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SP81-04 -7-- CITY OP FF410LEY,—7- SUBJECT , rECIAL• USE PERMIT J F,431 UNIVCRSITY AVE.AV F_. NE. u c� F"IDLGY, MN. 55432 (612).5371-3450 SP. Y / Z l ADDRESS DATE PLANNING CONHISSION: P.N. DATE �w/� / APPROVED / DISAPPROVED DATE NO 2 CITY COUNCIL: P.H. REQ'D Zz DATE NO CITY COUNCIL: APPROVED_( DISAPPROVED DATE NO STIPULATIONS: � J e'` NAME - FEE �D c' RECEIPT NO_ ��� STREET LOCATION OF PROPER LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY�/�2�yO.' �---� ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT -go ' Has th resent applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? __des _310. 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. F 3. Dimensions of property, proposed structure, 4and 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. 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SP #81-4 Jorgenson � KE -r- 3G3T 2nd accessory building Tf T-too � •� � ",cafe: i"3t� o pen-J lr.r. - / �. 5 r. �C Iv ► 'L . `'rte `� t' LL`�',:, ►•.UY � S, F.,, :, %:,��':: DDt�iG,'� WE H.Rt 5Y CERi IFY T.iAT T1t15'IS A TRI'. AVD Co1Z--ZCT IZFt'C.ESENTKT10M OF A 5:`^vEY C1F TtiE 501JNDkPIES of THE LAND f\bl\ \'E DLSCRtBLD AND CF TSE. LCCNI100 OF ALL DUILDIt,G;, IF f\�)Y, T►tE:LON , WO ?.LL V151 BLE ENCROACSi M.NTS, IF I'uY, OR ON 511.10 Lfv4p. MI IDER E0GIWUlQING CO., INC . D\TLD '1105—D+lY Cs — f o i7 f IJi113[F'A A►:[ SVP_vEYOu.S (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, April 22, 1981 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit,SP y81-04,by Kenneth D. Jorgenson, per Section 205,051,2,A,to allow the con- struction Of a second ac- cessory building,a 24 ft.by 30 ft.detached garage,on Lot 10, Block 5, B, Bourdeaux's Spring Brook Addition, the same being 8101 Ruth Circle N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD P HARRIS Chairman Planning Commission (April 8&15,1980-FRID S t 10 PUBLIC HEARING BEFORE THE PLANNING COMMISSION f NOTICE is ierebv 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, April 22 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #81-04, by Kenneth D. Jorgenson, per Section 205.051 , 2, A, to allow the construction of a second accessory building, a 24 ft. by 30 ft. detached garage, on Lot 10, Block 5, Bourdeaux's Spring Brook Addition, the same being 8101 Ruth Circle N.E. 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: April 8, 1981 ` April 15, 1981 3 MAINE E -- SP 981-04 Kenneth D. Jorgenson COON RAPIDS !� _ IVE.6fwJ�� �.• .1... �Q iam° .Ae L "NO LAKE PARK a 3 Ll. ULULUJUUI 65 1.® 15 ;per T.iW N �l�_Iay�p1yI�II(�I`,9p�/�/ ( T.iW Caul I 1®® ✓.JP Y.[.X n . 4� (m.w 1 1144YWOYW[�VE���I:<, ®®IJLLJ� W u _ x fiWE 6 9z 65 �_- W ! Y ® ® o ~ s � �$ U �I Ind Cl 694 Y � � f• ��. fist s iI.MVW000 CC1M 1. IIIU'll � � rfox.E.r 65 n /COLUMBIA w HEIGHTS bre as + STREET MAP-CITY OF •;00n [y FRI DLEY ,2 " 0 3,333 6,666 J u Z 2 e (�•vf { ANOKA CO. PIN CO. 23 MINNEAPOLIS Planning Commission 4-6-81 MAILING LIST SP #81-04, by Kenneth D. Jorgenson 8101 Ruth Circle second Accessory Building Mr. Michael Melby Mr. & Mrs. Bruce Nelson 8100 Ruth Street N. E. 8016 Ruth Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. Kent Pierce Mr. & Mrs. Randall Topeff 8020 Ruth Street N. E. 341 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. John Walton Mr. & Mrs. Marvin Breilard 8066 Ruth Street N. E. ' 295 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. Thomas E. Christian Mr. & Mrs. Mykola Maroz 8026 Ruth Street N. E. 289 Ely Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Lester Russell Mr. & Mrs. Russell Schlemmer 8110 Ruth Circle N.E. 281 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. John Mitchell Mr. & Mrs. Robert Freeman 8120 Ruth Circle N. E. 273 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Walter Streich Mr. & Mrs. Curtis Walberg 8125 Ruth Street N. E. 255 Ely Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Ms. Margaret Mulrine 8135 Ruth Street N. E. Fridley, Mn 55432 Mr. & Mrs. Donald Livgard 8141 Ruth Circle N. E. Fridley, Mn 55432 Mr. & Mrs. Allen Blomker 8131 Ruth Circle N. E. Fridley, Mn 55432 Mr. & Mrs. Richard Carlson 8121 Ruth Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Carrol Davis 8111 Ruth Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Kenneth Jorgerson 8101 Ruth Circle N.E. Fridley, Mn 55432 CITY OP FRIOLUY, SU13JE:CT Nill"�If�lESOTA CO�111MISSUDN APPLICATION ION .-acwv:�ra�mca�ca�rrs.aaywcal�.smamt.�s�+r°�47[:M1wfT�7;r�r!*�7�8'. 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(� Serax. �' 91.104S 'N .gtOi ,YA4l "� ` .Ire -I i... t" 21 ^I , 6l X35 gid, 3�4 3�1� . . 2. 5 2AS STREET �� Ru�,� tido 63•� '�'�� (a®'1�rl�� A� � ` 1 `� � � � \ l - 31 „r � i� �} �• g�� .t f5 1 ,fS.eJ aY C� 1:/.e'� -�c' •`—� �, c7 iser 2 /lie. 2 f IS v K •<!� q Q, •0/c t.1/4.AIr/f/ B✓1 I Y12i142JI "rh �• f V,�. �\ 1 ,. +..•-.. .. ,. ..' �'• �� >:ass' u ,� \ ..,.`. i"ry" ��•`^�� r, ,,� 'F 1 H '31 �v 1 nIPA 1114 _�,► � �' °' z. , ��'S .re.__r. CSl'S� V N�Pi.,l�i p.P / o R , '0 .ar R t;f-.: bf f ` (,•265, .,'G 1\ Am b k k �+ y a aiis� ^ .epi+ 41 ��' r ���6� kY Ci CLE ��1 +$^s fl, +�� r1 .. '��O i }. A � " s A� M_ ,x OOK T - r 41 A /�g0�( W ! 4 S ` :A /,f /9 2.ti;17137 DARK /.2 4 3 - ; . ADD1 r1ON �q- r U .� ... ELY v is Q« 141 4 2W! 527 63 " ,y z�g 20 all 2�Z 2'q zt. $ ya E�`z ,g Z.1. urtiz'zo 1r�` �co a 8 I MEETING, APRIL 2? 1981 PAGE 6 Tl l�EETI�! PLANNING COMMISSION 2. PUBLIC HEARING.: REQUEST FOR A SPECIAL USE PERMIT BY SP #81-0 E-flNETH U. JORGE ISON: Per. Section 2�,�,1-;2;A;y0 ri ey City Code, to allow the construction of a second accessory building, a 24' by 30' detached garage, on Lot 10, Block 5, Bourdeaux's Spring Brook Addition, the same being 8101 Ruth Circle N.E. MOTION BY MR. SVANDA, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON SP #81-04 BY KENNTH JORGENSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8:37 P.M. Mr. Boardman stated Mr. Jorgenson 's proposal is to build a detached garage with Jorgenson presently has an attached garage. Street. Mr. Y access off Ruth 9 P Mr. Harris asked Mr. Jorgenson if he would like to make a statement. Mr. Jorgenson stated that because of the need for more storage and housing cars, 30 garage. His resent garage is 20' x 22 ' and building n a 24 x g p he plans on g 9 later on he plans to convert the attached garage to living space. Mr. Harris stated his only concern would be that at the- time of the conversion of . the attached garage, the driveway to that garage be removed. HE PUBLIC HEARING ON SECONDED BY M5. HUGHES, r0 CLOSE T MOTION BY l.�t. PJHARTON, SEC SP #81-04 BY KENNTH JORGENSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 8:45 P.M. MOTION BY MR. WHARTON, SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY C APPROVAL OF THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-04,BY KENNTH JORGENSON, PER SECTION 205.051, 2, A, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 24 BY 30' DETACHED GARAGE,- ON LOT 10, BLOCK 5, BOURDEAUX`S SPRING BROOK ADDITION, THE SAME BEING 8101 RUTH CIRCLE N.E. , WITH NO STIPULATIONS. MOTION BY 145. VAN DAN, SECONDED BY MS. GABEL, TO AMEND THE MAIN MOTION TO INCLUDE THE STIPULATION THAT WHEN THE PRESENT GARAGE IS CONVERTED TO FAMILY LIVING SPACE, THE DRIVEWAY BE REMOVED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE AMENDED MAIN MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. City Council on May 4. Mr. Harris stated this would go to C y y PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 5 MOTION BY MS. GABEL, SECONDED BY MS. VAN DAN, TO CLOSE THE PUBLIC HEARING ON SP #81-03 BY ROBERT FRIEDLY. UPON A VOICE VOTE, ALL VOTING AYE, .CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 8:20 P.M. Ms. van Dan stated she was really concerned about the naise to the residents. Ms. Gabel agreed that the noise was a big concern of hers also. She would also be concerned about the area becoming a hang-out. Mr. Friedly stated he would be willing to put in restroom facilities if the City required it. Mr. Wharton stated he could not understand why Y the were so concerned about the noise level of this operation when they see the baseball fields in residential areas of the City with bright lights and noise going on until 10:00 at night. To him, noise was not a big factor. He would be more concerned about restroom facilities. Ms. Hughes stated she would agree with that if some hours of operation were attached to the special use permit, such as 10:00 p.m. She had some concern about the direct sound lines that would go from this area to the neighborhood's bedroom windows. They are forcing people to air condition their homes when they create further noise problems. In terms of energy, that was something she would object to. Ms. van Dan stated she was also concerned about the parking. It is a pretty full parking lot, even during the day. She has also used the 53rd intersection, rather than go onto Central Ave. at 52nd Ave. MOTION_ BY MS. GABEL, SECONDED BY MS. HUGHES, TO RECOMMEND TO CITY COUNCIL THE DENIAL OF THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-03, BY ROBERT FRIEDLY, PER SECTION 205.101, 3, 0, OF THE FRIDLEY CITY CODE, TO ALLOW A BUMPER BOAT OPERATION ON A 98 FT. BY 125 FT. SITE IN SKYWOOD SHOPPING CENTER, LOCATED ON PARTS OF LOTS 4 AND 5, AUDITOR'S SUBDIVISION NO. 53, THE SAME BEING 5255 CENTRAL AVE. N.E. , FOR THE FOLLOWING REASONS: 1. THE ALREADY EXISTING NOISE LEVELS 2. THE TRAFFIC SITUATION AND THE POTENTIAL PROBLEMS WITH PARKING 3. THE SAFETY OF THE YOUNG PEOPLE [dHO WOULD USE THE AREA UPON A VOICE VOTE, HARRIS, GABEL, HUGHES, AND VAN DAN VOTING AYE, WHARTON AND SVANDA VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 4-2. Mr. Harris stated the reason he voted nay was because he did not think this was an appropriate use as an accessory use to the shopping center as he has opposed all similar accessory uses to all shopping centers that have been put in in the past. Mr. Harris stated that SP #81-03 was recommended to City Council for denial and would go to City Council on May 4. 134 REGULAR MEETING OF MAY 4, 1981 PAGE 13 Mr. Flora stated the staff's concern was the noise factor and the appearance of the structure. He stated the petitioner stated he would be willing to do any type of landscaping necessary to make sure of a good appearance. i Mr. Flora stated, as far as the noise, it is 58 decibels one meter away and ten meters away, it is less than 40 decibels, and 150 feet away, you can hear the noise,of the participants. He stated the hours of operation would 1 be from 12 noon to 11:00 p. m. or 12:00 midnight. Mr. Flora stated the pool is 30 inches deep and approximately 84 .feet wide by 125 feet long. He stated this operation would be similar to the one in Coon Rapids. 1 Mr. Flora pointed out that Mr. Galush of Twin City Federal had several concerns regarding traffic danger to children, parking, the detraction from -appearance from the highway, the question of restroom facilities, and the noise factor. He felt it would be difficult to speak into a microphone in i the bank's drive-in lane with the noise factor of 50 decibels next door. Mr. Flora stated the Planning Commission recommended denial of the special use permit because they felt the existing noise levels in the area were extensive, the traffic situation and potential problems with parking, and safety of the young people using the area. i Mr. Friedly appeared before the Council regarding his request for this special use permit. He felt the concerns expressed relative to noise, j safety, and parking could be checked with the operation in Coon Rapids. He further explained the engines are water cooled and this reduces the noise substantially. Councilwoman Moses asked if he suggested to the Planning Commission they review the operation in Coon Rapids. Mr. Friedly stated he didn't know he i had the option at that time. Mrs. Judy Engebretson, 5216 Taylor Street, stated the contour of the land is probably different in Coon Rapids operation and explained the noise hits the hill and bounces up and on a clear summer night, she can hear noises from the golf course. She questioned how they could possibly estimate the noise created by patrons of this operation. She felt that 52nd and Central is already heavily traveled and this business might create some distraction for motorists on Highway 65. Mrs. Engebretson also questioned what would happen when this operation closes, and was concerned kids may climb the fence to cool off. She stated her main concern is adding additional noise to the area. She didn't feel it would upgrade the shopping center and indicated the neighbors don't object to something that is enclosed indoors. Mrs. Engebretson stated the neighborhood hoped the Council will concur with the Planning Commission and deny the request for a special use permit. MOTION by Councilman Schneider to concur with the recommendation of the. Planning Commission and deny special use permit SP #81-03 because of the 1 already existing noise levels, the traffic situation and potenuial problems with parking, and the safety of the young people who would use the area relative to the traffic using Twin City federal 's drive-in window. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. { ;3 CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #81-04 TO ALLOW / CONSTRUCTION OF SECOND ACCESSORY BUILDING (DETACHED GARAGE 8101 RUTH CIRCLE, KENNETH D. JORGENSON: Mr. Flora, Public Works Director, stated the property in question is located just east of East River Road on Ruth Circle. He stated the petitioner wished to build a 24' x 30' detached garage with access off Ruth and to convert his existing attached garage to living space. I E q. 135 REGULAR MEETING OF MAY 4, 1981 PAGE 14 i I Mr. Flora stated the Planning Commission reconmended approval with the stipulation that the driveway be removed, when the present garage is converted to living space. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Conmissison and grant special use permit SP #81-04 for a second accessory building, with the stipulation that when the present garage is converted to living space that the present driveway be removed. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. /r CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP #81-05, TO ALLOW i CONSTRUCTION OF DUPLEX IN R-1 ZONING, 20 OSBORNE WAY, LEIGH INVESTMENTS, INC.: Mr. Flora, Public Works Director, stated this property is located just west of East River Road at Osborne and Osborne Way intersection. He stated there currently is single family housing located around the parcel. Mr. Flora stated the special use permit is requested to allow construction of a duplex in an R-1 Zone, with the outside appearance resembling a single family home. He stated the Planning Commission recommended approval of this request with the stipulations that the developer prove that there are 10,000 square feet available on the lot; that the utility, drainage, and bikeway easements are preserved; and that a third garage is provided. Mr. Les Watkins, 40 Osborne Way, indicated he had no objections to this special use permit. Councilman Fitzpatrick asked if the person who raised an objection at the Planning Commission meeting was present, but there was no response from the audience. Mr. Qureshi , City Manager, stated there have been numerous discussions by-the Council in allowing a double bungalow in R-1 zoning, with a special use permit. He stated, in the past, the Council has not allowed this type of approach and if they wish to approve this request, this will be setting a precedent. The petitioner stated financing on this particular lot has been turned down consistently for single family homes and the reason was because of noxious odors and high noise levels. Councilman Schenider stated he has a problem with special use permits in an R-I zone and perhaps this should be a rezoning request. He felt Mr. Qureshi's point of setting a precedent is valid and, without a specific rezoning to R-2, finds it difficult to support. Mr. Herrick, City Attorney, stated his concern is that the special use provision is in the ordinance and precedent set when the previous Council adopted the ordinance. He felt if it is in the ordinance, then it is incumbent on the Council to approve it, unless there are pertinent reasons for denying it. He stated he is not comfortable with denying it simply because the Council doesn't like the ordinance. I Councilwoman Moses felt because of the difficulty in developing this. parcel as single family and financing can't be obtained, she felt it should be approved. Councilman Fitzpatrick stated he thinks this is a long standing situation j and felt the Council had been quite consistent in recommending against such i special use permits in asolid R-1 area. r � i I " i i CITY OF FRIDLEY f rl';`���z° ,°� ,< ' x` 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 5543.2 TELEPHONE ( 612)571 -3450 May 14, 1981 CITY COUNCJL ACTIO;N TAVEIIi NOTICE Kenneth D. Jorgensen 8101 Ruth Circle N.E. 't Fridley, Mn 55432 ,u On May 4, 1981 the Fridley City Council officially approved your request for i_S eciaL_.Sa Permit_ SP #81-04 r a 2n.+�$sory building with the stipulations listed below: I . The driveway to the first accessory building will have to be removed if this is ever converted to living space. If you have any questions regarding the above action, please call the Coinmunity Development Office at 571-3450. Si.ncereiy, J `R 'LJ L. GOARDMAN JL6/de ity Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with a on ,en.