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SP87-07 CITY OF FRIDLEY6431 UNIVERSITY 2 FR DLEY MN 554' N E. SPECT SE PERMIT SP S, T-07 (612)571-3450 SPECIAL USE PERMIT FEE � C�V< � RECEIPT # SCHEDULED PLANNING ODMMISSION I EET1NG DATE: SCHEDULED CITY COUNCIL MEETING DATE: PROPERTY INFORMATION PF^vPERTY ADDRESS ! � F LEGAL DESCRIPTION: pp� LOT E84V BLOCK �_ TRACT/ADDITION &iall-i-JUD PRESENT ZONING ACREFGE SPECIAL USE PERMIT BEING APPLIED FOR: J�OCE2u2e- 6 6&a6 L;9 SECT ION OF THE ODDE: FEE OWNER INFORMATION NAME PHONE # �S7 —n ADDRESS ( c"J SIGNATURE Note to Contract °*** ****S**' Fee *b** is *u *S iFg* ° Yrtl qtr to `Itr*C iFs1*" PETITIONER INFORMATION NAM �t� �► « � �� PHONE # ADEffRESS SIGNATURE j DATE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING COMMISSION: APPROVED DENIED DAZE CITY ODUNCIL: APPROVED DENIED DATE STIPILATIDNS: The petitioner hereby understands that: 1. Zine City will notify all residents and owners of property within 350 feet (rezoning) or within 300 feet (platting) of said property. 2. This application must by signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. (Official Publication) 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 Uni- versity Avenue Northeast on Wednes- day, May 6, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit, SP M87-07, by David Sinigaglio,per Section 205'07.1.C, i of the Fridley City Code, to allow a second accessory build- ing on Lots 28 and 29, Block 1, Plymouth Addition, the same being 4875-3rd Street N.E. Any and all persons desiring to be heard shall be given an op pportumty at the above stated time an BIfLLINGS Chairman Planning Commission (April 20 h 27,1987)-FRID I • i 2A RMLIC HEARING BEFORE 9BE 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, May 6, 1987 in the Council Chamber at 7:30 p. m. for the purpose of: Consideration of a Special Use Permit, SP #87-07 , by David Sinigaglio, per Section 205.07.1, C, 1 of the Fridley City Code, to allow a second accessory building on Lots 28 and 29, Block 1, Plymouth Addition, the same being 4875 - 3rd Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. STEVE BILLINGS CHAIRMAN PLANNING COMMISSION Publish: April 20, 1987 April 27, 1987 ` Or71 I * I1' (bbl rz �py1 r z - v� I s 9z inti: f 111 ^z '3 Ad JAV f=1 z t 1" r r — ek e`i L611 `� ,; �� j' e Ian � `�� ; <u1 z,.• � �0 e b1 :z , I� Qo1 ( z' ez Lb �- �e\ 97 PZ ��. `�� CZ ?• • �� � � !7 0� - o a1\�EZ p s. z i --6z--:, c � c c - Ez-6 1 y —_-,l�°� kti` Fk � ,fib �°� �f, o q l�", `�� •c I'1 .r --_ 87:r;, wfd'F d'aF• 7).vE m 3'N T j d 7 H18b r z, dr:� m°4' i I zr I + fz 731 I7 --a- z T, 1•/1_Y_ _ L o U ti --EBF_ {�:;:i}• F fZ �' �� F,' I o -- EE i`y1'y ry� _ 09 w --3AV - — GtP --- -IF7 I I OTTBPBT TS PTAPG • • 0 0 L LO-L8# dS Plan*g 4/17/87 2B Council SP #87-07 MAILING LIST David Sinigaglio Joseph Sinigaglio Arvilla Lepinski 4715 - 3rd Street N.E. 4839 - 3rd Street N.E. Fridley, MN 55421 Fridley, MN 55421 Barbara Overwick Resident 4875 - 2 1/2 Street N.E. 4901 - 3rd Street N.E. Fridley, DIT 55421 Fridley, MN 55421 Richard Knode Resident 4863 - 2 1/2 Street N.E. 4913 - 3rd Street N.E. Fridley, MN 55421 Fridley, MN 55421 William Wojciak Arnold Elmquist 4844 - 3rd Street N.E. 1420 West County Road J Fridley, MN 55421 Shoreview, M 55112 Dennis Stevenson David Peterson 4832 - 3rd Street N.E. 213 - 49th Avenue N.E. Fridley, MN 55421 Fridley, MN 55421 Vernon Jackson Russell Lind 4851 - 2 1/2 Street N.E. 225 - 49th Avenue N.F. Fridley, MN 55421 Fridley, MN 55421 Harvey Sandstrom 4856 - 3rd Street N.E. Fridley, MN 55421 Laymoyne Schnell 4880 - 3rd Street N.E. Fridley, MN 55421 Thomas Dircz 4885 - 3rd Street N.E. Fridley, MN 55421 George Spencer 4868 - 3rd Street N.E. Fridley, DSI 55421 David Sinigaglio 4875 - 3rd Street N.E. Fridley, MN 55421 Mary Raskob 4863 - 3rd Street N.E. Fridley, MN 55421 Sidney Nelson 4851 - 3rd Street N.E. Fridley, MN 55421 1 rCOMWSSION APPLICATIVI REVIEW Department Number File Date Meeting Date CITY OF Planning 28 4/6/87 5/6/87 FWDLLY File Address /Description SP #87-07 COMPLETE REVIEW CHECKLIST David Sinigaglio - 4875 - 3rd Street N.E. Second Accessory building/ RETURN TO PLANNING &BDARYL COMMENTS EBB 1 E ��'}`�`o►-..Q�r i S �c�S';� � �'�ate� 0. 52 c.o viol. v�o�,e.� � J �eC v) ]JIM t6 x 22' DEBBIE a Wm�� �� �76 �1r✓ov(�, I�fDQ JOHN Lf/u. dl/©u c,A. DEBBIE--- tLC Ve,, ��-i,�y �� lor- lv-:, li xk- 1e, U",'e'd 1121)"REL -6v- fka- 4vaie- 04 aL&4bs ,� (^Vza" [[ 11 DEBBIE �5 u,1�li 0 u� ESQ- �¢�j tai 20�, 1�-2�� '0 �QV 40 6e, Okoave, LYDE06 ►� s -���- -� 5� ©� civ �- DEBBIE �c� 076. 0. MARK / DEBBIE' s a vt t I^, ,v ON g,�99 DEBBIE V 1 SP #87-07 0. �r, lid r, aN 9' b A �e I "g t° Vii r F �d t' e . r �w. ' I/� • lit olp o a� � olp � ® 0, �metor,or . OFA • rm Ip mr— OFAF T 1:; Va�.l� IC �� ®® PL ; ,� 4 , .MAWdF Y _. 4 , '~ ` .. a. l a Aul 4� 14 -ilk fA sY . Lo M1 . y= 1 wl' ; 1 • C t . r AN 1 6 't i a • ( +nn. PLANNING COMI1ISSION MEETING, MAY 6, 1987 PAGE 5 4. Provide screening for loading doors on Phase I building Arough installation of approved plantings along 83rd Avenue th Phase I construction. 5. Provide three decorative masonry screening walls t screen loading doors, one at each building. 6. Provide eight foot high opaque screening fence round storage area in Phase I construction. 7. Developer to supply to City tenant type an uilding area calcula- tions prior to each occupancy to monitor ilding usage and parking supply. Occupancy of building not to e eed parking supply. 8. Landscape plan to be refined and appr ed by Staff prior to Council approval . 9. Provide for two planting islands i front of each building on revised plans. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. MOTION by fir. Betzold, seconded b fir. Kondrick, to allow Stipulation #1 regarding the variances to go s aight to the City Council from the Appeals Commission rather than having o come back through the Planning Commission first. Mr. Billings stated he f t the Commission was cognizant of the fact that the residential developmen across the street has, in fact, had an impact on this property after the ti e Mr. tlaertens entered into his purchase agreement; and at this time, the r son for the 100 ft. setback was so the residential property wasn' t b fered right up against unattractive looking properties. He thought the v riances had to be tied to a good looking landscape plan. Upon a voi vote, all voting aye, Chairperson Billings declared the motion carried animously. Mr. inson stated the variances would go before the Appeals Commission on Nay 6 and both the variances and special use permit requests would go to e City Council on June 1 . 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PEWIT, SP #87-07, BY DAVID SINIGAGLIO: Per Section 205.07.1 , C, 1 , of the Fridley City Code to allow a second accessory building on Lots 28 and 29, Block 1 , Plymouth Addition, the same being 4875 - 3rd Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the formal reading o ie public hearing notice and to open the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously, and the public hearing open at 8:10 p.m. PLANNI14G COMMISSION MEETING, MAY 6, 1987 PAGE 6 Mr. Robinson stated this request was for a second accessory building, a 624 sq. ft. attached garage. The property was located on 3rd St. just south of 49th Ave. The property was zoned single family. There was an existing paved driveway that leads to an existing garage (352 sq. ft. ) at the rear of the lot. The petitioner was proposing a back door in the new garage so that the rear garage could also be accessed. The petitioner has expressed a desire to clean up his property. There has been some problem with outside storage in the past, and the new garage should help alleviate that problem. Mr. Robinson stated Staff was recommending the following stipulations : 1 . Garage addition facade and roof to match house. 2. No outside storage of construction material is permitted in yard. Mr. David Sinigaglio stated he needed the new garage to store his trailer he pulls behind his truck. He is in the construction business and keeps a lot of his construction equipment and supplies in the trailer. Right now he has to keep the trailer in the driveway or yard. It was kind of an eyesore, and lie wanted to keep it in the garage also because of vandalism. He stated he lived in a nice neighborhood, and he wanted to improve his property and yard. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing closed at 8:13 p.m. MOTION by Mr. Kondrick, seconded by Hs. Sherek, to recommend to City Council approval of Special Use Permit, SP #87-07, by David Sinigaglio, per Section 205.07. 1 , C, 1 , of the Fridley City Code to allow a second accessory building on Lots 23 and 29, Block 1 , Plymouth Addition, the same being 4875 - 3rd Street N.E. , with the following stipulations : 1 . Garage addition facade and roof to match house. 2. No outside storage of construction material is permitted in yard. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. Mr. Robinson stated this item would go to City Council on May 18. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-08.by MICHAEL GUSTAFSON: Per Section 205.07.1 , C, 1 , of the y City Code, to allow a second accessory building on Lot 1 1 , Meadowlands Addition, the same being 881 - 66th Avenue N.E. MOTION by Mr. Kondrick, se ed by Ms. Sherek, to waive the formal reading of the public hearin ice and open the public hearing. Upon a voic ote, all voting aye, Chairperson Billings declared the motion carrie animously and the public hearing open at 8:16 p.m. COUNCIL MEETING OF MAY 18, 1987 (buncilman Schneider stated, clearly, this request should go through the process, however, the question which should probably be addressed is if it makes sense to approve the donation. Mayor Nee stated the question is whether funds should be used for this party. He stated the Council made a decision to process such requests through the Commission and frau his point of view, to approve it would not be a good idea. Councilman Fitzpatrick felt the question whether or not they wish to honor this request has to be addressed. He stated he was not sure it was illegal. NDTION by Councilman Schneider to approve a $100 donation to Spring Lake Park' s All-Night Senior Party, with the understanding it is for this year only. Further, the normal process should be through the Human Resources Commission and Spring Lake Park, as well as any of the other school districts, are invited to submit an application for funding through this Commission. Seconded by Councilwoman Jorgenson. Upon a roll call vote, Councilman Schneider, Councilwoman Jorgenson and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee and Councilman Goodspeed voted against the motion. MAYOR NEE DECLARED THE IrDZON FAILED AS FOUR AFFIRMATIVE VOTES ARE NEEDED TO EXPEND FUNDS. 10. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEE'T'ING OF MAY 6, 1987 A. ODNSIDERATION OFA SPECIAL USE PERMIT, SP #87-07 , TO ALLOW A SECOND ACCESSORY BUILDING ON LOTS 28 AND 29, BLOCK 1, PLYMOUTH ADDITION, THE SAME BEING 4875 3RD STREET N E BY DAVID SINIGAGLIO: Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow a second accessory building at 4875 3rd Street. He stated the Planning Commission reviewed this request on May 6 and recommended approval with the stipulations that the garage addition facade and roof match the house and no outside storage of construction material is permitted in the yard. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #87-07 , with the following stipulations: (1) Garage addition facade and roof to match house; and (2) No outside storage of construction material is permitted in the yard. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OFA SPECIAL USE PERMIT, SP #87-08, TO ALI/JW A SECOND ACCESSORY BUILDING ON LOT 1, BLOCK 1, MEADOWLANDS ADDITION, THE SAME BEING 881 66TH AVENUE N E , BY MICHAEL GUSTAFSON: Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow a second accessory building at 881 66th Avenue. He stated the Planning Commission reviewed this request on May 6 and recommended approval with the stipulations that the garage facade is to -6- r COUNCIL MEETING OF MAY 18, 1987 MJTION by Councilman Fitzpatrick to authorize execution of the lease agreement with School District No. 14 for the "A" frame. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF DONATION TO ALL-NIGHT PARTY FOR SPRING LAKE PARK HIGH SCHOOL SENIORS: Ms. Ibnna Carlson, Chairman of the Prizes and Donation Committee for Spring Lake Park High School, appeared before the Council regarding their request for a conation to the senior all-night party. She stated they have made a similar request for financial support from the cities of Blaine and Spring Lake Park and they each donated $300 to this party. She stated since Spring Lake Park School District #16 falls within Fridley, Spring Lake Park, and Blaine, they are also making this same request of Fridley. Ms. Carlson stated the School District provides the building, use of the kitchen facilities, and custodial services. She stated teachers also donate their time. She stated she felt this would be a worthwhile donation to provide for the young people in the community to help them have a safe and memorable graduation party. Mr. Hunt, Assistant to the City Manager , stated staff has provided memorandums to the Council regarding this issue. He stated School District No. 14 makes no request of any governmental agency for a conation. He stated School District No. 13 in Cblumbia Heights has an opinion from their City Attorney that this isn' t an appropriate use of public funds. He stated staff did not feel this was an appropriate use of City funds, but the relative worth of the event is not being questioned. Councilman Goodspeed stated he felt, if this request is approved, it would be a precedent the Council cannot afford to set. MOTION by Councilman Goodspeed to dany this request for a donation to the Spring Lake Park Senior All-Night Party. MOTION FAILED FOR LACK OF A SECOND. Cbuncilman Schneider asked why the attorney for Columbia Heights believed this was an illegal use of City funds. Mr. Newman, Assistant City Attorney, stated there isn' t a great number of court cases that fall in the realm of public purpose. He stated the reasoning was probably because it benefits a relatively small number of people. Mr. Neaman stated he felt it is a "gray" area, but could a r gu e either way. He stated to take it to the extreme, what would happen if a neighborhood groin wanted to have a party to keep everyone off the street. He stated the argument can be made it is a public purpose. Mr. Newman felt if the City Council granted this request, they would have to reciprocate, if requests were received from other school districts. Cbuncilman Goodspeed stated he felt this would be a charitable contribution and a procedure has been established to process these requests. -5- 10R • • UAVIU SINIIPU 10 5F Ab(-0t 51 1 RJLA I I ON5 1 . UARAGE ADDITION FACADE AND ROOF TO MATCH HOUSE. Z. NO OUTSIDE STORAGE OF CONSTRUCTION MATERIAL IS PERMITIED IN YARD. CITY COUNCIL ACTION TAKEN NOTICE David Sinigaglio May 29, 1987 4875 - 3rd Street N.E. Fridley, MN 55432 On May 18, 1987 the Fridley City Council officially approved your request for a Special Use Permit, SP #87-07, to allow a second accessory building on Lots 28 and 29, Block 1, Plymouth Addition, the same being 4875 - 3rd Street N.E. with the following stipulations: 1. Garage addition facade and roof to match house. 2. No outside storage of construction material is permitted in yard. 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 by June 12, 1987. Concur with action taken pecial Use Permits are riot filed in Torrens A • STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a S12eia1 Use p r3jt,52 #87_0Z SPECIAL USE PERMIT pavid cinigag1in , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th _ day of May , 19 87 , on a petition for a special use permit pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: Allow a second accessory building on Lots 28 and 29, Block 1, Plymouth Addition, the same being 4875 - 3rd Street N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See City Council minutes of May 18, 1987. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 Fridle , Minnes ta, in the County of Anoka on the f� , day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 / SHIRLEY A. HAA ALA, CITY CLE (SEAL) COUNCIL WSTING OF MAY I8. 198' councilman Schneider stated, clearly, this request should go through e process, however, the question which should probably be addressed is it makes sense to approve the donation. Mayor Nee stated the question is whether funds should used for this party. He stated the Council made a decision to pr ss such requests through the commission and fron his point of view, to approve it would not be a good idea. councilman Fitzpatrick felt the question whether or not they wish to honor this request has to be addressed. He ated he was not sure it was illegal. NOTION by Councilman Schneider approve a $100 donation to Spring Lake Park's All-Night Senior Par , with the understanding it is for this year only. Further, the normal process should be through the Human Resources Commission and Spring Lake Park, as well as any of the other school districts, are invited to submit an application for funding through this commission. Seconded by councilwoman Jorgenson. Upon a roll call vote, Cbuncilma Schneider, Councilwoman Jorgenson and Councilman Fitzpatrick voted favor of the motion. Mayor Nee and Councilman Goodspeed voted a the motion. MYOR NEE LECLARED THE NDZON FAILED AS FOUR AFFIRTg1TIVE ARE NEEDED M EXPEND FUND. ---- 10. RECENT THE MINUTES OF THE pLpAM1W,, COMMISSION MEETING OF MAX 6. 19$7: A. ()ONSIDE_RAT_MINj Q A SPECIAI, E PERMIT, SP #87-Q7 , TO ALLa!T_A SECOND ACCE IZX .�I1� . �N L[yTS 28 ATID 29. EICX'FC , PLYMOUTH ADL)IT ON, THE SAME BEING 4875 3RD STREET N E , BX DAVID SINIGAGLIO: Mr. Robertson, community Developnent Director, stated this is a request for a special use permit to allow a second accessory building at 4875 3rd Street. He stated the Planning commission reviewed this request on May 6 and recommended approval with the stipulations that the garage addition facade and roof match the house and no outside storage of construction material is permitted in the yard. NDTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #87-07 , with the following stipulations: (1) Garage addition facade and roof to match house; and (2) No outside storage of construction material is permitted in the yard. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CpNSIpERATIONT OF A SPECIAL USE PERMIT, SP-#87-08, TO ALLKY A SECOND ACCESSORY BUILaING ON Lor 1, BLOCK 11,.M ADDITION, E AVE E B j W. Robertson, Community Dev o nt Director, stated this is a request for a special use permit allow a second accessory building at 881 66th Avenue. He stated the Planning Commission reviewed this request on May 6 and recommended approval with the stipulations that the garage facade is to