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HomeMy WebLinkAbout05-14-1970 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, May 14, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 11 (A) CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS_ - Zone Changes 1. Explanation of hearing procedures 2. White Bear Avenue (Farm - Residential to Business - Commercial) - Martin F. Colon, Applicant 3. Edgerton Street (Farm - Residential to Multiple Dwelling) - Robert Clausen, Applicant _,. 4. Lower Afton Road (Farm-Residential to Multi;;. ".e Dwelling) - Wedgewood Properties. Applicant, (D) ADJOURN Minutes of Maplewood Village Council 7:30 P.M., Thursday May 14, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 -11 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Administration Building and was called to order at 7:31 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harold L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS -ZONE CHANGES 1. Explanation of Hearing Procedures a. Mayor Axdahl explained what the procedures would be for public hearings regarding zone changes: 1. Hearing called to order 2. Notice of Hearing Read 3. Staff's Presentation 4. Proponents Presentation 5. Opponents Presentation 6. Discussion Period Question and Answer Period. a. Commission b. Other 7. Close the hearing, allow one week for additional testimony to be submitted in writing, and make a decision at the next Council meeting following the zone change hearing. 2. White Bear Avenue (Farm - Residential to Business - Commercial) Martin F. Colon, Applicant. a. Mayor Axdahl convened the meeting for a public hearing regarding the zone change request of Mr. (- iartin F. Colon to rezone Lots 1 and 2, Block 4, Smith and Taylor's Addition to North Saint Paul from F -R (Farm- Residence District) to B -C Business and Commercial District. 5 -14 The Clerk read the notice of hearing along with the publication dates. b. Administrator Seida presented the Staff report. He explained that this application had been on file since August of 1968 and the applicant had not brought forth any changed conditions or statements since that time. The Zone Change area is presently owned by Mr. Frank Bradac, who also owns the land immediately adjoining to the north of this rezone site. To properly serve both the rezone property interest, as well as, the public interest of the area, Cope Street extended east to White Bear Avenue is necessary. Presently such street and right -of -way does not serve adequately the area or the site. Considering the fact that Mr. Bradac is the owner of both the requested rezone site, as well as, the property immediately north and, further that Cope Avenue is not extended through his pro- perty to White Bear Avenue, then the Planning Office can only recommend that the requested rezone be granted and be -, come effective only upon the following conditions: 1. That Mr. Frank Bradac legally dedicate to the Public the necessary right -of -way (100 ft.) for Cope Avenue extended east to White Bear Avenue. 2. That the present owners, their heirs, successors or assigns, waive any and all objections to the automatic recension of the B -C District to F -R District at the end of a 12 -month period after approval of change and in which time no building permits are drawn for the rezone site and, further that such individuals waive any and all property rights acquired by such zoning change to the pro- perty that such automatic recension would cause. It is only upon these conditions that the Planning Staff can favorably recommend this zone change. Until such conditions are complied with, the Zone Change should not become effective. c. Proponents. Mr. Frederick Douglas representing Mr.Martin Colon spoke on behalf of the zone change. He stated donating the 100 ft. of property for the necessary right -of -way would be feasible but he needed and requested the time limit of 12 months to obtain building permits be extended to 18 months. The highway department plans for a frontage road will not be ready for 6 to B months and Mr. Douglas felt 18 month limit would be adequate to put the project in order. - 2 - 5 -14 d. Opponents: Lyman Coombs, Planning Commission Chairman presented the Commission's recommendation that this application for zone change be denied for the following reasons: 1. The applicant has not demonstrated any changed conditions in the area; 2. The Zone Change request is not in the best interest of the Village, at the present time, because of the established residential area to the southwest. Attorney Ed Mogren representing Mr. Frank Bradac, fee owner of the stated property,stated Mr. Bradac had no objections to the zone change but did object and will not donate any land for street right away. Mrs. Patrick Malahan, 1750 Lark E; against rezoning if it is for a service station. Does not fit in the area. Jim Glassel, 1775 E. Lark; Against rezoning, will lower value of the property and cause more confusion at that corner. Mr. Vaun England, 1759 E. Lark; Against rezoning, pro - perty should be residential, would.be better for their homes. Administrator Seida stated he had received a telephone call alledgedly from Mrs. Frank Bradac stating that the legal instrument of option to purchase had expired. Attorney Mogren stated the option had expired but he would not venture if Mr. Colon had the right to rezone the property or not. Frederick Douglas stated that the status of the option on this property was a legal question. If Mr. Colon was granted the zone change, he would meet the condition to grant the necessary footage for street right -of -way. e. Mayor Axdahl called for formal objections. The following objectors were heard: Marvin Middendorf, 1745 Lark; Patrick Molohan, 1750 Lark; Mrs Vaun England, 1759 Lark; James Glassel, 1775 Lark; John Frantzen, 1765 Lark; Frank Mikacevich, 1774 Lark; George James, 1758 Lark; 3 - 5 -14 Additional testimony will be received in writing for one week. f. Mayor Axdahl closed the hearing. A decision will be made at the next regular Council meeting. 3. Edgerton Street (Farm - Residential to Multiple Dwelling) Robert Clausen, Applicant. a. Mayor Axdahl convened hearing on the request a zone change from F -R (Multiple Dwelling) on cribed as: the meeting for the public of Mr. Robert Clausen for (Farm - Residential) to R -3 the property legally des- The west 1/2 of the NE 1/4 of the SW 1/4 of Section 17, Township 29, Range 22, and the NE 1/4 of the NE 114 of the SW 1/4 of said Sec. 17, Township 29, Range 22, except the W 160 feet of the N. 213 feet, and except the E. 300 feet of the W. 475 feet of the N. 330 feet and except the E. 179.67 feet of the W. 654.67 feet of the N. 213 feet thereof. The Clerk read the notice of hearing along with the publication dates. b. Administrator Seida presented the Staff report. Within one square mile in which this rezone site is situated there are 1,175 dwelling units, 37% of which (438) are multiple and 50.8 acres are zoned R -3 (Multiple Dwelling). This constitutes 9.3% of the total gross acreage allocated for residential use. It is considered, in general, desirable to keep the ratio between 5% and 15% of the total gross residential acreage for multiple dwelling use within a Planned Community type of development. This re- zone would raise the ratio of multiple dwelling land use to 11.3% for this area. It is the Planning office opinion that to rezone this site would adversely effect the balance of dwelling unit types as well as land area devoted for Multiple use within this neighborhood area. Perhaps most importantly of all, the applicant has not, in this Office's Judgment, either demonstrated adequately that land use conditions have changed in the area sufficiently to warrant rezoning or shown that the present F -R Zone applicable to the property precludes all use for which the property may be adapted. Until the applicant can more adequately demonstrate either one of these instances a zone change to any classification should be automatically denied. - 4 - 5 -14 Chairman Lyman Coombs stated the Planning Commission concurs with the Staff Report and recommends denial of this application. c. Proponents: Mr. Robert Clausen, the applicant stated to the north of his property is the nursing home; Roselawn and Edgerton are thoroughfares now; to leave as Farm - Residence would be useless; Residential zoning would be doubtful; Part of his land is ponding area known as drainage area no. 23. Mr. Clausen further stated he wished to table this zone change and ask the Council to give him when or where a definite ponding area will be settled upon so he can do something with his land. The Council stated they were not in a position to give a timetable on this matter. d. Opponents: Louis Cardinal, 1970 Edgerton stated he felt the property should develop residential. Vic Ryman, 701 E. Belmont Lane; Many R -3 zoned projects in this area have not been built upon; school is at capacity, students are still enrolling from the Edgerton Highlands; increase the flow of traffic. Mr. Ryman sub - mitted 3 petitions signed by 100 persons in the immediate area objecting to this rezoning. e. Mayor Axdahl called for formal objectors: The 3 petitions were filed and names accepted as objectors. Additional written testimony will be accepted for 1 week. Decision to be made at the next regular Council meeting. f. Mayor Axdahl closed the hearing. 4. Lower Afton Road (Farm - Residential to Multiple Dwelling) Wedgewood Properties, Applicant. a. Mayor Axdahl convened the meeting for a public hearing regarding the zone change request of Wedgewood Properties. from F -R (Farm- Residence) to R -3 (Multiple Dwelling) the property legally described as: All that part South of the New Lower Afton Road of the W. 30 acres of the NE 1/4 of the NW 1/4 of Sec. 12, T. 28, R. 22, and the W. 230 feet of the S. 333 feet of the E. 10 acres of the NE 1/4 of the NW 1/4 of Sec. 12, T. 28, R. 22. - 5 - 5 -14 More commonly described and identified as that vacant parcel located on the South side of Lower Afton Road, 1300 feet East of its inter- section with McKnight Road. The Clerk read the notice of hearing along with the publication dates. b. Administrator Seida presented the Staff report in 1969, 1751 dwelling units of the R -3 Type were approved by Council. (1375 Apartment units and 376 Townhouse units) As of this date only 12 townhouse units have commenced construction. Also, this area is one of the four sites proposed for the metropolitan zoo, until.the decision of the location of zoo is definite, no rezoning in the area should be approved. The Staff recognizes the so- called "Demand for Housing" but at the same time the Village's Action of approving 1751 Multiple Units within the south end of the Village is evidence of this Village's Committment, in part, to alleviate the area housing demand. To zone additional lands in this area for multiple dwelling use in light of the inventory approved, but not yet under construction, would be, in our judgment, overplanning and overzoning for a use in this area of the Village which would: (1) Not put the land to immediate multiple dwelling use based upon the existing inventory of areas and units already approved; (2) Cause rise to pressures for further unwarranted re- zonings in the immediate area, thus causing further "scatteration" and lessening the likeihood that the area will prove desirable from a total planned use. It is recommended that the rezone application to R -3 not be approved. Chairman Lyman Coombs presented the Planning Commissions report stating the Commission concurs in the findings of the Staff Report and recommends denial of this zone change. c. Proponents: James Riley, President of Wedgewood Properties stated this development is not planned for speculation. A nursing home is planned for construction on Lower Afton Road. Without a definite approved rezone, financing is difficult. Mr. Riley is aware of the proposed zoo location in this area and requests at this time the zone change be tabled until after a "computer" run has been made regarding the zoo site. - 6 - 5 -14 I d. Opponents R. C. Keller, 2497 Londin Lane; Against zone change, is detrimental to environment, Londin Lane is inadequate, schools another problem,.sewer and water would have to be constructed, land should develop residential. e. Mayor Axdahl called for discussion, since there was no further discussion, Mayor Axdahl called for formal objections. The following objector was heard: R. C. Keller, 2497 Londin Lane. Additional testimony will be accepted in writing for a period of one week following this hearing with a decision being made at the next regular Council meeting. f. Mayor Axdahl closed the hearing. D. ADJOURNMENT 9:06 P.M. City/Clerk - 7 - 5 -14 n