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AF-SP - 46871�' ,� �� CITY OF FRIDLEi' PT.AIdNING CO3'�.'Q'IIS.SION MEETING� AUGUST 2�Dn 1980 � CALL �'0 ORDERs �Chairman Harris called the Augus� 20, 1980, Planning CoII¢nission ueeeting to order at 7:30 p.m. �€OLL CALL • 0 Meanbers Present: Mr. Harris, M�a Treuenfels, Ms. Gabel (for Ms. Schnabel), Ms. Sporre, I�',s. Modig (for Mr. Oquist), Mr. Kondrick (for Nts. Hughes), Mr. Wharton I�Iembers Absent: No�.e Others Presenc: Jerrold Boar�man, City Planner Mr. &:"�Irs. Clyde E. Meyer, 4'l0 Ironton St. N.E. AFP�rVAI, OF AUGUST b, I��O, PLANNTNG COMniISSION t-�IN�ES: ; MOTTL'Iv� by Ms. Gabe.1, secondecl by Mr. Wharton, t� �pprov� the �,u�;usti 6, 193(7, Plannang Cam�-:s�,.ion ninutes as wiitten. t]POPd A t�OICE VOTE, 4L.L VOTING AYE' CHAIRMAN FIARRIS D�CLARED THE MC)TIC)i�I i:r.'�.RRI�,D iT�JA:�II�10US:LY . �. 1. Z'UFL±C HE�`�R.TidG: REQ?1�ST FQR A SPECIAI, USE PEP,MIT4 SP �%80-094 Fs�' �� CLYDE E. ME1rRa Per Section 2(;5.053, 3, D, ui the Fr; dley Ci+�y Cod�9 r to a11aw an existing basEir�ent ap�rtment �o continue as a rental �ni� in a. sing�e family du�elling, �.acated on Lot 4, B1ock l, Gh�zn�rcl '1'er�-aceP �he same Leing 4�� Irc�r�ton Street N.Eo, . � �':OTION by TIr� GTh.��ton, seconde3 b�° Mr. Treueniels9 to open rh� pul�lic hLarin� on 4P ��80-09 by Cly�F E, P•ieye�. Upon u voice vote, ail votig�g aye9 Cha.irraan Iiarris declared the a�blic hearixxg r�y�en at 7:33 p.m. Pi?-. �oa<dman state� +_hat �hF zc�niag on �.his �t is �� R-1 zoning; howevFr, it is Staff's randerstanciin� fra� `h� �:s�ition.�r rhat the home has been =ised �c a di�L�lex fc�r quite sane �in�, Tn�Y base.meut was seL- up as a separate a�aarLanEa�. a.:�d renfied oui. prior to triis tir,�e taith�ut th� �i�:S�`s lcnowled�e. Whe� t�e pei.3ti�r:er came �n �� c1�eeY; to s�� i±" ;:he L�asem�r.t could be uv�d as an apart- m��:zt, Staff had izifortued liian �hac �t ��s not zonecl for an apartment �na,t:hetce- fore, it wou:ld requitc a s�ecial use p�rn�it t� a11ow that use on an R-1 propertv. � :�r. Board��ian stat�d tl,e �ro�exty just ;aest �f �taia pi�per�y is presen`Yd zoueci duple� (Pt--2) , the prcpercy to the souL}.itae �i: is <:oned R--3 (mul�ipl�) , and thc prop�rty a�ross the stree� a.s zoned I�-1. r` PLANNING COMMISSION MEETING, l�UGL'ST 20�19�0 PAGE 2 ` � P�Ir. Eoardman stated that Mr. t4eyer was �ir� t?�e audien�.e if the Planning Commission members had any qu�s�ion�. �Ir. �oardman stated that if this � getition is grar�ted, Staff has talked to P�r, Meyer about the necessary imProve- �ents he wi11 haue to make to the apartir.enL, and Mr. �4eyer has agreed .�o make all necessary.code modifications in ordeY f.�r the apartment unit to meet all code requirements. ATr. Board�an st�.te�3 tne apartment unit .is satj.sfac�org� in size. I� meets the duplex cocle as far as the size„ and the lot is large enough. Mr. I:ondrick asked if aa� ��f thz neighbo�s ob�ected to �this propert� continuing as a rental unit. J NFx. Eoardman stated ghe City has-not receive� any coicmlaints. Ms: Gabel staged it seemeci L-hat instead of a spec?a1 use.permit, Mr. M�yer shou:ld be asking f.or a rezoning. She kneuT �he code �llowed a special use permit, but a special �xse perm,itA in effec;L-, �aas acfually a rezoning, because tlie sgecial use Permit will stay �a�.�h the proper�}*o 1Kro Harris asked Mr. P�Zeyer �o �ive �ne Gommission a 1�ttle baekground �nforma- fiion i�garding tlae house. l�ia�. i�ieyer stated..the hous� was buiZt in 1�5Z. He bought the house i�?zree }rears ago, and t�ae people who tdad bu�1L- th� hause na3 livPd in the basement, so it .�as al�:�ac1� an apar�me:i� �rhe�. 'rI� s��ied !�e ?��ugh�: thc inouse because o= tt�� apartr��nt. He sta�ed lie has dane e�:�ensive s��o3elin� in the baseiaen��. Iie s��ted he had the CitS� lrspectad rr��ne out abaut a t�eax ago. At that �t?map th.e ��.�g Znsgee�or la3d tcl� L-�'�c?e they co�ald cc��z4ii7ue �.o �-enr, 'aut fze ha� nor� h�arcl �n�thing irom the Citq s�nce thenm He s+,:a::eJ tl�ey �.�aaated ta do th� rzgh�t th��g, sc� ti�ey tzad con�.aei:ed the Ci,�y ana foun.d �ut L:�ey r�e�ded a special. use perm��'. t3e also 7Zated �hat -his neighbo�� ?�Raae nr� cor��laint� about his rentiag out .the i,a�ert�nt �.}�art�nent. � �- �m M�yer staied that, as far as t'ne fmprovrr�.er�ts, h� will need bio�ei bedroom �•in,dows, raiii��gs, aaxd sm�ke detecto�s. I-I� s�ated �h� apartment is up tco cod� �ighL- no�� aith ffi��r electrical �i1� ��.ULlb3il,g� Mr. Harr?s asked ahou� ga�king for th� ttinarfv. P�. Meyer s�aC��1 he ha� a dovble ��.r gara��, �•sii�h �. c�oLT?�le drive�aay. He gecen�iy wic�ened that dri.veway :i4 �nore ��et io�r �tenant parlcing onl�m He st�ted the tenants have separate ir.ont a,1�.i�ack enrranees. l�ira j�Jhar�on asked if P4r. Pi�ye� ir��ezr�ed to b�izig the np�rtment �it up �a code before the una.t was rented aga�.L. �qr. MPyer sta�ed hP did intend tr�o The c�n?yaeason he has not started the i.mprovements is b�cause �� ii�st sa�na:s to s�e� if the �ity �ril1 grant l�im the special use pe�r�itm _._ _ _ _ _ ..��,R,� � PLANNING COMMISSION MEETIPIG AUGUST 20, 1980 PAGE 3 MOTION by Mr. Treuenfels, seconded by Ms. Gabel, to close the public hearing on SP 4�80-09 by Clyde E. Meyer. Upon a voice vote9 all voting aye, Chairman Harris declared the putilic hearing closed at 7:45 p.m. Ms. Sporre stated ttiat the Meyer's are her neighbors and, therefore, she wished to abstain from vo�ing because of a conflict of issue. Ms. Sporre stated this question raises some interesting points from a planning perspective. It seemed that if she bought some land that is zoned R=1 and was adjacent to R-2 and R-3 and was willing t� put some money into remodeling an�l apply for the special use permit, this p�ecedent would say there was no reason to prevent her from doing that. And the best,way to do tk�at is�to operate as rental for awhi7.e before applying for the special use permit. lMr. Harris stated that t�he Planning Co�ission handles each case on its individual merits, but this question is me t�hat the Planning Commiission has been struggling with for somet�ime. It is a tough question. There are many arguments for it and ma.ny arguments against 3t, so �he Planning Commission had decided that when these petitions arise, theq will handle each petition individuallq. This samP case in a different area, under different circumstances9 may merit denial. Under the special use permi.t set-up� it is the respone�;,ility o£ the Planning Commission to show just cause why it should be denied, wi�:i�:�� is different from the variance procedure. The variance procedure require-. that the petitioner must shok� cause of �ahy a variaz�ce shculd be granted. Mr. Boardma.n stated that a duplex is allowable in an R-1 zone with a speci. use pe3cmit9 but i� has to have a special use permi�. The special �nse pe7.L impl.ies that the City has to prove certain conditiens why i�hat unit canno�: _: a duplex. If the Planning Co�ission denies this special use permit, they a�t;,t g�ve valid, sound reasons for denial. The actv.al issue of zoning is �o� an issue for denial. N1s. Gabel stated she would not ha�re any problems with this if it `aas a rezoning. AZr. Boardm�n had stated earlier �hat neighbors get more upset over a rezoning issue than they do over a special u�e permi�, but she thought this was very misleading to the neighbors. The speci�.l use permit does not e�lain that it is, in essence, a forr.� af spot rezaning. She did not think the communitp as a whole realized tha:. a special use per�it goes with tihe property and stays with the property. Mr. Harris stated the Commission should examine this case on its ina�ividual merits. The petitioner is asking that the City allov� him to continue the operation of a basement apartment in a si.agle f.-amily dcvelling. A rezoning would allow the owner of that property to add another iznit onto the structure, if he so wished, because he has enough lot area. Sa, �he sgecial use permit is really more restrictive than a rezoning request. Mr, Boardman stated tha� the Co�ission shotbld also iceep in mi.nd that the Housing Maintenance Cor',e is set_up for all re�tal properties. Tliis me�ns that every four years a11 rental properties in the Ci:y are inspected. Also, �here is a licensing requirement for all rental properties in the City. �?LANT�INC COMMISSION MiL'TIIdGY eZL1iy^[)�.�i'T 2�_1.��'e� PAGE �+ I�r. hondrick stated he agreed �ai�h N1s. Sperre. �Ie wuuld be concerned ahou't h�r nPiphhor� converting 1:heir dwelling into a rental unit, and a few y�ars dc�wn the line finding y�u�-selve� in a sifivation you would rather not have in your neighborhood. Iie ��as also a�ra�c� of this setting a precedent. Maybe in this case, L-.he zieighbo�� do noc �r��ind, because i� �as �,een in existence ior such a long time. Ai�TI��T b� MXo Wharton, secunde�l__ �� 2�Ir. Tre�senfels , to recoa�mend to City Council a�rc�bal �f a Reques t f.or a S�eca.al Use Pe� m.it, �Y �E$�-09 , by Cly�e E. I��er� p�r 5Pction. 2(15.0539 3-, D� of i.:he i �idley t,i �, cQaeZ_�_ �� allow an exisL� n�, . basement ar=�rtment_ to cont'inue as a. rental uxzit in. a�� .�_gle family dwellin.�, 1.ocat2d o� uct 40 �3�ocic _:L, Choicard Terxace� t�he same �_:.n� 420 Iron�con Street Id.E.�. ,:eith the stipulat.ioa that the r�n�al un . brought uD tu ap��iicable i;�� }_din� cocies an:� fi�•e reguiaiic�z�s bP.ior�._ ._ _� unit is r�nte�3 ��.�n. L'POPI A�OI�`: "...:��, H.ARRIS, TR�UEri?�'ELS, WHAItTt3N, N[ODIGs .':I��D KQM�DRTCK V�TIN� �.��, v.�EEL ' .�G NAY, �ANll SPOF`uRE �STAINING, C33AIRNIA?J Ii.��RRIS DECLAR:'D l�i.� PhL�T TON CF.R�: : �•� iTH t� 5-1 VGT� . Mr. �iarr�s s:..n�ed 5i ;�£�0-09 woul� go be�ore City Coun�iZ an Sept. �. �, V?,>riTT�iv iZEt�UEST: BY F�'TITI�3N ;�5-198�?� St�V ��3�-0�►: Vacaice a11ey ease- m��r� in� B1eci: 6, Fricl.ley Parl�> locat,ed in thc G��0-6.6J0 hlnck bet��een ��sic PaQser Koac� a�� Hickory 5�r�et e � P�ro E��rd�an stareci that, �s �che Co�ss3.=;;rs �new, the City Counca.l has paved ��.� �,r�47 for a11ey vac�.t��n� t�ri�h ? i.iQ% pe:•yi�.or_. On L-r�ose aiiey �%acati�n� �aiPre ;.h�r� zs 1Gt7% s�;ree�eait ar ��Ze vacation by' �he �rop�rty �acaners, �he Ct t� Cc�tin.c�1 :�il� �raiv� the £ee. TYlerefore, �he Gity is taking itae pe��r_icn e.nc� ss.:.ar�3.�� the process un vac:�tiaa o:� al�.�ys. I�e ��.�ted the f�rs� va�atioii r�ac.��t �s a.long East Rivzr �.a��ci be�ween ��th aiid. I�?ickor_y StreGt< ihai. aZley is �.�q� presently l�eing uti�ized, Ther� a�Q �7resently no uLiii�ies in the a±1�v9 and the City 4�ould reco�e�d its vacation. . MOTT.�Iv' 1?� Mr. T�euenfelst seco:�cec bv Mr� ='c�ndri_ck.5 t� recommend to Ci�� Gouncil_��a�Jal of a t�a.cation R.ea�aUst b;• P�r.ition ��5-19£30,_5��,' i�nQ-Cdto-, tc� t�aca�'e :iles,� easeDier_i� irc BZock Ei, l�'ridl��i'«rk, lacate� in t�E 55C�0-C�6t�iC� . blc�c�. bei�?een �as� P.iver .l��Tad a�ci ij.ickoi:v S�� eec, wit'ra tn.e sti�suiatio,:i �:►ag.: tiie Gifi.v retain uti3it�,� and �±i81Ti3�E'_ ea5crn�uts.i � P� Ui'C�� A VC1?CE VCTE9 L�L �rJT?��?G �YE, �aF�9.?,"� �iARRIS D�;CLARED THE PiU�7f7i�I C�IED U:v'AN�M�3BSL� . 3, �'AC�TIO:� PI�QUEST: BY ;�ET7TS:OI�� '�4-1_�£G� �AV �f80-0�, Vacaf:� alley e�se-- men� in Bl�ck �, Horizo:► ll�i�ht.^, :�oc�t�a in 520J E�lock between Lincalr� . aa�d Buchanan Streci.s N.Ea T7r. B�ar�lm�.n sra�ed this �•ras Lhe �a�� aF:�'t)-�!+. This alleg only �oes cl�:rra fi�m 5?rcl Ave. and abou� L.�a� loLS to the s��utihe At Lha� point, �here �Toul� b� no 3t1eg� d�edicatioi�. Tliey have 100f agbeeme�it of the four pro�,ertST o�nerG to vacate that s�ial]. portion of a11ey. - � � , � r- ---- --- - — -- - _ - ---_ _ __ __ � `L'L`L REGULAR MEETING OF SEPTEMBER 8, 1980 -------- --- - --- —_- -- -!�. PAGE 4 ' O�LD BUSINESS: � ORDINANCE N0. 714 ESTABLISHING'A NEW CNAPTER 110 OF THE RIDLEY CITY CODE , ENTITLED RUBLIC NUISANCE, AND REPEALING PRIOR CHAPTER 10: � MO ON by Councilman Schneider to waive the secon reading of Ordinance j No. 4 and adopt it on the second reading and blish. Seconded by Counci oman Moses. Upon a voice vote, all v ing aye, Mayor Nee declared j the moti carried unanimously. ' ��X �� i hI0TI0N by Councilmari No. 715 and adopt it Councilman Barnette. the motion carried u CONSIOERATION OF APPi LII ICI ICT 1 Q 1 �4l1 . FRIDLEY BY der t waive the second reading ofi Ordinance sec d reading and publish. Seconded by a ice vote, all voting aye, Mayor Nee declared Y. 0 MOTION by Councilma Fitzpatrick to no 'nate Dave Engstrom, 510 57th Avenue, for appointment t the Environ�ntal Qua ' y Co►mnission. Seconded by Councilwoman Mos s. ' Councilman Fi zpatrick stated Mr. Engstrom is a g ua of Minnesot , with a degree in civil engineering, an with the S ate Health Department in Environmental Engi his duti involve inspecting well sites and checking chemica . of the University presently employed ng. He siated er mples and MOTIO by Council Schneider to cast a white ballot for Da�e Engstrom r � appo ntment to the Environmental Quality Commission. Seconded by Counc an Ba ette. Upon a voice vote, all voting aye, Mayor Nee declared the motio c ried unanimously. NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP #�80-09 BY CLYDE E. A Mayor Nee stated the Planning Commission has reviewed this request and there was a split vote on the special use permit. Mr. Flora, Public Works Director, stated this request for a special use permit is to allow an existing basement apartment to continue as a rental unit at 420 Ironton Street. He stated there are R-3 and R-2 properiies adjacent to this property and the property has been used as a duplex for sometime. Mr. Flora stated whiie Mr. Meyer was in the process of remodeling, he came to the City and found he needed a special use permit to use this dwelling as a duplex. He stated none of the neighbors had any complaints about the continued use as a duplex. Mr. Flora stated the lot is large enough to warrant a duplex and there is sufficient parking. He stated staff supports the recommendation for approval of this request, with the stipuiation that the unit be brought up to applicable building codes and fire regulations before it is rented again. �'�. , - _ �- -- ------- -- - l i ; _ � e REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 3 notice and open the public hearing. Seconded by Councilman Schneider. on �voice vote, all vot4.ng aye, Mayor Nee declared the motion carried un imously nd the public hearing opened at 8:02,:p. m. M. Qureshi, City Manager, stated the Council is aware that six nths agq a p sentation was made by him to the Webb Co�rpany about potentia building sites ava lable in the City. He stated the public hearing before t Council is to con ider the issuance of $9,600,000 in industrial developme revenue bonds for a n facility in Fridley by the Webb Company. Mr. L is J. Hamlin. representing Midwest Printing Comp y, a subsidiary of Webb C pany, appe.ared before the Council to give some ackground information on thei company. He stated they have been at their resent location since 1947 and have an outdated facility. He stated they ecently signed a contract with T. Guide for the printing of�their magazin which wi11 be a larger-vatume covering ble and satellite prograimning. He sta ed they have printed the T. V. Guide maga ne for 24 years and mentioned severa other items they print which includes th Labelle catalogs, telephone books, and flyers and catalogs for major hardwa e stores. Mr. Hamlin sta ed they intend to build a 10 ,000 square foot facility in Fridley, expandable to d uble that size. He stated e felt Fridley is best suited to their needs in r gard to transportation a ess and centrally located for their employees. He ex lained the new buildin would be energy efficient and all equipment would be modern and up-to-dat . Mayor Nee asked how any additional�bs this facility would bring to Fridley. Mr. Hamlin stated, wh n completed, i would ��reate about 40 new jobs immediately and with the expansion they would hen have 300-400 employees. Mayor Nee asked how this facilit would contribute to the tax base. Mr. Qureshi sta:ed it would be about 0� of he amour,� of the building and land. hir. Grundtner, representing dwest Printing, stated the total cost would be about $3,000,000, with the 'lding in the neighborhood of 32,000,000 and the balance would include the st of the land and site preparation. Mayor Nee stated while t City �tributes its name for tax exempt status, the repayment is entire the res nsibility of the company and not the responsibility of the F idley taxpa ers. He felt the Webb Company's new facility would be a g at asset to t�e comnunity. Mr. Herrick, City A orney, stated he h s examined the prelimihary material the legal counsel d bond counsel has s nt and while his opinion is oral, based on the infor ation he has received, finds it meets all the requirements. He requested the ffidavit of publication the hearing be included in the file. MOTION by Counc' man F9tzpatrick to receive t- letter of August 11, 1980 from Piper, Jaffray and Hopwood regarding the issuan e of the industrial revenue bonds for the ebb Company. Seconded by Council�oman Moses. Upon a voice vote, all vo ng aye, Mayor Nee declared the moti � carried unanimously. No other pe{�sons in the audience spoke regarding the�jssuance of these industrial revenue bodds. a, MOTION by Councilman Barnette to close the public hearin� Seconded by Council- woman Mo es. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nanimously, and the public hearing closed at 8:15 � m. Ih1INARY APPROV �N by Councilwoman Moses to adopt Resolution No. 97-1980. Secon�d by cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee y ared the motion carried unanimously. � 4 t # � � r � i 4 ----- - -- t �!1`, REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 5 Councilman Schneider raised the question why it is being handled through a special use permit, rather than a rezoning request. He stated it comes back to the problem of R-1 zoning being used for R-2 purposes, with a special use permit. Mr. Herrick, City Attorney, stated the reason is that the code permits it. He felt if the Council has serious reservations about using a special use permit for this purpose, they should consider am,snding the Zoning Code. He stated the burden has always been placed on the City to give substantial evidence why this wouldn't be permitted. Councilman Schneider stated he didn't have a problem with this particular situation, but in some instances, this may be a way around the Zoning Code. Mr. Flora stated, originally, when the home was built, the owner improved the basement and during the sale, the new buyer assumed it was a apartment artd continued the use as such and in making ir�p.royemeuts;;found.but he ne2ded a special use permit. Councilman Fitzpatrick stated he suspected, if they grant this kind of special " use permit, it won't be the last one requested of the Council. He stated he realizes there was a public hearing on this request and there was no public test9mony against it and the staff recortonends approval, but he has reserva- tions and is sure they will be talking about it again, if they approve the request. He stated he was concerned about the traffic problem on Ironton and questioned what was to prevent one request after another along this street. Mr. Herrick, City Attorney, stated probably nothing would prevent the requests, if the houses are physically adaptable to two families living in it. He felt if the Council doesn't favor this and it is a troublesome area, it should probably be referred to the Planning Co�nission for their discussion and rec��endation. He stated he supposes with families getting smaller, there may be a lot of houses in the City that could accommodate two families and maybe ihis is a good time to examine that problem. He felt the City will be having more applications of this nature and the Council might want to consider if this is a procedure they wish to encourage and if so, if it should be done by rezoning or staying with the concept of a special use permit. Councilman Fitzpatrick stated this property seems to provide for more than one family dwelling and this could be said for more than 50% of the homes in the City. He stated he realizes this dwelling is next to property being used in this manner already and even though it may look like an area that might provide for this type of use, he felt it really isn't the character of this street. Councilman Fitzpatrick pointed out the recommendation for approval was not � an unanimous decision of the Planning Commission and if there had been any objection at the public hearing, he wouldn't hesitate.to move for denial. He stated, however, in light of the recommendation of the Commission and staff and lack of objection from the neighborhood, he wouldn't put himself , in the position of moving for denial. ' Mr. Meyer, the applicant, stated he bought the house three years ago and when they purchased it, they worked on the apartment for over two years to , improve it. He explained he has just widened the driveway for parking and the apartment has its own private entrances, both front and back. He stated, � in order to meet the code, he has to put in larger windows, a hand railing, , fire door and smoke detector. Mr. Meyer stated there is a triplex adjacent to his property and two double bungalows on the corner. He stated his neighbors have no complaints, as he talked with them when he applied for the special use permit. Mayor Nee asked if the apartment had been rented when Mr. Meyer bought the house. � �._____ ' 224 REGULAR MEETING OF SEPTEP�ER 8, 1980 PAGE 5 Mr. �4eyer stated when Chunnard's had the house, they lived in the basement and then built the house, but he believed they did rent the basement apartment from time to time. Mayor Nee asked Mr. Meyer if he ever rented out the apartment. He stated he has rented the apartment, however, �t was vacated on the first of the month and is now vacant. Councilwoman M�ses stated the trend is toward smaller families and with energy costs and prices skyrocketing, she felt they will have more of these requests. She felt the Planning Commission should be looking at this area. She stated she has the feeiing Mr. Meyer bought the house in the first place with the intention of renting out the apartment. Councilman Schneider stated assuming the Council acts favorable on this special use permit request, he asked if this sets a precedent. .�� . __ . .q ,n n � P1r. Nerrick stated the theory behind tne special use permit is each case I is reviewed separately. He stated you start with the assumption that it is a permitted use and two families in an R-1 zone is permitted, unless � there are circumstances that warrant denial. He stated granting this � special use permit wilT�not set a precedent because the Council has to 1 i judge each one on its own merits, and the burden of denying the special t use permit rests with the CounEil. I MOTION by Councilman Barnette to concur with the recommendation of the � IPlanning Conmiission and grant Special Use Permit, SP #80-09, with the istipulation that the rental unit be brought up to applicable building i codes and fire regulations before the �mit _is rented. Seconded by ; Councilwoman tAc,ses. Upon a voice vote, all voting aye, Mayor PJee declared � I the motion carried unanimously. , CONSIDERATION OF VACATION RE'Ut�i SAV�80-04 �Y PETiTION #5- 80, 70 VACATE ALLEY EASEMENT IN 6500-6600 BLOCK BETWEEN EAST RI ROAD NO HICKORY STREET: Ma r Nee stated the Planning Co►�nission has recormnen d approval of ihis requ t with the stipulation that the City retain u lity and drainagg easemen Mr. Flora, lic Works Director, stated th ouncil agreed to allow vacation of al s and waiving the fee•, i 100% of the residents along the alley petitio d for it. He state he residents petitioned 100� for the vacation o his alley. Councilman Fitzpatrick r uested in the future, the Council receive copies of the petitions. MOTION by Councilman Fitz ri to set the date of the public hearing on the requested alley sement cation for October 20, 1980. Seconded by Councilwoman Moses Upon a voic vote, all voting aye, Mayor Nee declared the motion arried unanimous OF VACATION REQUEST SAV�i$0-05 BY PETITION ,#4- MOTION b Councilman Scnneider to set the date of the pu 'c hearing:�on the re ested alley easement vacation for October 20, 1980. econded by �oun man Barnette. Upon a.:voice votey all voting aye, Mayor declared the otion carried unanimousiy. ..,