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SP80-03�� � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY' Z1, I980 CALL TO ORDER: Acting Chairperson Langenfeld called the May 21, 1980, P1 ing Commission meeting to order at 7:38 p.m. ROLL CALL • Members Present: Mr. Harris (arr. 7:39 .m.), Mr.. �ret�enfels, Mr. Oquist, Ms. Gabel (for Ms. chnabel), Mr. Langenfeld, Mr. Whartan Members Absent: Ms. Hughes Others Present: Jerro oardman, City Planner Is lle & Du3ne Motzko, 290 Ely St. N.E. en Bxustad, 272 Ely St. N.E. APPROVAL OF Y 7, 1980 PLANNING COMMISSION MINUTES: MOTI y Mr. Oquist, seconded by Ms. Gabel, to approve the May 7, 1980, P ning Cammission minutes as written. Upon a voice vote, all voting aye, hairman Harris declared the motion carried unanimously. � 1. PUBZIC HEARING: REQUEST FOF. A SPECIAL USE PERMIT, SP �k8Q-03, DUAN� MOT2K0: Per Section 2.05.051, Z, A, of the Fridley City Code, to a11ow the -� construction of a second accessory building, a 22 ft. by 22 ft, detached garage for the stora.ge of a boa� and car, located on Iots 45 and 46, B1ock 11, Spring Brook Park Addztion, the same being 290 Ely St. N.E. MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to open the public hearing on SP ��80-03 by Duane Motzko. Upon a voice vote, a11 voting aye, Chairman Harris declarecl the public hearing open at 7:40 p.m. Mr. Boaxdman stated this is a 60 ft. 1ot. The present building is a house with an attached garage. The proposal is for the construction of a detached garage in the rear yard for storage. Because of the situation and because the Zoning Code requires a special use permit for a second accessory building. in excess of 240 sq. ft., Mr. Tiotzko is proposing a special use permit. Mr. Motzko stated the existing attached garage will remain a garage. He is in need of another garage just for storage of a car aiid boat. Ae intends to cut a garage door in the baek of the existing garage, then build a 10 foot patio between the two garages, so there would be about 14 feet between the two garages. Mr. Motzko stated that if he had the o.k. from the City that the alley would remain onen, he would put the garage back farther and have access through the alley, but he �aas not assured that the al.ley would remain accessible in the future. PLANNING COMMISSION MEETING, MAY 21, 1980 PAGE 2 Mr, flarris stated Chat Mr. Motzko may have received some misinformation about alleys. Mr. Boardman stated that anytime there is access off an alley, the alley should not be closed, and Mr, Motzko would have legal recourse if �n alley he was using was closed. It was a question of what would work better for Mr.Motzko, knowing that the alley may or may not ever be improved. Mr. Boardman stated that the City will not plow alleys unless they are paved alleys. If there are not enough people on a bLock to request the paving of an alley, the City will not maintain an alley rigk�t-of-way. If Mr. Motzko wanted to have access to his garage from the alley, he has �he legal right to do so and has the legal right to maintain that alley right-of-way. If it is easier for Mr. Motzko to maintain access from his existing garage, Mx. Boardman stated that would probably be the besr way to go. Mr. Motzko stated he would like access through his existing garage. Nir. Harris asked if there was anyone in the audience who would like to speak regarding this item, Mr. Ken Brustad, 272 Ely St. N.E.,stated he lives one block east of Mr. Motzko. His main concern was whether Mr. Motzko would be painting the garage as he . did not want an e3�esore in i:he neighborhood. Mr. Motzko stated the new garage would be pdinted to match the house and attached garage. He stated the garage wo�ld be built by Suslsell. He also stated that if he had a lot of neighborhood objections, h� would be willing to put up a redwood fence that would run along the side of Che new garage up to the existing garage. The garage will face the same direction as the existing garage. , Mr. Langenfeld stated there did not seem to be much opposition, and there was a sizeable mailing list. MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to close the public hearing on SP �680-03 by Duane Motzka. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 7:58 p.m. MOTIOI�I by Mr. Langenfeld, seconded by Mr. Oquist, to recommend to City Council the approval of a request for a Special Use Permit, SP ,��80-03, by Duane Motzko• Per Section 205.051, 2, A, of the Fridley City Code, to allow the construction of a second accessory build�.ng, a 22 ft. by 22 ft, detached garage for the storage of'a boat and car, located on lots 45 and 46, Block 11, Spring Brook Park Addition, the same being 290 Ely St. N E, with no stipulations Mr. Langenfeld stated that he felt this request was in accordance with the Zoning Code and special use requirements, and Mr. Mot-zko is going to make this structure compatible with the existing area. Also, the special use permit does have the element of control. .- . PLANI�ING COMMISSION MEETING, MAY 21, 1980 _ PAGE 3_ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTTON CARRIED UNANIMOUSLY. Mr. Harris stated Special Use Permit SP ��80-03 would go.to City Council on June 2. ' MOTTON by Ms. Gabe1, seconded by Mr. LangenfeZd, to suspend the rules and adopt "Renewal of Special Use Permit SP ��74-16 as Item 2 on the agenda. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 2. RENEWAL OF SPECIAL USE PERMIT SP �74-16 for Reynold Swanson to� erate a mobile home sales lot, located on the West 375 feet of Lot 3,;.A.S. ��89, �he same being 7151 Highway �F'65 N.E .: Mr. Har s asked if this was a renewal of a special use permit or a reviewal of a speci 1 use permit? Mr. Boardman ated that when City Council granted tkiis special use permit, they granted it or a period of five years, but nothing was said about whether it was to be rene ed or reviewed. ;�' Mr. Harris stated he iscussed this Monday r��ght at the City Council meeting with Virgil Herrick, Ci Attorneq, It w�� Mr. Herrick's opinion that if this is a review, the Plannin Co�ission cax�,-�handle it as an agenda item, but if it is a renewal, if the ex ting permi,�' e�;pa.res, there is some question of whetlier it has to go to pub 'c heari�ig because it is like a new special use permit. , Mr. Qquist stated that on page,� f a letter dated Dec. 31, 1974, to Reynold E. Swanson from the C�ty o Frid].ey, it stated that "this Special Use Permit be issued for a aximum o five years or to run concurrentlq with the lease, whichever is 1 s." He fe that meant this special use permit is a renewal. Mr. Boardman stated e Planning Commission ad talked before about what they . wanted to do on th e kinds of things. He th ght the Planning Commission had decided to st looking at renewals of thin s and s�art just having reviews of spec 1 use permits. The way this re est is laid out is not very clear at a11. Mr. Treuenfe,�s stated that in Mr. Swanson's letter dat�April 21, 1980, to the City Cqiincil, he was requesting a renewal of the spe ial use permit. Mr. Boar man stated the way they have set up the poLicy or p ocess is that a rene 1--any permit that was going to be renewed--would not ave to go throu i the public hearing proeess, but would follow the normal rocess of bei reviewed by the Planning Commission and City Council, becau , primarily, the Planning Commission and City Council would be looking to see i the operation was in compliance with the requiremenCs of the special use ermit. Re stated he would like some clarification on how the Planning Couuniss n wanted to handle this. � � (� `r'L/ (-. �-��, � ' ! i � ; i ( i i � 1�1 REGULAR MEETING OF �UNE 2, 1980 PAGE 2 agenda since Mr. Lenhart, o operator of the Canterbury Pub, was not present at this tim NEW B RECEIYING PLANNING COMMISSION MINUTES OF MAY 21. 1980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, 5P #80-03, TO ALLOW CONSTRUCTION OF DETACNED GARAGE, 290 ELY STREET, QUANE Fi�TZKO: Mr. F1ora, Public Works Director, stated this is a request for a special use permit to allow the construction of a 22 x 22 fooi accessory building for storage of a boat and car at 290 Ely Street. The Planning Commission unanimously recommended approval of this special use permit. MOTION by Councilman Fitzpatrici; to concur with f;he recommendation of the Planning Commission and grant special use permit, SP #80-�3. Seconded by Councilwoman Moses. Upon a voice vate, all voting aye, Ma,vor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Corrunission Meeting of May 21, 1980. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. EWAL OF SIGN LEASE FOR CHARLIES IN FRI QUEST BY SUSAN ANGRIMSON, MANAGER: ITY Mr. F a, Public Works Director, stated a request was received from Charlies in Frid to approve an extension of the variance for their sign. He pointed ou this busir�ess has changed ownership and the original two years allowed for is sign has expired. It was the feeii of the Council this matter should be referred to the Plannir.g Commissio Mr. Qureshi, City Mana r, felt this could be done, with a grace period given for the sign. MOTION by Councilwoman Moses o and allow Charlies in Fridley a by Councilman Schneider. Upon a clared the motion carried unanim refer this matter to the Planning Commission 60 day grace period for this sign. Seconded ice vote, all voting aye, Mayor Nee de- CONSIDERATION OF FIRE FI6HTING MI WITH ANDOVER: MOTION by Councilman Schneider to authorize e Mayor and City Manager to execute the agreement with the North Suburban tual Aid Association for the inclusion of Andover in this Association. S onded by Councilman Barnette. Upon a voice vote, all voting aye, Mayo ee declared the motion carried unanimousty. ION N0. 55-1980 ESTABLISHING t�1UNICIPAL STATE AI Councilwoman Moses asked if there is a certain allocation of reets in the City which may be designated as State Aid streets. Mr. Qureshi, City Manager, stated at this time about 20% of the City streets can be designat as such. MOTION by Counci]man Barnette to adopt Resolution No. 55-1980. Secon d by Councilman Schneider. Upon a voice vote, a1T voting aye, Mayor Nee dec red the motion carried unanimously. i�