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PL 06/02/1999 - 30970�� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 2,1999 CALL TO ORDER: Vice-Chairperson Kondrick called the June 2� 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Connie Modig, LeRoy Oquist, Brad Sielaff, Larry Kuechle Members Absent: Diane Savage, Dean Saba Others Present: Paul Bolin, Planning Assistant Dave Sallman. Public Safety Director Rosie Griep, Public Safety Projects Coordinator Dennis Schneider, 6190 Stinson Boulevard APPROVAL OF MAY 5 1999 PLANNING COMMISSION MINUTES: � : � MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the May 5, 1999, Planning Commission minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF REZONING REQUEST, ZOA #99- 02 BY THE CITY OF FRIDLEY: Per Section 205.09.01.A.(1) of the Fridley Zoning Code, to rezone a parcel from R-2, Two Family, to R-3, General Multiple Units, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Bolin stated the City of Fridley is making the rezoning request. Staff is seeking to rezone property located at 7411 University Avenue from R-2, Two-Family Units, to R-3, General Multiple Units. The request is being made to correct an error on the zoning maps, to comply with the settlement of a previous lawsuit, and to allow multi-family � development including owner-occupied townhomes, 3.01 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 2 � Mr. Bolin stated the R-2 zoning allows two-family dwellings, single family dwellings, and single family attached as long as there is a minimum lot area of 5 acres. By changing the zoning to R-3, those uses, as well as the multiple dwelling complexes, would also be allowed. Mr. Bolin stated the parcel is currently vacant and has been vacant since it was platted. There is a 12-unit apartment building located to the north of this site and another 12-unit apartment building to the south. To the east is R-1, Single Family zoning, and Grace Lutheran Church. To the west is Highway 47/University Avenue. Mr. Bolin stated the property was platted in 1963. At that time, Mr. Ed Chies obtained building permits to construct an 8-unit apartment on the lot but did not build it. The property at that time was zoned R-2 which at that time allowed multiple family units. In 1964, the City changed the R-2 zoning to allow only duplexes and single family homes. In 1970, Mr. Chies tried to obtain his original building permit that had expired and subsequently took the City to court. The settlement reached at that time allowed the R- 3 standards to apply to this property. In 1986, the zoning maps were redrawn to show the property as R-3, but the parcel was never officially rezoned. In 1988, the City Attomey send a memo stating the parcel should be rezoned to R-3; however, to date, the rezoning has not been processed. In 1994, there was a proposal for a 7-unit condominium project, which was later withdrawn. In 1999, the City received a variance and replat request for this property for a 7-unit owner-occupied townhome complex. �� When reviewing the address file, current staff discovered the discrepancy in the zoning. Mr. Bolin stated staff recommends approval of this rezoning. It would correct the error on the zoning map, conform with the settlement of the previous lawsuit, meet requirements of the memo of the City Attomey, and would allow owner-occupied townhomes on the site. Mr. Kondrick asked if staff had received any comments from the neighbors. Mr. Bolin stated staff had not received comments on the rezoning request. Staff has had comments regarding the replat and the variance request. Mr. Oquist asked for the status of the replat request and the variance request. Mr. Bolin stated the replat request is to replat the property into 7 lots and the variance request is to reduce the rear yard setback from 40 feet to 19 feet. The City Council acted on the variance request first and tabled it. The City Council was not willing to grant the variance for the rear yard setback and asked the petitioner to re-examine his request. They suggested reducing the number of units to 6 in order to reduce the variance. As a result, the plat request was not acted upon. These requests will be coming before the City Council again on June 14 as well as this rezoning request. �, Mr. Kuechle asked if the apartment properly would remain zoned as R-2. 3.02 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 3 Mr. Bolin stated, yes. Once the comprehensive pian is completed, then staff will examine making more changes in that area. He thought they would eventually be rezoned. He was sure there would be concems from the neighbors as far as maintaining some kind of buffer between the R-1 and an R-3 district even though those are R-3 uses in an R-2 district. At this time, staff feels they should wait until the comprehensive plan is completed before proceeding. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICKECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:42 P.M. Ms. Modig stated she had no problem with the request. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Rezoning Request, ZOA #99-02, by the City of Fridley, to rezone a parcel from R-2, Two Family, to R-3, General Multiple Units, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. d� Mr. Bolin stated this item would be considered by the City Council on June 14. 2. Y2K UPDATE FOR PUBLIC SAFETY: Mr. Sallman stated he is the public safety director and the emergency management director. Most experts do not feel Y2K is going to be a big issue. The difFculty in planning for this is planning for something that probably isn't going to happen. He has spoken with the utility companies, i.e. electrical, gas, telephone, etc., and they say there is no greater risk than what currently exists. Mr. Sallman stated the question is why the City is concemed with Y2K. It becomes an insurance issue. The City has been working on this issue since the beginning of last year. They replaced the police computer system, which needed replacement anyway. The phone system will be replaced in June. The primary critical service is sewer and wat�r. The water has a 24-hour capacity. The sewer system may be more of an issue because the lift stations go down very quickly. They have purchased generators to provide for that so there is no break in service should there be no electricity. A number of contingency plans are in place. If anyone has questions about those plans, they can contact staff. Mr. Sallman stated the City has added staff for New Year's Eve. One concem for emergency planners is people. He would suggest keeping some extra food around. He 3.03 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 4 ,.� would also suggest people not take all their money out of the banks. If you need some cash, take it out early. Information will be communicated through the City newsletter, the City web site, cable television, senior groups, and handouts. Mr. Bill Champa at the City is the coordinator and can also be contacted for questions. Mr. Sallman stated someone asked a question about what would happen if the computers mixed chemicals wrong. His response to that is they would handle it the same way they would today. Ms. Griep stated the hazardous chemical facility is probably better prepared than other places because they are working on their plans continuously. 3. RECEIVE THE MINUTES OF THE APRIL 5. 1999. PARKS & RECREATION COMMISSION MEETING: MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the minutes of the April 5, 1999, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE APRIL 1. 1999. HOUSING & �� REDEVELOPMEIVT AUTHORITY MEETING: n MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the April 1, 1999, Housing & Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APRIL 20. 1999. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the minutes of the April 20, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APRIL 28. 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the April 20, 1999, Appeals Commission meeting. 3.04 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 5 � UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE APRIL 28. 1999. HOUSING & REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Ms. Modig, to receive the minutes of the April 28, 1999, Housing & Redevelopment Authority meeting. UPOIV A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 8. RESEARCH ON ZONING TEXT AMENDMENT Mr. Bolin stated the memo dated 5/14/99 is for the Commission's information. The Appeals Commission at the last three out of four meetings has dealt with requests to reduce the front yard setbacks for additions and remodeling for homes in Fridley. These requests have come as a result of the remodeling handbook that was published. In order to accommodate residents in fixing up homes, staff is looking at proposing a text amendment to reduce the setback that is currently at 35 feet. `'� Mr. Bolin stated Mr. Martig has been doing comparisons to other cities in the metropolitan area to try to come up with a number that would allow for many of the plans that are shown in the handbooks to be done without variances and still meet the City's needs. It makes sense for people to invest in their homes and for the City to remove one barrier to enhancing their property. Mr. Kuechle asked what action would the City like the Appeals Commission to take. The second page of the memo states clearly that they do not meet the undue hardship requirement. If the Appeals Commission is to take that literally, they probably will not approve any of the requests. Mr. Bolin stated the last three requests have been approved because they were within previously granted variances. At least two of the three did have some concerr�s with relatives with physical disabilities and access to the home. There was some hardship shown in the cases they have had so far. That may not be the case in the future. The housing division and planning staff decided it was time to re-examine the front yard setbacks. It did not make sense to encourage people to add on to their homes if the code would not allow it. The plan is to reduce the front yard setback to something less than 35 feet. The exact dimension has not yet been determined. He would anticipate it would be approximately 27 or 28 feet. Mr. Kuechle stated he would like some direction for the Appeals Commission. From the �"� information provided, it appears that the current requests should be denied. Most of the 3.05 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 6 � requests were within the range of 27 or 28 feet. He asked if they were going to get more of the requests for two-car garages where a one-car garage now exists. ,''°1 Mr. Bolin stated there is talk about specific language that this is for front entrances. The past requests have been covered porches and not necessarily garages. 9. HOLIDAY STATION STORE Mr. Oquist stated he would like to express his frustration and disappointment with the City Council regarding the Holiday station on Highway 65. The Planning Commission voted 5 to 1 to deny that special use permit and the City Council approved it anyway. He thought the Planning Commission had legitimate concems about safety, the affect on the neighborhood, and traffic pattems. Now that they have had an opportunity to drive on the new intersection, he thought they had better seriously take a look at the safety issues and the traffic situation. He almost had an accident a few days ago. Someone pulled out of the existing gas station and didn't think they had to stop. He came off Highway 65 to go up to Hathaway Lane. Because the other person did not want to stop, he had to slam on his brakes. He thought they were opening themselves up for safety issues for that convenience store. The people from Moore Lake are going to cross there and are going to be hit by cars. The way that intersection is now laid out, unless they put up a stop light for the gas station and for those people coming off Highway 65, there is the potential for an accident. There will also be more traffic than there is today because this is a convenience store and a big gas station. Mr. Oquist stated he understantls the item is tabled and the City Council is going to go back and review the special use permit that was issued back in 1976. He is frustrated and disappointed because the City Council did not take into consideration the 5 to 1 vote of the Planning Commission and the concems expressed. He plans to attend the City Council meeting and speak as a citizen of the neighborhood. The Planning Commission spent quite a bit of time reviewing the proposal, voted 5 to 1 to deny, and three of the City Council members still approved the request. Ms. Modig stated she agreed. She lives in that area and that is her main thoroughfare In and out. She feels it is totally inappropriate to have a convenience store there because it is going to create problems with Moore Lake, and it is going to create problems with the additional traffic that will be coming from the Medtronic development. She thought the potential is there for a real disaster. Mr. Oquist stated he thought there was also an issue because the wooded property was not zoned properly. Either they have to withdraw the car wash or rezone the property. He thought that was tabled as well. 10. CODE ENFORCEMENT Mr. Kuechle stated there was an interesting article in the Tuesday edition of the �--� Minneapolis paper on Roseville's efforts on code enforcement. The article talked about 3.06 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 7 � that city's efforts to try to maintain the quality of housing, the quality of the city, and some of the difficulties they have encountered. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 2, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 8:10 P.M. RespectFully submitted, � a onn Cooper � Recording Secretary ,� �^� 3.07