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SP81-05 F13 C:1�'i' C]F=F=F�I[]LE�Y, SUBJECT SPECIAL. USE PERMIT ( � 0431 L1NlVEi�tSiYY AVG. NE. i^ FAIOLLY. MN. 63432 (F ^27 X71- 34 .O SP # l 1' CS�:)O r ADDRESS 2-Q 0,5 B_,C''�nl E tt)'Q DATE PLANNING CONHISSION: F.H. DATE 4/22/81 APPROVED DISAPPROVED i' DATE `�-�% ^E'� NO 3 CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED_ DISAPPROVED DATE NO STIPULATIONS: _ NAME ,1. C-= t G I-.( &i t/C5 T-M A/ G- FEE_ ) '7,�` RECEIPT NO.�5 �/3 STREET LOCATION OF PROPERTY_, (3 -p- LEGAL DESCRIPTION OF PROPERTY �-n T- B roc- �� c Ie'X 7 r e f 96 PRESENT ZONING CLASSIFICATION_ EXISTING USE OF PROPERTY QVC f ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT S-n t15 �7 t -AjirN 1d t)ua- x cltcT i t TW 54A�C�c cias�a/O Has the present applicant previously sought to r zone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? __--Yes �X 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. i DATES �� /�� _ SIGNATURE , Zw-A //J&- n PLIC ADD:LSS_�, ��/ � X : TELEPHONE I (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 Fride- ly 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 request for a Special Use Permit,SP#81-05,by Leigh Investments, Inc.,per Sec- tion 205.051, 3, D, to allow the construction of a duplex in R-1 zoning (single family dwelling areas) on Lot 3, Block 1, Leigh Terrace, the same being 31 Os- borne Way 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 (April 8&15,1981)-FRID .' ,. b #81 SP -@5 - :,,". •�, '.� .• �� q � L.e•�igh Investments Duplex in R-Tj :. ►�a :to4'. / `; 2 Osborne Way N.E. ^""...��'. ♦ , ,` t ,-� f a.^o) i w as. -• (a e� .t Lr'� �� .:i -750 40 41 zel E , . 1F !� I'S .04 ry =+ Ltd _ t<a p,1, •'� — —_ i�•-. -- - - ---- - -- X33 j ��•� ` (�� YrAlam + 1��1Nf c t ID 373, ` ,2• fir• moo,: ..'�: Mi - d ,.. �Lx°4 .e ! — �e��Y �l�ro� ...• - FCp,.-d••:+i�• i�'`'�•y.t�J w ,`�� . •`•.Aye �.� s' i '� •- '` '. :1 >=. w.!:,`'� ',y�w •.to imp V d + r y 410 s 771 7365 ii f ; �� • 1l5 t ?356 `�" ! �. +� •" .� t rc saw � t t rf� t � 7335 9 ., F4 7 ':135 • ',' i23 109 ,.-a.. w t �s: C . ' 1i t59 �..-. GLE N Cf;:=_K RD. Rte, '? ti15 "' ' '1 /' its — -� ` !- - �•'! e :rte--=`- ✓ �� 12 ? ::;ICC; .. •. ', PLanning Commission 4-7-81 ST MAILING LI 17 N SP #81-05 Leigh' Investments , Inc. Duplex in R-1 zoning, Block 1 , Lot 3, Leigh Terrace Mr. & Mrs. James Fisher Mr. & Mrs. Theodore Benson 45 75th Way N. E. 41 Talmadge Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. Robert Warhol and Connie Schander ' 55 75th Way N. E. Fridley, Mn 55432 Mr. & Mrs. George Dean 65 75th Way N.E. Fridley, Mn 55432 Mr. & Mrs. Melvin Rogne 7505 East River Road N. E. Fridley, Mn 55432 Mr. & Mrs. James Pratt 7501 East River Road N. E. Fridley, Mn 55432 Mr. & Mrs. Walter Gay 7479 Osborne Road NE. Fridley, Mn 55432 Leigh Investments , Inc. 6395 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. John McCay 7449 Talmadge Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Lesley Watkins 50 Osborne Way N.E. Fridley, Mn 55432 Mr. & Mrs. Harold Overvig 30 Osborne Way N.E. Fridley, Mn 55432 Mr. & Mrs. David Lindom 21 Talmadge Way N.E. Fridley, Mn 55432 Mr. & Mrs. Predrag Filipovic 31 Talmadge Way N.E. Fridley, Mn 55432 P,L)1,e y 205.196 205.19. SPECIAL USE PERMIT Special Use Permit 205.191. Purpose Purpose The purpose of this section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination,whether or not the special use is to be allowed,the City-may consider the nature of the land upon which the use is to be located, and nature of the adjoining land or buildings, the proximity of a similar use, the effect upon traffic into and from the premises, or on any adjoining roads, the total number of similar uses with the City, and all such other or further factors as the City shall deem a requisite of consideration in determining the effect of such use on the general welfare, public health, and safety. 205.192. Definition Definition A Special Use Permit is a permit for allowing specified uses in specific zoning districts. 205.193. Application Application Application for Special Use Permit shall be filed with the Zoning AdnTin#tsifier. It shall be accompanied by such data as the Planning Commission shall require through rules and regulations adopted by the Commission. 205.194. Referral to Planning Commission Referral 1. The Planning Commission shall hold a public hearing on the application within sixty (60) days and shall provide published notice of said hearing at least 10 days before the hearing together with mailed notice to all property owners within 200 feet of the property affected. Failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bonafide attempt to comply with the mailed notice requirement has been made. 2. The applicant and/or his representatives shall appear before the Planning Commission in order to answer questions concerning the proposed special use. The Planning Commission shall report its findings to the Council indicating its recommendation as to approval or denial and specifying what, if any, conditions are necessary regarding the location, character and other features of the proposed use of the building. 205.195. Council Action Council Upon receiving the recommendations of the Planning Commission the City Council must take action within Action sixty (60) days and may affirm or deny the application by a simple majority vote. 205.196. Issuance Issuance The issuance of any Use Permit is dependent on the fact that the activities permitted will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof,or to the public welfare, and will not impair the use, enjoyment, or value of any property. The issuance of any Use Permit may also be subject to conditions in order to protect the public health, safety, convenience and welfare,or to avoid traffic congestion,or hazard,or other dangers,or to promote conformity of a proposed use with the character of the adjoining property and uses, and the district as a whole, or to protect such character. SOME EXAMPLES: (Conditions not limited to these examples.) 1. Time Limits 2. Structural Requirements 3. Limitation of Use 4. Specification of Manner of Maintaining and Conducting Use. The City Council may require a written agreement, deposit of certified check or funds, a bond, or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and sh II be considered a violation of this chapter. ( C„ 205-017 o U� 205.211 205.197. Denial Denial Special Use Permits may be denied by motion of the Council and such motion shall constitute that conditions required for approval do not exist. No application for a Special Use Permit which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said order of denial, except on new ground or new evidence or proof of changes of conditions found to be valid by the Planning Commission. 205.198. Lapse of a Special Use Permit by Non-use. Lapse Of A Special Whenever within one(1)year after granting a Special Use Permit the recipient of the Special Use Permit shall not Use Permit have completed the work as permitted by the permit, then such permit shall become null and void unless a By Non-Use petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the Zoning Administrator at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the Special Use Permit. Such petrition shall be presented to the Planning Commission for review and recommendations which are to be submitted to Council for final action. 205.20. Amendments Amendments The City Council may amend this chapter and the zoning districts as designated on the official zoning map of the City. An amendment to this chapter or to the boundaries of any zoning district may be initiated by the City Council, the Planning Commission or by a petition of any affected propertry owner. An amendment not initiated by the Planning Commission shall be referred to the Commission for public hearing and recommendations. The City Council shall not act upon the requested amendment until it has received the recommendation of the Planning Commission or until sixty(60)days have elapsed from the date of reference of the amendment to the Planning Commission. 205.201. Public Hearing Public Neither this chapter nor the boundaries of any zoning district shall be amended until a public hearing has been Hearing held by the Planning Commission and by the City Council. A notice of the time, place and purpose of the hearings shall be published in the official newspaper of the municipality at least ten (10)days prior to the day of hearing before the Planning Commission. The same notice shall be given for the hearing before the City Council. When an amendment involves changes in district boundaries affecting an area of five(5)acres or less, a similar notice shall be mailed at least ten (10) days before the day of the hearings to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings,provided a bonafide attempt to comply with this subdivision has been made. 205.202. Council Action Council An applicant or other affected property owners or their representatives may appear before the Planning Action Commission and Council and shall be given an opportunity to be heard A two-thirds(%) vote of all members of the Council shall be required for passage of an amendment to the zoning ordinance or for the change of any district boundaries pursuant to said ordinance. 205.21. ENFORCEMENT ENFORCEMENT 205.211. Violation a Misdemeanor; Penalty Violation A The owner of a building or premises in or upon which a violation of any provisions of this ordinance has been Misdemeanor; committed or shall exist; or the lessee of the entire building or entire premises in or upon which violation has Penalty been committed or shall exist; or the owner or lessee of any part of the building or premises in or upon which such violation has been committed or shall exist, shall be guilty of a misdemeanor, and subject to all penalties 205-6e provided for such violations under the provisions of chapter 901, of this code each and every day that such 205.212 violation continues.Any such person,who having been served with an order to remove any such violation, shall fail to comply with said order within ten(10)days after such service, or shall continue to violate any provisions of the regulations made under authority of this ordinance in the respect named in such order, shall also be subject to a civil penalty of not to exceed $300.00. 205.212. Interpretation Interpretation In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health,convenience,comfort,prosperity and general welfare. it is not the intention of this chapter to Interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a gfeater restriction upon the use of building or premises or upon height of building, or required larger open spaces than are imposed or required by other chapters,rules, regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall govern. 205-69 v 205.02 7. BASEMENT: A story partly or wholly underground. 8. BLOCK: That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street. 9. BOARDING HOUSE: Any dwelling other than a hotel where meals or lodgings and meals for compensation are provided for five or more persons, not members of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building having ten (10) or more guest rooms. 10. BUILDING: Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind,and when separated by party walls without openings, each portion of such building so separted shall be deemed a separate building. 11. BUILDABLE AREA: The buildable area of a lot is the space remaining after the minimum open space requirements of this ordinance have been complied with. 12. BUILDING HEIGHT: The vertical distances measured from the average elevation of the finished grade at the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof. 13. BUILDING LINE: For the purpose of this ordinance the building line is the same as a front yard setback line. 14. BUSINESS: Any occupation,employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor or materials, or where services are offered for compensation. 15. CURB GRADE: The established elevation of nthe curb in front of the building measured at the center of such front. Where no curb grade has been established, the City shall establish such curb level or its equivalent for the purpose of this ordinance. 16. DISTRICT: A section or s-^tions of the incorporated area of the City for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein. 17. DOUBLE FRONTAGE LOTS: A lot with frontage on two nonintersecting streets. 18. DWELLING: A building or portion thereof, but not an automobile house trailer, designed exclusively for residential occupancy, including, one-family, two-family and multiple dwellings, but not including hotels, boarding and lodging houses. 19. DWELLING, ONE-FAMILY: A detached building designed exclusively for occupancy by one family. 20. DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two families living independently of each other. A. DOUBLE BUNGALOW: A two family dwelling with two units side by side. B. DUPLEX: A two family dwelling with one unit above the other. 21. DWELLING' MULTIPLE: A buildiing or portion thereof designed for occupancy by three or more families living independently of each other. 22. DWELLING UNIT: Oneor more rooms in a dwelling or apartment hotel designed primarily for occupancy by i one family for living or sleeping purposes. 23. FAMILY: An individual,or two or more persons related by blood or marriage, or group of not more than five 205-2 205.051 B. Agriculture, including farm, truck gardens and orchards, but excluding animal and poultry raising. C. Churches, parish houses and convents. D. Townhouses, under the conditions stated in the Townhouse Development Section 45.14. 2. Accessory Uses A. Private garages or other accessory buildings. Only one accessory building per lot, with each additional accessory building requiring a special use permit. B. Privately owned recreational facilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests. C. Customary home occupations including rental of rooms for occupancy to not more than two persons per dwelling unit. 3. Uses Permitted With Special Use Permit A. Nurseries and greenhouses for the propagation, cultivation and growing of plants only. B. Golf course, country club, yacht clubs, tennis courts, swimming pools and additional recreational uses ALL NONCOMMERCIAL and not an accessory use to the principal uses in the R-1 District. C. Utility companies having transformers, pumping stations and substations are subject to the following minimum requirements: 1) Must conform with surronding neighborhood with respect to setbacks, open spaces, architectural design and also must be screened. 2) It must not have any regular employees. 3) The equipment must be completely enclosed in a structure. D. Double bungalows, but additionally a concurring vote of 415ths of the Council shall be required for the Council to issue such special use permit. E. Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: 1) The minimum front yard setback is 25 feet, except where adjacent property has existing front yard setbacks exceeding 35 feet; additional front yard depth may be required. A side yard and rear yard minimum setback of five (5) feet is required. 2) Proper screening, which included a planting strip, fence, or wall provided on the property. This must be substantial enough to create a physical separation of the properties involved and considered acceptable by the Council. F. Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly. 4. Other Uses For other uses,other than dwelling units, permitted uses and uses requiring a special use permit, requirements as to lots, setbacks, buildings, parking, landscaping, screening, and exterior materials shall be at least comparable to similar uses In other districts, but also subject to additional provisions as provided by the City. 205-7 205.055 1) A one story single family dwelling unit of three bedrooms or less shall have a minimum of 1,020 square feet of living area. 2) A single family dwelling unit consisting of two full stories above grade shall have a minimum of 1,020 square feet of first floor area, at least 768 square feet of which shall be living area and the dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. 3) A single family dwelling unit of a split level design of three bedrooms or less shall have a minimum of 1,020 square feet of living area in the upper two levels. 4) A two story dwelling unit of the split entry design of three bedrooms or less shall have a minimum of 768 square feet of gross floor area in each of the upper two levels provided: a. The dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. b. The finished floor level of the upper story is not more than six feet above grade. 5) A two story dwelling unit having the upper story situated wholly or partly in the roof space provided: a. The gross floor area of the first story above grade shall be not less than 864 square feet. b. Each bedroom located in the upper story shall have a minimum of 120 square feet of floor area. c. The dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. B. For lots less than 9,000 square feet, the dwelling shall have a first floor area of not less than 768 square feet exclusive of accessory buildings or an attached garage. C. In double bungalows, the minimum total first floor area shall be 1,400 square feet, and the minimum living area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage. 205.055. Parking Requirements Parking 1. Parking Ratio Requirements At least one off-street parking stall shall be provided for each dwelling unit. 2. Garage Requirements A. All lots having a minimum lot area of 5,000 square feet shall have a minimum of a single stall garage. B. For lots resulting from lot splits having less than the 75 foot lot width shall have a minimum of a single attached garage. 3. General Provisions A. A properly maintained hard surface driveway is required for each dwelling unit with a garage. B. A gravel or similar type driveway must be properly maintained for each dwelling unit without a garage. Special attention should be made to keep this material from accumulating in the street. C. The required parking stall shall not occupy any portion of a required front yard. 4. Existing Facilities All existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to Section 205.055, Parking Requirements, Paragraph 3, General Provisions, by January 1, 1974. 205-10 205.051-3D - 205.054-2C ORDINANCE NO. 736 AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE CONCERNING DOUBLE BUNGALOWS IN 1HE R-1 ZONE BY DELETING SECTIONS 205.051-3D and 203.054-2C The Council of the City of Fridley do ordain as follows: Delete paragraph 205.051-3D "Double bungalows but additionally a concurring vote of 4/5ths of the Council shall be required for Council to issue such special use permit." Delete paragraph 205.054-2C "In double bungalows, the minimum total first floor area shall be 1400 square feet and the minimum living area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage." PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF AUGUST, 1981 . WILLIAM J. NEE - MAYOR ATTEST: CITY CLERK - SIDNEY C. INMAN Public Hearing: June 8, 1981 First Reading: July 13, 1981 Second Reading: August 10, 1981 Publish: August 19,98 0014A/1361A i � 205.05 3. No structure shall be erected,converted,enlarged, reconstructed or altered,and no structure or land shall beAV%r' used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. 4. Everybuilding erected after the adoption of this chapter shall be located on a lot, as defined herein and in no `\case shall there be more than one main building on any one lot, except as may be otherwise provided herein. 5. Every building containing any dwelling units or guest rooms shall be erected on a lot at least one line of which abuts for not less than 25 feet along a public street or along a permanent, unobstructed easement of access to the lot from a public street as approved by the zoning administrator as adequate for the purpose. 205.042. Separability: Separability It is hereby declared to be the intention of the City that the several provisions of this ordinance are separable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment., 205.043. District Boundaries: District In determining the boundaries of zoning districts shown on the zoning map of the City of Fridley, the following Boundaries rules shall apply: 1. If such boundaries follow the property lines of streets, alleys or other land divisions, such zoning boundary lines shall be construed as to conform to the lines of said streets, alleys or other property subdivisions. Whereas, within lakes or other waterways, public streets and alleys, public parks, thoroughfares, and other public ways shall be considered to be zoned as public facility districts. Where the property is unsubdivided or where a zoning district divided a lot or parcel of property, the location any such district boundary line, unless the same is indicated by dimensions shown on the district map, shall 3 determined by the use of the scale appearing on such map. 205.044. Zoning Administrator Zoning The City Engineer/Director of Planning of the City of Fridley shall act as the zoning administrator and as such is Administrator responsible for the administration and enforcement of the provisions of this ordinance. The zoning administrator or duly authorized representative shall issue all permits and certificates required by this ordinance. The administrator or his duly authorized representative shall inspect and examine all buildings and land, and issue written orders requiring the remedying of any conditions which are found to be a violation of this chapter. The zoning administrator or duly authorized representative shall act as secretary for the Planning Commission. The zoning administrator shall enforce all decisions made by the Planning Commission, Board of Appeals and City Council pertaining to this chapter. a � R-1 District i ' 205.05. R-1 DISTRICT REGULATIONS ,ti ,1 \ tN , `1 K- tri1 •�c} Regulations 205.051. Uses Permitted l�� Uses Ct\t �; 1. Principal Uses Permitted A. One-family dwellings �� 205-6 ; 0 ` 7Y 205.051 B. Agriculture, including farm, truck gardens and orchards, but excluding animal and poultry raising. C. Churches, parish houses and convents. 31-k_. D. Townhouses, under the conditions stated in the Townhouse Development Section 45-14. q JJ�� L�`(i� j,,, Accessory Uses d� pb�0. T Q.\ryf� LVL .^.♦L a c cam` , 'L a A. Private garages or other accessory buildings. Only one accessory building L' access6r di 7�-. 1Q,yu� I'LA-ytc�c,.�c; c�tsu C'-� ��. i ,I�� `L: �� 6nctncl,� c�iT 06 �� d�,,Jeno ) 1t� u�t_ca �3i��e.�S �.L, C �. B. Privately owned recrea Tonal facilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests. Llv'_t�`'G1) L . cz!c:1NCrcr C. Customary home occupations including rental of rooms for occupanrry to not more than-two persons per dwelling unit �c�um dCl-��C x3 a C II�O y A-Z!J, R�c, LL.L, 3. Uses Permitted With Special Use Permit 6U, ,1�OrYU - OcCA,�x.t: CLR.d J� LL�4Lctpu.L) A. Nurseries and greenhouses for the propagation,_cultivation and growing of plants only. �1�� uc{. �_{Lrl&tjb B. Golf course, country club, yacht clubs, tennis courts, swimming pools and additional recreatioWal uses�u ALL NONCOMMERCIAL and not an accessory use to the principal uses in the R-1 District. C1CCt i �C 14(lic C. Utility companies having transformers, pumping stations and substations are subject to the following 1 minimum requirements: c'.a�QU,yuv�A(o 1) Must conform with lucre—n g neighborhood with respect to setbacks, open spaces, architectural design and also must be screened. 2) It must not have any regular employees. 3) The equipment must be completely enclosed in a structure. D. Double un alows b t additional) a concurring vote of 4l5ths of the Council shall be r g U Y miirn fnr the Council to issue such special use permit. E. Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: 1) The minimum front yard setback is 25 feet, except where adjacent property has existing front yard setbacks exceeding 35 feet; additional front yard depth may be required. A side yard and rear yard minimum setback of five (5) feet is required. 2) Proper screening, which included a planting strip, fence, or wall provided on the property. This must be substantial enough to create a physical separation of the properties involved and considered acceptable by the Council. F. Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly. 4. Other Uses For other uses,other than dwelling units, permitted uses and uses requiring a special use permit, requirements as to lots, setbacks, buildings, parking, landscaping, screening, and exterior materials shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 205-7 i 205.053 205.052. Uses Excluded .',`c� j>3 Uses 1. Radio or television antennas exceeding a height of 20 feet above dwelling roof. �� Excluded *2. Any use not specifically permitted in the preceeding paragraphs of this section. 205.053. Lot Requirements & Setbacks Lot Yards,lot sizes,and open spaces shall be as required in this section for one-family dwellings hereafter erected Requirements in the R-1 District. & Setbacks 1. Lot Area A lot area of not less than 9-000 §"" fw" is required for one dwelling unit, except;' A. Where a lot is without City Sanitary Sewer, the minimum required lot area is 18,000 square feet. B. Where a lot is one on a subdivision or plat recorded before December 29, 1955, the minimum required lot area is 7,500 square feet. 2. Lot Width The width of a lot shall not be less than 75 feet at the required setback, except; A. Where a parcel of land is at least 60 feet in width, and comprises one or more full sized lots, or parts thereof, in a subdivision or plat recorded before December 29, 1955, and it is no longer practical to require a greater width, the minimum required lot width shall be 60 feet. B. Where a parcel of land is less than 60 feet in width, but not less than 50 feet in width, and comprises one or more full sized lots or parts thereof, on a subdivision or plat recorded before December 29, 1955, and the minimum width of a lot as originally made is less than 60 feet, and it is no longer practical to require a greater width, the minimum required lot width can be lowered to allow a building on this parcel with the side yard requirements reduced to five (5) feet minimum on each side subject to the following conditions: 1) The distance between any attached garages or other accessory buildings is at least 10 feet. 2) The distance between any building and the living area in an adjacent building is at least 15 feet. 3) The distance between the living areas in any two adjacent buildings is at least 20 feet. C. if lot splits are permitted with the lot width less than the required 75 feet, the lot must still meet the most restrictive lot requirements and setbacks; except for the lot area and lot width. 3. _Lot_Covera2e Not more than 25.p!ercent of the area of a lot shall be covered by the main building and all accessory buildings. 4. Setbacks A. Front Yard A front yard with a depth of not less than 35 feet.is required. Two sider are required, each with a width of not less than ten (10) feet, except as follows: 1) Where a house is built with a single attached garage on lots of 9,000 square feet or more and with a lot width of 75 feet or more, a minimum side lot requirement shall be necessary of 10 feet on the living area 205-8 side and a minimum of 15 feet on the garage side so that a double car garage could be built In the future 205.054 without a side lot variance. However, this regulation shall not be so interpreted as to reduce the house frontage to less than 40 feet. 2) Where a house is built without an attached garage on lots up to 60 feet wide, a minimum side lot requirement shall be necessary of 10 feet on one side and 13 feet on the other side so that there would be access to the rear yard for a possible detached garage at some future date. 3) Where a house is built without an attached garage on lots more than 60 feet wide, a minimum side lot requirement shall be necessary of 10 feet on one side and 19 feet on the other side so that a future attached garage 14 feet wide could be built without a side lot variance. 4) The side yard adjoining an attached garage may be reduced to not less than 5 feet, provided the height of the garage on that side is not more than 15 feet. 6) Corner Lots a. The side yard width on a street side of a corner lot shall be not less than 17.5 feet. When the lot to the rear has frontage along a side street, no accessory building on the corner lot, within 25 feet of the common property line, shall be closer to said side street than 30 feet; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than 25 feet. b. Any attached or unattached accessory building which opens on the side street, shall be at least 25 feet from the property line on the side street. 6 Accessory buildings may be built no less than three (3) feet from any side lot line not adjacent to a street. A rear yard with a depth of not less than 25 percent of the lot depth.is required, with Dot less than__2,5-feet permitted Qr moreJhan 40 feet required for the main building except as follows: Accessory buildings may be built not less than three (3) feet from any rear lot line not adjacent to a street. D. Double Frontage The building lines will prevail in lieu of rear yard requirements. In the instance of double frontage lots, the setback for garages and accessory buildings in a rear yard will be the same as for a front yard in the R-1 District area concerned. The owner of a double frontage lot may elect to front the principal building on either street on which the lot abuts, provided that the principal entrance to such building shall open on the street so selected. Where any such election is manifestly contrary to the established character or welfare of the neighborhood, the permit shall be referred to the Board of Appeals for approval or disapproval. 205.054. Building Requirements Building 1._Heiaht _ Requirements No building shall hereafter be erected,constructed, reconstructed,altered,enlarged, or moved, so as to exceed the building height limit of 30 iggtL :a ACc ��. . ,t;. BIOS• I5 1) 30 / 2. Minimum Floor Area A. For lots having a 9,000 square foot lot area and a 75 foot lot width, and for lots resulting from lot splits having less than 9,000 square feet and/or less than the 75 feet lot width, the minimum gross floor area of a single family dwelling shall be not less than 1,020 square feet of finished floor area per dwelling unit, provided that: 205-9 205.055 1) A ones'tory single family dwelling unit of three bedrooms or less shall have a minimum of 1,020 square feet of livng area. 2) A single family dwelling unit consisting of two full stories above grade shall have a minimum of 1,020 square feet of first floor area, at least 768 square feet of which shall be living area and the dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. 3) A single family dwelling unit of a split level design of three bedrooms or less shall have a minimum of 1,020 square feet of living area in the upper two levels. 4) A two story dwelling unit of the split entry design of three bedrooms or less shall have a minimum of 768 square feet of gross floor area in each of the upper two levels provided: a. The dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. b. The finished floor level of the upper story is not more than six feet above grade. 5) A two story dwelling unit having the upper story situated wholly or partly in the roof space provided: a. The gross floor area of the first story above grade shall be not less than 864 square feet. b. Each bedroom located in the upper story shall have a minimum of 120 square feet of floor area. c. The dwelling shall have a garage attached thereto having a floor area not less than 252 square feet. B. For lots less than 9,000 square feet', the dwelling shall have a first floor area of not less than 768 square feet exclusive of accessory buildings or an attached garage. C. In double bungalows the minimum total first floor area shall be 1,400 square feet, and the minimum living area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage. 205.055. Parking Requirements Parking 1. Parking Ratio Requirements At least one off-street parking stall shall be provided for each dwelling unit. ?.__Garage Requirements A. All lots having a minimum lot area of 9,000 square feet shall have a minimum of a single stall/garage. B. .For lots resultingfrom lot_splits having less than the 75 foot lot width shall have a minimum of a single .attached__garage. 3. General Provisions A. A properly maintained hard surface driveway is required for each dwelling unit with a garage. B. A gravel or similar type driveway must be properly maintained for each dwelling unit without a garage. Special attention should be made to keep this material from accumulating in the street. C. The required parking stall shall not occupy any portion of a required front yard. 4. Existing Facilities All existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to Section 205.055, Parking Requirements, Paragraph 3, General Provisions, by January 1, 1974. 205-10 205.061 1 205.056. Landscaping Landscaping 1. Grade Requirements A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: A. The minimum elevation of finished ground grade is to be not less than 1/4 inch rise per horizontal foot of setback measured from curb grade. B. The maximum elevation of the finished ground grade to be not more than 48 inches above the established curb grade. C. A different finished ground grade may be established upon application therefor for approval by the City Engineer's Office of the City If such different elevation is found not to adversely affect surface drainage to or from adjoining property. D. The City Engineer may specify a minimum finished ground grade for any structure in order to allow proper connection to City Utilities. 2. Site Improvements A. Sodding and.-IandscapLnq__to extend across the entire front yard and side yards, B. The boulevard, and rear yard are to be properly maintained. 3. Maintenance It shall be the owner's responsibility to see that the landscaping is maintained in an attractive and well kept condition. 205.06. R-2, R-2A DISTRICT REGULATIONS �' �� R-2, R-2A District Regulations 205.061. Uses Permitted Uses 1. Principal Uses Permitted A. R-2 Two Fancily Dwelling Districts 1) Two family dwellings 2) One family dwellings 3) Agriculture, including farm, truck gardens and orchards, but excluding animal and poultry raising. 4) Churches, parish houses and convents ,2vs-:.y 5) Townhouses, under the conditions stated in the townhouse development section 45=4. B. R-2A Double Bungalow Districts Two family dwellings only; on same level adjacent to one another and not above or below other dwellings. Except for restrictions noted, the provisions applicable to the R-2A District are otherwise the same as in the R-2 District. 205-11 CITY ol+ F-RIOLCY, SUBJECT ; M1NNF-S0TA COMM? APPLICATION RFvsF=Uv 21 tJeporin I/U isi liumUrrtJr � ¢rrfrstc ; U npprRove'dby Out 1=1LE NO/ AOORES FILE E! � COMPLETE REVIEW CHECKLIST 1G001-41-��Qt/o %yam RETURN TO PLANNING ouc 71Y. C:'OMNIENTS lkllo��CIS� Rd jtNv 6v �'• 0 �� Us, p oKblc 8uh tiP x 9 a/ow J*Aesa are Q ll A.od st al�n f q �lo we b 5.0. V. el T_ • %s -•-r-i r >.4",. S-- -..t3 ' �-'4 r�.Y '� ��X�.: a 2 =�. - - � -os r -r G .r?sr �,,:_: ! tL _ . � -�`�' A:9 )2._.$��...-4-i��;.Y�r'"•`- '� °ri:a�n ....�•�x - r�.,% rs-' '„�..' L. s -., a`s•. - ` - .. . i` r i m r• 4'•'t-v "L. ..�.�.,•,k r '}".•.•1 �i 2 ,,T x e t •�- ��.�-f r..r�(•'�•• {b L. _�` -.ri M At ram+. 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'x•.r ' S Vie^ t ♦ '7" +r .f r E- 7, r ^.r > y s�. ,i +..� a �,.A7 "^; a <wK..'AK,+`•3,''G y,'•';: '- !:K'{•. it' '- S"'# �ar+' t+aP'7..- ; 7C fT...: `:.-: 'fit,• .x s, R•.= 'i •'+ �i .:'ii 4r.E �.ht"!,r`S:•i r �r,S-•-• x rr t' .y r ,.,.,t �Ca K s ' �"• y l' r 'X,jc•ja' s, ✓''C•' �' •4't': > .• • -..dFin.�-w•ti.Yi A:..r-��.K1fS.e. _f 'T• �'^`u: i-. <.' r 'y�:c '.3. •S+„+j •r�"^ t `�f'Sii�C..�':�d r r t 311 16 S _ #81-0 eigh Investments •f M� '. ` + `Q 7, Dlez,\in - 31 Osborne Way--.-N.E. go ' J - ••t, l r• / j , 1' •" `tom`'" 5 6° % 4 0 s 1 s` - 4 w 15�� ,�,��• to j, `� �Q �� 1,, � �,�,.�• 14 �• �jos'o .. �, � -� 0�5 ,�� w1 ,s1 �,� q� u b '�R f�` �j�r pr�' �� o �•�t,�rs o,, •'•�.` O �a��!•'-two- 8-Srt �"Yr-:� :.. -^-C_;t��'r`� 16Ll .. R ter-" • � ` ,`�. ►�" �. 2 t .3 4. 1 IM 2 .) ., t 8 7 ,, �� •.t...X42 , 21 n , i 1 •.. f- a S 1t! Ily 1 ,\ 4 E3, 36 24 .,c,• 1h�. pn . - } `•7,C f�� ' b � a �.� ccp ♦� l�p� r� `r.M� ..w 1\{�11 A s o' A% 73 65 ' t '� XI ri•� t t , c" �,�c(,moi.+.% t` 18 v ;; �•'� ,,i y • 115 38 ?3:�6 ��'• '1 °:+ -�' Lr`�f rq • Lsr 't��.. dt `734 C, rX 7335 9 •r. �!4 :135 �Z3 f^9 '-��. U ,,, `�•:T �� . - /O ' 159 t-5 GLEN C REQ K FD. cr. `�q •' ,.;p-, :_ F-.•I �Tz 10) it �•1 G►�sJC.;�� '• A _: o •'. =i �.'. � , s•.. 7321 -4A PLANNING COMMISSION MEETING, APRIL 22, 1931 PAGE 7 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMISP #81-05 BY LEIGHI,r1VE`ST_m[_fTTS INC. Per Section 205.051 , 3, Fridley City L t L-4nn of a duple>, in P-1 7011ina (,inale family C) 777 ruc4 Lc i !c'rra c C s h 7 77 1 I.T -D .1-1' h 7 IS T,7-'f D PUB TC !j-':4TU:7 0 )i C, 1,V'S A OPEN AT 8:50 P.M. Mr. Boardman stated the proposal was for a duplex to be built on the corner of East River Road and Osborne Way. He stated this meets all the requirements for lot size and setbacks. He stated the petitioner is. in the audience. Mr. Harris asked Mr. Doyle if he wished to make a statement. Mr. Doyle stated' that on two separate occasions on this particular lot, they have had single family homes sold and on both occasions when it came to obtaining financing, the lending agents declined to provide financing because the lot is on heavily traveled streets. In order to get the lot developed and done in a manner consistent with what the neighbors would like to see in this area, they are proposing a duplex design that from the outside has the appearance of a single family home. They v.,ould like to get a buyer who would be able to begin with a small family and would eventually utilize the whole home. The upstairs floor plan is identical to the home next door. All they have done is taken that same floor plan and duplicated it downstairs and provided an entry way, a small laundry, and an entry way area. In addition to that, they have supplied two single car attached garages to provide the garage and parking facilities necessary. Mr. Boardman stated that he just realized that a three-car garage is required for R-2. Mr. Les Watkins, 40 Osborne Way, stated that due to the fact that this lot is on East River Road and traffic is heavy and the fact that they are unable to get a single family dwelling on this lot, he would like to see the Planning Commission approvethisduplex, rather than see some other kind of usage of this lot later on. Mr. Harold Overvig, 30 Osborne Way, stated he lives next door to the lot. lie would like to see something on this lot; and if they cannot have a single family home, he would not object to a duplex, provided Mr. Doyle gets a family or a couple to buy the property and live in it and rent out the second apartment. Mr. Harris asked Mr. Doyle if he planned on fencing or having a barrier along East River Road. Mr. Doyle stated he probably would have to because of the noise level on East River Road. The problem is interfacing the fence with the bike easement. PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 8 • .Ms. Diann Norfolk, 36 Talmadge Way, stated they bought their home in August 1980, believing that the area was all privately owned homes. She stated that Mr. Doyle has stated he plans to get a family to buy the duplex and eventually take over the entire home, She stated that would be fine, but supposing the other side of the duplex is empty for six months or more, then there are more reasons for vandalism and wild parties. She recently moved from a duplex and knows the numerous problems with transient people and the poor upkeep of the dwelling. There is not the feeling of a total community once there are transient neighbors. She did not think this duplex was what they needed in their neighborhood. Mr. Doyle stated he felt that if they get a buyer who is the owner-occupant,the owner is going to have as much pride in the property as the rest of the people in the neighborhood. He also plans to make the duplex affordable. MOTION BY MS. HUGHES, SECONDED BY MR. WHARTON, TO CLOSE THE PUBLIC HEARING ON SP #81-05 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:15 .P.M. Ms. Hughes stated that this plan as drawn seems to be very appropriate for this neighborhood and gives the apperance of a single family dwelling. She stated. she liked the arrangement in trying to control noise by having the garage on the street side. She did not see any disadvantages to the proposal at all . MOTION BY MS. HUGHES, SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP #81-05, BY LEIGH INVESTMENTS, INC.: PER SECTION 205.051, 3, D, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREAS) , ON LOT 4, BLOCK 2, LEIGH TERRACE, THE SAME BEING 20 OSBORNE WAY N.E., ACCORDING TO BUILDING PLAN, EXdIBIT A, WITH THE FOLLOWING STIPULATIONS: 1. THAT IT MEETS THE 10,000 SQ. FT. REQUIREMENT FOR DUPLEXES 2. THAT UTILITY, DRAINAGE, AND BIKEWAY EASEMENTS ARE PRESERVED 3. THAT THE THIRD GARAGE IS PROVIDED. UPON A VOICE VOTE, HARRIS, SVANDA, HUGHES, VAN DAN, AND WHARTON VOTING AYE, GABEL VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. Gabel stated she has no problem with this plan, but she voted nay because of her opposition to spot rezoning. 4. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVEST- MENTS, INC. : Per Section 205.051 , 3, D, of th-e—Fridley City Code, to a-n ow the construction of a duplex in R-1 zoning (single family dwelling areas) on Lot 3, Block 1 , Leigh Terrace, the same being 31 Osborne Way N.E. MOTION BY MR. SVANDA, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON SP #81-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 9:25 P.M. PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 9 Mr. Boardman stated this lot was across the street from SP #81-05. This lot is not 10,000 sq. ft. which is required and would require a variance if the special use permit is approved. The proposal is also for a duplex which is set up with a double garage. It would also require an additional third stall . It will meet the setback limitations. Mr. Doyle stated that this is the same idea as SP #81-05 but with a different plan. The house is specially designed for this lot. He stated they were trying to accom- plish the same thing with this dwelling and they were doing it for the same reasons as the previous proposal . He stated he would like to address the issue of the lot size requirement. He believed that when the lot was platted, the City had taken into account the St. Paul Waterworks property as green area in the back and that it was considered the same as a 10,000 sq. ft. lot. Mr. Boardman stated he would check the records regarding this . Mr. Les Watkins, 40 Osborne Way, stated he was in favor of this proposal for the same reasons he had stated for the previous proposal (SP #81-05) . Ms. Jan Dean, 65 - 75th Way N.E. , stated that on this particular corner, there is a bus stop and the area is essentially level . It is an interesting piece of land, and now Mr. Doyle wants to put a two-story duplex in there. She thought this- was going back to spot rezoning. She did not have any real objections to the duplex going in across the street, but she did have problems with this proposal as she did not like to see another spot rezoning when there is going to be so many variances. After checking the City records, Mr. Boardman stated that the plat was approved by the Planning Commission in 1975 with the condition that they get written easement from St. Paul Waterworks. There was a letter of agreement from the Water Dept. of St. Paul dated April 15, 1976, that would allow the use of the St. Paul Waterworks property as a portion of lot size with conditions. The City Council approved the plat on May 17, 1976, and because of the agreement, it brings this lot to over,the required 10,000 sq. footage. MOTION BY MS. HUGHES, SECONDED BY MS. GABEL, TO CLOSE THE PUBLIC HEARING ON SP #81-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:42 P.M. Ms. Hughes stated this plan may be the only way this lot can be used, but it did not have the advantages of the other lot as far as the buffering of noise from East River Road and as far as screening East River Road from the living rooms. She stated that at this point, she could not approve this request as she was not sure this was the structure they wanted to see and she was not convinced this was the right use for that property. MOTION BY MS. HUGHES TO CONTINUE THE REQUEST FOR SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVESTMENTS, INC. , AND ASK THE PETITIONER TO COME BACK WITH A BETTER DESIGN FOR THE LOT. I PLANNING COMMISSION MEETING, APRIL 22, 1981 PAGE 10 MOTION DIED FOR LACK OF A SECOND. MOTION BY MR. WHARTON, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVESTMENTS, INC. , PER SECTION 205.051, 3, D, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUC- TION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREAS) , ON LOT 3, BLOCK 1, LEIGH TERRACE, THE SAME BEING 31 OSBORNE WAY N.E. , WITH NO STIPULATIONS. Ms. Gabel stated she felt the third car .garage stipulation should be added to the motion, because of the traffic problems on East River Road. If there was any parking in the street, there could be even more problems. Ms. van Dan stated she was concerned about trying to squeeze a lot of building onto a small piece of property. Ms. Gabel stated she objected because this was ,again, spot rezoning. The house is an atrocity, and the neighbors seem more opposed to this structure. UPON A VOICE VOTE, SVANDA AND WHARTON VOTING AYE, GABEL, HUGHES, AND VAN DAN VOTING NAY, AND HARRIS ABSTAINING, CHAIRMAN HARRIS DECLARED THE MOTION FAILED BY A VOTE OF 3-2. MOTION BY MS. VAN DAN, SECONDED BY MS. HUGHES, TO TABLE THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVESTMENTS, INC., PER SECTION 205.051, 3, D, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREAS) , ON LOT 3, BLOCK 1, LEIGH TERRACE, THE SAME BEING 31 OSBORNE WAY N.E., AND TO REQUEST THE PETITIONER TO RECONSIDER THE DESIGN OF THE DUPLEX. UPON A VOICE VOTE, HARRIS, VAN DAN, HUGHES, AND WHARTON VOTING AYE, GABEL AND SVANDA VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 4-2. 5. PUBLIC HEARING: - ZONING REQUEST, ZOA #81-03, BY JOHN R. DOYLE: Rezone from R- single family " ing areas to R-3 genera mu tip e family dwellings), Lot 78 and 79, Block 2, iverview Heights , so that all the property under one ownership are the same zo ' g, to allow the construction of two (2) 4-unit dwellings , being addressed a 391 -93-95-97 Hugo and 401-03-05-07 Hugo Street N.E. MOTION BY MS. HUGHES, SECONDED BY MR. NDA, TO OPEN THE PUBLIC HEARING ON ZOA #81-03 BY JOHN R. DOYLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN H IS DECLARED THE PUBLIC HEARING OPEN AT 9:55 P.M. Mr. Boardman stated that he and Mr. Doyle have discus d the potential for develop- ment for this area. They discussed several possibilitie Mr. Doyle is proposing two 4-unit dwellings . Mr. Boardman stated it was his recon endation that the parking be put between the two structures . This would buffer he noise and traffic situation from the single family homes. He stated Mr. Doyle ha pplied for a variance on lot size. The City will be requesting bikeway easemen within the property area itself. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 6, 1981 CALL TO i r .. -ri s c '1 ed _ m!eiy 65 190 i , Pl ann;n Ca s s i on mei 'i nc too order Members Present: Mr. Harris, Ms, Gabel , Mr. Svanda, "ir. Oauist, Ms. Hughes, Ms. vanian, 11r. Whary--117 Members Absent: None Others Present: Jerrold Boardman, City Planner John Doyle, 6305 East River Road Ray Price, 77 - 75th Way N.E. James Fisher, 45 - 75th Way N.E. Robert Varhol , 55 - 75th Way N.E. Jan Dean, 65 - 75th Way N.E. APPROVAL OF APRIL 22, 1981 , PLANNING COMMISSION MINUTES: MOTION BY MS. VAN DAN, SECONDED BY MS. GABEL, TO APPROVE THE APRIL 22, 1981, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, .ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . TABLED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY EEIGH INVESTMENTS, INC. : Per Section 205.051 , 3, D, of -the-Fridley City Code, to allow the construction of a duplex in R-1 zoning (single family dwelling areas) on Lot 3, Block 1 , Leigh Terrace, the same being 31 Osborne Way N.E. MOTION BY MR. OQUIST, SECONDED BY MR. SVANDA, TO REMOVE THE REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVESTMENTS, INC. , FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MS. GABEL, SECONDED BY MR. OQUIST, TO REOPEN THE PUBLIC HEARING ON SP #81-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING REOPENED AT 7:40 P.M. PLANNING COMMISSION MEETING, MAY 6, 1981 PAGE 2 Mr. Boardman stated that at the last meeting, the Planning Commission tabled this request and requested the petitioner to come beck with a redesinn of the str jctcre. He statea V r. Doyle, tlne , .. 4ition::r, � a > in th,l aisdiEnce to 4ns:,er questions. ~E' st-nted this ne-o desicliic- ets he i-_tipl 1 r,,=, remen . Mr. Doyle stzted that thio rr,,%, pian was red,_'signer to p cvi le thte - to , l rcc!uiY'e- „. nt. Actua" ! , tr_rH iS td'i . and �'; sic;iT Gi. _.i Sl v'C° _ gal i5 or. the other side. He again explained that the reason for reQuestinq this special use perm i - i S becai_:se on tvto sed urate_ ,cc,;;Zi ons , thcy have _inc]e fa~.i 1Y homes sold on that corner lot, and both times the lenders were reluctant to pro- vidE finan-inr,. the lenders Gid not feel iha+ corder vias pr�'^u �eatlC!l for a single family home. He stated he is planning on doing some fencing along East River Road to provide 'a buffer to this property. Mr. Harris asked if there was anyone in the audience who wished to speak to this item. Mr. Robert Varhol , 55 - 75th Way N.E. , stated Mr. Doyle has two houses in that area already. If he puts in another house, it will create a fire hazard as the houses are too close together. He has one house that has been there for two years and hasn 't been sold yet. Ms. Jan Dean, 65 - 75th Way N.E. , stated it seemed strange that financing was impossible to get for a single family dwelling because of the noxious fumes and heavy traffic on East River Road, and instead of one family being subjected to those conditions, it seemed preferable to put two families in there. She stated when Mr. Doyle purchased this property, he knew East River Road was there with its various problems. The lot is very small and did not meet the minimum code requirements for what is needed to build a duplex. At the last Planning Commission meeting, there was some discussion about the fact that the St. Paul Waterworks property in the back could be considered part of this property and would meet the lot requirements. She showed the Planning Commission pictures she had taken of the lot. Mr. Ray Price, 77 - 75th Way N.E. , stated he was against the duplex. He stated there is already a little white house with a garage larger than the house, a large brown house, and now Mr. Doyle wants to squeeze in a duplex for two families. Mr. Jim Fisher, 45 - 75th Way N.E. , stated he lives right across the street from this lot. After Mr. Doyle puts in a fence, there is going to be only about 10 ft. from the front door to the fence. The big brown house has no yard. He thought it would be a blight to the neighborhood to try to jam another building into this small area. Any people visiting that duplex would have to park in front of their homes as there would not be any room to park on the lot. Mr. Doyle stated he is before the Planning Commission with a special use permit request. The lot is a buildable lot. He did not know what bearing the other houses has on this project. fie is trying to work with the neighborhood to build PLANNING COMMISSION MEETING, MAY 6, 1981 PAGE 3 something that is going to look nice in the neighborhood, but he is having trouble gettir^ a nice looking single family home sold and financed on that lot. He is b .ter able to buil; ren..a1 property, aecause the lending agents ' rules are di« erect on rental property. Mr. Price statcd that ' . Mr. Doyle was lookirt^ -Fn- thrl he_t th4nr for tite nei-^bor- hood, then he woulc n •. build a duplex, becau. e tete ne ighu i n:, _ dues not wa??t it. A single family home would be fine. ' Ms. Dean stated she felt the issue of the other houses was germane to the issue, because the;- live there.. At the last meeti-ris "Ir. Doul e had s+c1.ed he would, vry to get an owner occupant in that duplex. She would challenge the members of the Planning Commission to consider whether they would want to be the owner occupant of a duplex in this location. She stated there are three lanes of traffic on Osborne Way. There would not be any place for parking so close to the intersection, and the traffic light stands right on the property. Mr. Oquist stated he was looking at the other side of the issue. He understands the problem with having affordable housing and what young people are paying today to buy a home. Affordable housing is just not available anymore. Cities have to provide some kind of affordable housing for people,yet everybody is opposed to having it across the street from them. Ms. Hughes stated there are two considerations here, and they covered them in their last meeting: (1 ) the relationship to the St. Paul Waterworks property that gives the petitioner a buildable lot and could be revoked; and (2) what is the difference between rezoning and a special use permit in terms of the burden of proof? Mr. Harris stated that with a rezoning, -it is encumbent upon the petitioner to show cause why the property should be rezoned. With a special use permit, which this request is , it is encumbent upon the City to show cause why the special use permit should be denied. So, if this request is denied, the Planning Commission must give substantial reasons for that denial . Ms. Hughes stated she would like to remind the Planning Commission members and the audience that they are dealing with a special use permit to allow a two-family dwelling unit in a single family dwelling area. If the permit is granted, it amounts to about the same as a rezoning. Ms. Hughes asked Mr. Doyle if he had considered having two lots instead of three lots. It would require moving some houses, but would give the large brown house more yard area and would provide a larger lot to get the building farther back from East River Road. Mr. Doyle stated he has considered that, but in looking at the economics of it, it is just too hard to just take down houses. c PLANNING COMMISSION MEETING, MAY 6, 1981 PAGE 4 Mr. Boardman stated again that because of a special agreement with the Water Department of St. Paul that would allow the use of the St. Paul Yat rviQrks property as ? ji;' O1i ',i ct si.. tn,,s 1 u meets the Iot Yc-'.a,ui '! 4ii;t,i �`_ } c' i :v'Y.. T('L' C�' '197c' ' `"t'' - _. :F� 'rpt c.ti�cn �» the -ev-:eu,' ?n2 iut 1};2� s p i l l but+i a 5r b t&Jse of h a i"Oval of the rt''r " ^I� ? _.Y R: n 5. _.:!_,7r,, TO CLOSE ThE FUEL= Hf:'z=Rll'� ON SP ?to1-06 BY L7_0.17 UPON A VOICE VOTE, ALL VOTING AYE, CFAIPL A : I:.;: ZIS DECD, ED THE PUBLIC HEARING CLOSED AT 8:28 P.M. Ms. Hughes stated that because this lot is so small and is located off East River Road, it seems to create a lot of problems in terms of noise and vehicle exhaust emissions which would concern her about having anyone live there. It also seems out of character with the rest of the neighborhood which is single family. Since there are going to be some bikeway easements along East River Road, it seems the smart thing to do is deny the special use permit, and maybe the time will come when a single family home can be built on the lot. The special use permit seems to be a way around rezoning at this time and that did not appeal to her. Ms. Gabel stated she agreed totally with Ms. Hughes. The neighborhood is all single family and this is not compatible or desirable. Ms. van Dan stated she also agreed with Ms. Hughes. There is a lot of traffic in that area. She was also concerned about a two-story building obstructing the view of southbound traffic on East River Road. If fence or bushes were put in along the lot, she would also be concerned about the eastbound traffic on Osborne Way seeing the southbound traffic coming down East River Road. MOTION BY MS. HUGHES, SECONDED BY MS. GABEL, TO RECOMMEND TO CITY COUNCIL DENIAL OF A REQUEST FOR A SPECIAL USE PERMIT, SP #81-06, BY LEIGH INVESTMENTS, INC. : PER SECTION 205.051, 3, D, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A DUPLEX IN R-1 ZONING (SINGLE FAMILY DWELLING AREAS) ON LOT 3, BLOCK 1, LEIGH TERRACE, THE SAME BEING 31 OSBORNE WAY N.E., FOR THE FOLLOWING REASONS: 1. THE ADVERSE ENVIRONMENTAL IMPACTS ON THE LOT FROM NOISE AND VEHICLE POLLUTION. 2. THE DANGERS OF TRAFFIC FROM A DRIVEWAY AND MULTIPLE CARS AT THAT LOCATION. 3. IT IS OUT OF CHARACTER WITH THE NEIGHBORHOOD. Ms. Hughes stated it was very obvious that the noise levels along East River Road could be very high at certain times during the day. It is an extremely busy road and when the bridge across the river is built in Coon Rapids,. particularly if there is access onto East River Road, that would make East River Road as busy as University Avenue. UPON A VOICE VOTE, HARRIS, VAN DAN, GABEL, HUGHES, AND WHARTON VOTING AYE, SVANDA AND OQUIST VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED BY A VOTE OF 5-2. PLANNING COMMISSION MEETING, MAY 6 , 1981 PAGE 5 Mr. Harris stated that SP #81-06 would go to City Council on May 18. 2. LCT SP T REQUEST: -na ^ BY JOHN P,. D^YLE: Split off the Eest 8 st�?� (.o* 14 and add to Lot 13. ai 1 it ti" 1c,' Part; 1v:i, to :iu ._ a b4-"t fable lot after' ;l_ feet o Lot 12 is t. !'en by ''i'i 1t:u County, ttie 5a.Me beino, 6301 mast river Road N.E. ('hr. Baal~c „: n Stat the reason for the lot spl ;t request is primari lv bcceuse of a court case that i coir,g c ricnow in Ano 1:a County, The property is located on East River kc—ad s ~th of '1i_sissippi . Anoka County is presently acquiring property for expansion of East River Road. The County is planning on taking 32 ft. f 4"on, Lo-t i%. The Cou rt i s contend i rg that k::a'� i s bei ny l of i s a:+tual l v a buildable lot. The only ay to make that determination and make that a buildable lot is through a lot split rocess. Mr. Doyle is before the Planning Commission and the City Council to see 'f the lot split will be granted. If the lot split is granted, then it is a buil able lot. The existing house is located on Lots 13 and 14. Mr. Boardman stated that by addin the 9 feet, then with the lot split the present lot would have a 57 ft. width and a 132 ft. depth and is 7,524 sq. ft. By code with the lot split, it is a buildabl lot. The remaining lot has a 71 ft. frontage and 9,372 sq. ft. Mr. Boardman stated the question before e Planning Commission and City Council is: Will the Planning Commission and Cit Council approve a lot split request? This area was platted before 1955 where a 1 t cannot be less than 50 ft. , but can be less than 60 ft. would would require 7,50 sq. ft. Mr. Harris stated that if Mr. Doyle cannot get financing to build a single family home on the lot on Osborne Way and East River Ro how did he think he could do it on this lot? Mr. Doyle stated he did not know. The lot does meet he requirements . What might be favorable on a lot that size is to be excused from aving a garage in order to make the home affordable. Mr. Harris stated that from a community standpoint and wha would be best'fior the City would be for the County to acquire the whole 80 ft. to so there is adequate open space between the highway surface and the residential ar a. Acquiring pieces of property here and there has been done all the way up East R ver Road, causing road surfaces to be too close to dwellings and driveways and acc sses too close to East River Road. Mr. Boardman stated he felt if this lot split request is denied, th e should be something in the record that states if the County does acquire this p operty, this property be tied together in some way with Lot 13 so the 48 ft. would t go tax forfeit. If anyone tries to sell Lot 12 off from Lot 13, they would the require a lot split. He is very concerned about having a 48 ft. lot that may eve tually go tax forfeit. ' 135 1 REGULAR MEETING OF MAY 4, 1981 PAGE 14 i j Mr. Flora d the Planning Commission recommended approval with the stipulation tha driveway be removed, when the present garage is converted to living sp R IlION by Co un Fitz:"a4rick the r co:^ f t cu ti h e� ,.en ation c he t .r aria �, C. Se ?. ,, .:a t rz 7 wztn ;Tie it <ta -s:': c'. F+` thi Present G -ene is t bt 3 _ tr,at t'.. Pr_Sent c. :vewa}' 1 Ye t^tr4'P.0 I by ,,, n a aai vctin, : ' �r Nec .+�-lared 7 Cf' o —tt: USI rT-Y-17. ttTO AILOW • lit ,c hT Mr. Flora, Public WarksDirector, stated this property is located just west I of Ea—, R-ye, •'3ad a _st,crnf. 0rn,e Ncy ;*:f' 2C4 he stated there I currently is single family housing located around the parcel. Mr. Flora stated the special use permit is requested to allow construction of I 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-1 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. 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 /I I and felt the Council had been quite consistent in recommending against such special use permits in.a solid R-1 area. i .. i F lJb ' REGULAR MEETING OF MAY 4, 1981 PAGE 15 MOTION by Councilman Fitzpatrick to deny special use permit, SP #81-05 based upon the fact that an R-2 developmenL would be incompatible with the surrounding property. Seconded by Councilman Schneider. UPON A ROLL CALL VOTE, Councilman Ftizpatrick and Councilman Schneider voted in favor of the motion. Mayor Nee, Councilman Barnette and Councilwoman Moses voted against ' the motion. Mayor Nee declared the motion failed. MOTION by Councilwoman Moses to grant special use permit, SP #81-05. Seconded by Councilman Barnette. UPON A ROLL CALL VOTE, Councilwoman Moses, Councilman i Barnette and Mayor Nee voted in favor. Councilman Fitzpatrick and Councilman Schneider voted against the motion, MAYOR NEE DECLARED THE MOTION FAILED AS j A FOUR-FIFTHS VOTE WAS NECESSARY FOR THE MOTION TO CARRY. t MOTION by Councilman Schneider to direct staff to draft an ordinance to the existing zoning to delete special use permits for duplexes in an R-i zone. Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneiders Councilman Barnette, Mayor Nee and Councilman Fitzpatrick voted in favor of the motion. Councilwoman Moses voted against the motion. Mayor Nee declared t the motion carried by a 4 to 1 vote. APPEALS COMMISSION MINUTES OF APRIL 14, 1981: 7 D REQUEST FOR VARIANCE TO INCREASE HEIGHT OF WALL SIGN, SHOREWOOD t SHOPPING CENTER 6225 HIGHWAY 65, BRIDGET M. RUD FOR DOUG'S TV i AND APPLIANCE: I( MO Councilman Schneider to concur with the recommen& of the Appeals C issio nd grant the variance to increase the height of wall sign from hrI to fou feet on an approved sign plan for Shorewoo hopping Center, located on pa el 1500, Auditor's Subdivision No. 88, a same being 6225 Highway #65 N. . Seconded by Councilwoman Moses. pon a voice vote, all voting aye, May Nee declared the motion carrie nanimously. ROTION by Council an Fitzpatrick to receive a minutes of the Planning Commission Meeting of April 22, 1981. Sec ded by Councilman Schneider. Upon a voice vote, 11 voting aye, Mayor lee declared the motion carried : unanimously. RECEIVING CATV MINUT OF APRIL 9 1981: A CONSIDERATION OF OTION PURCHASE EQUIPMENT IN AN AMOUNT NOT TO A EXCEED $2,100: 1 MOTION by Councilwoman es to receive the minutes of the Cable Television jCommission Meeting of pr 91 1981. Seconded by Councilman Schneider. Upon is voice vote, voti aye, Mayor Nee declared the motion carried t unanimously. Mayor Nee as d about the C ission's request to purchase port-a-pak equipment. Mr. Qu _phi, City 'onager, pot n= out tney are in the red fear where these fun would have to be taken. euck,ey st!i.,em !;ort-a-pak uNt at `ire litrary is easy to overate. however, scine 7f the equipment they I't;�Ve availabie for public access is a tt,,e -e In "cerate, He s4 ?u thLare ;:Ve been times ween one - addlit.io �cr:^_- J:t ,4t i:.. ?.._?iy and `%erU' ':5 a For It. 1 EL 3ct1^vn was taken 1y the Cowcil on ypr Nee asked if t"rJJn�li >!i5 t"id o crjrside�'�.'!a Lable Television Corp1S5i0n`5 ma;ior, to hire tours; l for tate refrancnising. +e i I I5� REGULAR MEETING OF MAY 18, 1981 PAGE 3 - 3 RECEIVING PLANNING COMMISSION MINUTES OF MAY 6, 1981• CONSIDERATION OF REQUEST FOR SPECIAL USE PERCTSP #81-06 TO LLOW ., r t`.ayor Nez_: state.: the nes r£t.:d'Y:nded denial of tiffs vecial lase pf.rri- to a11o4 a zlp:cX- ii: an R-1 +.0:':e. M,-, F J•orc, in ti-�- Pr S1Riyi T "?' Y hUA'e5 or, tn'ee ..ic-es ai G�'i;:ar�:i t,.;rQ"' y alo.^.. St k' =er Road, however, the developer has found it is easier to obtain financing to fE+`" iGa tris property as a C`uGiex, raLner" than _'•nuie family Home 'rind is t: Cor-+__ p - r,.,.,.. „ L•ut'dln� t0 hair.._ two :umiFlies, with sufficient r�Lesit-- = .,... off-street parking. Mr. Flora stated, at the Planning Commission puolic hearing, lour ireighbors were present and voiced comments against this request for a special use permit. The Planning Commission recommended denial of the special use permit because they felt there would be adverse environmental impacts on the lot from noise and vehicle pollution; .the dangers of traffic from a driveway and multiple cars at that location; and it is out of character with the neighborhood. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission for denial of the special use permit, SP #81-06, based on the same criteria cited by the Commission, as follows: (1) The adverse environmental impacts on the lot from noise and vehicle pollution; (2) The dangers of traffic from a driveway and multiple cars at that location; and (3) It is out of character with the neighborhood. Further, there were also objections by the neighbors at the public hearing before the Planning Comission. Seconded by Councilman Schneider. Mr. Doyle, the petitioner, felt this would provide a buffer for the single family homes in the area. He pointed out the people who would face the front of this building didn't have a great deal of objection, and those speaking against it, lived on 75th Way. Mr. Doyle stated he is a firm believer in providing affordable housing for people, and in today's market, it is harder than ever. Councilwoman Moses stated probably the reason people objected to double bungalows was concern for the type of people that may be renting the units. She felt because of the amount of rent, the units would probably be taken care of by those who could afford to live there. Mr. Doyle stated he has the same type of duplex in his neighborhood in New Brighton and they are located on Mississippi about one block west of Silver Lake Road. Councilwoman Moses felt putting a single family home on that lot didn't make much sense, but theneighbors in the area are objecting and it makes it difficult to vote for when there are objections. Councilman Fitzpatrick stated one point made was it would make a bad situation worse to put a relatively large building on this lot. Mr. Doyle pointed out that FHA has turned down loans for single family homes. on those lots because of the high noise level and noxious fumes. UPON A ROLL C-P&L VOTE TAKEN ON THE ABOVE MOTION, Councilman Ftizpatrick, Councilman Sechneider, Councilwoman Moses, and Councilman Barnette voted in favor of the motion. REGULAR MEETING OF MAY 18, 1981 PAGE 4 i Mayor Nee voted against the motion. Mayor Nee declared the motion carried unanimously by a 4 to 1 vote. 3 *� CONS ERATION OF REQUEST FOR LOT SPLIT, LS #81-04, TO MAKE BUILDABLE LOT 01 EAST RIVER ROAD, JOHN R. DOYLE: Mr. Flora, P lic Works Director, stated the property is on East River Road, east of 63rd d involves three parcels, Lots 12, 13, and 14, Fridley Park Addition. Mr. Flora stated he County is purchasing 32 feet from Lot 12 for additional right-of-way .`or t e East River Road improvement, and the request is to split off the east 8 feet of Lot 12 and the west 9 feet of Lot 14 to add to Lot 13. He stated the County is contending, with the lot splits, there would be a 57 foot buildable lot fo development. W. Flora stated the re on for this lot split is to determine if, in fact, there is a buildable lot or the remaining property. He pointed out, with the lot split, the lot wo d be 57 feet wide by 132 feet deep, with 7,524 square feet. The remainin lot would have a 71 foot frontage and 9,372 square feet. Mir. Flora stated if the lot sp it request is denied, there should be something in the record that states if th County does acquire this property, this property be tied together in som way with Lot 13 so the 48 feet would not go tax forfeit. Mr. Flora stated the Planning Commi ion recommended denial of this request for the lot split for the follwoing asons: (1) It is inconsistant with the neighborhood; (2) It isa cornerlot wh h is really too small and too close to a busy highway; (3) Tha traffic proble that could be generated by driveways so close to East River Road; and (4) Th adverse environmental impacts from f noise and vehicle pollution. Mr. Doyle, the petitioner, stated the probl m is that the County only wants to take 32 feet and is saying to him he has a buildable lot and all he has to do is ask for a variance. He stated the to split was requested so they would have the necessary total square footage nd buildable space. Councilman Fitzpatrick stated he is inclined to gree with the Planning , Commission that this lot split would create a sma 1 lot very close to the highway and force building too close to the highwa because of the size of the lot. - MOTION by Councilman Fitzpatrick to concur with the r ommendation of the Planning Commission and deny the request for a Lot Spl , #81-04, for the following reasons as cited by the Planning Commission: 1) It is inconsistent with the neighborhood; (2) It is a corner lot which is r ily too small and too close to a busy highway; (3) The traffic problem that ould be generated by driveways so close to East River Road; ana (4) The aave e environmental impacts from noise and vehicle pollution. Seconded by Coun ilmen Barnette. Coun,�tittlan . arnette stated "e is a:-lare o:' another of on East Iver Road wil`:,e t'ho sa!-1`,2 .)i ies dnd where ,he County came ?r vAth an 'eytrerfily low uffe'r'. `. _ t. _.....:ty s prct;_,I file L h a hi8 site, but _rie C' is nu•r saying t; ey cr. Jing to 1� a b "Id on ._. i.'T! i N "t:^ nmr UfU<- A . ...r `�'~c -.c;Eh, 0 .,•r 4s. :E '1(}7IO;J, all voted aye, and ;,�:ay r Nee deciared`the s.otion carried unanimoulsy. STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Leigh Investments, Inc. , ) Plaintiff, ) } STIPULATION OF DISMISSAL _v s. ) The City of Fridley, ) File No. Defendant. ) The above-entitled matter having been brought by Plaintiff, the Defendant having answered the Complaint, and there having been discovery commenced in this action, it is now the desire of both parties to reach a stipulated agreement in this matter y and to resolve by this stipulation all matters between the parties that concern the subject matter of the instant lawsuit. The parties hereto stipulate and agree as follows: 1. That the City of Fridley shall forthwith grant a special use permit and a building permit to Plaintiff for construction of a duplex dwelling unit at 20 Osborne Way N.E. , legally described as Lot 4 , Block 2, Leigh Terrace. Said duplex shall be constructed in accordance with the plans and specifications presently on file with the City of Fridley. 2. Plaintiff, Leigh Investments, Inc. , shall give up its claim for the construction of a duplex dwelling at 31 Osborne Way N.E. , legally described as Lot 3, Block 1, Leigh Terrace, and agrees hereby to dismiss its claim with regard to said Lot 3, Block 1 , Leigh Terrace. 3. Both parties agree that, in consideration of the above, they shall enter into this Stipulation of Dismissal and are forever barred from further litigating the merits of the instant action. Dated this. 7TH day of JUNE 1982. LEIGH INVESTMENTS, INC. CITY OF FRIDLEY: (2 / -/ By: By: ohn . DoyleC , 7desid6ent J By: /(/ ,