The URL can be used to link to this page

SP75-04 � � � I Y��r y!d'y _`� ,4 w � k�f� �x R ;�'S,.i M1y 'R• �Y��9 i� �. 'fid w .. d VA AM- "M '> z t rr.'ef pa" w n a ,� � a z m��` �u �s r ✓o-�';c�'��v �„ &'� t `�,�'*,r�rB'a'§Y� �G "'s?k�"",�e.,F��r.>t�'�'-. ? 6.: •.x�x "V�p ,�y•�xFr7x n`La'r � ? 1 y ' 'y xa a 3 z c r a�1 s ��,� �� a t r 'air � a:- f�, .. y F a x 5 :+ ..� "r.. fw .2 2 r - x { r i• i 4pt,,s a 7 e ".? � 4?� P $Ti F rt { P .t"✓r' yay d ,,. ,s ,ct`"W a � d:.r" „rr iii9m�a :a$ 4 e d x s 'v=, 5 r Y.& `✓ A ,,'-0. .4 r y, titk 1-y Iff %RFAKII,�S vex ix y �'�� ,x, �#, tr ,�;d4 m {"cY jv 5,+� __. � ek +gym �4✓' icy 'tr ,z;`+ t�rc�", ti,` �'� �' Ar ir: S xa ;.r n J '#`r r ♦ �,{. ?* �.,�,sv�, x-Y �"'�"y w � ty �.� � � s o ✓�L b s t nY t: -r y*� +��ya�'�+.�ksH�w Y,�e a..'. '. ✓+ f ¢' ,�1a "R��s�.4 ., r b_.� s{�t� S. �r'34.us�,y! � �- �3?"e� s a � �„ � 4.i' �i �, L��s� a'�y '!4� .v Y�4' 'fs* 9� ;, r'U *y�.,�''x¢�y. YU r. �. d '✓ `�" �`ri .: �r�a �, L � t �ab v�' ��s� �"��y� �...>, al. 3N i on thtr6, z .g^�'S'"x' � r $4 F r ,gyp re -+' xu #, �* k''$y ,` " Fi 4 y N p n r F £ � xw r u YSL L ✓s Ev a�" 1 t i„ �+ l.cx}'••,. �� t 4 4 S� t+t _"z� t,d- � t s�{ Y>- �g^ Wrly„i �✓ : 0 �9+ ^ '�'�s'; � a "�., �� .�, � r •Y � n 3�c.4''n,�'a.Y s ' ' �' �`4'�' ' �J � A, '},.k +;, a�` # , c .sdMMIPI ,,. r°. �d, � L r Y r n,_ ,$ s�' '! L LL•�-crx,.t Ike { ti i` s � ,,,(N' L x �,' s t . _ rMl .�' r`? a' ikr i LT, y. £ "VfT' vy w r' i . N � '� >4� i�:^La s 4,. � � F y �' $*ys �� t��p,��.,?✓$ fir + �' r .,•,� ., _?ek''�+,,h4 - v .� Yr - 'f?'�'Xy"'r •��,J'w�'�{3+;�,"" ��?�t ?s�'+r'rs � '�,, �� r�i r r'd�' ,E.�f"�` t r ki a 3 '�`� ks�r^#��"�,KG�� MIR ,t✓51 4 *;�Ytr_ ;1, ti; r ,� ..�f..f ,? .,'� F s �.. ''rw 404 mL� s" ` w a Yx U,- r _% ✓ 9-, *erp+rtn rs M, k !a�j�,� k a �` rd� �' ^ �, '�c�a's A F t db '.S��y..� .. .;�,..e��.3�'.,. H �� n��-.m.(��..,�t�..�...,kf`„kms a��.�..;.,.,.�.xv�a:�i`.._�.a.,J a.,s. t ^.,�_.,P �,.aC� s�' 'r'�''�. �•,r;.: + CITY OF FRIDLEY MINNESOTA PLANNING AND ZONING FORM NUMBER A5 TYPE OF REQUEST APPLICANT'S SIGNATURE Rezoning Address i no k-e CU'fk _ Special Use Permit Telephone Number �� (�� j Approval of Premin- inary & Final Plat PROPERTY OWNER'S SIGNA`T'URE �ty-d � �' Streets or Alley Vacations Address 137c) P C,ce`� 1�� p� Other Telephone Number --7D4—SOy-.� . �I Feed Receipt No, Street Location of Property rC ' 2cct4 Legal Description of Property Lv% /111 i. s . e Present Zoning Classification Existing Use of Property e S/,6E J-rJ19 - Acreage of Property Describe briefly the proposed zoning classification or type of use and improvement proposed ff[T,J Sri, 0:Rft SI Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or specital use permit the subject site or part of it?_ges_ no. at was requested and when? �- -� The undersigned understands that: (a) a list of -all residents and owners of property within 300 feet (350 feet for rezoning) must be attachedCached to this application. kb)' This application must be signed by all. owners of the property, or an exp lanation 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. S. Location and use of adjacent existing buildings (within 300 feet). II T'he undersigned hereby declares that all the facts and representations stated in this application are true and correct. . DA'I"f! (j.� SIGNATURE (APPLICANT`)-- Date Filed ��7b Date of Hearing G/Is- i Planning Commission Approved'/4//15 City Council Approved (dates) Denied (dates) Denied � � , ��s � C�, C�� (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, June 4,1975 in the Council Chamber at 8:00 P.M.for the purpose of: A request for a Special Use Permit, SP #75.04, by Thomas Miles,to construct a 20 ft.x 35 ft. greenhouse, Per Fridley City Code, Section 266.051;3, A, on Lot 16,Auditor's Subdivision No. 22, zoned R-1 (singlet family dwelling areas) all lying in the South Half of Section 13, T-30, R-24,City of Fridley,County of Anoka,Minnesota. Generally located at 1370 Rice Creek Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. RICHARD H.HARRIS Chairman Planning Commission (May 21;28,1975)—S.B.6 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: 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, June 4, 1975 in the Council Chamber at 8 : 00 P.M. for the purpose of: A request for a Special Use Permit, SP #75-04, by Thomas Miles, to construct a 20 ft. x 35 ft. greenhouse, Per Fridley City Code, Section 205. 051, 3, A, on Lot 16, Auditor' s Subdivision No. 22 , zoned R-1 (single family dwelling areas) all lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1370 Rice Creek Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: May 21, 1975 May 28 , 1975 f i I ' ; (4-00 2 12 % 3. 42 o.a•.:. 3 .33 IT" '. _ .ZS /,7.f:;t Sy.•a?.` 7 S o - AVE. Nk ADD. /,ZS /If 141.1 ;JfIfQ 7f _r I Lr3Cgl t220� r1140) (/060>eF w1L 9 .' Ca 17 e - h .—1-+-_�-1,�.-RO.E.S I I RC,E A+T tb ° ^ 3asge i (e60) (1/80) (/00) (/020) (940/ 3AF97 0 14 Oi y f :F� —tS-- -- /sf 'R E EX a %:a Q ADV - -- - _— Jt k /f�9 30 7• N 'O b JP rs aoar /97_fS - � 0 !o I v� •:Zz4G h�1- .ase; h Z -ter J Cz2 a� �Z/6o) tiZ065� LB9 W °0 216 15 .�3 hl I � y9 I0 CzOpCyyJ ��'•4'. A _aA N .. +✓ 1\ u y�8 `f a7 Jf Uk N F w •� .jY/a f � Y 3�ess v .,; ,o o`tiet A ,;� 7 q. - 20D> �-'- .9p Gvv.o9 - CS-lf..•.,: .zc�:fP• �• SP#75-041 THOMAS MILES J 1,1001"m &7y-!Mit the construction Co / Cf a greenhouse at N 1370 Rice creek Road N.E. . ... ��A .......... CO 23 2 m ° �J Planning Commission 5 -16 7� MAILING LIST SP #75-04 THOMAS MILES Permit Construction of a Greenhouse, Per Fridley Code, 205 . 051 3 , A. Veterans of Foreign Wars Mr. & Mrs. Robert Carpenter Post 363 6228 Ben More Drive N.E. 1040 Osborne Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Thomas Brickner Mr. & Mrs. Keith Harstad 6241 Ben More Drive N.E. 1315 Rice Creek Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Ronald Nolby Mr. & Mrs. Edward Bauler 6253 Ben More Drive N.E. 1420 Rice Creek Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Herbert Jensen Mr. & Mrs. Edwin Kassow 1450 Rice Creek Road N.E. 1400 Rice Creek Road N.E. Fridley, Mn 55432 Fridley, Mn 55432 Anoka County Auditor Mrs. Dorothy Miles Anoka County Court House 1370 Rice Creek Road N.E. Main Street Fridley, Mn 55432 Anoka, Mn 55303 Mr. & Mrs. Dennis Schlag 6291 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Gregory Stenhoff 6283 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Hartfiel 6271 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Harold Morgan 6245 Central Avenue N.E Fridley 55432 Mr. & Mrs . Orlin Myrlie 6229 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mr. George Skinner 6217 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs . James Skog 6226 Ben More Drive N.E. Fridley, Mn 55432 CITY OF FRIDLEY PLANNING COMMISSION MEETING JUNE 4, 1975 Page 1 At 8:00 PX only Chairman Harris and Mr. Lindblad were present so there Mr. Peterson was expected for this meeting, i rum to begin the meeting. wasn't a quo 9 but he had informed administration that he would be tardy to arevious due p commitment. ' At 8:40- P.M. Chairman Harris said they would start the discussion on the first item on the agenda. - 1 . PUBLIC HEARING: REQUEST FOR A SPECIAL USE PEP,MIT,, SP #75 04 THOMAS MILES: 1 To allow construction of a 20 ft. x 30 ft. greenho , per idley City Code, Sectio , n 205.051 3,A, to be located on Lot 16, Auditor s Subdivision No. 22, zoned R-1 (single family dwelling areas) . the same being 1370 Rice Creek Road � N.E. i e - Mr. Thomas Miles was present. Chairman Harris explained that the Public Hearing couldn't be opened until they hada quorum. � Y Mr. Clark explained that on Friday, May 2, 1975, Mr. Miles was in our office, as he was previous s to that date, asking about building a greenhouse. We never discussed that location or the size of the greenhouse. Mr. Clark continued that he improperly assumed that Mr. Miles was talking about a typical greenhouse that } you see in the rear yard of some residences in Fridley, On May 5, which was a f Monday, someone from our City staff drove by 1370 Rice Creek Road and called it to our attention where this greenhouse was being constructed, which was in the .when he researched the said that front yard at 1370 Rice Creek Road. Mr. Clark . Miles had°obta es fined a building � i records, he realized it was the greenhouse which Mrput a stop work order t and P went out p permit for on May 2nd. Mr. Clark said h_ then p a variance u on this construction, and informed Mr. Miles that need to request q he would for the location of this greenhouse which would be 33 feet from the street right of way, and a request for a Special Use Permit, because this was a second accessory building that was over 240 square feet. Mr. Miles made both these requests , and the variance was commended for approval by the Board of Appeals subject to the Special Use being approved. Mr. Clark said that Mr. Miles had originally asked if he could grow planting stock and sell it. Mr. Clark said he told him that he could not. Once Mr. Miles was delayed, he decided he might as well ask for the Special Use Permit that would allow him to do this, and that was what the Planning Commission was hearing at this meeting. Mr. Miles was asking to construct this greenhouse and then be allowed to sell planting g stock from this greenhouse. He said that there were no neighbors at a the Board of Appeals meeting objecting to this request, and there was no one present at this meeting w anyobjections.with �ob'ections. Mr. Clark said that if Mr. Miles was granted this Special Use Permit, he though it should be stipulated that no one outside his immed- iate family 1 could be hired to help Mr. Miles grow this stock, and he shouldn't be allowed to bring stock from other location to sell from this greenhouse. He should just be able to sell what he grows himself. Charman Harris said this should be operated as a typical home occupation. Planning Corranission Meeting - June 4, 1975 Page 2 Mr. Miles said he thought ter. Clark had explained his position quite well , but in regard to the stock, he would have to purchase the parent stock to get this grec:;:lhouse going. He said he would like to get this Special Use Permit as soon as possible, because he already had invested over $1 ,000 in this project. He said he already had most of the structure up. He said he had drawn a rough sketch to obtain the building permit, and it had been issued, so he had started construction right away. He said this s',:- ch did show that it would be in the front yard. Mr. Clark said the staff did make the error. Mr. Miles was granted a building permit, and he did get permission to go ahead, which he did in good faith. Mr. Clark said part of the reason the error was made was that both times Mr. Miles came into the office at City Hall , there were about five people at the counter, and we were trying to help all of them at the' same time. He said that if more time had been given to Mr. Miles , and the location had been discussed, we would have known-right away what he needed before the building permit was issued. Mr. Clark. said that when he was given the building permit to sign, he did look up the roof design, and stipulated that the roof load had to be 10 pounds per square foot. Mr. Miles left City Hall on Friday with the building permit, and on Monday, a ;stop work notice was posted. Mr. Clark said that he didn' t think the Planning Commission and Council should grant this Special Use Permit, just because the staff made an error. We made an error, and we just have to accept that. He said that legally, Mr. Miles has stated that he already has an $1 ,000.investment in this construction, and it was already half up, so we might have some responsibility there, if this was denied. Mr. Clark said this Special Use Permit should be considered as if the construction hadn 't been started. Mr. Miles said he had discussed this with the neighbors on both sides of this property and they had no objection. Mr. Clark said they have a written, agreement: from one neighbor. Mr. Harris asked Mr. Miles how he proposed to sell stock .from this greenhouse? Mr. Miles said heintended to sell from the site, and he worked for a wholesale florist and thought he could sell some of his stock there. Mr. Harris asked how he would get people to come to this location? Mr. Miles said p he would put u a small sign on the greenhouse. He said he didn' t id he thought P., think parking would be any problem- because they have a large lot with two horse shoe driveways. Mr. Clark said they had between 400 feet to 500 feet of driveway on this property. Mr. Miles said he w propagating would be his own stock from parent plants. Mr. Clark said the house at 1370 Rice Creek Road sits a long way back from the road , as does the house on Lot 15. He said the house on Lot 17 faces Central Avenue and was quite close to Rice Creek Road. Mr. Clark said the reason for the location of this greenhouse was because the greenhouse the lot was heavily wooded. There was a row of evergreens between 9 location and the street. Just beyond the greenhouse, there were a lot more trees which makes a very shaded area. Where Mr. Miles wants to locate this greenhouse was the only open space where this structure could get the sun. Mr. Wyman Smith, who was present on another request, pardoned himself for butting into this request, but he said as far as he knew, there should still be a statute on the books that permits anyone raising farm produce to sell it most Planning Commission Meeting-_June 4, 1975 _ Page3 i any place, and he thought that still applied. He said he knew the present zoning codes may have had some modification, but our original zoning codes, and the original zoning codes for all communities , did have greenhouses as an allowed use in a residential district. ' Mr. Harris said it was the size of this greenhouse that required a Special Use Permit. It was over 240 square feet, and it was a second accessory building. Mr. Richard Wallin, 6761 Madison Street N.E. , a friend of Mr. Miles , said that this was just a temporary building that would only be up about five years. fair. Harris asked if this would be anchored down. Mr. Clark said it would. Mr. Miles showed the plans for the greenhouse. There were posts that would be anchored in the ground. The building had metal hoops that would be draped with a special plastic for greenhouses. Mr. Clark said the definition in the City Code doesn' t differentiate �tv,cen a temporary and a permanent building. Mr. Peterson came to the meeting at 9:00 P.M. and Mr. Harris said they could now follow normal procedure, as they had a quo'.�um. CALL TO ORDER: Chairman Harris called the meeting to order officially at 9:00 P.M. ROLL CALL: Members Present: Harris , Lindblad, Peterson Members Absent: Drigans, Meissner Others Present: Darrel Clark, Community Development Administrator James Langenfeld, Ex-officio Mcinber MOTION by Lindblad, seconded by Peterson, that the Planning cormnission.. open the Public Hearing on the .request for a Special Use Permit, SP #75-05, by Thomas Miles. Upon a voice vote, all voting aye, chairman Harris opened the Public Hearing officially at 9:02 P.M. Chairman Harris brough Mr. Peterson up to date on the discussion. Mr. Peterson asked. if there was any objection from the neighbors on this request. Mr. Harris said no. Mr. Clark said Mr. Miles was a student at Anoka Ramsay studying horticulture, and he wants to practice this at home. Mr. Miles said he intended to transfer to the University of Minnesota to continue his education in this field. Mr. Langenfeld said he had one question for curiosity' s sake. He asked Mr. Miles if lie had insured this greenhouse"? He said he was an insurance underwriter and he thought this would have to be insured as a commercial venture. Mr. Miles said he thought it was covered under homeowners insurance, and he thanked Mr. Langenfeld for calling this to his attention , and he said he would check on this . because it would be quite a large investment for him to lose. Mr. Lindblad asked Mr. Miles if he would agree to dismantlb this greenhouse . Planning Commission Meeting - June 4, 1975 Pale 4 and dispose of it, if he should quit this business, and not use it for any other use than as a greenhouse. Mr. Miles said that was all he intended to use this building for, and if he went out of business, he would sell this greenhouse. i i MOTION by Lindblad, seconded by Peterson, that the Planning Commission close `P the Public Hearing or. the request for a Special Use Permit, SP #75-04, by Thomas Miles. Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 9:10 P.M. MOTION by Peterson, seconded by Lindblad, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #75-04, by Thomas Miles, to allow construction of a 20 ft. by 35 ft. greenhouse, per Fridley City Code, Section 205.051, 3, A, to be located on Lot 16, Auditor's Subdivision No. 22, zoned R-1 (single family dwelling ares) the same being 1370 Rice Creek Road N.E. with the following stipulations: 1. No on-street parking be allowed on Rice Creek Road for this operation. 2. When_ this is no longer used as a greenhouse, it must be removed. 3. The greenhouse be propertly maintained. 4. Petitioner only be allowed to sell products he propagates in this greenhouse. 5. This be considered as a home occupation, and no one outside the immediate family be allowed to work in this greenhouse. UPON A voice vote, all voting aye, th: motionion carried unanimously. 2. PUBLIC HEARING: REQUEST FORA SPECIAL USE PERM T, SP #75-05, BY WIN STEPHENS DATSUN NORTH: To permit the sate of new andu ed cars, per Fridley City Code.. Sectio, 205.101, (3,B) and (3,G) in a C-2 zon (general business areas) to be located on the North 126.01 feet of the East 00 feet of Lot 3, Block 2, and feet the South 173.99 et of the East 200 feet o Lot 2, Block 2, all in East Ranch Estates 2nd Addition, the same being 810 University Avenue N.E. Mr. Wyman Smith, Mr. Roland Benjamin, Mr. ob Schroer and Mr. Tim Hol were present. MOTION by Peterson, seconded by Lindbla , that the Planning Commission open the Public Hearing on the request for a Spe 'al Use Permit, SP #75-05, by Win Stephens Datsun North. Upon a voice vote, 11 voting aye, Chairman Harris declared the Public Hearing open at 9:1' P.M. Mr. Clark said that basically this w s the same operation that they had been discussing for some time that was to hav been located at 7701 East River Road, but now it was going to be a completely diff rent location. The petitioner has withdrawn his request for the old location, and this new location was going to be just north of the Town Crier Pancake House. H said there were a couple of items that: the petitioner would have to take care of before they could start construction, if this Special Use Permit was approved. One was, that they have to appear before Building Standards which was was sche uled for June 5th, and the other was , that they would have to apply for, 'and get app oval for, a lot split or a plat. The Planning Commission have previously approved of splits for both the pancake house and Capp Homes , and this location fits at plan which Mr. Schroer had shown us, and which might go into effect at some uture date. 255 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 14 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 4, 1975: REQUEST FOR A SPECIAL USE PERMI SP.=0775�44, AS MILES TO ALLOW THE CONSTRUCTION j OF A 20 FOOT GREEN HOUSE, PER FR I , SECTION 205.051, 3, A, TO BE LOCATED ON LOT 16, AUDITOR'S SUBDIVISION N0. 22, ZONED R-1, SINGLE FAMILY DWELLING AREAS R THE SAME BEING 370 RICE CREEK ROAD N.E.: The Public Works Director said the location was on Rice Creek Road east of Old Central. F 3 He said this is a large lot and the green house would be located in the front of the house so they would not have to remove any trees. He said the Planning Commission ! recommended approval of the request with a number of stipulations. He read the stipu- lations from the minutes of the June 4, 1975 meeting. The Public Works Director said Mr. Miles was present to answer the Council 's questions. Councilman Starw3lt said he had looked at the area and questioned what would happen F with the drainage of the area. Mr. Miles explained that there would be adequate + drainage with the sand in the area and during the winter months he would be heating the greenhouse with a 200,000 E.T.U. furnace and there would be no ice build up. J He said he had checked with the manufacturer of the greenhouse and had conformed this. Councilman Starwalt questioned the driveway system which is shared with the abutting t I e would be no problem, there is room for 10 cars property owners. Mr. Miles said ther in the driveway. He said he did not plan to have so much business that this would not be adequate parking. Councilman Starwalt explained -that when the applicant had come to City Hall to get the permit, it was issued without realizing the construction would be in the front yard. t feel the greenhouse was very obvious because of the wooded Mayor Nee said he did.no nature of the area. Councilman Starwalt indicated that the applicant did not plan to bring in items to ; sell, they only would sell those items grown in the greenhouse. Mr. Miles said he would have to buy stock plants. Mayor Nee questioned if this was to be a temporary structure. Mr. Miles said this 1 would not be any problem. He said •to move the structure, they would just have to pull .up the stakes. MOTION by Councilman Starwalt to approve the Special Use Permit for the construction of the greenhouse at 1370 Mice Creek Road as requested by Mr. Thomas Miles with the stipulations recommended by the'Planning Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Planning Commission meeting j of June 4, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 27, 1975: A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CO E AS FOLLOWS: (1) SECTION 205.103, 4_, A2, TO REDUCE THE SETB CK REQUIRED R A M IN BUILDING FR M A PUBLIC RIGHT OF Y M N E, D 3, 05: T REDUCE THE SETB CK REQUIRED F R MAIN BU LDING FROM A PUBLIC RIGHT OF WAY FROM 80 FEET TO 54.55 FEET ON THE WEST SIDE, NO 3SECTION 205.103, ,42, TO REDUC E THE SETBACK RE UIRED F R M IN BUILDING R M A PUBLIC RIGHT WAY FROM 80 FEET Vill THE NORTH SIDE, ALL TO ALLOW THE CONSTRUCTION FAN OFFICE BUILDING WITH ACCESSORY 'WAREHOUSE SPACE 1BE LOC TED N LOTS 1 BLOCK 4, GUNDERS N TERRACE DDITION, THE SAME BEING 7521 CENTRAL AVENUE N.E., RIDLEY, MINNESOTA REQUEST BY A.J.L. & S. NVES MEN 00 N RSITY NUE There was no action needed at the curre t meeting on this item. A REQUEST FOR A VARIANCE OF SECTION 20 .154, 1, FRIDLEY CITY CODE, TO ALLOW AN ACCESSORY BUILDING kGREENHOUSE T U R YARD AS REQUIRED AND 'SE1'BRCR �' 0 - FROM 77 FEET TO 32 FEET TO ALLOW THE CONSTRUCTION OF AN ACC 5SOR �� BUILD! G 0 T BY 35 FEET TO BE LOCATED ON LOT 16 UDITOR'S SUBCIVISION #22, THE SAM BEING 1 0 RICE CREEK ROAD N. E., FRIDLEY MINNE OTA. RE UEST BY MR. THOMAS IL S. 13 C �--� CREEK ROAD N E., FRIDLEY, MINNESOTA). 254 REGULAR COUNCIL MEETING OF JUNE 16, 1975• PAGE 13 Councilman Starwalt said he felt his fence was hazardous but it is constructed in actor- dance with the City Code. He suggested several changes in the distances that the fencing should be plated from the street in this kind of case and said this case is not as bad as ! some in the City. He said he was not aware that this had been brought up before and thought that this consideration should be taken care of for a revision in the ordinance of the City as soon as possible. Mr. Richard Harris, Planning Commission Chairman, indicated that this consideration had t not been lost, it was within a large zoning code change consideration that the Planning Commission had currently been working on. Councilman Fitzpatrick said this got into t a large revision of the zoning ordinance. Mayor Nee questioned if it would be possible for the City staff or the Council. to solve the problem. Mr. Richard Kok, 6517 McKinley Street N. E. , addressed the Council and said it was his child that had been hit by a car recently in this area and this is something he did f not want anyone else to experience. He said he wanted the ordinance changed to cover this type of regulation. He said all of the people in the area feel that this is a problem s and they v-nuld like some help in solving this hazard. He added, the people of the area had talker to the owner of t;ie fence and they had not reached an agreement for a solution to the problem. i Mayor Nee asked if Mr. Kok would be willing to pay for the change in the fencing. Mr. Kok .f said he would be willing and he had told the people who own the fence this. The City Manager said the amendment of the ordinance in this case would not help the situation because if the ordinance or code is changed at this time, the fence would still be allowable before the law was passed. He commented that the because it would have been in existance use would be grandfathered in. Mrs. Kok said she had tried to negotiate some solution but the property owner said they would wait. for some recommendation from the Council. She said the property owners feel that this is a hazard. Mayor Nee said he had talked to the property owner and they had indicated that the fence is not against the law. Councilman Fitzpatrick said he had also talked to the property owner and he indicated that he would hrave to say the usage is not against the law. Mayor Nee said he would support a change in the ordinance, but this would not help in this instance.. He said this would have to be negotiated. He questioned what would constitute a safety hazard. The City Attoney said the judge would determine this in court after hearing the testimony of those involved. Mayor Nee pointed out that the property owner had asked the City before the installation : ful and now, the man has made an investment on of the fencing and they said it was law this premis. He said all of the Council would say that this ordinance_ needs to be changed, but he could not see where in this instance they were in a position to proceed with any action. He said he thought the citizens of the area could file a complaint, this is provided for in the fence ordinance. MOTION by Councilman Starwalt to direct the Administration to work with those involved for a satisfactory solution and/or compromise. Seconded by Councilman Fitzpatrick. Councilman Starwalt suggested that the Administration be given a two week dead line. Mr. Kok said the people were looking for approval in their theory that this is a hazard. He said if this would be possible, he would appreciate it. Councilman Starwalt indicated that the current position is as strong as the Council could get at the present time. Mr. Kok informed the Council of the schedule of the property owner for the next two weeks F and advised the Administration to make rapid contact with him. M0710N by Councilman Starwalt to receive the Petition regarding the safety hazard on t McKinley Street. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i UPON A VOICE VOTE ON THE MOTION TO DIRECT THE ADMINISTRATION, all voting aye, Mayor Nee declared the motion carried unanimously. i y