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PL 07/17/1974 - 30403� � CITY OF FRIDLEY PLANNING COMMISSION MEETING JULY 17, 1974 PAGE 1 CALL TO ORDER: Vice-Chairman Harris called the meeting to order at 8:10 P.M. ROLL CALL: Members Present: Harris, Lindblad, Blair Members Absent.: Fitzpatrick, Drigans Others Present: Da�rel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: JUNE 19, 1974 MOTION by Lindblad, seconded by B1air, that the minutes of the Jurke Z9, 1974 meeting of the Planning Commission be approved as written. Upon a voice vote; a.il voting aye, the motion.carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: JUNE 25, 1974 MOTION b� Blair, seconded by Lindblad, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcom- � mittee meeting of June 25, 1974. Upon a voice vote, aI.Z voting a�e, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: JUNE 25, 1974 MOTIDN by Lindblad, seconded by B1air, that the Planning Commission receive the minutes of the Board of Appea.is Subcomrrcittee meeting of June 25, Z974. Upon a voice vote, aIl voting aye, the mot.ion carried unanimous2�. RECEIVE BOARD OF APPEALS SUBCOMMITTE MINUTES: JULY 9, 1974� • MOTIDN by Blair, seconded by Lindblad, that the Plan�ing Commission receive the minutes of the Board of Appeals Sub�eomrnittee meeting of July 9, Z974. Upon a voice vote, aZ1 voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION.COMMISSION SUBCOMMITTEE MINUTES: MAY 20, 1974 MOTION by Blair, seconded by Lindb�ad, that the Planning Commission receive the minutes of the Parks &�Recreation Commission Subcommittee meeting of May 20, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. RECEIV'E PARKS &.RECREATION COMMISS�ON SUBCOMP�lITTEE MINUTES: JUNE 25, 1974 ^ 1�OTION' by Lindblad, seconded by B1air, that the Planning Commission � receive the minutes of the Parks & Recreation Commission Subcommit�ee -�-� � � Planning Commission Meeting - July 17, 1974 Page 2�� mee�'�g of June 25, Z974. Upon a voice vote, all voting aye, the mot.ion - 'ed unanimously. l. PUBLIC Rezone (f load HEARI��?s.� -�ONING REQUEST, ZOA #74-03, CITY OF FRIDLEY: Chases ���.a�.:7 cated on Government Lot 5, from CRP-2 plain) to CRP-l�.�at„�ay) ; MOTION by B.Zair, seconded by Lir�� '?ad, tha� . 'anning Commission waive the reading of the Public Heazing notice on the re � t for rezoning by the City of Fridley, ZDA #74-03. Upon a voice vote, aIl voting aye, the motion carried unanimously. Mr. Clark said this zoning change was recommended by ,the Depart- ment of Natural Resources. It is actually a condition of their approval of our flood plain ordinance. He said that as this is all City owned property an.d this�change wouldn't affect what would be built on this property, the City administration recommends approval of this request. � Mr. Lindblad asked if this zoning change would prevent any building on this property? Mr:f Clark .said it would permit structures that have a low flood damaae notentiale Mr. Harris said this will be changing the property from the ].00 year flood level.to the 50 year flood level. Mr. Clark said that what the Department of Natural Resources is saying is that they want this property to be in a more restrictive district. Mr. Lindblad asked what was the purpose of this zoning change? Mr.. Clark said he thought the Department of Natural Resources w�s right in requesting this change. In a CRP-2 district, houses and garages can be be built with a special use permit being granted. He said that he didn't think they knew when they requested this change that this was City owned land and that there is no intention to build anything on this island except shelters. Mr. Clark then read the uses allowed in a CRP-1 district. (1} Any use having a low flood damage potential including recreational use, parking lots, residential yards, loading areas, storage yarcls, water control structures and other open space use. (2) Structures accessory to the above uses may be permitted if: a) Structures are not for human habitation. b) Structures have a low flood damage potential. c) Structures are firmly anchored to preventfloatation. d) Accessory buildings are not more than 150 sc�t�are feet. (3) All structures are permitted in this section with the exception of public uses require a Special Use Permit. (4) Any removal of existing trees over 3 inches in diameter shall require City approval. (c) Public Facilities Public uti.lity facilities, railroad txacks and bridges within the preservation District shall be designed to minimize increases in flood elevation and must be reviewed by all governmental bodies having jurisdiction; but in all cases the City of Fridley will make the final determination. Mr. Clark said this doesn't affeet the use of the property as far�:as the City is concerned. Mr. Bert Slater, 128 River Edge Way N.E., said the reason he was at the meeting was because he would like to know what r,vas being proposed . �. Planning Commissi�on Meeting - July 17, 1�74 Page 3 . for Chases Island. Mr. Clark said the purpose of this meeting was to change the zoning of this island from f lood plain to flood � way. About a year ago, the State of Minnesota passed legislation to force municipalities to have flood plain zones. In order to do this, the City had to set up these zones and Fridley decided to call these CRP-1 and CRP-2. The City sent their Ordinance and map of these districts to the Department of Natural Resaurc�s. They, in turn, sent it to the Army Corp. of Engineers and they studied it and recommended that we change the zoning of Chase Island. This is not a proposal to build any particular structure on this island. Mr. Slater asl�ed if the Planning Commission was aware of what was being proposed for the Islands of Peace. Mr. Clark said he wasn't directly involved with this project�but he had heard they were intending to have a shelter just so people could get out of the �� weather, and some more pathways. He thought they were working on a dock. Mr. Clark said there is an Island of Peace Foundation whicH Jerrold Boardman of the City staff was working with, and he told Mro Slater he could call him if he had any questions on this project. Mr. Slater asked if the Planning Commission was aware of the bicycle route proposal and the questionnair'.es on this proposal. Mr. Clark said that about 1,000 residences were getting these questionriaires on a random basis. He said he thought it would be some time in August before the information had been gathered from these questionnaires. He said that one of the members of the Planning Commission would be asked to sit on the Committee for this bicycle route so they could n bring information back to the Planning Commission at. that time. � Mrs. Irene Maertens, 144 River Edge Way N.E., said that all she knew about the development�of the Islands of Peace is what she had learned at the 5tate Fair. She wondered if this rezoning would affect her property because it was so close to Chase Island. Mr. Clark said this request•was just rezoning Chases Ieland. Mr. Slater asked if in time, there would be walkways on the North end of Chase Island. He said there was a walkway to the school on his property. At the time this.was put in, it was said that this would never be a bic�cle-�ath, but it is. He said thi.s was put in for the safety of �hildren and he would question how safe this walkway was at this time. His concern was that the traffic on this walkway would be increased due to future development of Chase Island. Mr. Clark said there was just a narrow strip for the City to get. their vehicles to Chase Island for maintenance, but t�ere w'ould be no public vehicle access to the Island. Mr. Harris said there was no way they could get from the North end of Chases Island to public right of way. Mr, Clark said the North end of Chases Island was a lot lower than the South end. Mrs. Maertens asked if they could add fill and make it higher. Mr. Harris�said that before that could be done,_permission would have to be_gotten from the Department of Natur.al Resouces, and he didn't thi.nk they would permit that. �1 � Mrs. Maertens said it has also been mentioned that this zoning wouldn't allow trees to be cut down. Mr. Clark said that was right, but the City Tree Ordinance would prohibit this anyway. ��t, Planning Commission Meeting - July 17, 1974 Page 4 � MOTION by Blair, seconded by Lindblad, that the Planning Commission close the Public Hearing on the rezoning request, ZOA #74-03, by the City of Fridley. Upon a voice vote, a11 voting aye, the motion carried unanimously. � MOTION by Lindblad, seconded b� Blair, that the PZanning Commission recommend to Council approval of"the rezoning reguest, ZOA #74-03, by the City of Frid�ley to rezone Chases Island, located on Government Lot 5, from CRP-2 (flood plain) to CRP-I (floodway). _ Mr. Harris said he would Tike the Islands of Peace Foundation to either present their plans to the Parks & Recreation Commission or the Planning Commission so the members would have some idea of what was planned for this area. Mr. Blair said they had been•.to the Parks and Recreation�Commission about a year ago but he believed they went directly to Council at the present time. Mr. Harris said he thought there should be some way for the Planning Commission to know what they plan for this project also. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REQUEST FOR A.SPECIAL USE PERMIT, SP #74-12, BY GO�CO CONSTRUCTION COMPANY; Per Fridley City Code, Section 205.157, 5, D, to allow the construction of a garage in CRP-2 zoning (flood plain) on Lots 21 and 22, Block T, Riverview Heights, the same being 675 Fairmont Street N.E. MOTION by Lindblad, seconded by Blair, that the Planning Commission waive the reading of the Public Hearing notice on the reguest for a Special Use Permit, SP #74-12, by Gorco Construction Company. Upon a voice vote, a1I voting aye, the motion carried unanimousZy. Mr. Clark said the Gorco Construction Company was building a. detached garage for Robert Wolmu�t at 675 Fairmont Street N.E. He said that this garage was under construction before the inspection department knew it was being built. We�red tagged fhe construction and told them they had to go through this process before �hey could get a building permit. The garage actually me�ts all the building codes. This will b�.located on the edge of the CRP-2 zonee The administration has no objection to this garage being built. As long as it is not for human habitation, the restrictions on this construction are not that great. We have sent the required notice to the Department of Natur�l Resources and they haven't responded, so it could be assumed that they have no objection. Mr. Harris asked if they have met the other request s that were in the letter in the agenda. Mr. Clark said there was no letter from N.S.P. Mr. Ed Girard, 680 Glencoe Street N.E., said he had two questio�ns. Who was supposed to get the building peimit, the builder or the home ^ owner, and if the City didn't have to take some responsibility for � this garage being started without a building permit or the required special use permit. Mr. Clark said that as soon as they found out a garage was under construction, the City stopped the cons•truction until Planning Commission Meeting - July 17, 1974 Page 5 a special use permit and a building permit could be obtained. As far as who gets the building permit, t�is is an agreement between � the builder and the home owner. Sometimes, the owner agrees to get the permit, and doesn't get around to it, and all of a sudden the masonry man is there to put in the slab. We can double fee anyone who starts construction without a building permit. It is sometimes difficult to determine if this was something delirerate or not. � Mrs. Girard said she didn't think this garage was located 3 feet from the side property line. Mx. Clark said we have a new survey of this property after the slab was in for the garage and this survey shows the garage is three feet from the line. He said that 3. feet was not very much. � . Mr. Girard asked why the petitLOner needed a special use permit if this garage meets all the codes? Mr. Clark said it was because it was in the flood plain (CRP-2). Mr. Girard said tl�eir house and garage was just built a year ago and they were closer to the river than this garage was and they didn't have to get a special use permit. Mr. Clark said they would if that house was being built now, but that this ordinance wasn't in effect a year ago. MOTIDN by Lindblad, seconded by 81air, that the P.�anning Commission close the Public Hearing on the request for a Special Use Permit, SP #74-I2, b'y Gorco Constructio.n Company. Upon a voice vote, aII vot.zng aye, the motion carried unanimously. n MOTION by B.Zair, seconded by Lindblad, that the PZanning�Cvmmission recommend to Council approval of the'request for a Specia.Z Use Permit, SP #74-12, by Gorco Construction Company , per Frid.Zey City Code, Section 205..I57., 5, D, to a11ow the construction of a garage in CRP-Z • zoning (flood plain) on Lots 21 and 22, B1ock T, Riverview Heights, the sante being 675 Fairmont Street N.E. with the stipulation that the petitioner obtain a letter from Northern States Power Company granting him permission to build c.Zoser than 5 feet to the rear Iot 1ine. Upon a voice vote, a11 voting aye, tlae motion carried unanimousZu 3. B�LLBOARDS DISCUSSIONs BILL WETSS SIGN � Nlr. Clark said the reason this�was put on the at�enda was'beeause a couple of ineetings ago you requested a joint meeting with the City Council and stated you would like to talk about the Hyde Park Study, the armory and billboards. The armory is still pending, Bill Nee is looking into the Hyde Park issue and will report back to the Council, and they will decide if they want the Planning Commission involved in this or not. The City Manager asked Peter Herlofsky to find out what the Planning Commission wanted to discuss as far as billbo.ards are concerned. . Mr. Clark said the reason Bill Weiss's name is included in this part of the agenda was because he wanted to tell the Planninq Commission that this sign blew down. He said he told Mr. Weiss that in order to ^ put this sign up again, he would have to have the property rezoned, _ apply for three variances, and obtain a Special Use Permit. Mr. Clark said he told Mr. Weiss he didn't think he could jump all those hurtles to get his sign put up again. He said he asked him to wait and see Planning Commission Meeting - July 17, 1974 Page 6 if his business suffered because he didn't have this sign, or if ,.� • people had trouble finding his location. Then if it was creating ' a problem, he could consider this again. Mr. Lindblad asked if the State would have to approve this sign. Mr. Clark said it was not in highway right-of-way. Mr. Harris said they would like to discuss the policy the City Council would like to have the Planning Commission follow in considering Special Use Permits for billboards. Mr. Lindblad said we should know if the City Council is going to support us or not. He said there was no use in the Planning Cammission hassling over these billboards if Council is going to approve all the requests. Mr. Clark said you could find out what they think i� .the most important criteria to use; the intersection, the zoning, or the R-l. The Planning Commission should know if they are in favor of extending the time for these billboards or if they are in favor of eliminating them. Mr. Lindblad said he thought the Planning Commission should have some input from Council before we have to handle these requests. Mr. Harris said we should find out��if Council is concerned about billboards at alle ,� Mr. Clark asked if the Planning Commission had a preference on when this joint meeting should be held. Mr. Harris said he thought an off Wednesday would be a good night for the Planning Commission. Mr. Clark said he would find out the Cou,ncil'.s feelings, and the _ Planning Commission members could be called. 4. BICYCLE PATHS COMMITTEE Mr. Clark asked Mr. Blair if he would serve as an ex-officio member of the Bicycle Path Committee. Mr. Blair said he would. Mr. Clark saic� if there were any minutes of these meetings, he should make sure the Planning Commission sees them. They wouldn't have to receiv� them at thei� meeting, but they would know.what was going on. ADJORNMENTe Motion by LindbZad, seconded by Blair, that the Planning Coramission adjourn their meeting at 9:35 P.M. Upon a voice vote, a11 voting aye, the motion carried unanimously. Respectfully submitted, Gh . • Z�°�✓�'7'C.: n Dorothy e on, 5ecretary ..,�,,,,�. .,