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SP80-09 CITY OF FRIOLEY, SUBJECT SPECIAL USE PERMIT > 6431 UNIVERSITY AVE. NE. FRIULGY, MN. 135432 (612) 571-34=10 SP HO-O9 ADDRESS 420 Ironton St. N.E. DATE 7/18/80 PLANNING COMMISSION: P.H. DATE 8/20/80 APPROVED X DISAPPROVED DATE 8/20/80 NO CITY COUNCIL: P.H. REQ'D_ Nor ae_ DATE N/A NO N/A CITY COUNCIL: APPROVED_ X DISAPPROVED DATE 9/8/80 N0 . STIPULATIONS: (1 ) That the rental unit be brought up to applicable building codes and fire regulations before the unit is rented. 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 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 APPLICANT ADDRESS —_ TELEPHONE NO +tJ > a t� itL; S � a,�,�. '.�•s� ���•4y� Via"' �' r,;a�a �''���el�4 k u� Y"`� yq� . zv Ilk!�: a k,.. I! � Z ��j)+�1,• Fv i'� (� �Y-. ;yA¢'' r i5 i' J)(A-If5,,.` i` � G� �Y rdn i E X •x�i A "l �� i+F S. f ,n�s� r < F �'° A � •Ti'SxkQ` � t a � + � �8i �S$q�Q' s�yi��', .,., 1�r�,�, y�a`4 i$•� ��. s� eta:�' .�' . 0 if t"Al." ,N its 7:r-If yi> Mi r w,'�e3�p � yA,•��5.� �a .�, �.s y1 r s� J " " ti $y��n �,yL,�µ .. ��L,. T�>�e'� y�;�M .f��jy A (� � 2}♦S�}L� 2 t � k',.E ,.4 J� 2" +N �j'.' /iRt 1,.s+,. Mu' � ^' �` } •q�� l 4"^Y` ��l �'WS;': `1 a ,,c_ 2.� k,;,,� �, .�E `.�i+R�a�•§,qaE '�dtYF �'�'� 4� . '+/ 3 Af IV 1�q IV, +, pZ+4 14 s"1 i r ! .'+n'k y ,}ia ;i• �� ;ty ti�"� t•v..;fit. - .:`` a r '�f �"F'� n ' Ax SS Y C Y = SMJfM �4'� 'k• Yi��a� .R „Q { �� { fV� (1 a� Y. 'r q , s. CITY OF FRIDLEY MINNESOTA PLANNING AND ZONING FORM NUMBE G'= TYPE OF REQUEST e . APPLICANT'S SIGNATURE Rezoning— ! Address G - , Spy al Use Permit Telephone Number 4)6--Z- ��7 Y 3 0 Approval of Premin- inary $ Final Plat PROPERTY OWNER'S SIGNATURE Streets or Alley Vacations Address Other Telephone Number 0_�11_ r-- Fee /,/,-> Receipt No..a.�>a Street Location of Property 0 -� � Legal Description of Property Present Zoning Classification Existing Use of Property_ Acreage of Property Des ribe briefly he proposed zoning classification or type of use and improvement proposed �� �'�'`J�•-`'� el.- -�� 46 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 (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 frog: 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 r� SIGNATURE LICA, T) Date Filed Date of Hearing ��� Planning Commission Approved City Council Approved (dates) Denied (dates) Denied (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, May 21, 1980 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a request for a Special Use Permit,SP 880-03,by Duane Motzko, per Section 205.051, 2, A,of the Fridley City Code,to allow the construction of a second accessory building,a 22 ft.by 22 ft.detached garage,to be used as storage for a boat and car, located on Lots 45 and 46, Block 11,Spring Brook Park Ad- dition, the same being 290 Ely Street N.E. Any and ail persons desiring to b heard shall be given an opportunity a the above stated time andplace. RICHARD p.HARRI CHAIRMAI PLANNING COMMISSIOI (May 7&14,1980)-FRID PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, August 20, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #80-09, by Clyde E. Meyer, Per Section 205.053, 3, D, of the Fridley City Code, to allow an existing basement apartment to continue as a rental unit in a single family dwelling, located on Lot 4, Block 1 , Chouinard Terrace, the same being x20 Ironton Street N. E. , Fridley, Minnesota. 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: August 6, 1930 Auqust 13, 1980 SP #80-09. 420 Ironton Street Clyde E. Meyer. - -- O rl � 1 o CITY '.OF �. 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M r • ♦ e Planning Commission 8-5-80 _ City Counci'fi MAILING LIST SP #80-09, by Clyde E. Meyer Mr. & Mrs. Jerry Kielblock Mr. & Mrs. John Kobs 366 Ironton Street N.E. 369 Hugo Street N.E. Fridley, MN 55432 Fridley, Mn 55432 Mr. & Mrs. Arthur Erke Angeline M. Schoepke 382 Ironton Street N.E. 381 Hugo Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Clyde Meyer Marvin L. Hankel 420 Ironton Street N.E. 389 Hugo Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Thomas Chouinard Amanda E. Anderson 14123 Prairie Road N.W. 2654 Pleasant Avenue South Anoka, Mn 55303. Minneapolis, Mn 55408 Mr. & Mrs. Andrew Bultena S. J. Construction, Inc. 381 Ironton Street N.E. 6305 East River Road Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. James Burnett Mr. & Mrs. David Schultz 377 Ironton Street N.E. 371 Hugo Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Arthur Rudy 8251 East River Road N.E. Fridley, Mn 55432 Ann Rose Kania 430 Ironton Street N.E. Fridley, Mn 55432 W. G Doty Real Estate, Inc. 6205 University Avenue J.E. Fridley, Mn 55432 Mr. & Mrs. Phillip Willson 401 Ironton Street N.E. Fridley, Mn 55432 Dean W. Nordahl 10665 Northmark Drive Eden Prairie Mn 55344 Rogert Ghai 11321 Ivy Wood Street N.W. Coon Rapids, Mn 55433 ra�rs�,uocs!�.srraccsw:x�saeszs _ J! CITY o>+ r-Rloux-Y, SUBJECT ' MINNESOTA COMMISSION APPLICATION r REVIEW } Uepu Hent/ Nis+ fJum+ lieu r'aU`� Approved by [)at* C F' N / ApL]ORES� COMPLETE REVIEW CHECKLIST � � RETURN TO PLANNING aCOMMEri-rs �- r /✓ C4 0,Tn,14i Ips 44 ,R�: �✓ 4 ofJ7 CON 4�tlate o�ou o� uJes e- � 9 3 . i { z r f � s 6' CITY OF FRIDLEY PLANNING COM14ISSTON MEETING, AUGUST 20, 1980 CALL TO ORDER: Chairman Harris called the August 20, 1980, Planning Commission meeting to order at 7:30 p.m. POLL CALL: Members Present: Mr. Harris, Mr. Treuenfels, Ms. Gabel (for Ms. Schnabel) , Ms. Sporre, Ms. Modig (for Mr. Oquist) , Mr. ICondrick (for k1s. Hughes) , Mr. Wharton Members Absent: None Others Present: Jerrold Boardman, City Planner Mr. & Mrs. Clyde E. Meyer, 420 Ironton St. N.E. i APPROVAL OF AUGUST 6, 1980, PLANNING COMMISSION MINUTES: _MOTION by Ms. Gabel, seconded by Mr. Wharton, to approve the August 6, 1980, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: R,EnUEST FOR A SPECIAL USE PERMIT SP X680-09�IiY i -- CLYDE E. MEYER, Per Section 205.053, 3, D, of the Fri e , L ode, to allow an existing basement apartment to continue as a rental unit- il a single family dwelling, located on Lot 4, Block 1, Choinard Terrace, the same being 420 Ironton Street N.E. MOTION by Mr. Wharton, seconded by Mr. Treuenfels, to open the public hearing on SP #80-09 by Clyde E. Meyer. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7:33 p.m. Mr. Boardman stated that the zoning on this ]ot is an R-1 zoning: however, it is Staff's understanding from thepetitioner that the home has been used as a duplex for quite some time. The basement was set up as a separate apartment and rented out prior to this time without the City's knowledge. When the petitioner came in to check to see if the basement could be used as an. apart- ment, Staff had informed him that it was not zoned for an apartment and,there- fore, it would require a special use permit to allow that use on an R-1 property. Mr.. Boardman stated the property just west of this property is presently zoned duplex (R-2) , the property to the southwest is zoned .R-3 (multiple) , and the property across the street is zoned R-1. i - PLANNING COMMISSION MEETING AUGUST 20 1950 PACE 2 ` Mr. Boardman stated that Mr. Meyer was in the audience if the Planning Commission members had n r d a y questions. Mr. Boardman stated that if this petition is granted, Staff has talked to Mr. Meyer about the necessary improve- ments he will have to make to the apartment, and Mr. Meyer Has agreed to make all necessary code modifications in .order for the apartment unit to meet all code requirements. Mr. Boardman stated, the apartment unit is satisfactory in size. It meets the duplex code as far as the size, and the lot is large enough. Mr. Kondrick asked if any of the neighbors objected to this property continuing as a rental unit . Mr. Boardman sta°:ed the City has not received any complaints. Ms. Gabel stated it seemed that instead of a special use permit, Mr. Meyer should be asking for a rezoning. She knew the rode allowed a special use permit, but a special_ use perinit, in effect, was actually a rezoning, because the special use permit w :I.i. stay with the property. Mr. Harris aske Mr. Meyer to give the Commission a little background informa- tion regarding the house. Mr. Meyer stated the house was built in 1952. Ue bought the house three years ago, and the people who bad built the house Had laved :in the basement, so it was already an. ak)art,rent then. lie stated be .bought the house because of the apartment. Ile stated he bas done extensive remodeling in the basement. He stated he had the City Inspector come out about a year ago. At that time, the City Inspe_;.ti�r hpd told them t h,ey could continue to rent, but he had not heard anything from the City since then. He stated they wanted to do the right thing, so they had con acted the City and found out they needed a special use permit. He also stated hat his ,neighbors have no compl,cint:.s about his renting out the ! basement apartment. i Mr. Meyer stated that, as far as the improvements, he will need bigger bedroom windows 5 railings, and srno'=e detectors. He stated the apartment is up to code t -right now with new electrical and plumbing. Mr, Harris asked about parking for the tenants. Mr. Meyer stated he has a double car garage ,with a double driveway. He y recently wi.deuethat driveway 14 more feet for tenant parking only. He stated the tenants hav separate froTir. and back entrances Mr. Wharton ask d. if Mr. Neyer intended to brMg; the apartment unit up to code i before the unit sas rented again, Mr.. Meyer stated he died intend to. The only —mason he has not started the improvements is because he first wants to see if the City will grant him the special use permit. i PLA14NING COKAISSION MEETING, AUGUST 20, 1980 PAGE 3 MOTION by Mr. Treuenfels, seconded by Ms. Gabel, to close the public hearing on SP #80-09 by Clyde E. ;Meyer. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 7:45 p.m. Ms. Sporre stated that the Meyers are her neighbors and, therefore, she wished to abstain from voting because of a conflict of issue. Ms. Sporre stated this question raises some interesting points from a planning perspective. It seemed that if she bought some land that is zoned R--1 and was adjacent to i.Z-2 and R-3 and was willing to put some money into remodeling and apply for the special use permit, this precedent would say there was no reason to prevent her from doing that. And the best way to do that is to operate as rental for awhile before applying for the special use permit. Mr. Harris stated that the Planning Commission handles each case on its individual merits, but this question is cne that the. Planning Commission has been struggling with for sometime. It is a tough question. There are many arguments for it and many arguments against it, so the Planning Commission had decided that when these petitions arise, they will handle each petition individually. This same case in a different area, under different circumstances, may merit denial. Under the special use permit set-up, it is the responsibilityof the Planning Commission to show just cause why it should be denied, which is different from the variance procedure. The variance procedure recut-1-s that. the petitioner must: show cause of why a variance should be granted. Mr. Boardman stated that a duplex is allowable in. an R-1 zone with a special use permit, but it has to have a special. use pecmit-. T?�e special use permit implies that the City has to Prove certain con' diti.ons why that unit cannot be a duplex. If the Planning Commission denies this special. uce permit, they must give valid, sound reasons for denial. The actual issue of zoning is not an issue for denial. Ms. Gabel stated she would not have any problems with this if it was a rezoning. Mr. Boardman had stated earlier that neighbors get more upset over a rezoning issue than they do over a special use permit, but she thought this was very misleading to the neighbors. The special use permit does not explain that it is, in essence, a form of spot rezoning. She did not think the community as a whole realized that a special use permit goes with the property and stays with the property. Mr. Harris stated the Commission should examine Lhi.s case on its individual merits. The petitioner 'is asking that the Cityall.ow him to continue the .operation of a basement- apartment in a single family dwelling. A rezoning would allow the owner of that property to add another unit onto the structure, if he so washed, because he has enough lot area. So, the special use permit is really more restrictive than a rezoning request. i Mr. Boardman stated that. the Cormnission should also keep in mind that the t Housing ?Maintenance Coc:.e is set up for all rental properties. This means that every four years all rental properties in the City are inspected. Also, there is a licensing requirement for all rental properties in the City. i { f • t i PLANNING COMMISSION! MEETIN7G, AUGUST 20, 1.980 PAGE 4 Mr. Kond.rick stated he agreed with Ms. Sporre. He would be concerned about his neighbors converting their dwelling, into a rental unit, and a few years down the line finding yourselves in a situation you would rather not have i in your neighborhood. He was also afraid of this setting a precedent. Maybe in this case., the neighbors do not -ad-nd, because it has been in existence for such a long time. MOTION by Mr. Wharton, seconded by Mr. Treueni`els,_to recommend to. City_Cauncil_ a roval of. a Request for a Special Use Fermit,_SP X180-09, by Clyde E. Meyer. per Section 205.053, 3, L,�cf the )Fridley City Code. to allow an existing basement apartm n.+t to continue as a rental unit: in a sin. le family dwelling-,_ located on Lot + Block_I +Cb()inard Ter_race,_tbe same bein 420 Ironton Street N.E. , with rhF, stinu.i,­ttjon that the reziLaw unit be brought up to applicable_building codes and _fire_r_e!i-ul.atzons before the unit is rented aRvin. UPON A VOICE VOTE, HARRIS, TR.EUENFELS, WHARTON, riiODIG, AND KONDRICK VOTING AYE, GABEL VO'1'T. G WY, A:ND SPORRE i0STAINdING, CHA11dW4 HARRIS DECLARED THE MOTION CARRIED WITH A 5-1. VOTE. Mr. Harris stated SP #80•-0I3 would go before City Council on Sept. 8. f 2. VACATION RE VEST: BY PETT i I.ON X65-l9 t r, ,sAV, _#?,0._Q4_: Va.cate alley ease- ment in Block. 6, Fridley Park, located in the 6500 '660G block between East River Road aisd Hickory Street. S )sir. Boardman stated that, as the Commission knew, e City Council bas paved the way for alley vacations with 1-00% petition. n those alley vacations where tPErC� is J.OI/%' ci�;rc'r'lF'Y.Ii' on the V3C�.t:iOn �y the property itaT:erS, the City iouncii w3-J_1 waive the fee. Therefore, th_ Cit}* is t��' :}:zG. the petition and starting the graces on vacation of alleys. He stated the firs r_ vacation. reque;,t: is al_o�ag East River :goad between 65t end. hickory Street. I iat.all_ey is not: presently being utilised. There a.r.e -re:sently no utilities in the alley, and the City would recommend its va tion. MOTION by rir. %reuenfels, seconded by Mr Kondrir� to recommend--t-9-City __. _._�___ o. ___s Council a aW?rovs o.. �a � x _at+ozI R ouest r Petition #5-`L980 S.^V ;'`3n i�a to _ _�._.. I _ 7'� _ __ _z _,racate alle,.,e,., e �-ement I.I7 �1('>CK. 6 L ri_il. .y T �.rit iocate(J in the 6500- 6d;� 00 _b_1_c e-k lbetween.?between. East River Road anci Hj_cl.or?r Street faith the st.i uiaLion that -the Ciry r -tai.,n uti.lit} I-ddraina e easrerient:s. a UPON A VOI.CF:. VOTE, ALL VOTING AYE, HAIIL14AN HARRIS DECLARED TILE MOTTON a CARR I EP UNY`OdI I`O "SILY. i 3. VACATION RE!'-TFST:_BY? :�_ET_IT'T .N �t4- 1�?8t3, SAV X180-05: Vacate alley ease- r2ent in. Block 2,: Horl-zon�114'gn s, located in 5200-Block between Lincoln arse. Buchaxlan Streets N.E. Mr. Boardirmn s toed t"Jt-'i sC'?3 i hn sa nf_' as-, #80- 04 . This alley only goes down :from 53-dAand a:out two lots to the south. At:. that point, there would i. be no alley dedication. Th-_-�� have 1.00% :agreement of the four property oivniers t to vac.ai e that small- pori . . of alley. ?122 REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 4 OLD BUSINESS: ORDINANCE NO. 714 ESTABLISHING A NEW CHAPTER 110 OF THE :1`RIDLEY CITY CODE ENTITLED PUBLIC NUISANCE, AND REPEALING PRIOR CHAPTER l% 0: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 714 and adopt it on the second reading and publish. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 715 AMENDING CHAPTER 18 OF THE CITY CODE OF FRIDLEY BY ADDING SECTIONS 18.10, CONSTRUCTION WORK HOURS, AND 18.11, ALTERNATE HOURS WORK PERMIT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 715 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT - ENVIRONMENTAL QUALITY COMMISSION (TABLED AUGUST 18, 1980): MOTION by Councilman Fitzpatrick to nominate Dave Engstrom, 510 57th Avenue, for appointment to the Environmental Quality Commission. Seconded by Councilwoman Moses. Councilman Fitzpatrick stated Mr. Engstrom is a graduate of the University of Minnesota, with a degree in civil engineering, and is presently employed with the State Health Department in Environmental Engineering. He stated his duties involve inspecting well sites and checking water samples and chemicals. MOTION by Council Schneider to cast a white ballot for Dave Engstrom for appointment to the Environmental Quality Commission. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.] NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1980: i — — CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP 480-09 BY CLYDE E. MEYER, TO ALLOW EXISTING BASEMENT APARTMENT TO CONTINUE AS RENTAL UNIT IN SINGLE FAMILY DWELLING, 420 IRONTON STREET: Mayor Nee stated the Planning Commission has reviewed this request and there was a split vote on the special use permit. Mr. Flora, Public Works Director, stated this request for a special use permit is to allow an existing basement apartment to continue as a rental unit at 420 Ironton Street. He stated there are R-3 and R-2 properties adjacent to this property and the property has been used as a duplex for sometime. Mr. Flora stated while Mr. Meyer was in the process of remodeling, he came to the City and found he needed a special use permit to use this dwelling as a duplex. He stated none of the neighbors had any complaints about the continued use as a duplex. Mr. Flora stated the lot is large enough to warrant a duplex and there is sufficient parking. He stated staff supports the recommendation for approval of this request, with the stipulation that the unit be brought up to applicable building codes and fire regulations before it is rented again. 21,1. REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 3 notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:O2 .p. m. Mr. Qureshi, City Manager, stated the Council is aware that six months ago a presentation was made by him to the Webb Company about potential building sites available in the City. He stated the public; hearing before the Council is to consider the issuance of $9,600,000 in industrial development revenue bonds for a new facility in Fridley by the Webb Company. Mr. Louis J. Hamlin, representing Midwest Printing Company, a subsidiary of Webb Company, appeared before the Council to give some background information on their company. He stated they have been at their present location since 1947 and have an outdated facility. He stated they recently signed a contract with T. V. Guide for the printing of their magazine which will be a larger-volume covering cable and satellite programming. He stated they have printed the T. V. Guide magazine for 24 years and mentioned several other items they print which includes the Labelle catalogs, telephone books, and flyers and catalogs for major hardware stores. Mr. Hamlin stated they intend to build a 100,000 square foot facility in Fridley, expandable to double that size. He stated he felt Fridley is best suited to their needs in regard to transportation access and centrally located for their employees. He explained the new building would be energy efficient and all equipment would be modern and up-to-date. Mayor Nee asked how many additional jobs this facility would bring to Fridley. Mr. Hamlin stated, when completed, it would create about 40 new jobs immediately and with the expansion, they would then have 300-400 employees. Mayor Nee asked how this facility would contribute to the tax base. Mr. Qureshi stated it would be about 40% of the amount of the building and land. Mr. Grundtner,' representing Midwest Printing, stated the total cost would be about $3,000,000, with the building in the neighborhood of $2,000,000 and the balance would include the cost of the land and site preparation. Mayor Nee stated while the City contributes its name for tax exempt status, the repayment is entirely the responsibility of the company and not the responsibility of the Fridley taxpayers. He felt the Webb Company's new facility would be a great asset to the community. Mr. Herrick, City Attorney:, stated he has examined the preliminary material the legal counsel and bond counsel has sent and while his opinion is oral, based on the information he has received, finds it meets all the requirements. He requested the affidavit of publication of the hearing be included in the file. MOTION by Councilman Fitzpatrick to receive the letter of August 11, 1980 from Piper, Jaffray and Hopwood regarding the issuance of the industrial revenue bonds for the Webb Company. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No other persons in the audience spoke regarding the issuance of these industrial revenue bonds. MOTION by Councilman Barnette to close the public hearing. Seconded by Council- woman Moses. Upon aoice vote, all voting aye, Mayor Nee declared the motion carried unanimously, nd the public hearing closed at 8:15 p. m. RESOLUTION NO. .97-19 0 GIVING PRELIMINARY APPROVAL TO AN AGREEMENT BETWEEN THE WEBB COMPANY AND THE CITY OF FRIDLEY FOR THE ISSUANCE OF $9,600,000 INDUSTRIAL DEVELOPMENT REVENUEOND: MOTION by Councilwoman Moses to adopt Resolution No. 97-1980. Seconded by Councilman Fitzpatr ck. Upon a voice vote, all voting aye, Mayor Nee declared the motiom carried unanimously. + 123 REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 5 Councilman Schneider raised the question why it is being handled through a special use permit, rather than a rezoning request. He stated it comes back to the problem of R-1 zoning being used for R-2 purposes, with a special use permit. Mr. Herrick, City Attorney, stated the reason is that the code permits it. " He felt if the Council has serious reservations about using a special use permit for this purpose, they should consider amending the Zoning Code. He stated the burden has always been placed on the City to give substantial evidence why this wouldn't be permitted. Councilman Schneider stated he didn't have a problem.with this particular situation, but in some instances, this may be a way around the Zoning Code. Mr. Flora stated, originally, when the home was built, the owner improved the basement and during the sale, the new buyer assumed it was a apartment and co,ttinued the use as such and in making iwrovements found,but he needed a special use permit. Councilman Fitzpatrick stated he suspected, if they grant this kind of special use permit, it won't be the last one requested of the Council. He stated he realizes there was a public hearing on this request and there was no public testimony against it and the staff recommends approval , but he has reserva- tions and is sure they will be talking about it again, if they approve the request. He stated he was concerned about the traffic problem on Ironton and questioned what was to prevent one request after another along this street. Mr. Herrick, City Attorney, stated probably nothing would prevent the requests, if the houses are physically adaptable to two families living in it. He felt if the Council doesn't favor this and it is a troublesome area, it should probably be referred to the Planning Commission for their discussion and recommendation. He stated he supposes wit', families getting smaller, there may be a lot of houses in the City that could accommodate two families and maybe this is a goud time to examine that problem. He felt the City will be having more applications of this nature and the Council might want to consider if this is a procedure they wish to encourage and if so, if it should be done by rezoning or staying with the concept of a special use permit. Councilman Fitzpatrick stated this property seems to provide for more than one family dwelling and this could be said for• more than 50% of the homes in the City. He stated he realizes this dwelling is next to property being used in this manner already and even though it may look like an area that might provide for this type of use, he felt it really isn't the character of this street. Councilman Fitzpatrick pointed out the recommendation for approval was not an unanimous decision of the Planning Commission and if there had been any objection at the public hearing, he wouldn't hesitate to move for denial. He stated, however, in light of the recommendation of the Commission and staff and lack of objection from the neighborhood, he wouldn't put himself in the position of moving for denial. Mr. Meyer, the applicant, stated he bought the house three years ago and when they purchased it, they worked on the apartment for over two years to improve it. He explained he has just widened the driveway for parking and the apartment has its own private entrances, both front and back. He stated, in order to meet the code, he has to put in larger windows, a hand railing, fire door and smoke detector. Mr. Meyer stated there is a triplex adjacent to his property and two double bungalows on the corner. He stated his neighbors have no complaints, as he talked with them when he applied for the special use permit. Mayor Nee asked if the apartment had been rented when Mr. Meyer bought the house. 224 REGULAR MEETING OF SEPTEMBER 8, 1980 PAGE 6 Mr. Meyer stated when Chunnard's had the house, they lived in the basement and then built the house, but he believed they did rent the basement apartment from time to time. Mayor Nee asked Mr. Meyer if he ever rented out the apartment. He stated he has rented the apartment, however, it was vacated on the first of the month and is now vacant. Councilwoman Moses stated the trend is toward smaller families and with energy costs and prices skyrocketing, she felt they will have more of these requests. She felt the Planning Commission should be looking at this area. She stated she has the feeling Mr. Meyer bought the house in the first place with the intention of renting out the apartment. Councilman Schneider stated assuming the Council acts favorable on this special use permit request, he asked if this sets a precedent. Mr. Herrick stated the theory behind the special use permit is each case is reviewed separately. He stated you start with the assumption that it is a permitted use and two families in aii R-1 zone is permitted, unless there are circumstances that warrant denial. He stated granting this special use permit, will not set a precedent because the Council has to judge each one on its own merits, and the burden of denying the special use permit rests with the Council. MOTIOiJ by Councilrian Barnette to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #80-09, with the stipulation that the rental unit be brought up to applicable building codes and fire regulations before the unit is rented. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, ?Mayor .dee declared the motion carried unanimously. CONSIDERATION OF VACATION REQUEST SAV#80-0 BY PETITION :ur5-1980, TG VACATE ALLEYASEME_NT IN 6500-6600 BLOCK E_TWEEN EAST RIVER ROAD AND � HICKORY STREET: i Mayor Nee stated the Planning Commission hat recommended approval of this request with the stipulation that the City retain utility and drainage easements. Mr. Flora, Public bterks Director, stared the Council agreed to allow vacation of alleys and waiving the fere, if 100 of the residents along the alley petitioned for it. He sted the residents petitioned 100% for the vacation of this alley. / Councilman Fitzpatrick requeste/in the future, the Council receive copies of the petitions. MOTION by Councilman Fitzpat ick to set the date of the public liearing on the requested alley ease ent vacation for October 20, 1980. Seconded by Councilwoman Moses. U- n a voice vote, all voting aye, Mayor Nee declared the motion carri d unanimously. CONSIDERATION OF V CATION REQUEST SAV #80-05 3Y PETITION #4-1980, TO VACATE ALLEY E SEM[NT IN 5200 BLOT K BETWEEN LINCOLN AND BUCHANAN STREET S MOTION by Councilina Schneider to set the date of the public hearing on the requested alle easement vacation for October 20, 1980. Seconded by Councilman Barret'e. Upon a .voice vote; all voting aye, Mayor Nee declared the motion carri unanimously.