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12-19-1972CITY OF RICHFIELD PLANNING COMMISSION AGENDA DECEMBER 19, 1972 ALL TO ORDER ROLL CALL APPROVAL OF MINUTES: November 28, 1972 Regular Business and/or Public Hearing Items: Item #1, Case 72-R-2 Item #2, Case 72-R-3 Item if3, Case 72-SP-8 Item 1#4, Case 72-SP-9 Item #5, Case 72-V-7 Correspondence Items: None. Study Items: Item #6 Item #7 Dan Rlnrud, 6805 lath Avenue So. Knutson Construction 'Co., 78th and Chicago Ave. So. G. A. Rooney and P.J. Marinovich, 1400 E. 78th Street. Belmar Builders, Inc., 211 W. 76th Street Belmar Builders, Inc., 211 W. 76th Street Rezoning from "R" residential to "MR" multiple residential for double bungalow unit. Rezoning from "C-2" commercial to "11ZR" multiple residential for multiple family dwelling. Special Use Permit for car rental business to be operated in conjunction with gasoline service station. Apartment use permit for twelve unit apartment building. Variance from the two and one half story building height limitation of the city to construct three story apartment building. Ordinance Change: Consideration of proposed changes to city ordinance as relates to storage of "junk cars" at gasoline service stations. Discussion of alternative traffic circulation proposals prepared by Commissioner Wozniczka for the Central Business area of Richfield. Item #8 Other: --Joint Council/Commission meeting January 11, 1972 to discuss five year capital improvement program. --Proposed re -opening of Heidelberg restaurant. ADJOURTZMENT: 10:30 p.m. MERRY CHRISTMAS------- HAPPY NEW YEAR! AW.- CITY OF RICHFIELD PLANNING COMMISSION AGENDA LR1L LCLCLIFV CL 11 . lJ / �- '.tem #1 Case: 72-R-2 Originating Department: Planning Department Action Requested: Rezoning for double bungalow unit Exhibits: Site location map and proposed plot plan. Building plans to be presented at the meeting. Mr. Dan Roynrud requests rezoning of property at 6805 14th Avenue South from "R" residential to "MR" multiple residential for purposes of constructing a double bungalow on this property. A sketch showing the location of the property involved in this rezoning request is attached hereto. The property involved in this rezoning request is currently occupied by an old residential building located on the back portion of the lot. The proposal is to remove this structure and to construct a double bungalow unit on the front half of the lot. A sketch showing the manner in which the proposed 'bungalow unit will be located on the lot as well as other specific information related to the characteristics of this project is attached hereto. The applicant has submitted a petition signed by 67.8% of the owners of land within a three hundred square foot area of the property to be rezoned indicating that they are in favor of the rezoning. 32.2% did not sign the petition. A copy of this information is also attached hereto. __t is staff's opinion that all of the requirements of the city code relative to lot .rea, setback, coverage and off-street parking requirements will be satisfied if the project is approved for this property. Staff has evaluated the land use issues related to this project and feels that it is consistent with the intent and proposal of the comprehensive plan, which recommends the land be used for single family and related single family dwelling type uses. Double bungalows are similar in their development and use characteristics to single fani ly homes and, therefore, should not be considered incompatible with single family residential uses. Currently, the City Code requires rezoning for all double bungalow units. The Commission will have an opportunity in the future to discuss the merits and demerits of amending the code to make two family unit structures a matter of special use permits within single family residential zoning districts. However, to date, the policy of the Commission has been to treat double bungalows as similar to single family and thus grant rezonings for these units where justified. (Examples are at 7005-7007 Portland Avenue and recently 6500-6508 23rd Avenue South.) The only reasonable alternative to the proposed double bungalow unit would be another single family home or purchase of the property to expand Christian Park out to 14th Avenue South. The latter of these alternatives has been discussed with the Park and Recreation Department and it is still under study. Mr. Roynrud has consented to sell the back portion of this lot to the city for park purposes, if the city desires to purchase it. This alternative matter should be discussed by the Commission, and if the double bungalow request is denied, a recommendation for purchasing a portion or the total property for park purposes should be made to the Council. Planning Commission Agenda -2- December 19, 1972 Continued Item #1 continued Staff has no objection to the rezoning of this property from "R" to "MR" to construct a double bungalow. Although the Planning Director wishes that a little more imagination could be used in the design of the unit, he acknowledges that economic constraints prevent the developerfrom doing more than is shown on the building plans for the project. If the Planning Commission agrees with the recom?endation of staff, it should recommend its approval subject to the following stipulations. f 1. Apartment use permit for the project be approved by the Planning Commission I and City Council j 2. Off-street parking contract for the project be approved by the City Council 3. Landscape and lighting plan to be approved by the Planning Director 4. Building plans to be approved by the Chief Inspector and Fire Marshall 5. Drainage and grading plan to be approved by the City Engineer 6. Electrical and telephone service into the project to be installed underground. 4 5 . k4P 7� W a L r— S�'o 0 60 -- ise.z ZI 4.4 iga.z a 0 v 1'y`tio `,lti ° ti G370 ° (°ll0 M b'S\le b\\o d 1 b on bo ,� 60%0 Line IbeS ' s. o{ 4 .ql° araW wi i ht E.i W.1/4 IInG Sw;6 1.10. ao io Z No ST.wld4hsonPl2�lor 69fh EAST -71Z W a ZI .34 J bS:20 �,/O y. Jo ►` bgpU 1 i` N ' I .. 00 M;p .,00 loot, 1• L 4l00 0 r j•31 133.32 i .31 1i3.3 14 4zjz °° 3 14 35°° 3 153 13. 3.2 33.E 13 0\0° 'tioo 4 13 qS°J 4 33.Z I31 .t 33.Z 0o qyo 3z MU 1j ,\°°°°G 1► °�°0 %-6°0 G 3'!.3 3. 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Ac. i�zb % to �° I 0)0 00 ,Qto Z I .," 2 690o j 13G.2 t1.1 ;t. .11Ac. 8 6° -01 b l .00° 3 l000 avid' DY°o 4 1 1Y "p0 4 ;t. s m.55 ll k 7iIo` zl. L 3 it 3 19 Ac 11 1Z., 600 . 00 -� �A ''p " AREA PROPOSED FOR REZONING - From Residential to Multiple Residence QSIGNERS - 67.8% of property owners within 300' radius of proposed rezoning in favor. NON -SIGNERS - 32.22; APPLICANT — Ronco Inc., 601 West 66t1i Street, Richfield, Minn. LEGAL DESCRIPTION — The south 86 feet of the north 172 feet of Block 7, Richfields Addition. Parcel 6600, Plat 46190. E. S. 12/12/7'2 1 99 J66 Single Family REQUEST FOR REZONING FROM TO FOR THE FOLLOWING PURPOSE to build a double b Anjglow LEGAL DESCR IPT ION: 6605 14-th € ve ® So. plat- 46190 parcel 6600 VIE, THE UNDERSIGNED, BEING OWNERS OF LAND WITHIN 300 FEET OF THE LAND ABOVE DESCRIBED, DO HEREBY CONCUR IN THIS REZONING REQUESTo 1 s 1 r,K1,:TIIRF OF OVINERS ADDRESS LEGAL DESCRIPTION ter _ _ I 1 / 20 fz- 5 IL �r"i`Lr'.w D KI 99 1/1/66 Single Family REQUEST FOR REZONING FROM in FOR THE FOLLOWING PURPOSE to build a double bunglow LEGAL DESCR IPT ION: 6805 - 14th Ave • So • Plat 46190 Parcel 6600 VIE, THE UNDERSIGNED, BEING OWNERS OF LAND WITHIN 300 FEET OF THE LAND ABOVE DESCRIBED, DO HEREBY CONCUR IN THIS REZONING REQUEST® SIGNATURE OF OCINERS ADDRESS LEGAL DESCRIPTION a I i 1 I DATE December 19, 1972 CITY OF RICHFIELD PLANNING COMLXISSION AGENDA DECEMBER 19, 1972 Item #2 Case: 72-R-3 Originating Department: City Council Action Requested: Rezoning from "C-2" general commercial to "MR" multiple residential Exhibits: Site location map, report from architect for the project as enclosed with December 19 agenda; concept plans to be presented at the Planning Commission meeting (December 19, 1972) The House of Prayer Evangelical Lutheran Church of Richfield requests approval of a rezoning request from "C-2" general commercial to "MR" multiple residential for 2.61 acres of land which it owns at the corner of 78th Street and Chicago Avenue South. The purpose of the rezoning is to allow the Knutson Development Company, the prospective buyer of the property through a contingency contract arrangement, to proceed with plans to construct a six story, 162 unit high rise apartment building for the elderly and handicapped. A sketch plan showing the location of the proposed project is attached hereto. The rezoning request has been referred to the Planning Commission by action of the City Council which initiated the rezoning at the December 11 Countil meeting. The Commission ;s aware that rezonings can be initiated as a matter of petition or Council initiation. ae petition approach, which is the one most cow nl used for rezonings in Richfield, requires 51% of the signatures of the owners of2�`ithin 300 square feet of the - property involved in the rezoning. The church requested the Council to initiate this request when it was frustrated in its efforts to obtain the required signatures from 51% of the owners of lard within three hundred feet of the property involved in this rezoning request. Apparently, the church was unsuccessful in persuading the current owners of the Heritage and NBC apartments, adjacent to their project and owning enough land to prevent the church's obtaining required amount of signatures, to sign their rezoning petition. As a result, they approached the Council requesting them to initiate the rezoning. The Council felt the request was justified, thereby initiating the rezoning. However, the Council made it clear that it initiated the rezoning only to give the applicant an opportunity to have his request heard by the Commission and the Council. No committments were made to approve the project and the Commission should keep this in mind during its consideration of this request. The information submitted by the develop--rs of this project was transmitted to the Planning Department at a time very close to the closing of the agenda of the Commission for the December 19 meeting. Therefore, much of the information of this report not been properly analyzed by the Planning Director for purposes of gaining more than the very general knowledge that he presently has of the project. Also the information has been scheduled to be presented to the Interdepartmental Plan Review Committee at a meeting at 10:00 a.m. Tuesday morning, December 19, 1972. Therefore, it is not expected that a full report will be available to the Commission for its consideration at its December 19 meeting. Because of these circumstances, the Planning Director does -got have a recommendation to include within this agenda letter. Perhaps the Planning _rector will be in a better position to advise the Commission on this request after lie has had an appropriate time to consider and evaluate all of the information contained in the report and presentation of the applicant to the Commission on this matter. •0, J 34-og 0 .5 3 60 2. W a IO 5 ^ 134.07 5,0 .o do 9 p 5°0 V134.0 9do 53 .. 412 z8 - — 34 ,3o• bJ �yql � 341 }4 3 34 15 4%e dow 34.14M 6 '' = m 34,11 7 -" D 34.Z1 J 8.1 o34 Zr 9 ,0 34.2300 w 32 G V 11 5A V I � V Z 132. 6-3 ° ; 32 3 16 po 3 32 G5 � 132.c5 14 �ti� '_13 , 5 2c8 _ °p �� l 32. GB 13 "+°p -�teg 1 z.c /32 0 It 1`0° 7 r3Z L +,.pO 152.71 aps !32 72 e ;32 72 3 10 ,hoop �o ,1 j 2 73 NZ.73 10 " oo 7 Wb7 13Z7 q Op 33 33 I3. Q pgroi o{ A17Vrica h is51an5 ay' fhe ; u�us7`ar7a Luthe Church f*- �Vr (;� .5.00 Ac. W I3� 33 ^ 1�4.1 °o 14.1 ev I i qo r b�0Ob I N r Z 12 O SQ, �H3 14.15 13.-"e' ti ° 4 11. p? 11 or j0.5 11 2 — c. 0 10, 7 0. 7.4"0 N - E65c95 0�.. I 1 - A. �..._ 985.41 • 4 ZB deed 4r.0. 6/Z4/ss '� I ST. ^h ® SITE LOCATION DATE December 19. 1972 CITY OF RICHFIELD PLANNING =-24ISSION AGENDA DECEMBER 19, 1972 Item #3 Case: 72-SP-8 Originating Department: Planning Department Action Requested: Special Use Permit for car rental business Exhibits: Site location map, plot plan of proposed car rental, gasoline service, and car wash business. Messrs. G. A. Rooney and P. J. Marinovich request approval of a special use permit for a car rental business to be operated as a part of the existing Standard Oil gasoline service station with car wash facility, at 1400 E. 78th Street. A site location map showing the location of the station property which will be the site of the car rental business is attached hereto. The intent of Messrs. Rooney and Marinovich is to locate nine rental cars on the station lot to be used by customers of the station and those staying at motels located along the I-494 corridor. The car rental business would be an income producing business for the gasoline service station which has experienced over the last few years difficulty in sustaining itself as a profit making venture for the applicants. At first analysis, the Planning Director was concerned that by making this car rental usiness a part of this operation, the site would become too crowded. However, inspection of the premises indicates that enough usable space to acconuaodate nine or ten rental cars is available to this property without creating overcrowded conditions on the site. A plot plan indicating where the rental cars will be located in relationship to the other activities of the station is attached hereto. Staff has no objection to approval of this special use permit subject to the following stipulations: 1. No more than ten (10) rental cars to be located on this site without first renewing this permit. 2. Amended off-street parking contract for this station property be approved by the City Council.. 3. Boulevard trees, as shown on the plot plan, to be planted by the applicants as a part of this business improvement.. k co �136 ~�133.Id �o 14 °° 3 ' 133.Zo .Zo 133,Z I 131 Z 13313 1 13123 1600 �Io0 3.24 133.24 133.24 0 SITE LOCATION i. T h133•z N 14b r h ►5. S°° Z. y�OD l� ti0D 4. r 10.5 �SDo 7 r 30 1 3or 4- 40, V' I n 21 14 AgpO �100 5. z p IA •,c° 10 k o ��° 7Q. N 9. `0° apo° Z 7 9 ss . ll'o 1 D V N 10 � n goon ti r ooeolZ a 30 30 ,s3 eb. A I g 2 (wo) I I 1.78 I I 135' 46' 39' F—EXIT— U) PROPOSED ad 1 ADDITION ' N w �� 10 45' a, 9 REN —A—CA EXIST. 2- BAY 34' I + 6' N GAS STATION ( 2 Employee Scale g Parking 1"= 20' I 1 1 Empl. 2 SpIces ' PARKING SPACES Prkg. Sidewalk—� Sidewalk p I o I + Space Existing Overhead Sign I I 20' LO r GAS PUMP ISLAND :D � N N Represents 2" Blvd. Tree I� (Sugar Maple) I Employee ( Parking Space _ 13 5' _ _ Drainage T 22' I + + T 22' ( Swail 1 \ Service Road DATE December 19, 1972 CITY OF RICHFIELD PLANNING COiLMISSION AGENDA Item #4 Case: 72-SP-9 Originating Department: Planning Department Action Requested: Apartment use permit for twelve unit apartment building Exhibits: Site location map, sketch plan of project previously approved for subject property, Council letter requesting release from previously approved project, new site and building plans will be presented at the Commission meeting. Belmar Builders request approval of an apartment use permit to construct a twelve unit apartment building at 211 W. 76th Street.; A sketch plan showing the location of the proposed apartment building is attached hereto. The subject property is currently zoned "MR" multiple residential and had previously (1968) been approved for the construction of a similar twelve unit apartment project which would have been developed by a different sponsor. However, because the developer of the project could. not successfully obtain a private easement providing access to this land locked piece of property from W. 76th Street, the proposed apartment has never been constructed. A sketch plan showing the site development characteristics.of this project as well as the Council letter explaining the circumstances under which the previously approved project request was with drawn are attached hereto. At the time that this agenda letter was being prepared, the architect for Belmar Builders was in the process of refining the original plans submitted to the Planning and Inspection Departments for review. Therefore, the description of the project that follows is subject to some minor changes which will be described more in detail when the developer presents his plans to the Commission on December 19. The proposal is to construct a twelve unit apartment building similar to the one approved cn this property in 1968 with some modification. The building will be three stories rather than two and one half stories high and the garages and parking areas will be oriented to the rear of the lot, rather than to the side along the railroad tracks and front of the building as previously approved. The twelve apartment units will be divided into six one bedroom and six two bedroom living areas. A negotiated automobile easement parking access from 76th Street into this property has been secured from the owner of the property north of this site. Automobile access will be provided by way of a two lane private driveway. Pedestrian access will be provided for in the form of a private sidewalk into the project. The project shall provide 1.5 parking spaces for each unit and at least one of these spaces shall be within a covered garage. As far as can be determined, all other aspects of the city code relative to apartment project, with one exception of the height restriction, have been satisfied by this proposed project. It is the Planning Director's feeling that the site plan prepared for this project is an improvement over the one formerly approved for this property in 1968. Unfortunately, because of its proximity to the 'IN and S railroad and the City's municipal garage there is only so much that can be done in terms of enhancing the appearance and functional aspects of the project. Nevertheless, this proposal should be one of the better projects approved for this area. Therefore, staff recommends that the apartment use permit for this project be approved subject to the following stipulations: Planning Commission Agenda -2= December 19, 1972 Continued Item #4 Continued 1. A variance from the two and one half story height restriction be approved for this project by the Planning Commission and City Council. 2. Off-street parking contract for this project be approved by the City Council. 3. Evidence of the private easement providing access from 76th Street into the property be reviewed by the City Attorney and filed with the City as a part of the off-street parking contract. 4. Landscape and lighting plan be approved by the Planning Director. 5. Building plan be approved by the Chief Inspector and Fire Marshall. 6. Drainage and grading plan be approved by the City Engineer. 7. All electrical and telephone service into the project be installed underground. V/ q m r O 0 D O z t ,.> , hem �seO /yap /pep /1.e Ilse /eap 700 '7S0e »b Ago, 1Se. W N n 30 72.1 75 5 2.13 G3. ' • I 75 o GRAND AVE.o 0- 11 15 �,.. .. f� s _ ENT uti �IT`J3NrrJ NL aD *RER TE AM u /3 y ,S PLEASANT AV% o > r S LgbjANT! icy vo 24 t41.1 50 ;/ )o, 7 _ N . p 75 14 4't` `AVE. 3URY PILLSBURY �o P W ` �9.a Sys-oa 510_21 So. ' • l4 5 e _ t Olb 1p N ORTH WENTWORTH AVE. W- 2 75T 75T 711 Fes.. 3: T u f+ A + e �Sse 1L ee �7oe �S.p are I ✓ee° �0.19 1i lZ.l7 ilea J/O �obn /9s. ��e �7ee �fao DSO° I N I _ yBoo i YBSe yS�e �Sp f� -� e.o SC �s " F 1 E R CUa 118 \YV . E - 7 - a 76 t n S T. N I 11 SCALE= 1"= 40' I?EMLOPER: ,LEGAL DESCRIPTION: USE: NO. , PAP,`_KING SPACES: LO•.� AREA DATE OF APPLICATION: COJiiCIL ACTION: r 30'--- 2 4' { " 10 22 22 24 Land5C3Dl.n 1 Russian Oliva 2 Black Hills Spruce •3 '.ontana Pine 4 Little Leaf Linden 5 S-117/2r Maple 6 Redmond Linden 7 Liarshall ° s Ash 9 Arro-snood 110 Maaey Juniper i 12�i 1 I I CDL� 12 AYaniiybeziy ! + i 14 Siberian Arborvitae a rs' ! ! 15 Golden Ni-aebark - ! s I ! I ! r f f f 2 ;16 Tallhedoe Buckthorn N C9 4Z-3-x 12 t(72 PROP_ �35 _. I00 Gri in,•� f� 1100 3 L D G. \7 C: `Jf 5 �! 2 9 -' N f ?�z2 I 16 APART`-•��iT USE PERMIT OFF-STREET ?ARKTNG NO. 68-16 -'•--4",..:z--al-�---P��,=f-.=:r}O=�-''_.'x-.z=�''}4:1-�';-��,=a-t--S-o-> -(-:�.=-.:v�1� `,�-�',��.�,1--=•,--��-a-:�- �- _ ,--7--1--��'_•-?-�=s��-3=- :'vim,-s-o , Skyline Builders, Inc., 2317,Central Avenue N. E. Skyline Bu:ildars, Inc., 2317 C ntral Avenue N. E. The West 152 1'eat of Lot Z and the West 152 feet of the North .�5.. featlof :.cat, Block 4, R. C. Soen's Addition 221 Nest /6th Street, One 12 unit Apartment Building 12 Parkim, spaces 10 car garage 22,800 Sq. Ft. 'larch 19t.h, 1960 May 2i1th, 1968 P. M. 5/20/63 RESOT U?1I0;4 rEf ATIfJC TO R Lam' OF- BOND Oil 017,`-STRTT T PARKIt1C: f ,yD RE S G A USE PER SIT Si-yl.ine : u-i dens, Inc, 3647 Nc'Kinl y Street INT. E. Lo^aL cn: 221 i4 _,st 76th Street Use. One 12 U it t Apartment Building S',cylare .guilders, Inc., 364-7 le! 1-Kin Icy -.r7treet N. E. apol" Mi za P_ e1 s, P,ii:taresot¢, had an off-street parking agreement with the City of Richfield relating to 221 test 75th Street, which contract bears Line designa;.ion of Contract No. 1077, and which contract was guaranteed by a bond of the United Pacific Insu-_ance Company, Tacoma, Washington, in t'na amount of $4,500.00, and i•;i-[E EAS, it has been determined that: this project will not be constructed and -Lhe United Pacific Insurance Company, Tacoma, Washi —ton, now seeks to be relieved of any urt.her obligation under said bond, and �iE1?,EAS, there appears i J be no justification f .tor requiring' Skyline Builders,, Inc. to conitinue to provide a bond for security oIi the performance of said agreepzent. NOW THEREFORE, BE IT RESOLVED by the C i ty Council of the City of Richfield, Minnesota, as follows: That the City Manager :is hereby- authorized and directed L-o releaSe the United Pacif _c Insurance Company, Tacoma, Washington 1J:C Ein}7 and ?l'. acts of ikylin? EI11?deTes g Inc. q CC3I11- „.ted or incurred 'iin violation of ,.'•v?id Contract jjo., 107 / row and af ter the l2ch day of January, 19 70 , and That the Apartment Use Perm -It- granted by r,o Ci-y Council on the 27th day of May, 19 S for the construction of thi..s apa: cmeut building, li hereby -rescinded. Adopted by the City Cot,cjl of tlacCiwy o-_ ichfiel.d thiq12Lh day of :January, 1.970> A:cTES1 CITY CL Fey ,.f CITY OF RICH= IELD, MInMESOTA Office of City Manager Council Letter No. 7 Aenda of January 12, 1970 The Honorable Mayor and M,Ambers of the Council , 'Gvr:tlemen: . Subject:: Off -Street Parking Application No. 68-16 Contract No.-1077, Location: 221 West loth St. Use: One 12 Unit Apartment Building The above referenced contract was issued to the Skyline -Builders, -Inc on the 23rd day of July, 1968 coverink, } o �.he parking lot, barrier- cur'ti, and landscaping as shown on the sketch which is part of the contract. The bond is in the amount of $4500.00. This piece of property is located along the Minneapolis, Northfield and Southern Railroad tracks just south of 76th Street and to the rear of the apartment which is presently located -on 76th Street just east of the tracks. The entrance to this prop- erty from loth Street would have been a 30' easement just -east of the railroad tracks. 1 it appears, according to the correspondence that we have in our files, that one of the questions was t'he ownership of this 30' access strip and the proposed purchaser � of this property was not satisfied with this portion of the purchase and -therefore never attempted to build this apartment. We have received a letter from the Contro.11A er of Skyline Builders, Inc., of fwhich a copy is attached, requesting that the City Council release the off-street Marking bond and at the same time release the apartment use permit which was granted g to this concern in May of-1968. A copy of a sketch showing the proposed layout is attached City Co�incil action to rescind the action granting the off-street parking contract and special use permit will eliminate all specific municipal approval for this proposed apartment construction at this location. WSBIer Enc. 2 cc Director of Public Works Planning Director Respectfully submitted, Wayne S. Burggraatfl� City Manager DATE December 19, 1972 CITY OF RICHFIELD PLANNING Cu:I°IISSION AGENDA Item #5 Case 72-V-7 Originating Department: Planning Department Action Requested: Variance form two and one-half story height limitation for i buildings constructed within the city. Exhibits: (see Item #4 of this December 19, 1972 agenda) Belmar Builders request a variance from the two and onehalf story height limitation required by Section 3.33, Subdivision 3 of the Code. The purpose of the variance is to allow the applicants to construct a three story apartment building on property located at 211 W. 76th Street. A description of the proposed project, as well as a more detailed explanation of the essential features of its proposal are contained in Item #4 of tonight's (December 19) agenda. Section 3.33, Subdivision 3, which imposes the aforementioned height restriction, reads as follows: "Subdivision 3, Height Regulations. No building shall hereafter be erected or structurally altered in the residence district to exceed thirty five (35) feet or two and one half (22) stories in height subject to modification and exceptions provided in Section 3.39 of this Chapter." The developers reason for constructing a three rather than a two and one half story building is to prohibit the construction of any unit within this proposed apartment project below the surface grade level of the building. This reasoning is consistent with past policy of the Commission which discourages construction of living units within any multiple dwelling project from being located belo:•, the surface grade level of the building. For this reason, the Planning Director feels the variance is justified and recommends it be approved by the Commission. The Commission, in its deliberations. on this request must consider and determine that the special findings of Section 3.40, Subdivision 6, Paragraphs 1-3 of the city code can be and are affirmatively satisfied by this request. Section 3.40, Subdivision 6, Paragraph 1-3 reads as follows: "Conditions Upon.Grant of Adjustment or Variance. Before granting an application for an adjustment or variance, the Council must find: (1) That there are special circumstances or conditions affecting the particular land, building, or use referred to in the application, not common to other properties in this or similar districts. (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. (3) That the granting of the application will not materially and adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in this neighborhood. At the meeting, the applicant shall present a statement and evidence in such form as the city may require to show these facts." DATE November 28, 1972 December 19, 1972 CITY OF RICHFIELD PLANNING COMMISSION4, AGENDA Item # 6 Case: None Originating Department: City Manager's office Action Requested: Proposed ordinance change Exhibits: Ordinance proposal, as attached. - The Commission continued consideration of this item from its November 28, 1972 meeting. The City Managex has requested that the Planning Commission consider the attached ordinance proposal which establishes regulatory measures aimed at controlling location of junk cars at gasoline service station sites within the city. The manager is requesting that a recommendation on this ordinance change be developed by the Commission and referred to the City Council for consideration at its December 26, 1972 meeting. �"I' '. T:?T� t ri "mot 4T? SECTION 6.02, SiJ DIMS O S 2 and 5 O_<<' THE ORDINANCE COD= 01F TH-1, CITY OF Rl_C!)F TFI,D, C'I`i.'Y UP RICH)-'IELD DOES ORDAIN: Chapter VI, Section 6.02, Subdivision 2 of the ordinance code - of the City of Richfield relatir! � to crasoline and oil service stations, is amended by adding -the follo,•;i ng paragraphs " (2) Tile term "junked motor vehicle" means a T:2otorvehicle Lis Clef LnE'd 1n i`71Ii.n�'SOta Sta"_UieS OeOt4 o ? 169. 01, ,dP_1Ch 1S lc`iCk1nC in vital component parts, or is in an inoperable condition such that 1t has no substantial further use consistent <,,1th i Ls usual functions: "Vital component parts" _means -those par-cs of a motor_ vehicle essential to its mechanical functi.o.!ing, including but -rt01 J -=Lm1 Lea to, the motor, drive t=a' n, and wheels. (3) "'Motor 'vehicle in need of repair" means a motor vehicle Vlhich is inoperable and t%,hich has been received at a gasoline serVlce station, 1n the normal course o� its business, for the performance of minor automotive maintenance and repair." Chapter VT, Section 6.02, Subdivision 5, paragraph (2) is repealed and a new paragraph. to read as follo:as is added: " (2) (a) Junked vehicles ma-,i nod be stored or kept on service station premises except pursuant to police directive. [,then so s t,ore_d jun-ke-d vehicles shall be suitabl�r screened from pub is view. _ Motor vehicles in need of repair may be stored or _ kept on service station premises fo_ a period not to etcceed seven stays. Any vehicle so stored or he-t shall be plai nlv .roar red by a placard or poster supplied,by the ci s , 11/2 >, 11 inches in size, placed 1n a co-i picuous location ir_slde t';. Veh;LC IE_,, bea_rin-; the -terms: "This vehicle received by this station for repair on l motor vehicle in need of, repair ma:7 be s-Lored or k 'in excess of seven days pursuant to police directive, railuie to post a V riio-Lor vehlcle as required b_y this P a agrap is unlawful. Passed by the City Council of the City of Richfield, Minnesota, the day of 1972. Attest: Clerk Mayor DATE December 19. 1972 CITY OF RICHFIELD PLANNING CMiDIISSION AGENDA Item fir` 7 Case: None Originating Departments: Planning Commissioner's Request. Action Requested: Discussion Exhibits: Concept plans to be presented at the December 19 meeting. Commissioner. Wozniczka has requested an opportunity to familiarize the Commission with concept plans developed as alternatives to the traffic circulation land use proposals of the Comprehensive Plan for the downtown business district area of Richfield. DATE_ December 19, 1972 CITY OF RICHFIELD PLANNING COMIISSION AGENDA I tern # g Case: None Originating Department: Planning Department Action Requested: Announcements Exhibits: None The Planning Director will announce recent developments on those subjects reported on the front page of the December 19 agenda. Also all Commissioners are encouraged to bring up for discussion any old matter of business i requiring attention of the Commission before the end of 1972. I