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SP77-06 � . i . • ; . I ! � PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: , Notice is herby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, June 22 , 1977 in the Council Chamber at 7 : 30 P.M. for the purpose of : Consideration of a request for a Special Use Permit, SP #77-06 , by Norman Ha11, Section 205. 051, 3 , C, of the Fridley City Code , to allow the construction of a duplex/double bungalo in an R-1 zoning district (single family homes) , on Lot 1, Block 4 , Sylvan Hills Plat 3, located in the 5outh Half of Section 15 , T-30 , R-24 � City of Fridley, County of Anoka, Minnesota. Generally located at 6390-6392 Starlite Boulevard N.E. Any and alI persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHA I RMAN PLANNING COMMISSION Publish: June 8 , 1977 June 15, 1977 - - ��-,- , PLANNING COMMISSION 6-7-77 Council � MAILING LIST SP #��-6� Norman Hall to constxuct a double bungalos � � in R-1• aanrng. � �� _ _ .. � � , � 3 y �� , Norman Hall Mr. $ Mrs . Raydon Hong 55 N. E. 66 1/2 Way ... . 115 Sylvan Lane N .E . Fridley, Mn 55432 Fridley, Mn 55432 , � �arlson-Lavine , Inc . Mr. �, Mrs . Charles Sander 2831 Aldrich Avenue South 101 Sylvan Lane N. E . �Iinneapolis , Mn 55408 Fridley, Mn 55432 Charles G . Aspenson 'a370 Starlite Blvd. N . E , Fridley, Mn 55432 ��ir. �, Mrs. William Kidder 5360 Starlite Boulevard N .E . Fridley, Mn 55432 Ms . Mary Auger . � 6248 Starlite Blvd. N.E . Frildey, Mn 55432 Mr. �, P�Irs . Roy Caples 100 Satellite Lane N . E . Fridley, Mn 55432 Mr. �, birs . Ralph 1�lisser 114 •Satellite Lane N . E . Fridley, Mn 55432 � �tEt �t��EREIi� CG��1�� .;� � �-�s..�' a;�'��,°� ��.a, ��"�! �. �'•» . . �' A��wpY� �lBfi'� '�•�� ' . . 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' . . . .. . ..., .. _ , � 4 � (Official Pubtication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, June 22,19T7 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a request for a -- - .� Special Use Permit,SP�77-06,by � Norman Hall, Section 205.051,3, - C, of the Fridley City Code, to allow the construction of a duplex/double bungalo in an R-1 zoning district (single family homes),on Lot 1,Block 4,Sylvan . Hills Plat 3,located in the South `- Half of Section 15,T-30,R-24,City �f Fridley, County of Anoka, ��nnesota. ��,;enerally located at 6390�392 �•' ''�-te Boulevard N.E. ' •d all persons desiring to be 'be given an op rtuni4y at ated time a�lace. RICHARD H.HARRIS Chairman � Planning Commission 8&15,1977)-�B8 CI'I'Y OF rRIDLLY MINN(:SU'1'A � • PLANNIN6 AND ZONING FORM NUMBER SP #77-06 . TYP� OF REQUEST � APPLICANI''S SIGNATURC ��%/�I!,'�r,� �--,�� . Rezoning llddress :5 � '�� % �.t-� �1 : N� �, X Special Use Per�nit � Telephone Number J� � �-�'S� 2 Approval of Premin- inary F� Final Plat PROPERTY OWN�R'S SIGNATUR� ��'�-- Streets or Alley � � Vacations Address • ' : Other Telephone Number � �y-�� Fee$120 Receipt No. �1�c7� Street Location of Proper.ty Gi � �1G � � •� �!�- ,Ld•1xc�i , ,��--,-t.� Legal Description of Property ��cf �` �lC'��i� �ia%v�W ,�-�//S �� Present Zoning Classification R-1 Existing Use of Property ��-�-ca� 9 9 so ,� Acreage of Property ��_ Describe briefly the proposed zoning classification � or type of use and improvement proposed Section 205 .05 1, 3 , D, to allow the � construction of a duplex/double bungalow in an R-1 Zoning District Has the present applicant previously sought to rezone, plat, obtain a lot s�lit or variance or special use permit on the subject site or part of it? yes no. What was requested and when? � The undersigned understa�ids that: (a) a list of all residents and o�aners of property ti�itllin 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents ar.d property owners of property in c{uestion, belongs to tlle undersigned. . A sketch of proposed property and structure must be drawm and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, �roposed structure, and front and side setbacks. . ° 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet}. ' The undersigned �hereby declares that all the facts and representations stated in this application �re truc and correct. � DATE �J - 2 � � J 7 SIGI�IATURF. ��7�1�vc_ •��sL' (APPLICANI') . Date Filed Date of flearing Planning Conunission Approved City Council Approvcd (clates) 1)enied (dates) Denicd � � � � - -- � ' . . F . CITY OF FRIDLEY PETITIUN COVER SHEET Petirior� No. 11-1977 ��r �iate iceeeive�i June L3, 1977 Ob ject In favor of Speci al Use Permi t, SP #77-06, b�y Norman Hal l , for the construction of a duplex/double bun alo in an R-1 Zonin x� District on Lot l , Block 4, S lvan Hills Plat 3 6390-6392 Starlite) Petition Checked By Date Percent Signing Referred to City Council Disposition ,• . � �' *_ � !�� .� ;� " ,��" ' . �3�G 1 �tf� �� ,� , ' J�'� �'�J � ♦ ' ',�� C�aictisirctt��l �rt (h[�t�s C.�. ��II �,S--�p•/ ..k� �':� , r. : .�, �-�es�ft wAY�.�. �t�z-�»a-iti�� sp� r�y :�„� . FRIDLEY.111NV. b5432 - `�M �.:.,,�r. • r �. Y;'. .,5-'�i�.'.�. � . ,� +>. - r�Y 31 . i97? ;;�� TO �VHOM IT N►.�Y CQNCERIV: �� ,�: = �_' _; WE, THE tP.VDERSIGNED, DO r10T H,�J'E ANy p$�TECTION T4 NORMAN F. IiAj,1, BUII�'NG A (DUPLEX) pR (DOUBL� BU�IGALOW) ON THE FOL7,OWING pROPERTl°- KNOWPI AS, (LOT 1 , BLOCK 4, SYLVAN HILLS� p�T �. QF �.i�T�7�Y� �ur�v�y�. ESOTA. ) - ,#� . � /c��?�-'��r f�-�� __:.5�`'--_�S?z , 2. �►c: _ 3 U �/;�L��iT� �b�.,r j 71_ �fl 9 L � _1---- ,.----�----�--- , , �� ,#3• - - --- - � /��S;�tF'%',� Lv. `�_Zi-73 70 :w�,,. -� , , a - - - �. #�4.-- R -- -_ ��_.,2.L,.J ��_/ 5,�, ' � i .,A - -� s7/'"�L9 �• #5 - -�-��__'_�_�OC% ��t__� � �P_ L o,., S��/ P'�/ r�,_ ----- _ . ?�t'�'Q�;E=�r �M��. 3.r�.rt�.�`�'`��..,_ `b�� ``-� ' '' o� s tGN aT��.e �, -- ----�%�=---��-�,�.t ��-�� 5%�/ -D�'3 � - , ; �, A � � � • �,�� '�'�,��'`�' !�4Lc ,,�'�`�L��'' SGr'D -3 J y� ' � � ' 1�- � ; ' ►� � � ' � /'r'.� /' 1_ ��r.� r �,l'3.1`.,�,r,� � _�, n ' �� ,� � ��(� ,�j� �} r �'ti ' - -`r ---� � v��L�✓�v ��'"V U, S /�... MoyA,,t.E 9, �� ^ � , �...:_ �.- ��4��n�rv2� � ��`��.�;.��y,,�. : '`1 �f � _�;�.,.,�L� S 7 I a-C� I 0 q�)G�� o _,� , r; � L�} — - --- � 1 - . . ; 1 �� J � i ; .-_ . � , . . .�". - . Z.' ' � : � . _.�t.�.�..-�.-+CY-� - ��z.t..r- - .�'G ,: _ v____ - � _ S_7 , � iy _ _ . ; •, , _ J _d.�-- ,rt �,- ; , � , , ;- _ � � � . , , =, j � . ..-> . yt L •Y. .%�j,�- ; _ � l ,�' x . � ��_� , f r =' �i ��l/�� »( ...,.% 'lj:.�t %L ��a'- � . . . ; , �_ ��/ /�09'� ,, _----_ . � ; _ • t _ .. CITY OF FRIDLEY PETITIUN COVER SHEET Petition No, 10-1977 Date Received June 23, 1977 Object In opposition to Special Use Permit, SP #77-06, by Norman Hall , for the construction of a duplex/dou6le bun alo in an R-1 Zoninq District�on Lot 1 , BTock 4, Sylvan Hills Plat 3 6390-6392 Starlite) . 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GMMENT� � �- � � ��r'�� , ��.. ��.� �� iy�� YC��"'�''� ,v� '��, �-,�.�, . � °� �- v-� ./�� l��y � �� .\'�� 0. r�,, �"- ' ' �� lrr��.s�' m�� .�°�-` `� I O . ��1�'�'v'�"` �C�} � �t�t��✓ � 3 G G ` � ,��-�., q� �iti � �Q.�.� �� ,�� ., �e� ► � � . -�-; ��-�-- �� uc Be''�� '�i. �a,�. ��i� Ua-ua�rc,� c�� " / C r `�� ' � • PLANNING COf1MISSION f�EETING -- JUNE 22 , 1977 PAGE 19 3 . PU�LIC HEAf;I1dG = �E�UCST FOR A SPECIA� UaE PERt1IT �77-0 ----__ __ ___ ....__ __.._,._ _ ____._ . _ ____ .__ __,______;.-----------. _. ___._�._. f�Y h;C,aRi��!'..�; HG,LL : Pcr Fr�dley City Cou� , Section c05 . ---------_-- - -----. 3• D� to allow the ronstruction of a duplex/double bungalow in R-'L zo!iing {sinc�l� i `,mi.7.y I�om�s} on Lot ]„ Block 4 , Sylvan Hills Plat �i , the same �eing 6390-6392 Starlite Blvd MOTION by Mrs . Schnabel , seconc�ed by f1r . Peterson , to opGn the Public Hearing • Upon a voice vote, all voting aye, the motion carried unan?.mously• The P�,�:lic Hearing was opened at �Q :04 P •f1 . Mr - Boa^c�man said that the rc�c�uest w�:s to construct a dupl�x/ double bungalow on � presently existing single family dwelling lot • He said that a duplex or double bungalow could be allowed in a single family area with the Special Use Permit - He indicated that he had a copy .of the house plans . Also he indicated that a petition �1,�,-1977 that had signatures of the people that were in agreement with the plan was included in the agenda packet • Mr• Boardman said that the lot backed up to lots zoned industrial • He then proceeded to indicat� all the zonings of the lots located in the area in question . Mr • Norman Hall of 56-66 1,/2 Way presented his plans to the Commission and the audience . He said that he planned to build a double bungalow or duplex style house on the property. He felt that what he proposed would be an asset to that corner as well as the ~:eighborhood . He said the cost of the proposed dwelling would be approximat�ly $65-75 ,�u0 . Mr. Boardman informed the Commission that Mr • Hall would also - have to go through a variance request since the lot measured 9,942 square feet and code requirec� 10 ,�00 square feet . Mr • Hall indicated that he really had the intention of dressing- up the proposed structure so that it would resemble a single family dwelling . He said that once he had the completed , final plans he would be willing to get with the neighborhood and discuss the plans with them before starting construction . Mr • Bergman asked why Mr• Hall wanted to develop this property with a double bungalow rather than a single family dwelling • Mr• Hall said that since he was a construction worker/brick layer he felt he had the knowledge and ability to attempt to build that type of dwelliny • He also indicated that since his family was grown , perhaps in time � he would want to move into a smaller dwelling and he thought that a part of the double bungalow would suit him and his wife perfectly• Mr • Bergman �sked what f1r - Hall ' s plans were regarding rental versus sales - i '"..' PLANNING COP'If1ISSI0N t'IEE'i'I:NG -- JUNE c 2 , ],977 PAGE r 0 �ir • H�11 explained tF�Ut h�� d:_dr� ' t pl��n to �c>11 th� doubl� bungalow . ' He saiG th=� hiG mig`-�t �cc.�_�p iL- for rF_nt��1 only; or � lik.e he had mentioned previously� possi'r�Iy to live in . He did indicate that he uc �=ir-�it�ly did not �i�r-, �o �uiid t:,� �}uNl�x ior �ale� purpose� • t1r • P,obert Lee of ],30 Satellite Lane asked if (�Ir • Hall owned any other double bungalo�.�s or duplexes . Mr • Hall. sai_d that he owned onr duplex located en 5�rd and 5th Street which he had recently purchased • He commented that anyone that w-�nted to drive by th.� c��_�pl.�x woul.d aarE->e that �t was one of the nicest kept houses in the area . f1r- Hall stated that it was not his intention to build a piece of junk on that property . He said he planned to as cafeful as possible with any rental of the property • f1r• Robert Lee informed the Commission that he was at the meeting representing �1r • Hall {he was a Realtor} • He explained the entire area around the lot in question . He said he had talked to each of the neighbors that were on the mailing list . He said that all the people he talked to were in agreement with f1r • Hall ' s plans . He said that the entire area was well kept and that Mr • Hall planned to be sure that the double bungalow would be well kept and nice at all times • , f1rs . Judy Kidder of 636� Starlite Blvd saici that she was at the meeting rr�ainly becGuse of a misunGerstanding • She said that she doubted the credibility ef the Petition �1,1,-],977 since she had signed because she had been led to believe that the only thing that could be built on that property was either an office buildir:� or a rrultiple dwelling . She said that it had been a misunderstanding because if she had been told that a single family dwelling could also have been built on that property, then she would not have signed the petition that was in favor of the construction of a double bungalow- She felt that people who lived in rental units did not have the pride that people had when they owned their homes • She said that the entire area would suffer if someone moved into that duplex and didn ' t take care of it • Mrs . Kidder said that she preferred to see a single-family dwelling constructeo on that lot and wanted he.r name removed from the � petition • ' M r• Lee pointed out that rental property could be just as well kept as privately owned property • r� r.r��;T�.� ��Jt�f17S';T''i',J Mf��"TTr,,� __- �1tJr,,� �� , ]�9r? PAGF 21 ' �{{,S.r. ri;;::t':�Ut'1 �i<:it'`f 7 .: ,-.': i r C� l�" �C'.:.� . Y1.�C.�inC' W�3tltC'd hcr tic�t7iE� removed �rUrti �hr� Netii.ic�n -��1,],--J,977r P1r^� . K.idder said that hE�r name r�nd �ary Auger of 6348 Starlite Blvd . �i��;o w�;f-�tE�d her r�i��rre r�+��=rnovE>d • f'�ir•s Kidc:�er F�xpl�ined that (�s • Auger hdc! to le�ve because oi= sirter oroblems due to the late hour • t"r • L�� Goloyizcd for �r��y mi��vr,df.�rstanding and said that he had r�ot in+.;nntiona:lly misled anyon� r�g�rding the property. He said t' -+. r: _ f,�d �-:x;�1_=ir;�:c� t.o t�{-:<` p��,pl� tt-,e pc�-� i��i?ity of using the 1ot as a type of buffer zone b�tween the industrial zone and tf,�= Sj f-;t�1 p--'�c:S'fl_7.�� G�4:t'.�..�. ..i'iC ZO±',�% • C-':� �.;1C:1.Cc��CC� t{"1,3t he felt the partic_ul�r lot may h�ve �een a little harder to sell since it bordered on the industrial lcts . t1r • Hall said that he agreed that sometimes an absent landlord didn' t have the tenuency to take care of the property as much as a person that lived on the prop2rty• He wanted to make the point that he re�lly couldn ' t rrake the statement that he would definitely move into the duplex or for that matter when ex�ctly he might move in; but he felt that he uid have inter�tions of keeping the propert�y up as w�ll as his own was kept up and he invited anyone to drive past his home and see for themselves that he definite].y kept a nice yard . Mr • Ha11 also pointed out �hat sometimes people who own their own homes don' t always keep their yarcis nice • Mr • Charles Sander of 1,01 Sylvan Lane suamitted a petition to the �ommission that had signatures o� pc�ople in opposition to the grantzng of Special Use Per^mit �77-06 • He said that the lot was zoned R-L and that it should remain as R-1 • He said that �11 the promises were probably well meant but that things didn ' t always work out the way someone plans • MOTION by �1rs • Schnabel � seconded by �ls . She�, that the Planning Comrnission receive Petition �1,0-1,977 , opposing the Special Use Permit �77-D6 • Upon a voice vote, a�.l voting aye, the motion c�rried unanimously • i"OT�ON by f1s • Sh��, s.econ�led by f1r • $ergman , that the Planning Commission receive the revised petition �11-1977 , in favor of the Special Llse Permit �7?-D6 • Upon a voiee vote, all voting ay�:, the motion carried unan.imously • �hairperson Harris indicated that the same names could not be on .both :petitions and that .if a name was on both petitions, that tfie name would be removed from �et�tion �11-1,977 and left on Pet.ition �1,0-1,97? . . F�I At�i��l h�(, ��?r�l i rc T�np.i (at� �-•i'T^,(� .-- �liir,��- i i �� 1•"�� . ._ , _.._.. . _.... .__._ . F'�,C f- c :. • li�. C;.iro�i_nc� Jc,hr,<,;,n o' '.��'L� �t-�;r�lit.� Blvcl . f�_lt that since th�re wer� sti11 c�n�F�ty lots on the �outh end of Starlite Blvd, r , , , . �- .. : iE,;' I c1i. t.l��ll� :iC7tli�,?U(1�' t 1:�� WOI��LC� �1 U�..LOW I�If• ��ci1.]. � S F?Xc�Y11�12 c3TlC� decide t;a con�truct a double bungalow . She said that rental prope.>r�ty had t�o much turnover of people . She wanted the lot in quc��;tion to rem�ir, R-1, . �1r . E • L_ • �i_cc� of 1�C�0 �'ylvan Lann qave his c�scr�.ption of Starlite Blvd . He said that the entire area was single-family C��F?1. � 1 C1C`S �+!lC� f'lE? 5��1 C� t,�lc7t sinc� tf�;�? 10� Wc�S 7_OI"lE'C c3^ F:-]i � lt shauld be left as such . P1 s . Jof��nson war�ted to know why only certain people were sent Public Nearing notices and why f1r • Lee had only talked to certain people • h1rs . SchnabPl said that only properties within �00 feet of the lot in qu�stion had to be notified of the Public Hearing . Mr • Lee indicated that he had used the list he had received fram City H�11 when he went and talked to the individual neigh�ors• Ne pointed out that; of all the people he talked to, only one was against it and he said he wanted the lot to remain vacant . He sai.d that basically it cidn ' t make any difference at a11 to him whether the Speci�l Use Permit was granted or not . H� said that he had not sold the property and had nothing inves�ed in the property . He said that he really believed f�r • Hall hac a good plan and he believ�d �ir • Fiall had good int�ntions of keeping the property as nice as the adjacent yards • Mrs • Kidder said that she too thought the lot was nice just as it was and she didn ' t care if it was left vacant either, at least until someone decided to buy the lot anc! construct a single-farnily dwelling • Mr • Lee pointed out that the reason the lot looked so nice was not an accident • He said that f�r • Hall , the City of Fridley, and himself had the land leveleu and cleaned up and developed so that it would be pleasant to the eye • Mr• �ee felt that everyone was assuming that all double bungalows are bad, unkept places . Mrs . Kidder explained that from what everyone knew of rental property, that was tt��e trend . �1r- JoE�nson said that it would only be a mat.ter of time before :;c�n�e.one would buy that lot anG build as an R-1 . He wondered if it was a m�:,tter of wantinc7 scr��thing just to fill the lot wtiy would tF��y want to spoil such a nice area with a double bunc�alow . PLANNIt�G COf'If1ISSI0N i"1EETING --- JI_1NE �c , 1,977 PAGE c3 _ � t^r • Le!_� ayrced with flr • Jof-�r��,or� t��at tf��- 1 ct would definitely sell sooner or later. He w��s only at the meeting because he felt that f1r • Hall had a good plan and th�t he thought it would be an asset to the community• He said th�t the people ad,jacent to the property weren ' t objecti.ng - Mr • Walter Shupien of 6299 Trinity Drive said that he moved out of muli:iple dwellings to live in an area of single-famiZy homes . He asRced that the lot remain an R-1, lot • He said that it wa� only a rnaLLE'i of tirr�e befor�e renta1 property would go down hill and it almost always happened faster than privately ownEa•, owner-occupieu, property did • f10TI0N by �1s . Shea, seconded by f1r • Peterson , to close the Public Hearing • Upon a voice vote, all voting aye, the motion carried unanimously• The Public Hearing was closeci at 1,0 : 45 P .f1 . f1rs - Schnabel said that to grant a Special Use Permit on that lot was somewhat similar to a spot zoning — a direct change to a neighborhood • MOTION by Mrs • Schnabel , seconded by �1s . Shea, that the Planning Commission recommends to City Council the denial of the request for a Special Use Permit SP �77-06 by Norman Hall : Per Fridley City Code, Secti�n 2�5 .�51„ 3 • D � to allow the construction of a duplex/double bungalow in R-1 zoning {single family homes} on Lot 1„ Block 4 , Sylvan Hills Plat 3, the same being 6390-6392 Starlite Blvd • Mr• Bergman saiG that he didn ' t consider it at all unusual request to buffer other single-family homes k�ith a double bungalow that borCered on industrial • f1rs . Schnabel said that the entire area was single-family hom�s . She said that the zoning hadn ' t been set up to buffer the industrial and the single-family dwellings. Mr . Bergman thought that that had been a very drastic move as far as changing a zoning clirectly from Industrial to single-family dwellings . UPON A VOICE VOTE � all voting aye, the motion carried unanimously• Mr • Lee indicated that he had never been to a Planning Commission meeting in Fridley City Hall and he thought that the Planning Commission had handled themselves very well • He felt they had given everyone a fair hearing . He said that he had enjoyed being a� the meeting and he thought that the Planning Commission had made a very wise decision in denying th� request . He said that if anyone contested something going into a residential area, t.hey should have the ric�ht to keep it residential • He thanked the Commission for the opportunity of taking part in their meeting . - pLANnllrlr, COMf�ISSTON f1EETING__ JUNF �2 , _1�7? PAGE 24 , 4 - RE:�IIEST F�K A LQT SPL7.�1' � L_ • � - ? r-�16 , BY CLItJTON J - COf'PICUS : -- - -�--._��.__. -. �,:�l �i; �� t7 t��-_r,�orYi;E:::rly _iviir -{q}- � _;,��,- -�;�--t.vt_1,�-�-F3Ir��.--� --- ywcie Park AGditi�n . To allow for access to garage in back vard of Lot 9 • (1rs • Sharon Jensen of 5946-4th Street N . E - was present at the meetin� • (�IC' • .�i^vuf"'G��icj'1 EXplcil.ilE'C± t.!��3`�; i;�',(� 1Ot. }i.0 t.:�-':� SO'�J`'.{"1 Of 5ni5�-4th .c�tl^E'�'L r was an 8Cl foot lot . Ne said that f1r • Cop�icus wanted to put in a driveway • He saic tr�at in or�,�r to cc� tha� �nd maint�in the steps out ef the ��ck-door of his horre , he would have to obtain four feet from tf��e property located at 5946-4th Street N . E . Chairperson Harris wanted to know how close to the property line the ho�se at 5946-4th Street N . E • would be after losing four feet to 5940-4tn Str�et N .E . Mrs . Jensen said that she wasn ' t positive as to the number of feet but that she was sure there would be plenty of space on that side of the house � She indicated that her garage was located to the South in the rear of the house and that there was only grass on �he area that Mr � Coppicus wanted to buy• Mr • Bergman indicated that Staff had gone out to the home and measured and ha!r�' t in�i<�ated any problems • f10TI0N by (�r • Bergman , seconded by f1s • Shea, to recommend to City Council the approval of the request for a Lct Spli;:, L . S . 77-06 , by Clinto J • Coppicus : Split off the northerly - four {4} feet of Lot 10 , Block 13 Hyae Park Addition • To allow for access to garage in back yard of Lot 9 subject to a confirmation of no sideyard setba�:k problems . Upon a voice vote, all voting aye, the motion carried unanimously• Chairperson Harris declared a short bre�k at 1], :0� P .f1 . Chairperson Harris calleo the meeting back to order at 7,1, =1D P .f1 • 5 . PROPOSED SIGN CODE Mr• Boardman explained that he though� the Planning Commission should go over the propsoed Sign Cod.� and discuss the changes that had been made and to better unt�erstand what was being attempted by the Ordinance - f1r • Berqman commended Staff for ,�he work they had put into the Sign �ode Ordinance • He said tiiat they took the ideas from Community Development and convPrted thern into ordinance form and l�nguage • He said a lat of ti:`rl�ely ef�fort had been spent putting together the Sign �ode Ordin�i-�ce on very short notice • He said that there had been a big ar-�,;d pleasant change from what Community Development Commi�sion haci submitted and what they got back �' / - — - - __--- -----. -- _ _------ _- —..._ -----_ --------- _---------- - � � � 1�g------- —_.-- — � � � { Pae6 � ! ' REGULAR MEETING OF JULY 11, 1977 9 � i � � He s.tated, if it can be established that Mr. Mortensen is ' violation of any , � • of the building codes, noxious weed ordinance, etc. he ca be cited for these violations. • ' Mayor Nee stated the general unattractiveness of th�rea, the City has no ' power over, unless there are violations of the ordi nces. I I Mrs. Kuether felt it was upsetting when one pers must mow their lawn and another doesn't have to. ' Mr. Engebretson cited Section 205.105 of th code covering landscaping and ifelt Mr. Morcensen hasn't lived up to this. �� Mr. Herrick stated this section applies t new construction and the shopping center was there a long time before the rdinance was adopted. , � �� Mayor Nee stated he believes, as thing� now stand, the Council would vote to " , deny the request for a special use per��fnit, however, he is trying to see if this could be incorporated into a ge ral solution of the problem. He questioned, if the City could have the money esc owed so that if the property owner did not make the improvements, the City cou d proceed to do so, if the residents would ' be in favor of the request for ther pecial use permit. ; i Mr. Engebretson stated he did no� see a need for additional trailer sales as there are pienty in the area. ,' ' MOTION by Councilman Schneider ,�o concur with the recommendation of the Planning Commission and deny Special Us¢ Permit #77-05. Seconded by Counciiwoman Kukowski. Upon a voice vote,�all voting aye, Mayor Nee declared the motion carried unanim�usly. _ I • NORMAN HALL, SPECIAL USE PER S.P. #77-OG, 390-6392 STARLITF 60UL[VARD.- � - DiSTRICT: A(dD RE N #10-1977, IN OPPOSITION (0 ' , SPECIAL USE E'EF;P1IT SP f?77-06, AND PETI ION #11-1977 IN FAVOR OF SPEClAL U5E , PERMIT, SP # 77-06 ' MOTION by Councilman Namernik to receive petition #10-1977. Seconded by ' � Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared ' j the motion carried unanimously. I � � MOTION by Councilman Hamernik to receive petition #11-1977. Seconded by , - ! Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously. � Mr. Sobiech stated this is a request for a special use permit to allow construc- ' i tion of a duplex on a single family lot. The property is zoned R-1 and the � Zoning Code permits construction of a duplex in this zoning district with a ' special use permit. I � iThe Planning Commission recommended denial of this request at their June 22, 1977 ' ; meeting. , I i Mr. Sobiech stated the petitions the Council received indicate there were persons both in favor and opposed to this special use permit. He indicated, if the special use permit was approved, it would be necessary for the application to I � go to the Appeals Commission since the lot would not meet the square footage ', ' requirements. � � ��`J ; Mr. Hall was not present at the meeting regarding his request for the special ; ; use permit. � � j Councilman Hamernik stated he visited the area and discussed the special use ', permit with several residents and it appears there is concern about allowing j anything other than R-i going in on this property. � ( i � � MOTION by Councilman Hamernik to concur with the recommendation of the Planning j Commission and deny Special Use Permit #77-06. Seconded by Councilwoman i , I Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. i � . ? ___---_ __ _- --- ._ - _ _ _ ___ _ - -_ _ - -�*�r �_ _ _ __ _ _, _ _ -�: _ � . .I io� k I . � I � REGULAR MEETING JULY 11, 1977 Page 5 � j I - � Mr. Sobiech stated the special use permit is issued to the property owner � � which would be the owner of the Skywood Mall. He indicated the ow ner, Mr. Mortenson, was unable to attend the meeting this evening as he was called out ' i of town. ! � ; � Mr. Henriksen stated they do not intend to use the display area for more than � 8 or 9 mobile homes, however, when moving different units in or out, there � � may be times when several other mobile homes are stored overnight. ! � ( j Councilman Schneide r stated Mr. Henriksen's proposal looks very attractive � � and the comments from the Mayor of Blaine certainly speak in Mr. Henriksen's ; i behalf, However, Mr. Mortensen has not cooperated with the City in the past i to provide screening and olanting. He felt, therefore, he could not vote ' i for the special use permit, unless there was something from Mr. Mortensen , indicating his intentions. , � Mr. Nenriksen stated it is difficult to speak for Mr. Mortensen, but understands ihe has agreed,to certain improvements. � � Mr. Sobiech indicated the situation at the Shopping Center not only involves I' this particular site covered in the special use permit, but the entire ! I shopping area. He stated Mr. Mortensen indicated he had a-difficult time with ; plantings on the hill to provide screening, and presently, the site is very '� unkempt. i , � Councilman Schneider indicated he did not feel there had been good faith ; � • shown on Mr. Mortensen's part, ' iMr. Sobiech questioned if the residents might be receptive to the idea of a , . � preformance bond from Mr. Mortensen. Councilman Schneider stated he has not i discussed this with them. � MOTION by Councilwoman Kukowski to recieve petitien ,#12-1977 in opposition I � to the special use permit. Seconded by Councilman Schneider. Upon a voice � � � vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. June Kuether, 5268 Taylor Street, stated she has lived at this address for almost 13 years and not one thing Mr. Mortensen said he would do has been ' done. She stated he never even attempted to mow the hill. She felt, if the special use permit was granted, it would also generate more traffic. ', i - Mr. Sobiech pointed out there is a proposed improvement for 53rd llvenue with � ', construction scheduled to begin at the end of the year. Some of the residents indicated the problem is crossing Central Avenue at 52nd, and suggested the ', ; City request the State to take another traffic count at 52nd Avenue during ; the summer months. Another gentleman commented he felt, if the special use permit is granted, this i creates a possible situation for vandalism. i � � Mr. Aaron Engebretson, 5216 Taylor Street, submitted a photograph of the property taken in 1970 and stated it looks very much the same today. He stated they get promises from Mr. Mortensen he will do this and that and ; get nothing. i Mr. Herrick asked the residents what they were making reference to that Mr. Mortensen hadn't done. . � The residents indicated that Twin City Federal developed their property in an � , attractive manner and made reference to Mr. Mortensen's property in comparison. ' Mr. Nerrick indicated he did not know of any law that requires a property owner to develop his property as Tvrin City Federal has done. He indicated the City � � does not have the power to require a property owner to make, what the residents ' would think, as a beautiful, attractive piece of prvperty. i / i ' I � -----_ ___---- _.____ _ _.__. __ _ __ _ � ___ _ _ ___ _ _ _ __. ___ . ___. ______ _- .,�,,�- ; `�",*r;-,��,r� a» . , ?' x .Y F 1 A{. �16[ 1 i' � 7:: � �ee��+sar� !�,'�i,.aa�.'�:+r' '. r�n �+�r �,� �..:'.: r ' � � � �� il�i�s� �►`':;? �� . 5431 UNIYERSI7Y AVENUE N.•E., PRiDLEY, MINtVESOTA 5a432 � � �`' . ��,�r' TELEPHONE ( 613)571 -345a "` � ' �" July 18, 1977 M ' }�1Q-'��.w .p y �.• . t xYry ! �� CITY CaUNCIL �S �� r�� ACTION TAKEN NOTICE �: ��'� � ,�� ,�,. , ,,�. :�-��.. . „�' . , Norman Hall . 56-66 1/2 tJay N.E. 5�� Fridley, Mn 55432 SP #77-06, to allow double bungalow ` in R-1 zor!i�ag � . Dear Mr. Nall , �'� 1] 197Z , the Fri dl ey Ci ty Counci 1 officially �v��r��,rdenied Xgur request for a Special Use Permit �rith the st�pu ations listed be�iow. Please review the noted stipula�ions, sign the statement b�low, and return one copy to the City of Fridley. ' If you have any questions r•egarding the above action, pl�ase call ; th� �ommunity G;::velopment Urfice at 571-345Q. � $2nc1'r ly, . ' � / . D L. QUARD� N � ITY PLl1NNER JLBj de � StiPuiatio�s: �^ . , Note: We will be refunding the $50 variance fee you paid tde assume that you will not want t� go ah�ad with the variance when the Special Use Permit was denieda Concur wi�s� act�on taken.