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SP80-13 (2) CITY OS~ PRIOLEY, SUBJECT ' 6431 UNIVERSITY AV F. NE. SPECIAL USE PERMIT FRIDLEY. MN. 5543P (6'12),571-3450 SP # 80-13 ADDRESS 945 Mississippi St N E DATE 1213 So PLANNING COMMISSION: P.H. DATE 2/4/81 APPROVED X DISAPPROVED DATE 3/4/81 NO 1 CITY COUNCIL: P.H. REQ'D None DATE N/A NO N/A CITY COUNCIL: APPROVED X DISAPPROVED DATE 3/16/81 NO STIPULATIONS: (1 ) The existing storage shed be moved to the rear of the lot by the time the new garage is completed. NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? ___yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and ccrrect. DATE _ SIGNATURE_ APPLICANT ADDRESS TELEPHONE NO I � f � . 1 CITY OF FRIDLEY MINNESOTA 17 PLANNING AND ZONING FORM NUMBER43 TYPE OF REQUEST APPLICANT'S SIGNATURE ` � , Rezoning Address 9�,�' � S S t, SS i ami S _ Special Use Permit Telephone Number / - s— Approval of Premin- inary & Final Plat PROPERTY OWNER'S SIGNATURE Streets or Alley / $24) Z Vacations r Address y3 Z4/, SS , SS �� /Jam Other Telephone Number �,C Fee L� Receipt No. /Y Q Street Location of Property f s 1 e 1 Legal Description of Property LO� .2& e j- S u b A IA� u j Present Zoning Classification Existing Use of Property. Acreage of Property : Describe briefly t e proposed zoning classification or type of use and impxWement propos d S r Q lb a r - �o ,� u s d S�a a 4 �b l q Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes_ ho. What was requested and when? p The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) 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 proceedis resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. { A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names. S. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. / 1? �4 DATE - SIGNATURE oe� - PPLICANT) i t Date Filed Date of Hearing _ b Planning Commission Approved City Council ApprovedI (dates) Denied (dates) Denied 1� CI'T'Y OF 1IM)LEY MINNESOTA 17 ' 4 ' PLANNING; AND ZONING } ORM NUMBER /3 TYPE OF REQUEST APPLICAN'T'S SIGNATUREiRezoning Z Ad dress i� S j S -r ,� j/ Special Use Permit �'.-�-- Telephone Number. �1`7r - _� _ Approval of Premie- inary & Final Plat Streets or Alley PROPERTY OWNER'S SIGNATURE_L%L -z� Vacations Address �ycl� S S i S S43/ J J Other Telephone Number cj�7 Fee Receipt No. /�CQ Street Location of Property �J c •S C Legal Description of Property L oT 8 %- S tt b } 1,457 it Present Zoning Classification-� —Existing Use of Property__,--Ie Acreage of Property Describe briefly the proposed zoning classification 0 or type of use and imp-i ement propos d V, e, �l j S T/h, IQ ,l s Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes__-_J�ho. What was requested and iqhen? /V p The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (3S0 feet for rezoning) must be attached to this application. (b) 'Phis 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 proceedip9s resulting from the failure to list the names and addresses of all residents and property oi%mers of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the follo%aing: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names. S. Location and use of adjacent existing buildings (within 300 feet) . a representations stated in this The undersigned and re hereby declares that all the facts p application are true and correct. DATE + t SIGNATURE ,.%% - ✓ � �/ �%�-�`-^- E� f , (API�1CA��� Date Filed Date of Hearing _ . F Plannin Commission Approved City Council Approved (dates) Denied (dates) Denied (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, February 4, 1981 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a request for a Special Use Permit SP#80-13,by Walter J.-Miller, per Section 205.051,2,A,of the Fridley City Code,to allow the construction of a second accessory building,a 24 ft. by 30 ft. detached garage, located on Lot 3, Revised Auditor's Subdivision No.21,the same being 945 Mississippi Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H.HARRIS Chairman Planning Commission (Jan.21&28,1981)-FRID 16 t PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE ishereby 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, February 4 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a request for a Special Use Permit, SP #80-13, by Walter J. Miller, per Section 205.051 , 2, A, of the Fridley City Code, to allow the construction of a second accessory building, a 24 ft. by 30 ft. detached garage, located on Lot 8, Revised Auditor's Subdivision No. 21 , the same being 945 Mississippi Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: January 21 , 1981 January 28, 1981 ti� 2 L 3 BLAINE 47 COON RAPIDS Mill � _Cl �I�I INana r— a l x®© \ SPRING LAKE PARK 0", x 35 pnij w x[ w•' t"/l J•'� tows ' III wwwccc••�IJWIILL..JJ N .x x '• Y/ IhiwNl �I l=LAl19 000Y wp � ppp1f t G NM � Loc Ort 35 o®®a z � 6 ® ®6 Ill �1 It 65 g 694 p \ I�i�j� 694 ���I-1��� ,'Alf [ COLUMBIA G HEIGHTS als..ru. • ©E [ STREET MAP-CITY OF 000 Cy FRI DLEY nn� ,7, 8 3;333 6,666 f■ 2 $ [[ � .Iw 1 ANOKA CO /� HEIR PIN CO. l23 MIIMEAPOLIS Planning Commission 1/20/81 MAILING LISTv SP #80-13, Walter J. Miller second accessory building Hilary L. and Doris J. Mayers Mr. & Mrs. Gary Lofquist 969 Mississippi Street N.E. 891 66th Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. John Kurak Mr. & Mrs. Gerald Johnson 6547 Oakley Drive N.E. 6475 Able Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Peter Eisenzimmer Mr. & Mrs. Dell Quimet 6535 Oakley Drive N.E. 932 Mississippi Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Jeffrey Gustafson Mr. & Mrs. Peter Viger 6558 Oakley Drive N.E. 952 Mississippi Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Donald Swanson Mr. & Mrs. Warren Swenson 6550 Oakley Drive N.E. 968 Mississippi Street N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Ronald Bloom 6542 Oakley Drive N. E. Fridley, Mn 55432 Mr. & Mrs. James Tauer 6534 Oakley Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Fredrick Brandt 953 Mississippi Street N.E. Fridley, Mn 55432 Mr. & Mrs. Walter J. Miller 945 Mississippi Street N.E. Fridley, Mn 55432 Mr. & Mrs. Edward Berntson 925 Mississippi Street N.E. Fridley, Mn 55432 Jeffrey R.,, Timothy L, and Robert J. Gustafson 935 Mississippi Street N.E. Fridley, Mn 55432 Mr. & Mrs. Wayne Brodal 931 Mississippi Street N.E. 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J T��L7—T7`i T: T r�.�_:��B._ .. .—- --------— - + -• 4 C s 22 PLANNING COMMISSION MEETING, FEBRUARY 4, 1981 PAGE 6 Boardman stated he wanted everyone to understand that he cannot keep the peti ' ner from developing industrial if he so chooses as this property is present oned M-1 , light industrial . MOTION BY MS. HUGHES, SECONDED BY MR. TREUENFELS, TO RECOMMEND TO CITY COUNCIL d APPROVAL OF VACATION REQUEST SAV #80-14 BY W. G. DOTY AND GARY A. WELLNER TO VACATE THAT PART OF MINNESOTA STREET, AS LAID OUT IN LOWELL ADDITION TO FRIDLEY PARK; OR MERCURY DRIVE, AS LAID OUT IN SYLVAN HILLS PLAT 3, NOW KNOWN AS SATELLITE LANE, LYING WEST OF THE NORTHERLY EXTENSION OF THE WEST LINE OF STAR— LITE BLVD. , ALSO BEING THE EAST LINE OF LOT 1, BLOCK 4, SYLVAN HILLS PLAT 3. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. j Mr. Harris stated that SAV #80-14 is recommended to Casty Council for approval and will go before City Council on Feb. 23. 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #80-13DY WALTER J. MILLER: Per Section 205.051 , 2, A, to a isting accessory uilding 14 ft. x 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft. x 30 ft. to be constructed on Lot 8, Revised Auditor's Subdivision No. ,21 , the same being 945 Mississippi Street N.E. j MOTION BY MR. TREUENFELS, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP #80-13 BY WALTER J. MILLER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8:32 P.M. Mr. Boardman stated that Mr. Miller was not in the audience. He stated Mr. Miller intends to move the existing shed to the rear of the lot and build a new garage off the existing blacktop area. Staff has no problem with this request, and he has not received any objection from the neighborhood. Mr. Harris stated this was a rather large accessory building, and he would feel rather uncomfortable approving it without talking to the petitioner. MOTION BY MS. SCHNABEL, SECONDED BY MS. HUGHES, TO CONTINUE SP #80-13 UNTIL THE NEXT MEETING AND REQUEST STAFF TO CONTACT MR. MILLER AND ASK THAT HE BE AT THE FEBRUARY 25 PLANNING COMMISSION MEETING. Mr. Treuenfels stated he had some problems with delaying a request for a 24 ft. x 30 ft. garage. UPON A VOICE VOTE, HARRIS, SCHNABEL, AND HUGHES VOTING AYE, TREUENFELS, SVANDA, AND WHARTON VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE. w A* PLANNING COMMISSION MEETING, FEBRUARY 4, 1981 PAGE 5 r { MOTION BY MS. SCHNABEL, SECONDED BY MR. WHARTON, TO RECOMMEND TO CITY COUNCIL DENIAL OF REZONING REQUEST ZOA #80-06 BY W. G. DOT.Y AND GARY A. WELLNER: REZONE THE FOLLOWING DESCRIBED PARCELS FROM M-1 (LIGHT INDUSTRIAL AREAS) TO e R-3 �ENERAL MULTIPLE FAMILY DWELLINGS) , THAT PART OF BLOCKS 8 AND 9, LOWELL ADDITIQN TO FRIDLEY PARK, LYING SOUTH OF THE NORTH LINE OF SYLVAN HILLS PLAT 8, TOGETHER WITH THE EASTERLY 1/2 OF VACATED ELM STREET, AND THE PART OF LOTS 1 AND 2, BLOCK 7, LOWELL ADDITION TO FRIDLEY PARK, LYING SOUTHERLY OF THE t WESTERLY HALF OF VACATED ELI4 STREET, LOCATED SOUTH OF MISSISSIPPI STREET, AND ! EAST OF BURLINGTON NORTHERN RIGHT—OF—WAY. THE REASONS FOR DENIAL ARE: 1. THE OVERWHELMING FEELINGS OF THE NEIGHBORHOOD AS DEMONSTRATED BY THE NUMBERS OF PEOPLE AT BOTH PUBLIC HEARINGS AND BY THE PETITION THAT WAS SIGNED BY THE NEIGHBORS; AND 2. THAT MULTIPLE RESIDENTIAL ON THAT PARTICULAR PIECE OF PROPERTY IS NOT IN THE BEST INTEREST OF THE NEIGHBORHOOD WITH REGARD TO, BASICALLY, TRAFFIC AND THE FACT THAT THE NEIGHBORHOOD ALREADY HAS ! A RATHER HIGH IMPACT OF MULTIPLE DWELLINGS IN IT. F UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated that ZOA #80-06 was recommended to City Council for denial . Mr. Boardman stated this will be set up for a public hearing at City Council on Mar. 9, 1981 . 2. CONTINUED: VACATION REQUEST, SAV #80-14, BY W. G. DOTY AND GARY A. WELLNER: Vacate that part of Minnesota Street, as laid out in Lowell Addition to Fridley Park; or Mercury Drive, as laid out in Sylvan Hills Plat 3, now known as Satellite -Lane, lying West of the Northerly extension of the West line of Starlite Blvd. , also being the East line of Lot 1 , Block 4, Sylvan Hills Plat 3. Mr. Harris stated this was not a public hearing, but they would conduct it as an informal public hearing. Mr. Boardman stated at the end of Satellite Lane, the City has some street right-of-way. The eventual plan at one time was that Satellite Lane would cross the railroad tracks. He stated this is not going to happen. The petitioner has requested vacation primarily because of additional land for development. At this time, the City has no problem with the vacation. The City is not using the street right-of-way and will not be using it. Mr. Michael Larson, 6390 Satellite Lane, stated he is really the only one affected by this vacation as his lot line adjoins the easement. He has mixed feelings about it, but he will not oppose the vacation in the hope that he will see this property developed R-1 . If there was any chance it would be developed R-2 or R-3, he would speak against the vacation. 23 PLANNING COMMISSION MEETING, FEBRUARY 4, 1981 PAGE 7 NOTION 13Y MR. SVANDA, SECONDED BY MR. TREUENFELS, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PER,"1IT,.SP #80-13 BY 6.'ALTER J. MILLER, WITH THE PROVISION THAT THIS GARAGE BE USED AS A GARAGE FOR PARKING 7111D STORAGE AND NOT BE USED FOR A REPAIR SHOP OR ANY BUSINESS—FOR—PROFIT ENTERPRISE. Ms. Schnabel stated she could understand Mr. Svanda's feelings. Her perspective came from being on the Appeals Commission where they hear these kinds of requests all the time. As a regular practice, the Appeals Commission has always requested that the petitioner appear before them. They feel it is not good policy to routinely approve things because a person fills out an application, pays his fee, etc. By having the opportunity to speak to the petitioner, it brings out a lot of information that is not contained in the 8 lines of print on paper. Even though, on face value, it appears to be a very straightforward and simple request, they have often found many underlying reasons and circum- stances. One important thing requested by the Appeals Commission which must be included in the hearing is the hardship of the petitioner--why the petitioner needs what he is requesting. She stated that in this case, there is no hardship shown. Why does the petitioner need this building and why should the Zoning Code be circumvented or altered to permit the construction of this building? For these reasons, she stated she could not support the motion to approve the special use permit. Mr. Harris stated he concurred with Ms. Schnabel . UPON A VOICE VOTE, ST)AND.a, TREUENFELS, AND WIIARTON VOTING AYE, HARRIS, SCHNABEL, AND HUGHES VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE. ~— MOTION BY MS. HUGHES, SECONDED BY MS. SCHATABEL, TO CONTINUE SP #180-13 BY WALTER J. MILLER UNTIL' THE FEB. 25 PLANNING COMMISSION MEETING. UPON A VOICE VOTE, HUGHES, SCHNABEL, HARRIS, AND SVANDA VOTING AYE, TREUENFELS AND WHARTON VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED 4-2. Ms. Schnabel stated she felt the Planning Commission should be cautious about these kinds of things. She did not think it was in the City's best interest to act on things when they do not have the opportunity to speak to the petitioner. Mr. Harris requested Staff to ask the petitioner to be at the next meeting. 4. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. #81-019 MIDWEST AUDITION, BY LOUIS J. HAMLIN, MIDIdEST PRINTING COPIPANY: Being a rep•lat of Block 11 , Great Northern Industrial Center, Fr—icTey, along with some unplatted land. (See Public .Nearing notice for complete legal description) to allow 'die construction of a new building for Webb Printing Company, the same bein _a� 301 Industrial Blvd. N.E.z MOTION BY MS. SC1iN.,10F , SECONDED -BK MR. SVANDA, TO WAIVE THE READING OF THE LENGTHY DESCRIPTION. \ UPON A ,VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANI11OUSLY. PLANNING COMMISSION MEETING, FEBRUARY 4, 1981 PAGE 8 MOTION BY MR. SVANDA, SECONDED BY MR. WHARTON, TO OPEN THE PUBLIC HEARING ON P.S. #81-01 BY LOUIS J. HAMLIN, MIDWEST PRINTING COMPANY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 8:52 P.M. Mr. Boardman stated that instead of replatting Block 11 , Industrial tenter, they decided to go with a new plat with the portion in the Planning Commission agenda. It made it a lot simpler to set up a new addition, calling it Midwest Addition, Block 1 , Lot 1 . This is included in the legal description so they did not have to readvertise the legal description. He stated this property is presently owned by Midwest Printing Company, but they cannot close on the property until this is straightened out. Mr. Hamlin is in the audience to answer any questions. City Staff has no problems with this request. MOTION BY MR. WHARTON, SECONDED BY MR. TREUENFELS, TO CLOSE THE PUBLIC HEARING ON P.S. #81-01 BY LOUIS J. HAMLIN, MIDWEST PRINTING CO. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:03 P.M. MOTION BY MS. HUGHES, SECONDED BY MR. TREUENFELS, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A PROPOSED PRELIMINARY PLAT, P.S. #81-01, MIDWEST ADDITION, BY LOUIS J. HAMLIN, MIDWEST PRINTING COMPANY: BEING A REPLAT OF BLOCK 11, GREAT NORTHERN INDUSTRIAL CENTER, FRIDLEY, ALONG WITH SOME UNPLATTED LAND. (SEE PUBLIC HEARING NOTICE FOR COMPLETE LEGAL DESCRIPTION) TO ALLOW THE CONSTRUCTION OF A NEW BUILDING FOR WEBB PRINTING COMPANY, THE SAME BEING 5101 INDUSTRIAL BLVD. N.E. UPON A VOICE VOTE, ALL. VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated a public hearing would be set at the City Council meeting on March 9, 1981 . He thanked Mr. Hamlin for his time and patience. 5. CONTINUED: CONSIDERATION OF A PROPOSED NOISE ORDINANCE Mr. Boardman stated this would be set up for a public hearing at the Feb. 25th Planning Commission meeting. Ms. Kathy Callahan will also be at that meeting to discuss the noise ordinance. MOTION BY MR. WHARTON, SECONDED BY MS. HUGHES, TO CONTINUE CONSIDERATION OF A PROPOSED NOISE ORDINANCE UNTIL THE FEB. 25 MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. fir.. 23 PLANNING COMMISSION MEETING, FEBRUARY 4, 1981 PAGE 7 MOTION BY MR. SVANDA, SECONDED BY MR. TREUENFELS, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT,SP #80-13 BY WALTER J. MILLER, WITH THE PROVISION THAT THIS GARAGE BE USED AS A GARAGE FOR PARKING AND STORAGE AND NOT BE USED FOR A REPAIR SHOP OR ANY BUSINESS-FOR-PROFIT ENTERPRISE. Ms. Schnabel stated she could understand Mr. Svanda's feelings. Her perspective came from being on the Appeals Commission where they hear these kinds of requests all the time. As a regular practice, the Appeals Commission has always requested that the petitioner appear before them. They feel it is not good policy to routinely approve things because a person fills out an application, pays his fee, etc. By having the opportunity to speak to the peti.tioner, it brings out a lot of information that is not contained in the 8 lines of print on paper. Even though, on face value, it appears to be a very straightforward and simple request, they have often found many underlying reasons and circum- stances. One important thing requested by the Appeals Commission which must be included in the hearing is the hardship of the petitioner--why the petitioner needs what he is requesting. She stated that in this case, there is no hardship shown. Why does the petitioner need this building and why should the Zoning Code be circumvented or altered to permit the construction of this building? For these reasons, she stated she could not support the motion to approve the special use permit. Mr. Harris stated he concurred with Ms. Schnabel . UPON A VOICE VOTE, SVANDA, TREUENFELS, AND WHARTON VOTING AYE, HARRIS, SCHNABEL, AND HUGHES VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE. MOTION BY MS. HUGHES, SECONDED BY MS. SCHNABEL, TO CONTINUE SP #80-13 BY WALTER J. MILLER UNTIL' THE FEB. 25 PLANNING COMMISSION MEETING. UPON A VOICE VOTE, HUGHES, SCHNABEL, HARRIS, AND SVANDA VOTING AYE, TREUENFELS AND WHARTON VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED 4-2. Ms. Schnabel stated she felt the Planning Commission should be cautious about these kinds of things. She did not think it was in the City's best interest to act on things when they do not have the opportunity to speak to the petitioner. Mr. Harris requested Staff to ask the petitioner to be at the next meeting. 4. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. #81-0'1 , MIDWEST ADDITION, BY LOUIS J. HAMLIN, MIDWEST PRINTING COMPANY: Being a rep at of Block 11 , Great Northern Industrial Center, Fridley, along with some unplatted land. (See Public Haring notice for complete legal description) to allowthe con '. ction of a new building for Webb Printing Company, the same.._. Industrial Blvd. N.E.z MOTION BY MS. NABEL, SECONDED MR. SVANDA, TO WAIVE THE READING OF THE LENGTHY LEG DESCRIPTION. UPON A OICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 7 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 4, 1981 CALL TO ORDER: . Chairman Harris declared the March 4, 1981 , Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Mr. Harris, Ms. Schnabel (arr. 7:46 p.m. ) , Mr. Svanda, Mr. Oquist, Ms. Hughes Members Absent: Mr. Treuenfels , Mr. Wharton Others Present: Jerrold Boardman, City Planner Bill Deblon, Associate Planner Ron Miller, 946 Mississippi St. N.E. Paul Gaydos, 3607 - 37th Ave. N.E. , Apt. 207, Mpls. David Menken , 2200 Midland Gr. Rd. , Unit 307, Roseville (55113) Anthony & Rosella Pikus , 4036 Main St. N.E. George Steiskal , 4050 Main St. N.E. Donald Archer,4057 Madison St. N.E. Jan Bertrand, 4042 Main St. N.E. Sue Waldhauser, 6120 - 7th St. N.E. APPROVAL OF FEBRUARY 25, 1981 , PLANNING COMMISSION MINUTES: MOTION BY MR. OQUIST, SECONDED BY MR. SVANDA, TO APPROVE THE FEBRUARY 25, 1981, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMI SP #80-13, BY WALTER J. MILLER: Per Section 205.051 , 2, A, to allow an ex accessory building 14 ft. by 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft. by 30 ft. to be constructed on Lot 8, Revised Auditor's Subdivision No. 21 , the same being 945 Mississippi Street N.E. Public Hearing open. Mr. Boardman stated this item was continued from the February 4 Planning Commission meeting. The Commission had requested it be continued, because Mr. Arthur Miller was not in attendance at that meeting. He stated Ron Miller, Arthur Miller's son, was in the audience if the Commission had any questions. Ms. Hughes asked Mr. Miller what the storage shed was to be used for. r PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 2 Mr. Miller stated it would be used for storage of a lawn tractor and antique furniture. Mr. Harris stated that the size of the new garage was almost the same size as the house. What was the reason for this large a garage? Mr. Miller stated they thought it was a nice garage size and was what they needed. He stated the garage will be used to house two vehicles , plus lawn and garden equipment. They have a large garden. He stated that as far as any other uses, there would not be any. 4 (Ms. Schnabel arrived at 7:46 p.m. ) ¢ Mr. Harris asked Mr. Boardman to explain to Mr. Miller the City's conditions on home occupations. Mr. Boardman stated that the City of Fridley does not allow any gainful home occupations to-be operated out of accessory buildings. Home occupations can only be operated out of the actual family unit itself. This is one of the City's concerns when they have this type of accessory building, especially now when a lot of people are having to go toward home occupations to make additional income. Mr. Miller stated his father is a truck driver and is on the road most of the time. He would not be operating a home occupation. Ms. Hughes asked if Mr. Miller had asked any of the neighbors if there were any objections. j Mr. Miller stated they have very good relationships with their neighbors, and they have talked to their neighbors. He stated that none of the neighbors objected to this; in fact, he thought they would like it. #� MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARING ON SP ##80-13 BY WALTER J. MILLER. i UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 7:52 P.M. 1 Ms. Hughes stated the only concern she would have is that the storage shed be moved to the back of the lot at the same time the garage is being built. It would be easy not to move that shed, and she felt it was important that the shed be moved. Moving the shed to the back of the lot removed the possibility of a lot of things, and the shed would not be accessible to other vehicles. a PLANNING COMMSSION MEETING, MARCH 4, 1981 PAGE 3 MOTION BY MS. HUGHES, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL THE APPP.OVAL OF SPECIAL USE PERMIT, SP #80-13, BY WALTER J. MILLER: PER SECTION 205.051, 2, A, TO ALLOW AN EXISTING ACCESSORY BUILDING 14 FT. BY 20 FT. TO BE MOVED TO THE REAR OF THE PROPERTY AND BE USED FOR A STORAGE•' SHED, AND A NEW DETACHED GARAGE, 24 FT. BY 30 FT. TO BE CONSTRUCTED ON LOT 8, REVISED AUDITOR'S SUBDIVISION NO. 21, THE SAME BEING 945 MISSISSIPPI STREET N.E. , WITH THE STIPULATION THAT THE EXISTING STORAGE SHED BE MOVED TO THE REAR OF THE LOT BY THE TIME THE NEW GARAGE IS COMPLETED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated this item would go to City Council on March 16. 2. PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP 81-01 , BY PAUL GAYDOS AND DAVID MENKEN: Per Section 205.053, 3, D, to allow a single family dwe ling to be converted to a two family dwelling, located on Lots 2 and 3, Block 1 , Berlin Addition, the same being 4042 Main Street N.E. MOTION BY MR. OQUIST, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP #81-01 BY PAUL GAYDOS AND DAVID MENKEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:58 P.M. Mr. Boardman stated this is a request to convert a present single family structure into a two-family structure. This property is located on Main Street in the southern end of Fridley. Across the street is Columbia Heights. He stated that the general rake-up of the neighborhood is single family except for a triplex and a duplex located at 4030 and 4022 Main St. N.E. Mr. Boardman stated that, according to the Zoning Code, this conversion would be an allowed use with a special use permit. He stated the petitioners, Mr. Gaydos and Mr. Menken were in the audience. Mr. Harris asked if the petitioners wished to make a statement. Mr. Gaydos stated this is a Capp split-level home constructed in 1966. It has 1 ,040 sq. ft. on each floor, and to convert it, all that is needed is to convert the laundry room to a kitchen on the lower floor. There are already two separate entrances. Ms. Bertrans stated she is the present owner. This house was constructed as a single family home, and they have completely finished off both floors. Both upstairs and downstairs have two bedrooms and a bath. It is just a matter of converting the storage and laundry room into a kitchen and closing off the wall area to the downstairs. 4 PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 4 Mr. Harris asked if they planned to split the utilities and have separate meters for electrical and gas. Mr. Gaydos stated they planned to do that. Mr. Boardman stated he had no problem with the planned conversion. His main concern was whether they want this kind of conversion done in this location or whether they want to maintain it as a single family home. Ms. Schnabel asked if the petitioners planned to live in it themselves or if they planned to rent it out. Mr. Gaydos stated they both plan to live in one level and rent out the other lvel . He stated that houses today are so cost prohibitive that buying this house and converting it to two living areas is a saviour for them, because they can rent out the lower level until such a time as , hopefully, they can each reside in a level . Otherwise, they would not be able to buy a home for a number of years and would have to live in apartments. ' k Ms. Schnabel asked why the special use permit, rather than rezoning? Mr. Boardman stated that both alternatives are given to the petitioners, but Staff generally recommends a special use permit, primarily because the City doesn't necessarily want that type of rezoning in that area. The special use permit retains the R-1 zoning in a single family zone and gives more flexibility, if the house should burn down, of granting another special use permit for another duplex or maintain it as a single family home. If it was rezoned to R-2, then anything could be built there. Mr. Anthony Pikus , 4036 Main St. N.E. , stated he is opposed to this conversion. He stated the house was built for single family use. He stated he is very unhappy with the triplex at 4030 Main St. , but it was there when they bought their home. He would not like to see another double occupancy home go in to the north of them, as they would have the only single family home up to 4050 Main St. Ms. Rosella Pikus stated that even though the new owners say they will live in it, that doesn't mean they couldn't sell the house in a year, and then they would have a big problem. Mr. Donald Archer, 4057 Main St. N.E. , stated he is also opposed to the conver- sion. When one conversion starts , pretty soon there will be more, and the single family area will be gone. He does not want the problem they have from the triplex coming into the neighborhood. Mr. George Steiskal , 4050 Main St. N.E. , stated he would have no objection if the house is owner-occupied. 63 REGULAR MEETING OF MARCH 16, 1981 PAGE 3 f MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of February 25, 1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 RECEIVING THE MINUTES OF THE PLANNING COMMI ETING OF MARCH 4 1981: i CONSIDERATION OF SPECIAL USE PERM T SP #80-13 TO ALLOW AN EXISTING A ACCESSORY BUILDING MOVED TO REAR 0 . ROPER D USED AS STORAGE SHED AND A NEW DETACHED GARAGE AT 945 MISSISSIPPI STREET, BY WALTER J. MILLER: - Mr. Flora, Public Works Director, stated this property is in an R-11 -zoning district and the applicant is proposing to relocate an existing garage to the rear of the lot to be used for storage of a lawn tractor and antique i furniture and to construct a new garage. Mr. Flora stated the Planning Commission considered this request and has recommended approval with the stipulation that the existing storage shed be moved to the rear of the lot by the time the new garage is completed. Councilwoman Moses asked if there was anything in the code which addresses the size of the garage in comparison with the size of the house. Mr. Flora stated they have requirement for a total size accessory building and this is within the appropriate limits. MOTION by Councilwoman Moses to concur with the recommendation of the Planning Commission and grant Special Use Permit #80-13, with the stipulation that the existing storage shed be moved to the rear of the lot by the time the new garage is completed. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Miller stated he was present representing his father and asked the procedure from this point. Mr. Flora stated he should come in to the City Hall fora building permit. f A c) B CONSIDERATION OF A SPECIAL USE PERMIT, SP #81-01, TO ALLOW.A SINGLE I (d FAMILY DWELLING TO BE CONVERTED TO A 1WO FAMILY DWELLING, 4042 MAIN f STREET BY PAUL GAYDOS AND DAVID h1ENKEN: i Mr. Flora, Public Works Director, stated this property is located on Main Street just in the south boundary of Fridley. He stated the request is to convert a present single family structure into a two-family structure. He stated owners plan on splitting utilities and having separate meters and ,I they will live on one level and rent out the lower level. Mr. Flora stated the Planning Commission felt the special use permit City, since if anything happened to the provides better control by the structure, the zoning would still remain as an R-1 use, instead of having the property rezoned to R-2. Mr. Flora stated three persons opposed this request for the special use permit because they felt it was an expansion of the R-2 zoning in their area. Mr. Flora stated, after discussion by the Planning Commission, it was recommended the request for a special use permit be approved with the following stipulations: (1) That the new owners work with the Fire Marshall on the appropriate exits for the units; and (2) That the new owners obtain the proper permits to construct the downstairs kitchen area. Councilman Schneider asked if all the homes in this area on Main Street were to convert to duplexes, if the water and sewer system would be able to handle the additional capacity. He feet this may be a trend in the future and, if it happened throughout the City, he was concerned if they would have problems. j I F .. - 64 - 3 REGULAR MEETING OF MARCH 16, 1981 PAGE 4 s Mr. Flora stated it would depend on the location of the main lines, however, in this particular case, it would be adequate. Councilman Fitzpatrick stated there is some R-2 zoning in Columbia Heights south of this location and, to his knowledge, it isn't very close. He stated the situation is that everything north of.this residence is R-1,up to 43rd, including a number of very fine homes, and everything south of this location, 'except for two proporties, is zoned' R-1. He further stated properties across the street from this location, even though zoned R-2 in Columbia Heights, are used as R-1. Councilwoman Moses asked Mr. Gaydos and Mr. Menken if they would live in the top half and rent out the lower level. Mr. Gaydos stated it looks like it will have to be that way for at least a year, however, they would like to eventually have their own unit. Councilwoman Moses pointed out communities are seeing a lot of people buying homes jointly and feels this will be a trend where people will combine to find affordable housing. Councilman Fitzpatrick stated there were a few references that this was a large house and lent itself into being divided into two units. He pointed out it is not a large house, but a small house, however, it does have a finished basement. He stated there is 1,000 square feet of living space on one floor and the finished basement. Councilman Fitzpatrick stated he agrees with the comment made by Councilwoman Moses, but the cost of any decent home at all is relatively expensive. He stated he suspected the cost of this home was not higher than what would be expected, and perhaps among the lower prices of housing available. Councilwoman Moses asked if Councilman Fitzpatrick's point is that they bought the home as a single family residence and should be able to afford it as a single family home. Councilman Fitzpatrick stated his point is • that it really isn't a large house. Councilwoman Moses stated this split entry design is very conductive to conversion. She pointed out it is getting impossible for people to afford housing, however, if this was approved it would set a precedent. Mr. Gaydoes asked if the size of the lot wouldn't limit future R-1 property being converted to R-2. Mr. Flora stated a special use permit can be applied for in any zone and there is a system for zoning for types of densities. He stated the question here is if the Council allows a single family dwelling to be used by two separate-families, with a special use permit, versus rezoning a particular lot to a larger density. Councilman Schneider stated he is sympathetic to the petitioners, however, the problem is roughly the 9,000 other homes in the City where these persons have purchased homes specifically based on the concept of so much land and one family per unit. He felt the Council owes protection to the people who assumed the zoning code would stand and if they bought in an R-1 zoning district, they would have R-1 housing in that district. He stated he knows this doesn't address the problem of the housing costs. I Councilwoman Moses stated Fridley is not an area where there is a large turnover and as people get older, they won't be able to move because there aren't small enough units or small enough payments where it would be possible for them to move. She felt they will be facing the same dilemma and it is a critical problem everyone is facing. ! CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 t March 20, 1981 CITY COUNCTL ACTION TAKEN! "vt)'(ICE Walter J. Miller 945 Mississippi Street N.E. Fridley, Mn 55432 0i March 16, 1981_ the Fridley City Council officially approved your request for a Special Use Permit,_ SP_#81-01 on your�?roperty with the stipulations lis eu below: _ 1 . The existing storage shed be moved to the rear of the lot by the time the new garage is completed. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincer ly, ' RROL.D �— JLE/de City Planner Please review the noted stipulations, sign the statement below, and return one copy il-o the City of Fridley. Concur with a.cion t /een.