Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ZOA70-06
r 16 CITY OF FRIDLEY TYPE OF REQUEST MINNLSOTA PL:4NNYNG AND ZONING FORM xx Rezoning` Y ate:ber ZOA #70--06 _._____Special Use Permit Variance APPLICANT'S SIGNATURE �_ — Lot Splits Sid Bader Address 3005 Ottawa Avenue So St Louis Park, Minn. Approval of Pre- Telephone Number 927-4251 liminary Plat Approval of Final PROPERTY OiTE i'S S IGNATURE Plat Addres® Edwin E. ywicciStreets or Aller. 1619 County Rd H-2 Vacations Telephone Number Other Street Location of Property 1619 73rd Avenue N.E. City of Fridley Legal Description of Property Lot 4, Auditor's Subdivision Number 108 Property request for rezoning is the s m Y 301 Feet of said Lot. Present ZoninS Claosificcation Existing Use of the Property Vacant Proposed Zoning Classification. Spgcial Use. Variance or other request R3 To build one apartment bui Edi ng wa th 24 two-bedroom units . Describe briefly the Type of Use and the Improvemnt Proposed Acreage of Property A little over one acre. Uaa the: Prom= Applicant Previously Sought to Raszone, Plat, Obtain a Lot Split, Obtain a Varicace or Special Use Permit on the Subject Site or Part of It? No —When? . What was Requested Fee Enclosed $40.00 Receipt No. 54Z1'I7—""--' Dente Fil®d Oct- 70 Date of Hearing y - , PACE 2 ,PLANNING ANIS ZONING FO Number ZOA X670-06 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 and a3d-resses 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:' PERS014S ADDRESS See Petition A sketch of proposed property and structure must be dra4Yn 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 Names S. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts an re resentations stated in this application are true and correct. r October 23, 1970 DATE SIGNATURE— (APPLICANT) Sid Bader Approved Denied By the 3ossd of Appeits Subject .to the Following Conditions: date Approved Denied by the Plannin- Commission on Subject to the Bollowing Conditions: date Approved Deniedby the Council on Subject to the Following Conditions: date Form PC 100 % _ • . _. z0A #70-06: Sid Bader, Southerly 301 ft. L. 4, A.S. #108 Rezone from R-1 to R-3 - _ I f 1� 45 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA —Res oe�inC PLANNING AND ZONING FOR , �rSpecial Uce Posit Voriance APPLICANT'S SIGNIjlrun ll 't- i..f isc.t Zti. ,� Y�i,/L`��, Lot Splitc - Approval of Rre- liminary Plat Telephoto k1v-ber Approval of Final Plat F'tRC3P2RTY CWNER'S SIGNATURE -"7_'c`r�•� :�. : a�'Lfj�'��C"ii/Z�-fGtc�, �Strecta or {elle�^ A"'roea Va3cetiosujTelephone NLm-be r, - Other Street Loc etion of Proporty La �L-) ` Rn Legal Duecription of Property__ _ _ __ Preoasnt Zoning Clean ification Q- 1 Existin3 Usc of thz Property Proposed ZoninU Cl as si.ficetion, Special Use, Variernce or other request (�►��,r�T�U Ci d- �I'13�i_r_ C��Z� yZ F r�_g-- C F VD �. Describe briefly the Type of Use and the Improve.---^I nt Proposed Acroagc of Property__-__ .Hao tho Precont t4pplic',Mt previously Sou3ilt to Re Iona, Plat, Obtain a Lot Split, Obtain a Variance or .n�ua4.��,1 U,e Permit on the Subj ct Site or Part of It? Vhat cyfnc Requested Fee Enclosed 4a�f� 7 • bato Filcd_�� _ Date of '1.�uxir -� ti y �A 560.3450 i � 9YjA ® � V ANOKA Cr)UNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 NOTICE OF AN INFORMAL HEARING BEFORE THE PLANNING COMMISSION May 8 , 1969 - 7 : 30 P .M. Dear Resident : Enclosed please find a drawing of your neighborhood with some of the area covered with dashed diagonal lines and other areas covered with dots . The dashed line area is presently zoned R-3 (General multiple family dwellings) and the area covered by dots is the area that indicates the limits of an area that might be considered for additional multiple dwelling zoning . The Planning Commission has pending a rezoning request on Lots 30 and 31 and are very reluctant to make a recommendation without first having a zoning plan for the entire block . For this specific reason the Planning Commission is inviting you and your neighbors to a meeting being held on Thursday, May 8 at 7 : 30 P .M. It is the hope of the Planning Commission members that every property owner will attend and be. prepared to make individual comments on the plan . One of the basic concerns of the Commission is the access to the interior parts of this block. Please consider this plan merely as a thought generator that is not necessarily going to be adopted and does not mean the City is going to change the zoning category on your property at this time . We are looking forward to this meeting and are sure it will be interesting and constructive towards the future development in your area . Yours very truly, OLIVER R. ERICKSON CHAIRMAN PLANNING CONMMISSION i_ 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 N.E. on December 3, 1969 in the Council Chamber at 7:30 P.M. ,for the purpose of: Consideration of a rezoning request (ZOA #69-12) by Robert V. Pritchard from R-1 (single family dwelling areas) to R-3A (apartments only) the following described • parcel.: The Southerly Two Thirds (2/3) of Lot 4, Auditor's Subdivision 4108, lying in Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1619 73rd Avenue Northeast. Anyone desiring to be heard with reference to the above matter may be heard at. this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: November 19, 1969 November 26, 1969 • 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 December 9, 1970 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request (ZOA #70-06) by Sid Bader to rezone from R-1 (single family dwelling) to R-3 (general multiple family dwellings) the follow- ing described parcel: The Southerly Two Thirds (2/3) of Lot 4, Auditor's Subdivision #108, lying in Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1619 73rd Avenue Northeast. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: November 25, 1970 December 2, 1970 ZOA #70-06 - Sid Bader November 20, 1970 — 4.1- yw Mr. & Mrs . Thomas Marxen George Nelson & Assoc. 773 - 83rd Avenue N.E. 2415 Foshay Tower Onan Division-Studebaker Corp. Steine, Inc. 1400 - 73rd Avenue N.E. 1420 W. Third Avenue Shakopee, Minnesota 55379 Mr. Robert Persgard 7430 Lakeside Drive N.E. Mr . & Mrs . Dick Gregor 20 - 19th Avenue S.W. Mr. Robert G. Locker New Brighton, Minnesota 1601 Onondaga Mr. & Mrs . Edwin E. Zywicki Mr. John A. Gormen 1619 County Road #H-2 1611 Onondaga Mr. Sid Bader Mr. Earl J. Follmuth 3005 Ottawa Avenue S. 1621 Onondaga St . Louis Park, Minnesota Mr. & Mrs . D. L . Harmon 1618 Onondaga Mr. Chester Eiver 1565 County Road #H Mr. Everett Schmidt 7400 Lakeside Mr. & Mrs . Irving W. Lindholm Creekside Apartments Chaska, Minnesota Mr. Byrd Norton 1665 County Road #H-2 Mr. Robert Bertram 7340 Stinson Boulevard Mr. & Mrs . Roy E. Warner 7360 Stinson Boulevard Mr . E. Kennedy 4240 James Avenue North Dahlmeier Const . Company 7376 Stinson Boulevard Mr. K. L. Fritz 1655 County Road #H-2 Mr. & Mrs . Melvin K. Orumm 1641 - 73rd Avenue N.E. MAILING LIST FOR ZOA #70-06, SID BADER Mailed January 8, 1970 For Council Mr. Sid Bader 3005 Ottawa Avenue So. St. Louis Park Mr. & Mrs . Edwin E. Zywicki 1619 Co. Rd. #H Mr. Dick Gregor 20 - 19th Avenue S.W. New Brighton Steins, Inc. 1420 W. 3rd Avenue Shakopee - 55379 George Nelson & Assoc. 2415 Foshay Tower - 55402 Mr. & Mrs . Melvin K. Orumm 1641 - 73rd Avenue N.E. Mr. K. L. Fritz 1655 Co. Rd. #H-2 Dahlmeier Const. Co. 7376 Stinson Blvd. Mr. E. Kennedy 4240 James Avenue No. Mr. & Mrs . Roy E. Warner 7360 Stinson Blvd. Mr. Robert Bertram 7340 Stinson Blvd. Mr. Byrd Norton 1665 Co. Rd. #H-2 Mr. & Mrs . Irving W. Lindholm Chaska, Minnesota Mr. Everett Schmidt 7400 Lakeside Mr. Chester Eiver 1565 Co. Rd. #H Mr. Rodger Johnson 1547 Cargill Mr. & Mrs . D. L. Harmon 1618 Onondaga Mr. Earl J. Follmuth 1621 Onondaga Mr. John A. Gormen 1611 Onondaga Mr. Robert G. Locker 1601 Onondaga Mr. Robert Persgard 7430 Lakeside Drive N.E. Onan Div.-Studebaker Corp. 1400 - 73rd Avenue N.E. Mr. & Mrs . Thomas E. Marxen 773 - 83rd Avenue N.E. 1 . .n CITY OF :RIDLEY PETITION COATER SHEEP Petition No, 18:1970 Date Received December 2, 1970 Object In favor of rezoning ZOA ##70-06 by Sid Bader from R-1 to R-3. � The South 301 feet, Lot 4, Auditor's Subdivision No. 108. Petition Checked By _ Date Percent Signing Referred to City Council Disposition - _�_ PETITION ZOA #70706 Sid Bpder Vie the undersigned, owners of the property within three hundred feet (300) of Lot 4, Auditor's Subdivision Number 108, being 1619 73rd Avenue N.E. , City of Fridley, County of Anoka, State of Minnesota, do .hereby advise the Planning Commission and the Council of the City of Fridley that we have no objection to the rezoning of the Easterly three hundred one feet (301) of said Lot to R-3 multiply dwelling for the construction of an apartment building co ntaining .twenty-four (24) two-bedroom apartment units , and understand that the 11I i6rly, three hundred one feet (301) of said Lot will remain residential , and the building will face 73rd Avenue N.E. and the protion toward Onondaga Street will remain residential . NAME RESIDE-P,,ITIAL ADDRESS PROPERTY OWNED m Merlin & Associates 1625 Park Avenue Parcel 2210 - Aud. Sub. #129 Steinsi, Incorporated 1595 County Rd. H 2 Parcel 2280 - Aud. Sub. #129 Chester & rlpne Ewer . 1565 73rd Avenue "I.E. Parcel 2200 - Aud. Sub. #,129 All Edward & Charlotte Kennedy 4240 James Avenue N. Parcel 2180 - Aud. Sub. #129 A !. Ptiillis J. Olson 7555 Pleasant View Drive Parcel 440 - Aud. Sub . #10& C' Dean L. & Marjorie Harmon 1618 Onondaga Street Parcel 450 - Aud. Sub. #108— . _ "='_,!'.��.� ... � . �'y'-1s..:LL'!'L._'`�,'•. ����%�'�l'.�ii ,1rf/:fes=2 t _1 �1rs . Edwin E ZZywicki 11 1619 County Rd. H 2 Parcel 400 - Aud. Sub. #10a- Melvin K. & Deanna Drumm 1641 73rd Avenue N.E. Parcel 500 - Aud. Sub. #108_ (Includes Parcel 480) • ("fit�,.-r ! �1 .";: • Irving '41. & Doroth . Li ndho m. Chaska, Minnesota Parcel 520 - Aud. Sub. ;`108 Kenneth L. Fritz _ 1655 County Rd. H 2 Parcel 530 - Aud. Sub. #108 Dahlmeter Construction Company 7376 Stinson'8lvd. Parcel 550 - Aud. Sub . #108 NAME RESIDENTIAL ADDRESS PROPERTY OWNED h'e' Roy E. & Lila J. Warner.._._... . __ - 7360 Stinson Blvd. Parcel 580 - Aud. Sub. #108 Donald D.--- -.CarahSchu.at40 Stinson Blvd. Parcel 610 Aud. Sub. #, 108 Byrd/& Ruth Norton 1667 County Rd. H 2 Parcel 630 - Aud. Sub. #108 James—K—Turne 1685-County-Rd.- H-2- -P-aree}-650 - Aud:---Sub #108- . Saraband Properties , Inc. 635 So. Main Street Parcel 7210 - South 1/2 of sec. 12 ZOA #70-06, Sid Bader I J^ JT. Phone: '?88-0005-- Petition f DICK GREGOR, General Contractor 4800"Wa-thington-Street-North• st--- -7 •Minneapolis.�l,._�1'linnesota . y rLj � / Bj ZOA #70-06, Si.d Bader G�9,Ic'-�. .....�C�-xC... �/J`'✓'t" �' L 4 lJG--L�:."��..�I .G�._. c.L _ I I � 7- i_ � I I ....i_.............._... ......_....._..._�._......._.- _...._-...._. .....,. ,...�j..- __, ice... _ 1 I ..�_.._. ....._.__--... I � : � I I I i � - j L GEORGE NELSON , INC . FOSHAY TOIA' ER M I N N EAPOLIS. MINNESOTA 55402 TELEP14ON E 332 - 8921 1 AREA 6121 October 13 , 1970 Petition No. ZOA X670-06; Sid Bader Mr. R. S. Bigelow Barton Realty Co. 6322 Bass Lake Road Minneapolis , Minnesota 55428 Dear Mr. Bigelow: In response to your request let me say that I am in favor of rezoning the Zywicki property at 1619 73rd Avenue Northeast for multiple dwelling use . Cordially yours , George Nelson GN:mp M E M B E R M I N N E A P 0 L 1 5 8 0 A R D 0 F R E fi L T C R 5 TELEPHONE: 445-4444 STEINS , INC . t» y PLUMBING as H E A T I N G d�14��CGDL1��'40� SHEET METAL 1420 W. 3rd Ave., Shakopee, Minnesota 55379 October 5, 1970 Petition No.--/- //'7U ZOA Vo-06, gid Bader Mr, R. S, Bigelow Barton Realty 6322 Bass Take Road Minneapolis, Minn, 55328 Dear Mr. Bigelow: We have no objection to the property of Zywic'id Properties, at Fridley, 14i_nnesota3 to be rezoned for multiple dwelling. Yours very truly, STERNS, Dic. E. H. Stea.n - Pres.' EHS:h ' y 1��t�1fl77 # /1 - 1774 ZOA #70-06: STD BADER Southerly 2/3 of. L. 4, A.S. #108 PRoIpC-*TY oW�►�RL a .0 - ./� - - - - -- - - _ 'yy - - - -••.:..,_,'" ,,:BT>J)'fi,.d zcr .; tr . v . . .fJo � n,.fo O iR c3: �^ �... ... Ji� Rezone from R 1 t _ 4 PC-rrrI P:a 1.7. ItL B.r s5 ., •• �.:a i .. r.. i s.". '''�7) OVi'.J� o - ri•u:,• _ j •� � I ! •,y�.a"+ f T r`I 5° i � >� � .°y� �' io/J ~{�o (l">a) _ '1 f M.7�//�l ' ti ____. ' °�•t•' / � _- :! _s ��1�t\ 1 ; � y 7. 4E _ t^ ..�¢rt__ 1 I~ � ; G j• o•`' fieri,%/e,• �;� ,.9�:�.x��a� °C— ,^, { i I h4 1 r �1• 1} 9 e - t rh • 2 o 1\ 0_0 1�4?Sji E(` S - fir./,.r•; ":,7,v c,S !+ rF*5•j...,y. —1—pe • -y _.—__ }. ° + S _.lc}• —lir-- 7�I, ? iI ' I �--- _ -- ` ` .'••,Z �'a it v r. •b /! ��7w !y-., c' j i I -9 23 _ � .�,2. 3 '•)!G1 (940 (9.0) 1A -3 \.I jib (ate-,oJ NI�I C 1 :^�� . ..�.� � ,tet , �e��_ __ ,;�__�!/!._�_�f, rte' � ;• - I � � � , ) �� 7 '.z ��" • JJS 30.1 �JJ�oh// .S:�•. 1 7� TI Cib -) �4 tr`�,.� ...I r tASA.73r - ,7'.; N l+ • •i� �91 / a ,dt ♦,y �� 4 r4.r.: - �y,) �I Fs - -'q �^j �nc.. .i?� ✓ -.1-_' .>.. '1 �J�,.�B_ (♦ f .. c'= 1.7J J ., 3cle rya : tn ' /io ` -uo )w•• Jin- ,, -- ` .�1�, {_. -.�: .. Z�11.�._ ; . D l.�� jT���++,,,7 . V R.�V� r s � �.t C o c'r' ^i� q^i' `� I � I: 1,• /a.�i, `� t /� c •j . t��E S 1 V ,/9r•1P o1.N ♦ r.... ♦ r col Y ., �\ O M ;� , -r• \ /;� '�' .�.J Ib / /.. .—oo. � r ./i ; /i o sS &.7" to`/r..:�:�•+• `� '1i 44` o•J11J ��ySr I �2 � fC.ti�^ /D•)O.:%/ ti�"� Z 1� h• /._ 1u•'•n•K°♦h " Y��:/I.►+V•,9.t..a,i JJ•,;�GI nf !p t iN AA'�ti�M j�I"''�.`i/7�dfdf-aof•'---- I.hM;cf$�t•'`�.•:.-�'��%�.;�"i�''.f��l_♦ G��A1;t;,��r>YYY J'`-U9,'�.rf�m\`G�II�+r, �j�II.��'1t.`X,j � �III lAr./lYlio/1d,�r-e�a h II�\` (¢_n7 .f<III I ZL nwn.llI,jMa cti.(l .o tfi4 M` �%y��n1 ♦�, � >•`1 F:a o2 1"ate•. r`•^_-_�l/T.^.+m\/♦/".\afi'rds=0�-b----�- L I 7/ Q +S ss �1 � Y df Yt1 rZw L.1 i `y III,! 9 9S cj ..—._i Iq a y r. •J. I (460) ! j �t��' Y _ :a.45 1 2131 / ',.• >J a. Jo 4J' a��.,a /Fa rjl'd o."y:i! P.'e:r Yc r•S�! fj'O I /ao l ;c• .,� I �� ,y::If ter•<l n•. 11 ( ��.� rA� cr/=:ei•st.dG( ?"rir-.lrr'.^..•r".T.4.n.c vi...i , � .J� - I. \\\.r . •• .�r � ,. 25 ONONDAGA STREET 0 n 2DIYU/✓(%ti / 3 ° 6f `IJ5 �M,'al:3�.3 X2• 0) i i - � _ - i• _ y 'I ; 7f 7t 7f /01 /O 'e' i t �ur S,1 _ ; scr; 2 3 0 �c� {t 2 1r:•, `— _.; i i Ad`tw/trY�'Lorra 00a 0 i!iG,ky' * I I I i✓Y d �Aotnper eo � .: ,� --•rc _ 4>; i0_ _.._...- 1. .i_ �.4• t 'o', tii � a �A � � o o F" ti � _- 7wiw C,r./Ft/ _—.�— sows;ck< I LoJn�re Wim} Sr.J„� vn I 2200) i '' gq1 l0 ` i r ` oBeou�ins/resP y / ;c) ".,;_ Alrn ¢rr� I� I ^ S,/o.J,a,✓ orr�•oF / V:✓ ey/ate�osl - y- - -i I F., `✓t10/cu rhai /r l/ r♦ O ri»1� Mr:,. y✓��i/J N (/7?O' v /©Gt7; j�%H4ol;�2 25 I�wc) i.(an/ ` / /JOI/%J70E' i^. 1 1 :' • `r 5 ? c7 S i , ' y / ) Do�otbyL. � � �i Lu. t-•--:.1 Py �' f - � f %soo ?3 I /'/� °, iitrlyq�a9o) 39 y T� �clt , j �, M1 fes ✓SS✓A//JPbJ •} , 1 5 • Jj I '” +j ��1! I 1-�• ► +c:.y`�! e 1 i•/arns/f$6y�e a I �i s _ -+ij.� .r' r r _ ___ `! •V�.u...'G'YrwG:WIrWC. Lr�V1 l i - -STATE-Afl) -H 11-lIYi1l��Y��_.t�i�: .._._.. __ ...a2:rs>- --- :/..i"�N V•�:�,_:�i�L. -- - -- --- ---r-- - -- - -- - , '_ DRA14ING SHOWING ADJACENT STRUCTURES � April 1 , 1971 P.r. Virg ii. ii-f,errick City Attorney 6279 University Ave . N.L. Fridley, "Unnesota RL: Filing of Agreement at Anoka :;aunty Dear Virg: haclosed herewith is the Mutual agreement in regard to tie rezoning of a property on 7.ird Ave nue. �iould you please see tliat this is file" at tne County as soon as possible. Yours very truly, TUM-1--Pf*-.-WRE3ffI-T-P City hugineer-Director of Planning cc; Sid 6adar Ldwin h. Lywicki IN n ;_ 'i a.. •�.,��-����,.,�";,t�y¢ s� �stY�`L�,€ �,^�x � ;�� �'�'f R s '�ti ' .. "' �u�q�'��'.. VA- s '7 Vii^ # :. 's- ;•' .'SKµ i�+ {{ + a s Alp R4� s z. MI W a �`� '~a-* �.. :E4 ts. '�{'• ,1�'���'� � -� =`.A r ,�F, .b.Y 3. ie���* �_ ����s4 n.� Ft',�B' ���� ,E}E^. � IM. ,.� 4 � w�"�"� � .d�j`�*:�� � d '[ Yom- �''�.•f� 5:- •� �� � .� _ ds �� -;�' �, a A �1 x � 0. v?`.aF.t �. �' ,'�, -7 f Y,�' -. ��^ ,. „37�` i4�.e �d# d .a� "y .�;fie �' t �t� ,y�'`•.s a.��rA - « . 'fir a► f3; 4 xh •� {. � .t �^b. 1..a �:v -'ash 4�•.YW�' �}TRS �y' � l" p §� ,: v1 "' T .J +' -e b^ .'' `'. '4 r 7�J ,- 3i* ''R•x" -,�f t'f `7. _ �•�- '; .it `«�' X'y ^m4L a r �./ ,�t .9 " .e'�1` p� :i l `a'J' 4.Iy.+c' �,y. 55 *A? Ag Y ,jc •F �•';..� t �° � .>wp'X .s�,..w. { 'z:.� � � r t>:,:' FE t'�t; ,r,.,. f, �"..-' n ..�� ���� ��,� a`{ � i':; u° .r •„�€�3, s. v ".. � >« �,� 3".r��- y„'' }.r �m .k"*.` ,r �`,a�? '� _, ri ,r. - ,a' * r ^§ t Ak"., r u.i .� > #- r `p. E 3r r„'RR'L"�', � •-?'c r� .7 3�'- x xis .btyW .+ w a �+4r�� r".?' 'iF' �.eF' �Bs uA•i�r �� ,s y 'S1,. ', f�: � _ [ �r�. 117 cm � v t ..y��yyjj� � t, -ac�r"d`'x3'' �'y"" '� A 'a�t• k �j° eo .�:�•; `�"" 'F,�a- ?�- '4 '#�'ro .y ^° M. R'..,'d a� �'r° � +�tom, h y "` '*Ow t�s " •'+T" � .£� # w�' "E" yt � }"` � 'fir f „,d� y �*W.y. ,� �S+' sx r'yr§ 3 •'iy."' a rx'..k - r , �''.�"'�. ��T"E �� 'E�r.�� a�� '�.y-�' � � ��v"'A� � :- 3""�- y�' �• .t'r ., y.+��! a � c r �<� s a�� �•�-a� -�� �,� �-� � �' Y��r.�i i+��� ��X A' orb �•. Y `r ��`'- � � �• •.4 r a aW 9 "ti- � -;,a3s��Nr "� Y)` Y. •^+� 9e. h � A $.M ''� `�a h�'F .s �,.. �+f �,._... �` '* y��3 pv +sS r. >s ' �.f� 'r � `.� a �,^�"x'�r,4 t i.:,. t$r��•�r"' r �. ''�'x`vqN � �� 4 �C lr"�Yv. OF _ t a''r�i�''Y a+•:.� y` ,kw t� Y �`cr ,s raf c'F- y.,j�A `v yda�� 5"' y 'S 'Ds. _XX �VN,�`s. Y .. 1 .fes. -,�" �. �- l T • Am # ew ym a+ A ,£,.s s m �Y ¢ Cit' r ,�.. q '1° s _ •t °* - � 7' ria t .r y,° ��r •#n' .' � „,' �u'�r .r�r e l � mr�: BAR T I EST NT CO. ® ® 3005 OTTAWA AVENUE SOUTH • MINNEAPOLIS, MINNESOTA 55416 April 13, 1971 Mr. Nasim Qureshi, Engineer Fridley City Hall 6431 University Avenue Northeast Minneapolis, Minnesota 55421 Dear Mr. Qureshi: Per our discussion of last week, please be advised that I spoke to the new owner of the property located at 1641 Seventy-Third Avenue Northeast last night, April 12, 1971, a Mr. A. T. Strehlow. I notified him of our re-zoning and the 24 unit building we intend to build shortly. I told him the former owner of his property had requested that the driveway be on the West side of the lot, and the shrubs and berms be on the East side, adjacent to his property. He thought this sounded logical to him. We are proceeding with final prints in accordance with our meeting with you and the building inspector of one week ago. Thank you for your cooperation, I remain. Very truly yours, BAR-E •"CONSTRUCTION COMPANY Sid Bader cc: Jim Cooperman Leonard Juster r 0r FRIDLEI' 6431 UNIVgR817YAVC.N.r, ECE I VED AM 7'819118111112i112 3 PM 1 141516 EXHIBIT "A" AGREEMENT BETWEEN PROPERTY OWNERS OF LOT 4, A.S. #108 AND CITY OF FRIDLEY 6 ZOA 470-06: SID BADER _Southerly_ 1/2 of L. 4, A.S. 9108 = - - - ._.JIY/ais'r d9yJ5 .�a dr • --T a -from R-- to -3.f7 j� Rezone _ ����r, z ���� • syra)• so uvv7_a- M I II H) I ! (3e). � �=' .I ��.e • .�}�• {w LE�•h•��nc.0z 7Js F..f'�• g-— r_——J9v(�i.—'P_//1/:�e00rn6y/a!7Z^4'7�/!..^o-: —-.-e?. i�°`'.1L�ePw.1�1•��}r tMa•:}0.•••�..`.-�h ze a•G«a�`t,ay73y'�:<t�o;ti.5IIr\!.e ((Y"6LL/4/67F4f•4 -bb-°�l'�yiet�'`•'!+IiI�f-0 G.e�,Pri,y°mss'o�,�fs�F�iiJ�.>�:'/�e`�i�4'Y.',l�I,,u��'9f�'—s�V`avtit5•�II[!II�!-�~b `/4 00+ Nh���'IK,4_rjN�/r�//o/o.1�enia"`l�i I I✓rIi'91(sf>uo�r.;4!4o-.o—"-'.Ia;-4./_lC,�r0 i..o�-IrS)-,�n-S,.v'':.e�:h-9 6/..''9d�_•��T 7Z.es�L._a cC}39"�''.�L.�•.J�.J7J•'•1.�f:-a'Vr�*[-:�a 6',4jJrzBe?--_VT e%��e�t4.,;'a.•C..�,,p!_�bnaa—_.fJ/.�J-_f i_;13.�T�ic_�Fx_,*`��;;�'OF'S,c�/`�j:r.,h-�/;��t. 3 __ •�/ 3R S Q A U D ° /w� ... on 2i7(9101 (91SJ (930/ -T_-) io.. :N V so i :90;° ri E3((DC ~ V 10 :z 'e •..+7c L 777'2 � �.._ ��.r• _ 17 .. Q 4ugz. is /df• w:♦ G ,l f� �I �I o b : `z a r �`' / w o �( ti V ti ` 1 7 r (r �n ` .. ,^ •.f9 !� 49 isC �� �I � �¢n \�j (IcI �� e � / q � gs� � �:� B b 7 f 3g - !j . � y 125 ss !- `� /'�°�e '� W j (7f�1 '�' Qty i+t4' � �� r.io'n - I. "SI /1 1L-- /�' yo�4 ! Vie; a _.9 �2.r' c .r 1?7 AM AV '.s+`zsv�1� ii1�1 'i � • /o �. 'y+e�i � I � i upa.,11 • `9 ` �' •:,,, P I/jr Ol/OIC •b 9 c, 8 '' • la �11I IL a�..rY753 ltf c `S J� da i/o� �l :-c' 'C 1.- ,%! e•S ."`��l• ♦ 7- L'b v a�/I Yol4.rd'G(l� /'u STREET �.T7a. s...� �' O • •1. :a ` - _ .. _F.G�.9r..��B_.a>1l_ _— -- t' V,Y 1.! i S i R E ET ►._—iii F S %JZ! F• W ate-• . _ . • ileard 7f 73 7f /Ol av'3j i /.7 --j a5 I eo /C i%O I• F/' �i -��0- •i86.S I. /N.f << I ;. ri f � 6 `''I1 OL, � y 1530 X30 "r Z7 �1 22 ; 2�':�-F' ` •� 2 ;ZZ/O) �� !°. I h'(-_�' •- - ------ - - - - - �s I A/6C/try lorro "' � (iaso /6 � �'� ► (r�z�) oornc r `,� °+;?�1 } ' �a+' !I R�w f" STatC ETS (sa - r !tD } 30, 17 I �` nn.fvn 87.. ti) I I �p/�) Yi �2�8� �•f%S _ - o c 6f .. Iw.. - I ---� - I G S_._ ,�_ _. _ •• 1 I .•. J•'! ..�.3pi 1- »:iv '�•,�1 R Y -. .-... : ...._ I Lee r_ SYrrv�NA � • (ZZOO� I GI60� I �,'� �fI dV,,.AC on�:re wri I i tI^ loBeeuA/n!✓rts► I, (/s;0� •wn I i Slov,eL✓iEv.+o:df; SUED. �, c? SbO � E Le /an Post 9 � A/i dog r Pn ( � I•Nenn�dr: � --- ! i �� 27! � i NO 1�291051 - (==fy 4 i f 4 .:t ZONING LEGEND 33 R-1 SINGLE FAMILY DING'S AREAS O C-2 GENERAL BUSINESS AREAS R-2 LTD. MULTIPLE FAMILY DWG'S C-2-S GENERAL SHOPPING AREAS R* GEN. MULTIPLE FAMILY DVIG'S CR-2 OFFICE SERV. a LTD. BUSINESS E= B R-4 DISTRICT USE PERMITTED PD PLANNED DEVELOPMENT C-1 LOCAL BUSINESS AREAS M-1 LIGHT INDUSTRIAL AREAS C-I-S LOCAL SHOPPING ARI AS M- 2 HF AVY INDUSTRIAL AREAS CR-1 CLINICS EI ALLIED LA13. P PUBLIC FACILITIES AREAS .� i� P M• I - .__HRS..---- •-- 9- 1A I ,01• .I .Lv. JL JL ..-oseoR -••--Ro.o----- ••, 7y -1 1M�T A•� �oqy ...� .� a0t0 ...-.. R -._ •_ '/,l - 7� a a � 'Lt z 000C r! _ Mar.- P ^.RO •.t ! li e �r�• e > s L ,! 7 i �-i ITSCKOOL LEMENTARY '�r :c uila r+�>< sl: :� (DIST t6) 30 3or ;IT _• o��a�a^�.G z _-� �E.j r s cf) 'ITAI W a • 1 t , f •}JJ 1 ; 47 6 >D'11ia fl 0• _ I .'� T_�y �__ i '.... ,1j• t '> 76TK AVE f6 N^ AVE_ N. •qJ IW �,�,,0 ,' > 1 1•..a � _ JJ z � _ .- -'. O.:EAiWt•12` R ND 1� PpR�' i 40 �t IR��1� o. a •x _�..r "4'„ ,t �'j•j 1 W _ 261 5 i _ TE'��_4 ._¢ -- p l �F�,-. g• z J Z >• • >I• a t r,z = .7) 4 1 // \ •17 g. 2 �a1T "...i ./ rl Jr • 69f.\ 1.'i''-� m 1 u u,• > . ('a• 1, , d / y ! i5 3 � 310 04•!r a ( +$ 1 ) � I\ ♦ „ 1y ealP'Y of a ar �� a \\\ ,s I+L3 6 S nv S '_ I ♦►. S ¢__ AYENJEN [YpN 0 a � ir•r• 7•Tw �A Y •'• K > • > • ' ' 73 TN AYE. NE. __ __ _ �:.J I ' .�..3•, 1 i a a O , - ,• - _ -- _-- SUBQ 145ON I 7 � 2- jigijir 1 fit: •>I 14zdY :7F • .> a n r 4.. _t R jvL" I • I. q I ' I :I ...r.... / •'i ..� t io a )_. '/ e ' - - •=M�10SENj CH 7318 AVENUE N.E. -- t .lJ: Yl..:f';11'"" '226• •P R a• r• - _ 1.. •�•,� NTT. G "J PROP STniE 410 3071 n f Irr � . FpA4:: $ � . Pritchard Q: a ZOA #69-12: Robt :h 3 L. 4 A.S. #108 ICOOiE OR q a,/ -3A_ Rezone from R-1 to R 1f24 �?iltLtut�:F�-"�-:..�.:��_:...GFT �'-�•�u.....,.+t.Ttr'<rr�iTi :�': L� LOCKE PARK Mos v_IF t:'n C:KTr.R S� yyS:�' i •3RD � ='�-�s qE ♦ aP .L. 6B Tw.a.2 a: � �.31 V r• �`r,1• i,.�. ,�! �! ..3` ,s' N V�NNE • 2rV) r- •a= •/ 59 :: Fr AUDITOR'S •U8 Ll -C, ((j CREEK \� � ��- ♦[ t' 2• � 1 ��'6TEIGE� I� RICE CRE• .ar G �- 2No (ON • 11. 4 = R , _ �' 1 Ev�J. t 1�d RIC 1 • ^.V . '1':r rV" . •' • �'ji A y. •. E CREEK?. 4 = •`• �'II ✓✓dl 1: _�. p §Uy r.,r.. •.E r` M•1 Y •rcpt 1~ • > QC • 21 .'�- i t ,,.- L . S 6F Tw 'E r21_ R' VVI: HO 0 ONE ;� i 4 • vJ1 _� ..- .n i5 6" t • _ 2' 1a t z 1e, 5. a + P[ DIST 14 -�.`� '� �' �,,� •3,10 .moi. •C 1 3.ba 1 r yM ."✓.pv�,w ' �� � �-{�, � �I , T«.R, _ '�'� AFr .. p .A NgTE ' •. \ J z I / EUFYEN TAf1 D1ilQhll 1 71/11. I... > ... "� .- ." > ' »>\ -_ 3 Z w•—�� t \ _ ___ �o a J • J -'•IG9♦ (DIST t41 I r'.' < 1 m • • \ e,o sTrEt r r 1 er.r). 7f�.0 S—�w- t i t I f t f i j i v i 1 t i ' #108 2 So. /3.L. 4, A.S. i - 1 . ! Rezone from R-1 to R-3A t CA t, + 1 _ r • i -r- `; n: +�+ Zt s rs � se ( 01 og �,. ��':: �.��c �:. �;�� :E :'::.:'E' •..�, rEi \ � � µ 4 pr- � Sn Q GF6 �fb 9v ��_-�� I V� •.•\,•"'.,`.CIrCI' '::�' ,�•''•'•:'C��,::.';: . z �� �` � '1; Qj� `+ C •\ � eo2 _:��'� •'%Yf'.'• a?'l�ti;s�•;:L:_•:;:' '•l.Y- �- � Lu 0 FOP�v IS ::,�{ \7 w:� a 'sem V• '` .....••• .. :.� � V•� Q f9 [ I:�A I IF. Cyd .•.:? 1:'• _ ••• -'� ' ::•.:.� �. •� cc�177 _-___.-' 'q S' ,'�:-tee!'•',•'.: �• C . � � �• .N . ri• �:+T :•YOB::.:, t.•':.:'•.;..�..,.• :4�..: 2 et BOJ.} \ w• -'�' `stIL d P^•��i .s6_ - Q ;'` t Ir la �: \t\\\\\\\\\\\\\\\\\\\\\F• t _a ._'ire:.?s}->:;•.'�F-r :S4 •.' •••. . y y\® \\\\ate\\\\\\\\\' Id cd O =��—F�� .1. �/9�•_. ._-- --- T;:rl,'•a;'"•':•;r,'!'." \\\\\�\\\ \\\\\\\\\; I N q1 1J • \\\\\\\\\\\\\\\\\\\\\\ `I N n -ND `t^ ! '• ''`i Fes-+ R$ O C!] 'Z 9Ar N� LO 1.6 I a tom, :•' _fra/ s r \ `� ......;..•..•;...;.\\\\\\\\\\\\\\\\\\\\\\. � cif/F -�,.`r"-'—s•-•C1.-_``.— .1•-".'•�`:";\\\\\\\\\�\�\\\\\\\\\\� ep lss. d.,•r •br '•_ —: fB._.�---•—:. j 1.. `'L.• -' .�_._......_-�y:. -.. __--. ' _----• mss- 1( �`- W ,r err ., r —i;r ,a .. •• r' < f �?h :. ,-`�'ad` ♦ L✓/' �,7'--;ter— •a 1CO 1 `-- e .e I Mti 11 vim. ZOA #70-06: Sid Bader tet' Southerly 301 ft. L. 4, .... A.S. x;`108. Rezone from -sr�- R-1 to R-3. j w . W .�. : Q• ob 2 ° b.�i w TtI,.>' a%:•*`7ooaie �. r`� -T .`' Uj Q ; f or/ air OI' •'l oJL ^t` �:� s.� < rf <,f/i -. ' OVON 301S3NVI mF- er:,,_ r;,<• - - INM Z r- I� \?1i•SfM � 9 O ot/ or/ oIi orr vt/ ur' nlr ttl _ _ itr%, _—�rrr--'- f,if • .. a .. srr o :r�33aJ.S- 18V�-� ^t7�'i hac rl w 4 m •c, '� C r'rh • ,N i 1.N W c.r- UJ cli 7M N;Z co `.O 't � 9r N^�7 i?•9u � �.p a n r ,` `I sir,:»`�1 •,t�} � :.. eG 1Z (J) toU') N •1 °' N N , i.y''• >�� O �(� iI�4 as o Z •r ; ^-lw \Al sG �a: �c i• s 1 <� �.. ,I• e , `M y., 3 N F.� • C\i� r. t. !�!'i—�.yr7i _ Q �p �— �l� h �^c tl• �.. r.,..y r_n.,,�L rr..,' .� n i �r + l{�` a�.�-�i °++°,,' `'�` 0 psi a�Qh � „k. r i e es1z ' lC� � ..,c•� aF` Z tat �,� > 71,11r C• �i)o� C�v7�l Q o r (j N IN Q ^ Xe a M Fr It •>r�0Y1VOV3YY � "t �.,�,�� :s. ��` - - �`�� =^ ti � tefir e, + �+ I NS ^l.•uf i.�t �-: P- � ti �� ha• � Q � IL :C .ci =.j `'`°•v� ��,- t w .. ♦ sI OF �v/ditl9itf t11tJ 3.i.�11S- ,t1rdlA3— i i` YYh • ' y O WZr —DFr.O ZOA #70-06: SID BADER' Southerly 2/3 of L. 4, A.S. #108 Rezone from R-1 to R-3 �M JJY!/ice'✓ d9yJS ' 710 a ;' vB!•s it d Z Cs ;r,' !r . . r�o - .... _.. i. o •" -c i>i .!d 1-�i`, a^ I ` ; " loJo� ;� Mor/Jil ' '1; x•, __ 1 ' � � � ,°\ 11 7 c ♦ Lert A�.�o� 2iVDtT r' .1. , /( i'/►/[r� `I f!.! rJ d. s _,f [� �: (sr�) v� h (SSJ "1� • 1' .9i 1 1`. - '- irFTS'.T `»jL j2 Z ?t. �>i' -'1�• try 1'`-_ y I , _- - •'� t i//,. ��.^ '<,'E• 1 _1P1� � 3'�y t-,'v/ I ,l t• (9111 I (930) /1.006�[.4rL^.7 ` ,o `;•}9 ,�s lam` !J M 3o I is•oJi/f •,N (4001 �K.. o t•f ��' ' - '°n C'� /•3 � JK ✓I •,L�:�.flC. � ! C'� s�I {' _ { LO ' 27� Z•' xF > 3c B' 41? , 4e 1•r V •'-' .//O //O . \ '/— B- �A.'—., !r 2 ...<..� �_l1� _ _ 'IRESIDE ✓<=tri x H D 10 - .o��� r .0 Jzo rS reJr rvf� + II -�:s; sf r��'I ftp , 1 :90' 'fi 4f' ,� e.~�n�J/ f"'iii">r •.;cj'�%6a—- •_i+1 /� .'�'+�~� F•� i\ I e.l � ♦ y h� � ..• r' �? :��' ._.. . ♦:, ♦ h :.� ��a� (r ?, ry ! � i,/TV�! // s',l \ �T �¢�) `I (7vJ �1 u R-: '�. �'"' �.�" r,"', u 7 `I ,5 Of o%- l /.•bob , .� �+ o- i/ ` �o`.� `1 �L 2i.I Jr cw. _ r: '' iras Lo aAt.j T` i4�`ifs YJ V�- 6•�Z �r' .y -' • a•3 i Y "� �/� 1 I1 �,; A/Y./7, I .,n , .j G .1 i d� { 9♦ ♦ o o i ♦ v'� R.,; :� ♦. `�rj�T✓�ty` a �\ %� ; 4 s" G' . /n 9 S 2 ti /`iorol � 2 y � ;. 9 ,� ,� m � \4 ,. � o � I ;�s�) I `� ' �•., 1 ::5� � •��.o" !a 'tt ' \ ♦ \ � �� •ap �. i 1 / I 1 aJ,ti 1 Se �•3,•ss I j _i j,'. •011i' Toa! /p .'>.• 1f p M Jf » `a /F - 3�j'A-•°i y1 CI 97,'s VC r•S o av :o 'r' �� � r�'�/ ' ♦ / ' /.>" I , , `Jd>•> o`f%/'Y�e[r��A��.dL(� rrr--••f s...� . .•• G�����j�j?�� Viii OND GA r STREET _ � �a r—:'�i:T--C,• - �.>.>S F`-� ..t' __ --� 1 7S ri ! /01 1:7 I .✓��� ���h. 2 � s '� 4 4 5 �, •,s: tz�'='�,� , , VISO 10 R , yo /7a , z r) v. �� �• i ^I ;21/O� a rt�c) - - -- - - - S • !!1/3,^rtiyyi✓�ro '? r.•i ��1 ..� �'�' � - � 1/ .6 , Sao �1 I ' � Cf .-- �,,i• tis �> �•.� �o ° ;� __-- - _. 63 .J LJ v• 9: c v... a� \J �ito.l7 '17;! trio C:r � >/rosdi:ck l Sr..ewr' 1 i ( ) 1 Lon<Je k - n I { 2zoo j ll/Bq j a e s :03 nrAJntrir�s� - —�/t �_- •- Arsn4; , I lS://,",�/J aw�•df 1 v .J x� Ct �fannrd (/77O,� � fv�. (/fes �I (,/i7B�� — ae-- -- — 1 - ' L.� 61 (•! L��1 0 0'� I :. �� — (`'`� Dcroi%iy L. ^I I II A 1' j b �'s • (/.SJO) r riCirlvn �3�33 � j. i. ' �. „-.. r— i•�. 20 l+/SSS✓�(J✓Pbj 1.r El I F 94 r o. .',< �3o i 'P,u .•.,ate -£0Uii-,t.. STA T-E--_ Ll _H O'iWAY— N0.-a - _ ._�2rrs_ _.—_..-7 5..1^,.x'0 —`AVE ~- -_ -- --- .�-—.! - -- - -- - `.��.. DRAWING SHOWING ADJACENT STRUCTURES F, • Planning Commission Meeting May 22 , 1969 Page 4 • The audience was informed this would be back on the agenda on June 11 , 1969. 2. LOT SPLIT REQUEST: L.S. #69-14, STANLEY C. DAHLBERG: Lot 11 , Block 2, Spring Valley Addition. Mrs. Stanley Dahlberg and Curtis Dahlberg were present. Mr. Myhra said the action of the Subcommittee, was to approve the lot split as shown on the diagram, which split the South 131 .78 feet into two 62.5 lots, and dedicating 25 feet for a street and utility easement. ti Curtis Dahlberg speaking for his father, said part of the area had lot splits on this order, and they wished to split for two building sites. Mr. Myhra stated the Subcommittee felt that as long as this pattern had already been established in the area, and all the houses are on the front of the lots, which are large lots, they could see that something would have to be done as there was no road down the middle of the block. Curtis Dahlberg said these lots would have to be split at some time. He felt if they were split now, the rest of the people may start splitting theirs. In other undeveloped areas, the City has a proposed street pattern to be followed at a later date. As long as the logical street pattern is at the South edge of the lots, and they dedicate 25 feet, why couldn't that be applicable now? MOTION by Mittelstadt, seconded by Fitzpatrick, that the Planning Commission recommend to the City Council that the Lot Split Request, L.S. #69-14, of Lot 11 , Block 2, Spring Valley Addition by Stanley Dahlberg be granted, splitting the North 144 feet of Lot 11 , Block 2, Spring Valley Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUED REZONING REQUEST: ZOA #69-02, GEORGE M. NELSON: N2 of Lots 30 and 31 , Auditor' s Subdivision #129, except the North 125 feet. Mr. George Nelson, .Mr. Howard Moore and Mr. Dennis Herbst were present. Darrel Clark reviewed the previous meetings with the Subcommittee. The owners of Lots 28, 22 and 24, really do not want their property zoned, nor a road, unless they had a buyer. A road for access out North or South would satisfy them, but not at this time. The street under discussion was the West 25 feet of Lot 30 from Onondaga Street South to a point 25 feet South of the South line of Lot 28. The people were informed that if sewer and water were not assessed against R-3 property the value of a lot could not pay for the assessments. The same cost, assessed against �,-1 property, would not be co,.. red by R-1 value. Mr. Moore said that Mr. Nelson would be agreeable to the plan for the West 25 feet to the South line of Lot 28. They would request that the area involved in the easement be credited to them and returned eventually. They would like to see some type of agreement worked out where by if the South • 110 feet of Lots 24, 26 and 28 were combined into a common ownership that the street could be vacated. Planning Commission Meeting May 22, 1969 Page 5 The Engineering Assistant answered that this was a legal question, as he did not • know if a dedication would be handled in that way. Mr. Moore said if it could be done in the instrument itself, it would be fine, but 'if not, a letter of intent from the City could be satisfactory. Mr. Jensen asked Mr. Moore if what he is asking for is that he wants a street and utiliLies easement so that the owr_e_ahip would still remain a par' of the street, but if it were never used for a street, it would still be a matter of keeping the street, but not being able to construct a building on it and a reasonable base for a buffer. As far as the petitioner is concerned, Mr. Moore commented, that area would be included for density purposes. Mr. Dennis Herbst said that he did not want construction any further North than the middle of his lot as he would have to give 25 feet and he did not want the back of the apartments practically in his backyard. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission recommend approval of the rezoning request, ZOA #69-02, in its modified form from R-1 (single family dwellings) to R-3A (general multiple dwellings) that part of the North half of Lots 30 and 31 , except the North 125 feet with the provision that the petitioner provide an easement for street and utility purposes on the West 25 feet from Onondaga Street to a point 25 feet South of the Southeast corner of Lot 28 and provide no vehicular access be allowed from the multiple zoning to the street easement, and that such area of this said easement be allowed in computing density of the multiple dwelling project in • the R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. 4. LOT SPLIT REQUEST: L.S. #69-15, ARTHUR DEPS: Lots 3 to 5, Block 7, Hyde Park Addition. z Mr. Arthur Deys was present. The Subcommittee recommended approval of' the lot split with provision that the-,present garage will be moved across the line so that the garage will be on the same land as the old house, and that a five foot work and repair easement be obtained. Mr. Deys said the house he is living in at the present time is set way back on the lot. He would like •to build his new home this summer. The Chairman informed Mr. Deys an Ordinance was passed so that a new home could not be built in front of an existing home on an adjoining lot. In order for Mr. Deys to build his naw home on the new lot, he would have to get a variance from the Board of Appeals . The Board would probably act favorably because the old home is to be torn down. Mr. Deys was asked to get a certificate of sr_rvey because the Board of Appals would not act without it. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission table the lot split request, L.S. #69-15, Arthur Deys, of Lots 3 to 5, Block 7, Hyde Park Addition, until Mr. Deys can provide a certificate of survey. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Deys was asked to notify Darrel Clark if he was able to obtain the certificate of survey in time for the next Planning Commission meeting on Wednesday, June 11 , 1969. Planning Commission Meeting - May 8, 1969 Page 2 RECEIVE PARKS AND RECREATION COMMISSION MINUTES: APRIL 28, 1969 • MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission receive the Parks and Recreation Commission minutes of April 28, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. ORDER OF AGENDA: Inasmuch as Item 3 is directly concerned with Item 1, Chairman Erickson suggested it be heard with Item 1. 1. INFORMAL PUBLIC MEETING: Area bounded by Onondaga Street, Stinson Boulevard, 73rd Avenue and Hayes Street. 2. CONTINUED REZONING REQUEST: ZOA #69-02, GEORGE M. NELSON: N2 of Lot 30, NZ of Lot 31, Auditor's Subdivision #129 except the North 125 feet. Chairman Erickson explained that a rezoning petition had been presented by Mr. Nelson, and there had been some opposition before the Planning Commission. At that time, the request for rezoning was the entire parcel and the Planning Commission recommended denial. Mr. Nelson then changed the rezoning request reducing the size of the R-3A by putting six R-1 lots facing Onondaga for Council' s consideration. Council sent the request-back to the Planning Commission who, in turn, suggested the possibility of rezoning all of the property along 73rd Avenue from Hayes Street to Stinson Boulevard and to a line of one lot depth on Onondaga. It would be feasible for any streets which were previously planned or suggested in the area within the interior of that block, to be abandoned and new access from Onondaga to 73rd would be discussed. There is no proposal being suggested at the meeting, as this is strictly a discussion. Dennis Herbst (Lot 28) , 1482 Onondaga: My garage is within 20 feet of the East property line, and was built in 1963. I am against putting a street through as it would involve the rear half of the lot. George Hanson (Lot 26) , 1416 Onondaga: He felt the area needed a North/South street, especially for the safety of the children going to the Park. He knew of at least 4 lots that the owners would not want to be rezoned. The people like the size of their lots, and if the time should come when it would be a hardship to keep them, they would need the street to sell the property. He was not interested in any type of rezoning unless the street would go through. Leo Hitzeman (Lot 25) , 1461 Onondaga: He asked if there was any idea where the road would start from and where it would be. He said his house was riot worth much, but the land is worth money for apartment houses. he felt in the future, there would be all apartments. He waa definitely against the road. Mr. Hitzeman was informed the street would run along his North property line and part of the cul de sac would be in the Northwest corner. • h Planning Commission Meeting- May 8, 1969 Page 3 Mr. Jensen said the criteria used by most planners is to change zonings at the rear lot line so that single family homes would not face multiple dwellings. He was sure this was part of the reason this idea has been" proposed. If you do put a street in along the rear property lines, then this back half of the North lot will be facing multiple dwellings. This should be kept in mind. C Mrs. Leonard Hjort (Lot 22) , 1434 Onondaga: We are against the rezoning. We like the land the way it is. Larry Gunn (Lot 27) , 1475-73rd Avenue: I do not want the road. I have paid $2,300+ in addition to what has been added on recently. We like the lot the way it is. I am opposed to the road. Tom Marxen (Lot 5), 773-83rd Avenue N.E. , Mpls: He stated as far as he was concerned, he would benefit from the rezoning. When Chairman Erickson asked if anyone would object to the extension of Arthur Street through to 73rd Avenue, Mr. Hanson said it would seem to him you would almost have to have a street through there as it would give access to the park. Mr. Ed Kennedy (Lot 29) , 4240 James Avenue, Mpls: He asked about the assessments in the past. The Engineering Assistant said that in this area, improvement costs have been exceptionally high, due principally to the high water table and storm sewer. If the street would go in as an East/West street, the assessments would be at least $2,500 per lot. Joe Saba (Lot 29) , 1485-73rd Avenue: I would lose my garage if .you took land for a road. Roy Warner (Lot 8), 7360 Stinson Boulevard: I wonder why ,you consider rezoning all the way to Stinson? He was told it would be an expensive road for the property lying North and the property already zoned R-3. He was .asked if he would be interested in any portion of the lot facing Stinson being rezoned to R-3A. Mr. Warner said his assessments were large enough now. He would just as soon keep the land the way it is. Another possibility is Lot 7, which is a large lot with one small home. If that were rezoned, he would not like to see a multiple dwelling come in there. The feelings of the Commission are that there should not be any multiple d-ellings on Onondaga. It seemed to them the majority of the I people are against any road, in any direction, within the area as it would not be advantageous to the property at this time. Mr. Marxen wondered if it would be possible to make it mandatory for a whole parcel to be purchased together so that there would not be a • landlocked piece of property left in the middle. Chairman Erickson r Planning Commission Meeting - May 8, 1969 Page 4 said he did not think it would be difficult to convince the people to expand, but he did not 'feel you could force them to buy it. You would also have to have a waiver of the land requirements in order to get a higher density on the property zoned. Mr. Howard Moore, representing the petitioner, stated that in his opinion, a- far as the City is concerneL_ to rezone up to the resident*al lots on Onondaga would create a valuable increase in the tax base. There is a real need in this general area for apartments. You now have a large corporation right across the street and there is another large plant under construction. People seem to be pretty well divided in their opinions of the rezoning and the streets. Some want it, but not now. The prime argument against the rezoning is increased traffic, and yet if you don't want to see much• traffic, you would want to limit the streets. If you put in Arthur Street, it would seem to take two garages and would increase the traffic flow to permit traffic from multiple areas up on Onondaga. It would seem to him that the multiple zoning of other parcels North of the centerline would, in the long run, be of substantial benefit to them. Rezoning is not requiring a person to do something he did not want to. He would find it difficult to increase the value of a lot if it were not actually used. MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission close the Informal Public Meeting of May 8, 1969 of the area bounded by Onondaga Street, Stinson Boulevard, 73rd Avenue and Hayes Street. Upon a voice vote, all voting aye, the motion carried unanimously. • Chairman Erickson said that there is a scheduled hearing before the Council on Monday, May 12th, on the reduced proposal from the original published proposal which was for the entire lot and the Planning Commission recommended denial of that. Now the petitioner is asking for a reduced area of R-3A and the Council is to consider the smaller area. It seems to him if we were going to consider the reduced proposal, we would have to consider it another time. There were two choices, to recommend denial or recommend approval, but he felt he could not vote on it as this time. It was felt the Plats & Subdivisions-Streets & Utilities Subcommittee should act on this even without some zoning plan as provisions for some streets are still desired for the future. Mr. Nelson said they were thinking about proposing a plat for the lots on Onondaga. The six lots are 85 feet wide. If you are considering the street through the back of -the lots, you must take into consideration the cost of the improvements, as you would have to sell the lot to pay for the imrrovement and come out even. Tt is an economic factor that should be considered by the Committee and. people who have big lots .to be split off. The Chairman felt that action should be delayed on the rezoning request for further consideration of the streets. • r E • Planning Commission Meeting - May 8, 1969 Page 5 • MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission table the proposed streets in the area bounded by Onondaga Street, Stinson Boulevard, 73rd Avenue and Hayes Street and table the rezoning request, ZOA #69-02, George M. Nelson, of the Ni N1 of of 3 1 2 of Lot 30, 2 L , Auditor' s Subdivision #129, except the North 125 feet for residential lots. Upon a voice vote, all voting aye, the motion carried unanimously. The Chairman asked that the item be put before the Plats & Subdivisions- Streets & Utilities Subcommittee for some discussion, not necessarily any action. They should study Arthur Street continuing South. 3. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. #69-06, VEIT'S ADDITION, LONDA ENGLUND: That part of Lot 15, Revised Auditor's Subdivision #23 lying Westerly of Westerly right of way line of Riverview Terrace as now laid out and traveled and as described in Book 702 of Deeds, Page 197. Mrs. Londa Englund was present and explained the purpose of platting is to sell the lots. The Plats & Subdivisions-Streets & Utilities Subcommittee considered the proposed preliminary plat and recommended approval. The Ordinance requires at least a 20 foot easement to the street and that the easement should also be for utilities. The lots are large enough to meet the area requirement. Lots 2 and 3 are on the river and Lots 1 and 4 are on Riverview Terrace. Referring to the access, it would be privately • constructed and maintained. Mrs. Glenn Klingensmith (Lot 15) , 6418 Riverview Terrace: Asked if single family dwellings were to be built. The land is zoned for single family dwellings, and there would be a public hearing if the land were to be rezoned for any other category, but this was a hearing on the platting only. N Mr. John Metcalfe (Lot 16) , 6419 Riverview Terrace; His question was how large the parcel was and the figures given him were 300 feet on. the South line, 350 feet on the North line and 218 feet on the West. Then Mr. Metcalfe asked if there were any requirements as to how a house faced. He was told that the Commission is not in a position to force people to build a house facing a certain direction. These lots would meet the side yard requirements, and the question remaining would be whether or not the house would face the easements or the street. s MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission close the public hearing on the proposed preliminary plat, P.S. #69-06, Veit's Addition for that part of Lot 15, Revised Auditor's Subdivision #23 lying ' esterly of Westerly right of ...,ay line of Riverview Terrace as now laid out and traveled and as described in Book 702 of Deeds, Page 197. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission . recommend approval of the proposed preliminary plat, P.S. #69-06, Veit's Addition of that part of Lot 15, Revised Auditor's Subdivision #23 lying Westerly of Westerly right of way line of Riverview' Terrace as now laid P1annfnk, Com liss.l.on. Meeting, - December 3, '1969 Pw-=w,_7 2. PUBLIC :SEARING: REZONING REQUEST: ZOA X169-12ROBERT V. PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision #108 Mr. Robert Pritchard was present and ext,lained that, the piece he was rasking to be rezoned was adjacent to a pieca of multiple land now. Directly across from his property is the Onan Plant and he understood that when the first piece was rezoned, there was quite a bit of objection to multiples. Mr. Pritchard was shown the street plan for the area which concerned the possibility of landlocked lots. Mr. Pritchard was unaware of these plans when the application was filled out and stated he would have to make some adjustments in his plans. It was unfortunate that his architect was ill at this time. Mr. Marxen, owner of the lot to the East of Lot 4, discussed with Mr. Pritchard his plans. Mr. Jensen said that the Plannin; Commission is committed to the street plan. The Planning Commission felt this street could be eliminated across l lots 30 and 31. The design really would have an adverse effect on the 1 neighbors by eliminating the section across this lot, Lot 4. In this case, Mr. Marxen has provided and others to the East have provided fo:W street so the City must provide them an outlet for that street. This whole plan is i effected by your lot and much thought must be given to the completion of this area. MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission table the rezoning request, ZOA 469-12, Robert V. Pritchard of the South 2/3 / of Lot 4, Auditor's Subdivision #108, to the December 17, 1969 meeting. Upon ( a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: SPECIAL USE PERMIT (SP x`69-02) : HA.RLAND P. BERRY FOR DOUBLE BUNGALOW IN R-1 DISTRICT: Lot 1, Block 1, Ostman's 3rd Addition No one was present representing the petitioner. Chairman Erickson recalled that the original request was for Lot 1 and 2. Mr. Mittelstadt read from the Board of Appeals minutes of November 26, 1969, on page 7. MOTION by Jensen, seconded by Myhra, that the Planning Commission table until the December 17, 1969 meeting the Public Heaz4,n. for SP #69-02, Harland P. Berry for a double bungalow in R-1 District on Lot 1, Block 1, Ost.man's 3rd Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 4. MULTIPLE DWELLING STUDY IN CITY OF FRIDLF.Y: The Commission felt that "random" was not the proper term to use on Page 2, bottom half, Section 3, the Memo, page 13. Mr. Myhra ask©d if the report was of a confidential nature and was . Planning Commission Meeting December 172 1969 _ Page S Chairman Erickson said he finds a number of things in favor of this railroad proposal . He does not feel it will effect the value of homes on Main Street principally because of the SO-60 foot separation in grade . The screening provided would reduce the type of noise level for these homes in the area . The proposal will eli_minatc the presently Industria' area between Main Street and the bank, which could result in a detrimental effect to the residents along Main Street if covered by industrial_ property . The 43rd Avenue overpass crossing would be a benefit to the City . The railroad has not yet demonstrated to the City of Fridley that the sand mining operation will cease and if granted , Silica Sand could continue to spread until it reaches Main Street: . Recommendations that were made in the motion are good but Lxntil some solution will be proposed , he remains against the motion . Mr . Thompson presented a recent photograph to the Board showing them the proposed yard and how Silica Sand would be affected by the railroad. He also stated that the adjacent property will not have a megaphone effect . Mr . Mittelstadt felt that the City Council. should. look into getting other grade separations and other crossings within Fridley . We will see more railroad traffic after this is completed . City Council should consider all these items before they take action . Northern Pacific ' s Attorney stated that they are to be placed on the agenda for the Columbia Heights City Council on Monday as to whether or when a public hearing will be held regarding this request . Upon a voice vote , Mittelstadt and Myhra voting aye , Erickson and Fitzpatrick voting nay , the motion failed . MOTION by Mittelstadt that these requests be passed onto the City Council and urge that the Council carefully review the minutes of both the Board of Appeals and the Planning Commission. Seconded by Myhra . Upon a voice vote , all voting aye , the motion carried unanimously . 3 . CONTINUED PUBLIC HEARING : REzONING REQUEST , ZOA #69- 12 , ROBERT V . PRITCHARD : South 2 3 o Lot 4 , Au itor s Su ,division No . 108 . MOTION t-y Mittelstadt that this item be continued at the petitioners request to the next Planning Commission meeting as no one was present representing Mr . Pritchard at this meeting . Seconded by Myhra . Upon a voice -vote , all voting aye , the motion carried unanimously . • PLANNING COMMISSION MEETING - FEBRUARY 4, 1970 Page 3 • that an underground system is needed the petitioner will provide the easement. Upon a voice vote, Erickson, Myhra, Fitzpatrick voting aye, Jensen abstaining, i1' the motion carried unanimously. 2. CONTINUED PUBLIC HEARING: _REZONIz _NG REOUEST ZOA #69-12 ROBERT V. _ �.._ _ , PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision No. 108. Mr. Thomas E. Marxen - 1620 Onondaga St.- stated that he wanted the area developed in the right way. He has no objection to the development but he wants it done in the right way. He also stated that he had discussed the problems with Mr. Pritchard but nothing had been resolved. Chairman Erickson commented that the Planning Commission has been tabling this item for some time because Mr. Pritchard has not been here, and it was his understanding that Mr. Pritchard was going to gather more information before bringing it back before the Planning Commission. Darrel Clark added that Mr. George Nelson, Lots 30 & 31, had been in to see him last week and had stated that he was going to reapply for his rezoning in this area. Mr. Erickson commented that Mr. Nelson's rezoning had been tabled until the Apartment Survey was completed and he felt that Mr. Nelson's rezoning was a factor and Mr. Pritchard's could not be considered without it. Darrel said that: he would speak to both parties. MOTION by Myhra, seconded by Jensen to continue the rezoning request ZOA #69-12, by Robert V. Pritchard, i.ndefini_tly, the purpose being to put it. off until further information is received to reach a conclusion. Darrel mentioned that the Planning Comruission was getting close to the 90 day limit. MOTION by Fitzpatrick, seconded by Myhra, to ask the City Council to extend the Planning Comaiii_ssion time to act on the matter for 60 days. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: REZONING REQUEST ('OA #70-01) , NORMAN E. RIEDEL: On 5th Street to 7th Street, from Mississippi Street to 63rd Avenue N.E. MOTION by Myhre., seconded by Fitzpatrick, to dispense with the reading of the Public Hearing Notice. upon a voice vote, all. voting aye, the motion carried unanimously. Chairman Erickson explained the location of the property to the people in the audience. The property is bound on the West by 5th Street, on the East by 7th Street, on the North by Mississippi Street, and on the South by 63rd Avenue. He then introduced Mr. S. Sokolowski who is representing Mr.-.-Riddel. Planning Commission Meeting March-4, 1970 Pale 5 Acting Chairman Jensen explained that in.stipulation V'l in the �> •�:-��.•ai motion reco=ending approval of the rezoning request, consideration stirs given • to the road pattern that would be required if the property o.,-ners desired to sell off the back portion of their lots without rezoning. The Planning Cornads- sion has kept the master plan open for this possibility. Fie continued that the only .way for a person to determine whether a rezoning would, or would not be poesible, vas to apply for rezoning and anyone who owns property in `rte city of Frid,.ey has the privilege of corring in to apply for a rezoning. He did feel the Planning Commission is attempting to have the best interests of the people at heart. The Planning Commission was unanimous in the feeling of having all members present for the recommendation. MOTION by Kyhra, seconded by Fitzpatrick, that the Planning Corrunission continue until R ., 18, 1970 the rezoning request, ZOA #70-03, by George Nelson of the North Half of Lot 30 and North Half of Lot 30, except the North 125 feet, of Auditor's Subdivision #129 to be rezoned from R-1 (single family) to R-3A (apartment and multiple dwellings) , and notify the, people on the mailing list if the meeting Fill not be held at that time. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONTINUED PUBLIC HEARING: REZONING PEQUEST ZOA #69-:12, ROBERT V. PR.ITCHARD: The South 2/3 of Lot 4, Auditor's Subdivision #108 to be / rezoned from R-1 (single family) to R-3A (apartments) . i Mr. Pritchard explained that he had been out of town, that he had not �} been able to get together with all the people involved in the area, and he had been trying to contact the owner of Lot 32. iie then asked perraission to continue his rezoning request to the i�eb a�y�18, 1970 meeting in order to get together with Mr. Nelson and the other property c%wners tc try to develop the area as one piece. MOTION by Fitzpatrick, seconded by Kyhra, that the Planning Cozaniss.ion continue until March 18, 1970 meeting the rezoning request, ZC.A #69-12. by Robert V. Pritchard of the south of 2 3rds / Lot ��, Auditor's Subdivision to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. Acting Chairman Jensen informed Mr.. Pritchard that if he were succeaoful in his plans, there will be further delay because a new public hearing zrould have to be held for the new request. 5. LOT SPLIT REQUEST: L S. #70-02, EUGENE BO NETT: The rear 101. feet of Lot 4, Block 1, Nagel's Woodlands. The Engi-.eering Assistant explained th,e background of the area. Four lots in this end of the plat were owned by Vi Nagel. Jamison constructer' the telephone building on Lot 1 and the easterly part of Lot 4. A lot split was approve at that time for Lot 4. Air. Bonnett is asking for approval to split that part of Lot 4 South of his property (Lot 2) . The original drainage and utility easements between Lots 1, 2., 3 and 4 being on the South edge of Lo`s 1, 2 and 3 and the Borth edge of Lot, were vacated and transferred to the South edge of Lot 4. The only problem is that we would end up with a very small corner lot. Mr. Bonnett was informed that a certificate of survey 11anni.ng Commi.asion Meeting - November 18, 1970 Page 6 fact that the land is either going to be developed by the Five Sands, Inc. or the owner would eventually develop it himself. Chairman Erickson said he did not question the intent of the petitioner. How- ever, he did not see why it should be the burden of the City to see this project through. The complex could be built first and then the platting can be accomplished for taxes. Mr. Schmedeke wondered if it were not the tight money market that is a factor in platting now. Chairman Erickson said he did not believe that seemed to be the problem. Frank Liebl, Councilman, stated when the Georgetown Courts complex was rezoned, the buildings were sold while they were being built and Council accepted the overall plan from Maurice Filister and then later on, after he completed a few, Mr. Filister came in and asked for a registered land survey. It was not until he completed the complex that he split them up and they are individually owned by individual mortgage companies. They were platted after they began building. There were no problems in regard to the requirements of land, but Mr. Filister came befort the Council and had a Registered Land Survey approved. Chairman Erickson said he would not say he would object to the plat after the project is developed. Mr. Minish said that plans do not always develop the way they are presented. MOTION by Harris, seconded by Minish, that the Planning Commission recommend denial of the proposed preliminary plat, P.S. #70-04, Five Sands, by Five Sands, Incorporated, being a replat of Block 2, Pearson's 1st Addition and Parcel 8400, as it was presented for the following reasons: 1. The lots are too small for 59 unit buildings as proposed. 2. The creation of lots without public access. 3. If platted now, the City will lose what control it has over the project. 4. This was not part of the original plan when presented for rezoning and building concept approval in 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 2. REZONING REQUEST: ZOA 470-06, SID BADER: Lot 4, Auditor's Subdivision 4108, to rezone from R-1 to R-3 -- the South 301 feet. The Engineering Assistant explained this request was brought before the Plan- ning Commission earlier this spring by Mr. Pritchard who is no longer interested and now resides out of state. Mr. Zwicki, the property owner, is being repre- sented by Mr. Sid Bader. MOTION by Minish, seconded by Schmedeke, that the Planning Commission set the public hearing date of December 9, 1970 for the rezoning request, ZOA #70-05, Sid Bader, of the South 301 feet of Lot 4, Auditor's Subdivision #108, to be rezoned from R-1 to R-3. Upon a voice vote, all voting aye, the motion carried unanimously. 3. REQUEST FOR SPECIAL USE PERMIT: SP #70-12, ALVIN A NITSCHKE: Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street between before mentioned parcels. MOTION by Fitzpatrick, seconded by Minish, that the Planning Committion con- firm the public hearing date of December 9, 1970 for the request for a Special Use Permit, SP #70-12, Alvin A. Nitschke, to construe a two family dwelling in PLANNING COMMISSION MEETING DECEMBER 9, -1970 PAGE 1 The meeting was called to order at 8:15 P.M. by Vice Chairman Fitzpatrick. ROLL CALL: Members Present: Minish, Harris, Fitzpatrick, Schmedeke Members Absent: Erickson Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MIN1UtES: NOVEPIBER 4 16.370 MOTION by Schmedeke, seconded by Minish, thit the Planning Commission minutes of November 18, 1970 be approved. Upon a vo:.ce vote, all voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION MINUTES: NOVEMBER 23, 1970 .MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the minutes of the Parks & Recreation Commission of November 23, 1970. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: DECEMBER 3, 1970 MOTION by Schmedeke, seconded by Minish, that the Planning Commission receive the minutes of the Building Standards-Design Control meeting of December 3, 1970. Upon a voice vote, all vot_.ng aye, the motion carried unanimously. 1. PUBLIC HEARING: REQUEST FOR REZONING; ZOA #70-06, SID BADER: Lot 4, Auditor's Subdivision 108, rezone from R-1 to R-3 the South 2/3rds. The Public Hearing Notice was read by Acting Chairman Fitzpatrick. The petitioner, Mr. Sid Bader, explained that they were hoping to con- struct a 22 to 24 unit apartment building if granted the rezoning. They have just finished building an apartment at 1441 73rd Avenue Northeast, and feel it is a desirable building. They will build a well constructed apartment which will be an asset to the community. The public hearing was opened to the audience. Mr. and Mrs. Drumm, residing at 1641 73rd Avenue which is the home adjacent to and East of the lot being considered for rezoning stated that his home was of average value with recent remodeling costing him about $5,000.00. He stated that he was in sales and that it was not uncommon for him to be transfered on fairly short notice which would make it necessary to sell his home with a shorter other than normallamount of time to dispose of it. He felt that if this property was rezoned, it would hinder his ability to sell his home. Planning Commission Meeting - December 9, 1970 Page 2 Mr. Drwam had the following comments and questions; First, he wondered if anyone could tell him when this construction would commence and when it was completed, where would it be located with reference to his West line. He questioned the location of outside facilities such as garbage cans, parking lot and driveway. He also wondered if there was any control over the number and ages of the children in the families renting in the proposed building. Mr. Bader stated that he could not answer all of Mr. Drumm's questions because they have not gone into much detail on the plan for a building on this area yet. However, he would offer the following data: He would estimate that it would take them about 30 days from the date of rezoning approval. The draw- ing that was submitted with his petition shows the building 15 feet from your West line with the driveway along the West side of the lot leading to a parking lot to be located North of the proposed building. Mr. Bader went on zo slate that all the units would be two bedroom and they had not thought of any restrictioas on the size of a family wanting to live there. He would estimate, however, that the average age of the children in their building at 1441 was about 14 years. Mrs. Drumm commented that most people will not buy next door to an apart- ment. Mr. Bader answered that when single family lots are close to lots zoned R-3, there is the possibility that the immediate area may be considered for apartments and it would make that property worth more, Mr. Drumm felt that their home was too valuable to offset the increased value if it were rezoned to R-3 therefore he felt his property would more than likely remain R-1 and would feel much better if the proposed structure were smaller, say a fourplex. Mr. Robert S. Bigelow, 6322. Bass Lake Road, Minneapolis: He stated that in all his real estate experience, he would have to say he would have as much, or better, chance of selling Mr. Drumm's home with the type of building Mr. Bader is constructing as opposed to the kind of house that is there now. Mrs. Drumm stated they bought their house in that area for privacy and there were just ten children in the block, but now the number would increase. Mr. Drumm felt the height of. the building would affect the amount of light his house would receive. Tom Marxen, 1620 Onondaga Street (Lot 5) : He explained his property was adjacent and lies East and North of the property under discussion. The pro- posed road in the center of his property has been dedicated and he has built one home on the front lot, and he intended to build another one on Onondaga. He has put in a lot of time and money so far, and felt that something had to be resolved regarding the zoning and the dedicated street. Vice Chairman Fitzpatrick believed the subject of the roadway ought to be taken up at this time. Originally the proposed plan was for an East/West street midway between Onondaga Street and 73rd Avenue in order to serve the interior part of the block. Planning Commission Meeting - December 9, 1970 Page 3 The Engineering Assistant gave the following brief history for the area: In 1961 the Planning Commission and City Council adopted a street plan for the area of Fridley North of 73rd Avenue and East of Central Avenue. In this so- called super block, being bounded by Hayes Street on the West on the East b-Y Stinson Boulevard, on the North by Onondaga Street and on the South by 73rd Avenue, the plan indicated the need for an additional street to run East and West and to be located half way between 73rd and Onondaga. There was also a couple of legs off from this street out to either Onondaga or 73rd Avenue. However, at the time this plan was adopted, the entire block was zoned R-1. In 1963 Council approved some rezoning to R-3 in the West half along 73rd Avenue in this super block thereby reducing the need for street access to the rear of the 300 foot depth lots along 73rd Avenue that are zoned R-3. However, there still is a need for street access to the rear of the long lots facing Onon- daga. The area West of Zywicki property has been pretty well resolved by the Council approval of the George Nelson land use lass_ Monday night. The two parcels lying East of the Zywicki property have previously been split or platted with the dedications of right of way to meet the plan for, the addition of a street mid- block between 73rd and Onondaga. This then makes it nearly mandatory than we axtend the dedication through the Zywicki property of which we are considering tonight. Acting Chairman. Fitzpatrick asked if Darrel would explain the George Nelson development a little more in detail. It was then explained that Mr. Nelson was to dedicate a 35 foot street easement along the West edge of Lot 30 from Onondaga South to midway between Onondaga and 73rd to provide for an outlet if the East/West streets were to be dedicated from Lot 30 to the West. He was not required to dedicate right of way for the East/West street through lots 30 or 31 because he plans to leave the area North of the R-3 property (being the South half of Lots 30 and 31) open and to be used for recreation area for the building to be constructed along 73rd Avenue. Mr. Nelson will be platting six lots along Onondaga for single family houses. It was also explained that Mr. Nelson was given approval to increase the number of units allowed on the R-3 portion by the number of single family dwellings that could have been built on the R-1 vacant property adjacent to the R-3. It was also pointed out that if a street were put in between land zoned R-1 and R-3 with the R-3 property having already been served by a street and sewer and water on the opposite end,that more than likely all the cost of the sewer and water would have to be born by the R-1 property and 75% of the cost df the street to be paid by the R-1 property. If this method were used to assess `the improvements, it would put the cost so high that it could make it uneconomical to have the street put in at all. Mr. Drumm asked if the proposed rezoning would affect his taxes - would they increase or decrease? Darrel Clark answered that as far as the valuation of the property is concerned, he would think it would stay the same because it is R-1 property. Mr. Drumm wondered, with the land already zoned for apartments in that area, and which is for sale having a larger area than what is now being rezoned, why they need this land. Planning Com�tssion Meeting - December 9, 1970 Page 4 Vice Chairman Fitzpatrick explained that the request for the rezoning was by Mr. Zywicki, the owner of the laked, and he had asked Mr. Bader to develop it for him. The petitioner has the right to petition for rezoning of his own property. He then asked Darrel Clark how much R-3 land is available in that area. Darrel Clark explained that about 1011. of the area zoned R-3 had R-3 develop- ment on it now with the assumption that George Nelson is building on his property, it would bring the developed R-3 property to about 40%. Mr. Harris asked Mr. Marxen if he were planning on splitting his lot. Mr. Marxen replied that he platted the area because he did not know the kind of homes he could build because of the frontage. If his land remained R-1, he would need a street access, otherwise if there should be a possibility that the area would all be developed R-3, the street access could be removed. It was also explained that the outlet for the East/West street would make it necessary for additional right of way along the East edge of Lot 32 now owned by E. H. Stein. It was noted that a letter from E. H. Stein, owner of Lot 32, did not object to the rezoning. Mr. Harris then wondered if it might be necessary to acquire another 30 feet of right away from Lot 32 to provide access to the East lots. National Funds, former owners of Lot 32, platted the land including the 30 foot dedication, but never filed the plat. Mr. Bigelow said he still didn't see how this access was affected by the petition. It was explained that, assuming this East/West street were improved right now with the area on both sides zoned R-1, the improvement cost would probably be borne equally on either side of the new street. Now assume Zywicki property were zoned R-3 and developed prior to the new street being improved, then you see the North side or R-1 property would pay nearly all the improvement cost and the area on the South side of the new street very little because they already have been served by 73rd Avenue. Mr. Marxen said in answer to Mr. Bigelow's question that he could not, at this time, decide whether he would want his land zoned R-3 without access' or whether,he, could possibly accept the additional improvement cost for the new street if the Zywicki-parcel were rezoned to R-3. His main concern would be how could he develop his land with some profit to him and best fit the area as far as use was concerned. Mr. Harris commented that the depth of the North one third of Lot 4 �s 200 feet, the parcel remaining would be 101 feet deep. If a street were put through, that would leave Mr. Zywicki with a lot North of the street less than 100 feat in depth. In order to make that into buildable lots, he would almost have to pprchase some of the lot that faces Onondaga. It will take cooperation of the people in the block to make the plan work. The Engineering Assistant said that the aroma owned by Mr. Zwicki North of the area being rezoned would be about 75 feet North and South by 175 feet East and West along the proposed street. A comment was made that the houses in this area are, for the most part, very nice homes. MOTION by Minish, seconded by Harris, that the Planning Commission close the public hearing of the rezoning request, ZOA #70-06, Sid Bader, to rezone from R-1 to R-3 the South 2/3rds of Lot 4, Auditor's Subdivision #108. Upon a voice vote, all voting aye, the motion carried unanimously. Planning Commission Meeting - December 9, 1970 Page 5 Mr. Minish said that this rezoning request is another one of those trouble- some situations -- single family and multiple in the same area. At this point, where Lakeside, if extended, would come through, wouldd mark the Easterly boundary of the multiple. The rest is single family. It seems that a natural break would be the extension of Lakeside to keep it as a buffer. Mr. Schmedeke asked that if the proposed road were to go through, in of objections of some of the people, would the procedure be to condemn t&ie lani needed to complete the area. It was stated that if a large enough percentage of the owners wanted it, the few undedicated parcels would probably be taken by condemnation. Mr. Harris said he was impressed by the presentation this evening as the petitioner had done a lot of ground work, such as getting signatures from most of the people in the block. He was certain that in some way, if the petition were granted, Mr. Drumm's property could be protected by berms, landscaping, etc. But before he could vote for any rezoning on Lot 4, the petitioner would have to agree to dedicate the 50 foot right of way for the rest of the other street. The South half of Lot 32 is R-3 as well as all the lots to the West. With Mr. Nelson's project going ahead and one other apartment building in the area, that as time goes on, he was certain the rest of R-3 property will be developed. Perhaps Lot 4 is a good place to stop, with Mr. Marxen developing his property R-1. If the rezoning request were granted, in order to protect Mr. Drumm, the Planning Commission would recommend the dedication of the street, adequate screening between R-1 and R-3 with trees, berms, etc. Mr. Schmedeke said he also felt that R-3 should stop with Lot 4. Mr. Marxen stated he would prefer a proper buffer on the North end of the R-3 property. In the case ofL-, , Belson, the Engineering Ass-istant said it was stipu- lated there would be no access to the North. Mr. Schmedeke asked what the effect would be on the number of units in the apartment if the street in the middle of the block would be dedicated. The Engineer- ing Assistant answered that by taking the right of way, the petitioner would lose about 5,000 square feet which would amount to the loss of about 2 units. Sometimes a street dedication is allowed in figuring the density of an area. MOTION by Schmedeke, seconded by Harris, that the Planning Commission recom- mend approval of the rezoning request, ZOA #70-06, Sid Bader to rezone the South Half of Lot 4, Auditor's Subdivision #108, from R-1 to R-3 District with the stipu- lation that Mr. Zywicki continue the necessary dedications to connect a right of way up with the already dedicated portion to the East, the access to this new street be controlled or limited, the new R-3 area be properly and adequately screened adjacent to the R-1 properties. Upon a voice vote, all voting aye, except Minish, voting nay, the motion carried. 2. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT: SP #70-12, ALVIN A. NITSCHKE: Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street between before mentioned parcels. The Notice of Hearing was read by Vice Chairman Fitzpatrick. Mr. and Mrs. Nitschke were present. zd� #/7d -off (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on February 8,1971 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a rezoning request(ZOA No.70-06)by Sid Bader to rezone from R- 1(single family dwelling)to R-3(general multiple family dwellings) the following described parcel: The Southerly one half (Mh) of Lot 4. Auditor's Subdivision No. 108, lying in Section 12, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 1619-73rd Avenue Northeast. Anyone desiring to be heard with reference to the above matter may be heard at this time. JACK O.KIRKHAM Mayor (Jan.20& ,1971)—TC OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on February 8, 1971 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request (ZOA #70-06) by Sid Bader to rezone from R-1 (single family dwelling) to R-3 (general multiple family dwellings) the follow- ing described parcel: The Southerly one half (1/2) of Lot 4, Auditor's Subdivision #108, lying in Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1619 - 73rd Avenue Northeast. Anyone desiring to be heard with reference to the above matter may be heard at this time. JACK 0. KIRKHAM MAYOR Publish: January 20, 1971 January 27, 1971 REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 PAGE 7 Councilman Liebl said that this legislation penalizes those communities that go out and get industries into their city and benefits the bedroom communities. Councilman Harris asked the City Attorney if he could make an appearance before the Metropolitan Council and the City Attorney said that he felt that the League of Minnesota Municipalities was a better vehicle, as this is State- wide legislation. THE MOTION was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING C0111MISSION IMEETING OF FEBRUARY 4,� -1970-,,-- 1. PRELIMINARY PLAT P.S. #69-12., AND VACATION REQUEST SAV #70-02, SHOREWOOD PLAZA, MAX SALITERMAN. MOTION by Councilman Liebl to sem MarcA~! 9, 1970 for the Public Hearing for the Preliminary Plat and Vacation requested by Max Saliterman. Seconded by CC-2ncil-- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, 2. REZONING REQUEST ZOA #69--12, ROBERT V. PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision 0108 The City Engineer explained that Mr. Pritchard has requested and the Planning Commission has concurred in an approval of a 60 day extension until the neighbor- hood concept can be worked out. MOTION by Councilman Liebl to concur, and grant a 60 day extension to Mr. Robert V. Pritchard on his rezoning request. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. REZONING REQUEST ZOA #70-01, NORMAN E. RIEDEL: On 5th Street to 7th Street, from Mississippi Street to 63rd Avenue N.E. The Planning Commission is continuing this item so there was no Council action. 4. VACATION RF.QtJEST SAV #r70-03, BY CITY OF MINNEAPOLIS TO VACATE THAT PART O MARSHALL STREET AND 43RD AVENUE THAT LIE INSIDE WATER WORMS PaOPZ7VI?'s_ The City Engineer said that the Planning Commission recommended approval of the vacation request, with stipulations. He suggested that when the Public Hearing is held, to also hold that portion tied to the N.S.S.S.D. vacation. MOTION by Councilman Samuelson to set the Public Hearing for the requested vacation of Marshall Street and other streets for ,March 9, 1970. Seconded by Councilman Sheridan for discussion. Councilman Sheridan asked if there was a .letter from both sides of the street in favor of the vacation, could the Public Hearing then be waived. The City .Attorney said that this is not the only criteria, for instance, the City of Minneapolis objected to the vacation of Marshall Street as they are using the street. Councilman Liebl asked if the land has been sold by Harris Brothers to N.S.S.S.D. now. Mr. Richard Harris said -chat he had not received any money. Councilman REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 5 REPORT FROM CITY ATTORNEY REGARDING REGULATION OF SNOWMOBILES: The City Attorney discussed the proposed uniform snowmobile ordinance received from the Hennepin County League of Municipalities. He said there could be a little more control in the ordinance by placing a speed limit, he said they could make it ten to twenty miles per hour if they wanted, and could add more specifications on safety equipment. He said that the advantage of a uniform ordinance would be for someone driving from community to community to have standard regulations. Only six communities have passed this ordinance, but it has only been circulated since November. He said he has not had time to receive comments from the Chief of Police yet, but if he approves, the City Attorney would urge adoption. Mayor Kirkham thought it would be to the Council's advantage to adopt a uniform ordinance, acid he thought it could be adopted on first reading, and changes made before the second reading. Council- man Harris thought it would need some changes, not because it was not inclusive, but he thought there were areas not quite defined. Mr. Holm, the gentlman who had circulated•a petition regarding snowmobiles, asked how you regulate a speed limit. Mayor Kirkham said that it will be their own responsibility, and they will just have to travel slowly. Mr. Holm said he would like to see a speed limit of 10 or 15 MPH. Councilman Liebl said that it would be hard to keep the speed down that low on snowmobiles, he felt 10 MPH would be unrealistic. Councilman Sheridan said he could understand the p-yopla's concern about their children 'as snowmobiles have little control as far as stopping. Councilman Harris said that he noted that the slower they go,; the quieter they are. It was also pointed out that some communities req+ !.re that flags be flown for safety purposes. MOTION by Councilman Liebl that the proposed orcirianc : bu sent back to the Police Department for suggestions -on the ordinar_cv. Seccutled by Councilman Sheridan. Upon a voice vote, there being no nays, 14ayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 9, 1970: 1. PUBLIC HEARING, REQUEST FOR REZONINGQA._#]0-06.-SID BADER: LOT 4, AUDITOR'S SUBDIVISION #108, REZONE FROM R-1 TO R-3 THE SOUTH 3 ARDS. The City Engineer put the map of the area on the projector and explained that this would rezone half of Lot 4. MOTION by Councilman Harris to set the Public Hearing for rezoning request ZOA #70-12 to rezone the south half of Lot 4, Auditor's Subdivision #108, from R-1 to R-3 for February 8, 1971. Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING, REQUEST FOR SPECIAL USE PERMIT, SP #70-12, ALVIN A. NITSCHKE: The City Engineer said that this Special Use Permit is for a double bungalow and goes along with an exchange of property in the Jay Park area. The City would get 15.4 feet of property and Mr. Nitschke would end up with an 80 foot lot. Mr. Nitschke would also give the City $250 with the exchange. He showed the Council a picture of the type of bungalow planned. The Planning Commission had recommended approval subject to Mr. Nitschke getting approval from the Building Standards - Design Control Subcommittee of the building plans prior to submission to the Council. REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 6 MOTION by Councilman Harris to approve the exchange of property with Mr. Nitschke paying the City $250 additional because we are giving more land, and to approve the lot split for Lot 32, Block 5, Lowell Addition to Fridley Park. Seconded by Councilman Liebl.. Upon a voice vote, there being, no nays, Mayor Kirkham declared the motion carried. The City Engineer asked Mr. Nitschke if he has agreed to putting the fence on the south side, and he said that he did. Councilman Sheridan questioned the Special Use Permit in R-1 zoning as he thought a public hearing was required. The City Engineer looked this up and stated that a Special Use Permit in R-1 zoning requires a 4/5 vote of the Council, but a public hearing can be held if the Council wishes.. MOTION by Councilman Liebl to concur with the recommendation of the Planning Commi.,psion and grant the Special Use Permit with the stipulation that the Building Standards - Design Control approve the building plans prior to submission to the Council. Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Harris, Liebl, Sheridan, BrelAer voting aye,' the motion carried unanimously. 3. REQUEST FOR VACATION OF A PORTION OF A UTILITY EASEMENT BY JERRY ABRAMSHUK. SAV #70-05, TO VACATE THE NORTHERLY 7 FEET OF THE SOUTHERLY 15 FEET OF LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH: MOTION by Councilman Harris to set the Public Hearing for the requested vacation of a portion of a utility easement for February 8, 1971. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the remainder of the Planning Commission Minutes of December 9, 1970. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris asking the Administration. to bring back that part of the ordinance dealing with single family structures. and attached garages so the Council has a clarified position on it, and that the Planning Commission be sent that information along with any discussion or additional information for their comments. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 15 1970: 1. A REQUEST FOR A VARIANCE OF SECTION 56.05, 4B, SUBPARAGRAPH 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA FOR A FREE STANDING SIGN IN AN AUTOMOBILE SERVICE AREA FROM 80 SQUARE FEET TO 252 SQUARE FEET TO ALLOW THE EXISTING SIGN TO BE RELOCATED ON PART OF LOT 5 AUDITOR'S SUBDIVISION NO. 153, TAE SAME BEING 5201 CENTRAL AVENUE N E. , FRIDLEY, MINNESOTA (SPEEDY CAR WASH) . (REQUEST BY STUART J. PHILSTROM, 711 ROUND HILL ROAD, ST. PAUL, MINNESOTA) . The City Engineer explained that this was a variance for a pylon sign on property in Skywood Mall Shopping Center. The sign has to be moved because of the new Twin City Federal Building, and now it falls under the upgraded sign ordinance. There are now signs existing for Spartans, Skywood Mall, Minutes of Regular Meeting, February 22, 1971 Page 4 ANOKA COUNTY COMMISSIONER. Mr. Mike O'Bannon, Anoka County Commission, was present at the invitation of the Commission. Mr, Fitzpatrick stated that the County Commissioner has attended meetings of the Commission on a regular basis, in the past, and asked Mr. O'Bannon for his opinion. Mr. O'Bannon will try to maintain the same schedule of attendance. Mr. O'Bannon stated that he feels the County should participate more in the parks within the City. He said that if development of roads, etc. , are required, the County has the manpower and equipment to do it and should. -0Mr. O'Bannon will plan to attend the February, May, August, and November meetings, PETITION FOR A PARK, The Commission received a petition from the Citizens of Fridley, regarding land located east of Old Central . The land is generally located between Mississippi Street and Rice Creek Road, Stinson Boulevard and Arthur Street. The petition f, requests that the major portion of this property be left in its natural state for educational and ecological value. This property is presently, privately owned and is a low land which would involve a drainage problem before many improvements could be made, The people who own it want to develop it, We don't control it at the present time. The petitioners are asking us to buy it as a park land. The Commissioners all agreed that they would like to drive out and look at the property before they make any decisions. MOTION by OZ6on, Seconded by StimmteA, to take into con ideAation, CoA Jutctha ,study, the pu peAty 2acated between M.usz izzippi Street and Race CAeek Road, Stinson Boutevand and A&thuh Stheet, to be placed on the agenda at a ZateA date. The Motion caA)L.%ed. Mrs. Carolyn Rouse, a member of the League of Women Voters, was present and suggested that a possible solution could be found in the "Green Acres Act". This is a State Act. This would cut the citizens taxes and leave this area as open space and no one would build on it, but the taxes wouldn't be increased because of it. She didn't know if this land would qualify or not. A,OJOURNMENT MOTION by OtAon, to adjourn the meeting at 10:30 p.m. The next regular meeting will be held on Monday, March 22, 1971, at 7:30 p.m. in the conference room at Civic Center. Respectfully submitted, CA, H E STORDAHL, Secretary to the Commission I REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 2 FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (SAV #71-01, Project St. 1970-3) The City Engineer showed the area on the screen and said that this is for the loopback arrangement of the service roads on University Avenue. This hearing was held February 8, 1971 with no objections. As soon as the property is released by the Minnesota State Highway Department, the City of Fridley could vacate it. This is for the intersections of 61st Avenue and 57th Avenue with T.H. #47. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive r ` the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, Breider, Kelshaw, Kirkham, and Liebl voting aye, Mayor Kirkham declared the motion �U carried. RECEIVING PETITION #18-1970 INDICATING NO OBJECTION TO THE REZONING OF PROPERTY / AS PER REZONING REQUEST ZOA #70-06, BY SID BADER TO REZONE FROM R-1 TO R-3 THE SOUTH 301 FEET OF LOT 4, AUDITOR'S SUBDIVISION #108: ' AND FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNEOSTA BY MAKING A CHANGE IN ZONING DISTRICTS: Mr. Leonard Juster was present representing Sid Bader. He said that he is a reputable builder and has worked closely with the engineering office. Mr. rrumm (adjacent neighbor) has talked to him about moving his driveway to the other side of the lot. He said that he was sure that the proposal satisfied the neighbors. MOTION by Councilman Breider to receive Petition No. 18-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked if the problem with Mr. Drumm has been solved. Mr. Juster said that his client has met with Mr. Drumm and agreed that there could either be the driveway for a buffer or landscape screening. Councilman Breider said that he understood that the rezoning would be only the south ;I of the lot up to the street. The City Engineer said yes, there would be a street easement that would have to be acquired at this time. There should also be an agreement that he will pay his share of the assessments for water, sewer, storm sewer and street, as this would be a double frontage lot. Councilman Kelshaw asked if Mr. Drumm signed the petition. The City Engineer said that Mr. Drumm was not sure of his feelings at this time. MOTION by Councilman Breider to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. It was pointed out that the second reading would not be held until the City received the right of way necessary and there is an agreement signed that they will accept the assessments for sewer, water, storm sewer and street on the north ;i of Lot 4. Upon a roll call vote, Breider, Kelshaw, Kirkham, and Liebl voting aye, Mayor Kirkham declared the motion carried. THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 1, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: Liebl, Breider, Kelshaw, Kirkham, Harris (Arrived at 8:20 P.M. , MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Regular Council Meeting of February 1, 1971 as presented. Seconded by Councilman Liebl. Councilman Liebl questioned the meaning of "approving the settlement in principle" as stated on Page 19 under the item: "Consideration of Resolution Concerning Liquor Store Employees." He said that at that time he had asked for time to study the proposal, and wondered if the Council action would be to now ratify it. The Acting City Manager said that it would not be proper to ratify the settlement before the negotiations are completed. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF THE MINUTES OF THE PUBLIC HEARING MEETING OF FEBRUARY 8, 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Special Public Hearing Meeting of February 8, 1971 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: l Mayor Kirkham commented that he had no items to add to the Agenda, but he would like the privilege of moving the items, and taking them out of order to accommodate the audience interested in certain items. MOTION by Councilman Liebl to adopt the Agenda as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. VISITORS: Mr. Carl Paulson asked about Item #30 dealing with a proposed Ordinance that would require a double garage for a single family residence. He asked if there would be any exception for the garage where the lots are not large enough. Mayor Kirkham said that they could always go to the Board of Appeals in hardship cases, such as cases where the lot is not large enough. This Ordinance is only proposed and open for study. REGULAR COUNCIL MEETING OF MARCH 15, 1971. PAGE 5 Mr. Richard Harris asked that the Ordinance be read, which Mayor Kirkham did. yn ()L UPON A ROLL CALF, VOTE, Kirkham, Liebl, Harris, Breider, and Kelshaw voting aye, Kirkham declared the motion carried unanimously. � RECEIVING AGREEMENT REGARDING REZONING OF THE PROPERTY AS PER REZONING REQUEST ZOA #70-06, BY SID BADER TO REZONIE FROM R-1 TO R-3 THE SOUTH 301 FEET OF LOT 4, AUDITOR'S SUBDIVISION #108: AND ORDINANCE #476 AN AN ORDINCET0 AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Sid Bader) The City Engineer said that there were copies of- the executed agreement in the Council Agenda. This ,is an agreement he felt should be agreed to by the property owner to protect the interests of the City of Fridley. If the Council is satisfied with the agreement, they would need to authorize the signature of the Mayor and Acting City Manager. Councilman Liebl asked if this agreement would be binding, or if the property owner could come back later and make changes. The City Attorney indicated he felt that it would be legally binding, and meets all requirements. MOTION by Councilman Breider to authorize the Mayor and Acting City Manager to sign the agreement and adopt Ordinance #476 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Harris, Breider, Kelshaw, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. REQUEST EST FOR REAFPROVAL OF EAST RANCH ESTATES SECOND ADDITION PLAT: The City Engineer said that this plat was approved in 1969. The property owners are now requesting reapproval as they are ready to file the plat. He pointed out that there is a small portion of property zoned industrial within the loop- back at 79th Avenue and questioned whether the Council would wish to make this parcel larger so that it would meet the industrial zoning requirements. For industrial zoning it is 2/10 acre short. By increasing it, it would make the parcel larger so that something other than a gas station could be built. The utilities have been put in as requested by the property owner. There is water and sewer but no drainage facility at this time. The Planning Commission is currently undertaking a complete study of this whole area. He then showed the plat on the screen and pointed out where the different zoning catagories are. Councilman Harris said that he was not necessarily advocating gas stations but could they be precluded on a parcel so small. The City Engineer said that if it was made lis acres, it would be an attractive industrial site for a small business. There should be some policy set up on where gas stations should be allowed, and if any more should be allowed in the City. He said his question.is whether it should be left at 1.3 acres, or should they be advised to increase it. Council- man Kelshaw asked if it would be any hardship to make the parcel larger. Mr. Schroer indicated that it would be no hardship. He said that this site would not be attractive for a major business. The City Engineer said that it would not be large enough for a major business, but would be more for a machine shop or a small manufacturing business. Mr. Schroer said that the road could be moved so that the parcel would meet the requirement for industrial zoning. REGULAR COUNCIL MEETING OF MARCH 15, 1971. PAGE 6 The City Engineer said that the Planning Commission will be studying this whole area this Wednesday. If the Council reapproves the plat, the Planning Commission should take another look at it. It has been two years since this area has been reviewed. MOTION by Councilman Harris to reapprove the plat subject to the Planning Commission's submitting their ideas and recommendations. Seconded by Council- man Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REQUEST FOR REMOVAL OF MATERIAL AND GRADING OF THE PROPERTY ON LOT 10, AUDITOR'S SUBDIVISION #22, SECTION 13, REQUEST BY ED CHIES: The City Engineer showed the area on the overhead projector and said in 1965 - 66 he was issued a Land Alteration Permit and at that time had submitted a bond. Now there is additional survey information indicating some excess material could be taken out without seriously affecting the grades. The request is now to remove this excess material from the property. He said that if the Council allows the removal of the material, he would suggest a time limit. Councilman Harris asked if they were covered by a bond now. The City Engineer said yes, by the same old bond. The bonding company has been concerned and would like to see this commitment fulfilled. The City Attorney said that he had been in touch with the bonding company the last two - three weeks. They are interested in getting this completed so they can dischargetheir obligation. The bond is in effect and valid. Mayor Kirkham asked how long it would take. Mr. Ed Chies said hopefully, this construction season they should be done. Mr. Duane Olson said that he has been working with Mr. Chies. He said that he believed Park Construction wants to take out some 4,000 yards immediately. He added that he was no longer with Comstock & Davis, Inc. He said that the grades have been discussed with the City Engineer to determine what was available. He said that he has shot the elevations on the property and the grades and slopes have been set. He said that their study shows an excess of 39,000 cubic yards of material on the entire site. Their plans involve grading at a 2 to 1 slope on the side slopes. There is a considerable amount of material on the south side of the property that would not have to be removed. He thought it may be some- thing less than the 39,000 yards, the questions are: how much material can be removed and what is the ultimate disposition of the property to be? They would now like to request permission to remove the material to meet the City require- ments for street grades. Councilman Liebl said that the City has had problems in this area before. He asked if they feel that 39,000 is what they want to remove. What if they need some additional material to fill in the low areas? Mr. Olson said that they estimated that the total is 53,000 cubic yards and some of this would be used as fill. They must allow for shrinkage and the loss through compaction. This would be the absolute maximum. He pointed out that the south portion is partially wooded. The City Engineer said that he wanted to make it perfectly clear that they would not have to remove anything. The 39,000 cubic yards is the absolute maximum they could remove, and lie thought that a more realistic figure would be more like 'i of that amount. The Council should also make a determination on the quantity they will allow to be removed. REGULAR COUNCIL MEETING OF APRIL 5, 1971 PAGE 12 The City Engineer reported that hcdtxonics have requested a delay on their plans so no action is necessary at this time. 4. CONSIDERATION OF A P76UE.ST TO CONSTRUCT AN APi',R_T_;. 23T MT- LEX TO BE LOCATED ON THE SOUTH ; OF LOT 40, AUDITOR'S SUBDIVISION THB ST.,:1E BEING 1619 73P,D AVENUE N.E. , FRIDLEY, MINNESOTA. (RFOUEST BY SID D.ADER, 3005 OTTA..JA AVENUE SOUTH, ST. LOUIS PAPIC, MINNESOTA 55416) : The City Engineer said that the Building Board recd.=ended approval of the plans with the stipulation that they wanted additional brick, which the petitioner agreed to. He then shored the Council an elevation of the building, and added that they have agreed to put in shrubbery. It would be about 50% brick and the rest stucco. Councilnan Liebl said that there is an attractive apartment building in the area now. MOTION by Councilman Harriss to approve the building permit for Sid Bader subject to the Board's stipulations. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT PHASE III OF GEO ETU'IN LPARTMENTS LOCATED AT 5640, 5680, 5720, A1,M. 5740 FAST RIVER ROAR, FRIDI. :Y, MINNESOTA. (RE UEST BY 14AURICE FILISTER, 5750 EAST RIVER RO 0, FRIDL.EY, MINNESOTA, 55432) : The City Engineer said that this request is to construct Phase III of the Georgetown Apartment complex. The Building Board reccu:,aended approval of the plans. Originally he showed curbing all around and a divider strip on the plans. Mr. Filister waa present and did not want to chow any curbing in the center of the parking lot and removed it. The City Engineer's recosrmndation is, if he is going to remove the divider strip from the parking lot, he should provide islands of trees or shrubbery to break up the large e:.panse of parking area. With this addition of units the existing roz>dway will need upgrading and will need curbing. The Council has already ordered these improvc.Lments and Mr. Filister should understand that there will be assessments coning. He expressed some concern that this complex would have a potential of high mainten n.ce because of the different colors on the fronts. There is some problem in regard to utilities, but he concurs with the recommendation of the City that there would have to be .a lift station and loops. Councilman Harris asked why he took out the center divider. The City Engineer said that it shows on the osiginzl plans, but he changed the.: . He said that he did not need the additional parking. He felt that there should be scme landscaping to break up the large erpanse:.of parking. There w,-culd be curbing around the trees or shrubs. Councilman Harris s ?d that he agreed that seething should be put in. Councilman Liebl questioned the wisdom of putting in islrnds as it would cause probler-a with snow plowing its thea winter, cnd it would harder to Maintain. The City Engineer said that there would still be fairly large open spaces. Councilman Liebl asked where the snowy would go. The City Ftgineer said against the building in the space beyond the sic'%a,1.Y. Councilman Liebl. pointed out that on the original proposal by Holid&y Village Porth, thoy had islcndss, then came in later to request permission to take them out. The City Engineer staid that after that, they changed their minds. Councilman Liebl felt that they would still be hard to maintain. The City Engineox pointed out that there would have to be walkways anyhow through the parking lot. r �* SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 6 PUBLIC HEARING ON VACATION SAV #71-01, PROJECT 1970-3, TO VACATE PORTIONS OF T.H. #47 EAST SERVICE ROAD: Mayor Kirkham said that this hearing was relative to the loopback arrange- ment along University Avenue. The City Engineer showed the area on the overhead projector and said that they have been working toward improved safety and traffic flow at the intersection of T.H. #47 and 61st Avenue and 57th Avenue. At 61st, the proposal is to detach the existing service road and loop it back behind the service station. They have requested the Highway Department to release the land, then the City would vacate it and it would become part of the property belonging to the property owners to the east. Mayor Kirkham asked if there was any member of the audience that wished to speak. A representative from St. Williams Church asked if this was the same plan that was presented to them in August, 1968. The City Engineer said that it was basically the same. Councilman Liebl asked if the City has received a letter saying that Shell will cooperate. The City Engineer said that he has communicated with them two or three times and they have not given him a formal "yes", but they have given verbal agreement. He added that if the negotiations are not successful, the Council has already authorized the City Attorney to start condemnation proceedings. MOTION by Councilman Liebl to close the Public Hearing on SAV #71-01, to vacate portions of T.H. #47 East Service Road. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:45 P.M. PUBLIC HEARING ON REZONING REQUEST ZOA #70-06, BY SID BADER TO REZONE FROM R-1 TO R-3 THE SOUTH 301 FEET QF LOT 4, AUDITOR'S SUBDIVISION #108: The City Engineer showed the area to be rezoned on the screen along with the surrounding areas to show the relationship to the request. The request is to rezone the south � of Lot 4 from R-1 to R-3A. The area to the west is already zoned R-3. The Planning Commission held their hearing and recommended approval of the rezoning request. There was a letter of no objection from the adjacent property owners. The property in the north � of Lot 4 would still be residential. This hearing is held to hear the comments of the adjoining property owners. Mr. Tom Marxen, 1620 Onondaga, said that he is the owner of Lot 5, Auditor's Subdivision #108 and directly adjacent on the east. He said that in looking at this it seems there could be a better plan applied to this area. The Planning Commission seemed to think Lot 5 would remain R-1, but he did not see how it could, with cars driving through the parking lot to get to the home. Councilman Liebl asked him to go to the map and point out where the house is. Mr. Marxen went to the map and said there was a house on Onondaga at the north end of Lot 5. Councilman Liebl asked if part of the lot would be land locked. Mr. Marxen said that it would without the road easement going across the middle of Lot 4. He said that Mr. Bader has agreed to fencing etc. , but he wondered just how much good that would do. r , +t SPE'` AL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971, PAGE 5 Now they are being asked to -put in a blacktopped surface to facilitate someone driving from Beech Street to Elm Street. There -is no sense in a street bet�.•,,:en Elm Street and Main Street. He said that this is a way of dodging the situation with Spring Lake Park and it will just be pushed aside. The way to build a tax base is not to have open ditches! fie said that he proposed a long time ago that there should be some overall plan for this area and get the problems solved first. There was once a, proposal to vacate that street. Mayor Kirkham said that it was not fair to indicate to the audience that nothing is being done concerning the ditch problem. The City has been doing-everything possible to speed up the resolvement of the problem with Spring Lake Park. Mr. Harris said that he understood that Fridley is going to court with Spring Lake Park about this situation. Mayor Kirkham said that this is what has to be done. Mr. Harris asked then why pave the street? Mayor Kirkham said that he should not be critical, and that this is just a proposal and it is not going to be ramrodded in. Mr. Harris said that he did not like it and that he has invested his money in this community. Mayor Kirkham said that Mr. Harris is critical of Council action, yet this is Mr. Harris' area and the traffic generated is partly due to his operation. He said that he must not be critical of the staff for trying to respond to what the residents in the area want. Mr. Harris has indicated a need for streets in this area. Councilman Liebl asked Mr. Harris if he felt that to do this street would be a waste of money and Mr. Harris replied yes. Councilman Liebl asked if he thought that by putting in this improvement, it wodld jeopardize streets in case of problems in the spring. Mr. Harris said that everything comes back to the ditch problem. The culverts are more than &I full, and with existing conditions there will be water over Elm, Beech and Main Streets. He said that it was not conceivable to him how paving of 78th will keep dirt off Elm, Beech and Main Streets. It will not do a bit of good. The City Engineer said that it is true that part of the streets will not have curbing, but that part not having curbing will have an asphalt machine rolled curb for control of the Water. When the drainage problem has been solved, the permanent improvement could go in. Court cases do take a great deal of time. There was a statement made by Mr. Harris that there will be water over the road. There is no question, there will be water over the roadway, the improvement to the drainage situation is badly needed. There have been aprons put into the roadways to control the water, there is no other physical way. The only way to correct the situation is to put in the proper drainage system, and the major portion of the cost should be borne by Spring Lake Park. Mr. Harris said that he still did not believe that this would keep the dirt off the street. The City Engineer said that if he had such strong feelings about this, the Council may choose to delete it. Just because it is proposed does not mean that it will go through. Councilman 'Kelshaw asked Mr. Harris what was his occupation. Mr. Harris replied that he has been an engineer since 1957. MOTION by Councilman Kelshaw to close the Public Hearing on Street Improve- ment Project St.. 1970-4, Addendum #3. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, the motion carried and the hearing was closed at 8:42 P.M. SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 7 Councilman Liebl asked what. was the price range of the homes in that area. Mr. Marxen said about $24,000. Councilman Liebl asked what type of home was on the west side. Mr. Marxen said there was one home on Lot 4- He added that if he was the owner of Lot 4 and was able to put a building on it, he would walk away from it. The City Engineer said that the area to the west has been worked out with the Council and there are to be some residential lots on Onondaga. The proposal is to extend the north - south road on the east side of Lot 32 down to the middle of the block. Mr. Bader has gone to the abutting property owners and gotten their comments. If Mr. Marxen wants to develop his property, he would suggest a meeting with the property owners. Mr. Sid Bader came forward and presented his plans at the Council table. He said that the driveway is proposed on the west side of the building. He said that this was recommended by the Planning Commission. There is to be a berm and landscaping on the other side. There is also a street easement to be given at the north end of where the R-3 will be. He said that he owns 1441 73rd Avenue which is an apartment complex and it has rented very well. He would now like to get the south I% of Lot 4 rezoned. Councilman Liebl said that Mr. Bader is trying to build a 24 unit complex and questioned if he met all the area requirements. The City Engineer explained that he is not asking for a building permit at this time and before he does, he will have to meet the requirements. Mr. Bader said that if he builds 23 units, he will have 23 garages. Councilman Liebl asked what was the investment per unit. Mr. Bader said approximately $16,000 per unit. ' Mr. Drumm, 1641 73rd Avenue N.E. , said that he has the adjacent property to the east. He said he would like to know when something like this goes into an area, what affect does it have on the resale of his home. He said that in his work he is subject to transfer, and added that his home is for sale now for $21,900. The City Assessor said that it was not very likely to affect the sale of his property in this price range. When homes get into the $30,000 and up price range there may be some ill affect on selling the home. Councilman Kelshaw asked how much the units. would .rent for. Mr. Bader said that a two bedroom would be $200 - $210 with garage. Mrs. Drumm asked how many children are estimated for the building. Mr. Bader said that he did not know, but that he did not have any more than six children in the eight unit apartment building near there. Mr. Bob Bigelow, 6322 Bass Lake Road, Minneapolis, said that as far as the value goes in this area, by nature it will have to increase. There is a little shack on, the lot now and he did not see how building a nice apartment complex could do anything but enhance the area. Mr, Drumm said that having 24 families next door-rather than one sometimes makes people want to sell their home. Councilman Liebl said that there are quite often problems in having R-1 and R-3 in the same area. Lakeside Road would make a natural boundary for the multiple units, and could form a „buffer. He said that he did recognize the fact that the apartment complex on 73rd Avenue is very nice and of high quality, but he would want to make ({V SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 8 sure that the people are not hurt. He said that he would take another look at the area. Mr. Bigelow pointed out that the petition has been approved by about 90% of the property owners. Councilman Breider asked if Lot 32 was one solid lot. The City Engineer said yes, and the A is R-3 and the NQS is residential. There is a proposal to split ,it east and west, then it would be served by the north - south road ' on the east side of Lot 32. Lot 4 has enough area to make four lots, except that there is already a house on Onondaga. If the property owners want to get together and develop the area, it could be done. Councilman Breider asked how Lots 7, 8, 9, and 10 could be served. The City Engineer said that they could be split north and south, then served by the mid-block cul-de-sac if the people wish. Councilman Breider said that he believed Mr. Bader mentioned building a hose on the north end of Lot 4. He asked if he would be petitioning to put the street in. Mr. Bader said that if the street went in, fine. MOTION by Councilman Breider to close the Public Hearing on the rezoning request ZOA #70-06 by Sid Bader. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:10 P.M. PUBLIC HEARING::, VACATION SAV #70-05, BY JAROSLAW ABRAMSHUK, A PARTIAL VACATION OF THE UTILITY EASEMENT ON LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH: The City Engineer said that on Page 18 of the Council Agenda is a Certificate of Survey showing the lot. The garage is already built and now the gentleman is requesting vacation of 7' of the easement. There are letters from Northwestern Bell Telephone Company and Northern States Power Company indicating that they do not object to the vacation. The City has no need for this easement, and the Planning Commission recommended approval of the request. MOTION by Councilman Liebl to receive the communication from Northern States Power Company dated December 8, 1970 and from Northwestern Bell Telephone Company dated December 8, 1970. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer commented that Mr. Abramshuk was very appologetic to the City for not following the proper procedure. MOTION by Councilman Liebl to close the Public Hearing on the .vacation request SAV #70-05 by Jaroslaw Abramshuk. Seconded .by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing .closed at 9:12 P.M. INFORMAL PUBLIC HEARING REGARDING REVISED SAFETY .AND ROAD IXPROVEMENTS OF EAST RIVER ROAD AND OTHER ROADS IN THE AREA: (STREET IMPROVEMENT PROJECT ST. 1971-3) Mayor Kirkham said that this road has been the concern of the City Council, law enforcement agencies, and the County Board for many years. They have been trying to come up with a solution to the safety hazards. He asked the City Engineer to give a summary of what has occurred over the years. Building tandards-Design_Control Meeting of March 18, 1971 Page 3 The lower level of the finished module will be an animal shelter and the upper level will be a manufacturing area. Mr. Oulman and Mr. Davidson were informed that the animal shelter would have to be approved by the Health inspector. The Board also mentioned that a means of egress should be provided at 69th so that, future traffic problems would be taken care of. They also mentioned that they would appreciate cooperation in the use of the creek area with the City and private organizations . MOTION by Tonco to recommend approval of a building permit for the addition to the existing building subject to the following stipulations: 1 , That the plans for the animal shelter be approved by the Health Inspector. 2. That a means of egress be provided at 69th to solve any future traffic problems . Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX TO BE LOCATED ON THE SOUTH 2 OF LOT 4, AUDITOR'S SUBDIVISION #108, THE SAME BEING 1619 - I 73RD AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY SID BADER, 3005 OTTAWA AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA 55416.) Mr. Zollie Baratz was present to present the request. Mr. Baratz stated that this will be a 24 unit apartment complex. They also have a 24 car garage. The building will be stucco and face brick. Both buildings will have a mansard roof. There will be a fenced-in refuse area by the back door with two dumpsters . Mr. Baratz was informed that more brick would be required to meet the 50 percent brick requirement in the Code. This was agreed to by Mr. Baratz and he assured the Board new plans would be submitted showing this increase in brick area. In going through the plans, the Board asked Mr. Baratz where the boiler room, laundry room, and storage facilities would be located as they were not shown on the plans. Mr. Baratz said he was not certain but in a previous building they had carried the stairway down one more flight and put these facilities below the other two floors . The Board stated that complete plans showing these facilities and where they would be located were necessary before a building permit could be issued. The Board then questioned how the party walls would be constructed. Mr. Baratz said they would be two separate 2 x 4 walls with 1" between each wall plus sheetrock. The total width of the walls will be 9'k inches . r Building Standards-Des _.Control Meeting of March 18, 1971 Page 4 MOTION by Lindblad to recommend approval of a building permit subject to the following stipulations: 1. That a complete set of plans be submitted showing the boiler room, laundry room, and storage facilities . 2. That plans be submitted showing additional brick added to the building to meet the requirement of 50 percent brick. 3. Spepify species of shrubbery shown on the plans. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT PHASE III OF GEORGETOWN APARTMENTS LOCATED AT 5640, 5660, 5680, 5720, AND 5740 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY MAURICE FILISTER, 5750 EAST RIVER ROAD, FRIDLEY, MINNESOTA 55432.) Mr. Maurice Filister and Mr. Bill Meyer were present to present the request . It was stated that these plans had been brought before the Board previously for approval of a change in the building locations which had been granted. Mr. Muhich also informed Mr. Filister that there wasn't any curbing on East River Road West Service Road and that he should be aware that there will be an improvement and he would be assessed for it as was stated in the Council minutes of the March 1, 1971 meeting. The Board mentioned that concrete curbing around all blacktop areas was required and this was not shown on the present plan. Mr. Filister then proceeded to draw on the plans in red all areas that would have concrete curbing. The Board then asked Mr. Filister what he was going to have between the double parking area to prevent the cars from backing into each other. Mr . Filister stated that he had not decided what he wanted in there as yet. He also said he would not put in anything that either ttae qty Engineer or the Building Inspector did not approve of. The Board asked Mr. Filister if he couldn't decide now as that was why they were meeting to get all these things ironed out. Mr. Filister said that he couldn't decide now because he would have to check on prices, etc. first . The Board then asked him if he would know in a couple of weeks so that they could look at it at the next Board meeting or else they could even hold a special meeting if he could decide sooner. Mr. Filister continued to say that he did not know when he would decide on such a minor detail but that he would not put in anything that either the City Engineer or the Building Inspector did not approve of. The Board then stated that they did not feel they could recommend approval of a permit with incomplete plans . 1 560.3450 Cit O L,/ V ANOKA COUNTY 6431 UNIVERSITY AVENUE NES -' ;; FRIDLEY, MINNESOTA 55421 yx �k March 51, 1971 Leppnard T. Juster, Atty. 805,0 Builders Exchange Building Minneapolis , Minnesota 55402 ' RE : Agreement Regarding Sid Bader Rezoning (ZOA # 70-06) Dear Leonard: Enclosed herewith is a rough draft of the agreement covering the conditions as part of the rezoning approval by the City Council . Please review and if it is satisfactory get it executed by the property owners and the contract of deed purchasers as soon as possible . If an executed copy of the agreement is in the City' s. hands by Thursday morning, then the second reading of the ordinance along with an executed copy of the agreement will be submitted to the City Council for their meeting of March 15 , 1971 , for action. I hope you will find this satisfactory. If you have any questions please feel free to contact me . Yours very truly, NASIM M. QURESHI , P .E. City Engineer-Director of Planning cc: Marvin Brunsell , Acting City Manager Sid Bader Edwin E. Zywicki NQ/njf The undersigned officers of the corporation have read the agreement between the property owners and the City of Fridley, concerned with the rezoning of the property and as this corporation is the contract of deed purchaser, we agree and accept all conditions of the said agreement . IN WITNESS WHEREOF, the parties, hereto have set their hand-s this __ day of 19__ , Party of the First Part In Presence Of Corporation Name —__ _--- ------- By Designation) --- ---- - — By—_ • Designation STATE OF MINNESOTA ) ss . COUNTY OF ) On this day of 19 , before me , a Notary Public within and for said County, personally appeared and — to me personally known, who , being each by me duly sworn did say that they are respectively the and the of the corporation named in the foregoing instrument , and that the seal affixed to said instrument 'is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of- its Board of and said and acknowled-cd said instrument to be the free act and deed of said corporation . LAW OFFICES WEAVER, TALLE & HERRICK 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 i CHARLES R.WEAVER 421-5413 HERMAN L.TALLE VIRGIL C.HERRICK 6279 UNIVERSITY AVENUE N.E. j FRIDLEY, MINNESOTA 55421 I ROBERT.MUNN$ 560-3650 J -- JAMES D.GIBES � FREDERICK W.KE!SER,JR. FIRST STATE BANK BUILDING PATRICK J. ROCHE,JR. COON RAPIDS,MINN.55433 755-1330 April 26, 1971 1 I 1 Mr. Marvin Brunsell City of Fridley I 6431 University Avenue N.E. Fridley, Minnesota 55432 1i 9 Dear Marvin: Enclosed herewith please find Agreement which has been filed and recorded. i Please put this with your permanent records. ' i a Sincerely, Virgil C. .(Ierrick VCH:ds Enclosure BOOKU DACE STATE OF DII NNL•SO1'A NIUTU:'\I, AGREEMENT COUNTY OF ANOKA - lOtY� day THIS AGREEMENT made and entered into this _ ___-- ' of March 1.971 , by and between LEONA M._ZYWICKI AND_ED_WIN E. to a the "property o1�mers" , ani, th.e CitY hereinafter r eferred of Fridley , a municipal corporation, hereinafter referred to as the "Ci.ty" . WIJEREAS , the property owners have petitioned the City to rezone the foilowing property from the present R- 1 zoning ---- classification to R- 3A zoning classification classification as shown on the attached map marked Exhibit "A" . The Southerly one half (1/2) of Lot 4 , Auditor ' s Subdivision X108 , lying in Section 12 , T- 30 , R- 24 , County of Anoka , Minnesota . City of Fridley , +1�at the rc.on?.3.' g or area to a —R- 3A zoning use district will be in the public interest , welfare , and convenience to . the people of the City of Fridley and provided that certain dedicaticns are made to I the City of Fridley and provided further that the owners f develo and maintain said property according agree to lay out , P � to standards agreed to in advance by the parties hereto . greement shall be the rezoning Consideration for this a R-1 zoning to a of the property described above from a f R- 3A zoning use district , owner to be able to build a 24 nit apartmethe nt building on the provert;✓ left after dedication of the portion of the property to the City of Fridley, and the mutual benefits to each of the parties hereto . z . i The parties , their successors and a,sslgns do hereby covenant and agree to as follows : 1) That the property owners agree to : a) Dedicate a SO foot strip of land along Northerl}- boundary line of the property for the purpose of road right of way as shown on attached Exhibit "A" . b) To accept any and all future assessments for she in- stallation of water , sanitary sev,er , storm sewer and street improvements on the proposed street through Lot 4 , Aud . Sub . ? 108 at the North boundary of the rezoned area , even- though the property .rezoned for apartments may not be able to use these facilities . These assessments will be on the basis as the property stood before tho rezoning approval. . c) Property owners agree that the development of said property including plans and landscaping , building design, materT.al c .ntlJu�l c ofr ct_?'vt r�uTl._.nc T r� �7F�on-i'Y for exterior storage shall be subject to the approval. of the City Council at the time the building permit is requested . d) Property owners or their tenants shall not occupy said property or building until receipt of a certificate of occupancy which shall be issued only upon compliance with the Fridley City Ordinances and the terms of this agreement . It is mutually agreed that the provisions of this agreement shall be bin(Iiilg upon Lind enforcible acTalnst the party's hereto , their successors and assigns and all subsequent owners of the FACE , BOOK �. - property here described. An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. IN WITNESS WHIL-REOF, the parties hereto have hereunto set their hands this day of 19-7�. In Presen e flf STATE OF b11NIv-E OTT a ) ) SS . COUNTY OF ,1.4.4 _ ) On this day of19 before rye , a Notary J Public within 'and for said County, personally appeared and :�., ;; :�; to me known to be the e sons described in, and who e40ted the foregoing instiaftent" a^d acknowledged that they executed the same as their free c;t--'.'ahcf _r t :'> \ r . -f- 1 DONA°D Vvcr,CK [`votary Pjb ic, Hannopin County,Minn. hty.Cunan:Woi Expira:Sept.22,19771 f b , - s i IN j'riTivESS W111"REOF , the parties hereto have set their hands this «30th_ day of March , 1971 _ Parity of the Second Part In Presence Of CITY .OF FRIDLEY A Municipal Corporation By C1 � yor City 'Manage-.--,' -" STAT: OF r,1NNES0TfI COUIN T Y 01 ANO KI On this 30th day of March 19 71 , before me , a Notary Public within and for said County, personally appeared Jack 0. Kirkhani and Marvin C. Brunsell , to me lcno;�m to be the persons described in , and w1flo executed the foregoing instrument and acknowledged that they executed the sa-me as their free act and . deed . • i i BOGt 9U ) FACE 41.9 - ` LIUU No. WOS%—Certificate of Acknowledgment—By Cnrporation Miller-Ar.vis Co.,Minneapolis,Minn. .621 MINNESOTA l 1 88. County of................ANOKA ..... On thi-s_....3 th.da7 o March , 1971......., f...................................... . . before me, a....................... otary. ...public_ ._.....................................within and for said County personally appeared ...........Jack...0......Kirkham............................. a n d.:..............Marvin..C. Brunsell............. to me personally known, who, Heine each by me duly sworn............................_dial say that they are respectively the..................May..or.................. .......:.. xxxxxx'Xxx a zd the Acting City Manager........... o .. ;,............... f .........The. CIty...of...Fridley....... ..... ... ..... . .... .. ........................................ the q%p.Qry , on named in the foredoin.g instrument, and that the.seal n f.t�ed to said instrumelit is the corpora e shfjl corporation, and that said inStru711e7Zt was signed and sealed in behalf of said corporadii) -bg.a #71ai it' its_Rxxxjc � vj............_-City...Council .. ..............a-Ad 'said . ........................Jack...O....:X1 k..h4M.... n _.........,........q� and Marvin•-C.•.•Brunsell.. .•• ac1;n.�u�ledcsf•d said ' strunzent o be tit ew,ac} a deed of said ..................... corporation. .. . ... ... ................................ ....... a ..Votary Public ................................ ......... �CSvrciat�lo�'���Ap�. A, SEELY i�u , 1r' ic�`pexnoka Coun tY ,Minn.X7J corn.ntissio-n expires_....................... . o -in pires Npo..v.. 7 7 BOOK 905 FAuH 420 EXHIBIT "A" AGREEMENT BETWEEN PROPERTY OITNERS OF LOT '4, A.S.. #108 AND CITY OF F'RIDLEY ZOA #70-•06: SID BADER Southerly 1/2 of L. 4, A.S . #108 -Rezone from R-1 to R_3_ f-►V'. . . - - ...-,,; ��.•.; '4 - - fit Z -4 41e Ivo :♦ d f �'4 .7\.\;,j' .� n7 J ` o o V'; Co ai ��� i.0 7 �� w y iit .� (•7 I w v r. ,d`j `� �f r�� r-ion. � . �j "�I r ••1L-_.+.\ ,Io :L• s:.. �_� 0,o u r 417 J •� � F � j �. B a R i!'. moi. +� , I :o ''. �. �%r.. >If+�.�,.»......�.....'. j•'..�zi S. ra j A VD { � C`7 -� �� i i1zio) � �� ti',via •--- ------ - -- -� �`� � ii � �---- -- �.�,��«=, -�' -'� ,R ,, fart. 5•rtc"ErS ;�3:; ._; ! ! ego .Ni 79✓.�;��. . o =�^moi: ---- - - .. ! �--jcl Q • �. pp. �} v3o t •'9,�r a� _:�^='Y:1'r':•.;.��...-,";�"�.e•^::i.vrrou-c.-v ry •' I •�.�.,.y Z „ww......_......arwC,w-....K+�,.-"^,.,L�✓`y.KMw.A^""1-.'.'!^.t^1'!,�tlw_+_.--. ' - -- t Filed for record on the 19 day of Apr. A. D. 19'71 at 3 o'clock P. M, i alit • �:'.:x:�s�?gid. ✓� �rxd '�71X Zs 19 "i`S. 1.Ft'a.37C OFFICE OF REGISTER OF DEEDS STATE OF WPNESOTA, COUNTY OF fi.NOKA 11zer�`l;•r� err•t ;;/ f.,'•r irf ;it� rc..;,'r:!r: iiurh>7.p. mwmt was fI•l�xl i:r: iG.i.; o;f.;c for record on , at_ _c clr•c k __il., (XXJ r,xzs (71l y mfwrded in ------. ORDINANCE NO. 476 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The southerly one half (�) of Lot 4, Auditor's Subdivision #108, lying in Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota Is hereby designated to be in the Zoned District R-3 (general multiple family dwellings) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from Zoned District R-1 (single family dwellings) to R-3 (general multiple family dwellings). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH DAY OF MARCH, 1971. MAYOR - JACK O. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: February 8, 1971 First Reading: March 1, 1971 Second Reading: March 15, 1971 ' Publish. . . . . . . : March 24, 1971