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SP96-16 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 3-7 QC�7z� 4 T�l A V i /vu F R I Q L i- M nl -55-43 Property Identification Number(PIN) ' 0 O _ Legal description: _M L_L 0 —N11�..1Y�R. L C?Z�.�_��'C_k_: �5 Lot Block Tract/AdditionM E L o Current zoning: quare footage/acreage SINGLE Reason for special use permit: Lis 0 1'L D A '-~ CAR G,A RA G,S 1\1__ 370-- Si Di- Section of City Code: Dp—)-C�d . C - ( 1 Have you operated a business in a city which required a business license? Yes No ✓ If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME IV 0 IV E 4�/ t7- ADDRESS DAYTIME PHONE SIGNATURE DATE PETITIONER INFORMATION NAME TU Gi A L 1� A GIN A }2 Lv'A L ADDRESS 3 0/5 , l Q T H ST. IV E /\I L w 3RI Gr {-1 TONY MN 55 _DAYTIME PHONE SIGNATURE DATE OSS Fee: $400.00 $100.00_�for residential 2nd accessory buildings Permit SP# '1(0- It ry Receipt# 11/'79 Application received by: Scheduled Planning Commission date: o _ ( > u'- -7 l Scheduled City Council date: 205 .05 .04 . 4 _ SPECIAL USE PERMIT A. Purpose. The purpose of this Section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S .A. Section 462.3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within sixty (60) days of the date of filing such petition. D. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. (1) Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council within sixty (60) days of the date of hearing of the petition to the Planning Commission or within sixty (60) days of any continuance of such matter granted at the applicant's written request. 03/94 205-25 AUG-30-96 FRI 14 17 JARNOT FAX NO. 6124511980 sP X196-16 P. 01 f _.—..._---, ._..----••--�"- ... -----...__.�. Taal (arr,/Svrvcy,rr� .t Ju/r3uj��i :t• SorrS T>>,ary ENGINEERING, INC. (ivrl�Alur!i.11VI fl/,,.uf 4 60Gv J 1 certificate of su3eve fc � M pufLOpmar c0. �,�• ,j, tri...._—�__ £'rte 7��,� AVENUE N. 1;. / F.L S4,!f3_ �—' 75 - F srbb.3 6 f I YL I f / �►304ND ELkV- U4.6 C1tK z� o OCNOT(-:S Za,ot3 p£x4T£:i U'Tsi_tiT`l DRAINAGE �ASEMNTS �' �. F t.FVAT1�rlS aRE S'R�F''os�rs Z. FIRST F1voR >rLEVA71oN �'p yF 2.g FEE."r' AQavE 69,0040 ELEV. SHOWN LOT _ 3 �l�t�C�� _� M� Lc�DY M-ANOR. I he r&j cerlrly r'hat}hts is a five and a recd represenlaho'17 ff'a sra'•✓er/ ,('11'e e('/lie alae &5w;6ed/gnd,o/rd of'/fx/ccvfian nf'al/bv�/Clti�9S,lJrereon o//r�sl6ly en�rovclitnertfS,!/gory.{ran nr a�.�v�d/v,7d As Surveyed me /lus d - oy ,.AE A.t?f9LLc. .SU6U28AJJ F,NCi!IVEERING, INC. In��nrf`�t F,' tt,r✓ yons SCA. tr 1� 1", 30' 'p 611y OT I—naiey PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday October 2, 1996 at 7:30 p.m.for the purpose of: Consideration of a special use permit, SP #96-16, by Jugal Agarwal, per Section 205.08.01.0.(1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3,Block 5,Melody Manor,generally locat- ed at 370-37274th Avenue NE Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 25,1996. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 19, 26, 1996) Fridley Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 2, 1996 at 7:30 p.m. for the purpose of: Consideration of a special use permit, SP #96-16, by Jugal Agarwal, per Section 205. 08. 01.C. (1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3 , Block 5, Melody Manor, generally located at 370-372 74th Avenue NE Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 25, 1996. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 19, 1996 September 26, 1996 SP Ip96-16 ol � I N SP #96-16 370-72 74th Avenue Jugal Agarwal I.,9CATION MAP C.- 8 units 4 units 11 units 11 units 361 371 389 351 7398 -lot line 360 D 370 D 380 D N 74th Avenue 5. OCATION MAP SP #96-16 Mailing List Mailed: September 17, 199 Jugal Agarwal Jugal K. Agarwal Moharram/Karen Akbari Moharram/Karen Akbari 3015 - 12th Street NW or Current Resident PO Box 33332 New Brighton, MN 55112 7396 Symphony Street NE Coon Rapids, MN 55433 Fridley, MN 55432 Current Resident Grace Lutheran Church Jeffrey/Monique Harris 7398 Symphony Street NE or Current Resident or Current Resident Fridley, MN 55432 460 - 75th Avenue NE 7397 University Ave. NE Fridley, MN 55432 Fridley, MN 55432 Robert/Karen Dove Current Resident Able Property Managemen 7505 Jackson Street NE 7385 University Ave. NE or Current Resident Fridley, MN 55432 Fridley, MN 55432 7373 University AvenueN Fridley, MN 55432 Daniel/Joanne Fay Daniel/Joanne Fay Kenneth/Elnerine Johnson 729 Kimball Street NE or Current Resident or Current Resident Fridley, MN 55432 7361 University Ave. NE 7351 University Ave. NE Fridley, MN 55432 Fridley, MN 55432 Kenneth/Elnerine Johnson Able Property Management Able Property Managemen 7430 Tempo Terrace NE or Current Resident 9920 Zilla NW Fridley, MN 55432 7337 University Ave. NE Coon Rapids, MN 55433 Fridley, MN 55432 Kenneth/Marion Merryman Thorwald Johannsen Merlin/CindyWolterstorf or Current Resident or Current Resident or Current Resident 7348 Symphony St. NE 7358 Symphony St. NE 7362 Symphony Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Elwood/Barbara Tangren Anthony/Cynthia Schreiner Haakon/Jane Oksnevad or Current Resident or Current Resident or Current Resident 7368 Symphony Street NE 7372 Symphony Street NE 7378 Symphony Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 JH Helgerson/CK Dunn CPG Enterprises CPG Enterprises or Current Resident 233 West Grandview Ave. or Current Resident 7388 Symphony Street NE Roseville, MN 55113 380 - 74th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Current Resident Current Resident Able Property Managemen 370 - 74th Avenue NE 372 - 74th Avenue NE 10272 Winter Place Fridley, MN 55432 Fridley, MN 55432 Eden Prairie, MN 55347 Current Resident Wayne/Karen Young Marilyn/Curtis Myrlie 360 - 74th Avenue NE or Current Resident or Current Resident Fridley, MN 55432 7399 Symphony Street NE 7391 Symphony Street NE Fridley, MN 55432 Fridley, MN 55432 Beverly King Nickolas/Karen Mehan Darryl/Carlene Ledin or Current Resident or Current Resident or Current Resident 7381 Symphony Street NE 7371 Symphony Street NE 7361 Symphony Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Byron/Nona Eliason David/Marguerite Mathisen John/Mary Miller or Current Resident or Current Resident or Current Resident 7351 Symphony Street NE 7341 Symphony Street NE 7350 Lyric Lane NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Lawrence Nierengarten Wilbur/Marion Ertl Vera Schmidt or Current Resident or Current Resident or Current Resident 7360 Lyric Lane NE 7370 Lyric Lane NE 7380 Lyric Lane NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert/Kelly Piekarski Lynn/Christine Hansen Lynn/Christine Hansen or Current Resident or Current Resident 230 Rice Creek Blvd. NE 7390 Lyric Lane NE 350 - 75th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Rudolph Bayer Rudolph Bayer DA Peterson/JD Behun or Current Resident 2921 Brookshire Lane or Current Resident 7411 University Ave. NE New Brighton, MN 55112 351 - 74th Avenue NE Fridley, MN 55432 Fridley, MN 55432 DA Peterson/JD Behun DD Bethune DD Bethune 1410 So. Ferry Street 24297 Heath Avenue or Current Resident Anoka, MN 55303 Forest Lake, MN 55025 361 - 74th Avenue NE Fridley, MN 55432 Rudolph Bayer J. Behun/D. Peterson J. Behun/D. Peterson or Current Resident 1287 Norton Avenue NE or Current Resident 371 - 74th Avenue NE Fridley, MN 55432 389 - 74th Avenue NE Fridley, MN 55432 Fridley, MN 55432 D. Peterson/J. Behun D. Peterson/J. Behun Diane Savage, Chair 825 - 1st Street NW or Current Resident Planning Commission New Brighton, MN 55112 415 - 74th Avenue NE 567 Rice Creek Terr. NE Fridley, MN 55432 Fridley, MN 55432 City Council Members AUGI-30-96 FRI 14 18 JARNOT FAX NO, 6124511980 P. 02 GARAGE ORDER CONTRACT: JOB NO: DATE: rIj—, ?6 MN LIC. B.L. 1934 SUSSEL CORPORATION SS# 1852 Como Ave., St. Paul, NiN 55108 Phone: (612)646-W31 Horne Phone Purchaser'* Name Business Phone Address o V City { ,Zip Code Deliver To _ - Building Code Area 1. Size of Garage X ff—All-Gilt" —Built by SUSSEL ATT- MATCH EAVES HTS ZLDetached ❑ "Near-Bili" —Framed by SUSSEL—Framing includes installing OHD& ❑ Attached ❑ Yes fralTlework (dimension lumber}; The Purchaser installs the ❑ NO PURCHASER OF NEAR-GILT UNITS remainder of the materials including windows and doors. PI PACE SEE EXP,04A?101 oN RFVFFriL SIDE _ 2.rR/Ioof� 1,1z Roof Sheathing Eave �� Rake L] One End Roof 59—Gable Overhang 2, Overhang J Z o Ends Pitch ❑ Reverse Gable r❑- Hip Fascia' ood ❑Alum Color 3. SU cal Down Roof Shingles r-1Check house...color to match mouse as close a$possible Rafters—x O.C. and 1541 Fair. ❑ Color Wall tie spacing r O.C. Manufactured Trusses O.C. 4. Wall Sheathing: ❑ .Y' Fiber Board[] 25;32 Fiber Board❑ Plywood ^❑None Wafer Board Stud, t0'O.G. 5- Type Siding: Exposure ❑ Sirlirp-DcrA Maich lroucc The exposure shown abcve may vary so that all rowa Front Wall Siding: ❑ '4WEtl have equal Cxposu-a when p Ptil,Mall sppl+ed. 6. Overhead Door: Color aSgrared Opening ❑ Steel ❑ Ins. ❑ Class Overhead door header: —,Quantity—x— ❑Mitered Corners �J sh r o Glass �SDoubie 2 x 12 —I Quantity x ❑ Raised Panel (❑ Ribbed ❑ Wood Panel•5 Sect. [] Double Micro Lam 7. Service Door: ❑ 2e Pre-hung Panel ❑ DB ❑ Raised Panel Flush Windows: Quantity g2t-iC-Pre-hung Steel ❑ Glass Quantity Skylites - of - ❑ 2r Pre-hung Steel Glass Quantity S. Cement Slab: 0,10cluded j-Goncrete Reinforcingod Removal (Two Foot Apron) ❑ By Purchaser 8. Ground Preparation Included ❑ Si adcmr ik L Driveway Cc te❑ A WN00 for Slab Build-up: Purchaser Sq, Ft. Sq. Ft. 10. Excavation& Din Included Blocks Damp proofing:[] By EL Backfin: ❑Ay SUSSEL Removal: Not Included ❑ By Purchase ❑ By-Pure4kser d Inclued Permit B 11. 42" Frost Y SUSSEL Cleanup: By SUSSEL Footings: Not Included Lin. Ft. ❑ By Purchaser By Purchaser 12.Classification- wady ❑ On HoldReason: Clasification: to•go .Contract price good for 60 days. Deliveries after that ssi _ time are sub-ect to prices in effect at the time. 13, Removals: Gacdg6Cj.�i By puJChaser, S�ab--�$ —i By Purchas&r, S,R.el By Purchaser 14. Electrical ❑ By Sussel nor OHD Operator❑ By SussebfS-Qwncr Transmitters ( ) 15. Other work: ❑ B Sussel ❑ By Owner _ 16.2 Stake Sury y uded Nqt Included �f Required$ ) �., CV,-t 01 r A. 13717htepUrobaser agrees to purchase the above i roveme Is and/or materials at the time price, which is the sum of the cash down payment, if any, and the total of payments, as sot forth in Installment Sale Note executed this date by Purchasers, and the Purchaser agrees to pay the total of payments according to the Installment Sale Noto signed by Purchaser in equal monthly installments. The first installment to be due _ 5 - 10 - 15-20-25- 30, 19 Purchaser may prepay the amount ordered on or before B. O The purchaser agrees to pay cash within ten (10) days after the date of invoice, In the event the Purchaser does not pay the cash price within ten(10)days after the date of invoice and this matter is referred t0 an attorney for collection, Purchaser agrees to pay all collection costs incurred by Sussel, its successors and assigns,including Court costs and reasonable attorneys' fees, whether or not incurred in connection with any judicial proceeding. A finance charge will accrue of the rate of 11.,2% per month on the unpaid balance in the event the buyer fails to pay according to the terms as herein stated. C.Sussel Corporation Five-Year Satisfaction and Performance Warranty and the Termsapd Conditions set forth on the reverse side hereof, are hereby e a Ii part of this agreement. f � Purcha is nature 7 �^• A O ORD RED. . . . , . . . . . . . $ 62.6G2 By TOTAL OF PAYMENTS lino::;,iy Firance,Crsru2'.i$ S SSEL CORPORATION (DISTRICT SALES CONSULTONTI Qran ra1=.1eor]T-r.1-e ___ 74th Avenue Code Enforcement History, 1990-Present ADDRESS OWNER TYPE AND CODE VIOLATION AND NUMBER OF UNITS DATE 7398 Symphony Street Zero lot line, owner 1995: Outside storage of occupied, 1 rental unit brush 1992: Junk vehicles, outside storage 1993: Junk vehicles improperly parked 380-382 74th Avenue Absentee owner, 2 rental 1996: Outside storage of units appliances 1993: Outside storage 1992 Junk vehicles, outside storage 370-372 74th Avenue Absentee owner, 2 rental 1996: Junk vehicles, units outside stora a of brush, solid , (g 1995: Weed otice 1994. Outside storage, solid waste 1993: Solid waste, weed notice 360-362 74th Avenue Absentee owner, 2 rental 1996: Junk vehicles, solid units waste, outside storage 1994: Junk vehicles, solid waste, outside storage 389-74th Avenue Absentee owner, 11 rental 1992: Outside storage units 1990: Outside storage 361-74th Avenue Absentee owner, 8 rental 1994: Outside storage, led units to citation 1993: Parking lot repair 351-74th Avenue No license submitted, No violations since before transitional housing 1990. program, 11 rental units 371-74th Avenue No license submitted, 4 No violations since before rental units 1990. Gateway cAwp\miche1e\74thave.wpd 5.10 CITYOF CITY OF FRIDLEY FMDLEY COMMISSION APPLICATION REVIEW File Number 48 File Date 9/5/96 Meeting Date 10/2/96 Description: Special Use Permit, SP #96-16, by Jugal Agarwal, to allow an accessory structure, other than the first accessory structure, over 240 square feet, 370-372 - 74th Avenue N.E. * * Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director _ Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant 3 Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director APPLICATION REVIEW CHECKLIST F1 LE: ....... .. APPLICATION RECEIVED jwc--o DEVELOPMENT REVIEW Comm SU if 14" 14 1,4 ADDRESS FILE REVIEWED LAND USE FILES? lqg(o t4ll� PETITIONER CALLED SITE VISIT/MEETING AERIAL PHOTO MADE MAPS DONE REPORT WRITTEN c' MEMORANDUM i..i.�...., int .,ilii mePLANNING DIVISION w .. %: .k DATE: October 10, 1996 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Response to Planning Commission Direction of October 2, 1996 At their October 2, 1996 meeting, the Planning Commission directed staff to review the rental licenses and the code enforcement violations for the properties located on 74th Avenue between University Avenue and Symphony Street (see attached map). The results of our research indicate that three duplexes located on the block have received numerous code violation letters. These violation letters pertained to the following addresses: 360-362 - 74th Avenue; 370-372 - 74th Avenue; and 380-382 - 74th Avenue. Most violations were regarding junk vehicles, solid waste, and improper outdoor storage. Code Section 220.10.01.J, requires, "Every owner of a residential property shall be responsible for providing and maintaining facilities for the storage and disposal of refuse and for the arrangement of the collection of the material as required by the City Code." The Planning Commission inquired as to whether or not these repeat violations could be considered when reviewing and approving rental licenses. We are currently in the rental licensing renewal period for these complexes. No licenses for 1997 have been issued to these three properties. Code Section 220.13.09.C, states, every operating license issued under the provisions of this ordinance is subject to suspension or revocation for the entire dwelling unit, or for individual dwelling units, by the City Council, should the licensee fail to operate 5.08 William Burns October 10, 1996 PAGE 2 and maintain the licensed rental dwelling(s) and dwelling units therein consistent with the provisions of this chapter, all applicable ordinances of the City, and the laws and regulations of the state of Minnesota." Unless otherwise directed, staff will place the owners of these properties on notice, systematically inspect the properties on a regular basis, and begin the license revocation process if same or similar violations occur. SH/ M-96-478 5.09 i } 4- P t WV WAY Zu-, 4" "Wommmom e qm ammmm� IML IAMs i M M ammov M *=--ow M � . 0' p. Y IT a t a r 3 y� 3y �, IL .: LOT .aet !€ IN r 49, ft & � fir; r , k ' x At s r � t4 e r ,, a a .. ,, a ,. x ;z w CITY OF FRIDLEY EAST RANCH EAST RANCH I I ESTAT S ESTATES 22 FOURT ADD. FIRST ADD. 21 N CORNER N W CORNER r f•• -SEG//_. "f$ _ - . O P} CN CORPORATE seFRIDI EAST, RA `- aTY of (ES TES N p ZN i I e 24v, k) a t 1 b W �' k i f 17, to wl) /9�1 Q 1?7? h op w',0 8 z c., (i)� � :,'1?� 4`•r A n f �,��f f�e°Pi("�i L�p�' - � + • '� # P� 'twd" 2 , K�: .tiE4 d 75 e , -----�-- — rte M ,. �/ Al 11-9 CSp b1 ` t t /Ig A �) � �• t �1 _ g� — •°•� 74TH A✓ENI it 7{�)^ 22? 21 s�{ p J ~ _± J B + 2/ (/ { '-�' • /ltp' /�' ilk 6 J 5 (�•�+ Zx �Sj .f++� 8 °, b re � /9 J li��/a14 �Jf to) A w fi j K R Ie t I # U 73RD -- ' ' -- --- – -- - W./N Q4NER� ? CENTER SEC. ---------- SEC. D24 23 � � CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 2, 1996 CALL TO ORDER: Vice-Chairperson Kondrick called the October 2, 199 Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, ConniQ Modig, Larry Kuechle Members Absent: Diane Savage Others Present: Mic ele McPherson, Planning Assistant J al Agarwal, 370 - 74th Avenue N.E. Cindy Schreiner, 7372 Symphony Street N.E. Bill & Suzanne Holm, 7424 Melody Drive N.E. APPROVAL OF EPTEMBER 18 1996 PLANNING COMMISSION MINUTES: MOTIO y Mr. Sielaff, seconded by Mr. Oquist, to approve the Sep tuber 18, 1996, Planning Commission minutes as written. ,UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-16, BY JUGAL AGARWAL: Per Section 205. 08. 01.C. (1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generally located at 370-372 - 74th Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the special use permit request is located at 370-372 - 74th Avenue, which is located north of 73rd Avenue and east of University Avenue in the Melody Manor neighborhood. The request is for a second accessory structure over 240 square feet. Located on the subject parcel is a duplex constructed in 1964 . There is a first accessory structure in the southeast corner of the property constructed in 1978. That accessory structure measures 22 feet x 24 feet. The petitioner is proposing to construct a second accessory structure in the southwest corner of the property measuring 16 feet x 20 feet. The property is zoned PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 2 R-2 , Two Family Dwelling. The surrounding parcels are also zoned R-2 as well as the parcels across the street. To the rear or south of the subject parcel, the parcels are zoned R-1, Single Family. Ms. McPherson stated, typically, when staff reviews these types of requests, staff looks at several standard stipulations including requiring installation of a hard surface driveway, permitting no home occupations within the accessory structure, and requiring architectural compatibility with the dwelling unit. The first accessory structure has a hard surface driveway from the street to the structure itself. On the west side where the proposed structure is to be located, there is a partial hard surface driveway to the side door entry. It allows for parking of two vehicles on the site; however, that driveway would need to be extended should the special use permit be approved. Ms. McPherson stated, in reviewing the file and in speaking with a neighbor within the notification radius, it was noted that the property has a history of code enforcement problems, specifically improper storage complaints as recently as July 1996. The code enforcement officer has been working with the property owner to rectify those situations. From the documentation in the address file, it appeared that the situation had been rectified. It should also be noted that the fire department indicated that a fire occurred recently which was caused by juveniles starting fire to dry leaves which were located behind the existing garage. In addition to the typical stipulations indicated earlier, staff has also stipulated that proper storage of materials shall take place in compliance with code. Ms. McPherson stated the additional structure on the site will not increase the lot coverage over the 30% as permitted in the R- 2 district. Staff recommends approval of the request to allow construction of the second accessory structure with the following stipulations: 1. The petitioner shall provide a hard surface driveway by November 1, 1997. 2 . The accessory structure shall not be used for a home occupation. 3 . The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. 4 PLANNING COMMISSION MEETING SEPTEMBER 5 1995 PAGE 3 Mr. Sielaff asked how many compliance code violations there had been for this property. Ms. McPherson stated she did not have that information. It appeared that there was at least one complaint per year or one every two years. Mr. Sielaff asked if the violations were different or the same. Ms. McPherson stated the property is a rental property so, as tenants change, different conditions would occur. One year it might be improper storage of vehicles, the next year it might be improper storage of refuse. Ms. Modig asked if the owner lives on the property. Ms. McPherson stated she did not think so. Mr. Kondrick asked if the violations addressed might be alleviated by constructing this accessory structure. Ms. McPherson stated she believed the structure would provide the location for storage of a vehicle, children's toys, garbage cans or bags of refuse. We have similar code enforcement difficulties all over the community whether it be single family property or rental property. Mr. Oquist stated the structure would be a garage for the second unit of the duplex. Ms. McPherson stated this was correct. Mr. Oquist asked if there was a variance needed for the driveway. Ms. McPherson stated no variance would be needed. The structure and driveway as proposed meet the requirements. Mr. Kondrick asked if staff had received comments from the neighbors. Ms. McPherson stated she had received a call from a neighbor who voiced an objection. Mr. Hickok also received a call. This neighbor did not voice an objection, but voiced their concern about the storage issues. Ms. Modig asked if it was possible in situations such at this where the owner does not live on the property to have a stipulation that would provide an incentive for the owners to enforce the rules, such as a deposit. Is there a way to assure that some of this will not occur in the future? PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 4 Ms. McPherson stated there is nothing in the City Code which would allow the City to regulate or require a rental owner to establish an escrow account. If we continue to receive complaints, the code enforcement officer would receive those complaints, monitor the situation, and work with the property owner to resolve the issue. The City cannot dictate to the property owner the amount of a damage deposit. Mr. Saba asked if most of the violations were from the renters themselves. Ms. McPherson stated, from reading the file, the violations were junk vehicles, inoperable vehicles, vehicles not parked on a hard surface, the occasional bags of refuse, etc. It appeared that once the letters were sent the situation was rectified quickly. It seemed that the problem cropped up when tenants changed. Through an education process of the tenant, the standards were then realized. Mr. Saba asked if the complaints were typical of the area or does this particular property stand out. Ms. McPherson stated she did not examine the address files of the two adjacent properties. The City does have some perennial code enforcement issues that occur on single family owner-occupied properties as well. Just because it is a rental property does not make it worse than a single family home-owner violation. If the Planning Commission chooses, the request could be tabled in order for staff to obtain information about the two adjacent properties. Ms. Modig asked if the City ever levied a fine for properties who have continual code enforcement violations or is this particular property having a problem because there are over-vigilant neighbors. Ms. McPherson stated typically the way the code enforcement process works is that the code enforcement officer receives a complaint or observes a violation, a notice is sent and the property owner is given 14 days to correct the problem. If the problem is corrected, the matter is dropped until the next observation or next complaint. If the owner fails to rectify the problem in 14 days, a second notice is sent allowing 5 days to comply. If they fail to comply, the City cites the owner. The City does go to court and, if the judge sees fit to agree with the City, the City can levy up to a $700 fine as a misdemeanor violation. Many times the judge will stay a sentence. It depends on the case and the judge. The City has sent people to jail. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 5 Mr. Saba stated his concern with the special use- permit request is to try to clean up some of these issues. Is there any way to tighten the enforcement as a condition of the special use permit to clean up the property itself and to be sure it stays clean? Ms. McPherson stated she did not know that the City has the purview to require escrow funds. The Planning Commission can put on a stipulation that states, if there are any notices of enforcement violations, the property owner comes back before the Planning Commission. If the Commission feels strongly about this, there is the option to deny the request. Mr. Saba stated the petitioner would already have the garage built. We could not ask that the garage be removed. Mr. Sielaff stated there is nothing then in the code for repeat violations. Ms. McPherson stated, the way the code is currently written, it requires the City to go to court with the property owner. Mr. Sielaff stated the only way then to provide an incentive to comply with the code is to not approve the special use permit request. Mr. Oquist stated he was not sure that would be an incentive. The petitioner would not then build the garage. The code enforcement is a separate issue and not related to the request. Mr. Oquist asked why the first stipulation allowed until November, 1997, to install a hard surface driveway. Ms. McPherson stated, typically in the past, staff has given home owners up to one year to put in a hard surface driveway. In some instances the homeowner may be constructing the garage themselves, they may decide to wait for six months, or an unforeseen problem arises that delays installation. If the Planning Commission feels this should be changed, it can recommend something different. Mr. Agarwal stated he was sorry for the enforcement issues. He has other properties that do not have problems. He had a renter that was a problem. He has another renter who was a problem who moved out October 1. Now he has a good family and he hopes these problems will not happen again. He tries his best, but sometimes he does not really know about some of the problems until he gets a notice. Then he acts quickly. Mr. Agarwal stated he wants to build the garage. In Minnesota, people want to have a garage. He loses many prospective tenants t PLANNING COMMISSION MEETING SEPTEMBER 5 1995 PAGE 6 because he does not have a garage. He thought this would help to keep the property clean. He has no problem with the driveway. He has other properties and does not have the same problems there. His intent is to keep it as good as he can. He wants a garage to attract better tenants and keep the property clean. Mr. Kondrick asked if the petitioner understood the stipulations and if he had any problems with the stipulations. Mr. Agarwal stated he understood the stipulations and that he had no problem with them. Ms. Modig asked the petitioner when this job would be completed. Mr. Agarwal stated he did not have all the proposals from the builder. They cannot lay the floor if it is cold. If he can get the proposals in a short time, he can still build this year. If he cannot, it will have to be in the spring. The driveway and garage will be done at the same time. Mr. Sielaff asked the petitioner when he purchased the property. Mr. Agarwal stated he bought the property in 1981. Mr. Sielaff asked if the petitioner educated the tenants on what they should and should not be storing. Mr. Agarwal stated he had problems with one or two tenants. Most problems are from one tenant who left after one year. He also had a tenant before this one with whom he had some problems but he took care of the problems. Ms. Schreiner stated their property is to the south of this property. They have been homeowners there for 25 years. In this time, they have seen the neighborhood decline due to the apartment building and double bungalows. She became well acquainted with the neighbor behind because of violations due to garbage and debris. When they first moved there, the owners lived on the premises and it was kept up. Since that time, it has deteriorated. When the garage was first built in 1987, they were happy to see the garage go up so they did not have to look at the double bungalow itself. The type of people that rent the property are not the best of people. Her husband found out about the proposal for another structure and was told that the property could not be rented without an additional garage. In 1987 shortly after the garage was built, we had a dry spring. The leaves from the fall were piled behind the garage. They have a seven-foot privacy fence which shields them from this property. At that time, they made calls asking to have that debris removed. It was never done. Consequently, some kids started a fire which PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 7 burned their fence. As homeowners, they were responsible. The fire department was notified, the City was notified, and one month after the fire the debris is still there. The debris consists of mattresses, box springs, broken toys, tree limbs and branches, etc. Another structure is a haven for more debris. Every year there is more debris. It took three calls this spring to have the tree debris removed. Ms. Schreiner stated she would like the Commission to see the property. At this time, there is garbage uncontained and stored by the house. Five or six years ago, the existing garage was used to repair used cars. At one time, the tenants living there did not have garbage pick up and the garbage piled up. Ms. Schreiner stated, rather than building a garage, she would prefer to see the property fixed up on the inside and make it an attractive property. If you look at the police reports, Melody Manor itself has very few problems with crime, but they will say that the apartment buildings have had numerous calls. She understands the landlord is an absentee landlord. She did not know how much as an owner he can go in and supervise what is going on when the property is rented. She believed the address listed on the sign-in sheet was incorrect. She provided pictures of the property. Ms. Holm stated she lives two to three blocks from this property. She has this past summer and winter started walking 74th Avenue. It has become quite an eyesore. The aerial photo does not do it any justice. The curbs are down. The gutters are gone. Out of all those properties, this one is probably the premier property of not good. There is garbage in the back. There are garbage containers. There is not even an enclosure for the garbage. Ms. Holm stated, if you look at the density of the rest of the neighborhood and even if you include the apartment buildings, this is nothing like the density you are going to get on this property once you get two double garages. It is a long duplex. There are two duplexes that are approximately the same and in approximately the same condition. She has relatives who live in apartments without garages. That is not the issue. The property does not look inviting. As a homeowner in this area and as the perimeter of the area where she walks, this is the one block which is so different from the properties on 75th. The corner properties on 74th are well kept. The rest are a mini Sheffield. She does not regard this as a tenants problem. You have a situation where the properties on this block are not kept up. There is no incentive for the people on 74th as non-resident owners to do much about it if the City is following through. She thought the City should think about this block that is an eyesore in the neighborhood. The area is described as lovely Melody PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 8 Manor. This block is an abhorration for the rest of the area. She did not think that adding structures would solve the problem. Another building will be filled with junk and then add to the problem. She thought there has been more than one call. She thought the building next door also has problems. Why reward someone for not maintaining their property by giving them additional structures. It is just another place to store trash. MOTION by Mr. Sielaff, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Mr. Saba stated he was concerned that the placement of the garage would create another opportunity for storing garbage behind the structure. With the way the garage is angled, there is an area that cannot be used for anything. That is a prime opportunity to store refuse of various types. He is concerned about the way that is laid out. Mr. Kondrick stated it seems there are two issues. One is the special use permit for a garage. The petitioner's concern is to provide a place to park cars. What one does with refuse is not what one talks about with such a request. It is important, but not really germane to the issue. It is someone else's responsibility to make sure this does not happen and to have a landlord conform to good practices. The question is whether the special use permit request has anything to do with that item. Ms. Saba stated the City has rental property licenses. In the code, there is specific information about the code and adherence to issues of storage and trash. That enforcement is that the landlord must follow the code or we do not renew the license to continue renting. Has that issue been enforced as a result of enforcement violations? Ms. McPherson stated she would have to look specifically at Chapter 220. The City has refused to issue a rental license for interior situations that create a uninhabitable unit. Whether or not the rental license covers exterior storage or if we left that to other sections of the code, she was not sure. It is rental license renewal time and we could potentially look at some stipulations on the rental license. Mr. Oquist stated he agreed with Mr. Kondrick. These are two different issues. He is sympathetic to the neighbors because he has a similar situation in his neighborhood. He did not know what they could do about it. Even though the code enforcement PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 9 officer comes, the problems continue. On the other hand, he sees this as two different issues. He wants to see the driveway put in at the time the garage is built or you will have a bad situation. He thought they could make a recommendation to staff that they look at how to enforce that situation. He thought through the rental licensing they should be able to enforce that. He thought they should first deal with the special use permit request and then make a separate recommendation to deal with the refuse issues. Ms. Modig stated she agreed. She thought they had to deal with the refuse issues separately. By not issuing a special use permit, they could be adding to the problem, and they could deal with it in a different way. She also agreed that she would like to see the driveway put in at the time the garage is constructed. Mr. Oquist stated denying or not denying the special use permit request is not going to clean up the area. Mr. Sielaff asked if the rental licensing renewals are being done now or soon. Is this for all rental properties in the City? Ms. McPherson stated the City is in the process now. Usually, this is done during the month of September. She believed the licenses expire on August 31. During September and October, licenses are renewed and staff will look at things like proper zoning. Mr. Sielaff asked what would happen if the license is not renewed. Mr. McPherson stated, if the license is revoked, the owner cannot rent the unit. The tenants must vacate the property and the owner would have no income. Ms. Modig asked if this had happened. Ms. McPherson stated they have had some pretty tough situations where the City has come close to doing this. Mr. Kondrick stated he thought the City should get tougher in this area. Mr. Sielaff asked why such a review should not be done before the permit is approved. Mr. Oquist stated these are two separate issues. Mr. Kondrick stated he agreed that these are two different issues. They cannot tie them together as part of this request. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 10 The code violations are the responsibility of the code enforcement officer. Mr. Sielaff stated he thought there was the potential for the situation to be worse. In looking at the pictures of the refuse being stored behind the garages, it is out of sight and out of mind for the people who live in the rental unit but not out of sight and out of mind for the other residents. Mr. Kondrick stated he agreed but the situation has nothing to do with the request itself. MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of Special Use Permit, #96-16, by Jugal Agarwal, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3 , Block 5, Melody Manor, generally located at 370-372 - 74th Avenue N.E. , with the following stipulations: 1. The petitioner shall provide a hard surface driveway within 30 days of the construction of the garage. 2 . The accessory structure shall not be used for a home occupation. 3 . The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. UPON A VOICE VOTE, WITH MR. KONDRICK, MS. MODIG, MR. SABA, MR. OQUIST, AND MR. KUECHLE VOTING AYE, AND MR. SIELAFF VOTING NAY, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Ms. McPherson stated the City Council would consider this request on October 14. Mr. Kondrick stated he would like to find a way to force the property owner and the tenants to comply with the ordinance. Mr. Sielaff stated he thought they were talking about a review of the license renewal for all properties in this area. Mr. Saba stated he thought it would be good, before the City Council meeting, to review the problems of code compliance in this area. PLANNING COMMISSION MEETING. SEPTEMBER 5, 1995 PAGE 11 MOTION by Mr. Sielaff, seconded by Mr. Saba, to have staff review the license renewal process and look at the properties in the area of 74th Avenue, review the complaints, and consider that information when considering the rental license renewal; to check to see if it is possible to pull the rental licenses for the properties in this area with a history of code non-compliance; and to do so prior to the City Council meeting of October 14 . UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 2 . PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE CITY CODE, CHAPTER 205 ENTITLED "ZONING" : By adding Section 205. 05. 02 , 'Application Processes", amending Sections 205. 05. 03 , 205. 05. 04, adding Sect' n 205. 05. 07, 'Vacations' , and renumbering consecutive sections where appropriate. j� MOTION by Ms. Modig, seconded by Mr. Oquist, to walive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRiERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC, HEARING OPEN AT 8:32 P.M. Ms. McPherson stated the State legisl ure in 1995 adopted what is called Article 18, "Deadline for gency Action", which requires all agencies who are rev' wing land use applications, building permits, wetland replace ent plans, septic systems, etc. , have 60 days in which to approve these items. If no action is taken within this time, t" item is automatically approved. The City of Roseville had t is happen to them where a gas station was approved prior to the ity Council finally taking action on the request. Staff loo d at the land use applications to see what needed to be chap ed in order to comply with this law. Staff is processing nguage changes to Chapter 205, Zoning. Ms. McPherson stated the largest impact to the Planning Commission is that the ordinance currently allows 60 days to review. This is being changed to 40 days from the time the City re/nningCommission n plication. Staff has also established a process foo s which is currently not in the zoning code. Staff isrtening the process somewhat for plats. They are elg the public hearing before the City Council. For rethe City Council still wanted the opportunity to hold a earing but staff will now be establishing the dates of thhearing. The way the process now works is that the P1ommission will hold a public hearing, at the next City Eouncil meeting the date for the public hearing is established, ' the City Council holds the public hearing and make a decision two .:........: CROPR a SPECIAL USE PERMIT, SP #96-16, BY JUGAL K. AGARWAL, 370-372 74TH AVENUE ► m..:...:.::.:.;...:..::., :...:..::>;:.;:.;:.::...............:....::....:<:.::........:::.:... ;.:. [ al�ur> :::> A rwal »> .::� :::::.::::::.:.::::::::::::::::::::::::.::::::::::::::.::::::::::::: ::. ........:.:.:.:::::::::::::::::::::::. ..............::::::.:.:.::.:::.:...............:........................:..:::::::.....::::...:.:.:..:. .. ..:: .:..::.:::::. : ....:.............. .... ........ il :.::>..;:.;::>:::;:.>:........ C ::.tu ... ... '.+I ...................:...::..................... ::: :...:: . .< c n< t ..;: .... :.: .:: ....... .............. . : .:::::::..::::::.:::::::::::.. :..:.......::::::.:.:...... S # tsvi� u ti le McPhe n ung . .....>::>::::>::::>::::; .>::::>::;:: >::::>::::> .>>:: Bier 4 :. a ;+ � � h DESCRIPTION OF REQUEST: The petitioner requests that a special use permit be issued to allow construction of a second accessory structure over 240 square feet. If approved, the petitioner would construct a 16 ft. by 20 ft. detached garage in the rear yard. SUMMARY OF ISSUES: Section 205.08.01.C.(1) of the Fridley City Code requires the issuance of a special use permit to construct a second garage over 240 square feet. Currently located on the property is a duplex and an existing two-car garage. The proposed garage will not exceed the 30% maximum lot coverage as regulated by the R-2, Two Family Dwelling District. The structure as proposed does not adversely impact adjacent properties and will not be constructed within any easement areas. The property has had a history of code enforcement problems, including improper storage complaints as recently as July 1996. The Planning Commission requested staff to further analyze the code enforcement issues (see attached memo). PLANNING COMMISSION ACTION: The Planning Commission voted 5-1 to recommend approval of the request to the City Council with four stipulations: 1. The petitioner shall provide a hard surface driveway at the time of garage construction. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 5.01 Staff Report SP #96-16, by Jugal K. Agarwal Page 2 PROJECT DETAILS Petition For: A special use permit to allow construction of a second accessory structure over 240 square feet. Location 370-72 74th Avenue N.E. of Property: Legal Description Lot 3, Block 5, Melody Manor of Property: Size: 9,784 square feet Topography: Flat Existing Trees, sod Vegetation: Existing R-2, Two Family Dwelling; Melody Manor 1961 Zoning/Platting: Availability Connected of Municipal Utilities: Vehicular 74th Avenue Access: Pedestrian N/A Access: Engineering N/A Issues: Site Planning N/A Issues: 5.02 Staff Report SP #96-16, by Jugal K. Agarwal Page 3 ADJACENT SITES WEST: Zoning: R-2, Two Family Dwelling Land Use: Duplex SOUTH: Zoning: R-1, Single Family Dwelling Land Use: Residential FAST: Zoning: R-2, Two Family Dwelling Land Use: Duplex NORTH: Zoning: R-2, Two Family Dwelling Land Use: Multi-Family Apartment Comprehensive The zoning and Comprehensive Plan are consistent in this Planning Issues: location. Public Hearing To be taken. Comments: DESCRIPTION OF REQUEST The petitioner requests a special use permit to allow the construction of a second accessory structure over 240 square feet. If approved, the petitioner would construct a 16 ft. by 20 ft. detached garage in the rear yard. The garage is proposed to be in the southwest comer of the property. Development Site Property Description and History The subject parcel is located on 74th Avenue east of University Avenue. Located on the parcel is a 32' x 50' duplex constructed in 1964. Located in the southeast comer of the rear yard is a 22 ft. by 24 ft. detached garage built in 1978. The property is zoned R-2, Two Family Dwelling, as are a majority of the surrounding parcels, with the exception of the parcel to the rear which is zoned R-1, Single Family Dwelling. Analysis The proposed garage will be used to store a vehicle for the second unit. Currently vehicles park in the westerly side yard adjacent to the dwelling unit. There are hard 5.03 Staff Report SP #96-16, by Jugal K. Agarwal Page 4 surface driveways on the property. An extension of the westerly drive will be required to connect with the new structures. Typical stipulations regarding second accessory structures include: 1. Providing hard surface driveway extension. 2. Requiring the structure to be architecturally compatible with the dwelling. 3. No home occupations shall be conducted with the accessory structure. The proposed garage does not increase the lot coverage over the maximum permitted by code which is 30%. The structure will not be constructed within the drainage and utility easements adjacent to the west and south lot lines. The distance to the nearest structure to the rear is 80 feet; therefore, there will be little or no impact to the property to the rear. The property has had a history of code enforcement problems. These include improper storage of refuse, inoperable vehicles, lack of refuse containers, improper storage of materials, and tall grass. Improperly stored grass clippings caused a fire behind the existing garage in 1995. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: As the proposed structure poses no adverse impact to adjacent properties, Staff recommends that the Planning Commission recommend approval of the special use permit request to construct a second accessory structure over 240 square feet with the following stipulations: 1. The petitioner shall provide a hard surface driveway by November 1, 1997. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. 5.04 Staff Report SP #96-16, by Jugal K. Agarwal Page 5 PLANNING COMMISSION ACTION: The Planning Commission voted 5-1 to recommend approval of the request to the City Council with four stipulations: 1. The petitioner shall provide a hard surface driveway at the time of garage construction. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 5.05 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 3 WAIVED THE SECOND READING AND ADOPTED ORDINANCE N 1075 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. FIRST READING OF AN ORDINANCE RECODIFYI THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS BY AMENDING SECTION 31.01, "DEFINITIONS, " SECTION 31 .02, LICENSE REQUIRED, " AND SECTION 31 .121 "RESTRICTED TRANSACT NS: " Mr. Burns, City Manager, stat that these amendments have been requested by the City' s rosecuting Attorney as a result of a recent court case in w ch the issue of definition of the "licensee" was raised. e recommended changes include the addition of the words " orporation, partnership, or business association" after t word "person" in the definition of licensee or pawnbro r; and the addition of the words "nor any agent or employee f a licensee" after "no licensee" in the section coverin restricted transactions. Both of these changes apply Chapter 31 of the code entitled "pawn shops. Fridley's tw operating pawn shops are licensed to partner- ships or co orations rather than to a person. WAIVED E READING AND APPROVED THE ORDINANCE ON FIRST READIN . 4 . REC VE THE MINUTES OF THE PLANNING COMMISSION MEETING OF O OBER 2, 1996: RECEIVED THE PLANNING COMMISSION MINUTES OF OCTOBER 2, 1996. 5 SPECIAL USE PERMIT REQUEST, SP #96-16, BY JUGAL AGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1) : Mr. Burns, City Manager, stated that this is a request for a special use permit to allow an accessory building over 240 square feet. The petitioner, Mr. Agarwal, wished to construct a 320 square foot structure to be used as a detached garage. The property has been the subject of code enforcement complaints, mainly related to junk cars, solid waste, and improper outdoor storage. Mr. Burns stated that the Planning Commission recommended approval of this request with four stipulations, which he outlined. Although there were considerable neighborhood complaints about this property expressed at the Planning Commission meeting, staff believes that most of the complaints were related to code violations . Staff also believes that the code issues are more correctly enforced through separate processes than through denial of the special use permit. It FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 PAGE 4 is felt that the additional garage will provide a storage opportunity for most of the items objected to in the code enforcement complaints. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, TO AME CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING: " Mr. Burns, City Manager, stated that these proposed am dments are in response to Council' s request that staff complete required policy and ordinance changes needed to mply with 1995 state legislation. This legislation requi s cities to act within sixty days on all land use applicat ' ns that apply to the zoning code, subdivision code, and the ity Charter. SET THE PUBLIC HEARING ON THE PROPOSED MENTS TO CHAPTER 205 OF THE FRIDLEY CITY CODE FOR OCTOBER 8, 1996. 7 . ESTABLISH A PUBLIC HEARING FOR OCT O R 28, 1996, TO AMEND CHAPTER 211 OF THE FRIDLEY CITY CODV ENTITLED "SUBDIVISION: " Mr. Burns, City Manager, stated t at these proposed amendments are in response to Council' s re est that the City comply with state mandated time limits on and use applications. In cases of both rezoning and sub ivision legislation, both the Planning Commission and t City Council would continue to hold public hearings, bu the time required for the process would be shortened by a owing staff to administratively set Council 's public heari g dates. As this process is changed, it is suggested th the Planning Commission' s informal hearings for lot splits be changed to formal hearings. SET THE PUBLIC H ING ON THE PROPOSED AMENDMENTS TO CHAPTER 211 OF THE FRID Y CITY CODE FOR OCTOBER 28, 1996. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, SAV #96-02, XY INDEPENDENT SCHOOL DISTRICT NO. 14 (WARD 1) : A. TO V CATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 61S AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AN WEST OF JACKSON STREET; B. 0 VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE; AND TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 PAGE 12 24 . PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY IN THE SO HEAST CORNER OF THE INTERSECTION OF 7TH STREET AND 61§K AVENUE (WARD 1) : MOTION by Councilwoman Jorgenson to waive the readin of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all vo ng aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Hickok, Planning Coordinator, stat that the City owns the property located in the southeast co er of the intersection of Seventh Street and 61st Avenue. Thi property is generally located between 61st Avenue on the north, eventh Street on the west, West Moore Lake Drive on the east, d unimproved 60th Avenue on the south and legally described as ocks 2 - 6,. Moore Lake Addition. Mr. Hickok stated that the iginal operating agreement established between School District 14 and the City in 1957 indicated a transfer of ownership Blocks 4 - 6 (general location of the Community Education Ce er) from the City to the School District. A subsequent agreeme in 1960 indicated that in addition to Blocks 4 - 6, Blocks 2 a 3 (location of the high school parking lot) would also be tr sferred from the City to the School District. This was never nsummated, and staff is recommending that Council conduct this Baring in order to declare the property excess so that a fir reading of the ordinance can be submitted for Council' s nsideration. No pers s in the audience spoke regarding the sale of this excess proper. roper Y. MOT ON by Councilwoman Bolkcom to close the public hearing. S onded by Councilwoman Jorgenson. Upon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:24 p.m. S. SPECIAL USE PERMIT, SP ##96-16, BY JUGAL AGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1) : . Mr. Hickok, Planning Coordinator, presented a video of this property. There was much discussion at the Planning Commission meeting about code issues. Mr. Hickok stated that the petitioner believes that much of this outside storage will be relieved with the construction of the garage. He believes that through code administration the remaining issues can be resolved. Mr. Hickok stated that the petitioner wishes to construct a second accessory structure on this site which will be 320 square feet. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 PAGE 13 Staff recommends approval with four stipulations, and the Planning Commission has concurred on a five to one vote. Councilwoman Jorgenson asked if the City has been working with the property owner or the renters regarding the code enforcement issues. Mr. Hickok stated that staff has been working with the property owner. The owner realizes he has had outdoor storage on the site and attributes this to the fact that he does not have a garage for this unit. Councilwoman Jorgenson asked if there would be sufficient room for storage inside this structure. Mr. Hickok stated that the garage would be large enough for one vehicle with room for storage along the inside. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #96-16, to allow construction of a second accessory .structure and encourage staff to work with the property owner on the code enforcement issues. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that the motion passed, but the stipulations were not added. Councilwoman Jorgenson stated that, with permission of her seconded, she would amend the motion to include the stipulations. Councilman Billings stated that the motion has already passed and would have to be reconsidered. MOTION by Councilman Schneider to reconsider the motion on Special Use Permit Request, SP #96-16. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting Special Use Permit Request, SP #96-16, by adding the following stipula- tions : (1) the petitioner shall provide a hard surface driveway at the time of garage construction; (2) the accessory structure shall not be used for a home occupation; (3) the structure shall be architecturally compatible with the existing dwelling; and (4) vehicles, refuse, and other materials shall be stored in compliance with the City Code. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 22, 1996 .rugal K. Agarwal 3015 - 12 1h Street NE New Brighton, MN 55112 Dear Mr. Agarwal: On October 14, 1996, the Fridley City Council officially approved your request for a special use permit, SP #96-16, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generally located at 370-372 74th Avenue NE. Approval of this special use permit is contingent upon the following stipulations: 1. The petitioner shall provide a hard surface driveway at the time of garage construction. 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse, and other materials shall be stored in compliance with the City Code. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. Jugal Agarwal October 22, 1996 Page 2 Sincerely, Barbara Dacy, AICP Community Development Director B D/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 5, 1996. -TA-TACj jACJV�-(WS C &cur wit action taken. n SLATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a special use permit, SP #96-16 1263 6 Owner: Jugal K Agarwal The above entitled matter came before the City Council of the City of Fridley and was heard on the 14th day of October , 19 96 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow accessory buildings other than the first accessory building over 240 square feet on Lot 3, Block 5, Melody Manor, generally located at 370-372 74th Avenue NE. 11 - 30 - aq -ay - 0095- IV'% IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with four stipulations. See City Council meeting minutes of October 14, 1996. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the yr,Z day of 192. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City Clerk ,r i b 4..Yti 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAG 12 24 . PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY IN THE UTHEAST CORNER OF THE INTERSECTION OF 7TH STREET AND 6 T AVENUE (WARD 1) : MOTION by Councilwoman Jorgenson to waive the readi of the public hearing notice and open the public hearing Seconded by Councilwoman Bolkcom. Upon a voice vote, all vo ing aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Hickok, Planning Coordinator, state that the City owns the property located in the southeast cor er of the intersection of Seventh Street and 61st Avenue. This roperty is generally located between 61st Avenue on the north, S enth Street on the west, West Moore Lake Drive on the east, an unimproved 60th Avenue on the south and legally described as B cks 2 - 6, Moore Lake Addition. Mr. Hickok stated that the original operating agreement established between School District No 14 and the City in 1957 indicated a transfer of ownership of locks 4 - 6 (general location of the Community Education Cent r) from the City to the School District. A subsequent agreement in 1960 indicated that in addition to Blocks 4 - 6, Blocks 2 and (location of the high school parking lot) would also be trans erred from the City to the School District. This was never co ummated, and staff is recommending that Council conduct this he ing in order to declare the property excess so that a first eading of the ordinance can be submitted for Council 's con deration. No persons n the audience spoke regarding the sale of this excess property. MOTION by Councilwoman Bolkcom to close the public hearing. Seco ed by Councilwoman Jorgenson. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried unanimously and the p lic hearing closed at 8:24 p.m. 5. SPECIAL USE PERMIT, SP #96-16, BY JUGALAGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1) : Mr. Hickok, Planning Coordinator, presented a video of this property. There was much discussion at the Planning Commission meeting about code issues. Mr. Hickok stated that the petitioner believes that much of this outside storage will be relieved with the construction of the garage. He believes that through code administration the remaining issues can be resolved. Mr. Hickok stated that the petitioner wishes to construct a second accessory structure on this site which will. be 320 squa,-e feet . i 2 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 PAGE 13 Staff recommends approval with four stipulations, n P and the Planning Commission has concurred on a five to one vote. Councilwoman Jorgenson asked if the City has been working with the property owner or the renters regarding the code enforcement issues. Mr. Hickok stated that staff has been working with the property owner. The owner realizes he has had outdoor storage on the site and attributes this to the fact that he does not have a garage for this unit. Councilwoman Jorgenson asked if there would be sufficient room for storage inside this structure. Mr. Hickok stated that the garage would be large enough for one vehicle with room for storage along the inside. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #96-16, to allow construction of a second accessory structure and encourage staff to work with the property owner on the code enforcement issues. Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that the motion passed, but the stipulations were not added. Councilwoman Jorgenson stated that, with permission of her seconded, she would amend the motion to include the stipulations. Councilman Billings stated that the motion has already passed and would have to be reconsidered. MOTION by Councilman Schneider to reconsider the motion on Special Use Permit Request, SP #96-16. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting Special Use Permit Request, SP #96-16, by adding the following stipula- tions: (1) the petitioner shall provide a hard surface driveway at the time of garage construction; (2) the accessory structure shall not be used for a home occupation; (3) the structure shall be architecturally compatible with the existing dwelling; and (4) vehicles, refuse, and other materials shall be stored in compliance with the City Code. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. J .. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 14 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, _SAV._06-02, BY INDEPENDENT SCHOOL DISTRICT NO. 14 (WARD 1) A. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED N TH OF 61ST AVENUE, EAST OF 7TH STREET, SOUTH OF 63RD AVENUE, AND WEST OF JACKSON STREET; B. TO VACATE STREETS AND ALLEYS GENERALLY LOCA/D NORTH OF S9TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, AND WEST OF WEST MOORE LAKE DRIVE; AND C. TO VACATE STREETS AND ALLEYS GENERALLY OCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUT;4 OF 61ST AVENUE, AND. WEST OF WEST MOORE LAKE DRIVE: Mr. Hickok, Planning Coordinator, stated that this is a request for vacation of streets and alleys in the Vinel nd Addition and Blocks 2 - 11, Moore Lake Addition. In 1955, t e City had vacated the streets and alleys in Vineland Addition. School District No. 14 requested that -the streets and alleys b re-vacated to clarify the issues, as the paperwork was not co m eted in order to finalize this process. Councilman Schneider stated th his primary issue was an explanation, as there was an implied receiving of property. Mr. Hickok stated that this va tion is a joint request by the City and the School District. Councilman Schneider stat that these are "paper" alleys and are being vacated because th e is no possibility of them being used. Streets are already bui in these areas. Mayor Nee stated t t the petition by the School District for vacation is on pro erty owned by the City and asked if this was correct. Mr. Hickok sta d that this is a joint request for vacation of the streets and lleys on City property and on School District property. e reviewed the areas on a map that will be City property a those that will be School District property. After the trans er the School District retains about 29. 17 acres, and the City re ins about 29.27 acres. MOTIO by Councilman Schneider to waive the reading and approve the ord' ance on first reading. Seconded by Councilwoman Jorgenson. Up n a voice vote, all voting aye, Mayor Nee declarer the motion arried unanimously_ ry^ ABS i 2ACT Receipt # p I s ❑ Certified Copy DOCUMENT NO. 1263090 . 0 ABSTRACT Date/Time: 19:00 ❑ Tax Liens/Releases ANOKA COUNTY MINNESOTA Doc. Order�_of 1_ Multi-Co_Doc Tax Pd ---❑_ I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE V/ by: Recordability:�_ L7i ransre r-1 Dew. FOR RECORD ON FEB 05 97 AND WAS DULY RECORDED. ❑ Division ❑ GAC AT 5 • 0 0 PM Filing Fees: , $19 . 5 0 PAID. Def. FEES AND TAXES IN THE AMOUNT OF Delqs: Pins: ❑ Status ❑ Spec. RECEIPT NO. 97008732 EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY JLG DEPUTY PROPERTY TAX ADMINISTRA TOR/RECORDER/REGISTRAR OF TITLES