Loading...
1970 PC Meeting MinutesJANUARY 12, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. A clerk called the roll and the following were present: Juday, Peters, Nystrom, Bergman, Johnson, McLaughlin, Neubarth, Elsen, Pahos, Rygg and Roleff; the following were absent: Andersen, Plasencia, Schilling and Smith; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Johnson and seconded by Commissioner Bergman to approve minutes of the December 8, 1969 meeting. Motion carried. 1. Don Richmond of Northern States Lighting regarding a building permit for additions and remodeling the existing 1, story frame dwelling at 3333 Vera Cruz Avenue North for offices and sales. Moved by Commissioner Neubarth and seconded by Commissioner Juday to approve building permit #18427 for additions and remodeling to existing dwelling at 3333 Vera Cruz Ave., Wz Of the SZ and the NZ of Lot 3, Block 6, Rosedale Acres, for offices and sales, subject to standard procedure. Motion carried. 2. Bob Alm of North Star Center, Inc., ,regarding replatting of Tracts A & B, Registered Land Survey No. 860, southeast corner of Highway 100 and 36th Avenue, Moved by Commissioner Johnson and seconded by Commissioner Rygg to grant tentative approval to the proposed North Star Addition, including all of Tracts A & B, Registered Land Survey No. 860, for North Star Center, Inc., subject tc standard procedure. Motion carried. 3. It being 8:00 P.M.., Chairman Elsen declared this was the time and the place fQr a Public Hearing to further consider the application of Viewcon, Inc. tc rezone from; R--1 District (one fa dly dwelling) to R-4 District (general multiple dwelling), Parcel 1200, Section 4, Township 118, Range 21. Persons present in favor of rezoning: Jerry Hal.rnrast of V ewcon, Inc. and Darrel A. Parr of Twin Lake North. No one appeared opposing the rezoning. Moved by Commissioner Bergman and seconded by Commissioner Peters to approve the application for rezoning from R-1 District (one family dwelling) to R-4 District (general multiple dwelling) and legally described as follows. That part of the NEh, sof the SEh, of the NE%, Section 4, Township 118, Range 21, described as beginning at the. NE corner of Said M4 of the SEk of the NE 4; thence; West along the North lime of said NEa of the SES of the NE to a point 492.5 ft. nest from the NW corner of the Sth 120 JANUARY 12, 1970 (continued) of the NE of said Section 4 which paint is maxked by a Judicial Landmark set pursuant to Torens Case No. 1746; thence South 7 degrees 26 minutes East a distance of 58 ft., which point is marked by a Judicial Land- mark set pursuant to Torrens Case No. 1746; thence South 18 degrees 25 minutes East a distance of 311 ft., which point is marked by a audicia.l Landmark set pursuant to Torrens Case No. 1746; thence South 19 degrees 17 minutes East a distance of 1.73 ft., which point is marked by a Judicial Landmark set pursuant to Torrens Case No. 1746; thence So-ath 33 degrees 23 minutes East to the South lane of said NEk of the SE's of the NE ; thence East along said South line to the SE corner of said NEh of the SE'k of the NE k; thence North to the point of beginning Parcel 1200, Section 4. Motion carried. 4. John S. Voss of Urban Planning and Design, Inc., regarding replatting the Wz of Lot 18, Block 2, Gardendale Acres, 3442 Georgia Avenue North. Moved by Commissioner Nystrom and seconded by Commissioner Roleff to table for further study the proposed Wilson's Addition, the W2 of Lot 18, Block 2, Gardendale Acres, excepting road, to allow the proponent to obtain utility easements. Motion carried.. 5. Eidem & Walters Construction, Inc., regarding building per- mits #18431-32-33 for store front remodeling at Dana;s, Towne Beauty & Gift Shop and The Villa in the Crystal Shopping Center. Moved by commissioner Juday and seconded by Commissioner McLaughlin to approve building permit #18431-32-33 for store front remodeling at Dana's, Towne Beauty & Gift Shop and The Villa in the Crystal Shopping Center, to Eidem & Walters Con- struction Inc., subject to standard procedure. Motion carried. 6. Citi' council referred back to the Planning Commission for further consideraLion vacating a portion of the street right-of-way at 60th & Hampshire Avenue North. Moved by Bergman meeting Commissioner Juday and seconded by Commissioner to leave the denial stand, as per Planning Commission of November 24, 1969. Motion carried. JANUARY 12, 1970 (continued) Chairman Elsen declared that nominations tgere open for officers to the Planning Colnmission for the next teem. Commissioner Roleff nominated last year's slate of officers for another term - Elsen, Chairman.; Peters, Vice -Chairman; Neuharth, Secretax-y. Chairman Essen asked for any further nominations three times Moved by COmMissioner Nystrom and seconded by Commissioner D@Vgm.an that nominatibn!� be closed. Moved by Commissioner Roleff and seconded by Commissioner Juday that existing officers as nominated be elected for annual term ending December 31, 1970 - Elsen, Chairman; Peters, Vice - Chairman; Neubarth, Secretary. Motion carried. The Planning Commission members were given copies of the proposed Zoning Ordinance changes as redrafted and were asked to look it over and discuss it at the January 26th meeting. Moved by Commissioner McLaughlin and seconded by Commissioner Juday to adjourn. Charman Een Secretar Neubarth i 1.22, FEBRUARY 9, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Anderson, Juday, Roleff, John- son, Rygg, Bergman, Peters, Elsen and Neubarth; the following were absent: Schilling, Nystrom, Smith, Pahos, Plasencia and McLaughlin; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Peters and seconded by Commissioner Berg- man to approve minutes of the January 12, 1970 meeting. Motion carried. I. John Voss of Urban Planning and Design, Inc. appeared regard- ing replatting the West 1/2 of Lot 18, Block 2, Gardendale Acres, which was tabled on January 12, 1970 to allow the pro- ponent to obtain utility easements. He has informed us that he has talked to James Kirk, owner of the adjacent property, and that at this time he is against deeding utility and drain- age easements on his property. Moved by Colamissioner Berginan and seconded by Commissioner Raleff to table until February 23, 1970 tentative approval of the proposed Earl Wilson's Addition seg that Northern States Power Co. can be contacted to see if they will laok at the property and get their recommendations regarding an easement for a power line at 3443 Florida Avenue. Motion carried. 2. Jerry Halmrast of Viewcon, Inc. appeared regarding the pro- posed plat to be known as Twin Lake North 2nd Addition, which is a plat of the property that was recently rezoned to multiple dwelling at approximately 59th and Orchard Avenue North. Moved by Commissioner Roleff and seconded by Commissioner Bergman to table until February 23, 1970 tentative approval of the proposed Twin Lake North 2nd Addition in order to get an opinion from the City Attorney as to what liability the City would have, if any, regarding furnishing access to this piece of property if the property was sold, and what pre- cautions should be taken by the City. Motion carried. 3. Thomas P. LeRoux of Brookpark Realty appeared regarding replat- ting into proposed Gardendale Acres 2nd Addition the south 95' of Lot 20, Block 1, Gardendale Acres. Moved by Commissioner Johnson and seconded by Commissioner Juday to deny the application for replatting the proposed Gardendale Acres 2nd Addition because they feel Edgewood Avenue should be developed so that the properties between Douglas Drive and Florida Avenue from 34th to 36th Avenue could be developed. Motion carried. FEBRUARY 9, 1970 (continued) There was much discussion regarding changes to the proposed zoning ordinance as redrafted. Commissioner Roleff suggested that a com- mittee review it with Mr. Sherburne and Mr. Schmock and continue the discussion at the next Planning Commission meeting. Moved by Commissioner Juday ani' seconded by Commissioner Roleff to adjourn. Chairman El n Secretary Neubarth Ir. 1,24, FEBRUARY 23, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M., with the following members present: Nystrom, Roleff, Pahos, Rygg, Bergman, Peters, Elsen and Neubarth; the following were absent: Anderson, Schilling, Juday, Johnson, Smith, Plasencia and McLaughlin; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Peters and seconded by Commissioner Berg- man to approve minutes of the February 9, 1970 meeting. Motion carried. 1. Jerry Halmrast of Viewcon, Inc., regarding the proposed plat of Twin Lake North, tabled February 9, 1970, in regard to access to the property, and requesting an opinion from the City Attorney as to the liability of the City in approving a plat not abutting on a public road. Dabe J. Shama, City Attorney, stated that in the absence of any fraud there would be no liability on the part of the City for failure to lay out and open up a street to give them access to this property. Mr. Shama suggested that if the plat- ting is approved, that at the time of platting it be put in the legend of the plat that no street is requested of the City and that the developer agrees there will not be any request to the City for lay out of a street. It will then be a matter of record and any future purchaser would be aware of the con- tents of the plat. Moved by Commissioner Peters Neubarth to grant tentative North 2nd Addition, subject a statement be contained in that no street is requested this property. and seconded by Commissioner approval to proposed Twin Lake to standard procedure, and that the plat itself when recorded of the City to provide access to Motion carried. 2. Mr. Hugelen of Urban Planning and Design, Inc., appeared re- garding replatting the West 1/2 of Lot 18, Block 2, Gardendale Acres, tabled February 9, 1970, so that Northern States Power Co. could be contacted for recommendations regarding an ease- ment for a power line at the rear of the property. Mr. Sherburne informed the Commission that he had contacted Northern States Power Co. and they had found that with a 5 ft. wide easement from the Kirk property and a similar 5 ft. wide easement from the Wilson property, proper power service could be provided along the rear of the properties and would not interfere with any of the existing trees. Mr. Sherburne sent a letter to James Kirk on February 16th to try to get his cooperation regarding an easement. Mr. Kirk informed Mr. Sherburne that he would give Northern States Power Co. an easement, but not the City. 125 February 23, 1970 (continued) Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to table for further study the proposed Earl Wilson's Addition until it is ascertained that Northern States Power Co. has acquired an easement for utility poles. Motion carried. 3. 'Bruce R. S. Johnson appeared regarding the application of Edith L. Nelson to rezone from R-1 District (one family dwell- ing) to C-1 District (commercial) that part of the Sr -,h of the SW4 lying north of road, Section 4, Township 118, Flange 21 (northwest corner of Vera Cruz & Bass Labe Road). Reason for the request is for the sale of the property and the development for ,commercial purposes and rezoning to the type of zoning 4.xisting prior to passage of the current tonin, ordinance amendment. Mr. Johnson stated that if this parcel could be zoned com- mercial, the buyer would combine it with the parcel to the north of it (Parcel 4210), and erect a building on it. Moved by Commissioner Rygg and seconded by Commissioner Berg- man to table for further study the application for rezoning from R-1 District (one family dwelling) to C-1 District (com- mercial) that part of the SE4 of the SW4 lying north of road, Section 4, 'township 118, Range 21, until more definite plans are presented. Motion carried. Mr. Schmock informed the Commission that he has received a Public Hearing notice from New Hope for rezoning that part of Lot 36, Auditor's Subdivision No. 226, NE corner of Bass Lake Road and Winnetka Avenue from existing Limited Business (LB) to either General or Retail Business as determined by the hearing. It was suggested that the people who live on Sumter Avenue who might be affected by the rezoning receive a notice of the hearing so they would be aware of the meeting. Chairman Elsen and Commissioner Roleff stated that they plan to attend the hearing which will be at 8:00 P.M., March 3, 1970, at the New Hope Village Hall, 4401 Xylon Avenue. Moved by Commissioner Bergman and seconded by Commissioner Peters to adjourn. Chairman f' Elsen Secretary Neubarth T2s MARCH 7, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, McLaughlin, Neuharth, Nystrom, Pahos, Peters, Pla.sencia, Roleff, Rygg and Schilling; the following were absent; Johnson, Anderson, Juday and Smith; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to approve the minutes of the February 23, 1970 meeting. Motion carried. 1. Earl Wilson appeared regarding tentative approval of Wilson's Addition, tabled February 23, 1970 to give Northern States Power time to obtain an easement on the Kirk property at 3443 Florida Avenue. Northern States Power now informs us that they have an easement over the rear 5 ft. of Kirk's property. Moved by Commissioner Neubarth and seconded by Commissioner Peters to grant tentative approval to Wilson's Addition, the West 1/2 of Lot 18, Block 2, Gardendale Acres, subject to standard procedure. Motion carried. 2. Carl Egli of Timesavers, Inc., appeared regarding a building permit to remodel existing area into offices at 5270 Hanson Court. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to approve Building Permit No. 18482 to remodel exist- ing area into offices for Timesavers, Inc. at 5270 Hanson Court, subject to standard procedure. Motion carried. 3. Dick Kauffmann of Village Builders, Inc. appeared regarding Lou -Ann Apartments at 36th Avenue & Louisiana Avenue, and has submitted revised plans for a 70 -unit apartment building which will require a variance for the number of allowable apartment units. Moved by Commissioner Peters and seconded by Commissioner Rygg that pursuant to Section 42.21 of Chapter 42, Zoning Regulations of the City Code, to grant an adjustment to Section 42.17 (d) to approve a 70 -unit apartment building on Lot 1, Block 1, Lou -Ann Addition, and further to approve a building permit for same, subject to standard procedure. Motion carried. 4. William Nicklow of Crystal Best Steak House appeared regarding a building permit to remodel existing building at 6613 56th Avenue North (formerly King Chicken). Moved by Commissioner Roleff and seconded by Commissioner Plasencia to approve building permit No. 18473 to Andrew Martinson for Crystal Best Steak House to remodel existing building at 6613 56th Avenue North, subject to standard procedure. Motion carried. r March 7, 1970 (continued) 5. Bruce R. S. Johnson regarding application of Edith L. Nelsen to rezone from R-1 District (one family dwelling) to C-1 District (commercial district) that part of the SE4 of the SA lying north of road, except street, Parcel 2400, Section 4, Township 118, Range 21 (NW corner of Vera Cruz & Bass Lake Road), which was tabled February 23, 1970 until more definite plans were presented. James M. Riley, Attorney, appeared with his clients Gerald Batkiewicz and Jim 0. Radzik and they discussed their plans for a laundromat on this property and the H and Y Construction Co. Property adjacent to the north and ;legally described as the South 1201 of the East 184' Of the IE4 of the SWh, except street, of Section 4, Township 118, Range 21., which is zoned C-1 District (commercial district) +sxcept a triangle piece in the Northeast corner of said description. The building is to be a 50x401 Colonial type structure, with 20 washing machine units and 10 dryers, to be open during the hours from 7:00 A.M. to 10:30 P.M., and will have an attendant on duty during the hours it is open. Discussion was held in regard to parking, green areas, street openings, location of building, traffic generation, whether it will be detrimental to residential interests, and rezoning of the balance of the H and Y Construction Co. property. Moved by Commissioner Pahos and seconded by Commissioner McLaughlin to hold a .Public Hearing on ,April 13, 1970 at 8:00 P.M., at 4141 Douglas Drive to further consider the zoning application of Edith L. Nelson to rezone from R-1 District (one family dwelling) to C-1 District (commercial district) that part of the SE4 of the SW4 lying north of road, es.:cf-Tt street, Parcel 2400, Section 4, Township 118, Range 21, and also the H and Y Construction Co. property, being the South 120' of the East 180' of the NE4 of the SW4, except street, Parcel 4210, Section 4, Township 118, Mange 21. Motion carried. 6. COMMITTEE REPORT ON RECOMMENDED CHANGES TO THE PROPOSED ORDINANCE CHANGES AS REDRAFTED. Commissioner Roleff stated that the Committee has gone as far as they can on the recommended changes to the zoning ordinance and that they be put into final form by the City staff for presenta- tion to the Council. Moved by Commissioner Roleff and seconded by Commissioner Peters to have the City staff look over the recommended changes to the zoning ordinance and put into final form for presentation to the Council. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Bergman L --o adjourn. Motion carried. Secretary 1 ubarth Chairman lsen l28 MARC1i 23, 1970 The regular meeting of the Planning Commission convened at 7.:30 p.m. with the following members present: Bergman, Neubarth, Elsen, Nystrom, Schilling and Roleff; Juday arrived at 7:45 p.m.; the following were absent: Anderson., Johnson, McLaughlin, Pahos, Peters, Plasencia, Rygg and Smith; also present were planning con- sultants Schmock and Sherburne. Moved by Commissioner Roleff and seconded by Commissioner Bergman to approve the minutes of the March 9, 1970 meeting. Motion carried. 1. Replatting of.Lot-28, Auditor's Sub- division No. 226 (immediately north of Jackie Anne's Beauty Shop on West Broadway). Moved by Commissioner Neubarth and seconded by Commissioner Berg -man to grant tentative approval of proposed SALSBERG Addition, subject to dedication of 7' right of way on West Broadway as requested by Hennepin County, and further sub- ject to standard procedure. Motion carried. 2. Roland Erickson of General Mills and Ted Youch of Bureau Realty Co. appeared regarding replatting of part of Lots 18 & 26, and all of Lot 19, Auditor's Subdivision No. 226 (Kroger property), frontage on West Broadway - 57th & 56th Ave. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to grant tentative approval of proposed GENERAL MILLS Addition, subject to dedication of a minimum 7' right of way on West Broadway and Bass Lake Road as requested by Hennepin County, and further subject to standard procedure. Commissioncr Juday abstained from voting because he is employed by General Mills. Motion carried. 3. Roland Erickson of General Mills appeared regarding a building permit to build a Betty Crocker Pie Shoppe & Ice Cream Parlour on proposed corner lot of 56th Avenue (Bass Lake Road) and Jersey Avenue. The building will have a coffee shop which will seat 92 people and have a bakery which will bake pies for sale on the premise and also for their smaller satellite stores. Moved by Commissioner Bergman and seconded by Commissioner Roleff to approve a building permit to General Mills, Inc. for a Betty Crocker Pie Shoppe & Ice Cream Parlour on proposed corner lot at 56th Avenue North and Jersey Avenue, subject to standard procedure. Commissioner Juday abstained from voting because he is employed by General Mills. Motion carried. 129 March 23, 1970 (continued) 4Perry Copeland, attorney representing Becon Corporation, appeared regarding zoning application to rezone from R-4 Dis- trict (general multiple dwelling district) to C-1 District (co=ercial district) Lots 1,2,3, & 4, Block 1, Lynn Gardens, and rezone from R-1 District (one family dwelling) to C-1 District (commercial district) the westerly 5' of Lots 5,6,7 & 8, Block 1, Lynn Gardens. Owner of this property is Becon Cor- poration except Lot 8 - owne-r Joe Pazandak. This property is located on the 3E corner of 30th Ave. & Winnetka Ave.. N. Mr. Copeland stated they wish to realign the rear of the front lots to include five more feet to conform to the adjoining lots to the south; the telephone pales are now located on the pro- posed new line, and it is their intent to build a gasoline service station on this property if it is rezoned commercial, They are requesting this change in zoning because they feel a small apartment complex on this property would not be able to compete with the large BTA complex to the north of it. There was much discussion whether this property could be used ad- vantageously with a small apartment complex on it, soil condi- tions in this area, traffic on Winnetka and the proximity of gasoline service stations in the vicinity. Moved by Commissioner Roleff and seconded by Commissioner Neubarth to deny the rezoning request because Winnetka Ave. is already carrying considerable traffic, poor soil condi- tions is no criteria for rezoning, the present zoning is i. conformance with the zoning in the area, and that spot zoning is not good planning for the community. Motion carried. 5. .Dennis Andersen, representative of L,indal cedar Homes and Boyne Falls Log Homes, from Cedar Log Homes of MinneSOta, Inc. appeared regarding building permits for erection of 4 of these buildings; one to be used as an office, at 6048 Lakeland. Avenue North. This property which is in metes and bounds in Section 5, Town- ship 11.80 Range 21, lies between Florida ,Avenue and Lakeland Avenue (U.S.Trunk Highway 52), and is zoned commercial except a triangular piece on Florida Ave. which would be platted into a record plat. Moved by Commissioner Neubarth and seconded by Commissioner Juday to approve building permits for office use and display homes at 6048 Lakeland Avenue North, subject to standard pro- cedure. Motion carried. 13W March 23, 1970 (continued) 6, Andrew Tschudy regarding replatting of part of Lot 31, Auditor's Subdivision No. 226, 5755 West Broadway. Moved by Commissioner Juday and seconded by Commissioner Nystrom to grant tentative approval to proposed TSCHUDY Addition, subject to standard procedure and County re- quirements. Motion carried. Moved by Commissioner Roleff and seconded by Commissioner Juday to adjourn. /�7 'K�� L Secretary Neubarth Chairma Elsen APRIL 13, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. with the follcwiny members present: BergPian, Elsen, Juday, Neubarth, Nystrom, Pahos, Rol8ff, Rygg and Schilling; the following were absent: Anderson, Johnson, McLa-Qghlin, Peters, Plasencia and. Smithy also present was planning consultant Schmock. Moved by Commissioner Roleff and seconded by Commissioner Nystrom to approve minutes of the March 23, 1970 meeting. Motion carried. 1. Replatting of Lots 4 & 5, Block 2, Ridgedale Addition, 3133-3141 Kentucky Avenue North, row -Bel Construction Corporation. Reason for replatting is partial construction of a dwelling too close to the lot line. Moved by Commissioner Neubarth and seconded by Commissioner Berg- man to grant tentative approval of proposed RIDGEDALE 2ND ADDITION, subject to standard procedure. Motion carried. 2. F. Francis Schuck, architect, Constructive Design Inc., appeared regarding Application #70-6 for a variance for Thriftway Super Market on that part of Lot 28, Auditor's Subdivision No. 226, lying between Kentucky Avenue and West Broadway (Lot 1, Block 1, proposed SALSBERG ADDITION) to allow parking for 94 cars in lieu of 101 cars and to set building 35' from Kentucky Avenue property line. This will allow more circulation space in receiving area. Moved by Commissioner Bergman and seconded by Commissioner Juday that pursuant to Section 42.21 of Chapter 42, Zoning Regulations of the City Code, to grant an adjustment to Section 42.13 (f-20) to allow 94 parking spaces in lieu of 101, with the building set back from Kentucky Avenue property line 35' to allow more desir- able circulation of traffic in the receiving area. MOTION CARRIED. 3. F. Francis Schuck, architect, Constructive design, Inc., appeared regarding a building permit to build a commercial building for Thriftway Super Market on that part of Lot 28, Auditor's Sub- division No. 226, lying between Kentucky Avenue and West Broadway, (Lot 1, Block 1, proposed SALSBERG ADDITION). Moved by Commissioner Rygg and seconded by Commissioner Roleff to approve a building permit for a commercial building on that part of Lot 28, Auditor's Subdivision No. 226, lying between Kentucky Avenue and West Broadway, (Lot 1, Block 1, proposed SALSBERG ADDITION), as per plot plan, for Thriftway Super Market, subject to standard procedure. Motion carried. 4. Charles Van Eeckhout representing Viewcon Inc., appeared re- garding .Applications 070-7 for a variance to density to permit a 72 unit apartment building in lieu of 68 units on 4.15 acres. 132 (April 13, 1970 continued) Negotiations are being made for acquisition of an adjacent parcel of .22 acres to the south from Hennepin County, and if acquired, the building would be within the required density. They are also requesting a variance to allow an acceptable alter- nate such as a compactor unit for garbage and refuse or garbage disposal in each unit with dumpster service in lieu of the re- quired incinerators. Moved by Commissioner Neubarth and seconded by Conmissioner Bergman that pursuant to Section 42.21, Chapter 42, Zoning Regu- lations of the City Code, to grant an adjustment to Section 42.17 (d) to allow a 72 unit apartment building in lieu of 68 units, and further to grant an exception to Section 42.17 (g) and allow an acceptable alternate such as a compactor unit for garbage and refuse or garbage disposal units and dumpster service in lieu of the required incinerators, on Lot 1, Block 1, proposed TWIN LAKE NORTH 2ND ADDITION. MOTION CARRIED. 5. Charles Van Eeckhout representing Viewcon Inc., regarding a building permit for a 72 unit apartment building on Lot 1, Block 1, proposed TWIN LAKE NORTH 2ND ADDITION, 59th and Orchard Ave. N. Moved by Commissioner Rygg and seconded by Commissioner Roleff to approve a building permit for a 72 unit apartment building on Lot 1, Block 1, proposed TWIN LAKE NORTH 2ND ADDITION, to Viewcon Inc., subject to standard procedure. MOTION CARRIED. 6. It being 8:00 P.M., Chairman Elsen declared this was the time and the place to further consider Application #70-1 to rezone from R-1 District (one family dwelling) to C-1 District (commercial district) and legally described as follows: That part of the SE4 of the SW4 lying north of road, except street, Parcel 2400, Section 4, Township 118, Range 21. And further to consider the rezoning of the balance of the legal description below that is not presently zoned C-1 District (com- mercial district) from R-1 District (one family dwelling) to C-1 District (commercial district) and legally described as follows: The South 120' of the East 180' of the NE4 of the SW4, except street, Parcel 4210, Section 4, Township 118, Range 21. Said legal descriptions are designated as NW corner of Vera Cruz and Bass Lake Road and 5609 Vera Cruz Avenue North. Persons in attendance in favor of rezoning: James Riley, attorney representing purchasers of the property in question; Bruce Johnson representing Edith Nelson; Jim Wodziak & Gerald Batkiewicz, pur- chasers of the property; Lester Brown, owner of adjacent property at 5600 56th Ave. Persons in attendance opposed to rezoning: Jack Kroger, 5600 Vera Cruz, who presented a petition with 36 signatures on it requesting that the zoning remain as it is; Mrs. C. E. Pearson, 5608 Vera Cruz; Dwayne Dallmann, 5619 Vera Cruz; C. M. Zitterow, 5626 Vera Cruz; V. 0. Phelps, 5649 Vera Cruz; E. Benesch, 5649 Welcome; Roy Schreiner, 5608 57th Ave.; and Carl Carlson, 5566 Unity Avenue. 1'3 3 (April 13, 1970 continued) There was much discussion regarding the original zoning in this area; whether the County would allow an entrance on Bass Lake Road; traffic on a residential street (Vera Cruz); whether teen- agers would use the laundromat as a hangout; and what the pro- perty could be used for as presently zoned. Mr. Riley showed drawings of the proposed laundromat. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to approve the zoning application to rezone from R-1 District (one family dwelling) to C-1 District (commercial district) and legally described as follows: That L3art of the SE of the SWh lying Horth of road, except street, Parcel. 2440, Section 4, Township 118, Range 21. And further to approve the rezoning of the balance of the legal description below that is not presently zoned C-1 District (com- mercial district) from R,-1 District (one family towelling) to C-1 District (commercial district) and legally described as follows: The South 120" of the Eaat 1801 of the NEh of the SWh, except street, Parcel 4210, Section 4, Township 118, Range 21. By roll call and eating aye: Bergman, Elsen, Juday, Nystrom, Roleff and Ryg'l; voting no: Schilling, pahos and Neubarth. MOTION CARRIED 6 TO 3. 7. Rochiey E. Cooler appeared regarding Application 70-4 requesting rezoning of Parcel 2620, Auditor's Subdivision No. 226, legally described as that part lying W of E 1501 of Lot 9, Auditor's Sub- division No. 226, from R-1 District (one family dwelling) to C-1 District (commercial district) for a proposed office building at 5700 West Broadway. Owner of property, Paul Engelke. Moved by Commissioner Rol.eff and seconded by Commissioner Juday to hold a Public Hearing can May 11, 1970 at B:00 P.M. at the Crystal Municipal, Building, 4141 Douglas Drive, to further con- sider the zoning application to rezone from R-1 District (ogle family dwelling) to C-1 district (commercial district) the pro- perty legally described as that wart lying W of E 150" of Lot , Auditor's Subdivision No. 226. MOTION CARRIED. G. Neal Bredesen representing Apco Oil Corporation and Michael E. ylka, owner, and William Soules, attorney, appeared regarding proposed SUNNYBROOK ACRES 3RD ADDITION, which is a replat of Lot. 10, Flock 2, Sunnybrook Acres 2nd Addition. The proposed rear lot line of the lots is offset approximately 3h' east of the rear lot lines in Crystal Terrace Addition to the north, and the pxoposed rear lot line of Lot 2 is also approximately 3 ' east of the present C-1 District (conrnercial district) zoning. Moved by Commissioner Juday and seconded by Commissioner Neubarth to grant tentative approval of proposed SUNNYBROOK ACRES 3RD ADDITION, subject to standard procedure, and further subject to moving the rear lot lines to conform with the commercial zoning and drainage and utility easements. MOTION CARRIED. 1 3 4' (April 13, 1970 continued) 9. Neal Bredesen representing Apco Oil Corporation and Michael E. Zylka, owner, and William Soules, attorney, appeared regarding a special use permit, Application #70-5, to construct a gasoline service station on the southerly 180' of the westerly 140' of Lot 10, Block 2, Sunnybrook Acres 2nd Addition, except street, (Lot 2, Block 1, proposed SUNNYBROOK ACRES 3RD ADDITION), NE corner of 32nd Avenue and Douglas Drive. This application also requests a special use permit over approximately 3�,' beyond the C-1 District (commercial district) zoning. Moved by Commissioner Juday and seconded by Commissioner Roleff to hold a Public Hearing to further consider the special use permit application for Apco Oil Corporation pn May 11, 1970 at 8.30 P.M., at the Crystal. Municipal Building, 4141 Douglas Drive, on the commercially zoned part of Lot 2, Block 1, proposed SUNNYBROOK ACRES 3RD ADDITION. MOTION CARRIED. i0. Tally -Ho Cafe regarding a building permit, for alterations and remodeling the exterior of the building at 5216 West Broadway, Lot 1, Block 1, Kenneth Nelson Addition. Moved by Commissioner Rygg and seconded by Commissioner Nystrom to approve a building permit for alterations and remodeling on the exterior of the building at 5216 West Broadway, Lot 1, Block 1, Kenneth Nelson Addition, to Tally -Ho Cafe, subject to standard procedure. MOTION CARRIED. Moved by Commissioner Bergman and seconded by Commissioner Roleff to adjourn. Secret dry Neubarth MOTION CARRIED. I ll �' Chaff an Elsen APRIL 27, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Johnson, Neu- barth, Rygg and Schilling; the following were absent: Anderson, Juday, McLaughlin, Nystrom, Pahos, Peters, Plasencia, Roleff and Smith; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Rygg and seconded by Commissioner Bergman to approve the minutes of the April 13, 1970 meeting. Motion carried. 1. Harold Broughton appeared regarding proposed JOSEPH SCHMITT ADDI- TION for Wilder Investment Co., which is a replat of the area lying North of 36th Avenue between Brunswick and Colorado Avenues. Moved by Commissioner Neubarth and seconded by Commissioner John- son to grant tentative approval of proposed JOSEPH SCHMITT ADDI- TI014 to Wilder Investment Co., and legally described as the East 3301 of the West 40 rads of the South 20 rods of the SWk of Section 16, Township 118, Range 21, subject to standard procedure, and further subject to including street easement on 36th Avenue from 6 ft. on Colorado Avenue and tapering to nothing at Brunswick .Avenue. Motion carried. 2. Ray Perry appeared regarding a building permit for an addition to the A. C. Carlson building at Bass Lake Road and Elmhurst Avenue for individual shops. Mr. Sherburne stated that he had been in contact with Hennepin County and they have not had time to evaluate the plot plan of the proposed building. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to table until tete May lith Planning Counission meeting building permit for an addition to existing building at 6230 56th Avenue North for individual shops to allow the County to study the plans and make their suggestions, and also that a better parking plan be submitted. Motion carried. 3. Merle Mattson of Table Drug Co. appeared regarding Application #70-8 to rGrone from R-1 District (one family dwellings) to C-3 District (professional office building district), Lot 13, Block 1, Muff .Addition, 3532 Orchard Avenue North.. There is an existing Medical Clinic building on this property. Mr. Mattson stated that he has been unable to rent the building under the present zoning. Moved by Commissioner Bergman and seconded by Commissioner Johnson to hold a Public Hearing May 25, 1970 at 8:00 P.M. at the Crystal Municipal Building, 4141 Douglas Drive, to further consider the zoning application of Merle Mattson to rezone as described above. Motion carried. Moved by Commissioner Bergman area seconded by Commissioner Neubarth to adjourn. Motion carried. Secretary Neubarth Chairman Elsen MAY 11, 1970 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Elsen, Johnson, Nystrom, Pahos, Peters, Plasencia, Roleff and Schilling; the following were absent: Anderson, Bergman, Juday, McLaughlin, Neubarth, Rygg and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Roleff and seconded by Commissioner Peters to approve minutes of the April 27, 1970 meeting. Motion carried. 1. Tentative approval of proposed WOOLSEY-LEE ADDITION, 6048 Lakeland Avenue, legally described as that part of the South 100 feet of the North 857.72 feet of the NE4 of NE4 lying West of the East 659.9 feet thereof and East of Highway of the NE4 of NE4, except road, Section 5, Township 118, Range 21, Hennepin County, Minne- sota. Moved by Commissioner Roleff and seconded by Commissioner Nystrom to grant tentative approval of proposed WOOLSEY-LEE ADDITION, subject to standard procedure. Motion carried. 2. Final approval of SALSBERG ADDITION, 5715 West Broadway, legally described as Lot 28, Auditor's Subdivision No. 226. Moved by Commissioner Nystrom and seconded by Commissioner Peters to grant final approval of SALSBERG ADDITION, subject to standard procedure. Motion carried. 3. Roland Erickson appeared regarding final approval of GENERAL MILLS CRYSTAL ADDITION located in the 6800 Block of 56th Ave. N. and the 5600 Block of West Broadway, legally described as the West 132.8' of the South 240.65' of Lot 18; the North 65' of Lot 18; all of Lot 19 except road; and that part of Lot 26 lying South of the North 131.8' thereof and East of the West line of Lot 19 extended Northerly except street - Auditor's Subdivision No. 226. Moved by Commissioner Peters and seconded by Commissioner Roleff to grant final approval of GENERAL MILLS CRYSTAL ADDITION, subject to standard procedure. Motion carried. 4. Final approval of RIDGEDALE 2ND ADDITION, 3133-41 Kentucky Avenue North, legally described as Lots 4 & 5, Block 2, Ridgedale Addition. Moved by Commissioner Roleff and seconded by Commissioner Peters to grant final approval of RIDGEDALE 2ND ADDITION, subject to standard procedure. Motion carried. 1 3 W 01AY 11, 1970 continued) 5. Final approval of EARL WILSON ADDITION, 3442 Georgia Avenue North, legally described as the West 1/2 of Lot 18, Block 2, Gardendale Acres Addition. Moved by Commissioner Johnson and seconded by Commissioner Peters to grant final approval of EARL WILSON ADDITION, subject to standard procedure. Motion carried. 6. It being 8:00 p.m., Chairman Elsen declared this was the time and the place to further consider Application #70-4 submitted by Rodney Gooler to rezone from R-1 District (one family dwelling) to C-1 District (commercial district) the property legally des- cribed as that part lying West of East 150 feet of Lot 9, Auditor's Subdivision No. 226, located at 5700 West Broadway. Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed rezoning. Rodney Gooler explained his plans for a three-story office building; the first story to be open and partially on columns, to provide additional parking spaces as required for the total square footage of the office building. Eighteen persons attended the hearing. Persons in attendance in favor of the rezoning: Rodney Gooler, applicant; Bud Manders, grandson of the owner of the property (Paul Engelke); and Joe Pazandak. Persons in attendance who voiced their opinions opposing the rezoning: Mrs. James Forstad, 6804 Cloverdale; Mr. & Mrs. A. R. Aland, 5720 West Broadway; Karen Schilling, 6725 Cloverdale; Donald Tomlinson, 6812 Cloverdale; and Neal Boucher 6701 Cloverdale. There was much discussion regarding the effect rezoning to commercial would have on the residential property in the area. Moved by Commissioner Schilling and seconded by Commissioner Johnson to deny the rezoning application as described above on the grounds that there is quite a bit of commercial property around not developed and this is too big a building to be com- patible with a residential area. Motion carried. 7. It being 8:30 p.m., Chairman Elsen declared this was the time and the place to further consider Application #70-5 submitted by Apco Oil Co. for a special use permit for a gasoline service station on the property legally described as the Southerly 180 feet of the Westerly 136.38 feet of Lot 10, Block 2, Sunnybrook Acres 2nd Addition, except street, located on the NE quadrant of 32nd Ave. N. and Douglas Drive. Chairman Elsen asked those present to voice their opinions or ask questions concerning the special use application. Ronald Nelson, representing Apco Oil, showed a drawing of the type of service station they are planning to build on the property. Those in attendance opposing the special use permit: Mike Halek, 3141 Douglas Drive; Robert Dahl, 3156 Florida Avenue. (May 11, 1970 continued) Commissioner Roleff stated that because aesthetics have to be considered and he is concerned about this area and the vacant land that can be developed as residential, and the tremendous amount of traffic on Douglas Drive and its potential of increase, he moved to deny the special use permit as described above. Said motion was seconded by Commissioner Pahos. Motion carried. S. Ray Perry regarding a building permit for an addition to the A. C. Carlson building at Bass Lake Road and Elmhurst Avenue for individual shops, tabled April 27, 1970 to allow the County to study the plans and make their suggestions and also that a better parking plan be submitted. Mr. Sherburne showed a lettere he had received from Hennepin County in which they expressed concern with the proposed expansion and stated they would close the access from CSAN 10 to the A. C. Carlson parking lot if the development is permitted. Moved by Commissioner Johnson and seconded by Commissioner Peters to table for further study building permit for an addition to the existing building at 6230 56th Avenue North in order to enable the applicant to work out access problems with the County. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Nystrom to adjourn. Chairman sen SecretzirNeubarth 13 8,. MAY 25, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, McLaughlin, Neu- barth, Nystrom, Peters, Roleff, Rygg and Plasencia who arrived at 7:36 p.m.; the following were absent: Anderson, Johnson, Juday, Pahos, Schilling and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Roleff to approve minutes of the May 11, 1970 meeting. Motion carried. 1. Final approval of JOSEPH SCHMITT ADDITION for Wilder Investment Company, 6106 36th Avenue North, legally described as the East 330 feet of the West 40 rods of the South 20 rods of the South- west 1/4 of Section 16, Township 118, Range 21. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to grant final approval of JOSEPH SCHMITT ADDITION, subject to standard procedure. Motion carried. 2. Ray Perry and his attorney, Byron McCullagh, appeared regarding a building permit for an addition to the A. C. Carlson building at Bass Lake Road and Elmhurst Avenue North for individual shops tabled April 27th & May llt-h in order to enable the applicant to work out access problems with Hennepin County. Mr. McCullagh has been in contact with Hennepin County but access problems have not been resolved and he questions whether in this instance the County can dictate the closing of the access. Commissioner Nystrom made a motion to table this matter until the applicant finds out what the County is going to do with the access which was not seconded. Inasmuch as this matter has been postponed twice by the Planning Commission, it was moved by Commissioner Roleff and seconded by Commissioner Peters to approve a building permit for an addition to the existing building at 6230 56th Avenue North for individual shops, subject to standard procedure, so it can be presented to the City Council who has more authority and legal advice so they can take action on it. 3. It being 8:00 P.M., Chairman Elsen declared this was the time and the place to further consider Application #70-8 for proposed rezoning from R-1 District (one family dwelling) to C-3 District (professional office building district), Lot 13, Block 1, Ruff Addition, 3532 Orchard Avenue North, submitted by Merle D. Mattson, Noble Drug Co. At the present time there is a medical clinic building on the premise. Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed re- zoning. Mr. Mattson stated that he wants the zoning changed e i39 (May 25, 1970 continued) because the building is unusuable under the present zoning and he would like .to use it as a professional office building. Those appearing at the hearing included the following: Ken Evans 3533 Orchard Avenue F. N. Ahlquist 3509 Orchard Avenue Don Bishop 3524 Orchard Avenue Virgil Brackney 3525 Orchard Avenue Mrs. H. Moerkitz 3509 Noble Avenue R. A. Ringer 3541 Orchard Avenue Mrs. Edwin Kuzma 3457 Noble Avenue There was much discussion regarding the rundown condition of the area around Penny's and Noble Drug, the condition of the fencing, whether the 8 lots should be replatted into one lot, curb and gutter, and the type of business that would be allowed in the building if the zoning were changed. Commissioner Roleff made a motion that the rezoning be approved subject to replatting of Lots 1,2,3,4,13,14,15 & 16 into one Lot, that the fencing meet the City Code and that permanent proper curb and gutter and sidewalk be provided along Noble Avenue on Lots 1,2,3,& 4. This motion was not seconded so Commissioner Roleff amended the motion to delete reference to curb and gutter and sidewalk as follows: Moved by Commissioner Roleff and seconded by Commissioner Plasencia to approve the rezoning from R-1 District (one family dwelling) to C-3 District (professional office building district), Lot 13, Block 1, Ruff Addition, subject to replatting of all eight lots into one lot, installing new fencing to meet the City Code and to include closing the opening at the neighbor's present fencing. By roll call and voting aye: Nystrom, Elsen, Peters, Rygg, Roleff and Plasencia; voting no: Bergman and Neubarth; abstain- ing: McLaughlin. Motion carried 6 to 2 with 1 abstaining. 4. Paul Cleek from Phillips Petroleum Co. appeared regarding Application #70-9 for a Special Use Permit for a gasoline filling station at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. Moved by Commissioner Bergman and seconded by Commissioner Neubarth to hold a Public Hearing at 8:00 p.m. on June 22, 1970 to further consider the application of Phillips Petroleum for a Special Use Permit for a gasoline filling station at 3600 Douglas Drive,. Lot 7, Block 1, Schwartz Addition. Motion carried. 5. Ralph J. Thomas of Antler Corporation, General Contractors, appeared representing Arthur Treacher's Fish & Chips requesting tentative approval of plot plan and general layout for building on Lot 4, Block 1, General Mills Crystal Addition. Mr. Thomas explained their plans for building a restaurant which will seat 32 people. Moved by Commissioner Peters and seconded by Commissioner Bergman to grant tentative approval of proposed Arthur Treacher's Fish 140 (May 25, 1970 continued) and chips facility on Lot 4, Block 1, General Mills Crystal Addition to Antler Corporation, General Contractors, subject to standard procedure. Motion carried. 6. Chas. A. Schimmel, Commander of V.F.W. Post 494, appeared regarding a building permit for a 36x50' addition and remodeling to existing building at 5222 56th Avenue North, Lot 26, Auditor's Subdivision No. 328. Moved by Commissioner Rygg and seconded by Commissioner Neubarth to approve building permit for a 36x50' addition and remodeling to the V.F.W. Post 494 at 5222 56th Avenue North, subject to standard procedure. Motion carried. Planning Commission members discussed the part of the final draft of Chapter 42, Zoning Code, which they had received, and approved of it. Moved by Commissioner Bergman and seconded by Commissioner Rygg to adjourn. Chairman Elsen ,OX d Secretary Neubarth L-UT,JF 8, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Johnson, Bergman, Nystrom, Elsen, Rygg, Roleff, Pahos, Peters, Plasencia, Neubarth and McLaughlin who arrived at 7:40 p.m.; the following were absent: Anderson, Juday, Schilling and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Pahos to approve minutes of the May 25, 1970 meeting. 1. Final approval of TSCHUDY ADDITION, 5755 West Broadway, legally described as that part of Lot 31 in the South 1/2 of Section 5, Township 118, Range 21, lying East of a line parallel with and 60' East at right angles from the East line of Lot 1, Block 1, Murray Lane 6th Addition, except street, Auditor's Subdivision No. 226. Moved by Commissioner Neubarth and seconded by Commissioner Johnson to grant final approval of TSCHUDY ADDITION, subject to standard procedure. Motion carried. 2. Final approval of WOOLSEY-LEE ADDITION, 6048 Lakeland Avenue North, legally described as that part of the South 100 feet of the North 857.72 feet of the NE4 of NE4 lying West of the East 659.9 feet thereof and East of Highway of the NE4 of NE4, except road, Section 5, Township 118, Range 21. Moved by Commissioner Roleff and seconded by Commissioner Rygg to grant final approval of WOOLSEY-LEE ADDITION, subject to standard procedure. Motion carried. 3. Jim Riley and James Wodziak appeared regarding tentative approval of proposed WODZIAK ADDITION, northwest corner of 56th Ave. and Vera Cruz Ave. Mr. Sherburne said he had received a copy of a letter from Hennepin County to Mr. Riley in which they denied access on Bass Lake Road. Moved by Commissioner Peters and seconded by Commissioner Johnson to grant tentative approval of proposed WODZIAK'S ADDITION, subject to standard procedure. Motion carried. 4. Robert DeFeyter appeared regarding application #70-10 for a variance to construct a family room which would extend onto the rear 1/4 of the lot at 6219 46th Ave. N. Moved by Commissioner Plasencia and seconded by Commissioner McLaughlin that pursuant to Section 42.21 to grant an exception to Section 42.16 (e) to allow building onto the rear 250 of the lot depth. Motion carried. 142.; June 8, 1970 - continued 5, Ted Goldman and Joe Pazandak appeared regarding rezoning from R-1 and R-3 Districts to R-4 District the area lying East of Nevada Ave. and North and South of 32nd Ave., as submitted in two zoning applications: 1) to rezone from R-1 and R-3 Districts to R-4 District, Outlot 2, B. Farr's Addition, and to rezone from R-1 District to R-4 District, Outlot 1, B. Farr's Addition, and that Mary- land Ave. be vacated and zoned R-4 District; Owner, Becon Corporation - Applicant, Joe Pazandak. 2) to rezone from R-3 District to R-4 District the West 150' of Lot 5, Robbinsdale Gardens, and to rezone from R-1 District to R-4 District that part of Lot 5, Robbinsdale Gardens, lying West of the East 131' and East of the West 1501; Owners, Leon Waters, Don Westveer and Jim Haskins - Applicant, Joe Pazandak. The rezoning request was tabled January 13, 1969 for further study and that the City engage a planner to study this area. The City Council engaged Hodne & Associates to make a study of the area land use between 36th Ave. and Medicine Lake Road and Lousiana Ave. and Winnetka Ave. North. On June 9, 1969, Jim Harrington of Hodne & Associates appeared before the Planning Commission to present their recommendations regarding the area land use for this area. The Planning Commission recommended to the City Council that Scheme A be adopted. There was much discussion regarding drainage problems which might occur if Maryland Ave. is vacated and the natural flow of water is blocked by the development, and also the effect it would have on Lot 3, Robbinsdale Gardens, north of this area. Moved by Commissioner Plasencia and seconded by Commissioner Rygg to hold a Public Hearing July 13, 1970 at 8:00 P.M. at the Crystal Municipal Building, 4141 Douglas Drive, to further con- sider the zoning applications as described above and also the recommendation of abandoning the right of way for Maryland Ave.; and that the following conditions be met prior to any action being taken by the Planning Commission: (1.) The number of units that can be constructed on the parcels involved. (2.) A drainage plan showing the disposition of any surface drainage that may be disrupted and the method of rerouting such drainage. (3) A con- tact be made with the owner, or his agent, of Lot 3, Robbinsdale Gardens Addition. The above conditions are to be met prior to the Public Hearing. Motion carried. 6. The City Council met with the Planning Commission members to discuss Application #70-5 for a special use permit submitted by Apco Oil Co. for a gasoline filling station at 3200 Douglas Drive. Those in attendance included Councilmen Duxbury, Rosen- thal, Buchholz and Dunn; Mayor Lundquist, Mr. Irving and Mr. Shama. This item was tabled by the City Council June 2, 1970 to enable the City Council to meet with the Planning Commission to further discuss this special use permit. There was dis- cussion regarding the reasons why the Planning Commission denied the special use permit, traffic on Douglas Drive, the June 8, 1970 - continued impact on the residentially zoned property in the immediate vicinity, and the effect of the study for revision of the zoning code and zoning classifications, and the impending adoption of same by the City Council. Moved by Commissioner McLaughlin and seconded by Commissioner Bergman to adjourn. Chairmo Elsen Secretary Neubarth 143 Jar- " 22, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Elsen, McLaughlin, Neubarth, Nystrom, Plasencia, Roleff, Rygg and Schilling; the following were absent: Anderson, Bergman, Johnson, Juday, Pahos, Peters and Smith; also present was planning consultant Schmock. Moved by Commissioner Roleff and seconded by Commissioner Rygg to approve minutes of the June 8, 1970 meeting. Motion carried. 1. Willis P. Spoerner, 5733 Brunswick Ave. North, appeared regarding Application #70-11 for a variance of 2' of sideyard requirement for a 19' attached garage. Reasons stated for request is that they need a two car garage and desire to keep some backyard for their use and to shorten drive to street. Presently they have an existing single car garage on the rear 1/2 of lot. The existing house is approximately 23' minus to the lot line which would allow a 17' minus garage to be attached to the house in compliance with the 5' sideyard requirement. The house on the property to the south is approximately 14'2" from the lot line and it is Mr. Schmock's recommendation that if the applicant wishes to build a larger garage that he purchase 4 or 5 ft. from his neighbor who has a 70 ft. lot and still would be more than the required dis- tance from the new lot line. Art Quady, Fire Marshall for the City of Crystal, appeared and stated that insofar as fire service is concerned, they are strictly against any variance changing the minimum requirement of distance between structures as it can endanger life and property. Moved by Commissioner Roleff and seconded by Commissioner Rygg in consideration of the remarks by the Fire Marshall and the fact that Mr. Spoerner does not wish to negotiate with his neighbor to purchase 4 or 5 ft. of his property, to deny the application for a variance of 2 ft. of sideyard on the property legally described as the North 62' of the East 1/2 of Lot 46, Auditor's Subdivision No. 328, 5733 Brunswick Ave. North. Motion carried. 2. It being 8:00 p.m., Chairman Elsen declared this was the time and the place for a Public Hearing to consider special use permit #70-9 for a gasoline filling station on Lot 7, Block 1, Schwartz Addition, 3600 Douglas Drive, applicant Phillips Petroleum Co. Paul Cleek explained their plans for putting the building in operable condition including cleaning up the back part of the lot, grading and seeding, putting in more asphalt for parking spaces, putting in permanent curbing, the closing of one egress and ingress and the dedication of 8' on 36th Ave. John Demarais, 3601 Colorado Ave., appeared and stated that he was not opposed 145 JUNE 22, 19 70 - continued to the gasoline station at this location but he objected to the rundown condition of this and other stations with junk cars standing around, and also complained of the rats that were in the area of the station. Moved by Commissioner Neubarth and seconded by Commissioner McLaughlin to approve a special use permit for a gasoline filling station on the property legally described as Lot 7, Block 1, Schwartz Addition, to Phillips Petroleum Co., subject to the dedication of an 8' easement on 36th Ave.; installing barrier curbs to prevent parking on the grass area in the back; and the closing of the driveway closest to Douglas Drive. Motion carried. Commissioner Roleff stated that he wanted it as a matter of record that we do have a new ordinance which will go into effect which will require rezoning instead of special use permits, and that he voted in favor of this special use permit because the station is existing. . Dave Anderson of Apco Oil Co. at 5419 Lakeland Ave. North appeared regarding a building permit for remodeling and altera- tions of the old existing Dairy Queen building adjacent to the filling station for a bait and sport shop. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to approve a building permit for remodeling and altera- tions to the existing Dairy Queen building at 5419 Lakeland Avenue North, on Lot 31, Auditor's Subdivision No. 328, subject to standard procedure. Motion carried. Moved by Commissioner McLaughlin and seconded by Commissioner Nystrom to adjourn. 6-,) /7/� j Secretary Neubarth a Motion cariied. ChaixiqE Elsen 146` JULY 13, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Peters, Rygg, Roleff and McLaughlin; the following were absent: Anderson, Bergman, Johnson, Juday, Neubarth, Nystrom, Pahos, Plasencia, Schilling and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Peters and seconded by Commissioner McLaughlin to approve the minutes of the June 22, 1970 meeting. Motion carried. 1. Tentative approval of proposed JOHNSON-LUTGEN ADDITION, applicant Leo Lutgen, located approximately across the street from the Knights of Columbus Hall and legally described as follows: That part of the SE4 of the NW4 of Section 9, Township 118, Range 21, described as beginning at a point on the NEly right of way line of West Broadway distant 629.4' SEly as measured along said NEly right of way line from the point of intersection of said right of way line with the W line of said SE4 of the NW4; thence E and parallel with the N line of said Section 9 a distance of 258.3', more or less, to the Wly line of the Great Northern Railway Co. right of way; thence SEly along said right of way line 205.00'; thence W and parallel with the N line of said Section 9 a distance of 213.4', more or less, to the NEly right of way line of said West Broadway; thence NWly along said NEly right of way line of West Broadway a distance of 228.2', more or less, to the point of beginning. Moved by Commissioner Rygg and seconded by Commissioner Peters to grant tentative approval of proposed JOHNSON-LUTGEN ADDITION, as legally described above, subject to standard procedure. Motion carried. 2. Tentative approval of proposed HEDENSTROM ADDITION, which is a replat of Lot 7, Block 2, Rosedale Acres Addition, 35th & Zane Avenue North, applicant Rudy Olson. Moved by Commissioner,Roleff and seconded by Commissioner McLaughlin to grant tentative approval of proposed HEDENSTROM ADDITION, as legally described above, subject to standard procedure. Motion carried. 3. Merle Mattson appeared regarding proposed NOBLE DRUG COMPLEX ADDITION which is a replat of Lots 1, 2, 3, 4, 13, 14, 15 & 16, Block 1, Ruff Addition, into one lot, 36th and Noble Ave. North. Moved by Commissioner Peters and seconded by Commissioner Rygg to grant tentative approval of proposed NOBLE DRUG COMPLEX ADDI- TION, as legally described above, subject to standard procedure. Motion carried. (continuation July 13, 1970) 4. Jerry Olson appeared regarding a building permit for an Arthur Treacher's Fish and Chips on Lot 4, Block 1, General Mills Crystal Addition, 6800 56th Avenue North. Mr. Olson explained their plans for a restaurant which will seat 32 people and also have carryout. Moved by Commissioner Peters and seconded by Commissioner Rygg to grant a building permit for an Arthur Treacher's Fish and Chips on Lot 4, Block 1, General Mills Crystal Addition, 6800 56th Avenue North, subject to standard procedure. Motion carried. 5. Ray Perry appeared regarding a building permit to remodel the existing building at 6430 56th Avenue North (old Eddie & Dick's station), Lot 18, Block 5, Kensey Manor Addition, into an office building. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to approve a building permit for remodeling and alterations to Ray Perry at 6430 56th Avenue North, Lot 18, Block 5, Kensey Manor Addition, for an office building, subject to standard procedure. Motion carried. 6. Replatting of V.F.W. property, Lots 26 & 27, Auditor's Sub- diVision No. 328, into CHARLES R. KNAEBLE POST NO. 494 ADDITION, 5222 56th Avenue North. Moved by Commissioner Rygg and seconded by Commissioner Peters to grant tentative approval of proposed CHARLES R. KNAEBLE POST NO. 494 ADDITION, as legally described above, subject t -o standard procedure. Motion carried. 7. Phillips Petroleum Co. regarding a building permit for remodel- ing and alterations to existing gasoline service station at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. Moved by Commissioner Rygg and seconded by Commissioner Peters to approve a building permit for remodeling and alterations to Phillips Petroleum Co. to the existing gasoline service station at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition, subject to standard procedure. Motion carried. 8. It being 8:00 p.m., Chairman Elsen declared this was the time and the place to further consider Application #68-17 for pro- posed rezonings: from R-1 District (one family dwelling) and R-3 District (limited multiple dwellings) to R-4 District (general multiple dwellings) and legally described as Outlot 2, B. Farr's Addition; from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) and legally l July 13, 1970 - continued described as Outlot 1, B. Farr's Addition; that Maryland Avenue be vacated and zoned R-4 District (general multiple dwellings); from R-3 District (limited multiple dwellings) to R-4 District (general multiple dwellings) and legally described as the West 150' of Lot 5, Robbinsdale Gardens; and from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) that part of Lot 5, Robbinsdale Gardens lying West of the East 132' and East of the West 150'. Said legal descriptions are designated as the area lying East of Nevada Avenue and North and South of 32nd Ave. Fee owner - Becon Corporation, Donald E. Westveer, James Haskins and Leon G. Waters; Applicant - Joe Pazandak. Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed rezoning. Persons appearing at the hearing included the following: Ted Goldman, BTA Construction J. E. Pazandak, Becon Corporation Mr. Winer, Attorney representing Olaf A. Olson Mr. Plufka, New Hope Planning Commission Edward DeJarlais, 7315 33 Ave. Adrian Olson, 7201 Valley Place Dennis Albrecht, 7224 33 Ave. Ted Weprowski, 3240 Louisiana Lowell K. Thone, 7200 33 Ave. Edwin Down, 3204 Louisiana E. V. Goldsmith, 3224 Louisiana Gary M. Nunn, 7208 33 Ave. Wm. J. Karges Jr., 7216 33 Ave. Moved by Commissioner McLaughlin and seconded by Commissioner Peters to continue the Public Hearing until 8:00 p.m., July 27, 1970 for soil testing and comparative costs of alternate types of development. Motion carried. Moved by Commissioner Peters and seconded by Commissioner R;ygg to adjourn. IJ Secretary Neubarth Chairman�%lsen n9u LNEE-1 "7W JULY 27, 1970 The regular meeting of the Planning Commission convened at 8:00 p.m. with the following members present: Peters, Roleff, Elsen, Neubarth, Bergman, Nystrom and Anderson; the following were absent: Johnson, Juday, McLaughlin, Pahos, Plasencia, Rygg, Schilling and Smith; also present was planning consultant Schmock. Moved by Commissioner Peters and seconded by Commissioner Roleff to approve the minutes of the July 13, 1970 meeting. Motion carried. 1. It being 8:00 p.m., Chairman Elsen declared this was the time and the place for the continued Public Hearing to further consider Application #68-17 for the following proposed rezonings: from R-1 District (one family dwelling) and R-3 District (limited multiple dwellings) to R-4 District (general multiple dwellings) and legally described as Outlot 2, B. Farr's Addition; from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) and legally described as Outlot 1, B. Farr's Addition; that Maryland Avenue be vacated and zoned R-4 District (general multiple dwellings); from R-3 District (limited multiple dwellings) to R-4 District (general multiple dwellings) and legally des- cribed as the West 150' of Lot 5, Robbinsdale Gardens; and from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) that part of Lot 5, Robbinsdale Gardens lying West of the East 132' and East of the West 150'. Said legal descriptions are designated as the area lying East of Nevada Avenue and North and South of 32nd Avenue. Fee owner - Becon Corporation, Donald E. Westveer, James Haskins and Leon <4. Waters; Applicant - Joe Pazandak. Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed rezoning. Approximately 50 people attended the Public Hearing. Ted Goldman and Joe Pazandak appeared in favor of the rezoning. The following people identified themselves opposing the rezoning: Lee Liljengren 6820 32 Avenue Karen Karges 7216 32 Avenue Bill Karges Jr. 7216 32 Avenue Donna Albrecht 7224 33 Avenue Dennis Albrecht 7224 33 Avenue Jim Bechthold 3100 Kentucky Avenue Jim Kamerer 3041 Kentucky Avenue Keith Toelle 3108 Kentucky Avenue Lowell Thone 7200 33 Avenue Gary Nunn 7208 33 Avenue Ted Weprowski 3240 Louisiana Avenue Sharon Weprowski 3240 Louisiana Avenue Ed Down 3204 Louisiana Avenue Ed DeJarlais 7315 33 Avenue Ed Winer, Attorney representing Dr. Olaf A. Olson Ted Goldman showed a report by Soil Testing of Minnesota which indicated that four soil borings had been made on this property. 150 July 27, 1970 - continued Borings 2, 3 and 4 went down 72', 82' and 10' to get to good ground. Boring 1 indicated the best ground; this was taken South of 32nd Ave. towards Nevada Ave. Mr. Goldman said it would cost approximately $25,000 per building to do the exca- vation. Mr. Goldman did not have comparative costs for single family dwellings, but indicated that with the expenses so much higher today for building and the high interest rates, he felt many people wouldn't qualify to buy a house built on this property with the added expense of fill. Ed Winer, Attorney representing Dr. Olaf Olson, fee owner of the property immediately north of the area under con- sideration, stated they are,opposed to the rezoning because they feel it will reduce the value of Dr. Olson's property, especially if Maryland Avenue is vacated as it would reduce the number of single family dwellings that could be built on this property, and also feels the property would be worth less with apartment units in the area. He also stated they thought it would be desirable if Mr. Goldman would purchase Dr. Olson's property and thereby could make better use of the entire area, possibly with some type of green area with a large complex to the South. Chairman Elsen explained to those present that this rezoning application had been tabled several months ago in order for the City to engage a planner to study this area,:which included in the overall planning part of New Hope to be rezoned to multiple dwelling. As of this date New Hope has not seen fit to go along with this plan. Mr. Schmock said that the New Hope Planning Commission is having a Public Hearing for rezoning land South of this area on August 4, 1970; property located West of Louisiana Ave. at 30th Ave., from limited industrial to multiple resi- dential. There was much discussion regarding traffic in the area, whether it would be feasible to develop the land under the present zoning, the number of single family dwellings that could be built on this property, whether the ground is too swampy, and the effect apartment buildings would have on the residential property in this area. Moved by Commissioner Roleff to deny the rezoning as legally described above as he shares many of the people's concern with traffic through a residential area; sees substantial irncrease of traffic on 32nd when it is completed; shares their concern about the remaining parcels and how many requests we will have to rezone industrial and residential land; and is not convinced that the land is not suitable for development under the present zoning. This motion was seconded by Commissioner Bergman. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Peters to adjourn. 7/7IP _111 J - Secreta y Neubarth Chairma Elsen -: 51 AUGUST 10, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Elsen, McLaughlin, Neu- barth, Nystrom, Rygg and Schilling; the following were absent: Anderson, Bergman, Johnson, Judah, Pahos, Peters, Plasencia, Roleff and Smith; also present was planning consultant Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Neubarth to approve minutes of the July 27, 1970 meeting. Motion carried. i. Final approval of HEDENSTROM ADDITION, 35th & Zane Avenue North, legally described as Lot 7, Block 2, Rosedale Acres. Moved by Commissioner Nystrom and seconded by Commissioner McLaughlin to grant final approval of HEDENSTROM ADDITION, subject to standard procedure. Motion carried. 2. Final approval of JOHNSON-LUTGEN ADDITION, 50th & West Broadway, legally described as that part of the SE4 of the NW4 of Section 9, Township 118, Range 21, described as beginning at a point on the NEly right of way line of West Broadway (formerly known as Jefferson Highway) distant 629.4' SEly as measured along said NEly right of way line from the point of intersection of said right of way line with the W line of,said SE4 of the NW4; thence E and parallel with the N line of said Section 9 a distance of 258.3', more or less, to the Wly line of the Great Northern Rail- way Co. right of way; thence SEly along said right of way line 205.00'; thence W and parallel with the N line of said Section 9 a distance of 213.4', more or less, to the NEly right of way line of said West Broadway; thence Northwesterly along said NEly right of way line of West Broadway a distance of 228.2', more or less, to the point of beginning. Moved by Commissioner Rygg and seconded by Commissioner Nystrom to grant final approval of JOHNSON-LUTGEN ADDITION, subject to standard procedure. Motion carried. 3. Final approval of CHARLES R. KNAEBLE POST NO. 494 ADDITION, 5222 56th Avenue North, legally described as Lots 26 & 27, Auditor's Subdivision No. 328. Moved by Commissioner Neubarth and seconded by Commissioner McLaughlin to grant final approval of CHARLES R. KNAEBLE POST NO. 494 ADDITION, subject to standard procedure. Motion carried. 4. Tentative approval of proposed LAUB 2ND ADDITION, which is a replat of Lot 1, Block 1, Laub Addition, 6526 45th Avenue North. 1. 52 August 10, 1970 - continued Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to grant tentative approval of proposed LAUB 2ND ADDITION, subject to possible realignment of the utility easement by the utility companies, and subject to standard procedure.thereafter. Motion carried. Chairman Elsen stated he had received a letter from the Human Behavior Commission asking him to appoint a member of the Planning Commission to serve on the newly formed Environmental Commission and appointed Commissioner McLaughlin to serve on the Commission. Moved by Commissioner McLaughlin and seconded by Commissioner Rygg to adjourn. r 2-1 �"_ Secretary Neubarth Chairman lsen 153. AUGUST 24, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Johnson, Rygg, Bergman, Peters, Elsen, Neubarth, McLaughlin, Juday, Nystrom and Roleff; the following were absent: Smith, Pahos, Plasencia, Anderson and Schilling; also present was planning consultant Sherburne. Moved by Commissioner Neubarth and seconded by Commissioner Rygg to approve the minutes of the August 10, 1970 meeting. Motion carried. 1. Henry Miller of 2914 Brunswick Avenue North appeared in regard to rezoning application #70-12 which was a request to rezone property from R-1 to R-4 located at 2914 Brunswick Avenue North. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to table for further study to allow time for contact with the Park and Recreation Advisory Commission to determine how this property will be affected by the overall park develop- ment plan, the application #70-12 requesting rezoning from R-1 (single family dwelling district) to R-4 (general multiple dwelling district) the following described property located at 2914 Brunswick Avenue North; the S 210' of the NW4 of the NE4 of the SW 4 of the SWk, also the N 70' of the SW 4 of the NE 4 of the SW4 of the SW4 all in Section 21, Township 118, Range 21. Motion carried. 2. William R. Langsdorf appeared regarding variance application #70-13 for his property at 8100 - 33rd Avenue North. The request was to allow a variance of 11 feet from the ordinance requiring that no driveway on a corner lot shall be located closer than 50 feet from the intersection of the property corners at the intersection. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to approve the request for variance in application #70-13 to permit the driveway opening to be located 39' from the property corner at 8100 33rd Avenue North and legally described as Lot 10, Block 1, Winnetka Park First Addition. Motion carried. Moved by Commissioner Neubarth and seconded by Commissioner Peters to adjourn. Chairman sen Secretary Neubarth 154 SEPTEMBER 28, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Peters, Schilling, Elsen, Ny- strom and Neubarth; the following were absent: Anderson, Bergman, Johnson, Juday, McLaughlin, Pahos, Plasencia, Roleff, Rygg and Smith; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Peters and seconded by Commissioner Johnson to approve the minutes of the August 24, 1970 meeting. Motion carried. 1. Henry Miller appeared regarding tabled rezoning application #70-12 requesting the rezoning of the property located at 2914 Brunswick Avenue North from R-1 District to R-4 District to permit the con- struction of multiple dwelling. Chairman Elsen stated that he attended the Park and Recreation Advisory Commission meeting at which time it was indicated that this piece .of land is included in an application for Federal grant to buy additional land for park area. Moved by Commissioner Neubarth and seconded by Commissioner Schilling to deny application #70-12 for rezoning from R-1 Dis- trict (one family dwelling) to R-4 District (general multiple dwellings) on the following described property: The S 210' of the NW4 of the NE4 of the SW4 of the SW4, also the N 70' of the SA of the NE4 of the SW4 of the SW4, all in Section 21, Town- ship 118, Range 21. Motion carried. 2. Earl Wilson of West Suburban Builders, Inc. appeared regarding proposed EARL WILSON 2ND ADDITION, which is a replat of Lots 11 and 12, Block 1, Sunhybrook Acres 2nd Addition, lying East of the West 10 feet thereof and lying West of the East 30 feet thereof, and Lot 2, Block 1, Cravens Gardens Addition. This property is North of 32nd Avenue abutting on Adair and Brunswick Avenues North. Moved by Commissioner Peters and seconded by Commissioner Neu- barth to grant tentative approval of proposed EARL WILSON 2ND ADDITION, subject to standard procedure. Motion carried. 3. Mannie's DX Service Station at 2756 Douglas Drive regarding special use permit application #70-14 for an auto wash drive-in at the DX Service Station at 2756 Douglas Drive. Mr. Schmock explained that the car wash has already been installed which is not allowed under our present zoning in a C-1 District without obtaining a special use permit. Moved by Commissioner Nystrom and seconded by Commissioner Peters to table until the October 26th Planning Commission meeting application #70-14 for a special use permit for an auto wash drive-in on Lot 1, Block 1, Lamplighter Square 5th Addition, 2756 Douglas Drive, to allow Mannie's DX Service Station or some representative to appear before the Planning Commission and state their case. Motion carried. 155 September 28, 1970 (continued) 4. George Fletcher of Computer Metal Products regarding a 20x42' addition to the existing hanger on Lot 9N, Crystal Airport. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to approve building permit #19117 for a 20x42' addition to existing hanger on Lot 9N, Crystal Airport, subject to standard procedure. Motion carried. The City of Crystal received a Notice of Public Hearing on Request for Rezoning and Variance (Case 70-69) from the Village of New Hope for rezoning from Limited Business to General Business and variance in setback requirements on the following legally described property: N 57' of S 182' of E 105' of W 132' of Lot 33, Auditor's Subdivision No. 226. This is area on West side of Pennsylvania Avenue, between Service Station and Apartment Building. Purpose of request is to provide site for auto body shop. Mr. -Sherburne stated that copies of the Notice of the Public Hearing were sent to Crystal residents living within 300' of the property in the event they wished to attend the Hearing which will be held October 6, 1970, at 8:05 p.m. at the New Hope Village Hall. Moved by Commissioner Peters and seconded by Commissioner Schilling to cancel the October 12th Planning Commission meeting in view of the fact that the meeting falls on a Holiday. Moved by Commissioner Peters and seconded by Commissioner Nystrom to adjourn. Chairma Elsen V Secretary Neubarth 15G OCTOBER 26, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Neubarth, Elsen, Roleff, Rygg and McLaughlin; the following were absent: Anderson, Johnson, Juday, Nystrom, Pahos, Peters, Plasencia, Schilling and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Roleff and seconded by Commissioner Rygg to approve the minutes of the September 28, 1970 meeting. Motion carried. The City Attorney's legal opinion on public hearings was discussed. It was suggested that possibly there should be a $50 charge for proposed plattings as well as for requests for rezoning of land and variances, and whether the $50 charge covers the cost of advertising, postage and the work involved in sending out notices of public hearings should be taken into consideration. 1. Virgil A. Mannie of Mannie's DX Station and a representative from Sun Ray DX appeared regarding application #70-14 for a special use permit for an auto car wash drive-in at 2756 Douglas Drive which was tabled September 28, 1970. Moved by Commissioner Bergman and seconded by Commissioner Neubarth to hold a Public Hearing at 7:45 p.m. on November 23, 1970, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #70-14 for a special use permit for an auto wash drive-in on Lot 1, Block 1, Lamp- lighter Square 5th Addition, 2756 Douglas Drive. Motion carried. 2. Final approval of NOBLE DRUG COMPLEX ADDITION, Merle Mattson applicant, legally described as Lots 1, 2, 3, 4, 13, 14, 15 and. 16, Block 1, Ruff Addition, 35th & Orchard -Noble Avenues North. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to grant final approval of NOBLE DRUG COMPLEX ADDITION, subject to standard procedure. Motion carried. 3, Jim Robinson of Baldwin Realty Co. appeared regarding proposed MARS 2ND ADDITION, which is a replat of Lots 1 and 2, Block 1, Mars Addition, West Broadway and Hanson Court, Scandia Campers, Inc., owners. Moved by Commissioner Bergman and seconded by Commissioner Rygg to grant tentative approval of proposed MARS 2ND ADDITION, subject to a 7' easement for Hennepin County, and further subject to standard procedure. Motion carried. October 26, 1970 (continued) 4. Martin Campion of Campion Associates appeared regarding proposed CORVALLIS TERRACE ADDITION which is a replat of Lot 9, Russ 2nd Addition, Corvallis and Jersey Avenue, into three lots. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to grant tentative approval of proposed CORVALLIS TERRACE ADDITION, subject to dedicating in the plat an additional 10' for Jersey Avenue North and further subject to standard procedure. Motion carried. 5. Kermit Hill appeared regarding a building permit for a 45x11,' second floor addition and remodeling for the Crystal Evangelical Free Church, 6421 45th Avenue North. Moved by Commissioner Neubarth and seconded by Commissioner McLaughlin to approve a building permit for a 45x1112' second floor addition and remodeling for the Crystal Evangelical Free Church at 6421 45th Avenue North to Kermit Hill Con- struction Co., subject to standard procedure. Motion carried. 6. Application #70-15 of Wallace B. Kenneth to rezone Lot 1, Block 1, Douglas Court 2nd Addition from R-4 District (general multiple dwellings) to C-1 District (commercial) for an office building. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to hold a Public Hearing at 8:00 p.m. on November 23, 1970 at the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #70-15 for rezoning Lot 1, Block 1, Douglas Court 2nd Addition, from R-4 District (general multiple dwellings) to C-1 District (commercial), 2731 Douglas Drive. Motion carried. 7. Quentin Fiala and John O'Brien appeared regarding proposed O'Brien & Fiala Addition which was previously denied by the Planning Commission and City Council. This proposed plat involves the City of Crystal vacating a portion of the street right of way at the intersection of Elmhurst -Hampshire and 60th Ave. North, to become combined with Lots 1 and 15, Lakeland Manor, and made into three lots. Moved by Commissioner Roleff and seconded by Commissioner Rygg to table the proposed platting until plans for a house and plot plan are presented. Motion carried. October 26, 1970 (continued) 8. The City Council returned rezoning application #70-12 of Z & S Corporation and Henry Adolph Miller, owner, with instructions to hold a Public Hearing to further consider the rezoning request. Moved by Commissioner McLaughlin and seconded by Commissioner Bergman to hold a Public Hearing at 8:15 p.m. on November 23, 1970 at the Crystal Municipal Building, 4141 Douglas Drive, to further consider rezoning application #70-12 for rezoning from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) on the following described property: The South 210' of the NW 4 of the NE 4 of the SW4 of the SW4, also the North 70' of the SW4 of the NEq of the SW4 of the SW4, all in Section 21, Township 118, Range 21. This property is located at 2914 Brunswick Avenue North. Motion carried. 9. Lester Ziebarth appeared regarding proposed ZIEBARTH ADDITION, located at 4507 Douglas Drive and legally described as follows: That part of the South 1/2 of the South 1/2 of the SE4 of Section 8, Township 118, Range 21, described as follows: Beginning at the SE corner of said Section 8; thence West along the South line of said Section 283'; thence North parallel with the East line of said Section 176.9'; thence East 283' to a point on the East line of said Section 8, distant 177.01' North of the SE corner thereof; thence South along East line of said Section 177.01' to the point of beginning. Moved by Commissioner Roleff and seconded by Commissioner Rygg to grant tentative approval to proposed ZIEBARTH ADDITION, subject to a 7' easement for Hennepin County, and further sub- ject to standard procedure. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner McLaughlin to adjourn. Secretary Neubarth Chairma' Elsen 1 NOVEMBER 9, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Anderson, Elsen, Mc- Laughlin, Neubarth, Nystrom, Peters, Plasencia, Roleff and Schilling; the following were absent: Bergman, Johnson, Juday, Pahos, Rygg and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Roleff to approve the minutes of the October 26, 1970 meeting. Motion carried. I. The City Council at its regular meeting Wednesday, November d, 1970 were advised by the City Manager of a proposal by Richard Jordan regarding the land that is under condemnation at the present time for park and storm sewer reservoir in the area presently referred to as the Jordan Park (30th and Welcome). The City Council requested that the Planning Commission and the Park Commission consider the request of rezoning an area of 5 to 7 acres to R-4 (general multiple dwellings), for an exchange of deeding a part of the area to the City of Crystal. Mr. Sherburne explained the proposal to the Planning Commission members, indicating on the map the area which would be affected. There was much discussion regarding being discrimating against other property owners if an apartment complex was allowed in this instance and other requests denied, traffic problems that would exist, the need for a variance for parking, access problems, and the effects an apartment complex would have on the park. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to recommend to the City Council that they not grant this request primarily because of the discrimation factor against the other property owners, most recent the Miller property, and also the traffic problem that would exist if an apartment complex were developed on it, that a variance would be necessary for the parking and that the plot would be lying within the park boundary. By roll call and voting aye: Anderson, Elsen, McLaughlin, Neubarth, Nystrom, Peters, Plasencia, Roleff and Schilling; voting no: none. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Plasencia to adjourn. Motion carried. Chairman 'sen Secretary Neubarth 160, NOVEMBER 23, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Anderson, Bergman, Elsen, Juday, McLaughlin, Neubarth, Peters, Plasencia and Roleff; the following were absent: Johnson, Nystrom, Pahos, Rygg, Schilling and Smith; also present was planning consultant Sherburne. Moved by Commissioner McLaughlin and seconded by Commissioner Peters to approve the minutes of the November 9, 1970 meeting. Motion carried. 1. Final approval of LAUB 2ND ADDITION which is a replat of Lot 1, Block 1, Laub Addition, 6526 45th Avenue North, submitted by Dan C. Laub. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to grant final approval of LAUB 2ND ADDITION, subject to standard procedure. Motion carried. 2. Final approval of MARS 2ND ADDITION which is a replat of Lots 1 and 2, Block 1, Mars Addition, West Broadway and Hanson Court, submitted by Baldwin Realty Co. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to grant final approval of MARS 2ND ADDITION, subject to standard procedure. Motion carried. :i. Final approval of ZIEBARTH ADDITION located at 4507 Douglas Drive and legally described as that part of the South 1/2 of the South 1/2 of the SE4 of Section 8, Township 118, Range 21, described as follows: Beginning at the Southeast corner of said Section 8; thence West along the South line of said Section 283 feet; thence North parallel with the East line of said Section 176.9 feet; thence East 283 feet to a point on the East line'of said Section 8, distant 177.01 feet North of the Southeast corner thereof; thence South along East line of said Section 177.01 feet to the point of beginning. The pro- posed plat was submitted by Lester Ziebarth. Moved by Commissioner Neubarth and seconded by Commissioner Plasencia to grant final approval of ZIEBARTH ADDITION, subject to standard procedure. Motion carried. 4. Application for building permit #19292 for remodeling the interior of the existing building at 5421 Lakeside Avenue N. for a new test center for Northwestern Bell Telephone Co. to C. F. Haglin & Sons Construction Co. on part of Lot 18, Schaeffer's Lakeside Grove Addition. 16 1 November 23, 1970 - continued Moved by Commissioner Roleff and seconded by Commissioner Neubarth to grant a building permit to C. F. Haglin & Sons Construction Co. for remodeling to the existing building at 5421 Lakeside Avenue, subject to standard procedure. Motion carried. 5. It being 7:45 p.m., Chairman Elsen declared this was the time and the place to further consider application #70-14 for a special use permit for a Auto Wash Drive-in on Lot 1, Block 1, Lamplighter Square 5th Addition, 2756 Douglas Drive. Applicar)t Virgil Mannie of Mannie's DX Station; fee owner Sun Oil Co. Virgil Mannie, owner of Mannie's DX Station and Arvid Bergsten who sold him the machine appeared and explained how the machine operated. Iry Trockman, 5919 Medicine Lake Road, stated he felt that this service was needed in the neighborhood and he was in favor of it. Nobody appeared in opposition of granting the special use permit. Moved by Commissioner Plasencia and seconded by Commissioner Neubarth to grant a special use permit to Mannie's DX Service Station at 2756 Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition, for a Auto Wash Drive-in with the follow- ing conditions: that the car wash be used only when the gas station is open and an attendant on duty, that the automatic car wash be in a single bay in the existing building and that the installation meets the requirements of the electrical and plumbing code of the City of Crystal. Motion carried. 6. It being 8:00 p.m., Chairman Elsen declared this was the time and the place to further consider application #70-15 for pro- posed rezoning from R-4 District (general multiple dwellings) to C-1 District (commercial) on Lot 1, Block 1, Douglas Court 2nd Addition, 2731 Douglas Drive. Fee owner and applicant, Wallace B. Kenneth. Ivan S. Kerr from Mortgage Associates Inc. appeared representing Wallace B. Kenneth and showed plans for building a 12 story professional office building on the above property. Alfred Hall, an attorney representing the Church of Latter Day Saints, appeared and stated that they were not opposed to the rezoning if an office building would be con- structed, but questioned whether something else could be built on it once it was zoned commercial. Mr. L. Reidenberg, 2741 Zane Avenue, appeared and opposed the rezoning request. Mr. Sherburne indicated that the plans for an office building did not meet the building code. Moved by Commissioner Juday and seconded by Commissioner Peters to continue the Public Hearing until December 14, 1970 at 7:45 p.m. and requested that the developer bring in complete and total plans to meet with the building code and parking requirements and proof that he has adequate financing avail- able to construct an office building on the premise. Motion carried 1 62 November 23, 1970 - continued 7. It being 8:15 p.m., Chairman Elsen declared this was the time and the place to further consider application #70-12 for pro- posed rezoning from R-1 District (one family dwelling) to R-4 District (general multiple dwellings) on the property legally described as follows: The South 210 feet of the NW4 of the NE4 of the SA of the SW4 and also the North 70 feet of the SW4 of the NE4 of the SW4 of the SW4, all in Section 21, Township 118, Range 21. Said legal description is designated as 2914 Brunswick Avenue North. Fee owner, Adolph Miller; applicant, Z & S Corporation. John D. Bleaker, Attorney representing Mr. Miller appeared, together with Mr. Miller's daughter and son-in- law. Approximately fifty people attended the hearing opposing the rezoning. The following voiced their opinions: Clifford Nelson 5804 27th Avenue N. L. Reidenberg 2741 Zane Avenue N. Iry Trockman 5919 Medicine Lake Road Milton Dunham 5909 29th Place N. Barry Gerr 5932 w9th Place N. Mrs. Stephen Chaimson 2732 Zane Avenue N. Charles Alexander Box 3, Route 535, Excelsior Jim Hawks Mr. Dunham presented a petition signed by land owners in the area opposing the rezoning, a copy of which is on file. There was much discussion regarding the rezoning including that the pro- perty should be developed as it is zoned, the depreciation of property if it would be rezoned multiple dwelling, the increase of traffic if apartment buildings would be built, the question of discriminating against other property owners with vacant land if rezoning requests were denied and whether the city would be buying the property for park purposes. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to deny the rezoning request in view of the comments made by the people in attendance, traffic consideration, and particularly in view of the denial the Planning Commission recommended to the City Council at their last meeting regarding the Jordan property. Chairman Elsen recommended that the City Council take steps to purchase the property for park purposes. Motion carried. S. Frank Girdler of Real Estate 10, Inc. appeared regarding application #70-16 for a variance to place a 6x9' sign approxi- mately 8' to the West of the commercial zoning to line up with light standards in the parking lot in the Penny's parking lot at 36th and Orchard Avenue. Moved by Commissioner Anderson and seconded by Commissioner Bergman to grant a variance for a 6x9' sign with a 10' pole to be placed on the parking lot at Pennys Store, 36th Avenue and Orchard. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner McLaughlin to adjourn. Motion carried. Secretary Neubarth Chairkan Elsen 1 63 DECEMBER 14, 1970 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Johnson, McLaughlin, Neubarth, Nystrom, Plasencia and Roleff; the following were absent: Anderson, Bergman, Juday, Pahos, Peters, Rygg, Schilling and Smith; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to approve the minutes of the November 23, 1970 meeting. Motion carried. I. Application for building permit #19320 for a 50'x70' airplane hangar on leased Lot 58D, Crystal Airport, to Peterson and Templin Construction Co. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to approve building permit #19320 for a 50'x70' air- plane hangar on leased Lot 58D, Crystal Airport, for John R. Sandberg to Peterson and Templin Construction Co., subject to standard procedure. Motion carried. 2. Russell Haverberg of Haverberg Construction Co. appeared regarding a 6'x8' shelter building for station attendant on existing gas pump island at the Sinclair Station at 5417 36th Avenue North. Moved by Commissioner Plasencia and seconded by Commissioner Johnson to approve building permit #19310 for a 6'x8' shelter building on existing gas pump island at the Sinclair Station on Tract A, Registered Land Survey #860, 5417 36th Avenue North, to Haverberg Construction Co., subject to standard procedure. Motion carried. 3. It being 7:45 p.m., Chairman Elsen declared this was the time and the place to further consider the continued Public Hearing of November 23rd, application #70-15, for the proposed rezoning from R-4 District (general multiple dwellings) to C-1 District (commercial) on Lot 1, Block 1, Douglas Court 2nd Addition, fee owner and applicant Wallace B. Kenneth. The Commission had re- quested that the developer bring in complete plans to meet with the building code and parking requirements of the zoning ordinance and proof that he has adequate financing available to construct an office building on the premises. No one appeared in favor or opposed to the rezoning application. Moved by Commissioner Plasencia and seconded by Commissioner Roleff to continue the Public Hearing until January 11, 1971, at 7:45 p.m., and that the parties involved be notified of our action which will allow the applicant to present some evidence of his intent to build the building by showing some agreement that financing has already been applied for and obtained. Motion carried. 6 December 14, 1970 - continued Moved by Commissioner McLaughlin and seconded by Commissioner Johnson to cancel the special Planning Commission meeting of December 28, 1970 because of the holiday season. Motion carried. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to adjourn. Motion carried. Secreta y Neubarth Chairman/ lsen