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PL 08/09/1972 - 31118,� '� .� PL�iING CONlMISSION MEETING CITY OF FRIDLEY AUGUST 9, 1972 , PAGE 1 CALL TO ORDER: The meeting was called to order by Cha3rman Erickson at 8:00 P.M. ROLL CALL• Members Present: Minish, Members Absent: None Others Present: Darrel Zeglen, Erickson, Fitzpatrick, Schmedeke. Clark, Engineering Assistant APPROVE PLANNING COrIlKISSION 1�NUTES: J�LY 19, 1972 MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission approve the Planning Corr¢nission minutes of Ju1y Z9, Z972. Upon a voice vote, aZZ voting aye, the motion carried unanirnously. ' RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCONIMITTEE MINUTES: JULY 13 1972 MOTION by Zeg.Zen, seconded b� Minish, that the Planning Commission receive the rninutes of the Building Standards-Design ControZ Subcommittee meeting of Ju1y 13, 1972. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: JULY 25, 1972 MOTION by Minish, seconded by ZegZen, fhat the PZanning Co�r¢n.ission receive the minutes of the Board of Appeals meeting of JuZy 25, 1972. Upon a voice vote, a11 voting aye, the motion carried unani�usl�. RECEIVE PARRS & RECREATION COMMISSION MINUTES: JUNE 12, 1972 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission receive the minutes of the Parks & Recreation Commission meeting of June 12, .Z972. Upon a, voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION MINUTES: JULY 24, 1972 MOTION by Fitzpatrick, s�econded by Schmedeke, that the Planning Cammissior� receive the minutes of the Parks & Recreation Commi.ssion meeting of July 2�?, 1972. Upon a voice vote, a11 voting aye, the motion carried unanimously. l. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP ��72-12, BY BLAINE • CONSTRUCTION, INC.: To build a home �or the handicapped on Lot 16, Revised Auditor's Subdivision �1�10 per City Code 45.051, 3F. Representing the petition: Chester R. Tollefson, Blaine Edmundson, John Gemperle. �� Planning Commission Meeting - August 9, 1972 Page 2 MOTION by Fitzpatrick, seconded by 5chmedeke, that the P.lanning Commission � waive the reading of the public hearing notice for the�Special Use Permit, SP , #72-12, by Blaine Construction Inc. Upon a voice vote, all voting aye, the motion � carried unanimously. �. Mr. Blaine Edmundson stated the petitioners would like to build a dwel- ling for the handicapped. They will be people that work at�Rise, Inc. (8406 N.E. Sunset Road), and perhaps some at Onan's. They would need a place to live. An adult couple will operate the home and raill see that the housekeeping is done. It is proposed to have six men and six women. They will have separate areas, divided by the day room, the dining room with the living room in the center. This is meant to be tlieir home and is a new concept. There are three such homes operating in Victoria, Minnesota and others around the state. � Mr. Tollefson explained that he has lived in Anoka County since 1967. He has a retarded son. For fourteen years Mr. Tollefson has been actively work- ing for the mentally handicapped. There is an activity center equipped in . Anoka County, one in Fridley. There is Rise, Inc. in Spring Lake Park. This is a workshop for the handicapped where they can report to for employment. They can't get a job such as you and I, but they can for things they can do, under supervision. There is a Day Care Center near Rice Creek School. When these handicapped people become employed they, too, want to become self-inde- pendent, pursue human dignity and would lilce to get an apartment,.but cannot sustain themselves doing their own cooking needing supervision in this as well as work. The result of this is that there is a need for this kind of home. This project could probably house twelve handicapped people -- it could be a mixed group. There would be two to a bedroom. The home would be opera�Ced by an adult couple. They would be the caretak�rs and supervisors. These people do not drive a car so there would not be additional traffic. One of the reasons for starting up on Central Avenue is because there is'a bus line there. Being handicapped, they do not tend to run arouud t�ie neighborhood. Chairman Erickson asked what type of handicapped were they referring to. Mr. Tollefson answered they will be retarded but not retarded to such a degree that they are not able to perform at work. They are able to get on and off a bus by themselves. . ' Mr. Tollefson continued that there were rules and regulations laid �.own bq.the State Department of Vocational Rehabilitation on August 30th for such a facility. These rules are in line with the State regulations. Anoka County Department of Welfare has three or four people they could put in a olace as this right now. Chairman Erickson asked who would own the building. � Mr. Tollefson answered it would be a non-profit corporation. It was not fully decided.as to what route they could take, but no doubt it would be a private organization. Mr. Blaine Edmundson said that as a builder, he would be building it and � have an interest in the property. At this point, Mr. Tollefson and himself.. would be the owners. ��.anti�g Co�tun�.s�sion Meeting, - August 99 197'? �$,�� � �. P �. PP�� � "'� � 1`�x. Tolle�son said that he was on the Board of Ai�'ecGors fp� �.$��, �F��} M�. Min�sh asked abaut the density. Mr. Clark sa��d ttaat tt�e�� w�� 39�QQ0 sqt��7�e feet and would take about a 12 unit ap�xtmet�t bui�.��.x�g i� �qr�e� R- 3. �he �neet�.ng was then opened to the public. Ct�r�.stopher Aasland, 1330 69th Avenue: I�� said he w�5 �old �h� bq�.�,�$�,� *d��}�� b� 35 fee� from the Soulth line on 69th Avenue. �'he p���i� k��t�.l��,t��� �.� ���� ��pck al� the way down are offset appro�mately 7S €e�� f��� ��� ���'e�t �.�,��. Th�s one buildin� would be different from all the rest. pf �g�t��e �.� w�� �pt by �ny stXetct� q� imagination a one fami.ly dwellin,� whi�h �h� ��$� t�� ' ��}� l�p���� ��� ���� yo� �e� to the Caunty line. F�pm whe�e �� liq�s, �.� 1�� � �,���� �o��. out �v�� �his �pt, what he would be able �ct see �s pne side of G�� ��i�ding practi cally covexing the whole view of the 1pt • Mr. Wid��.t�sk� w�.�.l �}�v� l��s view cpm��.�tel� blocked to the North and W�st if �.h�� l�u��.di�g is ��� ��� W$C� C�� ��L�e of t�� proposed building, �h�re w�i� be just �a���y e�ou��} �q�x{t gor a d��veway between the building and the East line o€ the lo�, Wk'►er� a�� th� autos going to park? � car. M�. Tollefson said the caretakex would be the 9nly one who wou�d h�t�g Mr. Aa$land then said this request really �tnqunts ta a six b�dxoom hotp�. /� �� W?.dzinski, 132Q 69th Avenue: He asked if these peopj.e wau�.d b� s��s to b� th��� pei$hbors? W�.th twelve people and just one care��}l�er, ar�d if �,t��X ��v� �o �� u,nder supervision, would it be safe? Mr. Tollefson said he personally could say they would be as safe w�th Khem as w�.th any normal people. Because the retardatio� is to a�ieg�K�e that zhey can't �ook their own meal, write or read a recipe, they cert�inly a�e n�� xa.bble �o�ts�r�. He w.ished the people would gp up and t�ke a 1pQk a� t�ese R�QR1�3 wq�king at Rise. It is working really beautiful. It i� a g9�?� thi�n� fo� these people. 1�. Fit�patrick asked who determines who would live the�'e -- the owners, c�per�tors or Anoka County Welfare? Mr. Tollefson said that it would be under approval of th� A�Qka �q�n�y �l��fare Board. �. �itzpat7�ick asked if $ family could place a member of th� f�.mily there, T}�� reply w�s they would have to go through a scx�e�Ain� bQard at �h� Cott�ty. Mx. Minish commented that this type of request would come unc�er �iv�si.o& o� St�te Loans Aid and connected with the Department of Welfare. He �aas wonder- ^ �ng w�}�t happens to the structure if the loans were not �enewed or �Cevoked ����g � buiidin� placed �n a neighborhood fo� one purpose and co��d no� be �}�ed ��� aii�'�her? Plarini.n�Conunission Meetin�___ Augu�;t_9�19?'? Aa,�e 4 - � T--Tr ,� Phi�lip 0'Lou�hlir., 53�7 Qitura to the South. This s��ea is R; 1���! th,::v The homes are all R-: anc: th:, .;<�lity give. He was opposed to thz r��:.�st. Road: He explained th,at he o�ed j�he �o� ��el the progerty should s�ay �-1. i.� to have more pepple t�ap R� 2 woul,� Mr. John Gemperle, 4213 Niain Street, Columbia Heights: Referring tp the �tatement whether or not thz people in the neighborhood would be safe, ��'. Gemperle aske�i if any of the people personally knew a menta�lly reta�rded m�r� ��' wp�an. A man 20 to 30 years would have the actions o� a 10 or 12 yea�' o�,�i� Tt�i� shquld give �n idea of how much danger t�ere would be and probably tl��? b�s� w�y qf explaining it. They would be just as docile to the house pax�enGs �s Ch�� w�1��� be to their own parents. We have in Anoka County so�e 9QQ �e�t�l�y �s���d��e �Qut 400 oz S00 of these people are around 25 years old �,nd �hey wou�d b� a��F1�Fan�� for a place like this. Also there ar� 8p residents i.n Cam}�ridge, �iQ ��� �ver �1 ygars and some come from out of the Sta�� an5� l�ve �n Lhese ��,ci1�L�i��. He has a boy in Cambridge, and if there had b��n � g�ac� 1$k� �.�e R�e being p�oposed this evening, his boy would Aqt be in (��mbri�lg�. �ie W+R��4� ��v� � hom� atmosphere such as this facility would provide. Mr. Tollefson said this again would come under welfare until a pgrso�� i�' he l��s a job, would give a certain part of what he makes towaXC�s l�is �e��= The (�ppn�y has figures to show that it is cheaper to support him in a fac�,�i��► li�.e �his than in an institution. It would be taking l�im out of khe �ns�i�u� ��or� �s� back into the community. . Mr. Aasland wondered if the adult couple would be able �4 keep � str�a� � �up�rv:�sion over th� twelve °'children" from getting out of the hous� �.�d out q� ���h .�v�nt�e or Cen�ral Avenue. Then he said he assu�qed they were bui�d�.r�� i� ��r �f�of��, H� asked if they were going to sell it to someone af�ez the l,�ouse w� b�i.lt, �io doubt the buyer would be a profit making corporation. In QGh�� WR�gds it �s a business proposition, pure and simple. � Mr. Tollefson commented that as far as the retard�d getting out in the st�e�ts, ha k�as a retarded boy who is now 17 years. H� is in a spe�ial c�ass in the A�ak� Sc�iool system. They did not have any problem with him at home �bout gett�ng out in the street. With a little supervision, just like a parent Would give, he did not think Mr. Aasland would have any problem. Duri�g the d�y they would be wherever they were employed. His boy has always got alo�g with the ne:�ghbor children. This child has never been a problem to them, �he ���.�hbors or anybody else. Mr. Blaine Edmundson gave a few comments on the buildit�g. He said they were trying to design the structure to make it look like a home. It would be bigger than the average home. There would be a tuck-under garage for the ca�etaker �n order not to add another building. They would be willing to meet whatever ��quirements the Council and Planning Commission suggest. Regarding setbacks, Mr. Fitzpatrick aslced if all of the other homes a�e setback as,much as 70 feet, would it be possible for them to meet that? Mr. Edmundson said the structure could be set back a little further, but n they would like to have a little picnic area for the residents. The space out �o the street is not doing any good, but the backyard might. The building h�s been designed with hall.ways and doors wide enough for wheelchairs. They fel� the driveway should be on the East side. P�ari�i�g Commissio� Meeting - A�u�t 9, 197Z �age � � *----� r-- �.-. -�+r-,.-=,-,v. �;� 1Kr. Aasland said that he still objected ve�y stre�uously. �'}�� �eig,��p�s pn �he East and South object. Mr. Edmundson said that he would like to go back a�.�ttle i� th� t��story of t�e lot. The corner i_s zoned residential. The owner, Mrs. Anderspn, is s���ing i� �he audie�cg this evening. She lived there until 1965 when �}�e �o�{�a�io took the home. Then they moved to Coon Rapids . Since then tl�ey h�ve �e¢n suppo�ting the home in Coon Rapids, plus paying taxes and a�ssesrments of �53� pe� year on this lot. This has not been a saleable res�.d�ntial lot. Wo�}�.d yqt� p���onally consider building a residence on that corner wi�� O�an's a�}d �[ed�ro�ics across the street? He was pretty certain commercial wi.11 contin�� o� G+�ntral �,venue. Does she have to wait for 20 to 25 year� unt�l thes� hc��se� a�� �lisposed? She had it sold for two duplexes last year and the �equest �Q� x��oning was rejected. This is the first opportunity si�:c� then. He had a bt�ye� �gw who would put �n a 12 unit apartment pn th�s j,qt, bu� they feel �he n��s� fQr tt��s b�til���g is v�ry great. The location is g�ad, the st�uctu�'e wQ{��.d lop�. mo�re like a hop�e and fit into the neighborhood better. The�'e is also a real severe need for Mrs. Anderson �o d�sppse of ���$ lo�, With bus�n�ss and txaffic on the corner, it is not a des�r�ble re�id��ti�l lot. Mr. 0'Loughlin said tie thought the Planning Com�i.ss�on ha� done ��r�t�� �oqd job �x� that area. If you look at these factories, they ��C� nice �oo�.�.�tg pl�ces. The groµnd around them is very open and th�y �,z'e f�r away fro�n t}�� ��i��d��3ti�1 area. Iie �elt the lot should stay R-1. The people who are buyi�ig � qn� of th�iX lots a�e �utting up R-1. MOTION by F�tzpatrick, seconded by Zeglen, that the Planning Commission close the Public Hearing of the request for a SpeciaZ Use Permit, 5P #72-12, by Blaine Construction In�.to bvild a home for the handicapped on .T�ot 16, .�evised Auditor's Subdivision #10. Upon a voice vote, aZ1 voting aye, the motic� carried unanimously. Chairman Erickson said he would like to see such an operation. Mr. Tollefson said there is a�arge facili�y in St. Paul o� East Seventh Street near the 3M Company, having about 100 units. There is one similar to the �l�n they are submitting in Victoria, �finnesota. Mr. Gemperle said that in Gam�rcidge on the State grounds ��a�r the tpWg �here are two facilities, each one housing 12 residents. There �re six bp�� a}�d �i� women in each one. They have freedom to go and come, and are no� t�e type to run away. This would give you an idea of the phys�cal plan. Mr. Tollefson said that the couple who runs the pl�ac� has to leave �o do shopping. When they take a vacaf�ion, another couple replaces Chem. Mr. Gemperle said these residents would be capable of taking care of themselves. � Chairman Erickson asked who in the County is responsible �or t�is typs of �a�ili�y. � � � � � Plannu�.� Commi_�sion Meecing - A,�g,�: .t__"�.__�.�°�` � ---- Ya�e 6_._, Mr. Tollefson answered G��orge �teiner, Harold McClure, Mike 0'Bannon and A1 Ko�rdiak. Mr. Schmedeke said he c,,:.s ,nrt that there is a need for this type pf facility and he sym��athized wi � h t.•��s�: �eol le. Eie was not sure if �his w�s �l�e proper set�ing. If there were moxe re�idei.ts in the area, the Comm.ssion p�robably would have heard some �bjections from them. He asked where the building in Victoria was located. The answer was that it was on ehe Southeast edge of Victoria. An ap�xtipent bui l�iing was 300 f eet away . Mr. Gemperle said t.hat ar ?6th Street aad Fremont Avenue Soµth an ol�e� k�qme was taken over by the Miniiea��olis Association for Retarded Children. Th� s��e type of inen and women live there as the kind they wou�� like to have in Fri�iley. MOTION by Schmedeke, seconded by Zeglen, that the PZanning Corr¢niss�on continue for a period of two weeks the request for a Special ITse Permit, S.� #72-12, by Blaine Construction Inc. to build a t�ome for the handicapped on Lot 16, Revised Auditor's 5ubdivisior, #10. Upon a voice vote, a11 voting aye, the lnp�ion oarried unanimously. 2. PUBLIC HEARING: RE�ONING RE L'�EST' ZUA Id72-09, CHARLES JORDAN (CHUCK'S G�TI.F' STATION : Rezone East 125 feet of Lot 18, Block 2, Central Vi�w Manor fxq� C�1 (lpcal business) to C-2 (gener:�l business). Present for the request: Chuck Jordan, Chuck Beck, Clifford J. T�o�, MOTIDN by Schmedeke, seconded by Fitzpatrick, that the Planning CommisSion wa�ive the reading of the Public Hearing Notice for the Rezoning request, ZOA ��2-D9, by CharZes Jordan to rezone the East 125 feet of Lot 18, B1ock 2, C��tra1 View Manor from C-1 to C-2. Upon a voice vote, a11 voting aye, the mc�tioz� c�r�ried unanimously. Mr. Clark said that this lot is zoned C-1 which category does not permit � service station, nor does it pertain to U-Haul rentals. The rez_>ninp request is #or thg entire parcel. The area of the lot is 20,125 square feet. � MOTION by Schmedeke, seconded by Minish, that the �Planning Corr¢nission �lo�e the Public Hearinq of the Rezoning Reqaest, ZOA #72-09, by Charles Jordan. Upon a voice vote, a11 voting aye, the motion carried unanimously. MOTION by Minish, seconded by Fitzpatrick, that the PZanning Commission rgco�nend approval to Council of the Rezaning Request, ZOA #72-09, by Charles Jord�n to rezone from C-1 (Zocal business areas) to C-2 (general business a.reas) t�e East 125 feet of Lot I8, Block 2, Centra.Z view Manor. Upon a voice vo��, a11 voting aye, the motion carried unanim�?vs1y. � Planning Commission Meetin� �A�ust 9, 1�72 Page 7 — -�, � 3. PUBLIC HEARING: P.EQUEST FOR A SPEr_IAL USE PERMITy SP 4�72-19 L CHARLES JORDAN: Continuc Service sr,ttion 3nd permit addition of U-�Iaµl rentals or� Eas�. 125 feet of I,ot 18, Block 2, Cent�al View Manor per Code Section 45.101, Section R, 3,E. MOTION b_y .�ini.>h, seconded by F'i�z�iatrick, that the Planning Commissio� waive the reading vf t.'�e Public Nearing ::F a req?:est for a Special Use Permi�, SP #72-10, by Charles Jordan. Upon a voice vote, a11 voting aye, the motion ca�ried unanimously. Mr. Clark gave the following history: Chuck Jordan operated a Gulf ��ation on 73rd Avenue and Highway 1�65. At tha� plac� he had tl}� U-Haul. I}� Novgml�er of last year he moved to 73rd Avenue and Central Ave�}ue a�d toqk w��k} l�im �he U-Haul rental. He was told to make a request �or a Sp�cia.� Use Perm�� a� that time which he did. In the meantime, Mr. Thoe requestec� a lot �plit �nd i1t took from Januaxy to the last meeting in July before the lp� split was wi��� ��awn. The U-Haul permit was not processed because the lot sp�it wpuld a���ct �he size of the lot. Then he requested rezoning heard thi� evening. Chairman Erickson asked the date of the request for the Special Use P��nit. The date was November 1, 1971. Mr. �itzpatrick asked how many locations the City has for U-Hau1 ��nt�,ls, Mr. Clark said there is one that has been granted on Osborne Road and East River Road which is not being used. Up until a month ago, thexe was a � Ryder Truck Rental on Highway ��65 �nd 61st Avenue at the Texaco station. Tk�ere used to be a U-Haul at Sinclair. In other words, Mr. Fitzpatrick said, we do not have any trailer rentals in the City of Fridley only on the location where it is going now. Ghairman Erickson asked what improvements did Mr. Jordan �lan on making �� the station. Mr. Jordan said that the way he understands it, there have been quite � f�w stations that have changed hands. The reason he wanted U-Haul was that the rentals amounted to 25% of the gross profit. He thought a gas station and U-Haul go hand in hand with all the apartments in Fridley. It is tough to make jus� a service station go. Mr.. Jordan continued that when the Edison Homes moved, he u��d ni�e trucks to move them to Florida. Mr. Chuck Beck from U-Haul said that the st3tion on East River Road which had been granted a permit for U-Hau1 changed operators and the new operator does not wa�t U-Hauls. Chairman Erickson said he thought Mr. Jordan's station would be a good place for a L'-Haul and he would also like to have the place improved. � Mr. Jordan said so far he has put in new pumps, new lights, took down �he sign and put up a 6 foot vertical redwood fence on the fxont part of tt}g building. � � P�a�n�n� Commission Meetin� Augusr 9, �972 ��a�e $ e,s, , Mr. Nielson, a c�tizen, said that Mr. Jorclan is a spqnsor of youth foot- b���.� He �as never turned them down when they use a truck for �'und raisinp, and �ev�r c�arged. He helps the City of Fridley and football. M03'ION by Zeglen, seconded by Schmedeke, that the Planning Commission ��jose the Public Hearing of the Special Use Permit, SP #72-10, bg Charles Jords�r� to continue a service station and permit the addition of U-Hau1 rentals or} the East 125 feet of Lot 18, B1ock 2, Central View Manor per Code Section 45.101, B, 3-E. Upon a voice vote, a11 voting aye, the motion carried vnanimously. MI'• Clark said he had discussed the request with Mr. Qureshi, who ques- tiop�td whether the site is big enough for the house, service stak�.on and U-H�u7.. Mr.' Minish said he had a hard time t�ying to differentiat� th�.s re��p�st � �nd othes Uses for service stations. Could a car rental agency a�.so ask �qx �n agency �or camper rentals? He did not know where you would draw the l��e if these Uses are granted for service stations. Mr. Clark said the service station �t 39th Avenue and East River �p�d ha+d camper rentals. Mr. Schmedeke concurred with Mr. Mi.nish. The Commiss�on did reject a �ental on 39th Avenue and East 12iver Road because he x�equeste'd a Special �Jse �e�'tnit �or travel trailers. There are at least one or two other �qmpanies b�&i�es U-Aaul that rent these. If U-Haul is allowed, other companies will cqme in. Another theught is that the site is s.mall, as it is an o�.d service s�ation site. He continued that the owner is here and he sympathized a�id wquld lik� �o �elp him. The only thing going for him is that the $zatiort is not on a p►$i� thoro�ghfare. He would like to study this request a little more. Mr. Jordan said he would have four trailers and a truc�C that would be a,�lermanent truck for local use. They would be on the Nqrth a{�d West side o$ tjle statipn and neither on� visible �rom Central Avenue. Mr. �itzpatrick said that he agreed with many of these object�.ons. He woµld like to state again he does believe we have an obligation to prov�de a service of this kind to the citizens. He was not sure at what level or how many permit$, but the Com�ission was under obligation to prov�de � sQ�vice of gh�is kind in a�ity of �0,000. Mr. Minish said he did not disagree with making this type of service available, but he would like to see this type of business handled by U-Haul themselves. 'The point is that U-Haul is leasing their busir.ess to a local man w}�o payes the taxes in Fridley while U-Haul are benefitting. Tl�is was the way h� felt about it. ' Mr. Chuck Beck said he thoµght U-Haul was giving the small business man a chance to make a living too. He has been to the Planning Commission and Council for five different locations and only one was approvzd. n �'Ir. Schmedeke said he felt U-Haul should come in and o�erate as a se�arate b��iness. Pl�nning Commission Meeting - August 9, 1a�2 �a�� 9 ^ MOTION by Fitzpagrick, seconded by Zeglen, that the Pla�nin� Cor�nissio� co� tinue unti� August 23, I9?2 the request for a Special Use Permit, 5P �72-�0, by Charles Jordan. Upon a voice vote, �11 voting aye, the motion c�rri�d un�.pi mo usl y . R.O�ERT L. MCGREGOR. �ection 13. North 824.7 feet of the i�$� of th� o� �he N�y s�� M�. �ed �. DeZurik represented Mr. Robert McG�egor who wa� out Q� 1�owi�, MOT.�ON by Zeglen, seconded by F�.tzpatrick, tha� the Pla�2�ii�►g Cc�mtni$y��,� waive the reading o.� the Public Hearing Notice for the P�p�os�d ���e1�rq.�}�rr� .�.j��, P.S. #72-03, �'imber Ridge, by Robert McGZ���qr. U,�o.t7 s� vQ�ce vca��, a1,� vp�,i�g a��, the motion carried unanimously. Mr. DeZurik presented the revised plan showing the chanS�s i.n �l�e p��ceme�t of the buildings to the South. He pointed out that tt�e $�ra��� �il� j�e o� a common lot and in an open space. M:�. Gj.aXk stated that the plat was dictated by the plan. Ti}e 88Q �on�bur will be an Outlpt and deeded to th� Ci�y. l�x. McG�egor �lso �greed �p giv� t�� City $500 for � walkway for a wood chip path. This was oz�a of t�e �o��itiQt�s of the preliminary plan. ^ I�r. Fitzpatrick asked Mr. Clark �f the change was ther� i�n the direct�Qn , g� th� Gommission's request and Mr. Clark anst,aaered "yes". 1�rT Cl.ar�C said 1��. McGregor will be hooking o� to ��.in� C1}at �,�� ��� �t� �y a private develop�r, The City can't $rant pe�miss�an. The permi�siot� m�ust come from �he private developer. The pipes runl dowr� � dedicated str�et. ' �hg �it� has not taken over the utility or street and it is not ou� line u�ti�. �.� is ta�Cen over. The .�ines are plenty large -- a typical 8" sewex �.in�e and �a�ter �.a��es atxe 6" • . Mr. Clark called atCention to Unit No. 34. It looks like it �� go�ng � J down the slope. Precautions should be taken so that it would not destroy the ! glope. ; Mr.� DeZurik said they would definitely take precautions to keeP th,at frqm happening. Mr. Clark continued that a hydrant will be installed for the pond. They will be pumping tQ }ceep the water from being stagnant and also that the wate7� wan't seep into the ground. The only wate� that will dra�n into the pond is the �reen areas. Leslie Tikkanen, 1400 69th Avenue: He s�id tha� he lived two block� ov�7� to the East. He wondered if the walkway would be at the bottom of the hi�j.. Mr. Clark answered that the walking paths will probably go from pne ^ ���e pf the creek to another and near the bottom. �:lark. ��� Preliminary P1at used this evening was m�rlsed and dated by Da���l Planning Commission Meet�_- Au�u�r 9, 1972 Pag�e lq ^ MOTION by Minish, st��,.�_,�i�.9 by 7���:!. n, t.hat the Planning Commission r�lose the Public Hearing of the Fr�-�:�. :��� �rc��n�iriary ['lat, P.S. #72-03, Timber Ridge by Robe.�� McGregor. Upon a vozce vott•, a11 voting aye, the motion carried unani�nous 1 y . Comment was made about using gutters on the houses and Mr. DeZur�.k sa�.� tha�. unless it was absolutely necessary, Mr. McGregor does not intend �tsin� gutters because he felt they added very little to the aesthetics. If possible they would prefer not to have gutters in the stipulation, but have the wo�rd�.�$ in such a way that thcy would be open to other alternates. That wo�ld �� �app�eciated. M�. Clark stated that the Association By-Laws will have to be app�'gv�c� by the City Attorney. He believed there should be a statement wheXeby tt�� p�titioner does recognize there could be an erosion problem with Un�.ts 33, 34 ax�d �5 wiKh drainage ar�d grading, and the building permits npte it the�eon. This �nay o� may not be taken care of in the By-Laws of the Associa�$.q�. Mr. DeZurik said if the Home Gwners' Association should �ha��e ��� la�d in some, they wc�uld not want to be responsible. � MOTIO,�v ey Miri.is,h, seconded by Schmedeke, that the �lannir�g Cqnanission .�ecomrr�enqi ap�roval to Council of the Preliminary P1�t, P.5. #72-03, Ti�nber Ridye, by Robert L. McGregor being the North 824.7'of the West �u�.�te.� of �� Northeast Quarter of the Northeast Quazter of Section 14, and �hat the F.�NAL � �'�!N of the Townhouse Development be approved subject to showing on the p.Zat �j�e land dedicated to the City for park land, satisfactory a�rangement fo� �.ndem�ification ta the City in the event an erosion problem deve.�ops along tl�e bank, approval oi rhe By-Laws of the Association subject to study by the City Attorney, deposit with the administ_ration of $500 for park escrQw, acce�t- able drainage and grading on the bank improvement to retain soi1. Upon a voice vote, a11 votinq aye, the motion carried unanimously. �. LOT SPLIT REQUEST: L.S. �1�72-06 � MRS. MARION JdHNSON: Lot 1, Block �., l�oore Lake Highlands. To gain one additional building site. Representing the petition: Mrs. Marion Johnson and Mr. Dennis Collins. Mr. Schmedeke explained that the Plats & Subdivisions-Streets & Uti�.it��s Subcommittee met at 7:00 Y.M. this evening. They approved the lot split. Tl�e frqntage is ta be on Able Street, a 12 foot sidewalk easement is to be given q� the �lorth. The members of the Subcommittee had walked th� area. �h� homes to theaSouth are a smaller type; the home to the East is set back quite far. Mxs. Jqhnson'$ home sets back quite far also. The second home sets forward. WitY} t��s in mind, the Subcommittee approved the request becaus� the pxapo�ed hou$e will conform to the neighborhood. Mr. Clark said the size of the new lot would be 80'x100'. 'T1}e p�rsan who contemplates building will set his house back 35 feet from Mississippi. There will be a tuck-under garage with access 25 or 30 feet back from Mississi�pi n and access off Able Street. The rear yard would be 19 feet aud there would be �bo�}t 2Q feet between �he E�st side and East lot line. He was told he • would have to go for variances on the rear yard before he started to build. P1ann�.n.�Commission Meeting - August 9, 1972 Pa�e 11 _� r"� Mr. Schmedeke added that the neighbor, Mr. Paulson, was wri�ten a lett�r informing him of the lot split. He didn't answer or show up. Mrs. Johnson said that she spoke to him and he didn't object. ' 1 ' 1 Mr. Clark said the new house wculd set further away from Able Stre�t by 5 or 10 feet. The house will face Mississippi Street with the tuck-unc�er garage exiting on Able Street. Because the rear yard would be encroaching on the petitionex's house, there probably wouldn't be any object�.qns. MOTION by Schmedeke, seconded by Zeqle.�, that the Planning Commissio� recommend approval to the City Council of the Lot Sp1it Request, L.S. #7a-06, by /+irs. Marion Johnson of Lot 1, B1ock Z, Moore Lake Highlands subj��t to t,he frontaqe beinq on Ab1e Street, the lot to be a minimum of 80 feet, �.�2 fqq� sic�ewalk easement on the North 1ot line adjacent to M�ssissippi Street be dedicated, and driveway access to the Zot be from Able Street. Upon � voice vote, a11 voting aye, the motion carried unanim�usly. A�,TOURNMENT : There being no further business, Chairman Erickson adjourned th� meeting at 11:20 P.M. Res,pectfullly submitted ` �� � •, J ,- �a � � . . .t � ? .[ .xi.,y-•._. 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