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PL 05/07/1975 - 7511;,"`i � �� � PLANNING COMMISSION MEET City of Fridley AGENDA �IAY 7, 1975 CALL TO ORDER: R�LL CALL: APPROVE PLA{VNING COMMISSI N MINUTES: APRIL 23, 1975 RECEIVE BOARD OF APPEALS UBCOMMITTEE MINUTES: APRIL 29, 1975 1. 2. 3. 4. � 11 ' PAGES 1 - 19 2Q - 21 CONTINUED: RE UEST OR A LOT SPLIT, L.S.:,#71-08, BY CLIF= • 22 - 3Q FORD J. THOE: To sp it off the Westerly 70 feet of the South�rly 123 feet, xcept for that part�taken far highway purposes, of Lot 18 Block 2, Central View Manor, to split the residence from t e service station property, the same being 7240 Central A enue N.E. PUBLIC HEARING: RE EST FOR A SPECIAL USE PERMIT, SP 31 - 35 #75-03, BY ORVILLE J COBSON: To aT]ow the construction of a second accessor building, a 24 x 24 foot garage on the South 100 feet of Lot 7, Block 2, Brookview 2nd Addition, per Fridley Ci�y Cod�s Section 205.051, 2, A, the same being 6606 B.00kview Drive N.E. PUBLIC HEARING: REZO ING RE UEST, ZOA #75-03, CITY OF 36 - 42 FRIDLEY: Rezone from M-2 heavy industrial areas to C-2 general business areas), a previously public owned parcel, part of Lot 3, Auditor's Subdivision No. 39, so this property will be zoned to conform with the present use, the same.being 3 20 East River Road. REQUEST FOR TREE RE��10 AL: ISLAiVDS OF PEACE" �3 5. PLANNING COMMISSION R ORGANI2ATION STRUCTURE Information will com under separate cover 6. RECEIVE BIKEWAY PROP4 AL ��.�' � ADJQURNMENT: . � � �� � �r b73) � 3� .` �' . � 111y � �n�r ✓ �`�'f � PLANNING COMMISSION P�IEETING CALL TO ORDER: CITY OF FRIDLEY APRIL 23, 1975 Chairman Harris called the meeting to order at 8:05 P.M. ROLL CALL: PAGE 1 Members Present: Meissner, Lindblad, Harris, Drigans Members Absent: Peterson Others Presen�: James Langenfel.d, Ex-officio Member Darrel Clark, Community Develnpment Administrator AP,PROVE PLANNING COMMISSION MINUTES: APRIL 9, 1975 MOTION by Dz:gans, seconded by Lindblad, that the Planninq Commission approve their minutes of the April 9, 1975 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanirnously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SU6COMP�IITTEE MINUTES::APRIL 10, 1975: Mr. Lindblad said there had been several changes in the proposal by W. R. Stephens for a new and used car dealership, but he thought these should be taken up at the time of the consideration of the Special Use Permit. �� MOTION by Lindblad, seconded by Drigans, that the Planninq Commission receive the minutes of the Building Standards-Design Control 5ubcommittee meeting of Apri1 � 10, 1975. Upon a voice vote, all voting aye, t_he motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCQMMITTEE MINUTES: APRIL 15, 1975 MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Board of Appeals Subcommittee meeting of April 15, 1975. Mr. Drigans said that on page 8 of these minutes, there was a motion asking an interpretation of the code. He said he had received this interpreta�tio� and it was that a variance could not be granted to allow a use that was�specifically excluded in a certain zoning. ' UPON A VDICE VOTE, a11 voting aye, the motion carried unanimously. 1. CONTINUED: PUBLIC HEARING: REZONING RE UEST, ZOA #75-02, BY WYMAN SMITH, ATTORNEY FOR RICHARD PO1lLITZKI AND THE FRIDLEY FRONTIER CLUB: To rezone from C-1 local business areas to C-2 general business areas , Lot 1, Block 1, Walnut Addition, to bring the existing use of the property into a uses permitted category of the . City Zoning Code, the same being 7365 Central Avenue N.E. n Public Hearing open, Mr. Richard Povlitzki and his attorney, Mark Haggerty were present. Mr. Haggerty said that what he had said at the April 9, 1975 Planning Commission meeting was still the same, but he would like to add some additional comments. He said it had been brought to his attention that one of the primary concerns on this property was the parking. He said that on the plan drawn up by the City staff, there Plannin Commission Meetin - A ril 23, 1975 � Pae2 P"� were approximately 64 parking stalls. Undex�the present City Code, they need a ratio � of 4 to 1 which was one stall for each 4 occupants. He said that Mr. Povlitzki in his remodeling plans, has proposed a seating capacity of 287. He said the 64 stalls would only allow a seating capacity of 256. He said they proposed at this time, in order to obtain the rezoning and trying to get a liq.uor license, that they would purchase or rent property within 500 feet of the Frontier Club, possibly even just south of this property, so the ratio would be brought up to a three to one ratio. Another alternative would be to reduce the seating capacity. He said that either way would comply with the liquor ordinance that was being proposed by the City Council. Mr. Haggerty said he was asking 'the Planning Commission to recommend approval of the rezoning request so this long established business could comply with the zoning code. MOTION by Meissner, seconded by Lindblad, that the Planning Commission close the Public Hearing on the rezoning request, ZOA �''75-02, by Wyman Smith, attorney for Richard Povlitzki and the Frontier C1ub at 8:15 P.M. Upon a voice vote, a11 vot�ng aye, the motion carried unanimously. Mr. Drigans said he had looked at this facility and had taken into consideration the problems they have had. He said he was concerned about the parking, and the problems they have had outside the building. He said that the two complaints we have had, had nothing to do with the operation of this business on the inside of the Frontier Club. He continued, that this was an established business and had been there for � many, many years, and a1l;hough the ownership has changed many times, the business h�s ` stayed basically the same. He said the present owner has been there many years. He felt that if this was a new facility, he would not recommend that this area be rezoned for this use. He said this propert;y was already in a commercial zone, and the zoning �hange would still be a commercial zone and that whether this was classi�ied as a local business area or a general business area, that wouldn't change the clientele coming to this establishment. MOT�'ON by Driqans, seconded by Lindblad, that the Planning Commission recommend to the Council, approval of the rezoning request, ZOA #75-02, by Wyman Smith, Attorney for Richard Povlitzki and the Fridley Frontier C1ub, to rezone from C-1 (1oca1 business areas) to C-2 (general business areas),Lot 1, Block 1, Walnut Addition, to bring the existing use of the property into a uses permitted category of the City Zoning Code, th� same being 7365 Central Avenue N.E., with the stipulations that adequate parking be provided and the landscaping and 3ighting plan be reviewed by the Buildzng Standards- Design Contr.ol Subcommittee. Upon a voice vote, a11 voting aye, the motion carried unanimously. /'� 2. CONTINUED: PUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT, SP #75-02, 3Y WYMAN SMITH, ATTORNEY FOR W. R. STEPHENS, JR: To permit the sale of new and used cars, per Fridley City Code, Section 205.101, (3, B) and (3, G) in a C-2S zone (general shopping areas) to be located on Lot 1, Block 1, Pe�rson's Second Addition, the same being 7701 East River Road N.E. Public Hearing open. Mark Haggerty, Attorney, and W. R. Stephens, and Roland Benjamin were present. MOTION by Meissner, seconded by Lindblad, that the Planning Commission receive the minutes af the Environmental Quality Commission meetinq of Apri1 i5, 1975. Upon a voice vote, al.t voting aye, the motion carried unanimously. � L � Plannin Commission Meetinq April 23, 1975 Page 3 Mr. Haggerty said they had been making changes on their proposal right up � to the beginning of this meeting, so he would like to confer with his client bef,ore he made his presentation. He said he thought Mr. Clark could explain some of the revisions in the plan. � Mr. Clark said that this had been before both the Environmental Quality Commission and the Building Standards-Design Control Subcommittee since the Planning Commission had seen this proposal. lie said that Building Standards made several revisions to the proposal, including revising the plan for the front of the building and the parki�g areas. He said that some of the City staff and representatives of W. R. Stephens had met that morning, and afterwards they both went back and drew up a pTan on what had been discussed. He said that both plans had been brought to this meeting and were basically the same with a display area in the fro�t of the building. The main difference in the tvro plans was that the City was proposing a free standing pylon sign, which might be difficult to install because of the overhead wires. Mr. Clark presented the design for pylon signs as drawn by the Ci•ty staff. He continued that there had been a couple of inquiries from the petitioner �n regard to the stipulations of Building Standards. One of the stipulations was that the existi;ng concrete slab in front of the building be cut in a wedge shape. The petitioner said that because of the thickness of this slab, he would rather not cut it, and would rather limit the number of cars that could be-parked on the slab and use redwood planters two feet high, in this are� to add to the landscaping. He said the other question the petitioner had was on the stipulation 6y the Environmental Quality Commis� sion t�at there be no access to East River Road from this property. Mr. Clark said that in the discussion two weeks ago, it was brought out that when this property was platted, there was one access given to the two C-2•S lots, the one the petitioner wanted to use and the lot to the North. The plan shown has the driveway centered on the property line so there would be one access for the two lots. Mr. Clark said they also discussed many types of lighting plans and the various types of fixtures that were available. He said that all the lights would be totally directional. Mr. Harris asked that if the pylon sign couldn't go under the overhead electrical wires, where could it go? Mr. Clark said that a pylon sign could probably be used, but not at the height shown. He said the proposed sign was limited to 25 feet by the City Code. Mr. Lindblad said that he remembered from previous discussion that no light or sign could be over 20 feet in height, because of these overhead wires. Mr. Clark• said the petitioner would like to haue a wall sign and were told that �this would - have to be located on the warehouse portion of the building instead of the snow room, and the�etters could only �e 2 1/2 to 3 fee� in height. Mr. H�ggerty said he thought Mr. Clark had answered some of the questions that were asked�at the April 9th meeting on the appearance, lighting and landscaping for this proposal. He said he would like Mr. Herb Bacon of Bacon's Electric to explain how the lighting has been worked out for this proposal. He said the lights would be 25 feet in height instead of 20 feet as mentioned at the last meeting, but they were reducing the candle power. Mr. Bacon explained where the lights would be located and said they would be directional and adjustable so there would be no lights shining into the traffic on �East River Road or into the residences across the street. Mr. Bacon had a brochure n showing the type of lights that would be used. Mr. Langenfeld said he would like to read the stipulations recommended by the � Enviranmental Qualjty Commission on this request. They were: Planning Commission Meeting - April 23, 1975 Page 4 _ 1. Noise levels must meet the standards set down in Zoning Ordinance No. 205.112. � 2. Light levels on a residential property after 9:00 P.M. shall not exceed that proposed by a standard 250 watt mercury vapor lamp, located 100 feet from such a residential property. 3. No entranceway or exit shall be established or used on the property along East River Road. 4. We urge that the developers consider the recommendations of the affected residents. 5. The developer consider eliminating the .proposed pole sign for aesthetic � reasons. Mr. Langenfeld said that some of these stipulations had already been discussed at this meeting. Mr. Drigans aske� how the Environmental Quality Commission came up with the specifications for the second stipulation? Mr. Langenfeld said those were the requirements for street lights in residential areas. • Mr. Haggerty asked Mr. Bacon if he could relate candle power to 250 watt mercury vapor lamps. Mr. Bacon said the security lights were only 175 watts and were only on the building, so those were well below the standards set. Mr. Haggerty said it had been stated before that this establishment would be open four nights, Monday through � Thursday, until 9:00, Friday and Saturday they would close at 6:00, and Sunday they would be closed, so that with daylight saving time, the main lights v�ouldn't be on that much. Mr. Haggerty continued that a� far as the noise levels, he thought the traffic.on East River Road would generate enough noise so that you wouldn't hear any noise frorn this establishment. Mr. Haggerty said they would only use as many security lights as they would need for police protection and for security purposes. . Mr. Clark said he thought it should be mentioned that the two Committees who reviewed this plan didn't agree on the sign. One committee said they didn't like the wall sign, put it on a pole, and the other committee said they didn't like the pole sign, put it on the wall. . Mr. Haggerty said the recommendation from Mr. Clark's office was to have the pylon sign. Mr. Haggerty said there were power poles on this property and also a very deep drainage ditch along East River Road and they would have to stay away from these areas with a pylon sign. He said a pylon sigh such as was proposed would cost approximately $10,000. and that Mr. Stephens was already investing around $100,000 � in this property and did not want to spend this much for a pylon sign. He said that also, in their franchise for a Datsun dealership, it states that they have to have a � particular sign, and a pylon sign would not meet the franchise requirements. They say that each one of the letters has to be six by six, and the only way they could meet that requirement was to have a wall sign on the building. He said there was ^ a small sign in existance along 77th Way in the southwest co�rner of the lot. They .� would like to keep that sign. There was another small sign on the driveway area of this property on East River Road, and that sign will be removed. Mr. Haggerty said there would be 90 parking stalJs on this piece of property. �� Planning Commission Meeting - April 23, 1975� Page 5 He said he didn't think they would need that many parking stalls to begin with, and � if they got too many cars on the lot they would use auxilliary parking in some other are�;. We will not congest this area with too many automobiles. The ninety stalls do not include tre parking space inside the building. He said that Building Standards had requested that they have slats all along the back fence. Ne said that at the present time there was a fence that went along the property line for Barry Blower, and for security reasons, we wish to leave this fence as an open chain link fence. He said there was also a proposal to put in another fence that would run parallel with East River Road, and this fence be a solid decorative fence. He said this would cause security problems also, because someone could go behind this solid fence and strip a car in a matter of minutes. Mr. Stephens presented a material, a treated metal panel, that they proposed to put in this fence in a sort of checkerboard pattern, that would alternate open spaces with�this material. It would give the appearance of a solid fence, but it would be open enough to satisfy security. Mr. Stephens said � a solid fence could create security problems for Barry Blower also. Mr. Haggert�' said he thought':this answered the questions that were raised at the last meeting, and he would be glad to answer any additional questions. Mr. Lindblad, Chairman of Building Standards, said he was satisfied that there be some decorative treatment to the fence that ran parallel to East River Road, and he didn't remember that they asked the chain link fence on the property line to be slatted. He said he wasn't personally in favor of slatting, because it only looked good for such a short time. He would be willing to agree that this fence be a plain chain link fence. Mr. Haggerty said the main concern was security. � Mr. Stephens said that a Datsun dealership was required to have a standard sign. He said this sign would be placed on the building, which would put it about 150 feet � to 175 feet from East River Road and it would be completely illuminated from behind the sign. It would not be a neon sign. The light from this sign would not extend beyand the show room area. . 0 i''� � pon Leivermann, 7847 Alden Way, said he tt�ought it was poor planning to have a retail operation at this location. He thought it would increase traffic and would be better located some place else in Fridley. Paul Burkholder, 7860 Alden Way N.E., said he still felt this was totally incon- sistant with the make up of ihe area. He said that East River Road was not a commercial strip. He continued that for the last couple of weeks he made a�note of where other car dealerships were located in other communities. He said they were all clustered around major arterial highways. Some examples were Brooklyn Center, Roseville, Golden Valley and White Bear Lake, etc. Mr. Burkholder said he thought this property was zoned wrong in the first place. He said he would like to know what the original developer intended for this property when it was zoned C-2S. He said that Mr. Clark had pointed out the alternate uses this property could have, but no one has come forward asking to use this property for any of those alternate uses. He said he thought the reason car dealerships required a Special Use Permit was because people got emotion- ally involved when such a proposal came for their neighborhood. He said he personally had a real estate investment of $150,OOO�within 40 feet of this property, and his personal home was five blocks away, so he felt he had a substantial investment that was being jeopardized by this operation coming:into this area: He said he thought the real estate values would go down if this request was granted. He said all the talk about the need for security was beginning to bother him also, as he hadn't thought of- that before. If this car lot drew the type that stripped cars, then how about his tenants cars who live in the four plexes directly across the street. These cars would be vandalized also. He said he would have to assume that Mr. Stephens would be Plannin Commission Meetin - A ril 23, 1975 Pa e 6 successful in this business and it was his personal feeling that this business would T"� be expanding to the lot north of the present site, and the t�o lots would be one big car lot. Mr. Burk'riolder said he had no personal vendetta against Mr. Stephens, and as a businessman and a real estate broker, he could see that this was a good invest- ment. He said they had made the statement at the last meeting that they would do all that had been requested to get this business at this location. Now they are hedging on the sign and the fences. He said he didn't feel that the lights could be confined just to this property, unless he didn't know his physics. He said he would like a signed statement from Mr. Stephens that he would never expand this business. Elaine Hartmann, 119 Craig Way N.E., asked what assurances we would have that !,4 Mr. Stephens would do what he had promised. Chairman Harris said there were certain tools that the City had at their disposal ' � in issuing a Special Use Permit. There would be stipulations made that would be �binding on the petitioner. Another tool would be a time limit on the Special Use Permit, so that after a set period of time, it would be up for renewa]. A1' the stipulations wauld be reviewed at the time of renewal to see that they. were being met. Mr. Clark said that another requirement for a car lot was that there was a yearly license required. Mr. Haggerty said that the residents of this area had voiced concern about the traffic problem caused by a new car dealership. He said he would like to read into the record some statements made in a letter he had received from Mr. Stang who has � A-1 Motor Sports at this same location. He �aid Mr. Stang had reviewed his sales � slips from December 1, 1974 to February 28, 1975, a three month period, and they numbered 668 actual purchases. There were 77 shopping days during this period which made the average sales per day 86.7. He said Saturday's were slow, so this would average.over 90 sales a day during the week. Even during a s1ow time of the year,, Mr. Stang�said he had about 15 people a day who did not purchase anything, and that in addition, as they carried so many different lines, they had about 4 peddlers a day call at this operation. Mr. Stang continued in his letter, that they had training classes for children, 5 sessions, 4 days a week, each week, on snowmobiles, 2 sessions for 10 days on motorcycles. He said each class had between 50 to 75 children who were delivered and picked up by their parents. Mr. Haggerty said the point he was trying to make was that the car dealership expected about 50 contacts a day for service and sales, which would be much less than the contacts that came to A-1 Motor Sports, so you can't say that this use will increase the traffic, it could in fact reduce the traffic. Mr. Burkholder said he would have to see those figures for A-1 Motor Sports certified before he would believe them. He said this site was on 1 i/2 acres. He thought Mr. Clark should check the size of most other car dealerships, because he didn't feel there was enough room on one lot for such a business. He still felt this request should be categorically denied for this location. Mr. Langenfeld asked Mr. Burkholder if he had made the statement that real estate values would go down if a car dealership went in at this location? Mr. Burkholder said he had. Mr. Langenfeld asked Mr. Burkholder if he had any proof of ^ �this and asked how the real estate values would change if this continued as a snowmobile , and motorcycle dealership, or if it went to a car dealership? Mr. Burkholder said that from his experience as a real estate broker, he believed that a car dealership would lower the real estate values, not right away, but over a period of time, say 5 years. Mr. Narris asked Mr. Clark if this area had been zoned C-2S since the Zoning �� 0 Planning Commission Meeting - April 23, 1975 � Page 7 Ordinance went into effect in 1956. Mr. Clark said this whole area was zoned C-2S until the apartments were put in and that portion was rezoned since January 1956. � Mr. Haggerty said he would like a motion made approving this Special Use P�rmit, and if that motion was made, he would like the drawing 'presented at this meeting by the petitioner to be marked "Exhibit 1". He thought this would facilitate making the motion. Mr. Jonak,,133 Craig Way N.E., asked who would police this operation to see that thesti�pulations of the Special Use Permit were being followed. Mr. Harris said the City staff polices it, and if we put a time schedule on the Special Use Permit, the stipulations would be checked for compliance at the time of renewal. Mr. Jonak said the problem with something like this, once the business was established, it would be hard to get it removed because nobody wanted to rock the boat. The attitude seems to be so they have a little trouble now and again, so what? He said he would like to have Mr. Stephens make a statement that he would be agreeable or amena5le to any legitimate complaint the neighbors might have on this operation, and would make an effort within a reusonable time, say a month, to make corrections or alteration, to eliminate the complaint. He said he wouldn't want to wait one or two years until this Special Use Perr�it came up for renewal before any complaints were rectified. Mr. Haggerty said that Mr. Stephens was always open to suggestions, but whether we could commit ourselves to changes we are unaware of at this time, would be some thing else, but he would ask Mr. Stephens to answer that question. Mr. Stephens said he was aware of the problems that had been discussed at this � and the previous meeting and he could assure the people that he would work closel;� with the City and the City staff to get the job done right the first time. He said they were very interested in getting along with the people in the area, and if they have any objections when this business was in opertaion, he would like to know about them. He said they wanted to join the community and be part of it. He said that as this was not a specific probl•em, it was hard to know how to answer, but they wanted to be a good neighbor and they would do their best to take care of any complaints on . the operation. 0 i''ti Mr. Janak said that no one knew what was going to happen. He, just wanted Mr. Stephens assurance that he would try to make changes on any reasonatile request, within a months time. Mr. Stephens said there was no question but that they would try to comply within any reasonable request. . Mr. Drigans asked how long the Datsun sign would be illuminated? Mr. Stephens said they �vould turn that off when they turned off the display lights, so the latest would be 9:00. Mr. Clark said there was one other thing that hadn't been discussed at all and that was a paging system, which can cause all kinds of problems. Mr. Stephens said they have used a paging system, but they could try one out on this property, and see if it was objectionable. He said they wouldn't put a speaker facing East River Road. Mr. Clark said that as to the noise level standards, you could make a lot of noise if it was just for a short period of time, without �iolating any codes. If we could get some�agreement about these sounds not crossing the property.line, this could eliminate this problem. Mr. Stephens said they would agree to that. Mr. Harris said this could be one of the stipulations. Mary Martin asked the petitioner to come and check the paging system and lights �.rom her front yard after they were in operation. Then they would know what was Planning Commission Meeting - April 23, 1975 � Paqe 8 objectionable or not. This would be a more realistic assessment she thought. P"� Mr. Burkholder said that if this Special Use Permit was granted, that the test driving of cars would not be confined to East River Road and they would be going down the side streets, such as Alden Way, and other streets where people live on that were present at this meeting. He felt this would be an additional hazard to residents of the area. Mr. Meissner asked Mr. Stephens if he had considered using a pocket system of paging rather than a speaker system. Mr. Stephens said they would check into other alternatives. He said he didn't think they were using a paging system where they were now, and didn't know if they would have any paging system outside the building for this operation. Mr. Harris said that maybe one solution to the problem that Mr. Burkholder mentioried of test driving of the cars on residential streets, would be to encourage the road testing in the industrial area across the tracts, and then they wouldn't• have to cross East River Road. Mr. Stephens said this would be the most logical area. Mr. Drigans asked Mr. Stephens if he had any objection to the Special Use Permit being granted to him and be non-transferable? Mr. Stephens said he thought this was a difficult situation. He said not from his standpoint, but how long did any of us know how long we were going to be here. When you have a company, that was a corporation, if something happened ta him, we wouldn't have this permit. He said that when the City has a license law that came up yearly, and a two year renewal on � the Special Use Permit, he thought they would have all the teeth you would want on this property. � Mr. Burkholder asked Mr. Stephens why he had decided to locate• on this particular .lot. Mr. Stephens said it was the size of the building, the size of the lot, it was a pretty well traveled street, the land was adequate for their operation, besides the building was already there, and it would cost a lot more to start with a vacant lot. He said this property fit their needs right to a"T". Mr. Haggerty said he would like to go through tite changes that have been made and go through some of the things they thought should be st�pulations. Mr. Harris said they could take that as a suggestion. Mr. Drigans said he was afraid the people in the audience would think Mr. Haggerty was putting words� in their mouths. Mr. Haggerty said that if one of the members of the Planning Commission would like to make the motion with the stipulations, he would like ta reserve the right to comment on the stipulations before the motion was voted upon, if this was permissible. Mr. Meissner said he thought it mi�ht be worthwhile ta have Mr. Haggerty summarize the things that Win Stephens had agreed to or the major pointsthat they say they were going to do, as part of the Public He�ring. Mr. Haggerty asked if they could have five minutes to go through these items, to make sure they had them all. RECESS: � ' Chairman Harris declared a five minute recess at 9:45 P.M. RECONVENED: Chairman Harris reconvened the Planning Cammission meeting at 10:00 P.M. Planninq Commission Meeting - Apri� 23, 1975 ' Page 9 Mr. Haggerty said that in summary of Win Stephens position in reference to � this Special Use Permit, he would like the plan they presented at this meeting marked as Exhibit 1. He would suggest that the layout and the lighting plan be made part of the motion. The specific lights which we have already shown you, will be 1000 watt mercury lights, which will be approxima�ely 25 feet in height. The second item was the fence. At the present time there was a fence around the entire area. We would recommend that the fence on East River Road be moved back to the front part of the warehouse section, as shown on Exhibit 1., and that this fence have a checkerboard effect, and would run parallel to East River Road. Also, the present fence that was on the back property line be left as an open chain link fence. Any external sounds that may be objectionable to the people in the community will be removed, and this would apply to a period of time. As far as the display signs, we recommend that we be able to place a Win Stephens global sign with the Datsun sign on the face portion of the warehouse building, and that an.y sign would meet the requirements of the sign ordinance, plus we would be al,low�d,ta.xemove the sign firom the north4vest corner of the premises, and the sign on the corner ot tast River Road and 77th Way be allowed to remain. We also renuest that stipulations 1 and 2 of the Environmental Qualiiy Commission meeting of April 15th remain as stipulations. This was in reference to noise and light levels. He said that.in regard to drainage, lighting, building standards, or any thing like that, they were willing to meet all the code requirements. He said this summarizes their position and his recommendation was that a motion be made for approval. Mr. Meissner said that on this Exhibit 1, you intenda to use this layout for your landscaping an improvements as shown on the plan. Mr. Haggerty said they did. � Mr. Clark said that when they were discussing the Datsun sign they said the letters would be six feet high. Mr. Stephens said he thought this size ��as too large to meet the code requirements, and they would conform to the sign ordinance, regardless of what size those requirements were. Mary Martin said she would like to have it stipulated that there be no parki.ng or road testing on residential streets, and also, the people in the area wo�ld like to be notified when the Special Use Permit came up for renewal. MOTIQN by Drigans, seconded by Lindblad, that the Planning Commission close the Public Hearing on the request for a 5pecial Use Permit, SP #75-02, by Wyman 5mith, Attorney for W. R. Stephens, Jr. Upon a voice.vote,.all voting aye, Ghairman Harris closed the Public Hearinq at 10:25 P.l�. N(r. Langenfeld said he just wanted to make reference to the April 9th minutes and this would be based on the very essense of a Special Use Permit, and that was that the City should deem a requisite of considering the effect of such a Special Use Permit on the general welfare, public health and safety. He said he was sure these would be taken into consideration along with the stipulations. Mr. Meissner said we have three stipulations from the Building Standards Sub- committee. Two of them were on landscaping and one was on the lights. He asked if those had been adequately handled in the stipulations by the developer, or do you want additional stipulations? Mr. Lindblad said he thought all the questions had ^ been answered in a satifactory manner. He said that this had been discussed quite � extensively at the Quilding Standards meeting with the petitioner, and that Exhibit 1 was basically what they had suggested. He said it was left open for Planning Commission approval and he thought most of the members approved of the presentation. Mr. Lindblad said the 4th stipulation was only a recommendation because this was governed by the '�J'°'' _ Planninq Commission Meeting - April 23, i975 Page 10 sign ordinance. Ne said we had suggested a pylon� sign, but he had no objection 1'�'�, to the placement.of the sign as presented at this meeting. Mr. Drigans said he thought there were enough pylon signs in the City already. Mr. Lindblad said that on the fence that ran parallel to East River Road, he had expected a different pattern than what was presented, but he had no objection to the checkerboard effect that Mr. Stephens had described. Mr. Haggerty said the material they would be using on this face was very durable and for security reasons, he thought this was the best treatment for this fence. Mr. Harris said he was familiar with this material and it was very durable. Mr. Drigans asked about the slatting of the chain link fence. Mr. Lindblad said he personally wasn't in favor of slatting a fence. They look nice when it was first done, but in a short time they got to be a maintenance problem. He said he would rather see a chain lihk fence that was kept in good repair and weed�free. Mr. Drigans said there was a problem in cutting the concrete s1ab. and he asked the reason why the Building Standards Subcommittee wanted this done. Mr. Lindblad said there had been a 1ot of discussion of this at their meeting also. It was left open that if they co�ld come up with a plan that wouldn't necessitate tearing up all the concrete, that would be decorative, the Subcommittee would go along with that. He said he thought the redwood planters would break up'this area and he thought that was also a satifactory solution. He said you really couldn't expect them to tear out all that concrete just so it could have a certain design. � Mr. Drigans said that on the fourth stipulati�on by the Environmental Quality Commission on denying access to East River Road, he thought that as the lot to the North has to share access with this lot, he saw no reason to deny this property access to East.River Road. He asked Mr. Langenfeld about the 5th stipulation about eliminating the pole sign. He asked if they were talking about a pylon sign��or the two ex�sting signs? Mr. Langenfeld said they had assumed the pole sign would be erec�ed, and this they did not want. Mr. Drigans said he was in favor of granting this Special Use Permit with ce'r,tain stipulations. - Mr. Langenfeld said that he was sure that with all the citizen input and the businessmen involved, that the people were aware that some decisions could be pretty difficult. He said he was just as concerned as the citizens, but he would like to point out that if this Special Use Permit was denied, and even if we went so far as to even think about rezoning this property, we would then enter into what he would call a'down zoning situation' which would be very costly to the citizens as well as to the individual who owns this property. He feels the citizens would have more inconveniences than what now presently exist. Mr. Meissner said that if this Special Use Permit was recommended for appraval by the City Council, there had been concern as to how the stipulations would be enforced. He said 'the responsibility for the enforcements of these stipulations would rest largely with the peopie who are affected by this request. He said the ^ City Council would be putting on the stipulations, and the City staff would be �, enforcing them as far as supervising the construction and seeing that the stipulations were carried out during construction. At the time that the special use is review�d, in a year or two, or at the time of the yearly license renewal, that was the time for the citizens to come in and state the problems they have had with this business. You would have a very valid point at that time, if the stipulations aren't carried out. Plannin Commission Meeting - April 23, 1975 � Page 11 He told the people not to lose their perspective as to how they could take care T""� of some of the problems. Ne said he was sure that Mr. Stephens was a man of integrity and honor and would live up to what he says about trying to take care of citizen complaints. He said he wasn't trying to imp1y anything else, but the people would still have power in seeing that the stipulations were being carried out. Mr. Drigans said this property was zoned properl;y. The Specia� Use Permit required was just a tool the City uses to control certain uses within this zone. Mr. Meissner said a Special Use Permit would be required in any zone of the City for this use. Mr. Jonak asked if it could be a stipulation that all the test driving be done in an industrial area. He felt this could be done if a salesman was with the person trying out the car. Mr. Stephens said it was their policy to usually have a sal.esman accompany a prospective buyer. Mr. Meissner said that once someone was o�•t on a public street, no one can rEally force you to go any place except down a public street. The salesman can ask them to go a certain way, but if the driver of the car says he wants to go a different way, there wouldn't be anything anyone could do. You can't k�ep people off the public streets. He said he didn't think they could enforce the provision that all road testing be done in industrial areas. We could ask that it be encouraged. Mr. Narris said we could ask Mr. Stephens to encourage his salesman to use the industrial area. There are different degrees of encouragement. � MOTION by Meissner, seconded by Driga�s, that the PZanning Comraission recommend to Council approval of the request for a Special Use Permit, SP #75-02, by Ayman Smith, Attorney for W. R. Stephens, Jr., to permit the sale of new and Used cars, per Frid_Zey City Code, Section 205.101, 3, B, and 3, G, in a C-2S zone (general shopping areas) to •be located on Lot 1, BZock 1, Pearson's Second Addition, the same being 7701 East River Road, subject to the following stipulations: 1. That Exhibit 1 be included as part of the record. 2. That the lighting wouZd consist primariZy of bulbs having 1000 watts on poles �5 feet high as shown on the plan, and that said lighting to be reduced to not exceed that produce.d by a standard 250 watt mercur� vapor 1amp, located I00 feet from such a residen�ial property after 9:00 P.M. 3. Fences be in accordance with Exhibit 1. 4. Noise Ievels must meet the standards set down in zoning ordinance 205.112, and further, that tl�ere not be any sounds that are objectionable to the community. 5. The Datsun siqn be mounted on the face of the warehouse portion of the building and not be mounted on a po1e. 6. That the sign on the south side of the building be retained and the sign on ^ the north side of the buildinq be removed. 7. That the entrances remain as shown on Exhibit 1. 8. That this Special Use Permit be renewable in two years. �! Planning Commission Meeting April 23, 1975 � Page 12 9. That this Special Use Permit be non-tr�nsferable and not transfe�red to � another owner without another application being made for a Special Use Permit and another Public Hearing being he1d. 10. No Parking be allowed on residential streets in the immediate neighborhood for business purposes. 11. The test driving be encouraged by W. R. Stephens salesmen to be done in the industrial area and not in the r.esidential area. 12, A1l City Code requirements be met. 13. That the number of stalls on this property be Iimited to 90 parking stalls. Mr. Clark said they had discussed the public address system, and this was probably covered in the 4th stipulation on no objectionable noise. Mr. Meissner said he hesitated in specifically setting publ:c address standards, and said that• personally he would like to see them use a pocket paging system or some non=loud speaker type system. ��r. Clark said the other point brought out at the meeting was that this business not be expanded. Chairman Harris said the Public Hearingdw�o be�heardbunowethatlaheesaipulations a little because there were people who wante had been made. � Mary Martin asked if the people in the area could be notified when this came up for renewal. h1r. Drigans said that this was not done, because the City didn't have the staff to notify everyone of these renewals. He said there were many Special Use Permits that were subject to renewal, and theY;all came up at different times.. Mr. ' Clark said this was usually done by the City Council, and th�re would not be a hearing by the Council or the Planning Commission. Mr. Meissner said that speaking realistically after this has come up for renewal a couple of times, how many problems can be left. n l9 Mr Clark said the first renewal renewal date would be five years after was up to the Council. date would be two years, and maybe the second the first one, you never know, because this Mary Martin said that Mr. Meissner had mentioned that the people in the area had policing power and she wondered if the City would help them in this. Mr. Meissner said the way to do �his was to write a letter to the C�ity, and this would be put in the Special Use file, and then this would be �rought up to the City Council when this permit came up for renewal. Mary Mar.tin said that if there was a written agreement between Mr. Stephens and the City on this Special Use Permit, would the citizens in the area be able to get a copy of this agreement. Mr. Harris said they cauld as this would be a public document. Mr. Stephens askedvhen this Special Use Permit would be renewable, bearing in mind that it would be 90 days or more before they would be in operation. Mr. Clark said they like to have these Special Use Permits come up for renewal during the growing season so that the landscaping and maintenance could be checked at that time. He said that usually an actual date was set, but it usual�ydidn't coincide with approval by the Planning Commission or Council, because this could lead to confusion as to the actual date it needed to be renewed. � : __ � Planning Commission Meeting - April 23, 1975 Paqe 13 Mr. Burkholder said that in the discussion at the last meeting, Mr. Clark � stated that Mr. Stephens could use the lot to the north for employee and customer parking without obtaining a Special Use Permit, because this was an allowed use in a C-ZS zone. Mr. Harris said he could not store or sell new or used cars on this lot without ano�her application for a Special Use Permit for this lot. Mr. Harris said he didn't know the asking price for Lot 2, but he would think it would be a ti.ttle too expensive to use it for an employee and customer parking lot. It would be a matter of economics. Mr. Burkholder said if he went strictly by the code though, Mr. Stephens could lease this property for that use. Mr. Harris said it would have to go to Building Standards and ultimately to the Council if he was going to use the north lot as a parking lot as stated. Mr. Burkholder asked if there would be notification of this request. Mr. Clark said that if it didn`t require a Special Use Permit or rezoning there wouTdn't be any notification. � Mr. Meissner asked if this wouldn't be regarded as an expansion of an cxisting business and be required to have a Special Use Permit? h1r. Clark said he couldn't answer that. He said that he didn't know if it would be enforceable, but if you want to add a stipulation that ihis business couldn'� be expanded without additional Public Hearings so that at least the City Council would be aware of it, and if they wanted to put it in the agreement with Mr. Stephens; that would be their decision. MOTION by Meissner, seconded by Lindblad, to amend the motion with the following additionaZ stipulation: • �, 14. To require that additional Public Hearings be held should any attempt be made to expand this business by the purchase of additional property or in � some other manner. UPON a voice vote on the amendment to the motion, Me�ssner, Drigans, Lindblad, voting aye, Harris abstaining, the motion carried. Upon a voice vote on the motion, Meissner, Drigans, LindbZad, voting aye, Chairman Harris abstaining, the motion carried. ' Mary Martin said she wished to commend the Planning Commission on the very open way this Public Hearing had been conducted, and tnat everyone wa�s g-iven the opportunity to speak. Mr. Burkholder said he would second that. Chairma��Harris thanked them on behalf of the Planning Commission for their kind words. 3. CONTINUED• VACATION REQUEST, SAV #75-01, NORTH SUBURBAN HOSPITAL DISTRICT: To vacate all that part of 76th Avenue N.E. located in Osborne Manor 2nd Addition, lying East of the East line.of 5th Street N.E., to. be used for parking and planning purposes. Mr. Carl Gabriel of 401 76th Avenue N.E. was present. /'\ Mr. Clark said that 76th Avenue east of 5th street was presently un�mproved. The North Suburban Hospital District owns all the property north ar;d south of this street except the corner lot at5th street and 76th Avenue. At our last meeting it was brought to our attention that although this was not a Public -Hearing, the Planning Commission felt that notification should be mad`e to that particular owner, arid Mr. Gabriel was Planning Commi'ssion Meeting - Apri1 23, 1975 Paqe 14 /"'`4 pres'ent so perhaps he would have some comments to make both pro and con on this vacation request. Mr. Clark said that if this street was vacated, it would go back to the present property owners as this street was all dedicated from Osborne Manor 2nd Addition, so it would all revert to the north. He said the City would want to retain all or part of the street right of way for a water and sewer main that goes down about the center line of this unimproved street, for utility purposes. Mr. Clark said there were a couple of other questions that the Planning Commission had and one of them was on the 7 year lease for the park property. He said this was discussed between the Hospital Board and the City Council, and bo�� parties had signed the agreement, so this had to be agreeable to both parties. He said the ownership of the small Qutlot next to the park property was one year away from going tax forfeit. He said the ass�•>sor's office had been notified tha� they wanted to know when this happened so the City would have a chance to acquire it. Mr. Harris asked Mr. Gabriel if he had any comments. Mr. Gabriel asked what the additional 50 feet that would be added to his present lot would do to his taxes? Mr. Clark said he couldn't really answer that question, but he thought the assessing department based most of the value on the structure on a property, and this would still be considere� as one building site. He said that whether a lot was 80 foot, 85 foot, or 90 foot, you wouldn't see a great deal of difference in taxes if the �,., value of the structure was the same, but he didn't know what an additional 50 feet would do to the value. He said this would have to be answered by the City Assessor. Mr. Clark said there would be some restrictions on this 50 feet, and that obviously you could not build a permanent structure on this 50 feet because of the utility � easement that would have to be retained. Ne said that aside from the yearly tax, if improvements were made to 5th Street, which was assessed by the front footage of a property, that would be when you would appreciate the biggest increase in his taxes. He said that after 76th Avenue �vas vacated, and the City decided to put a curb across this 50 feet, who would stand the cost of that? He said he thought the Council should answer this question so that Mr. Gabriel knew whether or not he was going to be burdened with this assessment or whether he was not going to be burdened. P1r. Gabriel asked what the City was going to do with 76th Avenue? Mr. Clark said that if it was vacated, the City would no longer have jurisdic�ion over it. Mr. Gabriel asked who would own this property? Mr. Clark said that Mr. Gabriel would own the 50 feet adjacent to his lot, and the balance would be owned by the Hospital District. Mr. Gabriel asked if there would ever be a cul-de-sac there. Mr. Clark said that one of the stipulations when the Hospital Board wanted to put in the medical building was that 76th Avenue never be used for an access to this property, so the hospital wouldn't be putting a road in. � ^Mr. Clark said the Hospital Board has no plans for this property now.. They did , make the statement that the medical field was changing so fast, they didn't ��now what their needs would be in the future. Mr. Gabriel asked that if the Hospital Board put a parking lot in this area, how close would it come to his property? Mr. Clark said they had to be 100 feet away from 5th Street. This was as close as they could come with the stipulations � Planning Commission Meetinq - April 23, 1975 � Page 15 _ that were put on the Special Use Permit for the medical building. They would �, have to stay 20 feet from the south line of 76th Avenue and 150 feet east of the east line of 5th Street. Mr. Clark said that if the Hospital Board did decide to make this area into a parking lot, they could go on the north side of 76th Avenue also. Mr. Gabriel said the 150 foot restriction could still bring the parking lot right up to his property line. Mr. Gabriel asked what choice he had in accepting this 50 feet. Mr. Clark said the 50 feet would be Mr. Gabriel's to control. He said the Hospital Board may be interested in buying it, or you could deed it to them if.you so desired. Mr. Gabriel said he couldn't understand why this property should come to him. Mr. Clark said this was because the property was originally dedicated from Osborne Manor 2nd Addition, so the property had to go back to that plat. Mr. Drigans asked Mr. Clark if you didn't have to have an agreement from all adjacent property owners before you could vacate a street? Mr. Clark said this was not a code requirement, but in practice we would like to have agreement. Mr. Drigans said that it seems that in this instance that there were two parties involved, and one �ants the vacation and the other doesn't. Mr. Clark said that was the purpose of the Public Hearing before the City Council so that everyone who was affected by a vacation request could be heard. Mr. Gabriel said his main concern now was the additional taxes and that this street was undeveloped and had a lot of blown down trees on it. He said there hadn't been a clean up of this property for quite a while. Mr. Harris asked Mr. Gabriel if he used any part of 76th Avenue for access to his property. Mr. Gabriel said r"'� his house faced 76th Avenue but his garage•faced 5th Street so he had access from 5th Street. He said he would be in favor of having this area cleaned up and sadded. Mr. Harris asked Mr. Clark if there was any reason why the City was maintaining the sewer and water service on 76th Avenue. Mr. Clark said it did service the hospital and the medical office building. Mr. Harris said that as long as they were in use, they would have to retain an easement for this utilities. Mr.- Meissner said they had a lot of these same questions on the Plats & Subdivisions Streets & Utilities Subcommittee wher� they had vacated quite a few streets. He said �hat generally taxes, per se, were not radically affected, because as Mr. Clark stated, most of the value for the property was.placed on the structure. He said any street improvements or storm sewer assessments that are based on front footage of the property was where the impact of higher taxes would come in. He said that Mr. Gabriel would have to discuss this with the City Assessor. He�said the land would not be fixed up or improved in any way by the City when it was handed back to the property owner. When the land was given back after the street was vacated, it then becomes the property owners land to clean up and develop, or whatever they desire to do. As for the potential curb across 76th Avenue, the Planning Commission could stipulate that the City pick up this cost, if they so desire. He said Mr. Gabriel's option was to split off that 50 feet and sell it to the Nospital District, or deed it to them, if that was the way to get rid of it. Mr. Clark said he didn't think he would have to get a lot split. Ne thought if Mr. Gabriel just called the Hospital Board and discussed this with John Haines after he had made up his mind what he wanted to do with the ^ vacated street, and the Hospital Board might be interested in accepting this as part � of their property. Mr. Clark said the comment made by Mr. Meissner that the City might be willing to pick up the cost for extending the curbing on 5th Street, he didn't know if the City would want to absor6 this cost. He said the Hospital Board was in the process of putting in a new parking iot and curbs, and they might be willing to �dd this curb to their construction in consideration of the vacation request. � I� /'\ Plannina Commission Meetin �- Apri1 23, 1975- Pa-�e �6 —. Mr. Narris asked Mr.Wasnrteo 1osed,wbutlhefwould likeetoachecknonrtheptaxd to Zt. Mr. Gabriel sa�d he pp situation. � Mr. Drigans said he could deed this to the Hospital Board and avoid a tax increase. Mr. Gabriel said he would like to see something done if this street was vacated. He said it was just a pile of sand. Mr. Clark said he didn't think it would be out of line to make it a stipulation for the Hospital Board to add top soil and seed this area. He said that if Mr. Gabriel kept the 50 feet, this would apply to him also. He said that if Mr. Gabriel sold this property to the Hospital Board or deeded it to �hem, he could stipulate that they put top soil and seed all of vacated 76th Avenue. Mr. Clark said that Mr. this meeting and the Public decision before :�at time. Gabriel should check with';the City tax assessor between Hearing by the City Council, so he could come to some MOTION by Meissner, seconded by Lindblad, that the Planning Commission recommend to Council approval of the request for a v�cation, SAV #75-01, by North Suburban Hospital District, to vacate a11 that part of 76th Avenue N.E. Iocated in Osborne Manor 2nd Addition, lying East of the East line of 5th Street N.E. to be used for parking and planning purposes with the following stipulations: 1. The North Suburban Hospital District bear the cosr of the completion of the curb alongSth Street N.F. 2. The vac�ted.roadway be improved with top soil and seeded to provide ground caver. �Mr. Clark said that reta�ning of the utility easement should have been included as a stipulation. MOTION b� Meissner, seconded by Dr�.gans, to amend the motion with the additional stipulatian that the City retain a!util�tyeasement on the entire street right o� way. Upon a voice vote, the amendment to the motion carried unanimously. UPON A VOICE VOTE, all vo�ing aye, the motion carried unanimously. 4. CONTINUED: REQUEST FOR A LOT SPLIT, L.S. #71-08, BY CLIFFORD J. THOE: To split off the Westerly 70 feet of the Southerly 123feet of Lot 18, Block 2, Central View Manor, except that part taken for roadway purposes, to split the residence from the service station property, the same being 7420 Central Avenue N.E. Mr. Clifford Thoe and Mr. Charles Jordon were present. Mr. Clark said this was discussed back in 1971 and 1972. He said there had been discussion on this by our City Attorney, Plats & Subs., and the Planning Cominission, about if this lot was split�off, what the disposition would be of the prope�rty if it were ever sold. At th�t time, the Planning Commission wished to have a stipulation placed on the lot split that the lot could never be sold to anyone exce�t the owner of the commercial property from which this lot split was being taken. At that time, Mr. Thoe felt he could not abide by this stipulation because it would only give him one buyer for the property, and if the service station owner only � � Planning Commission Meeting - April 23, 1975 .Paqe 17 wanted to give him say $2,000 for this property, he couldn't go elsewhere to sell his property so he wouldn't have any bargaining power, so h�.withdrew his request. He said this was what Mr. Thoe would like to discuss with the Planning Commisson at this time, to see if they could come up with an alternate solution. Mr. Thoe said that this stipulation left him without any bargai_ni_�g power at all. Ife said he had been asked to have the property surveyed and this he had done. ��r. Thde "saidthat he had been to the Board of Appeals for a variance on the setback lines on this property before he had the survey done. Mr. Thoe said that one of the objections to this lot split was that he would need a sewer and water easement on this property. He said he was connected to the sewer on Central Avenue and he got his water through the service station. He said he would p.robably need an easement for the water. Mr. Clark said this water would have to come from 73 1/2 or Central Avenue, because there was no water on 73rd. Mr. Thoe said they had taken 33 feet of his property for 73rd Avenue, so the residential part of this property was 70 x 90 feet. Mr. Clark sai�d this only made about 6300 square feet, and our minimum residential lot size was 9,000. Mr. Clark said this house was on commercial property so at pres-,it it was a legal non-conforming use. He said that what Mr. Thoe was worried about was that if at some time he wished to sell this property, he couldn't sell it to anyone except the service station owner, and the service station owner knows he has to sell to him, so he would have no bargaining power. He would have to accept less for this house than if it was placed samewhere else. The problem he sees was that he could not go some- where else and buy this same type house and garage for 'the money he would realize from the sale of this property. If he could offer this house to more than one buyer, he could get considerably more for his property. This was why he didn't want to be tied to this stipulation. � Mr. Lindblad said that as this property falls into a legal non-conforming use, it would be governed by the regulation that if it were more than 50/ damaged by � fire, wind, etc., it could not be rebuilt. Mr. Clark said it could not be rebuilt as a house. Mr. Clark said that another concern they had when this was first considered was that we would be creating a 6300 square foot parcel in a commercial area. If this does not meet the code as a residential lot, it certainly wouldn't meet �he code for a commercial lot. We were trying to look into the future and not have one piece of commercial property under two ownerships. He said Mr. Tnoe would like to see that too, but financially he didn't think he could afford it. Mr. Harris said this was still one piece of commercial property then, it hasn°t been split. Mr. Clark said it hadn't. Mr. Meissner said he was a member of the Plats & Sub. Subcommittee when this first came up for discussion. He asked if there was any �hing that had changed since �this was discussed a few years ago? Mr. Clark said no, but that now Mr. Thoe knows � where the sewer service was, and it wasn't on the parcel of ground he wanted to split off. He said the drawing that Mr. Thoe had provided at that time had proved quite � accurate when you compare it to the verification survey he had just obtained. He said Mr. Thoe had indicated that the garage for the hause and the service station were 4 feet apart, and they are actually 4.6 feet apart. ^� � Mr. Meissner asked who owned the property directly to the west. Mr. Thoe said it was John Haluptzok. Mr. Meissner said he had looked at this property, and �y the appearance of the fence, it would give theimpression that you own that property also. Mr. Thoe said that Mr. Haluptzok liked the fence Mr. Thoe put up, so he put one up just like it. - 1975 � Paqe 19 Planning Commission Meeting - April 23, - Mr. Lindblad asked what would happen as far as insurance if this house was damaqed more than 50/ of its value, but was not a•total loss, and it could not be _ - � �_._ ,,,,,,,�nv.mi nn tICP? Planning Commission Meeting - April 23, 1975 � Page 18 Mr. Harris said that according '�'` 2 feet off the property line of the would be quite close. � � to the survey; th� service station would be property he wants to split off. He thought this Mr. Clark said he could appreciate Mr. Thoe's problem, but he felt that the City had to be protected also in not letting this problem exist for a long period of time and let it continually change hands. Mr. Meissner asked that if this property were split off, would the remaining service station meet the code requirements. Mr. Ciark said it would, but they had requested the variances for the service station because they wanted to make some changes. He said this was what brought this lot split back for reconsideration. '. Mr. Harris asked how long the service station had been in exister�ce? Mr. Thoe said tne-�house and service station were built by the same person in 1949. Mr. Harris asked Mr. Clark if the City st-ff had any recommendation on this . i reques�. Mr. Clark said they didn't. The solution to the problem would be if the en�tire property could be under one ownership. Mr. Jordon said he was not financia�iy�, able to purr,hase both the service station and the house. Mr. Thoe said that if he could, he could make arrangements to rent the house. , Mr. Clark said that as long as the house was in existence, it did make the cost prohibitive for the service station owner to purchase this part of the property. He said if this were vacant land, the cost would be more in line. Mr. Thoe said the reason this parcel that he wanted to split off was so small was because the City took 33 feet of this property for 73rd Avenue. Mr. Meissner said that at the time of the ori�inal request the possib�l7�y of granting the lot split with an agreement that the only person the petitioner could sell that lot to would be the service statian owner was not acceptable to Mr. Thoe. He asked Mr. Thoe if this was still unacceptable to him. Mr. Thoe said it was, �nd he hoped the Planning Commission could come up with an alternative. Mr. Thoe said he had a letter from the City saying that some other property had been handled that same way; he thought it was Noliday. Mr. Clark said he didn't have a copy of that agreement at this meeting, and wasn't sure what property the agreement covered because Hol�day had property scattered all over. He said he didn't think there were lot splits involved for Holiday�. This had been a rezoning request, unless this was covered in the agreement for rezoning. Mr. Harris asked what would happen if this part of the property was split off, and at some future date the house was demolished. Would the City then be in the position of having to issue a building permit for this property for a commercial endeavor? Mr. Meissner said this would be a su.bstandard lot with no previous legal non-conforming use as commercial property, so what could you do with it? Mr. Harris said that there c�uld probably be a covenant with Mr. Thoe that in the eventuality that the house was destroyed that the owner of that property would never request a permit to rebuild a house or a permit for a commercial endeavor __._�___ il"_ �.__�_._.�.. ...... ..........J 1�.. ..... ...J.�.....�..+ ......�...... i.� ..nmmi.v.�rn� nv.nnnv�i-v ut� calli THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF APRIL 29, 1975 �� The meeting was called to order by Chairman Drigans at 7:33 P.M. e MEMBERS PRESENT: Drigans, Plemel, Wahlberg MEMBERS ABSENT: Crowder, Gabel OTHERS PRESENT: Howard Mattson, Engineering Aide MOTION by Plemel, seeonded by Wahlberg, to approve the minutes of the April 15, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Drigans read to the Board the memorandum from the Public Works Director to the City Attorney that requested the legal opinion asked for by the Board in their minutes of April 15, 1975. MOTION by Wahlberg, seconded by Plemel, to receive the memorandum from the Public Works Director to the City Attorney dated April 21, 1975. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans then read to the Board, the memorandum from the City Att�rney to the Public Works Director in answer to the above memorandum. MOTION by Wahlberg, seconded by Plemel, to receive the memorandum from the City Attorney to the Public Works Director in regard to the interpretation of the Code that was requested by the Board. Upon a voice vote, there being no nays, the motion carried. Mrs. Wahlberg noted that she had also requested a report on the action taken � by the City on non-conforming uses in the past. • She said that possibly this report just wasn't ready yet. 1. A REQUEST FOR A VARIANCE OF SECTION 205.153, 1B, FRIDLEY CITY CODE, TO REDUCE THE REQUIRED LOT AREA, FOR A LOT RECORDED BEFORE DECF1`4BER 29, 1955, FROM 7500 �UARE FEET TO 5500 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A DL4ELLING TO BE LOCATED ON LOTS 53 AND 54, BLOCK I, RIVERVIEW HEIGHTS, THE SAME BEING 528 GLENCOE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY TRI-CO BUILDERS, TNC., 7555 VA13 BUREN STREET N.E., MINNEAPOLIS, MN.) MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Jim George was present to present his request. A survey of the lots and the house plan proposed were shown to the Board. Chairma.n Drigans asked if they had built this house on other lots in the area. Mr. George said they have not built this identical plan before, but they have built houses on 6 other sites in this area. Mrs. Wahlbe�`g asked how recently the other houses were constructed. Mr. George said they were built in 1970 and 1971. Iie added that they had built on building sites that were the same size as this, and that also had no available land to either side, and the City Engineer had allowed them to build without coming before the Board so this procedure was new to him. � Mrs. Wahlberg asked if there was a hous� on the property to the west of these lots. Mr. George said there was an older house on those lots. Mr. Mattson stated that there were two newer homes to the east of these lots and the one older house to the west with three newer houses further west. Mrs. Wahlberg ' Page 2 The Plinutes of the Board of A�peals Subcommittee Meeting of April 29, 1975 _ �1 asked if there are people living in all the new houses. Mr. George said he wasn't sure if they were all sold yet or not. � Mr. George stated they do own one other building site in the area, but not in the flood plain, that they will also have to get a lot area variance on. Chairman Drigans asked what type of house they are proposing. Mr. George explained that it will be a 24 foot by 40 foot split entry dwelling that will have a deck running partially on two sides of the upper level. He said this deck will give the dwelling more appeal. He said the lot being the way it is, it is virtually impossible to build an attached garage but a garage could be built in the back yard. Mrs. Wahlberg asked if a garage is proposed. Mr. George said they will not be building a garage because of construction costs the way they are. He said they felt this dwelling could be bought by a younger couple, who could not afford both a house arid garage, and possibly they would be able to build a garage later according to their financeso Mrs. Wahlberg said that the survey shows a hard surface driveway, and she asked if this was going to be installed. Mr. George said they thought they had to install it per the Code, but after talk;ng with the.Building Inspector, they found out they would only have to instali a gravel or similar type drive. He said they will install the hard surface drive as that is how they submitted it to F.H.Ao MOTION by Plemel, seconded by Wahlberg, to close the public hearinga Upon a voice vote, there being no nays, the motion carried. . Chairman Drigans said that it has been more or less a rule to grant variances on undersized landlocked lots. He said the Board has given their approval on several of these lots so the Board has been consistant. Mro Mattson added that � lot area variances were granted on Lots 45 & 46, Lots 47 & 48, and Lots 49 & 50, all in Block I, in April of 1974, and on Lots 55 & 56, Block I, Lots 13 & 14,and Lots 15 & 16, Block H, in February of 19730 Mr. Plemel added that this structure will be an improvement to the areao . Mrs. Wahlberg said in view of the fact that there are no other variances needed as the house fits on the lot within the Code, and because it will improve the area, she had no objections. MOTION by Wahlberg, seconded by Plemel, to recommend to the City Council, approval of the variance for a reduction in the lot sizeo Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman Drigans at 8:00 P.M. Respectfully submitted, t� a f MARY HINTZ Secretary r� Form #5-68 �� '� � � � ai q (i� � U � -� .� �d � � � o �` .� P' � � - � a�w�o � � � � 4-r O � U o� v�.� a� � � m � � � p U 00 O� � =r�-1 � ��� w U � � LOT SPLIT APPLI CATI„ 4,�fd ,_ CITY OF FRIDLEY ,, . APPLICANT: :� � . ti � A.DDRESS : � %.�i �i� ��i7ft'� �`ici��< .5".5"�Y3 f $treet City � p Code TELEI'HONE # 71� 5 l3 5 G'�� "� 3,� � Home Business IPRdPF�TY OWNER ( S) t�T r4' , ��� l, ,.�,; r' Clifford J. Thoe � �l �2 n �a��i�� �a+'�z::�w�e���'sr0as:a: � Applicant'e Name f Lot Split 71-08 �I ;� Date F�.led; 6 3 71 Fee:�15.00Receipt ',5��,�,�; Caunc�.l Aation: ]��> �.:� ! �.«.,m� ,{ REMARKS �' � _ _,.: ADDRFSS�( ES � S ��� �? � Street City Zip Cale Street City Z�p Cod� TELFAPHOPdE #( S ) Home Business Property Location on Street ? �� or E�cact Street Address (IF ANY� `��'�U anc� 7.x.S"t� ��..���l�`�rt�,�.r, ;, � _,r�__.,_.._._ Legal Deacription of Property: . , f- l S'� PuJ /�%�3 r�o v` v�� �:� Reason for Lot Split: y;,.�' f: `� �f,.�C�%-�� 7� ��-;�2��� �-� ,� , , , �-- (`' � / � l f / � / ; .�i Je'ri�ii'E� _);`e��i �`c-._, : c, SS z'ti �;����<�t'r �s �0 �� �i+'�C�� iS'F'_ ,dU�_r�i�P_S�� —� ----- rv.i ,/� Fr � � C" r � r �� Total Area oi Prope-rty;��Zcot� sq. ft. � Present Zonir� Cl,ase���.cat��� The undersigned hereby declases that all the facts and representations stated in this application axe true and correct. /� - ,. „ /�, �,,--� C �i j r /� DATE: .G ?/ SIGNATURE � * ��`�-��--(' , BII,OW FOR CITY USE ONLY (Se� 7�eve �+e eide_/ior additiox�,a1 is��tr���3�:^?'�� PLATS & SUBS: Date pf Consideration - Remarks: /� PLANNING COMNiISSION: Date of Caneideration - � �amarkas CITY COUNCIL: Date of Consideratiox� - Aea�e►rk�e t � . .. - - . 7 � :�'1 A � , / , , . , / �j��z.- �-���-�--� / _ ' , v' .� . � '� ��� ��-����;� . � _-�� �Z�c� / � � � . � . � ��� '7S � ,. . �3 . � �� / s� -# �/- o� �= /� 5- . � � /_- /�j /�� � � �'a�-t r�l (�e�;,a / I��.v r� � /:_:_ � I / �� ' �,r/�.�Gy;�ti2-�'�, 4'Y-�--� � V (/ � /, � "h ��`~ . �j�� _{,J CC ✓f� "' ,G-,/� ,�t-G /�, �� r' ,-----. � . � -- {, �� J �� � ��-%'.v G�'. _ `� y�i�' �/� �; -��2� '����J � � . . . �� �xo 4��� ��"�--� `t �'-�''��-� � / �i� ,t,_' �.� �-e:•_� e. %.-- � ____� � %` .f.� ��� �i,.�r_L����_._ � _// // , �% 4i�'.,�:%Gtir/..��t2^-r��-- -��"�C. � //. 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N h, � 4-0. � _.. �. .�.� , ,�� ql. p-' 1 GTa�Y ` � . o �, �LOCK�6a�c��: ; � SERVICE � � STRi(ON ,. r,_ - - - - -..x � �,- °�`G��a�� � � 24.2 � ^` Y 2�+. � � r � \.� �\- y;;�l•i � � �"� N � o, o , � i �, � M � � � �RA � 2 �.I ; `= `� � , �Q.�r-�; �� ��7S HCUSE ° �� �3R° Av��u� _ -- �� �25,00 - � 5ouih line� o�' �o' i�;&loc'�2, C�n��ai ili��v ���anor � L� �>>.--J (—�- _.-� �� '}2 �? l_l., � �� [ i , ■ � � � N c� � � sp%� o� , J � � � V-� V � � 5 �a 1 e :1 �nch , �� �eel ��Deno�es iron +�onument APR1� , i9�5 The East i�.5 �'eet o�' Lot (8, Block �, Central V�ew Manor, pnoka � County , M�r�nesota. �ubject to the soufih �'� �et ��'or roadway �urpaSQS, an� eaSQments ��' record � i�' an�. 1 heraby certify that this is a true nnd corre<t eeprosentation of a survey of the boundaries of th• obov� dascribad land� and of Sfie location ci��� buildina s, �heraqn� nnd all risi6te encroachmsnts� if any� lrom or o� snid land. As surveyed by m♦ this )-'tlay of H t, �.�� A.D. 19�. 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Y " � � -- � � ,B -� 1.� � � �' . � � L` � ; `' �' � --�. f Jii � __ � � � � ' � .� '.; . •` ,,� � \, , A G R L` E t�1 L�I T TI-XxS 11GR1:GMENT� made atid executed i:his _/;� V� day af �� Septern�,�r, 19b6b by and between i,YNDAL� '.C1:FtMI�]AL COo, a Minnesot:a cornor�tion, hereinafter called the property ownery, and the CITY QI� 1�I:ID.Li:Y, a municipal corporation o� �Lhe 5tate of Idinn�sota, hereana:ctez callea the city; �9FIBRLI3SP tiie property owners have petitioned the city to rezone the �o1:Lot•�:inq proper_ty :Lrom the pr,�=���''R-� (s�ngl�-fa:ni�.y dwel:Ling) class:i�ica�ion i:o C-2 (c,eneral busin�ss and sho�piny cerite.r) : . • Lots 1, 2, 6e 7e t3e 9g 10, ]�1 and 7.2 in Block ?, and I,ats ?Q F3, 9a 10Q 11g 12, 1.3d 14 and �.5 :in B1.ock £3, City Vi�'�a Add,ition to the City ot Fridley, a11 lying , in thc Northwest Qua�ter (I�r�7;) of S-23o R--24s T°3ne ' � County of AnokaB Si:ate o.f f2innesotao �� F9Hi;2EAS, the city council. iinds that the rezoninc� o� said ar�a to a corcunercial use district w�.�l be in the pubXa.c intex�ste wel�areg and conv�nience ta the peaple of the City o� �ri.dley pravi�c-c� certa;n xe:�i��-:iations on t%ze type o� uses are �laced on saa.d pzotierty and Urov�deda :�u.ri�hers that the owners agree to l�y outd devctop and maintain said property accorciing to star�dards agreed to in advaz�ce by tne parties h�retoo ^ Considexat:ion for this �.greement sha.11 be the xezoning o:� Lhe prop�rty descr. a.bed above �x�m K-.l to a C-?. tise ciistrict and the mutual ben�t.�LS to eacti o� �he �arties hereto� �i'he parti,es� . � thea.x� successors arzd assigns do lzerehy covenant and agre� as �OL�OWS: � .0 o ` The propLr.ty owr�ers ac�ree ta restri.ct the use o� sazd PYoo- erty to those use.s permz�ied iiz Scction �-50].2 0� the Fridl�y Ca.ty Code and �ux�ther ag.ree to z�stra.ct said us�s by agree:ing tnat the �'ollowing uses pexmitted �.n sai.d Section 45012 tai�l not be pea-�- mitted on the al�ove described p.rotx-ri:y: 1. �.etail stoxes and shops such as gzocexyo frua.t, meat, veg�iab].ese cabz.net m��Jccrs, elec�ra.cians, pai.r.ters� nxumbczse shoemakezs, clothas �ressers (but not a�n-- cluda.ng c�ry cleana.ng establishments) , j ob Printers, b�ue printcrso 2o Aui�omobile di:�play and sa].es roomso gasola.ne scrvice stations and used car lots, -�.of4- � 9 �, . �'� � � ^ � � � 3. Self-sexvice drive-iu cafe5 ar oi:liex drive-in,�ood cstaUlislimc;nts. � � �, Raclio (/�.M or FM) or tclevis�an UroadcasCing stations and traixsrnit:ters and micro-wave relay structures. 5, 73alcc�-ics, cancly xnal:ing. 6. I3ars, taverns. 7. Coinmercial recreatioii uses. $, Engraviiig, photoen�;raving, .lithographing and puUlisliiiig plants. . �j. IIousehold ec�uipment repair shops. ` 10. Loft builclings. 11. Mortuaries. 12. Music conservltories, danci.ng studios. 13. Major xepair of automobile s and storage gara ;e s. I4. Tl�eat�es, .lodges, assennbly halls, auditori.ums. 15. Tire repair shops using any vulcanizing or re-ireading process. , - 16. Vocationai txad'e schools. ]7, Warehouses. II. No entxances io or e�;.its from the aforement:ioned property shaJ.l Ue perznitted on 57th Place. .� r�.' ziz. ProZ�erty owners further a�ree Lhat the" development of said pro- pezty including pl.ans foz landscapin�, l�u.ilding design and mateiial, set- bacl:s, off-street parl�iii�, and screenin; for extexior. storage sliall bc suUject Lo t:lxc a��proval of Llie City Council at the time a building perynit is rcquested. IV. To use tl�e aforcnaentioned propert}• £�x ttiose purposes permitLed within Section 45. 12 a! the 1� riclley City Codc as axnended ancl restricted by this agxceinent, propert•y owi►crs sliall not occu��y said propc:ity or buildings • o _ r e - -- ; , [�e �1 until receipi: �f a cer�ificate oi �ccupancy which s`hali Ue issurd only upon compliaiice with t]ic ]�:ridley City Or.dinancc:� and the Cerms oi this a6rce- ment. It is agr.eed Uy the parties th�it said certificate of occupancy shaIl be canccllecl if tlie owners or their succc.ssors in ti.tic permit any use of the propert�* contrary to this agree.ment. Yt is xx�uLuall�� abreed tl�at: tlie provisions of tl�is a�reeinent s]iall be i`Y , ��� i , ��; ii ,i; �k' . i i:. i' � binding upon and cnfarcibJ.e ag11nst tl�e Patties hereto, their successors ana assigns and all subsequent owners of the property here described. An executed copy of this a�;ree�nent shall Ue .filed with thc; Anoka County Register of Deeds and made a part of and be binding upon the above descrzbed propext}�; Zt is further inutually agreed that in the evellt Lhe property iinrnediaLely to the North of the aUove ciescribed property and abuLLing thexeto is zoned for commerci.al use, that this agreeinent ��ill be.amended to provide that the above descxiUed property sl-�all not endurc: an.y greater restiictions then imposed on the abutiting property to the Nortih of tihe propertiy descr.ibed in i:his agreement. t, i 7N Z'JITI\TES5 ZV�IEREOF, the pari.ies have hereunl-o set their hands the, day and year first a.bove written. zn �'resence Of / � . �,, � � � J � � r / � .-- -I. � ` 1���/; `� . �_ ..;,,: - � ��/�� ��� �:�_:�.,.�,.�,�=- ,_> . .� � , � � � �" � ; �: �'��„t_� <(/ - • `; �• . , , � . � LYNI�AL� TFRMINAL CO. �'•. � , � , � � � i � 3f `� ` � �i'L�t C% /'_ ��Gh�1-Gf. Cw yy____ - President � i : //! ,� .,,•� ;, ., ,. : �y ,,l -, ,� ,:_ ,� . — • Secretary-']'reasurcr CITY OF I'RIDL�Y � ,( ; �',, �'.�:�.�. 73 Y �t� � �---------- �"� � g�, �,;� �. ��' � t �(.! � .: _.__ =_�--_ ;� .. 3 of 4 - , � � � 11.cl�nowleclgemc:nt oi CorporaLion � STATT' OI' MINNESO�r� ) ))� s COUNTY Or HL:NN�PIN} Oix this•=�� <<�% day of 5epLc:n�iber, 19G6, before me personally ap��earecl llonovati 1�. Fa'icl:son arid 12on�Ll.d A. �xicl:son, to zne ��ersonalI�r lcnown, �vho being duly sworn, dicl say thaY. they <tre Lhe I'resident and the Secretary:-'I're�surer respectively of Lynclale Terrni�ial Co. , a cv�_poration; that the seal affiled to the fore�;oin�; instrument is the corpo�ate seal of said corporation, ancl t:ha.t- s�.lid instrument was execu.ted by authority of its Board of 1Tir.c,ctors; and t:lie saici Donovan A. Ericicson anci Ronald li. Eri.cicson acicno�vledged said i.nstrixmeni: to be tlie free act azid deed of said corporation. ,� / � l . . . ��/.`t. .. . .-'� ,'.i:" ��-.- "t"_� �J� `%�"�1. � . HI�"?Y i-i. I<NAA� ,� • . Notary Pvblic, Hennepin C�unty, Minn. '' {SI'7.AL� !dy Commisslon Lxpires Apiii 24, 19bR ` • . .' . • . � . . 9 .. �kUf�i - : . .�""�... � � � { � I� f4 i, � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLIk�dNING COMMISSION TO WHOM IT MAY CONCERfV: �� Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, May 7, 1975 at 8:00 P.M. in the Council Chamber for the purpose of: ' A request for a Special Use Permit, SP #75-03, by Orville Jacobson, per Fridley City Code, Section 205.051, 2, A, to allow the construction of a second accessory building, a 24 ft. x 24 ft. garage, on the South 100 feet of Lot 7, Block 2, arookview Second Addition, lying i�n the North Half of � Section 13, T-30, R-24, City,of Fridley, County of Anoka, Minnesta. Generally located at 6606 Brookview Drive N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. PUBLISN: April 23, 1975 April 30, 1975 � RICHARD H.�HARRIS Chairman Planning Commission �:� CITY Or FRIIIL[:1' AfI�NLSO`['A PI.ANNING !1N(? Zt)�iING rUStb1 )�113PR � � �� C� 1� i , • .,..� . /'1 � � n�>>>>,rc:�,;�''S SIGtit1'I'Uhr:���,---- Address�� � � �'��-`��'�.� /� ' 'I'cic��}lonc \umbcr^�_� ,, ' :� ��-_..._�-.--- , �:-Z, :�. ��tiot��:►;•ry� otiv`r:li� s sic��:ti��uui: -.9.-�-z � _ f^ -� + , ` � . /�(Idl'CS 5� 1 � c � > f "7-'�t` ' �-e.�—` �-------- � �� `� �f Telc��hc�nc I�u�ul�cr_ �"� � _ ,7 �� � -� •Street Location of Pi-ol�exty���-�.r-�-�� +.=—ti-- �,�c ��S TYP33 OF RF:Ql1rST �2 Rezoning �_ 5pecial Use Pcrmit Ap�rov<�I of I'rcm i n- inary f, Final Pla.t StTECl'.S OT �—~—_ V 1 C� t 1 UT15 Other Fee �,�` 1:ecei_pt � Allcy - � � No, <:���.: '.}. sl /' 7 , ���',F, K � . �L�4^` '�. l.c�;al llescription of I'ropert.yU:,�.. �:1.� /c%o.���_��j-.-.1-T== = _ _ - -,..�_--- ^ rxisi:ing Use of Pr.opert ��;�,� -��r��'-- Fxesciit Zoning Llassification________,�� Acreagc of Pro}�ert}�/_��l X�%�5�� ����35cribe briefly the proposed zoning classificat.ion _ � , f or. type of use and improvc�ucnt. proi�ased • �"�?�-�'`� . ' ,� � �'1 � lias the ��rc:sent ap��l icant previousl}' variancc ar :.pecial usc per��iit on thc lvh�it �,�as rc:clucst ed a;id talicn'?_______!„ � � .. v so�,�ht to rczon�, plat, �btai.:1 a lot split ar subject sitc ar part of it? yes__�___no. 'I'he uncici'sis;ned t�ndersYancis that: (a) a list of �11 r.esiclents and owners of J�rope�'ty ; wi.tl�i» :;00 fcet (3y0 fcct for rczona.n} ) must��v,nerstof,ltheipropertyl,l,orcan]explan.,ti�ti (1�) 'i'iiis a��plication must l�c, si�ned .�,Y all fii�'�n �.l�y t-}��s is ��ot tl►c casc. (c) Res}%�r1sibi.2i.ty far any defect i.n the proceeJings re:;illt-�n�, frum i.he fai.lui•c to list the n�tn,cs an�j a<lcll•esses of all resi.clent� and pro�,cr'vy o���ners ��i� l�roi�crt�' i;� qi�estiC»i, belon�;s to tlic ttncicrsi�ned. A sketch �r ��ro��otied I�ro��c:rt�� and 'truLocati��nSOft,prol��sed��stri ctur1ecen th�wloi.the follo�•:ii�s;: l. fiort}i 1?ircc.tiorl. 3. Uimr�ision�; of r��-c���ert}', i��'oi�osecl st.ructure, anct front and sicle set.backs. 4. St�•cct: h:�mes. S. I,oc,►t.i.c�n �mcl usc of aciiacr.nt cxisti»�; huildin�;s (�;�i:thin 300 fecti) . '{'he un�lcrsi�;ned herel�)' c]c�l�'��°� that .ill t.he facts and representations stated in this 1�11)17C:li:1011 'a1T� t.�UC i111C� C07'T'CC1:• ^i��%�t� � C' `�`�- 7.�� sl c�n�ru�tr. '� _ ��-� t�,t�rt: .- _..__ �n����j.icn��i�) Uatc Pi l c.�c! _ llat.e ot Ifc�iri il� � ('lannin�; C:ommi.ssion Al�rrovcci__� City Council A��}�roved� -- (clutcs) Dci�iccl (d<itcs) " Qcnic:�l - �'""°�-� �" � SP# 75-03, ORVILLE JACOBSON Per Fridley Code Section 2Q5.051, 2, A, to allow the construction of a second accessory building Orville Jacobson 6606 Brookview Drive N.E. Fridley, Mn 55432 MAILING LIST Planning Commission April 22, 1975 Mr. & Mrs. Elton Bolduan 6554 Brookview Drive �.E. Fridley 55432 Michael Servetus Unitarian SocietyMr. & Mrs. Gordon Enroth c/0 Glenn W. Thompson 6566 Brookview Drive N.E. 717 � Riverview Terrace N.E. Fridley 55432 Fridley, h1n 55432 Mr. & Mrs. Clarence Ohman 6630 Lucia Lane N.E. Fridley, Mn 55432 June Johnson 6600 Lucia Lane N.E. Fridley 55432 ^ Mr. & Mrs. Eugene Schilz 6620 Lucia Lane N.E. Fridley, Mn,55432 Mr. & Mrs. James Herrington 6610 Lucia Lane N.E. Fridley 55432 Mr. & Mrs. Phillip Dolinger 6547 Oakley Drive N.E. Fridley 55432 Mr. & Mrs. Lewis Wells 6553 Oakley Drive N.E. Fridley 55432 Mr. & Mrs. Raymond Gerrety 1051 67th Avenue N.E. Fridley 55432 Peter F. Percic 1050 68th Avenue N.E. Fridley, Mn 55432 '� Wallace E. Miller 831 40th Avenue N.E. Minneapolis Mn 55421 Mr & Mrs. David Anderson 1015 Mississippi Street Mr. & Mrs. Orv�lle Johnson 6600 Brookview Drive N.E: Fridley P�n 55432 0 �� � . ��. �, �_, ��� �--� �.--,��-- � �; ; L�____�=�_.�� �---.-� C�"_" � _ _ S` 1 'j rNU �„ tw i (! .t�,a •� ti�� r'k�' � `W� �� � ^ r •ry '� .� 1 � .✓ � ..� 11 'fjT,-, � I, , r �► � ,-- � i f :.� `'-�-� � A , � �► �1 � : � 9 �` ` �� �� JI MY� v �1SY+� � ' (� { �� ��•� �r� � �w , :t A � !� � ' �"t "., ?`3 ^! ,�•� f `'7 �j r ` �, r_. i �`� f.. .}�.. " �---- "=-1 .'`°°a +1...� , .9 �� � _ � �,,; �.L! u_�:.... -�-:. __ L °A_ --�t - '_�__--� � `�_.,;.�-�/�` �_ �--v-n . .___-----" _� — � �� J, / �-�.�, ' ~----_ � �T-/a' ' +'" � ------ _ — ! � ' ' ^ «/ �1' �' 2BZ`S H;1R�I�T AVE. �'��,_'":" .:,� ": �'� �1NN&A�o� IS, MINtd :Jd7A �.��1:�'��� �yll `�,,,�r� �--�_ f r�-� _ %,l �.,�;�- � - . . ] o ['.r. Ta �w.a v '1yi ^1' I' a �','J�,] � . � i:-'-'�i .w 1 ;� f:d . a � �..��1 se' � 'a� �' � v ��� 1�:�� �:..i . .+' 1-v .A ..� :.io �# ' . �Ob�i � �. i ;1;�7 � OOiTt . � For ��_ � . . �� � O - \ � . ' - - - - - - � , f � � 1 ^� � Cj ` t �` t � � � ` �... � . �.. . .� • . � .�}J 1/� r/h /,>; e or Sc: u f h��'L "i � o f L o� 7 � - _ �../ ti y\ �(/ � ,� � <�3 w � �� , - ��✓.2�.� r� `��..J � '- - - ' - - - � � \ ' ��t..-_�t �q�.�J �S. -2`?j��" � 2 c9 ' �`'3-� { � -�•+. _ , � . ' �,• Q L ( `� . � ` � � � '•'� �p! � ( . i�j� �7G' C; � . - � L � /3.25< �>/3.2� v , , • . �',r..T�-- �-�.,*--53.? .� � 2b.154t,j O � Nd.�6� ;'±�h'•� ,�. • C�s�l%?-5 -.:'�h'Y' � ��'� ' � � Fi�'A ; � E �` --�> �, � � P,U/[e.'/h`'i � � .�h � � �; t_-�- ---.� Z. _ ,�-' -t- ; ' . � T v - Ql ,- . �r;) . �o, �%��'� c. " �j�6.lL' V;,' ��' \,��� . � [ �, .r-5.�..�.�..�.,.w'� . �M . 1i.5.� -_---' r �v .�' ��� � S�a1e: =.`� _- 40� , -_ _ . . - u�- DE 5CR t�' C 1 �N :'fh� �ct, f h �.CO � ee t c f t�o t 7, E3 i�c k 2, Br-ca �k�� i t•r� �ecc���d Ad�ti ti�r�. � ��i ��� ;9 �� :,:,� �ve��reby certify �that this is a true ancf corr€�ct representation of a svrvey of th, �ound�ries of the land above des�ribed and of the location.of a!(buiiding� if any, Ph�rean, �nd ail visit�le encroachments, if any, from or on said land. Dated this 2�r:f day af CCt�b'r ,�.9ia . EGAN, FIELU & NOwAK l�tfr�v e y o r s.�- �.,. � F i t e No 5'3`i�1 Book No i. �)c�9 — 2�7 . bY /� �' , ;�'� '' ! r� >, - +,�±a� ` 2/ 1'e ``� �, w� y � � 9e ^ � ' ' � ' . p / _ �r ' � I I ' ' i' � u � f� � I � � ' � C; � . + ' • , � 1 ,1 ' � ` � � � J I i a� �ry O I ' ( '`ti"� �' ry�1 � � I i �., f� . .l0/ 't ^ �, l t c, ,�1 � � R,���� �! I .s � �)�� . 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"_'..� • .. ..__ __7.. ..,f �.0 �4 I F71'.!L__ �� ��* .rs �a � a �: - I }� - � .. , ��Ij .� / ?�� �..� �' ;;� ! i•�,�• 1 1iu+� i � ( �� �i ry. � � I '�. Y �M ,2� �`� � �T � i' �� � , 4 l� „n� � 4� r `' 70) /l��f� sf s .'. 41..... �,.. �'JG�O) 7 ��\-,^ � I i � °` I, o E�"... `Sl ��' - � ;:Y' �,�f � V 6J LJ 4 (ry'�� ,.a ( � ! 90 � 9!�T,f. +.y---- a 'A /� !.i � . {� [ 4d!`` � i ' ,� 1 � , . . . �;• :r t� 1"� �' = " ? *.9 r � .h � � � � , 4 � ;, �� n�� l :�) �; g7� ; ,l,i. � ^ � � /� :. ' a t `"'a �Ob1�% � � ' u ` • • _ � � �C �� f �� �� �� � f � � ..5 �" `' , �u, �.y�, � I � � , ,-.z,r . . : �., a� .,,, i�s i/fr � 'V � ' �r1 • � f6 . . ,'•'�� _. i.�O."j�/ oy9� !p 9n q 7_T 3 3i .C�:����". ��1(D Hls��Y: ��'U. 6� ��'�'�� - ---_.___. _--._. ___ _ _i--___�`_o ; z 3 , ., �. . ""`� ( —'�- _.._.__.__---- —_ . __� � ., � ; � � � � � I ; � ..,�• �;�i . r� r''�, OFFICIAL N07ICE� CITY OF FRIDLEY PUQLIC HERRTNG BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: �� . ... Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in.the City Hall at 6431 University Avenue Northeast on Wednesday, May 7, 1975 a1; 8:00 P.M. in the Council Chamber for the purpose of: Consideration of a rezoning reques�, ZQA #75-03, by the City of Fridley, to rezone a previously public�awned parce1 from P�{-2 (heavy in�dustrial areas) io C-2 (general business areas�,.described as follo�s: All that part af Lot 38, Auditor's 5ubdivisio►� No. 39 descrn,bed as follows: Commencing a� a point on the South line of Section 34, Township 30, Range 24, a distance o� 156.0 feet East of the Southwest corner of the Soutr�cast Quarter of said Section �- 34, thence North, at right angles �o said section line, a ^ distance of 40 feet to the Northerfy rig}�t-of-way line of 37th Avenue N.E., being the actual point of beginning; thence cantinuing North, on the sarnE lin� extended, a distance oi' 360 feet; thence Easterly, parallel v��ith and 400 feet North of said section line, a distance of 301.10 feet, more or less, to its intersection with the Westerly right-of-way line of the East River Road, as now laid out and constructed; thence Southerly, along said right-of-way line, a distancE of 362.57 feet, more or less to its intersectia►� wit;h the northerly rigf�t- of-way line of 37th Avenue N.E.; thence l�lesterly, along said , right-of-way line, a distance of 257.98 feet, more or less, to . . the actual point of beginning. n The purpose of this rezoning request is to have this property zoned to conform to the present use. Generally located at 3720 East River Road.N.E. Anyone desiring to be heard with reference ta�the above matter may be heard at this meeting. Publish: April 23, 1975 April 30, 1975 RICNARD H. HARRIS Chairman � Planning Commission . - .�,,,P.�. a CITY OI� i'RIDLEY MThNfiS(JTA PLANNIi�G nND ZO�I:�'G PQftM NUhiBli�t ZOA #75-03 - ' ���,� � flPPI.ICMI'1''S SIGNA'1'Ul.I' �� ,���i'7� �- � Adciress City of Fridle � si-ty-R . . 571-3450 � Telcphonc t�umher � � LL � � � I'1tOPl:li'1'Y 011'NL'I2' S S I GNATUI I: �y/' � George Is In Fridley Address ���n �a�± Rj� .— Telcpllo�le titi�i�l�c�� Strect Location of Pr�perty �7�� Fa�t Rivar�,g�d ,�� - TYPE OP REQUEST X Rezoning ____�-- Special Use Pcrmit Approval of Prcmin- inary £ Final Plat Streets or Alley Vacatio�is Other Fee Waived Fee Receipt No. I,c.g�Ll ticscriptioii �f Prorcrt�� P�rt- nf Lot �� � � ��-7-aM--�—s� Prc=sent Zonin� Classification P Existing Use of Proper.ty Restaurant Bar Acreage of Property � Uescribe briefly the prorosed zoning classifi.cation or typc of use ancl irnprovement prop�sed rezone to C-2 beCause this property has ga��°f� u i c owners i p o pr� va e owners ip � lias tl�e j�resent a��plicant prcviously sought to rezone, plat, ob�ai.n a lot split or vari.��ice or speci.al use pc�-mi.t on t}7e subject site or �art of it? yes X n�• {Vhat was reqticstcd and ti��hen? Tii� unciersig»eci understands that: (a) a list of all residents and o��mers of prol�erty -. withiii s'.�0 fcct (3S0 fcet- for rezoniii�;) must bc att�ched io t}iis �j'��Z1C�3t1011. (1,) `3'iii:; ap��licatian ir,usr be signed hy al.l owners of r.he pro��erty, or an explanation gi����i� ��'ll)' t�his is noi. the c�ise. (c) Responsibility for a»y defect in thc procceclings resultin� {'�•om ihe failurc t:o list the »a�nes and addresses of all resi.dents and pi•oJ�crty o�ciicrs of proper.ty i.ri qucstioii, bclongs to Llic uildcrsibned. 0 � A s}:et.ch of pro��osed ��ro��erty and structu�•c mtxst be dra�an ar��l attiac}led, showirl�; tlie follo�tiin,n,: ]. Nortli Il.irc.ctaon. 2. Location of proposed structurc on thc lot. 3. I�iIIlCllti1011S of l�ro��crt)', l�ro}�osecl stri�cturc, and it'ont and sicic setback�. 4. StrcrL N,imes. S. Locatibn a�ld usc of acljilCCilt exi.sting buildings (withiri �00 fect), Thc 1111�iC1'Sl�iled hereby d�:clares that all ti►e facts nnd re�jresentations statecJ in tliis .�pp]ica�ion al•c triic .�ncl correct-. � � � �� � � ' un•c�: � �/ �� slc�n��uiir: �t`'z'c'� �, � � �- :� � �ni���i.�cnti•i�) � � n;itc of !lcarin� 1)atc 1'ilecl �-a�`i� P�znnin�; C�nunission Aj�i�rovc��l City Council A}�j�rc�vcd (d.�tes} 1)cnic�l (clates) Ucniccl ��� ; Planning.Commission April 22, 1975 �� MAILING LIST Council � Rezoning Request ZOA #75-03 3720 East River Road, by the City of Fridley George Nicklow Gearge Is In Fridley 3720 East River Road N.E. Fridley, h1n 55421 North Suburban Sanitary Sewer District 1458 County Road J Minneapolis, Mn 55432 Park Construction Company 7900 Beech Street N.E. Fridley, Mn 55432 Dunkley Surfacing 3737 East River Road N.E. Fridley, Mn 55421 Ci.�v of Minneapolis Zoninq Administrator City Hall � � Minneapolis Mn 55402 � /'1 � MEMO TO: Dick Sobiech MEMO FROM: Darrel Clark /1 MEMO DATE: April 14, 1975 �� RE: Georqe Is In Fridley, 3720 East River Road N.E. We have had a permit application from K.K. Designs for improving the old off-sale portion of the George Is In Fridley building. The proposed occupancy will be recreation; pool tables, Foos Ball tables, etc. ' The question now is doMs the City Inspection Department have authority or would it be legal for the City of Fridley to issue a building permit on the proposed improvement since the property . is •zoned "P"- Public Facility. The land was zoned M-2 prior to tne City of Fridley's purchase. It would be reasonable to have the zoning revert back to M-2 since that is what it was prior to the City's purchase, however the City Code does not state that any commercial establishment is permitted or excluded -in a P�I-2 district. The contractor has expressed some desire to commence this project this week, therefore we should give an answer to his application �„\ soon if po ible. � - �U l� - ��t � DARREL G. CLARK Community Development Adm. � 0 � �'"1 MEMORANDUM To: Richard Sobiech, Public Works Director / From: Vir il C. Herrick, City Attorney ��J g Re: George is in Fridley Date: April 17, 1975 You have advised me that George Nicklow, the proprietor of the ahove establishment, has requested a building permiL- to remodel a portion of his progerty located at 37Ch and East R���ei� Roade You stated that the property �.5 present2y zoned "P" and that previously, it was zoned industriale You further indicated that the proposed use is neither permi.tted or prohibited under ,�"t the former zoning. . I am of the opinion that the requested permit may be granted. As per our conversation at the council meeting, I suggest that you initiate a rezoning of this property. so that the "P" district is changed to a commercial district that is compatible witl: the present use. VCH:JLH � /'1 � � ,�' � � �" , .� '� � � � , �, , � � , ,� , . � �� � � � ,,. 1 �� ���� �� �- � �X ; GC3 4..�, �. t�l \ � j `, I _ \ ��.�� �r � � I � c� . \ i I ;. ' .-, ; �` 'j ZOA #75-03 CITY OF FRIDLEY / l � / � � � REZONE from M-2 to C-2 ' �"s�co) ;" / �',��' �f ;'` ; , , ,, • �i:s � , i .►���� - 3720 East River Road i ti1--�-•���'�� � . �;.GS. 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T T T / / t I � � � � r � ♦ (�• - -'� �� �} \ i � � � y 1 • ,i' .._�_� � , � � � , �..:-, u � R-I SINGLE F'ANiti_` R-2 TWO FAAIOILY R-3 GEN. MULTiP�.E R-4 MOBI�E H01�4 C-I LOCA� BUSINE C-I-S LOCAL SWOPP C•RI GEN. OFF. � : �� � COMF'14�E BASED C EFFECT[' 3 Ci ty of Fri dl ey A�E�at� of �720 East River Road. � Nole. Revised ur . . Eacept�w• p DRAWN B� �- 0 2 _ 3 � �,, .�,�.. ! ♦s� a n ds Recreation �,,, _ � � L�, and Nature Study __. ��:� �``��` Pe a�e for Everyone C17Y OF FRIDLEY•6431 UNiVERSITY AVENUE N. E. • FRIDLEY, MINNESOTA 55432 a�visoRVSOaRO TELEPHONf (612) 560-3450 EUGENE DALY, ' . ` ' . . . � Chre! Arro�ner .. - . . . .. � � . ". VsthansAdministntion � .. . . . � .. EVERETTEDODGE � . P�ineipa7 � . � - � � . Dowli�g Sehoo/ fw . � Giyp/MChiFdnn � . . . :� '�� ��' FREDRICK J. DRESSER - . Midwstt FeMrsl Sarin¢ ... �. � _ . � S- . � "�; ..• ->r . . � snd Ldn AavcisKOn � � ' . " . ..: _ _, , ... , < _ . , . ,> , POSTER DUNWIDDIE � Vice Prrtid�M . . . . . � . � . . . . . . � Archinea ol Binle.s � � � . . .. � fo� M� Hand'c�pp+d . � � . . � . . . . . . WIIUAM GREGG Administ�tor � . � � . . . � � . . . . . � � V�msnlHOrrNStsq . . ��.. + . .. � . � . . � piMrmraeq � .. � .. _ _ � . . . . � . . � . . . . � flICHARDJACOBSON � V'rcavrostdenr � . . . . � . � . . . . ' . fN�ay Sdn Bsnk � ' � � . . � � � . � . fRANKJOHNSON . . Exseuow Dirseror � - . . . . � . � . � . . . Minnwpdis Sotisry' . � . . . . . � . . o��M�;,� April 18, 1975 . P�ID72I:9 ROBERT KOWALCZYK - � � Oinaror . . . . � � . . . . Fnxr Schod /or rM �,f,� T1,,� 1 1� . . . � � . . � . . Mena//Y Ha�die+Cad � 1'iL . LG.I.l el Cl�lt � . . . . . . . DAVE KRUEGER Cc�.mity Develop�ent Adp�i.nistrator cnar R�,..n�.�eR.�,�,ano�. City of Fridley � �. . Veter�nt HOSpiW. Minmfoh . . . . .. . . � . DR. JOSEPk MORIARTY 643�. LJ111V@TSi.� AV@IlU@ +�. �eo o� oN Fridley, Minnesota 55432 i. � � ,,� �. ` Ex�eutiw Diroeror � � . � � . � . � � . . . . . .. Taining �rrd Emp/oY�t � . . . � � . � � . . °�"�'°�'°"dAdi'" Re: Proposed Site Development w�ork n�.. ���. RoceR scHMaus Is13�ds of Peace ai��r,.r aobsn touir Srownrorr . . .. . . . . ��•""""''�°°°� Dear Mr. Clark: _ WIILIAM SCHOENBOLM , '.. . . Ertseuriw Dirocror � . . . - - . � � � � � . Minrtsapo/JS Soti�ry nf � � . , G;,wb�"°^^°^d In accord�ce with the provisiacts af City of Fridley Ordinance Ida. 559, adWa DR. BROR S. TROEDSSON W@ request permission to remove up to ten trees located an Chases Islaixd � � PhjR}iC1/MfOiC%MO/VRMfMt and Lots 3 and 4, Block 2, Ha;�es Island Lots. AII aze located in Sec- _ � "°`�`"""""�°" tion 22 T30N R24W, Chases Islgnd has a� area of 7.Q acres and iia es - , ED WILMES > > � ' �^�^�� River Lots have an area of 4.16 acres. � �, . cn,;no,o . � � . � ISLANDS Of PEACE COMMITTEE EIMER F. QLSON LINUS B. FRITZ RON F. BURTON REV. M. G. OENYES REV. E. A. CHMIELEWSKI TONY OLSON � V.F.W. 363 � WAYNE PETTIS American Legian Post 30J� DONA CEBULA �Ameiican Lv9A� �✓xil/iary Pust 30J RUTH STARK V. F. W. Auxi/liary Post 363 ���: PAUL BROWN r Ex�Ot/it�o . � � Ciry ot Frrdlsy CARROIL KUKOWSKI � . � $etrerary � I � � � We hope to avoid rem�ving any trees in the planned site�wark, h�wever, should it became necessazy, we would Zike to haue it done while equip- ment is available on the property. Potential areas in which trees might ha.ve to be rem�ved w�ould include the bridge appraaches or passibZy one near the pazking area. Should you require additiona3 information please a.dvise. Tha.�k you for yaur �rompt attention, Sincerely yours, ��� ! • +q.r �� Foster W. Dunwiddie A7A cc: Curt Daallberg Bert Ellis ��S " Where peace is a way af life every hour of every day."