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SP80-06CITY OF FRIDLEY PLANIU.NG C013MISSION MEETING, JULY 23,• 1980 CALL TO 01WER: Chairman Harris called the July 23, 1980, Planning Commissioft meeting to, order at 7:36 p.m. ROLL CALL: Piembers Present: Mr. Harris, Mr. Treuenfels, Ms. Gabel (for Ms. Schnabel), Ms. Hughes, Mr. Wharton Members Absent: Mr. Langenfeld, Mr. Oquist O;.hers Present: Jerrold Boardman, City Planner Jerome Christenson, 6260 Starlite Blvd. NX. Wallace Searle, 6231 Starlite Blvd. N.E. Mr. & Mrs. Carl Christensen, 9950 Cottonwood -St. N.W. Mr. & Mrs. Charles Langer, 6530 Eickory St. N.E. -14r. & Mrs . -Louis Nash, 6509 East - River Road N.E. Lucille A. Skovra_n., 6003 Gardena Circle Forrest Melville (D & E Construction), 6426 Markwood Drive; Crystal Edward Jonak, 133 Craigway �s,E. Hary Ann l opp - Applafw.kT, CF jiff Y 9, 1980, PLAIgR-'S.NG COMA LSSI.O 3 -I1UNU'7.'ES: NOTION by Its. Hughes, seconded by Ms. Gabel,: to continue the approval of the *f- fanning Conunission- minutes at the end of the agenda. Upon a voice vote, all voting aye, Chairman. Harris declared the motion carried unanimously. 1. COIN".:IIRJED PUlii:,IC 1iEiRING: P.L''QiiEST FOR A ,SPEC.' . ITSE PERMIT, SP #80-06, BY jimair. ClinSTE.NSON: Per Section 205.051, 2, A, to allow the construction of a second accessory building, a 30 ft, by 26 ft, detached garage on. Lots 10 .and. 11, Block 4, Sylvan Mills Plat Three, the same 1.seintr ,62LOD Starli_te I 11 ,d, (o ZSo - /9 ®Ar Ile ®$ 4.--r. Public Hearing closed. Nix. Boardman stated that at the last Planning Commission meeting, the Commission requcsted a legal opinion on khat to do.with this second accessory builling. Ile had talked to Mr. Merrick and Mr. Herrick indicated that they could tie that property legally to the other lot without any. problems as far as mortgage problems. Mr. Merrick had indicated ,that the only way the mortgage compiny could spread that mortgage over two lots would be if Mr. Christenson himself signed an agreement to do so and that it would not automatically cover both lots. PL&N'NTNC CCUf.OUSSION Mt*ETINC JULY 23, 1: X80 — PACE 2 Mr. Boardman stated that Mr. Herrick felt this was the only way of tYandlin�; a second accessory building, because it was illegal to construct a garage on. ' __ .._...__._ a_lot that did not have a main structure. `i'Iae only way to do it is through a special use permit, but tic the two lots as one lot- which would.reyuire i lot split before Mr. Christenson could sell off any part of the property. Mr. Harris asked if there was anyone in the audience who wished to make a statement concerning this item. As no one responded, Mr. Harris stated that the Planning Commission would not reopen the public hearing. Mr. Harris stated he had thought long and hard about this and had looked at the area, He could understand the peti.tioner's desire to build a second accessory building and could also understand the neighbors"concerns that the second accessory building might be used for auto body repair or repair of automobiles, also that it might be used as a n.eighborhood sales lot. Ile stated that if the Coninission does*recommend approval of this special use permit, he felt some stipulations should go with 'the recommendation that would restrict the use of that building. Ms. Ilugbes stated that something similar had happened.in her neighborhood xaffiere a neighbor expanded a two -car garage to a four --car garage to do auto repair, and it has not been a problem as long as the garage door is kepi: closed. In most instances .in these kinds .of neighborhoods, she was convinced that: the noise and general. appearance could be controlled., but she was not in favor of special use pi-xmit:s a.11 the time. The Planning Commission seems to a lot of theca: She stated -that it_seemed they might be doing the neighbx•hooa a favor by allowing; this special•'use permit to get some of the vehicles under a roof. Ms. Gabel stated she agreed with. 14s. Hughes. It was her feeling that: this Naas a nice neighborhood and it might be to the neighbors' advant:at;e to get the vehicles out of sight. Repairing cars isnot an allowed use in that neigliborhood$ and if that is happening, it can be resolved .on a co4iplaint basis, 'Mr. Harris stated that the Commission can make that stipulation so that the neighbors and Mr. Christenson Icnow that the building is being built strictly for storage and not for a home occupation of automobile repair or that type of thing. Mr. ldharton stated that at the last meeting,.one of the neighbors had indicated that there.were "too many garage sales:" Ile stated that would be a hard thing to regulate, but it- was a neighbor's concern and lie wanted to bring it up. Ms. Hughes asked Mr. Christenson if lie had gotten any legal advice on this procedure, Mr. Christenson stated he had not, but- he vris not interested in the special use pormit if it involved making one lot oui. of two lots.. .y-.quia?•n..,..-...r.,?e.vwo+C�.t,..•.. �. ........� �, z�,.,n.«....a;w:;.:�•.*,+ve.._..r 5.•^e.., n^y.'q....•: '^.Yp "'�. [ ". .. ,.�,. �v;^,Y•, d"'•+•-yo<.r'Tr+`v"'P".?;f'an'..i.,Effig•«fl �,•ane�,+fit;'q•. Ps �•R�t.uy.ln•iy'�s?3:fi . ,n..a ..q.... ... n 1980 +.'AG1? 3 Iql , }ioalrclnvan c:,:1�3ai.nccl Lll:it theygat r.0 no[-actually walci_ng it into one `3.ot. 1lley ln:re tieing t:iu1.taro Iots Lo�;eLh: s Cao that MU- Chr_ist:en>on could not Sell the: one lot- without: obtai-ni_n ; • a lot: spl.:i-t . The nlortgal;e on the one lot- nad the description of the lot t:hat Llle lnort-g Ige is tied to is the same description and the same lluull-,er, l,l1aL the Ci-Ly if, dc,illf; i.s legally binding. Ii.r.. Clla:i_S; Cllson Or, anyone N-rho oxalis the property so that Ile cannot sell 'Athcut lot !;plat. The City r-71x3_ not ta approve a lot split unless there is ;etL'ing a llou's4 attached to the garage lie is plan-ning to build. Ii0TI0?v �� TSs. Tluglles," seconded by 1`ls . Gabel`to recolrmlend a3]�irova3 to C_i� -" —_ -��_ ^ --� a`-°_-0-06 by. Jcl:r�lne Christensont..-- Counc_l of_a_recuest for .a s )ccial- u;�c )ermi_t, SI ''� — I'cr Section 205.0512 !: to alloy the c_o_ns truct:i.on of a second accessory bui.3.din a 30 it: l y 26 it. detached garrwc on Loos 1-0 and 13., Block 4, S�*}.van lli.3.l.s Plat: `111rec the saiiic ]�c_i.nt; 6260 Starli:tc� Blvd . I:.L . , �rl.ih the • i:o31_olri.11.•, �ti.'?alation ` - - - - tho bui_3_djng be used for st.ol:a e and as a gara-c for T n�r cars _ — lie,_-- 2.'Cleat i_Ilere be no autornotiive body or en ,ine rej�nir done on the J�a:o)^i-ty as a home P occul)ati011.- 3. Tl)at: the ro Ca:ty s}loul(l not be used for retail sales of T� _--- -- ------ — alzto:_,o';;.les oz autolrcbi.3,e lccessori.es 4. That 'Llie logs SIV-111. l"�e 1a3.3_}* t.7.ed iop,ether. and any separate _ _ :> 11-e c i the loC will. rc �:It.li r.0 7.ot ;}13 i.t r)p,�;. ova3_ by Che City. I! Poll A V010E VOa:L•', ALL VOTING AYI:?, C11Jtil }v`1ht; T ttlt'. ;.IS I)t.C7; ^S.E D THE Ii0T10N CARRIED 1Jig='1; T1-,0T_ SL'a' e Mr. Boardman staLCd that: if Mr. Chris tells o-0.'lai_shcc1 to withdraw his request at any time, he must submi_L a tette]: to the City. Iir< Ilarris stated. that: SP `80-05 L,as recoinne"dEld for. approval to City Council and :,Tould go. before City Council oil Aug, 4, 3.980. 2. Ci1'v`T:I:I�l1i,D _}?lT]37 =+ C IT %il :I TSG Y 11' '_�r:! TTC; )?'v':,.t�'� ra.: 7,n.!1f 80,03. 111 CA1;L r; e +tC0 T0i1'.-_ ,.:cr.o1;C Lots 22, 2.3, d 2�t fro:l� 3 -°r. ial nlul L]1: tami.ly enrol i_11g,)to 0-2 (Sener_a3. bus' less ar(.' s), and '.ot 23_ fron t;R; 3..(gcn.eraI office ' li_mit:ed bus' aess) to C-- _ (gcllc'ral3. usine:;41 a:cras), all 10t~:_etc-.-1:11 T3.t_oClc i'r.idl -y Pari:, to Tl ice 'L011i.11(; C'Ol �i:,''L'' "l t: \,'1 t:ll llSc: O ti1C )j-opo -y aS all aUt. l)Ody ShCill, the Baillie ] C:i.11`, _-- _)"ond. N.E Public. 116.-ir:ia opcl . 1`il:. 11.l i.fi sta 'e'Cl thlis it:. '1.1 it'aas (.'01.1,-i) ped f-cc, CCaLIiC 1CaS ltOt 111-"1Cllt , -.-- t Til'. Ii(�° I"l:lll st;alted t1w rea1;1O1 lie llQi 11rCS(11t ill .tit(`_ IASL ll)CCt i.ilt;'ld:l:: lh`l.alUS,2 Lli_;] 1'_Ot: ): `l'L.:1_VC 11;.:1 11oLice of public hearing 1.11 the GVQ REGWR COUNCIL MEETING OF AUGUST 4, 1980 PAGE 5 T CONSIDERATION OF SPECIAL USE PERMIT, SP 180-06, TO ALLOW CONSTRUCTION OF SECOND ACCESSORY BUILDING, A DETACHED GARAGE, 6260 STARLIT' BLVD., JEROME ( CHRI STENSON : Mr. Flora, Public Works Director, stated the planning Commission has recommended approval of this Special use permit with several stipulations. These are (1) That the building be used for storage and as a garage for parking cars; (2) That there be no automotive body or engine repair done on the property as a home occu- pation; (3) That the property should not be uses for retail sales.of automobiles or automobile accessories; and (4) That the lots shall be legally tied together, and any separate sale of the lot will require lot split approval by the City. 7 Councilwom n Moses asked Mr. Christenson if he had any problem with the above stipulations. Councilowman Moses stated that legally the City can't have a lot that only has a garage. Mr. Christenson stated he didn't want the two lots combined as the vacant lot is all paid for and he has a mortgage on the.other lot. _.._.. Mr. Kerrick, City Attorney, stated the only way the City could grant a special use permit for the garage is if it is an accessory building to a main building. Mr. Herrick stated joining the two lots wouldn't affect the mortgage, but would require Council approval before he can sell the lot independent of the other lot. Mr. Oreshi, City Manager, stated a document would be filed on the lot, where the proposed garage would be located, to indicate the lot cannot be sold with- out prior approval of the City Council. Mr. Christenson stated he would have no problem with this requirement. Mr. Christenson stated if he didn't need a lot split, he would have no problem with getting approval from the Council before he sells the lot. Mr. Qureshi stated the City didn't want a lot with a garage only, but wanted to make sure there would be a structure onn, the lot to go wtih the garage. Mr. E._ri,ick stated an agreement should be ent:red into with the petitioner and this filed with the deeds on both lots so th?.t.if a potential buyer were to examine the abstract, he would find there is an agreement that the lot cannot be sold without obtaining approval from the City Council. Councilwoman Moses asked Mr. Christenson if he had any problems with the other stipulations recommended -by the Commission. Mr. Christenson stated he had no l problems with these stipulations. Mr. Myron Sjostrom, 6240 Starlite Blvd., a neighboring property owner, stated he would prefer to see the garage constructed in order to house the vehicles. MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP X80-06, to allow construction of a second accessory building with the following stipulations: (1) That the build- ing be used for storage and as a garage for parking cars; (2) That there by no automotive body or engine repair done on the property as a home occupation; (3) That the property should not be used for retail sales of automobiles or auto- mobile accessories; and (4) That the petitioner sign an agreement with the City tying these two lots together so that Lot 11 could not be sold separately, with- out prior approval of the City Council. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of July 23, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all ( voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CABLE TV MINUTES OF JULY 10, 1980: MOTIO by ouncilman Sch eider rec e the minute of the le Television Commis ' n Meeting of Ju 10, 198 Seconded by C uncilwoman Upo voice o , all voting ay Ma Mee lared the m tion.carr' d una y. 204 REGULAR MEETING OF AUGUST 4, 1980 PAGE 6 T CONSIDERATION OF ITEMS FROM ENVIRONMENTAL QUALITY COM14ISSION MEETING OF JULY 9, 1980: ICS CORPORATION Councilman Schneider asked what information has been proviXtotheEnvironmental Quality Commission. Mr. Flora, Public Works Director, stated there have been nce May 26 and all information received by the City has been p sQmmission. Mr. He ick statedthat Medtronic and Boise Cascade h e entered into a contract d information has been supplied to the P ution Control Agency. He stated t t Onan has not changed its position d had a feeling the Pollution Cont I Agency will probably be askin he Board for authority to take legal ac ion. Mr. Qureshi, City M ager, stated all info ation regarding this problem has been furnished to the Commission and aff will continue to provide information regarding rther developme s. REQUEST FOR INFORMATI N ON JOINT OWERS AGREEMENT LOCKE PARK) PLANNING.COMMISSION M NUTES OF /9/80): Mr. Qureshi, City Manager, s ate staff would provide this information to the commission. AS CITY OF FRI Mr. Flora, Public Works D'rector, tated it is recommended the Environmental Quality Commission inves 1gate the rganizations in the City that would be interested in a clean -u -week to se what support is available and what can be accomplished. /,aced there is considerable expense and liability if the City does a weclean-up of t•a_-^ and debris and obtains a contract to dump what is coed. Councilman Barnettted the schools ave activities planned for Earth Week and felt theyld be contacted. MOTION by Counci man Schneider to designat Earth Week as Clean-up=week in the City in Apr' , 1981 and request that thip, Environmental Quality Commission seek out other rganizations in the City to elp implement the clean-up project. Seconded by Co ncilman Barnette. Upon a voic vote, all voting aye, Mayor Nee declared the tion carried unanimously. MOTION by Co ncilman Fitzpatrick to receive the 'nutes of the Environmental Quality C fission Meeting of July 9, 1980. Secon ed by Councilwoman Moses. Upon a voi vote, all voting aye, Mayor Nee declar the motion carried unanimous1 ti MI Mr. reshi, City Manager, stated he heard the Webb Publishing Company was 10o ng for a plant site in the northern suburbs of the Twin C� y area and in rmation was prepared regarding potential sites in Fridley a be met w' h the Company representatives in St. Paul. He stated Webb has chosen a } ite in the Great Northern Industrial Center, subject to obtaining n I industrial revenue bond. He stated Webb Publishing is a reputable, ell - established company and this building would be in addition to their a isting plant. _ ... Jerome Christianson 6260 Starlite Blvd. Fridley, Mn 55432 r 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE 1612)5713450 CITY COUNCIL August 19, 1980 ACTION TAKEN NOTICt I On August 4, 1980 1 , the Fridley City Council officially approved your request for Special Use Permit, SP `8J-061 .t hi,iicl a nage on Lot with the stipulations listed below: 11, Block 4, Sylvan Hills Plat Three I. That the building be used for storage and as a garage for parking cars. 2. That there be no automotive body or engine repair done on the property as a home occupation. 3. That the property should not be used for retail sales of automobiles or automobile accessories. 4. That the petitioner sign, and have notarized the MUTUAL AGREMENT enclosed with this letter, and return it to the City, along.with a signed copy of this letter. (If you want to bring the MUTUAL AGREEMENT in to the City, your signature can be notarized by the City, by one of two notaries.) If you have any questions regarding the above action, please call the Comatunity Development Office at 571-3450, Sir�•ely, JLB,/de City Pl anner+ - ­ , Please.review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Gcnc lr i'th action taken. q_ STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS AGREEMENT Made and entered into this 13th day of RQyambpr , 19 80 , by and between the CITY OF FRIDLEY, a Minnesota Municipal Corporation, located in. Anoka County, Minnesota, and.JEROME CHRISTIANSON, OWNER. WHEREAS, the owner owns the following described property: Lots 10 and 11 Block 4, Sylvan Hills Plat Three, the same being 6250 'and 6260 Starlite Blvd. N. E. WHEREAS, the owner has applied to the City for a Special Use permit to construct a garage on lot 11; and WHEREAS, in order to meet the requirements for the construction of said garage, all of the above described property is -required. A NOW, THEREFORE, be it agreed between the parties that the owner, his heirs, successors, or assigns will not convey any portion of the above described property to a third party without.the prior written consent of the City, BE IT FURIHER AGREED that- _tKi_s.Mutua_1_-Agreement shall be: recorded with the Anoka County Recorder and serve as notice of this Mutual Agreement to all third parties. i IN TESTIMONY WHEREOF, The said Minnesota Municipal Corporation has caused these presents to be executed in its Municipal Corporate name by its City ,;,manager this 3th day ofNQVember lg � i t • i 8 CITY OF FRIDLEY By Qures. M 1 asim '1 Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) il The foregoing instrument was acknowledged before me this 13th day of November, , 19 80, by Nasim Qureshi, City Manager, of the City of Fridley, a Municipal Corporation on behalf of the Corporation. � MMMhMN+MgMMA�.11, , J`MN+MM� v ANOKA � ;yi'`^�n; aien c:< ireS,_ct. 14, 1983 IN vTEST IN�(��lyl�v�HE�f2E'i;rysaid has hereunto set his hand this STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 13th day of Pdor�. 19 by THIS INSTRUMENT blAS DRAt,Eu 6Y: City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 0077A/0674A CLYDE V. MORAVETZ NOTARY PIiOUC — MINNESOTA a ANOKA COUNTY My Commission Expires Dec. 20. 1980