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ZOA79-03 CITY OF FRIDLEY MINNESOTA ANN NG AND ON C1_>� NUMBER ?�a3 � TYPE OF REQUEST APPLI NT'S SIGNATURE " ` I/ Rezoning IO DSSn2Nc D Address , Special Use Permit Telephone Number LFApproval of Premin- inary $ Final Plat PROPERTY OWNER'S SIGNATURV ' C Streets or Alley Vacations Address 750 -1 VNiilce& -r y PJ6 Other Telephone Number 7 k-1 -3-1790 Fee Receipt No. 5595: Street Location of Property 7 Scl ct vN ,J c-2 S WJE. Legal Description of Property Lt A; C T Iq SF C /�rTA � NME-n17 Present Zoning Classification Existing Use of Property S p(,nJ LE Acreage of Property 0. ty I 0cj2r5 Describe briefly the proposed zoning �lass'fica n ort e of use and improvement proposed �'R-) P �- YP D P P P -t. D.. - V 5�n1G- Cais� �nl(r Ui fZ-4JLillfL-t:/ AnJD Fut 0IJAL QFr'ICLS Mp 1N5C—TC . -- /v0 iZAP�cpc CHPIAJ&C ,+J ZL).L-a, G-. Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes x no. What was requested and when? a. The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) 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 proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. /-- DATE SIGNATURE . �� ✓` (APPLICANT) Date Filed Date of Hearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied 7S ZOtt s , T� A_,r,�_ nit • !Kx Z 0 ej I m c DESCRIPTION UNPLATTED CITY OF FRIDLEY RALPH E3 ANDS ELSIE W LYNN TH PT OF NE 1/4 OF NW 1/4 DES FOL bEG AT THE Nw COR OF NE 1/4 OF NW 1/4 TH S ALONG W LINE THEREOF 448. 35 FT TH E AT RT ANGLES 99.86 FT TO THE PT OF BEG OF THE TR HEREBY TO BE DES WHICH PT IS THE ELY LINE OF UNIV AVE AS PROPOSED TH CONT E IN A STRAIGHT LINE 170.36 FT TH N AT RT ANGLES PRLL WITH THE W LINE OF SD NE OF NW 1/4 A- DIST OF 240.4 '•FT MORE OR LESS TO THE CEN LINE OF THE OSBORNE RD AS NOW LAID OUT b CONST TH SWLY ALONG THE CEN `LINE OF SD RD 169083 FT MORE OR LESS TO THE E LINE OF UNIV AVE AS PROPOSED TH S ALONG THE SD ELY LINE THEREOF 208.7 FT MORE OR LESS TO PT OF BEG-SUBJ' TO RD EASE OVER NWLY 33 FT—SUBJ TO EASE TO ST OF MINN FOR H'WY PER tics—PENE)E;rb FILED —SEC 11-30-24 Final Cert. 1. 00 20 16— 6 9/15/69 , RESIDENTIAL SEASONALRES REC. �__.�OTHER--_________ ___ j ASSESSMENT SUMMARY77'7727177 ' ggei EK HOMESTEAD REMAINDER HOMESTEAD REMAINDER SEAS. RES. TOTALl + LAND STRUCTURES TOTAL 25% 40% ZO% 33%j% 33y3% /SS ,i PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 23, 1979 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #79-03, by Robert G. Hays, to rezone from R-1 (single family dwelling areas) to CR-1 (general office and limited business) , that part of the Northeast Quarter of the Northwest Quarter described as follows: Beginning at the Northwest Corner of the Northeast Quarter of the Northwest Quarter; thence Southerly along the West line thereof 448.35 feet; thence Easterly at right angles 99.86 feet to the point of beginning of the tract hereby to be described which point is the easterly line of University Avenue as proposed; thence continuing East in a straight line 170.36 feet; thence North at right angles parallel with the West line of said Northeast Quarter of the Northwest Quarter, a distance of 240.4 feet more or less, to the center line of the Osborne Road as now laid out and constructed; thence Southwesterly along the center line of said road 169.83 feet more or less, to the East line of University Avenue as proposed; thence South along the said Easterly line thereof 208.7 feet more or less to the point of beginning, subject to road easement over Northwesterly 33 feet - subject to easement to State of Minnesota for highway purposes filed 9/15/69, all lying in the North Half of Section 11 , T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 7599 University Avenue Northeast Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: May 9, 1979 May 16, 1979 Planning Commission 5/8/79 City Council 6-19-79 MAILING LIST r ZOA#79-03, Robert G. Hays 7599 University Avenue N.E. Robert G. Hays Mr. & Mrs. Marcus Baukol Mr. & Mrs. Kenneth Bloom 310 Osborne Road N.E. 315 76th Avenue N.E. 330 Osborne Road N.E. Fridley, Mn5 5432 Fridley, Mn 55432 Fridley, Mn 55432 Ralph B. Lynn Mr. & Mrs. Robert Blosky Mr. & Mrs. Ezekiel Moreno,Jr. 7599 University Avenue N.E. 305 76th Avenue N.E. 320 Osborne Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Fridley, Mn 55432 American Oil Company Mr. & Mrs. Bradford Gullickson 4940 Viking Drive 7573 University Avenue N.E. Minneapolis, Mn 55435 Fridley, Mn 55432 Osborne Properties Mr. & Mrs. Warren Osborne Zoning Administrator 525 South 8th Street 7565 University Avenue N.E. City of Spring Lake Park Minneapolis, Mn 55404 Fridley, Mn 55432 1301 81st Avenue N.E. Spring Lake Park, Mn 55432 Jay Benoy Mr. & Mrs. Bohdan Jankowski 7574 5th Street N.E. 7553 University Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. George Johndn.ix Mr. Duane Olson 7566 5th Street N.E. 7549 University Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Jerry D. Larson Mr. & Mrs. Vincent Lanners 7557 4th Street N.E. 7550 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Harold Sorenson Mr. & Mrs. Roland Evans 7565 4th Street N.E. 7558 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Frank Davis Mr. & Mrs. Robert Wilson 7573 4th Street N.E. 7566 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. James Nalezny Mr. & Mrs. Frank Waks 350 Osborne Road N.E. 7574 4th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Vernon Godeen Robert Schroer 375 76th Avenue N.E. 490 Rice Creek Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Third Stokely Corporation George E. Wilder United Virginia Bank Building . 371 76th Avenue N.E. Richmond, Virginia Fridley, Mn 55432 Dorothy Johnson Carl Wahlstrom 340 Osborne Road N.E. 347 76th Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 $ 3 S UN res T-� Nv- s2E Z� ,OJ r AFP L Q Root-2T J, cos K-y 3O S - 7h f} AJt P-P D L I�7- CO u.-I C4-50 AJ -7 S? 3 clN, Er 2s 1 ry pll/ /tJC 3 Fc&-rj t- M . '-tj ASS f 75 7 y `tom Sr. AJ&�- wq 2,-e&)A,OS&O P-AJ & 7S & 5- U N, ✓ c,-/a r y A) �J/L-so/J 75 & �o - ��' Sr , AJ (° 1�08E2� � , 14AYE.S 1 3/0 2D '? MAZCOs M $fw K-01- /9-IA N& C Z-t 161 E C._ M a 2E=to p / �a o O& B o 2n16 W b O p c 2 ST 496PTi sl C bf'. 2 c.f-+ PN+2s tW tit 3 3 3 - 7 (o Ln IJ C C fl-2L hll-f-c-5," M 3q -2 — -26, r 'I Z D. -,J 014-11 s o ry , 3 '40 Os2ol2Nc- P-.c> \ G.�o 26-F E_ , w t L..Dc�2- / - 7 & r-"? 19-V& � J6- �/ i4 L/�>v T Administrative Office C, 6500 Barrie Road, Suite 100u-ne*s REALTORS Edina, Mn. 55435 • 920-9330 South Office West Office Burnsville Office North Office 7412 Lyndale Ave. So. 3554 Shoreline Dr. 1171 East Cliff Rd. 13025 Central Ave. N.E. Richfield, Mn. 55423 P.O. Box 8 Burnsville, Mn. 55337 Blaine, Mn. 55434 866-3025 Navarre, Mn. 55392 890-9720 757-1940 471-8575 05 dor rJ E IZ -� l I t31 i `�/ C -7& A �x,sTi�UCr :5 rwC,Tt)/Z� lb Q �(a X <a�i PfLt SC-n1Tt-�/ A (2t SDCNL n / �"nJT r y 5 LDC ( N, - AfiP i s,o- LU 711 S c c AM9 .cr+ - e`D s. o f AD�J 0 k) w n w 10 E 25 Z �I L� v N -7 5 9 q 0 tj t P-S 1,r t=. 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OKA NMI logo 11111111 kkmfd ­q ON! _ ©jam© p ti g mpR:►� �OD900D0Q � � • r�,rr�r� . �y .•� ®� o, yr i�Gim®mm�J_� a 0 due ►• � CUPF2r►✓�®O Ap D®4IBM, bOEIl �Oao 000 OQl00® � . o ®MOMMOD 4yn.•.nv IS W. �-•� � �pD�� � � / �� %a e'�6� ���Ooy�� .�rg•m�JmG�7C� �..,;,F. �m�o c ��� 0 •�� � r� � mo 0o mo nE�000:_a r o. 1A''® •D s �;� z �� ii a o���mcmomm�m ®m000eeoo� lba�l a®�g ' � Or �, fj►�� -� a w,� X91®�Q�1-Q^z0"�l�® .� AN�a. vomml • ��. ��vwl.i bM`; �, � �I�oo■ggo ©©n By locating the conflicting intensities and examining all presently undeveloped land, special study areas are established and planned within the framework of the goals and objectives of the .City. T* s►n, "`, • 1 � MG 1 ax "oo Fw. All Int E * 5 _ a {; ` COMPREHENSIVE i LAND USE PLAN arellsrRlu � ((� COMMERCIAL -�`- MULTI—TAMILT IRSNENCE a SINGLE MARY RESIDENCE PUBLIC AND SEMI—MIDAIC Ll AND USE PLAH IIIIIIII (, j> 7 9-el 3 Pu bcr7_ 4,4 y s �5y9 U� � vo►-s� 7'y 'To _T G f t1 rc ss _ mGA . At g �. /,•, :Ile0N4 ,.,., 31s2PLI�� 'Q CrX9,9 7Q^ �'psf��.ply,��•i F /� /�©gyp •./RY t t+i! phi •�70 �oG -w 7f V��OR N7t' 1J 1/ r 4a". 6 .,,.''1 1(4 e -l�y`� -- �-�''� .,° i�;+. w 4 1 8 0• 'IRS T, «'', „' •rv• 'r" �. � yz �� 3 ss 4: a'�'N0a' 400 v M1' O ,Z ap -,��o N :�� w; x,0,3 �� R 1 o $ 0 B� U v� � k. - � � �,.^ i JsStt�•'- �y7ooj ��� W~ +S +.i/hQNSK.a 1� n " yl PZ 2 y, 6401. �4't` • , „ 1 Y ,� '� z j J<Ry e I'd i✓ ,�.. r ',. .._. :W-:ns.�.- l'1q"s '3\7y1� �C I � I`s ee�r�s °'•��i°.e t;. 4 . q� ��A f 33 A•� 3t�` i� ,1816 1.0 ,, } v •$/j i 3 i ,yF .14 76jif V. rr ,ie) T, ,►f a ' -7573 -75`74 a i !S f :,+' e� ' `.a '• i.. 5 d 3 n R N M fu � : 7565 0 1564 --- c Z ss _ . us -7557 ' 7558 c l�vr� 7557 �"► W a /e f $ Wcm �. p (/Cr_ / +b•o wq�, I y n nc ° hds Z es i i/f- ucs Z 7549 75SO i -7549 iN'tw',w W .. .,Jf.____ _ Jt..._ w o W 75A► ? 7542 W 7540 QG k '° V! e u o -f •z � � ns _.vf__ 75 t CO 7 o)s K x ?517 0 if A L , 157 If 75 ti 7 D 9 75 0 �7 " 7501 15007 wr i tiw nd/ 1'10 ` .. ' ►•.. •SCO f,:•r•,Iy sn 4-1" ' 7 Ss y e JJ r (lrw j 1 Rf Fl N M 450 i'V �♦ i p 4 o w ra it t � >! .'.�.+.w C.r.•d+r+ex e � �8 � � � a 7441- 1444 f w 741 uj '7420 4Q0 ,. Ik f��ra > „ 1 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, May 23, 1979 in the Council SUNNEWSPAPEIRSO Chamber 7:30 P M for the purpose of: Consideration ation o[ a rezoning re- quest, ZOA #79-031 by Robert G. Hays, to rezone from R-1 (single family dwelling areas)to CR-1(gen- eral office and limited business),that part of the Northeast Quarter of the AFFIDAVIT OF PUBLICATION Northwest Quarter described as fol- lows: Beginning at the Nothwest Cor- ner of the Northeast Quarter of the Northwest Quarter;thence Southerly along the West line thereof 448.35 FRIDLEY SUN feet; thence Easterly at right angles 99.86 feet to the point of beginning of the tract hereby to be described which point is the easterly line of University Avenue as proposed; thence continuing East in a straight line 170.36 feet;thence North at right 5211 Central Ave. N.E. Fridley, Minnesota angles parallel with the West line of said Northeast Quarter of the Northwest Quarter, a distance of 240.4 feet more or less,to the center line of the Osborne Road as now laid out and constructed; thence South- westerly along the center line of said State of Minnesota road 1 feel more less, the East lineine of Universityty Avenue as ss. proposed;thence South along the said County of Hennepin Easterly line thereof 208.7 feet more or less to the point of beginning, subject to road easement over North- westerly 33 feet-subject to easement to Stateof Minnesota for highway purposes filed 9/15/69,all lying in the North Half of Section 11,T-30, R-24, City of Fridley, County of Anoka, Q111 R Ll::,_,g Cn.N Minnesota. 3-R eti*Y, being duly sworn, on oath says he is and during all times here stated has Generally located at 7599 Univer- been the vire-president and printer of the newspaper known as Fridley Sun and has full knowl- sity Avenue Northeast. Any and all edge of the facts herein stated as follows: (1) Said newspaper is printed in the English lang- persons desiring to be heard shall be given an opportunity at the above uage in newspaper format and in column and sheet form equivalent in printed space to at least stated time and place. 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. RICHARD H.HARRIS (3) Said newspaper has 50% of its news columns devoted to news of local interest to the com- CHAIRMAN COMMISSION munity which it purports to serve and does not wholly duplicate any other publication and is (May 9&It,COMMISSION FRID not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circu- lated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve the Cities of Fridley, Blaine and Coon Rapids in Anoka County, and Spring Lake Park in Anoka and Ramsey counties, and it has its known office of issue in the City of Fridley in Anoka County, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association re, plicable payment. (8) Said newspaper has comr' one year preceding the day or dates of publir filed with the Secretary of State of Minne, thereafter an affidavit in the form presc managing officer of said newspaper and paper is a legal newspaper. He further states on oath hereto attached as a part hem and published ther that it v, • File No. Affidavit of Publication FRI DLEY SUN 5211 Central Ave. N.E. Fridley, Minnesota In The Matter Of CITY OF FRIOLUY, SUBJECT MINNti9DTA COMMISSION APPLICATION I Ueportmc U siom tJumUer lieu i�qe Approved Gy Uato FILE NO.09 ADDRESS FILE E .._..._ COMPLETE REVIEW CHECKLIST � r4 ;7 /`'"er RETURN TO PLANNING DUE DfTE .__. . .. COMMENTS a r r a ) Mee 0 P PnswlO QI,er- qL S 1#sF� w 1�1 � Pw'Rltn`J� Ec-r �Z� �U I�Or v0 SHOp�Q ArIR.� �r�4r�lt Cick Cuod Rttau lagwoors For. -.q'q*0t&0. El 1CC e SS off 05 Bo/�"G . •L'T0 �,eep-rrl-,. 7y c l V .A t� I CITY OF 1RIDLEY PETITION COVER SHEL'T Petition No. 7-1979 Date Received May 30, 1979 Object Against rezoning of 7599 University Avenue N.E. , Fridley, MN 55432 Petition Checked By Date Percent Signing Referred to City Council dune 4, 1979 Disposition ___ 5 V\1 714c.= bAvDE2s (c-,Nc-p Do tJo - c orscq To 5 ot-u TOE- RE-Z ©pig n1�, � � Z'��4-�z '7 � -tom © ►�. `759 UA-) V&-Q 5 t T y t9 u E N. A/4r✓� A 1)D 2 mss TE L- ov ►�% 7-��-5 24,� 7,9 S7 &.?/,I 75 7.:3 Z4-t v, Kl tr 7P -o PL 7,5qP, q4-L rU - 781-1-33,-�),c? l ? Z��� �✓� •�s- y� �� ST. N • 76 G a a s 7J Y 10 sz PLANNING COMMISSION MEETINGS IIJAY 23, 19_79 PAGE l Mr. flora stated that he was the neighbor that -would probably be most affected by the increased traffic. He was in favor of the barricades remaining for that reason. lie stated he had no objection and understands the problem of a single car garage. He stated that the petitioner would use it as a garage because he has a pickup, a car and a camper. ! Mr. Oquist stated that if the petitioner took, the door off the existing garage, he could get a building permit. Mr. Boardman stated he would have to get a variance. Ms. Hughes noted that the neighbors in the audience had made no comments. One neighbor stated that they would have no objection to the garage if it was the proper distance from the lot line but would be very discouraged if the barricades were removed. She stated they lived next door. MOTION by Ms. Hughes, seconded by Ms. Schnabel, to close the public hearing. UPON A VOF E VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 10:16 P.M. MOTION by Ms. Hughes, seconded by Mr. Treuenfels, to recommend to Council approval of the request for a Special Use Permit, SP #-(9-0;, by James Larson: Per Section 2.05.052, 21 A. of the Fridley City Code, to allow construction of a second accessory building, a 24 ft. by 26 font detached garage, on Lot 4, Block 2, Rice Creek Terrace Plat 3,, the same being 6740 4th Street N.E. Ms. Schnabel stated that she had a question regarding the size. This proposal is for 624 square feet and if we are going to be consistent) we should consider the size of the building. Mr. Boardman stated that 400 square feet would be pretty tight for a double garage. They should consider the use of the building. Mr. Oquist stated that he only had two cars but wished he had that large of a garage. It was a large lot, it would sit in the back, and there was no one behind him. He felt this was different from the previous request. Ms. Schnabel stated that the proposed garage is larger than half the size of the original house. The house is 25 by 44 which works out to 1100 square feet. Mr. Oquist stated he didn't think that was unusual. 24 by 26 is a nice size garage. Ms. Hughes stated that she felt this would enhance this particular piece of property without going overboard. She would agree if there were different circumstances behind there. There would be no chance of anything different behind it. Mr. Harris stated that in the past, some of these large accessory buildings end up as a commercial enterprise and that would be his objection to a large accessory building. PLANNING COMMISSION METING MAY 23,1979 - PAGE 16 12 Mr. Oquist stated that could happen in a 20 by 22 garage too. Mr. Harris stated that was more unlikely. Ms, chnabel stated. that the Fire Department and. P ... e Department should be aware of the -rricade should they need to get an eme ency vehicle back there. Mr. Bora sta d that was a good reason f keeping it as a service road rather than vacating i Ms. Scluiabel stated s would b more comfortable if the petitioner were here. Ms. Hughes asked if this d be delayed? Mr. flora stated would be in t . hospital for about 3 or 4 weeks. He planned on hiring a c tractor. M's. Sc. el stated it was difficult to c y a Special Use Permit. UPON A VOICE VO'T'E, ALL VOTING AYE, CHAIRMAN IIS DECLARED TIIE MOTION CARRIED UNANIMOUSLY. 5. PUBLIC T-'.<111G: REZONING REQUrS LOR 'T9 03, �Y ROD R-T G. ffiVCS: Rezone r rcel 2'(00 �, cnn in uI IaoCu?i I .L _ n l�, I 3c�, l� 7 City oi' Fridley see Public Hoaxing aunt i.ce i'ox complete i ega i) f rom R 1 (s cn€;le fanii.J_y�dtrli e"eczs i:o CR-lt;r;n.ei1 0' Re an '�imi�ea bttsixle::s� �tlze SUL.( belA,Z'( 99nJILVf-.rsity iiyenue i'` MO TTO01, by Mr. Oquist, seconded by Mr. Treuenfels, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE) CHAINS AN HARRIS DECLARED THE PUBLIC HEARING OPEN IiT 10:30 P.M. Mr. Board.xnan stated this was located on the southeast corner of Osborne Road and University Avenue, off the service drive. There is presently a single family structure there with residential around it. At this t:im:,, there is no Commercial zoning. The lot itself is 23,450 square foot. Page 63 of the agenda shows they would be using, the single family hone as the office with parking behind it. At this point in titre, Staff would recoimmend against this request because it is spot rezoning which is something the Planning Commission and the City are trying to avoid. He wotul.d reconanend they maintain the residential character of that area. Ms. Schnabel asked what page 63 showed? Dur. Boardman stated that page 63 showed how the parking would be behind the house and page 64 showed how -the house is situated on the lot. There would be a 20 foot driveway. There would be access to the service drive and to Osborne Road. He was not sure there was enough room behind the house considering the building is 23,000 square feet. There is about 60 feet behind it. It's a large lot, but he felt it would be spot rezoning and detremental to the neighborhood. -LANNING COMMISSION IU',LTING, _n-2-3-L-1 9M PAGE 1 14 Ms. Schnabel asked what the width of the house was? Mr. Boardman stated it was about 26 feet . t Mr. Oquist asked if they had the required number of parking stalls? Mr. Boardman stated they did, for that square footage. Mr. Ed Babcock came forward and stated that he was the petitioner's attorney. He stated that he represented Mr. Ralph Lind. Mr. Lind was unable to attend because i of recent surgery. Mr. Lind is retired and would like to sell. Ile found that the best use was no longer residential. Mr. Babcock noted that there was strip zoning along University Avenue and that it had an effect on the other three corners of this intersection. He felt this property would not have it's full value as a residence because of what exists on the other three corners. He noted that in the ordinance the word "transition" is used for CR-1 zoning. In other words., CE-1 He and residential zoning. ' ween commercial zoning should provide ,a transition betIf site and not as usual spot zoning. his as a unique e mit suggested they look at t �, it were an inti , erior lot it would be different. With respect to barrier, on the south side there is a board fence and on the east side there is a green hedge. Mr. Bob Mays owns the house to the east and he is in the real estate business, with News Reality. News Reality has the listing on Mr. Lind's home. They have not y _� entered into a purchase agreement and do not have a purchaser. They have had interest in the property and it would appear that this would be a real estate office. It would not be purchased by News Reality. They would be willing to comply with any conditions imposed by the Commission. Mr. Oquist asked how they could be sure it would be a real estate office if they didn't have a buyer? Mr. Babcock stated that a real estate business is very interested. Mr. Oquist stated that he understood his point regarding spot zoning and even though it is not in the middle of residential, it is at the start of it. Mr. Babcock stated that he felt the corner lot was affected by the commercial more than any other lot and it would serve as a transition. Mr. Boardman stated that he felt the corner lot was more affected by traffic than commercial and the same point could be used for all the lots along the service drive. All the lots to the south are affected by traffic, access, lights, etc. If they put that house on the market as a single family residence, it would be sold that way. There are houses being built along 694 and also along the Burling- ton lines that are affected by traffic noise and those homes are being sold. By starting commercial along that service road they would have major problems as far as access on to Osborne. Any corner development would spread along University and they would have another strip commercial development. Also, this zoning is not consistent with the Comprehensive Development Plan the City adopted in 1974. PLANNING COMMISSION nEE,TING, MAY 23, 1.979 - PAGE: 1.8 +L„J Mr. Babcock stated that he felt there was more exposure on the corner and did not feel it would necessarily put them in the position of rezoning the lots to the south. Mr. Oquist stated it would make it more difficult; and it is the start of it. Mr. Boardman stated that if the Planning Commission approved this, they would have to look at the road system. They would need more of a loop access for the intersection of Osborne and University. There are going to be changes on that intersection that will require some medians, right and left turn lanes and those types of 'things. If rezoning is approved in this area, and he would recommend against it, 'then he would recomrrAend a portion be dedicated for a loop-back system and that the present structure, the way it is presently set up, not be allowed to be utilized. He felt they would have to look at selling that structure and removing it and developing something along that site that would meet a road pattern system. If we start developing commercial, this street pattern will riot service it. It will have to be changed. lie would like a commitment on the service drive and the setbacks for the loop-back system. Mr. Babcock stated they wculd try to meet the conditions. He would have to consult with his client. The lot dimensions are 135 feet on the west, 215 along the east by about 130 feat. Ips. Frank Waks, 7574 4th Street NE, stated that the people in that two block area were responsible for the rezoning from Rice Creek to 73rd. Mr. Lind was in on that petition. At one time, a trail.or court was proposed for across the street. Mr. Lind was ill on the petition to stop that . He felt the roadway they were con,-,J.dering along the back Mould be a fine transition for Mr. Lind, 'but not for the other 5 property owners along there. Mr. Waks stated his property was 200 feet from Mr. Lands. They had ea gentle:nien4 s agree,,-nant that 5th Street would not be used to get to Unity Hospital. He stated he couldr.tt see taking that home, vrhich is a. beautiful brick home, and making it commercial. The other 5 property owners would suffer more than Ivir. Lind. Ms. Lorraine Blosky, 305 76th St. NEE stated that she lives behind the fence. She stated 'they have been -there for 24 years and had watched all 'the changes. She did not want the parking and traffic noise. There would be an increase in traffic on the service road. Mr. Robert BloskY, 305 76th Ave. NE, stated he had a petition with 32 signatures against the rezoning. They live to the south. He agreed with his wife and didn't believe there should be a commercial property on that corner. Mary Treanor, 7542 4th St. NE, stated that 4th Street was one block long and was a nice residential street. She would like to keep it that way. MOTION by Mr. Treuenfels, seconded by Mr. Oquist, to receive the petition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PETITION RECEIVED. i R 2LANNING COMMISSION MEETING, MAY 23, 197L - PAGE 19 1.6 1�!GJIION by Ms. Schnabel, seconded-by Mr. Treuenfels, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 11:05 P.M. Ms. Schnabel stated that she didn't see the validity of the request for rezoning. She felt it was spot zoning and was surrounded by residential on Osborne and on University as well as the houses that back up to it on 4th Street. The traffic pattern is a critical part and felt it would be a mistake to even consider putting the parking in the rear with an access to Osborne road. It would be a very dangerous situa , a tion. Also great deal of the neighbors are opposed. b MOTION by Ms. Schnabel, seconded by Mr. Oqui.st, to recommend to Council denial of rezoning request 'LOA 09-031 by Robert G. Hays: Rezone Parcel 2700 lying in the North Half of Section 11, T-30, R-21+1 City of Fridley (see Public Hearing notice for complete legal), from R-1 (single family dwelling areas) to CR-1 (general office and limited business), the same being 7599 University Ave. N.E., for the following reasons: 1) spot rezoning - surrounded by residential, 2) creating a dangerous situation with parking in the rear and access to Osborne, and 3) great deal of neighborhood opposition. Ms. Hughes stated that she agreed completely. Mr. Treuenfels stated that further housing is needed in Fridley and most of the residential land has been developed. Also, there are a number of trees on the lot that might not survive. For these reasons he did not feel it would be in the best interests of the City to rezone residential to commercial. UPON A VOICE VO2 , ALL VOTING AYE., CTiAI Y N HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris informed the petitioner that the Commission was recommending that Council deny this peition and reminded him that he had the option to withdraw his request. He stated this would go to Council on June 4, 1979and �Council would set a public hearing for Jul.y 16, 1979. ZD` � e4Chairman Harris declared a recess at 11:10 P.M. and reconvened the meeting a 11:25 P.M. 6. PUBLIC HEARING: JkEZONING REQUEST z0A #79-04, BY GRAVES COMPANY: Rezone Lots 1-4 1 ck View from R-2 two f y welling areas to C-2 B o general business areas allow a new_aevelopment of small offices, the same being 5701 University AVepue N MOTION b Mr. 0 uist seconded hes, to open the public hearing. Y q , UPON A VOICE VOTE, ALL V G AYE, CHAIRMAN IS DECLARED THE PUBLIC HE4T�IT1G OPEN AT 11:25 P.M. PLANNING COb1r17:SSTOPd h�,I��':f.T.'dG NI ' 2:3 19 - PAGE 20 Mr. Boardman gave the Commissioners some aerial photographs of the site. He stated the site was located in the loop-back area that the City has at 57th and University Avenue. The existing structure will be taken down. There are four lots with one owner and the first 3 lots are zoned C-2 and the fourth lot is zoned R-2. They would like the R-2 lot zoned C-2 so it would be consistent with the other three lots and they would be able to construct a small office with a h'inchell Donut on the corner. This is located across the street from where the new approved Super America Station will go. Fie felt this plan with the landscaping would be an improvement over the existing station will all the blacktop on this corner. Mr. Treuenfels asked if there wasn't a second possibility concerning the road? Mr. Boardman stated they had looked at it in -the residential context because there is a residential structure there.. There were two alternatives. One was to leave the service road where it is. They felt that if the existing house was ever destroyed, that property would probably become commercial. Fie felt that with that road pattern it was not a good location for residential. If: they developed the road pattern in a manner to isolate that house from this commercial area, and eliminate this road system, it would be tied more into a residential area. They felt this plan was the best. Mr. Eugene Graves stated they would like to get the four lots together so they could put up a better building. Ms. Schnabel asked if they had Winchell's lined up as a tenant? Mr. Grave: stated they did, but as of today they didn't. Fut they still want to get. the four lots together. Ms. Schnabel stated that the plans indicated they wanted to put office and retail in and asked what type of facilities they were thinking up? Mr. Graves stated that he had no tenants lined up. Ms. Schnabel asked what the square footage of -the building would be? Mr. Graves stated he was not sure and only had sketches. They planned to present the plans when they applied for the building permit after the rezoning was taken care of. Mr. Boardman stated that the plan the Commissioners had indicated the maximum amount of space and parking that would be allowed on that site. - Ms. Schnabel stated that the following were the types of businesses allowed in a C-2: Drug store, hardware store, bakery, department store, bars and taverns, household equipment repair shops, commercial recreation, restaurant, excluding drive-ins, and several others that would not be applicable. Also, additional things would be allowed with a Special Use Permit. BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA,MINNESOTA 55303 EDMUND P. BABCOCK TEL:(612)421-5151 LANDOL J. LOCHER NORTHTOWN OFFICE JAMES M.NEILSON NORTHTOWN CENTER FELIX A.MANNELLA 117 NORTHTOWN DRIVE JOHN R.SPEAKMAN BLAINE,MN.55434 ROBERT F. MANNELLA TEL:(612)786-0250 STEPHEN M.HALSEY WILLIAM D.SCHUTTER May 30, 1979 Mr. Jerrold Boardman 6431 University Avenue N.E. Fridley, Minnesota 55432 As attorney for Ralph Lynn, I am authorized to tell you that Mr. Lynn and Robert G. Hayes hereby dismiss Rezoning Request ZOA #7903, relating to the property at 7599 University Avenue N.E. J�—LQ�' E. P. Babcock EPB:dc cc: Ralph Lynn Robert G. Hayes