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SP71-11 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA PLANNING AND ZONING FORM Rezoning Number SP #71-11 X Special Use Permit ,L Variance APPLICANT'S SIGNATURE Lot Splits DAVID 0. HARRI Address _470 RirP creek Boulevard N.E. Approval of Pre- liminary Plat Telephone Number Home 784-2496 Office 560-7792 Approval of Final Plat PROPERTY OWNER'S SIGNATURE same (Dave Harris) Streets or plley- Address �amP Vacations Telephone Number_ Same Other Street Location of Property. 470 RLce Creek Boulevard , Legal Description of Property T.ot 1_2_ Block l� Holidgy Hills Addition Present Zoning Classification,R-1 Existing Use of the Property, gpsid _;, ; 1 , Proposed Zoning Classification, Special Use, Variance or other request Second pry 1-111 li-ag and taai za hig-r-1 su]rfacp. drive requirement Describe briefly the Type of Use and the Improvement Proposed Build Geco„d_ga+agP per City Code 45.051, 2A in an R-1 District. Acreage of Property Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? When? What was Requested Fee Enclosed $.20.00 Date Filed Date of Hearing Lond Planning (4a&tr6aliL 6875-Nlyhnny:LS Vt la,dstrwy t y AfOWOIOolis ?l, Soils Testing ENGINEERING, INC. Minrnesota Qwl&"MKIfUl 46066 En9rneermg Engineers Sur ve.5 certificate of sutureT for L M DEVELOPMENT CO. N o RT H 4/ 6� S� r• p JN _.�._..-._.cK._.-_-.�.._...�. tib• � 1-0 �a l hereby cerIlAy #W this is a bw and mrred repnesenfatko o 'a 5wvey o'tbe boundaries y('hir 46ow gibed/and,end oj(�/ocafiw otf'al/ #Idwy ,tlx�ar ando✓/risible a►croo�imenfs,i`any,�w or a�said/and. As surveyed by me ftus _ cby AD/U-,. SUBURBAN EN61NEE2tN6, INC. En sneers 6 Surreyors s 4R�" ,�oW4RVM'�t*��IF G a h i � i OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 P.M. on Wednesday, September 1, 1971 to con- sider the following matter: A request for a Special Use Permit, SP 471-11, for David 0. Harris, as per Section 45.051, 2, A, Fridley City Code, to construct a second garage on Lot 12, Block 1, Holiday Hills Addition. Generally located at 470 Rice Creek Boulevard. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: August 18, 1971 August 25, 1971 SP #71-11: DAVID 0. HARRIS L. 12, Bl. 1, Holiday Hills Add. Construct 2nd Garage - 45.051, 2A c � J _ LLS 4h40 N th —��E:� �yr=..•y�e^...s,� ,r`^i ii.� 3�.�� 54:;i \ `-- 7 TZ Ov 25 J/ 7 �:. h ¢3\ •.-. � 1 yv � :q ai �� `, ''a �"�F- moi;. R t ��: ,°�\SO k� 1B ��s�4 7 J'.ti1\�S q\l5� E..,•.le, ;w� S // ° '�r� /^"� •vrI !s Z�V V t _ 0 , k- J <�• 11 car—: �1 t+` '_. y� �r i;'� yfl.°-..t� _jr -,,.`� S p I d. _� \ 227 ems+— •n f,:r � (� fl! �-�. � lA � A �l 10 •a.''" <� 3� yA ' 'l t.•' \ e�3�: SBi°3:—� •`Ly �tr..� � � �a .9,¢s t y. F �',�•,._.,a,."n' _ f,! 1' Sa� �i t I i "'•\\ N ti f• ,� \, a 41 1 fes'..'i o83 gzi :,G o >'o+, :�:»A, ti 0>h�' �.' eF<'"'rf9'S2it ', ��o ♦,"' I t \ \ 14 •,r /o �j 2 �\� '� .li` a°\' �.rs.'^P f- r¢. . :I• Yzda o;6 fo�:3ua: ._fir•,, y �?e�' I.. P' 4• :r': :r' �� t � I •s '02;> _ \\♦ '\ `\'�;/� Ta' �\•`ti rte' eln' P 11j ! '}� °R 1 I t5•h �-'; 75 12 U� •w 1 _® ,F'a%• \ JI. s ass,.. sM1 � \ � C' �liedp a ;� zs'<.. 1 pb /O r---}..__..h __. i0,?6 c- � \ "'`,` ' ,::r ->s.4� 0� ypl l9aa\b o• .,a �� ,b 1116 LU '� 1 n 2 ^ 5 z \ `y r�I•"'`>' ;��..\4� r o i1y'�hk \ ,t: 25 � v IdF y e � a v:iif 30 fie' Sa >01 h� 75 r(J • � � �_• _ Zc_p_A '• 2oe EeYf ' 2 6'o lit 'rase..I rw C. >o n 2 " 3 ^� w o II I Mailing List - SP #71-11 Mailed: favid 0. Harris Plan. Com. Aug. 13, 1971 Virgil Herrick 477 Rice Creek Terrace James Grossman 456 Rice Creek Blvd. Duane E. Prairie 489 Rice Creek Terrace Clifford F . Ash 460 Rice Creek Blvd. John W. Fink 465 Rice Creek Terrace David 0. Harris 470 Rice Creek Blvd. Douglas E . Nieman 451 Rice Creek Terrace Robert Peterson 480 Rice Creek Blvd. Arthur Sandgren 435 Rice Creek Terrace Ronald E . Johnson 490 Rice Creek Blvd. Emory Solie 419 Rice Creek Terrace Kenneth Staceyy 500 Rice Creek Blvd. Roy J. Schultz 403 Rice Creek Terrace Bernard G . Black 389 Rice Creek Terrace W. Paul Newman 375 Rice Creek Terrace Arthur J . Swanson 361 Rice Creek Terrace Joseph J . Polanski 347 Rice Creek Terrace Donald S . Babinski 333 Rice Creek Terrace Paul H. Dannenberg 315 Rice Creek Terrace DuWayne Bakke 454 Rice Creek Blvd. Kenneth A. Gere 511 Rice Creek Blvd. Alford J . Haley 501 Rice Creek Blvd. E� Banning Commission Meeting - September 1, 1971 Page 2 Commission decided to consider the rezoning first. The lot split has been recorded at the County but was not approved by the City Council. It now is a matter of the special assessments being divided. The original request was for a lot split on the apartment houses. The taxes are split, but the specials are not. The apartment owners applied for a lot split, but were denied by Council who would rather have them plat than bring in a metes and bounds description. When Mr. Schmedeke viewed the area just before the Planning Commission meeting this evening, he said that there were no stakes to show where the rezoning was planned. There was a pond in the area which he felt would be a problem for someone to drain. Mr. Clark explained that there was a storm sewer from the pond which drained into Moore Lake. The pond builds up to a certain level and then drains into the storm sewer. The problem in this area is platting and ownership. Chairman Erickson said that the reason the plat was never filed was because of a problem with the title and a gap in the description. It might have taken a court order to clear the title. It took a year and more and the developer and other owners had either lost interest or ran short of money. Mr. Schmedeke said he did not believe apartment houses are to the best interest of the City. While he did not believe in zoning this area to CR-1, he felt after reading the Zoning Ordinance that the City does have quite a bit of control in Cr-1 Districts. The Commission can be sure of proper screening in CR-1 so that we can be sure that R-3 zoning is not being infringed upon. Because of conflict of interest, Chairman Erickson and Mr. Minish abstained from voting. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission recom- mend to Council approval of the rezoning request, ZOA #71-05, Real Estate 10, Inc. of part of Lot 5, Auditor's Subdivision No. 25 being rezoned from R-3 (general multiple family dwellings) to CR-1 (general office and limited business) subject to the following stipulations: That the City and County be given proper legal descriptions or a plat that can be approved for the parcel, that the City sewer and water problems are solved satisfactorily, and for screening to plant a type of evergreen or blue spruce. Upon a voice vote, Schmedeke and Zeglen voting aye, Erickson and Minish abstaining, the motion carried. Mr. Schmedeke said he asked specifically for trees as screening so a plan would not be for a wooden board fence. More and more cars are being sold and we need more trees to give us the oxygen the cars use up. He felt it was time for this Planning Commission to consider putting up some live breathing fences. /X1 2. PUBLIC HEARING: SPECIAL USE PERMIT, SP #71-11, DAVID 0. HARRIS: Construct a second garage on Lot 12, Block 1, Holiday Hills Addition per City Code Section 45.051, 2, A. The reading of the public hearing notice was waived. Mr. Dave Harris was present. The area of the Lot was given as follows by Mr. Clark: The North line -r Planning Commission Meeting - September 1, 1971 Page 3 on the cul de sac is 59.8' , the Northwest line is 103' to the center of the Creek, on the East line, it is 239' to the center of the Creek, the meander line along the creek is 228' . The dimensions of the house are 35' back from the street, 15' off East line, 32' North/South and 61' East/West, and 61' across the front. The garage faces North on the West side of the house. A family room is in back of the garage. Mr. Harris stated the reason he was requesting a special use permit for a garage was-because he planned to pursue his hobby of restoring antique cars. The garage would be used for this purpose. His lot is approximately equal to four normal City lots - 35,000 square feet. It will be impossible to see the proposed structure from the street as it is protected by trees at the rear of the property. He had discussed his plans with the neighbors and there seemed to be no objections. There was no one at the meeting objecting to the request. Mr. Harris continued that the grade change from the street to the proposed structure is about 12' . He said he has a large investment in his home and would not do anything to jeopardize the value of 'the home. In the past he had never had a problem about the oil and grease, as he 'would drain it into a pan or put it in storage. He had no desire to build a driveway, but there was room on his property. Besides a driveway would not be used that much as sometimes it takes a year or two to work on a car. The overall height of the building would bring the building up to about the street level. There is not much traffic at the end of the cul de sac. Mr. Schmedeke said he visited the area and that Mr. Harris had a beautiful home and he felt this garage would not be detrimental to the area. However, he had some reservations about the Creek. He wondered if there was any State or Federal law relating to how close a structure can be built to a public water- way. There is talk that hiking trails will be made along the Creek, and he wondered if Mr. Harris could build as close to the Creek as he plans. Mr. Harris said there is now an island in front of his property which was not there when he purchased the land. There are seven trees at the bank, and 35 feet between these trees and the front three trees. He would be able to save the seven trees if the garage were built as planned, but if he had to move the garage forward, he would have to take all those trees out. But he certainly would not build there if he were in violation of any State laws. He has lived on this property since 1966 and last spring was the only time he noticed there was water in their yard. As soon as the ice jam was removed, the water left. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission close the public hearing of the request for a Special Use Permit, SP #71-11, David O. Hprris to construct a second garage on Lot 12, Block 1, Holiday Hills Addition as per City Code, Section 45.051, 2, A. Upon a voice vote, all voting aye, the motion carried unanimously. Planning Commission Meeting - September 1, 1971 Page 4 MOTION by Zeglen, seconded by Minish, that the Planning Commission recommend to Council the approval of the request for a Special Use Permit, SP #71-11, by David 0. Harris, to construct a second garage on Lot 12, Block 1, Holiday Hills Addition per Fridley City Code, Section 45.051, $, A subject to the stipulation that the City Attorney be requested to check with the Conservation Department, or any other Department concerned with the regulation of public waterways or watershed to determine how close a structure can be to the shoreline of Rice Creek. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING• SPECIAL USE PERMIT, SP #71-12, HARLAND E. BERRY: To con- struct double bungalows on7-Eots `3 and 4, Block 4, Ostman's Third Addition per City Code 45.051, 3,D. Mr. Roger L. Peterson, the son-in-law of Mr. Berry, represented the petitioner as Mr. Berry was out of town. He brought out the fact that this same request was made several years ago for a double bungalow on Lot 3. The Planning Commission and the Board of Appeals approved, but the Council denied the request. Both lots are low, and will require a large amount of fill to bring them up to the level of the road. These lots are not the most attractive ones due to the cost of fill and overhead there is a high line that runs above the front yard, and being on East River Road does not help a lot. The actual expense of building a single family home would not make it a practical investment. They tried to maintain the lots and had some fill brought in, but people are still dumping garbage and trash there. Mr. Peterson said they would try to get some kind of turn around so that the cars could drive onto East River Road facing the traffic and not backing out. It was noted that there was an error in the public hearing notice -- the notice stated "a double bungalow --- on Lots 3 and 4", but the application stated "double bungalows" on Lots 3 and 4. The Commission felt a Corrected Notice should be published, and a note of explanation sent with the notice of hearing to the residents within 300 feet. MOTION by Minish, seconded by Zeglen, that the Planning Commission table to September 22, 1971 the Public Hearing of the Special Use Permit, SP #71-12, by Harland E. Berry to construct two double bungalows, one on Lot 3 and the other on Lot 4, Block 4, Ostman's Third Addition per City Code 45.051, 3, D, pending the publication of a Corrected Notice and the mailing of the Corrected Notice to the property owners within 300 feet. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REPORT ON GUIDE LINES FOR SUBSTANDARD LOTS: To be continued as material is not ready. Darrel Clark reported that the information is almost complete and will be ready for the September 22, 1971 meeting. ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 9:45 P.M. Respectfully submitted Hazel O'Brian Recording Secretary REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 7 APPROVAL OF CONTRACT FOR DEED FOR 3710 EAST RIVER ROAD: MOTION by Councilman Harris to approve the contract for deed for 3710 East River Road. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF LEASE FOR 3710 EAST RIVER ROAD: MOTION by Councilman Harris. to approve the lease for 3710 East River Road. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF MUSIC FESTIVALS: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously: REC&.IVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 1 1971: � !f 1 1 7 •1 1 f 111 ■1�- • 1. REZONING REQUEST, ZOA #71-05, REAL ESTATE 10 INC., FRANCIS GIRDLER: Part of Lot 3, Auditor's Subdivision #25 to be rezoned from R=3 (general multiple family dwellings) to CR-1 (general office and limited business) . The City Engineer said this is a request to rezone property in the northeast quadrant of T.H. #65 and I. 694. The Planning Commission recommended approval of a rezoning from R-3 to CR-1. MOTION by Councilman Liebl to set the public hearing date of October 12, 1971 for the rezoning request by Real Estate 10, Inc. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. SPECIAL USE PERMIT, SP #71-11, DAVID 0. HARRIS: Construct a second garage on Lot 12, Block 1, Holiday Hills Addition per City Code Section 45.051,2,A. The City Engineer said this request was to build a second garage. The Planning Commission recommended approval subject to the stipulation that it be above the flood plain. MOTION by Councilman Liebl to concur with the Planning Commission and grant approval for a second garage for David Harris. Seconded by Councilman Kelshaw. Upon a voice vote, Breider, Kelshaw, Kirkham and Liebl voting aye, Harris abstaining, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to ireceive the Minutes of the Planning Commission Meeting of September 1, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 8 RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF SEPTEMBER 2, 1971: I. CONSIDERATION OF A REQUEST TO ERECT A METAL STORAGE BUILDING LOCATED ON LOT 8, AUDITOR'S SUBDIVISION #39, THE SAME BEING 25 44TH AVENUE N.E. , FRIDLEY MINNESOTA. (REQUEST BY MINNESOTA LINSEED OIL COMPANY, 25 44TH AVENUE N.E. , FRIDLEY, MINNESOTA) : The City Engineer said, as the Council recalled, they have already seen the layout. The Building Board recommended approval of the request subject to the stipulations found in their minutes. MOTION by Councilman Liebl to concur with the Building Standards - Design Control and grant the permit subject to their stipulations. Seconded by Councilman Harris. Councilman' Harris said there was a bond discussed and asked if that was part of their 'motion and the City Engineer said no. , Councilman Liebl said the Council has already given preliminary approval and added that this would be a temporary building for five years. TME VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO ERECTA METAL STORAGE BUILDING LOCATED ON PART 0_ PARCELS 4800 AND 7800, THE SAME BEING 500'73RJ) AVENUE N.E. , FRIDLEY, MINNESOTA. (REQUEST BY CARTER-DAY.COMPANY, 500 73RD AVENUE N.E. , FRIDLEY, MINNESOTA) The City Engineer said the Board recomaended approval subject to some conditions and showed the plans at the Council table. They are to paint the new building to match the existing building and there is a letter from them stating they would put up a screen fence. -MOTION by Councilman Breider to concur with the Board and grant the permit, subject to their conditions. 'Seconded by Councilman Kelshaw for discussion. Councilman Kelshaw said that in the Planning Commission minutes, Eldon .Schmedeke mentions using-trees'�for screening Mather than fencing. He asked if this would be feasible in this case. The City Engineer said that this area already does have a great deal of vegetation and it was felt that a wire screen would give a more positive screen. THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING LOCA ED ON LOT 25 BLOCK 1 NAGEL'S LANDS THE SAME 4EING 7331 BAKER STREET N.E. FRIDLEY INNS A. ST BY DONLYN ACTURING CORP. 7331 BAKER STREET N.E., FRIDLEY, MINNB A) : The City Engineer said this request was for an addition to an existing building. They will use brick in front and block on the sides. Their request was approved subject to the blocks being painted to blend with the existing building.