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06/26/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, JUNE 26, 1991 7:30 P.M. Public Copy Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, JUNE 26, 1991 7: 30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: June 19, 1991 (Minutes will be mailed out prior to the 6/26/91 meeting) CONSIDERATION OF A VACATION, SAV #91-03, BY WILLIAM PICKERING: To vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 North Innsbruck Drive N.E. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 6, 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 11, 1991 RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF JUNE 11, 1991 OTHER BUSINESS: ADJOURN: CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 19, 1991 CALL TO ORDER: Chairperson Betzold called the June 19, 1991, Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Don Betzold, Sue Sherek, Connie Modig, Brad Sielaff Members Absent: Larry Kuechle, Dean Saba, Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Ronald Swenson, 5834 2-1/2 Street N.E. Paul & Eileen Reider, 5875 2nd Street N.E. Pete Meisner, 5834 2-1/2 Street N.E. Peggy Walker, 6339 5th Street N.E. Karen Moormann, 5850 - 2-1/2 Street N.E. APPROVAL OF MAY 22, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Ms. Modig, to approve the May 22, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MAY 22, 1991, PLANNING COMMISSION MINUTES APPROVED AS WRITTEN. 1. CONSIDERATION OF A VACATION, SAV #91-01, BY EUGENE AND JEAN HAGBERG: To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. Mr. Betzold stated that this item was tabled at the last meeting in order to obtain additional information and a legal opinion from the City Attorney. MOTION by Ms. Sherek, seconded by Ms. Modig, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this is a request to vacate the north 243 feet of an alley that is located in the 5800 block of 2nd and 2-1/2 Streets. She stated at the last Planning Commission meeting, there PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 2 were several questions raised regarding the effect of this vacation on Mr. Meisner's property, 5834 - 2 1/2 Street N.E. Ms. McPherson stated a memo has been received from the City Attorney, and it is his opinion that preventing access to Mr. Meisner's property would constitute a taking. She stated the City Attorney suggested that one of the alternatives discussed by the Planning Commission be implemented, if the alley is vacated. She stated the alternatives are that an access easement be obtained or that Mr. Meisner be allowed a paved parking area in the front of his home. Ms. McPherson stated the apartment owners at 5851 2nd Street and 5846 2-1/2 Street were contacted to determine if they would provide Mr. Meisner with an access easement or a place to park his vehicle on a permanent basis. She stated both property owners indicated they would be reluctant to provide Mr. Meisner with any type of access easement. Ms. McPherson stated the City Assessor, Mr. Madsen, was consulted and it was his opinion that there would be a devaluation in the property, if the vacation is approved. She stated Mr. Madsen felt the property was not landlocked, but there would be no area to provide access to a garage, should one be constructed. Ms. McPherson stated it is staff's recommendation that Mr. Meisner have some type of access, prior to approval of the vacation, either by an access easement or paving the parking area in his front yard. Mr. Ron Swenson, 5834 2-1/2 Street N.E. , stated there is an alley a block away on 60th and 2-1/2 Streets that is maintained by the City and asked why this alley cannot be improved and maintained. Mr. Betzold stated his position is that if this vacation is not approved, the City should improve the alley and pave it. Mr. Swenson stated it seems neither the neighbors nor the City are willing to pay for the improvement. He stated you cannot drive a vehicle in the alley without it getting scratched. Mr. Pete Meisner, 5834 2-1/2 Street N.E. , stated he does need some type of access to his property as he wants to construct a garage at some future date. He stated if the alley is open, he can construct a garage in the rear and, if the alley is vacated, he would need a tuck-under garage. Mr. Meisner stated he understands the City is not willing to consider a tuck-under garage. Ms. McPherson stated she did not know where Mr. Meisner obtained this information as there are several tuck-under garages on other properties in the City. She stated unless there is a structural problem, she could not see any reason for the City not allowing Mr. Meisner to construct a tuck-under garage. PLANNING COMMISSION MEETING. JUNE 19. 1991 PAGE 3 Mr. Meisner stated his only concern is that he has some type of access. Mr. Paul Reider, 5875 2nd Street, stated he felt the off-street parking in front of Mr. Meisner's home would give him the optimum access. He stated he favors vacation of the north end of the alley as it is a drive-through and not maintained. He questioned who is liable if someone is injured as there are children riding dirt bikes in the alley. He stated he is concerned with the safety, and the four landowners to the north are looking for some relief to the activities that occur in the alley. Mr. Betzold stated if the north end of the alley is vacated, there has been testimony that it would be a lot more difficult for Mr. Meisner to access through the south end. He stated also that if the north end of the alley is vacated, there may be a request to vacate the south end. He stated he would not like to be placed in the position that by approving one vacation, the other one would have to be granted. Mr. Betzold stated it seems there are problems with any approach that is taken. He stated he reviews this from a policy standpoint, however, the Council would also get involved in the budgeting issue, if the alley were to be improved. Mr. Sielaff asked what constitutes adequate access and if there was access only from the south, if this was adequate. Ms. Dacy stated there is access from the south, but history has shown that this has not always been available. She stated what the City Attorney has stated is that Mr. Meisner may have no means to get to his property and that may constitute a taking of property. She stated her concern is that Mr. Meisner's property is not typical and does not have an access from the street and his sole access is from the alley. Ms. Peggy Walker, 6339 5th Street N.E. , stated she felt the alley should not be vacated. She stated she has not observed vehicles in and out of the alley, except the vehicles from the apartment building and Mr. Reider's neighbors. She stated she felt the apartment owners wanted the alley vacated so they can dump their snow in this area. Ms. Elaine Reider, 5875 2nd Street, stated she has cleaned the alley and removed debris. She stated she has talked with property owners regarding the alley and no one is even concerned or cares about it. She stated she wanted the partying that goes on the alley to stop, but wanted Mr. Meisner to have access. Ms. Dacy stated in regard to the question of liability which was raised by Mr. Reider, the City would be liable. She stated there are a number of paper streets and alleys in the City that are on the books and not improved. She stated if something happened on PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 4 City owned property, anyone would have the right to file a claim. Mr. Betzold stated if someone was injured and wanted to file a claim, there is nothing that prohibits them from doing so. Ms. Modig questioned how giving access to Mr. Meisner would affect the parking at one of the apartment buildings. Ms. Dacy stated that in the case of the property owner to the north, if Mr. Meisner was provided access, he would have to access through the apartment's parking spaces. She stated the apartment owner did not want to give up any parking spaces in order to provide this access. Ms. McPherson stated as far as the apartment owner to the west, the area where Mr. Meisner would access is where the dumpster and fencing is located. Mr. Meisner stated he would be willing to clean the alley to a certain extent, but was told by City staff this was not a good idea as he would be on someone else's property. He stated he was advised that the City would not clean the alley. Ms. Dacy stated she knows the cleaning issue is frustrating for the property owners. She stated the current policy is that the City is not maintaining the alley, but as Ms. Reider testified, she has done some cleaning in the alley. She stated she believed the apartment owner must plow the alley for his tenants to get in and out. No other persons in the audience spoke regarding this proposed vacation request. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to close the informal public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE HEARING CLOSED AT 8:05 P.M. Ms. Dacy stated if the Planning Commission chooses to recommend approval of this vacation request, the staff recommends that the petitioner pay for the cost of preparing and installing the dead- end alley signs and provide a ten foot drainage and utility easement over the vacated alley. She stated a provision should also be made for Mr. Meisner's property for an access easement or a paved area in the front yard so he has 100 percent access at all times. Mr. Betzold stated it seems the provision for an access easement is not feasible since the apartment owners are not willing to provide the access. He stated it seems any approach that is taken is liable to cost the City. He stated he did not know how to PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 5 advise the Council as they make the spending decisions. Mr. Betzold stated from a policy standpoint, there is a problem that this is a nuisance and does not doubt it is an eyesore and, for this reason, probably should be vacated. Mr. Betzold stated, however, he cannot ignore the issue that by approving the vacation, it would be taking property from Mr. Meisner and he would probably have to be compensated. He stated Mr. Meisner has already been told he cannot park on the street, but he cannot be ordered to install a parking space in his front yard. He stated if the north end of the alley is vacated, Mr. Meisner may not be able to access on the south which may constitute a depreciation in his property. Mr. Sielaff stated he is inclined to deny the vacation request due to all the uncertainty. Mr. Betzold stated he is not opposed to the vacation, however, there are consequences if it is not vacated. He stated he felt the best recommendation he could make is not to vacate the alley. He felt if the alley is not vacated, the area probably should be considered for upgrading and improvement. He stated this would have to be the Council's decision as there would be considerable cost involved to improve it and they may wish to leave it as it now exists. Ms. Sherek stated if the vacation is going to cause a hardship to a person who is not a party to the vacation request, she would not be in favor of it. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council denial of Vacation Request, SAV #91-01, by Eugene and Jean Hagberg, to vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the City Council will hold the public hearing on this vacation request on July 22, 1991, but action on the request will not take place until the Council 's first meeting in August. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-07, BY BIZAL, INC. : Per Section 205. 18.03.C(4) of the Fridley City Code, to increase the maximum lot coverage from 40% to 42.5% on Lot 1, Block 3, East Ranch Estates Second Addition, generally located at 7880 Ranchers Road N.E. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 6 MOTION by Ms. Sherek, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 8:23 P.M. Ms. McPherson stated this special use permit is for property located at the intersection of Ranchers Road and 79th Avenue. She stated the request is to increase the maximum allowable lot coverage from 40 to 42 .5 percent to allow an expansion to an existing building. Ms. McPherson stated the petitioner has also applied for a variance to reduce the rear yard setback from 25 feet to 8 feet. She stated the Appeals Commission recommended approval of the variance with the stipulation that a lot split be completed within two years to bring the property into compliance. Ms. McPherson stated the property is zoned M-2 and the building is used for manufacturing and warehousing. She stated the lot to the south is currently vacant and owned by the petitioner's father. She stated as the two properties are owned by two separate entities (the subject parcel is owned by the Bizal Corporation) , a combination of the properties is not possible without a transfer of ownership. Ms. McPherson stated under Section 205.18.03.C. (4) of the City Code, two standards must be met prior to the City granting a special use permit to increase the maximum lot coverage by up to ten percent. She stated the first standard requires an evaluation to determine if a reduction in the total building and parking coverage can be achieved. Ms. McPherson stated, in this case, the expansion would increase the building coverage, but not impact the parking coverage. Ms. McPherson stated the other standard is whether all ordinance requirements can be met, including but not limited to parking, storm water management, and landscaping. She stated the current use of the building is divided between manufacturing space at 15,580 square feet and warehouse space at 5,870 square feet. She stated the code requires the number of parking spaces needed for the existing uses to be 42 and the site currently has 27 spaces. Ms. McPherson stated the proposed addition of 5,480 square feet would require an additional three parking spaces on the site. She stated while the site provides adequate parking for its 25 employees, it clearly does not meet the code requirements based on the types of uses within the building. Ms. McPherson stated the proposed warehouse expansion would eliminate area for the "proof of parking" which is provided for in PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 7 the code. She stated the "proof of parking" means a property owner does not need to physically provide the required number of spaces, but needs to maintain an area where the required spaces could be provided if needed. Ms. McPherson stated a grading and drainage plan should be submitted to insure that the storm water detention requirements are met. Ms. McPherson stated one of the issues that has been brought up during discussions with the petitioner, Mr. Bizal, and his architect, Mr. Samuelson, is the vacant lot to the south. She stated one of the alternatives proposed by staff was a lot split to split the vacant property in order to provide adequate area to meet the code requirements. She stated the lot split process would prevent expedient construction and the petitioner is in dire need of warehouse space for storage of raw materials. Ms. McPherson stated the petitioner is willing to complete a lot split within two years. Ms. McPherson stated staff is recommending denial of the special use permit as the proposed expansion does not meet the standards set forth in the Zoning Code. She stated if the Commission chooses to recommend approval, staff would recommend that when the lot split is completed, 55 feet should be split from the adjacent vacant lot to provide "proof of parking", the petitioner shall submit a grading and drainage plan showing where storm water detention and retention shall occur; and variance request, VAR #91- 14, shall be approved. Mr. Betzold asked what would guarantee that the lot split would proceed, if this special use permit is approved. Ms. McPherson stated if the petitioner fails to apply for the lot split, the City could process a revocation of the special user permit which would then render the property non-conforming. She stated in talking with mortgage companies, one of their concerns for financing is if a property is in conformance with the codes of the City. She stated if the special use permit is revoked, this could make acquiring a loan more difficult for the property owner. Mr. Betzold asked if the petitioner's father, who owns the vacant lot, could deed the property over to this parcel. Ms. McPherson stated this was discussed at length with the petitioner, Mr. Bizal. She stated Mr. Bizal 's father purchased this vacant lot for investment purposes and is not interested, at this time, in a transfer of property. Mr. Mike Bizal, Vice-President of Bizal, Inc. , stated his father bought this vacant lot on a contract with the idea that this would be used for expansion space or investment. He stated Bizal, Inc. 0. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 8 paid taxes on this vacant lot and the lot was held in escrow for future expansion. He stated Bizal, Inc. owns the building and understands if it was ever sold, the City would want adequate parking on the site. He stated, however, he wanted to begin this addition as soon as possible. Mr. Betzold asked Mr. Bizal if his father could deed the property to Bizal, Inc. and then combine the two parcels into one. He stated by having two lots in different ownership, the City is taking the chance that the lot split would not proceed. Ms. Dacy stated the lot split will still have to be processed unless the property was deeded and the City held the deed. Mr. Bizal stated his father has agreed to the lot split, but did not want to deed the entire parcel, if it was not necessary. Ms. Dacy stated if Mr. Bizal's father deeds over the entire parcel so the property is under one ownership, the special use permit and variance will not be needed. Ms. Sherek stated a variance and special use permit are granted when special circumstances are involved. She felt in this case, because Mr. Bizal's father was the owner of the vacant lot, this criteria does not exist as other alternatives are available. Mr. Bizal asked if the vacant lot was transferred to create one parcel, how soon he could begin construction. Ms. Sherek stated construction could begin as soon as this transaction is recorded since the variance and special use permit will not be needed. Ms. Dacy stated the documents should be submitted to the City to prove that this has been recorded. MOTION by Ms. Sherek, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND PUBLIC HEARING CLOSED AT 8:48 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council denial of Special Use Permit, SP #91-07, per Section 205. 18. 03.C. (4) of the Fridley City Code, to increase the maximum lot coverage from 40% to 42.5% on Lot 1, Block 3, East Ranch Estates Second Addition, generally located at 7880 Ranchers Road N.E. . Further, a transfer of ownership is suggested in order to eliminate the need for a variance and special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. • PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 9 3. CONSIDERATION OF ANOKA COUNTY REGIONAL RAIL AUTHORITY'S ENVIRONMENTAL IMPACT STATEMENT FOR LIGHT RAIL TRANSIT: Ms. Dacy stated she wanted to have two speakers here this evening, Mr. Steve Wilson from the Metropolitan Council and Mr. Scott Thompson from the Metropolitan Transit Commission, however, they were not able to attend the meeting. Ms. Dacy stated she wanted to point out that a number of the Commission members had concerns about the metropolitan area traffic shifting to interurban versus downtown orientation and that is true. She stated there is still enough employment activity downtown that there is still a significant amount of ridership activity. Ms. Dacy stated she took a tour of the 394 Corridor, with representatives of the Minnesota Department of Transportation, which will have three or four major park and ride sites. She stated of the two that are open, one is completely full every day and the other is not experiencing as much parking and ridership because routes of the bus system do not coordinate well with the 394 traffic. She stated this is very similar as to what would be happening in our area. Ms. Dacy stated the Commission has a letter from Mr. Wilson of the Metropolitan Council regarding transit ridership in Fridley. She stated the Metropolitan Council is indicating they have a very conservative estimate for the ridership in the Northeast Corridor. Ms. Dacy stated the Metropolitan Transit Commission conducted a route by route count on ridership which she briefly reviewed. She stated from the public's view, in general, they feel there is "no one on the bus" and, to a certain extent, that is not true. She stated there are high ridership counts. Ms. Dacy stated when the preliminary design plans for the light rail transit system are received this fall, recommendations will have to be made regarding the location of stations. Mr. Betzold stated it has to be assumed that light rail will be a reality at some future date and to figure out the problems, as it relates to Fridley, such as where stations should be located. Ms. Sherek stated in looking at the proposal for the various stations, it seemed the kiss and ride was not a good proposal for the intersection and University and Mississippi. She asked if there were studies on the impact of fewer, but larger station sites as opposed to one every few blocks. She stated there is a lot of land that needs to be developed at 57th Avenue and possibly it may be better to have a larger site than several small parking sites all along University Avenue. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 10 Ms. Dacy stated these are the type of recommendations the Planning Commission will have to make within the next several months. Ms. Dacy stated regional agencies and the Metropolitan Transit commission have adopted policy statements stating light rail transit is a viable form of transit. She stated they adopted a 20 year plan to have this Northeast Corridor and four or five other corridors in the metropolitan area. She stated if the City is not in favor of a light rail transit system, she felt there should be some alternative. Mr. Sielaff asked if the cost would have any bearing on whether light rail transit would become a reality. Ms. Dacy stated it would be the responsibility of the State to determine how light rail transit would be funded. She stated if there is no financing, there is the possibility it would not proceed. Ms. Sherek asked, as this point, what funding is being used for the Transit Authority to proceed. Ms. Dacy stated funding is coming from Anoka County's general budget. Mr. Sielaff asked if there would be a cost-effective analysis. Ms. Dacy stated the Regional Transit Board stated LRT is a cost- effective system versus an all bus system. However, she stated that staff is recommending the City adopt a recommendation to request a comparative study between LRT and an all bus system, specifically for the northeast corridor. Ms. Sherek stated she has not seen a comparison of the two systems and an analysis of the costs. She stated she knows some things are hard to project, but there is a tremendous cost and risk in creating this system. She stated to a certain extent, where transportation is located will also determine where development occurs. She stated development of a light rail transit system may well bring some new types of industry into the City. Mr. Betzold stated the State Legislature will, ultimately, look at those costs. Ms. Sherek felt these figures should be projected now and that they were "putting the cart before the horse. " Mr. Betzold felt it was necessary to go through this analysis, even though it is controversial and expensive, because if the decision is to proceed with the light rail transit, the plan has to be ready to be implemented. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 11 Mr. Sielaff stated the Environmental Quality and Energy Commission only addressed the environmental issues. He felt completion of construction plans before a full cost analysis was also pre-mature. Mr. Sielaff stated based on the Citizens' Survey that people would use their automobiles to access a park and ride, possibly more widely spaced, larger parking areas should be explored as opposed to numerous neighborhood sites. Ms. Sherek stated the City's point of view has been not to take any homes and one of the biggest issues that came out in the public hearings is that residential homes would have to be taken for some park and ride sites. Mr. Betzold stated if he had to make a decision today on station locations, he would not favor a station at Mississippi and University. He felt possibly they could be a larger park and ride at either 53rd and University or 57th and University. Ms. Dacy stated Mississippi and University is the City's downtown and she felt a station was necessary at this location. Ms. Sherek stated if adequate parking cannot be provided at this intersection for a park and ride, it would be difficult to recommend a station at this intersection. Ms. Modig felt if there were a lot of park and ride stations every few blocks along University, it would detract from the City. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council adoption of staff's six page comments and the Environmental Quality & Energy Commission's comments on the Environmental Impact Statement Draft for the Light Rail Transit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. REVIEW PROPOSED EXPANSION TO REDEVELOPMENT PROJECT AREA AND CREATION OF NEW TAX INCREMENT DISTRICT FOR CONSISTENCY WITH COMPREHENSIVE PLAN: Ms. Dacy stated the Housing and Redevelopment Authority is considering modifying the redevelopment project area to include the former Cub Foods site and Bob Schroer's property at the southwest and northwest corners of the Osborne Road and University Avenue intersection. She stated the HRA has directed staff to proceed with a public hearing to create another tax increment financing district and include these sites in the project area, with the understanding that if Mr. Schroer's project was not finalized, it could be deleted from the district before any penalties are incurred. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 12 Ms. Dacy stated that State law requires the Planning Commission to adopt a resolution stating that they have determined this redevelopment plan and creation of a tax increment financing district is consistent with the City's Comprehensive Plan. Mr. Sielaff asked who determines how many tax increment financing districts should be created. Ms. Dacy stated the City Council makes this determination. Mr. Sielaff asked if the City has any protection against bankruptcies. Ms. Dacy stated when the HRA assists a developer, they try to get some type of security on their investment. She stated if they assist through a second mortgage, that is a loan that is paid back, but there is not 100 percent assurance that all the funds would be repaid, except through the generation of taxes the district creates. She stated the HRA does take a certain amount of risk, but they try to minimize or secure the risk. Mr. Sielaff asked if the HRA is responsible to the bond holders. Ms. Dacy stated if assistance is through a bond they would be responsible, but that is not always the case for providing assistance. Mr. Betzold asked the criteria for including Mr. Schroer's property in this tax increment financing district and if it is something that could be done privately. Ms. Dacy stated the building is sub-standard and tenants are moving. She stated the consultant, Mr. Casserly, felt this meets the test for City involvement. She stated if the Cub Foods site did not exist, she felt Mr. Schroer's property would have qualified for a 15 year district, but with the Cub Foods site included, this constituted a 25 year district. She stated to include both sites maximizes the City's options. Mr. Sielaff asked if tax increment financing can be used only in certain zoning districts to which Ms. Dacy answered in the negative. Ms. Sherek stated the Commission has reviewed several plans for the old Cub Foods site and in order to make it economically feasible, a developer has to over-build on the site. Mr. Betzold stated he has not had as much information on Mr. Schroer's property as he would have liked. PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 13 MOTION by Mr. Sielaff, seconded by Ms. Sherek, to adopt the following resolution: RESOLUTION OF THE FRIDLEY PLANNING COMMISSION FINDING THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 6, 1991: MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the May 6, 1991, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE SPECIAL HUMAN RESOURCES COMMISSION MEETING OF MAY 16, 1991: MOTION by Ms. Sherek, seconded by Mr. Sielaff, to receive the May 16, 1991, Special Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF MAY 21, 1991: MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the May 21, 1991, Environmental Quality and Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 28, 1991: MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the May 28, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. OTHER BUSINESS: SEARS OUTLET PROPERTY: Ms. Sherek questioned the uses on the Sears Outlet property in reference to the number of tent sales and trailers parked on the PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 14 site. She stated there are seven trailers on the site and only three are allowed. Ms. Dacy stated she has spoken with Mr. Bushey and advised him he had to comply with the special use permit and that continued use of tent sales is against the ordinance. She stated it has been the City Council's policy to limit outdoor sales to one per year. She stated she advised Mr. Bushey to submit a letter on specific requests so that these may be submitted to the City Council as this is an on-going problem. ADJOURNMENT: MOTION by Ms. Sherek, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried unanimously and the June 19, 1991, Planning Commission meeting adjourned at 9:44 p.m. Respectfully submitted, Carole Haddad d•.d. Recording Secretary 1117J STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : June 26, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn ammommommosilimimiiiimmmilmsimilmoimummom REQUEST PERMIT NUMBER SAV #91-03 APPLICANT Bill Pickering PROPOSED REQUEST To vacate the south 20 feet of a drainage and utility easement. LOCATION Lot 11, Block 2, Innsbruck North; 1467 Innsbruck Drive N.E. SITE DATA SIZE 15,730 square feet DENSITY PRESENT ZONING R-1, Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the north, south, east, & ZONING and west UT IL ES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV #91-03 Bill Pickering 1 I es I /J Zf/7 37 34 73;1L 37�n8;i39 4.o 4/ 41 / 11 3 ,I. S 8 ow - ^'' t'` _ j 4ATHAW(�Y LAN . 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I 4111 �rREo4 3?-0 �t _ ...�, 34 C 26 43 LOCATION MAP Staff Report SAV #91-03, Bill Pickering Page 2 Request The vacation request is to vacate the south 20 feet of a 40 foot drainage and utility easement on Lot 11, Block 2, Innsbruck North, the same being 1467 Innsbruck Drive N.E. Site Located on the property is a single family dwelling with an attached two car garage. In the back yard, an in-ground pool encroaches into the drainage easement by 10 feet. The property is zoned R-1, Single Family Dwelling, as are the adjacent properties. Analysis The drainage and utility easement was dedicated on the Innsbruck North plat. The contractor originally proposed to locate the pool out of the 40 foot drainage easement (see attached survey) ; however, the pool was constructed encroaching into the easement by 10 feet. The encroachment was discovered when an asbuilt survey was completed at the time the house was sold. The subject parcel is located at an elevation higher than the surrounding properties, resulting in water draining off the subject parcel into lower areas, to collect in a wetland/pond area west of the parcel. The petitioner is requesting that 20 feet of the drainage and utility easement be vacated. In reviewing the request, the Engineering Department indicated that it would be better to vacate as little of the easement as possible (15 feet) to ensure adequate work room within the easement area, should the Engineering Department need to perform any work within the drainage area. Vacating the portion where the pool is located would have a minimal impact on the storage capacity of the drainage area, and as it is at a higher elevation, would have little impact on the flow of water within the drainage area. Recommendation Staff recommends that the Planning Commission recommend to the City Council approval of the vacation, to vacate the south 15 feet of the drainage easement. The smaller portion is based on the Engineering Department's recommendation. SAV #91-03 . Bill Pickering • 11;• t (it I ils Plat Drawing Is not Intended to be used as a survey and should not be railed upon as such. The lot r )ns are taken from the recorded plat or the county records and are assumed to be correct. The locatior provements shown on this drawing are approximate and are based upon a visual Inspection of the prer licensed surveyor should be contacted If an accurate survey Is desired. This plat drawing does not cor lability of the company and is Intended for use by the company only. $L t. / :3v - N t.l Et- 451 . r • 7''‘..- fr • Ak �/0 G t ki iv; (r) zit i a NA'4..c.,_ /.. k „I- 404 - n : l r' ,,,N 4k ,� 9S?.3 #40 EL et5-7,. ►l .k►i 7 / aa, Cr S ,/- e•r • � '� J �EL ` ‘3%. :t / 0 :/e.... . {. 40. • I • " y it 'c ;di2�,. AY I. ' �A,�iE tog N I ill :4•06 . t / • 4 9`11 4-1 • ..4:r 4 • ,•, , G \ ` 14.9� i `� . 4'44+tsk : •/0 - �` iIL h >'a �� i tit: ; ir• '3.• 1-. `14.S.4 SITE PLAN . SAV #91-03 Bill Pickering • 11r_ _.._-..--.._ ..._. . ..„..;.k . I..c. . • • • vr.,,,, .• •,,,,c,„ . . •, .. - '��j ....„,.... 4. 41 . tO . • ,..:I .4l t M.' I• t • / :,') �' i`� f i -om �� �J 47'..i� N t . .N N� .- I' - I • ‘,"! ,iti tr4 .; ,l . Si. q , •Et:::,:.•. . 0 , ii pi; 'i I • c ki ,z 1 F j� • A� sot ? J .a t i ^ \� NLJI , II - -----,...-7-:"1 ( • �• /\\ 'k 4 `t1 f��1 �LZtst � � / � r -1� x l 4 •,i, • ..., • i./ . w 1 � � 6 Ala ti . ,t 44 \ (F I ,•••N. 1 , 6f_r �w 4. / 1 Y... I r S t' t I I j °j ` 1C o J7 i � w � i I 1 .,,, •.t e 1 it, .r �. t: j, in ge i I w 1 I r r 1 1 __ A% ' o•LZ H S.t -�i O1 L------ f> 'Sf.1 ' a oV elf jSl 1 SITE PLAN SAV #91-03 • Bill Pickering RAYMGND A. PRASCH GERALD T. COYNE LOT SURVEYS COMPANY 6917 IDAHO AVE. N. 300 BRUNSWICK AVE. S. GOLDEN VALLEY, MINN. BROOKLYN PARK. MINN. MINN. REG. NO. 4741 LAND SURVEYORS MINN. REG. NO. 6743 REGISTERED UNDER LAWS OF STATE OF MINNESOTA LICENSED BY ORDINANCE OF CITY OF MINNEAPOLIS INVOICE NO. 1,il 68 _ 5747 W. Broadway 533-9922 F. B. NO. 14 1 —77 _ INDUSTRIAL — JUDICIAL Minneapolis. Minnesota 55428 SCALE I" = S V COMMERCIAL — TOPOGRAPHICAL CITY LOTS — PLATTING 'urUPlJurs (gPrtifiratr O - DENOTES IRON ii INEN HOMES s • i,... , ,..,,,,,,,t .__,,,,,... /0 t)q iii / . / // {' �~ j R-` - -> / �� �gk. G kg /1.16, --..,... . \ \, -! V � +c �,-. f ( :i U. 'N., \V I-. i r` \ • .19.80 Pool permit drawing i,O t 11 , --ri - ;-. T T- "- A',PT -'., • r �r ti We hereby certify that this is a true and correct representation / of a survey of the boundaries of the above described land and / the location of all buildings and visible encroachments, if any, / / - ,, from or on said land. / ( A N l: 'e- Signed __`_fir ,e' �, r fr I. Surveyed by us this /`.•;day of :]E'j)C.e:T;),,.- 19 " LOP SURVEYS COMPANY CrrY CF FRIDLEY 6431 LAITY AVENUE N.E. FRIDIEY, MN 55432 oommmity Development Department r v*(612) 571-3450 VACATION APPLICATION FORM PROPERTY INFORMATION - site plan required for submittals; see attached Address: 1467 Innsbruck Drive North. Fridley. MN Legal description: Innsbruck North Lot: 11, Block 2 Lot 11 Block 2 Tract/Addition Legal description of easement to be vacated: ' Easements for drainage & utility purposes, over the Northerly 40 feet, Westerly; Southerly}& Easterly 10 feet as shown on the recorded plat. Current zoning: R-1 Square footage/acreage . Reason for vacation: 10 feet of swimming pool located in easement needs vacation to obtain Title Insurance (Pool is 10 feet higher than holding pond&all utilities ceiFEB aWi�it _� are located in street in front of home. ) Please vacate the southerly 20 ft of the northerly 40 ft of easemen (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Mearl & Barbara A. Crosser ADDRESS 1467 Innsbruck Drive North Fridley. MN DAYTIME PHONE 537-2688 �� /D . SIGNATURE /�/i=�-Ct�x- Sa• (�/Zd•R/J.PlL, DATE 5/15/91 imnaTIONER INFORMATION NAME William A. Pickering ADDS 2407 Mounds Avenue New Brighton, MN 55112 DAYTIME PHONE 574-2000 ext 230 SIGNATURE (k),41/.«�w-- - DATE S - F Fee: $150.00 Permit SAV # t•'0- Recepit # 90 a Application received by: Scheduled Planning Commission date: L9 17ke I t I Scheduled City Council date: S�� _ , „ ?u , . 'LYE... CITY OF FRI DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 June 7, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a vacation, SAV #91-03, by William Pickering, to vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 North Innsbruck Drive N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, June 26, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Planning 6/7/91 SAV i91-03 MAILING LIST Council William Pickering William Pickering Orlin Wicks Planning Comm. Chair 2407 Mounds Avenue 1495 North Innsbruck Drive N.E. New Brighton, MN 55112 Fridley, MN 55432 City Council Members Mearl and Barbara Crosser William Mackey Current Resident 1467 North Innsbruck Drive N.E. 5660 Arthur Street N.E. 1452 N. Innsbruck Dr. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Surendra Chaudhary Terry Reyes 5640 North Danube Road N.E. 1479 North Danube Road N.E. Fridley, MN 55432 Fridley, MN 55432 Teresa Koller James Johnson 1498 North Danube Road N.E. 5657 North Danube Road N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Swanson Myron Swenson 1480 North Danube Road N.E. 1496 North Innsbruck Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Lowell Mellum Burton Johnson 1464 North Danube Road N.E. 1482 North Innsbruck Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Keith Harstad Jeffrey Drake 2121 Silver Lake Road 1468 North Innsbruck Drive N.E. New Brighton, MN 55112 Fridley, MN 55432 Donald Peters David Rogosheske 1438 North Danube Road N.E. 1454 North Innsbruck Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Paul Nelson James McFarland 1425 North Innsbruck Drive N.E. 1440 North Innsbruck Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Michael McDonough Fred Ross 1439 North Innsbruck Drive N.E. 1426 North Innsbruck Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Rasheed Kahn Donald Johnson 1455 North Innsbruck Drive N.E. 5595 West Danube Road N.E. Fridley, MN 55432 Fridley, MN 55432 Marlin Rekow Yoo Chi 1467 North Innsbruck Drive N.E. 5605 West Danube Road N.E. Fridley, MN 55432 Fridley, MN 55432 Ronald Rumpsa Edward Smith 1481 North Innsbruck Drive N.E. 5584 East Danube Road N.E. 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