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SP90-07 CITY Or FR'ODLESr 6431 UNIVER M AMEM N.E. FRIDLEY, M 55432 C o mamit9 DeV'el awwt �epart8l�sit (612) 571-3450 «wwwwNwN«w«w«w «wwww...NNwwN«..« wwww«NNN N«N««« 6PBCIAL USE PERKXT APPLICATIOK YOM wwNwwn.wrw.NwNw.......w«w«N«rwr.�.NN..n.NNN.rr.rNwrrw.r..�.wrwwn.N«w« N«NNw.wNNNN M PMX II ON - site plan required for submittals: see attached Address: L2.�h �y✓ �cJR( V'P � Legal description:, Lot Block Tract/Addition 5� dQ ` Current zoning: S�Q1,IA Gt Square footage/acreage Reason for special use permit: a.eq Section of City Code: 5 7 m ) wNw««w«w««www«w......,.NwN wwwwN«wwNNw.,,...Nww N...,.wNNww+wwwrw.wwNNNrw«w...NNNw«w«w«N FEE OMM II�OR[�TIO�T (Contract Purchasers: Fee OA-eas mast sign this form prior to processing) NAME•--�� ADDRESSDALYTDIE PHONE ' �Rk SIONA= DATE w«wr..wNN,v�.«N NNwM.rM««www.VNlYwrwN�rwr«w«N«««w�«w�«wNNw�Nw�tir«NN«w«N.vw�wl,yN«NNNNNwww«N naPOMM ON NAME -z eL ADMOSS Ze3� 112'1 DALYMM PHONE SICA,= w« wNNMwwwwwlw..YrwwwN«Nww«Nw�NwM �rw�w«wwwww«Arrw«�NwrNw« NNN«ww Fee: $200.00 $100.00 ._.__. x_ for residential second accessory buildings Permit Sp pacepit # 34, A & 0 Application received by: Scheduled Planning 0onmission date: $" Scheduled City Council date: . wrN�.rrNw.wrr.rrwN«Nw«www.......�.rN w.rN«Nww.wrwwwwr..NwNN.rrwrrww«N«wN.vw.www PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Mu icipal Center, 6431 University Avenue N.E. on Wednesday, , 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 07, by Pat and Rita Boyle, per Section 205.07 . 01.C. (1) of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 30, 1990 June 6, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. City of Fridley PU"C NEARINo BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning.Commission at the Fridley Muniltipal Center, 6431 Uni- versity Avenue N.E. on Wednesday, June 20,1990 at 7:30 p.m.for the pur- pose of: Consideration of a .Specli 11 Use Permit, SP#90-07, by Pat and Rita Boyle,per Section 205.07.0t.C.(1)of the Fridley City Code, to allow.a second accessory building in excess of 240 square feet on Lot 1,Block 2, Sy1— Hills,,generally located at 6261 Rainbow Drive N.E. Any and all persons desiring to be heard shaft be given an opportunity at the above*tated time and place. DONALDBETYOLD CHAIRPAAN i PLANNING COMMISSION Any g1u4stions'-related to this item may be refgrred to the Fridley Com- munity Development Department, 571-34511.' (Pu611e11ad5Rr(dley Focus May 30& June6,1990) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, June 20, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 07, by Pat and Rita Boyle, per Section 205.07.01.C. (1) of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 30, 1990 June 6, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. oIz 2 0-^ /P f�� �Qz-,/-X SP #90-07 MAILING LIST Planning 5/25/90 , 6/4/90 Pat and Rita Boyle Council Patrick Boyle Loyd Tanner Buzz's Barber Shop 6261 Rainbow Drive N.E. 6260 Rainbow Drive N.E. 6247 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 John Jacob ^ ^ n Reeves U.S. Navy Re ng 6251 Rainbow Drive N.E. 250 Rainbow Drive N.E. 6 versity Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 dle MN 55432 Willard Bolling Lovern Otten Current Tenan 6241 Rainbow Drive N.E. 6240 Rainbow Drive N.E. 6239 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gordon Knutsen John Snyder yrent Tenant 6231 Rainbow Drive N.E. 6230 Rainbow Drive N.E. 243 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Anthony Olesinski A. T. Gearman J & L Dance Studio 6221 Rainbow Drive N.E. 6225 University Avenue N.E. 6235 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ernest Powell A. T. Gearman Je nies Needles 6241 Sunrise Drive N.E. 6257 University Avenue N.E. W7 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Wayne Brandt -1 Lettering U.S. Air Force 6231 Sunrise Drive N.E. 267 University Avenue N.E. 6231 University Avenue N.E. Fridley, MN 55432 OFridley, MN 55432 Fridley, MN 55432 David Arnason AA R Block Current Tenant 6220 Sunrise Drive N.E. 63 University Avenue N.E. 6229 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Thomas Gliadon Plaza Cleaners U.S. Army Recruiting 6230 Sunrise Drive N.E. 6259 University Avenue N.E. 6225 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Walter Zembal Dave's Sport Shop/Tenant ®ridley, n Green Assoc. 6240 Sunrise Drive N.E. 6253 University Avenue N.E. 5 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 MN 55432 William Camp Powdour Pouf SalonC ent Tenant 6280 University Avenue N.E. 6251 University Avenue N.E. 3 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Davis US Navy Recruiting U.S. Marines Recruiting 280 Sylvan Lane N.E. 6249 University Avenue N.E. 6223 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 L- SP #90-07 Pat and Rita Boyle Pae 2 Farmer's Insurance Group 6221 University Avenue N.E. Fridley, MN 55432 Moon Plaza Restaurant 6215 University Avenue N.E. Fridley, MN 55432 North Star Video 6213 University Avenue N.E. Fridley, MN 55432 Emerald Office Supply 6209 University Avenue N.E. Fridley, MN 55432 A & G Enterprises 6205 University Avenue N.E. Fridley, MN 55432 Affiliated Emergency 6201 University Avenue N.E. Fridley, MN 55432 Wheelock Enterprises A and G Enterprises 6205 University Avenue N.E. Fridley, MN 55432 Planning Commission Chair City Council Members MOW C[TYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 June 1, 1990 Dear Property Owner: On May 25, 1990, you were sent a notice of a public hearing before the Planning Commission on a request for a special use permit, SP #90-07, by Pat and Rita Boyle, to allow a second accessory building in excess of 240 square feet at 6261 Rainbow Drive N.E. The meeting date originally scheduled for this item was June 13, 1990. The Planning Commission has rescheduled this meeting to June 20, 1990. Please feel free to attend the Planning Commission meeting on Wednesday, June 20, 1990 in regard to this special use permit request. Si erel , Barbara Dacy Planning Coordinator Am COMMISSION APPLICATION REVIEW FLE MASM Fax DATE MEETm DATE FILE DESCRIPTION SP #90-07 CITYOF 25 5/ 10/90 6 13 90 Allow secondeaccessory building in excess FMDLEYof COMIRLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ARB D. COMMENTS (� s ng-,V -040 —�� 7 I OMICHELE M. I 4 MARK W. PI` .acs �,,�,,�'"�.-� < qLJOHN F. �,�.�.� � we ED } z DARREL C. - 5-1� LYDE M. LEON M - --- 9"r'%t JIM H. BOB A. r 80 STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE : June 20, 1990; November 14, 1990 FRI DLEY CITY COUNCIL DATE December '10, 1990 AUTHOR MM/do REQUEST PERMIT NUMBER SP #90-07 APPLICANT Pat and Rita Boyle PROPOSED REQUEST Allow construction of a second accessory building in excess of 240 square feet LOCATION 6261 Rainbow Drive N.E. SITE DATA SIZE 26' x 24' accessory building; 624 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the North, West, and i ZONA South; University Avenue to the East UTLITES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS - --- -- - ---- -- -- -- STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations RECOMMENDATION 8R Staff Report SP #90-07, Pat and Rita Boyle Page 2 Request The petitioners, Pat and Rita Boyle, are requesting that a special use permit be granted to allow construction of a 624 square foot second accessory building on Lot 1, Block 2, Sylvan Hills Addition, generally located at 6261 Rainbow Drive N.E. Site The parcel is located at the intersection of Rainbow Drive and the University Avenue service road. Located on the lot is a single family dwelling unit with an attached two car garage, constructed of brick and wood. Also on the lot in the rear yard is a carport, which the proposed accessory building will replace. The site is zoned R-1, Single Family Dwelling, as are the parcels to the south, west, and north. Analysis As was stated earlier, the proposed accessory building would eliminate the need for the existing carport. Access would continue to be from the existing driveway from the University Avenue service road. The proposed accessory building would bring the lot coverage to the maximum 25% allowed by the zoning code. The petitioner has not submitted any plans or elevations of the proposed accessory building. Without plans and elevations, it is difficult for staff to determine the compatibility of the proposed structure with existing structures. The City Assessor notified staff that how buildings relate may have significant impact on the values in the area; both on the property itself and neighboring properties (see attached literature from The Appraisal of Real Estate) . However, there are no standards outlined within the zoning code for issuance of a special use permit for second accessory buildings. Recommendation and Stipulations for the June 20, 1990 Meeting As the petitioner has not provided staff with plans and elevations of the proposed accessory building, and staff is concerned about the aesthetic fit of the building to the property, staff cannot recommend approval of the special use permit. However, if the Planning Commission chooses to recommend approval of the special use permit for the second accessory building, staff recommends the following stipulations: 1. The accessory building shall be located 17 1/2 feet from the east property line. 8S Staff Report SP #90-07, Pat and Rita Boyle Page 3 2. The accessory building shall be constructed with wood or vinyl siding painted to match the trim on the existing house. 3 . The height of the accessory building shall be limited to 14 feet. Update of June 20, 1990 Meeting The Planning Commission voted to table the request pending submission of plans and elevations by the petitioner. The petitioner expressed concerns regarding the stipulation that the accessory building be placed 17.5 feet from the side lot line. The petitioner submitted elevations for the proposed accessory building (see attached drawings) . The Appeals Commission reviewed a variance request by the petitioner to reduce the side yard setback from 17.5 feet to 4.5 feet. The Commission voted to recommend approval of the request to the City Council. Recommendation/Stipulations The proposed accessory building will be compatible with the dwelling unit and adjacent structures. The City Council will need to take final action on the variance for the accessory building. Staff recommends that the Planning Commission recommend approval of the special us permit request, SP #90-07, to the City Council with the following stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2. The height of the accessory building shall be limited to 14 feet. 3. Approval of the variance request, VAR #90-30. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the special use permit to the City Council with stipulation #3 deleted. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. �D r Y�, SP #90-07 Pat and Rita Boyle 8 T S 1/2 SEC. ary VANcat� ,. - � / - - '----�--r-- - s� �� .�rr- 8�--��-+F►s►iNr1�f' S Y Y t4IL 1 JAI _ LAr H t t ELLE E "i ANE��. �• :'aF M w; J e �VVP��j/� / 14 SYLWN LANE *' ,RCLWY -DRIVE pipRR AUD4 �� .., _✓ O, —�.Ir ._ •� s W .lam ,.;, r 3 � �y) - A "� e' r- F' ' z �. � Esso) s► .� ray Yv . A' DRIVE "tLJW DRIVE: 2'ND :AVE. �rt. �� r:. a,..�� -•"� LANE] C01 yl. )), Z 9 fl r L < -i✓ 'S a s'e 1�— f 33 44 LOCATION MAP • 1 1 Vo Poo I vs MR� r y me mEA o � m VS WE FA ♦ ,d90©aa � �����mm �o ®�-o �� ' ,���� �i�i i"�!♦•i " Vii© ©Ki 0� Qin ►•i"-i!k►i• Dig= cusp �•�� '�©0 - ,;•�. ��® �� Com© IMM MRM • i SP #90-07 .8V Pat and Rita Bo le CERTIFICATE OF SURVEY LoCAI-100 SUAVEY FOR s RIfA 80`(L.E RAW 6O W DRIVE- 9"s RIVE9,68Z4 --- -1# 1 � O I STORY srekE GAkA6E BvfLo,N� ,� I nro.62 s r W _ 4$ SCALE : 1 =30' M N f Nt t � 1 r 1 t � T � RIPrIoN LOT 1 BLOCK t SYLVAKI MCLS, ANOKA CovNrY 1 I HMM CERiFY TK4r TM SMVEY NMS PRUMIM W M ENT CONSULTANTS, P.A. OR 1110M MY DO ECT SUPERVIsgn AND IHM i AM w wor WXASTEMW CAMD SLOVEYOR 3•ENGINEERING•CONSTRUCTION STAKING «'DER THE LAM16 OF TSE STME OF WMESMA SITE PLAN CERTIFICATE OF SURVEY LOCATION 60AYEY FOR'- RIfA 801(LE RAI n180 Vt/ DR 1 VC— g,6fl� 53.9 _ T ZO -T / r a Nr 4 r � � �3 - O g= 44 I pa R.S � OC ! \K-77 4-, I STORY 5TchE GRaA6E 60ILOW6 4j 3 SCAB E: 1"Z 30 a L V 1 — r ` � Z 0E6CRIPn0N s L.OT' 1 , 6LOC4 z SYWA" RILLS, ANOKA COUNTY j ALL-METRO i r151M cMMFY TMA`TM SURVEY WAS PREPARED BY tE f DEVELOPMENT CONSULTANTS, P.A. °A UNDER MY°!RECT SUPIM 'a'ON AM THAT 1 AM A DULY nEEGMFTE ED LAM SURVEYOR LAND SURVEYING•ENGINEERING•CONSTRUCTION STAKING LNEER THE LAM OF THE STAE OF IOTA i Thomas H. Veenker, President ! Registered Land Surveyor 7441 Jolly Lane Tele. (612) 425-6161 REG.140.12254 DA7E No. Brooklyn Park. MN 55428 FAX(612) 425-2033 8AA CITY OF FRIDLEY PLANNING COMMISSION MEETING# JUNE 20, 1990 rr r w rww rrw rw w wr rwwwwrrr.r...w...wry.w.wwwwwwwwwi+.wwwww..�.www.wwwwrwrwrrwww r CALL TO ORDER: Chairperson Betzold called the June 20, 1990, Planning Commissio meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, Sue Shere Paul Dahlberg, Larry Kuechle (f Diane Savage) Members Absent: Dave Kondrick, Connie Mo Others Present: Barbara Dacy, Planni Coordinator Michele McPherson, lanning Assistant Rita Boyle, 626 ainbow Drive N.E. Robert Bushey ears Outlet Frank Krame rep. John Babinski Phillip fel, Maaco Auto Painting & Bodyworks APPROVAL OF MAY 30 1 0 PLANNING COMMISSION MINUTES: Mr. DaXeahat the following amendment should be made to the mi0, last paragraph, the word "amply" should be change MOTIONrg, seconded by Mr. Saba, to approve the May 30, 19ommission minutes as amended. UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #90-07 BY PAT AND RITA BOYLE: Per Section 205.07.01.C. (1) of the Fridley City Code to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. MOTION by Mr. Saba, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PUBLIC BEARING OPEN AT 7:32 P.M. 8BB PLANNING COMMISSION MEETING, JUNE 20, 1990 PAGE 2 Ms. McPherson stated that the petitioner is requesting a special use permit to allow the construction of a second accessory building over 240 sq. ft. The property is located at the intersection of Rainbow Drive, just west of the University Avenue Service Road. The property is zoned R-1, Single Family Dwelling, as is the adjacent properties to the north, west, and south. Ms. McPherson stated a single family home with an attached two car garage is currently located on the lot. At the rear of the lot, there is a carport which is hidden by a privacy fence. The petitioner hopes that with the second accessory building, the need for the carport will be eliminated. Ms. McPherson stated access to the lot occurs from the University Avenue Service Road and would continue to remain as it is today. The existing driveway would access both the existing garage and the proposed accessory building. Ms. McPherson stated the petitioner is requesting to build the largest accessory building possible for the lot. She calculated the remaining available square footage to bring the lot to the maximum 25% lot coverage allowed by the Zoning Code. This allows the petitioner to build an accessory building of up to 624 sq. ft. Ms. McPherson stated that at this time, staff has not received any plans or elevations of the proposed accessory building from the petitioner. It is difficult for staff to make a determination as to the compatibility of the proposed structure with the existing structures on the lot and structures on neighboring parcels. The City Assessor has indicated to staff that how buildings relate to each other, both on the lot itself and adjacent properties, may have a significant impact on the values within the area. Staff had included some literature in the staff report. She stated, however, that the Zoning Code does not outline any particular standards for the construction of second accessory buildings. Ms. McPherson stated that since staff is concerned about the compatibility of the proposed structure, staff cannot recommend approval of the special use permit. However, staff has outlined three standards if the Planning Commission recommends approval of this special use permit to the City Council. 1. The accessory building shall be located 17 1/2 feet from the east property line. 2. The accessory building shall be constructed with wood or vinyl siding painted to match the trim of the existing house. 3. The height of the accessory building shall be limited to 14 feet (Zoning Code requirement) . 8CC PLANNING COMMISSION MEETING JUNE 20 1990 PAGE 3 Ms. Sherek stated that if the Planning Commission recommends approval, she would suggest that another stipulation be added that the carport be removed upon completion of the construction of the accessory building. Ms. Boyle stated they are willing to comply with the restrictions recommended by the staff and submit plans for approval when they are ready to start construction. She stated one thing they have a problem with is the 17 1/2 foot side yard setback. If the City forces them to build the accessory building 17 1/2 feet from the property line, then the building would be in the middle of their back yard. That would not be aesthetically pleasing to them or the neighborhood, and it would not be accessible to the existing driveway. Mr. Betzold stated it is not possible for the Planning Commission to give permission to go any closer than the 17 1/2 feet. If the petitioner wished to build closer to the side property line, then they would have to apply for a variance through the Appeals Commission. It is difficult for the Commission to make any decision on this special use permit without plans and elevations for them to look at. Ms. Doyle stated the City staff has already told her how the building should look, and she is willing to comply with that. She just found out about the 17 1/2 foot side yard setback. She thought the accessory building could be built 3-5 ft. from the back neighbor' s lot line, but no one had told her that she would have to be so far from the side lot line. Mr. Betzold asked Ms. Boyle if she needed more time to put her plans together. Ms. Boyle stated she will definitely need more time, and staff will need to show her how to deal with the 17 1/2 feet. MOTION by Ms. Sherek, seconded by Mr. Saba, to table consideration of special use permit, SP #90-07, by Pat and Rita Boyle to give the petitioner additional time to work with City staff regarding the 17 1/2 foot side yard setback requirement, to be brought back on the agenda at the petitioner's request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 2 . TABLED: PUBLIC HEARING: CONSIDERATION SPECIAL USE PERMIT SP 90-06 BY ROBERT BUSHEY EARS OUTLET STORE: Per Section 205. 15. 01.C. (8) of Fridley City Code to allow exterior storage of mate s on Lot 1, Block 1, Shorewood Plaza, generally loc at 1000 East Moore Lake Drive N.E. (Public hearing sed. ) (F C1IYOF FMDLLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 August 13, 1990 Pat and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: At their June 20, 1990 meeting, the Planning Commission voted to table your special use permit request for a second accessory building over 240 square feet, and directed staff to work with you to resolve the setback issue and the design issue of the proposed accessory building. We are now inquiring as to whether you want to continue processing your special use permit or if you want to withdraw your request. A variance will need to be granted if you want to place the second accessory building closer than the required 17 1/2 foot setback. I have included a variance application for review by the Appeals Commission. The application requires a $60.00 fee and a hearing before the Appeals Commission. Also included is a schedule of the next Appeals Commission meetings. If you do not want to proceed with a variance and can place the second accessory building at the 17 1/2 foot setback, staff can schedule your special use permit request for review before the Planning Commission at the September 26, 1990 meeting. Staff would advise you to submit drawings of the proposed accessory building for review by the Planning Commission. If you want to withdraw your request, we will need a letter from you stating this. If you have any questions or comments regarding this matter, please contact me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-90-655 8EE APPEALS COMMISSION MEETING. OCTOBER 30, 1990 PAGE 11 4. CONSIDERATION OF VARIANCE REQUEST VAR #90-30. BY RITA BOYLE: Per Section 205.07.03.D. (2) . (c) . ( (1) ) of the Fridley City Code, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E. Ms. McPherson stated this property is located at the intersection of Rainbow Drive and the West University Avenue Service Drive. The property is zoned R-1, Single Family Dwelling, as is the property to the north, west, and south. University Avenue is to the east. Ms. McPherson stated the petitioner is proposing to construct a 624 sq. ft. second accessory building, and he has applied for a special use permit as the building is over 240 sq. ft. The Planning Commission reviewed the special use permit request in June and tabled the request due to the lack of building plans and elevations, which the petitioner has now submitted. Ms. McPherson stated that in reviewing the special use permit, staff's recommendation is to locate the proposed accessory building within the 17.5 foot setback at the rear of the parcel. The petitioner's request is to reduce the 17.5 foot setback to 4.5 feet so that the accessory building would be somewhat in line with the existing garage. The petitioner would still be able to use the existing driveway as the accessory building would face to the north. Ms. McPherson stated the petitioner has ample room on the property to meet the 17.5 foot setback. For that reason, staff recommends that the Commission deny the variance request. Ms. McPherson stated the petitioner's house faces Rainbow Drive; however, the garage faces east onto the University Avenue Service Drive. There is a fence running along the east property line and a car port along the east side portion of the fence. The car port structure will be removed with the construction of the second accessory building. Ms. McPherson stated the petitioner's house is 15 feet to the curb; however, the right-of-way line is only 4.5 feet from the dwelling unit itself. Dr. Vos stated the existing garage and house are 4.5 feet from the right-of-way line and are essentially nonconforming now. MOTION by Ms. Smith, seconded by Dr. Vos, to open the public hearing. 8FF APPEALS COMMISSION MEETING, OCTOBER 30, 1990 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:50 P.M. Mr. Pat Boyle stated the biggest problem is that if they have to put the building at the 17.5 foot setback is with the existing driveway, and he would end up with yard on both sides of the garage with a driveway in between, which doesn't make sense. He stated there is a privacy fence on the east side now, and that will be torn down and a new fence constructed. The way his lot line and his neighbor's lot lines run, he would not be blocking the line of sight for anyone. The proposed accessory building would be in line with the existing attached garage, and he can then use the existing driveway in between. MOTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:55 P.M. Dr. Vos stated he looked at the property. His first reaction to this variance request is that it does not seem very advantageous to chop up the line of sight along the service road just to satisfy the 17.5 foot setback. The house and existing garage are 4.5 feet from the right-of-way, but with the boulevard, there is about 15 feet to the street. Now, they are asking the petitioner to go another 13 feet, so the proposed accessory building would be right behind the house in the middle of the back yard. He believed the widening of the service road must have taken some of the petitioner's property at some point in time, and he would consider that a hardship. He stated he would recommend approval of the variance as requested. Ms. Smith stated she is normally reluctant to grant this large a variance. However, because of the service road and the fact that the accessory building would be in the middle of the back yard, it did not make much sense to adhere to the 17.5 foot setback. The proposed accessory building at the 4.5 foot setback is not going to affect the line of sight or be a detriment to anyone else. Mr. Kuechle stated he concurred that the accessory building would not affect any sight lines and aesthetically it would be better to construct the accessory building at the side of the yard rather than in the center of the back yard, not only for the petitioner's view, but also for his neighbor's. He would recommend approval of the variance as requested. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR #90-30, by Pat and Rita Boyle, per Section 205.07.03.D. (2) . (c) . ( (1) ) of the Fridley City 8GG APPEALS COMMISSION MEETING. OCTOBER 30, 1990 PAGE 13 Code, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, the same being 6261 Rainbow Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item, along with the special use permit request, will probably go to the City Council on November 19, 1990. ADJOURNMENT: MOTION by Dr. Vos, seconded by Ms. Smith, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kuechle declared the motion carried and the October 30, 1990, Appeals Commission meeting adjourned at 9:00 p.m. Res ectfully s witted, LynSaba Rec rding Secretary F 4 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 14, 1990 ww.YwwwwwwwwwwwN.YwwwwwwtiwwwwMwwwwwwwwwww4wwwwwwwwwwwwwYwwNwwwwwwNw CALL TO ORDER: Chairperson Betzold called the November 14, 1990, P ning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kon ick, Dean Saba, Sue Sherek, Paul D berg, Diane Savage, Connie Modig Members Absent: None Others Present: Barbara acy, Planning Coordinator Miche McPherson, Planning Assistant Pat oyle, 6261 Rainbow Drive N.E. J ck and Corine Kirkham, 430 - 67th Ave. N.E. APPROVAL OF OBER 24 1990 PLANNING COMMISSION MINUTES: MOTION b Mr. Kondrick, seconded by Mr. Saba, to approve the Octobe 24, 1990, Planning Commission minutes as written. IIP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED E MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #90-07 BY PAT AND RITA BOYLE: Per Section 205.07.01.C. (1) of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to remove this item from the table and reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Rainbow Drive and the. West University Avenue Service Road. The property is zoned R-1, Single Family Dwelling, as are the parcels to the north, south, and west. University Avenue is to the east of the property. PLANNING COMMISSION MEETING. NOVEMBER 14, 1990 PAGE 2 Ms. McPherson stated the request is to allow the construction of a 624 sq. ft. second accessory building. The Zoning Code requires that special use permits be granted for all second accessory buildings over 240 sq. ft. Ms. McPherson stated this special use permit request was first heard by the Planning Commission at their June 20, 1990, meeting. At that time, the Commission tabled the request at the request of the petitioner as there were two issues that needed to be resolved. One was what the building would look like, and the other was the final location of the building. Ms. McPherson stated staff's proposed location is the required 17 1/2 feet from the east property line, as well as 3 feet from the rear property line. Ms. McPherson stated the petitioner submitted a variance request to the Appeals Commission on October 30, 1990, and the Appeals Commission voted to recommend to City Council that the required side yard setback of 17 1/2 feet be reduced to 4 1/2 feet which will allow the petitioner to place the accessory building closer to the existing garage. The City Council will have to take final action on the variance request on December 10, 1990. Ms. McPherson stated the petitioner submitted construction plans which shows the accessory building will be architecturally consistent with the existing house. The existing house is built of stone construction, but the profile of the roof line and basic structure will be similar. The accessory building could also be painted to be consistent with the trim on the house. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit request, SP #90-07, to the City Council with three stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2. The height of the accessory building shall be limited to 14 feet. 3. The variance request, VAR #90-30, by approved by the City Council. Mr. Dahlberg asked what happens if the variance request is not approved by the City Council. PLANNING COMMISSION MEETING, NOVEMBER 14, 1990 PAGE-3 Ms. McPherson stated the accessory building could still go on the site in the location proposed by staff. There are no issues of lot coverage or other setback requirements. Mr. Kondrick asked if the petitioner, Mr. Boyle, was in agreement with the stipulations. Mr. Boyle stated he had no problem with the stipulations. Ms. Sherek asked if the petitioner is proposing to put in a hard surface driveway to the new building or will it be just for auxiliary storage. Mr. Boyle stated he has an existing driveway, and if the variance is approved, he can use the existing driveway for his existing garage and the proposed accessory building. The building will be used as a second garage for cars, boat, etc. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Dahlberg stated he questioned whether it is appropriate to include stipulation #3. What this stipulation is saying is that the Commission is voting on the special use permit and recommending approval if the variance request is approved. However, if the variance request is not approved, then the special use permit would not be valid. Whether the variance request is approved or not, the petitioner can still build the accessory building if the special use permit is granted. Ms. Dacy stated the Commission could delete stipulation #3. Staff included that as a stipulation because they do that for all multiple sets of applications; and, staff was not sure if the Commission was comfortable with saying that the accessory building is all right with or without the variance. Mr. Boyle stated that if the variance is not approved, he will not build the accessory building 17 1/2 feet from his side yard. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to recommend to City Council approval of special use permit, SP #90-07, by Pat and Rita Boyle, per Section 205.07.0l.C. (1) of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, PLANNING COMMISSION MEETING, NOVEMBER 14, 1990 PAGE 4 Sylvan Hills, generally located at 6261 Rainbow Drive N.E. , with the following stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2. The height of the accessory building shall be limited to 14 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated both the special use permit request and the variance request will go to City Council on December 10, 1990. 2. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND VEY P S #90-06 BY GLACIER PARK COMPANY: To replat that part of Lots 2 and 3, Auditor's bdivision No. 78, Anoka County, Minnesota, generally to ted north of I-694 and west of Main Street N.E. MOTION by Mr. Kondrick, seconded by Ms. avage, to waive the reading of the public hearing notice a open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BET20LD DECLARED THE MOTION CARRIED AND E PUBLIC HEARING OPEN AT 7:45 P.M. Ms. Dacy stated that since one was in the audience representing the petitione , the Commission might want to table this item until la r in the meeting. MOTION by Mr. Kondric , seconded by Ms. Modig, to table P.S. #90-06 by Glacier Pa Company until later in the meeting. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NO ON CARRIED UNANIMOUSLY. 3. C NSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 205 OF THE FRIDLEY CIT CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.03 "D INITIONS" AND SECTION 205.07 11R-1 ONE FAMILY DWELLING RISTRICT REGULATIONS" /ought stated there have been articles in the Fridley ut this ordinance amendment, and staff has received of calls regarding this issue. stated this ordinance amendment was originally o the Commission's attention at their October 24, ting at the request of the City Council. The City s concerned because they have received complaints AM COMMUNITY DEVELOPMENT 8P DEPARTMENT GWOF HaMLY MEMORANDUM DATE: December 6, 1990 TO: William Burns, City Manager FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #90-07, by Pat and Rita Boyle Attached please find the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2 . The height of the accessory building shall be limited to 14 feet. Staff recommends the City Council concur with the Planning Commission recommendation. MM/do M-90-834 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 7 S. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 14,1990: A. SPECIAL USE PERMIT, SP #90-07. BY PAT AND RITA BOYLE, TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET ON LOT 1. BLOCK 2 . SYLVAN HILLS. GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E. : Ms. Dacy, Planning Coordinator, stated that this special use permit is requested in order to allow construction of a second accessory building on this property in excess of 240 square feet. She stated that the Planning Commission recommended approval of this special use permit with the stipulations that the accessory building shall be architecturally consistent with the existing house and the height of the accessory building shall be limited to 14 feet. Councilman Billings asked what was meant by "architecturally consistent". Ms. Dacy stated that the intent was to hold the petitioner to the type of construction submitted in the proposed drawing. Councilman Billings asked the petitioner, Mr. Boyle, if the drawing he submitted was consistent with the style of building he planned to construct. Mr. Boyle stated that he would construct something very similar. MOTION by Councilman Billings to grant special use permit, SP #90- 07, with the following stipulations: (1) the accessory building shall be architecturally consistent with the existing house; and (2) the height of the accessory building shall be limited to 14 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR JANUARY 7, 1991, FOR A REGISTERED ND SURVEY P.S. 90-06 BY GLACIER PARK COMPANY TO PLAT THAT PART OF LOTS 2 AND 3 AUDITOR'S SUBDIVISION NO.-.79'. -AMOKA COUNTY. MINNESOTA GENERALLY LOCATED NORTH OF D-6§4 AND WEST OF MAIN STREET N.E. : MOTION by Councilman Fitzpatrick to set public hearing on this plat for January 7, 1991. Second y Councilwoman Jorgenson. Upon a voice vote, all voting a Mayor Nee declared the motion carried unanimously. MOTION by Councilman tzpatrick to receive the minutes of the Planning Commissio eeting of November 14, 1990. Seconded by Councilwoman Jor nson. Upon a voice vote, all voting aye, Mayor Nee declared a motion carried unanimously. rAW CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 12, 1990 Pat and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On December 10, 1990, the Fridley City Council officially approved your request for a special use permit, SP #90-07, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. , with the following stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2. The height of the accessory building shall be limited to 14 feet. If you have any questions regarding the above action, please call the Planning Department at 571-3450. rBD/dn rel��^� raJ Dacy ing Coordin nx Please review the noted stipulations, s 'gn he statement below and return one copy to the City of Fr' a lan 'ng Dep ment b December 26, 1990. o c with .tion tak' 17C 929954 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a special use permit, SP 490-07 SPECIAL USE PERMIT Pat and Rita Boyle Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 10th day of December , 19-10—, on a petition for a special use permit pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: To allow a second accessory building in excess of 240 square feet on Lot 1 , Mock 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1 . The accessory building shall be architecturally consistent with the existing home. 2. The height of the accessory building shall be limited to 14 feet. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand .a the City of Fr' ley, Minnesota, in the County of Anoka on the day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAPALA, CITY dERK. , .�SEAL) .a a ZRZDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 7 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 14.1990: A. SPECIAL USE PERMIT SP #90-071 BY PAT AND RITA BOYLE TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET ON LOT 1 BLOCK 2 SYLVAN HILLS GENERALLY LOCATED AT 6261 EAYNBOW DRIVE N.E. : Ms. Dacy, Planning Coordinator, stated that this special. use permit is requested in order to allow construction of a second accessory building on this property in excess of 240 square feet. She stated that the Planning Commission recommended approval of this special use permit with the stipulations that the accessory building shall be architecturally consistent with the existing house and the height of the accessory building shall be limited to 14 feet. Councilman_ Billings asked what was meant by "architecturally consistent". Ms. Dacy stated that the intent was to hold the petitioner to the type of construction submitted in the proposed drawing. Councilman Billings asked the petitioner, Mr. Boyle, if the drawing he submitted was consistent with the style of building he planned to construct. Mr. Boyle stated that he would construct something very similar. MOTION by Councilman Billings to grant special use permit, SP #90- 07, with the following stipulations: ---the accessory building shall be architecturally consistent witli the existing house; and the height of the accessory building shall be limited to 14 `� eet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR JANUARY 7 1992 FOR A STERED ND SURVEY P.S. 90-06 BY GLACIER PARK COMP,&jjj TO R PLAT THAT PART OF LOTS AND 3 AUDITOR'S SUBDIVI N NO. 78, ANOKA COUNTY, INNESOTA GENERALLY LOCATED NO O 1-694 AND WEST OF MAIN STREET N.E. : MOTION by Councilman Fitzpatrick t et the public hearing on this plat for January 7, 1991. S nded by Councilwoman Jorgenson. Upon a voice vote, all voti aye, Mayor Nee declared the motion carried unanimously. NOTION by Councilm Fitzpatrick to receive the minutes of the Planning Commiss n Meeting of November 14, 1990. Seconded by Councilwoman J genson. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. 929951 Numedoed Grantor Grantee Recorded C?*)oked Dein TL lud" x, xy r••3 OFFICE OF COUNTY RECORDER 3r STATE OF MINfIFSOTA,COUNTY OF AR I hereby certify that the withn instru- ment was filed in this offfcs for record on the JAN 2 2 1991 /0 a-c!ocl4 M., and was do recorded c Cl fiocoraet ` M Owl" -—- SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 bL L 9r f.: 92 ✓ �yee: „ - l r�'� ; ;�:� �,r•y ,.�����-''�r_.I�"„ ��,.�'..�2.,'f, ,�"`�,��y.�_r:,� - "�,.4,�n..tz '�C�'°•�" '� L��! f �—y yr, y�,... -�-�far— ���(��•� .��-~�. 0 ~� r _ � r s [� Community Development Department PLANNING DIVISION City of Fridley DATE: November 14 , 1991 TO: William Burns, City Manager 4, 41 FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Extension of Variance, VAR #90-30, and Special Use Permit, SP #90-07 , by Patrick and Rita Boyle; 6261 Rainbow Drive N.E. The City Council at their December 10, 1990 meeting approved a variance to reduce the side yard setback from 17. 5 feet to 4 . 5 feet and a special use permit to allow a second accessory building in excess of 240 square feet for 6261 Rainbow Drive (see attached Action Taken letters) . The Boyle's have been unable to begin construction of the garage within the one year time frame, and have requested that the City Council grant a one year extension of both the variance and special use permit (see attached letter) . Staff recommends that the City Council grant a one year extension in order to allow the Boyles to construct their garage during 1992 . MM/dn M-91-813 17 STATE .OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of an extension of a special use permit, SP X690-07 SPECIAL USE PERMIT Patrick and Rita Boyle , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of November , 19, 91 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To extend the special use permit approval for one year, to December 10, 1992, to allow a second accessory building in excess of 240 square feet on Lot 1 , Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: No stipulations. See City Council meeting minutes of November 18, 1991 . STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fr dley, Minnesota, in the County of Anoka on the (.V day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 2ZC f SHIRLEY A. AAPALA, CIft CLERK 0 f R sP 90..W A r o a y FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 14 Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. 14. RESOLUTION NO. 93-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE FRIDLEY CHAMBER .OF COMMERCE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RESOLUTION NO. 94-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY MOOSE LODGE NO. 38• MOTION by . Councilman Billings to adopt Resolution No. 94-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. RECEIVE THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF OCTOBER 23 1991: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Advisory Commission Meeting of October 23, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. EXTEN5.1QU OF VARIANCE VAR 90-30 D SPECIAL USE PERMIT BYE FOR LOT 1 BLOCK 2 YLVAN HILLS 'fit D AT 6261 RAINBOW DRIVE N.E. : MOTION by Councilman Billings to extend Variance, VAR #90-30 and Special Use Permit, SP #90-07 for one year to December 10, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. RE-APPROVAL OF SPECIAL USE PERMIT, SP #89-08, BY 7570 INC. , FOR A REPAIR GARAGE AT 7570 HIGHWAY 65 N.E. : Ms. Dacy, Community Development Director, stated that this is a reassignment of a special use permit, and the petitioner is 7570 Inc. She stated that the special use permit was reassigned as a result of the litigation of the Samir Awaijane case. She stated that as part of the settlement agreement the special use permit must be assigned to 7570 Inc. Mr. Greg Herrick, Assistant City Attorney, stated that Council's ordinance placing a moratorium on the issuance of special use Grantor Grantee Recorded CheckeeV---- Margin Tr. Index 2 ra OFFICE OF COUNTY RECORDER STATE OF VoINNEWTA.,CV�'YTY QF ANOKA c. Cj- I hereby ce^a,,y that t;a x�,;;Nn !.nstru- ment was vila,,, iii for rocard on the —!Ak--1 1992 — et" t�i,�3 oded By City of Fridley 6431 University Ave NE Fridley Mn 55432 Community Development UTYOF FMDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 19, 1991 Patrick and Rita Bovle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On November 18, 1991, the Fridley City Council officially approved your request to re-approve a variance, VAR #90-30, to reduce the side yard setback from 17. 5 feet to 4 . 5 feet, and a special use permit, SP #90-07, to allow a second accessory building in excess of 240 square feet, on Lot 1, Block 2 , Sylvan Hills, generally located at 6261 Rainbow Drive N.E. Construction must begin before December 10, 1992 . If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 3 , 1991. r Concur wi action taken 8B OCT 0 5 X991 I SII YH A. 7 s I. Lzv j a Cn rou e024 I� r4,,e Z,kgi � +i I M I 8A Community Development Department Q PLANNING DIVISION City of Fridley DATE: October 15, 1992 TO: William Burns, City Manager V' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Extension of Variance Request, VAR #90-30 and Special Use Permit Request, SP #90-07, by Pat and Rita Boyle; 6261 Rainbow Drive N.E. We have received the enclosed letter from Patrick Boyle of 6261 Rainbow Drive N.E. requesting that the City Council grant a second extension for the above-referenced request. The City Council granted an extension in November of 1991 until December 10, 1992 . Staff recommends that the City Council grant the extension until November 1, 1993. MM/dn M-92-632 8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 8 Ms. Dacy stated that the Appeals Commission unanimously reco ded approval with two stipulations, as outlined in staff's me randum of October 15, 1992. MOTION by Councilman Schneider to concur with the ecommendation of the Appeals Commission and grant Variance Re qu st, VAR #92-20, with the following stipulations: (1) the varia a shall remain in effect until: (a) the sign is altered in an way except for the routine maintenance and change of messages hich makes the sign less in compliance with the requirements f this Chapter than it was before the alterations; (b) the su orting structure of the sign is replaced or remodeled; (c) the ace of the sign is replaced or remodeled; (d) the sign becomes d' apidated or damaged, and the cost of bringing it into complianc is more than 50 percent of the value of said sign, at which time 11 of the sign and its structure be removed; and (e) notwithsta ing "a" above upon the change of the name of the business bein displayed on the . sign; and (2) the "panned" area of the sign ce shall not exceed 80 square feet. Seconded by Councilwoman rgenson. Councilman Billings s ted that under Stipulation la, the language is taken out of e City Code Chapter 214. He suggested eliminating the w d "this" and adding the words "Chapter 214 of the 'Fridley Cit Code. " MOTION by Co cilman Billings to amend the above motion by striking the word " is" in line three of Stipulation la and adding 11214 of the Fri ey City Code" after the word "Chapter. " Seconded by Counci an Schneider. Upon a voice vote., all voting aye, Mayor Nee decla ed the motion carried unanimously. U N A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and ayor Nee declared the motion carried unanimously. 8 . EXTENSION OF A VARIANCE REQUEST, VAR #90-30, TO REDUCE THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET; .AND EXTENSION OF A SPECIAL USE PERMIT REQUEST, SP #90-07, TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET, BY PATRICK AND RITA BOYLE, 6261 RAINBOW DRIVE N.E. : MOTION by Councilman Billings to extend the time period of Variance Request, VAR #90-30 and Special Use Permit Request, SP #90-07 to November 1, 1993 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ' AWARD CONTRACT FOR CONSTRUCTION OF STONYBROOK EK .DIVERSION PROJECT NO. 229• MOTION by Councilman Fitzpatrick to a d the contract for the Stonybrook Creek Diversion Project N 229 to the low bidder, Park Construction in the amount of $99 5. 00. Seconded by Councilwoman CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 23, 1992 Patrick and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On October 19, 1992, the Fridley City Council officially approved your request for an extension of a Variance, VAR #90-30, to reduce the side yard setback from 17.5 feet to 4.5 feet, and an extension of a Special Use Permit, SP #90-07, to allow a second accessory building in excess of 240 square feet. This extension is granted until November 1, 1993 . You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you h y questions regarding the above action, please call me t 2-3590. nce ely, i i Ba ra Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one opy to the City of Fridley Planning Department by November 6, 1992 . "z'Q1 ;7:- Concu ith ac on taken