HomeMy WebLinkAbout09/09/1970_Regular0�, eeting #13
'> egul a.r
_70 - t 0
September 9, 1970
2:00 P. M.
A. Call to Order.and Approval,of Minutes _ �
7�
B. Hearings (7:30 P. M.) / C� Z�� -(`� c� `��Li�l6 .
"_a-"-IP-4 L; . Variance to allow property at 1103 9th Street N. W. to be used for office space
2, ..-Vd�iance to order a ground. sign. at 210 9th -Street S. E.
3. Variance to allow a- ground sign located at 311 1st Avenue ,N. W. , to be constructed'
j/ partially of combustible materials
Variance to -permit a 6' high redwood fence at 1101 2nd Street S.W.
�j t 4 L 5. Variance from' front yard .setback requirements, at 307 3rd Avenue N., W:
6� `Variance from requirements fora 6' high masonry wall on property located at
701 12th Street S. E.
� 7o Final plat -of Meadow' Park- 8th Subdivision
CITY OF ROCHESTER
COUNCIL. AGENDA
C. Organizational'Business
MP- -cQ 1. Mayor's reappointments to Committee on Urban Environment
2. Mayor's appointment of Patrolman from Eligibility Poster
-3r -Mayor's appointments of .1970-71 School Crossing Guards
4. -Presentation of Safe Drivers Awards - 4:00 P. M.
D. Letters and'Petitions. f
E. Rep""cuts and Recommendations: l_v�` Z
Adm. Asst. - Liquor Ordinance Amendments (4:30 P. M.) R!1'
�P-pf, 2' Adm. Asst -.Request to conduct Music Week Activities � �
Adm. Asst. - Tabulation of Bids (Sewer & Water- Extension _to Lot 20, Allendale :Sub.)
h-gfl� �4.. . Ada . Asst. -Request to. Move Garage,
5. City -Clerk - Licenses and Bonds;
91��a6o Engineer - ,Advertise for Bids.; Part I,. Elevated Tank N.W.- Service District Area
it �e�5�7rr 7.. Engineer.- Readvertise for bids on extension of .sewer and water. to Libby
8. Engineer - Topics Inventory, Stage II Agreement `. r
kl' -`L9. Engineer.- Removal of Parking on 18th Avenue W.
r 10. Engineer Remove l - of Parking "on lai M en e S . E.
`1. Engineer Relocation of Drive -Up Ma' Box
i 12'.' Engineer.- Information for -Record of Water Tower for High. Level N.W. Service Area
13. Engineer --Sidewalk project on llth�Avenue' N. E. /
14. Engineer -.Sewer & Water Extension 'to Hutchins Replat
15,' Engineer -:Storm Sewer Construction in Northern Hills,'First Subdivision
16.. Finance - Assignment of Securities
17.. Planning - Preliminary Plat -of North Star Subdi/vision
Q.18.' Planning.- Rental of Trucks -and -Trailers at.1005 North Broadway
Finance'- Approval of Bills .
20. City, Clerk -Resolutions Scheduling Hearings on As ses' sM.- arts
£.k -,, % � '
F. Resolutions and- Ordinances ��`�.. °� �l�t�'' ""�"G�`�5 ��•
10. Resolutions and.Ordinances for 9-9-70 meeting
. - Items ,Tabled .
Other Business
EETIN
�. �' � :Y:. �' ':� 1.",��'',i'�b ��i>'•.N.��ar•, DATE 979-70
6�
AGENDA SE-CTION: Hear.ingc 1_�GNATING DEFT: .
Planning
ITEm: ITEM D€SCRIPT.ION:..Application for a -.variance to a ow t e property
N b.�PREPARED BY:
N Q located. at 1103 9th Street N.W. to be use.d.for office space.:
- August 27, 1970 --- - - - • - - - - -.
City Planning -and Zoning Commission Recommendation:
On.August 26; 1970 the City Planning and Zoning Commission considered the above
described application for. a variance.
We.find that this application does not comply -with the provisions of.Paragraphs.
61,0510 �.61.0513 of the Zoning Ordinance.
Based on these findings we -recommend that this* application be denied.
Council Action Needed:
1. The City Clerk must publish a legal notice of -hearing in the Post Bulletin by
not later than Saturday, August 29, 1970. The'Clerk must also notify the
-parties interested by written notice, no -'later than September 4, 1970
2. Following the hearing, if the Council decides to proceed with -the variance
the City Attorney should -be instructed to prepare a resolution_ that=can be adopt
Attached• '
i. •- Copy of -City Planning. Department report.
-2. .Copy .of -list of property owners -to be notified.
Distribution:
1. City .Clerk
2. City Planning Department -File - - -------- --- -- - --- - _. .
l.4'ls;�b
0. motion by`Q��._. _� Second by:� to �. �,.._.L_...._...
. . . . . . . . . . . .
LccKsOi% turwr =out M
Aw. VA.W. pmopra"
C; %.)C- &0 'roe
Ph For-%
f2acreavy 1MVOLVIab
� IT,
j,7
L.ftbtt I t4c, tu C- w r Dow r4 %r.
ADVISORY--PLANNING'REPORT ON THE APPLICATION FOR A VARIANCE TO ALLOW THE
PROPERTY LOCATED'AT 1103.9TH. STREET�N614. TO- BE USED AS' OFFTCE SPACE
We have r6viewed-the above �application and we find the f o I lowing':'
Petitioner: Dr.-. Richard F..'E�erby.
Name of'
.2...'R : easonfor Petit - io . n: .(See-t . he.attached letter�from petitioner and also
attached petition of Acquisence from . adjo ining property owners.
3. Departmental Review -_No objections received..
4. City Planning Department:
Background:
.-This lot is.78' wide and averages 90.131.- deep.'.There are -single f amily
residential dwellings.to the west and north.' The dwelling was.,used'.as a.,
.-duplex and apirtmentwith the owner living ii� the basement...
The property.across 9th St�eet N.,4. to the south and'across 11th Avenue
N.W. to the'east� is- zoned a B-3 District.'
The City�.s adopted L'and'.Use'Plan lias.this�general.-area-de8ignated.as being
Existing zoning districtin in this area
best -suited for residential uses., 9
is iii'accord with the Land Use Plan.
-Findings:
Literal -Enforcement Would Create. Uiidue Hardship: The
61.050 Variances
Board.shall have the power to authorize upon appeal in. specific
casiesl,-,filed as herinbefore provided-, such variances. from the
termsi . provisions or-r-equirements.of this Ordinance.�s will not, -
that such
be contrary to the public interest; provided, h - owever,
-shall be granted only in--such,cases.where, owing to
variances
special and unusal.conditions pertaining to a specificpiece of
property, the - literal -enforcement'. of the'pr ovisions or-requ'ire-
ments of this,Ordinande'would result in 'radtical-difficulty,or
p
undue hardship, so that the spirit of'the 'Ordinance shall be
upheld, -public -safety and welfare secured,and-substantial justice
done.
'61.0501 Variance Conditions- Prevailing: -'Iffiere, by reason of t.he,-exception-
al narrowness, shallowness -or unusual shape OC'a'specific piece of
property on the effective -date ofthis O.rdinance*,,.,or.,by ieason of -
exceptional topographic conditions, or other'extradrd,inary-situ-
ation or condition -of such -piece 'of property, or of the use or..
-development of-oroperty immediately.adjqining the piece of property
in question, the'literal enforcement -of the requirements of this
-practical- difficulty'orwould casue-un-
Qrdinance would involve
-'unnecessary to carry -out the spirit and pur-
necessary hardship
pose of this,Ordinance the Board -shall have power. to authorize
Ordina to�relieve such
a variance from -the terms of 'this nce.,:so-as
hardship. Iri:authorizing.a variance, the Board may attach thereto
such conditions regarding the location, character....and.. other.features.
..of the. propose� structrue-or use.as.it.may deem ne�cessary in the
'interest of.theJurterance of the purposes of the -Ordinance and in
_the�public interest.,� In authorizing a'.variance, with attached con
ditions, the Boai�d sHall'-tequird such� evidence, and guarantee or
s it may -deem -to be necessary, to enforce compliance with
bond a
the conditions -attached.,'--
61.051
Variance Findings of the Board: No such variance of. the provisions
-or requirements of this Ordinance shall be authorized by the Board
unless the Board find.s.' that all.of the following facts and conditions
exist:
61.0510
Exceptional Circumstances: That. here are exceptional'or extra
ordinary circumstances -or conditions applying to the property
'in.
question or to the intended use o f the -property, that do no ap'ly
...generally
to other properties or classes of uses in the same
zoning district.
This property has. no exceptional circuifistances connected with
it except to the extent of having been remodeled sometime ago
for use as a duplex and office type dwelling. This remodeling.
has reduced the saleability,of this property to.a.limited select
by:'he right
market.. The -property can be*used effectively t
buyer.
61.0511-Preservation
of Pro erty Rights: That such variance is necessary for
the preservation and enjoyment of sub.stantial property rights possessed
by other properties in the.same zoning.district and in the same
vicinity.
The. owner of this 'property is not deprived of any property
rights that.are enjoyed by other-properti6s in. this same
..zoning district and in the same area. -He does have a situation
of his own making.that limits the saleability of the.pr6perty
but this is,not sufficient grounds to -grant a variance.
61.0512
Absence of Detriment: That the authori.zing of such.variance will not
be of substantial detriment to adjacent -property, and will not materi-
ally impair the purpose of this Ordinance or the public -interest.
The granting of'this variance could produr,e a -detriment to
pro�erty owners. There is no space provided for.
off-street parking,unless considerableearth moVing,is done
to gain,access to the rear yard.
.61.0513
Not of General Nature: No grant of a -variance shall ble*authorized
unless the Board specifically finds that the conditions or situation
of the'specific piece of property, or the- intended use..'Of.- said pro-
perty, for which variance is sought.is not 'of. so general or recurrent'
a nature as to make -reasonably practicable the formulation of a
general regulation for such conditions or situation.
While there are other situations like this existing in
Rochester, it is,not of a wide spread nature. This property
can be used as the residence"of a professional person.who is
interested in practicing his profession in his home. The -
rental -of office space to persons not residing on the' premises,
is' not permitted in the R--�l District and as such would not
be a proper variance.
r
Conclusion:
Based on the above findings it is the opinion of this department that there
is insufficient basis to grant'the'variance. as' requested.
if an owner would-mak6 this his principle residence and would use the offic ' e
-d for a variance. There could be
space for his own business.there,is no nee
problems with off-street parking if the business was of the nature -requiring
-street parking spaces.
more than two off
r
Pave
-DR. RICHARD.F. DERBY
..NORTHGATE CHIROPRACTIC
�1103 N. W. 9TH STREET
-.ROCHESTER, MINNES13TA
288-2191
The.property vae acquired a -ever. years aroo bocause of its apparent pQtentit._ as
U -It v-a' im
s� businesa low' one s soneo =j1.jp:Lo dum-113-vag at the t 9 1 contacted the city
-before pzwohasin& tbe,propeelq to vae if my invest=nt in creating offioe Space
vould ba transferable as offies an
ac�o, to anyone else without diffimIties o:r arq
kind* W* Crarnot Sprine assnrad m that I emid construct am office arA also build
an more space In the f uture. It t; only upon..reegIving zu&._araaranc'e -that 11acted.
Urs. Vem Dayg acting as reUtor at tho time,, mr-exlers the c onve r G st I an and affirm
It byU6 attach-ed af U&TA'.
The buildltg'vas used as . a .. duple= and rmted out at the tize- I rxrchased itp
the apartment beLr% in Uha basement*
Ueated for business jmrposest
Is The propearty is in the midst "of- inten-se bvqiness actl.vljAy.
-Bur;-,or Kim!
and Usozi
*0_ Service station
do Laundering erA dry clearinF,
06 E B station
f, pool hall
4P
g. Barber shop
b. lee cre'an ;:,arlor
A
io Health saa ar?, x=q others
97 0
Ali
2
RICHARD F. DERBY.-
NORTH13ATE CHIROPRACTIC.
1103 N.M. 9TH STREET
ROCHESTER, MINNESOTA,
laa-2191
ne 'y ah& the a ave,
parkL --people'--on. busJxess 0.ravail b
21, Noisesi odorsi debri.
decreases the desirability as a residence, High traffic level oh 11th Arao
makes'the area undesirable for people with children, 11he fact t, t there,
are,no families with small children in the axrea nou would soem'to indicate
that this is the opinicn. of the neighbors also.
s apartrasnt
Des.igned.as.officte and uT.- staIr
The building My air.conditionedl, carpiptedl aCcoustic tile ceiling
is:dentrA
ash 19116d walls,with 4arlite on the lower half. 71oors heated.by copper
par
tubing in . con crete f ounta in In hallwayt lighted ey"J t signs -in- case of firejI
fireproof�furnace room* ete.9 to meet city.requirementss as befits an office
but not ta'Le expected in a residence, makes remodeling out of the question,
because of e�mense and disruption of.air conditicningsystem*
For tivo years during use, 4p.er port' -on rented to I.BiA, men. and orie or
w m An, lower also*. -1 retained an 8 x 101 room in the base'ment for living
quarterso, The building was -inspected and licens'ed-for rental through 1969.
.-It-became impossible. -to keep:the rooms more than ono -third rented so I
returned to. Rochester from StejartvMe to livep
Ar=nge
ment of office makes it im
ractical to remodelt
The office is arranged in, such a -way' that only by having use of the entire
office would the of f i<--,e be:practical. Electric sm-Itch boxes in 8 x 100 rooma
fo-antaing furTkace'; laboratory'room,, dressing.- ro-6ms,, fire, exit# - and rest
on.the-north halfs, rqnnimg west to'east in that order, Rece.;:yticn ioola
receptionists officeg, twd- z1air. rooms -and dark room on the south 'slat with
central hall�my- between north-and.sotth halves. Hain ontz7 door in soutl"--�st
�e2
DR. RICHARD F. DERBY
NORTHGATE CHIROPRACTIC
1103 N. W. 9TH STREET
ROCHESTER, MINNESOTA
'288-2191
asiblo to rent '&is eirgle drmilipg vit1hout great Lnd omtin�d finincial
-urar ur ps, eta 's 'a==Uns
10terest,on $3,50000 wrtgaeO plUS taXesp ir. z cmv,
. . . t 4300 per month e enses exclusive. qf a4y- pAy_-g_-nts prinalpalo
le for two years and the FoahezUr prop�srV i*s ta=
-in
ed ter2 bUX I am
Ths'laat eUhtsen..m0ntha 1 11v U_ i
lonal cost to
now located in Car.tono 3mth Aake.4 am r0V
. 4()V',8r9oe lt-zyself and. to hira SOZOMS tOAQ go, T�,.j r, is also a great di�a:!Iji
--id d- -to from tho effectiveness V, aeA in Cs-'Itm.
on my t —1-m a, otral, of xL pr ce
S Uth Daketa.,
0
Need right.of cmer to not hava to livs 01 promises to maintain officeg, and
employozn't of nScom Individusla for 0"Maient use of office spacet
Aised it saveral. ulyg; and have bem unable to -find a b%w
have edve.
alxV days
'175 per nonth)* it was also listed foz
or ronter (not even at
and cniy one percons, a dentiato inquired but did. not bV bedau se he -had. to
at'with pro'sont,
live on the rriamizo aeajtoj�s. ftm- SprInger lealty said tb
alght have to go as IQ-v as 128v,000 not.in the pro sent mark ot a
loss of
R_
APPLICATION FOR A VARIANCE TO ALLOW A GROUND SIGN AT 21.0,- 9th STPEET S.E. IN AN
R-4 DISTRICT.
We have reviewed the above. application, and -find the following.
1. Name of Petitioner: Olmsted.Medical Group, P.A.
2., Reason for Petition: Our building, with a frontage on Third Avenue S.E.'of
-an 84 square foot lighted sian mounted on the build-
140 feet would be allowed
re
ing. But since our building sets back.220 feet from out property line, we a
ance to allow us to ereer a simple, double faced interior
requesting a vari� st-o�iting OLMSTED 1,E . DICAL
lighted identification sign (3 ft. X 8 ft. in size.� 0
AND SURGICAL GROUP, which will be a ground sign, located on private property
i . nstead of mounted on the -building, and will give us identification from the
north and south on 3rd Avenue S.E.-and will lbe located near the en*trance to
gency entrance sign St. Mary's
our parking lot. (Sign would be similar to emer.,
ed-variance on last' yeer.)
receiv
-3. City Planning Department Review:
In order to grant a -variance certain findings are necessary under the Zoning
..Ordinance.- These are as follows:
-61.0510 Except7ional Circumstances: That there are exceptional or extraordinary.
n to the 4nten-
circumstances or conditions, applying to the property in questio, or
erally to other properties or
ded use of the property, that d ' o not app y gen
classes of uses.in thesame zoning district.
'This department can find no exceptional circumstances -applying to this property.
L r>
-'It . enjoys the.same conditions of othe.r.'properties or c.lasses of uses in the
same zoning district.
61.0511 Preservation of Property Rights: That such variance is neces'sary for
_ssed by
the preservation and enjoyment of substantial property rights poss�
-ie same zoning district and in the same vicirtity..
properties in.ti
_.___There is no necessitv*of granting this variance for the.preservation and enjoy
ment of property rights. All.properties in the R-4 Dis.tricts have to live with
wall or projecting signs,
6 . 1.0512 Absence of Detriment: That . the authoriziny of such variance will not
be of substantial detriment to adjacent property, and will not materially
impair the purposes of.this Ordinance ot the.public interest.
This sign is no det riment to. adjoining properties, but if granted a variance
..it would again seriously,impair the enforcement of the Zoning Ordinance.
61*.05'13 Not of a'General Nature: No grant of a variance shall be autho,rized
L L_ on of the
unless the Board speci,fical.'y finds that the condition or..situati
specific piece of * property,. or tine intended use. of said property, for which
variance is sought is not so general*or recurrent a nature as to make reason
ably -practicable the formulation of a general regulatioa for such conditions
or situation.
If th . is variance, again, is granted the Ordinance should b-e given a hard look
-4 Districc'.'
to see.if you want 'gi,und�signs allowed in any R
�Conments:
1. Wouldn't it be wis,e to refer this to the Commi:ttee on Urban Environment
for th�ir recommendation.
Would a sLgn such as this be a-sthetically good for this area when a wall,
sign would suffice.
3�- Ethically, is this good practice for aclinic.of medical care..
4'.'- Should a zone change be in order to allow a ground sign su.ch as this. This
property* is 'Located directly,across the street from a B-3.zone at present.
5'. When Ninth Street is built a --round sign slich.as this would not be needed as
the building fronts on Ninth Street.
6.� This sign�is not similar to the Emergency lRoom sign at St. t4aryls as this
0
sign identifies an Emergency Room and this is an out..and out advertising sign.
-7. the sign -must be back of normal required front yard -,setback line.
8.' Must be out of corner.visibi'lity area required in R-Districts.
9. This application was filed.the day before the City Planning and Zoxiing
Commission meeti-ngi The Comi.q_ssion�Flresident said to put it on the agenda.
-eport'and send to the City
There was no time to prepara,a written staff r
Plann-ing and Zoning Conmiission members as is usually done. No time to send
a"notice, to adjoining owners.
10. Architectural sign.
-2-
ACTION
34.
M t t 1 1. N! Cj,_
jearings-,-. lanning,
AGENDA S.ECTION:. H ORIGINATING DEPT",.
EM: -.IT,EM DESCRIPTION.-.Ap -allow a' ground PR:EPA-RED -BY:'-
plicatioa for a,:rvariance'to
sign --�oi be constructed-. paritiaily '"comb-u�tib'le;diaterials:"lo�atdd
b br: 3
at jll:First�Avenue.N-W.
7
r1p 9 s 27,'1970
u t,
and Z 6qin�- Comm"i s sion' Recommenda'tion
Od'August: 26, :1970.* the City-.1 Planning and.Zoninig dornmiss ion, considered
,the a ove
application, for;1a Variance'
.-.described,,
-ADVISODY PLATiNING REPORT ON THE -APPL CATION FOR A VARIANCE TO ALLbw A GROUND�
SIMIT TO BE CONSTRUCTED PARTIALLY OF COMBU8TIBLE 1UTERIALS LOCATED AT 311
1ST AVENUE N'ew.
We -have re'v'ieWed' the above* applic-ation and -f ind the following:
I N�ame of Petitioner: Vogel Outdoor Advertisina
2. Reason forNariance:,.
Z
1� -The sign below -our' e Poster Panel is of temporary -Mature due'to.
perman nt
the fact of. ownership changes and financial changes of the -Depot House.
A,more-permanent: type of sign -is planned.to be fabricated and built after
these�changes develop,
,,2. The Rochester Sign.Association and companies have submitted to the Plan-
ning and Zoning Commission changes to be considered in the.present sign,
ordinance whereby signs of this nature,and other embellishments can be
fabricated'f" ther combustible material'
roP wood or o
3., It creates -a hardship in sign,manufacturing-to',.make embellishments
such
as.this and oth,ers f rbrii incombustible 'Material.
Dep a r trne n t a I 'Rev i ew:,. (See. attached. letter. from Building' & Safety Dept.)
4'. City Planning Department:
The Application:.
T-he application request a variance from Paragrph 43 the -Zoning Ordinance
-P93 of
permit* combustible materials to, be'. incorporated into a sign structure 'that
is .-'over 13' in height...
Findings:
In a routine inspection of this sign on -the site.it was noted that the
CP
sign was constructed of incombustible -material with the exception of the
....-courtesy,,panel which.advertises the-Pepot House on whose property the
sicyn was erected. 'This�
panel'is constructed of p ywoo.d.and is in direct
violation of7the Zoning Certificate and.Building Permit on.�jhich the-si-n
was.issued. (See attached Zoning.Certificate and Sign Permit.)
The.sian-involved has been placed'in violation of the Zoning Ordinance,and
avlolation notice has been issue'd.�
General:-
P
61.051 Variance FindiTy-s of the.Board: No such *variancd *of the provisions.
ortre.quirements of this Ordinance -shall be authorize'd.by the.Board
un . less the,Board.finds that all of the following facts and conditions
exist*
61.0510 Exc'eptional Circumstances: That.there are exceptional or extraordinary
circuL-istances-or conditions applying t o th e property in question or,to
the.intended uSe.of the property, that do not apply generally to.other
erties or classes of uses in. t�e same zoning,distri'ct.
prop
7r
-This sign: is located in - the �171 zone, it, is -also located in
ne 2 All structures in Fire Zone #1 have, t o be
a -Fire Zo
built of incombustible materials. Also the Zoning Ordinance
states that. any groufid-sign over 13',in heigh
C, t has to -be. built
-of in
coribustible-.-.materials..
The Department.cannot.'find suf f icient evidence -that exceptional
circums't'nees.-exist.
�61.0511.Preservation of Property Rights; That such variance is ne essary- for
the preservation and enjoyment of substantial property ri hts*.possessed-
by theni T) op.6 -dis,trict and in' the
r _rties in the same zoni'ng
same
i,vicinity.
'l must -be constructed of imcombustible
All structures '.in.Fire -Zone #
material, therefore there is no deprivation �of property rights.
-All- properties in.this district are subject to the same regulations
.-61.0512 Absence of Detriment: That- the authorizinc, of such variance will not
be of- substantial detriment to.adjacent-pioperty, a i.d will not
materially impair,the purposes of this Ordinance or the public interest.
This sicn, is not of: any detriment --to any adjacent properties but
M.. if -this variance were gran-ted.it would.,-clertainly impair the
-purpose -of the Zoning Ordinance.
61.0513 Not of General Nature: No cyrant of a variance shall be authorized-
u
unless.the' Board-soedifically.finds that.the condition or.situation
of the.specific pie-ce-of.property, or the'.intended use of said
property, for which.variance is soughtis not -of'so.general or,
recurrent.a nature as to make reasonibly prac:ticabl�e the.'formulati
-Lqn
of a. general regulation,for such condition's or situation..
,The request for this.variance is potentially 6f.such a general
nature,that,if it is decided that combustible materials can.be
--used then the Zonin- Ordinance should be amended.accordinal
y
rather than grant a variance.
'Conclusion:
Based on-the,above analysis we cannot find any basis for this variance to be
granted.
COMMITTEE bN URBAN
ENVIRONMENT
.... .. .. Roorn 22 lurnmi, Building
.0- 717 3rd Avenue S.E.
Thone 282-4924
288-4925
r
;j Ito. L4,
55901
..August 17, 1970
City Pla . nning and Zoning.Commission
Room 22,. Summit Building
717 Third Avenue S.E.-
Rochester, Minnesota -55901...
Gentlemen:
Eight members of the' nine -member Committee on Urban.Eftvironment voted
unaniin6'us fy to recommen'd the denial of
I.- Variance No. 70-19 to allow a sign to be placed one.foot from
the-front.lot-line on property located at 918-Second'btre6t S..W.'
'72"' Variance No.-70-20 to allow a ground sign to be construdted
partially of combustible materials, located*at 311 First Avenue
N.W.
Signed,
Hill, Chairman
Louis H.
Glenn E. Miller
M.J. Martin, M.D.
Ann Huey.
Shirley' Baldwin
Bill Ke.tchum
David Hoffman, M.D.
Robert Richmond
cd:. City Council
Public Works'Committee
LH:'bl
ME ETI N
MCIL ACTION* DA-T E SeRt- 1970
:]REQUI'ST F R'COUD
GENDA SECTION: 1jearings, 7 .0RIG'INATING DE.P'T:
Planning
IT EM: ITEM D-ESCR I-PTION.: Application fo r 6�variance-to permita 6' high PRE, RED BY.
redwood fence to be constructed in- place of the:-solid.masonry wall.. :1
N OT-�_ d in Paragraph 4 4 '.'0 1 of Ordinance No. 1296 on property
require,
-S.W.
located.at..1151 Second Street
Fugust 27, 1970
City Planning and' Zonia& commission Recommendation:
On August 26, 1970 d Zoning C'Otrmission.,considered-thd.-above
the City Planning..an
for a. variance.
v'sions of Para raph-:44.01 of the Zoning Ordinance have never
We find. that.thd pro 3. 9
has stated
ew. service station and. the Fire.De.p'artment
been fully -enforced on any A
that.such a wall is not necessary for any fire protection purposes. We do fee
e- g-for the adjoining'residehtial
however-, that thire -is a need to provide some. 9creenin
uses,
Based on these fi ndings-we recommend that -this variance be granted subject to -the
applicant.constructing a basket.weave redwood -fence 6 feet in height along the
adjoining.the-alle' 'and that A-barriercurb be constructed -on
north property. . Y. . I '_ -
station.property-approximately 5 feet inside the fence to prevent an
p Y..
unnecessary damage to the fencing from.parking cars.
Council Action Needed:
1. The CityClerk must publish.a-.Iegal:notice,.-of.hearing in. the P.os.t Bulletinno
-later'than Saturday, August 29, 1970. , A-Written-notic.e must also be sent to,
the parties interested no..later than 'September 4, '1970.
2. Following- the 'hearing, should-the.C.ouricil'decide to-ptoce'e'd,.it should instruct
the City.Attbrney to prepare, a resolution that can be..adopted.*.-.
r
Attached-:
1. Copy of City-.Pla"hning Depgrtment-report.._
2. Cppy of list of property.owners to be not.i.f ied..
3.. Copy of. letter from Adjoining owner..
..Distribution:-
1. city clerk
2. City Planning Department file..
E T
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41
ADVISORY�PLAITNING REPORT ON THE APPLICATION FOR A VARIANCE TO PERMIT A 6
'HIGH REDI%IOOD FENCE TO BE CONSTRUCTrD.IN PLACF, OF T11F SOLID MASONIRY WALL
-NO. 1-296-ON PROPERTY LOCATEDAT 1102-21ND
-REQU.IRED IN PAR.. 44.01 OF ORD.
--STREET's W.
We.,have reviewed the ab ove application And find the f 61lowing:
I.. -Name of Petitioner: Gulf Oil Corporation Mr. Alvin E. Benike.
:..2.- Reason for Petition: To construct a 6' high redwood fence. in.place of. the
slo-lid masonry wall as' provided in Ordinance No.. 1296, Paragraph'44.01.
Departmental'Review:. (See attached.letter.)
4'. city Planfi-ing Department:
-Backgrouno:
A new service station is beina built on Lot 2 of this property to reiplace
the old one that will be torn down when the new one is completed.
This property is located in the B-lb District and as such a service station
to have a 6' high solid masonry wall -along --its border'where it
CD
adjoins an R-District.
Findings:
.1n.order to grant a variance the Zonina Ordinance specifies certain conditions
..that must exist.. The provisions of the Zoning Ordinance are as follows:
61.0510 Exceptional Circumstances: That there are..exceptional,or.extraordinary'
circumstances or conditions applying to the property, that -do not
apply generally to other properties or classes Of uses in the 'Same
C,
Zoning district.
A 6' high solid masonry wall is required on all service station.
lots in -A B or M District that adjoins'an R-Distri6t.
The property involved in this variance is not an e�xceptional
circumstance
61,0511 Preservation of Pr2jjer�t� h .
_y T�i ts: That such variance is necessary for
the preservation and enjoyment of substantial prop
erty rights possessed.
by other properties in the say.,e zoning district and'in the same
vicinityi
This masonry wall requirement may impose a financial problem
on the:owner, but he certainly is not deprived of-his.prope'rty,
rights. All service stations, are subject.to'the same standards
when they.adjoin'an R-District.
61'.-6512- Absence'- o-f_ -Detrii-.,�.ent: That -the autborizing'of:suth varian6e- will-
-not be substantial detriment to.adjacent property, and will not
Materially.impair. the purposes of this Ordinance or the piliblic
interest.
The -raw-incy of this variance will a I to
n t.be detriment,
adjacent property �owners if -proper'res"trIctions accompany
.,variance. Some' other form of screening would
--this be adequate
e
vis' ds fro
and pro I lons'.'M us t "be -made. to -prevent flammable liq m
s . eeping...onto adjoining -pT7operty.
.61.0513. Not of General NLitur'e.:. No. grant of a. variance -!§Hall be. auth-orized
unless.the-Boa.rd specifically finds-that-thb conditions -or situation
of the *. s'pe-cif ic p-iec.e of property, or the intended us . c of-- said prop-
erty, for which.variance is.tought-is'not of -so general or recurrent
a nat.ure.as, to make..reasonably practicable the - f ormulation Pf. a
-regulation-for such conditions or. situati n.
general 0
The situ�ation prbpo�ed is of such a� general and recurrent
nature -that it'might'be more. prac ti cal to ahend the''Zoning
Ordinance' to- permit the use of a wooden 'fence and concrete
barrier '5." inside' such. fence.
-Conclusion:
..Based on -the above findings the Planning Department is of thc� opinion that this
variance should no't be.granted b6cause.it does not -comply with the findinas
requited to -grant a variance.
If it 'is- felt that'Par.- 44.01- P f Ordinance No. 1296 is not necessary -,.then the
Ordinance- should be amended to establish a new standard.
*ty Planning *.,and Zoning'Commission- see fit to, recommend dnproval
�hould, the Cl
ofthis variance we suggest that some'*form of screen Tenciii- be require - d as
C>
1 6 ari nce and that -a barrier curb be placed at..
a * condition -of granting the V, a
.1east.4-5 ft. from the fence on the.service.station property to prevent it
from being damaged by cars manuvering in the area.
7
PAP
34
0
I -Tit -D
F1 k
ROCH ESTER FIRE, DEPARTMENT
-ORVILLE N.- MERTZ,,�Chief
1970.
Toin .0. Moore
City Planning.D'irector
717.3 Avenue S.E.
Rochester, -Minnesota
---Dea Mr. Moore:
r
We have no objections to the-variences requested in the
biblow named:projects:
Application.ior variance to allow a 61 high red.wood fence
in p,lade of. -a concrete retaining —wall as provided in Ordi-
.1296, Article 44, Paragraph 44-01, o''.property located
nance U n
at 1101 Second Street S.W.
A
pplidation f6r*a Variance to diviate from.the ordinance
:'..requiring a-,6' high massonary I irrall (Ordinance 12.96, Article
the property located a- 1152-
graph 44.01) alonp
44, Para.,
7 Avenue S.E.
Very - truly. yours,
.0 rville Mert
UZ
'Chief of Depaitum'ent
�Om:pw
ET t3i
AUG 21
1970�
CITY
PLAN
D
ROCH EPT.
ESrER,
-MrSOTA
FA C r V IN UPS
Op. 9, 1970
EQUEST FORCOUINC11. ACTIC� D,�,T E
]AGENDA SECTION. .�jRparinas ORIGINATING DEPT:
Planning
rEM: ITEM. DESCRIPTION: Application for a varianct�_ to allow .*the 19'. PREPARED BY:
front yard requirement to be waived -to permit parking -of cars with-
N O-f - 0 : - .. I I
in 5', of -the sidewalk, located at 3:07 Third Avenue N.W.
T Augus.t 27, 1970
CitX'Plannina and Zoning Commission Recommendation:
On-,Augus,t 26,1970 the City Planning and Zoning Commission considered'the above
described application for a variance-.
We'find that the original.permit that was.issued for the development of -this property
'd -the parking of cars -up to near the p roperty line orl'.tiie'east s ide of 4th
authorize
Avenue-N.W. On the strength of this -permit the applicant-prdceeded to build the
apartment.building and the offstreet-parking atea.� We feel that it would be un-
reasonable- at this time, to -require the applicant-toxemove two offstreet-parking,
spaces, even though technically the Zoning Ordinance declares invalid-any'petmit
that is issued contrary to the provistons'of the Zoning Ordinance.
Based.on these findings we recommend,that this.variance be granted subject to the
applicant.constructing a suitable screening.along-the.nor.-th.boundary.,of the parking
area where.it.adjoins the property to the north.
Council Action Needed:
1. The City Clerk -must publish a legal notice of hearing in the -Post Bulletin no
later than Saturday, August 29,. 1970. Written notice must also be sent to
the. parties.interested no later than September 4,1970..
2'. Following the,hearing*, if the Council decides to.proceed, it should instruct
the City Attorney -to perpare a re-solution'for adoption.
Attached-
L' Copy of City. -Planning Department, report.
2.- Copy'of list of property owners to.be notified.
Distribution:'
_..City..Clerk
City-, Planning Department File
0-� IV CMA W
%."r* U F-1 C 9 L. ACYIWI: motio.n by: Se-co'nd b y:— to:-
APPLICATION FOR A VARIANCE TO ALLOW THE 19k FRONT YARD REgUIREMENT TO BE WAIVED
TO
M AT 307 3rd AVE. N.W.,
PERMIT PARKING OF CARS WITHIN 5' OF THE SIDEWALK, LOCATE
We
have re viewed the above application and have found the following:
l..
Name oner: Robert C. and Virginia F. Neill
of Petiti
2.-.,..
Reason for Variance: The building was located an lot and designed to conform
with necessary requirements to obtain permit�- Permit -was granted July, 22,' -1966.
It was considered that Third Avenue was.the front yard and Fourth Avenue was
therdar yard. Violation now states that Fourth Avenue is now. a fr6nt.yard*
and ordered three parking places vacated. Applicant requests parking on lot
within 5 ft. of the sidewalk.
City DeRartment Reports: No ob ections-received.
'City- Planning Department:
The A plication: In reviewing the above application.we find that the above
property abuts two streets which makes the lot -a through lot'or a double frontage
e -a- 0 n
lot, having frontage on both Third Avenu" nd F' urth Ave'ue N W. Paragraph
CD
52.002 of the Zoning Ordinance states as follows:
"Double Frontaa!�.Lots: Building on lots,having frointage on two nonintersect-
.,....ing streets,need not have a rear yard if an.equivalent open space is provided:
on the lot -in lieu of such required rear yard; applicable fronty_�rds mus.t.
be -provided, however, on both streets."
A,front yard of 19 ft. must be maintained on Fourth Avenue N.W.1which is
minimum in the R-3 District as modified.by Paragraph 52.00.
General: In order to grant a variance it is necessary for --the applicant.to
-set forth i the Zonin-.Ordinance. These criteria
satisfy four criteria as n
are as -follows:
65.0510 Exce2tioinal Circumstances: 'That there are exceptional orextraordinary
circumstances orconditions applying to the property in question or.to'tbe
intended use of'the property, that do not apply genera L to other properties
My
or classes of uses in the same zoning district.
This Department cannot find any exceptional circumstances. There -is room.for
nine parking spaces or one for each apartment with the 19 ft.' front yard- -se.t-
back. Terrain features are flat land.
65.0511 Preservation of Property_11 �hts: That.such,v'ariance is necessary for
�.the preservation and -enjoyment of substantial propert y rights possessed by
other properties in the,.�same zoning district and in the same vicinity.
The applicant is..able to provide sufficient-offstreet parking., without using
the required front yard space -along Fourth Avenue N.W.
65.0512 Absence of.Detriment: That the authorizing of -such vari-ance-will not
of substantialdetriment to adjacent property, and will not materially
impair the purposes of this,,Ordinance-or'the public interest-
By'permitting front yard,parking it would be detrimental to the adj.acent
property.
-11 be uthorized
61.0513 Not of.a. General Nature: No grant of a variance sha a
unless, the'Board specifically finds that the condition or situation of the
ific piece.of property, or the intende� use of said property, for which
-speci
variance is sought.'is not of so general or -recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such
conditions or situation.,
Thisrequest for variance is of a -general nature. If the'City is going to'
-dinance should be amended according.ly,
permit.front yard parking, then the or
5. Conclusion:
....After analyzing this application, this Department finds that none of the
criteria for granting a variance have been satisifed. Based on*these find-
ings we recommend denial of this variance.
Should the Commission find additional evidence to warrant.granting.this
vari . ance we would suggest that the parking be allowed no closer than five
feet to the west property.line and that'a suitable screening hedge:be planted
alon- the west line.and the north line where the parking area adjoins the
lot to the north.
-2-
M E E T 1 0
-EQUEST F 0 R COUNCI L ACTIC A_J
N D
AGENDA SECTION. H,;ar3-.ngs- ORIGINATING DE PT:
Planning
TEM, ITE M -DESCR-IPTION; Application to vary the�provisions of Paragrapi! PREP -A -RED BY:
igh masonry wall
44. 0 of.the Zoninb, Ordinance requiring a 6' h
N O.F70 along the I ot line adjoining an R-1 District on property located
/ui--- 12th Street S..E. M
M,
r August 27, 1970
City Planning and Zonin8-Commission Recommendation:
On August-26, 1970 the City --Planning And,Zoning to:mmissio.n.c.onsidered.-the above
described application for -a variance.....
We find that the provisionsof�Patagraph,44.01 of.the Zoning Ordinan'ce*have 'never,
been fully enforced' on any- I new service sta'tion-and the Fire Ddpartment.has ' stated,
that such awall ismot necessary for -any fire protection purposes.. We, do.feel,
there is a. need to.proVide some screening for -the adjoining residential
uses. -
Based on these findings, we -recommend that this Variance be granted subject -to the
applicant -constructing a b-isket -weave redwood -fence 6-feet in height along.*the north-anc
'line,.but stepped down to,the east-propert line on Seventh Avenue-S.E.
east property y
and that*a barrier curb be constructed on -the service station property approximately
5 feet inside the'fence to prevent any unnecessary dam ge to the fencing from parking
cars.
Council Action.Needed-
The City Clerk must "publish a legal -notice of hearing in.the Post: Bulletin no -
later -than S6turday,.A_L1gust_29,'-l970. A written notice must also be.sent to'
the 'parties in interest no'latet than September 4, 1970.
Following the hearing, should the Council decide to proceed, it should -instruct
the City- Attorney to -prepare a-resolutioA that c an be 'adopted'.
Attached:
1. Copy of City Planning Department report.
2.. 'Copy of -list of-.prop-erty owners to be"notif ied.
3. Copy of -'letter from adjoining Muer.-
Distribution:-
1. City Clerk
2. City planning Ddpartment'71 e
0 U P11 C I L A 1"" H M 0* t i 0 n, by: Se'cond b tot
Y.
ADVISOR�Y; PLANNING REPORT ON -THE API�LICATION.-TO-VARY THE PROVISIONS. OF
PARAGRAPH 44.01 OF THE ZONING ORDINANNCE REQUIRING A 6' ftIGH SOLID RASONRY
..WALL ALONG. TILE LOT LINE, ADJOINING A N R-1 DISTRICT' ON PROPERTY LOCATED AT
701 12TH STREET S.E.
We have reviewed -the- abiove-applicAtion.and find -the -following':
I,.- 14ame of -Petitioner: -.Gulf Oil Corp9ration-.-,-'Mr..-Alvi �E,'. Benike.
2. -Reason '�o'r'�'Petiti o-n:: To vary th'-e of the -Zonin-'.Otdinance .requir-
p�Ko.visxon_
ing a .6'. -high. solid mas lo'--th it d
ohry- wall. a ng e property. line -where a joins
-an-R-District-
3.- De artmental Revie-w: .(See. attadih6ad-'16't ter.).
ci ty P lahning De artment::
Bar-kground:.
This service station loca�ed'on'this%.property is..currently being remodeled.
It has: been used as-.d service -station with. stalls-- for --greasing and" repair
on -autos, but will now be used s-tric'tly ."s-
a atetail. g4s.:-S.tore. wi.th -no repair.'
or -greasing of-vehic-les.
-of the-- loning Ordin* e* -that when -a service statibn
gragraph 44,.01 ance requir s
'is -built in a B7District, that .,adj oins.. an R-Dis trict.- a V.,high, solid..-Mas
onry
-wall Pust be -constructed -where the- property.. adjoins the R-Dist.rict'... , This -
property is located',in-,a B-lb Disttict'.and' dj gins 'an R--�-1 District to th�e
a
north and east.
Findings,:
In order to. -grant a -,variance theZoninc, -Ordinancle.--s'pe-cif ies. tert'ain-conditions
t.hat-must be met. -The provisions -of 'the Ordinan'ce are. -as' follows:
61.0'510'Exce tional Circumstances: Tha-t there are exceptional or extraordinary
a. r-'conditibns 'applying to'lthe property, - tfiat.'do"not
apply,generally t"i other. prop lasse' of uses in -the same
0 erties or *c s
zoning.district.
A, 6.' high�,solid'masonry*wall is required on.- all station
-,..lots in a.B or �1 District.- that adjoins an R=Di'strict_
61.0511 Preservation of I�Lgh t s� 'That such.variance is -necessary for
the.preservation and enj*oyment,of substaintial'-property.xights possessed.
by other pr.opervies in the same zoning dis tric*t..'�,nd-.in, t.he -.samd
vicinity...
asbn -a f inaticia
This m� ry...wzill requirement may -impo e .1'problem
s
on the oi.rner, but. he is.not'. deprived. 6f-his property -
All. service;stationsl are.'s"uhj.ect- to the --same standards
;-n R�Distrkct-.-
-when they -'-adjoin a
61.0512 Absence of Detriment:,That the'authorizing of such variance will'
will not
not be sulbstanti'al detriment to adjacent -property, and
materially im'air the purpose of this Ordinance or the pub ic
P
--interest..
n Ill n t:be detrivienfal.to
-The granting of this varia ce- wi 0
'ictions 'a ccompany:,,
adjacent,'property 'owners if proper -restr
this variance.. Some other form of screening would be,adequate
and. -provisions must be madi� to, prevent flammable liquids fr . om
seeping onto adj oining property..
.61.0513 Not of General Nature: No'grant-of a variance shall be authorized
unless the -Board specifically kinds the conditions or situation
of the -specific piece of property,,.or the intended -use of said prop-
-hot of so geneizl or recurrent:
erty, for which variance is sought is
a nature as to make reasonably practicable,the formulation of -a
general.reg4lation.for such conditions or"situation.'
This situation is of such,,a general..and recurrent'nature,that
-practical to am'end.the Zo inc, Ordinance.
that. i t mi gh.t be more n.
.-to permit. the use of a'wooden fence and -concrete- barrie*t* 5.'
fence.
inside such
Co nclusioli-,
Based on the above findings the Planning,Dtpartment is. of the opinion that- this.
-comply wi th the'findings
variance should not be granted because it does not
require . d. to grant a.varia�nce.
If it is felt that -Par. 44.01 of Ordinance.No. 1296 is not necessary*-'then'the
Ordinance should.be amended to establish a new standard.
Should the City Planning and Zoning -Commission see fit to -recommend approval
of this variance, we suggest -.that sortie"'formof'screen fencing be' -required as
a condition of granting the variance and that a barrier curb be plated at�
least,4-5-ft.-from the fence on the service.-stati.on property to prevent it
from beinc, damaged by 'cars manuvering in the�area.
4. So
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The previous document is . Ao the
6eslt quality possible.-'
The ori'inal doc'um'ent- i's bf-VOry poor-
9
qual.ity.
Scan.ned by Olmsted County
Im.aging Department
ADVISORY PI_-AIR\IDIIIG REPORT ON TIRE APPLICATION' FOR A-PPIRWAL OF THE'FINAL PLkT. OF _OOTil
PARK.EIGHTH-SUBDIVSIO'i\,I.
-Fou-
N� e of Petitioner:.. Mayo ndation
2.:". City Planning Department Revii�w:
We have .-reviewed the fin-l'plat application for Mead . ow -Park E . ighth Subdivi sion and
CD
-we find the f ollowtng.
Part of the' property unde� consideration here has not yet been- annexed to the City
of Roches -ter. Before action can be taken on the pla�t be.the Common Council, the
annexation will have.to comV!eted-. All'that remains - to' be -done before the annexatio n
is 'Linalized.is.t.hat it must be published -at least -two-times in the'.newspaper., The
City.Planning Commission, however, can act onthis application at this'tim'
e.
'2. None of the required si-natures �'are_ shown on our copy.-of-�the'p.lat Thes I e must , alsc
at a'oe' he Corn. on C 'uncil,for approval
be added- befo're the pl s to t m 0
S -the need -for a temporary cul-de-'sat on the
.3. Considerdtion ha b en given by u's to
orr of 10th Avenue would sc�rve' oftiv
south'end of 10th Avenue S.E'. Because this porti�L
two lots'at.the most.,.it appea'rs that a cul-de-.-'sac will not be.needed.here.
4. The "F166d Plain Information.Re-port" that.x�.�s, recent-ly released.by the -Army Corps
of. Engineers shows a small portion of,the pr ' operty un.der considera Lion here as being -
flooded periodically. As much as,two (2) feet --of water can be expected in one p
-art of
the plat -on an,a-verage of-once,every one hundred (1,00) Years.. Although this amount
of flooding probably does not,cre�!te a direct threat to -the safety of the''pe"opl0a livin�
In. -area, it.does point Put the. threat 'of s'om . e periodic pr-'operty,damage and the need foi
some fill.work to be'done at'the time the,property is developed.'
Conclusion:
-We.f--'-nd this,final plat of Meadow Park Eighth SuU-division to be. in order- to- . be r e c o`onie r
.--for approval., subject to points I and 2 in this report being satisfactorily,resolved
before.it,goes to,the Common Council,'fo.r its -approval'.
We would further r ks-b-e required alon'& -all of the streets' in this
ecommend, that.s.idewal
Plat.
REQUEST FOR COUMIL ACT10H
rA.Cr I IN�2 - 9 9/70
DATE
AGENDA SECTION: ORIGINATING DEP'T.'
niza. Mayor.! s Office
'Orga -tional -Business.,:..
'EM: ITEM DESCRIPTION; PREPARED BY:
N 0. ntri�ent of. School Crossing Guards for 1970-1971 D
Recommend Appoi' D. 'Day
I hereby recommend the appointment of'thei following s chool cro s s ing gua S'..f 'or the
1970-1971- school term:
Mrs.'. Agnes Vagt, 1137 7 Ave. S. E. Rochester, Minn.'' Guard location. 8 Ave. &
2. Street S.�E. , R6chesterj Minn.,- 55901.
124 13. Ave i S. E.,,. Rochest,er, Minn' Guard location: 13 Ave.
Mrs. Mary -Winkles,
&'4 Street S. E. Rochester,. Minn. , 55901
Mrs.- Carmen Odegardeni, .1118 1:8treet N. E. Rochester, Mi4n. Guard loc.ati.on:..
9 Street & North Broadway, Rochester, Minn. , 55901;
Ave. N. E. -�rd-lo
Mrs. Carol Wegman, 933 13 Ro, c.hes'ter . Minn.' Guc cafion:, 9 Ave.
14, Street"N.T. Rochester, Minn. 5590L.
Mrs. Marjorie Hentges, 800 Memorial. �Parkw_ay,., Rochester,' Minn.'. Guard location:
6.Street & 7.-Ave. S.W. , Rochester, Minn., 55901.
Miss Mary- -;M cElligott, 538 14 Ave.. S.W.,, Rochester.' Minn.'' -Guard location:. 14
Ave. & 6 'Street'S'.W. , Rochester,- Minn. 55901;
M b
rs. onna Jorgenson, 83 8 5 Street -N. W. Rochester, Minn'. Guard. ldcation:
West Frontage Rd & 6 Street S.W.. Ro-chester,-,Minn'.., 55901.-
Mrs . - Vearl Bundy,. � 0 9 19 -Ave. S..W... Roche'ster,.. Minh. .-Guard location: 11 Ave. &
West'Ce:nter Street,. Rochester, Minn.`�' 5-590-l:.'.i
Mrs.'Mildred M,cGuite,'1314...2 Avenue-V.W., Rochester,' Minn'*. Guard. lo'cation:
2 Ave. & 13 Ave. N.W., Roch-ester, Minn., 55901.
Mrs. Marilyn Lundquist,_- 1512 3 Street N. E. ,.Rochester, Minn. Guard. -location:
14 Street. & 8 Ave. �N.W. Rochester..,, Minn. 5�59.01.
621 3 Street N.W. , Rochester, Minn" Gu"ard location -
Mrs.. Josephine Cassel,
14 Street & 13 Ave., N. Rochester, Minn.-, 55901-.
-7--mrs. Joyce . Maloy' 3808 19 Ave- * N.W.,,,Roch"ester, -Minn.. -Guatd,location:. �11 Ave.
& 16 Ave. N.W. I �ochester,- Minn. , 55901.
Mrs. Donna Cords, '1866'19 Street N.W. , Rochester,, Minn. Guard location: '19,
Street &19 Ave.- N.W. , Rochester� Minn. 5590.1.,
- (acation- Elton
Mrs. GeorgiaNelson, .1127 Elton Hills, Robhester, Minn.. Guard 1
.-Hills Drive & 14 Ave.,,,' Rochester, Mihn..,. 55901.
Mrs.. Ruth Pater, 814 1 Ave. N.,E. .- Rochester, Minn. -Guard location': Herbert
Hoover.4 Elton HiI15 Drive #3,69, Ro.chdster, Minn.-, 55901.
Mi: Guard location -
Mrs. Gearlda Kimball,, 6 19 Ave. S.W. , Rochester, nn 19Ave.
& 2'Street S. W.., Roche-ster, Minh. Z 5 9 0 1'.
Mrs. Beverly Ryan, 1509 9 Street N. E. , Roch'esterl Minn,.-, 'Substitute Guard.
I. Mrs. loan, Kujath, 12-08 4 Ave. S, E.', Roche-ster, Minn. S.ub.stitute,. Guard.
J.
COUN, CIL ACTION: motion by: Se�ond ..b Y: to:
9/9/70
REQUEST FOR COUNICILACTION DAI E
AGEND.'A SECTION: ORIGINATING DEPT:-
Re' rts &,Recommendations- Adm. Ass't.
po
PREPARED BY..
EM: ITEM DESCRIPTION..
0.
�Liquor Or'dinan;c'e..Amendments, LT Andre
F-The Public -Saf ety Committee- has. met'with the local retail liquor
in*tetests.-and.discu'ssed possible.'ameridmdnts to,the'liquor ordinance.
ThewPublic Safety -Committee -is reco . mmending for your consideration
the fol.lowing amendments to the City Code:
1. That the City be authorized to issue one off-sale-exclusive'license
-for - each 3500 residen'ts, according 'to the latest officialcensu
S.
-At the present.population of 47j797,' this would allow three addi-
tional licenses.'.It-.,appears at. -this time -that -the 1970 census would
Allow an ad6itional-license under:-Lho---above.ratio.
2. -irhat'a-non�re'fundable . inVestigatio . '-fee for.,new on and-off-sa.le
n
liquor'license,applications be established as' follows:,
a. 'Individual
1-b. Partnership, 00
c.-.�-Corporation 500
3.'' imum-guest room arid -dining capacity for hotels
Increase- the.- min.'
motels- and restaurants.as follo . ws:.
a. Hotel -Motel Restaurant. A minimum of'15'0 guest rooms
a
..-and-a.minimum dining capacity to serve�100 guests at
9
�.one seating..
b. Restaurant. A minimum dining capacity -to serve 100
guests -at one seating.
This.provision' would -not be'retr,oactive to existing-lic'enses, nor'
would it require conformance to a new oAiner/lice.n'see.of-an.e--�ist--
ing- licensed .,establishment.
4'. .'Provide in the ordi fianq el" -s.pecif ically for an',exclusive on"sale:
iquor t
liquor license.classificati.on— An 'exclusive'l'. s ore is
defined by. -,state law.as.-an "establishment-used,exclusively for the
sale �of -.'intoxicating -liquor--, cigars, cigarettes-, ice,. all-.forms.of
tobaccoj- . non-intoxicatifig malt beVerages and soft'drinks at -re - tail,,
either-ori.or off -sale.,,.
COUTICAL ACTIOW motion. by: Se con d by:. to:
"2-
.5-....Establish a ratio of exclusive on-sale.licenses'to total author-
RM -30%'a "d a maximum of 40%.
ized on -sale licenses.of a,mini 'm of
The present City.Qfficial population.is 47,791. The. City.is
-'authorized to issue one on -sale -.license for.each,2500 *eople, or
p
.-:a total.. of -.19- license.s. under, the above -ratio... the. Council. could:
issue a minimum of.6 and a-maximum,of 8. -At the -present -time
there ate.8-licensed establishments that-wbLild be classified.as'''
...."exclusive" -on -sale as defined under recbmmenda.tion.No.. 4 ab�ove.'
.6. Increase..the annual:on-sale license fee from �2200,to $3000.
7*. 1 f -an applicant for an on,or off-sale-license,propos6s to operate,
a.liquor. establishme�nt.:in an'existing'.struc . ture, such a structure
*must meet all of the minimum requirements --of the building'and
safety,-codesi,
8. Applicant for on or off -sale libense 'be�, required to submit. pre'-`
.1iminary plans and sketches of the proposed new 'structure or'
facility.,
-9. If an applicati-on-is.approved, the Council-would.issue a letter
of intent.to issue -the licende,.subje.ct. to meeting the require�-.
ments of -the City Codes.and the rbpresentations-made by,the
applicant.,
10. Require -the applicant to specify that,.the-e.stablishment would'be'
opened --within- a certain number of � days- after-'approval:.of-the
------application'. � If the establishment did not -open wD , in,.'
Lhi. iO 'days
from that' -date specified by-the.:applicant,-ap.pl.ic'at-ion approval.
would be revoked; unless the applicant, submitted -a formal,request
for an,extension of time.
ll.. That new application -forms be,de'signed to reflect.the amended.
ordinande'changes.and applicants would-be considered cinly,from,
the new'a-pp'lication form. All existing applications or letters
of application on file in the City Cldr.k.'-s of f ic'e would, have'to
be re -submitted to be.conside*r'ed. Da.te'�or'-time 'of submitting an
applicati6n would.not be a consideration in' approving applica-,
tions—
P
Suggested.'Motion: To. approve -recommendation of the -Public
'Safety.committee and. to instruct tho�!.-City Attorney to.pre*are
p
the--nece.ssary ordinance amendments and to-.revise.tbe.application
form to -comply u*rith the proposed amendments.
A
7Z)
26, 1970
August
Rochester, Minnesota
-s I s t,.:�.n t
I .,.James Andre, Administrative 'As
.Cit3� Hall,
Minnesote,
Rochester
DeAr, :M-. Andre:
will sponsor Music iib e k:
The Rochester Symphony. Guild
beginning. -on Sunday' October 4th.through Saturday., October 10th,
to publicize the.beginning of the Rochester,Civic Music Season.
C- is a list 6 f ac'ivi"ies *-planned for
The'followina, U
which we shall need permission from the City Council;
T
Installation of a banner (Se-ot 28th) across �nd St at
Bro adway - Triad Si,-,n Company to handle install'ation and - r emo val .
.-(Pct6b.er.l2th).
2)- The "Turkey River All -Stars", a Dixieland Group- wi 11 be
rted by -a pick p truck around.the doTmtb area for the
transpo K-u IM
purpo-se of adv6rtislng the Doc Severin'sen concert. We'shall
need parking metbr space for'' seVeral'stops alon-Ithe way.' The
tentative rbutelto be followed:
N --h on. Broadv�,ray, f rorii 4th St.S.1,1.- to a 's-t o -o between 2nd and 1 s t
ox U
S.ts *0 S.W. Then to Center Street Ulest to .2nd Air.-- S - W. S o ut h on.
Second :Ave. to.,lst St. S-'W. East on First St. to First
Ave.. S
a 4- 0
-Itop vicinity_of Harniy'ls. South to 2 d'St'.':.,S.VT.. �!_,st.,..to: S_ U
in front of Massey's., East to Broq-.dw'ay and - s.o.-uth t o - a stoD
.in "the. vicinity of - LaT,-T1er`1s_ 'Appro*ximate length of time:. 7-'-00 P'
M4
to..-8:0O.' P.T.M. Proceeding' from the area to Crossroads
Cy-:,__a_�d/or Miracle- -Mile Shopping Center.
We will, of course,welcome L n, y suggestions or -accept any changes
whi c h you might find necessary.
3), Thursday -evening, October 8th, h'
as been de'signated as. "band
night and we -would like to. have space arranged doTvmtoTtm'. wh'e-re one
of the local high school bands.can.perform. 'This -will �be a,no'
n--
marching performance, preferably at'the Olmst-ed CoLinty Bank
cornet where the * re would be some overhead.protection for the band
from
-members. In case.- of inclement weather. Th- band" will play I
7:00' P - M, until. 9:00 P-11.
Thank you.very much T or your consideration.
Yours very truly,
c7lo
Mr s. John T-Martin, Pres.',
Roch6ster.'Symphony Guild.,
719 7th,Ave. S W.
Min sota
Rochester�, ne
MEETING
R COUNCIL ACTION DA`T E 2 7 Q
R'EQU�ST ME
ENDA SECTION: ORIGINATING DEPT:
ions Adm. Assistant
Reports and Recommendat'
EM-.- I-T E M D E S C R I P t 10 N Tabul@ PREPARED -BY"
tidn of Bids --Sewer.& Water Extension
N 0. to'Lot ..20-9. Allendale--Su'bdivis ion'
J-1 Andre
Bids are- to e opened a t '10: 30 :A." M.: -on September 9, 1970 -for
the following local improve'ment.project:
"Extension'of sanitary-8ewer andvatermain to serve Lot 20,
Allendale Subdivision."
A.- tabulation and recommendation of these bias will be,a'vailable
at. the Council -meeting
Council Action:. -
To adopt-,the..prepared'resol.ution a4warding the -bid'.
7
COUNCILACTIDaN: M.ti,n by.� Se, ond by:
to
G
M E E T I N
REQUEST FOR C 0 WH C 1111.6 ACT -ION 'TE �9 9-70
DA.
AGENDA SECTION:. DEPT:
ORIGINATING
Fteports and Recomendations Administrative' Ass '.t'
rEM- ITEM DESCRIPTION. PREPARED BY.
NO. Request to Move, Garage J.Andre-*
E - !—
Mr.'Ervin,Hodge of 710 East Center Street has r quested permi's-sion to move.
a -small garage from 1236 5th Avenue S. E. to 710 East Center Street
The r'outing will be approved by the Police Department
COURCILACT-1-OHN, Motion by: Second b y'..- to
ION. E, Y/Y/ fu
'Ll; a
A 9- p i
M JL
C E'N T E -F
7-7-7 1
I S I S . E.
uj
L ro
I. - -
—77
LLI
CO.
Loi
0
Ll
9. S T N. E..
M E E T I N G
-9-70
ST FOR. COMM _TE
REQUE L ACTION DA 9
�- A F-D ORIGINATING DEP'T:
�aEN A SECTION:
-Reports and Recommendations City Engineer
_C�
ITEM: ITEM. DESCRIPTION. Wa,ter Tm%7er for High.-Level'District of N.W. PREPARED BY:
N 0 Service 1krea (Hillview Re -subdivision Lots 1,�,& 3)- J.Andre-,
0-
E
The Public Works Committee. recommends -that the -attached report and
information be accepted-by.-thEi Council and.placed on-file.in thle-City
Clerk's office for future reference.
-report is the. result'of an inquiry from the owners of Lots. 1,2, and'
This
3 of Hillview-Resubdivision about the possible assessment' 6 -these lots
0
for.c.onstruction of the High.Level Water Tower for the N.W. Service Area.
Attached:
Letter -from City Eng . ineer
Iette r from Fred L, Sauer.
0 U C I L. AC T 10 N: motion by. Second b, y: to�:
110 14,
n1l
a Al "L,�Tt _ni=�
DEPARTMENT' F CITY EN61NEER
1602 4th treet S.E.
Phone 288-4316
C. A. ARMSTRONG, City En&eer
MARK R. GRAY, Director of. Mai
n1enan,
september.9� 1970
Project: 6901
Water Tower f o-� high level district
of N.W. Service Area.
-.Res I
(Hillview ubdivision Lots 1,20).
Hon orable Mayor and Common Council
City.oP Rochester, Minnesota
Cren'tlemen
At.the hearing of August 17�on_the 'above project, Mr. Milton'Rosbnblad.,
1108 20th St. N.W. inquired'in' behalf of himself and other o,,mers-of Lots'l,
2., and 3 of Hillv'iew Resubdivision about possible-asse . ssment to these lots
of the proposed wate ' r tower project. He'objected to assessments
.,to these lots because they -had installed.pre'ssure pumps-.wh8n the houses
were built, and because Mr. Sauer, the builder, had told them they would not
be assessed.when-a high level.*ater.' tower was-built.�
The City Engineer has, checked --the record files and finds no statement.
to this'effect.,
---.There is a letter from, Mr. Sauer in Fespect to those three lots.which
is. attached..
-In.,the contract between' the City and Mr. -Sauer who was the o'�ffier-
contractor for the -sewer and wateir'Installations that serve these.lots.,
paragraph (8),states .'.' 11
nothing in this contract.is to be 'construed
as exempting or releasing Replat of Outlots,l and 2, also known 'as' Hillview
8ubdivision-fr''om special assessments.which may- be levied.in the future in
connaction with other local improvement projects -of benefit thereto."
7
a
Altho it is,not intended to levy special-asses'sments initially against
these,lots in' the proposed. high level project:.,. there is no reason that -they',
and when they are connected onto and benefitted
would-�not be-asse8sed'if'
by.this system.
Respectfully.,
PUBITC WORKS COMIVIITTEE
Paul Ludowese
Chairman
Darrell'Strain'
Robert-Wilmarth
Enc.
CC: -Milton Rosenblad.1108 20th St. N.W.
Terry.Curtis 1114 20th'St. N.W.
Maurice Gintz 1118 20th St. N.W4
2025.Highway 52 North
-er, -!-�Iinnezota
Rochast
may 28, 1964
Eonorable Mayor and Common Council*
City.of PROehester,
R tiesteri Minnesota
od.
Gentlemen:
pon the re "Iest of the City o f Rochester Water Departman't',
We agree to the following conditions -for the.plat of Hiliview
Resubdivizion Of. Outlots-1 and..2,.Elto
n Hills 8eventh Subdivirion.,
will. he serviced' with a pressure pump,
ch dw
approved by the Minnesota Stdto Board of Health..
.(2) Strucitures of one lbvel or split level type
ip ra
only be 'periitted on.Lots. 1, 2, and 3, Block 1 of.
said Subdivision.
(3). All. rea�tricitionz Will.be-ihcorpora'ted.in the
--separate deeds.for these -p��Opertic-s 'as. describz4
above,
Sin rel 0 r
y y U
Fred L.
D
n
1964 )U
JUN
U.
'CIL,
M EET NG 9/9 70
Fu U -AC T
-REQUEST MR' CO I C, N DAT E
�.APE�DA,, SECjIO.N:. OR GINATING DEPT:
Reports & Recormiiendat ions EnginE�ers 'Dept.
PREPARED BY:
ITEM: ITE M. Q ESC R I PT [ON:
Job #5822-11A--70
Sidewalk Project llth Ave. N.E.1 Dej2t.'. #8 338
The.Public'Works Committee recommends 'approval of a resolution.
approving'the,petltion and orderi
ng *a local improvement project.
for the - following construction:
"Concrete sidewalk on -the east side of llth Ave. N.E. abutting
lots 5.i 6, & 7 Duville 2nd-Subdivision and lots 6, 7, 8, 9-.
Sawinski's lst Addition."
:This jetition.is signed by-100% of affected pr6perly owners-. When
a-petition,is signed by 100% of the abutting.,property owners,-, a
public hearing is.not required.*
This construction will enable th'e Traffic,Department to move a
crosswalk.to a better.location north.
T -e ebtimated cost of the project is $2228 and to be assessed 100%
h
against.the abutting property owners.
The estimated,dost. is under $5000 �and does not -require a formal bid.
Attached:. ownership Petit�ion-
Report
Map..
Project Budget
Proposal Form
C 0 U r1si C I L. AC T 10 Nil: motion by: Second b,y.: to
Cl
ZA
Vill CY
Al.
S S- 11r. 'N.
UJ
Ri
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2 A"U'61
1 qrso
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ui
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M E E T I N
9-9--70
-QUEST FOP, -COUNCIL ACTI-OH DA-T E
RE
END S.E�:TION:. ORIGINATING DEPT'
gepoi�s'lnd Recommendations City -Engineer
ITEM: 1T*EM DIESCRIPTION. PREP,�RE-D BY.
N 0.- Sewe'' and Water Extension to Hutchins, Replat J. . :Andre
J_
The.Pubfic Works Connitt"lee considered this matter at its 8/31/70 meet i-fig and
recommends that no-portion*of this'proj�ect be -financed -as a local..improvement
project with public funds, but contracted by the owner at his expense..
-If the.Council agrees with the.P.W.C. recommendation, this would.constitute-the
abandonment of. this petition.,. The next step would be'for the owner to make a re-
h --7- a'd contract
quest.to contract the work'at'his expense. In that case,,t e plans, n.
be "'repa -ked.
agreement would p
Suggest6d..Mofton:,
To accepf the'recommendation of. the 'Public Works Committee.'.
Attached:
Feasibility Report.
I L A C T 10 IN: Motion by: Second y to,:
M t t T I N G
V
DAT E.: 9/9/70
L
1,6921 �70B
G EN D-A SECTION; `TING D-E P'T:
ORIGI
Redommandations City Engineer"s Sto'rm Sewer
Northe'rn Hills
ITEM: ITEM IDESCRIPTION; HARED. BY -
PRE
N 0, Storm' -Sewer C on's tru c ti on Nd-rther'n Hills Fir
st Subdivision
The bid of RiVe.rside Sand &'Gravel Co.' for construction of storm sewer
--in-Northerh Hills Drive in"Nort
th rn Hills First Subdivision was received
pn.August.17 and deferred.to this meeting.
-.The-'Public W'orks-Committee recommends that this c ntradt-be awarded
.0 c
ppon completion of a.contract agreement with the propriet,ors.for them to
make payment of the -amount of the benefits allocated to Northern Hills
First Subdivision upon completion of the -work.
This- con.tract-agreement is -being prepared by the Attorney.
Couricil.Action Requested:
To approve a resolution-anthorizing ihe Mayor and City'Clerk to
enter into --a contradt agreement -with Larson,- Gill& -Penz for
construction of storm.sewer in -Northern -Hills Drive.
AP
C ta U
r. a,.-. r c,.
L. . t�e L. 1: M 0 tion by: Se,cond by.
to.,
MtLTIN:G
DAT E Sept-. 9., 19 0
-COUNCIL ACT 101-1
AUQUEST:MMIA
a
'AGENDA SE.CTrON:'Reports. and Recommend, - Ations ORIGINATING DEP T: -Planning
TEM: ITEM DESCRIPTioN. Application -for-approval of the Preliminary PREP'ARED BY:
Plat of North Star -Subdivision.
N O-E
1970
r August 27�
City Planning -and ZoaiLn& Commission Recommendation:
On August'-26 1970 the Cityr-Planning and Zoning Commission.:considere'. d'the above
described application.
We find that this preliminary plat..i. ds revise'd dated. Augu . st 26, 1970,'complie8
I
with the provisions of:Ordinance No..1558.'(Subdivi�iori.Ordi*nan,ce). Some comment
has been,made by the Minnesota Highway -Department -concerning the desirability of---.
closing the one private acces,s onto U.S.- 63 as shown on. -this plat,and also the
possibililty of needi'
.ng additional right -.of --way to widen the highway.in the future.
.-.,Bec'ause no specific-recom-mendation was made by the Minn . esota-Highway Department we'
reconLmendl, that. -the -revised plat �'be granted. approval.
Council Action Needed:.'
-a m6tion-of the Council -
This application can- be app,,qoved.:by
Attached:
1. -Copy of -bi'ty Planning Department. report.
Distribution:
1. City Clerk.
2. City Planning Department -File.
V
=t 4��
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V
ZOO 04�
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01 L I il"d to,
AC 1 -0 P-3 Motion by, Second, by:
IBM
1 Mini SAM;
When
ISO
SIG!,
SIG
sit 1
PRO
7ED
wis
S 01'58'E 49624
Ad
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44; —:30
All
57� 1 is" 1, list, 1;
MIT
1
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On
tail ne's wo 10D N
4 joy',
ygj
The previous document is imaged -to the.,,,
test,quality. poss,;t"�ble-,
e e
The orkinal docum nt is of'v" ry poor-
9
q ua 1-it';
Y.
Scanne,d, by Olmsted County
1-m,a.'gi.ng Department,.
FE'APPI.TCATION FOR APPROVAL OF THE PRELIMINARY
ADVISORY. PLX�r' T'Y- upn,� T QN L
PLAT OF NORTH STAR. SUBINVISI-ONT
We have - reviewed' thd ap-p.lication For approval as -described above, and we
find the fQ 1 JOT-ing,
Name 'of PetitioTle rs Mr. David-T. Bishop and, Mr. William E. -Suk.
2. Departmental Review:
August 13, 1970
Richard P. Y.lobuchar Assistant District ngineer
Minnesota H i ghway Decartment
We have reviewed the above described Preliminary p-lat,and offer the
followina comments:
C,
1) In general, we have no -obj ections t o the plat as developed to date.
2) Please be advised ho!Je-ver, that the 'Minnesota Highway DeparLment
c�rrently is conducting -preliminary studies for the upgrading of
the adjacent segment oE T.11. 63 to a 471ane expressway. ' The im-
provement will affe.ct the subject plat, but the exact nature,of the
affect -.is not'known at this time.
The effect -on -the subject 'plat would be in -several areas; acquisition
of additional highway right of way, and availability'of access. These
-will.be further'discussed below:
of A T Wav
1) Xcquisit-ion oddi'tional T?,ight 0
T.U. 63 to 4-lane can he accomplished in several ways,,
-Expansion o�
e ach -in- rhe subject plat differently.,
affect- If a second'roadwa.y
ent highway, probably
is constructed on -the east side of.the preE
no addition'al ri-ght L�f way.would be required. If a second roadway.
is added on tbe west side' of the present highway, -additional right
of way would be req . u.ir6d across the frontage of Lot 2. The re-
quirement would be approximately 25 to 40'.- The,exacL'requirement
w . ould not be -known until the method'of improvement was- determined
and final designs'underway.
2) Access.
The subject parcel presently enjoys access to T.H. 63 at two lo-
cations; at 31st St. N.'". and at.a.point a�proximately 300' south
of 31st St. 'The preliminary planning of T.H. 63 at this time
indicates that.'the access location at 31st St.., will probably be
retained,. but that the southerly,access location will probabl' :be
Y.
closed. A median opening will,probably-be provided at 31st St.
Several discuss'ions-liave--been held with the Rochester City Council in
an.at'tempt ro determine which of several alternate schemes for up-
grading.T.H. 63 in this -area would meet with their approval.. To date,
.--there has been no agre�ment on any scheme. Therefore-, the exact nature
of the effect of the -project on.the subject plat cannot be determined.
-o
-However, it is hoped that bur comments will be of use t
you and.the
developer in arr.iving at' an.acceptabl6, plat. The actual time schedule
for -co . ns-truc,tion . h*as not vet been established.- but it will be.several
-dway. at the very earliest.
Years
s
�sire additional information on thi mat ter please advise.
�,Should you de
3 lanning Der)artmnnt:
nder th e new Subdivision
This is the first plat application �rev.iewed u,
Ordinance.
of the preliminary plat
lie have reviewed. the application for approval
generally complies with the
in and find that it
of North '�tar :S,ubdi_�.risic
City,Subdivision -Ordinance NO.- 1558 with the, following.exceptions:
The. legal descripti.on on the plat does not agree with the title
opinion or the plat of Sehl's Second Subdivision on the south or
M : Orris's First,Subdivision 'on the north.,
This -description should be corrected or resolved before the -final
p1at is submitted.
2. -The access onto Highway 63 as -s . hoWn or) the plat should be studied
A 1 nd the oi-mers should satisfy the Minneso ta Highway Department an
t I his ratter. The surveyor has,Agreed to remove the private access
onto U.S. 63-and extend the "limited access" along the east
line of Lot 2.
3. It is possible'that the Minnesota Highway Department -may want to
widen U.S. 63 to the west. At this time the Minnesota Highway
Department is'not certain of their plans.so this is pointed out.
the applicants fruture.plannin.g.
Conclusion:..
It is our recomm . endation that -this preliminary plat, as revised 8-19-70-5
be approved subject to the owners making the torrections as stated above.
M t r I I NLU Se
.'0U"\C1L ACTION TE, �pt7. 9, 1970
C DA
N�.QUE EST FOn-..
E N D A 5 EC-T I ON ORIGINATING DEPT: Planning
Zeports;-and Recommendations——
rEm- ITEM DjESCRIPTiON-. Application -to rent trucks.and trailers at PREP E �Y.
N 0. 1005.North Broadway.
MT.
�August 27, 1910
0
City Planning anO.Zoging CQ,mmis�ion Recommendation:
On August 26, 1970 th� C*:1L-�y':'P1 . anning and'Zoning Com . mission considered -the. abo-Ve
'described application to rent trucks and trailers on -'a lot, -zoned a - -B-1b District.
We find that this p�roperty.is used-as:a.-service station -and is,iri a'B-lb District..
Itis already being used for this.purpose. We find.that the proposed�use would!
not be detrimental in'the a*rea.-
Based-on1these findings we recommen
d that. thi.s application be granted.approvali
Council Action Needea:
1. A motion of the Council is.needed.
Attached -
I . -Copy''of.the Application.
2. Copy of the �City _Planning De'partment report...
3. Copy,of letters --from the adjoining property-owners.-
t3--DistribLition:
r
1. City Clerk
2. City Planning Department File.,
Motion b Y'. Second �by: to:
[I RE
By-
'C IJT TRUCKS.AND TRAILFRS AT
-ADVISORY P LAMN I N , REPORT ON TH E APPLICATIO TO RE
1005,NORtfl MIOADIJAY
We have r I e�vi . ewed'the above application and we,find the following:
1. Name !of Petitioners: Mr. Gerald C. Rummel 'and Mr. PauIJ6nnings.
2.' Reason f or'Pe ti tion: (See*attach'ed letter.).
3-- ELity _.I�Laai nf,
tackgroUnd:
This is a request made under the provisions of Paragraph 30.041 of
7o. 1296 for authorization to permit the continued use of
-Ordinance N
-this'. property as -a - U-11aul dealership, in the business of renting
ilers`i����� in the open.
trucks and tra
The property is zoned a Blh District and is also.used as a service,
--station.
Conclusion:
-It is - the 'opinion of the 'Pliinning Department- that this application could
be approved if a 6 ft. high screening fence was erected along the alley
side of.this pronertV. Thi's would buffer the B-'lb District froathe R-1
District -to the west across the alley. A partial fence i's already con
structed in this area but it would have to be rebuilt.
M E E T I N.IG
I T DA-T E 9/�/70
REQUEST FC'tl,COU,. 31L AC i ION
R-ErQUEST 'FQR'-CQUN,0.L ACTION
F 1 1 114
DATE
AGENDA SECTION: ORIGINATING'DEPT:
and Recorrm6 nd at ions City Clerk
'ESCRIPTION.
TEM- ITEM D, PREPAR,ED B Y.
.NO.-E--20 Resolutions ordering hearings on'special assessments
r—Fi-ures ha-�e been submitted on 1evyin' -'special assessments for. the f 61lowinor
9 a eleven
projects-,.
I.' Street Grading &.Surfacing, sanitary Sewer, water.main, storm sewer and service
-in-Peck's Hills 3rd Subdivision (6353-64)-
connections stubbed into boulevard
.2. Construction of Street grading arid -surfacing, sanitary Sewer and water -"main in
the.section of Rocky Creek.,Drive-lying' between Trunk Highway IP63 arid the west
line of Rocky Creek Subdivision (job 6802-1�-68_4)
3. Street Grading and Surfacing, Sanita'ry*Sewer, Storm Sewer, -Water Main and Service
Connections in'Keilogg Hills'Subdivision- (Job 6703)
4.. Grading and Surfacing, sanitary -sewer water -main and storm Sewer in Elton Hills
C>
brive.from 3rd Avenue N..W. to the.north line of Valhalla Subdivsion(Job 6460-A)
5.' -Part I -of. -street -grading and -surfacing, .sanitary sdiqeri,' storm, sewer� water main -
and service.cofinections,in 19th Street N. W. and.Block 4, Valhalla 4th
Subdivision,.(Job 6705-4-�60 Part 1)
6 -Sanitary Seweran . d Wate . r Main . Extensions in Apa ch 6 Mall &rea (job 6704-A)
7. Part I of Water Tower and'Trunk Line for -the Low -District of the Southwest.Service,
Area: (Job 6706)
8. -Part. II (Elevated Water Storage Tank). of Water'Tower- and- Trunkline Southwest..
Service Area (Job 6706).
.9. Part:IIA (water,main construction) of water tower -and trunk line, Southwest
Service Area (Job 6706)
10.- Grading -and Surfacing Mail Road.and 16th Street S.--W. in Apache Mall (Job�6704-B)
11. Sanitary.Sewer and'Water.Main ext ension across T. H. 52-14 at Memorial Parla,7ay
(job'5511-64)
Council Action:
ad pt.two resolutions on each project
,If the Council. wishes to proceed
(1) Resolutiondeclaring cost -to be assessed and ordering preparation of proposed
assessment; and
*(2)'Resolution..ordering a hearing on, the. proposed.. assessment..
COUNCIL ACT1019:
motion
b y
Se'c6nd
b Y:
to:
N
UN%
REQUESTF0 CC MIL ACTION
m c c 1 1 f4 � �'
DATE 9-9�-7O
'[okGENDA SE'CTION: ORIGINATING DEPT:
Resolutions and Ordinances Legal Department,
ITEM DESCRIPTION.
EM:
O."F7� I.Resolutions'and Ordinances ,f . or,9-9-70 meeting
P R E P A R E D B
G. Swanson
-C ru�
-Widening,'. repaving, sidewalks, sewers, watermain and �6rvice
Resolutibn.
c.onnections in Second Street Southwest'from. T;;H� 14-5.2 to 23rd
Avenue Southwest. (job No.,6202-3-65.also known as,6202-3-70).
.-2.. Resoltition,' Amen di ing. Pa rking Resolution:# 871. Amendments are bs:f6llio,�-js:
(1) -Section B, No PaLkirlg Zones, Paragra h (95) is 'amended in -its
p
entirety to -read -as f o 11 o-v7s
"(95) Third Avenue. -Southwest o ''th
n e east sid.e.off the street
Xth St nth Street
from., Si rdet -to Seve Southwes't.between the hours o f
8: 00 o,'c'l.ock A.M.-,, and 12:00 olcloc.k. izoon on Sundays only.."
(2) Section B, No Parking Zone,,§,,. Paragrapli (194) is
amended in its
entirety-.tb read as follows:,.
11(194) 13th Street Northwest on both sides of the.street from
.-Broadway to Second Avenue Northwest,between.the hours of 7:,00 A. M.
'and 9:00 A.M.-on school days only
(3) By adding a, new sect -ion entitled "Section j,' Pa's s &er and C bim, od i t V
Loadins Zones, 1!to 'read as follows:
.!'Section J Passenger and Comodity'Loading Zonesi"
."The f ollowing are designated, a.s- Pa . ssenger and Commodity Loa ding Zones..
All, Passenger and Co-rmaiodity Loading Zones are res-triieted,.at' all timcis,unless
otherwise indicated*to parking -for a period of.not to exceed 15.mi-nutes.for the.
purpose of,exp.editiously loading 9r,,unloading passengers or commodities.
".(l) First Avenue 8outhwesE.on�the west side of'the street, 35 fe.et
n First Avenue Southwest,."
more or less in front 'of the.premises kl.own as 415
'.'(2) First Avenue Southeast.on the east gide.-of.the street-froM a.
point 50 feet more.6r less south of East Center Street to.Eas-t Ceenter'Street
(Beckley.'s,. Inc.)
(4) Section E, Passen er Loadiaa ones, is amended by,deleting -in 41 ts.
entirety Paxagraph� (21.5).
3. Ordinance Establishing the.Department of Building and Safety, and
creating the office of Director of Building and.Safety
Firs't..reading
-Tito,
6D 4
Ordinance Annexa tion of the-Baih.ly prop6rfy. (First reading) The Council
decided -to proceed with this-anDexation-at-. the August 3, 1970
meeting.
Amendinc,'Ordinance \o 1466 "An Ordi' ance E in
Ordinance N n stabl.ish
within the City of Rochester an,:U�rban Service -District as
Pr tvj. Fir,�
(Ball y Property). First Reading
Separate Taxing District
6.. Ordinance Rezoiiing tbe,No'r_th,55 feet of Lot 4, Block.,6, Goldeh.Hill Addition
from R-1 to M-1. The Council approVed this rezoning �t�the
public hearing on 7-20-70. First reading ' I s.on'8-�3-70.
Wc
A valid petition has been filed -against this rezoning requiring
a 6/7,Cbuncil vote for approval.
..'70 Ordinance.- Rezoning of the.Rundell and Libby prop*erties.',fro-m R-4 to M-1
(second reading- -3his rezoning was approved -at the 7-20-70
,.public hearing._ First reading 'was given:on'8-�3-70.
8. Ordinance Rezoning of Lot 15, 16 & 18-25,,Christenson-S'ehl Subdivision f rom
R-1 to R-Sa. (Secop'dreading) This rezoning was approved at the
7-20-70 public hearing. _0�e T�Ximl mr�,F_11:w First reading was given
on 8-3-70.
/11'�
INFORMATION
Minutes -of the -Standing Committees 8-31-70
2. The Minnesota Municipal Commission is holding public hearings at 9:30 A�._M. on
September 9, 1970, on the following'annexations:
a. Bible College property
-b.
SAH
Land south of 20th Street S. E. & East of C
3. ' Claim for.injury - Tamara Gleason (referred'to City Attorney & Insurance Company)
4. Referred to'Planning and Zoning Commission:
a. application for approval of a shopping center - Carlton Penz
b. petition of a zoning district change on west side of 15th Ave. S.E.
between U. S. 14 and 10th.St. S.E.
c.: application for conveyance of.unplatted lands at 1527 and 1535 2nd St. N.E.
d. application for*a variance on.the corner of 12th St. & 7th-Ave. S.E.
e'. application fora*variance at the corner of.11th Avenue & 2nd St. S.W.
f. application for a variance to allo�7 a -round sign at 210 9th St. S.E.
g. application for approval of a preliminary plat�- Summit Square lst Add.
h. petition to vacate 5th St.,S.E. west 100 feet from the west line of
Ist Avenue S.E.
i. petition to annex 63 acres in Golden Hill, Knollwood Acres, -etc..
14
STANDING COMMITTEEAGENDA
SUMMIT BUILDING
'AUGUST 31, .1970
SAFETY COMMITTEE 12:30 P.M.
Rochester Symphony.Guild -request -for, banner placement 'and
-Doc Severson Concert. (Request
promotion activities for -
Attached)
zt . e,
71 3 11115r� azll�
26 e, �y Z/
2, Fire Department Lodging -of college students.k4��
S.
PUBLICt�WORKS COMMITTEE 1:15-P.,M. -'3:00 P.m.
11� Metro Development to appear'and discuss plans for.access into
Grindlay property,"
2,",''Meet with Lowell Penz in regard to Northern Hills.storm-sewer.
3-.- Review petition for sewer and water extension for Hutchings
Replat on south end of 10th-Ave. S'.E. Hutchings has.
indicated -he would contract and constr*uct, at his expense..
all -.of the work required -outside of the street R.O.W.
4. Review of plans for sewer and water -to Doughboy and Parksid6
Trailer areas.
L
4 419 Th
A
-2-
Consider"initiation of local improvement project for'7th St. N.W.
Review information of record on former permit to build on
.3 lots in Hillview Restbdivisio- N W 4�Z� f,:,
n on'20th St.
J
7, Discuss reasons for delay in the completion of the Railroad
Parking Lot
FINANCE COMMITTEE - 3:00 P.M - 3:45.P.M..'
Human Relations commission - request,for $100 to-advertise-
or.publish a notice regarding laws'on' minority housing.
2.* Discuss costs for -shelter house.at dump site for winter months.
(pray)
�17
(2.
3.. Review proposed- asse,ssment rolls.
2
COMMITTEE OF THE WHOLE 3:45 P.M,
courtesy Benches. At the meeting of the Public Safety
Ves 'U.S.- Bench Corporation,:Motor
Committee, representati.
Coach Advertising and Geo-rz.,.,� Holter of Rochester Bus'Lines,
requested Council cqnsider;�3,zi--.;;_on to allow the,,placemen't of
'courtesy benches. This would require an ordinance ermit-
p
ting benches and setting :Eorlth requirements. (Attached
summary.of bench. ordinancbs)
CL
PETITiON FOR ANNEXATION
OF PLATTED LAND TO THE
CITY OF ROCHESTER*
comm on council
city Hall
Rochester, Minnesota 55901
-Th.a;� undersigned being a majority of the owners in number of the
13nd hereinafter described which abuts the City of Rochester,
pcti.,Cic).n the Common Council to annex said. land to the City of
Rochester:
.. Desbription: Block -Twenty (20). and Lot Three (3) of Block Twenty-
011e::(21) Golden Hill Addition; Lots one -through Tbn�(1-10) and
.Sixteen through Twehty-eight (16-28) of Block One (1), Block
r%-.-o-(2) and Block Three (3)'of Knollwood Acres; Niell's Subdivision
oil Outlet No. Two (2) Knollwood Acres; South Addition to Knollwood
Acres - Cooper's Subdivision,- Block One .(l)., Block Four (4)., and
.L.ot� One (1) Block Six (6) Hilmer Is Highview Acres No. Two (2).
Rea ; son for Annexation: That the area is now urban in character-
and..that municipal -goverment is required to protect the public
health, safety? and welfare in reference to land development.
and -construction which may be reasonably expected to occur within
a reasonable time.
Totd 1 Number of owners: 92
Area of Land to be Annexed in Acres:
Platted 63 Total 63
Existing Population of Area to be Annexed: 284
,:Minimum number of signatures required: -19
Owner's signatures attached: 55
Respectfully submitted, (Signatures.-attach'ed)
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