The URL can be used to link to this page

ZOA77-01 CITY OF FRIDLEY MINNESOTA ° PLANNING AND ZONING FORM NUMBER Z C7 A±Q 1)-O 1 TYPE OF REQUEST APPLICANT'S SIGNATURE , X Rezoning Address 1�CP �5 6 r n I` ® � K I P Special Use Permit — DApproval of Premin- Telephone Number k& inary $ Final Plat PROPERTY OWNER'S SIGNATURE �AEL-\-'2,a�� Streets or Alley I f Vacations Address /36 D 0, 6 o r v,_a Y r l `P ti Other Telephone Number2- Fee I�oo Receipt No.d, IC17 1326 ��,,�. �33r mr,gomooti QQ.. Street Location of Property 11q q Legal Description of Property 2- a3 tw,-,t Z rn r,#odwm ocYt- licat ce Present Zoning Classification / Existing Use of Property Acreage of Property 39,20u Sy Describe briefly the proposed zoning classification or type of use and improvement proposed R- L - .-7 w o -F(411:L Y OW lt L-L rN I 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? yesX 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. S. 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 Z — L IGNATURE C_ (APPLI ' ) Date Filed' 7 Date of Hearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied CERTIFICATE OF SURVEY JAMES L. KURT LAN ® SURVEYOR �9 730-40TH AVENUE N.E. 7889769 COLUMBIA HEIGHTS 55421 1 HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERCO LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNC90TA --r DATE � ` �� 7+ 1,. f SCALE 1"= F' ____�_� MINNESOTA REGISTRATION NO. 5332 0 = IRON MONUMENT I R I ! � Q"c"� V kr 7 ct Tru S ,v � vvl i �s r I 23 22 1 PUBLIC HEARING BEFORE THE ."4 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, April 6, 1977 in the Council Chamber at 7:30 for the purpose of: Consideration of a rezoning request, ZOA #77-01 , by Gary Peterson, to rezone Lots 3 and 4, and Lots 22 and 23, all in Block 2, Meadormoor Terrace, from C-1 (local business areas) to R-2 (two family dwelling areas) , all lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1326 and 1344 Osborne Road N.E. and 1331 and 1345 Meadormoor Drive 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: March 17, 1977 March 24, 1977 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, June 13, 1977 in the Council Chamber, at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #77-01 , by Gary Peterson, to rezone Lots 3 and 4, Block 2, Meadowmoor 'Terrace, from C-1 (local business areas) to R-2 (two family dwelling areas) , and Lots 22 and 23, Block 2, Meadowmoor Terrace, from C-1 (local business areas) to R-1 (single family dwelling areas) , all lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1326-1328 and 1344-1346 Osborne Road N.-E. and 1331 and 1345 Meadowmoor Drive N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J. NEE MAYOR Publish: May 25, 1977 June 1 , 1977 (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, April 6,1977 in the Council Chamber at 7:30 for the purpose of: Consideration of a rezoning re- quest,ZOA#77-01,by Gary Peter- son,to rezone Lots 3 and 4,and Lots 22 and 23, all in Block 2,Meador- moor Terrace,from C-1(local bus- iness areas) to R-2 (two family dwelling areas), all lying in the North Half of Section 12,T-30,R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1326 and 1344 Osborne Road N.E. and 1331 and 1345 Meadormoor Drive N.E. Anyone desiring to be heard with reference to the above matter may be and at this time. RICHARD H.HARRIS, e Chairman Planning Commission ,arch 17&24,1977)--&B8 Planning Commission S- 7 . MAILING LIST City Council ' 02 s-77 ZOA #77-01 GARY PETERSON Lots 3,4,22,23 Block 2, Meadowmoor Terrace Rezone from C-1 to R-2 Anderson Trucking Service, Inc. Mr. & Mrs. W. F. Thiel 203 Cooper Avenue North 7627 Central Avenue N.E. St. Cloud, Mn 56301 Fridley, Mn 55432 Ed Chies Mr. & Mrs. Robert Knoll 7651 Central Avenue N.E. 7613 Central Avenue N.E. Fridley,Mn 55432 Fridley, Mn 55432 Briar Homes , Inc. Mr. & Mrs. Bernard Heille 8535 Central Avenue N.E. 1418 Meadowmoor Drive N.E. Minneapolis, Mn 55432 Fridley, Mn 55432 Lambert-Petersen Mr. & Mrs. Walter Lizakowski 1917 Old Highway #8 1402 Meadowmoor Drive N.E. New Brighton, Mn 55112 Fridley, Mn 55432 Mr. & Mrs. Dale Thorp ®ZZZ&Z®Zs. 1376 Osborne Road N.E. Fridley, Mn 55432 Mr. Larry Lee and Ms. Patricia Von Mosch 1392 Meadowmoor Drive N.E. Mr. & Mrs. Ronald Frankhouser Fridley, Mn 55432 1392 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Lindman 1378 Meadovimoor Drive N.E. Mr. & Mrs. Larry Prescott Fridley, Mn 55432 1400 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Castro 1362 Meadowmoor Drive N.E. Mr. & Mrs. Loyd Erion Fridley, Mn 55432 1412 Osborne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Ralph Melbie 1346 Meadowmoor Drive N.E. Mr. & Mrs. Patrick Maxey Fridley, Mn 55432 1413 Meadormoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Pavlik 7651 Meadowmoor Drive N.E. Mr. & Mrs. William Baerboom Fridley, Mn 55432 1401 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Morin 7635 Meadowmoor Drive N.E. Mr. & Mrs. Daryl Rollog Fridley, Mn 55432 1391 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Allyn Beekman 7619 Meadowmoor N.E. Mr. & Mrs. William Sharp Fridley, Mn 55432 1377 Meadowmoor Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Bauer 1359 76th Avenue N.E. Mr. & Mrs. James Hanson Fridley, Mn 55432 1371 Meadowmoor Drive N.E. Fridley, Mn 55432 �G ZOA #77-01 Page 2 M. & Mrs. Marlyn Jeske 1367 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Melvin Doolittle 1375 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Vernon Larson 1383 76th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. William Holte 1415 76th Avenue N.E. Fridley, Mn 55432 Gary Peterson 1360 Os borne Road Fridley, Mn 55432 City of Spring Lake Park 8429 Center Drive N.E. Spring Lake Park, Mn 55432 n7 F- A d o w m o o/9Q R, "76-s-, -,Aft cdaoma-aA- 4)g, . �4Zn�. ✓e''V YVOSCf> e3SZ /1'?�/I13dG✓�tdQ/� �� . '44 Zoe lLI? 13 oo-6o-L-i*1oj r. 0 t'5 5c In t 6 41 i A, GARY PETERSON, ZOA #77-01 $ 4 Y C-1 to R-2 N/ 4 00AER sec. —UN IMITS OF CITY OF FRt LtY o 30 fe ftre /+� i I0 iiic T �' o i ' > J h r 1.7 1 OI 0 0 O. O%—lL�-tf •i• o ;n S DRIVE Vw Z J tia .�•,tyl!. ::of•.a3..r,r. s 73 7S 7f %S' 7S 7 7S 7S 6or•.:,., 1 • •t .. 76' tj o ° `RACE"' Andersen %rvt^✓rin9 •Servict,/.jc. 1 `� �� s ICR K% L � ' 3 /s AWOL q Wa 6fC /• .7�� vJ Com'-ter' ;'� �• �'i� 'I� �tl ' z20 A _ �.q —.ILfl_—� to .,.5..,•., R :,-i 8 i'` . � �.! h h:.�! en` Di.•6' ' Vii{ 1 �'ZS° f M•` p�� f j a , ° v V 2 m .J_ a:»-r., �,'sr'aaa•�` ..°: `�?.• i. ', LL a_.'p 96• 9L l9: i ••.'"h�f..a I °F3C!'pr:e r iai. • ,� -��--- —--,- to r; L� i7Sc� �96o fo i O i 955� p ; Nv . # (/iro✓J RCti•`1 :;�c. ^•,�=--- ... ,1?anccrs T® �►V 6`- J "f'`�� '6 }'� r t ^—AD�Z� f i r a �I 1• L 'f V t°"' ti 0 tl7'lOT 17 hr 90 ' (i�6'�DI ^:�'J'rP �'�,\..r O _ ...�•' la''.•:�.f \` �� .. � a ry '�' *) y. , 1 �i �/ �• so ' • ' � 77L- a - JL--'------ -� F• -. __ ;dFs-Jfs•ij is•w 899,.?S .- - - 6 • 75 �[,' E N ^4 NBfT.lii1 L Ilq-.. ~ff T ii 1� raa �i t.e 3l �-• 13 N 1 1 (•s=ue vol q� ` AUDITOR'S ,SFr D � y 12LJ o ° !g10J (915,/ (9301 I r f ^o.7/f 3'° ... t FIRESIOL. 7f, 1 r , _:aO r•` ~ Q•IC .rr' �r . 10 1 °�''► ,,pry.• � -'� \ OPPOSED TO REZONING ® 4 E 174 ... .. .. r n d n'J M 13 04 ,Ai 5O Rpm 1!�34 136 :� 4y� ovl 6 1 H y 221 �'a'^ Far• ;,Sj c . < 75' I r.. .� 1�,'l.�Jc._. s~ (o r.n :fVL .. /tr^ - ` � '� •c , ss�,/"s � � ° �r i fi 11�C...P! � 294.af 1.9 Ar 2�9 7r t.1 00 ♦e �r5°K s • � V �1 0 'a•r s�� Yt .:l 6 ' IV9a !Sp / , a 76 T Xq RNn' - . / ��' '� � '� iI®h ? M I"`• :'. 2 ,:Ih oli TLc�T / v� r - 3 ti 3uj L (r �r�yA�",y, Z I�;. fa � >-� � I Jc sRs�:nA• � ,�� /p, �I ♦ retr . = ti�,iaa 5 ..,-.., r 90 5 .', c .•.'` :� f- . � � °S �p,f±1"tlbbPPP 1 N Z� . A �^� , b`)�7s- ` 3Cr..._ - aS �>d+' AUDITOR' S �► �• 1� �,Nr.,iyr 411�v �C ,, o� Gi D f/Ytl�Bj' c & +f'� 1, � c� "� � � �! J'�'tii , t;h ^ v •i l,. i.. i � i i � .• F • Lam.:ay`' ._...—..-_ _��e I) %r... a (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 Northeaston Monday,June13,1977in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a rezoning re- quest, ZOA #77-01, by Gary Peterson,to rezone Lots 3 and 4, Block 2, Meadowmoor Terrace, from C-1(local business areas)to R-2(two family dwelling areas), and Lots 22 and 23, Block 2, Meadowmoor Terrace, from C-1 (local business areas) to R-1 (single family dwelling areas), all lying in the North Half of Sec- tion 12,T-30,R-24,City of Fridley, County of Anoka,Minnesota. Generally located at 1326-1328 and 1344-1346 Osborne Road N.E. and 1331 and 1345 Meadowmoor Drive N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J.NEE Mayor (May 25&June 1,1977)—SB8 BRIAR HOMES, INC. RICHARD S. CARLSON 7691 OLD CENTRAL AVE. N.E. FRIDLEY, MINNESOTA 55432 April 21, 1977 Mr. Jerry Boardman Planner City of Fridley 6431 University Ave. N.E. Fridley, MN. RE: Lots 3 - 4 and Lots 23 - 24, Meadowmoor Addn. Dear Mr. Boardman: This is to inform you that, as the owner of the office building located at 7691 Old Central Avenue N.E. in Fridley, I am not opposed to rezoning the area for double bungalows. In fact, I feel that building double bungalows on these lots would create a very nice buffer zone between the residential and business areas. incerely, 40 Richard S. Carlson RC:ks 4A Lambert & Petersen Inc. 1360 Osborne Road Fridley, MN 55432 City of Fridley Counsil. In regards to rezoning of property on Meadowmoor Drive and Osborne Road. From C-1 to R-22 . We would like to have lot' s 22 & 23 rezoned to R-1. And lot ' s 3&4 rezoned to R-2 . Thank you. Lambert & Petersen Inc. � _ 'I � � . «T _ _ _ J.r.. _�.�.. - .. r _. r - ,4 .. _. .. _ .. .: - .,' .. � y{ �_- �.. � - i - _. .. '' � - �, .. -. -. _ - ... � - �'.. i.: .. i,`= -� �... _ .. LAMBERT PETERSEN, INC. 1360 Osborne Road Fridley, MN 55432 April 12, 1977 Mr. Jerry Boardman Planning Department City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Boardman: Regarding our rezoning request for Lots 3-4 and Lots 22-23, Meadowmoore Addition; we would like to request that the date of the hearing be rescheduled from April 20, 1977 to May 4 , 1977 . Thank you for your help in this matter . Yours truly, GARY -A,-PETERSEN GAP/njc • 4B CITY OF FRIDLEY PETITION COVER SHEET Petition No. 4-1977 Date Received April 14. 1977 Object In opposition to rezoninq of Lots 3 & 4 , and Lots 22 & 23, Block 2, Meadowmoor Terrace 1326 & 1344 Osborne and 1331 &_T32F5_ Meadowmoor Drive)(Now zoned C-1 ) Petition Checked By Date Percent Signing Referred to City Council Disposition 4C Petition #4-1977 (TYPED FOR LEGIBILITY) We the undersigned request that Lots 3 8 4, and Lots 22 8 23 , Block 2, Meadowmoor Terrace; address 1326 8 1344 Osborne Road and 1331 8 1345 Meadowmoor Drive zoned C-1 local business remain zoned C-1 or changed to R-1, single family dwelling 8 not re- zoned to R-2 , multiple family dwelling, be it duplexes or double bungalows. Walter Lizakowski 1402 Meadowmoor Drive . Bernard Heille 1418 Meadowmoor Drive Pat Maxey 1413 Meadowmoor Drive Sharon Rollag 1391 Meadowmoor Drive Sylvia Maxey 1413 Meadowmoor Drive Kay Boerboom 1401 Meadowmoor Drive David Rollag 1391 Meadowmoor Drive William Sharp 1377 Meadowmoor Drive Rick Castro 1362 Meadowmoor Drive Jerry Greenwood 1430 Meadowmoor Drive Jean Greenwood 1430 Meadowmoor Drive Adeline Morton 1444 Meadowmoor Drive Charles Lindman 1378 Meadowmoor Drive Julie Beekman 7619 Meadowmoor Drive A. C. Ossenkop 7603 Meadowmoor Drive Wanda Ossenkop 7603 Meadowmoor Drive Mrs. Gary Halloran 7601 Central Avenue Gary Halloran 7601 Central Avenue Marcia Knoll 7613 Central Avenue Robert Knoll 7613 Central Avenue Donna Czupta 7620 Bacon Drive Clalia Scribner 7600 Bacon Drive Ken Scribner 7600 Bacon Drive Carol Holt 7651 Bacon Drive Wallace Willman 7627 Bacon Drive Kathryn Willman 7627 Bacon Drive Deann Sharp 7613 Bacon Drive Judy Addis 1437 76th Avenue S .R. Klaers 1429 76th Avenue F.M. Limesand 1409 76th Avenue Wendy Henrickson 1423 76th Avenue Sue Steeves 1391 76th Avenue Larry Steeves 1391 76th Avenue Vernon Larson 1383 76th Avenue Judith Doolittle 1375 76th Avenue Mike Doolittle 1375 76th Avenue Juleen Jeske 1367 76th Avenue Roger A. Bauer 1359 76th Avenue Raymond Czupta 7620 Bacon Drive Jean L. Forster 7650 Bacon Drive Linda Jaworski 7676 Bacon Drive Richard Jaworski 7676 Bacon Drive Hegbert Olson 7688 Bacon Drive Maryanne Olson 7688 Bacon Drive B.E. Millan 7698 Bacon Drive 4D Petition #4-1977 -2- Ardell McLaughlin 7689 Bacon Drive Laural L. Popp 7677 Bacon Drive Robert Rehard 7665 Bacon Drive Gary Julkowski 7639 Bacon Drive Doreen M. Julkowski 7639 Bacon Drive Marlene F. Bauer 7630 Bacon Drive John Hennes 7600 Arthur Street D.M. Hennes 7600 Arthur Street P. Kline 7612 Arthur Street G.E. Kline 7612 Arthur Street Typed 5/18/77 JM r l' r 1 1 ell -- -E! n( Xll rIC4 - . 1 r - - T\ r/� A I �� - -•Q!� J® a'L'6.- __sl r^ZU� �l /I Y[-G'c-� � GZ']-aG'�/ T C� 4I —+-� •�- L4 t�-tC �A�!_.rLr.C;r 42C��Gdta,.L /1 �4• 7 s C� �Lcs� Com-+-r 9 /�'-�-�•-�c..r-r•C _�-C•� �� Ll y / +�C n de 0( C.,,Lt)rLIZ e 41, Al !J n Ili KK A121 cv� 7 Le�,l1 I I I r � � C ' � n A 46- CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 April 15, 1977 Dear Residents: Re: Rezoning of properties at' 1344 and 1326 Osborne Road N.E. and 1331 and 1345 Meadowmoor Drive N.E. We have received a letter from the petitioner to continue the Public Hearing for rezoning the above properties, that was held before the Planning Commission on April 6, 1977 to May 4, 1977. The purpose for this continuation is to coordinate the rezoning request with the petitioner's request for variances to the Zoning Code. (See attached letter and Notices. If you have any questions regarding this matter, please feel free to call me at 571-3450. Sincerely, ROLD L. BOZDN CITY PLANNER JLB/de LOTS 1-4, 22-26, BLOCK 2, MEADOWMOOR TERRACE May 14, 1964 Public hearing set before Planning Commission Continued to June 11, 1964 June 11, 1964 Public hearing closed & recommended approval July 7, 1964 Public hearing before Council, closed & first reading of the rezoning ordinance. July 20, 1964 Ordinance 4277 adopted changing the property from R-1 to C-1 The only mention made in the file, either through the minutes or correspondence was in the Council minutes of July 7, 1964, Page 4: "Mr. Bernard Julkowski, developer., explained to the City Council they had only proceeded to a point on the rezoning because they wanted to build houses." JM 4/19/77 6q -1 April 6, 1964 TO THE PLANNING COMMISSION: This is a request to rezone Lots 1, 2, 3, 4, 22, 23, 24, 25 and 26, Block -2, Meadowmoor Terrace from R-1 to C-1. Yours very truly, BERNARD JULKOWS,KI 1420 Molan Ter/ace N. E. Minneapolis 21, Minnesota J i�.,-am!]=',� rCr'i:t�.:i37.DY2 �C�4.'�.l.I2v Xv 14, i.90'4 rake 4 a, HIBL=, :F�IZST,73:# 64-(?b i Z,7mX -D .SU ,C'viS�Y r I-1. 3z1se Glum Wallace is to be praakmt at the z ting•oc thy 2-13t, :ar. .'su.li=Gk4. waa auked U this l:aa:.ing c�Duld be ccntinuad until 101=4 12th, PIS agreed. MM,'l by Z* aasrnra, sn=udad by 'h=psen, that the Hearing on the xazaniz�g xoq,usst„ 7Ab x;-64-06, Brxzm--d 3uiti,��-r�si, :Lata 1 thru 4, Lots 22 th u 25, Block 2, k:aada4mr-wr Te=mmce, be continued until June 11;h. Upon a voice vat-a, all votimg aye, tha moticm caa'zied, 6, I'MiL:G IMMaTi. ?' 2f i tIG =n. ZOA a)la-47., BAWO BUIT.DI..`IG ST- SO IS5 I GS by Johansm,, by Pgndml. 4:�.�'xJ� i:;-� 1t.31U,�.�Y.0 .'."r'r:L�'�..�..•? �J� t�!1�3 i``�iG'.�.XT,L�? '"�::G;�f?!�t`., I''.5.1 �`�{Ju•.+��.. �'+ 1.?C�! • _C�t'Z��,«Y.� Va to M-i •��._� -'-� �: 75 • th�iJ� }•�: � �.*>,�h. CJS �L.1"1' ��2�:_.��.?T �j7 �`.=d'� a "'", t_:.".` ,:d'_:'.'*1•7•li�j ,:_ ��.' +'J1d " mt 77 .<teaS` f3 ",::i .lsa'3Z... �)a.'3 fC±s{ f$' ^`'1...0. .... .'J r;4 ".�'� L3w�; '^,'�'�°?7�. �j2n? `.�:7';'f;:'1 ,.j.j � ^^�:�.P1•�:5:1 !''�'��::i> ? i-1: •1 1 _ 1L- 01 YC—.,LLn Upon a L` vots�, all votim?, ay?-, =:i cav i quo f..�,. .�•.�. r�, +js h "`*tF ;7'r?•T 1 •i? fi �-.� "� 'S 2,Lt:.i-.-.�.� z-� �.5' �?�iu, �..�i�i itf, 'C` . S' .. u� -'64-08 �? n t o Lo , , .,c I; u K;�3a`y i .� Z:.c! a =fs-xal hK=;4 .� LTJb tZw' +"id"`3i y4 '.u$d�C :l U4 Jobc'"o fi.hat 'n, -j dzt2l o&c Ja,ria 11, 19-"- a:3 &,o public b:taring, they 1 A .^4•G , .al l�tic� k1sill Lex Lin 2, ul.ack 1, D".OL-r{v 2nd- Addition R Irl to per:; Z=i=3 for a -,I. mr cal h:mA :.ee vnta, &31 votx ;lea :fie =tura e=Tied, 1•� i.— 4 ��+„''�.1� ��%��rb�=� �.�1W..A 4 ��Nv r.i/ 17r T•1:J�.ail+.}i i�� i'aSi� J A�• �l V`/�1 y� yp �•�IWI�.y �:T..T cy .�aa��.pp��f�� .a, s�x�.d d by B's-ndel,, zaat the PLmulX; (.C=mizsti= ++r.+f.•.Jr W 6Jwi:.iMrl J 19514 bar than oli= hia=fi.g QjE the p ..oaad p�z^al'imirs '• w.f �':. o I.Ttiti°•11, L vd Cccbx=, c)a3ing part of 71 all QS IwtJt 8, it�r -'U St:b IvisJx�sn 22. Upon a void vat.et, all voting, aye, tha .a. 1.:,,,,-�1', ti�',w�f '�'S t�}�+Q�j, At. �> VA r Y. 8 :tt+j•` A�' . ..�'i�t'i i"� 2 b1 .c rs� ', �:,n 'DZ•i-rt �nfn hin G'•.Z=•;L i,•,•:2 i�.�., ?`„' � � :�:^~�. � E.'�r �>.i � 1U :�: .1 r• .c?,�ai� ''^•"�"T'�ty . � i....,4 _ .•.�._,...„.,�.�...,.�.,....�.. �..°.F•1.�.,�...,��.�-...,.�...o. _ .a 1':�'. 1' `� ri t';C�:.-..+..:2-' Y,T'P:l `' �r •::� .� :2.. ,T;. { �;�u .� )i.i s3 V �'�`» all voting ;ate'..•, `� ;."J�:;.�';, �7:_:t:3:'•tl,. l_)IYW.<hM"JLt.'CL�W:L1►�J.�'.�iMItM- 'L FIA=G CQN=SION I�IG - JUN27 11, 1964 P.&GE 1 The meeting -was called to order by Chairman Kravik at 7:40 P.M. RM GALL: Yembers present: Johanson, Bandel, Xravik, 'l�pson, Bergman others present: Engineering Assistant Clark Consultant: W. Glann Wallace, AIA APPROVE 2MiI3' ,u 0_ PT�T�`Tti;G CaMSSION T ''1'�tiG 2�aY 14, 1364E 14MMON by Johanson, seconded by Bandel, that the Planning Commission approve that minutes of the Planning Com6dasion meeting of .:ay 14, 1964. Upon a voice vote, the ration carried. APPR= I CPA �=.G C � ESSI0;1 1� :G - MY 21, 1964:TF IM=N by 'Dern, seconded by Thompson, that the Planning Co=misslon approve the Minutes of the 'Planning Commission meeting of May 21, 1904. Upon a voice vote, the motion carried. RMEIM x1...I31177S ri: PINMXS & _n_MYC_nvjNBS Sbm-BGG! ?'TE . !MT-MIG 18, 1954: lar.1-01.1 by Thompson, seconded by Bandel, that the Planning Commission receive 'tea -,Liaut s of the Parks and Playgrounds Sub-Comnittwe Ming of J'ay 13, 1964. Upon a voice vote, the.motion carried. R .C:' SIVE Sr.;U-''S Cil MRXIS & P!-VX.M- CMTDSu�3f Gr;��rTT� ��G X _7Z 9 1954 0- Lion-0:1 P.on-0:1 by Mompson, seconded by Bandel, gnat the P?arai3ng CcmmissiOn receive the mirsutes of the Parks and Plwyg,ounds Su'o-Csmittcs M ti�� of June 9; 1964, Upon a voice vote, the motion carried. RAE __S � S' :.TS & L3?' IT?-:.5 SI?B-RC2 t `IG JLC 1, 1954° 1 011 by Thc=son, seconded by Bandel, that the Planning Co nissi.on -receive &he minutes of the S`aaets and 'Utilities Sub-Committee m°wting of June 1, 1964. Upon a voice vote, all voting aye, the motion carried. R=1 =73 ? ?[;' 7S (3:' P7L'L''S & S'37)P i:CS':O,?S SUB-CM-_&3 Imo='�.NG - J=7 3. 19G4: 2 OY by Thm*son, seconded by Landel, that the Planning Cotssion :;eceiva the minutes of the Plats and Subdivisions Sub-Ccminittae Meeting of Duna 3, 1954. Upon a voice vote, all voting aye, the motion carried. 1. COV?''I;IT D PUM+C T''? Plannin Cc=-(3sion Meeting - Juna 11 1964 Page 2 t:OTXOtI Lr 7 'In=pson, seconded by Bandel, that the Planning Coram.!es ion close the public hsaxin; of the rezoning request, ZQA X64-06, Barnard Julkowski, Lots 1 thru 4, Lots 22 thru 26, Block 2, 'Ileadowmoor Terrace, rezoned from R-1 to C-1 and r=ctxncmd appxaval to the City 'Council. Upon a voice votes, all voting aye, the motion carried. Y-MOIT by Thcmpsoa, seconded by Banded, that the Planning Ccmission receive the letter dated June 8, 1964 regarding rezoning request of Bernard ,iulkowski, Lots 1 thru 4 and bots 22 thru 26, Block 2, lleadowmoojr Tax—race by Wo Glen Wallace, Consultant, and reccccmand a copy be called to the attention of the Council. Upon a voice vote, all voting aye, the motion carried, 2. PUBLIC MA-MI IG s =0'. G EM4 U ST, ZOA 04-08, WALLA"-.CL 1,ffid=e Lot 2, Block 1, Bxookview 2nd Additicm. R--zona from H-1 to C-2, :1-aneral hcmao The C--=iasion dismssed the possibility oz" getting a Special. Use Permit in ozdar to assure a specific tjpe of business for this area gather than using a zoning category, 2:r: 2obart Anderson spoka in favor of having a funeral hams in his neighbor r,odo lea Miller had a patition, signcd by Mr, and Mrs. Gerrity, the near-st people to the proposed mortuary, fax.7orinzg tea rw-zoninzo M=,—= by Johanson, seconded by Bandal, that the public hearing of the rezoni� :eauest, "^ x164-08, Wallace Miler, Lot 2, Block 1, Brooicsicw 2-nd Addition. n�v.oning frcm a-1 to C:-2, funa.ral hare, be continued until the a :st r --3.r r`eeting. Upon a voice vote, all voting aye, the motion carni a."-- ai l..&.. by Johanson, seconded by Thcmpsou,- that the Planning Commission TeCOM--r.d ZO the COGUIXil that tha '1.e7.UJ,ing :request, ZIOA 1%t4-08, Yi311,_ice 11iller, '-Dc 2, Block 1, B.=11wi w 2nd Addition, be granted under a Special Use Fermi i. ; o that only a Funeral home can be built on this property pamxraid- ing it c= be incorporated by changing the ordinance, and consida:ring this problem Zz !ts earliest convenience. Upon a voice vota, all voting aya, the motion. carried, 3. PU:LIC 1-7&0111:10-, FRO'.00SED V?M= -�R.. MV,. P�S, 5441I� I.PG:' D Ct'C" .9P10 CMMIMt S , DDIMON.; Parc of Lot 7, all of Lot 8, Auditor's Sul)divlsion v22. lir, Cc-&.ran was present. I:M. ON by Joliznson, secondad by Berman, that the Z la= ng Omission close tha public hearing of tz3 proposed preli-niyaxy plait, P„S, i;64-3i, r.ochaan's AJI-lition, being part of Lot 7, all of Lot 3, Auditor4s Subdi vi3i.on k2 v3.ii1 a cicdir Lion of 33 fe`t for S Cinson Boulevard, and �:eeoend appvwial of plat Upon a voice vote, all voting aye, tha motion carried. 13u wyDe , IMIOZ: by B•andal, seconded by Thompson, that th:- i lanning Ccmi3sian 260 Emerald St. S. E., Minneapolis, Minn. 55414, June 8, 1964. City Planning Commission, Fridley, Minn. Gentlemen: At your meeting of May 21, 1964 you had before you a rezoning request from Bernard Julhowski for Lots 1 through 4 and Lots 22 through 26, Block 2, Yeadowmoor Terrace. After consideration of this request, you referred this to me for recornendation or opinion by your next meeting Juno 11th. This property is a part of a recently platted area at your north city limits at the southeast corner of the intersection of Osborne Road and Central Avenue. The area. at present is mostly undeveloped. The lots in question have an approximate frontage of 327' on Osborne Road and 390 feet on Central Ave., going through to Ulysses Street. The property across Osborne Road, and diagonal across the intersection is presently zoned commercial. The property across the street to the west — Central Avenue — is zoned light industrial. The property under question is zoned single family dwelling. At the present time details of the proposed use are unknot-m to me. But in any case, such a request for a change of z6ning should be accompanied by a clear statement of what is desired in the 1-ray of a change, and a justification for the change. In the absence of clear explanation a change of zoning would hardly be justified. It is my opinion that your honorable body should require such information from the applicaht before any action is taken upon his pcti' ion. Yours truly, W. Glen Vallace, AIA, Planning Consultant. .' 0 Page 3. ?:nyor Nee announced a public nearing on the final plat of i,eadowmoor ic:race Second Adaion. The City tanager read the P7otice of Eea.ring. City EnS neer Qureshi presented the final plat to the City Council. i•inyor WBe e la.ined th a vas an area of property between Central Avenue a-nd Arthur Street ?just South of 76th Avenue --,-ad inquired i-f there were anyone present who Wished to be heard concerning this final plat., There Teas no one present in favor of or in opposition to the proposed final plat. A discussion period vas held regarding location of plat. 1•?ayor Nee declared the public nearing on the final Alat of 1.1eadovmoor Terrace Second Addition closed. Ho tion by Kir hazy to approve the final plat of R°sadomwor Terrace Second k2di.tion and authorize the rayon and City Maraoer to sign -same. Seconded by Johnson. Upon a voice vote, there being no nays, the notion carried unanimously. FIl M"'i M�KNG - VACATI-07 0? llTZ 2MC, ,a,11EAT GU`=130],"T Mayor P?ee anno,=ced a public hearing on the vacation of a drainage and utility ease=ent in Gunderson -Terrace. The City i aQagar read the Yotice of E axing and euplaired this was the area in which n'o'ne City Council '��d received several communications fraA the dzrlerent, eo=ittaes and !:sd ordered the pifolic hea.rino. mayor 31,7ee explained this Public 'he :=1^g %ei3ted to a piece of property that tiTas Procosed P Liy' �n 9xc.�ri- -- .1-e i ng and 't'_�2at a�� 711;2 5 red - zrti es had agreed tat t:w �_SleDaut in mestion vas nolo paces-sexy and the ease- mint- could be &_yr'do=nned. Mayor lee inquired if there tare anyone present ;ho to be heard on the proposed vacation. there was no one -o es e n u in favor of or in opts ition to the `nro^.osed vacation. May= _;ee decl.a-red the public hearing on the vacation of dra•irage and ut_iity easerzent •- Gunderson terrace closed. Motion by Johan-son to accept as f rs t reading an ordinance under Section 22.07 of the City Charter to vacate a utility and drainage ea.se-,-.�en t on GLda^son Terrace. Seconded by Xir'kh .- . Upon a rel? call rata 'chose voting aye, Nee,, Johanson, bi.rkhan, Wright. Those voting nay,, non-M. The motion ca^ied unanimously. p'vn-, IL. ZING - ;T?OIIEM 2- TO C-1 -- PORT101:T OF r;�=0JJ?:? _rm _•:a.yor ?;e e announced a public hearing on the -rezonin_g for a section r � l1 drace from -1to C-1. 1ue C ty 'anagey} Y i:ne of kearjng. :''ayor i?-ae eX.Diained U113 item concern-- :is R _a0tIT1 U.' lots on C�ntrsl Avenue and Osborne Road:, a.lzo, that ad i�2y report oma' i0.'t? the p:"ofessi onal UiAzn'i'ng consultant co- 'in- a .ne and ;.sgrther r aco2-_iaenc?ation of a': � •:l by the on,, i-ayoa 1;ee i �Uired ifth':'2'e 112i-'e anyone GhasCd rezoning "3Ori R-1a rd cn:0 'ai:•l�C �� ! •Ji C-1. A discussion p,-rind .,as Meld reyaxdin; build:tna, and . s•fr. Bar-,nzrd Jullio,.�ski, d'�velopea 1 explained >niT�; in the a<��s ?/�/6 Page 4. to the City Council whey had only proceeded to a point on the rezoning because they t•anted to build houses. There was no one present in opposition -to "the proposed plat. Mayor Nee declared the public rearing on 'tele rezoning from R-1 to C-1 on a portion of Meadowmoor Terrace closed. Potion by Johanson to accept as first reading an ordinance to amend the City Code of the City of Fridley, Minnesota by rra sing a change in zoning districts from R-1 to C-1 in a portion of 'MeadommoOr Terrace. Seconded by Kirkham. upon a roll call vote, those voting aye, Nee, Kirkham, W igit, Johanson. Those voting nay, none. The moti.on carried unanimously. P•i3RLIC TPInZ-7-s - FOAL PLAT - fi►JT BEPG P..DDiT'iC�ii: bhw,roi Nee ar--ounced a mublic hearing on the final plat of fiat Berg Addition. �_a City Manager read the Notice of Hear ing. Mayor Nee irauired if -:.-ere dere anyone present ivho wished to be Bard on t; �?TJB?SIC ILARrIG -- F12ML 'PIAT - LOT a AUDITORS SUEDD.IVISs TIT r10, , ::0��=LSI; ...... Iia- yor lice a.nnouncsd a public hearing on the final plat cuo- mitted by Mr, Lecrard Coc'na-an on Lot 8,, Auditor's SubdiAsIon §22. The City Nurager read the Notice of Hearing and located the area on the map for ne- be---s of the City Council at the re- quest of Mayor ?fee. City Engineer Qureshi -rr-esented a Plat of the area. `,'syor Uee explained for those present this plat vas located oi:.' Stir_son Boulevard and South of .ice Creek Road and inquired if there iiere anyone preaent Vno wished to be heard concerning this plat. Mr. Leonard Cochran -.las present in favor of t'na plait and d-iscussed the area with City Engineer Qureshi and medaars of the Council regarding drainage, streets, etc. .ayor Ne inquired if there vert anyone else present. Soho wished to be heard. There vas no one present opposed to the final pmt of Lot 8, Auditor's Subdivision No. 22. mayor ITee dee;-- ed the public hearing on the final plait of Lot 8, Auditor's Subdivision No.. 22 closed. Motion byright to appro re the final plat of Lot 8, Auditor's Subdivisic INTO. -22 and authorize the tf3,'Or and City Manager to sib c= :- Seconded b-), Sheridan, Uaon. a voice vote, thex.e ming no the motion cari ied traanimously. OTS} DU -�5: SECOND �C:.``J j_.G 0O..1y.2Ua:.02 ;1-.� .. S aria titil7_l+:'•L 0:J.r_Z.eA.!'fC2 .......o.aa.a„z.e- ..,.,..ti.....,...a.a.o�.........a.4.-�.. �..._......�...�c,e�._,..,...--.-c.��mc:o.� Mayo::. announced t3.1a second z-,?adi g of an A niL,,al Control Ordinrric:r- lana inquired if there were a'n or_- preseut t,_>io wished to hear C,e oTAirance read or if anyone present had, a paaTti- CWar G? 'Gt zcn re ardinZ .IT-'he City lana.�ar explained -to the Cit";�• "-O' iV- j'j. -t h a 1.L'�KJIind -n2- and 'J`oarEing -flees -dere the only tvo -_z-:a'ns which had been changed. Ki.il_rh.m to accept 8.3 second reading, adop and p-ibl-sh- `J3`dinc=e ;�(7 111IIich is an o:sdi i gnce con rolling do`s witlain the Ci.t'%s-f .R}Idl.e'j r 3q',firing con.f ine�:titj a c0 pulsory wys-ten of 1•c^ -,S l: :;.0?j ZYl$ oy 1 i.�'-.h-zzan- o:1.' L?n Ani -,al. Con"G::C,'. Of.''iCar pTceViCi;l-1for t.}1e ?i 'OLrd—ment of dogs, -equir ng the V7.c,,_in:-%- tioY? 3.<<+� T2s'; rn.lbies; and vu-:?n.ding vario'a`3 portio-as Of Chapter OJ. of the tiwty Codde ofti and roviding :nor c��c G-rol of -iiinal nu?sacces. Seconded by Wr ibhtt. Ute^ a voce -;,rote., i:,eeiij no nays, the T4o''u-ian carried unci " 'layor Mee aa2ounce:w this ori-n-ance required that dost a7e-r s31 $1o'",ths ox c a ;lou have O be li.ctersed in the futtL?-a. V::1 r1l1'..J. Llai .�• •�7 G. v�J _. Qt-yor Ne,- annoui1Ced erne ,.a c-) _, --reading of an Cidi'nance re- L.al-s-% 11-1toin i-_atO%3�:g Tarr-Oce d C C... 2:2ea in :11.:�3t'io i ':•_'.s located at o' Centura l Avei:t~e a 3 tinv-1. Road! :.('lt;i ha-k c r'� ?-'. )r'sr-..; � ,� �S' r '.n'r• i:l 1" •'LCL, t L_ �:r3' ..'_.. a.l.LL' ;� i.{�;< i 'C`oi'• tri', �n 7@ cn n e �j4 ti -�.. n .� *,,- i., t '� �.A and ua... r Ci'. t1. /.�?2 ;,e dii9f-- Of Said i, x,diL'cince Tiotlon b,; Wri:-h- to accept as second re'uCT.-ag, aoopt and .tn....�i: a vl , .-ihich t.a a-In d'i'''-�.i:c,'',.c e, 1:ia G: 4�� .�:". i•.t..�t�j Code Of th?.. el",.r / ie- :j 3oiriv.,innesot-a • nalking- n e %eaeor:•ror I'Ier•+a.cc_ Sec's=dsA by 1107' V. i'.)�� .f 11 Vo.. hv-so ::7"w7:iJ� s^ye oe ti:�7'l:c1� � Si?:?Ciao, _.os iof rg r.ay,, 'P_O .e, S`L notionvciT�B.a LSA1iirC ?,..j. 17 i�iS' AT�:?"t; 'tom-..q gra!"i;n��••�,n nG?.ti..a-m t '•i ri,t'd i s'''.l!_l �! % �:..�. u....-EM1. .k1-3 J ---.+........c>C...tisr_ r..,..�w.ie-.s...,•se�..uoe-,�,......•.�e!s .ra..ar�a..,.y 3r` /o•� :tis r: (�^ced! 'tee sscoed aead�._-1; of an o�,-tii~a�•�ace vac,-L In a:Q $uJ �.__. '_.:'! 4(,�ude 7n •.r'�-L J.'1(:`�.c, rl'•:�L {r Ia�7 i8.':£:gv.1' �•.-'•..iJ'n 'i,it2 Seco'e't_:? _�_... .. :)�, tr..; s�.•.'0?�'�ti.: �.�r,;a3 l:!;�'E.i C::_'c. � _ z?w r.m to aceep_ as second reudi n�g, actor t o; - - ity yi^_a: (.e 'co a t;"-1_! ty eri6 dra -us-ge : v Wr . ,`.. �,- .._ _ .� i.i�.��.,Tq--rr+ _j'.,,•. .+�s,txrtt7c•rrrx tT(::,t. '� .7'tr��4_. � ^ � :_l�i`I:�i — � 4.••la:..'.f�.V.rt ^rh it-s:l - ..1.•iJ� .1• vi.��.J .n._.+w.•...4a.w?YY'Flt:s MCYJ-4sIe' ..vaR :1a+w.,.�..•.u...wWas.tK+is•av na•a••uis Ct^d i_..,. Cc C. C; :cCSx'',"'..Y: -pip .z ano.1e le ...,:.isCiiB -,nd j,t G47t ii'r."•7`410 d�.4'lt'.i::�1.im T`ne t%Ci.'01 ^..�.Y:":!(�(.':• • <`Qtr� E _ .:_:� Tt't~d::?t' (j M-e 7r(7i:17aed 0i:ti�.mn-Ce. !:: :•iO:? "' iii to 3-Yt, t_S �•_iOpt t''i:l s• i' ,r, d U •ter cuCi';1.C" =, +' OP s yrr- its Can:5 al -2y.a. and to Upo=`- a. -voi c•,. vatex l`,i:vare bei,- - -T C•} .- -.F.e.r "r le,; rx:, � F'.:i:ifi ov( to ia�!?i?ci l . :\DiJ?L L, r�::..w=:it✓r•.�nii TC:?.:i 'yam».�'•._ Si?:i 'C:�' ''(Z'}it•.' ��i' ir'`�•1iz_<<.:'.�! 4(.:ir'.??fai+ of CiJr.:'_':e_ .•z' t . . �• 1u boan i2 :ite.d '3 ii`i r :'_`:•G'. �_.3 in t i'71: 2 1':..^.12 11,. read a. d e;:p l.'1..'.ned tha had A 'rh"a lost r.ea i-ag 7i.' the ila s.• -� • ' cr ri -Z C�•1"'..-.a a.. 81,01" �.. vl 14'."711 e . r•v1... {j. ,.t,...L...s�•.� allt... •.Aa:Ya 1.�::1i:•i lI ..91.•' ri t^'° �.. .,, „�t,� . �, ,'�;:1 cnid " ;.rly rr::,.rl'-:o poia'ted l x il:, '..l.i�� i1i �. , .: �'•i,rc .•:': ?:3 .i,-an :? '/t'3_1.1; .le-ofrl arec3" vas a Ii? .LBT a".1 .-e•nce:"'_'1 J • 4y ,o'er (Official Publication) ORDINANCE NO. 277 AN ORDINANCE TO .AJIF,ND THE CITY CODE OF THE CITY OF FRIDLEY, >IINNESOTA BY 1( \. NAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Frid- ley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter Indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: All of Lots 1.4. 22.26, Block 2. Meadowmoor Terrace (P.S. 64-04) lying in the North One Half (N!z) of Section 12, T•30, 11_24, County of Anoka. State of Minnesota. Is hereby designated to be in the Zoned District known as C-1 (local business area). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from zoned district R-1 (single family dwelling) to C-1 (local business area). PASSED BY THE CITY COUN- CIL OF THE CITY OF FRIDLEY• THIS 20th DAY OF JULY, 1964. WILLIAM J. NEE Mayor Attest: 16TARVRI C. BRUNBELL City Clerk Public Hearing: July 7. 1964: First Reading: July 7, 1964: Second Reading: July 20. 1964. (Aug. 5. 1964)—TC-2A • I CITY OF FRIDLEY PLANNING C0124ISSION MEETING APRIL 6, 1977 PAGE 1 CALL TO ORDER: Chairperson Harris called meeting to order at 7:35 p.m. ROLL CALL: Members Present: Harris, Bergman, Schnabel, Shea, Langenfeld Members Absent: Peterson Others Present: Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES: MARCH 23, 1977 1drs. Schnabel requested that page 9, second paragraph at the bottom be amended to read as follows: The sentence that starts "Mrs. Schnabel said perhaps what Mr. Coddon was saying was at the time he made the statement before the Council. . ." should be changed to reflect that although he did not own the building at the time, he perhaps failed to say that he would own it in the future. IMOTION by Shea, seconded by Schnabel to approve the Planning Commission minutes. Upon a voice vote, all voting aye, the motion carried unanimously. 1. PUBLIC HEARING: !'.EZONING REQUEST, A4177- , BY GARY PETERSON: Re- zone Lots 3 and 4, and Lots 22 and 23,_`7711 in Block 2, Meadowmoor Terrace, from C-1 (local business areas) to R-2 (two-family dwelling areas) , the same being 1326 and 1344 Osborne Road NE and 1331 and 1345 Meadowmoor Drive NE. MOTION by Schnabel, seconded by Shea to open the Public Hearing on rezoning request, ZOA 477-01, by Gary Peterson. Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing open at 7:40 p.m. Mr. G2ry Peterson, the petitioner, was not present. Mr. Boardman explained the vroposal to the Planning Commission stating that the petitioner is requesting to build 4 duplexes, 2 facing Meadowmoor and 2 facing Osborne. Chairperson Harris asked if the petitioner was in the audience. The petitioner was not in the audience. The Chairperson asked if there was anyone in the audience against this petition. Bernard K. Iieille, 1418 Meadowmoor Drive, presented a petition to the Planning Commission. He said that this land is zoned commercial and was unaware that it was anything but residential. He said that he wanted to see it stay resi- dential. I ' Planning Commission Meeting - April 6, 1.977 Page 2 Chairperson Harris asked if he understood that is was not now zoned commercial. sir. Heille stated he knew, but felt, it should be single family homes. Schnabel asked if those in the audience were opposed to R-2 and would like it to remain commercial. dr. Heille stated that he would like to see it zoned R-1 which everybody was led to believe existed in the first place. Bergman asked Mr. Boardman to read what was not allowed in C-1 zoning district. 11r. Boardman read the C-1 zoning code. llr. Bergman stated that he wanted the audience to be aware that the property owner has the right to build any of the allowed uses on these lots. Nancy Me_lbie, 1346 Meadowmoor Drive, said she lives directly across the street and she is very much opposed to the proposal. She wasn't told that it was commercial property and felt it was the responsibility of the City to inform her as such. Walt Lizakowski, 1402 Meadowmoor Drive said that he had moved in 5 years ago and was told by the City that the whole area was R-1 single family dwelling. Rolla Morin, 7635 Meadowmoor Drive, said she was told last year by the City that they were single family homes. If they would have known anything other than R-1 they would not have purchased their home. Nancy Melbie also stated that there were lots of kids in this area and duplexes would provide additional kias in the neighborhood. William Sharp, 1377 Meadowmoor Drive, said that the idea of building a business in the middle of a residential block is beyond his understanding. Donna Czupta, 7620 Bacon Drive, said we live about a block away and if businesses go in on Meadowmoor it will affect my children, out I'am also opposed to duplexes. If you put in 2 duplexes on rieadowmoor Drive that will mean 4 additional families which will mean added children. I don't think we can handle the population. It would seem to me that the population should be spread out a little more in- stead of cramming it into a two-block area. I would invite you to drive down our block and see that there are a lot of children, and we don't need the added children,we are content with what we have. She said also, we don't need the added traffic that this proposal would generate. Chairman Harris read the petition. The petition reads, "l?e the undersigned, request that Lots 3 and 4 and Lets 22 and 24, Block 2, Meadowmoor Terrace, address 1326, 1344 Osborne and 1337 and 1345 Meadowmoor zoned C-1 local business, remain zoned C-1 or changed to R-1 single family dwelling and not rezoned to R-2 multiple family dwelling; a duplex or a double bungalow. Larry Von Mosch, 1392 Meadowmoor Drive, asked the commission what was involved in rezoning this property to R-1. Can't the land owners around, petition to have it changed? Chairperson Harris explained that the. City or the property owner could petition for rezoning however, it is the policy of the City to receive only a petition from the property owner in order to rezone the property. Richard Morin, 7635 Meado«noor Drive, stated that the way it stands is that they either get R-2 or C-1, and unless they can petition the owner of the land to change his request to R-1 they will either end up with a duplex or a parking lot of some commercial property along Osborne. Planning Commission Meeting - April 6, 1977 Page 3 Councilman Schneider asked if staff had tried to get Mr. Peterson to build single family homes. 'Ir. Boardman stated that he was not .sure whether Mr. Peterson was approached with this idea. Councilman Schneider stated that he thought maybe a compromise of R-2 along Osborne Road and R-1 along Meadowmoor Drive could maybe be arranged. Rolla Morin stated she was concerned that the lots not go commercial on Meadowmoor Drive. Tars. Schnabel said that she looked at the area and felt the worst thing that could happen was that commercial be build on Meadowmoor. Tor. Langenfeld said that he would like to point out to the audience that members of this Commission are also concerned citizens; as they are. It is our duty to review the actual request and review the audience to see if the request was in order. Ile said that there was no way that we could enter into R-1 zoning without the request .of the property owner, and that the Commission could either suggest that the audience discuss a change with the property owner, or the Planning Commission take action on the problem as presented that night. William Sharp asked if all 4 commercial lots could be joined together and a large commercial building be built. Chairman Harris said that this could happen. Langenfeld said that he would like to point out to the Planning Commission that there had been several people who had stated that they had received false information from City staff and highly suggest that whoever gives out this information know exactly what they are referring to. also, he pointed out to the audience that sometimes the Commission members look at the lesser of two evils. Richard Morin said that if it stands that they get either duplex or commercial he would rather see the duplex. Mr. Bergman read the petition and questioned whether the people who signed the petition realized that they signed either for or against commercial. There were several people in the audience that stated that they were not aware that this was what they signed. Chairman Harris suggested that the petitions will be placed on the front desk and that anybody wishing to remove their name from the petition, be allowed to do so when the discussion on this item was completed. Bernard Heille said that he felt there had been a terrific loss between this area and the City from the day of it's conception and it has proven right down the line the lack of willingness of the City to respond to the needs of the people in Meadowmoor. tie said he felt like the people in the area lack City services, lack response from the City, lack police services. Ke can't keep gas in his car and feels that it should be more responsive. LeAnn Hennes, 7600 Arthur Street, said that she called city hall when there was a street light broken and the broken glass was not even swept up. She said that the City had just forgotten about them. Planning Commission Meeting April 6, 1977 Page 4' Walt Lizakowski, 1402 Meadowmoor Drive, said he felt the services had been real lax. He has had to call in for snow removal every year for 5 years and when they come through, they come through the -middle and leave one side unplowed or they will come through so late that a foot of snow is packed down. Last year they called about sweeping and they swept it once all year and now there is glass on the street and has been for the last 2 weeks, and they won' t sweep it. sir. Langenfeld said that he would like to indicate here that he was glad to hear these comments because this was the place to begin them and they would definitely reach the top from here. He said he would also like to make a continent to the audience that they could suggest that this could be zoned to R-2 and reduce it from a commercial nature, and then suggest to the audience that they talk to Peterson before it goes to the Council and maybe suggest to him that it should be R-1. Chairman Harris said that he would feel remiss if we acted on this before having a chance to talk to the petitioner. Ms. Czupta asked if there is a possibility in this rezoning that the 2 lots, on Osborne remain zoned C-1 and that the 2 lots on Meadowmoor be rezoned to the R-2. Chairperson Harris said that this could be done because it was a lesser re- quest than what the petitioner had requested. She stated that it was her concern not only with the zoning, but the amount of people already in the area and felt that this suggestion would make everybody happy by cutting down on the population and would allow the developer to gain part of the request that he wanted. She said that she was the one that made up the peti- tion and the reason it reads that way was that she was trying to make this point with as little words as possible. Chairman Harris asked if the 2 parcels on Osborne would meet the requirement of C-1 zoning. Mr. Boardman said that these lots would meet that requirement. Mr. Bergman said that he would like to encourage the people in the audience to contact Mr. Peterson and discuss with him thoughts on the rezoning of this property. Richard Morin said that he would like to re-emphasize one point, that they all feel that they were deceived as far as what the properties were zoned as, and he wanted to get that in the record one more time, that they called on it before they bought their property and were told that it was zoned residential as were a number of people, and he would like the Planning Commission to reassure them again that it will be looked into because it is not some casual mistake that a clerk made. It affects them severely. Chairman Harris wanted to give a piece of advice to the .people in the audience that felt they were misled, in fact, they may not have been purposely mis- led by somebody on the staff. He advised that in the future if they are going to make a purchase of a property or a house that they don't leave any- thing to chance, and come into the City office and look at the zoning map hanging on the wall. Planning Commission Meeting - April 6, 1977 Page 5 Bergman said that he would like, by a show of hands, which people in the audience through direct contact, felt they had been directly mislead or misinformed as to the zoning. Mr. Bergman stated that for the records he would like to indicate that nine persons indicated that they were misled as to the zoning. MOTION by Langenfeld, seconded by Schnabel, the Planning Commission close the Public Hearing on rezoning request, ZOA #77-01, by Gary Peterson. Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 8:45 p.m. MOTION by Schnabel, seconded by Langenfeld, that the Planning Commission continue until April 20, Public Hearing: rezoning request, ZOA 477-01, by Gary Peterson: Rezone Lots 3 and 4, and Lots 22 and 23, all in Block 2, Meadowmoor Terrace, from C-1 (local business areas) to R-2 (two-family dwelling areas) , the same being 1326 and 1344 Osborne Road NE and 1331 and 1345 Meadowmoor Drive NE for the reason that in all fairness to the people, the petitioners should be at the meeting and allow the people to discuss this item with the petitioner. Upon a voice vote, all voting aye, the motion carried unanimously. Langenfeld would like to add that the audience had shown concern about City services in this area and would like the City to step in to resolve some of the problems such as broken glass, stealing of gas and proper police patrol. MOTION by Bergman, seconded by Shea, to open the Public Hearing for a Special Use Permit, SP #77-01, Certified Mobile Homes, Incorporated. Upon a voice vote, all voting aye, the motion carried unanimously. Ernie Pasborg and Mr. ;Saxwell of Certified Mobile Homes were present. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #77-01, CERTIFIED MOBILE HOMES, INCORPORATED: Per Fridley City Code, Section 205.102, 3, 14, to allow the continuation of a mobile home sales lot to replace SP #71-14 which will expire on April 17, 1977, located on the Westerly 600 feet of the Southerly 320 feet the Northerly 750 feet of the NE 1/4 of the NW 1/4 of Section 12, e same being 7625 Viron Road NE. Mr. Boardman explained to the Co ission that this special use permit was granted for a period of 5 years and expires in April and because of the condition placed on special u permits at the time it was issued the requirement was for the issua ce of a new special use permit. Mr. Boardman explained the 19 stipulation on the old special use permit and would like to indicate certain changes hat were allowed by the City Council when the present owners took over th property in 1974. Item #11 was changed to allow for a minimum of 6' stance between units and 50 units in the display area. Also, Items #14 an #15 were removed. Shea asked the petitione how may units they had on the property. Mr. Pasborg said that he thought som where around 50. Iir. Pasborg stated that the amount of room that they had o the property if properly distributed, would hold around 100. Mr. Langenfeld asked Mr. Boardman if the staff has had any problems with the stipulations to date. Ar. Boardman stated that in general, all of the stipu- lations as listed have been met. Planning Commission Meeting - April 6, 1977 Page 6, - Hrs. Schnabel said that in viewing the property before the meeting, it seemed that there were other stipulations that had not been -met. Item 09 which states that the office will be skirted had not been met. *Jr. Pasborg said that they had just taken the skirting off because they wanted to put additional siding on the mobile home that will extend all the way to the ground to give the appearance of a permanent structure. 'Irs. Schnabel said the other item was 9114 stating that there would be woodwalks to all units. Mr. Pasborg stated that Item #14 changed because the whole area was black- topped. Mr. Boardman stated that Item #14 and #15 were waived by the City Council in 1974. Schnabel asked about Item #7 discussing easement for roadway to Osborne ,.behind Frostop Drive-In. Mr. Boardman stated that no easement had ever been received and would question the necessity of the easement for this development. Mr. Pasborg stated that presently, they do bring units across that property, but this is with mutual consent of the property owner. He also stated that he had seen the plan showing a road with a cul-de-sac coming across that area and stopping at their property, but to his knowledge, was .never platted. Mrs. Schnabel asked if for any reason they were not allowed to bring mobile homes across this property, do they have room to bring it in on their own property? Mr. Pasborg stated that they did. `Ir. Pasborg stated that they wanted $60,000 for permanent access across the back property and that they couldn't justify that on a 3-year special use permit. Mrs. Schnabel was concerned about encroachment on Strite-Anderson property. Mr. Pasborg stated that if that was the case, it would be remitted. rs. Schnabel explained that when a motion is made she would like to bring out three points and one, was that they added siding to extend to the blacktop, two, was that the units in the display area be 6' apart and the units in the ;storage area be 1' apart and three, that a security fence be provided on the south side of the property as stipulated in Item #15. Mr. Boardman reitterated that Item 415 had been waived under the condition that they received a letter from Strite-Anderson regarding it. The letter was received from Strite-Anderson and the item was then waived. MOTION by Bergman, seconded by Shea, to close the Public Hearing for a Special Use Permit, SP #77-01, Certified Mobile Homes, Incorporated. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 9:10 p.m. %LOTION by Bergman, seconded by Shea, that Planning Commission recommend approval of the request for a Special Use Permit, SP #77-01, Certified Mobile Homes, Incorporated: Per Fridley City Code, Section 205.102, 3, N, to allow the contin-' uation of a mobile home sales lot to replace SP #71-14 which will expire on April 17, 1977, located on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 feet of the NE 1/4 of the NW 1/4 of Section 12, the same being 7625 Viron Road NE, with the following stipulations: 1. Front setback be changed from 15 feet to 20 feet. 2. Pre-stressed anchored concrete curbing around all blacktop areas. 3. Crushed rock parking area for trailers be oiled. CITY OF FRIDLEY PLANNING COMMISSION MEETING — April 20, 19?? Page 1 CALL TO ORDER: Chairperson Harris called the meeting to order at ?: 40 P.M. ROLL CALL: Members Present : Shea, Bergman, Harris, Schnabel , Lagenfeld Members Absent : Peterson Others Present : Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES : April 6, 19?? Mr. Bergman requested that page 2, the first and sixth sentences, the word "not" be eliminated. Mr. Lagenfeld requested that on page 3, the sixth paragraph, the last sentence be eliminated. Mrs . Schnabel requested that on Page 10, the fifth paragraph from the bottom, the first sentence, the word "of" our business community be changed to read "to" our business community. Third paragraph from bottom, page 10, third line, the word "toward" should be changed to "with It should read • . . . which deals directly with the City' s objective with the business community. MOTION by Shea, seconded by Schnabel , that the Planning Commission minutes of April 6, 19??, be approved as amended. Upon a voice vote, all voting aye, the motion carried unanimously. 1• CONTINUED : PUBLIC HEARING: REZONING REQUEST, ZOA :??-01, BY GARY PETERSON: Rezone from C-1 {local busin s areas o R-2 {two family dwelling areas} Lots 3, 4, 22 & 23, B ock 2, Meadowmoor Terrace, to allow the construction of Double Bungalows/ Duplexes, the same being 1326 and 1355 Osborne Road N. E . and 1331 and 1345 Meadowmoor Terrace N.E. Mr. Gary Peterson, the petitioner, was not present. Chairperson Harris explained that this particular item was moved to May 41 19??, at the petitioner' s request . Mr. Boardman explained that all people concerned had been notified by mail that the hearing would be continued on May 4, 19??, at the petitioner' s request. Planning Commission Meeting — April 20, 1977 Page 2 Chairperson Harris asked why this was being done. ` Mr• Boardman explained that Mr. Peterson wanted to wait so that the variance would go through at the same time. Mr• Bergman mentioned that perhaps, since this was a public hearing, that anyone that did happen to be in the audience should be able to speak. Chairperson Harris asked if there was anyone in the audience in regards to the item. There was no one, mainly because Mr. Boardman had notified, by mail, all concerned people. MOTION by Bergman, seconded by Lagenfeld, that the Planning Commission continue until May 4, 1977, Public Hearing: Rezoning Request, ZOA 177-01, by Gary Peterson. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONTINUED : REQUEST FOR A LOT SPLIT. L. S. 177-02, BY PARK METROPOLITAN INVESTMENT FUND : Split off the Southerly 120 feet of Lot 1, Block 3 , Commerce Park, to make two parcels for tax purposes, the same being 7300 and 7320 University Avenue N.E . {Zoned C-21. {See Appeals Commission minutes of April 12 , 1977, for variance approval}. Mr• Steve Coddon, Park Metropolitan Investment Fund, was present . Mr. Boardman explained that presently located on this property is a gas station and a car wash. The property and one building is owned by one party and the other building is owned by another person. Mr• Boardman explained that the request is to split the property. He explained that the buildings are ten feet apart and by making the lot split right down the middle of the two buildings , there would be a five foot setback for each building. The property does meet the requirements as laid out for the commercial zoning on the property. Each building has a front footage of 160 feet. Reference was made of the Planning Commission minutes from 1970, where action was taken . At that time, the Commission had made a statement that if at any time they wanted this property under two ownerships, the lot split would have to be approved by Council . Mr. Codden made reference to the Appeals Commission Meeting of April 12, 1977, at which he had made a variance request, that Mr. Robert Aldrich, Fire Prevention Bureau Chief, had reaffirmed his statement made June 1, 1970, regarding fire protection. Mr• Aldrich had stated that the structures were low and he would have no reservations in the construction of {orl placement in the event of a fire. He said that the trucks could get around the buildings easily. Mr. Codden felt it would be sensible, at this time, to have the lot split. Mrs. Schnabel verified what Mr. Codden had said regarding the April 12, 1977, Appeals Commission Meeting. Flanning Commission Meeting — April 20, 1977 Page 3 Mr. Lagenfeld made the statement that accessability of this property posed no problems. Mr. Lagenfeld asked Mr. Codden if it wasn't his intention to sell this property. Mr. Codden confirmed the statement that it was his intention to divest himself of the ownership of the self-service car wash. Mr. Bergman made the statement that the Planning Commission has received the request to do a lot split regarding two structures which do exist and are, in fact, ten feet apart. He stated that even though they do involve a conflict of city code, in reality the buildings do exist and he felt that at this point, it should be recommended to City Council. MOTION by Mr. Bergman, seconded by Mrs. Schnabel, that the Planning Commission recommend to City Council approval of a lot split, L. S. 177-02 byPark Metropolitan Invenstment Fund,, to split off the Southerly 12n feet of Lot 1 , Plock 3, Commerce °ark., to make two parcels for tax Durooses, the same being 7300 and 7320 University Avenue N.E. , zoned C-2. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris stated that this request would go to the City Council on May 2, 1977. 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #77-02, CANADIAN FINANCIAL COR ION: Per Fridley City Code, Section 205.051 , 3 E and F, to allow the construction of housing for the elderly and an automobile parking lot for off- street parking in an R-1 Zoning District, on Lots 1-7, and the Northerly 215 feet of Lot 24, Block 1 , Alice Wall Addition. MOTION by Mr. Lagenfeld, seconded by Mrs . Schnabel , to open the Public Hearing request for a special use permit, SP X77-02, Canadian Financial Corporation. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7:55 P .M . Mr. Richard S . Kahn, Canadian Financial Corporation, was present . Mr. Boardman explained that the original plan for the property in question was for a 144-unit conventional apartment building. However, the financing for that particular project did not come through, and Canadian Financial Corporation stepped in with an immediate proposal on that property. Mr. Boardman explained that the first proposal received was for 138 multi-family units. The Staff went out to the Golden Valley project which Canadian Financial Corporation is involved in, the Dover Hill project . This project was carefully looked at along with Canadian Financial Corporation. He worked with Canadian Finance in developing a proposal for 104 multi-family area and 104 unit elderly structure. The multi-family units would be located in a presently zoned R-3 area that was zoned for apartment buildings- The elderly ,bu lding„woulo be, lo�ated on the Northern part of the R-1 zoned property; including Lots 1 through 7. Planning Commission Meeting — April 20, 1977 Page 4 Under the proposal for the 104 unit multi-family and 104 unit elderly, we would have required a special use permit to allow the elderly building in Zone R-1 and also a special use permit to allow a portion of the multi-family area to be in the R-1 zone. Also with the 104 unit proposal it would have required a variance. The maximum number of units allowed on that portion is 92 units. The Canadian Financial Corporation went ahead with the 104 units at this time with full knowldege that a special use permit approved, they would go for a variance. This proposal has been sent to the Human Resource Commission and the Community Development Commission. These commissions recommended to Canadian Finance Corporation that they may want to bring the number down to 92 units. Canadian Finance Corporation agreed to do this. Therefore, the plan now is for 92 units multi-family and 104 units elderly. This would eliminate the need forthe Special Use Permit to allow"parking'in the R-1 zoning for the multi-familv complex. Mr. Boardman also pointed out that they are still proposing the single family development along seventh street and 63rd & 64th Avenues and eliminate lots 1 thru 7 but keep lots 8 thru 22. At this point Mr. Boardman turned the floor over to Mr. Richard Kahn from Canadian Financial Corporation. Mr. Kahn presented more background material on how they arrived at their present plan. He explained that back in November, the Canadian- Financial Corporation had been working with the Wall Corporation on a proposal that had previously been approved by the City Council for that property for a 144-unit conventional type building. As they progressed with this particular proposal, the State Housing Finance Agency came back and said they should consider a plan more oriented towards family townhouse units. This required them to come back to the city with a whole new concept. The reason they changed the plan from family to combination family/elderly came after some discussions with the City of Fridley Staff. The Staff felt that a project the community had the greatest interest in was a combination of both. Mr. Kahn stated they had taken the Staff for a tour of the Golden Valley project and Staff had given encouragement to duplicate the Golden Valley Plan. Therefore, Canadian Financial Corporation then came up with a new plan that would call for a Senior Citizen mid-rise of five stories, with 104 units and 104 family townhouse-type units. Based on further discussions they had with the Staff and during meetings with the Community Development Commission and the Human Resources Commission last week they had again modified their plan slightly and came up the the plan that Mr. Kahn had displayed. Mr. Kahn then described the plan. He explained that the larger gray area on the plan was the Senior Citizen mid-rise building consisting of 104 units, five stories high, with all units having one bedroom. There would be a half-moon pick-up/drop-off area in front of the Senior Citizen building. There would be no parking allowed here, however, the area would be big enough for a bus turn-around. There would be parking behind the Senior Citizen building. There would be a 50% parking capability for the senior citizens consisting of parking spaces and garages. i Planning Commission Meeting — May 4 , 1977 Page 2 1. CONTINUED = PUBLIC HEARING= REZONING REQUEST ZOA7?-OL 4 F BY GARY PETERSON: Rezone from C-1 {local buss to R-2 {two family dwelling areas}, Lots 3, 4, 22 and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N. E . , 1344-46 Osborne Road N.E . , 1345-47 Meadowmoor Drive N .E . , and 1331-33 Meadowmoor Drive N.E . MOTION by Mrs . Shea, seconded by Mr. Bergman, to open the Public Hearing rezoning request, ZOA T77-01, by Gary Peterson. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7: 45 P.M . Mr . Gary Peterson was present. MOTION by Mrs . Shea, seconded by Mr. Langenfeld, that the Planning Commission receives the three letters from Mr. Peterson, Mr. Richard S• Carlson {Briar Homes, Inc. }, and Mr . Edward Chies. Upon a voice vote, all voting aye, the motion carried unanimously and the letters were received. Chairperson Harris indicated that the letters were part of the file and would go to City Council. Chairperson Harris asked if Mr. Boardman had any additional comments on this item. Mr. Boardman answered that he did not. Chairperson Harris asked Mr. Peterson if he wished to address this subject. Mr. Peterson commented that he didn' t have anything to say other than that he had put in for a rezoning and wanted to know if it was going to be allowed or not. Chairperson Harris asked if there was anyone in the audience who wished to speak for or against the request. Mrs. Richard Morin of 7635 Meadowmoor Drive wanted to know what the three letters received by the Planning Commission concerned. Chairperson Harris informed her who the letters were from and proceeded to read the letters to the audience. Mr. Richard Morin of 7635 Meadowmoor Drive indicated that he had no objection to duplexes/double bungalows going in on Osborne Road. He said that his objection was building duplexes/double bungalows on Meadowmoor Drive. He indicated that they {Mr. Morin and the people accompanying hi.ml had been to a previous meeting and had, at that time, voiced their objections. He also said that at the previous meeting they had been under the assumption that all these lots were zoned R-1, not C-1. Mr. Morin indicated that the neighbors would like to see the lots on Meadowmoor Drive zoned as R-1 and anything that Mr. Peterson wanted on Osborne Road. ,'. CITY Of= RIDLEY PLANNING, COMMI. SION MEETING May 4, 1977 CALL TO ORDER : Chairperson Harris called the me ting to order at 7 : 40 P . M. ROIL CALL: Members Present : Shea, Bergman, Harris , Peterson, Schnabel , Langenfeld Members Absent: None Others Present : Jerrold Boardm n, City Planner APPROVE PLANNING COMMISSION MINUTES : April 20, 1,977 Mrs. Shea requested that the Motio on page 32 be corrected. She stated that the Motion was not c 'mplete and should read . . . . . .that a memo be. sent to all C m fissions before their next meetings stating that elections ar o be held and stating the duties and obligations of members f those commissions and officers of those commissions. Mr . Langenfeld indicated that Page 1 ROLL CALL, the last name listed as Vlembers Present is spell d wrong. Lagenfeld should be Langenfeld. Mr . Langenfeld indicated that on Pa 14 , first paragraph, the sentence reading "He indicated that m ny people think that this project will be subsidized, therefo e that it would be sub- standard", should read "He indicate hat since this project would be subsidized, that some people felt it would be sub- standard . " Mr. Langenfeld felt that -he word -think- gives the impression that people are thinking ol something that does not exist when, in fact, it is a subsidize project. Mr. Langenfeld corrected the seventh p ragraph from the top of Page 31. It should have read "Mr. Lan enfeld asked the Commission not to call a Special Interest Group" nd not . . . . . . . a Special Interest meeting. MOTION by Mrs. Shea, seconded by Mr . Be gman, that the Planning Commission minutes of April 20, 1977, b approved as amended. Upon a voice vote, all voting aye, the otion carried unanimously. Planning Commission Meeting -- May 4-, ],977 Pate 3 �� G Mr. Morin continued by stating that presently they have 70 children on one block area on Meadowm(,ow Drive. He objected to eight more families with the average of 2. 5 children per family moving into the area- Mrs. Richard Morin said that another objection she had to double bungalows was the upkeep- She indicated that even though it had been stated that these double bungalows would be owner occupied, the owners could move out in a couple of days and the property would be total rental - She felt that too many times is kept up and the enalowstcare begin to��look shabby,the therefore, h rters therefore, makingthe doublle bungalows whole neighborhood look shabby. Mrs. Douglas Pavlik of 7651 Meadowmoor Drive wanted to know if anyone checked into the fact that the neighborhood didn't know that the lots were zoned C-1 • She indicated that there was concern among the neighbors that they had been told that all these lots were R-1 lots- Chairperson Harris commented that he suspected that whoever called City Hall did not specify the particular lots when they asked what the zoning was - Mrs. Morin said that she told City Hall what lots she wanted to know about, She said she indicated the two vacant lots on Meadowmoor ioiI2 fronted on Old Central. and Meadowmoor} and two other vacant jots that were just on Meadowmoor. She said that she was told that all the lots were zoned for single family houses• informed this; however,, heasaid thatptheilotsshadhbeenezoned informed C-1 since about 1959. Mr. Langenfeld indicated that the problems brought up at this meeting and at previous membersMeetings andi had sbeen problems b � eotheil by one of the Council minutes as items to be looked into. Mr. Boardman indicated that in regards to upkeep, the City covers every street once a year. Mr. Richard Morin indicated to the Planning commissionthat the neighborhood turnout was not as good as the last time because soi-,e people were intimidated by what had been said at the last meeting. At the previous meeting, the neighborhood presented a petition to the Planning Commission indicating their wishes to keep the lots zoned C-1 = They were informed at that time what could go on the lots as a C-1 zoning. Mr . Morin felt that the Commission had painted a bleak picture for the neighbors. He also felt that many people didn't show up because they felt there wasn' t any use to- Mr. Morin again indicated that, for the records, he would still rather see these lots remain C-1 than to see double bungalows/duplexes built on the lots. He said that he had taken his name off the petition because of what the Commission had said however, Planning Commission Meeting -- May 4, 1977 Page 4 he indicated he wanted his name put back on the petition• His 4 H -' reasoning was that if the lots were zoned R-2 then it would be over with and they would have to live with the double dwellings for a long time• However, he said that if left as C-1 perhaps they would have a chance for a compromise with Mr• Peterson • Chairperson Harris defended the Commission and City Staff saying that it had not been their intent to intimidate the people• He continued by saying that their intent had been to inform the neighbors• Mr. Morin said that the effect was intimidation even if it wasn't the intent Mr. Chuck Lindman of 1378 Meadowmoor Drive pointed out that there were still many names on the petition and the people would still like the lots to remain C-1 rather than R-2• Mr. Lindman also indicated that since Meadowmoor Drive was not a through-traffic street, he didn' t think anyone would want to build any business on those lots• He continued to say that Mr• Peterson would probably have to take a loss if he did put some type of business on these lots. Mr. Lindman said that he felt Mr. Peterson wanted R-2 because of more profit. Mrs• Morin indicated to the Planning Commission that she and her husband wanted to put their names back on the petition• Chairperson Harris said that that would be possible if the petition had not gone to City Council• Mrs. Morin indicated that she had heard .rumors that nobody would buy lots for private homes on Meadowmoor. She said that they had talked to the Realtor and he had indicated that he already had people who wanted to build on Meadowmoor. Mrs • Morin said that she made the statement for Mr. Peterson' s benefit, so he would know that the Realtor had indicated that there were people interested in buying single family dwellings on those lots . Mr. Bergman asked for someone to refresh his memory regarding Lots 5 and 21 on the East and Lots 2 and 25 on the West. He wanted to know if these lots were developed and what they Were zoned as. Mrs. Morin indicated that all the other houses in the area were single family. 4I Planning Commission Meeting — May 4 , 1977 Page 5 Mr. Boardman indicated that the lots East, were single family dwellings and the lots West were commercial . Mrs . Morin said that she only meant that there were no other multi-family homes in the area. Mr. Morin indicated that the commercial buildings all face on Central Avenue. He said that two of the duplexes would face Osborne Road. He continued to say that they were only concerned with the building of• duplexes on Meadowmoor Drive Mrs . Schnabel wanted to know if the concensus of opinion of the neighbors that were present was that they did not want any of the property rezoned or specifically they didn ' t want the two lots on Meadowmoor Drive rezoned. Mr. Morin indicated that they either wanted the lots to remain C-1 or R-1, but they did not want the lots rezoned to R-2 on Meadowmoor Drive. He said they weren't concerned about the lots on Osborne Road Chairperson Harris asked Mrs = Schtnabel if she had handled this particular item in the /appeals Commission Meeting of April 26, 1977. He also wanted to know the recommendation made. Mrs. Schnabel indicated that that the Appeals Commission did not handle this item because the petitioner was not present at the meeting. She also said that there was no person from, the neighborhood present at the meeting. She said that the Commission felt they wouldn' t act upon it until such time as either the petitioner requested to come before the Appeals Commission or some person from the neighborhood made a request. The Commission felt that there wasn' t enough information to go on so the item was tabled. Mr. Bergman wanted to know what the item was that had gone before the Appeals Commission. Mrs. Schnabel indicated that it was a request for a reduction in lot size for R-2. Mrs. Morin indicated that she had called City Hall to talk to someone regarding the meeting for that night. The person she talked to told her that it wasn 't necessary for the neighbors to appear because no matter what decision was reached, it would be based upon the contingency that the lots were rezoned. f Planning Commission Meeting — May 4, 1977 Page 6 Chairperson Harris said that he objected to what Mrs• Morin had been told. He indicated that if Staff was passing out that type of information, he objected. Mrs. Schnabel indicated that she was really sorry to hear what Mrs. Morin had said. She told Mrs . Morin that they rely on the opinions of the adjacent neighbors to the property that is before the Appeals Commission. She indicated that the comments are used by the Appeals Commission so that they can make a decision at the Appeals Commission level . She continued to say that if the Commission doesn' t hear from anyone, they can only assume that everyone is in agreement with whatever appeal is coming through. Mrs . Schnabel did indicate that what Mrs . Morin was told was true, that whatever decision was reached, it would be based on the contingency that the lots were rezoned. Nevertheless, Mrs. Schnabel felt that Mrs. Morin should have been told to attend the Appeals Commission meeting. Mr. Boardman asked for a verification that Mrs . Morin had been told that she did not have to come to the Appeals Commission meeting. Mrs. Morin indicated that she had been told that it was completely unnecessary. Mr. Langenfeld indicated that on this particular -subject" he felt the people had been terribly misinformed in more ways than one- Chairperson Harris suggested that this item be added to the agenda for the evening to be discussed later, after the Public Hearings. Mr. Bergman also felt that there was a lot of confusion on this subject. He indicated that the petition seemed to be the last thing completely firm as to who was for and who was against the request. Mr. Bergman wanted confirmation that this petition was placed into record as it stood as of the last meeting that was held on this subject . Chairperson Harris acknowledged that this had been done. Mr. Lindman indicated that any names that were left on the petition still preferred to see C-1 than R-2 zoning on the lots. He also said that if there was any problem, he would be able to get the entire block of Meadowmoor Drive to sign the petition. Planning Commission Meeting — May 4 , 1,977 Page 7 4 K Mr- Bergman asked Mr- Peterson if he was aware that there was a fair amount of neighborhood opposition and confusion as to the neighbors understanding his rights as well as their own options„ He continued to ask Mr - Peterson if he had any contingency plans to develop the property as C-1 , if the rezoning request was not approved. Mr. Peterson responded that he would probably build a warehouse and office space. Chairperson Harris responded that warehouses are not allowed in C-1 zones- Mr. Peterson clarified his statement as saying office and warehouse, not just a warehouse- Mr - Pergman asked Mr. Peterson if there was some hardship in his ability to develop the lots as C-1 or leave the lots for future development as C-1. He wanted to know if this was part of Mr . Peterson' s .request for the change- Mr. Peterson indicated that there was no identifiable hardship. Mr- Peterson felt that R-2 would be better as a buffer zone- Mr- Bergman asked Mr. Peterson that if after listening to the neighbors objections , if he would reconsider zoning the lots fronting on Meadowmoor to R-1 - Mr. Peterson indicated that he would have to give the matter some thought- He said that there was definitely a financial difference in selling R-1 compared with selling R-2 and that the difference would have to come out of his pocket. Chairperson Harris asked Mr- Boardman about the lot sizes- Mr. Boardman responded that one lot on Meadowmoor was 120 feet deep with 75 foot frontage and the other lot on Meadowmoor was 120 feet deep with 65 foot frontage and 90 foot rear. Chairperson Harris asked Mr- . Boardman if the normal R-1 lot was 75 feet. Mr. Boardman said yes. Chairperson Harris continued by saying that 9,000 square feet was the minimum R-1 lot size~ therefore, it appeared that the lots on Meadowmoor would be considered as minimum R-1 lots. Planning Commission Meeting — May 4, 1977 Page 8 4 Mrs . Schnabel indicated to Mr. Boardman that the Code Book stated that the lot width at the set back on a C-1 lot should be not less than 160 feet- Mr. Boardman said that the lot width of not less than 160 feet or 20,000 square feet. Chairperson Harris told Mrs. Schnabel that by putting all four lots together, a person would have a buildable C-1 lot . Mrs . Schnabel indicated that if the two lots on Osborne Road were rezoned, and the lots on Meadowmoor were kept as C-11 then the result would be an unbuildable C--1 lot. Mrs . Pavlik wanted to know if the lots on Meadowmoor were the normal R-1 lot size, would the lot be big enough to build R-2' s. Chairperson Harris indicated that he would need a variance. He then asked Mr. Boardman what the minimum lot size was for an R-2. Mr. Boardman said that the minimum lot size was 10,000 square feet. Chairperson Harris said that at present these lots dial not make minimum square footage. He indicated that the lots were presently 91000 square feet. Mrs. Schnabel indicated that the variance requests were the reasons the subject had been brought before the Appeals Commission. She said that the four lots individually did not meet the minimum square footage of 10,000 square feet. Mrs. Morin wanted to know if the variance requests would be before the Appeals Commission again. Mrs. Schnabel said that the items were tabled until the petitioner requested to again appear before the Appeals Commission. Mr. Morin indicated that they had been led to believe that the Appeals Commission meeting was inconsequential . He said that actually the Appeals meeting was the key meeting because if they had won their appeal at the Appeals Commission meeting, Mr. Peterson wouldn' t be able to build R-2' s on those lots. Chairperson Harris indicated that because of the misunderstanding regarding the neighbors attendance at the Appeals Commission meeting was the reason the Planning Commission was going to have a discussion later in the evening. Planning Commission Meeting — May 4, 1,977 Page 9 4 r� Mrs. Morin wanted to know Mr. Peterson's reasons for not wanting to build R-1 ' s on the lots. Mr. Peterson indicated that he would have to give the idea some thought. Mr. Walter Lizakowski of 1402 .Meadowmoor Drive indicated that he felt the main objection to the R-2 ' s was the amount of children that could possibly be added to the already over- whelming amount presently on Meadowmoor Drive, Mr. Morin said that they presently had a high instance of vandalism mostly caused by children and he didn 't feel that more children should be added. Chairperson Harris asked Mr. Peterson if he wanted his request - to stand as stated or if he wished to change it in any way. Mr. Peterson wantec.? to know how he was to go about changing the request, if his decision was to change it . Chairperson Harris said that since they were down-zoning, he would be able to just state to the Planning Commission whatever change he would want. Mr. Peterson wanted to give the subject some thought. He said he would let the Planning Commission, know either by telephone or letter. Chairperson Harris indicated that the Planning Commission could continue by making their recommendation to council and then Council would set up a public hearing to hear the matter and then make a decision . He said that the Council ' s decision would be final. He told Mr. Peterson . that the Planning Commission only makes recommendations to the City Council . Mr. Peterson wanted to know if it would be permissible to let City Council know at the time they set the Public Hearing if he wanted to change his request- Chairperson Harris said it would be okay as long as it was before City Council made publication of the Public Hearing Mr. Peterson wanted to know when exactly he would have to notify someone as to changing his request. Chairperson Harris indicated that the Planning Commission Meeting minutes would go to City Council on May 16, 1977, at which time Council would set a Public Hearing. Planning Commission Meeting — May 4, 1977 Page 10 4 N Mr. Langenfeld wanted to be sure that the neighbors were aware of what could be established in a C-1 designation. The neighbors in the audience said that they were aware of the possibilities. Mr. Langenfeld indicated to the neighbors in the audience that if he had in any way imposed upon them or put them "on the spot" it had not been his intention. MOTION by Mr. Peterson, seconded by Mrs. Shea, to close the Public Hearing on the Rezoning Request, ZOA 4-77-01, by Gary Peterson. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 8:23 P .M . MOTION by Langenfeld to deny the rezoning request, ZOA 1-77-01 , by Gary Peterson : Rezone from C-1 {local business areas} to R-2 {two family dwelling areas}, Lots 3, 4, 22, and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N� E - , 1344-46 Osborne Road N.E- , 1345-47 Meadowmoor Drive N. E. , and 1331-33 Meadowmoor Drive N.E . due to the objections from the neighborhood. MOTION DIES FOR LACK OF SECOND . MOTION by Mrs. Schnabel, seconded by Mrs . Shea, that the Planning Commission recommends to City Council the approval of the rezoning request, ZOA x.77-01, by Gary Peterson : Rezone from C-1 {local business areas} to R-2 ztwo family dwelling areas}, Lots 3 and 4, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N.E. and 1344-46 Osborne Road N. E. ; AND recommend to City Council the denial of the rezoning request, ZOA 177-01, by Gary Peterson : Rezone from C-1 -{local business areas} to R-2 {two family dwelling areas} Lots 22 and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1345-47 Meadowmoor Drive N .E. and 1331-33 Meadowmoor Drive N.E . Chairperson Harris did not like the Motion by Mrs. Schnabel because that proposal would create an unbuildable C-1 lot. He said he would rather have someone recommend the rezoning of the lots on Osborne Road to R-2 and rezoning the lots on Meadowmoor Drive to R-1. r Mrs. Schnabel indicated that the petitioner had not requested for a rezoning as such. { i Chairperson Harris said that the Planning Commission could recommend such a rezoning. Planning Commission Meeting— May 4, 1977 Page 11 4 Mr. Boardman said it would be best to deny the rezoning and leave all the lots as C-1 . Mr. Langenfeld said that that was why he had made his particular motion as such. He recommended that the request that was before the Planning Commission be denied. Mr. Bergman stated that to recommend that the request be denied would penalize the requester as to time to change his mind. Mr. Boardman pointed out that the Planning Commission could only make the recommendation to City Council to deny the request and that the decision would be made at the Council level and any arrangements could be made at that time. Mrs . Schnabel indicated that her intent in making the motion was to grant the petitioner the ability to put R-2 dwellings on the two lots on Osborne Road. She said that she understood that an unbuildable C-1 lot would result, however, her intent was to hope that the action would, in a sense, force Mr. Peterson to rezone the lots on Meaaowmoor Drive to R-1 . Mr. Bergman hoped the Planning Commission would take a positive position, including possibly t{-)24r thoughts as to how the Commission hoped the petitioner would change hi-s request•; and pass on to the City Council those thoughts assuming that his request wou] d .be consistent with the Planning Commission• Therefore, Mr. Bergman voted against Mrs . Schnabel ' s motion. Mr. Peterson didn 't think the motion by Mr•s • Schnabel was in line with what the petitioner had requested. Mrs. Schnabel indicated that the petitioner was requesting rezoning on two parcels of land and she recommended approving one and denying the other. At this point there was discussion among the Commission as to whether the land was one or two parcels . Chairperson Harris said that the Public Hearing notice indicated the lots as two parcels of land; one located at 1326 and 1344 Osborne Road N. E. and one located at 1331 and 1345 Meadowmoor Drive N.E . Mr. Langenfeld felt the commission should stick to the petition itself. He said that the Commission couldn't split something that wasn't in the form of the petition. Mr. Langenfeld again indicated that his motion had been to deny the stated request by Mr- Gary Peterson. . . Planning Commission Meeting — May 4, 1977 Page 12 4 P Chairperson Harris indicated that it was in the Ordinance that the Planning Commission was allowed to recommend a lesser zone without re-publication. Mr. Boardman said that the policy stated that this could be done at the petitioner's request, but that the petitioner had not made a request. He continued to say that the Planning Commission did have the authority to recommend any rezoning on a lesser basis without re-publication. Mrs • Schnabel said that the Planning Commission' s motions are only recommendations to the City Council and not final approval. She said that the petitioner had the option to change his request at the City Council level. UPON A VOICE VOTE, 2 voting aye and 4 voting nay, the motion failed : Mr. Bergman indicated that the Planning Commission was opposed to the total and specific request of rezoning four lots to R-2. He also indicated the the Commission would be unfavorable towards a C-1 development of the four lots. Therefore, he said that a compromise would be in the best interest of the general neighborhood. He continued by saying that a valid land use of the four lots would seem to be for lots 22 and 23 to be rezoned for single family development and that lots 3 and 4 be rezoned for buffer zoning for duplexes. MOTION by Mr. Bergman that since the petitioner had indicated some interest in the above modification and with the anticipation that Mr. Peterson may choose to change his request, Mr . Bergman suggested that the request be passed on to Council with the Planning Commission' s thoughts. MOTION DIES FOR LACK OF A SECOND . MOTION by Mr. Peterson•, seconded by Mr. Langenfeld, that the Planning Commission recommends to City Council the denial of the rezoning request, ZOA X77-01, by Gary Peterson : Rezone from C-1 {local business areas} to R-2 {two family dwelling areas}, Lots 3, 4, 22, and 23, Block 2, Meadowmoor Terrace, to allow the construction of double bungalows/duplexes, the same being 1326-28 Osborne Road N.E 1344-46 Osborne Road N.E . , 1345-47 Meadowmoor Drive N.E. , and 1331-33 Meadowmoor Drive N.E. with the understanding that the City Council would read all of the minutes of the Planning Commission to find out the intent of the neighbors as well as the intent of the Planning Commission UPON A VOICE VOTE , all voting aye, the motion carried unanimously. Chairperson Harris indicated that the rezoning request ZOA 177-01 by Gary Peterson had been recommended for denial and that the request would go to City Council on May 16, 1977, and that a date for a Public Hearing would be set at that time• He also said that the audience would be notified by mail of the date for that Public Hearing. 4Q Planning Commission Meeting _— May 4, 1977 Page 13 Mrs. Pavlik wanted to know was going to be done regarding the rezoning and the size of the lots. Chairperson Harris indicated that the subject would have to be appear before the Appeals Commission . However, he stated that if the petitioner decided to go along with the previous discussions regarding the Meadowmoor Drive lots, he would not have to go before the Appeals Commission. Chairperson Harris indicated that Mr. Peterson might have to go before the Appeals Commission regarding the lots on Osborne Road. Mr. Morin requested to be notified if the subject went before the Appeals Commission again. Mr. Boardman indicated that usually people aren' t notified on an item that had been previously tabled . Chairperson Harris indicated that it would be best, in this particular case, to notify the people that would be concerned. Mr. Morin assured the Planning Commission that if they would be notified, that there would be a good turn-out , Mr. Boardman said that the people would be notified by mail. 2. PUBLIC ARING : CONSIDERATION OF A PRELIMINARY PLAT, P . S . X77- , IWEN TERRACEi BY A. T. GEARMAN : Replat; of Part ofots 3, 4, and 51 A dator' s Subdivision No. 25, gener` lIy located imm diately South of the 1000 Block of nde Drive N.E . , East of Polk Street N.E. and West o illmore Street N.E . MOTION by Mr. Bergman, s onded by Mr. Peterson, to open the Public Hearing on the Cons ' eration of a preliminary plat, P. S. 177-03, Iwen Terrace-, .b A. T . Gearman Upon a voice vote, all voting aye, Chair per n Harris declared the Public Hearing open at 8 : 40 P.M . MOTION by Mr. Langenfel'd, secondedMr. Peterson, that the Planning Commission receive the memorandum to Jerry Boardman from Thomas A Colber Assistant City Engineer, dated May 4, 1977, regarding the Iwen errace Plat. Upon a voice vote, all voting aye, the motion ca ied unanimously and the memorandum was received. f i Planning Commission Meeting — May 4, 1977 Pa e , 14 Chairperson Harris asked Mr. Boardman to give the background on this item• Mr. Boardman indicated that the proposal was to plat some open property between Polk and Fillmore Streets N. E . , just south of Lynde Drive. He said that presently there was a large ponding area on this property. He continued to say that there was a proposed plat on this area at one time to make buildable sites out of the area, however, that plan fell through and this proposal t,as what came out of it. He indicated that the proposal was for six lots. Mr. Boardman showed the Planning Commission a copy of the proposed plat . He indicated that the lots are large having between 87 & 89 feet in width and about 304 feet deep. He said that it was the intent of the city to retain a drainage pond on the back portion of the property with drainage easement picked up on lots 4 & 5. He said that the ponding area would drain off drainage into the sewer system on Polk Street. Mrs. Shea wanted to know about the easements• Mr• Boardman indicated on the drawing the easements that the City wanted• Chairperson Harris wanted to know if Lot 4 would be buildable • Mr� Boardman indicated on the drawing an area that would be regraded and he said that there would be a sizable area to build on this lot. He indicated, further, that at the time they were not sure of the exact angle of the lot but said that before the final. plat went to City Council the angle of Lot 4 could be changed. He said that the drawing would be reworked and proceeded to show the Commission different areas that would be reconsidered• Mr. Bergman asked Mr. Boardman what the depth of lots would b2- Mr. Boardman indicated that the lots would be 304 feet , of which the City would take 75 feet to allow for ponding area. Mrs. Schnabel asked why the City wanted a curved easement on Lot 4 rather than make a right-angle turn onto the connecting street. Mr= Boardman indicated that it was mainly because of the slopes of the hillsides• He said that the angle of the curve had not been decided yet. He indicated that before the final plat went before the City Council he would be meeting with the Engineering Department to determine actually how much easement would be needed. I \ CITY OF FRIDLEY 2 APPEALS COMMISSION MEETING — MAY 10, 1977 Page 1 CALL TO ORDER : Chairwoman Schnabel called the meeting to order at 7:35 P.M . ROLL CALL: Members Present : Schnabel, Gabel , Plemel, Barna Members Absent Kemper Others Present: Ron Holden, Building Inspection Officer APPROVE APPEALS COMMISSION MINUTES : APRIL 261 1977 Mrs. Gabel requested that the tenth and eleventh paragraphs on Page 5 be stricken from the records. MOTION by Mr. Barna, seconded by Mrs . Gabel, that the minutes of the April 26, 1977, Appeals Commission meeting be approved as amended. Upon a voice Vote, all voting aye, the motion carried unanimously. Chairwoman-: Schnabel indicated that the Appeals Commission would be handling the first four items on the Agenda at the same time. 1. TABLED : REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205 . 0641 1=, TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 91600 SQUARE FEET, AND SECTION 205. 063, 4, C, TO REDUCE THE REAR YARD SETBACK FRO(; 30 FEET TO 29 FEET 11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DUELLING ON LOT 31 BLOCK 21 MEADOWMOOR TERRACE , THE SAME BEING 1326-1328 OSBORNE ROAD N.E. , FRIDLEY, MINNESOTA. !Request by Lambert & Peterson, Inc , 1360 Osborne Road N.E . , Fridley, Minnesota 554327— 2 . TABLED : REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205. 063, 11 TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,000 SQUARE FEET, AND SECTION 205. 053, 3, C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET 11/4 OF LOT DEPTHI, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 41 BLOCK 21 MEADOWMOOR TERRACE, THE SAME BEING 1344-1346 OSBORNE ROAD N.E. , FRIDLEY, MINNESOTA. {Request by Lambert & Peterson, Inc. , 1360 Osborne Road N.E. , Fridley, Minnesota 554321. I APPEALS COMMISSION MEETING — MAY 10.1 1977 Pale 2 3• TABLED : REQUEST FOR VARIANCES, OF THE FRIDLEY CITY CODE AS FOLLOWS : SECTION 205. 063, 1„ TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,6001 SQUARE FEET, AND SECTION 205 053, 41 C, TO REDUCE THE REARYARD SETBACK FROM 30 FEET TO 29 FEET -11/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 23 , BLOCK 2, MEADOWMOOR TERRACE , THE SAME BEING 1345-1347 MEADOWMOOR DRIVE N. E . , FRIDLEY, MINNESOTA. {Request by Lambert and Peterson, Inc. , 1360 Osborne Road N.E . , Fridley, Minnesota 554321-. 4. TABLED : REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205. 063, 1„ TO REDUCE THE LOT AREA FROM 10,000 SQUARE FEET TO 9,000 SQUARE FEET, AND SECTION 205. 063, 4 , C, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 29 FEET X1/4 OF LOT DEPTH}, TO ALLOW THE CONSTRUCTION OF A TWO FAMILY DWELLING ON LOT 22 , BLOCK 2, MEADOWMOOR TERRACE , THE SAME BEING 1345-1347 MEADOWMOOR DRIVE N- E . •, FRIDLEY, MINNESOTA. {Request by Lambert & Peterson, 1360 Osborne Road N-E. •, Fridley, Minnesota} . The above variances requested are on property that is presently zoned C-1, and any approval of variances would be contingent upon approval o-F a rezon41ng request to R-2. MOTION by Mr. Barna, seconded by Mr. Plemel, to open the Pub!_ic Hearing on tf,e first four items. Upon a voice vote, all voting aye, the Public Hearing was opened at 7 :37 P.M . MOTION by Mr . Barna, seconded by Mrs . Gabel, that the Appeals Commission remove the first four items from the Table Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Schnabel explained to the Commission that at the May 4 , 1977, Planning Commission meeting the decision had been made to recommend to City Council denial of Mr. Peterson' s requests for rezoning with the recommendation that the City Council read all the minutes of the Planning Commission meeting to be able to know the feelings of the neighbors and the Commission members regarding those four lots . Mr. Peterson of [_ambert & Peterson, 1360 Osborne Road N.E . was present at the meeting. Chairwoman Schnabel indicated that Mr . Peterson would have to indicate any changes to his requests before it went before the City Council. Chairwoman Schnabel asked Mr. Peterson if he wished to ask for variances on all four lots. �m APPEALS COMMISSION MEETING -• MAY 10, 1977 Page 3 Mr. Peterson indicated that he wished to withdraw his 2 D requests for variances on the lots located on Meadowmoor Drive. He said he planned to build R-1 dwellings on Meadowmoor Drive and R-2 dwellings on Osborne Road. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT : Section 205. 063, 1, requiring a minimum lot area of 10,000 square feet in an R-2 Itwo family dwelling areas} zone. Public purpose served to avoid the condition of over crowding of the residential neighborhood. Section 205 . 063, 4, C, requiring a minimum rear yard of 25% of the lot depth with a minimum of 25 feet in an R-2 -(two family dwelling areas} zone. Public purpose served is to provide desired rear yard space to be used for green areas which add to the attractability of the neighborhood. B. STATED HARDSHIP : Lots, if rezoned to R-2, cannot be developed without requested variances. C. ADMINISTRATIVE STAFF REVIEW : The configuration of the lot is such that in order to maintain the existing front yard setback of 35 feet, the structure must be shifted to the rear. This shift reduces the rear yard to less than 25% of the lot depth required by City Code. Approval of this request would be contingent upon rezoning of the property. Mrs. Gabel wanted to know if both the Planning Commission and the neighbors wanted R-1' s on Meadowmoor Drive. Chairwoman Schnabel indicated that there had been mixed feelings regarding the lots on Meadowmoor; some of the neighbors wanted the lots to remain as C-1 and others would rather see R-l' s' built. Mr. Peterson indicated that if the City Council denied his request for rezoning to R-2 on Osborne Road, he would probably withdraw his request for R-1 rezoning on Meadowmoor Drive. I� I APPEALS COMMISSION MEETING — MAY 10, 1977 p;Iq y Chairwoman Schnabel verified that Mr. Peterson would 2 F have the option to withdraw his requests. Mr. Holden, Mr. Peterson, and the Appeals Commission discussed the plans that Mr- Peterson had for the R-2 dwellings to be built on Osborne Road. Mrs . Gabel wanted to know exactly what Mr. Peterson would be requesting at the City Council meeting. Chairwoman Schnabel indicated that Mr. Peterson would be requesting to make the two lots on Osborne Road as R-2 and the two lots ori M`adowmoor as R-1 . Mr. Peterson indicated that the homes would be built for resale purposes. Mr. Maxey of 1413 Meadowmocr Drive wanted to know what would happen to the lots if City Council denied Mr. Peterson ' s requests to rezone to R-2 on Osborne Road and Mr. Peterson withdrew his requests to rezone to R-1 on Meadowmoor Drive- Chairwoman Schnabel told him that the lots would then remain as C lots. Mr . Maxey wanted Lo know if the people on Osborne Road would be notified of that meeting. He indicated that many of the people on Osborne Road assumed the lots were to be kept as C-1. Chairwoman Schnabel said that Mr. Boardman, the City Planner, had indicated at the Planninrj Commission meeting that, in this particular case, the people within 200 feet of the lots in question would be sent notices of the City Council meeting. Chairwoman Schnabel also indicated that the people on Osborne Road had no right to assume anything until a final decision had been reached by the City Council or if Mr. Peterson would withdraw his entire request . She said that if the people on Osborne Road w`re opposed to the building of R-2' s on those lots , they should be at the City Council meeting. Chairwoman Schnabel told the audience that if they did not receive a notice of the May 161 1977, City Council meeting, that they should call City Hall to confirm that the items would be appearing before the City Council on that date. Mr. Heille of 1415 Meadowmoor Drive wanted to know if Mr- Peterson owned the lot located between the Beauty Shop and the house on Central Avenue -(Lot 27), Mr. Peterson indicated that Mr- Chien owned that particular lot. 1 APPEALS COMMISSION MEETING — MAY 10,, 19?? Page 5 Mr• Heille want to know what Lot 2? was zoned as. _ 2 Mr• Holden indicated that it was zoned as R-1. Mr. Heille suggested that all the remaining lots in the area should be zoned R-1- Chairwoman Schnabel indicated to Mr• Heille that he should consult the Zoning Map located at City Hall whenever he had a question regarding the zoning on any lot• Mr. Holden asked Mrs • Peterson that if he got approval for the rezoning and the variances, would he be building the houses at the same time• Mr. Peterson indicated that he would build on all four lots at the same time• MOTION by Mr. Plemel, seconded by Mr• Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at 8 : 10 P .M. Mr. Holden indicated that there were at least four structures like the ones Mr• Peterson proposed to build located in the City. He said that all were working out fine both structurally and aesthetically. The Appeals Commission discussed further the deisgr) plans of the double bungalows that Mr. Peterson was proposing to build on the two lots on Osborne Road• MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals Commission recommend for approval the request for variances of the Fridley City Code as follows : Section, 2050064, 1, to reduce the lot area from 10,000 square feet to 9,600 square feet, the same being 1326-1328 Osborne Road N• E. , Fridley, Minnesota AND Section 205. 063, 1, to reduce the lot area from 10,000 square feet to 9,000 square feet the same being 1344-1346 Osborne Road N• E . , Fridley, Minnesota, AND section 205. 063, 4, C, to reduce the rear yard setback from 30 feet to 29 feet {1/4 of lot depth} to allow the construction of two family dwellings on Lot 3 and Lot 4, Block 2, Meadowmoor Terrace• UPON a voice vote, all voting aye, the motion carried unanimously• Chairwoman Schnabel indicated that the Appeals Commission had approved the variance requests contingent upon approval of a rezoning request to R-2• APPEALS COMMISSION MEETING — MAY 1,07 1977 Page n.= 5 • REQUEST FOR VARIANCE OF SECTION 205 . 053, 5, {B41, FRIDLEY CITY CODE , TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 5 FEET TO 4 FgET, TO ALLOW A GARAGE ADDITION OF 22 FEET TO AN EXISTINa ' GARAGE , LOCATED ON LOTS 5 and 6, BLOCK 11, PLYMOUTH ADDATON, THE SAME BEING 4638 2 111 STREET N •E • , FRIDLEY, MINN IOTA . TRequest by Carroll L . Jensen, 4638 2 112 St et N • E • , Fridley, Minnesota 55432 - 1 MOTION by Mr . B rna, secondee by Mrs . Gabel , to open the Public Hearing Upon a vol voce,all voting aye, the Public Hearing was o erred at 8110 P .M . AD I ISTRATIVE STAFF REPORT A - PUBLIC PURPOS ERVED BY REQUIREMENT : Section 205 . 053 4, B4 , requiring a side yard setback of 5 feet from ani; tta hed garage . Public purpose ser ed is to provide space between individual strut res to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit th,condition of crowding in the residential nei borhood • B . STATED HARDSH' i The garage I now have is too small and I would like= room for another Car . C • ADMINISTRAT VE ST FF REPORT : The propo ed attached garage addition will be approxima ely 4 fe t from the common property line The neigfors deta hed garage is located 3 feet to the rear of /the proposed addition' s rear wall . The neighbof's garage is 2 . 2 feet from the common property line . , Note that if the petitioner' s proposed garage were detached, he c uld build to within 3 feet of the common line . Mr - Jensen, Mr. Holden, a ,d the Appeals Commission discussed the plans that Mr . Jonsen had with him . Mr - Jensen also indicated that he mainly w nted the addition for more storage space and workshop space . Mr- Barna wanted to know if Mr . Jensen did any kind of engine repair or body work in his garage - Mr. Jensen said that he did not . He only wanted the addition because he needed more space for a work bench and to store items . ! A )? REGULAR MEETING OF MAY 16, 1977 PAGE 9 Mr. Herrick, City Attorney, stated something could be drafted for discussion. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon its first reading. Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend the above ordinance by changing Section 302.02 as follows: "It shall be unlawful for any person, or for the parents or guardians of any person under 18 years of age, who owns, harbors, or keeps a dog, to allow such dog, regardless of age of dog, to run at large in the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to strike the word "snowmobiles" under Section 302.03, Item 6. Motion withdrawn by Councilman Schneider. MOTION by Councilman Schneider- to amend Section 302.041 as follows: "A permit and animal tag shall be required for a dog or other animal of canine species to be maintained within the City of Fridley." Seconded by Councilwoman Kukowski. MOTION by Councilman Schneider to amend Section 302.064 by adding the word "no" after the word City at the end of the third line. Seconded by Councilwoman Kukowski. UPON A VOICE VOTE taken on the above three amendments, all voting aye, Mayor Nee declared the motions carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY: Mr. Brunsell, City Clerk, stated this ordinance would change the dog license fees and entertainment license fees. MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon its first reading. Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated the new license fees will not cover the administrative costs involved. Councilwoman Kukowski felt, however, if the licenses were not issued for the entire year, residents would not obtain the necessary license. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMISSION MEETING OF MAY 4, 1977: The Council received the minutes of the Planning Commission Meeting of May 4, 1977 and considered the =077-Ol g items: GARY PETERSO ZOA 16-28 OSBORNE ROAD, 1344-46 OSBORNE ROAD AND 1345-47 MEADOWMOOR DRI -33 MEADOWMOOR DRIVE: MOTION by Councilman Schneider to set a public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech stated at the last Appeals Commission meeting, there apparently was a consensus of a different rezoning other than what was originally proposed. He questioned how the legal notice should be published for the public hearing. Mr. Herrick, City Attorney, indicated the notice can state it is rezoning to R-2 and R-1. REGULAR MEETING OF MAY 16, 1977 PAGE 10 Mr. Sobiech stated correspondence was received from Mr. Peterson this evening. Mayor Nee indicated they would receive this information at the time of the public hearing on June 13. Mayor Nee also requested a typed copy of the names of the persons signing the petition be furnished at the time of the public hearing. Councilman Schneider also noted the names of the, persons voting for or against this item were not listed in the Planning Commission minutes. IWEN TERRACE, P.S. #77-03, A.T. GEARMAN: MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NORTON AVENUE HOMESITES, P.S. #77-04, WYMAN SMITH: MOTION by Councilman Schneider to set the public hearing for June 13, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MEETING OF APRIL 26, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Appeals Commission Meeting of April 26, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CRAIG WILLEY, 6694 FRIDLEY STREET N.E. : Mr. Sobiech, Public Works Director, stated this is a request for four variances on property located at 6694 Fridley Street. The variances requested are as follows: (1) To reduce the minimum lot area from 7,500 square feet to 5,220 square feet; (2) To reduce the rear yard setback from 33.75 feet to 25 feet; (3) To reduce the minimum lot width from 50 to 40 feet; and (4) To reduce the street side of a corner lot from 17.5 feet to 4 feet. Mr. Sobiech stated numerous discussions were held at the Appeals Commission Meeting and their vote was to deny this request. In response to a question by Councilman Fitzpatrick regarding 67th Avenue, Mr. Sobiech indicated it is not vacated. Mr. Willey appeared before the Council and stated, basically, this is a repetition of a request made in 1973 when he tried to find some means of making this lot buildable for a single family residence. He explained the difference in this request from the one made in 1973 is that he would meet the standard setback requirement on the south side. Mr. Willey indicated he would like to make this lot buildable which he felt would be beneficai to both the City and himself. Mr. Dennis Drevniak, 6684 Fridley Street N.E., indicated he was opposed to this variance. He stated a petition was presented to the Commission and most of the neighbors .in the area are opposed to the variance. He indicated they would not be in favor of a 40 foot lot. Councilman Schneider felt the Council has taken a strong position on 40 foot lots to not encourage development and, therefore, he would not be in favor of this variance. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny the following four variances: (1) Reduction of lot size from 7,500 square feet to 5,220 square feet denied, because of overcrowding of the lot in a residential neighborhood; (2) Reduction of rear yard setback 8R PUBLIC HEARING MEETING OF JUNE 13, 1977 PAGE 6 y clear when the property is sold, that this pond is part of the development and the developer felt this could be written into the agreement as a covenant. No other persons in the audience spoke regarding this plat. MOTION by Councilwoman Kukowski to close 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 closed at 10:20 p.m. PUBLIC HEARING ON A FINAL PLAT SUBDIVISION P.S. #77-04, NORTON AVENUE HOMESITES, BY WYMAN SMITH, BEING A REPLAT OF PART OF LOT 13, A.S. #89; GENERALLY LOCATED ON THE SOUTH SIDE OF NORTON AVENUE WHERE IT INTERSECTS WITH CENTRAL AVENUE: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all i voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10:20 p.m. Mr. Sobiech stated this is a petition for consideration of a plat on Norton Avenue located to the west of Central Avenue and south of 73rd Avenue. The Planning Commission held a public hearing on May 4, 1977 and recommended approval. Mr. Sobiech stated the proposed plat consists of six lots. The property is presently zoned multiple and lot sizes would be well in excess of minimum requirements and could be developed as single family or two-family dwellings. Correspondence was received both from Medtronic and Onan regarding this plat. MOTION by Councilman Schneider to receive the communications from Medtronic dated June 10, 1977 and Onan dated June 13, 1977 regarding this plat. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Wyman Smith stated he was not sure the comments from Medtronic and Onan were relevant. He stated they seem to imply this is a petition for rezoning. He stated they have met all the requirements and lot sizes are in excess of what is required. He indicated there is a possibility of single family residences on these lots. Ms. Ruth Norton, 1251 Norton Avenue N.E., asked about the notice she received and questioned the statement where it states that approval of the plat could lead to assessments. Mr. Sobiech explained this notice is a form letter sent for all plats and in some cases, there could be assessments, however, this is not true in this particular case. Mr. Qureshi, City Manager, stated Medtronic and Onan pointed out, if they have a need to expand, their feeling is that owner-occupied residential units would have more objection to them expanding their facilities than if the units were rentals. Mr. Herrick felt the Council should give some thought that if property is zoned R-3, R-1 cannot be built on it. He stated perhaps the City would have more control so that you don't have a situation where there is multiple dwellings on one lot, single family on another, etc. He suggested perhaps the Planning Commission should review this matter at some future date. No other persons in the audience spoke regarding this plat. MOTION by Councilman Schneider to close 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 closed at 10:38�� PUBLIC HEARING ON A ZONING ORDINANCE AMENDM , ZOA #77-01 , GARY PETERSON TO REZONE LOTS 3 and 4, BLOCK 2, MEADOWMOOR TERRACE FRO R- LOTS 22 & 23, BLOCK 2, MEADOWMOOR TERRACE FROM C-1 TO R-l; GENERALLY LOCA 1326-1328 AND 1344-1346 OSBORNE ROAD AND 1331 AND 1345 MEADOWMOOR DRIVE N.E.: MOTION by Councilman Fitzpatrick 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 10:38 p.m. Mr. Sobiech explained the location of the property to be rezoned. He stated the original zoning petition was from C-1 to R-2 on all four properties, however, due to discussions and objections raised by area residents, the petitioner has requested that the zoning 87 PUBLIC HEARING MEETING OF JUNE 13, 1977 PAGE 5 PUBLIC HEARING ON A FINAL PLAT SUBDIVISION P.S. #77-03 IWEN TERRACE, BEING A REPEAT OF PARTS OF LOTS 3, 4 & 5, A.S. #25, BY A. T. GEARMAN. GENERALLY LOCATED SOUTH OF THE 1000 BLOCK OF LYNDE DRIVE, EAST OF POLK STREET AND WEST F FILLMORE STREET: MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and 5 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 10:00 p.m. Mr. Sobiech, Public Works Director, explained the location of the plat, generally south of the 1000 block of Lynde Drive, east of Polk Street and west of Fillmore Street. The proposed plat consists of six parcels of property and the zoning is R-1. Mr. Sobiech stated there presently exists a marshy area on the properties and this area was discussed at the Planning Commission meeting. l The Planning Commission held a public hearing and recommend approval of the plat with six stipulations as follows: i 1. Comments and any pertinent requirements if any, must be obtained from the r Department of Natural Resources regarding allowable alterations to the existing wet land within this plat prior to approval. 2. A 75 foot drainage and utility easement along the east lot line of Lots 4, s 5 and 6 and along the west lot line of Lots 1, 2 and 3. 3. A 24 foot drainage and utility easement centered over the common lot line of Lots 4 and 5. ; 4. A 5 foot drainage and utility easement along all property lines not previously I mentioned. i 5. Unless expressly prohibited by the Department of Natural Resources, the owner ` should relocate the existing drainage ditch presently centered on Lot 4 to the common property line of Lots 4 and 5, and an appropriate inlet structure to be s constructed as a connection to the existing storm sewer line on Polk Street. A timetable of one year would be appropriate with an acceptable performance bond of $2,000. An alternative would be the acceptance of an agreement together with , I an escrow of $2,000 for such construction in the future. 6. A triangular street and utility easement over the southwest corner of Lot 4, f 9 Y -a for future street and utility purposes, the dimensions of which to be determined 1 by the Engineering Division and property owners prior to the submission of final c plat. Mr. Sobiech stated some additional comments from staff are that with the existing ponding and to assure no drainage problems, they should establish a certain minimum elevation above the normal ponding level. Also, with the development of additional properties, it is recommended that monies be escrowed to pay for an eventual storm sewer system in this area. a Mr. MacLennan, Engineer for the Rice Creek Watershed District, indicated they had reviewed this plat, but a final recommendation will not be made by the Board until their meeting on June 22, 1977. He stated the staff's recommendation to the Board is that this plat be treated in a similar fashion as Harris Lake Estates. The developer could trade some of the existing low area for another low area and fill in to accomodate housing, but to maintain the same surface of area for ponding. Councilman Schneider asked if there were any envisions of assessments to other property owners. Mr. Sobiech stated there would be none, except the potential of a storm sewer if ? ' property was developed to the south. Mr. Qureshi, City Manager, felt there should be an additional stipulation that the developer will continue to accept the same drainage from the drainage district and pay the cost of assessment to the City. It was felt by Council it should be made p r PUBLIC HEARING MEETING OF JUNE 13, 1977 PAGE 7 g. request be changed to rezone property from C-1 to R-2 on Osborne Road and from C-1 to j R-1 on Meadowmoor Drive. MOTION by Councilwoman Kukowski to receive the letter from Lambert and Petersen, Inc. t regarding their request for changes from their original zoning application. Seconded a by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the ri ( motion carried unanimously. ! Councilman Schneider stated he talked to many of the persons who had signed the petition against the rezoning and felt this compromise with the R-1 on Meadowmoor Drive and s R-2 on Osborne Road was agreeable with everyone he had contacted. No persons in the audience spoke for or against this rezoning. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:43 p.m. x e NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE TO REZONE LOTS 3 & 4, BLOCK 2, MEADOWMOOR i TERRACE FROM C-1 TO R-2 AND LOTS 22 & 23, BLOCK 2, MEADOWMOOR TERRACE FROM C-1 TO RR-1 ; GENERALLY LOCATED AT 1326-1328 AND 1344-1346 OSBORNE ROAD AND 1331 and 1345 MEADOWMOOR DRIVE N.E.: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon its s first reading. Seconded by Councilwoman Kukowski. i Councilman Schneider stated the reason he requested first reading of the ordinance this evening, after the public hearing was held, is to end the discussions of this i rezoning and put the people's mind's at ease. UPON A VOICE VOTE ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. }. � CONSIDERATION OF REQUEST OF VFW POST #363 FOR USE OF MONIES TO PAY TAXES ON VFW BUILDING: Mr. Dan Sjodin, Commander of the Fridley VFW Post #363, appeared before the Council regarding their request for permission to use money from their bingo funds to pay the 1976 real estate taxes on their building. He stated their letter indicated an amount of $10,215, but this should have been $10,265. Councilwoman Kukowski asked if this would be a one time request only. Mayor Nee indicated he was concerned about upholding the principal of the law regarding t use of bingo proceeds and that is why the question was asked if this was a one time g. request. i In answer to a question on how much was contributed from the bingo proceeds to community E projects, representatives reviewed the amounts with the Council. The VFW representatives stated, with the new bingo law, they have to use 100% of the bingo proceeds for community r projects and if they wish to use these funds for other things, it is necessary to obtain , { approval from the City Council. Mr. Herrick stated the State law sets forth what the monies can be used for and there is a provision that local units of government can adopt more restrictive regulations, w if they chose to do so. Mr. Herrick then reviewed the lawful purposes for using bingo proceeds which are outlined in the State Statutes. He stated the request from the VFW, he felt, would I 1F y4 i T k ,4 90 A . R PUBLIC HEARING MEETING OF JUNE 13, 1977 PAGE 8 i be a liberal interpretation of the words "maintaining real estate" and Council should consider if the payment of real estate taxes falls within the description of maintaining the building. He felt the Council should consider a limit on the amount of bingo proceeds that can be used for that particular category of the State Statute. It would not be necessary then for organizations to come with requests to the Council, as long as they fall within the limits set by the Council. Mayor Nee felt action could be taken on this request and then also to begin work on the items suggested by the City Attorney. Mr. Brunsell, City Clerk, indicated the licenses expire on June 30. Mr. Herrick suggested, prior to this date, the Council should take a look at the ordinance and the recording procedures to implement any changes they wish. MOTION by Councilwoman Kukowski to approve the request of the VFW to use $10,265 from their bingo proceeds to pay the real estate taxes on their building. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting any, Mayor Nee declared the motion carried unanimously. i MOTION by Councilman Fitzpatrick to instruct the City administration to review the bingo license ordinance and submit revisions at the first meeting in July, 1977. i Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Recess called by Mayor Nee at 11 :05 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:18 p.m. CONSIDERATION OF EXECUTION OF CONTRACT FOR DEVELOPMENT OF CRITRICAL AREAS PLAN: Mr. Sobiech requested the Council consider executing an agreement between the City and the Minnesota State Planning Agency for funding for the Critical Areas Plan. He stated the staff was in contact with the State and reviewed the work program regarding the type of items required by law. He stated this Critical Areas Plan would be incorporated with the City's other mandatory planning requirements. He stated this program costs approximately $12,000 with 75% of the cost paid through the grant program. MOTION by Councilman Fitzpatrick to enter into the agreement with the Minnesota State Planning Agency for development of the Critical Areas Plan. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF SHADE TREE DISEASE SUBSIDY APPLICATION FOR 1977: Mr. Qureshi, City Manager, stated the State Legislature has changed the subsidy program regarding shade tree diseases. Presently, the State is subsidizing 50110 of the cost for removal of the tree, with no costs for administration, inspection, or replacement. The, new subsidy program by the State will now pay 45% of all costs of the disease control program, including administrative and inspection costs, etc., and also pay 50% of the cost for tree replacement. Mr. Qureshi indicated it will be necessary to increase the budget by $32,000 in order to maintain the program of shade tree disease control. It is anticipated this year the City will remove 40% additional diseased trees than last year. Councilman Schneider questioned the 50% the State would pay for replanting of all trees or if this was only on public lands. Mr. Huff, Naturalist, answered in the affirmative, and stated this covers public lands including boulevard trees. r REGULAR MEETING OF JUNE 20, 1977 Page 2 . Mr. Herrick stated, in talking to Mr. Robert Johnson of the County, he felt this would be agreeable to the County Commissioners and suggested the City check with their local commissioner, Mr. Mike O'Bannon, to make sure he understands what the City is attempting to do. lie stated Mr. Johnson did not see any legal problems, but would have to clear it with the State Commissioner of Revenue. He felt, however, they would agree this is a valid public purpose and see the Council 's intentions. Mr. Herrick indicated Mr. Johnson felt the County would sell the lots to the City for the appraised price. Mayor Nee questioned how the selling price would be established. Mr. Herrick felt appraisal may be one way, that is, the City buys from the County and sells them for the same price; or another approach would be for the City to have an independent appraisal. He felt this would be a policy matter and not a legal question. Mayor Nee questioned if it would be necessary for the City to have an auction for these parcels. Mr. Herrick stated there is no requirement they be auctioned. Councilman Fitzpatrick questioned if the City were to release them, if the lots could be acquired from the County only through auction to which Mr. Herrick answered in the affirmative. Mr. Alex Barna, 560 Hugo Street N.E., felt this is one way to get rid of all the 40 foot or smaller lots in the City. Mayor Nee requested Mr. Stahlberg to submit his request in writing so the staff could research it and felt the Council should give some thought to this idea for the Conference Meeting and consider how to equitably handle this matter. Mr. Herrick suggested another decision the Council may wish to make is whether they wish to acquire ownership of all the substandard lots or to acquire them one at a time, when there is some interest shown by a potential buyer. Councilman Fitzpatrick asked the location of this property. Mr. Stahlberg stated it is the northwest corner of Fairmont and Riverview Terrace. OLD BUSINESS: ORDINANCE NO. 655 - TO AMEND CHAPTER 11 OF THE CITY CODE OF THE CITY OF FRIDLEY TOONTRACTORS, CHRISTMAS TREE LOTS, JUNK YARDS, BILLIARDS, CARNIVALS, MULTIPLE DWELLINGS, MINING AND LAND ALTERATION): - MOTION by Councilwoman Kukowski to waive the second reading of Ordinance No. 655 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 656 - REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA x'77-01 , BY GARY PETERSON TO REZONE LOTS 3 AN[) I;TO�K—Z,T1EAb MOOR TRICE FROM�T L C L BUSINESS RREA� TO R-2 TWDFIILY DW[ZLINS AftE S NO Lb�S 22 AND?3, QI.00K 2, MEADOWMOOR TERRACE FROM C-1 (LOCAL BUSINESS 11RE,1) TO R-1 SINGLE FAMILY DWELLING AREA AND -- ----- � ' CONSIDERATION OF A REQUEST FOR VARIANCES BY GARY PETERSON TO ALLOW CONSTRUCTION OF TWO FFrMILY DWELLINGS ON LOTS 3 AND 4, Gl_OCK 2, MEADOWh100R TERRACE 1326-28 AND 1344-46 OSBORNE ROAD): — MOTION by Councilman Schneider to waive the second reading of Ordinance No. 656 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, explained this request is for a variance of the square footage requirements on Lots 3 and 4, Block 2, Meadowmoor Terrace. One lot has 9,000 square feet and the other 9,600 square feet, therefore, they do riot meet the minimum requirement of 10,000 square feet. A variance is also requested to reduce the rear yard setback to 29 feet, instead of the required 30 feet. The Appeals Commission considered this item at their meeting on May 10, 1977 and recommended approval of the variance request. j I 92 I THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 20, 1977 The Regular Meeting of the Fridley City Council of June 20, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: CONTINUTED BOARD OF REVIEW MEETING OF JUNE 6, 1977: MOTION by Councilman Fitzpatrick to approve the minutes of the Continued Board of Review Meeting of June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 6, 1977: MOTION by Councilman Schneider to approve the minutes of the Regular Council Meeting of June 6, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilwoman Kukowski stated she unshed to add several items under "Licenses." They were as follows: Approve permit for Fridley Jaycees to sell tickets at the parade for the pancake breakfast; approve license and waive fees for the Teen Center kids to sell pop at the parade; and approve request from the Blue Line Club to sell food and beer at the softball tournaments on August 25, 26, and 27, 1977 and waive the fees. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Allan Stahlberg, 305 89th Avenue N.E., Blaine, appeared before the Council regarding his interest in buying lots in the City of Fridley which are presently tax forfeit. He inquired, if the City would consider buying the two tax forfeit lots in Riverview Heights which are both 30 feet wide, and sell them to him as he has plans to buy the other two adjoining lots which are each 25 feet, giving a total width of 110 feet for the four lots. Mr. Stahlberg stated he is aware of the cost of the sewer and requirements for building on the lots which are in the flood plain. Mayor Nee questioned the City Attorney if this could be done. Mr. Herrick, City Attorney, stated , when the Council reviewed the list of tax delinquent properties, it was agreed to take the 40 foot and smaller lots off the list which would ✓permit the City to do what Mr. Stahlberg is requesting; that is, to sell them to someone who could put together a buildable site. Mr. Herrick stated Mr. Stahlberg has been in contact with him and if he could purchase the two lots in question from the City, he has a verbal understanding the two 25 foot lots adjoining could also be purchased. i i I i J. i REGULAR MEETING OF JUNE 20, 1977 s Page 3 MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances requested. Seconded by Councilwoman Kukowski. Councilman Schneider stated the residents on Osborne Road and Meadowmoor Terrace are pleased with the compromise. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT TO ENVIRONMENTAL QUALITY COMMISSION (TABLED 6/6/77): Mayor Nee called for nominations to fill this vacancy on the Environmental Quality Commission. MOTION by Councilwoman Kukowski to nominate Mr. Dave Sabistina. Seconded by Councilman Fitzpatrick. MOTION by Councilman Hamernik to nominate Mr. Burt Weaver. Seconded by Councilman Fitzpatrick. There being no further nominations, the nominations were then closed by Mayor Nee. UPON A ROLL CALL VOTE, Councilwoman Kukowski, Councilman Schneider, Mayor Nee, and Councilman Fitzpatrick voted for Dave Sabistina and Councilman Hamernik voted for Burt Weaver. Mayor Nee declared Dave Sabistina was appointed to the Environmental Quality Commission by a 4 to 1 vote. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 , SECTION 11 .10 AND CHAPTER 603, SECTION 603.01 OF THE FRIDLEY CITY CODE RELATING TO LIQUOR LICENSE FEES: Mr. Qureshi, City Manager, explained this proposal to change the liquor license fees which is based on two conditions; the size of the establishment and if they have entertainment or dancing. He stated these two items were taken into consideration in the changes proposed in the liquor license fee schedule. Mayor Nee questioned if this material was circulated to the present license holders for comment. Mr. Brunsell, City Clerk, indicated this was not circulated and that the present license holders would not be affected until May 1, 1978. Councilwoman Kukowski felt the Council should have an indication from the business community on how the license holders felt about this proposal. Mayor Nee questioned if any persons in the audience wished to comment on the proposal. There was no response from anyone at the meeting. Mr. Qureshi stated the last change in the fees was in 1973 and the change recommended at this time is really not that great. Councilman Fitzpatrick stated the question came to his mind, by putting a premium on space, it may have the effect of reducing dining space. If this is so, they would have more of a problem regarding the relation of liquor sales to food sales. Mr. Herrick, City Attorney, stated if an establishment were to reduce the size of the dining area and add to the bar area, it is still counted as one figure. Mr. Wyman Smith, 6441 University Avenue N.E. , felt the business community should be notified. He felt it is a big mistake to raise fees unless there is a purpose. He indicated one place to start in stopping inflation is with government and that it would be much better to decrease the fees instead of increasing them. I . i i i I 95 I REGULAR MEETING OF JUNE 20, 1977 Page 4 i 1 MOTION by Councilwoman Kukowski to circulate the proposed fee schedule change to the license holders. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-04 NORTON AVENUE HOMESITES BY WYMAN SMITH BEING A REPLAT OF PART OF LOT 13, AUDITOR'S SUBDIVISION #89, GENERALLY I LOCATED ON THE SOUTH SIDE OF NORTON AVENUE WHERE IT INTERSECTS WITH CENTRAL AVENUE: MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve the final plat, Subdivision P.S. #77-04. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-03, IWEN TERRACE, A REPLAT OF PARTS OF LOTS 3, 4 AND 5 AUDITOR'S SUBDIVISION #25, GENERALLY LOCATED SOUTH OF THE 1,000 BLOCK OF LYNDE DRIVE, EAST OF POLK STREET AND WEST OF FILLMORE STREET, BY A. T. GEARMAN: Mr. Sobiech, Public Works Director, explained the location of this plat and stated the Planning Commission recommended approval with certain stipulations which were noted at the public hearing. Mr. Sobiech stated the petitioner, at the public hearing, concurred with the stipulations made by the Planning Commission and the ones discussed at the public hearing meeting before the Council. Mr. Sobiech indicated one stipulation, noted as item 8, involved the intention of the petitioner to ensure that future drainage is received in the ponding area together with payment for the outfall piping installed in Polk Street. The cost of the outfall being $2,475.17. Mr. Sobiech stated the Planning Commission recommended approval with the six stipulations outlined at the public hearing and the staff has added stipulations numbers 7 through 11. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve the final plat, Subdivision P.S. #77-04, with the 11 stipulations noted on Page 6B of the Council 's agenda material. Seconded by Councilwoman Kukowski. Mr. Qureshi, City Manager, asked if the City has a temporary easement for a cul-de-sac in order to maintain the road. Mr. Sobiech, Public Works Director, stated it is presently barricaded and comes to a dead-end and the City utilizes the driveway openings on Polk Street for maneuvering their equipment. Mr. Qureshi felt possibly temporary easements should be obtained and the petitioner was asked if this was satisfactory. i Mr. Bill Iwen, representing the petitioner, stated they could not take property off the west side for this purpose so it would have to come from the east side. He noted, if 40 feet is taken off the front, it comes to the point where the lot will be unbuildable. He indicated they would go along with everything, as long as they had a buildable lot. Mr. Qureshi indicated an easement for the purposes of being able to turn the City's equipment would be satisfactory. Mr. Sobiech felt perhaps the outlot area could be utilized for this purpose. MOTION by Councilman Schneider to amend the above motion by adding the additional stipulation that a temporary easement be worked out at the end of the roadway for equipment access. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 8, 1977: MOTION by Councilman Schneider to receive the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i j I i I ORDINA,XE NO. 056 AN ORDINANCE TO A!"i=ND 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 . /".ppendix D of the City Code of Fridley is amended as hereinafter indicated. .SECTION 2. The -tract or area within the County of Anoka and the City of Fridley and described as: Lots 3 and .4, clock 2., Meadowmoor Terrace, from C-1 (local business areas) to R-2 (two family dwelling areas) , and Lots 22 and 23, Block 2, 'eadowmoor 'Terrace, from C-1 (local business areas) to R-1 (single family dwelling areas) , all lying in the North Half of Section 12, 730, R.-24,_ City of Fridley, County of Anoka, :`innesota. LECTION 3. -That -the Zoning Administrator is directed to change -the official zoning map to show said -tract or area -to be rezoned from Zoned District C-1 (local busi- ness areas) to R-2 (two family dwelring areas) and R-1 (single family dwelling areas). RA,SSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20th _DAY OF Jun P_ 1.977. ATTEST: ITY ,CLERK Marvin C.. Brunse11 rubiic Hearina: June 13., 1977 First Reading: June 13, 1977 second Reading: June 20, 1977 Publish: June .29, 1977