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SP 81-08PLANNING COMMISSIO`! MEETING, JUNE 3, 1981 PAGE 2 Mr. Harris asked Mr.. Eisenzimmer if he planned to have a surface driveway. Mr. Eisenzimmer stated, yes, he planned on putting in a concrete driveway. Mr. Harris asked Mr. Boardman to define the rules of a home occupation to Mr. & Mrs. Eisenzimmer. Mr. Boardman stated that accessory buildings, such as garages, are not allowable for use as a home occupation, so operating an auto body or any other business is not allowed out of a garage. He stated this is just a reminder to Mr. Eisenzimmer that a home occupation would not be allowed and that the garage can only be used as a storage garage. Mr. Eisenzimmer stated he understood that. Mr. Boardman stated that if at any time Mr. Eisenzimmer would want to convert the existing attached garage to living area, he would need a variance because the setback on the side yard is 5 ft. and 10 ft. is required from living space to the lot line. MOTION BY MR. WHARTON, SECONDED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARING ON SP #81-08 BY PETER A. EISENZIMMER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-08, BY PETER A. EISENZIMMER: PER SECTION 205.051, 2, A, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 26 FT. BY 28 FT. DETACHED GARAGE ON PART OF LOT 8C, SECOND REVISED AUDITOR'S SUBDIVISION NO. 21, THE SAME BEING 6535 OAKLEY DRIVE N.E., WITH THE FOLLOWING STIPULATIONS: 1. THERE BE THE SUITABLE SETBACK REQUIREMENTS. 2. THE PROHIBITION OF THE GARAGE BEING USED FOR A HOME OCCUPATION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated SP #81-08 would go to City Council on June'15. LOT SPLIT RMUEST, L. " -A-. #81-05, BY CHARLES' . to make o building s tes, Lot and North Park, a same being 65 Hi Dry Street N.E. L' 10 Block 6, Fridley rk, the same being OHANSON: S -it of Lot AY" Blo and Lo 11, and ,55 ickory Str tl01ntw 6, Frid y uth f of .E. Mr. HAri ri s tated thi s s not al,�ormal publ i c ari nq but wouyd`be corl¢ucted as an ,tiformal p"ublic he ring. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 3, 1981 CALL TO ORDER: Chairman.Harris called the June 3, 19819;' Planning Commission meet' g to order at 7:32 P\m. ROLL CALL: Members Prese t: Mr. Harris,; s, van Dan, Ms. Gabe M/tonr.da, Mr.Oquist, Ms. Hughes, 'for Mr. Kondrick), Mr. h Members Absent: \None Others Present: Je 'old Boardman, City Planner C ales Johanson, 424 Rice Cree Blvd. Ir. Mrs. Eisenzimmer, 6535 0 ley Dr. APPROVAL OF MAY 6, 1981, P NNING COMMISSION INUTES: MOTIONSBY MR. OQUIST, SECONDE BY MR. SVAN A, TO APPROVE THE.MAY 6, PLANNIAiG COMMISSION MINUTES AS 'WRITTEN. A VOICE VOTE, ALL VOTING AYE\ CHAYRMAN HARRIS DECLARED THE MOTION MOUSLY. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #81-08, BY I PETER A. EISENZIP°1i+lER: Per Section 205.05 , 2, A, of t e Fridley City Code, to a ow the construction of a second accessory building, a 26 ft. by 28 ft. detached garage on Part of Lot 8C, Second Revised Auditor's Subdivision No. 21, the same being 6535 Oakley Drive N.E. MOTION BY MS. GABEL, SECONDED BY MS. VAN DAN, TO OPEN THE PUBLIC HEARING ON SP #8I-08 BY PETER A. EISENZIMMER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Boardman stated the proposal is for a new second detached garage, 26 ft. by 28. ft. He stated Mr. Eisenzimmer was in the audience if the Commission had any questions. Ms. Gabel asked Mr.. Eisenzimmer if he planned to keep the current garage as a garage or did he plan to convert it into living space? Mr. Eisenzimmer stated he planned to keep it as a garage. In REGULAR MEETING OF JUNE 15, 1981 PAGE 5 Mr. Shutrop stated he felt they are not dealing with the issue of putting the garbage on the curb, but the hours in which they must operate. He felt, with the landfills closing earlier, as they used to be open until 9 p. m., they would like the extra half hour in the morning as later hours are of no value to them. Mr. Larry Plessel, representing Pretzel Sanitation, stated he has talked with his customers and they are happy with the present hours and liked their rubbish picked up early in the mmornimg. Mr. Plessel also felt it is better to get an early start in order to finish earlier on the hot summer days, and extending the hours to later in the evening doesn't help them atrall... A representative from Becker's Sanitation was also -present and indicated he concurred with the remarks made by Mr. Shutrop and Mr. Plessel. Councilman Barnette felt their point was well -taken and the Council should take this under advisement. MOTION by Councilman Barnette to amend the motion to consider the first reading of this ordinance by adding the following sentence: "Furthermore, hauling from commercial, business, industrial, or,lother such establishments shall not unreasonably. interfere or create a nuisance for adjacent residential areas". Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimodsly.. RECEIVING PLANNING COMMISSION MINUTES OF JUNE 3, 1981: %C CONSIDERATION OF SPECIAL USE PERMIT, SP #81-08 TC nr A Qrr MIA ArAreckov 011T1 ATMr A OC - Oo rnAT A[ Mr. Flora, Public Works Director, stated this request for a special use permit is to allow for a second accessory building at 6535 Oakley. He stated the owner plans to construct a 26 x 28 foot garage for storage of his vehicles. Mr. Flora stated Mr. Eisenzimmer was advised of the rules for any home occupation, and the Planning Commission recommended approval of this request with the following stipulations: (1) There be the suitable setback requirements; and (2) The prohibition of the garage being used for a home occupation. Mr. Eisenzimmer stated he intends to use the garage for his own vehicles and may do some repair on his vehicles and some woodworking, but strictly for his own use. Councilwoman Moses questioned the setback requirements as discussed by the Planning Commission. Mr. Eisenzimmer stated a survey of his property was presented to the Commission. MOTION by Councilwww Moses to concur with the recommendation of the Planning Commission and grant special use permit, SP #81-08, to allow construction of a second accessory building, a 26 x 28 foot detached garage at 6535 Oakley, with the stipulations that the required setbacks be met and the garage not be used for a home occupation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 186 REGULAR MEETING OF JUNE 15, 1981 PAGE 6 CONSIDERATION OF LOT SPLIT REQUEST, LS #81-05 TO MAKE TWO BUILDING SITES, 6570 HICKORY STREET AND 6500 HICKORY STREET, CHARLES E. JOHANSON: Mr. Flora, Public Works Director, stated this is a request to split Lot 10, Block 6, Fridley Park, in order to make two building sites. Mr. Flora stated this would make over 8,000 square feet per lot and does conform to the code requirements. Mr. n ora stated the Planning Commission has recommended approval of the lot split, with no stipulations. MOTION by Councilman Fitzpatrick to concur with the unanimous recommenda- tion of the Planning Commission and grant lot split request #81-05. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of June 3, 1981. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: A recess was called by Mayor Nee at 8.55 p. m. RECONVENED: Mayor Nee reconvened the meeting at 9:05 p. m. All Council members were present. RECEIVING ANOKA COUNTY UPDATE OF RICE CREEK BIKEWAY/WALKWAY SYSTEM: Mr. Qureshi, City Manager, stated Mr. McGinley, Anoka County Administrator, would be here shortly on this item, as he had another:meeting to attend in Coon Rapids.. The Council then proceeded with the other agenda items until Mr. McGinley's arrival. CONSIDERATION OF AGREEMENTS FOR LEGAL SERVICES CITY ATTORNEY AND CITY PROSECUTOR MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the contracts with the City Attorney and City Prosecutor for legal services. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING: Mayor Nee stated there is presently an open public hearing on revisions of the Zoning Code and it would be his intent to close the hearing and refer the matters to the Conference Meeting and then placed on the agenda for consideration at the July 13, 1981 meeting. No persons in the audience spoke regarding these proposed amendments.