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SP73-02 CITY O>_ FRIOLEY, SUBJECT 0 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT ll FRIDLEY. MN. 5543e (6121571-3450 SP # ADDRESS DATE PLANNING COMMISSION: P.H. DATE '��/,�� APPROVED `� DISAPPROVED;-�-- DATE NO CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE 6—` / —73 NO&: 13 STIPULATIONS:, A �_ y NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY. 44�' PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT 6 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? _yes 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 x y B ..t 3 kki ai 6Y p�' �� F t �'C� tee. a r�i '!� "�� `'+�+ sR "{ .e � � + �2tr•: ('��.r �GG�t�j ^ :is ru k,'" t &_ �u#rf'�•� ,�`'F�,��, % �i4 �< r s� � :. i :•e � �r t ��.x�r�'� a .:i- r�d�'irY a. C�A�`�f'�yam.'` ..m�.. .`'�`w�* ^� t y, `y�.o-'fil sc� . x {.>Mk ,•, ,'e�}f 5 '�y.� :: u `, I n x t�� .. S �?�"�f i' �j' ° l., 4 ;.l } � y�_?76yaq�4 S� iri 1 .{�y�'- 1's �,•��r °x5��„,,,FFFFFe ic, r � 21, 14, MCI R f .F FR x �{"•.PSP r��%, t � to� 7x4 +'-. 1�Y c�d�' K�'�b y � � k r y xsY� ''� Pr^r t.�j"37 t�Yui{ �. ��"�• .,x-�, r. IN_ t � vd t �+x r Y�•. 1;Z ^��x'{ 1� �!e'; �f7' fK� 1 S i t •" !'. as .� f w. i� �t '�n a ..- � '3. u. L a m 44 A R't�_:j x7 P'. ,54 r A. Y ? k �[ + Y.�'y 1 `t Y •h a `9� � r `yE r w rr4tr T' ,g4 Y 1st"'` .gw.yr s } '�--� e >' 6 ..:�"5•� `` �F.t�1� � �t-g..Y,s P,I��Y r � {.4;�,,1` � } �d r1 t �,'�.araz•�.Su�.�e�*':y �.ry�4GR..s�ir".,�t"�:$�tt&�,gr.,Y. ,t'�,;mnf�� 1�1_- °�at�l, r CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA _Resoning p'LANNING AND ZONING FARM _,._.L._._._SPec is 1 Use Pewg1t verience APFLiCANT'S PIGNATUI Z.;� Appro-ol of Pre+ 1 ivinary P14t Adar0se Telephone Number �� S 5"-� APPProvsl olat f Y&44f ee r o Streets PROPERTY OWNER'S SIGNATURE ;9 Gt fiJ 'F` " "'S t Strere e t s o Addross Other Telsphong Number $treo; Wcotion of property. ,Lag41 Description of Property P S89nt toning Classification , I xxi,sting Use of the Property , Proposed toning Classification, Special Use, Var once or other request poscribe briefly the Type of Use and the Improvement Proposed A+cresge of Property11Q.3 "" JV ` Nee the Present Applicant Pre ously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of Itt_,_,,,,,,,�, Whent What eras Requested pee Enclosed $ pate tiled Date of Hearing PLANNING AND ZONING FORM PACE 2 Number The unfersigned understands thats (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 ind addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersigned. Residents and Owners of troperty within 300 feet;' PERS014S ADDRESS r A sketch of proposed property and structure must be dravn on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names S, 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. ►� �' _ 73 SICHATURE (APPLICANT) Approved Denied by the ;oaid of Rppekis iubject ,tg the Folloving Conditions; date Approved Denied by the Plannina Commission on Subject to the following Conditions; date Approved Denied by the Council on Subject to the Following Conditions; date rpm Fq A ys aff� ' d Gi �" a .. C . E . COULTER PL ATT IN IS FARM Su Rb EYS. LAND SURVEYOR CCTe a.OTS C.A ItESNORE REG;5T£QED UNCIR LANDS OF STATE OF MINNESOTA ,�^.,� A� CENSF^ 01 ORCJN-%CEo OF C:T+ OF MiNNEAF'OL'S 1 3300 LYNDALE AVE SO MINNEAPOLIS 8 MINN TAYLOR 4-0370 *Urbepor's Certtficate RUSSELL SCHLEMMER SP #73-02 Blocks 5 & 6, B1 . 14, Spring Brook Park Addition, to construct a second detached _ garage. i I hereby certify that the annexed in a true and correct Tlat of a survey of: y^ts 5 and 6, Block 14, Sorin- Brook Fark, Lnoka Ccurt; , .;ime sola. LS --uinfeyed by me t:zis nth day of . a:c� , 1-96, _ Cnec PrcPc,�I{ LA F- Uj Ca t' J)J . (} C— EJ vj v � ! -s- o "4 _tier r, W ! N�STPK: 'cKES, �3.� I #� r 4 , (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 Planning Commission of the City of Fridley in the,,,,,, City Hall at 6431 University Avenue Northeast on Wednesday,April 18,1973 at a 8:00 p.m.in the Council Chamber for the a purpose of: a A request for a Special Use Permit, r SP No.73-02,by Russell Schlemmer, • per Fridley City Code Section 45.051, a 2 A,to construct a detached second a garage to be used for private vehicles ■ on Lots 5 and 6, Block 14, Spring ■ Brook Park,lying in the South half of • Section 3,T-30,R-24,City of Fridley, a County of Anoka,Minnesota. Generally located at 281 Ely Street N.E. A• Anyone desiring to be heard with refer-" ence to the above matter may be heard at a this time. - OLIVER R.ERICKSON Chairman Planning Commission -- (Apr.4&11,1973)—TC 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, April 18, 1973 at 8:00 P.M. in the Council Chamber for the purpose of: A request for a Special Use Permit, SP #73-02, by Russell Schlemmer, per Fridley City Code Section 45 .051, 2 A, to construct a detached second garage to be used for private vehicles on Lots 5 and 6, Block 14, Spring Brook Park, lying in the South half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 281 Ely Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: April 4, 1973 April 11, 1973 3 �S1 22//1232425 ;:SoJ w.,..y j• ,rt�! /Je�!I•' a is (een, 111 „IRONTQfi STP � A MULL SCHL,EMMR �,. . . .rr • CNDUINA D;t H RWAL z t s . ; i SP-' 73-02 .�s ADJJT/0l'/ I \ Lots 5,6,. Block 14, -•• , sv f9 1..,. Spring B oo Park sl rut3epp j \ 6 w,l t;d. a 14-4 STRtE !. � �,. � :Y7J717)7t,7 711bIC1GfIfCLf!/� 6/GtJllVtsr3.3t3+JJtflJr�r<wmrn.I..Ir s..i.lr ,, ` �� R P-rT i/ \ / • P •� ,�.�;SG 7g f✓J//,1/I N:dK•/fN/Jff1b ,'ZtiJ1t 1f7G:1fIjf31'3/Jtlf!•fw+J71t:11Wlf!MW. • t + a-J `'- ^�a?'r” . RUTH Y , ,� '" : '.~art•i J -N r , p. ,+ + - : i, `1+G i.• / <..) P• —T'�"`r--iii �=9...- R '� r I Q 4 /././r /O -• - _ na i• " ' '3f ;Tr , 1.fo t `1 ! i •---.. 7g)s�ropa/p;,vr n;tij>sir /Ir �• j2341f��7 g \ •9`o;/If1!.f37frsl.L lex •L! 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'-y*r ". •+'• �� ,a+ ,,til a�sO, ar+ a ��: �` 1.. l ``Q \� o r , MAILING LIST Planning Commission 4-2-73 Council RUSSELL SCHLEMMER, SP,#73-02 Lots 5 & 6, Block 14, Spring Brook Park, for second garage. Mr. & Mrs . Lester Russell Mr. & Mrs . James Zukowski 8110 Ruth Circle N.E. 249 Liberty Street N.E. Fridley, Minnesota 55432 Fridley 55432 Castle Mobile Homes, Inc. Mr. & Mrs . MyT.ola Moroz 6279 University Avenue N. .E 289 Ely Street N.E. Fridley, Minnesota 55432 Fridley 55432 Mr. & Mrs . Daniel Baker Mr. & Mrs . Robert Freeman 8125 Ruth Street N.E. 273 Ely Street N.E. Fridley 55432 Fridley 55432 Margaret Midrise & Janie Meyer Mr. & Mrs . Curtis A Walberg 8135 Ruth Street N.E. 265 Ely Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs . Gentry Staggs Mr. & Mrs . Arthur Montour 8121 Ruth Circle N.E. 261 Ely Street N.E. Fridley 55432 Fridley 55432 'Mr. & Mrs . John Walton Mr. & Mrs . Patrick Bauer 8066 Ruth Street N.E. 251 Ely Street N.E. Fridley 55432 Fridley 55432 Mr. Thomas E. Christian Mr. & Mrs . Jerome Sowada 8026 Ruth Street N.E. 243 Ely Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs . Donald Livgard Raymond F. Pauser 8098 Ruth Street N.E. 2644 Washington Street DT.E. Fridley 55432 Minneapolis, Minnesota 55418 Mr. & Mrs . Raymond Hill Mr. & Mrs . Frank Breen 299 Liberty Street N.E. 8025 East River Road N.E. Fridley 55432 Fridley 55432 Mr. & Mrs . Edmund Bristol Stewart F. Kvalhein 289 Liberty Street N.E. 4242 Reservoir Blvd. Fridley 55432 Minneapolis, Minnesota 55421 Alice M. Wood Russell Schlemmer 279 Liberty Street N.E. 281 Ely Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs . Robert Hentges Mr. Donald Hassenstab 269 Liberty Street N.E. Director-Governmental Affairs Fridley 55432 Minnesota Housing Institute 7801 Metro Parkway Eleanor M. Jones Minneapolis, Minnesota 55420 259 Liberty Street N.E. Fridley 55432 Planning Commission Meeting - April 18, 1973 page 7 Mr. Harris asked if the area to the North is part of this project. Mr, Jones said it was just an additional parking lot . Mr. Harris asked what was going to happen to the land where the pool center had been located, Mr. ,Tones said they will blacktop the area and landscape around the sign. Chairman Erickson said the plan for this area should be brought to the City. Mr, Zeglen AMENDED THE MOTION stating the Planning Commission does not approve the area North of the property line in East Ranch Estates Addition. Mr, Fitzpatrick seconded the AMENDED MOTION. UPON A VOICE VOTE, all voting aye, the MOTION carried unanimously. 4, PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT RUSSELL SCHLEMMER: To construct a detached second garage on Lots 5 and 6, Block 14, Spring Brook Park, per City Code Section 45 .051, 2A. Mr. Schlemmer was present . MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission waive the reading of the Public Hearing notice for Special Use Permit, SP #73-02, by Russell Schlemmer. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson asked Mr. Schlemmer if he has a garage now. Mr . Schlemmer said he has an attached single car garage. Mr. Erickson asked him what type of driveway he has . Mr. Schlemmer said he has a concrete drive and would have a concrete driveway for the second garage. Mr. Erickson asked Mr. Clark if the City has any objection to this request , Mr. Clark said there might be a drainage problem, and we have had a call from a neighbor who was concerned about the driveway having to be so close to the property line. There is only 11 feet between the house and the property line, There could be a problem concerning snow removal . Mr, Erickson asked Mr. Schlemmer how he intended to handle the snow problem. Mr, Schlemmer said he had a snow blower and could direct the snow to some other area. Mr. Erickson asked Mr. Schlemmer what the elevation was where he planned to build the garage, Mr. Schlemmer said it was pretty level, maybe a little higher, Mr. Harris asked Mr, Schlemmer the size of his single garage. Mr . Schlemmer said it was 11 feet x 21 feet . Mr. Mykola Moroz, 289 Ely, said his driveway was 5 feet from his property line, This new driveway would only be about six feet from that driveway, and then about 20 feet further was the driveway for Mr. Schlemmer's existing garage, He said it would make the whole area look like a drive ,ay. He said he had only bought his home a year ago, and wouldn't have bought it if he had know another driveway was going in or another garage would be built , }ie said he thought this would hurt the resale value of his home. Mr. Robert Freeman, 273 Ely, said this garage would block his view of the park because his living area is facing North. Planning Commission Meeting - April 18, 1973 Page 8 Mr, Fitzpatrick asked if both these neighbors also had 60 foot lots . They both said they did, Mr. Fitzpatrick asked if there was any reason this garage was being set back 45 feet from the house. Mr. Schlemmer said he would be able to bring it forward a little. Mr. Clark said because the driveway was so long, from a safety standpoint, there would have to be room to have a turn-around, Mr. Fitzpatrick said the real problem seems to be that he needs a driveway to the back of his house which has to be placed on an eleven foot strip. Mr. Fitzpatrick said he could sympathize with the neighbors not wanting a garage located in a large open area. He said there must be a problem with vehicles sitting out in the open. Mr. Moroz said there was no problem because Mr. Schlemmer keeps things very neat, Mr. Schlemmer said he has a boat and trailer stored away from the property and other recreational vehicles which he has stored other places, and he would like to keep this equipment on his own property. That is why he wants the second garage. Chairman Erickson said he thought administration should look at this property before any decision was made. Mr, Zeglen said it might be possible to move the garage close to the back of the house and have the garage doors opening to the West , Mr. Schlemmer could still have room for a turn-around but the garage wouldn't be so far back on the lot. Mr. Schlemmer said he had thought of this but didn't like the location because it would be too close to his present house, Mr, Harris asked Mr. Schlemmer if he was using the 11 feet for access to his back yard now. Mr. Schlemmer said he had to because there was only 5 feet on the other side, Mr, Fitzpatrick asked if the Planning Commission had the power to make the stipulation that this garage be brought in closer to the house, and if we do, then maybe this should be continued to see what arrangements the petitioner can make, MOTION by Fitzpatrick, seconded by Harris, that the Planning Commission continue the request for Special Use Permit, SP #73-02, by Russell Schlemmer, to construct a detached second garage on hots 5 and 6, Block 14, Spring Brook Park Addition, per City Code, Section 45 .051, 2A, until May 9, 1973, to enable the petitioner time to see if he can make other arrangements . Upon a voice vote, all voting aye, the motion carried unanimously, 5 . PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #73-03, RICHARD A. FRENCH: To construct a second accessory building on the East 87 feet of the West 107 feet of the South 200 feet of Lot 1, Meloland Gardens, per city code, Section 45 .051, 2 A, Mr, Richard French was present . MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission, waive the reading of the Public Hearing notice on the request for a Special Use PPrmit, $P #73-03, by Richard French, Upon a voice vote, all voting aye, the motion carried unanimously, i A CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 9, 1973 PAGE 1 CALL TO ORDER: Chairman Fitzpatrick called the meeting to order at 8:10 P.M. ROLL CALL: Members Present: Fitzpatrick, Harris, Lindblad, Blair, Drigans Members Absent: None Others Present: Darrel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: APRIL 18, 1973 MOTION by Drigans, seconded by Blair, that the Planning Commission minutes of April 18, 1973 be approved as written. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS $ SUBDIVISIONS-STREETS $ UTILITIES SUBCOMMITTEE MINUTES: APRIL 18, 1973 MOTION by Harris, seconded by Lindblad, that the Planning Commission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of April 18, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: APRIL 24, 1973 MOTION by Blair, seconded by Drigans, that the Planning Commission receive the Board of Appeals minutes of April 24, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Drigans called Chairman Fitzpatrick's attention to page 26 in the agenda and the statement by Mr. Crowder that he recommended that the Planning CommisFion look int:, 'these areas of allowing or not allowing zero setbacks. Chairman Fitzpatrick said we will add this as the last item on our agenda and discuss it at that time. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: APRIL 26, 1973 MOTION by Lindblad, seconded by Harris, tat the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of April 26, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP #73-02 RUSSELL SCHLEMMER: To construct a detached second e on Lots garage g . 6, Block 14, Spring Brook Park, per City Code, Section 45.051, 2 A. Public Hearing open. Planning Commission Meeting - May 9, 1973 Page 2 Mr. Russell Schlemmer was present. Chairman Fitzpatrick asked the petitioner if he had any statement to make at this time. Mr. Schlemmer said his original proposal was to have the garage 45 feet behind the house and 5 feet from the property line. Because the Commission had asked him to see if he could bring the garage closer to the house, he said he would be willing to move the garage 10 feet and have it 36 feet behind the house, but to eliminate too sharp a turn, he would have to go to the minimum requirement of a 3 foot side yard setback. Mr. Fitzpatrick said he was asked to consider moving the garage directly behind the house and have the garage doors open to the West instead of the South. Mr. Schlemmer said he couldn't locate the garage there because it would interfere with the back entrance to his house. , Chairman Fitzpatrick explained to the new members of the Planning Commission why this item had been continued. Mr. Fitzpatrick said there had been objections from the neighbors because the yards were deep in this neighborhood and they liked the open space. Mr. Clark said there was a question by a neighbor whether Mr. Schlemmer had enough room for a driveway as there was only eleven feet between his house and the property line. Mr. Fitzpatrick said the reason for this petition was because Mr. Schlemmer owns several recreational vehicles and two cars and needs this second garage because he just has a single attached garage at the present time. Mr. Digans asked how wide the driveway would be and if it would be blacktop or concrete. Mr. Schlemmer said it would be a nine or ten foot concrete driveway. Chairman Fitzpatrick asked if anyone else wished to be heard. Mr. Mykola Moroz, 289 Ely Street, said he had a selfish objection, but he said this driveway would be 6 feet from his driveway and then in another 25 feet would be. Mr. Schlemmer's present driveway, and he thought it would make the front yards look like they were all concrete. He felt this would detract from the value of his home. Mr. Clark said he was not speaking for or against this request, but although both the neighbor's on each side of Mr. Schlemmer's home have attached garages, there are detached garages in this block that are back on the lot. Mr. Drigans asked Mr. Clark if he had checked the property for any drainage problems. Mr. Clark said he had, and there wouldn't be any problem. The driveway would have to have a crown so that drainage could go both ways, but this had to be done on most long driveways. Planning Commission Meeting - May 9, 1973 Page 3 Mr. Drigans asked Mr. Schlemmer if the grade would be the same for this driveway as the adjacent property owner's. Mr. Schlemmer said it would. Mr. Blair asked where the gas service was located. Mr. Schlemmer said it was located on the side of the house along the proposed driveway, but he would call the gas company and have the gas service moved. MOTION by Harris, seconded by Blair, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #73-02, by Russell Schlemmer. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Drigans said that as all the driveways will be concrete, he didn't feel, this was unappealing. Mr. Fitzpatrick said there were objections made to the obstruction of an open area also. Mr. Clark said there were at least two detached garages East of this area. Mr. Blair said if the garage was moved forward 10 feet, this would help some. Mr. Harris said he would prefer that Mr. Schlemmer maintain a five foot side yard setback, even if this meansthe garage is 45 feet behind the house. He said he thought there shouldle stipulations that the drainage plans be worked out with the City, a turn around must be provided for safety on the driveway, and the garage should match the exterior of the house. Mr. Schlemmer said he intended to do all these things. Mr. Harris said he still thought they should still be stipulated so there were no questions. Mr. Harris continued that he didn't think we would be setting any precedence as there were other detached garages in the area' if we approve this request. This is a means of keeping recreational vehicles from standing around in the yard. MOTION by Drigans, seconded by Harris, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #73-02, by Russell Schlemmer, to construct a detached second garage on Lots 5 and 6, Block 14, Spring Brook Park Addition, per City Code, Section 45.051, 2 A, with the following stipulations: 1. A proper drainage plan be worked out with the City. 2. The esthetics of the garage conform to the house. 3. Provide a proper turn-around in the driveway, 4. Maintain 5 foot side yard setback as specified on the plot plan, the garage to be set back a maximum of 45 feet behind the house. 5. The driveway to be at the same grade as the adjoining neighbor's. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. CO TINUED: VACATION REQUEST, SAV #73-05 LBERT MENKVELD: Vacate publ sement oh 67th Avenue N.E. _>eqeen Anoka Street N.E. and Fridley Stree to add 30 fe o the North'South dimension of Lot 1, Block 2, Oak ro n to Fridley Park, making it a buildable site. Mr. Craig Wil and Mr. James Neilson, his attorney, were present. REGULAR COUNCIL MEETING �F MAY 7, 1973 PAGE 9 land use had to be considered. Mr. Clark said the new site would not be in the public's eye view. He said the City is asking for a more orderly site plan and also is suggesting the construction of a fence to obstruct the view of the materials. Mr. Clark said Building Standards Design Control Subcommittee and the Planning Commission both felt that vines on the west fencing would provide for screening. Mr. Clark said the petitioner had agreed to abide by the sign requirements. He added, an additional consideration must be that the planned parking would be on property not owned by the petitioner. Mr. Clark said the Planning Commission had recommended this not to be approved until some provision are made to lease or come to some term on that proposed park- ing area to the north. Councilman Breider asked to see the plot plan. Mr. Clark said he did have one and he pointed out the various areas where fencing would be provided. MOTION by Councilman i;rcider to concur with the Building Standards Desi,,7x C-_ntrol Subcommittee and the PI -nning Commission and grant the special use permit for the pool sales and approve ti:,_- new 3.'LLC p--,An with the following stipulations: 1. A wood fence be constructed between the main driveway and the service drive along Osborne Road. 2. That there will be a screening fence along the North and West boundaries with a green covering of some type planted. 3. Green Giant get a letter of approval and agreement from the St. Paul Water Works Department. 4. The old business shed be discarded and not be moved to the new site. and the agreement from the St. Paul Water Works Department had been received and they complied with the stipulations of the Planning Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR SPECIAL USE PERMIT, SP RUSSELL SCHLEMMER: Mr. Clark said this item had been continued by the Planning Commission. REQUEST FOR SPECIAL USE PERMIT, SP #73-02, RICHARD A. FRENCH: Mayor Liebl said there had been no opposition from the neighboring property owners. Mr. Clark said he recommended the Council concur with the recommend- ations of the Planning Commission. MOTION by Councilman Starwalt to approve the special use permit requested by Richard A. French with the stipulation that this building not be used for passenger cars, and the drawings Mr. French presented to the Planning Commission be the ones used of its equivalent. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VACTION REgUEST: SAV #73-05, BY GILBERT MENKVELD: VACATE THE PUBLIC EASgMEN'f . ON 67TH AVENUE N. E. , BETWEEN ANOKA STREET N, E. AND FRIDLEY STREET N. E. AAD 30 FEET TO THE NORTH/SOUTH DIMENSION OF LOT 1. BLOCK 1, OAK GROVE ADDITION TQ FRIDLEY PARK. MAKING IT A BUILDABLE SITE, REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 10 Mr. Clark said this item had been continued by the Planning Commission and there was no action necessary. VACATION REQUEST: SAV #73-06, RICHARD MILLER HOMES: VACATE THE WEST ONE FOOT OF THE EAST 5 FOOT EASEMENT OF LOT 10, BLOCK 2, BRIARDALE ADDITION: Mr. Clark said the Council had taken care of the item. He added, the ordinance would be presented to the council on May 14, 1973. RUSTY WATER: Mr. Clark said he• was not familiar with the rusty water problem and asked Mr. Richard Sobiech, Assistant City Engineer, if he could present some information. Mr. Richard Sobiech said thay are presently trying to work on the rust and bacteria problems. He said the City had been working with chlorine and amonium sulfate to provide a longer lasting chlorine disinfectant. Mayor Liebl said he had observed the water department working in his neighbor- hood and they had done a tremendous job in notifying the people and within one half an hour the problems were solved. Mayor Liebl said he felt there is a need for another person employed by the City to do a good job on the water problems. He said he had hoped this would be accomplished by July 1, as the City Manager and himself were working on the matter. The City Manager said as soon as the City Engineer returned from vacation, he would work something out on this. STATEMENT BY MR. FRITZPATRICK: Mayor Liebl said he would concur with the statement by Mr. Fritzpatrick and add that Mr. Fritzpatrick was a fine man who served his City well and helped Vo build it into the City it is today. Mayor Liebl commended Mr. Fritzpatrick on his efforts and accomplishments in obtaining the kind of tax structure that the City has today. He said he would like to thank each of the men who had served on the various Committees and Commission and he said he took his hat off to all of them for their unselfish contribution to the community. MOTION by Councilman Starwalt to approve the statement by Mr. Fritzpatrick and commend him and all the others who had helped for such a long time. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the Minutes of the Planning Commission meeting of April 18, 1973. CQMPREHENSIVE PLAN: Councilman Breider said he had a question on the Comprehensive Plan as it related to low income housing. Councilman Breider said he was puzzled at what the Metro Council was to be told about the City's policies on this matter. Mr. Clark said there had been a hearing by the Metro Council on the Plan the previous Th.►rsday.. REGULAR OOUNC1L MEETINu Or• 1,1AY 21, 1;73 :_- PAGE 13, Councilman Nee said he would like to offer Lwo amendments to the ordinance for consideration at the time of the second reading. Councilman Nee said he would like the collection practices of Northern States Power Company to be conventional with the satisfaction being sought in court rather than the stopage of service. Councilman Nee said his second amendment dealt with the classification of electrical categories and he objected to the discrimination of who a person, is and what he is going to do with the product. Councilman Nee said he would not want to stop the adoption of the ordinance making these items the issue in question, but he thought the amendment could be submitted for ratification. He said he thinks there should.,also be some discussion about the rate structure. He said he thought the only requirement should be demand, not what the individual is using the product for. The City Attorney said he thought Councilman Nee's point is well taken, but he thought the thoughts of Mayor Bruce Nawrocki should be obtained on this matter. Mayor Liebl said the amendments should be sent to Mayor Nawrocki. Councilman Breider said Councilman Nee could be Fridley's representative and he could take the amendments to the first meeting. Mayor Liebl said believed the franchise would be better than what the City has at the present time. He said the ideas should be sent to Mr. Nawrocki and the people who worked on the committee. UPON A ROLL CALL VOTE, Breider, Starwalt, Liebl, Utter and Nee voting aye, Mayor " Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COK4ISSION MEETING OF MAY 9 1973: REQUEST FOR A SPECIAL USE PERM T SP-#73-02 USSELL SCHLEMMER: MOTION by Councilman Utter to grant the special use permit with the following five stipulations: 1. A proper drainage plan be worked out with the City. 2. The aesthetics of the garage conform to -the house. 3. Provide a proper turn-around in the driveway. 4. Maintain 5 foot side yard setback as specified on the plot plan, the garage be set back a maximum of 45 feet behind the house. 5. T.he driveway to be at the same grade as the adjoining neighbor's. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONTINUED: VACATION REQU1•:ST, SAV #73-05, GILBERT MENKVELD: VACATE PUBLIC EASEMENT ON 67th AVP•NJ N . i BETWEEN ANO) , S1REt. 1 N. F. AND FRIDLEY STREET N. E. TO ADD 30 FEET TO THE NokTh 5OUTH DI..NTNSION OF LOT 1, BLOCK 2, OAK GROVE ADDITION TO FRIDLEY PARK, MAKING ITA BUILDABLE SITE,