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PL 09/24/1986 - 30607�.�. - -3.� �.r� � CITY OF FRIDLEY PLANNING CONIMCSSION MEETING, SEP�EMBER 24, 1986 CALL TO ORDER• Chairperson Billings called the September 24, 1986, Planning Commission meet- ing to order at 7:33 p.m. ROLL CALL• __.....__ • Members Present: Steve Billings, Dean Saba, Sue Sherek, Donald Betzold and Rich Svanda Members Absent; David Kondrick and A1 Gabel Others Present: Jim Robinson, Planning Coordinator David Harris (Sse attached list) APpROtiAL OF AUGUST 20 1986 PLANNING CO1rIMCSSION MCNUTES : I�TION �Y MR. SABA, SECONDED BY MR. BETZOLD, TO APPROVE THE AUGUST 20, 1986, PLANNING CONIINISSION MT_NUTES AS WRITTEN. UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRpEgSON BILLINGS DEC�RED THE MOTION CARRIED UNANIN�USLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �86-12 BY RICKY THRONDSON• Per Section 205.07.1, C,1 of the Fridley City Code, to allow a second / accessory building on Lot 6D, Auditor's Subdivision No. al,,the:same being 6620 Lucia Lane N.E. MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO WAIVE THE READING OF THE PUBLIC HEAF.ING NOTICE A1�ID OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, AIy VOTING AYE, CHAIgpERSON BILLINGS DECLARED TI� PUBLIC HFARING OPEN AT 7:35 p.m. Mr. Robinson stated this is a request for a second accessory garage located on Lucia Lane with double frontage on Highway 65 and Lucia Lane, just north of Mississippi Street. He stated the property is zoned R-1 and in a predominately single family neighborhood. He stated the petitioner is proposing to construct a new garage, approxi- mately 526 square feet, in front of the existing detached garage and attach it to the house. Mr. Robinson stated staff was recommending approval with the following stipulations: (1) a hard surface driveway be provided with construction ,,�, of the garage; (2) tires and debris be removed from the side yard; (3) boat be moved to the side/rear yard or stored inside garage; and (4) garage materials, siding and roofing are to ma.tch existing house. PI�ANNING CONIl�LCSSION_ MEETIlVG._ SEPTEMBER 24, 1986 PAGE 2 r��° Mr. Throndson stated the new garage was to provide extra storage " for vehicles as well as for a boat and trailer. He stated no mechanical work would be done in the garage. Mr. Throndson stated the existing garage was in good shape and when the new garage is constructed, everything would be re-sided. He stated he had no problem with the stipulations recommended by staff. Mr. Betzold asked if there was a reason why the petitioner was leaving about an eight foot gap between the existing garage and house. He questioned why this couldn't be filled in and attached to the house to caake one Large garage. Mr. Throndson stated this was what he originally proposed, but had some negative feedback. He stated he would have no problem with closing in this gap, if it was allowed by the City Code. He stated the new garage would have footings under it because it would be attached to the house and the existing garage is on a floating s1ab. He stated the existing garage has been there for 20 years and has not moved and he was told by some construction people it would be feasible to attach it to the new garage. He stated if it is not allowed by Code, it could then be detached. Mr. Robinson stated this matter could be worked out with the Building Inspector. ;"� MOTION BY MR. BETZOLD, SECOI�IDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING. �g UPON A VOICE VOTE, ALL VOTING AYE, �EIAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIl�USLY AND THE PUBLIC HEARING CLOSED AT 7:42 p.m. MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECON]MEND TO THE CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP ��86-12, WITH THE FOLLOWING STIPULATIONS: 1. A hard surface driveway be provided with construction of the garage; 2. Tires and debris be removed from the side yard; 3. Boat be moved to the side/rear yard or stored inside garage; and 4. Garage materials, siding and roofing are to match existing house. UPON A VOICE VOTE, ALL VOTING AYE, CI�AIRPERSON BILLINGS DECLARID THE MOTION CARRIED UNANII�USLY. Chairpe�son Billings stated this item would go to the City Council on October 6, 1986. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMLT, SP ��86-13, BY ,�,,,� ROL�ALD CHRISTENSEN OF R.T.C. AUTOMOTIVE: _�,,,, �� PLANt�I'�1G CO1�Il�ICSSION MEETING, SEPTEMBER 24. 1986 pAGE 3 �^� Per Section 205.1�.1, C,� of the Fridley City Code, to allow �►. � repair garage on Lots 1, 2 and 3, Block 3, City View, the same being 5755 University Avenue N.E. MOTION BY MR. BETZOLD, SECONDED BY MS. SREREK, TO �i�31E THE READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARID THE M�TION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:44 p.m. 1�. Robinson stated this property was located on the east side of University, north of 57th Place and south of 58th. He stated the property was zoned C-2, local business, bnt does abut residential on the east. He stated the proposal was to establish a repair garage. Mr. Robinson stated the past business located on this property wa4 Shorty's Towing. He �tated that according �o the prope�ty owner Shorty's has �acated �he building, but are still using part of the storage yard. He stated the petitioner, Mr. Christ�xiso�.,. has occupied this bi�ildi,ng for two months without a special use permit. Mr. Robinson stated staff �.� proposing a plan they feel is minimal in terms of improvements on the site and recommending the following stipulations: (1) install landscaping as per City plan dated September 24, 1986 including sodding, planting and edging and rock r—, mulch with weed barrier for each shrub bed by October 31, 1986; (2) , provide automatic lawn sprinkling for a11 green areas by October 31, 1986; (3) provide six inch concrete curb and gutter around a11 hard surface and driveway openings, as per City plan dated September 24, 1986 by October 31, 1�86; (4) curb openings to be modified to comply with City plan dated September 24, 1986 by October 31, 1986; (5) sealcoat and stripe park�;ng lot as per City plan dated September 24,. 1986 by October 31, 1986; (6) provide hardsurface driveways 10 feet into storage yard on north and south as per City plan dated September 24, 1986 by October 31, 1986; (7) provide eight foot high solid wood fence and gates (material and style to be approved by City) as per City plan dated September 24, 1986 by October 31, 1986; (8) al1 refuse and waste ma.terial shall be stored in dumpsters to be located inside storage area immediately; (9) all materials including inoperable v�ehicles shall be stored inside storage yard, below top of fence immediately; (10) re�ve or relocate to center of storage yard the blue green trailer in storage yard; (11) remove all vehicles intended for sales or lea�ing immediately - special use permit ��86-13 is for auto repa=r only; no sales or leasing of vehicles is or wi11 be per- mitted on this site; (12) remove truck body parts from roof of building immediately; (13) repaint building facade and trim to compliment brick color by October 31, 1986; (14) submit to and pay for an in- dependent soil testing to determine extent of soil contamination by November 14, 1986; (15) provide remedial soil work as indicated by testing by June 1, 1987; (16) no on-street parking of vehicles ser- ,.-� viced or waiting to be serviced is permitted; (17) provide a City a.�- PLANNING CO1rIl�ICSSION MEETING. SEPTEN]BER 24, 1986 pAGE 4 �'� approved sign which does not include mention of vehicle sales or � leasing; and (18) provide a letter of credit in the amount of $10,000 to cover all of the above stipulations. Mr. Robinson stated when the City learned that Mr. Schuur, owner of this property, was moving his business, he was sent a letter advising him a special use permit would be needed for any auto- motive business on this property. He stated the City did not receive any response to that letter. Mr. Robinson stated when the petitioner moved onto the premises, the City sent another letter requesting an application be ma.de for a special use permit. He stated this was in early July, and it was now the end of September. N.�. Biliings stated one of the stipulations was to stripe the parking lot as per the City's plan. He felt the number of parking stalls provided would not be adequate as the petitioner has had as many as 19 to 26 cars parked in the last several days. Mr. Robinson stated he believed some of those cars were zhere for leasing and sales which was an unauthorized business. Mr. Christensen stated his business was previously located at the Sinclair Station on 61st and Central. He stated when he first con- tacted the City to see if he needed any permits in order to relocate his business at this location, he was told he did not. He stated he ,� was not aware he needed a special use permit when he worked out an _ agreement with the property owner. He stated he found out he needed a special use permit for the sign and business after he moved. Mr. Christensen stated he has been working w3th Mr. Wiersma of the City staff to get things cleaned up and make some improvementa. He stated the building was quite run down and they have had to do quite a bit of work on the inside. He stated the weather has been too wet to do much as far as improvements to the outside of the building. Mr. Christensen stated by next week, most of the cars should be gone, either moved to the back or picked up by customers. He stated he felt his business would be good for the neighborhood and he wanted to get the property cleaned up and looking nice. Mr. Billings asked Mr. Christensen how many employees he would have working. Mr. Christens�n stated he was basically working by himself, but would be hiring one person for the winter season. Mr. Christensen stated when he started the business, he thought it would be nice to have cars for customers to lease or rent for a period of time so the custamer was not inconvenienced when a car had to be 1eft. He stated he ha�_ now found this would r�quire anc�ther permit. Mr. Robinson stated for sales or leasing, Mr. Christensen would need � a State license, as well as a City permit. He stated the site was �,-� very limited in terms of parking and did not think a sales or leasing business was appropriate. PLANNING CON]MISSION MEETING. SEPTEMBER 24. 1986 PAGE 5 '� Ms. Sherek �sked once the spa.ce in back was cleaned up, how much space could be used for parking vehicles. Mr. Christensen stated he thought they could get 25 to 30 cars in the back. He stated the owner, Mr. Schuur, will be using the storage yard for storing "snow- birds" in the winter. Mr. Robinson stated he had met with both Mr. Christensen and Mr. Schuur and it was his understanding that M�. Christensen would be leasing the building and the storage yard would be Mr. Schuur's. He stated if that was the case, Mr. Christensen could not count on the storage yard for pa.rking cars. Ms. Sherek stated what they �eally have are two petitioners. She stated the largest portion of the stipulations involved capital improvements which affected the owner, Mr. Schuur. She stated since the property owner was not at the meeting, she questioned how Mr. Christensen could agree to a11 the stipulations. Mr. Christensen stated Mr. Schuur was out of town and could not be at this meeting. He stated he wanted the public hearing postponed, but apparently the hearing notices had already gone out so it could not be postponed. N.�. Biliings felt it would be appropriate to table this item until the next meeting since the owner had wanted the hearing postponed. � _ MOTI01� BY 1�5. SHEREK, SECONDED BY MR. SABA, TO CONTINUE THIS PUBLIC HEARING TO THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECIARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated perhaps a stipulation.could be made that a certain percentage of the storage yard remain open as part of the leas� agree- m ent so the petitioner would know he had a certain amount of storage space for cars. The Commissioners felt this was a good idea and suggested Mr. Christen- sen discuss this possibility with Mr. Schuur. 3. PUBLIC HEARING: CONSIDERAT_I.ON OF A_ SPECIAL USE PERMCT, SP ��86-14, �Y DAVID HARRIS• Per Section 205.17.1, C,l of the Fridley City Code, to a11ow offices not associated with a principal use on Lot 7, B1ock 1, Paco Industrial Park, the same being 250 Commerce Circle South. 1�TION BY MR. BETZOLD, SECONDED BY N6. SHEREK, TO WAIVE THE READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE n MO'rION CARRIED UNANIMOUSLY AND THE pUBLIC HEARING OPENED AT 8:12 p.m. �, � PLAIVNZNG CONIl�IISSION MEETING. SEPTEMBER 24, 1986 pAGE 6 � Mr. Robinson stated this property was located west of University and south of Commerce Circle South. He stated the request is for a special use permit for offices not associated with the principal use in an industrial zone. He stated the property is zoned M-1, light industrial. � Mr. Robinson stated the building with 21,040 square feet was sub- stantially completed in terms of construction. He stated 50 parking stalls were provided in the plan and the building is intended as a spec, office/warehouse facility. He stated it ia es�.imated that about half e�ould be used for office and half for warehouse, and still meet the code for parkYng.� The quality of the buildi�.g suggests a good number of office tenants, Mr. Robinson stated the only stipulation recommended by staff is for the developer to provide the City with tenant information prior to each occupancy of the building. He stated the information is to include intended use, number of employees and gross square footage of each type of usage e.g. office, warehouse, ma.nufacturing. He stated City approval of any proposed tenar►t.is contingent upon sufficient parking supply. Mr. Robinson stated a field Development and Road Business Center. 1em in this area, this future problems. similar stipulation was required for the Win- this same strategy was used for the East River He stated since there has been a parking prob- stipulation would help alleviate any additi.onal Mr. Harris stated the Community Park, located to the south, has in- adequate parking and he has offered the City a shared use of some of his parking. Mr. Robinson stated he has discussed this possibility with Public Works and Parks and Recreation and, even though it may be desirable, there could possibly be a potential conflict when there are daytime activities at the park and Mr. Harris would need his parking during this time. Mr. Grant Johason, representing the properties to the north of Mr. Harais' building, indicated they had a significant problem that now exists with the parking. He was concerned that this ��tu�,tion would become worse and create additional needs for on-street parking. 1�. Billings stated the Code requires a certain number of stalls for office space and a certain number for warehouse space and the special use permit is to allow a mixed use of the building. He stated staff has recommended a stipulation to the special use permit that Mr. Harris provide the City with tenant infor�.tion as to the occupancy so the City can monitor how many people are using office space and how many are using warehouse space so there isn't a situation where you have need for more parking space than what is available. ,--� Mr. Harris stated if sufficient parking space isn't provided for the tenants, they would go elsewhere. He stated it is hoped to have full occupancy of the bui�ding by next summer. PLANNING CON1rLCSSION MEETING. SEPTEMBER 24. 1986 PAGE 7 �, Mr. Betzold felt the stipulation recommended by staff would provide for monitoring the parking and questioned if there was a need to review the special use permit at so� future date. Ms. Sherek felt if someone wasn't complying with the special use permit, staff would bring fthe matter before the Commission. MOTION BY MR. SABA, SECOI�IDED BY MS. SHEREK, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DEC�ARED THE MOTION CAItRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:30 p.m. MOTION BY MR. SVANDA, SECONDED BY MR. BETZOLD, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP ��86-14, WITH THE FOLLOWIlVG STIPULATION: 1. Developer to provide the City with tenant informa.tion prior to each occupancy of building. This information is to include the intended use, number of employees and gross square footage of each type of usage e.g. office, warehouse, manufacturing. City approval of any proposed tenant is contingent upon sufficient parking supply. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. � �hairperson Billings stated this item would go to the City Council on _ October 6, 1986. 4. rr ,.vvnin �unuic.tsraiv riU�Yl1"[iL llJ.S:I:1Zl(:'.L: Per Section 205.07.1, C,2 of the Fridley City Code, to a11ow a day care facility; per Section 205.07.1, C,5 of the Fridley City Code, to allow automobile parking lots for off-street parking spa.ces; and per Section 205.07.1, C,6 of the Fridley City Code, to allow a clinic on Lots 1 through 5 and those parts of Lots 8 through 12 lying Northerly of a line drawn from a point on the West Line of said Lot 8 distant 5 feet Southerly of the Northwest corner of said Lot 8 to a point on the East line of said Lot 12 distant 75 feet Southerly of the Northeast corner of said Lot 1�, all in Block 1, Osborne Manor 2nd Addition, the same being _472 Osborne Road N.E., together with Lot 6, Block 1, Osborne 1Ka.aor 2nd Addition, the same being 400 Osborne Road N.E. together with Lot 7, Block 1, Osborne NNZaanor 2nd Addition, together with adjoining , vacated 76th Avenue N.E., the same being 401 76th Avenue N.E. MOTION BY MS. SHEREK, SECONDED BY MR. SABA, TO �fAIVE THE READING OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE 1�TIDN CARRIED UNANIMOUSLY A1�ID THE pU'gLIC H�ARING OPENED AT 8:33 p.m. PLANNING CONIlNISS ION MEETING. SEPTEMBER 24, 1986 PAGE 8 � Mr. Robinson stated this special use per mit involves the Fridley - Assembly of God Church and two single family homes located east of University and south of Osborne Road. He stated the special use permit is to a11ow a daycare facility, and a�linic to be located in the �xisting churc� building and-automobile parking o� .the two adjacent single family lots. . � � Mr. Robinson stated the square footage for the clinic is 2§,844 and the area designated for the daycare facility on the northeast side of the building has 3,456 square feet. He stated the daycare facility could accommodate up to 98 children as per the States Human 5ervice Department requirements. Mr. Robinson stated they are required to provide 207 parking stalls and will immediately provide 185 with an option to install an additional 81 spaces in the area of the single family homes, if needed. Mr. Robinson stated staff is recommending approval of this special use permit with the following stipulations: (1) a hardsurface set- back of 20 feet be provided from the Osborne right-of-way by June 30, 1988; (2) a landscaping plan be provided to include berming and plant- ings to screen hardsurface areas, existing and proposed, and install approved plan by June 30, 1988; (3) an automatic lawn sprinkling system be provided for all green areas by June 30, 1988; (4) a fenced tot lot area, approxima.tely 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting; (5) pa.thway to be installed from daycare to tot lot prior to daycare starting; (6) concrete curb and gutter be provided for hard surface areas and driveways, including a five foot setback from building by June 30, 1988; (7) sealcoat and restripe parking lbt and provide required handicapped stalls by June 30, 1988; (8) provide one-way directional signage where needed by June 30, 1988; (9) provide an approved dumpster enclosure by June 30, 1988; (10) remove trailers from property east of church by October 31, 1986; (11) provide a drainage plan for approval prior to parking lot work; (12) two single family homes to the west of the church are included in Special Use Permit ��86-15 for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use; (13) resolve taxable status of property with City and County Assessor prior to City Council approval; and (14) provide a performance bond to cover improvements including future pa.rking in the amount of $20,000 prior to closing on church property. Mr. Buratti, representing the North Suburban Hospital District, stated he didn't believe the trailers could be removed by October 31 as they are being used for Sunday school classes. Mr. Billings thought this stipulation should be changed so that the trailers are rea�ved from the property east of the church at �u�h time that the church vacates the property. PLANNING CONIMISSION MEETIlVG. SEPTEMBER 24, 1986 PAGE 9 � Mr. Robinson called the Commission.`s attention to a memo from the ' City Assessor concerning the tax status of this project. Mr. Buratti stated they are aware it is likely the property will become taxable. Ms. Sherek stated she understands the property becomes taxable at the time the use converts. She felt the purpose of the memo was to make sure the petitioner was aware no plans were made on the assumption that the property would be non-taxable. M0, TION BY MR. SVANDA, SECONDED BY N15. SHEREK TO CLOSE TI� PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED TI� 1�TION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:40 p.m. Mr. Billings questioned what action should be taken in regard to stipulation ��13 pertaining to the taxable status of the property. Ms. Sherek stated she didn't feel this stipulation was needed as long as the petitioner is aware the property z�re tt�a� l.zkeiy� wouldn't be tax exempt. Mr. Buratti stated it isn't possible to resolve this issue at this time. � _ Mr. Betzold felt the use of the word "resolve" may be wrong and felt the Assessor wanted the petitioner to understand this issue. He felt the petitioner shov.�+.d contact the City Assessor to discuss this matter. Mr. Buratti stated he would contact the City Assessor and give their views on how they perceive this situation. Mr. Betzold felt this stipulation could be eliminated as long as the petitioner understands he is to meet with the City Assessor and, after this meeting, if any questions are rasied, they could be passed along to the City Council for their meeting. MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECOMMEND TO TI� CITY COUNCIL APPROVAL OF SPEC7'AL USE PERMIT, SP ��86-15, WITH THE FOLLOWING STIPULATIONS: l. A hardsurface setback of 20 feet be provided from the Osborne Road right-of-way by June 30, 1988. 2. A landscaping plan be provided to include berming and plantings to screen hardsurface areas, existing and proposed, and install approved plan by June 30, 1988. � PLANNING CONJMCSSION MEETIlVG. SEPTEMBER 24, 1986 pAGE 10 � 3. An automatic lawn sprinkling �ystem be provided for all green - areas by June 30, 1988. 4. A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starting. 5. Pathway to be installed from daycare to tot lot prior to day- care starting. 6. Concrete curb and gutter be provided for hardsurface areas and driveways, including a five foot setback from building by June 30, 1988. 7. Sealcoat and restripe parking lot and provide required handicapped stalls by June 30, 1988. 8. Provide one-way directional signage where needed by June 30, 1988. 9. Provide an approved dumpster enclosure by June 30, 1988. 10. Remove trailers from property east of church bjz such time that the church vacates the property. 11. Provide a drainage plan for approval prior to parking 1ot work. ^ 12. 'nao single family homes to the west of the church are included _ in this special use permit for future parking only. These houses may be leased as single family residences until such time as the City determines the need for additional parking for clinic/daycare use. 13. Provide a performance bond to cover improvements including future parking in the amount of $20,000 prior to closing on church property. UPON A VOICE VOTE, ALL VOTIlVG AYE, CHAIRPERSON BILLINGS DECLARED TI� MOTION CARRIED UNANINIDUSLY. Chairperson Billings stated this item would go to the City Council on October 5, 1986. 5. CONSIDERATION OF A LOT SPLIT L S. ��86-06 BY DONNA LIND: Sp1it Lot 7, Block 2, Moore Lake Hills into two separate parcels. One being that part of Lot 7, Block 2, Moore Lake Hills lying Westerly of the following described line. Coaunencing at Northwest corner of said Lot 7, thence East along the Northerly line o� aaid Lot 7, a distance of 125 feet to the actual point of beginning; �kence deflect to the right 90 degrees to its point of intersection with the Southerly line of said Lot 7 and there terminating. The other being that part of Lot 7, Block 2, Moore La.ke Hills lying Easterly of the following des- cribed line. Commencing at Northwest corner of said Lot 7, thence -� East along the Northerly line of said Lot 7, a distance of l25 feet to _ the actua3, pca�nt of beginning; thence deflect to the right 90 degrees to its point of intersection with the Southerly line of said Lot 7 and there terminating. FLANNING CONINLLSS ION MEETING SEPTEMBER 24 1986 PAGE 11 � Mr. Robinson stated this proposal is to split Lot 7, B1ock 2, Moore - Lake Hi11s into two separate parcels. He stated the property is located betwc?c?n Woody Lane and Old Central. He stated staff is recommending approval of the lot split with four stipulations as follows: (1) new structure to meet City Code for front yard setback average, 61 feet plus or minus six feet; (2) fence and shed to be relocated prior to recording; (3) park fee of $750 required with building permit; and (4) lot split to be recorded at County within six months of Council approval. MOTION �Y MR. BETZOLD, SECOI�IDED BY 1�5. SHEREK, TO RECOMNIEND TO CITY COUNCIL APPROVAL OF LOT SPLIT, L.S. ��86-06, WITH THE FOZLOWING STIPUTATIONS: 1. New structure to meet City Code for front yard setback average, 61 feet plus or minus six feet. 2. Fence and shed to be relocated prior to recording. 3. Park fee of $750 Eequired with building permit. 4. Lot split to be recorded at County within six months of Council � approval. UPON A VOICE VOTE, ALL VOTING AYE, CHt�IRPERSON BILLINGS DECIARED THE MOTION GARRIED UNANIMpUSLY. Chairperson Billings stated this item would go to the City Council on October b, 1986. 6. CONSIDERATION OF A VACATION SAV #86-OS BY MARTIN NISLEY: Vacate part of a street and utility easement lying in Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul-de-sac). Easement was acquired Apri1 15, 1976 and recorded at Anoka County as Document No. 443624. Mr. Robinson stated this is a request to vacate part of a street and utility easement lying in Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul-de-sac). He stated notices of this proposed vac- ation were sent to the utility companies. Mr. Robinson stated Northwestern Bell has a buried cable, but believed it was in the street and not the cul-de-sac area. Mr. Billings stated he believed the telephone company's cable was across the street and wouldn't be affected by this vacation. He stated if it is a problem, the City should retain a utility easement and this should be verified before the City Council meeting. � Mr. Robinson stated that the long range plan is to develop this property into three single family lots. The area being vacated has already had the hard surfacing removed and is soddedt PIANNING COMMISSION MEETING, SEPTEMBER 24, 1986 pAGE 12 ^ MOTION BY MR. BETZOLD, SECONDID BY I�S. SHEREK, TO RECOMMEND TO CITY -� COUNCIL APPROVAL OF VACATION, SAV ��'86-05, BY MARTIN NISLEY. UPON A VOICE VOTE, ALL VOTIlVG AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would go to the City �ouncil on October 20 for a public hearing, 7. REVIEW OF A SPECIAL USE PERMLT, SP ��84-18, BY LEWIS FARR AT 157 RIVER EDGE WAY I3�E . : Mr. Robinson stated this special use permit was granted in October, 1984 to a11ow a;.second accessory building to be used for a workshop. He stated staff has inspected this structure and l�s. Farr stated they have not received any complaints. Mr. Robinson stated it is staff's belief that the special use permit is being used in the spir3t intended. MOTION BY M.S. SHEREK, SECONDED BY MR. SABA, TO RECEIVE THE STAFF''S REPORT REC�RDING SP ��84-18. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSZY. � _ 8. RECEIVE ENERGY PROJECT CO1�fITTEE MCNUTES OF AUGUST 13 1986: MOTION BY N1�. S�BA, SECONDED BY MS. SHEREK, TO RECEIVE THE MCNUTES OF THE ENERGY PROJECT COMMITTEE OF AUGUST 13, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECLARID THE MOTION CAltRIED UNANII�USLY. 9. RECEIVE HUMAN RESOURCES CONII�IISSION MLNUTES OF AUGUST 14 1986: (See �Iotion omm Pages 6 and 7): MOTION BY M5. SHEREK, SECONDED BY MR. SABA, TO RECEIVE THE MLNUTES OF THE HUMAN RESOURCES CONIl�iCSSION OF AUGUST 14, 1986. Ms. Sherek stated in reference to the item on Pages 5 and 7, it is to inform the Commission regarding the Anoka County Mediation Project. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARID THE MOTION CARRIED UNANIMOUSLY. L�. RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MCNUTES OF AUGUST 14 1986: MOTION BY MR. BETZOLD, SECONDED BY MS� SHEREK, TO RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY OF AUGUST 14, 1986. � UPON A VOICE VOTE, ALL VOTIlVG AYE, CHAIRPERSON BILLINGS DECLARED THE NDTION CARRIED UNANIMOUSZY. PI�NNIlVG CONIl�LCSSION MEETING, SEPTEMBER 24, 1986 pAGE 13 � 11. _RECEIVE ENVIRONMENTAL QUALITY COMMISSION MCNUTES OF AUGUST 19 1986: MOTION BY MR. SVAI�IDA, SECONDED BY MS. SHEREK, TO RECEIVE TI� MCNUTES OF TI� ENVIRONMENTAL QUALITY COMMISSION OF AUGUST 19, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. �,ECEIVE APPEALS CONIl�LCSSION MCNUTES OF AUGUST 26. 1986: MOTION BY MR. BETZOLD, SECONDED BY MR. SVANDA, TO RECEIVE TI� MINUTES OF THE APPEALS COMMISSION OF AUGUST 26, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECZARED THE MOTION CARRIED UNANIMOUSLY. 13. RECEIVE HUMAN RESOURCES CONIl�ICSSION NIINUTES OF SEPTEMSER 4, 1986: MOTION BY MS. SHEREK, SECONDID BY MR. SABA, TO RECEIVE THE MINUTES OF THE HUMAN RESOURCES CON�ISSION OF SEP'PEMBER 4, 1986. UPON A VOICE VOTE, ALL VOTING A.YE, CHAIRPERSON BILLLINGS DECLA�RED THE MOTION CARR.IED UNANIMOUSLY. 14. RECEIVE INFORMAL PARKS & RECREATION CO1�Il�ICSSION MINUTES OF SEPTEMBER 8, ^ 1986: �' MOTION BY MR. BETZOLD, SECONDED BY MR. SVANDA, TO RECEIVE THE MCNUTES OF THE PARKS & RECREATION COMM[,SSION OF SEPTEMBER 8, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BIZLINGS DECLARED THE MOTION CI�RRIED UNANIN�USLY. 15. RECEIVE APPEALS COP�SSION MINUTES OF SEPTEMBER 16 1986: MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO RECEIVE THE MCNUTES OF TI� APPEALS CONINLCSSION OF SEPTEMBER 16, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECLARED TNE MOTION CARRIID UNANIMOUSLY. �tb�. OTHER BUSINESS: A. CON.Il�IISSION STRUCTURE: Mr. Robinson stated two proposals have been prepared by staff regarding options om the City's Commission structure. He stated Plan A involves eliminating the Community Development Commission and having a six member Planning Commission. He stated the Chairperson would be appointed by the Mayor and would vote only to break a tie. � Mr. Robinson stated Plan B eliminates the Community Development Com- mission and combines the Environmental Quality Commission and Energy Commission. He stated this plan provides for a five member Planning Commission with the Chairpe�son appointed by the Mayor. PLANNING COMMISSION MEETING. SEPTEMBER 24. 1986 pAGE 14 � Mr. Robinson stated these proposals have been informally appawved,by City Council, the Courmission may, 'if they so desire, make a recommendation to Council. 1Kr. Billings stated he had discussion with several Council members regarding combining the Community Development Commission with the Planning Commission. He felt this was not their intent, but rather to have these members serve on other City commissions. Mr. Billings felt if the Commission was to recommend Plan A, the question on how many members they would need for a quorum, if the Chairperson isn't able to vote, should be addressed. MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO RECONINIEND TO CITY COUNCIL THE ACCEPTANCE OF PLAN A AS SUBNIITTED BY STAFF. �i�ON A VOICE VOTE, ALL VOTING AyE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANII�USLY. B. CODE CHANGE REC:AB,DING PARKING OF VEHICLES THAT ARE FOR SALE: Mr. Robinson stated the Council considered an amendment to the City Code to prohibit persons from parking cars om side or front yards for the principal purpose of selling thc�m. He stated the City Attorney felt there would be � problem with deCermi�.ing that the principal par.pose was for the sale �"� of these vehicles. Mr. Robinson stated staff is reviewing this matter with the City Attorney's office. C. HARD SURFACE DRIVEWAyS: The Commission discussed if the�e had been problems recently of persons obtaining special use permits and not complying with the stipulation for a hard surface dr•iveway. Mr. Robinson stated staff would check further to see if this is a current problem. D. VACATION OF RIGHT-OF-WAY; Mr. Billings stated in cases where the City owns right-of-way and a -}�roperty owner wishes it vacated, many municipalities charge for this property based on the square footage. He also stated many cities will not vacate unless adjoining property owners agree to purchase the vacated property. Mr. Billings stated this is something staff may wish to check further to determine how adjacent communities are handling these situations. Mr. Robinson stated this could be an agenda item for the Commission's �"� second meeting in October. PLANNING CO1�Il�JISS ION MEETING. SEPTEMBER 24, 1_986 PAGE 15 � ADJOURNMENT • MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CH�IRPERSON BILLINGS DECLARID THE SEPTEMBER 24, 1986, PLANNING CONIl�LLSSION MEETING ADJOURNED AT 10:05 p.m. Respectfully submitted, �� N� Carole Haddad Recording Secretary � /"1 _ , . . � � .. _ ��. .T.- ._:- - .: � " � �� / ��,� �� �'��,� ; �� ��-�m I /J—� 3 /'2T. C �,w� /2�. �15� �c= ��1�p� � � �� �(J `^'u( � �4�5 �� � , ��_ � � �� �`il��� «�r �,��� � �'Z,� �� j� Z_ —___. � �� G� �is��,�s-��. S-7�� v� ��� � ,/ v � i7, � �r�� ��-� � � - = � �;���.� C� � � ��� �� � �y��, las -7i� ��-yN�r r ; �I�.� � ��� � Q� ,� ��2�� ,l a�-J � ����- ���o�ry,/ ���� , �o/ � s`�a o lv�v �_ �- �. %G�j�C��� %� i6�� /�/U — 7� �" � %. � .