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PL 04/09/1975 - 31183; ;,; • . y � CITY OF FRIDLEY PLANNING CO�IMISSION MEETING APRIL 9, 1975 PAGE 1 CALL TO ORDER: Chairman Harris called the meeting to order at 8:00 P.M. ROLL CALL: Members Present: Harris, Lindblad, Drigans Members Absent: �lair Others Present: James Langenfeld, Ex-officio Member of the Planning Commission Darrel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: MARCH 12, 1975 MOPI.ON by Drigans, seconded by Lindblad, that the Planning Commission approve the minutes of their March 12, 1975 meeting as written. Upon a voice vote aIl votirlg aye, the motion carried unanirr�ousZy. APFRJVE PLANNING COi�IMISSION MINUTES: MARCH 19, 1975 MOTIOIV by Lindblac�, seconded by L%rigans, that the Planning Commiss.zon approve the minutes of their March 19, 1975 meeting as written. Upon a voice �Tote, a11 voting aye, the rrcotion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 6, 1975. ^ MOTION b� Lindblad, seconded by Drigans, that the Planning Commission receive the minutes of the Building Sta:ldards-Design Control Subcommittee meeting of Marc1� 6, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOh1MTTTEE MINUT•.ES: MARCH ll9 1975 MOTION by Drigans, seconded by Lindblad, that the Planning Corrmiission receive the minutes of the .8oard of Appeals Subcommittee meeting of Nlarch Z1, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE CITIZEN BIKEWAY COMMITTEE MINUTES: FEBRUARY 26, 1975 MOT.TUN by Lindblad, seconded by Drigans for discussion, that the Planning Commission receive the minutes of the Citizen Bikeway Committee meeting of �'�bz'uary 26, 1975. . Mr. Drigans said there was a statement on the last page of these minutes that the 32 miles of trails would cost about $400,000. He asked if this was the proposed cost? The recording secretary said that changes had been made in the proposal and the cu1vert had been dropped from the plan, so the cos.t figure was $232,000 p1us. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. RECEIVE CITIZEN BIKEWAY COMMITTEE MINUTES: MARCH 5, 1975 ^� MOTZ'vN by Lindblad, seconded by Drigans, that the Planning Commission receive ` the minutes of the Citizen Bikeway Committee mee.ting of March 5, 1975. 0 � Planning Commission Meeting - April 9, 1975 Page 2 Mr..Langenfeld said he would like to bring to everyone's attention the third paragraph from the bottom of Page 2 of these minutes where Mrs. Slater asked where ��� all this money was coming from. Mr. Harris said that Mr. Boardman said the Bikeway Committee was recommending about a dozen funding sources and were not recommending that it be added to real estate taxes. Mr. Langenfeld said that on page 3 of these minutes they were discussing the Isla�ds of Peace. He said he wondered if they were going to have bikeways in this area, along with people in wheelchairs. Mr. Harris said the bikeroute would end in the parking area of the Islands of Peace and there wouldn't be any bikeways or bikes allowed in the area itself. UPON a voice vote, a11 voting aye, the�motion carried unanimously. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: MARCH 18, 1975 MOTION by Driaans, seconded by Lindblad, that the Planning Commission receive the minutes of tf.� Environmental Quality Comm�.ssion meeting of March 18, 1975. Mr.. Langenfeld said a resolution had been submitted to the City Council for the City of Fridley to be the model ordinance community and the resolution did pass, and was being sent to the State Commission, and they will immediately draw up a rough draft for the Commission to work with. Mr. Drigans asked if it was going to cost the City anything for the State Environmental Quality Council to come out and assist us. Mr. Langenfeld said the only cost would be for the staff person who would work with the State. � UPON A VOICE VOTE, aI1 voting aye, the motion carried unanimousZy. RECEIVE PARKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: MARCH 24, 1975 MOTION by Drigans, seconde� by Lindblad, that the Planning Commission receive the minutes of the Parks & Recreation Commis5ion 5ubcommittee meeting of March 24, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 20, 1975 � MOTION by Lindb2ad, seconded by Drigans, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meeting of March 20, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: APRIL 1, 1975 MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Board of AppeaZs Subcommittee meeting of April 1, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' Chairman Harris said that the first two items on the agenda could be quite lengthy, and if there was someone in the audience to represent the North Suburban Hospital District, they could handle their request first. There was no response. �, MOTION by Lindblad, seconded by Drigans, to adopt the agenda as written. Upon a voice vote, all voting aye, the motion carried unanimously. �� Planninq Commission Meeting - April 9, 1975 Page 3 1. PUBLIC HEARING• REZONING REQUEST, ZOA #75-02, BY WYMAN SMITH, ATTORNEY FOR ,-.1 RICHARD POVLITZKE 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. Mr. Mark Haggerty, Attorney, explained that he was replacing Wyman Smith at this meeting as Mr. Smith was ill. MOTION by Drigans, seconded by Lindblad, that the Planning Commission open the Public Hearing on the rezoning request, ZOA #75-02, by Wyman_Smith, Attorney for Richard Povlitzke and the Fridley Frontier C1ub. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing open at 8:22 P.M. Mr. Darrel clark said that this rezoning request was f rom one commercial zoning distric� into another commercial zoning district. The reason for this r�quest was because the commercial area in which this business was now zoned does not �ilow bars and tavern. If any one was wondering why this business was already there, it was because it was there before the zoning ordinance was adopted by the City of Fridley, therefore, it was a legal non-conforming use. It can remain so as long as it was not expanded in size and runs continuous as the same use. Mr. Clark s.aid that in order to clarify this, he would read some of the uses permitted in a C-1 and C-1S District and a C-2, C-2S District. He said first he would list what cvuld be in a C-1 and C-1S District which are local business areas. It allows such things as: 1) Retail stores and shops ^ and small service businesses such as: art shops, professional studios, clothing, drug, grocery, fruit, meat, vetetable, confectionary, hardware, sporting goods, stationery, music, variety and notion stores, household appliances, fixture and furnishing stores and repair shops in connection therewith; stores and shops for barbers, beauticians, cabinet makers, electricians, jewelers, watchmakers, locksmiths, painters, plumbers, shoemakers, tailors, dressmakers, clo�hes pressers, job printers, blueprinters, photographers. 2) Bakeries, cafes, confectioneries, and ice cream and soft drink, shops, including the preparation of food products for retai� sale from their sites only. 3) Liquor stores seiiing packaged goods. 4) Radio and television offices and studios, excluding radio or television transmission towers. 5) Theaters, lodges and assembly facilities having a seating capacity of less than 300 persons, � but not including outdoor theaters. 6) Offices, including business and professional. 7) Sale of farm and garden products. 8) Other retail stores and shops, offices and small businesses catering to neighborhood patronage, and similar in character to � those enumerated above. Mr. Clark said these were the permitted uses in a C-1 and C-1S District. He said the permitted uses in a C-2 and C-2S District (g�neral business and - shopping areas) were business establishments that were retail or service establish- ments which deal directly with the customer for whom the goods or services are furnished and they were: Qrug stores, Hardware stores, Department stores, Bakeries, Bars, taverns, Household equipment repair shops, Florist shops, Commercial recreation, Restaurants, excluding "drive-�ns, Hotels, motels, Theaters, lodges, assembly halls, � auditoriums, Hospitals, clinics, nursing homes, convalescent homes, h�mes for the elderly, Offices, including business and professional, Vocational trade schools, Laboratories, medical, dental and optical, and harmless and inoffensive laboratories ''1 �ccessory to permitted uses, in the same building, an� other retail or wholesale sales or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons residing or working in the Vicinity thereof, or to the public welfare, and will not impair the use, enjoyment n /'1 �`, Planning Commission Meetinq - April 9, 1975 Page 4 or value of any property, but not including any uses excluded'hereinafter. Mr. Clark said that going back to the C-1 and�G-1S District, the uses excluded are: a) Commercial recreation uses such as amusement parks, bowling alleys, billiard and pool halls, dance halls and skating rinks. b) Taverns, beer gardens or bars serving any alcoholic beverages on the premises. c�) Mortuaries. d) Used car lots. He said uses excluded in C-1, C-1S and C-2 and C-2S were any use permitted in M-1 and M-2 Districts and any use excluded from M-1 or M-2 Districts. Mr. Clark said that if the property were rezoned to C-2 it would be a use conforming to the uses permitted section of the City Code. Mr. Clark passed out some copies of the history of the site taken from legal records of the City. He said the long legal sheets were copies taken from records of Council minutes of the year 1957. He said he didn't think they had to be read, it was just to indicate that what was taken from the records was officially before the Council. The minutes are irom February 2�, 1957, and they show that the City Council authorized the City Manager to terminate the lease agreement with Bob Carlson, the owner of the building at 7365 Central Avenue�N.E. for an on-sale operation. At that same meeting, the Council authorized the City Manager to enter into an agree- ment with Mr. MacKensie to rent City equipment at the liquor dispensary at 7365 Central Avenue �.E. The equipment involved was some on-sale bar equipment. At the same meeting the Council approved licenses for cigarette, tavern operation, non- intoxicating malt liquor and cafe operation to Mr. Cliff L. MacKenzie. If you are wondering why this was being read into•the minutes, it was because the City leased a portion of the building, prior to the Council meeting of February 1957, for both an on-sale and off-sa1e liquor operation. As of that da�e, or shorly afterward, it became a private enterprise, as far as the dispensing of beer, and�perhaps set-ups, although the records do not show that they had set-ups. The City continued to keep the off-sale operation until February 15, 1964. As far as what was known today as the Fridley Frontier Club; from 1957 to 1958, Clifford MacKenzie held the beer license Robert Haskvitz held it in 1959 and 60. It was held by the Fridley American Legion in 1960 and 1961. In 1961 and 1962, it changed hands twice, from Norman Alberice to Joseph Morris. Hans Hansen held the beer license in 1962 and 1963, and in 1963 to 1965 the license was held by Marlene Povlitzke, and has continued under Povlitzke ownership to the present time. • Mr. Clark said that as far as the parcel involved, the frontage along Central Avenue was 151 feet and the frontage along Onondaga was 257 feet making a total of 38,675 square feet. Mr. Clark said the zoning in the surrounding area shows that diagonally across the street there was an existing trailer park, directly across the street there was M-1 zoning which was occupied by a light manufacturing plant and ice manufacturing plant. The corner of 73 1/2 and Central has a used au�o parts store, and between 73rd and 73 1/2 it was zoned commercial and was presently occupied by a service station. Across the street from the service station on the south side of 73rd was an industrial warehouse on some industrially zoned property, M-1. The southeast quadrant of the intersection of 73rd was occupied by Onan. The northeast part of the intersection, he would call vacant, although the remains of a basement are on this property, and belongs to the American Legion. Right between that and the Frontier Club was an existing house that was being occupied as a house. Across the street from the Frontier Club on Onondaga, there was some vacant commercial property, and just north of that there was a vacant lot zoned C-1S. The north side of Fireside was occupied by a vacant piano store, zoned commercial, and nor�'th of that there was R-1 property with single family dwellings, that have been built in the last two or three years. North of the trailer park there was industrial zoned property that was vacant. From 75th north on the east side of Central, was occupied by single family Planning Commission Meetin� - April 9, 1975 Page 5 homes. To the east of the subject property, there was a small sliver of land that will remain C-1. The balance of the property was zoned R-1 and was occupied by �, single family homes as far as Stinson Blvd. There are two or three apartment buildings on 73rd across from Onan's, but the balance of this property was basically single family dwellings. He said there was commercial property along Central Avenue near Osborne Road. He said the history of the zoning of the property that was under discussion, and the zoning in the entire area, had remained basically the same since the year the zoning ordinance was adopted which was January 1956. Mr. Clark put on the screen a plot plan oi the property showing that the parking was in the Tront and rear of the structure. He said this area was�;:all blacktopped at the present time, but if improvemen�s were made to the structure, or the occupancy within the building, we would want some green area along the 151 feet along Central Avenue and the 257 feet along Onondaga, with parking to the rear of the building. � Mr. Mark Haggerty said he though� Mr. Clark had given an excellent history of the property in question. He thought the point that should be most apparent was that this partic.�lar area was zoned, and hadn't been changed, since 1956, and sub- sequent to that, this particular area had been used by the City of Fridley as an on and offi sale liquor establishment, which was the old municipal l�iquor store, so to speak. It was continued as an off-sale liquor store by the City until 1964. Ever since 1950, this particular piece of property has been used for on sale and off sale at uarioustimes, and has been continued as a beer garden or a 3.2 beer establishment, . up to the present time. He said that as you are very much aware, we have been applying for a liquorlicense since November of 1974. We have made repeated applications to the City Council, and in the latter part o� February or the middle of P9arch, we were informed for the first time, of this zoning problem. Our firm was unaware of � it, Mr. Povlitzke was unaware of it, �he City Council was unaware of it, and obviously the City Police Department and the Planning Commission were unaware of it. The point �� he was making was that if there was a problem there, it was creating a tremendous hardship on his client. He said he was of the opinion that this property had been used as a liquor establishment for nearly 20 years, even if it was a legal non- conforming use, and was specifically excluded from C-1 zoning. If Mr.�Povlitzke . ever wanted to sell this property, the fact that this was in the wrong zoning, would reduce the value of the property, and this would be a hardship on his client. He ' thought it was absolutely imperative that this property be rezoned. He said they had also made application to the Board of Appeals, whether that would make any difference� . at this time. He said that what he was requesting at this time was �hat the rezoning �request be approved, so Mr. Povlitzke can go on with his requirements, and continue improving the premises, and continue his application for a liquor license. He was sure that the petitioner would agree to any requirements necessary to get this rezon- ing approved. He said that before he went any further, he would like to ask if there was any one in the audience who objected to this property being rezoned. There was no response. He said that everyone in the area had been notified of this request, and no one was present to protest this zoning change. He said the only thing that was really being changed were the record books. Mr. Harris said the Planning Commission had received a letter from Chester L. Cole of 1382 Onondaga Street and he woul� let Mr. Haggerty read the letter before the Planning Commission received it. MOTION by Lindblad, seconded by Drigans, that the letter from Chester L. Co1e, � 2382 Onondaga 5treet N.E. be read into the minutes. Upon a voice vote, a11 voting aye, Chairman Harris read the letter. Mr. Harris said this letter was written to the Planning Commission to the attention of Mr. Clark. The letter was as follows: With regard to the April 9 Planning Commission Meeting - April 9, 1975 Page 6 8:00 P.M. meeting of the Planning Commission to consider Wyman Smith's request ��,,.1 for Richard Povlitzke and the Fridley Frontier Club, Inc., to rezone from C-1 to C-2, we are definitely not in favor of your making this change. Also, we would request no parking signs on our street - not resident parking only. We have difficulty backing into the street when the patrons to the above club park on our street. Also, the verbal exchanges frequently heard in the early hours (both summer and winter) would be less annoying if parking was not on a residential street. Doe�sn't Fridley's code include adequate parking regulations for each business to off-street parking must be provided: Thank you for giving consideration to our opinion and desire, Sincerely yours, Mr. & Mrs. Chester L. Co.le. Mr. Haggerty said that it seemed that his only objection was the parking on the . street itself. �He said that if that was a problem, and he had discussed this with his c1ient, they could provide additional parking by purchasing property across the street for this purpose. He said that this was the first time they had been made aware of this particular problem, and they would be willing to sit down with the �Planning Commission and solve this problem in any way the Planning Commissi�n saw fit. He said they would try to accommodate Mr. Cole in any way they could.� Mr. Clark said the reason there was a sliver of C-1 property east of the Frontier Club was because this area was zoned before it was platted. It was platted about 10 years ago by Mr. Carlson into Walnut Addition and the lot lines did not follow the zoning lines. Mr. Clark said there was reference made that Mr. Povlitzke would have a problem selling this property when it was a legal non-conforming use. If he sold it to � someone to be used just �he same as it was being used now, it could continue as it was, or it could be used for a lesser use. Mr. Haggerty said that Mr. Povlitzke had invested over $100,000 in this property over a period of years with the intent that someday he would have a full liquor license. He has developed a business, a clientele, and he has said that he �ants to improve the business by putting in larger tables, improve the exterior and the parking area. He said he thought this would be�an improvement �hat would affeCt the entire area. bJith his investment, there was the fact that after this area was zoned C-1, the City of Fridley had an on-sale liquor establishment at this location.. He granted that it was some time since the City had used it for this purpose, but it has always been used at lea�st as a 3.2 liquor establishment. He thought that at this late date, Mr. PovlitzkE should be given consideration for the investment he had made, for the good will he has established, and for the general improvement to the area if this rezoni�g was allowed. Mr. Lindblad said that with all the information that had been presented, along with the fact that with so many people being notified of this request, and there was no one here in opposition to this request, he was in favor of recommending approvaa of this request for rezoning. Mr. Drigans asked Mr. Clark that if the rezoning was granted, would there be any additional setback requirements or any variances needed. Mr. Clark said the setback requirements were the same in C-1 and C-2, so a zoning change would not affect these requirements. � Mr. Drigans said that as he understands this request, the petitioner was asking � for this rezoning because it was discovered that this was a legal non-conforming use, yet his ultimate goal was to establish a res�aurant type of establishment, which was not consistant with the present zoning. Mr. Haggerty"said this could be phrased in a number of ways, but now that it had been brou�ht to the attention of the City that this business was a legal non-conforming use, it had caused problems for his client. � Planning Commission Meeting - April 9, 1975 Page 7 _ � He said that when Mr. Povlitzke called the City and asked if he could put in pool tables, and they indicated that we could not do this, it made us anticipate a lot of problems. In order to avoid these problems, in order to prevent Mr. Povlitzke from having to call the City every time he wants to make•some change in his operation, because of the present zoning, this property should be rezoned. He said the only changes that would come from this rezoning would be that the building would be improved. We are only requesting that the zoning conform to the use this building has had for � over 20 years. Mr. Drigans said pool tables would not be in violation of this zoning, only billiards and pool halls are excluded from this zoning. Mr. Haggerty said he agreed, ' but what he was discussing were the technical interpretations that brought up difficul- ties for Mr. Povlitzke. He said he was not saying the Mr. Povlitzke would have problems, or that legally he should have, but this was a possibility, and in order to �avoid thi�s problem, as well as future problems, he felt this area should be rezoned. Mr. Drigans said that what the Planning Commission had to consider was if it was prudent community planning to locate a restaurant establishment adjacent to a residential area. �n establishment that could have a noon day luncheon that could feature lingerie shows, for instance, the problem of parking for a supper club type . of establishment in a residential area. He said that the case Mr. Haggerty had stated was that this business had always been there and that i� had always been a liquor establishment. Mr. Drigans said he felt this had been a neighborhood establish- ment as opposed to a more open restaurant establishment. This was the difference that he could see. Mr. Povlizke said he had some of the best entertainment in the Twin /'1 City area, and had a$7,000 band for a night, and he didn't think �his could be considered a neighborhood establishment. Mr. Povlitzke said he bought this property as a bar, and it was a liquor es�ablishment before, so who made the error. He asked if he made the error or did the City make the error. � Mr. Haggerty said he thought there was just unawareness�on the subject of the proper zoning. He said tha� Mr. Drigans had stated that this was bordering a residential area, and if you look at the zoning map, the facts, if you want to get technical about it was that this property was completely surrounded by a commercial and industrial area, except for the property to the east. He said he knew that in other areas of Fridley there were restaurant areas that border residential areas. He said a case in point would be Mr. Steak and the other food establishments in that same area that border on residential property. He didn't think the change Mr. Drigans was envisioning was going to be that much of a change. As far as the number of people who would be frequenting this operation, Mr. Povlizke has already mentioned that he wanted to have larger tables, and he wanted to bring in pool tables or other means of entertainment. This would reduce the number of people who would be coming into this establishment. If the Planning Commission was worried about the traffic and parking problem, he said they were willing•to negotiate or attempt to purchase more property in the general vicinity. He said he appreciated the concerns th'e� Planni.ng, Gommi'ssion� might have, but he didn't think there should be so much concern that it should prevent them from recommending approval of this request for rezoning. � `� Mr. Drigans said he had another concern with this type of establishment being next to a residential area, and that was the police problem. He wondered what type,of problem we have with this establisl�ment, not that we didn't have problems with all such establishments, and he would like to know the history of this operation. � P1anning Commission Meeting - April 9, 1975 Page $ Mr. Haggerty said it was the same as any establishment of �his type. There �.y, were a number of times that the police have had to be called in when some one was disorderly or had become intoxicated. He said his client had been instructed that any time there was any problem that he should call the police. This was what he had done, and the police have come. He said that he had called the police as a sort of protective policing, in that they are called before a situation got out of control. He said he thought the police had done a fine job for the Frontier Club and he felt that any such establishment would have a record of calling the police, at least a few times. Mr. Povlitzke said he felt that Sandee's was in a more residential area than the Frontier Club, and they have a liquor license. Mr. Haggerty said that Mr. Povlizke wants to improve his establishment. He wants to make it more enjoyable for his patrons, improve the exterior, improve the parking area, and Mr. Clark has mentioned that they want a green area with landscaping. He said they wanted to work with the City to improve the area. Mr. Povlitzke said that in an establishment such as his where you sell set-ups, you do not have much control. Some one can �buy a bottle of beer and drink a quart of liquor with it, which was uncontrollable. He said you would have much more cor��rol when you sell the liquor. He said there was quite a difference in the clientele of a beer establishment and a liquor establishment. Mr. Langenfeld said that in the Council minutes of January 13, 1975, Mr. Pavlitzke was askedwhat he felt the amount of the investmant would be and Mr. Povlizke had �,� answered that it would be about $50,000. He was then asked if when this was done, would this end up to be a night club, and Mr. Povlizke had answered yes, it would be like the Shorewood Lounge. Mr. Langenfeld said that in regard to that statement, if Mr. Pavlitzke was going to�have food, dancing, entertainment, pool tables, etc., it was hard to visualize that there would be that much area to have all these things. He would like to have Mr. Haggerty give input on that basis. Mr. Haggerty said he would a�k his client to elaborat� more on what he was proposing. Mr. Povlizki said he used Shorewood Lounge as an example oi where they have food,• entertainment and liquor. He said he didn't mean he was going to have individual rooms like Shorewood had. IL could be all in one room. Darrel Clark said that what he thought Mr. Langenfeld was asking was what type of improvement they i:ntended to make on the interior of the � build7ng. Mr. Povlizke said there wouldn't be too many, most of it was in the contents. Mr. Clark said the City had received a floor plan showing the improvements Mr. Povlitzke would want to make. It showed that about 7,200 square feet of the ` building would be used for the Frontier Club. Mr. Clark said a question he would have would be how much of the structure would be left if this floor pl•an was followed. Mr. Povlitzke said he thought it would be about 1,000 square fieet. _ Mr. Harris asked Mr. Haggerty if he thought an error had been make in the zoning of this property in the first place. Mr. Haggerty said the zoning ordinance has changed over the years, and he didn't know how much they had changed since 1956. Mr. Clark had a copy of the original zoning ordinance of 1956 and said it was basically the same as the present zoning code, as far as what was allowed in the zoning districts. .Mr. Haggerty said it seemed paradoxical that the City zoned this property C-1 which excludes taverns and bars serving intoxicating liquors, and�then used this property for that use themselves. He said he would have thought the City would have zoned �"� this C-2, but as Mr. Clark had pointed out, this property hadn't been platted at the time of the zoning, so it would be easy to make a mistake. He said he didn't know why this was zoned this way, and he couldn't make an-opinion on whether this was a mistake. Planning Commission Meetinq - April 9, 1975 Page 9 � Mr. Harris asked if Mr. Haggerty then felt that this zoning shouldn't apply to this property. Mr. Haggerty said he could see what reasoning Mr. Harris was following, and they were going to appear before the Board of Appeals on this question, but he did feel that if this area was rezoned, Mr. Pavlitzke could conform to that zoning. Mr. Harris asked Mr. Haggerty what additional burden this would put on the surrounding neighborhood if the Planning Commission recommended that this rezoning request be approved. Mr. Haggerty said that from his investigation of the situa�ion9 that there would not be that much of'an additional�burden, if any. He asked Mr. Povlitzk� how many people he could accommodate now on an average Frid�ay night. Mr. Povlitzke an:.wered about 400. Mr. Haggerty asked Mr. Povlitzki how many people he could accommodate after he had made his improvements. Mr. Povlitzke said that it would be about 270 people. Mr. Haggerty said that when we were talking about a reduction of people, we were taking about a reduction of 130 people. He said the first thing this would do would be to alleviate the traffic problem that Mr. Cole had complained about. This change would include the upgrading of the exterior of the building and allow them to provide landscaping. This would upgrade the property and would certainly not be a burden on the surrounding area; in fact, it would be a big improvement. They were also willing to obtain additional property for parking. Mr. Langenfeld said that from the discussion, he had gotten a pretty good idea � of the overall improvements to this property Mr. Povli�zke wa� intending to make. He asked i f. ��1r. P.ovl i�czKe i ntended to serve food at the tabl es he was i ntendi ng to put in his establishment. Mr. Langenfeld said he didn't want to get into �..discussion of a restaurant, he just wanted to assemble the information for use in determining whether or not the zoning should be approved. Mr. Haggerty said there would be food '� served at these tables. Mr. Drigans asked if the petitioner was denied the rezoning, and eventua1ly denied the liquor license, could he legally continue to operate his present establish- ment: Mr. Clark said he could as a legal non-confarming use. Mr. Clark said he would take a different example. If there had been a service station here in 1956, and it looked to th� nlanners at that time like that property should be zoned R-1, because it looked likt it was going to be a single family district, even if the surrounding area was all vacant at the time, as a lot of Fridley was in 1956,' that service station could continue to operate as long as it remained a service station. It could change ownership numerous times and still remain a service station. Mr. Drigans said the Zoning Administrator had indicated, and he wanted to read this....."the intent of the zoning ordinance is to allow non-conforming uses to continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing non-conforming use at the time of the zoning restriction was. enacted. However, it is also the objective of zoning ordinances to eliminate non- conforming uses within a reasonable time.".......Mr. Drigans asked Mr. Clark if what he had been saying was that there was no reasonable time established? Wasn't 14 years or whatever it was, a reasonable time? Mr. Clark said he wasn't the Zoning Administrator, but he could venture a guess as to why he stated those things. If it were a service station in an island of an R-1 District, it may just die for lack of business. If it closed as a service station, and remained closed for more than one year, it could not be opened again as a service station, or if it was destroyed by more than 50% by a fire orsome other "act of God", such as a tornado or wind storm, etc., it could not be rebuilt as a service station. The same thing would apply to the Frontier Club. Anything that was destroyed by more J , �� � �� Planning Commission Meeting - April 9, 1975 � Page 10 than 50% of its value cannot be rebuilt if it was a non-conforming use. There was no specific time in years or months that a legal non-conforming use can exist. Mr. Langenfeld said he would like to get back to the basics of this request, and it was his understanding that bars, taverns, restaurants, etc., are ��hr�i.��Ced uses in a C-2 District. His question to Darrel Clark was just where woud this establishment fall in these categories? Mr. Clark�said it would be more than one category, it would be a combination. Mr. Harris asked Mr. Clark how this fit into our Comprehensive Plan? Mr. Clark ` said this section of the City he would presume, had been looked at and studied, but it was not one of the project areas, as such, like Fridley Park and some other areas, where it was generally felt could be zoned somewhat different in the ComprehensTVe Plan. This area wasn't designated for change at all. He could honestly say that the zoning ori this particular piece of property had been looked at all. Chairman Harris asked Mr. Haggerty if he would like to sum up his reasons on why this property should be rezoned. Mr. Hagg.:rty said the primary reason was the leng�h of time this property had been used as one of the uses that was excluded from C-1 zoning, t��e investment that Mr. Povlitzke had put into the premises, the misconception that the City of Fridley, the Zoning Administrator, the Police, and everyone has had as to what zoning this particular piece of property.had. He didn't think Mr. Povlitzke should be penalized at this late date. He also though we should look back to the time when this particular piece of property was originally zoned in 1956 when the City of Fridley was operating an on and off sale liquar establishment. He also felt that this request shouldn't be denied when nobody has made any complaints on this request at this meeting with the exception of the letter from Mr. Cole, and he thought that problem could be alleviated, because we will reduce the number of patrons that we can handle at one time. If we get the rezoni�ng and are able to get a liquor license, we are going to reduc e the maximum number of patrons from 400 to 270. We would upgrade the interior, upgrade the exterior, we would upgrade the landscaping, and if need b e, we would obtain more property for parking, so as to alleviate that problem. He said he had summarized quickly, and there may be other reasons, but just on these reasons alone he thought they should be allowed to go ahead with their plans and the only �way that could be �coomplished was for the Planning Commission ta.-recommend approval of the rezoning request. Mr. Langenfeld said he appreciated the feelings of the adjacent neighbors, and also the feelings of Mr. Povlitzke, but he felt a final decision should be made on updating the zoning. His personal opinion was that �his property should to rezoned to C-2. � Mr. Drigans said that this matter had been before the Council for many months, but this was new �� the Planning Commission. He said his concern was for prudent zoning of an establishment that was this close to residential property. This would not be a neighborhood beer joint, where fellows run down the block and have a beer, but this was going to be a much bigger enterprise, and he had some reservations at this time that he would like to contemplate on, and he was not ready to act at this time. Mr. Langenfeld said that on the basis of Mr. Haggerty's statement, it would seem to him that other than the actual physical changes and maybe the addition to the contents, the general nature of the business was not going to change from what it was already, and thereby it just wasn't going to be different, and as Mr. Haggerty said, the actual amount of people coming to this establishment would be less. What it was right now, and what it will be, as far as the nature of the oper,atio►�,other than perhaps the serving of liquor, will be the same, and this can continue to exist as it Planning Commission Meeting - Apri1 9, 1975. Page 11 was, anyway. ^ Mr. Lindblad said that any change would be for the better in his opinion, because of less traffic and the improvement of the building. Mr. Harris asked Mr. Clark to show the plot plan again. He asked how many parking stalls were provided on this plan? Mr. Clark said he knew they had been counted, and not by him, and he would have to count them physically now, but when they were counted before this went to the City Council, it was determined �that if� the City Council were to issue a liquor license, they would have to reduce the number of seats on what they were proposing on this plan by 10, 15, or 20. The parking ratio was 1 parking stall.for each 3 seats in a place th�.t has a liquor license, and for Mr. Povlitzke to meet that requiremen�, he would have to acquire more land for parking or reduce his proposed seating capacity. Mr. Harris asked if the red line on the plot plan was the property line? Mr. Clark said it wa° the property line, and except for the front of the building, it meant an existing fence. Mr. Povlitzke said this was a 6 foot redwood fence, and some boards were going to be replaced and it would be repainted. Mr.. Harris asked if this was an adequate buffer between this operation and the R-1 as far as the planting strip, etc. h1r. Clark said the code calls for a 20 foot planting strip and this appears to be 20 feet. Mr. Lindblad said the sliver of land adjacent to the east of this property was zoned C-1. Mr. Harris said there was a house built . on this prpperty. Mr. Clark said he thought about 1/3 of tF�is lot was zoned C-1. Mr. Harris said the property south of the Frontier Club was zoned commercial also. Mr. Clark said it was, but there was a house on this property tha� was occupied. � Mr. Harris asked if the exterior plan would go to Building Standards �Gor review? _ Mr. Clark said it would. Mr. Drigans said that Mr. Langenfeld ha� broughi up the point of the difference in the type of business that was going on at this establishment, and as Chairman of the Board of Appeals, he was faced with the other half of this queStion, and that was the non-conforming use. He said the other gentlemen on the Planning Commission had not received the letter by the Zoning Administrator, but he had addressed the problem of non-conforming use which Mr. Langenfeld had alluded to, because it does have bearing on what Mr. Langenfeld has said. He said this was , directed to Mr. Wyman Smith in reference to the Frontier Club. Mr. Drigans read as follows: Dear Mr. Smith: The City of Fridley is in receipt of your memorandum of March 19, 1975 directed to the Zoning Administrator. It has been determined by the City Attorney that the Pulbic Works Director is the Zoning Administrator; therefore, the request for a determination that a non-conforming use exists "as a tavern, beer garden or bar serving alcoholic beverages on the premises; of the referenced property has been referred to me. ' After a substantial review of the City of Fridley Zoning Code and other related chapters of the City Code, together with review of pertinent state laws, the request , on behalf of Mr. & Mrs. Povlitzki for a finding that they are entitled to a liquor license on C-1 property through an existing non-conforming use is denied. The reasons for denial are as follows: 1. That the'manner of operation of a non-conforming use would be substantially changed by permitting the conversion of a 3.2, and set- up operation to an operation having an on-sale liquor license. That while both 3.2 beer and hard liquor are classified as alcoffiolic beverages, the former is '� classified as a non-intoxicating beverage and the latter as an intoxicating beverage, and that both the municipality and the legislature have.made substantial distinctions between the sale of the two commodities. 2. That the requested application for an on-sale liquor license contemplates an increase in the size of the non-conforming Planning Commission Meeting - April 9, 1975 Page 12 use. While it is true tha� the exterior of the building would not be enlarged, it � is likewise true that a larger porportion of the building would be used for the non- conforming use, and �hat conversely, a smaller portion of the building would be used for conforming uses. 3. That the granting of an oa�sa�� liquor license would cause a perpetuation of a non-conforming use. The in�ent of the zoning ordinance is to allow non-conforming uses to continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing non-conforming use at the time the zoning restriction was enacted. However, it is also the objective of zoning ordinances to eliminate non-conforming uses within a reasonable time. A granting of an on-sale license to this applicant would not be consistent with that objective. 4. That - granting of an on-sale license would produce a greater burden on the neighborhood. The applicant in re�uesting the on-sale license indicated that one of the reasons for the request was that with such a Ticense, he would be able to attract more business to the location, If this is correct, it would produce a grea�er burden on the ' neighborhood that is existing under the present non-conforming use. As fur�her ��equested by the memorandum the above decision will be submitted to the Board of Nppeals as provided by Section 205.082 of the Fridley City Code. The matter will be considered by the Board of Appeals at their regularly scheduled meeting of April 15, 1975. . I would like to emphasize that the zoning problem is not a part of an evasive tactic to deny and delay an issuance of a liquor license. It is a real problem that exists and should be corrected through procedures provided in the City C�de." Mr. Drigans said his point was that although the Board of Appeals must consider � the decision by the Zoning Administrator, he does state that ii is his opinion that to go from a 3.2 beer operation to a restaurant type of operation was a substantial � increase in the opera�ion. Mr. Povlitzke has increased the non-conforming use by degrees, and �hat was what the petitioner was continuing �o attempt ta do. Mr. Drigans said this business wa� started as a 3.2 beer establishment and now he plans to go to a full scale restaurant type of operation, and there will be a substantial difference in the operation, and Mr. Drigans said there laid his dilemma. Mr. Haggerty said that he could come back wi�h a lot of counters on these points, tha� could go on for a half hour, legal opinions to legal decisions, but he thought this would be brought up at the Board of Appeals meeting o� the 15th:�.': Mr. Clark said that by rights this was when it should have been brought up. Mr. Haggerty said they recognized that there was a zoning problem, and he agreed with the Public Works Director that there was a problem. He said that what we were trying to say was that wh�n this property was zoned 18 years ago, the City had an on and off sale liquor operation at this location. Since Mr. Povlitzk� obtained this operation, he has developed it, he has invested money into it, granted that he has extended the use of that proper.ty as an allened non-conforming use, but he has improved it while he has been doing it. It wouldseem to Mr. Haggerty that this was a very . late stage to all of a sudden say, hold it, you can't go any further. He said that we can see that Mr. Povlitzke was attempting in good faith to improve the premises, and he thought the best remedy, as the Public Works Director. mentioned, was that it should be corrected through.the procedures provided in the City Code. He said that was exactly what they were doing with this rezoning request. We are trying to correct �..� a problem that had apparently gone unnoticed for 18 years and he was asking the Planning Commission to grant this request. Mr. Drigans said his dilemma was not that the petitioner was going to be granted :�� /'�• Planning Commission Meeting - April 9, 1975 Page 13 a liquor license, that was a Council matter, but his dilemma was that if we rezone we could have a restaurant establishment next to a residential area. Mr. Haggerty said you have that situation all over the City of Fridley. He said that in this particular situation it was not really oriented as a residential area. Because of the platting and with the small sliver of commercial proper�y east of the Frontier Club, this property does not technica.l7y adjoin any R-1 property. In reality there was residential property, but only on the east side of this establish- ment. The individuals who live right next door to the Frontier Club, the house to the south which was on commercial property, and the �First house to the east in a residential area, have made no objection to this rezoning request. If ar�ybody was going to make any objections, in order to have a valid argument, it should have • been one of these two individuals. They are not�at this meeting, and certainly if they had wanted to make objections, this would have been the place to do it. He said tha� all they were attempting to do now that the problem had been made known ta them, was to go through the proper legal procedures to have the problem corrected. �He said this was the best way to correct it. I,t should improve the area,�and it would actually in fac� lessen the burden on the area because of the lower t.�affic load, and hopefully it may even improve ihe class of clientelewho go to the,Frontier Club. � . � Chairman Harris said that he personally didn't feel. he was ready to reach a decision on this request at this meeting. He said he would like to,study this for a week because they had taken in a lot of material and he would like the opportunity to digest it. ^ Mr. Haggerty said the plans have been shown, and this had been discussed very thoroughly at this meeting. He said he would still request that a motion be made � anti voted upon, so we could have some determination as to where we were heading. However, i-F the Planning Commission really wanted to examine this request further and you w�nt to continue this to your next meeting, he would have no objection to that. He said he would appreciate if at a11 possible to have a vote on this request at this meeting. Mr. Langenfeld said he wasn't trying to rush a decision, but he would like everyone to be aware of the fact that Mr. Povlizke had been waiting for the City to make up its mind one way or�.�the other since last November. Mr. Drigans said Mr. Povlitzke had beeri waiting for a liquor license, not rezoning. . Mr. Harris told Mr. Langenfeld that the material the Planning Commission had received at this meeting was material they hadn't seen before. He said there had been a lot of argument for this rezoning, very well pu� forward by Mr. Haggerty, and we would like to examine his reasoning. He thought it behooved the Planning Commission, in any case, whether they ultimately voted for approval or denial, to have sound reasons for their actions. , Mr. Lindblad said he would just as soon have this settled this evening, but as it stands he didn't think they could come to an agreement, so he would have to go along with the continuation. ' '� MOTION by Drigans, seconded by Lindblad, that the Planning Commission continue the Public Hearing on the reaoning r�quest, ZOA #75-02, by Wyman Smith, Attorney for Richard Povlitzke and the Frid7ey Frontier C1ub, to rezone from C-1 (1oca1 business areas) to C-2 (general business areas), Lot 1, B1ock 1, Walnut Addition, to bring the � Planning Commission Meetin April 9, 1975 _ Page 14 existing use of the property into a uses permitted category of the City Zoning � Code, the same being 7365 Central Avenue N.E. until April 23, 1975. Upon a voice vote, a11 votinq aye, the motion carried unanimously. �'1 � Chairman to delay him, time to digest Harris told Mr. Povlitzke that the Planning Commission was not trying but they had gotten a lot of material at this meeting and they wanted it so they could do a good job. 2, PUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT, SP #75-02, BY �YMAN SMITH, ATTORNEY FOR W. R. STEPHENS, JR.: To permit the sale of new and used cars, per Frid1ey 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, Pearson's Second Addition,. the same being 7701 East River Road. Mr. Mark Haggerty, replacing Wyman Smi�h who was ill, W. R. Stephens, and Roland Benjamin, proposed manager of the new and used car lot were present. MOTION by Lindblad, seconded by Drigans, t'�t the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #75-02, by Wyman Smiih, Attorney for W. R. Stephens, Jr. Upon a voice vote; aIl voting aye, Chairman Harris declared the Public Hearing open at 9:43 P.M. Mr. Clark showed a map of this area and explained tha� this property and the lot directly north of this property were both zoned C-2S. He said that north of thes� two lots were the Meadow Run Apartments. East of the property that was presently occupied by A-1 Motor Sports was an industrial factory, Barry Blower. The south side of 77th Way was zoned general multiple family dwellings and were occupied by 4-plexes. Across East River Road from Criag Way to 79th, there was a two lot depih �of R-2, . double bungalows, although noic occupied by 2 family dwellings from Craig Way to_Pearson's Way. The balance of the property to the west of East River 'Road was zoned R-1 (single family dwellings). Mr. Clark said the reason the pe�itioner has requested a Special Use Permiic was because in the zoning code under C-2S District, this was a permitted use only after having secured a Special Use Permit. In particular what the petitioner wants to do was to operate a new car agency with the opportunity to se11 used cars as well. �h� proposed auto dealership will be a Datsun dealership. Mr. Stephens presently operates the same type of dealership in the southern part of the metropolitan area. Mr. Clark said he had a drawing of the subject 1ot, showing the location of the bu�lding and some of the improvements they wished to make to the exterior of the building and the surroun�+ing property. He said that basically the structure would not change in size. The �ront'part of the bui�lding with the windows would still be used as a show room area. The.back part of the building wo�ild be used for offices and a mechanical area where cars would be brought in for servicing. There will be� an additional display along East River Road. They are planning to put in additional landscaping and green a�eas along East River Road and 77th Way. Mr. Mark Haggerty said that Win Stephens had a Datsun facility south, and they wanted to have a facility in the northern suburbs. He presented a colored rendering of how they proposed the new facility would appear and also a photograph of Datsun South, showing how that facility looked at the present time. He said the photograph showed how the new site would look after it was landscaped.� He said the landscaping along East River Road and 77th Way would be done by professional landscapers. He said the building would be improved and we will meet all the requirements of the fire codes and building standards. . • . .. Planning Commission Meetinq - April 9, 1975 � Page 15 • Mr. Haggerty said that there was one thing he would like to point out in regard to the Specia1 Use Permit. �e said this property was zoned properly for � this type of establishment. The reason for the Special Use Permit was so that the Planning Commission,,the City Fathers, and the people in the surrounding area had an opportunity to have some input on how the proper use of this property would be established. He said the point he was making was that there were a number of other uses that this property could have, either with a Special Use Permit or under C-2S zoning. He said that just under the C-2S zoning the permitted uses were; drug stores, hardware stores, department stores, bakeries, bars, taverns, household equipment repair shops, florist shops, commercial recreation, restaurants, excluding "drive-ins", hoiels, motels, theaters, lodges, assembly halls, auditoriums, hospitals, clinics, nursing homes, convalescent homes, homes for the elderly, offices, including business and professional, vocational trade schools, laboratories, medical, dental and optical, _. and harmless and inoffensive laboratories assessory �o permitted uses, in the same building, other retail or wholesales or service uses which are similar in character . to those enumerated above, will not be dangerous or otherwise detrimental to persons � residing or working in the vicinity thereof; or to the public welfare, and will not impair the use, enjoyment or value of any property, but not includingany uses excluded hereinafter. Mr. Haggerty said these were all permitted uses that did not require a Special Use Permit. � Mr. Haggerty said that businesses that required a Special Use Permit in C-2S zoning were bus and taxi terminals, and Section 205.101, 3, 6, was automobile agencies selling or displaying new, unused vehicles, and as they would have used cars to sell also, this was 3, G, under the same section of the code. He said this establish ment would primarily be a new car dealership. It would be a Datsun dealership, which was a very fine car, if he could make an advertisement here. With a new car dealership, you have to take cars in on trade. This was why they had to have a Special Use for used cars also. He said it was not going to be the type of establishment where they would try to push used cars like an "A-1 Used.Car" or anything like that. He said he was talking about a first rate new car dealership. Mr. Lindblad asked Mr. Clark if this Special Use was granted, would this request be going to Building Standards? Mr. Clark said whether it was continued,,approved or denied, it was on the Building Standards agenda for April lOth. Mary Martin, 133 Stoneybrook Way, said she objected to the Special Use Permit being granted and because this use needed a Special Use Permit, she didn't see � how Mr. Haggerty could say this was the proper.zoning. She said the area from Mississippi to the northern ring of Fridley, despite the fact what it was zoned and because of special variances to the code in the past, had no commercial use whatsoever. From Mississippi all the way North was one big neighborhood story. East River Road has become a residential area. If you allow this business to come into this area, it will bring more traffic, and as you know, East River Road causes more accidents than any other street in Fridley. This would endanger our children. Mrs. Martin said that over 'the years there have been other businesses at this location and she had listened to music by Muzak, and the sound of little motors. Even when they try to control the noise, it cannot be controlled. If we now get used cars, we will have a lighted lot and pennants flying which were not aesthetically beautiful. She thought this use was thoroughly objectional in a residential area. Mrs. Martin asked the people in the audience who objected to this request to stand up. About 25 people stood up. �""� Mr. Drigans asked Mr. Clar.k if this wasn't the proper zoning for this use? Mr. Clark said Mr. Haggerty had stated it correctly. This was the proper zaning, but our Code says this type of business needs a Special Use�Permit. There was no zone � Planning Commission Meeting �.Apri1 9, 1975 � Page 16 in the Ci�y of Fridley that would allow the sale of new and used cars without a n Special Use Permit. � Elaine Hartman, 119 Craig Way N.E. said she didn't think there was enough parking provided on this property, and there would be parking on East River RQad.� She thought this proposal would add to the traffi.c problem, and to add to this problem the City of Fridley would probably end up putting a semaphore at 77th Way. Mr. Clark said it would be the County's decision on where the semaphore��a�� located on East River Road as this was a County road. He said there had been a study made some time ago, and although no determinations have been made, if there were any additional semaphores added they would be at 79th and 81st. Paul Burkholder, 7860 Alden Way, said he owned the 4-plexes across the street on 77th Way and also the vacant corner lot. He said that in talking to Darrel Clark about another small apartment building on this vacant lot, and-he was told that he �would no� be allowed to have access to East River Road for this apartment proposal because of the traffic problem on East River Road, and they would have to u�e 77th Way �or their access. He said the plot plan for the Special Use shows their driveway coming right out on East River Road. He said that exclusive of that, he thought this � proposal was so inconsistant with East River Road and would have such a debilitating effect on real esta�e values. He said this was one of the choicest areas of Fridley, � and �hen they want to put a used car lot in this area. He said the City had in fact denied an oil station from going into this area at 79�h and East River Road and that lot had more spare footage than this property. He said that Fridley had gone to a great deal of expense to put in an industrial park, and typically these things go in along �^� major highways. They are not across the street from residential areas. He said he objeets to this proposal now, and would con�inue to object all the way to the City Council. - Mr. Dennis Batzer, 170 Craig Way, said the traffic on East River Road was much too heavy, as every one knew. She said this residen�ial area was rated number two on the tax rolls because they were supposed to be an exclusive neighborhood, and we paid for �hat. With a ��sed car lot, our streets will be a t�y-out field, a drag strip.;She said that last summer we had motor cycles running circles on our streets, and we don't want any more of that. She said it was only reasonable that people would want to try out a car before they made a purchase. Jan Seeger, 324 Ironton Street, said she had gone down Ironton and Hugo Stree�s and talked to people just to see what their feelings were about this request. She said they didn't want their streets used for testing grounds and felt the traffic was too heavy now. � Mr. C. M. Kam, 120 Talmadge Way N.E., said he had lived at that address since. , 1955 and had watched the area develop. He said they have had many problems with people applying for rezoning for apartments, businesses, for everything. He thought that in 1957 or 1958, the City designated that the only.place you could have industrial was a narrow band along the railroad tracks. He said University Avenue was the great white way where they used restaurants and used car lots as a buffer zone between the highway and the residential area. He said we don't do that any more. He said Central Avenue had become an industrial area and Viking Chevrolet was located there, and he � thought this was where this proposal belonged. This would not be disturbing a residen- tial area over there. He said he objected totally to having this business in his �rea. . Mr. John Dumphy, 155 Stoneybrook Way, said he had lived in Fridley for 20 years and in this area for 12 years. He said he would be looking into the lion's mouth of Planning Commission Meeting - April 9, 1975 PAGE 17 of this operation. He said that in the winter time when the windows were closed, ^ it wouldn't be too bad, but when warm weather comes, the presence of ihese types or operations were apparent in the extreme. He said this type of building should � never have been put in in the first place. This was a residential street and it shouldn't be turned into a commercial street. He continued that it was very difficult for a commercial enterprise to make it on this street. He said there had been a service station up the street for 15 years. He understood this was abandoned now and was an eyesore io the community. There had been a pool center and a snowmobile and moiorcycle business at this location and they both failed. Mr. Dumphy said they didn't want a used car lot at this location. He felt this would lower the property values in the residential area. Mary Martin said it was her understanding that when Viking Chevrolet was established, they were required to have a driveway into a service drive and also a driveway into a side street. She would like to have the Planning Commission check to see if this was a requirement for car sales. Mr. Clark said this wasn't a City �requiremeht. It may have been a requirement o� General Motors. He continued that as far as this property was concerned, there obviously wasn't a serviee dri•�. At �he time this property was platted in 1968, there was discussion that there be only one access to East River Road for the two lots zoned C-2S. Lillian Meyer, 7868 Alden Way N.E., wondered if there had beer� a traffic study done in having access to East River Road from this p.roperty because it was her recollection that when the apartments were built further north, that they were denied access to East River Road. ;� Mr. Clark said as he had mentioned before, when this property was platted, Plats & Subdivisions Subcommittee, the Planning Commission and the City Council all - d�eided that there could be one common access for this lot and the lot north of i�. The County couldn't deny one access from property to East River Road without com- pensation. The double bungalows on the west side of East River Road have common a driveway which makes one access from each two properties. H� said the plan for this property had just C��e in, but he would think when this was studied by the staff and vario.uscommittees, the access would be moved further north because of the require� ment of having a common driveway ior both lots. � � Mary Martin asked if all the property from 77th to 79th had all been zoned C-2S a.t one time. Mr. Clark said it was all the same zoning prior to the building or the Meadow Run Apartments when the property north�of the Creek was zoned R-3. They were allowed to have one access off East River Road for this apartment complex, which they now have. Consequently, this area was platted south of the Creek, and they were allowed one access. Charles Seegar,�324 Ironton, thought the question was if any commercial area . should be.allowed along East River Road. Ed Jonak, 133 Craig Way, said everyone has talked about the noise, but he was concerned about the lights from this operation shining on the homes across the street. . Bub Dueholm, 290 Craigbrook Way N.E. said he would like to have the parking layout explained to him. Mr. Roland Benjamin, proposed manager of the new and used car dealership explained where they would have the 50 new car inventory, the 40 used car inventory, and customer and employee parking. Mr. Burkholder said that it looked like the entire area would be blacktopped and where would all the water drain? Planning Commission Meeting - April 9, 1975 � Page 18 Mr. Win Stephens said he would like to make a few remarks. He said he appreciated the concern voiced by the audience about a new and used car lot:because there were � some'�hings he didn't like about them either. He said he ran three operations, and they had tried to upgrade these operations, and tried to maintain t�em in a very high class,a very good looking manner. He said that merchandising of cars has changed, along with everything else. He said we have shown a picture of an operation we are running now. We have also made the same agreement with St. Louis Park, where we ran into the same problems and objections we have run into at this meeting. As far as the parking was concerned, we are open minded. The building was there. We feel we ca�i improve the building and facilities tremendously from what they are now, and this wasn't meant to be a criticism.. We will have to spend a lot of money to do it right. We also feel we have a project that we aren't concerned about getting on an 'automobile row', so to speak. It was a very fine economical product. He said - they were open minded about all the exterior deVelopment. In fact, he would like grass all the way down to East River Road. He continued, that as Mr. Benjamin had stated, we need room for a new car inventory of 50 cars, and a 40 car used car inventory He said �hey were not in the used car 'junk' car business. It was not ec.onomically sound for �hem to put a lo� of cheap used cars on a high priced facili�y, s� consequentl� they only retail late model used cars, and we immediately rotate out old ca��s to other areas and�other dealers. He repeated that they were open minded about the exterior development o� this property. Mr. Stephens said that they did not use pennants, because in the first place � they aren't allowed under most City cQdes, and they didn't want to use them. As far as lights, he thought with daylight saving time, they only used their ligh�s about 4 months of the year. They were open until 9'o'clock Monday through Thursday, they closed at 6 o'clock on Friday and Saturday, and were closed all day Sunday. ,^, He said they would have to have security lights to help prevent vand�lism. Mr. Fred Mulvihill, 140 Craig Way, said he understood there had been a tra�fic study done to bring the traffic count down on East River Road and divert some of the traffic over to University Avenue. He asked if this proposal wouldn't defeat that purpose. He said the railroad crossing had no signal on 77th Way and he thought this proposaal could add to a dangerous situation. Mr. Clark said again that getting back to the study done 3 to 5 years ago, that at that time, al�hough this was noi mandatory, they were thinking of closing the 77th Way crossing and moving the crossing up to 79th. 79th would be the proposed signal location, and 81st might be made a railroad crossing also. Then we would have a railroad crossing at Osborne Road, 79�h, 81st and 85th. Mr. C. M. Kam said he had been on the safety committee for many years, which was now defunct. He said they had a lot to do with putting in the stop signs on East River Road. He said they had many arguments with the County. They said this was a County Road and they wanted to move traffic, so the possibility of another signal light on East River Road was very remote. He said the traffic was very dense and dangerous. Mr. Clark said he didn't say there was going to be more signalization, it was just that someone had brought up the point of a signal at 77th Way and he was pointing �out that there had never been a proposal for 77th, and if there were ever more signals, they would be further north. ' � Mr. Burkholder said he would like to know the petitioner's future plans, if by some miracle he would get approval of his request. He said he didn't doubt Mr. Stephens' business acumen, he was a successful busines"sman. Mr. Burkholder said the �� � Planning Commission Meeting - April 9, 1975 � Pa e 19 building was already on the location, some cosmetic treatment, and it wouldn't cost ^ much to get a business started there, maybe $2,000. What if in two years time he would decide to go over to Highway #65 and start a large operation? Leonard Samuelson, 7800 East River Road, said that he hoped �that Mr. Stephens would appreciate that the people in the audience were Mr. Samuelson's neighbors. He said that he was the original builder of this phoperty, and said it was built and zoned properly for a pool center, and when this building was taken over for a..mdtor cycle and sr,towmobile business, this was unknown to him because he no longer owned the building. He said the operation that Mr. Stephens was concerning himself with was a far cry from snowmobiles and motor cycles. He said he had visited Mr. Stephens offices in St. Louis Park and found the operation very quiet and condensed, and found a very high grade of personnel available at the facility. He said we were talking abou� dollars and cents, on what Mr. S�ephens was going to invest in this operation. He said he had drawn up the preliminary plans and it had taken about two weeks �o price out the improvements Mr. Stephens wanted to make. He said Mr. Stephens would be s}�ending in excess of what it cost "to build the building back in 1968. 'It will be in the reaims of $100,000. ,-his was �o upgrade the facility with. landscaping, parking, painting, the signing, bl�acktopping,. changing the fence and internaJ improvemen�s. He said that when Mr. Stephens and Mr. Benjamin approached him they said they wanted to do the job right. Mr. Samuelson said that every one here had the same problem. We have an existing structure. If Mr. Stephens doesn't provide the investment, he said wh�t do we face ? He said we would have a vacant building, the ex�terior of which wouldn't be maintained and the area would go to weeds. He said the adjoining property had already gone through foreclosure. As a viable neighborhood, we•do face a problem. He said ,you can't ga up to the Planning Commission and say we don't want that building, zone the propep°�tv to residential. With the existing zoriing, with the existing building, what do you do? You have a situation where Mr. Stephens was only requesti.ng a Special Use Permit. Mr. Burkholder said he apprecia�ed Mr. Samuelson's remarks, but he took exception to the neighborhood having tfie problem. He said the neighborhopd did have a problem. He said that the i�act that someone owns a building there didn't make the neighborhood obligated because peop1e had made some bad judgements. He said the City had a weed control program, and this would take care of the weeds. He said he was a businessman and Mr. Samuelson was in busines�s, and no one takes us ouf: of it if we make an error in judgement. Mr. Burkholder said he didn't consider this as his problem or Fridley`s. Mr. Drigans told Mr. Burkholder that what he thought Mr. Samuelson was alluding to was that if you looked around in many of the communi'ties and saw all the closed service stations with the windows boarded up and the buildings getting dilapitated, tha�t this was what he meant by having a vacant building at this location. Mr. Drigans said he didn't live on East River Road, but he was concerned about any empty building in Fridley and its aes�hetic appearance. Mr. Burkholder said he agreed with Mr. Drigans and said he owned the property across the street from this building, so he did have a vested equity in the property, and he didn't want anyone to construe that he didn't care. He did care. He said that he was concerned that Fridley have the right thing in the right places, and that was why he had attended this meeting. He wasn't against progress per se. He said he was in the real estate business and i:t was a nation-wide � � problem, these closed service stations. He felt that they would find alternate uses for these stations, the same way he felt a better ultimate use could be found for this /'�, particular corner. . Mr. Samuelson said he felt this proposal was a viable use for this facility. �� � Planning Commmission Meeting - April 9, 1975 � Page 20 Mr. Drigans asked if the snowmobile operation at this corner req�ired a Special n Use Permit. Mr. Clark said he didn't think it did, but he would like to check the records before this was accepted as a fact. He said he didn't know if our Code � called for a Special Use Permit for the pool center in 1968 either. Mr. Drigans asked Mr. Stephens if he would elaborate on the amount of traffic that was generated at his St. Louis Park opera�ion. Mr. Stephens said he didn't think St. Louis Park would be a good comparison. He said he would discuss his operation on I: 494. He said they ran an average of 25 repair ordera a day. He said they sold on the average of 2 to 3 cars a day and their sales ratio �aas 1 out of 4 customers. They would sell that many cars on from 10 to 12 customers. He said we were �alking about 12 walk-in customers a day and from 25 to 35 service customers a day. Then you can plan on having abou� 20 employees. Mr. Drigans asked Mr. Stephens hova they road tested their cars. Mr. Stephens said they do have some road �ests, but they have a dynamometer, and he thoiaght mosi people,were familiar with that. When they do � road i:est, i;hey take the car out on the road and run it for a half haur or so. He said that they really did very 1itt;P r�•oad testing though, because this equipment was pretty saphisticated. Mr. Drigans asked�!P�r. Stephens what would be the normal period of time that a used car would sit on the lot. Mr. Stephens said they tried ta turn their complete inventory every 30 days. He said the cars were on the lot sometimes only 4 to six days and he thougF�t the average len�th would be about 10 days. � Mr. Drigans asked if they intended to have a service facili�y at this location. i"'� Mr. Stephens said yes, thai was what they were using �he back pari of the building for and �hey would have 10 mechanical stalls with hoists. Mr. Drigans asked if they proposed to do any body work. Mr. Stephens said no. Mr. Stephens said this building was a warehouse type shell now, and a lot o-f expense for this bu��nESS would be an elaborate fire proofing of this building. Mr. Drigans asked if this facility had a sprinkler system. Mr. Clark said they hadn`t discussed this wi�h Mr. Stephens, but �here would have to be a one hour fire wall between the mechanical and office portion of the building, and they would have to put in a one hour ceiling in the mechanical area or go to sprinkling. Mr. Drigans asked if there would be any storage of gasoline at this location. Mr. Stephens said he doubted that very much, as there was usually a service station in the area that they would use. � Mr. Langenfeld asked Mr. Steph�ns if there had been any developers interested in developing this property as residential property. Mr. Stephens said he was not familiar with such a request, as he was purchasing this property on an option basi�. Mr. Langenfeld said he would like the audience to think about if they would like an apartment building, or a duplex on this property, or to have the building remain vacant. He said he would like to ask Mr. Clark what tax benefits, if any, could be derived by the people in this area if this proposal was approved. Mr. Clark said that in the iirst place, he was not the tax assessor, but he ^ didn't think there was any place in Fridley where a property owner was given a d��rect tax credit for whatever was across the street from them. He said �ny taxes derived from this property would be just part of the taxes collected, and any benefit would be shared by everyone. . , .,�, Planning Commission Meeting - April 9, 1975 Pa e 21 - Leonard Brandt, 190 Craigbrook Way, said it had been mentioned how much money Mr. Stephens was ready to invest in this business, but he too had invested n a lot of money in his property, and ifi this use was allowed, it could lower the value of his house. He also wondered if Mr. Stephens was going to want to purchase the lot to the north of this property, ta use as a parking lot in the future, if things went well. HE also was concerned about the shrubbery. He said Fridley always requires that they put in shrubbery, and developers do, but by the second season it was all dead and gone. They never take care of it. He said he had never found out that there was a must that they maintain it. Mr. Stephens said he had no need for the property to the north of the lot he wants to use. He said he though� it would get economically top-heavy to purchase this lot along with ihe other one. He said the picture they had presented of an existing facility ha� been in opera�ion for nine years, and they could see how nice the shrubbery was and how it had been maintained. He said it would be very detrimental to their business to let the landscaping go down. Mr. Brandt said he thought this was one of the choicest areas of Fridley, and this would be de.:�imental to the area. Mr. Stephens said his only answer to thai would be that this would be much, much more desirable than what he sees on that property now. He said �hey always maintained their operations. . Jan Seegar said that one of the fears her neighbors h�u �as �hat one used car lo� could lead to a'Lake Street' along East River Road, rather than what we had now. Mary Martin said that the people who lived on Craig Way were ready to move out �,..� o� this area, just from what was on that corner now, but it was economically unfeasible under the present circumstances, so even if this proposal would imprave this property, it was sti11 relative. She said she would like to know how many security lights there �were going to be and how bright they would be, because she was going to have to sleep with them. Her second question was how many feet o� blacktop they were going to add to this property, because ever� foo�c or blacktop they put in will drain in her back yard. Mr. Samuelson said the increase in the blacktop area would be about 1,800 square feet which would drain to the East River.Road ditch to the Creek and then to the river. He said the drainage as it was and the drainage that will be, would be negligible. � Mr. Bob Dueholm asked that if the Special Use was granted, would it be strictly for the Win Stephens Datsun dealership, or wou7d this parcel of land always have this special use. Mr. Clark said he was not the City Attorney, but we have in the past, tied the Special Use to a particular operator, with the stipulation that a change in ownership would require Council approval. As far as he knew, this hadn't been challenged. He said that if Win Stenhens wante d to transfer the Datsun dealership to another owner, it would probably be hard to deny the second owner. Perhaps if it changed from a Datsun deaTership to a different dealership, denial might be easier, but he couldn't say. Mr. Dueholm aaked that if a Special Use Permit was granted for this operation on this lot and Mr. Stephens decided to purchase and use the lot to the North, would this Special Use automatically cover that lot. Mr. Clark said he could use this lot for customer and employee parking without a Special Use Permit, but if he wanted to n use it for the storage of new and used cars, it would reguire ano�her request for a Special Use Permit. - -�*�� Planning Commission Meeting - April 9, 1975 Pa e 22 Mr. Dueholm said there were 32 parking spaces on this property. He said Mr. Stephens had said tha� they will have a new car inv.zntory of 50 cars, a used ^ car inventory of 40 cars, 20 employee cars, and 10 customers a day. This adds up to 120 parking stalls, and he didn't see where.all these cars would fit on this lot. This� was four times more cars than he had stalls. He said it would seem to him�that the lot to the north would be useful for employee and customer parking. Mr. Harris said Mr. Stephens could use this lot for that purpose without a Special Use Permit. Mr. Dueholm said that was the point he was trying to make. Mr. Dueholm asked how the cars would be delivered. Mr. Stephens said they would be delivered by truck. i'"1 n Mr. Stephens said he would agree that they have a limited amount of parking on this property. He said he felt they could get by with what they had, because although they had talked�about how many cars they would h'ave on this lot, there was a lot of fluxuation, and sometimes their stock was low and sometimes they got in a lat of cars at once, so there was quite a variable. He said he thought �hey could get by, and they could make use o� temporary storage in another area. . Mr. Drigans said that if Mr. Ste hens was � p given a Special Use Permit, «nd he found that this was not a financially sound dealership, in no way would he be allowed to operate this as a used car lot only. This was an exclusion in a C-ZS zoning, so have no fears that this was going to be a used car lot only. Mr. Clark said we had gone into this before this evening, but he thought they s{�ould go in-to what would be allot��ed in this zone without a Special Use Pei°mit, whether it was economically reasible or not. There are many other commercial uses that could be put on this property and he thought the Planning Commission, the Council and the people in this area should be aware o�f this also. He said he wouldn't go through the permitted uses in C-1 and C-1S zoning, although they were all allowed in a�.-Z� zone a1so. The permitted uses in C-2S are drug stores, hardwat°e stores, depart- ment stores, bakeries, bars, taverns, household equipment repair shops, floris�t shops, commercial recreation, restaurants, excluding "drive-ins". hotels, mot�lss theaters, lodges, assembly halls, audi�toriums, hospi�als, clinics, nursing homes, convalescent homes, homes for the elderly, offices, including business and pro�essional, vocational trade schools, laboratories, medica]., dental and optical, and harmless and inoffensive laboratories accessory to permitted uses, in the same building, other retail or wholesale sales or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons residing or working in the�vicinity thereof. Mr. Clark said that in addition to these primary uses, there were accessory uses which were: Business signs, off-street parking facilities, off-street loading facilities, recreational facilities such as swimming peols and skating rinks, which are available to the public, storage of inerchandise,solely intended to be retailed by a related and established principal use, telenhone booths, bus or taxi loading and unloading facilities. Mr. W. "Red" Stang, of A-1 Motor Sports, said he was part owner of the building where Mr. S�tephens was requesting to h�ve his new car dealership. He thought the wrong impression had been given that this building would stdad emp�y if Mr. Stephens request was denied. He said he had been approached by Kowasaki and they were willing to back him in having the largest Kowasaki motor cycle dealership in the United States. He said he could have this dealership on this property. He said he would rather move over to Highway #65 and remain a small operator on a more personal basis, but rather than have this building stand empty, he would go into this dealership and he would have to handle a minimum of 350 to 500 motor cycles a'year. �- _.— Planning Commission Meeting - April 9, 1975 Page 23 Mr. Clark said that our zuning ordinance doesn't say that snowmobiles are � a permi�ted use or an excluded use, or even if that use needs a Special Use Permit, probably because no one had heard of snowmobiles when our ordinance was written, so he didn't know if Mr. Stang could have this large an operation or not on this property. He s�aid it would take a determination by the Zoning Administrator and the City Attorney before it would be known if this was a permitted use. Mr. Harris said the problem with this was that Mr. Stang had already sold snowmobiles and motor cycles at this location. Mr. Clark said he was aware of that, but he didn't know about that large of an operation. Ne couldn't say that Mr. Stang could or could not do this. _ Mr. Kam said it was his observation that th�s snowmobile business and motor cycle business had sort of sneaked in the back door, and if anyone had been aware of what was going in at this location, it would have faced a lot of opposition. � M�°. �Burkholder asked Mr. Clark the percentage of land area coverage by the building, the percentage of parking area and the percentage of green area n�cessary in C-2S zoning as he wasn't familiar with this section of the zoning ordinance. Mr. Clark said the building could cover 40% of the land area, and this building was� less than 40%. The green area only has to be a 20 foot strip along the right of ways or when it was adjacent to residential property. On the parking, 20 foot of the fron� area was restricted, and that was the green area, and they cannot park any closer to any lot line than 5 feet. He said he couldn't find any restrictions on the percentage of black�op in the Code. �..� Mr. Drigans said that one of the reasons for a Special Use Permit was to allow the City the right to establish certain regulations and restrictions on the property. He said ihis could include the number of vehicles allowed on the property and any other res�rictions that wer� pertinent and reasonable. Mary Mar�in said �hat when this lot was fu11, people would be forced to park on East River Road. Mr. Stephens said he still felt they had adequate parking. They would keep the drive in area open. He said this type of opera�ion did not have a rush hour like a grocery store or a drug store. He said people come and go. He said they were anxiaus to have people come in easily and readily and have a place for them to park. Mra Benjamin said that in their �acility in south Minneapolis, they do use auxilliary parking for their new cars so they can keep adequate parking for their customers. • Mary Martin said she didn't feel she got an adequate answer on how much black�op there would be on this facilit,y. Mr. Samuelson said he could show what was being added, and he didn't think this would increase the run-off from this property. She said the other question she had asked was on the ligh�ing. Mr. Samuelson said this was a very good question and one he was sure other people were concerned about. He said Mr. Stephens had answered the question on the lighting on when the facility was open for business. He said the security lighting was another question. Mr. Samuelson pointed out on the plot plan where the security lighting would be located. He said that the security lighting would be directed back towards the site, except for the high intensity light on the 20 foot pole. They arould have 120 foot candles at the bumper level and back further they would have 80 foot candles. There would be mounted fixtures on the building itself. �, . Mary Martin said she would like to address the Planning Commission as a member of the Environmental Quality Conunission. She said that as a member of the Envi.ronmental _� _ �� Planning Commission Meeting - April 9, 1975 � Page 24 Quality Commission she was concerned about the quality of life in Fridl�y. �he thn��nht this included what you had to look at and listen to, and everythir�g else. ,�-, She wondered if Mr. Stephens would like to sleep under that many lights. She ' though� these things were very important in order to continue the quality of life in Fridley, and thought the residents as well as businessmen had to be considered. � Mr. Stephens said they had had similar pt^oblems before, and they did put reflectors and shields on their lights so there was no reflection across the street. It worked out very well�and he was sure they could do the same thing in Fridley. Mr. Langenfeld said he would like to read a portion of tihe Fridley Code to the audience. He said it pertains to what we are discussing here, and it may hasten this discussion a bit. This was in regard to'a Special Use Permit. He said it stated in the Code ihat " Zhe purpose of a special use permit is to provide the City of Fridley wi�h a reasonable degree of discretion in determining the suitability of certain designated uses upon the gener•al welfare, public health and safety. In making this determination,,whether or not �he special use is to be allowed, the �City must consider the nature of the land upon which the use is to be located, and nature of the adjoining land or buildings, the proximity or a similar use, ��ne effect upon traffic in�o and.from the premises, or on any adjoining road, the total number of similar uses within, the City, and all such other or further factors as the City sha11 deem a requisite of consideration in determining the effect of such use on �he general welfare, pub1ic health, and safety." Mr. Langenfeld said he would like to indicate at this point, in regard to environmental procedures, etc. that both the Planning Commission and the Environmental-Quality Commission would like io look into this request. He said that in reading what the.purp�se�of�a Special Use Perm9t was, you could see that before any determination could be made, all of these factors must be given proper �onsidera�ion. . Mary Martin said that piece of property was already higher than the residential area. Mr. Charles Seegar said he thought his requ�st should be turned down and the property left as it was until a proposal came in that the residential area could live with. . Mr. Drigans said the only way this property could be rezoned would be if the owner asked for rezoning or if the City went through condemnation proceedings which would �e very expensive. Mr. Langenfeld said he appreciated the feelings of the people who live along East River Road because he lived on East River Road himself. He just wanted to bring out that the Planning Commission had to take into consideration the rights of the property owner also. He has the right to be heard. He said the purpose of a Public Hearing was so that a11 parties could be heard. . Mr. Burkholder asked if the Datsun sign would be lit up at night: Mr. Stephens said that if he meant all night, no, it would go off with the exterior light, leaving just the security lights on. . Mr. Stephens said this sign would not be placed on the building as it was shown on the drawing. It wouldn't meet the requiremen�s of the sign ordinance there, and would be placed on the back portion of the building. He�said, as he �ad mentioned �� before, that the exterior lights would only be on for abcw t 4 months of the year because of daylight saving time. _ - ,�., � /"� 0 /"� Planning Comrnission Meeting - April 9, 1975 - Page 25 Mr. Clark said they had discussed the Datsun sign with Mr. Stepbens and ii cauld be raised two feet above�the roof of the building, but it could not be on top of the roof. Mr. Harris had it called to his attention that not everyone who should have been notified of the Public Hearing had received notices in the mail. He read the mailing list to the audience. Mary Martin said there were people that should have been notified that were not on the list. Mr. Harris asked the staff to check on this. Chairman Harris said this Public Hearing notice was also published in the Sun Newspapers. Mr. Clark said that if the Ciiy Code were followed, only persons within 200 feet of this property would have to be notified of a request for a Special Use Permit, but in practice we notify everyone within 300 feet, except for rezQning, and that was 350 ieet by.S�tate Statute. He said it was not ihe intent of anyone on the City sta�'f ta not send out notices of these Public Hearings, because we all gain from citizen input at these hearings. He said there was sometimes a lapse of 30 t0 60 days in getting a net� property owner's name from the County and some people who purchase property on contract for deed did not file these with the County. This can cause problems in notifying the current owner of the property. One man said his name was on the "'st, but he had ilot receivecl the notice. Mr. Haggerty said that if there were no more questions from the floor, he would like to summarize what had been said and to restate their posiLi.on. He said it might clarify a few things, and it may open up a-�ew moy°e questions. He said the first thing he would like 1:o do was to thank all the people who had come to this meeting. He said tMis was the way it should be when someone was proposing to open up a new business. The communi�ty should know what was being proposed. We have to live in this community and we have to work with the community. Mr. Haggerty said the property was zoned correctlyo The only requirement was that we have to obtain a Special Use Permit first. What tha� meaiis, as Mr. Langenfeld pointed ou� �che purpose, was that it gave the Planning Commission �the power to apply restrictions in granting a Special Use P�rmit if they feel there was evidence to show that this could endanger the public health, safety and welfare. Otherwise, they cannot i:echnically deny the Special Use Permi� because the property was zoned properly. Ne said that a number of people have voiced a concern about real estate taxes. He said that technically and legally th� ef�ect on taxes was not a factor that shauld be considered. However, he thought they would have �to look at the proper�y in question. First, the property just north of this lot has been foreclosed upon. He said the property in question may contin�ae or not continue if Win St�phens dealership did not move in. He said tha'c the point ' was that Mr. Stephens was ready to invest over $100,000 in this property. He said he could not see how this was going io lower real estate values. It would increase the tax base for the City of Fridley. It would be better to have a well landscaped, improved building across the street from you �han a vacant building. This may continue as a snowmobile and motor cycle business. These are the things that have to be considered. We want to work with you and develop something with your demands and requests in min�d. That was why we were a� this meeting. He said a number of people had voiced concern about the trai�fic, the problems with East River Road and 77th �Jay. He said they were willing to work with the City Engineer and vrork out a feasible traffic arrangement. If the City Engineer feels there should be no on-street parking on East River Road, we would go along with that. We are willing to meet almost any kind of conditions as far as solving the traffic problem. So if we alleviate the traffic problem, we alleviate the problem for you. As far as parking on the premises itself, we feel we have adequate parking on the premises and will make arrangements to have new cars moved to another location if necessary. We will attempt and endeaver to do everything in our power to keep the parking facilities within safety requiremerlts. We have had some questions on the environmental quality of the area. He said that Mr. :Stephens has stated that he would like to see this landscaped from the frpnt of . ��, ^ , Planning Commission Meeting - April 9, 1975 � Page 26 of the show room all the way down to East River Road. There would be top grade landscaping all along East River Road and 77th Way, so aesthetically he thought they were improving the area. Another question was raised on the lighting. We have n developed a system where the lights will not reflect into the.residential area or � ,reflect into the traffic pattern of East River Road. He said that this would be -��exclusive dealership7 it was a Datsun, a good vehicle which was in demand. This would be �he only Datsun dealership in �he northern suburbs, which means it would not close. The dealership in the southern part of htinneapolis was going very well. They are selling a lot of ca�s. He said that brought us back to the traffic going to this property. He said they had indicated that there would be about 25 people a day for service and about 12 customers a day looking at cars. That's 37 people a day.� He said that people have mentioned drainage problems. All these problems would be taken up with the City Engineer. He said that as far as safety hazards, they would be meeting all the requirements of the codes that the City imposes, the County imposes, the State imposes, and even Federal. �We have did this in every single one of our facilities. He said that as Mr. Stephens had indicated, we were not a junk car � dealership. We intend to be a first rate dealership, and if we,let the landscaping go down hill, our sales will go down hill, and this was our livelihoad. He said that one of tl��e .�st important things was tha�you have a neighbor, a local man who lives in the area, who will actually be doing most b.f the work, Mr. Samuelson. He said he knew tha� Mr. Samuelson would try to do the best job possible. He said they wanted to work with the people in the.area. If you would like to put you�rcomments and objections in letter form for the Planning Commission, so they know wha � they.are, tha� would be fine. We will attempt in every way possible to meet those demands. . Our idea was to work with the area and make goad relationships over the years, not in any way to lower property values. He said he requested a� this time tha� the Planning Commission make a motion on this request, secand it, and vote upon it, or if they wished to continue this request for further s�udy, they would have �.o objection �'�'1 �o ��hat. He sai� he realized there had been a lot of objections to this request and a lo� of demands made at this meeting. We would like to honor those and find a way � �o solve them. Mr. Win S�ephens said that he regretted �he opposition he had heard at this meeting. He said that personally he didn't like opposition because he liked to get along ►�i�h everybody, and what we say we will do, we will do. He said he saw this facility and it was offered to him as an available site, it looked good to use, �nd we thought we would be able to do some good for the City of Fridley as well as establish a good dealership. . He said that what they had laid out here at this meeting was subject to change. Mr. Stephens said that if there were some things the Planning Commission didn't like about this proposal, or the Council didn't like about it, or who ever, we would be glad to adjust to it. We have made our�.applicatio� and we feel we can do a good job. We feel that this would be a worthwhile project, a worthwhile acquistion to the City of Fridley. TN�e facilities were there and we feel that we can put them to good worthwhile use. He said he apolagized for the opposition he had heard at this meeting, and frankly, he didn't like to hear it. - Elaine Hartman said she still maintained that there was too much traffic on East River Road. . Mr. Paul Burkholder said that Mr. Stephe�s had a very �positive attitude. He does not speak as to whether he gets his request, but rather that he would be willing �-►1 to do the things necessary so that he will get it. He has brought in an eloauent lawyer with him. Mr. Burkholder said he wasn't a trained lawyer, and he didn't believe any of the people in the audience were. He sai.d that he was used to appearing �� Planning Commission - April 9, 1975 Pa e 27 on his own behalf on requests he had made to the Planning Commission. He said he didn't think he had ever seen a turn out like they had at this meeting with this n amount of spirited opposition. He said he.asked the Planning Commission at this , time to categorically deny this request at this meeting, and it not be �abled. Mary Martin asked what procedure this request would follow. Mr. Harris said the Planning Commission was only a t�ecommending body. The fi�al decision was up to the Council. Right now, the Planning Commission could vote for approval or denial, continue the request to their next meeting, or pass it on to the Council without a recommendation. Mr. Clark said that it should be mentioned that the Special Use Process requires a Public Hearing before the Planning Commission.� It does not require the Council to hold a Public Hearing, but �hey could at their option. He said that when the Planning C�mmission made a decision, the audience would be �old at that time which Council meeting that this request would appear. As a general rule i� would appear on the �Council agenda about 11 days a�ter the Planning Cammission decision. Mr. Drigans said he ►vas not one to make snap judgements, and he would like to see what type of stipulations would be necessar� as far as lighting, parking and drainage. In addition, he thought he would like to review the minu�es of ihis meeting before he would be ready to make a recommendation. He also thought the Planning • Commission should give consideration to referring this to the Environmental Quality Commission to ge� their comments �o see what input they might have, and give these comments back �o the Planning Commission. He thought there were enough questions that should be studied before a determination could be made. He was in favo►^ of � continuing the Public Hearing. Mr. Lindbald said that because of the good turn out it was bo�h good and bad as far as making a decision. He said he was glad �hat so many people had attended this meeting, but he said that before the meeiing started, he had an opinion on this request, but as the meeting went on it beeame har,der and harder to maF:e a d e�ision, as he was sure that anyone who had been on a 6oard of Commission could understand. He said he �Lhought it was best to continue this reuest, because it seemed to him that the people in this area were going to have one proposal or another, a snowmobile and motor cycle agency or a new and used car agency. He said he could understand the neighborhood's problem and posii;ion.. He said he didn't know which proposal was the best, not that it was a definite thing that either of these dealerships would be on �his property. For �this reason, he said he agreed with Mr. Drigans, �o continue this Hearing. Mr. Langenfeld said he agreed with Mr. Drigans, that the minutes would have to be reviewed. He said that if the Environmental Quality Commission was going to review this request, he would like a member of the City staff to be present. He said he thought the Environmerital Quality Commission should concern themselves with the traffic and drainage problems, and felt that the other factors such as economy and the over-all effect of this proposal were environmentally sensitive. Mr. Clark said this proposal would be going to 6uilding Standards on Apr°il lOth. MOTION by Lindblad, seconded by Drigans, that the Planning Commission recommend that the minutes of this meeting be given to the Environment�l Quality Commission for their meeting of Apri1 15, 1975 so they could review the traffic and d.rainage ^ problems on this property and refer their comments back to the Planning Commission, and continue the Public ffearing on the request for a Special Use Permit, SP #75-02, by 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 � Planning Commission Meeting - April 9, 1975 • Page 28 shopping areas) to be located on Lot l, Block 1, Pearson's Second Addition, the same being 7701 East River Raad, until their Apri1 23, Za75 meeting. Upan a voice n vote, a11 voting aye, the motion carried unanimously. � Mr. Drigans and P1r.. Harris asked Mr: Clark to check and see if Mr. Stang could have a large motor cycle and smowmobile dealership on this property. 3. VACATION REQUEST: SAU #75-01, NORTN SU3URaAN HOSPTTAL 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. No one was present to represent the petitianer. Chairman Harris said this had been part of a lease agreement between the City of Fridley and the North Suburban Hospital District for parkland. Mr. Clark said this was someihing that ha� been talked about over a year ago when Hospital District were making plans for �he office s�ructure on this property. They have always said that they would be willing for the City to have some park land on �his property if the City would vacate 76th Avenue so they could get to their property on the north side o� 76th. Mr. Drigans asked if they owned all the lots on the north side o� 76th. Mr. Clark said they did not own the lot at 401 76th �venue N.E. Mr. Harris said this lot had access to 5th S�re�t. . Mr. Harris asked about Outlot 1 adjacent to the park areaQ and wondered if this was part of the street right of way. Mr.. Clark said it wasn't s�reet righ� of way. '�1 He said the reason this was an outlot was because it was under the same ownership as Melody Manor. It was of such a size and location tha� it couldn't be used for anything so it was. made an outlot. Mr. Langenfeld said he didn't quite understand what 'vacation' mean�t. f�r. Harris said it meant that they were vacating the public use of the property. He said 76th was a public easement for street access. He said the street had never been put in, but without a vacation, a street could be constructed at some future date. Mr. Clark said that when this properiy was pla�:ted, the owner dedicated this land for a street easement. Mr. Clark said the one thing they would have to do was to retain an easement for utilities over that portion where the� utilities were already in. The Hospital District would still be able to use this property for l�andscapir�g and parking, but they could not build a structure on it. Mr. Harris said this was not mentioned in the lease agreement. Mr. Clark said he was quite confident that the Hospital Qoard knew that the sanitary sewer was in this easement and wanted the City to maintain it. Mr. Harris said this would have to be made a stipulation on the approval of the request, and maybe the lease agreement should be amended so that this was a part of it. Mr. Narris asked if the property owner at 401 76th Avenue N.E. had been notified • of this request. Mr. Clark said he would get 50 feet from this vacation because this had all been part of Melody Manor 2nd Addition. The secretary said she hadn't � notified �his owner, as no notices had been sent beGause this was not a public hearing. Mr. Clark said that if this bothered the Planning Commission, tMey could continue this request and that owner could be notified. He said there would be a Public Hearing . � °'1 �� "�1 Planning Commission Meeting - April 9, 1975 � Page 29 on this request by the City Council. . Mr. Harris said he thought that ow�ner should be aware that he was going to have another 50 feet of property, before they recommended approval of this request. Mr. Drigans said that in exchange for the vacation of 76th Avenue, the Hospital Board was giving the City a 7 year lease for park land, and thereaf'ter continue for an indefinite period of time. He wondered why this wasn't replatted and the park land given �o the City on a permanant basis. Mra Cl�rk said that the make up of this property, and the fact of the law passed by the State legislature in setting up this Hospital District, is such that they cannot sell any of their property unless they go back to the legislature and get approval. He said there were bonds on this property also, which added another legal problem in disposing of any of the property. This was why it was a lease. Mr. Clark said he wasn't aware �hat this lease could be terminated by either party after 7 years. Mr. Harris said he would like to find out the status of Outlot 1, whe�her it was tax delinque;�t or not. He said the City w�� g��ng to end up main�aining this outlot along with the park. Ne w��uld like to have the property owner of 401 76th Avenue noti�fied of this request and he would like Mr. Clark to check on the 7 ye�r lease for the park land. Mr. Lindblad said he thought that one of the reasons for the 7 year lease was because the North Suburban Hospital District migh� need this land for expansion some day. Mr. Clark said that was possible because they did state at a meeting before the Planning Commission that the field of inedicine was changing so fast that they didn'� know what facilities they may need in the future. Mr. Drigans said he thought the Cit.v should have �n option �o purchase the park land when the bond indebtedness was satisfie�. Mr. Clark said he would check on the 7 year lease, check the status of Qutlot 1, and notify the owner at 401 76th Avenue N.E. of this request. MOTION by Drigans, seconded by Lindb.Zad, that the Planning Commission continue the vacation request, SAV #75-OZ b� North Suburban 73ospital District, to vacate a11 that part of 76th Avenue N.E. located in Osborne Manor Second Addition lying East of the East Iine of 5th Street N.E. to be used for parking and p.Zanning purposes, until � their meeting of April 23, 1975. Upon a voice vo�te, a.Zl voting aye, the motion carried unanimously. 4. SET DATE FOR SPECIAL WORKSHOP MEETING MOTION by Drigans, seconded by Lindbla date for their special workshop meeting for voting aye, the motion carried unanimous.Zy. 5. DISCUSSION d that the P.Zanning Commission set the Apri1 15, 1975. Upon a voice vote, a11 Mr. Clark asked the Planning Commission if it was difficult with only three members on the Planning Commission. Mr. Drigans said that both Mr. Harris and himself were subject to traveling out of town, and if they had to be.away, they would not have a quorum for a meeting. Mr. Clark said that as the Councilwas considering changing the make-up of the Planning Commission which would require an ordinance, it would probably be almost July before any new members were preman�ntly appointed to the Planning Commission. Would they like to suggest to the Council that someone be appointed on - . . - �� Planning Commission Meeting - April 9, 1975 Page 30 a temporary basis? Mr. Harris.said.he had been at every Council meeting on this same theme. He said it was very difficult to operate with three members. The �'� Council says we have four members. He said he told them that Mr. B1air's obligation was aver April lst. �They said he shou�d serve until someone else was appointed. Mr. Clark said that Mr. Blair was still a member of the Planning Commission, but if he did not choose to come to the meeting, he had that choice. Mr. Clark said that it was in the City Code thdt in the absence of a Chairman of a Subcommittee, the Vice Chairman could sit on the Planning Commission and act in their place. Mr. Harris said that George Meissner was the Vice Chairman of the PTats & Subdivisions-Sireets & U�ilities Subcommittee, and he could act for tha� Subcommittee. Mr. Clark said he would check the code, and if it was possible, the Vice Chairmeil. r�oul d be contacted. . Mr. Harris said that he had been contacted by Fred Bebensee of the Fridley Police Deparicment, and he would like to make a presentation at a workshop meeting on some new procedures and equipment on security locks and lighting. He said he didn't know hovr ��efi�al this information would be to the Planning Cammission, but it would be inieresting to hear about these things. He said there might b� some�hing they might want to incorporate into the Code, and it could be som�thing they might want to use on park buildings, etc. He said that Jerry Boardman should find out how long ihis presentation would take, and schedule it for a workshop meeting. ADJOURNMENT: MOTION by Drigans, seconded by Lindblad, that the Planninq Commiss.ion meeting �� byadjournea. Upon a voice vote, a.Z1 voting aye,� Chairman Harrisadjourr:ed the Planning Commission meeting of Apri2 9, 1975 at 12:50 A.M. � �"� . Respectfully submitted, C�',:� � v•�'�z�r�./ Dorothy Evens�n, ecretary �� � � < - � �. _ q`1 �� � � � /j' - �^' -- I L�u��� f �..._.� ��� �,. �� ��� l 2oti arGi !✓ ���� , � � - � �1 �r ���� �Ln��s� � � ��� . � ��Lv C-� � UG: r� r�-y � l ��� �� �� � � � � {�o �,,�- �� � ��� �� � � �j 9 C� � I 33 - � �3 � L� /y�- C��,S,��o� wz� < <ri. 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