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SP80-06 CITY OF FRIOLEY, SUBJECT � E431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT FRIDLEY. MN. 6"x432 (612).571-345O SP #3 0-06 ADDRESS_6260 Starlite Blvd, N.E. DATE 6/5/80 PLANNING COMMISSION: P.H. DATE July 9, 1980 APPROVED X DISAPPROVED DATE July 23, 1980 NO 1 CITY COUNCIL: P.N. REQ)D None DATE N/A NO N/A CITY COUNCIL: APPROVED X DISAPPROVED DATE 8/4/80 NO ;� STIPULATIONS: (1 ) That the building be used for storage and as a garage for parking cars; (2) That there be no automotive body or engine repair done on the property as a home occupation; (3) That the property should not be used for retail sales of auto- mobiles or automobile accessories; and (4) That the petitioner sign an agreement with the City tying these two lots together so that Lot 11 could not be sold seperately, with- --p--SEE-BA61(: NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY_ LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT 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 property 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 rise 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 SIGNATURE_ APPLICANT ADDRESS TELEPHONE NO approval of the City Council . CITY OF FRIDLEY MINNESOTA PLANNING AND ZONING FORM NUMBER OTYPE OF REQUEST APPLICANT'S SIGNATUR � y Rezoning Address L © S�a� /� �, �3/u ,vim- Special Use Permit Telephone Number S--71 — (Q y q y Approval of Premin- inary & Final Plat PROPERTY OWNER'S SIGNATURE Streets or Alley Vacations Address617 oZ �y Other Telephone Number /,e Fee - �/ Receipt No-0470— Street Location of Property Legal Description of Property Present Zoning Classification /f Existing Use of Property ( ), c pjT L v 7- Acreage of Property Describe briefly the proposed zoning classification or type of use and improvement proposed r 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 4--no. !� What was requested and when? The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) 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 SIGNATURE + j (APP CANT} Date Filed Date of Hearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied 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 9, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #80-06, by Jerome Christenson, to construct a second accessory building, a 30 ft. by 36 ft, garage, per Section 205. 051 , 2, A, of the Fridley City Code, on Lots 10 and 11 , Block 4, Sylvan Hills Plat 3, the same being 6260 Starlite Blvd. N.E. , Fridley, Minnesota. t Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: June 25, 1980 July 2, 1980 �, 'Sgt Qbwrome xY"1Y107F � �` . _- --Lads :lfl, 17 , •Block �#; $y�_l�� � h E.1l4 t ,-Hi11.s Plat3 s: yC CORNER PH—si•—... �,a'. ` -I� - %214 nto,vs%Z4o7 414 ,242,244) 246,24$ 25 'v�r(� �. z5o�22aM0T0 Forp.._ 1 K4 CA JUL Ar Ast M S ,: z - ; �F. z z ~ � 'g Pals �HI yyzz1 r 155 t9 5 4�zoo ..,.�;�, t-. t . .. a _ ...-••.. sit _. .fid S _. � �, ,r ISO 144 160 174 C3 1741, alp t + t6 A# : .� '-\► y .49.E -j��. . c s �� ' •i� '�.{ 1'f 1j'- = /2 .f- we : !' • ,SSS -)e75 �$t �!� _OSS' �`���= .; ,-,;-►4�, ''�::�- -. ',�' SYLVAN�N . LANE fir A,ri la27/ w .•- �, � •9 -_ r:•d.. sir - � �50- .— '� �'�,c,,. .t t j� ■iii C '.Tri7i�l 1 �iW Y. B._ ->h. s ... ` Lek— I� 62.E 1 F; A•�4 \ - b r '� z • _ W A z f x•-•. d A F • - - �, 4 } •A•'+- �� b217 66 C?-TA Planning Commission June 24, 1980 City Council MAILING LIST SP #80-06, by Jerome Christenson Mr. & Mrs. Emmett Rice Mr. & Mrs. James Fischer 100 Sylvan Lane N.E. 6312 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Chong Kim Mr. & Mrs. Morris Knutson 6291 Trinity Drive N.E. 6300 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Walter Shupien Mr. & Mrs. Jerome Christenson 6299 Trinity Drive N.E. 6260 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Barbara Thorstad Mr. & Mrs. Myron Sjostrom 6211 Starlite Blvd. N.E. 6240 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Martin F. Kasseth Mr. & Mrs. James Walock 6221 Starlite Blvd. N.E. 6230 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Wallace Searle Mr. & Mrs. Herbert Neeser 6231 Starlite Blvd. N.E. 6220 Starlite Blvd. N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Laimonis Lemkins 6241 Starlite Blvd. N.E. Fridley, Mn 55432 Lillian Campbell 6260 Trinity Drive N.E. Fridley, Mn 55432 Mr. & Mrs. William Kidder 6360 Starlite Blvd. N.E. Fridley, Mn 55432 Mary Auger 6348 Starlite Blvd. N.E. Fridley, Mn 55432 Mr. & Mrs. Dennis Johnson 6336 Starlite Blvd. N.E. Fridley, Mn 55432 Elmer Isaksen 6324 Starlite Blvd. N.E. Fridley, Mn 55432 CITY OF F RIDL.EY, SUBJECT Ntlfti NE130-rA, CrCMM8SSNE—Ir4 APPLICATION ION Uepor�ncnt/Uros� - 14urnL•er� / ttev r'ige Approved by Dote FILE COMPLETE REVIEW GHEC::KLIS'S' �� �� „✓ RETURN TO PLANNING � YGL DUE 1AA .__. .. d�7 fes` c ci ro mI=-N"F`S XEDarms.4 oe I 0w i I 4 .a i SP #80-06 Jerome Christenson Y 6260 Starlite f J i S S M � � s i i Z -J J a { i Y 1 f� Planning Commission MeetinWednesday, Jules R, 1980 Page 2 xI'm- -Langenfeld stated that he didn't have any problem with rezoning!the property I sir:ce the property just to the south was also CR-1 zoning. This would not constitute spot rezoning. 4 Mr. Boardman stated that if the Planning Commission approved th�1.s request, Mr. i Burnandt should be aware of the requirements of CR-1 zong adjto a_.resideritial - _ -----. district. ! Mr. Burnandt stated that he had a copy of the zoning regulations. Mr. Boardman said that a screening fence would be required when the property is converted. Mr. Burnandt stated that this was not a requirement when he rezoned the property to the South. He said that the Council allowed him to` build without the fence because the ! property owners to the North said he didn't want' the,,fence built. The property manager of 910 Lynd.e Drive, (just north of the petitioner's property) stated that she was concerned about the property/being rezoned to commercial She has tenants which face this property and if ,, screening fence was put up it will mean that some of Tier tenants will be looking a wall. Mr. Boardman said that the parking would most (likely be located in the front of. the building and ,may cause some problems for theeiiants to the north. Motion by Mrs. Hughes, seconded by Ms. Gabel that the Planning Commission close the public hearing on -rezoning request Z f� # 8002, by Ted Burnandt. Upon a voice vote, all voting aye, Chal:a,.an Harris dl.ared .the public hearing closed at 7;50 p.m. MOTION BY MS. HUGHTS, SECONDED BY T'a. �ANGENFELD, THAT THE PLANNING C0.1IfISSION RECOMTIEND TO CITY COUNCIL APPROVAL OF/ REZONING REQUEST, ZOA #80-02, BY TED BURNAN':)T, D/F./A SWING REALTY, TO REZONE PART LOT 3. AUDITOR'S SUBDIVISION NO. 25, (PARCEL 1100), FROM R-3 (multiple family dw ll.ings) TO C.P l (general office and limited business) THE SAME BEING 921 HILLWIND ROAD E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRI UNANItIOU jZ.,- 2. PUBLIC HEARING; REQUEST FOR A SPECT.AL•-USf 'PERM:T �SP Y80�-06 Y- JEROME CHRISTENSON. Per Section 205.5'1 2, A, of-the Fridley City Code, to a construction of a k second accessory building, ^ 30 ft., by 2f� ft. detached garage, on Lots 10 and 3.1., Block 43, Sylvan '11-ill Plat Three, the sLune being 6260 St:arli.te Blvd. N.E. Mr„ Jerome Christenson, the petitioner was present. � MOTION by 111x. Langenfeld, . seconded by lb--. Wharton, that the Planning Commission open the public hearing on the request for a Special Use Permit, SP 480-06, by Jerome Christenson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 8:.02 p.m. Mr. Boardman stated that: the petitioner is interested in building a 26 ft. x 30 ft. garage on lot 11, and fie will use it as a storage garage. *ir. Boardman stated that , the staff wants to tie the two 75 ft. lots together. LcLs 10 and 11. together 6 would make a 150 ft. lot. The special-use permit is for a 2nd accessory building. 1 The only way he can build the garage is for Llte lot to be lehally t:_ed together. � It is the petiti-oner's intent to build the garage now. y City of Fridley . � x PLANNING COMMISSION MEETING JULY 9, 1980 PAGE 1. CALL TO ORDER: Chairman Harris called the July 9, 1980, Plann"ng Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Mr. Harris., Mr. Langenfeld,/." 1,irs. Gabel (for Schnabel) Mr. Wharton, Mrs. Hughes Members Absent: Mr, Treuenfel.s, Mr. Oqu st Others Present: Jerrold' Boardman, City/'Planner APPROVE PLANNING COMMISSION MINUTES: JUNE 8, 1980. 11otion by Mr. Langenfeld, seconded by Mrs,/ Hughes to approve the June 18, 1980 Planning Commission minutes as written. (oi amended). Upon a voice vote, all voting aye, Chairman Harris declared the/motion carried unanimously. 1. PUBLIC HEARING:_ REZONING REQUEST, 20A # 80-On.BY TED BURNANDT, D/ B/A SWING REALTY: 1tezone part of Lots. #25 Parcel 1100, from R-3 (general: multiple family dwellings to CR-1 (general office and limited business), the same being 921 Hillwind Road N. E. Mr. Ted Burnandt, the petitione#was present. 1 Motion by Mrs. Hughes, ceconde by Mr. Langenfeld, that the Planning Commission open the public hearing onrezonin request ZOA #'80-02, by Ted Burnandt. Upon a voice vote, all voting aye, Chai an Harris declared the public hearing open at 7:37 p.m. Mr. Boardman stated that Mr. Bu nandtwas requesting rezoning on the house south of the neighboring property. H wants CR-1 resoning. There is a parking area located in front of the property. The of area with this lot is 25,065 sq. ft. and the . required lot area is 15,000 sq ft. Mr. Harris asked if the petit ' ner had anything to add to the discussion. Mr. Burnant stated that his intent was to either use the existing structure or tear it dorm and build a new structure. IIe ha not determined which would be the best for him as yet. Mr.. Boardman stated that Dar el Glark, Building Inspector, had recommended that the r existing structure be taken own as it is in poor condition. If he uses the existing ! house, he will have to bring the structure up to code. Mr. Burnant said that he would like to keep that option op as it is presently being rented as a residential unit. Ms. Hughes stated that she ad some real concern about ren:ovi.ng potential residential P land. She asked Mr. Boardm n how man units could be placed on the property. Mr. Boardman answered that by land area, they would be able to build approximately 10 units, however, this would probably be reduced due to low width and parking requirements. Planning Commission Meeting Wednesday, July 9, 1980 Page 3 Mrs. Hughes asked the petitioner how fast he wculd need approval on the request? Mr. Christenson answered that he wanted to start building the garage in the fall. Mr. W.K. Searle, 6231 Starlite Blvd. N. E. asked the petitioner how many cars he owned? IIe said that the garage seemed large for a residential area, and that he preferred to keep it a residential area. He said that the petitioner had too many garage sales, and that he strongly opposed the petitioner's intent to build his garage. Mr. Harris asked if there was any further discussion. Mrs. Hughes made the suggestion that the hearing be continued at future meeting. She asked the petitioner if he had any objection to. a slight delay. Motion by Mr. Langenfeld, seconded by Mr. Wharton that*he nlunning Commission close the public hearing on special-use perrRt request, 'SP 480-06 by Jerome Christenson . Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed } at 8:25 p.m.. f MOTIOId by Ms. Hughes, secon('ed by Mrs. Gabel, that the Planning Commission continue the request for a Special Use Permit, SP #80-06, by Jerome Christenson, per Section 205.0521, 2, A, of the Fridley City Code, to allow the construction of a second A accessary building on Lots 10 and 11, Block 4, Sylvan Hills Plat Three, the same being 6260 Starlite n lvd. , until July 23, 1980. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried. _ 3. PUBLIC HEARING: _aE2UEST FOR A SPECIAL USE PERMIT, SP #{�§0-07, by WAYNE E. EK, SR. : ver Section LU5.51 2, A, of the Fridley City Code, to a nOw the existing attachea single car garage to still be used as an accessory bulding with the construction .9f a 24 ft., by 24 ft. detached garage (already built) on .hot 7, Block 2, Meadowlands Addition, the same being 810 66th Avenue N.E. Mr. Ek, Sr., the petitioner was present. r- P° MOTION by Mrs. Hughes, %conded by Mr. Langenfeld, ; hat the Planning Commission open the public hearing on SP #80-07, by Wayne E. Ek, ,tr. Upon a voice vote, all voting aye, Chairman Harris declared the public hearinW open at 8:29 p.m. Mr. Boardman stated it is the .petitioner'sXntent to board his present garage up and build another 25 ft. x 24 ft. garage ext to the existing garage. Mr. Boardman stated that the staff does nat have any next with this request. Motion by Mrs. Hug/att.here e by Mr. Langenfeld that the Planning Commission cl"se the public hearing e Permit, SP #80-07, by Wayne E. Ek., Sr. Upon a voice vote, all :voairman Harris declared the public hearing closed at 8:35 p.m. ' Mr. lgiarton said he woulde a reviewal on the request made after a certain amount of time had passed Mrs. Hughes said she agreere should by a reviewal of the situation after 5 years have passed. In he family size may have changed. - g Planning Commission Meeting WednesdaYs July 9 1980 Page 4 r i Motion by Rr-. Wharton, seconded by Mrs. Hughes, that the Planning Commission recommend approval of the request with the stipulation that there will be a 'reviewal after 5 years. 1 With further discussion, the motion was WITHDRAT,TN, AND A NEW MOTION MADE. MO'T'ION by Mr. Wharton, seconded by Mrs. Hughes, that the Planning Comission recommend to the City Council, approval of the request for a Special Use Permit, SP 1,180-07, by Wayne E. Ek, Sr, Per Section 205.051, 2, A, of the Fridley/City Code, to allow the existing attached single--car- garage to still be used as an accessory building after the construction of a 2.4 ft. x 24 ft. detached garage (already built) , on Lot 7, Block 2, Meadowlands Addition, the same. being 810 66th ,avenue N.E., with the stipulation that the Special. Use Permit- expires in 5 years. Upon a voice vote, all voting aye, Chairman Harris declared the motion car-ri,'d unanimously. 4. PUBLIC HEARING: REZONING REQTTEST ZOA #80-03, 'BY CARL E CHRISTENSEN n� A Ct? iS'ti3�Tti'IsNi7T 0 Rezone Lots 22, 23, and 2 from R-3 (general multple family dwelliiq_,o% to C-2 (general. business areas), and lot 21, from CR-1 (general office and limited business to C-2 (general business meas), located in Block 6, Fridley Park, to make zoning consistent-with the use o / the property as an auto body shop, the same being 6501 East River Road N.E. / Mr. Carl E. Christensen was not presedt. Motion by Mrs. Hughes, seconded by s. Gabel, that the Planning Commission open the public Tic-;ring on rezoning reuues ZOA �t''30-•03, by Carl E.Chxistensen. Upon a voice votes all voting aye, Chairm#n Barris declared the public hearing open at 8:45 p.m. Mr.. Boardman stated that the property ip question was presently zoned CR-2 and that the operation of a non-confor�ing auto-body shop was not allowed,. It would require a special-use permit and/ a rezoning to make the shop a legal operation.. Mrs. Hughes asked if the house at 6503 was presently occupied, She was told that it vas. lire Edward Brookes, 6506 HIckory St N.E., questioned the rezoning and special-use , permit being granted due to the po lution problem, including noi.Ge pollution, etc. Ile also questioned the granting o�the re uest because of the d aina e roblems involved and he stated that there should q s fpoperati - there/should some restriction of hour o1 operation Of the auto-body shop. Mr. Charles L. Langen, 6530 Hi.cki/ry St. N.E. stated that lie was not worried about Mr. Christensen's operation but/about some other operation getting established on the property. Mr. Louis C.Nash of f 6509 E. River Rd., stated thct he had smelled odors coming from the auto-body shop. He Oso complaine d of the ,junk vehicles parked all around the area. Mrs„ Linda 34ash complained of Mr. Christ.ensenIs being open on Saturday and that on 3 day! last week lie was open until 10;30 at night. Mrs. Hughes said that it was 'not necessc-,y to have the petitioner here at the meeting, Mr. Boardman stated that Mr./ Christensen could be tagged for illegal use of property. Ile cannot e-Xpanaihe use of the property. In the enforcement process Mr. Christensen could be ta> en to ,court and would be forced to clean-up his property. CITY OF FRIDLEY PLANKING C011,41MISSION MEETING, JUi,Y 23, 1980 CALL TO ORDER: Chairman Harris called the July 23, 1980, Planning Commission meeting to order at 7:36 p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Treuenfels, Ms . Gabel (for Ms . Schnabel), Ms . Hughes, Mr. Wharton Members Absent: Mr. Langenfeld, Mr. Oquist Others Present: Jerrold Boardman, City Planner Jerome Christenson,. 6260 Starlite Blvd. N.E'. Wallace Searle, 6231 Starlite Blvd. N.E . Mr. & Mrs . Carl Christensen, 9950 Cottonwood St. N.W. Mr. & Mrs . Charles .Langer, 6530 Hickory St. N.E. Mr. & Mrs . Louis Nash, 6509 East River Road N.E. Lucille A. Skovran, 6003 Gardena Circle Forrest Melville (D & E Construction), 6426 .Markwood Drive, Crystal Eduard Jonak, 133 Craig,*ay N.E. Mary. Ann.Kopp APPROVI,L 01" .7ULY J, 1980, PLAN:yING- CTLLISSION MINCJTES: _MOTION by Ms. Hughes, seconded by Ms . Gabel, to continue the approval of the Planning Cormaiiss:i.on minutes at the end of the agenda. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 1. CONTINUED PUBLIC HEART.N_G: REQUEST FOR A SPECIAL USF. PERM* SP 180-06 BY JEROME CHR:'ST_EhSON: Per -Section 205 .051, 2, A, to alloy the construction of a second accessory building, a 30 ft. by 26 ft. detached garage on Lots 10 and 11, Block 4, Sylvan Hills Plat Three, the same being 6260 Starlite Blvd. Public Hearing closed. Mr. Boardman stated that at the last Planning Commission meeting, the Commission requested a ,l..egal opinion on what- to do with tliis second accessory builling. Ile had talked to M::. Herrick and Mr. . Merrick indicated that they could tic that property legally to the other lot without any problems as far as mortgage pr.oblcm,s . ML. Herrick had indicated that the only way the mortgage company could spread that mortgage over two lots would be if Mr. Christenson hii^.self - signed an agreement to do so and that it would not automatically cover both lots . PLAN14ING CO111•fISSION MJ`E'? NG, JULY 23, 1150 _ _ PAGE 2 Mr. Boardman stated that Mr.. Herrick felt this .was the .only way of handling a second accessory building, because it was illegal to construct a garage on. a lot that did not have a main structure. the only array to do it is through a special use permit-, but tie the two. lot-s as one lot which would require a lot split before Mr. Christenson could sell off any part of the property. Mr. Harris asked if there was anyone in the audience who wished to make a statement concerning this item. As no one repponded, Mr. Harris stated that the Planning Commission would not reopen the Fublic hearing. Mr. Harris stated he had thought long and hard about this and had looked at the area. He could understand the petiti_oner's desire to build a second ,accessory building and could also understand the neighbors' concerns that the second accessory building might: be used for auto body repair or repair of automobiles, also that it might be used as a neighborhood sales lot. He stated that if the Commission does recommend approval of this special use permit, he felt', same stipulations should go with the recommendation that would restrict the use of that building. Ms . Hughes stated that something similar had happened in her neighborhood where a neighbor expanded a two-car garage to a four-car garage to do auto repair, and.it has not been a problem as long as the garage door is kept closed. In most instances in these kinds of neighborhoods, she was convinced that the noise and general- appearance_ could be controlled, but she was not in favor of special use permits all the time. The i tanning Commission seems to ge!.-<.. a lot of them. IShe stated- that it seemed t1ic T might be doing the neighborhood • 'f,vor by allowing this special 'use permit to get some of the vehicles under a roof, Ms . Gabel stated she agreed with Ms . Hughes. It was her feeling that this was a nice neighborhood and it might be to the neighbors' advantage to get the vehicles out of sight. Repairing cars is not an allowed use in that neighborhood; and if that is happening, it can be resolved on a complaint basis. Mr. Harris stated that the Commission can make that stipulation so that the neighbors and Mr. Christenson know that the building is being built strictly fox storage and not for a home occupation of automobile repair or that type ' of thing. Mr. Wharton stated that at the last meetin.g, . one of the neighbors had indicated that there were "too many garage sales:" Iie stated that would be a hard thing to regulate, but it was a neighbor's concern and he wanted to bring it up. Ms . Hughes asked Mr. Christenson if he had gotten any legal advice on this procedure. Mr.. Christenson stated lie had not, but he uns not interested in the special use permit if it involved making one lot out of two lots. -..—., w ,..•.,,m ...«� +ww, .w. .t.^rv.�:.;et..,<•n-.y„..,,-...TS.,.r.s•....,rr'l. .^M'�r.`:�- ^.P'Y. +-••;ra.^Fir!!...'PJT..RSG'�.'rew�.Y.*L4q�I'�'^"rt!!'S1Etacn.^K+ PLANNING COMMISSION MEETING, JULY 23, 1980 PAGE 3 -Mr. Boardman explained that they were not actually making it into one lot. . They were tieing the.two lots together so that Mr. Christenson could not - sell ot sell the one lot- without obtaining a lot split. The mortgage on the one lot and the description of the lot that the mortgage is -tied to is the same description and the same number. What the City is doing is legally binding Mr. Christenson or anyone who owns the property so that he cannot sell without getting a lot split. The City will not approve a lot split unless there is ' a hou"se attached to the garage he is planning to build. MOTION by Ms . Hughes, seconded by Ms . Gabel, to recommend approval to City Council of a request for a special use permit, SP #80-06, by Jerome Christenson: Per Section 205.051, 2, A, to allow the construction of a second accessory building, a 30 ft. by. 26 ft, detached garage on Lots 10 and 11, Block 4, Sylvan Hills Plat Three, the same being 6260 Starli_te Blvd. N.E. , with the following stipulations: 1 That the building be used for storage and as a garage for marking cars . 2. That there be no automotive body or engine repair done on the ro erty as a home occupation. 3. That the property should not be used for retail sales of automobiles or automobile accessories . 4. That the lots shall be legally tied together and any separate sale cf the lot will require •lot split approval by the City. UPON A VOICE VOTE, .ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated that if Mr. Christenson wished to withdraw his request at any time, he must submit a letter to the City. Mr. Harris stated that SP #80-06 was recommended for approval to City Council and would go• before City'Council on Aug. 4, 1980. 2. CONTINUED PUBLIC HEAPING: REZONING RE UEQ ST.,. ZOA #8Q403, BY CARL E. CHRISTENSEN, D/B/A CHRISTENSEN AUTO BODY: Rezone ots 22, 23, and 24 from R-3 (general multiple family dwelling/inock (general business areas), and Lot 21 from CR-1. .(general offiimited business) to C-2 (general business areas) , all located 6, Fridley Park, to make zoning consistent •with use of the pran auto body shop, r the same being 6501 East River Road N.E. t Public Hearing open. Mr. Harris stated this item was continued from the last meeting, because a Mr. Christensen was not present, Mr. Boardman stated the reason Mr. C ristensen was not. present at the last meeting was because he did not rec ve his notice of public hearing in the mail. p - PT•,ANNING COMMISSION I'fiETING, JULY 23, 1980 PAGI: 4 � y MifrION by Ms . Hughes, seconded by Ms . Gabel, to receive into he record a ---- — - - letter -dated July 23; 1980, from Rhoda M. Spang, Sales Repr >entat•i.ve of the Murphy Oil Corporation,, stating that Murphy Oil Corp., owner of the property located at 6485 East- River Road, had no object-ib to Mr. Christensen's request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR, LqZ IIARIfUS DE ABED THE MOT1011T CArRI D UNANIMOUSLY. Mr. Boardman stated that, as r".iscussed at the last lanning Commission meeting, Christensen Auto Body is a non-conforming operation according to the present zoning code. The zoning at the' prose t- time is CR-1, and Mr. Christensen's operation is only allowedA a C-2 zone and only with a special. use permit. The parking lot just •nort of- the property, which Mr. Christensen oims, is zoned R-3,* and a par _ng, lot is also not allowed in an R-3 zone on a non-conforming use. Any us of this property is an' expansion of a--non-conforming use and is against the z ning code to expand a non- conforming use. To continue his operation r continue use of that parking lot, Mr. Christensen must get rezoning of of 21 from CR-1 to C-2 and of Lots 22, 23, and 24 from R-3 to C-2, and hen a special. use permit to operate on that C-2 zoned lot. Mr. Louis Nash, 6509 East River R6ad, tated that tie was the property ow.:er next to the tla.ee open lots than Pir. lristensen wanted to turn into a F_� .,ing lot He had no complaint's about Mr. Christensen or his work or his workers, but he did not think a residential ^ea should have a body shop, especially a large one. lie also had many que -ions concerning pollution control, noise, dust of auto body work, and fumes. With wrecked autos, there are the hazards of contaminates ' in the parking to either going down the sewer or into adjoining properties, eating up ie pavement and creating a fire hazard. Mr. Harris asked Mr. Christense if he would address Mr. Nash's concerns . Mr. Christensen stated that a fa.r as pollutarits and chemicals, there are a lot of chemicals involved ' L auto body repair. The Fridley ]Fire Dept. was at his business that day reg rding the updating of anything that :night be needed, and everything. was satisfactory. He stated this could be verified with Bob Aldrick of the lair Dept.. As far as air purification, he has an electronic airurifi.er_ that is big enough to handle the size of the building he owns . As faV as filter ng outside, he has not had any complaints regarding exhaust from both nei_ghbo s Living next door or neighbors down the line. leis. Hughes asked Mr. . Chri'tensen if lie had agreed to, a landscaping plan or if he had prepared one. Mr. Christensen stated e has discussed this with Mr. Boardman, and he is in agreement with any l ndscapiag that needs to be done. Ms. Hughes asked Mr. Clristensen if lie could operate the business if lie had ' the rezoning without b ing able to lilve access onto .Sississippi St. REGULAR COUNCIL MEETING OF AUGUST 4, 1980 PAGE 5 - CONSIDERATION OF SPECIAL USE PERMI , SP #80-06, TO ALLOW CONSTRUCTION OF I1 SECOND ACCESSORY BUILDING, A DETACH U , O STARLITE BLVD., JEROME I CHRISTENSON: i Mr. Flora, Public Works Director, stated the planning Commission has recommended i approval of this special use permit with several stipulations. These are (1) That the building be used for storage and as a garage for parking cars; (2) That there be no automotive body or engine repair done on the property as a home occu- pation; (3) That the property should not be used for retail sales of automobiles or automobile accessories; and (4) That the lots shall be legally tied together and any separate sale of the lot will require lot split approval by the City. I Councilwoman Moses asked Mr. Christenson if he F.ad any problem with the above stipulations. Councilowman Moses stated that legally the City can't have a lot that only has a garage. -Mr. Christenson stated he didn't want the two lots combined as the vacant lot is all paid for and he has a mortgage on the other lot. Mr. Herrick, City Attorney, stated the only way the City could grant a special use permit for the garage is if it is an accessory building to a main building. Mr. Herrick stated joining the two lots wouldn't affect the mortgage, but would require Council approval before he can sell the lot independent of the other lot. Mr. Qureshi, City Manager, stated a document would be filed on the lot, where the proposed garage would be located, to indicate the lot cannot be sold with- out prior approval of the City Council. Mr. Christenson stated he would have no problem with this requirement. i • Mr. Christenson stated if he didn't need a lot split, he would have no problem with getting approval from the Council before he sells the lot. Mr. Qureshi stated the City didn't want a lot with a garage only, but wanted to make sure there would be a structure on the lot to go wtih the garage. ( Mr. Herrick stated an agreement should be eitered into with the petitioner and this filed with the deeds on both lots so that if a potential buyer were to examine the abstract, he would find there is an agreement that the lot cannot be sold without obtaining approval from the City Council. Councilwoman Moses asked Mr. Christenson if he had any problems with the other stipulations recommended by the Commission. Mr. Christenson stated he had no problems with these stipulations. Mr. Myron Sjostrom, 6240 Starlite Blvd., a neighboring property owner, stated he would prefer to see the garage constructed in order to house the vehicles. MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #80-06, to allow construction of a second accessory building with the following stipulations: (1) That the build- ing be used for storage and as a garage for parking cars; (2) That there be no automotive body or engine repair clone on the property as a home occupation; (3) That the property should not be used for retail sales of automobiles or auto- - . mobile accessories; and (4) That the petitioner sign an agreement wit the City tying these two lots together so that Lot 11 could not be sold separately, with- out prior approval of the City Council. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of July 23, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all ivoting aye, Mayor Nee declared the motion carried unanimously. ( RECEIVING CABLE TV MINUTES OF JULY 10, 1980: MOTION by Councilman Schneider to recei�e the minutes of the Cable Television Commission Meeting of July 10, 1980. econded by Councilwoman Moses. Upon a . voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i 204 REGULAR MEETING OF AUGUST 4, 1980 PAGE 6. CONSIDERATION OF ITEMS FROM ENVIRONMENTAL QUALITY COMMIISSION MEETING OF j JULY 9, 1980: RE UEST FOR INFORMATION ON ONAN/MEDTRONICS CORPORATION CRESOTE PROBLEM PLANNING COMMISSION MINUTES OF 7/9/80): i _ Councilman Schneider asked what information has been provided to the Environmental Quality Commission. Mr. Flora, Public Works Director, stated there have been no meetings since . May 26 and all information received by the City has been provided to the commission. i Mr. Herrick stated that Medtronic and Boise.Cascade have entered into a f contract and information has been supplied to the Pollution Control Agency. He stated that Onan has not changed its position and had a feeling the Pollution Control Agency will probably be asking the Board for authority i to take legal action. Mr. Qureshi, City Manager, stated all information regarding this problem has been furnished to the Commission and staff will continue to provide information regarding further developments. REQUEST FOR INFORMATION ON JOINT POWERS AGREEMENT LOCKE PARK) PLANNING COMMISSION MINUTES OF 7/9/80 ; Mr. Oureshi , City Manager, stated staff would provide this information to the commission. REQUEST TO DESIGNATE EARTH WEEK, APRIL 1981, AS CITY OF FRIDLEY "CLEAN-UP-WEEK". I Mr. Flora, Public Works Director, stated it is recommended the Environmental Quality Commission investigate the organizations in the City that would be interested in a clean-up-week to see what support is available and what can be accomplished. He stated there is considerable expense and liability if ine City does a weekend clean-up of trash and debris and obtains a contract to dump what is collected. i Councilman Barnette stated the schools have activities planned for Earth Week and felt they should be contacted. . MOTION by Councilman Schneider to designate Earth Week as Clean-up-week in the City in April, 1981 and request that the Environmental Quality Commission seek out other organizations in the City to help implement the clean-up project. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Environmental Quality Commission Meeting of July 9, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 72-1980 CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7B., ON BEHALF OF PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY THE WEBB COMPANY: Mr. Qureshi, City Manager, stated he heard the Webb Publishing Company was looking for a plant site in the northern suburbs of the Twin City area and information was prepared regarding potential sites in Fridley and be met i with the Company representatives in St. Paul. He stated Webb has chosen a site in the Great Northern Industrial Center, subject to obtaining an industrial revenue bond. He stated Webb Publishing is a reputable, well- established company and this building would be in addition to their existing plant. I J STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT I I THIS AGREEMENT Made and entered into this day of 19 , by and between the CITY OF FRIDLEY, a M nnesota Municipal Corporation, located in Anoka County, Minnesota, and JEROME CHRISTIANSON, OWNER. I WHEREAS the owner owns the following described property: Lots 10 and 11, Block 4, Sylvan Hills 'Plat Three, I WHEREAS, the owner has applied to the City for a Special Use permit to construct a garage on lot 11 ; and WHEREAS, in order to meet the requirements for the construction of said garage, all of the above described property is required. NOW, THEREFORE, be it agreed between the parties that the owner, his heirs, successors, or assigns will not convey any portion of the above described property to a third party without the prior written consent of the City. BE IT FURTHER AGREED -that this Mutual Agreement shall be recorded with the Anoka County Recorder and serve as notice of this Mutual Agreement to all third parties. IN TESTIMONY WHEREOF, The said Minnesota Municipal Corporation has caused these presents to be executed in its Municipal Corporate naive by its City Manager this day of lg CITY OF FRIDLEY By �. Nasim M. Qureshi Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) of The foregoing instrument was acknowledged before me this day 19 , by Nasim Qureshi , City Manager, of the City of Frid ey, a Municipal Corporation on behalf of the Corporation. IN TESTIMONY WHEREOF, The said has hereunto set his hand this day of owner 19 ------------ STATE OF MINNESOTA) ss. COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day o f 19_, by Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 00 7 7AI06 74A