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AF-SP - 40223OFFICIIL NOTICE CITY OF FRIDLEY P[TBLIC HEARING BE�ORE THE BOARD Ol� APP�ALS TO WEOM IT P�AY COACERN: NOTICE IS HE[�EBY GIyEN TggT the Board of Appeals of the City o� Fridley will meet.ia the Council Chambere of the City Hall at 7�3p p.pj� on Wednesday, May 28, �969� to aoneider the following matter: Coaeider�tio$ of a request for a Speaial IIse Permit under Section 45•19 (2A) to permit the conatruction of a two family dwelling in R-1 Zonin� on Lot 3, Block 4, Oetman�e Third Addition, the same being 692� Ee,st River Road, Fridley, Minneeota. (Requeet by Roger L. Peterson, 7091 Hickory Drive, Fridley, Minnesota 55432)• Anyone des3ring to be heard with reference to the above matter may be heard at thie meeting. P[TBLISH: Mg� 14, 1969 DONALD I�iITTEL4�D� CAAIl�MAN BOARD OF APPEAIS a , � _ , � APPLICAI'T� TO TEiE BAARD OF APPF.A�S � C3°� ��8�� FOR SPECIAL USE PERMIT, VARIANCE IAl REQUIRL�I�S 0� CERTAIP ORDiNANCES OF THE CI1Y OF �iiIDY.EX (Applicant to complete i��a� T, 20 3) ","��''�"- -i�' , +` . \ � 1. Nam� and Addrese o� Applicaa�t � � ` a a �;'T�4 2. E.e�al Descripti� of Pr�perty (alao geaeral locaei�, �uch ��s"north �:�` eaet corner of 64th Avenue and 5th Streeti0 or 641� �'i�Ch Sts�at°1) ';�� ` � /y� . � �-�/ � �C. �� .�.��e � V ,�2��irt.Q% !':�9�iA�/ �- - - � / �,.. °� � 9�.� � �� :�� '� e � o �e��c�b� e�e vari�aree requ�sted . (�eg�c� ��g �.� a�.L�.. y�� ^�= ��tty �ho�ting l�cation oi p�opo�ed b�fAd�aa�e egsae �Pa� ��' �e�:,��:.;��, r��@��'�� a� �a►sr�hip withi� 206' of ��id �SO�es�yo� `� � -' �� i �x� G��".�1�zQ�J � � �i°-� Bi.�—�-�i v %/�n�✓e �/iJ 2s s-s a i _J2./ /� i � O � � �i%�i r, � �' � i i�—in� im6 � 0 J I� // �s �irsit.0irr�� . ��2� � Os'sll'__,s �'�p �� Y A�Q-�� Q ��.�..it/VV�� ` � ,` ` , 7 � iS'ti/�/� � ' �C.J ' � � �ea C�a�t� �y ac��n��ts�tive offiei�� de�ayfaag vr��.��g �,�c��ne�� o� �uildir►,�:'' pe�� or oeh�r p�r�ie. (To b� c��le�� b�y ��m��a��e,,,afl�� 4��c�r�� '� Appgop�i�te ordinance� and aect�oe� og osrd�nance� �� b� m:^. :��10 � �3, :,, �.. �.- � .�..:��;. - .-�; __._...v.,.:= � �. . �� .. � . ? °z° �* ��s� o� � d�teas �� (�¢ � at a�tsched�e �� a O�ficial Newspa�� hs �olA�sviag meetittR �• [••� 6. �io�sd �eaabeg� not f f ied �f �et f�ag by� ' �1, Gu-t ,��- �o , I Q,� ._ 4 0 �.�� A��e�e� �a�e i�o�ifiarl, a� 1°�es�e os a�a� 'la�r �1 �mm� �� +�g��an� �e4��'��) , a ' �� ,�� ,�,.,...,, , � � = ,_�.;��.,� , _ �_��--� 'Ti��i�.,�. � . ..�. ... n. I l�' � (�'Y'l. ✓1..��+�b �ITi�ii i■� i. �i ■� i i r+�...� ■ � , ;%�,L �,�._..� �� , r/ �� '��m 4�� c�snd �� ., �� , T. P�� 4icie�� p�mmb a�mm� the �mll�.m� �r�� s�a�� Tks�s�mm� �so�rtq �rl��ein �0�° na��.�d: � GU�,• / �a-+�ry� ��/ (� 9ra r� e..��'u� '� �,.�u� � c.�-C'e-.�, 6 �'D �+ �4 �� l.l..)ii..(.t,t+c�rk� 4�k-�"v.ct--ri..� C� 9't� c� v�c��a +-�-, �� . �j�� l ��-l.l�i-C� Li'u �t�% �Qv9 �� L��v,.-� l�-N� .L.��—E'�-�-- � �'0� 9--��'� �, � P�� p�_ � .�'�'�r�� ft . �1R.�•� ��7�� 6�.� k�. ��. � � „��:� � �' . 0°Y� c>te�� !� �I�,L� , � rt�. �� , `�f i; ..1„ „�/n�nd �i/� `-.� , �}16�1.fj'/ �� ,v. 9rr �. A' ;_ ,�,� � � „ t.; _d�eelL, , ,� 9�i � � �'; �y E+�a�e ��Q£g��d �� ac� (Itn��,) .�. - � o...�� ✓ � ✓ �.� t��l�(�.�( q�a ��,,��DD Tn.�.i�i.i u i�ni � i n�.�.�s�� i �.� ,/ I/ v �� " � � �� i, ii.,��i Tp`-��i Ln �l � e�..p � '1'�M iqllo�e4�g Hoa�d ��rs sad $ntesested pas�ie. a��0 ��c�a�� t �he �!l,t�g s �OA�D ��R3 .,�.�..... � � � 3 - o�� ra�s e �� ., - � , ��—�--- — —� _______._- * �a �9p�¢a�� m� ��a�1�tf�n� �y �0� � AP�P'�A��o ,. � , . , � � _ d n � � e �- . � - , � �� . . �� c �V � .,..�_ .�r[a._�� ,?�� , .> �_,J-__ . 1_.._. _ _ _- � . —� / r - . , , _ . . � .� w . . �� _ � ,� �:...' . � �.. �_._ _ _ _ _ _ __. � - -- . � .. . . 7 _. , . .i� � _ . . .! _a� _ �+ _.r% �%_' . . e �Oo �'o� ��ve ��s-��:�� c�es 7��e �1�� Cib��'P .�i6TAL2tCn� .Y�.:L`1� �"a�'Q�.� � J� ` .9-'ls� �--c.-�A� � c1U 1/.�.�! l - �� d ,�in�� eccs��d�tflaa�a . � � �„�.—... �_�� . �. : '� � �,_ - 0 U q � / �P� ��i � 45.19. The following uses may be permitted in the designa- `ted districts, but only after securing a use permit fior the pstablishment, reconstruction, structural alteration, enlarge- rhent or moving of any such uses, following approval of such permit by the Board of Appeals and the City Council and subject to �ny conditions imposed by such use permit. "X ref . 45 . 40" USE PERMITS 156 . _ . _ _ _ . - --- --- - _ _ .. _-- .. _ _ _ - � --- . ... _ . - -- -- - `\ + _ +. r- 2A. Double bungalows in R-1 District, but additionally . the special use shall be considered by the Planni:ng Commission before submission to the City Council, that owners of abutting property I}e notified of the hearing before the Council, and that the con- ' curring vote of 4/5ths of the Council shall be � required for the Council to issue such.special use permit. 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U � • �.:.Y ., « �` � �3A�d 7 ` r� ,3•�.+r ,ti'� �z � f t��'' �T � � / ' � .,� k.i+ .! !.� �� /'C � :F� ' ' o ~^ r�o�*5 - �t. '►` .�.�, ,� •,\ �a e+ �a. . � � � �, t�; 1 �'8' ! � �(� i t °� ,,.�'�.:." � J• S sa.�s-' r° � 9� ,+a '�' t �-- t�, /�►� .�c 1-- '� , -'� � .. - _(_ � I w \� � ,r ' _�� ._.;�.: �.-T.'r�" ,��; ao ` ss af ... a ,�^. -c I I !7 � L :. I- � . - � ._ 1- ------- �t--' � " �qe -t-_, ,� . �.t '� ' � � 1"� � sio*ro � _—�- �_—�`-�� 69 ce �a - WAY N•E' id� r �? M.C. 5 ` — • q�,� . � .,�;;_, � , • . �° 1 � • .. � . . F .., .;,� �` i� sj•�i _ � • :�.�: �� • - � --- � � � 1. TF� MIIViJT� OF THE �OBRD OF 9PPEALS P�PING OF MAY 28 , 1969 The meeting was c�,lled to order by Chairman Mitteletadt at 7:35 P.M. NiIIKBERS PRFSENT: Mitteletadt, Ahonen, Minish, Harrie Nm►'�ERS ABSEN'I' : 0' Bannon OTFfERS PRESENT: Hank Muhich-Buildirlg Official MOTION by Minish to approve the minutee of May 21, 1969 as written. �econded by Harrie. IIpon a voice vote, there bein� no nays, the motion carried unanimouely. Mr. Ro�er Peterson wae present to present his request. Mr. Bud Berry, builder, wae also present. Mr. Peteraon presented to the Board, for their inepection, plans of the proposed house. The plana showed the houae being built as a sir�le family dwellin� with a wA.�k out apax tment in the basement. There would be a etairway down to the apartment from the upetaira, ae well ae an outeide door. Robert Havel, 6911 East River Road: I wae interested in the type of home to be built and how lor� it will be rented out. Che,�*-mA-n Mitteletadt explained to him that the house ie deecribed ae a duplex but will look like a single family dwelling with an apartment in the baeement. Mr. Havel: Who would occupy the buildin�? Mr. Peteraon explained that he will live in the houae and would rent out the basement. Mr. Minish asked the applicant why he was aeking for a two family dwellin� on this lot when the other structures in the immediate area are ein$le family dwellings. Mr. Peteraon esplained that he did not think he could afford to build a home right now but with renting out a part of the house he thought he would be able to build. The applicant wae asked if he had talked to any o� the neighbors about hie request. Mr. Berry said he had talked to eome of the neig�bors and they were glad that th� lot would be getting cleaned up. .They had no objectione. It wae brou�ht out that the equase footage of the lot ie adequate for a two family dwelling. The lot would also be big enoug� for e 3 aer gara�e ae undoubtedly one of the two familys would have two care, if not both of them. The minutes oi the Board of Appeals meeting May 28, 1969 Page 2 MOTION by Harr�s to elose the public heasing. Seconded by Min�sh. IIpon a voice vote, there being no na.ye, the motion carried unanimously. MOTION by Minish to•recommend to the Council to deny the request for a 5pecial IIse Permit for the followin� reasona; 1. The only form of difficulty that ha.s been ahown to the Board ia a matter of economics in terma of developin� the lot. It would take around 1,000 yarda of fill to make it a buildable lot and therefore is more suitable for a double dungalow or a d�.pl.ex . 2. The lot is adjacent to trs� Locke Lake A:N�ciation area which is all eingle family dwellings. 3. The Girl Scout Camp will rema.in a wildlife refu.�e for wha.t ever wildlife they may have. Seconded by Ahonen. Chairman Mittelstadt abstained from voting as he did not want to ma,ke it posaible to have a tie vate. VOTE: IIpon a voice vote, Miniah & 9honen voting aye, Harria votin$ nay, the motion carried. The applicant was informed tha.t thie item will be on the Council minutes of June 2, 1969. He will be able to appeal his case to the Council ae they have the final decision. . ADJODRI�I�I' : The meeting was adjourned by Chairman Mitteletadt at 8:25 P.M. Respectfully submitted, � o MORY HIZ Seoretary REGULAR COTJII�IICIL MEETII�TG OF JUNE 2, 1969 PE1GE ZO � 5. HYDE PARK REZONING STUDY: The City Engineer explained that the Planning Co�aission disapproved ef the Plaan Circle Flow and recommended Plan Alternative 5cheme A-1 prepared by Nason,Wehman, Kn�ght and Chapman, Inc. Mapor Kirkham said that the Council is still waiting to hear �rom the Highway Department concerning the slip- off ram,p. He then read the Planning Commission Minutes to the members of the audienae. Councilman Liebl questioned what the Chaixman meant by his comment on moving the access €urther south. Did he mean no access off University Avenue? He said that he was very much impressed by the accuracy and ingenuity of the City Manager when he presented his plan to the Planning Ca�nission, Council and the audience. He asked if the rest of the Council concurred with the Plan Circle Flow as presented by the City Manager. Mayor Kirkham saicl that it was the concensus of the Council that they were in agreement with the plan. Counci].man Sheridan said that he understood the comment of the Chairman to mean that if the Plan Circle Flow is followed, that the slip off ramp shpuld be moved further south. Councilman Harris agreed that was the way he under- stc�od it. Mr. Eldon Schmedeke said that he was surprised at the stand taken i�y the Planning Comcaission. They are doing the op�osite of what the people want, and he said that this was very disturbing to him. Mayor Kirkham said that each body makes their own evaluation, and obviousiy the Planning Commission's stand is dif- ferent from that of the Council's, but each body tries to make theiX deter- miziation to the best of their ability, and for the good of the caannunity. Couneilman Sheridan asked the Council Secretary to point out to the Planning Commission Secretary an error on Page 2 of the Planning Commission Minutes, second paragraph, which states "--peat, 6 to 8 inches deeQ--" which should read "-- peat, 6 to 8 feet deep--". MOTION by Councilman Sheridan to receive the Minutes of the Planning �ommission Meeting of May 22, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham decl�red the motion carried. RECEIVING Ti� MINUTES OF THE BOARD OF APPEALS I�ETZNG OF MAY 21, 1969: M�ION bx Councilman Harris to receiva the Minutes of the Board of Appeals Meeting of May 21, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETIAIG OF MAY 28, 1969: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERNIIT UNDER SECTION g5.19 (2A) TO PERMIT THE CONSTRUCTION OF A TWO P'AMZLY DWELLING IN R-1 ZONI1dG ON IAT 3. BLOCK 4, OSTMAN'S THIRD ADDITION, TI� SAME BEING 6921�EAS2' RIVER ROAD, FRIDLEY, MINAiESOTA. (REQITEST BY ROGER L.. PETERSON, 709]. � � HTCI�RY DRIVE, FRIDLEY, MINNESOTA): `g�� 1 Mr. Roger Peterson v�as present at the Meetinc� to give his reasons why he fe�$ that his request should be granted, even though it was denied by the 8oard of Appeals. He said that because of the steep qrade of the lot, it would t�k� about 1000 yards of fill to bring i� up �,o �, 1�W�� build upon. The �os� o�' REGULAR COUNCYL PXEETING OF JUNE 2, 1969 PAGE 9 /�' tYiat he wanted to make sure the petitioner understands this procedure when '�her� a�re future re�uests for building permits. Councilman Sheridan said tha� he did not concur with the Planninq Co�amission, but would concur with the dr�winq on Page 99 0� the Council Agenda sk�ow�.rig the propqsed split as rec�ues�ed by Stanley Dahlberg with the unders��andi�g that there would be a stipul�►tion that these lots, wiaen a building permit is gr�nted for them, that the building permit inolude a minimum of a si.�agle attached garage. The Cit�r Engineer pointed out that there should b� an easement along the east- west split for utility poles and drainage. Mre Dahlberg asked that the certificate of survey be waived also unti� the ti.tae that a building pezmit is applied for. MOTION by Councilman Sheridan to approve �he Lot Split reques�ed by Stanley Dahlberg (L.S. #69-14) for Lot 11, Bl�k 2, Spring Valley Addition subject to dedication of a 25' strip along the south boundary for £uture road, ease- men� along the east-west split for utilities and drainage, that building permits upo� the lots must include a minimum of a si.nqle attached garage, and waive the certificate of survey unt�l such time as the land develops. Seaonded by Councilman Liebl. tJpon a voice vote, all voting aye, Niayor Kirkham declared the motion carried. 2. REZONING REQUEST: ZOA #69-02, GEORGE M. NELSON: N� of Lots 30 aad 31, Auditor's Subdivision #129, except the North�125 feet. R-1 to R-3A. MOTION by Councilman Harris to set the Public Hearing for the rezoning request by Geoxge Nelson for N�a of Lots 30 & 31, Auditor's Subdivision #129, except the No�th 125', to rezone from R-1 to R-3A for July 14, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried.� 3. LOT SPLIT REQUEST: L.S. #69-16, WILLIAM J. KAFU�E: Part of Lot l, Block 1,, Worrel's Addition The City Engineer explained that this is a verp �all lot split and showed on a map where the split would be. It wauld be taking a corner of � 1ot and adding it to �he lot to the south and we�t. MOTION by Councilman Sheridan to grant the Lot Split request by William Kahle for gart of Lot 1, Block l, Worrel's Addition and waive the certificate of survey as there �e no buildings involved. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Motion casxied. 4. IAT SPLIT REQU�ST: L.S. #69-17, JOSEPH L. SCHItOIDL: Lot 4, Block 2, Moore Lake H3.gMlands Addition The City Sngineer said that this lot sp�it w�ould split 150° into two 75' lots. They �rould conform to the star�dard land requirements af the Ci�y. He suggest,ed gra�rstinq the split subject to gettinq a certificate of survey. MO'TIQN k�y Councilman Harris to grart the l,ot spli� request by Joseph L.SChroedl for Lot 4, �Iock 2, Moore Lake Hiqhlands subjact to getting a certificate o� survey. Seconded by Councilman Liebl. Upon a voice vote, all votinc� �ye, Mayo� Kirici�n dec7.ared the motion carried. r �` ' Pla�iug Co��.�aion Nleetix�g - June 11, 1969 "� Page 5 A letter wae received by.the Chairman from Independent School Distxict ATo. 16 dated June 6, 1969 maintainiag its position of oppoaiag the rezoning request. MOTION by Mittelstadt, seconded by Jeneen, that the Planning Commieeion reeeive the letter from the Iadependent School District No. 16, dated June 6, 1969, main- taiaing its poeition of opposin� the rezoning request, ZOA �k69-08. Upon a voice vote, all voting aye, the motion ca7rai ed unani�ou�ly. MOTION by Fitzpatrick, eeconded by Jensen, that the Planning Coffii�eion continue to July 9, 1969 the re�oning request, ZOA �6.9-OS, R. W. Woamsbecker for the NW� of the NW� except the North 16.6 acres and the SW� of the NW� of Section 2, �leo the North 34.68 acres of NE� of NE� of Section 3, to be rezoned froffi l�i-2 to R-3. Upon a voice vote, all voting aye, the motion carried unaaiimou�ly. 6. LOT SPLIT R�lQUEST: L.S. �69-15. ARTHUR DEYS: Lots 3 through 5, Block 7, Hyde Park Addition. Mr. Deys brought the certificate of susvey. The eurvey showed a definite problem regarding the easieting house as it wae placed on the proposed lot line. Because of the narrow lote, a setback problem is cre�ted which would require a vari8nce. It was auggested Mr. Deys go before the Boasd of Appeals and make an application for a aideyard variance and setback. MOTION by Fitzpatrick, seconded by Jenaen, that the Planning Co�iasion refer the Lot Split Request, L.S. �69-15, Arthur Deys, of Lote 3 th�ough 5, Block 7, Hyde Park Addition to the Board of Appeals for their opinion. Upon a voice vote, all voting aye, the mation carried unanimously. It wae suggested that Mr. Deys ahould look into dividing th� split by a diago- aial line being approximately 60 feet on the street side and approximately 57 feet on the rear lot line of the new lot. 7. REZONINC RF:QUEST: ZOA ��'69-10 GEORGE BAL�TI�A.ZOR: Lot 3, Subdivision 10 of Auditor's Subdiviaion ,1�94 (Nor side of Skywood Lane facing H�y. �k694). Rezone fsom R-1 to Triplex. Set public hearing date. , Mr. and Mrs. George Balthazor were present. ° The Cou�iesion felt R-3E�, would cover the triplex request. , �a �. MOTION by Jenaen, seconded by Fitzpatrick, that the Planning Coflrmiseion set � the public hearing date of July 9, 1969 at 8:00 o'clock P.M. for the rezoning requeat, ZOA ��69-10, George Balthazor, of Lot 3, Subdivision �10 of Auditor'e Subdivision ��94 to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye,. the motion carried unanimously. � 8. REQUEST FOR A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY ])WELLING IN �� R-1 ZONING: Lot 3, Block 4, Ostman's Addition by Roger L. Peterson. Referred bq Council at June 2nd meeting. Mr. and Mrs. Roger Peterson and Mr. Harland Berry (con�ractor) wese present. Mr. Mittelstadt said, explaining the action of the Board of Appeals, this wes a request for a special use permit to construct a two family dwelling in R-1 zoning with living quarters one on top of each o�her. The Code indicatee th�t a double buagalow, by specia� use permit, goes fram the Board of Appeals to the ,. r` Planning Commiseion Meeting - June 11, 1969 � �age 6 Plaaniug Co�isaioa and thea to Council. There are $1,000 in back taxes, and because of the hole on the lot, it would take about 1,000 yards of fill at $1.00 a yard to fill it up. The floor of the basement is much higher than the water table. There could be a parking problem with reaters ia the basement. He � ahould have a three car garage, as the neighborhood does not want cars standing � outeide. If the Board had O.K'd. a turu around, this would have had to be made in the front of the house facing East River Road. Then there is the poseibility that the petitioner would not be the permaneat owaer. There could be deteriora� tion with different ownere. The neighbors, however, appreciate having the hole filled aad would agree to the uae. Mr. Swanson said the actual house, for all appearance's sake, would be a regular eingle family house with a walkout to the rear. He had a petition fsom all the people in the surrounding neighborhood and no one was against it. MOTION by Mittlestadt, aeconded by Jenaen, that the Planning Co�ission receive the petition presented by Roger Petereon with eleven aignatures approviag the rezoaiag requeat, dated June 11, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. The plans for the houae were shown and discussed with the Planning Co�iesion by Mr. Berry, the contractor. He expl$ined the lot was given to Mrs. Peterson ae a gift. Thie put an entire differeat aspect to the initial expense in getting the lot ready for construction. The Commissioa agreed that a turn around should be provided on the lot ao that cars would not have to back onto East River Road, and that there should be a three car garage. MOTION by Jeasen, seconded by Fitzpatrick, that the Elanning Co�ission recom- mead approoval of the special uae pes�it by Roger L. Peterson for conetruction of a two family dwelling provided that the petitioner makes provision for a turn arouad on the property so that autos may enter East River Road head on, rather thaa backing on, and that a three car garage be constructed as part of this propoeal. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mittelstadt aeked if there was no way the City can expect the owner, now that he received a epecial use pe=mit to operate an apartment within the confines of R-1, that you can stipulate that if the original owner sells the property, it reverta back to R-1? The Engineering Aseistant answered that, as long as the use remains the eame and the building ia not altered, the use does not change. 9. VACATION REQUEST: SAV #69-03. GREAT NORTHERN RAILWAY CO : Alley and atreets in Block 6, Berlin Addition. Z'he En�ineering Aseistant reported that Northern States Power Co. and the Great Northern Railway are now di8cuesing the vacation and its effecte upon the utility easementa. This item was to be continued. 10. CONTINUED REZONII�TG REQUEST: ZOA �69-06, ELDON SCi�IEDEKE• Lots 16 through 19, Block 12, and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2 to C-2. ]�EGULAR COUNCIL MEETING OF JUNE 16, 1969 � � PAGE 4 RECENING THE FIINUTES OF THE PI.�eNNII3�i C�ISSION R1�TItr'�'i 0�' JU1�8'� 11, 1969: l. PROPOSID PRELII�lINARY PLAT: P. S. �69-08, MARION' S TERit�10E, BY H06aARD CRABTREE: Lot 8, Block 2, Riverwood Hianox MOTION by Councilman Harria to set the Public Heaxinq tog the P�reliminaxy P1at Marion's Terrace for July 14, 1969. Seconded by Councila�n Sa�eael�on. Upon a voice vote; all voting aye, Mayor Kirkham declared the motion carr.ied. CounciLnan Samuelson asked if there were any probleias with this plat. The City Engineer said that there was the same problem as with Veit's Addition in that there is not public access provided. The plat has been divided into four lots, two o€ which are proposed to be served by a private easement. Whether or not these lo�cs �hould be served by a public road with a cul-de-sac will be the Council's decision. • Councilman Samuelson said that he had received a letter from Mr. Allan �. Rolland, 3458 Irving Avenue North, Minneapolis, s�ating �hat he v�ishes to . start construction on a homa on T�ot 2 of the proposed plat. The City Engineer pointed out that more riqht of way may be needed if there is to be a cul-de-sac required, which may affect the set back. Councilman Samuelson said that as it was pointed out before, mortgage money is extremely difficult to obtain, especially if there is not public access. He asked if the cul-de-sac were to be put in, would there be adequate land to meet the City standards. �he City Engineer suggested requiring a 45' front yard set back, then the roadvray could be made wider if necessary. Councilman Samuelson agreed, since Mr. Rolland __ would be taking a chance on building before the platting is completed. He said that Mr. Rolland has to be out of his home by June 24th, and his request is somewhat premature, ho�rever, if it is to be allo�ed, he would agree with the 45' front yard setback and_the understanding that the City of Fridley would not be tied to any responsibility in the event the plat was not approved for . some reason. Councilman Liebl pointed out that there was nothing in the Planning Comanission Minutes about an increase in setback. The City Engineer said that the setback requirements are controlled by the City Code, if the easement is changed td a public 40' roadv�ay. Councilman Samuelson also suggested that the staking be done be a registered surveyor and a certificate of survey be required. - MOTION by Counci]man Liebl to�receive the communication from Mr. Allan I. Rolland dated June 13, 1969. Seconded'by Councilnnan Samuelson. Upon a voice vote, there being no nays, Mayor Kirkhaia declared the motion carried. MOTION by Councilman Samuelson to grant the builtling pexmit on Lot 2 of the ' proposed Marion's Terrace plat, with a 45' front yard setback, with the under- standing that granting the building pereait does not tie the City to any res- ponsibili�y should the platting not be approved, or should prove incompatible �ith his plan, and that he provide a certificate of survey. Seconded by Council- man Aarris: Upon a voice vote, all.voting aye, Mayor Kirkham declared the taotion carried. � 2. �UEST FOR A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING: Lot 3, Block 4, Ostman's Addition by Roger L. Peterson. _(Referred to Planning Coimnission by Council June 2, 1969) � MOTION by Counci].man Samuelson to set the Public H2aring for consideration of � �� special use permit for Roger L. Peterson for July 14, 1969. Seconded by ��. • � ,,,� REGULAR COUNCIL MEETING OF JUNE 16, 1969 PRGE 5 Councilman Liebl. LTpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. CONTINUID REZONING REQUESTa ZOA #69-06, ELDON SCi�tEDEI�: Lots 16 throuqh 19, Blxk 12, and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2 to C-2. MOTION by Councilman Liebl to receive the information forwarded by the Planninq Ca�tnission on this item. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declarad the motion carried. 4. VACATION OF HORIZOId DRIVE EAST OF THIRD STREET: SAV 1�69-04, CITY OF FRIDLEY: 5100 and 5101 Horiaon Drive (Lot a, Blocic 9, and Lot 7, Block 4, Carlson's Summit Manor South Addition) The City Engineer explained that this portion of the street is no longer in use. There are two apartment houses on Third Street that do not have adequate parking and the vacated 60' right of way could be used�by the two apartments as a parking lot. The City should however, retain the utility easements and an easement for completion of a walk-way from Third Street to T.H. # 47. He suggested that the City pay approximately $400 for the improvement of the walk- way, and the apartment houses pay about $1600 for the improvement of their parking lots. The Council action necessary at this ti.me is to set the Public Hearing date. (COUNCII,MAN SHERIDAN ARRIVED AT 8:30 P.M.) Councilman Liebl pointed out that previously the City wanted a pedestrian bridge, and asked how much would be retained. The City Engineer said that all , the right of,way would be retained, but the apartment houses would be�allowed to use the area as a parking lot to get the cars off the street. The City Attorney advised that if the Council wishes to vacate the street, that quit claim deeds be provided for the walk-way and the utility easements. He asked when Third Street was constructed, if part of their parking lot was removed, or were they parking in the right of way. The City Enqineer said that they were parkinq in some cf the right of way. The City Attorney said that the City cannot ca�pensate them for takinq parking space i.n the right of way. A lady in the audience said that they never had a parking lot, they always parke8 in the street. The City Attorney said that there is the problem of spend3.nq.public money for the improvement of a parkinq lot. Councilman Liebl said that the City must retain enouqh right of way for the possible pedestrian bridqe, and that he w�ould object to the City payinq thase people for parking facilitie8. Coun�ilman Samuelson asked for a legal review � the $ituation before the Public Hearing. MOTION by Counci]�aan Liebl to set the Public Hearinq on the vacation of a portion of Horizon Drive east of Third Street for July 14, 1969. Seconded by Councilman Harris. Opon a voice vote, all voting aye,Mayor Kirkham declared the motion carried unanimously. The City Engineer asked if the City could qive the permiseion to t�se the land for parking now, as the contractor is in �he area, and if it is not done now, it could drag on for another six months. Councilman Liebl asked if they were REGULAR COUNCIL MEETING OF JUNE 16, 1969 P�GE 6 � � asking that the City pay for some of the parking lot. The City Enqineer said that the apartanent owners will have to pay for it. Councilman Liebl felt that this could not be allowed until the legal procedure is qone through. The City Attorney said that the work could be done now. but the City cannot spend public funds on the improvement. The proper procedure would be to have the public Heaucing first, then they can fix thair own parking lots. . .�:..: . . MOTION by Counci]man Harris to receive �he Minutes of the Planning Co�ission Meeting of June 11, 1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declar�d._the motion carried unanimously. RESOLUTION #88-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS TI�REOFs 3TREET IMPROVEMENT PROJECT ST. 1969-3, ADDENDUM #l: Councilman Sheridan re,ported that he had had some conversation with the people in Donnays Lakeview Ma.nor Addition about their concern with the improvement going in in the Adams Street Addition. He asked, if it was in order, for the Chair to recognize the speaker for the de�.egat3on here tonight. Mr. Richard Harju, 515 57th Avenue N.E. speaking for the residents on 57th Avenue and Madison Street, explained that in the consideration of the extention of the straets in Adams Street Addition, they would like to ask that considera- tion be given them, as there is a rear easement along the.back of their lots, and they would like some assurance that the boulevard would be so constructed so that their fences and shrubs cculd remain intact. They would also request consideration on the matter of assessments, and that they be fair, in that they feel that their benefit would be nil. Councilman Sheridan asked how much right of way the City had on these streets. The City Engineer said that there was 60' on Washington Street, which would present no problem. On Jefferson Street the right of way is 30' and on the street on the south of the plat the� is a 30' and 40' right of way. He reca�mended a 24' street, just enough for two way traffic, with no parking on the street. This would result in a 3' boulevard on each aide of the street. Councilman Sheridan said that this 3' is less than the normal and desired width, and asked if it would be adequate for snow storage. The City Engineer said that another possibility would be to off-set the street with a 5' boulevard on the east side of Jefferson Street and a one foot boulevard on the west side. He pointed out that a 26' street is the minimum reco�mnended. Mr. Carl Paulson asked if the alley were qoing to be vacated. Councilman Sheridan answered that there has been no request to vacate the alley. Mr Paulson said that if it were, the street could be wider. Mr. R.W.•Erickson, 565 57th Avenue N.E. said that the solution proposed by the City Engineer sounded like the best solution and asked if the off-set would also apply to the street on the south side of Adams Street Addition. The City Engineer said yes, if the xesolution is,passed, he would recommend both streets being off-set. Mr. Erickson said that he was also worried about i�is shrubbery. Councilman Sheridan said thank.�rou to the delegation for coming to the Council Meeting and makinq their presentation. Mr. Erickson said thank you for hearing the�n, and giving them this consideration. , MOTION by Councilman Sheridan to ad�pt Resolution #88-1969, with the plans and specificationa to be drawn for Jefferson Street and the street on the south side � �hGE 6 REGUL�i: i;GidNCIL MEETING OF JULY 21, 1969 FIRST REA►)INUGRI� �IN��COFFT� �STIRIGHT OF#WAYOLINEFOF THIRDTSTREET �F H�RI NORTHEAST: Councilman Liebl said that he wanted to be clear on this point, that by this vacation, the City would not be giving up the right for a future pedestrian walkway, if this should happen in the future. The City Engineer said that this was correct. MOTYON by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Sgconded by Councilman Samuelson. Upon ao��rkham vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, MaY declared the motion carried. APPROVAL OF FINAL PI,AT (P.S. #69-08) MAR.ION'S TERRACE BY HOWARD CRABTREE: (Generally located at 71st Way and Riverview Terrace) Councilman Sheridan pointed out that this is an older area of the City and is hard to plat out. MOTION by Councilman Sheridan to approve the final plat Marion's Terrace requested by Howard Crabtree. Seconded by Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor Kirkham deolared the motion carried. The City Eagineer asked if this meant with the private easement, just.as it was presented. The Council said yes. CONSIDERATION OF APPROVAL OF A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY DWELLII3G IN R-1 ZONING: (Lot 3, Block 4, Ostman's Addition) Roger L. Peterson � � qr�'� _ � l� Councilman Samuelson said that in view of the letters that have been received from the surrounding neighbors, raising a various number of questions, he would have to vote against this. MOTION by Councilman Samuelson to deny the request for a speciale�sL•Pern►it to const�uct a two family dwelling in R-1 zoning, request by � Peterson. Seconded by Councilman Sheridan. CounciLnan Liebl asked the City Engineer if he ever had any plan. The City Engineer said yes, and asked Mr. Peterson to bring them forward. Mr• Peterson presented his architectural plan for the house. Councilman Liebl said that their vote against the special use permit was no refle�an�� Pon the plans, but rather that a special use permit is a privilege g by the Council and the question is raised, what would happen to the house should he ever sell it. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF A SIGN PERMIT RE UEST FOR COUNTRY BOY STATION STORE: John Baucom Councilman Sheridan asked if thxs iS a�i� addition to the existing pylon. The City Engineer S�d�� }� ��s��£�g sign is 62 square feet and the addition would add another 32 square �eet. He 'sai_'•. that he would Xeco�mend approval 1tEGUL�R �OUNCiL MEETING OF JULY 21, 1�69 �AG� � � homes in the area fronting on Onondaga Street. Councilman Sheridan asked ig Councilman Liebl is suggesting that trere Ls building permits taken out for the R-1 portion be�orP tr^. :?�or_3 rc.�3ing of tl,� �rclir.an�e, for added protection to th� pec�le �n Cn�n.�s� ,.i :'-r ^. �. C��ac :� �*:� n Li: b� said that is corrc�t, �:nd ::�r'. ],e i s.3�=b_i3 that tP►cre will r.ot be az� adequate bufter. THE VOTE UPGN THE riOTION, being a rall call vote, Samuelson and Kirkham � ��iny aye, Li�bl ar.d Sheridan voting nay, Mayor Kirkham declared �he motion E`AILEL� . Co�arrrcil�an Sheridan asked. that further consid.rstir;� of tl,is �ez�uest be lai� over until Councilman Harris ar�ives. rJi c1�--ifi��'-.ifln of the Minutes, the disc�ssion followir�g Councili�►�.n i�arris' arr�✓�+7. �o *;�.e Council Meeting will fc��T:,w: • F��TION by Councilman Samuelson to bring back the item of the reznniny request by George Nelson for reconsideration. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried un�nimoulsy. Councilman Harris said that in light of discu��ions h�� p�ewiouslyB the f��t that he Yia� received telelhone r.alls, anc� th�� t��e �s a c��'�° }:e�_:,iv� stu��,� to be un�ert�ken by the Planning C�r�►issi�n �n the e�� _°�rt�ent problem within the City of Fridley, he did not fe�l tiiat 1,� ccu13 act favorably upon t:�is recTUest. • :�uTi^`i k,•� �t:u:.�s��an SaR►uelsun t_h�t b�.ed ari tt:is di_�i.ss�cn; ar.3 the _,r�_:�se.i stadv ey the Planning ��mmission. w;lich wil'_ nat be cor.f�leted until aL~�ut Sentember 1, 1969, he would MO�IE for the denial �f the rezor.�ng - ��uest by George Nel�on. Seconded by Councilman Harris. Councilman iiarris pointed out that this denial would no� preclude his c.��n-_:.y b�ck lat�ra. after the completion of the Plannir.7 Cammission study. t:r, i�.lson asked when that vrould be. Councilman Samuelson said that the Planning Coa�ission hope� �o have their s�udy dora� �ou� the lst of Septemkier, ��e:� it will be studied by the Council during October o�: ��e�er, �o he c�uld perhaps re-initiate his action about the first of the year. Cousac�Rm man Sar.iuelson said tha� there were some questions in his mind concerning �;;.�:. r�c�:�: t, in that ther� wEre no plans cn wh�t would be going in there, or w�.at if he sYioul�3 sell the land and the City would not have a3equate co^trcl. He added that he could still build on the land now zoned R-3. �:�o Nelson sa�d that he was �old that it would be �areaxter to wait to see if t:�e land could be rezoned, before going ahead and sper�dirag any money �:i plans. The land as it is now is virtually useless because of iche h�� assess�eants. Counci].a�n Harris explained that he t,�as not finding faul� vab�Y► his p��ns, bu� rather that the Council vrould rea�thex' ��it for the Planning Co�aission study beforce making any deter�ination. I•ir. F��:i��n said that his c�iqinal proposal was to rezane all the: way to ^aundsga Sta tr.en it was cut back to satisify the people in the area. Fta a�;ce�l if 'the Planning C�ass�on did not take this into coti�i3eration wiien tlley recora- mended approval of the r�iuest. Ti� VOTE UFON TI� MOTION, ��a�� a� f�llcwss Harris, Samuelson and Kirkham voting aye, Sher�ci�� nd Liebl vc�ting nay, MayQx' Kixl�ham declared the �otion passeci, and the request denied. '° � " � � ' �PECIAL PU�LIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969 PAG€ 32 Mr. Allan I. Rolland said that he is planning on buying Lot 2, he had to move out of his house as he had sold it, and is anxious to get his house started so he can enroll his children in schoolo He would like to get the construction started as soon as possi.ble. He said that he would rather have a private easement �ather than a cul-de-sac as the cul-de-sac would cost more and would require his house being built 45' back, as was p�ceviously s�ated, whe�n he appeared before the Council. MOTION by Councilman Samuelson to close the Public Hearing ori the Final Plat Marion's Terrace requested by Howa�d Crabtree. 5eeonded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Harxis Pro tem declared the Public Hearing closed at 7:50 P.M. PUBLIC HEARING ON A REQUEST FOR A SPECIAL U5E PERMIT FOR QONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING: (Lot 3, Block 4, Ostma,n's Addition) Roger L. Peterson Mayor Harris Pro tem read the Public Heaging notice and the City Engineer added that th�s request is for a duplex in R-1 zoning. The Planning Comffiissiori recommended approval subject to the applicant providing a turn-around on the property so that autos may enter East River Road head on, rather than backing on, and that a three car garage be construct�c3 as paxt of this pro- posal. Councilman Samuelson pointed out that the Council has received a letter from �� Lorraine R. Hanson asking that her name be removed f'rom the petition she had ��` • signed in favor of Mr. Peterson's constructioaa. � � �-e MOTION by Councilman Samuelson to receive the communication from Lorraine R. 'U�Hanso'n supplied to the Council July 14, 1969. Seconded by Councilman Liebl. ��( �� Upcn a voice vote, all voting aye, Mayor Harris Pro tem declared the motion � C' carried. Councilman Liebl pointed out that there were also letters from Mr. William C. Hoffman, 6900 Hickory Drive dated July 5, 1969, and Robert F. Havel, 6911 East River Road dated July 8, 1969 requesting that their names be withdrawn from the petition in the Agenda. The City Engin�er said that it seems that originally the neighbors were in favor of the construction, but upon reflection, changed their minds. Mr. Roger Peterson said that he had nbthing to add that he has not already stated except that this house will look just like a single family dwelling, with a walk-out basement. MOTION by Councilman Samuelson to close the Public Hearing�on the request for a special use permit for a two family dwelling in R-1 zoning by Roqer L. Peterson. Seconded by Councilman Liebl.. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Public Hearing closed at 8:00 P.M. PUBLIC HEARING ON STREET 1�MPROVEMENT PROJECT ST. 1970-1: Mayor Harris Pro tem read the PUblic Hearing notice and explained that some of these streeta have been added as petitions have been received, others have been added by the City because of the poor aondition of the street and in view SPECIF,L PUBLI� ��RING �TD H701�ICSHOP MEETING OF JULY 14 a 1963 P�lG� 33 �` of the 10 year street improvement program adopted by the City Councilo The City Engineer explained that basically the plan is to bring all the streets within the City of Fridley up to City standards in 10 yearse This proposal was approved by the Ci•cy Council as it wiill facilitate better planning and by combining a group of streets in the same general area the construction costs can be kept down and the savings passed on to the property ownerse It is hoped to let this contract early next spring. He suggested taking the first seven streets together as they were figured together in the estimateso Locke Lake Road: East River Road to Hickory Street 69th Way: East River Road to Hickory Str�et 70th Way: East River Road to Hickory Drive Hickory Street: Locke Lake Road to Fi9th Way Hickory Drive: 69th Way to 70th Way Hickory Circle: Hickory Drive to cul-de-sac Hickory Place: Hickory Drive to 70th Way The City Engineer said that the proposal is for a 36' street with curb and gutter with a blacktop ma�. Councilman Samuelson said that he had received a pe�ci�ion against fche street improvement of Locke Lake Road. 69th Way and Hickory Street. PETITION #25-1969 - PETITION I1V OPPOSITION TO STREET IMPROVE�i.ENTS ON LOCKE T•AKF. IiQAD, 69TH WAY, AND HICKORY STREET: MOTION by Councilman Samuelson to receive Petition #25-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Councilman Samuelson read the p�tition aloud at the request of a member of the audience. Mr. Gary Hedman, 60 N.E. 70th Way presented a petition against �the installation of sanitary sewer lines with approximately g0 signatures, representing residents in this seven street area. PETITION #26-1969 - PETITION OBJECTING TO THE PROPOSED "SANITARY SEWER LINES AND SERVICES": (ST. 1970-1) MOTION by Councilman Liebl to receive the Petition #26-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Mayor Harris Pro tem read the petition aloud for the benefit of the audience. The Finance Director said that there was some misunderstanding on the part of the residents. The sewer means storm sewer i.mprovements, and that there was only one sanitary sewer service to be installed. The City Engineer added that this area has a history of delayed improvements. In 1965 the City received a petition for improvements. Some people were oppose3 and felt that they would like the project to be delayed another yeara In 1966 anotheg public hearing was held with the same response, some were fo� it and some were in opposition, so the improvemen� was again delayed. In the meantime the City has gone in and patched as well as they could, but this was four years ago and by now the