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PL 09/28/1977 - 6618City of Fridley AGENDA PLANNING C0�7MISSION MEETING SEPTEMBER 28, 1977 CALL T0 ORDER: ROLL CALL• APP80VE PLANNING COhMiI5SI0N MINU7ES: SEPTEMBER 14 1977 RECEIVE APPEALS COt4MI5SI0N MINUTE�: SEPTEMBER 2Q 1977 1. � CONTINUED: PROPOSED MAINTEkANCE CODE 2. CONTINUED: PARKS & OPEN SPACE PLAN 3. -0THER 6USINESS: ADJOURNMENT: 7:30 P.M. PAGES 1-22 23 - 41 SEPARATE SEPARATE , A M E N D E D y of Fridlep A6ENDA PLANNING COtM1ISSI0N MEETIN6 SEPTEMBER 28, 1977 CALL TO ORDER: ROLL CALL: APPROVE PLANNIN6 COMMISSION MINUTES: SEPTEMBER 14, }977 RECEIVE APPEALS COMMISSION MINUTES: SEPTEMBER 20, 1977 , . 7:30 P.M. PAGES �"� �- - _ �y 23 - 4i 1. TABLED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP � 77-12 NASEEM A. ANSARI: As per ction �5.T�T, 3, A, 10, of the Fridley City Code, to allow a public auto repair center use on the Southerl.y 805 feet of the Easterl.y Half of the Northeasterl.y Quarter of the South- easterl.y Quarter of Section 3, T-30, R-24, except the Westerl.y 328 feet, accordinq to the plat thereof, subject to the easement agreement of April 12, 1474, the same being 7900 Maie Street N.E. Public Hearing open 2. CONTINttED: PROPQSED MAINTENANCE CODE 3. COMTINUED: VARKS & dPfN SPACE PLAN 4. OTHER BUSINESS: ADJOURNMENT: - =.�r.._ Material in 9i14/77 Agenda SEPARATE SEPARATE _�-�- � ' � CITY OF FRIDL$Y 3 PLANNING COM�ffSSION MBETING � • SEPTE!ffiSR 28, 1977 � CALL TO ORDER: Chairperson Harris called the regular September 28, 1977, Planning Commission meeting to order at 7;45 p.m. ROLL CALL: Members present: Shea, Bergman, Harris, Suhrbier, Gabel, Langenfeld Members Absent; Peterson (Ms. Suhrbier was his representative) Schnabel (MS. Gabel was her pepresentative) Others Present; Ruben Acosta, Planning �►ide APPROVE PLANNING CO2�4�IISSION MINUTES: SBPfShffi&H 14, 1977: MOTION by Ms. Shea, seconded by Ms. Gabel, to approve the September 14, 1977, Planning Coumission minutes. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVS At�iDBD AG&NDA: lYYfIOli by Mr. Langenfeld, seconded by Ms. Shea, to approve the amended agenda as mailed out by the City. Upon a voice vote, all voting aye, the motion carried-unanimously. RSCEIVS APPSALS COPAffSSt�ON MLNUTES: SSPfSlIBER 20, 1977: MOTION by M6. Gabel, seconded by Ms. Shea, to receive the Appeals Commission minutes of September 20, 1977. Chairperson Aarris asked Ms. Gabel to clarify Item 3 regarding a variance to reduce the rQquired minimum square footage for a house to waive the single stall garage requirement and to allow the construction of a house without a garage at 7163 Sast River Road. Ms. Gabel atated that, basically, the problem was because gon Holden had been on vacation; and when they were doing the Laying of the house on the lot, Staff had neglected to realize that the owner needed a side yard variance, also. Because there was a time element involved and the people would lose financing, the Appeals Co�ission worked hard to find a way to handle this. T6r�y dec3ded they would go ahead and approve the requeat and that Staff would work with the petitioner to notify the listed persons that were required to be notified to see if there were any probl�ms in order to make the time requirement. The problem had evolved through a Staff error, but if it could not be handled this way, then it would go on to City Council. UPON A VOICB VOTE, ALL VOTING AYS, THB MOTIO� CAHIIED UNANiMWSLY. � PLANNING COMt�ffSSION MBBTING, SEYfEMB&B 28, 1977 PAGE 2 1. TABLSD: PUBLIC HEARING: RBQUEST FOB A SPBCIAL USE PERMIT, SP � 77-12, NASS&M A. ANSARI: As per Section 205.131, 3,A, L0, of the Fridley City Code, to allow a public auto repair center use on the Southerly 805 feet of the Easterly Half of the Northeasterly Quarter of the Southeasterly Quarter of Section 3, T-30, R-24, except the Westerly 328 feet,according to the plat thereof, subject to the easement agreement of April 12, 1974, the same being 7800 Main Street N.E. AfOTI�1 by Me. Shea, seconded by Mr. Langenfeld, to remove this item from the table. Uponra voice vote, all voting aye, the motion carried unanimously. Chairperson Harris opened the public hearing at 7:50 p.m. I�ir. Harris explained to Mr. Ansari that at the September 14th Planning Couimission meeting, Mr. Boardman had explained the mode of operation and the general location in the building in which this operation was to take place. He said there had been several questions by the Coum�ission members which Mr. Boardman was unable to answer so action was tabled until Mr. .e,nsari could be present. Me. Shea suggested that Mr. pnsari read pages 9-10 of the September 14th Planning Co�ission minutes to familiarize himself wi.th what took place at that meeting. Ms. Gabel asked if Mr• Ansari would be providing the oil and the tools needed or if the customezs would bring these things in themselves. Mr. Ansari stahed that it was very difficult at this time to really outline in minute detail what would happen. He referred to the September 14th Planning �ommission minutea in w hd:¢h someone had mentioned that some of these facilities had opened in the past few years and had failed. Mr. .Qnsari said the reasons were numerous, but what they had done was not available to him. }Ie had been spending considerable time on this project and either he had been getting a dead end wherever he went, or he had not been able to get to some- one really involved in this type of operation. Pir. Ausari stated he would try different things until samething worked. Ms. Gabel asked if it was Mr. Ansari's intention to provide parts and sell them, P&'. pnsari stated it was not, that there were numerous auto parts businesses. They did not claim to lcnow that kind of business and,at the same time, try to get this business off the ground. Ms. Suhrbier stated she was c�cerned about the liability. There would be people of all ahilities coming in and there would only be one person super- vising. What was the liability to the City? Mr. Ansari stated there was no model plan on which he could base his answers. He had asked his insurance people if insurance coverage would be available for this facility and the insurance people had assured him it would be. $ince people would be working on their own cars, it was understandable that liability would be two-part; (1) 3mjuries inflicted by persons upon them- selves; and (2) responsibility of the garage when someone slipped, for e�a .- � — — �- — �- i� E^ -_- 3A 3B PLANNLNG COt�AffSSION MEETING, SEPT&MBER 28, 1977 PAGE 3 example, '�hat kind of liability existed in every building and with the owner of the facility. Mr. yangenfeld read from Zoning Ordinance, Section 205.131, Item 10, requesting a apecial use permit. He asked Mr. pnsari that of the follow- ing, what would be allowed in the garage: gasoline service stations, aezcessory greasing, servicing, cleaning � washictg of automobiles, minor adjustments and repairs but not general repairs, overhauling, rebuilding, demolition or spray painting? Ms. Ansari stated that he would not have gasoline servicing, cleaning & washing of automobilea, or demolition or spraypainting. He would have accessory greasing, servicing, minor adjustmenta � repairs but not general repairs, overhauling, and rebu3lding. Chairperson Harris asked if the request was for 9,000 square feet or 13,OQ0 square £eet. Dir. .�nsari stated it would depend on the availability of space. At first, 13,000 square feet had been available, hut uow he did not Imow how much would be available as Mr. Brama of Bryant-Franklin Corporation could not hoid that amount of space for Mr. Ansari until Mr. Ansari had received approval from the City and could get started. Chairperson Harris stated the reason he had asked that question was because he waidered if there would be a physical setaining wall or a separation wall. Mr. pnsari stated that if they got into this facility, instead of leaving bays, they would remove the partitions and leave one unrestricted area. In the contiguous bays they occupied, they would remove the separating walls so there would be a better free flow of cars and better supervision. I�► that particular building, the walls were temporary walls in every bay. Another change he wwld like to make was that in the Planning Commission minutes it ha& said there would probably be no hoists, but Mr, pnsari stated he vould like to have quite a few hoists to raise cars up and down. Theae would probably be electxic, rather than hydraulic. There would be personnel on duty to help with these hoists. pa discussed, their people would bring the cars from the parking lot into the building, put the cars on the hoists, and then the customers could work on the3r cars. Ms. Suhrbier sCated she was concerned about the danger with one large open space with no confinement of dust, etc. If it was partitioned, it would help protect people working nearhy. �ttairperson Harris asked what section of bays Mr. Ansari would be using. 3C PS,ANPI�NG COZIIIISSION MBETING SSPTEMB$R 28, 1977 PAGE 4 AUr, Ansari stated he would have Bay #3 on. Mr. Brama had been reluctant to sublet the first two bays. Mr. Brama had said if the operation was succeasful, Mr. Ansari may get the first two bays also which would put this operation on Main and 79th, the south corner. Ma, i3abel asked if the custamers would be responaible for Caking away their own ail. Mr. �ynsari stated that-the customers would not be responsible, that he and his people would have utensils in which to collect the oil. Mr. Langenfeld asked Mr. pnsari if he had talked to any people who had had success with this type of operation, Mr. Ansari stated that, to his knowledge, no one had been successful on the scale he was going on. Operationa had been auccessful when there were only two or three stalls. gut, he felt there was a need for his type of operation and that it would work. Mr. Langenfeld asked Mr. Ansari if he felt there would be peak seasons and poor seasons, thinking of the cold weather in January and gebruary. Mr. Ansari stated that it definitely would be a seasonal business. It , would be a challenge to make it a permanent business. They would have to pramote and come up with services for the entire year because cars were driven year around. Chairperson Harris asked if Mr. pnsari intended to put in an exhaust system. Mr. Aneari stated they would have to, especially in same areas where the car engines c.rould be allowed to run continuously for Long periods of time. They would not need an exhaust system for the cars in for routine maintenanue. He said it was going to be very difficult to keep the building warm in the winter and there would be a lot of heat loss. Chairperson Harris asked how many attendants would run the operation. Mr. Ansari atated he wouLd have at least two people--a mechanic who would guide people on how to do things and another pereon to bring the cars in and out of the facility. These attendaats would be on duty at all times. Mr. Ansari stated they were planning on being open 10 houra a day, the peak hours being 12:00 noon to 10:00 p.m., at Least Co begin with. Mr, Langenfeld stated he was interested to know how r1r. pnsari planned to charge for people working in this garage. His concern was that they might have to charge quite a s� to oake money and hire a mechanic. 3D PLANBiI,�iG COh1MISSION MEETING, SEPTEMBER 28, 1977 PAGE 5 Mr. pnsari stated he would probably charge on an hourly basis and on a per-job basis. He stated it had to be a paying proposition; but if these rates were equated with the going rates at a regular garage, there was quite a bit of room. Chairperaon Harris asked if there wotild be any outside storage of vehicles and Mr. Ansar3 stated there would not--juat a waiting period in the parking lot if the building was full. MOTION by Mr. Langenfeld, seconded by Mr. Bergman, that the Planning Conmission close the public hearing on the gequest for a Special Uae Permit, SP $ 77-12, Naseem A. Ansari; ps per Section 205.131, 3, A, 10 of the Fridley City Code, to allow a public auto repati center use on the Southerly 805 feet of the gasterly Half of the Northeasterly Quarter of the SouYheasterly Quarter of Sectioii 3, T-30, R-24, except the Westerly 328 feet, accord3ng to the plat thereof, subject to the easement agreement of April 12, 1474, the same being 7900 Main S[reet N.E. Upon a voice vote, all voting aye, Chairperson Harris declared the public hearing closed at 8;10 p.m. Mr. Ansari stated that this operation was really a trial measure. This was a highly apecialized use of a building and this particular building was not the real answer to this kind of venture. Ie �1'ou��aeaka a',�at sfiombdey�toogatinpcfihe�pnpp�r:;�aaggef�a¢iit�ycabh�d s��ald be�u�ed�o�e_ �mspmntegt�taas €ecf�ptqhis operation in this kind of building for a short time;and if it was successful, have his own building which would meet city code, special requirements, etc. MOTION by Mr. Bergman, seconded by Ms. ghea, that the Planning Co�ission reco�end approval to the City Council of the request for Special Use Permit, gP $ 77-12, Naseem A. Ansari: �►s per Section 205.131, 3, A, 10, of the Fridley City Code, to allow a public auto repair center use on the Southerly 8Q5 feet of the Easterly Half of the Northeasterly �uarter of the Southeasterly Quarter of Section 3, T-30, R-24, except the Westerly 328 feet, according to the plat thereof, subject to the ease- ment agreement of April 12, 1974, the same being 7900 Main Street N.E., with the following stipulations; 1. With the understanding that all codea, ordinances, and other applicable regulations be met; 2. That for purposes of this special use permit, a space limitation of 15,000 square feet be understood as a part of thia reccmmendation. Mr. LBngenfeld stated he would like to add for the record that due concern for unnecessary noise and improper disposal of oil, etc., be regulated. Mr. Langenfeld said Mr. Bergman enca�passed this when he stated that all regulations would be met. UPON A VOICB VOTS, ALL VOTING AYE, THS M(YPION CARRIED UNpNiMOUSLY. 3E PLl�`tDt�itG CO2MfISSION MBETING. SEPTEMBER 28, 1977 PAGE 6 �Thairperson Harris told Mr. Ansari that this request for special use permit would go before City Council on Monday, October 3, 1977. Chairperson Harris declared a 10 minute recess at 8;40 p.m. CONTINUED: PRUPOS&D MAINTSNANCE CODH: 220.43 Compliance Mr. Bergman stated that it looked to him that a compliance order may be served on the occupant unless the occupant was also the owner. Legally or otherwise, it did not make sense. He thought the owner was the liable pezson and �perhaps the papers must be served only to the owner. Chairperaon Harris stated that the problem may be the occupant's fault and not the owner's. No. 4 under 220,43 Compliance was changed to read as follows; "Be served upon the owner or agent and the occupant, as the case may require, such noCice shall be deemed to be properly served upon such owner or agent, and upon any such occupant, if a copy thereof is." Chairperson Harris stated that even if there was another type of violation that was the owner's responsibility, at least telling the occupant that the City was doing something about it was a good idea. But, supposing it was the occupant's responsibility for the care, custody, and control of the property? Mx'. Harris stated that pexiiaps the city aCtorney should give some guidance on how thisslaould be rewritten. The Coa�ission members agreed . to �c automatically eliminate the words, "his" and "him" wherever they appeared and replace them with "said pets a1!'. Mr. Langenfeld suggested that No. 4, Item C, be changed to read: "Uegal Action will be taken." Chairperson Harris stated thaC this was another part that he thought the city attorney should look at for the proper wording. The Co�ission members agreed to elimiaate the words, "and Enforcement" from 22A,40 and add them to 220.43 to read; "Compliance and Enforcement" / 220.44 Emergency Cases Mr. Bergman stated that under emergency stipulations the code should give the city the authority to take action if the case required. This did not do that. Ms. Shea stated this was another item she felt the city attorney should look at. 3F PLANN'f�G COI�ffSSION MEETING, SEPTSMBSR 28, 1977 PAGE 7 Chairperson Harris stated he felt the City should face the situation where people are living in a building and are ordered out and have not Che means to procure other habiCation. It then should become encumbent upon the City to take care of these people. Mr, pcosta agreed to look in the codes to find where it was listed about a building being condemned and the tenants are ordered [o leave. He would also look to see if 220.44 could be more expliciC and would discuss this with Mr. Herrick on the legal aspects. Chairperson Harris atated they did not want people to suffer because of exrant landlords. 220.45 Unfit for Human Hebitation Mr. Bergman stated that he did not read anything in this aection where the public was protected from hazardous situations by action by the City. It did not i�ediately remove the hazard from endangering the public, The Commiasion members agreed to add the Eollowing at the end of No. 3, 'Secure Uufit a¢d Vacated Dwelling;' of 220.45: "Intt$e judgment of the guilding Inspection Department, if the dwelling is of a hazardous nature, the City sha11 take immediate steps to remedy the situation at the expense of the property owner." 220.46 Sxecution of �ompliance Orders by Public Authority This section was changed to read as follows: "Upon failure to comply with a compliauce order within the time set and no appeal having been taken, the City Council may by resolution cause Che cited deficiency to be �emedied as set Porth in the campliance order. The cost of such remedy shall be allayed against the subject property and may be levied and collected as a special assesament in the manner provided by Minnesota Statute, Chapter 429." 220.47 Fight of ApPeal The question was raised of why the City Council was acting as the Board of Appeals 1n this case when they did not for public hearing notices. This section was reworded as follows; "When it is alleged by any person to whom a ccmpliance order is directed that such compliance order is based upon erroneous interpretation of this ordinance, such person may appeal the compliance order thrwgh the appeals process. Such appeals must be in writing, specify the gtounds for the appeal, be accompanied by a filing fee of $15.00 in cash or caahier's check, and be filed with the�City Clerk within ten (10) days after service of the compliance order. The filing of an appeal ghall stay all proceedings, unless such a stay would cause imminent peril to life, health, or adjacent property. - 3G PLANt�'1NG CO1�AffSSION MBBTING, SEPTEMBER 28, 1977 PAGE 8 220.48 Board of Appeals Decision This secYion was changed as follows: "With at least five business days prior notice to the appellant of the appeals process, the Appeals Commission shall hold a hearing." 220.49 Restrictions on Transfer of Ownership The Co�ission members agree that the way this was written was against the law. It was agreed it should be reworded somewhat as follows; "The owner ahall be required to inform any proegective buyer or new owner of any compliance order on the property." MOTIO�I by Ms. Gabel, seconded by Mr. Langenfeld, to continue discussion on the MainCenance Code at the next meeting. IIpon a voice vote, all voting aye, the motion carried unamdunously. PARRS & OPEN SPACE PLAN: MOTION by Mr.B�srgman, seconded by Mr. Langenfeld, that discussion on the Parks 6 Open Space Plan be continued at the next meeting. UPon a voice vote, all voting aye, the motion carried unanimously. ADJWR2II�NT • NIO�ION by'Mr. L$ngenfeld, seconded by Ms. Gabel, to adjourn the Planning Commission meeting at 10;36 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, Lyn Sgba gecording Secretary CITY OF FRIDLEY PLANNING COMMISSION MEETING SEPTF3SBER 14. 1977 CALL TO ORDER: Chairpersott Harris called the September 17�, 1977 Planning Commission meetin� to order at �:3y. P�M. ROLI, CA2�L• Members Present: Shea, Oquist� Harris, Peterson, Schnabel Mr. Langenfeld arrived at 8:30 P,M, Members Absent: Bergman (Mr. Oquist was his representative) Others Present: Jerrold Boardman� City Planner APPROVE PLANNING COMNIISSION MIPiUTLS: AUGII5T 17 1977 Ms. Schnabel requested that the last paragraph on Page 11 be eliminated. MOTION by Ms. Schnabel, seconded by Ms. Shea, to anprove the minutes of the August 1'], 19?7, meeting as amendea. Upon a voice vote� all voting aye, the motion carried unanimously. MOTION by Ms. Schnabel, seconded by Mr. Peterson, to susnend the rules to accept the Appeals Commission meeting minutes as the next item on the agenda. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Mr. Peterson, seconded by t;r. Oquist, to suspend the rules to accept the Parks & Recreation Commission meeting minutes after the acceptance of the Appeals Coramission meeting minutes. Upon a voice vote, all voting aye, the motion carried unanimously. 1. RECEIVE; APPEAI,S COMMISSION riE�,TING MINUTES OF AUGUST 23, 1977 MOTION by Ms. Schnabel, seconded by Ms. Shea, to receive the minutes of the August 23� 1977� Appeals Commission Meeting, Ms. Pat Gabel was present at the meeting. Chairperson Harris requested Ms. Gabel to be available to ans�ver any questions that may arrise regarding Iten �1 of the August 23, 19�7, Appeals Commission meeting, Ms. Gabel indicated that the biggest concern of the neighborhood had been the amount of fires that had occurred at the Industrial Spray Painting Company, She tiaent on to expZain that the proposed plans tinauld eliminate some of the potential hazards because the Comvany �vould enclose the rear docks. She indicated that in the past several fires had been set in the dock area by children playing crith matches. �i PLANNING COMMISSION MEETING - SEPTF�IB�R 14, 1977 Pa�e 2 Ms. Gabel explained that in the past the Company had leased the buildzng and that they had recently bought the building; thereby, creating a"pride of ovmership�� situation. She said that another concern of the nei�hborhood had been the screening that vrould be used as a means of landscaping. She said that after seeing the Plans of the proposed building, most of the neighbors �vere satisfied with the way the building would eventually look. Ms. Schnabel wanted to see the Plans that Ms. Gabel had referred to. Mr. Boardman sho�ved plan. He explained as of Sept 14, 1977. the Planning Commission the original that the plans had not been approved The members of the Planning Commission revie«ed the plans. Mr. Boardman explained all that tivas being planned. Ms� Gabel indicated that she had ta7.ked to ris. L. Snorre and that her biggest concern �vas still the landscaping/ scxeening plans. Chairperson Harris indicated that the landscaping/screening �vas basically a concern of Staff, He said that the Planning Conmission, etc. had to first be sure that the proposed building and improvements vrould meet all the codes. Mr. & P4rs. A1 Toet�s, Mr. & Mrs. Arne Toerrs, Mr. Ralph Officer, h4rs. Ralph Officer, were all present at the Planning Commission meeting regarding the request for variances by Industrial Spray Painting Company. Mr, Toe�vs indicated that the reason he had appeared at the meeting cras because at the Appeals Commission there had been a petition that had been against the granting of the variances. He rranted to be sure to be at the meeting in the event that the netition would have been presented to the Planning Commission. Ms. Gabe1 indicated to the Planning Commission that Mr. Ken Sporre had had a petition at the Appeals Commission meeting that he chose not to present to the Commission, because after talking vaith ihe Toews�, he felt that the plan tivas good and he utanted to take the petition back to the people that had origina21y signed it and explain exactly what rras being planned for that building, There uras no petition presented to the Planning Commission, PLANNING COMMISSION MELTZNG - SEPTII�(BER 14� 1977 Pa�e The neighbors that were at the Planning Commission meeting were in favor of the proposed plans. UPON A VOIC�, VOTE� all voting aye� the minutes of the August 23r 1977, Appeals Commission Meeting were received. 2. MOTION by Mr. Peterson, seconded by Ms. Schnabel, to receive the minutes of the Au�ust 22, 1977, Parks & Recreation Commission meeting. Mr. Peterson pointed out Item B of page 2. He informed Mr. Harris that tti�o nevr tennis courts ivould be built in the Rivervievr Aeights area. UPON A VOIC� VOTE, all voting aye, the minutes of the August 22, 1977, parks & Recreation Commission meeting were received. 3. MOTION by Ms. Schnabel, seconded by Mr. Peterson, to remove the item from the table. Upon a voice vote, all voting aye, the motion carried unanimously. The item �vas removed from the Tahle at '7:52 P.M. Mr. Boardman explained that the lot in auestion i:�as a very long lot� wYiich the petitioner wan£ed to split into two parcels. Mr. Boardman explained that the 4Yesterly 130 foot measurement tvas from the center of the street to the lot line. 105 feet of the 130 feet is the actual lot. Ae said that that had been the confusion at the previous meeting tivhen the item had been tabled. Chairperson Harris asked about the existing structure that would be split by the new lot line. Mr. Don Nielsen of 115-71� �'�ay Nr, indicated that the structure �vas in the process of being moved. PLANNING COMMISSION MEETING SEPTI�IBER 14 1977 Pa�e� Mr. Boardman said that the City did not need any easements. He explained that the lot would be served by Alden Circle. Mr. Boardman explained that the Planning Commission had the authority with a Lot Split, that when the lot split was approved a variance would automatically be granted. He said that this authority v�ould have to be exercised in the reauest since the resulting lot would be less than 9,�D0 square feet. Mr. Boardman tivent on to explain that the variance rvould only be granted regarding the lot size and not for the type or size of house that could be constructed on the lot. The buyer of the property indicated that he proposed to construct a house that �arcvld face Alden Circle. Mr. Boardman said that it �vould be possible to build the house facing Alden Circle that trould not reauire any additional variances. Ms. Schnabel asked if the Planning Commission �vas seeing a verified survey. Mr. Boardman indicated that it rras a verified survey. Chairperson Harris had questions regarding the street right-of-vray that Mr. Boardman tivas able to adequately ansraer. MOTION by Mr. PetersonT seconded by t�is. Shea, that the Planning Commission recommend the granting of the Lot Split request: L.S. �7?-08, Ron Neilson: Split off the vresterly 130 feet of Lot 31, Auditor's subdivision P:o. 77, subject to street easemenis, to make a ne��r building site on the corner of 71� j;lay NE and Alden Circle NE. (Existing house on balance of lot - 115 71� �VaY n`E.} Upon a voice vote, a11 voting aye, the motion carried unanimously. 4. 1JJ:JV11V1v v/�.�. ESTABLISHr1ENT I BI,OCK l , TARG:.T AVr'�`iUL NE, MOTION by Dis. Shea, public hearing. Ubn carried unanimousl.y at 8:01� P.M. RODrILY�BR�INNON: PER FRIDLEY CITY CODE 3H TO ALLQ�,1 AN AUTOAIOBII,E CAR uJASH N A C-2S (GEPir,RAL SHOPPING) ON LOT 2� ADDITION THE SAME BEING 775-53rd seconded by Ms, Schnabel, to open the a voice vote, all voting aye, the motion and the Public Hearing yras opened PLANNING COMMISSION MEETING - SEPTII�fBER 14, 1977 Page 5 Mr. Boardman showed the Planning Commission a design plan of v�hat the automobile car e�ash establishment vrould look like. He explained where it would be located in relationship to Target and the Pop Shoppe. He explained that a system of service roads was being planned for the area. Mr, Oquist asked when the proposed island would be constructed. Mr. Albergotti, Jr., of Dayton Hudson Properties, said that it rras planned to be completed by Spring 1978. Chairperson Harris questioned the.grading involved betr�een Embers and the proposed Car �lash. Mr. Boardman said that at the Appeals Com�nission, the Brannon's had agreed to reduce the size of each bay in an attempt to have the car vrash as far atiray from the hillside as possible. Mr. Peterson asked if Target owned the property in auestion. Mr. Albergotti explained that the property belonged to Dayton Hudson Properties and that theBrannon�s raould be purchasing the property. Mr. Rodney Bran.non of 1622 t�lest Innsbruck Parkrray exolained that he �•rasn�t planning to construct the "typical" type car ti�ash. He said that he planned to purchase the best equipment possible and honed to have his car r�ash be a model car wash for the State of t�tinnesota. He said that the car rrash vrould be maintained from 6:30 4.t•4, until 11:00 P.ri. pir. Peterson asked if the car �ash vrould be opened if the attendant «as not present. Mr. Brannon said that originally they had planned to have the car c�ash open 24 hours; hoti:�ever, he said that they have since decided to only have the car �vash open for business nrhen an attendant vrnuld be present. Chairperson maintaining property. Harris wanted to knorr Mr. Brannon�s plans of the one-to-one slope that would exist on his rtr. Brannon explained that he would be considering land- scaping the hill using some type of ground cover such as some type of rose bush and/or Russian Olive trees, PLANNING COMMISSION M�ETING - SEPTa'IBER 14, 1977 Pa�e 6_ Chairperson Harris requested that the landscaping details be crorked out by Staff to prevent the possibility of shabby appearances in the Area. Mr. Brannon explained that he had a big investment involved with the car �vash. Ae felt that it t�rould only be in his best interest to be sure that the entire lot ti��as maintained properly at all times. Some questions arose regarding the serrer systems in the area and vrere they large enough and adequate enough to handle a car ivash. Mr. Boardman indicated that there ti��as an adequate se�ver/ water system in the area. Mr. Boardman expressed a concern he had regarding the request for a special use permit. He made ihe statement that once a car ��rash, is a car crash, is a car tivash, etc. He said that if for some reason the Brannon�s didn�t make it in the car wash business and tvould go bankrupt or if it is discovered that the particular lot vaa.s not a good location for a car <<rash� the City 1rould be ��stuck�' r�ith a building that rrould have to be maintained. He said that the building actually could only be used for a car ��rash business. Mr. Brannon indicated that he hoped the car rrash �vould be a future livelihood for him and his family. He said that they had talked to many peo�le in the car i•rash business and they thought that the particular location in puestion vfas an excellent site for a car vaash. He said that he had every intention of making his car wash business GOOD. Ms. Schnabel asked if Mr. Brannon had any plans to try to recyele the vrater used in the business, Mr. Brannon said that he ��,as looking at holding tanks that vrould be necessary to recyc7.e the i-�ater. He said that the actual recycling of the l�ra.ter still had a fe�v "bugs" that had to be r�orked on. Ae said that as soon as those problems �qere solved, he vrould probably be able to go right into recycling the water. Ms. Schnabel indicated that from the environmental standpoint it i�ould be somethin� that should be looked into. Mr. Boardman indicated that the Brannon's had plans to build solar banels on the roof of the car vrash to assist in the heating of the ��rater. � PLAN�FING COMt4ISSI0PI ML''.x�"fING - S�TIII�IBER 14, 1977 Pat;e 7 Ms. Schnabel said that a problen in the vrinter could be caused by cars leaving the car ��rash without r�iping the excess rrater from the car. This vrater t�rould then be deposited on the streets in the area, thns creating an ice hazard. • Mr. Brannon said that they rrould have a system installed that contained an air-dry cycle that could be used to blo��� most of the excess wrater off the car. Mrs. Brannon said that there rrould be infrared heaters inside the doors of each bay. She said that that :rould help dry the cars al.so. She also explained that the lights in every trao units rrere separate. Therefore, she said that at the time business lvas slo.v� the lights could be turned off in the bays that i�ere not in use, thereby saving energy. Mr. Brannon said that they rrould use a five foot high sign to advertise the car tivash. Mr. Oauist asked hora many carscould be backed up behind each �a.Y. Mr. Brannon said that they could be backed up three deep. Chairperson Harris asked if the Brannon�s plarined to sell any oil products. Mrs. Brannon said that they c�ould sell no oil products. bis. Shea asked �ahen they erould plan construction. Mr. Brannon said that they Nou1d like to start construction as soon as possible. Mr. Albergotti said that Target and Dayton Audson Properties both felt thzt the Brannon�s crould keep both the building and the property ��ell maintained. Mr. Oquist asked i�rho ivould be responsible for the roadvrays, Mr. Albergotti said that Target rrould maintain the roadrrays and the other businesses would pay an annual fee to Target. r1s. Schnabel asked Mr. Brannon to explain the exact traffic flow to her. rtr. Brannon exrolained on the plan exactly how the traffic rrould flort. � PLANNING COMMISSION M�ETING - SLPTL'�'iB�R 14, 1977 Page 8 MOTIOPI by Mr. Peterson, seconded by Ms� Schnabel� to close the Public Hearing. Upon a voice vote, a7.1 voting aye, the Public Hearing �vas closed at 8:35 P.P'I. Ms. Schnabel said that she was concerned about the large traffic flotiv problem that already existed in the area. She felt that the car crash could only contribute to that problem. Ms. Shea indicated that that had been her first thoughts qhen she had read the request. Ho��ever, she said that since then she had decided that the car crash did have a good design� it rras a good location; and, if the road improvenents saere done as planned, it really �vouldn't pose any additional problems for the area. Mr. Albergotti said that since there cras already a traffic problem in the area, the street improvments cauld only improve the overall traffic problems. i4r. Boardr�an pointed out that Dayton Findson Properties had contracted the sar,ie peoale to do the service road project that rrere doing the 53rd Avenue imnrovements, He said that the •,•rork v�ould all be clone at -the saMe time. bi0TI0Td by Ms. Shea, seconded by P4r. Peterson, that the planning Commission recor�mend the apbroval of the reouest for Special Use Permit, S,P. #77-11, by Rodney t3rannon: Per Fridley City Code Sectaon 205, 101 3�i to allol�r an a.uto�obile car �vash establishment in a C-2S (General Shonping) on Lot 2� �lock 1, Target �lddition, the same being 775-53rd Avenue i�TL. Upon a voice vote, a11 voting aye, the motion carried unani�ously. (Ms. Schnabel gave a reluctant aye.) (Ms. Schnabel tvas reluctant because she felt that Dayton Hudson Properties should proceed ti�rith their internal improvements ahead of the 53rd Avenue Project). PLANNING COMMISSION MEETING - SEPTF3,IBER 14, 1977 Pa�e 9 5. PUBLIC HEARING: RE(�UEST FOR SPECIAL USE PER•IIT. �—��']=12 NAS��I A, ANSARI: As per Section 205.�3� �A� OF HE FRIDL� CITY CODE, TO ALLOI'7 A PUBLIC AUTO REPAIR CENTER USE, ON THE SOUTHERLY 805 FEET OF THE EASTERLY � OF THr. NORTH�ASTERLY w OF THE SOUTHEASTERLY � OF SECTION 3-T30-R21�, EXCEPT THE WESTERLY 328 FELT ACCORDING TO THE PLAT THEREOF , (SIiBJECT TO THE EASII�fENT AGREEt4ENT OF 4/12/74) THE SAME BEING 7900 MAIN STREET NE. MOTION by Ms. Schnabel, seconded by Mr. Oquist, to open the Public Hearing, Upon a voice vote, all voting aye, the motion carried unanimously and the Public Hearing was opened at 8:46 P,M. Mr. Boardman expla3ned that Mr. Naseem A. Ansari �+as not able to attend the Planning Commission meeting. Mr. Boardman indicated that the request Has to enable the use of 13,000 square feet of bay area in one of the Bryant- Franklin buildings at 7900 t�fain Street NE to have a self- serve type of garage space. He said that rir. Ansari's idea was to provide the space, tools, racks, etc, for people to do their o��m work on their cars charging them on a time basis, Mr. Boardman said that Mr. Ansari felt that that type of business ���as not around the area and that there rras s�pport for that type of facility. He said that Mr. Ansari felt that the location cvas a good location for that type of service. Mr. Boardman indicated that the building was already divided into bays Ms. Schnabel asked if the building would be divided into more bays. Mr. Boardaan said that Mr. Ansari was going to use the existing bays. Mr. Oquist asked if there rrould be an attendant on duty at the bay area. Mr. Boardman indicated that there �rould be a maintenance- type person at the building. Mr. Oquist asked if there would be any hoists available in the bay area. Mr. Boardman indicated that the project would be more of a minor repair type of space. He said it �vould basically be providing garage �vork-space for some people Nho didn't have a�arage or enough garage space to do the rainor repair Work on their cars such as oil changes, minor tune ups, etc. PLANNING COMMISSION MEETING = SEPTII�SIiER l4. 1977 PaPe }0 Mr. Oquist asked if there would be a fire hazard for that type of business, Mr. Boardman said that Mr. Ansari would have to meet all the Fire Code requirements for that type of use. Mr. Robert Schroer of 490 Rice Creek Blnd. commented that a division of a big Corporation had established severaZ buildings in other parts of the country for the purpose of seZF-serve service centers, He said that many had to be closed dovm because o£ a lack of acceptance. Mr. Langenfeld asked if that type of occupancy tivould be compatible v�ith the other type of occupancies in the area. Mr. Boardman said that it tivas orobably more compatible in an industrial area than in any other type of area. He explained that there ti�ras no place in the ordinances that allo�red for automobile repair facilities. He said that that type of business had to be handled by Special Use Permits. Mr. Boardman suggested that the item be tabled until such time that Mr. Ansari could appear before the Commission and ans�Jer the questions that the members had. MOTION by t4r. Peterson, seconded by r'Ir. Langenfeld, that the Planning Commission table the re�uest for Special Use Permit, S,P, #77-12, Naseem A. Ansari: As per Section 205.�3� �3�A,10) of the Fridley City Code, to alloti�r a public auto re air center use, on the Southerly $05 feet of the Easterly � of the Northeasterly 4 of the Southeasterly 4 of Section 3-T30-R24, Except the b'Jesterly 328 feet according to the plat thereof (subject to the easement agreement of y/12/74) the same being 7900 Ntain Street NE. Upon a voice vote� all voting aye, the motion carried unanimously. Chairperson Harris indicated that the item vaould be tabled until such time that hir. Naseem A. Ansari could speak before the Planning Commission. He said that the Public Hearing would remain open. 6. ! �h 1 • IY � l Y � i • � ..Cl. tt%7� � .: 0 H�ASTERLY 30 FEET �F LOTS 7-4� B7�CK A� RIVERVIEI7 HEIGHTS ADDITION AND ADD THF�I TO LOTS 5-6, BLOCK A� RIVERVIEW HEIGHTS ADDITION TO MAK� T4Y0 BUILDING SITE5. Mr. Boardman indicated to the Planning Commission on the • map which lots were being discussed. The person representing Heights Builders Inc. sa3d that he owned Lots 1, 2, 3, 4, 5, & b. He indicated that Lots 1,Z,3, & 4 ran east and erest and Lots 5& 6 ran north and south. He also indicated to the Commission the lots and area that Anoka County orrned. He said that he vianted to make ttiro buildable lots. Chairperson Harris asked if he had any of the vacated street that r�as indicated on the map. The person representing Heights Builders Inc. said that he did not. Mr. Boardman indicated that the City rrould not require any additional easements on the lots. Ms. Schnabel asked if he intended to build the homes on the tevo lots or rrould he sell the lots. The person representing Heights Builders Inc. said that he vrould build the homes and that they v�ould be priced in the $55-60,000 area. Ms. Schnabel pointed out that the lots would be less than the required 9,000 square feet. Chairperson Harris indicated that one lot rrould be 8,160 square feet and the other lot would be approximately 8�y.66 square feet. Mr. Peterson said that the request r�ould be consistent with the Cityts present housing codes to encourage housing that peorole could afford and he said it Nas one way to utilize the lots. MOTION by Mr. Peterson, seconded by Mr. Oquist, to recommend the approval of I,ot 5plit Request L,S. ;{'7'7-10 by Heights Builders Inc.: Split off the easterly 30 feet of lots 1-4, Block A, Riverviecr Heights addition and add them to Lots 5-6� B1ock A, Rivervieiv Heights addition to make trro building sites. PLANNING COtR4ISSI0N MEETING - SEPT�IBER 14 1977 Pa�e 12 Mr. Boardman indicated that the acCess and all utilities would be off of Hugo Street. UPON A VOZCE VOTE, all voting aye� the motion carried unanimously. 7. ��� � r. •a : • + V � YLVVLI L' EAST R14NCH ESTATES 2ND ADDITION IN ORDER TO Mt1KE T�NO BUILDING $ITr.S. Mr. Boardman indicated that there ti��ould be a building on lots '7 & 8 and that Lot 6 vJas bresently being built on� He said that the reason PRr. Schroer wanted ihe lot split �vas because he had tr�o buyers for the lot. He said the proposed buildin� �+rould be back-to-back buildings that vtould meet all reauirements. He said that basically all Mr. Schroer needed lvas a lot split. t4r. Boardman said that the only problem that could be seen was the question as to hotv service would be gotten into the back properties. Mr. Schroer said that the area had been discussed many tir�es. He said the main concern vras on Lot 3, B1ock 3. He indicated on diagrams ta the Planning Comr�ission the exact location of the lot being discussed. He indicated that one of the plans could be to go bettiveen lots 5& 6���ith a cul-de-sac to service lot 3. He said that there could also be a cul-de- sac of£ Ranchers Road to serve Lot 4, Ais. Schnabel asked if Lot !� could receive its access from the one cul-de-.sac betrreen lots 5& 6. Mr. Schroer said that it could, but it r�ould depexid on rrhat i��ould be built on the lot. Mr. Schroer said that there tivould be a possibility of Lot 4& 5 going to the same buyer, thereby eliminating many problems. Ae also pointed out that i£ Lots 3, 4� & 5 vrent to the same buyer, all the problems vrould be eliminated. A4r. Boardman indicated that the concern v�as, hotiv the City Mould service the tr�o lots in question. Dir. Schroer said that he had basically show�i. the Planning Commission horf he could access the lots properly. He said that there rrould be several alternatives as to erhat could be done, including a dead-end turn-around type street. He said he eras sho�ving hol�r alI the lots COULD 6e accessed, if all the lots �vere bought and built-on by separate buyers. Mr. Boardman explained the different areas of the lots in auestion. PLANNIPIG COAIMISSION MELTING - SEPTF�SBER il�. i977 Page 1 Chairperson Harris suggested.holding the road easements as a private roadway. . Mr. Boardman said that even if it r�as maintained as a private roadway, it would have to be built to city standards to handle any problem in the future, if the o��mer decided they didn�t • want to maintain it any longer and would want the city to maintain it. Mr. Boarc;man indicated that the Code read that the back-to-back buildings ivould not require a special variance. He said ihat the buildings could be back-to-back r�ith the written agreement from both property orrners. MOTION by Mr. Peterson, seconded by Mr. Langenfeld, to recommend apAroval of Lot Split Reouest, L,S, r'%'%-11, by Robert H. Schroer; Split off the southerl;� 157z Feet of Lot 6, Block 2, East Ranch �states 2nd Addition in order to make trro building sites ti�ith the stipulation that access be provided to Lot 3 by easeraent over Zot 5 and that no portion of that easement tivould go onto Lot 6. Mr. Schroer said that the Cul-De-Sac ��ould be tivhatever the City �iould require if it r�ould be City Maintained. Mr. Board�an said that before the City r�ould issue a building permit, they ;aould require a definite plan. Mr, Schroer said that he felt that anyone building on Lot 3 �vould ivant a City Street and not a Private Street. UPON A VOICE VOTE, all voting aye� the motion carried unanimously. RECr.SS : A recess rras called by Chairperson Harris at 9:39 P.Ai. REGONVENED• Reconvened at 9:L�9 P,M, Shea, Oquist, Harris, Schnabel, Langenfeld �vere all present. Mr. Peterson had to leave due to personal reasons. �LANNING COMMISSION MEETING - SEPTEt4BER 14� 1977 Pa,�,,e 14 MOTION by Ms. Shea, seconded by Mr. Langenfeld, to amend the agenda and add Item 10A, Receive Human Resources Commission Meeting Minutes of September 1� 197�. Upon a voice vote, aZl voting aye, the motion carried unanimously. MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, to receive the letter from NaegeZe Outdoar Advertising Company of the Ti�ain Cities� Inc. to Mayor Vdilliam J. Nee and to receive the riemorandum from Virgil C. Herrick, City Attorney to Richard Sobiech, Director of Public '�yorks, regarding the Billboard Ordinance. Upon a voice vote, all voting aye, the motion carried unanimously. The letters vJere received at 9:51 P�M. 8. REVI�t'J PROPOSED SIGN 0?�DINPSTCE Mr. Boardman explained that it had been the intent that the City Cauncil onlq reviei�� the Sign Orflinance. He said that the Ordinance had not been ready for the First Reading. Mr. Boardman said that he had some problems 1aith the memorandum from Virgil C. Herrick, City Attorney, in that throughout the memo he had given a 1ot of statements but had given no legal ideas as to ho��r to change it. Chairperson Harris said that he had gone to the City Council meetino on 09/12/77 to get an idea tivhere the City Council tvas on this item. He said that the City �ttorney had indicated that he ��as rtilling to assist in the c�riting of the legal ve'rbage into the Ordinance, r4r. Harris said that since t:r. Herrick had raised the questions, the Commission had best anstiver them. Ms. Schnabel said that she had gone through the memorandum and had made notes on her copy of the Ordinance along �aith notes of her otm. She nroceeded to go through the Ordinance indicating possible changes. Ms. Schnabel said that the first Section 21y..01 PURPOSE vras okay as �vritten, Section 211�.02 DEFINITIONS, A. Abandoned Signs, Ms. Schnabel felt rras proper in that it helped the Zoning Administor. Ms. Schnabel, evith agreement from the other members� felt it arould be proper to remove the Examples that tvere listed in item B. �lccessory Use. t3s. Schnabel crent on to discuss item G. Banners and Pennants. She felt that the statement (incZuding small p2astic flags, grand opening signs� or special announcements) should be deleted. PLAMdI2dG COtdMISSION MEETING - SEPTF�iBER 14, 1977 Page 15 ,�r Ms. Schnabel next discussed H. Bench Signs. She felt that the crords "such as a bus stop" should be deleted since later in the text of the Ordinance it was stated that Bench Signs vrould be prohibited except at the bus stops. Ms. Schnabel suggested that the r�ording of Item I. Billboard be chansed to read, ��BILLBOARD means an advertising sign v�hich directs attention to a business, commodity, service, or entertainment v�hich is conducted, sold or offered �� elseti��here than on the prenises of ti�rh3ch the sign is located. It ti�as decided to put a auestion mark next to Ttem J. CANOPY signs. :ds. Schnabel said that if the definition �ras to be left in the section 21y.02, then the term Canopy Sign had to be used in the text of the ordinance. Chairperson Harris thought that somerahere in the text it �vas referred to as to the differences of roof signs and canopy signs. Mr. Langenfeld said that the terv�inology ha.d been used to clarify roof signs versus canopy signs versus ���hatever other type of sign. The discussion next rras on K. CHANG�ABLE COPY SIGAIS. Ms. Schnabel needed clarification as to exactly ti�rhat a Readerboard l�as. Mr. Boardman suggested leaving out the i.e., reader boards rrith changezble letters or changeable pictorial nanels, from the definition. Ms. Schnabel then referred to Items S and V. She said that item S. IDENTIFICATIOn� SIGNS and letter V. INSTITUTIONAL SIGNS� r�ere the same definition and meant the same thing. She sai.d that they crere r�orded somevrhat different but did say the same thing. Mr. Boardman said that that had been done to define the differences bet��leen Institutional Signs and �dvertising Signs. He explained that an Institutional Sign t*ras an advertising sign; hocrever he said that there e�ere parts of the text that would allo�v an institutional. sign of certain s�uare footage rather than just an advertising sign. It �vas decided to leave the trro definitions as they read. Item Z. PORTIIBL� SIGN r�as next discussed. Ms. Schnabel said that the ��ording tivas confusing. Chairperson Harris suggested the r�ording to be changed to read, �'POh'Tt1fiLE SIGN means a sign so designed as to be movable from one location to another and vJhich is not permanently attached to the ground, a si�n structure� or a buildin�.'� PLANNING COMt4ISSI0N M�ETING - SEPTF�I}3ER 14, 1977 Pa�e 16 Ms. Schnabel asked if there was a specific sign ihai vras called a PORTA-PANEI,. Mr. Langen£eld said that the �vords t'back-to-back" made the sign different from a PORTABLE SIGN. Mr. Boardc�an said that it had to be listed in the definitions because in the text portable si�ns c�ere not being prohibited, but porta-panels rrere being prohibited. Ms. Schnabel asked for an exanple of exactly tirhat a R�ADER BOARD t�as. -T Chairperson Harris said ttcat Bob�s Produce had a Reader Board. Mr. Boardman suggested eliminating the definition for Reader Boards because the only place they are mentioned vras under Signs Allovred r�ith Specia2 Use Permits. Mr. Oauist sai.d thai before any of the iiems v�ere removed that it �ras verified that the items were not actually mentioned some blace in the text. Mr. Oquist didn�t really agree that an Ordinance could ever have too many definitions. Ns. Schnabel said that Item GG SIGN AR�� ��as too �zrordsy and cumbersome. t�ir. Boardman suggested that the item be ivorded, ��SIGN ARr�A means the total area of tne sign, including the border and the surface erhich bears the advertiseMent; or in the case of inessages, figures, or symbols attached directly to the builcling� it is that area vthich is included in the smallest rectange t•rhich can be nade to circumscribe the message, fi�ure, or symbol disnlayed thereon. The stipulated maxinum sign area for a free standing sign refers to a single facing.�� Ms. Schnabel q_uestioned item NN. UNLA'�VFUL SIGNS. She tivanted to knoi� if the Ordinance �ras giving too much poi�Jer to one person in authority to make the determination of unlarJful signs. Chairperson Harris said that there �vas no provision for due process. rir. Boardman suggested that the vrording be changed to, "UnL�1L`/FUL SIGN means a sign crhich is in conflict ivith this ordinance.�� PLANNING COMMISSION MEETING - SEPT�IB�R 14, 1977 PaPe 17 Ms. Schnabel next discussed item B under,Section 214.031 SIGNS PROHIBIT�D IN 11LL DISTRICTS, She wanted to knovr who made the decision as to 1rhat vaould be obscene, pornographic, or immoral character� or vrhat crould be untruthful advertising. ' Chairperson Harris said that the Courts had to make the decision as to tivhat is pornographic. � Mr. Oquist asked if he could appeal to the Courts if the Sign Administrator allo�rs a sign that he felt rras obscene. Chairperson Harris said that the Public could appeal any decision made by the City Administrator. Chairperson Harris said that the State Attorney General determined 1*Jhat vras false or untruthful advertising and that part oi tne item B should be taken out. Ms. Schnabel suggested rerrording E to be, "Signs e�hich resemble an official traffic sign or signal (excebt directional signs on private pronerty)." t3s. Schnabel next discussed item I. She felt if that item etas left in the text� ti►en an additional Item "0" should be added and ET,ASHING SIGPdS should be included. I�is. Schnabel suggested that Item I be re�7orded to, "Illuminated sign rrhich changes in either color or in intensity of light or is aninated, She said that Item 0 titould cover Flashing Signs. Nis. ,5chna.bel indicated that item J tiras confusing to her. Chairperson Harris said that in speaking to the City Counci2 there had been a lot of resistence to Item J, irhich included billboards. Mr. Langenfeld said that he personally felt that the Qrdinance c�as curt�iling rights. He felt that a precedent Nas being set and that it r�as a form of censorship and he said that it should be hanclled very carefully. Ms. Schnabel said that her personal feelinbs tivere that if City Council r�ould override rrhat the Sign Comr�ittee had done� then she hoped that the Council v�ould take the action to limit the number of signs allowed in the community. Chairperson Aarris brou�ht up the subject that some communities are drive-thru communities and others are ti�rallz-thru communities and the iypes of signs and advertising are dependent on that aspect also. �LANNING COMMZSSIODi rt�PTING - SL'PTLT4BER 1 tf, 1977 Pat�e 18 Chai.rpercon Harris pointed out that when he talked to the City Council it had been their feeling that the Ordmance r�as too restrictive and that it ti�ras abolishing some things that they felt shouldn't be abolished. He said that by discussing the items again it could be said that it vras the Commission�s consensus that it rras lvhat ti�ras rranted. Mr. -0ouist said that he crould rather have something too restrictive than too loose; tirhich tvas the current ordinance's problems - too loose. Chairperson Harris said that it had been the consensus of the Planning Commission to leave item J under section 214.031 as it read. Chairperson Harris said that �he attachment to the letter from iVaegele Out@oor Advertising Company rtas totally unacceptable. Chairperson Harris commented on item C of section 21t�,032 SIGNS PLRt�fITTED IP� �'II.L DISTRICTS, He said that the Fridley City Code had an ordinance regarding the display and use of the American Flag� entitled, ��TfIE FLAG OR�I21^�ICE��, There ivas much discussion re�arding the use of the U,S. Flag as a means of advertising. In particular they discussed kow City could contro2 Perkin�s use of the U.S. Flag. Ms. Schnabel asked if there irould be a possibility af limiting the size of the Flag to the si2e Of the bui7.ding. rir. Boardman said that since there �rras no permit required to display the U.S. Flag, it rrould be hard to contro3. Chairperson Harris said that it could be vossible to lirait the height of the rlag pole. Iie asked rir. Boardman to determine ti�hat a good height for a flag vole rrould be. The next item that rras discussed was Section 214.032, H, 5. Ris, Schnabel said that there should be an Item 5a and and item 5b. 5a crould be Banners and Pennants commemorating a special event not connected viith a business and must be removed lvithin five days follocring the event; and 5b vrouid be Banners or pennants for businesses i�rill be allo��ed for grand openings of businesses only for a ten day ma�cimum veriod. PLANNIPiG COt�4ISSI0N ME�TING - SEPTT�[BER 11�z 1977 PaP,e 19 24s. Schnabel said that Section 211�.0l�2, B should actually be sho��m under Section 211�.032 SIGNS P�Fd�IITTED IN ALL DISTRICTS� H(Temporary Signs)� 2(Rea1 Estate Signs), and should be listed as item c) Vacancy Signs: etc. M�r. Boardman felt that there should be some type of control on Vacancy Signs. Ms. Schnabel said that vrhen a person had rental units, there rtas more response to a sign on the rental unit than any other type of advertising. Ms. Schnabel felt that the Ma.Yimum three square feet in area r�as sometimes not an adequate sign. 14r. Boardman felt that the large apartment complexes didn't necessarily need any type of sign, since they almost alrrays either had a vacancy or else they hac: the rental offices ivhere a person could inauire as to a vacancy or at least put tneir names on a rraiting list. Mr. Boardman said that the sc�aller units that have a rent�l office could utilize the three sign to �n advantage, since it lvould be large advertise that they had a vacancy. did not sauare foot enough to Mr. Boarcinan vointed out that many times in Section 21t�.0y.4, 21y..0y.5, and Section 214.Ot�6 ite� D. ':`7a11 Signs, should read� ��D. '�Ja11 Si�n: 1. '�lall sign area shzll not exceed 15 tines the sauare root of the crall length on rrhich the sign is to be placed�'. Ms. Schnabel suggested that under Section 211�.Ot�S, B, 2, the crord ��t�Iaximun" should be added so that the item rnould read, ��2. pia,Yi�aum of eighty (80) square feet per development,�� Air. Boardman suggested that iten B, 1� under sections 214.0l�4, 214.045, and 21y..01�6 should read, "4. Mini�aurs height ten (10) feet from bottom of sign to finished ground leveZ rrhen �vithin 25 feet of a drive�ray�'. Pis. Schnabel said that Mr. Herrick questioned the item A� 2 under Section 21y..05. Mr. Boardman said that he liked the ti•rording of the item. He said that since all the conditions placed on a sign by the Zonin� Administrator tirere subject to appeal, he felt that that r�ould be control enough. rir. Boardnan explained that any person could aAneal. any decision that mas made in the City of Fridley. PLANfiIDTG COMMISSION t4E,�TING - SEPTF�fE�R 14, 1977 Pa�e 20 Ms. Shea left the Planning Commission meeting at 12:05 A.M. due to illness. Chairperson Harris said that a City Policy should be set up regarcling the informing of people of their right of regress. Ms. Schnabel said that Section 2T4.05, ?�, 3, should be rerrorded to, "3. Temporary signs erected by a non-profit organization are not exempt from obtaining a bermit for signs� but the City m,.,�,a* r�aive the fee requi.ement." Ms. Schnabel suggested that some of the items in Section 214.05, A, 4 shou2d ha.ve been listed separately. t�ir. Boardman said that in the retyping of the Ordinance the different types of si�ns t�rould be listed separately. Ms. Schnabel said that item E, Exemptions under Section 21l�.05 should read, "The exemntions perraitted by Section 21Q.05� :s, y., shall arooly only to the requixement of a permit anc2/or fee� and shall not be constxued as relieving the installer of the szgn, or the oirner of the property on cvhich the sign is located, from conforming vrith the other'provisions of this chapter. " Mr. Boardman suggested that Section 21y..05, itet� F, 1, should be revrorded to, "1. �very sign shall be maintained in a safe condition at all times.�� Ms. Schnabel said that under Section 21t�,05, item F, 3 should be i�rritten in the Section 211�.06 ETvFORC�'•4L3dT Ms. Schnabel said that Section 211�.05, G, Z� a, 1) should read, ��1)The si�n is altered in any �•ray in structure or copy (except for changeable copy and normal maintenance) �rhich makes the sign less in compliance rrith the re�uirements of this ordinance than it �;ras before the alterations; or 2) The sign is relocated; or 3) etc.f' ris. Schnabel suggesteci that under Section 214.05, item G, 2, A)? y), should be entirely left out. She said that it ti��as non-constitutional. PL{1NNING COD'{MISSION MFI'TIP1G - SEPTFMBER 14� 1977 Pa(�e 21 t4r. Eoardman suggested the erording of Section 211�.05, item G� 2, a), 5, should be recrorded to, "If the sign became 50"/o delapitated, it had to be removed or brought totally into compliance. ' If a sign is brou�ht 50;o into compliance, then it had to be brought into total compliance". Chairoerson Harris Selt that the item tended to discourage sign ic�provements. Ms. Schnabel said that Section 211�.06, A� should be changed to be, "A. The Zoning Ad�inistrator or agents shall be responsible for the �enforcement of this chapter'�. She said that the other items i•rould be lettered B, C� D, & E. Ms. Schnabel said that under 2iotificat'on of Violation of Code under Section 211F.06, the sixth line, the vrord HE should not remain. Also the rrord HIS in item 2 under Notification of Violation of Code should also be removed. Mr. Boarciman said that Section 214,06, C, 2, should be rerrorded to, "The Zoning Adninistrator vr agent may cause any sign or other a�vertising structure t��hich is an i�ediate public hazard to be removed sum�arily and r�ithout noticei'. Chairperson Harris said that the aavertising structure that crould be removed ��rould be handled the sarie as ` junk cars. They srould be held in storage for X number - of days and if not picked up in that ar.�ount of tine, it ti•rould go into public auction. MOTION by hir. Langenfeld, seconded by t.s. Schnabel, to submit to City Council the Proposed Sign Ordinance ��rith changes indicated. Upon a voice vote� all voting aye, the motion carried un�ninously. 9. CONTINUED: PROPOS�� P4AINTT�'�PI:�NCE COD�: t�fOTION by his. Schnabel, seconded by P�Ir. Langenfeld, to continue the %4ai.ntenance Code. Upon a voice vote, all voting aye� the motion carried unanimously at 12:31 A,M, 10. CONTINU�D: PARIiS & OP�N SPACE PI,AN Di0TI0N by tls. Schnabel, seconded by h4r. O�uist, to continue the Paxi;s and Open Space Plan. Upon a voice vote� all voting aye� the raotion carried unanimously. PLANNING CONIMISSION M�PTING - SEPTT�3�SBr^.R 14. 1977 Pa�e 22 11. MaTIOPd by P4r. Langenfeld, seconded by P4s. Schnabel, to receive the minutes of the Environmental Commission meeting of l�ugust 16� 1977. Mr, LangenfeZd suggested that the members pay particular attention to Page 2, paragraph 3, and Page 3, the bottom paragraph. He indicated that the Commission had much discussion on the Open Space Plan. He felt that the Plan needed overhauling in order to be adaptable to the City. Mr. Langenfeld said that the subject of noise pol2ution rras really interesting. UPON A VOICE VOTE, all voting aye� the motion carried unanimous2y. 12. REC�ZV.G: HUI'411PT Ra,SOURCES COP'P�IISSIOP? Ai2NLITES. OI�' t40TI0N by 3•is. Schnabel, seconded. by Mr. I,angenfeld, to receive the minutes of the Human Resources Commission meeting of Septe�ber 1, tg77. Uvon a voice vote, a11 voting aye, the motion carried unanimously. Ms. Schnabel said that since the Code of Ethics had been adopted by the City Council, erouZd a form be deveZoped that the members of the Commissions could fill out so as to be sure a21 the information r�ould be provided. Mr. Boardraan said that a forra �aas in the process of being developed. ADJOURNP4ENT: pi0TI0N by Mr. Langenfeld, seconded by Mr. Oauist, to adjourn. Upon a voice vote, aIl voting aye, the motion carried unanimously and the meeting ��ras adjourned at t2:t�6 A.M. Respectfully submitted, �� � r P�iar�arhil Recordino Secretary �—.� CITY OF FRIDLEY APPEALS COMMISSION MEETING - SEPTEMBER 20, 1977 _ CALL TO ORDER: Chairperson Schnabel called the September ZQ, �977� Appeals Commission meeting to order at 7:37 P.M. Rt7LL CALL Members Present: Members Absent: Others Present: Kemper, 5chnabel, Gabel, Sarna Plemel Ron Holden, Building Inspector APPROVE APPEALS COMMISSION MINUTES: AUGUST 23, 1977 MOTION by Mr. Barna, seconded by Ms. Gabel, to approve the Appeals Comraission minutes of August 23, 1977, as written. Chairperson Schnabel indicated to the Commission that the Variance Requests by Industrial Spray Painting Company had gone before the Planning Commission, She said that several neighbors had attended the meeting but there had been no additional coraments, She indicated that the minutes of the meeting had been received by the Planning Commission and they would be sent along to the City Council, DPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. MOTION BY Ms. Gabel, seconded by Mr, Barna, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 7:40 P.M. �� APPEALS COMMISSIoN MEETING - SF�'PTEMBER 20, 1977 Pa�e 2 � ;t� ADMTNISTRATIVE STAFF REPORT A. PUBLTC PURPOSE SFRVED BY REAUIRII�IENT; 1. Section 205.053, 4, (B,1) requiring a 10 foot side yard setback for living areas in an R-1 Zone. Public purpose served by this section of the code is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet bet�veen garage and living areas in adjacent structures to reduce exposure to conflagration of fire. Also to allow for aesthetically pleasing open areas around residential structures. 2. Section 205.�53, 4� (B,5�B) requiring a 25 foot setback for a corner lot. Public purpose served by this section of the code is to reduce the traffic hazards presented by an entrance too close to an intersection, $. 5TATED HARDSHIP: 1. The family is converting the existing attached garage into a living area which is novr �.5 feet from the side property line. 2. The site for the nevr garage is to be on half of the present concrete slab area �vith the back half becoming a patio. This leaves the new opening for the garage 20 feet from the corner line. C. A7k�lINISTR�TIVE STAFF REVIE'.J: t. 7Lhe existin$ garage is 4.5 £eet from the property line. Conversion of this area into a living area would leave 11.75 feet between them and their neighbors garage. 2. The intersection of 68th Street and Kennaston Drive is an interior traffic crossing in a residential area. APPEALS COMMISSION MEETING - S�TE�IBER 2d, 1977 Page 3 ,.: Mr. Berry indicated that he wanted to construct a detached �` ` garage at the rear of his home that would exit onto 68th Avenue. He said that the existing garage, that �vas attached to the house would be made into a family room. He explained that a variance �aas needed because the family room ti��ould bring the home livin� area closer to the property line. He said that the other variance �vas needed to enable them to construct the Karage and be able to leave space for a patio at a future date. Chairperson Schnabel asked about the cement slab that rras shovm on a picture that the Conmission had of the property. Mr. Berry said that all the presently existing cement slab would be removed. Mr. Holden suggested that the Commission study the survey. He said that it would make it easier to understand exactly <<rhat the Berry's vaere planning. Mr. Holden asked exactly hovr large the garage ivould be. Mr. Berry said it r�ould be 24� x 24�, Chairperson Schnabel asked if rir, Berry had communicated rrith the neighbors to the L7est. Mr. Berry said that he had talked to the neighbors and that they had no objections. Chairperson Schnabel asked if there was presently a drive- way exiting onto Kennaston Drive. Mr. Berry said that there �vas nresently a driverray, but that it e�ould be removed entirely once the construction was completed. Ms. Gabel asked if Mr, Berry rras planning any onening on the South side of the proposed family room. Mr. Berry said there v�ould be no openings on the South side, He said that the existing South vrindow �rould be removed. Chairperson Schnabel asked that in terms of building the netiv garage and making the existing garage into a family room� rrhat hardships might have existed. Mr. Berry said that presently he only had a single car garage. He said that they ormed ttivo cars and he v�anted more storage space. He said thai the family really needed more garage/storage space than they needed the extra living space. �� . , APP�ALS COMMISSION MEETING - SEPT13�iBER 20, 1977 Pa�e 4 «.:-. i 2l7 � � . - Mr. Barna wanted to know how wide the prop�d family room tivould be. Mr. Berry said that it would be 11� feet vride. Chairperson Schnabel asked if Staff felt that there would be any problems e�ith the garage being sethack in terms of line-of-sight. Mr. Holden indicated that there was a substantial boulevzrd in the area and that there shouldn�t be any problems tivith the line-of-sight. Chairperson Schnabel asked t�hen Mr. Berry planaed to start construction, Mr. $erry said that they planned to start the garage as soon as possible. Fie said that very likely they wouldn't start on the Family Room until Spring. Mr. Barna asked if there u�ould be an exterior entrance to the family room. rir. Berry said that there i�rould be an exterior entrance to the faraiZy room at the rear of the house. He said that the existing garage door facing Kenr.aston Drive �vould be eliminated, Mr. Barna pointed out that as soon as the garage rtas completed� the existing drivevra}r vJOUld have to be removed. Mr. Berry rJas in agreement. MOTION by Mr. Barna, seconded by Ms. Gabel, to close the Public Hearing. Upon a voice vote� all voting aye, the motion carried unanimously. The Public Hearing was closed at 7:55 P.ri. ' Ms. Gabel said that since there vould still be 11.75 feet bet<<reen the living areas, she could see no problem. There r•�as some discussion regarding the exact distances - the structures �vere from the property lines, tir. Holden said that he didn�t have the exact distances. He said that they did have the exact distance bet��reen the structures� from taall to 1�ra11� and that tvas 11,75 feet. MOTIC�N by Mr. Kemner, seconded by PIs. Gabel, that the Appeals Comr�ission ap�rove the reauest for variances to the Fridley City Code as follo<<rs: Section 205.053, B, 1, to . reduce the reauied ten foot side yard setback for living areas to t�.5 feet, and sectian 205.�53e 4, B i5b) to reduce the required 25 foot side yard setback for any attached or unattached accessory building �vhich opens on side street to 20 feet, to allo��r the construction of a house and garage locateci on Lot ], Block 3, Meadoi•r2ands second addition the same bein� 6750 Kennaston Drive N.�., Fridley, Minneso�a. APPEALS COMMISSIOPI biEE'fIPIG - SEPTII�IBER 20, 1977 Pa�e 5 UPON A VOIC� VOTE, all voting aye, the motion carried unanimously. Chairperson 5chnabel indicated that Mr. Berry could apply for his Building Permit. 2. MOTION by Mr. Barna, seconded by Ms. Gabel, to ooen the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing tiras opened at 8:01 P,M, ADMINISTRATIV�' STkFF ?Lti'PORT A. PUBLIC PURPOSL S�,R`T'D BY RF�UIR�d�."NT: Section 205.053, !� (B, 5, B) reouiring a 25 minimum side yard setbzck for ariy attached accessory building r�hich opens on the side corner lot. � foot or unattached street of a Public purpose served by this section of the code is to allorr for off-street parking ti��ithout encroaching on the public right-of-vray. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into the neighbor's front yard. STATLD HARDSHIP: None given. C. ADMINISTRATIVE STAFF REVI;47: If the garage entrance rrould be off of North Danube Road instead of 17est Danube Road then the setback requirement would be met under Section 205.053, �. (B, 5, A). Honrever, the better locztion for the entrance from a traffic safety standpoint is off of �'Jest Danube Road. It is further a�ray from the corner and has a 15 foot boulevard making the building 33 feet away from the curb. 6 � �.. �� APPEALS COMt4TSSI0N MFETING - S�PTFMBPR 20, 1 77 Pa�e 6 , Mr. Holden explained that originally the plans were �.�,...• .�or the garage entrance to be on ATorth Danube Road, He said that no variance rrould have been requixed. idr. Holden said that the suggestion had been made to move the garage entrance to be off of iVest Danube Road both for a safety factor and that it cJOUld be more aesthetically pleasing not to have the garage entrance located at the front of , the house. Chairperson Schnabel questioned all the utility easements that ti��ere required on the lot in question. Mr. Ficek of i393 16th Ave N17 indicated that most of the easements vrere for drainage. Mr. Barna said that the entire area in question was swampy land. ' The Commission discussed the plans that Mr. Ficek had of the house he proposed to construct. They also discussed the land types that vrere in the area. Mr. Kemper asked tvhat the square footage of the house vtould be. Mr, Ficek indicated that there tivould be 2,400 square feet compl.eted plus the basement. Chairperson Schnabel•asked if Mr, Ficek had a buyer for the hnuse. Mr. Ficek said that there vaas a buyer for the proposed house. MOTION by Mr. Kemper, seconded by r1r. Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing vras closed at 8:12 P.M, Chairperson Schnabel said that in vieiv of the amount of easements that �a�ere reauired, it ti�ould be difficult to place a house any other ivay on the lot and to come v�ithin the variances. Mr. Kemper said that the plan to have the garage entrance off of iJest Danube vras really a much safer plan. APP�AI,S COMT4ISSIOPI MFPTING - SEPTEMBER 20, �77 Pa�e 7 MOTION by Ms. Gabel, seconded by Mr. Barna, that the ' Appeals Commission grant the request for variance of �� Section 205.053, 4, Bi5b), Fridley City Code, to reduce • the required 2j faot minimum side yard setback for any attached or unattached accessory building v�hich opens on the side street of a corner lot to 18 feet, to allocr the construction of a house and attached garage on Lot 7, Block 2� Innsbruck Pdorth Addition, the same being 1424 North Danube Road N.E., Fridley, Minnesota. Unon a voice vote, all voting aye, the motion carried unanimously. 3. MOTION by Mr, Barna, seconded by Mr. Kemper, to open the Public Hearin�. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 8:16 P,2•f, ADP4INISTRATIVE STAFF R�F'PO?2T A. PUBLIC PURPOSE SERV�D BY R��UIRE��III�1T: 1. Section 205.054, 2 requiring a minimum of 1020 square feet of living area in a house on a lot in excess of 9,000 square feet. Public purpose served is to provide for adequate house size and living area in residential buildings. 2. 5ection 205.055, 2, A requiring a single stall garage for all lots having a minimum area of 9s000 squre feet. Public purpose served is to provide adequate off-street parking area and storage during inclement r�eather as crell as to house goods and materials tivhich 1°�ould otherti��ise cause visual pollution. �o �� APPEALS COMMISSIOPT MFETING - SEPTEMB�R 20, 1977 Pa�e 8__ �w B. STATED HARDSHIP: 1. A 912 84uare foot home is the largest house size that the family can qualify for financing. 2, At this time the family cannot afford to build a garage. C. �1DhiINISTRATIV� STAFF REVIy,Y: 1. The area_•has houses of similar size. Ms. Gabel asked if this request was under the riFHA financing plan. Mr. Tim Munn of t�722 42nd Avenue North, indicated that it ��aas for a house to be constructed and the loan v�ould be a Conventional Loan. It lvas not under any special government assisied financing plan. Mr. Tim Munn indicated that he vJOUld be selling the �ot to Dr. & Mrs. B. �ussell Eby Nlrs. Eby said that the house �JOUld be a pre-fab�ause that rtas being purchased through .Zaeston HoMes that the house �ras the only one they qualified for. She said that if they had to go to a larger plan, it vrould be an additional $5,000 and they vaould not qualify for the 7,oan. She also said that, at that time, they could not afford to add on the cost of a garage, She said that they definitely ���ould be building a garage at a later date. She said that it v�ould be a detached garage, built to the rear of the house. In anstiver to a question from Chairperson Schnabel, Mr. Holden said that the lot in question �rias an R-1 Iot. Mr. Holden indicated to the Commission and to Dr. & AIrs. Lby that a Staff error had taken place. He sai.d that r�hen the request hzd been received in City Hall, it had been erroneously overlooked that the lot rtas a corner lot, He said that because of that fact� they would have to maintain a 17.5 foot side yard setback, in addition to the 10 foot common side yard setback. He explained that because they proposed to huild a 24 foot cride house and their lot was 50 feet �ride, they crould need to apply for another variance of 1.5 feet. He told them that they �vould have to again appear before the Appeals Commission. It �mas apparent that this r�as going to cause problems. , APPEALS COMMISaION MPT'TIPIG - SEPT3�IB�R 20� 1977 Pap�e 9 Mrs. Eby indicated that they had a delivery date to a�l meet. She said that if they didn't agree to that certain date, the Company tivould not guarantee the price that Dr. & hSrs. �by had agreed to pay. She explained that the price of the homes had gone up on.July l, 1977, and they had signed the contract at the lovrer price dependent on a delivery date before October 1, 1977. rlrs. Eby rJent on to exvlain that because the builder had been sloc� getting the plans to the bank, they had only verbally agreed to give the !?.by's a couple additional r�eeks, but t•irs. �by said that they did not have that agreement in rrriting. Chairperson Schnabel explained that the property oi7ners in the area rrould have to be notified regarding the 1.5 foot variance reauest. 5he asked Nirs. Eby �vhen they irould have to take delivery. Mrs. �by s�id that the only date they had ti�ras ��end of September". She aa9.d that the Company had been &lot7 delivering the plans to the bank to �et the mortgage through and that they had only been told verhally tnat they vaould be alloc•red a couple extra vreeks. Ms. Gabel said that the Eby�s could lose their financing if the price of the nouse �rould go uro. There tivas some discussion at the time regarding the plans for A4eyers Street.and Hillcrest. It �^�as basically decided that there rrere no immediate plans for the developing of either street. T'ir. Holden explained that the City v�as bound by the ten-day notificati.on to the surrounding neighbors, He sai.d that to make it valid any other ���ay r�ould be to have trritten responses frora each property ovmer that they Frould have no objections. Mr. Munn said that the only discussion he had ever heard �ras some neighbors concern regardino a garage, He said that as long as the Eby's agreed to add the garage in the near future, he felt there �aouldn't be any problems. After nuch discussion regarding the fact that the problem i�;as because of a Staff error and Chairperson Schnabel didn�t eaant to jeopardize the �hy's from qualifying for the loan, thereby not being able to purchase a liome, it t:as decided that the �ppeals Commission t•rould act on all three variance requests and in the interim Staff �rould assist the petitioner in recont�.cting a11 the property or,mers that cJOUld be concerned and the item tivould be put on the agenda for City Council on October 3� 1977. APPFALS COMMISSIOid ME�TING - SFPTII�4BrR 20. 19p7 Par�e 10 �� Chairperson Schnabel read a note into the minutes ��• from Mrs, Lby explaining that they �vould like the variances fOr that particular house to be constructed because at that time they could not financially handle a larger mortgage. She exrolained in the note that Mr. Eby vras 3n his second year of residency to be a doctor and that once his residency vtas completed they ���ould be in a better financial situation and vrould be constructing a garage. Chairperson Schnabel explained that the Appeals Commission e�as limited as to being able to make last minute judgements and that i�ras ��lhy they decided to handle the re�auest by having the City Council consider the reouest. She said that normally the Appeals Commission could have acted on the item erithout the request going onto the City Council. r4r. Holden exnlained that if everyone that had to be renotified agreed in vrriting that they lvould have no objections to the third variance reauest, then as soon as the City received their agreements� the req_uest would not have to go to City Council and tne building permit �rould be issued im�nediately. I�o�rever, he said that if there rrould be some objection or alI the people couldn't be contacted, then the item t�rould appear before the City Council. Mr. Holden said that he 1+ouid give the petitioners a list of the names of the people that �vould have to be contacted and exactly t�rhat t�ould have to be agreed upon. hfOTION by h•fs. Gabel, seconded by P�Ir. Barna, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unaninously, The Pv.blic Hearing vras closed at 8:54 P.T•1. Ms. Gabel said that since it e•ras in Fridley's plans to encourage Iower housing costs and that tke �by�s do intend to add a garage once their income increased, she didn't crant to see them heZd back from having their home notr. Mr. Holden said that because of the lot sizes in the area� the house rrould aesthetically fit into the area. rir. Barna saic2 that he irould have no objections, He said that it vaould be difficult to construct a house ti*rith over 1,000 square feet on the 50 foot lot. He pointed out to the people that East River Road eras a very trave3ed road and that thexe cias much traffic problems on the Road. lIPPEALS CO}�iISSION M�^TIPdG - ST'PT13�iBER 20, 1977 Pa�e 11 MOTION by Mr. Barna, seconded by Mr. Kemper; that the Appeals Commission approve the request for variances to the Fridley City Code as £olloti�s: Section 205.054, 2, to reduce the required minimum square footage for a house from 1,020 square feet to 912 square feet; and Section 205.055,2,A to rraive the sin�le stall garage re�uiement for lots v�ith a minimum area o£ g,000 soure feet; and Section 205.053� 4b� 5a, to reduce the required 17,5 foot side yard setback to 16 feet, to allorr the construction of a house r�ithout a garage� on Lot 16, Block 1, Hillcrest Addition, the same being 7165 Last River Road 21,�, � I'ridley hSinnesota, ��rith the stipulation that the petitioner notify the listed persons that are reauired to be notified of the third variance; and if they receive rrritten consent from the narties concerned, they ��:ould be allovled to build. Otherrrise, the petitioner r�ould have to appear before the City Council on October 3, 1977. Chairperson Schnabel indicated that the reason for the above motion �:ras because of a Staff error in not recognizing that there rfould be a corner lot side yard set back that r�ould require a 1,5 foot variance, She said that the Appeals Commission felt that since it had been a Staff oversight, they did not �rant to put any undue financial hardship on the netitioner rrho had to meet a deadline for the nurchase of the house in order to avoid a substantial increase in the price of the house, UPON A VOICE VOT�,� all voting aye, the motion carried unanimously. Chairgerson Schnabel told Dr. contact vrith Nfr. Holden and that he rshat they rrould have to do, G. v a�.i��� i•nL��L::,:� i•ili��_v�:,,�vi:�. \n ac son ree .L., Fri & Mrs. F,by to get in t7ould explain exactly F� uest ny �l'imm v Lovaas, ey, Piinnesota 5543Z). MOTION by Mr, Kemper, seconded by A4r. Barna, to open the public hearing. Upon a voice vote, a11 voting aye, the motion carried unanimously. The Public Hearino rras opened at 9:1Z P.rI. �� J� APPEltLS COMMISSIOPT MEETING — SEPTF�NIB�:R 20, 197� Pa�e 12 ADMINISTRATIVE STAFF REPORT 6631 Jackson Street NE A. PUBLIC PURPOSE SERVED QY REQUIREMENT: Section 205.053, 4, B, 5, B requiring a corner lot side yard setback of at least 25 feet for any attached or unattached accessory building which opens on the side street. Public purpose served is toa1lowfor off-street parking without encroaching on the public right of way. Also the aesthetic consideration of the neighborhood to reduce the building line of site encroachment into tfie neigh6or's �ront yard: � '' � B. STATED HARDSHIP: Converting present garage into living area and adding a 23 foot by 32 foot garage to the present house on the north. C. ADMINISTRATIVE STAFF REVIEW: The side yard curves around providing a property line to proposed building addition distance of 15 feet to 22.5 feet. Mr. Lovaas explained that there rras a curved street involVed and that vras rihy different distances ti�;ere listed,. He said he �vanted to build a 23' x 32' gara_ge, fi e said that he �vould convert the existing garage into living area, Mr. Lovaas indicated that they tvould like to leave the presently existing driveeray in. He said that they would totally eliminate the existing garage door iahen they made the area into living space, but that they erould like to use the drive�vay as extra parking space, Chairperson Schnabel said that there vras a. City Ordinance that ivould not aZloi�� that request. She said that they eaould have to apply for a separate permit to leave the drive vray. Mr. Holden said that it ���ould be difficult to get the permit since he tvas already adding a 2 stall garage onto the house. .� � APPEALS COMt4ISSI02d MEETTNG - S�PTF'ESIlER 20, 1977 Pa�e 13 Mr. Kemper asked why they were building such a large " � ��'age. Mr. I,ovaas said that they had ttivo cars and plan to buy a boat that they rrould like to be able to store inside. Mr. Kemper asked if Mr. Lovaas had the plans for the garage. Mr. Lovaas said that he didn't have plans as yet. He said that it would be a constructed garage and not a pre-fab. Chairperson Schnabel asked about the roof line, Mr. Lovaas explained hor� the roof line tivould be and that it r�ould be the same style that was presently on the house. He also said that the exterior of the house and the �arage ti��ould be the same. Chairperson Schnabel said that a fire �vall and fire door tivould be requirements bet�reen the living area and the garage. Chairperson Schnabel asked vrhy a garage door opener had been suggested, Mr. Holden said that since the garage v�ould be less than the 35 foot setback, it rrould enable the petitioner to get into the garage faster and out of any line of sight since the house raas located on a corner lot. He pointed out that it had just heen a suggestion. Chairperson Schnabel asked �;rhat size garage door Mr. Lovaas planned to have installed, Mr. Lovaas said that there �rould be ane single and one double garage door. Mr. Kemper said that at the closest point, the garage tivould be 26 feet from the street. He asked hotiv big the boulevard �9as. Mr. Holden said that it �vas approximately 11 feet, MOTION by t4r. Barna, seconded by Mr. Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing �vas closed at 9:28 P.M, Mr. Kemper said that from a safety standooint� he could see no problem. He thought that it was a very imposin� garage since it �vas almost as big as the house. APPEALS COMMISSION MFETING - SPPTP�NIBtsR 20, 1977 Pat�e 1!{ E•.--� �� Chairperson SchnabeZ said that if the neighbors to the North had had living area facing the proposed gara�e, there could have been some problems, Hol�rever, she said that since there c�as no correspondence from the neighbors she could see no problems. MOTION by A4r, Ke�per, seconded by Mr. Barna., that the Appeals Commission approve the reauest for variance of Section 205.o53v 4, � i5.b) Fridley City Code, to reduce the side yard setback on a corner lot from 25 £eet to distances from 15 feet to 22,5 feet� to allo�.i the construction o£ an addition to a house located on Lot 1, Block i, Meadorrlands Second Addition� the same bein� 663t Jackson Street id.E.� Fridley, hiinnesota. Upon a voice vote, all voting aye, the motion carried unanimously. Chairberson Schnabel said that t�ir. to apply for his building permit. She the existing drive��ray vrould have to be construction vras completed. 5. Lovaas tvas free reminded him that removed once MOTIOAT by P4r, Barna, seconded by Mr. Kemper, to open the Public Hearing. Upon a voice vote, �11 voting aye, ihe motion carried unanimously. The Public Hearino was opened at 9:33 P.I'�. (P10TE: Ms. Gabel left the meeting at 9:30 P.t�4.) ADMINISTIL'�TIV�' STAFF R�0�2T A. PUBLIC PURPOSE SERVFD BY R�nUIREM:r�TtTS: Section 205.053� 4, A� requiring a front yard setback of 35 feet, Public Purnose served is to allow for off-street parking i��ithout encroaching on the nublic right-of- way. 11so for aesthetic consideration to reduce the ��building line of sight" encroachment into the neighbors front yard. APPEALS COMMISSION ML�TING - SEPT�IB�R 20, 1977 Pa�e 15 �, , a�'� � C. STATED HARDSHIP: Vlants to save two extremely large trees vrhich also keep a steep bank from washing down on the property. ATR+(INISTRATIV� STAFF R3VIE�7: Removal of the trees might pose a potential hazardous situation because of the steep slope behind them. The proposed garage vrould be 25 feet from the front property line and the trees rrould be saved. Mr. tdaloy said that he rranted the variance in order to protect the tti�ro trees and also if the house r�ould have to be built further back on the lot, he rfould have to go into extensive landscaping that �vould require terracing almost the entire hillside, Mr. Holden explained that most of the houses on the east side of the hi11 had been pulled for�vard on the lots because of the grading of the lots. Chairperson Schnabel asked if the house r�as being built on a speculation. rlr. t4aloy said that he <<rould be building the home foT himself. He said that it rras not speculation, He said that he presently lived in Coon Rapids� but 4•ranted to move because of their tax rates. Mr. Holden said that the entire block had a lot of trees and that it really looked nice. He said that there v�ould be no problems with traffic visibility. Chairperson Schnabel commented on a note that hac2 been e�ritten on the Commission �pplication Revier�, "After revie�rin� trees and proposed garage location and anticinated elevations, it appears there might be extensive root damage during excavation and c�ith the existing �ro�vth slant and condition of the trees, it might pose a potential hazardous situation. Suggest that the Piaturalists Department do a revier� and confirm." Mr, t•Saloy comnented on the statement. He said that rather than digging, he rrould be using land fill. He felt that, if the reQUest raere granted, the construction rrould be for�°rard enough to avoid going near the trees. Chairperson Schnabel said that it vrould be best not to t�per raith the trees at all. Mr. rialoy said that the main reason for requesting the variance tras to enable him to save the trees. FIe said that he ���ould do all he could to avoid tampering v�ith the trees. APP�ALS COMf�IISSIOPt ML;PTING - SPPTF,NIBF.R 20, 1977 Pa�e 16 '��,$ Tir. Holden said that it vJOUld be possible to p�t some fi11 around the trees. He only reminded Mr. Maloy that he had been made avrare of the problem. MOTION by Mr. Barna, seconded by Mr. Kemper, to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was closed at g:46 P.t�, Mr, Barna said that the house and garage �aould be further back on the lot than most of the houses in the area even if the variance r�ould be granted, MOTION by Mr. Barna, seconded by Mr. Kemper, that the �Lppeals Commission approve the request for variance of Section 205.053, t�� 4� Fridley City Code, to reduce the reauired front yard setback of 35 feet to 25 feet� to allo��� the construction of a garage, located on Lots 22, 23, 2y and 25, Block K, Riverviet� Heights, the same being 8051 Broad Iivenue �I.y., rridley, PQinnesota. Upon a voice vote� all votin� aye, the motion carried unanimously. Chairperson Schnabel said th�t the variance reauest had been approved and that i1r. I�4aloy rras free to zpply for a building permit. 6. R��U�ST FOR Vl1RI1Ln:'Cy OF S �CTION 205,103� t�� l� FRIDLEY CIP't C �, T(, ;,� *_� �� , t:.�� r�� rt�!, _ L Idi!_,S0'.�.i. (Renuest by Rcaney Br�nnon, nnsbruck Parkiaay, Columbia xeignts, rirJ 5542� ). MOTIORT by Mr. Barna, seconded by P•ir. Kemper� to open the Public Hezring. Upon a voice vote, all voting aye, the motion carried unanimously. The PubZic Hearing rras opened at g:49 P.Pi. AlR1INISTRATIVy' STAFF RLPORT A. PUBLIC PUR°OST' SERVT'D BY R^1UIR�icNT: 5ection ?05.103, y., A reauiring a 35 foot minimum front y�rd setback in a C-2 Zone. Public Purpose served by this section of the code is to provide desired front yar� space to be used for green areas or access and add to the attractability of a commercial zone. APP�ALS COMt°tISSION MTPTIPIG - SEPTT�IB�R 20. 1977 Page 17 � � C. ST!!TED HARDSHIP: Extreme financial hardship. ADt4INISTRaTIVE STAFr REVI_�17: The petiioner iaishes to reduce the front yard setback from 35 feet to 27,5 * feet. Since there tri].1 be no parking in the £ront yard, the staff has no objections to this request. Chairperson Schnabel said that there had been a typing error and that actually the request ��as for a variance of Section 205,103, 4, A, Fridley City Code, to reduce the required 35 foot front yard setback to 26„�feet... Ms. Brannon said that they had talked to all the adjacent land o��mers and they had no objections to the request. She said that by moving the building forevard, they would be increasing the rear yard thereby getting further away from the hillside. Air. Brannon explained that they vrere talking about an approximate �250,000 investment and that at thzt point they v�ould definitely e�ant the eight bays. Mr. Brannon explained that there ���ould be eight 15 foot bays and a 1�. foot utility room. Ee said that that �vould result in a 134 foot building. Mr. Kemper said that since a 15 foot rear yard had already been agproved, he could see no problem Mith the request to incre ase the rear yard more. Chairperson Schnabel said that the front yard rrould be conpletely landscaped and that there ��rould be no parking allo�led. The Brannon�s agreed taith her statement. Nir. Brannon informed Chairperson Schnabel that the internal improvements (that she had been concerned about) would be done by this fall. Chairperson Schnabel mas most pleased to hear that netivs. Chairperson Schnabel asked if there �rould be any encroachment agreement betti�een the Brannon�s and Target since the drive��ray r�euld be partial.ly on the Brannon�s property and partially on Target�s property. APPPALS COMMISSION rtrPPING - SFPTEMB�R 20, 1977 Pat�e 18 '�� Ms. Brannon said that the encroachment agreement e�ould _„ be part of their contract for the propertyy She said it would be included in the purchase agreement. Mr. Kemper asked if the venture ��rould be a full-time thing for t4r. Brannon. Mr. Brannon said that there i^rould be a full-time maintenance person at a1Z times. He said the business �vould operate from 6:o0 11�Pi, until 1 1; 00 P,I�4, Ms. Brannon said that the business rrould be ocmed and run by their family. She said that this rras the first business venture for the farnily and that it ti��as indeed a great learning experience. M�TIOPT by i•4r. Kemper� seconded by P4r. Barna, to close the Public fTearing. Upon a voice vote, a11 voting aye, the motion carried unanimously. The Public Hearing !aas closed at 10:07 P,t�i, Chairperson Schnabel said that a new notice �rith the correction rrould have to be sent to the adjacent property o�rners. MOTIOPT by P1r. Ker�per� seconded by P�Ir. Barna, that the �lppeals Co�raission approve the req_uest for variance of Section 205.103, 4, A, Fridley City Code, to reduce the required 35 foot front yard setback to 26.5 feet, to allo•rr the construction of a carlrash, to be located on Lot 2, Block 1� Targe Addition� the same being 775 53rd tAvenue .T.E., Fridley� t:innesota. Upon a voice vote, all voting aye� the motion carried unanimously. Chairroerson Schnabel indicated that the item ivould go to the Planning Commission on September 28, 1977� and then on to City Council. T�1r. Brannon said that they ��ere on the agenda for City Council on September 26, 1977. Chairperson Schnabel said that the particular item that had just been handled �.vould not get to City Council that quickly� She said the minutes of the meeting r�ould first have to be received by the Planning Comc�ission e:hich rrould not meet until September 28} 1977, and then go to City Council after that date. APPEALS COMMISSION MEETING - SI�PTP�fAER 20, 1977 Pa�e 19 Ms. Brannon asked if a partial permit could be granted �c�: so that they could �et the blacktopping project started. She indicated that they needed to get that project completed before Pdovember 1� 19��, or else they rrould have to �nait until Spring and that rrould not be economically desirable. Chairperson Schnabel suggested that the Brznnon�s call City Hall to confirm that they �rere on the Agenda for the September 26, 1g77� City Council meeting and to find out e�hich items r�ould be discussed. rir. Holden said that if the City Council tJOUld hear the Special Use Permit request on Monday� Sentember 26� 1977� and approve it in some rray rather than to table it, then City Hall vrould be able to alloi� excavation to begin. Chairperson Schnabel said that the �revious t�ao items could be on the Septerr�ber 26th City Council 9genda. She told the Brannon's to inform the nerson they ta.lk to that there had been another variance request that tne :�ppeals Comnission haa recommended approva7. on and find out ,•rhat could possibly be ��rorked out. Chairperson Schna.bel encouraged the Brannon�s to be sure to contact the City r?anager's office and exalain the rrhole situation to them. 9DJOURTT1�1dT rfOTIO�T by h1r, T3arna� seconded by p�ir, Ker�per, to adjourn the September 20, 1977, �v�eals Commission neeting, Upon a voice vote, all voting z,ye, the motion carried unaninously. The meeting r�as adjourned at 10;17 P.f�i, Respectfully submitted, ��� ��� PiaryLee Carhill Recording Secretary .