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PL 10/23/1974 - 31174�1 � /"� CITY OF FRIDLEY PLANNING COMMISSION MEETING OCTOBER 23, 1974 PAGE 1 CALL TO ORDER: Chairman Fitzpaicrick called the meeting to order at 8:10 P.M. ROLL CALL: Members Present: Memb�rs Absent: Others Present: Fitzpatrick, Li.ndblad Darrel Clark, Harris, Blair, Drigans Community Developmen•� Administrator APPROVE PLANNING COMMTSSION MINUTES: SEPTEM�ER 25, 1974� MOTION by Harris, seconded by Driqans, that the Planning Comaaission approve the minutes of the September 25, 1974 meeting as written. Upon a voice vote, aII voting aye, the motion carried unanimous.Zye APPROVE PLANNTNG COMl�'IISSION P�lINUTES: OCTOBER 9, 1974 MOTTON by Drigans, seconded by B1air, that the Planning Commission approve the minutes of the October 9, 1974 meeting as wriften. Upon a voice vote, a11 voting aye, �he motion carried unanimouslye RECEIVE PARKS & RECREATION COMMISSION SUBCOP�MITTEE MINUTES: SEP^1rMBER 23, 1974 MOTION by B1air, seconded hy Drigans, that the Planning Commission receive the minuL-es o.g the Parks & Recreation�Commission Subcommiitee meeting of September 23, .Z974. Upon a�Toice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SiJBCOMMITTEE MINUTESs OCTO}3ER 10 , 19 7 4 MOTION by Harris, seconded by B1air, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meeting of October I0, 1974. Mr. Harris asked Mr. Clark if stipulation 9 for the Medical Clinic which reads " The medical building will be limi�ed:to occupa_tion and uses as stated in a letter from the Unity Medical Center of September 6, 1973 which states that this building shall be limited to healich professionals which will include, bu-c not limited to, physicians, dentists, oral surgeons, clinical psychologists, psychiatric social workers and allied mental health personnel. Ancillary uses o�her than office space shall be limited to those commercial enterprises des�_gned to serve the doctors and dentists and their personnel and patients. Such ancillary uses would include things such as professional pharmacy, an optical comp�.ny, possibly a card and flower shop, and possibly at a later date, a coffee shop, could be er�forced. Mr. Clar}: said the reason the petitioner wanted this worded this way was becaus� ther� migh�t be new health fields in subsequent years, and they might want to ba in this building. Mr. Harris said that if they had trouble reni:ing this building, they might be able to use this stipula'tion �to � Planning Commission Meeting - October 23, 1974 �" Page 2 n rent out to some type of business that wasn't �ompatible with the primary use of this building. Mr. Drig�ns said this was one of the stipulations the Planning Commission had on the Special Use Permit. Chairman Fitzpatrick said the statement says that it is limited to health profe�sionals, but they didn't want to limit what type of health professions they could rent the building too Mra Drigans said he thinks their out is that the ancillary uses other than office space shall be limited to those commercial enterprises designed to serve the doctors and dentis�a and their personnel and patien�s. He said this could include lawyers, insurance:•. o�fices, auditor's etc. Chairman Fitzpatrick said the petitioner's themselves are de�er� mined to limit this building to health professionals so he didn't think this would be a problem. Mr. Clark said as he understands it,..the building is already 8Qo rented• UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUECOMMITTEE MINUTES: OCTOBER 1_5, 1974 n MOTION by Drigans, seconded by �1air, that the Planning Commission receive the Board of Appeals Subcommittee minutes of their October 15, 1974 meeting. Mr. Drigans said the Council tabled th.e v�riances for building on 50 foo� lots� Mr. Cla�k said that these could come before the Planning Commission if the petitioner decides to build these homes because they are in the flood plain and will require Special Use Permits Mr. Harris said he was interested in �he decision and the comments made on the approval far vraham Testers. Mr. Drigans said he said the Board felt this was a combination of the petitioner and administration in that th�_s was allowed in the first place. Mr. Clark said the petitioner was told that if he did this, he was doing it at his own risk of it being approved. Mr. Drigans said that as this was different from -the plan originally approved, he thought this project'should have been red taggedo and no one seemed to know where the approval came from to let them cut the green area to such a small amount by put�ing a driveway through this area. UPON A VOICE VOTE, ALL voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOI�ITTEE MINUTES: OCTOBER 16, 1974 MOTION by Harris, seconded by Blair, that the Planning Commission � receive the minutes of the. Plats & Subdivisions-Streets � Utilities Subcommittee meeting of October 16, i974. Upon a voice vote, aIl voting aye, the motion carried vnanimously. RECEIVE MEMO FROM DAN HUFF, NAT.URALIST/RESOURCE COORDI�'ATOR r Planning Commission Meeting - October 23, 1974 ' Page 3 MOTION by Harris, seconded by BZair, that the Planning Commission �i receive the memo from Dan Huff, Naturalist/Resource'Coordinator, of September 27, 1974. Upon a voice vote, aZl voting aye, the motion carried unanimouslyo r�'1 1. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELI�INARY PLAT, P.S. �74-06, ZANDER'S 1ST ADDITION, BX DAILEY HOMES, INC.: A replat of Lot 3, Auditor's Subdivision No. 92, except the North 169 feet of the West 164 feet thereof, generally located South of 61st Avenue N.E., between Benjamin Street & Mc Kinley Street N.E. Mr. Howard Nystrom was present to represent the pe�itioner. MOTION by Harris, seconded by Blair, that the PZanning Commis- szon waive the reading of the Public Hearing notice for the consider- ation of a preliminary p1at, P.Se #74-06, Zander`s Ist Addition, by Dailey Homes, Ince Upon a voice vote, a1I voting aye, the motion carried unanimouslym Mr. Clark said t�at at the P1ats & Subs meeting of October 16, 1974 Mr. Korin, who owns the property �ha� is the exception to this plat, said there was a two to four foo� discrepancy in the East-West line of his South property linem Mre Dailey's surveyor made a call to me and explained that the lot irons in the field were not in the location where �ra Korin thought they were. Mr. Cla�k said he had not been out in th.e field to check �hese irons, so we still have �his s�a�vey discrepancy. Mro Clark said that other i'cems which were discussed at this meeting was the problem of drainage along the East line of Mr. Korin's property, which was going to be taken care o� by a swale along Lot 6 ofi this plat. Mro Korin stated that he �rould agree to the encroachmen� on his proper�y for �his sv,rale, so that in case �che storm sewer along his South proper�.y line plugged up, �the excess water could drain towards 61st AvPnue. Excep'c for �the survey discrepancy, all the s�ipulations ,p�t on.by the Plats & Subdivisions-Streets & Utilities Subcommittee have been agreed to by the developer. These s�cipul�tions are to provide an easement for the storzn sewer as shown on the plat, provide an ease- ment along the rear lot lines for other utiliicies, solve �che drainage problems with Mr. Korin, provide one tree per lot, 2" in diameter, reduce the street dedication for 61st Avenue from 25 feet to 20 feet, so Lot 6 will have the required 80' front footage and provide under- ground utilities. There is an existing house on this plai which taill be moved to Lot 1. The entire plat will have to be regraded and there will be a lot o� excess fil1. Mr. Drigans asked how the elevations were shocvn on the plato Mr. Clark said the dash lines are the existing elevations and the solid lines are the proposed elevations. �"`� Mr. Elmars Prieditis, 6031 Benjamin Street N.E.o said his property was South of this plat. �ie said that in looking at the proposed plat, there would be an 8 foot drop in five feet and he wonaered if this met the code requirements. Mr. Clark said the grade would have to be three to one, that was code. -� Planning Commission Meetirig -� Oc•taber� 23;� 1974� Page 4 � Mr. N strom said he thou ht there was y g quite a drop at that location at the present time. Mr. Prieditis said it was about a four foo� drop in 10 feet nowe Mr. Clark said this will have to be changed to a three to one slope. Mr. Nystrom said he knew this was code, and he didn't know why the engineer hadn't drawn i.he elevations according to the code. Mro Korin, 6051 Benjamin Stcreet N.E., asked Mr. Clark if he had checked out the elevations for't.he storm sewer along the South line of his property. He said he was told at the time this was installed that it wouldn`t be low enough to drain his yaxd and he wondered if this was true or not. Mr. Clark said this would be checked out, but according to the drawing on the plat, it should be low enough to handle the drainagem Mre Clark said it was at the �time that this was s�tubbed into the street that Mr. Korin was told it would not be low enough. Mr. Fitzpatrick asked Mro Korin if he had enough room on hi.s lo�t to split off half of it for a building siteo Mr. Korin said this was debatable. He feels that he has and everyone else has told him he doesn't,',so for the time being, we're not discussing 'chato Mr. Fitz- patrick said �chat Mr. Korin didnot have any curren�t plans for his property then. Mra Korin said tha� the discrepancy in the survey was thaic the curb should be three feet from his property line, and wifh the new n survey, the curb is on my property nowo He said that when the Ci�y surveyed for the street, their survey agreed with hiso Mre Prieditis asked if �this plat could be apnroved without the three to one slope not being shown. Mr. Harris said this was only the preliminary p1at, and this would be one of the stipulations Lor the final platm Mr. Harris asked wlzo would be responsible for main�aining the 20 feet of street dedication adjacent �ca Lot 6. Mr. Clark said the property owner of Lo�. 6. Mr. Harris said he �hought this should be spelled out as a stipulationo Mr. Clark said this was covered in the zoning code. Mro Korin said that at the Plats & Subs mee�ing, Mr. Thorson had stated that there were no plans for adding a garage to the ho�se that was being moved to Lot l. He said he had �.alked to the Zanders, and they said they did plan to have a garage and it was in their contracte Mr. Harris said the reason he had brought this up at that meeicing was because of the grade on this lot. It seemed that it would almost have to be a tuck under garage. Nlr. Korin said he thought that was wha� it would be. Mro Fitzpatrick asked if this home belonged to the sellers of the property. Mr. Korin said yes, it belonged to the Zander's. MOTION by B1air, seconded by Ha�rris, that the Planning Commission � close the Public Nearing on the consideration of a preliminary plat, P.S. #74-06, Zander's 2st Addition, by Dailey Homes, Inca Upon a voice vote, a11 voting aye, the motion carried unanimously. �lanning Commission Meeting - October 23, 1974 Page 5 Mr. Fitzpatrick said the survey discrepancy should be worked � out before this plat goes to Council. Mr. Clark said it would certainly have to be resolved before the hard shellswere made. Mr. Fitzpatrick asked who would have to resolve the conflict in the survey. Mr. Clark said he thought the petitioner should revise his preliminary plat to show how the drainage problem �would be worked out along Lot 6, �he grade change along the South property line, and the street dedication chan�ed from 25 feet �0 20 feet. The Planning Commission will have another meeting before this goes to Council, and he thought they should get another look at this plat, with the revised grade, befare this goes to Council. He told bir. Nystrom to show the recommended changes and get the preliminary plat as close �o the final plat without drawing up hard shells. Mr. Clark said he thought the Council covld set the Public Hearing date for the final plat as long as the Planning Commission would be able to see �he preliminary plat againo �1 � Mr. Drigans said he didn't know how �he Council could set a public hearing date when there was a suxvey discrepancy. How many surveys were there? Mr. Clark said that on this particular piece of property, there were two surveys, Mr. Korin's survey and Dailey Home°s surveye He said there were other surveys in the area. Briardale, Pine Tree Builders, Andy Gowel's Plat and the exception to the Zander propertye These should all meet on the corner o� 61st and Benjamina Mr. Drigans said this should be resolved by our next meeting then. Mr. Clark sa'id it isn't only a City matter to resolve. Mro Drigans asked whc was responsible for resolving this then. Mr. Clark said that both surveyors have cer�ified that their survey is correct, so he would assume this would be a legal mattero He said he would have to check with the City Attorney on this. ThiS was why he felt the City Council could set a hearing date and this problem would have to be resolved at the Council levele Nlr, Dri�ans said he though� it was up to the Planning Commission to resolve any problems before it wen� to Councile Mr. Clark said there was no way the Planning Commission could resolve a survey error. Mr. Korin said that at the time told him the retaining wall was right curb was three feet from his property three to four foot difference in the the street was going in, the City on his property line and the line. He felt there was a surveys. MOTION b� Harris, seconded by Drigans, that the Planning Commission continue until November 5, 1974, the consideration o� a preliminary pZat, P.Sa #74-06, Zander's 1st Addition, Dailey Homes, Inc., a replat of Lot 3, Auditor's Subdivision No. 92, except the North 169 feet of the West 164 feet thereof, qenerally located South of 61st Avenue N.E.,• between Benjamin Street & Mc Kinley Street N.E., to determine the difference in the two surveys and get the other chanqes made on the pZat, such as the s�reet dedication for 61st Avenue being changed from 25 feet to 20 feet, show the swale in back of Lot 6, and change the slope to three to one on the South property 1ine. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Clark asked Mr. Nystrom when he wanted to start gradinga Nystrom said they wanted to grade this property this �all. Mr. ��� r Planning Commissiori Meeting = October 23,� 1974 � Page 6 �'1 Mr. Korin said that before any grading is done and the hole South of his property is filled up, they better put the storm sewer and catch basin in, or he would have wa�er problems in the spring. Mr. Prieditis said if this was graded before the plat was approved, he would want them to be sure of the slope on the South property line also. Mr. Fitzpa�rick said the plat would not be approved if �he grading was dane differently from what was stipulated. 2. CONSIDERATION OF A VACATION REQUEST, SAV �74-04, BY JERRY GUIMONT: Vacate that portion of a 15 foot utility easement needed for a 30` x 2�' addition to an existing garage, located on Lo� 12, Block 5, Rice Creek Plaza South Addition, the same being 6551 2nd Street N.E. Mr. Harris said there were Tetters from the �our utility companies stating that they had no objection to that portion o� the I5 foot easement being vacation where the petitioner wants to have his garage addition encroach on this easement. Mr. Harris said the entire ease- ment is 25 feet, so this is a wide easement. Mre Clark said they had received the portion that needs ta be vacated from the �i quite long. He said tre petitioner could easement with the app�oval of the utili�y the pe�itioner to have it vacated so that wouldn't be any prablems, such as getting � legal description of that surveyor today, and i� is have encroached on this companies, but he had advised 10 years down the line, there a.�mortgage commitment. Mr. Clark said the petitioner has a 2 car garage now for a seven unit apar�tment building. This 30 foot addition will give him three more spaces to make this a 5 car garage. To do this, the front corner of the garage will encroach about seven feet on the easement and the back corner will encroach about 32 feet. The normal way we vacate an easement.is•usually the entire strip, but there is a telephone pole just one foot from the new garage wall. This happens to be a corner post, which is used by the �telephone company, the power company, a�d General Television. It would cost in e�;cess of $2,000 to move this pole. The utility coinpanies do no� want to move �his pole, and have given permission for ichis garage to be one foot from the pole. Mr. Drigans asked if this could be a safety hazard. Could someone climb on the garage and then climb ,the pole? Mr. Clark said the pole has no pegs on it, so this shouldn't be a problem. MOTION by Drigan, seconded by Blair, that the Planning Corrimission recommend to Council approval of the vacation request, SAV #74-04, by Jerry Guimont, to vacate an .zrregular strip of land �ying within a Z5 foot utility easement at the rear of Lot Z2, B.Zock 5, Rice Creek P1aza South Addition, Anoka eou�nty, the same being 6551 2nd Street N.E., lying 5outh of the North Iine of said Lot 12, and adjoining the Westerly Iine of said 15 foot utility easemen� described as folZowsa Commencinc� ai the Northeast corner of �aid Lot 12; thence West along the North Zine of said Lvt I2, a distance of 11.50 feet; thence South and para11e1 -.��-� � � Planning Commission Meeting - October 23, 1974 Page 7 with the West Zine of said Lot 12, a distance of 8.40 feet to the point of beginning; thence continuing along said para11e1 line a distance of 24.70 feet; thence West and paraZle� with the North Zine of said Lot 12, to the Westerl� line of said 15 foot utility easement; thence Northeasterly along the Westerl� Zine of said 15 foot utilit� easement to a point 8.40 feet South of the North Iine of said Lot 12; �hence East and para11e1 with the North Zine of said Lot 12, to the point of beginning, to aZlow fhe construction of a 30 foot x 24 foot addition to an existing garage. Upon a voice vote, a11 voting aye, the motzon carr�ed unanimously. 3. OPEN MEETING LAW MOTTON by Harris, seconded by Blair, that �he Planning Commission receive the Zetter sent to the Anoka County Attorney by four citizens of Fridley, and the Zetter from Weaver, Ta11e & Herrick, sent to the Cit� Council, dated October 21, 1974. Upon a voice vote, a11 �oting aye, the motion carried unanimously. Mr. Drigans said he hoped that these four citizens were genuinely in�erested in �he enforcement of the open meeting l�w and not pursuing this m�tter for political reasonso He said he was opposed to the Planning Cammission being used for political purposes. Chairman Fitzpatrick said this is. in the hands of the County Attorney nowo 4. SETTING DATE FOR WORKSHOP MEETING Mr. Drigans said the Pl�nning Commission had set aside one night a mon�h, the same night as the Public Hearing meeting o� the City Council, for having their workshop mee�ings. They hadn't had one in October, and he thought they should requ�st one for November. Mr. Clark said he though� November 18th would be �he Public Hearing night for the Council, because November llth was a legal holidayo Mr< Clark said he thought he should check with the City Attorney, to see if these meetings were in open meeting law. There may have to be some notice meetings. 5e RESPONSE TO MR. HUFF'S MEMO Virgil Herrick, violation of the given for �hese Mr. Harris said he thought Mr. Huff should be invited io make his presentation at the next Planning Commission meeting. 1�IOTION by Harris, seconded by Drigans, that Mr. Huff make his preseritation to the Planning Commission on November 6, .Z974. Upon a voice vote, a1Z voting aye, the motion carried unanimous.Zy. �1 6. RTVEI2VIEW HEIGHTS Mr. Harris saicl he had an occasiQn for visiting in the Riverview i3eights area recentlyd He said that during the flooding in 1965, he had felt that this was a disadvantaged area, and was pleasently,r sur- Planning Commission� Mee�ing = October 23, 1974 Page 8 prised to find what a nice area this has becomee He said it had a small town atmosphere with very light �raf.fic. He said he was �� impressed with the neighborliness shown, and a lot �f people were just out walking. Mr. Clark said this area had come a long way in the last few years. Mro Harris said the lighting in the area was very we11 done. 7. N.S.P. UNDERGROUND UTILITY RATES Mr. Clark said there was so much ccnfusian on how N.S.Pe charged for underground utilities, and as the Planning Commission usually requested underground utilities on new plats, he thought a represent- ative of NeSoP. should be asked to a Planning Commission meeting to explain their policyo Mre Fitzpatrick said Mr. Clark should make these arrangements and if the representative could come �o their next mee�ing on November 6, I974, �his could be added to the agendae Chairman Fitzpatrick adjourned the meeting at 9:50 P.M. � Respectfully submit�ed, � ,. .� G��?.,Ti� 2�.-�.� Doro�hy enson, Secretary . � � ,,. . - --- ------ -- --- — '— ----------------________ _ .�_ ---- --- — - --- — --- � � `� ����� - -----_-- ---- ----------- ------ __----------- - -- -----_--------- �� - --_- --_ - -_- ---_ -- ----_ ----------� — ���* �--- --- ---- -- `"' � � L _ � "" G � C2� v� iJ _ " 's�'N �-- i �`� > � � �jQ�j r —� �/V✓�iM�•v f%/l • �'�%�---- -- -------_� — � � =—�— ..� `-/--�` �= --------- — :, . � r, ! � � E< <�v�'� ' � � �,, � � �� � . -------� �� =��''.�� �.� �r_,�.�c_-„�,✓� ---�—�'�=�-��� -- , a � ` _.. _ —�'` --- -- -- ---- -1��-1- � ----------__-__�l�_o�� � -� � �'. -- , __.____ r---__._ ----------------___—_--- ------------------------- �---- ----- ------ ----------------- ------ ------------ ------------------ -- _-______ __1