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SP85-09 -- - - 17 _ CITY OF FAIOLEY, SUBJECT 0 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT SP # 6f)-D9 FRIDLEY, MN. SS43E ESIM 571-3450 ADDRESS Ll Ue A DATE JU V PLANNING COMMISSION: APPROVED DISAPPROVED _ DATE 1 _ N0. CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME -J6hn D, Pni-i FEE 110n,[RECEIPT NO 4-31c STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY Lot ZQ , 6�ocx. J', <5jQyJ{--)a ►1r, 1,LLJ /Lld, PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE SPECIAL USE APPLIED FOR: 14 - Section of the Code: EVICT I,C, Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within ?00 feet will be attached to this application. ' (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any Jefect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet) . The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. 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'v # a � � .13+ e yt•�,�, 3 s �"� � .+ 3 +E •`L, v��� .� y x, p R`s � s ' CITY OF FAIDLEY, SUBJECT VARIANCES 6431 UNIVERSITY AVE. NE. 0 FRIDLEY. MN. 55432 16178,671-34A DRESS 13y/- 6 y t� �c_ rtJ•�. OATE APP S COMMISSION: APPROVED DISAPPROVED DATE_),,_ N0. CITY UNCIL REVIEW: REQUIRED: AYES CITY COU IL: APPROVED DISAPPROVED DATE N0. STIPULATIO NAME TO' 1l1 I FEE RECEIPT No. / 7 3/F LOT N BLOCK N0. TRACT OR ADDITION LEGAL DESCRIPTION: =`' �Y'�'/mac ��j�L� �I�1� VARIANCE -REQUEST(S): (Attach pla orrvey of property showing building, variances, etc., where licable) Section(s) of the City Code: / List specific hardships) hich requires th variance(s): C;?y X io s Nen /7-'�v ,4A') ,q HED. ,6A'0CezewAy )cro 2 0 f4- /32e�Z PccJl� — 1 rl n -e s o-r,4 S t4✓h ox f'e.`s . y PATE• q 8 s SIGNATURE — ADD SS_,) _35��64 T AVC /U C TE PHONE NO VARIANCES FOR CITY USE ONLY - Board members notified of meeting by List memb�!rs, date notified, and "Yes" or "No" for plans to attend hei.ring. Plan Patirica Gabel Name Date To Attend Alex Barna Jean. Gerou r Donald Betzold _James Plemel _ Person nuthe f king appeal and ollowing property owners having property within 200 feet notified: Name By Whom Date Phone or Mail Notified See Attached 'Sheet 7/12/85 mail sk - I i 16 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, August 7, 1985 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a special use permit, SP #85-09, by John D. Rau, per Section 205.07.1, C, 1 of the Fridley City Code, to allow the construction of a second accessory building, a 24 x 20 foot shed with an attached breezeway on Lot 20, Block 1 , Spring Valley Addition, the same being 1341 64th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: July 22, 1985 July 29, 1985 i i � �• i oil aso••,� "dor\ top-, "Is an 1:10"1"1 17, 5 MOOMMM sips /. K►I ' .:J / !dam � :::i'_�■■�\. ��' _1,',I�R� I■■■■��■■■� ♦t♦p♦•♦•= . rAdl 17 • ►♦♦♦♦♦♦♦ • !►♦R ♦♦♦ Jim 40 .OF � . ' SP #85=09 ' John Rau � J i ENTE Ec./ BB%!E STATE A HfGHWAY .*0, ,n r - `- I2-00 /Z10 IL-4O `• ItSo QA0 ,< cc zos�, /rs :s sf iZ 64 go ��s f314 13'/0 I 2 3 t ✓6 13sg 1376 /4 00 �v1�4 614 3 Jp w _ic •c a -Ne (,449"39 SR �ri f4 j3t� Y. t Jp Br/111:w�1 in J 4`41'3 �" /Y 2 '6f21 a mac) w w .l trst.`` '•` ` O y �,s� Q o. r 640f 7 O `4 of oo � .,, O 3 W . � , 1373*Ulk d Z 3 S / 03 . �0 1 3! '�. �S t ,J b3-i ` � �, � .,r .y.r.E v a r. W q 9SS t `Mi4 ALS � TH AVE. N � "NERW c39 . ; 6379 I /r 74 j ails �� /6400 /37z /394 1400 22 ` O ADS (,2 //Q 1�3u 6 37c s � 9 � �p ^tI>t 1430. - ° 7 C if Aw 00 345- r' ACE /B. OD) �'�' �/s4•, �Ilo EMIR G 3 f S •" �� � sLss7 f. _ CP (p 300 s�:,' u�'%6 , •`e�r Q 3is 12 7/ 14 7-0 13 2 9 js 4 V ���� ' .la, _' "� g RICE 4CREEK ROAD 0. �'•F 9r (oZQI 17 t ,v 1400 � /� �o �4DD. 'Q 4193 ��k 113 7O ! t o 3 Z z ti IL - bwv `� (Aso 16 15 Z45 ✓. ' I_- 11K• ? R AUD 19 (200 4 Z 62 /7 1 5 20 r t Cmm1Ot ►� 18 Mailing List Planning Commission July 19, 1985 John D. Rau SP #85-09 1341 64th Avenue N.E. John D. Rau Thomas Mitchell 1341 64th Avenue 6391 Central Avenue Fridley, MN 55432 Fridley, MN 55432 Richard S. Carlson Leroy T. Tovsen 7691 Old Central N. E. 1356 64th Avenue Fridley, MN 55432 Fridley, MN 55432 Donald E. Hill Mark W. Pogemiller 7985 Greenwood Drive 1340 64th Avenue Minneapolis, MN 55432 Fridley, MN 55432 Bob M. Calderom Barbara J. Miller 6401 Central Avenue 1372 64th Avenue Fridley, MN 55432 Fridley, MN 55432 Joseph J. Nelson 1357 64th Avenue Fridley, MN 55432 Frank Demello 6134 Woody Lane N.E. Fridley, MN 55432 J. A. Kath 1352 Hillcrest Drive Fridley, MN 55432 Ernest G. Klar 1373 64th Avenue Fridley, MN 55432 Russell Prior 1340 Mississii Street Fridley, MN E0 32 Official (PUBLIC HEARING I BEFORE THE PLANNING COMMISSI Nthere O Notice is hereby given will be a Public Hearin{of the Plan- FriQ y in thesCit Halltat 6431yUni- Irridiey versltyy Avenue N19 t eantthe Council day, August 7, Chamber at 7:90 p.m.for the purpose of: Consideration ab yJohnuD permit, Rau, r Section 206.9T.1,C,1 0[ the ridley City Code, to allow ac- cessorythe construction ofa building,lie 24exo10 foot shed with an attachgd breezeway on Lt 20,Block 1. ring Ing all - Addition, the same 04th Avenue N rsons desiring to be Any end all pe rtunity at heard shall be given an oppppo the above stat VeldHtime NIAdSCHNABEL Chairwoman Planning Commission (July 22 k 29,1066) adw COMM SSION APPUCATION REVIEW M Department Number File Date I Meedng Date CITYOF Planning I55 7/12/85 8/21/85 FRIDLEY Fits Address/Description SP #85-09 COMPLE7E REVIEW CHECKLIST Second acdesory building. 1341 64th Ave RETURN TO PLANNING Q JIM COMMENTS T'to� YYLA,-A P-' -1lai' OHN S40 50, - 1 �- Coe, QCLYDE MARK []LEON PLANNING COMMISSION MEETING, AUGUST 7, 1985 PAGE 2 7 Mr. Minton asked what this building would be used for. Mr. Rau stated he originally intended to build a 24` x 10` shed but decided to add 10 more feet for a breezeway. He stated the shed would be used strictly for storage of lawnmower, garden equipment, etc. , and a boat. Mr. Bob Calderon, 6401 Central Ave. , stated he was a neighbor, and he had no objection to this building. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING ON SP #85-09. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:44 P.M. MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL APPROVAL OF CONSIDERATION OF A SPECIAL USE PERMIT, SP #85-09, BY JOHN RAU, PER SECTION 205.07, 1, C, 1 OF THE FRIDLEY CITY CODE TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 24' BY 20 ' SHED WITH AN ATTACHED BREEZEWAY ON LOT 2, BLOCK 1, SPRING VALLEY ADDITION, THE SAME BEING 1341 - 64TH AVENUE N.E., WITH THE STIPULATION THAT THE BUILDING NOT BE USED FOR MOTOR VEHICLES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated this item would go to City Council on Aug. 19. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #85 , GREAT NORTHERN INDUSTRIAL CENTER EAST, BY ALFRED NELSON: eing rep-la ot all that part of the SE quarter of Section 22, T-30, - and o he NE quarter of Section 27, T-30, R-24, Anoka County, that lies So erly of the Southerly right-of-way line of Interstate Highway No. 694 asterly of the Easterly line of the Plat of Great Northern Industrial Cen r, Fridley, Northerly of the Northerly line of Lot 1 , Block 1 , Midwest ddition and Westerly of a line 92.9 feet Westerly of and parallel wit he center line of the Burlington Northern Inc. main tracks as it now ists. Containing 12.4 acres more or less. MOTION BY MR. KONDRICK, SECON BY MR. SABA, TO OPEN THE PUBLIC HEARING ON #85-03, GREAT NORTHERN IND RIAL CENTER EAST, BY ALFRED NELSON. UPON A VOICE VOTE, VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7• P.M. Mr. Robinso tated this proposal involved approx. 12.4 acres located south of 694 a west of the Burlington Northern railroad spur. It was in a plat of la that is rapidly developing. The zoning for the entire plat was M-2 (h y industrial ) and the proposed use of mini-storage would fit into that ning. R CITY OF FRIDLEY PLANNING COMMISSION MEETING, AUGUST 7, 1985 CALL TO ORDER: Chairwoman Schnabel called the August 7, 1985, Planning Co ssion meeting to order at 7:39 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr. Oquist, Mr. �Minton, Mr. Kondrick, Mr. Saba, Mr. Wellan Members Absent: Ms. Gabel / Others Present: Jim Robinson, P nning Coordinator John & Sue Ra , 1341 - 64th Ave. N.E. Bob Calder , 6401 Central Ave. N.E. Al Nelson-; Burlington Northern Jon Mgr(son, 5200 Wilson Rd. #401 B. :` Chapman, Barton Aschman Assoc. APPROVAL OF JUL 17, 1985, PLANNING COMMISSION MINUTES: MOTION BY KONDRICK, SECONDED BY MR. WELLAN, TO APPROVE THE JULY 17, 1985, PLANNING OMMISSION MINUTES AS WRITTEN. UPO A. VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION C RIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #85-09 Y JOHN RAU: Per Section 205.07.1 , of the Fridley Cio alTow Fie construction of a second accessory building, a 24' by 20 ' shed with an attached breezeway on Lot 2, Block 1 , Spring Valley Addition, the same being 1341 - 64th Avenue N.E. MOTION BY MR. MINTON, SEC ONDED BY MR. SABA, TO OPEN THE PUBLIC HEARING. ON SP #85-09 BY JOHN RAU. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLr HEARING OPEN AT 7:40 P.M. Mr. Robinson stated this property was located just north of 64th Ave. and east of Highway 65. It was zoned single family and was adjacent to light commercial to the west. The proposed building would be in the rear of the lot with approx. 50/50 split between shed and breezeway. No driveway was proposed to the structure. He stated the only stipulation Staff would recommend was that this building not be used as a primary garage. Mr. Robinson stated there have been no objections from the neighborhood. Cag'IL MEETING OF AUGUST 19,..1985 everything would be November 15, 1989. Mr. Flora indicated state has requested pavement in cont of the new building. Mr. Determan indicated he would prefer ass V hard pack or concrete because the heavy-duty equipment tends to eak up the paved areas. MOTION by Councilman Schneider to concur w ' the Appeals Commission recoimendation for a variance frau 5 feet to feet for curb and gutter and that the curbing be a metal guard rail-ty device approximately 3 feet tall around the building and the south fence, ine to be installed separate from the existing fe/aia hat the vari be in effect through November 15, 1989 in accordathe agreem with the City. Seconded by Couarnett Upon a voice vote, all voting aye, Mayor Nee declared thcarr' unanimously. Mr. Qureshi inqardous materials were rn the property and if they were handledprMr. Determan indicated that he is licensed to handle hazardous mater6 . CONSIDERATION 0TMENT TO HUMAN RESOURCES COMMISSION (TABLED 8/5/85)_ ZBINESS: cilman Schneider to table this appointment. Seconded by ette. Upon a voice vote, all voting aye, Mayor Nee declared ied unanimously. 7. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING -OF AUGUST_7-1 1985_: A. CONSIDERATION OF SPECIAL USE PERMIT P #85-09 ALLOW CONSTRUCTION OF A SECOND ACCES90RY BUILDING. A 2 HED WITH AN ATTACHED BREEZEWAY. 1341 - 64TH AVENUE N.E. BY JOHN RAU.: Mr. Flora indicated the area is zoned single family. 'Ihe proposed building would be located in the rear of the lot with half being used for a shed and half being used for a breezeway. No objections have been raised from the neighborhood. 'Ihe Planning Commission has recommended approval with the stipulation that the building not be used for motor vehicles as there is no driveway provided. MOTION by Councilman Schneider to concur with the Planning Commission recommendation for approval with the stipulation that the building not be used for automobiles. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SETTING A PUBLIC HEARING ON FINAL PLAT, P.S. #85-03. GREAT NJRTHERN INDUSTRIAL MN'I'ER_F t ALFRED NELSONLAtID SPECIAL USE PERMIT SP � BURLINGTON NORTHERN BY JON MONSON) .. _ Mr. Flora indicated that--the public hearing would be held to discuss the -4- COUNCIL MEETING OF AUGUST 19, 1985 Oouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Cbuncilman Barnette reported that he had received phone calls f rom senior citizens suggesting that benches be placed at the Holly Oenter. Mr. Flora indicated that the entrance to the Holly Center should widened after work is completed on Mississippi Street. 4. ORDINANCE #841 - ORDINANCE AMENDING CHAPTER 126 ENTIT D "HOUSES OF PROS`T'ITUTION, PUBLIC NUISANCE", SECTIONS 126 .02 , 126;03 26_04 , 126_05_, 126 .06 AMID 126 .07: MOTION by Councilman Fitzpatrick to waive the ser reading of the ordinance, adopt Ordinance #841 and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting'aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF VARIANCE REQUEST TO REDUCE CQ_kBING SETBACKS. 1241-72ND AVENUE N.E. , DEZERMAN WELDING, BY RICHARD_ N_�TABLED_8/5/85) Mr. John Flora indicated that the Appeal Commission has recommended approval of the variance request with s pulation that the variance be extended to the 1988 planned expansion. Flora recommended changing the date to November, 1989. Mr. Determan is,interested in purchasing 15 feet of property to his west and using space above Norton Creek for employee parking. Zhe purchase contract will be terminated in 1988; however, the recommended extension of one year would allow Mr. Determan time to obtain the property and complete work to be'done. i Mr. Flora indicated that the variahoe is to request a 2-foot setback rather than a 5-foot setback for curbing. Mr. Determan is planning to construct additional bui 1 di ngs on the pr ope r ty and needs additional space. Mr. Flora indicated that th variance would grant a 2-foot setback with a guard rail-type bumper 2-f t away from the fence or building. The same variance would apply to f ure development inside the fence on the southern portion of the property.i i Mr. Determan indicate that a guard rail at bumper height is easier to see than a curb. In a tion, he could construct the guard rail and would save money. Dir. Virgil Herri indicated he saw no problems with the variance. Dir. Flora i ted that an agreement had been executed for $20,000 bond to be provided o the City, a permit be issued for construction of, a building, screening a ong the fence, a second application for a permit to construct the se-con building. The parking lot over Norton Creek must be approved by the Rice Creek Watershed District. If the parking is not approved, Emplcyee parkin must be provided inside the fence. There is also a provision requ' ing landscaping and sprinkling on the boulevard. Completion of -3- CIlYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE(612)571-3450 John Rau CITY COUNCIL 1341 - 64th Avenue N.E. Fridley, MN 55432 ACTION TAKEN NOTICE On August 19, 1985 the Fridley City Council officially approved your request for SP #85-09 to allow the construction of a 24' by 20' second accessory building at 1341 - 64th Avenue N.E. with the following stipulations : 1. The building not be used for motor vehicles. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. cur with action taken s STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY 58 In the Matter of a special use permit request located on Lot 20, Block 1 , Spring Valley Addition, the same SPECIAL USE PERMIT being 1341 - 64th Avenue N.E. John D. Rau Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 19th day of August , of 1985 , on a petition for a special use permit pursuant to the City of Fridley' s Zoning Ordinance, f,,r the following described property. Consideration of a special use permit, SP #85-09, to allow the construction of a second accessory building, a 24' by 20' shed with an attached breezeway located on Lot 20, Block 1 , Spring Valley Addition, the same being 1341 - 64th Avenue N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See City Council minutes of August 19, 1985 STATE OF MINNESOTA ) rOUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of 19_x. DRAFTED BY: City of Fridley 6431 University Avenue N.E. C r °"C' Fridley,MN 55432 SIDNE C. NMAN, CITY A Special Use Permit shall become void one year after being granted by ahe City of Fridley unless or if discontinued for a period of 90 days. (SEAL) r " COUNCIL MEETING OF AUGUST 19. 1985 everything would be Novenber 15, 1989. Mr. Flora indicated state has requested pavement in f ront the new building. Mr. Determan indicated he would prefer Class V and pack or concrete because the heavy-duty equipment tends to break up a paved areas. MDTION by Councilman Schneider to concur with the ppeal s Commission recommendation for a variance frau 5 feet to 2 feet or curb and gutter and that the curbing be a metal guard rail-type devi approximately 3 feet tall around the building and the south fence line to installed separate f ran the existing fence and that the variance be ' effect through November 15, 1989 in accordance with the agreement wi a City. Seconded by Councilman Barnette. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried mously. Mr. Qureshi inquired if hazar us materials were cn the property and if they were handled properly. Mr. terman indicated that he is licensed to handle hazardous materials. 6 . CONSIDERATION OF AP NTMENT TO HUMAN RESOURCES COMMISSION (TABLED 8 5 85)_: MJTION by Coun lman Schneider to table this appointment. Seconded by Councilman B vette. Upon a voice vote, all voting aye, Mayor Nee declared the moti carried unanimously. NESS SINES : 7. RECEIVING THE MINUTES OF THE PLANNING ODWISSION MEETING OF AUGUST.7J 1985: A. CONSIDERATION OF SPECIAL USE PERRIT,_ SP8# 5-09_TD AIJOW—ODNSTRUCTION OF A SECOND ACCESSORY BUILDING. A 24' X 20' SHED WITH A_ N__ATTACHED BREEZLI%AY. 1341 - 64TH AVENUE N.E. BY JOHN RAU.: Mr. Flora indicated the area is zoned single family. The proposed building would be lcxated in the rear of the lot with h:lf being used for a shed and _calf being used for a breezeway. No objections have been raised from the neighborhood. The Planning Commission has recommended approval with the stipulation that the building not be used for motor vehicles as there is no driveway provided. MDTION by Councilman Schneider to concur with the Planning Commission recommendation for approval with the stipulation that the building not be used for autanobiles. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SETTING A PUBLIC HEARING _ _ __ PLAT, P.S. 5-03. GREAT NJRTHERN IVDU _ _ _ EAST,_BY ALFRED NEL9Oiv LAM SPECIAL U _T SP #85-08 BURLINGMN NORTHERN BY JON MDNSO Mr. Flora indi at the public hearing would be held to discuss the -4- Y. 685898 NumeficW Grantor Grantee Recorded Chec*ed Margin 1r.Index OFFICE OF COUNTY RECORDER "^TE OF �f d .::v i A, COUNTY OF ANOKA i;ereby ce;,:cy t:.at ti-:e witY,in ir!s ru- o! ment was filed in tris office for record on the j�ELI 6 14A_A.D., 19 sa ..,�, �o'clock gN1., and was duly recorded in o=! r� County Recorder By——----2�� 1112.1 Deputy F-A c! r_! CL Planning Department City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Council Action 8/20/85 SP #85-09 John D. Rau 1341 - 64th Avenue NE Approved To allow construction of a second accessory building with the stipulation that the building not be used for motor vehicles. i