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ZOA01-02-DENIED r s- �r� � � � � R , (� yy�{ �,�s. .l�y'� � . J �s, �� i�� '� ��+s 'f,�{;"(: !�`'•�`T'�,y,J��M� ,�x �.a . P� �� 'r1 �t�. A y�p�� Y��,1 i,.'`r �as7�,o}�'� � ¢ e��'+ia � . �.7• �. ` ,��. "��; ` " .,- . � . �� Y�`� �'�r r� �, k�,��,�y� g �` x�, ,�� ,µ ��- � � ,4� �a �.�r �' '�' �• �'�. � �_�pn�t _, . _ .. _ '�' �E;�r s '''�.��*�a�'�'4 , '`` .... �"��`...F.`��.�. d_a� ��r,�:�n`�:'#:t�'G=` . ., ''r �. Ci, CITY OF FRIDLEY 6431 UNIVERSITY AVENUE ; FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT `, APPLICATION FOR: � � Rezoning Zoning Text Amendment ., PROPERTY INFORMATION: - site plan required for submittal, see attached Address: '- 0 �r� Property Identification Number: b0 Ca � Legal Description: Lot Z Block Tract/Addition Frn�ciS �d ; ,; Current Zoning: 1 Square footage/acreage: Requested Zoning: (Z Reason for Rezoning: n Or; Se tion of Zon' Code to be Changed: (Attach requested language) Reason for Change: � � Have you operated a business in a city which required a business license? Yes No_� If Yes, which city? � If Yes, what type of business? Was that license ever denied or revoked? Yes No /�r�r�V�V V1V�V�V�V�V�V�V�V�V�Vti/r�V�V/�/�V/�r�r�V�V�V�V�V�V1V/V�V1r�V�V�V�V�V�V�V�r�V�4r1V/rtiiV�V�V�V�V�V�V�V�V�VArN�V�V/�//V1rArN�V FEE OWNER INFORMATION (as it appears on the property title) (Contract pur�ase� Fee owners must sign this form prior to processing) � NAME: '' ADDRESS: � f--> i cQ I'�1 3 DAYTIME PHONE: 7G3-'"1 R5�1�� SIGNATU E/DATE: �..�.�r�r�r�r.�..�r�.w.�r.�r.�..�ri►.�rwr�r�r�r/.r..r�.�r�r.�r�..v^r..r�r�...rr�..�....^r.�..�.�r�.�r.�..�..�.....�.....�.�.�rwr�rr�r i►.�.^.�r�r�v......�.r�r �� PETITIONER INFORMATION NannE: v b b� �"I"��I�Y" ADDRESS: ��}�q �. R;Ye.�- Rc,�.. '�on (Zc�.P��s� M n1 �5y33 DAYTIME PHONE: 7(o3-`lg5.21 a� SIGNATURE/DATE: /�r�V�V�V�V�V 1V�V N�V iV�V NiV ti/Y/r�V�V�V�VArN�V�V�V�V NArN/V/�riV�V 1r/�r�V NN�V/V N�V�rNNArArAI�V1r�V�V NN�V�V�VAr�V Ar1V.V N/�r�V/V FEES Fee: $SG0.00 �� Rezoning $300.00 Zoning Text Amendment Application Numbe� A�p o�-v�Receipt#�;�� Received By: Scheduled Planning Commission Date: [� Scheduled City Council Date: '� 10 Day Application Complete Notification Date: SO Day Date: �3 � ': � � �R4��d4'��"�*�±:r.3;v.'�.�.;;'�'.��. �re wn,, a,J�:^�"�'s'?.'-,�"�:%<'�,. .�,;tar�G3 -�',P�!+yh�#<�,�27��k• ,,,gc,��" `:.�. . �J. �I� . .. j '., t � . ■ . — _ _ _ _ _ �� _ f -��t I � e � _ � � � ��-��e . . Y A li cat� on Proce � pp ss 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial � 21-40 Days� 50-60 Days � � � � , i � � Approved, Action Taken Letter � Application Complete � , ; 10 Day Notice � � � ; � Tabled, 60 More Days i Submit Complete Public Hearings: ; , Application and Variance ; Denied Materials Vacations ; Lot Splits Public Hearings: ' Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements � Comprehensive Plan Special Use Permits �., . . .. , ... _ � ,: . � �.. . ..�� . � : _.� _ * . .-��w�r ,.:_ ,: ,� -.,. . , .. .... . .. .._. _ . , . , - . � _ - .,_ . ;,. . . �: , ,.� _ , w _ � . - _ o. , _ . . ; .... �. _ , '. �a�� ... .�� V �.: . . ,.....a. ..,R :�. .. .:� -...,: ..� .. . - . _ . �. ..� a_... . .. �y.- ,. . ._ .�... � ... .. .. . � . -...' . ........ v..:. �.a_.x .. ...:, us. r r.� :..�.�.�. . •�. ` . _ _ -.. .... . . -�.,. , ' . . ' •y�. ., ., �.... _;_,x: ..«. ....�. . �. _. n ...r.: . . , .T._ , v.c. . . . , n.. . 4 a .� :� 010165 3/30/24 TAYLOR,KATHY ADVANCE SURVEYING & ENGINEERING CO. 5300 S.Hwy.No.101 Mianetonlca,MN 55345 Phone(952)474 7964 Fa�c(952)474 8267 SURVEY FOR KATHY TAYLOR SURVEYED: April,2001 DRAF1'ED:April 9,2001 LE(lAL DESCRIP'fION: Lot 2,Block 1,Froids Addition,Anoka County,Minnesota. SCOPE OF WOAK: 1. Showmg the lengt6 and d'uection of boundary lines of the above legal description. The scope ofoursarvicesdoes not include determining what you own,which is a legal mazter.Please chxk the legel descriprion with your records or coneutt with competent legal eounsel,if neceesary, W make sure thet it ie cortect,and that any mazteia of Rcoc�,sueh as easements,that you wisl�shown on the curvey,have been ehowa. 2. Showing the localion of existing improvements we deemed imporlant S 89"57'37' E 3. Sotting aew monuments or verifyiag old monuments to mazk the comets of the property. __ - --702.00-- _, �� DRNNAGE AND M Y_x—o EASp1[ry 3TANDARD SYMBOLS 8c CONVENTIONS: ' S� � — � �to "�"Deaotes 1/2"ID pipe witt�plasric plug bearing State License Number 9235,aet,unless otherwise �y — ---- naed. —— ——— n 7.3 �'CNNN LINK FENCE CER'fIFICATION: � GARAGE -� � I haeby ceriify ihet this survey was prepared by me or under my direct supervision and tLat I am a /��s Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. ^ 6.5 x.o� � �\ .� m' 11.4 V �D aZ o �B.S o 5.� ames .Parker P.E.&L.S.No.923 ,President / ,; 11.2 0 77.2_ S.B A. 3 2 1/2 STORY � w , � FRAME /401 �� EXISTING N� N Nr EXISTiNG DWEWNG ' on e.1��t4.o *72,�! Z! "�oo DWEWNG I ol � � z / w � � � 73_5 � � I I I I I o ' I I I I I �I pl I � 1OI ml I I � �� n � � I a� ,?,i � I I � I I I � I I I � I I -- — — — —`— — — rwno Vr rauo V%' — — — — — — — � " --101.79-- '- S 89'54'05' E GRAPHIC SCALE � � p „ m IRONTON STREET c�„�� - - — — — — — — — — - - 1 inch- YO it 4 DWG. N0. 010165 _ _ C��F FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 May 14, 2001 Bobby Taylor 8409 East River Road Coon Rapids MN 55433 Dear Mr. Taylor: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a rezoning on May 4, 2001. This letter serves to inform you that your application is complete. Your Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on June 6, 2001 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your rezoning on June 18, 2001 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. - Sincerely, . � t � �L��' U`" L, ✓ �. Stacy Bul h �' Planner C-01-67 (� -� I�1 e i�� - �-��-�-�l, L� l C �.LS City of Fridiey PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,June 6,2001,at 7:30 p,m.fw the purpose of: Consideration of a rezoning,ZOA;l01-02, by Bobby Taylor,to change a dwelling from . single family to a multiple family dwelling, legally described as Lot 2, Block 1, Froids Addition, generally located at 401 Ironton Street. Any and ail persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 783-572-3599. Hearing impaired persons planning to attend who need an i�terpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than May 31,2001. The TDD number is 783-5�2- 3534. , DIANE SAVAGE CHAIR PLANNING COMMISSION 'May 24, 31, 2001) Fridley, Columbia Neights Foc�News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E . on Wednesday, June 6, 2001, at 7 :30 p.m. for the purpose of : Consideration of a rezoning, ZOA #O1-02 , by Bobby Taylor, to change a dwelling from single family to a multiple family dwelling, legally described as Lot 2 , Block l, Froids Addition, generally located at 401 Ironton Street . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 31, 2001 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: May 24 , 2001 May 31, 2001 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 401 Ironton Street. CASE NUMBER: Rezonin , ZOA #01-02 APPLICANT: Bobby Taylor Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To change a dwelling from single family to a multiple family dwelling. LOCATION OF 401 I ronton Street PROPERTY AND LEGAL Lot 2, Block 1, Froids Addition. DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, June 6, 2001, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than May 31, 2001. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Bulthuis, Planner, at 763-572-3595. Publish: May 24, 2001 May 31, 2001 � � � � �� , , � — CitySight \ `� `, ' i SnapShot � � � `• '� � . �•, '� •', _--1 ` `l ZOA#01-02 ` , �� '•, '�� i BOBBYTAYLOR-401 IRONTONSTREET \ ` , , l __ _ . —._ - Selected Parcel Info , _..... _. _.___ ._ _ l \, 1 ..�._..-_ ,`1 l ` � � � I i ParcelInfo: 1 'l \ \i � I ��/ -�j 1 8253 � Q Map Legend: / � ` ! H�v� LABEL PARCEL ADDRESS , � __ ` '; , _ ,l �1 1` -- �/� I LABEL STREET NAME -" �'l \� i" 1 � �_ ,. � � i ___ WATER LABELS � �, I CITY LIMITS ' ' ------ QUARTER SECTIONS 51a `.� 1, � � 8255 ( i ——— - STREET CENTERLWE � � I —� WATER � � PARCELS l � .................... __ _ — ' �..��1, ` ,�5 I I , 1 ;, ; �-' \ � \ � � ; ! I � , �� Selected Parcels(1) � � i � �: � � i �`,; $2�0 '`, `�, `, N�, i � � o � c o ! � -w i � j I � I j � � ' � � ''l I � i � j i � , % � i i I ,, ;` ,;, � .� � ; � �, ; � I I� , � 1 %" �'� '1 ; � —`'" — • � � —J � �. , _ __ _ ` - % �-- _. _- , — ' � _-- �--,, •� -�" __----'� '�. �' �� - -- - -- _---- -- - -._ - - _-- , , ,1, 1 R�I�fi4�1 �T- - ,� , , � , _ _— , , _.__ __ _ _ , _ ,\, �oo \�l �, i1 ��- I � � ��II i' � 1 l 1 � , ! •ll `\ � � I � I � � '\ ,\ � I v ',l __ -!�-�,, \, $191 j 430 ' o � N � \ "-' � `� ` i i I �. � `� 1`,, 1 �, � 1 l ` 11 1• n � �. `l. \ � V,�g�. \ , ��--- �--- . _ _ , , ' __.-_. . l \ `, tiy/ ,, ,�l �t �`l � l�\ 1II � � 'Y I � I W i... � . � II LY �J I � �,` �,` _�- �, \�l � ,`` , (n � � � � QO I ""; C3"J / _ - �� `' � � I f+� � �/Y ;=`� �--,,1 �'ti � �-= � , , : � I �-'' .--- � � ' � A �� ...�- ..%''� �1 �`.' \ ' ......... .. ! , .- ..� ,\ _._ __" _• �-- l --" ` �. - , '--,"`- \ $� �\ , � - - - - - Map Scale: 1" = 196' p�a�s�9ri� _.� Q1 \ ` —��:, -— ........ , _ Map Date:May 25,2001 �r��u��a:;uec - •� C) , I ` ` � ! � _ II Data Date:December 2000 1\ GT, 1 -�' ` l� , I A Note:The information provided by this program has been compiled from recorded deeds, plats,taxmaps,surveys,and other public records and data. It is not a legally recorded map or survey and is not intended to be used as one. Users of this data are hereby notified that the information sources mentioned above should be consulted for verification of the information. r i SCHMIDT NO MAN & ELDA CURRE T IDENT ANOKA COUNTY OF HIWAY DEPT 451 HU T NE 0 2100 3RD AVE FRIDLEY N 55432 FRID Y, 55432 ANOKA, MN 55303 CURR ESIDENT �� ANOK C NTY OF HIWAY DEPT CURRENT RESIDENT 461 H 0 ST .�� 2100 D AVE 8180 E RIVER RD FRIDL Y, MN 5543� ANO A, N 55303 FRIDLEY, MN 55432 ANC�NTY OF ANOK C NTY OF CURRENT RESIDENT 2100 D AVE HIGH Y DEPT 360 HUGO ST ANO MN 55303 ANO A, N 55303 FRIDLEY, MN 55432 0 IE A RED R CURRENT RESIDENT STEN AN KAREN L 360 GO ST NE 420 HUGO ST 420 G T NE FR L Y, MN 55432 FRIDLEY, MN 55432 FRI , MN 55432 CURRENT RESIDENT STE MA KAREN L CURRENT RESIDENT 420 HUGO ST 420 GO ST NE 440 HUGO ST FRIDLEY, MN 55432 F L MN 55432 FRIDLEY, MN 55432 CLAGGET GAR &JANICE M CURRENT RESIDENT SWEN ON TAMARA 440 HUGO�� 450 HUGO ST 450 ST NE FRIDLEY, 55432 FRIDLEY, MN 55432 FRIDLE MN 55432 CURRENT RESIDENT ANOKA COUNTY OF AN K OUNTY OF 8255 E RIVER RD FRIDLEY, MN 55432 , OKA, MN 55303 ANO A, MN 55303 CURRENT RESIDENT CASEY ICH EL V& HEIDI M CURRENT RESIDENT 8164 E RIVER RD 8164 ER RD NE 8182 E RIVER RD FRIDLEY, MN 55432 FRI Y, MN 55432 FRIDLEY, MN 55432 KELLN R A �D P CURRENT RESIDENT AN�4�NTY HWY DEPT 8182 E ER RD NE 8200 E RIVER RD 21 RD AVE FRID Y, N 55432 FRIDLEY, MN 55432 A OKA, MN 55303 FAVRE GORDON D&GWENDOLYN 8255 E RIVER RD NE FRIDLEY, MN 55432 CURRENT RESIDENT AGE�OBI J CURRENT RESIDENT 505 JANESVILLE ST 505 J ESVILLE ST NE 361 IRONTON ST FRIDLEY, MN 55432 FRID EY, MN 55432 FRIDLEY, MN 55432 GASPE G EVA C CURRENT RESIDENT GAR I JOHN E& DONNA M 361 IR ON ST NE 371 IRONTON ST 371 ONTON ST NE FRIDL , MN 55432 FRIDLEY, MN 55432 FRI LE , MN 55432 CURRENT RESIDENT BUR ET JAMES C&JUDITH A CURRENT RESIDENT 377 IRONTON ST 377 I NTON ST NE 381 IRONTON ST FRIDLEY, MN 55432 FRI MN 55432 FRIDLEY, MN 55432 BULTE A DREW H CURRENT RESIDENT MA ONEY MAX W& NOBUYO 381 IR ON ST NE 391 IRONTON ST 391 ONTON ST NE FRIDL , N 55432 FRIDLEY, MN 55432 F L MN 55432 � CURRE ��SIDENT � CURRENT RESIDENT WILb,S NORMA 8184 E��VER RD �� 401 IRONTON ST 401 ONTON ST NE FRIDLE , iv�N 5543 FRIDLEY, MN 55432 F L , MN 55432 CURRENT RESIDENT THOMPSON JEROME K& FAYE L CURRENT RESIDENT 411 IRONTON ST 6139 PINE ST 421 IRONTON ST FRIDLEY, MN 55432 CIRCLE PINES, MN 55014 FRIDLEY, MN 55432 CROW LL & MUESING P CURRENT RESIDENT HARST D ENE M 421 IR TON ST NE 511 IRONTON ST 511 IR TON ST NE FRIDL Y, MN 55432 FRIDLEY, MN 55432 FRID Y, N 55432 CURRENT RESIDENT HA T GENE A& MARYANN 500 IRONTON ST 500 ONTON ST NE FRIDLEY, MN 55432 FR DL , MN 55432 CURRENT RESIDENT WIL ON ARY W& KAY J CU RE T RESIDENT 510 IRONTON ST 510 I NTON ST NE 819�RIVER RD FRIDLEY, MN 55432 FRI L MN 55432 FRI�L�Y, MN 55432 ST ARNOLD SCOTT H & MARIA A CURRENT RESIDENT ST�LD SCOTT H & MARIA A 350 IRONTON ST NE 8191 E RIVER RD 350 I NTON ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRI E , MN 55432 CURRENT RESIDENT LEP ICHAEL G CURRENT RESIDENT 366 IRONTON ST 366 ONTON ST NE 382 IRONTON ST FRIDLEY, MN 55432 FRIDL , MN 55432 FRIDLEY, MN 55432 KAN M AEL K CURRENT RESIDENT CUR ENT ESIDENT 382 I NTON ST NE 8253 E RIVER RD 420 I TON ST FRID E , MN 55432 FRIDLEY, MN 55432 FRI E , MN 55432 BUTLER DOUG R &JEWEL CURRENT RESIDENT BUTLER DOUG R &JEWEL 6875 UNIVERSITY AVE NE 420 IRONTON ST 6875 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CUR ENT ESIDENT ST ARNOL" TT H & MARIA A CU EN RESIDENT 8191 IVER RD 350 IRO N ST NE 8191 IVER RD FRI Y, MN 55432 FRIDLEY, MN 55432 FRI L Y, MN 55432 ST N D SCOTT H & MARIA A CURRENT RESIDENT ELLI BARBARA J & BRUCE A 350 NTON ST NE 430 IRONTON ST 430 I 0 TON ST NE FRI L Y, MN 55432 FRIDLEY, MN 55432 FRI Y, MN 55432 WIL-CAST INVESTMENTS INC CURRENT RESIDENT OVE ON RAYMOND M & ESTHER C/0 DAVI�OREEN MOHS 509 HUGO ST 509 0 ST NE BLAINE, 55449 FRIDLEY, MN 55432 FRI L Y, MN 55432 CURRENT RESIDENT POVL�TZK/I MARTI J & NINA J CURRENT RESIDENT 369 HUGO ST 369�F�P0 ST NE 371 HUGO ST FRIDLEY, MN 55432 FRI 'CE1(, MN 55432 FRIDLEY, MN 55432 SCHU TZ CAMILLA A CURRENT RESIDENT BEHR�JOSEPH T 371 H�ST NE 381 HUGO ST 381 0 ST NE FRIDL MN 55432 FRIDLEY, MN 55432 FR L Y, MN 55432 CURRENT RESIDENT VNUK' IS R CURRENT RESIDENT 389 HUGO ST 389 H 0 ST NE 510 JANESVILLE ST FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT FORTI R EODORE& MARLYS M CURRENT RESIDENT 441 HUGO ST 441 H 0 ST NE 451 HUGO ST FRIDLEY, MN 55432 FRIDLEY, N 55432 FRIDLEY, MN 55432 : ��C- C�.� Inspection RepOt"t Property Address: 401 Ironton Street Property Owner: Norma Wilson Inspected by: Dave Jensen, Building Inspector Scott Hickok, Planning Coordinator Dick Larson, Fire Marshall Paul Bolin, Planner Kevin Hanson, Building Inspector Buildina / Fire Code Issues: (individual inspection reports / notes attached) 3`d Floor Unit • fire window lacking ladder to grade • needs "tagged" fire extinguisher- minimum size 1A-10 BC • needs smoke detectors attached to walls or ceiling • toilet is not secured to floor- floor in bathroom needs repair or replacement • unsecured electrical receptacle in entry way • storage in hallway • water stains on ceiling • bathroom fan - vents to a habitable room, exposed electrical • handrails do not meet code requirements � �P v�,� FLcr.�% 2"a Floor Unit • toilet runs constantly • floor appears to be damaged (spongy) in bathroom • mold in bathroom & on kitchen ceiling • water stain on kitchen ceiling • broken windows • needs "tagged" fire extinguisher- minimum size 1A-10 BC • needs smoke detectors attached to walls or ceiling Basement Rental Rooms • Egress window need to be finished • Padlock on bedroom door must be removed Outside / Other Issues • steps to 3�d floor unit need to be replaced • more than 4" gap in deck and stair railings • no evidence of electrical inspections on any "add on work" ?" !C�%i�f .��C y -r fr's�'j,,�.;.--�` z /e E� '�fl� �/c'G� Tc�� /U /��'.2-} T-i�� G��i rs ' l2-�%9' .. �,4 Q..� Ko�.�J .� . �Gl� R�� %� ;;C'/1�,N j� r p /1Z/��L'�" �� 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S f= Z>a �a f' �y► E�" i G.c� a �. ��Z�' � � �.v �. ��rJ,� �f/.4�PEv i�'o.� ,B.�T.�/2 o�-Y �% q la� � 3 � l�c�a .4.v,1> ,E�i r� �r,t� � � � . � �D �Loo2 �v�vT_ � / �'/�- �T"� /�iSr.S ��/[� /��rl�,C,,�G�� —/L�Ga �L�i@�L � T" Z�` �G.C�c^s� �i�'tl.c?;!� �� v'"`,� �.�.l� ��'°Gi'��..'� �'3 /�''o G�"',��i�T�ia,�--. �f�J S�p� G' 7'e"�G`�,rt� -,-- t..r�'"e��,-- �",G�� .� .�`�'� � �� '�Y .,v ��,�-�--- ,�dG�-� ,v� �-- G'-�l✓ ��'c'��a ca�.�'f��`�"�i�oC'.'.� "/t/�o ��'��7- � /oic�i C v��i�'�Ti��.yrJT �,�� /�c'7— d��.P> �'� c>cr�sl.G�� G�� v .��T--��S,�T,�r ��/ /1�r�,e� �v�,e o,v ��a.Q ��t/o /�Z�.�� /� ��sT ,eoa� :� ��,4'�� d�',�i� /,r.�� y'J� 7-'- 7--�� C�� ... �'r�,� �~'�o�.� � �0�.2.. ,�.-v y�iE'o•��-- �� .�.�,,8, �'��.c� � ,�0 TT��%, � Gl�.�L GS ��o.rl�'•� ��c'/�i' /,aJ �� '.� o� � ��.a�.�,/...��,�.�r�� .. � �o f�/ �� --��,� � :��i�� .�.7�0� ��' i�� c�c�2,.�� /C./�� l�v ��—'C�',��"� — l.v,��. l��/�i�Gr� ,�i�a� �o� � �_ T--- ��o �� 1j� i1� �£j!�i�'!� -�- .;✓��'�,�' c� �/=�S C�' ,��,�!� �1��'�� n "� ��,�iP �,��G /s�� GS /S��% T� c�Jd� �_-----�-�-�__. r-.�-,.r�--e:..---�-,- -_�--�--�—'.�-,`.. � 1 . ��- i��; —�.�..�' � 8 ' � INSPECTION REPORT �� Ct�Y OF FRIDLEY MINNESOTA � `�Jy� 1 ' (612) 572-3604 ��.,.,. `E. ADORESS - a j G./�- . /' - . t ' _.� n 1 � �, I � .. _ _ _ . _ � OWNER = , `-f ` ' (`'� " � - - � -, - � - - - _ _ .� •. � i ` ' . -- � i: BUILDER ' - y /`�� T� / . _ . 1 � � `^�'C, f /'n � /` - r DATE � PERMITNO.� �' � v . DESCRIPTION/ L�—� �l/t ��> � ��/� ��-�-� ��.� �.�L- INSPECTION REPORT DATE � REPORT .I / � � � ; �� --SS v,�� //� �� i' - � .� ; � _ C � �I (7 �� :,! � `'/ � D�C � , �� ' �� ;�i , .. � . : .— - . _ -- � t,`,�—� � � _`, �, :. . _ _. _ � _ � � /v� —�=�`. , _ ;. � �� _ �; � �—� �/ku � — � s '� r If no corrections are listed above, app oval hereby given to proceed. You will be in � violation of the ordinance if you do not call for the proper inspections and make � corrections as called for. : i ; �� r i _ '—r— __.. ✓ s�-� �' ! -/•`%:✓i"C. _- �-•. � � � � . , . ./' " 1•. �� .�« � . .�_�//,� . � J /7 L" i �_� . � �..��d'� �� ,�' _�� '�,�?r'.=c �2�� .J �-�, �-_�, , �':� '.�.�j, . � :�--,:r� .;__, ,� ,i'C ,,�'✓�'.=y��,,�' . �.=.i /�-��° S!�r//-`' �"y -�s�.��-�`� •�`3-- .��'� � �,�y L.� !/ S � l /�'v /l� r� O� �G�i�� "�� rr-�'�/'�-�� ,� ��i��.�.. �b w�z-�o �� . ��,P�l /T �� /(l2� �1 G.�i'jZ/��G(i`-r .L//'��/� ;'�� =� L � ��. �e �"2/G'��--� Gv d.�.� C� ,� �'��T-" r�- �'�,� � , . ? ^ � ; � = ?�i��/C /'�'/Gl�.:��- �' ,�`� �. �"c> ��==-.�� I t `. _. ---- _ , INSPECTOR OF BUILDINGS i.00ATION 401 Ironton Street N.E; OWNES ��-��1-s-ot�- Willson LOT 2 BLOCK 1 ADD. Froid Addition G�R��' �.UV Pernsi! No. Consiruc2ioa Dat� Contracior Cos! Final / 4075 Water & Sewer Permit 9/28/60 George Froid $30.00 l�x�p� ,�lJfleJ 1296 Plumbing Permit 9/29/60 George Froid 3.25 9907 Building Permit 8/27/68 Owner 5.00 �'v�'��' �--�-13,547 . Building Permit(Remodel) 5/26/76 Hugo Skrandies Cont. 39.00 � t'/X ' �ufl « __f�6767 Plumbing Pezmit 6/10/76 D. H. Hent es Pl 5 �• 7.50 12/3/76 ��,C - �� - 11,369 Electrical Pennit 6/9/76 Eichmiller Electric 17.00 8/20/76 818 Plumbing Permit 7/23/76 D. H. Hentges Plbg. 17. 00 7/22/76 , _ , �� 14,120 uil ding Permit(Garage) 6/1/77 Phillip M. Willson 37.44 '��'K��' 6,132 Building Permit(EgrWin) 6/3/98 Norma Willson 21.00 0,568 Building Permit(EgrWin) 12/6/99 Schweich Construction 63.15 �JAS£'!J�f.�c,�J �N� /�cx.c.�,h - .�r� �f�sF.�>>�,vT �,�G� , t�eAr��- /-GIJATE�P .� 1.1 � �I , � �C l./�G LC S� 1 �/C/�1 l/ '�40`UU ` �Yt�1C.1�7� �1.�-�C��r iv�� l C�� f�CX-F Q�.€ �l A..�t'�'C �X F�. A�� n� C,c,��;�l,�s a i3 ��o�>>� �(�%- � ��rt�,,es � �3�v2�� j�; ,�� : , ,/��J ��'• . � /� �j � �, � �� /�OG 71 S P�l-L S /"G2'C� � '`//�( aG!)�S ��C,[,! ,�Ur"�C°�/ , � _, Jun O1 O1 11 : 45a New Choices 61z 785 2531 p. Z � � Bobby Taylor 8409 East River Road Coon Rapids, MN 55433 763-78S-Z192 City of FridIey Via Fax: 763-571-1287 City Mw�.icipal Center G431 University Avenue N.E. Fridley,MN 55432 Re; 401 Irontan Street Dear Ladies and Gentlemen: "lriis lett�is in reference to our recent application for rezoning of the property located at 401 Irontun Street,Fridley,MN 55432. I purchased the property referexiced above on November 11,2000. At the time of the piuchase both Realtors represented to us that the property was zoned for multi-dwelling use and indeed the property had already been converted to a duplex,with separate entrances for the upper level and main level. The property was listed as a duplex. 'I$e previous vwners had also installed kitchens on each level,including the third floor attic. I did purchase the property with the specific intent of using the property for a multi- dwelling unit I understood at that time that the previous owner had lost her duplex rights because she failed to complete necessary repairs and all thet was nccessary for us was to complete lhe necessary repairs and have the property inspeded. Upon taking possession of the property it was avident to mysel f that the property needed much work and re�odeling. i proceeded at that time to do the work, I made a gceat effort in retnodeling the property and making it acceptable and safe for tenants. Included in the remodeling was the removal of the kitchen and bath ou the third floor attic level,which was converted to a television room. However,there is still work to be done,we do have plans to ro-side the exte�rior of the property and update the stairways and deck attachc�d to the property. Those pIans are on hold at this time pending the outcome ofthe re- zoning applicadon. We do pride ourselves in being very conscientious and respansible landlards. We are hands-on and are visible at the ptoperty at least three to four times a wcek. A meeting was held between the City of Fridley my wife,Cattuyn Tayloc, and Deb Klatt,Esq., where the city explained fucther what had previously happe�ed with the property and what steps would be needed to re-zone the property. It was explained to us at ihat time that the previous ovmer had obtained a special use p�mit for the property, lt was also conveyed to us that the special use petmit was revoked prior to our purchase of the properiy because the previous owner failed to comply with the City of Fridley codes and complete the ne�essary repairs on the property, The special use p�mit was not revoked because the city did not feel that the having a multi-dwelling in that area would upset the zoning balance of the neighborhood. 1fie city then re�uested that we vacate ihe second floor of the dwelling and following that meeting all of the residents ol�the upper level were moved to an alternate location for the duration of the r�zoning process. We have complied with all the rec�uests of the City of Fridley and are willing to fully cooperate to facilitate all actions required. The properiy referenced above is a very spacious house. Our int�t is to utilize the property for affordable sober rental housing. As you know tliere is a great shortage of rc�tal housing,not to mention, affordable rental housing,in the Twin Ciries and surrounding areas. R�zoning the property would make use of space that would otherwise not be used at all. 1 Jun O1 O1 11 : 45a New Choices 61z 785 2531 pe3 E The property is surrounded on two sides by existing multi-dwelling units. To the west there are two multi-dwelling units;to the south of our property are two multi dwelling units and I believe tha�e are single family homes to the north and east of ouc property, In essence our property would be an�xl�sion of the existing multi-dwellireg units in the area and would not be in the middle or split any of the existing single fiamily homes located in the area. I have attachecl a oopy of the Anoka County Tax Report which lists the property as a duplex. We appreciate your time and consideradon of this matter and would hope that you find in favor of re-zoning the above referenced property. Sincerely, Bobby Ta or 2 Jun O1 O1 11 : 45a New Choices 612 785 2531 �. 4 F� �' PHDNE N0. : May. 31 2001 e6:53PM Pi 3�'-MAR-2001 17:29: 5� �____=_-=__=�===a�=-��_�-=___=____ #1 N�vuhA �3Ul�T'i COMk'LGTC TI:X REPOP.T Ir1G �--. -��r1?�:4qAGG----nP.OFFR_TY '!'YNr; �nr��^n��l�c3YL�� r -----'--------------� +-------------------�--------------------_--_----------------------------------i �PROP�RTY ItIFURMA'I'ION � +---------------------------�----------------------------------- --------------+ �ADORESS : 901 IRONTON ST f �CITY/TWN = FRIDLEY 2IP . 55932-1792 I fSUBDIV : FROIDS ADD � �LE�t1L D&9C. PP(1T11!'� nnnTT�orr ;ITY QF FRTf�T�FY i��T 2 BI�OGK 1 FROIDS AADI � � '1'lUN-�USJ TO EA9E A9 3HOWN OiJ ACP.�S _ u.GO ( ILIVING AREA: 1128 I �TuTAL AR�A : 112£3 I fYEAR BUILT : :1920 - � � IsTRUCTURE : DUPLEX 2 STORY I �+�..______•.--------------------- -------------------------------------------�---+ `. �OWNER/TAXPAYER INFORN1ATZpN � +------------------------------------------------------------------------------+ �OWNEI? NE►M�: rxK�� YA 40TT•T.TAM I �ADDRESS : 1829 CASE AVE E I � • .`"iATNT PAiIT� MN 55119- I JTAXPAYER : TAYLOR BOBHY I T-.��_'___"_ � '��rt�___.��`___�_��__.��____'__' "�+ �MARKET VALLTES � TAXES - EFFECTIVE 2000 I +---------------------�+-------------------------------------------------------� �LYtUL� � �Fann I DA:G mr.x , ?5n . �� I �ELU(: 1 S1A00 � TAiC W(A iiMT : �� -�� ITOTAL: ?780� I I t----------------------t-------------------------------------------------------+ ( SALES I +- -----�-------------------------------------------------------------� ---------� IRECENT DATE : O1I05/O1 PREVIOUS DATE : O1/05/O1 � 1llL��Cid? PRICL�_ 199,000 GRFI/Tf1f15 PRT�F� 130. OQ4 1 +------------------------------------------------------------------------------+ I�icnnnahTinn� nG��M�t1 RFr�T�RT�fi Rf1T N�?T (i{IAflANT��rp� Piepna�d or: eiN u.on Al.rcn�a:oot MIKE MORIARTY 1803 FERRRY STREET ANOKA, MN 55303 763-422-4151 June 6, 2001 To Whom it May Concem: !cumeMlY le�e tvw five-urtit buildings and one dupiex in Anoka, MN to Mr. Bobby Taylor. ! have leeised these units to Mr.Taylor for approximatdy three years,for saber housing. Mr.Tayfor has kept the uruts in e�co�lent condition and is on-site at the units frequec�ify. The units are very de�n and the grounds�e kept-up by Mr.Taylor. I am one-hundred percerrt c�omfortable with Mr.Taylor and t�s residenEs and when and if 1 arer�e to acquire additionat property, 1 w�ould offer Mr. Taylor the first opportunity to Ic�ase. These units have been trouble-fnee far me, other than nortnal rr�airdenance and up-keep. If you ha�re an�r further questior�s, please feel fr�ee to call me. Sincerey, � � _ Mike oriarty ---�--r . • • Domestic Abuse Pro ram 2665 Fourth Sueet Anoka. Minnesota 55303 September 30, 1998 To Whom It May Cancern: This letter is in regards to Bobby Taylor and his sober house, New Choiccs. �ency counselor at Riverplace Counseling My name is Kurt Goihl and I am a chemical �elors for the men's intensive autpatient Center in Anoka• I am one of two primarY P� og �y duties as a Pn�n�'Y prngram, I have held this position for the last eiSht Y�� t clients a week to half"''ay counselor is to help clients obtain sober housmS• I refer up to eigh c Abuse houses or sober houses. I also am a domesric abuse counsclo� Co�eS �� n��om this program which is a provider for Anoka, Isanri � H��P ianally refer program, In addition to the above, I also have a private pracrice in Anoka and occeS from that offtce• I�Ye�nown gobby Taylor for approximately eight years. I have observcd him man�►g�g�ve-in ressed b his skills, etfiics, and compassion for recovering ciients at Riverplace and was imP y � �.��ent of all clients. _ P�PIe. I also have been impressed by his fair �nd e.cl roximatel � three years ago, I began referring When Nir. Taylor opened his fuSt sober house app �' Wl�Mr. Taylor these past three to New Choices unmediately. I have had great success working ��d�� is very �et�,een priinary counselors and sober house P back on t he years. The working re l a t ionship addict can end up unportant. If it is difficult to make arran8ements, a recoverin8 street and his life is in dan$er. I have tiad problems in this at'ea wlth ather providers in che Past. 'This has nrver been the case a'ith Naw Chnice�e. I ��lieve New Choices to be the �leanest, best managed a�d most "sober" sober house in tbi Because of my past experiences with New Chaices andd Mr. Taylor, I plan to contim�e referring to him in thc future• New Cheic,�s is, in fact, my number one choice for sober house referrals. If you would like additional fcedback or have questionCii Limits a g6�t323-9�4 You. I can be reached at Riverplace at 612i421-5590 or through ty Sincer�ly, �.,/� " � KG:bjn Ktut Goihl, B.S., CCDCR �I� � I� PAGE 81 • 05/2'7l2001 11:10 6129973834 1TiM�rweA TrMM S�te 700 �„��M1e,MN J604� �'��,{ ��` Cilv� /!'ril/C.�l�iC%/�i�/�l ��. .11/fiA 8,2�� To Whom n Mey Concer'+�. I am writin9 th�lettet In behe�d Nk- Bo�►TeYlo�'. Mr. Taytor has been renHn9 otx homes for his t�er�ts tor manY Years,and we have not had enY Prob�e�or compla�ts fra^e1'�. 1�6s cl'ieMs that he ronts to are very�esPedf��• ar�d are very the�kfui to h�ve somea�e IMce Mr.j�' ram,�n+d we them a second chance to pe►t�r�e.s b�k on track. We think he has a vro��k�e vur are piea9ed that R ha5 all worked ad for everYone. Mis c�eMs�e worideAul �me�its. This I ooRanu�Y a rwoe�plaoe to Mve. 'fheY heve eamed where theY are IodaY to have this feel csn give hoP�to o�hers that are dawn on their�dc. M takes a spedai kMd ot Per� kind oi care. We will aMrays be hePP'Y to work with Mr.Taylor now� and i�the fulwe_ Wb hops that aners can too. Sinoerely, Midcy Won9 v�e president � � � r. a .Ju n.2a '�6 11:S9 A044 �t!;M�S' hBl��B � �0 �� Y �� 9�� lR�II� �1 ea 1�� LJ1UR D1.�1, . 11NppV�R� 11t1 �S�0� ?O N1lOM IT �tAT COltC3�1A t . �'. ' D � S�-L6T 1► KOU�S Ili �tiDOV�� !� �Oq'i T7IZIAR lU1S � M! S'1']IRTI�TG 211 1995 IWD ��ItTY CTAE�811�tca�sD�'�T• IIf �0 f{� �10 IS NOR1CIlI0 T8i p� I� 11N 11p�RTNi'1T �UILDI1*��Ilt ��MTS 111TD SU�-LlTS E1ti01t 7Ni0�►. !iE H118 lILa1►T� sE�N OU TI� '�'Cit TME u��'Tlti TiM�'P� A11D 1Wi �sPT TA! *�Oti�Tlsg I�t VEItT �i00D SNAps• 0t 4ss�c so v�a�s�sT�►�a �w►r �az� �►� so �►T �rzo�s��os �a �u►vs s�sa�e� s��s��ro Taa��a�a�� zxa ov�w ��i LIVIMG ID1 TX31t li�1� �11 bIG�3R SIMCe 80i�lY lU1s s� yti�ITlLId 1rR0it l�E• 1R 111tO1CA BUILDIlIfG= � �1 '� ��s B�LLI�iG �UD �sT IS =ENILL ss CONV�AT DT�'O 0�lICs�S�P��• s�►vss sns ��a� S I�1ClKZLY, DAV . THiLix � f i � , �� -� �r� / -� � Q� �� . � �� J�� /�� -� �� f�� 1�� _ �� k.� �-� �� ,� �-�� y� �-�� - � �-�� —�� c�' � �� _..�, ��,� � �� ' � �� -�' � � �� '� � � � t�'�" /� �, �. � ��/-� ��' / �� .� � � � �� -� � �-�� `�� o��X� � � � � �� y-a��,'tU �� ` �� y �� y �� . ,.� �� -��" � � --�� C� r FROM ;• P 1NE SF�RES PHOt� N0. : 6124446965 Oct. 01 1�8 12:46PM P2 P'iNE � � � � � SHOBES � October 1, ig98 R . . � To wham it may conarn: Thi.g�etc�is in su�c�rt of transidana!prograinming which Mr.Bobby�'aylor has establis.b�ed i�►several sites. Mr.Taylor has been famiiixr�witE�our pto,gtatm�nd ha.�d�nc a grr�deal af work in hc)ping.peopk atZcr c.uinpleting treamncnt. Tb�s type of Yxwsing whi,ch in refa+ence tfiat ane called tran3itional housing hclp peopk seek acid establistt gainFul etr�loyment aad sober�upport network that is needed within�alt 8?counties in the statc of Minnesota . � I have��rsonally lc�awn Mr.Taylvr far approximateIy thc+ec or�ra. Eie ha�done a great C1! joh wi keepirg stn�ture in,alt�f�is traasitional housing. is very fa�ni�iar v�ith the racovery aad aupports on going recovery that is conducive ta every individusl wt� soee�b th for ct�emicsl depender�cy•,Mr. Tsylor has bccx��ictive in bel�ing�eople gain a sucoe4sful:�t:ut iA reco'very aad has bu�1t a re�utaticsn in thc reeovcty commututy. I strongly aupport Mr.Taylt�in any way posa�bla. I feel that his entre�sreneursba�p s�nd . �nergy to conUnu��expand tmnn�tianal housitag wi11 be��t all peu�le in the mc;overy. �roccss. - , Sirw`eraly, • . � ��.�s:.XJtiQ�(.k:- , . Adam,C'r�+c�a . . , Dirre+ator of Pinc Stwres - � . FO Do�c t 39 �c c;iry,Minas�ots 55c�3 6i 2�44450o b12�4�6�6965� � MEDYED FAMILY F4UI�IDATIOI�I ��. S�� . ,� TO:Whon+ tt M�l Con�� RE: P�none� RelKence tor 6ohb'!1 Tayia' I �re kno�m 8obby Taylor since 1�0 when I was owner and foundsr af R'rverplaoe Cour�se�n9 Ce�er of Ar�oka. Bobby impressed me at thact time andH��him. Event�ualH he was Pr°��to House Manager af our Through the yee�rs, I have come to know Bobby�a friend. He has a unique c�mmbinaction a� talents. Near�Y all individuais esPeaally those who are newfy reoov�erin9 chemically dependent ha�re reePed for Bobby. He re�ates to these Per'so�S'a�s much as anyone who I ha�re ev� persoris �him in ki�d. l irx�ude kr�. People realize how much Bobby cares about the�m and resPor�d rnysel�in this group• and grow in maturit�t end �. i somehow i have felt Privile9ed to witness Bcbby change ��e out on his own by feet proud to also see Bobby henre enough responsibifity and ability also starfiing businesses th�rt h�p tt�ose of us in need. Bobb tax�ed 9reat numbers af people. l em grate�fuul that he ha�atso toud�ed me. � � � ` _� 1,f�o pennis Meci�red � �� A�1�:r'��C�rN�r` ea�o� tits:� Co�w'�b!/ �d �:�8 �� Ya �ws �� . �is � � �� RIVERPL�4CE COUIVSELING CEI�iTER 5eptember 30, 1998 To Whom it May Concern: ! have known Bobby Ta�ylor for ten years. When 1 was the manager at Lakeplace Retr�at Center, Bobby worked for us at the Lake before starting at Riverplace. He has a unique at�il�ty to communicate with peopte in a very positive way. Bobby has been an excellent emptoyee and friend over the years to me. His sober houses are a success and we make many referrals to his facilities. Bobby has most deftnitely made a positive difference on a!I of oue- vperations. if you need additional information, please feel free to contact me. Sincerely, Peter Medved President PM:bjn 'I 8'1�4 So. Ferry Street, Anok�, Mn. 55303 42'I-5590 ,�en E Marty To:Swtt Hickok Date:6/18i01 Time:346:32 PM Page 2 of 2 KAREN E. MARTY Attorney at Law 3601 Minnesota Drive Telephone: (952)921-5859 Suite 880 e-mail:kmarty@ix.netcom.com Bloomington,MN 55435 Fax: (952)830-8211 June 18, 2001 Mr. Scott Hickok Community Development Director 6431 University Ave. N.E. Fridley Municipal Center Fridley, MN S 5432 Dear Mr. Hickok: Thank you for taking the time to speak with me this aftemoon. As I indicated over the telephone, the Taylors would appreciate a continuance of their rezoning request from tonight to the second City Council meeting in July. If this time is outside the 60-day-rule (Minn. Stat. §15.99), they waive that time limitation to that date. We understand that the City Council has published notiee of a public hearing and will probably open the hearing. We are asking that they then continue it until their secand meeting in July. Although I did not mention it on the telephone, I broke a bone in my foot last Friday, and find it difficult to get around. A continuance will give me time to (forgive the pun) get back on my feet again. Thank you for your consideration. Sincerel , Karen E. Marty �' Attorney ai Law (i' cc: The Taylors +�� , � �a:-� v ��: °��` .;� �� ; .� �� ':F°: ��%•: �_::..:�`, ,.��. ;= � ' ''! �� zi �� `� � ';��, � =.� � ��;a,�� ' � �� u n e � � ^�. � ,� �a .4�. , :,�� . ` Petitioner � �:� .�;�' � ��`:",� Bobb Ta lor y y �� ry�.� 401 Ironton Street � �. � . � �� F ri d l ey, M N 55432 g �� . � �� .�. .�,.* �.- � , �,,:s ;�� ' �. �� o ��' �.�� .«.. ` �� e e u es � � � a F� � ��'�� t��= � Mr. Bobb Ta lor ro ert owner of �� .� Y Y � p p Y �,,�'� a*, �� 401 Ironton , is requesting a rezoning �� A .� .a � at�g�w �� th is ro ert from R-1 S i n le Fam i I :�� p p Y J Y -� � �� to R-3 Multi le Famil in orderto �� p y� � � �� accommodate the number of units � ..� �� .�.. �� and densit desired to o erate as a Y p . sober house. � �� .�w. <.: ::� .�..:wr. y " � �.� ��i,, � °^�•i •.a�9 '� � � �� .e. � e � s or �. . . . . � �� .� 1966 — Froids Addition is platted � . � �. ��s � � �� 1976 — Previous owner obtains a SUP SP#76- � u� �� {. which at the time made rovisions for a . �.�.0$)� p :� �� r� s ��sin le famil residence to be modified to allow a �� .�.�s.�.�� J Y � ��W�second dwellin unit. �� g, �,. �nc � �` �:-..�� . �t�� -�_� 1999 — Property has been converted into 3 � � _ �.��distinct units and 2 additional sleepin rooms in �rw g � �the basement. . � �Ma 2000 — S ecial Use Perm it is revoked b Y p Y ��T�=�� Cit Council � y 4 M 3 % �� f.: ? : �� b L p�- &.= —� �,,4 . � e�. ��' y�� .: __ -�,<.` �.� � �� s Site History, cont. d t� � �� Fall 2000 — City receives numerous calls from realtors �� A�� - and prospective buyers, inquiring about the possibility � � �:�� . . . . � n of using this home as a multi-unit rental. All are f- instructed that the property is zoned for use as a �� ,� ��a�sin le-famil home. J Y � ��_ . . M A. _� �lllarch 2001 — Bobby Taylor contacts City, requesting �� an inspection of the property in order to obtain a rental y G :license. City inspects and notes that the home has q��undergone major remodeling (without permits) and that there are three distinct units with at least 9-11 people living at the site. Mr. Taylor is informed that he has an '� w��a�4� illegal rental and must reduce the number of unrelated �� persons living in the home to 5, to meet R-1 =� k"�� re uirements. . q :f >��:.�.. .:�" f�.'-' , . , .: . ;. _ .:, .. ,... _ - r ,;. .: ,. . . . - . � .; . . _ ,. -:, , . , : ; , ; , � � � �� , � 'r. '�, �•7� � ' ��: x_ �� . ��., � . � � � , �, �� °. �� ` a b �� t��. a Z _ tiJ r� - � � . � .Z - _ �. � � . ' � ,� . , �- � m � � �+ � ` � � � � � � � - � 1 1 ;. . ,�, � a--� o� +-� �.---. � M1� � � iA av:.1-+ V w �v r � , . . � � � O � � � O� ' �G N O � � � . � }.,; W �7 Uf � � p � � `v, i-• n� o` a. � rn uV+ *3 A ,� �o .� � .—� y o�o ►w.� o � N ,a � � �. �1� �' � p z+ V �. _ _ __ � 6� o�, �, ro t� ro w ta �d E Q' a a r. N'.F' �,' � a � w .� - V� F'' f'' �y. � '.� � 'a a bq., � � ' µ °µ' � M, F~ r• �.. r. f-+ � '•f o�o o�o � �a n � .� o�c o�o �' n � "� ; ^ rC7 Pd N (p ~ (roD N N froD' E � p ' J � � � � .g � N, �r� .� w � � n �' - y ; `g ,�" wwrt rt8 c+ rtrtrt �v � � n ..r � � � � W � �fpj p � ri la.,". �'�'+ . � 00 ti' � . .8` . n R �. �. � E w K � `:� � � v �, � z Z � � ... .. � r :c�d y� � . , , � . . , . � �' � N �\ � O1 O� �C �D RA� �� r W /-� N 10 F+ \ �N N ,+ N , � Z "- ,. < ,\ �O ��.1 �;,V \ O� V�.:o. '� , . ., .,,� � � � � � �'Q.'� J � .,a,..a; :O o► � m,o o �.:: �o . ' �I Jl 0 : � � � � o � o..� d � � ro .� o �n � " w � °o - . E � r x x � o o � �� . fµi �;►O , � � � N � r�j C� � � 1~-� fxR K ►,d ►+d n 1�+ � � . �R., t�i' � � 3� � � � c� r, • rr � ,.�,rt '� K •t � - a Z � 7C �b . y a � m tn � a d. ts. � a � �, M C „ � �,� � � ,, o �. �� s A G `� b � � �' " ; �' - R � sq � � " O � �� o'' a .n :� � O _ : ��. �' � � . .� � - �, �' W �-' r w � o. ►� ., ,, � � � �++ w,c n � W .r'�0' p C N O O N 0 � � w p A O � C � �•, � Q�. O O , � O . , : , � 4 � �� . \ w \ - - \ `' : ,4. . , ,� v � , 01 ., �-, _ : v .:� . .., Ci . i�+� ��j'iy �i.. �#ti,i �� : r .-- na sis �� .- - � � � � � � M #=A� rezoning is a discretionary grant on the part of the .� �� x ; .it e�n y. � ��T#�e City must decide whether or not a request is in �-� kee in with the overall vision and best interests of � � p g � �� . �.:�. . � �� t � -e C�ty. � �. . �: A rezonin in Fridle , historicall , also has involved g Y Y .consideration of all health , safet and welfare issues . � y ��A��s alluded to in the PROPERTY HISTORY section of .. �� this re ort, it is those health , safet , and welfare p Y �� concerns at 401 Ironton that cause great concern to �.F .� x k� =� �taff. �� ? ...� �� ._� �� ;� _ �� ;= ' ■ na sis '� :s� , ��^� ��z ��` va- "r � <�� ` � .4p"S, .�''�, #� a � ■ ' ■ ■ : y�� The City s December 1999 inspection revealed that �:�ve. � the structure was not ade uate to allow additional a � � :::units . ��._ �� ..,. � �� The Cit 's March 2000 ins ection revealed that Mr. Y p �� Ta lor had done man cosmetic chan es to the y y g . home , without the benefit of ermits and proper p :�LL } ' ;�i��ns ections that while makin the home feel ver p � g Y comfortable , onl covered u man of the health , y p Y �� , safet , and welfare issues . � �� y � =� �e ond the health safet , and welfare issues , the � � v , y �5� re uest fails to meet the followin three criteria for . .s q g . �� rezoning . ��e� a.i =: .�x� �.�,,:: . .��a� "��,;�a �;: ,, . �� a� 1 Com pati bi I it of the proposed use with ) y 5.::: .� the Com rehensive Plan . � p ��t �� ' �� e; �,. �� .� .,,—. �� The Cit 's latest Comprehensive Plan µ y � . p� . . �: g makes no ment�on of expanding the R-3 �� :tl.:zonin district into this nei hborhood . .��: �..:. � � � . . . � � �<�� ranting of this rezoning request would be �� i�nconsistent with the Cit 's overall vision for y :-� � �wthis nei hborhood . g �� . � � ��.� � ��...�� R � � � h:� �� .�:, ��: a � �� :� 2. Compatibility of the proposed district with ad 'acent uses. �� u�� s� � �� k. � �� ,�� The rezonin of this propert to R-3 would �� # �� . g Y �� :�� allow 3 units due to lot size and u to 15+ �R�� .�� ) p �� . . . � . �� unrelated persons living on this property. a � �� - This increased density is well beyond what is � � � ,�°� � allowed b R- 1 zonin standards and could ��#�� Y g �: �� .�� chan e the character of this well-established g � ��s�� nei hborhood throu h the increased densit �- �� g g Y �� ff i . T h r i n e u ate aved and tra c e e s ot ad q p . arki n on th is site to meet the R-3 code . p g ._��. = requirements for parking . Creating an � �� a ro riatel sized arkin lot would � :_ �� ? pp . p Y p , g . }§� . drastically alter the residential feel and look of x .r� .�� . -:� �� A this neighborhood . .�� :� r=:: .� ��-�'�� ' �;�� :: �r�.,-��' µ� �a � 8 2 . Continued � �� : � �� .T r,t-��' �c * � � Y �� :� � Desi nation as an R-3 district would � k g � #r: � � �� allow the current or any future property �� ; �� h ili r m ve hi sin I a � owner t e ab ty to e o t s g e � ��# rv �� famil home and re lace it with a three �� Y p � unit a artment buildin that ma not �� p g Y n. .� �� have an residential t e arch itectu re .d Y Yp . and ma not blend at all into this � y � ;�� . � �� ne�g h borhood . � � �� : �= .� } �� : r �...::� � � � �'�` ��r` �� 3 . Com liance of the ro osed use with the �� p p p � �a. :� �:� :�� ro osed d istrict re u i rements ��__..:� p p q �. �� . � � : }4�E �{�� :� � �� The existing home does not meet setback §y+.c g \�� re uirements for the R-3 zonin district. ��#�� q g �� . .� �: � ��- _ z � Based on the size of this site and the � � .� . � : poss i b i I ity of th ree 2 bed roo m u n its , a tota l of �� = 6 parking stalls , meeting all code ..�z�w�� re uirements would need to be rovided on �� q p �:��' site . Parking stalls must be 10' X 20' with appro riate drive aisles widths rovided 18' p p � �� for one-wa traffic, 25' for two-wa traffic . �.��a. y y ) :.y�� Conversion of this ro ert into a multi-famil .� p p Y Y � structure would require a landscape plan . ��, � �� e�`. °�i.`��' ��',aA§� . � F "�.._;;� ■ ■ ■ ■ � �� - �� annin ommission c � on � �: � � �� a �� } � F�� j�t� � �f � At the June 6 , 2001 Planning .xa� r� � �r� . . . . . �� Commission meetin , a ublic hearin � � �� g p g � �� fr Z A 1 - 2 . Af r � ... - �-�� was held o O 0 0 te � �� . . . � �� rev�ew� ng the staff report and hear� ng . � .�� ix.: m ��W 4, from the etitioners a motion was made � p , �� to recommend denial of the rezonin g �F ... .. . re uest. The motion assed n: q p � �� . - unanimously. � ��.�. � ��:� ��P_ �.�_- :� ��. �FY � �8 fi. �:e _ . �•#;, t�.-'� ■ �::y � ��, � a ecommen a ion a� �� =� �� Cit Staff recommends denial of this �� e w� �� rezonin re uest. � � ��= 9► q � . �� ` � �: � Concerns over health safet and welfare �� , Y, �� have not been ro erl addressed. �,�.� � p p Y �� . t � ��. .. � _�� :m� e � Not in conformance with the City's �� A� G Com rehensive Plan. .a � �� p � � Would increase neighborhood density be ond R-1 standards b allowin up to 3 Y Y g � ��_� units 15+ eo le . ( p p ) � � � �� Creation of re uired " arkin lot" would ��. q p g � � chan e the residential character of this 9► �:� � �� nei hborhood. 9► �� -.�.3� ,��` �'::, °' ��: . „ � , �.y� . �� ■ ■ � # ry, � u a � ons �� a g �: ' �;� . :„ Staff recommends that the followin �. g � "�.'� � � . . �� .��-�� =��st� pu lat�ons be attached to the SU P . �� _ . . . . . �� '1 . All buildin ermits be obtained rior � �.� �� J p p �� A�jto fi nal Cou nci I Action . ��_� � ��. ��j� � �° ,:� �- � . . �:�� y2 . Rental I � cense be obta� ned from Rental .. . �p��lns ections Division . �;;,..�� .� � � �� 3 . All Buildin Fire Electrical and g � � � � � , �=Zonin Code deficiencies be brou ht �,�. g g �� into conformance ri r n � � � p o to occupa cy by �� ..:�more than 5 unrelated individuals . wf � . P" '� g'✓e:^:�.�.'. . �, �. y�nM � �-:m ;�: �4�� ■ ■ . a� �:� � u a � ons con . � � , �� . .� . . �._ � �� 4. Parkin lot meetin all code re uirements J J q ��' � �� to be constructed within 1 ear of �� y �,,0��4 �.A rezo n i n g a p p rova I . � � �� :�_ � � �_ � �, ��-. ��. � 5. Landscape plan to be su bm itted to City �� rior to final Council Action . Further, all p req u i red planti n s to be i nstal led b � J Y �w1 : �� October 1 , 2001 . :::. 6. Gara e shall not be used as livin g g � ==�zy� s ace or for an home occu ations. � a p Y p �.��.� � ��. �� 3�.a� �:...i=�� i. � � �I � .. . �� .d�� '� ��)j � �� y '�� eh �Sl' g' � �M'r` � . �°'�t'��. � �� ,��I�ai� :. � � . .� i � ."'�.�` ._^- .r� ��` �,` �,�'� � � ��,.#� � �ir, �� s�« , �;r� « . t .zy. . , G� n � � ,. *-w. �'� �"�, � h,, � � � � : E � . ` �; ^, �an ., � "� � -#-�.- �_ � C � � +{� � t r ,,:.. ,,,P � "�' # � �,„� e �N?0��"`� �' .�. , � � " I � ' 4 �.� ,e a - „ . e. , . .,. � �, . � � - L,._ , ; �K � rt '� � ��' 1 ,r ._. ' . ., » �� . ., *. - : _ . r ` , �E, , t•a , �,. , -._ �P ..�. ��- �. , �� , ... . � "j � � � .,... , . ,. �� -�,'" `{`... � � . ,,. � .. .. � � �� . a�' �� '� �t,�"`�` � t. ,�.: , �� ,o: ' ` '� . .'" �- � > . ,. , :�, .. .- �i ro� ' �.. �. �. . .. � �i� ,.� .. -�� # `� "��'' � . ,� � , �� , -,.�.- ,�� '��'_ ,.. a�t �� i€��. ; , � .. � '. ��. ,, .. � � ; �� . �� u i � ,� � , '�. . a a � . �.w.�� . :�� .a �� .� ,�'�' ��. �� .�_' „ . 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E �;�., � " �s �� , , i ��,�, . �� , . ,.,_ e � � , , _ ,- �;�•-�� , �i�E� -� . , � �� ., � �'_— ' ; ��., ��e�,n��b � � _ 010165 3/30/24 TAYLOR, KATHY ADVANCE SURVEYING VEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax(952)4748267 SURVEY FOR: KATHY TA YLOR SURVEYED: April, 2001 DRAFTED: April 9, 2001 LEGAL DESCRIPTION: Lot 2, Block 1, Froids Addition, Anoka County, Minnesota. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. 17.2 3 N � to CV O M o •- o M S 89'51'37" E -- 102.00 -- FOUND 1/2' DRAINAGE AND U _ X —o EASEMENT `�1.0 00 j 3T- - 5.7 - - -- /7.3/ Lh Qi GARAGE r a / 7.5' 6.5 36.oi c�, 001 �I I FOUND 1/2' GRAPHIC SCALE o ,D 20 40 IRONTON ( IN FEET) — — — — 1 inch = 20 ft. N I I of �I tO 1 I I 4' CHAIN LINK FENCE 2 1/2 STORY o FRAME #401 adl -- 101.79 -- S 89'54'05" E I �I �I I I I STREET 7 11.4 11.2 $ ,o• � w I I- cV O to I Z 13.I �I I FOUND 1/2' At DWG. 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' . . � �� . . � . � � . .'.� ��. � ' �'.� .. . .. . � . .. . , ' � � � . � I ,�----47=6---- . _' ' � _ � : � .. n n � .��.j� �}"b x ��: XP. e ��°� Kk x'"'�s: ,�' � �� e r : r � � �� , � ' �� t ; �` �-: � ��'.. � � :� a�; � �� - � S ' � o no e or e recor t if �. � �. �� . . . . . , � �� ,�:�t h e -=-� � _ �, � � _ _ _.— ; � �� ,-� ��petitioner must sti�l�l� obta�i�n ail �necessary � " �� `�� buildin ermits forwork done to date . �� ; � �� ` g p �,�. �� . . . . . � �� Petitioner is also required to return the home � � �� s� �� to sin le-famil status b installin a door wa �� _.� � g Y Y g . Y �� and/or necessary steps between the main � : � � floor and the 2nd floor within three months of � �� `�, denial . A follow u ins ection will be done at �� p p ` �� that time and criminal citations will be issued '` �. , j ; , �x� � . � ' � i n n- m I i n ce . ,=--�-=-'�--- _--� �� if there s o co p a ��, n .�� `, i�--�'',��-- ��--`_".� ' �/� _� `� I �� f . C.; ' � �`� � �� ,�� 1" ��,�cv � `� G_ � �- � � � ,�,�� r � cn :�`� �� r� � �:. � � N ��-� � ��- �� , � 1� �� v� �r ��" �,� a�, T � ��,� ' i`--�.-��' ' � . i ' �► �� 31� � ��' �~`�, �� . �,:. �` -�� `�'"� � V o � �.�- t/ � ��"� I'�_ i t� �""'"' � �� ^9' � w < , �� , � �~°�' � �f ,�- � C:,7 v�``.��..��-�,, . � �-�, `� �r�� ..ca ��,. � �� ,{- J 1 �J � � �-�.� ��{ � � � t � � ��,� �,� �; � -�°� � 1 S Q �u^�s� � -�-, �� . c.��.�.�.�,�. �'�� f' � � �� "�� ` � � ,� City of Fridley Land Use Application ZOA-01-02 June 6, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: to obtain a rental license. City inspects and Bobby Taylor notes that the home has undergone major 401 Ironton Street remodeling(without pernlits)and that there are Fridley, MN 55432 three distinct units with at least 9-11 people Requested Action: living at the site. Mr. Taylor is informed that he Rezone property to R-3. l�as an illegal rental and must reduce the number EX�s1ing Zoning. of unrelated person living�in the home to 5,in R-1 Single Family Residential order to meet the City's R-1 zoning Location: requirements. 401 Ironton Street • May 2001 —Mr. Taylor submits application for Size: rezoning of property to R-3. 13,464 square feet .3 acres Legal Description of Property: Sutrounding Land Use&Zoning: Lot 2,Block 1 Froids Addition N:Single Family Home,R-1 Council Action: E: Single Family Home,R-1 June 18, 2001 S: Apt.Complex,R-3 W:Duplex,R-3 Public Utilities: Comprehensive Plan Conformance: Home is connected. Proposed use of property is inconsistent with Plan. Transportation: Zoning Ordinance Conforrnance: Home is accessed via lronton Street. Section 205.09.O1.A.(1)allows multiple dwellings. Physical Characteristics: ��g�S�n,: Typical suburban landscape. � 1966—Froids Addition is platted SUMMARY OF REQUEST • 1976—Previous owner obtains a SUP Petitioner is requesting rezoning this property to R- (SP#76-08),which at the time made provisions 3,which would accommodate the petitioner's multi- for a single family residence to be modified to �t"sober house". allow a second dwelling unit. SUMMARY OF ANALYSIS • 1999—Properiy has been converted into 3 City Staff recommends denial of this rezoning distinct units and 2 additional sleeping rooms in request. the basement. . Would increase neighborhood density beyond • May 2000—Special Use Pernut is revoked by R-1 standards by allowing up to 3 units(15+ City Council people) • Fa112000—City receives numerous calls from . Not consistent with Comprehensive Plan realtors and prospective buyers, inquiring about Staff Report Prepared by: Paul Bolin the possibiliry of using this home as a multi-unit rental. All are instructed that the property is zoned for use as a single-family home. • March 2001 —Bobby Taylar contacts City, requesting an inspection of the property in order 41 ZOA #01-02 THE REQUEST Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as a sober house. PROPERTY HISTORY In 1976, Norma Willson, the previous property owner obtained a special use permit (SP#76-08) which at the time made provisions for a single family residence to be modified to allow a second dwelling unit. In 1999, the City became aware that the property had illegally been converted into 3 distinct units and 2 additional sleeping rooms in the basement. None of the renovations that had taken place over the years were done with building, electrical, or plumbing permits. In September of 1999, the City asked the property owner to give tenants proper notice and have all but the two approved units vacated. In November 1999, Ms. Willson made application for a rezoning of this properfy to R-3. As a result of this application, on December 9, 1999, City Staff inspected the building and found the condition of the home to be in serious disrepair and out of compliance with building, fire, and electrical codes. (See attached Inspection Report) In addition, tenants were still occupying the basement sleeping rooms and the third floor attic. The property owners were again instructed to vacate all tenants. After the inspection, which revealed that the structure was inadequate to allow more units, Ms. Willson withdrew her request for rezoning. There were many health, safety and welfare concerns (as indicated in the attached Inspection Report) that were of much concern to City Staff. In February 2000, a new tenant from the basement of 401 Ironton introduced herself to City staff. She indicated that she had just moved in and that she was representing Ms. Willson in a request for information about inspections, etc. Her comments about moving in were puzzling since the City had stated that only two units be occupied. The City Council held a hearing to consider revocation of Ms. Willson's Special Use Permit (SP#76-08) allowing the second unit. At the hearing, Ms. Willson was ordered to vacate all rental portions of her home as she no longer had a valid rental license and the City needed to assure the safety and well being of the tenants. Ms. Willson was ordered to bring the property up to a safe, Code compliant condition and work with a licensed building contractor to prepare an aggressive repair schedule and obtain building permits prior to the City Council meeting of May 8, 2000. Ms. Willson failed to meet any of the requirements by the May 8, 2000 deadline and the Special Use Permit (SP#76-08)was unanimously revoked by the City Council. This action 42 returned the property to its original single-family status. Without the Special Use Permit, this property must now meet all single-family code requirements. Ms. Willson put the property up for sale. During the late summer and fall of 2000, City Staff received numerous calls from realtors and prospective buyers, inquiring about the possibility of using this home as a multi-unit rental. All were instructed that the property is zoned for use as a single-family home. Ms. Willson and her realtor were contacted directly and informed that they were not to be misrepresenting this property as anything more than a single family home. In March 2001, Mr. Bobby Taylor, new owner of the home contacted City, requesting an inspection of the property in order to obtain a rental license. Mr. Taylor is informed that the property is zoned R-1, Single Family only and that a rental license cannot be issued. Mr. Taylor informs Staff that he thought that if he fixed the home up the City would issue a rental license to him. City Staff inspects the home and notes that the home has undergone major remodeling (without permits) and that there are three distinct units with at least 9-11 people living at the site. Mr. Taylor is informed that he has an illegal rental and must reduce the number of unrelated person living in the home to 5, in order to meet the City's R-1 zoning requirements. All of the remodeling done by Mr. Taylor, without building permits and proper inspections, still raises many concerns with City Staff. Without the benefit of proper inspections, Staff is not able to determine the structural soundness of the home, the quality of the plumbing work, and the safety of the electrical work. Though the interior of the home has been given a facelift, without knowing what lies beneath the new sheet rock, City Staff still has health, safety, and welfare concerns. In May of 2001, Mr. Taylor submitted this application for rezoning of the property to R-3 in order to continue running the home as a sober house with 9-15 persons residing in the various units. To date, Mr. Taylor has not applied for building permits despite requests from the City's Chief Building Official to do so. ANALYSIS A rezoning is a discretionary grant on the part of the City. The Staff, Planning Commission, and City Council must decide whether or not a request is in keeping with the overall vision and best interests of the City. A rezoning in Fridley, historically, also has involved consideration of all health, safety and welfare issues. As alluded to in the PROPERTY HISTORY section of this report, it is those health, safety, and welfare concerns at 401 Ironton that cause great concern to Staff. The City's December 1999 inspection revealed that the structure was not adequate to allow additional units. The City's March 2000 inspection revealed that Mr. Taylor had done many cosmetic changes to the home, without the benefit of permits and proper inspections that, while making the home feel very comfortable, only covered up many of the health, safety, and welfare issues. Beyond the health, safety, and welfare issues, the request fails to meet the following three criteria for rezoning. 43 Compatibility of the proposed use with the Comprehensive Plan. The City's latest Comprehensive Plan makes no mention of expanding the R-3 zoning district into this neighborhood. Granting of this rezoning request would be inconsistent with the City's overall vision for this neighborhood. Compatibility of the proposed district with adjacent uses. The rezoning of this property to R-3 would allow 3 units (due to lot size) and up to 15+ unrelated persons living on this property. This increased density is well beyond what is allowed by R-1 zoning standards and could change the character of this well- established neighborhood through the increased density and traffic. There is not adequate paved parking on this site to meet the R-3 code requirements for parking. Creating an appropriately sized parking lot would drastically alter the residential feel and look of this neighborhood. The neighboring properties immediately West of this properry are duplexes that are residential in character. The property directly across the street from this home is an older 4-plex. The expansion of the R-3 district onto this property, however, will change the character of the neighborhood due to the changes needed to make the home conforming with R-3 parking requirements. Designation as an R-3 district would allow the current or any future property owner the ability to remove this single family home and replace it with a three unit apartment building that may not have any residential type architecture and may not blend at all into this neighborhood. Compliance of the proposed use with the proposed district requirements Setbacks The existing home does not meet setback requirements for the R-3 zoning district. A side-yard of 15' is required. The existing home is only 11.2'from the side-yard property line. Parking Based on the size of this site and the possibility of three 2 bedroom units, a total of 6 parking stalls, meeting all code requirements would need to be provided on site. Parking stalls must be 10' X 20' with appropriate drive aisles widths provided (18' for one-way traffic, 25' for two-way traffic). Landscaping Conversion of this property into a multi-family structure would require a landscape plan. RECOMMENDATION City Staff recommends denial of this rezoning request. 44 1. Concerns over health, safety, and welfare have not been properly addressed. 2. The further expansion of the R-3 district into this neighborhood is not in conformance with the City's Comprehensive Plan. 3. Rezoning this property would inappropriately increase the density of this neighborhood. 4. Would increase neighborhood density beyond R-1 standards by allowing up to 3 units (15+ people). 5. Creation of a "parking IoY'would change the residential character of this neighborhood. STIPULATIONS City Staff recommends that if the Planning Commission or City Council grant the rezoning request, that the following stipulations be attached. 1. All building permits be obtained prior to final Council Action. 2. Rental license be obtained from Rental Inspections Division. 3. All Building, Fire, Electrical, and Zoning Code deficiencies be brought into conformance prior to occupancy by more than 5 unrelated individuals. 4. Parking lot meeting all code requirements to be constructed within 1 year of rezoning approval. 5. Landscape plan to be submitted to City prior to final Council Action. Further, all required plantings to be installed by October 1, 2001. 6. Garage shall not be used as living space or for any home occupations. OTHER: Staff would like to note for the record, that if the rezoning application is denied, the petitioner must still obtain all necessary building permits for work done to date. Petitioner is also required to return the home to single-family status by installing a door way and/or necessary steps between the main floor and the 2�d floor within three months of denial. A follow up inspection will be done at that time, and criminal citations will be issued if there is non-compliance. 45 , '' � ( j , PLANNING COMMISSION MEETING,JUNE 6,2001 PAGE 5 Mr. Oquist asked if City Council would have to appr ve the cell tower going up in that area. Mr. Bolin stated it is a matter of coming in for a uilding permit which would stipulate that it needs to be built on an asphalt area, a requir ent in the zoning code. Mr. Kuechle asked if they left it out entirely they would still have to put in a hard surface driveway. The only thing is they are taki away the option of expanding the parking lot behind the building and using that as an acces to the cell tower. Mr. Bolin stated that the City require a 25-foot drive aisle for two-way traffic, and it may not be possible to get any parking stalls b ind the existing garage. Mr. Kuechle stated that they cou put them in line giving them a nine foot width. Mr. Bolin stated that they nee to keep it five feet back from the property line; and, even for one- way traffic, they need an 18 oot drive aisle. There is not a possibility for parking behind the garage. MOTION by Mr. Oquist seconded by Mr. Kondrick, to recommend approval of SAV#01-05 with the following stipulatio s: 1. A utility ease ent on the northern 5 feet of this property be dedicated back to the City. 2. Access to uture cell tower needs to be through the existing driveway and parking lot area. UPON A VOIC VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CA RIED UNANIMOUSLY. Ms. Savag stated this would go to City Council on June 18. 3. PUBLIC HEARING: Consideration of a Rezoning, ZOA#01-02, by Bobby Taylor, to change a dwelling from single family to a multiple family dwelling, generally located at 401 Ironton Street. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M. r � � Mr. Bolin stated that the petitioner is requesting a rezoning of this property from R-1, single j family, to R-3, multi-family to accommodate the number of units and density with the desire to ! operate the property as a rental sober house. The lot was platted in 1966. In 1976, Norma ' Willson obtained a special use permit, #76-08, which at that time made provisions for a single family residence to be modified to allow a second dwelling unit. That section of City Code was removed shortly after that time. In 1999, the City became aware the property had been converted into three distinct units and two sleeping units in the basement. None of the renovations over the years had been done with any building, electrical permits, or plumbing permits. In September 1999, Ms. Willson was asked to give the tenants notice and have all but the two units that were approved vacated. In November 1999, Ms. Willson applied for an R-3 rezoning. The City inspected the building and found the home in serious disrepair and in non- compliance with building, electrical, and fire codes. The property owner was instructed to vacate all tenants. After inspection, many structural problems and electrical and plumbing problems were reviewed, and Ms. Willson withdrew her rezoning request. In February 2000, City Council revoked the rental license and Ms. Willson failed to meet the requirements by the � � . � PLANNING COMMISSION MEETING,JUNE 6,2001 PAGE 6 � May deadline. City Council revoked the special use permit that allowed the second dwelling. The property was then reverted back to its original status as a single family dwelling. Mr. Bolin stated that in March 2001, Mr. Taylor, the new owner of the home, contacted the City requesting inspection of the property in order to obtain a rental license. At that time, staff inspected the home and informed Mr. Taylor that the property was zoned R-1 for single family use only. When staff inspected the home, it had undergone major remodeling without the benefit of any permits. There were three distinct units with 9-11 people living on this site. Mr. Taylor was informed that he had an illegal rental and must reduce the number of persons living - in the home to five in order to comply with the City's R-1 requirements. Mr. Bolin stated that without the benefit of property inspections, staff was unable to determine the soundness of the home, qualiry of the plumbing work, and safety of the electrical work. In May 20D1, Mr. Taylor submitted this rezoning application. The copy of the inspection sheet states that no permits were pulled on this property from 1977 on with the exception of Ms. Willson pulling two permits to install egress windows in the basement. Mr. Bolin stated rezoning is discretionary on the part of the City. The consideration of health, safety, and welfare concerns reflect that this is not adequate to allow many units. The request fails to meet the criteria the City uses to evaluate a rezoning of property. The first criteria is the compatibility of the use with the comprehensive plan. Nowhere in the plan does the City mention expanding the R-3 zoning into this neighborhood. The granting of this request would be inconsistent with the City's overall vision of the neighborhood. Mr. Bolin stated compatibility with adjacent uses is not appropriate, because this is not allowed by the R-1 zoning standards and could change the character with increased density and increased traffic. Parking would not meet the R-3 requirements, and creating a new parking lot would alter the look and feel of the neighborhood. This request would allow current and future property owners the ability to remove the single family home that currently exists and replace it with a 3 unit apartment building. Mr. Bolin stated compliance of the proposed use with the proposed district requirements is the third criteria. This does not meet the setback requirement for the R-3 zoning. A total of six parking stalls would need to be provided on site. A conversion of this property would require a landscape plan typical for the R-3 district. Mr. Bolin stated staff recommends denial with many concerns of the health, safety, and welfare not properly addressed. Mr. Taylor has not applied for the appropriate permits and this is not in conformance with the comprehensive plan. It would increase neighborhood density beyond the R-1 standards. The creation of a required parking lot would change the residential character of this neighborhood. There are two duplexes to the west of Mr. Taylor's property zoned R-3, but they are very residential in character. There is a four-plex to the south somewhat residential in character. Ms. Savage asked about the other duplexes. Mr. Bolin stated that they are actually in R-3 zoning. They have been zoned R-3 for a number of years. A duplex is an allowable use in the R-3 district. Ms. Savage asked how that cluster got there. Mr. Bolin stated that it is not uncommon to put some high residential as a buffer between a main thoroughfare and R-1 single family. < PLANNING COMMISSION MEETING,JUNE 6,2001 PAGE 7 Ms. Savage asked if he received any call regarding this. Mr. Bolin stated he received six calls from the neighborhood all opposed to this rezoning. Mr. Oquist asked if the stipulation could be added that a variance is required if this is approvsd. The side yard setback is not within the code. Mr. Bolin stated they could add that. Mr. Kuechle asked if the 1976 special use permit philosophy was known under what venue it was permitted. Mr. Bolin stated that the intent was to allow a mother-in-law rype apartment. There were no stipulations placed on that approval other than one rental unit within the home. Mr. Kuechle asked if there were any others like that. Mr. Bolin stated that was the only one he had come across. The petitioner, Cathryn Taylor, stated they were unaware that this was not a rental. When they brought this property, the realtors informed them it was a duplex, that it would need to be repaired, and then they could apply for rental license. The building has two separate entrances and two separate kitchens. They purchased it in November of 2000. They bought the property for sober housing rental. They had an appraisal done on April 10 where it lists on the title that it is zoned R-2. The appraiser stated she got the information from the City of Fridley. Ms. Taylor stated they didn't find out it was not zoned properly until Mr. Taylor called for an inspection. They have spent quite a bit of money updating this house and, had they known it was not zoned properly, they would not have spent this kind of money. They thought they could just fix this place up themselves. The residents living here are working and paying rent. It is a support community for people trying to get on their feet. She and her husband manage the property and check it every night. This is a community service, and they have been commended on their ability to provide this community service. This is not temporary housing, and there will not be an influx of different residents. The current residents are very careful and comfortable there. They brought letters of recommendation from former neighbors to explain that they provide a good service. They are willing to do anything the City requests and will cooperate fully. Their personal residence is only one block away. Mr. Kondrick asked how many people they expect to live there. Ms. Taylor stated that they would like thirteen people to be able to reside there paying rent. Mr. Oquist asked what the R-2 zoning was for. Mr. Bolin stated that R-2 is for two family dwellings with up to ten unrelated persons. Mr. Oquist stated this was appraised wrong. Mr. Bolin stated that is correct. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the letters of recommenda�ion submitted by Ms. Taylor. > PLANNING COMMISSION MEETING,JUNE 6,2001 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Karen Marty, attorney representing the Taylors, stated that the history is irrelevant and unrelated to how a normal property should be reviewed for a dupiex. Ms. Savage stated that it seemed to her that they wanted to use this for a more than a duplex. Ms. Marty stated they bought it as a duplex and, in remodeling, they discovered it had more units. They left the rooms in the basement and fixed them up. They wiil take them down if that is what you desire. The comprehensive plan would be very unusual to include a specific plan for one lot. Usually it is a broad line picture for what you want for the City. This would be an incredible waste of money and public service opportunity to deter the Taylor's request. Marie and Scott St. Arnold, 350 Ironton Street, stated this issue is still a very sore spot for them since last year. They both have worked very hard appearing at all meetings regarding this property. At the last Council meeting regarding this, they were assured that this property would never-be anything but a single family property. They have done a lot of work on their property and would like to keep their value up, too. They have a child and do not need extra traffic or commercial buildings. Mr. St. Arnold stated that the City and the Fire Marshall determined that the subfloor was rotted and needed to be redone to support it. Ms. St. Arnold stated that it is not a matter of only re-sheetrocking it. There was �n enormous list of repairs needed. Mr. St. Arnold stated that all the stipulations for rental property state that all the work has to be done by a licensed contractor. Ms. St. Arnold stated that every city requires that work be done by a licensed contractor with valid building permits. Mr. St. Arnold stated that Fridley is pretty strict and he himself had been caught without a permit. Ms. St. Arriold stated that the previous situation with the former owner was awful with garbage, and it was alleged to be a drughouse and flophouse. Ms. Savage stated that it now would only be a sober house and does that have any effect on how she feels about it now. Ms. St. Arnold stated that the children from that house are coming in her yard. It would be different if there were no children. Mr. St. Arnold stated that he understands the need for a sober house being a recovered alcoholic himself. That does put fear into people, though. There is about a 75°/o chance for relapse. Everybody in the neighborhood was happy when Ms. Willson's permit request was denied as they then hoped someone would buy it only for single family. There are enough rentals around the neighborhood. The kids from the double bungalow are constantly coming in his yard by the creek with no parental guidance. - . w PLANNING COMMISSION MEETING,JUNE 6, 2001 PAGE 9 Ms. St. Arnold stated there are too many cars in the street which blocks vision when you turn the corners. Mr. St. Arnold stated that some vehicles have to park on yards. Ms. St. Arnold stated they were assured that the real estate agents would have to sell it as a single family home. Ms. Johns stated that in March when the City went for an inspection, there were 11 people living there. Did you notice any differences during that time that you did not like? Ms. St. Arnold stated that there were a lot of extra vehicles but not a lot of extra children in the neighborhood. Mr. St. Arnold stated there is a bunch of old concrete sitting by that house right now and how long is it going to sit there. Ms. Marty stated that there would be no children living at this house. It is for single women only. There are only a total of three vehicles at this site. The garbage by the house is supposed to be picked up and removed, but the Taylors stopped doing anything after they were told of this hearing. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:50 P.M. Mr. Kuechle stated that the rezoning to R-3 would have some possibilities. There are R-3 properties on each side, but he could not vote for a rezoning without a complete plan of how the property is going to be brought into compliance. He would vote against an approval; and if he were to consider a proposal, he would require a performance bond because of the history of problems. There is a lack of any kind of formal plans of how this property might be brought up to the kind of standards that the neighbors would be comfortable with. Ms. Johns stated that she was part of this committee when Ms. Willson was applying for the license and was amazed at the things that happened in that home and the structural problems. It is nice to see the improvements; but without the permits, it is hard to know if it is structurally sound. She did not think the R-3 zoning would be the best for the neighborhood. Applying for this permit is bringing up the unresolved issues and they need to be resolved before this is brought here again. A timeline would be good because of what happened in the past and the neighborhood is still very sore. She would vote "no" because it is too early without taking the steps prior to holding the public meeting for this request. Mr. Kondrick stated he agreed with Mr. Kuechle exactly. If the sober thing does not work out, what prevents the owners from renting it out to 15 other people with 15 cars. He is not comfortable with this. The owners claim ignorance, but spending $50,000 would not have happened without some kind of plan. He would vote against the rezoning request. Ms. Savage stated that the sober house plan is commendable and it sounds like the people living there would not cause a problem; however, this is the wrong place for this and it is too bad the Taylors did not realize that in the beginning. As a Commission, they have to look at the b�st interest of the City of Fridley and this property in the future when the Taylors sell it and an apartment building could go up. She would have to vote "no". . � PLANNING COMMISSION MEETING,JUNE 6,2001 PAGE 10 Mr. Oquist stated he concurs with the other Commission members. It is commendable to have a sober house now; but if that does not work out, it could turn into a three-unit apartment. He likes Mr. Kuechle's idea of the performance bond and a real plan with timelines. He would go with denial. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend denial of ZOA#01-02. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this goes to City Council on June 18. Mr. Oquist stated that he would suggest that the duplexes in the neighborhood could also be cleaned up. � Ms. Bulthuis stated that letters have been sent to them already about parking on the grass and outdoor storage issues. One of the residents across the street from 401 Ironton had three vehicles parked on the grass. Staff is trying to get the neighborhood cleaned up. Mr. Oquist asked if one of the owners lived in the duplexes. Ms. Bulthuis stated staff is not sure. If no results are seen, they will try to contact the owner. 4. RECEIVE THE INUTES OF THE MAY 15 2001 ENVIRONMENTAL QUALITY & ENERGY COMM SSION MEETING: MOTION by Ms. Johns, s conded by Mr. Oquist, to receive the minutes. UPON A VOICE VOTE, AL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANI OUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seco ded by Mr. Oquist, to adjourn the meeting UPON A VOICE VOTE, ALL VO NG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JU E 6, 2001, PLANNING COMMISSION WAS ADJOURNED AT 8:59 P.M. Respectfully submitted, p /1 r � �,� o� . � y,-,�i Sig �e L. Joh �on � Re�ording Secretary �-G��S �I e uu.CS -- C�- '7 �,n� C� - � �-i �l City of Fridley PUBUC HEARING BEFORE THE �ITY COUNCIL Notice�s hereby given that there wilt be a publiC hearing of the Fridley City Council at the Fridley MuniCipal Center, 6431 University Avqnue N.�,on Monday,Jurle 18, 2001,at 7:30 p.m.for the purpose ot: Consideratio�of a rezoning,ZOA+101-02, by Bbtiby Taylpr,to CFlange a dwelli�g hom R-1,single falnily to an R-3,general multiple unit tlwelling, legally described as 4ot 2, Blodc i, Frads qdditiorY,gener811y located at 401 Itdr�ton Street. Any and all persons desiring to be heard shall be given an opportunity at the above s�ted lime and piace. Any questions r�ated to this item may be referred to Paul Bolin, Plannirlg Coofdinator at 783-572-3599. Hearing impaired persons planning to attentl who need an ih{erpreter or othe�per- sons With dis§bilities who requlre auxiliary aids 8liould eontact qpberta Cdlins at 763 572-3900 no later than June 1+4,2001. The TDD hUmber js 783-572-3534. SCOtT LUNp MAYbR (June 7,14,Qq01)Fridfey,Columbia Heighis Focus News PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, June 18, 2001, at 7 :30 p.m. for the purpose of : Consideration of a rezoning, ZOA #O1-02 , by Bobby Taylor, to change a dwelling from single family to a multiple family dwelling, legally described as Lot 2 , Block l, Froids Addition, generally located at 401 Ironton Street . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than June 14 , 2001 . The TDD number is 763-572-3534 . SCOTT LUND MAYOR Publish: June 7 , 2001 June 14 , 2001 � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 18, 2001 CRY OF FRIDLEY Date: 6/13/01 � To: William Burns, City Manager ,�� Y From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Public Hearing for ZOA #01-02 M-01-74 INTRODUCTION Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as rental sober housing. City Staff is recommending denial as the request fails to meet the City's criteria for rezoning. PLANNING COMMISSION ACTION At the June 6, 2001, Planning Commission meeting, a public hearing was held for ZOA 01-02. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZOA 01-02 be held. City Staff further recommends concurrence with the Planning Commission in denial of this rezoning request. 58 = AGENDA ITEM CITY COUNCIL MEETING OF JUNE 18, 2001 CffY OF FRIDLEY Date:6/18/01 � ;� To: William Burns, City Manager�i�, From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: First reading of ZOA #01-02 M-01-75 INTRODUCTION Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as rental sober housing. PLANNING COMMISSION ACTION At the November 1, 2000, Planning Commission meeting, a public hearing was held for ZOA 00-02. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council deny the approval of ZOA#01-02. 69 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 23, 2001 CffY OF FRIDLEY Date: 7/18/01 �� To: William Burns, City Manager�� From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Continuance of Public Hearing for ZOA #01-02 M-01-84 INTRODUCTION Mr. Bobby Taylor, property owner of 401 Ironton, is requesting rezoning this property from R-1 Single Family to R-3 Multiple Family, in order to accommodate the number of units and density desired to operate as rental sober housing. City Staff is recommending denial as the request fails to meet the City's criteria for rezoning. At the June 18, 2001, City Council meeting, the petitioner requested that the City Council postpone legislative action on this item until the July 23`�, 2001, meeting and the public hearing was continued. PLANNING COMMISSION ACTION At the June 6, 2001, Planning Commission meeting, a public hearing was held for ZOA 01-02. After reviewing the staff report and hearing from the petitioners, a motion was made to recommend denial of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZOA 01-02 be continued. City Staff further recommends concurrence with the Planning Commission in denial of this rezoning request. 39 � . � FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 7 Mr. Gordon stated that witr. the four-fifths voting requirement, they f t they were covering the bases for one Councilmember not voting. Mayor Lund stated that he believes the Charter Commission has one their research. Councilmember Bolkcom stated that if one Councilmem r was out for medical reasons, this new change w-ould help in that situation. Mr. Knaak stated that was correct. Councilmember Billings stated that it is likely h will support this, but any change is important. This could have more impact on a Councilme er that wanted to abstain and he is more swayed by the possibility that a Councilmember co d be on an extended sick leave or something and unable to vote. He is not swayed by the r asoning that this would make it easier for the City Council. The Charter is not here to m e life easy, but to make sure the citizens are fairly represented. MOTION by Councilmember lkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND HE PUBLIC HEARING WAS CLOSED AT 8:06 P.M. 13. CONSIDERATION OF A REZONING REQUEST, ZOA #01-02, B� BOBBY TAYLOR, TO CHANGE A DWELLING FROM R-1 SINGLE FAMILY, TO R-3 IvIULTIPL� FAMILY, GENERAL�.Y LOCATED A�' 4G1 IR�DN i ON �TREET N.E. (WARD 3): MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:06 P.M. Mr. Bolin stated that this request is to accommodate the number of units and density desired to operate a rental sober house. This property was platted in 1966. In 1976, the previous owner, Ms. Norma Wilson, obtained a special use permit that with provisions to modify the structure for a second dwelling unit. In 1999, the City became aware that the property had been converted into three distinct units and two additional sleeping rooms in the basement. In November of 1999, Ms. Wilson made the application for a rezoning. Staff inspected the home and found the home in serious disrepair and out of compliance with building, fire, and electrical codes. There were still tenants occupying the basement and third floor attic. After inspection, Ms. Wilson withdrew her rezoning request. In February of 2000, another new tenant introduced herself to City staff and indicated she moved into this building. She said she was representing Ms. Wilson and requested information regarding inspections. The owner was only supposed to have two units at that time. In March of 2U00, the City held a hearing about the revocation of Ms. . s � FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 8 Wilson's special use permit. She was to vacate all portions of the home, as she no longer had a rental license and the City needed to assure the safety and well being of the tenants. Ms. Wilson was ordered to bring the building up to code compliant condition and work with a licensed building contractor with the necessary permits being issued by May 8, 2000. Ms. Wilson failed to meet these requirements and the special use permit was unanimously revoked. Accordingly, it returned the property to its original single family status. Mr. Bolin stated that in the summer of 2000, Ms. Wilson put her property on the market and the City answered many calls from prospective buyers and realtors. Everyone who called was instructed that the property was zoned for use as a single family home. In March of 2001, Mr. Taylor contacted the City and requested inspection of the property in order to obtain a rental license. Staff inspected and noted major remodeling without permits with three distinct units with nine to eleven people living on this site. Mr. Taylor was informed that he had no legal rental unit and was told to reduce the number of persons living there to five. Mr. Taylor has proceeded forward with the rezoning request. No building or electrical permits have been taken out on this property since 1976. Mr. Bolin indicated that rezoning is a discretionary grant on the part of the City and the City must decide whether or not a request is in keeping with the overall vision and best interests of the City. The December 1999 inspection revealed that construction was not adequate to allow additional units and the March 2000 inspection revealed many health, safety and welfare issues. This request fails to meet the three criteria required for rezoning. The first is compatibility with the proposed use with the Comprehensive Plan. The second criteria is compatibility with adjacent uses. R-3 zoning would increase the density and traffic. There is no appropriate parking on this site and to enlarge the parking area would drastically change the character of the r�eighborhood. This would also allow removal of tiie single family home, replacing it with an apartment building. The existing home does not meet the setback requirements for the R-3 zoning district with the side yard setback to the east or parking. Mr. Bolin stated that at the June 6 Planning Commission, a motion was made to deny the rezoning request. That motion passed unanimously. Staff recommends denial of this request as it is not in conformance with the City's Comprehensive Plan, would increase density beyond R-1 standards, and would require a larger parking lot. The petitioners have requested that this item be delayed until the second meeting in July. Mayor Lund stated that the letter from the petitioner's attorney requesting a continuance will be entered into the record at this time. MOTION by Councilmember Bolkcom to receive the letter dated June 18 by Karen Marty. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the County would alert anyone that the zoning for this property is not R-3 at this time. � j ; . FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 9 Mr. Bolin stated that Council actions, special use permits, variances, and plats are all recorded at the County. Councilmember Bolkcom asked Mr. Bolin for an update on the work that has been done on the home. Mr. Bolin stated that the bathroom on the second floor was inspected in 1999 and the floor was rotting around the toilet and shower. New flooring has been installed but without the benefit of inspections, it is not known if the floor joists underneath are intact. In March, Mr. Taylor was told he needed building permits for rental property pulled by licensed contractors. It was not until this morning that a licensed contractor came in for a permit. It is hard to tell if things have been fixed or covered up with electrical, plumbing and flooring. Councilmember Bolkcom asked how the duplex that is already in the neighborhood fits in with the comprehensive plan. Mr. 8olin stated that the two properties to the west of the petitioner's home function as duplexes. They meet all the requirements for a duplex. To the south, the property at the corner of East River Road has four units and has been there a number of years. To the east there is a four-pleY that is very residential in character. Everything else in that area is zoned R-1. Councilmember Bolkcom asked if this could be an area mentioned in the Comprehensive Plan that could be zoned R-3. Mr. Bolin stated that there were other areas in the City that were identified as expanding the City's R-3 district but nothing in ihis area. Councilmember Bolkcom asked Mr. Knaak if the rezoning to R-3 could allow an apartment complex at some point in time, should we look at what is there now or what could be there after a rezoning? Mr. Knaak stated that all future possible uses on the rezoning needed to be considered. Councilmember Billings stated that all the prior history was not intended to color the property itself as bad, but to lay the foundation for all the structural problems that were there. Mr. Bolin stated that was conect. Councilmember Billings asked Mr. Bolin if a rezoning could go to R-2 to allow two units in the home. Mr. Bolin stated that is a possibility, but it may raise spot zoning issues. Councilmember Wolfe asked if they still had to work with building inspectors regarding the remodeled bath. t � � 1 FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 10 Mr. Bolin stated that they do need to uncover as much sheet rock or flooring as necessary. Councilmember Bolkcom asked if the only reason that the inspection has not been done yet is because we are waiting for the permits to be pulled by a licensed contractor. Mr. Bolin stated that was correct. Mr. Burns asked how often the structural condition of the house has a bearing on recommendation of denial. Mr. Bolin stated that the actual rezoning is unusual but the City staff who went through the home in 1999 had major concerns for anyone living in the structure. This home does not meet the criteria for rezoning because of the land use not being compatible to the neighborhood. Councilmember Bolkcom stated that the reasons for compatibility and the Comprehensive Plan were very clearly laid out by Mr. Bolin. Ms. Karen Marty, Attorney for Robert and Cathryn Taylor, stated that two underlying themes keep coming up. The previous property owner did not do a good job of taking care of the property. This property itself became dilapidated and staff does not know if it has been fixed. The Taylors are requesting a continuance to address those two items. The zoning issues are important but they would like to address the building permit process. The Taylors are ignorant about some of the things that are taken for granted. The second Council meeting of July would give the Taylors time to get the building permits, rip up the floor, and show they did do the work, and have a chance to correct any deficiencies. Mayor Lund asked if the deficiencies in the property were told to the Taylors at the time of the sale and that a rezoning would be necessary. The petitioner may or may not get the rezoning after repairs because it may not be compatible. Ms. Marty stated that they do understand that. They want to get the home fixed up even if it is a single family dwelling. They were told by the realtor that the property was a duplex and zoned R-2. They addressed the life safety issues to renew the rental license without realizing they needed to get a building permit and then applied for the rental permit. Mr. Bolin stated that the original 60 days will be up July 3. Mayor Lund asked if there were any legal problems to accept the request for the delay. Mr. Knaak stated that the City could request with written notice providing an additional 60 days, if the party then subsequently waives or provides a waiver of record to go beyond that. Councilmember Bolkcom stated the rezoning request would be tabled. Mr. Knaak stated that would be correct. � � FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 11 Mr. and Mrs. Marie and Scott St. Arnold, ?50 Ironton, stated that they like the quiet neighborhood and are concerned about the property due to the experience before. Six calls were received by other neighbors with the same concerns. A sober house is an honorable idea, but the Taylors do not even homestead the property and this is where they live. Councilmember Bolkcom asked if five unrelated people could live in this home until the necessary corrections are finished. Mr. Bolin stated that was correct. Mayor Lund asked about the other neighbors' concerns. Mr. Bolin stated that he received six calls before the Planning Commission meeting and all were in agreement with the St. Arnolds. MOTION by Councilmember Bolkcom to continue this item. Seconded by Councilmember Wol€e. MOTION by Councilmember Bolkcom to amend the motion to continue this item until July 23. Seconded by Councilmember Wolfe. Ms. Marty stated that they have no objection to extending this to the second 60-day period provided by the Statute. Mayor Lund asked when the second 60-day period would start. Mr. Bolin stated that would be on July 3. Councilmember Billings stated that they are all in agreement with this. "They are not trying to make it difficult for people to remodel and this extension is at the request of the petitioner and not a request by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINFaSS: 14. FIRST ADING OF AN ORDINANCE AMENDING SECTION 6.06, CONTRA TS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL SSESSMENTS OF THE FRIDLEY CITY CHARTER: MOTION by Counci ember Billings to table this item. Seconded by Councilmembez Bolkcom. UPON A VOICE VOT ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA IMOUSLY. > FRIDLEY CITY COUNCI MEETING OF JUNE 18,2001 PAGE 12 � 15. FIRST READING OF N ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS ZOA #O1 02, BY BOBBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREE N.E. ARD 3 : MOTION by Councilmember Bo kcom, to table consideration of this item, ZOA #01-02, in order to ascertain the necessary inf rmation to fully examine and study the request, and to extend the review period for City Council tion an additional 60 days. Staff will notify the petitioner in writing of the 60-day extension as so n as possible. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that t is would give more time to consider the request from Mr. and Mrs. Taylor's attorney and receive ore information by July 23. UPON A VOICE VOTE, ALL VO ING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL 16. - SPECIAL USE PERMIT REQU ST, SP #Ol-O5, BY RICHARD AND LAURA WOLFE, TO ALLOW A SECON ACCESSORY STRUCTURE, GENERALLY LOCATED AT 960 HATHAWAY L NE N.E. WARD 2 : Mr. Bolin stated that the petitioners are seeking a special use permit to construct a 600 square foot accessory building at 960 Hathaway Lane. T e total square footage of all existing proposed accessory structures on this site is 1,040 square fe , which is 360 square feet less than the total allowed by Code. The proposed garage will be irectly behind the existing garage. The Planning Commission approved this at their June 6 eeting. Staff recommends approval with six stipulations. Councilmember Billings asked how many special u permit applications for secondary structures in Fridley are received on an annual basis. Mr. Bolin stated that there probably are 15 to 20. Councilmember Billings asked how many have been approve�and how many have not been approved. � Mr. Hickok stated that he could recall one that was not approved sinc'e 1994. Councilmember Billings stated that from a practical standpoint, this is.merely complying with the requirements of the code that in a single family zoning, a second garage needs City permission, but is not unusual. Mr. Hickok stated that the one that was denied was because of size. 't� Councilmember Billings stated that there is nothing special about the special use�iermit. We are not going out of our way to do something for Councilmember Wolfe that we do no�>ormally do. It was unanimously approved by the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF JUNE 18,2001 PAGE 12 15. FIRST READING OF AN ORDINANCE TO AMEND THE CITY �ODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA #01-02, BY BOBBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREET N.E.) (WARD 3): MOTION by Councilmember Bolkcom, to table consideration of this item, ZOA #01-02, in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additiona160 days. Staff will notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that this would give more time to consider the request from Mr. and Mrs. Taylor's attorney and receive more information by July 23. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. - SPECIAL USE P RMIT REQUEST, SP #01-05, BY RICHARD AND LAURA WOLFE, TO ALL W A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 960 THAWAY LANE N.E. WARD 2 : Mr. Bolin stated that the petitio ers are seeking a special use permit to construct a 600 square foot accessory building at 960 Ha away Lane. The total square footage of all existing proposed accessory structures on this site is ,040 square feet, which is 360 square feet less than the total allowed by Code. The proposed arage will be directly behind the existing garage. The Planning Commission approved this t their June 6 meeting. Staff recommends approval with six stipulatiuns. Councilmember Billings asked how ny special use permit applications for secondary structures in Fridley are received on an ann al basis. Mr. Bolin stated that there probably are 15 to 0. Councilmember Billings asked how many ha been approved and how many have not been approved. Mr. Hickok stated that he could recall one that was ot approved since 1994. Councilmember Billings stated that from a practical tandpoint, this is merely complying with the requirements of the code that in a single fam y zoning, a second garage needs City permission, but is not unusual. Mr. Hickok stated that the one that was denied was becaus of size. Councilmember Billings stated that there is nothing special a out the special use permit. We are not going out of our way to do something for Councilmember olfe that we do not normally do. It was unanimously approved by the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 2001 AGE 11 Mr. and Mrs. Marie and Scott St. Arnold, 350 Ironton, stated that the like the quiet neighborhood and are concerned about the property due to the experience bef re. Six calls were received by other neighbors with the same concerns. A sober house is an h orable idea, but the Taylors do not even homestead the property and this is where they live. Councilmember Bolkcom asked if five unrelated people could liv in this home until the necessary corrections are finished. Mr. Bolin stated that was correct. Mayor Lund asked about the other neighbors' concerns. Mr. Bolin stated that he received siY calls before the P1 ng Commission meeting and all were in agreement with the St. Arnolds. MOTION by Councilmember Bolkcom to continu this item. Seconded by Councilmember Wol€e. MOTION by Councilmember Bolkcom to amen the motion to continue this item until July 23. Seconded by Councilmember Wolfe. Ms. Marty stated that they have no objec 'on to extending this to the second 60-day period provided by the Statute. Mayor Lund asked when the second 60- ay period would start. Mr. Bolin stated that would be on Ju 3. Councilmember Billings stated t t they are all in agreement with this. They are not trying to make it difficult for people to r odel and this extension is at the request of the petitioner and not a request by the City Counc' . UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MO'TION CARRIED UN IMOUSLY. NEW BUSINESS: 14. FIRST REA ING OF AN ORDINANCE AMENDING SECTION 6.Ob, CONTRACT , HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL AS�SESSiV1ENTS OF THE FRIDLEY CITY CHARTER: MOTION by Co�ncilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOI�E VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CAI�c�2IED UNANIMOUSLY. , ! FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 23 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA #01-02, BY BOBBY TAYLOR, GENERALLY LOCATED AT 401 IRONTON STREET N.E.)(WARD 3) (TABLED JiJNE 18, 2001): MOTION by Councilmember Bolkcom to deny approval of the first reading of an ordinance to amend the City Code of the Fridley City Code. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Hickok to notify Mr. and Mrs. Taylor. NEW BUSINES : 18. FIRST REA NG OF AN ORDINANCE AMENDING CHAPTER 402 OF THE FRIDLEY C Y CODE PERTAINING TO WATER AND SEWER ADMINISTRAT N—REPAIRS TO CONNECTION: MOTION by Councilmember illings to waive the reading and approve the ordinance on first reading. Seconded by Councilm mber Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOU Y. 19. VARIANCE REQUEST, VAR#0 -09, BY RICHARD AND MARY NORDSTROM, TO REDUCE THE SIDE YARD S TBACK TO ALLOW THE CONSTRUCTION OF AN ADDITION TO THE GA GE WITH LIVING SPACE ABOVE THE GARAGE, GENERALLY LOCATED T 145 HARTMAN CIRCLE WARD 3 : Mr. Hickok stated that the petitioners are seeking to educe the side yard between the property line and living space from 10 feet to 4.58 feet, and the ide yard setback for an attached garage from 5 feet to 4.58 feet to construct an 18 foot by 28 fo t attached garage addition with living space above. The house is sitting skewed on the lot and e southwest corner of the house is where the variance is needed. The proposed addition wil exceed 1,000 square feet by 148 square feet. The petitioner indicated that part will be his wor shop so he can separate that off and stay within the 1,000 square foot maximum. That is an accep able alternative. Mr. Hickok stated that staff visited the site and noted there are ptions without needing a variance. One would be reducing the addition size to 12 by 28 fee to gain both garage and living space. A detached garage could be constructed in the rear of t e property and a drive could be brought around the west side of the garage to access the new ga ge. The petitioner's hardship statement is as follows: "We have t�vo large silver maples in th backyard and the trunks of the trees are over 30 inches in diameter. One of the trees is directly ehind the kitchen to the north of the lot and there is no way to add this addition to the north with ut taking down these lovely silver maples. We have four vehicles and there is a useful purpose f every one of FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 24 i them. I wou�,d with the addition be able to store these vehicles inside and not have to keep two of them in the�'�iriveway all year long." � Mr. Hickok stat�d that staff determined that these options would not affect the maples and has not identified a r al hardship. Staff recommended denial. A real hardship is that one property cannot be put to easonable use if used under the requirements of the Code. There are no physical characteri tics for unique property conditions. Staff demonstrated that alternatives do exist. The variance hould not alter the character of the neighborhood. Setbacks provide green space and emergenc space for emergencies and lessen crowding in the neighborhoods. The height of the living ea would be out of character for the neighborhood. The Appeals Commission concurred hat there is no real hardship. Councilmember Bolkcom asked if the Nordstroms knew this was on the agenda. Mr. Hickok stated that he c lled them today to notify them, and staff has been in contact with them. Ms. Alice Nelson, 149 Hart Circle, stated that she feels the addition would be out of character with an immense wall. Councilmember Bolkcom stated th t they could build without a variance. They could build and still have a workshop or shed. She a ked if the 60-day action is up tonight. Councilmember Billings stated that M Nordstrom could build a garage that is 17.58 feet by 28 feet, and he could build a living space th t is roughly 12.5 feet by 28 feet. MOTION by Councilmember Bolkcom t deny VAR #01-09. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. REQUEST FOR A ONE-YEAR LICENS EXTENSION FOR A TEMPORARY OFFICE TRAILER LOCATED AT 7501 C MERCE LANE N.E. ARD 3 : Mr. Hickok, Community Development Director, stated h t one year ago on July 24, the City Council approved a temporary trailer license for Lombard�leats. The license was issued for one year until the building addition was complete. Mr. Mic�ael Gow, Director of Sales and Operations, indicated that the addition has not been constructec��,as anticipated. Funds will be requested at the parent office to construct the office addition in�ctober of this year. Spring construction is anticipated if approved. Staff has received a call fr�m a neighboring industry requesting that the license for the extension not be granted. Primary co erns are the appearance of the temporary structure and Lombazdi's unpaved driveway. Staff rec mmended a one-year approval coinciding with the facts about their building plans for 2002 but o future extensions beyond July 2002. Staff also recommends the discontinuation of the use of the gravel drive with , _ �_�. s� - _ . - ti R FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 6 Councilmember Billings asked if Mr arris was talking about the acceptance of the minutes or a particulaz item on the agenda. Mr. Harris stated that he wo d like to discuss a particular item and the statements that were made about it. Councilmember Billin stated that they get the minutes but do not always discuss them. Mr. Harris stated th t it has to do with the sprinkler ordinance. Mr. Hickok, Co�`irriunity Development Director, stated that it is scheduled for discussion at the August 13 meet�ng. PUBLIC HEARINGS: 13. CONSIDERATION OF A REZONING REQUEST, ZOA #01-02, BY BOBBY TAYLOR, TO CHANGE A DWELLING FROM R-1 SINGLE FAMILY, TO R-3 MULTIPLE FAMILY, GENERALLY LOCATED AT 401 IRONTON STREET N.E. (WARD 3) (TABLED JUNE 18, 2001): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that Mr. Taylor is the property owner and is requesting a rezoning from R-1, single family, to R-3, multiple family residential. This will accommodate the number of units and density desired to operate his sober house. The site was platted in 1966, and in 1976 the previous owner obtained a special use permit which allowed the residence to have a second dwelling unit within. In 1999, the property had been converted outside of the guidelines of the 1976 Council action into three distinct units with two additional sleeping rooms in the basement. In May of 2000, a special use permit was revoked by the City Council rendering this a single-family residential structure. In the fall of 2000, the City received numerous calls from realtors and prospective buyers inquiring of the possibility of using this home as a multi-unit rental. In March of 2001, Mr. Taylor requested that the City conduct an inspection of the property in order to obtain a rental license. Upon inspection, the City inspector noted a number of major remodeling items without permits and that there were three distinct units within and at least 9 to 11 people living there. Mr. Taylor was informed he had an illegal rental and must reduce the number of unrelated persons in the home to 5 to meet the R-1 requirements. Mr. Hickok stated that there has been no building permit issued since December of 1999 which was for an egress window. A rezoning is a City discretionary grant and the request must be in keeping with the overall vision and best interest of the City. Historically, a rezoning in Fridley ! r FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 5 , 10. CLAIMS. APPROVE PAYMENT OF CLAIM NOS. 100470 - 100737. 11. LICENSES: APPROVED LL LICENSES AS SUBMITTED. 12. ESTIMATES: Approved estimate as follows: Pearson Brothers, In 240 St. JoYuis Street Loretto, MN 55357 Street Improvem t(Sealcoat) Project No. ST. 2001 - 10 FINAL ESTIMA $ 15,163.14 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Pro ct No. ST. 2001 - 1 Estimate No. 2 $ 62,500.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as amended with Item Nos. 6, 7, 8, and 9 placed after Item No. 15. Seconded by Council ember Barnette. �� UPON A VOICE VOTE, ALL VOTING AYE, IYIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. �, OPEN FORUN�, VISITORS: � Mr. Richard Harris, 6200 Riverview Terrace, asked when t y were going to discuss the Planning Commission meeting minutes of July 18. Councilmember Billings stated that the minutes will not get to them for couple of weeks. Mr. Burns stated that they would probably be on the agenda for the August 13 meeting. ' FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 7 has also involved consideration of the health, safety, and welfare issues as alluded to in the property history section of this report. Those issues cause great concern. The City's December 1999 inspection revealed that the structure was not adequate to allow additional units. The City's March 2000 inspection revealed that Mr. Taylor had done many cosmetic changes to the home without the benefits of permits and property inspection. Mr. Hickok stated that the request fails to meet the following criteria for rezoning: The first is that compatibility of the proposed use with the comprehensive plan is inappropriate because it makes no mention of expanding the R-3 zoning district into this neighborhood. Granting of this rezoning request would be inconsistent with the City's overall vision for this neighborhood. Compatibility of the proposed district with adjacent uses is inappropriate because it would allow three units and up to fifteen unrelated persons to live on this property. This density is well beyond what is allowed in a R-1 rezoning and would increase the traffic. There is not adequate paved parking on the site to meet the R-3 code requirements for parking. Creating an appropriately sized parking lot would drastically change the residential feel and the look of this neighborhood. Designation of the R-3 district would allow the property owner to remove the single family home and replace it with a three-unit apartment building with any type of residential character and architecture which may not blend with the neighborhood. Compliance of the proposed use with the proposed district requirements does not meet the setback requirements for the R-3 zoning district. Based on the size of the site and the possibility of three two-bedroom units, a total of si�c parking stalls would need to be provided on site. Mr. Hickok stated that this request would also require a landscape plan. At the June 6 Planning Commission meeting, a motion was made to recommend denial of the rezoning request. It passed unanimously. Staff recommends that Council deny the request based on concerns over health, safety, and welfare that have not been properly addressed. The property is not in conformance with the comprehensive plan as a R-3 use and would increase the neighborhood density beyond R-1 standards by allowing up to 15 people. The creation of the required parking lot would change the residential character of the neighborhood. Mr. Hickok stated that the house is very comfortable inside and they have done a nice job. Concerns do exist though. The bathroom floor was substandard and two inspectors could not stand in the bathroom at one time without fear of falling to another level. That has now been tiled and there was no opportunity to look beneath. The petitioners did obtain a building permit on June 26. There have been no inspection updates because there have not been any calls to view the property. Councilmember Bolkcom asked how the inspections normally take place. Mr. Hickok stated that once the building permit is requested, there is a checklist that goes along with the building permit. The permit is the card that goes in the window. The owners call for an inspection when they have reached a certain benchmark spelled out on the checklist or permit. Councilmember Bolkcom stated that a correctional officer called her today and mentioned that he had high respect for the Taylors and the work they do. FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 8 � Mr. Hickok stated that he was unable to speak with the gentleman directly but had a detailed voice message from him. The gentleman has had a working experience with the Taylors and believes that they are providing a very valuable service to Anoka County. He is concerned that the rezoning request might not be approved and the operation may not continue. Councilmember Bolkcom stated that they do very good work and this home could provide a very valuable service to the community. This however, does not really enter into the rezoning request as such. Criteria has been set up to help make that decision. Ms. Barbara Ellis, 430 Ironton, stated that this home has not been a single family home for ten years. This is the first summer there have been no police reports and it has been quiet. This is a very good thing being done for the City and it should be approved. Councilmember Bolkcom asked if Ms. Ellis realized that if it was rezoned, this property could be sold and torn down and made into an apartment building. Ms. Ellis stated that this is needed for people right now. Ms. Catherine Taylor, wife of the petitioner, stated that they were misled when they bought the property. The realtors led them to believe that it was a simple license to obtain after fixing up the property. That is what they did, but they were told the wrong information. This is the only other building they own besides their own home and they have never had opportunity to go through the process. They are waiting for the construction to start and that is why they have not called for an inspection. They got the residents of the home out and misunderstood what they needed to do next for the rezoning. They did not buy the property from the owner who previously had the special use permit. They pride themselves on keeping the property nice. They want to fix the siding, deck, and landscape the property. They did not understand about the R-2 and R-3 districts. She asked if there was a way to request a rezoning to R-3, as a restricted use for a duplex? Mr. Hickok stated that this is a questionable area. Ms. Taylor stated that they would not go to R-2 because that is considered spot zoning. Two houses down it is R-3 and everything on the left is single family. Councilmember Bolkcom asked Mr. Hickok if there was anything in the City considered R-3 with stipulations. Mr. Hickok stated that they do have some with stipulations placed on them. He has concerns about how that reads to a future buyer and that it would possibly create future problems. Mr. Knaak, City Attorney, stated that it is now discouraged and only allowed in limited circumstances dealing with transitional zoning. There are provisions in state law allowing additional kinds of uses for a transitional period. As a general rule, the rezoning is a legislative enactment and cannot be made to apply conditionally. � FRIDLEY CITY COUNCIL MEETING OF JULY 23,2001 PAGE 9 Councilmember Bolkcom stated that it might be precedent setting. Mr. Knaak stated that Council will then be required to treat a similar request in the same manner. Councilmember Bolkcom stated that when the special use permit was revoked, Council asked that something be recorded at the County for future buyers. Mr. Hickok stated that every Council action is filed with the County as soon as possible. Mr. Bobby Taylor, petitioner, stated that the work they had done was not cosmetic, and they would not put ceramic tile on a floor that was caving in. He has two different appraisals with him that state that the property is zoned R-2. When they went to look at the property, they saw two separate entrances, two electric meters, and he did not have any reason to think it was anything other than a duplex. They would agree to the granting of this request contingent upon inspections. They are not trying to hide anything from the City. If his intentions were not sincere, he would not have called for the inspection. He said he was proud of the work he had done. Mayor Lund asked if they were requesting rezoning to R-3. Mr. Taylor stated that they wanted R-2 in the beginning. Councilmember Bolkcom stated that she does not think that there is anything recorded at Anoka County stating the property is in a R-2 zoning district. Councilmember Wolfe stated that permits are for the property owner's protection. Mr. Taylor stated that once they pull the permits, they are hoping to not have to rip out walls. MOTION by Councilmember Bolkcom to receive the appraisals prepared by Alice Marsh and Michael Martindale. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns stated that the issue is that Mr. Taylor did not pull a permit on the work he had done. Mr. Hickok stated that was correct. Mr. Taylor cannot do the work himself because he owns a commercial property. Councilmember Bolkcom asked how many unrelated people could live in this residence at the present time. Mr. Hickok stated that a total of five people can live there. If we are recognizing three units then they each could have one family per unit. _ .� : ,. . ... .-. . �: = 1 _ _ , ; . . ,_-, _ , ., .. _ _ . . . ....�, FRIDLEY CITY COUNCIL MEETING OF JLTLY 23,2001 PAGE 10 � Councilmember Wolfe stated that is if it is rezoned. Mr. Hickok stated that was correct. Councilmember Barnette stated that he feels positive towazd what the Taylors have done, but the work that has been done still needs to be inspected. He has the most concern with the issue of rezoning to a higher density. He feels badly that the realtor did not understand and misled Mr. and Mrs. Taylor. Councilmember Bolkcom stated that they need to separate these issues. All the inspections and permits were done, and the issue is whether or not the zoning should be R-3. Mr. Taylor stated that at a meeting, a staff inember commended what they were doing, but that they were doing it in the wrong place. Councilmember Bolkcom stated that it is in a R-1 district and changing it to R-3 is inappropriate for the neighborhood. There are health and safety and parking issues. Mr. Taylor stated that they are only asking to use the property for what it always has been used for. The density and parking are concerns. He is going to find a family to rent this house to and possibly sell it. Councilmember Bolkcom stated that Mr. Taylor can have a rental property. Mr. Taylor stated that he is very disgusted more than hurt with what he is hearing tonight. Mr. Hickok stated that if you have a single family house and you are living in it and working on it you still need a building permit. Nine people occupied this property when the inspection was conducted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:52 P.M. Mr. Hickok stated that if this request is denied, the petitioner must still obtain all necessary building permits for the work done to date, and return the home to a single family status by installing a doorway and/or necessary steps between the main floor and the second floor within three months of the denial. Follow up inspection will be done at this time. 14. CONSIDERATION OF AN ORDIN CE AMENDING CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CO E, PERTAINING TO AUTOMATIC CHANGEABLE SIGNS ZONING T XT AMENDMENT, ZTA #01-01, BY DAKTRONICS, ING TABLED JULY 9 2001 : ORDINANCE NO. ______ ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka County Recorder, generally located at 401 Ironton Street SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1, One Family Units to R-3, General Multiple Units. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ______DAY OF______, 2001. ---------------------------- SCOTT J. LUND - MAYOR ATTEST: ----------------------------- DEBRA A. SKOGEN - CITY CLERK Public Hearing: June 18, 2001 First Reading: June 18, 2001 Second Reading: Publication: 59 ORDINANCE NO. ______ ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 2, Block 1, Froids Addition, as recorded at the office of the Anoka County Recorder, generally located at 401 Ironton Street SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1, One Family Units to R-3, General Multiple Units. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ______DAY OF______, 2001. ---------------------------- SCOTT J. LUND - MAYOR ATTEST: ----------------------------- DEBRA A. SKOGEN - CITY CLERK Public Hearing: June 18, 2001 First Reading: July 23, 2001 Second Reading: Publication: 40 _ _ C[TY OF FRiDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY, MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 26, 2001 Bobby Taylor 8409 East River Road Coon Rapids, MN 55433 Dear Mr. Taylor: On July 23, 2001, the Fridley City Council officially denied your request for a rezoning, ZOA #01-02, to rezone the property from R-1, Single Family Residential to R-3, General Multiple Units, generally located at 401 Ironton Street. You must still obtain all necessary building permits for work done to date. You are also required to return the home to single-family status by installing a door way and/or necessary steps between the main floor and the 2"d floor within three months of denial. A follow up inspection will be done at that time, and criminal citations will be issued if there is non- compliance. If you have any questions regarding the above action, please call me at 763-572-3590. Sinc rely, C�� o ickok C unity Development Director SH/jt C-01-101