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SP 79-05REGULAR MEETING OF JUNE 4, 1979 PAGE 5 177 Mr. _Herrick questioned if there was a storm sewer in this area and if construction of this house would prevent water from getting to the storm system. Mr. Sobiech stated from the grade indicated, he would answer in the negative. Mr. Herrick felt the property owner would have a pretty strong argument that the City can't use his property as a drainage basin. He stated he would suspect he could build on the property, providing he meets the other criteria. Councilman Fitzpatrick stated Mr. Sobiech has stated there really isn't a problem, but it seems to him if this had been developed by raising the fill two feet, it would shut off the drainage from the northeast. Mr. Herrick stated he doesn't have nearly as much trouble with the concept of saying he can build, but has to insure drainage, as with the problem of saying he cannot build on this lot because it has to be used for drainage. If you do this you are saying it is unreasonable or reverse condemnation where the City is really taking the lot for public purpose. Mr. Sobiech felt the concern of the Planning Commission should be reinforced regarding the drainage to insure no or minimal impact on the neighbors. MOTION by Councilman Fitzpatrick to grant special use permit, SP #79-04, with the stipulation that the City be satisified that the drainage plan, as described and discussed, would be maintained in construction. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR SPECIAL USE PERMIT, SP #79-05, BY JAMES LARSON 6740 - 4TH STREET): Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow a second accessory building for use as a garage and storage of automobiles. He stated the Planning Commission held a public hearing and has recommended approval. Mr. Sobiech stated the petitioner is unable to attend because of a recent motor- cycle accident. MOTION by Councilman Barnette to grant special use permit, SP #79-05. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REZONING REQUEST, ZOA# 79-04, BY GRAVES COMPANY (5701 UNIVERSITY AVENUE): MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning request for July 16, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VACATION REQUEST, SAV #79-02, CITY OF FRIDLEY (UNIVERSITY SERVICE ROAD): MOTION by Councilwoman Moses to set the public hearing on this vacation request for July 16, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF MAY 15 1979 - ARIANCE REQUEST BY JOSEPH PERROZZ 8181 RIVERVIEW TERRACE): Mr. Sobiech, Public Works Director, stated this is a request for variances, in conjunction with the special use permit, for construction of a single family dwelling in the flood plain. Mr. Sobiech stated the Appeals Commission has recommended denial of the side yard setback and recommended approval of the variance for reduction in the area of. the lot. 178 REGULAR MEETING OF JUNE 4, 1979 PAGE 6 Mr. Perrozzi stated the Appeals Commission had made a recommendation to turn the.house sideways and if this was done, you would not have a view of the river. Mr. Perrozzi stated he felt the requirement for the ten foot setback was excessive, as other communities only require five feet. He felt, if he couldn't obtain a variance for the side yard setvack, the house wouldn't really serve his family's needs. Mr. Perrozzi Pointed out that the .other houses in the area are not in compliance with the setback requirement. Councilman Fitzpatrick felt, if the structure gets too close to the adjacent property, it becomes a fire problem and other problems foreseen by adoption of the ordinance in the first place. He stated, however, he hates to tell Mr. Perrozzi he can have a house only 29 feet frontage when he wants 34 feet. Mr. Sobiech stated this., again, is the situation that the variance should be based on hardship. He stated the hardship here would be that Mr. Perrozzi. would have a smaller home. Councilman Fitzpatrick stated he can understand the hardship, but granting the variance becomes a public problem. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission to grant the variance for reduction of the lot area, but to deny the variance on the side yard setback. Seconded by Councilman Schneider. Mr. Perrozzi stated the problem with the side yard setback was to make adequate facilities for the Fire Department, but all that was required was nine feet and even with the variance of the side yard setback to five feet, there would still be nine feet between his structure and the neighbor's garage. Councilman Fitzpatrick felt there was a reason why there is a different setback required when it is a garage to house arrangement, as it is assumed the fire aspect.is increased at that point. He stated he could see the reason for making the request, but felt a number of allowances have been made on this property and his motion would be to concur with the Appeals Commission. Mr. Qureshi, City Manager, pointed out that staff would check the disputed - l variations they have on the map. J Councilman Barnette asked Mr. Perrozzi if the variance for the side yard set- back is denied, if he would still build on this lot. Mr. Perrozzi stated he would have to meet with an architect to design a house to meet.the setback requirements and couldn't make that decision until he confers with an architect. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive"the mihutes"of the Planning Commission Meeting of May 23,-1979. Seconded by Councilman Schneider. Upon a voice vote, aJ1 voting aye, Mayor Nee.declared the motion carried unanimously. RECEIVING THE CABLE TELEVISION COMMISSION MINUTES OF MAY 9, 1979: MOTION by Councilwoman Moses to receive the minutes of the Cable Television Commission Meeting of May 9, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried UnAnimousiy. Councilman Schneider asked for a _copy of'the attachments referred to in these minutes. CONSIDERATION OF EXECUTING GRANT AGREEMENT WITH METROPOLITAN COUNCIL FOR NORTH PARK VISITATION CENTER'GRANT: l Mr. Qureshi, City Manag;r, stated all costs for constructing the projects, as 1 described in the program documentation, would be eligible for payment after April 12, 1979. He stated the maximum amount provided under the grant for non - construction costs such as pro-fessional, legal, engineering and architectural services would be 12%. Mr. Qureshi stated there is a.timetable for transferring the woney and if any interest money is made; -it would have to be returned. Councilman Barnette questioned under Item 2, Developmental Policy, the second to the last sentence where reference is made to the Grantee or City, in this case, agreeing to maximize the use of its own personnel and internal services in connection with the administration and accomplishment of -the program.