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PL 06/22/1983 - 30596� � CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 22, 1983 CALL TO ORDER:- "C�airwoman Schnabel cal7ed the June 22, 1983, Planning Conmission meeting to o der at 7:38 p.m. ROLL CALL: Members Present: Ms. Schnabel, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Mr. Saba, Mr. Goodspeed Members Absent: Mr. Oquist Others Present: Jerrold Boardman, City Planner James Paweiski, 7701 E�ast River Road, Apache Camping Center Mary Martin, ]33 Stoneybrook Way N.E. Donald Wehlast, D. W. Construction, Inc., 8804 Lexington Ave. New Brighton . Mr. & Mrs. Chester�Schack, 685 Glencoe St. N.E. Allan Matson, 6270 Riverview Terrace . Mr. & Mrs. F. C. Smith, 814] Riverview �errace APPROVAL OF JUNE 8, 1983 PLANNING COMMISSION MINUTES• MOTION BY MR. KONDRICK� SECONDED BY MS. GABEL, TO APPROVE THE JUNE 8� 1983� PLANNING COMMISSION MINUTES AS WRITiEN. UPON A VOICE VOTE� ALL VOTING AYE� CHAI�4WOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANZMOUSLY. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #83-03, APACHE C PING CENTER: Per Section 205.101, 3, N, of the Fridley City Code, to amen Specia Use Per�r�t SP #77-04 to allow sales and service of recreational vehicles, on Lot 1, B��ck 1, Pean°son`s Second Addition, the same being 7701 East River Road� MOTION BY MR. �ABA, SECONDED BY MR. KONDRICK� TO OPEN TXE PUBLIC HEARING ON SP �/83-03 BY APACHE CAMPING CENTER. UPON A VO%CE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TXE PUBLIC EEARING OPEN AT 7:39 P.M. Mr. Boardman stated the Commission members had received in the agenda all the background information on this special use permit request. He stated Apache Camping Center is located on the corner of East River Road and 77th Ave. N.E. n Mr. Boardman stated Apache Camping Center is requesting an addition to the special use permit to allow for the display of six units. In the agenda, there is a considerable amount of correspondence between Apache Camping Center PLANNING COf�'IISSIONVMEETING, JUNE 22, 1983 PAGE 2 � and Kent Hill, Economic Development Assistant, dating back to 1981. In a letter to Mr. James Pawelski dated June 18, 1981, which listed the stipulations on Special Use Permit, SP #77-04, Mr. Boardman referred to the following � stipulations: a. That the development of the property be generally consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. b. That the landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. (Mr. Boardman stated that a very extensive site plan was done at that time. It�was approved by the Planning Commission and City Council with concurrence of-the neighbors. That plan has not been completed to the stipulation of the special use permit.) e. That there be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. ' (Mr. Boardman stated this is where Apache Camping Center is request- �� ing a change in the special use permit.) g. Any unsightly storage be stored at the rear of the property (behind the building). Mr. Boardman stated that one of the stipulations in the old special use permit was that there be a maximum of two units located in front of the showroom on the slabs. As the Comnission members remembered, this site used to be a pool center, and the pool center had slab areas. Mr. Boardman stated that on March 30, 1983, Mr. Hill sent a letter to Mr. Pawelski about the non-compliance of city code. A reply was received from Mr. Pawelski on April 12, 1983, in which Mr. Pawelski referred to Item (e) of the specia7 use permit stipulations and talked about requesting an amendment to the original special use permit to display more than two units in front of the showroom. There was no mention in the letter about the landscaping or the other items discussed in Mr. Hi71's letter. Mr. Boardman stated he was somewhat concerned about the lack of compliance to the special use permit and felt that, if anything was granted to A�a�he Camping Center, there needs to be assurances that these issues are going to handled. Ms. Schnabel asked Mr. Pawelski if he would like to make any statements to the Comnission. n � PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 3 Mr. James Pawelski stated he is part awner of Apache Camping Center. He stated he had to admit that they have not done the landscaping as required by the special use permit. Regarding Item (e) that there be a maxi�m of � two units displayed in front of the showroom� the units that are now on display were not in existence at the time they requested the special use permit in ]977. The Park Model is something new in the industry and has been out for only 3-4 years. It is a unit that is not to be pulled. It is primarily set on a lot, either an owned or rented lot, and it is a cabin- type unit. The reason for requesting the amendment to the special use permit is because these Park Models were not in existence in 1977 and because they do not have enough room for the units in the other part of the lot. He stated the display models are left up, and the buyer chooses the interior decorating, and the manufacturer builds to the buyer's specifications. Then in the fall, the units that are on display are sold at a reduced price. They pick up their new units in November, and in January when the camping show starts, they display the new units up front. . Ms. Gabel stated that in 1977. certain stipulations were put on the special use permit which were expected to be done. She did not understand why these things were not done. . Mr. Pawelski agreed they should have gone to the Planning Comnission and City '"1, Council earlier to ask for an_amendment to the special use permit because of the new ursits, but they just did not do it. The other main item was the landscaping, and it was true they were in non-compliance with that stipulation. They started putting units out in front,and he honestly did not feel he should landscape and then cover the landscaping with units. If they have to put in the landscaping with the permission to put in more units, he supposed they would have to landscape around the units. But, he stated,the units vary in size every year. . Mr. Boardman stated the majority of landscaping was not in. Most of the landscaping that needs to be done is the street right-of-way along 77th. The whole purpose of the landscaping was for screening of the back area where the units are stored. There is no berming and no screening on the fence. The whole thing in Item (a) was "that the development of the property be generally oonsistent with the plat plan....corrected to show two concrete slabs adjacent to the showroom". As he remembered it, the plan was for the filling of the old pool area, leaving two slab areas for display areas. The landscaping itself does not necessarily mean in front of the units but close to the showroom itself. This has not been complied with. Mr. Pawelski stated Staff is talking about la�ndscaping on 71th Way. They have had people who have driven by and seen the units through the fence and have come back and rnade a purchase. As far as uns�ightly units in the back, there are two trucks that do not belong to Apache Camping Center. The trucks belong to the landlord. ,� PLANNING CON�IISSION MEETING,�JUNE 22, 1983 ' PAGE 4 r"` Ms. Schnabel stated it appears there really are three display areas that have been �reated by these slabs. She did remember back in 1977 about the filling in of the pool area, but, in all fairness, the drawing shows that - � as an available site. Mr. Boardman stated it was very clear in the discussions in 1977 that the pool area would be removed and that there would be only two concrete slabs for display. Even though there is an area where the pool used to be, i� does not mean that is a display area. Ms. Schnabel asked if there was anyone in the audience who wished to address this subject. Ms. Mary Martin, 133 Stoneybrook Way N.E., stated she did not feel Apache Camping Center has complaed with any.thing other than the fact that they do not sell snowmobiles, dd not have loud music, and do not have lights on late. Over the years, Apache Camping Center has had canoes in front, small trailers in front, portable signs in front, and propane gas signs on the cyclone fence. Every time there is a camping show or any show that pertains to their business, they have a great big sign that goes up �nd stays up for several weeks. . Ms. Martin stated one of the reasons the neighbors stopped fighting and �. agreed to have the business in this location was because of the stipulations that were put on the special use permit--that there would be only two display areas in front and that the place would be kept neat. She stated the area has not been kept neat. Right now on the south side, she believed there were three large units in front, three large units nosing into the front where there used to be Russian Olives. On the north side, there is a unit nosing into the front that has a sign that says "wide load". She did not see why the property has to be made worse than it already is. She felt Apache Camping Center should be made to comply with the stipulations they now have, Apache Camping Center has not comp7ied over the years,and she doubted if they complied after the first six months. She did not want to see the whole front area covered with trailers. Ms. Martin stated she strongly recommended that the Planning Commission deny this special use permit, and that Apache Camping Center be forced to comply with the special use permit now in effect or that that special use permit also be revoked. She stated it was her understanding that the special use permit issued in 1977 was supposed to came up for review by the City in three years. To her knowiedge, there has never been a review, and it is now six years later. She stated Apache Camping Center is"tacky". She is living across the street from something that is tacky, and the neighbors were pro- mised that this would not happen and that Apache Camping Center would comply and live with the rules put upon them. Mr. Pawelski stated he agreed with Ms. Martin, but they are also in business. The signs that are put up for the shows are for advertising. This is part of ^ doing business. He admitted they were wrong by not coming to the City when .� PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 5 they put up the Park Models without approval from the City for additional display space. He stated they are struggling to make a living and the bills have to be paid. Since 1977, a lot of things have changed. � Ms. Martin stated that what has not changed is the fact that people are still living there. It is stil7 her home and her neighborhood. Mr. Kondrick stated he felt that Apache Camping Center has just simply out- grown its space. Mr. Pawelski stated, yes, they have outgrown their space, but they cannot just pick up and move. Moving is very hard for b��iness. If this special use permit is not granted, he will obviously havE to move units off and start looking for another location. When they originallY requested a s�ecial use permit in 1977, they were primarily a tent.camper dealer selling 90 tent campers a year. They now sell approx. 20 tent campers a year because people are not buying the tent campers. They are now selling the Park Models which are $16-25,000 each. Ms. Martin stated she wanted to remind the Planning Commission that six years ago wh�n the special use permit was granted, the Planning Cammission was ready to refuse it. The reason the Planning Corrgnission did decide to ^ approve it was because the neighbors said that because of the promises made by Apache Camping Center, they would be good neighbors and let Apache Camping Center come in. The City Council also was ready to refuse the special use permit even after the Planning Comnission's recommendation, but because the neighbors said they would allow it to come in because of the promises made, the City Council also approved the special use permit. If it had not been for the neighbors,the special use permit would have been denied. She did not think the neighborhood now should be put down because Mr. Pawelski's business is too big for this location. She realized Mr. Pawelski had to make money. She was not against business, but she was certainly for her own neighborhood and her own living space. Mr. Svanda stated that if all the stipulations from 1977 were complied with by Apache Camping Center, how would Ms. Martin feel about the parking of six trailers? Ms. Martin stated she wou]d be against it, because the site looks like a trailer park now. The business is just plain tacky and the neighbors were promised it wouldn't be. Six trailers in the front is only going to make it look tackier. � Mr. Svanda stated the worst thing in this whole issue seemed to the fact tEiat Mr. Pawelski showed bad faith by not putting in the landscaping. Mr. Saba stated maybe there is some kind of compromise that can be reached regarding the landscaping. Maybe the 7andscaping should be done, and then � Mr. Pawelski should reapply for this special use permit after the land- scaping is done. PLANNING COMMISSION MEETING, JUNE 22, 1983 � PAGE 6 � Ms. Gabel stated she did not see that as a satisfactory solution. She stated she was on the Planning Commission in 1977, and she had a lot of reservations about the special use pe�mit at that time. The only reason she voted for the special use permit at that time was because of the stipu- lations and the agreement by Apache Camping Center that the stipulations would be met. Six years have gone by and those stipulations have not been met. 5he had no reason at this point to believe that to approve another special use permit with more stipulations with some landscaping was going to change anything. If anything, it might make the situation worse. She appreciated the fact that Mr. Pawelski's business has outgrown the location; but she did not feel that was the neighbors' fault, and they should not be expected to bear the brunt of it. Mr. Saba agreed, but stated if there was any way Mr. Pawelski could satisfy the neighbors, which seems to be the biggest prob]em, and still stay in business in this locatidn, he would be all for it. However, he would ]ike to see some changes made before the approval of this special use permit. Maybe Mr. Pawelski should meet with the neighbors and work this out to their satisfaction. Mr. Svanda stated he liked Mr. Saba's idea about making Mr. Pawelski put in the landscaping before the P7anning Commission cons�ders this specia7 use permit any further. . Ms. Schnabel stated she could appreciate the suggestion of the Apache Camping Center's owners meeting with the neighbors, but they met with the neighbors a lot in 1977 and still nothing was done. To say Mr. Pawelski has to meet with the neighbors now would probably only be delaying something further. It is really the City's role and responsibility to see that a land- scaping plan is executed. It is not the role of the neighbors. Mr. Boardman asked Mr. Pawelski if he would be willinq to work with the City on a landscaping plan. The City would require 100� letter of credit against the entire landscaping. Mr. Pawelski stated he really had no choice but to do that. He asked if he could have at least 30 days to reshuffle his units and take five units off the slabs. Ms. Schnabel stated they would give Mr. Pawelski a reasonable length of time for removal of the units. Ms. Martin stated that if the idea was that by having the landscaping done, Apache Camping Center could have more trailers in front, she was totally against it and would fight it. She did not want more trailers in front. That was the biggest thing the neighbors didn't want. Mr. Saba stated what he was thinking about was a landscaping plan that would prohibit the display of any more than_a fixed number of trailers. � ,�"1 PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 7 Mr. Kondrick stated he drives by this property every day and knows the property pretty well. If Apache Camping Center was to adhere to the original landscaping p7an, even "fudging" a bit, there was no way they � could operate and do business the way they do now. Mr. Svanda stated that is why he would like to see the landscaping plan developed before they even consider this special use permit any further to see if it can even work. Mr. Pawelski stated he wanted to comply in any way possible to maintain his business. MOTIDN BY MR. SABA� SECONDED BY MR. GOODSPEED, TO CLOSE THE PUBLIC XEI�RING ON SP �/83-03 BY APACHE CAMPING CENTER. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCNNABEL DECLARED TXE PUBLIC XEARING CLOSED AT 8:41 P.M. - Ms. Gabel stated that having been at the previous Planning Commission meeting in ]977 when this all happened, she was really concerned because this special use permit with stipulations was issued. The big concern was the two big slabs out front, and the neighbors agreed to go along with the special use �.., permit based on those two big slabs. They were very concerned about there being a large number of trai]ers parked out front. Sf�e understood that Mr. Pawelski has outgrown his location, but when the decision was based on that predication, she had a rea] difficulty even considering increasing the display uni,ts. She felt the City has some responsibility to live up to the special use permit that was granted in 1977. Mr. Saba stated he knows what has happened between 1977 and now with the economy and the gas crisis. It has to be a tough business to be in. He stated he would like to see an agreement on a landscaping plan made with the City, have that plan presented to the neighbors and�discussed with them. Before the granting of any�special use permit, he would like to see the stipulations satisfied and the landscaping completed. Mr. Kondrick stated tha� neither Mr. Pawe]ski or his partner have complied at all with the special use permit issued in ]977. More than that, the promises made to the neighbors were broken. He understood Mr. Pawelski's position, but he was in business today because of the neighbors. He stated he lives in that area, and this area has always looked tacky. He stated he wanted to see these stipulations complied with, and he would be against the approval of this special use permit. Mr. Goodspeed stated he would agree there was no bargaining over the land- scaping. That should be done without question. No �ood faith ha� been shown by Apache Camping Center, and he would like to see some good faith shovm before they even consider this special use permit. • PLANNING COMMISSION MEETING, JUNE 22, 1983 _ PAGE 8 � t 2. 1�lOTION BY AlR. KONDRICK� SECONDED BY MR. GOOASPEED, TO RECOMMEND TO CITY COUNCIL DEAIIAL OF SPECIAL USE PERMIT REQUEST, SP �183-03� BY APACBE CAMPING CENTER: PER SECTION 205.101� 3� N� OF TXE FRIDLEY CITY CODE� TO AMEND SPECIAL USE PERMIT SP #77-04 TO ALLOW SALES AND SERVICE OF RECREATIONAL VEHICLES ON LOT I, BLOQC 1� PEARSON'S SECOND ADDITION� THE SAME BEING 7701 EAST RIVER ROAD. Mr. Boardman stated that by denying the special use permit, there is a three-letter process that will take place in enforcing compliance. If he doesn't comply, the City can tag him. The other alternative is that the City Council has the ability to remove the special use permit which would eliminate the business in that location because the special use permit is for outside display of units. Mr. Saba stated this would not prohibit Mr. Pawelski from complying with the stipulations made in 1977 and then reapplying for this special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. • Mr. Boardman stated this would go to City Council on July 11, 1983. .,��.,� ... ��rnnr��n. [��I111CCT cno e caGrroi IICF PFRMTT_ SP #83-04. BY aiiow tne conszructi 29 and 30,.Block S, Terrace N.E. VLJI �V�• •• v.r��••� �-- "--- - . . CONSTRU 7ION, I C.: Per Section 05. 5 4, (4), to on of a new welling in CRP-2 zoning on Lots 27, 28, Riverview Heights, the same being 8125 Riverview MOTION BY MS. GABEL� SECONDED BY 1rUi. SABA� TO OPEN THE PUBLIC HEARING ON SP #83-04 BY DONALD WEHLAST, D. W. CONSTRUCTION. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:57 P.M. Mr. Boardman stated this property is on Riverview Terrace in the flood plain and requires a special use permit. It also requires fill to be placed on the site. In 1979 there was an application for a specia7 use permit and a variance. This property has two 50' lots and the request at that time was for zero lot line, two units, one on each lot with a lot size variance. The variance was denied so the special use permit was withdrawn. �"� Mr. Boardman stated this request is by D. W. Construction, Inc., for one house on both lots so there would be 100 ft. of lot with one house. It does meet the requirements as far as setbacks as far as the flood plain in the sense that the garage and living space meet flood plain regulations. The one concern ie the drainage. The people proposing the deve7opment and the City Engineers feel the drainage is workable if done correclty; however, Staff still has some concern. If this specia7 use permit is approved, the � stipulation he would recomnend was that an engineered drainage plan be submittec ,^ PL_ANNING COMMISSION MEETING JUNE 22, 1983 PAGE 9 with a letter bf guarantee that the drainage will be sufficient and, if not. will be corrected. One of the proposals they are looking at for drainage is to drain into the slue where water drains rigi�t now. Staff's f recommendation on that would be that they would either want an easement for drainage or some kind of drainage direct7y from the lot to the river. Mr. Boardman stated that other than the drainage, it is a good plan. There will be a requirement of a small retaining wall because of the 15 ft, fill requirement, and that has to be worked out with the inspectors. Ms. �chnabel asked if Mr. Don Wehlast of D. W. Construction had any comments regarding drainage. Mr. Wehlast stated he has had engineers and excavators out there, and they have said the natural drain is to thP north. He has been told he would have to have a culvert under'the driveway to get the water to drain to the north. Ms. Schnabel asked if there were any questions from people in the audience. Mr. Chester Schack, 687 Glencoe� stated he was very concerned about where the water is going to go. ' � Mr. F. C. Smith stated he owns the house just north of this lot, 8141 Riverview Terrace. He stated this is a lovely house and will be an asset to the neighborhood. He was concerned about the water draining through his front yard. If they could put a culvert under the street and drain the water to the river, that would be great. Mr. Boardman stated this is why a drainage plan has to be worked out and agreed to by al] the parties concerned. MOTION BY MR. KONDRICK� SECONDED BY MS. GABEL, TO CLOSE THE PUBLIC XEARING ON SP //83-04 BY DONALD WEfII,AST� D. W. CONSTRUCTION� INC. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED TXE PUBLIC XEARING CLOSED AT 9:22 P.M. MO_ TION BY MR. KONDRICK, SECONDED BY MS. GABEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT REpI7EST� SP �I83-04� BY DbNALD WEXLAST� D. W. CONSTRUCTION� INC.: PER SECTION 205.Z574, (4)� TO ALLOW THE CONSTRUC- TION OF A NEW DWELLING IN CRP-2 ZONING ON LOTS 27, 28, 29 AND 30, BLOCK S, R�ERVIEW HEIGNTS� THE SAME BEING 8125 RIVERVIEW TERRACE N.E.� WITH THE FOLLOWING STIPULATIONS: 1. A WORKABZ,E DRAINGE PLA111 BE DEVELOPED. 2. RETAINING WALZS BE PART OF THE DRAINAGE PLAN� PROVIDED TfIEY ARE REQUIRED FOR DRAINAGE. UPON A VOICE VOTE� ALL VOTIIVG AYE� CHAIRWOMAN SCHNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. � PLANNING COMMISSION MEETING. JUNE 22� 1983 PAGE 10 r—°� Mr. Boardman stated this item would go to City Council on July 11. 3. CONTINUED:` REVIEW OF A PROPOSED ORDINANCE ADOPTING A NEW CHAPTER 101 � STOC K E- Ms. Schnabel stated this item would be continued until sane clarification was received on State Law. 4. RECEIVE JUNE 2, 1983, HUMAN RESOURCES COMMISSION MINUTES: . b10TION BY 1�2. CODDSPEED, SECONDED BY 1�2. KONDRICK, TO RECENE THE JUNE 2, 1983, ° B(JMAN RESDURCES COMMISSION 1HINUTES. _ UPON A VOICE VOTE� ALL VC�TZNG AYS� C1lAIRWOMAIV SCIINABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. - 5. RECEIVE JUNE 9, 1983, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: AlOTION BY MR. SABA, SECONDED 8Y XR. GOODSPEED, TO RECEIVE TNE JUNE 9� 1983, HOUSING 6 REDEVELOPINENT AUTXORITY MINUTES. Mr. Saba stated the decision made by the HRA to relocate Mr. Ryan in the ��` Standard Station property rent-free for 24 months really bothered him. He felt it was a very bad precedent for the City to take, and it should never happen. ; Ms. Gabel stated she agreed. Mr. Boardman discussed the reasoning behind such a decision and stated that the HRA has a lot of very difficult decisions to make and has to weigh all the factors that enter into the redevelopment process. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TXE 1►IOTION CARRIED UAIANINlDUSLY. 6. RECEIVE JUNE 14 1983 APPEALS CONMISSION MINUTES: 1►IOTION BY MS. GABEL� SECONDED BY A4t. KONDRICK, 4'O RECENE TXE JI1NE 14, 1983, Ap .siSp�I..S G�QMMISSION MIIWTES. �IPON A VOICE VOTE, ALL VOTING AYE, CNAZRW0INAN SCXNABEL DECLARED TfIE 1NOTION CARRIED IINANIMOUSLY. 7. RECEIVE JUNE 14 1983 COMMUNITY DEVELOPMENT COMMISSION MINUTES: 1MDTION BY !!R. SABA, SECONDED BY lQt. GOODSPEED� TO RECEIVE T8E JUNE 14, 1983, GOINMUNITY DEVELOPI►�NT CQIKMISSION MINUTES. �' UPON A VDICE VOTE, AI+L VOZ7NG AYE, QiAIRWOMAN SCiINABEL DECLARED TNE MOTION CARRIED UNANIXDUSLY. • ��, PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 11 ADJOURNMENT: MOTION BY iQt. GOODSPEED� SECONDED BY 1�t. SABA, TO ADJOURN TXE XEETING. UPON A VOICE VOTE, ALL VOTING AYE, CbT.�lIRWOMAN SCHNABEL DECI.ARED THE JUNE 22� 1983, P�ANNING COMMISSION MEETING ADJOURNED AT 10:00 P.M. Respectfully s itted, Ly e Saba Recording Secretary � � � .