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AF-V - 46536� k. �""a..� ` ti � - , - ^°-�„ . . _ • . • cIT F�1IOLEY� SU9J�CT �6431 UNIVEF181TY AVE. NE• � FAIDLCY. MN. B8432 �6721 67'1•34✓O ADDRESS I �►' � VARIANCES � . . pqTE � ��`s � �e'/ � APPEALS COt�IMISSION: APPROYED DISAPPROVED _ DATE N0. CITY COUNCIL REYIEW: REQUIRED: rYES � _ CITY COUNCIL: APPROdED DISAPPROVED OATE N0. STIPULATIONS: . .. � � . • .... ..... . .... .. . NAME rV1CC (� ��oP�-�2<<�� y"�rC. FEE 14� � RECEIPT No.,�� I � . LOT N0. BLOCK N0. TRACT OR ADDITION . . . , � LEGAL QESCRIPTION: `� 7 � � � � _ __ � � "�'� � '°`�� 1 , . . . , � � V� YARIANCE•REQUEST(S): (Attach plat or survey of property showing building, variances, � � �` .�",,t� etc.. where appl.icable) ��1� � �°-� ��r � t ��r Lo,�+` �= ,� Ca�uhX' � �°►s? �S'c4c" g�1�y ' ``;': � � � �� ; .. -, -- � S A � �j ��,eQa��.,�,. , a � C�,e� �S � N , a r,�o� T �,��. � � ��., � � . . Section(s) of the City Code: � � ` �AR��` ��'��s �,�, �/v'�'� List specific hardship(s) which requires the variance(s): ., �er� S� c�a ls �-eGa�oec v, t-i�vea� S'h�� f�tS -�ec�w<<° oo� f k`s . rp� I-�� /1�I �v S °� G- e �rr� �v�e S �� ' . n OATE� � -' lQ—�`� � � �o�� e . ," � SIGNATURE ��,��'�✓_��-�'� � • — ADDRESS � � '� 6 �- C�� "v�" ' �s � ' TELEPHONE NO 7 S?—C �� vo � G��.�... �� 30 3 eg�, `%��' 7Yo v .r �+ � � � -„ . , �. �' rnRa�wc�s • FoR ciTr usF o�Y , - 8oa�d �mbers notified of ioeetin by • ` i' 9 _ Li�t Q�emb�rs, date notified. and 'Yes" or '!.b• tor plans to attend hearin�. • Plan M� • • _ O�te�� To Attend . James plemel � � • r _.r� � . Li.09�S�.f1 R4'� ' Persoi rwking appeal and the following property o►mers having property within 200 feet = notified: � . See Attached List �a� " ., De►te Pho�e Ot' M.ail Noti'fied _ - . . . - . --.- � � . . , . ' � �I . I- .� � �_____r_._._ ----________. —________ — _.______ .�� _________ � _ , __.___._...�_��! � . I �` � _. � Planning Comnission � �' Appeals Commission June 29, 1984 MAILING LIST SP #84-03 MCCK Properties, Don Chouinard and Variance for parkin4 lot and qarage ad,�cent to 441 Hugn Street N_E_ MCCK Properties, I�ac. C/o Don Chouinard Mr. & Mrs. Gary Claggett 13562 Central Avenue N.E. 440 Hugo Street N.E. Anoka, MN 55303 Fridley, Mn 55432 Mr. & Mrs. Andrew Bultena 381 Ironton Street N.E. Fridley, Mn 55432� Mr. & Mrs. James Burnett 377 Ironton Street N.E. Fridley, Mn 55432 Mr. Leonard Dailey 8191 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. Thomas Adams 430 Ironton Street N.E. Fridley, Mn 55432 Mr. & Mrs. Eugene Zuel ke 8161 East River Road N.E. Fridley, Mn 55432 JoAnn C. Rech 8161 Ruth Circle N.E. Fridley, Mn 55432 Mr. & Mr. Stanley Jones 8151 Ruth Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Mitchell Cook 420 Hugo Street N.E. Fridley, Mn 55432 James W. Overcott 360 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. John H. Kobs 369 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. Ryan Falk -� 381 Hugo Street N.E. Fridley, MN 55432 Mr. & Mrs. Donald Livgard 8141 Ruth Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Clyde E. Meyer 420 Ironton Street N.E. Fridley, Mn 55432 Mr. & Mrs. Mark Maloney 391 Ironton Street N. E. Fridley, Mn 55432 Mr. Phill Wilson 401 Ironton Street N.E. Fridley, Mn 55432 Mr. & Mrs. Roger Ghai 411 Ironton Street N.E. Fridley, Mn 55432 Mr. & Mrs. Frank Hegner 450 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. Guy Lungsten 389 Hugo Street N.E. Fri dl ey, Mn 55432 June L. Frehn 8180 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. Ernest Draheim 8164 East River Road N.E. Fridley, Mn 55432 Javier Rivera 499 Glencoe Street N.E. Fridley, Mn 55432 Item �3, Julp 10, 1984 ADMINISTRATIITE 3TAFF REPORT 441 Hugo Street N.E. A. PUBLIC PURPOSE SERYED BY REQUIREMENT: SeQtion 205.09.7.D6, requires a minimum fifteen foot wide screening strip to provide for a physieal separation between a multiple dwelling distriet and any other res3dential district. Publie purpose served by this requirement 3s to provide open areas adjaeent to lot lines and to separate parkin� with landseaped areas. Seation 205.09.3D.1, requires a front yard setback of not less than 35 feet for all struetures. Publie purpose served by this requirement is to allow for off-street parkin� without encroaehing on the publie right of way and also for aesthetie eonsideration to reduoe the building °line of sight" eneroaehment into the neighbor's front yard. B. STATED HARDSHIP: "Hardship is because of linear shape of lots; parking must be on one side because of th3s." C. ADMINISTRATNE STAFF REVIEii: This projeet consists of a seven unit townhouse on land zoned R-3, and adjoinin� parking on land zoned R-3 (approximately 20 feet) and land zo ned R-1 (approximately 50 feet). In conjunetion with this applieation a Speeial Use Permit has been applied for to place parking for the townhomes on the fifty foot R-1 portion of the site. Between the westerly portion of the parking lot zoned R-3 and adjacent R-2 zone a fifteen foot buFfer is required, fiee feet is provided. Between the easterly portion of the parkin� lot zoned R-1 and the adjaeent R-1 zone, a ten foot buffer is required, as per SpeQial Use Permit requirements, five feet is provided. An additional varianee in the plaeement of a gara�e which eneroaches 9.4 feet into the required front yard. CITY OF FRIDLEY MIlVNESOTA BO ILD INfI PEAMIT RB9IEli e R-3 FII.E N0. / ADDRESS: e eurrent Code requirementa Por detailed eaplaaation) ITEM �.ot Area• 3 Unita 10.000 sq. Pt.l �_� 4 Unita 15.000 sq. Pt.l I_� Over 4 IInita 15,000 aq. ft. plusl I 1 1�000 Per IInit1 " I I (Minimum 2.500 aq. ft. Par Onit)I �_� Lot Width: I I i 2 or 3 Onits 75 �•I I_� 4 or More Unita 85 ft.l (_� Lot Coverage: I I �I� Main Building 20¢I 1�� _� All Buildings 30�1 ��a i �� Building Setbaaka: � Front Yard 35 �•I � � � ( � With Driveway 25 Pt.i � �_I Carner Lot 35 fti•I �_� Rear Yard 25� oP Lot Depthi I I cMSn. z5 rt., r�. uo rt.)I ___I—I Building Height 6 Storiea/65 ft.1 I_� Parki.ng Ratio: Multiple Drrelling 1 1/2 3ta11/1 Hedrooml � Plus 1/2 per Addn'1 Bedrooml I_� Hotel 1•25 Stall Per IInitl �_� Handiaap 1 3ta1L 50 Parking Stallsi �_� Parking Setback From: Public Ri t oP Wa 20 ft. �_� Side Lot Line .I I_� Rear Lot Line 5 ft.I I_� Building 5 ft.l I_� Al1eq Aight of Way 15 ft.l I_� DMveway Parking Aislea: 2-i+ay TraPPio 25 Pt.l I_) 1-vay Traffio 18 ft.l �_� Drive�ray Width 32 fi• I I_) Driverray Angle 60 � �_� Iaterseot ROiI 2/3 Width/75 Yt.l ( Curb 6" Poured Concretel I_� Curb Radii 10' R.I I_� Parking Sta11 31ze• Regular ,10' s 20' (200 aq. ft.)I I_� . Handioapped 12' x 20' (240 sq. ft.)I I_� Abutting ourb/aidevalk 10� s t8� (18o sa. Pt.)� I_I Landsoaping: IIaderBiwund 3prinklir�l I_� Interior Parking Lot ImprovementJ_ I_� RePuse Looation flearf�i.de Yerd-Soree�t l� ••- I_°t° Loadiag Areas 8ear/91de Yard-3creenedl I_� Drainage Approved P1aaI �_,�__ Screeaing Of: Parking Faoilitiea � �_� Outaide Storage � I_� Refuse Coatainera I I._� RooP Equipment I I..._I Los in Docke � �_� Rea. Diat. 15 Foot Planting Stripl �_� Miscellaneous: Lighting Shaded/DiPfuaed) �_� Bike Racka I I_� Motoroqole Parking I I_� Signage For Safety I 1 � Seaurity I I_� Side�ralk Easement 1 I_) 3/0/8/30 Page 1 of 1 r � � � + , � c -, ,,�;�i i�c�,u-� �. t.� ;�,'"_�' C.IT'Y OF �'RIDLEY 8431 UNIVERSITY 11VENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 �.une 29, 1984 NOTICE OF PUBLIC HEkRING ;e is hereby given that the Appeals Co�nnission of the City of Fridley conduct a Public Hearing in the City Council Chambers at 6431 University ie Northeast at 7:30 p.m. on Tuesday, June 10, • 1�984 �n regard to the �wing matter: Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required setback for a planting strip from 15 feet to 5 feet on the side yard on the property zoned R- 3(multiple dwellings), and reduce the required setback for a plantring strip from 10 feet to 5 feet on the rear and side yards, and reduce the front yard setback from 35 feet to 25.6 feet, on Lots 78 and 79, Block A, Riverview Heights, to allow R-1 zoning (one family dwellings) to be used for a parking lot and garage in conjunction with a seven-unit multiple dwelling at 441 Hugo Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CHAIRWOMAN APPEALS COMMISSION ANG�CA COUNTY MINNESOTA TAXPA 1' �['�•S \rOPY STATEMENT OF PROPERTY TAX PAYABLE IN 1984 DOhALD C�+iAI LE V� TFtEASURER - PROpERT/ DESCRIPTION FOR TAX PURPOSES ONIY �TNE LEGAL DESCRIPTION OF VOUF PROOERiV MAY D�«E17 1 ANOKA, MINNESOTA 55303 I 91NNUMBER: CO3 �(� 24 Z4 �� ' �-'�T' � PLAT & PARCEL NO:, S 7 S g 3 O�► � S '' FEE OWNER: � C [ K I N C • CONTRACTFURCHASER: ' PROPERTY DESCRIPTION: � i J:' �t� I� �'% H� I u H T � C I T Y OF FRIDL=Y NLL T�+ ��UQTIO�•J '?F P.T '?F wAY OF �''iPL� a��_{a , c��f��.�� a�,c;_ k� �J IN S�1I4 TAXPAYER-AGENT OWNER-CONTRACTPURCHASER '�CCh :VC 9?9 M C C K I'dC 1�56? CEP+T��L NE 13562 CENTRAL AVE 'J� aWC!c;1 MN 5530j HQM- LAK�.. --- — �"'� _ : _ �' ANOKA COUNTV a11NNESOTA TAXPAYER'S COPY STATEMENT OF PROPERTV TAX PAYABLE IN�19 DONALO C. BAILEV� TREASURER PqOVERTY DESCRIPTION iOR iAX PURPOSES ONIV � ANOKA, MINNESOTA 55303 (THE LEGA� DESCR�PTION OF YOUR PROPERTY MAV plitf N i, PIN NUMBER: P�AT 6 P4HGEl NO:. iEE OWNER: CONTpACT PUHCHASER: PROPERTV DESCRIPTION: R�3 30 24 24 J11 �� 57593 Q42J M C C K IVC OF FRIDLc'Y RIVER VIEW Hc:uHT� ' ] .: ) 4 � � �tIV�R VI��1 HE!�HT3 CITY LJTS ��G ;,1 �2 y Q? �LK A TAXPAYER-AGENT OWNER•CONTRACT PURCHASER `1CCiC iNC 999 M C C K INC 1zSF,� !:CNT?AL NE 13:62 CENTRAL �.V' ".� ANpY.y Mry 5�3n� HAM LAKE �� ;__;; -- ■fC/lOT r TN/��LM 1�0 ACAif pA {CMOQL OItT, ws 1N9T��IgCAL qB�, pA7t0 NRw IM��IOVfMlNTf ■�T. MAAMiT VALYC A/NA A15HSbE0 VnL�I I I ._ ANOKA COUNTV MiNNESOTA TAXP"�YER,S �OPY STATEMENT OF PROPERTY TAX PAYABLE IN 19A DONALD C. BAILEY, TREASURER ANOKA, MINNESOTA 55303 ` PIN tdUMBER: �� 3 3 l� 2�/ Z r ',i �..' �• PLAT 6 PARCEI NO:. 5 7��}.7 � 4 V L� FEE OWNEp: IyI C C K � i'� � J CONTRACTPURCHASER: PNOPERTV DESCRIPTION: �F F=IDLEY VIEd HEZu�iT5 TAXPAYER•AGENT ?C >a? �ICCK INC 1330� CCNTRAL �V;: '. HA�4 L;�Kc . "i , , _ 4 r ,- PROPERTY DESCR�VTION i0R TAX PURVOSES ONtr ITHE LEGA� DESCRIPTION OF YOUN PROVERTV MAV Dlrila 1 uIV��VI:�I 4cI�HT; tITY L�•T� '� : 77 �?LK + aIV_R— OWNER-CONTRACT PURCHASER . J �::'��?R��:TiJ�J :':: -':.•i "IC� C=��K T'ca��'►C� ,�,� ";��uT�': '^": 5i11:: � •6C/Lp♦ i TM►/�LN wa /1C1�t• OA •CMOOL 01�7. ps MA� �19CnL O18P. RATO N6N IMr1�OViMtNT� J3 I3J '4 11--- - � ---- - — ARE YOU ELIGIBLE FOR A REFUNDT TO FIND OUT IF VOU'RE ELIGIBLE FOR ONE OR BOTH OF TNESE RE:UNDS ?HE MINNESOTA PROPERTY TAX REFUND 3. sT n T E ssT. Mwww�� vwwe �/Nw •oeessFO v.�v 11SOC �� 4�'� YOUR ITEMIZED STATEMEN7 MILL RATE AM�UNT �� -�+rue corr�� Oo�10cDTV TAY YG[IINfl a C(]UNTV , � • 3��'�'1 � j�, ANOKA COUNTY MINNESOTA • TpXP��I�R'S GOPY STATEMENT OF°�ROPERTY TAX PAYABLE IN 19A DONALO C. BAILEY, TREASURER PRnPEqT' n��CpIpT10N fOR TA% PUHPOSES ONIV ANOKA, MINNESOTA S,�O,� (TNE IEG�.0 OL'3l'1':VTION OF YOUR PNOPERTV MAY DiflFn � PIN NUMBER: R � 3 � U L� (� �� V� �� ,,: µ 4 4 PLAT & PARCEL NO:. S� S�� ,=i U L+ 2� - FEE OWNER: ;1 [ � K I;J C CONTRACiPURCHASER: PROPERTY DESCRIP710N: "? � U� rf U•.`. •`: H c I� N T S ALL Th PT GF T4c ',1Iv'J.4''r :: �T Vr�;:wT� ^ LYi'�u '.Lv �G WLY cXTENS I�V �F TN �. . � I!d' ,". F ��1T g� °�r a a, �fce TAXPAYER•AGENT a�9 N C C K INC 1355? CENTa.aL �� ,_ HA`1 LAK� �, � I,� � OWNER-CONTRACT PURCHASER MCCr; I'JC 1 :`6? ''c`;Tas� h;c �,r.1C✓,� `�'d :�?�? 1[C/LOT ♦W�JSLIt AO wew�s aw •CMOOL DIfT. ps Mgi � r��_ p�gv, qA�{p pQM IN�NOVfM6NT• ■�T, MARKtT V1�LYL A/N1� AbfH66EO Vw� � / � , / 03 3� 24 11--- — 1 6��,, ..n - � r.; 'c�.e;-l:�: .. , �: r ��. fi ;.; ,-,. � �.�., . .b S�.:r ee�ro.'��:�.�-.. ,� .� ,�'" #� � CITY OF FRI�LEY 8431 UNIVERSITY AVENUE N.E.� FRIDLEY� MINNESOTA 5543Z NOTICE OF PUBLIC HEARING Notice is hereby given that the will conduct a Public Hearing in Avenue Northeast at 7:30 p.m. on following matter: TELEPHONE ( 812)571-3450 3une 29, 1984 Appeals Commission of the City of Fridley the City Council Chambers at 6431 University Tuesday, June 10, � 1984 in regard to the Request for variances pursuant to Chapter 205 of the Fridley City Code, to reduce the required setback for a planting strip from 15 feet to 5 feet on the side yard on the property zoned R- 3(multiple dwellings), and reduce the required setback for a planting strip from 10 feet to 5 feet on the rear and side yards, and reduce the front yard setback from 35 feet to 25.6 feet, on Lots 78 and 79, Block A, Riverview Heights, to allow R-1 zoning (one family dwellings) to be used for a parking lot and garage in conjunction with a seven-unit multiple dwelling at 441 Hugo Street N.E. Notice is hereby given that all persons having an interest therein will be given the opportunity to be heard at the above time and place. PATRICIA GABEL CNAIRWOMAN APPEALS COMMISSION � �' �.�+ ' �. �: � �V � � �� G��r��C.� �r�i:�.�u,.�, • �.,, � /�� +� �i�7if � 4 " J�� ,��,, y� � ,�, .�`��,.� �� "`' � � - . � �' . ,a G� �,,,1 � ��' City of Fridley �AGEi�TD�, APPEALS COMMISSION MEETING TUESDAY, JULY 10� 1984 7:30 P.M. CALL TO ORDER• ROLL CALL: APPROVE APPEALS COMMISSION MINUTES: J[FN�`26, �984 �� 1. REQUEST FOR A� VARIANCE PURSUANT T{! CHAPTER 205 OF THE FRIDLEY CITY CODE, TO �_s,,,,M^a� REDUGE THE SIDE YARD FROM 10 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF A �� 2 x 28 FOOT ADDITION ON,LOT 2, BL CK 1� BRIARDALE ADDITION� THE SAME BEING 1616 RICE CREEK ROAD N,E, (Request by Marvin Schmidtz� 1616 Rice Creek Road N�E., Fridley� MN 5543�� 2. -REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE_,, TO REDUCE THE SIDE YARD SETBACK�FROM 17 5 FEET TO 16.5 FEET. AND THE REAR YARD �, -� SETBACK FROM 28 . 5 FERT � TO �._7 ET TO ALLOW THE CONSTRUCTIUN OF A'L `l FOOT x ��'� ��FOOT ADD�TION� AND A 24 FOOT'x 24 FOOT ATTACHED GARAGE ON Y,OT 1,'BLOCK 2, SPRING LAKE PARK LAKESIDE ADDITION„ THE SAME BEING 1586 OSBORNE ROAD N.E. (Request b.y Dwight J. Stuart, 1586 Osborne Road� N.E., Fridley, MN 55432) 3. REQUEST FOR VARIANCES PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY C012E. TO REDUCE THE REQUIRED.SETBACK FOR A PLANTING STRIP FROM 15 FEET TO 5 FEET ON THE S�DE YARD ON THE PROPERTY ZONED R-3 (MULTIPLE DWELLYNGS)� AND REDUCE THE ��"o:�;�, � REQUIRED SETBACK FOR A PLANTING STRIP FROM 10 FEET TO 5 FEET ON THE REAR AND SIDE YARDS, RIDU E FRONT YARD SETBACK FROM 35 FEET TO 25.6 FEET, ON LOTS 78 �9. BLOC IVERVI�W HEIGHTS, TO ALLOW R-1 ZONING (ONE FAMILY DWELLINU� A SEVEN-UNIT MULT properties� Inc., 55303) 4. OTIE3t $USI#ESS: ADJOZIRNMENT : TO B D FOR A PARKING LOT AND GAR.AGE IN CONJUCTION LE �LLING AT 441 HUGO STREET N.E. (Request by MCCK Do Chouinard, 13562 Central Avenue N.E.� Ham Lake, � � WITH � a o ��: J�� 4��±��1��, • .. :r. ,� • vote, all voting aye, Mayor Nee declared the motion carried unan' ly. Mr. Taylor questioned where he would connect with the ewer system. He statecl he thought at first he could connect with th ole in the street, but finds that he will probably not be able to so. i�tr. Paschke stated when they were c3evelo ' g in the area, they rerouted the sanitary sewer system to the north so . Taylor would have to go across the street to obtain these services. Mr. Flora, Public Works D' ector, stated the City had a service in the middle of the street ch is no longer there and he understood the developer would prw ' the service when this property was developed. Mayor Nee aske hy the line was abandoned. Mr. Paschke stated it was abandoned be use they didn't use it as the financial institution would not allaw a itary sewer to go underneath the buildings. Mr. eshi stated he felt this issue would have to be resolved at staff 1 el anc7 worked out with the property awners. 5C. - SZ�FT N. E. BY DON (�iOUINARD: Mr. Flora, Public Works Director, stated this is a request for a special use permit to allow for a g3rking lot and garage on R-1 property in conjunction with a seven unit townhouse development to be constructed on adjacent property which is zoned R-3. Mr. Flora stated, in addition to this request for a special use permit, there are also some variances requested in order to construct these tawnhouse �mits. Mr. Flora stated the Planning Commission recommended approval of this special use pernut with seven stipulations, which he outlined. Mr. Flora stated, in oonjunction with the three variances requested, the Appeals Commission discussed the traff ic issue and made a separate recammendation to Council that there be no parking on the north side of the 400 block of Hugo Street to acco�anodate parking. He stated these variances appear on the Council's agenda later in the meeting. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Conmission and grant special use permit, SP #84-13, to allow Lots 78 and 79, Block A, Riverview Heights, zoned R-1 to be used for a parking lot and garage in conj�ction with a seven unit multiple dwelling at 441 Hugo Street, with the follawing stipulations: (1) the �its be constructed of town-house design; (2) a drainage plan be approved by the City's E�gineering Department; (3) an approved lanc]scaping plan; (4) a 17 1/2 foot easement along East River Road; (5) a fire wall be constructed along the east wall of the garage; (6) the exterior of the east garage wall be of the -8- 5B. mLintcTr. �rn�c, OF AUC�JST 6. 1984 of 73 1/2. Mr. Flora stated the Planning C,oa�nission called for a public notice of this ot split and a ntm�ber of persons came to the meeting to discuss it. Mr Flora stated a neighboring property owner stated he may consider a split of 's lot in the future. Mr. F ora stated the Planning Commission recommended approval of the lot split 'th nine stipulations, which he reviewed. Mr. Qures i, City Manager, stated the problem is the property to the south is already developed and the possibility of getting right-of-way to serve any of the roperties which may eventually spl it would, he f elt, be extr�nely di icult. Mr. Qureshi sta ed because of this question regarding access for possible future develogne , he would suggest this item be tabled until the ward representative, Co cilnan Schneider, is present. MDTION by Councilman itzpatrick to table this item to the next regular meeting. Seconded by uncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. Mr. Flora, Public Works Direct , stated this is a request to construct a Midas Muffler Shop at 8080 Unive sity Avenue and the code requires a special use permit for an auto repair arage. Mr. Flora stated the zoning is correct and the proposal meets all ode requirements. Mr. Flora stated the Planning Commi sion recommended approval of this special use permit with stipulations fo a landscaping and drainage plan, no outside storage, and five feet setbac around the building wherever possible. Mr. Qureshi, City Manager, felt it would be tter to have more landscaping in some of the area designated for parking. Mr. Taylor, the petitioner, stated that area woul be where the drainage is located and would be bermed, however, he didn' object to eliminating several parking stalls for additional landscaping. M�TION by Councilman Hamernik to concur with the rec mmendation of the Planning Com¢nission and grant special use permit, SP �-12, to allow a re�zir garage at 8080 University Avenue with the following tipulations: (1) an approved landscape plan with irrigation system; (2 no outside storage; (3) approvec7 drainage plan; and (4) any place on the bu ding that isn't an access door be provided with a five foot curb to pr tect the building from parked cars. Seconded by Councilman Barnette. Upon � voice -7- � _ • s . ��: l�� . • .r� ,'i� • same material as the townhouses; and (7) a townhouse convenant be signed. Seconded by Co�mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 9�!v �:t��v be _ � I�l l��L • yr� _ . . . ��itil4(. , • � �� : • 1)�[ • � /: :. : � «. ;_ �:1 � �� !+� �� _ .4 9, : �i M:?+�� • � �=.s «. : 1 1 :: � M��: C�� :. � � ' � M�� . Flora, Public Works Director, stated this is a request fo a variance to el 'nate the setback requirement for parking and hard s faced areas at 8010 and 8050 Rancher's Road. Mr. Flora stated the ode requires all �rkin and hard surfaced areas to be no closer than fi e feet f rom a side lot lin in order to reduce visual pollution and ,o separate adjacent parking a eas with landscaped aneas. Mr. Flora s ed the hardship identif ied by the petitioner is that there isn't suffici space to clrive a truck throu without this variance, and he wishes to pr ' de for a conunon driveway. Mr. Paschke stated h felt it would be mor appropriate to have a driveway through and eliminate e green strip in rder to provide better access. Mr. Flora stated staff's ling was ere should be a landscaping area in order to provide for a dis 'nct s aration of property ownerships. He stated it may be acceptable to r de a crnranon driveway up to the f ront of the buildings and then to begin e landscaping area proceeding to the back of the buildirx3s. Mr. Paschke stated it is d' ficult or a semi-truck to get in and out because there is only 25 f on each s'de of the landscaping strip. He stated he didn't feel th variance is n eded because they own both the properties and if ther was agreement be ween the owners f or a joint easement, a variance sh uldn't be needed. Mayor Nee questione why the five foot strip as shown on the original plans, if they ha t intended to provide it. Mr. schke stated this was a staggered develo t and if it had been presented a one developnent, this five foot strip ould never have been included. Councilman H ernik stated the loading space at the b ilding at 8010 University enue also requires additional space even if e garage door hadn't bee added to the building at 8050 University,Avenue. didn't feel anything se oould be done, but to follaw the reco�ranendation of e Appeals Commiss' n to apprave the variance. �lby Councilman Hamernik to concur with the recommendation of he �ls Commission and grant the variance request to eliminate t rement for a 5 foot setback fram property line for a parking or hard ce area at 8010 and 8050 Rancher's Road, with the stipulation that the -9- 5�2 5E. ��: )�, v��M��. • .�; ,'i� per easements be executed to accomplish the joint use of the driveway fa 'lity. Seconded by Co�cilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flor , Public Works Director, stated this variance is for the Western Station a Osborne and University. He stated the code requires all parking and hard s faced areas be no closer than 20 feet to any street right-of- way. He s ed the Western Station owners wish to put in a diesel pump and the fuel truc will be blocking the gasoline pump islands if the driveway can't be widen d; therefore, a variance is needed to reduce the setback f rom the required 20 eet to 10 feet. Mr. Flora stated ome landscaping would be lost in this area of the property, hawever, ere would be additional landscaping in other areas of the property and aro d the perimeter. Mr. Flora stated the A als Commission recommended approval of this variance with the stipula 'on that a landscape plan be submitted to staff and the petitioner work wi staff on the landscaping. Mr. Flora stated te City has today received a 1 dscaping plan, but hasn't had the opportunity to review it in detail. Mr. Jim Fuqua, Area Manager for Mr. Ingram was unable to be pre questions the Council may have Upper Midwest Kayo Oil Company, stated this evening and he would answer any �ning to this variance request. M�TION by Councilman Hamernik to co cur Ap�peals Coqrenission and grant the varia e setback for green area to 10 feet so th property at 7600 University Avenue with plan be sutxnitted and the petitioner work Secondec7 by Councilman Fitzpatrick. Upo Mayor Nee declared the motion carried unanimo U� ••, �� «.:�. ��.�� with the recommendation of the to reduce the required 20 foot driveway can be widened at the e stipulation that a landscape 'th staff on the landscaping. n voice vote, all voting aye, v. Mr. Flora, Public Works Director, stated these variances townhouse developanent on Hugo Street for wich a special approved t7y the Council earlier in this meeting. tain to the permit was He stated in order to construct the parking lot and garage on he R-1 property, three variances are requested as follows: (1) to redu e the requirec7 setback for a planting strip fram 15 to 5 feet on the side ya of -10- s � 0 ry 9 5�-2 SE. ��: 1�. K!��M1�. • .r , proper easements be executed to accomplish the joint use of the driv facility. Seconded by Councilman Barnette. Upon a voice vote, all vo aye, Mayor Nee declared the motion carried �animously. � Mr. Flora, Public Works Director, stated this variance 's for the Western Station at Osborne and University. He stated the requires all parking and hard surfaced areas be no closer than 20 feet any street right-of�- way. He stated the Western Station awners wish put in a diesel pump and the fuel truck will be blocking the gasoline p p islands if the driveway can't be widened; therefore, a variance is eded to reduce the setback fran the required 20 feet to 10 feet. Mr. Flora stated some landscaping uld be lost in this area of the property, however, there would be a itional landscaping in other areas of the property and arotmd the perim er. Mr. Flora stated the Appeal Commission recommended approval of this variance with the stipulati that a landscape plan be submitted to staff and the petitioner work w' staff on the landscaping. Mr. Flora stated te City has today received landscaping plan, but hasn't had the opportunity to review it in detai . Mr . Jim Ft�qua, Mr. Ingram was questions the � Manager for the Upper Midwest Kayo Oil Company, stated e to be present this evening and he would answer any 1 may have pertaining to this variance request. MOTION by ouncilman Hamernik to concur with the recommendation of the Appeals 'ssion and grant the variance to reduce the required 20 foot setbac for green area to 10 feet so the driveway can be widened at the pro ty at 7600 University Avenue with the stipulation that a landscape pl be stabmitted and the petitioner work with staff on the landscaping. conded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. �.9�+� .,•.� y.� u. ��l �� . y*� :• • : •.,�1� • � �� , • ia � .. �� .. �?+._• • � • : ?�1 L �� ls' �� i� �� !+.a� 1�� Mr. Flora, Public Works Director, stated these variances pertain to the townhouse development on Hugo Street for wich a special use permit was approved by the Council earlier in this meeting. He stated in order to construct the parking lot and garage on the R-1 property, three variances are requested as follows: (1) to reduce the requirec3 setback for a planting strip fro�n 15 to 5 feet on the side yard of -10- 5D. •�: ��, r w� ��. • .� , . ' ' � material as the townhouses; and (7) a townhouse �nded by Co�cilman Barnette. Upon a voice vote, declared the motion carried unanimously. convenant be signed. all voting aye, Mayor y�!u� �C��.v b._ _ � I�l �!+_ • y.! � • • —. �.� ��ti , • ► yL�. h: • /� � .. � «_ � ?l�. Z� 1� _ _ lu 1►►._ Y_ y• � �i .� �u�+� • � y=_. M, Mr. Flora, lic Works Director, stated this is a request for a variance to eliminate th setback requirement for parking and hard surfaced areas at 8010 and 80 Rancher's Road. Mr. Flora stated the code requires all parking and ha d surfaced areas to be no closer than five feet f rom a side lot line in or er to reduce visual pollution and to separate adjacent g3rking areas wi landscaped areas. Mr. Flora stated th hardship identif ied by the petitioner is that there isn't sufficient spa e to drive a truck through without this variance, and he wishes to provide or a com�non driveway. Mr. Paschke stated he f t it would be more appropriate to have a driveway through and eliminate the reen strip in order to provide better access. Mr. Flora stated staff's fee ing was there should be a landscaping area in order to provide for a disti ct separation of property ownerships. He stated it may be acceptable to rovide a co�non driveway up to the front of the buildings and then to begin e landscaping area proceeding to the back of the buildings. Mr. Paschke stated it is difficult for a semi-truck to get in and out because there is only 25 feet on each ide of the landscaping strip. He stated he didn't feel the variance is eeded because they own both the properties and if there was agreement tween the owners f or a joint easement, a variance shouldn't be needec3. Mayor Nee questioned why the five foot stri was shown on the original plans, if they hadn't intended to provide it. Mr Paschke stated this was a staggered develognent and if it had been presented s one developnent, this five foot strip would never have been included. Councilman Hamernik stated the loading space at the building at 8010 University Avenue also requires additional space even i the garage door hadn't been added to the building at 8050 University Avenue. He didn't feel anything else could be cbne, but to follaw the reco�¢nendation the Appeals Co9ranission to approve the variance. MOTION by Councilman Hamernik to concur with the recommendatio of Appeals Commission and grant the variance request to elimina e requirement for a 5 foot setback fram property line for a parking or surface area at 8010 and 8050 Rancher's Road, with the stipulation that -9- the the e s� ��. l�, v��l��. • c..r ,� • the property zoned 1�3; (2) to reduce the requirec] setback for a planting strip from 10 to 5 feet on the rear and side yards; and (3) to reduce the front yard setback from 35 to 25.6 feet on Lots 78 and 79, Block A, Riverview Heights, to allow R-1 zoning to be used for a parking lot and garage. Mr. Flora stated the hardship was because of the linear shape of the lots and parking had to be on one side. Mr. Flora stated the biggest concern was the traffic on the street and residents in the area expressed these concerns at the Appeals Commission meeting. He stated the Appeals Co�ranission did recommend approval of the variances with several stipulations. Mr. Flora stated the Appeals C�¢nission also recoa�miended Council consider no parking along the north side of the 400 block of Hugo in order to acco�nodate parking. Councilman Fitzpatrick stated Hugo Street is an exit onto East River Road and the street is very narraa. He stated he didn't knaw if the residents in the area thought that � parking on the north side of the street would take care of the proble�n. Mr. Frank Hegner, 450 Hugo Street, stated seven parking stalls an seven garages would be pravided in this tawnhouse c�mplex and f elt this wouldn't be sufficient. He felt you had to take into consideration that each unit may have two, three or four persons living in them and each may have a veh icle and that alone would create a shortage without even taking into consideraton visitor parking. He stated if parking was allawed on both sides of the street here wouldn't be rornn for esnergency vehicles to get through. Mr. Hegner stated the residents knaw samething will go in on this parcel, however, they felt it was too crawded with seven units and that it would be suitable for a four plex or two single family units. He felt the seven �it density was too high for this parcel of property. � Mr. Qureshi, City Manager, stated possibly a six unit would meet all the code requirements without requiring the variances. Mr. Hegner stated this was suggested to the petitioner, but he stated it would be this seven unit or else he would push for a ten �it. Co�mcilman Fitz�trick stated he would agree it is going to be crowded and there will be a p�rking probl�n. He stated it probably would be better to have six units, but felt with the unanimous recommendation of the Appeals Coqranission he was prepared to concur with their reco�anendations. MDTION by Councilmar► Fitzpatrick to concur with the recommendation of the Ap�eals Comnission and grant the variances to reduce the required setback -11- 7. ��:1�. 4��M1�. � .�'. �+ for a planting strip fram 15 feet to 5 feet on the side yard of the property zoned R-3 (multiple dwelling), and to reduce the required setback for a planting strip from 10 feet to 5 feet on the rear and side yarc7s, and reduce the front yard setback fram 35 feet to 25.6 feet on Lots 78 and 79, Block A, Riverview Heights, to allaw 1�1 Zoning (or� family dwellings) to be used for a parking lot and garage in conjunction with the seven unit multiple 'siwellings at 441 Hugo Street N. E., with the following stipulations: (1) the tmits be constructed of a townhouse design; (2) a drainage plan be approved by the City's F�gineering Depart�nent; (3) an approved landscaping plan; (4) a 17 1/2 foot easement along East River Road; and (5) a f ire wall along the east side of the garages. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, asked if the Council was prepared to act on the reco�anendation of the Appeals Co�nission for rio parking on Hugo Street. Mayor Nee asked if they could reduce the setback to provide additional p�rking in the front. Mr. Qureshi stated the setback is 35 feet and the roadway is 26 feet. He stated if there is a concern, the owner should probably provide an additional 12 feet easement to the north which would then provide for a 23 foot setback. He felt the road should then be improved fram the driveway to East River Road. MOTION by Councilman Fitzpatrick to amend the above motion to add a stipulation that a 12 foot easement be provided in the f ront of this property and the property awner pay for the cost of the roadway extension fram the driveway to East River Road. Seconded by Councilman Barnette. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LTPON A VOICE VOTE TAii�NN ON �IE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. TION by Councilman Barnette to table this item to the next regular mee ' g. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Ma Nee declared the motion carried unanimously. �;_` __• •: «.i, Mr. Flora, Public Works Di or, stated this is the sign plan for the proposed T. R. McCoy Restaurant. stated, at this time, the City has not received a request for a pylon sign, bu e code does provide that there could be two pylon signs for this proper He stated this sign plan strictly addresses the two foot lic�tec3 panel si . MOTION by Councilman Hamernik to approve the sign p f or 7820-88 University Avenue N.E. Seconded by Councilman Barnette. Upon a 'ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. -12- �� 1. 2. 3. 4. 5. 6. 441 Hugo St. S�IPSJ��IT�ONS W/ VARIA�VCES TflE UNITS BE CONSTRUCTED OF A TOWNNOUSE DESIGN A DRAINAGE PLRN 9E APPROVED BY TXE CITY'S ENGINEERSNG DEPT. AN APPRiDVED L�WDSCAPING PIJW A 17;j FT. EASEI�IENT ALQVG EAST RIVER I�AD A FIRE WALL ALONG TXE EAST SIDE OF THE GARAGES YARIANCES CONTINGENT QN THE APPROVAL OF THE SPECZAL USE PERMIT BY TNE PLANNING CD!!PlISSIDN �� F'� '� �t' �r�� p �-� ,�_ w ,,•��•� ,,�, ��. 5 r�� 0 � � � � � .� �l � +� � -� �p � �� i I �_A V ` . I � � ^► � � , 7 � 0 . —, ,,,� ,_ .. _n. . -. ..,. :.:.� : :. ._ 441 Hugo 5 LL . � _� . � _ 1 � ' _ � �' . ,� .: , 1.-. - �� . �s e `, � ' � `i \ 1 • A � � �� 1`� , 1 � � 1 � � ' ;,� 1 . / � . � � � / � � � ,/� _� i � • � � ' ��s' � � ,� . ,, � ��y P . �� , ; � � � � , �� _�..� w � ; i . • � � L , • � � � ' ---�� . 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I��LI� qu�st by MGGK Pro Lake, Mn. 55303 TO GHAPTER 20 � 11 • n�• NYtR�T�.Iw .�w Y CIV�UIY 1 l 1•lUL I ertles, Inc., � IDLEY CITY CODE I' � rI�RT � TA � R� r�� I� s�• venue N.E., MOF.�'pN BY MS. GEROU� ,�ECONDED. BY.1�2. BARNA� TO OPEN THE PUBLIC HEARING. UP01U A vOICE VOTE � ALL VOTING AYE � CHAIRPERSOIIT GABEL DECT�IRED TAE PUBLIC HEARING OPE1V AT 7:48 P.M. Chairperson Gabel read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 441 Hugo Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.09.7.D6, requires a minimum fifteen foot wide screening strip to provide for a physical separation between multiple dwelling district an�l any other residentia7 district. Public purpose served by this requirement is to provide open areas adjacent to lot lines and to separate parking with landscaped areas. Section 205.09.3D.1 requires a front yard setback of not less than 35 feet for all structures. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the bui7ding "line of sight" encroach- ment into the neighbor's front yard. B. STATED HARDSHIP: "Hardship is because of linear shape of lots; parking must be on one side because of this." C, ADMINISTRATIVE STAFF REVIEW: This project consists of a seven-unit townhouse on land zoned R-3, and adjoining parking on land zoned R-3 (approximately 20 feet) and 7and zoned R-7 (approximately 50 feet). In conjunction with this application, a special use permit has been applied for to place parking for the town- houses on the fifty-foot R=1 portion of the site. APPEALS CO(HMISSION'MEETING, JULY 10, 1984 PAGE 5 Between the westerly portion of the parking lot zoned R-3 and adjacent R-2 zone, a fifteen foot buffer is required; five feet is provided. Between the easterly portion of the parking lot zoned R-1 and the adja- cent R-1 zone, a ten foot buffer is required, as per special use permit requirements; five feet is provided. An additional variance in the placeroent of a garage which encroaches 9.4 feet in�o the required front yard. Mr. Clark stated the Commission has had other variance requests on this same property. The most recent request was in 19i9 for an extension of a 1978 variance very simi7ar to tfiis variance.. Since more than a year has past since the last extension, it becanae null and void. �There is now a different petitioner with a different p7an, but the same property. Mr. Clark stated the propertyi� located in the northeast quadrant of Eas� River Road and Hugo St. A17 but the easterly 50 �t, is zoned R-3...That is where the 7-unit multiple dwelling and a small amount of parking will go. The two 25 ft. lots adjacent and east are going to be considered for a special use permit for the garage to be used with the multip7e dwelling. The property to the east on Hugo is single farnily dwellings. The propert� to the north on Ironton has a multiple dwelling and adjacent to that is a four-unit bui7ding which would lie directly north of th�s proposed dwelling. While the properties are zo�ed R-2, they are being used as R�3 properties because when they were constructed, they were allowed to build R-3 complexes �n R-2 zoning wit� dif�erent densities. Mr. Clark stated the approval of the variances in 1975 was for a 10-unit bui7ding, so this proposal is for a su6stantially smaller bui7ding as far as the number of units. It is proposed to be°built in a townhouse design. The petitioner at some time may plat this into townhouses. Mr. Clark st�ted that if the Commission approves this request, he would recommend the following stipulations: 1. A drainage p7an be submitted to the Engineering Dept. 2. A.landscaping plan be submitted for review. 3. In 1978 and 1979 the petitioner was asked to grant a 172 ft, easement along East River Road for possible widening. Ms. Gabel asked the petitioner, Mr. Chouinard, to explain his proposal. Mr. Chouinard stated the proposal was to put a 7-unit building on the lot. To make everything fit, they have to put some garages closer to the lot line than what the code allows. They are asking for a reduction of the green areas from 15 ft, to 5 ft, on the side yard on the property zoned R-3 and from 10 ft, to 5 ft. on the rear and side yards on the R-1 portion. Ms. Gabel asked if the petitioner planned to sell the units or rent them. Mr. Chouinard stated it would depend on the economics. They would like to build with the possibility of selling the units in the future. At first, these wi71 be rental units. � APPEALS COMfNISSION �IEETING; Jl1Ll' 10, 1984 ' PAGE 6 Ms. Gabel asked if anyone in the audience wanted to make any comments regarding these variance requests. Mr. Leonard Dailey, 8191 East River Road, stated he owned the 5-unit apartment bui�lding facing East River Road. He stated he was not opposed to the construc- tion o�P a 7Runit dwelling. His concern was regarding the drainage so the water run�off was adequately handled. Mr. Frank Hegner, 450 Hugo $t., stated he lived right across the street from this property. He stated he felt the biggest problem was parking. Most families will have two cars and not everyone-.is going to put one car in the garage and one in the stall. Even if they did, that is sti71 14 cars. When friends come over, the,y are going to be parking on both sides of Hugo. When that happens, there will be no room for emergency vehic�es to come through. He also did not �►ant people parking in front of his house. There would also not be any room for Snowmobiles, campers, boats, etc., that people always own. Mr. Hegner stated another concern was where the children are going to play. The children are probably going to go out into the street. Nlr. Hegner stated he was not complaining about putting something on that property. He felt something should be built there, but the idea of trying to squeeze a 10- unit, then an 8-unit, and now a 7-unit bui1ding onto that property was what the neighborhood was upset about. He would be in favor of a smaller complex. Mr. Hegner stated they are taxpayers and they want to keep this area nice. If a�ui7ding like this is put up, and it is not taken care of, it is going to bring down all the property values in their area. Mr. Guy Lundsten, 389 Hugo St., stated he was located east of the property. He s tated that the garages would be about 13 ft, from his house. If it catches fire, his house would be gone. He stated he works for the Fridley Fire Dept., and he can speak for what Mr. Hegner stated about the emergency vehicles not being able to get through with parking on both sides of Hugo. There are ti�s when they have come down that road and had to back out because they could not get through, and tha�t was with just the regular homeowners. He would agree that a smaller complex, such as a 4-plex, wou7d be better and would be beneficia7 to the neigh6orhood. Mr, Gary Claggett, 440 Hugo St., stated he was against this proposal. because there is too much traffic now from the cars of people already living here and their visitors. He was also-concerned about where the chi7dren would p]ay besides in the street. Ms. Camilla Schultz, 37] Hugo St., stated Hugo Street is very narrow. If someone is parked on the opposite side of a driveway, it is very difficult to pull out. When two cars are parked on either side, it is very difficult to squeeze through. It was just not feasible to ha�e any more traffic going down Hugo St. Ms. Gabel as6ced Mr. Clark what the street width was for Hugo. Mr. Clark stated it was a 26 ft, wide street. C APPEALS COMNIISSION INEETING, JUCY 10, 1984 PAGE 7 Mr. Allen l�attson stated he was a partner in MCCK Properties, Inc. He stated they do not need any variances to build a 7-unit apartment building. They are trying to help the neighborhood by building a 7-unit townhouse type building where there will be homeowners. If they build an apartment building, it will be renters with the same amount of people, cars, and chi7dren. Mr. Leonard Dailey stated his picture window looks out onto this property, and he would much rather see a 7-unit townhouse building put up whfich will be individually owned than an apartment building. He stated he owns a 5-unit apartment building, and he knows what it is like to try to control renters, and it is not easy. As far as parking, even though he has adequate parking in front of his building, people still park over on Ironton St. Ms. Gabe7 stated she thought this was true. They can have a litt7e more controlled parking with a 7-unit townhouse dwelling like what Zs being proposed and still have parking in the street, or they can have some type of apartment bui7ding with no garages and just the required amount of parking required by city code, and there would still be parking in the street. That was a reallty the neighbor- hood would have to deal with. Ms. Gabel stated she felt that if Hugo S�, is only 26 ft, wide and if there are problems with emergency vehicles going down this street, then there probably needs to be a"no parking" ban on one side of the street, and the City Council should take a look at this. Mr. Mitchell Cook, 420 Hugo St., stated that if they could get "no parking" on the north side of Hugo, that would make a lot of sense. He stated something else to take into consideration is that Hugo is the access to East River Road from Ruth Circle and the neighborhood behind it. He stated he was not concerned about the apartment building, but they want it to be a nice building, and they really do not want to see that amount of people in that area. Their main concern is the heavy traffic already on the street. There is a park 12 blocks away, and the children have to walk in the street to get to the park, creating a dangerous situation to the children with even more cars on the street. Mr. Barna agreed that Hugo St. was a very narrow street, but he did not think the 7 additional units would really generate that much of a problem if the parking could be stopped on the north side of the street. Mr. Barna asked the property owners most directly affected by this development if they definitely objected to this development or if they did not object to this development but would like to see certain things changed. Mr. Hegner asked if they could have a 10-minute break to talk it over and come to a decision. Chairperson Gabel declared a 10-minute recess. Ms. ��b�l asked if the homeowners had come to a decision. Mr. Frank Hegner stated that as it stands right now, they would vote against this development. They would like to see the development reduced from 7 units APPEALS CO�MISSION MEETING, JUCY 10, 1984 PAGE 8 to 6 townhouse units, and the garages adjacent to PAr. Lundsten, 389 Hugo St., be increased from the 5 ft. back to the 10 ft. �r. Plemel suggested that a stipul.ation could be to have a fire wall in the garages along the property line. Mr. Allen M�ttson stated he cou]d understand the neighbor's point of view for wanting 6 units. He stated he also hoped the neighbors could understand the petitioners' point of view,and that with the economics, they have to go with a 7-unit apartment building or a 7-unit townhouse building. It was not feasible for them to go with a 6-unit building. He stated he fe]t they were trying to do the best thing for the City of Fridley and for the people in this area. One homeowner stated he did not big and ugly. The neighborhood they can be sold to individu�l want a 7-unit apartment building because it is would be much better off with to�mhouses where owners. MOTION BY MR. BARNA� SECONDED BY MR. PLEMEL� TO CLOSE THE PUBLIC HEARING. � UPON A VOICE VOTE� ALL.VOTING AYE� CHAIRPERSOIV GABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:.Z0 P.M. Mr. Plemel stated he felt a lot of the objections expressed by the neighbors were valid, but he felt the same conditions �►oulrl exist whether it was a townhouse- type building or an apartment building. He stated it appeared that the developers �rere trying to do a good job. He would be in favor of the variances with the added stipulation that a fire wall be put in the back of the garages. Ms. Gerou stated that as long as the petitioners can build, whether it was a 7- unit apartment building or a 7-unit townhouse building, she would rather see the townhouse building for the benefit of the neighborhood. She would be in favor of the variances with the following stipulations: 1, drainage plan 2. landscaping plan 3. 172 ft, easement along East River 4, fire wall in back wall of garages 5. "no parking" ban on north side of 6. approval of special use permit by Road Hugo St. Planning Commission Mr. Barna stated that he lives in this area and he looks at this property every day. Knowing defini�ely that townhouses, especia7ly the way they are being built �oday, look much better than apartment buildings, he would rather see the townhouses. He realized that economics would not allow six units. In the past, the Commission reluctant7y went along with 10 units on this property. He stated that even though there is neighborhood opposition, he would vote in favor of the variances because he felt this was the best development for the neighborhood. 6 APPEALS CONIMISSION MEETING, JULY 10, 1984 PAGE 9 Mr. Betzold stated the neighbors have raised some va7id objections. He thought they were at a particular point where that property is going to remain zoned as it is. The peti�ioners are determined to develop the property; and if the variances are denied, they are prepared to go ahead with some plans that may not be in the best interest of the neighborhood. He would hope that the developers would continue to work with the neighbors, even though that was not required. He saw no alternative at this point but to approve the variances, and he would support the stipula�i��ns mentioned. Ms. Gabel stated she was not real comfortab7e with this either. She remembered when different proposals have come before them for this property, and this was by far the best proposal. SFie stated.�hhere was no doubt in her mind that this piece of land was going to be deve7oped. She felt the Commission was in the position to add some stipulations and some controls to these variances. Under those circumstances, she would be in favor of approving the variances. MO�'ION BY MR. BETZOLD� 5ECONDED BY Nllt. BARNA� TO RECOMMEND TO CITY COi7LITCIL APPROVAL OF REgUE5T FOR VARIANCES PURSUANT 2'O CHAP2'ER : 2�.� pF.;' i°�� FRI.DI�I' CITY CODE TO REDUCE THE REQUIRED 5E2'BACK FOR A PLANTING 5TRIP FRO,N�f 15 FEET TO 5 F'b'ET ON TI3E 5IDE YARD ON THE PROPERTY ZONED R-3 (MULTIPLE DWELI�INGS)� AND TO REDUCE TIiE REQUIRED SETBACIC FOR A PLANTING STRIP FROM 10 FEET TO 5 FEET ON THE REAR ,�Nn SIDE YARDS� AND REDUCE THE:FRONT YARD SETBACK FROM 35 FEET TO 25.6 FEET ON �TS 78 AND 79 � BLOCK A� RIVERVIEW FIEIGHS°S� TO ALLOW R-1 Z0111ING (ONE FAMILY Dfa�LL.I111GS) Z'O BE U5ED FOR A PARKING LOT AND GARAGE IN CONJUNCTION WITH A 5EVE1V- UNIT MULTIPLE DWELLING AT 44l XUGO STREET N.E.� WITH THE FOLLOWING STIPULATIOIV5: Z. THE UNITS BE CONS2"RUCTED OF A TOWNHOUSE DESIGN 2. A DRAINAGE PLAN BE APPROVED BY TSE CITY$S ENGINEERING DEPT. 3. AN APP.ROVED I�ANDSCAPING PLAN 4. A I7� FT. EASEMENT ALONG EAST RIVER ROAD ' 5. A FIRE WALL AL01VG THE EA5T 5IDE OF TIiE GARAGES 6. VARIANCES C0111TTNGENT ON THE APPROVAL OF TFIE SPECIAL USE PERA?IT BY THE PLANNIATG COMMISSION UPON A VOICE VOTE� ALL VOTIIVG AYE� CHAIRPERSON GABEL DECL�FtED THE MOTION CARRIED UNANIMOU5LY. MOTION BY MR. BETZOLD� SECONDED BY MS. GEROU� TO RECOMMEND TO CITY COUNCIL TEAT THEY CON52DER A"NO PARKING" REQUIREMENT ALONG THE NORTH SIDE OF THE 400 BLOCK OF SUGO STREET IN ORDER TO ACCOMMODATE PARKING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated the special use permit would be heard by the Planning Commission on,July 18, and then both the variances and the special use permit would go before the City�Council on August 6. ro� � , E� � ' 1` �55a - ', w 1 ,� ;i� • � _ � S ��:•. ` r� , �� -'�j`� � j0�" e 5 � �' � � �� , .� �_ �3 » ' g��I 9 - ,,,:� � ¢.� y � �- ~ �-� � �� -�r i.� . � o g2' , 5-�� .�3°° L �� s ,, �. s ' '. gi�� 1�� • 3 �'" o ' ,� 1'""� - �� /0 9 s �,i3 �Z � ,.oE �? 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