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PL 06/08/1983 - 30595�"� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 8, 1983 CALL TO ORDER: V�ce-Chairperson Oquist called the June 8, 1983, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel, Mr. Kondrick, Mr. Svanda, Mr.. Goodspeed Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner Richard & Sonia Peterson, 247 - 57th Place Lawrence & Joyce Zimmerman, 5380 4th St. N.E. Laura Ilagovich, 5400 4th St. N.E. APPROVAL OF MAY 18, 1983, PLANNING COPA�IISSION MINUTES: /� MOTION BY 1�t. KONDRICK� SECONDED BY MR. SABA, TO APPROVE THE JUNE 8� I983� PLANNING COMMISSIDN MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. VACATION RE UEST: SAV #83-01 PETITION ,NO. 4-83: Vacate the Easterly T3�. eet o 54t�i v� etb ween B 1 oc cT s l� and 13, Hami l ton' s Add i ti on to Mechanicsville, 6y tF►e owners of 5380 and 5400 4th 3treet N.E. Mr.�Boardman stated this was the area where Dr. J. C. Schurstein had proposed to put an office building back in Dec. 1980. There is a service road that comes in and cul-de-sacs right along University Ave. There is an unpaved alley at this location that is used to service the backs of the properties along 4th St. It also services apartments and some businesses. Mr. Boardman stated the vacation request is for a portion of 54th Ave. between Blocks 12 and 13. The vacation request is being made by the two property awners on either side. Mr. Boardman stated the alley is being used and at some point in time, the City is going to have to pave that alley as long as it is being used. If the alley is paved, they would have to make sure there was access on both ends. At this point in time, the City has been opposed to a vacation of that portion of 54th Ave., primariiy because there is no way out of the alley, and the ]ogica7 � way for circu7ation within that area would be to come up to 54th Ave. An alter- native would be to come down and connect into the cu7-de-sac, but that may not be an appropriate way to go. !�'� PLANNING COMMISSION MEETING� JUNE�8, 1983 PAGE 2 Mr. Boardman stated that when Dr. Schurstein proposed the development of an � office building in this location, as a condition of the permit, the City Council required that Dr. Schurstein pay for the improvement of the alley. Because of that, Dr. Schurstein did not bui7d, and the a71ey is still unimproved. Mr. Boardman stated that in their consideration of this vacation request, the Planning Commission should consider what is going to be done with that alley and at what point they want access. The Engineering Dept, has said the best possible way for access is back up to 4th St. That would be in direct conflict with this vacation request. Ms. Laura Vagovich, 5400 4th St. N.E., stated she has lived in Fridley for 34 yrs. Her house was moved twice, once for Highway 100 and again for I-694. She has maintained this portion of the street for 34 years. She stated she would like to have the protection of not having people going through there. People drive through there and dump things in the bushes and trees, and she has even had things stolen out of her garden. She stated she had assumed for years that this road was already vacated and had maintained it because she thought it was vacated. Mr. Lawrence Zirr�nerman, 5380 4th St. N.E., stated it was his intention to put up a retaining wall and use the 30 ft. gained from the vacation to build a road to a garage he would build on his property. n Mr. Boardman stated that even if they vacated the street right-of-way, they would want to retain the southern half of the street for storm sewer. Mr. Zimmerman stated the most logica] way and the cheapest way for the a71ey access was to go out on the cul-de-sac. Mr. Oquist asked if it would be feasible to put a turn-around area by using the portion of 54th Ave, that is not vacated plus the portion of the street they want vacated. Mr. Boardman stated that if they are going to retain 30 ft. for easement, why not retain another 30 ft. so if the al]ey is ever improved, they can get access. He stated if the property owners wanted to fence this portion of the street, they could do so right now. The problem is that if at any point in time a road would be required to go in there, that fence would be removed at no cost to the City. Mr. Zimnerman stated the main reason for the vacation request is so he can build a garage with access off 4th St. He did not intend to use the a]ley, because it is 2-3 feet below his property. He is going to have to put up a retaining wall at the back of his property. Mr. Boardman stated it was his understanding that if the property owner put a fence or a driveway owe� the easement, if the City has to dig up that easement, the City is n�t r�s��nsible for putting back b7acktop or fencing. It would be the property �wner's responsibility to put back whatever was torn up. �,. ,'"� PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 3 Mr. Boardman agreed with the fact that there is never going to be a street connection in there that would utilize the whole 60 ft. He had no problem with vacating the street right-of-way, but they should retain the storm sewer and a cess easement. In that sense, the property is no longer owned by the City of F�idley but by the property owners; but the City would sti71 retain an easement so if they need to go through with a road or access for the alley, they can use that easement. Mr. Oquist stated another alternative would be to access by the highway property if the Highway Dept. turns that property over to the City. :Ms. Vagovich stated that, as Mr. Zimnerman had stated, the main purpose for the vacation is so Mr. Zirronerman can build a garage and access onto 4th St. They will jointly maintain the property. Mr. Boardman stated that if Mr. Zimmerman puts in his garage and accesses onto 4th St. over the 30 ft. easement, if the alley is improved and comes up to the street grade, it in effect replaces his driveway and he would still have access onto the alley. MOTION BY MR. KONDRICK, SECONDED BY 1►Qi. SVANDA, TO RECOMINEND TO THE CITY COUNCIL APPROVAL OF VACATION REQUEST� SAV �I83-01� PETITION ND. 4-83� TO VACATE 54TX AVENUE �1 ALL THE WAY TO TNE HI6HWAY PROPERTY AND TXAT THE CITY OF FRIDLEY RETAIN ACCESS EASEMENT OVER TNE TOP OF T1YE EXISTING 30 FT. UTILITY EASEMENT. UPON A VOICE VOTE� ALL VOTING AYE, VICE-Ci1AIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated the public hearing at City Council on this vacation request would be on July 11, 1983. 2. LOT SPLIT REQUEST, L.S. #83-02, BY RICHARD & SONIA PETERSON: Split off Lot 12 and t e Westerly 30 feet of Lot 13, Block 1, City View, to make a new building site, the same being 241 - 57th Place N.E. Mr. Boardman stated�the petitioners own Lots 12, 13, 14, and 15. These are 40 ft. lots totalling 160 ft. of lot area. They are requesting to sp7it off Lot 12 and the westerly 30 ft. of Lot 13 so that Lots 12 and 13 will become a 70 ft. lot. The depth of the lot is 140 ft. It does meet the 9,000 sq. ft. lot requirement and meets all other requirements as far as lot splits. A lot split does require a park fee of $500. The park fee is payable at the time of approval of the lot split request; however, the City Counci7 may defer collection to the time the building permit is requested for individual ]ots created by such a lot split. This would depend on whether the petitioner requested the City Council to delay payment of the park fee. The petitioners were in the audience. � --� � � PLANNING COMMISSION MEETING JUNE 8, 1983 PAGE 4 MOTION BY MR. 1CONDRICIC, SECONDED BY l�2. GOOASPEED� TO RECOMMEND TO CITY COUNCZL APPROVAL OF LOT SPLIT REpUEST� L.S. �183-02, BY RICXARD AND SONSA PETERSON� TO .'�.rT OFF rAT 12� AND TXE WESTERLY 30 FEET OF LO'1' 13� BLOCK 1� CITY VIEW� TO MAICE A NEW BUILDING SITE� THE SAME BEING 241 57TH PLACE N.E. � UPON A VOICE VOTE, ALL YOTING AYE, YICE-CXAIRPERSON OQUIST DECLARED THE INOTION CARRIED UNANIAlOUSLY. Mr. Boardman stated this request would go to City Council on June 20. 3. CONTINUED; _ REVIEW OF A P NCE ADOPTING A NEW CHAPTf R 101 E- �IOTIOIV B1' 1�2. SABA, SECONDED BY !�t . KONDRICK, TO CONTINUE DISCUSSION ON THE ANIMAL ORDINANCE UNTIL THE NEXT MEETING. The Commission members requested that Jim Phillips, Legal Intern, be at the next Planning Corr�nission meeting when this is discussed to answer any questions the Camrnissaoners might have. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CXAIRPERSON OQUIST DECLARED THE MOTION CARRlED UN1l,NI1NOUSLY. 4. RECEIVE MAY 10, 1983 COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECONDED BY 1�. SVANDA� TO RECENE TXE MAY 10� 1983� COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE MAY 12 1983 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTIDN BY �. SABA� SECOFlDED 9Y MS. GABEL, TO RECEIVE Tf1E MAY 12� 1983� COMMUNITY DEt7ELOPMENT COMMISSIOAI 1`1131VUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPEASDli� pQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated that at the last meeting, the Commiss�on had asked that Mr. Boardman explain the HRA's financia7 process and the General Reserve System. Mr. Boardman stated the General Reserve System is a complicated program to explain, but it is really quite a simple tool. He stated he would put together for the Planning Commission members a surrmary exp7aining the system. '� PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 5 6. RECEIV_E MAY 16, 1983, PARKS & RECREATION CONMISSION MINUTES: MOTION BY MR. KONDRIQC, SECONDED BY 1�Il2. GOODSPEED� TO RECEIVE Z7YE MAY 16� 1983, P.�RKS 6 RECREATION COXMISSION MINUTES. t UPON A VOICE VOTE� ALL VOTING AYE� VICE-QYAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE MAY 17, 1983, ENVIRONMENTAL QUALITY COMMISSION MINUTES: 1rIOTION BY MR. SVANDA, SECONDED BY MR. SABA, TO RECEIVE THE MAY Z7� I983� ENVIRONMENTAL pUALITY COMlNISSION MINUTES. Mr. Svanda stated the meeting with the refuse haulers has been scheduled for Wed., June ]5. He invited the Planning Comnission members to attend this meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIINOUSLY. 8. RECEIVE MAY 24, 1983, APPEALS CONnNISSION MINUTES: 1NOTION BY MS. GABEL� SECONDED BY MR. KONDRIQC� TO RECENE THE MAY 24� 1983� r�� APPEALS COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE MAY 25, 1983, ENERGY COMMISSION MINUTES: MOTION BY MR. SABA� SECONDED BY MR. KONDRICK� TO RECENE THE MAY 25�.1983� ENERGY COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OpUIST DECLARED TBE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY 1NR. SABA� SECONDED BY lNS. GABEL� TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE JUNE 8, 1983� PLANNING COMMISSION MEETING ADJOURNED AT 9:30 P.M. Respe tfully subm'tted, ynn Sa a Recording Secretary �