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256 10/8/62 <br />?II!JUTES OF THE REGULAR HEETING OF THE <br />EDIIJA VLLLAGE COU;JCIL,' HELD tIClNDAY, <br />OCTOBER 8, 1962, AT THE EDIiIA VILLAGE <br />HALL <br />'lembers answering Rollcall were Dickson , Eacllillan , Tupa , VanValkenburg and <br />3redesen. <br />MINUTES OF bIEETIi4GS of September 24 and October 1, 1962 were approved as submitted, <br />by motion VanValkenburg, seconded by Dickson and carried. <br />aommi, GRAIJTS SPECIAL PEWIT FOR GASOLIHE SERVICE STATIO~I AT ~.49-1/2 ST. AND <br />FRANCE AVEXUE. <br />of Public Hearing on Petition for Permit for Gasoline Filling Station", which <br />Affidavits and flotice were approved as to form and orderEd placed on file. <br />Pursuant to said Ilotice, Public Hearing was called on the Petition of The Stow <br />Conpany and "obi1 Oil Conpany for a Gasoline Filling Station on the 1Jorthwest <br />Corner of France Avenue and 1!.49-1/2 Street, extending 135 feet Xorth from !J,59-1/2 <br />Street and 135 feet !!est from France Avenue, on the following described property: <br />"Tne South 27.5 Feet of Lot 20, all of Lots 21 and 22, and the Jorth 7,5 <br />Feet of Lot 23, Auditor's Subdivision No. 172". <br />Showing a Vu-Graph Slide of the area under consideration <br />surrounding area, Planning Director Hite reported the Planning Conmission has <br />recommended denial of the request for permit, for reasons contained in the Xinutes <br />of the Seytember 5th Commission Heeting (which, Elr. Hite re?orted had not yet been <br />approved by the Conmission because they have not met between that date and this). <br />He also referred Council to the Flanning Conmission Ilinutes of August 8, relative <br />to -this matter. <br />Hite reported it krill face France Avenue, is a two-stall service station, rrith <br />two driveways on France and two on V.49-1/2 Street; that the buildins meats all <br />design standards, and the layout meets standards in relation to setbacks and <br />screening, <br />before on behalf of this petition, asked if Council had raceived a report from <br />its engineers concerning traffic. <br />the station will not add to the traffic problem -.,t this corner, but will alleviate <br />it by creating additional visibility at this corner. <br />report filed by Chief of Police :!ape 9. 3annett, the substance of which cas th3t <br />the station operations rrould not have any serious effect on the traffic situation <br />in t'nis area. <br />Tlrs. "argsret Johnson, 4913 France Ave. SO.^ presented a signed by <br />sixteen residents of the Xnneapolis side of France, and Ewing Avenue, objectin2 <br />to ?reposed permit on grounds that 3 filling station wuld "Creatly de2reciate the <br />value of our ?roperties, and make it a less desirable residential area in dnich to <br />live"; and a like petition v:.:as filed by thirteen residents of-the 4300-Prance znd <br />3900-:F. 49th St. blocks. <br />permit for Silling station, asking for &zoning to Connunity Store of fifteen feet <br />inmediately to the 14orth of the presently zoned tract, and extension of the gasoline <br />filling station permit to contain this Fifteen feet <br />property under consideration is already zoned "Community Stare"; that there rrill b3 <br />a ccmmercial operation on this cornw, 6netlier it is a gasoline statio3 or not, and <br />that therefore the reason given in their objecting petitions is con?letely non- <br />a?plicable to the matter. <br />if this permit is granted, the oetitioners would immediately apply for multiple dvelling <br />zoning for the North part of the property (abutting !J.49th St,); and bfr. aril1 re?lied <br />that petitioners expect to apply for an apartment house on this corner, so that the <br />people on the Edina side will be effectively screened frcn the easoline station. <br />the premise that a gasoline filling station is not more detrimental to an adjoining <br />residential neighborhood than other uses of the Community Store District; that there <br />are other criteria to be considered (besides traffic considerations), such as the <br />keeping of flammable liquids, the intense lightinz, late hours of operation, etc., <br />which must be considered by the Council in detemininz this. <br />Saying he feels that in view of the legal decision; arid'the report of the <br />Chief of Police relative to traffic, he feels the Council has little choise but to <br />issue the permit, Trustee Dickson moved that Permit for Gasoline Filling Station be <br />granted. <br />only mean expenditure of Village funds uith the high probability of having Council's <br />decision reversed by the Courts, although he, personally, feels that there are other <br />Cornnunity Store uses which Would be less objectionable to the neighborins residential <br />properties. <br />Clerk presented Affidavit of Publication and Hailing of llilotice <br />together with the <br />Presenting a sketch of the site plan of the proposed station, I?r. <br />:Ir. Josiah Brill, representing petitioners, reminding Council he had qoken <br />He stated it is petitioners' petition that <br />llayor 3redesen revieved I <br />3. ;lite re?orted that an arnended petition has bein made by qetitioners for <br />iIr. aril1 asked that objecting petitioners be clearly inforned that the <br />ifayor Bredesen asked fclr 3 confirmation of :Ir. 3rill's statenent to him that <br />Mr. Hite reported that the Planning Commission and Nr, Brill do not agree on <br />Xayor Bredesen stated he, too, feels .that to fight the permit would <br />' <br />Trustee Tupa secohded Dickson's motion, and it carried,