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SP87-08 JW CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55410 "'"'""' SPEC.I (612)571-3450 SPECIAL USE PERMIT FEELO SCHECULED PLANNING CDMMISSI+ SQ-iEIxJLED CITY COUNCIL MEET PROPERTY INFORMATION PROPERTY ADDRESS 3 g` LEGAL DESCRIPTION: LOT �_ BLOCK TRACT/ADDITION �� PRESENT ZONING 9,Ef 1 . 41V/ 14Z- ACREAGE SPECIAL USE PERMIT BEING APFLIED FOR: SECTION OF THE GDDE: FEE OWNER INFORMATION NAE ADERESS Q D T/ xy , N, FR SIGNATURE -2% fit Note to Contract Purchases; Fee rs u t o * * * * * * * * * * * * * * * * * * * * IVs g Bli PETITIONER INFORMATION NME 1J'1 ADDRESS SIGNATURE * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING COMtII.SSION: APPROIED DENIED CITY COUNCIL: APPRWED DENIED STIPULATIONS: C rn � � y Me petitioner hereby understands that: 1. The 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 frau 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. • '�Nl 'JNIL'�aN/9N� N'd8�Jn9nS • Q o-r flap" s/y/ aw Pali�urs SV pv°/Pror uo a tuiY'fxWfi t1rnuiy�oovx� �jgisu/10)"'Lvajv,`d1rpl"q//ojll uoymnj Zrhf to pzw,puv/ =roy° ay/j* sa r°pano9 xVani o si sn#low 1i. 1 f.m 4xn`// ellf ? 7 Oil w tVryv ♦ ^� l 60 eV J l , , 1 C t � sJo�ian.ins 990,111XIff larf�u,�r mo °f°sauuyi' • DNI I O N l b�] N I ✓ N 9 YL s��dc�r/w!Y �Nl��/.lsclsc�lVOIS . &uruonldPUD 7 uos3L,4sng TaeLp?tis (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 #87-08, by Michael Gustafson, per Section 205.07.1, C, 1 of the Fridley City Code,to allow a second accessory build- ing on Lot 1, Block 1, Meadowlands Addition,the same to being 881-66th Avenue 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 (April 20&27,1987)-FRID wiew,Arden Hills,Roseville Focus—Week of April 27.1987 3A RJBLIC 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, May 6, 19871 in the Council Chamber at 7:30 p. m. for the purpose of: Consideration of a Special Use Permit, SP #87-08, by Michael Gustafson, per Section 205.07.1, C, 1 of the Fridley City Code, to allow a second accessory building on Lot 1, Block 1, Meadowlands Addition, the same being 881 - 66th Avenue N. E. Any and all persons desiring to be �eard shall be given an opportunity at the above stated time and place. STEVE BILLINGS CHAIRMAN PLANNING COMMISSION Publish: April 20, 1987 April 27, 1987 .2 /0 SP #87-08 los DR Jj- A STON DRIVE 41:�phael Gustafson KEN 6", 1 9z Bz Y2 92 w) 2'351 9 .3 . 3 6 4 O 82 BL 8L B2 B2 82 75 75.7 .3(31-,) 17 /81 A 4- 7-f 7 7.lF 7 7-T 7 7-5.7 +2 68T' A 1- k 14 B °3 0 /2 �i) 2- CO. 9 2 9 /00 7 (f) 14 .1. ("s)// z 7 2 /0 �10 0 9 A 3 0 0 010 63� 1,441- 07 40) z TI, 1.4 9 lee z 127fw 7 Cia) �10 . 41� (0 06 6 9 qll Tie rU) 7 7; V 4 pork • Meodowlonds 157� J, IA 15 6 30 41 t .9, 12 9 P L A UE 0 �k4r 16 3 • 77 (6 ar ) z 4 0 rfs +j) 4QA .4"A, .9S "*A A-) (-1 6 � 3 � /0 IZ5 2111 77 77 5s a p- 66TH AV E " E. 60 7S ZI 7J (-70 2 2 CLOVE 7J W 04-) 2- am 19 A —C 0 R &L ROL AND W, ANDERS0Mk,,,.7,-P--70 Rel 9-7-(9 JNTY SURVEY- P ANOK MAP 10tH • Planning 4/17/87 3B MAILING LIST Council SP # 87-08 Michael Gustafson Michael Gustafson 881 - 66th Avenue N.E. Fridley, MN 55432 Glen Douglas 871 - 66th Avenue N.E. Fridley, MN 55432 George Simon 861 - 66th Avenue N.E. Fridley, MN 55432 Edward Berntson 925 Mississippi Street N.E. Fridley, MN 55432 Wayne Brodal 931 Mississippi Street N.E. Fridley, MN 55432 Richard Cis 891 - 66th Avenue N.E. Fridley, MN 55432 Dennis Digeros 870 - 66th Avenue N.E. Fridley, MN 55432 William Bailey 860 - 66th Avenue N.E. Fridley, MN 55432 Louis Pedersen 850 - 66th Avenue N.E. Fridley, MN 55432 Vernon Gustafson 871 Mississippi Street N.E. Fridley, MN 55432 Michael Luinenburg 881 Mississippi Street N.E. Fridley, MN 55432 Edward Redden 6520 Able Street N.E. Fridley, MN 55432 David Bethel 851 - 66th Avenue N.E. Fridley, MN 55432 �► COMf#SSION APPLICATION REVIEW Department Number File Date Meeting Date CITY OF Planning 27 4/6/87 5/6/87 FRl DLEY File Address /DescrlptionSP #87-08 COMPLETE REVIEW CHECKLIST 881 - 66th Avenue - 2nd Accessory Bui ldin Michael Gustayson RETURN TO PLANNING E] DARYL COMMENTS EBBIE 10493 51, _C+ JIM D� �� ,� _ gasP, - . . _ � d�-� DEBBIE s7. 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Provide screening for loading doors on Phase I building hrough installation of approved plantings along 83rd Avenue th Phase 1 construction. 5. Provide three decorativ masonry screening walls t screen loading doors, one at each buil�ing. 6. Provide eight foot high ',opaque screening fence ound storage area in Phase I construction: 7. Developer to supply to City tenant type and b ilding area calcula- tions prior to each occupancy to monitor bu' ding usage and parking supply. Occupancy of building not to exce d parking supply. 8. Landscape plan to be refined and approve by Staff prior to Council approval . 9. Provide for two planting islands in fr nt of each building on revised plans. Upon a voice vote, all voting aye, Chairpe on Billings declared the motion carried unanimously. MOTION by Mr. Betzold, seconded by Mr. ondrick, to allow Stipulation #1 regarding the variances to go st► aigh to the City Council from the Appeals Commission rather than having tolcom back through the Planning Commission first. Mr. Billings stated he felt the ommission was cognizant of the fact that the residential development across he street has, in fact, had an impact on this property after the time Mr. M mens entered into his purchase agreement; and at this time, the reason for he'; 100 ft. setback was so the residential property wasn' t buffered ri t up against unattractive looking properties. He thought the variances h d to be tied to a good looking landscape plan. Upon a voice vote, all oting aye, Chairperson Billings declared the motion carried unanimously. Mr. Robinson stated the variance's would go before the Appeals Commission on May 26 and both ti variances and special use permit requests would go to the City Council n June 1 . 2. PUBLIC HEARIN : CONSIDERATION OF A SPECIAL USE PERIIIT, SP #87-07, BY DAVID SINIGA LIO: Per Section 2P5.07.1 , C, 1 , of the Fridley City Code to allow a sec nd accessory building on Lots 28 and 29, Block 1 , Plymouth Addition, he same being 4875 - I3rd Street N.E. /iiedvoutrnianimously, Mr. Kondrick, secondedi by Ms. Sherek, to waive the formal reading lic hearing notice and to open the public hearing. ce vote, all voting aye, Chairperson Billings declared the motion and the pudic hearing open at 8:10 p.m. i 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 uth of 49th Ave. The property was zoned single family. There was an exi ting paved driveway that leads to an existing garage (352 sq. ft. ) at t rear of the lot. The petitioner was proposing a back door in the new arage so that the rear garage could also be accessed. The petitioner ha expressed a desire to clean up his property. There has been some probl with outside storage in the past, and the new garage should help allevia that problem. Mr. Robinson stated Staff was recommending the followin stipulations: 1 . Garage addition facade and roof to match house. 2. No outside storage of construction material ' 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 co truction business and keeps a lot of his construction equipment and sup ies in the trailer. Right now he has to keep the trailer in the driveway r yard. It was kind of an eyesore, and fie wanted to keep it in the garag also because of vandalism. He stated he lived in a nice neighborhood, and a wanted to improve his property and yard. MOTION by Mr. Kondrick, seconde by Ms. Sherek, to close the public hearing. Upon a voice vote, all voti aye, Chairperson Billings declared the public hearing closed at 8:13 p. MOTION by Mr. Kondrick seconded by 11s. Sherek, to recommend to City Council approval of Special U e Permit, SP #87-07, by David Sinigaglio, per Section 205.07.1 , C, 1 , of e 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. , wit the following stipulations : 1 . Garag addition facade and roof to match house. 2. o tside storage of construction material is permitted in yard. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. Mr. obinson 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 Fridley City Code, to allow a second accessory building on Lot 1 , Block 1 , Meadowlands Addition, the same being 881 - 66th Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the formal reading of the public hearing notice and open the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously and the public hearing open at 8:16 p.m. _ I 0 PLANNING COMt1ISSION MEETING, MAY 6, 1987 PAGE 7 Mr. Robinson stated this property was located just north of 66th Ave. and to the north and west of Able St. on Meadowlands Park. The proposal was for a second accessory building, a garage, to be located to the rear of the house. He stated there was quite a steep slope along the side of the petitioner's house where the driv way would be. He was not sure of the petitioner's plans but Staff was ►recommending the driveway slope be reduced as much as possible. Mr. Robinson stated Staff was rec mmending the following stipulations : 1 . Garage facade to match house. ] 2. Driveway to be at least three feet from adjoining lot. 3. Driveway slope to be reduced as much as possible. 4. Owner to secure NSP authorization of garage placement prior to construction. Mr. Gustafson stated that regardi ' g stipulation #1 to have the garage facade match the house, he had thought o using a different type of facade for the garage. fie stated his house has white steel siding, and he thought that the garage in its proposed location wth the trees might look better with a redwood facade. However, he woul do whatever the City wanted. P1r. Bondow stated he agreed with 1r. Gustafson. He stated he thought the redwood would have less of a visu' l impact than the white when viewing the property from the park. Mr. Robinson stated the intent of, that stipulation was to ensure that the second accessory building was com' atible with its surroundings. Mr. Billings stated he felt they could probably change that stipulation and let Staff approve the garage facade. MOTION by Mr. Betzold, seconded b 14s. Sherek, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing closed at 8:25 p.m. MOTION by Mr. Betzold, seconded Ms. Sherek, to recommend to City Council approval of Special Use Permit, S,P #37-08, by P1ichael Gustafson, per Section 205.07.1 , C, 1 , of the Fridley City Code to allow a second accessory building on Lot 1 , Block 1 , Meadowlands Addition, the same being 881 - 66th Avenue N.E. , with the following stipulations : 1 . Garage facade to be approved by Staff. 2. Driveway to be at leastthree feet from adjoining lot. 3. Driveway slope to be re uced as much as possible. 4. Owner to secure NSP authorization of garage placement prior to construction. r PLANNING COMMISSION MEETING, MAY 6, 1987 PAGE 8 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. 4. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #87-03, OLIVER OLS014 ADDITION, BY DON14A OLSON: Being a replat of Lot 1 , Block 1 , Viet's 2nd Addition, and Lot 26, Revised Auditor's Subdivision No. 23, according to the plats thereof on file and of record in the office o the County Recorder in and for Anoka County, Minnesota, the same being 6430 East River Road N.E. MOTION by fir. Kondrick, seconded by Mr. Betzold, to waive the ormal reading of the public hearing notice and to open the public hearing Upon a voice vote, all voting aye, Chairperson Billings clared the motion carried unanimously and the public hearing open at 8:2 p.m. fir. Robinson stated this petition involved a single arcel of residential property on the southwest corner of East River Ro and 641-, Way. The property was zoned single family. The proposal s to split the parcel , which included a single family existing home, i to three single family lots , creating two additional buildable lots. Mr. Robinson stated a lot split request wa reviewed by the City Council in 1982, and a copy of those minutes dated y 3, 1982, were included in the agenda. At that time there was some co troversy as to the size of the lots and also a proposed street easment wh'ch the City was requesting to run along the west side of the property. Mr. Robinson stated that in 1982 a lot split approved by the City Council was rejected by the petitioner, and the petitioner was back at this time ask- ing for a different subdivisi . Mr. Robinson stated the pr osal was for a corner lot (Lot 3) to be 73.39 ft. in width , the middle lot Lot 2) to be 65 ft. in width, and the resident's lot (Lot 1 ) would have e balance of 128 ft. in width. Mr. Robinson stated at as far as lot area, Lot 1 was 17,177 sq. ft. , Lot 2 would have 8,952 s . ft. , and Lot 3 would have 11 ,064 sq. ft. The code required that cor er lots be 80 ft. in width and that all lots be a minimum of 75 ft. in wi h. All lots must have an area of 9,000 sq. ft. so the plat as proposed ha 3 variances for lot width (Lot 2 and 3) and one for lot area for the iddle lot (Lot 2). Mr. Robins n stated Staff was proposing that the lot widths and lot areas be as follov t 1 (resident's lot) - 121 ft. wide; lot area - 16,262 sq. ft. Lot 2 (middle lot) - 70 ft. wide; lot area - 9,646 sq. ft. Lot 3 (corner lot) - 75 ft. wide; lot area - 11 ,285 sq. ft. � R ' • i COUNCIL MEETING OF MAY 18,19 NOTION by Councilman Fitzpatrick to authorize execution of the lease agreement with School District N�. 14 for the "A" frame. Seconded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. QDNSIDERATION OF DONATION HT PARTY FOR SPRING LAKE PARK HI H SCHWL SENIORS: Ms. Donna Carlson, Chairman of the Prizes and Donation Committee for Spring Lake Park High School, appeared before the Council regarding their request for a donation to the senior all-nice party. She stated they have made a similar request for financial support �fram� the cities of Blaine and Spring Lake Park and they each donated $30o is party. She stated since Spring Lake Park School District #16 falls within Fridley, Spring Lake Park, and Blaine, they are also making this Ine r Suest of Fridley. Ms. Carlson stated the School District provi the building, use of the kitchen facilities, and custodial services. $he stated teachers also donate their time. She stated she felt this wo d,be a worthwhile donation to provide for the young people in the communi !to help then have a safe and memorable graduation party. i Mr. Hunt, Assistant to the City Manager , stated staff has provided memorandums to the Cbuncil regardin this issue. He stated School District No. 14 makes no request of any governmental agency for a donation. He stated School District No. 13 in Cb�unbia !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 ing questioned. Councilman Goodspeed stated he fel , if this request is approved, it would be a precedent the Council cannot f rd to set. NOTION by Councilman Goodspeed to thl s request for a donation to the Spring Lake Park Senior All-Night Party. NOTION FAILED FOR LACK OF A SECOND. Cbuncilman Schneider asked why the attorney for Columbia Heights believed this was an illegal use of City f ds. Mr. Neuman, 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 loenefits a relatively small number of people. Mr. Newman stated he fel t is a "gray" area, but could argue either way. He stated to take it o the extreme, what would happen if a neighborhood group wanted to have a jartyl to keep everyone off the street. He stated the argument can be made it. is a public purpose. NT. Newman felt if the City Council granted this r strl they would have to reciprocate, if requests were received f ran other 3chool districts. Councilman Goodspeed stated he fel is ,would be a charitable contribution and a procedure has been established to process these requests. 1 1 � COUNCIL MEETING OF MAY 18, 1987 Councilman 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. NOTION 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 Hunan Resources commission and Spring Lake Park, as well as any of the other school districts, are invited to suhnit 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 MDTDN FAILED AS FOUR AFFIRMATIVE VOTES ARE NEEDED TO EXPEND FUNDS. 10. RECEIVING THE MINUTES OF THE PLANNING OOI`II4ISSION MEETING OF MAY 6 , � A. ¢7NSIDERATION OFA SPECIAL. USE PERMIT, SP #87-07, TO ALL(A0 _A SECOND ACCESSORY BUILDING ON LOTS 28 AND 29, BLOCK 1, PLYMOUTH ADDITION, THE SAME BEING 4875 3RD STREET N.E. , BY AVID 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. MDTION 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. CpN` IDERATION OF A SPECIAL USE PERMIT SP #87-08, TO ALLOWA SECOND ACCESSORY BUILDING ON LOT 1, BIIJCK 1, NIF,ADOI^1LANIDS ADDITION, THE SAME BEIM 881 66TH AVENUE N E , BY MICHAE__� 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- COUNCIL MEETING OF MAY 18, 1987 be approved by staff; driveway to ta of least three feet from adjoining lot; driveway slope to be reduced as mudi As possible; and owner to secure NSP authorization of garage placement prior construction. I Mr. Robertson stated staff had r oD a ded the garage facade match the house, however, the petitioner sta d�te house has white steel siding and since the garage would be close to a park, possibly a redwood facade would be more appropriate. He stated the P1 ng Commission's recommendation is that the garage facade be approved f. Mr. Gustafson stated he has contact d Norern States Rower and they did not have any objection to his placement of th garage on this property. MOTION by Councilman Goodspeed t nc r with the recommendaton of the Planning Commission and grant s ialFIuse permit, SP #87-08, with the following stipulations: (1) gara a facAe to be approved by staff; (2) driveway to be at least three feet Erin adjoining lot; (3) driveway slope to be reduced as much as possible; an ( ) owner to secure NSP authorization of garage placement prior to construction. Seconded by Cbuncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. G ODNSIDERATION OF A PRELIMINAWT. S. #87-03, OLIVER OLSON ADDITION, BE A REPLAT OF 1 BLOCK 1, VEITSND ADDITION, AND IAT 26, RKVISM UDIWRI S SLJBDIVISION SAME BEIM 6430 EAST PJVR R E N: NDTION by Councilman FitzpE:trick to stet the public hearing on this preliminary plat for June 1, 1987. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Maycr Nee declared the motion carried unanimously. D. OC)NSIDERATION OF A VACATION V #87-03, M VACATE A DRAINAGE AND UrILITY EASE NT REATED BY VE T' S SECOND ADDITION GENERULY LOCATED AT 6430 FAST RIVER ROAD N E BY DONNA 0 MDTION by Councilman Fitzpatrick t sat the public hearing on this vacation request for June 1, 1987. Seconded CoGilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de 1ared ;he motion carried unanimously. E. ERATION OF A LOr SPLIT. T OFF PART OF LOT 13, REVISED AUDITOR'S_EMYISON NO, 103, GENERALLY LOCATED T 8100 FAST RIVER ROAD N E ERNADEPI`E BENSON OF MIDWE SUPER STOP: Mr. Robertson, Community Develolmient D4ector, stated this property is located on the southwest corner of Fairmobt and East River Road. He stated in 1984, a special use permit was issued for construction of a service station. He stated after the petitioner moved into the building, they discovered their property line was nct identical to the fence line west of the building, but ran at a drastic argle to what would be the side and back yard of the adjacent home. He statee in order to clear up this problem, the 7 COUNCIL ME TING OF MAY 18,_1987 petitioner has agreed to split the property west of the fence and sell the property to the neighbor who will combine it with his lot to bring it up to code. He stated after the lot split, the lot area for the service station will be 21,800 square feet which is more than adequate as the code requires 20,000 square feet. Mr. Robertson stated the Planning Commission reviewed this request on May 6 and recommended approval with the stipulations that the petitioner execute and return a street easement agreement (17 feet along East River Road) prior to recording the lot split; dumpster screening be provided prior to recording; hedging along Fairmont Street with edging, weed barrier, and mulch be provided prior to recording; and the subdivided parcel be added to the residential lot to the west concurrently with recording. NOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant lot split, L. S. #87-03, with the following stipulations: (1) petitioner execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) dumpster screening be provided prior to recording lot split; (3) hedging along Fairmont Street with edging, weed barrier, and mulch be provided prior to recording; and (4) subdivided parcel to be added to residential lot to the west concurrently with recording. Seconded by (buncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by Councilman Goodspeed to receive the minutes of the Planning Commission meeting of May 6 , 1987 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MARCH 30. 1987: MJTION by Councilman Schneider to receive the minutes of the Charter Cbmmission meeting of March 30, 1987. Seconded by Cbuncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF EXECUTING A HOLD HARMLESS AGREEMENT WITH THE FMC CORPORATION ON THEIR S'MRM MTER SYSTEM AND PAYMENT OF M- RM WATER FEES: Mr. Flora, Public Works Director, stated after considerable negotiation with FMC, the City has received a hold harmless agreement for the storm water system within the FMC-Navy property and extending across the Anoka County Park to the Mississippi River. He stated the agreement establishes total responsibility for that system to FMC and holds the City and County harmless. Mr. Flora stated since this is a private system and the City now has an agreement that FMC will maintain it, he would recommend the Council authorize execution of this agreement. Mr. Flora stated FMC has requested the City waive the past and present storm water drainage fees. He stated since the fee was adopted, FMC has not paid any of those charges and are in arrears $13 ,416.42 and a current fee of -8- 10V M I U iAd- al)I AVaB 7-08 ST ALAI I 1 , GARAGE FACADE SUBJECT TO STAFF APFRovAL. L, URIVEWAY TO BE AT LEAST THREE FE.El FROM ADJOINING LOT, 3, URIVEWAY SLOPE TO BE REDUCED AS M CH AS POSSIBLE. 4, UWNER TO SECURE NSF AUTHORIZATION OF GARAGE PLACEMENT PRIOR TO CONSTRUCTION, 512 AGREEMEW r - I, -� owner of the property located at have no objection to the City allowing the construction o a t_cc � Q to be located at p — (�� / �7 without the required certificate of survey that the City ordinarily requires for all new construction. Signature Address Date es Witn r • I • C TYOF F PLEY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 CITY MCI ACTION Michael Gustafson May 29, 1987 881 - 66th Avenue N.E. Fridley, MN 55432 On May 18, 1987 the Fridley City Countit officially approved your request for a Special Use Permit, SP #87-08, to allow a second accessory building on Lot 1, Block 1, Meadowlands Addition, the same being 881 - 66th Avenue N.E. with the following stipulations: 1. Garage facade subject to staft ap oval. 2. Driveway to be at least three feet from adjoining lot. 3. Driveway slope to be reduced as m cri as possible. 4. Owner to secure NSP authorization of garage placement prior to construction. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, �'bwuj-') James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department ty June 12 1987. concur with acffon taken w � STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a SXcia1 Use Permit, SP._J87-0$_ SPECIAL USE PERMIT Michael Gustafson 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 Fridley' s Zoning Ordinance, for the following described property: To allow a second accessory building on Lot 1, Block 1, Meadowlands Addition, the same being 881 - 66th 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 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 atthe City of Fridle , Minnesota, in the County of Anoka on the Luh day of 19 �" � • DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAA ALA, CITY CLEA (SEAL) R • • COUNCIL MEETIM 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 [arty. He stated the Council made a decision to process such requests through the Oonnission and frau his point of view, to approve it would not be a good idea. Councilman Fitzptrick 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. MOTION by Councilman Schneider to approve a $100 donation to Spring Lake Park' s All-Night Senior Party, with the understanding it is for this year only. Further, the normal process should be through the Human Resources Commission and Spring Lake Park, as well as any of the other school districts, are invited to submit an application for funding through this Commission. Seconded by (buncilwoman Jorgenson. Upon a roll call vote, Cbuncilman Schneider, Councilwoman Jorgenson and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee and Councilman Goodspeed voted against the motion. M%YOR NEE DECLARED THE MDTON FAILED AS FOUR AFFIRtATIVE VOTES APE NEEDED TO EXPEND FUND. 10. RECEIVING THE MINUTES OF THE PLAIN IM COMMISSION MEETING OF MAY 61 1987' A. CONSIDERATION OFA SPECIAL USE PERMIT, SP #87-07, TO AI.LfJ4LA �ECOM AESSORY BUILDIIJG ON SATS 28 AND 29, BTA�K 1, PLYMOUTH ADDITION, THE SAM BEING 4875 3RD STREET N.E. . BY DAVID SINIGAGLIO: Mr. Pobertson, (bmmunity Developnent Director, stated this is a request for a special use permi to allow a second accessory building at 4875 3rd Street. He stated e Planning Commission reviewed this request on May 6 and recommended a oval with the stipulations that the garage addition facade and roo match the house and no outside storage of construction material is fitted in the yard. MDTION by uncilman Fitzpatrick to concur with the recommendation of the Plannin Commission and grant special use permit, SP #87-07 , with the follow'ng stipulations: (1) Garage addition facade and roof to match house; and ( ) No outside storage of construction material is permitted in the yard. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. QDNSIDERATION OF A SPECIAL USE PERMIT, SP #87-0$, TO_AL1_QW-A SECOND ACCESSORY BUILDING ON LOr 1, BLOCK 1, MEADOaMW_ ADDITION, THE SAME BEIM 881 66TH AVENUE N.E , BY MICHAEL GUSTAF60N: Mr. Robertson, Cxnmunity 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- be approved by staff; driveway to be at least three feet from adjoining lot; driveway slope to be reduced as much as possible; and owner to secure NSP authorization of garage placement prior to construction. Mr. Robertson stated staff had recommended the garage facade match the house, however, the petitioner stated the house has white steel siding and since the Garage would be close to the park, possibly a redwood facade would be more appropriate. He stated the Planning Commission's recommendation is that the garage facade be approved by staff. Mx. Gustaf son stated he has contacted Northern States ibwer and they did not have arry objection to his placement of the garage on this property. PDTION by Councilman Goodspeed to concur with the reoommendaton of the Planning Commission and grant special use permit, SP #87-08, with the following stipulations: (1) garage facade to be approved by staff; (2) driveway to be at least three feet from adjoining lot; (3) driveway :lope to be reduced as much as possible; and (4) owner to secure NSP authorization of garage placement prior to construction. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. �I�.FMERAT N QF A PRELIMINARY PLAT, P_S_ #87-03, OLIVER OL-$QN ADI) ITI4N BEING A REPEAT OF LOT 1, BLOCx 1. YE T'_ Np ADDITION. AND LOT 26 REVISED AUDITIOR' S SUBDIVISION W. .23, THE E 6430 EAST RIVER ROAD N.E , BY DONNA OLSON: NDTION by Councilman Fitzpatrick to set the public hear ' g on this p�rel iminary plat for June 1, 1987. Seconded by Councilman S neider. Upon a voice vote, all voting aye, Mayor Nee declared the-motion carried unanimously. D. ( NSTDFRATION OF A VACATION REQUEST, SAV #87-Q3, TO VACATE A 6 FOQT DRAIMGE Arm UrILITX EASEMENT IS SEODND ADDITIO GENERALLY LOCATED AT 6430 EAST RIVER E BYDONNA OLSON NDTION by cI)iL.cilirLFitzpatrick to se e public hearing on this vacation request for June 1Seconded Councilman Schneider. Upon a voice vote, all voting aNee ared the motion carried unanimously. E. NSIDERATTON L �' ART OF Lor 13, REVISED AUDITOR'S SUBDIVISON NO, 103, GENERALLY LOCATED 10 0 EAST RIVER,.ROAD, N E By BERNAaE--M.BENCQN OF MIDWE.S'I' SUPER STOP: Mr. Robertson, mmunity Development Director, stated this property is located on southwest corner of Fairmont and East River Road. He stated in 1984, special use permit was issued for construction of a service stat' fie stated after the petitioner moved into the building, they dis - ered their property line was not identical to the fence line west of the building, but ran at a drastic angle to what would be the side and back �ard of the adjacent hone. He stated in order to clear up this problem, the -7-