PL 08/18/1971 - 31105���
PLANNIIJG COIyIl�IISSION MEETING AUGUST 18, 1971 PAGE 1
The megting was called to order by Acting Chairman Fitzpatrick at
8:05 P.M.
ROLL CALL:
Members Present: Minish, Fitzpatrick, Zeglen
Members Absent: Erickson, Schmedeke
Others Present: Darrel Clark, Engineering Aseistant
APPROVE PLANNING COMMISSION MINZ]TES: �iUGUST 4, 1971
MOTION by Zeqlen, seconded by Minish, that the Planning Coaenission minutes
of ,�ugust 4, 1971 be approved. Upon a voice vote, a11 voting aye, the motion
carried unan�mously.
RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCO1rIlrIITTEE MINUTES: AUGUST 5, 1971
MOTION by Zeglen, seconded bc� Minish, that the Planning Commission receive
�he minutes of the Building Standards-Design Contro2 Subconcn.ittee meeting pf
%� August 5, 1971. U�n a voice vote, a11 voting aye, the motion carried unanimously.
RECEIVE BOARD OF APPEALS MINUTES: AUGUST 10, 1971
MOTION by Minish, seconded by Zeglen, that the Planning Commission receive
the m3nutes of the Board.o� Appeals meet.ing of August 10, 1971. Upon a voice
vote, all voting aye, the motion carried unanimously.
1. CONTINUED: REQUEST FOR SPECIAL USE PEBMIT, SP U71-09, BY SOCIAL DYNAMICS,
INC., JAMES LEIDICH: Lote 1 and 2, Block 1, Oak Hill Addition - to build
and operate a day nureery and learning center under Section 43.051, 3, F,
of City Code. Public Searing closed.
Miss Jean Shrum and Mr. James Leidich represeated the petitioner.
Acting Chairman Fitzpatrick informed the audience that the public hearimg
was closed but no recammmendation was made to the Council. The City Attorney
was aeked to give an opinion whether or aot the City could permit nursery
schools in an R-1 Diatrict provided a special use permit was approved. His
answer to the question was in the affirmative.
MOTION by lNinish, se�onded by Zeglen, th$t the Planning Co�ission receive
the letter from virg3l C. 8errick, City Attorney, dated Aagust 13, 197Z in which
he stated the P1ann3ng Co�nission could permit nursery schopls in an R-1 Distr3ct
under a Special Use Permit. Upon a voice vote, a11 voting aye, the motion
�"' carried tuianimously.
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Plannin� Commission Meetin� - August 18, 1971 P$ge �
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Mr. Zeglen stated he had driven by the Learning Center in Robbinsdale
and he thought 1t was a nice looking building.
Mr. �,eidicH e.aid the building in Fridley would be architecturally the
same except it would be larger. The lote in Fridley are oa th@ same level as
Target.
Aarrel Clark added that the ad�oining residents were noX objecting to the
use, but had questions about the trespassers on the vacant lots between their
houses and the proposed building. He continued the utilities will come dowa
from the North, and the petitioner ia prepared to petition Council for them.
Mr. M.inish felt the day nursery and learning center was a reasonable use
of the property. The question before the Planning Commission was whether or
not a day nuxsery would be permissible under R-1 zoning, and that has been
anewezed by the City Attorney. The other concern was fencing Lots 1, 2 and 3,
but xather �aait to eee if, in spite of the propoaed building, the trespassers
coatinued to use Lot 3 to get to Target, the stipulation of fencin� Lot 3 could
be made � condition of tihe Special Use Permit., Mr. Clark said tih�t Mr. Herrin-
ger, owner of �he property, would have to be contacted, and hopefully, would
agree.
MpTION by Minish, seconded by Zeglen, that the Planning Commission recom-
mend approval.of the .�equest for a Special Use Permit, SP #71r09, by Soc�al
Dynamics, Inc. to construct and operate a day nursery and learning cente� on
Lots 1 and 2, Block 1, Oak Hi11 Addition under Section 45.OS1, 3, F, of the
City Code with the cot�dition that the petitioner follow through on the petition
for utilities, and th$� the fence be extended across the rear of Lot 3 to pre-
vent people cutting across to go to Target. Upon a voice vote, all voting aye,
the r�otion caxxied unanimously.
Z. PUBLIC HEARING: REZONING REQUEST, ZOA ,1�71-05, REAL ESTATE 10, INC.,
FRANCIS GIRDLER: Part of Zot 5, Auditor`s Subdivision No. 25, to be
rezoned from R-3 (general multiple family dwelling) to CR-1 (general
office and limited business).
Acting Chairman Fitzpatrick read the Public Heariag Notice.
Inasmuch as Mr. Shexidan, the owner, was the only one present, and the
applicant, Mr. Girdler, would be late, Chairman Fitzpatrick stated that he
would entertain a motion to continue the request until later in the ev�ning.
MOTION by Minish, seconded by Zeglen, that the rezoning request, ZOA
#71-05, by Real Estate 10, Inc. be tabled until the applicant appears. Upon
a voice vote, a11 voting aye, the motion carried unanimously.
3. PUBLIC HEARTNG: REZONING REQUEST, ZOA �`71-06, DONALD W. REESE: Lot 16,
Block 1, Re�rised Auditor s Subdivisioa No. 10, to rezone from R-1 to S-2
(double bungalow).
The Public Hearing Notice was read by Chairman F-ttzpatrick.
Mr. and Mrs. Donald W. Reese were preseiit.
Mr. Reese explained they were purchasing th�.s p=�perty if the rezoning
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Planning Commission Meetin� - August 18,j 1971 Page 3
went through as they plan to build a double bungalow on the North half of the
lot and then later split the lot and construct another double bumgalow on the
South half.
Phillip J. 0'Loughlin, 5387 Altura Road: Mr. 0'Loughlin said he was
speaking for his father. He said they owned the lot directly to the South of
Lot 16. He asked Mr. Reese where the buildings would be placed.
Mr. Reese said the house on the North half would be facing County Road H,
and the bungalow on the South half would face Central Avenue. He said they had
not requested s lot split at this time. He said there would be no changes in
the elevation of the North half.
Mr. 0'Loughlin said they would object to splitting of the lote and the
building of two double bungalows. He asked Mr. Reese what type of double
bungalow he planned to build.
Mr. Reese said there would be a three car garage for each unit, but they
had not ordexed plans until the zoning was decided.
Mr. Clark said that if the requeat were granted, Mr. Reese would have to
have an easement to be served by water from 69th Avenue. Chairman Fitzpatr�ck
asked for aXea requirements. Mr. Clark answered that the lot iQ large enough
to split. It is more than 20,000 square feet making 10,000 square feet for
each double bungalow. The area is sufficient to meet the requirements.
Mr. 0'Loughlin said that he would like to see plans of the proposed
buildinge.
Chairman Fitzpatrick explained that the application is a rezoning
request. If the rezoning were approved, they would then be building within
the permitted uses. The request will come up again before the Gouncil. "
�Ir. Reese said that it is a large lot and they did not feel they could
afford the taxes for the whole lot, and that was why they would build on half
until they could see their way clear to build another bungalow.
Mrs. Reese also added that they are buying the lot, and plan to build a
double bungalow on the North end of the lot and theg would be moving in and
renting out the other part. They hoped some day, with the taxes on the
whole lot beiag hi�h, to split the lot and build a second bungalow, as they
did not anticipate being able to pay taxes on the large lot indefinitely. If
they didn't split the lot, it would put them in the position where they would
have to lower the quality of the construction. To help them out with the
financing of the double bungalow, they might have to sell the second lot. They
did not plan to change anything on the lot, auch as trees and elevation. The
lot adjoining on the East ia on the same level. Mr. 0'Loughlin's lot is qn
the South, an.d South of that is Rice Creek.
MOTION by Zeglen, se�onded by Minish, that the Planning Co�an.ission close
the public hearing of the rezoning request, ZOA 1i71-06, by Dana1'd W. Reese to
rezone from R-1 to R-2 (double bungalow) Lot 16, Block 1, Revised Auditor's
� Subdivision #10. Upon a voice vote, a11 voting aye, th� motion carried
� unanimovsly.
Planning Commission Meetin� - Au�us� lSs 1971 Page 4
Mr. Minish said there are single family homes adjoining Lot 16, a park to
�\ the South, aingle family across Central Avenue with the exception of Medtronics
' and Onan'� to the North, neither of which would be detrimental to single family
homes, and the intention to seek a lot s�lit later on, is not desirable. He
would like an explanat�on why xezoning was more desir�ble than a special use
permit.
MOTION by Minish, �econded by Zeglen, that the Planning Commission recom-
unend to Council denial of the rezaning request, ZOA #71-06, by DonaZd W. Reese
of I�t 16, Block 1, Revised Auditor's Subdivzsion No. 10, to rezone from R-Z
(single fa�i.�y dwellings) to R-2 (cTouble bungaZows) because of the number of
sin��e famiZy dwelZings in the area, the property is close to a park, and tlae
1ot could be developed under R-Z.
Chairman Fitzpatr�.ck said the MOT�ON was open for further discuseion.
Mrs. Reese said that when they applied for R-2 zoning, they talked to the
people �ho awaed the aeighboring lots. '�'hey told the awners of their intentions
and :�elt these peopl� would be at the meeting if they opposed the requeat. On
the N�rth is Medtronics and Oaan's. The 0'Loughlin lot is between their
p�operty and the park. They did not believe their plaas would det;act from the
neighborhood. In the listing of the lot in the local paper, it was stated that
the laand �ould be zoaaed R-2.
Chairman Fitzpatxick asked how many siagle family residences were in the
el.ose �r�a. He was told ni,ne. Then he asked how many were notified. Thres
�.., of them were within 300 feet aad were notified.
� Mr. Zeglen asked about the lots to the East, Lota 17, 18, 19 and 20.
Mr, Clark said these houaes on 69th are older homes and axe aet back about 60
fee� and � little more centrally located on the lot's. The owners have not
expressed any idea of s�plitting, and there are no easements on the South end
of the lots. They could be landlocked lots.
MOTION: Upon a voice vote, a1I voting aye, the motion carried unanimously.
REOPENED ITEM 2: ZOA �71-05. REZONING REQUEST, R�AL ESTATE 10, INC FRANCIS
GIRDLER.
MOTION by Minish, seconded by Zeglen, that the Planning Commission reopen
the pvbl,ic heaxing of ZOA #71-05, by Rea1 Estate 10, Inc. to rezone from R-3
to CR-1 part of Lot 5, Avditor's Subdivision No. 25. Upon a voice vote, a11
vot.�ng aye, the mqtion carried vnanimously.
Because of a conflict of interest, Mr. Minish excused himself from
participatiag in the proceedinga.
M�r. Girdler explained his firm was buying the property of Mr. Sheridan
for their home office on a piece of pro�erty which they feel will enhance the
value of the eurrounding propertiea. They plaa to occupy the first floor,
pfficea in the basement and second floor for rental. Because theirs is real
� eatate businesa, there will be very little traffic as far as the public is con-
ceraed other than closing transactione with buyers and sellers and the salesmen.
Planning Commission Meetin� - Au�ust 18. 1971 Page 5
^ Mr. Axt Gearman, White Bear Lake, Minn.: fle said that he owned �he
ad�aeent property on the comer. He has been involved with the area for the ls�t
four or five years with the.l+�oon Corpoxation attempting to get a 1ot split. fle
owns two apartment b uildi�ga right b�hind this parcel. If the whole corner
were zoned or developed like it should be, it would be one development. He did
not know what the propoaed building would do to the rest of the property,
whether it would increase or deerease the valuation.
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Mr. Clark said the apartment houses were built when the Terry Addition
waa sti11 active, but the plat was never recorded. Council woul�l like a plat
rather than a lot splite The whole area should be platted.
�dr. Gearman said that to put CR-1 zoning in the center of what is now
R-3 propexty would detract from the whole area.
Mxo Girdler said Mr. Gearman's concern is that he would like the property
R-3 £or multlple dwellings. An office building of �his eize 'has been in resi-
dential co�unities and there were no complaints.
Mr. Sheridan s�id that he believed that when this area was originally
platted, it weat through and was approved bq Council. It was the intention
of the Couacil that the lot would be aplit. Se fouad out now that Lots 3, 4
and S are not split as far as the City records ehow. It was split at the
time of the sale and registered with the County. It would seem to him splitting
Lots 3, 4 and 5 would be the logical way to proceed.
Chairman Fitzpatrick said that
request was denied doea not apply to
continued of necessitq until the next
the question of whether or not the lot aplit
the reaoning request. This item will be
Planning Commission on September 1, 1971.
Gerald (Bill) Iwin, 5605 Sumboldt Avenue So., Mpls.: Se said he has been
connected with this property for seven or eight years with the people who tried
to record the plat. They had to give it up. Is there sewer and water on the
street that goes in front (flillwind)? He was told there is a watermain but
no sewer. The petitioner would have to get an easement acros$ Mr. Iwin's
pxoperty to get to the sewer on Polk Street. If this rezoning request goes
thraugh, Mr. Iwin asked if it would be posaible for th� whole area to be rezoned?
It would be detrimental to the residential property.
Mr. Sheridan said he believed there was a misunderstanding as this
part a£ Lot 5 does not abut any property escept R-3 zonia�. The frontage road
is R-3e
Mr. Clark added t�iat the Council Minutes of March 6, 1967 do not state
specifically the lntent of the motion wherein it asked Mr. Gearmau to plat
his piece.
1N�7TION by Zeglen, seconded by Minish, that the Planning Co�nission close
the Public 8earing of the rezoning request, ZpA #71-05, Real Estate 10, Inc.
to rezone from R-3 to CR-1 part of Lot 5, Auditor's 5ubdivision No. 25. flpon
a voice vote, all voting aye, the motion carried unanimously.
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Plannin� Commisaio� Meeting - August 18, 1971 Page 6
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4. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT, SP �i71-10, VIRING
CHEVROLET: For New and Used Gar Salee on Parcels 2850, 4350 and 4360,
Section 12, per City Code, 45.�01, 3, B in a C-2$ Diatrict.
The representatives for the Viking Special Use Permit application were
Wyman Smith, Jerry Brady and Kenneth Isaacson.
Chairman Fitzpatrick read the public hearing notice.
Mro Wym�nn Sm�.th explained that he was before the Planning Commission on
behalf of Viking Chevrolet. The Commission was kind enough to rezone the
prop��ty on Univereity Avenue last spring. Since then they found out the Co�
i4ittee from General Motors would not approve the location. In order to stay
in Fri.dley, thia was the one thing he encouraged them to do. The Viking people
have sign�d an agreement for the purchase of this property w'here the Edison
Some� are. Mr. Toberman, who owaed the Ediaon Homes, i►ae sold the company.
Ttiey are going ta vaeate the land and the lease will be terminated. Viking will
be able �o make use of the existing building. Jerry Brady and Ken Isaacson
have met with the City Engineering �taff. There will have to be some upgrading
of the site requirements.
Mr. Bradp said the recomanendations of the City Engiaeer for the black-
topped area on �he South would be some curb cuts for service areas and clasiag
in present blacktop. There would be no structural changes on the outside of
the building, but there would be some internally.
n MOTION by Minish, seconded by Zeglen, that the Planning Commission close
th� �blic Neari�g for a Special Use Permi.t, 5P #71-10, Viking Chevrolet, for
a New and Used Ca� Sa1es on Parcels 2850, 4.�50 and 4360, Section 12, per City
Code 45.101, 3, B in a C-2S District. U�n a voice vote, a11 voting aye, the
motion carried unanimously.
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Chairman Fitzpatrick asked about euch details as screening and land-
scaping -- how they should be handled at this time. Mr. Clark said the Co�
mission could recommend to Council that the Building Standards-Design Control
Subcammittee check the plans as long as there is going to be internal structural
work.
MOTION by Min�sh, seconded by Zeglen, that the Planning Commission recom-
mend approval to the Council of the request for a Special Use Perau t, SP
#71-10, by Viking Chevrolet for New and Used Car Sales on Parcels Z850, 4350
and 4360 in Section 12, as per City Code, 95.101, 3, B in a C-2S District
with the stipu�ation that Council refer the request for review by the Building-
Standards-Design Control Subcommittee. Upon a voice vote, all voting aye,
the mota.on carried unania�usZy.
�, AppRpVE pRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY ROGER LARSON: The
North 813 feet of the East 3/4 of NF3� of Section 13. (69th Avenue
at East City Limits.)
Chairman F�tzpatrick commented that thi� request has been discusaed for
some time. N�ot loag ago the Commisaion had a proposal before them which theq
as4ked some attempt be made to increas� the green area� and decrease the pro-
portion of building and b�acktop within the whole area.
Planning �ommission Meeting - August 18. 1971 Page 7
�Roger �arson� James Wiensch and Frank Reese were present fox the townhouse
� development.
The improvements in the green areas were noted. Mr. Reese said that
attached garages or tuck under garages are better adapted to sloping land--
this land is leve� so that it would be no improvement in this instance. 'lhey
now have 60 feet between structures. The sidewalks and doors are basically
the same circulation system. Dumpster� will be inside of the building and
refuse will be hauled away. There is a forty foot right of way along the East
side, which will be deeded over at the time of the building. They are allowing
for a future right of way along the West side.
Chairman Fitzpatrick esplained that the City will have a slope easement
of 160 feet North on Rice Creek and the developers cannot build on it, but can
use it for density and the City would retain ownership.
Mr. Reese continued that there wi11 be trees a�ound the homes. The homes
will be three bedrooms, full bath, full basement, no walkout, have individual
furnace �d central air conditioning.
Darrel Clark explained that the preliminary plan before the Planning Com-
mission becomes th� bas�.s for �he final plan after Council approves it. The
Commission now is to approve the arrangement of buildings, density and the units
for every 3,000 square feet and accept the layout.
� Mr. Zeglen had some doubts about the parking.
MOTION by Zeglen, seconc�ed by Minish, that the PZanning Conanission recom-
mend approval of the preliminary plan of the Townhouse Development as submitted
and presented to the Planning Coa�ission, dated August 18, 1971. Upon a voice
vote, a11 voting aye, the motion carried unanimously.
6. CONFIRM PUBLIC HEARING DATE: REQUEST FOR SPECIAL USE PERMIT, SP ��71-12,
HARLAND E. BERRY: To construct a double bungalow on Lots 3 and 4, Block 4,
Ostman's Third Addition per City Code, 45.051, 3, D, on September 1, 1971.
MOTTON by Minis,h, seconded by Zeglen, that the Planning Commission confirm
the public hearing date of September 1, I971 of a z�equest for a Special Use
Permit, SP #71-12, by Harland E. Berry to construct a double bungalow on Lots
3 and 4, B,Iock 4, Ostman's Third Addition per City Code 45.051, 3, D. Upon a
voice vote, a11 voting aye, the �cotion carzied unanimously.
7. LOT SPZIT RE UEST: Z.S. �71-09, ING SIVERTS, JR.: Part of Lot C, Registered
Land Stirvey No. 3- for building site.
Mr. Siverts' request is to split Lot C. Sis home is on the North end.
The area of Lqt C is approximately 34,G50 square feet. The Southern portion
would be split in such a fashion so as to give the proposed buyer about 20,000
or more aquare feet.
� The Cpunty Surveyor, Roland W. Anderson, submitted a statement addressed
to Mr. Siverts and the Planning Commission.to inform the:�� that the Mortgage
Plannin� Commi�siou Meetin� - Au�ust 18, 1971 Page 8
Loan Survey dated August 17, 1971 would be acceptable in the Anoka County
!^` Registrar of Title Office.
Mr. Clark explained that when a lot split ia not complicated or involved,
it is not necesaary to go to the Plata & Subdivisions Subcommittee. The Chair-
m�n of this Committee, Mr. Schmedeke, met with Mr. Siverts.
MOTION by Zeglen, seconded by Minish, that the PZanning Commission recom-
�na apprpval of the request for a Lot Sp1it, L.S. #71-09, of part of Lot C,
Rcgister�d Land Survey No. 3 for a building site as indicated on Mortgage Land
Survey by Suburban Engineering, Inc. dated August 17, 1971. Upon a voice vote,
a11 voting aye, the �otion carried unanimously.
�. SET PLTBLIC HEARING DATE: REQUEST FOR SPECIAL USE PERMIT, SP �171-13,
DICR'S NORTH STAR: Lota 3, 4, and 5, Block 7, Berlin Additiona To sell
recreational trailers per Code 45.101, 3, N.
MOTiON by Zeglen, seconded by Minish, that the Planning Co�nission confirm
the publ�.c hearing date of September 22, 1971 for the request of a Special Use
Peranit, SP #7Z-13, Dick's North Star to seZl recreational trailers as per Code
45a101, 3, N, on Lots 3, 4 and 5, Block 7, Berlin Additioaao Upon a voice vote,
a11 voting aye, the motion carried vnanimously.
� 9. DISCUSSION OF LOW SWAMF LAND NORTH OF 79TIi BETWEEN UNIVERSITY AND BURLING-
TON-NORTHERN RAILROAD TRACKS:
Chairman Fitzpatrick said that the letter from Mr. Winston Jacobson dated
July 18, 1971 regarding thia land came before the Park Commission. Because the
amount oE the property involved is large, they f�lt whatever could be done
should be by the County Commiasioners in coajunction with the City. The area is
too large and expenaive, but it is the kind of tl�ing they would like to preserve
for open space. Mr. Jacobson's coacern was that he was afraid the City of
Fridley was about to dump Burlington-Northern excavation there. The area is
much more wild and populated with wild life than any other piece of property in
Fridley.
Mr. Clark said that the City would have to give the land owner permission
to have fill dumped on the land. The land will be opened up with sewer and
water soon.
Chairman Fitzpatrick wondered if the City could postpone the land getting
fill.
Mr. Minish wondered if it would be permissible to make a recommendation
now to permit fill to be dumped in that axea while the City contacts the
appropriate County Agencies for their recom�endation. In the meantime, the
boundary lines should be set.
Mx. elark suggested Main Street which runs about 1300 feet West of Univer-
sity Avenue and at the East edge of the park. This lan3 is lower than the park
�` land and has peaty soil. Council's attention could be !�rought to the fact
that �ill,ing this land and developing it would be a los� of wild life preserve.
Planning Commission Meetin� - Au�ust 18, 1971 Page 9
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Mr. Minish said he realized this is a late time to bring up the matter,
i�' but something should be sent to the County for their permission and a resolu-
tion drawn up requesting the pr�servation o£ this land.
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MOTION by Minish, seconded by Zeglen, that the Planning Coimnission recom-
mend to Council that they take action to see that not another fi11 from the
Burlington-Northern is allowed to be dumped on the parcel generally North of
79th Avenue between Uni,versity Avenue and the railroad tracks until such time
as contact can be atade between proper City Officials and County Boar$ to consider
what is apropos of preservation %r a Fridley Pa�k. Upon a voice vote, all
voting aye, the motion carried unanir�usly.
10. REPORT ON GUIDE LINES FOR SUBSTANDARD LOTS: To be continued as material
is not ready.
Continue.
L�DJOURNMENT :
There being no further buainess, Chairman Fitzpatrick adjourned the
meeting at 10:40 P.M.
Res ectfully, submitted
y�_.-c�.�C� y'..�.r: �-
flaze� 0'Brisn
Recording Secretary
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