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PL 03/24/1982 - 6772PLANNING COMMISSION MEETING CALL TO ORDER: ROLL CALL: City af Fridley AGENDA WEDNESDAY, MARCH 24, 1982 APPROUE PLANNING COMMISSION MINUTES: MARCH 10, 1982 1. PllBLIC HEARING• REQUEST FOR A SPECIAL USE PERMIT, Sf' #tsz-ui BY JOSEPH PEROZZI: Reapproval of a Special Use Permit, SP #79-04, Per Section 205.157, 5> D, to allow the construction of a dwellin9 in the flood plain (CPR-2 Zoning) on Lots 28 and 29, Block R, Riverview Heights, the same being 8181 Riverview Terrace N.E. 2. APPROVE ENERGY COMMISSION MINUTES: MARCN 3z _1_982 MOTION that Council include energy considerations in the revised Housing Maintenance Code MOTION TO SUPPORT Environmental Quality Commission's efforts in Recycling, etc. 3. APPROVE HUMAN RESOURCES COMMISSION MINUTES: MARCH 4, 1982 n �9 L MI APPROUE APPEALS COMMISSION MINUTES: MARCH 16, 1982 DISCUSSI�N ON CENTER CITY REZONING 7. OTHER BUSINESS: ADJOURNMENT: 7:30 P.M. PAGES 1-5 6 - 23 ORCHID SALMON 9, PINK YELLOW CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 10, 1982 CALL TO ORDER: Uice-Chairperson Oquist called the March 10, 1982, Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Ms. van Dan, Mr. Saba (arr, 8:45 p.m.) Members Absent: Mr. Narris Others Present: Jerrold Boardman, City Planner Scott Wheeler, Planning Intern Ron Miller, 5705 Jackson St. N.E. Mark Anderson, 556 - 37th Ave. N.E. Allen Stahlberg, 305 - 89th Ave. N.E., Blaine Donna J. Miller, 6430 East River Road Peter D. Eisenzimmer, 6535 Oakley Dr. N.E. APPROVAL OF fEBRUARY 24 1982, PLANNING COMMISSION MINUTES: MOTION HY MR. KONDRICK, SECONDED BY M5. GABEL, TO RPPROVE THE FEBRUARY 24, 1982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� RLL VOTING AYE� vICE-CHASRPERSON OQUIST DECLARED TXE MOTION CARRIED UNRNIMDUSLY. 1. TABLED: REQUEST FOR A LOT SPLIT, L.S. #82-02, BY MARK ANDERSON: Split off t�ieRorth 81 feet of-Lot�$Fr, Auditor—'s Sub3ivisio-n�Vo. 9 3 ississippi Street N.E.) to �ake a buildable lot, the same being 6530 Oakley Street N.E. MOTION BY MR. SABA, SECONDED BY MR. SVANDA� TO REMOVE L.S. N82-02 BY MARK ANDERSON FROM THE TABLE. IIPON A VOSCE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated this item was tabled at the last Planning Commission meeting because Mr. Anderson was not at the meeting. He is at the meeting tonight. He stated it is Staff's recommendation that the Planning Comnission approve the lot split with the condition that a 10 ft. bikewayJwalkway easement be retained along Mississippi St. He stated this easement has been discussed with Mr. Anderson, He stated Mr. Anderson has applied for variances and those variances will be going through the Appeals Conenission, Staff will tie both the variances and the lot split together before going to City Council, PLANNING COMMISSION MEETING, MARCH 10 1982 PAGE 2 Mr. Ron Miller, 5705 Jackson St. N.E., stated he and Mr. Anderson will be purchasing the new lot. He asked Mr. Boardman to describe the bike�ay/walkway easement. Mr. Boardman stated that right now there is a sidewalk along Mississippi 5t., and the City needs to room to expand the sidewalk for a bikeway on the north side of Mississippi. At one time, a bikelane was striped on Mississippi, but when the County changed Mississippi to a four-lane road, they eltm�nated the bikeway. That is why the City is requesting a 10 ft. bikeway/walkway easement on al] new requests. MOTION BY MR. KONDRICK, SECONDED BY MS, VAN DAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF IAT SPLIT REQUEST� L.S. #82-02, BY MARK ANDERSON, TO SPLIT OFF THE NORTH 81 FEET OF LOT 8H, AUDITOR'S SUBDIVISION NO. 21 (953 MISSIS5IPPI STREET N.E,) TO MRKE A NEW BUILDABLE LOT, THE SAME BEING 6530 OAKLEY STREET N.E.� WITH THE FOLLAWING TWO STIPULATIONS: I. THE fAT SPLIT B& CONDITIONED UPON THE APPLICATSON FOR REAR YARD VARIANCES. . 2. THE CITY RETAIN R IO FT. BIKEWAY/WALKWAY EASEMENT ON MISSISSSPPI ST. UPON A VOICE VOTE� ALL VOTING AYE, 92CE-CHAIRPERSON OQUSST DECLAFZED THE MOTION CARRIED UNRNIMOUSLY, Mr. Boardman stated the variances wi17 go to the Appeals Commission on March 16, and then both the lot split and the variances should go to City Council on March 22. (Mr. Saba arrived at 8:45 p.m.) 2. LOT SPLIT REQUEST� L.S. #82-03, BY DONNA MILLER: Split Lot 1, Bdock 1, �7eit's 2�A�dition,�� Lot 26, Auditor s Sub. No. 23, combined into three lots: (110 - b4 1/2 Way N.E.) The easterly 65' of Lot 1, Block 1, Veit's 2nd Addition together with the easterly 75.19' of Lot 26, A.S. #23, and (120 - 64 1/2 Way N.E.) The Easterly 140' of Lot 1, Block 1, Veit's 2nd Addition, except the easterly 65', together with the easterly 150.19' of Lot 23, A.S. #23, except the easterly 75.19`, and (i10 - 64 1/2 Way) The westerly 128,01' of Lot 1, Block 1, Veit's 2nd Addition, together with the westerly 121.23' of Lot 26, A.S. #23. (This lot is presently,addressed as 6430 East River Road, but if the lot split is approved, it wil7 require an address change.) Mr, Boardman stated this layout has now been changed and the 7ega7 description has been changed. Before, the lot lines were uneven, and they have now evened up the lot lines for a simpler lot split, MOTION BY MS, GA$EL� SECONDED $Y MR, KONDRICK� SD RECEIVE THE REDEFINED SURVEYOR'S MAP OF THE LOT SPLIT. - UPON A VOICE VOTE� ALL VOSING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOSION CARRIED UNANIMOUSLY. PLANNING COMMISSION�MEETING, MARCH 10, 1982 PAGE 3 Mr. Boardman stated this is now a very simple lot split. There are presently two buildable lots, and Ms. Miller wants to posftion those lot lines to make it easier to build on and to make three lots. Al1 of the lots are over 9,000 sq, ft. The surveyor's drawing shows that a portion of the Qroperty is on East River Road. That is probably dedicated as street easement, but it should be cleared up before final approval of the lot split. He stated Ms. Miller should check on this, and the Planning Commission should �ake the recommendation that if the easement is not there now, it should be. It is also advisa6le that the petitioner apply for a vacation of the drainage and utility easement, but that is up to the petitioner. MOTION BY MR. SVANDA� SECONDED BY MR. KONDRICK, TO RECOMMEND TO CZTY COUNCIL APPROVAL OF LOT SPLIT REQUESS� L.3. �82-03� BY DONNA MILLER TO SPLIT OFF LAT 1� BLOCK 1� VEIT'S 2ND ADDITION, AND IAT 26� AUDITOR'S $UB. NO. 23, INTO THE FOLLOWING THREE DESCRIBED TRRCTS: (190 64 1/2 WAYJ� TRACT 1: THE 50UTHWEST I38.01' OF LOT L� BLOCK S� VEIT'S 2ND ADDITION AND OF LOT 26� AUD. SUB. NO. 23� (220 64 1/2 WAY)� TRACT 2: THE SOUTHWEST 204.1' OF 7AT 2� BLOCK Z� VEIT�S 2ND ADDITION AND OF LOT 26� AUD. SUB. NO. 23� EXCEPT THE SOUTHWEST 238.2' THBREOFj AND (.210 64 1/2 WAY1, T�CT 3: IAT 1� BLOCK 1� VEIT`S 2ND AADSTION� AND IAT 26� R[ID. SUB. NO. 23� EXCEPT THE SOUTHWEST 204,01� THEREOF� RND EXCEPT THE NORTHEAST 28.5' OF SAID LOT 26. TRACT BEING USED FOR EAST RIVER ROAD BUT OWNED BY CLIENT: THE NORTHEAST 28.58` OF lAT 26� AUD. SUB. NO. 23; AITH THE PROVISION THAT THE FROPERTY OWNER CHECIC ON THE ERSEMENT FOR THE 75� x 28.58' PORTION ON THE EAST SZDE OF THE PROPERTY EXTENDZNG INTO EAST RIVER RORD� AND DEDICATE SUCH EASEMENT TO ANOXA COUNTY, IF THIS HAS NOT ALRERDY BEEN DONE. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated L.S. #82-03 would go to City Council on March 22. 3. RECEIVE FEBRUARY 17, 1982, HOUSING & RE�EVELOPMENT AU7HORITY MINUTES: MOTION BY MR. SABA, SECONDED BY MS. GABEL� TO RECEIVE FEBRIIARY ].7� 1982� HOUSING & REDEVELOPMENT AUSHORZTY MINUTES. UPON A VOICE VOTE, RLL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. OTHER BUSINESS: a. Extension of 5pecial Use Permit, SP #78-10 by Allen B. Stahlberg Mr. Boardman stated the Commission had received a copy of a letter from Mr. Stahlberg. Mr. Stahlberg got a special use permit in 1978 for construction of a single family home in the flood plain. Since that time, he has had three extensions. At the last extension, the City Council stipulated that it be the last extension and that if there were any further extensions, Mr. Stahlberg would have to reapply for a new special use permit. PLANNING COMMISSION MEETING, MARCH 10, 1982 PAGE 4 Mr. Boardman stated that special use permits are set up under the Zoning Code to last for a period of one year. If the action that the special use permit was appiied for does not take p7ace within that one year period, the petitioner is required to go through the Planning Commission and City Council to request an extension. Since Mr. Stahlberg has already had three extensions, the City Council stipulated that no more extensions be given. MOTION BY �, KONDRTCK� SECONDED BY MR. SVANDA, TO RECEIVE THE LETTER FROM MR. ALLEN B, STAHLBERG bATED MARCH 8� 1982. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. Mr. Stahlberg stated that it is not that he has wanted to come back so many times for extensions, but it has been a matter of economics. He was laid off his job about a year ago, and he is now hoping to get back on his feet this fall in a new occupation, That is why he is requesting a one year extension, rather than six months, Right now he has plans with a builder to get an esttmate, Just comp7eting the bid process may take a few months, but he is trying to move as fast as he can. Ms, Gabel stated that if the Planning Comnission does not grant the extension, Mr. Stahlberg has to reapply for a new special use permit, go through another pu6lic hearing,and the findings are probably going to be the same, Mr. Boardman stated the Commission has to understand that every time there is an extension, there are staff costs--meeting time, review time, etc. He thought that was why after so many extensions, the City Council said there would be no more extensions. Ms. Gabel stated that normally she would agree with that, but she is wondering what there is to review about this. It is not something that is extremely complicated, and she just did not think the review time involved could be very significant. Mr. Svanda stated that if the Planning Commission denies the extension, Mr. Stahlberg has to go through the special use permit process all over again. Referring to Mr, Boardman's comment about staff costs, that $200 special use permit fee may or may not recoup the staff costs for reviewing, writing memos, and attending meetings to bring it back before the Planning Commission, and nothing has really changed. Granted, there have been a number of extensions, but it seems they were because of things that were possibly beyond Mr, Stahlberg's control, He thought they should give Mr. Stahlberg one more chance at it, since nothing has materialTy changed on the request. It is going to cost a few doliars just Co process the $200 on a new special use permit. PLANNING COMMISSION MEETING, MARCH 10, 1982 PAGE 5 MOTION BY MR, SVANDA, SECONDED BY MS. GABEL� TO RECOMMEND TO CITY COUNCIL RPPROVAL OF AN EXTENSION OF ONE YEAR FOR SPECIAL USE PERMIT� SP �78-10� BY ALLEN B. STAHLBERG, FOR THE FOLLOWING RSA50NS: 1. REQUIRING MR. STANLBERG TO GO THROUGH THE PRQCES5 AGAIN WOULD RESULT IN HIM HAVING TO SPSND ANOTHER $200. 2. IT WOULD REQUIRE THE EXPENDITURE OF ADDITIONAL STAFF TIME ABOVE AND BEYOND WHAT HAS ALREADY BEEN EXPENDED. 3, ST Z5 FELT THAT THE $200 WOULD PROBRBLY NOT COVER THAT ADDITIONAL SSAFF 22ME C0.STS AND IT COSTS MONEY SO PRDCESS THE PAYMENT. 4. NOTHING HAS APPARENTLY CHANGED TO WARRANT AN IN-DEPTH RE-REVIEW OF THE SITUATION, 5, DELAYS HRVE BEEN BEYOND MR. STAXLBERG'S CONTROL DUE TO A JOB LAY-OFF AND TNE PDOR HOUSING MARKET. UPON A VOICE VOTE� RLL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated this would go to City Council on March 22. ADJOURNMENT: MOTION BY MR. SABA� SECONDED BY MR. KONDRZCK� TO ADJOURN THE MEETING, UPON A VOICE VOTE� RLL VOTING AYE� VICE-CHRIRPERSON pQUIST DECLARED THE MRRCH 20� 1982� PLANNING COMMISSION MEETZNG AA70URNED AT 8;30 P.M. Res ectfully sub—� . y eSaa Recording Secretary PU6LIC HEARIiVG SEFORE THE PLANNING COt•iMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, March 24, 1982 in the CouRCil Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #82-01, by Joseph Perrozzi, per Section 205.1574, 4, to allow the construction of a new dwelting on Lots 28 and 29, Block R, Riverview Heights, in CRP-2 Zoning (Flood Plain), the same being 8181 Riverview Terrace N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H, HARRIS CHAIRMAN PLANNING COMMISSION Publish: March 10, 1982 March 1T, 1982 r P�ILING LIST SP #82-Q1 and Variance for Joseph Perrozzi Mary Kociemba 666 Ironton Street N.E. �Fridley, Mn 55432 Mr. & Mrs. Michael McCoy 671 Ironton Street N.E. Fridley, P�n 55432 Mr. & Mrs. Ernest Hansegaard 677 Ironton Street N.E. fridley, Mn 55432 Mr. & Mrs. Dennis Roelke 8215 Riverview Terrace N.E. Fridley, P1n 55A32 Robert M. Mikulak 8241 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Ronald Peterson 633 Hugo Street N.E. Fridley, P1n 55432 James C. Parker & Mary S. Masonick 669 Nugo Street N.E. Fridley, Mn 55432 ��1r. & Mrs. David �ones 677 Hugo Street N.E. Fridley, Mn 55432 Mr. & ��rs. George Elliot 695 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Schneppmuller 8151 Riverview Terrace N.E. Fridley, h1n 55432 Robert C. Lindbloom 6633 Cherokee Lane Brooklyn Park, Mn 55428 Mr. R Mrs. Roy Klingbeil 8199 Riverview Terrace N.E. Fridley, Mn 55432 Planning Commission March 5, 1982 Appeals March 5, 1982 City Council Mr. Dennis Lomenick 690 Ironton Street N.E. Fridley, Mn 55432 Mr. & �4rs. Donald Langford, Jr. 680 Ironton Street N.E. Fridley, Mn 55432 Mr. �, Mrs. John Henrick 670 Ironton Street N.E. Fridley, Mn 55432 Thomas Brandl 664 Ironton Street Fridley, Mn 55432 DeGardner Realty �025 University Avenue N.E. Columbia Heights, M�� 55421 Mr. & Mrs. Daniel St. Clair 8141 Riverview Terrace N.E. Fridley, Mn 55432 P1r. & Mrs. John Rice 696 Hugo Street N.E. Fridley, Mn 55432 Joseph Perrozzi 5100 Vincent Avenue North Minneapolis, F1N 55430 Mr. & Mrs. Gerald Blille 680 Hugo Street N.E. Fridley, Mn 55432 IJ , �' CITY OP PFl{pLEy� � . SUBJECT 6�731 UNIVEFiSITY AVE.� NE . � . FRI�LEY� MN. 55438 (612) v7'1-3450 ADDRESS SPECIAL USE PERMIT PLANNING CO(�19ISSTON: P,H. DATE.�'�-� ,Yy APPROVED CITY COUNCIL: CITY COUNCIL• STIPULATIONS: NAME `� � S :3 SP # � �-'O I DATE a I�-G ��Z DISAPPROVED DATE N0. P.H. REQ'� DA7E Np APPROVED ! DISAPPROVED� DATE NO STREE7 LOCA7ION QF PRQP LEGAL DESCRIPTION OF PROPERTY s Z��2 FEE 21�p �^ RECEIPT NO_ � I� .,� �..2,,.o..r�•r— . PRESENT ZONING CLASSIFICATION�_ EXISTING WSE OF PROPERTY (�n�.�e.� ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED 7YPE QF IMPROVEMENT t?,. 'n O [� O.O 7J �'rt�' "1. . , � � � - � AND Has the present applicant previously sought to rezone, plat, obtain a 1�t split or variance or special use permit on he subject site or part of it? _____ yes no. What was requested and when? �,�,, p/� o �?o_ :�" ,I ,/.. __ _ o 7he undersigned understands that: (a) A 7ist of a1] residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by ali owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, shotving the following: 1. North direction. 2, Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 300 feetj. _ The undersigned hereby declares that all the facts and this application are true and correct. DATE__ aIZG jg7i .__ SIGNATURE__ ��� ADDRESS �� � �J�,,� �d . � tions stated in TELEPHONE NO Jr�� -7�� d E PLAN 3572 The generous size of [he living room appears even lar6er since it is open to [he roof and separated from ihe ki[chen by tabinets and an eating bar. Sliding glass doors open in Ihe frani onto Ihe wide deck, which exlends from Ihe front of Ihe home around the side to t�e entry. The s�udy up- slairs has an ope� railing o�er- looking �he living room 6elaw, and a view IhrouSh the expanse of windows in the froni. Plenty of storage space was pianned into this 1380 sq. (t. homc. Mirror re�erse plans ure uvailable fur S3. UrriA�+�'r. Hiuuvuho E.nn Q Aasw�. ..�>�e�o�• � ';e�oi• ';i:: � ;7:,: tf« �_J� � �t:7 ►�' � Frst Floor Plan Second Floor Plan Living Area ... 1380 sq. fl. 4 PT�ANNIT3G CO1�iISSIOh f�ETING, N,A� 23���7�_ .. - �_ �'AGE 6 _ ' �� The petitioner stated that he understood. UPOSd A VOICE VO'P�� ALL V�TITdG AYE� CHAIRMAN f1ARRiS DECL�iTt�D TIi� M04'ION Cl.Ii�tIED UNAIVII✓�OUSLY. bfr. Iiarx'is informed the petitioner that this woul-d go to Council on June �+ and the recoannendation was to deny. 3. PITBLIC iiE??RTi�G: i�a,t7E5`I' FOR A 5P�CIAL USE YF•Rt�T SP ��G-O�� BY H JOSEP p`�.{�p��Y; Per Sec�ion 20jy15�� 5� D� of the Frldley �^ �e� to allow cc.n trti�tion of' a ne dti�eilin��-.�— -c-n Lots 2�ar.d ?2r9� B1cck 7;� Riverv�ew H°i,r,hts� � n�.t_��-Tnnii��* TSlnr�� D�a]l1). Lh°_ SaT"f= bE171� V C�- H1Ve1'V7.°W LCT'T'�C@ I�. � hi0TI0,�I by Ids. Schnabel, seconded by Ns. Oquist� to op°n tlie public hearing. UPO'i� A VOIC� V0�`.P.� AiL VOTITlG AYEJ CHAII'iD1AId IiARi?IS DECLARL''D Ti� PI�LIC IJEF1I2Ii'�G OPL'iI Hi d:30 P..d. D9r. Ecardman stated that this property was locate3 in the floc� p?.ain and that v�es th� reasou fo: tihe Sbecial Use Per�it. zt is on a 5� ioo'c 1ot with a house to tbe ii�rth and a 1�ouse to the scuth. They put to�ether a draina.ge pl<^,n w;,ich is shc�an on page 50 ef the a�enda. It is a liitle bit difi'ereni frem o:her ho^ae, in �hat ar.ea P'-"i�:arily oecau�e the hcuse would be Luilt oa �tilts. It would be buil-t so trat the first leve], of the house �aeuld be above the i'J.003 piain. Th� drainage �lan 1;hcy Y:a•��e d°velcpea catches the water fro:� the ncrth, drairs it 1_se�: aroun3 th° gara�;e area a,.d drains it out i;o�aard� 't:�e s�recty on the so•.ith siiie of tne lct. Frer� ].cokin(; at t=e plans and th° draina�e p�-ar '_� aPI�� ars th�t it r�tcres •ae11 �rit:, the ad jacen', property and the pi19 n.;s z;culd mi,�iru:.z°_ 'lhe effect o.f fl.00din� on thn floor� and �hat ty�.� of tning. �hey eli�!inated e lot of the problems they would r_�rm..rslly have if the b�z=.lt a norn�al type of ei:ructure. - _� . `Ph� dr�ina�3e ��ou1d be handled witrin tbe lct itself. Eecause the lower level wotu.d be raised above the floo3 pl�in and because of the sitivation oi the i'loor ar.d tn�: adverse effect a f1oo3 would have for expansion� they could eliminate the :15 foet of level fill on the sides. iherePo:e tl�ey wouldn't have to worry about the ovc;rflow cnto tlie neishbor's property A1s. IIughes stated she didnTt understand the 15 foot of level fill. N.r. Bosrdman stated that in a flood plain they have to have the fi21 s�: 2 feet above the flocd ievel an3 that i'ill has to be at a 15 foo� distance irom all sides of the hcuse. The reason ior that is the moxe land there the less water p^essvse on the floor. So this kou.id be a different way of looking at it. He noted zh,t the Plannin� Commission had requested a moratorium on building in the �leal plain area� but the Council nas not yet declared a moratorium. They l�ad asY.ed i;hat the Plauuing Com�nission study it furtlier. He also noted that sewer and water wauld be Available. �� PLAI:S:IP1"> COt/�"dI�S70N P�➢:L"PIId.^., h;,`1Y 23r 1y79 ' " —-- FAGE / I + Mr. 7'1r.�o stated that there were.sm,all children in the apartment there and he felt it r�ould he safer Por thase chiJ_dren if peoole r:ho lived in the area were drivin6 threugh. They would Ue more aware of the children i;han people goin� to an office. MOTIOII by Ms. Hughee� seconded by h3r. TreucnSels� to close the public hearing. UPUt`7 A VOIC� VOTc�r ALL VOTII;G AYEJ CF�AI3?i�it1N IiARRIS AECLAP,ED TiTE YUPLIC AElSRITIG CLOSFD AT 8:20 P.IQ. hfs. HuF;hes a�reed there was no real choice between these two uses Hheth�r it was Ck-2 cr CR-1 or P.-3 in terms oi iraff9.c. She was opposed 1;o the l:ind of spot zonir.� that this represents, particu'asl,y :.n this axea unich has manz�ed to etay residential w-�der sc:.:e J�.ca.y threats because they are so close to I%igi.Hay �;�65 an3 hiis=issi5pi. Eecau�e o� the hi aioric natur� oP 'che rezonii�; reque ,ts on the nox•i:h eas� eorne� oi ilighc�a�� ��f�5 and T✓a.ssi�einni a:.3 S-rt�at has happencd to tliem� sh� Yelt they would te very re*aiss in ar�ntin�; th=s kini of zo7�ir.g. Unl.ess the 3iscu: sion turns up sor;ethin� nes�� sl�e would ue in fano� of denial. t�;r. Treuenicls scated he had recaived naterizl 1're^ tl_e City Atto:^ey wh'_ch si.s.ted th4� in or;er i;o rezcne� it sho•a.'.d erercis� reasonable fuctkierat,ce ci: tne gublic hea7:th� safety and ueli'are an3 also t;e Co;:;,reaensive De�relcamenc Pl<�n states o� page 2 thr�t th°re is a need for 2300 ne��: nousss ar_d not eno.�;iz resi.dexi��ial 'rAnd exist� �i,o accc��a3ate tl.�t. On tk�is basis� he �:o�ald not be in favcr of rezon'_n; residentiai land 1:o co:mavrcial. I�. Iiarris ncte:: tLet �he Cor�re'r.°nsive °1ar had not }et been Gdopzed b,y the City. n!UTIOi1 by P��s. I��;hee� seconded by hs, nora� to recorn�enfl to Covnci7, denial ol tY.e requ.est, 7.OA ;:7�-G? by �rlilliam J, l;art to rezc_�e the Soutii 1,G.0 feat, fro;.t and rear oi I•ot ;'� Auaitorts Subdivision 130. 63 (excent the idest 30 iee�� aad thz Nouth 120 P.ee� of tne 4leat �+7 feet oS Lot 10� Auditorts Subdivision ido. 83� f'ro� R-3 (mult_ple dwelling uni�s) to CF,-2 (ofliic�� service an3 limite3 business) to allow 1;he ccnstruction of a 1-story insi�rar.ce office at 6431 Hibn�r�� 7jb5 P�%. p'�. F;:rris i.nier.med the p°'titioi:er that the mction was to recor;nend deuial and tYiat Ccuncil �aould hear i:his and set public hearin�s. He also informed tiie petitioner that ii' Council deni.ed his requesi, he cou].d not re-app].y Sor further action on this property i'or 6 rconths. He lud tlie option te withdraw his request. D9s. ScYu:aUel asked if he could withdraw it before it goes to Council so he would not have to inake a decision right nou, Mr. Clark felt he could do that. Mr. Oqui�t acked �aha't �,rould hr�ppen if we vote to deny it and he withdraws the reque�t before it goes to Council. 4that process �ould he'have to follow? Mr, Herris stated he hrould have to reapply if he decided to do somethiug else. If he doesn't witl�draw his request and it 1s denied by Council, he could not take as�y aetion for 6 months, PLAId7�IId, CObII�1I �STO]i b4EETING, NVa° 23, 1979 - PAGE 7 Mr. I3;�rris stated that he was nat ctu•e about the drein;�ge. / y Ihr. Board�r,n stated tkat Dicl: SoY,iech had x•eviewed it. Ns. Hrzrrls s�t4tcd th¢t the stpter�eni; tias ma3e that the drainage would be h4ndled witY,in th_ corfines of the lot. IIe questioned wnat would happen to it i'rem there? N�'; Doardinan stutea that it would go into the street. Th° arron�s on the plan inQicated the water iloti��. fQs. Schnabel sta�ed that t.:e elevations circle3 ere th� propused elevations en1 the ones not c;.lcl�d are the exisCi;,o elevations. P^.r. Bo;rd.�,an stated that when he looL-ed at it he had some proble*�s also. Mx'. I�'.arris stated ti�at ti�e droA was so gradual tik,t he questioned it. lIe dsYed ii' L;r. Sobiecii •�,,,; convirice3 tl�is �roxld Iaandle tl:° dra3i.age. Ps. _o.rrim�.n �t�ted t2�at he reviewed the drainage plan and if: that plan was completed as des_ign,ed, the drainag� stiould �oork. P�r. Ocui:t �-'ce�,ed �i�at it w�s ia�tez�estin� tt�at the exi,�tin� elevation was 823.7 and t.he _r,ro�osed elevaiion was &23.6. Tl�t's about e tenth of a foot�� or a liti;ie over an in_h. P�'s. Sc�:zlabel st;;ted that tre sta�en:eui �.�as L•ade at the Anneals �orsuissicr. tiv�t �l.h? ritii r"pCT;; i'O:.^ j):1@ 5j?CCl'u1 :,�58 .�':''t^C:lt. i�iOV=a Si;3{:@ �La'� 'i.:7� °i'vU`i.'''. L�.i7C;PP �.lc L10L:SG 5:1UliiL` �bC �T, v'�3. .�,'l1=' ul�SP.t't i':7C1 'tri9 � lII 't�72 .�iy'l°C=Cii Tig" r3iJi. �1C-�3 i:'.(?.1. ?'r. Boar.d*can ctzt�d that ii:e firs� i:LCOr oi �1�2 I.ouse t,as io t�e raiscd �0 8?S,i. inzt is the firs� iloor ele�at.io^ of t;he hou:.e. 25s, S^hnabel stateci they ����uld have about 1? foot between the �rcwid 1eve1 and the Lot,to:� oi tne r_o�e. The �rouad leve], would be about &'23. She ulso etated tP;at the �uestion h;d ecme up at tl.e ttppeals Con�,*�i:;sior, regarding vhetner or not tt:�e ; e�;cr ti:as ade7tk,te. It was their i.u�3erstai>ding tt;at it was a 10 inc,i pipe eou+.;h of Eu;o an3 8 ir.ch nortc of Fiugo, There wus a question bec,;use so�e o= tha people in ;:h� nei�hbcrhoo3 were ev,�eriencina a LacL-up proLl�r,�. Tl�ey felt t.�at the En�i:!ee:^ing Departr^ent shotld leo=c and see ii there were adequate lines to i,a��dle 3ddi.tipnal l�ouses in the area, hir. Boardr.�an stai�ed that was an �ngineerin� Department problem an3 also stated that it wa� probab�}� desigr�ed to handle iull developm�nt of the area. Mr. Perrozzi stated $hai: at the Appeals Co:m_nission there was concern about tl�e pile driving. Since then he found that; would noi: be necessary azid could be hand dug with a cenent collar underneath so this �,�ould alleviate that problem, Also� thern was a que,tion about the setbacks on the side yard. He stated he wo.xld Be willin� to cut down a couple feet on the house if that would help. PLAI1NiNG CONJfiISSION NiF;ETISdGZ_MAY 23� 1979 - PAGE II /3 , 2�'s. Schnabel stated that t+Ir. Klingbeil had questioned the pile driving And noted tl�at he was here. Mr. K].ingbeil stated that he had heard the statement by Mr. PerTO2zi. Mr. Harris asked what happens to the water presently on the 1otY N,r.�Boardman stated that it looked like the lot was low. Mr. Oquist stated that wben he looked at it it looked like it just stayed there. Mr. Boardman stated that the water seems to collect there. tdrs. Doris Schneppmueller� 8151 Riverview Terracer stated she lived next door to the south. She stated that the survey saac done in t?ie winter And she felt they misjudged by a couple o£ feet. The water from Y:er lot runc onto tha't lot. Nu�. Boardman stated that he h:d to asstu:e that the survey is ri;ht. Jt looks like the house is 5 foot off the property line and thst the gsrage i� 4 foot Yrom the property line. 15 foot is recuired and that was why they necded a variance. He sts�ed tha� all they could do wa, assume the survey was correct. Dir. Chester Scl�ac!;, 685 Glencoe Street ��, stated i:hat- h_ was concerned abou� setting a precedent. zhere were two lots be:�ind him to the norih. Ye felt the house ulan F:as awkward for that area and t.as concerned about tha sY.irting aroiand the house. He state3 that thare wou].d be a problem with rodents. I?r. R. H. Klingbeil� S19� Riverl�iew Terrace Tv�� stated that he lives on the north side of the lot in question. He stated �hat in i955 duri:;g the flood� wate: cam° int,o �tl�e lo•�a spot on thc front of the lot. He agr°ed with DSr. Sch�ck about the xodents and after the flood there was a problem with rats on that lot because of the debris J.eft benind. He noted that in 47isconsin oii lake ho:aes they require a poured found2tion because oP ro3ents� Nir. John fiice� 696 �o St, N.E., stated that if they grant the variances for this lot it would set a precedent in t2:e area and the homes would be too close. Mr. Perrozzi stated that the grading Would not be brought up to the top of the first floor. It r:ould be pretty much as is. As far as rcdents gettin� into the house, a wire mesh or lattice work �rili go around the house to prevent rodenis froru getting in, He a3ded that the foundation would probab],y be strongex than an�� house in the area because oS the potes and eye beam construction. The City of Minneapolis l�as approved this type oP construction. He also felt it was a buildable lot and felt he had met the reguirements of the flood plain. Mr. Harris asked Mr. Perroszi if he owned the property now2 Mr. Perrozzi stated that kie was in the process of buying the property contingeut upon the outcome of his request for variances and Special Use Pernut. ' 4 i I � ( i � nr�.r;rr�r�c cor���zsszo.r r��Tlrrc t�u°1 z3, '1979 - Pna� 9 �7" Mr. Oquiet A61SCC3 1:?'. Perroz.i _ if he intendcd to live in the house? I�s. Pcrrozz3 stated he did, Nh�s. Schnenpmueller stated tbat this would be the first house built on a small lot o.i Riverview facir,g the river. Mr. iIarris asked �ihen this was platted7, I�Ir. Bosrdrk3n stated it was a very old pl�t- .,. idr. IQingbeil sta`�d that he tho,�,L� it was platted in lg2b. (Platted 8/1922) h1s. Hug:�e� 4ske,3. if the Staff z;a� well �atisfie3 witn this tyre of coustruction? 1'•Sr. Eoaz':r,:an stated t!?sy tre're eati�.°ied xi;,:n the cc�structior,. The onl;;' proule.� i�e h�;3 z:;,� thct r.o decisions h„�d b�en r,ade Ly the P1;nnir� Co�r_;i_ssioa i� ref;::r3s to t�e Plood pluin. I✓.r. Sc's�acl_ st�t�_d t.?�at t.'ney shau7d be censis�ent in their rsles regardi,� th° ilocd plain. lie didz't tliink it i;as ri;ht to let i;r. Per.rozzi build F�_�h po.les and eo�r:;cne else b�.;ild a differer.t �ray. 1�'s. i�cerd.��;n state,� thet cY:e ilco< pla_a re"u].ations were sc� up by the :eder�l Goz�errrm.nt in 1�7j �n3 the re�ulati_ons rrast be approved by the Stat.eo A11 re�y,:e�ts TC�7,2:Y'C1l_:a T.l11S t'.LOCCl jJ19171 1tiUSi, �E .iE21't 't0 �i7� ut&t�G'. • 2✓ss< Schack. auked if the gara�e would be buiJ.t on poles and :aised at::o? 2i:. ?ic;:•cir�ii sto.tc;d that a structure �aas not req,zire3 to be above tiie f.-LOOd plail lerel uz;less ii; rras habitable. I� must be anchorec: how�ver� so it noesn't flo�t. Tir. Perro.��i stated t'r.at the gara�e would be out c: the flco3 plain area, lie alsc staten th;i; the ��alue oP the house vould he con�istent i*ith other� in the a^ea ar.d wculd add to ti:e areenities. TY�is type of con,truction 4r�s developed because land is becc�r��ing valuable. 2,;OTIOY by I�, Oquist� seconded L-y Ms. Iiu�hes� to close the public lsearin�. UPGS; A��OICf� VO�i� pI,L VO^lING AYE� CFiAI?tl��'.N F3ARRIS D�CLARED THE Pi%'3LTC FILARTNG CI,OSED AT 9;10 P.M, T•7s. Hughes stated she would need more input from the othex Cor._nis�ioners. She ��as co::pletely oppo�ed to Uuilding in the Ploal plain. She would J_ike more back- grornd regarding the phtlosopY�y of what is sllowed in the flood plain. h1r. Harris stated thst he would lilce to appraise the Connaissioners as to the coaditions of a Special Use Perr.�it. Ur.der rezonin�s and variances it is incu�nbent upcn the petitioner to show cause wl�v it should be grAnted. Under Special Use Permits, ii' it i, denied, it is i.ncuinbent upon the Co,nmissioners to list gocd and qualizied reascns as to xl�y it should be denied, We have a flood plain or.dinance PLAI�TNItQG COD'R•ffSSIOI�T I✓,EL•'TING, MAY � 1974 ' � - _ PAG� 10 �� and it must be complied wfth. In this area the Corp of Engineers has stated tlie level is 822, Our ordinance requires that Any 2ivnble structure be 2 foot above the 100 year flood level and this meets that requirement. So he is meeting the requiremettts of the Ylocd plain and if we recoTM�mend denial we must have gocd cause for it. Nff. I3arrie stated that it was his �e�eral feeling tiaat the City and the Plannin� Conunission has been ne�ligent in nct adoptin� general policies for development in th3c area. t�lr. Flarris zaent to the Ci.ty Council about a month ago And asked h�a the Council would feel about a moratorimn on buiJ.ding in this area. Coiancil suggested the Plannin� Co:nrnission study it and form reco�aendetions before they declnre a moratoriun: Fl:is particu].ar feeling was that he would not like to see construction in the aren until guidelines are set up, Mr. Treueni'e].s was concerned a6out what woiild b° considered good reasons. `I'wo asp°cts m�ntioned were first� the drainage ni�;ht not Ue suSficieizt an3 secon3, tYiere covld be a problem with ra3en$s. He asked if t?iese wo:.;l.d be considered �ood reasons for denial? Ms. Hugl�es added that the 50 foot lot sras suestandard. Ns. N.arris stated th3t iri our ordin�ncej any plat recorded bePcre ].9j5� we a.l.ic�a construction on 50 f'oot lois provided they are 7500 sqiy-;re ieet. �h�.s lot is not but that concerns i;he Board of Appeals. The dr;,i.na.3e si�bu;;tinn is a valid point. Iie was not sure aoout the rodent situation. b+s. Bo�rdman stated that the ordinar.ce layed out ti:e iypzs of thin;;e they w�u1d not Z11o�a u Special Use Per.:,it fer. Th� m�i±: thir_g tney lcek at is if it sri].1 cause ecenc;:uc hr:rclsi�ip elsew:_e:e by caL.si^;; �'loedir.; on tl�c nei.�hborin� luts. If they can sho-s� use th�ct�;n en;;ineering data tk;at tiiey are uot goin�:� co do t:.at or if �.he; coul.d �olve an er.isting drain,ge proble�r.� then we ieel they Y�ve mzt that reqv.ixement. A",s. Schnabel etated they should, revieo* the Ccmmicsioncrs oUli.gations regarding Special Use Permits, ide must g-rant Sgecial Use Yermits if it is found i;iiat the probosed use is ce�atible with the existing use ancl d�es not end$n�er the public healtli, safety and weliare of the area. To deny could be deemed arbitrary, ur�- lawful znd in violation of the applicant's rights. The '6urden is on us in tiv�t sense. There have been other cases that have establi:hed certair. facts ixi cosi- nection with this. For instance� a claim +,hat the adjaccn�L- properCy oxnex•s pro- perty �aould be devalued has been found Uy the cow�ts to be not a reason fo: d�rial. Ii' the use cotcmlies with Planning, City� police and £ire departm�nts reco7mr,endations it nust be g9.ven weight with the Council in approving a.5,ecial Use Permit. The burden is reA].ly on our shoulders. She stated that she got this inf.ormation from a Memo'randum sent out by the Cii;y Attorney eo±r.e time ago. Mr. Harris asked if this property F*as real]y in essence actir� as a holding pend? Mr. Boardman stated that was the wsy it looked, PLAPtPtIP;G CQP�'fLSSIOI�T 2�'LTII;G, 1f�Y'" 23� i979 - p�cL u ____ �� Mr. F�arris etated that 3t m36ht be� becauce of the drainage aituation� th�t tiiis structure shoiild not be built there and ra•:ybe the City shoa].d looY, ii:to the pos�ibilii;y o1' acquirin.� that lot for �to':ia water stora�e. This �oes bacl: to their original discu.^..sion oi' setting up �aidelin�s und criteria for hu?ldin� in this area. If we had 'chat� we woald have certain ureas pinpo�nted a� drair.at;e stora�e areas. fre was r.ot certain that an £3 inch pi�e covld handle the situa'�ion a£ a11 the storm water in the area. 2�S..Boardman stated tliat the 8 inch pipe F�us for se�rer. Mr. Iiarris asked or7�t they had for storn rrateri Idr. Oquist asked liow ;:�ach draina�e thei•e �:�as there? 1s . K�rris si;a'Led that �_t loo::ed like the hon�es n_-_ �oth sides dre..9.�;ed into �his ZO�. N!s. Sc1:na�e1 stated that the 'tiou.:e to tY,e south dre;ir.s 'ch�re but t?:e hcase to i;he r.ortY; d.oe� i�o+. im, Boa;�d:nan stated there r�zs a series ef storro seti.crs tv�ere. I�'e�t of Ch°r:°: are ;; c'.;i:C]? b,aS:iI1 i,}'�7;' F,�'GtGr, a� "t�7.e eP,.�, O?' e,-�.�c:4 of' t�:° S�T'G��u Fill`a i'l; ciiFilYi`u iiJe7 tk�e^F; +,hrougii a�uipe i:�to tne river. bir. F�:,rris st;��,ed that, accordin.g to this drawi.n��� t.iie cente�� oi tl�e sticet elet'atio.i lu ui; �.�..2.U• i'tl:.0 1S �i.?1C HR-iS{Sl_i.�� 2����iL''Oi1. 17: i`2�; �.G�� II'�i.�i.0].1">> Z�i,. .o �t:," y i � r�'� n�;"' hcuce ��roul.d �it� _� 82?_. So �,?ris lo�t is actina as a storra u�ter reten�i:�_o� a?�e�. The �ara�e e7_EVation is at t�?2.6. The hot::�e to tl�; scutl� is b22.7 and tn� h�us� to the nortli i:; 822,6, So tn::3� ttave i�o drain there. br, }3oar3r�i� stai,ed that by i'iili::� axid �radin;; t't�i.s �ot� ±�he z,-ater di�ainiix� iz•o� the a.jacent houses :ai11 dra_n into thi� lct and o�'c to the st:eei,. Tl7c1t TJCU�l2 solve the drai;ia�c prti�lem. I,ir. Harris was not stse it would solve the problem. Ae did r�ot £eel t:�e e].eti*atio'n difieren�ials ti:ere eno:�;h. There were talkin� aoout preCty lono distances aad abou't tenths oi' feet. hs. 5chnabel state3 t?kt they vere 1ir.,ited because oi the elevation of the stre�t and if' they were goin�; to change it, it mi„ht requixe the whole lot Ue fille3 in. N.r. Boardr�sn sta�ed that by fillin� in the lotf they would be creat:.n� a drai�a�e problem for the neiUhbors. Nfr. iiarris stated tht�t there was a house off to the northeast and there is an elevation of 822,1 in the corner of that house. The s�ale is 82i.6 so the swale is higher than the corner of that house. Mr. Boardry�n �tated there probab�y waen't water in that area ar�yway. I✓r. Harris stated that the drop from the back was 823.4 and to the frout of the , lot is 822.3 so they have a foot and a tenth o£ �n ir,ch over 117z ieet. Tt was not much of a fall. pIJ1I3NIPIG COA7MTSSION bff�ETIP7G� DAY 23, 1979 -�� PRG� 12 f � Nm. Boardman stated thAt he lookzd at it based on en�ir.eerin� and what can Ue done with t:e lot� and they probably did the most t:�ey cculd do with th� lot. He etill had:xeservations as far as what i:he PZsnning Conunission's reco.:m:endations will be regarding the lots in the flood plain, 2✓s. Schnabel asked D',r. Iiarris if he wou7.d feel more coiufortab].e if this item r;ere tabled uniil he had an oppertunity to go to Council and c3iccuss the questioas •that had been raised or until further stu3y was done on the draina�e on this lot. Mr. Hr�rris stated he would feel raore comf'ortable� yes� but telt the petitioner wbi;ld li.ke to get �n r�ith the construction. 2,ir, Fiobert I.indbloom statcd he uas the owner of the ps•operty an3 when he acquired the property tLe City told him he could build on the prone:ty if he aei the ilocd plain require:�er,ts. IF,r. Boardnan stai,e3 that ii tney table3 it for the pur�>ose oz fw:ther discussion rrith CounciJ.� he would s�.,_st they not t�ble it. He f'el'c if they waiited �co tabJ.e it in order to put togettier a Policy that wou13 be a�ood reason. t+�^. F,arris a�;reed, I�W., t.u�,'.;es asY,ed 1;h�n they cou].d. bet to that Y,in3 oi' a siu3y. N;r. Bowrd?nan sLated he woald reqt:c:si: a ti�e perie3 on tl�e stud;�. Ee staied he wcs i:ot quite sur� �;iiat ti:e,y w�re loo'..inG for. Ri�ht no�a they l�ave :�e;i;lations and if tl�.ey r..°et tY,ose re�,_} ,tio� s iney can build. Ii i•ii:�s� dcn't r��et t::�:�} „_::y canno� lit�ild� The re�ulations recuire a 100'.� at the draina�e and �-re have denied several Uased on tl;e drain�ge. Tiiis one cio°s not seern to follc:+ thst critex•ia. 2";�. Sarris stated he couldr.°t agree trith that. It way diffictzZt to grade witnir an inch. Ais. I.ia.�r.es stated that it looke3 liY.e there i.*ov1.d be about �Oj to $On hf:rd surPace on tlie lot after i,he houce is Luilt. She asked how n�3ny� other lots wo:ild present this sarne problera? D1r. BoardnL,n sl;ated there zaere onl,y a iew buildable 1o'Cs in the area. The other 1oi,s would be haxd to build on because they �,�ou1d require �+ to 5 feet of fi'_1. Mr. Oquist state3 that he did not see a rea,on to deny the Special Use Permit. Sd0`PION by Mr. Oquist� seconded by Idr. `i`reuenfe].s� t;o recommend to Council approval of Speci.al U�e Permit, SP �79-04� by 3oseph Perrozzi: Per Section 205•153, 5� p, of the I'xidley City Code� to a13ow construction oi a new dwelling on Lots 28 and 29� F31ock Rr Riverview Rei�hts� in CPR-2 Zoning (fl.003 pl�in� the same Ueing £ilfll Riverview Terrace N.E. Nts. Schnabel stated tbat she had a problem with the elevation situation. She was not ronvinced tl�at the figures were acurate and it �rould not cause a drainage problem. This survey was done in the winter and there was a quesiion by the nei�h6ors regArding the accurac,y. rr.nNl�rzirc� cor•a�ss:rorr z��rzrrc, t��Y 23, i979 pqc� i3 � h;r. IIarri� a;reed �ind ctated the'y would have no problem establ3shiti� lines in the winter� but it 4�ould be diff'icult Lo establi�h eleva�lons in the rrinter. L?s. Sckmabel stated tney could take ihe elev�tion at tre foax points and they r�ust have taken it a� the center� but tne rest r�as <3I1 conjecture. She was coi;cerned al�out �etting do-,�rn to less than au inch �rade difference znd she was not convinced they could clear any water �robl��m r,�Y.en tl;c;y were �:cr}-in� with le�s thwn 12 iricne�. £ne felt thc,t the inteut of ihe petiticner was correct and ;elt he 'had a aalid pl�.;: �:ith the pos�; and bear� co�istruction. tFS. Iiora stated tha.t Y;e a�;reed tl�at gradin� that close was difficult. P's, Ilarris s{;ated the probler� would be in the spring when the groun3 �*as £: ozen. Ur���+ r 1'OYCr VO'li�y P°?. G.'.;UIS;'� I�iR. i'iLt.?1>�%�i.S� A`j. S"Ii;:9B1:I, �!OiII?G AY:�'� i,i'. iSCL°ZIS I�.I''ii P' .. .TiOP.A ' 0^i'.'; , il.�;;'� F'�i3J ; a. i:U,,r �a I:E>i -�Iid11IG� Tllli IiU1ICi; i:'F;S Cr!ri1�I;�D � 1;0 2. I�fr. IL.rri� info�:ne1 �he peti�iorer it wc�Lld go to Covncil on �une 4� 1979. P ^ '; r i -� . �c , Sj , _t 1T ,_ ".. 7f�__ � .� cr �j7 �� r� ��� f'i' �l ��' ('�5. F� JPj�.-� T 7Rr)_'i: i�i.t � � ,�� � } � „' 1 . �'. f� � � -i.t 1 F :i� C-�'�• �. 1 ...1;0 I , �'" l,'� :a _ .a =:�.:_C)�1 _ . . - - ._ _ "i __ . _<._ _«-_� .. �.+ . _" _ O 9 �CCO � iC .: iX' DU �.LC 1�;�, .'L� ���0 7a�S �� b° �.��,. j(l� a�i "� � i � O� � Ot �F� � _ b1 �._^LI S ice C��� � rr �r r'i e , i_ � '_f,r �. =�. __ , L'�7iTp'.: b;;r iic. ?iu;i:�s� seco.��d by D's. L 'OP� !� VO1CN ��'C^�� :LT�1, ��OTIP�G AY:� .� OFr id R? 10: GO P, b:, to open t:ie pu'�Iic hear:in�;. �:��L�.P,i:'D Ti;� pi15:.IC H:?,!�!?IiIG I•;<•. Pezrdr��n stated t'r.is tiaas locaied e,,�672,0 lith Str.?et Iti� and th� petitio_ier prcpuses zc buiid a 624 sc,u�ire fcot ^arage. SL 470iL�,(? be an acce ��ory or second �ara;;e. 1'i:e e�;isti±;� g�ra�e is s�' ci��a to thc }�ouse. ?"r.is c�ould be locsted 1;o tne rear of the l:case with acc ss oif the se-rvice drive in tae back area. This is similar to other pro�os� s th.at have been coiti.ng in an3 Sta�f has no ca��xerr� . , Ds. Oquist asked if that c�a�'a service drive Uel�in3 there? I:r. F�oardran stated it w� an access. Pis. ScYin�b�l asked if 't was a dedicated access and asked wi�p there tiras z sign at ti�e en3 staiing it Zaas a private driveaayY SLe stated there orcre also bar:ier; across there. t,s. Eora stated t t he lived on the service drive and the barriers were placed there et the req st of the neighUcrs. Mr. Harxis su��ested they look into tkaving a barricade cn a pub2ic right of wsy. � , • 17G � REGULAR MEETING OF JUPIE 4, 1979 . PAGE 4 Councilwoman Moses stated she personally felt this is a trend that is happening now and would like to pass this item, rather than table it. Mr. Herrick stated that some communities have cluster developments and feit perhaps this might be quite similar where units are very close together and there is a lot of open space that is commonly owned by the entire group. Councilman Schneider felt there were several issues that this particular plat doesn't raise. Ne indicated he was concerned with the genera7 maintenance and also that possibly a develoDer may find some way of using tfiis to totally undo some areas by not following the intent of the Zonin9 Code. Councilwoman Moses suggested looking at this concept in terms cf existing structures and at new construction in another light. Mayor Nee stated he would feel much better if this was in the Zoning Code as he has a problem of how to rationalize a variance, as far as hardship, since it is now an existing use. � . Mr. Herrick felt that if the Council has any inctinations to authorize this type of conversion, they could prepare a procedure to a71ow it, however, if they feit it was something they didn't want, there wouldn't 6e any reeson for spending time in establishing a procedure. MOTION by Councilman Barnette to table this item indefinitely for further infor- mation and refer this concept to the Planning Lommission for their processing and policy recommendation�pertaining to the conversion conwpt. Seconded by Councilman Schneider. Upon a voite vote, all voting aye, Ptayor Nee declared the motion.carried unanimously. NEW BUSIN:SS: RECEIVIIJG ?HE PLANNING COMh1I5SI0N MINt1TE5 Of MAY 23, 1979: �RCZOflIN� REQUEST, ZOA #;79-D2, BY WILLIAI". d. HAR7 (G431 HIGHWAY k65): M07ION by Councilman Schneider to set the public hearing on this rezoning request for July 16, 1979. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee.dec}are�he motion carried imanimously. Mr. Sobiech, Public Works Oirector, stated a special use permit is required due to the flood plain zoning of the property and, in conjunction with the special use permit, variances are requested for waiver of the setbacks. Mr. Sobiech stated the entire lot is not in the flood plain, but only the area along the front of the� property. Ne stated, in this particular case> they wouldbe raising the first floor with pilings and then raising the lot to insure no impact or minimal impact on adjacent properties. � Mr. Sobiech stated the Pla�ning Gom�nission recoianended approval of this �, special use permit at their Mdy 23 meeting, - Mr. Sobiech stated he was confident that this drainage plan, as set up, will handle the drainage. He stated there was discussion at the Ptanning Commission meeting.about the amount of slope on the swale section, but he felt it was adequate. Mr. Sobiech stated the petitioner did�propose a certain dimension house for the property, however, it was recomnended that the house be redesigned to eliminate the need for the side yard variance, which was denied by the Appeals Commission. Ne stated the Appeais Comnission did, however, approve a variance for reduction in tfie area of the lot. Mr. Sobiech felt this was a very good plan as compared with others in the area. Mr. Herrick, City Attorney, stated as far�as the drainage, the standard rule in Minnesota is that an owner may develop his property in a reasonable fashion, as long as it doesn't unnecessarily burden the neighbor. He stated it is a very general rule and depends on a situation-by-situation application. � ,� 3 A - � i � ' � I . RE6ULAR MEETING OF JUNE 4, 1979 177 P,AGE 5 �(� Mr. Herrick questioned if there was a storm sewer in this area and if construction � oF this house would prevent water from getting to the storm system. Mr. Sobiech `.\stated from the grade indicated, he would answer in the negative. Mr. Herrick felt the property owner would have a pretty strong argument that the City can't �� use his property as a drainage basin. He stated he would suspect he could build '� on the property, providing he meets the other criteria. j Councilman Fitzpatrick stated Mr. Sobiech has stated there really isn't a Z problem, but it seems to him if this had been developed by raising the fill f two feet, it would shut off the drainage fran the northeast. t :, . Mr. Herrick stated he doesn't have nearly as much trouble with the concept of sayin9 he can build, but has to insure drainage, as with the problem of saying he cannot build on this lot because it has to be used for drainage. If you do this you are sayin9 it is unreasonable or reverse condemnation�where the City is really taking the lot for public purpose. � Mr. Sobiech felt the concern of the Planning Cominission should be reinforced regardin9 the drainage to insure no or minimal impact on the neighbors. MOTION by Councilman Fitzpatrick to grant special use permit, SP #79-09, with the stipulation that the City be satisified that the drainage plan, as described and distussed, would be maintained in construction. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE UEST FOR SPECIAL USE PERMIT, SP q79-05 BY �AMES LARSON 6740 - 4TH STREET : Mr. Sobiech, Public Works Oirector, stated this is a request for a special use permit to allow a second accessory building for use as a garage and storage of automobiles. He stated the Planning Comnission held a public hearing and has recommended approval. Mr. Sobiech stated the petitioner is unable to attend because of a recent motor- cycte accident. � MOTION by Cou�cilman Barnette to grant special use permit, SP q79-05. Seconded by Louncil�aoman Moses. Upon a voice vote> al'1 voting aye, Mayor Mee dectared the motion carried unanimously. REZONING REQUES7, ZOAN 79-04, BY GRAVES C�MPANY (5701 UNIVERSITY AVENUE): MOTIDN by Councilman Fitzpatrick to set the public hearing on this rezonin9 request for July 16, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. YACATION REQUE57, SAV #79-02, LITY Of FRIDLEY (UNIVERSITY SERVICE ROAD): MOTION 6y Councilwoman Moses to set the public hearing on this vacation request for July 16, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AF'PEALS COMMISSION MINUTES OF MAY 15, 1474 - - VARIANCE REQUEST BY JOSEPH PERROZZI 8181 R VERYIEW TERRAGEJ: Mr. Sobiech, Public Works Director, stated this is a request for variances, in canjunction with the special use permit� for construction of a single family dwelling in the flood plain. Mr. Sobiech stated the Appeals Cortmission has recomnended denial of tne side yard setback and recomrended approval of the variance for reduction in the area of.the 7ot. � : . �s2 PUBLIC HEARING MEETING OF OCTOBER I5. 1979 Page 2 � J MO7ION by Councilwoman Moses to close the public hearing. Setonded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the �tion carried unanimously and the public hearing closed at 7:44 p.m. PUBLIC HEARING ON VACATION RE UEST, SAU N79-04 BY ALLRN M. JONNSON OF JIM MILLER REAL ES7ATE 7751 EAST RIVER ROAD : MOTION by Councitwoman Moses to waive the reading of the pu6lic hearing notice and apen the public hearing. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Qureshi, City Manager; stated this request invotves the relocation of an easement, which is presently tocated in the middle of the property. He stated the owner wishes to vacate this easement and provide an easement along the East side of the Droperty. Mr. Qureshi pointed out, in conjunction with this vacation request, tnere is a request for a special use permit on which action was delayed, at the request of the petitioner, until they coutd passibly work out something with the neighborhood. Mr. Qureshi state the special use permtit invotved the installation of gas pumps to be used in conjunttion with a convenience store. He stated this vacation request would be brought back the same time as the request for the special use permit, however, regardless of the outcome regarding the special use permit, he felt the easement should he relocated. Councilwoman Moses stated she felt this convenience store wouldn't fit in at this location. Mayor Nee stated the land is zoned properly for such a use, however, the special use permit was needed for the gas pumps. No persons in the a�dience spoke for or against this vacation request. MOTION by Louncilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public h_aring s1ASe9--at-7:50 n_m. The informal public hearing was opened by the Council at 7:50 p.m. Mr. Qureshi, City Manager, stated the Council has approved a special use permit for this property, but didn't approve the variances requested and asked the petitioner to come back with a plan that would meet the requirement5 of the code. Mr. Qureshi stated the plan now proposed by Mr. Perrozzi does meet all the requirements of the zoning ordinance, except staff felt it appropriate to advise the nei9hborhood what type oF house they are proposing. Mr. Qureshi stated notices were sent to alT adjoining properties to make sure they are aware of what is proposed to be built on this property and if they had arly objections, they could voice them here this evening. Mr. Qureshi stated what is proposed is an "A" frame with two floors and a sizeable attic. Councilman Fitzpatrick asked if they would be usipg a pi7e driving technique, as previously discussed. Mr. Perrozzi stated they wouldn't be using this technique, ho�aever, there wouldn't 6e a basement. � Councilwoman Moses asked how much taller this home would be from a normal two- story dwelling. Mr. Qureshi stated it would be about 8 feet, 9 inches higher. Councilman Fitzpatrick stated he didn't believe the neighbors were aware of the details of the plan. Mr. Qureshi stated it was put in the notices that this vras an unusual ptan and was the reason they were notified because of this aspect, even though a public hearing isn't required. Councilman Fitzpatrick stated he telked with some of the neighbors and they had other concerns about things such as drainage. He fe}t they were unaware of the peculiarities of the house plan. I I ..---�. �I i 383 PUBLIC HEARING MEETING OF OCTOBER 15, 1979 � Page 3 a�� Mr. Qureshi stated the purpose of this informat hearing was so they could review the plan. Mr. Herrick, City Attorney,,stated, basically, the question is if the house meets the code requirements, he was not cerWin Councit had any authority to say the design has to be one way or another. He stated the purpose of the special use permit is to make sure it is built high enougfi to avoid flooding during high water and to avoid causing extraordinary problems to the surrounding area. Councilman Fitzpatrick stated he would aqree, but the Cwncil is in the position of having people review it and then telling them they really don't have any authority anyway. Mr. Herrick stated they are not asking anyone to review it as far as the architectural style. Mr. Qureshi stated they wanted to make the neighbors aware of the plan, as the plan originally approved by Coun[il was entirely different. Mr. Herrick asked if the house is higher than what the building code permits. Mr. Qureshi stated there was no feet height requirements of this type. Mr. Roy Klingbeil, 8199 Riverview Terrace, stated he assumes they are proposing building this way because of high water and pointed out, in 1965, when the water was supposed to be the highest, it never came up to his home. He fe1t, if the house is built as proposed, it would depreciate the value of other peopie's property. He stated a remark was made to him that the reason the house is to be built this way was Decause if they didn't like it, it could he taken out. He stated he didn't feel the ptan for the house fits in with the area. Mayor Nee pointed out that the City Attorney indicated that the City x»uldn't have the authority to der�y it based on the design. Fir. Roy Ktin9beil stated the Council has the authority to protect the people's rights so that their property values aren't lowered. Councilman Fitzpatrick felt if this home is going to be much hi9her than rambler heigfit, it would be somewhat of a problem, but they have been advised regarding their authority. No other persons in the audience spoke regarding the proposed house plans. MOTI�N by Councilman Fitzpatrick to close the informal hearing. Seconded by Councilman ScNneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the hearing closed at 8:05 p. m. PUBLIC HEARING ON COPIPREHENSIVE DEVELOPMENT PLAN: ON by Councilnian Fitzpatrick to waive the reading of the public hearing noti nd open the public hearing. Seconded by Councilman Schneider. Upon a voice a11 voting aye, Mayor Nee declared the motion carried unanimously and the publi aring opened at 8:08 p.m. Mr. Boardman, City Pia r, stated this Comprehensive Development Plan has gone through an extensive blic process through the Planning Commission and its me�ber Commissions. He ted different sections of the plan were re- vie���ed by the different conamssi , and the Planning Commission has reviewed all the sections. - Mr, 6oardman stated the document is divide ' to seven different sections, as follows: Land use; Environmental Resources; ' ical Area; Housing; Parks and Open Space; Transportation and Water, Sewer a Solid Waste. He stated it is split up in these particular sections primaril ecause of the require- ments of the Metropolitan Council. Fir. Boardman stated, in 1976, the Legislature passed the Me politan tand Planning Act ribich requires corununities, schaols and other pub c agencies to do mandatory pu6lic planning. He stated the Metropolitan Coun '7 has the responsibility to review these plans and approve or make reccmm ndations I I —�-----.. � ENERGY COMMISSION MEETING, MARCH 3, 1982 PAGE 2 shal] be paid to the municipality." He stated there seemed to be some kind of escape clause where the City has to have an inspections program in addition to existing programs. Does the City have to have some kind of pr�gram set up to inspect for energy conservation standards? Mr. Deblon stated the Cortenission members had a copy of a letter to the Winona City Counci] from the Minnesota Energy Agency dated July 22, ]981, which stated: "Anticipating the loss of the enforcement position, the State Legislature amended M.S. 116H.129 this past session to permit me {Director of the MEA) to'authorize a munciapality, with its consent, to conduct the inspections within the munici- pality's jarisdiction' and that municipality shall have 'authority under all subdivisions of section 116H,15 to enforce the provisions of subdivision 3, provided that 50 percent of the penalties to be paid to the state treasury for violation of subdivision 3 shall be paid to the municipality."' Mr. Deblon stated the City could claim it has an inspectinns program and the inspector would most likely be Steve 67son. Mr. Olson has met with.the Energy Agency regarding this. The City will want to be involved only with rental and not single family ownership. He asked if the Commission was in favor of the concept . of energy regulations for rental property. Mr. Wall stated he would like to see the energy regulations in the Housing Maintenance Code. Mr. Saba stated he would like to see these regulations adopted. He felt the City really needed them. He stated he w�uld recort�nend the Commission adopt these regulations by reference. MOTZON BY MR. WALL� SECONDED BY MR. McCONVILLE� TO RECOMMSND THAT THE CSTY COUNCIL ADOPT BY REFERENCE M.S. 116N,229� SUBD. Z� 2� 3� 4� AND 2 MCAR 1.16201 ZNTO TXE lIOUSING MAINTENANCE CODfi. UPON R VOICE VOTE� SRBA� WALL� MCCONVILLE VOTING RYE� WHARTON ABSTAINING� CHAIRPERSON SRBA DECLARED THE MOTION CARRIED. 2. CDNTINUED• DISCUSSION OF P A C.E (PLAN fOR AUSTIN TO CONSERVE ENERGY) Mr. Deblon stated he had talked to Frank Hedin, who developed the plan. Mr Hedin had stated that if he had to do it over again, he would be more thouough in his statistics. Mr. Deblon stated the plan has not been adopted formally by the Austin City Council. but the plan's data and policy are used extensively by the City's Energy Advisory Board. He stated he had received a copy of the Board's February 16, 1982 agenda. The agenda reflects virtually the same topics as were analyzed in PACE. He said the Comnission members might want to review this agenda for ideas. He stated he wpuld get a copy of the agenda to the Commission members before the next meeting. Mr. Deblon also stated he had an opportunity to visit Austin's Solar Lab. A resident of Austin has invested $10,000 in his home for solar heating with high sucess. The resident, whose name is Roland Anderson, has since converted an accessory building into a solar lab where ongoing tests of solar, wind and geothermal technology are studied. As a result of this lab, seminars on "How to Build Your Own Solar Heat Famel" have been offered by the City's Area Vocation Technical Institute. ENERGY COMMISSION MEETING, MARCH 3, 1982 PAGE 3 3, CONTINUED: STOP SI6N POLICY Mr. Saba stated that at the last meeting, he had asked Mr. Deblon to get a map showing the existing stop signs in the City of Fridley. Mr. Debton stated he was not able to get a copy of this map for this meeting, but he would get it to the Cor�nission for the next meeting. Mr. McConville stated he understood fran the information received from the Police Department that the City cannot arbitrarily change speed limits from 30 m.p.h, to 25 m.p,h, for energy conservation. He stated he would like to talk to a State Sena�or to see what can be done about it. Mr. Saba stated that was a very good idea and asked Mr. McConville to give a brief report on his findings at the next meeting. Mr. Saba stated any further discussion on the Stop Sign Policy would be continued at the next meeting. 4. CONiINUED: ENERGY ACCOUNTING SYSTEM Mr. Deblon stated he had been able to collect the City's meter readings and energy bills, but had not yet been able to plot the information on graphs. Mr. Saba stated this is the first step in setting up a good energy accounting system. Mr. Wall stated that now that they are collecting this information, how can they make that information useful? In his,opinion, that information should be graphed and given to each City Council member on a regular basis. As department heads know this information, they will start taking care of it. He felt the more detailed the information, and the better identified the increments are, the more meaning and more impact it will have. Mr. Deblon stated he would get this data graphed by the next meeting. 5. ENER6Y BONDING ASPECTS: Mr. Saba stated one problem with providing money through bonding for energy improvements is getting the money spent for energy improvements, rather than people using it to expand their homes, etc, He stated one thing Minneapolis does is conduct workshops and then provide the 7ow cost insulation and the tools to do it. Mf�: Deblon stated that is set up by State Law. They utilize the House Doctor Program and the neighborhood groups. Mr. Deblon stated he at other communities examples.. has no ideas or suggestions at this time. He is looking to see what has been done, but he has not seen too many Mr. Saba suggested Mr. Deblon talk to Sid Inman about this. ENERGY COMMISSION MEETING MARCH 3, 1982 PAGE 4 Mr. Saba stated they had talked about an energy conservation materia�s coordinated procurement program of some kind and then provide some kind of ]oan at lower interest. Mr. Wall stated bonding for energy improvements would be nice if they could make it work. 6. GOVERNOR'S RECYCLING WEEK: Mr. Deblon stated Apri1 i8-24 has been designated by Governor quie as Governor's Recycling Week. It is all part of "Keep Minnesota Beautifu] Month" which is April 24 - May 22. Mr. Deblon stated the Governor appointed a committee, combined with the Depart- ment of Education, to educate the children in the schools about recycling and its importance. They have set up a five-day packet for school teachers with suggested activities for each day. If the Cities have any suggested programs, they are to contact school districts and coordinate those activities. Mr- Deblon stated the Environmental Quality Commission is currently 7ooking into possible programs to coordinate with that week, One idea is a field trip to the recycling center. They are working with S.O.R,T, to try to get a project committee together to set up a program. The Environmental Quality Co�nission has recommended that the Mayor proclaim April 18-24 as Fridley Recycling Week, and they have recommended that the City accelerate its recycling efforts. Mr, Saba stated the Energy Commission could support the Environmental Quality Commission's effort, because the Energy Commission's goal is energy conservation and recycling does promote energy conservation. If they are going to promote recycling, he stated they should emphasize the energy conservation aspect of recycling as well as the clean environment aspect. MOTION�BY l�2. WALL� SECONDSD BY hIIt. McCONVILLE, TXAT THE ENEHGY COMMISSION SUPPORTS THE ENVIRONMENTAL QUALITY COMMISSION`S EFFORTS IN RECYCLING AND WOULD RECOMM&ND TNAT THE ENERGY CONSERVATION ASPECT OF RECYCLING BE EMPHASIZED AS WELL RS CLEANING UP THE ENVIRONMENT Mr. Deblon stated there are pians to keep the S.O.R.T. Recycling Center open Monday-Frid7ey from 5-7 p.m. during the week of April 18-24, in addition to Saturday. This will be advertised through the local media. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRPERSON SABA DECLARED THE MOTION CARRIED UNRNIMOUSLY. ENERGY COMMISSION MEETING, MARCH 3, 1982 PAGE_5__ 7. OTHER BUSINESS: a. Memo from Ralph Volkman to Bill Deblon dated Feb. 16, 1982 b. Mr. Deblon stated this memo is regarding the things that have been done as a result of the energy audit. Mr. Wall stated it would be nice to see the affects of this conservation on the energy usage. 1 Clark dated Jul Mr. Deblon stated this letter was for the Eommission's information. He stated these temperature control modifications are being used. Mr, Wall stated it wnu]d also be nice to see the results of this on energy usage. ADJOURNMENT; MOTION BY MR. WHARTON� SECONDfiD BY MR. 1NcCONVILLE� TO AA70URN THE MEETING. UPON A VOICE VOTE� ALL VOTZNG AYE� CHAIRPERSON SABA DECLARED TXE MARCH 3� 1982� ENERGY COMMISSION MEETING ADTOURNED AT 9:27 P.M. � Respectfully submi ted, Ly r� Saba Recording Secretary CITY OF FRIDLEY HUMAN RESOURCES COMMISSION MEETING MARCN 4, 1482 CRLL TO QRDER: Chairperson van Dan called the March 4, 1982, Human Resources Commissi�n meeting to order at 7:31 p.m. ROLL CALL: ' Members Present: Mary van Dan� Brian Goodspeed, Peter Treuenfels, Lynn.Boergerhoff, Jayne Noble (arr. 8:30 p.m.) Members Absent: None Others Present: Mary Cayan, Human Resources Assistant Scott Wheeler� Planning Intern Robert Minton, 1538 Oberlin Cr. N. APPROVAL OF FEBRUARY 4 1982 HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. TREilENPELS� S&CONDED BY MR. GOOASPS'ED, TO APPROVE THE FEB, 4� 2982� BUMAN RESOURCES COMMSSSION MINUTSS A5 WRITTEN, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON YAN DAN DECLARED THE MOTION CARRIED UNANIMOUSLY. � . 1. INTRODUCTION OF NEW COMMISSIONER: PETER TREUENFELS Ms. van Dan stated that, unfortunately, every year someone has to be dropped from the Cortanission because of terms ending, and this year the Commission was going to be losing Peter Treuenfels. She stated that after his long years of service to the Human Resources Comnission, she had thought it would be appropriate for the Coirenission to thank him for the time and labor he has put into the _ Commission. Ms, van Dan stated she then received a letter from the City of Fridley announcing the reappointment of Peter Treuenfels to the Human Resources Commission by the City Council on Feb. 1, 1982. She stated fiis new term of office will expire April 1, 1985. Ms, van Dan stated the Correnission welcomes Mr. Treuenfels back arad they are 7ooking forward to another three years of working with him. She stated she is very grateful Mr. 7reuenfels is continuing his service with the Commission. HUMAN RESOURCES COMMISSION MEETING, MARCH 4, 7982 PAGE 2 2. INTRODUCTION OF PLANNTNG INTERPl: SCOTT WHEELER Ms. Cayan introduced Scott Wheeler to the Commission members. She stated Scott will be working with the Planning Department until May 21. He will be he7ping with the accessibility survey and also in developing a plan for retrofit of the Civic Center. She stated Scott is a senior at Augsburg College majoring in Urban Studies. 3. ACCESSIBIIITY SURVEY: Mr. Goodspeed introduced Robert Minton, who has expressed an interest in helping the Commission with the accessibility survey. Ms. van Dan stated she wou7d give a little background on this for Mr. Minton. She stated that, historically, the Human Resources Comnission seems to get invo7ved in a lot of projects involving the handicapped, and one of the Comnission's goals over the last couple of years has been to try to complete an accessibility survey of, not only the City of Fridley buitdings, but also all public and commercial buildings in Fridley, and then develop some type of handbook that would be available to the general public. Ms. van Dan stated the Commission members are not actually trained in this area. They have tried to review a lot of material--the ANSII regulations and the Rehab regulations, but they felt they needed to involve a lot more people. So, they are now in the process of searching for as many interested people as possible in order to set up a project committee, similar to the IY�P Project Committee headed by Lynn Boergerhoff, that did a transportation survey. Ms. van Dan stated she, Mary Cayan, and Scott Whee]er had a preliminary meeting on Feb. 17. At that meeting, they established Tuesday, March 16, at 7:00 p.m., as the first project committee meeting night to see if there is enough citizen interest to establish a project committee. They also worked out a pubticity plan for that meeting. Ms. Cayan stated that since that time, Mr: Wheeler has put an artic7e into the Chamber of Commerce newsletter, the Fridley Sun, and letters have gone out to major civic organizations, churches, and the IYDP membership from last year. The ltbrary has been reserved for that meeting. Ms. Cayan stated that follow, what materials speaker, at this time, they should discuss the agenda they should they should hand out, and whether or not they want a Ms. van Dan stated she has the architectural barrier film, "Sound of Trumpets", They could•include this film as a presentation if an outside speaker is not available. The film is pretty descriptive of what they are trying to find out with an accessibility survey. HUMAN RESOURCES COMMISSION MEETING, MARCH 4, 19$2 PAGE 3 Ms. Cayan stated she has gotten a suggestion from a disabled person that perhaps some disabled people should be asked to participate so they could visit some bu9ldings to determine whether or not they are actually accessible. Ms. van Dan stated she thought they were looking for a survey that would be simple enough for people to fill out easily, Then, if anyone had any questions regarding the survey, someone from the project comrnittee or the commission could fo}low up on it. Ms. van Dan asked if it would be taore advisable to have a survey form that is prepared by the project committee. Ms. Cayan stated it would be better, especially if the project comnittee is involved in any follow-up. They would be better able to answer questions if they had helped develop tfie survey. Ms. van Dan stated they have discussed the possibility of having same kind of sign to put on doors to indicate that a building is accessible. She wondered if specia7 permission was needed to use the accessibility sign. Mr. Wheeler stated he would check with the 5tate Council for the Handicapped to see if there were any restrictions on its usage. Ms. Cayan stated that, assuming there is enough interest at the first meeting, maybe they could ask someone from Brooklyn Center to come and speak on how they handled their accessibility survey and handbook. Another suggestion would be to favite the Manager of Holiday Warehouse, wha has been great about accomnodating the disabled. Ms. van Dan stated she thought it would be appropriate to invite the Manager of Holiday Warehouse to the first meeting, and maybe he could help in the presentation 6y telling what he has done in the store to accormmdate the disabled and how the store has benefited. Mr. Wheeler stated he and Mary Kelly of the Chamber of Comnerce have discussed ways of publicizing to get canmercial peop7e interested in filling out the survey. She had suggested that someone from the Commission attend the Chamber af Commerce luncheon meeting on Thurs., March 11. The Chamber sets aside 5 minutes of time for any outside group to make a presentation. Ms. van Dan stated she would attend that luncheon meeti,ng. Ms. van Dan asked Mr. Boergerhoff to make a brieF presentation at the "1arch 16th meeting on what the IYDP Project Committee has done. Ms. Cayan stated she would think that the term of the project committee, from the point of organization to the analyzation of the data from the survey, should take no longer than six months. HUMAN RESOURCES COMMISSION MEETING MARCH 4 1982 PAGE 4 Mr. Minton stated he would be wiliing to work on the project cormnittee and would be in attendance at the March 16 meeting. 4. INTERNATIONAL YEAR OF DISABL•ED PERSONS - UPDATE: Mr. Boergerhoff stated they have not had any meetings since the recognition night on Dec. 14, 1981. The survey is now at the point of needing the data back from the computer. Unfortunately, the computer has been down for several days and he did not know when it would be back in operation, He stated that, hope- fully, one additional run through the computer would produce the results that all the numbers match and the data is usable. He stated that at that point, they hope to be abie to recommend some uses for that information. Ms, van Dan asked Mr. Boergerhoff if he foresaw any projects for the project cortanittee during the summer. Mr. Boergerhoff stated there has been no discussion of any su�ner projects at this time. 5. DISCUSSION OF NO FAULT GRIEVANCE PROCEDURE: Mr. Treuenfels stated fie has gotten in totich with Mr. Frazel. , Staff person for the Coon Rapids Numan Rights Commission, and they have 5-6 commissioners who need training. He stated he suggested a joint training session in Fridley, and Mr. Frazel suggested the Fridley Human Resources Commission set a date and as many commissioners as could would attend. Mr. Treuenfels stated he has not yet contacted the Columb9a Heights Human Rights Corrrnission. The Commission members tentatively set Sat., April 24, for the training session with the Department of Human Rights to be held in Fridley. (Ms, Noble arrived at 8:30 p,m.) 6. DISCUSSION OF DAY CARE AVAILABILITY: Ms. Noble stated she knew Mercy Hospital provides day care facilities for their employees. She stated she wouid contact someone at Mercy and get some information on why it was started and how it is operating. Mr. Minton stated that Honeywell in Minneapolis not only has its own day care, but has a computerized service for employees that telts tfiem where day care facilities are located in their own areas. He suggested Ms. Noble contact the person at Honeywell who has been instrumental in deve7oping this program. 7, OTHER BUSINESS: a. Art Presentation Mr, Treuenfels stated he receives santhly bulletins from the Aiinneapols Insti- tute of the Arts. In aoing throu�h the bulletin, he discovered there is a Voluntcer Speakers Bureau, where they wi11 send speakers to interested HUMAN RESOURCES COMMISSION MEETING L,MARCH 4, 1982 PAGE 5 groups. There is no charge for this slide show and art presentation. Mr. Treuenfels stated he has already contacted the Uolunteer Speakers Bureau. and they are willing to send a speaker to Fridley. He stated the date for the presentation will be either Tuesday, March 23, or Thursdav, March 25. The P1innea;>olis Institute of the Arts wi11 choose one of these dates. He said he would lake the Hu�an Resources Conmissrion to sponsor this aresentation. Mr. Treuenfels stated the Fridley Library was very receptive to having the art presentation there, and the library would like the sponsoring organization to help set up and take down things. Ms. van Dan stated this was an excellent idea, and the Commission would be happy to sponsor the presentation. Mr. Treuenfels stated Ms. Cayan was going to check to see if the canmunity billboard could be used for advertisement, and cable TV was a possibility. Ms. Cayan stated they may want to have Northern Cablevision video tape the presentation, Perhaps they should notify the local high schools and community colleges about the presentation. b. Accessibili� of Pollinq Places Ms. Cayan stated that at the last Commission meeting, Mr. Treuenfels had asked her to check into the legal requirements for polling places as far as accessibility. She stated there is nothing in the 504 regulations or in the State Law concerning accessibility for polling places. The City can only request the polling places be accessible; the City has no authority to enforce accessibility. Ms. Cayan stated she had talked to some people at the State Council for the Handicapped, and they had said Brooklyn Center is a leader as far as accessible voting sites. Brooklyn Center ailows their uoters to vote in another precinct if their regular precinct is not accessible. She stated she did not know if Fridley would do that. She stated,the State law has recently changed, and an election judge can now bring the voting device out to the car. if the disabled person can get to the site Cominissioner Orientation Folder Ms. Cayan stated she had brought the conanissioner orientation folder she had put together for new commission members. 7he Coromission members could look it over, and she was open to any comments or suggestions. by car. HUMAN RESOURCES COMMISSION MEETING MARCH 4 1982 PAGE 6 ADJOURNMENT: MOTION BY MR. GOODSPSfiD� SECONDED BY MR. TREUENFfiZS� TO RDJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON VAN DAN DfiCLRRED THE MRRCH 4� 1982� HUMAN RESOURCES COMMISSION MEETING AD.70URNED AT 9:15 P.M. Respectfully subm'tted, c/Y���='"' ynne Sa a Recording Secretary CITY OF FRIDLEY COMMUNITY DEVELOPMENT COMMISSION MEETING MARCH 9, 1982 CALL TO ORDER: Chairperson Oquist called the March 9, 1982, Comnunity Development Comnission meeting to order at 7:32 p.m. ROLL CALL: Members Present: LeRoy Oquist, Kenneth Vos, Connie Modig, A1 Gabel, Sharon Gustafson Members Absent: None Others Present: Mary Cayan, Human Resources Assistant APPROUAL OF FEBRUARY 9, 1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. GABEL� SECONDED BY MS. MODIG, TO APPROVE THE FEBRUARY 9, 1982� COMMUNITY DEVEZAPMENT COMMISSION MINUTES. The following change was made on page 5, Item 5-a, "Alleys": Change "City of East St, Paul" to "east side of St. Paul". UPON A VOICE VOTE� ALL VOTING AYE� CHAIRP&RSON OQUIST DECLARED THE MINUTES . APPROVED AS AMENDED. 1. "PIANNING DAYS" OISCUSSION: Ms. Cayan stated that at the last meeting, the Commission had requested that she invite someone from the City of New Brighton to speak to the Commission about New Brighton's "planning day". She stated that because of another meeting conflict, no one from New Brighton could attend the Commission meeting this evening; however, someone could attend the Commission's April meeting, if the Comnission still wished to pursue this. • Ms. Cayan stated she talked to the City of New Brighton's Associate Planner, who gave her a brief description of the day. The day begins at 8:00 a.m. The morning is devoted to general discussion--the "State �f the City" type of presentatio�s. The afternoon is comprised of four discussion groups, and each City Council member chairs one of the four graups. COMMUNITY DEVELaPMENT COMMISSION MEETING, MARCH 9, 1982 PAGE 2 Ms. Cayan stated the way New Brighton sets up this process is they select a volunteer "Citizen Study Group". This Citizen Study Group then formulates a list of potential topics for the four groups, and these suggested topics are submitted to the City Council, The City Council selects four of these topics and each Council member volunteers to chair one of the discussion groups. She stated a luncheon is sponsored by a civic group and is catered. Ms. Cayan stated that as far as city staff's involvement, the department heads attend the day and are there for back-up for the City Council members with statistics and information. Ms. Cayan stated civic leaders are invited, former mayors, and former Council members. She did not think they discouraged citizens, but they do promote and gear the day toward civic leaders and organizations. Ms. Cayan stated the reason for the day is to invite public participation, it gives the civic leaders an opportunity to meet with the City Council members and the Mayor on a one-to-one basis and to just generally promote knowledge in the city's issues. Mr. Oquist stated he envisioned the day as more of an opportunity for private citizens to cane in and speak their mind and find out what the City is doing. Ms. Gustafson stated that if they do have a"planning day", they would not have to limit it to civic organizations, they couid offer a"generai invitation to the citizens of Fridley. She stated she thought it sounded exciting if they could generate enough interest in it. Ms. Cayan stated there are a lot of different things that could be done. She thought there would be a lot of commissioners who would be interested in attending. Maybe each commission would want to give a brief presentation on what it is doing. The day could be taped by cable TV for a later showittg on the access channel. There are many exciting things that could happen. Mr. Oquist stated they should have someone from New Brighton come and speak to the Commission at their April meeting so they can get more ideas and answers to any questions they might have. Then they should pose the idea to the City Council to see if the City Councii is receptive and interested in having a"planning day". Ms. Cayan stated she would arrange to have someone from New Brighton at the April meeting. 2, STAFF REPORT: TRUTH IN SALES OF HOUSING Ms. Cayan stated she has talked to the person in Minneapolis who is in charge of this program. His name is Mr. Lyons. Mr. Lyons supervises the program and has supervised it since it started on Dec. 1, 1975. She stated Mr. Lyons sent COMMUNITY DEVELOPMENT COMMISSION MEETING, MARCN 9, 1982 PAGE 3 her information on the program--a sumnary of tfie program, the entire disclosure report the evaluators fill out, the sumnary report, and a copy of the ordinance that sets for the iegal basis for the process. Ms. Cayan stated that in talking to Mr. Lyons, he stated he was very skeptical of this kind of program in the beginning, but after working with it for six years, he has come to see that it can be a really effective program. At this point, Minneapolis is averaging about 8,200 sales per year and they average only about 60 complaints per year. Ms. Cayan stated Mr. Lyons stated they have a fairly strict testing system for the private evaluators. Once the evaluators pass the test, they are included on a list approved by the City of Minneapolis. Mr. Lyons had stated it is up to the person who is selling the home to contact one of the private evaluators. If a person is selling his/her house, he/she has a choice between having a city inspector come out and do a code compliance or going with the Truth-in-Sales of Housing Program. He had stated that everyone chooses the evaluation by a private evaluator, because the City can force the seller to make improvements which can be quite costly. The point of the program is not code enforcement, but to inform the buyer of what heJshe is getting into before buying a home. By goinq to the private evaluators, the seller avoids the legal obligation connected with the city. Ms. Cayan stated the City of Minneapolis also has a fuli-time person who is a "Review Evaluator", who is a back-up evaluator for any complaints concerning a private evaluator. Ms, Cayan stated Mr. Lyons offered to come and speak to the Commission if the Comnission is interested in pursuing this program. He had stated they sent �ut a survey to the people who used the program, and they received a 92% favorable response rate. Mr. Oquist stated"he really liked the idea of this kind of program, fridley's housing stock is probably getting to the point where something like this might be very warthwhile. Dr. Vos stated that under their Housing goal in the 1982 workplan, their second objective was "to provide for upgrading of existing housing stock and the elimination of substandard housing". One of the action items for that objective was to "determine the need for an additionai program for single family ownership maintenance code ('Truth in Housing'}." Mr. Oquist asked that if Fridley did decide to go with this kind of program, could they use the same private e�aluators that are listed for the City of Minneapolis? He asked Ms. Cayan to check on this with Mr. Lyons, COMMUNITY DEVELOPMENT;COMMI55ION MEETING� MARCH 9, 1982 PAGE 4 Ms. Gustafson stated she liked the idea of upgrading the housing stock and maintaining it. The Comnission members agreed they wou]d like Mr. Lyons to come and speak to them at the May meeting. 3. ALLEY SNOW PLOWING POLICY: MOTION BY MS. MODIG� SECONDED BY MR. GRBEL� TO RECEIVE A MEMO TO THE COMMISSION FROM MS. CAYAN ON "ALLEY SNOW PIAWING POLICY". UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE MOTiON CARRIED UNANIMOUSLY. Mr. Oquist stated that at the last meeting, he had asked Ms. Cayan to find out what the City's policy was on plowing and maintaining alleys. His thought was that maybe the City could save some money by not maintaining alleys. In Ms. Cayan's memo, she stated that the City maintains all improved alleys within the city limits. This inciudes both plowing and surface maintenance; however, there is presently less than one mile of maintained alleyways within the city. Mr. Oquist stated that since there is only about a mile of improved alleys, there is not much to be concerned about and they need not pursue this issue any further. 4. NAHRO (NATIONAL ASSOCIATION OF HOUSIN6 & REDEVELOPMENT OFFICIALS) LEGISLATIVE C I E REPOR : Ms. Cayan stated she had written a memo to the Commission dated Mar. 2, 1982, regarding a report of the work of the Minnesota NAHRO Legislative Co�nittee. She had also attached the "1982 Summary of Minnesota Legislative Proposals Related to Housing and Community Development". She stated this is an update on what is happening with the State Legislature and it was just for the Corrmission's information. 5. OTHER BUSINESS: a. Comnissioner Orientation Fo7der Ms. Cayan stated she has completed the commissioner orientation folder to be used by new commission members. She stated she welcomed any comments or suggestions, ADJOURNMENT: MOTION BY MS. MODIG� SECONDED BY MR. GRBEL� TO AA70URN THE MEETING. UPON A VDICE VOTE� ALL VOTING AYE� CHAIRPERSON OQUIST DECLARED THE MRRCH 9� I982, COMMUNITY DEVEIAPMENT COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully s bmitted, �.0 ^ Lyn e Saba Recording Secretary City of Fridley nP���ts corssssioti ���rr�c - r;:�.��s i6, 19�2 Pa�;s i cnra. To o?vsF, Chairwoman Gabel called the 2•;arch 16, 1982, Appsals Commission Tieeting to order at 7i30 p,m. �QLL CALL: r:embers Present� Patricia Gabel, Alex Parna, Donald Hippen P'embers Absent� Jean Gerou Jim Plemel Others Presentt Darrel Clark, City o£ Fridley Jim Pizokopowiez, �+332 wa5r,ington St, K.F., , I:inneapolis, I•�'d Joe Perrozzi, $100 Vincent Avenue North, N.inneapolis, 1�+1 2:grk Anderson, sj6 3%th Avenue AT.�;, hanneapolis, I��i 3obert Lindblom, 6533 Cherofcee Iane, Brooklyn Parlc, t�L1 Doris and Donald Sc?u:eppmueller, 8151 Riverview Terrace, I'ridley, HLd APP�OV*.; APPnALS COt•>�ISSSOti I!IIvZ;.rS 0? JI�Tv�7A,3Y 26, 2982t FATIOh by I7i^, Barna, seconded by I;r, Hippen, to approve the January 2b, 1982, Appeals Commission minutes as 47rittan, JPO,� A VOiL:. VO'i^r,, ;1LL VOiIi�J 1'iYc, CF3P.LR'lON.Af; G�B�L LBCLA�D Ti� I•�TIA� CARRL.� U;kANI]•;OUSLY, � �� I�rn /�• VIYIIUY) 6424 Taylor Street PI.E., Fridley, MN 55432, and Mark Anderson, 556 37th Avenue N.E., Minneapolis, MN 55418j. 1�i0SI0:: by- 1u , Hipoen, secanded by Na, Barr.a, to open the public hearing, UP021 A dOI��. VOTE, ALL VOTI'dG AYr;, CFi�tI?�dOAJ�� GA7,.I. DBCLA?:iJ T� FJELIC H:f..?Ii71 UP�j.'; AT 7� 35 P.i�. Chairxotran Gabel read the Staff Reports ADMII3ISTRATSVE STAFF REPORT - ----��-- - .953 Mississippi Street N.E. A. PUBLIC PURPOSE SERVED SY REpUIREMENT: Section 205.053, 4C, requires a rear yard depth of not less than 25 percent of the lot depth required, with not less than 25 feet permitted or more than 40 feet required for the main building. . Public purpose served by this requirement is to provide a rear yard space to be used fox qreen area which enhances the neighborhood. .. .. . . . . . . .. . ._ . ._. . __._�. __-____.....„,._._,.._..�,.._...,-_�...�.�:_b4....�+.ir Appeals Commission Pieeting - March lb. 1982 Pa^e 2 8. STATED IiARDSHIP: ..._ . . . . .._ - - "This is a large lot in an oId plat, The hovse is situated so that any split of the lot ta form a new buildable site wonld place the lot line into the required rear yard. The 2ot is large enough to split into three lots," C. AIJMIS]ISTRATIVE STAFF REVIiS7: This lot is 111.37 feet by 250.0 feet on the nortl�west corner of Mississippi Street and Oakley Drive, with the frontage on Mississippi Street. The applicant proposes to split off the northerly Sl feet to make a buildable site, fronting on Oakley Drive. The existing house is set back 121 feet from the front property line (Miss. St.) leaving a 20 foot rear yard if the lot split is approved. If the Boards decision is tn grant this request the staff has no suggested stipulations. ?"s. �.n3erson, 55� 37th Avenue :w, 2•'.inneapolis, "i*Lnesota Tras crese^±, ls. Clark r.oted that thA Plannin� Commission recomR�anded epnroval;of the lot spii�, depend- ing on variance approval. The reason for the frontage of 81 feet on the new building site was to meet the required 9000 square foot Iot, 1s. Hippen asked if the 20 foot rear yard was from the back of the home. Dir, C7arlc respor.ded tkat it was fron. the back of the house to where the new Iot line would be, and that tne garage would also be about 20 feet, The other garage shown i.n the pictu:�e would be removed. R's. Barna askeri t�s. Anderson w2�y he just split the lot instead of �oino for three lots and also wi�y an 80 foot versus a 75 foot 1ot in the backi ?ir, i.nderson responded that h., understood that was the requirement and Nx, Clark added that the 81 fee t geve 9021 square feetrenou�h to meet the area _-equirement. :,C_TIO:I by N's. 3arna, seconded by 1FS. Hippen to close the puolic hearing, UPOti A V�-ICti VO�y, ALL VOTIA?G AYE:, CriRLR1d02�.1N GAS:;L J;.CLt+.�D i?in� PII°LIC N:�i;3ltdG CIAS:i,^. AT 7t�3 p.m. i•:OTZC.? by Nr. Hippen, seconded by I•ir, Barna, to grynt the varie.nce request to reduce the required rear yard setback from 42,25 feet (250 of the lot depth) to 20 Seet, on Lot 8$, Auditor's Subdivision T�o. 21, to allow the northerly �1 feet of this lot to be split off for a new building site, the sar;e beino 9S3 i:ississippi Street h,E, UP02� A VOICE VO L� I�LL VOTING AY,�.',� C'3AL?'dC'.AN G�S:;L ��CLA:i:D T'i's i_4TI0?J Ckt24T�D tiT�ANI2fAUSLY. Chairwoman Gabel said this item rrould go before the City Council because of other consideraiions on the lot and :�^. Anderson should check with the City r;anager as to when this matter would be on the agenda for consideration, 2. VARIANCE REOUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO , 5100 Vincent Avenue North, MinneapoiTS, .� ,� .. �, __ �_: _ , _�--�s�.. .. >;�.. , �� � Apueals Commission *ieeiing - barch 15, 1982 Pa?e 3 MQTIO*? by Nm. Barna, seconded by Mr. Hippen, to open the public hearing. UPO.V A VOICE VO a, AI,L VOTING AYE, CHA1Ri�02•;A21 G�aBEL Dr,CLAR�.D iFE PUBLIC Hr'J'+klNs OPE:�` AT 7i5� P.m. Chaircroman Gabel read the Staff Reportt ADMSNZSTRATIVE STAFF REPORT 8181 Riverview Terrace tt.E. A. PUBLIC PURPOSE SERVED BY REgUIF�MENT: Section 205.053, 18, requires a minimum lot area of 7,500 square feet where a lot is one on a subdivision or piat recorded before December 29, 1955. Public purpose served by this requirement is to avoid the condition of over-crowding of a residential neighborhood,and to avoid an excess burden on the existing watEr and sewer services, and to avoid reduction o£ surrounding property values. B. STATED HARDSHIP� "Need the variance to build on the lot." C. ADMINISTRATIVE STAFF REVIEW: The applicant had approval of the lot area variance granted in 1979 (May 15, 1979 Appeals Commission) (June 4, 1979 City Council) but was unable to build the dwelling at that time and the variance lapsed from non-use within one year of approval. He now feels he can build the dwelling, and is again asking for the lot area variance. Riverview fleights was platted many years ago in 25 foot lots. Over the past years, many homes have been built by combining two 25 foot lots to obtain one 50 foot site. There are several homes in this same block that have been built on lots of this size. 24iis lot is located in the flood plain, therefore, the structure must be elevated to a certain level, and in some instances it has been difficult to grade the property to meet £lood plain requirenents, The staf£ has no recommendation on the.area variance request if the Commission approves it. D'r, Jos�ph Perrozzi, S00 Vincent Avenue North, 1�;inneapolis, NP1. ti�as present. hr. Clark noted that this item appeared before the ApSeals Comn,isaion about two years ago, I'it thet time there was a request for two variances, one for the lot area and one for the side area, The variance for the lot area was approvad, but the side yard variance was denied, That recomtnendation did carry on through the Appeals Commission hieeting - Narch lb, 19`�Z ?a�,e 4 City Council who asksd that the variance be redrafted without the side yard vari.ance, ;he petitioner redrafted the plans and brought in a new house p7an, The new house plan does meet the side yard requirements, The new house will be a full two stories o£ living area above grade with an atiic, 'The house is to be buil.t on post and beam with no appreciable amount of £i11, The elevation will be about 7 foot higher than that of the house to the north and the south, There will ba 18" of air space beneath the first floor which is required for maintanance purposes, N.r, Perrozzi indicated that he had brought his contractor with hin: to explain the plans, P��, Pizotcopo�aiez, the contraetor, indicated tizat they had eliminated the post footings and were running one continuous £rost £ootins and that it would be blocked up like a gonventional nouse, There would be no driven posts just re�ular footin�, Chairwoman G�bel asked how much fill would be required and ;�ir. PizokopoUriez responded that it c:ould be di£Sicult to determine but tnat they did in+.end to allow 20" instead o£ the requi.red lp" of air space, In resoonse to a question about the drainage he noted that. tae.y would be usino swales so the water would drain to Hugo Street where there is a storm drair.. It was also noted that the En�ineeri7g Denartr:ent had looked at the present drainage systen: and that it was satisfactory, Ts. Perrozzi indicated t� t hs vaas pulling +:�e financing to�ether a�d hoped to build ir i.a„r or June, The Contrzctor further ir.dicated that he had ex�erience building on poor soil so imows it can be a problem but he !�siows how to deal with it, Is. Barna asked if this was to be built as a orivate residence and 'ra, Perrozzi saia he would be livino there, I;r, dnd i�.rs. Sc'�uiepprnzel7.er, neighbors of the propos�d building site, voiced a concern over the yossibility of crow3ino since thej� feel tl,e lot is �ust too srrall to build on. 2ss, Schnepprtueller preser,ted a pio�re showir.^ +he area under heaty moisture, She indicated that ri�ht no�? tnat lot stops the water £rom runnin3 off and they are afraid if t'�at land is developed the water will run ir�to their basement. Cnaircooa�n Cabel corr-ente3 t7at from +hg previous request the City attorney ?Zad comrcented th2t the Citg didn' ��:ave t`;e ri;ht to force the person ownis:g that lot to provi3e drai_na�e for tha rest of t1_?e people, hss. Schneppmaeller asked i£ there wzs not also a laF; prohibitin� building on a Iot oi t��=_�, �i^�a a.3 Chairwoman Gable answered t'r.at there is a provisior. sri�hin t?�e law on ihe lots p_latted prior to D��cem'aar 2;55 t1-iat var,�znces rr�y ��ranted +o make it a buildable lot, :=0"'T0:' by I"x. �rna, seconde3 bq rs, Hippen to receive into tye record receiot of a;etition that states; "t^iiis is a petition a`ainst the consideration o£ a r�ques� for variance on I,ots 28 and Z5, $Ioek R, Aiverview &�ighte, the sare �,�ein;, °1°�l tiverview �erra.ce '.5,�, to reduce the square foote�e s�c;uiremen� from 7$00 square feet to 5939 =quare £eet.", Chairc�c.^an G�',:�1 noted that the aetitior, ha3 ld signatures, LT'G.� F+ VOI� VOT:., nLL VOmIIs� �IYE, C�;��i �1CiL��?: lis.ie=?�� =.�: i.C�IC:; CA'�R�➢ Ui;i�P?I:,OU�L�, i�"s, Perrozzi asked rorl-y* a oetition ?iad not 'aeen presented last year and Iss. 5chneppmuelle� responded that they dicin't lmow that or.e should ;�:ve been yresented and when they found out i` �.as tao latE. 1�� , Perrozzi indicat,ed. that he was not lool<ing for a hassle with the neighbors and undex•stood i;hat regranting of a variance was a simple procecure, Chairwoman valx 1 pointed oui th�t a variance extensior. Appeals Commission i=eetinQ - Parch 15 19°2 Pa"e 5 could have been granted� lrut tl�t one must apply before the variance ea�ires which it does a£ter one year. Nu�s, Schnepprmieller said they had a member of City Council, Ed Fitzpatricic, look at the property and he had a;;raed with them. Chairwoman Gabel said they, too, had Iookad at the property and lmew wha± the situation was. I•ATIO?1 by Y,r. Bar:ia, seconded by rs. Hippen, to close the public hearing. UPO;: A VOI� VO�, ALL VOi�cG AW, CF.AIA'na'r;t:?; GAL,wL D:CIJ!.�:D ""� P'JfiLIC ii'r.+lRIliG CI.Oi,:. AT 8=10 P,N., P's. C1ark pointed out t?�at the only dECision to be made b� the Appeals Comrrission is the variance on lot size, All specia.l uee permits for grading, drainage and house plans wou2d be considered by t?�e Planning Corunission on �arch 24, 19B2, I:r. Clarlc noted that the most critical area is the garage to the south, but that the house to the north should be okay, P:r. Barna noted that there are a nu^�ber of lots in the area t1.at are j7 feet, bu± the sma7lest on r?iverview Terrace is 60 feet. Fie said it is a unique area and that granting this variance �:ight set a pracedenca since there are two other vacant lots in the area, he personally feels that putting a house between �he t�ao existing, aven t�ough it is a desirable spo�, just wouldn't fit, Cl�irc.o:�an �abel stated that they have been allowittg 50 foot lots in the :iverview area as the lots were platted before 195$ and as the City said, it is not up to City io force so:ne nroperty ov*ner to provide drainage for so:reone else, idith the cost of hous3ng she feels that Fridley will soon have to chan;;e ihe require.��ents on the sizes of lots, sinaly because people can no lon,�,er afiord to tuy the ]ar�e lofis and 'ouild on ther. Given the previous fi.nding5 tr,�t the variance �rzs granted ar.d consider'u�g how thir.gs hzve chan;;ed som.ething is goin� to built t:iere, If the request is denied it may delay it a few years. but eventually soc;ething �*ill �o on that lot, MOTION by Mr. Sarna, seconded by Mr. Hippen to approve the variance request to reduce thesquare footage requirement on Lots 28 and 29 recorded before December 29, 1955, from 7500 square feet to 5989 square feet, Block R, Riverview Heights, the same being 8181 Riverview Terrace N.E. Chairwomen Gabel pointed out that in order to grant a variance, a hardship must be stated. The hardship in this case is that he cannot build on the property without a variance and that no additional land is available. UPON A VOICE VOTE, WITH GABLE AND HIPPEN VOTING AYE, BARNA NAY, THE 4fOTI0N CARRIED. Chairwoman Gable noted that this item would go on to the Planning Commission and City Council along with the Special Use Request. Mz. Clark noted that it might be possible that a low spot could be created in the lot, perhaps to the front or side of the house, put a catch basin in and run a pipe to the river £ar drainage. Then it would flood only in extreme conditions. OTHER BUSINESS: Chairwoman Gabel requested that the election of officers be put on the next agenda. 16 Nr. Hippen informed the Conunission members that he finds it necessary tp tender his resignation as a Comr,�issgan member since his work schedule has been changed and it wi11 no Zon�er be possible to Ieave work to attend the meetings, t�"s, C7srk said he should put this in writing addressed to the Mayor with a copy to Chairwoman Gabel, perhaps Council could name a new member to the Com�ission at their April meeting. Ax, Fi�ppen stated that if thet is possible his resignation wocttd be effective April 1, ADJO�h_e N.0_^ION by Air, Barna, seconded by Na, Hippen to adjourn, UPO.i k I�IC� VC�� ALL V0�:1-idG AYn, C;iAI$IdON�IId GAnr.L �'CI.A3� Tl� APF'�ALS COii;JZSSZO:r' 2�Wr;TIMu OF N,ARCH 16, 1982, AbJOURi�'� pT gi30 P,r1. :�espectfully submitted� Pat Von hlosch 3ecording Secretz�, ��-�� ������ i�'j� 2� i�� �-- � 7Y�� .���' �' ��.�- �-��-- o�� �'„�-�- G� �a3 c�D,,o�.d-�. � v�i�1-o (� c�c�.,�-- Nc�, ��l/ a / i�'�t�� �/��� ��=l��x� , �`�� • ���� � ��--���a-� � �':��G�� /- �. /��� �S�� ��u� �'l �- _ '2�`l y�C� �' �s, ,�� ,/��;-� i < , , < < • � � . ��.__� �� � 9Yv� «A2� ��t , �� f _ i i � } � i � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 24, 1982 CALL TO ORDER: Vice-Chairperson Oquist declared the March 24, 1982, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Mr. Oquist, Ms. Gabel, Mr. Kondrick, Ms. van Dan, Mr. Saba Members Absent: Mr. Harris, Mr. Svanda Others Present: Jerrold Boardman, City Planner Robert C. Lindbloom, 6633 Cherokee Lane Joseph Perrozzi, 5100 Vincent Ave. No. Jim Prokopowicz, 4332 Washington St. N.E. Chester Schack, 685 Glencoe St. N.E. Donald & Doris Schneppmueller, 8151 Riverview Terrace N.E. R. H. Klingbiel, 8199 Riverview Terrace N.E. APPROVAL OF MARCH 10, 1982, PLANNING COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MR, SABA� SO APPROVE THE MARCH 10� 1982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� RLL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #82-01, BY JOSEPH PEROZZI: ea�T�`�pecia sT-U e�ermi�,��7 -,�er Se�'ion 2T13.T5T; 3,—� to allow the construction of a dwelling in the flood plain (CPR-2 Zoning) on Lots 28 and 29, Block R, Riverview Heights, the same being 8781 Riverview Terrace N.E. MOTION BY MR. SABR� SECONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARING ON SP H82-01 BY JOSEPH PEROZZI. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON.OQUIST DECLARED THE PUBLIC HEARING OPEN AS 7:38 P.M. Mr. Boardman stated Mr. Perozzi had applied for a special use permit in 1979. It was heard by both the Planning Commission and City Council, and the City Council approved that special use permit in 1979. The dwelling was not constructed within one year, and since no extension was applied for, the special use permit had expired. At this point in time, Mr. Perozzi is submitting a new special use permit for the construction of a building. PLANNING COMMISSION MEETING, MARCH 24, 1982 PAGE 2 Mr. Boardman stated that in 1979, Mr. Perozzi went to the Appeals Commission, and the Appeals Commission granted a variance for lot size, but did not grant him a variance on the side yard setback, based on the building that was being proposed to be constructed on the site. Mr. Boardman stated that at the Appeals Commission meeting on March 16, 1982, the Appeals Commission again recortmended approval on the lot size, but this time there is a different building design that does not require the side yard setback, Otherwise, all the things are essentially the same as described in 1979, including the drainage and elevation requirements, and those things were agreeable in 1979. Mr, Boardman stated Staff has no prob7ems with the approval of this special use permit. Ms. van Dan asked if the building was going to be built on the lot as it is now or if the lot was going to be elevated. Mr. Perozzi stated fill will be brought in to meet the elevation requirements. Mr. Kondrick asked if it was Mr. Perozzi's intent to build his house on the same level as the surrounding homes. Mr. Perozzi stated, yes, that was his intent. Mr. Boardman stated that with any construction, they have to meet all the require- ments as far as sewer traps and those kinds of things. The City's main concern is the drainage and making sure the lot is graded so the water drains out to the street to the catch basin. Mr, R. H. Klingbeil, 8199 Riverview Terrace, stated he lives right next door, and Mr. Perozzi is running very close to the grade on his property. He did not believe there was a contractor in the City of Minneapolis that could hold a grade like that. He would like to know who is going to check this to make sure the water does not drain into the other properties. He stated that Mr, Perozzi's building is so high, it is going to block the sun, and it will be the highest house in a block that is mostly ram6lers. Mr. Oonald Schneppmueller, 8151 Riverview Terrace N.E., stated he lives on the south side of this lot. He stated Riverview Terrace goes up from the Creek. Once Mr. Perozzi raises his lot level with Mr. Schneppmueller's, his driveway will be constantly flooded. He stated they have gotten a petition signed by people in the neighborhood. He submitted this petition to the Planning Comnission, along with pictures of his lot and Mr. Perozzi's lot, MOTION HY MR. SABA� SECONDED BY MS. GABEL� TO RECEIVE THE PETITION AGAINSS THE BUILDING OF A DWELLING ON LOTS 28 AND 29� BIACK R, RIV6RVIEW HEIGHTS. PLANNING COMMISSION MEETING, MARCH 24, 1982 PAGE 3 Mr. Oquist read the petition into the record: "This is a petition against the building of a dwelling on Lots 28 and 29, Block R, Riverview Heights, in CPR Zoning, Flood Plain, the same being 8181 Riverview Terrace N.E. The dwelling would be built on a 50 ft. lot between two existing homes which would be a first on Riverview Terrace. This type of building would create crowding and would open the door for other such buildings in our area. We are sure this tScpe of bui1din9 would not be allowed next to $100-200,000 homes." UPON A VOICE VOT�, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTTON CRRRIED UNANIMOU5LY. The Planning Commission members reviewed the drainage plan which showed the water draining out to the street. Mr. Boardman stated that on agenda page 20 (City Council minutes, June 4, 1979), the City Council made a motion "to grant special use permit SP #79-04, with the stipulation that the City be satisfied that the drainage plan, as described and discussed, would be maintained in construction". At that time, Mr. Herrick, City Attorney, had stated that, "as far as drainage, the standard rule in Minnesota is that an owner may develop his property in a reasonable fashion, as long as it doesn't unnecessarily burden the neighbor" and "he doesn't have nearly as much trouble with the concept of saying he can build, but has to insure drainage, as with the problem of saying he cannot build on this lot because it has to be used for drainage". Mr. Boardman stated that right now this lot is being used for drainage, and that is not what a lot should be used for. Any owner of a piece of property has the right to develop that property as long as it doesn't unnecessarily burden the neighbor, He stated the City Engineers have reviewed the drainage plan, and they feel the plan is adequate for taking the water out of the property without causing undue hardship on the neighbors. Ms. Doris Schneppmueller questioned whether it meant anything that all the neighbors were against this building. 5he stated all the neighbors are very upset about it, and that is why they submitted the petition. Mr. Saba asked how much higher Mr. Perozzi's house would be than the rest of the neighborhood, Mr. Boardman stated Mr. Perozzi's house height would be about 24 feet. Most ramblers are about 15 feet in height. Under R-7 zoning, the City allows a maximum height of 30 feet. Mr. Klingbeil stated that if this building is built, the City Inspector should be sure he checks those grades. PLANNING COMMISSION MEETING, MARCH 24, 7982 PAGE 4 MOTION BY MS. GABEL, SECONDED BY MS. VAN DAN� TO CLOSE THE PUBLIC HEARING ON 5P �82-OI BY JOSEPH PEROZZI. UPON A VOICE VOTE� ALL vOT2NG AYE� VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING CLO5ED AT 8:17 P.M. MOTION BY MR. KONDRICK�SECONDED BY MS. VAN DAN� TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUESS FOR SPECIAL USE PERMIT� SP #82-DI� BY JOSEPH PEROZZI� FOR THE REAPPROVAL OF R SPECIAL USE PERMIT� SP �79-04� PER SECTION 205.I57� 5� D� TO ALLOW THE CONSTRUCTIDN OF A DWELLING IN THE FLOOD PLAIN (CPR-2 ZONSNGJ ON LOTS 28 AND 29� BLOCK R� RIVERVIEW HEIGHTS� THE SAME BEING 8181 RIVERVIEW TERRACE N.E.� WITH THE STIPULASION THAT THE CITY BE SATISFIED THAT THE DRAINAGE PLAN� AS DESCRIBED AND DISCUSSED, WOULD BE MAINTRINED IN CONSTRUCTIDN. Mr. Saba stated he was also concerned about the drainage, but the plan looked like it would work. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNRNSMOUSLY. � Mr. Oquist stated SP #82-01 would go to Gity Council for action on April 5. 2. RECEIVE MARCH 3, 1982, ENERGY COMMISSION MINUTES: MOTION BY MR. SABA� SECONDED BY MR. KONDRICK� SO RECEIVE THE MARCH 3� 1982� ENERGY COMMISSION MINUTES. � Mr. Saba stated there has been a major revision made to the Housing Maintenance Code for rental property. At the last Energy Comnission meeting on March 23, the Commission commended Staff for putting things together. Basica7ly the energy regulations are adopted out of the State Energy Agency's Code, requiring a 5-year payback, improvements to be made immediately, with a 19-year payback to be made by July 1, 1983. If enforced properly, this revision should dramatically contribute to the energy efficiency of rental property in the City. It is a major step, and they hope it does what it is supposed to do. He stated there is a pretty heavy penalty for non-compliance. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAZRPERSON OQUIST DECLARED THE MOTTON CARRIED UNANIMOUSLY. Mr. Saba stated the Commission had also made a motion to support the Environmental Quality Cort�nission's efforts in recycling and recommended that the energy conserva- tion aspect of recycling be emphasized as well as the cleaning up of the environment. Tf the Environmental Quality Comnission would 7ike to meet jointly with the Energy Commission, they would be happy to meet with them, 3. RECEIVE MARCH 4, 1982, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MS. VAN DAN, 5ECONDED BY MR. KONDRICK, TO 12ECEIVE THE �9ARCH 4� 1982, HUMAN RESOURCES COMMISSION MINUSES. PLANNING COMMISSION MEETING, MARCH 24, 1982 PAGE 5 Ms. van Dan stated the Accessibility Survey Project Committee has already had two meetings, and the proposed survey of the community's buildings (about 170) is already underway. They are very fortunate in that Julie Quarve-Peterson, who works with the National Housing Institute, recently moved to Fridley, and she is helping the Commission develop a very basic accessibility survey form. Ms, van Dan stated that on Tuesday, March 23, there was a presentation by the Minneapolis Institute of Arts at the Fridley Library. It was very well attended. Ms. van Dan stated the No-Fault Grievance Procedure training session will be on Saturday, April 24. Coon Rapids, and possibly some other communities,will be joining the Human Resources Cortdnission. The session will involve teaching them what the No-Fault Grievance Procedure actually entails, and then the Commission will go from there as to whether they want to pursue it. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated he has heard nothing but excellent reports about the Accessi- bility Survey Project Committee. The people who are involved in the committee are excellent people. They have detailed plans and a timetable set, and it is exciting to see something like this happening. 4. RECEIUE MARCH 9, 1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MX. SABA� TO RECEIVE THE MARCH 9� Z982� COMMUNITY DEVELOPMENT COMMISSION MINUTES. � UPON A VOICE VOTE� ALL VOTING AYE� VZCE-CHRIRPERSON OQUIST DECLARED THE MOTION CARRZED UNANIMOUSLY. 5. RECEIVE MARCH 16, 1982, APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MR. KONDRSCK� TO RECEIVE THE MARCH 16� 1982� APPEALS COMMZSSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. � 6. DISCUSSION ON CENTER CITY REZONING: Mr. Boardman stated a public hearing has been set for the April 7 Planning Commission meeting for Center City rezoning. Mr. Boardman stated they are looking at developing a clinic and office buildin9 with a plaza court outside City Hall and the relocation of 64th Ave. He stated one of the problems they have in Center City is a mishmash of zoning. So, they are looking at trying to handle the Center City zoning with a special district. A special district is similar to a PUD (Planned Unit Development)-type of zone PLANNING CQMMISSION MEETING, MARCH 24, ]982 PAGE 6 where it is zoned by plan. The Planning Commission and the City Council would review the plan and approve the plan. Then, when something is built, it is built by plan, and they avoid variances that have to go through the appeals process, Mr. Boardman stated they will be looking at doing things in the Center City area that they would not necessarily do on a normal-sized lot. They are trying to build the density, build the quality, build a character within the district, and they feel it is much better and much easier to do by plan than it is by zone, Mr, Boardman stated that at this point in time, as far as the property that will be rezoned to an S-2 District, they are looking at all the property from 63rd Ave. up to Mississippi, and would not get involved in any of the other properties at this time. Mr. Boardman stated notices have been sent to all the people within 350 ft, of this area, and they have discussed it with the property owners in the area. ADJOURNMENT: MOTION BY MR. XONDRICK� SECONDED BY MR. SABR� TO ADJOURN THE MEETSNG. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUZST DECLARED THE MARCH 24� I982� PLANNING COMMTSSION MEETING AA70URNED RT 9:30 P.M. Respectfully subm'tted, Lyn Saba Recording Secretary