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ZOA73-11 CITY OF FRIDLEY MINNESOTA TYPE OF REQUEST ' f PLANNING AND ZONING FORM _Rezoning Number O 7.3 Special Use Permit APPLICANT'S SIGNATURE Approval of Preliminary Plat Approval of Address u� Final Plat Streets or 49 Telephone Number �3� -�5 _�,P�cs) J��jQ–�9�'� Alley Vacations Other PROPERTY OWNER'S SIGNATURE -d Address Telephone Number ' Street Location of Property�� � Legal Description of Property 40 TS / �3. 14 , f�(�7 fI,✓� G�9 s 7- 0 C, f Present Zoning Classification — Existing Use of Property 1 Proposed Zoning Classification, Special Use, or other request e,E Z -7 Describe briefly the Type of Use and Improvement Proposed Foie/W / T")' 7`Y6- 6 t1 S 7-W(/G 7"1 O F� / Lc7o THA9 1 G {�or1s/.✓� Acreage of Property. --3 7 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°Rec. No. 5— i Date Filed 9 Z2 Date of Hearing 4 i PLANMr, ANO ZONING FORM PACZ � tabor 7,3 V" Vodersigned understands that: (a) ,A list of all residents and owngrs of "Iro- perty within 300 feet must be attached %9 this Application. (b) This application must be signed by all owners of the property, of to explanation given why this is not the case. (c) Responsibility for any defect in the pro:- ceedings resulting from the failure to ��pt the names and addresses of all reaidentq and property owners of property w Chtn " feet of the property in question, Fejop s to the undersiuned. Re4$4ents and Ordners of Property within 300 fcet:' PERSONS ADDRESS sk9tch of proposed property and structure must be dravrn on the back of this Coro or attached, showing the following: 1. North Direction 2. L,acatioa of Proposed Structure on �04. 3. Dimensions of property, proposed atructure, and front pnd side get,.baC44, 4. Street tames S. location and use of adjacent existtna t buildings (within 300 feet) . Tho underatgned hereby declares that all the facts and representations stated 40 this application are true and correct. $ ,'ZZ�2 3 SIGNAIUR.E , f (AP^LICAn) • � � * � It * [3 �' � Approved Denied By the 2ossd of Appetis Subject .to the Following Conditions: '4pprovaed _Denied by the Planning Co=ission on Fu 109t to the following Conditions: �T" date �0:7proved Denied by the Council on �)O jsct �to the Following Conditions: data form PC 100 ^� �- r- ,_� o �0�� IV p ' V V Z � rn rn +, � -� � � c � � w N � � � � � o �, ' U � � � �: � � � � z � G a 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, November 21, 1973 in the Council Chamber at 8 :00 P.M. for the purpose of: Consideration of a rezoning request, ZOA #73-11, by John R. Doyle, to rezone from R-1 (single family dwelling areas) to R-2, (two family dwelling areas) Lots 12 , 13 , 14, 15, 16, 17 and the West 5 feet of Lot 18 , Block 16 , Fridley Park, lying in the South Half of Section 15, T-30 , R-24 , City of Fridley, County of Anoka, Minnesota. Generally located at East River Road and 63rd Way. Anyone desiring to be heard with reference to the above matter may be heard at this time. EDWARD J FITZPATRICK CHAIRMAN PLANNING COMMISSION Publish: November 7 , 1973 November 14 , 1973 Edward Wilbert 110 631 Way NE Fridley, MN 55432 Rachel Henderson 122 631 Way NE Fridley, MN 55432 Curtis Teske 135 63rd Way NE Frid 7 F n MN 55432 Penn Reako Co, Inc 123 63rd Way NE Fridley, MN 55432 Clarence Theisen 111 63rd Way NE Fridley, MN 55432 Dave Chaston 110 63rd 'Way Fridley, MN 55432 Richard Marrow 122 63rd flay Fridley, MN 55432 Lloyd Steady 134 63rd -Jay Fridley, MN 55432 Adell Hollman 79 631 Way Fridley, HN 55432 Mildred King 71 632 stray Fridley, MN 55432 Roger Pence 39 632 way Fridley, MN 55432 Francis Morrison 19 63�'ay Fridley, MN 55432 Arhtur Anderson 15 632 Way Fridley, Vdi 55432 John Wiens 801 Marquette Mpls. , MN Ben Calvin 5651 Brunswick Ave. No. AW Don Thompson 40 632 way Fridley, l-IN 55432 Peter Hendricks 20 632 Way Fridley, MN 55432 Albert Dahl 12 632 Way Fridley, MN 55432 Lewis Doyle 25 63rd 'slay Fridley, ill 55432 Loren '.alle 33 63rd 'Vay Fridley, MN 55432 Ed Ellis 63 70th Way Fridley, 14N 55432 John Othoudt 20 63rd Way Fridley, I,IN 55432 Paul Gomez 40 63rd Way Fridley, MN 55431 Gerald Gerber 6725 River Road Fridley, „Jd -`M`32 Charles enzinger 57 621 Way Fridley, MN 55432 Everett Swanson 45 622 Way Fridley, MN 55432 Melvin Kacinski 43 622 Way Fridley, 1411 55432 William sorrenson 15 622 Way Fridley, MN 55432 OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA September 14, 1973 MEMO TO: Honorable Mayor & City Council MEMO FROM: Nasim M. Qureshi SUBJECT: Status Report on the Request by Mr. John Doyle to use 6305 East River Road as a Real Estate Office In the early part of 1972 Mr. Doyle requested this property be rezoned to CR-1 to allow it to be used as an office building. Denial was recommended by the Planning Commission on May 3, 1972 and the Council concurred on June 19, 1972. There was a large petition against this request at that time as the City Council is fully aware. On August 20, 1973 the Council received a letter from Mr. Doyle requesting a procedure by which he would be allowed to conduct his real estate business at this location. He also requested that he be allowed to operate the real estate business during the time it takes the City to process his request. This item was then referred to the Planning Commission and discussed at their meeting of August 22, 1973. They continued it to their meeting of September 12, 1973. The City did write a letter to Mr. Doyle requesting that someone representing his interests be present at the Planning Commission meeting of September 12, 1973. His attorney was supposed to supply some legal precedent established previously to help the City to come up with an alternative method of processing this request. He did have one telephone conversation with Mr. Virgil Herrick, but was unable to attend the meeting of September 12, 1973 with the Planning Commission due to a previous commitment. This item has been tabled again by the Planning Commission to the meeting of October 3, 1973 at the request of the petitioner. We have received calls from the neighbors in the area asking whether Mr. Doyle has permission to conduct his business now. At the present time he works in the building with a part time gentleman and a lady answering the phone. He does have a small sign on the top of which it says "Home Office". As it is evident, resolution of this item will take a considerable amount of time. The Council did refer the request to the Planning Commission, but did not give a direction to the Administration whether they are giving permission to the petitioner to conduct his real estate business at this address while the request is being processed thru the City. I would like a clear direction from the Council whether they want the City to let the gentleman operate until a decision is reached or tell him that he should cease operations until approved by the City. NASIM M. QURESHI Acting City Manager w NMQ/mh ATTACH: Rezoning Request ZOA #72-04, denied by Planning Commission 5/3/72 Petition #6-1972, for rezoning 5/4/72 Petition #7-1972, against rezoning 5/4/72 Rezoning Request ZOA #73-04, denied by Council 6/19/72 Letter from John Doyle 8/13/73 Council Appearance 8/20/73 Planning Commission Minutes 8/22/73 560-3450 0/ ale dy ANOKA COUNTY II 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA b$y;4 E � 55432 ri November 7, 1973 Mr. John Doyle 630S East River Road Fridley, Aiinnesota 55432 Re: Secondary use of house at 6305 East River Road for a Real Estate Office under the home occupancy require- ments of the R-1 Zoning District. Da-gr bTr. Doyle: I have been instructed by the Fridley City Council to notify , you that you will be considered in compliance with the home occu- pancy section of the City Code in an R-1 zoning district in using your house at 6305 East River Road in -ail incidental and secondary use to the primary use in this residential district for the pur- pose of conducting a real estate business at this location. This compliance with the Fridley City Code is based on your adhering to the following conditions: 1. That you, or a member of your immediate family would have this house as a bona fide -residence and work for your company conducting business at this premises. 2. That the parking area be provided with: a) Sufficient parking space for five cars. b) Gravel base be provided for the parking area to be used for two years and if the business continues in compliance with all conditions beyond two years of the date of this letter, then this area is to be blacktopped. c) Short privacy shrubs be provided around the parking area. d) Sufficient space be provided to turn cars around in the parking area. Mr. John Doyle Secondary use of house at 6305 East River Road Page Two 3. That the hedges to the south are to be trimmed in a neat and orderly manner to enhance the area and maintain a neat appearance and neigh- borhood privacy. 4. All fences belonging to the property be main- tained in a neat appearance and proper state of repair. S. That the business sign facing East River Road would be not larger than 3' x 41 . It is the concensus of the City Council that as long as you comply with all these conditions outlined above that you will be within the home occupancy section of the R-1 Residential Zoning District. I hope you will find this information satisfactory. Please advise us in writing if you agree to these conditions and still intend to conduct your business as a home occupancy in conformity to these conditions. If you have any questions, please feel free to call me. Yours very truly, 1 C; Nasim M. Qureshi Acting City Manager NMQ/p 1. cc: City Council 154 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 9 NEW BUSINESS: CONSIDERATION OF FIRST READI G OF ORDINANCE AMENDING CODE - HOUSE MOVERS: Mayor Liebl asked if the prop sed ordinance was the City Attorney's proposal for i the amendment to the ordinance The City Attorney said yes, he would advise the Council to proceed with the fi st reading. j i MOTION by Councilman Utter to a pt the first reading of the ordinance amending the license fees for house mover . Seconded by Councilman Breider, Upon a roll call vote, Utter, Nee, Breider, S arwalt, and Liebl voting aye, Mayor Liebl declared the motion carried unani ously, and the first reading adopted. i Councilman Starwalt said he believ there should be some additional input in the matter. Mayor Liebl advised th administration to notify the house movers and have them attend the meeting whe the second reading is on the agenda. The City Engineer said he would notify t e movers. Councilman Utter said he believed the ermit fee should be at least $10. CONSIDERATION OF APPROVAL OF FINAL PLA P. S. #73-07, INNSBRUCK NORTH TOWNHOUSE 3RD ADDITION, BY DARREL A. FARR DEVELOPPENT CORER TION, BEING A REPLAT OF OUTLOT H, INNSBRUCK NORTH ADDITION: .MOTION by Councilman Starwalt to approvehe Final Plat as requested by Darrel A. Farr Development Corporation for Innsb ck North Townhouse 3rd Addition. Seconded by Councilman Utter. Upon a voic vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMIS ION MEETING OF SEPTEMBER 26, 1973: The City Engineer advised the Council there w re no items in the minutes which would need Council action. MOTION by Councilman Utter- to receive the Minut s of the Planning Commission Meeting of September 26, 1973. Seconded by Cou ilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the m tion carried unanimously: j RECEIVING THE MINUTES OF THE PLANNING COMMISSION FIEETING OF OCTOBER 3, 1973_:_ JOHN DOYLE REQUEST FOR A REAL ESTATE OFFICE: 6305 EAST RIVER ROAD: Ma aloud the motion of recommendation from the Planning Commission minutes. Mayor Liebl referred to a recent matter in Crystal for a similar special use and said he had gone there and checked out the action on the matter. He said he thought the special use permit may be the correct method of allowing the use when the ordinance does not specifically state standards of use. He read 'aloud the statement by Mr. Doyle's Attorney from the minutes of the meeting. This case concerned Ayllka vs. the City of Crystal , and the Section 45.191 of the t City of Fridley Code, this view of establishing the discretion of the governing body as authority confirms this view. Mayor Liebl said Mr. Doyle had been in contact withe the people of the area to obtain their input to the situation, he had tried to handle the matter properly. Councilman Utter said the applicant is doing something improper, he is operating a business establishment in an R-1 area with no special use permit and he does not live in the home. Councilman Nee agreed that the proposal would effect everyone in R-1, R-2, and R-3 districts in the City, if the zoning ordinance in the City were changed. He said it would be possible to establish a business anywhere in the City of Fridley with a special use permit, but he felt there would be no problem with looking at what the City Attorney may recommend. He said he could see many problems if this were allowed. He suggested looking at the ordinance and making some judgement at that time. Councilman Utter said he couli see a lawyers office in the midst of Innsbruck North and an insurance agency in the River area. Councilman Nee said the ordinance would have to be defined specifically. 155 i PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 10 The City Attorney said he thought this was using poor principles by making an example of only real estate and attorney's offices, anybody who had a profession could make application for such a permit. He pointed out to the Council when this would happen, the burden would be on the City. He stated 1 the Zyllka case in Crystal would be a clear example of this type of burden, and it was determined the City did not make specific findings that this would be detrimental to the neighborhood. He referred to another example of a case in Bloomington where it was determined there were not specific facts to support the findings. The City Attorney did not belived it would be a good step to adopt a general policy. He recalled to the Council 's attention the current case of the City of Fridley on a special use permit, the Metro 500 case. He mentioned another case, the Five Sand Apartments and said this had been settled by the land owner, or he felt the City would have lost this case. He said he was not aware of the proper solution for Mr. Doyle, and he would work on such an amendment to the ordinance, but he would not recommend it. Councilman Starwalt questioned Mr. Doyle about the possibility of having one of his employees live in the house. Mr. Doyle said the home is not big enough as it is a very modest home. Mayor Liebl questioned if the people would want to live in Fridley. Mr. Doyle said he could not ask people with large families to live in a small house. He stated he could not get his family and business into the facility, and everyone else that works for him has a family. Mr. Carson, Attorney for Mr. Doyle, addressed the Council and requested some time to research the possibility of having one of the employees occupy the home, and in the meantime, would they have the Council 's permission to operate as they are. Mayor Liebl asked if this would be possible. The City Attorney said it would not be legal , anyone might sign a complaint against this use. Councilman Utter said he did not know why the applicant has to be allowed 30 days when he has been avoiding the question for six months already. MOTION by Councilman Nee to table the consideration for the request by Mr. John Doyle until the next meeting, October 29, 1973,• for the purpose of allowing the applicant time to deterriine if it would be feasible for one of his employees occupying the home. Seconded by Councilman Starwalt. 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 October 3, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Gibbs Advertisin 8468 Westwood Roa N. E. Minneapolis, Minne to 55432 Estimate dated ne 10, 1973 $450.00 Estimate dated Ju 18, 1973 466.00 Estimate .dated Sep . 15, 1973 312.00 for artwork at Fri d y Liquor Store $ 1,228.00 Mr. Carl Newquist Builders Exchange Building Minneapolis, Minnesota 55402 For services rendered as pro ecutor (dated 10/3/73) 1,100.00 Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 FINAL Estimate No. 1 for Street Imp vement Project ST. 1972-1A, according to th contract 81,645.76