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ZOA83-03 9 _ CITY of FRIDLEY, SUBJECT ZONING ACT IONZOA F 3—0 3 6431 UNIVERSITY AVE. NE. VACATION S # FRIDLEY, MN. 5543E (6121.571-3450 PLAT PS # ORDINANCE NO PUBLISHED ADDRESS 3 -3 `t 5 P71'.5si ss , t f /vL" DATE PLANNING COMMISSION: APPROVED DISAPPROVED DATE S NO. f CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ CITY COUNCIL: . APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME - FE 00 aEC IPT NO 9/Z;3 STREET LOCATION OF PROPERTY_ LEGAL DESCRIPTION OF PROPERTY - 0 - PRESENT ZONING CLASSIFICATION XISTING USE OF PROPERTY ACREAGE OF PROPERTY6*a!!, S, /': DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION q� OR TYPE OF USE AND IMPROVEMENT PROPOSED Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes_Lno. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat- ting) , must be attached to'this �pp1'ication. ' (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 proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1 . North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet) . The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. � � EDATE .� ADDRESS 00 - G-C�rc �- It TELEPHONE NO ( � - `��6 9e' �- hX N, A-4 - rg°` - �r¢ s ,� �z• art` �`. 'r� �,.- t�����'�'r � r�� as ' A-4,. ; .: pey ribi fin k�'•h-� 'fK at'` f i i4 R tY .ST.« Y r•a,,4 2 N �`p T%_�t�'a-��x 'X Y. 4�° ��� s .�sr€- � y o: �'� ;.-�� -r"� � s'-` ."y"'.2+k- a 3n`y.� rf• ,vXF- r `�� ►�' � 3.�ss]q �"�' ;Y". - j K,s >r SFS,�t��n,',, f•- T . 'S✓ ��* ` �' a� �}g��.'fit^ s��r �-`. ppi� t �4i._ k�x� tt.:✓� '� ' c t 's�Y�} �'�- .�"' ''�' 3,�' q�.��� "may"' v 7 .r # r{ t•$ Yc r i }� ,sR ~ ✓ a K k# t' SK`"§�'� •4< y 9 - e. s VIT, � fig.. '#rF 'S� .✓+�"` _'S� Yr � J"��,,��. t'kms &4x" r 32 iagRf Ui LVW i .... � '�� ��X"y,� � `�� X c �`e�,.� � # �C e�� �` 'k,�.�' may,•, _ puio All i ,.�`. 2i ` c� 8 t� '.�•',� � 'f` c su T7✓ saa `"` ' it, - } ✓ �.,^ k,� r :*h � Y�r tet'T �' r �LL �.,a �M^�Nt ✓ g'�5��k PUBLIC HEARING BEFORE THE PLANNING COMMISSION 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 Wednesday, May 18, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning request, ZOA #83-03, by L. Robert Erickson, to Rezone the West Half of Lot 4, and all of Lots 5, 6 and 7, Lucia Lane Addition, from R-1 (single family dwelling areas) to R-3 (general multiple family dwellings) to allow the construction of a 14-unit condominium complex, all in the North Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota Generally located between Highway #65 and Lucia Lane N.E. at 1133-1145 Mississi- ppi Street N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: May 4, 1983 May 11 , 1983 PUBLIC HEARING BEFORE THE CITY COUNCIL 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 Monday, July 11, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Rezoning request, ZOA #83-03, by L. Robert Erickson, to rezone the West Half of Lot 4, and all of Lots 5, 6 and 7, Lucia Lane Addition, from R-1 (single family dwelling areas) to R-3 (general multiple family dwellings) to allow the construction of a 14 unit condominium complex, all in the North Half of Section 13, T--30, R-24, City of Fridley, County of Anoka, Minnesota Generally located between Highway #65 and Lucia Lane N.E. at 1133-1145 Mississippi Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: June 15, 1983 June 22, 1983 Mine p .hhme.ota 56428 TCN FOC BAU urg 3612T CO C-4SON J Proposed J a. vL • $ z unit zs 3 � y i T i zs I Q MlCAiGGt PPI OT1266T AREA: 64.100 Square Feet Description: A11 of Lots 5, 6. 7, and the West 1/2 of Lot 4. LUCIA LANE ADDITION -- REGISTERED UNDER L ` 7601-73rd Avenue North 560.3093 Minneapolis,Minnesota 55428 0owgars �irrtifir> c ���Qlo?� was 7W' ETC" Foc2 c - t(lZo Gledjl(h e r 6 E 2T E 21 c tLso N cc. 636- �fl�Y cc l .._...__ -- —- 136.65-- -- - •-----•------ J r r� �D � ll I 1 `•h.w i proposed 4 i S ZUni1 euildtng a� Z sz r ill � I V I 6z c'* Bu;ld�ng 1 I j 4:7 z 6� Q - Building \ •-3fi a ai 4'7 M ISS ls5 t PP I 5T2EET ARU: 64,100 Sjuare Feet DId30hIPTI0N: A11 of Lots 5, 6, 7 and the West 1/2 of Lot 4, LUCIA LANE ADDITION 0 6 Z I - 4 ---------------------------------- Z ------------ ---------------- --- -- -�- ---------- ----------------------------------- L E I F- 3 4 M I S S 1551 P 1' ! 5TR FEET �'�'„ �`iL�- k/ L QTS zJ' � 1y ZOA #83-03 L. Robert Erick L � �a ------------I If h _ 31 hl U c m Wil: 731* ATIONA Y = a } ------------ -------F r710MY - r 7 N *a r70Nr Joe VT L' +ate is *f4t w a N - _yamof 24— S W �• '1*) •� x ON =04.0 oa- 21 "J ~ TvOg _ V � ' IP,k e 49'ON AVMH IH )i N11Ul l31r15� NQPStiN13(A.VOOM@ CJ r h - Com'+ -�• +� , �'.� \�h. 1 t 'OOV ONE 'a31 A13N11O0a6 1 a 684( 6b4c 6614 614 w ,� 17 1.1 s.�.y 6 `6734 frt 141!4 33O }- 14831 16830 /45 VoSAO `e216s'20 � �A .Lt AN ftA9! /tifd s i i taN� } i�'e) w 6ait 4 Ji • ` 2 (6 76 rano l 3c 41 Y� _ . ` � k lSc./✓.deist 27 41463 �E1 4 icr will 1051 106 ,.,. � � A� AY. a E. 6 /� 28 pa Y• W 111 44 �Tt�[rwiFv Y"� vow --- --- r co gw ,. -- - 41 f.06 40 66 S ` Z 6 Q `' t USS 414 i 0 � --- ---` ro20 3 (fad GGfafs l9 fw " 0, 05" tact 1(6600 �, LAZOWftv (8' fAMUIP iAnd44 / 63 24 i"4 ¢ .1. IT l ;;: '• .� i�33 4361 4S)15 f t ,9 to0! �o►s tot? 7 � 16 0 ; .vim - - -- _-- • - ------- i"S"L �- P THE MTNuTES OF THE FRIDLEY BOARD OF REVIEW MEETING OF MAY 2 1983 The City Council met as the Board of Review and the meeting was called to order at 7:08 P. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. BOLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None Mayor Nee stated the purpose of the Board of Review is to hear comments or questions from property owners regarding the values placed on their property. Mr. Leon Madsen, City Assessor, introduced the County Assessor, Mr. Gayle Leone and Mr. Aloyus Barck of the County Assessor's Office , who are required to be in attendance at this meeting. Mr. Madsen stated the Board of Review would hear comments regarding the 1983 values placed on properties for taxes payable in 1984. He stated the Board has the power to change any value within the legally described limits. Mr. Madsen stated, according to State law, at least 20% of properties in the City have to be inspected each year and this year the area was in School District No. 14 and the properties south of Mississippi Street. Mayor Nee stated, basically, what the Board of Review is to determine is whether or not the Assessor set his estimated market value at a correct level. He stated the City and County Assessor run sales ratio studies on a periodic basis, and they try to come within 95% of the estimated value. Mayor Nee stated last year Columbia Heights raised a point that the City was under assessing and an order was received to make an adjustment to equalize this within the County, therefore , about a 4% increase is reflected which includes the adjustments and takes into consideration normal inflation. The following persons spoke regarding the values placed on their properties. Mr. Arvid Krogsveen, 6711 Quincy Street, stated he is the owner of a lot on 71st Way and East River Road and felt the value of $16 ,000 placed on the lot was too high. Mr. Madsen stated this lot is 120 x 160 feet and by using a base or site value, a 80 x 125 foot lot in that area would be valued at $14, 000 and adjusting a larger lot, they arrive at a value of $18, 000 and this is reduced by 15% because it is vacant. ZOA #83-03 L. ROBERT ERICKSON STATE T2UNtL WIGNWAY NO. bs ------------------ � N i I ! I %-1 too i proposed ( fl s $ uni ' --- Su i Id nq .i j r � - 4 _ 1 V E I P Q 0 G b 5 E D -- — --- 90 - - - ---- LD G C O W - i .Y I -----• 190 - ...._.._..-. LUC 14 LANE M inneapo8a,M humota 56428 .TCN FoQ entwift 1�p 3E2T CO C 4GON J I Pro poetic! ' S Z Uni+ ►a 0 — 6UiId i Oq y �► IP Z sz > i 2S r Q3 ' -4` I � I v•o a, 0t � ,..:� i cad x 54- G4- '2* V MIasIGGI PPI aT2EET AREA: 64,100 Square Feet Description: A11 of Lots S, 6, 7, and the West 1/2 of Lot 4, LUCIA LANE ADDITION 8 Planning Commission 5/5/83 City Council —6 —/-3 —/ MAILING LIST ZOA #83-03, L. Robert Erickson L.'' Robeft Erickson Mr. & Mrs. Russell Burris Mr. & Mrs. Robert Bystram 85 3rd Avenue S.E. 1027 Mississippi St. 6533 Lucia Lane New Brighton, Mn 55112 Fridley, MN 55432 Fridley, MN 55432 S. T: Herschi and L.A. Helen Vagovich Mr. & Mrs. Jackie Young Ziebell 1200 Mississippi St. 6549 Lucia Lane 6451 Taylor NE. Fridley, MN 55432 Fridley, MN 55432 Fridley, Mn 55432 Mr. & Mrs. Joe Randall Mr. & Mrs. Mearl Crosser Mr. & Mrs. Loren Johnson 1210 Mississippi St. 6565 Lucia Lane 6489 Taylor Street N. E. Fridley, MN 55432 Fridley, MN 55432 Fridley, Mn 55432 Mr. & Mrs. Richard Lekang Mr. & Mrs. Richard Erickson Mr. & Mrs. Delbert Harris 6517 Pierce St. 6581 Lucia Lane 6542 Brookview Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Henry Melcher Mr. & Mrs. Edward Lancello Mr. & Mrs. Elton Bolduan 6500 Pierce St. 6597 Lucia Lane 6554 Brookview Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Richard Lynn Irene Haedtke Phyllis M. Kachina 6516 Pierce St. 6540 Lucia Lane 6476 Dellwood Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Wayne Hitchcock Mr. & Mrs. Terrance Daun Mr. & Mrs. Neil Stuber 6532 Pierce St. 6546 Lucia Lane 6452 Dellwood Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Vernon Brewers Paul Johnson Mr. & Mrs. Ernest Vanaugh 6548 Pierce St. 6546 Lucia Lane 6449 Dellwood Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lilo Wye- Mr. & Mrs. Robert Skyhawk Mr. & Mrs. Dean Thomas Mr. &-Mrs. _A Ask 6580 Pierce St. 6550 Lucia Lane 6440 Dellwood Drive Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Emmett Raaen June Johnson Mr. & Mrs. Walter Leimgruber 6501 Lucia Lane 6600 Lucia Lane 1027 Mississippi St. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Clarence Timo Mr. & Mrs. Darrel Goerdt Mr. & Mrs. Eugene Lane 6517 Lucia Lane 6610 Lucia Lane 1132 Mississippi St. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. David Dayton Mr. & Mrs. Richard Tollefson Richard Schwalbach 6435 Hwy. 65 6473 Taylor St. 6501 Pierce St. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Alvin Berg 6533 Pierce St. Fridley, MN 55432 /AfkIA CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 July 14, 1983 TO WHOM IT MAY CONCERN: We wish to inform you that the City Council has continued the Public Hearing on a rezoning request, ZOA #83-03, by L. Robert Erickson, to rezone from R-1 to R-3, lots in Llacia Lane Addition for a 14-unit condominium, the same being 1135-1145 Mississippi Street N.E. , to July 25, 1983, at 7:30 P.M. Anyone wishing to be heard may be heard at the above time and place. WILLIAM J. NEE MAYOR 1J r 1 � 6600 Lucia Lane Fridley 55432 May 17, 1983 Planning & Zoning Commission City of Fridley 6431 University Ave. N. E. Fridley, MN 55432 Gentlemen: Inasmuch as I cannot attend your meeting tonight, with reference to the property at Mississippi and Highway 65, I would like to express my thoughts on the matter. Lucia Lane has been zoned for single family homes for many years with the -Exception of the apartments on the north end of the Lane. I do not feel it to be proper to have a multiple dwelling of the size proposed for the corner property. I feel there would be too much disruption of traffic because of the entryway on Mississippi. Traffic going in either direction would be hampered by the cars going into or out of the lot. I purchased this home in the belief that this would remain a single-family area and would like it to remain so so that my property values will not be affected. We have a lot of extra traffic from the apartments and the KC Hall at the north end. Very t PLIYIyours, ?%ummne H. hn (Mrs.) June 10, 1983 It was said, near the end of the Planning Commission hearing on May 19, 1983,in regard to Erickson building condominiums on Johnson Bros. R1 lots, that something has to be done with that property. I went home and thought about that statement and I think he was right. Would it be wrong if we homeowners propose that Mr. Johnson build 3 houses on this property and settle this issue once and for all. Wouldn' t it be better to satisfy 260 homeowners who have a concern about this R1 property and who are concerned about Fridley and how it looks. Or do we have to continue to fight to protect our rights as homeowners who are concerned about what is built on R1 property that affects all of us in the area. We realize that Mr. Johnson paid taxes on this property for many years but, if he wanted to protect his investment in these 3 lots, houses should have been built on this property a long time ago. All of us homeowners also pay taxes which have increased considerably over the years. When I bought my home in 1952, taxes were $132.00 a year. Now taxes have increased to $1,475.00 a year. All of us homeowners in the area- are concerned and want homes built on this R1 property as it is so zoned. We think that if Mr. Johnson cannot realize the profit he expected to make on this property, this is not our fault. He bought Rl property and R1 means that only homes are to be built on the property. RUSSELL L. BURRIS 1150 Mississippi St. , NE Fridley, Mn. 55432 s �2 t ^ 44 exg r 4 } ! ivy, .t `'`y a� °r r` "i'Z "t s 3` $y j -u. a^r F Y' `�.`� �d. y i i=•. s g ,qAlt`L � t { �f� F!, _� s s� � �� � o � �•R.�'��?t,w ��, k �:7 �'r�F� arc > � ! $P F �" :. b '' a�`� s �-. n .v "f•F ".,dri - 3 .: 'rz` ':s -. sv, ' c- a Z � �Ur h° '�^*u •r t ? r' ,.�^, �•a i� s r �t" �t�,� � \ ��S aa++** PI Vlift.4- '`4't � e h h i.� t yt ni'•:. Z f""� � ^ � y r 1 <+' ^ -q. .Q. �' -. Y �':,'� u� s �� 'rs r' � •s $, � T"'�� v��'� � k �t�� �%fir � �". e,,y.v FJ;,Y �ry,��''� �r �`. �p �•a ', � '`y `4 rrF�tt d „7� F ��„� ,�.�jy k �€ �+�4 , e�2(p� ul kl R �3[G{ 'Y qw. b' h kkkk M x 1 S 3 4 x ��Ix� s���4 k ., k• 54 ,p�ID4 ,y�,� r p��w',..� s..^ �ry,•�'4tk4" rt � �s• � r �" r� �_�S�� a^ w.. f'r �,,, sir �; „� � SY r� .��:^tti ��y': s� ���� k �� k :: a g�yti a � - �, ,� � c` .}L �. A•:�9 .�s- '#' .i_: i^ � " �$?o t �• rQ N� '){ ham:, i"�A},,'pk v �' ,y�� rt1'r "F} qi {' I t '"1 are, � � .sr<.�$ yE `"• ,•�:. � � i �#t a.._:t � �� ,�$ uP AOR �._4� F� � a s� - t z � `�" *,�+.+Tt'4 '� � tt'• - *' atm{ � -x51; r� ""`y` � i n � JY k ,�$•�'r ii t t 1� _�y�,`��f � z ��r y,A r��"F t 2 �,1 rt_ _a� .Z�'�,,.�. �x Ch'�-� _y f r^ _Ni +�aII' 4-47""Ve k1� � q .. � k„k 3�g�•f � "a 4 'V-�y �'�S �t R�y T i, 3 .g'Py�•4 +• s,a ^,.p ,U z�, i x� g r � '�# � "� + t�.c 4 � '� T RaC• I�� �,. i p��� k(y'' S 5„ p ?:- _,1fY;Yr_^..., _.��_� z �_'� _ .._�._:.i�� -r..,.,' �3_zr_ .tee_ �_ ....��.-w_..y,`Lsc.m".r :.tt.,.s.... .;..� •.� �,. 'r4•" LAW OFFICES SMITH, JUSTEE, FEIHEMA, MALMON & HASKVITZ CHARTERED WYMAN SMITH SUITE 1250 LEONARD T.JUSTER BUILDERS EXCHANGE BUILDING HENRY H. FEIKEMA MINNEAPOLIS,MINNESOTA 5S402 ALVIN S. MALMON TELEPHONE (612) 338-1461 RONALD L.HASKVITZ CARL J. NEWOUIST FRIDLEY OFFICE MARK E.HAGGERTY 6441 UNIVERSITY AVENUE,N.E. JOHN M.GIBLIN FRIDLEY,MINNESOTA 55432 J.CHRISTOPHER CUNEO TELEPHONE(612) 571-6670 1 ASSOCIATES B.WILLIAM EKSTRUM STACEY A.DEKALB July 25, 1983 JAMES W. HOESCHLER Mr. John Flora Fridley City Hall 6431 University Avenue N. E. Fridley, Minnesota 55432 Re: Rezoning request ZOA No. 83-03 by L. Robert Erickson Dear Mr. Flora: I am again asking for a continuation of the City Council 's public hearing in regard to the above mentioned rezoning. Last Thursday I met with a number of the neighbors along Lucille Lane and Councilman Sneider. I proposed a number of new layouts for the property in question including the one that you inserted in the City Council 's agenda for the July 25, 1983 meeting. It is apparent to me that the neighbors will object to any and all density that exceeds eight units. Their concern is traffic and safety. It is for that reason that I request that the matter be continued until we can submit a new layout for the property which incorporates the suggestions made by the neighbors and would reduce the zoning request from an R-3 to a combination R-1/R-2. I would request that the hearing be continued to August 8, 1983. In the alternative, if the Council feels that they must act on the rezoning request I would then move to have the entire rezoning request stricken before a vote is taken. It would be my hope that the six month waiting period would be waived due to the fact that the matter had been stricken before a final vote was taken. If this alternative was chosen, Mr. Erickson or Mr. Johnson would present a new proposal and go through the full planning commission city council procedure again incorporating the suggestions made by the neighbors. Your patience and consideration as well as that of the council 's is greatly appreciated in regard to this matter. Yours truly, AlIr eMarkgg y MH/cv f TN< CITY OF DIRECTORATEo0 OF °d o -W MEMORANDUM PUBLIC WORKS FRI L Y DATE July 15, 1983 FROM D-PW. John G Flora TO ACTION INFO. SUBJECT Rezoning on Corner of Mississippi Nasim M. Qureshi, City Manager Street and Highway X65 In response to Councilman Schneider's memorandum dated July 13, 1983, subject as above. The Erickson rezoning parcel contains 64,100 square feet. Taking of a 20 foot street and utility easement along Mississippi Street reduces this area to 58,655 square feet. This taking is necessary to allow improvement of the Highway X65 Intersection by providing turning lanes and improved traffic flow. The parcel in question consists of 311 lots. The table below provides a comparison of possible dwelling units in accordance with our minimum zoning code requirements. ZONE CRITERIA DWELLING UNITS R1 1/ 9,000 7 R2 IL101000 12 R3 1/ 2,500 25 We have renotified all properties within the rezoning area of the continued Public Hearing on July 25, 1983, before the City Council. JGF/mc tiEGISTERED UN M-1-- 7601-73rd Avenue North 5604093 wnneapoL*Illnoeiota$5428 Bumgnftftno ���Q to?*I- was l ETCVA F'O CZ m� � �lzo ded��.N e r gEQT ECZICILSOW cc. Yfy 61/3 (5 636- W6 y CG Xeut;.1y 40a ll 1per4, i T 113 � ..-..-- -- —- 136.65•- -- ------••--•u--. � /�J /�j 0 I oro por ed16 i 2 Uni} building a' GZ r ! ......... l36.t ....... N (.7. Build it g 47 1 r� C I\; Pro po"d I^ I Building c 4'1 r � ---- ------ t --- ZIZ.7rp — -- — S'TlI�ET-- A.-45;V, trr- MISSI� IPPI GTLZEET AhU: 64,10G Square Feet u:•,S:hIP7ION: A11 of Lots 5. 6, 7 and the West 1/2 of Lot 4, LUCIA LAh-i AD�"I'.ION STATE TRV N V.., 01614 WAY NO. 66 i O � _ UN -- - -- - F^ Zo -- ( I a (210 I m C?1 U N �ry 1 c 14 E _3 d 7 • = d/on 7 � \ v 0 06/f +ia \ � o In e I t VA J • I \ W M r061 Je j i............... �. N In �c O �° O I'D {• 1 t •q Ito 9dX) CITY of FRZDLEY MEMORANDUM TO: NASIM WRESHI, CITY MANAGER FROM: DENNIS SCHNEIDER, COUNCIIm - MRD II SUBJECT: REZONING ON CORNER OF MISSISSIPPI AND HIGHWM 65 DATE: JULY 13, 1983 I would appreciate it if you could supply me with the total square footage of the property in question as well as the requirements with regard to easements, etc. What I am trying to determine is the maximum number of single family units that could be built on the property per our ordinances and per the practicality of providing access. I would also be interested in the maximum number of duplex units that could be built on the property based on those same criteria. X I'd appreciate it if you could renotif these people by mail within the notification area of the continuation of the Public Hearing to the 25th. Once Mark Haggerty has his neighborhood meeting, I will doubtless be back in touch with you for further information. I should indicate to you that unless there is a substa tial reduction An densi rp oposed by Mark or some other highly creative arrangement, I am very ��i'ffiTce y �suppor �Fe rezoning request. Zhank you for your help. I would appreciate any comments or suggestions you may have. cc: John F 1/1 LAW OFFICES SMITH, cJUSTEE, FEIKEMA, MALMON BC HASKVITZ WYMAN SMITH CHARTERED SUITE 1250 LEONARD T. JUSTER BUILDERS EXCHANGE BUILDING HENRY H. FEIKEMA MINNEAPOLIS,MINNESOTA SS402 ALVIN S. MALMON TELEPHONE<612) 339-1481 RONALD L.HASKVITZ CARL J. NEWOUIST FRIDLEY OFFICE MARK E.HAGGERTY 6441 UNIVERSITY AVENUE,N.E. JOHN M.GIBLIN FRIDLEY,MINNESOTA SS432 J.CHRISTOPHER CUNEO TELEPHONE(612) 371-6870 ASSOCIATES B.WILLIAM EKSTRUM STACEY A.DEKALB July 25, 1983 JAMES W. HOESCHLER Mr. John Flora Fridley City Hall 6431 University Avenue N. E. Fridley, Minnesota 55432 Re: Rezoning request ZOA No. 83-03 by L. Robert Erickson Dear Mr. Flora: I am again asking for a continuation of the City Council 's public hearing in regard to the above mentioned rezoning. Last Thursday I met with a number of the neighbors along Lucille Lane and Councilman Sneider. I proposed a number of new layouts for the property in question including the one that you inserted in the City Council ' s agenda for the July 25, 1983 meeting. It is apparent to me that the neighbors will object to any and all density that exceeds eight units. Their concern is traffic and safety. It is for that reason that I request that the matter be continued until we can submit a new layout for the property which incorporates the suggestions made by the neighbors and would reduce the zoning request from an R-3 to a combination R-1/R-2. I would request that the hearing be continued to August 8, 1983. In the alternative, if the Council feels that they must act on the rezoning request I would then move to have the entire rezoning request stricken before a vote is taken. It would be my hope that the six month waiting period would be waived due to the fact that the matter had been stricken before a final vote was taken. If this alternative was chosen, Mr. Erickson or Mr. Johnson would present a new proposal and go through the full planning commission city council procedure again incorporating the suggestions made by the neighbors. Your patience and consideration as well as that of the council 's is greatly appreciated in regard to this matter. Yours truly, Ave",ragge Mark iy ;�� MH/cv i CITJ OF FRICILEY. �+ 8439 UNIVERSITY AVE. NE. COMMISSION APPLICATION FRIDLEY, MN. 5543e REVIEW Deportment/Dtv(sim Number 13 Rev Page Approved by r FILE NO., ADDRESS L�r,� sOh FILE DATE COMPLETE REVIEW CHECKLIST ZO/9 93 -03 [� Z/ �3 RETURN TO PLANNING Rez©"e '7 A4A?57- DUE DAT r2 oy Hol Gec,' Z.—I /�• y 27 j 4, - COMMENTS e?4� 1 f-`fle!J LNDarrel iel�e��tlex' ,' 711r !�Lf'C V'w/a"C,e , ',1 � x f- «55 Mark .John Leon f-1 t.'e Nit Oder 7-W /s. 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Ref se P i ck u location rear d. side screened from row ---T�-- oadtn—Pict it Locataion- rear yd.; stoe yC. iT screened - T�ternalTraff'lc Pattern TTa�(ic3iyr jNecessary Lencscaptng wants (SEE PIAN) grd cver. jp_ n9_._system other water Greening rooms equ,", . outside�Sttoorra e ark n lot oadtn area re use vision safety t rtin not disrup Live 18 May 1983 1 K PETITION 1�43R DENIAL (ZOA #83-0321-AND 0PJFCTION3 TO REZONING REQUEST TO: CITY 07 F'RIDLEf PLANNING UJ'A_NIISSION AND CITY COUNCIL: We, as residents of the City of Fridley, Minnesota, do hereby protest the zoning request described i,i ZOA #63-03, for the follo-wing reasons: 1. �u bject re-zoning aDDlicatiun is a request for SPOT zoning; that is to say, the placing of general multiple dwellings (x-3) right in the mi�+die of as home- owners and citizens of Fridlev, totally surrounded by residential single-family lots zoned as R-1 (single family dwelling units). 2. TRAFFIC P'Z03LE43 AND HAZARDS: (a) The Knights of Columbus Hallt at the North end of Lucia Lane has a number of functions going on at all tines,yand all vehicles returning from these functions as well as those from the Lucia Lane Aoartment comolex are routed South on Lucia Lane (there being no exit at the North end) to meet all traffic travelling east and West on HississiDDi Street, already known for its congestion problems at this point. (b) The Highway 465 and Mli ssissiDDi Street intersection already has a history of many serious (and some fatal) accidents at this corner. Think what a greater hazard would be created if increased traffic attempting to make a left turn from the -.vest onto the nr000sed site would collide with traffic Poing Westerly trying to race for the green light at the intersection of Highway -*65 and Iississioni Street! Also, there is the danger of rear-ending by traffic headed in an Easterly direction for the same reasons! (c) The driveway area within the or000sed complex would be like a huge narking lot, with possibly not enough room to safely accomodate un to 28 vehicles (assuni.ng an average of 2 veh;.cles/cars Der living unit). Traffic movement within the area would nose dangers to residents, especially small children! (d) Meavy traffic, `_'low on all three' sides of the proposed site would definitely Dose a safety hazard to children whose play areas would be adjacent to the trafic. 3. nEPIECIATION OF 30.E VALUE'S: (a) Loss of beautiful trees would destroy forever the aesthetic quality of the area, where otherwise would be built three beautiful single-family homes among the trees to remain compatible with surrounding residences. (b) Duplexes and nultiDle dwelling units are not as carefully maintained in general as are single family hones and lawns, as is demonstrated by an examination of existing structures in Fridley and surrounding communities. 4. BURDEN ON IHOHEO`RR EIS: (a) Sewer and water mains .are not equiDoed to handle such a large increase in population in such a shall area; already a sewer back-uo orobl.em exists at the intersection. '!alti-units would create exoensive replacement costs of *water and sewage mains plus maintenance thereof. 5. increased density would not be consistent with urban and city planning which is designed to orotect the cra aiity of residential life. 6. 'de all bought o,ir homes with the knowledge that this land is zoned R-1 (single family dwellings), and as has been stated in an earlier petition (sip,zed by more than 250 area residents), we still want the area to ?EMAIN R-1. /J� 1L May 18, 1983 ' Objections to proposed buildings to be contructed on the lot bordered by Lucia Lane and Mississippi Sts. , and Highway 65. 1. Spot Zoning 2. Traffic congestion - exit on Mississippi St. would be hazardous. I have a hard time getting out of my driveway now! 3. Good or poor construction and cost per unit rental or homeowner. 4. Sewer problems - Burris and Lane are on dead end sewer line. City has to back flush this from time to time to keep sewer line open. A separate direct sewer line to Lucia Lane is a MUST for which we homeowners would be assessed on our taxes.. 5. What would prevent an investor from buying a unit and renting this out. 6. Garbage pickup - where would cans be placed. 7. 14 units probably would mean up to 28 cars. How many children. 8. Back of condo would face Lucia Lane which would not enhance the neighborhood. That would also mean children playing in backyard and running out on Lucia Lane St. A few years back, the City of Fridley hired a reputable zoning company, and paid good money for them to rezone Fridley. Said company confirmed the original findings of R1 and recommended that this should remain as such, i.e. R1. Mr. Johnson purchased this property as R1 some twenty years ago and had ample time to develop this as it was so zoned. Why did Mr. Johnson hold this property this long. Could it have been his intention to hold this property until values went up and then try to rezone for a higher profit at the expense of all the homeowners in the area. I know what this property sold for originally and I know that three resi- dential houses could be built on this property and Mr. Johnson could still realize a proper profit on his original investment. It has been the consensus of the homeowners surrounding this property that three nice residential houses could be built on this property. This would then solve the problem once and for all. We homeowners would be happy to see that this area be developed as it should, according to the regulations and requirements of the zoning commission. RUSSELL L. BURRIS 1150 Mississippi St. NE Fridley, Mn. 55432 1B 4 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 18, 1983 CALL TO ORDER: Chairwoman Schnabel called the May 16, 1983, Plan ng Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr, uist, Ms. Gabel , Mr. Saba, Mr. Kondrick, Mr. Nielson (for. r. Svandal Members Absent: Brian Goods ed Others Present: Bill D on, Associate Planner L. R ert Erickson, 85 - 3rd Ave. S.E. , New Brighton M aret A. Seger, 1401 - 73rd Ave. N.E. e attached list APPROVAL OF Y 4 1983 PLANNING COMMISSION MINUTES: MO'T'ION B MR. KONDRICK, SECONDED BY MR. OQUIST, TO APPROVE THE MAY 4, 1983, PLANNI COMMISSION MINUTES AS WRITTEN. UP0 A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION C IED UNANIMOUSLY. 1 . PUBLIC HEARING: REZONING REQUEST, Z 83- L. ROBERT ERICKSON• Rezone the West Half of Lot 4, and—all and—allof Lots 5, 6 an e Addition, from R-1 (single family dwelling areas) to R-3 (general multiple family dwellings) to allow the construction of a 14-uni-t condominium project, the same being 1133-1145 Mississippi Street N.E. MOTION BY MR. SABA, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON ZOA 083-03 BY L. ROBERT ERICKSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 736 P.M. Mr. Deblon stated the property is located on the corner of Mississippi St. and TH 65, west of Lucia Lane. The proposal is for a rezoning from R-1 to R-3, and would consist of a condominium development where the occupants form an association and own the land jointly. The proposal is for three twin homes combined with an eight-unit carriage-manor type home. Mr. Deblon stated the project has been moved over to the west away from Lucia lane with access onto Mississippi because of the developer's sensitivity to the existing single family residences. 1C PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 2 Ms. Gabel asked if the project met all the setback requirements. Mr. Deblon stated a variance from 35 feet to 25 feet would be needed on the north property line. Mr. Deblon stated the plan meets all the parking requirements, and there is the potential to make visitor parking. Mr. Deblon stated that condominiums can be dissolved and the properties sold individually in the future, so Staff had to take into consideration the possi- bility of the properties being split without further variances. With the new zero lot line subdivision regulation,some of the double bungalow units could go zero lot line as a twin home. This has been allowed in Fridley in the past. This plan does meet most of the requirements for a possible subdivision in the future. Mr. Deblon made the following additional comments on the proposal . 1 . A variance is required from 35' to 25' on the north property line. 2. Fencing and landscaping is required for district separation. 3. Drainage plan is required (Rice Creek Watershed District has to approve this drainage plan). 4. Concrete curbing and blacktop per standard code requirements 5. Will need an additional 20 foot easement for bikeway/walkway ,roadway. 6. Engineering Department has a concern about the location of the access onto Mississippi St. in relationship to the access onto Highway 65. The distance is only 160 feet. With the County's plans for widening Mississippi for a right turn lane and the number of cars already existing on Mississippi , Engineering was very concerned that there could be congestion and some problems. Mr. Deblon stated there are some rather deep lots north of this property. He did not know if any of the owners of these lots had any plans for subdivision. He stated there is enough square footage to divide, but they would not be very optimum lots because of the traffic on Highway 65; however, the City has to consider any future access to these lots. It was a judgement call that might have to be determined as to whether these lots would ever be split. Ms. Schnabel asked where the garages were located and which way the buildings would face. The petitioner, Mr. Erickson stated the garages were located in the inner court. The rear elevation and backyards will face Lucia Lane. The rear elevation will have a deck and patio door on the upper level one-half flight up. Ms. Schnabel asked if Mr. Erickson had built any of these types of dwellings in the metropolitan area. Mr. Erickson stated he has built in Coon Rapids, Eden Prairie, New Hope, and Brooklyn Park. 1D PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 3 Ms. Schnabel asked that of the buildings he has built,were any of them rental units? Mr. Erickson stated that since 1980, he has built only owner-occupied. All these units will be owner-occupied and will be FHA/VA approved. Ms. Schnabel asked the approximate price of the units. Mr. Erickson stated the twin homes will run in the mid-60's with the double bungalows being just under that. Ms. Schnabel asked what type of screening Mr. Erickson would use between this property and the R-1 properties. Mr. Erickson stated he was thinking of wooden fencing; however, because the lot is so heavily wooded, it was hard to decide what to do for landscaping. He stated he would save every tree he could. Mr. Saba asked why the rear of the double bungalows would face Lucia Lane. Mr. Erickson stated there were two reasons for this: (1 ) He wanted to keep the project centralized so everyone could use the same road for snow plowing and other maintenance; and (2) the biggest complaint from the neighborhood seemed to be to not put any more traffic on Lucia Lane. By facing the buildings in, this kept the traffic off Lucia Lane. Ms. Schnabel stated she was a little bit concerned about the plainness of the rear of the buildings facing Lucia Lane when all the rest of the homes on Lucia Lane are facing front. It seemed inconsistent with the neighborhood, yet she understood what Mr. Erickson was saying in terms of traffic. Mr. Erickson stated this is not inconsistent in condo developments. A numher of condo developments are done this way. Mr. Saba asked Mr. Erickson if he would consider turning the buildings around to face Lucia Lane. Mr. Erickson stated he would consider turning the buildings around; however, because of the heavily wooded area, he did not think the buildings could be seen that well from Lucia Lane anyway. If the buildings were turned around, a lot of trees would be lost because of the driveways. Ms. Schnabel asked for questions and concerns from the people in the audience. Mr. Russell Burris , 1150 Mississippi St., stated he would like to submit to the Planning Commission a copy of his objections. He reviewed it for the Commission: 1 . Spot zoning. 2. Traffic congestion - exit on Mississippi St. would be hazardous. 3. Good or poor construction and cost per unit rental or homeowner. 4. Sewer problems - Burris and Lane are on dead end sewer line. City has to backflush this from time to time to keep sewer line open. A separate sewer line to Lucia Lane is a must for which the homeowners would be assessed on their faxes. 1E PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 4 5. What would prevent an investor from buying a unit and renting it out? 6. Garbage pickup - where would cans be placed? 7. 14 units probably would mean up to 28 cars. How many children? 8. Back of condo faces Lucia Lane which would not enhance the neighborhood. That would also mean children playing in backyard and running out on Lucia Lane. Mr. Burris stated that a few years back, the City of Fridley hired a reputable zoning company, and paid good money for them to rezone Fridley. Said company conformed the original findings of R-1 and recommended this property remain R-1 . Mr. Burris stated it has been the concensus of the homeowners surrounding this property that three nice residential homes could be built on the property. This would then solve the problem once and for all . The homeowners would like to see this area developed as it should, according to the regulations and requirements of the zoning commission. Ms. Schnabel read the following letter from June Johnson, 6600 Lucia Lane: "Inasmuch as I cannot attend your meeting tonight with reference to the property on Mississippi and Highway 65, I would like to express my thoughts on the matter. Lucia Lane has been zoned for single family homes for many years with the exception of the apartments on the north end of the Lane. I do not feel it to be proper to have a multiple dwelling of the size proposed for the corner property. I feel there would be too much disrup- tion of traffic because of the entryway on Mississippi. Traffic going in either direction will be hampered by the cars going into or out of the lot. I purchased this home with the belief that this would remain a single family area, and I would like to have it remain so so that my property values will not he affected. We have a lot of extra traffic from the apartments and the Knights of Columbus Hall at the north end." Mr. Clarence Timo, 6517 Lucia Lane, presented a written petition for denial and objection to the rezoning request. He stated his objections were essentially the same as those expressed by Mr. Burris. 1 . Spot rezoning 2. Traffic problems and hazards a. Traffic from KC Hall and apartments to the north already cause congestion. b. Highway 65 and Mississippi St. intersection already has a history of many serious (and some fatal ) accidents. c. The driveway area within the complex would be like a huge parking lot, with possibly not enough room to safely accommodate up to 28 vehicles. Traffic movement within the area would pose dangers to residents and small children. d. Heavy traffic flow on all three sides of the proposed site would definitely pose a safety hazard to children whose play areas would be adjacent to the traffic. 1F PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 5 3. Depreciation of home values a. Loss of beautiful trees b. Duplexes and multiple dwellings are not as carefully maintained in general as single family homes. 4. Burden on homeowners a. Sewer and water mains are not equipped to handle such a large increase in population in such a small area. A sewer back-up problem already exists. 5. Increased density would not be consistent with urban and city planning which is designed to protect the quality of residential life. 6. Residents bought homes with the knowledge this property was zoned R-1 , and they want the area to remain R-1 . Ms. Bystram, 6533 Lucia Lane, stated her concern was with off-street parking. Besides the 14 units with possibly two cars for each unit, there are also going to be guests. Sometimes it is easier to park on the street, and the only place to park would be on Lucia Lane. With the apartments north on Lucia, there is ample parking, but still there are cars parking on the street. That had to be stopped with "no parking" signs in front of the homes. Ms. Schnabel asked if there was guest parking within the interior of the development. Mr. Deblon stated that according to the first draft plan, there is no guest parking, but some areas have been discussed for guest parking. Ms. Irene Haedtke, 6540 Lucia Lane, stated she would be very unhappy if she was "boxed" in by this development. There are beautiful trees on this lot, and in looking at the drawing of the development, she knew there would not be one oak tree left on that lot. Single family homes would be fine, because some of the trees could be saved. For ecology reasons, she did not think the development was feasible. Mr. Eugene Lane, 1132 Mississippi St. , stated he has lived in Fridley for 32 years. In the morning between the hours of 6:00 and 9:00 and between 4:00 and 7:00 in the afternoon, the intersection at Mississippi and Highway 65 is very busy. It is not feasible to put that much additional new traffic onto Mississippi . Mr. Henry Melcher, 6500 Pierce St. , stated he would like to reinforce what the residents have already said. At 7:00 a.m, he has trouble making a left hand turn onto Mississippi. At 3:00-5:00 p.m. , the cars are backed up past Lucia Lane past his house to get through the Mississippi/Highway 65 intersection. Mr. Timo had talked about the great number of accidents at this intersection, and Mr. Melcher stated this could be reinforced by looking at the police reports. Mr. Melcher stated he and his wife paced this area off, and if this development went into this area, there would virtually not be any oak trees left on the lot. He stated this is also too high a density to put into this area. 1G PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 6 Mr. Cory Bystram, 6533 Lucia Lane, stated his house would be facing the back end of the two double bungalows. He stated he has been delivering papers for six years, and he knows a little about what people leave in their back yards. He did not think they should have to look at these back yards and what might be left there. If there is only one garage for each unit, where are people going to store their lawn mowers, equipment, bicycles, and other things people usually store in a garage? Mr. Joe Randall , 1210 Mississippi St. , stated his family was involved in an acci- dent at the intersection of Mississippi and Highway 65. He stated he rides the bus and has a difficult time crossing Highway 65 to catch the bus. It is a highly congested area. The oak trees are fantastic. He would like to see this area stay zoned residential as the zoning commission originally said. Ms. Bystram, 6533 Lucia Lane, stated that in hearing the price range of the condo units, there is likely to be a lot of families with small children. She did not see any additional planning for play areas for these children. Mr. Dean Thomas, 6550 Lucia Lane, stated he also agreed with everything that has been said. He would be very unhappy to see this development. It is too many people in too small an area, and they would lose the beautiful trees. Mr. Darrel Goerdt, 6610 Lucia Lane, stated earlier in the meeting Mr. Deblon had mentioned the deep lots and whether any of the owners of these lots would consider subdividing their lots in the future. He stated he bought his lot because it is a deep lot, and he would never consider subdividing it. Mr. Erickson stated that some of the remarks he had heard seem to imply that second class citizens will be going into this development. He disagreed 100%. There will be a homeowners' association which has very rigid rules, so there will not be any trashy back yards. The maintenance is all hired out and none of the owners have any responsibility for the upkeep. Ms. Gabel stated she agreed with Mr. Erickson. It has been her experience that homeowners ' associations do a very good job in maintaining a condo project. She also agreed with the comment that with the price range, these units will probably be first family homes and starter homes, and there probably would be a lot of children. She thought the idea of a play area should be considered in the project. Mr. Erickson stated he would be paying a large park fee and he felt that was adequate. He thought the bulk of the buyers will be empty nesters, retired people. This is based on the flow of buyers that are turning up in the different condo projects around the metropolitan area--Apple Valley, Eden Prairie, North Oaks, Coon Rapids. Ms. Joyce Swanson, 6601 Lucia Lane, stated this was all pure speculation, and they really do not know who will move into these units. This is an R-1 zoning, and there will be a density problem, traffic problems, and sewer and water problems. There will be no oak trees. There will be children. There will be parking on Lucia Lane, and people will be walking through back yards. 1N PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 7 Ms. Bystram stated that at this point, she thought they had to be realistic and maybe there needs to be some kind of balance. If this property was rezoned to R-3, was there any possibility of the developer reducing the number of units? She would like to see this as an option. Ms. Schnabel asked Mr. Erickson if he mould consider reducing the number of units. Mr. Erickson stated he would not. MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING ON ZOA ##83-03 BY L. ROBERT ERICKSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:20 P.M. Mr. Saba stated that one of the main objections expressed by the citizens was the sewer problem. Was there really a sewer problem? Mr. Deblon stated that was a question that would have to be answered by the Engineering Department. Engineering had not expressed any concern regarding this proposal . Routine maintenance is being done continually on the sewer system. He stated he would check the record to see if there would be a problem as far as capacity and get this information back to the Planning Commission or the City Council . Ms. Schnabel stated the sewer problem should definitely be checked with Engineering. Also, no matter what development eventually goes on this lot, something else that should be checked with Engineering is what the County's intention is in terms of a right turn lane. Ms. Gabel stated she had to speak against the rezoning. She felt it was a spot rezoning. The zoning is inconsistent with the neighborhood and the planning done over the years. She was also concerned with the sewer, and they needed more information about it. The traffic problems are obvious, but the biggest problem she had with it was the spot rezoning. Mr. Oquist stated he agreed with Ms. Gabel . It was spot rezoning; however, some- thing will be done with this property, and he did not think anyone would be putting in single family homes. He was also concerned about the traffic. Mr. Kondrick stated it would be great to be able to leave that property vacant; however, they have to consider the overall good of the community. Housing is needed in the City. He liked the set-up of the homeowners' association. He also could not imagine anyone wanting to live in a single family home on this corner. He agreed that it was spot rezoning, but his main concern was the traffic. Mr. Saba stated he did not have as many objections with the spot rezoning, because he felt it would never be developed as R-1 . He had a problem with the density. He would rather see the double bungalows facing Lucia Lane, and he would prefer to see two more double bungalows instead of the carriage-type homes. . t lI PLANNING COMMISSION MEETING, MAY 18, 1983 PAGE 8 Mr. Oquist stated the other side of the issue is that the City needs to provide what is called "affordable housing", and this is affordable housing. Ms. Schnabel stated she was concerned about the density. She felt it was more units than she would like to see go into this area. She, too,shared the concern about spot rezoning, but also did not see single family homes ever going in there. Mr. Saba stated he liked the concept despite the objections. He could see a development like this going in there eventually, but with fewer units. Mr. Deblon stated he looked at the positioning of this development as creating a quieter environment for the homes on Lucia Lane. He stated the concerns expressed were very valid, but he thought this was a positive aspect of a develop- ment of this nature. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL DENIAL OF REZONING REQUEST, ZOA #83-03, BY L. ROBERT ERICKSON, TO REZONE THE WEST HALF OF LOT 4, AND ALL OF LOTS 5, 6 AND 7, LUCIA LANE ADDITION, FROM R-1 (SINGLE FAMILY DWELLING AREAS) TO R-3 (GENERAL MULTIPLE FAMILY DWELLINGS) TO ALLOW THE CONSTRUCTION OF A 14-UNIT CONDOMINIUM PROJECT, THE SAME BEING 1133-1145 MISSISSIPPI STREET N.E. Mr. Oquist stated the sewer issue and the County's plans for widening Mississippi and putting in a right turn lane should be resolved before this item goes to the City Council . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWCKAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO RECEIVE INTO THE RECORD THE LETTERS FROM RUSSELL BURRIS AND JUNE JOHNSON AND THE PETITION FROM CLARENCE TIMO, AND TO FORWARD THESE ON WITH THE MINUTES TO CITY COUNCIL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated that on June 6, the City Council would set the public hearing for June 20. 2. LOT SPLIT REQUEST: L.S. #83-01 , MARGARET A. SEGER: S 7 ' he southerly Feet of Lot 1 , Block 2, Spring Lake �Par -i e, the same being 7650 La Road N.E. (Original Lot - Osborne Road N.E.) Mr. Deblon stated this wa mal hearing as required by the subdivision ordinance for a lot spli Mr. Deblon s this lot split was requested back in 1975. —T-Tit request came before t Planning Commission and the Planning Commission recommended the --.. - - - ''.4 �- -__--- THE MIMnom OF THE REXAJIAR COMIL i J=E OF THE FRIDLEY CITY MUNCIL OF JULY 11, 1983 The Regular Meeting of the Fridley City Council was called to order at 7:40 p. m. by Mayor Nee. PLEDGE. OF A1-TDGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAM: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None CERTIFICATE OF APPRECIATION: 'MD TE'.SSA'fER - ENMa COMMISSION) Mayor Nee stated Mr. Tessmer was unable to attend the meeting this evening to receive this certificate of appreciation for his services as a member of the Energy Commission and, therefore, requested this be forwarded to him. APPROVAL OF MIN[TTE.S COUNCIL MEETING, JUNE 20, 1983: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested an item be added concerning a petition from the FYSA regarding a temporary permit. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PiTLIC HEMING NOTICES: Ms. Mary Martin, 133 Stonybrook Way, appeared before the Council regarding public hearing notification. She stated the reason she is bringing this to the Council's attention is because when East River Road intervens, it takes up a lot of footage, therefore, not many people in her area were notified of a public hearing. Mayor Nee asked if streets were figured in the distances for purposes of public hearing notifications. Mr. Flora stated the footage of the streets is not taken into consideration. CouNCIL• NOTING OF JULY 11. 1983 PAZ 2 Councilman Fitzpatrick stated sometimes 500 feet from a certain point involves a lot of people, however, in the case which Ms . Martin is referring, if you take into consideration the width of East River Road in figuring the 500 feet, not too many people are involved in the notification. Mayor Nee requested a report from the staff on what might be done in these particular cases. PUBLIC HEARING.2S 1 PUBLIC H$nEIM ON REZONING REQUM. ZQA #83-03 BY L ROBERT ERIN, 70 REZONE FROM R-1 TO g-3—, LD'I5 IN LUCIA LANE ADDITION FOR A 14 UNIT 0DEDOMINIUM, THE S.nMF BEING 1133-1145 MISSISSIPPI STREET N. E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Flora stated the property involved in this rezoning request is in the northeast corner of Highway 65 and Mississippi Street. He stated it is proposed to rezone this area from R-1 to R-3 for a condominium development. Mr. Flora stated the rezoning was presented to the Planning Commission and there was a considerable amount of negative comment received from residents in the area, and the Commission recommended denial of the rezoning request. Councilman Schneider asked what is the total area of the proposed rezoning, or how many single family homes could be located on this property. Mr. Flora stated there is space for three single family homes to be constructed on the property. Mr. Mark Haggerty, attorney representing the developer, Mr. Erickson, stated there were a number of letters and items presented at the Planning Commission meeting which he did not attend, and in reviewing the minutes of the Conmission he noted a few items. Mr. Haggerty stated in regard, to the traffic congestion, it was requested an investigation be made on what the County may do at this intersection. Mr. Flora, Public Works Director, stated the County does have plans to improve the intersection of Mississippi Street and Highway 65 by adding the right turn lanes on Mississippi Street. Mr. Haggerty stated there have been many requests in the past for proposed uses of this property. He further stated the staff recommendation regarding the traffic and access was in contradiciton to what the neighborhood wanted and the access proposed to Mississippi Street was to satisfy the residents in the area. He explained the configuration of the buildings could be changed so there would be less traffic on Lucia Lane. Mr. Haggerty asked about the adequacy of the sewer line. Mr. Flora stated there is adequate capacity and this development would probably actually help the sewer line. COMIL ?EE= OF JunY 11, 1983 PAGE Mr. Haggerty stated in condominium development, there is a homeowner's association and that FHA and VA have very stringent requirements which must be met. Mr. Haggerty stated it is proposed that although this area is zoned single family, it doesn't lend itself to single family development and that it be allowed to develop into quasi-single family in order to meet the needs for some lower income housing in the City. Councilman Schneider stated he felt on of the key points was the density which was not discussed by Mr. Haggerty. Mr. Haggerty stated they have 14 units and believed there is a total of 58,000 square feet gross area and this comes within the density requirements of duplex housing in the City. Mr. Haggerty stated they want to be sensitive to the needs of the residents of the are and try to accomodate their concerns, as well as the staff's concerns regarding traffic, and to have input from the Council. He requested, therefore, for this hearing to be continued to the next meeting to give his client an opportunity to talk to the neighborhood residents and try to come up with a reasonable solution for development of this property. Councilman Schneider stated, prior to the public hearing before the Planning Conmisison, he had told Mr. Erickson this was one of the most creative developments, but had recommended he meet with the residents of the area before this item went to the Planning Commission. Councilman Schneider stated he had also told Mr. Erickson he would not approve the developments at the present density. Mr. Haggerty stated Mr. Johnson, the owner of the property, has talked to the residents, however, because of the configurations of the property, rezoning proposals have been denied. He stilted the reason he is asking for a continuance is to get input from other Council members and then go to the residents and try to come up with a package that would be agreeable to. Mr. Russell Burris, 1150 Mississippi Street, submitted a written proposal dated June 10, 1983 on what the residents would like for this area. This was read in full by Mayor Nee and stated the homeowners in. the area want the property to be built as R-1 or single family homes as the property was purchased as R-1 property and should be developed accordingly. Mr. Clarence Timo, 6517 Lucia Lane, stated he presented a list of objections to the Planning Commission. Mayor Nee stated the Council has the concments submitted to the Planning Caunission which was made a part of their proceedings. Mr. Timo stated he would agree with Mr. Burris' comments that the property was zoned R-1; the buyer bought it as R-1; and it should be developed as R-1. He stated, in urban planning, property should be developed in accordance with the surrounding neighborhood and this spot rezoning isn't coirpatible with the R-1 zoning in their area. COMIL MEETING OF JULY 11, 1983 PAGE 4 Mr. Timo asked the Council to consider his comments submitted at the Planning Commission meeting and deny this rezoning request. Mrs. Bystram, 6533 Lucia Lane, stated as she looks at this situation indeed something will be done on this property in the future. She stated she is certainly willing to talk and felt something should be done in terms of what is reasonable as far as traffic. Mr. Bystram, 6533 Lucia Lane, stated he wasn't involved in the discussion at the Planning Commission meeting for this rezoning, but was present at a hearing several years ago. He stated, as a person who has no experience in developmental activity, he would be at a distinct disadvantage if he was involved in a discussion without the kind of resource they need for a qualified judgment. He felt if he had trust in the people involved in the negotiations, he could benefit from discussions and there probably should be some staff input. Mr. Bystram felt the intersection at Mississippi and Lucia Lane is a problem, particularly in the winter because of the slight incline. Mayor Nee stated the problem involving staff in such discussions is that it may prejudice their objectivity. Mr. Haggerty stated they are to the point now where you are as close as you can get to single family residential usage. He stated both Mr . Johnson and Mr. Erickson want to work with the neighbors and be honest about what they are trying to do and to also accommodate the recommendations of the staff and construct a nice development that will work with the neighborhood. He stated he would act as an arbitrator in trying to work out something that is mutually acceptable. Councilman Schneider stated Ms. Schnabel at the Planning Commission meeting had asked Mr. Erickson if he would consider reducing the number of units and he indicated he would not. He further stated, although the traffic and sewer capacity have to be considered, he felt two crucial issues were the quality of the housing and the density. Mr. Haggerty stated he felt anything is possible, however , whether it is probable or not, they would have to look into this further. He stated they are willing to be flexible or else he woudn't be here, but, on the other hand, there are some elements in the neighborhood that are inflexible and hopes to bridge this gap of inflexibility. Mr. Burris stated it is not feasible to put 14 units on this site. He stated he now has to back into his driveway in order to be able to get out on the street. Mr. Burris felt it would be tragic to have the access directly on to Mississippi Street and that three or four homes are the maximum that could be built on this site. Mr. Burris stated the developer knows what the residents want for his property and yet they are still trying to force this proposal. Councilman Schneider explained, under the normal rules of procedure, the Council wouldn't take action on this rezoning this evening as it is customary to hold the public hearing and take action at the next Council meeting. r COUNCIL OF JULY 11. 1983 PACS.5 Mr. David Dayton, 6435 Highway 65, stated if he rezoning was approved, the could come in with any project they wanted and this is the reason they want it to remain as R-1. Mr. Herrick, City Attorney, felt there are some steps which can be taken to protect the residents to assure a certain development would be constructed. Mayor Nee pointed out that what the Council is now considering is the rezoning issue, and not approval of the proposed project. Mrs. Haedtke, 6540 Lucia Lane, felt 14 units was too many for this property and didn't feel the additional traffic could be handled. Councilman Barnette stated he knows everyone's feelings, but the biggest problem with this property for R-1 development is the location as he didn't feel someone would build a $100,000 home on this corner. Councilman Fitzpatrick stated the consideration is if the property should be R-1 or R-3 and how this fits into the total development picture. Councilman Hamernik stated he felt the density is a primary concern, but felt any dialogue between the developer and residents would have some value. He felt those lots today are not ideal single family sites. Councilman Schneider stated the density is the key issue in his mind and it would be his intention, if an agreement is reached with the residents, the rezoning would be granted for a specific project. MOTION by Councilman Schneider to continue this public hearing to the next Council meeting on July 25, 1983. Seconded by Councilman Barnette. Mayor Nee stated he didn't think a case has been made to rezone property beyond the client's interest. He felt is hasn't been shown that it is in the best of interests of the neighborhood and commity. UPON A VOICE VOTE TAKEN CN THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 2 PUBLIC HEARING ON VACATION REQUEST. SAV #83-01, PETITION 4-83, TO VACATE EAg j pLy 130.70 FEET OF 54Th_STREET N.E. (ZIP AND VAGOVIC H): MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:40 p. m. Mr. Flora, Public Works Director, stated this request is to vacate 130 feet on 54th Avenue west of 4th Street between 12 and 13 and the request is made by the two property owners on either side. Mr. Flora stated one of the property owners wishes to construct a driveway and garage on the vacated portion of 54th Avenue, which is also the easement required by the City. Mr. Flora stated, if the vacation is approved, they may wish to stipulate that any construction on the city easement would have to be maintained by the property owner in the event the City had to make any repairs or improvements to the utility line. Cnarrr, KEF-rrrur; OF JULY 11 , 1983 PAGE 6 Mr. Flora stated the Planning Commission recommended approval of the vacation, with the City retaining an access easement over the top of the existing 30 feet utility easement. Ms. Laura Vagovich, 5400 4th Street, explained she has maintained this portion of the street for 34 years and would like the protection of not having people going through there. She stated she assumed for years that this road was already vacated and therefore, had maintained it. Mr. Zimmerman, 5380 4th Street, stated he intended to put up a retaining wall and use the 30 feet vacated to build a road to a garage he plans to construct on his property, with access off 4th Street. Mr. Zimmerman stated he understands there is a storm sewer easement that will remain, but there is no way to get around this issue. Mr. Flora identified the three options the Council could consider in providing for development of an alley without 4th Street if this vacation request is allowed. No persons spoke regarding the proposed vacation on 54th Avenue. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:08 P. M. 3 PUBLIC HEARING G Oy AMEND= m SECTION 3,07 OF THE CITY CHA= OF THE CITY OF FRIDLEY: MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:09 p. m. Mr. Bill Hunt, Personnel Officer, explained that Section 3.07 of the Charter relates to publication of ordinances in summary form. Mr. Hunt stated the ordinance is substantially the same as Ordinance No. 757 adopted in February by the Council. He stated it is presented to the Council again because the required public hearing ws not held and any changes are, basically, in organization and phrasing in order to clarf iy paragraphs. Mr. Starwalt, Chairman of the Charter Commission, stated the Commission was in favor of this amendment and felt the effort staff put into it makes it a more understandable ordinance and is now before the Council or their consideration. No other persons in the audience spoke regarding this proposed amendment. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:12 p. m. CPXHVNM NO. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DIS'IRICTS. The Council of the City of Fridley does 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 as described as: West Half of Lot 4, and all of Lots 5 , 6, and 7, Lucia Lane Addition, all located in the North Half of Section 131, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as R-3 (general multiple family units) . SECTION 3. The the Zoning Administrator is directed to change the official zoning map to show said tract or areas to be rezoned from Zoned District R-1 (single family dwelling areas) to R-3 (general multiple family units) . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983 WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK Public Hearing: July 11, 1983 First Reading : Second Reading: Publish REL33/0/10/28 ZOA 83-03