Loading...
PS 78-01PUBLIC HEARING MEETING OF MAY 8, 1978 Page 4 the property he wishes to purchase when this item is resubmitted to Council. PUBLIC HEARING ON FINAL PLAT, PRELIMINARY SUBDIVISION P.S. #78-01, TRI -CO ADDITION, BY TRI -CO BUILDERS, INC., GENERALLY LOCATED SOUTH OF 72ND AVENUE AND WEST OF CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:40 p.m. Mr. Sobiech, Public Works Director, stated this plat involves a subdivision in the vicinity of 72nd and Central Avenue. He stated the plat is laid out for six lots; four of which are proposed for four-plex units and the balance of the lots to be used for multiple units. Mr. Sobiech stated discussion at the Planning Commission meeting noted certain access stipulations to limit access to only one access onto Central Avenue since it is quite heavily traveled. He stated there would be a common drive- way for Lots 1 and 2 and the access for Lots 4, 5 and 6 would be from 72nd Avenue. Mr. Sobiech stated the possibility was discussed of the petitioner acquiring the property, shown as the exception on the plat, to perhaps develop a better plat. The petitioner has indicated the property owner did not wish to sell the property which means there will have to be an access easement which will have to be noted on the plat. Mr. Sobiech stated there are sanitary sewer and water lines to service the lots, however, staff would recommend that the plans and specifications be reviewed by the Engineering Department and that certain monies be escrowed to make inspections on those facilities.' Mrs. Ruth Norton, 1251 Norton Avenue N.E., questioned the easement to the y existing house and if they weren't allowed to drive on it. Mr. Sobiech stated, it is his understanding, that if there is an easement for that house, the petitioner would trade for access to 72nd Avenue. Mr. James George, representing Tri -Co Builders, stated, to his knowledge, he was not aware of any formal easement of record for that property. He stated they were told they would have to provide an easement for that exist- ing property and came up with an access to 72nd Avenue and abandon the two driveways that presently lead onto Central Avenue. Mr. Sobiech stated the half section map does not indicate an easement for the existing property. Mr. George stated it is their intent to provide a driveway of equal quality which is now existing, until the multiple site is developed, at which time there will be a surfaced parking lot. Mayor Nee asked if the petitioner would give the owner of the "exception" a legal easement. Mr. George stated this is their intention. Mayor Nee stated, on the map, there is no easement shown to serve Lots 1 and 2. Mr. Sobiech stated, with the issuance of the building permit, signed doc- uments would be obtained exchanging the easements. Mr. Herrick, City Attorney, stated there would have to be something shown in the abstract where the owner of Lot 1 would have,a reciprocal right to use the driveway that is on Lot 2 and vice -versa. Mayor Nee stated, if the plat was approved as it stands, each lot has a right to an access. Mr. Herrick stated the Planning Commission did recommend the plat be approved T IR'.' PUBLIC HEARING MEETING OF MAY 8, 1978 Page 5 on the condition that there be only one access. He felt this requirement of a combined driveway for Lots I and 2 could be put in the final plat. Mrs. Norton asked if this plat would adjoin the property at 7112 Old Central, and Mr. Sobiech stated the plat would surround that property. He stated he was surprised the petitioner hadn't contacted Mrs. Norton, the fee owner, regarding access, since there seems to be some confusion on the access to the existing property. Mrs. Norton stated Mrs. Berglund, who lives in the house, was contacted, but she never was contacted. Mrs. Norton then reviewed the plat and it was pointed out where the proposed access would be for the existing house. Mr. Sobiech felt, perhaps since the property owner hadn't been contacted, this should be discussed further between them and the public hearing con- tinued. Mr. Herrick stated it would first have to be determined if there is a formal easement for entrance onto Central. If there is no easement, the owner of the property should be happy to accept whatever easement the petitioner is willing to give. He stated, however, he didn't know what the facts were and the questions couldn't be answered this evening. Councilman Schneider stated he would feel more comfortable with a sketch on generally what the layout would look like. Mr. Determan, who owns Determan Welding on 72nd Avenue, stated his business is located across the street from this proposed plat. He stated he would like to see a means of the City keeping the apartment house tenants from parking on the street. He stated he would like to see a fence on the south side of.72nd Avenue to solve the problem. MOTION by Councilman Schneider to continue the public hearing until such items as the question of the easement are cleared up and to be brought back to Council at the staff's discretion. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE STATE BANK, REZONE FROM M-2 TO C-2; 225 OSBORNE ROAD N.E.: MOTION by Councilman Barnette to waive the reading of the Public Hearing, notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:10 p.m. Mr. Sobiech, Public Works Director, stated this is a request from Marquette State Bank to rezone property in the Northwest quadrant of Main Street and Osborne Road from M-2 to C-2 to allow construction of a bank. He stated the most Southwesterly lot of the proposed plat is proposed to be rezoned to permit a bank at this location. Mr. Sobiech stated the Planning Commission did hear the item and recommended approval of the rezoning request. Mr. Sobiech stated the bank proposed for this location would provide all services of a full-service bank, except for closing on loans. He felt one of the stipulations required with the rezoning would be a plan regarding the landscaping, grading and drainage. Mr. Laing, representing Marquette State Bank, presented a proposed plan of the bank. He stated the primary egress would be behind the bank onto Main Street. He stated they envision most of the traffic coming in from Osborne Road and using the drive-in facilities. Mr. Laing stated they attempted to find a location that is accessible and not have some of the problems they now have at their main bank on Central and 53rd Avenue. N� PUBLIC HEARING MEETING OF MAY 8, 1978 Page 6 He pointed out they have been in contact with St. Paul Water Works regarding the easement and they are aware what they can and cannot do as far as blacktopping. He stated they would be meeting with them the end of the month on the site plan. Mr. Laing stated a significant amount of fill is needed to bring the site up to grade and have the building at an elevation they want. Mr. Sobiech stated one of the requirements of the Zoning Code is that there be screening between the parking lot and adjacent right-of-way. Mr. Laing stated he didn't envision that would be any problem. Mr. Laing submitted a proposed drainage plan for the site. Mr. Sobiech stated they are proposing the drainage be directed to the North and ponding provided on the site to the North. Mr. Laing stated this would not be their land, but'it was suggested they work out the drainage plan in conjunction with Mr. Schroer's parcel. Mr. Schroer felt the drainage problem could be resolved by working with the City. Mr. Qureshi, City Manager, stated it looked like 60-70% of the area on the site would be blacktopped. Mr. Laing felt this was not uncommon and many banks were building on a smaller site with comparable blacktop areas. Councilman Hamernik asked, with the 31 parking spaces, if this was the most blacktop they planned to put into the site. Mr. Laing stated this was correct because of this being a detached facility, and they visualize about 75% of.their traffic using the drive-in facility. He stated the emphasis on on-site parking and lobby use is not necessary in this case. He stated, if, in the future they were allowed to change to a full service bank, they would try to expand the size of the building. A gentleman in the audience commented that he didn't think, because of the different elevations in the area, ponding could be provided. Mr. Sobiech explained the drainage would have to be worked out for either detention or retention of the run-off from this site. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.and the Public Hearing closed at 9:28 P.M. Mayor Nee stated the Council would get to the question of the plat for Marquette State Bank, after the public hearing on the rezoning for the Hyde Park area. PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA #73-04, BY THE CITY OF FRIDLEY TO ESTABLISH A NEW ZONING GTSTRrrT_ e_ • r_ MPDAi i v I M-A-rrn r-n.,.s ,---i MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 9:29 p.m. Mr. Jerry Boardman, City Planner, explained the processes involved leading up to this request for rezoning. He stated there were concerns of residents in the Hyde Park area on the zoning problems. He stated, in order to make 100 PUBLIC HEARING MEETING OF MAY 8, 1978 Page 7 everyone aware of the zoning problems, public hearings were held to explain what the zoning meant as far as the houses and businesses in the area were concerned. He stated a neighborhood council was established of about 16 people who were home, apartment and business owners within the Hyde Park area and meetings were held in which they discussed the problems and future planning as to what concepts the people wanted for their neighborhood. Mr. Boardman stated, from these meetings, came the idea of establishing a special zoning district for Hyde Park area which would do several things. It would change the present legal non -conforming status of residences in the neighborhood to establish a residential character of the neighborhood and protect the property rights of the neighborhood as much as possible. He stated, once this material was put together, a public hearing was held by the Planning Commission to discuss the special zoning district. The Planning Commission recommended approval of the special zoning district for the Hyde Park area. Mr. Boardman explained the reason the special zoning district is proposed is that there are situations in the neighborhood where the conditions of a regular R-1 zoning district cannot be met. He stated some of the differences between this special zoning district and an R-1 zone involve the existing uses. He stated the residents wished to allow the existing uses to continue so as not infringe on property rights of owners in the area. He stated, under this ordinance, the non -conforming uses would be allowed to continue and could be rebuilt to their present allowable setbacks, if they were damaged or destroyed. He stated they could not, however, increase the size of the structure. Mr. Boardman stated the special zoning district would allow the existing multiple and commercial uses to remain, but they could not expand nor could there be any new multiple or commercial units. Mr. Boardman stated the lot area size would be set at 7,500 square feet. This would pertain to new as well as old lots. The lots would not be less than 60 feet, but could be 50 feet, if the lot was platted before 1955. He stated lot coverage, setbacks, building heights are primarily the same as the normal R-1 zoning district. He stated the minimum floor area was reduced from 1,020 feet to 768 square feet. He pointed out these are the primary changes and differences between the special zoning district and the R-1 zoning district. Mr. Boardman stated, under site improvements, the City is attempting to try and improve the exterior development of the area. Mr. Herrick, City Attorney, stated he reviewed the ordinance and made several suggestions for changes and assumes they have been incorporated into the ordinance. Mayor Nee raised the question of including the three residential dwellings on the South side of 57-1/2 in this special zoning district. Mr. Boardman stated this was discussed by the Planning Commission at the public hearing. However, the staff recommended these lots not be included as it was felt those properties should be developed as commercial and shouldn't continue as residential uses. Councilman Fitzpatrick questioned if the lots would develop commercially, as they are presently being used for residential, and because of their size, he didn't really see it as a potential commercial development. He felt spot zoning didn't apply in this case because it is contiguous to the area in question. Mr. E. Gurbord, 5847 2-1/2 Street N. E., stated he has lived in this area for 30 years and has a 40 foot lot and the only way he can sell it is to have it zoned commercial. PUBLIC HEARING MEETING OF MAY 8, 1978 Page 8 He stated someone could come in and buy several lots to develop as commercial property. He indicated he was opposed to the rezoning and wished his land to remain commercial. Mr. Boardman stated the problems Mr. Gurbord may have is that his residence is presently a non -conforming use and, if something happened to his home, he could not rebuild. He felt the only way he could sell the property commercial is to have several adjacent lots sold also. Ms. Theresa Abitz, 216 57th Place, indicated she didn't want her property to remain as commercial, as she didn't have any way of selling it unless it was rezoned to residential. She stated, even with the adjoining property, there isn't enough for commercial development. She spoke in favor of the rezoning. Ms. Helen Szyplinski, 233 57th Place, indicated she was definitely in favor of rezoning back to residential. Mr. Martin Dykhoff, 5810 3rd Street, indicated he was in favor of rezoning back to residential. Ms. June Perleberg, 5948 2-1/2 Street, indicated she was in favor of the rezoning back to residential. Mr. William C. Zawislak, 2630 Grand St. N.E., stated he was against the re- zoning. He stated he sold his lots as commercial property on a contract for deed and now they are going backwards with the rezoning to residential. The lots which Mr. Zawislak were referring to were Lots 21, 22, and 23, Block 21, between 5807 and 5832 3rd Street. Mr. Bob Waralin, 6024 2-1/2 Street, indicated he was in favor of the rezoning. He stated he has lived at this address since 1958 and has seen the area sit in limbo. He stated about 751 of the residences are single family homes and felt, if the rezoning was approved, people would improve the area. He stated the majority of the residents were in favor of the rezoning and feels it would be a mistake not to go ahead with it. Mr. Otto Tauer, 5866 2nd Street, stated he became involved on the volunteer committee and anyone who owns property in this area would probably be better off to have this rezoned residential. He stated he believes the Hyde Park district is destined to be a residential area and spoke in favor of the rezoning. Mayor Nee questioned the amount of residential uses in the Hyde Park area. Mr. Boardman stated about 85 to 87% is residential, which includes the multiple uses, and it.may be even higher than that figure. He stated most of the vacant lots are not large enough to develop as commercial, unless more than one lot was acquired. Mayor Nee stated it would affect the market value of the property and if the market value goes up, chances are the taxes will also go up. Ms. Darlene Smith, 8302 4th Avenue, Lino Lakes and owner of property at 5981 Main Street, stated she received notice that through some government program certain people would be eligble for financing to improve their homes. She felt, if the taxes were lowered, people would use that money to improve their property. Mayor Nee explained the State law binds the City on not being able to have unequal taxation. Ms. Smith asked if the taxes would be lowered to residential. if area was rezoned from commercial Mr. Boardman stated he understands the taxes remained the same when the area was rezoned to commercial, but is not certain how the taxes would be affected, if it is rezoned back to residential. Mayor Nee stated it would affect the market value of the property and if the market value goes up, chances are the taxes will also go up. 102 PUBLIC HEARING MEETING OF MAY 8, 1978 Page 9 Mr. Qureshi, City Manager, stated if the quality of the area increased, this would tend to have the effect that her property would become more marketable and if that is true, taxes would go up. Mrs. Pearl Bradley, 5861 W. Moore Lake Drive and owner of properties at 5900- 5908-5916 2-1/2 Street, stated she was in favor of the rezoning. Mr. Ted Marr, 6055 2-1/2 Street, stated he was definitely in favor of the re- zoning. Mr. Bob Ecker, 5940 3rd Street, stated he was in favor of the rezoning. Ms. Pat Gabel, 5947 2-1/2 Street, stated a lot of compromise was put into this rezoning. She stated there are nearly 200 structures in the Hyde Park area being used for residential purposes and three commercial structures. She stated, with the present commercial zoning, people cannot add on to their home because their homes are non -conforming uses. She felt this should be taken into consider- ation regarding the rezoning. Ms. Gabel stated she was in favor of the rezoning. In a show of hands on how many persons were in favor of the rezoning, about 20 persons indicated they favored rezoning to residential. On the other hand, two persons indicated they were opposed to the rezoning. Mayor Nee advised the residents that action on this rezoning would be taken at the next Council meeting on Monday, May 15, 1978. MOTION by Councilman Fitzpatrick to close the Public Hearing. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:20 p.m. RECESS: A recess was called by Mayor Nee at 10:20 p.m. RECONVENED: The Public Hearing Meeting was reconvened at 10:38 p.m. All Council members were present. PUBLIC HEARING ON FINAL PLAT, PRELIMINARY SUBDIVISI EAST RANCH MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10:38 p.m. Mr. Sobiech, Public Works Director, stated this plat involves a replat of the Northwest quadrant of Osborne Road and Main Street. The proposed plat calls for three lots. He stated Lot 2, being the most southwesterly lot, was under discussion for rezoning. Currently, Lot 1 is occupied by Frank's Nursery and one of the stipulations of the Planning Commission was that Lot 1 be recorded as part of the platting for Frank's Nursery. Mr. Qureshi, City Manager, questioned the zoning on Lot 1. Mr. Sobiech stated it was zoned M-2, however, a special use permit has been issued for the outside storage. He felt it should all be zoned commercial and made into one parcel and the Planning Commission wanted to insure that it is properly described as one parcel. Mr. Sobiech stated the Council has a plat before them which indicates a substandard lot and staff recommends it be approved and attached to the other property to insure there aren't any substandard lots. 1