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PL 10/07/2004 - 30871� � CITY OF FRIDLEY PLANNING COMMISSION OCTOBER 7, 2004 CALL TO ORDER Chairperson Kondrick called the July 21, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Saba and Brad Dunham. Leroy Oquist Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Brendan and Cheryl Klein, 1419 West Danube Road Heather Solberg, Menard Inc. 4777 Menard Drive, Eau Claire WI 54703 Yoava Klucsar, 1420 Rice Creek Road Gene Jankowski, 2812 31St Avenue NE, Minneapolis MN 55418 Carol Westorer, 6274 Benmore Drive APPROVE PLANNING COMMISSION MINUTES — July 21, 2004 MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the minutes of the July 21, 2004 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: Chairperson Savage announced that the first item on tonight's agenda, a public hearing for Plat PS #03-05, was placed on the agenda in error. 2. Consideration of a Vacation, SAV #04-04, bv the Citv of Fridlev, and Brendan � Chervl Klein for necessarv utilitv easement vacation to allow the exchanae of propertv in order to correct an encroachment on Citv owned land, qenerallv located at 1419 West Danube Road and Farr Lake Park. MOTION by Ms. Johns, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated in September of 2003 the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat �'� was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. At this time, the Klein's are seeking to 12 CITY OF FRIDLEY PLANNING COMMIS5ION MEETING, OCTOBER 6, 2004 Page 2 of 10 � vacate the unused drainage and utility easement under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. Ms. Stromberg explained that it had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these finro pieces of property. The replat of these finro pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. Ms. Stromberg further explained that the final plat went before the City Council on September 17, 2004 at which time the Klein's mortgage company also required that the City vacate the unused drainage and utility easement located under the Klein's swimming pool. Prior to the final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for their review. The City Council is also asking that the Planning Commission hold a public hearing on the exchange of properties between the City and the Klein's. Ms. Stromberg stated the City's Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore staff would recommend that the easement be vacated. �, Ms. Stromberg stated City staff recommends approval of Vacation Request, SAV #04-04. Staff also recommends approval of the land exchange between the City and the Klein's. Petitioners Brendan and Cheryl Klein stated they discovered the encroachment in May 2003, but it appears this goes back to a survey done in the sixties when this was originally platted. Ms. Klein explained they purchased the property in 1988 and put up a fence following instructions from the City. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:37 PM. Mr. Kuechle stated this seems like a straight forward request and he would be in favor. Mr. Kondrick commented that he is in favor of this proposal but wants to emphasize to all Fridley residents how critical it is that they be aware of the exact location of their property lines before doing any construction on their property. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend to City Council approval of Vacation request, SAV #04-04 and the land exchange befinreen the City and the Klein's. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE r'�1 MOTION CARRIED UNANIMOUSLY. 13 CTTY OF FRIDLEY PLANNING COMIVIISSION MEETING, OCTOBER 6, 2004 Page 3 of 10 �--�. � 3. Consideration of a street vacation, SAV #04-02, bv Menard Inc., to vacate unused portion of 53' Avenue, which will allow Menard's to rework their existing parkina lot. aenerallv located at 5351 Central Avenue NE. Ms. Stromberg stated the petitioner is seeking to vacate an unused portion of 53`� Avenue that feeds directly into their parking lot. Granting this vacation will allow Menard's to redesign their parking lot. The redesign will allow for additional parking spaces. Ms. Stromberg stated that earlier this year, Menard's was granted a special use permit to allow the relocation of their yard entrance to the north side of their building. The relocating of the entrance will keep all truck traffic into the yard on the north side of the building which is where their loading docks are located. Ms. Stromberg explained that both properties at 5351 Central Avenue (Menard's) and 5207 Central Avenue (Skywood Mall) are zoned C-3 General Business. The original building at 5351 Central Avenue (Menard's) was constructed in 1961. In 1965, storm damage to the building required reconstruction to its original design. An addition to the building was constructed in 1984 and in 1996 a special use permit was approved to allow agencies selling or displaying recreational vehicles, boats and marine equipment, machinery, manufactured homes, or other similar enterprises having merchandise in the open and not within an enclosed structure. Essentially, this special use permit allowed a lumberyard to sell and display lumber and other associated building materials within the rear yards of the subject properties. As a result of this special use permit, a sound wall / lumber shed was built. The original mall at 5207 Central Avenue was constructed in 1964 and in 1996 Menard's purchased the property. Upon purchase � of the building, Menard's razed the existing 2-story office building behind the mall to expand their storage area. Menard's is planning to expand their operation into the Skywood Mall and use it for their building materials department. Ms. Stromberg further explained that the portion of 53`d Avenue proposed to be vacated is located just east of the Ground Round (Applebee's) site and extends into the existing Menard's parking lot. If vacated, the petitioner would gain a 90 foot by 200 foot strip of land that would allow them to redesign their parking lot and add parking spaces. 53`� Avenue could not be connected through as it seemingly dead ends in the Menard's parking lot and would have to go through the Menard's property, through a severe grade change, and other single family lots to ever be extended. Ms. Stromberg stated that staff recommends approval of this vacation request with the following stipulations: 1. Petitioner to apply for land alteration permit prior to redesign of the parking lot. 2. Redesign of the parking lot entrance plan to be approved by the City Fire Marshall and Public Works Director prior to issuance of land alteration permit. 3. Redesign of the parking lot entrance to include two drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install stop signs at the exit points at the intersection of 53`� Avenue and Cheri Lane. 5. Fire lane to be striped and posted with °No Parking Fire Lane" signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. '`� 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 14 CITY OF FRIDLEY PLArR�1ING COMMISSION MEETING, OCTOBER 6, 2004 Page 4 of 10 ,.-.,\ 8. The fence enclosure shall be properly maintained and kept in good repair. 9. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. Chairperson Savage asked if staff has heard any comments from neighboring property owners. Ms. Stromberg stated there were two calls received but they were simply inquiring about the location of the vacation. Mr. Kondrick asked if the Fire Marshall is aware of these changes. Is he is concerned that there could be cars parked in the area being vacated which could block access for emergency vehicles? Ms. Stromberg explained that the Fire Marshall has agreed to this redesign and it is meeting the radius and lane width requirements for emergency vehicles. She also explained that the site plan reflects landscaping in the vacated area, but that landscaping will not be installed. Mr. Kuechle questioned why there is a statement that the drive aisles shall not exceed 26 feet when we're normally concemed with the minimum, not the maximum width. Ms. Stromberg stated 26 feet is the standard width for a drive access. The Public Works Director specified this stipulation because in an earlier drawing for this project, there was a 90 foot opening with no islands, no designated lanes, and no distinctions as to where people should be going in and out of the site. The Public Works Director felt it is important to define where the drive aisles will be, where the entrance is, where the exit is and reduce the size of the �� drive aisle. Ms. Johns commented that there are other access points to this parking lot and the Menard's building. Ms. Stromberg also pointed out that the Fire Marshall and Public Works Director will have to give their approval prior to issuance of the land alteration permit. She also offered to share the board's concems regarding safety with the Fire Marshall. Heather Solberg, representing Menard's, stated this vacation will provide an increase in parking spaces. She explained that the majority of their customers will park as close to the store entrance as possible and the vacated area is quite a distance from the entrance. She didn't believe there would be a significant amount of parking in that area except for peak times. Ms. Solberg stated this vacation will provide a safer entrance to the Menard's parking area. She added that Menard's agrees to all stipulations. MOTION by Mr. Kuechle, seconded by Mr. Kondrick to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:00 PM. Mr. Saba commented that he shares the same concerns as Mr. Kondrick but believes they are being addressed. '"'� MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to the City Council, approval of Vacation request, SAV #04-02 by Menard, Inc., to vacate an unused portion of 53�d Avenue, 15 CITY OF FRIDLEY PLANI�TING COMNIISSION MEETING, OCTOBER 6, 2004 Page 5 of 10 �\ which will allow Menard's to rework their existing parking lot, generally located at 5351 Central Avenue, with the following stipulations: 1. Petitioner to apply for land alteration permit prior to redesign of the parking lot. 2. Redesign of the parking lot entrance plan to be approved by the City Fire Marshall and Public Works Director prior to issuance of land alteration permit. 3. Redesign of the parking lot entrance to include finro drive aisles that shall not exceed 26 feet in width each. 4. The petitioner shall install stop signs at the exit points at the intersection of 53`� Avenue and Cheri Lane. 5. Fire lane to be striped and posted with "No Parking Fire Lane° signs. 6. The petitioner shall meet accessible parking requirements and identify stalls. 7. The petitioner to provide easements for the purposes of accommodating City and other utilities. 8. The fence enclosure shall be properly maintained and kept in good repair. 9. All emergency access routes shall be kept free from materials, display and clutter that will block or deter the safe passage of emergency vehicles. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Consideration of a Preliminarv Plat PS #04-5 bv Yoava Klucsar to divide one s�ngle familv lot mto two sinae familv lots qenerallv located at 1420 Rice Creek � Road NE. 5. Consideration of a Street and Allev Vacation SAV #04-03 bv Yoava Klucsar to vacate an unimaroved portion of Carlton Street and an unimproved 12 foot allev. located on the northeast side of the aetitioner's properlv. these vacations would allow a plat without encumbrances aenerallv located at 1420 Rice Creek Road NE. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:01 PM. Ms. Stromberg stated she would like to address both of these items at the same time. She explained the petitioner is seeking to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley on the northeast side of his property. These vacations will allow a plat without any encumbrances. The petitioner is also seeking to replat his property located �t 1420 Rice Creek Road into finro single family lots. Ms. Stromberg explained that the existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or wasn't issued a building permit. A second garage was constructed in 1991 and is located next to the home. In order for that garage to be constructed, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. The lot is approximately 193 feet by 238 feet, which is 42,208 square feet. The petitioner plans to subdivide the lot into 2 singe family lots, one of which will accommodate the existing home and the second garage that was constructed in 1991; and the '"1 other will accommodate the original garage and will allow for the construction of a new single- family home. 16 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 6 of 10 �� Ms. Stromberg stated that Fridley requires lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be approximately 117 feet in width and 28,461 square feet in size after the replat. The proposed Lot #2 will be approximately 77 feet in width and 17,747 square feet in size after the replat. Ms. Stromberg further explained that while preparing the preliminary plat, the petitioner's surveyor discovered that an unimproved 30 foot portion of Carlton Street and an unimproved 12 foot alleyway exists on the property and has never been vacated. Neither the street or alley could be utilized or connected through, nor are there any underground utilities that would cause the street or alley to not be vacated. Therefore, the engineering department supports this vacation request. Ms. Stromberg stated staff recommends approval of this street and alley way vacation and the preliminary plat based on the following: • Neither street nor alley could be utilized or connected through. • Proposed lots exceed the size standards required by the City of Fridley zoning code. • Provides additional homeownership opportunities for Fridley residents. Ms. Stromberg also stated that if the vacation and plat are granted, the following stipulations be attached: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. ^ 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. Ms. Johns asked if Stipulation #7 is triggered by the start of construction or completion of construction of the new home on Lot #2. Ms. Stromberg responded the home must be started. Petitioner Yoava Kluscar stated he doesn't need all this land and would like to subdivide and sell off a portion of it. Chairperson Savage asked if Mr. Kluscar if he agrees with the stipulations. Mr. Kluscar responded that he does. Carol Westover, property owner to the southeast of this parcel, questioned what the front yard � setback for the new home will be, what the setback of the garage on Lot #2, what the side yard 17 CTTY OF FRIDLEY PLANNING COMIVIISSION MEETING, OCTOBER 6, 2004 Page 7 of 10 � setback will be for the home, and how the hill on the comer of this property that adjoins her property will be handled. Ms. Stromberg explained the minimum front yard setback from Rice Creek Road will be around 63 feet for the new home. The required setback is 35 feet but because the petitioner's house is setback so far on the lot, the new home will have to be set back at least 63 feet. The existing garage on Lot #2 at the closest point is 5.66 feet from the east property line. Detached garages can be located 3 feet from the property line. The new home must be a minimum of 10 feet from the side property line for living space. Ms. Westover questioned if the items that are currently being stored in and around the garage on Lot #2 will remain. Ms. Stromberg responded that the petitioner plans to sell the property and she is not aware of what the buyer's intentions would be, but assumes the current storage items belong to the petitioner. Ms. Johns commented that one of the stipulations staff has recommended is that the garage must be made compatible with the new home, so there will be some improvements made. As far as Ms. Westover's concern about the hill on the corner of this property, Ms. Stromberg if there is a severe grade change, a grading and drainage plans would have to be submitted to City staff with the building permit for the new house. MOTION by Mr. Kondrick, seconded by Mr. Kuechle to close the public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:15 PM. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of Vacation request, SAV #04-03, by Yoava Klucsar, to vacate an unimproved portion of Carlton Street and an unimproved 12 foot alley, located on the northeast side of the petitioner's property, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. ', CITY OF FRIDLEY PLANNING COMNIISSION MEETING, OCTOBER 6, 2004 Page 8 of 10 � MOTION by Mr. Kondrick, seconded by Ms. Johns, to recommend to the City Council, approval of preliminary plat request, PS #04-05, by Yoava Klucsar, to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road, with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Petitioner to provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot #2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot #2 shall be made compatible with the future residential structure on this site through the addition of a residential roof design and siding. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 6. Receive the minutes of the Julv 1 2004 Housina and Redevelopment Authoritv meetina. !� MOTION by Mr. Saga, seconded by Mr. Kondrick to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 7. Receive the_minutes of the Aupust 5 2004 HousinA and Redevelopment Authoritv meetinq. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 8. Receive the minutes of the September 3 2004 Housinq and Redevelopment Authoritv meetinq. MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 9. Receive the minutes of the Julv 14 2004 Appeals Commission meetinq MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes as presented. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 19 CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 2004 Page 9 of 10 '� 10. Receive the minutes of the Auqust 11, 2004, Appeals Commission meetinq MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 11. Receive the minutes of the Seatember 8 2004 Aqueals Commission meetinq MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 12. Receive the minutes of the Julv 20 2004 Environmental Qualitv & Enerav Commission meetina. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 13. Receive the minutes of the June 7 2004 Parks & Recreation Commission meetina. � MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 14. Receive the minutes of the September 21 2004 Environmental Qualitv 8� EnerAV Commiss�on meetina MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. OTHER BUSINESS: Ms. Stromberg stated the October 20�' Planning Commission meeting has been cancelled due to a lack of submitted items. The next regular meeting will be held November 3. Ms. Stromberg encouraged the Planning Commission members and the viewing public to attend the third housing forum on October 14, 7:00 p.m. at the Fridley Community Center. ADJOURN MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn. 2� CITY OF FRIDLEY PLANNING COMNIISSION MEETIlVG, OCTOBER 6, 2004 Page 10 of 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE ^ MOTION CARRIED ON A UNANIMOUS VOTE AND THE MEETING ADJOURNED AT 8:20 PM. RespectFully submitted Brazys � Secretary � �-1 21 � � �, CITY OF FRIDLEY SIGN-IN SHEET i PLANNING COMMISSION MEETING - i � � � � � � � I ______________________________________________________________ � - � _r -'.. L` �7�3 _ .� � � � , , I . :�� � •_ �� ( �e si� �c� . Address/Business l �� D ��-�—v lLit- ��. /y/�'L� %��v G���T �r���u�3C �� - �a� � : �--�. ' �� �.� d� �� � 3