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SP76-11 -- - � . , � • CITY �� FRIOLEY� SUHJECT 4 643'1 UNIVERSITY AVE. NE. SPECIAL USE PERMIT �// FqIDL�Y, MN. 6543L' (6921,57'1-3450 . SP � lCO ��/ ADDRESS `T��5� � �/'� ��-� ��/ DATE . PLANNING CO��If1ISSI0N: P.H. DATE � �� APPROVED� DISAPPROVED � � DATE N0� CITY COUNCIL: P.N. REQ'D `�'9 DATE - NO CITY COUNCIL: APPROVED �DISAPPROVEO DATE /G�/�_ NO STIPULATIONS: , � � / �r�-� �- �� - �� . � . . NAME FEE � RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY �� /� � � �- � . PRESENT ZOfJING CLASSIFICATION EXISTING USE OF PROPERTY � ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AfVD IMPROVEMENT �� C'��t�, �'-��'��"� - . � —� � � 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? __�es 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 applicatiDn. (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 ` ��,�j y�.pJ �� do � � '� ��.�r- 31 CITY OF FRIDLEY MINNCSOTA � PLANNING AND ZONING FORM • I NUMBER � /E- �// TYPE OF REQUEST APPLICANT'S SIGNATURE �S'� � (��-L � Rezoning �1 GA l Address L� � � � ' ,� r� S� �� Special Use Permit Telephone Number s�� a - � c� 3 �, Approval of Premin- � inary F� Final Plat � PROPERTY OWNER'S SIGNATURE CZ1 Streets or All ey � � c Vacations ; Address y � � � � �C, Other 7'elephone Number �� C-�,� h ,�� (� Fee�Receipt No��s/� _� Street Location of Property� � � � `� �-�-. ��+ Legal Description of Proper.ty � � #� Present Zoning Classification � � � Existing Use of Property ,�c��;v��"'r - ! Acreage of Property Descrihe briefly the proposed zoning classificati.on or type of use and 'improvement proposed p2/U . ��l�� /�i ��. i � Has the present applicant previ.ously 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 rec{uested and wllen? The izndersigned understands that: (a) a list of a.11 residents and owners of property � ! within 300 feet (350 feet for rezoning) must be attached to tllis appli_cation. � (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 proceedincs resultirig from the failure to list the names and addresses of all residents and property owners of property i_n Questioii, belongs to t}ie undersigned. A sketch of proposed property and st.ructure must be drawn and attached, showing the . following: 1. North Direction. 2. Location of proposed structure on the lo*.. 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 nd representations stated in this applic tion are true and correct. , � , DATE �� SIGNATURE ,� �� (AP ICANT) , � �. I� Date Filed P� Date o Hearingl� J � � Planning Corronission Approved City Council Approved (dates) Denied (clates) llenied 1 . , OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING . BEFORE THE � P�ANNING COMMISSION TO tJHOM 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 Hall at 6431 ' University Avenue Northeast on Wednesday, August 4, 1976 in the Council Chamber at 7:30 P.M. for the purpose of: A request for a Special Use Permit, SP #76-11�; by Joseph Sinigaglio, per Fridley City Code, Section 205.051 , 2, A, to allow the construction of a second accessory building, a 24 ft. by 32 ft. detached garage, on Lots 18 and 19, Block 8, 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 4715 3rd '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: July 21 , 1976 July 28, 1976 �--� 32 Planning Commission 7-23-76 MAILING LIST SP #76-11 JOSEPH SINIGAGLIO 2nd Accessory Building Mr. & Mrs. George Merz 4744 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Joseph Wadnizak 4732 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Kendal Knutson 4720 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Gerald Harwell 4710 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Donald Hogman 4700 3rd Street N.E. Fridley, Mn 5542Z- Katherine E. Riley 4703 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Joseph Sinigaglio 4715 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Harley Peltz 4727 3rd Street N.E. Fridley, Mn 55421 Donna Bergler 4739 3rd Street N.E. Fridley, Mn 55421" . - Mr. & Mrs. James Haugan 4751 3rd Street N.E. Fridley, Mn 5543�' Mr. & Mrs. Cornelius Warzecha 4675 3rd Street N.E. Fridley, Mn 55421 Mr. & Mrs. Richard Lundquist 4650 3rd Street N.E. 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HG2� - -��; �� ;�� , � ' HG�n-- -H��S � ��„ao rf�� ` - - � �� . ► ��t ° � ��.10 ��G,� _ _'-,�. -- _ ��, � �`, ' � N�p7 ,f HbOq � �4f-- �-- J.�� t_ �r1,,� � �� ,� t�403 �'S� ^ ;.� . N�,�y.; �bC�� ,� (<, y��()0� y ,��3 .. _�� ,,u' � � _ �:_..�..�z !�. _ � . , '.,,,,., " �►�-rt�. �v�. . � —�°� �.�. ^,, ;, - � ;� r , �-----d-- ._--,--r---��r----;� �c r-�� . . ��° .� �� r .�---�,. .a,. � ��,-.�, - ..y�,. ��.R (Offlcial Publica�on) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANHING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Plannit�Commission of the City of Fridley m the City Hall at 6431 Uni- versity Avenue Northeast on Wed- nesday,August 4,1976 in the Council Chamber at 7:30 P.M. for the pur- pose of: A request for a Special Use Permit, SP #76-11, by Joseph Sinigaglio, per Fridley City Code, Section 205.051, 2, A, to , allow the construction of a sec- ond accessory building, a 24 ft. by 32 ft. detached garage, on Lots 18 and 19, Block 8, 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 4715 3rd 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 (July 21&28,1976)�BS ,Planning Commission Meeting - August 1�, 1�76 P��Pe �; 1. TABL�:D: PUf3LIC HEARING: CONSIDERATION OF k PRE II�IINARY PLAT P.S. #?6-05 INNS�3�tUCK NOR'T'H RET'LAT THIkll �DI`1'IOI� BY DI�ItRE �. F'�tR U�V�'.LOYP�IEI�1`I' CUki'OitA`l'I03�: i��ing a replat oi' Lots 1 to L� inc usive, �iloc�:s �l t:�rou�h 2�an a so part of Lot �, Blocic 2B, Innsbruc North Townhouses Third Addition, to a11ow changcs in the size of gar es, generally located on the I�Jest side of East Bavarian Pass and South of rleister Road N.E. � Public Hearing open. Mr. Boardman explained i:hat Darrel A. Farr Deve opment Corporation was trying to work out some arrangements with the Townhou e Association, and requested that this item be tabled again. NIr. Langenfeld raised the question of how l.o g something like this could be tabled, �nd Mr. Boardman re�lied about sixty days. P�Irs. Schnabel said she would like to relay omething that she though�. was rather interesting to the COZCll111SS1011. She said that as she dro�re aut Nor�.}i Innsbruck Drive, the City of Tdew Brighton' survey crehT �•ras surveyinb the road at the Fridley border. Whether or not th were going to do anythin� on it, she didn°t kno�r. She also said ;:he wonde ed wnether or not part o� the s�!;ipulati.on of the D�rrel A. Farr Corpoz�ation proceed ng vsith building the townhouses wa.s that they should grade out North IruZsbur Drive, and said it was ner underst�,nct- i.ng tha.t a cuivert should be put ixi the ota spot which water is draining into currently. Ifirs. Schnabel said that perh ps since they already have a modei built and it was nearing final s�tages, ey should be reappraised of that stipulation. Air. Bergman st�ted that each meeti.ng t ey had this item on the agenda, typicall,y as number one, and each meeting they s en�: time on it. He said he would l�.ke it removed from the agenda until Larre Farr Corporation indicated sorae furtner interest. Chairperson harris said he hought because of the time ele:�,ent involved, since the,y were getting clo e t.o the time li:nit when tYiey would n�v� to reapply, they should table it unti the next meeting. 1�10TI0N by Bergman, seconded b,y Lange feld, that the Planning Comriission table the Public Hearing on consideration f a preliminar,y p1at, P.S. �76-05, Innsbruck North Replat Third Addition, by Darr 1 A. Farr Developmer.t Corporation, taith the Public Hearing open, until the I1 xt regular meeting of the Planning Co�~�rnission. Upon a voice votes a11 voting aye, e motion carried unanimous7_y. 2. PUBLIC HF.ARID?G: REQLTEST FOR A SPECIAL USE PEi�.MIT. SP. �7�-11 BY JCSLFH SINIGAGLIO: Per rridle�T City Code, Section 207.0 . 2 !► ` allow tne construction of a second accessor,y building, a ?_1� ft. by 32 ft. detached garage, on Lots 18 and 19, Block 8, Plymc�uth Addition, the same being 1�715 3rd Street N.E. rir. and Mrs. Joseph Sinigaglio were present. r10TTON by Schnabel, secon�ed by Bergman, that the Planning Commissi.ar open the Public Hearirig on a request for a special use p�rmit, SP �f76-11, by Joseph Siniga�;lio. Upon a voice vote, all voting aye, Ch�zirperson Harris declare� the Public Hearing open at 8:00 P.NI. Planning Commission Meetin� - Au�ust �, 1976 Page 3 Island of Peace had been �1VP.21 to �hose thirtenn nea:�hborhood project committees to see if the uses within the park arca were compatible with the neighborhoods. He added that they were waitir;�; for. response toward the end of September on those. Mr. Bergman said ne noted there was no money inciicated in the budget toward Innsbruck North Park� and Mr. Boardman said he thought. it was just about completed. MOTION by Ber�;man, seconded by Lai:�enfeld, tha`t the Planning Commission receive the minutes of the Parks and Recreation Comrni;ssion meeting of July 26, 1976. Mrs. Schnabel asked if the motion should state they co�zld hold additior.al questions until the next meeting. Chairperson Harris brought to the Commi.ssion's attention Item No. 6 on the agenda, trhich cor.cerned reviewin� the Parks and Recreation Commission minutes of July 6th and July 12t.h, 1976� and said that particular item could �e tabled until the next regul_ar meeting. P•1rs. Schnabel pointed out that the question she had asked earliez� about the soccer field would be included in the Ju1y 26th minu�`es, and Chairperson Harris sugges�;ed she make a note of it and bring it up a,�t the ne�t, regular. meeting. I . UPON A VOICE VOT1:, alI voting aye, the:�rnotion carried unanimously. RECEIVE APPE�IS COT�IISS.T.ON MINUTES: '�JULY 27, 197d i NIrs� Schn�.�el said. tkiat she w.;ul.d :!_�'�'ke to brin� to tYz� a�ctention of t}7e Planning Cor,vn�ssion a, mation that was passe�` bv the kppeals Com.�-aission on the bottom of page 19. She explair.ed the City Cqunci_1 had raised �he fees within the city r.ecently, and it was the feeling o� t.he memb�rs of the Appeals Cornmission that on owner-occupied resident3.a1 pro�erties ths p50 fee fror� $1� was E.'XC�SS1V8y and thought $25 maximwn �would be � sufficient i'ee. She explained that they asked that• the City Council recon�sider that one feee Mrs. Schnabel said that to give them an example, at thei� July 27th meeti�,.g they had a request for a variance of one foot by a prop�rty o�mer. She sai.d it was felt that for that property o-�aner to pay $50 for nr}e foot appearEd Lo be an excessive amount of r money. j Chairperson Harris asked hoti� tY�ose fees �,.=ere a.rriveci at� and I�ir. Boardman replied they were arrived at accordingita Staff costs� Ne explained that whether the variance was for one foot or o,k�e hundred feet, the same amount of notices had to be sent out and there was t�he same amount of i,�orlc as far as Staff operation costs went. r1rs. Schnabel sa�d the Appeals Commission realized that at the time. However, she said, the� did feel that on t.hat particular section of owner-occupied residentia� pr�perties the fee was e.xcessive, and they had no quarrel :�ith industrial or an�}rthing else. Mr. Boardman added that the fees were also �omparable to the commur��ty fees. Mrs. Schnabel said shs wantec� to bring it to the attention of the Planning Commission as the members of ;the Appeals Commission wanted to express their feelings on it. Chairperson Harris said it was so noted. MOTION by Schnabel., seconded by Bergman, that the Plannin�; Commission receive the minutes of the Appeal.s C rrunission meeting of July 27, 1976. Upon a voice . vote� all voting aye, the mo ion carried unanimousl,y. � 1 __�.�ws...,a; �'lannin� Commission Me�tin� - Au�ust 1t, 1976 Page 5 • ..�,.�,�..�_r-.-------.-.. - -- Mr. Boardman explained that this was a request fo�• a special use �ermit for a ??�� X 32' detaciled gara�e. iie said the applicant preserit;ly has an uttaclled garage to the building, and the �lot that he is on .is £30' X 129� , which made it about a 10,000 square foot lot. � He stated that i,Y�i� was in the Pl,ymouth � Addition, and there have been several requests in that area for g�rages of this size. t�ir. Boardman stated the applicant sai.d he has a.bout five cars, and ' the second accessory building would b� used as a garage. He added that he had � driven by the property and he had no problem with granting the applicatien. i�irs. Larnbert stated she had dri.ven by the propert,y and it looked to her like there were fences and things to the edge on either side of the property, and asi:ed ho��r they prop�sed to get to the back. P•�r. Sinigaglio replied he would remove the fence on the North side to get access. He added that his current barage was on the South sidei and presented the Comriissian with a drawing oi � his proposal. He said he had �o plat or surv,y. I�Sr. Boardman said that as far as setback require:�ents wer,t, P4r. Siniga�lio would be allr�•red to go down �o three feet on the prop�rty line with a survey, and without a survey it z�ould be 1�1� feet sei,back. Mr. Sinigagli.o said he didn't lmo�r where his lot line t�ras, but just took it for granted the telephone pole kT3S the lot line. Mr. Boardraan inforrr�ed him that he really should ge� a survey on the property before the garabe taas built in case a mistake was made� , as it could make a difference in selling the propert�T. T �- � wit.h t�.e ar�.ne� and NIr. - � - e was i�.nr�an tc� do g � . v'�a� h hair er�son harris as�e� � � P � , C p Sinigaglia replied tnut �e had set*eral cars tha.t :rere sit:ting in his yard. He said he didn't want to s�ll them and they zTere mor.e or 1.ess deteriorating. . bb� He further He expl��ned ttiey were vintage cars, and this �das hls ho ,�a explained he couldn't get �.n h�.s present garage because he kept nis snowblower� table saw, etc. in there� and he needed the e�tra roome P�r. Sir.igaglio said the garage would be 21t' X 21�', a.nd the last 8' on the Soutli end would be enclosed lilce a patio or �musement room. Chairperson Harris a.sked if he was plaraning on hav�ilg utilities in this structure, and I�Ir. Sini.gaglio replied he would have electricity. Ax. Harris I ked how 1ar e the attached �arage was that he presently nad, and F�ir. Sinig�lio as � . P s about 18T X 2l�� . He explained he had a fire wall ' d the -ara e its..lf wa , re lie g P � which put a breezeway between the house and garage, and that cut down on hls garage area. Mrs. Schnabel asked if there .was a limitation or restriction on a secondary use building as far as combinin� living quarters per se anu garage space. hZr. Boardman said there was no restriction as to what it was to be used for. Mrso Schnabel then aslced if sor�eone could then build a sec�ndar3T use building and use it as livin� quarters. rir. Boardman replied no. Ne explained the code said an accessory use was something like privately-owned recreational facilities such as swimming pools, tennis courts, etc., which are for the convenience of the residents and their guests. Chairperson Iiarris said he thought they would have a hard time stretching that to living quarters. Mr. L�ngenfeld pointed out that the petitioner indicated ttle use of the garage and that is why the Sp�cial Use Permit was being requestedy and if the special. use wa.s granted then the �City would have control ovcr that particular piece of __ „�..-,s.s-,� Planning Commission Meetin� - August !�, 1976 Page 6 property. He stated he noticed that P�Ir. Sinigaglio had a lot of neignbors, and asked what their general feelin�s were. ?�ir. Siniga.glio replied that his neighbors on both sides had asked if he had any ulterior motives for building, but he stated he did not. He said he just wa�ted to get the cars out of the yard as they were deteriorating, and stated that the neighbors said �hey didn't care what he did in his bacK yard as long as he didn't put the garage in the front yard. He stated he didn't believe there were any objections, ' and felt that getting the cars out of si�ht would be an iriprovement. Mr. Langenfeld asked what his hobb,y was, and Mr. Sinigaglio replied he worved on the cars he had. He explained that parts yrere difficult to find, and over the last couple of years he �,Touid buy a bumper here and a gri21 there. He sai.d he would just leave the caz•s in the garage ar,d ta.ke them out �hen the weather was nice. Mr. Langenfeld as;�ed if the garage �•:ould be cor�patible with the rest of t.he house, and 2•1r. Sinigaglio replied it would. He said �t would have vertical wood like his home and the s�rne roofing, and would essentially look like a scale model of his house but it wculdn't be as long. Mrs. Schnabel noted that he did the reconstruction for his o�•n personal benefit, but asked if he was in the business of doing this type of work for otner people or doing it tirith the intent of reselling the autamobilies. i•ir. Sinigaglio replied he was not, and said the cars were just for his oi�^.i use �rhen he felt like it. He explained he did the work in his otti*n garage now, but would like to be able to jack up the car and leave it there instead of taking it up and down . every night. NIr. Bergman asked if Mr. Sinigaglio hired someone to come in and wark on the automobiles, and he ai�swered 'r.e did not. NLr. Bergman said he had no other eoncerns with regard to the general plan and �oncept, but was a little concerned about the dimensional validity. He stated there was no registered survey of the lot, and he was not sure that other than ap�roving the concept in general . there was any more they could do prior to City Council review without verification or dimensions. Chairperson Harris stated they could send this on to Council with their recommendations and stipulations, and one of those stipulations could be that the petitioner get a surve,y before he goes to City Council. :�`.r. Boardman said he reatly didn't know if they needed a surv�3� bef'ore they got to Council. tie explained their main concern was that they don't take up more than 25� of their lot. .Mr. Harris said he thou�ht it iJould save a lot of time if before this got to Council there was a survey and a.:ll these things were checked. I�ir. Langenfeld said he would like to support the suggestion and �omments regarding tne survey, and added he t�as sure Council would ask Mr. Sinigaglio to do that anyway. l�fOTION by L2ngenfeld� seconded by Bergman, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #76-11, by Joseph Sinigaglio. Upon a voi.ce vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 8:21 F.M. MOTION by Bergman, seconded by Lambert, that the Planning Cor�s�issicn reconunend to Council approval of the request for a Special Use Perr.iit, SP #76-11, by Joseph Sinigaglio, per Fridl.ey City Code, Sectiori 205.051, 2, A, to allow the �.,..� . Plannin� Comrnissi.on MeetS_n�; - Au�ust 1t, 197b Pa�;e 7 . � ' construction of a second accessory building, a 2ie ft. by 32 ft. detached garage, on Lots 18 and 19, 131orrc �, Plymouth Addition, the same being 1�715 . 3=� Street I1.E., indicating general concurrence t�ith the request and the proposed construction and. usa.oe, but subject to a dimensional verification trirough lot survey px�ior to City Coun�il rev-iew. 2�tr. Langenfeld said he t.ended to warit �0 1.2"]C�].C3t.P. "if possible". He said h� got the feeling they were pushing these people for a survey, and they shauld have one= but wondered t�hat wo�41d ha.ppen if they coulci,�'t come up with cne before this went to Council on August 16th. Chairperson Harris said they could leave it as one of' their stipu.lations, and if the Ci�;y Council wanted to chan�e that., it was their. prerof ative. ASr. Harris said he would lilce to recommend that i':�e motion include something about limitaf,ion of the structure for any futur.e use as a hc,me occupa.�;ion. rir. �ergman said he was open to that thought, and asked if tliat wasn't adequately covered ir, the present ordinance. Mr. Boardm�;n said th�at no accessory building could be uscd as home occupation, but there i•rere some around. I�4r. Harris said thrit some time do�m the line rir. Sini�aglio ma.y desire to sell his home or get out of the classic car storage business, �r:� he would like to make it clear to everyone irivolved that the accessory bu.ilding could not be used as a cabinet shop, body repair sliop, etc. He stated he felt it would not hurt to state it as a stipulation in the reco.mmendation so everyone involved would be clear on the matter. I�`1r. Bergman AP�?��IE�D�D the T;OTI�N to include limitin� the accessory building . use to exclude home occupatiori. Seconded by Larrivcrt. Chairperson Harris wond.ered if it would be necessax•y t� include in the motion so�:ething about the �a3:•a.�e being compatible witri the existing s�;ructure. Mr. Re„gman said that tile pei��oner. ha.d stated it wo�ld be, and tr.at discussion would be in �he r�inui;es for reading by Council. I�ir. Harris s�.id the problem was that when they got dowri the line at a later period, sometimes the discussion parts were omitted and the only thing that can be found is the motion �rith the stipulations« �ir. Bergman asked if there wasn't some type of incentive provided to the owner to make the aesthetic treatment consistent at the time he applied for the buildil7� permit. He said tha� regardless of what the Co.:unission said, the building permit process was z,rhere it really happened. Mr. Boardman said that was usually a stipulation on the building permit. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairperson }iarris declared a recess at 8:30 P.M. and reconvened the meeting at 8:55 P.r7. 3. RECFIVE 1�:LI�IO FROAT r`��CR NEE TO TIIr APPEALS COP- IISSION: DATED JULY 1� 197� MOTION by Langenfeld, seconded by Bergman, that e Planninb Commission receivP the memo from rlayor Nee to the Appeals Commi�sio . dated July i5, 1976. � • i I Mr, Boarciman said that studies show that only out 250 of families r_an afford housi.ng the way it is n�w. Iie stated �hat the e would be some poi.nt in time � when these 40' lots would 3iave to be usedand _he present standards c•�auld have � f � I Plr�nrting Commission Meeting - Au�ust �� 1976 Page 8 . , ta be dropped or changed so that people would e able to afford housing. �le said that right now about '15'6 of the £amilies were eally struggling in buying houses which they really can't afford because they c �'t find a needed home in a lower price range. Mr. Bergman said he recalled the �0' lot co sideration which was brought to the . Planning Com�ission's attention from the Bo rd of Appeals based on .a pending variance request. Tne Planning Co�anission he said, �hen sent tne question to the subcomrussians to corne b3ck to the P1 ing Commission with regard to policy. - P�ir. Bergman �aid that Community Devel.opr�e t was one of tnose that reviewed whether or not �0' lots should be conside ed developable lots for housing, and they communicated back to the Planr.ing C mmission, as did a couple other Commissions, and the Planning Com-nission then pulled together or endorsed a policy-tyne situation in that regard. Ie asked if it was the Planning Commission dialogue that Bi.11 Nee was referencing his letter, or if it was something else. Mrs. Schnabel answered that it wasn't eally clear, but she thought it was the Appeals Cormnission minutes of June 15 that prompted the letter. She stated she would li�e to review for everybod 's benefit wha'c has happened in order to help clear the matter up a bit. She aid that on Feoruary 10, 1976, the Appeals Commission received a request for va iance from a r:ir. Denis L. Villella to construct a reside:�t�al dwelling on l�0' lot. At that time the Appeals Comrnission decided that since this was the first req_uest to build on a 1�0' lot, they should perhaYs request the P1� ing Comrnission and other subcommissions ��Lo try to develop some type of poli ,y statement regarding 1•�' lots. She said the wo�3s "policy statementt' came out because zn reviewing the Administrative Staff keport to tr�e Appeals Corrm;is ion on that request, the re:narks said something about city policy statement. She ommented tha.t the term go� to be used a bit loo�ly, but it got to be used. N1rs, Schnabel continued that on M� rch 9, 1976, the Community Development Commission reviewed u0' iotis, on ;axch llth it was reviewed by Human Resources and on March 23rd 'oy the Fridley ' vir�n:nental Ghzality Commission. S'.ze stated that on April 7th the �lanning C ission received thP minutes from the three subcommissions and on April 27th the Appeals Commission received the guidelines from the City Council. The City Council received those guidelines prior to April 27th �rom the Planning Co ission. I�1rs. Sc;uiabel explained that once the Appeals Com-nission received 'nose guidel�:nes on April 27th from the City Cauncil, they removed the requeslt fr.om Mr. llenis Villella from the tab12. Mr. Bergman asked from what bod the Appeals Com�nission received those guidelines, and Mrs. Schnabel answered from the �ity Council. She explained that the three subcommissions came to the Plan ing Ccmmission w9.th their recommendations, and the Planning Commissi�n develop d tentative guidelines which were sent to the City Council for their approval She stated �that �he Council held two discussions on that, as she recalled. She el.ieved one was during their i.nformal rneeting and the second was at a regular Cou,�cil meeting, and they sent their recommendations, which were not exactly in a fin�lized form but in a sense the approved tentative guidelines of the Planning Comm'ssion� back to the Appeals Commis�ion. Mrs. Schnabel� stnted that on Ap il 27th the .Apgeals Commission acted on the request to build on a Lt0' lot. Mr. �lillella had made six requests for variances, and the Appeals Commission appraved four of the six and denied two� and passed ' • �__'� _ � 1::0 i , REGULAR COUNCIL MEETING OF AUGUST 16, 1976 PAGE 6 ' JOSEPH SINIGAGLIO, SPECIAL USE PERMIT SP#76-11, 4 15 3RD STREET: Mr. Sobiech, Public Works Director, stated that this 4VdS a request for a special use perrnit which would allow a second accessory buildiny on an existing single ' family residence and the Planning Com;nission did reccmmend approval. He pointed ', out that several stipulal:ions existed. PSr, Sinigaglio,4715 3rd Street Northeast, was present and stated that his expenses are over and above what the garage cost. Councilman Fitzpatrick stated that the request cost Mr. Sinigaglio 5120.00. MOTIUN by Councilman Fitzpatrick to concur t��ith the recominendation of the Planning Commission that the special use permit be yranted. Seconded by Co�m cilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the moi:ion cari�ied unanimously. 40' LOTS: Mayor fJee stated that he plarned to set a special meetiny regarding this matter. Mr. Qureshi, City P�1ana;e�•, stated that a meeting would be set up approximately six weeks from this date. MOTION by Councilmari Starwalt to receive the rninutes of the Planning Cominission meetiny of August 4, 1976. Seconded by Councilwoman Kul:owski. Upon a vcice vote> all voting aye, Mayoi� Nee declared the motion carried unanimously. CONSIDER/1TION OF_RFgUEST__�0_WAIVE_Elv'FORCFMENT OF f'ROV1_SION;�IfJ SIGN ORDIfJANCE FOR , LIMITED TIh1�, SCHAAF VOLUIdIEFIt COi�MITTEE: Mr. Robert P�eek, the Schaaf Campaigr P1anayer, st:ated that he was i�equesting the City Council to v�aive enforceoient of the ordinance that limits thr si-re of pclitical signs until the Cominittec has had the o�por�tunit to exh�ust. its efforts for a eal I Y �p through the F,ppeals Commission. Councilman Hamernik stated that a yood deal of work has been done regarding the sign oi-dinance and allowiny a variance v�ould set a II preceden� �,vi�ich �vould inv.xl idate anything �fiat is in tne ordinance; and he, therefore, questioned the consideration of this. A visitor stated that there �vere three members of the City Council �•aho are on Mr. Schaaf's Campaiyn Conuriittee and she feit that there ��,ould be a conflict of interest as to Council voting on this. Mr. Wayne Wellan, 6793 Overton Drive fdortheast, spoke against the request. Councilman Fitzpatrick stated that he t•ras not sure that the benefit of the sign was going to be as great now with the publicity aqainst the ordinance that perhaps would cause an unfavorable reaction. Senator Dave Schaaf :then stated that he would withdraw the request at this tinie. Councilman Starwalt then asked Senator Schaaf if he would prefer to withdra,� or table the request. Senator Schaaf responded that he already withdrew. � RECFSS: Mayor Nee called a recess at 10:45 p.m. RECOfdVENED: Mayor Nee reconvened the meeting at 11:02 p.m. , CONSIDERATION OF A REQUEST TO AlL04d A ONE FOOT [NCROACHMENT INTO A DRAIPdAGE & UTILITY EASEMENT AT 7348 SYMPIIUNY STRFFT: �!� � CONSIDERATIOPJ OF A REQUEST TO ALLQW A OPJE FOOT ENCROACIiP1ENT INTO A DRAINAGE & UTILITY EASEMENT AT 7358 SYPIPHONY STREET: � MOTION by Councilman Fitzpatrick to take Item numbers 1? and 13 iii the agenda out of order. Seconded by Council�vo�nan Y.u4;owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. � � I i _.. __ .__._.. . _ . I ].2,�� REuULAR COUNCIL MEETING 0� AUGUST 16, 1976 PAGE 5 � ' RECEIVING THE f4INUTES OF THE PLAIVN:(�G COI-�MISSIOfd M[ETING OF AU6UST 4, 1976: ' CONSIDFRATION_UF APPEAI.S_COP�1biISSIO"J P1I�,UT[S OF JULY 27,_1976: ' ; MR. BURKHOLDER. 106_77TH b1AY N.E.: ' ! Mr. Dick Sobiech, Public Works Director, stated that ti�is i� a request for parking in the front yard, located ai; 77th Way and East Rive�� Road. Fle further pointed out that tt�e Appeals Co�ni�iission did considei� this iteir anc! did recommend approval of the front yard parking in the area. He stat.r_d ti�ac Mi•, Gurkholder, 7360 Alden Way N.E. was present to discuss the situation. P1r. So�iech then proceed�d to discuss the fact that there exists t�vo apartment buildii��gs: one on vahich the variance rec.�uest is pei;itioned for and has appruximately three parking spaces, and the other building to the west of it presently has parking in the fron� yard area. IThe petitioner does oti�m the parcel of property in ��sr.;o��. r�r. son;e�n stated that pc:rliaps ar��angements could be made ivt�ereby ceit.��in parking facilities could - � be plannrd cooperatively for the total arez. HE� fur�i;her pointed out that the � situation has been compl-icated especially along 77th Way by the requests for "i�o parking° signs. hir. Burkhold:r ti�en comir,ented that �here tvas just no place to go. He stated that he vdas surro�inded 'oy conmieicial prcr�erty and a sea of black top. He suggested that he wculd be agreea6le to sc.�-eciz` betw�en ti�e �arkiny and the street. Hc noted that a con�plaint taas made by Donna P,nderson of 160 7;th 1�lay N.E. requesting the "no pai•king anytinie" siqns ��osted on 77t1� Way Councilr�ias,� Hamernik voiced his conr:ern for set�:ing a precedent tvhich !,vould allovr rront yard parkiny. Councilin�n Fitzpatr•ick sP:ared his concerr,. P�1r. Qureshi , City Mana�er> suggested that 14r. 3w-kholdcr contact �arry Blowzr Company and see if sor� in�rtual agreement could be made. Ii nui, Che City Council could authorize a variance. MOT10"V by Cou�:cilmar� F!a!nernik to table this' item �!n�?1 the S�ptc:mber 13, 1976, Regular Council meeting and see ir accertx�ble al+;ernati��es can be �•�orked out. c�C�'0^Ca��•� i�y' �CL�iC;�lildfl ctdl'Vd'u�t. iij�Qll u `d�7C^c ti'Gii, d? � VOLIIIn dJ�" �•�d,yGi' �VCC � " declared the motion ca•rried unar�ir�o�.isly. 70;df� CRIt:R PAiVC/;KE IIOUSF, 77'!� UNIVERSITY A�/�PIUE N.E.: �lr. Sobiech, Public Glcr{s Directer, stated t:nat tr�is �-;as a requ�st for a varianc� fro;n 100 sq, ft. to �O; sq. ft. The Cxistin, sign being 96 sy. ft. Approval was recommended by iiie o,ppeals Cor:�mission. (�'i-. Craic� 1,'aryo, 7/30 University AvenuF Northeast, then spo!:e to the City Council and proceeded to show them a draH;ing of the sign. ; Pi0TI0N Uy Councilman Hamernik to concur vtith the Appeals Con�mission reconuner.dation and approve the variance vlith stipulations. Seconded by Ceurcil��or�an Kuko�,;�ski. Upon a voice vote, all votirg aye, P1ayor Nee decla��ed ttie motior car,�,i2d unanin�ously. �JIIRIANC[ FEE SCHFL`ULE: • F1r. Sobiech, Public l!o1�ks Director, stated that: the Cfi�irman of the Appeals Commission> Ms. Virginia Schnabel, did cor.tact him to ensure this item came before the City Council. Aft:er discussion with her, Mr. Sobiecf� stated that � he believed there was a misunderstanding as to how the increa�ed fce ��ras arrived at. Apparently, the comments by the Ap��eals Ccir:mis,ion regarding the fee increase came after the v;irianc� request for a 1 ft. var•iance on residential propei�ty. Cor�seyuer�lly, the increasad fee of �50.00 vs. what was oriyinally $15.00 was questioned ��fith this particular residential zoning variance request. Mr. Sobiech stated that he explain2d to Ns. Schnahel how the irici�eased fee was arrived at, based on an averuge of variarce reyuests on small iots of great rnagnitude. He furthei• stated that he indicated to �4rs. Scnnabel that he would explain to the City Council and that Council would pertiaF,s direct the St.aff to �irepare a more i:i-depth ex.rlanation te the Appeals Ccrmission. He then asked if there tivas a rep��esentati�,+e o�° the A{�peals Con��nission present, and Ms. Patricia Gabel responded that she ��Jas. Mr. Sobiech asked h�r if his discussi�n explained � ��hat perhaps happenec! at the Commission's meeY.iny and she responded it did. Ms. Gable sugyested th�i perhaps what tvas needed ��as a breakduwn. Mayor Plee . then stated that the City Council �vill try and justify this to the Appeals ' Commission. I 1 , . _.. _ _ . W.__ _.. �