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CCMin_64Nov4_Special
2180 SPECIAL P~EETING OF NOVEMBER ?~, 196l~ u 1 LJ Pursuant to due call and notice, the special meeting was called to order at 8s00 P.M. Purpose of the meeting was to hear from citizens regarding application to rezone a part of Lindig's Addition. Present were Mayor Harold Nilsen; Trustees Millis Warkentien, William Black, and Charles Stone. Also present wereEngineer Bradford Lemberg, Attorney Michael Galvin, and Deputy Clerk Tina Vavoulis. Absents Clerk W. A. Mortenson. .HEARING Pdayor Nilsen read the Notice of Public Hearing as published on September 9, 196t~ Rezoning a part of Lindig's in the legal newspaper. He advised that Additions under date of October 16 notices were sent to residents..concerned with this rezoning. The recommendation of the Planning Commission as contained in the minutes of the meeting of October 1J~, 19bl~ was read. Art Lindip: I am in favor of rezoning. Moneyv~rise, I will not gain anything. The village will gain considerable in taxes. It amounts to approximately a revenue of X1.700 to X1800 a year. If I leave it vacant, it will bring in only about X15 a year. As far as value, T can get 3ust as much either way. In ten years, that amounts to quite a little. As far as devaluating the property, I cannot see it. I have my doubts on that. It will benefit the people tax mrise. Police and fire hazard - that isn't the kind. of building that will be a hazard. If there are any questions about it, I will be glad to answer them. Cleon Garley The only argument I put forth is that I would think that Builder: this lot would look better. Usually when you have larger buildings, there is more room for side yards, front yards, parking is better too. The alternative would be to squeeze a building on a smaller lot. In this case, I envision the larger building. As far as encroaching on the Village, the Village can put an end to that any time it wants to - each time an individual zoning action comes up. I don't see any appreciable difference in zoning this fifty feet. I do plan . a luxury apartment building probably the nicest ever built in Falcon Heights. I think it would be an asset. School children - everybody has their owri idea about that. I can not change anyone's idea about that. In Roseville, they have .rude a very real survey and there has been an average of 1.5 children per apartment unit. 'That is indicative of the usual. The taxes run from $300 to ~~.00 per unit. There is a tax break. Florian Lauer I would like to speak in opposition to the proposal. To 173b No. Tatum: begin vrith, I think if we consider a tax situation, if there is an advantage to converting A-1 land to R-3, by extension, we can zone the whole Village and load it with apartments. I think for the rest of my arguments, I have them summarized in a 1e tter I wrote the Village Clerk about a month ago. The arguments are: 1. It does not appear to be a vat id reason for extending the currently zoned R-3 area, that R-3 area is unsuitable for R 1 because of its proximity to Larpenteur Avenue. 2181 2. The area. presently zoned R-3 extends a sufficient distance to the north from Larpenteur Avenue for building of R-3 multiple residential units. 3, The present zoning plan was only recently adopted. If this petition were granted, a precedent would be set for circumstances of a similar nature. ~., Depreciation of property value is a certainty, It's no secret that one family residences wi11 be depreciated. Emil Anderson I agree with all the points that j~ir. Lauer has raised. 1707 Fairview: He has presented his case fairly and justly,. Further, if i-~is rezoning were permitted so that apartment house can be built, it wi11 now lie bet~reen two family residences - it would, in effect, do away with the original intent of the zoning law, which was to allow a buffer bete~een Larpenteur Avenue and R 1 zoning. If this were done, I can see another line of apartments down Lindig Street on the other side and there would probably be no reason why this should not be done. Arthur Lindig The original plan was actually 500 feet and we bacl~ed drn~n to 200 feet. Joseph Bianchi: I feel that there was special consideration given this property at the time of the re-zoning of the Village. Perhaps too much was given and we wouldn't have this problem now if we had stuck to the same line on the east as on the west. At this time to ask for more would only ask for more people wanting re-zoning of their property. If the Village is going to maintain a zoning ordinance, the Village has an obligation to maintain the plan, James Tarbox - I have just looked at a map which has been handed to me. Attorney for Lindig: I find on examination of the map that none of these objections are from people adjacent to the property under discussion, host cf' them are quite a distance from them. T cannot see that they have very much interest in the matter. Idir. Bianchi's property is at a distance of 135 feat north of the property. R+sr. Anderson's is over 23$ feet from the nearest point. ~Ir. Dowdell is 250 to 275 feet away, None of these gentlemen will in effect be influenced in any appreciable way, Perhaps they don't realize how far away this little piece of land is. It is on the back end of the lots of these property owners. I think it is highly probable that sooner or later the gentlemen who own these long lots wi11 in fact reconsider what was their original opposition here and want to join into this improvement by selling off the back end of their lots. The other people here that have not signed are a long distance away. ~'fr. Lewis is over 200 feet away. T submit to you gentlemen that little things must yield to larger things. The little objections must yield to the great advantage of improving the property for the benefit of all the people. The apartments wi11. be a definite benefit. It is contemplated there will be no children. Permission should be granted for this slight variation from the code for the propose of building this apartment. 1 1 !1 2182 Mxs. Frances Laba- The situation that has developed regarding the apartment lestra - site will directly affect our future home which is 1899 Larpenteur Ave. directly behind, The zoning of this area should remain. I realize the majority of people would like to keep it as R-1. Bianchis In answer to the 'little things, To me the sale of ~ property is not a 'little thing.' I have an opportunity to sell the land and they will not buy it if you put your apartments there - then anything can happen east of there, too. If the Council does not take a stand at this time, you will not have a residential area, you will have an apartment area, Charles K. Otis - The Planning Commission considered this and I think 1757 Fairview: all of us on this commission are mare than 30U feet from the area and are not involved personally, but the biggest objection is the thing that Dr. Anderson brought out here. It would then permit R-1 next to Larpenteur with apartment between the existing house and other residential area. Vice thought it would be very poor from the village standpoint. Tt deviates from the purpose for which this zo Wing plan was adopted. Attorney Tarbox: The answer is this - txiere is a piece of land now zoned multiple dwelling between Lindig's house and the resi- dential zoned part of his property so that in any event multiple dwelling is zoned so the piece of land on his residence and the piece lying north of this proposed variance merely adds 53 feet tti it, which would make it a more feasible development in a multiple dwelling con- struction. It has no connection with any of these people except in a small degree. Tt does not affect their residences. I cannot see any real effect. The weight of their objections does not seem to me to be very serious. John Strait Of course, we live far too distant, but I feel a valid 1763 Fairviews interest in the zoning as adopted by the village. If this can be changed bit by bit, there is no validity iri it. There is a possibility of apartments back of my property, then. I feel there should be a more compelling reason. Bianchi: If they need additional property, Mr, Lindig has his home. He can use this unless he doesn't want to move. If they want 17 units, Mr. Lindig should be willing to sacrifice his home and not someone elses. Anderson: I do not agree that those of us who are more than 200 feet away have no interest. Certainly the whole develop- ment is of real importance to the whole village. If this were permitted to be changed, the next step would be to widen this multiple housing strip and go east right behind our lot, the next closest piece would be for an apartment, too. Lindig: We don't want to extend this any further than the 53 feet, `T'hat is the way the property should have been in the first place. 2183 Lauers Bianchi outlined the problem beautifully. We have a situation here where the apartment would go in right in between homes. That is the problem. Larpenteur Avenue as R-3 is a good buffer. Lindig: I own all this property, it is not affecting any of the other residences. Nilsens A11 property corners within a radius of 300 feet were notified, in addition to the proper legal no Lice in the paper. The old ordinance involved owners within radius of 500 feet, and it was cut down to 300 feet. T would like to add that Mr. Schwantes is building a home some 2 or 3 lots north of the area, and he asked me to state his position as opposed to the granting of the re-zoning. Tam not sure he is within the 300 feet. Mayor Nilsen commented on the studies made prior to the Resolution Denying adoption of Ordinance 61~. He reviewed part of the Petition and Application issues .that were brought up at that time. He then for Rezoning: introduced the following resolution and moved its adoption: ti~iEREAS, Arthur Lindig, the owner of the North 53.51 feet of the south 353.51 feet of Lot 5, Block 2, Lindig's Addition, Ramsey County, Minnesota has made application to the Village Council of the Village of Falcon Heights on September 9, 196l~, for rezoning of said. property from R-1 to R-3, and ~~`S, said petition was executed by 5© per cent or more of the property owners abutting the land affected, and ~ISREAS, said petition was referred to the Planning Commission of the Village of Falcon Heights for a public hearing and the recommendations of said commission, and I~dHEREAS, mailed notice and published notice of~ the Public Hearing on said petition was given, as required by ordinance, and V~H~EAS, at said public hearing held by the Planning Commission of the Village of Falcon Heights on September 30, 19bt~, all opponents or proponents of the proposed rezoning were given an opportunity to be heard orally or in writing at said meeting, and. ~~IF.RFAS, the Planning Commission after study of the Petition, adopted a resolution denying the request and made a written report of their recommendations to the Village Council on October 1)~, 1963, and o~tH:EREAS, the Village Council then called a public hearing for idovember ?~, 196t~ on said Petition pursuant to the applicable ordinances, and 1 1 ~~iEREAS mailed notice of said hearing was given on October 15, 19b1~ to all affected property owners and 2184 ;1 i~ ~~~ ~~ and published notice was given on October 21, 1964 in th® Village legal newspaper, and WHEREAS, the Village Council of the Village of Falcon Heights has considered, in addition to the oral and written statements presented. at said hearing, the health, safety and welfare of the community existing and anticipated, traffic conditions, light and air, danger of fire, risks of public safety, the effect on the values of the property in the surrounding area, the effect of the proposed rezoning on parking facilities on ad3acent streets, and the general welfare of the community, NOW, THEREFORE, BE IT RESOLVED, the petition and application for rezoning of the above described property be and is hereby denied by the Village Council. The motion for the adoption of the foregoing resolution was duly seconded by Black and upon a vote being taken thereon, the following voted in favor thereof: Nilsen, Warkentien, Stone and Black. The following voted against the same: None. y~hereupon said resolution was duly declared passed and adopted. Dated this 4th day of November 1964. V~arkentien brought out the fact that this merely provides that the additional 53 feet will not be used for apartment building. Also stated that all R-3 applications for building. permits must be brought to the Village Council before the building inspector can act on them. Permit Request to Cleon Garley submitted plans far twelve-unit apartment Build 12 Unit building on Lot 5, Block 2, Lindigts Addition. Upon Apartment Building - review, Warkentien introduced the following resolution C1eon Garley: and moved its adoptian: Resolution Granting Building Permit to Garley Construction Company for con- struction of apart- ment building - Lindigts Addition: WHEREAS, the Garley Construction Company has or will acquire an interest in the South 353.51 feet of Lot 5, Block 2, Lindig Addition, Ramsey County, Minnesota, and WHEI~.EA5, the Garley Construction Company has made application to the Village Council of the Village of Falcon Heights for a building permit to erect an apartment house on these premises, and b~IHEItEAS, the Village Engineer and Village 1~ttorney have reviewed the proposed plans and drawings prepared and submitted by said applicant, and WHEREAS, the Village Council has declared that th® plans and drawings presented to the Council on November 4, 1964 need certain modifications and changes, and ~a"~III~.EAS, it is recognized the Garley Construction Company desired to commence work as soon as possibley 2185 NOW, THEREFORE, BE IT RESOLVED: 1. That the Carley Construction Company resubmit the plans and drawings with the requested changes and modifications for presentation to ttie Village Engineer for his approval, Resolution Granting 2. Said revised plans shall shovr the parking lot with Building Permit to the necessary fences or bumpers and shrubbery in Carley Construction - accordance with Village of Falcon Heights Ordinange 6I~. Lindig Addition: 3. After the revised plan has been approved by the Engineer, the Engineer will report the same to the Village Council, with a copy of said letter to the Village Building Inspector. ~. Upon receipt of the copy of the letter from the Engineer, the Village Building Inspector may issue the necessary building permit to the Carley Construction Company, provided that said final plan has been approved by the Engineer. 5. Any existing structures now standing on the property must be removed prior to the building of this apartment building. The motion for the foregoing resolution was duly seconded by Blaclt, and upon a vote being taken thereon, the resolution was adopted unanimously by the Council this ltth day of November 196l~. Lindig Street - Discussion was held about Northern States Power Company P~atural Gas Li.ness and natural gas lines being laid on this street inasmuch as Mr. Schwantes is almost ready to hook onto gas. Lindig stated that N.S.P, has turned him down and he had agreed to pay for the lines in order that this service is given very soon, Engineer Lemberg stated that plans have been approved by N,S,P, and the lines are set. Council members agreed to call the power company in an effort to expedite laying of gas lines, ti,rithout additional expense to property owners. Prepaid Assessments 1~arkentien introduced the following resolution and of 1963 Water I,~ain and moved its adoption. Black duly seconded motion. Sanitary Seaver Improve- ment to be invested: ~~IEREAS, the Village of Falcon Heights has received prepaid assessments on the 1963 Watera~ain and Sanitary Sewer Improvement in the amount of $15,687.17, and ,WHEREAS, it is to the benefit of the Village to invest the surplus funds in long term interest bearing investments, and ~~HEBEAS, -hhe Village financial consultant and. Village Treasurer have consulted with fiscal advisors, i~OF~t, TH ;BEFORE, BE IT R ;SOLVED: 1. The Village invest those surplus funds in U. S. Treasury Bills ~v:i.th a maturity of September 30, 1965 with an interest rate of approximately 3.72 or, in the alternative, invest the money in ~.~ savings certificates with a maturity date of September 30, 19b5 (provided that such collateral as is required by statute can be pledged), 1 1 1 2186 2. The Village Treasurer is hereby authorized to withdraw the necessary funds from the 1963 Water~~iain and Sanitary Sewer Sinking Fund and invest it i.n said securities, and to make adequate provisions for safekeeping of said securities. Upon a vote being taken, the resolution was adopted by the Village Council this ?nth day of November 196t~. Hermes' Property Mrs. Norbert. Hermes asked if permission were required North of Post to place barriers or small posts on the lot north of Office at 1707 1707 North Snelling Avenue. Galvin advised that No. Snelling: there is no necessity for }wilding permit - the property is not to be used for business purposes, Hermes stated that small 'highway' posts would be . placed on that lot so cars cannot park there. Sweeping of Village Stone moved, seconded by Black that the following Streets: streets be swept inasmuch as there appears to be no necessity to sweep all streets: The Falcon V~oods Area The Northome Area The few streets north of Larpenteur as is deemed necessary by the Engineer. Upon a v c::.te being taken, the motion was carried. Next meeting night Stone moved, seconded by Warkentien that the council changed: hold its next meeting on November 18 in lieu of November 11, which is Veterans Day - or November 25th, which is night before Thanksgiving Day. Motion was carried. Fry Street - A survey will be conducted by Warkentien and Police No Parking Signss Commissioner Don Arndt as to the usefulness of the 'No Parking' signs existing on Fry Street. Residents on this street were issued tags by police for parking i.n the 'no parking' zone, and raised~tle question as to the usefulness of same. -Justice of the Peace Warkentien moved, seconded by Stone that Paul Coppini, Appointment: 1507 West Hoyt Avenue, be appointed Justice of the Peace for the Village of Falcon Heights to serve out the remainder of the year of 196l~ or until a Justice of the Peace as determined by election at the December 8 Village ~Lection, is administered the oath of office. Motion was carried. Adjournment: Upon motion, the meeting was adjourned at l0:It0 P.P~. Signed: ~ ; . ~' ,~;) i7 1 ~~,11 ~~<r~ Village Clerk -~` ~ ~ ~~K.. Approved Mayor