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SP81-06 25 if CITY 0P FF4101..E?Y, :; 1u,1ECT <� F;431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT ��{{ J FRIOLGY, M55 '1 N. 432 (62).571-.37l 450 SP #'MIA ADDRESS—3 1 Q S F30P-IJF VV, DATE PLANNING COiiMISSION: P.H. DATE `' APPROVED DISAPPROVED DATE 4122/8J _ NO 4 CITY COUNCIL: P.H. REW D �� DATE_ NO CITY COUNCIL: APPROVED DISAPPROVED '/ DATE 3111,F191 NO_ , STIPULATIONS: NAME_ C o!�/S,�EL7-MbE st1--5 ,✓e— FEE_1 �5"-� RECEIPT NO ,�25Y/ STREET LOCATION OF PROPERTY- . s A LEGAL DESCRIPTION OF PROPERTY 0 T -3 B 0ex-- PRESENT x--PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY Vogc oar- /O1- ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT nPa.�,Fp U5 f !s u1acsP,- ti 7// C AL F,q.g 141oDF��yd8ef gg,.JG R n/G�� Mic y FR4nl7 le Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? no. { What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and .attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, .and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE SIGNATURE ' I CANT ADDRE:SS_C��S fR5 ?- �Y�P �cl, . TELEPHONE NO (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#91-05,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 P HARRIS CHAIRMAN PLANNING COMMISSION (April 8&15,1981)-FRID 23 PUBLIC HEARING BEFORE THE PLANNING COMMISSION i NOTICE ish�reby 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 request for a Special Use Permit, SP #81-06, by Leigh Investments, Inc. , per Section 205.051 , 3, D, 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. Any acid 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 7T 3 i BWNE -- /� 3 v./ ,7 r COON RAPIDS ' L SP #81---05 Leigh Investments �• --- - Duplex in R-1 o`" (_ 20 Osborne Way N.E. 1w. :� , ® �®- LocAT10N1 AkLLLL F ©.a SPRING LAKE PARK I©..e.,aluuuu�l1 65 lay, Y N.. , L4Yyu (FiMa) (IriM1) S rr • 8 - 8 - 5; j W 6 /q U> � N 'Z t Lon¢ T qyy 2 88> Y©¥Lorra � • [. d . �® („ - C= Ak c•�� L.R. �cu, u i : �� ©W � ��. •1 ° r a . L7771Y ; nn 694 ��Irr4AlYa,� .•ABY IALp� [ COLUMBIA HEIGHTS o�rna Ix.c�l _ `.LD E STREET MAP-CITY OF •x000 FRIDLEY Lnn[ ,.» rw..nw J 0 3,333 6,666 2 2 [[[ y Ava. 7 / I�411 .or.wH. 1 yl ( i ANOKA CO. HEMA PIN CO. Ili MOOKAPOLIS 3 I KAINE T C SP #81-06 Leigh Investment COON RAPIDS ` �.p.��`� �- Duplex in R-1 31 Osborne Way N.E ...�.�JL„411V r f It1..0 ,fill Eli SPRING LAKE PARK t ♦^� O/� �® � — IJULJLJ�IL�L�31s�1 T..iN. ( ®0LL[. u. 12e, w. c ,o JQ wwcta � 'V r Aw•o��•u.:� ' y Miry 1 La. 35 - AT �� • � W-0 U 6 � 111 wt �� — ® 7�IU� �_® 65 N✓r�� g t.�n Woo =aoa E3MK= 14 ff LIh a.. 691 �® I�/� ICY • Y'.iiiu:o�: Imo' UIIYY ♦• �g 694 o N. � n�111� AM�J� rC COLUAMIA ` K HEIGHTS ar.rr.. na rt 4 vru a� . �®a STREET MA_P-CITY OF U- L FRI DLEY MF-1 ..w rw..nr t J 0 3,333 6,666 L 1111111 G W � U _i 2 rt. 3 <1 ANOKA CO. /lam iiE111 PIN CO. 123 MINNEAPOLIS f 1 Planning Commission_ 4=7=81 24 Mailing List SP #81-06, Leigh Investments, Inc duplex in R-1 zoning, Lot 4, Block 2, Leigh'Terrace Mr. & Mrs. Dale Minar Mr. & Mrs. Predrag Filipovic 12 Talmadge Way N. E. 31 Talmadge Way NE Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Randy Hanson Mr. & Mrs. Theodore Benson 24 Talmadge Way N.E. 41 Talmadge Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Diane J. Norfolk and Mr. & Mrs. Walter Gay Glen Schmidt 7479 East River Road N.E-. 36 Talmadge Way N.E. Fridley, Mn 55432 Fridley MN 55432 Kunz Oil Company Mr. & Mrs. Mark Behlen R.O. Box 24091 48 Talmadge Way N.E. Mpls , Mn 55424 Fridley, Mn 55432 Geneva E. Duffy 60 Talmadge Way N.E. Fridley, Mn 55432 Kunz Oil Co 7449 East River Road N. E. Fridley, Mn 55432 Kunz Oil Co. 7451 East River Road N. E. Fridley, Mn 55432 Leigh Investments, Inc 6305 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. John McKay 7449 Talmadge Lane N. E. Fridley, Mn 55432 Mr. & Mrs. Lesley Watkins 40 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 ' S 205.02 7. BASEMENT: A story partly or w oily Gnderground. 8. BLOCK: That property abutting o one side of a street and lying between the two nearest intersecting or intercepting streets or nearest interse ting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity o6clevelopment 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: One or more rooms in a dwelling or apartment hotel designed primarily for occupancy by 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 f 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 4l5ths 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 9,000 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 'iHE R-1 ZONE BY DELETING SECTIONS 205.051-3D and 205.054-2C 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, 199, Publish: August19, 198-1 0014A/1361A y 4 3. No structure shall be erected,converted,enlarged, reconstructed or altered,and no structure or land shall be 205.05 used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. .� �4. Every building 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 nublic 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 9 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. 205.05. R-1 DISTRICT REGULATIONStNfl 1, �� l� R-1 District c �� Regulations 205.051. Uses Permitted \ �l, C ^>>� Uses 1. Principal Uses Ct�`l� Permitted A. One-family dwellings r0 205-6 ' 4 205.051 B. Agriculture, including farm, truck gardens and orchards, but excluding animal and poultry raising. C. Churches, parish houses and convents. �cJ Lit_ D. Townhouses, under the conditions stated in the Townhouse Development Section 45?2i. �`�i�, Z, Accessory Uses �y Ob L) 1, �,c•�v-{`...�`�,, " A. Private garages or other accessory buildings. Only one accessory building accessory-bLWdi . Q•vuj cLCC c k-2,J CYLLI .C�u i f�c..,q An v -Qt L:t�+�� /moi luLLiY , �� CtC1C` LU � C" �c�L ��C (C-�#AG�o1 ) 1l�c, uu2fD r1 B. Privately owned recrea ional facilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests. L�'Clo tt,tn� +tri C. Customary home occupations including rental of rooms for occupan;,y to not more than two persons per' C1lJ n Gl CJ��L ri� Cl, dwelling� unit. 11�41� tick JI�C, LL-1- 3. Uses Permitted With Special Use Permit A. Nurseries and greenhouses for the propagation_cultivation and growing of plants only. LuiceCLILY� 2t) L44"Cjuc{- L n� �� /770.E rL .�•1c 1.- B. Golf course, country club, yacht clubs, tennis courts, swimming pools and additional recreatio I 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 C minimum requirements: �aC-eClSw�D�AG� 1) Must conform with sf►sfe4d4ng-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 adder ionally a concurring vote of 4/5ths of the Council shall be r-^u'rert fns +hr 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 wail 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 ' S 205.052. Uses Excluded 205.053 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 ;p,aare ear 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_Covqraqe Not mole than 25percent 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. l Two side yards 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 f i 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. b l)y_r.ropy Guicjio-to 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. 5) Corner Lots a. The side yard width on a street side of a corner lot shall be not less than 17.5 fes,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 loss 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. s 6 Accessory buildings may be built no less than three (3) feet from any side lot line not adjacent to a street. _C....RoaLYarsi_ A rear yard with a depth of not less than 25 percent of the lot depth.is required, with not less than 25 feet permitted or more�han 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. Height _ Requirements No building shall hereafter be erected,constructed, reconstructed,altered,enlarged, or moved. so as to exceed the building height limit of 30 fge3,_ `'A. Ace . ZI-C.C- 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 1 t . 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. �. IN7 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 o 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 9,000 square feet shall have a minimum of a single stall gal rage. B. For lots resulting from I t-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. 205-10 205.061 205.056. 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__landscaping to extend across the entire front vard 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 a- � R-2, R-2A District Regulations 205.061. Uses Permitted Uses 1. Principal Uses Permitted A. R-2 Two Family Dwelling Districts 1) Two family dwellings 2) One family dwellings 3) Agriculture, including farm, truck gardens and orchards, but excluding animaf and poultry raising. 4) Churches, parish houses and convents 5) Townhouses, under the conditions stated in the townhouse development section 45=A. 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 ¢ 2+otey 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-nay 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 �; •ft !;.,,,;;;� Application Application for Special Use Permit shall be filed with the Zoning Adrrri ffw. 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. $ l C„ 205-fr o G� W 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 malted notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bonatide 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 205-66 205.212 provided for such violations under the provisions of chapter 901, of this code each and every day that such 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 greater 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. 71 205-69 l� HERRICK & NEWMAN , P.A. ATTORNEYS AT LAW 6279 UNIVERSITY AVENUE N.E. VIRGIL C.HERRICK DAVID P.NEWMAN FRIDLEY, MINNESOTA 55432 571-3850 April 28 , 1982 Mr . Nasim M. Qureshi City Manager Fridley City Hall 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: Leigh Investments, Inc . , vs . The City of Fridley Dear Mr . Qureshi: Enclosed please find a Notice of Taking Deposition of yourself, John Flora , Councilman Dennis L. Schneider , and Councilman Edward Fitzpatrick. I have talked to Mr . Jeffrey A. Carson and he has agreed to take the Depositions at the City Hall rather than in his office. We have also agreed that he will take the Depositions of John Flora and yourself on the morning of May 5 , 1982 , starting at 9 : 00 A.M . , and that we will then continue the Depositions to a later date for Councilman Fitzpatrick and Councilman Schneider . If this poses a problem for you or John, please advise me right away. Sincerely, VCH:JJH Virgil Herrick Enclosures DISTRICT COURT STATE OF MINNESOTA JUDICIAL DISTRICT COUNTY OF ANOKA Leigh Investments, Inc. , ) Plaintiff , ) NOTICE OF TAKING DEPOSITION VS. ) The City of Fridley, ) File No. Defendant. ) TO: Virgil C. Herrick, City Attorney, City 'of Fridley, 6279 University Avenue N.E. , Minneapolis, MN 55432 PLEASE TAKE NOTICE, That the deposition of Nasim Qureshi by oral examination will be taken before Teri J. Hill ' or any qualified notary public at 5901 John Martin Drive in the City of Brooklyn Center in the County of Hennepin State of Minnesota, on the 5th day of May 19 82 , 9. 00 o' clock a. m. , and thereafter by adjournment at until the same shall be completed. Dated: April 22 , 19 82 • Je 'r.eyi Ar Carson ` Plaintiff Attorney for 5901 John Martin Drive Brooklyn Center, MN 55430 Phone: 561-2600 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA !j'RNTFj JUDICIAL DISTRICT Leigh Investments, Inc. , ) Plaintiff, )' NOTICE OF TAKING DEPOSITION VS. ) The City of Fridley, ) File No. Defendant. ) TO: Virgil C. Herrick, City Attorney, City of Fridley, 6279 University Avenue N.E. , Minneapolis, MN 55432 PLEASE TAKE NOTICE, That the deposition of John Flora, Public Works Dire t r ' by oral examination will be taken before Teri J. Hill or any qualified notary public at 5901 John Martin Drive in the City of Brooklyn Center in the County of Hennepin , State of Minnesota, on the 5th day of May , 19 82 , at 9: 00 o' clock a- m. , and thereafter by adjournment until the same shall be completed. Dated: April 22 19 82 - J1 ey Zarson Attorney for Plaintiff 5901 John Martin Drive Brooklyn Center, MN 55430 Phone: 561-2800 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Leigh Investments, Inc. , ) Plaintiff, ) NOTICE OF TAKING vs. ) DEPOSITION The City of Fridley, ) File No. Defendant. ) TO: Virgil C. Herrick, City Attorney, City of Fridley, 6279 University Avenue N.E. , Minneapolis, MN 55432 PLEASE TAKE NOTICE, That the deposition of Dennis L. Schneider, Councilman by oral examination will be taken before Teri J Hill or any qualified notary public at 5901 John Martin Drive in the City of Brooklyn Center in the County of Hennepin State of Minnesota, on the 5th day of May , 19 82 , at 9 : 00 o' clock a- m. , and thereafter by adjournment until the same shall be completed. Dated: April 22 19 82 . Je rey A'. earson Attorney for `� Plaintiff 5901 John Martin Drive Brooklyn Center, MN 55430 Phone: 561-2800 r STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TFN'F'H JUDICIAL DISTRICT Leigh Investments, Inc. , ) Plaintiff , NOTICE OF TAKING DEPOSITION V5. ) The City of Fridley, ) File No. Defendant. ) TO: Virgil C. Herrick, City Attorney, City of Fridley, 6279 University Avenue N.E. , Minneapolis, MN 55432 PLEASE TAKE NOTICE, That the deposition of Edward Fitzpatrick, Councilman by oral examination will be taken before Teri J. Hill or any qualified notary public at 5901 John Martin Drive in the City of Brooklyn Center , in the County of Hennepin State of Minnesota, on the 5th day of May 19 82 at 9: 00 o'clock a- m. , and thereafter by adjournr..ent until the same shall be completed. Dated: April 22 19 82 - Je re y rson Attorney for Plaintiff 5901 John Martin Drive Brooklyn Center, MN 55430 Phone: 561-2800 CITY 07= FRIDLEY, SUBJECT M11Ut�1E90TA COtV MISE�SlOr .! 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("Co 024,3/ ;.� ,.• ..,: .S. I . •••• 7j. • R '-- - _- !36. 4... ..• 6 7 ie 24' o Zo774 N 92 50 � 4 N69'S9'O�'E , •• 8,.57 62 57 t- B1.S7 NB9'S9 DD"E 5 � �5 5� 82.57 B1.S7 7/B9 ' -76.7- _ TALMADGE WAY , x 0 8 60 32 = i2�.68 !' =125 f 67 go 3Z, x=21 ti �.8 �6 6) a � Y- s3 1 �868 zLs � � 7E X x p /�TflC �� = O 7SZ • 8 FT 2 JL • f i Nle 6g.39 3 � IN 2 .•• a • 4,'1777¢- '04: 77¢'04 o '••••. � ..-'•.,;.2 .�S��y �� l G h � ��3�� ,� � cs, per, •'•: '^ — _ S ~•. —77— . 92.51 257 61.57 /¢O NB9°S9 DD"� Is Sr �5 51 82.57 BZ.5 7 - 7e, 7- _ TALMADGE WAY , o... . .__. .v..__ - c✓ , �� Z 82 7 3 E•3 8 gc O¢. ILI �o = Col 6-/,�11 - SLzoo_ g FTz t J °32' 14 (f-/ f-5) o?. 2 5— D 2 S f- / � 7• 4' G x f-, o a7, 2S— O it fli A \o N Nj n I� N Aj VNI I � d W r � M K IL rO% i oe Z r PLANNING COMMISSIOPI MEETING, APRIL 22, 1921 PAGE 7 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMI KSP �481-05BY LEIGH INVESTMENTS, INC. : Per Section Fridley City Code, to a'flow t1 c 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. MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP ##81-05 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRI.AN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8:50 P.M. Mr. Boardman stated the proposal was for a duplex to be built on the corner of East River Read and Osborne May. 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 would 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 approve^this duplex, 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. He 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 %•.'ould have to because of the noise level on East River Road. The problem is interfacing the fence with the bike easement. • W 1 1881 PAGE 8 PLA`;ING. COMMISSION WETIf1G, APRIL ?_2, Norfolk, 36 Talmadge 4Jay, stated they bought tSherhome statedi thatgust Mr. Doyle Ms. Diann too privately owned home_ . believing that the area was all p supposing the other side of has stated he plans to get a family todbbe fine, butysupp eventually o take over the entire home. She stated that wool the duplex is empty for sA x months or tlymormovednfromra duplex rand eknows the vandalism and wild parties. She recently poor upkeep of tl�e dwelling. There numerous problems with transient people and the p t the feeling of a total community once thlnethertncicihborhood5hbors She �s no needed _ did not think this duplex was what they Doyle stated he felt that if they get a buyer who is the owner-occupant,the owner Mr. Y as the rest of, the people in the is . going to have as much pride in the property • neighborhood. He also plans to make the duplex affordable. MOTION BY P1S. HUGHES, SECONDED BY MR. WHARTON, TO CLOSE TIIE. 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. lan as drawn seems to be very appropriate for this Ms. Hughes stated that this p erance of a single family dwelling. Site stated she neighborhood and gives the app to control noise by having the garage on the street liked the arrangement in trying side. She did not see any disadvantages to the proposal at all . BY MS. VAN Dp1V, TO RECOMMEND TO CITY COUNCIL SECOlti'DED MOTION BY MS. HUGHES, pE1,1 Sp #81-05, BY LEIGH INVESTAfENTS, APPROVAL OF A REQUEST FOR , SPECIAL THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION • INC. : PER SECTION 205.051, 3r D, ILY LrO • BLOCK 2, OF A DUPLEX IN R-1 ZONING (SINGLEOSBORNEAYNEG,AACCiJDING TOTBUILDING PLAN, LEIGH TERRACE, THE SALE BEING 2 EX'iIBIT A, k'ITH THE FOLLOWING STIPULATIONS: IREIIENT FOR DUPLEXES 1. THAT IT MEETS THE 10,000 SQ. FT. REQU 2. THAT UTILITY, DRAINAGE, AND BIKE[4AY EASEMENTS ARE P F:S::'RVED 3. THAT THE THIRD GARAGE IS PROVIDED. LABEL UPON A VOICE VOTE, HARRIS, SVANDA, HUGHES, VAN DAN, AND IMARTOA' VOTING AYE, VOTING NAY, CHAIRMAN HARRIS DECLARED THE' P10TI0N CARRIED BY A VOTE OF 5-1. o�le1 with this plan, but she voted nay because of Ms. Gabel stated she has no pi' her opposition to spot rezoning. BY LEIGH INVEST- HEARING: Rr.QUEST FOR A S{'ECTAL USE PEIiPiIT,__S�' j-'011-061`O�t____to SOW 4. PUBLIC ,____-_< <:- l), o the -F r- ��1 cy City hiLiliS, I��C. : E'eTSecl;ion ZU�.Us1 , ') sync le family 1welling areas) on the construction of a duplex it' R-1 z0v"T19 (. Lot 3, slack 1 , Leigh Terrace, the sauce being 31 Osborne lyay H.E. 1•f02'�I'O V 13Y PR. SVANDA, SEGUNDT;D 13Y PIS. G11BI:L, 7,0 01,1,N i'iIE PUBLIC HEARING O\' SP BY' LT:IGiI IPM>,S'TFJI NTS, INC. UA' FCA VOICE VOTE, ALL VOi'IIvG AYE, CItRIIL'f?iN IIA121�15 llF:C:LV:I;i� '1'ii'•: PUBLIC HEARING OPEN AT 9:25 P.1•i. 135 i REGULAR MEETING OF MAY 4, 1981 PAGE 14 I j Mr. Flora stated the Planning Commission recommended 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 Commssison 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. l ►`1 'ry CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP 081-05, TO ALLOW CONSTRUCTION OF DUPLEX IN R-1 ZONING, 20 OS80RNE 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 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 i R-1 zone and perhaps this should be a rezoning request. He felt Mr. Qureshi's it 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 and felt the Council had been quite consistent in recommending against such special use permits in.a solid R-1 area. 3 1Jfi 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 development 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 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-1 zone. Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneiders Councilman Barnette, Mayor Nee and Councilman Fitzpatrick voted in favor of f the motion. Councilwoman Moses voted against the motion. Mayor Nee declared 1 the motion carried by a 4 to 1 vote. ' APPEALS COMMISSION MINUTES OF APRIL 14, 19a1: 7 D REQUEST FOR VARIANCE TO INCREASE HEIGHT OF WALL SIGN, SHOREWOOD SHOPPING CENTER 6225 HIGHWAY 65, BRIDGET M. RUD FOR DOUG'S TV i AND APPLIANCE: 1 MOTI Councilman Schneider to concur with the recomnendat' of the Appeals i C issio nd grant the variance to increase the height of wall sign from hree 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 flee declared the motion carrie nanimously. • { MOTION by Council an Fitzpatrick /rea minutes of the Planning Commission Meeting of April 22, 1d by Councilman Schneider. Upon a voice vote, 11 voting ayeeclared the motion carried unanimously.RECEIVING CATV MINUT OF APRIL 9 F? A CONSIDERATION OF OTION PURCHASE EQUIPMENT IN AN AMOUNT NOT TO EXCEED $2,100: i MOTION by Councilwoman es to receive the minutes of the Cable Television Commission Meeting of pr 1 9, 1981. Seconded by Councilman Schneider. Upon a voice vote, voti aye, Mayor Nee declared the motion carried unanimously. Mayor Nee as d about the C ission's request to purchase port-a-pak equipment. Mr. Qu shi, City Manager, point out they are in the red from where these f fun would have to be taken. r. Buckley stated the port-a-pak un't at the library is easy to operate, however, some of the equipment they h ve available for public access is a little more difficult to operate. He s ted there have been times when one additional port-a-pak would help immens y and there is a need for it. No action was taken by the Council on this quest. Mayor Nee asked if Council wished to consider the Cable Television Commission's motion to hire couns2lfor the refranchising. 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" 57+.]f•.�i'• .gq�r'F^�:.' g*•f :,.�T 3 _ .>7.-<a•4, t�" fir,j`�'',r -a''�' q� rti'e f"'.l fi.S+JJI `:,. �1" . .rte' +. •�- ' `'OL.,,,]L-.Fri`.,,ys� z�'' "` .",.¢t'�1" � :2.•''.rr 'a'^jt� ;ck:F ' ;c''�t ?'G,fKy,` ••y`�Y,• �-.j£• xs` a%.Je ms'}{µ } •`, ;cy,'r a .+_..... c7"=r...•`�.« i;`�.r' ;:' 13' ,.-.r�e+. •i.•y"<';t-i-F^'s 't;' T. �i ti+ �{at^ •+,#,,",t..'-^�-s..'`r,-• .J+.fr �<.. t-�ft�� a4r at i•'S'�" „#'. �.t a. .i +?r. rr,l�r ".st '•'�.t s * "t�'yt�"i' �L;« :' + -��t ' rt. i- `sR. .r.�� i.wr�tr 5.- +'�.�...%-••'t . ..,.^-:r.��•r-!'L•�•;.L•.+iy+�x"i �.-._::+ <,..-'•s:�.:*-T.•r-t ti. . .<n�•' !.. <f."�3,:f`:_.. t s....'r�t_L°,h.:�r.^r;.�'`'..r�._;ti...`:''.,��c. 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 #f81-05 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 . O 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, EXHIBIT 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, b, of the FriGley City Co e, to a 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 #181-06 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 RS. 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. 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 #181-06, 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: REZONING REQUEST, ZOA #81-03, BY JOHN R. DOYLE: Rezone from R- single family dwelling areas to R-3 (general mu tip e family dwellings), Lot 78 and 79, Block 2, Riverview Heights , so that all the property under one ownership are the same zoning, to allow the construction of two (2) 4-unit dwellings, being addressed as 391-93-95-97 Hugo and 401-03-05-07 Hugo Street N.E. MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON ZOA #81-03 BY JOHN R. DOYLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 9:55 P.M. Mr. Boardman stated that he and Mr. Doyle have discussed the potential for develop- ment for this area. They discussed several possibilities. Mr. Doyle is proposing two 4-unit dwellings . Mr. Boardman stated it was his recommendation that the parking be put between the two structures. This would buffer the noise and traffic situation from the single family homes. He stated Mr. Doyle has applied for a variance on lot size. The City will be requesting bikeway easement within the property area itself. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 6, 1981 CALL TO ORDER: Chairman Harris called the May 6, 1981 , Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Mr. Harris, Ms. Gabel , Mr. Svanda, Mr. Oquist, Ms. Hughes, Ms. van Dan, Mr. Wharton 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 UE-1—CH INVESTi•IENTS, 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. NOTION BY M. 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 NOTION CARRIED UNANIMOUSLY. NOTION BY DIS. GABEL, SECONDED BY MR. OQUIST, TO REOPEN THE PUBLIC HEARING ON SP #81-06 BY LEIGH INVESTAENTS, 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 back with a redesign of the structure. tie stated Mr. Doyle, the petitioner, was in the audience to answer questions. fie stated this new design meets the 3-stall requirement. Mr. Doyle stated that the new plan was redesigned to provide the 3-stall require- ment. Actually, there is a stall and one-half on one side and two stalls on the other side. He again explained that the reason for requesting this special use permit is because on two separate occasions, they have had single family homes sold on that corner lot, and both times the lenders were reluctant to pro- vide financing. The lenders did not feel that corner was the proper location 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. Ile 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. lie is trying to work with the neighborhood to build PLAINNING COMMISSION MEETING, MAY 6, 1981 PAGE 3 something that is going to look nice in the neighborhood, but he is having trouble getting a nice looking single family home sold and financed on that lot. He is better able to build rental property, because the lending agents' rules are different on rental property. Mr. Price stated that if Mr. Doyle was looking for the best thing for the neighbor- hood, then he would not build a duplex, because the neighborhood does not want 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 they live there. At the last meeting, Mr. Doyle had stated he would try 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. Pts. 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. 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 Waterworks property as a portion of lot size, this lot meets the lot requirements for a duplex. The City Council approved the plat on May 17, 1976 . He stated that even if the special use permit was revoked, the lot was still buildable because of the approval of the plat. MOTION BY MS. -HUGHES, SECONDED BY MS. GABEL, TO CLOSE THE PUBLIC HEARING ON SP 1181-06 BY LEIGH INVESTMENTS, INC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED 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 PEPVXT, SP #81-06, BY LEIG11 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 SAh1E BEING 31 OSBORNE WAY N.E. , FOR THE FOLLOWING REASONS: 1. THE ADVERSE ENVIRONMENTAL IMPACTS ON THE LOT FR011 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 NEIGIIBOPJ100D. 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. LOT SPLIT P.EOUEST: L.S-. #81-04 , BY JOHN R. DOYLE: Split off the East 8 eetof Lot 12, and split off the West 9 feet of Lot 14, and add to Lot 13, a in Fridley Park Addition, to make a buildable lot after 32 feet of Lot 12 is taken by Anoka County, the same being 6301 East River Road N.E. Mr. Boardm stated the reason for the lot split request is primarily because of a court cas that is going on right now in Anoka County. The property is located on East River oad south of Mississippi . Anoka County is presently acquiring property for ex nsion of East River Road. The County is planning on taking 32 ft. from Lot 12. Th County is contending that what is being left is actually a buildable lot. Th only way to make that determination and make that a buildable lot is through a lot split process. Mr. Doyle is before the Planning Commission and the City Council see if the lot split will be granted. If the lot split is granted, then it is buildable lot. The existing house is located on Lots 13 and 14. Mr. Boardman stated that by dding the 9 feet, then with the lot split the present lot would have a 57 ft. width nd a 132 ft. depth and is 7,524 sq. ft. By code with the lot split, it is a bui able lot. The remaining lot has a 71 ft. frontage and 9,372 sq. ft. Mr. Boardman stated the question be re the Planning Commission and City Council is: Will the Planning Commission and ity Council approve a lot split request? This area was platted before 1955 where lot cannot be less than 50 ft. , but can be less than 60 ft. would would require 500 sq. ft. Mr. Harris stated that if Mr. Doyle cannot g t financing to build a single family home on the lot on Osborne Way and East River oad, how did he think he could do it on this lot? Mr. Doyle stated he did not know. The lot does me the requirements . What might be favorable on a lot that size is to be excused fro having a garage in order to make the home affordable. Mr. Harris stated that from a community standpoint and wl t would be best for the City would be for the County to acquire the whole 80 ft. 1 so there is adequate open space between the highway surface and the residential a ea. Acquiring pieces of property here and there has been done all the way up East 'ver Road, causing road surfaces to be too close to dwellings and driveways and ac sses too close to East River Road. Mr. Boardman stated he felt if this lot split request is denied , the e should be something in the record that states if the County does acquire this p perty, this property be tied together in some way with Lot 13 so the 48 ft. would n go tax forfeit. If anyone tries to sell Lot 12 off from Lot 13, they would then require a lot split. He is very concerned about having a 48 ft. lot that may even ally go tax forfeit. REGULAR MEETING OF MAY 18, 1981 PAGE 3 3 RECEIVING PLANNI14G COMMISSION MINUTES OF MAY 6, 1981- 3 A CONSIDERATION OF REQUEST FOR SPECIAL USE PER T SP #81-06 TO LLOW A DUPLEX IN R-1 ZONING, 31 OSBORNE WAY, LEIGH VESTMENTS C.: Mayor Nee stated the Planning Commission has recommended denial of this special use permit to allow a duplex in an R-1 zone. Mr. Flora, Public Works Director, stated in this area there are essentially single family homes on three sides and commercial property along East River Road, however, the developer has found it is easier to obtain financing to develop this property as a duplex, rather than a single family home and is proposing to construct a building to house two families, with sufficient off-street parking. Mr. Flora stated, at the Planning Commission public hearing, four neighbors 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, tt 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 these lots because of the high noise level and noxious fumes. UPON A ROLL CALL 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 Mayor Nee voted against the motion. Mayor Nee declared the motion carried sas by a 4 to 1 vote. 3 CONSIDERATION OF REQUEST FOR LOT SPLIT, LS #81-04 TO MAKE BUILDABLE LOT, 6301 EAST RIVER ROAD JOHN R. DOYLE: Mr. Flora, Public Works Director, stated the property is on East River Road, east of 63rd and involves three parcels, Lots 12, 13, and 14, Fridley Park Addition. Mr. Flora stated the County is purchasing 32 feet from Lot 12 for additional right-of-way for the 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 for development. W. Flora stated the reason for this lot split is to determine if, in fact, there is a buildable lot for the remaining property. He pointed out, with the lot split, the lot would be 57 feet wide by 132 feet deep, with 7,524 square feet. The remaining lot would have a 71 foot frontage and 9,372 square feet. Mr. Flora stated if the lot split request is denied, there should be something in the record that states if the County does acquire this property, this property be tied together in some way with Lot 13 so the 48 feet would not go tax forfeit. Mr. Flora stated the Planning Commission recommended denial of this request for the lot split for the follwoing reasons: (1) It is inconsistant with the neighborhood; (2) It is a cornerlot which is really too small and too close to a busy highway; (3) Tha traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Mr. Doyle, the petitioner, stated the problem 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 lot split was requested so they would have the necessary total square footage and buildable space. Councilman Fitzpatrick stated he is inclined to agree with the Planning Commission that this lot split would create a small lot very close to the highway and force building too close to the highway because of the size of the lot. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and deny the request for a Lot Split, #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 really too small and too close to a busy highway; (3) The traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Seconded by Councilman Barnette. Councilman Barnette stated he is aware of another lot on East River Road where the same situation applies and where the County came in with an extremely low offer. He stated the County is probably saying the owners have a buildable site, but the City is now saying they are not going to let them build on it. UPON A VOICE VOTE TAKEN ON THE A80VE MOTION, all voted aye, and Mayor Nee declared'the motion carried unanimoulsy. 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'-ilii j�Cr_;. 2O „►'.' ` t` 2 � •,N 1'•'� /` `I`^ '� :V - L !1 (/•' ♦!7 IF'M -)may _ ` � W) �v. err� `+S ,�2 ' ,• `� 1 2 ``.,:Y� ~`�, �i V.e2 0 Ila .t � i` r..- � •.. ..�� _ owl ` jate r •. 12 • Ij i�y ` r i` `QO f { :o. �J t �� t' 7365owl �.• � ' All „� � r tij r%� � �:•' �c` � psi t r,r!i�!i .:� C� r '`1' 7 f' , i e' 1 E.f/r.snin ••• w 1:11 i �,.'� •r� 1IS 736 ` • s' LAr. a Sri.OL. . E�t `734v � ` 733 t- s1 1 R r)�s� /U �' 9 4147 t 'SY 1�3 !^4 =1�. S i ' i. 1591 / . r GLE C REEK RD. -tt• �: 10 14 �•ow. 7321 2 ��1�► �� '• _ " oma _ _•. 3 1 t , ; '• t �'`� a � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 6, 1981 CALL TO ORDER: Chairman Harris called the May 6, 1981 , Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Mr. Harris, Ms. Gabel , Mr. Svanda, Mr. Oquist, Ms. Hughes, Ms. van Dan, Mr. Wharton 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 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. MOTION BY 1R. 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. i i 1 � s PLAN14ING 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 back with a redesign of the structure. He stated Mr. Doyle, the petitioner, was in the audience to answer questions. He stated this new design meets the 3-stall requirement. Mr. Doyle stated that the new plan was redesigned to provide the 3-stall require- ment. Actually, there is a stall and one-half on one side and two stalls on the other side. He again explained that the reason for requesting this special use permit is because on two separate occasions , they have had single family homes sold on that corner lot, and both times the lenders were reluctant to pro- vide financing. The lenders did not feel that corner was the proper location 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. lie is trying to work with the neighborhood to, build { r PLANNING COMMISSION MEETING, MAY 6, 1981 PAGE 3 something that is going to look nice in the neighborhood, but he is having trouble getting a nice looking single family home sold and financed on that lot. He is better able to build rental property, because the lending agents ' rules are different on rental property. Mr. Price stated that if Mr. Doyle was looking for the best thing for the neighbor- hood, then he would not build a duplex, because the neighborhood does not want 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 they live there. At the last meeting, Mr. Doyle had stated he would try 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. Y _ PLANNING COMMISSION MEETING, MAY 6, 19£31 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 Waterworks property as a portion of lot size, this lot meets the lot requirements for a duplex. The City Council approved the plat on May 17, 1976 . He stated that even if the special use permit was revoked, the lot was still buildable because of the approval of the plat. 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 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. r REGULAR MEETING OF MAY 18, 1981 PAGE 3 3 RECEIVING PLANNING COMMISSION MINUTES OF MAY 6, 1981 3 A CONSIDERATION OF REgUEST FOR SPECIAL USE PER T SP #81-06 TQ�ALLOW A DUPLEX IN R-1 ZONING, 31 OSBORNE WAY, LEIGH IALVESTMENTS C. : Mayor Nee stated the Planning Commission has recommended denial of this special use permit to allow a duplex in an R-1 zone. Mr. Flora, Public Works Director, stated in this area there are essentially single family homes on three sides and commercial property along East River Road, however, the developer has found it is easier to obtain financing to develop this property as a duplex, rather than a single family home and is proposing to construct a building to house two families, with sufficient off-street parking. Mr. Flora stated, at the Planning Commission public hearing, four neighbors 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, ft 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 CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Ftizpatrick, Councilman Sech.neider, Councilwoman Moses, and Councilman Barnette voted in favor of the motion. jc?C) REGULAR MEETING OF MAY 18, 1981 PAGE 4 Mayor Nee voted against the motion. Mayor Nee declared the motion carried unanimously by a 4 to 1 vote. 3 *? CONSIDERATION OF REgUEST FOR LOT SPLIT, LS #81-04, TO MAKE BUILDABLE UU LOT, 6301 EAST RIVER ROAD, JOHN R. DOYLE: Mr. Flora, Public Works Director, stated the property is on East River Road, east of 63rd and involves three parcels, Lots 12, 13, and 14, Fridley Park Addition. Mr. Flora stated the County is purchasing 32 feet from Lot 12 for additional right-of-way for the 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 for development. K''r. Flora stated the reason for this lot split is to determine if, in fact, there is a buildable lot for the remaining property. He pointed out, with the lot split, the lot would be 57 feet wide by 132 feet deep, with 7,524 square feet. The remaining lot would have a 71 foot frontage and 9,372 square feet. Mr. Flora stated if the lot split request is denied, there should be something in the record that states if the County does acquire this property, this property be tied together in some way with Lot 13 so the 48 feet would not go tax forfeit. Mr. Flora stated the Planning Commission recommended denial of this request for the lot split for the follwoing reasons: (1) It is inconsistant with the neighborhood; (2) It is a cornerlot which is really too small and too close to a busy highway; (3) Tha traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Mr. Doyle, the petitioner, stated the problem 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 lot split was requested so they would have the necessary total square footage and buildable space. Councilman Fitzpatrick stated he is inclined to agree with the Planning Commission that this lot split would create a small lot very close to the highway and force building too close to the highway because of the size of the lot. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and deny the request for a Lot Split, #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 really too small and too close to a busy highway; (3) The traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Seconded by Councilman Barnette. Councilman Barnette stated he is aware of another lot on East River Road where the same situation applies and where the County came in with an extremely low offer. He stated the County is probably saying the owners have a buildable site, but the City is now saying they are not going to let them build on it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared-'the motion carried unanimoulsy. °..,�e� m� M-. 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ROLL CALL: MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick MEMBERS ASSENT: None PROCLAMATIONS: NATIONAL PUBLIC WORKS WEEK - MAY 17-23, 1981: OLDER AMERICANS MONTH - MONTH OF MAY, 1981: Mayor Nee stated there are two proclamations which he proposes for the Council's consideration and adoption, one is to proclaim the week of May 17 through 23, 1981 as National Public Works Week and the other is to proclaim the month of May, 1981 as Older Americans Month. MOTION by Councilman Schneider to approve and adopt the proclamation proclaiming the week of May 17 through 23, 1931 as National Public Works Week. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried o ca reed unanimousl . Y MOTION by Councilman Fitzpatrick to approve and adopt the proclaimation proclaiming the month of May, 1981 as Older Americans Month. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked that these proclamations be circulated to the persons who had requested them. APPROVAL OF MINUTES: REGULAR MEETING, MAY 4, 1981: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. , ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 1980-1, ST. 19_80-2 AND ST. 1980-3 TABLED FROM THE MAY 11 1981 HEETING : fir. Qureshi , City Manager, stated a question was raised by Mr. Dave Harris, at the last meeting, on the assessment of 81st and Rancher's Road. Mr. Qureshi stated detailed information, which they requested, was provided to them and even though he wasn't completely satisfied, Mr. Harris indicated he wouldn't object to the assessment. , 154 REGULAR MEETING OF MAY 18, 1981 PAGE 2 i Mr. Qureshi stated another item there may be a question on is the assessment i to Burlington Northern for the improvement of Ashton Avenue. He stated there is a representative of the railroad present this evening, however, requested this item be tabled to later in the meeting until the arrival of the City Attorney since he has been in contact with Burlington Northern regarding i this matter. I MOTION by Councilman Fitzpatrick to postpone this item to later in the agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimoulsy. NEW BUSINESS: Cs; CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR JUNE 8 1981 TO DELETE DOUBLE BUNGALOWS IN R-1 ZONING: Councilwoman Moses stated the Community Development Commission made some recommendations regarding the special use permit and asked how deleting double bungalows in an R-1 zone will differ from the special use permit. Mr. Qureshi , City Manager, stated if Councilwoman Moses is pointing out that the proposal to delete double bungalows in an R-1 zone is contrary to the recommendation of the Community Development Commission, she is correct. I! Councilman Schneider felt the recommendation from the Community Development Commission could be considered in conjunction with the reviewal of the R-1 zoning code. i Councilwoman Moses felt the recommendation from the Community Development Commission had some good guidelines for taking a single family home and using it for two family occupancy. MOTION by Councilman Fitzpatrick to set the public hearing for June 8, 1981 . tegarding, the amendments to chapter.205 zoning code of the City of Fridley i including the deletion of double bungalows in an R-1 zone. Seconded by Councilman Schneider. Councilwoman Moses felt if there is a public hearing now and the double bungalows are deleted, this would never get back in the code. She stated there is a need for additional housing units and this special use permit process is a way of obtaining affordable housing in Fridley, and she is not comfortable with taking it out of the code. Councilman Fitzpatrick stated the same end result would be accomplished under a rezoning request. Mayor Nee stated, speaking for himself, he thought there should be room for accommodation, but felt something should be spelled out on how the accommodation should proceed. Councilwoman Moses asked why the Council couldn't take the quidelines proposed by the Community Development Commission. Mayor Nee stated it really addressed conversions, and not double bungalows. Councilman Fitzpatrick stated even if the guidelines of the Community Development Commission were followed, it wouldn't solve the problem faced by the Council and they would still be in the position that double bungalows are allowed with a special use permit, and it is incumbent on the Council to make the case for denial. i UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Schneider, Councilman Barnette and Mayor Nee voted in favor of the motion. Councilwoman Moses voted against the motion. Mayor Nee declared the motion carried-u*&n4ffleut+y by a 4 to 1 vote. I I I • __ _ • i..,a3 REGULAR MEETING OF MAY 18, 1981 PAGE 3 3 RECEIVING PLANNING COMMISSION MINUTES OF MAY 6, 1981: 3 A CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #81-06 TO ALLOW A DUPLEX IN R-1 ZONING, 31 OSBORNE WAY, LEIGH INVESTMENTS, INC. : Mayor Nee stated the Planning Commission has recommended denial of this special use permit to allow a duplex in an R-1 zone. Mr. Flora, Public Works Director, stated in this area there are essentially single family homes on three sides and commercial property along East River Road, however, the developer has found it is easier to obtain financing to develop this property as a duplex, rather than a single family home and is proposing to construct a building to house two families, with sufficient off-street parking. Mr. Flora stated, at the Planning Commission public hearing, four neighbors 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 these lots because of the high noise level and noxious fumes. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Ftizpatrick, Councilman Sech.neider, Councilwoman Moses, and Councilman Barnette voted in favor of the motion. REGULAR MEETING OF MAY 18, 1981 PAGE 4 Mayor Nee voted against the motion. Mayor Nee declared the motion carried tjjby a 4 to 1 vote. 3 J3 CONSIDERATION OF REQUEST FOR LOT SPLIT, LS #81-04, TO MAKE BUILDABLE LOT, 6301 EAST RIVER KUAU, JOHN R. DOYLE: Mr. Flora, Public Works Director, stated the property is on East River Road, east of 63rd and involves three parcels, Lots 12, 13, and 14, Fridley Park Addition. Mr. Flora stated the County is purchasing 32 feet from Lot 12 for additional right-of-way for the 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 for development. M4,. Flora stated the reason for this lot split is to determine if, in fact, there is a buildable lot for the remaining property. He pointed out, with the lot split, the lot would be 57 feet wide by 132 feet deep, with 7,524 square feet. The remaining lot would have a 71 foot frontage and 9,372 square feet. Mr. Flora stated if the lot split request is denied, there should be something in the record that states if the County does acquire this property, this property be tied together in some way with Lot 13 so the 48 feet would not go tax forfeit. Mr. Flora stated the Planning Commission recommended denial of this request for the lot split for the follwoing reasons: (1) It is inconsistant with the neighborhood; (2) It is a corner lot which is really too small and too close to a busy highway; (3) Tha traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Mr. Doyle, the petitioner, stated the problem 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 lot split was requested so they would have the necessary total square footage and buildable space. Councilman Fitzpatrick stated he is inclined to agree with the Planning Commission that this lot split would create a small lot very close to the highway and force building too close to the highway because of the size of the lot. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and deny the request fora Lot Split, #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 really too small and too close to a busy highway; (3) The traffic problem that could be generated by driveways so close to East River Road; and (4) The adverse environmental impacts from noise and vehicle pollution. Seconded by Councilman Barnette. Councilman Barnette stated he is aware of another lot on East River Road where the same situation applies and where the County came in with an extremely low offer. He stated the County is probably sating the owners have a buildable site, but the City is now saying they are not going to let them build on it. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared'the motion carried unanimoulsy. 7-1 t, REGULAR MEETING OF MAY 18, 1981 PAGE 5 3 n CONSIDERATION FOR SPECIAL USE PERMIT AUTHORIZATION OF TWO-FAMILY V DWELLINGS IN R-1 TERIA RECOMMENDED BY C0mMUNTIY DEVELOPMENT COMMISSION : MOTION by Councilman Fitzpatrick to direct staff to bring back this item at the same time the Council considers the R-1 zoning. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to receive the minutes of the Planning Commission Meeting of May 6, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4-:CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 219 OF THE CITY CODE ENTITLED CONVERSION CONDOMINIUM LICENSING: Mayor Nee felt one of the main concerns is there has to be a responsible organization to handle the common areas and this isn't addressed in the proposed ordinance. Mr. Flora, Public Works Director, stated this ordinance only addresses the preliminary notification to the City that an owner wants a conversion to a condominium. Mr. Qureshi , City Manager, stated staff would check into the item regarding maintenance of the common areas, with a report back to the Council. MOTION by Councilman Barnette to table this item to the Conference Meeting on June 22, 1981. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5 RECEIVING CHARTER COMMISSION MINUTES OF THE MEETING OF APRIL. 7, 1981: MOTION by Councilman Schneider to receive the minutes of the Charter Commission Meeting of April 7, 1981. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6 CONSIDERATION OF A PROPOSAL FOR THE REPLACEMENT OF THE XEROX 7000 AND OTHER CITY COPYING NEEDS: The Council reviewed the proposals for the replacement of the Xerox 7000, as outlined in a memo to the City Manager from Sid Inman, Director of Central Services,dated May 14, 1981. MOTION by Councilman Schneider to concur with the proposal for the replacement of the Xerox 7000 high-volume and Zerox 4000 mid-volume copiers with a single Kodak 150AF or equivalent high-volume copier. Further, to purchase a low-cost convenience copier for the Parks Department and Assessor's Office and purchase a low-cost convenience copier for the Garage to replace their Toshiba copier, which will be moved to the Nature Center. Also, to charge the acquisition costs of the Kodak 150AF, or equivalent, to the Utility Fund. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. At this ':ime, 8:40 p. m., Mr. Herrick, City Attorney, arrived at the meeting. 1 RESOLUTION NO. 64-1981 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 1980-1, ST. 1980-2 and ST. 1980-3: Mr. Qureshi , City Manager, stated the proposed assessment to Burlington Northern Railroad for the improvement of Ashton Avenue is $43,803.16. .ire" REGULAR MEETING OF MAY 18, 1981 PAGE 6 Mr. Qureshi stated the Council may remember there was some question of the City's authority to use the right-of-way that the City has been using for a number of years. He stated there was an agreement proposed which basically, provided that Burlington Northern would not be assessed if they, in turn, gave the right-of-way to the City. He stated this proposal was submitted to the Council and the Council 's concern was what would happen if the railroad makes use of the property for building purposes and for loading and unloading trucks. Mr. Qureshi stated there is also a proposed assessment for the Burlington Northern plat south of the freeway, and it is his understanding they do not question this assessment, but only the one for the Ashton Avenue improvement. Mr. John Heron, representing Burlington Northern Railroad, appeared before the Council regarding this proposed assessment for Ashton Avenue. He stated the reason there was no objection at the last meeting, when the public hearing was held, is that he checked with the City staff and was told there was no assessment for Ashton Avenue. Mr. Heron submitted a written formal protest to the Council regarding the assessment for Ashton Avenue. MOTION by Councilman Fitzpatrick to receive the written protest from Burlington Northern regarding the assessment for the Ashton Avenue improvement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Heron stated he felt this issue was settled and all that had to be signed was the easement agreement. Mr. Herrick, City Attorney, stated a proposal was presented to the Council some months ago wherein he indicated this matter had been discussed with Burlington Northern and had proposed an agreement that the amount of the assessment and the cost of the right-of-way would be considered to be equal and recommended to the Council that the agreement be adopted. He stated the agreement was not adopted, at that time, and he was not aware this matter was on for assessment, until earlier today, at which time he discussed it and there was some question as to whether representatives of the railroad were aware it was on for the Council 's adoption. Mr. Herrick stated he indicated to staff they better check to see if Burlington Northern was aware Council was going to consider adoption of the assessment roll because he didn't feel it was proper to adopt an assessment, if the didn't know it was proposed. Mr. Herrick stated whether the Council chooses to agree that the amount of the assessment and the cost of the right-of-way are equal is entirely up to them. He explained he negotiated it at the request of the City and felt it was a good proposal , but the Council makes the final decision if they want to approve it on behalf of the City. If not, the railroad can appeal the assessment, if they choose. He stated they probably will end up going to court on the question whether the City needs to acquire the right-of-way. He stated, if it is determined the City must acquire the right-of-way, there is the question of the value of it, as well as the assessment cost to Burlington Northern, and the benefit the railroad receives from the improvement. Councilman Fitzpatrick asked if the $43,000 assessment is not paid by Burlington Northern, how it would be paid. Mr. Qureshi stated the staff recommendation would be that no further assessment be imposed on the properties to the west, and if it is not paid by the railroad, State Aid Funds would be used that were received in this project. REGULAR MEETING OF MAY 18, 1981 PAGE 7 Mr. Herrick stated there is a possibility the right-of-way has been dedicated by use and, in that case, it wouldn't be necessary for the City to purchase it. This is the question Burlington Northern disputes and if they cannot reach an agreement, he presumes it will have to be determined in court. Councilman Fitzpatrick stated, in his mind, one of the inconsistencies here is if that is not developable property, then why is it such high price property when the time comes to buy the easement. Mayor Nee asked if they could get it clarified from Burlington Northern that the property wouldn't be used for any other purpose other than right-of-way. Councilman Fitzpatrick stated the question is if they are going to use Ashton Avenue. Mr. Heron stated he had no idea. Councilman Fitzpatrick stated it seems they have a statement that the street doesn't benefit the property and they don't use the street. Mr. Herrick stated the criteria for benefit is whether the real estate has a higher market value now that the street is constructed, than before the street was put in. Mr. Qureshi felt there are only two routes to take and one would be to assess the railroad for the improvement of Ashton Avenue or accept the proposal submitted a few months ago. Councilman Ftizpatrick stated not only does he believe the improvement should be assessed against the railroad property, but the cost of acquiring the right- of-way is part of the cost of the project. MOTION by Councilman Fitzpatrick to adopt Resolution No. 64-1981, with the deletion of the assessment to Burlington Northern for the improvement of Ashton Avenue from 61st to 64th Avenue. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimiously. MOTION by Councilwoman Moses to instruct the administration to proceed with action to establish whether we need to acquire right-of-way and if so then proceed with acquiring the right-of-way for Ashton Avenue from the Burlington Northern Railroad. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMPLAINT RE: BLOCK PARTIES - MR. HJALMER ANDERSON, 1491 RICE CREEK ROAD: Mr. Anderson, 1491 Rice Creek Road, appeared before the Council regarding a complaint on neighborhood block parties. He requested the Council to eliminate these parties as they go on until the early morning hours and kids run all over his property. Councilman Schneider asked when the party was held in his neighborhood and Mr. Anderson stated it was last year. Mayor Nee stated they would try to keep the parties down in their neighborhood, but wouldn't be in favor of prohibiting them. He stated, however, they are entitled to protection and the parties shouldn't be going until the early morning hours. E CONSIDERATION OF INSURANCE PROGRAM - PROFESSIONAL LIABILITY PACKAGE: MOTION by Councilman Schneider to authorize the administration to seek bids for this insurance to include coverage for the City Clerk. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF MAY 18, 1981 PAGE 8 RESOLUTION NO. 65-1981 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1902: MOTION by Councilwoman Moses to adopt Resolution No. 65-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 66-1981 ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY FOR LOAN AND USE OF ALERT J3A PORTABLE BREATH TEST UNITS: MOTION by Councilman Schneider to adopt Resolution No. 66-1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ® RESOLUTION NO. 67-1981 ESTABLISHING MUNICIPAL STATE AID STREET: Mr. Flora, Public Works Director, stated in April , 1980, the City was informed by the Department of Transportation they wereturning back 53rd Avenue to the cities of Columbia Heights and Fridley. He stated, essentially, the City shares the responsibility for one-half the street with the City of Columbia Heights and they have requested that 53rd between Central and University be designated as a State Aid Street. He stated the City's responsibiltiy is .38 of a mile and this resolution must be intitiated in order to obtain State Aid designation. MOTION by Couniclman Fitzpatrick to adopt Resolution No. 67-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2, ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Feikema, Malmom & Haskvitz 1250 Builders Exchange Bldg. Mpls, MN 55402 For legal services rendered as Prosecutor for the month of April , 1981 $2,330.00 Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, MN 55432 For services rendered as City Attorney for the month of April , 1981 $2,578.15 Eugene A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, MN 55391 Professional Services - March 1981 Moore Lake Restoration Project $4,546.37 REGULAR MEETING OF MAY 18, 1981 PAGE 9 ESTIMATES CONTINUED: Halvorson Construction 4227 - 165th Avenue N.E. Wyoming, MN' 55092 Est. No. 3 - 1981 Misc.. Concrete Curb and Gutter and Slab Construction $9,546.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 121F01 through 134X01. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 18, 1981 adjourned at 9:28 p. m. Respectfully submitted, Carole Haddad William J. Nee Secy. to the City Council Mayor Z. I'C'Y OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 CITY COUNCIL May 14, 1981 ACTION' TAKEN NOTICE rtS W 1 � 7}S�f�4Xn.��+pb} Leigh Investments, Inc. 6305 East River Road Fridley, Mn 55432 On' May 4, 1981the Fridley City Council officially approved your request for _Special Use PerMjt.- 1W *51-05 by a 3 to 2 vote With the stipulations listed below: which was in fact a denial because according to Section 205.051 , 3, D, of the City Code it takes a 4/5 vote for approval . If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Since ly, J OLD L. FOARDMIAN JLB/de i ty Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Coriciarwith action taken. t: CITY OF FRIOLEY Jrr {. - « 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 5543.2 E N O H P E L E T ( 612}571-3450 CITY COU^ CIL ACTI0N TAKEN NOTICE a Leigh Investments, Inc. 6305 East River Road ,,. Fridley, MN 55432 On May 18, 1981 the Fridley City Council officially denied your request for Special Use Permit #81-06, 31 Osborne Way with the stipulations listed below: If you have any questions regarding the above action, please call the Corn�iun ity Development Office at 571-3450. S'.--c&rely, y RRO LD L. BOARDMAN JLB/de /City Planner Please review the I;oted stipulations, sign the statement below, and return, one copy to the City of Fridley. Concur %,?ith action tden.�� STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Leigh Investments, Inc. , ) Plaintiff, )' NOTICE OF TAKING DEPOSITION vs. ) The City of Fridley, ) File No. Defendant. ) TO: Virgil C . Herrick, City Attorney, City of Fridley , 6279 University Avenue N.E. , Minneapolis, MN 55432 PLEASE TAKE NOTICE, That the deposition of John Flora, Public Works Dire for ' by oral examination will be taken before Teri J. Hill or any qualified notary public at 5901 John Martin Drive in the City of Brooklyn Center in the County of Hennepin State of Minnesota, on the 5th day of May 19 82 , at 9 : 00 o' clock a• m. , and thereafter by adjournment until the same shall be completed. Dated: April 22 19 82 - Jef ey ,earson Attorney for Plaintiff 5901 John Martin Drive Brooklyn Center, MN 55430 Phone: 561-2800 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 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: (26�/ C - By. By: o h n Doyle, esident By: P�� r-7 -