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ZOA69-12 � f i CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA ✓' Rezoning PLANNING AND ZONING FORM Special Use Permit Number�.D-4 F '- /Y Variance APPLICANT'SIGNATURE Lot Splits Address Approval of Pre- liminary Plat Telephone Number 0 - ire, Approval of Final Plat PROPERTY OWNER'S SIGNATURE- Address �� Streets or Alley L���- =l�t1 .f��G Vacations a Telephone Number _ —� �� -J /� Other Street Location of Property /(w?- 7JC7( J_4,e . Legal Description of Property. 15 �c..cry Present Zoning Classification Existing Use of the Property Proposed Zoning Classification, Special Use, Variance or other request .ma,� R^_�,,.J Describe briefly the Type of Use and the Improvement Proposed Acreage of Property. Git.��. Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It?, ,� When? What was Requested Fee Enclosed $ v Date Filed Date of Hearin PLANNING AND ZONING FORM PACE 2 Number Z• 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 addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersigned. Residents and Owners of Property within 300 feet; p PERS014S ADDRESS A sketch of proposed property and structure must be drawn on the rack 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 5. Location and use of adjacent existing builds (within 300 feet) . The undersigned hereby declares that all the fact !7d representa ions stated in this application are true and correct. DATE a . c SIGNATURE (APPLICANT) Approved Denied By theoasd of Appeals Subject .to the Following Conditions; date Approved Denied by the Plannin- Commission on Subject to the Following Conditions; date Approved Denied by the Council on Subject to the Following Conditions; date Form PC 100 yo A.;Z/ eAa�4 -- (ice474 I(ell d 5 �:,�• YA-' v 23 OWNERS and Ri�SIDENTS • nlJt)!�r NAME 1' iC)Ni_ 0wN''/IZ.LS 1491 Orson,i,t(t. Cio u1ton P. Gnasdw key 7 t.1- ,c u xn 15 33 1 Leander C.. f len t ges 7 f14-'):2 5 own 7430 Latke ; ('o P; i.. Robert O. Persgard 780- L-47 o,vn 7-'.1 -". R. T. Fii.�gibbons 1,101,10 res 3542 N_-' Tien i St , Donald Pi Blow 781-453,,, own 148:3 0n0�n('1-W'_ Francis Bourgeois 784-0051 oxvn Ben 11. Shut role 7H��- 3-'15t; 14u3 State of Minnesota own 7425 D( I. C: ,1 . Fowler nom, oArn 1.470 On(+nti,-m 'John If„ Payne none r,t•;n 1470 " George A. Hanson 784-5«7:' own • 1482 -" Dennis M. Herbst 780 _>C,i)'s own Parcel 4f) .` ut ) 1.08 Phyllis J. Olson own 7P15PI Pl,,.- - ,5antview Or. none, 1618 Onr,nr ;,Eta Dean Harmon 780-•5392 1619 73rd NE Leona Gw_i cki 78o-1052 o::n Parcel 2218i) Abri :;uh 1129 St Pi ns Inc. 445-4444 own L420W3 Shakopee Parcel 21.iii) Aur' c,ui., 1.29 tv i l.li am A, Finnerty 823-2291 own 5040 Oakland Avenue 1565 73r(1 A,,-(-, . ':I Chester Ewer ,Jr. 784-()7-i(" own 1485 Jw'epk) Saha 786-2. oXr) 1475 Clarence C�t.tnn 784-4,1" •> o;•vn l {r, l own f Loc•kt•r � ,•II t,wn i j Lo t I I i?.t I l ;' ! • r . lJ.t l I .tt't I:(,t kr ;t.(1-- ;! on(n t,c) NF WIP" Way loll lin,;:! '..1' ;.1 . (dm A. (i(lr Illiln ti.1_�?(j(1: _- oIVj1 560.3450 ANOKA COUNTY �( 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 multip16 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 COMMISSION 23'o t SPP) ` 'r • II i � � �w � !�. � � � ` � � /�' J-�jbf `�• • /M �s � �w•.o .�� ..� . soCey� �� Z . � 11N av ,, /ie. ? •� /•trend_ ..dot � 1 .r" 1 jog k� ! z e 6 0 /aiii'�rv+� �rfrr--TSO � • ��v � ®" � ' .: ; ...� •�r --'-�l • k �'�°� IS �.i o, � �-f; ��fB • � � � �a X45 ' O N ON Uri GW STREET J ,Ji As I •o /•E //O /i0 '� .1 I I i/!. !L1asr� 4�i i •a �ySc) tY 33S t DD VISION � rte+ � ► w 7 r � �!J•Oa' �/.era) .(!C.� .�L.••_- � I - ` .. .��• •`• �•�� ,.t.. ; ;•S :t�•.'`f .•/,9..•,e.a, .:+c'-�" ;.zT+c�c.mr n-+-;.r•-P: • ,r•:;•.7•..•.;.•:;•'•:•.: G• t' I` •r' .K Y• iii .fr.. .f•.• :p:•'' , 'rte :'y� •i •• P moi:• / _ •ti G`, :j. .v t r v ! y , > 1 ..�v 1 0 T. ^S p •Y 1 t SS • '.a 15/ 4 / / /iiiii iI ✓,/vi/i/•'iaY✓�/yi..:rd /. ,/ //i/ii"Ja ,�%.i1.�.: � .�:.�.w� . .!//i/, l7J �;;•�9'ic� ,, ,.M::' Tom. ,�. //iT'r//!/////// 1111///// 11�11�//// 1111 / X11// , • ,,,,a,,:'• •:C•3.;; •11/>// / ....... .... ./////J 1111/// 1111/// //////r//////r/////I///r rC r/Y dVGd///rr//////// c. }}: :'.'.Y7• /(cp� ••''':•. yy,� A z44+',•1�,.f/.d .;•1•:?:�; �.:�::::A:•.:.;;;• a � f`¢///// 1111/ ///II////// ////I///////�///II{//I/ ////////I//11I//I/////I// w4'G'C��/��fVY////I/OII/ •;A•t,'•:''•:';:':�• , �'.�. �,' ,%!'�//!%/// ✓1111// I/IR////I///Y///J JI/// II/////I/I//.////// °C /I/////✓II ::':'•;: ::'.'::•'•.:•':::::•::.... •,I✓�/.*d®/Y.�//(/dT.��////� I/s/�•LLi'd,+'•G',a>t°r�1- //////////I/I/////////// .//////�i �yy/////////I ::�::..•.•.:;•::.•.::::..:��::::::•;:::. •r. !r�/y///}�//J / 1111/ //I/ /!d//r�/Y -S"r ti:�w.t�•f i�%.2:„,�. .�••••••••//I//////♦/11Y///////aJ/////////r•/��////♦///////I/�s/////'I////I////////////d�/r/�V✓'11////./11/J`✓/////11///)T11//////7J41//I//////I/1111///7//11I/�///////////I//11///11////II///I//41//////11////// //////11/J//I/////11///I/r//11//I�a////I////I//I//J/////,Ti////JIIJ�/i//y//////////////////J/.////roI//I't��//I//G.pI///II/I�////I//9/////////T/o///Il//IJI(/JIr///J//II/11I//////////s//r//J11/�/�I////////11/////////1111/////J////////11/////s11/////////!///////////////////////////s/I//////////////////I11/e///s//s11///>11/////////////r!/r////////s//////I/////J///////////♦/////J//11///////1111//l/f////.+/�i11///esi//�///I�•✓11i/s///11J//I11{i//11/////11/11////////11///////�/41//I.LYY/p:T/1111/,.r/11//1111/11/////-//r////////11///////11I/r/////�Y�•/////11////// ///////.I/o/////J///////./I/I//srI//../ / 1111 / "J/ // ////////// //////// / I // 1111///#// /// / /// / / 11 /// // ///sdIele / / ///// I/s...I//• ,;..;.:f::;•.:._...;j,.:.;�.::;•••.:,•,•:••:• F:•,•£�•.:''.:':'.P I//J/ / // / / ////// 444441 4144,14/ :•:.•f:::;•.;:�;t'1•�;f,•:�••;.);��::::::!i�::•a,•:t.:ti:'..;:1..h:�Jg1�}.i..:41..;..':;.;+::{::,•fJ.;::.✓..;;':..,..;,s4.P;..�...g•.::::•2;.. ;•;.,:L.:.'�•�i(tt�(1.:;•:;.:;"f::. C114 COP./a i`•;•-i.f:.q. y •y�.:.:c�it_,::•- :r:•:��1.'• •�': / / / /11/11//11//// se+//JrJ///// /q / ////Yx. r1111e eddrp ���-�i-: :i',�'::.•a ''D::};•: y{:' u Flop for Rezoning Study of sec. /8 area between 73rd Ave. and Onondaga Strut and Hayes Street and Stinnon. Blvd. t1n ROLAND W. ANDERSON COUNTY SURVEYOR ; 4--is.L9 ANOKA COUNFY, x IJISOrA 24 GEORGE M. NELSON - ZOA #69-02 cr 3 N2 of Lot 30, N2 of Lot 31, Auditor's Subdivision No. 129 Rezone from R-1 to R-3A 116 5 j N P p RK a Yts-j o U 3 5 k�,D , 17 < 8 „ I' k E ;s/s C�.e 6 16 i4 0 1 315 14 . 6 5 It 4 g ja L .� r14 1 If STATE 75TH A10 AVENUE N E 331 �R 121 3 ,61 M •• 3 ' N w 61 tttiijt itt:iiiiiii" .•���.�•7,115 6 5 0 4 .SU6JQ 112 I� ` •_ {:trot: ?lid.' ?c'::i: •:•• �.. T� 8 9 10 r 2`� ED ST LLJ Fes®..... g .'. ~ ^ ; -T---- cn ,2�V 24 2G Ibi ,I, ?�Q��' ,} f ..• .. .1 34 1 •" /� I LJ r' 1..�. —, a .fir l3 rs :;2'i4� I 226 z.ii.•�..•.•' r _.ice'E_�cl�._u.�c.�� <.4 1 _�_ .r 307 ) 73 RD. AVE NUF N E ( COUNTY RD. 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BUSINESS B R-4 DISTRICT USE PERMITTED PD PLANNED DEVELOPMENT C-1 LOCAL BUSINESS AREAS M-1 LIGHT INDUSTRIAL AREAS C-I-S LOCAL SHOPPING AREAS M- 2 HEAVY INDUSTRIAL AREAS CR-I CLINICS 81 ALLIED LAB. P PUBLIC FACILITIES AREAS ••aw - - R°• 901 °. ...___.------ _� 0-�-..y+r+J-J��.y � DqK•1939 . A C • 1r GTY trJi • :"y.p"•yt'!sI o Z ts 1:- E.j•D_SOC�DNCOR.f-LST�.�•n ^/'" j 'aas." so s1 l sv.•N a_•.o.u3.,a. ,• t•3 _I r IEMENOT4qY I-_7_ INITY 07 L2-. a .J•t•nEF• gJ l9sww�J. o i� " a at t• a t ./ f__ A ; ri: , --•-�-47 •f • i ! Z 78TH.AVE ` ' ]6.TM �V E.- _N,(•__ � I �,b T--�� �� Q i t' ° • • 1J I = _ - ___- = IIs sp00'NMO•. :TEhR`.• ,1, PQK; • F - I •• ••• ,'••> t•I �>< 1 - �s R: _ =' '-__ / 17 3 3 2 i J Ift•` F� P Y fi a M 13 /J a f 5- z --'���. ..� ly Irt3 6 5 5 F✓IOEO f 4' -y 1 a N Rii'• •t• a , • s. 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PARK' Z !� l •.,z•.� •''r t.) 1 ` •. _ MOS.VIE .: •..) a� .,; '� ,J .,., _ AID 305 i --ea CGUHLfA J •. ./,• �. ... ---ti - d° W BRTN ,.) 1 Z �RE`E ..:aEt - w I o SEA ! • ' r.•1 C AE K � 68tH IVEQ , C V .�' t . e_L.'.I +• •1�� ro � �CNANNE A y •t Z .1 AUDITOR'S UB , STEIGE •^ RICE CAE K C` ^ , Q . � lr ,Y � � , 1•'J ' 2v�510N � �, e 6 ' �, 'Z � -•� R x: � f ,.'.• .• EPV�f 't.� •11 � ,e I ' RjCE ��.`t' � .i•' . ,� J Il :. •�\O,'f SU 66T •v ELEM - i• 4r .p stlEMn y 6 N EN ➢°'� F 7 9:°.,I.r c a� t^a �� 3 l i i t z -, 1 ` � ... }o O, / r4'-�• • °I •k ..TT 8bt+4^' TQt Sbi•` D •C 168 9 ..• R E• OlST:if; D _ �. 1:� 3+c �r wx.•!at 2 T- r -' �N N4YE5D _ -J �• �1 - � 11 t , • _ w / E�EMENTA.Wy .1G r ., s s••, ,t2 A • ° . v r - • _.- / "-'q0L (DIST ty t 'x'71�''I t�{� e�--��----��•ll I� STRED1 1�?�A t f,s4iS515 TATE Ai�- —ST" Er �.... T 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 469-12) 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 20 • 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 March 4 , 1970 in the Council Chamber at 7 : 30 P .M. for the purpose of : Consideration of a rezoning request (ZOA #70-03) by George N. Nelson to rezone the North 1/2 of Lot 30 and the North 1/2 of Lot 31 , except the North 125 feet , Auditor' s Subdivision #129 from R'-1 (single family dwellings) to R-3A (apartment and multiple dwellings) all lying in the Northeast quarter of Section 12 , T-30 , R- 24 , City of Fridley, • County of Anoka, State of Minnesota. Generally located on the South side of Onondaga, West of Lakeside Road. Anyone desiring to be heard with reference to the above matter will be heard at this time . OLIVER R. ERICKSON Chairman Planning Commission PUBLISH: February 18 , 1970 February 25 , 1970 • MAILING LIST ZOA #69-12 - Robt. V. Pritchard Sent 11/14/69 So. 2/3, L. 4, A.S. 4108 - rezone from R-1 to R-3A T.E. Maryen 773-83rd Ave. N.E. Onan Div.-Studebaker Corp. 2515 University Ave. S.E. Mr. Robert Persgard 7430 Lakeside Dr. N.E. Mr. Robert G. Locker 1601 Onondaga Mr. John A. Gormen 1611 Onondaga Earl J. Follmuth 1621 Onondaga Mr. D.L. Harmen 1618 Onondaga Ms . Phyllis J. Olson 7555 Pleasant View Drive Mr. Rodger Johnson i547-2arrgi-1� Mr. Chester Eiver 1565 Co. RD. 1AH Mr. Everett Schmidt 7400 Lakeside Mr. Irving W. Lindholm Chaska, Minnesota Mr. Byrd Norton 1665 Co. Rd. YAH-2 Mr. Donald D. Schultz 7340 Stinson Blvd. Mr. Roy E. Warner 7360 Stinson Blvd . Mr. E. Kennedy 4240 James Ave. No. Dahlmeier Const. Co. 7376 Stinson Blvd. Mr. K.L. Fritz 1655 Co. Rd. #H-2 Mr. Melvin K. Orumm 1641-73rd Ave. N.E. 45 PLANNING COMMISSION MEETING FEBRUARY 13, 1969 PAGE 1 The meeting was called to order by Chairman Erickson at 7:35 P.M. ROLL CALL: Members Present: Myhra, Mittelstadt, Erickson, Jensen, Fitzpatrick Members Absent: None Others Present: City Manager Homer R. Ankrum, Engineering Assistant Darrel Clark APPROVE PL.a. THING CO_ IISSION 2n2dUTES: JANUARY 30, 1969: MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission minutes of January 30, 1969 be approved. Upon a voice vote, all. voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COKHISSION MINUTES: JANUARY 27, 1969: MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission receive the Parks & Recreation Commission minutes of January 27, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. RP�CEIVE PI.•ATS & SUBDIVISIONS-STREETS & UTILITIES SUBCO�21ITTEE MINUTES: FEBRUARY 6, 1969: MOTION by Mittelstadt, seconded by Jensen, that the Planning Commission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of February 6, 1969. Upon a voice vote, all voting aye, the motion carried unanimous ly. RECEIVE BUILDING ST A - AN ARDS DESIGN CONTROL SUBCO,�' L4ITTEE MINUTES: FEBRUARY 11 1969 MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of February 11, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 1 PUBLIC HEARING: REZONING REQUEST, ZOA #69-02, GEORGE M. NELSON- North Half of Lot 30, North Half Lot 31, Auditor s�Subdivision No 129 - rezone from R-1 to R-3A. Mr. Nelson said he represented Burton Johnson, John Flanery and Roger Johnson. He zaid that the south half of Lots 30 and 31 on 73rd Avenue are zoned multiple dwelling and are across from the Onan plant. The frontage of the north half of Lots 30 and 31 is about 490 feet on Onondaga Street, and at the present time, the land is undeveloped. The improvements are in the street both on Onondaga and 73rd. They would like to plan an apartment development on the total site and were requesting rezoning facing Onondaga • Street the same as the south half of Lots 30 and 31. The public hearing notice was read by Chairman Erickson. Planning Commission Meeting - February 13, 1969 Pale 2 Robert Locker, 1601 Onondaga Street: lie presented a petition against the rezoning. MOTION by Jensen, seconded by Myhra, that the Planning Commission receive the petition presented by Mr. Locker and circulated by him dated February 13, 1969 opposing the rezoning request, ZOA #69-02. Upon a voice vote, all voting aye, the motion carried unanimously. George Hanson, 1476 Onondaga St. : He said the petition just presented represents pretty near everybody on that block. It includes nineteen home owners. They feel there is plenty of commercial and industrial that is zoned co=ercial along there without putting it out in a residential area. These people are buying their homes without knowing the rezoning that is coming about. Gordon P. Gnasdoskey, 1491 Onondaga St. : He said he lived on the East end of the park and felt that the park should remain the way it is no..7. There is a lot of children using it, and at the present time there is a lot of traffic all the time to that area. He thought putting such a camplex in a residential area would be hazardous, as far as traffic is concerned. He was against the rezoning. The Engineering Assistant distributed maps of the area to the Commis- sion. The street shown through the center of. Lots 4, 5 and 6, Auditor's Subdivision #108 was half way through the area, and he reminded the Commis- sion that Lot 5 was just reviewed. When asked if he could foresee any problems, the Engineering Assistant said that this pattern would be necessary to develop the area into single family dwellings, but if the development would be in large pieces, perhaps there would not be any need for a street down the middle. ' Delphine Hentges, 1533 Onondaga St. : She asked how can they rezone when everyone is against it. We would not have bought our places if we thought that they would rezone. We are all against it and just the petitioner is for rezoning. If it goes through, then what? Chairman Erickson said that anyone has the right to ask for whatever they want to do. The Council is the ultimate authority on it. The Council would have to say whether or not it would be rezoned. After the hearing before this body, there will be another hearing before the City Council at which time the public is re-notified. Thomas E. Marxen, 773 83rd Avenue N.E. : He asked if the cul de sac on Lots 5 and 6 would still go through and was informed the land has 'been dedicated and the street would. Then he asked what kind of street Onondaga would be. Chairman Erickson said he assumed he was referring to the differ- ence between residential and industrial . Streets that have multiple dwellings do not have to have a heavier design. Mr. Robert Locker: I heard it mentioned that if it remains residential, a street would have to be put through there. Why would it have to go through there? Darrel Clark answered that perhaps some day they may want to divide their property into smaller lots . The plans we are looking at would provide access. All this plan does is to tell us where the street could go if they desire to put it in. 47 Planning C Amission Meeting - February 13, 1969 Page 3 Mrs. John R. Doyle, 1651 Onondaga St. : What kind of buildings did they • plan to put on this land? Mr. Nelson answered that they did not have any specific kind in mind yet. MOTION by Myhra, seconded by Mittelstadt, that the Planning Commission close the public hearing of 'LOA #69-02, Geo,-ge M. Nelson, of the N2 of Lot 30 and the N2 of Lot 31, Auditor's Subdivision #129, to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Mittelstadt, seconded by Myhra, that the request for rezoning, ZOA #69-02, George M. Nelson, of the N2 of Lot 30 and NZ of Lot 31, Auditor's Subdivision #129 from R-1 to R-3A be denied. Bill Finnerty, 5040 Oakland Ave. , Mpls. : What right does the property owner have in the event it is not usable for residential and could not be rezoned? The Chairman answered he did not think, for one thing, the particular cost for residential is prohibitive. He thought if the petitioner had some facts that it would be a hardship, they could bring it to the Council. Mr. Finnerty then asked that, as far as the rezoning, how far can the objections come from. He was told that anyone had the right to voice their opinion and that the City notifies owners within 300 feet. Mr. Mittelstadt said the reasons for his motion of denial were that there were 19 names on the petition against rezoning and these people do not want to see apartment complexes. He found no hardship in this case. He would agree to the rezoning, but felt that in this area, which is right next to major industrial complex, it should remain as is. He felt the proposed streets should be put in within the next few years. The access is needed and should be put in. Mr. Myhra said he thought where there is an industrial area, apartm—ents probably would serve a buffer purpose. We have that on 73rd Avenue now, and if we were to rezone the northern part of the lots, we are actually getting out of that category and are getting into something like spot zoning. The Chairman added that the use of the area is substantially single family residences . He could not see, at this point, the need to rezone inasmuch as the Planning Commission recently approved a lot split for single family residence. He felt it should remain on R-1. Mr. Fitzpatrick commented on the fact that many people at the meeting tonight are from McKinley and Lakeside which is further away. He wondered if there was a reason for those living closer not being present. Several members of the audience volunteered the information that there were valid reasons for four of the neighbors not being present. Mr. Locker said that he was new in the area in the past two months . His . home was on Onondaga and Lakeside. He did not knots anyone other than those right near him. He moved from St. Paul because of apartments and the traffic they generate. Planning Cdrranisslon Meeting - February 13, 1969 Page 4 Chairman Erickson asked for the vote on the MOTION, recommending denial of the rezoning request. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. The audience were informed that this recommendation would go to the City Council on Monday. The Council will or will not set a public hearing date. The petitioner may desire to continue it and he has that privilege. He may decide to withdraw. I 2. PUBLIC HEARING: REZONING REQUEST, ZOA #68-11, LOUIS MOMCHILOVICH: The West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision #88. Rezone from R-1 to R-3A. I Chairman Erickson read the public hearing notice. i i Mr. Momchilovich brought a plan of the area for the Planning Commission i to study. Eugene Lang, 1132 Mississippi St. : His home is on the South side of Mississippi Street and he has lived there 20 years. He asked if the property North of Mississippi is zoned R-1, single family and wondered if commercial i` would be requested. f The Chairman said there has been no request for anything other than what is requested now. Mr. Momchilovich discussed his plans with Mr. Lang. MOTION by hittelstadt, seconded by Jensen, that the Planning Co=ission close the public hearing, ZOA #68-11, Louis Momchilovich, of the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision #88 to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. i 'i MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission recommend approval of the rezoning request, ZOA X668-11, Louis Momchilovich, j of the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision #88, to rezone from R-1 to R-3A as it being the logical expansion of the R-3A zoning previously granted to Mr. Momchilovich allowing him to make better use of his property, and subject to the signature of the fee owner. Upon a voice vote, all voting aye, the motion carried unanimously. The Chairman stated that the Planning Commission should have the signa- ture of the fee owner since Mr. Momchilovich does not have the title to this property. 3. PUBLIC HEARING• PROPOSED PRELIMINARY PLAT, P.S. #69-01, BRENTE100D ESTATES, THG AS R. SWANSON: Rear 431.6 feet of Lot 35, rear 401.9 feet of Lot 33, Revised Auditor's Sub''-,ision #77. Chairman Erickson read the public hearing notice. 1 i P 'GWAR COIR•'CIL MEETING OF APRIL 21, 1969 PAGE 14 Councilman Samuelson said that he would be willing to continue the license on a "one r1iss" basis within the City of Fridley. The Representativb asked What is meant by a complaint. Councilman Samuelson said not a slightly cracked concrete slab, but items written up by the Building Inspection Department for correction that are' not corrected. The Inspectors cannot be re-checking constantly to make sure that the contractors do what they are told to do. The Representative said this would be agreeable with h1h. If they cannot take care of complaints, then they should not be in the business. Councilman Samuelson asked' him if the Building Inspector calls him on an item, will it be taken care of. The Representative said yes. MOTION by Councilman Samuelson to grant the extension of the General Con- tractors License to Miles Lumber Company within the City of Fridley on the basis that if there are any uncorrected discrepancies, the license will be revoked: Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor'Kirkham declared the motion carried unanimously. DISCUSSION REG-AIMING REZONING REQUEST OF GEORGE NELSON, INC. : i The City Engineer said that the Planning' Commission" had considered a request for rezoning by George Nelson, but had denied it. Since then they have requested an appearance before the Council. Mr. Howard Moore, Attorney for the applicant, said that their request has been modified because of the complaints of the residents in the area. There is quite a lot of vacant land in this area now, and some of it has not had any taxes paid on it for 5 or 6 years. The new proposal is to take the � northerly 125' abutting on Onondaga Street and divide it up into 86' lots / •` for residential (R-1) homes. The total depth o£ the property is 302' , and P eople dd not buy 300' deep lots for single family residenses anymore. Just south -of -the R-1 units the proposal is to put in between 65 to 70 units t4hich would generate between $30,000 to $ 40,000 in taxes. Just south of this, the land is already zoned for multiples. Councilman Harris asked how this plan differs from the one the Planning Co- ssioft turned down. Mr: Moore said that the first proposal was for all multiple zoning. Councilman Harris said that as this is a new request, he' felt that it should be returned to the Planning Commission for their re- consideration. Councilman Sheridan councented that this is about of the rezoninc!'request presented the first time. Mr. Nelson said that he was in- formed that he was to make the request directly to the Council as they. had been turned dorm by the Planning Con--nis-i-on. Councilman Harris said that this is incorrect 'and he is sorry that it happened. Councilman Samuelson pointed out that there is a cul-de-sac dedicated just east of there for future development. Mr. Moore agreed that it might be of future benefit to put in the road all the way to Hayes Street. Councilman Samuelson said that it may prove necessary for the development of the back lots. Councilman Sheridan asked Mr. Moore' if he felt that by developing Lots 1 through 6 to R-1, would eliminate most 'o,' the complaints. Mr. Moore said yes. He poinded out that the zoning along 73rd Avenue is for multiples now, although there are soma single homes and some vace:nt land. Councilman H?rtis asked if this is platted. Mr: Moore said that this would have to be done yet. MOTION by Councilman Harris to refer the new rezoning request by Mr. George Nelson back to the Pl.annirig corm missio;, fpr - YJie .r reconsideration. 9-).^,.0nded REGULAR COUNCIL MEETING OF APRIL 21, 1969 PAGE 15 44 by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion cZrried unanimously. CONSIDERATION Or EXCHANGE OF TAX FORFEIT LAND: The City Manager explained that Mr. Lawrence Beumer, 7899 Broad Avenus and Hr. Robert W. Kretlow, 7885 Broad Avenue have agreed that Lot 3, Block 1, Hitzeman Addition would be suitable to both of them if the 92.6 X 181.3' lot could be split to acco*t-modate both their homes. This is on the corner of Bacon Drive and Onondnga Street. If the corner lot was to be 80' and the interior. lot 75' wide the reduction in lot size requirements by City ordi- nance would have to be waived by the Council. Mr. Kratlow 'o2mlained that there is a problem of re-mortgaging their homas if the legal description is changed. The Assistant City Attorney said that he would check the law requiring that there be re-mortgaging when a houso is coved from one lot to another.: The Finance Director said that there is $3,035 in special assessments against this lot. Councilman Samuelson said that he felt that everything possible should be done to assist these p<3ople. It was agrood after considerable discussion that the City would pick up Mr. Beumer's nx7d Mr. Kretlow's special assessments and they would pica, up and pay off the back taxes and special assessments against the lot in Hit^ n Addition. These could be spread over a length of time, so that tMy would not need to come up with $400 to $500 immediately. The lot in Hitzeman Addition is to be transferred from the County to the City, and the lot then transferred to the owners. Mr. Kretlow said that both he and !-ir. Beumar are .- attempting to get SBA assistance in making their moves. Councilman Harris said that there may be others that may want to do the same thing. . It was agreed that the City Manager is to work up a Resolution in- dicating that in exchanges of forf_: -tune lots for- land in the Riverview Heights flood plain area south of Spring Brook and south of 79th Way, that the City would pick up special assessments not to exceed $500 per property exchanged, and that the owner would be obliged for the balance. Mr. Kretlow said that the Building Inspector had declared only three homes movable. Councilman Sheridan asked hose the homes would fit into the area aesthetically. Mr. Kretlow said that they were new homes built just before the flood of 1965. Coumcilman Samuelson asked if either one of them were elegible for a G.I. loan. They both replied that they were not. The Finance Director said that he would work with the County on this ex- change, and that they have indicated that they would be willing to help. MOTION by Councilman Harris to approve the exchang© of property to alloy the homes owned by Mr. Kretlow and Mr. Beumer to ba located on Lot 3, Block 1, Hitzeman Addition, grant the lot split and waive the lot size requirenents. Seconded by Councilman Sheridan. Upon a voice vote, All voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Samuelson suggested that a letter to .the mrtgage con,,*,-tli.es might • be helpful, explaining that the City has granted approval of the eschan7a, the waiver of the lot requirements, the lot split, and that the deed would bo from the City of Fridley. Mayor Kirkham said that he had written a letter to the Senator to see if SBA funds could be ru�lq available. PlanriiCommission meeting April 24, 1262 3. CONTINUED REZONING REQUEST: #62-02 GEORGE M. NELSON; NJ of Lot 30, . and N� on of Lot 31 , Auditor's Subdivisi129. Mr. George Nelson, Mr. George Nelson, Jr. and Mr. Howard Moore-Attornoy were present. Mr. Nelson came in with new plans which reduced the amount of land for rezoning. The original public hearing had been closed and the request denied by the Planning Commission. The City Attorney had been contacted regarding tho procedure at this point. He stated, as long as Council definitely sent tho request back to the Planning Commission, if they want to consider it without any public hearing, that can be done. If they want it heard, they did not have to publish it in the paper, but by notice in the mail. Mr. Moore showed the map of the new plan. There were six lots facing Onondaga, 5 being 86' x 125' , and 1 being 85' by 125' . Because of the criticism of increased traffic by the neighbors, these lots were to remain R-1 . The S1 of the lots are zoned R-3, end the request is for R-3A. To tho East is Marview Addition which had never been recorded. Mr. Nelson said the balance of the request would cyuupport 69 units. The Engineering Assistant discussed the Street Study of the Ili Of Section 12 and the possibility of following its recommendations. It was felt the property owner€ affected by this study should be included. A decision was made for an informal public hearing to be set up, and a sap showing what the petitioner plans to do be included with the notice. These notices to go to the people in the entire block The subcommittee will study the revised rezoning request without a public hearinZ and the meeting to start at 8:00 P.M. on May 1 , 1969, in order to accommodate the joint meeting of the Council and the Planning Commission. MOTION by Mittelstadt, seconded by 1-lyhra, that in regard to the rezoning request, ZOA #69-02, George M. Nelson, for a reduction in rezoning area, that the recommendation that the matter be turned over to the Plate & Subd.iviciono- Streets and Utilities Committee at their meeting of May 1 , 1969, for a study of the arrangenents' of the streets study, and the matter come back to the Planning Commission on May 8, 1969 for an inf orual hearing for all the people in the area bounded by Onondaga Street, Stinson Boulevard, 73rd Avo-.,ae, ' and Hayes Street in regard to a proposed rezoning of all property lying South of the North 125 feet between Hayes Street and Stincon Boulevard to ba rezoned from R-1 to R-3A, as the petitioner hao requested a reduction in his rezoning request and the Planning Commission wants the people in the area to study the overall plan. Upon a voice vote, all voting aye, the motion carried. ADJOUR11w2 i1': MOTION by Mj ttelstadt, seconded by 1.lyhra, that the Planning Coin-Laissioti adjourn at 9:22 P.M. Reopectfully Submitted, • t'T& 0'T till � AannrA i n s �eant�ri+.nry ' 40 PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING MAY 1 , 1969 PAGE 1 • The meeting was called to order by Chairman Jensen at 8:30 P.M. ROLL CALL: MEMBERS PRESENT: Crowder, Batterson, Jensen, Myhra, Zeglen OTHERS PRESENT : Engineering Assistant Clark 1 . LOT SPLIT REQUEST: L.S. #69-122 NORBERT J. LIESEN: Lots 27, 28 and 29, Block 4, Oak Grove Addition. Mr. Liesen was present. It was explained that the lots in the original plat were all 40 feet. Lot 30, which is vacant and lies north of Mr. Liesen's property, is a corner lot. Mr. Liesen said he tried to buy this lot but was unable to agree on a price with the owner. There is a home on Lot 29, but Mr. Liesen wished to split the three lots so that he would have two 60 foot lots. If in the future, he could purchase Lot 30, he would not object to a 100 foot corner lot. A new street has just been put in with sewer and water. This would probably amount to about $3,000 in assessments and Mr. Liesen felt he would have a better chance to sell a 60 foot lot rather than a 40 foot one. MOTION by Myhra, seconded by Batterson, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of the Lot Split #60-12, Norbert J. Liesen, of Lots 27, 28 and 29, Block 4, • Oak Grove Addition. Upon a voice vote, all voting aye, except Crowder voting nay, the motion carried. Mr. Crowder said the only reason he voted against the request was to call attention to the fact that a problem does exist with regard to the 40 foot corner lot and serious consideration should be given to what would happen on that corner lot. 2. CONTINUED REZONING REQUEST: ZOA #69-02, GEORGE M. NELSON: Road Vattern Study. Referred by Council, to Planning Commission. f Mr. George Nelson and Mr. Howard Moore were present. The Engineering Assistant explained that Mr. Nelson has a request pending before the Council for rezoning the North half of Lots 30 and 31 , Auditor' s Subdivision #129. The Planning Commission denied this request because of probable increase of traffic and street pattern. Mr. Nelson has reduced the size of his request so that there would be a strip of R-1 lots along Onondaga, and the balance would be a future plan for multiples. The Planning Commission thought the whole block should be looked at before they would make a j recommendation. From this Body, what they want to know is,if this plan is adopted, what would be the recommendation as far as streets are concerned. In 1962 a street plan was made, but at that time, the whole block was R-1. If the whole block was rezoned, the guess is that it would develop from 73rd • Avenue to the north line of the zoning group. In that case, the proposed 41 _ e Plats & Subs.- Streets & Utilities minutes May 1 , 1969 Page 2 streets in the suggested pattern, would not be necessary. The streets which • have already been dedicated, could be.vacated. I MOTION by Crowder that the Plats & Subdivisions-Streets & Utilities Sub- committee recommend to the Planning Commission approval of ZOA #69-02 and that further recommendation as to road easements as shown on Lots 4, 5.and 6, Auditor's Subdivision #10P, upon adoption of the rezoning of these streets be vacated , and if this zoning plan is adopted, no interior streets are necessary. In the discussion which followed, it was decided that it was inappropriate to vote on the rezoning, as the request was for an opinion of the street pattern. Mr. Crowder withdrew his motion. MOTION by Myhra, seconded by Crowder, that the Plats and Subdivisions- Streets & Utilities Subcommittee bring the information forward to the Planning Commission that if the rezoning would take place as shown on the map dated April 25, 1969 for the rezoning study, that it is the conclusion of the Subcommittee that the interior streets are not needed in that area and that the streets previously dedicated on Lots 4, 5 and 6, Auditor's Subdivision #108 be vacated. Upon a voice vote, all voting aye, the motion carried unanimously. 3e CONTINUED LOT SPLIT REQUEST: L.S. #69-11 , ELMER FLOWERS: Lots 6 & 7, Block-2, Gunderson Terrace. The petitioner was not present. MOTION by Myhra, seconded by Zeglen, that the Plats & Subdivisions- Streets & Utilities Subcommittee continue the item of the Lot Split Request, L,5. #69-11 , • Elmer Flowers of Lots 6 & 7, Block 2, Gunderson Terrace. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONTINUED VACATION REQUEST: SAV #69-03, GREAT NORTHERN RAILWAY CO_. : Streets and alleys in Block 6, Berlin Addition. Because the Standard Oil Company has a pipe line on the property to be vacated and had not responded to the City's letter apprising them of the proposed vacation, the item was continued. MOTION by Myhra, seconded by Crowder, that item SAV #69-03, Great Northern Railway Company , vacation of streets and alleys in Block 6, Berlin Addition be continued. Upon a voice vote, all voting aye, the motion carried unanimously. 5. LOT SPLIT REQUEST: L.S. #69-13 GEORGE L. WA IIIST: Lot 18, Block 1 , Spring Valley Addition - split off West 150 feet. 441 Central Avenue The petitioner was not present. Darrel Clark said that Lot 18 falls into two different zoning categories and the division line fall on the zoning line. Mr. Walquist wants to build a TaBtee Freeze on the portion zoned commercial which is 150 feet and fronts Central Avenue. The rear portion could not be built on until such time as access becomes available. The east portion could be red tagged. The alley, • between Mississippi Street and Rice Creek Road and abuts this lot, is 16 feet wide. Mr. Walquist had indicated willingness to dedicate land for a road whenever this lot would be developed. 36 Plamii, Co=ission Meeting - Ma 8, 1969 Page 2 . EIVE PARKS AND RECREATION COMMISSION MINUTES; APRIL 28 1969 • MQTIQN by Mittelstadt, seconded by Jensen, that the Planning Qommisvion xeooive the Parke and Recreatton Commission minutes of April 20, 1969, Vpon a voice vote, all voting aye, the motion carried unanimously. ORDFt OF AGENDA; Inasmuch as item 3 is directly concerned with Item 1, Chairman Erickogn ouggeated it be heard with Item 1. 1. INFORMAL PUBLIC MEETING; Area bounded by Onondaga Street, Stinson Do�alevardj 73rd Avenue and Hayes Street. �O 2. CONTINUED REZONING REQUEST: ZOA #69-02, GEORCE.M.�NFLSQ� N Q Lot 31, Auditor's Subdivision #129 except the North 125 feet, Chairman Erickson explained that a rezoning petition had been preoented by Mr. Nelson, and there had been some opposition before the Planning Commission. At that time, the request for rezoning was the entire paroel and the Planning Commission recommended denial, Mr. Nelson then changed the rezoning request reducing the size of the R-3A by putting six Rm1 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 ke abandoned and new access from Onondaga to 73rd would be disoussed, These is no proposal being suggested at the meeting, as this is strictly a discussion. Dennis Herbst (Lot 28) , 1482 Onondaga; My garage is within 2O feet of the Fast 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) , 1476 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 not worth much, but the land is worth money for apartment houses, He felt in the future, there would be all apartments, He was 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. i i ` lanniri^. Commission Meeti.n MaX 8 1262 pa e Mr. Jensen said the oriteria used by most planners is to change zonings . at the rear lot line so that single family homes would not faQ® uiul.t�ple 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 baok half of the North lot will be facing multiple dwellings, This ahauld be Dept in mind. Mrs, Leonard HJort (Lot 22) , 1434 Onondaga: We are against the xQzoni:ag. We like the land the way it is. Larry Gunn (Lot 27) , 1475m73rd Avenue: I do not want the road. I have paid $2►300-+ in addition to what has been added on reoently, 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 ae he was eQnoerned, 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 seeul to him you would almost have to have a street through there as it would give aooeps 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. r f Joe Saba (Lot 29) , 148 573rd Avenue: I would lose any 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 wQuld 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 ae soon keep the land the way it is, Another possibility is Lot 7, whJQh is a large lot with one small house. If that were rezoned, he would ,riot like to see a multiple dwelling oome in there. The feeling's of the Commission are that there should not be any multiple dwellings on Onondaga, It seemed to them; the majority Qf the people are against any road, in any direction, within the area au 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 & landl.00ked piece of property left in the middle. Chairman Erickson as Planninra Commission Meeting - May 8 1 6Pa e • said he dial 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, as far as the City is concerned, to rezone up to the residential lots on Onondaga would create a valuable increase in the tar. base. There is a real need in this general area for apartments. You now have a large oorporation ,right across the street and there is another Large plant ander 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 traff14, 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 oenterline 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 Mi,ttelstadt, 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 recQmmend 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. Mx, Nelson said they were thinking about proposing a plat for the lots on Onondaga, The six lots are 85 feet wide. 1f you are considering the street through the back of the lots, you must take into consideration the oost of the improvements, as you would have to sell the lQt to pay for the improvement and come out even. It 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, i i Plannin Commission Meetin - May 8 12a__ Pa � MOTION by Mittelstadt, seconded. by Jensen, that the Planning Commi$sion • table the proposed streets in the area bounded by Onondaga. Street, Stinson Boulevard, 73rd Avenue and Mayes Street and table the rezoning request, 20A #69-R02, George M. Nelson, of the N2 of Lot 30, N of Lot 31 , Auditor's Subdivision #129, except the North 125 feet for residential lots, Upon a voice vote, 411 voting aye, the motion carried unanimously, The Chairman asked that the item be put before the Plats & Subdivision$= Streets & Utilities Subcommittee for some discussion, not necessarily any. aotion. They should study Arthur Street continuing South. 3. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT P.S. 6 .-06 VEIT'S ADDITION LOND.A ENGLUND: That part of Lot 15, Revised Auditor's Subdvisicra 2 Iying 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 conetxucted 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. f 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 lane, 350 feet on the North line and 218 feet on the West, Therl j 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. 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 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. Upon a voice vote, all voting aye, the motion carried unanimous ly. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commis$ion • recommend approval of the proposed preliminary plat, P,S, #69-06, Yeit'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 14id I I� 1 1 - 34 Plats & Subs . -Streets & Utilities minutes May 15 , 1969 Page 3 4. LOT SPLIT REQUEST: L. S. #69-16 , WM. J . KAHLE : Part of Lot 1 , • Block 1 , Worrel s Addition. Mr . Kahle was present . The request is for a 151x25 ' piece of ground to be used only for a garden which abuts the East line of Outlot 1 owned by Mr . Kahle . As there would be no problem of easements for road or utilities , the descriptions as written in the letter from the office of Barna $ Guzy were studied . The Subcommittee agreed that a certificate of survey be waived as surveying costs would be higher than the cost of the land, and no buildings were involved. MOTION by Crowder, seconded by Zeglen, that the Plats $ Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of the Lot Split request #69-16 according to the drawing for such split as shown on the map and with the enclosure of that request , the legal description of the split as in a letter dated May 15 , 1969 from the law offices of Barna & Guzy, and also that the request for waiver of the certificate of survey be approved . Upon a voice vote , all voting aye , the motion carried unanimously. i , 5. CONTINUED REZONING REQUEST: ZOA #69-02 GEORGE M. NELSON: N 1/2 of Lots 30 and 31 , Aud. Su 129 except North 125 feet . Mr . George M. Nelson and Dennis Herbst (Lot 28) were present . The Engineering Assistant , referringto the Planning Commission meeting of May 8th, said that it was apparent that the owners of Lots 22, 24 , 26 , and 28 were nDt interested in having the back portion of their lots rezoned now, nor having a street , and as the hearing went on, they began to realize if a street went through, the assessments would be quite high and R-1 values would not make the land worth the assessments . If the lots were developed R-3 in the back half , then they would be put in a bind without the street . Nothing was resolved. If Arthur Street continued North, then more apartment traffic would go up to Onondaga. The problem is , if Mr . Nelson's request is granted, where is the street pattern terminated. The Commission wondered if the proposed street from the middle of the lots to the cul de sac, could be closed and the street continue between Lots 28 and 30 and the owners to the south would use 73rd Avenue . There is also the problem of frontage lots . Lot 24 , having a double frontage , would take twice the rate of assessments as Lot 25 which is to the south and would be served by 73rd Avenue . Mrs Crowder asked if the Planning Commission is looking to the Sub- committee for what they would recommend as a street pattern if Mr . Nelson's request is granted? Do we generally layout a street pattern anticipating a rezoning request and then get a street pattern? The plats & Subs . ,Str . & Uti.l . Subc. Mtg. - May 15, 1969 Pale 4 Engineering Assistant said that because the zoning is unsettled like it ( is , we should study different zoning possibilities . He was not so sure the residents realized sewer and water doubles the cost with the rezonin; down the half of the lots . It seems to be a matter of economics . 1 MOTION by Crowder, seconded by Zeglen, that the Plats & Subdivisions- Streets $ Utilities Subcommittee , based on the exhaustive study of the street layout contained in the rezoning request , ZOA #69-02 , George M. Nelson, of the North Half of Lots 30 and 31 , Auditor 's Subdivision #129, except the North 125 feet, recommend to the Planning Commission that , should the zoning request be granted, it must contain a provision for the 25 foot road easement on that portion of Lot 30 bordering Lot 28 . This easement is necessary to develop the street pattern as shown on the Proposed Street Layout of the Northeast Quarter of Section 12 to the West of Lot 30 . Upon a voice vote , all voting aye , the motion carried unanimously. ADJOURNMENT: MOTION by Crowder that the Plats $ Subdivisions-Streets & Utilities Subcommittee meeting of May 15 , 1969 be adjourned at 9 : 40 P .M. Respectfully submitted Qla HazeTOBrian Recording Secretary 32 "Af Flenning Co nniasion Meeting May 22, 196 _ Fn 710 �! The audience was informed this would be back on the agenda on June 11 , 1569. • 2. LOT SDLTT. RIQ,UEST: L.S. #69-14L STANLEY C. D_AHT,BFytG: Lot 11 , Block 2, Spring Valley Addition. Mrs. Stanley Dahlberg and Curtis Dahlberg were present. Mr. 14yhra said the action of the Subcommittee, was to approve the lot split as ohown 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. Curtis Dahlberg speaking for his father, said part of the area had lot splits on this order, and they wished to split for two buildipg sites. Mr. M hra stated the Subcom ' Y mzttee 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 lits, they could see that something would have to be Bono no there r•ras Wor road do.m the middlef o the block. Curtis Dahlberg said these lots would have to be split at con:o Limo. Ha 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 n later date. As lona as the logical street pattern is at the South edo) of the lbta, and they dedicate .25 feet why couldn't that be applicable�lior-stile noir? Y P� MOTION by 11ittolstadt, seconded by Fitzpatrick, that the Planning ..:.� i- Oo--MiOOion reeomnond to the City Council that tho Lot Split Rcgv-3st, L.S. 09-14, of Lot. 11 , Block 2., Spring Valley Addition by St_-.nloy Dahlbosg ba granted, . splitting tho North 144 feet of Lot 11 , Block 2, Sprlrg Falloy . Adaition. UPOn 0 voice vote, all voting aye, the cotion carried un n . csurjly. 3. CON'TTITUM, M01TR G RF-1.),tTEST: ZOA :1,169-02, GFO13CT3 M. PTELSON: IT of Lotc 30 . . and. 31 ,. Auditor'a' 'Subt�ivision :fir 29, except the North 125 feet. . Mr. George Tolson, .Mr. Howard Mo.vro and Mr. Dennis Herbat were prevent. ~ Darrel Clerk reviewed the previous meeting-a with the Subcommitteo. The .�,. ovnora of Loto 28, 22 and 24., really do not want their prop3rty zoned, nor a . roan, unlean they had a buyer A road for access out North or South would ' oatiefy them, but not at this time. The cjt�ceet undor discueoion was the West 25 feat of Lot 30 frc6 Onou aga . ...' Stroot Sou-'Ch to a point 25 foot South of the South lino of Lot 28. The roo �lo wore informed that if coitus and water.. were not aocconed a ,rain3t R-3 property the valuta of a lot could not Fay for the aocoscments. The came coat, .►. a000caod against R-1 proporty, would not be covered by R-1 value. Ur. I10oro said that Mr. Nelson could 7b3 agroeWble to the plea For tho coat 2.5 foot to tho South line of Lot 28. Thoy Mould roquest that the arca involved in the eaacment be credited to then and rete acd eventually. 'They would likOJo EAG0 come type of agreement worked out u1joro by if tho South 110 £cat of Loto 24, 26 sad 2a were oombinod into a cora-mon ownerolY ttr.t tho otroot could b-- vacated. . . 33 Planning Commission Meetins 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 o.gking for is that he wants a street and utilities easement so that "the ownership would still remain a part 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 coneer_ncd, 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 JQnaen, seconded by Fitzpatrick, that the Planning Commission recommend approval of the rezoning request, ZOA �r69-02, in its modified form from R-1 (single family dwellings) to R-3A (general multiple dwrellinn) 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 purpo3es on the West 25 feet from Onondaga Street to a point 25 feet South of the Southcaot cornier of Lot 28 and 'provide no vehicular access be allowrod from the multiple zoning to the street easement, and that such area of this said easement be allowed in computing density of the multiple duelling project .in the R-3A. Upon a voice vote, all voting aye, the motion carried unanimously. 4. TAT SPLIT RREST: L.S. #69-12, ARTHUR D_TYS: Lots 3 to 5, Block 7, Hyde Park Addition. Mr. 'Arthur Dey© was present. The Subcommittee recommended approval of the lot split with provision that the preoent 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 tray back on the lot. He would like tocbuild his new home this summer. The Chairman informed Mr. Deys an Ordinance was paosed so that a new home could not be built in front of an existing home on an adjoining lot. In order for �I .-Deys to build hia!,new 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 doom. Mr. Deys was asked to got a oortificate of survey because the Board of Appeals would not act without it. MOTION by Jensen, seconded by Mittelsta.dt, that the Planning Co�:iirscion table the lot split requeot, L.S. #69-15, Arthur Doya, of Lota 3 to 5, .F>locl: 7e Hydo Pack Addition, until 2,11r. D>>ys can provide a certificato of cui°voy. Upon • a voice vote, all voting aye, the motion carried unanimouoly. Mr. Deryo tras asked to notify Darrel Clark if ho vac ablo to obtwin the oertifi.cate of Burvey in time for the next Planning CoLrniiesion tooting on Wodnosday, June 11 , 1969. 0 PAGE 30 THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 Mayor Harris Pro tem called the Special Public Hearing and Workshop Meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Harris Pro tem lead the Council and audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Harris, Samuelson, Liebl MEMBERS ABSENT: Kirkham, Sheridan PUBLIC HEARING ON THE REZONING REQUEST (ZQA #69-02.) BY GEORGE-M--NELSON: (Generally located on the south side of Onondaga Street and west of Lakeside Road) Mayor Harris Pro tem read the Public Hearing notice aloud and asked for any corman;.s the City Engineer may like to make. The City Engineer :=_rr:a' e? the Council's memory by saying that this is the request that orig:_nally was for apartr..lent dwellings all the way up to Onondaga Street, but was reduced because of the wishes of the people and to conform with the reco7oiendations • of the Planning Commission in their study of the over-all zoning for this area. He then showed a map on the screen for the benefit of the audience. The pro- posal is for the north portion to stay R-1 along Onondaga Street. The City Engineer said that this request has been heard by the Planning Cosmission and they have recommended approval. Councilman Liebl asked Mr. Nelson if the land were to be rezoned, which way will the buildings face. Mr. Nelson replied they will face 73rd Avenue. He said that the Planning Commission had requested that they provide an easement of 25' on the west side of the lot from Onondaga Street to a point 25' south of the southeast corner of Lot 28. Mr. Moore, Attorney for Mr. Nelson said that it was his understanding that such area of this easement is to be allowed in computing density of the multiple dwelling project in the R-3A. He felt that this revised request would satisfy the complaints of the residents. Mr. Dennis Herbst said that he was the owner of Lot 28 and he would just as soon see it left as it is. There is a lot of industry in there already. Mr. Robert O. Persgard, 7430 Lakeside Road asked how many units there will be, how much they would cost and how the petitioner would answer the question of how these apartments would benefit the :---)mmunity. He said that he was very much against adding any more apartments in the City. Mayor Harris Pro tem informed the audience the' on this Public Hearing and all those following, there will be no decision made tonight, and that they will come back July 21, 1969. Mr. Nelson said in reply to the questions by Mr. Persgard that they will be 4 putting in as many units as the City Code will allow and that they had no �i I; ;S.PECIAL PU31.,TC• '::::.RING AND WORKSHOP MEETING OF JULY 14, 19.E PAGE 33_ cost estimates as yet. He pointed out that much of the area along 73rd Avenue is already zoned for multiples now. MOTION by Councilman Samuelson to close the Public Hearing on the rezoning request by George Nelson (ZOA #69-02) . Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Public Hearing closed. PUBLIC HEARING ON THE VACATION OF ALL THAT PART OF HORIZON DRIVE LYING EAST OF THE EAST RIGHT OF WAY LINE OF THIRD STREET N.E. (SAV 1#69-04) : Mayor Harris Pro tem read the Public Hearing notice. The City Engineer said that as the request indicates, this is for the vacation of a portion of right of way between T.H. 447 and 3rd Street that is no longer used for vehicular traffic. This would provide parking for two apartment houses and it the recommendation of the Planning Commission to vacate, but retain walkway easement to align with the signalization on T.H. #47. Councilman Liebl asked if by vacating, would the City still have the sidewalk for the children. The City Engineer said that the vacation would be of the right of u,-ay, but the City would still retain the easement. Councilman Liebl asked if a pedestrian bridge were to go in in the future, would there be a necessity of a condemnation. The City Engineer said no. Mayor Harris Pro tem asked about putting in a fence on the north side of the parking lot so it would not be at the same grade, and to keep the children walking away from the parking lot. The City Engineer said that the sidewalk would be about 1' to 1Y higher than the parking lot. There is also a 6' boulevard proposed between the parking lot and the sidewalk for snow storage, and the parking lot is to have a rolled berm. Councilman Samuelson asked if then, the apartments would have to do the improvements themselves. The City Engineer said yes, if it is vacated. The same owner owns both apartments. He suggested entering into an agreement and acquiring ease- ments for the sidewalks before the vacation. MOTION by Councilman Liebl to close the Public Hearing for the vacation of a portion of Horizon Drive lying east of the east right of, way line. of Third Street. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Public Hearing closed. PUBLIC HEARING ON THE FINAL PLAT MARION'S TERRACE, BY HOWARD CRABTREE (P.S. #69-08) : Mayor Harris Pro tem read the Public Hearing notice. The City Engineer showed the proposed plat on the screen for the audience, and explained that it is in the southwest corner of Riverview Terrace. The large parcel is being proposed to be split into 4 lots. The Planning Commission did approve the layout, but he would like to point out one consideration, in that two of the lots are to be served by a private easement. Here again, there is the question of the difficulty of getting financing ;_-. land not abutting a public street. Other than that, he said that the plat meets all the requirements. Mr. W.J. Engelhardt, 7120 Riverview Terrace asked if there was any consideration given to how close a house may be built to the river. The City Engineer said • not as such, but that the setback from the street must be compatible with the surrounding area according to the Code, however, this would not affect the platting. - E LTJ'' "'`.:.iT� 'r'TI?�': OF JUI:,Y 21, 1969 .'?!.GE •.4 � REQUEST FOR_RLNE"sIP.L OF BUILDING PERMIT, 5920 ANNA AVENUE ( DAVID CAROLL)_ • Councilman Li.ebl pointed out that all the information is in the Council Agenda, and that it was granted once before and said that he would have no objection to the issuance of the permit. The City Engineer said that the permit was approved in August of 1968. A building permit expires in 90 days. The applicant plans to build the building, then sell it. He said that he would recommend approval with the same stipulations. This would be just south of the present apartment buildings facing Anna Avenue. MOTION by Councilman Liebl to approve the building permit request for 5920 Anna Avenue subject to the same stipulations placed on them by the Board of Appeals and the Building Board and the Council last year. Seconded by Councilman Samuelson. Upon a voice vc-te, all voting aye, Mayor Kirkham declared the motion carried. 7� CONSIDERATION OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-02) Bx GEORGE NELSON: (Generally located on the south side of Onondaga Street and west of Lakeside Road) Mr. George Nelson Jr. was present and explained that this is for Lot 30 and the north , of Lot 31. There is 125' on Onondaga Street left for R-1 as a buffer. The area was shown on the screen for clarification. He said that he has agreed with the Planning Commission to leave a 25' easement to the middle line of the lots, if the rezoning is approved. This is in case they would want to put a road throuahin the future. Council- man Sheridan asked if the property to the south is Onan's. The City �- Engineer said yes, and there is also a strip of land already zoned R-3 along 73rd Avenue. If this rezoning is approved there would be a need for some right of way for access on the west side. Councilman Sheridan asked Mr. Nelson if the building would be located on this parcel of ground, or would it be used for parking etc. Mr. Nelson said that he did not know as yet. He said that there would probably only be one building "L" shaped facing Onan's. Councilman Liebl said that Mr. Nelson's father indicated that there would be R-1 on Onondaga Street and the building would be faced toward 73rd Avenue. He asked if -he felt that he would be providing an adequate buffer. Mr. Nelson said that there have been no plans drawn as yet. Mr. Dennis Herbst, 1482 Onondaga Street, owner of Lot 28 said that he did not want a 3 story apartment building right behind his house. Mr. Nelson said that he believed that it would be 2� stories. Councilman Samuelson asked Mr. Nelson if he understood that the rezoning would not go through unless plans and specifications are presented. The first reading could be held, but the second reading would have to be held up until receipt of these plans and specifications. Mr. Nelson said that he understood this. Councilman Sheridan asked how many units the present zoning could support. Mr. Plelson said about 40 and with the proposed rezoning, it would be 76. MOTION by Councilman Samuelson to deny the request to rezone by George Nelson. Seconded by Councilman Liebl for discussion. Councilman Liebl said that the south side is already zoned R-3, and further south there is Onan's. The City needs some 4rea that would give some pro- tection to the people on Onondaga Street. He has said he will build R-1 REGUIT R COUNCIL MEETING OF JULY 21, 1:'69 F'AGL 5 • T homes in the area fronting on Onondaga Street. Councilman Sheridan asked if Councilman Liebl is suggesting that there Lo building i rmit taken out for the R-1 portion bc,forP tl,^ c^,ron l r,_.-tdinq; of the. Cr_lii:a c" for added protection to th,2 -n Cnnrnl;--•.i S­­­7. C_ i1-:in L_:C said that is correct, r n.l t71-'. LE., ;,i that thcre will not he an adequate buffer. TETE VOTE UPON TFF MOTION, being a roll call vote, Samuelson and Kirkham voting aye, Liehl andheri.dan voting nay, Mayor Kirkham declared the motion PAIL121?. CL;;r cilr:.an Sheridan asried that further cons'_:­1-_rkti.c:: of this re.' uest be laid over until Courcil:uan Harris arrive, r r cl ifi��`.ioa of the Minutes, the di_scu.ssion fcalo:ai;_7 Ccuncilar._n I:arris' ar - r>)• to t:,e Council Meeting Will fci .low: N'_�TION by Councilman Samuelson to bring back the item of the rozoning request by George Nelson for reconsideration. The motion was seconded and upon a �1 voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimoulsy. Councilman Harris said that in light of discussions held previously, the fact ti;at he hac received telephone calls, and that there is a compre- Y.en iv-� Stu.',., to be uniertaken by the Planning Ccx:nlission on the entlxe -artmont problem within the City of Fridley, he dial not feel that he • cculd act favorably upon this rccruest. :IIiT: t Ly I GU:.:.'il_..in Sa!nuelson that this '" the study by the Planning CoTmr:ission ulnich will not b,2 cos;fileted until aljut September 1, 1969, he would MOVE for the denial of the reaoning request Ly George Nelson. Seconded by Councilman Harris. Councilman, Harris pointed out that this denial would not preclude his latr,. after the completion of the Planning Commission Stu Y. 2".'21con asked when that would be. Councilman Samuelson said that the Planning Conanission hopes to have their study done about the lst of September, it will be studied by the Council during October or November, so he could perhaps re-initiate his action about the first of the year. Council- ran Samuelson said that there were some questions in his mind concerning recue_:t, in that there were no plans cn what would be going in there, or v:hat if he should sell the land and the City would not have a,--'equate contrc'_. He added that he could stili build on the land now zoned R-3. Nelson said that he was told that it would be smarter to wait to see it the land could be rezoned, before going ahead and spending any money cn plans. The land as it is now is virtually useless because of the heavy assessments. Councilman Harris explained that he was not finding fault with his pl .ns, but rather that the Council would rather 4zait for the Planning Cowmission study before making any determination. i• :. F,:iz:;fin said that his cri_ginal proposal was to rezone all the way to Cno-:-Idaga. St. then it was cut back to satisify the people in the area. 11a if the Planning Com_nission did not take this into consideration when they recom- mended approval of the r(rluest. THE VOTE UPON THE MOTION, was as follc-es: Harris, Samuelson and Kirkham voting aye, Sheridarl and Liebl voting nay, MaYer Kirkham declared the } notion passel, and the request denied. Planning Commission Meeting - November 5, 1969 Page 4 mittee as shown on the drawing entitled "Anderson Development", revised edition of October 1, 1969 with the further recommendation that the final plat show proper sanitary sewer easement along the East/West line of the plat, approximately 250 feet South of the Northern boundary, and include appropriate utility easements as determined by the Engineering Department. Upon a voice vote, all voting aye, the motion carried unanimously. 3. VACATION REQUEST: SAV #69-11, MIKE O'BANNON: Vacate all streets and alleys in Block 1, Irvington Addition. Mr. O'Bannon attended the meeting, but was unable to stay until his request came up. Darrel Clark explained that the request was for the vacation of some old streets and alleys platted years ago as part of Irvington Addition and his plat, Heather Hill, will take the place of that old plat. The Chairman felt the vacation should not be granted unless all the people involved signed a petition. Mr. Jensen said the description should read "all streets in Irvington Addition with the exception of Rice Creek Road. The Engineer- ing Assistant said there was another lot, Lot 30, Block 2, Irvington Addition plus 30 feet abutting the West line of Lot 30. Mr. O'Bannon indicated earlier he had the signature of Mr. Ed Chies, but it was understood he was not the fee owner. MOTION by Fitzpatrick, seconded by Mittlestadt, that the Planning Commission recommend approval of the Vacation Request, SAV 469-11, Mike E. O'Bannon, for the vacation of the streets and alleys in Block 1, Irvington Addition with the exception of Rice Creek Road, subject to receiving signatures of all owners in Block 1, and those adjacent property owners. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REZONING REQUEST: ZOA 469-12, ROBERT V PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision. Rezone from R-1 to R-3A. MOTION by Jensen, seconded by Mittelstadt, that the Planning Commission set the public hearing date of December 3, 1969 for the rezoning request, ZOA 4469-129 by Robert V. Pritchard for the South 2/3 of Lot 4, Auditor's Subdivision 44108, to be rezoned from R-1 (single family dwelling areas) to R-3A (apartments only) . Upon a voice vote, all voting aye, the motion carried unanimously. 5. MULTIPLE DWELLING STUDY IN CITY OF FRIDLEY: The Chairman said that he had talked to the City Engineer and was informed the study will be ready for the next meeting, as they are making more studies of the commercial properties. No action. Planning Commission Meeting - December 3, 1969 PaEe 7 2. PUBLIC HEARING: REZONING REQUEST: ZOA #69-12, ROBERT V. PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision #108 Mr. Robert Pritchard was present and explained that the piece he was asking to be rezoned was adjacent to a piece 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 Planning Commission is committed to the street plan. The Planning Commission felt this street could be eliminated across lots 30 and 31. The design really would have an adverse effect on the neighbors by eliminating the section across this lot, Lot 4. In this case, Mr. Marxen has provided and others to the East have provided for street so the City must provide them an outlet for that street. This whole plan is 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 #69-12, 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 #69-02) : HARLAND 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 Hearing for SP #69-02, Harland P. Berry for a double bungalow in R-1 District on Lot 1, Block 1, Ostman's 3rd Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 4. MULTIPLE DWELLING STUDY IN CITY OF FRIDLEY: 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 asked if the report was of a confidential nature and was Planning Commission Meeting December 17 , 1969 Page 5 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 50-60 foot separation in grade . The screening provided would reduce the type of noise level for these homes in the area. The proposal will eliminate the presently industrial 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 until 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 . all voting aye , the Upon a voice vote Seconded by Myhra. p , g Y Y motion carried unanimously . 3. CONTINU EDPUB LIC HEARING : REZONING REQUEST, ZOA #69-121 S ROBERT V. PRITCHARD : out 2/3 0 , Lot Auditor' s Subdivision No . 108 . MOTION by 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, the motion carried unanimously. 2. CONTINUED PUBLIC HEARING: REZONING REQUEST, ZOA 469-12, ROBERT V. �j PRITCHARD: South 2/3 of Lot 4, Auditor's Subdivision No. 108. V 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 469-12, by Robert V. Pritchard, indefini.tly, the purpose being to put it off until further information is received to reach a conclusion. Darrel mentioned that the Planning Commission was getting close to the 90 day limit. MOTION by Fitzpatrick, seconded by Myhra, to ask the City Council to extend the Planning Commission 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 (ZOA #70-01) , NORMAN E. RIEDEL: On 5th Street to 7th Street, from Mississippi Street to 63rd Avenue N.E. MOTION by Myhra, 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.-Itiddel. PAGE 8 REGULAR COUNCIL MEETING OF FEBRUARY 16, 1970 Harris said that N.S.S.S.D. has made the check out, so it should not be too long. Mr. Richard Harris said that when he receives the money, then he will consider the deal consumated. He said that this land transfer has been in the works since 1962. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of February 4, 1970. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 11, 1970: A REQUEST FOR A A FOOT VARIANCE OF SECTION 45.053, PARAGRAPH 4B, SUB- PARAGRAPH 4A, FRIDLEY CITY CODE, TO REDUCE THE SIDEYARD REQUIREMENT ON A CORNER LOT FROM 17.5 FEET TO 14 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 15, BLOCK 4, MELODY MANOR 3RD ADDITION THE SAME BEING 7390 JACKSON STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY TRI-CO BUILDERS, INC. , 7561 VAN BUREN STREET N.E. , FRIDLEY MINNESOTA) : Board of Appeals has The City Engineer said that the B pp approved of the variance. This house will face Jackson Street and the driveway will come out on Jackson e Street, quite close to the intersection. He suggested flipping PP g the house over so that the driveway would be farther from the intersection. Mr. Ellerbusch said that the reason the house was planned that way was to take advantage of the south and southwest breeze. They are planning a driveway in and out. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance requested by Tri-Co Builders, Inc. , for Mr. & Mrs. Ellerbusch. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #25-1970 - RESOLUTION APPROVING AGREEMENT WITH STATE OF MINNESOTA FOR SIGNALIZATION AT I. 694 AND EAST RIVER ROAD RAMPS: The City Engineer said that the Council has reviewed the plans already. This agreement provides that the City shall supply the power and poles. This is a standard agreement with the State. MOTION by Councilman Harris to adopt Resolution #25-1970. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #26-1970 - RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA FOR SIGNALIZATION ON TRUNK HIGHWAY #47 AND 73RD AVENUE: The City Engineer said that this agreement commits the City to 50% of the con- struction costs plus 6% engineering fees. The City is to supply the power and poles. MOTION by Councilman Samuelson to adopt Resolution #26-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham dec- lared the motion carried unanimously. 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 COMMISSION MEETING 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 set March 9, 1970 for the Public Hearing for the Preliminary Plat and Vacation requested by Max Saliterman. Seconded by Council- 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 #108 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 REQUEST SAV #70-03, BY CITY OF MINNEAPOLIS TO VACATE THAT PART OF MARSHALL STREET AND 43RD AVENUE THAT LIE INSIDE WATER WORKS PROPERTYs 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 that he had not received any money. Councilman r l /r I Planning Commission Meeting March 4, 1970 Page 2 went. He indicated that there would be no access onto University Avenue or 73rd Avenue and that the access off the service drive would be 75 feet from the corner. The Acting Chairman asked for coumaents from the public -- there were none. MOTION by Myhra, seconded by Fitzpatrick, that the public hearing for the rezoning request, ZOA #70-02, to rezone Lot 1, Block 3, Commerce Park by - Steve Coddon from C-1 (local business) to C-2 (general business) and the public hearing for the Special Use Permit, SP #70-01 by Steve Coddon for an automatic car wash, gasolene sales and self service car wash, be closed. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Heskin said the automatic car wash would be masonry and have a Man- sard roof. Inasmuch as the Dameron, Inc. is a Southern Company, the plans of the buildings are now being adapted to the Minnesota climate and the Uniform Building Code. The building design and layout .would go before the Building Standards-Design Control Subcommittee. MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission recommend approval to the City Council of the rezoning request, ZOA #70-02, Steve Coddon, to rezone from C-1 (local business) to C-2 (general business) , Lot 1, Block 3, Commerce Park. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission recommend to the City Council approval of the Special Use Permit, SP #70-01, to construct an automatic car wash, gasolene sales and self service car wash requested by Steve Coddon, on Lot 1, Block 3, Commerce Park. Upon a voica vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: REZONING REQUEST, ZOA #70-03, GEORGE N. NELSON: The N-'� of Lot 30 and the Nl� of Lot 31, except the North 125 feet, of Auditor's Subdivision #129 rezoned from R-1 (single family) to R-3A (apartment and multiple dwellings) . MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission dispense with the reading of the Public Hearing Notice. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. William Merlin, lawyer for Mr. Nelson, Sr. and the Investment Company, explained that the rezoning request was approved by the Planning Commission last year and the Council had asked that the request be held up until the apartment study was completed by the Planning Commission. At this stage, they were especially interested in making the middle of the lots favorable for proper development. Mr. Nelson, Sr. said they would like to develop the South Half of the lots for apartments constructing the kind of buildings which would be an asset to the community and economically sound to operate. The area near R-1 would be used for parking and open space. They fee?_ there is a need for this type of units. Mr. Otto Schmid of Urban Planning and Design, Inc. explained further the plans for Lot 30. The rezoning request was for an R-3A District between a R-1 and R-2 District, and using the problem area in, the middle of the lot for parking and recreation. He continued that the most prominent thing or the Planning Commission Meeting March 4, 1970 Page 3 site of apartments is the parking lot and their design would have the parking lot pretty much out of sight by the use of berms to screen them. Mr. Nelson, Sr. answered Acting Chairman Jensen's query regarding an easement for street purposes saying they had agreed not to use the strip along the West edge of Lot 30 (7.5 feet back of the lot lire) so that in the event the property owners facing 73rd Avenue and Onondaga Street want to open access to the back of their property, they could. In the meantime, they would landscape the easement and use it until such time as the property owners would want a street. The Engineering Assistant referred to the garage which was built close to the lot line and would have to be moved if a street went through. The owner had stated at a previous meeting that he was not interested in getting the road now, and did not want to look out on the service area of apartments. Mr. Schmid continued they felt that if this land Caere allowed to develop by itself, it would end up as a problem area and would be developed in a haphazard way. If this were zoned for R-3A, a r,ore logical, better planned layout could be presented incorporating the landscaping and recreation, and as far as they could see, the homes around it would not be affected. Mr. Dennis Herbst, 1482 Onondaga, admitted he was the owner of the garage referred to earlier in the meeting. He asked, even if the street was left in, who would pay for moving his garage so that people could go through there. He could not see apartments. Mr. Myhra asked Mr. Herbst if it would be possible to sell the back part of his lot without moving the garage. Mr. Herbst said it George A. Hanson, 1476 Onondaga, said he was not in favor of apartments. In the event they would have to sell off the back of their lot, they would be selling to people who would want to build homes, but he was not sure they would if surrounded by apartments. The land was zoned R=1 before their request for R-3A and the petitioners were well aware of that fact. He did.:. not think this was proper. He felt it would devaluate the surrounding properties. He felt the Planning Commission, by approving the rezoning, would be encroaching on residential area, and planning a future ghetto. The owners are trying to maintain single family homes. Gordon Gnasdoskey, 1491 Onondaga: he said he lives in Flanary Park. There are lots of children using the park and it creates an awful lot of traffic. They moved from Minneapolis to get away from apartments. If apart- ments are put in, there will be more traffic. He would not want to see a nice area spoiled by apartments. Everett Schmidt, 7400 Lakeside Road: He reported that all the people in the area are against the rezoning. Robert Persgard, 7430 Lakeside Road: He said that this was the third time he came to the meetings to object to the rezoning. He stated this was a residential area and there are new homes going up and it is a potential market for more. There is always room for new homes in the area. Planning Commission Meeting March 4, 1970 Page 4 Mr. George Hanson: He attended the meeting last year for the rezoning and then the request was tabled to another meeting. He works nights and has to take time to come down to City Hall and it costs him money every time. Mr. William Merlin: He stated they had considered the possibility of an East/West street going through so they would not be sitting with a large piece of property that was landlocked. He knew Mr. Nelson was doing everything pos- sible to avoid hurting the neighbors. Whatever kind of screening was necessary to make the site look nice, they would want to do. They are proposing to sink the parking lot to improve the site and use screening. If the people would like something further in the way of screening, they would cooperate. The Engineering Assistant explained that there was no definite dedication for a road, but there is an overall plan which includes a street from the East to the West. Mr. Nelson, Sr. said, that as far as the lots on Onondaga Street are con- cerned, single family dwellings are being platted, but the trend is to more multiple dwellings, partly because of the very difficult money situation in financing private homes. As far as having access to run through people's yards, they have agreed to an easement on the West side of Lot 30 and this would permit anyone to go through. Mr. Hanson said that he did not know who would buy property from him if there were apartments all around him. Mr. Nelson, Jr. stated that improvement cost for street and utilities would make this land so high priced that it would be difficult to sell. Mr. Hanson objected to the petitioners buying land on the assumption that it would be rezoned. He said the people there already had $4,000 assessments and that the petitioner should be able to pay the assessments without rezoning-- the same as the rest of the people had to. In discussing the disposition of the rezoning request, Mr. Fitzpatrick stated that this was the tenth time this area had been on the City Agendas. The Planning Commission does have a problem in that it has recommended approval of this same request a year ago. The motion from the Planning Commis- sion minutes of May 22, 1969, Page 5, was read by Acting Chairman Jensen. Mr. Myhra reviewed the past action of the Planning Commission when the motion to recommend approval of the rezoning request was made unanimously, referring to the proposed street pattern study made by the Planning Commission for this area if, and when, it was developed. This pattern would enable the owners of the large lots, which face Onondaga and 73rd Avenue, to sell off the back part of the lots and have street access to either Onondaga Street or 73rd Avenue. The property on the South side of 73rd Avenue was industrial and the property North of Onondaga was residential. This rezoning request provided an R-1 strip facing Onondaga, and the piece facing 73rd Avenue would be R-3A. There were also further stipulations regarding easements. Mr. Hanson had stated that he worked nights and took time off from work to attend the meetings, and this was an unnecessary hardship coming four or five times. Planning Commission Meeting March 4, 1970 Page 5 Acting Chairman Jensen explained that in-stipulation #1 in the prccdous motion recommending approval of the rezoning request, consideration was given to the road pattern that would be required if the property owners desired to sell off the back portion of their lots without rezoning. The Planning Commis- sion has kept the master plan open for this possibility. He continued that the only .way for a person to determine whether a rezoning would, or would not be possible, was to apply for rezoning and anyone who owns property in the city of Fridley has the privilege of coming 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 Myhra, seconded by Fitzpatrick, that the Planning Commission continue until ; 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 will not be held at that time. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONTINUED PUBLIC HEARING: REZONING REQUEST ZOA #69-12, ROBERT V PRITCHARD: The South 2/3 of Lot 4, Auditor's Subdivision #108 to be rezoned from R-1 (single family) to R-3A (apartments) . 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. He then asked permission to continue his rezoning request to the February 18, 1970 meeting in order to get together with Mr. Nelson and the other property owners to try to develop the area as one piece. MOTION by Fitzpatrick, seconded by Myhra, that the Planning Commission continue until March 18, 1970 meeting the rezoning request, ZOA #69-12 by Robert V. Pritchard of the South 2/3rds of Lot 4, Auditor's Subdivision #Z08 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 successful in his plans, there will be further delay because a new public hearing would have to be held for the new request. 5. LOT SPLIT REQUEST: L S. #70-02, EUGENE BONNETT: The rear 101 feet of Lot 4, Block 1, Nagel's Woodlands. The Engineering Assistant explained the background of the area. Four lots in this end of the plat were owned by Vi Nagel. Jamison constructed the telephone building on Lot 1 and the easterly part of Lot 4. A lot split was approve at that time for Lot 4. Mr. 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 Lots 1, 2 and 3 and the North 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