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AF-SP - 46531� �� ' � :, � ��' � �,� ,. �_ .,�. F ,� d ; � y � � � �r nesa. ,� /�p._ �, �� Y� �' t �/ ('.f � srF`q- q M1 � �J' ! ,� a ' � �J, usi:tlw&��" r�� i�%� ' �� M � � . �.�: ��F� � .r��.. ,T �s� 'Py, r_. �� .�4' ;��';� � �� 0�� ;�� 6`131 ltFllllE�iii''( �.1lEFlUL FJ.E., FRIDLEY, P�qIRiN�SQ�YA 5E�32 i�L�P'6�CJWC ( E92)51'1-3�►:�i� April 18, 1978 � ` �'� John Doyl e �,�=� 6305 East River Road N.E. F"� Fridle , Mn 55432 r Y n Dear Mr. Doyi�, GITY COUNCIL ACTIQN TAKEN NOTICE . � Re: Special Use Permit SP #78-04 and variance for 441 Flugc� Stre�t N.E. On April li' 1978 , the Fridley City Council officially appro�ed your request for a special use �ermit and vari�nce with ihe stipulations iisted below. � Please review the noted stipula�ions, sign the statement belc��r, anci return one copy tc i:he City of Fridley. � If you hav� any u,ues�ions regardirrg the above action, pleas� ca12 the Cornmunity Deuelc��e!�t Office at 571-3450. Si . rely, r � R i_o �. c�a, �� r� CITY l�LAPaPdER JLB/de St��.�lations: 1. �Jor� with the Engineering Department for suitable drainage plan 2, Solid screening face along nor��h & eas� property lines 3. �7 1/2 f't. street easemen� along East River Road �� d;�; , [y�s.✓� R.^�_ /�, 4 ! �. / f�� • �� V� " _a� �� , 0 Goncur with action �ak�r�� .- , ' :7'.�F��i�!;!x.:at� � ?dt<°� . 0 ��"m�� 3 .' • C��'Y � ��IL�� '�'�i-:-�•� t' 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 66432 7ELEPHONE ( 612)571-3450 ' M�y i, 1979 CI7Y COUfdCIL ACTION TAKEN NflTICE John Doyle 6305 East River Road Fridley, Mn 55432 On Apri 1 23, 1979 , 1;i;� Fri dl ey Ci ty, Counci 1 c�'�iciaily app�°oved yu�;i° r�equest -For ex ension of time on var�ance for 441 Hugo �r ;�tf� the sti pul ati ons 1 i sted bel ow. � P1 ease revi ew thF r�oi:ed sti pul a�i ans, si c�n �1:t-�e s tatement bel ovr, a:��! retui°n one copy tu �h� C�� :y oi� Fri d1 ey. If y0U have c'.rV Cjl1��f�Ot'!S regar�ing the ��::'Ve� ryC.tiGl't' pleast� ra�? the Comr�tuni�`y Dev:.�i:;p��ni; �i ;�ic� at 571-3450. JLG/de S-tiuitla�iens: None S. `y ER�Q�_G L. `t1ARi�t�IHPJ - CITY NL�;NNER . eoncur t�ri t�� acti on ta ken . � 0 � b' S. J. CONSTRUCTION, INC. 6305 . Ea.st River Roa.d. Fridley, MN 55�3z City of Fridley Planning & Zoning Dept. �431 University Ave. N. E. Fridley, r�t 55�32 � Sirss Maxch 4, 1979 Property Q 4�1 HUGO STREET It 3s approaching one year since approval of my request for special use permit and varia.nce of the lot setback at 4�1 Hugo St. As you may be aware, financing haAs been a problem, therefore we have not yet sought a perm3t or commenced construction. However, it looks as if tha •financing may be in the o£fering, therefore� I respectfully request a one year extension on the variance and specia.l use permit which ha.ve been granted. If you have any a.d.ditiona.l quesiions, please do not hesitate to ca.11 me at 560-2970. JRD f ems Sincere�y, , �v� � John R. Doyle President c ��' ,.: t . ;; .� -<« w;z� ,,,. � ,, �t� � �� _ - - m � � •M/� � . . . . � . . � . . . + .. 4 ��AF'QC � �a�,s co�szox r�rir� - �x 27, l - �� . 4 F �� .. ,.� . , .. .�: � . �r �� . .. " . . - .. . . . � � � . • . � _ j4�k ciAT+x+ i'ci Q�' , . HI�� . �.� ._ �.� �� s�� . s_�; C�airwomoa. Sc�abel cal.ted; �e M�s�ch 2'Ts l�l9s meetixtg of tha Ap�a].s 4�i:�si�t ,. _, ,, J��' . .� to_order at 7t30 P.M. - l : `_ � ��; . � RtiLT, GALLs - � �� . � �. , � � � - � � ; a Mambers Present: i�. Sc�bel, Mr. K�r, Mr. Berna, l�s. t3abel, M�. Pl�mel .; ��; t : ;��`� � � . � � . .. . . � � �. . - . - � � . . . � ��„ . ;�. . . . i:Jii4lVeXS J'Y��B�i�:Yi i,��ir �.. . . . . � �. �. .. . . . . . � . ., . . . . �: ; rr,�^"`�.. . . . .. ' � - . . . �t Othcrs Presents Clyde Mora�vetz, Engin�ering Dept. .,,� �� ;�- , �: ;' � 4� 1.. APPROVE APP'EALS COMM�SSItix MiN€Tl.'�S: MA�tC�i 13, "' 19'�9: � .r .�� _� AlDT�ON 'by Ms. Gabe1, ! eeccm�ed by Mr. &traa, ta aprprove the M��eh 1.3� Y9i9s �nur�ts �"� s��` �, � APpe�al� Co�miesiou. _ � �" ` _ . � �� EJPt1N A V4�CE VOTE, A%.L Vt�IA�G AYE, CEAIRWQ�fiAN SCHNABLL DECLAi� T� �IO�t CA�� . �� USLY. _ � ` �:��, 2. ST FOR AN E�C'.t'ENSiOI+t OF TIME ON A YARIANCE APi�ftOVED A1�3tII+ 17 1 '� ��y y;� � ;� ��;` . TI� CONSTitU�TION OF A MULTIPLE DRJEI :I� AT �+41_I#�0 S� N.E. Pll��iA�"'�ti C� 205 OF � F'!'�IDLEY CODE, IF CONSTRUCTIdN I3 1�3T C4 13 • :: �,� , YEAIi ETF THE GRAla1TTNG OF A VARIANCE �HE PE'1'I',PIONER MUST Ak�"PL3� F4R .Ai+��ENS.�Oi� -'� i ~ � �3, ohn �'. D��t e,- =; �'�; 2l� DAYS BEFORE THE END OF A ONE YEAR PERIOD. R� tust by ,,,- ; 6345 �et River Road N.E. � Fridleyt Mn. ��32� • �' �` � ; - ,: , � N�T�ON by Mr. R].e�el, aeaaiSed by Mr. Kemper� to og+�n the pub3.ie hee�ring. �� ; - , UPON A VOICE VOTE, ALL Vt3TI1WG AYE� CiiAII�10MAN SCFINAB�L DECI.AI=�D T� PUB��C �� h°�`� OFEN AT �.35 P.M. . . � �r � . . ,. ' . . . . � . . . . . .. . �. . .. . � � .. : . '' k y.�i[ N)s. S'ehnsbal read the Admiaistrative Staff Report ats fW.a.c�; `�� _ _ �� - � �� , ADNIINI�TRA7IVE STAFF REPQRT :: �� :: �A . . . � � ' � 441 Hugo Street N.E. ' $� `� � .`�� : � A. pU�LIC PUi�P4lSE 'SERVED QY REQUIR�+IENT: , :� �� : ard �et k �tf � �� 5ect�on 205.073, 4, A, requ�r�ng a min�mum front y t� �� 3� feet in a multiple dwelling zoning distr��t. �� ;� ., �,: �.�� .� _ � `� r �ubT�c p�rpose served 'by� r�quir��i �s to ali+�c fQr o�-�� > �� V � � par^kan� without �aGroachir��q on the �u��ic ri�ht� t�f �r. .<` �� .,� .. ��-�� . t#�e ,aESthet�c - c�s�dera,t�.ar� t� �ed�ce: th�. ��f�� ld�r��,-� ,��< �`�� r :, ., �� .� :�.� �(t;" � � � < '' �' � crosct�e�t � �� t�iE �rr�.��bor's fro�� ar� �. � � � y �� , � '" `� �`'�..:.s.,; � .�� r i ; ' ,. � "`� �,�'�,.�,� � �*� � � ��-� � } , � *� � " . . _ � ', : s " k„{� " � s+" � �°s�.� �' � � �� - ,, r � � ,,,_ � '�.�+�� ,* t . - ,�: �, � . _ - t�„�>§.'��"�.:;�'...r��+rd��. � _; � , . . . . .. . �;�• -�-;wF 4 «,,' -...v:. � . . - ._ _ _ . �--- ._ .. _ . �..... ..__-.- aP�A�s cor�ssao�v r��z�G� t�cr� z7 i979 - ��'�� 2 . , � .. . _. 6. STATED NARDSNIP: � Thi� setbacl; will conform to the setback of adjoining durellings on same--side o-F street. If building v�lere moved 3 feet to the rear, it v�ould make access to garages more difficult, and would put the buiTding out of alignr�eni: with adjoining buildings. C. ADMIP�ISTRATIVE STAFF RCVIEI�I: The verifying survey for 389 Hugo shows a 32.5 ft. front yard setback. ?he verifying survey for 369 Hugo shovrs 30.8 ft. front yard setback. Other iiouses in the area ap�ear to have similar setbacks. The petiitioner's building will be a mull;iple dwe1ling with tuck undey^ parking in the rear of the ur�it. Vision at the intersection is not abstructed by the building o►° parkinq. Total lot coverage equals 18.8%.� The petii:ionet^ has applied for a S�ecial Use Permit to al l ow off-street par{ci ng on -L-he tvro ad j�acent R-1 1 ots to the east of '�he p�°oposed mul ti pl e dvael 1 i ng. � ° Ms. 5ciznab�l �u.;ges��d ��y xeceive tdae letter grom Nlr. Do3�le. 2�i0Ti0N by M�. Gabei, 6�canded by P9r. ��' to receive �he le�i�ear Y"rom I�r. John i.�D�yele, d�ated M.�rch �4, 1g79- UPO1V A VO�CE VdT'E9 ALL VO'�Z1V`G !-�YYE, CIi,eil�i�JOMAId SCFiN1�B�L T��CLAR��'D THE NldT20N CAr�RIED UN.A1VINi0USLY . Ms. Sclv��ie�. stated 'that accor�in� �s� th� l�ict��°� �h� �ea�on io� re�,u�stir�� e�'c�n�io�. �s beesus� o� ii��nci�?1 probl�ms in obtair�ing �'inaa�cirag. I�. Dc►yle �t�ic�d that up to this pc�in�t' obteainin, f in�neix�� ae � probl�, but i� lao�c�d i�t wou7.d b� cse�.i.ng in �he fut��:. I+�. �ciin�bel �a�k�d �a�r he f�lt it wovld b� r�vail�blc n�w. r2r. Dc�y��e statr;d -�ha�t tlaere �rere soa� �inancin� progra,�s thst h� had been �ror}�ing on �or th�ee o� foux we�ks tl�at mmk� �h� financin� loo?� pos�ible. ' � Ms. Sclan�b�l sta�ed �Chat whi].e �he Cow�i.ssion responsibili�ty with regax°ds �o this requ��t w�s a�ot neees�arily to debate �be pros and cons of the seicback, they could review �the originQ7. plans if �hey ��n'ted �o. The m�in question �ras whether ar not th�y w�anted to gr�ant the extension. Mr. Kemper eak�d i� they had the minutes �'or th� discussion of last year. Nlr. Bern� �t�tecl th�t, t�ie a�in point in the g�revious discussion was th�t the aoi�oining haus�� o tYae east �rere se�back further� which brought his lineup 3n�o �he rest of the ].ineup in the str�et. Mr. Pler�el �sked ho�r many units there would be. hir. Doyle ststed there would be 1Q ixui�s, th�y would erater off Hu�o and go into the g�r�g�s from th� back side. -� , � APl'EA�S CON��iS�I�N MEETING, M�RC� 27' �979 PAGE 3 . f ��y The C��ais�ion�re review�d t�ie plans and pictwres of the propoaed s�ructure, P�. K��er �,sk�d iP there ll:�ad b�ea any oppositi�n when the vari�nce was girst r�quest�d a yer�r ��o. A'!�. Scbn�ab�7. �tatcd thes� P�°. Kerr�aer had m�de the me�ian to sppxove, PRr. Barna had seeond�d it, and th� mot3on was carried una�ai�a�aly. Mr. B�rn.�, st€a�ed tha.�t he thou�ht it �a�� , very nice Zookin� buildin�. Ms. G�be1 ask�d. i�' they �rere th� same pl�?ns �From o�ae year ago. Mr. Doyl� s�tated they w�re. I�. Ple�e1 no�ed tl�t the Speci�l. Uae Pex°nii-� did n�t pextsin to tYae Appeals Co�i.ssion9 but a�ked if they were �llor�rrin� p�,rking in side ya�r3s. Aqr. Doyle st�ated tha�C was Por the ext�°a� eehicles. MY°. Doyle not�:d th�t we� shown o�. Page 1 of '�he plaas. I�r. Ke�nper �ask�cl if it �rae �n appropri�te ae�ion ior �he A�peals Co�issi�n to �r�nt an exter�si�n. Ms. Schazabel strxt�d it �aas �nd �'ead the �'vllowing: �dh�a�ver within �n� yeax� �it�r gx°�,n�in� 'ch�_ v�ri�nee,� the r�cipient o� iche v�rianc� sh�Z]. no� l�ve eom�Zet�d 'che �rerk �.s permi v-�ed by �he v��i�nce, then svch v�,ri€a..nce �hall b�c�� null and void9 uraless � P��i•�ic�a for ext�nsion of tit�� in ��hich to coffiplete tY�e wark hms been grt�nted by �the Bo�r�d o�° Appesls. `� I�fr. P�effi�l sta�ed °Ehat h�d do�e it in �he p�st. I�. B��°na a�kcd. Nr. Doyle iF the i�ma�nci�1 situ�ti�n he �a6 going threu�h would c�use ��r �jor chan�es in the s�ructure. Mr. Doyie staf��d. he diel not foresee any ch�ges �t �he ffio��n�. Ms. Schnabel stated tl�� i�' the ext�nsi�n t�ae gr�nte�9 the variauce requ�s� previously made zaould s�il]L bold' in otbcr �rords' he coutdnet �o ar�y �res,ter than the vari�nce �11o�e�. Mr. Doyle st�t�a1 he un.ders�toocl �h�t. l�c. Plemel askcd. what "RTO-CALLE" �neant. A'!r. Dcryle stated that mesnt "River Ro�d" i.n Spanish. b40TI0N by Nir. Plemel� s�conded by Mr. Berna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRG10I�iAN SCHNABEL DECLARED THE PIIBLTC HEAi�I1V`G CLOSED AT 7:�+5 P.M. . � APP'EA�LS CONIMIS�TON P�TING 2�lARCH 27 i9 9 - PAGE 4 � � , ,- ,►' ! �' �,, . 1�. B�xma s��t�� l�e i�act no. ob jeation, ,�n� �`�lt 3�t �r�e � aice' loaki:ng structvre � � �nd sao�a].d be a nice �dditien. � _ :Mr. Pi�me]. etat�d h� had no ob�ectian eitiaer. , . P�TI4N by Mr. Barna� , seconc��d by l�r. Kemper, .�o re�oamaend to CQUn�cil a�prw�l of - the reques� for-�n extension of ti�e ,on a v�ri�nce �ppraved Aprt]: 17, 1978 to reduce the facont �raxd setback �ram th� requ.�.recl 35 �e�t to :32 fe�t, to al�.ort� the conatruction o� a nau].�i.ple dr�elling at �+1 Hugo S�treet N.E. pursu�nt, to Chapter 205 oY �he Fridley City C�e. If co�astruction is not coa�pleted �rithin one year of the �x�an�ing of a n�rian�e, the p�t3.�ioaier muet agp]y for +�n ext�nsion 20 daya before the end o£ a one ye�r perit�l. EiPQIV A.Vd�CL V(�TE, ALL V4'�Il�TGG AYE� . CHAIl�WON�AN SCHIVABEL DECLARID Ti� A+�TON CAR�tSID . U�tA1VZM0USLY. � � . � 3. OTx�R ,BUSINESS: : Ms. �c'hnra'b�l a�c�t�d th�re would be a speeial me�tiag on Nla��ls 28, 197g �nd the Cs�issioners w�e ine�3ted to at��nd. Nis, SeP�b�1 s�ated �h�t IMs.- G�bel � Mr. B�x°na bad been rea�pgw3.nted for �other �th�°ee year _tePm to th� Boag°�d o�' ApP��ls. Ms. Scha�abel �x�end�d, her c�iagr�tula��.ons ` along with the other Cotm�ission�re .�o Ms. Gs'bel and M�r. Ba�na. P�TION by'Mr. Fl�el, sea�ndcEi by P+�r. Baxn�9 t� ad�ourn the A�rch 27, 1979s �� -� �pjp�als com�.%ssion. : i7P(}N � VOZCE VC3TE9 AI�L VOTING AYEp CAAI�U+tOR�APT $CffiVABEI, DECLARED ^1F� :R�I1�G ADJOLiRNEii AT $.(H3 F.M. . r . Respe�tfuZ3y submi�ted� ' � , �� _�'/��'t�.. ��^5��1 on ��oroZ �l cre�� . �Y a � rY - `'I - i- � �� . _ .,�::�., __ _ . _. ., _ ...... _ _., - � , i . .�.�. �..�_.� �� a�, �9�7� •�p Section 205•1,38,5, to allow a garbage receptacle {dumpsterg � in the •front rather than the r�ar or side yards; and Section 20S•075,2,A, to reduce the required nurriber of pa.rking stalls froi� 10•5 s�alls to 8 stalls; to allow continued par!<ing and dumpste�^ location in front yard on L�ts 1, 2� 3, Block 2, City View Addition, the same L��ing 251 57i:h Place NE� Fridley, MN, with the stipulation that curbing be installed, the parf�ing lot be hard surf�ced, and the proper screening of the dumpster area• UPON A VOICE V4TE� all voting aye, the motion carried unanimously• 3• REQUEST FOR VARIAP�CE OF THE FRIDLEY �STY CODE� SECTION 205 • �?3, 4, �1, TO P,EDLICE THE FROfeT Yt�PT1 SET661CK F�COf� THE 35 FEET TO 32 FEET, TG ,�LL�!il THE COPJSTPUCTION OF A t'IUL DWELLIPdG OPJ LOTS 80, �1,9 8� � 83, f1ILL I?J. BLOCK /�� IWE HEIGHTS, a1PvTJ �l..L T�-I�'."I' AAR'f OF THE CJrdfva�P1E� STFE�T A�UTT LOTS 8D, 81„ &2 � o�-, LYIP�G a�TUEEf�I 3'HE SGUiN�t�LY LT, E LOT 80 E7�TEt�I�ED �lESiER! Y TO THE P'I�C Pt1TLR��D RIG ALSO TN�T {�OPT20�� OF i HE CIGHT �t= WP,Y OF THE f1I�J ANOKA t�ND CUYU�J.A R�f�1G� �R/!TLP.0,4D COPiP�1NY I�J THE S QUARTER OF Tl-IE f�JOP. i HE,"�ST QUaR I ER LINE OF LO I a3, EXTENDE� .I�IEST .TH40UGFi SAID RIGHT OF i�Ir�Y �,PJ?' SAID LOT 80,~FXT� �E ',WEST TNPOUGH SAID PIGHT OF WP�Y, BEING, 4.41, HUGO�- Tr�EET NE, FP.IDLEY, �7N •_ {REQUEST JuhfV � DOY�€=; i�305 E.9ST ?IVER R�SAD NE-� FRIDLEY-� HT REQUIRED TPLE VIEW PJ G OF ,�Y, AP1D J9 UTH�AST aL�CK A, Sc?UTFi 1_INL� �F i' H�: S�1 f� E--- BY !'1N 5543�} MO'fIQN by f1r• Barr+�-, seconder� by l`1r• Kemper� �o ope� the Public Heari�� ll�on a voice �,�ote, all voting aye, the motion c�rried unar�imously• The Public Heari�g was apened �t 9:Z5 P.M• ADMIN�STRATTVE STAi=� REPORT A• PJBLIC PURPOSE SERVED BY REQUIRE�1ENT: Section 205-073,4�A� requiring a minimum front yard setback of 35 feet in a nultiple dwe3ling zon:ing district• Puk�lic purpose served by requ�.�^ement is to allow for off— street parking without encroaching on �the public right of way• Also for the aesthetic consideration to reduce the ^building line of sight^ encroachment into the neigh6or's front yard• B- STATED HARDSHT_p: Thi� setback wi11 conform to the setback of �djoining dwellings on same side of street• If building were moved three �feet to the rear, it would make access fio gar,ages more difficult, and would put the 6uilding out of alignment with adjoining buildings• . _,��,,�� _ , Mr• Barna said that9 if the'dumoster was to be in�the front yard, it should be placed to the far west ersd of t�he parkang l,ot, _ screen�d pr�operly, access for �he building prom �he back side a�c��; �wingin� doors on �:he fror�t so the truci< ean reach the dumpster easily • � I�s• Caliquire said thai sh� didn°t like the dumpster in front because of the trash being scatter�d a11 over• Vice-Chairperson Gabel said that Mr• HanseFi had agreed to properly screen the dumpster• She suggested tha� Mr• Hansen cheek into the problem and try to reach a solution with his tenan�s to alleviate the problem of the icrash being al� over the grourid • Ms• Caliquire suggested tha� the City do �omething w��h the lot adjacent to Mr• Hansenes propert�• �Ir• Holden said that there would be a public hearing o� f�arch 29, 1978, at City Hall regarding the entire area• He said that would be the best pl�ce for I�s• Celiquire to address that item• He also said that she could contact the City Alanner regarding the upr�rading of that adjacent property• MOTION by Mr• Barna, seconded by t�r• Kemper, to c1os� the Publi� Fiearang• Upon a voice vote, all voting aye, the mot,on carried unanimously• The Public Heac^ing was closed at 8:59 Pof1• M�� Rlemel commented th�� the request fcr eight stalls woul� al��w one parking stall far each a�artment and on� stall for �he dumps�er• He said that he was in r�arc�r o� tl�e variane�s• P1�• Kemp�rr felt to gra�t the varia��es would be the lesser of the �wo ^evils^• He said that i't wc►uld rec�uire more black top �rea if it was insisted that I�r• Hansen move his parking lo�c• He would rather see the green at^ea maintained ar�d the par!<ing to remain or� the South side of the lo�• Mr� Barna said that he would ha�z to see another blacktopped side yard• He sai� he would r�ther see the parking lot closer to the street �nd therefore would be in favor of the v�ariarices• Vice-Chairperson Gabel said that when the streets were improve� there would be defined curb lines, the cars +�on°t be parked in the Zot in a h�dge-podge manner-, the dumpster would be screened, and the area would be more aesthetically pleasing in a11 aspects• MOTION by Mr• P1eme1, seconded by Mr� B.arna, that the Appeals �ommission recommend the approval of the requests for variances of the Fridley City Code as follows: Sectian 205•075,1�E�1� to al�ow parking in the front yard; Section 205•075,1�E�3, to allow parking closer than the required five feet from the Soutn Property Line; , �g� < �: <. i =.�:�:; •;_�X� APPEALS COM�1ISSION MEETING - MARCH 28, 19?8 Page ],0 . �� ' . C• ADMINISTRATIVE STAFF REVIEW: � The verifying survey for 389 Hugo shows a 32•5 foot front yard set6ack• The verifying survey for 369 Hugo shows 30•8 i`oot front yard setback• O�her houses in the area appear to have similar setbacks• The petitioner's building will be a multiple dwelling with tuck under parking in the rear of the unit- Vision at the intersection is not obstructed by the building or parking• Total lot coverage equals 18•8i• The petitioner has applied for a Special Use Permit to allow off-street parking on the two adjacent R-1 lots to the east of the proposed multip.le dwelling• Vice-Chairperson Gabel asked why they would need a Special Use Permit to park on the adjacent lots• Mr- Doyle said that it was required because tlne adjacent lots were zoned R-1• � Mr• Holden said that the request was before the Appeals Commission to obtain a variance of the front yard setback from 35 fee� to 32•5 feet• Mr• B arna asked where the front yard was to be loca�ed• Mr- Doule said that Hugo was being used as the front so that access could be unta Hugo rather tha� directly onto East River Roau1• Mr• Holden said that a multiple dw�lling was being proposed � for a single-family area, the plan was involving i.wo R-1 lots, and technically East River Road was th� front of the lot� He said that the setback from Hugo street actually would only have to be 17 feet; however,-he said that the plans involved a very large building and for that reason they used the most restrictive section of the Code and interrpreted for the best of everyone involved• Mr• Doyle had plans of what he was proposing• He explained to the Commission exactly what he planned to do• He said tl�at he would provide for as many parking stalls as possible in the tuck--under garage that was included in the proposed building• Mr• Doyle said that if he was required to maintain t�e 35 setback it would be somewhat restrictive for�access to the rear of the building and tc the garage area• He explained in detail what he planned to do�with his proposed ten-unit °�uilding• He indicated the type of clientele that would most likely live in building• Mr- Doyle said that another reason he wanted the reduction in the setback was to conform to the other homes in the area• foot al so the Mr• Doyle said that the units would range from the efficiency apartments to the three bedroom pen�-house• He said that there wouid be no pools in the building• APPEALS COM�ISSION �EETING - MARCH 2�, 1978 Page 11 i'�OTION by f1r• Plemel, seconded by f1r• �arna, to close the�h �- public Hearing• Upon a voice vote� all VO�ld1� aye� iche mo'tion w' carried unarnimously• The Pub�.�c H�aring was clas�d at 9e2? P.I�. � Mr• Barna asked when I�r• Doyle would start cons�ructi�n- Mr• Doyle said that he would begin construction as soan as he had all the necessary permits• � MOTION by Mr• Kemper, seconded by Mr• Barna, that the Aapeals C�mmission recommend approval of the request for variar�ce of tl�e Firdley City Code, Section 205-073,4,A, to reduce the frront yard setback from the required 35 feet ta 32 feet, to a].lo�r the constrsact�o�, of a multiple dwelling on Lots 80, 8], & 83, al�l in Block A,� Riverview Heights, and all that part of the unnamed street abutt�n� �ots 80, 8]„ 82 & B3, lyinq between the southerly line ofi Loic 8� extended westerly to the MAC Railroad right of way, and also tha� portion of the, righ� of way 9f the Minneapolzs, Anolza and Cuyuna l�ange . Railroad Company in the Southeast Quarter of the Northeas% �uartzr line of Lot 83, Block A, extended West through said righi of way and said South Iine of Lot 80, extended west through said right of way, the same being 441 Hugo Street NE, Fridley� MN• UPON A VOICE VOTE� all vo�ing aye, the motion carried unanir�ously - Viee-Chairp�rson Gabel declared a �ten minute recess at 9m29 p.Cl� �• REQUEST FOR VARIANCE QF THE FRIALCY CITY CODE, SECTION 21,4�04��,C��•� Ta INCREASE THE f�AAS�IJP1 WALL SIGN AREA FROP1 2�i• SGlUARE FE�T m� � 10 407 SQUAR� FEET� TO �LLOW AN OVEP.ALL PEDUCTI�Pd IN PRESENT SIGNAGE FR0�1 456 SC�U�RE FEET TO .407 SQU�iPE FEET, 0� LOT 1� AUDITOR'S SUBDIVIS?ON PdU• 7,55, TNE S��f1E BEING 2 0 �t �1VE ��!E� FRIDLEY, �`IN• {REQUEST �Y NOLIDAY VILLAGE NORTH, REPRESEN BY BRAI�LEY STEIN�IAN-, 4567 WEST 80th STREET, BLOOI�INGT4N, MINNESOTd 55437�• MOTION by Mr• Barna, seconded by Mre Plem�l, to open the Public Hearing• U�on a voice vot�, all voting aye, the motion carried unana.mously• The public Hearing was opened �t 9e39 p.Mo �9t^• Jerry Jensen was at the meeting re�resen�ing Holiday Village North- � � .,,�,� .,: 0 . a ' � 0 CITY OF FRIDLEY PLANN IN G COMMIS S ION MEETIN G APRIL 5, 1978 CALL TO ORDER• Chairperson Harris called the April 5, 1978 Planning Co�ission Meeting to order at 7:37 P. M. ROLL CALL• Members Present: Members Absent: ��hers Present: Storla, Bergman, Harris, Peterson, GaL-el and Langenfeld Schnabel, Gabe7 representing Jerrold Boardman, �ity Planner APPROVE PLANN IN G CONIMISSION MINUTES : MARCH 22� 1.978 • MOTIOIV by Mr. Langenfeld, secended by Mr. Bergman, to approve the March 229 Z978 Planning Commission mi.nutes: Gn Page 11, second parag�aph from the botto� �f the page, M�, Gabe1 xaquested the word "plan°' be chaAged to "concept". UP(�1 A VOICE VOTE, all voting ave, the motion carried unanimouslq and th� minutes were approved with the above amendment. l. PLTBLIC HFARING: REQUEST FOR SPECIAL USE PERMIT SP ��7�-04 Bi' JOHN It DOYLE: PER FRIDLEY CITY CODE, SECTIQN 205.051, 3, E, TO PERMIT R�1 Z�(ED PP.�PER'!'Y (SINGLE FI�1�iILY DWELL]NGS) TO BE USED FOR AN OFF-�TP.EET PARKIlVG LOT FOR A PROPOSED APARTMEDTT BUIL,BWG �T AD3ACENT TAt�tD, �0 BE LO�ATED �1 LOTS 78 ADTD 79, BLOCK A, RsVERi�IEW �u IGHTS,� THE SA.ME BELNG PAI�T OF 441 HUGO STREET N. E. MOTI�V by Ms. Gab1e, seconded by Mr. Langenfeld, to open the Publjc Hearing, Upon a voice vote, ail votin g aye, the motion carr�ed unanimonsly. The Public Hearin g was opened at 7:40 P. M. A1r. Eoar�man stated the property on which the building will,be located is zoned R-3, however, this re�uest'is to use two adjacent s�gle family lots for parlcin g. He indicated the sta�f did not see any problems �aith this request for a special use permit, howev�r, one of the stipulations for the parking lot would be solid screenin g along the East and Pdorth sides of the property. � Mr. Boardman stated a11 other requiremeni.s have been me�, with the exc�ption �f a variance on the front yard setback. He stated the Appe�ls Co�mission has recommended approval of the variance. Mx, Doyie stated, at thQ .re:{uest of �ir_y ��aff, they ha�r� revised the p2ans to include the apwrtiaent bui?ding oi.; the R-3 prop��r�y, Tave the building baek from �ast River Road and incerporate Lots 78 and 7� fnr partcing. 0 � . PLANNING COMMISSION MEETIlVG - APRIL 5, I978 FAG� 2°. Mr. Doyle e.�plained the apartment building ieself wi11 be in the semi-deluxe �`� cate.gory with each unit having their individual underground parking stall. He stated Lots 78 and 79 will be used for auxiliary parking. Mr. Harris asked how many units would be included in the apartment building. Mr. Doyle stated there would be a total of 10 units for this parcel, each hav3ng a tuck-under garage. Mr. Harris asked Mr. Doyle if he had any objections to the screening fence recommended by staff. � Mr. Doyle questioned what type of fence the staff had in mind. Mr. Boardman stated it has to be a solid separation of either vegetation or solid board fence. He stated, trom past experiences, a solid wood fence would probably be the best. 1�1ro Doyle indicated there would be no problems with the fencin g. p9r. peterson questioned why it was suggested the residential lots be used for parking. ' Mr. Boar�nan stated the parking lot could have beea <locatecY on' the uriimpro�ved lot area, however, if East River Road is ever widened, they mi.ght lose some of the parking area. Mr. Doyle stated if the parkin g c��ere on the unimproved area, you would almost have to have access onto East River Road which is less desirable. No persons in the audience spoke for ox against this request for a special use permit. . MOTIO�i1 by Mr. Bergman, seconded by Ms. Ga.bel, to close the Public Hearin �. Upon a voice vote, all votin g aye, the motion carried unanimously. The Public Hearin g was closed at 7:50 P. Me MOTIIX�T by Mr. Peterson, seconded by Mr. Langenfeld, that the Plannin � Commission recommend approval of the Request for Special Use Permit, SP ��78°04 by John R. Doyle: Per �idley City Code, Section 205.051, 3, E, to permit R-1 zoned pro- perty (single,family dwellings) to be used for an off-street parkin g lot for a proposed apartment buildin g on adjacent land, to be located on Lots 78 and 79, Block A, Riverview Heights, the same being part of 441 Hugo Street N. E. Mr. Harris questioned Mr. Peterson if he wished to include the recommendation for solid screen fencing in his motion. ' Mr. Peterson felt this was covered in the code and, therefore, wouldn't be necessary to include it in the motion. UP(J1V A VOICE VOTE, all voting aye, the motion carried unanimously. ��•� --- - - ----_.-- -' _ -- -- _ --__ - --- .- - - 74 REGULAR MEETING OF APRIL 17, 1978 PAGE 4 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 1978: / ` 1. JOHN R. DOYLE, SPECIAL USE PERMIT #78-04, 441 HUGO STREET N.E.: ,l � �. J Mr. Sobiech, Public Works Director, stated this request for special use permit is to permit R-1 property to be used as a parking lot for an adjacent 10-unit multiple dwelling unit at East River Road and Hugo Street. Mr. Sobiech stated the Planning Co�mnission held a public hearing and has recommended approval of the special use permit. Mr. Sobiech pointed out the 10-unit building will consist of 1, 3 bedroom unit; 1, efficiency, 3, 2 bedroom units and 5, 1 bedroom units. He stated there would be a garage for each unit in the building. Mr. Sobiech stated, with this layout of the building and parking, it would not be necessary to access off of East River. Road. He felt, if East River Road is improved, at some future date, this plan would not interfere with the parking at the apartment complex. Mr. Sobiech stated it has been the procedure, along the entire length of East River Road, to acquire additional easements in order to provide for any future roadway improvements in the area. He stated the easement required is 172 feet and would recommend this be part of the Council's consideration when acting on the special use permit. Mr. Sobiech felt stipulations should also be added that the drainage be worked out with the Engineering Department to made sure there are no detrimental effects to adjacent property, and that a solid wood screen fence 6e installed on the property. In conjunction with this special use permit, there is also a variance request to reduce the front yard setback from 35 feet to 32.feet. Mr. Sobiech stated this variance request appears later on the Council's agenda. h'�TION by Councilman Fitzpatrick to concur with fhe recommendation of the Planning Commission and grant Special Use Permit #�78-04 wiih the stipulation the City be granted a 172 foot easement on property adjacent to East River Road; that the drainage plan be checked with the Engineering Department and that the required screening fence be included in the plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. TRI-CO ADDITION, PRELIMINARY SUBDIVISIOP! P. 5. #78-01, BY TRI-CO BUILDERS, SOUTH OF 72ND AVENUE AND WEST OF CENTRAL: P�TION by Cou�cilman Schneider to set the public hearing for this preliminary plat for May 8, 1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. APPEALS COMMISSION MINUTES OF PiARCH 28, 1978: A. ALBIN JOHNSON, 5800 22 ST�:EET: Mr. Sobiech, Public Works Director, stated this is a request to allow a number of variances for property in the Hyde Park area. He stated, with the street improvement project, the City is attempting to arork with the property owners in solving some of the problems of non-conforming uses. � Ne stated the variance requests are for "0" lot line for the rear yard and reduction in the number of parking stalls. Mr. Sobiech stated, presently, some of the existi�g boulevard right-of-way is being used for parking. / � Mr. Sobiech stated the Appeals Correnission recommended approval of the side � yard variance from the required 5 feet to "0" lot line and denied the � variance to reduce the number of parking stalls. It was not, however, in + the jurisdiction of the Appeals Cartunission to discuss parking in the � right-of-way. i � � ' � l� i . �� % � � . ... _ �_ _ �. _ __. __ _________ _____ - � ' I REGULAR MEETING OF APRIL 17, 1978 73 � PAGE 3 � � � �e Counci-lman Fitzpatrick felt Little League has been around a long time and .i didn't foresee this language as a big problem. He thought perhaps future ' 4 improvements that would be permanent and eventually accrue to the City � � . , could be reviewed. � Mr. Herrick indicated language could be added to make the clause more � i specific and to indicate that any future improvements are to be submitted � i � to the Council before they are installed. ; Councilman Hamernik felt possibly language to the effect that this par- ticular clause would stand, if the City terminated the lease. He stated, in that way, Little League would then be protected if there was an act �: not to renew the lease. Mr. Qureshi, City Manager, pointed out that on the first page of the lease, paragraph 3, it provides for renewal'of the lease for an additional five years; however, on the second page, second paragraph from the battom of the page, it also provides for termination oi the lease upon a 30 day written notice. Councilman Hamernik indicated he would be in favor of the City Attorney looking at this lease and clarifying language regarding termination and extension and also clarifying the language on Page 2, paragraph 2, regarding compensation. Mr. Klockers stated, according to the lease, the Little League Association hds the opiion for renewal f�r an additional five years. He felt it was important to point out that the Association does serve the young people in the cormnunity and intends to fulfill their obligation. He stated, if the City intends some other use of this property, then the City would purchase the investment the Association has in the property. Mayor Nee stated the provision for the five years, under the same terms and conditions, would apply fc,r the rene�val, unless the Council decided �. _ there were some serious problems. ( y Mr. Qureshi, City Manager, indicated the Little League Association is a ( civic group and they have indicated a willingness to work with the City on some of the concerns regardin� parking and improvements, therefore, he would recortenend the lease be renewed for another five years. �� MOTION by Councilman Fitzpatrick to renew the Lease Agreement �aith the Little League Association for an additonal five year period. Seconded by Councilman Hamernik. Mr. Klockers stated he understands the Council's concerns and has no qualms regarding the services provided by Little League in the past and future. He stated maybe, if this wasn't the best agreement for both parties, the City Attorney would like to draft another lease and the Association would be willing to take a look at it. He thought perhaps they could agree on a better designed agreement on some of the concerns the Association has and some the Council has. Councilman Hamernik stated, under the terms of the present lease, if the Association 1�as an option to renew, he has no problem with the lease, but indicated he was a little surprised at the language contained in the lease. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimous]y. , . ,,: � ------- - --------- �-= - _. ,. _. ...... --- _ _� .._ _ __._ _ ..._ , _ ;._ , a. � i ;/ ��; 76 � , � � � REGULAR MEETING OF APRIL 17, 1978 PAGE 6 remain in the front yard with screening, as recommended by i.he City staff, and that the parking lot be improved and curbing be installed. Seconded by Councilman Schne.ider.. Mayor Nee questioned if the parking lot couldn't be relocated. Mr. Hansen felt this would result in a tremendous loss of green area. He also felt if this was done, some of the tenants' view would be of the parking lot and others would be looking at the tops of cars. Councilman Fitzpatrick pointed out that there are trees on both side yards. Mrs. Hansen stated the property owner on the East, Mr. Janek, was opposed to a parking lot on the East as he was concerned about the drainage since he already has a water problem. Mrs. Hansen stated the property owner to the West of their building is present in the audience this evening in the event the Council had any questions. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. JOHN OOYLE; 441 HUGO STREET N.E.: Mr. Sobiech, Public Works Director, stated this is a request to reduce the front yard setback from the required 35 feet to 32 feet. Ne stated this would permit better alignment of the apartment building with housing to the East. MOTION by Councilman Fitzpatrick to concur with the recommendat9on of the Appeals Cortanission and grant a variance from the required 35 feet to 32 feet for the front yard setback. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider"to receive the minutes of the Planning Commission meeting of April 5, 1978. Seconded by Councilman Barnette. Upon e voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF PIARCH 30, 1978: MOTION by Councilman Hamernik to receive the minutes of the Cable Television meetin§ of March 30, 197�. Seconded by Councilman Schneider. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RECEIVING TENNIS COURT BIDS AND REJECTING THEM (OPENED MARCH 24, 1978 : _ Mr. Qureshi, City Manager, stated the bids received for the tennis courts were much higher than the engineer's estimates, therefore, it is requested that the b�ds be rejected. ,, Mr. Qureshi stated he felt the City could get a bid price for these tennis courts, from the present low bidder for the street improvements, closer to the estimates and requested authorizAtion to n2gotiate for this project. MOTION by Councilman Schneider to reject all of the following bids � received for the tennis courts on the grounds that �hey are signi•fica�htly higher than the estimates. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I � i � i � —_ -,�� j i . i! i i i � --_k, � :a. REGULAR M[ETiNG OF APRIL 17, 1978 -----�__^._ ,. .r6�a�a , � 75 .i ' PAGE 5 1 � �. ��Ir. Sobiech stated, from a maintenance standpoint, the City would want to insure there is enough space beiween the curbing.and parking areas to insure proper snow s:orsgP. He stated, if parking was alloWed to encroar.h into the boulevard right-of=way by 4'-2 feet, it would not be necessary to use a large amount of additional space in the back yeard for a parking lot. Mr. Sobiech asked Mr. Johnson if he had any objections to working with the street contractor regarding some improvements. r' Mr. Johnson stated he understands he Svill have to move tte fence some 1 distance, but felt this shou1d be appruached in a practical aspect and indicated he didn't want to move the fence any further than necessary. Mr. Herrick, City Attorney, stated, under the present ordinance,'parking is not allowed in the boulevard and if it is the Council's•intention to allow parking in the boulevard area, he v�ould suggest a change in the code to permit such a use, upon obtaining a variance. Mr. Sobiech stated, in order that there not be parking in the boulevard, the Appeals Commission has recommended the fence be moved 15 feet to the North. � MOTION by Councilman Fitzpatrick to grant the variance of a"0" lot line on the West of the property and to deny the variance for r�duction in the number of parking spaces; further, that there be no parking in the boulevard right-of way. Seconded by Councilman Hamernik. Mayor Nee felt there still was the question of hardship and felt the fence could ba moved to the East. This, however, would involve encroachment on the green area and he felt Mr. and Mrs. Johnson's building was very attractive and nicely kept and an asset to the area. Councilman Fitzpatrick stated his concern is that they don't park in the right-of-way, and his motion would require moving the fence the footage ; necessary to avoid paricing in the buulevard. ( j. tJPON A VOIC� VOTE TaKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �. CLYDE AND BE1TY HANSEN; 251 57TH PLACE N.E.: NJr. Sobiech, Public 4Jorks Director, stated these variances are to allow �arking in the front yard; to allow parking closer than the required 5 feet from a property line; to allow a garbage receptacle (dumpster) in the front rather than the rear or side yards; and to reduce the required parking stalls from 10.5 to 8. Mr. Sobiech•stated the Appeals Commission reco�nended approva7 of the v�riances with the stipulation that curbing be installed, the parking l�t fie hard surfaced and there be proper screenirtg of the dumpster aa-ea. Gouncilm�n Fitzpatrick sta±ed the question he had was if there would be 8 Lseable stalls. ?�r. Hansen stated it would 6e possible to park in front of the dumpster. Councilman Fitzpatrick questioned v�hy the dumpster couldn't be located � • 3�n another area. ; N1r. Hansen stated he didn't know of any other place to put it as there is � �no alley and no room in back. � � i � �_ �IOTION by Councilman Fitzpatrick to concur with the reco�nendation of the A�peals Comnission to grant the variances to reduce the required number of park4ng stalls from 10.5 to 8; to allow parking in the front yard and closer t�han the required 5 feet from the Sauth property line; to allow the dumpster to ��