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AF-SP - 36623. � Planning Commission Meeting - 7, 1975 Page 5 7.. A situation exists whereby both stru uresobtain water from the same service. 3. One of the reasons for the quest was because the service station Zessee wanted �o purchase the s ice station portion of the property to improve the property, and ther may be a �egal means for settlirig this problerr� between the two par 'es without a Iot split being granted. - 4. This would not �e prudent City planning. UPO a voice vote, a1•1 voting aye, the motion carried unanimously. �l �� � 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-03, BY ORVILL£ JACOBSON: To allow the construction of a second aGCessory building, a 24' x �,_. 24' garage on the South 100 feet of Lot 7, Block 2, Brookview Second Addition, per Fridley City Code, Sec�.ion 205.Q51, 2, A, the same being 6606 Brookview Drive N. E. . ._._._______—, Mr. & Mrs. Jacobson were present. MaTION by Drigans, seconded by Lindkalad, that the P.Zann�.ng Commission vg�n the Public H�ar.zng on the request for a Special Use Permit, SP �i75-03, hy Orvi].1e Jacobson. Upon a voice voze, a11 voting aye, Chairman Harris declarcd the hea.�ing open at 9:34 P.M. Mr. Boardman said this was an extra large lot, 100' x 215' and the present 20 ft. x 14 ft. garage would be moved and used for a storage shed. This would be behind the new 24 ft.x 24 ft. garage. He said that because of the large lot, the staff saw no problem with this request. __ _Mr. Drigans asked.what was_nor-th of the Jacobson property. Mrs. Jacobson said ___-:-_ _ ..___--- _ _ _-. -- -- _ _ ___ :_ - _,_ -�----___ _�e it was an empty Tot. --- � Mr. Jacobson said he would move the existing garage onto a slab and it would be anehored down. Mr. Drigans asked if there waul!d be access to the garage that was being moved so that it could be used for the storage of automobiles. Mr. Jacobson said there wouldn't be enough room, because there would only be 13 feet between the house and the new garage and the fireplace and some shrubs took most of that room. Mrs. Jacobson said they planned to store a camp trailer in the old garage. . Mr. Drigans asked if they had talked to any of their neighbors about this request. Mr. Jacobson said they all got notices of•this request, and they only had one close neighbor. Mr. Harris asked if there would be any utilities in this garage. Mrs. Jacobso� said there would be electrici.ty. Mr. Boardman said the staff had�received a letter �or the Planning Commission from the Michael Servetus Church. MOTION by Lindblad, seconded by .Drigans, that the Planning Commission receivn the Zetter from Michael Servetus Ch�rch. Upon a voice vote, aI1 vot.ing aye, Chairman Harris read the Ietter which stated that they had no objection to this request. � -' Planning Commission Meeting - May 7, 1975 Page 6 Mr. Harris asked if the new garage would match the existing structures on the lo�. Mr. Jacobson said it would have vertical siding instead of horizontal, `?ut it would all be painted the same. Mr. Langenfeld said they should stipulate that the old garage be used for storage and not for any commercial enterprise. MOTION by Lindblad, seconded by Drigans that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #75-03, by Orville Jacobson. Upon a voice vote, ali voting aye, Chairman Harris declared the hearing closed at 9:45 P.M. • MOTION by Lindblad, seconded by Drigans, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #75-03, by Orvilie Jacobson, to a11ow the construction of a second accessory bvilding, a 24 ft. x 24 ft. garage, on the 5outh 100 feet of Lot 7, B1ock 2, Brookview 2nd Addition, per FridZey City Code, Section 205.051, 2, A, the same being 6606 Brookview Drive N.�., with the followinq stipulations. 1. The single car garage not be used for a commercial enterprise and that it be placed on a proper foundation. 2. Both accessory buildings match the appearance of the house. 3. Both garages meet a11 the code requirements. UPOP7 a voice vote, a11 voting aye, the motioi� carried unanimously. � PUBLIC HEARING: REZONING REQUEST, ZOA #75-03, CITY OF FRIDLEY: �Rezone from M-2 heavy industrial areas to C-2 general business areas ,.�'previously � p lic owned parcel, part of Lot 38, Auditor's Subdivision;�o. 39, so this prop ty 4vi11 be zoned to conform with the present use, the same being 3720 East Ri r Road N.E. NOTION by Li Iad, seconded by Drigans, that the Planning Cormnission open the Public Hearing on e rezoning request, ZOA #75-,43, by the City of Fridley. Up�n a voice vote, a11 v'ng aye, Chairman Harris declared the hearing open at 9:55 P.M. Mr. Boardman said the City chased this property in 1955. When the zoning ordinance was adopted in January, 19 it was zoned M-2. Our deed was recorded on this property in 1960, at the time of t building permit, and since that time, the building has been sold, and it was no long a public use. The property then reverted back to M-2 zoning, however, there was a comme ial establishment on this property, and it should have been rezoned to the proper zon' at the time it was sold. Mr. Harris said tbere was an addition put on this uilding at the time of purchase by private o,wnership. Mr. Boardman said that''Ge ge Is In Fridley' wanted to do some remodeling of that portion of the building that u to be the Fridley liquor store, an�'in order to do this, the property had to be r oned.. Mr. L}� dblad asked why they couldn't have liquor establishments M-1 and M-2 zonin,g� Mr. Boardman said the zoning code would have to be changed llow such a ,��e. �� . . -� - - REGULAR COUNCIL MEETING OF MAY 19, 1975 f"� PAGE 6 ' �,...�"'� Councilwoman Kukowski said she that the City Attorney could get together with the property owners. The Attorne 'd he would do this and see what could be accomplished. �� � RE UEST FOR A SPECIAL USE PERMIT, SP �`7503, BY ORVILLE JACOBSON, TO ALLOW THE CONSTRUCTION Of A SECOf�D ACCESSORY LUILDING, A 24' BY 24' GARAGE ON THE SOUTH 100 FEET OF LOT 7, BLOCY. 2, BROOKVIE61 SECOND ADDITION, PER FRIDLEY CITY C_ODE, SECTION 205.051, 2, A, THE SAME BEI(�G o6C6 aR00KVIEW DRIVE N. E.: MOTION by Councilman 6reider to approve the Special Use Permit as recommended by the Planning Cominission with the stipulations suggested. Seconded by Council- woman Kukowski. The Public Works Director said this was large lot on Brookview Drive and the applicant requested to move the existing garage to the rear of the property and build a two car garage in the front of the property. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. � �EZONING REQUEST , ZOA #75-03, CITY OF FRIDLEY: REZONE FROM M-2 (HEAVY_INDUSTRIALL C-2 G�'�ERAL 6USINESS AREAS ITOR'S �U3DIVISION N0. 39, E NT USE, THE SAME BEIN� 37 OWNED PARC WILL BE D N.E.. F� LOT 38 ITH THE MOTIOI by Councilman areider to set the Public Hearing for the rezoning request ZOA #75 3 for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, al voting aye, P1ayor Nee declared the motion carried unanimously. EST FORlTREE REMOVAL: ISLANDS OF PEACE: Mayor Nee exp�ained that.tnis item was to be reviewed by the Parks and Recreation Commission. '� PLANNING COMMISS There was no acti items in the minu REORGANIZATION STRUCTURE: �' ,//� needed on this item or the remdinder of the discussion �, ,. . MOTION by Councilman Brei r to receive the minutesYof the Planning Commission Meeting of May 7, 1975. Seconded� Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motio� carried unanimously. RECEIVIN6 THE .'1I?IUTES OF THE B�fARD OF APPEALS MEETING OF MAY 13, 1975: A REQUEST FOR A VARIANCE OF ION 205:�053, 4, B4, FRIDLEY CITY CODE HED GARAGE FR0��1 THE REQUIRED 5 FEET T GARAGE TO f3E LO S/1ME BEI(dG 621- 'f. 8 Y 1'lll\1\LJVIfI JJ`FJL. I\LI�LJI UI 1'll\��ItIVI'If1J - •) FRIDLEY, P1IP�PlESOTA : i ; � The Public Works Director expla�ined that the request is for a variance in the side yard set back frorn five feet �o three fee ,to allow the construction of an attached garage. The Public,�lorks Director`�.indicated that no objections had been voiced at the Board of Appe.a�ls Meeting. The�'�oard of Appeals had recommended approval of the request. � �r, � .. Mayor Nee asked how closre this construction wouldt��e from the adjecent home. The Public 4Jorks Director �nswered, 10 feet. Mayor Nee"asked if this would be on the bedroom side and the,Public 4lorks Director said yes.y°'�.� The Public Works Di�rector said there was some concern over, the existing fence and the applicant said"that this would not be disturbed. The R�blic Works Director asked if Mr. Corpett was present and he responded. ' `.� Y� � Mayor Nee as.k�ti if the next door neighbor would be building a g�h�age. Mr. Corbett said if this�tvas done, it would be constructed on the east side �a,so which would be on the other side of the house from his home. �� \� MOTION by�Councilwoman Kukowski to approve the variance as recommende�4.,by the Board of Appeals. Seconded by Councilman Starwalt. Upon a voice vote,.all voting aye, Mayor Nee declared the motion carried unanimously. e , i s REGULAR COUNCIL MEETING OF P1AY 19, 1975 PAGE 5 � r� , Mayor Nee commented that the people are now serving until the new member�are appointed. Councilman Starwalt mentioned that in this case> there would not be an yr�gency to appoint people at the present meeting. Mayor Nee said this conference meeting would be held in the communi room. � The City Manager said there would be appointments made on June 2, 975. Mayor Nee said yes. RLCEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF M 7, 1975: �, REQUEST FOR LOT SPLIT, L. S. #71-08, QY CLIFFORD THCE:, TO SPLIT OFF TNE WESTERLY ', 70 fEET OF THE SOUTHERLY 123 FEET, EXCfPT FOR TFIAT PF�R�T TAKEN FOR HIGH4JAY PURPOSES OF LOT i8, BLOCK 2, CENTRAL VIEW h1ANOR, TO SPLIT THE�RESIDC-NCE FROM THE SERVICE STAT'I,ON PROPERTY, THE SAME BEING 7240 CENTRAL AVENl1E N.E.: Mayor �Jee asked if Mr. Thoe was present and thererwas no response. Mayor Nee asked if�rthe man had been notified that this woy�ld be considered by the Council and the P�lic Works Director said he had been;�notified. . , r' � The Public rks Director said there was som problems in the zoning of the property. He mentioned that there is a ser ice station and residential property on the same pa cel. He said the request i to split the residential property from that that e service station is oc pying. The'Public Works Director ' explained that t"s would create two par els that did not meet the standards for residential o commercial. He men oned the residential portion would only be 6,300 square fee` He also mentio d that if after the split, the house � would be damaged mor than 50%, it c ld not be replaced. He said the commercial ! property would also be far below th minimum. The Public Works Director said ' the Planning Commission ad taken is into consideration ard had suggested that some other legal mea s be pr ided to solve the existing problem. Mr. Sobiech read the reason for the Planning Commission recommending denial I of the request from Page 2-C. f the agenda. The Public Works Director recommended that this property remain one rge commercial site. � , Mayor Nee said the recommend tion f the Planning Commission was to deny the i request. ' Councilman Starwalt said agreed wit the Commission. He explained that he , had talked to the proper owners invol�d and said the home is being used as a retirement home. Counci man Starwalt sai� the split does not really clear up ' the matter. �,� 6. . MOTION by Councilman arwalt to deny the req%gst for the lot split by Mr. , Clifford J. Thoe. S onded by Councilman Fitz�+�trick. , , Councilman Breider sked if there was any legal w�.ys to get around this. The City Attorney sai he did not know whaC the proble�was. Ne asked if one of the • individuals owns he gas station and the other resi ential property. He said one legal means ould be to lease or rent the portion�pf the property which is , residential. H said the property could be purchased a� an entire parcel. The , City Attorney id there should be some method other thal� a lot split to accomplish what they are orking on. `� Councilwoman ukowski said she would not want to deny the req,uest right at the present tim . She said she would rather have the problem worked with and have someone co back and inform the Council what is going on. Councilma Starwalt asked if the request is denied, would it be a ther six months b ore any further action could be taken on the lot split. ,he Public Works Di ector said yes, this is true for variances and lot splits. � The Ci y Attorney said if he would be any help in tryin9 to work this out, he would eet with the property owner and the Public Works Director to come to some agre ent. He added he would see if a contract could be entered into. He also meti ned that he did not think the lot split would be the answer. �� �� i � 0 � a M O � �n N (D s N M �t � � Q f-- � � W z z � . }; w J � � � • E- � Q w 2 H � O z w � Z w > Q } H � � w > z � M �' � 0 � w N- Z w U U > U ��� ������������� �' City Council Planning Co;runission ACTION TAKEN PIOTICE Orville, Jacobson 6606 Brookview Drive N.E. FridZey, Mn 55432 rray 29, 1975 On May 19�1975 , the Fridley C�ty Council officially approved the recommendation (s). of the Planr.ing Commission on your r_equest for a Speeial Use Permit, SP �iE75-03 with the stipulations listed below. If yo�s r.ava aiiy quesi�icns rEgarding tne above a�tion, please call tne Cummunity Development Office at 571-345�. Sincerely, Jerr.old L. Boardman Planning Assistant STIPUI�TIONS: 1. The single car garage not be used for a commercial enterprise and that i.t be placed on a proper foundation. � 2. Both accessory buildings match the appearance of the house. 3. Both garages meet all the code requirements. � 0