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PL 04/18/1973 - 31150,''� � CITX OF FRIDLEY PLANNING COMMISSION MEETING APRIL 18, 1973 PAGE 1 CALI, TO OADER; Chairmaa Erickson called the meeting to order at 8;05 P,Mo ROLL CALL: Members �'rese�t: Erickson, Fitzpatrick, Minish, Zeglen, Harris Members Absent: Nane , Others Preaent: Darrel Clark, Community Aevelopment Administrator Jerrold �oardman, Planning Assistant APPROVE PLANNING CONIl�iISSION MINUTES: APRIL 4 1973 MOTION by riinish, seconded by Fitzpatrick, that the Planning Coaunissi.on minutes of April 4, 1973 be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. � REC�IV� PI,ATS & SUBDIVISIONS-STREETS & UTILIT�ES SUBGOMI�IITTEE MINUTES; MARCH 15, 1973 MOTION�by �itzpatrick, seconded by Zeglen, tha� the Planning Commission receive the Plats 6c Subdivisions-Streets b� Utilities Subcommiktee minutes. o� March 15, 1973, Upoa a voice vote, all voting aye, the moti.an�carried unani- wously. , . , , ;, RECEZV� BUILAING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: APRZL S 1973 MUTION by Fi.tzpatrick, seconded by Zeglen, that the Planning Commiss�.on receive th� $uilding Standards-Design Con�rol Subcommittee minutes of Ap�i.l 5, 1973. Upoa a voice vote, a11 voting aye, the motion carried unani�aously, RECEIV� BOARD OF APPEALS_ MINUTES: APRIL lOq �973 MOTION by Fitzpatri�k, seconded by Zeglen, that the PLannlag Co�ission r�ce�ve the 8oard af Appeals minutes of April 10, 1973. Upon a voice vote, a11 voting aye, the motion carried unanimously, 1. CONTINUEA; PUBT.IC �ARING: PROPOSED PLAT, P.S, ��73-02� INNSBRUCK � NOR�H TOWNHOUS�S PHASE I�' AND V BY AARREL A. F'ARR�pEVELQPMENT CORPO T For Phase IV and V�fox the townhouse area g�nerally locaCed One Quar� r Mil� �a�t o� Matterharn Drive aud Narth of InteX�tate Na. 694, bPing a �'epl�t oi Ot�t�ot H, Imzsbru�k Narth. � �. � bei.ng a r�plat ot Outlat H, Innsbruck North. Mx. Jim Landan was prPS�nt, Publ.ic I�eaxing �pen. IV AND V(118 UNIT TOtdNH0U5E ATTON: Generall.y located North o� Interstate No. 694, � �. � Plann�ng Commission Meeting - April 18, 1973 p$ge 2 Chairman Erickson said these items were continued some additional iafarmation which we have rece�ved in a also asked for th� total plan to be presented. because we requested separate packet. We Mr. $oardman showed the Planning Commission a drawing which included all five phasea as they are laid out aow. • �. Mr. $rickson eaid it was primarily a topography problem that made the ahanges n�cessary in Phase IV and V. Chairmaa Erickson sa�d that as he read through the minutes, it repeatedly atates that any parking problems for the recreation building should be solved in Phas� IZI. Mr. Boardman said Phase III was the quadraminium portion of the development. He said he wondered when it was stipulated, that the parking problems be solved in Phase IIIy if the Council and �lann3ng Cot�ission didn't tbimk that what ia now Phase IV would be Phase IIT. Mr. Clark said the xecreation building was considered by itself and 14 � stalls were provided on that plan. We did find where 6 stalls could be pxov�ded in Phase II on Meister Road by widening this xoad. Wh�n Mr, Qureshi m�ntioned at the Council meeting in November, that more'parking should be prav�ded, ther� was additional room in Phase IV and V before the plan was changed. Mr. Erickson said it looked like they could provide 20 or 3p stalls on the original plan. Mr. Minish said he was not clear OA what the proposa� was for parking spaces for the recreation building. Mr, London said the oxiginal proposal ahowed 14 parking stalls and with the six they were picking up along Meister Road, it would be a total of 20 stalls. Mr. Min�sh asked how many persons would b� �ligible to use the recreation building, Mr. London sa�d there were 276 townhouses. He said there wou�d be aA average o� 3 people to a townhouse. Mr. Minish said that would be about 80Q people. He asked what the farthest distance would be from the recreation buildin� aad what th� average distance would be, Mr, London thought the averag� distanc� would be about two blocks, and the farthesC distance would be about 1,000 feet. Mr, eiark said this is just a preliminaxy p�an, Mr. Qureshi would be back before fin�l plan approval was made and they would know by then how much parking he was looking for, Mx. Harria wondered how much thia recreatlon buildin� would be used in �he wintes time� Mr, Clark said there could b� autside peaple coming ia to uae the party rooms. ' Mr. Harrls asked how many people cauld use the recreatlan rvom a� on tims. Ms. Londan said he though� about 50. Mr. Harris sa�d if yau f�gur�d two p�ople to � c�x, �t would sound �ik� they were looking for about 2� I �'"� paxking apa�es� ar fiv� more than could be provided for now. Mr. �ondon ;,, said we cauid giek up �bouC 2Qp feet along Meister Road, Mr. 2egl�n thought 25 aCalls would be eaough, Mr. F�tzpatrick said he didn't th�nk the problem would be so much w�th the vwners of the tawnhouaea as thex� would be with �laAaing Commissiaa Meeting - April 18, 1973 ' �� 3 '� outside people com�ng in to use the party rooms. Chaixcnan Eri�kson said his major concern is that after this plan �s $ppraved, and thez� proves to be a need for additional parking, there is no place Ca pu� it, Mr. �ondon sa�d tha� in his original conversation w�th Mr. Qureshi, it was thpught zhat additional parking could be provided across the street from the recreation building. Mr. Clark said he didn't think Mr. Qureshi was awaxe pf the contour of the land at that time. Mr. London said parking could be provided there but it would be costly, and they would have to take out some large Oak trees. We can provide parallel parking along M�ister Raad aithout taking out trees, just�North of the recreation building. Mr. Clark said that if after a couple of years, there isn't enough parking, th� Association could make ropm for mo�e, hawever �t then would be their cost. Chairman Erickson said that because this is privaCe propexty, the Gity cpuldn't make them do it. Mr. Clark said the City has t�e authority to put up "no parking" signs for fire protection, and this could force them to prav�de additioaal parking. Mr. Har�is asked if the Fire Marshall determines how many pepple can use the reereation building. Mr, Clark said the code is in reference to�the amount of ex�ts, �here can be so may people in �he building per exit. He �� thought the occupant load would exceed 50. �� r. Minish said he would like to cla�ify something else that had beQn discussed two weeks ago. Mr. London said they were developing the area for �ingle fami�y homes and selling the 1ots. They are not bu�lding the homes, He � haught this was a change from the original propasal. �e said that in Che infvrma�ian they had received, there were several refer�nces made that the aingle �amily sites not be Left, and only the multiple part of the development be constructed. Mr. Clark said ther� have besn.several sin�i� family homes start�d. The single family home sites were divided into two pla�s, Ia Phase I there are 77 lots, There are 15 homes completed here, Fhas� II has been platted, aad the water and sewer conCracC will be �et in Ma�. Nix�. �ondon said 50� lots have been sold. Mr. �ricksoa said there was an agreement he thought we had, that the City would desl�nate some of the lots as unbuildable. Mr. Clark aaid the f�.n$1 a�sessment role has not been adopted. The City has the option o� • designating 15 lot� on which no speci.al asaessments would be placed, We are not sure whethsr we will follow this plan or assess �the lots on a sliding �cal�. ;�hey would start out with zero on the first 1ot and gradually add , as�esaments as the lots improved. Mr. Er�cksan �aid he did nc�t agree with this. He was in favor vf the 15 lots not having assessmente. Mr, C1ark sa�.d �here �a��ce pxas and �ons for both plans. Mr. London said i.t would be f�11 of � 1974 b�fore th�se �ots go on special ass�s5ments. Mr. Claxk said the water a�d s�wer assessme�ts aauld go on this fall on the ��.�s� p1at. Mr. F�tzpatrick ask'ed if it �ad be�n dstermined at the present time if any of the lots were ut�tNUildabl�. Mr. Clark said ther� were definitely 5 ax 6 lots that coul.dn't be bu�,lt an. �he epst of the assesaments on any of the�e 15 lots that were built an, wou�.d be absarbed by the othex lots, , Planning Cammisaion Meeeing - April 18, 1973 Page 4 � � Mr. Harri� asked if Phase IV and V were all towinhouses, Mr. Boardman �aid they were. He said the original plan stated there could be a maximum de�sity o� 8S0 units. The plan presented now ahows 7a7 units. Mr. Harris said they are unde� density in the whole development then. Mr. London said they had taken aut 2 units in Phases I aad II, dropp�d 4 in Phase III, and � ia Ph�aes IV aad V. • Mr. Clark said he had read over the agreement in the original rezoning request and a11 the stipulations have been met, Mr, William D�igans asked if the plan could be approved subject to a t�tudy being mad� periodically of the parking nseds, and if additional p.irking was ne�ded later, the parking could be add�d. Mr. Erickson said the problem �s that if the p�an is approved as presented, there would be no room for additional parking. �his is a private developmant, and the problems are their ow[i, except if the City has a problem getting �ire equipment into the area, then it's the City's problem, l+�iX, Ha�ris thought the Fire Marshall could designa�e fire lan�s if people parlc on streets chat aren't wide enough for on-street parking. Chairma� Ex�icicson aslced for a statement from Mr, Lpndan on why the originaj, plan wasn't followed, Mr. I,ondon.said the priginal plan was based pn aerial photographs wh�ch weren't too accurate, When they had a new tapogxaphy o� the area they came up with a plan that bstter suited the terrain. �� i '�`� MO�I01� by Zegl,en, seconded by FitzpatXick, that the P],anning Commisai.on close the �'ublic H�axing on the proposed Plat, p.S; ��73-02, by Darxel A. Faxr Dav+elopment Corgaration. Upon a voice vote, all vo�ing aye, the motion caxried uAaaimously, Mr. Darxe]. Clark said that at the Building Standaxds meeting of March 22, 1973, the Subcommitt�e made the stipulations that a�ot 1ot be prov�ded in Phase IV aad V and that evergreens be planted as a noise screen alang �. 694, Mr. �oardman said the planting o� ever�r�ens was ta be worked out with the Hi�itway D�partmeat and the developer, � Mr. Zeglen asked Mr. Loadon if anythiag had been worked aut wi.th the H�g�W�Y ��Pax��t yet, Mr, I,ondon said it had not. Mr. Zeglen said they �hould h�ing the pl�ntin$ proposal to the City Council. Mr. Fitzgatri.ck said if we cou�da't iind a placs to park a car, how will we find space far a tot lot. Mr. Boardman said there was a flat, open area eonnected to a waj.kwa�► where the tot ].ot could bs located, Mr, Clark sa�,d that �in r�viewing the recreational facilities, we are tryir►g to get a terinis court provided in Phase IV and V. There is spa�e £or � a couxt ia the South�ase corner. Mr. Fitzpatrick said if another tennis eourt could bs provided, i� wauld help in that ther� would be l�ss pressure put on th� City �o p�pyide add:�tional courts. Mr, Boa�rdman said the Townhouse A$sociatio; can control the tlme limit on the use of ths �ennis courts. blx. Clark said�this is somethin� we have ta•work out with the dev�loper ��s the area develops. Mx, �ri�kson aaked if th� dev�loper has agreed to this. Mr, Clark said we have a � , Plaani�g Commiss�o� Me.eting - April 18, 1973 Page S . letGer from Aarrel Farr in which he agrees to work with tt�a Planning Department to provlde additional recreational areas, This tennis court would not �nterfere with the townhouse dwellings a$ it would be across the atreet, behind the garages MO�ION by Minish, seconded by Zeglen, that Che Planning Commission recommend to CouRCil approval of proposed plat, P.S, ��73-02, Innsbruck North Townhouses Phase IV and V, and pr�liminary plan approval far Phase IV and V, for the townhouse area gensrally located one quarter mile East of Matterhorn Arive and North oi �n�erstate No. 694, being a replat of Outlat H, Innsbruck North, with the provision that as much parking space as can be provided on Meister Road for paxallel parking for 200 feet; the recommendation of the Bu�lding S�andards- Design Control Subcommittee for a tot lot to be located as shown on the plan, aad a planting screen for noise be_provided along T, 694, the evergreens being at least S feet high. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINiT�D; EXTENSION OF SPECTAL USE PERMIT, SP ��71-04, GREEN GIANT IiOME AND GAItD�N CENTER POOL CENTER; Located at 7622 University Avenue N.E. Mr. Jack Jones, Constructi.on Superintendent of the Engineering Depariment of Cxeen Giant, and Dave ltick, Manager of the Green Gian�t Garden Center, were present, � Chairman Erickson said we have asked for additi.onal infarmation on thi5 item a1so, Bui.iding Standards-Design Control Subcommittee has recouanended approval wikh �h� stipulations that a wood fence be constructed between Ghe main driveway and fihe service drive, that there�will be a chain link fence along the North and West boundaries with a green covering of some type, planted, � Green Giant �et a letter of approval and agre�ment from the St. Pau� Wa�er Works pepartment, and the old business shed be discaz�ed and not be moved to the n�w site. ' Mr. Fitzpatxiek'asked why there was a praperty line between the Gaxden Center aad the Poo1 Center. Mr. Rick said because they were ].easing the land �ar ths pool center. Mr. 2eglen sai�d Green Giattt wanted to slat the chain link fence but the Subco�ni.ttee felt they wanted thi� to be a screening fence with something growing on it �or a sc�een, such as ivy, Mr. Minish asked the petitioner if he expec�ed this to be an on-going opera�ion from yeax ta year. Mr. Jones said they did �s they have quite an investment. Mr. Mi.nish said that in going through the previous minutes and the action �aken, this �ad been approved on a temporar� intexim basis. H� said h� thought �his was what we were talking about. Mr. C}ark said w� are talking about two things; the pool center, and alsc► � new lan�d uss plan for the entize Garden Center, ;'1 Mr, Fitzp�txick asked the petitionex if he was aware that this Spe�ial � U�� Pe�mit waa aubject to annual renewal. Mr. .7ones aaid that he was, � � �� Planning Commisaiog Meetin� - April 18, 1973 • P�g� 6 Mr, Ciark said the reason this was an annual permit was because of i�s lacatipn, W� wanted to see how the business was conducted, Last year, I don�t reca�l that we ever had any reason tv discuss the way the business was canducted for the pools and we didn't receive any compl�int ca11s. Mx'. Minish �a�d they are asking for an extension of the Special Use Permit. Mr. Clark said that technically they were, but at �his time, they wexe a�kin$ that the extension not have a time limit, at least not an annual time limit. Mr. Fit�patriek said the first yeax there was a stipulation that everything be r�moved a� the end of the season. Mr. Clark said it was not removed. Mr. Fitzgatr�ck said w� are just trying to clarify how the permits have been made Xhe last two years. Mr. Clark said the first year it was not a Green Giant operation, but it was the second yeax. Mr. Clark $a1d that another thing that �hould be discussed is �hat they not b� allowed �o add �ennants or banners or any,new signs. Mr. Fitzpatrick &aid the s�gn ordinance would keep them from putt�ng.up additional signs. Mr. Cl�xk said he just wanted to draw it to the petitioner's aktention what the ardinanc� wa�. 1Kz, R�ck said they would like to put up a temporary sig� that the poo� c�ate� has been moved. Mr. Fitzpatrick said thaC what we're ta�king ag:,l�st is any sign that would be visible from any street. Chairman �rickson asked Mr. Clark if the Planaing Commiss�on was being ask�d to approve the plot plan. Mr. Clark said this wou�dn't be necessa�y as rhis was a Building Standards item. The Planning Commission was only be�ng asked to approve the Special Use Permit, although they are [ied clasely together. Tt wouldn�� be ou� of order to aet on both of them. MOTION by Zeglen, seconded by Fitzpatrick, that the �lanning Commission �ecommend approval to Council o£ th� ext�nsion of the Special Use Permit, 3P �71-04, Green G�ant Hame and Garden Center Pool Center, and approval af xeloc�t�ng the poal center with the stipulations of the Building Standards- ,, Design Control Sub�ouanittee which are: 1. A wood fence be constructed between the main driveway and and th� service drive along Osborne Road. 2. That there wil� be a screening fence albng the North and Wes� boundaries with a green covering of some type planted. 3. Green Giant get a letter ot approva� and agreement from the � St. �aul Water Works Departme�t, . a. �he ��d business shed be discarded and nat be mav�d to the new site. ��d �1ap b�nniag aay aigns visible from the etreet. The Planning Commission a�sa reaommenda ap�roval of the si�e plan, � � . Pl�nning Commisaion Meetin - April 18�1973 page � Mr. HarXis asked i� the area to the North �s part of this project. Mx. Jones said it was just an additional parkin� lok. Mr. Harris asked what was going to happen to the land where the pool Center had been located. Mr. JoAes sa�d they wil� blacktop the area and land�Cape arflund the sign. Chairman Erickson said the plan for this area should be brought to the City.. Mr, zeglen AMEND�A TH� MOTION stating the Planaing Commission does not approve the area North o� the property line in East Ranch Estates Addition. Mr. Fitzpatriek seconded the AMENDED MOTTON, UPpN A VOIC� VOTE, all voting aye, t�e MOTION carried unanimously. 4, PUBLIC HE� SCHLEMMER: Blocic 14, :ST FOR A SPECIAL US; To construct a detached second Spring Brook Park, per City Code Mr. Schlemmer was present. PERMIT, SP 1�73-02, RUSSELI, garage on Lots 5 and (, Section 45.051, 2A. MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission waive th� reading a� the Public Hearing notice for Special Use Perm�t, SP ��73-02, by Russell Schlemmex. Upon a voice vote, all voting aye, the motion carried un,animpusly. ' Chairman �rickaon asked Mr, Schleu�er if he has a$arage now. Mr. Schl.emmer said he has an attached single car gara�e. Mr. Erickson asked %''� him wha� type of driveway he has. Mr. Schle�ex said he has a concrete dr�ve and would have a concrete driveway for �he second garage. i � � �� Mr. Erickson asked Mr, Clark if the City has any objection to this xequest. Mr, C1ark said there might be a drainage problem, and we have had a ca11 from a neighbor who was concerned about the driveway havi.ng to bs so ci.oae to Che property 1ine. There is only ll feet between the house and the prope�rty line. There could be a problem concerni.ng snow xemoval. M�� rickson asked �Ir, Schlemmex how he intended tp handle the snow pral�lem. Mr. Schlemmer said he had a snow blower and could direct the snaw �o �pms ather area, lrir. �rickaon asked Mr. Schle�ner what the elevation was where he planned �Q build Ch� �araga, Mr. Schlemmer said it was pretGy level, maybe a l.ittle highsr. Mx'. Harris asked Mz, Schlemmer the size of his single �arage, rir, S�h�emmer said it was 11 �eet x 21 feet. Mx. Mykola Moroz, 289 E1y, said his driveway �aas 5 feet from his pro�erty line, This Aew dr�veway would only be about six �eet from that dxiveway, artd �hert abaut 20 �eet fuxther was the driveway for M�. Sehle�er's existing garage. He �aid i� woul.d make Che whole area look 11ke a drive��ay. He said h� had pnly bou�ht his home a year ago, and wouldn't have bought it if he had kaow another dx�.veway was going in or another gara,gs would be builk. H2 said he thought this would hurt th� resale value of his home. Mr. RoberC FXeeman, 273 Ely, said this galage would bl.ock his view pf the g�x�k because hi.s 1i.v:Lng area is fa�ing Nqrth. �lanning Commission Meeting - April 1$, 1973 Page $ . " _ _"'__ ..____�-___ � Mr. Fitxpat�ick asked if both these neighbors also had 60 foot 1ots. They bsath sai.d they did. Mr. Fitzpatrick asked if thexe was any reason this $sr'age waa being a�t back �+5 feet from the house. Mr. Schlemmex said he would be abla �o bring iC forward a little. Mr. Clark said because �he dr�.v�way , was sa iong, from a safety standpoint, there would have to be room to hava a turn-araund. Mr. Fitzpatriek said the real problem seems to be that he needs a driveway ta the back o� his house which has to be placed on an eleven foot strip. Mr. ' Fitzpatrick said he could sympathize with the neighbors not wanting a gaxage located in a large open area, He said there must be a problem with vehicles 8itting ouC in the open. Mr. Moroz said there was no p�oblem because Mr. Schlem¢ner keeps th�ngs very neat. Mr. Schleu�►er said he has a boat and trailer stoxed away from t�e property and other recreational vehiclea which he has sCored othez places, and he would like to keep this equipment on his own property. That is why he wants the second garage. Chairmant �rickson said he thought administration should look at this p�operCy befor� any decision was made. ' Mr. 2eglen said it might be possible �o move the garage close to the b�ck oi the house and have the garage doors opening to the West. Mr. Schlemmer cauld sti�.7. have room for a turn-around but the garage wouldn't ha so fa� back on the lat. rir. Schlemmer said he had thought oi Ghis but didn't like the lacaCiaa because i� would be too close to his present hau�e, /`1 M�', Haxris asked Mr, Schlemmer if he was using the 11 feet for access to h�s back yard now, Mr. Schlemmer said he had to bec�use there was onl,y S fe�t on, the oth�r side, Mr. FiCzpatXi�k asked if the Planning Commission had the power to make ths etipulation that th�.s garage be brought ia cl.oser to the house, and if we do, thet� �naybe this should be continued to see what arx'angements the petitioner aan make. I�'IOTION by �'it�patriCk, seconded by Harris, that the Planning Commission eot�tinue the request far Special Use Permit, Sp �i�73-02, by Russell Schlemmer, �o canst�uc.t a detached second garage on Lots 5 and 6, $lock 14, Spring k�r�ok Paxk �ddition, pex City Code, Section 45,051, 2A, un�i1 May 9, 1973, to enable the petitiot►er �ime to see if he can make other arrangements, iJpon a voice vQte, all vot�.ng aye, the motion carried unanimously. ` 5. PU$LIC HEARING: REQUEb`T FOR A SPECIAL. U5E PERMIT SP �i�73�03, RICIiARD ' l�o FR�NCH: To construct a second accessory buildi g on the East 87 feet o� the West ].O7 feet of the South 240 feet of I,ot 1., Meloland Gaa�dens, pex ei.ty �ade, Sec�ian 45.Q51., 2 A. Mx. Richard French was present. � MO�ION by Fi�zpatrick, secor►ded by zeglex�, that the Planaing Commission � waivs Che readic�� pF the Public Hearing noti,ce on �he request far a Spec�.a]. Llse , �'��.fi, 6k ��7��03, by Richard French. Upan a voice vote, a11 voting aye, ��e ' �o��.an ��xr�.ed u�ania�ousky. Planning Commissian Meeting - April 18, 1973 Page 9 ^ Mr. Fxench said he wants this building to store his boat and trailer and some lawn equipment. He said this accessory building wouldn't be as high or as large as a regular garage. Mr. French said he wauld be placing the building ou a cement slab� Because the building is meta� �t wi11 be non-combust�bls. Mr. Miaish asked if Mr. French vas going to have a driveway going to this butlding. Mr. French said he didn't want a driveway. He has a lawn tractor he inCsnds Co use �o pu11 the boat and trailer to the front of the lot. He said he had talked to two neighbors, Mrs. Bacter and Mr. Johnson, and they have no objections to this build�ng. He said all his neighbors have steel skara�e sh�ds. Mr, French sa�d he had to get a building this �ar�e to accommadate the boat on the trailer. Mr. Erickson said th�s building is large enough to accommodate a sma11 caX, Mr. Erickson asked Mr. Clark if the City would a11ow this type of material to be used for a regular garage, Mr. Clark said it wpuld depe�d upo� the snow loads on the roof. Mr. �rench said the gauge ssema tq be h�avier on this shed than others he had looked at. He thought iC was because of Ghe span. He said he didn't need Chia large of a building but to get i� long enough for his boat, he had to take the width. Mr. French aaid Xhe zeason for the placeme�t of the shed on the lot was beCause he wanted it inaccessible from the �treet. MOTTON by Fitzpatrick, /'� c�ose the Public Hearing on by Richard �rench. Upon a �nanimously, seconded by Zeglen, that the �lanning Commiss�on the request for a Special Use Permit, SP ��73-p3, voice vote, al� voti�g aye, ths �otion carried MO'�ION by Fitzpatrick, seconded by Zeglen, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP �i�-03, by Richaxd �rench, to construct a seGOnd accessory building on �he East. $7 fee� of the West 107 feet of the South 200 feet of Lot 1, Meloland Gardens, pex ciCy code, Section 45.051, 2A, with th� stipulatioa that this building nat be used for pas$enger cars, and that the drawin�s Mr, French preser:ted to th� Plannin$ C�mmission, Cakolog No. 32KS66025M be the one used or its equivalent. UpaA a voice vote, all voting aye, th� mo�ion carried unanimAUS�y, 6, VACATTON REQi1EST: SAV ��73-05, BY GILBERT MENKVELp; Vacate the publie easement aa 67th Avenue N.E „ b�tween Anoka Stzeet N.E, and �ridiey Street N,�., to add 3Q �eet to the North/South dimeneian of Lat �, B1�Gk 1, Qak Grove Addition to Fridley Park, making it a buildable site, . Mx. Cxai� Willay was present, � Mr. Willey aaid he was repress�ting Mr. Menkveld and himself, as huye� of this pxoperty. Mr. �enkveld has requested the vacation of 67th Avenue � eo th�� T can bu11d a residential dwelling upon this �ot for myself as my � perso�a� resid�nce. Z have been before khe Parks & RecreaGivn Commissip� - and th�y have sugge�ted that I dedicate the part of the easement from Che kop of �lope baek ta the City for park purposes, They said they had no c��io� tp the vaca�ion. The 1vt as it stdnds right now is not buildable. �`1 •�� Planning Commiseion Mes�ing - April 18, 1973 Page 10 accarding .to t�e present standards. With the addition of the street which I could use, I would have sufficient area to build my home. Mr, Fitzpatrick asked if anyone from the City had been out to look aC the embankment. Mr. Clark said he had seen khe site and also Ralph Volkman from the �ark Department. He said the drawing.presented appeared to be quite accuxat�. Mr. Wi11ey said he did not have a survey at the time he was hefore the Parks & Recre�tion Commission but he has had one made which the Planning Cotanaiss ion has . . Mr. Fitz�atriak asked how wide the property would be with the vacation. Mr. W�ill�y said it would be 70 feet at the Westerly most point. On the �asteXly point is where it meets the cul-de-sac so it is appreciably narxowez. Mr. Zeglen aslced if there was a dwelling on Lot 30. Mr. Wi11ey sa�id l�t'. Sadahl has a home built an Lots 29 and 3Q� Mr. Willey said he had �a3.ked ta Mr. Sodahl earlier in the evening and he aupports the request for the vacation as thi� would add open space to hia yard. Mx. �rickson aeked why this came before the Parks � ReGreation Comm�ssion. l�ix'. k'i�zpaticick said because of the general concera in no� vacating City property along the Creek. Chaixmaa� Fricksvn said this is in a natuxe of a trade. The petiti.vner g�tB the vacation and dedicates to the City the area beyond �he slope as park proper�y. Mr, Pitzpatrick said we are eoncerned about lceeping the cxe�k bank in puhlic ownership. Mr, �rickson asked Mr. Willey if he had drawings of the house he px'aposed to build. Mr. Willey said he did. He said this would be a two-story house wi,th an sCtached garage. He would be using a mansard type roof to lower the profi,le A� the hause ao it would blend �n better with the existing homes on the block. I�e will use horizon�al �idi.ng, ths same as the other houses in the area. The house will have a redwood deck cahich wi11 serve as a large glay �e� fox hi� amall children. �Ir. C1ark said the deck wi11 be shortened by 5 feet to the Narth to meet the sideyard setback requirement o� 10 fe�t vn the Sauth. � Mx. Fit�patrick asked if this item was before the Plats & Subdivis�ons Subcommittee, Mr. �Iarris said it was but on the vote foz denial there we�e kwo ay� �nd twa nay �otes so it comes to the Planning Comm�ssion without a r�commeadettfo�, Mr. C�axk �a1d he didn'� knaw if the City can vacate a street right o� way and aimpl.y'ret&ia �t for park purposes, 1��, Fit�pa�rick said Che Parks � Recreation Coumn�ssion did not recom►nend approval of �he vacatlon, they just said they had no objections if the pa�k �� the �ed�dication. . � Flanniag Commissian Meeting - April 18, 1973 Page 11 n � Mr� peaAis prevniak, 6684 Fridley Street, said he objected to any stru�tuxe �ieing built on this lot and thought i.t was an infringement upon �he wild area. . Mr, Gary Sodahl, 6689 Anoka Street, said his only objection was to a two-sto�y house. Mr, Wi1J.ey �aid the reason he went to a two-story house was so he would have a laxge enough house fox his needs and still ma.intain sqme open space on his 1ot . Mr. Harris said that if we don't grant the vacation, this lot wi11 be dead. Tt would be very difficult to build on as it is and meet the setback requix'ements. It seemQd to him that we either have to go along with the vacaiion ox the Gi,ty may have to acquire the land. We would have to iron aut the park dedicatiop. Mr, Urevniak said that if this lot cou].d not be built on, he would like to buy it for an agreed upon price, Mr, Willey said there is no agreed upon px;�ce because he wants to build his house on this lot. 1"�r. F�tzpatrick said we had a t.wo to two vote hy Gt�e plats & Subdivisions- Streets &[ltiliti.es Subcommittee and a cautious statement from the Parks & � �ecreation,Comm�ssion, and I think we should continue this item until we kr�ow �he �.e�al ramificatians, ' Ghairman �xickson said he didn't tuink there could be an intelligent vote c�n the vaeation request until evervone had seen th� proQ�rty. Mr. Ha�ris said one of the things he was concerned about� and they didn't get tp this at �he Subcommittee level, was that he lcnew you Could k�aep motox cycles, mini-bikes, snowmobiles and the like, of� of park property. Can you keep th�m o�� of public right of ways when there is no street Chere. I� �hi.s dedi.cated righC of way was left as is, aould thQy stop recrea�ional vehi.cles fxom using it. He said if they were licensed vehicles, he didn�'t thi,�k th�r� wa� a thing the City could do about iC, Mx, F�.tapatx'iek said he would like to see this vacat�on request cot�t�nued unti� it is d�t�rmin�d if all of 67th Avenue should be vaeated along the 9 embaakment and how it aould be hand].ed, Irir. Minish asked the petitioner if he wouid consid�r building any other ki.�nd af hause, rlr, Wi.11ey said a one�story home would be too sma11 and he thou�ht �he hou�e he pxopvsed would blend into the aeighborhood. A small house woul,dn't bl�ad in with the n�ighborhood either. There are a variety of �rade �h$ng�s �n the area, M�. �'itzp�txic% sa�.d I don't thi,nk we hav� th� right to deny this xequest r''� juat because of the park cons�Lderation. �here are othex th�.nga to consider. �� M�. C1.axk aaid there have been a�ve�al, que�t�.ons 6rought up here th�t I t��ould Like �o check wiGh the City Attorn�y. One of the qu�stions was if we eP6�1�} kee� �.i.cenaed zeCxeation�� Yehicles off a ded��ated r�.ght of way. Planning Gommi�sion Meeting - April 18, �973 page 12 � ,., __ MQT�ON by Min�.sh, seconded by Harris, that the Planning Commission continue vacatior� request, SAV ��7�-05, by Gilbert Menkveld, to vaca�e the public easement pn 67th ,Avenue N.� „ between Anoka Street No�, and Fridley Stxeet N,Ee, to add 30 feet to fihe North/South dimension of Lot 1, 81ock 1, Oak Grove Addit�on to Fx�d].ey �ark, unt11 May 9, 1973, due to the number of questions that need aaswers before a decision can be made. Upon a voice vote, a1,1 voting aye, the tnption carried unanimously. Mr. Fi.t�patriek said he wouldn't want this item bacic on the agenda until w� have answer� �o the questioas,raised �onight, 'Mr. Clark said he would talk to the City Attorney. 7. VACATION RE(�UEST: SAV 'E73-06, RICHARD NIILLER HQMES: Vacate the West on,e £oot of the E�,t 5 foot easement of Lot 10, Block 2, Briardale Addition. Mr, G�ark said the hou �as be�n moved but he thought the vacation �houl.d still b� Froeessed j.: in case there was even an inch error, to protect the fuGure buyers qf the h� a. If a survey should show a smal]. part o� the house was built on an easem��t it might be difficult to get a mortgage commitment � Mr, Minish said at the time the variance was granted �ox this house, they di.d havs letters �xom the three utility compan �es saying Chey had no objection to the vacaGion bei.ng granted. � � Mr. Ha��is said the Plats � Subdivisions-Streets & Utilities Subcommittee recommended that Ghe vacation be granted. � Chairmart Eri.ckson asked if this was a drainage easement also. Mr. Claxk �ai.d it was but they would still have nine feet. MOTION by Minish, ��canded by Harris, that the Planning Commission reeauane�d te� Gouncil approval af vacation reques�, SAV #73�06, Richard Mi.1�er �Iomesr �o vacate the WesC one foot of the East 5 foot eas�ment of I�ot 1.0, 81ock 2, ��iardal� Addition. Upon a noice vote, all voting aye, the motioa eaxri�d unani.mausly. � . 1tEPORT ON ItUSTY �+IATER Mr. M�.n�sh said whea we first started our d�sausaion on the Comprehensive Plan, Z raised the ques�ion about what I bel�eved to be a problem we had �ith oux water. T w�� told by Mr. Qureshi that we had all these iron removal plants and thaC da�sn't age �o be the case. I'm sure we are not �h� only household im Fr�d�.ey to have problems with rusty water, It �usC aeems Co me zhat this wa� a p�oblem Ghat shoul.d have a solutian and as far as I'm concerned the groblem has �not be�� c►lved. I cannok tell, fram th� memv we have in our ��e�nd� if we wi11 �ver be xid af ths problem, Mx. Fit�patzi6k said it sounded like they were buildin$ something out p� paxts th�X r�c��.vq b1C by bit, Mr. Minish said it spunded 1�ke ws were a�seccnd-xate munic�pal�.ty. Planni�g Gomm�ssion Meeting - April 18, 1973 Page 13 Mr. Haxris said th�y have a problem with murky watex. There is a grey gra�ular materia� i� the water that looks like fine roek. Chairman Er�ckson said they have had rusty water, on occasion for years. �� wondered i� anyo�e has ever came up with a solution. Mr. Minish said the problem in their neighborhood has worsened in the past couple of year�. Mr, G1ark said the memo that is in the agenda spells out pretty well what they axe daing about the problem right now. Mr. Minish said I would like to see the City mov�ng agressively to solve the pxoblem, Mre Clark said the City has hired a consultant, a wa�er specialist, and he is analyzing �he system, and taking water samples throughout the whole City, I th�nk t�e flushing program shouYd help to get the iron bacteria_out of the system, The water comes out of the filtration system practically iron free. Mx'. Min�sh said he wanted to raise the question to see �f something was bein� done on a formalized basis. � STAT�P'�NT BY MR. FITZPATRICK �is. Fi.tzpatri.ck said he wanted to take som� cognizance of the fact that thexs was going to be au almost complete turn-over of Che I'lanning Cvmm�ssion. To take nothitng away from the people who axe goin� to be ou the Planning Commi�sio�, �. wauld like to say in all seriousness that we are certainly go�.ng �o mi.�s th� lcind of expertise that Mr, �Xic'kson has ,had on these matters, aad th� £aat of having a lawyer, M�. Minish, is certainly�an advantage.that wa a�cen't goin� to have, and Mr. Zeglen's acqua�ntar�ceship ot the whole area and h�Cs usually havi.ng checked out and looked at the items first har�d, these �r� ��. quali�i.cations that are going to be hard tv xepl.ace. . I ai.so w�nt to say that it is 011ie�s chaice nvt to continue a� Chaixman, � at�d �.t was nc�t my Ghoice to be Chairman, my� first choiGe was to continue as � P�rk Chaixman. i ' , Mr, �x��kson sa�.d he has �n�ayed being Chairman, bu� he has been Chaxrman ' �or a numbex of y�ars and felt he would like a.l.ittle rest. He said it had b��t� a p7.�asure woxkit�� with a11 t'he men on the P1a�tning Commission. Mr. Ha�ris said the P1ats & Subdivisi.�ns-S�reets & Utilities Subcommi�ttee wan�ed me tQ have it meationed in the minutes, �t noke of appreciation to their fc�rmer Chaixm$n, �ldon Schmedeke, for hia long hours of hard wo�'k and dedication Cs� �he City of �xi.dley. ' �1 COMPREHENSIVE PT,AN R�VIEW � Chairman Ericksan said it would aeem that we are not through yet. We Flauaim� Cammisaion Meeting - April 18, 1973 Page 14 �"1 "" have some �ossible �ecammendations for amendments to the Comprehensive P1an tha� were made by �he staf� of the Metropolitan Council, They have poskponed the he�rin� of th� Plan until next month. Jerry Boardman and myself have spenk som� �1.me with a couple of gentlemen from t�here and they told .us what ,th�y thought should be in the Plan before they put in their report. � J�x'ry Boardman and i felt we should have a meeting wlth both the o�.d and new members of the Planning Commission and probably iacorporate some of thsse id��.a iqto the Plan before it goes in for review. The City Council has set up a�ub1i� Hear3ng for May 14, and the MetrapoliCan Council wi11 hav� their revi.ew after that, so I suppose Council ean have their Public Hearing, and contiaue it. Mr. �x'i�ksQn said he would like Jerry Boardman to malce the presentation of th� Compr�hens3.ve Plan for the new members. He said the new�members shauld . bs given a copy of th� Compxehensive Plan and have aJ.1 the members receive a copy of th� amendments suggested by the Metropolitan Council. Mr. �rickson aald he would like to have the meeting on May 2, 1973, and it would be a completel.y e9.osed rneeting . - Mr. C1ark said you could pass your reco�endations on to the City Counci� on Che amendments suggested by the Metropolitan Council. Mr. �x'icksan said ws wi],1 also have to pass them on to the MetropoJ.itan Council because right t�aw the plan the Metropolitan Council is looking at is our i� p1an. Even after the Metropolitan Council approves the plan, our City Cauucil may wan� �o change it. �h�; Metrapo].itan Council doesn't seem to understand tha� this is just a beginning plan. Metropolitan Council will never approve a p1,an without a statemerat on housing, They don't have to approve aur plan unless we wank �o $et pre�erence for Federal monies, Chairman Erickson said we will plan an meeting the second o� May. �x, F�.tzpatrick asksd Mr. Eri.ckson ta chair this speci.al mesting. 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