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SP83-05 CITY O; FRIOLEY, SUBJECT 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT FRIOLGY, MN. 5543E (6121571-3450 SP # CJ Q 3-05 ADDRESS L DATE PLANNING COMMISSION: P.H. DATE APPROVED DISAPPROVED DATE NO CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME _ FEE •2620 RECEIPT NO STREET LOCATION OF PROPERTY - C LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING• USE OF PROPERTY ACREAGE OF PROPERTY x JJ 0 DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT Coa_TV__ q�2�/ Sy � 'T 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? des no. What was requested and when? The n_u_dersigned ulydggrstands that: (a) A list of all residents and owners of property ww thin feet t 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. r � DATE (� " 1 '� SIGNATURE APPLICANT 371 ADDRESS—.6- L4 0 S`'� TELEPHONE NO LI–g �tea(A- P � � i aS} y }•'t�r �F H M +E 4*9� r Rraj411 r x.,. �` M. ia'i `•��"� �'7�x` ,�}��`r'S� {fid Mp a z �' �. +=5'k y�'�'r _''�� - t v�� r�� ' a�' J� ra� la # ✓�+1 r?° ai �, .,� r r l.-a Nt '� � a s •`?ray ` • 1�`}, "Pt��'a 4`�r,'y�� i+n��{i $S i x-a�,q + � �". a A y a�n i y, a J tj'�f a. •F°` \r r "�'` i iYi - 1 S'�. 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'f Kq 4♦ $ t t'..r s,,r�'� ,j ¢,. .ta? � '� �_ '•., t �,1ti n ��r r i1,i 9,Y��i t'.d 'tr ��} �� .�.. c` '� fii"; -w 4 ._,� •' 'Cdr CF$ i�,� � 1r ��C`W.�,� r � tt A� "5... +�S a a �..-I� j i ?r a{ rP.*` F' ,�� ..•r �.:' � "'-.s t?•4,i�'iE.r.� p y,�.v a'�y�s y� �°•�`,ro•�i j 3., ��P 5 t a R s x x v; v��a�i-cy w�. �x�'h� `��f j;`� �"i>3 '� #�y�� ' • `y _ � .1, y �•., 9 i �� P f� �'ikM1 y+"s �;• ' `, iii[ %� L �1�'g{fir 4 �' +I '¢ � a 'R"�. ��t`a� �`��'�v�µr`�t�.�r'i">nE6 A�, _; rte .._,t '• �' rtP: 7J MlNDEaF2qGiNEEiar4qG CO. ,INC . ENGINEERS AND SURVEYORS LAND SVRVEYINO SOILS TESTING CIVIL 8� MUNICIPAL ENOINEERING LAND PLANNING 6418-5GT" AVENUE N. MINNEAPOLIS 27, MINN. KE 7- 3(.37 1C llpr-t n IF r t'46 4 4P 401F !� ire►��' c/e'*� LIQ?h.,�7.50:-`7 € Sorg an I GARAGE h Q AR = �.�� III e✓J Aoo. 90 7` I _ 3 �. /2 �t} oto a � i \ a r4 a 41 2 41 fI vn Sc a/c : 30 i L o T /3'. 9L oc K cam /P1-A T � WE HEREBY CERTIFY THAT THIS 1$ A TRUE AND CORRECT REPRE5ENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OFTHE LOCATION OF ALL BUILDINGS, Jr- AMY, THEREON , AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. LL MINDER ENGINEERING CO., INC . OPTED THISL_. D11YoF��°I f-l/•'lVflf-l�'IVFI �•01�5 " FNGI�IEERS AND SVRvEYORS s by 7 P� r� �- _ _ • • Pow- Del Coast. Co. 1S6-b6 SP #83-05 Kohl s Or# 3044 = A 13 F. C. JACKSON LAND SURVEYOR REGISTERED UNDER LAWS OF STATE OF 191MMUDOTA LICENSED BY ORDINANCE OF CITY OF MINNEAPOLIS N 3616 EAST 55TH STREET PA. 4-4661 �atrbtpor'�c lCcttftttatc C�j fo co to if f 0 1 � 4 1 •�;V 1 V !y .SCo /r 1 jo 1 HERESY CERTIFY THAT THE ABOVE IS A T AND CORRECT PLAT OF A SURVEY OF Lots 21 and 22 alook x Riverview Heights As 9uRYEYED SY ME THIS DAY �` . SIGNED F. C. JACKSO $. MINNESOTA REGIST TION. No. 3600 (Oficial Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION aN°lice is hereby given that there nl be a Public Hearing of the Plan- 8 Commission of the City of ver gvenhue City t eall tst on Wednes- day, July 27, 1983 in the Concil of Chamber at 7:30 P.M..M,for the purpose Consideration of a Special Use Permit, SP #83-05, by Robert Kohls,per Section 205.1576(2)of the Fridley City Code, to allow the construction of a d ft.by 24 ft. detached garage in CRP-2 Zoo Ing,flood fringe,located on Lots 20,21 and 22,Block X,Riverview Heights, me being 640 Cheryl Street NSE heard shall band e given an desiring to be the above stated time and ortunity at VIRGINI.SSCaCHe NEL Plannin Chairwoman (July 13&20,1983)FRIDission I PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 27, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Special Use Permit, SP #83-05, by Robert Kohls, per Section 205.1576 (2) of the Fridley City Code, to allow the construction of a 24 ft. by 24 ft. detached garage in CRP-2 zoning, flood fringe, located on Lots 20, 21 and 22, Block X, Riverview Heights, the same being (640 Cheryl Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: July 13, 1983 July 20, 1983 SP#83-05 Robert Kohls 11 11 1_ j 13.T 21 /{1� ,•• t.ZI`�• Z. Flu • tu IL t f,� � • �. +:• ��' �' 'i�f L � 'r ;`^ 'rte,` �j, Y: .Arl' 7 // a� Planning Commission 7/12 Mailing List 10 M/M Fred Larson Arno Windsor 670 Dover St. 641 Cheryl St. MIM Robert Hill M/M Robert Kohls 7695 Riverview Terrace 640 Cheryl St. Scott R. Anderson M/M Kenneth Nivala 7921 Riverview Terrace 630 Cheryl St. M/M Clark Nason M/M Gerald Kostohryz 614 Cheryl St. 609 Cheryl St. M/M Garland Lagesse M/M Richard Carlson 7951 Broad Ave. 615 Cheryl St. M/M Frank Shiemek Stephen Bren 7901 Riverview Terrace 641 Buffalo St. Gordon Hedlund Carol Holm 1255 Pike Lake Drive 581 Buffalo St. New Brighton, MN 55112 M/M Clarence Sharpen M/M Jeffrey Lundgren 611 Buffalo St. 7941 Riverview Terrace Bruce Thompson M/M Raymond Wafer 630 Buffalo St. 640 Dover St. Teresa Gazda M/M Robert Rugherford 627 Cheryl St. 610 Dover St. Ardath G. Fuehrer M/M Daniel Klingensmith 620 Dover St. 661 Cheryl St. Earl Tatro 11530 Foley Blvd. Coon Rapids, MN 55433 COMBINATION FORM 15 CITY OF FRIDLEY ASSESSOR: LEON MADSEN DATE June 21 , 1983 REQUESTED BY: FEE OWNER Robert and Patricia Kohl ADDRESS 640 Cheryl St N E CONTRACT PURCHASER Same ADDRESS Same SEND TAX STATEMENT TO: Robert and Patricia Kohl 640 Cheryl St N E Fridley, Minn 55432 PROPERTY IDENTIFICATION NO. PLAT NO. LOT BLOCK SUBDIVISION 03 30 24 32 0134 57593 21-22 X Riverview Heights 03 30 24 32 0133 57593 20 X Riverview Heiqhts 1 IGNED BY: FEE OWNER/CONTRACT PURCHASER (Cross out inapplicable one) -FOR AUDITOR'S OFFICE USE ONLY ------------------------------------------------------------------------------------------ IS PROPERTY CONTIGUOUS YES OR NO DATE RECEIVED: CONTRACT INCLUDED YES OR NO FOR TAXES PAYABLE CITY OF FRIOLEY, 6439 UNIVERSITY AVE. NE. COMMISSION APPLICATION FRIDLEY. MN. 5543e REVIEW tm• s Number i evIP090 ]Approved by FILE NO/ ADDRESS Ill" OATE COMPLETE REVIEW CHECKLIST ,; � = 83--GFj�a e pia;/) RETURN TO PLANNING 10 DUE DATE COMMENTS Darrel Mark John 9� .Leon Loss zI tit Z- - p'3 3,P j1)p 7a f� S22. T l!or76iive, USiivty A.r7. 0co4"*?• 1. �• ' $TRE _' ' = f 3161 t I �367'Jf ds f SP #83-05 r 1610 ��d ftF•s7� 93,f'; tip ,4 " 41 •. s 00 - STREET � 4, 17 51 jrt4 1 J �• t O - MT Z.4 Ip EET `` : 0 • }( i „ ',• f 40 :7�9 goo 4� _c.Ft" D� .. 1 � 71l��• ,. ,'� off; �r l�l !`' �� Y N 13.A? 11 /o '� ,� ~ K •' 3 8/70 , 64t ,4 , lei to It 1�/3/ CNER 14 CV 77rV''� 1 •l2 t s• '� � � y E `V •�\ 1• i a ' Q 4 + �i 7t M Ct` I u10 „ w --- FAs l 9 7i* �f i , /3 , /t D ' \ so jx ts✓ \ ' •- - 'itf, •� �"_ �$84 ' ' ss i„o'• /_p L-M' i73 Jpy (o ° ZZ ! 22 ?,L 2- 3 -121 � �, 68772 74 (o87e I ' e PA ORA ,'; A �`_ 2►• s�D�5/76 ?\ °�� r TO s nn Y. 707 01 + 73 , 6873 o L�1L 1 s. 'O i3 s” 56'� { '' 1 : 7 r • , �, _ << ,* i ,:a 701 71 t 721 731 507 /o ice ,4 ` �9 ylb 8 4� �. 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PLA( 65S8 3 ,aPOO079 6U fj /Z f SZ a 4 .IPko dOUT017 Oirhkl;Y23 ; IN 2 w z . 4 YE VN v� 6536 Rice E ---NAS R P �I o... r.s t'c--- •� • Aft w 4 r �/tOQ/ --__ -'. - ! e /►• A•str w , _ 22 -R CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 27, 1983 CALL TO ORDER: Acting Chairperson Pat Gabel called the July 27, 1983, Planning Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Ms. Gabel , Mr. Svanda, Ms. Schreiner (for Mr. Kondrick), Mr. Gabel (for Mr. Oquist) Members Absent: Ms. Schnabel , Mr. Saba, Mr. Goodspeed Others Present: Jerrold Boardman, City Planner Robert & Patricia Kohls, 640 Cheryl St. APPROVAL OF JULY 13, 1983, PLANNING COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MR. GABEL, TO APPROVE THE JULY 13, 1983, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE MOTION CW2RIED UNANIMOUSLY. 1 . PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMI SP 083-015,,' 83 05 BY ROBERT KOHLS: Per Section 205.1576 2 to allow t a 24' x 24' garage in CRP-2 zoning (flood fringe) , located on Lots 20, 21 , and 22, Block X, Riverview Heights, the same being 640 Cheryl Street N.E. MOTION BY MR. SVANDA, SECONDED BY MR. GABEL, TO OPEN THE PUBLIC HEARING ON SP #83-05 BY ROBERT KOHLS. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:45 P.M. Mr. Boardman stated the reason this request was before the Planning Commission was because any buildings in the flood plain, whether structures for habitation or not for habitation, require a special use permit. Accessory buildings are allowed in the flood plain as long as they are not for human habitation and must meet standards for building in the flood plain: The structure has low flood damage potential , is firmly anchored to prevent flotation, and is floodproofed according to UBC standards. This proposal for a double garage in the flood plain does meet those standards , and Staff has no problem with the issuance of this special use permit. Mr. Boardman stated the lots involved are Lots 20, 21 , and 22. There are presently two tax statements on the property, and Staff needs to have the property combined as one tax statement. The "Combination Form" needs to be signed and submitted to the County. PLANNING COMMISSION MEETING, JULY 27, 1983 PAGE 2 The petitioners were in the audience. Ms. Gabel stated she drove by this property and noticed there were three cars, an outdoor cooker, and several other things. She stated there seems to be plenty of room on the lot for a garage, and that the petitioners probably have a real need for a garage. Mr. Svanda agreed. He stated he had also driven by the property and had made the same observation. MOTION BY MR. SVANDA, SECONDED BY MS. SCHREINER, TO CLOSE THE PUBLIC HEARING ON SP #83-05, BY ROBERT KOHLS. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION BY MS. SCHREINER, SEC. BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT REQUEST, SP #83-05, BY ROBERT KOHLS PER SECTION 205.1576 (2) TO ALLOW THE CONSTRUCTION OF A 24' X 24' GARAGE IN CRP-2 ZONING (FLOOD FRINGE) , LOCATED ON LOTS 20, 21, AND 22, BLOCK X, RIVERVIEW HEIGHTS, THE SAME BEING 640 CHERYL STREET N.E., WITH THE STIPULATION THAT THE LOTS BE COMBINED FOR TAX PURPOSES. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on Aug. 8, 1983. 2. CONTINUED: AN ORDINANCE ADOPTING A NEW CHAPTER 101 ENTITLED "ANIMAL CONTROL" AND REPEALING OLD CHAPTER 301 ENTITLED ' LIVESTOCK CONTROL' , 302 ENTITLED 'ANIMAL CONTROL", AND 303 ENTITLED WILD ANIMALS ND BIRDS" F THE FRIDLEY CITY CODE IN THEIR E I Y. Due to the absence of several commissioners, it was recommended this item be continued. MOTION BY MR. SVANDA, SECONDED BY MR. GABEL, TO CONTINUE THIS ITEM UNTIL THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JULY 7, 1983, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MS. SHCREINER, TO RECEIVE THE JULY 7, 1983, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. W F COUNCIL MEETIING OF ALUM 8, 1983 PAGE 6 have some freedom to control the people that work under him. She stated , the number of positions or personnel would be set in the budget, with the City Manager having the right to choose the individuals. Ms. Jackson felt the Charter Commission would be open to discussing the compromise suggested by Councilman Schneider. UPON A VOICE VOTE TAKEN CIN THE MOTION TO TABLE, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. ORDINANCE NO 781 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMD APPENDIX C OF THE CITY CODE (SAV #83-01 ) (FIRST READING 7/25/83) : MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 781 on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. RFX'FMW.2 PRELIMINARY 1984 BUDGET AND RE.'VE ME SHARIM ESTIMATES By THE CITY MANAGER AND SETTING A PUBLIC HEARING FOR SEZ12452 12, 1983: Mr. Qureshi, City Manager, stated the Charter requires the City Manager to submit the preliminary budget to the Council in order to set a public hearing. Mr. Qureshi stated the budget for 1984 is $7,357 ,113 which is a 3 .79% increase over the 1983 budget. He stated the Council would be provided with adjusted figures as they become available from the State and County. He stated this is a balanced budget, as required by the City Charter, and further details will be submitted at the public hearing on September 12, 1983. MJTION by Councilman Hamernik to receive the preliminary report of the City Manager for the 1984 budget and set the public hearing for September 12, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVING PLANNING CX"ISSION MINUTES OF JULY 27, 1983: 7A. RFXEST FOR A SPECIAL USE PERMIT, SP #83-05, FOR CONSTRUCTION OF A GARAGE IN CRP-2 ZONING (FLOOD FRINGE) AT 640 CHERYL STREET N.E.M ROBER KOHLS• Mr. Flora, Public Works Director, stated this special use permit is requested in order to construct a garage in the flood plain at 640 Cheryl Street. He stated accessory buildings are allowed in the flood plain, as long as they aren't for human habitation and are constructed to building codes. He stated it was suggested that Lots 20, 21, and 22 be combined into one tax statement and the petitioner has taken this action. cmiNciL MEFTim OF Am= 8. 1983 PAGE 5 Councilman Schneider stated, at the first reading of this ordinance, he did support it procedurally, however, he has difficulty with Section 6.02 (b) which, in effect, removes the concurrence of the Council, as a Charter requirement, for the hiring or dismissal of City employees. Councilman Schneider stated it has been his philosophy to bring accountability to the Council for actions by the City. He stated one of the first activities on which he spent a considerable amount of time was the code of ethics ordinance. He stated the Charter, as it stands , significantly influences and restricts the ability of Council members to interfere with daily work. He stated it is, therefore, vital for the Council to have a free flow of information with the administration and this involves who the City is hiring and who the City is dismissing. He stated the proposed change would eliminate that information flaw to the Council. Councilman Schneider stated he has no distrust of the present administration and the way it has worked, there is no problem; however, he felt the Council's function to oversee the hiring and dismissal of employees should be retained. Councilman Schneider stated he would like to be aware of what is happening and for the Council to continue with their concurrence in the hiring of employees, however, he stated the City Manager's hands are somewhat tied if he isn't free to dismiss employees. Councilman Schneider stated he had discussed his concerns with the City Manager and a compromise has been suggested in that the Council would concur with hirings and would only be notified of any dismissals . Councilman Schneider suggested this ordinance be tabled so this compromise could be presented to the Charter Commission. MOTION by Councilman Schneider to table the second reading of this ordinance until October in order to submit the proposed compromise to the next meeting of the Charter Commission for their consideration and discussion. Seconded by Councilman Fitzpatrick. Councilman Hamernik pointed out the Council reviews the budget and the Council is made aware at that time of changes in personnel. He felt the Council has the opportunity and authority to either approve or disapprove any positions during the budget process. He stated if there isn't money for salaries available, there wouldn't be any hiring. Mayor Nee stated he was prepared to vote for the second reading as it now stands, but didn't feel it would pass. Councilman Schneider stated it is a philosophical question, but he can't support the ordinance as it is now written. Ms. Sue Jackson, a member of the Charter Commission, stated her first reaction to the compromise is fairly positive. She stated the whole thrust of the change regarding employees came after the change regarding the City Manager. She stated the first consideration was to see that the City Manager serves at the pleasure of the Council. Ms. Jackson stated if the City Manager is held accountable for the way the City operates, he must COUNCIL MF'F'= OF ALtc;= 8, 1983 PAGE 7 Mr. Flora stated staff has no objection to this special use permit and the Planning Comission has recommended approval of this request, with the stipulation of combining the lots into one tax statement. Councilman Fitzpatrick stated, as he understands, action has been taken to combine the lots into one tax statement. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and grant special use permit, SP X83-05. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7.B = FROM APPEAIS O"ISSION MEETING OF JULY 19, 1983: VARIANCE REQUEST TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET Arrnw A SINML CAR GARAGE TO BE EXPANDED TO A MD::C,R GARAGE AT 6737 W SHIh'= STREET N E . BY JOHN AM S)aA1 A MITTEL-=: Mr. Flora, Public Works Director, stated this is a request to reduce the side yard setback from the required five feet to three feet to permit the conversion of a single car garage to a double garage. Mr. Flora stated, at the Appeals C rrd Bison meeting, there was considerable discussion that the garage could be 20 feet instead of 22 feet and, therefore, a variance would not be required. He stated the Appeals Commission denied the variance as they felt the hardship had to be based on more than just economic reasons. Mr. Flora stated the vote by the Appeals Commission was 2 in favor and 2 against the motion and, therefore, this item was referred to the Council. Mr. Mittelstadt stated the variance for which he is applying is really only for one foot so he could make the garage 21 feet. He stated he originally applied for a two foot variance in order to make the garage 22 feet. Mr. Mittelstadt felt the variance would make a substantial difference in the quality of the garage and indicated he intended to build the garage whether or not a variance was granted. Mrs. Kuhnly, 6747 Washington Street, stated the lots in this particular area are angled and are 75 feet across the front and about 55 feet across the back. She stated the homes are pretty crowded and the majority of the homes in the immediate area have single attached garages. Mrs. Kuhnly stated, when their home was built, it was too far north and their driveway was on the property line so they had to buy several feet of land from their neighbor in order to get out of their car. She stated the only room they have is on the south side of their property where Mr . Mittlestadt wishes to enlarge the garage, and she would prefer not having any more building than what is already there. Mr. Richard Nord, 6805 Washington Street, stated most of their area has single attached garages and felt, if this variance is granted, other requests will have to be granted which will make their area even more COUNCIL MEETING OF ALIG= 8. 1983 PAGE 8 crowded. He stated he built a two-car garage on the back of his lot so he wouldn't have to obtain any variances. Councilman Barnette stated Mr. Mittelstadt is going to add to his present garage whether or not the variance is approved. Councilman Hamernik stated he appreciated Mr. Mittelstadt trying to upgrade his property by adding on to the garage, however, with the objection of adjacent property owners, he finds it difficult to vote in favor of the proposed variance. MOTION by Councilman Hamernik to concur with the split decision of the Appeals Cormiision and deny the variance request to reduce the side yard setback from the required five feet to four feet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MyTION by Councilman Schneider to receive the minutes of the Planning Coimiission Meeting of July 27, 1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. gECEIVIW,2 CABLE TELEVISION ADVISORY O"ISSION MINUTES OF JULY 14, 1983: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of July 14, 1983 . Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.1 RESOLITON NO 69-1983 SETTING A PRIMARY ELECTION, ESTABLISHING POLING PLACES, AND APPOINTING JUDGES: MDTION by Councilman Fitzpatrick to adopt Resolution No. 69-1983 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.2 RESOLUTION NO 70-1983 OPPOSING SENATE FILE NO. 66 (AKA THE GOLDUTATER CATV DDERDGULATION BILL) x AND URGING THE DEFEAT OF ANY COMPANION PRppCSAT IN THE U S HOUSE REPRESENTATIVE: Mayor Nee stated this bill is known as the "Goldwater Deregulation Cable Bill" and, if this resolution is adopted, he felt it should be sent to Senators and Representatives in Congress and the Mayors of large cities over 8,000 population. MOTION by Councilman Schneider to adopt Resolution No. 70-1983 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ESTIMATES* MDTION by Councilman Schneider to approve the estimates as submitted. 44 "," .. ' CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 'n TELEPHONE ( 612)571-3450 CITY COUNCIL August 26, 1983 ACTION TAKEN NOTICE Robert Kohl s 640 Cheryl Street N.E. Fridley, Mn 55432 4 On August R, 19,u the Fridley City Council officially 4, approved your request for Special Use Permit. SP #83-05, to construct a garage E with the stipulations listed below: in the flood fringe (CRP-2 Zoni)ng) None If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, XRROD L. BLOARDMAN JLB/de Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken.