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SP 80-06Jerome Christianson 6260 Starlite Blvd. Fridley, Mn 55432 nK Auntie+ n CITY OF FRIDLEY 8431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE f 812)571-3450 rTTv rnimirTl August 19, 1980 approveu your request Tor with the stipulations lis Ar-rTnkl 'rAVCNS NlnrTOr the Fridley City Council officially Block 4, Sylvan Hills Plat Three on Lot /r 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 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.wlti h a signed -,copy of this letter. (If.you want to bring the MUTUAL AGGREEMENT 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 Community Development Office at 571-3450. Sirc•ely, JLB/de �ityvPlannery ..V - .. Please review the noted stipulations, sign the statement below, and return one copy to the City bf Fridley. on toKen. q_ 1'1=lnnl.n� Commission Meeting_ Wednesday, July 91980 Pap 2 �Mr. La ii state that he didn't halve anypr leen with rezoning the propert since. the property est to the sough was also C ]. zoning. Phis would not co titute spot rezon inf;. Mro dman sta.'ed that' if th Planning Co ission approv this requests Mr. Burnan' should' a aware of the requiremen of CR -1 zong ad ;cent to a esidetiLial - district i Mr. Burnan t 'tated that he had a copy, ."f the zoning regulation Boardman said that a sere ing fence would be re�qui ed when the property is co 'rted. Mr. Burnan t Mated that this was n; a requirement wenhe red `n the property tp the So 'th. die said that the C n` '1 allowed him to build y ` tho t the fence because the: .property owners ,to the North sal he Wn't want' the f nee b''iIt. The pr`perty manag r.of 910 de Drive, Just rth of the.petits ner's property) stat that she was // cerne about the pr ty being*rezoned to . conmlerc-ial She has tenants whic iface this property and i£ a s reening fence was put up it w 11 mean that some of lie tenants will be looking ata wall. Ile. Boar an said at the parking would mos t Iiy be located in the -front o the bulletin nd mayc use some problems for tto the north Mo 1(°� by M s. Hughes, seconded Mrthat t:he Planning Comm . Sion el.ose the pu,lic%hear ng on rezoning -request O�i, by Ted Burnandt. Up' a voicevote, 11 vti g aye, Chaii:r-:an Harris d clpublic hearing clo at 7:50 p.m. MOTION BY MS. UGHrS, SECONDED BY MR. FELD, THAT THE PL4�rI�NG ! SSION PC13PTriEND TO CI Y COUNCIL APPROVAL OF ON JG F,it2UEST, ZQA ��8V-2,,aY 1' BUIiNAPiJi,D/7/A S[dIAIG AL , TO REZONE PART OF T 3. UDITOR'S SUBDIVI. 25 (PARCEL 1100), F OA R-3 ( 'Itiple family dw 1 lugs) TO.CR-1 (ge eral ond li.ited business) T'tIL' SAMV921 :ING 921 IL LdIND ROAD N.E. UPON A V CE V E, ALL VOTING AYE, 1AIRMAI� HARRIS DE LAKED THE TION CARRIED UNANIMOU LY_.•. ,. 2. PUBLIC HEARING: REQUEST FOR A SPECT_AT USE 'PERMIT SP Y JPROME CIU'.I_S ZEtg7 w . �, .�.. 1 Per.' -Section 205.51 2, A, of -the Fridley City'Code, to allow the construction of a. second accessory building, a 30 ft.,- by -.26* ft. detached garage, on Lots 10 and ll, Block 4p Sylvan Hill Plat Three, the same being 6260 Starlite Blvd. N.E. Mro Jerome Christenson, the petitioner was present. MOTION by Mr. -Langenfeld, seconded by Ii-.. Wharton, that the Planning Commission open the public hearing on the request for a Special Use Permit, SP 180-06, by Jerome Christenson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 8:_02 p.m. Mr. Boardman stated that the petitioner is interested in building a 26 ft. :c 30 ft. garage on lot 11, and lie will use it as a storage garage. Mr. Boardman stated that the staff wants to tie the two 75 ft. lots together. Lots 10 and -i1 together Would make a 150 ft. lot. The special -use permit is for a 2nd accessory building. Thc: only way lie can build the garage is for the lot to be legally tied together. It is the petitioner's intent to build the garage now. �Pfiauning Commission Meeting Wednesday, July 9, 1980Page 3 Mrs, Hughes asked the petitioner how fast- he wound need -approval on the request? 1•1r.. Christenson answered that he wanted to start building the garage in the fall. Mr. W.K. Searle, 6231 Starlite Blvd. N. E. asked the petitioner how many cars he owned? lie said that the garage seemed large for a residential area, and that he Ireferred to keep it a residential area. He said that the petitioner had too many garage sales, and that he strongly opposed the petitioner's intent to build his garage. Mr. Harris asked .if there was any further discussion. Mrs. Hughes made the suggestion that the hearing be continued at future meeting. She asked the petitioner if he had any objection.to a slight delay. Motion by Mr. Langenfeld, seconded by Mr. Wharton thateE +-be planning Commission �._ close the public hearing on special -use penftt request,. SP #80-06.by'Jer6me Christenson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 8:25.m., NOTIGN by Ms. Hughes, seconded by sirs. Gabel, that the Planning Commission continue the request for a Special Use Permit, SP #80-06, by Jerome Christenson, per Section 2.05.0521,.29 A, of the Fridley City Code, to allow the construction of a second accessory building on Lots 10 and 11, Block 4, Sylvan Hills.Plat Three, the same being 6260 Starlite Bivd. , until July 23, 1980. Upon a voice vote, all voting Chairman Harris declared the motion carried. 3. PUBLIC HEARING: :'.EQUEST FOR A SPECIAL USE PEPMT, SP # 80-07; by W1,ALNE E. EK, SR.: rex section LU:).51 2,;ilo. t. the Fridley City Code, t allowtRe existing attach single. car garage to be used as an accessory ldiug�with the constructi -gf a 2 ft., 24 ft. etached garage (already buil on,L'ot 7,Blo 2, Meador ands Addie n,ee same ing 810 66th Avenue N.E. Mra Ek,,Sr.,• he petitioner wa present. 'feld that. the Planning ission open AIQI'ION by Krs. i h , seconded by rir. n.g, , the public hear g on ��80-07, by W� E. Ek, Sr. Upon a voic at , all voting aye, Chairman : ris dec red th f}�ubl'. hearing open at 8:29 p. Mr. Boar sta ed it is tl J et ion e is intent to board s presen garage up .ten and buil another 5 ft.4 24 garagelnext to the exist ng garage. state hat the sta oes not a any p oblem with t -hi request. Notion Mrs. iughcs, seconde y t angenfeld. that the Pla ing Commission clnse the p' is hearing on Special -Use emit, SP #80-07, by Wayne E. Ek., Sr. Upon a voice vote, all voting )ye, Chairman Iarris declared the public hearing closed at 8:35 p.m. Mr. Wharton said he would like to see a reviewal on. e request made after a certain amount of time had passed. Mrs. Hughes said she' agreed that there should by a reviewal o ie situation after 5 years have passed.' In this time the family size may have change PROPERTY SUMMARY SHEET ADDRESS: 6260 Starlite Blvd. N.E.' ZONE: CONSTRUCTION DATE: ADDITIONS: ZONING ACTION: ORDINANCE NO: SPECIAL USE PERMIT/S: 80-06 LOT SPLIT: VACATION: ORDINANCE NO: VARIANCES: APPEALS COMMISSION: APPROVED CITY COUNCIL: EASEMENTS: Bikeway Street Utility Drainage Alley Other STIPULATIONS: APPROVED REQ'D DISAPPROVED DATE NO. DISAPPROVED NO., DEPT RECD FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 13• MOTION by Councilman Schneider to receive the letter of sup6ort. Seconded by Councilwoman Jorgenson. Upon a voice vote,al voting aye, Mayor Nee declared the motion carried unanimously. Mr. Horeck stated that he has gone through the process and felt this was a solution that would work. The whole Arage wall is open, and the problem is with the water. He regted Council to take action for approval. 7 Councilman Schneider stated that there must be wo readings of this ordinance before it can be adopted, and t e process cannot be shortened. Generally, the second reading is a procedural matter, but if the garage is closed before the snd reading there is a risk involved. Councilman Billings stated that the n al procedure is to vacate drainage easements when there is a potential encroachment. Drainage easements have been vacated many times, and the City never received any trade. As a resul of the input from the public hearing, the City is actually re eiving land in exchange for the vacation. Ms. Alicia Reyes,/id . anube Road, stated that after the article in Focus t as very definitive that Council was against this vacativote for it would be a hypocrisy. She is strongly opposeing up land for the architect and the developer because tld excuse incompetence. Councilman Schneidwhat is involved is a small area, and there is the questeing reasonable. He asked Ms. Reyes if she was really conbout the few square feet involved or if she really does nothome at this location. Ms. Reyes stated /that if a person gets away with a small mistake, it could lead to,/others. She did not want mistakes to be excused. Councilman Bi ings stated that he never viewed this as a mistake but as a ch ge. The developer submitted plans and the persons purchasing he property wanted to build a home that would not exactly fi onto the property as defined in the plan. A request was then ubmitted for a change. He did not think the homeowners made a m'stake or that the developer or architect is inept. Counci man Billings stated that the article in the newspaper proba ly overstated Council's intensity on this issue, and some peop e placed a greater emphasis on this matter. He wanted to le e his options open and be in a position to reconsider if an ga eptable proposal was forthcoming. Councilman Billings stated or someone to interpret that he was totally opposed to the vacation of this easement is inadequate. UPON A ROLL CALL VOTE ON THE MOTION FOR FIRST READING OF THE ORDINANCE, Councilman Schneider, Councilwoman Bolkcom, Councilman FRIDLEY CITY COUNCIL MEETING OF 6, 1996 PAGE 14 Billings and MayorNee ed in favor of the motion, and Councilwoman Jorgenson ted against the motion. Mayor Nee declared the motion ca led by a four to one vote. 15. RECONSIDERATION OF SPECIAL USE PERMIT, SP #80-06 (WAIVING STIPULATION) BY JEROME CHRISTENSON, GENERALLY LOCATED AT 6260 STARLITE BOULEVARD N.E. (WARD 1): Mr. Hickok, Planning Coordinator, stated that this is a request to waive a stipulation on a special use permit issued in 1980. The petitioner is requesting release from an agreement which requires him to sell two single family lots as one unit, which was part of the approval of Special Use Permit, SP #80-06. Mr. Hickok stated that the petitioner recently agreed to sell but has not closed the sale on a single family dwelling at 6260 Starlite Boulevard. The other lot at 6250 Starlite Boulevard has only a second accessory structure for which the special use permit was issued in 1980. At the time of preparing to close the sale the petitioner was made aware of the agreement which required both lots to be sold together. Mr. Hickok stated that the petitioner has. agreed that if he is released from this agreement and if the adjacent lot is not sold within ninety days, he would apply for a building permit for the property and proceed with construction of a home. He stated that Mr. Christenson did have a home designed for the site, and the garage was built with frost footings and necessary connections. The plan now for the home is to downsize it from 1,500 square feet to 1,200 square feet. If Mr. Christenson sells the property, the new owner would be required to apply for a building permit within 45 days of closing. Councilman Billings stated that at the time this special use permit was issued, both Council and the Planning Commission emphasized to Mr. Christenson that placing a garage on an empty lot, without a home, was not the normal procedure, and this is how they came up with this solution. He stated that Mr. Christenson's letter states that he will try to sell the property or take out a building permit for a home within a certain period of time. It has been sixteen years, and there still is no home on the lot. He asked if there was a reason. Mr. Christenson stated that when he originally purchased the property, his intention was to construct a home on that lot, and plans were drawn in 1988. At that time, he had a job change. He is now traveling a lot, and the property is too much for him to maintain. He knew about the agreement on the property at 6250 Starlite Boulevard but was unaware it covered the property at 6260 Starlite Boulevard. Councilman Billings stated that as he understands it from Mr. Christenson's letter, if the adjacent lot is not sold within ninety FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 15 days, he would apply for a building permit for the property and proceed with construction of a home. If he sells the lot, the buyer will be required to apply for a building permit within 45 days of closing on the lot. MOTION by Councilman Billings to release the petitioner from the agreement signed in 1980 provided that Mr. Christenson, as evidenced in his letter dated May 6, 1996, agrees either to a sale of the property or an application for a building permit within ninety days. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 38-1996 SUPPORTING THE CONTINUED OPERATION OF COLUMBIA ICE ARENA BY ANOKA COUNTY: Councilman Schneider stated that he requested staff to draf this resolution. Everyone is aware that Anoka County intends o sell Columbia Arena, and he proposes that a sports assoc'ation or communities purchase it. He is amazed that some of the County Commissioners forget about southern Anoka County and spend in the northern half of the County. He felt that the Comm' sioners should be made aware of Council's feelings and this is t purpose of this resolution. MOTION by Councilman Schneider to adopt Re lution No. 38-1996. Seconded by Councilman Billings. Upon a oice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated after the Council meeting, he concerning hard surface driveway ADJOURNMENT: ghat at the conference session would like to discuss options MOTION by Councilwoman Jogenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously and the Regular Meeting of the Fridley City C cit of May 6, 1996 adjourned at 9:24 p.m. Respectfully submi ed, Carole Haddad William J. Nee Secretary to the City Council Mayor May 6,1996 To: Fridley City Council This request is for a release from the City of Fridley to sell home at 6260 Starlite Blvd. N.E. Release is needed on account of special permit SP#80-06 which requires me to get consent from city to sell property. The property has been sold and closing is set for 5-24-96. 1 did not come forward sooner because I thought I needed approval only on the adjacent lot. I will agree that that if the adjacent lot is not sold within 90 days, I will apply for a building permit for the property and procede with construction. The garage on the lot has been preplanned for an attached home to be built. I worked with Fridley Building Inspector, Mr. Clark, at the time and frost footings are in place. I also agree that any potential buyer will be required to apply for a building permit within 45 days of closing on the lot. I will work with the city planning department in the process. rome L. Christenson F nice L. Christenson CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (612) 571-3450 - FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 9, 1996 Jerome and Jan Christenson 6260 Starlite Boulevard N.E. Fridley, MN 55432 Dear Mr. and Mrs. Christenson: On May 6, 1996, the Fridley City Council officially approved your request to waive the stipulation approved with special use permit, SP #80-06; "The petitioner shall sign an agreement with the City tying these two lots together so that Lot 11 cannot be sold separately without prior approval of the City Council." Approval of SP #80-06 allowed construction of a second accessory building on Lots 10 and 11, Block 4, Sylvan Hills Plat 3, generally located at 6260 Starlite Boulevard N.E. Approval of this waiver is contingent upon the following stipulation: 1. The petitioner agrees either to a sale of the property or construction of a single family dwelling unit within 90 days. This was indicated on your letter dated May 6, 1996. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AI CP Community Development Director BD/dw Please .review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 23, 1996. Concur with action taken. II RECONSIDERATION OF SPECIAL USE PERMIT, SP #80406, JEROME CHRISTENSON VI DESCRIPTION OF REQUEST: The petitioner requests that the City Council release him from an agreement which required him to sell two single family lots as one unit. The agreement was a condition of approval of a special use permit, SP #80-06, to allow construction of a second accessory structure. SUMMARY OF ISSUES: The petitioner owns two properties; Lots 10 and 11, Block 4, Sylvan Hills Plat 3, which are addressed as 6250 and 6260 Starlite Boulevard N.E. Each lot is large enough to construct a single family home on them; however, only Lot 10 (6260 Starlite) has a house located on it. In 1980, the petitioner applied for a special use permit in order to construct a second 26' x 30' accessory structure on Lot 11. As a stipulation of approval, the Planning Commission and the City Council required the following: "The petitioner shall sign an agreement with the City tying these two lots together so that Lot 11 cannot be sold separately without prior approval of the City Council." The petitioner recently sold 6260 Starlite Boulevard, the lot with the single family dwelling. At the time of closing, the petitioner was made aware of the agreement which required both lots to be sold together. Staff presented the petitioner with two alternatives: 1) Sell the parcels as one unit, or 2) Remove the garage on the adjacent lot. The petitioner has proposed a third alternative in which he would agree that if the adjacent lot is not sold within 90 days, he will apply for a building permit and commence construction of a single family dwelling. This will eliminate the possibility that an accessory structure is located on a lot prior to construction of the principle structure. Staff agrees that this is an appropriate alternative to the agreement signed by the City in 1980. Staff has reviewed this item with the City Attorney, and he concurs with the approach. RECOMMENDATION Staff recommends that the City Council release the petitioner, Jerome Christenson, from the agreement signed in 1980 pending sale of the adjacent lot within 90 days, or construction of a single family dwelling unit if the lot does not sell. 15.01. g r3� iV x-26 N; OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY,, MINNESOTA 55432 TELEPHONE 1612)571-3450 CITY COUNCIL August 19', 1980 .Jerome Christianson 6260 Starlite Blvd. Fridley, Mn 55432 ACTIOM TAKEN NOTICE On August 4, 1980 the Fridley.City Council officially approved your request for' Special Use Permit;SP_ �8J-06 to jji a ry�ge on Lot with tre stipulations listed below: 11, Block 4, Sylvan Hills Plat Three 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 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 Community Development Office at 571-3450. iy, ER20LD L. BOAOFIAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the C�ty�bf Fridley. `CG,r1c4Vit 1 action taken. J 15.07 STATE OF MINNESOTA COUNTY OF ANOKA 56(:958 MUTUAL AGREEMENT THIS AGREEMENT Made and entered into this da of 19 80 .'by and between the CITY OF FRIDLEY, aMinnesota, Municipal Corporation, loc�d in Anoka County, Minnesota, and JEROME CHRISTIANSON, OWNER. WHEREAS, the owner owns the following described property: Lots 10 and 11, 62 Bloc .-A,,.Sylvan Hills Plat Three, the same being 6250 and 60 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.. 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 FURTHER AGREED that this Mutual Agreement shall be recorded with the Anoka County Recorder and serve as notice of this Mutual third parties. Agreement to all 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 �� day of N . •'�:;, _ ovemb r 19.80 . r �;`r •,''•,�`4'�, CITY OF FRIDLEY r' ,1$ By 7�i(— Its aSQures City Manager STATe.OF MINNESOTA) COUNTY OF ANOKA ss, The foregoing instrument was acknowledged before me this 13th day of November , 19 80, by Nasim Qureshi, City Manager, of tlie�ity of Fri eaTy, "u�lpM-r M por ition on behalf of thq Corporation. ME VIN c .•. , M, C n nh:icn 31CO. 14. 1983 ( G� INVTES'fINi(��V°GIHCREO'; `M"gaid \� r has hereunto set his hand this 13th daowner y November 80 STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 13th •day of �a1980, by Notary Pu Tc THIS INSTRUMENT WAS DRAFTED BY: City -of Fridley �r,.,,,�.,,,,,+,� } 6431 University Avenue Northeast �'"� CLYDE V. MORAVE2 Fridley, Minnesota 55432 ! NOTARY Pl tlllC — MINNES07A ..ANOKA COUNTY Z �ea My Commission Expires Dec. 20, 1980 0077A/0674A 15.08 n .:�^-:--., .�.. ::>- ._=�s'.x� -�:.- .. ttl� ittiii: •.: .. ' ccrxuuYnYer... „o000"'W% Langenfel.d st'a since the property spot rezoning. i Mr. o -dman sta BurnanA should di; trice , 'that he didn't have any pra,lc1T► with rezoning the pr st to the south was also C�41 zoning. This would not that -if tl1 - Planning Ca ission approvthis reques� aware of th requiremen of CR -1 zong ad cent to a;�1e itu to Mr. idetitial Air. Burnari t 'tested that he had a copy f the zoning regulation Boardman said that a screing Fence would be r ui d *alien the property is co reed. Mr. Burnan�t �.tated that this was n a requirement when he rez n the pro ere t'� the So_th. Ba=ne said that the C n�ll allowed him to; build w1tho t the fen e because the propert/c, •owners�.,to the North said- hent want' the f` nce built. The prty managr.o 910 1 de Drive, 'ust brth o ;stat at she was `c cerne aboart the pr ty being the. pet _ti net's property) g -rezoned to .commercial She has tenants which face this property and if a s reeving fence was put up it w 11 mean that some of lief tenants will be looking at a wall. Air. Boar pan said tat the parking would most 1ik�ely be located in the frol?t o the building nd may c�use some problems for the teTants to the north.- i Mo ion by M s. Hughes, seconded I, M rs. Oh? A that the Planning Comm ..Sion close the publi-c'`,hesr'•ng on rezoning request OA �` 80-02, by Ted Burnandt. 'Ug� a voice vote, all voting aye, Chaixr.-an Harris d cl -ed the public hearing clo ked` at 7:50 p.m, VING MOTION BUGHES, SECONDED BY MR. NFELD, THAT THE PLr'.NNINGSSIONkrC(MJENTY COUNCIL APPROVALOF ON G F> tj11EST,• ZOA x`8 -02, Y T D BURNAPd�iD/lI/A SWL TO REZONE PART OF T 3. UDITOR'S-SUBDIVII0N '0. 25 (PARCEL 1100), F ( ' ltiple family dw 1 Ings) TO'. CR -1 (general o e and -1i it -ed business) THE' SA -121 IL WIND ROAD N.E. UPON A V CE V E, ALL VOTING AYE,HA "IS DTHE ION CARRIED UNANIMOUS.L.X.� 2. PUBLIC RE UEST FOR A SPECIAL aUSE PERMIT SP a Per Section 205. r80�QG Y J O,iE CIMISTENSCN! 51 2, A, of. the Fridley City.'Code, to allow the construction of a sccond accessory building, .a 30 ft.-;- by• -26• ft. detached garage, on Lots lO and 11, Bloch {•F Sylvan Hill flat Three, the same being 6260 Starlite Blvd. N.E. • Air. Jerome Christenson, the petitioner was present. &-E 60sQ MOTION by Air.-Langenfeld, seconded by Air. Miarfon, that the Planning Commission 'open the public hearing on the request fora Special Use Permit, SP #80-06, by Jerome Christenson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at- 8:_02 p.m. Mr. Boardman stated that the petitioner is interested in building a 26 ft. x 30 ft. garage on lot 11, and 11e will use it as a storage garage. Mr. Boardman stated that tl1e staff wants to tie the two 75 ft. lots together. Lots lU and 11 together would make a 150 ft-. lot. The special -use permit is for a 2nd accessory building. Thc. 0111Y way lie can build the garage is for the lot: to be legally tied together. It is the petitioner's intent to build the garage now.' 15.09 Wednesday, July 9, 1980 iiri �..praing Commission Meeting Page 3 Mrs. Ilughc n asked the petitioner how fast he would need -approval on the request? ed that he wanted to start building the garage in the fall. Cllxiatenson answer cars he E. asked the petitioner e for a residential area, and that he Ptx. W.K. Searle, 6231 St 'lite Blvd. N. ow many owned? lie said that the garage seemed laxg preferred to keep it a residential area. He said that the petitioner had too many garage sales, and that he strongly opposed the petitioners intent to build his garage. , Nix. Barris asked .if there was any further discussion. suggestion that the hearing be continued at future meeting. tits. Hughes rade the Sugg ob ection.to a slight delay. She asked the petitioner if he had any j - - Motion by Mr. Langenfeld, seconded by Mx. Wharton that+be planning Commission On ecial-use permit request"Sp #80-06. by Jerome Christenson. P upon a voice vote, all voting aye, Chairman Harris declared the public Hearin€, close close the public hearing at 8:25 P.M., _ NOTION by tis. Hughes, seconeed by firs. Gabel, that the Planning Commission S ct one the request for a Special Use Permit, SP #80-06,06, by Jerome Christenson, p 205.0521, 2, A, of the Fridley City Code, ond to a1SolvaneHilistPlat1Three,on of athe csame accessory building on 'Lots 10 and T1, Block 4, y Q ,E being 6260 Starlite Blvd., until July 23, 19.$0• Upon a voice vote, all voting Chairman Harris declared the motion carried. by kAyNE E EK, SR.: 3_�. PUBLIC HEARING:. �'.E UEST FOR A SPECIAL USE �P a 53110 80-0e existing attah � ter Section''Lv�.�i 'L, ,; of the Fridley City . ldin ith.the cons txuct_bet i' single car garage to ill'be used as an accessory BI _.,& 2,ieado ands 2 ft.� 24 ft. tached garage {already briilt on t 7, Addit n, to same ng 8l0 66th Avenue N.E. Piro Ek, Sr.,- he petitioner wa PiGI'ION by Mrs. I h , S;condedby Mr. the public hear g on 080-07, by Ir aye, Chairman a ris dee red the p lA i sta d it is 1`x. Borsacrthe and buother 5 ft 24 stated st oes no i present.' Lan feld, that. thA Planning*' fission open E. Ek, Sr. Upof , all voting hearing open at `s� intent- to boen garage upone .• e. Mr. Boardman rag next to the exanyoblem with th Plotioi Pirs.-Tlughes, secouu—N c:tore the pn is hearing on Spe�ci.al«Use Upon a voice vote, all Noting aye, Chap. at 8:35 p.m. angenfeld• that the P1aTdin.g Conmiission t, SP #80-07, by Kayne E. Ek., arris declared the public hearing closed Pix. I:Tfiarton said he would like to see a reviewal on arx)unt of time had passed. request made after a certain Pars. Hughes said she: agreed that there time ls� ly size may by a ihave chan.4 5 years have passed. In this 15.10 situation after CITY OF 7'RIDLEY PLAIRTING COMPIUSSION MLETING, JULY 23,- 1.980 CALL TO ORDER: Chairman Barris called the. -July 23, 1980, Planning-Commission.meeting to ' order at 7:36 p.m, ROLL CALL Members Present: Mr. Harris, Mr. Treuenfels, Ms. Gabel (for Ms. Schnabel), Ms. Iiughes, Mr.. laharton ' Members Absent: Mr. Langenfeld, Mr. Oquist Others Present: Jerrold Boardman, City Planner Jerome Christenson, 6260 Starlite Blvd. N.E-. Wallace Searle, 6231 Starli.te Blvd. N.E. Mr. & Mrs. Carl Christensen, 9950 Cottonwood St-. N.W. Mr. & Mrs. Charles .Langer, 6530 hickory St. N.E. -21r. & M-rs. Louis Nash, 6509 East -Diver Road N.E. Lucille A. Skovran, 6003 Gardena Circle Forrest Melville (0 & E Corstrudtion), 6426 Markv.00d Dive; Crystal Eduard j on a.k, 133 Cr a:igc•; a} -W . E . Diary Aim I:opp, , APPROVAL 01 JULY 9, 1980, PLAIamy capa Cssim -IiLmr7 .S : G� MOTION by Ms Hughes, `seconded by, _Ms . Gabel, .to continue the--,f,approvai of . Cb Planning .Cc�mmzssi'on. minutes at the 'end of. the agenda. Itpon A voice tote, . ' all voting, aye, Chairman Harris declared the mQU.0n carried unanimously. 1, CO v' INUEb PM* LIC HEARING: P1 QUEST FOR A BPPECIAL .USE- PERMIT. SP §80-06, BY JEROML CHRISTENSON: Per Section 205.051, 2, A, to allow the i -'construction of a second accessory building, a 30 ft, by 26 ft. detached garage on. Lots 1O.and 11, Block 4, Sylvan Bills Plat Three, the saint: i being FJEO Starlite B1ccL toZSO'' COACA&Z IS O.v TWAS 4p -r, Public Hewing closed, i Mr. Boardman stated that at the last Planning Commission meeting, the Commission requesteda legal opinion on what to do with this second- accessory, builiing. He 1wad talked to Air. Herrick and Mr. Herrick indicated that they could tie that property legally to the other lot without any -problems as far as mortgage probleTiz . lir. Derrick had indicated .that the only way the mortgage company h could spread that mortgage over two lots could be if Mr. Christenson himself signed an agreemvnt- to do so and that it t:oulcl not- automatically cover both lots. 15.11 a, P;,/+?yN.f_NC Coral U SSION MEETING, JULY 23, 1980 � PACE 2 Isar. Boardman stated that Mr. Herrick felt this was the only way of handling; a second accessory building;, because it was illegal to construct a garage on a lot that did not have a main structure. The only way to do it is through a special use permit-, but tie the two lots as one lot which would. require a 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. Ilarris stated he had thought long and hard about this and had looked at the area. Ile 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 auto-mo'ailes, also that it might be used as a neighborhood sales lot. He stated that if the Commission 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. Ragbes stated that something similar had happened . in her neighborhood cbiie::e 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 kept 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 permits all -the time. The Planning- Commission seems to a lot of thea: She ctated• that it _secm d -they* might _be doing .the,. neighb•nrhood a favor by allowing this special -use., -permit to get some of the vehicles under a roof, .Ms.r Gabel stated she' reed with MsX:"'Hu hes.. It was her feeling' that .this g g . ,. g was a nice neighborhood and it might be to the neighbors'. advantage to get the vehicles out of ` si6t. Repairing cars is•not`'an-allowed use in that neighborhood, and if that is happening, it can be •resolved..on a coigplaint basis. 141r. Harris stated that the Commission can make that stipulation so that the neighbors and Mr. Christenson know that the building is being built strictly for storage and not for.a. home occupation of au.te?c�pa.ir or that type of thing. Ah:. Wharton stated that at the last meeting,.one of the neighbors had indicated that there.were"too many garage sales-." He statei.that would be a hard thing to regulate,' but it•:was'a neighbor's, concern and he wanted to bring it. up. Ms. Hughes asked Mr. Christenson` if he had gotten any legal ,advise on this. procedure. Mr. Christenson stated he had not, but he ons not interested in the special use permit if it involved making ane lot out of two lots .eta .i , r�. ..f,yA.n,. .o'b'i .•^:!'Ya :'t.... .. .•-e;a- ,vp..-r .� MSF ':�:: ... .. rv;�a. •+"f^'... .•Y«.;^'^°f.:;..-m--?`�q.-+'"!2lrwmv.•a.'�,.'F�'�.,nwr�.�•tf-�...;..1,, . ..-. ..-. - l'r,�,ll,�{; r:a.,.,r_.r.,_r fir. I;pal:cluvill er.plained th,�L they Ale] --C ]lot: aCt:tnlh laaki.ng it into 011e lot- s 7:tacy t%c 1:c ti.ci_ng t:Iu. t 1rO J.ctt'o ;c i:hc1: so th:(t I1):. (:11). s :en:;c,n could not: sail the one lot- tai.ttlout: ol)taining • a Lot: e;Iil.i.t . T110 lnortf;agc on t11e one lot- :lad the description of the lot that the mortgage is tied to is the same description and the same number. I;hat_- the City is doing Is legally binding. Mr. Cbris tensor or. anyonejrllo otal,s the property so that he cannot sell withcut' getting a lot: oplit. The City will not approve a lot split unless there is ' s houcQ attached to the garage 110 is planning to build. _ _ _ _ _P1_ ._ 11yrl_Gy _�=lis. 1;1,t21e:>, sCcoll.C'ed b�1 1fs _ GabeJ_, to i'c'ccllrrnend a �1-c�val to Caty _I ----------J— "`0_06 sp Z by Jerome Christenson: Covnci7_ of a rc•car_st for a ,ecir)7. use a emit: �1 ,.--------- Ycessory 1 Section 20`i.0512 A to al7_ola t_lle CC,Slstl"UCt 3.(511 (7F a secol.d _— } by 20 ft. det:achcd f;_r lF;c__c„? 7.*�t:s 7.O and J.l.,_};7.oc1: ��, S},3.�a)l IIi7.3.s I'3.at: th tile `a°hre-c _tile srtnc^ tac.i.r�; 6`l_GO' tzarlitn Blvd. 1,1 i:o:i 7.o:::f:r;ons: ._..___. 7 c' -qr•C u)ld <I$ a s'arai,C for 3-1 That t.hc^biildi_ilg be used icor t_o; <lrl ii1r c.ars , 2. .�:hnt: 0herc I1c_n_ob _automotive 1)(0,; or en,,jne_ re>>air done on the 3, That: -':hc-prclycTty ::liouJ.c3_ no": )e �lscd f -or. tai_1 sales of autC?:+tt,)bi G.; of auto)i)C+U J.Oi:S shall beJ.t t�<17`7_}T t�i.c 1I sa tC)f'Ci"I1C?" c 21d any se )drat __-- -- -101L: s-l'!i.t ap;�,_ clv < 1.bi:l1c City . 7.e c! t.I,.e tot I7ilt rcegl.,is:c _ .UPON. A VOTCEVO:i:"L'•', ALL VarII.G Ky, , CnAIRMA : J DFCOT-X, D THE 1=iw, .CARRIED L�i� �tL i'1JLi JiJlie at llr. Boardman stated that if Mr. Chri,stelison tai_sllect to withdraw his request any time, he must submit a letter_ to the CitZ7. ,Kr, Harris stated that Sp p80-05 was recoil mended for approval to City Council and would go_ before City Council oil Aug. 4, 1980. ?--n-! 1 1.1'8-0--03, BY CARL E. ?_ CONN' T I? .P)TjTTA :C;G l:]s "'>>T. 1 = l -:r� �.}3�.t- ),ots 22, 23,. ti d 21 1 t C,I-';�l:,�':i,:,s� its D ji, A - - �._S._Ia t�pnel:al nxtltip is=n:ily cit el.10g)to C-2 (general bus less ar , :;) , a11d -.ot 21 Eton CP.-J..(f c:neral offic. 1i1nl i:ecl bus' less) to C-- tFiC17C1:17. LiSi11C'.:if; Sl.le?�).3 A11 locate -•-1", I310C't: y Park, to 1.1 1Ce Zolniujg C -O'. G'_;;i:'.clt: with usct of elle t?1:op ortjT ."1S Cdll �Ut. body shop, the same being (':. East. 1:I. -\O —ROnd I. ____ I'uhlic. ildarillr. Opel Mr. I1.i1 Vis uta 'Nd tIS it. I:1 was C0111Ci) ted J Lull t:11C 3 " t: 1)leCLilIf; , CGallSe I 1I:. t;I1l:x.St:i:n`•�11 l•:as ;tot: )r ' --.11 was )lilt present at .the_ 1, -ISL I•;)'. i.>tt: eil:lll stated tlle� 1'ccl::o11 i•f1:. C:ll_':is . ;'l' 11e did 1'_C)t: 1. cci_ve 11;.:: lloti( e of public hearing 1.11 the 15.13 CONSIDERATION OF SECOND ACCESSORY CHRISTENSON: ¥30-06. TO 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 j 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. Councilun-nan Moses asked Mr. Christenson if he had arty problem with the above -� stipulations. Councilowman Moses stated that legally the City can't have a lot that anly 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. Herrick, 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. Qureshi, 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 on the lot to go wtih the garage. Mr. V ---nick stated an agreement should be ent•.�-ed into with the petitioner and this filed with the deeds on both lots so ti -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 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 1#80-06, 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 i voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CABLE TV MINUTES OF JULY 10, 1980: MOTIO by ouncilman Sch eider rece the minut of th ble Television Commis n P1eeting of Ju 10, 19 Seconded by C uncilwoman Upo voice o , alF 1 voting ay Ma free fared the m tion. carr' d una Y. - - --- -- - . --- ---- -- -- -15.1---. _ --- ---------- --- =---- ---_-^ i filichek-". CINOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 9, 1996 Jerome and Jan Christenson 6260 Starlite Boulevard N.E. Fridley, MN 55432 M,-,44, 60'�;-fv Dear Mr. and Mrs. Christenson: On May 6, 1996, the Fridley City Council officially approved your request to waive the stipulation approved with special use permit, SP #80-06; °The petitioner shall sign an agreement with the City tying these two lots together so that Lot 11 cannot be sold separately without prior approval of the City Council." Approval of SP #60-06 allowed construction of a second accessory building on Lots 10 and 11, Block 4, Sylvan Hills Plat 3, generally located at 6260 Starlite Boulevard N.E. Approval of this waiver is contingent upon the following stipulation: The petitioner agrees either to a sale of the property or construction of a single family dwelling unit within 90 days. This was indicated on your letter dated May 6, 1996. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, /�/S/�l� A � Al S-��d Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 23, 1996. Concur with action taken. STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS AGREEMENT Made and entered into this 13th.F day of Novpmhpr 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, Bloc ylvan Hills Plat Three, the same being 6250 and 6260 'tarlite 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. 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 FURTHER AGREED that this Mutual Agreement shall be recorded with the Anoka County Recorder and serve as notice of this Mutual Agreement to all third parties. 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 13th day of --November 1g 80 ,j CITY OF FRIDLEY R} "o 'n ! ' it BY Nasim M. Qureshi Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) 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. x AAAAW Anne niv nnnn ,V,� �,A AAM ESOTA i:�,s'Cct. 14, 1983 IN TESTIMid�� �A���(��,`N`�'�fL`'"�aid owner has hereunto set his hand this 13th day November 80 STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) day of The foregoing instrument was acknowledged before me this 13th Nov— , 19..8UD by --T THIS INSTRUMENT WAS DRAF�Eu tsr: City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 00 77A/06 74A CLYDE V. MORAVM j' NOTARY Pt;@L!C — MINNESOIA 9 ANOKA COUNTY' My Commission Expires Dec. 20, 1980 ;