Loading...
PL 03/24/1982 - 30572� 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� TO APPROVE THE MARCA 10� 1982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL 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: l��approval of a Speci a se ermi t, P`�i -, er ecti on �: T5 ,,, 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 8181 Riverview Terrace N.E. MOTION BY A?R. SABA� 5ECONDED BY MR. KONDRICK� TD OPEN THE PUBLIC HEARING ON SP �/82-OZ BY JOSEPX PEROZZI. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING OPEN AT 7:38 P.M. Mr. Boardman stated Mr. Perozzi had applied for a specia] use permit in 1979, It was heard by both the Planning Commission and City Council, and the City Council approved that specia7 use permit in ]979. 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 Corronission again recomnended approval on the lot size, but this time there is a different building design that does not require the side yard setback. Otherwise, a71 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 problems with the approval of this special use permit. Ms. van Dan asked if the bui]ding 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 ]ives 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 ho7d 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. Fle 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 ramblers. Mr. Donald 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. Ne stated they have gotten a petition signed by people in the neighborhood. He submitted this petition to the Planning Correnission, along with pictures of his lot and Mr. Perozzi's lot. MOTION BY MR. 5ABA� SECONDED BY MS. GABEL, TO RECENE THE PETITION AGAINST THE BUILDING OF A DWELLING ON LOTS 28 AND 29� BTACK R� RIVERVIEW HEIGNTS. �. ,� PLANNING COMMISSION MEETING, MARCH 24� ]982 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 type of.building would not be allowed next to $100-200,000 homes." UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OpUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 At�orney, 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 unnecessaraly 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 af 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. She 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 wou7d 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-1 zoning, the City allows a maximum height of 30 feet. Mr. Klingbeil stated that if this bui7ding is built, the City Inspector should be sure he checks those grades. �, PLANNING COMMISSION MEETING, MARCH 24, 1982 PAGE 4 l-, MOTION BY MS. GABEL� SECONDED BY MS. VAN DAN� TO CLOSE THE PUBLIC HEARING ON SP #82-01 BY JOSEPH PEROZZI. UPON A VOICE VOTE� ALL VOTING AYE� YICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING CLOSED AT 8:17 P.M. MOTION BY MR. KONDRICK�SECONDED BY MS. VAN DA1V� TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR SPECIAL USE PERA?IT, SP #82-01� BY JOSEPH PEROZZI� FOR THE REAPPROVAL OF A SPECIAL USE PERMIT� SP #79-04� PER SECTION 205.157� 5� D� TO ALLDi� THE CONSTRUCTION OF A DWELLING IN THE FLOOD PLAIN (CPR-2 ZONING) ON LOTS 28 AND 29� BLOCK R� RIVERVIEW HEIGHTS� THE SAME BEING 8181 RIVERVIEW TERRACE N.E.� WITH THE STIPULATION THAT THE CITY BE SATISFIED THAT THE DRAIAIAGE PLAN� AS DESCRIBED AND DISCUSSED� WOULD BE MAINTAINED IN CONSTRUCTION. 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 O�UIST DECLARED THE MOTION CARRIED UNANIMOU5LY. Mr. Oquist stated SP #82-01 would go to City Council for action on April 5. 2. RECEIVE MARCH 3, 1982, ENERGY COMMISSION MINUTES: M.OTION BY MR. SABA� SECONDED BY MR. KONDRICK� TO RECEIVE THE 1�IARCH 3� 1982� ENE.RGY COMMISSIDN MINUTES. �� Mr. Saba stated there has been a major revision made to the Housing Maintenance Code for renta� property. At the last Energy Commission meeting on March 23, the Commission commended Staff for putting things together. Basically 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 lA-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 VO'!'ING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba stated the Commission had also made a motion to support the Environmental Quality Corrunission's efforts in recycling and recommended that the energy conserva- tion aspect of recycling be emphasiaed as well as the cleaning up of the environment. If the Environmental Quality Commission 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� SECONDED BY MR. KONDRICK, TO RECEIVE TXE 1N.�1RCX 4� 1982� j'� HUMAN RESOURCES COMMISSION MINUTES. '� PLANNING COMMISSION MEETING, MARCH 24, ]982 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 Nationa7 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 Coirrnission. 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 �UIST 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. RECEIVE MARCH 9, 1982, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY MR. SABA� TO RECENE THE MARC$ 9� 1982� COMMUNITY DEVELOPMENT COMMI5SION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DEC7IARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE MARCH 16, 1982� APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY 1�2. KONDRICK� TO RECEIVE THE MARCH 16� 1982� APPEALS COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MaTION CARRIED UNANIl�?OUSLY. 6. DISCUSSIOfd 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 building with a plaza court outside City Ha71 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 specia7 district. �� A special district is similar to a PUD (Planned Unit Development)-type of zone PLANNING COMMISSION �EETING, 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 appea7s 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 l�2. KONDRICK� SECONDED BY MR. SABA� TO ADJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTI111G AYE, VICE-CHAIRPERSOIV O�jUIST DECLARED THE MARCH 24� 1982� PLANNING COMMISSION MEETING ADJOURNED AT 9:30 P.M. r�; Respectfully subm'tted, Lyn Saba Recording Secretary