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PL 01/17/2007 - 29920CITY OF FRIDLEY PLANNING COMMISSION MEETING JANUARY 17t", 2007 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Diane Savage, Jack Velin, Leroy Oquist, David Kondrick, Dean Saba, Larry Kuechle OTHERS PRESENT: Stacy Stromberg, City Planner Julie Jones, Planning Manager Scott Hickok, Community Development Director Gordon Sangster, 7169 Riverview Terrace Monte Gonia, 117 Alden Circle NE Maynard Nielson, 7144 Riverview Terrace APPROVE OF MINUTES: 1. Approval of December 6th, 2006 Planning Meeting minutes MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #07-01, by Gordon Sangster, to divide one single family lot into two single family lots, generally located at 7169 Riverview Terrace. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Stacy Stromberg, City Planner, stated the petitioners, Gordon and Angela Sangster, are seeking to replat the property located at 7169 Riverview Terrace in order to create two single-family lots. The subject property is zoned R-1, Single Family as are all surrounding properties. It is located on the corner of Riverview Terrace and 71 1/2 Way. The existing home and attached garage was constructed in 1966 and a porch addition was constructed in 1980. The existing lot is approximately 95 ft. by 226 ft. The petitioners plan to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the other will allow for the construction of a new single-family home. Ms. Stromberg stated that Fridley requires that lots in the R-1 Single Family 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 103 feet in width and 11,200 square feet in size after the replat. Proposed Lot #2 will be 110 feet in width and 10,000 square feet in size after the replat. Both lots will meet the minimum lot and set back requirements. Ms. Stromberg stated that city staff has heard from three neighboring property owners who are in opposition of the proposed preliminary plat request. From our discussion with them, they are simply in opposition of the request because they don't want to see another single family house on the subject property. Two letters in opposition have also been received. City Staff recommends approval of this preliminary plat request, with stipulations. The lots exceed minimum size requirements and this will provide additional homeownership opportunities for Fridley residents. Ms. Stromberg stated that City Staff recommends that the following stipulations be placed upon approval of this request. 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 a 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. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale of the lot occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. Gordon Sangster, 7169 Riverview Terrace, has lived on this lot for 40 years. At the time the home was built we realized it was a large lot. It was great for raising the children but now we would like to split the lot to allow another single family lot. City Staff has been very helpful in this process and Mr. Sangster feels this is a proper use of the property. Commissioner Savage asked if Mr. Sangster has had any discussions with the neighbors who oppose this lot split. Mr. Sangster replied no. Commissioner Kondrick asked if Mr. Sangster had any problems with the stipulations. Mr. Sangster replied no. Commissioner Kuechle asked if Mr. Sangster had any plans as to what will be built on the lot or if he just plans to sell the lot. Mr. Sangster answered that he just plans to sell the lot. Maynard Nielson, 7144 Riverview Terrace, stated that he is speaking on behalf of his daughter Michelle Wold who lives at 133 Alden Circle. This new house would back up to his daughter's lot and they oppose this request. The petitioner is moving and will not live with the condition he is creating. Monte Gonia, 187 Alden Circle, strongly disagreed with this request. He moved to Fridley because of the privacy and large lots. He does not want to see this lot split. He questioned how the petitioner would feel if a neighbor did this to him when he was raising his family. The petitioner is moving so he won't have to worry about what it will look like. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Commissioner Kondrick said he drove by the property and tried to envision the lot split. He stated that a property owner has the right to do with their property what they wish. This is a big lot and even splitting the lot, both lots will still be good size. He can understand the opposition but can't say this cannot be done. The lots will be large enough; it is a beautiful neighborhood and cannot vote against this request. A nice home will be built there. Chairperson Savage agreed that there was no alternative but to approve the request as the law permits and the lot is within city code requirements. She sees no basis to deny this request. Commissioner Kuechle agreed that this request meets the requirements and did not see another option but to approve the request. Commissioner Saba stated that he also drove by the property and understands how change will impact the area. The City has standards and this will exceed their standards. Commissioner Oquist concurred with the others and added that this will be a buildable lot that exceeds minimum requirements. MOTION by Commissioner Kondrick to approve the consideration of a Preliminary Plat, PS #07-01, by Gordon Sangster, to divide one single family lot into two single family lots, generally located at 7169 Riverview Terrace 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 a 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. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale of the lot occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. This matter will be heard before the City Council on February 12th. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Receive the minutes of the November 6th, 2006, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the December 4th, 2006, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the November 14th, 2006, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Kuechle to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Stacy Stromberg, City Planner, presented 2006 year in review. In 2006 the Planning Commission reviewed one Master Plan Amendment, one Plat request, 12 Special Use Permits, 3 Street and Alley requests and 3 Text Amendments. How does this compare to other years? 2005 was a big year as we had 10 Text Amendments that year. 2006 was a normal workload receiving a total of 20 applications. Photos were shared of Hilltop Trailer Sales and K& N Labs which were two of the projects from 2006. Ms. Stromberg thanked the Planning Commission for their hard work in 2006 and wished them a Happy New Year. Scott Hickok, Community Development Director, shared a few updates from City Council. The Planning Commission will recall that the John DeMello project, located at Old Central and Mississippi, was approved two years ago for the master plan and the plat for 70 condominiums and 10,000 square feet of commercial/retail mixed use space. Mr. DeMello is requesting an extension on the plat. Once the plat is approved they have six months to file. They have asked for several extensions. The market space of the area has raised some concerns and the retail space needs to be sold before the condominium units. There is a lot of interest on the condominium units but not so much interest in the retail mix property. Currently there are three investors interested in the retail area and hopefully they will close in February. Their extension request would take them through mid June. Mr. Hickok stated that the development across the street, the Town Center Development, has recently requested to put up a sales trailer on the site for condominium sales. Everyone is asking what is happening to Sandee's Restaurant. The developer has indicated interest in a restaurant and will probably redevelop Sandee's. The developer is dealing with market forces and when they first started the bank would finance up to 30% of the sold units. With the market slowing down, the bank has changed to finance 70% of the sold units. It is difficult for the developer to sell the units sight unseen. Their interest to place a trailer on the lot to help sell the units and envision what the units will look like on site should help the sales. Commissioner Kuechle questioned how many units are to be built on this site. Mr. Hickok, replied that this is a 54 unit building. It was originally set up in an "L" shape but neighbors had concerns about the height of the building. In response to the neighborhood concerns, the height was reduced and the configuration changed to a"C" shape. This will be a 54 unit building with underground parking. The sale of the units is causing delay in construction. Mr. Hickok wished Commissioner Kondrick Happy Birthday on behalf of the City Staff. He also thanked Jack Velin forjoining the Planning Commission. Jack is a long time Commissioner member and volunteer for the EQEC. Recently Jack was nominated chair of the EQEC and will now sit in on the Planning Commission in place of Barbara Johns. Mr. Hickok thanked Barbara Johns for her contributions to the Planning Commission. ADJOURNMENT: MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:55 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary