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PL 05/04/1988 - 30682� 0 �4 • �s �� _�_ ' �_�� ;_ !�viu� . �_ • � vi�_ s� u�:_ , (`AT T, TO 012DER: Chairperron Betzold called the May 4, 198�, Plaivv.ng Commission meeting to order at 7: 30 p. m R� CALL: Members Prese�rt: no�a setZO�.a, Dean S�ba, Sue Slnerek, p,l.ex Barr�a l+�embers Abserit : Dave Rondrick, Rf.chard Svanda Others Present : Jock Robertson, C�un�ity Developner�t Director Steve Billings, Ci.ty Cot�cilmanber dneryl Stinski, 1612 �errre Circle Brian Hanson, Paul Pink & Associates ., �z � z. . � . . �._�I�1 � !;vitt. .._ • � v� �l �hl_�_ MO�ION by Mr. Barna, sewndecl 17y Ms. Sherek, to apprave the April 20, 1988, Pl�ning Co�¢nissioa� minutes as written. UPON A VOI� VU1'E, ALL VOPIlVG AYE, �1AIl2PERSCi�1 BETZ�D DEQ,A�RED THE Ni0TI01�T CARR�D UNANIl++�JSLY. ^ •_ 1� PiiRT.T[' ��NG• CONSIDERATIO OF A SPECIAL USE PERMIT. SP #�8-06. BY I�. INC. : Per Sec�ion 205.15.1.G 8 of the Fridley City Cocle to allow the expansion of outside storage on Lot 9, Auclitor's Subdivision l�o. 94, the sa�ne being 5351 Cemral Avenue N. E. , Fridley, Minnesota, 55421. Mr. Robertson stated the petitiorier, Marv Prodzaska, had telephonecl him f rcan Eau Qai.re, Wisoonsin, to request that this item be tablecl. Nir. Prochaska had stated he hac�l reveived a eopy of the staff recommendations regarding retaining a oonsulting engir�eer to study the feasibility of a noi�e wall, and I�r. Prochaska stated he would like to work on that before bringing this item before the Planning Commission. Mr. Betzold aske� if there needecl to be another mail ing to the resiolents when this item c�omes back before the Planning Commission. Mr. Billings state� that today he had askea the Comm�ity Development Department Secretary to call those people who hacl attended the April 26, 1988, Appeals Co�mnission meeting to inform then that this special use permit request before the Planning Ca�anission was �ing to be taa].ed and to inf orm them that they should call either the City Off ices in two weeks or to contact him to f ind out when it was going to be back on the Pl anning Comani.ssion agenda. He stated he had a personal contact list of people he would cor�tact, ancl sinc�e there were no other people at the meeting rec,rarding this item, he dicl not see any reason to send out a seoond mailing. ^ � by Mr. Barna, seoonded by Ms. Sherek, to table special use permit, SP -1- � _����� «��4'�yr : �. _ �1S 4���.� M�� 4�t.. ' '°� �88-06, by N�nard, Inc. �"\ . � UPON A VOIC� VOl'E, ALL VOPIl�TG A`�, �C�T BEE�LL�D DECLARED THE MOTION (�RRIED DNANIlyYxJSGY. 2. pLTRT.TG �ARTi�s (�I�SIDERATION QF A REZOISCI�. Z� #88—01. BY CI�RYL STIl�lS : To rezone fro�n R-3 (Ger�eral Multiple IIwelling) to CR-1 (General Office) on p�art of Lots 2 and 3, Auditor's Subclivision No. 25, the same being ].001 Hillwirtd Road N. E, � by Mr. �arna, seconded by Mr. Saba, to waive the rea�ing of �the formal public hearing notioe and to open the public hearing. UPON A VOI(� V�'E, ALL VOrIl�G A�, Q3ATRPERS�T BEPZQ,D DECLARED THE M�IOIiT C�RRIED U1�,N?NK7[JS[,Y Ai�ID THE PUBLIC �'�RT� OPEN P� 7: 34 P. M. IMIr. Robertson stated the petitioner was requesting a rezoning f ram R-3 (Ger�eral Mu].tiple Dwelling) to Qt-1 (General Off ice ), for the purpose of �ombining the lots anal constructing a three-stsory multi-tenant off ice building. The building woul� be built �ver a surface parking area, so esseritially part of the buil�i.ng would be on stilts with parking �c�rneath. �vo parcels were irrvolved: the most southerly lat wYii.ch was already zoned CR-1 anci preserit].y has the ,i+�rrill Lynch office building on it, and the northerly parael whi.ch was zoned R-3 ancl has a boardecl-up vacated single fanily house on it. Mr. Robertson stated there have loeen three rezonings along Hillwincl Road f raa R-3 to Q2-1 dating back bef ore 1951. Ira adcli ti on, th i s spe cif ic 1 ot was the subject o� a rez�ing prooedure whic� was terminated when the sewnd readi.ng of the ordinance was tabled at the City Council in 1982. At that ti.me, the petitioner, Ms. Stinski (Nybo), was �able to complete the requi re�nent s f or the 1 ancl devel opaent. Mr. Robertson state� that, along with the rezoning, the petitioner was proaessi.ng a variance request for rec�uction of a buffer area between a o�onanercial and residential area f ran 15 feet to 5 feet. This petition was heard by the Appeals Commission on April 26, 1988, at which time they reoo�nenc�d approval to the City Co�cil. Mr. Robertson stated Nls. Stinski has also informally oomm�icated with the � and has serit the HRA a list of proposed financial assistance she would need for this project. Mr. Rol�ertson stated that shoulcl the Planning Co�nissioal reoo�nend a�roval, staff reaoffiaen� the fW.lawing stipulations: 1. �e vacated house on the rezor�� paroel shoulol be renoved f rom the site prior to the publishing of the rezoning ordinanae. (This woulol ensure that this structure which has kaeen a public safety nuisanc� would be r�naved even if the develognerit dici not prooeed. ) ^ 2. The proposed rezoning is for the develogaent as outlinec7 on the attaahed -2- �_-: ��.s� _��. k+,��i�r..._ ��� vi�#�_� _��, u�:. . : �� site plans and elevatio�ns only. 3. 79ne petitioner or her agoerrt agrees to manage the leasing of the of f ice spaoe in a fashian which would not create a rbeed for on-street parking. Should on-�treet parking result, the City may sic� the street as °no parking" and reguire that ao�ditional stalls be made available or the r�ea be reduaec7. 4. Rtitioner to work with staff on landscape refinements anci have an agreed- upon plan prior to City Co�cil approval. 5. Peti�ioner ta supply a storm clrainage plan which meets with staff apprwal prior to City Co�cil publ ic hearing. 6. l�titioner to supply a perf ormance bond or letter of credit in the �no�mt of 3� of the oonstruction value prior to issuance of a building permit. Mr. Betzold stated that the City had a long history of problens with the ol� burned out house an� g�tting any aooperation from the owner. He askec7 Mr. Robertson if Y� Yaacl any backgro�md inf ormaton on that. Mr. Robertson stated, yes, that information was includea in the files. There was a history af letters to the hcmeawner going back to about 1981. 2'here were a series of c�ocle aiolations and nuisance violations which ^ cvl.minated in a Crimina7. Action suit being f iled or� year ago, ancl the o�wner glea�in9 9��-Y• Mr. Brian Hanson stated he and Ms. Stinski were willing to answer any q�sti�s the Co�¢ni.ssion might have. Mr. Betzold stated he was a little concernecl about the history of the property whiere the a,mer was not very woperative in working with the City; yet the awner is now requesting help f ran the City. What assur ance s oloe s the City have that the a,mer was r�ow c�ing to be 000perative when there has been a long history o�E nonaooperation including a guilty plea to a crimi.nal c�aarge. Ms. Stinski stated she dicl not feel there was any lack of woperation on her part. EVery time Darrel Clark, the City Building Inspector, called her rec�-arding the house, she would get a carper�ter out ri�it away to board it up. It was very diffic�lt because the house is in the back of the lot ancl it is easy for teenagers to get back there anc7 break into the house again. She has boarc�cl the building up 12-15 times. She stated the building was burried anc7 guttecl prior to her aoquiring the property, but she felt she has always 000perated with the City when she was nati.f iecl to board the builaing up again She stated she had r�t torn the builc7ing clown i.n the hope that it would go hand in hand with the developaent. Mr. Betzold stated he j�t �antecl to be sure that, if s�mething happens anc] ^ the develogne.nt does not c� for�vard, the house will be renoved. -3- • -.�!�� ��l �,YIV� ..J. •� YI��.. _�\ �IS..f i 6C n Mr. Barna askecl if the petitioner has askea the Fire Departme,nt to � a test f ire drill. Ms. Stinski stated, �+es, she had, but becau.se af the close proximity to the apartrnent buildings, it aould not be cbr�. Mr. Hanson �ated they c� r�t have any problems with the stipulations as reoo�¢aenc�ed by staff. �ey seem logic�7. and appropriate and will make for a well clirected projec�. Ms. Rathleen Phillips statec� she was the manager for the Merrill Lynch Real Estate Building. She statec� they are talking about renting space in this new off ioe building and are very much in f avor of the proj ect. MO�ION bY Mr. Saba, sewnde� by Mr. Barna, to close the public hearing. ITPaN 1� VOICE V(71'E, ALL VOPIl� AYE, Q3A�RSCI�T BE�'L�,D DECLARED THE PUBLIC HEARING Q��ID AT 7s 45 P. M. Mor.zoN by l+�ir. Saba, sewndeci by Ms. Sherek, to recommend to City Council appraval of rezoning, ZOA #88-01, by Cheryl Stinski, to rezone from R-3 (General Multigle Dwelling) to (R-1 (General OFfi�) on gart of Lots 2 ana 3, Auaitor's Subdivision No. 25, the same being 1001 Hillwind Road N. E. , with the follawing stipulations: 1. The vacated house oal the rezorie� paroel should be renwecl f raa the site ^ prior to the puhli.shing of the rezoning orcainanoe. 2. 7he proposed rezoni.ng is for the c�evelognent as outlineol on the attached site glans ancl elevations only. 3. The petiticmer or her agerit agrees to manac�e the leasing of the of f ice spaoe in a fashion which woul� not create a rnedl for on�treet parking. Should on-str�t parki.ng result, the City may sign the �treet as "no parking" ana require that additional stalls be made available or the need be reduoed. 4. Petitioner to work with staff on landscape ref inements and have an agreed- upon glan prior to City Cot,ulcil appraval. 5. P�titioner to supply a storm clrai.nage plan whic:h meets staff approval prior to City Co�cil pub]. ic hearing. 6. Pptitioner to supply a performance bond or letter of credit in the aanotuit aE 3� of the contruction value prior to issuance of a builc7ing permit. UPON A VOICE VOrE, ALL VOPIl�iG A�, �iA�RSCi�T BEPZCI,D DECLARED THE MOTION C�RRIED U1�TIl++IOUSLY. P�r. Robertson stated this itera would go to City Co�cil on J�e 6, 1988. M �►I_ '�_ ` ';_�;. �_ �; ,T_ •� «�'viv� •� U� �.!a��. �Q.�1 by Mr. Saba, seoonded by Ms. Sherek, to receive the April 4, 1988, Parks & Recreation C�anmi.ssian minutes. ^ UPON A VOICE VO�EE, ALT, VOrIlQG A�, �A��GGN BETZCLD DECLARED THE 1�IOTIOI�T -4- •_,_�isN.�;_ ��:�i�� . ��� vi�l��4i. �r��-� ' -�� �"1 CARRIED UNANIlKA7SI,Y. ' �� L - ' �. _ ' ' �(Ju ; � � � •'��� �i_,_ �_�'�i�� • � u� �l �4 _ �. � by Ms. Sherek, sewnded by Mr. Barna, to reoeive the April 7, 1988, Hwnan Resouroes Commi.ssion minutes. UPO1J A VOICE VOI'E, ALL VOI'IlVG A�, �iAIlZPERSCN BErZ�D DEC�ARED THE M(3TION CARR7ED UA�TIlKOUSGY. �_�� L ' i . ' ' «�'ulUl • �, v� �� �4 �- �Q�y by Mr. Barna, seo�ndecl by Ms. Sherek, to reaeive the Apri1 26, 1988, Appeals Coimni.ssion minutes. UPON A VOI(E VOI'E, ALL VOl'Il�TC A�, Q3A7RPERSCI�T BETZ�D DE(�ARED THE MOTI0I�T (�,RRZED UI�TIl++IQJSLY. : �Q�,�Q�j by Mr. Saba, seaonc�ed by Ms. Sherek, to adjourn the meeting. Upon a voice vate, all vating aye, Qiairperson Betzold declared the l�ay 4, 1988, Pl anning Com�nissian meeting adj ournecl at 7: 50 p. m Respectfully stabnitted, � �ti� L aba � Reoording Secretary � -5- . �