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PL 11/09/1983 - 30605''�-1 C-I;TY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 CALL TO ORDER• Chairwoman Schnabel called the November 9, 1983, Planning Corr�nission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Kondrick, Mr. Sa ba, Mr. Goodspeed Members Absent: Mr. Svanda Ottiers Present: Jerrold Boardman, City Planner Carl Asprotf�, 470 Rice Creek Terrace Marlene Knight, 513 Rice Creek Terrace Anita & Duane Prairie, 489 Rice Creek Terrace Charles Lane, 482 Rice Creek Terrace - Harold Olsrud, 435 Rice Creek Terrace Ed Hamernik, 6740 Monroe St. N.E. James Hagen, 6736 � 7th St. N.E. �'1 David & Ma•rlene Richter, 6746 - 7th St. N.E. Fred & Arella Sarette, 494 Rice Creek Terrace � APPROVAL_OF OCTOBER 19, 1983, PLANNING CONMIISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the Oct. 19, 1983, pTanning Commission minutes as written. � Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimously. l. PUBLIC HEARING: SPECIAL USE PERMIT, SP #83-11 BY CARL A, ASPROTH: Per Section 205.0 1, 3, A, o tF�e Fri ey City Co e, to al ow the construction of a second accessory building, a 26' by 40' detached garage, on Lot 8, Block 5, Rice Creek Terrace, Plat 4, ti�e same being 470 Rice Creek Terrace N.E. MOTION by Mr. Oquist, seconded 6.y Ms. Gabel � to open tFie pufil i� h.eartl�g on SP #83-11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnafie7 declared tEie �public hearing open at 7:32 p.m. Mr. 6oardman stated the Comni'ssion memfiers bad MeJao �83-8Q from Bill Deblon regarding the special use permit request. � PLANNING COMMISSION MEETING, NOVEMBER 9, 1983 PAGE 2 � Mr. Boardman stated the plan included in the agenda shows the house, existing garage, and where the potential garage would be located. Apparently, there was an addition on the back of the house which does not show on the plan. Staff was not sure of the size of that addition. Until Staff knows exactly the amount of square footage of 6ui7ding area the petitioner has, Staff is concerned that t�e petitioner might be getting very close to the 25� lot coverage. The lot size is 13,358 sq. ft, so the maximum building area a71ow- able is about �3,340 sq. ft. Mr. Boardman stated the plan (from the aerial �hotoj shows 2,815 sq. ft. If the addition on the house is about 500 sq, ft r. �sproth may be over the 25% lot coverage. Mr. Boardman stated that when Staff looked at the property, they gave the petitioner the setback requirements, lot coverage requirements, the size of the building allowed on the lot, and the restrictions on the use such as home occupation. Staff has some concern with the size of the building, especially when there is an underground tunnel and a basement under the structure. Mr. Boardman stated that judging from the aerial photo, there seems to be enough room by the side of the house to get a driveway back, but this won't be confirmed until a survey is done. If the Planning Corronission recommends approval of the special use permit, be would recommend a survey be obtained hefore t�is goes to City Council. The petitioner, Carl Asproth, was in the audience. Mr. Asproth stated that as far as he was concerned, the size of the garage could be smaller. He could make the garage fit into the requirements as far as lot coverage. He stated that his son, who is a taxidermist, lives with him. Right now his son has a freeze-dry unit in the existing garage and is working in there. His son has looked at renting some space for his business, but he cannot afford it. The reason for the new garage is for storage. Mr. Boardman asked if Mr. Asproth was planning to convert the existing garage from garage to working space. Mr. Asproth stated his son is working in the garage right now. Mr. Boardman explained that a home occupation is not an allowable use in an accessory building. Right now the existing garage is an accessory building and cannot be used for a home occupation. Home occupation has to be run out of a lfving area. If Mr. Asproth turned the existing garage into living space, then the home occupation would be allowable as long as the home occupation is accessible through the living structure. Mr. Boardman stated that this was one of Staff's concerns regarding this special use permit request. It would have to be made very clear that a home occupation cannot operate out of an accessory building. �� Ms. Gabel asked Mr. Asproth the reason for constructing a tunnel. � Mr. Asproth stated there would be a basement under the new garage. The tunnel wou7d connect the house to the basement of the new garage. The tunnel was necessary because his son would be moving the display cases that are presently in the bas�nent of the house to the basement of the new garage for storage. a '�� PLANNING COMMISSION MEETING, NOVE�BER 9, 1983 PAGE 3 Ms. Schnabe7 asked about the construction of the tunne] Mr. Asproth stated it would be constructed of concrete blocks. It would be fire-proof with fire-proof doors on both ends. Mr. Oquist stated it appeared that the basement of the new garage would be used for display purposes to show potential customers, and he did not think that was legal, because the basement of t�e garage is still part of the accessory building. Mr. Goodspeed stated he saw two problems: (1) T�e taxidermy business in tbe existing garage right no�¢ is illegal; and (2) The use of the new facility might not be legal either. � Mr. Boardman stated that if Mr. Asproth took the existing garage that is . attached to the house, blocked it off so it became part of the house structure, he could use t�at for a home occupation as long as there is no access directly to the outside and access is gained from inside t�e house structure. In that situation, a special use permit would no longer be required because the first accessory building would 6e the new garage that is proposed. However, there is still the prob7em that the new garage cannot be used for any part of a fiome occupation. The only way he can use t�at new garage space for home �"� occupation is if that structure abuts the house structure itself and becomes a part of the house structure. A portion of the new structure could still be used as garage space. and that garage space would 6e classified as the new accessory building. At this point, they do not know what Mr. Asproth's house looks like wit6 the addition. The way the plan is laid out and Mr. Asproth's intent for use of the new structure, he would not meet the home occupati.on requirement even if he did meet tFie 25% lot coverage requirement. Mr. Goodspeed stated it would be conceivab7e to expand onto the basement of tbe �ouse wit�out building on top of the basement, seal his existing garage, and then build a normal garage. Mr. Boardman stated that was a possibility if it met all the codes. Mr. Asproth stated he wanted the building to look decent. Where he proposed to build t�e garage, it would be practically 6idden 6ecause of the trees. The garage would 6e stuccoed the same as the house. If �e added an addition to the house, it is going to affect everybody, and it will not look as nice. Ms. Schnabel stated that the Planning Camnission real]y needed a survey to know what the exact measurements were of the existing structure. Ms. Schnabe7 asked if there was anyone in the audience who would like to caronent on this request. ^ Mrs. Marlene Knight, 513 Rice Creek Terrace, stated she would like to have an understanding of what the coding is in this particular area. She stated that five years ago, a neighbor wanted to build a detached garage. At that time, PLANNING COMMISSION MEETING, NOVEMBER 9, 1983� PAGE 4 it was her unders'tanding that there was a provision in the abstracts made by the developer in that particu7ar neighborhood that no one could build a detac�ed structure and that those structures fiad to be attac�ed to the house. She stated when they boug�t their �ouse six years ago, tfiey were informed of t6is fact by tfieir attorney. S�e stated tfiat every house in that area has an attached garage and there are no detached garages. Mr. Boardman stated the City does not have anythinq on covenants recorded at the City. This would be recorded at the County. When developers put on restrictions like this, they record the private covenants with the County. Mr. Boardman sugge5ted Mr. Asproth check to see if he had any type of covenant on his deed. Mr. Charles Lane, 482 Rice Creek Terrace, stated that Mr. & Mrs. Holerud could not be at the meeting, but they had given him a letter to bring to the Planning Comnission meeting. He read the follo�ing letter: "Tn regards to t�e request of Mr. Carl Asproth to construct a 40' x 2fi' 6uilding in his back yard at 470 Rice Creek Terrace, Fridley. As next door home owners, I, Carlton Holerud,and my wife, Mary P. Holerud, are opposed to a building of this size being constructed." Mr. Lane stated he would also be similarly opposed to granting a special use permit, primarily because he felt an accessory building in the back yard would detract cons.iderably from the value of his property, if and when he would be in a position to sell it. He stated his family room looks out onto Mr. Asproth's back yar�. Mrs. Fred Sarette, 494 Rice Creek Terrace,�stated she had a letter from Mr. Miles Gerard, 506 Rice Creek Terrace, who also could not be at the meeting. She read the following letter: "In reviewing proposal of a special use permit, SP #83-11, by Carl A. Asproth for construction of a second building (26' x 40') at 470 Rice Creek Terrace N.E., I feel I was misinformed at time of signing neighborhoad petition. I request my signature be void from said neighborhood petition. and respectfully request you to accept my NO vote in regard to above proposal." Mr. Duane Prairi� 489 Rice Creek Terrace, stated he was sure the reason all the neighbors were at the meeting was because they were concerned with the way their neighborhood looks. From the discussion, it sounded like a lot things were very unclear as to what was actually going to happen. He stated t�ey are concerned because there are no buildings of this type in the neighborhood, and they also want to protect the looks of their co�ununity. Ms. Gabel stated it was clear tfiai tFiey cannot legally grant tFiis special use permit reqt�est based on the stated use for tfie accessory bvi7ding. Mr. Asproth presented a petition signed by 13 neigfibors who were in favor of SUP #83-11. (One neighbor has asked to be removed.) � � � r'1 PLANNING COMMISSION MEETiNG : NOVEMBER 9;�1983 � PAGE 5 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive into the record the petit n presented by the petitioner, the letter from Mr. & Mrs. Carlton Holerud dated Nov. 9, 1983, and the letter from Mr. Miles Gerard dated Nov. 9, 1983. Upon a voice vote, all voting aye, Chairwoman Schnabe7 declared the motion carried unanimously. Ms. Schnabel stated it appears the Planning Commission cannot grant this special use permit request based on the way the petitioner has presented his proposal, because it would not fall within t�e City's zoning guidelines. Mr. Oquist stated he thought the petitioner could add a structure onto the house that would be acceptable to everyone and would be pleas�ng to look at. Ms. Gabel stated she wanted the petitioner to understand that even if the neighbors were in agreement, the Planning Commission could not grant the specia] use permit request because of the intended use for the building. MOTION by Ms. Gabe�, seconded 6y Mr. Saba, to close t�e pu6lic hearing on ��8�-11 by Carl A. Asproth. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion ^ carried unanimously. MOTION b Ms. Gabel seconded b Mr. 0 uist, to recommend to Cit Council en a o S ec�� se ermit, 8� , y ar , sprot ;.per ect on . of t e ri e �t o e to a ow �t e�cohstruCt on o a � secon accessor bui din a 26 b 0 etac e aPa e' on ot , oc 5 Rice Creek Terrace, Plat 4, the same�being 470 Rice Cree errace .., for the followin reasons: . 1. The Plannin Commission cannot le all rant this re uest � because of the intende use of second accessor ui in . 2. The proposed building is not com�a i_e with t e neig or ood. Ms. Gabel stated she did not fee7 the petitioner's plan had been very well thought out. An architect should be consulted so this can be done in a manner tF�at wou7d be compatible with tF�e neigh6orhood and the existing structure. Mr. Oquist stated they had determined that the second accessory building could only be 800 sq. ft., rather than the 1,040 sq, ft. being proposed. He agreed that the plan wasn't well planned. Even without the intended use, this structure does not fit the plan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this special use permit would go to City Council on n November 21. PLAN:IING COMMISSION MEETING, NOVEMBER 9, 1983 PAGE 6 ,.� Mr. Boardman stated he would also suggest to the petitioner that, based on the new information brought out at this �eting, it would be very hard for Staff to take this request to City Council as it is. Staff was not aware of the addition on the back of the house and what the actual square footage of the house is. They would need a survey before this goes to City Council. He stated the petitioner may even want to considPr witfidrawing this request and consider a different development that is alloived within the City Codes. 2. RECEIVE SEPTEMBER 27, 1983, ENERGY CON0�9ISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the Sept. 27, 1983, n�ergy Commission minutes. Upon a voice vote, al] voting aye, Chairwoman Schnabel dec]ared the motion carried unanimously, 3. RECEIVE OCTOBER 13� i983, HOUSING & REDEVELOPMENT AlJTF10RITY 1�INUTES: MOTION by Mr. Saba, seconded 6y Mr. Goodspeed, to receive the Oct. 13, 1983, oA—using & Redevelopment Authority minutes. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the motion carried unanimous]y. ^ 4. RECEIVE OCTOBER 17, 1983� PARKS & RECREATION COMMISSION MINUTES: � MOTION by Mr. Kondrick, seconded by Mr. Goodspeed, to receive the Oct. 17, 7983, a�-rTcs & Recreation Comnission minutes. Mr. Kondrick stated that on page 14, the Commission had made a motion recommending that "the City of Fridley enter into an agreement with the Nort6east Chamber Orchestra with an upper limit of five concerts in the City of Fridley for the 1984 year at $150/concert; and with the Fridley City Band for six concerts in the park with an upper limit of nine total concerts in the City of Fridley at $150/concert". He stated three members voted for the motion, one voted against tF�e motion, and one member abstained. Mr. Kondrick stated that in a previous decision on Sept. 27, 1982, by the Parks & Recreation Commission to underwrite the cost of music and supplies and underwrite 1/4 of the directors' salaries for the Northeast Chamber and City Band with a phase-out of the directors' salaries, the Commission did not fee7 they had considered the overall plan of the Parks & Recreation Cortmission which is to provide eniertainment and recreational programs for all and perhaps the omission of some funds for that particular type of activity was overlooked. Ms. Gabe] stated she agreed the City needed more culture. She had looked through the Parks & Recreation brochure a�d also became a little angry about the statement that the Parks;& Recreation Department is totally sports-oriented. /'� That was not a fair statement. She stated the $30 fee/person set by the � ��'1 � PLANNING COMMISSION MEETING; NOVEMBER 9, 1983' PAGE 7 Northeast Chamber was not even $3/month, and she really felt it was a dis- proportionate amoun� compared to what people are required to pay to parti- cipate in any activity through parks and recreation. A good example was volle,y�ball and fiasketha7l fees whicfi range from $5Q-285 to participate. Ms. Gabel stated s[�e has a child wFio plays an instrument and also plays in sports so she knows about the cost of the instrument, music lessons, and the expense of it. Then, when the child participates in a sport with the FYSA, there are quite a few expenses. There is an FYSA family fee of $5, a$16-18 participation fee, and for one sport, it was $60 for used equipment. That totalled $80 for 3-4 months. In addition, the FYSA litera�ly demands a lot of volunteer ti� from people who participate. She stated sfie also belongs to a lot of other organizations, and it is her feeling that if these organi� zations want to exist badly enough, they will exist. She did not think it was bad that the City help support these two organizations, but she did think they were not doing enough to contribute to their own survival. Ms. Gabe7 stated it is the disproportionate amount of funds that really bothered her. Last time, they talked about certain other organizations that had their funding cut out totally by the City. Mr. Kondrick stated that, although it may be true that funds have stopped for other programs, the Parks & Recreation Commission cannot concern themse]ves with those. That is not the Parks & Recreation Correnission's function. It is a concern to the Commission as people 7iving in Frid7ey, but the Parks & Recreation Comnission's job as a commission is to provide opportunity for recreation in Fridley. That is really what the issue is here. Ms. Gabel stated she did not dispute the fee, but what these two organizations have done is to find a new way for the City to fund them without having to put forth much effort. Mr. Oquist stated he wondered what paying the Northeast Chamber and City Band would do to their amateur status. He wondered if they were getting enough Fridley people to watch these concerts to imake the $150/concert worthwhi]e. Mr. Goodspeed stated he agreed wi�h Ms. Gabel. These people do play for their own enjoyment, and if they don't get money from the City, they wi71 find it somewhere. UPON A VOICE YOTE, ALL YOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MINUTES RECEIYED. PLANNING COMMISSION MEETING, NOVE�BER 9, 1983 PAGE 8 �`� 5. RECEIVE OCTOBER 18, 1983,�ENVIRONMENTAL QUALITY COMMISSION �INUTES: MOTION by Mr. Oquist, seconded br Mr. Kondrick, to recei�e t�e Oct. 18, 1983, nE""v onmental Quality Cormoission minutes. Upon a yoice vote� all voting aye, Cfiairwoman Schnafie7 dec]ared the motion carried unanimously. 6. RECEIVE OCTOBER 25, 1983; APPEALS COMMISSION �INUTES: MOTION by Ms. Gabel, seconded by Mr. Sa6a, to receive the Oct. 25, 1983, pl�peaTs Commission minutes. Upon a voice vote�, all voti.ng aye, Chairwanan Scfinahel declared the motion carried unanimous7y. 7. RECEIVE OCTOBER 25,�1983, ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Oct. 25, 1983, n�ergy Commission minutes. Upon a voice vote. all voting aye, Chairwoman Schnabel declared tF►e motion carried unanimously. '`�� ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairwoman Schnabel declared the November 9, 1983, P7anning Comnission meeting adjourned at 10:]5 p.m. Respectfully submitted, Lyn e Saba Recording Secretary � / � CARiTON S. HOLERUD 456 Rice Creek Terr. Fridley, Minn. 55432 Nov. 9. 19�3 To whom it may concern: In regards to the reauest of Mr. Carl Asproth to construct a 40' x 26' building in his back yard at 470 Rice Creek Terr. Fridley. As next Holerud and opposed to a %'1 constructed. n door home owners. I Carlton my wife Mary P. Holerud are building of this size bein� You ru , Carlton S. Hol d C r \ 1 November 9, '1983 To: PLANNING COM,^:ISSION _____�— _ - _ __- -.-- __. _. Dear Sirs; --- --------- --� -- - - - - In reviewing proposal of a special use permit SP # 83-'�1, --- --- by_Carl A. Asproth for construction of a second building -- - � �26 ft. X 40 ft.) at 470 Rice Creek Terrace N.E. , I feel I was Nisinformed at time of signing neighborhood petition. _ � I request my signature be void from said neighborhood petition, and respECtfully request you to accept my NO vote in regard to above proposal. _ __ _ _ . . . - - ^, Respectfully, - --- - -- - - - -- - - - - - -- - /�. �'t� ��� . _ - Miles G. 2rd -� - 506 Rice Creek Terrace _ _ HomE Owner --- - - - - _ � - - - - -- - - ---- - ---- - -- -- - - - -- ^ �"� �../. .-�/ �t / i � . • / n/� �,-, �-. � �/ `� � /�' !'i� v oR o 1" �.Qr �`T � �°�` -s � �3 -1/ (o r ��/�' � � �.f f� e%� �4 �PG/ / o N � Q s� D �// .3/ f� O � � � p �y.— � /�"R / �L P � y ? d G�. ! � t (' �E' << � f �' -� �P i9 c � n ._.- / 2' . � �' . � � .l� � . �� � ' l 2� �L �. � � � i1� � .r�.' � �--�. - 9�� S- � � � i � �-� �L 1'�e � �,- . � 75�-7��,�?. �. :�, � 6726 N.�.�r�r�. � . � �r�c �h, ��i �� ' v �,� // II 2 %! � // � . ` � r) `� / -�C .,�,�, � � � � , � �i l.�-' +. 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