Commission for variances on � each property. n Ms. Gabel stated that the Appeals Conunission took a look at the overall impact of � the fact that Mr. Doyle can, in fact, build 7 units on the existing R-3 lots, and it was the Appeals Cor�nission's overall fee]ing that it was better to split it PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 12 into two buildings, rather than have one large mass of building sitting there. They felt that would be better for the neighborhood. Mr. Harris asked about storage. Mr. Doyle stated there would be storage within the buildings. He stated it is the buyer's intention to build some garages over what is-now the parking area. M'�. Hegner stated he was concerned about camping trailers, boats, etc. Where are these going to be kept? MOTION BY A9R. WNARTON, SECONDED BY MS. VAN DAN, TO CLOSE THE PUBLIC HEARING ON ZOA #81-03 BY JOHN R. DOYZ,E. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 10:45 P.M. Ms. Hughes stated that in looking at the total package•and what has been requested, one item that disturbs her is the variance from 15,000 sq. ft. dawn to a 10,000 sq. ft. zoning requirement. That is one-third of the lot. Since they are dealing with rezoning, she would find it very difficult to separate the rezoning from the lot split just because of that factor. She would be inclined to decline the rezoning, and she thought it would be useful to see what kind of proposa7 Mr. Doyle could design for 7 units for the existing R-3. �1 Ms. Hughes stated she would be more inclined to see a lot split to make a 75' single family lot and then possib7y a four-plex on the other part. Mr. Harris stated he also did not like this plan, He thought asking for two four- plexes was asking for too much. It was trying to put too much on too small a piece of property in this particular location. The units are quite sma]1, there is not really any storage, no garages, and 16 parking stalls is the bare minimum. He agreed with Ms. Hughes that 25 ft. could be taken from the R-3 property and added to the R-1 to make a 75' single family lot and then a four-plex on the rest. That would make five units. � MOTION BY 1�5. HUGHES, 5ECONDED BY MS. VAN DAN, TD REC0�9MEND T� CITY COUNCIL DENIAL OF REZONING REQUEST, ZOA #81-03, BY JOHN R. DOYLE, TO REZONE FROM R-1 (SINGLE FAMILY DWELLING AREAS) TO R-3 (GENE.RAL MULTIPLE FAMILY DWELLINGS)� LOT 78 AND 79, BLOCK 2� RIVERVIEW HEIGHTS, SO THAT ALL THE PROPERTY UNDER ONE OWNERSNIP ARE THE SAME ZONIIAG, TO ALLOW THE CONSTRUCTION OF TWO (2) 4-UNIT DWELLINGS, BEING ADDRE5SED AS 390-93-95-97 HUGO AND 401-03-05-07 HUGO STREET N.E., FOR 2'HE FOLLOWTNG REASONS: 1. SNADEQUATE LOT SIZES Z. THE TRAFFIC PROBLEM IS INAPPROPRIATE TO THE NEIGHBORHOOD AND STREET CONDITIONS . UPON A V�ICE �TOTE, ALL VOTING AYE, CHAIRMAN NARRIS DECLARED THE MOTION CAP.RIED UNANIMOUSLY. '� PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 13 � . Mr. Harris stated ZOA #81-03 is recommended to City Council for denial and will go to City Council on June 8. 6. LOT SPLIT REQUEST, L.S. #81-03, BY JOHN R. DOYLE: Split off the East 50 feet of Lots 80, 81, 82, and 83 and add it to Lots 78 and 79, Block A, Riverview Heights, for a building site for a 4-unit dwelling, the same being 391-93-95-97. Hugo Street N.E. � Withdrawn at petitioner's request. � � (Mr. Wharton left the meeting at 11:06 p.m.) � 7. RECEIVE APRIL 14, 1981, APPEALS COP1MISSIO(V MINUTES: MOTION BY MS. GABEL, SECONDED BY MS. BUGHES� TD RECEIVE THE APRIL l4� 1981, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE APRIL 2, 1981, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MS. VAN DI�1V, SECONDED BY MS. GABEL, 2'D RECEIVE THE APRIL 2, Z981, � HUMAN RESOURCES COMMISSl�ON MINUTES. � . s Ms. van Dan stated the Human Resources Commission is in the process of redefining their goals. One of their old goals is "Social/Economic Development - Corrections". The Corr�tission questioned whether the Human Resources Commission should be addressing law enforcement issues and crime prevention. Does the Planning Commission feel this is the responsibi]ity of the Human Resources Commission? Mr. Boardman stated he did not fee] that it should be the respansibility of the Human Resoures Commission to address those types of issues. Mr: Harris agreed with Mr. Boardman and that the Wuman Resources Commission is not the appropriate commission if they do not feel comfor�able with it. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HAFZRIS DECLARED THE MOTION CARRIED UNANIMOUSZY. ' 9. RECEIVE APRIL 9, 1981, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MS. HUGKES, SECONDED BY MS. VAN DAN� TO RECEIVE THE APRIL 9, 1981, HOU5ING & REDEVELOPMEIVT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMIlN HARRIS DECLARED TXE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 14 ^ ADJOURNMENT: MOTION BY MS. GABEL, SECONDED BY �S. VAN DAN, TO ADJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE, CXAIRMAN HARRIS DECLARED THE APRIL 22, Z981, PLANNING COMMISSION MEETING ADJOURNED AT ZI:30 P.M. Respectfully submitted, J c.� �c� Lyn e Saba Recording Secretary �"'� �