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PL 09/11/1985 - 6856CITY OF FRIDLEY PLANNING COMMI�LffSSION MEETING, AUGIJST 21, 1985 CALL TO ORDER: Chairwoman Schnabel called the August 21, 1985> Planning Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: :Ns. Schnabel, Mr. Oquist, Mr. Wellan, Atr. Sielaff, Ms. Gabel, Mr. Min[on Members Absent: Ms. Schreiner Others Present: Jim Robinson, Planning Coordinator Gerald Iwen, 5605 Humboldt Avenue Kent Roessler, 10666 University Avenue Richard Heaqik, 12323 Gladiola North APPROVAL OF AUGUST 7. 1985, PIANNING COMPiIISSION rIINUTES: Ms. Schnabel requested the following corrections be made: Page 3, paragraph 2, change the word "formally" to "formerly" Page 6, paragraph 3, change the word "leave" to "live" MOTION BY MR, WELIAN, SECONDED BY Mlt. MINTON, TO APPROVE THE AUGUST 7, 1985 PLANNING COI�Aff SSION MINUTES WITH THE ABOVE CORRECTIONS, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECSARED THE MOTION CARRIED UNANIMOUSLY, 1. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST, ZOA .',f85-02, BY KENT ROESSLER: Rezone from R-1 (one family dwelling) to R-2 (two family dwelling) to allow the construction of a duplex located on Lots LA, 1B, 2 and 3, Block 1, Iwen Terrace, the same being 55g6, 5570, 5560 Fillmore Street N. E., all located in the South half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. MOTION BY MR, OQUIST, SECONDED BY NS. C�.BEL, TO OPEN TNE PUBLIC HEARING ON ZpA �k85-02 BY KENT ROESSLER, _ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:33 P. M. t�h. Robinson stated this property to be rezoned is located west of Fillmore Stree[ and south of Lynde Drive and includes three large Lots. He stated adjacent lend is primarily zoned R-1, but there is a mixed band of R-3 and aommercial uses along the highway frontage road. Pi1+NNING COMPtISSION MEETING AUGt1ST 21 1985 PAGE 2 Mr. Robinson stated the rezoning is proposed in order to construct three double bungalows with zero 1ot lines. He stated all lots are over 26,000 square feet and the code requires only 10,000 aquare feet for R-2 lots. Mr. Robinson presented drawings of the proposed structures to be con- atructed on these lots. He stated the estimated market value of each individual unit is $75,000 to $80,000. Mr. Robinson stated there is a Large easement on the back portion of these lots and easements along the north and south of each of the property lines so there are sufficient drainage and utility easements, as we11 as a ponding area. Ne stated the west side of the plat is owned by the City, Mr. Robinson stated there is a covenan[ on the prooerty and one of the key points was that this property should remain R-1 detached single family dwellingg. He stated this covenant can be changed by the yetitioner and the City and wauld have to be recorded at the County. hh. Robinson stated, if the rezoning request is approved, the covenant should be amended regarding the building restrictions for single family detached dwellings. He further s[a[ed the structures should be built as indicated in the site plan and elevations submitted with the rezoning anplication and to be constructed with brick and wood aiding. Ms. Schnabel asked if the City had received any response from suT�round- ing residen[s regarding this pr000sed rezoning. t�fr�. Robinson stated the City has not received any comments. Mr. Iwec�, owner uf one of the lots, stated he contacted residents on the south side of Lynde Drive and received positive response from seven persons. He stated one resident was not at home and another was undecided. Ms. Schnabel asked Mr. Roessler if he was in agreement with the stipu- lations, and if the exterio:s of brick with wood siding was 8cceptable. Mr. Roessler stated he would face the buildings with ma[erial accept- able to the City, but this may vary slightly from what is shown on the plans. He stated because they are a custom home builder, it sometimes depends on what the customer wan[s as these units will be individually owned as a singLe family dwelling. I�. Robinson stated the City's goal is to have the structures somewhat uniform to tie them together so you don`t have three radically different styles of homes and also have them be as low maintenance as possible. Ms. Schnabel asked if they presently have buyers for these units. Mr. Roessler stated, basically, they sre just beginning, but didn't feel they would have a problem finding buyers. PIANNING COMPfISSION MEETING AUGUST 21 1985 PAGE 3 Ms. Schnabel 8sked if they would start construction prior to s81es. Mr. Roessler stated they may begin construction on one of the units. Ms. Schnabel questioned the value of the units. Mr. Roessler stated the cost would be from $65,000 to $85,000 per unit depending on the amount of features [he buyer would like in tlie unit. Ms. Schnabel asked if a covenant would be incl�ded with the purchase agreemen[ which would indicate the responsibilities of the owners in terms of maintenance of the structures, as we11 8s the yerd and Iand- scaping. t�. Roessler stated [here would be e rider attached to the purchase agreement stating the uniformity of the structure itself and if there was to be any drastic color change, it has to be signed by both owners of the property. Ms. Schnabel asked if 'he units would have a common driveway, hk. Roessler stated they would probably be separated by crushed rock or shrubbeiy. Mr, Robinson stated there should be a protective covenant on the exteriors of the structures and the City's main goal is low mainten- ance with possibly aluminum or cedar eiding so it doesn't have to be painted. I-h. Roessler stated aluminum or cedar siding gets extremely expensive so it prices them out of the market. He stated he didn't have a prob- lem with the brick, but did with the aluminum. t�h. Min[on asked how the restrictive covenant on the property cwld be changed. Pfr. Robinson stated the petitioner would draft an amendment to be approved by the City and then recorded at the County. He stated there is a provision in the covenant itself for changes and, in this case, involves only the owner and the City. hh, Wellan asked about drain tiles for these atructures. Nh. Roessler stated these would be installed as they are a standard feature. Ms, Schnabel asked if Mr. Gearman was involved with this development since he has signed the rezoning request. I�, Iwen stated Mr. Gearman owns two lots and he owns one. Mr. Roessler is purchasing these lots from them and has signed a purchase agreement. Ms. Schnabel questioned Ph. Gearuan's role in terms of changing the covenant. t�h. Iwen stated he works with Mr. Gearman and there is no - problem with it, Ms, Schnabel stated the Commission tends to feel a little uncomfortable when someone other than the owner makea these requests. She stated, in terms of changing [he covenant, she wanted to be sure they would be protected legally. PIANNING COMMISSION MEETING, AUGUST 21. 1985 pAGE 4 I�. Iwen s[ated the City owns three lots and he owns one of the lots so over 50% of the property owners are vresent this evening. He s[ated when [hey platted the Land, the covenant was put in a[ that [ime just [o pro[ect themselves. Mr. Wellan questioned the elevations if they were [o have full basements and if it would be necessary to fill the lots. Ph. Roessler sta[ed the basements will be down only 36 inches. No other persons spoke regarding this proposed rezoning request. MOTION BY MR, OQUIST, SECONDED BY M2, MINTON, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:02 P. M. M(YfION BY MR, OQUIST, SECONDED BY MR. SIELAFF, TO RECOMMEND TO CIT'Y COUNCIL APPROVAL OF REZONING REQUEST, ZOA �685-02, BY KENf ROESSLER, TO REZONE FROM R-1 (ONE FAMILY DWELLING) TO R-2 (TWO FAMILY DWELLING) TO ALLOW THE CONSIRUCTION OF A DUPLEX LOCt1TED ON LOTS lA, 1B, 2 AND 3, BLOCK 1, IWEN TERRACE, THE SAME BEING 5586, 5570, 5560 FILLMORE STREET, N, E„ ALL LOCATED IN THE SOUTH HALF OF SECTION 24, T-30, R-24, CITY OF FRIDLEY, COUNTI' OF ANOKA, MINNESOTA, WITH THE FOLLOWING STIPULATIONS: (1) AMEND- MENT OF COVEHANT OF BUILDING RESTRICTIONS TO BE DRAFI'ED BY PETITIONER, APPROVED BY THE CITY AND RECORDED AT ANOKA COUNTY PRIOR TO ANY BUILDING PERMIT: (2) ALL COVENANf RESTRICTIONS, EXCEPT SINGLE FAMILY DETACHED CIAUSE, TO BE ADHERED T0; AND (3) STRUCTURES TO BE SUILT AS INDICATED IN SITE PLAN AND ELEVATIONS SUBffiTTED WITH THIS APPLICATION, TO INCLUDE BRICK WITA WOOD/MASONITE SIDING. UPON A VOICE VOTE, ALL VOTING AYE, QiAIRWOMAN SCHNABEL DECIARED THE M(YfION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to the City Council on October 7, 1985. 2. CONSIDERATION OF A LOT SPLIT REQUEST, L. S. �k85-07�BY KENT ROESSLER: Combine Lots lA tnd 1B, Block 1, Iwen Terrace and split in half to allow a duplex to be sold individually, and also Lot 2 to be split in half and Lot 3 to be split in half to a11ow duplexes to be sold individually, the same being 5586, 5570, SS60 Fillmore Street N. E. Ms. Schnabel stated this request for a lot split does not need a formal hearing, but there will be an informal discussion. - Mr. Robinson stated this request for a lot split is i❑ conjunction with the rezoning request which the Commission has just recommended be eo�roved. He stated the purpose of the split is to create six lots with zero lot lines for the construction of double bungalows. • Mr. Robinson stated there presently are three buildabLe lots and, with the lot split, it would create six buildable lots so three park fees would have to be paid. . PLANNING COt�AfISSION MEETING AUGIJST 21 1985 PAGE 5 Ph. Robinson stated a protective covenant would have [o be executed to protec[ the subsequent owners of the property and approved by the City and then recorded at the County. He stated it would also be necessary for the subdivision to be recorded at the County prior to issuance of any building permit and the Lot split should be contingent on approval by the Council of the rezoning. Ptr. Roessler questioned the [hree park fees to be paid with the firs[ three building permits. He stated he would be taking ou[ only three permits, one for each two unit building. t�fr. Robinson s[ated, with each building permit, two buildable Lots are created where there is presently only one buildable lot. He stated, therefore, a park fee vould be collected on the three new huildable lots. Mr. Roessler stated he could not quite understand this reasoniog. It was explained to him that it was a policy adopted by the Council, and how these fees ere assessed. M(7TION BY MEt. MINTON, SECONDED BY MR, OQUIST, TO RECOMMEND TO CITY COUNIL APPROVAL OF LOT SPLIT REQUEST, L. S, i�85-07, BY KENT ROESSLER, TO COMBINE LOTS lA AND 1B, BLOCK 1, IfJEN TERRACE AND SPLIT IN HALF TO ALLOW A DUPLEX TO SE SOLD IND N IDUALLY, AND ALSO LOT 2, TO BE SPLIT IN HALF AND LOT 3 TO SE SPLIT IN HALF TO ALLOW DUPLEXES TO BE SOLD INDIVIDUALLY, THE SAME BEING 5586, 5570, 5560 FILLM:iRE STREET N. E„ WITH THE FOLLOWING STIPU- IATIONS: (L) THItEE PARK FEES TO BE PAID WITH FIRST THREE BUILDING PER- MITS; (2) PROTECTIVE COVENANT A(,REEMENT BETWEEN SUBSEQUENT OWNERS TO BE APPROVED BY THE CITY AND RECORDED AT ANOKA COUt7TY; (3) SUBD NISION TO BE RECORDED AT ANOKA COUNTY PRIOR TO ANY BUILDING PERMIT; AND (4) LOT SPLIT IS CONTINGENT UPON COUNCIL'S APPROVPL OF THE REZONING REQUEST, UPON A VOIC:t VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECTI+RED THE MOTION CARRIED UNANIMOUSLY, 3. STATUS OF SATELLITE DISH ORDINANCE: Mr. Robinson stated the Council had tabled this item in order to receive more input from businesses in the City. Mr. Robinson sta[ed some comments from SPACE (The Society for Private and Commerical Earth Stations) have been received in a letter addressed to Mayor Nee dated Tuly 2, 1985. He stated they disagree with prohibiting roof mounts, overly restrictive screening, and ins[allation in rear yards only. Mr. Oquist stated he felt they would disagree, however, this ordinance should reflect how Fridley wishes to control satellite dishes. He felt it shouldn't be changed because vendors didn't like it. " Mr. Oquist stated when [he Commission wrote the ordinance they wanted no roof mounts, screening, and installa[ion in rear yards only. Ms. Schnabel stated in reference to SPACE's comment regarding restrictions of dish antennas to insure the financial success of cable oDerations, she felt there should be a disclaimer included that the City in no way adopts this ordinance to insure the success of the existing cable ooerations. PLANNING CO1�AfISSION MEETING AUQIST 21 1985 pA(�', 6 Ms. Schnabel s[ated it never was the Commission's intent when they considered this ordinance to protect'the cable system. Mr. Oquist s[ated this issue was not addressed at all at the Coimnisssion meetings. Ms. Schnabel questioned the Satellite Earth Station Zoning Book referred to in SPACE's letter. Mr. Robinson stated this really addressed persons who are purchasing sa[ellite dishes. He s[a[ed some of the model ordin- ances were really broad. Mr. Robinson stated Minneapolis has adopted an ordinance con[rollfng satellite dish antennas and is considering a revision to eliminate any appeals for roof mountings. He stated their ordinance also prohibits any satelLites in front and side yards. Ms. Schnabel stated she is not totally against these s8tellites as they provide a lot of entertainment, but felt their visual impact on the community should be con[rolled. t�fr. Robinson stated the FCC has come out and s[ated City's cannot inhibi[ this growing industry. � There was discussion that there should be no variance or apveal procedure for roof mounted antennas which exceed 30 inches in a residential area. It was felt a variance could be requested for commercial and industrial areas. MOTION BY M2. OQUIST, SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL THE ADOPPION OF THE SATELLITE DISH ANTENNP. ORDINANCE, AS WRITTEN, WITH THE ADDITION OF A DISCLAIMER REGARDING CABLE TELEVISION, IF POSSIBLE, ANp THE TOTAL EXCLUSION OF ROOF MOUNTED DISH ANTENNAS THAT EXCEED 30 INCHES IN R-1, R-2 AND R-3 ZONES WITH NO VARIANCE OR APPEAL PROCEDURE, UPON A VOICL VOTE, ALL VP�TING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEZ�E PARKS AND RECREATION COMMISSION MINUTES OF AUGUST 5, 1985: MOTION BY MR. OQUIST, SECONDED BY hS. GABEL, TO RECEIVE THE AUG[JST 5, 1985, PARKS AND RECREATION COMMISSION MINUTES. Ms. Schnabel s[ated in reference to coimnents on Page 5 by Co�¢nission members regarding the "people ups[airs", she stated it was as much a surorise to che Planning Commission as it was to the Parks and Recreation Commission ' tegarding this public hearing. She stated it was no[ the Planning Com- missian's idea [o hold that public hearing. - UPON A VOICE VOTE TAKEN ON THE ABOVE M�TION, ALL VOTED AYE, AND CHAIR- WOMAN SCHNABEL DECIARED THE MOTION CARRIED UNANII�IISLY. PLANNING COMPSISSION MEETING AUGUST 21 1985 PAGE 7 5 0 7 RECEIVE ENERGY PROJECT COtR�tITTEE MINUTES OF AUGIJST 6, 1985: t�ATION BY Mt, SIELAFF, SECONDED BY MR, WELLAN, TO RECEIVE THE AUGUST 6, 1985, ENERGY PROJECT COMhiIITTEE MINUTES. Mr, Sielaff stated they are moving right along wi[h the House Doctor and N.E.W. programs. t�h. Robinson stated on Page 3 of these minutes, there is reference to most of Fridley's funds going Caaards the downtown redevelopment. He stated this statement is misleading, in that none of the public service funds go toward downtown redevelopment, UPON A VOICE VOTE TAREN ON THE ABOVE MOTION, ALL VOTED AYE, AND CHAIR- WOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. RECEIVE APPEALS COMMISSION MINUTES OF AUGUST 13, 1985: These minutes were not available at this time, Ms. Gabel did state the Appeals Commission had recommended denial of a reques[ for a 200 square foot sign. Ms, Gabe1 asked about the sign plan for the East River Road Business Center. Nh. Robinson stated [his was [he sign plan for the firs[ phase of the development. He stated it met a11 the code requirements and was approved by the City Council. OTHER BUSINESS: a, parks and Recreation Budget: Ms. Schnabel stated [he Commission had discussed park and recreation development and wondered if there was an overall plan for park improve- ment. She stated, in conjunction with this discussion, the Coimnission wondered what kinds of funds are available for such improvements and iequested a copy of the budget, M,. Schnabel stated the Commiscion has received a copy of the budget and felt perhaps it should he reviewed and brought up agai❑ when a representative of the Parks and Recreation Coimnission is present at the next meeting. b. Banfill Tavern; Mr, Minton stated he was pleased with the action by Anoka County regarding the Banfill Tavern. He stated it seems the agreement made with the Arts Association is very good. ADJOURNMENT ; MOTION BY MR, OQUIST, SECONDED BY MR, MLNTON, TO ADJOURN'�E MEETING. UPON A VOICE VOTE, ALL VOTING AYE, QiAIRWOMAN SC}iP7ABEL DECLARED THE AUGUST 21, 1985, PLANNING COT4+lISSION N�ETING ADJOURNED AT 9:10 P. M. Respectfully submitted, -�C f�c-v--��c. �l�r� �s Carole Haddad, Recording Secretary PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of fridley in the City HaTT at 6431 University Avenue Northeast on Wednesday, September I1, 1985, in the CounCil Chamber at 7:30 p.m. for the purpose of: Consideration of a special use permit, SP �85-10, by Herbert Lennox II, per Section 205.07.1, C, 1 of the Fridley City Code, to allow the constr�ction of a second accessory building, a 24' by 30' detached garage on Lot 4, Block 2, Spring Valley, the same being 1461 Rice Creek Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. YIR6INIA SCHNABEL CHAIRWOMAN PLAPJNING COMMISSION Publish: August 26, 1985 September 2, 1985 3 CITY OF FAIDLEY� •��1 llNIVERSiTV AVE. NE. Fii�DtEY. MN. 650,E [B'IZ� 671-i45G 9/ii /85 . SUBJEC7 SPECIAL USE PERMIT PLANNING COMMISSI4N: ADPROVED DISAPPROYED CITY ODUNLIL: STIPULATIONS: +JU . f° Mr�i .,� sP � C5� /U E I , OATE i58�S- oaT� �/1If.�5 0. APPROYED DISAPPROVED DATE NO STREE7 LOCATION Of PROPERTY NNoX LEGAL DESCRIPTION OF,PROPERTY L �7 y PRESENT 20NING CLASSIFICATION S��EX FEE �/ou. "' RECEIPT NO / e`I NG USE OF PROPERTY rx.� r'� 'f" � �f1 r! ACR�AGE� /OF PROPER7./Y— /�-� x3OO OESCRIBE BRIEFLY THE SPECIAL USE APPLIED FOR: '�(% Q- �l k2. 1 D U tl � L CJ f} Z y�f �D NETfK��./ G+� �� Section of the Code: Has the present applicant previously sought to rezone, plat, obtain a 1ot split or variance or special use permit on the subject site or part of it? _�es�no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of prooer- ty within 20n feet wiil be attached to this application. .. �. • � � �. '(b) This application must be signed by all owners of the propel^ty. or an expianation given why this is not the case. (c) Responsibility for any JeTect in the proceedin9s resulting from the failure to . tist the narre s and addresss of all residents and property owenrs of propRrty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and aEtached, showing the fotlowing: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property. proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersi�ned hereby declares that a11 the facts and respresentations stated in this aoulication are true and correct. .� , � � OATE ADDRESS .� � � � TELEPHONE NO 5� SP �85-10 Herb Lennox II Herb Lennox II 1461 Rice Creek Road Frid7ey, MN 55432 Ralph Rundquist 1490 - 64th Avenue Fridley, MN 55432 Marvin Nevala 1476 - 64th Avenue Fridley, MN 55432 Dorothy Hollister 1466 - 64th Avenue Fridley, MN 55432 Walter Eyler 1456 - 64th Avenue Fridley, MN 55432 Herbert Hart 1450 - 64th Avenue Fridley, MN 55432 Bruce Olson 1442 - 64th Avenue Fridley, MN 55432 Beulah Lea 1426 - 64th Avenue Fridley, MN 55432 Marian Paulson 1425 Rice Creek Road Fridley, MN 55432 Gary Braam 1441 Rice Creek Road Fridiey, MN 55432 Hjalmer Anderson 1491 Rice Creek Road Fridley, MN 55432 Paula Scott Neuman 1501 Rice Creek Road Fridley, ItN 55432 Neal Lawson 6291 Kerry Lane Fridley, MN 55432 MAILING LIS7 Helen Woodall 6283 Kerry Lane Fridley, MN 55432 Reuben Olson 1430 Rice Creek Road Fridley, MN 55432 Planning Commission 8/23/85 City Council 10 ' ....��..��.�s^� � v � . • 7 � ,IJ :e it• .l: j� �. 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'o � p " g� . �� a �� .:4THE �CL � wRr wr � ' , I ' J � , E i S � d S d . n ,� s � nA� �` ', � ' H/RD idDD/ � � � � i O' � . — G � i i � e 4��u'21 iz �h\ b'9 e itr�.��..',r w '� - 1 i I U 1' ui. i. � �� {4 � ' � •%r 'r MANDF � -`� —_ _ . �� Nr��R T DRiVE '.a . : I .+i�IS `c � / . . � ?�s'r i � r � � �� f z• � Qi78_— � � 4 .i � D � ' � n GdK$ i P � e � — -- . � t ' ?'l M y, K,.) ts � tj � / " flR1VE � �� ' f' - u / t 8 r, `� .f� f F M� R[ `^ „'at �, �p MILLCQEST 1i' y:i �- �7 V� � �Ni�I�C-' � �/� � r � _ � [r � - . a �1 �/ � �rr YK �_ _._. _ P� 1 i , i. , . , �t sr`e-'' � .. . ... . �. _ . . _ . . , . t'rr,.*—. P^ " f'� � H bert Lennox II Sus-veyos�'s Ces•tr�cate CO:�ISTOCK & llAVlS,1NC. Consulting Gngineers and land Survcyors 144G County Road J, DlpL�., [�limi. 55432, �84-9346 For; City of Fzldley Project 114 Konuaen[ Replacement I __ N�_— I �'� — j' 1 ' � � � '--'--' ; � , ,, 3 � t ,- • O , ', y4 � ; s� - y�. I 4S' ^ _�¢---r i � � � 1 �;. I�S . , �AS��Ea,� _b �fi �1 , , �.- �O � � �y�� ° � R10E CREEK RD. M N DESCRIYi10: ; Lot 4, Elock 2, Spzir.r Vsllcy Addition, Anoka County� M:nneEOta. SC.4LE: �`� _ � �� ` � • DENOTES IRON MONUMENT SET I hr��Uy certify that tl�is sun•ey, plan or repoR wes prepared by me or undcr my direct suprrvision and tl�at 1 am a duly Registered Land Surveyor under tlie law•s of t}ie Sta[c of �finnesota. �--��i!2 1t1��4/76 ___3i�Y0 U� Reg. No. natc .loo No. a PUBLIC HEARING BEF�RE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of tfie City of Fridley in the Lity Hall at 6431 University Avenue Northeast on Wednesday,September 11, 1985 , in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. k85-04, Oak River Estates, by �oug Peterson, being a replat of Lots 40 and 41, Revised Auditor's Subdivison No. 77, Anoka County, Minnesota except that part replatted as Niemann Addition, the same being 7560 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNIP�G COMMISSIOt� Publish: August 26, 1985 September Z, 1985 � �� rl /85 CITY OF FiUOLQY� SUBdECT 20NING ACTION 20A 1' saa+ �wmvaRSirr �ve. �. VACATION SAV f sww�.cr, �wn. es.�e �s�,ss+-a�w PLAT PS N S� - 0 1 — - ORDINANCE NO PUBLISHED - . . :�:. ADDRE55 911TE PLANNIN6 COMIISSION: APPROVED DISAPPROYED DATE N0. CITIr COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ CITY CO UiCIL: . APPROVED DISAPPROYED OATE NO PARK fEE REQUIRED: AhDUNT PAID STIPULATIONS: `O RECEIPT NO � y�s3 STREET LOCATION OF PRO LEGAL DESCRIPTION OF PRESENT ZONING CLASSIfICATION EXISTING USE OF PROPERTY 5,�� /� ,� ACREAGE OF PROPERTY � Avc�s DESCRIBE BRIEFLY THE PROPOSED 20NING CLASSIFI� OR TYPE Of USE AND IMPROVEMENT PROPOSED �' s-�;✓i �E �.A�+r ��, �n_ �� Has the present applicant previously sought to rezone, plat, obtain a 1ot split or variance or special use permit on the subject site or part of it? __yes�rt6� What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 fee± must be attached to this application {rezoning}, 300 Feet, (plat- ting). wjl] be attacAed to'this bpplSEation. '(b) This application must be signed by alt owners of the property, or an explanation �iven ►+hy this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to tist the names and addresss of all residents and property owenrs of prop�rty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the folla+ing: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that att this applica ion are true and correct D14TE � /� SIfNATURE� .1.v. the facts and respresentati �Jaa y 0 %1 Sd.cJ NE NO yay- ��-s� 537— �SS� 15 � � Effective January 17, 1g84 16 1985 POLICY STA2Bl�NT Oi PAR% PS£S 4 LUID 3IIBDIVISIO� Da te _ �� a/�S In determining fair market value of public areas for land subdlvision for cash payment as required by Ordinance /633, �e following values will be used: Residential Subdivision �7,500.00 per lot Residential Lot Split � 750.00 per lot Commercial/Industrial Subdivision or Lot Split � 0.023 per sq. ft. '�is fee is to De paid at the time ot fiaal piat a¢� lot �plit approval. The City Council may defer collection to the Lime a building permit is requested for individual loLs cre�,ted by suc3� subdivision/lot split. 1t�e City retains the option to accept an equivalent amount in cash from the applicant for part or ail of the portion required to De dedicated. fARR gEE AGRE€►�'*?T 9�y.�15C� =`�\L�boo The undersigned understands that according to the City Platting Ordinance, the follaring public park land dedication is required to plat residential, commercial or lndustrial zoned property. It is further understood that the public park land dedication or cash payment equivalent is at the discretion of the City. IL 1s agFeed that a�sh payment of � �Z,� n o vill be paid according to the above stated policy for the foll w ing subdivision/lot split. It is agreed that the folloxing land dedication is provided according to the above stated policy for the follaring subdivision/lot split: Dediration: SubdivisioNLot Split: 1]ie undersigned further ag�ees to notify ail future property arners or assi g�s of tbe oash payment requirement, if it is to be collected at the time of issuance of a building permit. Date: �iy �� 3/5/19/2 P.S. �85-04 Oak River Estates Doug Peterson 7262 Kirkwood Lane Maple Grove, MN 55369 James Pratt 7501 East River Roa6 Fridley, MN 55432 Melvin Rogne 7505 East River Road Fridley, MN 55432 Melvind Rogne 7509 East River Road Fridley, MN 55432 James Schley 7513 East River Road fridley, MN 55432 William Baumgartner 7517 East River Road Fridley, MN 55432 �ames Schmidt 7525 East River Road Fridley, MN 55432 Howard Tappe, Jr. 7601 East River Road Fridley, MN 55432 Vincent Fierke 7619 East River Road Fridley, MN 55432 Arnold Gilbertson 181 Talmadge Way Fridley, MN 55432 Daniel Romanowski 7504 Alden Way Fridley, �N 55432 Resident 41 Osborne Way Fridley, MN 55432 James Scfiwartz 31 Osborne Way Fridley, MN 55432 6regory Coffey 7516 Alden Way MAILING LIST Nasim Qureshi 7514 Alden Way Fridley, MN 55432 James Koonce 7512 Alden Way Fridley, MN 55432 Philip Lind 7501 Alden Way Fridley, MN 55432 C. Goedeking 161 Rickard Road Fridley, MN 55432 Charles Kryzer 147 - 75th Way Fridley, MN 55432 Michael Born 105 - 75th Way Fridley, MN 55432 George �ean 65 - 75th Way Fridley, MN 55432 Richard Creamer 55 - 75th Way Fridley, MN 55432 James Fisher 45 - 75th Way Frid'iey, MN 55432 William Witkowski 100 Rickard Road Fridley, MN 55432 Anthony Hogen 133 - 75th Way Fridley, MN 55432 John Stifle 119 - 75th Way Fridley, MN 55432 Arnold Gilbertson 137 Talmadge Way Fridley, MN 55432 Sharon Johns 123 Talmadge Way �__„_.. ,,.� «�� Planning Commission 8/23/8g� City Council George Lisovskis 115 Talmadge Way Fridley, MN 55432 Dale Severson 105 Talmadge Way Fridley, MN 55432 St. Paul Waterworks 25 W. 4th Steeet St. Paul, MN 55102 Cook Builders, Inc. 8833 Central Avenue Blaine, MN 55434 Nathan Hansen 51 Osborne Way Fridley, MN 55432 Debra Hendrickson 91 - 75th Way fridtey, MN 55432 Rose Price 77 - 75th Way Fridley, MN 55432 Dennis Ottem 140 Rickard Road Fridley, MN 55432 Harold Dahlberg 132 Rickard Road Fridley, MN 55432 Joseph Flaherty 124 Rickard Road Fridley, MN 55432 Ralph Peterson 116 Rickard Road Fridley, MN 55432 Sandra Duebek 108 Rickard Road Fridley, MN 55432 Mathew Baudek 139 Rickard Road Fridley, MN 55432 Joseph Halbock 129 Rickard Road �_ �i_.. uu c[nen : P.S. N85-04 Oak River Estates Page Z David Olson 119 Rickard Road Fridley, MN 55432 Jon Mc6inn 7600 East River Road fridley, MN 55432: Thomas Meuleners 155 Rickard Road Fridley, MN 55432 John McCauley 151 Rickard Road Fridley, MN 55432 Charles Bloom 7515 Alden Way Fridley, MN 55432 Arthur Silseth 7521 Alden Way Fridley, MN 55432 Carrie Sjodin 7541 Alden Way Fridley, MN 55432 James Hamm 7551 Alden Way Fridley, MN 55432 Lawrence Addision 150 Rickard Road Fridley, MN 55432 �ry�� a�: '. �•'• � \� 9 1► � c o , . �'+ � •�� r w ��. ..� .�:.. � ... �� + : li.+"i �i Vs "-.,_ ^`•r %*�� ' �tu � 2 0 . `� ,�,.� �. ,� . >��s�� ,, �' � �f{ �i�� •�+ �• ;, � ,' � ' �,. '"° r r: � +4 f �! � �6 `'•# � 1� . 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F v .. � . �� , '�+.A� a�'sc. i6F'..:s�. �' 'i �. > .::. r�t �c ■ PUBLIC HEARING BEFORE THE PLANNING COMMISSION 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, September 11, 1985, in the Council Chamber at 7:30 p.m. for the purpose af: Consideration of a Preliminary Plat, P.S. N85-O5, Midwest Addition, by Leonard W. Vanasse, being a plat of the Southeast quarter, except the North 233 feet, of the Northeast quarter of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between Hickory Street and Main Street, North of 81st Avnenue N.E. All of which, except the North 670.00 feet thereof, to be used as a site for a truck transfer terminal facility. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. UIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Pubish: August 26, 1985 September 2, 1985 23 � -' � I �`� CITY OF FRIDLEY Q431 UNIVERSITY AVE. N.E. FRIDLEY, MN bb4�2 f6 1 215 7 1-94b0 REZONING REGIUEST ZOA f VACATlON REOUEST SAV f 24 PLATTING REQUEST P.S. # q,�-p-�r' R$�UEST F£E�SO'� PAFtK F£E � RDCEIPT #/ 7 y 9 3 �• >� o-� • • i � u i • i � � � 9�IDULID CITY QXINCIL MEETING IIT�TE PROPERTY INFORMATION �zo�t� �mFSS � l �l st �}Jer�� e (�)or�ees-F zF�AL �sQtIFr7DN: S� �t ac.�r� �isc{^� j'��v� },� CeN+S7vcic- � j.�av�s • : • Y' ..�.� . � , 1RACT/ADDITIDN M - 2 x�oESrID za��c REASQ7 fUR R�UFS'P: A site glan shaaing the proposed future use is required for all reioning. l�'�'�� YIZT�Tln4 1�1-OG��f2� :�***t*�t*+,�,r*,��r*t,r+*:***�*�**t*tt**:ttt:a,��+**+***:f*t,rt*�*x,�****+:***+*��****+* OWNER INFORMATION NAr� (please print) ��c�.we�,�' �v.de,-a� E�3QdE # �6fz! 3i'i-' G�� • ��'i. tS. N'1 .S�i�'J��C.I, ��/ . � i��'�. !f`�CiVS7 "Ll �Cl � Ca�,�*.*�. t*.,� :,�*..:�aK K en**r**ti� +xs: .*.*.****: *..:*.*.*.�x.��.*.��.**�,�. 0.r� 5-jbr PETITIONER INFORMATION ru1ME cplease Fxint) Mr-r_ L�in l�ve,`ocMv„%_rKa�E � C6iZ� G'�1• �� 11 _ nnut�s,S o es+ Cov� ad G' �OSevi �)eFµ��nne��a �5�43 srcr�u �� ,.� �.� �a�-� � 1, 19� �:..��.,�*«...t::.�****..,�..*:**.�.*�.*:�.*.:��*.�*��..*�.*..*.�*,.*..«,�.�**�..��.** �nac mr�•usswN : r�rrxwFn ctTSr mur�cII.: r,Px�wr� SfIHJLATIDNS: �� . .• .�, ��. �; Planning Commission 8/23/85 25 City Council MAILING LIST P.S. #85-05 Leonard W. Vanasse Leonard W. Vanasse Mar-Len Development Co. 2500 West County Road C Roseville, MN 55113 Midwest Federal 801 Nicolett Mall Minneapolis, MN 55402 Bryant-Franklyn Corporation P.O. Box 599 San Antonio, TZ 78292 D. Harris & R. Schroer 6279 University Avenue N.E. Fridley, MN 55432 Julian M. Johnson 9009 Washington N.E. 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CITY OF FRIDLEY HUMAN RESOURCES COMMISSION MEETItJG AU6UST 1, 1985 CALL TO ORDER: Chairperson Minton called the August 1, 1985, Human Resources Commission meeting to order at 7:30 p.m, ROLL CALL: Members Present: Bob Minton, Sue Sherek, Steve Billings, Harold Belgum Members Absent: t�one Others Present: Samantha Orduno, City of Fridley APPROVAL OF JULY 11, 1985, HUPIAN RESOURCES COMMISSION MINUTES: MOTION BY MR. BELGUM� SECONDED BY MS. SNEREK� TO APPROVE TXE JULY 11� 1985, XUMAN RESOURCES COMMZSSZON MIIIUTES. The following corrections were made to the minutes: Page 1, second paragraph under "Old Business", 4tfi line, "the College of St. Thomas" should be changed to"the College of St. Francis". Page 4, sixth paragraph, line 5, the word "included" should be changed to "excluded". UPUN A VOICE VOTE� ALL VOTING AYE� CXAIRPERSON MINTON DECLARED TXE MZNUTF.S APPROVED AS AMENDED, APPROVAL OF AGENDA: MOTZON BY MR. BELGUM, SECONDED BY MR. BZLLINGS, TO APPROVE THE AGENDR WITH THE ADDITIQV OF "XUMAN RIGHTS FEES" UNDER NEW BUSINESS. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRPERSON MINTON DECLARED TXE MOTION CARRIED UNANIMOUSLY. 1. OLD BUSINESS: a. Consideration of the Use of Data involving People in the City of fridley: Policy Considerations At the last Commission meeting, Ms. Sherek fiad stated she would be willing to draft some policy guidelines for the Cortmission to review at their August meeting. She handed these out to the Comnission members. _ _ HUt1AN RES_W RCES COMMISSION MEETING, AU6UST lr 1985 PAGE 2 Ms. Sherek stated that in putting togetfier these guidelines, she did not feel it was the Cortmission's role to be real specific. She felt it was the Comnission's role to recortmend, with reasons, the establishment of a policy and then leave it up to city administration to determine how it was going to implement the policy. It was her fee7ing there should be some type of policy review board. Ms. Sherek stated she did not think they needed to be concerned with the Police Dept, at this point. The PoliCe Dept. has a totally internai system that is not accessible to anyone on the outside, other than by request. The Police Department's accumulation of data is so mucf� controlled by the criminal justice system that they really cannot tell the Police Dept. what to keep and what not to keep. Ms. Sherek stated the City, on the other hand, tends to go in the same direction as any other organization with a large system without any storage problems and that is to wholesale accumulate information without any con- sideration to the repercussions of having all this information. The Data Practices Act really says whatever they fiave is open to the public� and it is no less open to the public by virtue of tfie fact that they don't put it on the computer; it is just the combination of things that are already on the computer, already on the unified data base. Ms, Sherek stated the Unified Data Base is a place in the computer to accumulate facts (data). Each fact is an item and each category of fact is called a field or an element. The more different elements that are put into a single data base, tf�e more information and the more comprehensive profiie can be extracted from that data base. In otfier words, everything put in there can be combined and taken out by a report requesting the information be extracted. Ms. Sherek stated one of her recommendations was that if there is informa- tion that is potentially sensitive, not necessarily sensitive by itself, it be put in a separate computer or in a separate data base in the same computer. Mr. Minton stated he thought some of the issues the Commission should be discussing was the policy review board and the functions of the policy review board which would be to require a clear statement of purpose before permitting the addition of data and considering the potential effect of releasing the data by its combination witf� other data. Mr. Belgum stated he would like to see a clear statement of purpose required from the people requesting data. That should be a responsibility of the policy review board also. Ms. Sherek stated another consideration, other than the consideration of the potential effect of releasing the data by its combination with other data, would be tf�e consideration for segregating potentially sensitve data. HUMAN RESOURCES COMMI55ION MEETING, AUGUST 1, 1985 PAGE 3 The Cortmission members put together the following policy consideration in draft form for further discusston at the next meeting: "The Human Resources Commissions makes the following recommendation , regarding the mu�icipal unified base, the Dept. of Public Safety base, and any other data bases that may be under the control of the City of Fridley: A, That the City establish an internal policy review board consisting of the department heads or their representatives. B. That the functions of the policy review board include: (1) The development of criteria for additions to, or retention of, data elements in the data bases. The criteria should consider not only the potential effect of new data accumu- lated, but its potential impact when combined with other data elements already in the data base. (2) That a c)ear statement of purpose be required for those who request to add data elements to the bases, and for those who are requesting information from the data bases. (3) 7hat consideration be given to vesting the responsibility of addressing requests for information fn a central location within the city. (4) That potentially sensitive data be segregated in siqgle purpose data bases, on micro-computers, or in other paper records." b. Consideration of Matters Relating to the Ethnic Background of Fridley Residents - Review of July 11, 1985, Final Report, Fridley Ethnic Survey Mr. Belgum stated the survey was simply an example that there are things going on in colleges around the country. He stated the University of Minnesota is focusing on materials that would be of great interest to persons getting interested in ethnic mix in America. Mr. Belgum stated he would like to read into the minutes the following letter he had written to Mr. Minton with copies to the Comnis.sion members: "In 1986, the Statue of Liberty will be completely refurbished and will be rededicated to celebrate the past and future 100 years of standing as a symbol of liberty, equality, and fraternity. This theme from the French Revolution is closely related to the opening words of our own Declaration of Independence, 'Life, liberty, and the pursuit of happiness'. HUMAN RESOURCES COMMISSION MEETING, AUGUST 1, 1985 PA6E 4 "For the past six years Fridley has celebrated the Fridley Ethnic Days. Persons who put it on are now unable to continue it. Is it possible that the City of Fridley might undertake to sponsor this iradition, particularly next year wfien the Statue of Liberty will become t�e symbol of the multi-ethnic mix in our comnunity which is typical of American socity2" Mr. Belgum explained that persons representing Community Schools were the ones who got Fridley Ethnic Days started, and the Fridley Parks & Recreation Dept. of the City co-sponsored the event. The people from Community Schools are no longer involved. The question now is: Was the Fridley Ethnic Days going to disappear or was there any point in finding ways to continue it? 5ince Fridley has gotten the reputation for helping conduct the•.Ethnic Days, would there be any point in the City trying to keep it alive? Ms, Sherek stated that unless the parks & Recreation Dept. was still interested, she was not sure where tfiis would fit in the City of Fridley. Mr. Billings stated he also did not know where this would fit into the city structure. Mr. Minton stated it was hi.s feeling that the Fridley Ethnic Days was not an appropriate function for the City to be involved in. It should be a volunteer effort, not a government effort. It should be done because of interest in it, and it should be self-supporting, There are organizations that can help do things like it, such as the International Institute. Mr, Belgum stated he disagreed that the City could not do anything like it. He could then argue that the City should not be involved in the distri- bution of funds to social service agencies, and the Commission has been involved in making recommendations to the City for tfiat very tfiing. It was very hard to separate out the public from the private. If this function would benefit even one-fourth of the citizens of Fridley, it would be appropriate for the City to help initiate it. Mr. Belgum stated he was interested in this idea because of the rededication of the Statue of Liberty next year that is going to generate an enormous amount of activity. The City of Fridley would do well to recognize the impartance and meaning of the Statue of Liberty for its own population. Ms. Sherek stated she sti11 did not see tfie City having a role in this either. The purely voiuntary nature of the wfiole ref�abilitation and every- thing else cor,nected with the Statue of Liberty seemed to indicate to her that any related festivity should be carried out by a voluntary-type organization. Mr. Minton stated he would be less reluctant for the City to be involved in a one-time event. He could see the City doing something tfiat would not involve a lot of staff resources and money, but to encourage some appreci- ation of the diversity of our culture, to do wfiatever they can to encourage some volunteer activities within the City. HUMAN RESOURCES COMMISSION MEETING, AUGUST 1, 1985 PAGE 5 Mr. Billings stated he agreed with Mr. Minton, that the City's function would be to support importance and meaning of the Statue of Liberty. He agreed with Mr. Belgum from the standpoint tfiat it would be wonderful if the City of fridley were to take the initiative and do something. Unfortunately, he did not think they can take staff time to do a huge � project. He did not have any idea what kind of project monies they were even talking about. He was not even sure it was something the City should be providing; and if, in fact, the City sfiould be providing this forum, he did not know what department it should be coming out of. Mr. Minton stated he would like to see the Commission encourage some organization to coordinate with the International Institute or any other larger body to plan sanething to celebrate this event next ,year. He did think it was going to be a very big event. Mr. Belgum stated he would be willing to contact the International Institute to see what their plans are for next year, He would reoort back to the Cortmission at the next meeting. Mr. Minton asked Mr. Belgum to find out if the International Institute has anything that would be appropriate for organizations in individual cities to do, He felt they needed some concrete ideas on what organiza- tions can do and not the City. c. Consideration of Human Service '�eeds in Fridley (review of Countv report) 14s. Orduno stated the Commission members had received copies of the Anoka County Community Social Services Plan 1985-86. She stated at the last meeting Mr. Hunt had told the Comnission he was going to contact someone from Anoka County Comnunity Health & Social Services Dept. The person Mr. Hunt contacted did not feel he was the one who should speak to the Commission regarding Fridley's needs� but referred her to SheTdon Okon, the Director of the Corr�nunity Hea7th & Social Services Dept. Mr. Okon was unsure as to what the Comrnission wanted but would be willing to speak to the Cormission at their Oct. meeting. Mr. Minton stated he was not sure they wanted the head of the department. He felt a planner might have more information. Again, he did not want information on the various programs but on the needs. Ms. Sherek stated the kind of information she was looking for was what kind of patterns are occurring in Anoka County that are going to affect Fridley in the future with respect to increasing needs for youth services, that kind of thing? Is the population of Fridley aging? Is it becoming poorer? Is it becoming more predominately split? Etc. Mr, Beigum stated he would be interested in information regarding employ- ment and unemployment. Ms, Orduno stated she would convey this back to Mr. Okon, and perhaps he would know of someone who could give the Commission more specific info rrnation, HUNAN RESOURCES COMMI55ION MEETING, AUGUST 1, 1985 PAGE 6 d. Consideration of No-Fault Grievance Committee Mr. Minton stated he has not received any more referrals since the last meeting. He stated he would report on the two referrals he had mentioned at the last meeting. One of the cases he gave to Brian Goodspeed, and • he had taken the other case. The complaint was from a person who said he was not hired because of a hearing problem. Tfiis person filed with the State and then immediately afterwards, he was hired by the company. They do not know if it was because he started to file or because the company changed its mind. Anyway, this case fias been dropped. 2. NEW BUSINESS: a. Consideration of Recommendation for Appointment to the Anoka County Transportation Advisory Comnittee Ms. Orduno stated she has talked to Diane Harberts, Program Director for the Community Health & Social 5ervices Dept., and Ms. Harberts stated there was now a vacancy on this committee that was from Commissioner Paul McCarron's section which includes Fridiey, They want the Human Resources Commission to recomnend several names for consideration for this committee. Commissioner McCarron will then cfioose a representative from these names. Ms. Sherek stated it might be worthwhile to contact Tony Lorbeski at the fridley 5enior Center to see if anyone would be interested in serving on this committee. Mr. Belgum gave Ms. Orduno two names of people he thought might be interested, b. Human Rights Fees Mr. Minton stated that each year the Commission gets a notice from the League of Human Rights Commissions asking for membership dues. He stated the dues for this year were �97.50. This has been paid by the City in t6e past. MOTION BY MR. BELGUM� SECONDED BY MR. BILLINGS� THAT TNE MEMBERSFI7P DUES WZTX TNE LEAGUE OF XUMAN RIGNTS COMMISSION IN TXE AMOUNT OF $97.50 BE APPROVED, UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON MINTON DECLARED THE MOTION CRRRIED UNANIMOUSLY. HUMAN RESOURCES COMMISSION MEETIN6, AUGUST 1 1985 PA6E 7 ADJOURNMENT: NOTION BY MR. BILLINGS� SECONDED BY MR. BELGUM� TO ADJOURN T&E MEETING. UPON A VOICE VOTE, RLL VOTING AYE, CHAIRPERSON MINTON DECLARED THE AUGUST 1� I985� IfUMAN RESOURCES COMMISSION MEETING AAlOURNED AT 9:00 p,M. R�pectfully s mitted, J'1.�?')(� -�'�. '� �rir��a a Recording Secretary CITY OF FRIDLEY APPEALS COMM155ION MEETIWG, AUGUST 13, 1985 CALL TO ORDER: Chairperson Gabel called the August 13, 1985, Appeals Comnission meeting to order at 7:38 p.m. ROLL CALL: Members Present: Members Absent Pat Gabel, Jean Gerou, Donald Betzold Alex Barna, Jim Plemel Others Present: Darrel Clark, City of Fridley Tom Taylor, 1537 S. Oberlin Circle B. B, Chapman, Barton Aschman Assoc., Mpls. Jon Monson, 5200 Willson Rd., d401 B. W. Ekstrum, 6401 University Ave. N.E., �301 Linda Hanagan, 7879 Beech St. N.E., Pappy's Foods RPPROUAL Of JULY 23, 1985, APPEALS COMMISSION MINUTES: MOTZON BY MS. GERDU� SECONDED BY MR. BETZOLD� TO APPROVE THE JULY 23� 2985� APPEALS COMMZSSION MINUSES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECI.ARED TXE MOTZON CARRIED UNANIMOUSLY. OLD BUSINESS: TABLED fROM THE JULY 23RD MEETING: 7. CONSIDERATION OF A VARI�IP�CE REQUEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY Vid Kondr7Ck, . .�...ri.,..eY,' ...n. 2) Item to remain on the table at petitioner's request. 2. COWSIDERATION OF VARIANCE REOUESTS PURSUANT TO CHAPTER 205 .t. �rceques ey, rtn, � MOTZON BY MR. BETZOLD� SECONDED BY MS. GEROU� TO REMOVE THE ITEM FROM THE TABLE, UPON A VOICE VOTE, ALL VOTIN6 AYE� CHAZRPE?SON GABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. N.E., APPEALS COMMISSION MEETiNG, AUGUST 13 L 1985 PAGE 2 Mr. Clark stated they have a new plot plan witfi the new concept of buiTding and parking. If the new building is built, the only two variances left to be looked at would be the size of the lot (which is pretty restricted by the existing buildings) and one of the zero lot tine clearances would have to be approved (tfie north one). The way the petitioner eliminated the other variance requests was to reduce the size of the building and to construct a parking lat along the south side of the building eliminating the parking stall variance and also reducing the lot coverage to below 4�% maximum. It also increased tfie number of parking stalls and meets tfie requirements of the present code. Mr. Clark stated that if the Appeals Conmiission approves these two variance requests, the on]y stipu]ations would be that a joint driveway easement be filed with the County, because the driveway as shown does encroach on the property to the south, and that the north wall be a masonry wall with no openings. Ms. Gabel stated that at the last meeting, they had suggested the petitioner consider platting both properties as one parcel. Did the petitioner have any desire to do that? Representing the petitioner, Jack Lindahl, Mr. Tom Taylor stated they did not. He stated it was very difficult with the unique partnership and ownership situation. He stated they will have a letter from 7800 (existing building) and the other building recorded at the County before the building permit is issued. They will also have a letter from the tenant nn the north size recorded consenting to the zero lot line. The joint driveway easement will be recorded before the building permit is issued also. He stated they have no objection to the stipulation for a fire-rated wall on the north side. MOTION BY M5. GEROU, SECONDED BY MR. BETZOLD, TO CLOSE TNE pUBLIC HEARING. UPON A VOZCE VOTE� ALL VOTZNG AYE� CHAZRPERSON GABEL DECLARED THE PUBLZC NEARING CIASED AT 7:50 P.M. Mr. Betzold stated it would appear that in order to build anything on this particular lot, it would require a fairly small building--probably too small to be very usable for this type of area. This was a far preferable plan than the one presented at the last meeting. It would seem to serve the purposes of the city as well as the petitioner. Ms. Gerou stated she would be more in favor of this building plan than the one submitted at the last meeting, and the petitioner had dropped the variances from four to two. Ms. Gabe1 stated she appreciated the work the petitioner fu d done in reworking the plan. The zero lot line was not an uncomnon thing. At this point, she did not know what else could be done with this piece of property. There was probably a point in time with a piece like this when they would have to grant a variance. She thought these variances were reasonabte. APPEALS COMMISSION MEETING, AUGUST 13, 1985 PAGE 3 3. MOTZON BY MR. BESZOLD� SECONDED BY MS. GEROU� ?YJ RECOMMEND 21� CITY COUNCIL APPROVAL OF VARIANCE REQUESTS PURSUANT TO CHAPTER 205 OF TXE FRIDLEY CITY CODE TO BUZLD ON LE5S THAN 1-1/2 ACRES AND TO HAVE A ZERO SSDE YARD SETBACK ON THE NORTH pROPERTY LZNE, WITH THE FYTLLOWING STIPULATiONS: 1. THE GRANTING OF A JOINT DRIVEWAY EASSMENT FROM THE JOINP TENANTS TO THE BUILDING TO THE SOUTH; 2. TXE NORTH WALL BE A FDUR-HDUR RATED FIRE WALL WITH NO OPENZNGS UPON A VOICE VOTE� ALL VOTING AYE� CHASRPERSQN GABEL DECLARED THE MQTZQN CARRIED UNANIMOUSLY. Ms. Gabel stated this item would go to City Counci] on Sept, 9. MOTZON BY MS. GEROU� SECONDED BY MR. BETZOLD� TO REMOVE TXE ITEM FROM THE TABLE, UPON A VOZCE VOTE, ALL VOTZNG AYE, CHAIRPERSON GABEL DECLAR6D TNE MOTION CARRIED UNANIMOUSLY, MOTION BY MR. BETZOLD� SECONDED BY MS. GEROU� TO OPEN THE PUBLIC NEARSNG. UPON A VOZCE VOTE� ALL VOTING AYE� CNRIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN RT 8:00 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINIS7RATIVE STAFF REP�R7 4055 East River Road A, PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.18.5D.5d requires that all parking and hard surface areas shall be no closer than five (5) feet from the main building. Public purpose served by this requirement is to protect tfie building from unnecessary maintenance due to vehicles hitting the building. APPEALS COMMISSION MEETING, AUGUST 13, 1985 PAGE 4 Section 214.12.26 requires a maximum size of eighty (80) square feet in area per development. Public purpose served by this requirement is to control visual pollution and excessive use of signs in comnercial areas. B. STATED HARDSHIP: "205.18.5D.5d - Concrete curbing is not necessary and is economically unjustified." "205.12.2B - In order for business to be successful we need good visibility of our sign from 694." C. ADMINISTRATIVE STAFF REVIEW: Development plans calls for platting of 7.7 acres of industrial land south of I-694 and on the west border of Burlington Northern tracks. Plans call for the construction of 125,250 square feet of mini-storage warehouse space. The M-2 heavy industrial zoning is appropriate for this use. Along with the development the petitioner is requesting a variance waiver for installation of concrete curbing 5 feet off the buildings. The staff realizes that with the many door openings on tfiis builAing standard curbs would be impractical. We recommend a 5 foot concrete apron in lieu of a raised curb. The apron would provide for separation of building and driveway, channelization of drainage as well as a clean uniform appearance. All other curbing areas, for example, perimeter, lot curbing and curbing at the blank ends of building should be raised 6" concrete curbing per code. A second variance request is for square footage of free-standing sign area from 80 square feet to 200 square feet. An adjacent si9n for Plywood Minnesota has 300 square feet, with a variance granted in the spring of 1976. LaMaur has a 120 square foot si9n, with a variance granted in the fall of 1982. More recently, in October 1984, East River Road Business Center was denied a variance request to increase the size of a real estate sign from 50 square feet to 300 square feet. Petitioner shou]d provide evidence that this size increase is necessary. Mr. Clark stated they have received more current plans for the building and parking and driveway circulation. The design of the building pretty well dictates that the curbing or separation from the parking and driving aisle cannot be maintained so the variance from 5 ft. to 0 ft. along the front of the garages almost has to be approved because of the way this is being desiqned. Therefore, the recommendations made by staff in the staff report were not necessarily apropos,to this situation. APPEALS COMMISSIOtI MEETING, AUGUST 13, 1985 PAGE 5 Mr. Clark stated the Canmission had received at the meeting a letter from B. B. Chapman of Barton-Aschman Assoc., Inc., which spelled out the reasons for the request for sign variance. MOTION BY MR, BETZOLD� SECONDED BY MS. GEROU� TO RECEIVE INTO THE RECORD THE LETTER DATED AUGUST I2� 1985� FROM MR, CHAPMAN TO TXE APPEALS COf�fISSION. UPON A VOICE VOTE� ALL VOTZNG AYE� CHAIRPERSON GABEL DECLARED THE MDTION CARRZED UNANZMOUSLY. Mr. Clark stated one thing that will be addressed with the plat at City Council is the existing Naegele billboard located adjacent to this property, Staff is recommending to City Council that this billboard be removed. Burlington Northern is the petitioner with the plat, and the City Council can deal directly with Burlington Northern with the plat on which the billboard is located. Mr. Ekstrum stated he was legal counsel for the petiti.oner. He stated also in the audience were Jon Monson, the petitioner and President of Investment Management, and Bill Chapman, Barton-Aschman Associates, Inc. Mr. Ekstrum stated they would simply request that the second variance regarding the curbing and 5 ft. setback be withdrawn. The way construction of the storage facility has been presented, that would simply not be appropriate for the request for variance. Mr. Ekstrum stated what they are asking for is a variance for a free-standing sign. He would like to make the following points regarding the sign variance request: 1. The increase from 80 sq, ft. to 200 sq, ft. sounded like a loi, but the fact was that under existing code, they could erect wall signage that would be larger tf�an 200 sq, ft. Wall signage is planned, but they have decided to reduce the wall signage, because they feel a free-standi�g sign would better meet the needs of the petitioner and the City in terms of aesthetics. 2. The sign is really designed for identification and retention of the information to people driving by on the free�•tay. 3. A 200 sq, ft, sign is still not a large sign w[�n compared to other signs in the area. Plywood Minneseta has a larger s�gn at 300 sq, ft, They they had no objection to the Naegele sign coming down. This of 200 sq. ft. would not be overly obtrusive or overly large compared to the other signs in the area. This is a start-up situation with a business moving in and looking to establish a sign configuration it can live with and the City can live with, Thev feel the granting of the variance request is going to be an aesthetically good thing for both this facility and for the area, APPEALS COMMISSION MEETIN6, AUGUST 13, 1985 PAGE 6 Ms. Gabel asked what was the planned size for the wall sign. Mr. Jon Monson stated he believed it would be about 5 ft, x 18 ft. Mr. Betzold stated he thought the sign was rather °busy". He would not want to be looking at something this busy when driving on the freeway. Would the petitioner consider dropping the address? Mr, Monson stated the main reason they have tfie address on the sign is because they want to provide some congruity to the site. They do not expect people to read the whole sign the first time they drive by. It is the repetition or number of times people drive by that more of the sign will be noticed. Mr. Betzold stated that if•the sign variance was approved, what was to stoo the petitioner from still putting the large sign on the building as well? Mr. Ekstrum stated if the Commission approved the sign variance, they could put on a stipulation that the wall sign be limited to what is being shown in the plan. He did not believe they would have any objection to that. They felt that tt was more aesthetica]ly pleasing to have a sma]ler sign on the wall and have a free-standing sign that would suit their purposes better and the City's purposes better. Ms. Gabel stated the Cormission members really labor over these type of sign variance requests. They understand very we11 that every business needs a sign for identification, but there are some other problems. She stated they have worked to kind of establish a policy of discouraging billboards and signs that are of a billboard nature. This came through a citizen`s comnittee that was set up through the Community Development Commission and went through Planning Commissian to City CounciT. 7here were people on the committee from the Chamber of Commerce so the business community was represented, along with input from a variety of people. Ms. Gabel stated she has statistics from a rather old traffic report from MnDOT about traffic accidents along this area of the freeway, and it was horrendous. The last time she talked to MnDOT, they said the situation had only gotten worse. She stated this has Deen a strong consideration of the Commission's. They cannot prove signs cause accidents, but if people are driving by on the freeway and reading signs, they are obviously not paying attention to the road and traffic. Because of this concern, tfie Comnission got caught in the middle of trying to see the businesses get what they need, yet assuming some responsibility for the public. Mr. Ekstrum stated he was very appreciative of the Canmission's concern. He stated he did not see this sign as an abuse of over-signage. He would be really concerned if someone wanted to put up a sign that was askinq people to react in some way. He saw this sign as being something that attracts people's attention. He thought it was a necessary sign for business and one that was done with a great deal of thought and discussion of what was in the area and what would be appropriate to tfie area. APPEALS COMMISSION MEETING. AUGUST 13. 1985 PAGE 7 Mr. Chapman stated this sign would be 2/3 the size of the Plywood Minnesota sign and 1/4 the size of t6e Naegele billboard. It was really quite a reasonable size. An 80 sq. ft. sign would not be visible or readable at all, 6ecause tfiis was a distance of a6out 600 ft, at a 30° angle from the driving path. Mr. Chapman stated there was definitely a hardship here. That piece of land is landlocked. When the City allowed the platting of the land to the west, it provided no access. The only access it fias is visual. It is a circumstance unique to the property. Also, the hardship is here because how e?se can they use this piece of land? Mini-storage is a use that fits and it can be done from access to the south, but they do have to have some kind of visual access to the site. Circumstances beyond the owner's control relate directly to this situation. Mr. Monson stated that beneath the Plywood t•1innesota sign, it says "Exit off East River Road". He stated that same logic applied to their situation, and that was part of their rationale for including the address on the sign. Ms. Gerou suggested that the petitioner also put "Exit off East River Road" on the sign, eliminate the address and telephone number, and still be able to cut down on the size of the slgn. People dri�ing by would then know where the business was located and how to get to it. The address was meaninaless as it was not readable from the freeway, Mr. Monson stated he would be prepared to go back and study the possibility of making the sign smaller. Ne thought they could live with 180 sq, ft. He did not think that would be a detriment to the sign; however, he would like to have the option of either having the telephone number in larger numbers or the "Exit off East River Road", Ms. Gabel stated she felt the Appeals Comnission has been fairly consistent for a number of years, has tried to recognize that there is need and has tried to keep these things in line with what meets the needs of the corrmunity and business at the same time. It was her feeling from the Commission members that 200 sq. ft. was too large. Was there some way of compromising? Mr. Monson stated they would like to proceed to City Council with the 200 sq, ft. sign, keeping the logo the same, but picking either the telephone num6er or the "Exit off East River Road", making the letters large enough to be read, yet would not endanger the safety of the people driving on the freeway. Ms. Gabel stated she still had a concern about the size. Mr. Betzold stated he would be comfortable with the sign only saying "Minnikahda Ministorage". He felt that was all tfiat was needed, APPEALS COMMISSION MEETIN6. AUGUST 13. 1985 PAGE 8 MOTION BY MR. BET20LD� SECONDED BY MS. GERpU� TO CIASE TXE PUBLIC HEARING. UPON A VOZCE VOTE� ALL VOTING AYE, CHAZRPERSON GABEL DECLARED THE PUBLIC HEARINC CLOSED AT 8:50 P.M, Mr. Betzold stated the sfgn was too busy and too large, They have had similar requests before and a lot of people want to put up signs that are visible from 694, so this is not a unique argument. The problem is this is still one of the busiest stretches of freeway in the state, and it is going to get worse over the next couple of years when construction begins, People should not be looking at signs, especially signs as busy as this one is. He would recommend that, as presented, the variance request be denied. If, for whatever reason, the City Council chooses to approve this variance or approve a smaller sign, he would ask that the City Council consider limiting the wall space and limiting the information on the sign. Ms. Gerou stated the sign is too large and it st%11 cannot be compared to Plywood Minnesota's sign which is grandfathered in. The Comrnission has turned down other large signage. This is just too busy an area for large signage. Ms. Gabel stated she was also concerned about the size of the sign. 5he felt ttere was a need for signage and probably a need for a variance to the sign code, but she would not tike the sign to be this large. Over the years, she has stated her reasons many many times. Her primary concern was the safety of the people on that freeway and the statistics MnDOT has documented on the accidents that occur on that section of roadway. She was reluctant to put up big signs and busy signs, and she wished they could find some method of compromise but at this point there did not seem to be one. For those reasons, she could not vote in favor of the variance. MOTZON BY MR. BETZOLD� SECONDED BY MS. GEROU� TO RECOMMEND TO CTTY COUNCIL LBJIAL OF THE VARZANCE PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE 20 ZNCREASE THE MAXIMUM SQUARE FGI�TAGE OF A FREE STANDZNG SIGN FROM 80 SQUARE FEET TO 200 SQUARE FEET TO RLIAW THE CONSTRUCTION OF MINZSTORAGE WAREHOUSE SPACE (TXREE BpZLDINGS) ON A STRZP OF LAND GENERALLY LOCATED WEST OF BURLING�N NORSXERN INC. RAILROAD TRACKS AND ERST OF TNE GREAT NORTHERN INDUSTRIAL CENTER PLAT. ALL LYING ZN THE SOUTH XALF OF SECTION 22� T-30� R-24� AND IN TNE NORTH HALF OF SECTION 27� T-30� R-24� CZTY OF FRIDLEY� COUNTY OF ANOXA. UpON A VOZCE VOTE� ALL VOTZNG AYE� CNRZRPERSON GABEL DLCLARED THE MOTION CARRZED UNANIMOUSLY. Ms. Gabel stated this would go to City Council on Sept. 9. NEIJ BUSINESS: 4. COIJSIDERATION OF A VARIANCE EST PURSUAPJT TO CHAPTER 205 OF THE fRIDLEY uest by J. Keith Warner, 7879 Beech 3tree .„ rl ey, n. 432) APPEALS COMMISSION MEETIN6 AUGUS7 13, 1985 PA6E 9 MOTZON BY MS, GEROU� SECONDED BY MR. BETZOLD, TO OPEN TXE PUBLIC HEARING, UPON R VOZCE VOTE, ALL VOTING AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:00 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 7879 Beech Street N.E, A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.18.3D.2 requires two side yards, each with a width of not less than twenty (20) feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire fight- ing purposes. B. STATED HARDSHIP: "Pappy's Foods Company was acquired over two years ago. Due to an aggressive growth plan, space is required to serve temporarily as a locker room facility and break room, until tfie continuing space needs of Pappy's Foods Company can be evaluated and met." C. ADPIINISTRATIVE STAfF REVIEW: If the Board recommends approval, the staff recommends that: (1) a time limit be established (2) the unit have State certification for code compliance (3) the south wall be one hour fire rated with no openings Mr. Clark stated the Cortmissioners had a plot plan at the time the building was built. The area they want to place the trailer is adjacent to the south wall 4 ft. away from the building and 2 ft. off tf�e property line. In the summer the unit would be pretty well f�idden from the street by a tree on the boulevard. He also showed the Commissioners an aerial photo of the entire area. Ms. Linda Hanagan, 7879 Beech St. N.E., stated her family and her husband were involved in the business which they purcfiased three years ago. Gappys Foods itself has been around for about 20 years. Since they purchased tF�e business, tf�ey have tripled the sales so they are outgrowing the building. They need more room for a locker room and break room. The existing locker room and break room will be made into a storage area. She stated that at some point, they are going to have to make a permanent decision of probably relocating the office facility somewhere close by. APPEALS COMMISSION MEETING, AUGUST 13, 1985 PAGE 1D Ms, 6abe1 asked how long they anticipate the use of the trailer, Ms. Hanagan stated the trailer permit is for 3 years, but she thought they wouTd probably not need it more than 2 years. Ms. Gabel stated that by providing the trailer, would t�is allow them to increase the number of employees? Ms. Hanagan stated it would allow expansion on each shift of possibly 2-3 people. Mr. Clark stated there was no question that this business had outgrown its facility. MOTZON BY MR. BET20LD� SECONDED BY MS. GERDU� TO CLOSE THE PUBLIC NEARING. UPON A VOICE VOTE� ALL VOTING AYE� CHRIRPERSON GASEL DECLARED THE PUBLIC HEARING CIASED AT 9:20 P.M. Mr. Betzold stated tfiat because o: the temporary nature of this request, he did not think there was too much of a problem in approving the variance request. He appreciated tfie problem the company is facing right no�;and realizing the realities of busioess and that some debts have to be paid before they can make the next move, tfie City does appreciate their business here in Fridley and does want them to stay in Fridley, He felt they could make this temporary accommo- dation as long as the company is willing to meet the stipulations. He wanted it clearly stated in the minutes that this is intended to be temporary, and he would absolutely not be receptive to extending the variance for either this business or anotfier business or for a permanent structure, Ms. Gerou stated she would be in favor of this variance request with stipulations. Ms. Gabel stated she was also in favor of the variance request, MOTION BY MR. BETZOLD, SECONDED BY MS. GEROU� TO RECOMMEND TO CITY COUNCSL APPROVAL OF VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF TNE' FRZDLEY CZTY CODE TO REDUCF, THE SIDE YARD SETBACK FROM 20 FEET TO 2 FEET TO ALLOW THE PLACEMENT OF A TRAILER TO BE USED AS OFFZCE ARER ON A TEMPORRRY BASIS ON LOTS I6-19, BLOCK 2� ONAWAY ADDITION� THE SAME BEING 7879 BEECH STREET N.E.� WITH THE FOLLOWING STIPULATIONS: I, TXE TRAZLER PERNIT BE APPROVED BY CITY COUNCZL. �� 2. A TIME LIMZT BE ESTABLZSXED OF 36 MONTHS. 3. THE UNIT HAVE STATE CERSIFICASION FOR CODE COMPLIANCE, 4. SXE SOUSH WALL BE ONE-HOUR FIRE RATED WITFI NO OPPNINGS. 5, THE VARZANCE HE FOR THIS PE2ITZONER ONLY ANDNOT FOR ANY SUBSEQUENT OWNERS OF THE PROPERTY, � UPON A VDICE VOTE� ALL VOTING AYE� CHAIRPERSON GABEL DECZ,ARED TY.E .NOTION CARRIED UNANIMOUSLY. �PPEALS COHMISSION MEETING AUGUST 13 1985 PAGE 11 AUJOURNMENT: MOTION BY MR. BETZOLD� SECONDED BY MS. GEROU� TO ADJOURN THE MEETZNG. UPON R VOSCE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE AUGUST 23� 1985, APPEALS COMMISSION MEETING ADJOURVED AT 9:26 P.M. Respectfully subm'tted, �. �� yn a�a Recording Secretary CITY OF FRIDLEY EI�VIRONMENTAL QUALITY COMMTSSION MEETING AUGUST 27, 1985 CALL TO ORDER Vice-Chairperson 6ronlund called the August 27, 1985, Environmental Quality Commission meeting to order at 7:52 p.m. ROLL CALL: Members Present: Tom Gronlund, Bruce Peterson, Richard 5vanda Members Absent Others Present Wayne Wellan, Maynard Nielsen Susan Merriam, Planning Aide APPROVAL OF JUNE 18. 1985. ENVIRONMENTAL OUALITY COMMISSION MINUTES: MOTION by Mr. Svanda, seconded by Mr. Peterson, to approve the June 18, 1985, Environmental Quality Comnission minutes as written. UPON A UOICE YOTE, ALL VOTIN6 AYE, VICE-CHAIRPERSON GRONLUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. UPDATE ON WORKPLAN FOR ANOKA COUNTY Ms. Merriam presented a copy of the workplan to the cortmission for their review. The plan was submitted to Artoka County the last week in July. Ms. Merriam indicated that Fridley's workplan was the first submitted and is being used by the Metropolitan Council as a model for other cities. She was hopeful that the City of Fridley would have a joint powers agreement with qnoka County by the end of September. Mr. Svanda stated that the master plan was scheduled for approval at the October 10 meeting of the County Board. Ne sugge�ted that Ms. Merriam keep in contact with staff at the County to see how this is progressing. Ms. Merriam indicated that in order to receive b4.00 per ton accurate records on the recycling program must be kept. Commission members felt that Ms. Plerriam and staff did a good job in preparing the plan. Ms. Merriam felt quite sure that the plan would be accepted and would keep the cominission infornied as to the progress. ENVIROtJMENTAL QUALITY COMMISSION MEETING, AUGUST 27, 1985 Page 2 Ms. Merriam indicated that funds received as a part of this plan would reimburse funds already spent by the City. Funds received would be from Anoka County and the Metropolitan Council. Mr. Svanda requested to know the level of participation in the recycling program thus far. Ms. Merriam indicated that she did not have exact figures, but felt that participation dropped somewhat in August. Mr. Beerman will need to provide those figures. 2. DISCUSSION OF FALL PUBLICITY STRATEGY Ms. Merriam inditated that sfie had added another paragraph to the flyer to be sent out with the City Newsletter stating that residents could come in to City Hall and pick up reminder signs for the recycling program. She also stated that the paragraph about removing labels was omitted since this was not necessary. She also indicated that it best to separate glass by color but this was not necessary. Ms. Merriem indicated that another article would come out the first week in September statin9 the importance of citizen participation and asking that they get involved. Mr. Peterson asked if Jaycees had been contacted. He felt that the Jaycees should be included in the planning process and feit that they may be wiliing to do a lot of the work. Ms. Merriam indicated that she would contact Dale Thompson, Jaycee Individual Development Vice-President, and ask him to attend the September meeting. Ms. Merriam indicated that another ad would be placed in the fridley Focus the first week recyclfng starts in September. Mr. 6ronlund suggested having an article placed in the Fridley Focus preferably placed on the front page. Mr, Peterson suggested pubTicity through the Gommunity Section of the Minneapolis Star & Tribune. He felt that many people read that section and that publicity there would provide much coverage and good exposure. Ms. Merriam indicated that she has sent material to be published in the Community Section, but it was not published. She indicated that she would contact the newspaper. Ms. Merriam stated that publicity plans include information in the city newsletter, the flyer, an article in the Fridley Focus, and reaching schools and businesses. Mr, Gronlund requested that at the next meeting he woutd like to proceed with working with the Jaycees to see what time and effort they are willing to commit to the program. `-"�""'�";""="""' QJALITY COMMISSION MEETIN6, AUGUST 27, 1985 Page 3 .. ,,.,� INFORMATION ON "KENNEL" ISSUE Ms. Merriam reviewed the memo of July 2b, 1985, describing the problem involving Mr. Poole and the number of a�imals he owns. City ordinance indicates that residents may have two dogs/cats. A kennel license is required to have more animals. However, a kennel license is issued only in areas zaned C-2 and C-3. Mr. Poole has three dogs and two cats and cannot be issued a kennel license because he lives in a residentially zoned area. The problem arose when a complaint was filed arising from a biting incident. Mr. Svanda felt that three animals was enough in a residential area. Even thouqh three animais as outlined in the ordinance is an arbitrary figure, Mr. Svanda felt it was sufficient and the ordinance did allow a variance of 6 months in case of pups or kittens which he also felt sufficient. These types of problems are handled on a corrq�laint basis which gives leverage to correct a situation. He felt that allowing one person to have more animals would create additional problems. Mr. Peterson agreed and felt that more animals would be an annoyance in a residential neighborhood. Mr. Gronlund felt that the ordinance should be enforced. He also felt that the animals should not be eliminated through attrition. If the ordinance states two animals , he felt it the responsibility of the owner to comply with the ordinance. MOTION by Mr. Peterson, seconded by Mr. Svanda, that the Ordina�ce 101 stand as is, that no variance be granted for the number of animals allowed, that the zoning code not be amended to include kennel licenses in areas zoned other than C-2 or C-3, and that the recort�nendation be forwarded to the Planning Commission if City staff felt it necessary to review the issue further. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON GRONLUND DECLARE� THE MOTIOPJ CARRIED UNANIMOUSLY. DISCU55ION ON HAZARDOUS WASTE Ms. Merriam indicated that she had been in contact with the MPCA regarding household generated hazardous waste. The MPCA has five communities for their Phase I project to start this fall for the collection of hazardous waste generated in the home. Fridley is not one of these communities. Ms. Merriam indicated that a Phase II project is planned for spring and she hopes that fridley will get involved at that time. Phase I will establish a drop-off site for household hazardous waste. Mr. Svanda felt we should try to be included in the Phase II project scheduled for next spring. r�inTn�.�r,+r�irni rnini ITY COMMISSION MEETING� AUGUST 27� 1985 Pdqe 4 Ms. Merriam indicated that another problem has to do with the County licensing hazardous waste generators located in fridley. The problem is that tf�e County has licensed businesses that are improperly zOned according to the City code. Therefore these businesses are not in compliance with local ordinance. This issue will be looked into at a later time. 5. �THER BUSINESS a. Mr. Gronlund requested an update on Industrial Spray. Ms. Merriam stated that she had received a call several weeks ago about the smell. Basically, tfie MPCk has indicated that this business could be considered a nuisance, but not a hazard. The City is letting them exist at the present time. b. Ms. Merriam referred to the copy of the Block Captain newsletter included in the agenda. Ms. Merriam noted that the newsletter requests biock captains to come in and pick up a recycling sign. Ms. Merriam indicated that she is interested to know at what level each area is participating and the amount collected. This i�formation must come from Mr, Beerman. c. Mr. Gronlund asked for an update on the mass burn facility. Ms. Merriam indicated that the Courtty had met the past week with NSP. The City of . Minncapolis is all set to build. To Ms. Merriam's knowledge, the County was close to getting final bids, but felt that the County still needed to provide waste flow figures and an environmental impact statement. ADJOURNMENT: MOTION by Mr. Svanda, seconded by Mr. Peterson, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON GROPILUMD DECLARED THE AUGUST 27, 1985, ENVIRONMENTAL QUALITY COMMISSION MEETING ADJOURNI:D AT 8:55 P.M. Respectfully submitted, � cGGk�i'.,7�� `��✓ Lavonn Cooper Recording becretary CITY OF FRIDLEY APPEALS COMMISSIDN MEETIIJG, AUGUST 27, 1985 CALL TO ORDER: Chairperson 6abe1 called the August 27, 1985, Appeals Canmission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Pat Gabel, Alex Barna, Jim Plemel, Donald Betzold Members Absent: Jean Gerou Others Present: Darrel Clark, City of Fridley Robert Shimanski, 7458 Hayes St. N.E. Dick Donohoo, 332 Hamm Bldg., St. Paul Jack Maxwell, 2931 Partridge Rd., Roseville APPROVAL OF AUGUST 13, 1985, APPEALS COMMISSION MINUTES: MOTION BY MR. BARNA� SECONDE'D BY MR. BETZOLD� TO APPROVE THE AUGUST 13� 1985� APPEALS COMMZSSION MZNUTES. Mr. Betzold stated that on page ]0, last paragraph, �2 of the motion should read "A time limit be established of 36 months". UPON R VOICE VOTE� ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THE MINTES APPROVED AS AMENDED. ._ _ ... . _ . . , . _. . _ . . . . ... OLU BUSINESS: TABLED FROM THE AU6UST 13TH h1EETIN6 1. CONSIDERATION OF A VARIANCE REQUEST PURSUANT TO CHAPTER 205 Of THE fRIDLEY !AY , ca� �zonyorooK way n.t., rrlaiey, Item to remain on the table. NEIJ BUSINESS: 2. CONSIDERATION Of A UARIANCE-REQUESi PURSUANT T0 GHAPTER 205 OF TNE FRIDLEY _ �TO FEET I F T ECKI G' A 0 T C N 0 �.P � . S . eques y o er imans i, ayes ree .„ rt ey, n. 2) MOTION BY MS. GABEL� SECONDED BY MR, BETZOLD� TO OPEN TH6 PUBLSC IiEARING. UPON A VOZCE VOTE, ALL VOTZNG AYE� CXAZRPERSON CABEL DECLARED TEIE PUBLZC HEARZNG OPEN AT 7:34 P,M. APPEALS COh1MISSION �EETIN6, AUGUST 27, 1985 PAGE 2 Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAfF REPORT 7458 Hayes Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.3D.2c.1 requires that the side yard setback on a street side of a corner lot shall not be less than seventeen and one—half (17.5) feet. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighbor`s front yard. B. STATED HARDSHIP: "We need to install the pool in the side yard due to the fact it won`t fit in the back yard." C, ADMINISTRATIVE STAFF REVIEW: If the Board approves this request, the only stipulation staff would like clarified is that the 7 foot maximum fence heig�t be measured from the ground at the low side of the fence. Mr, Clark stated the Commission members had a picture of the premises where the pool would be located. Also, in the agenda were letters from two neighbors, one adjacent and one across the street, stating they had no objection to the installation of tfie pool and fence. Mr. Clark stated that as far as the Tine of sight, looking at the certificate of survey, the fence stopped at the front line of the house; therefore, the encroachment into the line of sight would be very minimal as far as traffic driving around the intersection. Mr. Betzold stated that regardless of tfie pool, could the petitioner still install a 7 ft, fence in this location? Mr. Clark stated, yes, he could because a 7 ft, fence is allowed in the rear yard. Ms. Gabel stated she was concerned about the utility pole that runs along Fireside Drive. If that pole or utility line broke, it could go into tfie pool, Mr. Clark stated that was a good point. He be7ieved NSP Eu d a rule that over- head wire be 10 ft. in a horizontal position from a water's edge. The petitioner would probably have to get approval from NSP for the pool location or have NSP bury the street light line. APPEALS COMMISSION MEETIf�6, AUGUST 27, 1985 PAGE 3 Ms. Gabel asked the petitioner to explain in a little more detail his hardship in terms of instaliing the pool in the back yard. Mr. Shimanski stated he could possibly put t[�e pool in Lhe bac� yard if he went with a smaller pool; however, he would have the same problem as just mentioned as overhead utility lines would have to be put underground, plus there was a 5 ft, utility easement in the back yard. It would be more costly, and the pool would be more separated from the house. The pool in the proposed location in the side yard would more incorporated with the house. Mr. Barna stated he was having sane problem with the stated hardship. Mr. Betzold stated he also had a problem with the hardsfiip. The petitioner could fit a pool in the back yard, and he would probably have to incur some expenses with the power lines in the back yatd. What might seem like the perfect solution if only the city code would allow it might not be in the city`s best interest. By granting a variance for someone to 6uild up to the lot line was opening tfiemselves up to others coming in and wanting to build up to the lot line. It put the Commission in a fairly awkward position. Mr. Shimanski stated he 6ad a problem witfi the term "hardsfiip". He stated there really wasn't a hardship. He would like to build a pool, but if the Comnission denied him the right to build it, tfiere was no real hardship involved, Basically it boiled down to the fact that the side yard was the best location for the pool. Mr. Plemel stated he would be opposed to the variance. They would be setting a precedent and a 7 ft, fence was just too high. MOTIOIV BY MR. PLEMEL� SECONDED BY MR. BARNA� TO RECEIVE ZNTO THE RECORD THE LETTERS FROM MRS. JON BIAMQUIST AND MARGARET & KEVIN OLSON AND MARCARET OZSON DATED AUG. 8, 1985, STATING THEY HAD NO OBJECTION TO THE INSTALLATION OF THE POOL AND VENCE AT 7458 HAYES ST. UPON A VOZC E VOTE� ALL VOTING AYE� CHAZRPERSON GRBEL DECLARE'D THE MOTION CARRIED UNANZMOUSLY. MOTZQV BY MR, BETZOLD� SECONDED BY MR. BARNA� TO CIASE THE PUBLIC HEARIN�. - UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON GABEL DECLARED TXE PUBLIC HEARZNG CIASED AT 7:52 P,M, Mr, Barna stated he found it hard to find an actual hardship, other than one that is self-created. He did not think a 7 ft. fence coming up to the lot line on a side yard would look very good. They have restricted garages back to 21 ft. and then to let someone put up a pool on the same area seemed inconsistent, He would vote against the variance. Mr. Betzold stated he concurred. What the petitioner wants to do can be accomplished, but the fact that where he wants to put it is not consistent with the cit code was something tf�at did not necessarily justify a variance. Ne would suggest that if the petitioner wanted to pursue his variance request with the City Council that he and the City doublecf�eck on NSP's requirement regarding the power lines. APPEALS COMMISSION MEETING, AUGUST 27, 1985 PAGE 4 Mr. Plemel stated his objection t�as that this was just too close to the edge of the iot iine and the street. Ms. Ga6e1 stated she personalty did not o6ject to this proposal. She had looked at the property and the side yard was a better location for a pool than the back yard, Given the fact that tfie petitioner could put up a 7 ft. fence, regardless of whether the pool was built, and no one could see tfie pool anyway, she did not have any objection in those terms, However, she also had the problem reqarding the hardship. The responsibility the Appeals Cornmission was charged with was that in order to grant a variance, it has to be based on a hardship. If tfie hardship is not weil defined or is not sub- stantial enougfi, then the Commission almost has a legal obligation to deny the variance, Mr. Clark stated fie did not thin� the pool would fit in the back yard, If the petitioner has to stay 10 ft. from the power lines and reduces the stze of the pool fran 18 ft. to 16 ft., that is 26 ft. He did not think it was practical to instalt a pool 2 ft, fram the �ouse. Tfiis is an above ground pool and the windows of the house would be looking right into the wall of a 4 ft, higfi pooi. He stated the hardship really seemed to be --does or doesn't the petitioner need a pool? Ms. Gabel stated that was true, hut the hardship was also in the placement of the pool. If it was star"f`s professtonal opinion that the pool could not fit into the back yard, then that would constitute a hardship to her, and she would vote in favor of the variance. Mr. Betzold stated he still had a problem with this. He knew the petitioner couTd sti11 put up the fence, but he was stiTl afraid of setting a precedent. He felt the Appeals Comnission has been pretty consistent regarding the fact that building up to zero lot line was something they did not want to encourage. Mr. Barna referred to the Aug. 2, 1979, memo from Virgil Herrick, which stated: "The City Council may grant a variance from the literal provisions of the Zoning Ordinance where the strict enforcement would cause undue hardsfiip because of circumstances unique to the individual property under consideration." Mr, Barna stated they cannot really talk about tfie pool because if tfie fence is put up, it really doesn't make any difference if there is a pool behind it or not, It was a matter of whether they wanted to allow the petitioner the utilization of a side yard to tfie lot line. The uniqueness of tfie situation was that the structure, even a smaller version of the structure, will not fit anywhere else on the property� due to the requirement by NSP to stay 10 ft. back from the vertical line of the power lines to any container with water. So, the side yard was the only 7ogical place where the petitioner should be allowed free utilization of his property. He felt the petitioner does have a viable hardship, and it w�uldn`t really supercede anyth'ng e1se, 6ecause this is a unique situation. APPEALS COMMISSION MEETING, AUGUST 27, 1985 PAGE 5 3. Mr.Betzold stated he could reconsider his position only based on the fact that this is a corner lot and the fact that it is a swimning pool that is being put there. If anyone else came in reo,:iesting a variance for a garage or anythinq else, he felt they could hold their position, considering tfie fact that the fence can still be put up and no one would know the pool is tfiere. Maybe that was sufficient enough to say they can still meet the intent of tfie code. Mr. Plemel stated his the poo7, but if there the variance, first thought had 6een that there was a better place for is not a better place, then he would be in favor of Ms. Gabel stated she agreed to some extent with what Mr. Betzold had said. If this was going to be attached to the property and was indeed an extension of the existing dwelling, then she would have a different view, too. However, it was not. She would vote in favor of the variance. MOTZON BY MR. BARNA� SECONDED BY MR. PLEMEL� 2YJ GRANT THE VARIANCE REQUESS PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY C'ODE TO REDUCE TXE SIUF. YARD SET- BACK ON A CORNER LOT FROM 17,5 FEET TO d FEET (!J FEET WZTH 3 FOOT DECKiPiGI TO ALLOW TXE CONSTRUCTION OF A PDOL WZTX DECKING ON ZAT 3� BLOCK 4� G:INDERSON TERRACE� THE SAME BEZNG 7458 HAYES STREET N.E.� WZTH THE FOLIAWING STIPULATIONS: 1, THE PETZTIONEP. COMPLY WITH NSP REQUZREMENTS RE'GARDING THE �OWER LINE ON FIRESZDE DRIVE, 2. TNE 7 FT. MAXIMUM FENCE HEIGHT BE MEASURED FROM THE GROUND AT THE LOW SIDE OF TX6 FENCE. UPON A VOZCE VOTE� ALL VOTING RYE� CHAZRPERSON GABEL DECLARED THE MOTZON CARRIED UNANZMOUSLY. �1:� ui tng, t. au , n. 55102j EST PURSUANi TO-CHAPTER 214-OF THE FRIDLEY orney, MOTION BY MR. PLEMEL� SECONDED BY MR. BARNA� SO OPEN TXE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHRIRPERSON GABEL DECLARED THE PUBLIC HERRING OPEN AT 8:23 P.M. Chairperson Gabel read the Administrative Staff Report: e APPEALS COMMISSION FiEETING, AUGUST 27, 1985 PAGE 6 ADMINISTRATIVE STAFF REPORT 7625 Viron Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 21a,11.2B limits the square footage for a free-standing sign in C-3 zoning to be no more than 80 square feet, Public purpose served by this requiremertt i.s to control visual pollution and excessive use of signs in commercial areas. B. STATED HARDSHIP: "The existing sign wi.th trim, in p'ace since 1970, exceeds 300 square feet. Dur proposat is to remove the trim, two panels and repaint the copy. Since the property is undeveloped and presently leased for use as a retail sales 7ot, any other method is not economically feasible, In addition, the proposed sign would be consistent with those signs in the surrounding area." C. ADMItJISTRATIVE STAFF REVIEW: . Prior to 1972, this sign was classified as a billboard. In 1972 Castle Mobile Homes leased this property and constructed a sales 7ot. At that time they petitioned the City to keep the 6illboard as a 6usiness sign and were granted a variance to keep the sign as a business sign with stipulations. One of the City stipulations was that the variance was only approved for Castle Mobile Homes. Since that time the mobile home lot has had several tenant changes but has always been a sales lot, Sizes for sane of the other signs in the general vicinity of this site are: Yiking Chevrolet - 241 sq. ft. - variance granted i.n 1983 Lampert Lumber - 144 sq. ft. - variance for 176 sq, ft. in 1983 but denied Hart Custom Homes - 96 sq, ft. - sign complied at time of installation All Seasons Homes - 92 sq. ft. - sign complied at time of installation If the Board approves this request, the operator still needs to complete the landscaping, meet the 35 foot setback on all trailer units, and return the signed utility nasement. NOTE: The time limit for reapplication of a variance that was denied was removed from the City Code in the 1973 recodification. If the Board would like this statement put back into the code, a directive must 6e given to staff, APPEALS COMMISSION MEETING, AUGUST 27, 1985 PAGE 7 Mr. Clark stated that in 1973, the code read that once a variance was denied, it could not be reapplied for for six months after denial, An excerpt from the code was included in the agenda, In the next printing of the code, this section did not appear, so it has been absent from t�e code since 1973. He knew that during that time, they have repeatedly told petitioners that there is a six montt waiting period before reapplying. However, since it is presently not in the code, the petitioner was allowed to repetition for a smaller sign than he originally petitioned for in June of this year. That variance request was for a 300 sq. ft, sign. T6e Appeals Commission recommended denial and the City Council denied it in July. Ms. Gabel stated the Comnission should discuss this under "other business". Mr, Richard Oonohoo stated he was an attorney representing Mr. Jack Maxwell, who has owned this property since the late 197D`s, The sign does go back to the late 60's/late 70's, and that particular sign f�as been used since the early 70's as a retail mobile home sales lot. They have leased the property to various operators since that period of time. After the July City Council meeting, they went to Sign Crafters` outdoor display and obtained estimates of what it would cost to bring the sign into conformity, The sign company gave Mr. Maxwell different quotes. To remove the two panels, remove the trim, box in the end steel beams that hold up tf�e sign and repaint the copy would cost $2,500.64. To remove the existing sign and leave existing I-beams and install new panels for a 3 ft, x 16 ft. (80 sq. ft. limit} sign would cost $4,872. To put in one new internaliy illuminated face sign 3 ft, by 27 ft. and instali it on existing I-beams would cost b5,513. Mr, Donohoo stated Mr. Maxwell is leasing the property and the sign to the current tenant, Mobile Homes USA. This tenant has contacted his attorney and claims the sign if reduced even from 300 sq. ft. will have a detrimental impact on his business. Mr. Donohoo felt the tenant would go along with the proposed 160 sq, ft. sign, but from an economical standpoint, they do not feel it made sense to spend more tf�an $5,000 on a property tf�at is subject to a two year iease. The iease may be renewed and go for a longer period of time, but as it stands right now the property is being used. I± is a business sign; they are proposing to remove the trim, cut the sign down, and they feel it will meet the spirit of the ordinance and still 6e economically feasible. Ms. Gabel stated it was her understanding that the costs incurred with the sign can be passed on to the tenant. Mr, Donohoo stated that was not true in this case, It was not in the lease. In this situation, they will be paying for the alternations to the sign, Ms. Gabel stated that in 1984 at the time SUP #84-20 was passed when the new tenant, Mobile Homes USA, took over, #5 of the nine stipulations was that the existing sign must be brought into compliance or a variance approved for excess footage. The speciaT use permit was to 6e reviewed at the first Planntng Commission meeting in June 1985. The special use permit has not been approved by the City Council because of the non-compliance of the sign. APPEALS COMMI55ION MEE7ING, AUGUST 27, 1985 PAGE 8 Mr. Donohoo stated there were only two of the nine items left--one was for the easement and the other one was the sign. The City Council gave them until July 1 to take care of the easement problem and that has been done. They have until Sept . 1 to bring the sign into compliance. He was told that if they re-fnit{eted the appeals process, the time period would be extended. Mr. Donohoo stated the sign riyht now is a very large sign, and thEy are proposing to reduce it to 160 sq. ft. Right next door, Vtking Chevrolet has very large signage. Mr. Betzold stated the property in question is an undeveloped property, and it is a different situation from Viking Chevrolet. Vi;king Chevrolet requested a 370 sq, ft. sign and that was reduced cansiderably. He did not think they could compare the large developed dea7ers�ip of Uiking Chevrolet with an undeveloped lot. They are more comparing this situation with the other mobile home sales l�ts in the area. If the City approves anyt�ing larger than the other two mobile home sales lots, tfiose people are going to come in wanting bigger signs also, and the City would have to give it to them, Ms, Gabel stated the Comnission was not able to establish a hardship in June, and she did not see anything different now. She would not be comfortabte granting a variance for a sign larger tfian the competitors` signs. Mr. Maxwell stated this would be a nice clean sign, uncluttered, that is well set back from tfie highway. MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO CLO5E THE PUBLIC HEARZNG. UPON A VOZCE VOTE� ALL VOTING AYE� CHAIRPERSON GAB6L DECLRRED THE PUBLIC HEARZNG CLOSED AT 8:37 P.M. Mr. Betzold stated he did not thin(c the circumstances had changed too much in the last two months. The petitioner is willing to go ft,r a smaller sign, and it was obvious f�e was going to incur some costs that cannot be passed on to the tenant. He thought the proposed sign was still too big, He was afraid they would have Hart Custom Homes and A11 Seasons Homes coming in demanding larger signs if this variance was granted. He would have no problem recommending approval for a sign that was Compara6le to the signs for Hart Custom Homes and All Seasons Homes, but he could not see one that was going to be almost twice their size. Mr. Barna stated he agreed with Mr. Betzold, He would even be comfortable with a sign that was 10-20% larger than the other two mobile home lot signs because this sign does sit back from the highway and the surrounding situation was uniquely different from the other two mobile home lots. But, he would not agree to a sign that is twice the code size. Mr. Plemel stated he would 6e in favor of the variance if the stipulations were met. APPEALS COMMI55ION MEETIt�G. AUGUST 27, 1985 PAGE 9 Ms. Gabel stated she �as still opposed to the size of this sign. It was twice t6e size of the other mobile home sales lot signs in the area. She did not think it was correct to say that the proposed sign was consistent with the signs in the surrounding area; in fact, it was more accurate to say it was inconsistent with 6usinesses like it in the same area; therefore, she would vote against the variance. MOTZON BY MR. BETZOLD, SECONDED BY MR, BARNA� TO RECOMMEND TO CITY COUNCIL DENZAL OF A VARIANCE REpUEST PURSUANT TO CXAPTER 214 OF TXE FRIDLEY CITY CODE TO INCREASE TXE MAXIMUM ALLOWABLE SpUARE FOOTAGE OF A SIGN FROM 80 SQUARE FEET TO 160 SQUARE FEET TO AL7AW AN EXZSTING SIGN TO BE CHANGED AND TO REMAZN ON THE SOUTH 300 FEET OF SNE NORTH 750 FEET OF TXE NORTNSAST ONE-j)UARSER (NE I/4) OF THE NORTHWEST ONE -QUARTER (NW 1/4J EXCEPTING TNEREFROM, THE EASS 720 FEET THEREOF� SECTION TWELVE (I2)� TOWNSXZP THZRTY (30J� RANGE TWENTY-FOUR (24J, EXCEPT ROADS AND EASEMENTS OF RECORD� THE SRME BEING 7625 VIRON ROAD N.E, UPON A VOICE VOTE, GABEL, BE1'ZOLD, BARNA VOTING AYE, PLEMEL VOTINC NAY, CHAIRPERSON GRB6L DECLARED THE MOTION CARRZED BY A VOTE OF 4-1, Ms. Gabel stated this item would go to City Council on Sept. 23. 4. OTHER BUSINESS: a. Time Lim1t for Reapplication �Old Section 45,423j Mr. Clark stated that, as he had mentioned earlier, this time timit of six months has apparently been absent from the code since 1973. It was possible it was accidentally left out. Ms. Gabe1 stated she felt the Comnission should make a motion recortmending that this section be reinstated into the city code. Mr. Plemel stated that if a variance was denied, wasn`t it to everyone`s benefit to try to get things worked out? Mr. C'ark stated that may 6e true, 6ut fie t(wught the rationale was that it was unfair for people to have to keep coming back month after month for public hearings on the same issue. Ms. 6abe1 stated she felt six months was a reasonable length of time. Mr. Plemel stated he 6ad no objection to having it reinstated {n the code. MOTION BY MR, BESZOLD� SECONDED BY MR, BARNA� TO RECOMMEND 2'O PLANNING COMMSSSION AND CITY COUNCIL THA2 FORMER 5ECTION 45.423 OF THE CITY CODE REGARDING THE SIX MONTH TIME PERIOD FOLLOWING DENIAL OF CASES BROUGHT BEFl�RE VARZOUS COMMSSSIONS BE REINSTATED INTO THE CITY CODE, UPON A VOZCE VOTE� ALL VOTING AYE� CHAIRPERSON GAHEL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPEALS LOMMISSION MEETING, AUGUST 27, 1985 PAGE 10 ADJOURNMENT: MOTION BY MR. BRRNA� SECONDED BY MR. PLEMEL� TO ADJOURN THE MEETSIVG. OPON A VOICE VOTE� ALL VOTING AYE� CNAIRPERSON GABEL DECLARED TNE AUGUST 27� 1985� APPEALS COMMISSZON MEETING AA70URNED A1' 8:98 P,M, Respectfully submitted, Lyrf Sa a Recording Secretary