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SP 76-07AK Planning Commission Meeting - June 23, 1976 Page 5 successful to get it off the grounds and told the Commission they had agreed to meet once a month. Chairperson Harris asked if the Bikeway*Committee was doing anything, and Mr. Bergman said that the Chairman of that committee should be at the next Planning Commission meeting to bring them up to date. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission receive the minutes of the Community Development Commission meeting of June 8, 1976. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE APPEALS COA'IMISSION MINUTES: JUNE 15, 1976 Mrs. Uabel said she would like a correction made on page 4 of the minutes, third paragraph from the bottom. She stated she would like the following sentence added before that paragraph: "Mrs. Gabel said she did not like this procedure, and that while the variance was in order the procedure was not, and if it would happen again she would very strongly object". She said this should be followed by the sentence starting "Mr. Kemper said...." and "and Mrs. Uabel agreed" should be stricken.. She stated that when she said she agreed she meant her statement should also go on the record. MUTION by Mabel, seconded by Peterson, that the Planning Commission receive the minutes of the Appeals Commission meeting of June 15, 1976. Upon a voice vote, all voting aye,the motion carried unanimously. Mr. Boardman told the Commission that the City Council had acted on the variance request by Mrs. Sporre at their last meeting, and had approved it according to what the Board of Appeals said. He commented that it was a bit out of order and the Staff was a little upset by this also. Mr. Boardman said the .Appeals commission should have tabled the item since she did not have all the necessary signatures that night and requested that City Staff send out notices per procedure. Mrs. Uabel said that was why they put on all'the stipulations. 61PUBLIC HEAR.INU: REQUEST FOR A SPECIAL USE PERMIT, SP 03-072 BY NANCY MELBIE: To allow a child care center for ten children, per Fridley city Codes `ection 205.0512 3' F. in an K-1 Zone (single family dwelling areas), to be located on Lot 12, Block 3, Meadowmoor Terrace Addition, the same being 1346 Meado�ncr►ooDri�eN_ER Mrs. Nancy Melbie was present, along with Terry Nagel of the Social Services Department of the Anoka County Welfare Board. MOTION by Bergman, seconded by Gabel, that the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #76-07, by Nancy Melbie. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 8:25 P.M. Mr. Boardman said that as stated, this would be a Special Use Permit for a child day care center, and Mrs. Melbie would be having ten children there. He submitted to the Commission a statement of approval signed by ten of Mrs. Melbie's neighbors. Planning Commission Meeting - June 23, 1976 Page 6 Chairperson Harris read the following statement out loud: "I, Nancy Melbie, am making application for a Special Use Permit to the City of Fridley, for having ten full-time children at my Day Care. My yard will be fenced and they will be kept on my own property. I need to advise you of this, and I request your signature for permission or refusal of permission. If you refuse, please state reason for refusal." Mr. Harris noted that all ten neighbors had given their approval. MOTION by Shea, seconded by Bergman, to receive the petition of approval. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Boardman stated that since the neighbors have been contacted and there are no written objections, City Staff has no objections to the proposal. He asked if Mrs. Melbie was licensed with the state, and Ms. Nagel replied she was licensed by the State of Minnesota to care for five, and had been operating since November, 1975. She stated that Mrs. Melbie would like to expand to include a greater number of children; and although the state didn't necessarily require a new permit she must meet city codes to carry on her business. Mr. Boardman said that Fridley City Code, Section 205.051, 3, F. would allow a child day care center for ten children in a R-1 Zone. Mr. Langenfeld-asked if this would fall under the category of nursing homes, and Mr. Boardman said the code did not really say day care center, but they interpreted a day care center as that type of operation in which there is caring for more than five persa as. Ms. Nagel said she understood the reason they needed a Special Use Permit was because Mrs. Melbie planned to hire someone to help her since she would be taking children under three years old. Mr. Boardman stated that as far as the Special Use Permit was concerned, they felt this would be regulated under the hospitals, nursing homes, etc., since Mrs. Melbie would be hiring outside of her home. Chairperson Harris asked about the traffic involved in loading and unloading children, and Mr. Boardman replied that ten children wouldn't provide heavy traffic. Mr. Harris asked what the hours of operation would be, and Mrs. Melbie said basically from 6:00 - 5:30, but'they varied depending on the hours of the parent. Mr. Harris questioned if there would be parking for long periods, and Mrs. Melbie replied it would only be a matter of seconds. Mr. Harris then asked if off-street parking would be provided for the assistant, and Mrs. Melbie said that her assistant lived right next door. Chairperson Harris asked if they didn't require the Fire Marshall to look at this, and Mr. Boardman replied that the Welfare Department checked that. Mr. Harris asked how large the fenced -in area was, and Mr. Boardman replied that the lot size was 75 X 120 so there was probably a 50 X 75 back yard. Mr. Langen- feld asked if Mrs. Melbie had the proper liability coverage from an insurance standpoint, and she said she did. MOTION by Peterson, seconded by Bergman, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #76-07, by Nancy Melbie. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 8:35 P.M. planning Commission Meeting - June 233 1976 Page 7 MOTION by Peterson, seconded by Langenfeld, that the Planning Commission recommend to the City Council approval of the request for a Special Use Permit, SP #76-07, by Nancy Melbie, to allow a child care center for ten children, per Fridley City Code, Section 205.051, 3, F. in an R-1 Zone {single family dwelling areas), to be located on Lot 12, Block 3, Meadowmoor Terrace Addition, the same being 1346 Meadowmoor Drive N.E. Upon a voice vote, all voting aye, the motion carried unanimously. 2. -PUBLIC HEARING: CONSIDERATION OF A PRELIVUHARY PLAT P.S. #76-05 .INNSBRUCK NORTH REPEAT THIRD AllilI`PIG,`�, BY DARi�r:L A. r'l�Hd I)EVELOY�ENT CORPOi.ArIO;c: 13ei; a replat of Lots 1 to h inclusive, Blocks 21 through 20, and also part of Lot 1. Block ots Innsbruck Forth Town houses Third Addition, to allow changes in the size of garages, generally located on the West side of East Bavarian Pass and South of Meister Road N.E. Chairperson Harris informed the Commission that Mr. Jim London had called him before the meeting to let him know he would be late, and he suggested that this public hearing be delayed until the arrival of Ir. London. MOTION by Peterson, seconded by Gabel, to temporarily table the Public Hearing on consideration of a preliminary plat, P.S. #76-05, Innsbruck North Replat Third Addition, by Darrel A. Farr Development Corporation, until Mr. London arrived. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #76-08 BY PHILLIP M. WILLSON To perrait the conversion of a one -family, two-story house to a two-family.hquse in an R-1 District (single family duelling areas), per Fridley City Code, Section 205.051, 31 D, to be located on Lot 21 Block 1, Froid's Addition, the same being 401 Ironton Street N.E. Mrs. Phillip Willson explained she was present to represent her husband, who was ill and could not attend the meeting. MOTION by Bergman, seconded by Shea, that the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #76-08.,. by Phillip M. Willson. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 8:10 P.M. Mr. Boardman explained that this was a two—story frame home, and according to the City Code they can't develop a two-family home within a R-1 area. He showed the Commission a picture of the house, and said it was located on the North side of Ironton Street just East of a present two-family dwelling unit that was bung built. Mr. Boardman said that at this time the City Staff would have no objections to a two-family dwelling as far as zoning purposes go; and they felt that if the design of the structure was proper they could envision a two-family dwelling with no trouble. Mr. Bergman asked if the two -dwelling structure that was being built next door would be classified as a double bungalow and fall under those requirements. Mr. Boardman said it fell under the requirements of a two-family structure as far as parking requirements, etc., but it still is in a R-1 area. REGULAR MEETING OF JULY 12, 1976 �� PAGE Councilman Starwalt stated that he recognized th , the Planning Commission did recommend that it not be rezoned and the rezoni for that is very good,, but he has a different interpretation of the matter. He said his interpretation is that the persons probably most affected, if at all, in any future action would be the persons immediately to the north and the families to the north on the corner of Mississippi and State Highway 65. He had talked to the residents in the area, and his belief is that this sort of usage would be best for the City in the long run over possible future apartments that could be put in there. The people on Dellwood, east of the affected property, didn't express any objection; in fact, they indicated they mould rather see commercial there than to see it vacant. Councilman Starwalt went on to say that if we are to deny it, let's deny it for the proper reasons. Spot rezoning is to be avoided except where circumstances warrant approval. He is trying to look at the effect that the commercial pattern would Ilave in consolidating or enhancing the particular area over what it is now. The owners directly to the north, although this is residential, do not have City gas and have not been able to get it except at a considerable expenditure. They are inclined to think if it were rezoned that out of the process they\ity gas and this would certainly be to their advantage. WbU- L�) qt; Some of the audience briefly remarked that they objected to the rezoning. Some of them felt that rezoning 0ould improve winter parking conditions in that the office building would not have snowbirds and would not create other winter parking problems to the residents in the area. MOTION by Councilman Starwalt to waive the reading and adopt the ordinance upon first reading. Seconded by CcunciIwoman Kukowski. A roll call vote was token. Council- woman Kukowski voted nay, Councilman Fitzpatrick voted nay, Mayor Nee voted nay, Councilman Hamernik voted nay, Councilman Starwalt voted aye. Mayor Nee declared the motion failed to pass by a four to one vote. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY (SERVICE STATIONS): Mr. Brunsell, Finance Director, stated that the administration has taken a look at the expenses involved. A survey was made of the time - spent and from that it is the recommendation that the fees be increased from $30 a year to $60 a year for service stations. Mayor Nee remarked that he was very impressed with the work that was done in this matter. The City Manager said the administration will continue to bring these matters to a more frequest scrutiny than has been done. MOTION by Councilman Fitzpatrick to waive the reading and adopt the ordinance on first reading. Seconded by Councilwoman Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 508 OF THE CITY CODE OF THE CITY OF FRIDLEY RELATING TO PARKS AND PARKWAYS: MOTION by Councilman Fitzpatrick to araive the reading and adopt the ordinance on first reading. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 23, 1976: Li NANCY MELBIE, SPECIAL USE PERMIT, SP.167-07, 1346 h1EADOWMOOR/ DRIVE: The Public Works Director said this is a request for a Special Use Permit to allow the operation of a child care center and that the Planning Commission had approved the request. Nancy Melbib, the petitioner, was present and said that she has the facilities to take care of the children. The fire inspection showed the home was in good shape but that it would have to have two smoke detectors, and she will be getting them very soon. MOTION by Councilman Starwalt to concur with the Planning Commission and approve the Special Use Permit. Seconded by Councilwoman Kukowski, and upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.