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SP71-04' � a CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA - _ PLANNING AND ZONING FORM Rezoning ~ A R Special Use Permit Number S n '� 7/-O i4 . Y Variance APPLICANT'S SIGNATURE- 7jo/YJ A5' A N Q4 e Lot Splits Address .S` 7 q % ST A , E Approval of Pre- Telephone Number S ,::� © 3 7 z 1 liminary Plat Approval of Final PROPERTY OWNER'S SIGNATURE Plat Address AlStreets o r Al ley- — Vacations Telephone Number E� R4 e- Other Street Location of Property Legal Description of Property 407- �� r L Z A -_ n1ae7T PaImeR AdcA t 'b /z/ Present Zoning Classification Id e N '� Existing Use of the Property—iC2 G . Proposed Zoning Classification, Special Use, Variance or other request 142 (f Describe briefly the Type of Use and the Improvement Proposed ac d To 5 ii w' bif T i c-3 2 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 $fin Date Filed Ate # 4--c-e)67 Date of Heerin� I r PLANNING AND ZONING FORM PACE 2 Number SP 1171-04. The undersigned understands that: (a) A list of all residents and owners of pro- perty 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 pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the props-zLy in question, belongs to the undersigned. Residents and Owners of property within 300 feet:' PERSONS ADDRESS ®r S % A/ E s 45 _61?s ( � c A sketch of proposed property and structure must be drawn on the back of this form or attached, showing the following: 1. :North Direction 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 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. y/ DATE ` ! SIGiNATURE (APPLICANT) Approved Denied by the Zoard of Appeals Subject .to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Tollowing Conditions: date Approved Denied__ by the Council on Subject to the Following Conditions: date Form PC 100 I 1 � � o 1 n o N m � ' - -- r--- bd i r j Thomas Annett SP #71-04 � !, L. 17, Bl. 2, Bennett Palmer Add. Second Garage i J _ fI l l n/� r S �6 ' / 36. &F Land Planning ���C' C �(t�C � 6875 Highway No.65 N.E. Land Surveying a g'e (,� Minneapolis, Soils testing , ) Pe Minn. 55432 Civil Engineering Telephone 784-6066 Municipal Engineering Engineers & Surveyors Area Code 612 Certificate of Survey. - for 1101 AS ANNETT 1 Corner tzl?S on PC l� lf0{1�i:�.G i9,ZFJ Air- (u^ iJ LIJ I t� �, L l I ►,` i �!1 3• WT q BLOC�� r . BEW ►SETT PALMER ADO �_TkOW 1 1 hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and of the location of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 1G"'day of h��+ A.D. 191L. SUk3UZBAN ENGINEERING, INC. Engineers Suryeyqrs Land Planning SuArtdwn6875 Highway No.65 N.E. Land Surveying 1 �i �+ Minneapolis, Soils Testing % ) ��'• Minn. 55432 Civil Engineering (/ Telephone 784-6066 Municipal Engineering Engineers & Surveyors Area Code 612 Certificate of survey. for M tiHOM Acj AWNETT co-o<r t 2Or, on ILI r � .r^,t,F,•a�.t, x.25 lig 'Q ' 1 f14.5 � T W Q � •v In: T �� I � ,�, � � Ll • il: iy O i� I -- -- -- r_. � 9 O 0r\ rr-\C,17\LA'Cy-\C--VA BEH NETT PAL--MER ADO �7i01\1 1 hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and of the location of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 'i01�_day of h c" A.D. 191L. 5UBURMAN ENGINEEI?ING, INC. Engineers Surveyors Lz` by OFFICIAL NOTICE 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, May 19, 1971 to consider the following matter: A request for a Special Use Permit (SP 471-04) for Thomas Annett, as per Section 45.051, 2A, Fridley City Code, to construct a second garage on Lot 17, Block 2, Bennett Palmer Addition. Generally located at 5949 Fourth St. N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: May 5, 1971 May 12, 1971 �O 7,37 F, V' � M P ,\ � \ G'V - � �✓'�' _l-4 j.� Vzf.4.:__ �b.d ..��%,TL 29 — —�_ \D°�G �.3 , U LI'D. --- d\'D ?7 26 A (: �2 C V° ANNETT, THOMAS SP #71-04 {pB1. 2, Bennett-Palmer Add.2nd 1 garage. � ��/ ate- r l Y �2� l� ?z _6 .� �' oil we,.rw� :d' 17 s n ro LL ,e V° �o �.`�o?' *�' _.._-• �;., a �9 lt: � 0 _ t y p = _ 0 / AI- � . /s OI 9oesa.'ua. ,j.vs w. �s .� x e6 /�e.:f � .96. '%lSZS ,....,......• 5 �q c 7c, `."'Lt�> p'0 _ L T Ir 11 :xz I• h w+. +�17 � �" �"� �yq�� � ,�,Gj�► a �. r5q �= lie 61 - - •� h gyp_�y 'J 7(V2 ,,35.9 — J_•. .. �� --' -- -a�; '`� h-�5=' � � ��/s � --E�,y, �� a yq'J7•-/`O rya � �'°' ,0_�336 9 •goo h°`�a q� By %� ,��~ 1.IV i � "1•/`T q- � c�: a �73 .39f Y�36 E7 ^ fOnT• �>��'%J �; �. r r J6.66 Asa >us .s a � ^ y `$ X [ON *, f3r'Ri LAS oil. �... 64 �I W'I b _27 �, z� , ,yo`Cba nDI -....--J� �'J �(: � •j �:i u���V�^ � '�,(=�Ob `c e�/ —ZS� y /•.1 •J�..i...._ 1,7.,r . .f�,5 • 7 ' 6 a -.=3 /Je of � s„_ ,.�r.rj}.'v /3n:.•s {� � � - -- Zai' _- � � �. v, /-vv • i� V �+-1-.lEf/_. /16.6/ /,�f 6/ r Lo �. 0, r h 10 \ ,°i Y D , tM, : v ,.,aJs � No .�' , - 3 r E s"'"• tit 0 7 t Y'-' Yf. _ .- /sn.�-- 'l_:..5_...�..... t >. Public Hearing before the Planning Commission: Mailed: May 3, 1971 Public Hearing: May 19th Roger Ocel 5948 5th St. N.E. Fridley Richard A. Johnson 5940 5th St. Fridley Margaret Seefeld 5956 5th St. Fridley John Carraher 5941 4th St. Fridley James R. McCormack 5950 4th St. Fridley Harold J. Weinreich 5957 4th St. Fridley, Minn. Thomas Annett 5949 4th St. Fridley This is to cortify thrt I have lool.ed nt the suivoy of 55'49 4th Street 7Ttl t `"live r1V to build or. "s rl procc ty with .r the unc?erstr�nd"n; th?t if future drive is rut in between endsting ar"ge r d lot line the t ocou,.):- '.o tr.>_ll not drive on ray property or pile r:o : Oil Scale. c� 7r Notorized V LUCY F. LA:S, No.fry Fug±ic, Hennepin County, h"inn. Pa?y Corn—rOssion Expires April 8, 1972. Planning Commiati.on Meeting - May 5, 1971 Page 2 that the vacation would not affect that area. There are no utility problems. He felt there should be a turn around on 78th Avenue near the railroad tracks as 78th Avenue probably would never be vacated. Mr. Schmedeke did not see any reason to deny the request being that the owner is asking for it and there are no problems in connection with utilities. The Engineering Assistant felt a cul de sac should be provided with a 60 foot radius as that is the required size for an industrial area. Fifty foot radius is standard in residential areas. MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission recommend approval to the Council of the vacation request, SAV #71-02, Juster Enterprices, Inc., Leonard Jus ter, President, to vacate the alley in Block 3 and Hickory Street between Blocks 3 and 4, Onaway Addition, and provision be made for a 60 foot cul de sac at the West end of 78th Street. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONFIRM PUBLIC HEARING DATE FOR SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: 5949 Fourth Street - to build a second garage per Section 45.051, 2A. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission confirm the public hearing date of May 19, 1971 for the Special Use Permit request, SP #71-04, by Thomas Annett to construct a second garage at 5949 Fourth Street Northeast under Section 45.051, 2A of the City Code. Upon a voice vote, all voting aye, the motion carried unanimously. 3. REQUEST TO APPROVE CONCEPT OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT, ROGER LARSON: North 813 feet of the East three quarters of the NEh of the NE14 of Section 13. Chairman Erickson recalled that this property was rezoned R-3 about two or three years ago. At that time an apartment could be built for every 2,500 square feet. Townhouses require 3,000 square feet. Ordinance No. 443 was adopted on December 15, 1969 but tke publication was to be held up until certain agreements were signed. These agreements referred to the Southern most part of the property which was to be deeded to the City except 160 feet which could be used as density. Darrel Clark said he understood the probate court would be able to release the portion to the City prior to settling of the entire estate. He did not believe the petitioner was the fee owner yet. In discussing the rough drawing of the townhouse development planned for this area, the first impression was the area was full of buildings and parking lots. Chairman Erickson said the townhouse section of the ordinance is a new one. It was not studied by the Planning Commission, but was added after the Commis- sion finished their study. The ordinance permits townhouses in Fridley. If a preliminary plan is up for approval, the landscaping, etc. has to be shown. This plan does not show it. He felt the Commission would be within their rights to acknowledge the fact that the townhouse concept is all right in this area, but did not approve this one because the information furnished was not adequate. PLANNING COMMISSION MEETING MAY 19, 1971 8:00 P.M. PAGE 1 The meeting was called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members present: Minish, Zeglen, Erickson, Schmedeke Member absent: Fitzpatrick Others present: Darrel Clark, Engineering Assistant, Peter Herlofsky, Planning Assistant ORDER OF AGENDA: Chairman Erickson called attention to the addition of two items and stated the Agenda would be taken in the order as written and amended. APPROVE PLANNING COMMISSION MINUTES: MAY 5, 1971 MOTION by Schmedeke, seconded by Minish, that the Planning Commission Minutes of May 5, 1971 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES : MAY 6, 1971 MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meet- ing of May 6, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: MAY 11, 1971 MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the minutes of the Board of Appeals meeting of May 11, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: Lot 17, Block 2, Bennett Palmer Addition. To construct a second garage -- Section 45.05.1, 2A. Mr. Thomas Annett said the neighbors did not seem to object to his building a second garage. It would be a sort of novelty building with a roof of cedar shakes. He needed a second garage for storage, especially for his boat. He had a certificate of survey which indicated the position of the second garage to be on the South. Chairman Erickson said he drove by Mr. Annett's residence. He wondered about the access to the new garage meeting the sideyard requirements of the Code. Mr. Annett said if he put the garage on the North side, it would be out of the question for him to use it there. In his arrangement for the garage on the South, the driveway would pass by the present garage, and the width of the driveway, according to the survey, would be 7.4 feet. The standard width of a driveway is 8 feet. Planning Commission Meeting - May 19, 1971 Page 2 r- - Mr. Annett said there is a fence between his lot and the neighbor's, and the present driveway is blacktopped. Mr. Schmedeke said he did not like narrow driveways and felt Mr. Annett would have trouble getting a vehicle to the garage with so little space for maneuverability. Mr. Annett felt that because the neighbors signed the second sheet of the application, it constituted their approval. Chairman Erickson explained that there would have to be a statement indicating the fact of approval at the top of the list of names in order for it to be a bona fide statement of approval. He continued that the Planning Commission is also concerned with the neighbors as well as the sideyards. He asked that Mr. Annett bring the certificate of survey to his neighbor on the South, Mr. Carrahar, and ask him to sign the certificate of survey and bring it to the Council meeting on June 7, 1971. MOTION by Zeglen, seconded by Schmedeke, that the Planning Commission recommend approval to the Council of the Special Use Permit, SP 1#71-04, by Thomas Annett, to construct a second garage on Lot 17, Block 2, Bennett Palmer Addition per Section 45.051, 2A, subject to getting a notarized statement from the neighbor to the South indicating he recognizes the location of the drive- way and has no objection. Upon a voice vote, all voting aye, the motion carried unanimously. 2. LOT SPLIT REQUEST, L.S. #71-07, PDQ STORES OF MINNESOTA, INC. BY CHARLES WEST: Lot 5, Block 1, Maple Manor Addition - to split in half for two building sites. Mr. West was present. Mr. Schmedeke, Chairman of Plats & Subdivisions-Streets & Utilities Subcom- mittee reported that the Subcommittee approved the lot split at a meeting earlier this evening. Lot 4 is owned by the same party who owns Lot 5. Twenty- five feet of Lot 4 extends North and abuts Lot 5 at the Westerly edge. The Subcommittee felt if Mr. West could get an easement over the 25 feet for drive- way, it would make the lot to the West in the proposed split almost meet the area requirements of the City for a lot. PDQ Stores plan to put their building on the East half of Lot 5. Taking into consideration the fact that there is no possibility of acquiring more land to bring the lots up to City Code, the Sub- committee approved the lot split recommending that the Westerly lot obtain an easement for ingress and egress, that the PDQ building be placed on the Easterly half of the lot, and the existing easements for utilities remain the same. Darrel Clark showed on the map of the area where the 25 feet of Lot 4 abuts Lot 5 and explained that it was put there at the time of platting to con- form to parking requirements. In the plat there are several instances of this kind of planning and for the same reason: If an easement on the West 25 feet were granted, the driving facilities for the Western half of Lot 5 would be outside the boundary lot line. There is a possibility that a building could be added on to the proposed PDQ store if a buyer for a compatible business was secured. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 12 DISCUSSION REGARDING SEWER SERVICE PROBLEM, 5310 4TH STREET NORTHEAST: Councilman Liebl reported that Mr. Flentie has hired a contractor to complete the work on his own line. MOTION by Councilman Liebl to receive the report from the Director of Public Works dated May 28, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 19, 1971: 1. REQUEST FOR SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: Lot 17, Block 2. Bennett Palmer Addition. To construct a second garage. Section 45.051, 2A. The City Engineer said that the Planning Commission recommended approval subject to Mr. Annett getting a notorized statement from his neighbor stating that he recognizes the placement of the driveway and that he has no objection. He questioned the close proximity of the driveway to the house and the property line. MOTION by Councilman Liebl to concur with the Planning Commission and grant the special use permit subject to his getting the notorized statement from his neighbor. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. LOT SPLIT REQUEST, L S #71-07, PDQ STORES OF MINNESOTA, INC. BY CHARLES WEST: Lot 5, Block 1, Maple Manor Addition. To'split in half for two building sites. The City Engineer reported that this property is just east of the hospital and is properly zoned. The property is platted and there is already some con- struction. There are two apartment buildings already built. The lot is about 45,000 square feet and the request is to split the property. He advised that this lot split as requested would not meet the minimum requirements. They would be a little over 2,000 square feet short. Mr. Charles West, of PDQ, said that on the west side of the property there is 25' belonging to Lot 4 where the proposal is to put in an apartment building. That land is owned by the same people. -The apartment would be using this 25 feet as a driveway. The lot, after the split, would not meet the requirements, but as a practical matter it would, if you include the 25' easement. PDQ plans to build on the easterly 12, on about 22,000 square feet. The City Engineer said that the Planning Commission recommended approval of the lot split, with the recommendation that the westerly lot has fhe availability of 25 feet of the adjoining Lot 4 to be used as a driveway, and with the recom- mendation that the PDQ building be placed on the easterly half of Lot 5. Mr. West said that they had an agreement drawn up. Councilman Harris asked if the westerly half was sold, would the easement go with it. ivir. West said yes, it would be a permanent easement, filed and recorded with the deed. He explained that this 25 feet is the only access to Lot 4 in back, and they had to keep it with Lot 4. The City Engineer asked if PDQ is buying the whole lot. Mr. West said an investor is. The egos RJ�q will have it's own driveWay QptQ Osborne Road. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 11 Councilman Liebl asked how it would be paid for. When sidewalks were put in on 61st and on Mississippi, the people were assessed. If state aid funds are used to pay for the sidewalks in this case; is there a legal problem with the people that have already been assessed for sidewalks in other areas? The City Attorney said that there is no legal problem. The Council has the right to assess. Each decision is made independently of every other, by the Council. The previous policy was that home owners would pay 1/3 and commercial and industrial would pay the full cost. Since then the Council has adopted a sidewalk policy since the change in the law concerning state aid funds. Councilman Harris added that since the change was made in state funding it allows those funds to be used on side- walks. Councilman Liebl asked how many trees would be taken. The City Engineer said that about four trees would have to be taken. These trees are within the right of way. Mr. Robert Metcalf said that he was a resident on the south side of the street. The discussion so far has concerned sidewalks, but he felt that the street should also come from general revenue funds. The main purpose for the road is for school buses. This is the first connection between University Avenue and Central Avenue north of I. 694, and it is now being made a faster, wider route. There- fore, it would be considered a benefit to the City. He felt that their property values would go down, and they have the disadvantage of faster traffic. Mayor Kirkham said that this would be contrary to the policy followed by the City for several years. Everyone is assessed for a normal residential street. If the improvement goes beyond that of a normal residential street, the difference is made up out of state aid funds. The City Engineer explained that by putting the sidewalks adjacent to the curbing will require more shaping and revamping of the driveways. They would have to be depressed in some areas for drainage. Mr. Earl Hoyne, 820 West Moore lake Drive, felt that it would be better to reduce the sidewalk to 4' rather than 5' . He felt the need for 5' sidewalks was doubtful. He pointed out that they were 4' on Mississippi. Councilman Harris said that the 4' sidewalks on Mississippi Street were not adequate. He did not want to see a l' separation between the sidewalk and the curb. Salt would get on the grass and the people would have trouble growing anything in the l' space but weeds. Bloomington has made their sidewalks 5' adjacent to the curb line. Mr. Hoyne said that initially he did not feel sidewalks were necessary, but if the school board and the City feels there is a need, he would favor Councilman Kelshaw's plan. Councilman Liebl asked Mr. Hoyne if he would keep his sidewalks clean, because ho did not think the City would. Mr. Hoyne said he would, but he doubted if everyone would. Councilman Liebl said that it would be an added burden and they would be plowed after everything else is plowed. He said that at this time he did not believe it is mandatory to have sidewalks in residential areas. They are only needed in heavy traffic areas,.such as Osborne Road and Mississippi Street. THE VOTE upon the motion, being a voice vote, Kirkham, Harris, and Kelshaw voting aye, Breider abstaining and Liebl voting nay, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a tRcess at 10;10 8R ting was rsconvgp9d at 10:30 P.M �