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SP 73-10Planning Commission Meeting - October 17, 1973 Page 2 RECEIVE BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MINUTES: SEPTEMBER.27, 1973 MOTION by Lindblad, seconded by Harris, that the Planning Commission receive the minutes of the Building Standards -Design Control Subcommittee meeting of September 27, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. I 1. PUBLIC HEARING: A REQUEST FOR A SPECIAL USE PERMIT, SP #73-10 (l BY TRYGVE OLSEN: per Fridley City Code, Section 45.051, 2, A, to allow construction of a second accessory building, a shed to be used for the storage of tools, on Lot 4, Block 1, River - wood Manor Addition, the same being 7145 Riverview Terrace N.E. Mr. Trygve Olsen was present to present his request. MOTION by Drigans, seconded by Lindblad, that the Planning Commission waive the reading of the Public Hearing notice on the request for a Special Use Permit, SP #73-10, by Trygve Olsen. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Clark gave the plans submitted by.Mr. Olsen to the Inspection Department to the Planning Commission to look at so they could see what type of building Mr. Olsen wanted to build. Mr. Harris asked Mr. Olsen how'. he intended to use this building. Mr. Olsen said it was for storage of lawn equipment, a boat, and a saw.. Mr. Harris asked if this building would have electricity and heat. Mr. Olsen said it would have electricity, but would not be heated. Mr. Fitzpatrick asked what the first accessory building was. Mr. Clark said it was the attached garage. Mr. Lindblad asked if this building would have a cement floor. Mr. Olsen said it would and it wouldn't have the pillars as shown on the plan. Mr. Drigans asked Mr. Clark if this cement slab would have to have footings for this size building. Mr. Clark said a floating slab was approved by the State Code. Mr. Clark said there were notices sent to the neighbors and the City hadn't received any calls about this. He asked Mr. Olsen if he had talked to any of his neighbors about this request. Mr. Olsen said.there wasn't any opposition from the neighbors. Mr. Harris asked about the exterior of the building. Mr. Olsen said it would be rough cedar. His home is stucco with rough cedar trim. Mr. Harris said this building will blend in then. Mr. Lindblad asked Mr. Olsen if he was going to construct this building himself. Mr. Olsen said he was. . Mr. Drigans asked Mr. Olsen if he had a wood working hobby. Mr. Olsen said he did. Mr. Harris said he hoped Mr. Olsen was not going to operate a cabinet shop or similar business from this building. Mr. Planning Commission Meeting - October 17, 1973 Page 3 Olsen said this building was not going to be used for any kind of business. Mr. Drigans said he noted on the survey that there was a fence on part of the lot. Mr.. Olsen said that fence belonged to his neighbor who has a swimming pool. Mr. Drigans said there was no fence between the school property and Mr. Olsen's. Mr. Olsen said the children were always supervised when they played close to his property. Mr. Fitzpatrick said he thought this building might be an ' attraction for children because of it's placement on the lot, but if the children were always supervised this evidently would be no problem. Mr. Harris asked if there were any drainage problems on this lot. Mr. Clark said there wasn't: MOTION by Harris, seconded by Lindblad, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #73-10, by Trygve Olsen., Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Harris said he had no objection to this request. It was a nice looking building. He said he thought a stipulation should be made that there would be no business operated from this structure. MOTION by Lindblad, seconded by Drigans, that the Planning Commission recommend to the Council approval of the.requ.est for a Special Use Permit, SP #73-10, by Trygve Olsen, per Fridley City Code, Section 45.051, 2, A, to allow construction of a second accessory building, a shed to be used for the storage of tools, on Lot 4, Block 1, Riverwood Manor Addition, the same being 7145 Riverview Terrace N.E., with the stipulation that no business be operated from this structure. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONTINUED: REVIEW OF CREEK AND RIVER PRESERVATION MANAGEMENT nPnTRTAMP Mr. Jerrold Boardman made the presentation. Mr. Boardman said tahe main purpose of this ordinance was to meet the State requirement to have a flood management program. This is required of all cities that have had any type of flooding. The Department of Natural.Resources hasn't gotten around to the cities that haven't set these up, but they will. Mr. Fitzpatrick said he thought this legislation was passed in 1971. Mr. Boardman said we designated the areas that were inundated by floods according to the Army Corp. of Engineer's report. The 172 REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 7 The City Attorney said if it would be the consensus of the Council, and by Councilman Nee, the Acting City Manager could send Mr. Doyle a letter summarizing the consensus of the Council and their concerns which have appeared within the discussion at the present meeting. This would put the intentions and concerns of the Council and the people in writing, there would be something on record. Mayor Liebl asked if this would include the waving the requirement on sign limitation. The City Attorney agreed, but indicated no sign size had been discussed at the present time. He suggested some indication of the proposed size so the staff would have an idea what the Council had agreed to. He said Mr. Doyle should state that this would be under the conditions that his son would live in the home. He said if this was done at the present time, the applicant would not have to come back to the Council for further discussion. Mr. Carson said he -had asked Mr. Doyle what size sign would be installed and Mr. Doyle answered he would prefer a four by six foot sign. Mayor Liebl said the applicant would want the people to know there is a real estate business there. The City Attorney suggested either a three by five, or a four by four sign, this would allow for about the same square footage. Councilman Utter suggested a three by four foot sign. MOTION by Councilman Nee to authorize the Acting City Manager to summarize the discussion at the present Council meeting in letter form to be submitted to Mr. Doyle, and .advise Mr. Doyle that if his son is in residence, the Council would waive the sign ordinance to allow the construction of a sign comparable to the square footage on the DeGardner sign (The DeGardner sign was measured by the inspection department, and this sign is three by four or twelve square feet). Seconded by Councilman Utter. The City Engineer said he would write such a notice to Mr. Doyle. He questioned if the stipulations from the petition should be those indicated in the communication to Mr. Doyle. He said he felt this is what the neighbors want as they had signed the petition. He questioned if all the other stipulations such as the bumper curbing should be included in the stipulations. He indicated the crushed rock would be stabilized base. UPON A VOICE VOTE, all voting aye; Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to direct the Planning Department to begin the planning process in the neighborhood and provide the people with some concepts for direction. Mayor Liebl said this would include the entire area from south of Mississippi to 61st. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. IDERATION OF DESIGNWARE INDUSTRIES, INC., REQUEST TO DISCUSS THE UL TION: Mayor Liebl asked the City Engineer what the problem was. The City Engineer said this would concern one of the stipulations in the permit. He said there are two firms involved in the matter and this would be Designware and the Fridley Bus Company. -He explained that the firms representatives were not available for the present meeting and had requested this be discussed at the November 12; 1973 meeting of the Council. MOTION by Councilman Breider to table the consideration of the Fire Hydrant Stipulation of Designware until the November 12, 1973 meeting of the Fridley City Council. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 17, 1973: A REQUEST FOR A SPECIAL USE PERMIT, SP #73-10, BY^TRYGVE�OLSEN: cPER^FRIDLEY E.. 173 REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 8„ The City Engineer said the Planning Commission had recommended the request be approved. MOTION by Councilman Nee to concur with the recommendation of the Planning Commission and approve the request for the construction of an accessory building with the stipulations of the subcommittee. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Planning Commission Meeting of October 29, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 9, 1973: A REQUEST FOR A VARIANCE OF SECTION 45,052,-1, FRIDLEY CITY CODE TO INCREASE AND RECEIVING PETITION #15-1973, SUBMITTED BY ABUTTING PROPERTY OWNERS APPROVING . THE NSTALLATION OF THE ANTENNA AT 520 OVERTON*DRIVE N. E.: The City Engineer pointed out the request was to construct a radio tower which would be 70 feet above the dwelling instead of the limited 20 feet as provided for in the Code. He said the Board of Appeals had recommended.the request be denied. i Mayor Liebl said Mr. Kremer was present and he would like to see what the proposed antenna would look like. Mr. Kremer came forward and presented several pictures of the various types of antenna and his proposed type of. construction to the Council for their review. . Mayor Liebl asked if there would be any commercial use of the antenna or would it be limited to citizens ban. Mr. Kremer said he would only use C. B. Mr. Kremer said he had his radio checked by.two. technicians to determine if it would cause interference on the area televisions and radios, and presented the letters which indicated his equipment to be in good working order to the Council. MOTION by Councilman Breider to receive the letters from Mr. Tom Lenz, Electronics Specialists, Inc., dated October.26, 1973, and also from Mr. Norman Aaberg with no date. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Kremer presented a •petition to the Council stating it was from the area people who were not opposed to the installation of the antenna. MOTION by Councilman Nee to receive Petition #15-1973 from the area people not.opposed to the installation of the antenna by Mr. Kremer. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked Mr. Kremer if he would abide by the necessary conditions as not to cause any problems in the neighborhood in the future. Mr. Kremer said he would do anything possible to comply with the regulations and the wishes of the people. Mr. Kremer said he is licensed by the F. C. C. as a class D operator and the license authorizes him to operate 150 air miles form his home in any direction. He pointed out to the Council that he would only plan to extend the antenna 50 feet over.the top of the dwelling instead of the 70 feet as indicated in the, agenda.