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PL 11/17/1971 - 31109�, PLANNING CO1rIl�iI S S ION MEET ING CITY OF FRIDLEY NOVEMBER 17, 1971 PAGE 1 The meeting was called to order by Chairman Erickson at 8:01 P.M. ROLL CALL: Members Present: Minish, Zeglen, Erickson, Schmedeke, Fitzpatrick Members Absent: None Others Present: Nasim M. Qureshi, City Engineer and Planning Director, Peter J. Herlofsky, Planning Assistant, Darrel Clark, Engineering Assistant. APPROVE PLANNING COMMISSION MINUTES: NOVII�ER 3. 1971 MOTION by Fitzpatrick, seconded by Zeglen, that the minutes of the Planninq Commission meeting of November 3, 1971 be approved. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. RECEIVE BUILDING STANDARDS-DESIGN CO_NTROL SUBCOMMITTEE MINUTES: NOVEMBER 4, 1971 MOTION by Zeqlen, seconded by Minish, that the Planning Commission receive the minutes of the BuiZding Standards-Design Control Subcommittee meeting of � November 4, 197Z. Upon a voice vote, a11 voting aye, the motion carried ` unanimously. ORDER OF AGENDA: The Chairman said there would be an addition to the Agenda setting a public hearing date of December 8, 1971 for the Special Use Permit, SP �71-16, by Everett Utter. • MOTION by Fitzpatrick, seconded by Z�g1en, to confirm the addition of the request for a Special Use Permit, SP #7I-.�6, by Everett Utter setting a pubZic hearing for December 8, 1971. Upon a voice vote, a11 voting aye, the motion carried unanimovsly. 1. PUBLIC HEARING: REZONING REQUEST, ZOA ��71-10, BY MRS. LLOYD MURPHY: To rezone the Westerly half of Lot 18, Block 1, Spring Valley Addition from C-1S to C-2 (general business areas) for a small golf putting course. The Public Hearing Notice was read by Chairman Erickson. Inasmuch as the petitioner was�not present, the Chairman entertained a motion to hear the petition later should the petitioner come in. MOTIDN by Fitzpatrick, seconded by Minish, that the Planning Corrrmission continue the Public Hearing of the Rezoning Request, ZOA #71-10, by Mrs. Lloyd Murphy for�later in the aqenda. Upon a voice vote, a11 voting aye, the motion �` carried unanimously. I I I I I �i I � � � � ti�November 17, 197 2• VACATION RE UEgT. P8 e� EaBt'West alley in Block73_07p BY �' �RGINIA T. . , S ring Brook park Addition��s�� To vacate t�e Mrs. Virginia Jacobsen was present. The Chairman explained that this ite' order to notify the people in the neighbo�hood�continued from the last meeting in Mr. Clark said he had not received an the alley for which no signature was given was�Lotc28ls. Schultz's assured her that the The only lot that abuts y can get tl�at Si ��• JBCObsen said the is using the alley, gnature if she needed it. No one Ch$irman Erickson said the City would have to retain the easeme Mr• C1ark e nts for utilities xplained that the Board of Appeals were asked for a variance for the construction of a garage to the lot line using it. The City has indicated that the ' and to vacate the alle the uae of an alley. Y are doing everything to discouragee was Mr. Schmedeke said he recalled that in his area vacation.of an alley and the petition was not '°Ae Peraon objected to the be made to create an ordinance where 80% or so�would be $a wished an attempt could Chai equate to pass. rman Erickson said that he agreed it would be desirable to vacate the alley, or try to do it. � the people who o� In this particular case property adjacent to the alle� he found that at least 8p% of vacation. y have petitioned for the G �'. Clark said, referring to notices Charter, only the people affected are notifieded to the people, that in the Cit 'requires only the people in the block to be notifiede��le, aa alley v$cation y would perhaps go two or three blocks. � and if a atreet , they Mr. Fitzpatrick said that in view of the recommeadation of the in view of the fact that no one has objeCted, and in view of th people requesting the vacatioa, he r�,ould Subcommittee, make the followin e large number of MOTION b g �otion. � Fitzpatrick, seconded b reco�end to Council a � Mi�sh, that the Plannin Co T• Jacobsen to PProval of the vacation r 9 �ssjon vacate the East/West 12 foot a�1�uest, SAV #71-07, by Mrs. Virginia Addition with the stipulation that y ln B1ock 3 the utilit �e City retain the util�tysea ement�8 �ark y companies concur. Upon a voice vote, a11 votin carried unanimously, nd that g a9e, the motion 3. rezone the -`"' V�JL ��w if71-09 BY CASTI,E MOBILE HOMES Westerly 600 feet of the Northerlq 750 feet of the IN�'' To of Section 12 to be rezoned from M-1 (light industrial are88 t shopping areas) . �' o� the iV[� �. ) o C-2S (general Planning Commiasion Meeting - November 17, 1971 Page 3 ^ 4. CONTINUED: REQUEST FOR SPECIAL USE PERMIT, SP �71-14, CASTLE MOBZLE HAM�S, INC.: P�r Section 45.101 - 3N of the Fridley City Code for the location of Mobile Home sales on the Westerly 6q0 feet o� the Sou�he�ly 320 �eeg o� the Northerly 750 feet of the NE'� of the NW1�, Section 12. Mr. Rotter and Mr. Swan.son were present. The public hearings were closed at the November 3rd meeting. The Commission asked for some comments relating to the proposed comprehensive plan outline to be presented this evening. Mr. Qureshi distributed to the Planning Commission the rough draft of the Comprehensive Plan. Mr. Qureshi said that what had been done was basicall.y a collection of a variety of material put together for the Planning Commission t�o review, change and modify. Maps were shown with overlays, superimposing the surrounding communities to get a little better view of the areas pertaining to this request. The thinking of the area for the rezoning request was chiefly commercial - Viking Chevralet and Frostop are also commercial types of business. Highway 4�65 carries 30,000 vehicles and Osborne Road 8,000. With almost 40,000 vehicles going past this section, quite a commercial exposure is created. It is probable this area can t�e used for a good commercial development, but it ahould be more of a regional �` type rather than neighborhood. It was felt there is enough local neighborhood type commercial scattered all over the City now. Viking Chevrolet would be con- � sidered commercia�. with a Special Use Permit. If the Council and Plannin� Gom- mission consider rezoning, there should be thought given to detaching the ��rvice drive now in front of Froatop. Mr. Schmedeke said the reason'he wanted to study this requeat further was because he objected to the fact that the mobile home sales do not pay the ssme taxes as other businesses. This firm has operated three years in Fridley t�Qw. He did not believe they were taxed by the assessor or that they paid a licanse or permit fee to the City. As he understands it, they do pay a license �ee ta the State and the State returns 30% to the City. He understood that this c�ming year mobile homes are going to be taxed as personal property. He did not krtc�w how this would affect the City. If these people are going to put in anotber , '.�,', mobile home sales and not put a foundation under the trailer they use as an office, he r>aw no reason why other businesses could not opezate from a taob�.le home. Also, there could be the possibility this is not what we want o�. Chie corner. Mr. Zeglen asked if Mr. Schmedeke wa� saying he was noG it�terested i� mobiie sales as such, or was he ob�ecting because the business did nQt have � pei�anent foundation. Mr. Schmedeke felt something permanent should be construet�c� or� a valuable site. Mr. Zeglen said the situation is that we have a mobile home sales moving out and another busineas taking over the property it occupied. Now the question is whether we contit�ue on the basis of a trailer home for the home office ar somethin� more permanent. Perhaps for the period of three yeaxs, and �ft�x �hx'e� � years go to a pex�manent home office or diacontinue. The Mobile Home Sa�.e� busi- ness was probablq much smaller when they firat began their business in k'��.d�,ey, pexhaps half . i �. ' a Planning Commission Meeting - Novemher 17, 197]� Page 4 � Mr. Minish said that he agreed with Mr. Schmedeke. When they first can4e in and applied for a Special Use Permit, he did not feel this request was the best utilization of the permanent structure. fle was reluctant to rezone because �'or one reason or another, the petitioner was not $ble to produce a specific u��. He would rather wait and have a particular type of use presented. He would be opposed to rezoning at this time. Chairman Erickson said that he had spent some time researching. Two years ago the Council granted a Special Use Permit to Castle Mobile Homes, Inc. to operate a trailer sales office subject to the Subcommittee's recommendations at the present location of the company on the lot South of 72nd Avenue. The recom- mendations were violated, practically every one. The entrance blacktop was not done. Vehicles were to be 15 feet apart -- they are about 5 feet apart. They were supposed to supply adequate security lighting. Public rest rooms weXe to be supplied, but he could not tind the rest rooms agreed to. Violated parts of the Sign Ordinance with a flashing sign and use of pennants. Mr. Minish said that this confirmed his suspicions. Mr. Bernard xotter of Castle Mobile Homes asked to be heard on his pran behalf. He said that the outside rest rooms were not required. They have two rest rooms inside the sales trailer. He was not aware of the pennant orda�nance. The flashing sign was the only one he knew of that was in violation. Their agreement was that they were to blacktop or ha�d surface. When they talked to the Council, they were told they could use Class V with a prime coat of oil. Chairman Ericksoa said he had the minutes before him and Council xequested /"`� there be 15 feet between the trailers. Chairman Erickson said he thought �ve�y _ agreement that was made at the time of the Special Use Permit was violated. Mr. Rotter said the sign was cut down because of the City Ordinance. Mr. Schmedeke asked Mr. Rotter if his company had any connections wi�h the Castle Mobile Sales on the other side of Anoka. Nix. Rotter answered that they started first here in Fridley and did vQ�y well, and then they opened two more offices. As far as violations were concerned, the sign was the only thing he was aware of, but nothing else was brought tp their attention. Mr. Fitzpatrick said that this isn't the first time the �o�i.asion found differences between the plans on file in City Hall and actual field conditions. It appears that some of the requirements on plans are either changed or missed. Mr. Rotter said the first approval was directly from the Council. He thought. if they were in violation, they should have been told at that time. He said they are b�ing taxed as real estate now. Mr. Reynold Swanson said they pay $25°.00 for a permit to keep the trailer on the lot plus real estate zaxes of $450.00 to the State. Chairman Erickaon said according to the minutes of the Board of Appea�� meeting of July 2, 1969, Mr�. Rotter stated he would blacktop. �� � Plan_ ning Commission Meeting - November 17,1971 Page 5 � Mr. Rotter said they put in Class V and oiled it and it is a hard surf�ce. The Building Inapector should have told them and they would have complied. Mr. Clark said the comments on the sign were correct. Chairman Erickson said that if there was another agreement, the Commission did not know about it. Mr. Rotter said they were now rezoning the entire piece of property. They would be paying taxes on the whole until they found a buyer. They were request- ing the Special Use Permit for the property they would occupy. They would have to come in with plans or platting before any construction can be started. H� did not believe a permanent building on the property would be the best thing for the City to have. They did not feel the rezoning and special use permit was an unreasonable request. Mr. Qureshi said C-2S is what they would call general business zoning, while C-1 is local business. This is a sizeable amount of property, and there is enough land to build something substantial. Mr. Zeglen said that this was land rezoned by M. G. Astleford from commer- �ial to industrial and he did n�°l�ow many years the land has been lying idle since the rezoning. He felt the'�.and would develop faster if commercial. Mr. Schmedeke said the land probably will be commercial some day, but it should not be at this date with a temporary building. Maybe at a future date, if a proper co�ercial business comes into that area, we may want it in. n Mr. Qureshi said tha� the type of business that they are proposing, with a Special Use Permit, would give double control -- rezoning first and Special Use Permit second. Mr. Zeglen noted that 69th Avenue North and Osborne Road the development is coffiercial. He couldn't see anyone wanting to go in with light industri�l. Mr. Minish said that the other side of the street developed light industrial. He was not sure this side of the street would not. Chairman Erickson said he tended to agree with Mr. Minish as far as Gh� posaibility of going commercial zoning without knowing what is gaing in thexe. The Commission might put themselves in the position of permitting access close to Highway No. 65 and create a traffic problem. They might be wiser holding back until such tim�^Sthe corner wants to go commercial so that we can get th� access away from Highway No. 65 and Osborne Road, otherwise the Commissiot� �ould force themselves into a position where they would have to give access. Mr. Zeglen felt if you have the area zoned comffiercial, aad when sotnebody comes in and wants to buy, a decision will not have to be made o� zoning to commercial. The land is ready to go. Mr. Qureshi added that about five years ago, Mr. Astleford put in sewer and water, hoping to move the property, but could not. Mr. Rother asked that, if in the event the rezoning is not approved, and � . the land rem�ins light industrial then, as an owner, would they be able to se11 to .anyone they wished subject to a plat? � Plannin� Commission Meetin� - November 17, 1971 PaRe 6� MOTION by Zeglen, seconded by Fitzpatrick, in view of the changes i� zoning �` and traffic alonq Highway No. 65, the Planning Commission recommends �����v�1 of the rezoning request, ZOA #71�09, by Castle Mobile Homes, Inc. of the We��erly 600 feet.of the Nor�herly ?50 feet of the NE� of the NW1� of Section 12` �Q be • rezoned from M-I (light industrial areas) to C-2S (genez�al shopping ar�a�). � Upon a vo�ce vote, Zeglen, Fitzpatrick voting aye and Minish, �rickson, �'�hmedeke v+�ting nay, the MOTION FAILED. � �� 1�IOTION by Minish, seconded by Schmedeke, that the Plastninq Comm,i�r�ie��7 recom- iaend denial to the City Council of the rezoning request, ZOA 1i7.�-09, by Castle Mab3Ze Somes, Inc. of the WesterZy 600 feet ot` the North�rly 750 feet caf ti�e N� o� the NW� pf Section 12 to be rezoned from M-1 (Zight industr3al areas) '�o C-2S (generaZ shopping areas). Upon a voiae vote, Minish, Sehmedeke, F��ckson vot3ng aye and Fitzpatrick, Zeglen voting nay, the motion caxried. At this point, in light of the vote on the rezoning request Mx. 1Kinis�h said, the Special Use Permit is a moot question. If Council does not agree with the denial of the rezoning by the Planning Commission, the Special Use Permit should be referred back to the Planning Commission for recommendation. 1(CONTINUED FROM PAGE 1): PUBLIC HEARING: REZONING MRS. LLOYD MURPHY: Addition to rezone putting course. The Westerly Half of Lot 18, Bloc from C-1S to C-2 (general business �4uEST, zoa ��i-io,; l, Spring Valley ' areas) £or a amall � Chairman Erickson said, that because of a conflict. of interest, he would aot vote on this item. The petitioner had not appea�red. MOTION by Zeglen, seconded by Schmedeke, that the PZann�ng Commissfpn ta.ble untiZ the Decembez 8, 1971 meeting the rezoning request, ZOA #71-10, by M�'s. Lloyd Murphy to rezone the WesterZy HaZf of Lot 18, BZock 1, Spring Va11e� Addition from C-1S to C-Z (general business areas) for a sma11 golf putting course. Upon a voice vote, a11 voting aye, the motion carr.ied unanimouslye 5. CONFIRM PUBLIC HEARING DATE CiF DECEMBER 8, 1971; Request fpX a Spp���J. Use Permit, SP 4�71-15, by Curt R. Swarison for a park�.ng lot on parG of Lots 18 and 19, Auditor's Subdivision 4�129. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commis��q1� confirm the public hearing date of December 8, 1971 for the request of ,� �pecial Use Permit, SP #71-15, by Curtis R. Swanson for a parking^ 1ot on part qP �,o�s 18 and .I9, Auditor's Subdivision #129. Upon a voice vote, a11 voting ay�� '�he motio,n carried unanimously. 6. CONFIRM Pi,�I,IC HEARING DATE OF DECEMBER 8� 1971: Request for a Speci.�l Use Permit, SP ��7�.-16, Everett F. Utter far a second a�cessory sto�a�a building �n Lct 6, Block 2, Moore Lake Hills Addition. MOTION by MinisFj, seconded b� Fitzpatrick, that the pZanni�ag Comm.�$�,�p� cpn- firm the pui�lic hearing date of D�cember 8, 1971 for the reques� of �3 �p����,1 Use Permit, SP #71-16, by Everett F. Utter for a second accessory s�orage �iu�(,�r���aq on Lot 6, BZock 2, lyoore Lake HiZ1s Addition. U,pon a voa�ee vot4, a11 VAt�1��' aye, the motion ca�ried unanimously. i"�` Planning Commission Meeting - November 17, 1971 Page 7 7. COMPR�HENSIVE PLAN FOR CITY OF FRIDLEY: Referring to the booklets distributed earlier in the meeting, Mr. Quxeehi noted that certain areas are outlined where he felt he would like the Planning Commission to give a closer look. Chairman Erickson asked if, when their review was complete, �o�ld ttae compresensive plan be aimilar to the one presented tonight. Mr. Qureshi answeresl "yes", the layout would be basically the same, but the content would �e �����a��a�t on the recommendations of the Planning Commission. Mr. Qureshi continued in order to make application for �Federal or State �d they require a comprehenaive p1an. This is not a rezoni.ng map, merely a guide. A petitioner would atill have to come before the Planniag Commiseiot� snd Council to rezone. We want the Planning Comm�.��ioxa �� �k� ��a�a��e� in the presented p1�n - later we will have detailed glans. Th�� fs ovegailo Then if you have time, we would work with you and take area by area and make � closer study. Whea the Planning Commi.ssion has completed the study, they can reco��mmd to Council and Council can adopt by simple �eso�.�attiona �� g�n� �b�aa�.�a� �o�����n wished to hold a public hearing before pre�e�a�in� �h�ir �ec��wend�tion to Couacily they can do so. When Council receives the recomffie�cl�tion, if th�gr �dop� it without changes another public hearing is not aaece����9 bu� �� gh�r� ��� ch����s, Council will hold a public hearing. The study will tsecome ��uiding tool f�x both the Planning Co�nisaion and the Council. Tt must be ua���r��ood bgr tta� � citizens that thia is in no way a zoning map. He felt three o� i��u� ��sath� would be a realistic time for the completion of Che study. Mr. Qureshi then went through the Proposed Comprehenaive Plan �ection by section stating goals and objectives. Chairman Erickson said the report was very good and th� Planatiaa� �epagGtneat did a great ,� ob . Mr. Qureshi again stressed the point that the City must be careful �hat the citizens will not think the City is adopting a new zoning plan. . Chairman Erickson suggested that at the first meeting �n January the �tudy should begin. Mr. Qureshi.said that we are looking for a plan which wi11 be of hs�,p fvr the future development of Fridley. Certain areas could be xeviewed furthe� and some adjustment made. 8. GUIDE LINES FOR LOTS SUBSTANDARD IN SIZE: Mr. Qureshi said that Council has requested recommendatlons regardir�$ th� disposition of lots wh�ch are substandard in size. A gentleman came befoxe Council and asked what the City is doing about it. If the Planning Commisaion had sgm� time, this is quite urgent, the Council would apprec�ate their vieWS. � In thc Plymquth Addition there are 40 foot vacant lots and max�y lots are �o�.n$ Planning Commission Meeting - November 17, 1971 Pa�e 8 /,,,� tax forfeit. The gentleman has an option oa some of these 1ots. Most of the lots � are corner lots. Basically 90! of the lots in Plymouth Additioa are 80 ¢��t or 75 feet with an area of about 10,000 square feet. The�e are �ome which ara k0 feet with an area of 5,200 square feet. Counc�l is looking for direction a� what you feel can be done with these lotso ��e�e are 2 cases the right of way is not being used. Half of the roadw�y would give them a lot 68 or 70 fe�� wide. Sewer lines are in the streets so the owner could not build on the sewer 1�nee. The decision the Commission has to make is whether or not we should allow theae lots to be built or let go ta�c forfeit and be picked up by the City. i� � Chairman Erickson said the Commission would figure some way to let the owners build with the kind of house that would fit the lot or have the City pick up the lot and maintain it. The problem with the City maintaining it, they would forfeit the taxes and specials. The area in the Plymouth Addition is zoned R-1. He asked that copies of the Plymouth Addition showing the position of the tax forfeit lots be mailed to the Planning Commis�ion. ADJOURNMENT: There being no further business, Chairman 7Ericic�on ad�ourned the meeting at 10:40 P.M. Re�s�ectful y�bffi ted � � �' R j �B.Z��. 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