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ZOA77-03 CITY OF FRIDLEY MINNESOTA • PLANNING AND ZONING FORM NUMBER ,4 7 7 ')3 TYPE OF REQUEST APPLI T'S SIGNATURE 9" _ Rezoning Address 1/ 3oZ d �]( SS 1 SS /�( 'I ,!/1 '. C �L t v Special Use Permit Telephone Number J !J f 3 1 1 G/ Approval of Premin- inary & Final Plat PROPERTY OWNER'S SIGNATURE ; Streets or Alley Vacations Address 44 Other Telephone Number Fee /.SS0aReceipt No. Street Location of Property 76 Legal Description of Property 11011k 1, a f- Present Zoning Classification _I,oJ(aomftExisting Use of Property "CAA/ l`- Acreage of Property o2D,3l�4 / Describe briefly the proposed zoning classification or type of use and improvement proposed LIZ2, ( 2 7,14� /L�l-f.[r 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 no. What was requested and when? 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 !" SIGNATURES —� (APPLICANT) Date Filed Date of (tearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied SU4JFCT Gty o f 1',1 r i d I ey "AT THF TOP OF THE UNINS APPLICATION TO BOARD OF APPEALS COMMUNITY DEVELOPMENT DIV, PROTECTIVE INSPECTION SFC. 7E CITY HALL F RIDLEY 55432 NUMHEH F'E.V. DATE. PAG (W AP;-fJ0VF.()D ji ii .312-560-3450 910-r23 1 3/21/75 1 2 800 name Address Phone '9V11,1,11A 1-4 A?4Fe/9 A 4o FaO rz', ,61Z W,,- s4e=;mt Legal Lot No 0. Block N Tract or Addn. Description I Variance Request(s) ; including stated hardships (attach plat or survey of property showing building, variances, etc. , where applicable) 20SA075 , &4itt. . 7�D�cEJ-ftwrYmm VAloaxi-xim Fam cA'S' +* Dajt Meeting Date F e e IReceipt No.. Signatur Comments & Recommendations by the Board of Appeals 11A City Council Action and Date PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 18, 1977 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #77-03, by C. D. Chandler, to rezone Lot 1 , Block 2, Johnson's River Lane Addition, from R-1 (single family dwelling areas) , to R-3 (multiple family dwelling areas) and, rezone Lots 2 and 3, Block 2, Johnson's River Lane Addition, from C-1S (local shopping areas) to R-3 (multiple family dwelling areas), so these three lots can be used for the construction of a 7-unit row house development and/or townhouses, all located in the South Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 64 1/2 Way and Mississippi Place on the West side of East River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: May 4, 1977 May 11 , 1977 3 PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 18, 1977 in the Council Chamber at 7:30 P.M. for the consideration of the following matter: Consideration of a rezoning request, ZOA #77-03, by C. D. Chandler, to rezone Lot 1 , Block 2, Johnson's River Lane Addition, from R-1 (single family dwelling areas) , to R-3, (multiple family dwelling areas) , and, rezone Lots 2 and 3, Block 2, Johnson's River Lane Addition, from C-1S (local shopping areas, to R-3 (multiple family dwelling areas) , so that these three lots can be used for the construction of a 7-unit row house development and/or townhouses , all located r in the South Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 64 1/2 Way and Mississippi Place on the West side of East River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J. NEE MAYOR Publish: June 29, 1977 July 6, 1977 Planning Commission 5-2-77 ZOA #77-03, Rezone Lots 1 ,2,,3 Block 2 Council 1 Johnson's River Lane MAILING LIST River Road East Corporation Mr. & Mrs. Robert Sutter 6540 East River Road 98 Rice Creek Way N.E. IVI Fridley, Mn 55432 Fridley, Mn 55432 Gerarl-d__Schroer Mr. & Mrs. Lyle Kulenkamp -LTfi erg 58 Mississippi Way N.E. �La 633 astrRive - d Fridley, Mn 55432 Fri dl e Mr. & Mrs. Darryl Ericson D. C. Chandler 6468 Ashton Avenue N.E. 11320 Mississippi, Drive Fridley, 'Mn 55432 Champlin Mn -5� s�3.4,, Mr. & Mrs. Harlin .Cook Robert H. Schlecter 6446 Ashton 6520 East River Road Fridley, Mn 55432 Fridley, Mn 55432 Ms. Annella Lee D Mr. & Mrs. Carl Moen � � �N 6434 Ashton Avenue N.E. .&592-fik-k-0ry�r��ve N.E.( y�� Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Kenneth Hughes Mary Dolin 6424 Ashton Avenue N.E. 95 Mississippi Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Arne Lundgren Mr. & Mrs. Michael Zgodova 6412 Ashton Avenue N.E. 6501 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Eugene Emerson Duane Oftelie 99 64th Way N.E. 4511 Gettsburg Avenue Fridley, Mn 55432 Minneapolis, Mn 55428 Kenneth Gillette Mr. & Mrs. Louis Nash 6409 East River Road N.E. 6509 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 r" Mr. & Mrs. Warren Palm d �• Mr rs. Al le 'ckson 6421 East River Road N.E. ccrr �1� 6551 r Road N.E. Fridley, Mn 55432 F ey, Mn 55 Mr. & Mrs. Gilbert Felt Mr. & Mrs. Jeffrey Schneck Rt. 2, Box 727 n 6601 East River Road N.E. Wyoming, Mn 55092 Fridley, Mn 55432 Mr. & Mrs. LeRoy Erlandson Charles E. Johanson 60 Mississippi Way N.E. 580 69-thAvenue N.E Fridley, Mn 55432 Fridley, Mn 55432 ` Mr. Donald Wescom Mr. & Mrs. Eugene Anderson 117 Mississippi Place N.E. 6661 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 rJ, ZOA #77-3 Page 2 Mailing List Mr. & Mrs. Albert Johnson Mr. & Mrs. Kenneth Raymond �6f 137-Mis-sissippi Place N.E. 6420 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Allen Mattson Ms. Leora Smuder N.E. - 6414 East River Road N.E. i_ Fridley, Mn 55432 Fridley Mn 55432 Mr. & Mrs. Gordon Aspenson Mr. & Mrs. Donald Sibell 6489 Riverview Terrace N.E. 6408 East River Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 n a 1e Mr. & Mrs. John Kimbler 0 Mi-tsiss+pp+4laGe R.E. 80 Mississippi Way N.E. 1 Fridley, Mn 55432 Fridley, Mn 55432 ?747Mr. Chris Jelavarou Mr. & Mrs. Leo Carda 160 Mississippi Place N.E. 6443 East River Road N.E. Fridley, Mn 55432 ' Fridley, Mn 55432 Mr. & Mrs. John Koprowski Mr. & Mrs. arre Palm 6470 Riverview Terrace N.E. 4 E t R er R ad Fridley, Mn 55432 d e 5 32 Murco Stations, Inc. 6485 East River Road Fridley, Mn 55432 /� £ Mr. & Mrs. Leif Henriksen 6 6434 Riverview Terrace N.E. Fridley, Mn 55432 Inc. 6500Iver Road Fri ey, 5432 Mr. & Mrs. Edward Sakry 121 64 1/2 Way N.E. Fridley, Mn 55432 Mr. & Mrs. Walter Luckow 161 64 1/2 Way N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Gilmer 141 64 1/2 Way N.E. Fridley, Mn 55432 Mr. & Mrs. Harold Beckman 6430 East River Road N.E. Fridley,Mn 55432 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 18,1977 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a rezoning re- quest,ZOA#77-03,by C.D.Chan- dler, to,rezone Lot 1, Block 2, Johnson's River Lane Addition, from R-1(single family dwelling areas), to R-3 (multiple family dwelling areas)and,rezone Lots 2 and 3,Block 2,Johnson's River Lane Addition,from C-IS (local shopping areas)to R-3(multiple family dwelling areas),so these three lots can be used for the con- struction of a 7-unit row house development and/or townhouses, all located in the South Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Min- nesota. Generally located between 641/. Way and Mississippi Place on the West side of Fast River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. RICHARD H.HARRIS Chairman Planning Commission (May 4&11,1977)—SB8 (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday,July 18,1977 in the Council Chamber at 7:30 P.M.for the consideration of the following matter: Consideration of a rezoning re- quest, ZOA #77-03, by C. D. Chandler,to rezone Lot 1,Block 2,Johnson's River Lane Addition, from R71(single family dwelling areas), to R-3, (multiple family dwelling areas),and,rezone Lots 2 and 3,Block 2,Johnson's River ,Lane Addition,from C-1S (local shopping areas,to R-3(multiple family dwelling areas), so that these three lots can be used for the construction of a 7-unit row house development and/or tow- nhouses,all located in the South Half of Section 15,T-30,R-24,City of Fridley, County of Anoka,' Minnesota. Generally located between 641/z Way and Mississippi Place on the West side of East River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J.NEE Mayor (June 29,July 6,1977)-SBR r— < orz. S" 46-2 Q3? 3- Cf — '17 �#�l ;t a�'� �„�5;�, `:� a�::za„ �' r�,:Cc•;.E M'�" �_�i# ',3 3 ,,ts:I:,`.,'•.3� ii=;=.°�,:s �^'��'= .6::., - IT ee :A" sffoosso s�9 .'� ',. £'.' �� ' "' 2`n..34 #£#' +f ,_,�#;¢ %.,trl .:l;!..�• '''^u��£;;;i ``aa �'. �sl;€=� R€,�£#.� alsl�3#. { .� r€ :� 7 L.� '�`�3,�.r u8`�"si ,� y'�'T la£����3y ;; � � � � •� �•a-� "�- � .s� ,s .� >� � x �'� %��•# #' # ��� `�y #Es;� �€ d �F�i # 1 s? �#�;�I€9 ='11�# �;y�;3 '€Ilte Itdh I►_, (1 �� � i .., G �ryryry 374 37!0 374 i i i 401 1! i i 15/-6 x 10IO I'v!6X'AIV 1010 O H LIVInG LIVInG IN6 X161.6 14!6X16!6 CL CIL M•936 F I R S T P L O O R F 11118 or .t Q I B e BEDROOM BEDnoom 11.0 X12.0 II1OX12r�0 _ CL CL III L,n CL CL CL CL BEDROOM BEDROOM '- 6r6X12!6 BEDROOM BEDROOM 6�•6 x12!6 91OX910 91.0 x910 S E C O n D F L O O R design M-936 . . . . .e EXPANDABLE ROW—HOUSING First Floor—513 sq.ft. Second Floor—513 sq.ft. Per Unit—14,107 cu.ft. One set of plans,specifications and mill list....35.00 Additional sets of same design................7.50 , s+�tll house phmdn `boreev sr<Wud,Minn, prtMe�Ih L1S.H, I SQ. FOOTAGE LOT TOTAL ' TAKEN FOR ; REMAINDER HIGHWAY 1 12,644. 09 3,556.75 9,087.34 2 61335.82 1,72024 4,615.58 yl A 1 3 9,342.89 2,464.48 6,878.41 -------------- / flok SURVEY, F OR. f ANOKA COUNTY ,ATTORNEY 4 1 riJt.J:;� ,*iib i!-,ht uAg eiuvuy, i I:tTI� li ruj,ort ; izi pry F,t;rrfl by me or umder uiy dir,�c ANC) 3° 46 � N 1 5k 5 94 \ Zi 5 \ m\a m ad v\ d) \ �, "01 \ 7 F d s\ �. 1 1A c� mom- \ \' \ 0 1 41 I \ 19-3 25 \ '\ 'rO N \ O N �• t 0 NN 3t� SCALE-1 '�= 30' 0 a:- \0 0 C T. 1973 ra LP ul NLA ;j \ 0 to S-air \ _ a 7 9 \ \ o S 13j 58 `0 SURVEY OF LOT I, 2,a 3 BLOCK 2 JOHNSON`S RIVER LANE ADDITION CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA I i , W .. 41 _.. �J i r I r` r PLANNING COMMISSION MEETING — MAY 18 , '1977 Page 3 2 . PUBLIC HEARING : REZONING REQUEST, ZO_A 77-0 BY C . D - CHANDLER : Rezone Loth, BTo--ck- 2, nson�s River Lane Addition, from R-1 {single family dwelling areas} to R-3 {multiple family dwelling areas}, and, rezone Lots 2 and 3, Block 2, Johnson' s River Lane Addition, from C-lS {local shopping areasl to R- 3 {multiple family dwelling areasl so these three lots can be used for the construction of a 7 unit row house development and/or townhouses, generally located between 64 1/2 Way and Mississippi Place on the West side of East River Road N .E . MOTION by Mr. Langenfeld, seconded by Mrs . Schnabel , to open the Public Hearing on the Rezoning Request, ZOA X77-03, by C . D . Chandler, Upon a voice vote, all voting aye, Chairperson Harris declared the public hearing openat 7 : 58 P .M . Mr - Boardman explained that there were three lots involved in the request . He said that Lots 2 and 3 were zoned C-1S and Lot 1 was zoned R-1 - He said that the request was to rezone all three lots to R-3 so that the lots can be used for the construction of a row-house development and/or townhor,ISeS - Mr . Boardman continued to explain that Mr. Chandler had proposed building a certain type of dwellings, however, with that particular design he could only fit six units on tyre property while the square footage of the property would allow the construction of eight units . Therefore, he said that Mr . Chandler decided to first get a rezoning of the property and then he would proceed with the planning of exactly what would be built on the property . Mr . Chandler of 11320 Mississippi Drive and Mr. Talbot of Calhoun Realty were present - Mr. Chandler explained to the Commission that he had owned the property for about 15 years and was now trying to build something on the property in order to get back his investment . He had pictures of the property, surrounding areas and buildings, and the types of units he was contemplating . He indicated that he felt that what he planned for the property would be a good use for the particular lots and location - Mrs - Luckow of 161 - 64 1/2 Way N .E . wanted to know if Mr. Chandler had any definite plans of what he was qoing to build on the Lots and if they would be for rental or re-sale . She also wanted to know what size the units would be . Mr. Chandler indicated that at that point he had no definite plans . He pointed out that whatever he would do would meet all the existing codes . He wasn' t sure if the property would be for rental purposes or sold . He also said that he wasn' t sure of the size of the units . PLANNING COMMISSION MEETING — MAY 181 1977 Page 4 ' Mr• Talbot of Calhoun Realty explained that everything they had proposed to that point in time had not met various codes and would have needed numerous variances - He indicated that the owner had decided to first get the rezoning and then get together with the City and decide exactly what could be built on the property that would meet all existing codes • Mr - Fred Foster of 6441 Riverview Terrace expressed disappointment that he had not been notified of the Public Hearing especially since they would be greatly effected by the proposed plan since they lived on the corner of 64 112 Way and Riverview Terrace • He also indicated that Ile was greatly disappointed in the present multiple dwellings in the area• He said that the people living in the apartments in the area didn' t pay attention to posted speed signs; he said that there wasn't adequate off-street parking so that cars were always parked up and down the streets- He continued by saying that the nearby apartments were not neat and were not kept up - He 'said there was always garbage around the yard and most were detrimental to the area • Mr• Foster felt that with the taxes he had to pay he didn' t want to see any more apartment buildings in the area • Chairperson Harris tried to explain to Mr - Foster why he hadn' t been notified of the Public Hearing • He said that City Hall could have slipped up and not sent him a notice • However, he continued by saying that there had been a sign posted on the property indicating that there was to be a Public Hearing on the property - He said that City Hall most definitely tried to be sure - that everyone that would be concerned or effected by the rezoning was notified • He apologized for the oversight • Mr - Dennis Phitzner of 6430 Riverview Terrace agreed with what Mr - Foster had said regarding the present apartment buildings and the people living therein • He felt that more apartment buildings would only give more headaches to the home owners in the area • Mr - Luckow of 1L1 - 64 112 Way N .E . questioned the construction of a seven-unit row house on the three lots - He wanted to know how many square feet would be for off-street parking • Chairperson Harris said that an off-street parking stall was 10 x 20 feet or 200 square feet . Mrs. Schnabel indicated that the current ordinance required off-street parking • Elie said that 1-112 stalls had to be allowed for each one-bedroom unit and two stalls for each two-bedroom unit and 2-112 stalls for each three bedroom unit • PLANNING COMMISSION MEETING — MAY 15, 1977 Page 5 Mr. Chandler indicated to the audience that he was requesting a higher and better use for the property . Mrs. Foster indicated that all the children played in a park located near the lots in question . She said that the park was the only play area for the children and she couldn't see bringing in seven more families, with children. She said what the area really needed was more recreation area and not more apartments . Mrs . Luckow wanted clarification as to exactly what could be constructed on a C-1S Lot . Chairperson Harris read to the audience exactly what would be allowed on a C-1S Lot - At that point Mr - Boardman said that on C-JS properties, 160 foot frontage was required . He said that the Commercial property did not meet that requirement . He said that the Commercial only had about 1/2 of the required square footage . Mr . Chandler indicated that what he had been told by the Building Inspector did not agree with what Mr . Boardman had said . He said that he would take it back to Court . He said that he had an investment of over *40,000 and he wasn' t going to put up with the City condemning his property from any use . Mr. Bergman wanted to know if Lots 2 and 3 were ever large enough to build as C-hS• Mr. Boardman indicated that Lots 2 and 3 were never large enough to meet the square footage requirements to build as C-1,S• He said that they could be buildable with a variance . Mr. Boardman went on to ex.p:lain that ';here was an exclusion in the R-1 District code that would allow an R-1 lot to be used as a parking lot by getting a Special Use Permit . He said that together with Lots 2 and 3, Lot 1 could be used as parking area-, therefore, making lots 2 and 3 buildable C-LS Lots- Mr. Chandler indicated that his request was a very natural request and it would be an upgrade for the property . He asked them to realize that the entire street had apartment buildings . Mr . & Mrs - Foster indicated that they would like to see some plans . f PLANNING COMMISSION MEETING — MAY 18 , 1,977 - Page 6 Mr- Chandler said that he didn' t have any definite style plans at that time . He indicated that whatever was planned for those lots, that all Ci.ty Codes would be met . He said that the first thing he wanted to do was to get a rezoning of the property and that he would proceed from that point - Mr.- Foster asked Mr - Chandler that if he got the lots rezoned to R-3, would he try to get eight units on the property - Mr. Boardman indicated that if Mr - Chandler had the right design, that eight units could be constructed on that property . Mrs. Foster asked if Mr- Chandler planned for a yard area. Mr. Chandler said that he would have all the required setbacks . Mrs - Lukow wanted to know if provisions would be made for children . Mr - Boardman indicated that there were no requirements to provide play areas for the children . Chairperson Harris made reference to the Plat as to the 20 . 10 foot alley that was located ne>:t to 64 112 Way - Mr - Foster indicated that when they moved into the area, they hada private drive-way onto East River Road . He said that now the street had taken up the alley . Chairperson Harris wanted to know how much of the property in question had been taken for the East River Road and Mississippi Street intersection improvement - Mr - Chandler indicated that approximately 30 feet had been taken from both ends of the lot - Chairperson Harris asked if the property would have been a legal C-LS lot before the condemnation . Mr. Boardman said that even before the condemnation, the lots were riot buildable C-1S lots - He said that very probably the City would have HAD to grant a variance since Mr . Chandler would have had just cause for a hardship . Mr - Langenfeld asked Mr. Chandler if his plans were speculative at that time - Mr . Chandler said that he had a contract for the purchase of the land if and when the property was rezoned . PLANNING COMMISSION MEETING — MAY 181 1977 Page 7 Chairperson Harris asked Mr• Chandler if his contractor would draw a site plan • Mr• Chandler indicated that he had already drawn up three site plans and had gotten no results • He said that they really needed the rezoning first • Mr- Boardman explained the other requests that Mr• Chandler had made and what had happened on each of them • He said that the last plan he saw was for five two—bedroom units and three three—bedroom units • Mr • Boardman indicated that the plan would be for a two—story unit in answer to a question by Mr • Foster • Mr • Phitzner didn' t like the idea that the City put in a park that was not and would not be large enough to handle the children in the area - Also he said that the Park was located on a street that was basically dangerous due to the abundance of traffic contributed to by the apartment complexes in the area • At that point, Chairperson Harris said that he considered this request a major rezoning and that it was not unusual to require a site plan . He indicated that he would not be able to vote on the request until he saw a site plan • Mr• Langenfeld wanted to know, if the rezoning was granted, when Mr • Chandler would plan to start construction • Mr• Chandler responded that actually he had no idea but figured probably sometime in the Fall • Mr• Langenfeld explained to the audience and Mr • Chandler that the Commission had to make their decisions based on the City Codes and Ordinances • He said that in this case it should be noted that the members of the Commission were very concerned about the safety of the children in the area as well as the general safety of the public • He continued to say that they had to keep in mind that the request was to rezone two lots presently zoned C—LS and one lot zoned R-1 to three lots zoned R-3 • He said that it should be kept in mind that any of the previously stated commercial enterprises could be constructed on the lots in question • He said that he only made the statement for informative purposes • Mrs • Schnabel wanted to know Mr • Chandler' s explanation of Row Houses and Townhouses• PLANNING COMMISSION MEETING — MAY 18, 1977 Page �8 Mr• Chandler first wanted to explain that what was stated on the Public Hearing notice was not actually what was being planned • He said that the notices had been sent out before he had withdrawn his initial plan • Mr • Chandler then explained that he felt the definition of the two housing types were interchangeable • Mrs • Schnabel indicated that she did not feel comfortable giving approvals for rezoning without seeing a site plan • Mr • Talbot asked for verification as to exactly what the Commission wanted in regards to a site plan • Chairperson Harris showed Mr• Talbot an example of what he wanted • At that point, Mr• Talbot showed the Commission the site plan that had originally been drawn up before they decided to first rezone the property and then draw up plans that would meet all City Codes • Mrs • Foster asked Mr • Chandler if he could try to plan the units so that the traffic from the units did not go to Riverview Terrace - Mr . Chandler felt that it would be impossible to say what the traffic would decide to do • Mrs• Foster indicated that she felt the City should buy these lots- Mr . Chandler said that he didn't care who bought the lots - Mr . Langenfeld asked Mr • Chandler if he had considered putting up single family dwellings on the lots • Mr • Chandler indicated that the lots were too expensive to try to sell single family dwellings • Mr • Boardman explained that when they were going through the layout of the property with a particular type of construction, they could only get six units on the property without a variance • The owners of the property felt that six units would not pay for the property • r PLANNING COMMISSION MEETING — MAY 18-1 1977 Page 9 Mr• Bergman explained that he thought Mr • Chandler would like to do something with his property after many years of tax paying and ownership • However, he felt that the neighbors also had justifiable fears of more children in the area , inadequate playgrounds and more traffic problems• He said that it did bother him to have a plan submitted that would require variances • He felt that if the best use of that property was for townhouses, then the problem that should be dealt with would be one of density • Mr• Chandler pointed out that the site plan before the Commission was not the plan that they were going with • He said that the new plan that would be drawn up would meet all requirements that the City needed • Mr • Bergman said that a request for a plan did not imply approval even if the plan did meet codes . He said that basically the 'request at hand was for rezoning and the site plan would not commit the owner to do exactly as the site plan stated • Mr• Boardman indicated that it also would not bind him to that site plan - Mrs . Schnabel pointed out to the audience that if the rezoning was granted, that any requests for variances would have to go before the Appeals Commission • She said that at that time the neighbors .would again be able to express their feelings in regard to the number of units and the layout of the units • Also she said that the requester would have to have concrete plans before he could appear before the Appeals Commission • Mr• Bergman indicated that the Commission was dealing with Mr• Chandler regarding a request for a rezoning • However, he said that once the rezoning was granted, they would have to deal with the developer and he could come up with anything within the ordinance for that zone and the Planning Commission would have no control . He said that the developer could have a whole different picture as to what he wanted to do with the lots • Mr. Langenfeld said that he understood Mr • Chandler' s position as far as he had property that he was paying taxes on - However-, he said that he could not vote for a rezoning until he knew exactly what was going to be done with the Lots in question • At that point there was much discussion amongst the Planning Commission as far as putting stipulations on. the rezoning and whether the stipulations could be enforced- PLANNING COMMISSION MEETING — MAY 18, 1977 Page 10 Chairperson Harris said that stipulations could be enforced as far as the location of the units on the property, the number of units, and the access. to the units - Mr - Chandler felt that putting stipulations on a rezoning was not part of the Planning Commission' s jurisdiction - He felt that since the rezoning would be an improvement to the property and that as long as they met all the City Codes and requirements, the Commission should not be able to put any stipulations on the rezoning request - He continued to say that the Planning Commisssion was not putting enough confidence in the City Planning Department - He felt that most of the issues that were being brought into the rezoning request were already controlled by the City Codes - Mrs - Schnabel indicated that she was aware of both sides of the issue • She said that the residents in the area definitely had to be concerned about the safety of the children and that they also had a definte traffic problem • However she said that if the property were to remain commercial. , it would result in a hardship for Mr- Chandler in terms of access to and from the property . Mrs . Foster said that she felt adequate off-street parking HAD to be required• Mrs • Schnabel said that the current ordinance required off- street parking- In response to Mr- Bergman ' s question regarding the zoning of the neighboring areas, Mr- Boardman explained all the zonings in the area . Mr- Bergman indicated that he personally felt there was no problem with an R-B zoning for the lots; however, he felt the problem was the density - He said that he would be for the rezoning if a limitation could be set on the density but he was not sure how that could legally be handled - Mr• Chandler felt that that was covered in the Building Code - Chairperson Harris said that he wanted Mr . Chandler to get with his contractor and decide what would be done on the property and have a site plan drawn up • Mr- Chandler agreed that he would try to get in touch with the contractor and have a site plan drawn up - Mr- Foster wanted to know exactly how many units were being considered • Mr- Chandler indicated that seven units was the tentative plan • PLANNING COMMISSION MEETING MAY 181 1977 Page 11, Mr • Phitzner said that no matter how many units were in the plan, he didn' t feel the neighborhood needed any more traffic or any more people • . Chairperson Harris told the audience that the Planning Commission had to respond to Mr• Chandler' s request - Mr. Bergman indicated that just because - the Ordinance would allow seven or eight units, it didn' t mean that the developer would HAVE to put the maximum number of units on the property • He said that perhaps the developer could consider a little more green area and a few less units . MOTION by Mr • Bergman, seconded by Mr • Langenfeld, that the Planning Commission continue the Public Hearing on the Rezoning Request, ZOA 1 77-031 BY C • D . CHANDLER, to rezon.e Lot 1, Block 2, Johnson' s River Lane Addition, From R-1 {single family dwelling areas} to R-3 {multiple family dwelling areas}, and, rezone Lots 2 and 3, Block 2, Johnson' s River Lane Addition, from C-1S {local shopping areas} to R-3 {multiple family dwelling areas} so these three lots can be used fo.r the construction of a 7 unit row house development and/or townhouses, generally located between 64 1/2 Way and Mississippi Place on the West side of East River Road N •E • until the next Planning Commission meeting {June b, 19771 at which time Mr • Chandler and the developer would come before the, Commission with a definite site plan • Chairperson Harris indicated that the Planning Commission wasn' t allowed to tell Mr • Chandler how to draw his site plan, he said that the Commission could only respond to a site plan and his request • He said that Mr • Chandler was to have a plan drawn up and the Planning Commission would respond to the request - UPON A VOICE VOTE , all voting aye, the motion carried unanimously • MOTION by Mr • Storla, seconded by Mr • Bergman, that the Planning Commission suspend the rules and handle Item 7B of the agenda RECOMMENDATION FOR $200 FOR TEEN CENTER • Upon a voice vote, all voting aye, the motion carried unanimously • I PLANNING COMMISSION MEETING — MAY 18, 1977 Pace :L2 7b RECOMMENtATION FOR $200 ' FOR TEEN CENTER Ms. Mary Anderson, the Coordinator for, the Fridley Teen Center was present . Ms . Anderson indicated that it had been brought up at the Human Resources Commission that a fund be established to help start up the Fridley Teen Center . She then presented a report lasting the items that were needed to Delp the Teen Center get started. The Planning Commission took a few minutes to study the report . MOTION by Mr. Langenfeld, seconded by Mrs . Schnabel, that the Planning Commission receive the report from Ms . Anderson . Upon a voice vote, all voting aye, the motion carried unanimously - Ms . Anderson briefly explained the items listed on the report . She also answered a few questions that the Commission had on several. of the items . Mr . Storla explained that the Teen Center personnel, had been economical with the money it had previously received from the Fridley State Bark to help them put on a dance . He said that the dance went fairly well considering it had been held on the same night as a student-faculty basketball game . He said that the Committee ended up with about $20 down . Mr. Storla said that at thattime they needed money to help to notify people that the Teen Center was open and to help the Teen Center get off the ground . Mrs- Schnabel asked if the report indicated the dollars that were needed . Ms - Anderson said that they were only requesting $200 - MOTION by Mr. Bergman, seconded by Mr . Langenfeld, that the Planning Commission recommends to City Council approval of the request for $200 for the Fridley Teen Center . Mr- Langenfeld made a suggestion that the Teen Center try to sell Stock in the Teen Center . He felt that possibly the suggestion would get more people interested in the Teen Center - Chairperson Harris and Mr - Storla expressed that they felt it was a good idea worth looking into . UPON A VOICE VOTE, all voting aye, the motion carried unanimously . CITY OF FRIDLEY PLANNING COMMISSION MEETING JUNE 81 1977 MOTION by Mrs . Schnabel , seconded by Ms . Shea to appoint Mr. Bergman as acting Chairperson . Upon a voice vote, all voting aye, the motion carried unanimously . CALL TO ORDER_: Acting Chairperson Bergman called the June 8, 1977, Planning Commission Meeting to order at 7 :3-5 P .M . ROLL CALL: Members Present : Shea, Bergman, Suhrbier, Schnabel , Langenfeld Members Absent : Peterson, Harris Others Present : Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES : MAY 18, 1977 Mrs . Schnabel added to the end of the second paragraph on Page 16, "in the new Senior Citizen Building" . Mr- Frederic Foster of 6441 Riverview Terrace indicated that the second paragraph on Page 6 was actually said by Mr- Luckow of 161--64 1/2 Way N -E . MOTION by Mr - Langenfeld, seconded by Ms . Shea, that the Planning Commission minutes of May 18, 1977, be approved as amended . Upon a voice vote, all voting aye, the motion carried unanimously - MOTION by Ns - Shea to add an agenda item 3A to be RECOMMENDATION FOR *1,000 FOR THE SENIOR CITIZEN WELL CLINIC {CAP} . Upon a voice vote, all voting aye, the motion carried unanimously - 1. CONTINUED : REZONING REQUEST , ZOA :-77-03, BY C . D . CHANDLER : To rezone Lot 1, Block 2, Johnson' s River Lane Addition, From R-1 {Single family dwelling areas} to R-3 .[multiple family dwelling areasi, and rezone Lots 2 and 3, Block 2, Johnson' s River Lane Addition from C--1S -(local shopping areas} to R--3 {multiple family dwelling areasi, so these three lots can be used for the construction of a row house development and/or townhouses, generally located between 64 1/2 and Mississippi Place, on the West side of East River Road . Public Hearing open . PLANNING COMMISSION MEETING- JUNE 81 1977 PAGE 2 � � 3B Mr- Chandler of 11320 Mississippi Drive, Champlin, and Mr• Ken Talbot - of Calhoun Realty of Coon Rapids were present - Mr. Chandler presented a plat to the Planning Commission . The Planning Commission reviewed the plat - Mr- Boardman explained the plat and what had been decided upon - He said that the plat showed seven units with fourteen parking spaces - He said that a rear-yard setback variance would be required • Mrs- Schnabel wanted to know who had title to the easement - Mr - Chandler responded that it belonged to the County • Acting Chairperson Bergman wanted to know if the easement was in the setback requirement or was there to be 35 feet of setback plus seven feet of easement • Mr- Chandler indicated on the plat the locations of the setbacks and the easements - Mrs- Schnabel wanted to know if the seven foot easement would revert back to the property owner• Mr• Chandler said it would - Ms - Shea explained that if the setback was moved to include the easement, then a variance wouldn' t be needed • There was some discussion at this point regarding the setbacks and easement requirements• Mr- Talbot pointed out to the Planning Commission that what had been requested was a plat describing the location of the building/s on the lot - He said that the plat they were looking at was indicating the maximum of what could be put on that property • Mrs • Schnabel said that Mr- Chandler had previously indicated that he would meet all city codes • She said that if the plat was not the final plat and if the property was rezoned, she wanted to know if there was any way to bind the property to a structure that wouldn' t contain any variances to the City Codes - Mr- Chandler said that he hadn' t been aware that the plat hadn' t met all the City Codes - Mr- Talbot explained that the plat was only off by six inches and that the plat was only a preliminary and once an architect drew up the final plat, the dimensions would be more exact • Mrs - Schnabel wanted to know if the contractor would be bound to the plat - She felt that there would be no guarantee that the new purchaser would construct that number of units . PLANNING COMMISSION MEETING — JUNE b, 1977 PAGE 3C Mr • Chandler felt that the buyer wouldn' t go more than seven units because of the fact that he would have to provide facilities for the handicapped if he built more than seven units and Mr . Chandler didn' t think that "the person would go that additional expense • Mr- Talbot wanted confirmation as to exactly how much of a variance was needed . Mr - Boardman explained that if the easement was part of the property, then a very minor amount would be needed {approximately six inchesi ; however, he said that if the easement was not part of the property, it would be approximately seven feet six inches . Mr- Langenfeld indicated that if a rezoning was given, then the Planning Commission itself would lose control of the type of building that would be constructed on the property - Acting Chairperson Bergman said that if the rezoning was granted, that the Planning Commission could put stipulations on the recommendation for approval • Mr . Boardman stated that the maximum that could be placed on that property was eight units - He said that the Planninq Commission had requested a plat and what they had to decide was that if they felt the area was right for an R-g zoning, then the rezoning should be approved; if they decided that the area was riot right for an R-2 zoning, then they should refuse the request- He didn' t see why the Commission was concerned about tying the property to a specific design • Mrs - Schnabel said that part of the reason for requesting a site plan was because of the traffic patterns which were a concern of the neighbors . Mr- Boardman felt that the plan was good in that it would be situated on the lot with plenty of green area and ample parking areas - Mr - Talbot explained that the parking areas could be situated on either side of the building - At that point, Mr. Chandler showed the site plan to Mr - & Mrs - Frederic Foster of 6441 Riverview Terrace . Mr - Foster said that he didn' t want to see any apartments at all , however, if the rezoning was to be approved, then he wanted to see the parking lot on the Mississippi Place side of the building • Mrs . Foster explained that there was a park located near the lots in question . She said that many children played in the park and that was the reasoning in requesting that the parking lot not be located on the 64-1/2 Way side of the building. II i PLANNING COMMISSION MEETING — JUNE 8, 1,977 PAGE 4 -- 3- D Mr • Langenfeld wanted to know if the Foster' s were representing everyone in the neighborhood or Just themselves - Mr• Foster said that they weren' t representing anyone other than themselves - He said that he knew that all the other neighbors didn' t want to see any more multiple dwellings in the area, but that other commitments kept them from appearing at the Public Hearing• Mrs• Foster said that she had talked to many of the people on Riverview Terrace and that they were against any more multiple dwellings - She said that it had been decided that if multiple dwellings had to be constructed, then most of the people preferred to see duplexes rather than apartment complexes • Mrs • Foster also indicated that she didn' t feel that any variances should be allowed • Mr. Langenfeld pointed out to the Planning Commission that a very hazardous situation did exist in the area because of the abundance of children and the amount of existing traffic • Mr . Chandler pointed out that the rezoning would be an upgrading of the present zoning- MOTION by Ms• Shea, seconded by Mr- Langenfeld, to close the Public Hearing• Upon a voice vote, all voting aye, the Public Hearing was closed at 8 :05 P .M . Mrs • Schnabel indicated that she felt there was a definite hardship on the petitioner in retaining the piece of property with two separate zonings She said that the fact that two of the lots were zoned Commerical {C-LS} and were not large enough, in themselves, to construct as Commercial, she felt that Mr - Chandler had a serious hardship as to how to develop his property • Mrs . Schnabel also felt that a commercial enterprise wouldn' t be beneficial to that neighborhood • She said that she would rather see a multiple dwelling of some type rather than commercial • She indicated that she was concerned about the traffic patterns, the size of the units, and the setbacks • She said that the residents of the neighborhood had a very legitimate concern as to the traffic and the children, etc - However, after careful consideration, she felt that the following motion was in order - . �.--� PLANNING COMMISSION MEETING — JUNE 8, 1977 PAGE 5 3E MOTION by Mrs - Schnabel , seconded by Ms - Shea, that the Planning Commission recommends to City Council the approval of the Rezoning Reruest, ZOA 177-03, by C - D - Chandler : To rezone Lot 1, Block 2, Johnson ' s River Lane Addition, from R--1 {single family dwelling areas} to R-3 {multiple family dwelling areas}, and rezone Lots 2 and 31 Block 2, Johnson' s River Lane Addition from C-1S {local shopping areas} to R-3 {multiple family dwelling areas}, so these three lots can be used for, the construction of a row house development and/or townhouses, generally located between 64 1/2 and Mississippi Place, on the West side of East River Road, with the stipulation that traffic ingress and egress be onto Mississippi Place ONLY . Upon a voice vote, Ms- Shea, Mr - Bergman, Ms - Suhrbier, and Mrs . Schnabel voting aye and Mr - Langenfeld voting nay, the motion carried . Acting Chairperson Bergman indicated that this would go to City Council on June 20, 1977, and at that time a Public Hearing would be set . Mrs . Schnabel initiated a brief discussion about the use of traffic bumps in the neighborhood, especially along Riverview Terrace - Mr - Boardman indicated that the City tried to avoid putting traffic bumps on streets because of the problems with street plows . 2 L SPLIT REQUEST : L -S - 177-05, BY MORRIS J - L0N _RBONE ' Spl. l Lot 28, Auditor' s Subdivision No . 92, in three parcel as follows : Parcel I : The South 72 eet of Lot 28 {5895 Art r Street N - E . }; Parcel II : The orth 72 feet of the South 1 feet {5875 Arthur Street - 1 both as measured at right angle of the City of Fridle in Arthur Street N -E . ; and Parcel III : at part of Lot 28 ying North of the South 144 feet as m sured at rig angles to the South line thereof, together wit that par of Gardena Avenue vacated, also subject to the righ of he City of Fridley in Arthur, Street N .E . and in Gardena enue, 11494 Gardena Avenue N - E - 1 - Mr - Morris J . Longerbone of 94 Gar na Avenue was present Mr - Boardman explained t at the general 1 ation was at the corners of Gardena and Arthur reet N -E . He said at the petitioner wanted to split the proper into three parcels, Par is 1 and 2 would be over 9,000 square eet; however, the lots widths ould be 72 feet instead of the r quired 75 feet - Parcel 3 would be n extra large lot size tha would be well over the 10,000 square f t which was require for a corner lot - All the parcels of land re serviceab with sewer and water already in - He said that from the City ' s standpoint, there weren' t any problems . PLANNING COMMISSION MEETING — JUNE 8, 1977 PAGE 6 Mrs - Schnabel wanted to know if the City had any easem is on Arthur or Gardena streets . Mr- Boardman indicated that all the sewer, water, tilities, telephone, etc • were already in the streets, so t at no easements would be required . Mr- Longerbone said that he would be tearing own the existing houses. Ms- Suhrbier wanted to know what price ra ge the planned house would be in . Mr. Longerbone said it would be appro imately $60,000 - Mr• Longerbone indicated that he fe t he didn' t need all the property since his family was grow • He said that he wanted to split the lots to sell so that h could make his life a little easier. Mrs- Schnabel wanted to know ich parcel of land Mr. Longerbone intended to build his home - Mr- Longerbone said he wou d build on Parcel 1 • He said that the existing houses would be orn down before the sale of the remaining parcels. MOTION by Ms- Shea, s conded by Mrs . Schnabel, that the Planning Commission recommend to City Council the approval of Lot Split Request : L .S . 177-0 , by Morris J • Longerbone : Split Lot 28, Auditor ' s Subdivis • on NO - 92, into three parcels as follows: Parcel I : The So h 72 feet of Lot 28 {5895 Arthur Street N• E • }, Parcel II : the orth 72 feet of the South 14LI feet {5875 Arthur Street N •1 both as measured at right angles to the South line thereof, object to the rights of the City of Fridley in Arthur Street •E • ; and Parcel III : That part of Lot 28, lying North of the outh 144 feet as measured at right angles to the South line hereof, together with that part of Gardena Avenue vacated, also subject to the rights of the City of Fridley in ArthurStr` et N .E . and in Gardena Avenue 11494 Gardena Avenue N •E •1 with the tipulation that the existing structures be removed from th property prior to the sale of that property - Upon a voice vote, all voting aye, the motion carried unanimously - 117 PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 2 i 1 Mr. Sobiech explained this vacation of drainage and utility easements generally located between Mississippi Street and Bennett Drive, west of Monroe Street, as requested by Fridley United Methodist Church. He stated, at the present time, part of the building exists over a portion of the easement and apparently, when the church was originally constructed, there was to be an agreement regarding this vacation, but the paperwork was not followed up and the building was constructed. i The Planning Commission recommended approval of this vacation. Mr. Sobiech stated staff does not see a problem with the vacation of the existing utility and drainage easement, if other easements are provided. Mr. Bill Peterson, Architect for the new addition to Fridley Methodist Church, indicated an easement will be given on the west side of the property. He further stated the utility companies were contacted and there were no objections. ' I Mr. Qureshi, City Manager, questioned the screening between the church property and residential properties. Mr. Peterson stated the new addition will not go out any farther than the existing I building and, presently, there are trees between the church and residential area, I as well as a chain link fence. I I No other persons in the audience spoke for or against this proposed vacation. i I ' j MOTION by Councilman Schneider to close the Public Hearing on this vacation request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee j declared the motion carried unanimously and the Public Hearin�#77-0 :45 P.M. I ' PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMC. D. CHANDLER, TO REZONE FROM R-1-AND C-1S TO R-3; GENERALLY EUC77=ETWEEN ISSISSIPPI PLACE ON THE WEST SIDE OF EAST RIVER ROAD: { MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:45 p.m. I i i Mr. Sobiech stated this is a request to rezone several parcels of property i j generally located.between Mississippi Place and 641z Way N.E. He stated the j property presently exists as two lots which abut Mississippi Place and zoned commercial, with the remaining one parcel, abutting 64%2 Way, zoned single family. The request is to combine those parcels into R-3 or multiple family zoning. Mr. Sobiech explained the zoning of areas adjacent to the property covered in the rezoning application. I Mr. Sobiech also pointed out that the commercial property, as it presently exists, is quite an undersized parcel and from a planning standpoint, feels it would be very difficult to have a commercial development in that area. He felt a multiple zoning is feasible and should be considered. Mr. Sobiech explained the property owner does not have any specific plans, but has a concept for the construction of seven units. j Mr. Chandler appeared before the Council regarding this rezoning request. i Councilman Fitzpatrick indicated the Planning Commission had put a stipulation in their motion for approval of the rezoning that traffic would enter and leave j on Mississippi Place, Mr. Sobiech indicated the Planning Commission had recommended approval, with this stipulation regarding the ingress and egress. Mayor Nee questioned if the stipulation was enforceable and could be placed on the rezoning. i Mr. Herrick, City Attorney, indicated a stipulation could not be placed on the rezoning without actually entering into a condemnation procedure regarding access; however, he stated the proposed exit location must meet the City codes. I 116 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 18, 1977 i I ' The Public Hearing Meeting of the Fridley City Council of July 18, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: I Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: I MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski i MEMBERS ABSENT: None ADOPTION OF AGENDA: Councilman Schneider stated he wished to add an item to be considered under "New Business." The item is "Consideration of a Livestock License for Mr. Tom Pukal, 6351 Jefferson Street N.E." MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON VACATION REQUEST, STREET AND ALLEY VACATION SAV #77-05, CITY OF FRIDLEY, LAKESIDE ROAD RIGHT OF WAY; GENERALLY LOCATED BETWEEN THE 1500 AND 1600 BLOCK ON THE SOUTH SIDE OF ONONDAGA STREET N.E.: MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:40 p.m. Mr. Sobiech, Public Works Director, explained this request for street and alley vacation was initiated by the City to repattern the roadways in the area generally located between the 1500 and 1600 block on the south side of Onondaga Street. Mr. Sobiech stated the Planning Commission recommended approval of the vacation with the understanding that the City would maintain utility easements to provide for future maintenance. No persons in the audience spoke for or against this proposed vacation. I MOTION by Councilman Schneider to close the Public Hearing on this vacation request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:42 p.m. PUBLIC HEARING ON VACATION REQUEST, STREET AND ALLEY VACATION SAV #77-04, FRIDLEY jUNITED METHODIST CHURCH; GENERALLY LOCATED AT 666 MISSISSIPPI STREET N.E.: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I f 118 PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 3 Mr. Chandler indicated he is not going to develop the property, but has an agreement to sell the property contingent on the rezoning. Mr. Herrick suggested a first reading could be given on the ordinance and not proceed with second reading until plans are submitted. ' Councilman Fitzpatrick pointed out one of the things not mentioned is the reason for discouraging traffic on 642 Way, which is because the City has a park facility i in this area. j Mr. Qureshi, City Manager, felt the Council, if they wished, could have a first reading of the ordinance to rezone the property and indicate what conditions should be met in developing the property. He felt sure the developer would also want to provide a good access. i Mr. Herrick questioned Mr. Chandler if he.knew when the prospective buyer would intend to build, if the rezoning was approved. Mr. Chandler stated at this point, the buyer has not committed himself, but he thought he would like to start before fall. The agend for Mr. Chandler stated the prospective buyer would meet any codes required by the City. He indicated the Planning Commission requested a proposal for maximum use of the property, and when the buyer comes in with final plans, he is of the understanding all City codes will be met and there will be no variances. The Council discussed the size of the existing commercial property which Mr. Sociech indicated is 11,500 square feet. Mr. Sobiech felt the parcel would be too small to develop commercially, without the necessity for variances to meet setback requirements. It was also noted a portion of this property was taken by the County through condemnation proceedings and did reduce the size of the lot. Mr. Herrick felt the property owner has a legitimate request to have the property rezoned, when it would be difficult for him to use the property as it is presently zoned. He felt, however, one of the considerations the Council must take into account is the traffic problems in the area and what affect the proposed use would have on these problems. He felt, if outleting traffic on one street would be a better arrangement than on another, it would be a legitimate position 1 for the City to take. He suggested a committment on the part of the prospective buyer as to his final plans would be in order and possibly they could meet with the staff. Mayor Nee stated hardship was mentioned in the Planning Commission minutes and questioned if Mr. Chandler wasn't compensated for the condemnation by the County. Mr. Chandler stated the condemnation of the frontage of the property reduced the value by 75% and there was no court that would award them compensation for the j median that cut off part of their access. Mr. Sobiech stated, prior to condemnation by the County, the parcel contained about 15,000 square feet and presently, it is about 11,500 square feet. ` i Mr. Qureshi pointed out the Zoning Code calls for 20,000 square feet or 160 foot i frontage for commercial property. Mr. Herrick stated the parcel is large enough for some legitimate use and the question becomes, does the present zoning permit economical use of the property? j He felt the City and owner should work towards finding a reasonable use for the j I property. ` Mr. Chandler felt their request for R-3 was an upgrading of the zoning and a good use for the property. Mayor Nee questioned if they would consider R-2 to which Mr. Chandler indicated � I he did not wish double bungalows or R-2. No other persons in the audience spoke for or against this rezoning. I PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 4 Councilman Fitzpatrick stated there was a great deal of opposition at the Planning 1 Commission meeting and was disappointed that no one was present at the meeting this evening. Mr. Qureshi, City Manager, asked Mr. Chandler if consideration was given to using part of the property for multiple on the north side and retain the residential on the south side. j Mr. Chandler stated he hoped they were presenting a reasonable request to have it rezoned to R-3 which he felt would improve the appearance of the corner and did not feel they were unreasonable in this request. i Mayor Nee stated this item will come back to the Council for first reading at the next meeting and indicated rezonings require four affirmative votes. MOTION by Councilwoman Kukowski to close the Public Hearing on this rezoning request. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, i Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:12 P.M. PUBLIC HEARING ON CONSIDERATION OF EXPENDITURES OF REVENUE SHARING FUNDS FOR 1978: MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:12 P.M. Mr. Qureshi, City Manager, explained the public hearing is a new requirement imposed on the utilization of Revenue Sharing Funds in order to provide input from any resident. He stated notices were published and questions will be answered regarding the recommended use of these funds. He stated the staff is recommending the Revenue Sharing Funds be used for some capital outlay items. i l Also they are recommending use of these funds for community celebration, naturalist program and for funding a person in the Parks and Recreation Department. Mr. Qureshi then reviewed other items recommended which covered a sprinkler system for the Civic Center, items for the Police and Fire Departments and equipment i for Public Works, as well as a physical fitness program and the purchase of playground equipment. I - Mayor Nee questioned, if the City did not have the revenue sharing funds, if they 1 would still proceed with some of these programs. Mr. Qureshi indicated, if the Council did not have this resource, a lot of the things might not be funded, unless the Council wished to increase the taxes. Mayor Nee suggested use of the funds for social services. He felt Congress looks more favorably on this type of disbursement than equipment items. I i Councilman Fitzpatrick indicated he was under the impression when the Council held public hearings on the budget that revenue sharing was part of it. i Mr. Qureshi stated there will be another hearing before the Council for the total budget and this hearing is merely to receive input from residents and suggestions from the Council before the budget recommendations are prepared by the City Manager. Councilman Fitzpatrick indicated he could not see the real purpose of separating the expenditures of the Revenue Sharing Funds and having a separate hearing. Mayor / Nee felt it makes it more clear cut that the Council held the hearing regarding the expenditure of these funds and gave residents an opportunity to speak. Mr. Alex Barna, 560 Hugo Street N.E., concurred with Mayor Nee's remark that he would rather see the funds earmarked for public service. He indicated he would like to see purchases for the Police and Fire Departments come out of the General Fund. He suggested areas for expenditure of Revenue Sharing Funds would be the Teen Center, Parks and Recreation Department; and if possible, the Islands of Peace. Councilman Hamernik felt the fact that Revenue Sharing Funds are temporary and could be withdrawn has to be taken into consideration. He indicated the City has funded some of the human service type programs on a continuing basis, consequently, --- ------- --- 128 REGULAR MEETING OF JULY 25, 1977 PAGE 4 Councilman Fitzpatrick indicated he was not inclined to move the rezoning of the R-1 property over the opposition of the people in the neighborhood. Councilman Fitzpatrick stated the objections were to increased traffic on a residential street and increased pressure on inadequate recreational facilities. He felt, by locating the parking lot on the north end, part of the traffic would be eliminated; however, because of the situation at the exits, people will drive around the block to exit on the other end. He felt, in general, there would be increased traffic in a residential area. Councilman Schneider stated he shared Councilman Fitzpatrick's concern and couldn't comfortably go along with rezoning in the R-1 portion. MOTION by Councilman Fitzpatrick to deny the rezoning based mainly on increased traffic in a residential area, increased pressures on inadequate recreational facilities and opposition by the R-1 property owners to rezoning the R-1 property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The petitioner requested that all minutes from the Planning Commission and Council pertaining to this item be forwarded to his attorneys, Dorsey, Marquart, Windhorst, West & Halladay. j CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-05, CITY OF FRIDLEY, LAKESIDE ROAD RIGHT OF WAY; GENERALLY LOCATED BETWEEN THE 1500 AND 1600 BLOCK ON THE SOUTH SIDE OF ONONDAGA STREET N.E.: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION SAV #77-04, FRIDLEY UNITED METHODIST CHURCH; GENERALLY LOCATED AT 666 MISSISSIPPI STREET W.E.: i MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 13, 1977: I APACHE CAMPING CENTER, SPECIAL USE PERMIT SP #77-04, 7701 EAST RIVER ROAD: Mr. Sobiech, Public Works Director, explained the Planning Commission held a public hearing on this request for a special use permit and recommended approval with certain stipulations. He explained the petitioner met with property owners � in the area and there is general agreement between them regarding operations at this site. The Planning Commission recommended the following stipulations: 1. That the development of the property be generally consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. 2. That landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. 3. That there be no outside loudspeakers. 4. That outside lighting after 10:00 p.m. be limited to security lighting of the property (the illumination being such a nature that it would not be annoying to the adjacent neighborhood). 5. That there be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. . 6. That there be no test driving in the residential area. I 7. Any unsightly storage be stored at the rear of the property (behind the j building). I - i i I 127 I REGULAR MEETING OF JULY 25, 1977 PAGE 3 Mr. Bill Nicklow, Shorewood Inn, stated they employ a bouncer to keep things in line. He stated the proposed new fee schedule would increase his fees by 40% and he felt that was a little high. Councilman Fitzpatrick stated he could live with a layover of a year in view of the State tax. However, he indicated this then implies that costs haven't risen in the last five years to which the Council is cognizant that they have. Councilman Hamernik indicated, in considering this ordinance, it would not go into effect until May of 1978 and this would be almost a year. He stated he would be in favor of the revised proposal with implementation on the anniversary of renewal of the license. Councilman Schneider indicated he shared Councilman Hamernik's viewpoint. He stated the increase would not take effect until next year and definitely would be in favor of the lower increase. Regarding the banquet facilities, he felt he would be more comfortable with using less than four or five times per week, rather than three times .per week. He felt, if action is not taken until next year, there would be a two year delay and it was not fair to the public to take from the ` general fund to cover the cost of the licenses. Councilwoman Kukowski indicated she would like to see the floor areas for the establishments. She stated she would be in favor of tabling this item until next year and felt uncomfortable with the increase in view of the action by the State in incrasing the tax MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to amend the ordinance by dropping the base fee of $500, and starting at the base of $4,500, for no entertainment, with increases to $4,750 and $5,000, depending on square footage. The base fee for entertainment ( and/or dancing would be $5,500 with increases of $5,750 and $6,000 depending on square I l footage. Seconded by Councilwoman Kukowski. 1t1 I MOTION by Councilman Hamernik to amend the paragraph of the ordinance regarding banquet facilities by striking the word "three" and substituting the word "five." Seconded by Councilman Schneider. MOTION by Councilman Hamernik to add a paragraph to the ordinance which shall read as follows: "This fee schedule shall take effect on May 1, 1978." Seconded Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE THREE AMENDMENTS, all voting aye, Mayor Nee declared the motion carried unanimously. i It was requested staff furnish an analysis of the impact of the new fees before second reading of the ordinance. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION to adopt the ordinance upon first reading, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 657 - FOR ZONING ORDINANCE AMENDMENT ZOA #77-02 ROBERT FLATEN, I TO REZONE FROM M-1 TO R-1 , 176 ELY STREET N.E.: j I MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 657 . and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: I OF FIRST READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #77- . D. CHANDLER, TO REZONE FROM R-2 TO C-IS TO R-3; GENERALLY LOCATED BE 41Z WAY AND MISSISSIPPI PLACE ON THE WEST SIDE OF EAST RIVER ROAD: I i Mayor Nee stated the Planning Commission recommended approval with a stipulation. Mr. Sobiech, Public Works Director, stated the stipulation was that traffic ingress and egress on Mississippi Place only. Mayor Nee questioned how many units the R-3 zoning would accomodate. Mr. Sobiech stated up to eight, but seven would be most feasible. i Y A.r t� CITY Z=04= �10, L" . i 5431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHUNE ( 512)57] -3450 August 2, 1977 CITY COUNCIL ACTION TAKE! NOTICE D. C. Chandler ZOA #77-03, Rezoning of 11320 Mississippi Drive Lots 1 , 2 and 3, Johnson's Champlin, Minnesota 5531'6 River Lane Addition , Lni(..u(r eir l.Iand l -r On J_u].25, 1977 the Fridley City Council officially SCI c�� X�t �{ X RXXXXRXjRX denied your request for rezoning with the stipulations listed below. Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, JERROLD L. BOARDMAN CITY PLANNER JLB/de Stipulations: All minutes and a copy of this letter will be sent to your attorney. Concur, with action taken. At)44 'I';'37� ' 3 ORDINANCE NO AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1 . Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley an described as: Lots 1 , 2 and 3, Block 2, Johnson's River Lane Addition , lying in the South Half of Section 15, T-24, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as R-3 (multiple family dwelling areas) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or areas to be rezoned from Zoned District R-1 (single family dwelling areas) on Lot 1 , Block 2, Johnson's River Lane Addition, and from Zoned District C-1S '(local shopping areas) , on Lots 2 and 3, Block 2, Johnson's River Lane Addition, all to R-3 (multiple family dwelling areas) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1977. WILLIAM J. NEE - MAYOR ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: July 18, 1977 First Reading: Second Reading: Publish. . . . . . . rig lr_ar ��,� © • • MEEZZOM 41q � � �►0 �_�:.ea��soo`'o�■ iii oo �''�� dr -� oa y � .____ �• ?� ., INN— SIN i FA Nr a .0 d� o �001�RWi�► ��� .II� 's� e A0al41�1 Ill►/ �q= Toan \�• IInn s 00 o�� c o U logoe 0090 oe ®gym NIRSWINha F! 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