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SP75-27�. • , �� • CITY OF FRIDLEY� SU�JECT ,�'� 643'1 UNIVERSITY AVE. NE. SPECIAL USE PERMIT '�/L FRIDLEY, MN. 6543H [6927,57'1-3450 . SP # <U '�•'�'� / ADDRESS �� %J- �-�?�G�' ��i DATE PLANNING COt�1t1ISSI0N: P.H. DATE � /3�7� APPROVED ��`"a D��AP ROVED ` DATE -3/7 NO CITY COUNCIL: P.H. REQ'D �� DATE - NO �q--� CITY COUNCIL: APPROVED � DISAPPROVED DATE y:�1 �� NO�� STIPULATIONS: � , NAME FEE � RECEIPT NO STREET LOCATION OF PROPERTY : LEGAL DESCRIPTION OF PROPERTY �a ,C��=��3 � r�� PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY � ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE A�1D IMPROVEMENT x�s� Cv G�=c�� X 3 �- . Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? �_yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed 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 are true and correct. DATE SIGNATURE APPLICANT _ �` ADDRESS TELEPNONE NO ` tF FF Special Use Permit, SP #75-27 Mrs. Margaret Meirell to allow the construction of a second accessory building, a 28' x 32' detached garage E K�s'I I NG s� /z.x >o STaeao-E y� Lots 9, ��, B1 ock 3 � Plymouth Addition � 2&� - � �� p�o Po S� o G��eac� i � , _ � .��' �`� � F X�s�°in/� � � _ a � Nd�sc � � � �� , n � ,c ��. 1 � � � .3a LLt � q F �� 4832 2 1/2 Street N.E. CITY OI� }'RIDLEY MINNI:S(�TA �3 j PLANNING AIVD ZONING FORM ' NUMB}:R, � � �� ( TYPE OF R�QUCST /y � APPLICAN`l''S SIGNATURE �/ C G�2� Rezoning , � Address �� .1�- ,� ��- ��.f'l.r.%� _ �_ Special Use Permi.t ; Telephone Number J� COU— �� 7��— �� lo �r �S �/ Approval of Premin- � inary $ Pinal Plat r ". ', � PROPI:RTY O�VNER'S SIGNATURG '�' � Streets or Alley ; Vacatio»s ,,, , ✓ /� Address __ �' f � Other Telepllone Number � � Fee.�?5 �"� Receipt No.��_. Street Location of Pro�erty � f% � � `3 � Q , ,, O / Legal Description of Property-_-�� %� /�% / t-� ' "' ' �� C�-`� � i ,/ � / I Present Zoni�ig Ciassification ��'? / Existing Use of Property /`v��-��^�� Acreage of Property Describe briefly the proposed zoning classificatiofl i or type of use �and improvement proposed �i'��f�� -- ��-�� t-�-��-�-� � -�- _ '✓ � ; ' I��.?�.t!�C t r <� �-tY/x 3:-/ ��=C-�u-•� � — ✓ ,�,-/��;, x l� �, c�_;, �', � Has the present applicant previously sought to rezone, plat, obtain a lot split or ; variance or special use permit on the subject site or part of it? yes noo � What was requested and when? • I - I The undersigned understands that: (a) a list of all residents and owners of property ; witllin 300 feet (350 feet for rezoning) must be attached to this application. j (b) This application must be signed by all owners of the property, or an explanation j given why this is not the case. (c) Respansibility for a.ny defect in the proceedings resul.ti.ng from the failure to list the names and addresses of all residents and • � property owners of property in question, belongs to the und.ersigned. A sketch of proposed proper.ty and structure must be drawn and attac:hed., showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensio�ls of property, proposed structure, and front and side setbacks. 4. Street Names. 5. Location and use of adjacent existing Uuildings (witnin 30U feet) . The undersigned hereby declares that all the facts and representations stated in this application are true ancl correct. DAT� ��:��%� SIGN�ITURE � �� =� � (A PLIC rl') Rate Filed Date of Hearing ::�-�� `% �� Plannin� Commission Approved City Council tlpproved � (dates) Deniecl (dates) Denied • ' �,.,,� - �2 OFFICIAL NOTICE CITY �OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION � TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Ha11 at 6431 University Avenue Northeast on Wednesday, December 3, 1975 at 7:30 P.M. in the Council Chamber° for the purpose of: A request for a Special Use Permit, SP #75-27, by Margaret Merrell , per Fridley City Code, Section 205.051 , 2, A, to allow the construction of a second accessory building, a 28 ft. by 32 ft. garage, on Lots 9 and 10, Block 3, Plymouth Addition, all .lying in the South Half of Section 26, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 4832 2 1/2 Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS . CHAIRMAN PLANNING COMMISSION � Publish: November 19, 1975 November 26, 1975 . �� Planning Commission November 18, }975 MAILING LIST Special Use Permit SP �75-27 MARGARET MERRELL Mrs. Margaret Merrell Gladys S. Wicker 4832 2 1/2 Street N.E. 4839 2, y.,Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Mr. & Mrs. Kermit Olson Mr. & Mrs. Vernon Jackson 4808 2 1/2 Street N.E. 4851 2 1/2 Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Mr. & Mrs. Robert Vlieger Mr. & Mrs. Bruce Roberts 4827 2 1/2 Street N.E. 4856 2 1/2 Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Mr. & Mrs. Chester Peterson Mr. & Mrs. Randall Knoll 4815 2 1/2 Street N.E. 4868 2 1/2 Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Mr. & Mrs. Richard Knode Mr. & Mrs. Theodore Kelly 4863 2 1/2 Street N.E. 4815 2nd Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Mr. & Mrs. Stanley Mr. & Mrs. C. L. Edstrom Partyka 482A 2 1/2 Street N.E. 4851 2nd Street N.E. Fridley, Mn 55421 Fridley, Mn 55421 Adlore Braaten 4871 �nd Street N.E. Fridley, Mn 554�1 Mr. & Mrs. Charles Holman 4861 2nd Street N.E. Fridley, Mn �5421 Mr. & Mrs. Michael Tuzinski 4803 2nd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Neil Robinette 4839 2nd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Chong Kim 4827 2nd Street N. E. Fridley, Mn 55421 Mr. & Mrs. Francis Scherber 4803 2 1/2 Street N.E. Fridley, Mn 55421 Mary J. Beyer 4844 2 1/2 Street N.E. Fridley, Mn 55421 � � C Uh'N�fi . _ , , �. �"v ', �.�'r '` ,� SP #75-27 MARGARET MERRELL � ` t( 49�'��: _._ _ _ _— —-___�AV�-. -- ;+ � . --� ---__ ___ Z _----- -- __ ,Z 28 x 32 gara e - y " � ! � i:6Y� . �3 iJ R ,!o� �4'� :� .�ia ��/f. � jj � �a / 6c ^ o,�, 60 � 30 / �i 6o y� '> i ; JI �t � , ''-- (�^, � �� .---�($ �$'� — �,�a -� o- ,__ ___.�. . � 4' . , a : �� 1 a '> N - w t N� ;� ,,J , , �t �' �9� �, P ;� �� I 2a -- ---- � v �� -- � - no�" 3 �'`.]��B' --�? `�' :d � � 'i ; �g�� V �,�a-- __ �•�� ? -�� ^, ¢ �, - � - • ,-b(t��--- - ---�/��— ------ -- --�-. . . � . . . . . �� . s ��<�� 4?-- �Yf� ..n � .._ < }��iFG _..._` ,__,�� 4. � . . . ��___ ..--��j� s . - ' ' s , . ___ � � :��zf ,�{ . , �� . ri . ,�� ,�i � � --- -'-_ `�' s � — � - , - —� - �' :�� '; ` �Z y_ � �� a�; ° -�� M� .-� �� _ �� , — - _> >s �°�_ � _i � f' :1� s ,. �{„ : : ,�, .- r'�t'' � Js y�� 3 8 � � �± " -- ,� � � — � 1z�- � --g��' ��,��I , `` � ��i 9�.�_ _�g�,q ..9 ,. �; � _._ - - -.- __ y�g� �., z, y�� ,, s�3� , . ,�� ' �. _�{ . _ . . ��-- .,�r� ��`J - �2� - , -�_J � --=-� f : zo . ° " --- � .� t Y7� 1� i, � �. � :o i ' __ _--- �,f� yU -- y 1i < /.o = , /Z : . �: /9 �= 6`��= � �y� �:' � ir' � i2 , � , -- .---- _ ---- �� ,S -_ - � : '� . . iB : _/3 : �q+,�9� : �T�1 &�� ;.a ;� .6'��l �3 " ' � _ _ ---- -_- r, _-- 0 -�---_-��. —- ` C �a� � - ------- :- • i� . i� ;� : �,a r:V� . ,r„ � � _ i;� � is � .x- --- -- -pt��c� -"�'� •"C�� t y,� �j�j ; . . 3 ., � �- ; , �/.�P.?�� \t t /Ip>6 v Y;-t:q6 4 d '.'J��.Oe }�tY ^� ! i:•' rR ,¢'l�J . lo �-/3P. 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' , .' � {.�av�� c ��1-__ ,�7•��.- -. x �_.. � `��.+_'. , _ � f ----- , --- ��--! � �' � <a ��` ��'z, 's;�,��'�°� -- �� °'� --g--?--' '\ _._______ , , . : , : : , . - , �?�.��` --,��ti-- y��;�3 , .. � ��'= �-�`z�-� --�i� �-�� -----'-- - '. � � ;: �: � � j S � � � . zl �;., �r I. ,a ,zl !o��/:� a ��7(})�lj t�� y / -- �.�'..e"..""J' � `�•�-- ---'.�5�_i �/7SD) -. '-- "" ' . , . , : ; : � "JYO 'f J: .Y . : IO � � �/ ° • .Z� . ��. ,% : '.�fe'fC . //�:J �r% . _�. _ _. _ ____ -�*� .,.��_y��2a H�r�- ��-- �{b��p— ....... _ . �. ; �7 !' '° �� "� ;9 1� /�, /.:.w.+<� --- `+�,��"� ,�'�0�� --� -��..�� ,.� _�y�?i �_-.- ----�ryr; � ��, .y � "`�` . ,h- ,� i 7 :.r_� �� 'p ;s _ __-`-.��-� ""� ,� �.� a -- �,� _ _.��'� . � . .�� a_ _�. , _ _r.. ro �� .�{3. ' . i' • � ; .� ' • i4 i,^ ,� l9 � �, � �- �p��.� . �, � . � _j�.�p�-' �;b4,� TN��;p- --��me� __ _,--, ;i.��,�, � t , �` 3..�.�:.vr..�,�..�F -"e v � :+a:�F � L'� r, r�� :.r.:.._..��.�.� � ...._._:.'..,..�� "'� ,��i --._�i�.�Os�! �'; • '� , " w , o %•" � p ,,, ,ve9-:r. � ----._ �,` � y '. C'r,.:.._ . �`:'��. _._.__ _..-f`8'd��•:t _4..._.,__ ..� ------_�_. .�._�_ ?_ ... .ir,. 4�11 �v �� i � �� ` _. -- . � - .-- .� - �'�� . ; i.1 �� io a �^�- � f i b y ... � ��•ty,3•��....�.''`....�... i `_.�`i � w�'I�. -�^��y 'ci ° ��_�~sr�"��%�. ��1, . �.,Y��arl+. c1 . /r � D_ .n., � . �e . . � . j . i ! ` AGREE;:LNT_ ' t ' € ' i ?. � � � , , owner of the property located r � s at ��,�(� /U� p"t /a S� j . have no objection to the City al�owing . � i � the construction of a- � ,,,��• ��x_3.� to be located at 'y�.j � /(,�C:� ? _ � /� 5 i witho;:t the �equired cPrt-..if�.cate of s�:rvey that the ' ; City ordinarily requires for all new censtruction. I _ _.. .__ _ __ ------ ---- _ _ ._ . __ ; ' 1 . ; . o . �J.��'�'" � � Signatur ' � f �/0 �U ✓�.� C �J•� S( . � Address I /�- �� - �s . i Date � r^ \ ', , I Witness ;� .� ,_ . CITY OF FRIDLEY PETITIUN COVER SHEET Petirion No. 21-1975 Date Received December 15, 1975 abjecc Petition does not object to a garage that is planned by by Margaret and L1oyd Merrell , 4832 Northeast 22 Street. Petition Checked By Date , Percent Signing Referred to City Council Disposition y . \ - , a � - I THE UNI7LR.SIGNED, AM A?°1A..RE THAT rIARGAF�T & LLOYD MER�ELL PLAN TO BTJIL�J A GARAGE 28 FuET D�P & 32 FEFT E'TZIJ�: 17 FEET BACK FROM THEIR HOUSE & 4� �'E��'T �'ROM TI-.�r, LO`r LII�?E OnI TF� SOUTH S IDE OF THE:�HO;�. I HA�7E NO OBJECTIOr1 TO T�-IE P�OPOS�D BUILDIrIG OF SUCH A G.4RAGE. rTA,�E ADDRESS , �� G�G�� .��"--�/l.� � � � �� G� T 6 �r- /— c�- �,� �--- ��;�.,� ��. - . _ :.�/ ��= - - y� ,�' � � ti �� <�'�� i ��7 �" S Jf J1� ; ��.�.v'✓�C�- �A 'LG� u _,,, �' � � � � �'� � Z �Z .S� � ��`G ,� � .,�!'�' � _ _ ,;? ��/� ->i _ i�`��. �"/U\ ,�-�'v'LJ . �'��"'�� `'%�='�'� ; , �i, C � t-. �?� � �7�,� . � �..� ��"-'� ��3 � � `��"[-�� j�� ,;,� �� 1� �� _ , V/� ' ��.-�.� •' , � . ir�, � �,:uG7� ;t�� ,L 7` , ,/' ` , / � � �� /��u � �"-,.-_` �--�G�'�'� ,"�..�/`� ��%�/::f ��7�,• 1�. " � � , �� 'l" 'u�� - • '��` � "�'":�-�' � .� ,-: �` � / ,� =� �<�-s�� t��,., �`��,r,�i� �� :} �-'�:`''�`"_. �j� -.( ;l, �, e ,.�– -� t� , ;� � , -' ,1 t� '� ' _ _.,. , Y � ��:,� ; , ` ,�, '�i � ,� 1 ":.A 1 , t ''L��`�-.�"'.,U��, 1 �.�s�1�'..C'� `y' � t�;J ` � �`,"1� `� � `'�� .. �� ✓ "��y�/l n,� / /, !n � .� .�'/�� ` pC.�t�/ � %�' f� � , rj�?'�"�'/��/✓ C.�'�-�''�i'._'�-� �_. :,� Y ,_1 i rC r�t .,z � � �,� �-,��,� Y�a� � — r=� �,-� � . � � -� �� , � � �:�,' ,'�; t ;/t�r �- �, Jf�-r�.�_;.�_,,,_L__. , ( �i�i .� � � �v b T ..:, �, /�.�"L. � /� � ��,;�' ,,-=- C` / �� / '" � � � �G.lf?/..�C.�C'.� ��` �%r- „ `�i' J`�� <-�!,,.. �j'c� % ` _ � �—�'�^�✓ ,� �r,; ,� , �- ; ,� ,;' �1 / ,y/ � ' , ' r ' `,' /� �� T /"/ � j . ( � � l � � ' � �-_ . J 1 �. ,� �;�- V-' L ��` -�� / ,lt�i, :� .-„ � 1��- . �J,` v�.L,C_. t , .. f 'r5 (�.;, � . _ +��.-r'=,_,-�Y � . . t,.�v'(�.1i'-� � i � �'' `�7 . �.. � � �� , /� .__[� C1 ir .'C��-- �� ' ' � }---- � /�%�[�� r_ � �,4, ��:��.. .�.--�'-%'�. ! .1 • - ,�:... �-YI .r"`..��'. . 7� ` � % � / t/' � f � ; ;� , ,:; f�,�-;._� _ � � � �,l �. � � li✓✓LC7!J ��_ ��v,.� .rC�'"- , _ ,, ,, �� ;� —�J c__ ��,,� ��-�� ,,_ / �-�t� . �,�'`fC ( / l (ONicial Publfcallon) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: NMice is hereby given that there will be a Public Hearing of the Plan- nin�Commisaion of the City af Frid- ley m the City Hall at 6431 University Avenue Northeast on Wednesday, December 3,1975 at 7:30 p.m.in the Council Chamber for the purpose of: A request for a Special Use Permit,SP�7527,by Margaret . Merrell, per Fridiey City Code, Section 205.051,2,A,to a116w the rnnstruction of a second acces sory building, a 28 ft. by 32 ft. garage,on Lots 9 and 10,Block 3, Plymouth Addition, all lying in the South Half of 9ecdon 26,T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 4832 2�/� Street NE. Any and all persons desiring to be heard shall6e given an opportuniry at the above stated time and place. RICHARD H.HARRIS Chalrman Planning Commission (Nov.19&28,19751—S88 Planning Commission Meeting - December 3, 1975 Page 4 STIPULATIONS: 1 . Complete landscaping as pe� office copy dated 12/2/75. 2. Submit letter to the City stating that pro erty will not be sold ; without joint parking a�reement with 7760 Elm Street N.E. ', Mr. Drigans said the variances the Board of ppeals had recomme�ded f�r approval was to reduce the rear yard setback from 25 feet to 7 1/2 feet � and the side yard setback from 20 feet to 0 fee for 7760 Elm Street N.E. The reason we allowed the rear yard setback wa because the alley had been vacated. The zero feet was in concert with w t has been allowed in this area when there has been an adjoining buildin that could be built, wall to wall . The stipulation was that an agreement from the adjacent property o4vner on the zero side yard setback be 'acquired a d 'a copy� submitted, to the City. ,, Mr. Dr:gans said that the variance on 779U Elm Str�et N.E. was to I reduce the rear yard setback from 25 feet to 7 1/2 feet and reduce the side yard setback on a corner lot from 35 fee to 28 feet. He said the reason ' for the 28 feet was to keep this buildin in line with a building across the I street. . � � Mr. Boardman said the City had no received that agreement as yet. Mr. Dr.i ans said that with these t�No buildin s, this area is close to , 9 g being completely developed. i Mr. Boardman said that these tw buildings would have a joint parking lot i and we need a letter s�ating' that t pra�erty would not be 'sold without a � joint parking agreement between 77b �nd 7790 Elm Street N.E. Mr. �aschke , asked �ir. Boardman to prepare the cessary agreements and he would come in i and sign them. �` I Mr. Harris said that if he v ted on these proposals there would be �'� conflict of interest, so that was why he was abstaining. � MOTION by Scott, seconded b Drigans, that the Planning Commission concur '. i, with th� administrative staff r ports and the reccmmendation from the Appeals Commission for 7760 and 7790 E1 Street N.E. by Paco Masonry, Inc. Mr. Bergman said he was c ncerned about the percentage of land area used i for the building and parking 1 ts . Ne wondered if this left much green area . � Mr. Drigans said t'rre code al1 ws 40% coverage by the buildinq, and if these j buildings didn' t mQet that re uirement they vrould have had to get a variance ; on this, sa these proposed b ildings do meet the lot coverage requirements of tre i . code. Upon a voice vote, Scot�, Bergman, Peterson, Driqans, Langenfeld voting aye, I Harris abstaininq, L-he motion carried. �,��::.,,.. 1 . PUQLIG FIEAP.ING: RE UEST FOR A SPECIAL USE PERMI7,. S�'�#75-27; 6Y MARGARET � _ — —_��`._ _ -- ; MERRELL: To al low a second accessory build�ing, a 2��. x'��.�= detached garage, ! on Lots 9 and l0, alock �, �'lyi7outh Addition, per Fridley City Cade, Section � 205.051 , (2,A) , the same being 4832 2 1/2 Street N.E. I : Plann�ng Commission Meeting - December 3, 1975 Page 3 being pravicied by a joint patsking lat �a be shared by I7�0 Elrn Stree�. ' ' This parking lo+; meets tt�e r�equir�ments for t�otf� st;r�ucturess according to the zurinc� code< ENGINEERIN6: 1'he drainage or� the p�roperi:y wi17 be toward Flm Str�eet. 7here is na ant�ci�ated errgincering �roblems� ENVIRONMENT: � No ar�t i ci patcd tEa�rr�fu� Pnvi r�onmcntal effeci;s. Bui 1 di ng shoul d be benefici�7 to �ota1 impt-ovemer�t a� i:he Onavray area. STIPJLATIONS: lo Com{�l�te 7�rrdscapir�q as per afi�ic� capy dated 12/?/75. 2. Wri ;,t�n agrcement to bE sut�r,itte� t� the City by the adjacent property ow�ner showir�g approvul af' the zer•o-,1ot line set.F�ack for building. 3. Submi t 1 e�te� to the Ci t:y si;ati r�g th�at. property �vi 11 not be sold witho�t join� parking agreement with 7790 Elni Street N.E. AD�IINISTRATIVE STAFF f�EPGRT 7790 Elm Street (�.E, - by Paco Masonry, Inc. DESCRIPTICN: 7his permit is foi� the c�nstruc�ion of a 9�:5' by 51 ' , 5,074 square foot speculative building locateci at 7790 �:lm Street N.E. The property is zoned M-2 (�eavy industrial al�eas). The building will be constructed of a combination of co�crete block and brick to match much of the new construction that �s beiny develape� in tr�e area. The praposed structure presently conforrr�s to the zonir�c; code, except, for the rear yard setback and ti�E sideyarcl s��a�k. ThesP exceptioris f�ave been recorr�7�ended for• approval by the A�p�uls Com,�T;ss�:,;�j.. The parking for this structure is beirrg provid�c� t�y � joirt� parE;ii�c� i�t to be sh«red by 7760 Elm Street. This parking lo� , me�ts the requirEments for uoth struc4ures according to tl�e zoning cc�cie. ENGINEERING: The drainag� on the property wil� be towar� Elm Street and 78th Avenu� N.E. There i s n� anti ci pai-ed ergi neeri ng probl err�s. ENVIRQPdP��t.�JT: Na a,,t��pated i��armfu1 er�rir•�nm�nt.�� effects. Quilding should be • a �b?nefi t to tata:l-improvemen� of �;he Una�4�ay� area. _ _ �'� . _ Planning Commission Meeting - Dec�mber 3, 1975 Page 5 MOTION by Scott, seconded by Peterson, that the P�anninq Commission open the Puhlic Hearing on the request for a Special Use Permit, SP #75-27, by Margaret Merrell. (Ipon a voice vate, a11 votinq aye, Chairman Harris decla.red the Public Flearing open a� 8:03 P.M. Mr. & Mrs Lloyd Merrell were present. Mr. 6oardman saia this lot was 80 feet by 130 feet and was located at � 4832 2 1/2 Street h.E. He said the existing house was 24' x 32' and an existing storage shed 12' x 20' . He said that this request was to allow the �onstruction of a 32' x 28' detached garage. He said that it was his understanding that this garage would be used to store a truck. He said that Mr. Merrell was in the sidin� business and when his truck was stored outside, this siding did get bent by the children in the neighborhood. Nr. 6oardman said that if there �r�ere no complaints from the neighbors on the construction of this second accessory building, the staff saw no problem with the request. He said the City did not have a verified survey of this lot. He said the setback requirement for a detached garag2 tivas 3' and without. a surveys we rpquest that they stay 1 1/2 times the dis�� ance from the property line. They will meet this requirement by constructing tl��s garage 4 1/2 feet from the property line. t,1r. Peterson asked if all the neighbors nad been notified of this request? Mr. Boa�dman said that everyone in Block 3 and the we�t side of Block 2 had been notified of this request. There were no neighb�rs at this meeting. h1r. Merrell said he proposed to have two 9 foot doors on this garage. He said he was seif employed and he sometimes has material on his truck for the i;ext job. He said the planks weti�e 24' long and this ,ti�as ti�e reason he neec�ed such a large garage. Mr. Harris asked him iT there �rould be any u��lities �in th�s gar�ge. Mr. Merrell said just electricity. Mr. Drigars said he had some reservations ab�ut the size of the garage. He said the garaqe would be 896 square feet, and the house was only 768 square fee�. He said the residential garage would be larger than the resi�+ential house. He wondere� if this was in keeping with the neighborhood. � Mr. Langenfeld asked if this garage would be used primarily for h�s truck and storage -For his business? Mr. Merrell said it would be used to park his truck. He said that when he finished one job and was ready to go to another job, he did stop at the warehouse to load his truck. He said that this material would he stored on his truck for not more than two days. He intended to pa�^k two cars in this garage also. ��1r. Langenfeld said then there wouldn 't be any siuing stored on this property for re-sale. Mr. Merrell said he was a sub-contractor and did not sell the jobs. P�r. Narris asked Mr. Merrell what was the purpose of the stor�ge shed. Mr. Merrell said they use� it fo!^ the storage of the lawn mower, tlie snown�obiles, _ and some m�t�rial he left over from si�+ing jobs. M►�s. Merrell prescr,ted an agreement signed by Georgia Kramer af 4820 2 1/2 Str,eet, the n�iglibor closest to this proposed censtruction, which stated that she had no objection to the construction of a 28' x "s2' garage on this property withou�: the required cErtificate of survey ti�at the City ordinarily requires for all new construction. ,�,� .. Planning Commission Meeting - December 3, 1975 Page 6 I I MOTION by Drigans, seconded by Peterson, t_hat the PZanning Commission � � receive the ayreement signed by Georgia Kramer of 5820 2 1/2 Street N.E. and witnessed by Clayton L. Edstrom, Jr. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Drigans asked Mr. Merrell if he had discussed this proposal with the Robinette's and the Kim residence? Mr. P�errell said he had discussed this with the Robinette's and they had no object�on. He said the Kim' s were from Korea and only one of them spoke English, and then not too well . He said he � explained what he wanted to do, but he didn' t know if they understood it or not. Mr. Drigans said he was concerned that the garage would be used for the storage of material , and the truck would still be sitting outside. Mr. Bergman aaid he was concerned about the ratio of the house and garage. He was concerned about what ex�ent this garage would be from the residential nature of this area. He said that this leaned towards a commercial use on this property. Mr. Bergman asked if there was anything in the City Code regulating the size of an accessory building to the primary building on a lot? Mr. Boardman said the only requirement was that any secor�d accessory building over 240 square � fooi required a Special Use Permit. Ne said that it this wasn 't the second accessory building, there would be nothing in the code to prohibit' �he canstruc��on of this garage after a building permit had been obtained. Mr. Drigans asked what would happen if he attached this garage to the storage shed? Mr. Boardman said then he could construct the garage without a Special Use Permit also, because it wo�ld �e all one accessory building, or if he wanted to tear down the shed, he wouldn' t need a Special Use Permit for this garage either. Mr. Scott asked if we had no cont•rol of the size of structures on residential � lots? Mr. Boardman said that the Code requirement was that only 25% lot coverage was allowed, but the house, storage shed, and proposed garage were still under that 25% requirement. Mr. Peterson wondered if it was within the jurisdiction of the Planning Commission to question the size of a building in relation to a primary structure. He said they could recommend approval or denial of the Special Use Permit, but to debate that recommendation based on the size of a man' s house he felt was out of the jurisdiction of the Pianniny Commission. Mr. Drigans said he would concur with that, and let the City Council deal with that aspect of this proposal . �1r. Scott said this was a question ti�at should be addressed by the Community Development Commission, as to whether there should be some controls en the size of accessory buildings, or, if this would infringe on individual freedom. Mr. Harris asked if this garage would be ��gher than the ho�se? Mr. Merrell said it wouldn' t be. He said he had about $5,000 worth of equipment on his truck and he was anxious to store it insid? a structure. Mr. Harris asked if he could attach this garage to the house? Mr, Merrell said he didn' t want to do this because he couldn' t get into the back yard with his boat and camper then. , �� He said that where he propos�d to locate tnis garage, he would have 17 feet ��.4�.. Planning Commission Meetinc� - December 3, 1975 Paqe 7 . ° between the corner of �he house and the corner of the garage for this purpose. Mr. Sergman said that from the Community Development standpoint he was disturbed 6y a trend towards the square footage of what could be a commercial use being larger than the primary use, which was res�idential . He said he felt this was in conflict with the residential atmosphere. H� said this Special Use Permit request ►Nas based on hardsfiip, and he would like to� knoN� what this har�ship was based upon. Mr. Merrell said he did not operate out of his house. He said the only , material he would have on the premises was what he had on his truck for iche r�ext job. Mr. Bergman said the alternative to this tNouid be to rent a garage in a commercial area to park this truck. Mr. i'�lerrell said he would have to buy anather car to drive back and forth to this truck. Mr. Langenfeld said that besides the size of the garage, and the commercial flavor that has been part of this discussion , what was there to �stop any other tradesman from putting a' t'r!.a�k in. their garage. He was sure there were electriciar�s and plumbers who had materials on their� i-�ucks. He said he felt that the request for a Specia1 Use Permit for a second acc�ssory building was for use as a garage and not for the storage of materials, except tre materials that ►�ere on the , truck. He thought there could be a stipulation that the only storage of material was on the truck and not in the garage. Mr. Harris asked how you would enforce tha�:? Would you have someone run down there every day to see if the material was on the truck or piled in the garage? Mr. Harris said that after Mr. Merrell parked tl�e truck and two cars in this garage, he ��ould still have four feet on each end. He didn't thir�k this garage had to b� as large as they were requesting. Mr. Merrell a.sked if any garage was ever too large? Mr. Drigans said he had to go back to Mr. Peterson 's statemer�t and agree that �here �Nas nothing in the code that said you couldn't build an � accessory building larger than the primary building. MOTION by Drigans, seconded by Petersoi�, that tlle Planr.i��g Commission close the Public Hearing on a request for a 5pecial Use Permit, SP #75-27, b� Margaret Merrell. Upon a voice vote, a11 voting aye, Chairman Harris declared tne Public Aearing closed at 8:29 P.M. t�lr. Harris sa�id as far as he could recollect, there weren't any commercial enterprises in this particular area. �1ost of this com;nercial development was on Main Street. Mr. Scott said he would iike to abstain from voting on this req�est because �f a personal conflict he had in protecting the rights of a property owner which may be in conflict, with harmony ofi the �:o�nmunity and our zoning ordinances , and he didn't thin�c there was suff-icient information in this area, to make a judgemeni: on it. Mr. �etersor� said he respected f�ir. Scot�:'s viewpoints, but on the other hand it would seem to him that we have taken steps to protect the adjoining property owner' s by sending thern a notice of this Public l�2aring. TherQ was no one here to prote�t this rec?uest, and tihe 'neighbor 'cl'osest to the proposed garage has signed an agreement that they have no objection to this rec�uest. Mr. Scott said he ag►�eed with th�t, but his conflict was that we might bE' setting a precedence. — �� .. - - - - - planning Commission Meeting - �Jecember 3, 1975 Page 8 � Mr. Pet�rson said that in our discussion we have determined that this " - proposed garage w�s not in conflict with any of our codes. We have all agreed ; that if this was a smaller building, we wouldn 't have even questioned it. MOTION by Peterson, seconded by Langenfeld, that the Planninq Commission � recommend to Council approval of a request for a Special Use Permit, SP #75-27, � by Margaret hlerrelZ, to a11ow a second accessory building, a 28' x 32' detached i garage, on Lots 9 and 10, Block 3, Plymouth Addition, per FridZey City Code- i Section 205.051, (2,A) , the same heing 4832 2 1/2 Street N.E. -- � �� , � � I Mr. Bergr�an said he felt this garage was in violation of the code because '' our code says that a second accessory building should only be 240 square feet, , and this was 896 square feet. Mr. Peterson said that if he correctly read the ' code, it was because there was a secondary building on this lot that was 240 square feet was the reason a Special Use Permit was needed for the garage, not ' because �Lhe oroposed garage vras in violation of any code. Mr. Boardman said this was correct. Mr. 8oardman said the reason a Special Use Permit was set up for second accessory buildings over 240 square feet was so they would have a handle on it if ther�e were any special problems 4viti-i this second accessory building. Mr. Harris said he thouc�.ht the size of the. structure was not in keeping with the residential atmosphere of the neighborhood. He didn't think the � �petitioner had to have this 1arge a garage, Und that was why he was not_ in. favor � this request. He said he would have voted in fa.vor of the request if the garage wasn't so large. He said he could sympathize with the petitioner wanting to get an expensive piece of marhinc=ry in out of the weather and to protect his invest- ment. Mr. Bergman said he agreed with Mr. uarris . Mr. Merrell said there ayas a 24' x 32' garage at 4839 2 1/2 Street N.E. which was only 4' smaller than tr�e garage he was proposing to build and he thought this garage would upgrade the area and not downgrade the neighborhood. Mr. Harris asked if this neighhor only ha� tl�e one accessory building? Mr. Merrell said he did. Mr. Harris said what you were asking for was 1 ;136 square feet of accessory buildings on your lot. He already had 240 square feet and the proposed garage was 896 square feet. Mr. Scott said he thouyht Mr. Merrell should be commended for trying to get this truck off of the street. Mr. Langenfeld asked if the storage shed was anchored. Mr. Merrell said it was and he had also just put new aluminum siding on it. P1r. Langenfeld said this storage shed would not then be easily rem�ved. UPON A VOICE VOTT', L�riga.ns and Peter.son voting aye, Bergman and Harris voting nay, and Scott and LangenfeZd abstaining, the MOTION FAILED. MOTION by Drigans, seconded by Scott, that the Planning Commission send the request for a Special Use Permit; SP #75-27, by Margare� Merrell, to a11ow a second accessory building, a 28' x 3?` detached gar.age, on Lots 9 and 10, Block 3, Plymouth Addition, ner Fridley City Code, Section 205.051, (2,A) , the same being 4832 2 1/2 Street N.E. , on to Council c✓itlaout a recommendation. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. Chairman Harr�is excusecl h1r. Drigans from the meeting at 8:45 because �� Planning Commission Meeting - December ?, 1975 Page 9 he had to return to work. Mr. Merrell asked if this proposed garage hadn't been the second accessory building, would he n�ed a Special Use Permit? Mr. Boardman said no, he wouldn 't. Mr. Merrell said he had a friend on 46th Avenue who had a garage and had gotten a permit from the City to have a storage shed with�ut going through the Special Use Permit process. P1r. Harris said that if h1r. Merrell already had a garage, then he could have the storage shed, but because he already had the stor�ge shed, the ga�age had to be considered as the second=accessory building. Mr. Merrell Te7t he would be better to move the storage sfied off his property unti 1 he had i:he garage b�ai 1 t and trien come in and get a special use permi t for his storage shed. He �aid it sounded iiFe it would b� easier to get a spFcial use permit for the storage shed thar� the r�arage� Mr. Harris said he should argue this out with the City Council b��ause they had the final sa� on this request. Mr. Merre1l said he wouid rat�er 'r,ave haa a recommenclation for approval by the Planning Commissicn than no recommendatian. htr. Harris said P�e was close to having a recommenclation for denial ; so he should be happy that it went the way it �+id. Mr. Langenfeld sa�d the reason he abstained was because while he was in favor of the Special Use request beiny approved for a garage, the size of the garage kept him from vo�ing for ap�roval . Mr. Scott said he d�idn ' t want Mr. Merrell to leave this meeting f�eling that the Planning Commission didn 't have concern for his rights as a ;�roperty owner, as it was just the size or this garage which made them havP reservations in considering this request. Ne said that if there hadn' t been this concern, they would have vo�ed �or denial , instead of leaving the decisian up �`o the City Council . MOTION by Scott, seconded hv Bergman, that the ru?e.s be suspended for the pur�iose of making a motion to direct t_he Coramunity Developmert Comm.ission ta address itself to this type of problem and then make a recommerldation to the Flanning Commission on how to ha;ldle sucn problems. Mr. E�oardmar. s�id this coul� bn handl�d whEn the Cammunity Development Commission reviev�ed the zoning code. Mr. Narris felt that this w�uld be too f�r into the future, and tney co;�ld just r�view this aspect of it at this time. UP�N A VOICE VOTF., all voting ��e, t1�e motio:� carr_ied 121�d1117lIOi1S_7t�, 2. PUQCIC HEARING: REZONING REQiJEST, 7_OA #75-0 , BY UNION OIL C0��1PANY: To rezone par�t o� �ot l , Audi�;or' s Subdiv�sion ac. 25, from C-1S (local shopping areas) to C-2 {generai shopping areas) to ake zoning consistent with use as a service sta�;ion, the sai�e heing 5695 H {:mann Avenue N.E. 3. PUBLIC HEARTNG: RCQUEST F0�? N Sf'ECIP,L SE PERMIT, SP _#7a-28, BY UNION �IL COMPANY: To �ei�mit the cortin;�ation o ar. existing se��vire station, per Fr�dlny City ��e, Sect;ion 2�5.051 , (3,E} , oi� part of Lot � , A�ditor's Subdiv�ision No. 25, the same t�eing 695 Hackmann Aven�E tv.E. `��'7 Planning Commission Meetin�_December 3, 1975 Page 10 MOTION by Pete.rson, seconded by Scott, that the Planning Commission open the Public Hearings on a rezoning request, ZOA #75-06, and a request for a SpeciaZ Use Permit, SP #75-28, by Union Oi1 Companc . Upon a voice vote, a11 voting aye, Chairman Harris declared the Public H _rinqs open at 9:03 P.M. Mr. Glenn Hubbard, representing Union Oil C mpany, Mr. & Mrs. Lewis Hedlund, who own the property just West of this proposal , and Mr. Glenn Nelson of 5747 Central Avenue N.E. were present at th meeting. i Mr. Boardman said that Union Oil Company,�first asked for rezoning and I a Special Use Permit back in 1972, in order o bring their property into ' compliance with the City Code. At that tim , we were having a revitilization � of the intersection of Hackmanr� Avenue, Cen �al Avenue, and Highwa,y #65, �nd �I the plans had not been finalized. The rez ning wasn' t denied, but Union Oil was a�ked t� wait until the road plan had een established. No�v, vre do have approval for the preliminary plans for th 's intersection, as shown in the agen�a. The final plans are now being drawn up by t;he State Highway Department. Therefare, � Union 0�1 C�mpany has again submitted th _�ir request for rezoning and a Speci�l Use Permit. Mr. Roardman said the present zoni g was C-1S (local shopping �reas) and the request was to change this to C-2 oning (general business areas), �ahich would make the use of the prop�rty fo a servic.e station consist�nt witi� our zoning code. Our presen�t code requir s a service station to be �n C-2 zoning •wi�;h a Special Use Permit. A servic� station was not an allowed use in C-1S � zoning. � , , Mr. Boardman said the staff fe t they would go alor�g with the r:�zoning request and appro�,�al of the Special�Use Permit. We do need some additional i lations easements for Hackmann Avenue. He said that this should be one of the st pu of the rezoning: Nfr. Harris asked;'how much of an easement was needed? Mr. Boardman said the plans were in th� process of being drawn up, but he believed they needed a 10' easement on the ;South side of the property on Haci:mann Avenue. Mr. Harris asked Mr. G�enn Hubbar� hc�w much this easement would affect the opc:ration of the ser•vice staticn. Mr. Hubb rd said it depended upon how much boulevard was req�ired. He said there G�Jas ,,a 10' boulevard there now, and with this ease- m�nt, it would bring it up to th� preserit inside curb. He said that Union Oil Company ��aasn' t too cor.cerned abo�pt that now, because they did intend to rebuiid th-is sta�io7 and move it to �he $outi� on this property wiihin the next 18 mont��s. � He saiu �;hat. any hardship they h�d, tney could live with until that time. He said they needed a ininimum of 1 i' from f;he island to the curb, and he didn'ic know if they wouid have that. �� I� h1r. {iubbard said they had een operating under the present zoning since 1954. He said they had been in �the correc�; zoning until the zoniny code was changed in 1969. He said wit.h �he chanue in the street, they would have to re�ocate the building so they w `uld ha�e be�tter access for this station. Mr. Boardman said �that as he final plans 4�rere just being drawn up for the intersection, �hey were not sure as to the actual amo;�nt of easement needed. He said t;hey may only ha��e to t. ke an easemEnt on the �Northwest corner of the property. �le said �;hey had ori inally thouqht they would need a 10' easement across ti�e entir,e fir�or�t of the p';roper�;y. t�1r. ;-I�bbard said that if they could ' have thG 14' on a temporary basi;s, he di��n't think they would have any problem. �rs. Hedlund asked if when the statioi� was "relocat�d, would this be any �..,, i_ .__ , _ _ _ .. _ . � I �� ' � • REGULAR MEETINC OF DFC[P1[3ER 15, 1975 P/',GE G � � I � { C � . MARG�RET t�i[RRELI_, SPEGIl1L US[ PERhiI7 R[(�U T SP �+75-27 B32 2'; STREET N.E.__ � RECLIVII�G I'ETIiIOfJ 4�21-1975---- - � ; � � � 'fhe Public tdorl;s Director er,plained this is a request for a Special Use Permit. i . I , The requirement is that an accessory building on a property in er,cess of ?40 , � � sq. ft. ��ill require a ;pecial Use Permit. ln this case, as shown on par,e 4 EF 1 � I of the Agenda, besides a primary d�ti�elling at �1�332 - 2'i Strcet, there is an i g existii�g storage she:1 �•�hich is basically 12'X ZO'. Tl�e petition ��ent before + ; � the Planning Commission to i�eyuest a S��ecial Use Permit to allow construction � � of the proposed garage, 2II' x 32' aridi:h. It should be noi:ed there i�tas yuite � i a loi: of discussion at the Planning Con�mission level regarding �•rhat effect the ; size of this si:i�ucture will havc on the existing neiqhborhood. Should also be + ' pointed out the s•,ay i;he Zoning Ordin�nce is drafi.ed at the present tii,�e, that � ! if the 12' X 20' storage shed had nct existe<1 on the property, a building permit � ! would have been issued for an accessor� buildin9 and he �•�ould have been allo�ied � j to construct the garage. Also noted at the Planning Comr�ission, there er,ists � �cross the si;reet from the petitioner a gai�age basically the size of 24' X 32' . ' The question to be ans�•�ered is �-ihat effect thi., proposal �•iill fiave on the ; residential characi:er of thc neighborhood might appl}� to that 25i lot coverage. ; � In i:his case, the existin9 shed, house and proposed consiruction do not exceed ' 25i requirement. The staff felt hasically if the lot coverage ��ras not exceeding ! the requirement the structure should be allo��ed if there �•rere no objections from � ; the neiyhbors. There ��rere no objections at tiie Planning Commission meet�ng. ; : ''s Councilman Fitzpatrick said that he had a statement signed by 19 residents on � ' ?2 ai�d 2nd Street, arhich reads, °I, the unde�-signed have agreed that Piargaret ' • Merrell can build a garage 23' X 32' , 17 feet bacl; fro�� their house and 4'Z feet � from lot line on the South sid� of the hcuse. I have no objections to the pro- � posed buildiny of such a garage. 3 • i 4 MOTIO,� by Councilt��or�an Kukot�,�ski to receive the petition �21-1975. Seconded by :, ' � _ ! Councilman Star�ialt. Upon a voice vote, all voting aye, �4ayor Nee declared the � ; � ' � moi;ion carried unanimously. + ' The Public b;orbs Director added that the.Planning Comr.�ission's vote ��;as 2 Ayes, � ', and 2 Nays. � , t P1a�ro r ��ee said he drove by the area and it scemed to him to be an asset to the � i neighborhood. ; i MOTIOIV by Councilman Fitzpatricl: to grant. the Speci��l Use Permit for the proposed i construction. Seconded by Co�mcilmin [3i-eider. Upon a voice vote, all voting aye, ; � Mayor �ee declared the motion cari•ied imanimously. ; ; UNIO� OiL COb1PANY, ZO�JI�G ORDIfd,�fJCE Ai1FPlf.);�1[NT 7_OA 1175-06, 5695 HACI:PIANN AVEhII[ N[. i � --- ---- ---- --- -- ---- — ; MOTION by Councilman Star•�•�alt to set the Public Hearinq for Rezoning for the � ' . Union Oil Coinpany fer Januai-y 12, 1966. Seconded hy Co�mcilwoman Kukoti•rski. Upon ? � a voice voi:e, all voting aye, Piayor tJee cleclarcd the motion carric�d unanimously. ; Mayor Nee as{:ed the Public IJorks Direc:i_or if he coulci fill thcm �n on the status � � � as far as tha interscction is concer•�red. . � i � The Public ldorks Uircctor explaine<I the intersection is Iiatha�-�ay and Old Central . At this ��oint> he said, �re havc apprc�ued throuqh Cuuncil preliminary plans for s � the Hiqh�-ray Departm�_nt to procecd �+ii.h the prepai-�ations of final plans for the i ' intersection improve�nent. Rasically, it amoimts to a reali��ning of existing curb ._; : in froni: of Union Oil. To�ether taith t.hat t�,e intend to upgrade this sec.tian of Hatha�ti�,�,y up thi•ough f'oll: to a Statc aid section. Wc inCend to use State aid ; money and �•rill not as>ess anyone alonq this area for that improvement. : { • . � � Mayor fJee asF;ed if this ��roject ti•r�s scheduled fc»� next Sunm�er. 7he f'ublic I-Jorl:s : - � Dir�ector �aid t.he l�ttinc� dat.e is I�ehruai-,y of 197G, ancl ��e hope it �aill be con- 3 structed in 19iG. Ile ,aid he �anul�i ��lso liE:e i.o poiiii: out: that this modification � is in conjunction arith the Urb��nization of Cent.r�il Avenue at 53rd. � 1 � � t40TI0N by Co�mciln;an tii,�rwa1C to tahle Spc�cial U�,e Permit t.�75-0�3 until the � � cons;der.itiiori af the rcrenin��. Secondi�d by Cnui;;:ilmcui �ireider. Upon a vuice .t vote, all voting aye, f�l,iyor Nee decl�u�ecl 1;he motion c�n�ried unaniniousl�. 1 � i � i . _ . . � ; ��,�l i , , . �`' ' ' i . � � f � � R[GULAR FiFETING OF DECEh1QCR 15, 1975 PAGE 5 � # ' t -- ; � The Public Works Director, explained that this is a requcst by Paco, Inc. for ' var�iances to reduce ihe r�ear yard sett,ack from the required 25 Peet to 7'� feeC " � and reduce i:he side yard setback f��om the requii�ed `1_0 feet i:o 0 fcet, at 7760 ; � Elrn Street, to allu�� th� constructicn of a speculative .varehouse building. The initial variance is in conjunction wi�h the seconci item B, �,ihich is a similar ` i request for a reduction of the rear yard setback from ?_5 feeC Co 7'z feet,.and a , reductic�n of Y.he sid2 y�ard from �5 feet i:o 7_8 feet. The lots will be i:aking up j seven lots on the corner. 6�asically, the overall plan is in conformance ��rith � the overall pl�n for the area. � . � The City Plarayer asked if thei�e �vas any entrance or door on the west side, and ! the i'ublic �doi-�s Director explained that this aias open space, and we estltlidl;e ' 1:hey will put some mairrtenanc� free material in this arza. ' ' } hlayor Nee asl:ed w,hat the e>:perience t�as been with these letters, are they a � satisfactory d�tC'!"Ildt1VC' to a covenant or something in t�;e deed. The Public I•!or{;s DirecCor said "yes", tf�ey have had a satis�'aci:ory e::p2rience arith� the lettcrs on joint par�:in� du� io ihe fact once the develonment has taken place, � � it is knot�rn to the purchascrs of the property i��at i.here is a joinL parking lot. N�a,yor .�ee asked hir. Paschke, representing Paco, Inc. , if or the assumption he ' aras going to sell , �;�ho ��,ouid o��,n 4;"ai: or th� parking �o�, �;�here is the property t line, and could he sell off the parking loi separaie. Mr. Paschl;e said thUt F�e could but the easement 1•;ould stay there. He further er.plained that an easement is more than a covenant. . � � The C.ity /lttor�ney said he thouqht it should be something i:hat is recoi�ded along ; VJ1tIl th� de2d. Usiil, the term covenant or easement is �?rebabiy just different ; ' t2rminoiogy for the same ini:enticr. ` � i i P1r. Paschke said he had no objcction to anything, v;natever the City ��;anted to do : he w;il go along �vith. � � , . ��--' t�layor fdee said he envisionnd them selling to somebody, then th�y s�ll aff h�lf_of the p:n-king lot, because there are lots there, and all cP a sudden tt�er� is ne F parking area. ; . i � The Public Works Director said an agreemcnt v:ould be more posit�ve and not that : diffi cult to draft up, and could bn re�orded. , 3 . i 7he City Attorney said he �rould tiaork out a mutual easement that woald require the parkir.g area to be recoi-ded ror both pai�cels. ' ; Mr. Paschke explained that thc��•e r�as more involved Lere. They had sort of a ' ' four area pa��4:i�ig lot. It �•ras mo�•e lil:e a mutual agreement. f4ayor Nee sGid ;;hey would i�ave to correlate with them. The City Attorney said rerhaps the Public 4Jorl;s Director and Mr. �'aschke could put � on paper �,�hat they ��ould li4;e to see, and f�e ti�ould t�eview it and put ;i: intc a [ form tha� could be recorded. ` Tiie City Manager explained that the variances c�uid be ap�7roved vriih a si:i,r,ulation that prope�� documents be dra�,•m u�? and fi led �rhich ;n-ovide�s join!: Pari:inc7 i:se and � inaiz��enance, trith ihe City's a{>prc�:;1 , o�� ;o;r.ethinc cf t.h��t nature � # , s t �-�:� Coiuicilma� [3reider said if it is in agrecn�nc he t�iould take Lath itcins ai on� '� time. ; �� h10tI(?fJ by i;ouncilman E�reider to approve variarccs on Items �1 and Is, S.�ction 1 , y relating to 7760 Llm `trcrt and '17�0 Elm Street, and chancte the stip��latior� ±h.:C � ', : Ptr. S�!�iech and f�ir. Iler-r•ick to t�ork out an ��qrcer�ent tvith Lh:� Paco Ccmp�r�✓ t:u establish that. the pr�opert, ��rill not be so1d a»d ti�e a�roe;�ient tak: fu��in of ��i;at�- � ' ever 1t i_��{:es to qet the ite�:� r��isi;erecl ��i�.h Ci�e direc!. lllso, an aduitior;al � stiplulat.ion i•egirdiny t.he clrain�,qc ease,nent oi� l.ot. 1 i.hi,oun}i 4. Secori�!ed hy ; Councihaom�n I:iikowski. Upon a ��oice vote, all votir�g aye, i�jayor �de� cieciarecl � thc inotion carried i!nanimnusly, i � � a F � � � ! _�� f � . ; � � .