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SP71-12 DENIED CITY OF FRIDLEY 1 TYPE OF REQUEST MINNESOTA '`1 ____ PLANNING AND ZONING FORM Rezoning Number SP #71-12 _„„_Special Use Permit Variance APPLICANT'S SIGNA Lot Splits Address } ______Approval of Pre- liminary Plat Telephone Number ��- � �g Approval of Final PROPERTY OWNER'S SIGNATUR- Plat ,_,Streets or Aller-.. Address �, Vacations Telephone Number - y Other Z� 4- Street Location of Property Lega Description of Property_�a „� -5l � �,, � 4Z . 1 Present Zoning Classifications f O, Existing Use of the Property Proposed Zoning Classification, Special Use, Variance or other request Describe briefly the Type of Use and the Improvement Proposed 1 l .3 Acreage of Property�i�..�, ioo 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? �-c> �J — When? 6 What vas Requested� ��1�.�/ �� 1 Fee Enclosed $ �� Date Filed Date of Hearing 1 � A ANNING ANIS ZONING FORM PACE 2 Number SP X671-12 The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the propcYty in question, belongs to the undersigned. Residents and Owners of property within 300 feet: PERS014S ADDRESS Eas f Ler Jed. Lot (,31K (lei-ai"1 SOi) �� nsf �lVer off. E E1 -/1 �i�- _ �. . L��'.l.ve-in Rd. i ,fid �e R �"l n�•(7 P i7_S(�h �,.5/ t�S/ �! ✓r'.1^ �d. �c�7�'G�[��{ f4 f Rr. cl c' n Lz 7o •- 111(421/ dk List Cit i ued on s cond sheet: A sketcT of proposef property and structure must be drawn 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 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 August 12, 1971 SIGNATURE_F G. (APPLICANT) Approved Denied By the 3o6rd of AP4ebis Subject .to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Following Conditions: date Approved Deniedby the Council on Subject to the Following Conditions: date Form PC 100 J CORRECTED OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Com- mission of the City of Fridley will meet in the Council Chamber of the City Hall at 8:00 P.M. on Wednesday, September 22, 1971 to consider the following matter: A request for a Special Use Permit, SP #71-12, by Harland E. Berry to construct double bungalows on Lots 3 and 4, Block 4, Ostman's Third Addition, in an R-1 District as per Fridley City Code Section 45 .051, 3, D. Generally located in the 6900 Block of 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: September 8, 1971 September 15, 1971 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Com- mission of the City of Fridley will meet in the Council Chamber of the City Hall at 9:00 P.M. on Wednesday, September 1, 1971 to consider the following matter: A request for a Special Use Permit, SP #71-12,by Harland E. Berry to con- struct a double bungalow in an R-1 District as per Fridley City Code Section 45.051, 3, D, on Lots 3 and 4, Block 4, Ostman's Third Addition. Generally located in 6900 Block of 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: August 18, 1971 August 25, 1971 k� lit- /4 sia Bcn `✓a, s°�t\Y (r EOI I 1—'` y y .:14 ..^.,,✓,r,,►-�, .r •49.3-.. SP #71-12: Harland E. Berm— •�'%Ala_ L. 3 & 4, Bl. 4, Ostman's Third Add. 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IO —�� _ /i --—- -- �� '� � ♦�` J i•' � e �r. �,� a .� I� 3 j `rri' �4r g ry ' /.9 I I ' i I I '. � ! S; r iir i�•aw .rd a. .I``.��`" �9 � � 1Y w � S ..�s s4- 30 /7 '-"� I cNi �'e\ `{.r roitr - - -_-• of 1 1' -r; '? , •r��.•� �,test I d!°.....,)yi,t �ry fir- i nvr -!l t . . I 69 TH� WAY N.E II � ' _' �I 1+ s z? Public Hearing Notice: SP 471-12 - Harland E. Berry Before Planning Commission: Mailed Asst 16, 1971 CORRECTED NOTICE September 2, 1971 J. A. Pietrzak Robert A. Schmidt 80 70th Way 6925 Hickory Drive Fridley Fridley F. H. Rudeen William C. Hoffman 120 70th Way 6900 Hickory Drive Fridley Fridley E. R. Jorgenson Richard Miller 6951 East River Rd. 6906 Hickory Drive Fridley Fridley E. E. Moore Carl Tormoen 6941 East River Rd. 6912 Hickory Drive Fridley Fridley Richard C. Jeranson Fred M. Peterson 6911 East River Rd. 6918 Hickory Drive Fridley Fridley V. M. Winkel Willis G. Larson 6901 East River Rd. 6922 Hickory Drive Fridley Fridley LeRoy E. Peterson Henry Mengelkoch 6825 Hickory St. 70 70th Way Fridley Fridley Wm. B. Thompson John Johnson 6835 East River Rd. 5926 Hickory Drive Fridley Fridley George H. Bjorklund Harland P. Berry 48 69th Way 7099 Hickory Drive Fridley Fridley Girl Scout Council 127 North 7th St.-Rm. 200 Planning Commission Members for Corrected Notice Mpls. 55403 Oliver R. Erickson Lorraine R. Hanson 6056 Woody Lane 6901 Hickory Drive Fridley Edward J. Fitzpatrick 5273 Horizon Drive Dr. T. H. Lester 6909 Hickory Drive Robert A. Minish Fridley 331 Pearson Way Clarence C. Mitchell Eldon Schmedeke 6917 Hickory Drive 5900 University Ave. Fridley George G. Zeglen, Jr. 841 Rice Creek Terrace 6900 Hickory -Drive Fridley, Minnesota 55432. 5 July 1969 The Fridley City Council Fridley, 14innesota G ant lemen: REFER&4CE: Official Notice, City of Fridley, re: � Public Hearing Before City Council, 14 July 1969 to consider request for a Special Use Permit for a ttwo fimily dwelling ' , Lot 3, Ostmant s Third Addition (6921 H. River Ted.,) Fridley, 2 July 169. Referring to above request (previously rejected but being appealed) it is urgearxtly recommended the request to construct a ttwo familyt dwelling in a legally constituted single unit dwelling area be again rejected based on: a. Existing Fridley Building codes b. Single unit homes in this area were purchased at premium prices to assure type privacy afforded in a ' single unit t area. C. Although petitioners (Petersons) are fine citizens and state then not only will reside in the proposed dwelling but will carefully screen all prospective sub-renters, history, sadly enough, seldom bares out such good intentions. d. Approval of the Special Permit would certainly de- crease -value of Isin>gle units homes in this area a conservative 10 to 200. , e. Circumvb!ntion of existing rules, regulations, statutes etc. , as a 'special interest gesture, favoring one against the marq c -*n only result in loss of confidence in admin- istrative procedures to the end th::ot ttod;V- s exception begets debacles for the morrov► S Incidentally, city records will show natighbors have faithfully policed the lot in question, i. e. , cut the weeds, disposed of refuse, burned (by official permit) and otherwise attempted to maintain area appearance in ccansonance with adjacent well-kept hoarse sites. If no construction is done we shall, in all probablility, continue to to the house-keeping chores for the owners - as well as for the City of Fridley. Very truly yours,:. Cp to: Mayor Kirkham 17illiam C. Hoffmann: The Roger Pet ersons (Copymade ]2Z me this date 22 u T71)„ L11.C.Hof n 6900 Hickory Drive Fridley, Minnesota 5:5432 22 August 1971 'he Fridley City Council Fridley, Minnes of a Gentlemen; Reference; Planning Commission Notice - to consider on 1 September 1971 '4r. Harland F. Berry ?s request to construct a double bunglow in a 'non-double-Runglow zone? (Notice dates - Aug 18 - 252 1971) with reference to the above rc-4uest which was disapproved on previous occasions - attention is invited to inclosed copy of letter dated 5 July 1969 on the same subject ,�,hich applies to-day as it did two years ago. Constructing other than single unit homes in a single unit area devaluates existing properties based on the oft- proven premise that such dwellings occupied by RENT ?.RS tend to ?go to seeds - become a neighborhood blight. It is ther :fore requested this request of Cdr. Berry be again repeat again denied. Very tru-Jy yours, Inc is; iam C. Hof r�naxin Cpy of ltr 5-Jul-69 same subject 6900 Hickory Drive 1,11inneupolis, mannesota 55432 5 September 1971 The Fridley City Council Fridley, TPTinnesota Attention._ D Ilanning Commission Gei.-itlenen; References-. (1) Planning Commission Announcement relative Special Use Permit SP do. 71-12 by Harland E. Perry (Construction of a double bunglow) contrary to existing codes. (2) Planning Commission Announcement correcting above to provide for tdouble bungloL,,st - contrary to existing city codes. (3) sever,-al previous requests in this matter through the years by 11,Tr. Berry - all rejected to date for good and sufficient reasons. (4) JvtT letters dated 5 July 169 & 22 August 1971 recommending rejection based on exiting. City codes. Reference my letter and inclosure, rl-:ferred to in reference (4) above; all objections to the construction of DOUBLE BUNGLOWS in area concerned listed remain cogent PTuJTS doubling all s-acii objections now that (:L,uble BTJI-IGLWJS,,are the order of the day . Again, construction of other than single u--.I-iit homes in a single unit area devaluates existing properties and invites not only shoddy construction but transient renters whose tcoming and going, ' cast a blig.;it on the neig-liborhood. Fina�],Yj, how many more times is the basic request for exception to be permitted to usurp the valuable time of the Plannirg,, Commission? Very trii-ly yours., `a October 26, 1971 Harland E. Berry 7099 Hickory Drive N.E. Fridley, Minn. 55432 Re: Special Use Permit No. 71-12 Dear Mr. Berry: Your request to build two double bungalows on East River Road, one on Lot 3 and one on Lot 4, Block 4, Ostman's Third Addition was denied by the City Council on October 18, 1971. If you have any questions, or if you would like copies of the minutes, please call. Your`rs ver DARREL CLARK Engineering Department DC:ob ar"ap", .�yy�"gJ}r yb;.� �' ��`y" � •z, �.t�, �'�.t,,,� "� x � � +d.,,il,,";W-, � � �,� '�, ��•��' ,�,sk ,,,� �.,'*!C'q;,l'^et t i `�, �z � #��' ��, r „k+'� �.s, � 1,t::i� � -a„�, .fig �,,�,., �t,; 7� .y ^ �5,,'•r5 ��'r'�' a�-!i".�' t`�+ P`�N -.'� � ,:t3v x �'"* z a ;. � 'tl� w,t"'Y� �. :�'y�; '7sG* �ry'1'' •�t.,stiw� �+' �S •y�r I �.�y;'. �'. '9 i _ t. '4J s�"°.�rin '�{ -7 - `F 3� �.`�, A � �*„ae•i 3 � "T ��` Fc�`;; �` �� k'� x :?' ^td�I��a�.;��r+�` �$��.�.+!�'�a r'�i=,{�c �'"r �.-. ,t s»'R � �'y •� c .� .•dw w. Asx ;_,�- y *' u �,. r..w -;y�'$3#. .,y�;. ..,�. ..� i'r ;ta >: i:. 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Y`fgi` .(Y4•« u='r � ne a„+!r„ "gs.�".1r e+l�'r#s` .`S 3.�� r�-,{'_' ^ 'C ,y.. 0 'L S. t Y ++�i ,�C. 4aXx 77, N" � Ci" '�►�"�' ..#.5`�' L 'ka� � 'R �°�l: s"+ {�,,,Sp.�� ry ', � �° � �"�' tea.:�•�� #`�iC*X fz _ y�;. "�s�R. � ,,,�.. r��'4-�r �� dm'm r Jor �� ..A- �a�+1 t� 'x. � _ .r. ��•�.i' ��' '$y �_t � s. Sr ,�,'.t rf a, fi ��is ^` �4a :' S,%�'' w '�''.,r^ - tti •-' ;w.aa '�.' 3c- .>�.#i,�. .t' -,. ", .»y �„ ryy y ir� T � �.33f,., trtr War Plarihing Commission Meeting - August 18, 1971 Page 7 Roger Larson, James Wiensch and Frank Reese were present for the townhouse development. The improvements in the green areas were noted. Mr. Reese said that attached garages or tuck under garages are better adapted to sloping land-- this land is level so that it would be no improvement in this instance. They now have 60 feet between structures. The sidewalks and doors are basically the same circulation system. Dumpsters will be inside of the building and refuse will be hauled away. There is a forty foot right of way along the East side, which will be deeded over at the time of the building. They are allowing for a future right of way along the West side. Chairman Fitzpatrick explained that the City will have a slope easement of 160 feet North on Rice Creek and the developers cannot build on it, but can use it for density and the City would retain ownership. Mr. Reese continued that there will be trees around the homes. The homes will be three bedrooms, full bath, full basement, no walkout, have individual furnace and central air conditioning. Darrel Clark explained that the preliminary plan before the Planning Com- mission becomes the basis for the final plan after Council approves it. The Commission now is to approve the arrangement of buildings, density and the units for every 3,000 square feet and accept the layout. Mr. Zeglen had some doubts about the parking. MOTION by Zeglen, seconded by Minish, that the Planning Commission recom- mend approval of the preliminary plan of the Townhouse Development as submitted and presented to the Planning Commission, dated August 18, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. 6. CONFIRM PUBLIC HEARING DATE: REQUEST FOR SPECIAL USE PERMIT, SP 471-12, HARLAND E. BERRY: To construct a double bungalow on Lots 3 and 4, Block 4, Ostman's Third Addition per City Code, 45.051, 3, D, on September 1, 1971. MOTION by Minish, seconded by Zeglen, that the Planning Commission confirm the public hearing date of September 1, 1971 of a request for a Special Use Permit, SP #71-12, by Harland E. Berry to construct a double bungalow on Lots 3 and 4, Block 4, Ostman's Third Addition per City Code 45.051, 3, D. Upon a voice vote, all voting aye, the motion carried unanimously. 7. LOT SPLIT REQUEST: L.S. 471-09, ING SIVERTS, JR. : Part of Lot C, Registered Land Survey No. 3 - for building site. Mr. Siverts' request is to split Lot C. His home is on the North end. The area of Lot C is approximately 34,450 square feet. The Southern portion would be split in such a fashion so as to give the proposed buyer about 20,000 or more square feet. The County Surveyor, Roland W. Anderson, submitted a statement addressed to Mr. Siverts and the Planning Commission.to inform the.,. that the Mortgage Planning Commission Meeting - September 1. 1971 Page 4 MOTION by Zeglen, seconded by Minish, that the Planning Commission recommend to Council the approval of the request for a Special Use Permit, SP #71-11, by David O. Harris, to construct a second garage on Lot 12, Block 1, Holiday Hills Addition per Fridley City Code, Section 45.051, 2, A subject to the stipulation that the City Attorney be requested to check with the Conservation Department, or any other Department concerned with the regulation of public waterways or watershed to determine how close a structure can be to the shoreline of Rice Creek. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PUBLIC HEARING: SPECIAL USE PERMIT, SP #71-12, HARLAND E. BERRY: To con- struct double bungalows on'Lbts '3 and 4, Block 4, Ostman's Third Addition per City Code 45.051, 3,D. Mr. Roger L. Peterson, the son-in-law of Mr. Berry, represented the petitioner as Mr. Berry was out of town. He brought out the fact that this same request was made several years ago for a double bungalow on Lot 3. The Planning Commission and the Board of Appeals approved, but the Council denied the request. Both lots are low, and will require a large amount of fill to bring them up to the level of the road. These lots are not the most attractive ones due to the cost of fill and overhead there is a high line that runs above the front yard, and being on East River Road does not help a lot. The actual expense of building a single family home would not make it a practical investment. They tried to maintain the lots and had some fill brought in, but people are still dumping garbage and trash there. Mr. Peterson said they would try to get some kind of turn around so that the cars could drive onto East River Road facing the traffic and not backing out. It was noted that there was an error in the public hearing notice -- the notice stated "a double bungalow --- on Lots 3 and 4", but the application stated "double bungalows" on Lots 3 and 4. The Commission felt a Corrected Notice should be published, and a note of explanation sent with the notice of hearing to the residents within 300 feet. MOTION by Minish, seconded by Zeglen, that the Planning Commission table to September 22, 1971 the Public Hearing of the Special Use Permit, SP #71-12, by Harland E. Berry to construct two double bungalows, one on Lot 3 and the other on bot 4, Block 4, Ostman's Third Addition per City Code 45.051, 3, D, pending the publication of a Corrected Notice and the mailing of the Corrected Notice to the property owners within 300 feet. Upon a voice vote, all voting aye, the motion carried unanimously. 4. REPORT ON GUIDE LINES FOR SUBSTANDARD LOTS: To be continued as material is not ready. Darrel Clark reported that the information is almost complete and will be ready for the September 22, 1971 meeting. ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 9:45 P.M. Respectfully submitted Hazel O'Brian Recording Secretary PLANNING COMMISSION MEETING SEPTEMBER 22, 1971 PAGE 1 The meeting was called to order at 8:00 P.M. by Acting Chairman Fitzpatrick. ROLL CALL: Members Present: Minish, Zeglen, Fitzpatrick, Schmedeke Member Absent: Erickson Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MINUTES: SEPTEMBER 1, 1971 MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission minutes of September 1, 1971 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: SEPTEMBER 2, 1971 MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of September 2, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: SEPTEMBER 21, 1971 MOTION by Minish, seconded by Zeglen, that the Planning Commission receive the Board of Appeals minutes of September 21, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONTINUED PUBLIC HEARING: SPECIAL USE PERMIT, SP #71-12, HARLAND E. BERRY: To construct double bungalows on Lots 3 and 4, Block 4, Ostman's Third Addition per City Code 45.051, 3, D. The Public Hearing Notice was read by Acting Chairman Fitzpatrick. Mr. Roger L. Peterson restated the reasons for the request. The plan is to build two double bungalows, one on Lot 3 and one on Lot 4. The buildings will look exactly like a home (pictures were shown to the audience) . Because of the terrain, a basement will be put in and that expense would add too much to construct single family homes. It has taken a lot of fill to bring the lots up to the level of the street and there was expense connected with that. A high line comes through the middle of the front yards. East River Road does not add to the attractiveness of the lots. They have tried to sell the lots as single family homes, but were unable to do so. W. C. Hoffman, 6900 Hickory Drive: He referred to the letters he had written objecting to the request for a double bungalow dated August 22, 1971, September 5, 1971 and July 5, 1969. He stated the same request had been made before and was turned down. The neighbors were in favor of some building on these lots, but not double bungalows. The }neighbors have been cleaning up the lots for three or five years and have asked to do burning on the lots as they are nothing less than a City dump. He felt the first notice was subterfuge, the second notice correctly stated two bungalows. They were still not in favor of the request. He wondered if the Commission realized that their hop". wo4ld be devaluated by allowing two Planning Commission Meeting - September 22, 1971 Page 2 double bungalows to be built there. Probably this was a money making proposition but he felt the neighborhood should be left as it is -- a single unit housing neighborhood. Mrs. Ted Lester, 6909 Hickory Drive: Her feelings about the situation were similar to Col. Hoffman's.There were no personal objections to Mr. Berry, nor to renters, but their place was not in a single family zoning. Mrs. Carl Tormoen, 6912 Hickory Drive: Recently a realtor told them this would lower the value of their property. Mr. John Lindquist, 6901 East River Road: He concurred in what has been said. Mr. Carl Tormoen, 6912 Hickory Drive: He felt the lots should remain single family dwelling area for the school as well as the whole neighborhood. Douglas Ostien, 6918 Hickory Drive: .He concurred with what had been said. Mr. Peterson said that they have removed everything from boulders to trees on the two lots. People still drive by and think it is a dump. They felt that by building a presentable bungalow, they were not out to devaluate the property in the neighborhood, but trying to improve it. He felt an attractive duplex that looks like a home is much nicer than boulders, trees, etc. Mrs. Lester asked him why they did not build a single family home. He answered that East River Road is not desirable for homes as they never had a call for the sale of the lots. If they could have sold them, they certainly would. Down the street two blocks there are two double bungalows, side by side, and you would have to agree with him it has improved the area 100%. Neither one is downgrading the area. As far as rent is concerned, he said they would be talking about $190 a month. Mr. Tormoen said the problem is that renters do not take care of the property, and this can't be controlled even by the owner. Mr. Peterson said they would not want people coming in and destroying the property. Mr. Hoffman agreed that Mr. Berry could not control that type of thing. Darrel Clark said that a double bungalow is permitted with a Special Use Permit under the R-1 District. Mr. Hoffman said that this man has been turned down two or three times. Why should the time of the City Council and City be taken over and over again, and not have this settled two, three or four years ago. It seemed "vigilance is the price of liberty". Chairman Fitzpatrick answered that any property owner has the right to make a request such as this periodically. If there are objections, they have to b8 heard periodically. Mr. Peterson was asked why it was not feasible financially to put up the same structure for single family., He answered that you could never sell a single family home for the same price of a double bungalow. They have tried to sell lots in the past and they will not sell. Mrs. Lester asked if Fridley has any ruling on owners taking care of empty lots, and Darrel Clark said the City has a Weed Ordinance whereby a person owning f Planning Commission Meeting - September 22, 1971 Page 3 lots cuts the weeds, but if he does not, the City cuts the weeds and the bill goes on the taxes. MOTION by Schmedeke, seconded by Minish, that the Planning Commission close the Public Hearing of the Special Use Permit, SP #71-12, Harland E. Berry, to construct double bungalows on Lots 3 and 4, Block 4, Ostman's Third Addition as per City Code 45.051, 3, D. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Minish, that the Planning Commission deny the request for a Special Use Permit, SP #71-12, by Harland E. Berry to construct double bungalows on Lots 3 and 4, Block 4, Ostman's Third Addition as per City Code 45.051, 3, D, for the following reasons: This is an ideal R-1 District; it would create double traffic problems for these lots entering and exiting onto East River Road; most people in the area expected this parcel to be developed as it is now zoned. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Minish stated he wished to clarify the allusion to subterfuge regarding the Public Hearing Notice. The Notice published on August 18th and August 25th for the Hearing on September 1, 1971 contained the following typographical error: "---to construct double bungalow on Lots 3 and 4---". The action, of the Planning Commission was to make the people aware of the error and a corrected i Notice, published September 8th and September 15th reading "---to construct double bungalows on Lots 3 and 4---" was inserted in the paper. A Notice of explanation and a copy of the Public Hearing Notice was mailed to the people. Mr. Minish concurred with the problem of traffic on East River Road. The 1 high line would be of no more a problem to these lots as the other lots in the neighborhood which it crossed. This particular area has a school and Girl Scout Camp across the street which they thought was necessary for single family develop- ment. Once before when he was on the Board of Appeals, this request came up before the Board and at that time, the recommendation was for denial for the same reasons. He didn't feel the situation had changed. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP X671-13, DICK'S NORTH STAR: Lots 3, 4 and 5, Block 7, Berlin Addition. To sell recreational trailers per City Code 45.101, 3, N. No one was present to discuss the request. Chairman Fitzpatrick read the Public Hearing Notice. MOTION by Minish, seconded by Zeglen, that the Planning Commission receive the opinion from the City Attorney in a 2'etter dated September 9, 1971 stating "it is perfectly legal and reasonable to require a Special Use Permit for the expansion of a nonconforming use" and the correspondence from Peter Herlofsky requesting the information dated September 2, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Clark explained that this service station is in M-2 District and has been there for many, many years under a legal nonconforming use. Because it was zoned M-2, and there was nothing in the Zoning Ordinance for a trailer use, it was felt there should be a Special Use Permit for the service station and extend his service for rental of trailers. This would be an expansion of the REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 11 RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 21, 1971: The City Engineer reported they had one item on their agenda, which is still under consideration, so there is no Council action necessary. (Mr. A.R. Elasky, 5517 12th Avenue So. , Minneapolis for property at 555 57th Avenue and 5703 Washington Street N.E.) MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of September 21, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 22 1971: 1. SPECIAL USE PERMIT, SP #71-12, HARLAND E BERRY: To construct double bungalows on Lots 3 & 4, Block 4, Ostman's 3rd Addition per City Code 45.051, 3,D. The City Engineer reported the Planning Commission's recommendation is for denial of the request. Mayor Kirkham pointed out that if the request is denied the applicant can request a public hearing before the Council. Councilman Liebl said this request has been turned down three times already. He said that as the Councilman for the First Ward and the Councilman At Large were not present, he would rather wait for their opinion. MOTION by Councilman Liebl to table this request for a special use permit by Harland Berry to the meeting of October 18, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. 2. REQUEST FOR A SPECIAL USE PERMIT, SP #71-13, DICK'S NORTH STAR: Lots 3, 4, & 5, Block 7, Berlin Addition. To sell recreational trailers per City Code 45.101, 3,N. The City Engineer said this request is from a gas station on the south end of East River Road. The Planning Commission granted approval of the continued use for the gas station, but denied their request for a permit to sell trailers. Councilman Liebl said, generally speaking, gas stations in the City do not have enough land to accommodate the sale of trailers. MOTION by Councilman Liebl to- concur with the Planning Commission's recommendation and grant the continued use of the service station, but deny the request for the addition of retail sale of trailers. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. REQUEST FOR REZONING, WAY DAR LAND CORP. BY WAYNE PETERSON, PRESIDENT: Lots 23 through 30, Block 13, Hamilton's Addition to Mechanicsville to be rezoned from R-3 to C-2 for a "Little Dearborn" warehouse and sales office. MOTION by Councilman Liebl to set the public hearing for the rezoning request by Way Dar Land Corp. for November 8, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mhyor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 12 4. VACATION REQUEST: SAV #71-04, EDGAR A: HOUSER: -Vacation of Gumwood Street between 77th Way and 78th Avenue and also vacation of the alley running on Westerly property line from 77th Way to 78th Avenue in Lots 1 through 8, Block 5, Onaway Addition. MOTION by Councilman Liebl to set the public hearing date for the vacation request by Edgar Houser for November 8, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF SEPTEMBER 23, 1971: CONSIDERATION OF A REQUEST TO CONSTRUCT THE FIRST PHASE OF THREE STAGES OF CONSTRUCTION. STAGE ONE TO CONSIST OF FORMS RECONDITIONING BUILDING AND A CUTTING BUILDING TO BE LOCATED ON PART OF LOT 1 AUDITOR'S SUBDIVISION #79 THE SAME BEING 4500 MAIN STREET N.E. , FRIDLEY, MINNESOTA. (REQUEST BY CECO CORP. , 2900 EAST HENNEPIN AVENUE, MINNEAPOLIS, MINNESOTA) : The City Engineer said that this request for a building permit is for the first phase of construction by Ceco Corporation. South of the site is Minnesota Linseed Oil Co. and to the north is Railroad Accessories. This is the first stage of a three stage program. He then showed the plans at the Council table and said the Building Standards - Design Control recommended approval subject to their stipulations which are listed in their minutes. He showed the setbacks of the buildings and said they will all meet the code requirements. MOTION by Councilman Liebl to concur with the Building Standards - ';',)esign Contro.1 recommendation and grant the permit for the first phase of construction planned by the Ceco Corporation, subject to the stipulations: 1. Insert slats in steel cyclone fence; and 2. Poured concrete curbing around all blacktop outside the gate. He added he would like to see particular attention given to the east side of the property as it faces Main Street and there is residential property on the other side. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards - Design Control Meeting of September 23, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF AUGUST 26, 1971: MOTION by Councilman Liebl to receive the Minutes of the Fridley Human Relations Meeting of August 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF SEPTEMBER 23, 1971: MOTION by Councilman Liebl to receive the Minutes of the Fridley Human Relations Meeting of September 23, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 12 MOTION by Councilman Harris to instruct the Administration to notify Park Construction of the complaints received, and specifically, that they are not to haul on Main Street at night. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION SAV #71-05 OF A SIXTY FOOT WIDE PUBLIC STREET, UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED SOUTH OF GARDENA AVENUE AND WEST OF GRACE HIGH SCHOOL: (Matterhorn Drive) MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-05 BY REAL ESTATE 10, INC. , GENERALLY LOCATED AT HILLWIND ROAD IN THE 1000 BLOCK: The City Engineer reported there was one gentleman who objected to the rezoning and felt this was not the best use of the property. He felt that with the whole area multiple, that an office building would be out of place. MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SPECIAL USE PERMIT SP- #71-02., HARLAND E. BERRY TO CONSTRUCT DOUBLE BUNGALOWS ON LOTS 3 AND 4, BLOCK 4, OSTMAN'S 3RD ADDITION PER CITY CODE 45.051, 3,D: Mr. Roger Peterson said that the lots in the present condition are a detriment to the area, and double bungalows would certainly be an improvement. They would be walk-outs to the rear and would appear as single family homes. East River Road is not the best place to locate single family homes, people do not want to build on East River Road. There are many homes for sale along East River Road. Councilman Harris said he had reviewed this location. There are only two empty lots in the area, and in the adjacent area are single family lots. It has been the policy of the Council not to allow double bungalows in a single family area. Councilman Breider asked if it was not correct that he tried to get this rezoned before. Mr. Peterson said yes, Lot 3. He was going to build and live on the property but when he was turned down, he bought a house in Coon Rapids. He said he still felt as he felt then, that this would be a good use for the property, and as it is, it is a detriment. He said if he could sell the property as R-1, he would have done so long ago. MOTION by Councilman Harris to concur with the Planning Commission's recommendation .and deny the request. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 6, 1971: LOT SPLIT REQUEST: L.S. #71-10, 0 ADOLPH R. ELASKY: To split Lots 9, 10 and 11, Block 4, Adams Street Addition into two building sites. REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 11 O'Loughlin that if he were to rezone to R-2, it would help the sale of his property. MOTION by Councilman Kelshaw to table this item, with the comment that there were some things he would like to check into before he votes. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 10:00. The Meeting reconvened at 10:30 P.M. VISITOR: Mrs Sandra Reid, 4573 Main Street N.E. , Complaint of Park Construction Trucks Hauling at Night on Main Street: Mrs. Reid asked if Park Construction had a permit to haul on Main Street at night. She said they were hauling at 3:00 A.M. last Thursday. It did not continue on Saturday or Sunday. The City Engineer said they did receive per- mission to haul only to the FMC site at night. They do not have permission to haul on Main Street at night. Councilman Harris said he was glad she brought this to the Council's attention and added this is not the only complaint. Councilman Liebl said that he told Mrs. Reid the Council gave permission on a temporary basis to see how it works out. If there are too many complaints, the Council will again review the question when their time is up on the permit. There have been complaints on the blasting also. The Prosecuting Attorney said there has been a considerable amount of trouble through the Police Department, but not concerned with night hauling. They have been mostly traffic violations, such as speeding. Park Construction has been told of the trouble and they acted quickly and the complaints stopped. Mayor Kirkham assured Mrs. Reid Park Construction would be told and asked that she call the City Manager if it happens again. Councilman Harris said people have registered complaints about the speeding on Osborne Road going past the hospital. It seemed they considered their speed limit 60 MPH both full and empty. The Prosecuting Attorney said they were told if necessary the radar equipment would be set out and there would be additional patrol cars. The Police Department has been assured by Mr. Carlson that he would talk to his truck drivers, and since then, the speeding seems to have stopped. Councilman Harris said they did not receive permission to haul on Main Street at 3:00 A.M. and they should be notified of this complaint. The City Engineer said that in the beginning there was a dust problem from material falling off the trucks, so Fridley required sweeping. They seem to have taken care of the traffic problems. If the truck drivers are hauling on Main Street at night, it may be without Mr. Carlson's knowledge. They have made a diligent effort to keep the problems to a minimum. The Prosecuting Attorney said that if they received permission to haul on any street at night, this is contrary to the Code, so the squad cars should be notified. The City Engineer said that before the construction started, the Council was made aware that there would be problems. Park Construction is trying to keep these problems to a minimum. He agreed he certainly did not want people bothered at 3:00 A.M. He said he would continue to work with them.