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SP 08.66APPLICATION TO THE'BOARD OF APPEALS AW,CITY COUNCIL FOR SPECIAL USE PERMIT, VARIANCE IN REQUIREMENTS OF CERTAIN ORDINANCES OF THE CITY OF FRIDLEY (Applicant to complete items 1, 2; 3) 1. Name and Address of ApplicantRaymond E. Gerrety � s 609 Brookview Drive Northeast Fridley, Minnesota, 55442 2. Legal Description of Property (also general location, such as,. -"north- east corner of 64th Avenue and 5th Street" or 6415 Fifth Street") North 130 feet of Lot 1, Block 1, Brookview 2nd Addition_ 3, Describe the variance requested. (Attach Plat or Sur -Vey of Property showing location of proposed building, etc., also adjoining properties and ownership within 200' of said property.) A request for a Special Use Permit to construct a parking 4. Comments by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropriate ordinances and section of ordinances to be cited.) Chapter 45.19-2—h, City Code of Fridley, Minnesota 1963, Revised December 31, 1964. A - 2 - 5. Notice of Hearing appeared in Official Newspaper on the following dates;__ A Mst 318 1966 and September 7. 1966 (must be at least once 10 days before meeting -- copy of notice to be attached). 6. Board Members aotified of meeting by All members notified by mailing (List Members, Date Notified, and "Yes" or "No" for plans to attend Of notices hearing) . ;A 8-26-66 Name , Data Plan to Attend All members notified by mailing of notices — 8-26-66 7. Person making appeal and the following property owners having property within 200' notified; By Phone Notified by Name Date or Mail (tial) Wallace Muer, 831 - 40th Avenue-NoE. -- Raymond B. Gerrety, 6679 Brookview Drive N.E. M Robert Lindbloom, 6606 Brooke ew r ve ME. Everett McCarthy. 6830 Oakley St. N.E. M Don Crispin, 6820 Oakley St. N.E. M game Boubakken, 6610 0ey-S+.. K Robert Anderson, 6800 Oakley St. N.E. M Me ,,-6 . Noge — J. R. Fergusson, 6881 Oakley St. N.E. M e- Occupant, 6801 Oakley St. N.E. sAdQrStrpm0_fi820 Brookview Drive N.E. M Occupant, 6810 Brookview Drive N.E. M eceapaot, 6800 Bveelwiew-Driue U-2- IJ Devon IncRichard J. Parrish, 3826 W. Broadway M . 8. The Following bard Members and interested parties were present at the Hearing; September 14, 1966 BOARD MEMBERS Chairman Nawrocki , Mr. & Mrs. Gerrety Member Saunders Mr. Schoen - 6800 Brookview Member Fitzpatrick e - 3 - OTHER PARTIES: ADDRESS 9. Opinions and recommendations by BOARD OF APPEALS: September 14, 1966 see attached minutes - motion by Goodrich. seconded by Fitz- patrick, that the Board recommend that the Special Use Permit be gran -tea w north edge of the property be provided, upon a voice vote, IdMMMM Saunders untirg nave chairman Nawrocki declared the motion carried. (See attached minutes for detailed discussion) 10. For Above Recommendations Against Recommendations unanimous 11. Action by 'City Council and Date: I September 19, 1966 r 1 R.C—�CYYt'�i du l3�ZucICd A -,�S �v ^j �jti?�cKa%y„t. J 7 :l. U 11 L A . 1'Z c/9-k'd ti� f7 �z11, e 5 �2, Li t7HiC1�ILI I ,�� • %2Y/ u55c�, C�/C t�� y' i S J I/1 C•1/�" 6y J cV-S w) c r 1 R.C—�CYYt'�i du l3�ZucICd �}e� -,�S �v ^j �jti?�cKa%y„t. J r 1 R.C—�CYYt'�i CITY OF FRIDLEY MINNESOTA PY-4MING A1\1D ZONING FORM Nudaer TYPE OF REQUEST Rezoring Special Use Permit Street 'Location of Pro?erty Present Zoning Cl�zsification ,Existing Use of the Propezt Proposed Zonin- Classi-ficat--'on, Special Use, Variance or other request 7, Describe LSythe Of Use and the Improvement Proposed I Acreage of -2rc2ertl 'Elas tile present �.?pliLie c'at Previously Soug t to Rezo'-/, Plat, Obtain a Lot Split, Obtain a Variance Or Special Use Permit on the Subject Site or Part of It? Whan? vMat was Requested Fee :Inclosed Date Filed Date of lllearing_ Variance. APPLICANT'S SIGNATURE Lot Sp Approval of Pre liminary Plat Telephone Approval of Final PROPERTY Plat ==�'S S-^-',-NA`TURE s --eets or Alley Telephone NLY;a:�ez 0 th a r Street 'Location of Pro?erty Present Zoning Cl�zsification ,Existing Use of the Propezt Proposed Zonin- Classi-ficat--'on, Special Use, Variance or other request 7, Describe LSythe Of Use and the Improvement Proposed I Acreage of -2rc2ertl 'Elas tile present �.?pliLie c'at Previously Soug t to Rezo'-/, Plat, Obtain a Lot Split, Obtain a Variance Or Special Use Permit on the Subject Site or Part of It? Whan? vMat was Requested Fee :Inclosed Date Filed Date of lllearing_ PLL%'.�ZNG 11aZ ZONiNG FOR31, PAGE 2 Vie o4dersigmed understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet o.: t:.e property in question, belongs to the undersi ;nec. ..-.:Ldents and - aners of Property within 300 feet: �L; �, •;;,, �`�,:,-�;.� ,1; �"�._� _: C}tel?=�.� '�.. A skc c -r P.®josec property a �. structure must be draa on, the back '7f ;Z1is form or at::ached, showing the f011Gwingo I. Nor: Z1-- Dira:ctioa 2, l.ocat o.: of boposed Structure on lot. 3. Dimensions of property, proposed . structure, and front and side set -back: 4. Street Names S. location and use of adjacent existing buildings (within 300 feet) . Laic 3ersLgned here© declares that all the facts and re,eres:.nta-ons stated in r this applica`"OL are True and correct. SIG-iuA1tJRE ~vf C.°...r� -f '-r�•.�!,L L y'�O (APPLICANT) /� a * * ****Iva* * Approved Descried by the 3oarGd .x)f itippea�a Subject to the Following Conditions: date Approved Denied by the Planning Comission on Subject to the Following Conditions; date Approved Subject Denied by the Council on to the Following Conditions; Form PC 100 date OA ,711 f �CL�Co y J4 .J Q r' OFFICIAL PUBLICATION X51` �N'J �!4•. )� •: `� yY. ilii^ W i^ XMICE IS EMMMY GXM THAT the Bowd of Appeals of the City of Fridley will most In the Council Chawbecs of the City Hall at 700 o°clock PM6,W a Septewbew Us 1966 to coneldw the following Matteca r .v 8ublisha August, 318 1966 September 7e 1966 r .SvC%t3 r S•f ti' Dyy�• rJt REQ ve ;ri' �L L^ZJ°�l 4 i I rJ3 1 6puotol) c,— 6 bh -f v ers &)-"* 6 v 0,9 l: tiQrl �Ic� SLS b A. 7d i C. q.KJ Cy e.r.c S n i • i (-,0 6G -1,r g`/?/6 6 ' j�• CCYYle (� ,7Ycc/w'�r i [ev 4d. .SvC%t3 r S•f ti' Dyy�• /3/ZuciCd ve ;ri' �L L^ZJ°�l 6puotol) c,— n i • i (-,0 6G -1,r g`/?/6 6 ' j�• CCYYle (� ,7Ycc/w'�r i [ev 4d. 34 BOARD OF APMALS =TING KUMUSO SUMMER 14, 1966 PAGE 2 There vas no one present for or against this Variance. AW b_SauaderaV, seconded by Goodrich, to recommend to the Council that the Variance be _Ar4 eq;gd_. Upon a voice vote, there being no nays, Chairman Newrocki declared the motion carried. there being no further business, Chairman Navrocki declared the meeting, adjourned at 8$33 P.M. Respectfully submitted, Barl P. Wagner Secretary to time Board REGUIAR COMICIL MMTMG, SR ER 19, 1966 BOARD OF AMM MU IG MfES m SE 14, 19660 Mr., Schoen, 6800 Srookview Drive, Mr. Eo pa Shimmon, 6510 Erookview Drive, and Mr. Mo Wo Smith, 6801 Oakley Street Northeast, were present at the Council 9 REGULAR COUNCIL METING, SEPT 19, 1966 PAGE 13 Meeting objecting to the Spe_ial Use Permit. fir. Smith said he was opposed to a parking lot regardless of the type of screening used, and opposed to the Funeral How. Mr. Schoen said he had been at the last meting to oppose the parking lot and the Pmeral Home. He said his back doer looks right into the Funeral Z. It was pointed out to them that it had been a District Court decision that allowed the funeral home in the residential zoning district. Mab Wallace Miller, Funeral Hots owner, was present at tate Council Meeting. Be showed the Council his plans and explained them. There was a long discussion at the Council table regarding fencing, Mr, Puller was willing to fence with poplar trees, a hedge or redwood fencing, Mt. Schoen said be could agree with a decorative block wall, but Mr. Muller objected to this. There was a discussion of tate additional traffic and street parking, Mr. Miller agreed that if he had the parking space, he could use portable signs to encourage people to use his parking rather than park on the street. The objectors and Mr. Miller could not r@ach an agreement on the type of fencing. MMON by Councilwan Wright to deny the Special Use Permit for parte until such time as the applicant can come back with a proposal that is agreeable to the neighbors. Councilman Wright suggested that Mr. Miller try to get together with his neighbors and wont this out. Seconded by Councilman Harris, Upon a voice vote, there being no nays, Mayor Kirkham declared the notion carried. Mrs. Gerrety asked the Council if they will have to go through all the steps agr,in. Councilman Harris said that if they can get together, it can be presented directly to the Council. Mrs, Gerrety asked if the majority did not rule, as there were about 10 neighbors in favor of the permit. Council- man Tright said that there has to be strong support among the close neighbors in a residential area. Mr. Millet asked if he needed a Special Use Permit for parking, or if he couldn®t just use this for parking without tate pewit. The City Manager said that he did need a Special Use Permit. Councilman Wright suggested he contact his lawyer on this. Mr. Gibbs said that he could not represent both parties, but his opinion of the City Code was that you can park on residential property. Councilman Wright called for a point of order and suggested that Mira Gibbs disqualify himself from speaking on this matter from this side of the Council table. Mr. Gibbs said that fon; the record he would like to point out that they had not represented Mrs Puller in this petition for rezoning. Later in the Council Meeting Mr, Gibbs said that he felt ter. Miller went away from the meting feeling that he did not need a Special Use Permit. Mr, Gibbs said that Chapter 45.19 of the City Code states that you must have one and that he will inform Mr. Miller of this. Aix. Paulson suggested that the ordinance be rescinded so that Funeral Homes cannot be in residential neighborhoods. Councilman Wright pointed out that this approval was granted by the Courts. Mfr, Gibbs said that a Special Use Permit is required. Mr. Paulson said he was speaking of the ordinance that allows tate Council to do so by Special Use Permit. 1. 2. B0AjD OF APPBAxS MATING =Me m SEPT=n 14, 1966 The Meeting was called.to order at 7532 P.M. by Chairman Nawrocki g Nawrocki, Goodrich, Saunders, Fitzpatrick NDUM 8 None Mr. and firs. Ge'rety were present and Mr. Wallace Miller, Funeral Rom owner was present. Mr. Schoen of 6800 Brookview Drive also was preseat. Mr. Schoen explained that his patio was directly across the street from the parking lot, and he did not want to look at a parking lot full of cars. Mr. Miller explained the intend use of the parking lot, and that he would be willing to screen the lot along 68th, probably with Poplar trees,- including all the way to Brockview Drive Service Load. Mr. Schoen felt that he would prefer to have a concrete shadow block wall along the 68th Avenue edge, and Nx. Miller advised that if such a wall were required, he would place it only along the 107 feet of this piece of property and not all the way to Brookview Service Road. Mr. Saunders, of the Board, stated that he felt the Board should try to determine exactly what type of screening to recommend to the Council as a condition of the Special Use Permit, and that he felt that a shadow block concrete wall would be probably the most effective. The Board discussed the type of screening at some length with Mr. Miller and Mr. Schoen. MOTit bypGoodreh, -seconded .byitzpatrilck�_-t�iat the_�oar�i read that the Special qe Permit be aranted with the adequate screening along the uor h a ge o -_tha-.propart� iaa prod ideda upon a voice vote, Saunders voting nay, Chairman Nawrocki declared the motion carried. Mr. Woodard was present and discussed his request with the Board. O bP' t9 ck,-._y._S� ®rs� o4recam ad oto the . Co_k that the__Vaxisacerbe.�rantedo. Upon a voice vote, there being no nays, Chairman Nawrocki declared__the_ -Mo.tioa_ carried - k MTB +. , Mr. Schoen 6800- a okvc t-8 ve, I►*. B. P. Shimmon, 6810 Brookview Drive, Meeting objecting tothe S a� Permit. g'i Smith said he was opposedto-alot regardless ardless ofthe- pof, -screening used, and -opposed -to- --- -- the Funeral Bowe. ter. Schoen said be had been at the last meeting to oppose the parking lot and the Funeral Home. Be said his back dour looks right into the Funeral Rome. it was pointed out to them that it had been a 'District Coact decision that allowed the funeral how in the residential zoning district. Mr. Wallace Miller, Funeral Rome owner, was present at the Council Meeting. Be showed the Council his plans and explained theme There was a long discussion at the Council table regarding fencing. Mr. Diller was willing to fence with poplar trees, a hedge or redwood fencing, Mk. Schoen said he could agree with a decorative block wall, but Mr. Miller objected to this. There was a discussion of the additional traffic and street parking. Mrs Miller agreed that if he had the parking space, he could use portable signs to encourage people to use his parking rather than park on the street. The objectors and lir. Miller could not reach an agreement on the type of fencing. llMON by Councilman Wright to deny the Spacial Use Permit for parking until such time as the applicant can come back with a proposal that is agreeable to the neighbors. Councilman Wright suggested that Mr. Biller try to get together with his neighbors and work this out. Seconded by Councilman Barris. Upon a voice vote, there being no mgrs, Mayor Kirkham declared the motion carried. Mrs. Gerrety asked the Council if they will have to go through all the steps aglin. Councilman Harris said that if they can get together, it can be presented directly to the Councils Mrs. Gerrety asked if the majority did not rule, as there were about 10 neighbors in favor of the permit. Council- man Wright said that there has to be strong support among the close neighbors in a residential area. Mr. Miller asked if he needed a Special Use Permit for parking, or if he couldn°t just use this for parking without the permit. The City Manager said that he did need a Special Use Permit. Councilman Wright suggested he contact his lager on this. Mr„ Gibbs said that be could not represent both parties, but his opinion of the City Code was that you can park on residential property. Councilman Wright called for a point of order and suggested that Mr. Gibbs disqualify himself from speaking on this mutter from this side of the Council table. Mr. Gibbs said that for the record he would like to point out that they had not represented Mr. Miller in this petition for rezoning. Later in the Council Meeting Mr. Gibbs said that he felt Mr. Miller vent away from the muting feeling that he did not need a Special Use Permit. Mrs Gibbs said that Chapter 45.19 of the City Code states that you must have one and that he will inform Mr. Diller of this. Mrs Paulson suggested that the ordinance be rescinded so that Funeral Hames cannot be in residential neighborhoods. Councilman Wright pointed out that this approval was granted by the Courts. Mr. Gibbs said that a Special Use Permit is required. Mr. Paulson said he was speaking of the ordinance that allows the Council to do so by Special Use Permit. �t+i4 'Y4 IfiYYy �....' � T'.v l }Y _.Y�� !M Ma C Q� Wallace Miller 4•0' ZOA #64-08 Lot 2, Block 1, Brookview 2nd Add. x 0 0 Ir O A� Q � 6G ' 7 ku > C1 Q �1 G�� 5 SCALL nwG. X04-67 DRA w,v fy c -o (0/8/64 OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 o'clock P.M., Monday, August 7, 1967 to consider the follow;.ng matter: A request for a Special Use Permit to construct a parking lot for a funeral home in an R-1 Dist- rict on the North 130 feet of Lot 1, Block 1, Brookview 2nd Addition, Anoka County, Minnesota, as per City Code of Fridley, Minnesota 1963, Revised December 31, 1965, Chapter 45.19-2-h. (Request by Raymond B. Gerrety, 6679 Brookview Drive Northeast, Fridley, Minnesota 55432). Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Jack 0. Kirkham MAYOR Publish: July 28, 1967 August 4, 1967 OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 o'clock P.M., Monday, august 7, 1967 to consider the following matter: A request for a Special Use Permit to construct a parking lot for a funeral home in an R-1 Dist- rict on the North 130 feet of Lot 1, Block 1, Brookview 2nd Addition, Anoka County, Minnesota, as per City Code of Fridley, Minnesota 1963, Revised December 31, 1965, Chapter 45.19-2-h. (Request by Raymond B. Gerrety, 6679 Brookview Drive Northeast, Fridley, Minnesota 55432). Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: July 28, 1967 August 4, 1967 Jack 0. Kirkham MAYOR *and the Council has been very stringent on this and would be. remiss they did not: require suffici.cnt storage. Ile said tllt: City hasf.ouild that when they die: al not havthis tylic of ordinance in the code, they received a number of complaints about the lack of storage. t adClitional information necessary to make IIO'1'IO:� by Councilman Harris tha be available for a meeting oil July 24, 1967. a determination on these items Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor I:irkliam declared the motion carried. The CoL1I1Cli requested that Mr. Filister leave his plans. ter invited the Council to visit his apart - Later in the meeting, Mr. Fil.isto ment buildings in Golden Valley. The Acting City i'lanagger was et toaetherlltolvie�a him when the majority of the Council would be able to them. 5. CONSIDERATIO.; OF AT TEI:ATIO\S_A_\_D ADDT.TIO,"S`_I'Oi� Tt1F SERVT_CE ST:1TIOi� AT 6301 T. H #65 NO_:TIiI�1\ST, FRID —_ MINNESOTA. (LOT 9 AiiD PART Or LOT 10, BLOCK 1 �st00lif LAKE IIIGI%L�\iv'DS,~3RD ADDI1,101�. RF.��-ST BY P.ICHARD W. ST'4 I1+!=•R, 1589_ ROSELAWN , _S7'. _PAUL__NiNT SOTA: The Acting City �•ianager said that the alterations and additions they propose are similar to the improvements to the Texaco Station on University Avenue. Hn e said there is a fence othe east side put up by the neighboring residents. Councilman Samuelson questioned requesting site preparation. The Council C discussed a possible planting strip.and decided they would like an opportunity to look at this property. lterations for MOTION by Councilman Samuelsonto table consideratioy of 41967. Seconded the service station until the Special Meeting of Jul 24, by Councilman Barris. Upon a voice vote, there being no nays, Mayor. Kirkham declared the motion carried. t PLANNING COiDIISSJ'.ON NEETI.NG MINUTES, JULY 13, 1967: CONT __ 0-I S & S INVES'L�L°NT C0�•iPAtiY _IP?LBD R%7.ONT.`iG RF.QUT ST: 'LOA ', -`67 arlson's Summit .•lanor Annex 2nd REPP.ES_'NTED BY G:ILLIA,�I SHAW: Lots' 1-6, C Addition to be rezoned from R-1 to R -3A. Councilman Liebl said he would 1�kesee thatthis thepCil*yrty oil a is tryngatolclean base and at present they are empty lots up to improve the image rilteaCartmentebui.ldinh�tbultecaouldlfalvore61uaitated they are opposed to a 24 -unit p apartment buildings, and three could be built With sufficient parking spaces. Councilman Liebl said he would recommend that a compromise be worked out between the people in the area and the builders. Councilman Liebl asked Councilman -at -large liarris and Mayor Kirkham their opinions on this matter. Councilman Harris said that 'Mr. Shaw had requested a Public Ilearing be set and this was his prerogative. MOTION by CouncjILIKIn llarri_s to set a public liearinz on rezoning request ZOA 467-04 as requested by S & S Investment Con:pa:'y, represE ntc d by t�'i lliant 14, 1957. Seconded by Coui-Lcilnian SamuC1.S01?. UPon a voice Shaw, for c1Lt� -1 # carr icd . vote, counclltilai: Lic:?)l aL�Stal.nlI:k�, .t2.yVY l,i.rkllan. C.CC1<,rEd t#IE' motion Mr. Jack Velin, a visitor to the Council 1'ILE:tlil�, said he did not like• to see this item postponed. Councilman Ilari.is said that it was `ir. Slla,.a's determination to ask for OIC Public llearirig to spend and he was willing 6810 Brookview Drive N.E. 1°1inneapolis, I'Annesota 55432 August 3, 1967 Il yor J. 0. Kirkham City of Fridley Fridley, Minnesota 55.32 Dear Sir: Due to circumstances that require that I must be out of town on August 7, 1967, I regret that I shall be unable to attend the Council I'lecting of the City of Fridley when the council discusses the matter of a special use permit for a parking lot on the forth 130 feet of Lot 12 Block 11 Brookview 2nd Addition, Anoka County, Fridley, Minnesota, now designated an R-1 area. Please accept this letter as a substitute for my person at the council meeting. laly opposition to the above proposal is based on the following grounds: 1. The area under discussion is designated as R-1, residential. That use or benefit to the taxpayer is a zoning; ordinance, if, at the request of a commercial enterprise, the R-1 zone designation may be waived by means of a special use permit? 2. The presence of a com-ercial business and parking lot on the North 130 feet of Lot 1, Block 1, Brookview 2nd Addition, Anoka County, Fridley, 14innesota, will create the unwanted hazard of additional heavy traffic on 68th Avenue and Brookview Drive. Many children conduct their activities within this area, and additional traffic will pose a formidable threat to their personal safety. 3. The presence of a commercial business and parking lot at the above location will establish a precedent for future commercial businesses within R-1 designated areas. This would be conducive to the depression of property values, and would eventually create an attitude that the area is an undesirable place to live. 1.4. Since the proposed parking lot is reputedly to be used in conjunction with a Mortuary, the very presence of a mortuary is aesthetically undesirable in a residential neighborhood. Page 2 5. If no other locations existed, then grounds for consideration of the matter would exist. However, there is sufficient room within the commercially zoned areas of Fridley for commercial enterprises; and until the time arrives when no further commercially zoned property is available for comraerci al expansion, grounds for granting the special use -Permit appear to be insufficient. On the basis of the reasons, as stated above, I respectfully request that the application for a special use permit to construct a parking lot on the North 130 feet of Lot 1, Block 11 Brookview 2nd Addition, Anoka County, Fridley, Ainnesota, be denied. Sincerely, Br y e P. Shimmon N Z ^08 Lot Block 19 Drook-z'-ew 2nd Add. 1� I Awa R ,r,V C'. 4-,) 31 OFFICIAL PUBLICATION OFFICIAL NO^1ICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 o'clock P.M., Monday, August 7, 1967 to consider the following matter: A request for a Special Use Permit to construct a parking lot for a funeral home in an R-1 Dist- rict on the North 130 feet of Lot 1, Block 1, Brookview 2nd Addition, Anoka County, Minnesota, as per City Code of Fridley, Minnesota 1963, Revised December 31, 1965, Chapter 45.19-2-h. (Request by Raymond B. Gerrety, 6679 Brookview Drive Northeast, Fridley, Minnesota 55432). Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Jack O. Kirkham MAYOR Publish: July 28, 1967 August 4, 1967 --- 1 6 BOW OF AUXANG 123WO UU3111 14, 1966 The QW, was called to coNar at 702 WO, by Challm,n NlYrOckl tj 1�4'�., ran .0 YV MIMI -'A Mr. and Vers. Qu Ire v'-3zc jixennst Wi V, 50000 011M, Fun(Ya l Q".' ovnov Uns prcncatElS0000 of Wy BY00VIOW VVI also Waa ponscat. Mr. Seho:n onplaSand that his potio was WentlY acrOsn thO arent from the panka; lot, and ho did not Unal t0 1C0 at a Parki& 10t ivil of cars. Mr. Miller oxplainnd too junesduse Uf thepal.lot, and that be would bv trilUn3 to scXann the lot &W US, NOW11Y CO. NO" L '3y inclvslnr,, all 01 way to BTONVIVO Drive sarvico Road. V1. SCKOOD WIL that he UOU14 prefer to 41n a a6wevate shadoo block Pall nlcng thn 604 Avenue e,.dge, end Vor. 1jilley advj:04 that if tuch a 'Ectal l vare xequiz&, he would place it Only along the 107 font of th!G PVC2 of psorerty wN not oil the Vay to WG. View servlcy ROW, Mr, Szon&0ra, Oi thp Bonzd, stated that Ls feit the Bcord Vould try to deWuive ezactly W%at typa of vcrscntn3 to reeninand to thn Coun0l an a conjition Of tho SP0001 use PSAUt, and thnn he felt what a nhajon block concrete V01 would ha p:05,51y We :Olt vNeCtiVS, Tka Wnrd 010"Sced thl We Of seneoning at zone icnith -olitl-S Nr. 1111 -ler in'i 11r. sk-Jlc`an- Upon a oLce vota. Saunders votins MY, WHOIR dawV0z%-' N5fi. Wc�];.�rd v,z pri2:10 400 VZO00001 &0 rcq"Int Wity. " Bcard- 01-1 h- M? ------ �-N — —A -A A" A—MONK& on rorrannnd to ths CDUMCII z VOW GeTe haing no nnys, Chnizann muclon camlq?- PUBITC I IWIST Fj!,A W -11W ?AM C R E W TIC" -0 -U 2�LL ♦ y- yq? —S INTO!! K DRIVS N5fi. Wc�];.�rd v,z pri2:10 400 VZO00001 &0 rcq"Int Wity. " Bcard- 01-1 h- M? ------ �-N — —A -A A" A—MONK& on rorrannnd to ths CDUMCII z VOW GeTe haing no nnys, Chnizann muclon camlq?- REGULAR COUNCIL MEETING, SEPTEMBER 19, 1966 BOARD OF APPEALS MEETING MINUTES - SEPTEMBER 14, 1966: ry (1) PUBLIC HEARING ON A REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT A Y PARKING LOT FOR A FUNERAL HOME IN AN R-1 DISTRICT ON THE NORTH 130 FEET OF LOT 1, BLOCK 1, BROOKVIEW 2ND ADDITION, AS PER CITY CODE OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, CHAPTER 45.19-2-h. (REQUEST BY RAYMOND B. GERRETY,6679 BROOKVIEW DRIVE NORTHEAST, FRIDLEY, MINNESOTA 55432): Mr. Schoen, 6800 Brookview Drive, Mr. B. P.Shimmon, 6810 Brookview Drive, and Mr. M. W. Smith, 6801 Oakley Street Northeast, were present at the Council Meeting objecting to the Special Use Permit. Mr. Smith said he was opposed to a parking lot regardless of the type of screening used, and opposed to the Funeral Home. Mr. Schoen said he had been at the last meeting to oppose the parking lot and the Funeral Home. He said his back door looks right into the Funeral Home. It was pointed out to them that it had been a District Court decision that allowed the funeral home in the residential zoning district. Mr. Wallace Miller, Funeral Home owner, was present at the Council Meeting. He showed the Council his plans and explained them. There was a long discussion at the Council table regarding fencing. Mr. Miller was willing to fence with poplar trees, a hedge or redwood fencing. Mr. Schoen said he could agree with a decorative block wall, but Mr. Miller objected to this. There was a discussion of the additional traffic and street parking. Mr. Miller agreed that if he had the parking space, he could use portable signs to encourage people to use his parking rather than park on the street. The objectors and Mr. Miller could not reach an agreement on the type of fencing. MOTION by Councilman Wright to deny the Special Use Permit for parking until such time as the applicant can come back with a proposal that is agreeable to the neighbors. Councilman Wright suggested that Mr. Miller try to get together with his neighbors and work this out. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mrs. Gerrety asked the Council if they will have to go through all the steps again. Councilman Harris said that if they can get together, it can be presented directly to the Council. Mrs. Gerrety asked if the majority did not rule, as there were about 10 neighbors in favor of the permit. Council- man Wright said that there has to be strong support among the close neighbors in a residential area. Mr. Miller asked if he needed a Special Use Permit for parking, or if he couldn't just use this for parking without the permit. The City Manager said that he did need a Special Use Permit. Councilman Wright suggested he contact his lawyer on this. Mr. Gibbs said that he could not represent both parties, but his opinion of the City Code was that you can park on residential property. Councilman Wright called for a point of order and suggested that Mr. Gibbs disqualify himself from speaking on this matter from this side of the Council table. Mr. Gibbs said that for the record he would like to point out that they had not represented Mr. Miller in this petition for rezoning. Later in the Council Meeting, Mr. Gibbs said that he felt Mr. Miller went away from the meeting feeling that he did not need a Special Use Permit. Mr. Gibbs said that Chapter 45.19 of the City Code states that you must have one and that he will inform Mr. Miller of this. Mr. Paulson suggested that the ordinance be rescinded so that Funeral Homes cannot be in residential neighborhoods. Councilman Wright pointed out that this approval was granted by the Courts. Mr. Gibbs said that a Special Use Permit is required. Mr. Paulson said he was speaking of the ordinance that allows the Council to do so by Special Use Permit. REGULAR COUNCIL MEETING, AUGUST 7, 1967 PAGE 2 AQ for the cost of this improvement. Mayor Kirkham said that his frontage was on Mississippi Street, so his property would be considered side street, and this would make a difference on how it will be assessed. The City Engineer said that the City is hoping that the State will bear the major cost of the improvement as it will be used as a service road for University Avenue, and the City's cost should be 1/3 of the total improvement. He said that the assessable cost would be $3.98 per foot. The Finance Director said that Mr. Brunkow's parcel has been figured at $214.92. Mr. Brunkow asked if this was for street, curb and storm sewer. The City Engineer said that this was street surfacing, curb and gutter, and that no additional storm sewer is being put in at this time. He said they are using the existing system at present, but this could be assessable in the future if there is a need for it. Councilman Harris pointed out that Mr. Brunkow was in a good position as the County put in the street in front of his property, and the State will share in the cost of the side street. Councilman Harris said that sidewalk is in on Mississippi Street, and he suggested they consider sidewalk on the west side of 5th Street and the north side of 64th Avenue for pedestrian traffic to the Civic Center, other- wise people coming to the new library would walk on sidewalk on Mississippi Street and then on street to 64th Avenue. He asked the City Engineer if this had been considered. The City Engineer said that they had received no direction from the Council, but if the Council wished to do this they could figure the cost at approximately $3.00 for a 5 foot sidewalk if it is put in with the street improvement. He said that if it is done later, it would cost approximately $4.00., Councilman Harris said he felt this project would not be complete without sidewalk and would urge the Council to consider sidewalks on 64th Avenue and 5th Street. Mayor Kirkham said he would agree with this and said they could direct the City�Engineer to make this addition to his plans. Councilman Samuelson said he also agreed with the sidewalks. Council- man Liebl asked if the street was going to be 44 feet wide as had been discussed, and if the sidewalks would cut down the size of the street. The City Engineer said that there is a 60 foot right-of-way, and if a sidewalk is put in on one side, the road could be shifted over. It was pointed out that another hearing would not be necessary as this Notice of Hearing listed "oth-r facilities" in the improvement, which would cover the sidewalks. MOTION by Councilman Harris to include as part of this hearing directions to the Administration to include in this impr ovenisnt project sidewalks on the west side of 5th Street and the north side of 64th Avenue. Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to close the Public Hearing on the Street Improvement Project on 64th Avenue and 5th Street. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the hearing closed. PUBLIC HEARING ON A SPECIAL USE PERMIT - MILLER FUNERAL HOME: The Acting City Manager read the Notice of Hearing. Mr. Marvin Smith, 6801 Oakley Street Northeast, said he objected to this Special Use Permit as it would be spot zoning. Mr.. Herb Schreiner, 6851 Oakley Drive Northeast, asked how this permit would conform to the City Code according to the REGULAR. COUNCIL MEETING, AUGUST 7, 1967 PAGE 3 number of cars allowed for the size of the lot. He said he could go along with the number he was legally entitled to, but no more, and he would object on these grounds. The City Attorney said that the City Code provides that R-1 can be used for parking with a Special Use Permit, and this is what the applicant is requesting. He said he did not know the number required based on the size of the building, but he would assume that the adjacent lot would be sufficient. Mr. Schreiner inquired about the tax burden on the entire footage, and said there would be a loss in taxes for the City if it is turned into a commercial area and away from the R-1 code. The Finance Director said that Mr. Miller would be taxed on the value of his property and any improvements to the property. Mrs. J. R. Ferguson, 6811 Oakley Street, said she had taken a brief survey of the children on Oakley and had counted 45, and she was sure this was not the total number. She said that the children catch the bus at all hours on Brook - view and 68th Avenue and this parking lot would be a traffic hazard. She said she also did not care to look out her family room and see funeral processions. Councilman Harris pointed out that the land shown on the map as Lot 2 has already been zoned for the funeral home use, and Mr. Miller can build on Lot 2. The City Attorney said that the question before the Council is whether to permit additional parking on the next lot. Mrs. Smith said she was absolutely against a parking lot right across the street from her home, as there will always be banging of car doors and 'it will attract bigycles and even motorcycles. She said they had checked to make .sure this was zoned R-1 when they had bought their home. Mr. Richard H. Schoen, 6800 Oakley Street Northeast, said he believed that little by little this land is being taken away from residential zoning and it is getting out of hand. He said he did not want a parking lot, and that no one would buy his home if one is built. Mr. Don Crispin, 6820 Oakley Street, voiced his objection to the parking lot. (COUNCILMAN SHERIDAN ARRIVED AT 8:34 P.M.) Mr. Schreiner complained about the weeds in the yard. Mr. Ferguson said he felt the same as his wife did about this being a traffic hazard for children. Mr. Saba, 6821 Oakley Street Northeast, asked' if the roads would be large enough to handle 150 more cars, and asked if the plan was for the cars to come out of the parking lot onto 68th Avenue. Mr. Wally Miller explained that he will be building his funeral home even without the requested permit, but he is asking for additional parking area for at the most 10 cars on the new piece of property. If he does not receive the permit, he will have to reduce his building in length. Councilman Harris asked Mr. Miller if he will have adequate parking with the smaller structure. Mr. Miller said yes. He said he has put in the service road, and has driveways in the curb for an exit and entrance on Brookview Drive. Councilman Harris asked him if he is not able to build to the property line on Lot 2, would the overflow parking go into the street without the Special Use Permit. Mr. Miller said that this could be. The City Attorney explained that the removal of private restrictions on the plat for Brookview Addition to make it possible to build a funeral home had r been handled in District Court in Anoka County and the City had nothing to j do with this. Councilman Liebl said that the Council could not stop Mr. Miller 'p from his right to build a funeral home, the question would be whether to have the cars park on the street or give him a separate parking lot. He said that he felt letting the cars park on the street would be more hazardous, Mrs. Smith REGULAR COUNCIL MEETING, AUGUST 7, 1967 PAGE 4 10 said that a parking lot would lower the value of the surrounding property. Mayor Kirkham said that this would depend on how it was put in, the land- scaping, and adequate fencing. Mr. Miller said he intends to fence the property attractively and the fence could be continued to the east as far as possible without becoming a traffic hazard, instead of just north and south as he had intended. He explained again that they did not want the full 170' of the lot, but only a few feet right behind the funeral home. He said that his plans were to start construction within a month whether the Special Use Permit was granted this evening or not. MOTION by Councilman Harris to close the Public Hearing. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing on a Special Use Permit as requested by Mr. Wally Miller closed. The people in the audience asked what the Council decision was on this. Mayor Kirkham said that the Council would take time to study this. Mrs. Ferguson asked if the people would be able to find out who had voted for or against it. Mayor Kirkham said that this would be a matter of record. PUBLIC HEARING - VACATION OF CHARLES STREET: