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SP72-04 DENIED CITY OF FRIOLEY, SUBJECT <J4 6431 UNIVERSITY AVE. NE. SPECIAL US PERMIT ��jj FRIOLEY, MN. 65432 (612]571-3450 SP # /.;? -a -1227, j ADDRESS ��� "'"� DATE PLANNING COMMISSION: P.H. DATE 61-717 APPROVED DISAPPROVED �- DATE NO CITY COUNCIL: P.H. REQ(D 'DATE NO CITY COUNCIL: APPROVED DISAPPROVED iVDATE '7 NO STIPULATIONS: NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY ' PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERT ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE P OPOSED TYPE OF USE AND IMPROVEMEW-, - Has the present applicant previously sought to rezone, plat, btain a lot split or variance or special use permit on the subject site or part of it? iyyes 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) Thi application must be signed by all owners of the property, or an explanation given by this is not the case. (c) Responsibility for any defect in the proceedings re ulting from the failure to list the names and addresses of all residents and property wners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and ttached, showing the following: 1. North direction. 2. Location of proposed stryacture 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). I The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE SIGNATURE APP ICANT ADDRESS TELEP ONE NO CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA Rezoning PLANNING AND ZONING FORM X Special Use Permit Number SP #72-04 Variance APPLICANT'S SIGNATURE Approval of Pre- Address �e liminary Plat Telephone Number__ / 6 �, Approval of Final ��' � 1r"' � ., Plat f PROPERTY OWNER'S SIGNATURE Streets or All.ep,-.._. Vacations Address gz!a Other Telephone Number 7J 5- - Street Location of Property (� . Legal Description of.Property d: if Present Zoning Classification Existing Use of the Property, 1 Proposed Zoning Classification, Special Use, Variance or oth r request Describe briefly the Type of Use and the Improvement Propose Acreage of Property ' - oD Has the Present Applicant Previously Sought to Rezone, Plat, btain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site o Part of It?_42&d�_ When? What was Requested Fee Enc osed $ 49 Date Filed Date of Hearing 4r PLANNING AND ZONING FORM PACE 2 Number—SP #72-04 The undersigned understands that: (a) A list of all resid nts and owners of pro- perty within 300 fe t must be attached to this application. (b) This application mu t be signed by all owners of the grope ty, or an explanation given why this is n t the case. (c) Responsibility for ny defect in the pro- ceeding3 resulting rom the failure to list the names and add-re ses of all residents and property owners of property within 300 feet of the propert in question, belongs to the undersigned. Residents and Owners of Property within 300 feet:' PERSONS ADDRESS Tao i -7 a.ss A sketch of proposed property and structure must a drawn on the back of this form or attached, showing the following: 1. Notth Direction M"L S VVU-', �'ldr-ti..c.. -4--- . 2. Location of Pro osed Structure on lot. 3. Dimensions of p operty, proposed structure, and cont and side set-backs. 4. Street Names S. Location and us 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 Approved Denied By the 3ossd of Apre is Subject .to the Followina Conditions: date Approved Denied by the Planning Comm ssion on Subject to the kiollowing Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 e 1 i I I N i i i O 3 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 i the City Hall at 6431 University Avenue Northeast on Wednesday, J e 7, 1972 in the Council Chamber at 8:00 P.M. for the purpose of: A request for a Special Use Permit, SP #72-0 , by Mrs. Robert Ness to permit the constructi n of a two family dwelling in an R-1 District s per Fridley City Code, Section 45.051, 3-D, o be located on Lots 7 and 8, Block 1, Hillcre t Addition, lying in the South Half of Section 10, T-30, R-24, City of Fridley, County of Anoka Minnesota. Generally located at 7228 East River Road. 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 24, 1972 May 31, 1972 r, esu 6 d SP #72-04: Mrs. Robert Ness L. 7 & 8, Bl. 1, Hillcrest Add. 4 .. 2......... j o,,e wet. E.//4 CORNER i For duplex. , %D ti _ ss.r 4 3 r z - - - k " ti o Z 17 F 'jJ n 3 O Z. PKWY. 1� 0 27 �O 26, ° 7 h I i i' ql 4 Z8 h 1.9 ^, 301.3 f7 fs I , 3 64 33 1 M r' • O �� '2a 3 i 5 OI I h II!I I t °. 4 z SO SO JO 7l. JI,, b I I 3/ZS4 � J /DL/ �4B4a `1 P j �•\� v 37d.83 � i � \ 1 o ���tr o<«• e°� i69G' 9/89.6.! �, i �Gz_� 9.7 _ a'i_+6410./ ?sBBf X71 I i 1Q� R, o i n \`ti. ..i tee.» ���•4 �� d.` �. � �{ � i p { R yrs ! �ti----�s7�f9i.sr�f_yy_l iii/ +ti�0 F l,5 �6 t i�1 Il�{�QfY l§ �. \'•��yr ~ "f3 v ` ! r ii _ _ ...i .. ?' t D i .��/s ys•/ zaol'l�1 ' h "'� .m.v_---::�,..v�,<�. Y.. \� - -- 'Y �\� ..• efN �M DRIVE -qS'.^ =. ' , •W .' 5 �•. y a */_ - w r �. ;v • .+fit•; y- , 4 .74 / • T, a +I i ....."r."�.. liiir.•-�L'bfd/.r. J '�+ra ��,Ifrr.d � /o (i�� V i� _ FAILING LIST: MRS. ROBERT NESS, SP #72-04 For Planning Commission: Date ailed ,r ., 23 1Q72 Council: Date ailed Mrs. Robert Ness R.R. #2 Thorp, Wis. 54771 Mr. & Mrs. Tony R. Jakubiak 7221 East River Road Fridley, Minn. 55432 Mr. & Mrs. Wm. Hill 7217 East River Road Fridley Mr. & Mrs. James Plucker 7215 East River Road Fridley Mr. & Mrs. Don Lennox 7201 East River Road Fridley, Minn. Mr. & Mrs. Albert Sisk 7181 East River Road Fridley Mr. & Mrs. James Sprungman 7255 East River Road Fridley W. H. Olsen 7271 East River Rd. Fridley Mr. & Mrs. Norman Long 7315 East River Rd. Fridley i May 19, 1972 Mrs. Robert Ness Route #2 Thorp, Wis. 55471 Re: Public Hearing for Special Use ermit Sp #72-04 Dear Mrs. Ness: Enclosed is a Public Hearing Notice of your petition for a Special Use Permit. Please note the date s June 7, 1972 on Wednesday at 8:00 P.M. Also, the fee for a Special Use Permit is $20.00. We are holding your check for $25.00 until you come to the meeting' at which time we will exchange the $25.00 check D f r one of$20.00. Yours very truly BREL Engineering Assistant ' DC:ob Enc. a -7, 1 :zv 4w, 1r; _z -mm" A- N'11 M. 4 "7121 MA 79� �7v UP Al" x k4 gw. T 4j- bRl . 0a Of "IM tax PN! IfM i. Ag rx': A-. A__ 41 OW, eft 47­'�� pr Z'm J�XKI Mot 1W ;�ww4 JI-ft xr-.,� AW, 4_6 W, S N.-O 7t;- ' - e CITY OF FRIDLEY PETITION COVER SHEET Petition. No 10-1972' Date Received June 8, 1972 Object .- Objections to the request for a Special Use Permi SP # 72-04 to permit construction of a two family dwelling in a R-1 District located on Lots 7 & 8, Block 1 , Hillcrest A dition. Petition Checked By ( e� ��. Date Percent Signing 0-9 SL Referred to City Council Disposition_ Petition 410-1972 May 25, 1972 City of Fridley Public Hearing before the Planning Commission The following people strongly object to the followin request: ' A request for a Special Use Permit, SP #72 4, by Mrs. Robert Ness to permit the construct on of a two family dwelling in an R-1 District as per Fridley City Code, Section 45.051, 3-D, to be located on Lots 7 and 8, Block 1, Hillcr st Addition, lying in the South Half of Sectio 10, T-301 R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 7228 East River Road. G -i July 27 , 1972 Airs . Robert Ness Rural Route #2 Thorp , Wisconsin 54771 RE : Special Use Permit #72-04 Dear Mrs . Ness : Please be advised that the Fridley City Council denied your request to construct a two family dwelling Don Lots 7 and 8 , Block 1 , Hillcrest Addition. If you should want copies of the July 24 , 1972 Council action they will be available in tie office of the City Manager after trey are approved on August 7 , 1972 . Yo-, very truly, 1l � � l RREL LARK Engineering Assistant L'C/iij s y • / ` G EA E°1' •a sJ3oJ f.•+•~t � 9" �;�..�.�'�'."��` ...j'' I 1 11�'I 1�}�`b .. �e/ � .ed � r_r - �� � ! 2 �%: fe.r.2 s y «•'✓ .. - ::�s .,} 1, y �.'� f, �. �ilii, -./�_--. •^ w Ih � p r� .. /"s 1 a r ,•a .F b j.t c +s. / .� '� `` _ r.. : ' et. #10-72 s. � � � � � "•h F ws.,fir. '� ;D''� � y F ......... f.J Ease � k �• _ .. (lo) 9- _ yam: �/J1.J //S n-.,• , ! 'I l..... � .v .. 1�R'.�iwo 192t' ', ♦1 w ,24 O ,2S ! 1� �� bl Z60• nLJ' Sf 6B ` k .Z7 f �ftro 360h k. si t �.tj a , jo J ,•3ii�Aga��.. $�?:,Ps�, � ►� •+ `1 92 t . I � .'� '+•. r•- .+ .•'tit b tp-\C�"+- >> TIERE,41Q® 5" ,3----- I� �Jr�. b,!rb; 3f' t� .•••. ,, ��39797 ---�/ � V�� I x v IN 41 d' i�lr W�"'i' Y rya�• i^ ,w� c/�e. - � / .+: i�: ¢1 y -- ---- NIrIJr•^+Yg /Y. �✓ FIs � r ::/... . � _ ' r. :.r, y�,ry,-=, s `t� ! � !tt f 2garJ) _ ryry V 1 O]f "Fix5- pt )• ..�/s'S..jr,fN 1A-),.\i. w �i�)• .Y',J 1''��`/,�': f .\.'• ' ! W �'-, I• fir � i/ Y (f',,,.r.� e ( `� _♦ ;� toil. ,I/�"�•f�/i / - h .i/ ,,; �'_r` S-_-_} �vd ..T, ,s 111.0/ � Z.: Z �♦ �w !�' •Y. L.:.•i , M 1 - -. - r ffl.,a Brov/h 7 _ _qtr.•»,' .,.f .__�I��u�40.•— rz-,- r`r� ����l, ��,�,t /j { �../ w — .•�'y��---•,� � �-h„_ �� .- Plannin Commission Meeting - June 7 1972 Page 8 7. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP 72-04 BY MRS. ROBERT NESS: To permit the construction of a two family dwelling in an R-1 District on Lots 7 and 8, Block 1, Hillcrest Addition per City Code, Section 45.051, 3-D. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission waive the reading of the Public Hearing Notice for the requ st of a Special Use Permit, SP #72-04, by Mrs. Robert Ness to permit the constr ction of a two family dwelling in an R-1 District on Lots 7 and 8, Block 1, Hillcrest Addition. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Robert Ness was present and explained that they w uld like to build a two family house. Mr. Clark stated that the plans presented this evening showed there would be a two stall garage 24'x22' . The garage would have to be ch nged from two to three stalls to meet the code. Probably one car could be parked n front of the garage door since it was in the rear yard. There will be a split Oyer entrance. Mrs. Ness said they would be willing to build according to Code. The plans she presented had been used for another house and they coull be adjusted to meet the Code. It was determined that the area was predominantly singLe family homes. Mr. and Mrs. Sprungman (7255 East River Road) and Mr. and Mrs. Waldemar Anderson (7271 East River Road) being the property owners to the North objected to the double bungalow. Mrs. Ness said the people on the South had no arguments against the duplex. Mr. James Sprungman presented a petition objecting to he construction of a two family dwelling in an R-1 District and showed a photogrph of the property just North of these lots with a rented home on it also owne by Mrs. Ness. MOTION by Schmedeke, seconded by Fitzpatrick, that the� Planning Commission receive Petition #10-1972 objecting to the request for a Sp cial Use Permit, SP #72-04, to permit construction of a two family dwelling 'n an R-1 District located on Lots 7 and 8, Block 1, Hillcrest Addition. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs? Ness said the home did not belong to her until Ap it of this year. She had sold the property and had to take it back. Mrs. Sprungman read the letter she had written to Mrs. Ness describing the unsightly condition of the home and lot and sent her pictur s. Nothing was accomplished. Mrs. Ness said she would rent after the two family houa was built. She sold the other house in December of 1970. She rented it before and then sold it. Now it is rented and the tenants are buying. It is a small home. It is not property • you can rent for a large amount of money. They did have th lots for sale, but did not feel the price was right. Mr. Zeglen asked how she would take care of the house as long as she lived in Wisconsin. Mrs. Ness answered that with the freeways an , the children getting older, she can leave them. ' Planning Commission Meeting - June 7, 1972 Page 9 Mr. Sprungman objected to the Special Use Permit because the area was pre- dominantly one family dwellings, nor did he feel the objection was unreasonable. Mrs. Ness said the property is not really in the best residential section -- railroad tracks in the back, a four lane highway in the front and on the North commercial. The depth of the lots is 300 feet. Mr. Sprungman countered that houses near his home were assessed at $25,000. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission close the Public Hearing of the request for a Special Use Prmit, SP #72-04, by Mrs. Robert Ness to permit the construction of a two family dwelling in an R-1 District. Upon a voice vote, all voting aye, the motion ca ried unanimously. Mr. Erickson asked how far away Mrs. Ness lived. She nswered 140 miles. MOTION by Zeglen, seconded by Fitzpatrick, that in vie of the fact that the Commission have had quite a few requests for the same kind f construction down the street a ways, and that the area consists of single fa Iy dwellings, the Planning Commission recommends denial of the request fora Special Use Permit, SP #72-04, by Mrs. Robert Ness to permit the construction of a two family dwelling in an R-1 District on Lots 7 and 8, Block 1, Hillcrest Addition per City Code Section 45.051, 3-D. Upon a voice vote, all voting aye, the motion carried unanimously. The Commission took a five minute recess. 8. PUBLIC HEARING: REZONING REQUEST, ZOA #72-07 BY JOHN GABRELCIK: To rezone from C-1 (local business) to C-2 (general business) for a Used Car Lot on part of Lot 50, Block J, Riverview Heights and part of Lot 13, Revised Auditor's Subdivision #103. 9. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP #72-05 BY JOHN GABRELCIK: To permit a Used Car Lot, per City Code 45.101, B, 3-B, to be located on part of Lot 50, Block J, Riverview Heights and part of hot 13, Revised Auditor's Subdivision #103. Mr. John Gabrelcik was present. MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission waive the reading of the Public Hearing Notice for the Rezoning Request, ZOA #72-07, by John Gabrelcik to rezone from C-1 to C-2, fora Used Car Lot on part of Lot 50, Block J, Riverview Heights and part of Lot 13, Revised Auditor's Sub- division #103. Upon a voice vote, all voting aye, the motion carried unanimously. . MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission waive the reading of the Public Hearing Notice for the requ st for a Special Use Permit, SP #72-05, by John Gabrelcik. Upon a voice vote, all voting aVe, the motion carried unanimously. Mr. Gabrelcik said this is the former Standard Oil Sta ion site. He expected to improve it. He would have shrubs in the front, clean it up and make it look decent. The building itself is twelve years old. It would have two or three stalls. He does body work. He would carry about 30 or 40 zars. There is 207 feet of frontage on East River Road. There would be overhead lot lighting. He would close aboVt 9:00 P.M. ar}d be closed on Sunday. Ort Saturday the place would close OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 17, 1972 in the Council Chamber at 7:30 P.M. for the purpose of: A request for a Special Use Permit, SP #7 -04, by Mrs. Robert Ness to permit the construction of a two family dwelling in an R-1 District as per Fridley City Code, Section 45.051, 3-1 , to be located on Lots 7 and 8, Block 1, Hillcrest Addition lying in the South Half of Section 10, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 7228 East River Road. Anyone desiring to be heard with referenCE to the above matter may be heard at this meeting. FRANK G. LIEBL MAYOR Publish: July 5, 1972 July 12, 1972 REGULAR COUNCIL MEETING OF JUNE 19, 1972 • PAGE 6 that would be discrimination. You have to provide housing for all groups of people. He guessed this revision would raise the cost per unit $500 - $600. Mr. Farr said he failed to see the difference between a "rental." townhouse project and a "sale" townhouse project. He said Viewcon could make the street as wide as the City wants it, but it would ruin the site. Councilman Utter said he would hat2 to see the beauty of the site lost, but he was afraid they would be hurting themselves in the long run. Councilman Mittelstadt said that he would vote against the motion because, although there is a question on the parking, the preliminary plans for the units themselves are satisfactory,and could be approved tonight. Mayor Liebl said he would not want to see a project where all the units look alike. He wanted this development to proceed using the natural terrain. He said he agreed with Councilman Mittelstadt, the quadraminiums could be accepted, and Viewcon could be instructed to work with the City Engineer on the garage and parking problems. The City Engineer explained this is preliminary approval, if the Council approves the plans, they go back to the Planning Commission for their final approval and recommendations. Then the plans go to the Building Standards Design Control for their recommendations, so the Council will have to see the plans at least once more. He suggested the Council could require an additional 15 parking spaces, this would be Vx spaces per unit, so if there were a couple of parties on a weekend, the guests cars could be accommodated. ' The garages could be set back 10 feat rather than 5 feet from'the street. When this is accomplished, the plans could be sent back to the Planning Commission for their final approval, Councilman Breider offered to withdraw his second to the motion, if Councilman Utter wished to withdraw his motion. MOTION WITHDRAWN BY COUNCILMAN UTTER, MOTION by Councilman Breider to approve the preliminary plan ol Phase I (quadra- miniums) requested by Viewcon Inc. , with the stipulation that 15 additional parking spaces be provided and also that the garages be moved tack from the street approximately 10 feet. Seconded by Councilman Utter. MOTION AMENDED by Councilman Mittelstadt to leave the number 5" open, and leave that to their discretion. It may turn out to be 12, 14 or 16 depending on the terrain. Mayor Liebl called for a second to the amendment, received non( , therefore AMENDMENT DIED FOR LACK OF A SECOND. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Iiebl declared the motion carried unanimously. X REQUEST BY MRS. ROBERT NESS TO BE HEARD BEFORE THE CITY COUNCIL CONCERNING SPECIAL USE PERMIT SP #72-04,_ TO CONSTRUCT A TWO FAMILY DWELLING IN AN R-•1 DISTRICT; AND RECEIVING PETITION #10-1972 AGAINST THE SPECIAL USE PERMIT: MOTION by Councilman Mittelstadt to rgceive Petition #10-1972. Seconded #.y Councilman Breider. Upon a voice'vote, all ayes, the mo�ion ca ried un4nimously, REGULAR COUNCIL MEETING OF JUNE 19, 1972 PAGE 5 Councilman Mittelstadt said he felt this was a better plan than the .last one presented, but he was still. concerned about the traffic situation. You would have the public going through this area out of curiousity because it is a new concept, plus the residents trying to back out of their garages into the street. Mr. Farr said that would be true, but no more than a normal townhouse development. The City Engineer said with the townhouse project there were two garages plus one stall and in this project there are only two parking spaces, and any additional cars would have to park in the street. He felt the garages should be moved back so there would be 10 feet clearance, so a person could see before entering the traffic. He felt they needed more parking spaces and added that these units are less expensive than in the townhouse complex. This is the same plan that was submitted to the Council a few weeks ago, the only difference is that it is colored so it is easier to visualize. Councilman Utter said that the Council had requested that they work on getting additional parking spaces to get the cars off the street two weeks ago, so that if there was a fire, the truck could get down the street. The City Engineer said that he would work with them to get some additional parking spaces and to try to get the garages back 10 feet from the curb. Mr. Farr said that could probably be done, but the grades are difficult and to put in more parking would sacri- fice green areas. A reporesentative from Viewcon said there were two reasons for choosing the layout they are proposing. The first is that the street following the ridge would be cheaper and it would be easier to put in the utilities, thereby keeping the cost of the lots down. The second is that they are extremely reluctant to push down the trees to create an additional 8 - 10* parking spaces. This would destroy the soft residential feeling they are trying to achieve. Councilman Breider said that it seemed to him that this type of housing would appeal to young people and to the older people whose children have grown and left home. In both cases, it would be likely both would work which would mean two cars. If this is the case, where would visitors park? Mr. Farr said he believed there would be less people having two cars than in a single family development. He thought there would still be roam for guest parking. Council- man Breider said it would be a fair assumption that there Would be at least two parties per weekend. Mr. Farr said he did not believe they would average two cars per unit. Councilman Mittelstadt said this was all discussed two weeks ago and he thought they were to bring back a new plan with more parking, but it is just the same, It would seem they just wasted two weeks. The City Engineer explained for the purpose of comparison, if this was an apartment building, the requirement would be two parking spaces for every two bedroom unit. Mayor Liebl did not think this Gould be thought of as a public dedicated street, it is a private road only for the residents. He asked if there were any problems with Georgetown. The City Engineer replied not that he knew of. MOTION by Councilman Utter to table this item to July l0th, and asked the City Engineer to work with Viewcon to try to arrive at a better parking facility and to try to get the garages moved back from the street further. Seconded by Councilman Breider. Mayor Biebl said that the result of this motidn would be to make the lots govt pnore, and asked is that what they want? When this overall concept was approved lip did not want orrly the people that could afford to pay $400 a month for hQusi.ng, REGULAR COUNCIL MEETING OF JUNE 19, 1972 PAGE 7 The City Engineer reported that the Planning Commission recommended denial, however the applicant has the right to request a public hearing before the Council if desired and she is making that request. MOTION by Councilman Mittelstadt to set the public hearing for July 17, 1972 to consider the request for a special use permit for Mrs. Robe t Ness. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor LieLl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 7, 1972: REZONING REQUEST ZOA #72-03, THE WALL CORPORATION BY DENNIS MADDEN (RIEDEL ESTATE) : Rezone from R-1 to R-3 for townhouses and apartments. The City Engineer reported that the Planning Commission recommended approval. Mayor Liebl said he would like to look at the plans, and the City Engineer brought them forward to the Council table. He said along 7th Street and Mississippi Street, they have provided townhouses as a buffer with the apart- ments on the 5th Street side facing City Hall. The apartments would be 212 stories high and are situated on the lower elevations. Mayor Idebl asked know many units would be facing 7th Street and Mississippi and the City Engineer replied 63., with 105 apartments along 5th Street. MOTION by Councilman Mittelstadt to set the public hearing for July 17, 1972 to hear the rezoning request by the Wall Corporation. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried, unanimously. The City Engineer reported the second item (rezoning request ZOA #72-05 by Einer Dorstad) is still pending before the Planning Commission REZONING REQUEST ZOA #72-06, BY WESTERN STORES: To rezone from C-1 (local business areas) to C-2 (general business areas) Lot 1, Bloak 1, Commerce Park. J. SPECIAL USE PERMIT SP #72-02 BY WESTERN STORES: To continue a servige station and permit the addition of sales and display of garden and lawn supplies per Code Section 45.101, Section B, 3-E, to be located on 14t 1, Block 1, Commerce Park. MOTION by Councilman Breider to set the public hearing for the Western Stores requests for July 17, 1972. Seconded by Councilman Mittelstadt. Upon a v91ee vote, all ayes, Mayor Liebl declared the motion carried unanimously. VACATION REQUEST SAV #72-04, BURLINGTON NORTHERN, INC. : ' To vacate 1) 41st Avenue between Lot 6, Block 2 and R/W .line of ra lroad,2) Alley in Block 4. -3) Unnamed street between Blocks 3 a 4. 4) Unnamecl street between Blocks 4 6 5. MOTION by Councilman Mittelstadt to set the public hearing date for July 17, 1972 for the vacations requested by Burlington Northern, Inc. Seconded by Councilman, Breider. Upon a voice vote, all ayes, Mayor Liebl declared the mQt�gn c4rri9d unanimously. REGULAR COUNCIL MEETING OF JUNE 19, 1972 RAGE 8 REQUEST FOR A SPECIAL USE PERMIT SP #72-03, BY VERN JOHNSON: To permit the sale of art paintings on a seasonal basis (spring through fall) per City Code 45.101, B, 3-E-1. MOTION by Councilman Mittelstadt to concur with the Planning Commission in the denial, of the request by Mr. Vern Johnson. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer said the next item considered by the Planning Commission (Special use permit by Mrs. Robert Ness) has already been taken care of by the Council as a sgparate item. REZONING REQUEST ZOA #72-07 BY JOHN GABRELCIK• To rezone from C-1 (local business) to C-2 (general business) for-a used car lot on part of Lot 50, Block J, Riverview Heights and part of Lot 13, Revised Auditor's Subdivision #103. REQUEST FOR A SPECIAL USE PERMIT SP #72-05, BY JOHN GABRELICK• To permit a used car lot per City Code 45.101, B, 3-B, to be located on part of Lot 50, Block J, Riverview Heights and part -of Lot 13, Revised Auditor's Subdivision #103. MOTION by Councilman Mittelstadt to concur with the Planning Commission in the denial of the requests by Mr. John Gabrelcik. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously, AN ORDINANCE AMENDING SECTION 45.103 RELATING TO THE LOT AREA AND LOT WIDTH REQUIREMENTS FOR C-1, C-1S, C-2, C-2S: MOTION by Councilman Breider to instruct the Administration to submit the ordinance for Council consideration on July 10, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. BUILDING PERMIT: A-1 MOTOR SPORTS BY MS. VICKI SKIFF: Lots 13 & 14f Block 2, Commerce Park, for snowmobile sales and service. The City Engineer reported that the Planning Commission's opinion of this request Was that it would not fit the criteria for CR-2 zoning, and that a rexgping and a special use permit would be required for her to conduct the )?usiness she intends. Mayor Liebl asked what type of businesses would fit in the CR-2 district. The City Engineer read from the Code Bock the uses, permitted which includes "business machine repair shops". Mayor Liebl felt this request could fall under that category. The City Engineer said there is a fine line of distinction and the ley to this district is "---Limited business uses of essentially a anon-retail or service nature requiring a minimum of access by the general public—". In this case there would be traffic from the general public, It is a matter of interpretation$ and the Council had instructed that this request by sent back to the Planning Commission .for their opinion. The acting City Attorney said that in looking at this area, there is light �.pc�ustrial� the Post Office, Fridley Auctions and a veterinarian's gffige all. nearby There are no doctor's dentist's or real egtatg offices in this area, SPECIAL PUBLIC HEARING MEETING OF JULY 17, PAGE 7 The Planning Commission approved the rezoning request and the special use permit for the gas station but did not approve the additional special use permit for the garden display center. Mayor Liebl asked if there was anyone present who wished to be heard, either for or against this proposal, with no response. MOTION by Councilman Breider to close the public hearing. Sec nded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously and the hearing closed at 9:00 P.M. CONSIDERATION OF A SPECIAL USE PERMIT REQUEST BY MRS. ROBERT NESS SP #72-04 TO RERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING IN AN R-1 DISTRICT TO BE LOCATED AT 7228 EAST RIVER ROAD: Mayor Liebl read the public hearing notice and the City Engineer showed the location on the screen. Mrs. Ness explained she has owned these lots for about 12 years, and their home w.is directly to the north, and this h use was just sold July lst. She has since moved to Wisconsin. She said she would like to build a duplex on these lots because she felt it would look ni er than putting in two homes. Mayor Liebl said that both on the north and south there are si gle family residences. Both these lots front on East River Road. He asked what price range the building would be. Mrs. Ness replied between $30,00 - $35,000. It would be a split entry, with one unit across the top and one across the bottom. She said she felt there would be less upkeep on one d plex than on two single family homes. Mayor Liebl said that he received calls objecting to these plaas, especially since there is a new $35,000 home just being completed in the irea. Council- man Mittelstadt pointed out the Commission also received a petition against this plan, and added he would like to encourage her to build single family homes. Mrs. Ness replied these people would object to any type of rental property, whether single family homes, or a duplex. Councilman Mittelstadt asked if she had tried to sell the lots. Mrs. Ness replied she had tried, but the special assessments are quite high, there is commercial to the north and the railroad tracks to the rear and East River Road to the front,a 1 combining to make the site not too favorable for residential property. MOTION by Councilman Mittelstadt to close the public hearing. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously and the hearing closed at 9:10 P.M. Mayor Liebl informed Mrs. Ness that this item would be on the hgenda next Monday for final disposition. PUBLIC HEARING ON A VACATION REQUEST BY BURLINGTON NORTHERN INCORPORATED, SAV #72-04 OF AN ALLEY AND THREE STREETS IN BLOCKS 2 3 4 & 5 BERLIN ADDITION. GENERALLY LOCATED WEST OF MAIN STREET AND NORTH OF 40TH AVENUE: MOTION by Councilman Mittelstadt to waive the reading of the public hearing notice. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. SPECIAL PUBLIC HEARING MEETING OF JULY 11 : PAGE 8 The City Engineer showed the location on the screen and said this area is part of their proposed expansion of the railroad yards. They feel the roads are not needed to serve the property. Mayor Liebl asked if ther e was any objection. The City Engineer replied no, it is all railroad property. MOTION by Councilman Mittelstadt to close the public hearing. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously and the hearing closed at 9:12 P.M. CONSIDERATION OF PERMIT TO OPERATE A MOBILE HOME SALES LOT AT 7151 T.H. #65. REYNOLD SWANSON. (Tabled July 10, 1972) Mr. Swanson said there were two items he would like to comment on contained in the agreement. The first is the requirement that the entrance and parking area are to be blacktopped. He said the existing facility has lasted quite well and needs very little repair. The second is the minimum of 15 feet of space between the trailers. He would prefer that be changed from 15' to 10' and pointed out that trailers are being made in the wider widths now. Councilman Mittelstadt felt that the entrance should be blacktopped. MOTION by Councilman Breider to amend the agreement as it appears in the Agenda, adding #3 under "Office": The office will be taxed as a permanent structure. Seconded by Councilman Mittelstadt with the additions of: Under "Mobile Homes" - Change 15 feet of space between the trailers to 10 feet; and under "Lot" - #1 will read: The entrance will be blacktopped. The vote upon the motion being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to approve the agreement as amended above. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl decalred the motion carried unanimously. RESOLUTION #83-1972 - AUTHORIZING THE SALE OF CERTAIN PROPERTY: (Jim Gibson's Fridley Office Supply) The City Attorney.reported that the City has the deed, and it is in the process of being filed. MOTION by Councilman Mittelstadt to adopt Resolution #83-1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1972-10 (SEALCOATING) : Planholder Bid Deposit Base Bid Completion Date Allied Blacktop Co. St. Paul $ 6,218.10 August 25, 1972 3601 48th Avenue No. F & M Minneapolis, Minn. 5% B.B. Northern Asphalt Constr. Argonaut $10,998.00 August 30, 1972 Company Ins. Co. 1631 66th Ave. N.E. 5% B.B. Fridley, Minn. 1 FXQUW COUNCIL MEETING OF JULY 24, 1972 FAQN � axzged�►ent. The Senior High has been available to use but it is about one block away and people don't know about it. Mayor. Liebl suggested posting g 918N Oi4xQctj.ng them to the High School parking lot. Thi VQT9 U$UN THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the ff:ot}Qn carried unanimously. CONSIDERATION OF A SPECIAL USE PERMIT BY MRS. ROBERT NESS SP #72-04, TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING IN AN R-1 DISTRICT TO BE LOCATED AT 7228 EAST RIVER ROAD: CQU49llman Mittelstadt noted that there was a petition received against this XQ(j4est, this is a residential neighborhood, and the applicant lives in WWj4QQPsjpj so there could be problems with maintenance. For these reason$, P9 §aid he would offer his motion. MOTION by Councilman Mittelstadt to deny the request for a Special Use Permit by Mr-9, Robert Ness. Seconded by Councilman Breider. Upon a voice vote, 411 aye*, Mayor Liebl declared the motion carried unanimously. CONSIDERAWON OF SETTING A PUBLIC HEARING DATE FOR REZONING RE EST ZOA #72-05 BY EINAR 11TED" DORSTAD TO REZONE FROM R-1 TO R-2, GENERALLY LOCATED AT 7450 EAST RIVER ROAD AND A PUBLIC HEARING DATE FOR THE FINAL PLAT_ P. . #72-02, )ORS-TAD ADDITION: L j4QTTON by Councilman Mittelstadt to set the Public Hearing date for the above VQ�Uest$ for August 14, 1972. Seconded by Councilman Breider. Upon a voice V9tej all ayes, Mayor Liebl declared the motion carried unanimously, RECEIVING THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF JULY 13, 1972: MOTIQN by Councilman Breider to receive the Minutes of the CATV Advisory Corrgitteei with the note that he appreciates these discussions. Seconded by QQU.4gilman Mittelstadt. Upon a voice vote, all ayes, Mayor Lie 1 declared the m9t$oN 94rried unanimously. RECEIVING REPORT REGARDING RE UEST FOR "STOP" SIGN ON 3RD STREET, MRS. ARTHUR YOUNGs MOTION by Councilman Mittelstadt to receive the memo from the C_t, Engineer dated July 21, 1972 and the memo from the Assistant City !-Ianage 'ublic Safety Diregtor dated July 17, 1972. Seconded by Councilman Utter. Upon a vQl9e vete, all ayes, Mayor Liebl declared the motion carried a ::nimously, MOT19N by Councilman Mittelstadt to direct that stop signs be installed at 48th Avenue to stop the north/south traffic on Third Street. Seconded by QQW- 19jJM4n Utter. TC, C-i 'l ineer poll-I ed G'2L ._1.7.t hotI: ;"n i.l: by the Public Safety Director, there have been very iew accident at this 1994ti.on, It is not feasible to put up stop signs at every corns throughout the Gity, The reports further point out that stop signs sthould lot be used f9�' gQntr91 of speed and when they are, and a motorist has to st.:p too many t,jmgv� 1t causes annoyance anti a more dangerous situation is cre i::ed rather thaN A 1QSs dangerous one.