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SP78-12 t . CIT'Y 01� FRIULEY MINNESOTA . � . .b PLANNING AND ZONING FORM � NUMBER,�� ,I:>'�/�-�-� . TYPE OF �REQUEST APPLICANT'S SIGNATUR � �Y7, � Rezoning Address �� f�M�S �-1>�, NO � >>L�� Special Use Permit Telephone Number a��,"z�- � �(p S �� y��' �(r�',) Approval of Premin- inary �, Final Plat PRUPER'I'Y OWNER'S SIGNATU}tE .$f/�/�(� Streets or Alley Vacations . Address Other Telephone Number � Fee�,�-�%n/ Receipt No. ln.�/3� Street Location of Property �art� �J-/�jrio�%� ��, Legal Description of Property LO 7' �2 S � �(p ,QLOC/1 T /�/ �ER �I�"w /�Ts, Present Zoning Classification Existing Use of Property U/�C/�N � Acreage of Property Describe br.iefly the proposed zoning classification ' or type of use and improvement proposed �v N ST��T �a.�� L L� o�!�- � � �. �c..<_.!�- � � �, f�� '� Sl` Y� �_ ��/,v f=LooA /�L� /`1k'EH � , ! i Has the present applicant previously sought to rezone, plat, obtain a lot split or � varia.nce or special use permit on the subject site or part of it? yes �no. � What was requested and when? ` The undersigned urderstands that: (a) a list of all residents and owners of groperty � within 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) Respor.sibility 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, sho�Jing the , � following: 1. North Direction. 2. Lacation 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) . :� t�' F . The undersignec� hereby declares that all the facts and representations stated in this application are true and correct. ; � � DATE �f-/� 7� S I GNATUR ��--� �Yh. ,.� E l'N ;��.v'�-% t y ' ;L i/_r?� (APPLICA��IT) ( , r' '�`�,- Date Filed ' Date of Hearing � ��;� ;;�'i� . � � F Planning Commission Approved City Council Approved � (dates) Denied (dates) Denied �: F a e�,.w�d ;r� �,� _ 421 - 41 QD b�ewria�s a�o+ve ..t awsrn►ed �KEI?'�I �M. GRAHAM �ca1e:1'":3 D ' � �L,and `�urveyor `Theater Building. �Anoka, �Minrresota, 55303 Certilicate of Survey lor: ROBERTA SPOHN DesC►Iptlon: Lots 25 and 26, Block T, RIVERVIEW HEIGHTS Anoka Count . y, �iinnesota Subject to easements of record. Bench Mark: Top of Hydrant, Southeast Quadrant of Riverview Terrace and Fairmont Street: Elevation: 825.05 High Water: Prom records of City of Fridley: � 822.90 -s - - SzO� S�O a, �� . — �o `w` - � �� ll 9� � � e�ent �� °� o • � � � �22 ,`� `/�tY �as � o 2� t� U� a�' �� ' `- `'� �': g2 . 4 Sf�ee fi �J , _ � x `� O, � ' • ` � , W � � g90 go , o� � � �s� � 1, , p �` p 1 i` � ,2�� ',, ' I�-�'i r O � , / F � � � � ,�-'"" 90 0 � , � � , "�,► � � �, ` / \ �� lh �"l . _ 1 1 .-- o �� ' -'�5 � 820. 40 . � p �� .35-`' \ i � � W � � O w �o__..-_ h . , '� .�, , 0 4-� h �'�• . �1 _ - � _ `� ,o � � lri _ _`._o o\ �o ;, / 3O � o � � �.�. 'f '" // � � � -� � . B22 03 ' . �j .� ezz.�s _ ` � , � ti� �� S.a s ' � � 8Z �e y. - ' NYd�ar� E '' • : , �r '� `,. , . � . . '. f �, .,�1 ` '' � � �' I hereby oertify that thie survey� plan� or � report Aas prepared Dy me or under my direot � supervision ancl that I an a dUlp Registered . Land Survayor und.er the la�ra of the State o� �' l[inne�ota. job no. 78- �/ n ��.=`� '�, '� bo o,tt/0 2 pag�c 3s � ��"` �`�� S. 3 t. 3o ,� z¢ n�te 9/2 �/78 R�. xo. �t�os -�..-....-- - ......_...----------� . ' . ' � 34� 3RU JSWICKUAV1E.S. ��t� ��'a�L�s �� `�Y�cI�CJ �+'t1J�� 631�D H O AVE�IN ' � t30C.DEN VAI.I.EY,A91NN. [,�N� S�)RVF,YOHS BROOKIYN PARK,h11NN. .r MItJN. REG.NO.a7a� , 11►INPJ.REG.NO.ti743 ' It7;0I8TE:�ED II:IDES LAtAJ Ox' i�TA73 UX �fIN27�1�OTA , � I.ZC25r3Tt.D I3Y ORAYC7h.YU$ OY C2TY OX 23I2�b1E/►2'ULIA ' ' ' � . t - . 57A71V.Hroadway 533-3922 INVOICE NO. �7F'`�' " � • INDUSTRIAI.—JUO{CIAL Minneapolir.,Minnesota 5542b F.B.NO. �`�¢"7� � COMMEHCIAL—TOPOGflAP}iICA:. I � ; ` CITY LOTS—PLNTT{NG - ' SCALE S"• �� e�'T � ��p�r�� ti�a��te :. ,� �. �, SJRVE� "rUK: Rea.l LJtate 1� p �enotes �Eron � � Tho:n�s 'I'ay.la.r� - . ��+�;� • • ,.._. _ . .. . , . - . . . '.� . � . . � ' . • � '�r . . � �%-�-F . �� . . . _ . ,.� . . - . . . � . . . . . . . . . . 7` _ --�G.� --- i \ . � �� ,. ' .' 1 `� f , � � . ';�.. . . . � . . . , ' � . . . . . ' r .. ' ` � t�`.� �i �' : ; , f� , '�1 : " • � � _ ;}, . �� , � : . : � . . `� `�' . - /D7. �G ' - . . , '', t•� ' � - . r 4 r� � . - � . . i.� � r; � , . . � . ti � � � � -, --,-- • , _ . . ' �675, a : �� ( ` . ,• , . _ �; , , �_ . � �-- s" '/-.> F• . - �� 3 : � : � , :�)� .� � = , . . ' ' - � ^ -� • .. _ C n � � . . ` , .. � _ ./ \ � . `� �=_ �'^�� _ __ � __'_ "'.__. . _"'_ ..._.._� .___ • . � '__. • . � . . � . . .F -_ C fv . . . . . ��`.�_ . ' J , -., ��-� • . �J �� . , . � . .� , �,y �. �, _ . � � �¢ �,� -,�— . � �____ , . /� � _ -_ . f�' - � � '� _�_. c � ^; '_ �� . �� , � ,� `' �� ' `` `�,` F� .. f � tp ' C_ , � r . " � � . P�`T ,' r� _ .. . ---/Ql),j3�'�' . . I . \, �j _`1` • .. . . � � ._._ _._. � f _ . '.,. �.. . c� � . . �� ' . � � ` _ •. ,. � � - .' '. - �'` �� 1 �(� i�✓� U f� ' ` --� � �. _ . :. . �, . . ; � t , . . � . . �� . .. � � � . ; . . _. _ . � , � � � � . . . . . .. .. � �� - ' � ' .. ' • � . - . . � • ' ' � � , . . � • � � � " ' ' ' � . ' ... . ' . Lots ?_> — 2b, �loc►�. T, RIVFItVIE��' H�Ii�tiT� � � - � � Sub j�c:t L-� Easernents of record. � . . ' _ . . . . . . . , ' � . . F W� heroby cartily that this is a true and ctsrrect roprAx+ntAtion �''~^j ? �) f, . of a survay o1 the t>oundaries ot the atx�va iiascribsd Ier.d and � • ' ' � . r. , { the lacscion of aU buituinqs And vinitile c�cro,yciimnnts, it any, r� � • ' %,�_,•�, /�. - " 1� � G � � • �� , �, ,. from or on s�aid land. 1�:{ ) } �u•�,� � f�_y�, .� ` �'i ;iept. 72 stqued �C. —.-._�—.: SufVoyAd by W thif d9y O� Sn�,�„ i.fl'1'q1TR VT:.YC(`(1n.iPANV ' ,,,�,y � ��'d PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Pulbic Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, October 25, 1978 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a Special Use Permit, #78-12, by Roberta M. Spohn, per Fridley City Code, � Section 205.157, 5, D, to allow the construction of a new dwelling in CPR-2 Zoning (flood pl�in) , located on Lots 25 and 26, Block T, Riverview Heights, the same being 695 Fairmont Street N.E. Fridley, Minnesota. r Any and all persons desiring to be heard shall be give an opportunity at the above stated time and place. . �, RICHARD H. HARRIS , CHAIRMAN ' PLANNING COMMISSION Publish: October 11 , 1978 October 18, 1978 , _ ,� Board of Appeais September 30, 1978 MAILING LIST Planning Cammission October 10, 1978 ` � � Variance and Special Use permit for 695 Fairmont Street N.E. Roberta A. Spohn Mr. & Mrs. Robert.Werner 3520 James Avenue North 655 Ely Street N.E. ` Mi nneapol i s, Mn �-�4E�S Fri dl ey, Mn 55432 ��>-�y,- � Mr. & Mrs. Chester Schack 685 Glencoe Street N.E. Mr. & Mrs. Marvin Kalor Fridley, Mn 55432 681 Ely Street N.E. Fridley, Mn 55432 htr. & Mrs. Ivan Rengstorf Martha E. Haugh �I 689 Fairmont Street N.E. 8041 Riverview Terrace N.E, Fridley, Mn 55432 Fridley� Mn 55432 Mr. & Mrs. Robert Sluss Allan B. St�hlber 675 Fairmont Street N.E. 309 $5th Averue N�E. Fridley, Mn 55432 Blaine, Mn 55434 ' David Johnson, Jr. Mr. & Mrs. Richard E. Cook Box 57 690 Fairmont Street N.E. Pierre South Dakota 57704 Fridley, Mn 55432 Mr. & Mrs. Kim Wall Mr. & Mrs. Ryan Falk 8065 Riverview Terrace N.E. Fridley, Mn 55432 688 Fairmont Street N.E. Fridley, Mn 55432 Mr. & Mrs. R�bert Heltemes 11779 Norway Street Coon Rapids, Mn 55433 Mr. & Mrs. Robert Johnson 680 Glencoe Street N.E. Fridley, Mn 55�32 Mr. & Mrs. Joel Dumphy 670 Glencoe Street N.E. Fridley9 Mn 55432 IOfficial Publicationl PUBLIC HEARING BEFORE THE PLANIVING COMMISSION ' Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City af Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday.Oc- tober 25.1978 in the Council Chamber at 7:30 P.M.for the purpose of� Consideration of a Special Use • Permit. #78-12, by Roberta M. . Spohn, per Fridley City Code. Section 205.157,5.D,to allow the construction of a new dwelling in CPH-2 'Loning iflood plainl. ]o- cated on Lots 25 and 26,Block T; Riverview Heights. the same being 695 Fairmont Street N.E.. Fridley.Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. � RICHARD H.HAKRIS Chairman � Planning Commission �October 11&18,1978)�B8 �� . �IiE�J�,C�" � ' tjr�, r::Q;�Y �r- t=r�ir��v, � �„�.. � � t� rvilr.ar�a��c,-r,�a �� ZB....�.�P�� ..l��'�i�� . � �r3��"��'C�::1,d`i,9 { �, ��r:�� .�.� ,�.�.�-.�,� Ucpuri , c��n' . . . . .. liumUCY/� �t:ev ( r'�� npptovcd by Uufo _� . . . � CL% �� i ��f.�I� �L. � .�.,. _ ~~�� R FI L O/ AC�C�3i�E5L;� 6�"�` FILG I�/T� ._ C[aMPL�"t'E R�.VtEW CF-4ECKL.tS'f' ��l �,,'�'�i'L � _.�//�^ r. t�ET'UFdEV YC� Fal_Af�liVFNG ' • ;, _ , �,�/S • ouc� 4� � ._;. . ! l s'' .i�a-� T�.rf -'.Lv`��^'~��. T P.:t�iVlil+��f�E"i"� � � ��°` � �• Gde ��,(� , .,a,i,� ..��oirr� , C"-�o�r,�j�.�,. , 9 /¢�„`° r:�� . . . ❑ .��`�'�� N � . � � : � . ��. . � . � . i ; -c � �� . . . � . � CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 25, 1978 CALL TO ORDER: . Chairman Harris called the October 25� 19`j8� Planning Cou�ission meeting to order at 7:3� P.M. ROLL CALL: . �...___._ Members Present: Ned Storla, LeRoy Oquist� Richard Harris� Robert Peterson� Virginia Schnabel, Jim Langenfeld Members Absent: None Others Present: Jerry Boardman, City Planner (arrived at 8:15 P.M.) 1.. APPROVE PLANNING CON�IISSION MINUi'ES: OCTOBER �+, 19'j8: MOTION by Mr.Langenfeld, seconded by Mr. Ocluist to approve the October 4� 1978' 1$ anning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARID THE MOTION CARRIED UNANIMOUSLY. ��• 2. . COPJSIDERATTON OF A SPECIAL USE PERMIT SP #78-12� BY ROBERTA M. SPOH�I: Yer Fridley City Code� Section 205.157� 5� D� to ction of a new dwelling in CPR-2 Zoning (flood plain�� located on Lots 25 and 26, BZock T, Riverview Heights� the same being 695 Fairmont Street N.E. A. Public Hearing on two variances appraved by Appeals Co¢nmission on October 10� 1978� which were not included in the notice sent to all affected property owners on the original variance request: Reduce minimum square footage of the gross floor area from the required 768 square Peet to 720 square feet� and the setback from the Mississippi River Corridor be reduced from 100 feet to 80 feet. (pages 3 to 8 in Appeals Commission minutes). ' MdrION by Mr. Langenfeld� seconded by Mr. Storla to open the public hearing. UPON A �JOICE VOTE� ALL VOTING AYE, CHAIRMAN AARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.M. � Chairman Harris. asked the petitioner to step Porward� and explain what she intended to do. � Ms. Roberta Spohn, 3520 James Avenue No. came Porward and stated that she would like to build a house for herself to live in and submitted the blueprints to the Commissioners. � Mr. Harris asked if the elevation of the basement floor would be above flood level. Ms. Spohn stated that she was told she would have to raise the land �+ feet and could not have a basement. I PT�ANNING CON�IIS3ION MEETING, OCTOBER 25, 1978 -PAGE 2 � � . _ Mr. Langenfeld asked Ms. Spohn how long she had owned the property and if when she purchased the property there was any indication in the agreement that the property was located in this kind of area. Ms. Spohn stated she had purchased the property on May 30� 1978 and was told � that the property was located in the flood plain� but that it was a buildable 't lot� and that was wt�y she purchased it. � Mr. Peterson asked who told Ms. S�ohn it was a buildable lot. Ms. Spohn stated that she went through Capri Reality� and Century 21 had it listed� and it was written on ths white sheet that it was a buildable lot. Mr. Langenfeld ssked Ms. Spahn if she had talked with Mr. Chester Schack. The �� Appeals Co�ission Minutes o� October 10� 1978 indicated that Mr, Schack had problems. Mr. Frank Spohn� Ms. Spohn's father came forward and stated that he had attended • the Appeals Commission hearing, and that Mr. Schack was there. Mr. Spohn stated that Mr. Schack lives one block north of Ms. Spohn's property, and Mr. Schack did not ob�ect to an�yone building there� he on�}r wanted the property owner to be aware of the fact that rain came down through .the yards of existing homes between Glencoe and Fairmont. Ns. Schack' s address is 685 Glencoe. Mr. Langenfeld stated that he was concerned that Ms. Spohn be aware of the potential dangers that could exist. Mr. Spohn stated that Ms. Spohn was required to add fill and this would raise her lot above her neighbors� and Mr. Spohn felt the neighbors would be concerned c�bout this. Ms. Schnabel stated that a letter from staff indicated that the setback was 85 feet instead of the 100 feet required. Mr. Harris stated that the variance for this setback was recommended for approval , by the Appeals Commission. Mr. Harris stat�d that the Special Use Permit is re- quired to build a house in this area. Ms. Spohn stated that she would like to extend the house another 3 feet because her living room would be too narrow as it is. Mr. Harris stated. that she could do this as long ae the house fit in under the variances that have been recommmended.for approval. Ms. Schnabel stated that she would have to be 35 feet back from the lot line� and vould also have to meet the rear yard setback. Ms. Schnabel suggested that Ms. Spohn have any alterations checked by Staff. Ms. Schnabel stated Ms. Spohn would have to meet a 35 foot setback froai Rivervie�l and also a 17 1�2 foot setback fram Fairmont. Mr. Harria informed Ms. S�ohn that if changes were made� the plans would have to ' be changed before she applied for a Building Permit. . � � ' PLANNING CONA�IISSION MEETING� OGTOBER 25, 197� PAGE 3 2�. Harris asked Ms. Spohn if shc was aware of the requirements of thc flood plain area, as far as elevation of the house and the special treatments that must be made in the foundation and so Yorth. NL�. S�ohn stated that she was told the lot must be raised �+ feet and she could have no basement� and if there were special treatments required she would contaet Staff. Mr. Harris informed Ms. Spohn that 15 feet away fra¢n the house� the ground has to be sloped awq}r from the house to take care of drainsge� so that water runs away �rom the house. Ms. Schnabel asked Ms. Spohn if she had talked to Sta�f regarding flood plain requirements. Ms. SpoY�.n stated she had talked to Darrel. Clark, the Building hispector. Mr. Robert Sluss� 675 Fairmont Street N.E., came Porward and stated he lives behind Ms. Spohn's property� and that there is a lot between his lot and Ms. Spohn's lot. Mr. Sluss stated that he had a drain field installed last sumn�er and it ran con- stant]y. Mr. Sluss stated that if Ms. Spchn's lot was raised �+ feet and tbe run- off diverted, it would increase his water prcblem. Mr. Sluss wotrld like the water " drained in a dif�'erent direction� maybe into the street. Mr. Harris stated that Ms. Spohn would have to submit a drainage plan, and the drainage should be directed toward the street. Mr. Harris stated that the elevation of the garage structure may also have to be raised� and the drainage would be directed to Fairmont Street. Mr. Sluss stated this should take care of his problem. , Mr. Kim Wall, 8065 Riverview Terrace� came forward and stated that Fairmont comes - down at such an incline� that if there was a heavy rain, and the water builds up� that drain cannot handle it, and the street fills with water and then drains into an empty lot. The person who owns the lot �ust pays taxes and won't build on that lot because it is too small. A�. Wa11 was concerned that if Ms. Spohn's property was built up� would the water run into his driveway. Mr. Hall also stated that if Ms. Spohn' s lot is raised 4 feet and if it was graded with a 15 feet incline awa�y from the house� the water would run�east, which is a decline going the other way, and all that water will go back again, and there was water sitting on Ms. Spohn's lot this spring, because the drains cannot handle the water. Mr. Harris asked where the catch basins were located. Mr. Hall stated there are located near her east lot line, and another a little south across the street on Fairmont. Mr. Hall stated that his lot line runs approximately 12 inches from his garage� and would like to know what the minimum distance was between his line and the house or garage Ms. S�ohn would put on her lot. Mr. Harris stated that the minimum was 10 �eet and her house would be 18 1/2 f�e;� �� froan his lot line� with the garage a little closer. :�- PLANNING CONSMISSIOPt MI:ETING, OCTOBER 25, 1978 - PAGE 4 . • , ,. Mr. Hall asked that if the driveway was ofP Fairmont� would they build up the fncline on Fairmont. Mr. Harris stated that they would probably build up bhe incline oP the driveway to the garage, because the garage would have to be above the flood plain level. Mr. Harris reiterated that there should be a drainage plan. Mr. Leonard S�ohn came forward and asked if Riverview Terrace was a permnnent street as it sits, because he had noticed that there are no curbs� no drainage no catch basins, and it was higher than Fairmont. Mr. Harris exnlained that Riverview Terrace was a raised roadwqy, not a dike, and was considered. a pexznanent street. Mr. Hall asked if that street will rem.ain as it is� because if it was 3 feet lo�rer� it would cause drainage problems. Mr. Harris stated that to the best of the Ccur�ission's knowledge, the roadw�y would remain as it was. Ms. Schnabel stated that the survey indicated that the high water record of the City is 822.90 and �he street elevations shown here vary from 820 to 822, which is in keeping with the high water mark� and it would be advantageous to :aise . the house up� under the circumstances. MOTION by Mr. Langenfeld, seconded by Mr. Peterson to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRMAN IiARRIS DECLARED THE PUBLIC HEARING CLOS'ED AT 8:10 P.M. . . . . . . . . . . Mr. Langenfeld stated he would like clari.fication of the item on page �+ of the Appeals Co�ission minutes indicsting that no permits had been granted to build a dwelling in the flood. plain areas in the last five years. Mr. Harris stated that in CRP-1 we couldn�t but in CRP-2 we could allow a structure, and they have allo�wed this. Mr. Harris stated that there was one 3ust recently. Mr. Langenfeld stated that the petitioner should be aware of the potential problems� and i� the Special Use Permit �ras granted, ar�y problems would be with the petitioner� and not the City. MOTION by Mr. Peterson, seconded by Ms. Schnabel to reco�end to Council approval of SPECIAL USE PERNffT �j8-12� by Roberta M. Spohn, per Fridley City Code� Section 245•157, 5, D� to allow the construetion of a new dwelling in CPR-2 Zoning (flood plain), located on Lots 25 and 26, Block T, Riverview Heights, the same being 695 Fairmont Street N.E. with the stipulation that a drainage plan be submitted at the same time the revised house plans are submitted. � Mr. Harris asked Mr. Boardman if there was a problem with Staff in granting the Special Use Permit. Mr. Boardman stated that Staff had no problem with the Special Use.Permit. -- __ __ "�"'� PLANNINv COMMISSION MEETING, OCTOBER 25� 1978 - PAGE 7 Mr. Harris asked how the situation with Wickes was coming. . Mr. Langenfeld stated that there was a statement in the minutes that the individual was unemployed� and wouldn't that be grounds to der�y credit. Mr. Storla stated that he thought employment was fair grounds because it Was not listed as unfair grounds. The individual felt she was being discriminated against because she was a woman� and Wickes stated they refused her credit because she was unemployed. Mr. Peterson stated that the minutes stated that Wickes policy was that anyone who was over 21 and eraployed was eligible for credit� and obvious],y she did not fit within their guidelines, so he couldn't see where there was discrimination. Mr. Storla a�reed that there wasn't illegal discrimination as far as he could see. Mr. Peterson stated that the way the minutes were written, it sounded ta him that Wickes had discriminated. Mr. Storla did not agree and stated that the Huaian Resources Commission felt that • problems such as this arise Y�ecawse of the lack of education of the public and people need to be educated as to what is legal discrimination and what is illegal discrimination. ' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLAR�'D THE MOTION CARRIED UNANIMOUSLY. . 8. RECEIVE COMMtJiVITY DEVELOPMENT C�MN►.ISSZON MTNU`I'ES: OCTOBER 1�, 1978: MOTION by Mr. Oquist, seconded by Mr. Peterson tq receive October 10, 1978� Community Development Commission minutes. Mr. Oquist stated that the Co�nnunity Development Comanission had started working on the Proposed Changes to the Zoning Code and had made it through the Definitions. Mr. Oquist stated that the Commissioners were not prepared to discuss this at their meeting because it was delivered to the hom�es with no instructions as to what was to be done with it. But they did make it through the definitions� and Mr. Oquist felt they had done a good �ob. Ms. Schnabel stated that the Appeals Cqbmission had a special meeting on October 24� and will have another special meeting `�o discuss the changea, and appreciated having the Community Developcmen�� Co�nissiou minutes to use as a guideline. Mr. Oquist noted that they had disc�iissed MnDOT and had sane of th� same concerns as the Environmental Quality Commi�sion. Mr. LangenPeld asked Mr. Boardmar� if a Commission member attends the MnDOT hearing, would the Commissioner be repre�enting his commission or the City� and could a coffinission member attend the hepxing as a commission member and state their con- cerns, or must they bccome a " �itizen" instead. � - PLANNING CON�tISSI0I1 N�E'1'ING, OCTOBER 25, 1978 PAGE 8 - • . ' , Mr. F3oardman stated that as a cammission member, you would be in effect repre- senting the City, because commissions are representative bodiea of the City Council, therefore any statements ynu would make or any positiou you would take ehould be looked at by the City Council. Mr. Oquist stated that on page 4� the first paragraph, they were not concerned about noise generated from the railroad, but from along the highway. Mr. Oquist stated that they are finding that the barri�rs. are fine for the people living along the highway, but the people a few blocks away find the noise is worse. Mr. Langenfeld stated that in regards to noise abatement, there are state%t�nd federal regu3.ations that must be adhered to whenever highway construction takes place such as certain kinds of material for surfacing, etc., and with this par- ticular procedure an environmental impact statement might be in order. Mr. Boardman stated that it would definitely require an environmental impact statem�nt. Mr. L$ngenfeld stated that he had noticed in the minutes that Conr�ie Modig had expressed concern regardin� the walkway�bikeway system, and asked Mr. Oquist if he felt his Commission had been bypassed in this particular instance. Mr. Oquist stated that they had made a point in two sets of minutes to bring that out and had received a letter from Mr. Dick Sobieeh giving reasons why it was not striped., but did not give reasons why they were not informed while it was happening. Mr. Oquist stated that they hoped they had made the point that before ar�ything was done on a bikeway�walkway they would like to be informed. Mr. Peterson stated that as chairman of the Parks and i�ecreations Commission� they are also concerned about the bikeways and walkways� and woul.d also like to be informed. Mr. Boardman stated that they were still going along with their plan to get them off the street, and they were budgeted for curb-cu�s next year and it would be • a year to a year and a half before they get the bikes off the street. UPON A VOICE VOTE, ALL V4TING AYE, CHAIRMAN HA�IS DECLARID THE MOTION CARRIID UNANIMOUSLY. 9. RECEIVE INFORMATION KIT: THE METROPOLITAN COUNCIL'S FAMII�Y HOUSING PROGRAM; NqOTION by Mr. Langen�eld, seconded by Mr. Peterson to receive the Information Kit: 2'he Metropolitan Council's Family Housing Program. Mr. Boardman stated that this was �ust for the Commission's information, and that he had given this to the City Council and the City Council had turned down the pro- gram twice, and he felt this would explain the pro�ram more. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN AARRIS DECLARID THE MOTION CARRIID UNANIMOUSLY. -�-• : -- ----- _--_ _ — -------, ____�__ --_ --_-- _ --- _ _ , . . ____ - -- - — . ; 27i � ,^' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 6, 1978 i I • The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. I ' . '-- by Mayor Nee. � PLEDGE OF ALLEGIANCE: I Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: i MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, �,_; Councilman Hamernik and Councilman fitzpatrick � MEMBERS ABSENT: None � PRESENTATION OF AWARDS: • � MR. HERMAN BERGP�AN, COMMUNITY DEVELOPMENT AND PLAPJNING COMMISSION: Mayor Nee presented a certificate of appreciation to Mr. Bergman for his services as a member of the Community Development and Planning Commissions. He stated the Council appreciates his contribution to the cor�munity and each Councilmember expressed their appreciation to Mr. Bergman. . i MR. DAVID SABISTINA, ENVIRONMENTAL QUALITY COMMISSION: � IMr. Sabistina was not present to receive this certificate of appreciation for � his services on the Environmental Quality Commission. Mayor Nee asked that the i certificate be forwarded to him. APPROVAL OF MINUTES: REGULAR MEETING OF OCTOBER 2, 1978: i � , MOTION by Councilman Barnette to approve the minutes as presented. Seconded I by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared ._, the motion carried unanimously. � REGULAR MEETING OF OCTOBER 23, 1978: i MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: i MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all veting aye, Mayor Nee declared ' the motion carried unanimously. OPEN FORUM, VISITORS: i There was no response from the audience under this item of business. ' NEW BUSINESS: � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 25, 1978: ROBERTA SPOHN, SP #78-12 AND 2 VARIANCES; 695 FAIRMONT STREET N.E.: �� ; Mr. Sobiech, Public Works Director, stated this is a request to allow construction of a single family dwelling at the northeast quadrGnt of Fairmont and Riverview Terrace. He stated a special use permit is requir2d since the property lies within the flood plain. i Mr. Sobiech stated the City has received no negative comment� from the Department of Natural Resources. He explained the proposed construction of the dwelling r � would take place above the known high water mark of the flood plain. " ! i � I � ---___�.___._____._._.._--- _-- ----_ __---------_�- --------------_---_.._____. ,e,.o„�... , _ _ -. . . --_ ._ . . _ �' : , _ _ _----------- - _ .. .. _. ._. _ _------- . �. _ ___ ___ __ _ _ _ � _ ; � __.._ � 272 ' r I REGULAR MEETING Of NOVEt4QER 6, 1978 PAGE 2 � � � . � � I Mr. Sobiech stated the Planning Commission has recorrmended approval of the I � � special use permit contingent on a drainage plan so that properties to the j � north and east would be protected. Ne stated a drainage plan has been sub- ; � mitted which would direct water to the street to be received by the storm � i sewer system in Fairmont Avenue. f � Mr. Sobiech stated one of the variances has been deleted regarding the size � ; of the dwelling, therefore, the two variances to be considered would be � � reduction ir. the minimum size of the lot from 7,500 to 6,420 square feet and � i a variance to the Interim Development Regulations for the Mississippi River Corridor Critical Areas to reduce the minimum setback from 100 to 80 feet. ' � I No persons in the audience spoke for or against these requests for a special use permit and variances. ( i MOTION by Councilman Fitzpatrick to approve SP ,#78-12 with the stipulation that the plan submitted is followed and acceptable to the City Engineer. ; Seconded by Councilman Schneider. ' ! Councilman Schneider questioned, if there was some future damage to this � j house from flooding, if the petitioner would have recourse back to the City. ', � � Mr. Herrick, City Attorney, felt the City has adopted reasonable standards ; and is taking the necessary steps to see that these standards are met. He stated the petitioner has been made a�.vare that this lot is in the flood plain � and knows what the highest previous flood experience has been and has re- � quested perrnission to build knowing the situation. He fe]t the City has � ! pointed these things out to the petitioner and has required reasonable safe- • , � guards. � UPON A VOICE VOTE TAKEN ON THE F+GOVE MOTION, all voted aye, and Mayor Nee � , declared the motior. carried unanimously. } i ; APPEALS COMMISSION MINUTES OF OCTOa[R 1,0, 19?8: ( ` i ROBERTA SPONN; 695 FAIRMONT STREETfN.E. : i � MOTION by Councilman Fitzpatrick to grant�j�the variance from the minimum lot i � area requirement of 7,500 square feet to�6,420 square feet and grant the , ! variance to the Interim Development Regy�lations for the M-ississippi River ! i Corridor Critical Areas to reduce the s�tback frem the required 100 feet to ': � 80 feet. Seconded by Councilman Schney`der. Upon a voice vote, all voting � ; aye, Mayor Nee declared the motion car,hied unanimously. � � D. W. HARSTAD COMPANY, INC.; rAST SIDE OF 7800 BLOCK ON HICKORY STREET: � ! i � Mr. Sobiech, Public Works Director, tated this is a request to ailow off- ' � street parking to be within 0 fec:t yif the lot line instead of the required , setback of 5 feet, to allow constry'ction of three wareh�uses on the east side � � of the 7800 block on Nickory Street N.E. Mr. Sobiech stated it is intended ! to have the variance request for all three structures, however, if the variance was not utilized within one year, it would be necessary for them i to renew or reapply. � , i i Mr. Dick Johnson, representing q. W. Harstad, requested they have the option � ; to extend the variance beyond ttte time limit. He felt they probably wouldn't ; % ; have construction completed wit�in the one year period, but felt it should ' % , be within a two year period. � , , , Councilman Hamernik indicate�l he didn't really have any questions regarding ; ; this variance since similar v�ariances have been issued on a number of other i parcels in this area. � i I r � I MOTION by Councilman Hamernfk to co+�cur with the recommendation of the Appeals ! ;� / ; � � � � i � i , . -- -----___----..- _--.-------__ __----- ------------ __-------- - _ :�r*. - CITY OF FRI�LEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 November 20, 1978 �.�I 7'( Ct�'.,i�C I!- � i ( ,i �^ i��-^ ir� .r�,,_ „ tJi� lr�:•,c.id ��,�.i��.�_ Roberta M. Spohn 3520 James Avenue North Minneapolis, Mn 5541�' Dear Ms. Spohn: �jn Noyember._6�__1978 ___._.—._� Lhe �r7��i.�y i;?ty (;c>�anci'i �',:r��i��.�i1�� n o�ed ��n;;� � ��c��a��t for variances for_695___Fairmon�.�. N.E. �.;{Lh il�;�� c;{�� i� �.�i c�r�� .��c�:� r� �1 r:��•r. � and Speci al Use Permi t, SP #78-12 �;•rc: nyf � !� ?Ci,+'�' t�� it�!�r' C .�_ .�Y., . '�.�.��i. f-'1Gu�,. re,�dieti th_ ��.:,_ ... .� .�i�t,':i. ..,, J, ��ic,�� '�i, sf.;: ._. ,�ent belo4•a, ��:.i ��i:�rr or�e copy t:� th�, Ci-t;� of 1=�,..idl��y. ':f y;�:u ��;v� ar��r ��t�-.. i;�icfi,� rc:c�:��ding �;i,e ��!.�,��„�� <>�.��ic;�i, p;cus� �.� i i �.hE: �,C;i?ii?„!lit�;' lJ�„1�.'.S�3F?�'�c'C;l i)f��10E_ i�t J� l-�`-!.��.�. Jllic:�l'ei,y , , �,., .....� ,;, - � -.-��r�f;�; :r. i '_ � .��-- _ ± .i,_�', _ i `�r,��.,i,.,,l.. . C11�Y f'L.:+P�:i;f�;t JL��/de St�in,.,l�:tions: None 1 . A drainage plan be submitted. 'i�i" i'Jlt,;',: u!:;t.'1011 t:ti�i_'tl. . �.