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SP78-06 . •' . ' � , � . � CITY OI� rRIOLGY h1INNIiSUTA �- "°' -'`�-� � • hLANNING AN� ZONING t�OltM . � NUMf3ER j� �'rJ�_C��o . TYPC Of� R�QUEST . • � APPLIC/lN1''S SIGNA'I'URti J\Q'Ih�// ,�11,��y-� . ______ Rezoning , �LL�� (,�CL r� Special Use Permit Address -Sa`/ ��c� - � Telephone Number ,�'� � 0 g O � Approval of Premin- inary � rinal Plat PROPERTY O�ti'NCR'S SIGN�'ITURE�e$� ' . Str�ets or Alley � . Vacations Address ��}�1L-. , Other Telephone Number 5F�/�L-� � (� Fe .�Receipt No.q'�o�� Street Location of Property �2.� �K�� Q.�'i-C� ��(Z`1 . . �. ►c,� e��C 1 2(1. � Legal Description of Property 1-.o i '7 � OcK � � � � � Present Zoning Classification �- � Existing Use of Pro�erty ��,vc., F9-v�� L �Ec:�i� Acreage of Property �i00U � Describe briefly the proposed zoning classificat-ion • or type of use and improvement proposed P,�.C�v��e �PP�ov� I o , �O tJ J��R._uL� �`�C U.uP ,�2 A�r � (t� 1��-� )'''ll9"� . Has the present applicant previously soug}�t to rezone, plat, obtain a lot split or � � variance or special use permit on the subject site or part of it? yes�no. . � Wha1: tiaas requested and iahen? � The undcrsigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezonin�) must be attac}�ed to tliis application. (b) This application must be signed by all os�ners of the �roperty, or an c�plar.atioii - ' given ��hy this is not the case, (c) Responsibility for any defect in thc pTOCCCd.l]1�TS resulting from the failure to list the names and adclresses of all reside�its and pxoperty owners of. property in Ruestioii, belongs to the undersigi�ed. . A sketcll of proposed property and structure must be dra��n and attached, s}iotiving the � follo�ring: 1. North Direction. 2. Location of proposecl structure on the lot. 3. Dimensions of property, pr�posed structure, and froi:t and side setLacks. , ' 4. Street Names. S. Location and use of adjacent existing Uuilciings (<<<ithin 300 feet; - ' The undcrsigned �hcrcUy cleclares that all thc facts and represcntations stated in this applicztion are true and correct. . DATE � �a3-- �8 SIGNATURF.fi s 1/ ____ (API'LICANT) � Y . �" / , %/. . ' Datc Fi led l� �23 `7� Datc of }lcaring �- ��j�-7� ,��-.; : �� Planninfi C�nunissio�i A��proved City Counci 1 Approtircd (dltcs) n4nioa �a:�tos� Denicd _ _ - _- , . , � _ � .�, � . � , _ , .,� . � � . _ . :;t � " . . ' 2 R � � � JOHN J. R�'A[ ROBERT NELSON, SP ��'78-06 1596 SELBY AVENUE, ST� � SCALE� 1 INCH �� _`_FEET 524 Rice Creek Terrace , ,.��`��°��s „n„ „'°'' pLAT OF SURVEY �� OF PROPERTY OF �Of�4'r��c=��'i' _ I ,, �i �/ y� LOCATION�� i�rf'�'/L.J T�/'c=�� %G/.��G� �///I?/:` -- — DESCHIBEO.AS FOLLOWS � G�S.�—�./yL�i__L �"'�� ! �-/'�"'�'�'� .r . ��'. _��. _ .��'�'' ��"' /.�.lr..�;, � __ :[. '---� `- - --�...--- 1� � 1: �� '': ��i - j � �� , ` J'-`�\ �I � ' � } I� `!�!� \�` • • � C, (; � �\ ^. . � ;, � ,1 p � �p z'' � �'o�' \ . �j 1 tio'� � r9 li � c+�'�'!' Q � I� � � . � � :� ��' nQ �G� . '� . ii ��v �� , � �� -s y,� � , ;i � 6, Q �. (0 �- , ?a � �� / �j� `% b; .� 4 ; �.\ � �� a �� . '� `�i . , � ��o. �JyR r .2� ', � �� / G.�' fQ . . W � � �� :, 2Q �� `� � o ti � .,\ �; 1�'. � , � /�w • , �d � `��v��.. �. ` . /�G. (� �� \ '.�`'` �`.\OQ �� - '`�` ' �, ,s;Q � � � - ; _ � , � ��.�<�- � �, � � i' 'li '" �c �y ,, , ♦. CERTIFICATE OF LOCATION OF BUILDING CERTIFICATE OF SURVEY I henby certity that on �� - 19 _.<L— I hereby certify thet on � � ` 19�_ � thla et�rvey, plan, or raport wa• prspued by me or under my thie aurvey, plan, or report �vaa prepared by ms or und�r my direct eupervision an� that I am raniy�Re�ist,red Land Sur- d'uect supervieion and that�I am a duty- red I.end veya und�the I�wyip(the Stateof Miqp�eota. Surveyor under the��ra ot�i�e State of Mtn . ; ��. �- �, 4 , .- r f , . � , . , -- + � ... -- -_y�----^---..�...___.._____.'__ Y�--s�'�- J.Gary Ryan,Re;utered Land Surveyor,No.t I S2q• �, " 1oAn J.RYan,ReQistered Land Surveyor,No.�4`9 �/� ` Paul J.Crane.Rc�utercd Land Surveyo�.No.A�1�� -- ' . :�r.� ' ..' ' .-.1.,s 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 Hall at 6431 University Avenue Northeast on Wednesday, July 26, 1978 in the Council Chamber at 7:30 P.M. for the purpose of: A request for a Special Use Permit, SP #78-06, by Robert Nelson, per Fridley City Code, Section 205.051 , 2, A, to allow the construction of a second accessory building, a 24 ft. by 24 ft. detached garage, on Lot 7, Block 3, Rice Creek Terrace Plat 4, all lying in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 524 Rice Creek Terrace N.E. Any and all persons desiring to be heard shall be given an opportunity at the above time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: July 12, 1978 July 19, 1978 1 .� .. . . . . " �: i � � . '.- . �i,'t;�yt;�_.�.`� , _ _ . � . . . . . . '... �... . .. . � - F,/1 .. � „ . ., ,:` 1'��, .... � : ; � , �: �.. . . _, a � ` . , , ,,� . t , , ; , f. : , ',�ri"> � , ...�, . . . ,. . . _ 4 � . . . ,. . . _ � � . , .. . , ` , ' . .� _ . ... . . : ' , ,. _ 3rt, " 1�' .. . . . . , . . . . . � . . . .. �a , . .' . . . -� . � - k . . : �t.� ` . ,,. ,. . -� . � , . - , . . � . . , . . . • , . . .. . . - . . _ . . , . . - .. . . . �a.� � . . ... . ` . ... . � , ' . . . . ' . .. . . ., � . ` , j,_ . . •'t' � � � � . ,. , ..,. :� .. . ..' . .:� ,�... . .'i . . . :; . :. . ��. .�. ... . . . . . . .. . . . � . , . . .� . ' .f. � .�,{, •L. �2 �. � . . �. . s . �� . � .. '� �- . � . � . ., . , . . . .. ' . � ... . � . . . . . _ , .� . . �.f?' � ' .' . . .. � . . � . . . , . . � � ' . �. . ., .. . ,. , . . .,. ' . .�. . p ' . � � . . .. ., . . � . . . � .t. . . , ' . . ,. , ... ' � � � .,. � �� ,.. . , . • . . .. . . . . . . . � . . .. . . . .r.-� . )�� . � � �' � � . , .� , . - . ._ .. ..f '. , . . , ,,, 's _.�:a . . _, ',''f. � ., , i. . i . . . � .. i. . . . a . .. ♦ 's,A ' o - . . � . � . . � .. .+. � � ' • , . .. .. .... ... .. . ,... .. .. . � . ... : , 'S :.. _ .�� Planning Commissio�� July 11 , 197� City Council MAILING LIST SP #78-06 ROBERT NELSON Special Permit Lot 7, Block 3, Rice Creek Terrace Plat 4 Mr, and Mrs. Daniel A. Gourde Robert L. Nelson �1r. and Mrs. �oran Edinger �'� 6800 7th St. 524 Rice Creek Terrace 536 Rice Creek Terrace � Fridley, Mn. 55432 Fridley, Mn. 55432 Fridley, Mn. 55432 Robert J. Hughes ��ir, and Mrs. i�aurice Meyer 1r. and Mrs. John Anderson 548 Rice Creek Terrace 560 Rice Creek Terrace �49 Rice Creek Terrace Fridley, Mn. 55432 Fridley, Mn. 55432 Fridley, Mn. 55432 � � Mr. and Mrs. David P. Persons :��r. and Mrs. Dowie Bouma Mr. and Mrs. Gar Kni ht Y 9 537 Rice Creek Terrace 525 Rice Creek Terrace 5I3 Rice Creek Terrace Fridley, Mn. 55432 Fridley, Mn. 55432 Fridley, Mn. 55432 Mr. and Mrs. Dominic Zawislak Mr. and Mrs. Stanley Hill Mr. and Mrs. Kenneth Brennan 497 Rice Creek Terrace 6726 7th St. h7I6 7th St. Fridley, Mn. 55432 Fridley, Mn. 55432 Fridley, Mn. 55432 �1r, and Mrs. Fred A. Saretta Mr. and Mrs. Richard C. Larson Mr� and Mr'S.Armond H. Grage 494 Rice Creek Terrace 506 Rice Creek Terrace 6830 7th St. Fridley, Mn. 55432 Fridley, Mn. 55432 Fridley, Mn. 55432 Mr. Jean C. Saxton Harry J. Windus, Jr. & Albert Mr. and Mrs. Herschel L. Koenig 6801 7th St. D. Windus 6810 7th St. Fridley, Mn. 55432 6811 7th St. Fridley, Mn. 55432 Fridley, Mn. 55432 Mr. & Mrs. James E. Jachymowski 6820 7th St. Fridley, Mn. 55432 ��. ' � J .,....� 2 � �___ ; .. ....."' k//4 COfy'I��ER _-- ROBERT NELSON SP ��78-06 ..— SEC./� 1J6 524 Rice Greek Terrace J'�ti;, .-_� ��{ .'Jea7� o G+S .. �`• �'q" � , .•• ,- -r.• �o � \ � , I (�49 rv 4 ^ ' ' ` � -,, `^,, � , �a; c�o5 ,,� � � ///��' ,^ �. �, � r: . �1.. �• . � ;.4Y<.S i�i•fitL;lfk� � . ��•i�' �`�'`'. �F } 6 ,.,\-�. � � � ' ) � � . '`.✓ ,..i � a .'�K l P�3� \�•:. `i`.�.�s�J ,�s t:! ..�i . n � r .1 <'�� r ��` , - `� \;,. \��s� E �y��r �I '' ' -..+e:......� �571 ,S'70 y,,.�, . . � c;' /�/ � , �q3� ,�,` „z:• —_ '� ' _ __- I�l�; rr. �"W : �� °:�� \ �a \ �2.3 -2,;, . i�t_ _ ^ � . �u ` �� + .� g � 561 , ' �'�j� ; •, ,,�° f 3 ls,s �r R �'- .. (.. 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'9;,u,�"�' k 6_$p��, c � 0�.� `�` 1a �/ � �— , `� /�, �.� o, ,,, ' ,r \�, $ � �`� . .� � \ �• E '�, ,=r�_ ,c�'`''�"' �S� �•' '6 76 y-- ;' `^ n 6 y <E: �'��,_ { ' �� _ � ° 5 70 , —� � / � . �, � a � P qb ` (� 4 , 9 ►�',J -.,Y°s� �� a; r�� a�,�� _ }��.�_ e �� ,� ,�, :� ;ti6� •.�. � , e _ �� L ��- b q 6 �: .,. `�1� �.e, .!1 ,�tp"�� r �'r'u�`m. ,�o \ q�� t� ��+,- � � y �4,�J^ ^ �z:9 v7A7��_�,�'ti . � . � V �C(1 r.- , � � ''�'l . . `y ,+ Y 6 � . ° '� 'g '��" �'��`,�q51 ��' � 45g � �`6>, �'� '° � 6135 � 26� `" �� '67�a„� � i : '� � ' �� , 3 ��^ 3b :;•� -';;� �:I C , y \ �0_ ��;�� .ti' pA��/ � 6. r� _ G �737 ,_ 9� .. ►� !" /i � ; ,� . ., _ „ � �,�1�• ` .�S ._ �a 67��s � � Q ��,-_ . __ r.. �'��'�J3 `.\A '' ;,�°440� � � � � �� .. . . � 2G "Z7 � � {,° ' , � 419. ,• . � ,.�_ ° �� .:-;cr : � r ,�,.�r , � r 67�� — �� -�< �.. .-r � � � 6 ,. �.- ,� � ,,,.. . �o J � __ o..r t t� _ •°.�, �� .,,.,� ' ,' .6716 � � : : °' � �71��_ �' (� i l 6 � �/ �>. 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' • ,w.....:,, , '•., ;' n ';.,�, sn ��.., -: , .,� r• �: ;' ��cFy c�� 4:zy 5.32 .5"ti', 5ti(3,�'S� ScS 5' S7Z ,SFt� �f i ✓/A . �r�h_.� �:JV� `7"I♦. �'�.+�,. �}[� I�ril 14`?v� ' �i��i�) 6 .'✓•�"� .. �.. � ,. . .. ._ w ,... . _ (�fficial Pu bLcation) PUBLIC HEqR1NG BEFORE THE PLANNING TO COMMISSION WHOM IT MAY CONCERN: Notice is hereby given that there , will be a Public Hearing of the Plan- ning Commission of the City of Frid- 1eY in the City Hall at 6931 University Avenue Northeast on Wednesday, July 26,igyg�n the Council Chamber at 7:3p p,m.for the purpose of: A request for a Special Use Permit, SP #7g_pg, by Rohert Nelson, per Fridley City Code; Section 205.052,2,A,to allow the construction of a second acces- sory building,a 24 ft.by 24 ft.de- tached garage,on Lot 1,B]ock Rice Creek Terrace Plat 4, all lying in the North Half of Section ' 14, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 524 Rice Creek Terrace N.E. Any and all persons desiring to bE heard shall be gi�en an opportunity at the above time and place. RICHARD H.HARRIS Chairman Planning Commission IJuly 12&19.19781—SB8 CITY OF FR�DL.EY. SUBJ�CT MlNNE9C?TA CC'�RVIMISSION APPLICA'�ION R�VIEW Ue ment ivisiom� Numbc�r � ev a99 Approved by pate " � / � . . . . .. � ....�- ;�. / FIL� NO/ ADORESS �J FILE E - COMRLETE REVIEW CHECKLIST -,`��'�.'��, '_ ;.;�✓ .�.�4�� j,� '`;,� ' x f,�,..c .�..� , RETIJRN TO PLANNING � � . ou� ATE � � ___; G��'c,c�-.- .f .r=�. ,..� > L`OMME TS rrel n � . � �� , ,�.�,�..�...:�. ti.�� -t. v . -l. ; _ � ,� - 1 R;S v�'c �L./�c�mC�N T �F� �'� �� > �n�-.� C��l/ y s�-G E- �j C/'f��i T'S` �r'�S G c�- r�.� f . �� CITY OF FRIPLTY • � PL/1NNING C,OMMISSION MT�TING - JULY 26, 1978 CALL TO OR�TR: Chairperson Harris called the July 26, 1978, Planning Commission meeting to order at 7: 43 P.M. ROLL CALL: Members Present: Storla, Harris, Modi�, Schnabel, Langenfeld Members Absent: Oquist (Modig representing) , Peterson Others Present: Jerrold Boardman, City Planner APPROVE PLANNING COP�NIISSION MINUTFS: JI1LY 12, 1978_ MOTION by Ms. 'Schnabel, seconded by Mr. Langenfeld, to approve the July 12, 1978, Planning Commission meeting minutes. Upon a voice vote, all voting aye, the motion carried unanimously. 1 . PUBI,IC HFARING: RE�UFST FOR A SPECIAL USE PERMIT, SP �#78-06 BY ROB�RT NrLSON: PER FRIDLEY CITY CODF, SECTION �:�, "�7i'� � NSTRUCTION OF A SECOND ACCESSORY BUILDING, A 24 FOOT BY 24 FOOT DETACHED GARAGE AT 524 RICE CREEK TERRACE NE. THE LEGAL DESCRIPTION OF THIS PROPERTY IS I,OT 7, BLOCK 3, RICE CREEK TERRACE, PLAT 4. . MOTION by Mr. Langenfeld, seconded by Ms. Modig, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 7: 1+5 P.M. Mr. Robert Nelson of 524 Rice Creek Terrace NE was present at the meeting. Mr. Nelson said that the outside dimensions of his attached garage was 20 by 20 feet. He said that he needed the extra space because he owned three cars, ttivo motorcycles, snoti�iblotiver, la�vnmower, and various other items. He said that everything titrould not fit into his present garage. He said that he would be tivilling to place the garage on either the rear Northeast or the Southeast corner of his lot. He said that if it was positioned on the Southeast ed e of his lot the drivewa would o out onto 68th Avenue.rather g y � than onto Rice Creek Terrace. Ms. Schnabel asked if Mr. Nelson planned to use either of the ara es for an t e of home business ie re air work etc . g g Y YP � P � ) Mr. Nelson said that it crould be used only for the storage of his belongings. He said the only repair �vork done would be �vhat he would do on his own cars and engines such as o3.1 changing or tune- up s. ( PLI�NNING COMMI�STON MTI;TING - JULY 26, 1978 Pa�;e z � . �' � Mr. Nelson pointed out that Pdestern Gara�e Company would be building � the second accessory building. `� �'. Mr. Boardman explained the setbacks that tivould have to be adhered � to if the gara�e ti�rould be positioned at the Southeast Corner of � Mr. Nelson' s lot. He also explained why the �ara�e should not � be placed at the I�lortheast corner. He said that once the setbacks � v�ere met� there vrould be very l.ittle room left for a drive-way going to the rear Northeast corner. Mr. Langenfeld asked if Mr. Nelson now wanted the Planning Commissio n to consider the positioning of the garage at the Southeast Rear Corner of the lot vrith access to the garage off of � 68th Avenue. � Mre Nelson said that he would position thE garage at the rear Southeast Corner of his 1ot. � Mr. Doran Eding�r of 536 Rice Creek Terrace said that he vras not � in favor of the garage being constructed at the rear Northeast ` corner of the l�t �vith the drivetiFray off of Rice Creek Terrace. � Hoyrever� he said that he did not object to the location of the 1 �arage at the Southeast corner of the lot with access off of � 8th Avenue. He said that he did believe that Nir. Nelson needed � the additional space and he did not object to his having a second � accessory building. He said that he could not anticipate any ' problems. ' r Dan Gourde of 6800- th Street NE said that if the garage was � M . 7 placed at the Southeast corner of Mr. Nelson' s Iot� it vaould be � adjacent to his house and garage. He pointed� out that his garage ; v�as 50-60 feet from the street. He said that if the building I was a1loti�red, he ��Jou1d tvant the garage placed at the same setback � as his garage so that there tivould be an even line of sigi�t. He � also pointed out that the curbing on that street �vere very ne�v and he really hated to see it ripped up so soon. � i Mr. Gourde said that there. tivas already a drive�vay to the North � of his property line. He said that he did not like the idea of � having ti�ro drivelvays abutting his property. He felt that they � would act as a detriment to the value of his house. � Mr. Gourde said that he tivas opposed to having the drive�vay off of 68th Avenue. He felt that the neighborhood �tras already developed and the rear yards �vere presently all open. He said that there ti�rere no other buildings located in �he rear yards and he didn't crant to see a precedent set by allo�ving the ' � construction of the second accessory building. - 'PLIINNING COT�INITSSTON MrTTING - JUI�Y 26, 1978 Pa�;e 3 Mr. Richard Larson of 506 Rice Creek Terrace said that he was ' mainly concerned about the adverse effect of property values on � the adjacent land ovJners. He said that the rear yards �vere relatively open and there were no other buildings located in the rear yards. He said that the construction of the garage at that location ti��ould cause the removal of a tree and he didn' t believe that v�ould be good for the aesthetics of the property. He said that even thou�h 2�Ir. Nelson didn' t plan on any outside business bein� conducted, the property could change hands and the ne�r ovrner could decide differently. Mr. Larson said that any detached building �Fras undesirable. He felt that the adverse effect of property values should be considered in the Planning Commission' s deeision, Mr. Dotivie Bouma of 525 Rice Creek Terrace said that he tivas also concerned about the advarse effect of property values. He said that most people had items that they can' t store in their garages. He said that through-out the area there v�ere storage ti�rarehouses that were built for the main intent of aiding property oti,mers in being able to store items that they didn' t have room to store at their residents. He suggested that P�Ir. Nelson store any seasonal items in one of the tixrarehouses. Mr. Richard Fischbach of 6810-7th Street NE said that Mr. Nelson presently had a nice rear yard. He said if he put the garage in the rear yard he i�rould have to take out some fencing and some trees. He really didn't feel that the gara�e tivould look nice and the adjacent nei�hbor should not have to look at a garage. The entire openess of the area tivould be gone. Mr. Nelson explained to the Commission the contour of his lot. He indicated hoti�r he planned to position the garage. He did not feel that the gara�e could possibly cause any undue hardship to the adjacent neighbors. He said that the top of the garage b�rould not be much over the natural incline already present on the lot. He said that the tree that seemed to concern the nei�hbors tivas a weeping r�illotiv tree that had to be taken dotixm anyti�ray . He said that vrhether or not the garage rrould be located at that location� the tree ti��ould still be removed. Mr. Nelson explained how he came to buy: in the area. He said that he presently considered remaining in that house for a long time. He said that there ivere no plans in the future of a move. He said that they now had a house and an area that he and his family liked. MOTION by Mr. Langenfeld, seconded by Mr. Storla� to close the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimoulsy. The Public Hearing eras closed at 8: 19 P.M. PLI�NNING cor�r�z"�ION MI;ETING - JULY 26, 1978 Pa�e 4 Mr. Lan�enfeld indicated that he was tiveighing both sides in trying to make a fair decision. He felt that the accessory building should be compatible vrith the surroundin� area. He said that it vras the property ormers yard. He also said that if Mr. Nelson did not have an accessory building, he coula very well store the iteins in the yard. He said that he vras concerned about the aesthetic value of the area. Chairperson Harris pointed out that the burden of proof for denia]. ti�as upon the city. He said that in the case of a denial the Commission vrould have to list the reasons. MOTION by Mr. Langenfeld, seconded by Mr. Storla� to recommend approval of the request for a Special Use Permit, SP #78-�6 by Robert Nel�on: Per Fridley City Code, Section 205.051 �2��, to allotiv the construction of a second accessory building, a 21� foot by 21�. foot detached garage at 52�. Rice Creek Terrace NE. The legal description of this property is Lot 7� Block 3� Rice Creek Terrace� Plat 4, v�ith the stipulatiors that the garage be located at the Southeast corner of the rear lot tvith access off of 68th Avenue and that all easement and setback requirements are met; and that the alignment of the second accessory building be as closely as possible tivith the abbutting property o�vners structure vrithout causing undue hardship on the petitioner. Chairperson Harris suggested that Staff help tivork out the best location possible for the second accessory building. Mr. Langenfeld read a portion of a memorandum from the City Attorney to the City Council regarding Special Use Permits; "If evidence is presented at the hearin� that the requested use is compatible tiFrith the basic use authorized �vithin the particular zone and does not endanger the public health, safety, or general welfare of the area effected or the community as a tiFrhole and complies vrith such o-ther standards as specified, the Special Use Permi�t should be �ranted and a denial tivould be deemed arbitrary� unlawful� and in violation of the applicant' s cons�itutional rights.�� Mr. Gourde �ranted the driverray accessing the second accessory building to be the same as his drivetirray. He tiJanted some excavating done so that there 1�rould not be the four foot drop from his property to the proposed drivetiRJay. Mfi. Schnabel felt that it vrould be an undue hardship to the applicant. Mrs. Marilyn Larson of 506 Rice Creek Terrace said that the additional drivetix�ay onto 68th Avenue ��rould cause a safety hazard. She said tha� 68th Avenue was a well traveled street and she �vanted that considered if the drivetivay cvas to be allo��red. She also pointed out that the area ti�aas developed tirith homes having attached garages. She said that by allowing P�Ir. Nelson to construct a separate building in the rear of the property may set a precedent. She said that if everyone decided to have the second accessory building� the area tivould become very aesthetically unpleasing. � � _ _ _ 1 � P:I,/�NNING COMP�II�SION MrETIPdr - JULY ?_6; 1978 Pa�e 5 i Mrs. Larson pointed out that the Ulope of the land in question was an important issue. She said that problems could develop if the garage vras constructed r��ithout considering the lay of the 1and. P�r. Langenfeld pointed out to the people opposing the motion that he had tiveighed all the statements and concerns expressed by a11 the people. He said that he had to abide by the rules and even after listening to everything being said he did not feel there ti�rould be enough information to deny the request. Mr. Storla said that Mr. Nelson had seemed very flexible crith anything that �vas being su�gested. He said that he wanted the gara�e and tivas agreeable to ��hatever stipulations the Commission �ir�n�ed to put on the approval. Mr. Langenfeld said that the request ��aould go before the City Council on August 7, 1978. He told the people in the audience . that they should also attend that meeting. Chair erson H arris said that the action of the Planning Commission p was to recommend an action to the City Council. Chairperson Harris explained that Mr. Nelson would have to abide and adhere to all the Building Codes. He said that the construction� the materials used, and the general design of the accessory building �voul.d have to conform to the existino structure and lrould have to be approved by the Building Department. Chair erson Harris said that he did not share the concern of the P � the nei hbors He nt� al as tiras alluded to b some of . grade differe i y g said that he did 3ook at tlze property previous to the meeting and he said that the minimum grade of the structure tivould have � t e said that �;�ith those statistics to be 18 inches to '�1J0 fee . H the grade differential ti�rould only be approximately 3 feet. He said that it a eared there �ras enou h land bettiveen the structures that P g P the accessory building could easily be handled. Chairperson Harris said that he did share the concern of the surrounding property ovrners that a precedent could possibly be set. He said that the Commission had to keep in mind that the Special Use Permit cras granted to the property and not the person. He said that he ti�ras not certain that the structure vrould be in concert �vith the rest of the neighborhood; however� he said that with Mr. Langenfeld� s reading of �he directive from the City Attorney, the Planning Commission �vasn�t left lirith much choice because there vras no real proof that the construction of the second , accessory building �vould be a health, safety, or general ti�relfare hazard to the neighborhood� He said it tivould be. very difficult for the Planning Commission to deny the request. — .� - - PL/�r1NING COr�tZIS�IOTI MTT:TIrIG - Jt1LY ?_6 1 8 Pa e 6 � � I , � � Mr. Boardman said that home occupations are not allo��red to be E carried on in accessory buildin�s. He said that if any�ne did ; conduct a business out of an accessory buildin� they tivould be in violation of the City Ordinances. Mr. Nelson said that a complaint from any of the neighbors that they felt a business tii�as being carried on in the accessory building lvould bring immediate action from the City. UPOTd 11 VOICE VOTE� all voting aye, the mation carried unanimously. The Planning Commission' s recommendation for approval of Special Use Permit, SP ��78-06� with stipulations 1ras sent on to City Council. 2. R��T FOR l� LOT SPLTT L S ;� 8-0 BY P,OTS ��AARA EDITdA . RI�L'�LT�: SPLIT GI'F THE ':dEST 100 FEEi GF T ' E�?ST 200 F��T AS MLASURFD IiLOP1G THE NORTH LINE� OF LOT �� BLOCK 2� HAYES RIVER LOTS, THIS PI�RCEL Y'JILL BE ADDRES,S�D AS 11{.0 C�IARI.,I�S STRF�T NF, Mr. Boardman said that there tivas setiJer and v��ater in Charles Street. He said that the property in question t�as zoned as R-3. He said that y�ith the split off of the property�� there �irould be approximately 10�500 square feet of land that could �e developed tivith a duplex or triplex. He said that there vras a�i. existing house on Lot B. Mr. �Vaara said that the intent lvas �o split off the vresterly 100 feet of th� existing lo�t. He said;that the plans crere to aeve_lop �arcel A ��ith either a duplex or a triplex. He s�id. that the ' triplex �Jro�ald only be considered �if a suitable plan could be found, �Ir. Boardman said that the Cit�` ti�ould require five foot easements on all sides of the lots. In ;�ddition� he said that the existing utility easement along parcel'�B be extended to 20 feet to allotiar for BikeiJay/��"Jalkti�ay easementfi as t�rell as the d.rainage and utility easements. / `;; Chairpersan Harris asked ' f they came up ��ith a triplex plan that cnuld meet all the rking and easements condition� tvould that be planned for the ot. Mr. 4Uaara said that ba '•cally a duplex ti��as being considered. He said that from an inv tors standpoint, they ti�vould like a triplex; � hotivever, he tivasn't su e that all the requirements could be met on that particular lot. ; Mr. Z'Yaara said that they �vere requesting a lot split and that they �� tivould ��ork out the details jvith the Building Department. � . ; . I � � � l � � , � �� - � �- . A�7�...._. . . . . .. ._ . . . .. _. ... . . __ ...... . .._.. _. _____..__....___..__..._..__._. _ _.._._ .___._._ '.____ ___. .' .... _.._'._ _....__._ . . . 187 1 THE MTNUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AU6UST 7, 1978 � The Regular Meeting of the Fridley City Council was +called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: � . Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. I ROLL CALL: I i MEMQERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman � Hamernik, Councilman Schneider and Councilman Barnette � MEMQERS ABSENT: None � i APPROVAL OF MINUTES: - � � PUBLIC HEARING MEETING, JULY 17, 1978: ; MOTION by Councilman Schneider to approve the minutes of July 17, 1978 as '� presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting i aye, t�layor Nee declared the motion carried unanimously. � ADOPTION OF AGENDA: � MOTION by Councilman Barnette to adopt the agenda as submitted. Seconded � by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee j .' declared the motion carried unanimously. � � OPEN FORUM, VISITORS: . ! � � ' . There was no response from the audience under this item of business. ' NEW BUSINESS: I' i r CONSIDERATION OF SETTING PUaLIC HEARIN6 FOR 1979 BUDGET ON SEPTEMBER 18, I i 1978. i • MOTION by Councilman Hamernik to receive the proposed 1979 budget from the i City Manager. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � i MOTION by Councilman Schneider to set the public hearing on the budget for I September 18, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING TNE MINUTES 0 PLANNING COMMISSION t4EETING OF JULY 26, 1978: I ROB[RT NFLS , SP #78-06, 524 RICE CREEK TERRACE: i Mr. Sobiech, Public or s Director, stated this is a request for a special ' use permit to allow a second accessory building at 524 Rice Creek Terrace. • The Planning Commission did hold a public hearing and recommended approval ( of this request with the stipulations that the garage be located at the ; 1 . southeast corner of the rear lot with access off of 68th Avenue and that • � all easement and setback requirements be met and that the alignment of the second accessory building be as close as possible with the abutting prop- erty owners structure, without causing undue hardship on the petitioner. Mr. Sobiech stated, it should be pointed out, there were num�rous objections from surrounding property owners regarding this request for a second access- ,. ory building. � I Mr. Nelson, the petitioner for the special use permit, appeared before the ; Council and stated he recently purchased the house at 524 Rice Creek Terrace , and, although it does have an attached garage, extra storage space is needed � i � . I , � ___.___ ___ _ _— ------____ ___.. � __ ___ ___ _ __ ---- --_. _. � . - _____ ___._-_-_ ____.__ ___ ._.__--.._ __..__._--._ _. _, _. - __ _ __ __ ___. ____— . _ ___ _ . ' . � I�H REGULAR MEETING OF AUGUST 7, 1978 PAGE 2 . as he has three automobiles, two motorcycles, bicycles, a snowblower and lawnmower. He stated he �aould like to keep �hese items housed inside and this is not possible with his present garage. � Councilman Hamernik asked P1r. Nelson if he had given consideration to ex- panding the existing garage. Mr. Nelson stated he has, but it is quite close to the lot line, and the garage was built short of the roof line. He also stated there is a large slab in the back which they use as a patio and he felt it would be easier and more economical to put up a second structure. Mr. Richard Larson, 506 Rice Creek Terrace, stated he lived directly across the street from Mr. Nelson and felt construction of the accessory building � would detract from other properties and have an effect on the valuation � i and asthetics of the area. He felt a precedent would be set, if the special � use' permit is granted, and didn't think it was in keeping with the neigh- iborhood as it presently exists. �i Mayor Nee asked Mr. Larson if he would feel differently if the structure was attached to the house, possibly on the end toward 68th Avenue. �C Mr. Larson stated he was not sure how this would fit in with the house so it would be difficult to answer . He stated he would not be pleased � � with a driveway that would open toward his property. . I Mrs. Barbara Hughes, 548 Rice Creek Terrace, indicated she was concerned i about the noise. She also stated she would like any garage opening to be on 68th Avenue and not Rice Creek Terrace. Mr. Sobiech stated, as far as the noise, it is his understanding that the accessory biailding is mostly for storage, but that Mr. Nelson may do sorne work on the family car in the building. He stated, if the noise got . to a point where it was a public nuisance, the City would monitor the ' situation. � Mrs. Hughes pointed out there are State regulations regarding noise control , and they can be enforced. , Mayor Nee stated he felt the State regulatioris indicate the noise has to be at a certain level over a per�iod of time and felt the noise Mrs. Hughes was referring to wasn't prohibited by the State. Mr. D. G. Zawislak, 497 Rice Creek Terrace, pointed out there already is a double garage on the property and was wondering why Mr. Nelson purchased . the house if he needed more storage. Mr. Dan 6ourde, 6800 7th Street, indicated his concerns are the same as Mr. Larson's. He felt by allowing this second accessory building, it would set a precedent to allow other persons in the Cit,y to request a second garage. He felt they would also be destroying property values in the neighborhood and another driveway would be added just north of his property. Ne felt this would be a detriment if he wanted to sell his property. Mrs. Marlene Knight, 513 Rice Creek Terrace, stated when they purchased their house in October, their title stated there were to be no unattached garages in the corrmunity. She stated, therefore, they purchased their home with the understanding that they couldn't put up another garage. I Mr. Dowie Bouma, 525 Rice Creek Terrace, stated he has been a real estate I broker for 16 years and is well aware of the effect this second accessory building would have on the neighborhood. He stated the homes in this area range from $60-�90,000 and if you start adding double garages up and down the street, it would have an adverse effect on each and every property. He indicated he would be in favor of rejecting the request for the special � ' f _�—._�_—__ __ --------_---- . — ----- _---- .�---- _------- -- --_ - ____ _ ___------------- —.r,,.,, . . _ _ _ _ _ _ __ _ .. I �. , . . lgg ; . � ' � REGULAR NJEE'TING OF AUGUST 7, 1978 PAGE 3 I� ! . . use perm9t. i Mr. Nelson stated there are other detached garages on Rice Creek Terrace and he personally feels it would be better to have another garage than to ! have items sitting in the driveway. He stated he moved out of his home ; , in Co7umbia Heights because he ran out of room and spent time looking • ' for Qroperty where he could put up another garage. He stated he talked ; with the rea]tor and someone at City Hall and was told this was acceptable. , Mr. Neison stated one of the main reasons for purchasing this home was ( : because he needed the extra room and felt he could add on. Mr. Nelson ; � stated he didn't come in to the neighborhood to put a blight on anyone, but felt storing items outside are worse than having the accessory building. Mr. Nelson stated he isn't aware of any covenants in his abstract of title � which wou7d prohibit him from building the accessory building. ' Mayor Nee questioned the nature of the covenants in Mrs. Knight's title. Mrs.Knight stated, when their attorney examined the title, there was a paragraph that was very specific as to what you could or could not do as far as unattached garages. Counc9lman Barnette asked if the residents would have the same objections, if Mr. Ne3son mere7y built a storage building, with no driveway. Mr. Larsfln sta�ted, speaking on his own behalf, it would depend on the - locati�n, s�ze and design of the structure. He stated he would not find . � it as undesirable particularly if it was a smaller structure and didn't have the driveway and a large garage door. � � Mrs. Hughes stated she would have no objections to a storage building, ; as long as it faces on 68th and there is no noisy activity. She indicated, ; however, there are a lot of places to store off-season vehicles other than ' on your own property. , , � I Mr. Gourde stated fie would have no objections to a storage shed. He stated this would e7im3nate the driveway and wouldn't be as large as the accessory bui7d-ing proposed by Mr. Nelson. Counci7man fiamernilc stated a number of the neighbors expressed a concern about the comment at the Planning Corrrtnission regarding the burden of proof for denia7 of tt�e special use permit. Mr. Doug Klint, acting City Attorney, stated the City doesn't have the initial burden of proof as it is on the applicant to show that his request for i the specia7 use permit complies with the requirements of the City Code. j He stated the petitioner would have to show that the application would not adversely effect the safety and general welfare of the neighborhood. � He stated, from this point, the burden is on the City for showing a reason for deny-ing t#�e special use permit. Mr. Doug Klint stated the courts have shown that mere aesthetic reasons are not sufficient for denial. Councilman }�amev�ik stated, at this point, the Council has testimony from a person who is a real estate broker regarding property values, althouyh they don't have any official testimony from an appraiser on his evaluation of the situation. He stated there were a number of comments regardiny a precedent being set concerning second accessory buildings vrhich he agrees does create some concern in his mind. He stated he didn't really feel the City was p3anned with this in mind, that is, putting up second accessory � ' buildings on every lot. He felt this would be a great detraction from the area, if this took place. Councilman Hamernik felt the proper way to approach this would be for an ordinance change so that there was adequate control. Mayor Ne� t3��vght the ordinan�e is clear that it is prohibited. . Mr. Sobiech, Pubiis Works Director, stated this is permitted with a special ; use permit, and prohibited without the special use permit. � . ; . � � . . i --- ---=--.....______--- -------- _ _ _ : _ _. __ , _ _.. _. -—.. _.__ �_ 1 . . .. .... ... ........ .. . ...... .. _ .. .._... . .__ . � _. ... . _.___...__ ....._.. ... . . _.__ . . .._.. A i ... ... . . ..... .. .._... .. .... ...... .._ ._. ' 190 . . i � � • _ RE6ULAR MEETING OF AUGUST 7, 1978 PAGE 4 � �'� Councilman Hamernik stated his point in bringing this up for discussion ; is that the general public probably has a misinterpretation as to how ; the ordinance reads, as he felt they interpret it as being acceptable, without the special use permit. i . � Mayor stated he generally agrees with Mr. Nelson that it would be favorable I , to get the vehicles under cover and stored inside. He stated this is why �' the question was raised of extending the garage in order to obtain the i needed space. � Councilman Barnette asked if the City can really say, by adding this accessory ; building, if it would lower the value of homes around this property. I i Mr. Doug Klint, City Attorney, stated the Council would have to be the final � judge and weigh the evi'dence. ! Councilman Fitzpatrick stated they have been told aesthetics are not sufficient j reason for denial , but diminuation of the value vaould be, yet the diminu- � ation depends on the aesthetics. ; Councilman Hamernik stated, at this point, he is in the position to recommend � denial, however, if the petitioner feels, for any reason, he would tike i action delayed, he would give this consideration. � � �� Mr. Nelson indicated he could see no reason for Council to delay action on the request. � � MOTION by Councilman Hamernik to deny SP #78-06, as filed by Mr. Robert i Nelson, 52� Rice Creek Terrace, on the grounds that the addition of a j second auxiliary storage structure, such as proposed, would have a diminutive effect on the area which has been maintained and a precedent would not be set by denying Y.his request. Seconded by Councilman Barnette. Councilman Schneider clari�ied that they are not allowed to consider the ' aesthetics of the situation, but if the adverse effects diminish property l values, then this can be considered as a reason for denial. • � ; Mr. Doug Klint, City Attorney, stated it is a very close legal question j j and the reason for denial would have to be determined by the Council. , � In this case, he stated, the fact that the Planning Committee recommended � ; approval should be given considerable weight. i i UPON A VOICE VOTE, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Darnette praised the Nelsons' motives, and hoped something could. be worked out so that they could get things inside a storage area. � Mayor �Jee stated he also shared Councilman Barnette's feelings and hoped Isome other alternative could be worked out. Councilman Namernik stated he was concerned to the degree that he is wondering, in searching the ordinance, if perhaps Mr. Nelson wasn't misled. He felt ', the Planning Commission should review the ordinance for possible clarifica- tion. � MOTION by Councilman Hamernik to recommend that staff bring this ordinance before the Planning Commission for their review and further discussion i for possible rewriting for clarification. Seconded by Councilman Schneider. iUpon a voice vote, all voting aye, Mayor Nee declared the motion carried i I unanimously. � ROD WAARA, EDINA REALTY• L.S. #78-04, 140 CHARLES STREET: Mr. Sobiech, Public Works D.irector; stated this is a request for a lot isplit for a parcel of property in the southwest corner of East River Road � r I . I _ ---____ _-- _ __. .__ _ _ _ __ ___ . - _.__ _ __ __. __ _ _ - ----------------- ... . � ��+,�cz 1�� 1 . ��,� .�,�� CITY C�� R�DLEI�' � � � '�� 6431 UNIVERSITY AVENUE N:E., FRIDLEY, MINNE50TA 55432 � '�� ! ��'': `' l TELEPHONE ( 612)571-3450 i August 16, 1978 . i � • i CITY COUNCIL ;`� a-`'� AC7ION TliF;EN NOTICE ; � � + . ' r. � ;, "�� Robert Nel son • ;, ` � 524 Rice Creek Terrace { Fridley, Mn 55432 ' � Re: Special Use Permit, SP #78-06 i � . � Dear Mr. Nelson � i On Au ust 7= 1978 , the Fridley City Council i officially �i�?�X�p7��(��X�(��(�X�" denied your request for a Special Use Permit ; with the stipulations listed belo��. � r � i *� r�oted sti ula�ions si n �:he statement below and P1 ease e� ew ..he p , g , return one copy to the City of Fridley. '• i � Tf y�u h��de any questions regarding the above action, please call � �he i:ommunii;y Developrnent Uffice at 571-3450. ' � ; � � Si . �y� ' f . , % t � ____._---- . r {;OLD L. 6UARO�AN ITY PLAN�ER JL[i/de � $t'{ )U�dt10T1S: � :t i ! . � � _ • t 1 � G t � _ • � s Concur �vith action taken. t . , . t c � � � . P . 1t ! , . • f — _�