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SP90-16 . aETY OF FRmLEY 6431 M11VERBITY AVENUE N.E. FRIDLEY, HN 55432 commity DevelC MiPt Det (612) 571-3450 BPECIAL USE PERMIT AMXC?i aON YON4 PBDPE;wy Ile - site plan required for submittals; see attached Address: 72 3,q AAs T 6?�ye r Oc o qd �r i d/e�. . MAI, -6--5-y�- Legal description: filo 3o Z// Y/ OOyj Lot Block Tract/Addition ardreek Qd,`T'ate Current zoning: des,detiTRG Square footage/acreage -?0Of Reason for special use permit: Nees/Qo,4T TrR:/e-r JTorooe -GR rdepTrac7or-Saowbkwer--TC Section of City Code: FEE OWNM II� TTC1N (Contract Purchasers: Fee Owners mast sign this form prior to processing) NAME _�i4/e ova e��o news l�cci ADDRESS __'�Z3�/ i�.sr QrVer Qo+4.4 1'1-5,4142 )1,Al Z fj Am a--S7/ -ossy DAYTIME PHONE work - 43-f-- 70 79, ?'T•F�►r' ' •f.'oo R� SIQIAZURE DATE c��-2 -90 P'E'PI3'IO[�Lt "a' CZ NAME Da i/,"a CZ o yews Ku ADME-SS 7,21_3 Y 1' Q►ver- 67o l a( Hanle DAY= PHONE Wor K s7/-56 8O lev o R/M, SIGNAT= GATE _ P-23-,90 N nI,►wlwn.Yr�Iw.YwNwr^•wlwwMwrwrwrNwr�..Yr�..Y. �I�.MNwr�rwrN�rwrMNa►�Iw �..Y.r�rnr.VN�r�r�I.Yrwr�INYN�r.Yr�IwIMY�•.v Fee: $200.00 $100.00 X for residential second accessory buildings Pandit SP Co Reoepit # 7 e Application received by: Scheduled Planning aonalaission date: �[p 1 /o 90 Scheduled City Council date: �;Mey PUBLIC HEARIKO `BEFORE T"I+a a ,PLA*NING COMMt91O1i Y otice is hereby giverW. {fi be;-a Pubttc Hear lel' PjAnnthg Com fey,- Vlt)tticlpal Center, V, iy Aq��pue N.E. on thy, 5 lembe '�l!•1990 at 7:3 4kte p ton Of a y$�f p91r 16 b -, vensky, of the 64 ;to at1$w a o y b A QY ' 240 sq L4rt3,-Oak C g�, ed' 2 '" .c r R40 . .Any.60 a,. heardilWAbEen an t the a0a1Q 9#b ""me and pihce.' ' DOt411'k D BET�rl'�Q.LD 1.. :MAPDM iti1AN �IINi1�N4!"�ION Any , ;related'to th0;ltjam may 1 the pridtey.Cgm- munttt vetopment 0"011*!e1rt,' 571-3450: (Published In .the Frig mus -September 12&19f 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, September 26, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 16, by David and Valeria Slovensky, per Section 205.07.01.C. (1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road 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: September 12, 1990 September 19, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. PLANNING 9/7/90 David and Valeria Slovensky SP #90-16 MAILING LIST COUNCIL David and Valeria Slovensky Yvonne Graves 7234 East River Road N.E. 7255 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 John Wesserling Guy Hamman 29 Logan Parkway N.E. 7235 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 William Linton Clyde Borst 39 Logan Parkway N.E. Route 2, Box 277 Fridley, MN 55432 Longville, MN 56655 James Foss David Fox 59 Logan Parkway N.E. 7231 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Hall Thomas Bakeman 79 Logan Parkway N.E. 7221 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 William Hinderer William Hill 80 Logan Parkway N.E. 7217 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Engebrit Jay Perttula 60 Logan Parkway N.E. 7215 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Joan Thomas Anoka County 40 Logan Parkway N.E. 325 East Main Street Fridley, MN 55432 Anoka, MN 55303 Richard Smallwood Donald Lennox 7180 East River Road N.E. 7201 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Larry Clanton Planning Commission Chair 7210 East River Road N.E. Fridley, MN 55432 City Council Member Dolores Snider 81 Alden Circle N.E. Fridley, MN 55432 Jon Koppes 61 Alden Circle N.E. Fridley, MN 55432 Richard Helton 60 Alden Circle N.E. Fridley, MN 55432 t COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP #9 - CITYOF 54 8/23/90 9/26/90 _ . ' aCcesscir bui 1 1 Que FRIDLEY 1240 . a COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. O?�ARB D COMMENTS MICHELE M. °'° � MARK JOHN F. DARREL C. OLY EMD LEON M. -3-,o _G), JIM H. BOB A. A)0 —12�7W W-coos✓ .� Z28'�- 13A STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE : September 26, 1990 FROLEY CITY COUNCIL DATE : October 15, 1990 AUTHOR rM/dn REQUEST PERMIT NUMBER SP #90-16 APPLICANT David Slovensky PROPOSED REQUEST To allow construction of a second accessory building, over 240 square feet. LOCATION 7234 East River Road N.E. SITE DATA SIZE 26,445 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1, Single Family Dwelling to the North, South, East, & ZONING and West UTILITIES N/A PARK DEDICATION N/A ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL N/A CONSIDERATIONS ---- - - - --- - ------ STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations RECOMMENDATION 13B Staff Report SP #90-16, David Slovensky Page 2 Request The petitioner, David Slovensky, is requesting a special use permit to allow the construction of a second accessory building over 240 square feet. It is the petitioner's intent to store his boat, lawn mower, and miscellaneous items in the second accessory building, which will replace two existing metal storage sheds currently on the property. The request is for Lot 29, Block 1, Oak Creek Addition, the same being 7234 East River Road N.E. Site The parcel is located at the southwest corner of the intersection of Logan Parkway and East River Road. There is a single family dwelling unit with an attached, two car garage on the parcel. The parcel is zoned R-1, Single Family Dwelling, as are adjacent parcels to the north, south, east, and west. Analysis The petitioner, by requesting the special use permit to construct the second accessory building, will eliminate the need for two metal storage sheds currently located at the rear of the parcel. Staff analyzed the parcel and determined that with the proposed accessory building, the lot coverage is only 8. 6%. The petitioner's lot is quite large (26,445 square feet) and there will be adequate space between the proposed accessory building and adjacent parcels (see attached site plan) . In addition, the petitioner will not need to provide a second driveway to the proposed accessory building; access to the structure will be from the existing driveway. The petitioner's existing driveway is only partially paved. Section 205. 07 .06.A. (2) of the zoning code requires all driveways to be surfaced with blacktop, concrete, or other hardsurface material. Anoka County has been improving East River Road to accommodate increased levels of traffic. This improvement requires an increase in the amount of right-of-way from 50 feet to 100 feet. The section of road in front of the petitioner's lot will be improved in the next few years, and the petitioner will need to grant an easement for additional right-of-way for this improvement. The County has not submitted its improvement plans to staff, so the width of the easement is not known. Recommendation and Stipulations As the proposed accessory building will have a minimum impact on the adjacent properties, staff recommends that the Planning Commission recommend approval of the special use permit request, 13C Staff Report SP #90-16, David Slovensky Page 3 SP #90-16, for a second accessory building, with the following stipulations: 1. Access to the second accessory building shall be through the existing driveway. 2. The petitioner shall work with staff to grant the easements needed for additional right-of-way for Anoka County to expand East River Road. 3. There shall be no home occupation in the second accessory building. 4 . The accessory building shall be architecturally compatible with the existing dwelling unit. 5. The petitioner shall provide a hardsurface driveway for the existing garage by September 30, 1991. Planning Commission Action The Planning Commission voted to recommend approval of the request with the following amended stipulations: 1. Access to the second accessory building shall be through the existing driveway. 2 . There shall be no home occupation in the second accessory building. 3 . The accessory building shall be architecturally compatible with the existing dwelling unit. 4. The driveway issue shall be reviewed in two years. The petitioner shall provide a hardsurface driveway for the existing garage within one year of Anoka County completing the East River Road improvement. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. SP #90-16 David Slovensky SEC. /O, T. 30, R. 424 C/TY OF FRIDLEY /3 n MLOGAN ,,. 'a.' PKWY.Qz r Zi 1t Z! 17 .r W Qz 4f •til �/� ;i �' f r A�ncN /, 1♦: ln: // a ;'� i •, eo` ,tee ,. .� ""rns_> 35. r %n n` � WO 0S) ; ; > (X. � ♦ ,�. J 6. 3� 9`I off // � 1, T! ... K r,.� '6/s�. �,r 'M, pry '� :. ♦ to A .r y„' i r"; B��,....-j..: �. L �� MANOIPHICK TER ACE o� (� _ • r -J• L ' _-_.� L^ ��.1,- __- i _Q TN WAY.T N.E ra i I -a_ �r �\ t\ � (Sid. � i/` `',� �� / � _' <I / •% yI I I• rJ � F C+`i —•r–f-y r 1.k.�4 a- —�\ \,\i A H):11 D, ••. I•. /.�, J ...'f! ;i/). J MC 5 69 TN. WAY�1N E•' �� I ' AV 20 LOCATION MAP SP #90-16 David Slovensky 131 8 tr 4 3 1 / ! PARKWAY 6 10 Ii 22 17 P4 25 Z6 Z7 ID + 7 • � 9 L /D 'R LL, /t D 9/ I e ,\ • 2 a2 I 6 Q • 1 3 E La u_Ja 0 � Zvi 1 3 2 ' ♦ • ti > J RIVER* woo s , 2e' a � _ e Q i • 71 ST Wd E 2 t e4 N'S 0/11CK • 3 TEfIl7 CE �► E 7 N0. 77 2b eQy ♦ I A jU S i .22 3 j. K WA n Q R • I e > N µ� GIRL SCOUTS 415 It AMP LOCKSLEA i 3 n v JY ZONING MAP SP #90-16 David Slovensky v j 1� .%7i N 'v I SIDE ELEVATION SP 490-16 David Slovensky t E v 0 U f f 1 S 4 FRONT ELEVATION A REFERENCE PUkP TY IS NOT RESP ACCURACIES I 45 41 5 o.r we,, E.//4 CORNER Ae 6 10 `a \ PKWY. } 6 Lu ` y e 0 r ,Z4 0` 1S scg' W s7 1 �s W.two , f �� Q • W r i Cj� I AlDEN' rnc 'III O l t r I 21 N "KE A& AVE: 7 154FI 4044) 704 ddma AV • , ....:� 79 ,n , tarWAX /Arty f s1yN.. �Ie �I , { ""= fig �• 3 7rIS �K1' F/ �. RA (l) �''� r �� • (n) i SP #90-I6 David Slovensky 13J 10 iozoY o . , _ co 24_ 1 LU v Im c d W 3 SITE PLAN PLANNING COMMISSION MEETING OCTOBER 10 1990 PAGE 5 might be profitable for Sears or the property owner to add onto the building and correct the situation. Mr. Bushey stated there are a lot of lives involved, he and his family included, and he is going to be trying very hard in the next four years to make it work. But, right now, they do not knew what will happen in four years. In the meantime, Sears mana94ment is also pursuing another Fridley location. �f Mr. Betzold stated that maybe the Commission shoiAld deny the special use permit, and that will force the issue ith Sears. Ms. Modig stated she did not agree. This is a usiness that has been in Fridley for 20 years. If they deny th special use permit and force the issue, they may lose Sears alto ther. There are too many vacant buildings in Fridley now. Sh would be in favor of approving the special use permit with the stipulation that it be reviewed in four years, and then maybe so thing more permanent can be done at that time. MOTION by Ms. Sherek, seconded by Ms Modig, to recommend to City Council approval of special use pe it, SP #90-06, by Bob Bushey of Sears Outlet, per Section 205. 5. 0i.D. (8) of the Fridley City Code, to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally lo c ted at 1000 East Moore Lake Drive N.E. , with the following sti dations: 1. There shall be o more than one live and three dropped trailers locat d at the rear of the Sears Outlet building at any time. 2 . The peti oner shall work with staff on appropriate screeni and landscaping and the appropriate location for th screening at the west end of the building. 3. Th special use permit shall be reviewed in four years o sooner if the tenant leaves or any expansion of the uilding is undertaken. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE TION CARRIED UNANIMOUSLY. M . McPherson stated this item will go to City Council on Monday, ctober 15, 1990. 2 . PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT, SP #90- 16. BY DAVID AND VALERIA SLOVENSKY: Per Section 205.07.0l.C. (1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E. PLANNING COMMISSION MEETING, OCTOBER 10, 1990 PAGE 6 NOTION by Ms. Modig, 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 BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated 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 East River Road and Logan Parkway. The property is zoned R-1, Single Family Dwelling. Currently on the site is a single family dwelling with an attached two car garage. Ms. McPherson stated the proposed second accessory building will be located adjacent to the garage area of the existing dwelling unit and will be used to store the petitioner's boat, trailer, lawn mower, and miscellaneous items. The petitioner will be accessing the second accessory building from the existing driveway which currently accesses East River Road. The petitioner's driveway is only partially paved and should be paved based on the Zoning Code requirements. Ms. McPherson stated the petitioner's lot is larger than the average lot in the City of Fridley. The lot coverage with the proposed accessory building is approximately 8.6%. Ms. McPherson stated Anoka County has been slowly improving East River Road to accommodate increased levels of traffic. The improvement requires an increase in the amount of right-of-way from the existing 50 feet to approximately 100-120 feet. In speaking with Anoka County staff, this is actually a federally funded improvement project, and they have not yet started the construction drawings for this portion of East River Road. The amount of additional right-of-way that will needed is not known at this time. Ms. McPherson stated the petitioner will need to grant easements for the additional right-of-way for the expansion of East River Road at some point in the future. The expansion has been scheduled for either the 1992 or 1993 construction season. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request as the proposed second accessory building will have a minimum impact on the petitioner's lot and on adjacent properties. Staff is recommending five stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. The petitioner shall work with staff to grant the easements needed for additional right-of-way for Anoka County to expand East River Road. PLANNING COMMISSION MEETING, OCTOBER 10, 1990 PAGE 7 3. There shall be no home occupation in the second accessory building. 4. The accessory building shall be architecturally compatible with the existing dwelling unit. 5. The petitioner shall provide a hard surface driveway for the existing garage by September 30, 1991. Mr. Dahlberg asked about the intent of stipulation #2 relative to easements needed for additional right-of-way for the expansion of East River Road. He stated the reason he is asking this is because he lives on East River Road, and the County actually purchased property from him to expand the road. It was not a question of an easement. Because of the expansion, his property is now nonconforming as far as the front yard setback. Ms. Dacy asked if Mr. Dahlberg is saying that it could be inferred from this stipulation that the property owner would grant easements with no compensation from the County? And, by eliminating that stipulation, then there is no issue and the County has to approach Mr. Slovensky? Mr. Dahlberg stated that is correct. He stated it is in Mr. Slovensky's best interest to have the County come to him. If this stipulation runs with the special use permit, then potentially the City has to be involved in whatever negotiations occur relative to the County acquiring property or acquiring easements. He did not think that type of City involvement is suitable. Ms. Dacy stated Mr. Dahlberg has a very good point. She stated staff's intent was to make sure that the easement is somehow conveyed, but she agreed that the City may not want to be caught in the middle of any acquisition issue. Mr. Betzold agreed. The County can always go through the condemnation process if they cannot acquire the property. Mr. Dahlberg stated it might be appropriate to have something in the stipulation relative to noncompliance to setbacks, because of the property taken by the County. As in his case, if he wants to put on an addition to his house, he is restricted because he is now nonconforming relative to the front yard setback. Mr. Slovensky stated he would like to address stipulation #5. He added onto his garage about six years ago. He added on a 12 ft. x 20 ft. gravel section for parking his truck. The fifth stipulation is requiring him to hard surface his driveway by September 30, 1991. He would prefer to wait until the County widens East River Road so that he can tie his driveway in at that time. He stated he could hard surface his driveway now, but would PLANNING COMMISSION MEETING, OCTOBER 10, 199_0PAGE 8 have to tear it up again when the County expands East River Road. The County resurfaced East River Road about 6-8 years ago, and the pavement is 2-3 inches above his driveway now. Mr. Dahlberg stated Mr. Slovensky has certainly done a nice job of being conscious of how his property looks and in screening outside storage items. He did . not have a problem with delaying the completion date for the hard surface driveway. Mr. Betzold suggested that staff review the status of the East River Road expansion in two years and then put a cap of one year after the expansion is completed for the driveway to be completed. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-16, by David and Valeria Slovensky, per Section 205.07. 01.C. (1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E. , with the following stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. There shall be no home occupation in the second accessory building. 3 . The accessory building shall be architecturally compatible with the existing dwelling unit. 4. Staff shall review the driveway issue in two years, and the petitioner shall provide a hard surface driveway for the existing garage within one year after the completion of the East River Road upgrade. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on Monday, October 15, 1990. 3. ESTABLISH PUBLIC HEARING FOR OCTOBER 24 ,,1-990 FOR LANDSCAPE ORDINANCE• Ms. McPherson stated a public hea g has been established for the October 24, 1990, Planning C ission meeting. She stated Mr. Robertson and she will be esenting a summarized version of the r'� COMMUNITY DEVELOPMENT 13 rM DEPARTMENT CIWOF FMDLEY MEMORANDUM DATE: October 11, 1990 �`,�• TO: William Burns, City Managerr�►' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-16, by David Slovensky Attached is 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. Access to the second accessory building shall be through the existing driveway. 2 . There shall be no home occupation in the second accessory building. 3 . The accessory building shall be architecturally compatible with the existing dwelling unit. 4 . The driveway issue shall be reviewed in two years. The petitioner shall provide a hardsurface driveway for the existing garage within one year of Anoka County completing the East River Road improvement. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-90-732 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13,1990 P&GE 14 Councilman Billings stated that he would not support a motion to approve the rezoning this evening as he was not prepared to v e on the issue at this time. He stated that there are a numb of questions involved with the special use permit, and he is sitant to rezone a parcel of property without knowing exactl hat will be located on the site. He stated that he did t want the rezoning to move along , and the project fall ap because of problems with the special use permit. Mr. Schrader stated that the petitioner as provided all the preliminary information and did not w what else could be provided in order for the Council to a their decision. Councilman Schneider stated tha if the auto body repair was eliminated, he would be in fav of the special use permit. Mr. Schrader stated tha he would be happy to supply any information the Counci would like and will contact them to determine what thos items are so they can make an informed decision. 11. FIRST RE NG OF AN ORDI CE TO AMEND THE CITY CODE OF THE CITY OFV*�FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING ST S• MOTIO by Councilman Schneider to table this item. Seconded by Co Gilman Billings. Upon a voice vote, all voting aye, Mayor Nee Glared the motion carried unanimously. 13. RECEIVE ITEMS FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 10, 1990: A. SPECIAL USE PERMIT. SP #90-16, BY DAVID AND VALERIA SLOVENSKY TO ALLOW A SECOND ACCESSORY BUILDING, OVER 240 SQUARE FEET, ON IAT 29, BLOCK 1. OAK CREEK ADDITION. GENERALLY LOCATED AT 7234 EAST RIVER ROAD N.E. : Ms. Dacy Planning, Coordinator, stated that this is a request for a special use permit to allow a second accessory building. She stated that the Planning Commission recommended approval with four stipulations. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-16, with the following stipulations: (1) access to the second accessory driveway shall be through the existing driveway; (2) there shall be no home occupation in the second accessory building; (3). the accessory building shall be architecturally compatible with the existing dwelling unit; and (4) the driveway issue shall be reviewed in two years. The petitioner shall provide a hard surface driveway for the existing garage within one year of Anoka County FRIDLEY CITY COUNCIL MEETING OF OCTOBER 15,1990 PAGE 15 completing the East River Road improvement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT. SP #90-06. BY BOB BUSHEY OF SEARS OUTLET TO ALLOW EXTERIOR STORAGE OF MATERIALS ON LOT 1. BLOCK 1. SHOREWOOD PLAZA, G&NERALLY00 EAST MOORE /LAKE DRIVE N.E. • Ms. Dacy, Planning Coordinator, stated that this is a r est for a special use permit to allow the outside storage of semi-truck trailers at the Sears Outlet store. She stated that proximately a year ago, Sears applied for a building permit construct a loading dock, and a stipulation was placed on the ermit that the outside storage of trailers cease. She stated th t Mr. Bushey has been told he should remove the trailers, as not d in the building permit stipulation, or apply for a special us permit. Ms. Dacy stated that last summer the petitio er appeared before the Planning Commission in order to allow the utside storage of five trailers, and the Commission recommended a petitioner investigate the alternative for an addition. She stated that at that time, in June, Sears was investigating th possibility about leasing space across the street from their ore, and the item was tabled by the Commission. She stated that r. Bushey also contacted Sears management regarding an addition nd they advised they could not afford to make this addition. Ms. Dacy stated that she met th Mr. Bushey to try and reduce the impact of the trailers. Sh stated that fencing and landscaping options were discussed. Sh stated that at the Planning Commission meeting on October 10, th Commission recommended approval of this special use permit with ree stipulations which she outlined. Ms. Dacy stated that she b ieved the Commission was sympathetic to Mr. Bushey's lack of spac , and they have also leased space across the street. Ms. Dacy stated t t in reviewing the site, it was felt landscaping should be prov'ded; however, fencing would prohibit vehicular movements. Mr. Bushey ated that they did not have the trailers on the site with the i ention of breaking the law, but they do have a problem with spa He stated that they are looking at another site in Fridley t I-694 and Highway 65, but have been discouraged by the high t xes. He stated that Sears backed off on the addition becau a of the length of their present lease and the possibility the' current building will be demolished. C ncilman Billings asked how long Sears has been using the semi- railers. CITYOF FMDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 18, 1990 David and Valeria Slovensky 7234 East River Road N.E. Fridley, MN 55432 Dear Mr. and Mrs. Slovensky: On October 15, 1990, the Fridley City Council officially approved your request for a Special Use Permit, SP #90-16, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E. , with the following stipulations: 1. Access to the second accessory building shall be through the existing driveway. 2 . There shall be no home occupation in the second accessory building. 3 . The accessory building shall be architecturally compatible with the existing dwelling unit. 4. The driveway issue shall be reviewed in two years. The petitioner shall provide a hardsurface driveway for the existing garage within one year of Anona County complei my ciie East River Road improvement. If you have any questions regarding the above action, please call the Planning Department at 571-3450. nc ely, arbara Dacy Planning Coordinat BD/dn David and Valeria Slovensky October 18, 1990 Page 2 Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by November 1, 1990. 011 Concur with actio taken 929951 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY III the Matter of a special use permit. SP #90-16 SPECIAL USE PERMIT _David and Valeria Slovenskv , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 15th day of nrtnhPr , 19 90 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow a second accessory building, over 240 square feet, on Lot 29, Block 1 , Oak Creek Addition, generally located at 7234 East River Road N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1 . Access to the second accessory driveway shall be through the existing driveway. (over) 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 he City of Fr ley, Minnesota, in the County of Anoka on the day of a'pct a--tv DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. AAPALA, CITI CLERK � J t9 � (SEAL) 2. There shall be no home occupation in the second accessory building. 3. The accessory building shall be architecturally compatible with the existing dwelling unit. G. The driveway issue shall be reviewed in two years. The petitioner shall provide a hard surface driveway for the existing garage within one year of Anoka County completing the East River Road improvement. FRID • Y CITY 00UVVIL MEETING OF OCTOBER 15.1990 PAGE 14 Councilman Billings stated that he would not support a motion to approve the rezoning this evening as he was not prepared to vote on the issue at this time. He stated that there are a number of questions involved with the special use permit, and he is hesit to rezone a parcel of property without knowing exactly wha ill be located on the site. He stated that he did not nt the rezoning to move along .and the project fall apart ecause of problems with the special use permit. Mr. Schrader stated that the petitioner has provided all the preliminary information and did not know at else could be provided in order for the Council to make eir decision. Councilman Schneider stated that i the auto body repair was eliminated, he would be in favor o the special use permit. Mr. Schrader stated that would be happy to supply any information the Council ld like and will contact them to determine what those i as are so they can make an informed decision. 11. FIRST RE'hr' AN QEDINANCEND THE CITY CODE OF THE CHANGECITY OF MINNESOTA, By MAKING A N G MOTION Councilman Schneider to table this item. Seconded by Cou man Billings. Upon a voice vote, all voting aye, Mayor Nee d ared the motion carried unanimously. 13. RECEIVE ITEMS FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 10 1990• A. SPECIAL USE PERMIT SP #90-16, BY DAVID AND VALERIA SLOVEN TO ALWW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET, ON LOT 29 BLACK 1 OAK CREEK ADDITION GENERALLY LOCATED AT 7234 EAST RIVER ROAD N.E. : Ms. Dacy Planning, Coordinator, stated that this is a request for a special use permit to allow a second accessory building. She stated that the Planning Commission recommended approval with four stipulations. MOTION by Councilman Fitzpatrick to grant ffi cial Use Permit, SP #90-16, with the following stipulations: accessto the second accessory driveway shall be through the sting driveway;: there shall be no home occupation in the second accessory buil the accessory building shall be architecturally compatible with e existing dwelling unit; and the driveway issue shall be reviewed in two years. The petit ner shall provide a hard surface driveway for the existing garage within one year of Anoka County FRIDLEY CITY COUNCIL IMZTING OF OCTOBER 15.1990 PAGE 15 completing the East River Road improvement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT. SP 990-06 BY BOB BUSHEY OF SEARS OUTLET ALLOW-TO SHOREWOOD PLAZA, GENERALLY DRIVE N.E. : Ms. Dacy, Planning Coordinator, stated that th/r. Bushey requ st for a special use permit to allow the outside sts i-truck trailers at the Sears Outlet store. She statep oximately a year ago, Sears applied for a building peonstruct a loading dock, and a stipulation was placed on it that the outside storage of trailers cease. She stated . Bushey has been told he should remove the trailers, as nohe building permit stipulation, or apply for a special use .Ms. Dacy stated that last summer the petitionerd before the Planning Commission in order to allow the ou ide storage of five trailers, and the Commission recommended the jetitioner investigate the alternative for an addition. She st ed that at that time, in June, Sears was investigating the p sibility about leasing space across the street from their stor , and the item was tabled by the Commission. She stated that Mr. shey also contacted Sears management regarding an addition and hey advised they could not afford to make this addition. Ms. Dacy stated that she met with Bushey to try and reduce the impact of the trailers. She st ted that fencing and landscaping options were discussed. She st ed that at the Planning Commission meeting on October 10, the Co ission recommended approval of this special use permit with thre stipulations which she outlined. Ms. Dacy stated that she believ d the Commission was sympathetic to Mr. Bushey's lack of space, a they have also leased space across the street. Ms. Dacy stated that reviewing the site, it was felt landscaping should be provided* however, fencing would prohibit vehicular movements. Mr. Bushey stat that they did not have the trailers on the site with the inten on of breaking the law, but they do have a problem with space. a stated that they are looking at another site in Fridley at 694 and Highway 65, but have been discouraged by the high taxes He stated that Sears backed off on the addition because the length of their present lease and the possibility their c rent building will be demolished. Counc lman Billings asked how long Sears has been using the semi- trai ers. z 929951 Gumtor Remded Cbeaked Margin Tr.Index c. hs I> n.� rs� OFFICE OF COUNTY RECORDER V� STATE OF MINNESOTA,COUNTY OF ANOKA hereby cer'.ity that the w'stf n irlstru- Cl,°'' sant was fled in th?s ofl;e for record on the JAN 2 /v o'clockA M.. and vas duly recorded a- � .ey Recorder , O c� B oepnr SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432