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AF-SP - 37741�� T r ~ C.] STATE OF MINNESOTA CITY OF FRIDLEY CITY COUNCIL PROCEEDINGS ���9�3 In the Matter of a Special Use Permit, SP #83-05 ��,T armit rnnctrurtinn n nara� -j��„j-h,�,a_,f]ppd f.ringe (CRP-2 zoning) at 640 Cheryl Street N.E. Robert Kohls , Owner SPECIAL USE PERMIT The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of August , of 1983 , on a pe�ition for a special use permit pursuant to the C�tjy o Fridley s Zoning Ordinance, for the following described properiy. Lots 20, 21 and 22, Block X, Riverview Heights IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Lots be combined into one tax statement STATE OF MINNESQTA� ) �OUNTY OF ANOKA ) ss. CITY OF 'FRIDLEY � QFFICE OF THE CITY CLERK I, Sidney C. �ir��an, City C7erk iFor the City of Fridley with and in for said City of Fridley, do hereby certify t6o�t � have compa�ed the foregoing copy and Order grainting a special use permit witi� �h� �r��inal r°e���� t�ereof perserved in rr�y office and have found the s�� f� �e a corr��t an� true transcript of the whole thereof. � r. , IN TESTIh10NY WHEREOF, I have hereunto subscribed m� hand at th Cit�o Fridle Mi nnesota, i n the County of Anoka _Q� /��'.�� day of 19�.. �� ,'` � „A ���°• n �y' v � - . DRAFTED BY: "y1 "F� �"� - F ��� � i� �,� J ' City of Fridley ;� a ' � � °' � _ . J '. p 6.� � � �,�� - - 6431 Uni versi ty Avenue N. E. i� a �°, ' � - , �_ Fridley,MN 55432 rW Q `�6�" ; �, ° � �IDNE . INMAN, CITY, ,� �K - " � �, ;. A Special Use Permit shall .`bece� v�oid one��ea�'`after being granted byry�#►e ��i�y ofJ L°� ti_ Fridley unless or if discontinued'�ar°�,°,°p���i��d of 90 days. F`�� ��_- �,�o�:� ��, : :., ,� � , � r . -, (SEA�L) �� a ��.r � � �, r ,, � � _ 4 a A _ �� ��. 1► �}1 ,���+���. �� : c `�+ �� have some freedom to ccntrol the people that work under him. She stated the rum�ber of positions or personrel would be set in the budget, with the C�ty Manager having the ric�t to ci�oose the individuals. l�Ls. Jackson felt the �arter Gbnmiission would be open to discussing the oon�ramise suggested by Gounci].n�an Sdireider. IIP�1 A WICE VOTE �1 CN �IE l�!'ION � TABLE, all voted aye, and Mayor Nee declarecl the mation carried unanimously. �i��� +\�i \�« � � J�1� �I� ?� ��� 1 � �rl �y M� : ����i �� I: : � iy: �- : v�� � � : v�� 1� : Y ���� ' ]�,�� �. � y.� ��;� _ 1 �� : � � ►. rp►rIpD] by Gouncilnan Fitzpatrick to waive th N�. 7�1 c�n �1'ne second reaaing an�3 or��r Gouncilman Barnette. Upon a voice vote, all the motion carried u�animouslY. �i�, ���k. e reading and adopt Ordinance p�ibli^ at��n. Secondec7 by wting aye, Mayor Nee declared ee� nrrwr �� Tw+�II�,�R1► 1_984 B�1�EI' A"�J R.��"*lF at�tnuTl� FSTIMATFS BY �£ 6. �rsrr= ----..,,.,,., �.,,. �.�.,..�T.,r� �► a�nr Tr uF�oTt�T; FOR S ER L. 19B3: Mr. Qureshi, City Man2+ger, stated the �arter requires the City Manager to su4mit the preliminary budget to the Council in order to set a public hearing. Mr. Qureshi stated the budget for 1984 is 57,357,113 which is a 3.79$ increase wer the 1983 budget. He stated the Council would be provided with adjusted figures as they becon�e available fram the State and Courity. He st�ted this is a balanceci budget. es requi=e� bY �e City Charter, and further details Will be sul�nitted at the public hearing on September 12, 1983. lR7TIp�l by CounciLnan Aaonernik to receive the preliminary report of the City Manager for the 1984 buc3get ar►d set the public hearing for September 12, �gg3, �econded by (jo�cila�an Schneider. Upon a voice vote, all voting a�y�, A�yc�r L�ee e�:la�� �� �tion c,arried unanime�usly. 7. ��� ��� �,�,'I�cI� � rr�c nF .�tn v 27. 19B3 : 7A. R���i' i� A SPDCLAT �S� PIItNIIT, �#83-0�. FOR �Ab'TRIJCTION OF � ^�°�;� *'; CR¢2 2��'T:�+ (�� F'R�*E� A'�' 640 (�gtYL SZ'REET N.E. BY �JB ROHI�_ Mr. Flora, Public Works Director, stated this special use permit is requested in orcier tc oonstruct a 9arage in the flovd plain at 640 Cheryl Street. He stateci acoessory buildings are allowea in the flood plain, as long as they aren't for h�an habitation and are constructed to building coc3es. He stated it was suggestea that Lots 20, 21, and 22 be combined into one tax statenent and the petitiqner has taken this action. m � ��" , ' ° m�x'rr. 1�rrt�r, c�F tcz�`P 8, 983 pAGE 7 i Mr. Flora stated staff has r�c objection to this special use permit and the Planning Comission has recomQnended approval of this request, with the etipulation of oombining the lots into one tax statement. �cilman Fitzpatrick stated, as he �8erstands, action has been taken to oombine the lots into one tax stat�nent. MOTION by Councilman Fitzpatrick to concur with the unanimous =eoomnendation of the Planning Canmission and grant special use permit, SP #63-05. Seconaed by O�uncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimcusly. M4?y �1:�� r ; ' _ � •� „�,� �;► „i�a! �. • 11 !� : : �,� ; �� �.� ,� ; �� y y.� �� : :+� �=. � «. �I:.� M ,� ?I �� •.► \ h' : i : � i. +� �.�� : ��� �1� �� ,�.�� i � i i i_ . i f ., \�,� \ ��� �I.l% i. Yi��\ . \J� � � d ��� _i. `-�� Mr. Flora, Public Works Director, stated this is a request to reduce the side yard setback fram the required five feet to three feet to permit the oonversion of a single car garage to a double garage. Mr. Flora stated, at the Appeals Carmisison meeting, there was oonsiderable discussion that the garage could be 20 feet instead of 22 f eet and, therefore, a variance would not be required. He stated the Appeals Camiission denied the variance as they felt the hardship had to be based on more ti�,an just eoonomic reasons. Mr. Flora stateci the vote by the Appeals Gonmission was 2 in favor and 2 against the motion and, therefore, this iteqn was referred to the Gouncil. Mr. Mittelstadt stated the variance for whici� he is applying is really only for one foot so he oculd ma�ke the garage 21 feet. He stated he originally applied for a two foot variance in order to make the garage 22 feet. Mr. !�littelstadt felt the variance woulc7 make a substantial difference in the quality of the garage and indicated he intended to build the gazage whether or n�t a variance was 9ranted• 1►�lrs. Ruhnly, 6747 Washington Street, stated the lots in this particular area are angleci �s7 are 75 f�t across the fron� e�d a�ou� 55 feet across the back. She stated the homes are pretty crowded and the n►ajority of the homes in the inm�ediate area have single attad�ed garages. Mrs. Ruhnly state�cl, when their home Was built, it was too far north and their driveway was on the property line so theY had to buy several feet of 1� fram their neic�bor in order to get out o� their car. 5he stated the only room they have is on the south side of their property where Mr. [+littlestac]t wishes to enlarge the garage, ana she would ptefer not having any more building than Wi�at is alreaciy there. Mir. Richard Nord, 6805 Washington Street, stated most of their area has 6ingle attached garages and felt, if this variance is granted, other requests will have to be granted whidz will make their area even more �� � � � � � � O O � � �_; � � � � � x' ���'�� ���� �� � L�9 a � � � rn � Q �' �' � c� 7 � �a��c u cs. �.4�, � c'� � �� �� � m c rn?�p `� � -,+� s o z •� � O �' -r� C , � � O � � N C �j ��� � _-_ - __� �. -__ _ - _�__- . _ _ - ._ _ . _ _ _ � _ y:�.. _ _ �_ _ _�_ __ __- _ � � � , _�� � � r; _ �� t� �5 . �,> .� _ �, •. � . _ , �. .� � • J � w � � � W � CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 27, 1983 -- CALL TO ORDER: Acting Chairperson Pat Gabel called the July 27, 1983 anning Corrmission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Ms. Gabel, Mr. Sva a�, Ms. Schreiner (for Mr. Kondrick), Mr. Gabel (for . Oquis�j Members Absent: Ms. Schna, , Mr. Saba, Mr. Goodspeed Others Present: Jerr d Boardman, City Planner R ert & Patricia Kohls, 640 Cheryl St. APPROVAL OF � LY 13, 1983, PLANNING CONP1ISSI�N MINUTES: MOTION�� �B!� MR. SVANDA, SECONDED BY MR. GABEL� TO APPROVE TXE JULY 13, 19B3, PLANNING COMMISSION MINUTES AS WRITTEN. A VOICE VOTE� ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE MOTION 'D UNANIMOUSLY. 1. PUBLIC HEARING: RE EST FOR A SPECIAL USE PERMiT SP #83-05 BY ROBERT KOHLS: Per Section 205.1576 2 to a low t e construction of a 24' x 24' garage in CRP-2 zoning (flood fringe), located on Lots 20 21, and 22, Block X, Riverview Heights, the same being 0 C ery Street N�. MOTION BY MR. SVANDA� SECONDED BY 1NR. GABEL, TO OPEN THE PUBLIC XEARING ON SP #83-OS BY ROBERT KOXLS. UPON A VDICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED TIiE PUBLIC XEARING OPEN AT 7:45 P.M. Mr. Boardman stated the reason this request was before the Planning Commission was because any buildings in the flood plain, whether structures for habitation or not for habitation, require a special use permit. Accessory bui7dings are allowed in the flood plain as long as they are not for human habitation and must meet standards'for building in the flood plain: The structure has low flood damage potential, is firmly anchored to prevent flotation, and is floodproofed according to UBC standar°ds. This proposal for a double garage in the flood plain does meet those standards, and Staff has no problem with the issuance of this special use permit. Mr. Boardman state� tt6� iots �r�volved are Lots 20, 21, and 22. There are presently two tax statements on the property, and Staff needs to have the property combined as one tax statement. The "Combination Form" needs to be signed and submitted to the County. � V 1 PLANNING COMMISSION MEETING, JULY 27, 1983 PAGE 2 The petitioners were in the audience. Ms. Gabel stated she drove by this property and noticed there were three cars, an outdoor c�ker, and several other things. She stated there seems to be plenty of room on �6ae lot for a ga���ge, and that the petitioners probably have a real need for a garage. Mr. Svanda agreed. He stated he had also driven by the property and had made the same observation. MOTION BY MR. SVANDA� SECONDED BY MS. SCAREINER, TO CLOSE TNE PUBLIC BEARING ON SP //83-05� BY ROBERT KO$LS. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CXAIRPERSON GABEL DECLARED THE PUBLIC NEARING CLOSED AT 7:50 P.M. MOTION BY 1�i.S. SCHREZ161ER, SEC. BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERI►iIT REQUEST� SP #83-05� BY ROBERT ICOXLS PER SECTION 205.1576 (?) TO ALLOW � CONSTRiiC�°FOJV OF A 24 � X 24 � GARAGE IN QtP-2 ZONING (FLOOD FRINGE)� LOCATED ON LOTS 2p� 21� AND 22� BLOCK X� RIVERVIEW XEIGHTS� THE SAME BEING 64� CXERYL STREET N.E.� WITH TFIE STIPULATION TXAT THE LOTS BE COMBINED FOR TAX pURpOSES. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CBAIRPERSON GABEL DECLA.RED THE MOTION CAR83ED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on Aug. 8, 1983. 2. CONTINUED: CE ADOPTING A NEW CHA D "AN � Due to the absence of several c issionersr it was recammended this item be continued. MOTION BY MR. SVANDA, S ONDED BY �� GABEL� TO CONT�E TIIIS ITEM UNTIL THE NEXT MEETING. UPON A VOICE VO � ALL VOTING AYE� 1�CTdNG QiAIRPERSON GABEL DECLARED TXE MOTION CARRIED UNANI USLY. 3. RECEI� JULY 7, 1983, HUMAN SSION MI r BY 1�2. SVANDA� SECONDED BY MS. SXCREINER� TO RECEIVE T8E J(ILy 7� I983� RESOURCES COMMISSION �IINUTES. ' UPON A VOICE VOTE� ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANI1rlOUSLY. 5. 6. 7. 7A. •�.1►.�� Y���+�t�,. • �. r .�_ have sane freedo�m to oontrol the people that work under him. She stated the number of positions or personnel w�oulc3 be set in the budge�, with the (Yty Manager havi� the ric�t to choose the individuals. Ms. Jackson felt the Qzarter Conunission would be c�oaipromise suggested by Gouncilman Sciireider. UP�1 A WICE VOTE T�1 CI�1 �E I�DTION �U TABLE, Nee declared the motion carried unanimously. ;� :��_�. ,.�� open to discussing the voted aye, and Mayor 1�TION by Councilman Fitzpatrick to ��ive the reading and adopt Ordinance No. 781 on the second reading a;�cd order publication. Seconded by Councilman Barnette. Upon a voie�k vote, all voting aye, Mayor Nee declared the motion carried unanimously,,'� �i�� :' ����-, Mr. Qureshi, City � ger, stated the Qzarter requires the City Manager to sutrnit the preli�y nary budget to the Council in order to set a public hearing. Mr. Qureshi ated the budget for 1984 is $7,357,113 which is a 3.79$ increase av� the 1963 budget. He stated the Council would be provided with adjus figures as they beoome available fran the State and County. He sta this is a balanced buclget, as requirec3 bY the City Charter, and further, tails will be submitted at the public hearing on September 12, 1983. � T by Gouncilman gaonernik to receive the preliminary report of the City ger for the 1984 budget and set the public hearing for September 12, g3. geconded by Co�ci]nan Schneider. Upon a voice vote, all voting e, Mayor Nee declared the mation carried unanimouslY• � ��+ �l�. � ��i��l�. !•_ � �;� ti��, �� � 11. ;,�,c �+� � ' ���,� Mr. Flora, Public Works Director, stated this special use permit is requested in order to oonstruct a garage in the flood plain at 6 40 Cheryl Street. Ae stated acoessory buildings are allawed in the flood plain, as long as they aren't for himian habitation and are constructed to building c�des. Ae stated it was suggested that Lots 20, 21, and 22 be combined into one tax statement and the petitioner has taken this action. •�. J�. � v���i+���� �1 �. _r: �y (biu►cilman Schneider stated, at the first reading of this support it procedurally, however, he has difficulty with which, in effect, removes the concurrence of the Counc requirenent, for the hiring or dismissal of City e�loyee .nai�ice, he did ion 6.02 (b) as a Charter Councilman Schneider stated it has been his;,p�iilosophy to bring acoountability to the Cou�cil for actions by the City. He stated one of the first activities on which he spent a conside�able amount of time was the code of ethics ordinance. He stated the�Charter, as it stands, significantly influences and restricts the ab3.lity of Council members to interfere with daily work. Ae stated it;i's, therefore, vital for the (b�cil to have a free flcw of information�.�aith the ac�iinistration and this involves who the City is hiring and who �he City is disnissing. He stated the proposec3 change would eliminate that'information flvw to the Council. Councilman Schneider stated he;��has no distrust of the present admirustration and the way it has wdrked, there is no problem; however, he felt the Council's function to;;%'oversee the hiring and dismissal of e�loyees should be retained. ,�' Councilman Sc3�neider stated i��`would like to be aware of what is happening and for the Council to oonti�nue with their concurrence in the hiring of e�loyees, however, he sta�ed the City Manager's hands are so��ewhat tied if he isn't free to disniss�;�layees. �ouncilman Schneider stiated he had discussed his concerns with the City Manager and a compramise has been suggested in that the Council would concur with hiring�� and would only be notified of any dismissals. Councilman Schneidq� suggested this ordinance be tabled so this compromise oould be presentey3' to the Q�arter Camiission. MOTION by Coun.`�ilman Schneider to table the second reading of this ordinance tmti,� October in order to suhmit the proposed compromise to the next meeting�'of the Charter Commission for their consideration and ciiscussion.�Seconded by Councilman Fitzpatrick. Qounci].man::�amernik pointed out the Council reviews the budget and the �uncil i�made aware at that time of changes in personnel. He felt the Oo�cil the opportunity and authority to either approve or disapprove ariy pos' ions during the budget process. Ae stated if there isn't money for sa�'aries available, there woul�'t be any hiring. Nee stated he was pzepared to vote for the second reading as it now , but didn't feel it would pass. an Sduieider stated it is a philosophical question, but he can't the orclinance as it is naw written. . Sue Jackson, a member of the Charter Commission, stated her first reaction to the oompramise is fairly positive. She stated the whole thrust of the change regarding employees came after the change regarding the City Manager. She stated the f irst consideration was to see that the City Manager serves at the pleasure of the Council. Ms. Jackson stated if the City Manager is held acoountable for the way the City operates, he must P ���'IL• ME�II� OF AL�' B. 7 983 pAGE 7 1 :I �' Mr. Flora stated staff has no objection to this special use permit and the Planning Comission has recommended approval of this request, with the ' stipulation of combining the lots into one tax stat�t. Oauncilman Fitzpatrick stated, as he ta�derstands, actiion has been taken to odabine the lots into one tax statement. MOTION by Councilman Fitzpatrick to concur with the unanimous recam�endation of the Planning Canmission and grant special use permit, SP #83-05. Seoonded by Qouncilman Barnette. Upon a voice vote, all voting , aye, Mayor Nee declared the mation carried unanimously. M�?� i���.� ti �' _� ���V��r �:� y�?�� ��. • 1 J [�-: -; �. : y�. �i �� � �� � �.1 �� _ : ��� ��_' «� �:�� �! � �� � �.� �II ,� •1 �1L �� '�����.1I��1 1� i \l��.f1 .�1L t � Mr. Flb�a, Public Works Director, stated this is a reguest to reduce the side yar�;.setb�ack fram the required five feet to three feet to permit the oonversion';of a single car garage to a double garage. Mr. Flora stati�d, at the Appeals Ccmnisison meeting, there was oonsiderable discussion tha� the garage could be 20 feet instead of 22 feet and, therefore, a va`�iance would not be required. He stated the Appeals Catm►ission denied��`�he variance as they felt the hardship had to be based on more than just eoont�Cnic reasons. Mr. Flora stated the vote by the Appeals Gamiission was 2 in f�vor and 2 against the motion and, therefore, this it�n was referred to fhe Council. Mr. Mittelstadt stated th' variance for which he is applying is really only for one foot so he oould m`�,ke the garage 21 feet. He stated he originally applied for a two foot vari�nce in order to make the garage 22 feet. Mr. Mittelstadt felt the variat�ce would make a substantial difference in the quality of the garage and i`i�dicated he intended to build the garage whether or not a variance was gra�ted. Mrs. Ruhnly, 6747 Washington Street��stated the lots in this particular area are angled and are 75 feet acros�,the front and about 55 feet across the back. ����� '';� She stated the homes are pretty crowded arid the majority of the homes in the iam�ediate area have single attac�ed gar�,ges. l�lrs. Ruhnly stated, when their home was built; it was too far north and their clriveway was on the property line so they��;ad to buy several feet of land from their neighbor in order to get out of t2i�ir car. 5he stated the only room they have is on the south side of the�r property where Mr. l�littlestadt wishes to enlarge the garage, anc7 she woul•d prefer not having any more building than wfiat is already there. `, Mr. Richard Nord, 6805 Washington Street, stated most o��,their area has single attached garages and felt, if this variance is `g�ranted, other requests will have to be granted which will make their area even more 8. 6.1 8.2 �t�rrr. r��rr*r: OF ALr�LSr 8. i 983 pAGE 8 �' ,�/ � crowded. Ae stated he built a two-car garage on the back of his lot so he :' woul�n't have to obtain ar►y variances. ��cilman Barnette stated Mr. Mittelstadt is going to add to his preselit garage whether or not the variance is approved. �� �tu�cilman BaQnernik stated he appreciated Mr. Mittelstadt trying to ,rspgrade his property by adding o{�o the garage, however, with the objec�ion of ac]jacent property cwners, he finds it difficult to vote in favdr of the Proposed variance. �,;� l�TION by Councilman Hamernik to concur with the split d�cision of the Appeals Camiision and deny the variance request to reduc� the side yard setback fram the required five feet to four feet. Second�d by Councilman Harnette. Upon a voice vote, all voting aye, Mayor Nee,'c7eclared the mation carried unanimously. � �� , 1�DTION by Councilman Schneider to receive the m�fiutes of the Planning Ganmission Meeting of July 27, 1983. Seoonded by;'�ouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee dec15'red the motion carried unanimously. � MOTION by Councilman Schneider to rec ive the minutes of the Cable Television Caimission Meeting of July 1� 1983. Secondec7 by Councilman Ha�►ernik. Upon a voice vote, all votir� aye, Mayor Nee declared the motion carried unanimously. ��� � • «ati : ��� x ' �� �� !�. 11!��� l�ION by Qouncilman Fitzpatric�{ to adopt Resolution No. 6�-1983. Seconded by Councilman Sciu�eider. Upoi4 a voice vote, all voting aye, Mayor Nee declared the motion carried tif�animously. � y ' • + • Mayor Nee stated this�'�ill is known as the "Golc]water Deregulation Cable Bill" and, if this r;�solution is adopted, he felt it should be sent to Senators and Repre�ntatives in Congress and the Mayors of large cities over 8,000 popula�tion. � 1�TION by (bunc,,�lnan Sc3v�eider to adopt Resolution No. 70-1983. Seconded by Qouncilman,�'itzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the�,M'�otion c�rried tu�animously. 9. . f 1�pTTON by,�Councilman Sdineider to apprave the estimates as submitted.