ZOA 78-04128
REGULAR MEETING OF JUNE 5, 1978
PUBLIC HEARINGS:
CONTINUED PUBLIC HEARING ON PARKS AND OPEN SPACE PLAN:
PAGE 4
Mr. Sobiech, Public Works Director, stated the public hearing on the Parks
and Open Space Plan was continued and was discussed at the Council's
Conference Meeting. He stated this plan would be brought back later in
the year, as part of a total package of an overall comprehensive plan.
He stated, at that time, they would bring back solutions to barrier problems
for getting people to the neighborhood parks. He stated the items discussed
by the Council, along with input from the Commissions, would be brought
back at a future date.
No persons in the audience spoke regarding the Parks and Open Space Plan.
MOTION by Councilman Barnette to close the public hearing on the Parks and
Open Space Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:15 p.m.
OLD BUSINESS:
INANCE NO.
UIV 3KU J I Ktt I
FOR STREET AND ALLEY VACATION SAV #78-01, BY
BLOCK
MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
No. 677 and adopt it on the second reading and publish. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ORDINANCE NO. 678 FOR ZONING ORDINANCE AMENDMENT ZOA #78-04, BY THE CITY
Mayor Nee pointed out the ordinance now includes Lots 3 and 4 of Block 8 of
City View Addition in the rezoning and a waiver has been received from the
property owner, Mrs. Abitz.
MOTION by Councilman Fitzpatrick to receive the waiver notice from
Mrs. Theresa Abitz as shown on Page 3E of the agenda book. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance
No. 678 and adopt it on the second reading and publish, with the amendment
to include Lots 3 and 4, Block 8, City View Addition in the rezoning, the
same being 216 - 57th Place. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Sobiech, Public Works Director, stated Holiday Village, the owners of the
property at 210 - 57th Place are not interested in having this property
rezoned and the property at 218 - 57th Place is part of an estate and property
owners are located throughout the country.
INANCE NO. 679 FOR ZONING ORDINANCE AMENDMENT ZOA #78-02, BY MARQUETTE
TC DARIV nr7nnir rnn,• .. .. .. .. ___ _ __ _ _
MOTION by Councilman Hamernik to waive the second reading of Ordinance
No. 679 and adopt it on the second reading and publish. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLES 5/1/78 and 5/15/78)
Councilman Barnette nominated Marlyis Carpenter for appointment.
PLANNING C014MISSION MEETING-- APRIL 19, 1978 Page 9
Ms. Schnabel. said that her reason of recommending denial was based on
the many stated concerns. She said that she was concerned about the
health, safety, and welfare of the adjacent property owners and
particularly the safety and welfare of the prospective customers that
would be using the particular facility in that area. She said she
was not opposed to a Disco Center, but she was opposed to it. going
into the particular location. She said that it was not a compatible
.use,.with the rest of'the surrounding properties.
UPON k VOICE�VOTE, Mr. Oquist, Ms. Schnabel, Mr, Langenfeld voting
aye; Mr. Storla and Ms. Suhrbier voting nay; Mr. Harris abstaining,
the motion carried.
Chairperson Harris indicated -that he abstained his vote because he
was an'affected property owner.
Mr.'Rozman thanked the two commission members that voted in his favor.
He said�`_that he*felt very sorry for the people that wanted the
Disc6 denied. 'He said that they were denying something that was
really -`needed. He felt it was time to quit saying that teens were
all-bad'Hesaid that the teens today are the citizens of tomorrow.
He felt that the problems with the society was more with the parents
than , 4#1i #1i the teens,
Mr. Oquist said that the members of the Commission DID NOT deny the
disco .center. They denied the request-because.of where Mr. Ro.zman
wanted that disco located, He indicated that there were problems
with many of ahe.� teens. today and that was apparent in any school
parking lot*"=a-person would want to observe. He said that because the
members of`the.Commission were concerned citizens that they s would
prefer to see the Disco.Center located at a more accessible and better
controll'ed-'Commercial site,
3.. PUBLIC HEARING: REZONING REQUEST, ZOA #78-04, CITY OF FRIDLEY:
TO ESTABLISH A NEW ZONING DISTRICT, S-1 SPECIAL ZONING DISTRICT)
AND TO REZONE THE FOLLOWING PROPERTY TO THIS DISTRICT: BLOCKS
51697 & 89 HYDE PARK ADDITION FROM R-2 (TWO FAMILY DWELLING AREAS)
TO S-1 ; ' AND BLOCKS 921022-4 & 239 HYDE PARK, FROM R-3 ( GENERAL
MULTIPLE FAMILY DWELLING AREAS) TO S-1-; AND BLOCKS -.113,122212229
25926,27 & 289 HYDE PARK, FROM C-2 (GENERAL BUSINESS AREAS) TO
S-1; AND BLOCKS 1 & 2, CITY VIEW ADDITION, FROM C-2 (GENERAL
BUSINESS AREAS) TO S-1, GENERALLY LOCATED FROM 57th PLACE NE TO
61ST AVENUE NE; AND UNIVERSITY AVENUE TO MAIN STREET.
MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, to -open the
Public Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. .The Public Hearing was opened at 9:01 P.M. . ,
PLANNING COMMISSION MEETING - APRIL 121-1978 Page 10
l�.t
Mr. Boardman said that the Hyde Park area has had a number of
specific problems in the past. He said that hardships were put
on the residential homes in the area when 1/3 of the area was
rezoned to Commercial in 1969. He said that the residential homes
were classified as non -conforming use.. *He said that a resident group
wanted to know what could be done to correct the problem. He said
that two meetings were held with the residents in the area and at- ".
those meetings the residents chose a 16 member neighborhood, council.;
He said that six meetings were held with the neighborhood council
at which they decided upon the Ordinance that the Commission had
before them.
A
Mr. Boardman said that the Hyde Park area was a unique situation.
He said it was decided upon to call the area a Special Zoning district:
He said that the neighborhood council wanted the zoning set up so
that people would be able to utilize their existing facilities and if
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they were over 50% destroyed, they would be allowed to rebuild to their,
present code restrictions. He.said that the neighborhood generally.: ,,T,
wanted to be reclassified as a single-family area.; They wanted to,_, .. V
retain the characteristics of a single-family area. He said that !
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further multiple dwelling developments would be restricted however they, !:!
present multiple and commercial property owners would be allowed
maintain their establishments. He said that because. of the conditions
of that type of zoning they had to go to a Special Zoning district.
r
Mr. Boardmanread through the special features of the Ordinance..
He explained several points of the Ordinance as he read through them.,"`FX.
.
Mr. Robert Young of 5807 3rd Street NE said that it was dependent
the -'of
rezoning the area as to what type of street was put. in on
'Commercial
Third Street. He said that he was presently but; ,.if that
area -was rezoned to S-1 he. didn't feel they should have to' pay for
the commercial street,
h.
Mr..Boardman said that it would be a decision that City Council would
a
have to handle.
Chairperson Harris said that there was definitely a difference between
y
a residential street and a commercial street. He said that the
commercial streets were nine -ton streets and the residential streets
were four -ton streets. He said that it would be -a determination that
would have to be made by the City Council,
Mr. Boardman said that there would be no street improvements started
before the zoning was determined. He said that any measuring that was
taking place was determining the property lines. °
Mr. Boardman explained that the type of street that would go into a
particular area would be determined by the City Council. He said that
with the S-1 District, there would be no more expansion of businesses
in the area. He said that the existing businesses would be allowed to
remain. He said that it would have to be determined -at that time if
the existing businesses would put a load on a residential street. He
said if it was determined that the businesses would put a load on a rr
residential street, then the .street would be made a commercial street.f•.
Mr. Boardman again said that it would be a City Council decision,
,PLANNING COMMISSION MEETING - APRIL 19, 1978 Pane'11 '
Mr. Ron McClain of 6007 Main Street NE said that he had already
attended an assessment meeting at City Hall. He said that his
assessment for a Commercial Street would be approximately x$28.61 and
the residential streets would be approximately g$8.61.
Ms. Gabel said that it was the street improvement project hearing;
She said that the figures that Mr. McClain had were approximate costs.
al
Mr. Boardman said this ` was not the assessment hearing. He said
that everyone would be aware of the fact.when the assessment public
hearing would be held.
Mr. L. A. Muggli of RR #21 North Branch, MN, wanted to know who the
rezoning of the Hyde Park area was requested by. He said that no
individual should have to go out of their way to find out who made a
certain request.
Mr. Muggli said that in most of the discussion that he had heard so
far the term "resident" was freely used.. He said that the term
"property owner" should be used. Any rezoning or street improvements
or anything else was the concern of the property owners and not the
residents that lived in the -buildings.
Chairperson Harris said that a petition was submitted to City -Hall
requesting the rezoning of certain areas.
Mr. Muggli pointed out that at the time the area was zoned commercial,
(� the --property owners were not informed that they would be considered
non -conforming uses.
Mr. Muggli-wanted to know if the -Special Zoning would prevent a_
property owner. from recourse if he would want to build on a piece of
property that was formally zoned commercial, but with the rezoning
Would be made residential.
Chairperson Harris said that property owners would never lose that
right to recourse.
Mr. Muggli wanted to know if the city ordinance said that a person
could not build on a 40 foot lot.
Chairperson Harris said that it was a City policy.
Mr. Muggli indicated that the City was then preventing°someone from
doing something with a piece of property that they owned.
PLANNING COMMISSION MEETING - APRIL 19, 1978 Page 12
Mr. Muggli said that he owned a 40 foot lot which was a corner lot. -
He said that he isn't permitted to do anything with that lot, but
that he would be assessed for street improvements for that lot. He
said that he pays taxes on that lot but he still can't do anything with
the lot. He didn't like the idea that the City officials were telling
him that he can't build on that piece of property, but he has to pay
every time the City officials decide to do something with the property
or the area. He wanted to know if there was a solution.
Chairperson Harris said that at any time, a citizen had the option to
appeal any ruling made by the City of Fridley.
Mr. Boardman said that all the notices for Public Hearings are always'
sent to the property owners and not to the residents.
Ms. Gabel said that in terms of the rezoning, no one was asking 'for
anything special. She said they.merely wanted to protect and preserve.
their property. She said that many people were living in -over --
crowded conditions because they can't afford to move out of the area
and they can't add-on because they are considered non-con-forming'use
-and it was not permitted.
Ms. Gabel pointed out that everyone that served on the neighborhood..
committee were residents of the area and property owners.,
Ms. Gabel indicated that there were 200 dwellings in the'Hyde Park�i11'
area that were used as residential and -there was three businesses -
plus Northwestern Bello She said that she was speaking in .favor
of the rezoning.
Ms. Calquire of 5780-22 Street NE said that she vias in favor'f the
rezoning. She wanted to know about the use of the'propert:j that was..
owned by Burlington on the West side of Main Street.
Mr. Boardman said that the City had a letter from the Superintendent'`
of'13urlington on the weed problem that has existed on that°property,
The Superintendent said that anyone who had problems with that property
should call him directly. ,He said that.they were conscious of.the weed
problem.
Ms. Calquire said that she walked through that area everyday and was
continually surprised by the conditions of the area. She said she
couldn't understand why the residents allowed the condition to continue.
She felt that there should be more pride on the part of the residents
or there should be some motivation from City Hall to get that area
cleaned up and kept cleaned up.
Chairperson Harris said that was what the whole thing was about. He
.said.that was why they were at City Hail that night - to clean up the
Hyde Park area.
PLANNING COMMISSION MEETING - APRIL 19, 1978 Page 1
Mr. Oquist indicated that the residents should work with and through
the neighborhood committee.
Ms. Calquire wanted to know what could be done about a parcel of land
C located at the intersection of 2nd Street, 2-J Street and the part of
571 Street that joins the two.
Chairperson Harris said that any improvements on that piece'of land
would have to.be requested by the adjacent land owners; however, he
said that Staff could contact those land owners.
Mr. Boardman said that a part of that intersection was included in the
street imrpovement plan for the area. He said that he would look into
the possibilities of that piece of land.
-Ms. Calquire said that she wasn't interested in a vacation, but she
felt that perhaps the City of Fridley could clean up that land and
improve on the "natures' that was already present there.
Mr. Boardman said that.he would look into the matter.
Mr. Trocke said that he was in favor of the rezoning and the planned
improvements for the area.. He said that the way the ordinance was
set up, no one in the Hyde Park area would be hurt. He said that the
present landlords would be permitted to rebuild their multiple dwellings
should they be destroyed; he said that the commercial owners would be
permitted to rebuild their establishments should they be destroyed. -He
said that -the Committee _wds basically trying to make the area a
residential neighborhood and.since-the"majority of the dwellings were-
- residential, he felt it should be rezoned.
Mr, Ben F. Carman"of 5955 -?z Street NE said that he was i"favor --of
rezoning the area to residential.
Mr, John Bachand of 5945 2nd Street NE spoke in favor of the rezoning..
He'said that he also wanted to see Burlington clean up their.part of
the area. He said that -the residents in the neighborhood are
continually having to clean up their, yards of tumble weeds. and litter.
Ms. Peggy Newland of 5841-22 Street NE said that she worked on the
committee and was very much in favor of the rezoning. She said that
everything had been discussed at length and many compromises had to
be made. However, she felt it was a worthwhile project and she really
wanted to see the rezoning take place.
A person in the audience said that he owned a vacant lot in the Hyde
Park area. He wanted to know that he could put on that lot.
Mr. Boardmans said that the only allowable use would be a single
family dwelling.
PLANNING COMMI.�.ION ?4EETING -APRIL 1�, 1978 Paye 11�
- .�
Mr. Langenfeld said that it was really nice to see the citizens group.
together, and with the City, meet and approach a comm
n-goal - to make`
the Hyde Park area a better place in which to live. He indicated„that,
note they were all joined together, the citizens shouldn't let the City
forget that -they exist. ,..
Ms. Schnabel said that there had been a Iot of, give ;and take done 4mong
the property otimers and residents, who have been involved in the meetings
of the neighborhood group. She felt that everyone --had worked -.hard
to come up with the plan that had been presented. ; She. complimented--,,, ,a
them on the struggles they have had. She said their had demonstrated . d,,;
a very valuable thing for the Community
Mr. Frank.Gabrelcek felt that property zoned commer.cial.were,much more,.l.°.
valuable than
residential properties. He was.;not in.� favor of
rezoning.
°}
A person from the audience suggested that'the people presently owningt:
vacant lots could have the decision as to -whether, they kept'.thes,hots.��
commercial or rezoned them to residential';
J
Mr. Boardman said that the purpose of the0r6z6ning was to stabli a �the�
area and to start getting a residential quality- -into- the area.
Ms. Theresa Abitz of 216 -57th Place ITE said that shewanted be:-
included in the area to be rezoned, - .to .
s;
Mr. Boardman said that Ms. Abitz16'problems with her property were
y However. ,he said:;that;. it =:was :more;l agcal;to �£a{i,$
leavealizthated
articular
p property ''as commercial zoning, : �, ;, ,.,
Chairperson Harris suggested that Staff. give ,,the .request'-by.:Ms. r4s
,Abitzr�
some close consideration. f;
Ms. Abitz said that she wanted to sell her house, She ;5a1,d she, -would
have a buyer if the land was zoned residential. She saidAhat no-one
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4.:
was interested in her house as long as it was zoned commercial..,,:, 5+
Ms. Schnabel said that the only thing that was happening on the property
as commercial was that the homes on the lots were deteriorating.,;;She _.a
said that if the lot was zoned residential, at least -the existing'._.:
structure
could be upgraded.
Mr. Joseph Zizak of 5791-21 Street NE wanted to know: why, curbings.
were being put into the area.
Chairperson Harris said that it was a policy of the City of Fridley.-.'
that all the streets in Fridley would be upgraded with curbs and gutters.
He said that the policy was adopted fifteen years ago.
PLANNING COMMISSION MEETING - APRIL 19, 1978 Page 15 ,
MOTION by Mr. Langenfeld, seconded by Mr. Storla, to close the Public
Hearing. Upon a voice vote, all voting aye, the motion carried
unanimously. The Public Hearing was cl osed at 10:37 P.M.
Chairperson Harris said that under Section 205,228 Landscaping,
item 2 A should have the word t'sodding" changed to "grass".
Mr. Boardman said that he would make that change.
Chairperson Harris complimented staff on their indulgence in working
with the neighborhood. He said he would like to see that type of,
cooperation spread out through the whole City of Fridley.
Mr. Oquist said that the Committee did an excellent job. He reminded
that Committee to keep very active and promote their neighborhood.
Ms. Schnabel said that she' was still concerned about Ms. Abitz's
property.She said that she had mixed feelings on the subject. She
said that spot rezonings should not be encouraged. However, she felt
that the property owner was being penalized in the sale of her property.
-She also said that if the adjacent property was deteriorating
that perhaps -by changing it to a residential zoning would enable them
to.update the property because they would be qualified.to receive funding.
Ms. Schnabel said that if•the zoning wasn't changed and.someone
wanted to buy the property to -develop as residential, financing would.
be,very difficultyto obtain.
Mr. Boardman said that it.would be very°hard to promote residential
development on that land because of its location,
Ms,. Schnabel said that Commercial developers would be very limited'as
to whatcould be put. on that .piece of property ._because of the size
of the parcel of land.
Mr..Boardman said that he was concerned about the property owner
however the total development of the property should also be
considered. He said it had to be decided whether to promote commercial
development or residential.
MOTION by Mr. Langenfeld, seconded by Ms..Suhrbi.er, that the Planning
Commission recommend'approval of the Rezoning Request, ZOA #78-04vcity of Fridley: To establish a new Zoning District, S-1'(Special
Zoning District) and to rezone the following property to this district:
Blocks 5,6,7 & 8 Hyde Park Addition from R-2 (two family dwelling
areas) to S-1;
Blocks 9110,24 & 23, Hyde Park, from R-3 (general multiple family
.dwelling areas) to S-1;
Blocks 11, 12,-21, 222 25: 269 27 & 28, Hyde Park, from C-2 (general
business areas) to S-1; and
Blocks 1 & 2, -City View Addition,'from C-2 (general business areas)
to S-1,
generally located from 57th Place NE to 61st Avenue NE, and. University..
Avenue to Main Street,
PLANNING COM14ISSION MEETING - APRIL 19, 1978 Pare 16
Mr. Langenfeld said that he was fully aware of the problem regarding
Ms. Abitz's property but he felt that it could be the start of.a
movement towards spot rezoning and he wasn't in agreement with that
concept.
Ms. Schnabel said that the City :Council .could be alerted of the problems
of the lots and perhaps they may'have some solution that the Planning-'
Commission had not thought of.,
UPON A VOICE VOTE' all voting ayeq the motion carried unanimously.
Mr. Boardman said that Mr. Ray Leek was the City Staff representative
to the Hyde Park area.
4. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLS
P.S. #78-02. -02. RI RRIER'S FIRST `ADDITION, BY 'fil, 'J. HARRIER; JR*--."-_ =A
BEING A REPLAT OF LOT 25, REVISED -AUDITOR=S SUBDIVISION N0. 239
EXCEPT THOSE PIECES PLATTEb `AS 'JO.ANSON I S RIVER LAND ADDITI
BATTERSON ADDITION, SUBJECT;TO.ROAD EASEMENTS, LOCATED IN
6400 BLOCK ON .THE 1mst ' SZDE SOF ' RIVERVIEW TERRACE NE.
MOTION by "rir. Langenfeld, 'seconded ''by `Ms. Schnabel, to open `the'`Public
Hearing. Upon a voice vote, all,,,voting ,aye, the motion carried
unanimously. The Public Hearing was opened at 11: 11
17,
Mr® Boardman said that the proposal was for.the development -of four`_'
residential lots. He said that. three of .,lots were being
„proposed
for duplex lots and the fourth 'lot 'w, s ``the existent Judge Johnson's
property along the river bank, `He "said that" -the existing property
was zoned R-3 and. the. lot:,sizes�_,being,proposed ,would meet t e,code
i,. k ...: .. .. � f P
requirements, Mr Harrier Would provide``p*rivate easement'f r.access
into the area. Mr, Boardman said -that he would also provide°`pr vate"'1` j
v
sanitary sewer systems.
Mr. Boardman said that the City of Fridley would want certain conditions
on the property as laid outwiththe private roadway and -private sevaer
systems. He said that.the City in no way would take over-the-ia ntenance
of the. private access unless it was developed,to City Code. Also`.he''='
said that the cleaning of the lift stations would have to be a private.. r
operation also. He indicated that lift stations would have, to be ,
provided.
Mr. Boardman said that the area 'would fall in the criticalflood areas'K
of the Code and all the setbacks would have to be 100 feet,
Chairperson Harris wanted.to know if the existing structure _could remain
at its present location.
Mr. Harrier said that the garage, would have to be moved. He said that;..
most likely it would be taken doom and a new garage would;be r_ added.:to.,,,, ��j
the existing house. {