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SP72-14 n-7 CITY OF FRIOLEY, SUBJECT S 4 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT � FRIOLEY, MN. 55431' (f612) 571-345SPo? 0 1�1 ADDRESS , `�� (� CI ��-� DATE PLANNING COMMISSION: P.H. DATE �c� • '� , 197 Y APPROVED DISAPPROVED DATE NO CITY COUNCIL: P.H. REQ'D DATE NO-�6 CITY COUNCIL: APPROVED_tr DISAPPROVED DATE (�f.� /D; /�i7y NO��� STIPULATIONS: NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY �? fi-4 PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT G' 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 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 APPLICANT ADDRESS TELEPHONE NO THE E. D. MCDONOUGH CO. 30 1953 UNIVERSITY AVE., 541NT PAUL 4� f FE• '3.6611 406 NATIONAL BUILDING, MINNEAPOLIS 2 TELEPHONESMI. 6.8856 ]PLAT OF SU MI' !1.5072 BEY ..�. Or PROPERTY OFj9rZhG -- ZIV, OfSCRIBED AS FOLLOWS�.e[��` r • t sp, 4 7,2-�14 • �.� - - t CERTIFICATE OF LOCATION OF BUILDING CERTIFICATE OF SURVEY ' I hereby certify that on_ z� 19 I hereby I made a survey of the location of. the buildingy certifq that on_ s) on the 19- - above described property and that the location of said I surveyed the property described above and that the above building(s) is correctly shown 9n the above plat. la t is a correct representation of said survey. , i�i•',^� - ti. r E.B.MCDONOUtfi�REG1STERED SURVEYOR. No. 1990 .4t.1L.1.CRAtJrx. Nn ddd0 I + CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA Rgtoning PLANNING AND ZONING FORM �!Il rac ' F 74 .z 0 V Special Uaa Pejmtt vatia�ce APP �+�M11 'SIGNATURE ZE' ' " ' �G Approval Qf pre, - AVOW 1 iminary FJot Tula hone N ber Approval of TtA41 Plot Streets or �.- �- r. F1tQP;R'1'Y OWNER'S SIGNATURE '�'�' i; -' �Vscations Address �?;� ,.�.;' �'- %c� 7 Other T41ephono Number C2 T $tTset Wqstion of Property iLegsl Description of Property Preagnt Zoning Classification / Xxi4ting Use of the Property, z;& , Proposed Zoning Classification, Special Use, Variance or other request Rgpertbe briefly the Type of Use and the Improvement Proposed 7 Acxsage of Property 136 Hsa the Tresent Applicant Previously Sought to Rezone, Plat, Obtain a Tot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of ft? When? V What vas Requested Fee Enclosed $ �o Date Filed Date of Hearing f Tr l M PWNING ANIS ZONING FORM PACS a WOW ,�P #79-]4 The ppdersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be ettaclied �o this application. (b) This application most 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 prow ceedings resulting from the failure to the names and addresses of pl'l reatdent' and property owners of property Wlthtn 3Q0 feet of the property in question, bejop$$ ' to the undersigned. 904f494tV and Owners of property within 300 feet:' PERSONS ADDRESS ,w,r.n,,.e•-,-.,SSe eatta h�, ed sheet. moll d, skVtch of proposed property and structure must be dravn on the back of th*# tore or attached, showing the following: 1. North Direction 2. locatioa of Proposed Structure op lot, 3. Dimensions of property, proposes) structure, and front and side Vet,beglof 4. Street Names S. Location snd use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations st ted fp WS application are true and correct. ---� #AA,* 3 /f7 y SIGNATURE (AP I CA,Ir'MF�- Approved Denied By the 3ossd of AppeAls SwbJeot .to t e Following Conditions: ApprovV4 Denied by the Planning Commission on f04e9t to the Following Conditions: �Ite ,Approved Denied by the Council on 40J$Ct to the Following Conditions: dats rare PC 100 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 8:00 P.M. on Wednesday, October 4, 1972 to consider the following matter: A request for a Special Use Permit, SP 472-14, by Ernest M. Harper, per Fridley City Code Section 45.051, 2 A, to construct a detached second garage to be used for one car and boat on Lot 2, Block 1, Rice Creek Plaza North Addition. Generally located at 257 69th Avenue Northeast, Fridley. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: September 20, 1972 September 27, 1972 + . f r--_•- . ,x x �! sP #72-14: Ernest M. Harper ` U Lot 2, Block 1, Rice Creek Plaza 9 North Addition s . IX 71 AVE CN 30 r ICE CITY L ./----� �� �`•�`i ' J Y .' f f.. . �.�A R ENA GARAGE- 203. ARAGE-203 �i f I r- Qf/J OC -1 Q 1 0 2 2 2 1 2 3 v _ * 3 a (� w 3 59 OLTLOT car: 77tt uj > r \ 6 i 6 u L N ? i e ASL e RICE d i rt < -f CC� P } T 4 AVENL Cr r -T -r--T I -r–±— f �� P �1 9 J Z ►� 1 Op 66TH AVENUE N.Ell CREEK rifRRACEF �� �'-/ gc►+oE - / T _ l�. MISSISSIPPI 5 ,// 'ly/ 431, \ '\� ,C^..d ;j., t w- t• ( w LLJ -tip' SI? #72-14: Ernest M. Harper Residents within 300 feet. r 4�,fe-�,5z.,O-e— p A-- d ALV- 14W lz� Kre oi 74 la,z.o . . y � - - - - ,, - '- _ -� - i NI/ CORNER � l SEC. 14 , � a _._.. x:..r. �,.. fj is 7B 7a 7. 8a _ye e _ }. e 1pjfx _1 7 ^. G 1 J ti "\,,, .1 G ..�. b� 1 f .Oe K '"t I 4•. Jft r •. + - ,ads). '��j o. I i I 75 69 Iw H NB?•6 all t Y.:y � }O � ;"$e , I 7 AVE. ° N. r � w :r 1 , r_c� +oa.e b y ,; " ti ••Otl7 i \ .I 3 y /�� V I � d �' }. � h '� v � � •ftfit K 1 I^� ab t,t q• 22 c y gS >) 77 77 77 rig , 61: .°• `�.71 '. ;� W �a zxez G�, :s \e, 5 .,,)�•'ti•ts � al • o i 7 ` � nss �oPsfsc,7 . trt`� y Zs. sfa I BilJaiol >3 ., 7I6 9 '' f'e .I: ,;a' s7 .-xs—+I Lha ry /1>ai Fc•:c cJ, � '...> si � �a) a j)&f t I j 3 m RJ y t sb w q4 s ep'W 3 v' e / t , i 1 "�31F'. .'` �� 1� til/ atry.o. t� �°a• OV i of 0 e G•. z `z-_s n►� . .9,+ r n • � ISL' f .3•.'e E� ,Y°°� - .� I I I I � \\ \ rJ SP #72-14: Ernest M. Harper Lot 2, Block 1, Rice Creek Plaza North Addition r AP �{ 't")k.' tZe j S•ig/ /� 'S�•. _ •3f°. gJ.73 - '3�i�r 0 1 �I , R.il �S 'bllL/` gr'1, R�t7°3O Z. r'tc � �, �o�,• d O �' �• n3 `a' 40 I � 75 r AVO 1�.•,• z n v 4 b 7%�~ BB7J � 6'd I I \ - I ,•�.�r J 1 12 12 w (� ,• ^' h �/ `�^. ^ ' 90 a uo � 3e e•�qe 91 \- ,�� `�`'4`$ 'I w:3f I G_ne,`'. go . ,QdO• I - n 3 c I �y 2 Ve -�.. i ".,{i" t�5, /5 �4. / ` � 9° J2�_�.:b� 4°w •' � �` 4.S IZZJ z��!'Je-�!•r":J.�-J u` �,yy,-•71t r „ ,. '' \r 6 a •:.t `: /" �'-.,{ '., �Y '�i.- /..^i4' .l o •♦ � .�a~�r /� t� g, - 3 •'l�~1°q•p � dT ala .z 7�` JIi•a/.l n.., a� 1 • M a`:' TYe+_ vi,_ ✓ y'a h � a / ' o. r .>'y lYB1.�c'w "°TE e,_- 4� q.Sq♦ � yl a e o MI � - // ec �.� � ^ ^ ^ O /• s' `t ,K. • v o � , iiy�:.,U7..5 •1•'. 1 sv ��e ` .J .a•»�- Je �a ? � o 1 D�7•,' AR' ` 9 i• wV,trlw (y iI g'a7 SS;S 7,J j0 ' 1< S° z .oa �brT�_bC rw ttff!!! Cn is I .•' 5 I h 5 •r 7J 1 J `�� "`�` j1 `u i I \ 3qitj I � I o qe , 0 ':.�z♦°I� ° ! _ `� _ a�_ �0 ��. _ )•°1 I 1. - I \ 97,8 Planning Commission Meeting - October 4, 1972 Page 8 Mr. Swenson said that eventually he would take the Nagel house down and use one wall of this building as the wall of the next building. The drive- way between his store and the VFW is his property. Mt. Clark said the building plans meet. the Code. MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission close the Public Hearing of the Special Use Permit request, SP #72-13, by Gordon G. Swenson. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission recommend to Council approval of the Special Use Permit, SP #72-13, by Gordon G. Swenson to construct a building to be used for a repair shop specializing in brakes under City Code 45.101, B, 3 D at 1010 Osborne Road with the garage doors on the rear of the building. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-14, BY ERNEST M. HARPER: To construct a detached second garage to house one car and boat on Lot 2, Block 1, Rice Creek Plaza North Addition per Code 45.051, 2 A. Mr. Ernest Harper was present. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Com- mission waive the reading of the Public Hearing for the Special Use Permit, SP #72-14, by Ernest M. Harper. Upon a voice vote, all voting aye, the motion carried unanimously. The comment was made by Chairman Erickson that the lot backs up to industrial property. The existing building is 14.4 feet from the side lines. Mr. Harper said that this was the only feasible way to go. He will give enough for the driveway. He plans to put in a concrete driveway. The garage will have a hipped roof. Mr. Clark told Mr. Harper that there is a six foot easement along the • rear of the lot. He would have to stay off that. MOTION by Minish, seconded by Zeglen, that the Planning Commission close the Public Hearing of the Special Use Permit, SP #72-14, by Ernest M. Harper. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Minish, seconded by Schmedeke, that the Planning Commission recommend to Council approval of the request for a Speaial Use Permit, SP #72-14 by Ernest M. Harper to construct a detached second garage to house one car and boat on Lot 2, Block 1, Rice Creek Plaza North Addition per Code 45.051, 2 A. Upon a voice vote, all voting aye, the motion carried unanimously. 4, EfQUEST FOR PERMISSION TO PUT A FENCE ACROSS AN EASEMENT BY ROBERT AMBORN: ass�nen } 15�. tp Lot 1, Block 4, City View Addition. lir.' Amborn was present. REGULAR & PUBLIC HEARING MEETING OF OCTOBER 10; 1972 PAGE 10 at that time wanted to build a double bungalow. Now, some of the people are not in favor of this proposal either, the couple living next door are very disturbed. He said he could not see why the Planning Commission tabled this three times when there was a lot of objection: and then decided to approve it. He said this structure would be a lot larger than a double bungalow. He thought this would require a rezoning as it would be in the same catagory as hospitals and nursing homes. The City Engineer explained that there is a provision in the ordinance covering R-1 for nursing homes, clinics, hospitals, nurseries, churches, etc. up to 100 units and is under the control of the Council through a special use permit process. Mayor Liebl said this is on 69th & Central - what is the surrounding zoning? The City Engineer said that there is industrial to the west and north, directly to the east is R-1 and further to the east is multiple. Just to the south is R-1, then City property. This lot is located on Central Avenue which is a county road and 69th Avenue, a City street. Mayor Liebl asked if the petitioner was present, with no response. MOTION by Councilman Utter to table this item. Seconded by Councilman Mittelstadt. The City Attorney suggested that notices be sent out to both the petitioner and the surrounding property owners notifying them that this item will again be on the Agenda November 6th. He added that the Council shouldmake specific findings if the request for a special use permit is denied. If the ordinance says that such a use is permissible with a special use permit, then it is denied, the.Council has to have a good reason for denial, or the courts may turn the findings over. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT, SP #72-13, BY GORDON G. SWENSON: To construct a building to be used for repair shop, specializing in brakes under City Code 45.101, B, 3 D, at 1010 Osborne Road. MOTION by Councilman Breider to approve the request for a special use permit by Gordon Swenson. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR A SPECIAL USE PERMIT, "Z -72- 142- BY ERNEST M. HARPER: QTo construct a second garage to house one car & boat on Lot 2 Block 1, Rice Creek Plaza North Addition per Code 45.051, 2, A MOTION by Councilman Utter to approve the request by Ernest M. Harper. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR PERM+SSION TO PUT A FENCE ACROSS AN EASEMENT BY ROBERT AMBORN: Easement next to Lot 1, Block 4, City View Addition. The City Engineer explained thet M;r. Am4gn Wanted to put a fence across the ;:• :lilic easement. There is 4; po$sipility Qf ygpating this easement, but it could be found to be needed in the future. The City Attorney said that he could REGULAR & PUBLIC HEARING MEETING OF OCITOBER i 3 r r�vF: Councilman Breider asked if, from where the Manager sits, he can see the display area and the stock room. Mr. Patch said he could see the display area and could see the stock room only through the open door, however, the stock room would be locked and no one could get in. If there is a delivery, someone would be in the stockroom with the man making the delivery. Council- man Utter asked about the lights on the back of the building. He did not want them reflecting out into the neighboring houses. Mr. Patch said they would be shining down, they could be a problem, but they are needed for security. Mayor Liebl asked how much this building will cost, and Mr. Patch replied that the estimate has not changed, they are still within the estimate given. If the plans are approved tonight, the final plans will be ready Wednesday. Mayor Liebl commented that he would like to be in the building and selling before the end of the year. MOTION by Councilman Utter to approve the final Plans as presented tonight by Patch, Erickson, Madson & Hanson, Inc. Seconded by Councilman Mitelstadt. The City Manager asked what was to be done about the paving. The City Engineer explained that he has already gotten a quoted price from a contractor that has an existing contract with the City , and he has promised to do the work, providing the weather holds. At any rate, the Council should know before the bid opening. He said his department should be authorized to add the work onto an existing contract so it can be done if the weather cooperates. THE VOTE UPON THE MOTION, being a voice vote, all. ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to advertise for bids for the construction of the municipal liquor store, with the bids to be opened November 9, 1972 at 11:30 AM. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to direct the City Administration to add the concrete work onto an existing contract to be done providing the weather stays nice. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 4, 1972: REQUEST FOR. A SPECIAL USE PERMIT, S ' #72-12 BY BLAINE CONSTRUCTION INC. : To build a home for the handicapped on Lot 16, Auditor's Subdivision #10, per City Code 45.051, 2, F. The City Engineer said that this proposal is for a home for retarded handicapped adults. The request has been discussed by the Planning Commission on three occasions to make certain the neighborhood thoroughly understood the plans. Councilman Utter said that he thought that somebody had to be living in a home to be granted a special use permit. The City Engineer said no, it is granted on a piece of property, and in this case the structure is not built yet. It woule appear to be a large house. Councilman Utter said that he had been to a Janning Commission Meeting and has naso received a number of calls, There was a"request to rezone this lot from R-1 to R-2 a short time ago and the Council refused the request. The applicant