SP 81-04PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 6
2. PUBLIC HEARING: REQUEST FOR A SPECTAL USE PERMIT, SP #81-04, BY
r _ KENNETH d. JORGENSON: Per Section �05.05T, Z, A, of the Fridley City Code,
�� to allow the construction of a second accessory building, a 24' by 30'
detached garage, on Lot 10, Block 5, Bourdeaux's Spring Brook Addition, the
same being 8101 Ruth Circ e N E-
MOTION BY MR. SVANDA, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON SP #81-04
BY KENNTH JORGENSON.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING
OPEN AT 8:37 P.M.
Mr. Boardman stated Mr. Jorgenson's proposal is to build a detached garage with
access off Ruth Street. Mr. Jorgenson presently has an attached garage.
Mr. Harris asked Mr. Jorgenson if he would like to make a statement.
Mr. Jorgenson stated that because of the need for more'storage and housing cars,
he plans on building a 24' x 30' garage. His present garage is 20' x 22' and
later on he plans to convert the attached garage to living space.
Mr. Harris stated his only concern would be.that at the time of the conversion of
the attached garage, the driveway to that garage be removed.
MOTION BY 142. WHARTON, SECONDED BY MS. HUGHES, TO CLOSE THE PUBLIC HEARING ON
SP #81-04 BY KENNTH JORGENSON.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING
CLOSED AT 8:45 P.M.
M..OTION BY MR. WHARTON, SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY COUNCIL
R VAL F THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-04,BY KENNTH JORGENSON,
ION 205:051, 2, A, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF
A SECOND ACCESSORY BUILDING, A 24' BY 30' DETACHED GARAGE, ON LOT 10, BLOCK 5,
BOURDEAUX'S SPRING BROOK ADDITION, THE SAME BEING 8101 RUTH CIRCLE N.E., WITH
NO STIPULATIONS.
MOTION BY MS. VAN DAN, SECONDED BY MS. GABEL, TO AMEND.THE MAIN MOTION TO INCLUDE
THE PULAT ON HAT WHEN THE PRESENT GARAGE IS CONVERTED TO FAMILY LIVING SPACE,
THE DRIVEWAY BE REMOVED.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE AMENDED MAIN
MOTION CARRIED UNANIMOUSLY.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MAIN MOTION AS
AMENDED CARRIED UNANIMOUSLY.
Mr. Harris stated this would go to City Council on May 4.
134.
REGULAR MEETING OF MAY 4, 1981 PAGE 13
Mr. Flora stated the staff's concern was the noise factor and the appearance
o the structure. He stated the petitioner stated he would be willing to do
a type of landscaping necessary to make sure of a good appe rance.
Mr. Flora stated, as far as the noise, it is 58 decibels on meter away and
ten eters away, it is less than 40 decibels, and 150 fee away, you can
hear the noise.of the participants. He stated the hours of operation would _
'i be fr m 12 noon to 11:00 p. m. or 12:00 midnight. Mr. lora stated the pool
is 30 inches deep and approximately 84 feet wide by 1 feet long. He stated
this o ration would be similar to the one in Coon pids.
Mr. Flor pointed out that Mr. Galush of Twin Cit Federal had several
concerns egarding traffic danger to children, p rking, the detraction from
appearance from the highway, the question of r troom facilities, and the
noise facto . He felt it would be difficult o speak into a microphone in
the bank's d 've-in lane with the noise fac r of 50 decibels next door.
Mr. Flora stat the Planning Commission ecommended denial of the special
use permit beca a they felt the existi g noise levels in the area were
extensive, the tr ffic situation and p tential problems with parking, and
safety of the youn people using the rea.
Mr. Friedly appeared efore the C ncil regarding his request for this
special use permit. H felt the concerns expressed relative to noise,
safety, and parking cou be ch cked with the operation in Coon Rapids.
He further explained the gi s are water cooled and this reduces the noise
substantially.
Councilwoman Moses asked i he suggested to the Planning Commission they
review the operation in on Ra 'ds. Mr. Friedly stated he didn't know he
had.the option at that ime.
Mrs. Judy Engebretso 5216 Taylor S eet, stated the contour of the land
is probably differe in Coon Rapids o eration and explained the noise hits
the hill and bouncps up and on a clear mmer night, she can hear noises
from the golf cou se. She questioned how they could possibly estimate the
noise created by patrons of this operation. She felt that 52nd and Central
is already heav ly traveled and this busines might create some distraction
for motorists n Highway 65.
Mrs. Engebr son also questioned what would happe when this operation closes,
and was co erned kids may climb the fence to cool\window
She stated her main
concern i adding additional noise to the area. Sn't feel it would
upgrade a shopping center and indicated the neigdon't object to
/eady
that is enclosed indoors.
bretson stated the neighborhood hoped thei will concur with
ning Commission and deny the request for aal a permit.
Councilman Schneider to concur with the endati of the
i Commission and deny ppecial use permit SP3 becaus of the
1 ? xisting noise levels, the traffic situatipotei�iia problemsing, and the safety of the young people wld use the eato the traffic using Twin City Federal's in window. conded
{ by Councilwoman Moses. Upon a voice vote, all vote, Mayor Nee d lared
the motion carried unanimously.
!' t :3 'ONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #81-04 TO ALLOW
j CONSTRUCTION OF SECOND ACCESSORY BUILDING (DETACHED GARAGE!, 8101
RUTH CIRCLE, KENNETH D. JORGENSON:
Mr. Flora, Public Works Director, stated the property in question is located
just east of East River Road on Ruth Circle. He stated the petitioner
wished to build a 24' x 30' detached garage with access off Ruth and to convert
i his existing attached garage to living space.
I •
I
9
REGULAR MEETING OF MAY 4, 1981
PAGE 14.
Mr. Flora stated the Planning Commission recommended approval with the
stipulation that the driveway be removed, when the present garage is
converted to living space.
MOTION by Councilman Fitzpatrick to concur with the recommendation of the
Planning Commssison and grant special use permit SP #81-04 for a second
accessory building, with the stipulation that when the present garage is
converted to living space that the present driveway be removed. Seconded
by Councilwoman Moses. Upon a -voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATION �OF^REQUEST FOR, SPECIAL USE PERMIT, SP #81-05, TO ALLOW
lora, Public W ks Direc stated this pr' er 's located just wes
of Eat River Road t Osbor a an Osborne Way i ectio He stated ere
e t
currly is sing a famil housing located ar d the parce
Mr. F1 a stat the s ecial use pe it is equested to allow onstr ction of
a duple in a R-1 Zo e, with the ou sid ppearance resemblin a ingle
family h me. He sta ed the Planning Co 'ssion recommended app val of thds
request i the sti ulations that th developer prove that t e are 10,000
square fe avallab a on the lot; th thL- utility, drainage a d bikeway
easement re pres?rved; and that th rd garage is provid d.
Mr. Le Watk,ns, 40,fOsborne Way, ndicat hg had no ob'ections t this special
use p rmit.
Co Gilman Fit atrick ask if the person aised an objectio at the
P nning Commis ' meeti was present, b there was no response from the
udience.
Mr. Qureshi, City Man er, stated there have be numerous discussi ns.by:the
Council in allowing a ble. bungalow in R-1 zoning, with a special use permit.
He stated, in the past th,l e uncil has not allow t is type of ap roach and
if they wish to approve th' request, this will b ettin a precedent.
Th etiti er stated fi ancin his parti 1 lot has be n turned down
nsistently for single am'.y homes d the re on was becau of noxious
odors and hig noise 1 el .
Councilman Sche ider to d he has a probl m ith specialuse p mits i an
R-1 zone and pe aps thi should be a rez n g request. He felt Mr. eshi's
point of setting a recedent is valid an , thout a specific re ni to R-2,
finds it difficul to support.
W— Herrick, Cit torney, stated his oncerh is that the spec 1 use
provision is in the rdinance and prec dept set when the prev' us ouncil
adopted the or inanc *He felt if it is i n the rdinance, en it is
incumbent on he Coun it to approvet, unless t ere are p rtinent reasons
for denying t. He st ted he is n comfortable ith d ing it si ply,
because th Council do n't like a ordina ce.
Councilw an Moses felt ecaus of the difficul developing thi parcel
as sing a family and fin cin can't be obtained, s e felt it shoul be
approv d.
Co Gilman Fitzpatrick state he thinks this is a long standing situ tion
( d felt the Council h'ad been quite consistent in recommending agains such
1 special use permits in:a solid R-1 area.
135
�.1
6431 UNIVERSITY AVENUE N.E.,
CITY COUNCIL
ACTION TAKEN NOTICE:
Kenneth D. Jorgensen
8101 Ruth Circle N.E.
Fridley, Mn 55432
FRIDLEY, MINNESOTA 5543.2
TELEPHONE (612)571-3450
May 14, 1981
On May 4, 1981 , the Fridley City Council officially
approved your request for Special !!ge Permit, -Sp #Ri-nnf„r n in
with the stipulations listed below:
-- - -.,ri eeessory building
1. The driveway to the first accessory building will have to be removed if
this is ever converted to living space.
If you have any questions regarding the above action, please call the
Coimunity Development Office at 571-3450.
Since ely,
J R LD 6OARDMAN
JLB/de ity Planner
Please review the noted stipulations, sign the statement below, and return
one copy to the City of Fridley.
Concur with action; taken.
ENGINEERS AND SURVEYORS
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