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SP82-08 7 C;ITY OF FRIOLEY, SUBJECT �0 E:431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT FRIOLGY, MN. 6543E (612)'571-3450 SP # �- DATE ,1 / d' ADDRESSX/ PLANNING COMMISSION: P.H. DATE z/ APPROVED �� DISAPPROVED DATE NO CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME �.9,y1 ,� �� C`;�© _S FEE RECEIPT NO ,S/ STREET LOCATION OF PROPERTY &A7/ �s .• C�Or� J/'— /I� LEGAL DESCRIPTION OF PROPERTY L - PRESENT ZONING CLASSIFICATION x?-/ EXISTING USE OF PROPERTY eSib j 1 L_. ACREAGE OF PROPERTY.g&7 ,X7/. DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT Zi2 Has_lhg present applicant previously sought to rezone, plat, obtain a lot split or arianc�or special use permit on the subject site or part of it? __22es no. at was requested and when? y T _l The undersigned understands that: (a) A list of all residents and owners ofproperty within 300 feet must 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 defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property 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 proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within '300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE (a —i — d„ SIGNATURE -(APPLICANT) ADDRESS !'"Z �i' TELEPHONE NO- r 777 r v � W 'bfi�t L4 t k r #P tti Z�,,�L< tsaC"')s ,.. ; �' ✓�• �f"e. a7 , C�xx� , {:,�A,� '' 'n ' ;. C e4 +'. 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'� y, .� V € �` �k � R s r' � �a �r t K„y��' ,�'''� � a�''� �„ 'i. ?r t yyh�1 v �y „„ atop�ye t aft f, r yy- p q rh t k, ry 3. 11 Land Pknfw)y CmM-,gorldyy•cs AT la7dSLrwyny M opnlrs32. Soils iTtslay A�axsofo ENGINEERING, INC. Civ,l b A�inkipe/ Slisrf d�066 E — Engineers Sur vecyors certificate o surve 7r For- J A, ^ E, j OSRC)SS Ls L% <SARAGC a r 1a27/Ji9GCp/ d J J N r% L nt �t'1!� rC71 ��'1Y',t�( — ,�J; ►r�n ?•r,ezo 1 • /bur whf #W*6 is o bw and corned re senfofrion o a swve 4r#x haw,do�es y('f�r a 6or dtwvbed kr d,and by y. f'n i' y ,IW/croA00 or'od Nildays,&rew..and od risible ox-vorhmenfs,i!mj.�or ars said/and. As surveyed�me }f4 _cby A.D.CiL. SUB UR8AN ENGINEERING, INC. Lzgi eers/. fr Scp-rtyorpf ��l IOlficitil Publication) 1'UtiLIC HEARING IIETORPI.ANNINGCUMM SSION n"J"be a public Heus hereby King oft h t Plane Fridley liiitthc.' of th City Of vay.i Avenue it all on Weds sl- Purpodav• Jule 1J. IIRl in the Council seof at 7:70 Y.M. for the Purpose of. Consideration of a Speciu! (Ise Permit. S!'Ngl-1)8, by James H. Cross. Per Scc•tion '105.11.41,Z,A n( I he F'ridk}('it?'Code to allow the 1 M-41ruetion of a second ac- hed building. a LY' by 24- dela( hed garage On Lot 4 Hloc'k I Irene Ilenry addilion. the same being 6271 Juc•kson Shcct N.Iy, Any and all persons dcsiriug to be heard shall be glven an oppportunil v al the aM:ve sl:ded lime:md place. ('hairwomanyI I l'Ia11WA Cumuu B on Glunc 70&Jut.7.1082)-b'It1U r J 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, July 14, 1982 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Special Use Permit, SP #82-08, by James H. Cross, per Section 205.051 , 2, A, of the Fridley City Code, to allow the construction of a second accessory building, a 22 ft. by 24 ft. attached garage, on Lot 4, Block 1 , Irene Henry Addition, the same being 6271 Jackson Street 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: June 30, 1982 July 7, 1982 9 Planning Commission June 29, 1982 MAILING LIST SP #82-08 dames Cross Second Accessory Building Delores J. Lynch Mr. & Mrs. John Anderson 6230 Carol Drive N. E. 6270 Van Buren Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Richard L. Hanson Mr. & Mrs. James Cross 6220 Carol Drive N. E. 6271 Jackson Street N.E. Fridley, Mn 55432 Mr. & Mrs. Phillip Weglinski Mr. & Mrs. Michael Collins 6281 Jackson Street N.E. 6216 Carol Drive N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Clarence Johnson Mr. & Mrs. Joseph Rystrom6291 Jackson Street N.E. 6218 Carol Drive N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Robert Miller Mr. & Mrs. Kenneth Swanson 6293 Jackson Street N. E. 6214 Carol Drive N. E. Fridley, Mn 55432 Fridley, Mn 55432 Fridley Senior High School School Dist #14 Mr. & Mrs. Jeffrey Duerre 6000 West Moore Lake Drive 6212 Carol Drive N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Stephen Wontor 6206 Carol Drive N. E. Fridley, Mn 55432 Mr. & Mrs. Walter Johnson 6261 Van Buren Street N.E. Fridley, Mn 55432 Mr. & Mrs. John Lopicka 6271 Van Buren Street N.E. Fridley, Mn 55432 Mr. Stuart Dabberpuhl 6281 Van Buren Street N.E. Fridley, Mn 55432 Mr. & Mrs. Nels Alfredson 6290 Van Buren Street N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Sutherland 6280 Van Buren Street N. E. Fridley, Mn 55432 13 ell C�� . 1 a �Jj q o A hT i i � I O � � 5�N/Ll/ltc� ��b•/Y� r 4 0 � O I o � I r i i 1 I I � � I I i 17 P%X6 Wes Ae ah a It c Trc�✓ A - A JY t � 4 ` - 9 e4d e-I �— - AAl1 _ �1 UJ�T 4 NVn/ d n C � N , i e I ` � h r I � f h 10 { W �T , � N d S o f � Q p o 61 V ` t b , b n w� n y \13 I � 1 NN c, v z ; W OZ i i SP #82-08 Wmes Cross and varia e I Nt ro ea V \ � � a �� ov \ � 0 ESUBJECTCITY O1= FMOLLZY, tv�lrvn�e oY.�aCCCiflNfll.�-.�S1Or, ,4 APPLICATION ION 1 Ue ortrnurV a,s m 1iurnu rHey Approved by Uo10 - Gr FIL 0/ 39DREr FILE O/�/ COMPLETE REVIEW CHECKLIST � RETURN TO PLANNING -7 DUE 0AT- COMMENTS F-1 nT 44 A uA EM Lu Pe SIA toe s w4*-t,-170 *ee �CCtSS077 S�is.G�i�ris aS 9 A Is IIS APPEALS COMMISSION MEETING - JUNE 15, 1982 PAGE 3 indicated, for the record,that she voted against the motion because of the precedence that might be not for building decks in front yards, which decision she felt should be made by the City Council, and because she was unsure that a hardship had been established. She explained that this item would be referred to the City Council and wool . appear on their agenda on July 12, 1982. 2. CONSIDERATION OF A VARIANCE REQUEST, PURSUANT TO CHAPTER 205 OF THE FRIDIEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK FOR AN ATTACHED GARAGE FROM THE REQUIRED 5 FEET TO 2 FEET, TO ALLOW THE CONSTRUCTION OF A 22 FT. BY 38 FT. ATTACHED GARAGE ON LOT 32i BLOCK 6, CARLSON'S SUMMIT MANOR SOUTH THE SAME BEING 012 ALTURA ROAD N.E EXISTING 27 FT. BY 14 FT. DETACHED GARAGE WILL EE REDUCED TO A 12 FT. BY 14 FT STORAGE AREA Re nest by Robert G Kishish, Altura Road N.E. Fridley, MN 55421) . MOTION by Mr. Plemel, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL. VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT 7,47 P.M. ADMINISTRATIVE STAFF REPORT 5312 Altura Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, #4, requires a minimum 5 foot side yard adjoining an attached garage. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in a residential neighborhood. B. STATED HARDSHIP: "With existing side door steps, I need a 22 foot wide garage for adequate storage of cars and other accessories." C. ADMINISTRATIVE STAFF REVIEW: If the Board approves this request, the staff suggests that the Board stipulate that the north wall of the proposed garage have no openings and that the exterior wall be 5/8 inch type X gypsum board. Fir. and lArs. Robert Kishish, 5312 Altura Road N.E., Fridley, Mm were present. Mr. Clark provided the Commission members with an aerial photograph, current pictures and.proposed construction plans. Chairwoman Gabel asked if the reduction of the garage to a 12 foot x 14 foot storage area would allow the building to be large enough to be considered an accessory use so that a special use permit was required? Mr. Clary explained that the existing house with the proposed addition almost meets the 259 maximum coverage so to stay under the 25% lot coverage that dwelling would have to be reduced. Mr. Kishish explained that he owned three vehicles, snowmobile, boats, canoes all of which require more storage space than he presently has. Chairwoman Gabel asked about the windows w 21 t APPEALS COMMISSION MEETING - JUNE 15. 1982 PAGE 4 In the plans and Mr. Kishish explained that he had spoken with Mr. Clark who said that wire glass could be put in a fire wall. Mr. Kishish indicated an interest in using such windows as that would allow some light to come into the garage. The windows in the house would be blocked off and gypsumed. He added that a 13 x 16 foot dining area would be added to the rear of the house. Mr. Plemel asked who would be doing the work and Mr. Kishish said he would do the finishing himself but would contract for some of it. Chairwoman Gabel asked if Mr. Kishish might just tear the existing garage down and he said he would. Mr. Barna asked if he would have access to the back yard through a garage door and Mr. Kishish said he would. Chairwoman Gabel asked if the same siding would be available and Mr. Kishish said it was but that he was considering stuccoing the exterior, but whatever he did he would make it consistent. Mr.and Mrs. Anderson, neighbors of the Kishish's, were asked to come forward. Mrs. Anderson indicated that their complaint was that the addition would bring it too close to the property line, especially with the roof overhang. She also felt that it would out the value of their property to which Chairwoman Gabel responded that Mr. Kishish's improving the looks of his property would increase, rather than decrease, the value of theirs. Mr. Kishish added that the City Planner said he would work with them on landscaping to keep the property looking nice. Mr. Anderson added that he felt it would also create a water problem. Chairwoman Gabel said that even if the variance was denied Mr. Kishish could still build the garage just two feet over. She asked Mr. and Mrs. Anderson if they could discuss this with the Kishish's to make it more palatable and Mrs. Anderson said they felt it was just too close. Appropriate draining should be used. MOTION by Ms. Gerou, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:05 P.M. Chairwoman Gabel asked that it be noted in the record that a valid hardship had been established. She asked Mr. Clark if theewire glass windows were equivalent in safety with the fire wall and Mr. Clark said they were. MOTION by Mr. Barna, seconded by Mr. Plemel, that the Appeals Commission recommend to the City Council, through the Planning Commission, approval of the variance to reduce the side yard setback for an attached garage from the required 5 feet to 3 feet, to allow the construction of a 22 feet by 38 feet attached garage on Lot 32, Block 6, Carlson's Summit Manor South, the same being 5312 Altura Road N.E. with the stipulation that the north wall be a firewall with 5/8 inch type x gypsum board and that any windows in the north wall be fire safe steel mesh windows. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. (f &T-DERATION OF A VARIANCE REQUEST, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FT. TO 11 FT, TO ALLOW THE CONSTRUCTION OF A 22 FT. BY 24 FT, ATTACHED GARAGE AL OF A SPECIAL USE FIMMIT FOR A SECOND ASOR OR UC -SIDZ YARD UTPACK10 FET TO 5 FEET O THE LNING SIDE, DF A DdELLING.So RHE JZIST115 GARAGE CAN M CONVERTED TO LIVING AREA. 1T = SMTAL USE PERMIT IS Dpi AIS Qui WT 4. BLOCK 1. Im HENRY ADDITION. THE SAI✓.F; BEING 6271 JACKSON STREET NE (Request by ,lames H, Cross. 271sjackson Street N E . Fridley. Minnesota. 55432) . 1 APPEALS COMMISSION MEETING - JUNE 1$, 1982 PAGE 6 23 ' intend to install a single door and use it for storage. Chairwoman Gabel asked Mr. Cross to establish the hardship and he said he has three vehicles, a camping trailer, boat trailer and a single garage. Mr. Cross asked that the variance request to reduce the side yard setback from 10 feet to 5 feet on the living side of the dwelling so the existing garage can be converted to living area be struck from the request. He stated that they either want to go ahead with two garages and obtain a special use permit or stay with what they have now. He added that the majority of the work would be done by themselves. Chairwoman Gabel indicated that there was no one who would be impacted by the visual change because of where the dwelling is located. MOTION by Mr. Plemel, seconded by Ms. Gerou, to close the public hearing. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8s27 P.M. The hardship established is the need for storage of vehicles. MOTION by Ms. Gerou, seconded by Mr. Plemel, to grant the variance request to reduce the front yard setback from the required 35 ft. to 11 ft. to allow the construction of a 22 ft. by 24 ft. attached garage, subject to the approval of a special use permit for a second assessory building at 6271 Jackson Street N.E. , Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Gerou, seconded by Mr. Barna, to deny the request to reduce the side yard setback from 10 feet to 5 feet on the living side of the dwelling, so the existing garage can be converted to living area on Lot 4, Block 1, Irene Henry Addition, the sane being 6271 Jackson Street NE, based on the petitioners request and the neighbor's objections. UPON A VOICE V0TE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESsi Chairwoman Gabel requested that Mr. Clark have available for each Commission member at next meeting a copy of the memorandum dated August 2, 1979, from Mr. Hereck to Fridley City Coun which dealt with variance information. Chairwoman Gabel ad dre d the ject of having a handout available for people coming into Mr. Clark's of e n how to prepare for an appearance before the Appeals Commission. Mr. Clan id that he does indicate to people how to prepare, but if the Commiss n iced he would draw up a short checklist for people to follow. (i.e. ha other a ternatives been considered, what is the hardship, and what to a ct). ADJOURNiT: MOTION by Mr. Barna seconded by Mr. Plemel, to ourn. UPON A VOICE VOTE, ALL VOTING AYE, CHA MAN GABEL DECLARED THE APPEALS ISSION MEETING OF JUNE 159 1982, ADJOURNED AT. Bt P.M. Pat Von Mosch Recording Secretary r 22 APPEALS COMMISSION MEETING - JUNE 15, 1982 PAGE S MOTION by Mr. Plemel, seconded by Ms. Gerou, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC HEARING OPEN AT 8110 P.H. ADMINISTRATIVE STAFF REPORT 6271 Jackson Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. AND/OR , Section 205.053, 4B, requires a minimum 10 foot side yard adjoining living area. Public purpose served by this requirement is to maintain a minimum of 20 feet between living areas in adjacent structures and 15 feet between garages and _ living areas in adjacent structures to reduce exposure to conflagration of fire. It is also to allow for aesthetically pleasing open areas around residential structures. B. STATED HARDSHIP: "Only location where I can build a garage of the size needed." C. ADMI14ISTRATIVE STAFF REVIEW: This home is located at the end of Jackson Street and there are no other hones that front on Jackson south of the petitioner. The petitioner wants to build an attached garage in front of their existing house and have the access door face north and utilize their existing driveway. They would also like to keep their existing garage of which they will be requesting a special use permit. If the front yard variance is granted and the special use permit denied, they will then need to convert their exiting garage to living area and they will need a side yard variance for it. If the Board approves these requests, we would recommend that no windows be placed on the north wall of the converted garage. Mr..James H. Cross, 6271 Jackson Street N.E., Fridley, Minnesota was present. Nr. Clark supplied Commission members with aerial and current photographs of the property. Mr. Clark explained that Mr. Cross wishes to construct a two car garage with the driveway off to the north and keep his existing garage for miscellaneous storage. To day this he would need a special use permit for the seoond garage. Mr. Clark suggested that the Commission members deal with Llach issues separately. He said that the northerly neighbor had called and stafed they would rather see the old garage left as a garage and not made into living quarters. Mr. Cross said that although they plan to build a double garage they CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 14, 1982 CALL TO ORDER: Vice-Chairperson Oquist called the July 14, 1982, Planning Commission meeting to order at 7:31 p.m. ROLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel , Mr. Svanda, Mr. Kondrick, Ms. van Dan Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner James Cross, 6271 Jackson St. N.E. Jim Benson A. Oscar Carlson S & R Investment Co. APPROVAL OF JUNE 23, 1982, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE THE JUNE 23, 1982, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . P_U BLIC EEA+RING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT SP #92-08,-.BY JAMES H. CROSS: Per Section 205.051 A, of the Fridley to allow the construction of a second accessory building, a 22' x 24' attached garage on Lot 4, Block 1 , Irene Henry Addition, the same being 6271 Jackson Street N.E. (Variance granted 6/15/82, subject to approval of special use permit) MOTION BY MR. SABA, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP #82-08 BY JAMES H. CROSS. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Boardman stated this lot is the last lot on Jackson Street. It is a dead-end street with a cul-de-sac. He stated the request is for the addition of a second garage. The request to the Appeals Commission on June 15 was to construct the new garage and turn the existing garage into a living area which would require a variance from 10 feet to 5 feet from the north property line, because the existing garage as it is now is 5 feet off the property line. At that time, the neighbors were not opposed to the construction of the new garage, but were opposed to the PLANNING COMMISSION MEETING, JULY 14, 1982 PAGE 2 existing garage being converted into living space and requested that both garages .be used as garage space. The petitioner had stated he had no problem with allowing the existing garage to remain a garage. This then required his coming in for a special use permit, because the code doesn't allow second accessory structures of 200 sq. ft. without a special use permit. Mr. Boardman stated the petitioner is requesting a special use permit for the construction of a new garage and to allow the existing garage to remain a garage. He stated Staff has no problems with this request. He felt it was appropriate since this house is at the end of the street and the setback variance in front was granted by the Appeals Commission. The petitioner, Mr. James Cross, stated this was the only location they had on the lot to build an additional garage, and they really need the storage space. The only alternative would be to store their vehicles in the yard or on the street. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING ON SP #82-08 BY JAMES H. CROSS. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE PUBLIC HEARING CLOSED AT 7:41 P.M. MOTION BY MR. SABA, SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP #82-08, BY JAMES H. CROSS, PER SECTION 205.051, 2, A, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 22' X 24' ATTACHED GARAGE ON LOT 4, BLOCK 1, IRENE HENRY ADDITION, THE SAME BEING 6271 JACKSON STREET N.E. (VARIANCE GRANTED 6/15/82, SUBJECT TO APPROVAL OF SPECIAL USE PERMIT) . UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated this request would go to City Council on July 26. 2. VACATION REQUEST: SAV #82-.02, BY S & R INVESTMENT COMPANY: Vacate that portion of unused right-of-way adjacent to the west siTe of Lots 13, 14, and 15, Block 4, Hamilton's Addition to Mechanicsville, (highway turn-back) , to allow the construction of a 4-plex, the same being 5600 - 4th Street N.E. (Appeals Commission recommended approval of variance on June 29, 1982) Mr. Boardman stated this property is located on 4th Street where the service drive connects into 57th Ave. It is a corner property. He stated the State originally had control of the right-of-way all along the service drive, but the State recently turned all that property over to the City of Fridley. The City of Fridley does not need the property so at the request of the petitioner, Staff is recommending this property be turned over to the property owner, but that the City maintain a 10 ft. boulevard easement. THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JULY 26, 1982 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m.by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the council and audience in the Pledge of Allegiance to the Flag. -- ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick, MEMBERS ABSENT: None APPROVAL OF MINUTES - MEETING OF JULY 12, 1982: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 1 CONSIDERATION OF FIRST READING OF AN ORDINANCE ON SAV #82-01 FOR VACATION OF PART OF 4TH STREET N. E., HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 RECEIVM PLANNING COMMISSION MINUTE`S 0 ' MAY 14, 1982: Z A CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP #82-08 BY JAMES H. CROSS, TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 22' g 241 A=M GARAGE AT 6271 JACKSON STREET N. E.: AND (FROM APPEALS MEETING OF JUNE 15, 1982) CONSIDERATION OF A FRONT YARD VARIANCE FOR THIS GARAGE FROM 35' TO 111 : COUNCIL MEETING OF JULY 26, 1982 PAGE 2 Mr. Flora, Public Works Director, stated this lot is the last lot on Jackson Street and is a deadend street with a cul-de-sac. He stated the petitioner is requesting a special use permit for construction of a second garage. Mr. Flora stated the original plan was for the petitioner to convert the existing garage into living space, however, he now requests the use of both garages for storage purposes. Mr. Flora stated the Planning Commission has recommended aproval of this special use permit to allow the construction of a second accessory building. MOTION by Counclman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #82-08 to allow for the construction of a second accessory building at 6271 Jackson Street. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated, in conjunction with approval of the request for a special use permit, a variance is requested to reduce the front yard setback from the required 35 feet to 11 feet. MOTION by Concilman Schneider to concur with the recommendation of the Appeals Commission and grant the variance to reduce the front yard setback frau the required 35 feet to 11 feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2, P. CONSIDERATION OF VACTION REQUEST, SAV #81-02 TO VACATE STREET RIGHT- OF-W AT 5600 4TH STREET TO ALLOW THE CONSTRUCTION OF A FOUR-PLEX BY S & R INVESTMENT COMPANY: MOTION by Councilman Hamernik to set the public hearing on this vacation request for August 16, 1982. Seconded by Councilman Schneider. A gentleman representing S & R Investment Company stated the variance doesn't really have anything to do with the building permit. He stated their plan was to have attached garages, which would have been on part of the setback, but then the City decided they would rather have tuck-under garages. He stated they have changed the plan and will have tuck-under garages and, therefore, wouldn't be on part of the setback. Mr. Flora, Public Works Director, stated a portion of the parking lot would be on the property requested to be vacated, therefore, it would be associated with the building permit. Mayor Nee stated, if this is the case, they can't preempt this vacation proceeding. Upon a voice vote on the above motion, all voting aye, Mayor Nee declard the motion carried unanimously. 2 V FROM APPEALS MEETING OF JUNE 15, 1982 - CONSIDERATION OF A VARIANCE 210 ALLOW CONSTRUCTION OF A 22' X 38' ATTACHED GARAGE AT 5312 ALTURA ROAD N. E., ROBERT G. RISHISH: ® CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 /AfkIA CITY COUNCIL August 3, 1982 ACTION TAKEN NOTICE James H. Cross 6271 Jackson Street N.E. Fridley, Mn 55432 On ]LLly � 198 __ the Fridley City Council officially approval your request for pecia Use Permit, SP #82-08 and a variance with the stipulations listed below: from 35' to 11 ' for a second accessory building, a 22'x24' attached garage None If you have any questions regarding the above action, please call the Corrnnuni ty Development Office at 571-3450. Sincerely, RROLD L. BOARDMAN JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken.