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SP77-03 . / . 3� ,/� CITY OP rRIDLGY MINNCSUTA �� I ,,/;7-- • "" % �� PL/INNIN6 /1ND ZONING POfth1 Nllyd6ER 7 � ��3 . TYPB OF REQUEST • APPLIC/W1''S S IGNATURL'• ;�,.��c.� ��r�—`'" . Rezoning Address 7240 Colorado Road No. �_ Special Use Peimit � Telephone Number 566-7848/781-7484 Approval of Premin- inary � Final Plat PROPERTY OWNCP.'S SIGNATUR� � � Streets or Alley � � Vacations Address 6434 Riverview Te ace � . • ' . Other Telephone Number 560-4560 � � � �; �y�� Fee IZD Receipt No, �5�'7/Z Street Location of Property 6431�E. River Road . Legal Description of Property See attac hed Present Zoning Classification R1 Existing Use of Property vacant Acreage of Property 566 Describe briefly the proposed zoning classification � or. type of use and improvement proposed special use permit to allow 2 ' duplexes (double occupancy) Has the present applicant previously sought to rezone, plat, oUtain a lot split or variance or special use permit on the subject site or part of it? yes X no. � What �vas requested and ialien? � The undersigned understands that: (a) a list of all residents and owners of property k�ithin 300 feet (3S0 feet for rezoning) must be attached to this application. (b) Tliis application must be signed by all o�vners of the property, or an explanation gi.ven why t}iis is not t}ie case. (c) P.esponsibility 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 c�uestion, belongs to tlie undersigned. . A sl:etch of proposed property and structure must be dra��l and attached, showing the follo►ving: 1. North Direction. 2. Location of proposeci structure on the lot. 3. Dimensions of property, proposed structure, and front 111C1 Side setbacks. . ' 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet). ' The undersigned her.eby declares that all the facts and representations stated in this application are true and correct. , _ � - . �-'`�,��. � `..��-�`"�.� � UATE March 30, 1977 SIGNATURE � �:�,.1 � i --�---;--�.�; (Al k'LICA� ) � r;:� �!-,��,i`�(� •. Date Filed ��/� 7�_ Date of tteaxing ,� � � 197� Plannia�g CommissioYi A��provcd City Council Approved {dates) Denied (dates) Denicd . ... ..i 1 .�.:.! +�,+�e. L�,;� w� / ' ��-�� PVilfoli�lESOTA VALLEY �, ; , ��, � ,,,, �,,' °��`�)��. � IJRi/ � YOR i � E � GIi�lE � RS CORP . 0 � � a� ;�r3.. i 2d7 � E'`' .f� � `� i � ��`\ j( :�6!� r y'��'S!� 120Qb 12�H AVENUE SOUTH BURNSVILLE, MINNESOTA 55337 ��'�� Phone: 890-7750 March 23, 19�� PA�CEL A �t:' � 'That part o� Lot 11, excep� th` sou�h 240.�� eer o€ �a:ic� ?�ot 11, Audit�rs ' .-r� Subdivision No. 23, �ogett�er caith the �oe�� half of vacated Grand Avenue, as i ;� , . n 3�uicated in th� plat of Fridlep Paric; all acco�ding to 4he pla�s the�eof on j � � � ;� file uad of record in t;�e o�ri�e of the Cou:►ty Recorder, A�o?ta County, I`Ri��:c^:�a ,<�� ' described as follows: � �, :�- �>,a ,a�. -�.,`� �:,e; �.n a-�+- «-.�.. -± T. ^° r. . .�e,� ,yc, ..,o, ,�;. �eo�:..�.n� �:� Lre N�r�.:,.�:�,. c;,_� _ � �aid _�;. 11; �z.:__�e sc,�"..a �te�1y alc--J o. �' the nor�l��vegte�ly lir.e of said ��t 11, a dista.�e of �!�8.13 feet �o �he r.�rth- :,3�; � ea��rly rio:�tpofaaay 2ane �r E�St River Road; �hence �ou�t�casterly alor�b �a.i3 .,�Y �� :,��aea:,ve�1y ri;hv--c�•�-s,ay lire, � d��tan�e oi 36.G6 -_e��; �kzence no=th�a.sterly -�� '` pa�a11�1 ,ai�.h ttae r:c:t�.;•�esLer3�r �.�z�� oF �aid ?��t 11, a di�t.:nce of �a�9,69 feet .,.^,�.trt�', . . � . ..� "";:� to the e�st 1in� of the c�est tzalf of sa3.ci vacated Grand Avenu�; thence northerly '�k��`°� along �aid cast 1ine, a distance of 71.69 feet to the intersection with a �ine dra�m easterly from the pa�nt of beginn3ng 4nd at ;.ight anales to the cyest line of said vacated Crand Avenue; thence westerly along the last described line, a �� dist�nce of 27.�f6 fee� to the point Qf 'b�ginnin�. (Cv;��ai:�•�n� Q.?83 acres) r� -�, :�' ;� � � I� r � , �� Z�G,j i ��''� �,,��'�� Ni I f�! i�l � S C) � A i/ A � I_ � lf m ,� �� :`�,e�� e� f�� '. � SIJR \/ EYOR � � � �lC� 0 �9 � � � � CORP . , � 1 �;� ' ' ; � +� � `' ` � Jl i �3/ 12005 12YH AVENU� 5�iU7H BU��ISViLLE, MIi�NESO`iA 55337 �°' =- , �;� �,'� ��. � �hone: $90-7750 ��'�� Maxch 23, 1977 PEIRCEL B ihat gar� of Lot 11, e�cept i:�e sou�Iz 2��.(3J iee� o� said L�t 11, Auditors. Subrii�rs�on :�o. 23, �oje�;>e� c��h �Y:e c.�sr hal� �f vk�a�e3 Gi�,;:d Aver.ue, as deuicated in �� ;: �; �__��;� "a�'.c, a" w�u�'.��b �� he �3.a�.s �::�re�f � File ur.c� of �e;.��3 :.:� ��:� o"=.�� o� �:r� C��s:r� "��_�e-�, n��'_:� C�:::�y, �,.�::-:��ota des;.ri�e3 as foll�ws: � �t �"�7 /1'1 . ? �)'}" (� +"�'L.C]�AP}. /� r ,'a �y. 7� • ,< c laF�� /f p. N7 7 .... li.�fi...Tivr.1 u.. l.Lt� ��Lil:...c»Ji C�i�i�.� �.� nU'c.Z.`� �i A� L�:ence .+��ti.LiQ.�.cu'`e.t.� CZ��i�, b 9 Y g ` '1 �^� � �� . t �s''w-ce of ;3 3 ��ert ro t?�� ^�rth- �..� ::�_�::'•:a�*eW?;� '__. o s__3 _� ?1, a d_ _ *+ ar e1 _ es:.��.:�y �i�!��-oF�csay ?��:a o: �:ast P:=_ver P�owd; ��v:�ce �out�cas�e3�.y al�a� �aid ��t:�ea�te�ly �-i��steof-c,�.y ?_�ze, a d�.si.ance mf 76066 fee� �c� �l�e begirz�z�_�� of S�F.� i^�=„r�� "r'(3 t'Y �.^�.'._�r^.`�y '•:e:CIaCE'. CCr;i�-?I2',1'=T1� SOLl9;CIC�3�G't�j� II�6I1p .^.^1.�1 :E.'='��1— easterly �ight-of-e•rsy Iin�, a dystance of 32,27 fcetg �he:�ce ��r�x,eas�erly, defiee�in� *o the Le:Et, 35 de�rees, 10 minta�es, 30 se^an�s, a distance of 83,83 feet t4 �he caest line of sa3d vacateci Grar.d Avenue; �hence e��terly a� right an�Les �o sa3.d cae3t ?�.r_e, a d�.stance of 27.70 feet to the e�st 1�ne o� the west half af vacated Grand Avenuu; thence norther�.y �7en� ��•�d enst ?�r.e, a d•istance of 102.?2 feet to the intersection r�i�h a line draEr_z r.c�rth�•�ester�.y €resm end ?��ra11e1 �>>ith �hA �orth line of �a3.ci �'�ot 11 �re� the poi�at a£ �e�innirsg; th�nce ^o�a�hwesCerly along.the Iast described line, a dist�nce vf 1�a9.69 feet to th� < - - - . -. •.. . r,�nn�a�r�in� 0.2�3 acr_es� : � � _. ,._ PUaLIC 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, April 20, 1977 at 7:30 P.M. to consider the following matter: A request for a Special Use Permit, SP #77-03, by Barry C. Brottlund, to permit the construction of two duplexes and/or double bungalows, in an R-1 zoning district (single family dwelling areas). per Fridley City Code, Section 205.051 , 3, D, to - be located on part of Lot 11 , except the South 240 feet, Auditor's Subdivision No. 23, together with the West half of vacated Grand Avenue as dedicated in the Plat of Fridley Park, the same being 6431-33 East River Road N.E. and 6435-37 East River Road N.E. , .all lying in the South Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 64th and East River Road. Anyone cSesiring to be heard with reference to the above matter may be heard at this meeting. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION PUBLISH: April 7, 1977 April 14, 1977 . g� �� Planning Commission 4-7-77 MAILING LIST SP #77-03 Barry C. Brottlund 64th & East River Road Barry C. Brottlund Clyde Ford 7240 Colorado Road North 6410 East River Road Minneapolis, Minnesota 55429 Fridley„Mn 55432 Leif Henricksen Mr. & Mrs. John Kimbler 6434 Riverview Terrace N.E. 80 Mississippi Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Oliver Lee Mr. & Mrs. Leo Carda 6434 Ashton Avenue N.E. 6443 East River Road Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Edward Sakry Mr. & Mrs. Warren Palm 121 64 1/2 Way N.E. 6421 East River Road Fridley, Mn 55432 Fridley, Mn 55432 Mr. Mrs. Walter Luckow Kenneth Gillette ! 161 �4 1/2 Way N.E. 6409 East River Road U � Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Larry Gilmer William A. Duvall 141 64 1/2 Way N.E. 740 River Drive � Fridley, Mn 55432 St. Paul , Mn 55116 Murco Stations, Inc. Mr. & Mrs. Eugene Emerson 200 Jefferson Street 99 64th Way N.E. E1 Dorado, Ar 71730 Fridley, Mn 55432 J�-' � �rs. Elmer Johnson Mr. & Mrs. Kenneth Hughes ��- 649b R�verv�ew Terrace n.E. 6424 shton Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Zera, Inc. Mr. & Mrs. Gilbert Felt 6500 East River Road Route 2, Box 727 Fridley, Mn 55432 Wyoming, Mn 55092 Mr. & Mrs. Harold Beckman Mr. & Mrs. LeRoy Erlandson 6430 East River Road 60 Mississippi Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Kenneth Raymond Donald Wescom 6420 East River Road 117 Mississippi Place N.E. Fridley, Mn 55432 Fridley, Mn 55432 Leora Smeider Arthur T. Veit 6414 East River Road 7900 North Lakeland Fridley,� Mn 55432 Minneapolis, Mn 55445 Mr. & Mrs. Donald Sibell 6408 East River Road n.E. Fridley, Mn 55432 ' 9 H!.' + � � f � BARRY C. BROTTLUND SP ��77-03 �f�IL��EY ( � `�• �.F� :: tR,�cr �I � / \ Nefe: D:�..eens%un on Savlb/.n�of .. . , � j �:`� �p�a /of35,�s�i•�nas7�%n f3.220P.5e'.9 ofO.S �5��"� j9� 1� �s. ,p�� , . � ' � _ TRA�r i_�.,►' �N . � f '�,• ti� �� ` ' i • '��• ��)� �� -.��`'�;�� s's�is� �°' r��ct ,p„F I � .. �,`�1� a� _ - � So\� ` --� �o � I . � � ' � � ,;�"•'��3��-. , �� 4 ..e.o. 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S � � � y� ' � � -to� d`6 � 2� `° I� '� � f`�b y :� �,�a '``o �'� �2��/�" ' � SS.v�a,�o• \ �r �^��',1 0 � � \�/',(0 9 iB � S I s '� '3 �.2� / 'i.l`� a�� //2.;_. . . � ,n N�� w^a' �� i � � i C�3 , ^ �z .i .� 0 1� D) k/s :, ��6 T /� �z_18�- -� �i _ - �>� ��0 ;;° ��° �3�� 17] '�� h�� , - ,r �� , I + ' =:� ,, � � �,v r ��'9.� � z 9,� '�� I 7 s 7 7- i 6795F ,i I ' , i . �. �---0 -- - -- y��sa1 --- - n ao, ;��.Z ��f /S'/ i I/ !/9 Z0�,2/ .Z.Z , ¢'' �� , r `�S 6�- �H i w^sr _—__��, —�1 +�i h �� I � �I , . .� , ' , D/.� , , � �s �S �S �S � Ba4, Na� �! I 3 i `� /�:�JS ' _ .^ � � ...a7 -f ♦T — ._ .S i f _._J-�-_-/�-- .f ' __-��- . �A— .—.IC :� — - .1. . _._._ _— _.'. n O � � (�8cia1 Publication) PUBLIC HEqIt[NG B�FORE THE PLAIyNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given tha[ there wil1 be a Public Hearing of the Ptan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, April 20,1977 at 7:3(1 p,M.to consider the following matter: A request for a Special Use Permit, SP #77-03, by Barry C. Brottlund,to permit the construc- tion of two duplexes and/or dou- ble bungalows, in an R-1 zoning district (single family dwelling areas), per Fridley City Code, Section�205.051,3,D,to�be located on part of Lot 11,except the South 240 feet, Auditor's Subdivision No. 23, together with the West half of vacated Grand Avenue as dedicated in the Plat of Fridley Park,the same being 6g31-33 East River Road N.E.and 643537 East River Road N.E.,all lying in the South Half of Section 15, T-3Q R-29, City of Fridley, County of Anoka,Minnesota. Generally located at 64th and East River Road. reference to the abgove matter may�be heard at this meeting. RICHARD H.HARRIS, Chairman Planning Commission (Apri18&13,1077)�gg I � PeterFlint � BARRY C. BROTTLUND, SP #77-03 - 9 I � Fo Fredrick . - H�er Real Estate� �nC. Northeast Office • 3901 Silver Lake Road • St.Anthony,Minnesota • 55421 • 612/781-7484 Wayzata • Minnetonka • Edina - Northeast • Downtown Minneapolis • West Bloomington ApriZ 25, 1977 FridZey Czty Offiees 6431 University Avenue N.E. MinneapoZis, MN 55432 Attn: Citz� CounciZ Dear Sir: I herebz� formaZZ� request that z�ou delay action and table our request for a SpeciaZ Use Permit SP #77-03, b� Barry C. BrottZund, until such time that zue can meet with the interested property awners of the area. PZease advise us as soon as possible. RespectfuZ�y-- ubmitted, , ` , _ •, _ __ � � ._.� �_ � _ � . , . ., � .`� .. _ - L _____ , ��. � � - ' � Barrr� Brottlund BE/mab Planning Commission Meeting — April 20, 197? Page 16 4• PUBLIC HEARING = REQUEST FOR A SPECIAL USE PERMIT SP �77-03, BY BARRY C. BROTTLUND = o permit t e construction up exes an or ou e bungalows, in an R-1 Zoning district {single family homes}, per Fridley City Code, Section 205 :�53, 3, D, to be located on Lot 11, Auditor' s Subdivision Noo23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-3? East River Road N.E . MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission open the Public Hearing on the request for a special use permit, SP �77-a3, by Barry C• Brottlund• Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 9: 15 P .M � MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission read the letter to Mr� Harris dated April 11, 19??, from John W� Kimbler and Joyce E• Kimbler concerning the property located at 6431-33 East River Road and 6435-37 East River Roado Upon a voice vote, all voting aye, the motion carried unanimouslya Chairperson Harris read the letter in �pposition to this request. MOTION by Mrs� Shea, seconded by f1ro Bergman that the Planning Commission receive the letter to the Planning Commission da'ted April Z1,� 1,977, concerning the property located at 6431,-33 East River Road and 6435-37 East River Road from Mary Carda and Leo Carda• Even though this letter was a part of the agenda, Mr� Lagenfeld felt that the letter should be read for the benefit of the audience- The letter was read• UPON A VOICE VOTE� all voting aye, the motion carried unanimously and the letter was received• Mr• Boardman gave the Commission a background of the request• He stated that the proposal is for a double bungalow/duplex to be constructed on Lot l,1 {referred to agenda page 39}� The intent of the proposal is to divide the property into two parcels for construction of two structures� Mr. Brottlund was coming before the Planning Commission for a special use permit that will allow ror the constructian of double bungalows in an R-1 Zoned area• Mr• Boardman explained that both lots would be approximately 12,000 squre feet- 'Phe requirement for a duplex is 1�,D00 square feet; therefore, they do meet the requirements. Mr• Barry C• Brottlund was pr•esent at the meeting- Chairperson Harris invited Mr• Brottlund to speak before the Commission on this subject. r . Planning Commission Meetinq — April 20, 1,977 Page 15 Chairperson Harris asked Mr. Kahn if he had seen the list of Stipulations• i Mr. Kahn said that they have seen arid read the lista He agreed to go along with all items• % i Mrs. Shea indicated that f1r. Kahn �as been most willing to answer any and all questions that the mem'bers of the Planning Commission have had� She indicated that Canadian Financial Corporation has also been most cooperative to any concerns or ideas the members have had- f1r. Lagenfeld made the statement' that the Seniar Citizens living in the Dover Hill praject seemed mast satisfied• He also wanted to point out that this project would be centrally located• He felt that it was true that some problems would have to be ironed out, but he was most confident that the Staff and Council would be able to clarify everythingtl f10TI0N by f1r• Lag�nfeld, secon4ded by f1rs• Shea, to close the public hearing: Request for special use permit, SP �77-02, Canac�ian Financial Corporatio • Upon a voice vote, all voting aye, Cha�rman Harris declared the ublic Hearing closed at 9:7,0 P�f10 I10TION by f1r� Bergman, second d by f1rs• Shea, to recommend to City Council approval of the request f�r a special use permit, SP �77-�2, Canadian Financia Corporatior��. per Fridley Citv Code, Section 205.051 , (3) , E, to allcw tne cons ruct�on of housing for the elderly, on Lots 1 - 7, and the Ivortherly 215 feet f Lot 24, Block 1 , Alice Wall Addition, with special note that the special use ermit for automobile parking on R-1 property is no longer required, and with th stipulations contained in an agreement to be considered by the City Council . f1r� Lagenfeld pointed out ir r the records that the Environmental Quality Commission was 1,00 percent in favo� of this project� f1rs� Schnabel also wanted 't mentioned that the Appeals Commission was in favor of thi.s plan nd were pleased to see the project come abouto She h�d one questi n regarding th�e list of stipulations previously approved by the Planning Commission • She wanted to know if the additional sti ulation regarding insect control would be adc�ed to �his list or w uld that be acted upon by City �ouncil• It was indicated t;hat the additional stipulations regarding insect control would be incorpor ted by City Council� Mra Boardman indicated th t Canadian Financial Corporation has gone over these stipulations a d probably would be adding them to their proposal- UPON A VOICE VOTE, all vo�ing aye, the motion carried unanimously� Chairperson Harried said �hat this item would be considered by City Council on May 2, 19�7. � • Planning Commission Meeting — April 20, 1977 Page 17 Mr• Brottlund explained his intentions af how the construction would be done and approximately what type of construction he had planned for the property. He said that the structures wauld be two units each. � His plans are to make property values in the area benefit by the structures• He said that the units would be very attractive• They should do nothing but add to the attractiveness of the area• He went on to say that there are several plans available that will give these duplexes the appearance of being a single family dwelling. He did indicate that at this point in time he didn't know exactly what he will be building . Mr� Lagenfeld asked him if he had any plan at all at this time? Mra Brottlund answered that he didn't have any plans at this time• Mr. Lagenfeld asked if he had any idea of any similar type of structure somewheres in our City• Mr• Brottlund answered that there were four such structures in the City of New Brighton, He said that he had been in contact with the single home owners in the area, some directly across the street. These people did indicate that when they first were aware of the units, they did show some concern, as I am sure anyone would• However, since the construction oi these structures, they have all been happy with the type of people that have been living in them, primarily owner occupied. �ost have been impressed with the structures. Mr� Lagenfeld asked if he has looked into the feasibility of constructing single family dwellings• Mr• Brottlund said it had been considered• He said there are accommodations on the property to take care of either single or double family units• He said that he had looked over the area and felt that there was a trend for good looking, well cared for double family dwellings� Mrs. Schnabel wanted to know if Mr� Brottlund had an option on this land or if he owned it� Mr. Brottlund responded that he had a purchase agreementa Mr• Schnabel wanted to know if he was intending to build for sale of the property or if he was planning to lease them- Mr• Brottlund explained that he had three different plans : {y} To market them to builders that will build them for sale {market the land}o {2} Most preferable way, that he has contacted two builders that were most interested in putting up the type of buildings he had mentioned, for sale purposes• Planning Commission Meeting — April 2�, 19�? Page �8 _- {3} To put the structures up himself and lease them. Again, Mr• Brottlund indicated that he was most interested in pursuing the second choice- Mrs• Schnabel asked that since he has a purchase agreement on the property, that if he would hire a contractor to build on the property for sale purposes, who would retain ownership of the property• Mr• Brottlund indicated that the contractor would retain ownership• Mrs- Schnabel wanted to know if Mro Brottlund was in the construction business himself- Mro Br�ottlund responded that he was not. Mr� Schnabel wanted to know i� he had any ideas, if he was to develop this property, if he would have driveway access onto River Road or would he plan for a turnaround on the property itself. Mr� Brottlund said that this was one of the things he discussed with Mr• Boardman• He indicated th�t this would definitely be a consideration since both lots are large enough ta have turn-around areas• Mrs� Shea wanted to know who owned the garage that is on the property• Mr• QroL-tlund said that it belorgs to the present prop�rty owr;er and that it goes with the property• Mr� Lagenfeld wanted to know what kind of landscaping, fencing, etc• he had planned ta put on this property• Mra Brottlund indicated that presently there is fencing across the front of the property from one driveway to the other driveway, about 15 feet from the curb- He indicated that the price range of this planned structure would be between $b5-85,�0� and that the cosmetic appearance of the property would be comparable to the price of the home• Mr• Lagenfeld asked if this particular idea was just a speculative venture at this time� Mre Brottlund indicated that, in part, it was a speculative venture; but he personally felt that it would be to the benefit of the area• Mr• Bergman believed that the total block in question was zoned R-1• ' . planning Commission Meetinq — April 20, 1977 Pac�e 19 .,Mr• Boardman clarified that Lot 10 was zoned Commercial, however, that the rest of the block was, in fact, zoned R-1� Mr• Bergman wanted to know the Zoning of Block 12• �r• Boardman indicated that they were R-1• Mr� Bergman wanted to know if there were any other duplexes in the area� Mr• Boardman explained that there were none east of East River Road- He said that there were some further down on East River Road- He then discussed the locations of present duplexes in the area• Mr• Bergman wanted to know if there were any hardship in Mr• Brottlund' s request• Mr- Brottlund explained that he felt the lot was extremely large for a single family unit . He felt that two units, double or single, would make better use of the land• However, he said that there was no hardship involved• Chairperson Harris asked if there was anyone in the audience that wish�e� to adu'ress the issue- Mr• Ken Hughes of 6424 Ashton Avenue N.E . indicated that he not only owns his lot but also owns lots 20, 21, & 22• He restated that thie entire area consisted of single family dwellings• He felt it would be wrorg to bring in any type of double dwellings• He wanted to know how much of Grand Avenue that Lot 1,7, incluc�ed• Mro Boardman indicated that half of Grand Avenue went to Lot 11,� and half would go to Lot 22� Basically 27. 7 feet would go to each lot� f1r• Hughes said that he was led to believe that when Grand Avenue was dedicated to be a street, that the land had been taken from Fridley Park and when the petition was approved to vacate the land, that it was to go back to Fridley Park . However, when he checked with City Hall, no one cauld confirm thiso Chairperson Harris commented that if this land came from Fridley Park, then it would go back to Fridley Park• Mr- Hughes quoted from the legal description of the subject property . • • • •together with the west half of vacated Grand /�venue, as dedicated in the plat of Fridley Park � . � • . Chairperson Harris indicated that Fridley Park f1AY have included those lots on East River Road• Mr• Hughes believed that if this property was from the Park, then double dwelling structures couldn' t be built. Planning Commission Meeting — Arpil 20, 1977 Page �2U ' - ,.-Chairperson Harris indicated that the plat better be checked out. He said that as he recalls, this lot in question is a very old plat and that the Planning Commission would have to go to the County and hope they still had the records• Mr• Hughes felt that the building of these structures would definitely lower the real estate in the area. Also he indicated that since there were no parks or playgrounds in the area, where would the children from four additional families play• He said that presently the children in the area have to play in yards or in the streets and adding four more families would only add to the problem. Mr� Hughes wanted to know the required frontage for a double dwelling• Mr� Boardman responded that the required frontage was 75 feet and that �r• Brattlund was showing 76• 6 feet on one and 92 feet on the other� � Mro Hughes asked if �r• Brottlund would have the required square footage if half of Grand Avenue was not included• Chairperson Harris referred to Page 38 of the agenda and indicated that this was how it was registered in the County of Anoka. He added that if this was incorrect, it would take a Court Action to correct it and Mr� Hughes would h�ve to bring this action. Mr. Lagenfeld asked Mr• Hughes why he felt that this type of dwelling would lcwer his property value- Mr• Hughes indicated that if he was to plan to buy a home, he would look for a home in a single family dwelling area� He also added that he felt if two double dwellings were built in the area, it would only make City Council more apt to allow more to come in the future- Mr� Gene Emerson of 99 N�E • 64th Way agreed with (�r• Hughes and was against the proposed building of two double dwelling units. He requested the Commission to consider the feelings and wishes of the people living in the area� Chairperson Harris said that the Commission would do this • Mr• Warren Palm of 6421 East River Road said he was opposed to the building of the proposed two double family dwellings. He felt that Mr• Brottlund was very vague about what he is going to build• He thought that the Commission should make him be more specific as to what exactly his intentions were• : F i i a i � � , � Flanning Commi.ssion �eeting — April 20, 197? Page 21 Mr• LeRoy Erlandson of 6� Mississippi Way wanted it clarified that the wording of the request meant that thei�e would be four families• A1so wanted to know about whether the units would be single or double level structures • Mr• Brottlund confirmed that there would be four families• He indicated that he was leaning towards the split entrance structure • Mr• J • Cadwallader of Wayzata was there representing Mr• Brottlund • He indicated that he had gotten legal descriptions of t�ie property made by the �innesota Valley Surveyors and Engineers Corporation and he has found no restrictions on the property � He indica�ed that they were dealing with a piece of property southeast of the corner of Mississippi and East River Road • He said that in �riving through the area he saw a considerable amount of multi-family apartments and such and the actual corner of �ississippi and East River Road has become commercial • Mr• Cadwallader felt that the area is really set and looking for a buffer zone between single family dwellings and multi- family units � He said that they were looking for a place to build two two-unit buildings • They have checked into this property and have found that they have the re�uired squ�re footage of land and also that they have the required front square rootage • He said that they have lool<ed into the a�cess and egress from the property because of Lhe fact L'naL East River Road is quite uusy • They felt that they have tried to meet all of the require�ents of the C.ity of Fridley • He said that they were not looking for a rezoning, only a special use permit and indicated that if it would be necessary to tie the special use permit to a parLicular type of building, then th�t would be a possibility • He indicated that the city has supplied this land with the necessary reGuirements for this to be a two unit site • Mr• Cadwallader wanted to make it clear that they are presently requesting the division of this property into two separate parcels and that the special use �ermit is for the separate zoning for a multi-dwelling and that the special use permit is not for the �ivision of the land • He did not want this s�ecial use permit and the request for a lot split {item 5 of the agenda} to be considered together• Mrs • Shea asked �r� Brottlund if he would consider putting up two single family units on this property • Mr• Brottlund responded that yes, consideration has been taken, but that it was only a secondary consideration • MOTION BY Mr• Lagenfeld, seconded by �r• Bergman that the Planning Commission close the public hearing on the request for a special use permit SP �77-0�, by Barry C • Brottlund • Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 1� :05 P .M - Planning Commission Meeting — April 20, 1977 Page �2 , , �4TION by Mr • Lagenfeld, seconded by Mrs• Schnabel , that the Planning Commission deny the request for a sp�ecial use permit Sp �77-03, by Barry C • Brottlund •, to permit the construction of two dupiexes/or double bungalows, in an R-1 Zoning District {single family homes) ; per Fridley City Code, Section 205.053, 3, D, to be located on Lot 11 , Auditor's Subdivisi�n No. 23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-37 East River Road. Mr• Lagenfeld indicated that the grounds for denial are the facts that there are no apparent hardship, there doesn' t s�em to be exactness in the planning and since this is a s�ecial use request he doesn' t feel it conforms with the Statement that when a special use permit is issued, it must be subject to conditions — the conditions must conform to the following standards : to protect the public health, safety, convenierice, and welfar� � To avoid traffic congestion or hazards or ath�r dangers or to prornote conformity of a proposed use with the character of the adjoining property and uses and the district as a wh�le or to protect such character • The reason for the denial request was that Mr• Lagenfeld fielt that it was not in harmony with the area and daes not protect the characters as stated • flrs• Schnabel seconded the motion because she had several concerns • One was because tre petitic,n�r did not have any particular hardshi� • She also was cancerned about the develo�ment of this property in that Mr• Brottlund has anly a purchase agreement on the property and doe� not own it • Also that he h�s three different ideas of what he wo�;ld do, none k�einr, firm � Tt is because of these t�at she goes along with the d�cision to deny the special use permit • UPON A VOICE VOTE, all votina aye, the motion carr�ied unanimously • � �hairperson Harris declared the request for a special use permit � SP �77-0� by Barry C • Brottlund be recommended to Council for denial - ' He indicated that tl�is would go to City Council f1ay 2, 1,977• � � 5• REQUEST FOR A LOT SPLIT, � -S • 77-04, EY BARRY C • BROTTLUND : � Split Lat 1,1,, A •S - � 3, toge er wi ; vaca e ranc�venue � as plated � tr•��i Fridley Park into tw� building sites each 76 • 66° � of frontage • Mr• Boardman commented that since the legal description of ichis lot was quite lengthy h� had talked to f�r• Brottlund and they decided that instead of a lot sp�lit, they would go Plat on the property . H� also commented that with a notion of the possibility �f a ctenial for �he special use permit, he had asked Mr• Brottlund if he would still be interested in splitting the property • Mr• Brottlund responded that he was definitely interested in splitting the property • Chairperson Harris asked how they wanted to handle the request • Mr• Boardman commented that if Hendrickson does own the portion of the vacated Grand Avenue then it is his right to sell • • . � REGULAR MEETING OF MAY 2, 1977 PAG[ 2 ' in co-sponsoring the meeting, which is to be held at the City'Ha11 on May 3 at 7:30 p,m. She encouraged all interested persans to attend�he meeting and participate in the program. i MOTION by Councilman Fitzpatrick to concur with the Environmental Quality Commission's reconmendation and authorize co-sponsorship of the pro�jram to be held at the City Hall on May 3, 1977. Seconded by Councilman Schneider. kJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.;' FREEWAY BARRIERS: Mr. Leonard Kos, 5468 Altura Road N.E. , appeared before the Council to voice his concern about the construction of the freeWay i;oise barrier at the southwest corner of I-694 and Highway 47. He stated he fel;t the barrier is inadequate, as presently designed, in reference to the height of tfie structure. It was his opir,ion the barr•ier is designed to handle the freeway no7se on tlie ramps, and not the general freeway noise. He indicated other residents of his area have expressed the same concern about the inadequacy of the barrier. Mr. Sobiech, Public Works Director, stated the barriers are designed by the State Highway Department; however, he suggested Mr. Kos' questions be brought to the attention of the Highway Gepartment. Mayor Nee stated the City would contact the Highway Department regarding Mr. Kos' Comments. B. D. BROTTLUfJD, SP r77-03 6435 37 EAST RIVER ROAD: Mr. Sobiech indicated to the Council that Mr. 6rettlund had requested this item be tabled until he has had an opportunity to meet ti�ith residents of the area and; therefore, he suggested the Council may wish to advise any persons in the audience present for this particular item, whether action will be taken or if Mr. Brottlund's request will be honored and the item tabled. One person v�as present for this particular item and after discussion by the Council , it was agreed to ccnsider the item in the order it appears on the agenda. OLD BUSINESS: ORDINANCE N0. 645 - FSTA[;LISHING CHAPTER 511 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPI��G CENTERS: MOTION by Councilman Schneider- to waive the second reading of Ordinance No. 645 and adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Councilman Schneider stated there is a bill in the Legislature which would, in effect, provide the same regulations as this ordinance. ' UPON A VOICE VOTE, TAKEN ON THE AQOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 646 - AMENDING CHAPTER 405 ENTITLED CABLE TELEVISION FRANCFIISE: r MOTION by Councilman Hamernik to waive the'second reading of Ordinance No. 646 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor �lee declared the motion carried unanimously. NEW EUSINESS: ' CONSIDERATION OF FIRST READIP�G OF AN ORD NAhJCE ESTABLISHING CNAPTER 602 OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING" AND REPEALING THE PRESENT CHAPTER 602 ENTITLED "BEER LICENSING" AND AMENDING CHAPTER 1 , SECTION 11.10 OF SAID CODE RELATIfJG TO LICENSE FEES: � Mr. Qureshi, City Manager, stated Sect'on 602.11, Subdivision 5, should be changed to eliminate the words "unless in the coi any of his parent or guardian" and substitute the words "on the licensed premises," so as not to be in conflict with other sections of the ordinance. � 2� ,I , THE MINUTES OF THE REGULAR MEETING OF THE fRIDLEY CITY COUNCIL OF MAY 2, 1977 The Regular Meeting of the Fridley City Council of May 2, 1977 was called to order at 7:40 p.m. by ��layor Nee. PLEDGE OF ALLEGIANCE: Mayor PJee led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: ME'riQERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMQERS ABSENT: None APPROVAL OF MIIJUTES: PUBLIC FIEARING MEETING OF APRIL 11, 1977: MOTION by CouncilUaoman Kukowski to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF APRIL 18, 1977: Councilman Schneider requested the follo��aing paragraph he added at the end of the item "Consideration of Installation of Street Light on Meadowmoor Drive." "Council- man Schneicier stated that the residents in the P1eadowmoor area were unhappy with tne City services tney have be�n receivin,y. He noted the complaints voiced in the F1��ril 6, 197i Planning Commission minutes and requested that the rest of the Council review these complaints. He said he hoped the approval of this street light was the first step in improving the City's image in the Meadowmoor area." Councilman Fitzpatrick requested that the second paragraph concerning this same item be checked with the tape and rewritten to incorporate the general idea that he is concerned about a precedent being set. On page 10, third to the last paragraph, it was noted the motion was made and seconded by the same person and correction should be made to show the motion was made by Councilman Schneider, seconded by Councilinan Fitzpatrick. MOTION by Councilman Hamernik to approve the minutes as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Fitzpatrick requested an item be added under "New Business" for "Consideration of a Resolution to the Legislature on Subject of Patrolman Salaries." MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ENERGY MEETING OF MAY 3, 1977: Mr. Jim Langenfeld, Chairman of Environmental Quality Commission, appeared before the Council relative to the Counr.il co-sponsoring an educational type program concerning energy to be held at the City fiall on May 3. Mr. Langenfeld introduced Ms. Connie Metcalf who presented additional information to the Council about the proposed meeting. She indicated she had attended a similar meeting in Edina in which a Professor frro m the college of St. Thoinas presented information on types of fuels, uses of energy, and how supplies will affect the world. She felt the meeting was very informative and asked the Council 's support ��Fv+s� y_,�,. . • E�;, ,�kl,� t�. M1 .r � ',x�.:�k � m, � : e a.u�::�.:.,...��"�+�t'� � �� . S � r` b`r.Nb^ - � � i � �` � � +�iQ'�.� �� .�� i a�diL::r�.ii.. ' '� -�` 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 �� _ ��, ' ' . TELEPHONE ( 612j571-3450 �F �� • May 11 , 1977 � � � ��-� � ,, . CITY COUhCIL 4� �� '�S . � � ,,; s;� ACTION TAKEPJ NOTICE � ��,,'��,"` �' 4�� Barry C. Brottlund 7240 Colorado Road North ' `�Y Mi nneapol i s, Mn 55429 . � . Dear Mr. Brottlund: On May_2, 1977 , the Fridley City �ouncil officially a��Yo`�,YsXd(�,�XXx�rX�(�(X�(�Xd( denied your request for a Special Use Permit with the stipulatior�s i;sted belovr. and to table it until a future date. Please rev�e„ th� no�Fci stipulations, sir�.n the sta�Ement belo�r, and return one copy to the City or Fridley. �.. If you huve any quc�:�ic�i�s r�gardinc� the abo��e actior�, please call the ComrnGnity Devc��o;?:,��nt Qfi�ice at 571-3450. , Sincerely, ERROLG L. 30NR��L°1N CITY PLAfi`:i:R �?Lf3/de Stipulations: Concur tit�it.h action ta�:en. � �-F. : �. - ,� r � =:� �; �: . -�..._.�.,..�.. .