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LS70-06 Form #5-6s LOT SPLIT APPLICATION CITY OF FRIDLEY FOR CITY USE APPI,ICANI': ' j�` Applicant's Name _ Lot Split - ADDRESS: 3 v &0�t� y, $treet Ci y Zip Code Date Filed; 4/22/70 TELEPHONE # 7� //U/ �,�� �1�0f� Feer 15.T(ReceiFt J home Business Council Aot on:D(W%RE ARKS: _... � PROPERTY OWNER(S) 43 Z 3 0 °D ADDRESS(ES) 'M 0 Street city Zip Code w o °° o Street City Zip Code o r-4 w .-4 r-4 TELEPHONE #(S) m mHome Business ad & 00 O 1rl +,M Property Location on Street or Exact Street Address (IF ANY) l d7.nr1 -e-.l ~1 Legal Description of opert _ - - � 7 - Reason for Lot Split Total Area of Property. G�vc.) sq. ft. Present Zoning Claesifi,catiQn The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE; �� 2 2 7 SIGNATURE BELOW FOR CITY USE ONLY (Seo reverse , de for add j:©4al jwtr w1*tMw FLATS & SUBS: Date of Consideration - Remarks: PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration R*warka: f 1 3 LOT SPLIT APPLICATION PROCEDURE 1 . Obtain application form at City Hall. (6431 University Ave. N.E. , Fridley) 2. Return completed application form with the required sketch of the property involved and the lot split fee of $15.00 for each original lot being split. 3. The application will be submitted to the Plats & Subdivisions and Streets & Utilities Subcommittee for recommendations. This Oommittee meets once a month, when required. The City will supply the applicant with minutes of the Subcommittee. 4. Following the Plats & Subs Committee recommendation of approval, the owner must then obtain a Certificate of Survey on the original parcel or parcels along with the new pare-:e treat- ' w. *�! al: -xistinK structures tied in. 5. The Certificate of Survey should then contain a simple description of a part of a platted lot or registered lot and be filed with the Engineering Department for Planning Commission recommendations. The Planning Commission meets on the second and fourth Thursday of the month. The City will supply the applicant with minutes of the Planning Commission. 6. The recommendations of the Planning Commission are submitted to the City Council for final action. The Council meets on the first and third Monday of the month. 7. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 8. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 9. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka County. 10. in all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT, MAY EXCEED THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. OFFICIAL NOTICE CITY OF FRIDLEY • PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Wednesday, April 29, 1970 to consider the following matter: A request for a variance of Section 45 .103, Paragraph 1 and Section 45 .103, Paragraph 2 to reduce the lot area from 25,000 square feet to 17,000 square feet and to reduce the lot width from 200 feet to 139 feet to allow the construction of a Dental Clinic on Lot 6 and South one-half of Lot 7, Block 1, Erco's 1st Addition, the same being 1281 Mississippi, Fridley, Minnesota . (Request by George L. Walquist, 4230 Central Avenue N.E. , Minneapolis, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. BOB MINISH CHAIRMAN BOARD OF APPEALS �RIO wI /oo I /ir I jr tBROOKVIEW o� o a, STATE r TRUNK .HIGHWA' Al Jn ,n •)'n � 91.3 )1 Ba Bo /ao [a b - C y�O � ! �jr A 1 � I ye V• � � � OW. r g L.S. #70- ), a /•e.e i - W Geo. L. Walquist U-CiA-al >r—---c--.�- -,.'t-A� 1 �7-;�-�-�.;—-- - L. 6 & S3 of L. 7, S Q1 I.I Erco's 1st Add. -- cn kh ti — w '�' •� m - y� -V--C PIERCE-- n zlf -- /uz9 �7� Nelms /7• V �1 o• r•nc �,.,,,. , EL,is-OA L G T Zvi+� '� f' '\I m ml � sc i -CQ ff 4A.I - ^..�—- A. may - AVENUE ., �.� 30 ) 33 l ci ,pr _ A�. � i pRs m w � E RAE (*-GENA t v `�J v e DD. •y - �,6rtr � Vi4 'Cn � —•s, �� C/l ftv � [./vr O Z A \ -A m o 30 �- k .--AR-THUR—ST— . ,33 .. _" /jz 9, ¢�( !f ff•ORi�:i;iii:54/Qs;i ;; . �. • ! .,%////�� � .. . • !l✓. f: �,f.:.� • /Vit. � . •/�.��/I� �_�,•;+:irttti[}ITtttl7r<tttittF�!tCuttti}tittt •• tttttttFttttttitl:e;ktt ,• '' :242 J . t#thY�1F1LSJ}�' cysscryF �J 24 {'�(' f: i '-• �... 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T' D ASF. NIGH��-14+•$CHO� •� i "• ; T I �D&T-414,•'r .,•,7 7:J• tiJ J 'r' ! <•L1n �: f• ry a ��Y 7' -:11DIST 14 Y' .•,.� .r 1 �`. ,• c.• '" Da.�E T r.^ :7• • • I , \.: C'.J d oc• MR LAR EST � 1. ('• '.`,� '! `�,->/,�,�n^ :. :t I 12��'•I,". a - ) J ., !O t , ) •> �� .j� �^� �' � Q. v rte^ •! b Q �\') J '='J n 2��'�'.a•- _ i ,'� ).t'i•tJ-`.�N�e,'r)G3>J�;:l3t.:,'c' A KE ' T"r fN 0ENO I-. C 'EIA R� h 9eti . I Ir . '1 rV .•' 79 +'•r ` �' N• q.. T t II �I ra-Y GRACE CATH"- 4. FY-11, / -- rr �-t'�/ ` n �•'\� _ —��r, i i HIGH SC`: )� !N/� f/L•. A JV N1l,l.•I;, :/ .°R�' Ccj',y 111 r 7►� X �- I I I.Ir W Il Li.a�\ 4,v� /'p 111 '' . All • .........•�. IFEX �e] �' cr^r/ �` ' I N b t .rte i �_``t�[ Irl •[• �H5 \\\�� �� �„;.s,��,.-i46_'`a�'� '�}.Mc�ac��KitadWt -- �.r� - 1 GEORGE L. WALQUIST 4230 CENTRAL AVENUE N. E. MINNEAPOLIS 21, MINNESOTA OFFICE 788-3400 2409 SILVER LANE HOME CU 8-1101 April 15, 1970 Mr. Homer Ankrum L.S. #70-06 City Manager 6431 University N. E. FridL_::y, Minn. Dear Mr. Ankrum: Reg: Proposed Dental Clinic Lot 6 & No.)� of 7, Erco ' s 1st add While in preparation of details for a dental clinic bldg on the above property, it was brought to my attention by your engineering dept t1it we could not use this parcel of land under its present zoning requirements. They say that we are below the required spuare footage required under C2 zoning. It is also required teat we have at least a 200 foot frontage lot. These two items seem to be beyond the possibilities of this clinic on this parcel of land. The bldg is only 44 x 44. Just a little over 1096 of the total lot size. In order to use this lot for this clinic, I would request t:�.at a waiver be given for: 1 . Reducing the minimum requirement of 25,000 so . ft to 17,000. 2. Reduce the front foot requirement of 200 feet to 139. It would be my opinion that as these lots were approved for 62 zoning prior to the latest zoning law change, that each lot would be adequate for use under its former platting. We would like to begin this bldg at once, and feel that we would need some kind of Form al a�.',�,proval from you at tAs time. Since this council ii,eets Monday, and I will be in the Hospital at that time, I am requesting that you make known my, request for iec= a waiver on items *1 and *2 above. We would aprreciate a prompt and favorable reply from the city council , and we do appreciate your earnest efforts in our behalf . urs tru4y Georl Wal uist Silver lake road and P>lissssip;.�i St. It was with {��1uch effort that we were able to convince them on this Channel Road sight. r Plats & Subs.-Str. & Util. Subcom. Meeting - May 6 Page 2 from the North Half and a 67 foot lot from the South Half,be approved providing that the South Half of Lot 20 is contingent in a sale with Lots 7 and 8 whenever they are sold. Upon a voice vote, all voting aye, the motion carried unanimously. - 2. LOT SPLIT REQUEST: L.S. 470-07, ALBERT H. HARTMANN: Six foot triangular parcel from Lot 20, Block 2, Sandhurst Addition added to Lot 19, to provide more room for existing driveway. Mr. and Mrs. Hartmann were present. Mr. Hartmann explained that they and the Trezonas would like to keep the existing driveway at 16 feet at the point where it meets Hartman Circle. The agreement was for him to put the driveway at its present location when his garage was built in order to have a straight approach to the street. The two driveways are separated by a small island where the mailboxes and shrubbery are placed. Mr. Hartmann also brought in the quit claim deed from the Trezonas deeding the triangular piece to them. The Engineering Assistant said, because this was abstract property, the legal description would not be too difficult to file. MOTION by Meissner, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee approve the Lot Split #70-07 by Albert H. Hartmann to split a six foot triangular parcel from Lot 20, Block 2, Sand- hurst Addition and add to Lot 19 to provide more room for the existing driveway. Upon a voice vote, all voting aye, the motion carried unanimously. 2. LOT SPLIT REQUEST L.S. 470-06, GEORGE L. WALQUIST: Lot 6 and S� of Lot 7, Block 1, Erco's lst Addition. Site for dental clinic. f The petitioner was not present. The following discussion showed that the dental clinic was within the zoning category; there is a North/South easement going down the middle of Block 1 between Lots 5 and 6 and Lots 4 and 7; the front footage of the request is 139 feet; the new Zoning Ordinance requires 200 feet for C-2 property. r The Subcommittee agreed that problems with the older plats and small sized lots, would be coming up in the future where there would not be enough land to meet the requirements of the new Zoning Ordinance adopted November 3, 1969. The consensus of opinion seemed to be that the new Zoning Ordinance referred to new plats, the requirements being for larger lots than those of the older plats and with no provisions made for the type of a problem the Walquist request presents. There were no objections to the building, but the Subcom- mittee felt they could not act on the request according to the new ordinance when the footage is not large enough, and hoped that the thinking of the Plan- ning Commission and Council about the variations of this type, which are bound to come up in the future, would give them some direction to follow. MOTION by Zeglen, seconded by Meissner, that the Plats & Subdivisions- Streets & Utilities Subcommittee table the Lot Split Request, L.S. #70-06 by George L. Walquist to split off the South Half of Lot 7, Block 1, Erco's 1st Addition until the feeling of the Planning Commission and Council is Plats & Subs.-Str. & Util. Subcom. Mtg. May 6, 1970 Page 3 received regarding the requirement of 200 feet frontage for C-2 property relating to the older plats and small lots. Upon a voice vote, all voting aye, the motion carried unanimously. 5. STUDY OF TRAFFIC SIGNS AT T.H. #47 AND INTERSTATE 4694: Chairman Schmedeke showed the sketch he had made of a suggested plan for signs to be placed on the facing of the 4694 bridge. A map showing all the traffic signs at 4694 and University Avenue intersection was discussed. In the afternoon, the Chairman and the Engineering Assistant visited the site to review the hazards at that intersection. The Chairman requested the number of accidents at several intersections from the Police Department which will be available at the next meeting. The Engineering Assistant suggested that he be requested to contact the Traffic Engineer of the State Highway Department to get his opinion on what can or can't be done. He stated, inasmuch as the Subcommittee is a recom- mending body, the more information they can get together, the more help it will be. This item was continued to the next meeting. 6. CONSIDERATION OF A NEW AND SHORTER NAME FOR THE SUBCOMMITTEE: In answer to• a memo from the City Manager referring to a suggestion of a new name for the Subcommittee, he submitted "Development and Utilities Subcommittee". The City Engineer suggested the duties of the Subcommittee should be defined before a new titic is given. This item was continued. ADJOURNMENT: MOTION by Zeglen, seconded by Meissner, that the Plats & Subdivisions- Streets & Utilities Subcommittee meeting of May 6, 1970 be adjourned at 7:50 P.M. Respectfully,sul mitted Hazel O'Brian Recording Secretary PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBC011T4ITTEE MAY 20, 1970 PAGE 1 The meeting was called to order by Chairman Schmedeke at 7:05 P.M. ROLL CALL: Members Present: Meissner, Zeglen, Crowder, Schmedeke Member Absent: None Others Present: Darrel Clark, Engineering Assistant 1. LOT SPLIT REQUEST: L.S. #70-06, GEORGE WALQUIST: Lot 6 combined with the S2 of Lot 7, Block 1, Erco's lst Addition. Site for dental clinic. Mr. Walquist was present. The members of the Subcommittee read the letter sent to the City Manager from the City Attorney regarding the communication of Oliver Erickson dated April 17, 1970 concerning variances. Referring to the City Attorney's letter, the Engineering Assistant explained that the way he interpreted the letter, is that on older plats , if variances are requested, unless there is some specific reason why it should not be granted, it should be approved. The land owned by Mr. Walquist was Matted long before the ordinance and according to the City Attorney, the variance should be granted. In this case, the split of the lot and description would be simple enough so that it would not be difficult to follow. The Subcommittee wondered if the ordinance could be changed so that requests involving the older plats could be. considered according to the ordinance. Crowder commented that the Subcommittee is being asked to split an 83 foot lot and what would they do if they got a request regarding the development of the NZ of Lot 7 by itself. The Engineering Assistant said the petitioner could be requested to plat the three lots (Lots 6, 7 and 8) , but that would be quite costly. In answer to Mr. Crowder's question that, from the standpoint of the City, was there anything detrimental in the situation, Darrel Clark said that, as long as the Board of Appeals and Council approved the variance, this Subcom- mittee should think about the lot split only. MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions-Streets and Utilities Subcommittee recommend to the Planning Commission approval of the lot split request, L.S. #70-06, by George L. Walquist, to split Lot 7, Block 1, Erco's 1st Addition, as shown in the application. Upon a voice vote, all voting aye, the motion carried unanimously. For the record, Mr. Crowder asked that it be shown that splitting Lot 7 would create a forty-one and one half foot lot. The Subcommittee did not feel it was necessary to tack anu stipulation onto the motion as they were assured that the ownership of the Lot 8 and North Half of Lot 7 would remain with the same parties so that they would develop together. I The Minutes of the Board of Appeals Subcommittee Meeting of April 29, 1970 Page 3 MOTION by Drigans to close the public hearing. Seconded by O'Bannon. Upon a voice vote, there being no nays, the motion carried. Mr. Ahonen stated he felt the structure contours with the street and since there were no objections, he could see no reason to deny the request. MOTION by Drigans to recommend approval of the request to the City Council, for the following reasons : 1. The long configuration of the lot, plus the fact that it is a corner lot, makes it impractical to have any other type of arrangement on it. 2. The pipe line that ran through the lot has been moved, but it still restricts the house in being built in any other way. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried. 3. ARE VEST FOR VARIANCES OF SECTION 45.103PARAGRAPH 1 BLVD SECTION 45.103 PARAGRAPH 2, TO REDUCE THE LOT AREA REQUIREMENT FROM 25,000 SQUARE FEET TO 17.000 SQUARE FEET AND TO REDUCE THE LOT WIDTH REQUIREMENT FROM 200 FEET TO 139 FEET TO ALLOW THE CONSTRUCTION OF A DENTAL CLINIC ON LOT U AND THE SOUTH ONE-HALF 01' LOT 7, BLOCK 1, ERCO'S 1ST ADDITION THE SAME BEING 1281 MISSISSIPPI STREET, FRIDLEY, MINNESOTA (REQUEST BY GEORGE L. WALQUIST, 4230 CENTRAL AVENUE N.E. MIINNEAYOLIS MINNESOTA. Mr. George Walquist was present to present the requests. I Mr. Drigans asked what the zoning of the property was. s Mr. Walquist answered C-L which is correct for this type of business. He buildings in time with one different bLi in to have 4 g explained that he is planning large one. This building is 44 feet by 44 feet and the land area is 17,000 j square feet. The building is only taking up approximately 1/10th of the total ' area. s The general layout of the area was shown to the hoard for their review. Mr. Walquist stated there will be 2 dentists in the building with 4 chairs. There was a discussion on the City Ordinance that required 200 feet of frontage. The applicant felt the Ordinance should not require a minimum frontage requirement but should depend only on the type of building and how man people o ld use it. Some of the Board members agreed with him. Y Ple would Mr. Walquist stated further that he has owned this land from 12 to 2 years and that it is very difficult to meet the code requirements, especially frontage, on older platted lots. This piece of land also has a utility easement running through it. He said he had no plans for the other land at this time. If someone wanted a building built there, then he would build it, but not until that time. ' r w The Minutes of the Board of Appeals Subcommittee Meeting of April 29, 1970 Page 4 Mr. Bagstad stated that if this request is granted, a lot split on the land will have to be approved before building is started. There was a discussion on the layout of the building. MOTION by O'Bannon to close the public hearing. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion -carried. MOTION by Ahonen to recommend approval, to the City Council, of the two requests for the following reasons : 1. The amount of area that the applicant has is adequate for the execution of a dental clinic as there is not a large number of clientele at any one time to demand a large parking area. 2. He owned the land prior to adoption of the new Zoning Ordinance. NOTE: Prior to the new Zoning Ordinance, there was no minimum requirement on square footing. 3. Without this variance, the structure would either have to use all of the land area located on Mississippi St or on Channel Road for frontage. 4. The utility easement is somewhat of a disadvantage to the applicant. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated the meeting date has been changed, by approval of all Board members, to be on Tuesday nights instead of Wednesdays. The next meeting date would therefore be on May 12, 1970. ADJOURNMENT: The meeting was adjourned by Chairman Minish at 9:15 P.M. Respectfully submitted, MARY HINT �J Secretary v Planning Commission Meeting May 6, 1970 Page 3 MOTION by Schmedeke, seconded by Harris, that the Planning Commission approve. the Lot Split Request, L.S. #70-05, Cpl. James L. Robinson by G. D. Giancola, Attorney, to split Lot 20, Central Avenue Addition, in half creating a 68 foot lot from the North Half and a 67 foot lot from the South Half. Minish amended the motion to add "that in the event Lots 7 and 8, Central Avenue Addition, were sold, the remaining portion of Lot 20 would be combined with them. UPON A VOICE VOTE, THE MOTION, AS AMENDED, WAS UNANIMOUSLY APPROVED. 3. LOT SPLIT REQUEST: L.S. #70-07, ALBERT H. HARTMANN: Six foot triangular parcel from Lot 20, Block 2, Sandhurst Addition added to Lot 19 to provide room for existing driveway. Mr. and Mrs. 'Hartmann were present. Inasmuch as this request is a simple lot split and that the Plats & Subdivi- sions-Streets & Utilities Subcommittee had recommended approval earlier in the evening, and Mr. Hartmann explained that this request was to make legal a verbal agreement made quite a few years ago, and that the legal description would be fairly short, a motion was made to concur with the Subcommittee. MOTION by Schmedeke, seconded by Minish, that the Planning Commission concur with the Plats & Subdivisions-Streets & Utilities Subcommittee and recommend approval of the Lot Split Request, L.S. #70-07, Albert H. Hartmann for that part of Lot 20, Block 2, Sandhurst Addition described as follows: Commencing at the Northwest corner of Lot 20; then proceeding Southwesterly a distance of 15 feet along the boundary between Lot 20 and Lot 19 of Block 2, Sandhurst Addition; thence Easterly to a point on Hartman Circle 6 feet South from the point of beginning; thence Northerly along the curvature of Hartman Circle to the point of beginning. Upon a voice vote, all voting aye, the motion carried unanimously. 4. LOT SPLIT REQUEST: L.S. #70-06, GEORGE L. WALQUIST: To split Lot 7, Block 1, Erco's 1st Addition in half combining the S2 of Lot 7 with Lot 6 to make a build- ing site for a proposed dental clinic. Mr. Walquist was not present. Darrel Clark, Engineering Assistant, stated the Plats & Subdivisions-Streets & Utilities Subcommittee continued this item, the reason being they felt they would like guidance from the Planning Commission and the City Council about creating a commercial lot smaller than allowed in the Ordinance. In this case, the lot would be quite a bit smaller. They realized the Planning Commission and Council passed the Ordinance requiring 200 feet for frontage and an area of 25,000 square feet, but wondered what the intent was on these old plats where the existing lots are smaller than those of new plats. They did not object to the dental clinic. Schmedeke added that there will be more and more smaller commercial structures wanting to come in and did not believe the land should be left open only to large investors. Planning Commission Meeting May 6, 1970 Page 4 Minish reported the Board of Appeals recommended approval of a variance to reduce the lot width requirement from 200 feet to 139 feet in order to build the dental clinic, but at the same time, they wondered what the purpose was of the 200 foot requirement. When 10% of the land is used by the building, how can an arbitrary figure of 25,000 square feet be used? The Acting Chairman commented that this request means the petitioner is asking for approval of an area 123'x139' which is 17,097 square feet and is 2/3rds of the required amount in the present ordinance. In other words, they are being asked to approve a lot split only 2/3rds of what is being required. Then the question is whether or not the Planning Commission is to operate within the Ordinance or request an opinion. There would be no problem in cases where addi- tional land is available. He further stated no action was required of the Plan- ning Commission at this meeting. Harris wondered if there were some m way g the ordinance could be changed for the older plats and each individual case be taken into consideration. 5. INFORMAL DISCUSSION OF EVERGREENS FOR SCREENING: Mr. Schmedeke wondered if. the Planning Commission had considered planting more evergreen trees in the City as they are a long growing tree, have heavy foliage, makes a good windbreak and is beautiful and decorative. He wondered if it would be possible to meet with the Recreation Director to discuss the types of evergreens, but if not possible, any information he may have would be appreciated. MOTION by Schmedeke, seconded by Harris, that the Planning Commission suggest recommending the planting of evergreens to the Parks & Recreation Commission for the purpose of screening. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: MOTION by Minish, seconded by Harris, that the Planning Commission meeting of May 6, 1970 be adjourned at 10:10 P.M. Respec�fully submitted Hazel O'Brian Recording Secretary INK Planning Commission Meeting - May 20, 1970 Page 4 Darrel Clark said the requirement of the Code for planting does provide for a 20 foot green area between the parking lot and the street. Mr. Minish said they were dealing with a rather difficult piece of property with Hwy. #65 to the East and residential to the West. When the veterinary clinic and the mortuary were brought before the Board of Appeals , he did not recall any strong objections from the neighbors on Baker Street. However, he did feel that the proposed petition was not consistent with the type of existing structures. His feeling would be to recommend against the special use permit as he thought the major objection of the neighbors was the open storage. Mr. Schmedeke stated that the lot is quite narrow, and it was not the proper width under the new ordinance, but there was enough square footage. Mr. Mischke said if he were to move the fence in another 20 feet, it would be 60 feet from the property line of the residential area. He was not against doing that, but it would be hard to maintain. MOTION by Minish, seconded by Harris, that the Planning Commission recommend denial to the Council of the Special Use Permit request, SP #70-02, by Recreation Equipment Sales, Inc., Glenn W. Mischke, to permit retail sales of campers, trailers, motor homes, recreational equipment in a C-2S District to be located on Lots 1 and 5, Block 1, Herwal 2nd Addition. Upon a voice vote, Minish voting aye, Harris and Schmedeke voting nay, the MOTION FAILED. Mr. Harris felt the Petitioner should bring in his plans before the Planning Commission should make a decision. He added a pencil sketch showing the placing of the structure, landscaping, storage and display areas would be adequate. MOTION by Harris, seconded by Schmedeke, that the Planning Commission continue until the next regular meeting (June 3, 1970) the request for a Special Use Permit, SP #70-02, by Recreation Equipment Sales, Inc. to permit retail sales of recrea- tional equipment in a C-2S District to be located on Lots 1 and 5, Block 1, Herwal 2nd Addition, and at that time the petitioner will present a sketch or plot plan. Upon a voice vote, all voting aye, except Minish who voted nay, the motion carried. Mr. Minish asked that the minutes show he was opposed to open storage. The audience were informed there would not be another public hearing before the Planning Commission and therefore they would not receive a notice for the June 3rd meeting. 2. LOT SPLIT REQUEST: L.S. 470-06, GEORGE L. WALQUIST: Lot 6 and S�j of Lot 7, Block 1, Erco's 1st Addition. Site for dental clinic. Mr. Walquist was present. The Engineering Assistant stated that the Plats & Subdivisions-Streets & Utilities Subcommittee recommend approval of the lot split. The Council had approved the variance. The Subcommittee, referring to the Nl� of Lot 7 being tied in with Lot 8, and under one ownership, would help solve the problem of an under- sized lot under the present zoning ordinance, and platted long before the present r Planning Commission Meeting - May 20, 1970 Page 5 ordinance. The Subcommittee had no objections to the proposed building. Mr. Walquist was asked if he had plans for the Nl� of Lot 7 and all of Lot 8. He said nothing was developed yet, but he would try to put an office type of building in there. Referring to the suggestion of legally binding N;� of Lot 7 to Lot 8, Darrel Clark said it would be difficult to do, as, if someone wanted to purchase Lot 8, you would have a hard time to deny it. However, it should be mentioned in the minutes. Mr. Minish suggested that perhaps covenants on Lot 8 to tie it together with the N31 of Lot 7, could be drawn. Or the Commission could approve the lot split subject to the petitioner presenting some sort of document which would tie the Nl� of Lot 7 with Lot 8 and could request him to have his attorney draw up these papers. MOTION by Minish, seconded by Harris, that the Planning Commission recom- mend approval to the Council of the Lot Split request, L.S. #70-06, by George L. Walquist of the S), of Lot 7, Block 1, Erco's 1st Addition subject to the owner preparing a covenant or other recordable document that would tie the North Half of Lot 7 to Lot 8 so that a good marketable title to Lot 8 could not be conveyed without tying in the North Half of Lot 7. Upon a voice vote, all voting aye, the motion carried unanimously. 3. COMMUNICATION FROM CITY ATTORNEY TO CITY MANAGER: The letter of May 18, 1970 from Leonard T. Juster, City Attorney, to the City Manager regarding the letter of Oliver Erickson of April 17, 1970 concern- ing variances, was passed on to Oliver Erickson, Chairman of the Planning Com- mission. No action. 4. PLANTING OF EVERGREENS IN FRIDLEY: CONSULT PAUL BROWN, DIRECTOR OF PARKS AND RECREATION: MOTION by Schmedeke, seconded by Harris, that the Planning Commission ask the Director of Parks and Recreation to come before the Planning Commission with a recommendation of the species of evergreens and a list of the trees and shrubs that will do well in Fridley soil and suggest types for screening between com- mercial and residential areas. Upon a voice vote, all voting aye, the motion carried unanimously. 5. SCHEDULE FOR PLANNING COMMISSION MEETINGS : Acting Chairman Fitzpatrick stated he would be gone part of this summer. The Commission talked about a summer schedule and decided they would let the requests and petitions be the deciding factor when they would meet using their regular days. The members present expressed a preference for meeting at 8:00 o' clock. However, if the Subcommittee did not meet at 7:00 o'clock on the same evening, they would go back to 7:30 P.M. REGULAR COUNCIL MEETING OF APRIL 20, 1970 PAGE 14 The City Attorney added that any torrens property would have to be done by registered land survey in Anoka County. MOTION by Councilman Sheridan to approve- the registered land survey requested n�by George Walquist. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. it1 DISCUSSION OFPROPOSEDDENTAL CLINIC: (GEORGE WALQUIST) s The City Engineer said that. he had advised. Mr.- Walquist that the normal procedure would be to go to the Board of Appeals for the variance and the Planning Commission for the lot split, but Mr. Walquist insisted on going to the Council first. The City Manager added that this is the item which Mr. Oliver Erickson, Chairman of the Planning Commission, wrote to the Council about. Councilman Sheridan said that it seemed to be a problem of square footage on property previously platted. The City Engineer said that when reviewing the Zoning. Ordinance the Council wanted to establish minimum size when discussing the Hyde Park area. He- would need a variance and the lot split. He wants to split a lot into two commercial lots. Councilman Liebl said that he would have to go.before the Building Standards - Design Control Subcommittee also with his plans. The City Engineer said yes, he did not feel that there would be too much time wasted in going to the Board of Appeals and the Planning Commission. At the- same time he could process the building plans through the Building Standards - Design Control Subcommittee. Mayor Kirkham asked the City Engineer to indicate to the applicant that the Council can see no objections, but that they would prefer that the normal policy be followed. RESOLUTION #81-1970. - RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: - STREET IMPROVEMENT PROJECT ST. 1970-4, ADDENDUM #1: MOTION by Councilman Liebl to adopt Resolution #81-1970. ' Seconded by Councilman Sheridan. The City Engineer explained that this resolution covers the Onaway Addition area. They are scheduled for improvement next year, but water and sewer is now being installed in this area. There is a problem-that.when. the water and sewer is done, the streets will need a good base for the trucks to drive on.. It is. very sandy in this area. It is his suggestion that a public hearing be held and if affirmative, that the curbing, base and mat_ be. put on, and leave the final mat until the storm sewer problem is solved. It might_ be two years before the storm sever is installed. He recommended with the prices going up so fast, that it be done this year. Councilman Breider asked- how iong. it would be-before the plans are completed for the storm sewer. The. City Engineer said that the preliminary plans are completed now, it is the problem of Spring Lake Park agreeing to participate. The plan approved by the Fridley Council is for a pipe from University Avenue -to the rail* road tracks, and from there to the river it would be open ditch. Spring Lake Park wants all open ditch. The decision is between the Fridley Council and the Spring Lake Council. The cost was estimated in 1968 to be about $80,000 to clean the ditch and put bigger culvert under the railroad tracks and about $250,000 to pipe the water all the way from University to the railroad tracks. Fridley wants a full pipe system and Spring Lake Park wants a full ditch system. The sanitary sewer system has been designed on the basis of a pipe system as previously approved by the City Council. REGULAR COUNCIL MEETING OF APRIL 20, 1970.. PAGE 13 RECEIVING. THE MINUTES OF THE INDUSTRIAL DEVELOPMENT COMMISSION MEETING OF MARCH 11, 1970: MOTION by Councilman Liebl to receive the Minutes of the Fridley Industrial Development Commission Meeting of March 11, 1970. Councilman Breider questioned Article 5 pertaining to appointments in-relation to Article 8 stating that the duration of the commission. shall be perpetual subject_ to the City Council. He felt that the Council should have the right to make appointments when necessary throughout the year. Mayor Kirkham said that he thought so also. Councilman Breider further questioned Article 4 and said that he was not in favor of the last phrase having to do with personal financial gain. He felt that there could be no question of public funds being used if there was financial gain. Councilman Liebl said that perhaps the City Attorney should put the by=laws in proper legal language. Mayor, Kirkham asked for a review by the City Attorney and after his review it is to be brought.back. Councilman Breider pointed out Article 6, having to do with funding and said that they should submit a budget. Mayor Kirkham commented that when the Commission was started it was not known just how much money they would really need.. Now they should know how much they need to submit in a budget. The City Manager said that he sends out a memorandum.to all departments and commissions asking them to submit their budget by a certain date. Mayor Kirkham said that the City Attorney will review the by- laws, and Councilman Breider said that he would not want the Commission to get into any legal difficulty. It was agreedthat after the.by-laws are amended by the City Attorney they are to be forwarded to the .Industrial Development- Commission. THE MOTION was seconded by Councilman Breider and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. AWARDING CONTRACT FOR WATER PROJECT #95, SCHEDULE.B: ._ (Bids received April 13, 1970) NOTE: Bids l.isted.in Minutes of April 13, 1970. The City Engineer explained that this is for the pumping facility for four wells. The estimated cost was $337,000 and the .low bid..came in at $454,203.00 by Berglund Johnson, Inc. , including the park building. If the park addition is deleted the low bidder would be Peterson-Templin, Inc. The difference for the park addition is about $14,000 fora 21' X. 42' addition. . He .theu.showed.the plans on the easel. Councilman Sheridan said that the estimate for the park additionwas for about $20,000. Originally he said that he was not in favor of' the park addition, but for $14,000 it would seem worth the money. Th.e.City:Engineer said that there would be toilet facilities, office and storage facilities. Councilman Sheridan asked what was the cost .per square foot and.the City. Engineer said about $15.00 per square foot. MOTION by Couacilman. Sheridan .to award Water.Project. #95,. Schedule .B to Berglund - Johnson, Inc. in the amount of $454,203.00. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION..OF.APPROVAL OF A REGISTERED LAND-SURVEY-FOR AREA GENERALLY LOCATED IN NORTHEAST QUADRANT, OF CENTRAL AND MISSISSIPPI STREET. REQUEST BY GEORGE WALQUIST: The City Engineer explained that this lot split was originally approved April 10, 1967. When Mr. Walquist took it. to Anoka County the Torrens Certificate Exam3.n@X would not accept it and said that it would have to be a registered land survey. REGULAR COUNCIL MEETING OF APRIL 20, 1970 PAGE 26 C. WM. F. MESSERLI: REFUND OF REC CHARGES MOTION by Councilman Sheridan to receive the communication from Mr. William F. Messerli dated April 3, 1970, written on behalf of the property owner, Mr. Richard Brisbois, ar_1 instruct the Administration to reply. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. D. FRIDLEY CITY BAND: EXPRESS APPRECIATION FOR SUPPORT MOTION by Councilman Liebl to receive the communication from the Fridley City _Band, signed by Richard B. Kinsman, President, dated April 12, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. E. N.S.S.S.D. : APPROVAL OF HOOKUP FOR LOCKE PARK FILTRATION PLANT MOTION by Councilman Liebl to receive the communication from the North Suburban Sanitary Sewer District dated April 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. IF. CITY MANAGER: REPRESENTATION ON ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL The City Manager reported that Mr. Robert Johnson, County Attorney has indicated that he would appreciate the Council appointing the two members of the Joint Law Enforcement Council. One of the members would be a Council Member and the other the Chief of Police. MOTION by Councilman Liebl to .appoint Councilman Raymond Sheridan as the Fridley Council's representative to the Anoka County Joint Law Enforcement Council. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � Councilman Sheridan indicated that he would be unable to attend the Meeting • scheduled for next Saturday morning (April 25th) as he had a prior commitment. 006 It was agreed by the Council that Councilman Tim Breider is to go in his place. G. OLIVER R.' ERICKSON: COMMENTS .ON THE NEW ZONING ORDINANCE AS APPLIES TO MR. GEORGE WALQUIST'S APPLICATION FOR A DENTAL CLINIC MOTION by Councilman Liebl to receive the communication from Mr. Oliver R. Erickson, Chairman of the Planning Commission dated April 17, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham'decl,ared the motion carried. ADJOURNMENT: MOTION by Councilnan Sheridan to adjourn the meeting. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of April 20, 1970 adjourned at 11:50 P.M. Respectfully submitted, Juel Mercer Jack O. Kirkham Secretary to the City Council Mayor xnZUULAR WuAU-L ., MEETING ue DAY 4, 1970 eAGE 18 Mr. Mike O'Bannon, the property owner to the south said that he had no objection. Mrs. Bev Novalany, 1288 Skywood Lane N.E. , said that there is a very sharp bank between their homes and since the dirt has been disturbed the sand has been washing down into her yard around her evergreen trees, and she was afraid that they would be killed. She said that she understood that they plan on sodding or putting in a retaining wall, but she wondered what could be done in the meantime to save her trees. Councilman Harris asked if she had talked to the property owners. Mrs. Novalany said that they had said that they would sod, but by that time her trees would be ruined. Mrs. Petron agreed that they would be sodding, but not before construction is completed. The City Engineer said that not too much could be done, but suggested that a gully could be tried to make the water run to the west rather than to the north. Mrs. Petron asked what would be their responsibility. Councilman Harris said that she would be responsible if it is her dirt washing onto Mrs. Novalany's land. Councilman Sheridan commented that there is an easement through between the homes, so a retaining wall could not be built, they would have to sod. OTION by Councilman Sheridan to grant the variance requested by James L. i` vtron and ask the City Engineer to look into the erosion problem.U seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. x 3. A REQUEST FOR VARIANCES OF SECTION 45.103, PARAGRAPH 1 AND SECTION ` 45.103, PARAGRAPH 2, TO REDUCE THE LOT AREA REQUIREMENT FROM 25,000 SQUARE FEET TO 17,000 SQUARE FEET AND TO REDUCE THE LOT WIDTH REQUIRE- MENT FROM 200 FEET TO 139 FEET, TO ALLOW THE CONSTRUCTION OF A DENTAL CLINIC ON LOT 6, AND THE SOUTH � OF LOT 7, BLOCK 1, ERCO'S FIRST ADDITION, THE SAME BEING 1281 MISSISSIPPI STREET, FRIDLEY, MINNESOTA. (REQUEST BE GEORGE L. WALQUIST, 4230 CENTRAL AVENUE N.E. , MINNEAPOLIS, MINNESOTA) : The City Engineer said that this request is for a dental clinic on Channel Road and Mississippi Street. There is also a request before the Planning Commission for a lot split. They want to make three lots into two lots. Councilman Breider said that he would like to have Item 2 of the stipulations struck from the Board of Appeals Minutes which reads: "He owned the land prior to adoption of the new Zoning Ordinance". He said that he did not go along with this type of reasoning. MOTION by Councilman Sheridan to concur with the finding of the Board of Appeals and grant the variances for George Walquist, striking Item 2, "He owned the land prior to adoption of the new Zoning Ordinance" from the Board of Appeals Minutes. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of April 29, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 27, 1970: MOTION by Councilman Liebl to table the Minutes of tie Parks and Recreation REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 17 Mr. Richard Harris said that they did approve of the concept, but a request for a permit has not been approved to date. The applicant was having problems with financing. There is a fairly small plot. They originally proposed a five unit building, but they could not get the financing, so they cut it down to a four unit. If 80% brick was demanded it was felt that the cost per unit would be prohibitive. He said that the Building Board would like some direction from the Council in cases such as these, where it is a small building and the per unit cost would be very high with brick. Councilman Liebl said that the Council policy has been to try to improve the construction of the buildings that come before them. The Building Standards - Design Control should try, to get the applicants to enhance their buildings as much as possible. Mr. Harris said that the builders were proposing alternate materials, and Councilman Harris commented that they should bring their plans before the Building Board, and then the Council, to let them see them. MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of April 23, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 29, 1970: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE REQUIREMENT FROM 5 FEET TO 2 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOTS 41 AND 42, BLOCK 11, SPRING BROOK PARK ADDITION, ' THE SAME BEING 266 ELY STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY MR. JACK BRUHN AND ASSOCIATES, INC. , 5406 FLORIDA NORTH, CRYSTAL, MINNESOTA) : Mr. Doc Farr, Building Consultant with Jack Bruhn and Associates brought his plans forward for discussion at the Council table. It was decided through the discussion that the applicants original plans are to be redrawn to show the garage being set back an additional 4 feet to allow more room to the lot to the west for further construction. MOTION by Councilman Breider to approve the variance as discussed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 24.4 FEET TO ALLOW THE CONS- TRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 11, AUDITOR'S SUBDIVISION #94, PARCEL 1530, THE SAME BEING 5300 FILLMORE STREET N.E. (REQUEST BY JAMES L. PETRON, 5600 ZELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA) : The City Engineer said that this request is for a variance from 35 to 24.4 feet for the construction of a new home. This is a long lot that has been sitting because of an oil pipe going through it. This setback would be the same as the house on the south side. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 16 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 6, 1970: 1. REZONING REQUEST, ZOA #70-04, CPL. JAMES L. ROBINSON BY G.D. GIANCOLA TO REZONE LOTS 1 TO 6, LOT 9, AND NORTH 68 FEET OF LOT 20, CENTRAL AVENUE ADDITION: Rezone Lots 1 to 4 and Lot 9 from C-1 to C-2 and Lots 5 and 6 and north 68 feet of Lot 20, Central Avenue Addition from M-1 to C-2. (Corner of 73rd Avenue and Central Avenue) MOTION by Councilman Breider to set the Public Hearing for the rezoning request by Cpl. James L. Robinson for June 8, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 2. LOT SPLIT REQUEST: L.S. #70-05, CPL. JAMES L. ROBINSON BY G.D. GIANCOLA, ATTORNEY: Lot 20, Central Avenue Addition. Split so N' is 68 feet and S� is 67 feet. (126 feet west of Central Avenue and north of Brook Street) It was agreed that this lot split will be taken up at the same time as the rezoning. 3. LOT SPLIT REQUEST: L.S. #70-07, ALBERT H. HARTMANN: Six foot triangular parcel from Lot 20, Block 2, Sandhurst Addition added to Lot 19 to provide room for existing driveway. MOTION by Councilman Liebl to concur with the lot split requested by Albert H. Hartmann. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �( 4. LOT SPLIT REQUEST: L.S. #70-06, GEORGE L. WALQUIST: To split Lot 7, / \ Block 1, Erco's 1st Addition in half combining the Sli of Lot 7 with Lot 6 to make a building site for a proposed dental clinic. The City Engineer said that there was no action necessary by the Council as the Planning Commission has not made a recommendation as yet. He added that this is the item that Mr. Eldon Schmedeke spoke of in the beginning of the Meeting. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of May 6, 1970. Seconded by Councilman liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 12, 1970: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDEYARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 7, BLOCK 3, HEATHER HILLS ADDITION, THE SAME BEING 6243 KERRY LANE N.E. F_R_IDLEY, MINNESOTA (REQUEST BY ROBERT D. LEDIN, 1923 LINCOLN STREET, MINNEAPOLIS, MINNESOTA) : The City Engineer reported that there was no action necessary as this item was denied by the Board of Appeals. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE I& CONSIDERATION OF REQUEST FOR STORM SEWER CONNECTION TO ONONDAGA STREET SYSTEM BY MIKE J. ELNICKY: The City Engineer said that he is building an apartment house and is willing to put in a pipe through to Bacon Drive on Onondaga Street. There is no easement so the City would have to acquire one, and he cannot hook onto the line in 73rd Avenue without digging up the new street. The question is if the Council wishes to allow him to develop, with the thought that there will be a storm sewer system later when the property develops more, or to get an easement for him to connect onto the line in Onondaga. Councilman Sheridan asked if he put in the conduit from his building site to the line in Onondaga, would he be willing to put in the size pipe to take care of future development. The City Engineer said yes, the size is no problem, the problem would be the cost of the easement. Councilman Sheridan said that by acquiring an easement, the City may be dictating the future development. He thought that it would be better to let him develop his property until the development in the area dictates a storm sewer system, then put it in as a project. The City Engineer said that this area was originally deleted from a district, so when it goes in, it will become a sub-district. MOTION by Councilman Harris to let Mr. Elnicky develop his property with surface drainage and a ponding area at the back lot line, until future development dictates a storm sewer system. Seconded by Councilman Breider. Upon a voice vote, Kirkham, Harris, Breider and Sheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Councilman Liebl said that he felt that this was creating a problem, and if the developer was willing to put in the pipe, this would have been better. RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF APRIL 27, 1970: MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of April 27, 1970. Seconded by Councilman Breider for discussion. Councilman Breider said in reference to Chase Island, that the Parks and Recreation Commission seem to be talking about a considerable expenditure of money. , He said that in his opinion he would rather see the money spent on existing parks rather than the development of a new park. He said that he would like to see some priorities if they are starting on their budget for the next year. Councilman Harris agreed that he felt that this would be a low priority item. He said that he thought that this was indicated to them before. Mayor Kirkham said that he felt that some areas should be left natural, and Councilman Sheridan agreed. Mayor Kirkham said that this could be done sometime, but he did not believe in the immediate future. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MAYOR KIRKHAM- LEFT THE MEETING AND MAYOR HARRIS PRO TEM PRESIDED FOR THE REST OF THE MEETING. REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 10 Councilman Sheridan said that the railroad has six months between the first reading and the second reading of the rezoning ordinance, before they would have to start all over again. Prior to the six months limitation being up, he felt that the railroad should again be approached on their plans and informed that their time is almost up. The City Engineer pointed out that some of the temporary work can be done for the Spur Station and maybe the construction of Mississippi Street could start next year or the year after. MOTION by Councilman Liebl to receive the communication from the Murphy Oil Corp. dated May 11, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried.unanimously. -� FIRST READING OF AN ORDINANCE AMENDING SECTION 45.103 RELATING TO THE LOT AREA AND LOT WIDTH REQUIREMENTS FOR C-1, C-1S, C-2, C-2S: Councilman Harris wondered what was to prevent an application for a building permit on a lot 200' X 100' . The City Engineer said nothing, but he would still have to meet the parking requirements, land to building ratios, etc. He said that he checked some of the lots in Hyde Park and those combination of lots having 200 feet frontage would have close to 25,000 square feet. He pointed out that there are not too many commercial lots left in the City except those newly rezoned in Hyde Park. MOTION by Councilman Liebl to adopt the Ordinance on first reading and waive the reading. Seconded by Councilman Harris. Upon a roll call vote, Breider, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION. MEETING OF MAY 20, 1970: LOT SPLIT REQUEST: L.S. #70-06, GEORGE.L. WALQUIST: Lot 6, and S� of Lot 7, Block 1, Erco's lst Addition. Site for dehtal clinic. The City Engineer said that the Planning Commission recommended approval with the condition that the N� of Lot 7 and Lot 8 be platted together in some way under one description. Mr. Walquist said that Lot 7 and Lot 8 are both 83' X 139' . He then came up to the Council table for discussion. The City Attorney said that the only way he knew of to tie the N� of Lot 7 with Lot 8 would be a registered land survey or a replat of the lots. He said that he knew of no other document that could be used. He thought that a registered land survey would be easier for a small parcel. MOTION by Councilman Sheridan to concur with the Planning Commission and grant the lot split requested by George Walquist, with the condition that the A of Lot 7 and Lot 8 be either under a registered land survey or replatted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of May 20, 1970. Seconded by Councilman Sheridan. Upoa. a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 1, 197L PAGE 9 MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of May 26, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 25, 1970: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of May 25, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE 1970 AUDIT REPORT AND MEMO FROM GEORGE M. HANSEN COMPANY: Mayor Kirkham commented that he thought that the report was very well done. MOTION by Councilman Liebl to receive the 1970 audit report and the memo- randum from George M. Hansen Company dated May 18, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Breider asked the Finance Director if these will be followed up on. The Finance Director said yes, throughout the year, although nothing is planned in the data processing field. The Finance Officer's group have looked into this. The City Manager commented that there have been studies made on more than one community going together on it. The Finance Director said that about three years ago when the present equipment was first con- templated, it was felt that the present system would be the best for the City's needs. This could be considered an interim step. DISCUSSION REGARDING IMPROVEMENT AT CORNER OF MISSISSIPPI STREET - SPUR SERVICE STATION: The City Engineer explained that this is tied in with the negotiations with the railroad for the underpass on Mississippi Street. The railroad at present is not willing to concede, and grant the City what is requested as far as the conditions attached to their yard construction is concerned, so the underpass is being held up. The County plans on working on Mississippi Street next year. The whole improvement has to be concurred with by the County, City and the railroad because of the cost. He said that his recommendation is to push for the underpass and do the job right as it is so badly needed. The City might have to wait for the railroad if there are to be more dis- cussions. There is concurrance on all but one item. Councilman Liebl said that the Council received the study on East River Road 3 or 4 weeks ago, which includes the Mississippi Street intersection. He said that he believed that there was a fire hydrant that has to be moved and some other items to take care of. He felt that the railroad was stalling. He pointed out that the traffic on East River Road and Mississippi Street will not decrease. He felt that there should be stricter enforcement of the speed limit on East River Road. COUNCILMAN HARRIS ARRIVED AT 9:00 P.M. The City Engineer said that the Spur Station was concerned about the traffic backing up on Mississippi Street. He stressed the importance of getting this underpass started. He commented that if 'it.were t9 jtAWnow, it would probably take 2 years to complete. REGULAR COUNCIL MEETING OF AUGUST 17, 1970 PAGE 5 MOTION by Councilman Harris to approve the special use permit requested by Arthur E. Canton. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion .aarried unanimously. 4. STREET NAME SIGN STANDARDS: The City Engineer said that the Planning Commission recommended a change from the standard 6" sign to a 9" blade on main intersections. They also recommend that they first be tried on Mississippi Street. He explained that both Minneapolis and St. Paul are color coding their signs so that the north and south street signs are green and the east and west ones are brown. He said that there is a $3 differential between the 6" and the 9" sign. Councilman Liebl asked if there would be sufficient money in the budget to try the program on Mississippi Street, and the City Engineer said yes. He explained that they would not be destroying signs, but they would be used on interior streets. Previous to the last three years the City has used 3" letters on a 4" sign, but standards were changed in 1968 and now the 6" sign has been used, with 4" letters. Every time a new street sign is needed, the new standard is used. They are changed as needed. There would be 10 or 12 signs needed for Mississippi Street and it would not involve a great deal of money. The Planning Commission felt that they would like to see one street completed on a trial basis. Councilman Breider asked if the City would get a discount if the buying is done in quantity. The City Manager said that in most cases if a product is bought in quantity, the cost is less. The Finance Director added that these would be purchased through Hennepin County. MOTION by Councilman Harris to instruct the Administration to implement the program on Mississippi Street from T.H. .#47 to- Central Avenue. Seconded by Councilman Liebl. Mayor Kirkham said that he would like to be able to tell when he enters into Fridley by a different color sign. He said that the north-south signs could be left green, but suggested another color be used for the east-west streets. The City Engineer said that Minneapolis and St. Paul are getting these signs made. If Fridley were to order a different color there may be a larger cost differen- tial. The paint used is a special reflectorized paint. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the Minutes of the Planning Commission Meeting of August 5, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF AUGUST 6, 1970: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A DENTAL CLINIC TO BE LOCATED ON LOT 6 AND THE SOUTH HALF OF LOT 7, BLOCK..1, ERCO'S IST ADDITION, THE SAME BEING 1281 MISSISSIPPI STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY GEORGE WALQUIST, 4230 CENTRAL AVENUE N.E. , COLUMBIA HEIGHTS, MINN.) : The City Engineer said that this request is for a dental clinic on the corner of Mississippi Street and Channel Road, It Will be a brick building with cedar shakes on the roof. The Building Standards —Design Control recommended approval subject to some stipulations. C I i REGULAR COUNCIL MEETING OF AUGUST 17, 1970 PAGE 6 MOTION by Councilman Harris to approve the permit for the dental clinic requested by George Walquist, subject to the stipulations of the Building Standards - Design Control Subcommittee. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO MOVE A GARAGE FROM 1515 HIGHLAND PARK WAY, ST. PAUL, MINNESOTA TO 225 LIBERTY STREET, FRIDLEY, MINNESOTA, THE SAME BEING LOTS 18 AND 19, BLOCK 11, SPRING BROOK PARK, ANOKA COUNTY, MINNESOTA. (REQUEST BY GENE GRAUNKE, 225 LIBERTY STREET N.E. , FRIDLEY, MINNESOTA) : The City Engineer said that the Building Standards - Design Control recommended approval of the moving of the garage. He then showed the Council a picture of the garage, and commented that the garage is in good shape. MOTION by Councilman Breider to approve the moving of a garage onto 225 Liberty Street N.E. requested by Gene Graunke. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of August 6, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 11, 1970: 1. A REQUEST FOR A VARIANCE OF SEC.TI.ON 45.053, 4B, SUBPARAGRAPH 4, TO REDUCE THE SIDE YARD REQUIREMENT OF THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 14.2 FEET TO PERMIT THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING HOUSE LOCATED ON LOT 15, BLOCK 4, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 660 MARIGOLD TERRACE N.E. , FRIDLEY, MINNESOTA. (REQUEST BY JEROME A. MANLEY, 660 MARIGOLD TERRACE N.E. , FRIDLEY, MINNESOTA) : The City Engineer said that this house is on the corner of Marigold Terrace and Monroe Street. The existing house already has a setback of 14.2 feet. The Board of Appeals recommended approval. The addition would be south, to the rear. MOTION by Councilman Liebl to approve the variance requested by Jerome A. Manley, 660 Marigold Terrace. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that the second item, a variance for a sign at Frontier Club has been withdrawn by the petitioner as he has decided that he would stay within the requirements of the Ordinance. MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of. August 11, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. BUILDING STANDARDS-DESIGN CONTROL MEETING OF AUGUST 6, 1970 The meeting was called to order by Chairman Harris at 8:03 P.M. MEMBERS PRESENT: Harris, Tonco, White, Gnerre MEMBERS ABSENT: Hart OTHERS PRESENT: Hank Muhich-Chief Building Inspector MOTION by Tonco to approve the minutes of the July 23, 1970 meeting as written. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A DENTAL CLINIC TO BE LOCATED ON LOT 6 AND THE SOUTH HALF OF LOT 7, BLOCK 1, ERCO'S IST ADDITION, THE SAME BEING 1281 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY GEORGE WALQUIST, 4230 CENTRAL AVENUE N.E. , COLUMBIA HEIGHTS, MINNESOTA 55421 :) Mr. Walquist was present to present the request . Mr. Walquist stated that the building would be masonry construction with face brick exterior. It will have a mansard roof with cedar shakes . The Board stated that louvres would have to be put in for ventilation in the overhang of the roof to prevent dry rot. They also stated that a fire block would have to be put in the roof. The building will have steel studs with 16" centers on all framing. Type X sheetrock which is fire resistant will also be used. MOTION by Tonco to recommend approval to the Council to grant a building permit for the proposed dental clinic subject to the following stipulations: 1 . That the roof will be machine cut cedar shakes . 2. That louvres will be put in for ventilation in the roof. 3. That fire blocking be put in the mansard roof. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO MOVE A GARAGE FROM 1515 HIGHLAND PARK WAY, ST. PAUL, MINNESOTA, TO 225 LIBERTY, FRIDLEY, MINNESOTA, THE SAME BEING LOTS 18 AND 19 BLOCK 11 SPRING BROOK PARK ANOKA COUNTY MINNESOTA. (REQUEST BY GENE GRAIRM, 225 LIBERTY, FRIDLEY, MINNESOTA. Mr . Graunke was present to present the request . Mr. Graunke stated that he was going to take the garage apart at the corners and that he would then put the walls up on a concrete slab . He is also going'to put a hip roof on the garage to match the house roof . A report from the Building Inspection Department was presented to the Board . The report stated that the building had a white cedar exterior and an asphalt roof. All studs and rafters are 16" centers on all framing. There i6 a need for one or two more collar ties t9 string the building up to City code. One glass pane is broken on the entrance 'door bu; otherwise the garage is in very good condition throughout. ORDINANCE NO. 459 AN ORDINANCE AMENDING SECTION 45.103 RELATING TO THE LOT AREA AND LOT WIDTH REQUIREMENTS FOR C-1, C-1S, C-2, C-2S The Council of the City of Fridley do ordain as follows: SECTION 1. Section 45.103, Subdivision 1 of the Fridley City Code is hereby amended to read as follows: 1) Lot Area - A lot area of not less than 25,000 square feet is required for one main building, however, if the lot width for a lot is a minimum of 200 feet, the lot area requirement of 25,000 square feet is waived, and no minimum lot area is required. 2) Lot Width - A lot width of not less than 200 feet is required at the required setback, however, if the lot area for a lot is a minimum of 25,000 square feet, the lot width requirement of 200 feet is waived and no minimum lot width is required. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF JUNE, 1970. MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: June 1, 1970 Second Reading: June 151, 1970 Publish. . . . . . . : June 24, 1970