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SP83-11 � . 7 C CITY OF FRIDLEY9 SUBJECT 0 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT SP # 3 3� FRIDLEY. MN. 5543E! 46123.571-3450 c_ 11 c R I ADDRESS_ 1,( 70 OC, c e C Fve, k Xe -4f t o DATE �!a6 Z h PLANNING COMMISSION: APPROVED DISAPPROVED GATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME i- ' ! FE41:40 a RECEIPT NO I I D STREET `LOCATION OF PROPERTY `7 tC LEGAL DESCRIPTION OF ;PROPERTY Z ? 6 I S At C Cheek 7e,ters AX 7 CI PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY 136 -?o BRIBE BRIEFLY THE PECIAL USE APPLIED FOR: 5eCOAC4^4SCP# I 2 Section of the Code: Has the present applicant previously sought to rezone, plat, obtain a lot split Ar variance or special use permit on the subject site or part of it? yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 200 feet will 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 Jefect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty 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 the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. DATE ' ,!v 1� �-� SIGNATURE / ADDRESS / �/ � P,e e� �' vv61 Ac c• TELEPHONE NO N11INDEaF-24GINEEIRP4(i CO3 .91Nce ENGINEERS AND SURVEYORS LANG SURVEYINo SOILS TESTING CIVIL & MUNZPAL ENOIN[ERINO LAND PLANNINO G418-SGT" AVENUE N. MINNEAPOL15 rM MINN. KE 7- Sr.37 c o rt i f i eta i e dF It to ■ Nrf u' �or _C UALITY _-1lom&ZINC. At l/75 Not,st 'o- ' 3 N -JO qo f (1 \ ` to f , • b . eta• � / �, - %., Lit �. �l'�c � � . I�iCe Crcc� T�rraee ✓/af 4- WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT P-EPRE5ENTKTIOM OF N SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DE5CRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF AMY, THEREON , AND P.LL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SND LAND. Ate.;,/,yam •'`�11"JDER ENGINEERING CO., INC. DOTED TII S OI (tlF nC.1,5S EW31WEERS N*40 iURvEYORS 6 n -r7/- 97// 9h 10 M1ND1EP. FNG1NEE1Rr*4Cy Co,lNew ENGINEERS AND SURvFYOQ S LAND SURVEY"No Special Use Permit, SP #83-11 CIVIL MUNICIP^L ENGINEERING 6418-SG*" AVENUE N. Carl Asproth, 470 Rice Creek Terrace MiNNEAPOL15 27, MINN. KE 7- 31.37 QUAI-ITY Momma INC. V� s'0 � L)tIs71 r, f{ovs� 30 '65 . tx/ST; t� 1 G�,eAGE VNO �z p r Lot F15 WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTNTIOM OF A SURVEY OF THE BOUNDARIES OF THE LAND NMVE DESCRIBED ANo OF THE LOCATION OF ALL BUILDINGS, IF AMY, THEREON , AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SND LAND. ; -!1,11NDER ENGINEERING CO., INC . D�7ED T"•S OwY of 4 " �� 5 S - ENG!►1EEQ5 AND LURvEYORS (Official Publlcatlon) PUBLIC HEARING PLAN BEFORE THE Notice is hereNING COMMISSION will be a Publiceby given that there ning Com Heaoring of the p, Fridleym�ssio° the versit y n the City Hall at 8 31t City YAvenue Northeast on W 1 Uni- day,November 9,1983 in the Council Chamber at 7:30 ,y for the purpose of: Consideration of a request for a SpeciaAl UsAe prr itI Serd83-11,by Carl p 205.071 3, the F Section Code,to allow the construlcGonity fof t s b and access ory building,a 26 Y 40 ft. detached gara e located r Lot e, Block 5, R e Creek Terrace Plat 4, the same N.E B 470 Rice Creek Terrace hearrd shall be Per desiring to be the above stat given ti an opportunity at VIRGINIAS place CHNABEL Plannin Chairwoman (Oct.26&Nov. g Commission 2,1983)-FRID 6 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, November 9, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #83-11 , by Carl A. Asproth, per Section 205.071 , 3, A, of the Fridley City Code, to allow the construction of a second accessory building, a 26 ft. by 40 ft. detached garage, located on Lot 8, Block 5, Rice Creek Terrace Plat 4, the same being 470 Rice Creek Terrace 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: October 26, 1983 November 2, 1983 Ate 530_ **� 4i3 •- i Special Use Permit SP #83-11 9 M we f 52��1 �r '' i �.:f _ u Carl Asproth 470 Rice Creek Ferrace 44� ' W 45 s>, a48 c� ;, -- - ,,,, V � , •-- � 2 l ,•, 4 s' a a r, -'$00 9 it 45 ,. 4 lbQ Alt 6,'•t �`480 4` AV 11 f" 8a 68 y` .470low ` 4%q ,y t1 ��►'`>> ," - �� .! �.6� A. , Z 417 417 4Y1 4 6 67� 2u �• 1 1 67` `'' h• .• �� '; 47o �� 67 �6� � • ' q � 'r. 3 * •' 31 ,c►+, o : • �� 671 :.r I f 1 s 45 16735 = , ! 1$\:' ti • E = a �a 1�06= 673 6 pA ' l3• qg5 r� �� f `, Z _ 403 \ • • °44 0 e 6 . , p 6727 o T t"'• 419 z • r..tof �.� �... j2 6711 a, r 43A 6 Z ---- 7 O 7f 1,�` • O 0 T--_./o' /s YO ' T TJ_.. t i9C • '� 509 ,517 I -jr �� Q 555 ;5(05 491 ® 7� E 541 3 .!0 4 9 _1Ts"�' 3 4 01 4,1) 45 �G ,4 45 46 t 471 A 81 5.2 5�3 ..,•v 67 AVE. N.E. aj '0 380 '390 ��o y c'1/90 -/yo' ysn yio y70 y80 yqb �' oo!So8 Sib S.ty'S32 s� SyB'�s6 s6 y': S o g /a /,' /2 /3 ;4 ,s' /a. 9 AW • v ? >, -s ? ', ' s c ci �i n vs R AR• `' 1 , E �T �,•�-2-3 ' 3cS S/S 52-T r936/ 363 3666? '369 37 3T 3�I� 8i �,., .�, ., . .I 64 TH AVE. N.E.71 368 310 372 374 I Ti'! X3 8• d 0 30-4 390 1392 , 512 RACS 44, °' oz A ES s , yti �c -�i- - �2 << t Ir r •-t R PL . > ._a "ao ao .ae ..'a> Asa ica Iwo .. 29f._ ... ia. i•a i lo�� ANTA ' rR�'Ek'' 3 B Ir 3s'S365 F 3�3 9b�36/5' iv -ii io ,aa io iN � i •a In STATE AID HIGHWAY NO. 6 za-o C'E'tit,e k E s c - 8 Planning. Commission October 25, 1983 MAILING LIST SP #83-11 , Carl A. Asproth Second Accessory Building Carl A. Asproth Mr. & Mrs . Gerard Miles 470 Rice Creek Terrace N. E. 506 Rice Creek Terrace N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Bradly Harrison Mr. & Mrs. Kenneth Brennen 434 Rice Creek Terrace N. E. 6716 7th Street N.E. Fridley, MN 55432 Fridley, Mn 55432 Mr. & Mrs. Harold Olsrud Mr. & Mrs. Stanley Hill 435 Rice Creek Terrace N.E. 6726 7th Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Kenneth Chapin Mr. & Mrs. James Hagen 440 Rice Creek Terrace N.E. 6736 7th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Richard Mc Mahon Mr. & Mrs. David Richter 451 Rice Creek Terrace N.E. 6746 7th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Carlton Holerud Mr. & Mrs. Joseph Mikre 458 Rice Creeek Terrace N.E. 6756 7th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. John Fink Mr. Fredric Bischke ,465 Rice Creek Terrace N.E. 6766 7th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Virgil Herrick Mr. & Mrs. William Knoff 477 Rice Creek Terrace N.E. 6776 7th Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Norman Eitrheim "-. 482 Rice Creek Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Duane Prairie 489 Rice Creek Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Fred Sarette ,.-494 Rice Creek Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. D. G. Zawislak 49� Rice Creek Terrace N.E. Fridley, Mn 55432 9L T►r t C ITV os DIRECTORATEo 0 OF o-0 0 MEMORANDUM PUBLIC WORKS ' FRI L Y DATE November 8, 1983 MEMO NO. 83-80 FROM D.P.W. Bill Deblon - Plannin TO ACTION INFO- SUBJECT b4iid L. Boardman, City Planner X Special Use Permit, SP #83-11 for Second Accessory Building at 470 Rice Creek Terrace N.E. On October 12, 1983, the owner of the above property filed application for a special use permit in order to construct a second accessory building, (a 40' x 26' detached garage) . I informed the petitioner of all the laws affecting the con- stuction and use of the accessory structure. Those laws involved: 1 . Setbacks 2. Lot coverage 3. Size of building 4. Restrictions on use (especially home occupation) 5. Special Use Permit process The applicant informed me that the new structure would be used for storage of a recreational trailer and other materials. A site plan was prepared using an existing boundarysurvey of the property and a 1978 aerial photo. (The original 1958 structure was damaged by the 1965 tornado and records of the reconstruction and new additions does not exist. ) For these reasons, the site plan may not be very accurate and dimensions should be verified. The dimensions, including lot coverage , appear to meet the code. If the Planning Commission approves of the concept of this second accessory building, the house side yard setback, among others, should be field verified by survey. WSD/de i CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW Deporlm Division Number `� Rev Page Approved by FILE N ADDRESS FILE DA COMPLETE REVIEW CHECKLIST RETURN TO PLANNING DUE DAy� COMMENTS /J a Darrel Mark Q� Clyde WV'John lo �c, Io Leon i CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 CALL TO ORDER: Chairwoman Schnahel called the November 9, 1983, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr. Oquist, Ms. Gabel , Mr. Kondrick, Mr. Saba, Mr. Goodspeed Members Absent: Mr. Svanda Others Present: Jerrold Boardman, City Planner Carl Asproth, 470 Rice Creek Terrace Marlene Knight, 513 Rice Creek Terrace Anita & Duane Prairie, 489 Rice Creek Terrace Charles Lane, 482 Rice Creek Terrace Harold Olsrud, 435 Rice Creek Terrace Ed Hamernik, 6740 Monroe St. N.E. James Hagen, 6736 - 7th St. N.E. David & Marlene Richter, 6746 - 7th St. N.E. Fred & Arella Sarette, 494 Rice Creek Terrace APPROVAL OF OCTOBER 19, 1983, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the Oct. 19, 1983, planning Commission minutes as written. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. 1 . PUBLIC HEARING: SPECIAL USE PERMIT, SP #83-11 BY CARL A. ASPROTH: Per Section 205.071 , 3, A, of the Fri ley City Code, to allow the construction of a second accessory building, a 26' by 40' detached garage, on Lot 8, Block 5, Rice Creek Terrace, Plat 4, the same being 470 Rice Creek Terrace N.E. MOTION by Mr. Oquist, seconded by Ms. Gabel , to open the public hearing on SP #83-11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the public hearing open at 7:32 p.m. Mr. Boardman stated the Commission members had Memo #83-80 from Bill Deblon regarding the special use permit request. 9A PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 PAGE 2 Mr. Boardman stated the plan included in the agenda shows the house, existing garage, and where the potential garage would be located. Apparently, there was an addition on the back of the house which does not show on the plan. Staff was not sure of the size of that addition. Until Staff knows exactly the amount of square footage of building area the petitioner has, Staff is concerned that the petitioner might be getting very close to the 25% lot coverage. The lot size is 13,358 sq. ft. so the maximum building area allow- able is about 3,340 sq. ft. Mr. Boardman stated the plan (from the aerial Photo) shows 2,815 sq. ft. If the addition on the house is about 500 sq. ft Mr. Asproth may be over the 25% lot coverage. Mr. Boardman stated that when Staff looked at the property, they gave the petitioner the setback requirements , lot coverage requirements, the size of the building allowed on the lot, and the restrictions on the use such as home occupation. Staff has some concern with the size of the building, especially when there is an underground tunnel and a basement under the structure. Mr. Boardman stated that judging from the aerial photo, there seems to be enough room by the side of the house to get a driveway back, but this won't be confirmed until a survey is done. If the Planning Commission recommends approval of the special use permit, he would recommend a survey be obtained before this goes to City Council . The petitioner, Carl Asproth, was in the audience. Mr. Asproth stated that as far as he was concerned, the size of the garage could he smaller. He could make the garage fit into the requirements as far as lot coverage. He stated that his son, who is a taxidermist, lives with him. Right now his son has a freeze-dry unit in the existing garage and is working in there. His son has looked at renting some space for his business, but he cannot afford it. The reason for the new garage is for storage. Mr. Boardman asked if Mr. Asproth was planning to convert the existing garage from garage to working space. Mr. Asproth stated his son is working in the garage right now. Mr. Boardman explained that a home occupation is not an allowable use in an accessory building. Right now the existing garage is an accessory building and cannot be used for a home occupation. Home occupation has to be run out of a living area. If Mr. Asproth turned the existing garage into living space, then the home occupation would be allowable as long as the home occupation is accessible through the living structure. Mr. Boardman stated that this was one of Staff's concerns regarding this special use permit request. It would have to be made very clear that a home occupation cannot operate out of an accessory building. Ms. Gabel asked Mr. Asproth the reason for constructing a tunnel . Mr. Asproth stated there would be a basement under the new garage. The tunnel would connect the house to the basement of the new garage. The tunnel was necessary because his son would be moving the display cases that are presently in the basement of the house to the basement of the new garage for storage. • 9C PLANNING COMMISSION MEETING,_NOVEMBER 9, 1983 PAGE 4 it was her understanding that there was a provision in the abstracts made by the developer in that particular neighborhood that no one could build a detached structure and that those structures had to be attached to the house. She stated when they bought their house six years ago, they were informed of this fact by their attorney. She stated that every house in that area has an attached garage and there are no detached garages. Mr. Boardman stated the City does not have anything on covenants recorded at the City. This would be recorded at the County. When developers put on restrictions like this, they record the private covenants with the County. Mr. Boardman suggested Mr. Asproth check to see if he had any type of covenant on his deed. Mr. Charles Lane, 482 Rice Creek Terrace, stated that Mr. & Mrs. Holerud could not be at the meeting, but they had given him a letter to bring to the Planning Commission meeting. He read the following letter: "In regards to the request of Mr. Carl Asproth to construct a 40' x 26' building in his back yard at 470 Rice Creek Terrace, Fridley. As next door home owners, I, Carlton Holerud,and my wife, Mary P. Holerud, are opposed to a building of this size being constructed." Mr. Lane stated he would also be similarly opposed to granting a special use permit, primarily because he felt an accessory building in the back yard would detract considerably from the value of his property, if and when he would be in a position to sell it. He stated his family room looks out onto Mr. Asproth's back yard. Mrs. Fred Sarette, 494 Rice Creek Terrace, stated she had a letter from Mr. Miles Gerard, 506 Rice Creek Terrace, who also could not be at the meeting. She read the following letter: "In reviewing proposal of a special use permit, SP #83-11 , by Carl A. Asproth for construction of a second building (26' x 40' ) at 470 Rice Creek Terrace N.E. , I feel I was misinformed at time of signing neighborhood petition. I request my signature be void from said neighborhood petition, and respectfully request you to accept my NO vote in regard to above proposal ." Mr. Duane Prairie, 489 Rice Creek Terrace, stated he was sure the reason all the neighbors were at the meeting was because they were concerned with the way their neighborhood looks. From the discussion, it sounded like a lot things were very unclear as to what was actually going to happen. He stated they are concerned because there are no buildings of this type in the neighborhood, and they also want to protect the looks of their community. Ms. Gabel stated it was clear that they cannot legally grant this special use permit request based on the stated use for the accessory building. Mr. Asproth presented a petition signed by 13 neighbors who were in favor of SUP #83-11 . (One neighbor has asked to be removed. ) 9 � PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 PAGE 5 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive into the record the pet on presented by the petitioner, the letter from Mr. & Mrs. Carlton Holerud dated Nov. 9, 1983, and the letter from Mr. Miles Gerard dated Nov. 9, 1983. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. Ms. Schnabel stated it appears the Planning Commission cannot grant this special use permit request based on the way the petitioner has presented his proposal , because it would not fall within the City's zoning guidelines. Mr. Oquist stated he thought the petitioner could add a structure onto the house that would be acceptable to everyone and would be pleasing to look at. Ms. Gabel stated she wanted the petitioner to understand that even if the neighbors were in agreement, the Planning Commission could not grant the special use permit request because of the intended use for the building. MOTION by Ms. Gabel , seconded by Mr. Saba, to close the public hearing on SP—F8-3-11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. MOTION by Ms. Gabel seconded by Mr. Oquist, to recommend to City Council Hen a o Speciil Use Permit, #83-11 , by Carlsprot , per Section of the Fridley it Code, to allow the construction of a second accessory building, a 26' by 40' detached garage, on Lot 8, Block5, Rice Creek Terrace, Plat 4, the same being 470 Rice Creek Terrace , for the following reasons: 1 . The Planning Commission cannot legally rant this request because of the intended use of second accessory building. 2. The proposed building is not compatl l ewi th the nei ghb—orrT ood. Ms. Gabel stated she did not feel the petitioner's plan had been very well thought out. An architect should be consulted so this can be done in a manner that would be compatible with the neighborhood and the existing structure. Mr. Oquist stated they had determined that the second accessory building could only be 800 sq. ft. , rather than the 1 ,040 sq. ft. being proposed. He agreed that the plan wasn't well planned. Even without the intended use, this structure does not fit the plan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED T11E MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this special use permit would go to City Council on November 21 . 9I November 9, 1983 To: PLANNING COMMISSION _. .. Dear Sirs; - --- - -- In reviewing proposal of a special use permit SP # 83-11 , -- - --- by Carl A. Asproth for construction of a second building�.26 ft. X 40 ft. ) at 470 Rice Creek Terrace N.E. , I feel I was Misinformed at time of signing neighborhood petition. I request my signature be void from said neighborhood petition, and respectfully request you to accept my NO vote in regard to above proposal. Respectfully, Miles G. and 506 Rice Creek Terrace Home Owner r' -744 )L, AAO his- -Z5 ,v z zp IF �►`y� /�=/�i -N 9 Z-L 9 z - �s/- COUNCIL MEETING OF NOVEMBER 21, 1983 PAGE 4 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 906 ENTITLED "ADOPTION OF OODE" AMID REPEALING OLD CHAPTER 906 OF THE FRIDLEY CITY CODS IN ITS ENTIRETY• Mr. Qureshi, City Manager, stated the Council has been supplied with an updated copy of the code and action is necessary to adopt the code. MOTION by Councilman Fitzpatrick to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Schneider. Mayor Nee asked if there would be a review to point out changes made. Mr. Qureshi stated all the ordinances the Council has adopted are in the code in a codified form. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RECEIVW7 PLANNING COMMISSION MINUTES OF OCTOBER 19, 1983: MOTION by Councilman Barnette to receive the minutes of the Planning Commission Meeting of October 19, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVIrE PLNNNIING 9A. SPECIAL USE PERMIT - . Mr. Flora, Public Works Director, stated this is a request for a special use permit for the property at 470 Rice Creek Terrace for the construction of a 1,040 square foot accessory building on the property. Mr. Flora stated staff had some concern with the size of the building and there is not a survey identifying the square footage already built on the property. He stated another concern was the construction of a tunnel. He stated the petitioner indicated the tunnel was necessary as it would connect the house to the basement of the new garage and the owner 's son, who is in the taxidermy business, would be moving display cases presently in the basement of the house to the basement of the new garage for storage. Mr. Flora stated the Planning Commission had a problem with a home occupation in an accessory building, as this is not allowed under the code. Mr. Flora stated there were a number of residents at the Planning Commission meeting who were opposed to this request for a special use permit. Mr. Flora stated the Planning Commission recommended denial of this request as it was their feeling the Commission cannot legally grant the request because of the intended use of a second accessory building and the proposed building is not compatible with the neighborhood. Mr. Flora stated the convenants placed on this property, as well as others in the area, didn't allow for a second unattached garage on the homes. r COUNCIL MEETING OF NOVEKBER 21, 1983 PAGE 3 NEW BUSINESS: 4. CDNSIDERATION OF FIRST RFADING OF AN ORDINANCE ADOPTING A NEW CHAPTER 102 EVEI'i'r. ED "POLICE" AND REPEALING OLD CHAP'T'ER 102 OF THE FRIDLEY CODE IN ITS a''T'IRETY: Mayor Nee stated this ordinance has the effect of committing resources from the sale of unclaimed property from the Police Pension Fund to the General Fund. Mr. Inman, City Clerk, stated this issue was raised by a patrolman who is not in the Police pension. He stated the end result is whether the money from the sale of unclaimed property goes into the General Fund or Police Pension Fund and the only one who benefits from the proceeds funding the Police pension is the city, as it reduces the amount the City must contribute to fund the pension. He further stated the amount paid to an officer out of the pension is established by statute and is not affected by the sources of funding. MOTION by Councilman Hamernik to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF FIRST READING OF AN ORDINANKE REPEALING CHAPTER 810 OF FRIDLEY CITY CODE ENTITLED "MISDEMEANORS GEIS Y" IN ITS ENTIRETY• Mr. Herrick, City Attorney, stated, previously, it had been to the advantage of the City, in some cases, to prosecute under an ordinance rather than a State statute because the way the fines were split. He stated there have been some changes made so that is no longer the case and the police now charge all violations under State statutes that would be applicable to this ordinance. MOTION by Councilman. Fitzpatrick to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFY ING__ CHAPTER 901 OF THE FRIDLEY CITY CODE ENTITLED "PENALTIES" BY AMENDING SECTION 90L01 MIrI�1,ED "GENERAL PROVISIONS"---S- Mr. ROVISIONS":Mr. Qureshi, City Manager, stated fines have been increased and this will bring the City's ordinance into conpliance with the State statutes. MOTION by Councilman Schneider to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. iOX114C IL. MEETS OF NQYUXB_M 21- 1983 PAGE 5 Councilman Hamernik asked if the petitioner had brought in a survey of the lot. Mr. Flora stated staff has not received any further information from the petitioner. 7he petitioner, Mr. Asproth, was not present at this meeting. Councilman Hamernik stated he was contacted by Mrs. Elaine Knoff, 6776 7th Street, who wished to go on record as being opposed to this special use permit. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and deny this request for a special use permit, SP X83-11. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Marlene Knight, 513 Rice Creek Terrace, reviewed some of the covenants placed on her property, as well as others in this area. She stated she felt the Council should be aware that they exist when considering permits or special uses for this particular area. Mr. Herrick, City Attorney, stated the owner of the lot is required to abide by the covenants, but if there is a violation, it is not the City's responsibility to enforce the covenants. He stated this has to be done by the surrounding property owners or the persons who benefit from the covenants. Councilman Hamernik asked what the petitioner 's choices would be if he should decide to pursue this further. Mr . Flora stated this particular request to construct the garage has been denied, but he could submit another alternate proposal if he so desires. He stated if it requires any special permits or variances, the process would have to be completed through the various commissions. I'TDI FROM APPFALS OY01ISSION MEETING OF OCTOBER 25, 1983: 9B. gEpUCE REAR yARD SETBACK TD ALLaj THE CONSTRUCTION OF A OAR Fog A LOApING DOCK AT 7895 RANCHER'S ROAD, BY CARL STEIM-�i7ELL: Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required rear yard setback from 25 feet to 15 feet to allow the construction of a cover for a loading dock. Mr. Flora stated there has been a problem with the loading dock at this location because of ice build-up on the truck ramp which almost makes the loading dock unuseable. Mr. Flora stated, in order to correct this situation, the owner is proposing to construct a cover over the ramp. Mr. Flora stated the Appeals Commission recommended approval of this variance with the stipulation there be no outside storage after construction; the petitioner review the existing landscaping and add some if necessary; and that the east wall of the enclosure be constructed to a one-hour fire rating since it is closer than 20 feet to the lot line. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant this variance request to reduce the rear yard setback from the required 25 feet to 15 feet to allow construction of COUNCIL MEETING OF NJVEKBER 21, 1983 PAGE 6 a cover for the loading dock at 7895 Rancher's Road, with the following stipulations: (1) There be no outside storage after construction; (2) That the petitioner review the existing landscaping and add some additional landscaping if necessary; and (3) That the east wall of the enclosure be constructed to a one-hour fire rating since it is closer than 20 feet to the lot line. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9B-2. IIMEASE THE SIZE OF A FREE STANDING SIGN FROM 80 SQUARE FEET To 120 SQUARE FEET AT 6501 CENTRAL AVENUE N.E. BY DONALD: GIERSDORF• Mr. Flora, Public Works Director, stated there is a free standing sign located on this property and the code only authorizes 80 square feet. He stated the sign post which is located in front of the barber shop was noted to be in need of maintenance and the owner was so informed. The sign was originally erected in 1970, under the existing code, and the routine maintenance done did not effect its status as a legal nonconforming sign. The present sign "Don's Barber and Beauty Salon" was erected on June 1, 1977 and sometime after that date, and for about two years prior to this period, the structure remained vacant and resulted in the structure losing its legal nonconforming status. Mr. Flora stated the sign has now been repaired and an additional 4 x 6 foot sign was added in addition to the original 3 x 5 foot sign which increased the square footage from 80 to 120 square feet. Mr. Flora stated the Appeals Commission felt the two signs were quite similar and the smaller 3 x 5 foot sign should be eliminated. If this was done, the variance would be to increase the signage from 80 square feet to 105 square feet. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission to increase the square footage of a free standing sign from 80 to 105 square feet with the understanding the smaller 3 x 5 foot barber shop sign will be removed. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITEM FROM PARRS & RECREATION =74ISSION METING OF OCTOBER 17, 1983 9C. CITY DUER INTO AN AGREEMENT WITH THE NORTHFAST CHAMBER ORCHESTRA AND THE FRIDLEY CITY BAND FOR CONCERTS AT $150 EACH: MOTION by Councilman Schneider to concur with the recommendation of the Parks and Recreation Commission to enter into an agreement with the Northeast Chamber Orchestra for an upper limit of five concerts in the City for 1984 at $150 per concert and with the Fridley City Band for six concerts in the park with an upper limit of nine total concerts in the City at $150 a concert. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A 4 7 ? CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 December 7, 1983 z CITY COUNCIL r _ ACTION TAKEN NOTICE Carl A. Asproth 470 Rice Creek Terrace N.E. Fridley, Mn 55432 Dear Mr. Asproth: On November 21, 1983 the Fridley City Council officially denied your request for a Special Use Permit, SP #83-11 , for a second accessory building If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, 9RROLD L. BOARDMAN Planner JLB/de