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ZOA73-02 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA C / / Ratoning PLANNING AND ZONING FORM Special Use Pe;%tt Vprtapce APPL.$CAK'S SIGNATUREAAprovol of vre+ t liminary Plat Telephone Number_ 7J6 :/,� r� Platoval of Ftnol MOPF.RTY OWNER'S SIGNATURE _Streets or Vacations Address Other Tgleph©no Number�� Otfoot lApation of Property. 7F6'0 ,xpgal Description of Property .,) 3 l 7 S Presgnt Zoning. Classification i Xxt*iing Use of the Property, Proposed Zoning Classification, Special Use, Varipance or other request x " -Z pgocrlbe briefly the Type of Use and the Improvement Proposed Agreage of Prop rty H*q the present Applicant Previously Sought to Rezone, Plat, Obtain a Tot Split# Obtain a Variance or Special Use Permit on the Subject Site or Part of It? When? What wee Requested Fee Enclosed pato Piled Date of Hearing 4 PLANNING AND ZONING FORM PAC 2 Number��% The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names a`nd addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersi3ned. Residents and Owners of Property within 300 feet:* PERSONS ADDRESS A sketch of proposed property and structure must be drsvn on the back of this form or attached, showing the following: 1. North Direction 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Nacres S. Location End use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. 'i ,�-� ) DAM `J % SIGNATURE (APPLICANT) • � R if � � )f � � if Approved Denied_ By the 3oasd of Appebls Subject .to the Following Conditions: date Approved Denied by the Planning Commission on `3/717,9 Subject to the Lollowing Conditions: date Approved Denied __ by the Council on Subject to the Following Conditions: date Fora PC 100 f (Official Publication i OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORETHE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridlev in the City Hall at 6431 University Avenue Northeast on March 7.1973 in the Council Chambers at 8:00 p.m.for the purpose of: Consideration of a rezoning request ZOA No. 73-02, by Robert D. De- Gardner to rezone from R-1 iSingle Family Dwelling Units) to C-R1 ,General Office and Limited Busi- ness 1 Lots 22.23.24 and 25,except the West 60 feet.-Block 7, Spring Brook Park Addition,all lying in the South Half of Section 3.T-30. R-24, City of Fridley, County of Anoka. Minnesota. Generally located at 7950 East River Road. Anyone desiring to be heard with refer- ence to the above matter may be heard at this time. OLIVER R.ERICKSON.Chairman PLANNING COMMISSION (Feb.28&Mar.7,1973 i—TC OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall, at 6431 University Avenue Northeast on March 7, 1973 in the Council Chambers at 8:00 P.M. for the purpose of: Consideration of a rezoning request ZOA #73-02, by Robert D. DeGardn.er to rezone from R-1 (Single Family Dwelling Units) to C-RI (General Office and Limited Business) Lots 22, 23, 24 and 25, except the West 60 feet, Block 7, Spring Brook Park Addition, all lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, . Minnesota, Generally located at 7950 East River Road, Anyone desiring to be heard with reference to the above matter may bp, heard at this time, OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: February 21, 1973 Fe.0ruary 28, 1973 �. ZOA #73-02 ROBERT DEGARDN' ♦ r� 1 Lots 22-25, Except the West �v ��•• "'"` Block 7, Spring Brook Part Rezone from R-1 to C-RI Owe 411 ^r— i• j y ! ' 7 `t �/c �" `� tiln ...i�5. 32 p� !�" l 2 3 4 S C. 7 8 9 /o I// /? /3 H / /s117 A" Ea •.n9y.r /7 V P'.""'•fir^"'^- ��cc �/� w � '"`� � •,� /. '.r/p � � y°,., v a5"y•ur'• � ,a'1 a 2' u 3t �I. 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Planning Commission February 19-, 1973 Rezone from R-1 to C-RI Block �, Spring Brook Council Park Robert DeGardner f Edward Moen 7950 East River Road 7969 East River Road N.E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 Gordon Schwabe Gale Melby 427 Longfellow Street N.E. 305 Longfellow Street N.E. ` Fridley, Minnesota 55432 Fridley, Minnesota 55432 '5 James Dolney James Rundle 417 Longfellow Street N.E. 4135 Sheridan Avenue North Fridley, Minnesota 55432 Minneapolis, Minnesota �" j. Rexferd Ramsdell Arthur Fedie 409 Longfellow Street N.E. 437 Longfellow Street N.E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 John Scott Lee Bolduc 391 Longfellow Street N.E. 455 Longfellow Street N.E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 Daniel Larson Kenneth Nelson 385 Longfellow Street N.E. 447 Longfellow Street N.E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 Bruce Chrysler Eugene Dahl 420 Liberty Street N.E. 450 Liberty Street N.E. Fridley, Minnesota 55432 Fridley, Minnesota 55432 Leslie Shore Tax Exempt - State of Minnesota 434 Liberty Street N.E. Fridley, Minnesota 55432 Theodore Erickson 450 Longfellow Street N.E. Carl Peterson Fridley, Minnesota 55432 7942 East River Road N.E. Fridley, Minnesota 55432 Ralph Mong 424 Longfellow Street N.E. Winfred morphew Fridley, Minnesota 55432 7948 East River Road N.E. Fridley, Minnesota 55432 Clifford Lee Jr. 423 - 79th Avenue N.E. Jerome Zellner Fridley, Minnesota 55432 380 Longfellow Street N.E. Fridley, Minnesota 55432 Harvey Nelson 409 - 79th Avenue N.E. Bruce Kothman Fridley, Minnesota 55432 386 Longfellow Street N.E. Fridley, Minnesota 55432 Nellie Lindsay 379 - 79th Avenue N.E. Arthur Canton Fridley, Minnesota 55432 402 Longfellow Street N.E. Fridley, Minnesota 55432 Albert Knutson 371 - 79th Avenue N.E. Walter Kikos Fridley, Minnesota 55432 410 Longfellow Street N.E. Fridley, Minnesota 55432 Lester Freese 369 - 79th Avenue N.E. H. Haugland Fridley, Minnesota 55432 4132 Lyndale Avenue North Minneapolis, Minnesota ��y e "~ Pa 2 - ZOA #73-02 ROBERT DEGARDNER Lots 22;25,Except the West 160 ft. Harry Lambrecht Block 7, Spring Brook Park 351 - 79th Avenue N.E. Rezone from R-1 to C-R1 Fridley, Minnesota 55 432 Samuel Realy 341 — 79th Avenue N.E. Fridley, Minnesota 55432 John Johnson 00. 3� P&�is Mdv Id ° 32 6 p jr kind /f+u�- S- Mr Robert Osman 300 Longfellow Street N.E. Fridley, Minnesota 55432 Mr. John McCollan 290 Longfellow Street N.E. Fridley, Minnesota 55432 R.R. Nelson & H. G. Haugland 4132 Lyndale Avenue North Minneapolis, Minnesota Stanley Carey 278 Liberty Street N.E. Fridley, Minnesota 55432 Adm. of Veterans Affairs c/o Owatonna Savings & Loan Elm & Pearl Owatonna, Minnesota 55060 Darlene Vesterly 303 Longfellow Street N.E. Fridley, Minnesota 55432 Richard Staltman 305 Longfellow Street N.E. Fridley, Minnesota 55432 Home Federal Savings & Loan 190-25056 730 Hennepin Avenue Minneapolis, Minnesota it C,4a__,(51 -- -- --- - - -- ------ 7591,4-a44,...,lo- w 0�!86 �� ------ _4f x 41 37 ae TI IT- -- - --- ' _ i I i lQa2 ., 4)q P / 1 fl.fl •w. iiliiLc97� � I :m�� ��•�� �WYLDWDOD LANE �• l:r .i�l:�ri:r�rr 9��,,, p �.:� d Elmj -,_.. tee . �w e r. f CITY OF FRIDLEY PLANNING COMMISSION MEETING MARCH 7, 1973 PAGE l CALL TO ORDER: Chairman Erickson called the meeting to order at 8: 00 P.M. ROLL CALL: Members Present: Er ckson, Schmedeke, Zeglen, Fitzpatrick, Minish Members Absent e No Others Present: Dar el Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: FEBRUARY 21 1973 MOTION by Schmedeke, se onded by Zeglen, that the Planning Commission minutes of February 21, 1973 a approved. Upon a voice vote, all voting aye, the motion carried unani % usly, RECEIVE BUILDING STANDARDS-DESI N CONTROL SUBCOMMITTEE MINUTES: FEBRUARY 22, 1973 MOTION by Zeglen, seconded b Fitzpatrick, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee of February 22, 1973 Upon a voice vote, all voting aye, the motion carried unanimously. 1 , PUBLIC HEARING: REZONING REQUEST, ZOA #73-02, BY ROBERT D. DEGARDNE_R: To rezone Lots 22 through 25, except the Westerly 60 feet, Block 7, Spring Brook Park Addition, from R-1 (single family dwelling greas ) to C-R1 (general office and limited business) for a realty office. Mr. Robert DeGardner was present . MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission waive the reading of the Public Hearing notice for rezoning request, I ZOA X673-02, by Robert D. DeGardner, to rezonp, Lots 22 through 25, except the Westerly 60 feet, Block 7, Spring Brook Addition, from R-1 to C-R1 . Upon a voice vote, all voting aye, the motion carried unanimously. Mr. DeGardner said he has been operating a .real estate business out of his home for 4k years . He said when he built his home, he planned it for a home occupation by having an office in the basement, and now his business is growing, and he wants to expand . Mr. DeGardner said he would like to continue living on the property, but if he expands and adds a recreation room and a double garage, it would make the property much more valuable, with its location on East River Road, but for resale it would be almost nil . Ile said he could operate as he is now if he added on to his Planning Commission Meeting - March 7, 1973 Page 2 house and used the entire basement for his business . He said the reason for the request was to expand the parking area and have more space for his business operation. I don't want this zoned residential, because if for some reason I would have to sell, this property would have no resale value as R-1 . Mr. Erickson asked how many people Mr. DeGardner employed. Mr. DeGardner said he employs six people. He also has contractors who stop in, Mr. Erickson said you are actually operating illegally now. According to our ordinance covering home occupations, if you hire anyone outside of your immediate family, it is an unlawful home occupation. Mr. Erickson said all the property around Mr. DeGardner's property is zoned R-1 . Mr, DeGardner said there is a lot of tax delinquent property around him and as far as a residential area, it isn't one of the best. If I am operating illegally, I will have to get the property rezoned or move, and I prefer having my business where it is presently located. If I sell my property, it would most likely be purchased by someone who wanted to have a home occupation because that's the way I built the property. Mr. Schmedeke asked Mr. DeGardner if he came in on his own for rezoning. Mr. DeGardner said he did, just because he wanted to expand, He didn't realize he was operating illegally. Mr. Clark said if the City had complaints on this business, we would have been aware of the situation and Mr. DeGardner would have been told his business was a non-conforming use. Mr. Bruce Kothman, 386 Longfellow Street N.E. , said he was against an increase in traffic, He said he didn't think Mr. DeGardner could provide enough parking on his -property to handle an 'increase in business . Mrs . Lester Frieze, 369 79th Way N.E. , said if you rezone this property, other people are going to come in and request rezoning on the vacant land in the area. I am against any rezoning in this area. Mr. Winfred Morphew, 7948 East River Road, said he was against the rezoning because he didn't want to see Mr. DeGardner's business get any bigger in a residential area. Mr. Schmedeke said maybe a C-11 district should not have been created in our ordinance. It seems to create business in a residential area. I think people should be informed when they make a request that spot - rezoning isn't allowed. They should develop their business in a commercial area before they try to rezone an R-1 area. Mr. Erickson said he didn't think that Administration could tell anyone they couldn't ask for rezoning. Mr, Schmedeke said he meant they should be advised of the difficulty in obtaining spot rezoning. Planning Commission Meeting - March 7, 1973 Page 3 Mr, Minish askedMr. Clark if the City was aware of the illegal nature of Mr. DeGardner's operation before this meeting. Mr. Clark said no. He said we knew Mr. DeGardner was in business but were not aware he was hiring people who were officed in his home. Mr. Erickson said the City does not go around policing home businesses unless there is a complaint , There have been no complaints on Mr. DeGardner's operation until tonight. The neighbors seem satisfied with Mr. DeGardner. They just don't want him to expand or rezone. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission close the Public Hearing on rezoning request ZOA #73-02, by Robert DeGardner to rezone Lots 22 through 25, Block 7, Spring Brook Park Addition, to rezone from R-1 to C-R1 . Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission recommend to the City Council denial of the rezoning request ZOA #73-02, by Robert D. DeGardner, to rezone Lots 22 through 25, except the Westerly 60 feet, Block 7, Spring Brook Park Addition, from R-1 (single family dwelling areas) to C-RI (general office and limited business), because this business was developed contrary to the home occupation ordinance and if we grant this request we would be sanctioning violation of our Code. Mr. Erickson said he was asking for rezoning so he could expand and run his business legally. Mr, Minish said he thought this was the wrong way to go about it. We Mould be granting de facto rezoning to something developed illegally. I think the character of the neighborhood is residential . Mr. Erickson said he would have to go along with the motion, but he thought it was unfortunate that Mr. DeGardner wasn't aware his business was in violation of the home occupation ordinance. I think it is possible that in time, all East River Road will be zoned commercial, but I don't think it should be started on one piece of property. This may work a hardship on Mr. DeGardner and I don't feel it's his fault. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2, PUBLIC HEARING: SPECK USE PERMIT SP #73-01 BY STANDARD OIL COMPANY: For installati n of a drive-in back-out car wash unit in the existing stall of a service station. Representing Standard Oi were, Mr. Harland McGregor, Real Estate Department, Mr. Fred Housenga, Engineer, Mr, Albert Lake, Sales Representative and Mr. Robert Rabe, operator f the service station at 7609 University Avenue N,E. MOTION by Schmedeke, seco ded by Minish, that the Planning Commission waive the reading of the Public Hearing notice on the special use permit SP #73-91, by Standard Oil Comp ny, for installation of a car wash unit . Upon a voice vote, all voting a , the motion carried unanimously. r ��: �. # , .F � p{F j i w '. 1 �^� t r y$� !�� �+(^I N„{:. S ,i ... rol;' ..... _ - .�w �, t REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 11 UPON A VOICE VOTE , all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 7 1 REZONING REQUESTOA -0 BY ROBERT DEGARDNER: The City Engineer said the request was for rezoning from R-1 to C-RI at 7920 East River Road and the Planning Commission had recommended denial of the request. MOTION by Councilman Nee to concurr with the Planning Commission and deny the rezoning request. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. SPECIAL USE PERMIT, SP #73-01 , STANDARD OIL COMPANY : The City Engineer said the request is for the installation of a drive in type of car wash to be installed in the station at Osborne Road and University Avenue N.E. The City Engineer said the Planning Commission had recommended denial of the request. Mr. Harlan McGregor, a representative from the Oil Company, said the property is -correctly zoned and there were no objections to the installa- tion of the equipment voiced at the Public Hearing. He said he had ob- tained the signatures of the people in the shopping center and the owner of the shopping center. He asked the Council for a favorable vote. Councilman Breider recalled the denial of the request for the installa- tion of a car wash in the Holly Shopping Center. He said the present request created different circumstances thai, those at Holly. He mentioned the amount of traffic and the grade. He said he did not see why there could not be a car wash installed there. He said it would be a convenience to the customers of the station. He mentioned the large amount of space in front of the station. Mr. ,McGregor agreed, there was a large area there, he added, the Oil Company has installed them in much smaller stations. Councilman Breider asked the City Engineer if there would be any proulem with stacking. The City Engineer asked Mr. McGregor if a customer could easily obtain access to the station and &"so back out? Mr. McGregor said yes. The City Engineer said this is not the kind of car wash that you would drive through , but it may cause some additional traffic. Mr. McGregor said the Oil Company has not had any such stacking problems in any community. He added, the facility is an impulse item. Mayor Liebl asked what the major objection by the Planning Commission was based on. He added, they had voted four to one to deny t'he request. Mr. Eldon Schmedeke, Planning Commission, said he had not planned to come before the Council that evening. He said the reason it was denied is r REGULAR COUNCIL MEETING OF MARCH 19, 193 PAGE 12 because there are so many stations in the City and the area that there is going to be many problems. He added, there are car washes in the City and they are trying to operate as car washes if this facility is used a great deal , it would hurt the cars wash business. Mr. Schmedeke said there should not be as many stations , and the City should only put them in where they could financially make it. He said this is why he is against it, there are too many young men investing in stations and turning around and giving them up because they can not make a go of them. He said he believed the next time someone comes in with a request to construct a station, he would like the Council to think about the need for another station. Mr. Ed Fitzpatrick, Planning Commission, said he had heard there was no problem of the station making a go of it. Now this request is presented, he added, for all practical purposes this installation would be for making a success of the station. MOTION by Councilman Breider to approve the request and allow the installa- tion of the car washing facility and issue a special use permit. Seconded by Councilman Utter. Upon a voice vote, Utter, Nee, Breider, Starwalt voting aye, Liebl nay, Mayor Liebl declared the motion carried. Councilman Starwalt asked the members of the Planning Commission not to take the action as not agreeing with their decision, he added he would rather call it not concurring with their decision. REZONING REQUEST, ZOA #73-03, BY SAMUEL TEMPLIN: The City Engineer said this item was pending before the Planning Commission, VACATION REQUEST SAV #73-02, BY SAMUEL TEMPLIN: The City Engineer said the item was pending before the Planning Commission. PUBLIC HEARING: REZONING REQUEST, ZOA #73-04 BY NORTH AIR HOME ASSOCIATION: To rezone from R-3 (general multiple family dwellings) to C-2 (general business areas) Lot 1 , Block 1 , Harstad Addition, and the Southerly 150 feet of Lot 18, Brookview Addition, subject to road easement over South. 50 feet, to bring it up to right code classification. (Knights of Columbus)': The City Engineer said this iters had been continued by the Planning Commi- ssion and it was also being studied by the Building Standards-design Control Subcommittee. The City Engineer said the building was built with a special use permit and now, under the ordinance, It is a non-conforming use. He said he would like to have some discussion with the City Attorney as to whether or not they can expand the facility under the present zoning. He said the Planning Commission is still considering the item. The City Engineer said if the Council wished to wait for the input by the Planning Commission they should take no action on the matter at the present time. He mentioned if there is . some type of emergency to solving the matter presented by the Knights of Columbus people, the Council may want to take action, He said if the Council feels rezoning is necessary, there will have to be a hearing.