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HomeMy WebLinkAboutCCMin_55May26_Public_Hearing517 i Hearing opened: PUHLIC HEARING, THURSDAY, bFAY 26, 1955 (Associated Investors, Inc. Rezoning Request dated May 6, 1955) The hearing was declared open at 7:10 P.b4., with the following council members present: Trustees George J. Shavor, Andrew Hustrulid and David P. Cartwright; Clerk Clyde J. Stewart. 1 1 Planning Commission members present: C. K. Otis, Secretary; G. S. Seaborn and Nick Christensen; absent: Lorris Williams and J. A. Gallaher. Also present: Village Attorney, Frank N. Graham, and Treasurer William E. Olsen. About 60 persons were in attendance. Purpose of hearing Acting Mayor George J. Shavor announced the purpose of the hearing awi that it was being held before the council and the planning commission, and that all concerned were urged to present their views on the request of the petitioner. Attorney Graham then stated that the Associated Investors petition, dated May 6, 1955, was presented at a meeting of the council on May 11, 1955, and that the council, in accordance with the ordinance, set the time, date and place of the public hearing, that notices had been posted as required, with copies of the petitionz and maps showing the two tracts on which the rezoning is requested. Attorney Graham pointed out that no rezoning can become effective without afour-fifths vote of the council. Mayor arrives. Mayor Robert E. Stenzinger arrived and took over conduct of the hearing at this point (7:20 P.M.). The Mayor then asked the petitioners if they wished to be heard. Attorney Anderson Attorney George Anderson, an officer of Associated Investors, Inc., told of discussions that representatives of his Company had with our Public Safety Commission Chairman on traffic problems, and with the Planning Commission on various plans for utilizing the Sacant land in the store development area. In connection with the proposed rezoning of Tract 1 and Tract2, Mr. Anderson said the petitioner would construct a building adjoining the back of the present shopping center, and that they had dropped the plan for an alley so any service would. be through one entrance. He said +,,he season is at hand where they must go ahead or leave things as they are. Said the area to be rezoned to business will enable the Aetitioner to build a building with setback frog! Snelling avenue, allowing for a mamimum of parking,thu~r~aaiuoin~h~arking in front of the build- ing on Larpenteur. Said the area to be rezoned to business for parking only was for those from doetors' and other offices on the second floor. This area, he said, would be fenced off and put in shrubbery and grass as the Planning Commission requested. Mr. Anderson said when the old zoning laws were adopted by the County they did not take into consideration the l~00-ft. setbacks required for shopping centers today, otherwise all of the petitioner's property would have been rezoned commercial at that time. -~-. . ,~ :. 5i6 W. F. Stepnitz Property manager of Associated Investors, Inc., said the rezoning of Tract 1 is asked to provide for housing five stores which will face Snelling. That deliveries to some stores will be made from Snelling avenue and that the trucks will back out again onto Snelling, dir. Stepnitz said that Associated Investors in giving up this land for store sites, would require the additional area in Tract 1 rezoned to business in order to go ahead with the store building. Under the proposed plan, l~r. Stepnitz said, there would be three times as much parking area as now. He said the area in Tract 2, which it is proposed to rezone to 3usiness for parking purposes only , will park 68 cars. He said the petitioner would screen in everything on the south of his property, also the east side of Arona, planting to shrubbery and grass as requested by the Planning Commission, Under the plan, he said, the drug store would occupy the building where Applebaum~s Store is now, thus eliminating much of the present traffic on Arona. In giving up the idea of having apartments in the area, he said the petitioner feels the present rezoning request is justified, also that they feel justified in asking the neighbors to go along with the request. Mr. Stepnitz said it was not intended to use the area in Tract 2 for customer parking, but for parking of cars of people from offices on the second floor of the Associated Investors building. Said the plan was the best they could come up with after meeting a number of times with the Planning Commission. C. K. Otis, Secy said he wished to point out the position of the Planning Planning Commission Commission. The Commission, he said, felt that the plan had some possibilities, They think, rRr. Otis said, that the whole area which is left vaca~ht, should be planned as a unit, and that we should know beforehand what plan is ' recommended for the whole area. He said the Commission was instructed to work with the Associated Investors to try and work out some plan for the area suitable £o all concerned. Mr. Otis said the Commission suggested to the council that. this hearing be held so the people could tell us wha+., they _ think. He pointed out that the parking situation on the corner is bad, and if some of the itacant land could be utilized for parking that it would relieve the congestion. Village Attorney Graham at this point explained that the council refers to the Planning Commission for study and recommendation matters, such as rezoning requests ~ d streets plans, That ordinarily the council would have a recommendation from the Planning Commission, but in this case the Commission had asked that the hearing be held before the Council and Planning Commission prior to the Commission making a recommend ation. Attorney John John JYallace, St Paul attorney and resident of Roseville, Wallace said he represented the people who wish to present their views in opposition to the proposed rezoning. He said. they would present expert testimony to sho~v whether the proposed rezoning was like "robbing Peter to pay Paul," or if it was in the best interests and welfare of the community. Attorney uYallace presented five petitions, each of which he said was signed by about 25 people who resided within 500 feet of the area, representing more than 100 homes. He said when you multiply the value of th~eepropert~:es by the number of people, you will -~? 1 Attorney come up with an astounding figure. He then introduced Mr. Ray Wallace yfi. Faricy, of St Paul, as their appraisal expert, with a summary (cont'd) of his qualifications. Ray W. Faricy, Mr. Faricy said we should think of the proposed rezoning from Appraiser an appraisal standpoint - that it might be considered a nuisance, a change in rights you have as an ~ana~i~idual. He said when you buy a piece of property you buy rights. If the petition is successful, he said, the result would be to increase traffic in the area with a bad effect on homes. He thought it would take traffic off commercial streets and transfer it to a residential area. Mr. Faricy said that as an appraiser he thinks resulting damage to be suffered in the residential area would be 15 per cent. Shavor questions In answer to Trustee Shavor's question if Mr. Faricy was Faricy opposed to rezoning of Tract 1 or 2, 1Vh'. Faricy said he was opposed to both. Asked if he would recommend developing the area for something or leaving it as iS, or if he felt any portion of it is suitable for homes; t~Ir, Faricy said he did not. think the area was suitable for single family residences. Attorney said the issue is not what can be done with the area, but what Wallace is going to happen to homes if the rezoning change is made,; and that he would like to have the council hear some people who received promises when they bought their homes. He then called on Mr. E. C. Day. Mr. E. C. Day, Mr. Day said he purchased his home in 1948 and was promised at .1506 W. California that time there would be no commercial addition in the area, but that subsequently there were several attempts to rezone the property under discussion. Said the Polder Company booster station was put in and the area rezoned for it without residents in the area being informed in advance about it. Mr. Day thot the proposed rezoning would result in-additional traffic to the detriment of surrounding homes. Glen Wallace, Glen V4'allaee, member of the Minneapolis council for 20 years Mpls. Councilman and of that City's Planning Board, was introduced. Mr. Wallace said he was in sympathy with the problem being considered and that he had been on the public side of these matters for many years as a planning commission representative; that out of his experience he hoped he could throw some light on the problem. The problem, he said, was the e~Et,ending of a commercial area as it relates to the rights of people and their homes. Said that in his section of S.E. `~inneapolis they have almost identical problems. The problem of zoning and planning, Mr. Jdallace said, is to do the best job possible to see that any change conforms as nearly as possible with the ri~?hts of the people. He said that problems as serious as this in S.E. Minneapolis have been worked out satisfactorily, and he felt it could be done here. Said he did not know what the answer or solution is, but v~rhere a petitioner is asking for a rezoning, the burden of proof is on the proponent. That it takes a 1t to 1 vote of the council to rezone indicates how serious the matter is, he said. To plan the whole area as a unit was desirablein his opinion, he said, but that it was up to the petitioner to prove that his plan was not only good zoning, but good planning and that it can be done in all good conscience with the neighbors' ~(~ interests in mind. Asked what is it going to do to people Councilman over here, not only to property values but to their safety. Wallace He asked what consideration should be given to their feelings (continued) and opinions. Mr. th'allace said the crux is, "Is this good," and said that the 'twilight zone' is, of great importance, and haw to go from one zone to another and do justice to all concerned. The proposed transition is too sharp, he said, and that (1) something better should be worked out for transition from one zone to another (2) What will plan do about brining in commercial traffic in a residential area? Said we will not know what the traffic pattern will be unless it is studied. He asked, "Will it not bring more traffic onto Arona and therefore violate the spirit of zoning?" (3) How will the plan affect truck traffic? Said we must consider this a mayor point for trucks not carefully watched can be deterimental to the community. ?:fir. Wallace said that whatever is decided on must be written in your ordinances or in your deed. He urged getting everything down in writing so everybody knows what is coming. Said if presented to him, he would say the plan has not had enough thought - that it should go back to the owner dvith instructions that they reconsider; that they sit down with the neighbors' representatives and. see what they can workw out ~ontly: Atr. Wallace said that if he could help in the matter he would be willing to do so. W.L. Hinderman, 1512 West California said he purchased his home about two years ago, that he formerly lived at Duluth where he was maintenance engineer for the State Highway Department. Said he felt the proposed rezoning would be deterimental to the health, safety and welfare of the people, and that it would depreciate property values. He questioned Mr. Stepnitz' statement that the rezoning would not increase traffic on Arona Mr. Hinderman then presented figures which he said showed an unfavorable ratio~('relationship between the shopping area and parking space provided for in the proposal. As to the proposed parking lot being used for limited parking; he stated that people would park when they drive up and see a parking lot open. Said you don't relieve a bad situation by creating more traffic ca~~stead of building more stores, he suggested putting the~area into parking. Frank P. Conney, said he purchased his home thru r~4r. Stepnitz with the under- 1521 West Idaho , standing that the area in question was Residence A. Said he would not like having a parking lot in his back yard.. M. J. Elnicky, said that he bought his lot from SFr. Stepnitz who told him the 1532 VG. Idaho property was residential. R.W. Wolfgram, stated he bought his property three years ago; that traffic 1530 W. Idaho has increased considerably on Arona during this time; and that traffic hazards will increase if the shopping center goes thru. Since the council has not installed sidewalks on Arona, he said, pedestrians coming from Idaho must walk in the street. Said he was not, in favor of any additional shopping centers out here. .1 ~ Mayor said he would like to point out that the owners B£r~~~free:.~to-~p~t Stenzinger up a building on the property zoned commercial. This lead to a discussion of the necessary building permit and conditions covering parking facilities that could be required. R.W. Kranz said he would prefer a nice looking building rather than the 11183 W. Larpenteur bare area. C.A. Thieme, 1513 R'• Iowa said he has noticed the increased traffic on Arona, and that he felt we had enough shopping centers. Asked about drainage on Arona and if the proposed development would not increase this problem. G.S. (Stan) Seaborn member of the Planning Commission and Street Commissioner, said sidewalks and cnxbing were needed to control the drainage in the area, but that the property owners themselves would have to petition the council for such improvements before installation could be considered. A.C. Kaechele, whose home adjoins the Village drainage ages at Idaho and 15112 West Idaho Snelling, spoke of water problems in his area when it rains. Said he felt the proposed shopping center would make these conditions worse. Said it was promised that the drainage area would be made into a park so he is not inclined to go along with promises. Walter A. Randt, said. the neighbors do not want any more commercial buildings 1507 W. California in the area. The vacant land should be used for •parking, he said. Herbert W. Hendricksen, 1208 V~'. Idaho asked what our requirements are if an area is rezoned for parking. The Village attorney replied that the council has the power to rezone to business for parking purposes only, also that the council may attach conditions that~can be put in the ordinance, such as a requirement covering shrubbery or a fence. William R. Utecht, asked Mr. Stepnitz if there would be public entrances at the 14l~7 W. California rear of the proposed store building, and was informed these would be limited to fire exits. Mrs. Ora C. Wood, said that additional business in the area would increase 1525 w. Idaho present parking problems and traffic hazards, especially for children. She recommended that the vacant land be put up for sale. Howard Bishop Howard Bishop, Falcon Heights business man, introduced introduces William William V. Chenoweth of the County Engineers office, who V. Chenoweth presented figures based on periodic checks of traffic, especially on La.rpenteur and Arona. Trustee Cartwright stated that if something is not done to improve parking facilities in our shopping district that people will shop elsewhere, and that ours may beco me a third or fourth class shopping area. He said some solution must be found to improve the parking situation. Letters of protest Letters protesting the rezoning were received and filed wi th X580 Letters protesting the Clerk from the following: rezoning (cont'd) Andrew ?~. and Ellen H. Dahlen 153i~ 3'iTest Iowa Mrs. Ora C. Wood, 1525 West Idaho Mrs. Frank P. Conney, 1521 Test Idaho Fred F. Rahn, Chairman, Homeowners within 500 feet, 1255 West Larpenteur District Superintendent, Christian & Missionary Alliance, 1512 T~^lest Idaho W. L. Hinderman, 1512 ti`s. California Stephen M. Farkas, Steilian Appliances Snelling? ?~ Larpenteur Hearing No one else wishing to be heard, the Mayor declared the closed hearing closed at lO~Pa P.M., stating that the council would take the matter under advisement. ~G' k Approved: c Mayor i