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SP 77-096431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 Jordahl i.ssippi Street Mn 55432 Dear Mr. Jordahl: August 2, 19.77 CITY COUNCIL ACTION TAKEN NOTICE RE: Special Use Permit SP #77-09 On July 25._]77 the Fridley City Council officially approve ,your request for aSpecial Use Permit for 1441-1443Rice Creek with the stipulations listed below. � Road Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. If you have any questions regarding the above action, please call the C,omonunity Development Office at 571-3450. Sincerely ATYOLD L. 80ARDIM�9AN JLR/de PLANNER Stipulations: 1. Subject to approval of the building plans by City Administration 2. Will be taken up with review of the Zoning Ordinance in September Concur with action taken. 1.10 i REGULAR MEETING OF JULY 25, 1977 PAGE 6 t i i ROGER STENE, SPECIAL USE PERMIT SP #77-08, 870 PANDORA DRIVE: Mr. Sobiech explained the map in the agenda book was i correct and the property is actually on Pandora Drive and not Rice C ek Terrace. i Mr. Sobiech stated the request is for a special us permit to retain the use of both existing attached garages and to permit a existing drive to the original garage to remain as is. He stated a building p it was issued in May of 1972, and at that time it was stipulated that the dri eway to the original garage be removed and this garage be used just for stor e. He explained that stipulation was not met; and due to concerns of resident in the area, the petitioner was advised he would have to come before the Co cil to obtain a special use permit to allow the original driveway and o use the original garage for storage. Councilman Hamernik indicated he has tal ed to the property owner and residents in the area and has no objection to thi special use permit. ' MOTION by Councilman Hamernik to cont with the recommendation of the Planning j Commission and grant SP #77-08. Seco ded by Councilman Fitzpatrick. Mr. Stene stated he has a petition rom residents in the area and only one resident objected to this request. He believed the complaint may have arisen because he had made a complaint o a neighbor's bee hives. Councilwoman Kukowski stated tha was not the property owner that had contacted her, but others that signed the petition had called and were concerned about Mr. Stene running a business f m his home. She stated she believes the problem ? has been resolved. UPON A VOICE VOTE TAKEN ON T ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanim i - t SHERWOOD JORDAN ECIAL USE PERMIT, SP #77-09, 1441-141. RICE CREEK ROAD N.E.: f Mr. Sobiech exp this is a a ow cons ruction of a double bungalow in an R-1 zoning dis ric a -1443 Rice Creek Road N.E. He stated, at the hearing before the Planning Commission, there was some objection from the residents in the area. He submitted a proposed plan for the double bungalow. r Councilman Schneider asked why this was handled as a special use permit, as opposed to a rezoning. - I i Mr. Sobiech explained there is a section in the Zoning Code which allows a two family home in an R-1 district, with a special use permit. Councilman Schneider stated he talked with most of the residents in the immediate j area and although there is a general feeling in opposition, it certainly isn't a strong feeling; with the exception of two people. Mr. Sobiech stated, from a planning standpoint, it is a permitted use as far as the Zoning Code. He indicated the dwelling would not look like a multiple iunit and would maintain the single family effect. Councilman Schneider stated concerns were that this could be rental property and that there are other lots in the area where there may be petitions to construct j double bungalows, if this special use permit is granted. i Ms. Karla Larson, 7528 75th Avenue N.E., indicated she was a disinterested party, i but was at the Planning Commission meeting when this item was considered. She I brought out the cost of the double bungalow was to be in the $90,000 bracket j and felt the rental would be such that you would not obtain any undesirable tenants. Mayor Nee explained this was brought out in the Planning Commission minutes. i i Mr. Herrick felt the Counci.l should not grant this request, unless there is something unusual about the situation. He felt, if the special use permit is granted, it should be justified on the basis of something unique about the lot and so it would be sensible to allow a double bungalow. Mr. Sobiech stated the lot is over 30,000 square feet, but it could be a problem to allow for two single family lots in a.north/south direction. '. 131 REGULAR MEETING OF JULY 25, 1977 PAGE 7 ..Mr. Qureshi, City Manager, also felt there should -.be a clear identification on why the City would allow a double bungalow on the lot, if the special use permit is granted. Mayor Nee stated he wished the Planning Commission had looked at the application from this viewpoint. Mr. Qureshi stated some of the things that makes this lot unique is the easements on the lot, size of the lot, and Kerry Lane exists directly opposite to this lot. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve SP #77-09 because of (1) the size of the lot in question; (2) the drainage ditch at the rear of the lot and the drainage easement on the east side of the lot; and (3) the unique hardship of lights from traffic on Kerry Lane shining on the lot. A further stipulation of the special use permit is subject to the City administrative staff approving, the plans which shall be substantially similar to the one presented this evening. Seconded by Councilwoman Kukowski. Upon a -voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee suggested perhaps the Planning Commission should review this section of the Zoning Ordinance. Mr. Herrick indicated he was not sure where this suggestion originally came from or if it was a recommendation of the Planning Commission. MOTION by Councilwoman Kukowski for the Planning Commission to review the Zoning Ordinance with special consideration to the section which allows construction of a two family dwelling in an R-1 zoning district. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MEADOWMOOR TERRACE, 2ND ADDITION REAPPROVAL, PL SUBDIVISION P.S. #77-05, GARY AIGLE, SOUTH SIDE OF 76TH AVENUE : Ms. Karla Larson, 7528 75th Avenue N.E., sta d they would like to start construction as soon as possible. Mr. Sobiech stated the plat consists of 13%single family lots between Central Avenue and Arthur Street on the south sid; of 76th Avenue. MOTION by Councilwoman Kukowski to set by Councilman Schneider. Upon a voice the motion carried unanimously. , B.M. INVESTMENT, LOT SPLIT L.S. public hearing and publicize. Seconded , all voting aye, Mayor Nee declared SMITH, 73Z AVENUE N.E.: Mr. Sobiech explained this is a reiest for a lot split generally located between Onondaga Street and 73rd Avenue. a stated the Planning Commission reviewed this request and recommended apprpval. He stated it was suggested to the petitioner that possibly additional propert could be acquired to the north to eliminate any need for a variance. He st ed the petitioner had contacted these persons, but apparently there was no in rest shown in selling the property. Mr. Haggerty -appeared before a Council regarding this lot split. He stated the property, the way it exi snow, does present a hardship. He stated, if Lakeside had gone through, t ey would have had a fairly decent lot; however, with the vacation of the st eet, there is a depth problem with the lot. He indicated a variance willbably be requested as they could not obtain additional property to the north. MOTION by Councilman Sch eider to concur with the recommendation of the Planning Commission and grant LS 77-07 recognizing that the two 'R-1 lots are less than the 9,000 square feet s anrd d the development of the R-1 lots may require a�variance requestion etbacdaan ks. Seconded by Councilwoman Kukowski. Upon a voice vote, all votintreider aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman S to receive the minutes of the Planni.ng.Commission Meeting of July 13, 19 7. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayorpee declared the motion carried unanimously.