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PL 08/10/1988 - 7120. �, PLADTNING COMMISSION 1�IEETING WEDNESDAY, AUGUST 10, 1988 7:30 P.M. Public Copy I e ! City of Fridley AGENDA PLAl�Il�TIlVG OJN�lISSIDN MEEI'Il� WIDI�SDAY, AUGUST 10, 1988 7:30 P.M. LOQ�T�N: *�NMAJIl7 IDUCATIDN C�NPER, 6085 - 7R4i STR'0� N.E.'� PAGF� C'ALI� ZO�, OI�ER: 1mLL CAI�,: APPI�VE Pi,AI�TIlVG CDNA�l�SSIDN MIlVUI'ES: July 27, 1988 ION OF- A #88-10, BY '1'I�N�18 KAL�LR�OS: - • . • • . • . • • • • . • • • • • • . 1 - 1G Per Section 205.07.01.C.1 of the Fridley City Code, to allav a thixr7. accessoYy building on Lot 22, except the west 85 feet, Auditor's Subdivision No. 129, the same being 1466 Or�on�laga Street N.E. RECE IV E THE MINUTES OF TI� �DUS Il� & RIDEV IIA PME1�I' AUTI�J RITY MEEI'Il� OF J[JLY 14, 1988 . . . . . . . . . . . . . . . . . . . . WHITS E THE MINUTES OF THE JO INT ENV IRONMENTAL Q UAL ITY iIDN/II�RGY Q�MMISSIDN MEEl'Il� OF JUI�Y 19, 1988 ..:.... BLOE RECEIVE THE MINUTES OF THE APPEALS �MMISSION MEErING OF AUQTS°I' 2, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . YSI.LOW O'IHER BUSIl�SS: . . . . . - • . . . . . . . . . . . . . . . . . . . 2 � � • •� � i�+ � �. , � � CITY OF FRIDLEY PLAI�TIl�1G CD IDN MEEI'Il�1G. JULY 27. 1988 C�1L�L 7.0 O1�ER: C�iairperson Betzold c�lled the July 27, 1988, Planning CaRmission meeting to order at 7:35 p.m. 1mLL CALL: Msnbers Present: Dor�ald Betzold, Dave Kondrick, Dean Saba, Al�x B�.rna. Sue Sherek, Paul Dahlberg Menbers Absent: None Others Present: Jock Robertson, Co�¢mulity Devela�snent Director Kathlyn Castle, Plannir�g Assistant Jim Hi11. Acting City Marager Bill Bartram, 6121 Hrooklyn Blvd. Susan Prebil, 6121 Brooklyn Blvd. Michael I�.ein (arrhitect for William BartYam) Jam�s H. Parker, 53 00 Higl�ar�ray 101, Miru�eton]ca Becky Ar�derson, 500 Osborne Rd., fNortl�aestern Orth.) Lirr7a Sarrlberg. 500 Osborne Rd.. (NortYa�vestern Orth. ) Leon Martin, University Ave.nue"Associ.ates Lirr7a Fisher, (representing Sprirx�brook A�rl�nents? Father Jahn Magranm, Orth+odox Church Vladimir Chahwsko�, 4717 Coliunbus Ave. S. Teriy Hart, 6000 - 3rd St. N. E. APPI�VAL OF JUI� 22, 1988, PLAI�TIl�1G OJNA�tISSIDN MIl�UTFS: Mr. D�ahlberg stated that on gages 4, 6, and 9, "25-30 second sheathing materi.al" shauld be char�ed to "25/30 irr,h sheathing materi.al °. NDTIDN by Mr. Korrlri.ck, seconded by Ms. Sherek, to apprave the June 22 , 1988, Plannir�g Ca�ni.ssion miraites as amerrled. UI�N A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER90N BE�LQLD DECC,ARID THE NDTION C7�,RR� UNANINDUSLY. 1. PUBLIC HEARING: �NSmERATION OF A SPECIAL USE PERMIT, SP #88-08, BY - WILLIAM BARI'RAM: Per Section 205.14.O1.C.2 of the Fridley City Code to 'allow automobile agencies to sell or c�isplay new and/or used vehicles; per Section 205.14.O1.C.8 of the Fridley City Code to allow exterior storage of materials and equiFanent on Lot 2, Block 2, Springbrook Apart,ments at l�brthtown, generally located rnrth of 83rd Avenue and west of University Aver�ue. PIBLIC F�4RIlVG OPEN Mr. Rd�ertson stated this property was zoried C�2, general busirnss distri.ct, -1- � PLAI�IlVIl�1G CDA�KISSID N�'PIlVG, �.ZULY 27. 1988 which allaas autanobile clealerships ar�d autside storage of materials as a speci.al use. The property abuts an i�3, mul.tiple c�aelliru3 district, to the west arri C�2 to the mrth ar�d south. Mr. Robertson stated the elevations stil l did not shaw ariy roof top equignent, which was a question that had to be pursued with the petitioner. The buildir� �rii� be a,pp�roximately 28,000 sq. ft. af floor area with 22,410 sq. ft. on the grounc� level and approx. 6,100 sq. ft. on the mezzanine le�e1. � The sp3ce will be divided� araong- showrooQn, office, sezvice, body slzop, -ar�d exparision uses. Mr. R4bertson stated this area was also the site of the Springbrook Apartments, the Northwestern Orthopedic Clinic, the first clinic the Flannirig Catmission reviewed arxi reco[t¢nerr3ed approval to City Cauncil about one ymr ago. A secor,d clinic is beir�g planr�ed for the mrth side of 83 rd Avera�se. - Mr. I�bertson stated the site contai ns wetlands that will be af f ected by the develo�nent. The petetior�er has obtair�ed a r�atiorsl permit f rcan the Corps of Engir�eers which allv�as the filling of the wetlar�ds. Mr. Robertson sh+owed a site plan tt�at was a revised plan from the one the C'ar�nissioners had received in their agerx�a �cket. Mr. Barna stated that regarding the building of a second clinic by Nort�estern Orthapc�ii.cs, the wa,y the f rontage road is desigr�ed on the mrth side as oo��ared to the south side, that was goir�g to reduce the amount of property available to the other lot. Wi11 that still be a vi.able progosal ? Norttaaestern Ozthr�pedics applied for ar�d received quite a few variances for the first clinic. Mr. Rd�ertson stated he l�a the develapers were aware of that difference, arrl it was possible there would be sane vari,a�es for that property. Mr. Barra stated he just wanted Norttavestern Orthopedics to be aware that this i.f this lot was too much st�al.ler tY�an the lot to the south, they were going to have a hard time getting variances because it would be a self-created ham�hip. Mr. D�Iberg �ked if staff Y�ad Y�ad adeqUate time to review the revised. drawi�s to mak� sure the buildir�g wauld adhere to all the setbacks. Mr. l�bertson stated, yes, staff had reviewed the revised drawings. Mr. Willi.am Bartram, the petitiozber, stated they plan to build a new auto dealership on this parcel of property. Regarding the awnership of this �rcel and the parcel iiranedi.ately to the east of it, the parcel to the east was sold sca�ee t,i.aie ago to Nort�Yaaestern Orthopedics. Sane time �rlier, when both pa.rcels were platted, it was his understanding that it was done in accordarice with the desires of the City of Fridley in ternns of layout arxi the positioning of the roadway. He stated this was in response to Mr. Barm' s catment about the shape of the other lot. - -2- PLAI�Il�TIlVG CDN�lISSIDN MEEPIl�, JL1I,�Y 27, 1988 Mr. Barra asked if Mr. Bartxam was plaruu.ng on mar�agir�g the dealership, arrl what type autai�abiles �would he sell ar�d service? Mr. Bartram stated he would marage the dealership. He stated he was also the dealer ar�d President of Brvokdale C7�ysler/Plymauth in Bzmlclyn Center, ar�d he has been running that dealership for ten years. He stated they have single family han�s on two sides of the dealership in Brooklyn Center, and have had no cxe�ments fran their r�ei��bors. He stated they do operate in a aanner to � cognizant of the residenti.al neig%borhood. Mr. Bartiam stated they will be selling both new arr3 used auta�abiles. They currently have a franchise to sell Yugo brarxi autcanobiles, and they are discussirx,� franchise situations with 2-3 other marnifacturers. Mr. Barra asked if the auto re�aair shop would be strictly for v�icles being soid at the dealership, or would it also be open to the general public? Mr. Bartram stated he believed most dealerships were open to the general public; hawever, it would gernrally be for cars they have expertise on. In gernral, they do warran.ty work arrl custaner service work on vehicles sold or on the used cars that are beir�g pre�ared for sale. Mr. Barra asked that rnganiing the body shap, were they going � have emugh inside storage area for vehicles that are not ready for sale? The dealership was right r�ext door to an apar�nent complex, and there was the possibility of a senior develognent to the mrth. Mr. �rtram stated they are lookirx,� at additional property. They need to work with the City Engineering De�xirtinent on the current layout to see hvw they can lay out the 100 ymr flood drairage area. They can certainly work that area so they have n�re parkir�g i�diately to the west of the building so they can have more screened �rki� areas available. They are currently discussing with t-he people mamging the estate for the praperiy to the nox-t.h of aaqui.ring a two acre �arcel which would allaa them to have more parking area for service or body shop vehicles that might be in a damaged oorrlition. He stated he was vexy ser�sitive t.o that concern ar�d did mt want these types of vehicles displayed where they would be an eyesore to the general public arrl certainly mt to the rnigY�bors. Mr. Betzold asked haw this d�lership c�anpared in size to other dea.lerships in Fridl� such as Vikir�g Ch�vivlet or Nissan Nozth. Mr. Bartra� stated the main parcel of lar�d they currently awn and are pivposing �he develognent for was appro�c. 3.2 acres. Most car dealerships he was famili�r with were built on anythirig frcro slightly wer two acres up to an average of 3-3 1/2 acres. His car dealer.�liip in Brooklyn Center was 4.3 acres which included a green strip arour�d the back of the service Farkirx,� area. Mr. Betzold asked what tfineframe Mr. Bartram was looking at for the develagnterit. _. -3- �r , ` PLArIlQIl� CDNA�IISSIDN ME.E.TIl�, JOLY 27, 1988 � Mr. Bartram stated he would like to coatunence construction as soon as possible so th� would be able to canplete the o�utside lot work ar�d have the first coat af �s.ving on before late October. They would like to open by Jan. 1, 1989. Mr. Dah7.berg asked i�ow many different brarris of vehicles Mr. Bartram would be-selling. Mr. Bartram stated the rn�nber of franchises would depend upon the voliune level those vehicles have in th+e imrket area. They are talking to two other important frarrh.ises. One o� these has a good preser�ce in mr�st market areas ar�d does mt have sufficient dealer representation currently in the 'I�in Cities market. In that case, thc� mi�t leave the Yugo in Brooklyn Center ar�d put the other brarrl in Fridley b� itself. Th� are talking to a third �rnafacturer that would be a lower vol�ne car currently, Volkswagen, which used to have a facil ity on Centza]. Avernie, south of I-694. If they had the Volkswagen ar�d the Yugo, tl�t might be all they would have at this facility. There was the possibility of amther specialty frar�chise that might have a 4 wheel drive utility vehicle that would be a limited pnoduct lir�e. Mr. �hlberg stated the reason he was asking about the rnmiber of vehicle types was because each � these ca�nies wauld want their own distinctive sign, ar�d Mr. Bartram w�d be limited by ordirance on the amaunt of sig=age he w�lci be allaaed to have. They do mt want to have billboard signs all along the street frontage advertisirig all three car aeiw£acturers. Mr. Bartram stated he would mt propose ariy more signage on the property tt�an what was allaaed Y� code, regardless of how many franchises he had. His preferer,ce was for signs that are in keeping with what people would consider current high er�d develapnent kirrl of profiles. He was mt looking for large signs. Mr. Betzold stated it saur�died like the dealership would pri�rily deal with import autamobiles. Mr. Bartr�m stated Minnesota State Law states that a new automobile dealership cannot be added within 10 miles of an existing one, so that pretty well elimir�ated any domestic franchise in this area unless a dealership happened to give or� up, arrl that was mt likely to happen. Mr. Barra asked about t3ie lighting plan. Mr. Mict�ael Klein, the architect for the proj ect, reviewed the lighting plan. Mr. Bartram stated they were looking at fixtures that have a very high cut off so the lig2x� is direct.ed c7own onto the praperty ar�d is mt to go aut horizontally to be a bright li�t at scxneone's a�rtinent. Mr. Bara�a asked Mr. R�obertson haw this lighting plan fit in with the Un3.versity Avesnie Corridor lighting plan. -4- � !, a PLP�I�iIlVG OJN�lTSS.IDN MEEI'Il�, JiII,Y 27, 1988 Mr. Robertson stated staff has mt had a chance to talk to the architects about the li�iting alorig University Avenue. They have sane prototypes fz�oan the design consultant for de�rative lighting, a glabe-type fixture, to be installed in the planting strip between the �rking.lot arrl the curb. They could furnish the architect with those specifications. - Mr. lmbertson stated staff was re�errlir�g the follawing stipulations: 1. Petitioner agrees to sewer ar�d water assessnents. 2. Petitioner to install lar�scapir�g as per City approved plan by June 15, - 1989. 3. Hmplc�ee%ustamer/sezvice parking to be desigr�ated by signage. 4. Etnplv,�ee%ustamer/service parking to be striped at 10' x 18' stalls. Display car stalls to be 9' x 18'. - 5. Upon expansion of the autat�obile dealerstiip, the petitioner is to work with the City to deterniir�e whether or mt a permit wil l be needed f roan the Depar�nent of Natural Resources ar�d/or the Oorps of Engirieers. 6. There is to be m o�utside speaker usage. 7. A privacy fer�ce is to be ir�talled along the west property lir�e by May - 15, 1989. 8. The petitioner is to su}�ut a stoan drair�age plan for staff approval prior to the City Cou:ncil meeting. 9. A Pexfonnar�ce Bor�d or Letter of Credit to be submitted to the City of - Fridlc-� for 3� of the buildirx3 construction valu+e prior to the issuance of a building �*�; t. � 10. A road assessnent arrl ri�it of-�v�ray extension agreenent to be sign�ed by both the petitioner ar�d the r�eighbor to the mrth. This dQC�anent is to be �ecorded at the Arnlca County Courthause prior to the issuance of the buildi� peanit. Mr. Robertson stated the reason for stipulation #10 was because several types of development have been discussed for this area between the petitior�er's property ar�d the � property. 7�ie obj ective was to get those dif f erent properiy owr�ers to agree on the al igrment for the f rontage mad. Mr Bartiam stated he wrnil.d seriausly question stipulation #10. He would be happ� to c�nply with that stipulation on his properiy and the property to the mrth (if h+e should aasuire the mrthern piece of property) ; haaever, this sti�lation states that his ability to proceed with his project was deper�dent upon him being able to secure apprwal fran the property awner to the mrth, aver wham Ybe has na wntrol whatsoever. In fact, that garcel is aurnd by an estate arrl is beir�g administered 1� a� bank in St. Paul, arid they are mt vezy likely to grant anything until they are rearly to sell the -5- r PLANNIl�T �NA�lISSIDN MEEPIl�. �Y 27, 1988 property ar�d the r�ew owner wishes to plat the praperty. At that time, the City has the authority to designate where the roadway should be on the praperty. He did mt understar�r3 why it should be his responsibility to secure approval f�n that pzoperty avner which might mt be forthcoQni.ng arx3. have his develo�ent stopped until such tim+e as he could get tt�at app�ral. Mr. Betzold stated Mr. Bartram had raised a good point. Mr. Bartram stated. he had m pmblem with the City rn�tifying the property owr5ers to the mrth, but he would obj ect to his pivj ect beirig held up until such a tia�e as the properiy avner to the mrth deened it as beirx,� o.k. Mr. Bartram stated that regaYdi.ng stipulation #7, while he did mt obj ect to putting in fenci� arxi proper screening along the west property line, he believed that a cambiration of eveYgreen trees or some other foliage might be a more attractive screening device than having a privacy fence. A privacy fence usually erbds up being wood, it requires a high level of maintersr�ce, ar�d usually wood privacy fer�ces are mt terribly attractive. The area immediately west of there is primarily the back of the apartment garages; ar�d he did mt think puttir�g up a privacy fer�ce across the back of the garages would enhance an�thing. He thought the� would better serve the people in the apartment buildir�gs anl the ca�minity as a whole if they did planting of evergreens or sane other canbiration of screenirx,� products that might prwide that screening without spending t2ie maney to build a fence behir�d garages. Mr. Robertson stated he had prepared a rough illustration to show the gerberal relationship between the apartsnent project and the petitioner's proposal airl to point out that there is a hiking/biking trail between the garages arrl the pxvperty lin+e in question. So, it was r�ot just passive space; there was going to be soane active use of that area behind the garages. Mr. Bartram stated stipulation #6 stated that there be n�o outside speaker usage. G1�rrnntly, he did mt have any plans for an outside speaker, but most car d�lerships d4 have sane kirr3 of outside speaker system that is used during regu].ar business Y�urs. He would be agree�able to a stipulation tt�at allowed the outside speaker systen, but restricted the hours it could be used; for example, between the hours of 8:30 a.m to 9:00 p.m. Morx]ay - Saturday ar�d m usage on Su�7ay. Car dealerships generally close at 6:00 p.m. on Friday ar�d Saturolay so-he would not anticipate any usage of the speaker system after 6:00 p.m._ on Friday or Saturday. He stated the speakers are used soley for ��ing dealership staff. � Mr. Betzold asked if Mr. Bartram would be agrea3ble to having a stipulaton that said the speaker sqsten would be used only for �ging. Mr. Bartram stated 1ae would be agreeable to such a sti�lation. Mr. Sa�a askecl if Mr. Bartxam had ar� irltention of installing any kir�d of m4bile Ynane to be used as a sales office for the sale of used cars. -6- � 6 , z �Il� mN�+l�SSIDN N�TIl�. JiII,Y 27, 1988 Mr. Bartram stated he would mt. He stated they are taking about a high er�d appearar�ce facility, a veiy clean, modem, attractive facility, arid he would destray his own i.m�ge by bringing something of that nature onto the P�rtY • Mr. Ror�dri.ck asked how much distance there was between the rear of the apartment garages ar�d the �rkir�g lot on the west edge. Was a bernn possible instead of a f er�ce? Mr. IQein stated there was appmxinately 110 feet frosn the garage wall at the widest errl, ar�d then it rarrows down to 65 feet. Mr. Bartram stated he had conte�lated a bean along the entire west side ar�d then doirzg derise plantir�g of pine t,rees. Their problen was that the water storage necessitates a n�egative benn. Mr. Jim Parker, Advar�ce Suxveyir�g & Engineeririg, stated they were doing the drairr�ge calculations for the pond and right r�ow the existing porsd goes right up to the properiy lir�e, so in order to build a bernn on this property as apposed to on the adj oini.r�g px�perty, they would be f il l ing in the por�l rather than creatir�g storage. There was already a row of evergreens which was in pretty tough shape bec�.use of the drought, ar�d there was a pretty c,�ood screening pro�vided by the back of the garages. Mr. Parker stated that referring to stipulation #10, in looking at the survey, it appeared to him that the strip of land was �: platted road dedicated to the public for public use forever, ar�d he did not think there was any easy way of ct�ar�ging that ri�t mw. Mr. l�bertson stated he had been overly cautious in suggesting stipulation #10, a.r�d that stipulation should be rewo�. Mr. Dahlberg stated. that with respect to the fence (stipulation #7) , he agreed with the petitioner that it made sense to mt have a fence along there. A consideration that must be taken into account, however, was that a fer�ce-should be installed fran the soutta�vest corner to the r�orth, at least to the garages. Mr. Dahlberg stated tlnat regan3ing the oaitside speaker, if the Co�anission decided to change stipulation #6 to allav autside speaker usage, then they should also stipulate that the speakers mt face the apartment canplex. Mr. I�ein Pxplair�ed the building materi.als ar�d described the plans in more detail. Ms. Becky Ar�derson and Ms. Lirr7a Sar�erg were at the meeting representing Noi=thwestern Orthaped.ics. "� Ms. Ar�derson stated they had m control wer the car dealership going in on this p�perLy, but they were emrrcerned about what the busir�ess was going to loak like on the south sic�e. I�brtla�vestern Orthopedics had to go t,hrough a lot to get a�roval for their building, which was a 3-story buildi� arrl was -7- PLAI�TIl�1G m�SIDN MEETIl�. JLA,Y 27. 1988 S valued at $3/4 million. They have put wer $40, 000 just into the larr7scaping. They were vexy cor�cerned, �speccially with the other piece of lar�d in front that they own. Mr. Klein shaaed the landscape plan. They were proposing trees at appmximate 50 ft. ir�tervals along the right of�way on University Aver�ue ar�d right of-way on 83Yd Avenue. Thc-� l�ave a series of interior planting areas which wi11 basically def ir�e the circulation areas. Ms. Sarx�rg asked about the autside storage. She stated that when they lo�k at their bu�ldir�g, they do mt want to b� loaking at old wrecked cars aut in the middle of the landscapirr,�. Mr. Bartram stated he does interx3 to have a high grade def ined kir�3 of establisYanent that is attractive to their custaner base and the people in the c�rmunity. Ar.�ther use that «�uuld go in on this same praperiy without a special use pennit was a ger�eral m�charr7.ise ce�er or other uses that mi�t be far less attractive than what this facility was with some interior landscaping and a substantial landscaping barrier along the entire University Avet�ue frontage ivad. Ms. Sar�erg stated their main concern was the lar�dscapir�g arrl that the auto dealership is required to meet the same guidelin�es that the Northwestern Orthopedics was required to do. 5he stated the petitioner has shawn them the larldscaping plan, and as long as they have the assurance that the laridscapirx3 wi11 be required ur�der the guidelines of the City ar�d that the larr7scaping will be maintained, then she was sure the� would be satisfied. Ms. Linda Fisher, stated she was an attorney representing Springbrook Ag3Ytments. She stated Leon Martin, Marager of Sprirx,�rook Apartments was also in the audier�ce. She stated the Springbrook Apartment proj ect went through an extensive review process. Springbrook was a site within a redevelo�nent district, ar�d the City had very hi�i expectations for a high quality, high amenity, develognent in this area, anl the developer tried to help the City �lize those expectations. Th� retained a mmiber of experts to work on the project--hydrolagists, wetland and wildlife experts, landscape architects, er�ineers, etc. Th� held a serie.s of preappl ica tion rnighborhood meetirigs at which they presented extensive drawings showing visual iBg�act, mitigation of visual impact, ar�d other i�cts on the Nature Center. They tried to address as many cor�cerns of the Springbrook Nature C�nter as possible prior to the public hearings. Ms. Fisher stated there were over 40 co�ci.itions for the apprwal of the SpY-ir�roo]c Ap�rtrnent pivject, and the stipulations were much m4re specific than the stipulations proposed for the car dealership. The� would like this developer to be held to the �anne kirrl of perFoanar�ce starr]aids as they were. Ms. Fisher stated they �ant to be good r�eighors, ar�d i.f the develo�ment does proceeds ttaey feQ1 they can live with it; Y�wever, they do have an werall concern about t�e appropriateness of the land use. The automobile dmlershig i.s a special use which mear�s it is �ot dee�ned appropriate as a matter of ri�t a.nd the develaper has the buzden of ineeting fir�dings in the -8- x ,a �JIl�]G CDNIl+�SIDN N�,TIl�1G. Ji�,Y 27. 1988 � City Ozd.ir�ar�ce before a pennit can be issued. She stated. they have some questions as to whether those fi.r�di.rr3s can be met based on the irrEormation presented. She stated that even if the City Council deteanines that the larrl use is appropriate, they have cor�cerns about specif ic impacts of the use and how they can be mitigated arrl perfornna�e standards that can be put into irore def inite stipulations. Ms. Fisher stated they have not had an opportunity to review the latest plar� presented. at this meeting, ar�d, in their opini.on, thc-y felt there wP.re too many unanswered questions for the Planning Commission to make a reooasnendation at this time. Ms. Fisher stated they were aware the site was zor�d for caRmercial use, ar�d they were mt obj ecting to c:o�nercial use, ar�l they knew there were soQC►e uses that would be allaaed as a matter of right. Uses they thought mi.ght go on the site that would actually be amenities to-the apartment project or the future senior cit�z en pr�j ect would be various shoppirx,� center uses, grocexy store, the type of things that could set the tor�e for the redevelo�nent of the area arrl could work like a planr�ed unit develaianent. The City did assist the Sprinc�rrook pr�j ect with tax iricranent lwusir�g ar�d revernue bor�ds, so the City has an ir�terest in this area. 7.ioday, the Sprirr�rook Apartments is a very successful proj ect. � Ms. Fisher stated they question whether this is really a good site for a car dealership because of the lack of a direct access for mrtl�bour�d traffic off University Avenue. They are concerned that if the business does not succeed, there woul�. be an e�ty building and �xirking lot at the gateway to Sprin�rook AparGments. There is aleady an �npty restaurant on the south side of 83rd Avernie/University Avernie. Ms. Fisher stated they are concerned about the quality in terms of construction materials. In loQki.rr� at the elevations, there was m question that there was sane ve�y high quality fe3tures built into the proj ect, but if they ur�derstood the elevations correctly, there appeared to be plain masoruy on the west side. If tl�at is true, they would be concerned about the visual impact on Sprirx�roak Apariznents. They would like to see soane cross sections anl so�ne visual afterstudies. Springbrook was required to put brick on their structure, ax�d it was up to the City to decide whether that was required here. The west side was vezy in�ortant. Ms. Fisher stated they have mt reviewed the landscaping plan that was bef ore the Planni� CaY¢ni.ssion. It did mt appea r to be a nywhere nea r as densely planted as what was required for Sprir�xoo�c. Regaxdirx3 the privac.y fer�ce as og�posed to screening, they were not in a position to tell the petitioner what they think at this time, ar�d they would 1 ike to have soane more ir�orn�ation regardirig grades, elevations, etc. , in order to decide if screening migd�t be better achieved by evergreens, f ence, berm, etc. They were not convir,ced that the screening proposed on the plans was adequate. Ms. Fisher stated they wer+e veay co�ucerned a�ut outside storage ar�d the screening of c�rs. An issue mt yet discussed was traffic. Car sales could introduce a signif icant amount of traf f ic on 83 rd Avenue. They were -9- � Pi.A1�1IlJG �SIDN MEEPIl�. JULY 27, 198$ specifically concerned about test drives on 83rd Avernue, and would request that there be a prohibition a�irLSt any seYVice testing or test drives on 83rd Avenue, because of the safety issues involved. There were a signif icant rnnnber of young children in the a�rl�nents, argl the deal ership might mt be able to control some of the test drives. They have some cancern about the curi� cut onto 83rd Ave.nue, arid their initial reaction was that all access should be off the r�ew frontage road. Ms. Fisher stated that in obsen�ing other car lots, they have four�3 that parking often spills aut onto adjace� streets, ar�d thc� are concerned about any orr street parking that could r�sul.t on 83rd Avenue that could have a safety ar�d visual impact on S�ringbrook Agartrnents. Another significant �ncern related to mise. There was txaffic rnise, but more specifically, there was he mise ccming fmn service bays, air wrer�hes, etc. On one of the plans, there was a large overhead door pointed at the apartments, ar�d they have mt seen any studies which irrlicate that the garage structures would mitigate tl�at mise. They are in favor of a total prohi.bition of a lwd sp�ker systen. The hpurs of aperation did rmt really satisfy th�n. There were a r�rJ�r of young children on the Sprir�gbrook site. She stated at a minimiun, one way to look at this would be a study using the NR�CA noise starr7ards which would access whether or mt state mise starrlards were being satisfied }X this project. They have mt seen that study, and th� think tha t would need to be perf ormed bef ore there were any cha nge s i n the cor�ditions proposed � staff regarding the prohibition of the lo�xl speaker. Ms. Fisher stated lighting was a concern. They are concerned that the lights on the west side rnt spill onto the adjacent property and be shaded ar�d diffused downa�aYd. There was a specif ic stipulation attached to the Sprirx,�rook Apartrnent-project that actually required then to elimizate their lighting on the side that faces the Sprirx�zook Nature Center. Ms. Fisher stated they are veYy �ncerned that the use, in arxi of itself, might have rrv�egative impacts regarding evening hours of operation when residents are at hane ar�d the children are aut on the play lots. Ms. Fisher stated that, overall, the general area of concern was the stonn drair�ge/wetland issue. They retained Barton-Ashman and their wildlife/wetland experts and did extensive wildlife and wetland and drairx,�ge st�es. They rieed�d an i�ividual Corps of Engineers permit. 5he Y�ad sane que�ian as to whether this project quali.fied for a ratiorrwide peYmit, but at this poi�, they wauld mt contest that. But, they thought it was an important enough issue to warrant the Planning Commission reviewing tt�at stoan draiiage plan before acting on the special use permit. They would also be willir� to work on that plan with the developer to make sure that water is harrlled in the agpzopriate aanr�er. Ms. Fisher stated that, in stamnaxy, they had cor�cerns about the following: the appropriateness of the lar�d use, quality of materials, visual impact, the oaitside speaker systeqn, screening, lighting, arxl the stornn drainage plan. Ms. Fisher stated. she would r�te t,hat in Section 205.05.04.F there are -10- ;� �AHI�IlVG Q)N�lISSIDN MEETIl�. JiII�Y 27, 1988 vario�us f irrli�s the City Council aoist make in order to issue a special use pennit: the rature of the site, the rature of the adj oinir�g lar�d, traf f ic, other factors the City Cour�il deans appzopriate. Subsection F. lists the health, safety, ar�d welfare of occupants of surrour�ding land; effect on proerty values, Pxisting ar�d anticipated traffic issues. Ms. Fisher stated they feel it is the developer's burden to address these firnlings ar�d to denonstrate that those have been met. They question whether a c�r dealerahi.p on this site can meet those fir�dings, no matter how well intentior�ed. If the City C�uncil does mt agree with that, then they feel there should be a ram►ber of stringent perfornnance star�dards arx3 coriditions attached on any apprwal to mitigate any adverse effects. Mr. Bartaam stated he believed the stipulations the Sprin+�rook proj ect had to- meet were more related to the fact that they are right next to the Sprir�rook Nature Center to the west, ar�d that their property did contain wetlar�ds that were ur�der the direction of the Corps of Engineers who said the piece of water they have on their lar�d did not meet a� of their considerations for then to have any interest in it whatsoever, and so they issued the stan7ard permit. Mr. Bartram stated Ms. Fisher had stated she thaught a more agpzopriate use for the lar�d would be a grocery store or other shopping area. He stated that the City could wait for a vezy long time for that kir�d of develo�nent because of the C:1�b Food.s Store at Northtown ar�d another groceYy store at 85th Avernie. He c�uld urxierstar�d that with an apar�►ient canplex, it wou.ld � ideal to-have saneorn open up a light traffic soft retail aperation �xt door, but he did not kr�w that it was appropriate to deny a use of the praperiy that he thaught was a reasorable use for a canttercial area. Mr. Beizold st�ted staff ar�d c�missions have spent a lot of time talking about the upgrading of University Avenue Corridor so people have the distir�ct feeling of being in Fridley. L�tren thauqh the Cii,y needs good auto d�lers�iips, ar�d he was impressed with the plan, this was a veiy important co�er of the city ar�d they have to be careful about what goes into this small area. He stated the City has been veiy ircg�ressed with the Spri.r�rook Apar�nent p�j ect ar�d the Norttbvestern Ozthapedics Clinic, and he j ust did mt see then all as being ca�tible. Mr. BaYtram stated if a developer had aa�uired all those acres and done a planned unit develogment, then the City would have had a consistent develo�anent. Ur�fortusately, that was mt true arrl the praperties are owned by several different owners. He stated they do plan on having a fine quality facility ar�d site, nicely maintained. They were certainly n,ot designir,g a shabb,� structure. � Mr. Rondrick stated one of the most important issues Ms. Fisher had addressed was the body shap arrl the mise associated with a bc�dy shap. Mr. Bartxam stated they have designed the body shap area so that the sour�d will be substariti.ally deadened f r�n the metal working areas, which were located on the eastern side af the buildirig. He stated that at his current -11- PLAl�TIl�]G 4�NA�S.SmN �EPIl�. JULY 27, 1988 c dealexship in Brooklyn Center, they have single family residents on two sides of the building arrl pr�perty, ar�d t2iey have mt had a mise complaint in seven years. Ar�d, thc� aperate a i,wo shift sexvice degartment at that facil ity, which they would mt be doing here. He stated he f el t they were aware af these types of p�tenti.al r�oise prabiesns arx�. were taking steps to minimize the mise. Mr. Dahlberg stated one question raised by Ms. Fisher was relative to tr�ffic. Were there any starr]azds or docianents that have been pregared as ger�eral - ir�fonnation that would suggest l�w much traf f ic is generated by a c�r dealership fran the starrlpoirit of test drives, etc.? Mr. BartYam stated he did naw knaw of any particular study, but at the Broolclyn Center facility which was a high voltane facility, they service about 50-60 cars per day, and they have approximately 35-50 retail car s,happers, either fe�r �r or u�ed cars, per day. Looking at those traffic levels, that was about 10�120 c�rs per day, plus a�ployee cars. He would imagir�e a car dealership ger�erated a fairly law traffic volume c�npared to most retail establistIInents. If they had a retail grocery store or some other type of retail establisYm�ent, they wuld have as many as 100 cars per hour instead of 100 cars per day. Mr. Dahlberg asked what the freqwerx.y arr3/or �ilar delivery schedule was for r�ew vehicles caning in on trar�sports. Mr. �=tram stated they came in during workir�g haurs, generally af ter 8:30 a.m. and never after 4:00 p.m. The length of time for unloading was appro�mately 3�40 �ir�utes. I�e stated they would get approximately two trar�sports a week, naybe three, particularly with �ma7.ler import cars. Mr. Betzold stated Ms. Fisher had raised a suggested stipulation to restrict test drives on 83rd Avenue. F�w did Mr. Bartram feel about that? Mr. Bartxam st.��ed if test driv� along 83rd Ave.nue ever became a rruisance pznblen, he would be happ� to irLStruct the salespeople to take those test driyes elsewhere. He would think the mrnnal. area for test drives would be south on the frontage road. He did not think test drives would be recannerided }aack into the area of the Sprin�rook Apartments or in the irrlustrial area. Ms. Sherek stated a simple solution would be to post a sign at the de�l.ership exit saying "left tum only" or °right turn for local traffic Only °. Mr. Bartram �ted he �rcn�� mt be apposed to that. NDTIDN � Ms. Stiernk, seoonded by Mr. Kor,dri.ck, to close the public hearirag. UPQAT A VOICE VOTE, ALL VOTI,NG AYE, CHAIlZPER9DN BE�LQLD DECZARID THE PUBLIC HF�.RNG QASID AT 9:32 P. NL Mr. Barra stated he did mt think a ca.r dealership was econanically feasible �`� a PLAIVNIl�]G CDNA�IISSIDN MEE.TIl�. JULY 27, 1988 on this oorner, because of the lack of good accessibility. Mr. Saba stated he tlwught the petitioner had done a veiy good job in txyirig to- create a ni.ce looking buildirx,�. The site plan looked ni.ce, and he has been working with staff on larr7scaping arrl screening. He stated he has had his car sezviced at the Brooklyn Center facility, ar�d they c10 an autstarrlirx,� job in being a quiet rnighbor to the single family ho�nes in the area. He stated. he did mt think traffic would be a problen, ar�d he would be in favor of reoacme�r�dir�g approval af this special use penait. Ms. Sherek stated she would be co�cen�ed about the outside speaker usage. Sh� was faur blocks fYUn a car�any that uses an outside speaker. She stated there were other techmlogies for pagi� salespeople that would mt have any i�ct on the surrour�dir�g neigY�bonc��od. Sir�ce rnise could have an imp�ct on t,he residents of the Springbrook Agartrnents, she would be in favor of stipulation #6 ramaini.ng the s�ame. Ms. Sherek stated the issue of the privacy fence versus evergreens neecled to be explored further. Possibly there should be some combination of fencing/privac.y planting at the south err3 where there are no garages, but she did agree with the petitiorber that fencing tends to beco¢ne an eyesore over time. Ms. Sherek stated she did mt have a cor�cern about a new car dealership in this location. A lot of thought, planning, and money has gone into this prnposal. �en though it would be nice to have a convenier�ce store next to the apartment buildir�gs instead of a car dealership, she did not see any irappropriraten+ess to this use. Mr. Kondrick stated he agreed. His only concern was the noise in the body shap area. If that can be alleviated, he would be satisfied. He agreed with Ms. �Sherek regarding the screening. As far as an a�ropriate use for the land, what was appropriate? This was a good plan. As far as sti�wlation #10, that shauld be deleted arrl the prap�rty owr�er to the r�rth should be infos�ned as to what is happening. He would also be in favor of stipulation #6 that there be m outside speaker usage. Mr. Bartram stated it would be nice to have the availability of an outside speaker systen; but if the City Council agrees with that stipulation, he could live with it. Mr. Dah].berg stated one of the issues brought up by Ms. Fisher that hasn't be�n addressed was the finish on the west wall o� the building. He stated that wall shauld be finished to match the finish of the remainder of the building. He did mt think a painted block wall, when facing an apartment co�nplex pith three levels, was sufficient. Mr. Dahlberg stated if the landscape treatrnent was sufficient with respect to -ordirance, that was fir�e. ]atat staff should make sure tt�at the landscaping ac�eres strictly to ordi.rsnce. R�rding the autside speaker usage, they should also mt allaa the ringing of ar� bells. -13- PL�Al�TIl� CDN�IISSIDN ME�PIl�. JiII�Y 27, 1988 � Mr. Robertson stated he would advise the deletion of stipulation #10. Mr. Dahlberg stated that he was mt sure the height of the parapet wall was suf f icient to screen roof top equipqnent, so he would suggest site 1 ine studies be done to address the issue, mt with respect to just simply the view f run 83 rd. Aver�ue, but al so f n�m University Avernie a rr3 the thi rd 1 ev el of the apannent camplex. Mr. Betzold stated Ms. Fisher had also raised the point of whether the Planning Cca�¢nissioh had suf f icient inf ormation in order to make a reccennerr7ation to the City Council at this time. From what he was hearing, the Planning Catmission members sesned ready to make that rec�anerr7aton. He stated he was mt sure a car dealership was an appropriate use for this location, arrl he was mt sure he could support it, even though it was an ex,cellent plan. He realized there were other uses tl�at could go in on the pr�aperty without even having to c:ome to the City for a�n�val. NDTIDN 1� Mr. Kondrick, seconded by Mr. Dahlberg, to recommend to City Council apprtyval of special use perniit, SP #88-08, by William Bartram, per Section 205.14.01.C.2 of the Fridley City Code to allaa auta�vQbile agencies to sell or display n�v arrl/or used vehicl�s; per Section 2 05.14 . 01. C. 8 of the Fridl� City Code to allani exterior storage of materials ar�d equipment on Lot 2, Block 2, Sprirx�orook A�rtments at Northtvwn, generally located mrth of 83rd Avenue arxl west of University Avenue, with the follawing stipulations: 1. Petitioner agrees to s�ver ar�d water assessnents. 2. P�titior�r to install lar�dscaping ar�d li�ting as per City approved plan by Jur� 15, 1989. 3. Fhiplo�ee%ustaner/sexvice parking to be desigrsted by sigr�age. 4. �mplq�ee%ustaner/service parking to be striped at 10' x 18' stalls. - Dasgla� car stalls to be 9' x 18'. 5. Upon ex�nsion of the autambile dealer�hip, the petitioner is to work with the City to detennine whether or mt a permit will be r�eeded f ro�n the De�artlnent of Natural Resaur+ces a�l/or the Corps of Engineers. 6. 7. 8. There is to be m outside speaker usage. Dense privacy screening as approved by staff to be installed along the west properiy line 1� May 15, 1989. The petitioner is to sutnnit a storm drair�age plan for sta.ff apprwal pri.or to the City Council meeting. 9. A Pexforn►ance Bonl or Letter of Credit to be submitted to the City of Frid1Ey for 3�s of the building constnvction value prior to the issuance of a building penni� 10. The west r�l of the building to be architecturally the same as the - other thr�e walls of the build.ir�g. 11. Site lir�e studie� to be done to make sure t1�at all mechanical equi�nent � on the roof top is screer�ed f nan the apar�►ierit ocanplex. -14- ° , . PLAi�TIl�1G �N�SSIDN N�TIl�IG JiJI,Y 27, 8 UP�N A VOIC� VOTE, ALL VOTIl� AYE, N BE�L4LD DECLARF.D THE NDTION (��.RR.� UIVANINDUS[,Y. - Mr. Betzold stated this iten wauld go to City Couricil on August 8. 2. P°[JBLIC HEARIl�: CANSIDERATION OF A SPECIAL USE PERMIT, SP #88-09, BY - OF�!'H�DOX CHURCH OF THE R�'SURRECTIDN OF CEIR��S°I': Per Section 205.05.04 of the Fridl� City Code to allaa a church, parsorage, bell taaer and religious �ok store in an S-1, Hyde Park Neighborhood, zonir� district on Lots 27 arrl 28, Block 12, Hyc1e Park, the same being 5973 - 3Yd Street N. E. NDTIDN b� Mr. K�r�ick, sec�rrled by Ms. 5herek, to waive the reading of the fonnal publi� hearing mtice ar�d to open the public hearing. UEON A VOIC� VOTE, ALL VOTII� AYE. Q�AIRPER90N BEIZOLD DECZARED THE I+l�TION CARR� UNAN7NDUSZ,Y Ai�ID THE PCBLIC HFARIl� OPED1 AT 9:57 P.NL Ms. C�stle stated this pr�erty was located on 3rd Street, south of 60th Avernie ar�d mrth of 59th Avernie. It was located in an S-1, S�ecial Distri.ct or Hyde Park District. Churches in S-1 districts were regulated by CI�1, general office district regulations. She stated the building was currently existr�g ar�d was the forn►er Er�er� 5hed. Ms. Castle stated the petitioner was proposing to expand the building by adding an entzyway on the west side of the buildirig arrl an apse on the east side of the building. The proposed parkir�g lot does encroach about 5 feet onto city praper�y, Lot 29. This l�as been cavered by a variance. One of the stipulations staff was rec�tuner�dir�g was that the petitioner lease this portion of the propezty f�an the city. Ms. Castle �riewed the floor plan. Mr. Vladimir Q�avl�avskoy, the architect for the proj ect, stated there was ap�roximately 2, 000 sq. ft. of buildirig area. One-half of tl�at would be for sar�ctUary, and or�-half would be for adjoinirx,� uses--book store, parsonage, and }aathroan facilita.es. Ms. C�stle stated the building would be concrete block arid stucco. She stated the petitior�er has applied for several variances. Those consist of building variances and hard surface set}�ck variances. The Appeals Cat¢nission apprwed all the vari.ar�ces except the variar�ce allawing the bell tvwer in the front yaxd. The City Code does mt allaa accessory uses in the fmnt yaxd, only in the rear an,d side yard. The Appeals Comanission did discuss the use of the Uni.versity Avernie sligroff. Ri�t mw, it is on Lot 29 arr3. 20 which i� aar�ed by the City. . Mr. Barra stated two neic,�hbors in atterru�rice at the Appeals Com�anission meeting on July 19 agrned that the sl ip-of f shoul� be closed.. No one in atterr]ance at the meeting had ar� obj ection to the use of the buildi� for a church. -15- PL�I�IIJIl� CDNA�lISSIDN ME�.'I'Il�. JLII,Y 27, 1988 � Mr. Robertson stated apparently the slip-off has a long history that goes back to the teime when there were quite a few busir,esses on 3Yd Street. At the time of the widening of University Avenue, that was a co¢nprc�anise to retain access to those busir�esses on 3xd Street. Subsequently, t,here has been a cY�ar�ge in cii.y polic.y to retain Hyc'Le Park as a residenti.al district. Many of those busir�esses have been replaced by residences so the r�eed for the slip-off has been reduced.. Also, it should be pointed out that the City plans the major rer�ovation arrl upgrading of University Avenue in this section. 'I'hi.s is the urb�an denonstration oorricbr that will tak�e place r�ext spri�, - s� if the City were to abandon the sl ip-of f, the timing would be appn�priate to make a rec�mer�3ation to the City Oa�u�il riow so that could be acc�nplished next spring. Ms. Castle stated staff v�as reco�neriding approval with the following stipulations: 1. Parking situation to be revieaed in Lwo years to detennine adequacy of existing lot. 2. The church be11 shall be only rung at the beginning of each mass on - Surrlay. 3. Reuse of this building by a different church is required to apply for a special use permit. 4. A portion of Lot 29, approximately 1, 604 square feet is being leased. - fian the City at $1.00. 5. Lar�c7scaping to be iristalled as per plan by July 1, 1989. 6. A perfoanance bo� or letter of credit for 3$ of the construction value - be given to the City prior to issuance of the buildirr,� permit. 7. In.stall six ir�ch. cor�crete curbin� arour�d the entire perimeter of the ��rkingr lot inc��ding driveway opening by Nwenber 1, 1988. 8. Parkir�g lot to be sealooated arrl striped (eight spaces) by NavFSnber 1, 1988. 9. Pbsts are to be z�enwed upon irjstallation of lar�clscaping (July 1, 1989) . 10. Petitiorlex to aeia�tain site iu�¢ned�.ately b� eutting giass arrl eluniratir�g weer]s. Father Jahn Magraam stated that regarding �tipulation #1, he was worxlering if there was any coxu�ection between the two y ea r rev i c�r a nd the amount of time they would be given to lease Lot 29 for the parking. Ms. Sherek stated that was a pertinent question, because if the sl ip-of f is closc�ln tlze City will have to vacate the property ar�d. Lots 29 and 30 are going to becane available for purrhase. If the� are mt pa�rcl�ased by Father Jotui's chur�ch, then s�neone else could purchase thesn ar�d build a single -16- < * � �A�JIl�G CDN�lISSIDN N�rIl�. JLII,Y 27, 1988 family hane there. So, Father John would have to consider that if tha.t slig-off fnm University Avern�.e was closed, in order to retain the parking on Lot 29, his chus�ch mi�t have to purct�ase either Lot 29 or both Lots 29 ar�d 30 fmn the City. . Father John stated that in the event they would not be able to reach an agreenent with the City to either lmse or purchase property for parking, then they would be against having the sli�roff closed. Father Jahn stated that regarding stipulation #2, he would suggest the wordir�g be changed that the church bells be rung only for sezvices ar� special occasions. Th� do have ar�re than on,e seYVice on a Sur�day, ar�d they c10 have sexvices sanet�s on a Satu�7ay, perhaps twice a month. Father Jahn stated tY�at regarding stipulation #4, he was askir�g the City to consider a 10 year lease for parkirig. The previous petitioner was given 3 years. - Mr. Betzold stated the Cai¢nission could certainly reca�¢nend that amount of tiide to the City Cour�cil, ar�d then tt�at could be r�gotiated with the City Cour�cil. Father Jahn stated that he questioned Nov. 1, 1989, in stipulation #8 for the dmdline for the sealcoating and striping for the parking lot. They will be closing on the pxvperiy in Septenber, ar�d that might r�t give them emugh time. Could tY�at deadlir�e be extended? Mr. Betzold stated. that if the getitioner had problems meeting that deadlir�e, he could request that the City Couricil exterrl the deadlir�e. Mr. Dahlberg asked what the function of the parsorage would be• Father Jahn stated it would be living quarters for either himself or a sister: They currently have a priest's resider�ce in Frid1eY. so this would be additioral living quarters. Mr. Chahwska� stated that approximately one-faurth of the building (approx. 250 sq. ft. ) wauld be the �rsorsge area. NDTIDN k� Mr. Saba, secbrr3ed bY Ms• Sherek. to close the �blic hearing. UP�N A VOICE VOTE, ALL VOTIl� AYE, C[�A�ER90N BEIZQLD DEQ,ARED THE P(�LIC HEARIl�G QASID AT 10:47 P.NL Mr. Barra stated he v�anted to again point out that the neighbors at the Ag�eals Cananission meeting seened quit� 1�aPp� with the proposal and were rnt opposed to the church. Mr. Saba stated he had m problans with the praposal. It seaned like a good plan for the use of a currently urnised facility. He would be in favor of reca�mer,ding approval of the special use pennit.- -17- PL1�1I�Il�IIlVG mNA�lISSIDN N�E.TIl�1G. JLII�Y 27, 1988 Mr. D�hlberg stated he l�ad or�e major cor�cern about the project as proposed with respect to the building functioning also as a place of residence for a priest or a sister. He tlmught it was lacking fran the star�point of what the� mi�t classify as a mi.nim�an raquirenent for Y�ausing of an individual. City ordirance irrlicates tl�at the snallest allaaabl'e square footage for a resider�ce in a multiple c'haelli� district (the least restrictive) was 425 eq. ft. In an R-1 district, that would be 768 sq. ft. He personally felt that pbrtion of the buildir�g that was going to be -util iz ed f or a residence shauld be separated frmn the rest of the use of the building ar�d shauld meet the minimiun starx]ards (425 sq. f t. , or ariy other siz e the Planning Catmissian or City Council deened appYOpriatel. Just fram the starrlpoint of the organization and the layout of the pr�rject, Ybe did mt feel cbmfortable that it meets minimtan starr7azds or minim�an requiranents. Mr. Robertson stated he could ask for a deternniration fran Darrel Qark, the Chief Building Official. There is a kitchen area and a bathrocen area adjacent to the sleeping room. When a facility is provided in a large building for a watchperson, �for example, he did not know how that deternniration was �de. Mr. Barra stated i�r. CZark did mt seen to have a problem with this, and he did mt ei ther, f ram the staa�dpoirlt that the enti re 2, 0 0 0 sq . f t. wa s the reside�e ar,d m�re than meets the 1�1 code. - - Mr. Dahlberg stated he did not think the issue was that this was a resider�ce. This is mt a resider�ce. They are apprwir�g a cr�ar�e in use for this building to a churGh. They ar� mt sayirig this is a residence that can be used as a church. If they are goirag have multiple uses within a given structure, then the�e should be a definite separation between those uses. Mr. Rabertson stated ttiat was an interpretation of the Building Code that would have to be made, and he would bring this question to Darrel Clark, C�iief Building Official ani staff representative to the Appeals Consnission. Ms. Sherek stated there r�eeded to be an opinion before this goes to City Cour�cil . Mr. Uahlberg stated there must be a detenni.ration ar�d an apimn rendered by staff relative to the buildir�g oode as well as the city ordirnce. NDTIDN by Mr. Dahlberg. secorrled by Ms. Sherek. to reco�errl to City Council approzral of special use pernnit, SP #88-09, by the Orthodox Church of the Resurrection of Christ, per S�tion 2 05. 05. 04 of the Fridl ey City Code to allow a church, parsorage, bell tawer, anl religious book store in an S-1, HYde Park NeigY�borhood, zoning district on Lots 27 arx3 28, Block 12, Hyde Park, the same being 5973 - 3rd Streete N.E., with the following stipulations: - - 1. Parking situation to be revic�ved in Lwo ymrs to deteiznine adequacy of - existing lot. 2• '1'he church bells st�all be rung only for services. 3• Reuse of this buildir�g by a different church is required to apply for a -18- � PLAI�Il�TIl� mNA2ISSIDN MEB.TIl�. JtJLY 27. 1988 sp�cial use pennit. 4. A portion of I�ot 29, a�ro�cimately 1,604 square feet, is being leased - fran the City at $1.00 per year as long as the special use peanit is in effect. - 5. Iar�dscaping to be iristalled as per plan by July 1, 1989. 6. A perfonnar�ce borr3. or letter of creclit for 3� of the construction value be given to the City prior to issuar�ce of the building peYmit. 7. Install six irrh ooncrete curbing around the entire perimeter of the -�rking lot including driveway openirr3 bY Nov'ember 1, 1988. 8. Parking lot to be sealwated arid striped (ei�it sp�aces ) by November 1, - 1988. 9. Posts are to be ranwed upon installation of lar�dscapir�g (July 1, 1989 ). 10. Petitioner to maintain site i�nediately, ugon the closing on the _ Pm'PerLY� b� cutting gYass arrl elimiratir� weeds. 11. If this facility is to be used also as a resider�ce, it should meet the - aPP�Pri.ate mininnun codes, oYdiiar�ces. ar�d starr7axds. UL�N A VOICE VOTE. ALL VOTIl� AYE. CHAIRPFI�N BEZZ�,D DECZARID THE NDT�N (T.RRIED UNANIl�DUSLY. NlJTIDN by Mr. Barra, secon+ded by Ms. Sherek, to recommend that the City Council look�into the possibility of closing the slip-oft at University Avernue/3rd Street between 59th and 60th Aver�ues. UI�N A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER.SON BE�Z9� DECLARID THE Nt�TION CARR� U1�TIl�DUSLY. 3. RECEIVE THE HUMAN RE90URC�S CDNAUSSIDN V�ARKPLP,N FOR 1988-89: NDTmN b� Ms. Sherek. secor�ded Y� MY'. Saba, to receive the 1988-1989 Human Resources CaR¢nission Workplan ar�d rec�ener�d aPProval to the City Council. LTi�N A VOICE VOTE, ALL VOTll� AYE, Q�AIRPEI�N BIIZqLD DECZARED THE NDTION (�R,R� U1�TIlK�USLY. 4. R�'�CE1VE N�,Y 17, 1988, JOIl�Ti' IIW Il�1� 4��/�Y ��SIDN MIN[PI'F.S: NDTIDN by Mr. Saba, secorri.ed lx Mr. Dahl�rg, to receive the May 17. 1988, Joint Envin�rmental Quality/Er�er�"Ca�►ission mirnites. IJFUN A VOICE VOTE, ALL VOTIl� AYE. Q�AIRPER9�N BEIZOLD DECLARID THE NDTI(JN CI�RR� UNANIl�DUSLY. 5. RECEIV E JUl� 2. 19 88. HUN�N RF�OURCF-S QJNIl�lISS IDN MIl�I[PI'F5 : NDTIDN by Ms. Sherek, �� MY'. ��• ��eive the Ju�e 2, 1988, g�.mia,n Resources Ca�anission mirnites. - -19- PLA1�ilIl�1G Q�I+�lISSIDN MEEPIlVG, Ji7LY 27, 1988 U1�N A VOICE VOTE, ALL VOT71� AYE, Q�AIRPER.90N BE�L9LD DEC�ARID THE NDTmN C�ItR� UNANIl�DUSLY. 6. RDCEIVE JUI� 6, 1988, PARIGS & RECREATIDN OJN�lISSIDN MIlVtT.�S: NDTIDN by Mr. KQr�dzick, seoor�decl }X Ms. Sherek, to receive the June 6, 1988, Paxks & Recreation Crnmission mirnites. - iJ1�N A VOICE VOr!'E, ALL VOTIl� AYE, c�tAr�p'F'R�N BE�QLD DECLARID THE NDTIDN C�IRRIF� UNANIl�DUS[,Y. 7. RECEIVE JLTNE 9. 1988, fDUSIl� & RF�D�IIIOPN�Tr AV�I�RITY MIl�lUrES: Nt7I'IDN by Mr. Barra, secorrled by l�is. Sherek,, to receive the June 9, 1988, Housirx� & R,e�%velognent Authority mirnites. U1�N A VOICE VOTE, Ai,I, VOTIl� AYE, CHA�E�90N BEZZpLD DECLARID THE NDTION CARRIED UNANIlvDUSZ,Y. 8. RECEIVE JUNE 21, 1988, JOIl�1'I' E1Vi1IRU��ENPAL QUALITY/ENERGY COMMISSION MIlVCFI`FS: NDTIDN by Mr. Salaa, �r�ded by Nir. Dahlber,g, to receive the June 21, 1988, Joirit Envizormental Q uality/Er�erc� � Cannission miuutes. UEDN A VOIC� VOTE, Ai,i, VOTIl� AYE, �HAIl2PER90N gE�'Lp1,D DECC,ARID THE NDTION C�.RRIFD UNANIl�DUSLY. 9. RECEIVE Ji]NE 28, 1988, APPEALS CDN�IISSIDN M:II�UTES: NDTIDN by Mr. Barrs, se�or�,ed b�, N�-, Saba, to receive the June 28, 1988, Appeals CcnIInission mirnites. - UL�N A VOIC� VOTE, p,i,L VOTIl� AYE, Q�AIRPEgSpN gEI�LqLD DECLARID THE NDTIIJN c�RUr�n �Il�DUSLY. 10. REC'E1VE J[JLY 19. 1988, APPEALS Q�NA�ISSIDN MIlVUTES: NDTIDN by Mr. Barna,. seoor�ded }�, Ms. Shernk, t� rece�ve the July 19 , 19 8 8, Appeals Caaanission mi�utes. - UL�N A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER.qpN gE�qr,D DECLARID THE NDTION CAR,R� UNANIl�DUS�Y. 11. OTHER BUS IlVFSS : a. City Cauncil Upclate Mr. Rc�bertson gave a�eport of the actions taken at the July 2 5 th Ci ty Caur�cil meetir�g. 1�U70iJF�TI': -20- � � e i i�,�VIl�T (DNA�lISSIDN P�rIl�. JiII,Y 27, 1988 M7I'IDN 1� Mr. Kor�drick, seoorided by Mr. Dahlberg, to adj ourn the meeting. Upon a voice-vote, all voting aye, Cha�.rperson Betzold declared the July 27, 1988, Planning CaRmission meeting adjortirned at 11:08 p.m. Respectfully sulamitted, I�ru�e Saba Rc:c�ordirr,� Secretaxy -21- i ' ° ' � �� ' -; ��£ STAFF REPORT APPEALS DATE: August 2, 1988 (variance) CITYOF PLANWNG COMMISSION DATE: august to, �9ss FRlDLEY CITY COUNCIL DATE REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO ADOPTED LAND USE COMPATIBIUTY WITH ADJACENT USES 8� SERVIC ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATIOI PLANNING COMMISSION RECOMMENDATIO� � s � :y� cinroF FRlDLEY PLANNING DIVISION MEMORANDUM . _ �: Jock Rabertson. Cam�minity Develognent Director Plannir�g Oa�mission Menbers F'l�M: Rathlyn C�stle, Plannir�g Assistant DATE: August 3, 1988 �Il�: Special Use Permit, SP #88-10, Thates Kallroos B�ckgr�our�d , The petitioner, Thomas Rallrnos, is requesting a special use permit be granted to allow the construction of a third accessory building at 1466 Ornr,dayd Street N.E. This building would be used for storage of a boat, bikes, snok�nobile, lawn furniture and mowers. Mr. Kallroos will also relocate his wood hot�by shop fx�oan the house's basement to this accessozy buildirig due to his family's allezgies. Plaruiirx� CbnsideratiorLs Ziie Appe�ls Co�►ission approved two variances which are related to this request. These were: 1. 4b allaa the total floor area aF all accessory buildirx3s to e�aceed 1,400 square feet (1.868 equare feet). 2. Tb ir�crease the equare footage o� an accessozy buildir�g f ztm l, 000 square feet to 1,196 square feet. This proposal cloes mt violate any other zoning regulations in I�1, Single Family Dwelling district. RecaRmerr3ation Staff reco�nerr3s approval of the special use permit with the follvwing stipulations: 1. �is aecessoYy building is mt to be used for autcn�bile storage. 2. 4here is to be m ac;cess fzam the accessoxy buildir�g to Onorx3aga Street � N. E. 3. The design of building is to be architecturally compatible with the %ause. RC/dn Nt88-191 lA �' CITY OF FRIDLEY 6431 UNIVEpSITY AVE. N.E. �,FAIDLEY, �N 6bsaz SPECIAL USE PERMIT SP ��-/��B (612)b71-3460 " � �� s�c�w osE �sr r� �' I d� ��r �� 9 a- 3� �� m�� : 1 :. �, �, .. , , .. PROPERTY INFORMATION Pxo�� Au�ss / y� � QND �l/�Al�� 7,' LFI;AL DFSCRIF��3N� 7}�rc, (�j�S� � � � � � �� s � � �v o 1 a � PRFSII�T ZONIlV� K-� AQtEAGE 36 d�,i< '(�11�, %� ,�s � � SPECIAL USE PERMIT BEIlJG APPLIED FOR: -S�0 /e�4 b� ��l I� �/1 �1 �� e�� 1 .n/ .�, r _, �. � t� ,- - - n. .,w . __ . / Qll ��' �i►li Lvl�lr � � � � � �� ClRiif'►`! �4N.Oiw� • SDCTION OF �iE mDE: * * * �r * * � * * �t * * * * * * * � * � � �t * * * * � * � * * * * * � * * * * * � ,� OWNER INFORMATION t�r� �N o/`'I A S � kii� L G!�D o S pxor� � 6- .. �wn�FSS / y 6� o�il a �v_D•q la� �-T' � V83 • � V� � ��► ******�,�**�***:*��*�*�*****�************** PETITIONER INFORMATION �� s � szcr�vx� nA� �*��**�**,�#***��***��****�*****��*�****�** �nac ao��ssmN: �,r�a� n�� nA� c��r awr�: �aza� nnJ�n np,� , STIFULATIDNS: � ^ �Y , . .� � _._ -. - - _ � _ _ . _ � � a �C P[lBLIC HFARING BE�RE Zf� PL�Al�Il�1ING mNA�lISSIDN I�tice is hereby given that there will be a Public Hearing of the Planning Cce�mission of the City of Fridley at the mNIl�iJNITY IDU(�,TZDN CII�TTER, 6085 - 7TH SrREET N.E. on Wednesday, August 10, 1988 at 7:30 p.m. for the purpose of : Consideration of a Special Use Permit, SP #88-10, by Z��as Kallroos, per Section 205.07.01.C.1 of the Fridley City Code, to allaa a thi�l accessoiy buildir� on Lot 22, except the west 85 feet, Auditor's Subdivision No. 129, the same being 1466 Omndaga Street N.E. Any ar�d all persons desiring to be l�aard shall be given an apportunity at the al�ove stated time and place. DONALD BE'�IALD Q� Pl�Ai�Il�TIlVG QJN�lI.SSIDN Publish: July 27, 1988 August 3, 1988 At�y questions related to this itan may be refexred to the Fridley Caaanunity Develo��ent Department, 571-3450. SP ��88-10 Thomas Kallroos City Council Members Planning Commission Chair Susanne Darsow 7395 Hayes Street N.E. Fridley, MN 55432 William Rankin 7385 Hayes Street N.E. Fridley, MN 55432 Thomas Fanery 1465 Onondaga Street N.E. Fridley, MN 55432 Bruce Sommer 7.420 Bacon Drive N.E. Fridley, MN 55432 John Westby 1467 Onondaga Street N.E. Fridley, MN 55432 Doug Becklin 1405 Onondaga Street N.E. Fridley, MN 55432 Hung B. Tran C. V. Thwong 1425 Onondaga Street N.E. Fridley, MN 55432 Danny Moon 7343 Hayes Street N.E. Fridley, MN 55432 Keith Osland 7345 Hayes Street N.E. Fridley, MN 55432 Arthur Seger 1401 - 73rd Avenue N.E. Fridley, MN 55432 Thomas Kallroos 1466 Onondaga Street N.E. Fridley, MN 55432 Planning 7/22f gg Council MAILING LIST Leonard Hjort 1434 Onondaga Street N.E. Fridley, MN 55432 Gary Reshetar 4707 Lyndale Avenue North Minneapolis, MN 55430 Gary Reshetar 1441 - 73rd Avenue N.E. Fridley, MN 55432 Steven Saba 1470 Onondaga Street N.E. Fridley, MN 55432 Thomas Cebula 1461 - 73rd Avenue N.E. Fridley, MN 55432 George Hanson 1476 Onondaga Street N.E. Fridley, MN 55432 Clarence Gunn 1475 - 73rd Avenue N.E. Fridley, MN 55432 James Hinrichs 7355 Hayes Street N.E. Fridley, MN 55432 Kevin Ferdelman 7371 Hayes Street N.E. Fridley, MN 55432 Francis Bourgeois 1483 Onondaga Street N.E. Fridley, MN 55432 John Leslie 1473 Onondaga Street N.E. Fridley, MN 55432 Jerome Pietrini 1469 Onondaga Street N.E. Fridley, MN 55432 Deryle Schliep 1482 Onondaga Street N.E. Fridley, MN 55432 1D , � � 1' � !� �r �� SP �88-10 Thomas Rallroos - r - , � �. -._- � -r- � �� .� i � � - ; �- ��rst � rr b �i t � � i � , ,i - .i /� �,� � �// (a��;� �. � > > �,� � �°� t l� �' y ` 1(� ' �" gj a _- .;� ' � / �1 ' � f • � �3 • � f�"i �= _.'��' �-'Jr ' � • - � �'� �. L � /. � � L�� 1(� �� l :t:�� 6¢ ;a..�.= _ �, � g p�, 4.� . �,�,; 3 C� �''_ � !� � � a _ W `s � ,a, . � � � �� Q �' �.9 � � - - -`� �t� � = s- � � �i � �aw rz � kar� � .�►� lh.� so �� (� � �p �.�+r IRIVE a • �rr-mr�-_-- u�r- ��—. — — st � _ .... ... . � . • p l� I'ap, ITOR' � � ` .,. !, `f- -' �� YL .'-' -e �I jy�_. ��)� �,� J� . �3 � � � �, "►'.• A1�/M// � t ` , �! %/�i/'iy •i ; ' -s�,. . - . A�irr � .� 2 .� _ 9 !�� 1. _ -, �;,y� �� W �D r � 7 � _ . R�- ��, ' ;,�,� j t�. {� _ z ,23 >. �.; ,�. - :� _ �: �.�._ . � . . '� �� J • ' A � .. ~ � . �1 �'M . . " 'S. ,. � ' ;� � „ ��a� � ¢ . 4 - . �. - : :�' �' � 10°� ''�'.�1.- � : : ,. � `.,� .:i: e �. � ; ,� .. .�,. � , � � ....��'� � . d . 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'- ��'�'I ? �� ) `-� : � : j : . : �, � � - . • 4 d ,. - � �- � ON r � GA � � � - STR EE�' �-- : � . .. , ' �, � � . s lT �� T/ l� �� .Q. u3?��% • • o !f� . /�o � C�'t �, (1�%* aM Z A+� � �35 6D VI ON �,� � ��.° �i � J/ ' � p �. -- �3re)�� ' !�i'r p°'°> �iw � � 13fo � Ihtl 24 26 28 �.�.. , s 2 �� . ° ,e'-'. � � �v � rvt _ - i �:Y�, � � .� , � s Z �, t 'T ` - � -- =x* . � �ra.ayA►t - . - � �. ; ! - ` ' �- � ��I�r , i � �_- .., .. , '�'Ia�' • . � . - • �. . c ��. -�- -_ �� •� , A �- �,,;,� . � . �> � 2 � _Q�i 27 29 �' c� -- F- .�� . . ✓ _` ` �0 3 n � '� �;� - . � �h � �� vj � ,� .^ � '.�. ;� � t � � ,�,9 .t,:* �_ � -'t . � _ � `+:. • � - , � � . � L4CATION MAP IB v a � /. / / .� 4� T; __ _'_ � � • �A � e � • • • �� / � � ♦ • • • • • �• � RQp�.. .�. • • • � • � • , � � � �• � • •�. • . . �RTO • ��*�; � '•' •�• -at� �Z • • � I ER ' % / _. :� i / a 1� !� SP �88—]0 Thomas Kallroos � ,• � . . � � A ��•�•A��s1 �� a �: s � �'1 EPaR � �� 1� j. ` , �' tA � �Q - 1! �p < � �� _ � �2 6 16 �T . 4 . ° � IS • �6LH UE '� �,_ �o �� L! a� o,` � � '° 6 $ �� '.�` m� ` J'° p:. "„ � D �9 4 iz ia p � � ,� � s 1 ��,., .�,.� zo '� 1 i, 0 z �. -�.1 _ � j � 1 21 3 �f ��/�.J � �'..4 � � D I, Q ; /2 // � � a j ' 7'►+ cvEy'�E N E w E � '� L (/N!1 i/ � � � � • • �i�' 4 / I � 1 t 3 � • ' ACRES' ' � s FL A RY � �:9 � ' M 4 /� � � �•}.'l.� i s '� �. tv ,e� � i3 � � , � i _�� s %'s � 6 • 4 ��J N 7 �� 6 � ,, � z � „� s K —_� 7 T�} j i 2 ! b c�s ��P� C:� r � ' 1O � B �9 9 . , �'1'�m' � j� ,�/�j�/',� ' � � -� uf 2? 2s 2L j� �.�� .• }' ;; ND / c�N�� z , 4 - - � , _ ., , ,� � = ,` ti � ;•2' •l•' • � . . . . . . . . � ��..}•' •i • � . � � EST/QT �' �f �• a� B'�s, .•3: W........ � ,� Q • :�•��•�:�� _ . �' E� . ��- _ ��r_�_�_�_�_� • � c � N� � .�. ' e . / ',/,//� � / ZONING MAP 1F 9 r SP �88-]0 Thomas Kallroos �{iMM[►IM C01lMTr .�R��.. L A ND S UR VL� YORS MIMN[AIOLI/ fYRYtr� . ��p rAIM �TI�t[T N. MI. ■[OI�TtN[O NNO[I� LAWi OR aTATt 0/ MINNt�OTA lYN�[� �•7�65 LIC[NiED �r 01101NANG[ OF CITr Or MINN[APOLI/ °�~�� 02 UPPER MIOWE3T BUILDING — 33B-87Zf . ' �«ousTwu� - luo�uw� NENNEPIN AT FIFTM '— ' MINNEAPOLIS. MINN. S64Cf .,,.,��.. � 'TO►OORA►MICAL �„rocPor�� (ccr�ticac� CRr �oTS -��wrnMa p N 0 N D� i� R 5 T i�/��. i3RONSON ERICKSON r Ft a ,.�1� 84 ' ' � ��- � . . . � � . � ec i ' t � ; � � . n � �` ` I� � o ' 1 � � �z5�� /0 .`�� .._ __ �`�, • 4� _ �18.� � C. F. 9ANDN CIVIL ENOIMI is��nMSO � JAMES NELt Supvsrop •sT��uiMO � METROPOLITAN 6YRY�rON�, s�tw�� 304--6� --- I NV. • " � +� � A+ I S .F . ��. � . Q °' ' 'e�E HEREDY �ERi I FX 7 .,r. ;��4 .• _;' m�45 TH 1 S 1 S A TRUE AND _ * � n, PLAT �OF A SURVEY Q�A "-\,� � to � ,9.5• • io US OF LOT..�2Z EXCEPT � ;� ,� � W E ST 85. 00 F E ET � AU �� /� ' ; SUBDIVISION NUMBER �`a �'"� '!w _ o ANOKA COUNTY� M I NPJE ,I _ THIS 24TH DAY OF NC � �,�� + � ' 1970. ' � � , +� � :;�� . ��: � �� 1 � . t ;. � O- � �S . • . Jr i � ' � _ ^.1 . - -- • � ..�- . .�, z �� -, --- .� : �= � � �- '�;� �r- do _ �rio / G'_ C� �� l �� o �r ��-� . G�.�.�c �.�r�� " �s��.,, flfiNtD � '�• � ' _. .�.�..� . _ • M�. S ITE PLA N iG a . , CIl'Y OF FRmLEY � I�JUSIl� & g�FyFi,ppl�g�Tt� AU�3�R17.'Y Nl�UTFS. J�Y 14, 1988 CALL ZO O�ER: Chairperson Commers called the July 14, 1988, Housing & Redevelopment Authority meeting to order at 7:12 p.m. 1�LL CAi�L: Manbers Present: Lany Catmers, Virgini.a SchnabPl, Duar�e Prairie John Meyer. Walter l�ismussen Mecibers Absent: None Others Present: Jock Robertson, bcecutive Director of HIZA J9m Hi11, Acting City Marager Julie Burt, Asst. Firsnce Officer Samantha Ordum, Mar�agenent Assistant Uave NeHatan. HRA Attorr�y Jim C�sserly, 215 S. 11th Street, Suite 200, Mpls. Dennis Rens, Superiritendent of Scht�ols Gordon Sarx,�ster, School BoaYd - District 14 Lou & June Lur�dgren, 343 Kellogg B1vd. , St. Paul Joe Qc�mers. The C,cnmers Cat�nY Bruce Lur�dgren, Security Develolznent CorP. Dewey Johnson. Securii.y Develognent Corp. Bruce Peterson, Security Devela�roent Corp. paul Stxother, 7520 Market Place Drive, E]d.en Prairie Ken Bureau, Rosewood Corporation Dave Et�ibson, 7545 Office Ridge Circle, Eiden Prairie William Fogeriy, 12340 &idisson 1�1. , Blair�e CheYyl Stinski, 1614 Berne Circle Margery Fehling, 1314 Maiquette Ron Christenson, Bossard.t Ct�rister�son David Kroos, Boaanan & Associates APP1mVAL OF JUl� 9, 1988, I�USIl� & RIDEVIIAPN�TP AUI�JJRITY MIl�IUI'FS: NDTmN by Mr. l�snussen, sec:orr3ed Y� Ms. Schnabel, to approve the June 9, 1988, Housirig & Redevelagnent Authority miraites as written. UPDN A VOICE VOTE, ALL VOTING AYE, CHAIRPIIZSON CDNY��lERS DE2� THE NDTIIJN C�.•RRIED UNANIl�DUS[,Y. 1. TAX Il�TC� DISTRICTS/SCgDOL LFVg'.S: Mr. Nc�anen stated he wanted to mte for the record that both he ar.�d Mr. Prairie would rnt be participating in any discussion due tfl a conflict of iritez�est. Mr. lmbertson statec� thatc the 1988 session of the Legislature passed an amer�dment to the tax law which essentially allows for a mechanism for school -1- HDUSIlVG & RIDE�iIIOPN�TP Aifl'f�RITY MEEPIlVG. J[A,Y 14,__1988 districts to r�c.ro�ver the ex�cess tax ir�crement in tax ir�cranent d.istricts if the school district has raised its mill levy through a referer�dinn-after the borr]s have been sold. Essentially, the purpose of that is at the time an HRA sells bomis for a tax i��nent district, they pr�j ect aut the ir�crenent using the present mill rate. If the school district then subsequently raises the mill rate for other reasons, the ARA is essentially collecting extra tax revernie they did mt ori.girally foresee they were going to get. Therefore, if both the School Board and the City Council, through rnsolution, agree to that refur�d, then that is possible. �e law is silent on the timir�g of when that occurs. A conservative readirx,� of the law would irrlicate that it would be an anr�ual type af refur�d. Mr. Faabertson stated he has reviewed this and believes that the potential exposure on this for the HRA would be samething in the neighborhood of $100, 000-200, 000, deper�ding on which districts essenti.ally agreed with the City Cour�il, ar�d the City Cour�cil had also agreed. The potential for the school districts was as follows: School District 11 - $ 10,000 Sch�ool District 13 - 33, 000 Sch�ool District 14 - 115,000 School District 16 - 43,000 Mr. Fbbertson stated the HRA had received a response he had requested f rcan James O'Meara of Briggs & Morgan, the HRA bond attorney, dated July 13, 1988, in which Mr. 0'Meara had stated: ".. . sa�e care must be taken to avoid impairirx,� the 'contract' that exists with the bond holders concerning the pay�ent of the respective c�bligations frccn the tax increment. The limited revemie mte would be af particular concern here, but care r�eeas to be taken with the City's general obligation ta,x incrsnent issues as well." Mr. RaUertson stated Mr. 0'Meara had also stated he would be hap� to assist the City and the HRA in assembling ar�d reviewing that info=mation and deteanining what obligations or p�ssibilities exist in this re�Yd. Mr. Rabertson stated he had also talked with Julie Burt, Asst. Finance Officer, ar�d she is in the pYOCess of directir�g about a one-month analysis of the HRA's obligations on paying those bortis. Dr. Denni.s Rens stated Mr. l�obertson had very clearly ar�d succinctly defined the amerr7ment to the statute tl�at affects this issu�e. School District 14 is approaching the HRA ar�d askir�g for the HRA's support as they approach the CiLy Council on this issue. �e Sct�ool District wauld like to gain access to those revernies, because it is important to the School District in terms of the long rarige budget arrl in tenns of �intaining programs for students, ar�d, hopefully, in imprwing progYams for students. Z�ic� are also cuYrently involved in discussions with Sprir�g Lake Park arid Colianbia Heights arid St. Anttiony in teans of how they might aeerge sane of their resources and do a better job of praviding �tions for students. Z�ey have been through a two year process in developing a study designed to allvw them to do that effectively, a.nd they have mt been able to �mplement that study currently -2- Ii�USIlVG & 12IDEVIIOPN�TP AU1�DRITY N�ETIl�I/G, JZII,Y 14� 1988 because of lack of fur�ding without negatively impacting prpgrams for students. They also see accessir�g these funds as an opportunity to do that. So, the� are nequestir�g the HRA's support because the School District feels this has inanediate and some long range implications for the schools in Fridlc�, as we11 as Spring Lak�e Park ar�d Coltanbi.a Height�. Mr.� Caners asked what the timing was for the School District in approaching the City Cour�cil with this requ,est. Mr. l�abertson stated it was his reaction that they have to have the arslysis clor�e before that timir�g can be set. The City Council will ask questions abaut what the f irancial im�lications are, ar�d the staf f d�oes rnt have those answers yet. N1r. Gordon Sangster stated this levy applies only to the refererx7.um money which was passed subsequent to the time the bor�ds were issued. It should be pointed aut that the wY�ole school mill levy, particularly the part that is state- i�osed, has contirnied to increase v�rer the years and the additional revenues due to tha t are mt af f ected. Mr. C�sserly stated the State Legislature has posed an additional problem for the City, arrl that is the img�ct af eliminating homestead credits arncl haw it is being pulled into local goverrnnent aids. What citi� are startirig to fir�d is they Aey, in fact, have substantial deficiencies in tax ir�crenent districts. He thought the Legislature was �ing to have to correct some of these problems in the r�ext session. Mr. F�abertson stated the HRA will pmba.bly need to retain the services of Mr. O'Meara in oYder to do the ar�alysis, airl he would like authorization to do- that. Mr. Cce�mers stated it was the general concensus of the HRA to obtain the services of Mr. O'Meara to proceed with the ar�alysis of the HRA's position with this issue. Hopefully, thc-� will have more irlforniation by the rnxt HIZA meeting ar�d will be able to arrive at sane kir�d of decision. 2. Q�NSIDERATItJN OF I�U LUI�IDGRII�T PR�FOSAL: Mr. Newman stated that at the last meeting, the HRA authorized an additioral 30 day exterLSion on Mr. Lwx7.gren's letter of credit. That extension was received in a timely fashion, and the letter of credit has been exter�ded to July 26. Mr. Lundgren stated he had a meeting corrfianed for Monday, July 18, at 10:00 a.m. in his office which will be attended by Bob O'Brian, President of Centennial Mortgage, Teny Chuvala, Chief Ur�dexwriter, Mr. Jensen, President of The Bank of Springfield, ar�d himself. He stated this was a meeting that was pranised for last Tuesday, ar�d which he had been led to believe would have been held a week prior to that. At this meeting, they will know the rnunber that can be acccanplished u�r3er the first mortgage, and he believed that within two days of July 18, they will be able to produce all the fundi.� for the first phase. As far as he la�ew, they were rnt talkirx,� about ar� different a deal than what has been previously discussed. He stated things look good, but it is going to take tiaue. -3- Ii�IISIl�1G & RID�]JELOPN� AiT�HJR'C't'X N�TIl�. Ji�,Y 14, 1988 - r. Mr. Me�er stated tt�at if tlze letter of credit expires on July 26, does this n�ean the HRA has to have a�eci.al meeting? -- Mr. Newman stated that once Mr. Lurx3gren has a specif ic proposal put together, it would be his recoa�►eridation that the HRA call a special meeting. In light of the histozy of this proj ect, if there was to be amther extension grarited, the HRA should look at what is being proposed, rather than deferring it t�o staff. Mr. Me�er stated he wauld be in favor of a special meeting, assiuning there was some valid pxogress at the �eeting on Nbrr]ay with Centennial Mortgage. Mr. Rd�ertson stated that staff had irr7.icated to the HRA pr�eviously that the HRA mi�t want to meet jointly with the City Council on July 25 to review the reccxcmer�dations from the architects and engir�eers on the plaza ramp construction arrl civic center remodeling. Or, the HRA coud defer it to their regular August 11 meeting. If they did wish to meet jointly with the City Council on July 25, they could also take this matter up at that tsme. Mr. Canners stated that if Mr. Luridgren d�oes make a proposal after the July 18th ntieeting, would staf f have enough time to analyz e thi s proposal to detennine whether it v�ras fmsible for the HRA to consider on July 25, or should they wait until the August meetir�? Mr. N�n stated staff should be able to have an aralysis put together by July 25. Staff shauld be able to give the HRA a general sense of what is going on ar�d a general flavor of what is being proposed by July 25. Mr. Prairie ar�l Ms. Schnabel stated they would rmt be able to attend a special meeting on July 25. Mr. Ca�mers stated thc� siwuld prob�ably get an extension on the letter of credit past the August 11 meeting. If Mr. Lundgren has a fiYm proposal before then, the HRA could address it on July 25th, but if there is no quonan, it could be taken up at the August meeting. Mr. Lundgren stated he had m problem in getting the letter of credit exter�ded for amther 30 days, but he did mt warit to cause any m�re pxnblans or add any m�re extra meetings than was r�ecessaYy; however, thegr are in a time birid arrl expect to have sane inf ormation for the HRA af ter Monday' s meeting. Mr. Nev�man stated that f rom staf f' s perspective, he had a problan with granting an automatic 30 day extension. Staff has r�t seen a�thing different fn�n last month. �c� have already granted one extension. When they set up the origiral 90 day period, they did so af ter talking to the peaple fYtxn Centenni.al wlm were veiy adamant they could do this within the �0 days, ar�d mw it has been granted an exter�ion for an additiorsl 30 days. In light of wha� has trarLSpired with this pivject, it was his feeling they slwuld be isnposing the gequirement to see something signif icant before grantir�g amther e�xter�sion. - -4- IDUSIl� & 1tIDF7JF3�OPN�TP AVI'EDRITY MEE�TIl�. Ji�Y 14, 1988 Nir. Ccxm�rs stated he had m problen with tt�at, except the pro�bl�n that it was possible there would mt be a qu�n�► of HI2A menbers on July 25, aryd he did mt think they warited Mr. Lurrlgren's letter of credit called because of a default of that ratu.r�e. Mr. Prairie asked if they could give staff the authority' to grant an extension if staff felt there were sufficient grounds to d� so. Mr. N�n stated the HRA has dor�e that before, ar�d so they c�uld certainly d�o �it again; but there sYiauld be sane qualiiyirr3 factor if staff is asked to do it again. It is going to be a veiy i�rtant decision. Mr. Rasmussen stated that if it was the HRA's intension to grant an extension on Mr. Lundgren's letter of credit providing Mr. Lundgren's proposal was feasible, then they should be able to grant that 30 day extension mw, rather tl�an havir�g a speci.al. meeting. Mr. N�nan stated that if the HRA was seriously considerirx,� granting amther extension on the letter of credit, he would suggest they extend it until August 15, sirice the HRP,' s rnxt meetir� was August 11. � by Mr. Nleiier, secorided by Mr. Fasnussen, to 9rant an e�ctension on Mr. Lundgren's letter of creclit to August 15. 1988. UE�N A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER90N mN�lERS DECLARID THE NDTmN CARRIED UNANIl�DUS[,Y. Mr. Catmers stated he would again caution Mr. Lurxigren that he cannot wait until the last mirnite to get all this irifonnation to staf f ar�i then expect staff to have it ar�lyzed for the HRA hy the August meeting. The HRA was very reluctarit to exterrl this letter of credit ar� further. 3. Q�1�,SIDERP,TIDN OF RIDhVECDPT� P1�JECT AT 57TH & UNIVERSITY AVF.NUE: Mr. Robertson stated the histoxy of this started about a year ago when the HRA was c�nsidering the plans University Avenue Corridor Plan, and they received a directive frcm the City Council to look at potential proj ects at the gdt�aay to the City at the south err3 of the Corridor in the vicinity of 57th & Uni.versity. This spri.ng staff prepared a prelimirsYy rough estimate of what the acquisition costs would be, and those costs were in the neigYiborhood. of $750,000. That cost did not in�clude street and utility improvenents. The HRA then directed staff to prepare estimates of what that should be. Mr. Imbertson stated tt�at in the m+eantime, the City received responses from two different developers of their intense interest in the site; and in consultation with Dave N�n, they told the developers it was the HRA's policy that wh�re the HRA has site control, the HRA reviEw the pro�posals an1 pick the develaper. In the casetahere the developer bas site control, then the HRA would deal. exclusively with tine deveia�er wlm lrzd site control ; for iristar�ce, the S�rir�rook Apart=nents. Within a week of eacln other, they had two cliffererit develapers, each with c�ptions on different �rcels. Staff has -5- I�US� & RF��7JIIDPME[�T� ALfl�R1TY MEETIlVG. JULY 14, 1988 attenpted to be as fair as p�ssible in reviewing the proposals. The HRA reviewed one pro�posal at t�ie Jun� meetirx,�, ar�l the other developer was at this meeting to present their pnaposal. Mr. lmbertson stated Mr. C`�asserly has done a firanci.al aralysis on both the proposals. Mr. Joe Catmers, The Catmers Car�ny, stated he was very happy to have all si.x menbers of their develoFment t.�am at the meetir�g. He stated he was the President arid avner af The Camners Canpany, a real estate and development company, located. in Roseville, Minnesota. He stated he and the other menbers of the development team would like to ocs�minicate t;o the HIZA the k�ey issues they think are very pertinent regarding their proposal for the redevelaFanent at 57th & University which they have termed "57th Place". ?s�clud.ed in their presentation were 9 itens: (1) a short biographical sketch of the main maribers of the develognent t.eam; (2) actual plan ar�d specifications (3) terant mix (4) construction schedule (5) canments on site aoquisition (6) cxa�ments on the properiy aralysis (7) catments on the profoana cost statenent (8) catments on the pr�forn�a operating statenent (9) fimncial ar�alysis Mr. Joe Cat¢ners stated he would like to introduce the three prir�iples of Security D�velopment Corporation, partners in this venture: Mr. Bruce Lurrlgren, Senior Vice President; Mr. Dewey Johnson, Vice President; and B n�ce Peterson, President ar�d Owr�er. Mr. Bruce Lundgren stated Security Develc�ment Corporation was 12 y�rs old, located in Eden Prairie. The purpose of their comgany was to develop sho�pping centers, n�t only froan the grour�l up on vacant land, but also redevelolanent work—redevelo�ne.nt work ir�cluding build.irx,�s which at on,e time had been shoppir� centers or contix�e to be, but aging has caused them to r�eed redevelognent, �nsion, updatirx�, etc. Amther was to participate in takir�g mnretail buildings, occasionally industrial buildings, and doing restoration ar�d occasiorsl historical register-type pr�-j ects. Mr. Bnace Lur�dgren stated it was important to stress that their eXperience has ir�cluded quite a fc-ir� projects that have i�olved a partnership between the City ar�d the developer, at Ieast a joint venture of efforts--proj ects tl�at have ir�cluded UDAG gran�ts, state grar�ts, tax ir�cremet programs. They have done projects in Minn�polis (Ca1ln�oun Square) ; Grar�l Rapids; Detroit Lakes: C�abrie3gea River Falls, Wisconsin; arxi Albert Lea. Z'hey have also d�or� regular pr�j ects that entail takirx,� mnretail buildirx3s ar�d converting '� FDUSIl� & RIDDJIIDPN�TP AZTrFDRITY MEETIlVG, JOLY 14. 1988 � then to retail. They have dor�e these kir�ds of projects in Duluth, Red Wing (St. James Hotel & Mall). Mr. Bruce Lundgren stated they have a number of proj ects in process in Iaurel Village, strip centers in Plymouth; Oakdale; Hudson, Wisconsin; Forest Lake; Blaine and l�rth St. Paul. Mr. Bruce Lur�dgren stated they were essenti.ally a f ive state company with complete expertise in shopping centers. They were grateful for the opportunity here in Fridley and would like to be part of Fridley's redevelogteent. Mr. Joe Cc�mers iritroduced his architect, Mr. Paul Strother, and Ken Bureau, the construction manager, who was Principal and Owner of Rosewood Corporation which aans Rasaaood Cbnstruction. Mr. Joe Commers stated that regarding himself, he has been in the construction busir�ess all his adult life; first as a subcontractor in a family business supplying to major general contractors. Concurrently, he has been investing and developing real estate, strip centers, office/warehouses, ap�artments. He presently awned a retail center in Bloami.ngton arrl in Roseville, ar�d had substantial real estate lzoldir�gs. Mr. Paul Strother showed an aerial photo of the site. He descri.bed the proposed corlfiguration af the site. He stated the sezvice n-�ad changes its orientation to go araurr3 the site, �intaini.ng the existing residential to the mst, Holiday to the r�orth, ar�d they have oriented the shopping center such t1�at the traffic arrl parkirig activity was all oriented to University Averioue arrl 57th. The lesser active portions of the property are toward the residential site. They are further screening the pivj ect on the residential side with beunirig arrl larriscaping. Mr. Strother stated one of the criteri.a they had to work with vTas Rapid Oil C�ange wanted to stay on the site, ar�d so they ir�tegrated that fw�ction into the retail center arrl located then adjacent to 57th Avenue. Traffic will enter the proj ect off 57th Avenue, and the Rapid Oil activity will be confir�ed to one er�d with the retail off to the mrth. Mr. Strother stated t��at in their discussions with the City, there was an interest on the part of the Cii.y to maintain a more daantanrn appearance or a ux�re vertical appearar�ce. Zb achieve tY�at, they have added sane verticality in sane instar�ces. He stated the buildir� has develaped facades, both front and rear, so it wi.11 look good f�n all sides. They have raised the parapet in a variety of locations for interest, but it vras raised throughout so the av�c,hanical equignent was screened f rom the road ar�3 the neighbors to the rear. Mr. Strother stated part of the street scape that is being develaped for the University Avenue Corridor was a lighting system, and they will be iritegrating �at lighti�g systsn within the pmj ect. Mr. Meyer asked if there v�ras emugh parkir�g for the project. -7- I�USIl� & RIDDJII�OPN�1T!' AUI'�DRI7.'Y NjEETIl�. JiILY 14, 1988 Mr. Strother stated they have been able to meet City Code in all instances, so there are r� variances requested. According to City Code; they are required to have 129 stalls, ar�d 129 stalls are beirx,� provided. �- They f eel this parking is vexy adequate. Mr. Bruce Lur�dgrnn stated the way the center is laid out, they have a 6 car per 1,000 sq. ft. ratio. The Urban Lar�d Institute that compiled a parking study about three years ago �ner�ds as low as 4 cars per 1, 000 sq. ft. for centers of this type. They are providir�g at lmst 2 cars per 1, 000 sq. ft. above trlat. Most centers they are building today are 5 cars per 1, 000 sq. ft. with 9 ft. wide parking stalls. The City of Fridlc-� is requirir�g 10 ft, stalls arrl 6 cars per 1,000 sq. ft., so they were above arrl beyond what is mnnally required for a retail center. Mr. Bzuce Lundgren stated his specialty was in retail leasing which he has been doing for about 11 years on all types of centers. Lately, they have been doing a lot af small specialty centers. Strip centers are so much different today than they were in the 1960's, so they have to accentuate the terant mix arnl bring in a quality tenant envirornnent along with quality design. Mr. Bruce Lundgrnn stated tY�at in this pivj ect, they are ir�corporatirx3 Fapid Oil on the south end of the site, and on the north end they are incorporating a°family style" restaurant (3,500-4, 000 sq. ft. ). The balance of the s�haps will be of varied uses. He stated he has mt been out lmsing at this point, but they c�o have the capability irrhouse to do the job. He believed they have the largest staff for shopping centers in Minnesota. They feel confident about the leasability of the proj ect, ar�d it will be a quality leasing job. The uses will in�clude pri.marily retail, restaurant, sane office arrl sezvice type busir�esses. Mr. Bruce Lurr3gren stated one of tehe concerns by city staff was if they could incorporate F�pid Oil into a retail shopping center. He stated they feel it can be dor�e, because they have had experier�ce in doing that in 3-4 locations. As well, Rapid Oil (otivned by Ashland Oil) has had similar experiences in other mici�vest areas. He stated Mr. Johnson has lmsed three different buildings with retail r�ext to Rapid Oil. Mr. Dewey Johnson stated they have had the good fortwwr�ee of beir�g the l�sing representative for the owr�er of Rapid Oi1 arr3 have leased with good success r�ext to Rapid �i1. So�ne locations where this was done were in Highland Park, Broo�klyn Fark, ar�d Maplavood. He stated he had pictures showing these locations. - Mr. Joe Commers stated they feel very confident that they can start construction on Apri1 1, 1989, arxi complete the project by Oct. 1, 1989, with the idea that this s�u�¢ner and fall would be for complete site aoquisition and time for location of the street arrl public utilities. Mr. Joe Ca�mers stated that rega�iing site aoquisition, he had the following key dates and infoanation: _� IDUSIl�IG & RIDIIJIIDPN�TP AU1'fDRIl'Y N��Il�1G,. JZII�Y 14, 1988 Fd�. 9, 1988: Met with Mr. Robertson ar�d Mr. Robinson_when they expressed that the HRA was interested in upgrading 57th/University ar�d the University Avenue Corridor. He was t;old if he was iriterested in the developqnent to go ahead ar�d mwe aggressively on the options to purchase the subj ect �rcels. At that t,i.me, he ar�d Mr. Luridgren aggressively pursued the aaners toward site ac�quisition. He was also told by City Staff that they wanted to max:imize the site ar�d provide sane ped.estrian amenities. Nbr. 25, 1988: He was told by staff (Mr. Jim Robinson) that the three - things they were going to evaluate was site control, quality of the develognent, ar�d what the developer was willing to pay for the site. At that tiune, another develoer had entered the process. Apri1 5, 1988: Mr. Rabertson told Mr. Lundgren that the HRA was ready to move ahead with a substantial write-dawn on the Pr'o'P�rtY - NL�y 10, 1988: He sent a letter to Mr. 1�ibirLSOn ir�orming him of their canpleted arrl sig�r�ed first option to purchase the old Fapid Oil site. This was the first successful option to purchase of the subj ect property af ter 5 weeks of negotiation with attorneys of Ashlarxi Oil in Tulsa. Oklahana. Jur�e 26, 1988: They acquired the option to purchase the Rainko and I�cera Schuur property at 5755 University Avenue, which was the secor�d largest garcel in the total complex of prc�perty. This gave them 67� of the total parceTs of the lar�d, ar�d the only parcels t��at ranain at this time are three emall lots, and one dupl ex which is al ready for sale on the uarket. This also �ve then the control of the f�ntage of both University ar�d 57th Avernies. Mr. Joe CaYaners reviewed the pro�erty aralysis. Mr. Bruce Lurrlgren reviewed the prof ozma cos t sta tement arid the prof orma operating statenent. He stated the profornna c:ost statement vaas to shaw the HRA the way they look at the project from a cost point of vi�v arrl why they think their price for the land was as much as they can afford based on caRmon cost for putting together this type of develo�nent. Mr. Joe �rs stated they l�ave esti�ted the cost of the retail center to be $1,550,000, ar�d they will pick up $350,000; tlie City's p�rtion estimated at $355, 000 of lar�d �ari�eclawn. The City wi11 be responsible for relocation of all utilities on the site, - rnlocation of the f rontage road, resnaval of all buildngs on the site, ar�d warranting that the pxopertY is free ar�d clear of any soil contamiration, being responsible for re�rooving or cozrccting any soil contamiration problens. Mr. Joe C�mmers stated they estimate new taxes on the property to be g�mximatp1y $2.75/sq. ft. or $52,212.50 anrn�ally. The r�et gain arrl/or tax � I�USIl� & RIDDIE[DPME[V� AUPEDRITY N�I'Il�. J�II,Y 14, 198$ ir�cranent wou7.d be $40,775.57 based on 1988 tax,es payable of 512,436.93 for the current properiy owriers. They have suggested that public impravenents mt be ir�cluded in that tax ir�crenent to be firanced by this project. They are suggestir�g that it be funded s�ne other way, separate from the land vvri.tedavn. • Mr. Joe Catsners stated tt�at on July 1, the day he handed the praposal t� Mr. Robertson, Mr. Robertson told him that the city er�gir�eers had come up with sane estimates for street improvenents of $54, 000, the shallow water loop would be 525, 000, ar�d the sanitary s�n�er would be $75, 000--for a total of $154, 000 high ar�d $75, 000 low. Mr. Joe Qat¢ners stated they si�ly canmt afford a tax assessnent based on the fact that they are already payi� $2.75/sq. ft. for taxes. That would be at the high erid, and they cannot burden their retailers any further withaut causir�g severe haYdships. Nlr. Joe Ccnmers stated that, in s�zy, they suggest the City go ahead with this proj ect with the ass�unption that this corner is of a high priority, ar�d that the City will have to make a co�r�nitrnent to c10 this proj ect. The City was paying sa�e moriey r�ow for the street relocation arrl public improvments, but they are going to �rove that wl�le corridor. They believe this corner is �ing to set the tone for the whole Uni.versity Avenue Corridor along that cast side. Mr. Joe Co�ners stated they have done their work and have been vexy camni.tted to this proj ect ar�d to making this proj ect happen. They no�v really have what the City needs ar�d wants. They control 67� of the total �ckage arrl can go faster because of what �they control. They are looking fozward to working with the HRA arrl with staff as they pursue this mutually ber�ef icial proj ect. 1�'• Mc�er asl�ed how Mr. Catmers felt about having Rapid Oil in the proj ect. Mr. Joe C.a�mers stated that, as pointed aut ?X Mr. Lur�dgren, they feel vezy confident that t,hey can incorporate Rapid Oil into an upscale retail develognent. i?apid Oil has made money on this corner, and they value this corner veiy -high].y. Tlie only way they could really approach a developanent on this corner was- to ir�corp�rate Fapid Oi1 irito the pro;j ect. They did not see th�t as a neyative, but as a plus. Mr. Meyer asked if ariy kind of market study was needed to predict the success of this develc�nent. Mr. Bnice Lur�dgren stated thc� have dor�e scme prelimi��, site studies and have been famil3ar with this site for same time. Iie thought the main issue they were lookirx� at on University Ave�ue was the access. With good access, their strength ar�d viability as a retailer was enhariced. 7�iis site has both access arrl vis�bility. They have done a market run on the trade area and a camputer pr�file, and-they feel cor�'ident this site will produce a quality retail �.x. aa�d t-heY also feel st�rigly about the leasability of the site. It is a c,�ood retail site. -10- i3�USIlVG_ & RIDF7JIIAPN�TP AiTrI�JRrPY MEETIl�IG�_ JiJi,Y 14, _ 1988 � Mr. Jim Casserly stated he had tried to apprnach this as a problen of what the total costs will be to the HRA. He was mt passing on the merits of ar� pxvposal t his mission was to firrl out what it costs to do the proj ect. He stat.ed he thought tbat alm�st any pzvposal for this site was r�ot going to pay for itself in ter�ns of what the total eost is goir�g to be for the HRA. The reason for this is a real honest redevelopment proj ect. Because of triat, they already have existing structures on the site, and that means there is alre,ady a tax base. The way the tax ir�crenent works, they f re� e the base so when they r�anove the existing structures arid put something new on the site, the first part that is put on riaa goes to just make up for wha.t they already had there, so they only get the additional part of the increneat. As they work with tougher ar�d tougher sites to redevelop, this pn�blen becanes irore difficult, because with a redevelopment, they already have an existing base, and they always have the increased cost of aoquisition (relocation, de�lition, arx3 the costs of getting rid of the buildings thenselve.$) . So, the problen had mtlnir� to d4 with the p�posals beincr vresented, but a prablsn with redeveloument. It was an HRA problem, mt a developer pzn�lem. Mr. Casserly stated staff inet with both developers separately because they wanted to find out what they felt they could really pay for the praperty ar�d what kind of taxes could really be supported.. In his judgement, both develoers were being vexy, very accurate. They are 8 cents apart in what they think the leasees can afford to pay, ar�d theY are reasonably close on what they think the market value of the site is. However, the most importarit thing to mte was that r�either developnerit, even if th� take 13 ymrs of tax ir�cranents, would have emugh to be a self-supportir�g activity on this sit�. The HRA has to pti.t sanethirig additioral irito the site to make it work. - Mr. C�sserly revi�ed the public aosts for both Winf ield Develognent ar�d The CYmmers Ccmpany/Security Develognent Corporation proposals. Mr. Bill Fogerty asked if there was any analyzation of both proposals, be�ause he ]a�ew that Wir�field Develognent would accept $154, 000 -$175, 000 in speci.al assessments to the pYOperty. That was the base starting price for th�. He stated their uses f or th� property were dif f erent f r�n the other developer in tt�at they would have irore pr�fessional-type uses. Their arrhor terant is a bank, ar�d they have a finn ccnmitznent for the bank. Th� are also willing to put up a letter of cre3it to start the project. Mr. Joe Ca�aners stated that with the Winfield proposa.l or analysis, the costs wauld be substantially higher because of relocation costs and the lawsuits would be several hur�dred dollars on the �rt of Ashlanl Oil. lhpid Oil values the site vezy highly airl are not willir� sellers. He stated they have m relocation costs on the �j or parcels they contxnl. Mr. Joe Comm�ers asked what the scenario would be if they just put the writedawn in there a� left the city improvements out to be funded elsewhere. Mr. Casserly stated if they pull $150, 000 aut o�f this, they would pull out �� I�U_ SIl �& RIDIIJII�OPN� AUI'iiJRI'i'Y MEETIl�._ JULY 14, _ 1988 amther $150, 000 arrl probably amther $50, 000 after that, so th�y would be reducing this by a good $350,000. -- Mr. Joe � stated he thou�t it would be much more attractive to the HRA if the City improvelnents were funcled either through the City or elsewhere. Mr. Mc�er stated t��at at the last joint City Couricil/HIZA joint �eeting, the City Council stated t'hat even such things as maintenance of HRA proj ects wauld have to be furrled with HRA fur�ds. This included the beautif ication of University Avernie Corridor. Mr. Joe Ca�ners stated if there were other funds, they would suggest that for a successful develagnent, the City i�rovements be dealt with in amther iranrnr, other than puttirig the buxden on this pYOj ect. Mr. Meyer stated he ur�derstood Mr. Ca�ers' point, but j ust wanted him to kt�ow what the City Council had said. Mr. Robertson stated that bccause of this situation, staff did r�t want to get too far ah�d until they get sane reaction frcen the HRA as to whether the HRA wished to praceed rww that they have a much more sophisticated financial aralysis of the type of subsidy this project was going to require. Mr. Larry Commers stated that if the HRA paid $150, 000 for site improvanents, would they be reducing the overall additional revenue they would �atmit b� $300, 000-400, 000? Mr. C�sserly stated that was con�ect. Mr. Bill Fogerty, Winf ield Development Corp. , stated he had seen the shortfall, ar�d he ]�a what the HRA has to go through to deal with that shortfall. He stated they would like to c�o this proj ect; and if they had sane assurance fn�an the HRA to do that, they would work their vwn numbers arrl work it at "0". Because of the i.ype of building they would be doing, they could � the interral as well as t�ie improvenents. The� had rn problen with the 5150, 000-175, 000. Mr. Nlc�ier asked if the Planning C.atrtnission could be involved in this. Cbuld they get sa�e ir�put or feecIl�ack frcm the Planning Commission on these two proposals? Mr. Lany Catmers stated the HRA has r�ever follanied the process of involving the Planning Ctatmission before, but they certainly could c7o that. Mr. N�nnan stated before they could go through that process ar�d get any me�ningful ir�put fYOm the Plannirx,� Ca�¢nission, the HRA must first prwide scx� parameters to staff arrl the develo�rs as to what assistar�ce the HRA is wi11 ir�g to provide. Ms. Schrsb�I state3 the HRA has always acted ir�dependently of the City or the other a�missions. She v�ras mt so concerned about getting the Planning -12- fDUSIlVG & 1�DIIJE��'N�Tr AUI�DRITY N.�ETIl�1G, JiA�Y 14. 1988 �mission involved, but Yber �r�cem at this point was the fact t�at the HRA has mt faced an issue like this where they are being asked to put up to one- thizd of the money into the proj ect. She thought Mr. Casserly was crorrect in saying this was a whole �v thir�g for the HRA ar�d it was total redevela�xnent, which the HRA has mt really participated in before. She did mt kr�ow the parameters or starr7ards we11 enough to feel comfortable with say ing what the HRA' s invesbment should be. She f el t there were too many ursnswered questions that the HRA, philosophically, has mt decided, let alone actually maki.ng a c�acmitment like this for this kir�d of ironey. Beyor�d that, how does making that cce�utrnent affect the HRA dollar-wise in their total a�unt of iro�ey already pledged to spe�. on certain proj ects? The City Council has said the HRA will be fur�ding maintersnce, so where is the erxi to the HRA' s oamu.tment? She j ust f el t there were a lot af thi ngs tha t needed to be detennir�ed that have mt been discussed previously. Mr. Ken Bureau, Rosewood Corporation, stated he has worked with cities arourid the Twin Cities area, and a good example was Bloomington. Bloanington has always had the philosophy that the main roads c�aning into the city should have �jor buildings at the intersections, so people know they are coming into Blooanington. He thought the one thing University Avernie lacked was any definition t1Tat people are canirx3 into Fridley. This corner will cost a�re because of relocation of the mad, but then there is irore property down the Corridor tl�at will mt cost as much to develop. If they are ever going to d�o ar�thing with University Avernue, the HRA is going to have to start with this end. He could not think of a developer that would g� irlto the middle of the block without something starting at this southern er�d. Mr. Meyer asked if there was an wexall develo�►ent plan for the City. Mr. Rabertson stated the City has a Ccunprehensive Plan which ca.11s for a carmercial develo�n� iia this area at this iritersection. When they first got this indication from �.he City Council, staff did so�ne schematics alterratives. The lav scale alternative was to retain the street and utilties arrl just develop the parcels about half the size that was split by the frontage mad. There was a med.i.iun scale alterrative which encompassed the asse�obly aa�ot rerouting of the street and utilities; and a more canprehensive scale altermtive involved �re parcels. Staf f reviewed the alternatives with Planning Ca�anission, City Council, arxi HRA last winter, ar�d it was the cor�census to go with the meditun alternative i.n sah�natic, so that has been the policy direction up to now. Mr. Casserly stated the HRA has to decide if they are will ing to put s�thi� ir�to the praj ect aside fran the tax i�renent. They do not have to decide Y�ow imLCh, but they have to first make the decision; otherwise, they really do a�t a�eed to sper�d any irore ti�e on this. He stated this is a redevela� gioblen. Both these developers have sperit a lot af time, ar�d maybe the HRA would like to see what sane o� the develapers' other proj ects are like. Maybe they can select a redevel�er ar�d suggest tbat there be an e�aclusive anange�ent with the red�v�e�er for a period of ti.me, a-n tt�at the HIZA would be willizig to use their corr7.enration authority to get the highest quality project an the site. Also, h+e thaught it would be worthwhile for -13- HUUSIl�IG & RIDEVIIAPN� AUI�RaY N�TIl�. JZII,Y 14, 1988 the City to have someone do a little aralysis of what the condemnation of that property will entail. That might help the HRA have a little better har�dle on what their camutnient might be. It might be so far out of line that it is rnt worth oonsidering. This is alvTays a big problen when a body is txying to select a develaper based on the quality of the project; and yet, �ybe sane developers are starting with different asstanptions. He was suggestirx� the HRA was going to have to decide if it was worth putting something into the project and whether they were willing to use cor�denr�ation, to select a redevelaper ar�d give that redeveloper a period of time to come back with a proj ect, based on the guidelines the HRA has provided. Ms. Schrabel stated this was a real valid suggestion, ar�d she wauld like to see those f igures. She stated she would 1 ike to see a prof orma f rom WinEield Developnent arrl sane of t,hese condemnation figures for the n,ext meetirx3 so they can start mwing ahead. Mr. Fogeriy stated they r�eed some guiclel,ines on what the City p�rticipation will be airl whether they warit l�pid Oil in or out of the proj ect, because they could mt bring n a bank next to Rapid Oil. Mr• Lany Carmers stated the level of assistance is going to dictate the t]'g�e of building they can be put up, the type of terants they are going to get, and the type of ir� they are going to gernrate. Mr. Rasmussen sta.ted the HRA has to decide philosophically what type of develo�anent thEy want on this �rner. Mr. Ro�ertson asked the FiRA if they were philosophically comfortable with mwirx� irito this whole redevelo�nent mode and were willing to create a negative tax ir�crenent d.istrict in order to get this level of develagnerit. NiY'• LarrY Ca�¢rners stated he would be agreeable to that concept. Mr. Meyer stated he was in favor of sane deficit firar�cing to develop this corner. He thought Mr. Bureau had made an excellent point that no matter which develapnent is picked, this develo�rnent can be the "key" to the larx3 that runs to the north, ar� in a real sense is useful °seed money" to er�couzage the first lir�e develognent of the area. That, plus their previous willirbgr�ess to sperrl mor�ey for other things for the enY�ancenent of the City, means they should agree in principle to be willir� to do deficit firancir�g. Mr. Prairie stated they were talking about a rea.l heavy involveqnent in a s�ll ar�, arid the percentage of ironey here for develognent was the highest it Yas ever been. Mr'• Lar�Y �r's stated they also have to be vexy careful about setting a Precedent. Ms. Schrabel stated she v+�nted to point out that s�vezal y�rs ago when this was origirally discussed with the City Council about setting the to� of the City and creating s�nething attractive that tells people this is the -14- � fDUSIl�G & RIDIIJEGOPN�1'P Ail'1'fDRt7.'Y N�ETIl�, JULY 14, 1988 entrar�ce to Fridlc�, the initial location was where the Valet Nbtor lot was. She agreed at that time to tt�at location because that was m�re visible froan the freeway. She was rn�t so sure 57th/UniversiLy had quite the same visibility or r�ecessarily set the tor�e for the City as the first location does; however, they have also talked a long tiaie about relocating the sexvice rnad on this particular piece of praperty. Ms. Schnabel stated she did have a prnblem with the clollar amounts that have been discussed at this meeting. If they are just going to talk about a def icit district to create sane- impetus for sanething el se to happen along the Corridor, that was one thing; but she felt she must warn the other menbers of the HRA tt�at at this point she was rbot pregared. to support the kirrl of ar�ney being discussed. There were too many other develo2anents alor�g t'hat whole area tl�at are coming up, a�d they are going to need to sper�l m��y on mch one. 5he realized this area was mt going to develop on its own; it will take the HRA to get it going, but mt to the �tent of the dollar amaunts mentioned at this meeting. Mr. Lany Catmers stated he would echo Ms. Sctuabel's cattanents. He had no opposition to some deficit financing as far as the concept arxi mwing foYwaYd, but the level of dollars will have to be a maj or factor. He was preeg�red. to vote in favor of puttir�g mor�ey into a p�vject on the basis that they mi�it mt recaver all the m�� . Mr. Ne�msn made the follaaing sugclestions to the HI�A: 1. to decide whether or mt the HRA is willing to consider sane i.ype of deficient fi.uar�cing deperrlent on the quality of the develcfgnent; 2. to direct staff to further explore ar�d =�efine the cost of the aoquisition of the parcels; 3. t�o verify with each developer the catmi.tments they have � proj e�teci; 4. to review with each developer what their plar�s arrl car�cepts �- would be with or without the ber�ef it af corxienration. Mr. Newman asked if the HRA m�nbers were comfortable with the above suggestions. Mr. Lany Catmers stated he felt the HRA has said 'jies". Mr. Prairie stated he was reluctant to say '��s" when he did mt really ]�ow what these meant. Mr. Casserly stated it also gives Th�e Ca►4ners Ca�panY/Security DeveloFenent Cbrporation the ber,efit in thinking in teans of other tersnts, if they think that is a p�ssibility. In the u�eanti.me, the City can explore the costs of cor�denrstion on this sste. The theoxy behir�d this is that both developers shoa�ld � s�tarti� with the same assianptior�s. This has been the HRA's first experier�ce with this type of activity, an� they wauld like eveiyone to have the same app�rtunity. -15- � a 9 Ii�USIlVG & RIDD�TIIDPMEI�TI' Aifl'f�DRII'Y MEETIl�IG, JiII,Y� 14., 1988 Mr. Larzy Caraners asked staff to oontact N�errill Ly�h Realty to check into th� listed market values for the properties for sale north-of the old Z�ntigo, plus the old Z�nti� building. : Mr. Casserly stated they would have the infoanation requested by the HRA available for the rnxt meeting. Chairperson Ca�rs declared a 10 mi.rnite recess at 10:05 p.m. Chaiiperson Ca�rs reconvened the meetirig at 10:15 p.m. 3. Q�1�ISIDERATIDN OF PL�,ZA RAMp CpN5T18JCI'IDN P.I�ID Q�NSIDERATION OF�THE SPECIAL � HRP, MEE,TIl�: Mr. C�mers asked Ms. Schnabel to update the HRA members as far as what happened. at the last j oint City Cour�cil/HI?A meetirx,� reganiing mair�ter�ar�ce of HiiA proj ects. Ms. Sctux�b�l stated the City Council has pretty much told the HRA there will be no funds with which to rep�air or maintain HRA proj ects. They are reluctant to raise the mi11 rate, ar�d they are reluctant to raise taxes. They are in a f irancial bird thenselves ard� f eel the proj ects the HRA ha s been asked to explore ar�d furrl are also proj ects the HRA wauld have to take on as an ongoing commitment. The bottom line, on the parking ramp for ir�star�ce, was the HRA was g�ir�g to totally furrl the building ar�d completion of the parking ramp, and they were prabably also going to be assessed in the future for their share of the lighting costs, sr�ow rarioval, etc. Mr. Prairie stated the City Council had talked primarily about the University Aveaue Corridor. Ms. Schrnbel stated the City Cour�cil warlts the HRA to establish a trust furrl to be used for n�einterar�ce. Mr. Qanners stated this subj ect should be placed on an ager�da as soon as possible for discussion. The HRA r�eec7s to have scme estimates on what each of their projects is going t� cost in tenns of maintenance, and they are going to have to look at th�se proj ects they have a�nitted to, wi11 have to r�eximine future p�j ects. Staff is going to have to work up same n�nbers for then. Mr. Fmbertson stated one of the conclusions that was hinted at the joint HRA/City Council meeting was that there are different types of projects that will have trener�dously different percentages of maintenance; for instance, the Corridor which wi11 have a lot of lar�dscaping, a lot of labor intensive work, as apposed to the �rkinq ramp which, Will probably have very little mairiterance. Ms. Schrebel stated a lot of discussion was about the lighting. It was mpre or less staff's decision to do the lighting, the Council agreed. to the lighti�, but mw the HRA will have to pay for it. Ar�d, the HIZA might have to pay for the electricity besides. Insurance on the ramp was ar�ther thing -16- , �DUSIl� &, RIDD�ELDA�TP AUTF�JRITY MEEZ'Il�1G. JiII,Y_ 14, 1988 that shauld be d.iscussed. Mr. Clarnners stated it was never the understar�ding that the HRA would be involved in the operation of projects. Is the HRA goir�g to be assessed for maintenance of the Lake Pbinte site? What about capital imprrn�eqnents for the Lake Pointe site? Sane rn.anbers are goirx3 to have to be put together for the HRA to examine so they can make scxne decisions. These rnuctibers could be big arx� mi�t, in fact, im�act their ability to do other pr�jects. Ms. Schr�abel stated the HRA might mt be able to afford to do the 57th Place pmj ect because of other pxpenses cani.ng up on other proj ects. Ms. Schrabel stated she has alv�rays said fran the vexy beginning that there was goirig to be mainter�ar�ce on these proj ects-�what was it goirx3 to cost ar�d who was going to do it? Al`nrays, the assimnption was that the City was going to do it. Mr. Co�ners asked staff to prepare this infornnation for the HRA on a pr�j ect by-proj ect basis. Mr. Robertson stated he wanted the architect/engineer arid the construction mar�ager to be present to present the first cut on what the bids are for the plaza ramp arrl answer any c�westions the HRA might have. Then, he would like the HRP, to discuss how they would like to ac7minister this contract. If they decide to proceed with it, ar�d when th�y want to make the decisiorr-at a joint meeting with the City Council on July 25 or defer it to August 11. Mr. RQbertson stated the total budget estimate based on the bids was $784,554. That was signi.ficantly under the earnnarked budget of $1, 000, 000. He would l�Jce to point o�ut two things: (1) Part af the $1.000, 000 was a sigrage allowar�ce, ar�d he believed it was between $15,000-20,000. That is mt ir�cluded because in ozder to expedite the progress, the architects have mt yet desigi�ed the sigrage, ar�d that can be adcled later; (2) It c3�es mt ir�clude sane repair work ar�d sane changes to the plaza area itself. This was origirally assianed to be �.rt of the civic center budget. Sir�ce the HRA is well iu�der budget, arrl the plaza r�pair work will meet the criteria for tax ir�crenent firancing, would the HRA consider inclw3ir�g the repairs to the plaza as part of the parking ramp scoPe of work? Mr. l�n Christenson stated the I�tA had received a cop� af a letter addressed to-�N1r. laobertson fYan hi.mself dated July 14, 1988, along with a copy of "F�chibit A. Low Bid Simsnaxy - Parking RamP"• He had the low bidders for the civic center break aut their pri.ces for the-parkir�g ramp ar�d these were the rnutrbers. Mr. Me1rer questioned Spec Section 05210 for Steel Joists in the amount of $8;900 for the parkirx,� ramp. If theY do rnt have any steel joists in the ramp, why was it on the low �bid s�xy? Also, maYbe there should be some -17- � I�USIl�1G & 12IDEfJIIDPA'� AU1�DRITY MEETIl�, JULY 14, 1988 exploration as to why the erection cost for Stn�ctu=al Metal Framing (Spec Section 05100) was so hi�i at a cost of $15, 000 for perhaps a very �11 am�aunt of structural. steel. Mr. C�ristenson stated Mr. Me�er was correct, ar�d the steP1 joists shQUld be deleted. He stated they have identified the legitimate law bidders on this particuiar proj ect, but th�y still have to go through the qual if ication process. Mr. Meyer asked what re�ir work were they talkir�g abaut for the plaza. Mr. David ICYOOS of Boannan & Associates stated it was primar�ly the cutting ami pat�hing around the building for construction puYposes, the relocation of lighting, planting aree:s, sigrage, ar�d a lot aF sna7.1 itens all basically for the plaza. Mr. Meyer stated the HRA is being asked. to help pay for the rngairs to the plaza, but he thought they needed to knaw a little bit more about the dollars. He was rnt apposed to the HRA agreeing to those itens, as long as they kmw what things are c:cenir�g arrl that it will be urr3er bid. Ms. Schnabel stated that based on the comments made at the joint City Cow�cil/HI?A meetir�g, had there been any reolesign of the �rking ramp exits? Mr. Kroos stated the exi.ts were discussed, along with the painting of the interior of the r�unp, arrl putting in a sourrl systen. Those items were not ir,corporated. into the design because of a ti.me prablen of when the bids were supposed to be in. Ms. Schnabel stated there was some real concern expressed by the City Council about the access to the lower part of the ramp, its accessibility to the office building, and the legality of using tax increment financing because there was a concern as to whether or mt the ramp, in ef f ect, has access only to City Hall arrl is mt accessible to the affice build.ing. As a resul t of tha t, there was the cor�cern of whether or mt i t i s a 1 egi tima te use of tax incr�►erit firanci�, because then the ramp might not meet the criteria. Mr. Q�mers asked who was going to har�d7.e the legalities of this issue. Mr. Robertson stated as soon as Mr. Jim O'Meara sent staff the sunanary of the 1988 legislation, he flagged this question ar�l consulted Mr. O'Meara. It was shortly before the joint City Council/F�iA meeting. Iie described the proj ect to him arrl the provisions �de for access to both buildings. Mr. O'N1�ra was ccmfortable that this fit the intent of the legislation. At the joint City Council/HRA �meeting, questions of the access to the office building were raised. It was his judgenent that any details like whether the door c�ened in or out could be changed without stopping the bidding process for any redesign arrl sti11 meet the state criteria. There was no prAblem with this acco�3ing to Nir. O'Meara, their bond counsel. Mr. Qa�aners stated that if this was true, then Mr. O'Meara should put that -18- � fDUSIl� & RIDII�II�DPN�1� ,1„�U!'HJRl'T'Y MEETIl�, JL1I,Y 14, 1988 in writing to give the HRA scme oamfort. Mr. Robertson stated. the City Council was scheduled to take action on awardirx,� all civic ceriter contracts on July 25. At tt�at same time, the HRA could review and approve the plans for the constn�ction of the plaza ramp. The HRA menbers were in agreenent with meetirig jointly with the City Cour�cil on July 25; however, Mr. Prairie a� Ms. Schrabel would be ursble to atter�d. Mr. Robertson stated the other issue that the HRA must decide on was how they wished to administer this contract (agerx7a page 3). Those options were: (1) to delegate all authority for contract ac�mi.nistration to the C.ity Cotu�cil t (2 ) to use the City as an agent to admini.ster the contracts for the architect ar�d construction marr�ger. (The HRA would approve all charx�e orders. This provides the HRA with control a�er �tters that could affect delays a� cost werruns.) (3) to administer all contracts--the construction mar�ager an1 the archi.tect. (This would r�ecessitate more HIZA meetings to acldress the ti�ely resolution of contract matters and oould also result in the replication of activities with the City �ntracts.) NDTIDN by Ms. Schrr�b�l, secorrled bY Mr'• Mei�er, to adapt option #2 regarding ac'�ninistration of plaza ramp contrac�s: "The HRA to use the City as an agent to achninister the contracts for the architect ar�d construction marsger. " UEON A VOIC� VOTE, ALL VOTING AYE. Q�AIRPER901�1 �NA�� DECLARED THE N.DTmN C�RR� U1�TIl�DUSLY. ` 4. OJNSIDERATIDN OF RIDhVIIAPMEI�TI' P1a�SAL F1�M C��RYL STIlQSKI: Mr. Robertson stated Ms. StirLSki d�oes mt have a fornnal proposal prepared yet. At the July 11th City Council meeting, he had told Ms. Stinski she stiil had to solve the �rkir�g prablen with her maj or tenant. One of Ms. Stinski's options in solving the parking p�len was to get a cross �senent with the a�rtznent ccmplex to the mrth. Staff was directed by the City Oouncil to check i�o the apartmerit cam�plex's present parkir�g situation arbd see if the a�rtznent complex had the required number of spaces by Code. Staff had c�anpleted that reviav just that day, and the apartment complex does mt meet Code. ThirtY-thY'ee spaces are required, am1 there are only 24 sp3ces. So, this cuts out one of the options for parking ar�d makes Ms. 3tinski's prablem a little tougher to solve. However. Ms. Stinski. did tell the City Cour�cil on July ilth tl�at the atc�unt o� overflvw spaces might rnt be as great as origirally �hought maybe frcm 30 to as iittle as 10-12. Ms. Sti� stated she would like a concensus froan the HRA that they are interested in her project for this area, so she can proceed with the City pouncil on the rnzoning for the e�ntire pzoj ect. -19- IiJUSIlVG & RIDII�IIIJPN� AUPIi�RITY 1�PIl�1G. JULY 14, 1988 Mr. imbertson stated the City Council specif ically wanted the HRA to know tl�at they are vexy interested in the pr�j ect; and they understand that the HRA is waiting for the �onir,g before the HI�A can take any action. If the parkir�g situation can be solved, the City Council will take action on the rez oning. Mr. CioRmers stated the HRA was vexy interested in getting that boarded up Y�ause r�enwed fr�n the property. The HRA was definitely willing to look at this project as they are for-any other projects and see what kind of assistar�ce they can give, but they canmt make any decisions until they see a formal prc�posal. The way the HRA has harYiled this in the past is tY�at the develaper is asked to come in with a proposal, review the proposal with staff, arrl then staff makes a recaamendation to the HRA. 5. (D1�LSIDERATIDN OF S.E.H. CHA1�E O�ER �OR RICE CREIIC I�AD IP�lPK7VII�T!'S: NDTIDN by Mr. Prairie, secor�ded. by Mr. N1e�er, to approve a change order to S. E. H. for the Rice Creek Road i�mvements in the amaunt aF $3, 000. UI�N A VOIC� VOTE, AT,L, VOTING AYE, Q3AIRpER9p1V �NNA�EERS DECLARID THE NDT?!JN CARR]�D UNANIl�DUSI,Y. 6. CDNSIDERATIDN OF C�A1�E ORDER #5 FOR LAl�IDSC�1PIl�, IRRIGATION, AND LIGHTING PKhTECT #168 AT T,AKF' �j�g: NpTIDN by Mr. M�er, secorrled }�, Ms. Sch�abel, to approve Change Order #5 for Landscapfng, Irri,gation, ar�d Lighting Project #168 to Nlinnesota Valley Lar�dscaping, ?ac., for the Lake Pbirlte site in the amaunt of $7,285.20. U1�N A VOICE VOTE, ALI, VOT71� AYE, Q�AIRPER9pN CDNA'�RS DEQ�ARED THE NDTIDN CARR]ED UNANIl�DUSLY. 7. C�,AIlKS: N�TION by Ms. Schnabel, secor�ded by Mr. Prairie, to apprwe the check register as stibmitted. - UE�UAT A VOICE VOTE, ALL VOT1I� AYE, (�TAIRPER�N mNA�Fgg DEQ,ARID THE Ni�TION C'ARR..:iF� UNANIl�DUSLY. 8. OTHER BUSIl�'SS: Ms. Burt stated the HRA menbers had received capies of the anrn�al fir�ancial statenent. She wauld �r�d the HRA menbers review it arx3 present any questions-to staff at the August meetir�g. It could be put on the agerr7a. Mr. CtoQmers stated he would also l�ke the HRA to discuss the ger�eral ledger at the riext meeting. �UIOURI�Y+�'d�Tr: C�iairperson �rs declared. tlze July 14, 1988, Housing & Redevelopment -2 � � fDUSIl� & RIDF3JIIDPN�TP AUTf�DRI7.'Y �Il�, JLiLY 14, 1988 Authority meeting adjourr�ed at 11:16 p.m. R,espectfully sulinitted, ,ut, -0�.� LY Saha . Recordirx,� SecretaYy -21- i ,- CITY OF FRIDLEY JOINT ENVIRONMENTAL QUALITY COMMISSION/ ENERGY COI�IISSION MEETING JULY 19, 1988 CALL TO ORDER: Chairperson Dahlberg, Environmental Quality Commission (EQC), called the July 19, 1988, Joint EQC/Energy Commission meeting to order at 7:35 p.m. ROLL CALL: uembers Present: Paul Dahlberg, Dean Saba, Bruce Bondow, Bradley Sielaff, Steve Stark, Wayne Wellan Members Absent: Bruce Hanley, Richard Svanda, Gerald Welf Others Present: Lisa Campbell, Planning Associate APPROVAL OF MAY 17, 1988, JOINT EQC/E�'ERGY COMMISSION MINUTES: MOTION by Mr. Bondow, seconded by Mr. Wellan, to approve the May 17, 1988, Joint EQC/Energy Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF JUNE 21, 1988, JOINT EQC/ENERGY COMMISSION MII�TUTES MOTION by Mr. Wellan, seconded by Mr. Saba, to approve the June 21, 1988, Joint EQC/Energy Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. NEW BUSINESS A. Tonnages Update 1988 Ms. Campbell indicated tonnages of recycled materials were up 8%. This includes the S.O.R.T. site with 91 tons. If collections continue at this rate, 92% of the goal of 571 tons will be met. Results like this make' it difficult to sell the idea of bins. If we recycle more than 40 tons, the cost per ton goes up. The reimbursement from Anoka County covers a portian of the cost of the contract. Mr. Bondow asked if Super Cycle had any control. Ms. Campbell indicated the hauler is not covering their expenses at this time for the corporation as a whole. 0 . � 1 JOINT EQC/ENERGY COMMISSION MEETING, JULY 19, 1988 PAGE 2 � Mr. Bondow asked if our rates had been compared with the rates in other communities who also contract with Super Cycle. Ms. Campbell indicated that Fridley's cost is $.25 per household at the current rate. Other communities' costs range from $.15 to $.40 per household. Anoka County reimburses $30.83 per ton. The base rate that the City pays to Super Cycle will be $1,790 per month starting July 1. In October, this base rate will go up to $2,475 through July 1989. For every ton above 40 tons, we pay $40.00. Ms. Campbell indicated that Super Cycle had been acquired by North Star Universal but existing contracts would remain in place. The City's contract is an 18-month contract. It is unusual for them to enter into a contract of that length. Mr. Stark asked if Super Cycle was the only firm in the City picking up recyclables. Ms. Campbell indicated they were, but others are moving toward recycling which seems to work best with organized collection. The City of Crystal is involved in a lawsuit brought by BFI. As Ms. Campbell' understands it, BFI is bringing the�lawsuit to test'the law and see if they would run into the same lega� problems with organized collection as they have in other states. Crystal wants to move to organized collection. The lawsuit is to sue the City under the anti-trust law. Mr. Bondow thought this may have to do with limiting the number of licenses available to haulers. Ms. Campbell was asked to keep informed of the situation and continue to provide updates for members. Mr. Dahlberg stated that the City of Rochester has a drop-off site for recyclables. The amount of materials left at the site is credited off the garbage bill. Ms. Campbell indicated a number of cities have organized collection and give rebates for recycled materials. Another option is to go into franchising which would still provide some control over pick ups and rates. Mr. Wellan asked if the County's goal�for tons abated would remain the same. Ms. Campbell stated the amount would go up. The demand for the service will also increase. Mr. Wellan asked how the Elk River facility would affect the City. Ms. Campbell was not sure. The Anoka Coun,ty goal is for 20� abatement of the waste stream, 80% of which will be processed. Fridley's goal is 571 tons. I� we continue at the current rate, we will come to 922 of that goal. Mr. Wellan asked if there are any figures on what the independent haulers are picking up. - ~ JOINT EQC/ENERGY COI�iISSION MINUTES, JULY 19, 1988 PAGE 3 Mr. Campbell does not have those figures. Mr. Wellan stated that if the figures are based on the programs, they are false numbers and inaccurate. - Mr. Dahlberg stated the calculations were made on figures available in 1985. Mr. Wellan asked if haulers reported tonnages. Ms. Campbell did not know. She indicated that the landfill is full, but not closed. An extension has been applied for one year. Ms. Campbell indicated she was planning to attend the next Council Conference meeting to provide further information on the issue. Mr. Saba indicated the City would receive a rebate for meeting the goal. Ms. Campbell added that if the City goes 10% over the goal additional funds would be coming. Mr. Bondow stated, to look at this from a different perspective, the City is doing well. Why spend more money to do better which will in turn cost more? Ms. Campbell indicated this creates a question on the acquisition of bins. Bins are expensive. Using bins would bring up the tonnages, but it would also bring up the costs. Mr. Wellan felt they should continue to proceed rather than have it forced upon them and have no control. Mr. Dahlberg thought it would be worthwhile to determine if it would be cheaper to have an organized collection program. If the City monitors through the utility billings, the City could make money and the residents could save money. Mr. Wellan felt that the new tipping fees would wipe out everything. The fees are very high, and we are now faced with the problem that we may not be able to go to the landfill. Mr. Stark indicated that the appearance is as though if we don't have a program it won't cost anything. Mr. Dahlberg asked Ms. Campbell to contact the City of Champlin to see if they have�evaluated their organized program. They may have a plan that would be helpful and may be able to provide the costs involved. Ms. Campbell stated she would like to provide an opportunity for the City to reward citizens for recycling. Mr. Bondow stated this is difficult because the funding comes from different sources. 0 s a JOINT EQC/ENERGY COMMISSION MEETING, JULY 19, 1988 PAGE 4 ^ Mr. Wellan stated that the City is recycling more and garbage pick up is costing more. We are meeting abatement and should see lower rates. Perhaps there are too many haulers in the City and they have to charge what they do in order to stay in business-. Mr. Dahlberg indicated that the City can state how many haulers to license. • Mr. Stark was not sure that the quantity was being reduced by . recycling. He thought the haulers were charged by volume. Although is seems that an increase in recycling should decrease the quantity of refuse going to the landfill, this may not be the actual case. Mr. Dahlberg recommended having a hauler attend a meeting. The hauler would go to the landfill when the truck is full and weighs in. We could see if they are making fewer trips and ask them if it would be fair to provide a break to those residents who recycle. We could also request their current charges for their service. Mr. Wellan would like to know what the haulers take out of Fridley in a month. Mr. Stark stated that tonnages are probably going down at a slower rate than the xate at which fees are going up. Mr. Sielaff asked if Waste Management had source separation. Mr. Campbell stated they did. One problem is that the recycling truck and refuse truck do not fill up at the same rate. Mr. Wellan thought the commission should look at what will happen in the next five years. What would the costs to homeowners be at that time? Mr. Saba asked what is going to happen at the RDF plants. Mr. Wellan thought that would be difficult to determine, but the haulers should know what the tipping fees will be and what the costs to residents will be. Mr. Stark thought some information would be available through the Met Council. Mr. Dahlberg asked Ms. Campbell to gather information from other municipalities, haulers, etc. and prepare a draft report for review at the next meeting, and to ask haulers to attend a future meeting to discuss their volumes, rates, and provide an opportunity to discuss the issues with the commission. 2. OLD BUSINESS A. Radon Update Ms. Campbell presented the revised draft of the radon article for review. "�~ JOINT EQC/ENERGY COMMISSION MEETING, JULY 19, 1988 PAGE 5 � Mr. Saba suggested on Page 1, the second subtitle, "Recommended Radon Rate" be changed to read "Maximum Radon Levels." Pir. Saba noted that the State of Minnesota in their radon testing found the_levels of radon to be higher than found by the testing done by KSTP. Mr. Bondow recommended that on Page 2, the last paragraph, second sentence, "... Conmission members follow program ..." be changed to read ". .. Commission members review program ..." Mr. Campbell indicated that additional changes may be made before it is printed in the newsletter. Mr. Stark indicated that a recommendation he had heard was to keep articles simple. He questionned if everyone would know what an "inert" gas is. B. Recycling Containers Ms. Campbell referred to her memo of July 13, 1988, regarding Recycling Containers, as included in the agenda. The memo includes three recycling initiatives: adding tire recycling at the S.O.R.T. site, acquiring and distributing bins, and requiring haulers to pick up yard waste. The tireswere added from an abatement point of view. A problem exists with tires being dumped in numerous places. The basic thrust of the memo is that bins are a priority. Ms. Campbell had proposed special assessment on t�e water biil to pay for the bins. This would have been 60� per quarter for two years, but the idea was not well received by the Council. As discussed as a part of riie to�ages update, there is a question to the neecl of bins with the current rate of recyclables being collected. Mr. Saba asked by have bins when bags can be used. Ms. Campbell felt bins would help to reach and surpass the goal as set. The recommendation is for two bins that stack which would cost a total of $75,000. We could do a one time only purchase with the money we have and offer for sale at cost. The City Council does not want to provide bins to residents. Arden Hills has done this successfully. Mr. Wellan asked about the funds received from the Lions. Mr. Dahlberg suggested the funds be used as a subsidy to reduce the cost of the bins to the residents. Mr. Sielaff suggested using the funds to buy bins, sell them to residents. With the money collected, buy more bins, and do again. Mr. Wellan thought it would be difficult to keep up with demand under such a method. C. Energy - Recycling Education Component Update Ms. Campbell indicated that the original proposal would s��rve 640 students. Ms. Shanberg felt that theyE,,ould serve fewer students. This would make funds available that could nbt be spent elsewhere without the Department of Public Services approval. r t JOINT EQC/ENERGY COMMISSION MEETING, JULY 7.9, 1988 PAGE 6 � Mr. Dahlberg suggested that the funds may be used for the recognition of students. Ms. Campbell indicated that she could not approve a budget change. This must go through the Department of Public Service as part of the grant amendment. Ms. Campbell could call to see what they say. Mr. Dahlberg requested Ms. Campbell to do so because the funds will be spent on the student. Ms. Campbell indicated Ms. Shanberg is to visit at the next meeting. If haulers are also to attend, the meeting could get quite lengthy. Mr. Dahlberg requested Ms. Shanberg attend the August meeting and the haulers attend the September meeting. 3. OTHER BUSINESS A. North Star Acquisition of Super Cycle Ms. Campbell stated that Super Cycle has been acquired by North Star Universal, Inc. The contract with Super Cycle will remain in place. There have been no changes in the day-to-day operations. B. Multi-Tenant Energy Audits Ms. Campbell indicated that a presentation regarding multi-tenant energy audits would be August 3, 1988. Letters went out to rental owners and management companies. The Minneapolis Energy Office is handling the responses. Two hundred fifty letters were mailed out and a 25% return rate is anticipated. Commission members requested Ms. Campbell work with the Minneapolis Energy Office to see how many respond. - Ms. Campbell indicated she had a conflict with that meeting and asked if commission members could attend. The meeting will be conducted by the Minneapolis Energy Office. They do not mention they are from Minneapolis. They represent the City. The cost is being underwritten by t;innegasco. Mr. Saba and Mr. Bondow stated they would attend the meeting and asked Ms. Campbell to forward information about the meeting to them. C. Anoka County Solid Waste Task Force Ms. Campbell indicated the Task Force would be meeting August 3 at Bunker Hills. Mr. Dahlberg stated he could attend the meeting and asked Ms. Campbell to forward to him the agenda. Mr. Wellan and Mr. Stark requested to receive information and agendas for the Task Force on a regular basis. ^ JOINT EQC/ENERGY CON�IISSION MEETING, JULY 19, 1988 PAGE 7 D. Energy Conservation Focus Groups Mr. Sielaff indicated he had talked with Susan Moore about marketing energy conservation. Ms. Moore is doing focus groups around the state. They get input from residents on their energy needs and conservation. Ms. Moore would be willing to do a focus group in Fridley. This may require some work from staff in selection, planning and organizing. Ms. Moore would be willing to come and talk with the commission. The impetus on energy conservation has declined. Ms. Campbell indicated she would contact Ms. Moore and discuss the idea further. E. Energy Commission Elections Mr. Saba declared the nominations open for Chairperson of the Energy Commission. Mr. Bondow nominated Mr. Saba for Chairperson. Hearing no other nominations, Mr. Saba declared the nominations closed. MOTION by Mr. Bondow, seconded by Mr. Sielaff, to cast a unanimous ballot for Mr. Saba for Chairperson of the Energy Commission for 1988-89. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SABA DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba declared the nominations open for Vice-Chairperson of the Energy Commission. Mr. Bondow nominated Mr. Sielaff for Vice-Chairperson. Hearing no other nominations, Mr. Saba declared the nominations closed. MOTION by Mr. Bondow, seconded by Mr. Saba, to cast a unanimous ballot for Mr. Sielaff for Vice-Chairperson of the Energy Commission for 1988-89. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SABA DECLARED THE MOTION CARRIED UNANIMOUSLY. F. Meeting Date for August Ms. Campbell indicated Ms. Shanberg would not be available to attend the Commission meeting as scheduled on August 16 and requested the meeting date be changed to August 23. Commissian members approved the change of dates to August 23. , � . JOINT EQC/ENERGY COMMISSION MEETING, JULY 19, 1988 PAGE 8 ' ADJOURNMENT MOTION by Mr. Bondow, seconded by Mr. Stark, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE JULY 19, 1988, JOINT EQC/ENERGY COMMISSION MEETING ADJOURNED AT 9:10 P.M. Respectfully submitted, vonn Cooper Recording Secretary QTY QF FRIDLEY APPF.AIS 0.'k�A'�S5ICN MEErIl�TG, JULY 19 , 19 88 ('ATJ• TO ORDER: Qia� ��on Barna called the July 19, 1988, Appeals Ca�unission ireeting to arder at 7:33 p.m �Li., C1�I.L�: N�mbers Present: Alex Bania, Diane Savac�e, Jerry Sherek, Kenneth Vos, Iazzy Kuedzle �rs Absent: None Others Present: Darrel Clark, City Building Inspector Rev. John Magranm, Orthodax Church of the Resurrectio� of Christ Vladimir Chahovskay, 4717 Coliur�bus Ave. S. Doug Peterson , 7262 Kirkwood Lane, Nx3ple C�ave Jay & R�byn West, 6180 Benja¢nin St. N.E. E.R. Owczarzak, 8528 Mississippi Boulevard Jim Sackrison, 845 W. 88th St. Ric & Jan Creamer, 55 - 75th Way N.E. Bob Ecker, 5940 - 3rd Street N.E. Arnold & Tatnara AsperLSOn, 6520 - 2nd Street N.E. Mike & Julie Wojcik, 109 - 76th Way N.E. Mary Boedigheimer, 117 - 76th Way N.E. Terry Hart, 6000 - 3rd Street N.E. APPROVAL OF JUI� 28, 1988, APPF�I.S CONIl�'aSSIUN NIIN[T�S: MO►I'IQV by Nis. Savage, seoonded by Mr. Kuedzle, to approve the June 26, ]988, P,ppeals Co�mission minutes. Mr. 3arna stated he would like to make the follawing �rrections to the minutes : Page 11, paragraph 3, dzange first two sentenaes as fol].ows: "Mr. Barna stated that Menarcls cannot go u nderneath the neighbor- ing resic3ents' property. He also stated that the trees vould be d�naged if they dug �derneath the property and that the c�ipLine wauld denate the edge of the root systan. If Menards damaged that, they would have to replaoe them." Page 12, 3rd and 4th paragraphs frcm bott�n of page: "Nis. Savage stressed that Menards did nat have a sound stur3y as stipulated at the last neeting, and she would wte agains t the varianoe. " ��v�v A wzcE w�rE, � varn�c �, i varnvc r�, a��sarr s�A LIECZARED 'I�iE NY7�IQl�i CARRIID BY A WZ� C1F 3-l. " L�T A VOIC� VOTE, AIZ VOT�TG AYE, Q�AIRPERSCN B1�TA I�CLARED THE MINCTl'ES APPROVED AS AN�TI�ED. APPEALS Q.�SSION MEETING, JLTLY I9, 1988 PAC£ 2 1. ODISSII�R�TIdN OF A VARIAN(E F:E7QL�ST, VAR #88-16, BY O1�iODOX QiiktQ�i QF � RESLIRF�CTION (�F' �iRIST: � Pursuant tA Secttrn 205.16.03.D, (3) , of the �Yidley C�ty Oode to reduve the rear yard setback fran 25 feet to 10 feet; p�ssuant to Secti� 205.16.03.D, (1) , of the Fridley City Uode to rec�uoe the frrnt yard setback fram 35 feet to 10 feet; p�suant to Section 205.16.03.D, (2) , of the FYidl+ey C�ty Code to reduoe the side yard setbadc frcm 15 feet to 5 feet; pursuant to Seckicn 205.04.05.B of the �ridley City Cbde to allaa an acvessory use within the front yard; p�suant to Section 205.16.OS.D, (5j ,(aJ , of the FYidley City Code ta re�ae the hard surfaoe setbadc fran the public ric�t-of-way fran 20 feet tA 10 feet; and pursuant to Sectiori 205.16. 05. D, (5) ,(b) , of the FYidley City Qode to reduoe the hard s�fave setback fran a sic3e lat line fmn 5 feet to 0 feet, to allaa a dzurdi, parsonage, bell t�wer, and religious boolc store in an S-1, Hyde Park neignboring zoni� district, on Ir�ts 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. M7►I'ION by Dr. Vos, sevonded by Ms. Savage, to open the pub lic hearing. t�o� A wzc� wrrE, �, vo��vc �, a��sc�v a�avA ��D ��r�c HF.AF2Il�IG OPII�1 AT 7:35 P.M. �ai r�rcon Barna read the Ac'hninistrative Staff Report: � ! �1 1' • V• '• 'd 5963 - 3rd Stre�t N.E. VAR #88-16 A. PLL�LIC FURFDSE SQtVID BY RD�[JIIi�rs Sectioa 205.16.03.D, (3) , requires a rear yard set]�acJs of mt less than 25 f eet. Public purpose sezved by this requirement is to provide adequate open spaces arour�d stru�ctures for aesthetic ar�d fire fighting purposes. Sectioai 205.16.03.D, (1), requires a minimun front yard setL�ack of 35 feet for all buildings. Publ ic purpose served by thi s requirement i s to al l c�w f or of f- s tree t parkir,g without encraaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" e.ncroachment into the neighbor's front yard. Sectio� 205.16.03.D, (2), requires a side yaYd setback of nnt less tt�an 15 feet. - Public pui�oee ee�ved b�i this �_*��*+* is to pt�ovic7�e for adequate open spaces �r�u�d strt�ctures, to maintain clear access for fire fighting puipases, ar�d to r�educe oonflagratian of fire. Sectioa 205.04.05.B allavs accessoiy buildir�gs arid structures in the rear ar�d front yard �onTy. � APPF�LS CX]N�IISSICN ��G, JiJLY 19, 1988 PAGE 3 Public puzpo�e aeiyed bs, this require�ent is to provide desired front yard sp�ace to be used for green areas for access and to add to the attractability of the p�,ope�,j,. • - Sectioa 205.16.05.D, (5), (a), r,equires a,l,l parki� arri hard surface areas to be m closer than 20 feet fran any str+eet right of�way. Public pur��se seiyed b�, �S �i�� is ��1�,�, fo�, aesthetically pleasing c�pen araas adjaoent to public ri�t-of-ways. Sectio� 205.16.05.D. (5), �), �ires all parking ar�d hard surface areas to be m closer than 5 feet from any side lot lir�e. Public purpose seryed by this requirment is to prwide adequate apen space areas araurid stxvctures f� aesthetic arri fire fighting p��s. B • STATID NARDSHIP: '�ecause the b�uilding has lost legal non-conforming status, variances anist be granted before re-use af the building is possi.ble. " C• �IS`I}2ATIVE STAF� REV�1: � The petitioner, Father John lyagramn, is requesting the City to grant �'�al va�'iances which would allaa him to oonstruct an Orthodox Church at 5973 3rd Street. Variarices must be gra;nted because the building has lost legal mnconforming status by not being used for one year. The ProPosed building cbes, hawever, create more varia�es. T�is P�Perty is located in a S�ecial District, Hyde park, wiuch the City considers oa�arable to R-1, Single Family Dwelling District. Churches are allowed as a special use but are regulated by the (�2-1, Geneml Office District r,equi,rs►ients� The f irst variar�ce request to reduce the r�r ya�,3 Setba ck f ro¢n 2 5 f eet to 10 feet would allaa the o�nstruction of .an apse on the east side of the building. This apse will be used as the altar. Presently, the building does have a s�hed attached to the east building side which is 6 feet from the rear propertj, li�. Tt�e petitioc�er is also requesting a variar�ce to redu� �� front Yard setback from 35 feet to 10 feet. The churc,h�s �u��t plans show a front yard setback at 30 feet for the construction of an entry way. Father John is requesting a greater variance be granted for future e�aansi�. A 10 foot setback wauld cause visibility problens for traffic a� wauld destroy the residential setting the City is txyirxJ to establish fa� this r�eighborhood. T� �i�d variance request to reduee the side yard setback from 15 feet to 5 feet is necessaxy. The existir�q building is currently 5 feet fran the side lot lir�e. As Part of his churGti. Father Jahn v�ants to c�onstruct a bell tower in the front yard. (�ty q�de o�ly a11a,us accessory buildings in the rear and side yard for aesthetic ar�d traffic safety reasons. Loc.atio� of the bell tower would be reqt;ired. 10 feet fran any Pr'opertY li.ne or driveway. P APPEALS 4'Y�A�SSION N�,TIl�IG; JULY I9, 1988 PAC� 4 Father John is r�er�uestir�g a variar�ce to reduce the hardsurface setback frcm public right of-way fran 20 feet to 10 feet. The parking Iot is currently set back at 15 feet. Father John is requesting a 10 foot vari.ar�ce s� the parking oould be e�ar�d in the future if r�ecessaYy. The last variame Father Jahn is reqwesting is to reduce the mininn,an hazd surface setiaack fram 5 feet to 0 feet. This situation is also already existing. Because the existing parking lot encroaches upon City property, an agreanent was made with previaus te�nts regardir�g its use. Z�emnts were requir•ed to sign a 3 year lmse agreenent which would allow then to use the lot for $1.00 per year. Father John has r� abjectio�3s to the agreenent; however, he would like a 10 year lease. Staff reoa►n�er�ds denial of the variance request to reduce the minimtan front yard setback frcm 35 feet to 10 feet. This setback would create visibility prob�ens for traffic ar�d destroy the residential character of the vatmunity. Staff would approve a varia�ce r�equest for a front yard set�ck of 25 feet. Staff r�ecaa��e�s approval of all the other variance requests with the follaaing stipulatio�s: 1. The bell tower shall be located 10 feet fran any property lir�e �' driveway. 2. A portion of Lot 29, approocimately 1,604 sq. ft., is being leased fram the City at $1.00 per year with the City's ri�t to termirate the l�se within �e year, after the first year. 3. Larr]scaping to be installed as per plan by July 1, 1989. 4. A perfarmance bo�d o� letter of credit for 3$ of the co�stn�c- tio� value be give�n to t2�e City prio� to issuar�ce of the buildir�g peimit. , 5. Qzurch parking dan�nd shall mt exceed 8 spaces imless a8diti�al spaces are provided. 6. Install 6 ir�ch ooncrete curbing arrnu�d the e�ntire perimeter of the parking lot ir�cluding driveway openirx� by Nov. 1, 1988. 7. �rking lot to be sealooated ar�d striped. 48 spaces) by Nw. 1. 1988. 8. Fbsts are to be r+enoved vpon installatian of laridscapir�g - (July 1, 1989). 9. Aetitio�er to maintain site i�diat�ly by cutting grass ar,d elimiz�ati.ng weec3s. I�. Clarl: stated ti�,ere was a s�ip-off ra� that cxmes off Ur.iversity Awenue anci goes south an 3rd Street by the petitianer's prc�sty. 'Ihe petitiarier's properky is an Lots 27 and 28, and the Ci.ty aans Lots 29 and 30, which is being used paztia]1y far ric�t of-way for the slip-off r�p fran th�ivezsity Avenue. APPEALS CCINA�SSI�1 N�TING, J[Tt�Y 19, 1988 PAC� 5 Mr. Clark shvwed a picture of how the building will look after re�ling. with the altar extensioaz on the back, the canapy over th�e entranoe at the frcnt of the building. He stated part of the varianoe request was to even add on further to the front if at all possible c3aari to 10 feet frcm the front propeity line. �he bell tower w�uld be plaaed in �e fr�orit yard. Mr. Clark stated that in order for the petitianer to put the parking lot on a portion of the city property, there wauld have to be a lease agreement or vacati� by the City Co�cil. Mr. Clark stated the building to the south of the petitioner's property was an apartment building, and it does line up with the wall of the existing building on the site at 35 feet. Dr. 4'os stated that 8 s paves were shown for parking oa� the plan. Did the Code say anything about haa many spaaes a ch�dz neec�ed? Mr. Clark stated the petitioner has been working with Kathy Castle in the Planning Depaztment, and it was his Zm3erstanding there were nat many parishioners that go to the c��dz at any ane time. Father John stated the archit�ect, Validimir Chahc�vskcy, who had dr�an up the plans for the �urdz, was at the meeting. They would certainly weloome any questions frcan the o�rnnissioners, staff, or any�e in the audienoe. Mr. Barna stated that he would not be in fawr of the future expansion to within 10 feet of the fro�t property line. He would be willing t�o a�nsic�er the bell tow�er or even the portico oaning aut a littl,e farther, but not the dzurch structure. NiS. Savage asked for a clarification of the hardship. Mr. Clark stated the building was now vacant. Hyde Park, an S-1 District, was a vezy peculiar district. It basically says that the uses pernlitted are whatever was used when the ordinance was passed; and if nat that, then it has to be single family. The definition of legal nonoonforming use says that if a building is vacated ancl not used for more than a year, it loses its legal nonoonforn�ing status and goes to nonooriforming; therefore, if a buildirig is used, it must ariform to the district's regulations. In this case, it means the builcling would have t�o be used for a single faQnily c�aelling. Because the building has lost its legal nonoonforming statuts, tliere is a petition to use it for a c�urdz whic3z is allaaed in a single family �l,ling district with a special use pernat (special use pernii.t to be heard by the Planning �missicn oai July 27) .�ese variances waiald bec�r > neoessary even if the building was used without ariy additions. Zhe varianoe w�ould be nevessazy rn the sauth lat li.ne fran 15 feet to 5 feet for a oc�urercial district in an S-1 district. Zhe other varianoes w�ere actually enlargements of the existing struct�m�--� the frant, to the back a�d the parking lot to the north. �he harc� ship is that �parently the vwner or the petitioc�er does not want to use the property for a sing]�e fa�iily c�aelling and would 1�ke to use it for a dl�ch. Mr. Sherek stated he was v�noerned about the parkir� situat�on. What options did the dzurdl ha�ve if its parking needs were to e�and? APPF�LS Q�I�SSICtV NEEI'ING, JLTLY 19, 1988 PAC� 6 Father John stated they are presently meeting (far the past two years) at Univ�rsity Lutheran Qz�dz of Ho�pe. Zheis serviaes are held oci Stmday m�rning at 9:00 a.m �ey have no more than 20 parishioners at this time, and they do not envision a fast gmwth in members. He stated they have ;*��; red about additiorial parking at NortYaaestern Bell, but have npt received a response at this tiure. �ey have reoeived a positive response for future parking, if it should ever be needed, across University Avenue. Nh�. Kuecfile asked if the 'sanctuary spaoe allvwed for 20 pea�le. Father John stated it did. Zhey will have individual seating in the sanctua�y. Mr. Kwedzle stated that if the varianoe was not granted for the front yard set- badc from 35 feet to 10 feet, haw wauld this affect the churdz's buil�ding plans? Father John stat�ed it would cause a possible hardship of being able to renndel to the front the wa� they want to do it, and they would have to mave the bell taaer to sare other spaoe because of the fact that it would then have to be in frorit of the frarit cbor. Mr. 3�b Ecker, 5940 - 3rd Street, stated Father John had talked about werflaa parkinq across University Avenue. How would the pec�ple get across the street, because it was all c�ain link fencing fran 61st Av�nue to 57th Avenue? He stated he was not opQc�sed to the dz�ch, but he just wcndered haw the peaple w�uld get ac.ross L�iiversity Avenue. Father John stated the people oaning tA the dzurch wauld be oaaing fran a long distanae �,vay, and they would not mind walking this short distanoe. He did not oonsider this a problem; however, it was oertainly a reasonable question. Mr. Ecker stated that if they are thinking about the future and the need for m�re parking for the churdi in the future, he would be vezy much in favor of eliminating the sli�roff. �at slig-off is just Used for an entranoe ra�np for the 3rd Strnet free�ray. Father John stated he has asked the City about the possibility of the sliFroff being abanda�ed, but that was sanething the City would have to ooaisider. Mr. Barna stated there was always the possibility of a petition to vacate that section of the alley behind the property and for the City to vacate a portion of the triangular area formed by Iat 29 and even part of Ir�t 30. Th�s would then give future roam for future parking. So, technically, there was roo�n for future parking e�ansion. Mr. Claz�C stated the slip-off ramp was prc�posed ar�d car�structed a rnmiber of years ago by the City to direct oc��rcial traffic to 3rd Street at 60th Avenue in order to keep t hat traftic �rcm go� ng thmugh the residential area to the north. NoEaf all. that has d�a�ed, a�d whatever ocmrercial still there is legally �ere as Io� as it does nc�t b�ecare vacated for mr�re than a year. If a building burns �awn� it was his �nderstanding, it oauld be rnbuilt as far as residenti.al, so th� siiiroff really only serves the Bell Telephone Buildi�g, the proposed APPF,AI.S QONIl�SSIOtV METING, JULY I9, 1988 PAC� 7 dz�d-i, a furniture refinishing business, and a used car lat. Zhere is not the need for the slig-off that there wauld be if this had all been built oatutercial, so mzybe sare thought should be given to whether the slip-off is still neoessary. Nbst of the businesses still on 3rd Street do not generate a lat of traffic. NiS. Teny Hart, 6000 - 3rd Street, stated she did rr�t cabject t,� the dZUrch. She asked about the puYpose of the bell tower. Father John stated the purpose of the bell tower was to add a oertain aesthetic rn,ality to the building � make it look like a d�urch. They have several bells-- the largest of which was about 16 inches in di�neter. �heir seYVioes w�uld be preceded by the ringing of the bells that wauld last about 3-5 minutes. Dr. �%s asked if there were any similar ch�ches in the �ain Cities area. Father John stated there was a ch�c� in Northeast Minneapolis behind Holy C.ross, one in Southeast Minneapolis off Highway 280, one off S�mmit Avenue in St. Paul, and a large dzurdz near La)ce C�lhaui. Father Jo�n stated he would like to give a brief introductioal and history of what their d7urc� is, and it might be helpful to the neighbors and the oaYrtnissioners. He stated the O�thodca QZUrd1 is the eastern c3z�dz as ampared to the Catholic Church whidz is the western churdl. Zhe history of the Orthocbx Church in the Uni�d States goes back to the 1700's, and the first missions of the Orthodox (�urdz were in Alaska and San �anciso�. His particular parish has been in existenve for about two years,and they are p�art of anather Orthodox Churdl in Southeast Minneapolis whid� does mt use as much Eriglish as they wr�uld like to use in their servioes. In o�iparing the Ort�iodox Ch�ch tA the Catholic Churdz, there is a differenbe in the rite of service. Father John stated that as far as their relationship with the oo�aanity of Fridley, they have a hause d-iapel and the priest's residenoe in Fridley which have been here for several years. 'Ilzey have �ers of the church who live in Fridley. They have established a rapport with St. Williams Catholic Qzurch. 24-iey were not a charisinatic c��ch. They were prabably ocatparable to a church that wnuld be seen as or�e of the early dzurches and they have some of the tmst ancient rituals and prackioes a�ared to other dzurc3�es of the woestern world. Father John stated they would like to make the existing building into a dzurch. For that puY�ose, they have to do a lat of wr�rk oaz the inside to make the sanctuary. �ey also want to do scme work on the outside to m�ke the building look like a dz�dl, but they will do that in certain phases--the apse first, perhaps the steepl,e secnaid, and then the bell tawer. Zhey want to make the building look attractive, look like a d7urdz and be an asset to the local oo�uminity. Nis. Savage asked if the bell tauer oould be built onto the existing building. Father John stated that was a possibility, but because the structure needs a lort of work, it was nat soarethirig they had planned to do because they dr� not even know if the present build.ing woul,d be able to handle that type of struct�e ca� t�op of it. Mr. Barna suggested an alternative of ino�rporating the bell tvwer with the portioo. APPEALS Q.'�`M'BSSIQJ NEE,TING, JiJLY 19, 1988 PA(.� 8 Mr. �ahovskay stated that was a possibility. Zhey were txying to create a ser�s�e of entry—a series of small e�erien�ces in entering the dlurdz. Nh�. Sherek asked about special events and the need for additicnal parking for w�eddings, funerals, etc. Father John stated their parish was fairly small. �eir services are on S�day mornings and Sat�day evenings for about �e hour. �hey saretimes have a sexvioe during the week, perhaps twioe a month. In the last two years, they have had one vaedding and �e fur�eral. As an exanple, at the parish in Southeast Minneapolis whidz was forn�ed in 1953, there are a total of 40 faQnilies in 1988. So, the �nissioners and neighbors oould see that their grvwth was vezy small. M7�ICN by Dr. Vos, seccnded by Ms. Savage, to close the public hearing. L]PCCN A VOIC� VOTE, ALL W'I�IG AYE, CHAIRPERSCN B�ARL�A DEC�ARED Tf� PUBISC HEARIl�IG CLQ6ED AT 8:27 P.M. MyI'ICN by Mr. Kuechl,e, se�anc3ed by Dr. Vos, to reoa�arend to City O�uncil appraval o� VAR #88-16, by Orthodc�x Churdz of the Resurrection of Christ, pursuant to Secticn 205.16.03.D,(3), of the Fridley City Code to reduoe the rear yard setback frosn 25 feet to 10 feet; pursuant to Section 205.16.03.D,(2), of the Fridley City C.ode to reduoe the side yard setback fn�an 15 feet to 5 feet; pursuant to Section 205.16. 05. D, (5) ,(a) , of the �idley City Code tA rec�uoe the hard surfave setback fran the public right of-way fro�n 20 feet to 10 feet; and pursuant to Section 205.16. O5. D, (5) ,(bj , of the Fridley Gity Qode to reduce the hard surfaoe setbadc frcgn a side lot line fram 5 feet to 0 feet, to allaa a dzurc�, parsonage, bell tawer, and religious book store in An S-1, Hyde Park neigY�boring zoning district, on Lots 27 and 28, Block 12, Hyde Park, the s�ne being 5973 - 3rd Street N.E., with the fol]Awing stipulations : 1. A porti� of Iat 29, a�praximately 1,604 sq. ft. is being leased fran the City at $1.00 per year. 2. Landscaping t,o be installed as per plan by July l, 1989. 3. A performanoe bond or letter of credit far 3$ of the �nstructioal value be given to the City prior to issuanoe of the building pernut. 4. Qz�dz parking clesnand shall not exoeed 8 spaoes unless additi�al spaoes are provided. 5. Install 6 inch eoazcrete curbing around the entire perimeter of the parking lat including drivEway opening by Nov. l, 1988. 6. Parking lot to be sealooated and striped (8 spaoes) by Nov. 1, 1988. 7. Posts are to be rem�ved upon installatian of landscaping (July 1, 1989) . 8. Petitirner to maintain site �mr�diately by cutting grass and el.ir.tiinating weeds. �•r �2 �� • • � • . . . �.•. • � -� � � « • •�a�� r i • � - � � •. � APPF.AIS OCNIMISSIC7�t NEErING, JULY 19, 1988 PAC� 9 Ni7PICl�T by Dr. Vos, seoorid�ed by Mr. Kuechle, to revatut�rr3 to City Council approval of varianoe request, VAR #88-16, by Orthocbx �urch of the Resurrection of Christ, pursuant to Section 205.16.03.D, (1) , of the Fridley City oode to reduoe the front yard setbark fran 35 feet to 25 feet as rearnmended by staff, tA allow a churdi, parsonage, bell taaer, and religious book store in an S-1, Hyde Park neighborinq 2oning district, an Ir�ts 27 and 28, Block 12, Hyde Park, the same beirig 5973 - 3rc't:Street N.E. Mr. Clark stated that in order to make it mare clear, was the m�tion tro approve the setbadc fran 35 feet to 25 feet for an additi� to the building or just for the portioo in front? Dr. Vos stated he had no abjection to the building oaning aut to within 25 feet of the fralt lot line. LIPCiV A VOICE W'i�, ALL WTIlJG AYE, CHAIRPERSQJ BI�TdVA DECLARED Zi� M7TION CARRIID LNPi"t�TINDL]SSLY. Nis. Savage stated she had difficulty in being able to envision how the bell tower woulrl look in the frocit yard. Nh�. Chatiovskvy stated the bell taaer was not a very tall building, about 6-8 feet across, an elevated platfozm_with a roof over it. It w�ould prabably have the same materials as the sanctuaYy af the church--stucoo with asphalt shingles. The bell taver c�ras used primarily to ring the bells during oertain parts of the servioe. Zhe reason for putting the bell tvwer in the frar�t yard was to give the dzurc� another symUol. Nis. Savage asked if bell towers had to be placed in the frcnt yard. She was v�nae�ed that there would nat be enough green spaoe with the bell tawer in the fro�t yard. Mr. QZahovskay stated a bell taaer can be placed anywhere; haaever, it was mt j�t a bell tvwer, but a symbol for the whole developn�ent. He stated they think they will have enough green spaoe in the frcnt yard. Zhe bell tawer is nat very large. MOI'ION by Mr. Kuec�le, seo�ded by 1�. Savage, to reoa��nd to City Council d al of varianoe request, VAR #88-16, by Orthodox Church of the Resurrection of Qzrist, puxsUant to Section 205.04.05.B of the F'ridley City Code to allaa an acoessory use within the fro�t yard, to allaa a bell taaer i.n an S-1, Hyde Park neic�boring zoning district, on Iats 27 and 28, Block 12, Hyc1e Park, the same being 5973 - 3rd Street N.E. Mr. Kue�le stated he liked the idea of a bell tower; haaevpx, he would like to dzallenge the ardlitect to see what other c7ptions were available for the locaticn of the bell tvwer, perha�s m�ving the bell tower to the side yard. His primaYy oonoern was the fact that the bell tvwer would be so close to the street in a residential area. The other structures in the neighborhood are set back 35 feet, and he thauc�t putting the bell taver out in frcnt ev�n anather 10 feet would have an adverse effect cn the neighborhood. Ev�n thou�, ardiitecturally, this wauld be a nioe structure, he wauld nat like to see it in the front yard. e APPEALS OJNA�SSICN METING, J[TLX 19, 1988 PAC� 10 Mr. Qzahavskay stated there were sane trees in the frazt yard nav that would pmbably provide imre obstruction than an o�i building (the bell taaer) . Mr. Sherek stated he would abject t�o the tall trees, too, because trees also cause problens with the line of sight. t�a� A wzcE vo�, x�a-�, sAVac�, p,rrD s�c varzrrc �, vos � sr�A �c NAY, Q3AIRPERSCN BAR�IA DECS�RID Tf� M7rI0�t CARRIED BY A W'I� QF 3-2. Mr. Barna stated the varianoes and the special use perniit wruld go to City O�uncil on Aug�st 8. 2. CCNSII�ERATICN QF A V�2IANCE 17EQLTEST, VAR #88-17, BY DOLTG PErII�S�T: Pursuant to Sectiori 205.07.03.A of the Fridley City Qode to rec�uoe the minim�un lot area fran 9,000 squa��e feet to 7,900 square feet; and pursuant to Section 205. 07. 0 3. D, ( 3) , of the Fridley C�ty Coc�e to reduoe the rear yard setback fran 25 feet to 21 feet to allaa the oonstzuction of a single family hane with an attadzed garage on Iat 8, Block 1, Oak River Fstates, the same being 101 - 76th Way IJ.E. M7rICN by Mr. Kuechle, seoorided by Dr. Vbs, to apen the public hearirig. IJPCN A VOICE Vt7I�, ALL �AT.Il�TG AYE, �1AIRPER.S�1 BA�IA I�CCARID THE PI]BLIC i�RING OPII�1 AT 8:59 PM. �airpersoai Barna read the �►� n� Gtrative Staff Report: AL�NISTRATIVE STAFF FIEPOF� 101 - 76th Way N.E. VAR #8&-17 A. Pt�LIC PURP06E SERVED BY �QUIRENII�Tr : Section 205.07.03.A requires a minim�an lat area of 9,000 sq. ft. for a cn�family d�a�elling. Public pun�ose served by this requirement is to avoid the wnditicn of wercraading of a residential rreighborhood. Section 205.07.03.D, (3), requires a rear yard d�th of rx�t less than 25$ of the lat depth with not less than 25 feet permitted or more than 40 feet required far the m3in building. Public puYpc�se served by this requiYe.nent is to prc7vide rear yard spaoe to be used for green areas �ic� enhanoe the nei��borhoai. B. STP,Z�D HARDSf3IP; "Anaka County i.s taking rear 15 feet af Iot for East River R�ad. " � APPEnI.S O�A'aSSICN r'�,TING, JULY 19, 1988 PAC� 11 C. ADNSINISTRATIVE STAF'F RE'V.�nT: �e petitioner, Mr. Peterson, is asking the Appeals �a�u►�ission to grant approval for two varianoe requests: to reduoe the required minimtan lat area fmn 9,000 sq. ft. to 7,900 sq. ft. and to reduae the mini.naun near yard setbadc required frcm 25 feet to 21 feet. 'Ilze praperty, 101 - 76th Way, �idz is located in a single faQnily c�a�elling wzit (I. 1 district) , is currently vacant. The lot has daible frontage with 76th Way t� �e west and East River Road to the east. The petitior�er is Piroposing to build a 2,037 sq. ft. single family home on the lot. The varianoes are needed because of Anoka County's East River Road cca�struction project. Anoka County will be e�anding East River Rpad 15 feet to the west, whic� will reduc�e the lot to 7,900 sq. ft. In order to �nstruct a home of this size, a vari.anoe for the rear yard setbadc is needed. Expansion of East River RAad will begin this year. Staff rec�urerids appr�val of this request with no stipulations. Mr. Clark stated the size of the lot, before the taking of property by Ano�ca County for East Rive.r Road, would be more than 9,000 sq. ft., and the rear yard setback as shaan on the surv�y would have met the 25 ft. setback. Because of 15 feet being taken by Anoka Co�ty, it makes the rear ya� di.mexLSion frrom the new right-of-way line to the bacY. of the new house 21 feet, and the entire size of the lot has been reduced to 7,900 sq. ft. Mr. Clark stated the foundatian area of the h�ouse was 1,029 sq. ft., and the garage was 420 sq. ft. Mr. Barna stated the Code requi.res a house foot�rint of 1,020 sq. ft. So, actually, there w�ere three hasrlships: the minim�an house size requir��nt of 1,020 sg. ft.; the req�iir�nent for a tw�-car garage, the configuration of the property and the County taking 15 ft. of that property. Mr. Doug Petersan stated he had approached Anoka County about buying the whole lot when they t-:ook the back 15 feet. Mr. Jahn McDunn at the County told him he had talked to the City of Fridley, and the City wauld give variances for building a house where the lots would be smaller. The County refused to buy the whole lot. The neic�bor to the north stated they abjected to this house being so close to their house. They w�nd�ered haw the house would even fit on the lot. Dr. Vos stated the petitioner was not asking for ariy side yard varianoes or front yan�3 variances, so they would not be building any closer to the curb or the side lot .lines. There wese site proble,ms because of being located on a cul-d�sac . Mr. Barna stated if this house had been built at the sa�ne time as �he neighbor's before the County t�oo�c the 15 feet, there w�uld have been r�o problem and the variances would not have beP_n needed. , APPEAI�S CUM�4ISSION N�I'II4G, JULY 19, 1988 PAGE 12 Mr. Richard Creamer, 55 - 75th Way, stated his ooncern was with the snaa ranoval in the cul-d�sac. Vdzere was the snaa going t,o go? The snvw was either going to go into this lot's front yard where it has been du¢nped in the past or it was going to go into his back yard. Mr. Barna stated that ev�en though there were abjections fran the neighbors con- cerning this variance request, there was definitely a hardship, created not by the awrier of the property, but by the City in the way the lots w�ere platted and by the County in the taking of 15 feet of property. A neighbor i.n the area stated she felt that ane criteria for these variances should be that th+e new wnstruction would hav�e to fit in with t1'�e rest of the neiqhbor2iood. Will this new �nstructioa� really fit into the rest of the neigh- borhood? Mr. Barna stated it was a nice look.ing house, and Y�e thouc�t it w�uld fit nicely int�o the neighborhood. He o�uld .o�rtainly understand tive neighborhood's objectian, but there was definitely a hardship not creat�ed by the petitioner. If it wex'e not for the fact that the County has technically taken irost of tY�e back yard, this house oould be built withaut any var'iances. MpTIpN by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL Vd�ING AYE, CI�IRPERSON BARNA DDCI� Tf� PUBLIC HE�IRING CLpSID AT 9:23 P.M. MOTION by Mr. Kuechle, seoonded by Mr. Sherek, to recanrend to City Council approval of variar�ce request, VAR #88-17, by Doug Peterson, pursuant to Section 205.07.03.A of the Fridley City Code to reduoe the minim�un lot area frcm 9,000 sq. ft. to 7,900 sq. ft.; and pursuant to Section 205.07.03.D,(3), of the Fridley City Code to reduce the rear yard setback fro�n 25 feet to 21 feet to allvw the construction of a single family haY� with attache d garage on Lot 8, Blocic 1, pak Rivex Estates, the same being 101 - 76th Way N.E. Mr. Sherek stated he agreed this was not a vezy well planned lot, but that was not scmething the Co�ussion could consider at this time. The real oonsideration was the hardship caused by Anoka Co�ty's East River Rc�ad constructian project. The �peals Conmissioaz really had no alternative but to apprave the varianoe as requested, even thouc�, he too, would probably abject if it was in his neic,�Uorhood• Ms. Savage stated she also sympathized with the neighbors, a hardship not created by tYie petitioner but by the Crnmty. •Co�missio� was mandated by l�a to grant the variance. Mr. Barna stated he alsa a�3reed. but there was clearly � � Appe,als UPON A VOIC� VO►rE, AI�L �ING AYE, CHAIRPERSON BARNA DF7�I.ARE D THE MOTION CARRIID LfI�,IJ�7�7S� - Mr. Barna stated that sinoe there was neighborhood abjectioal, this would go to the City Co�cil on August 8. APPEAIS CUM�I.iSSION MEErING, JULY 19, 1988 PAGE 13 Upon the fourth petitioner's request and the approval of the third petitianer, IIA E�gineering, it�n 4 was maved to it�em �3. 3. OONSIDERATION.OF VARIANCE REQUEbZ', VAR #88-19, BY JAY B. WEST: Pursuant to Section 205.07.03.D, 3,(a), of the Fridley C.ity Code to reduce the rear yard setback fran 30 feet to 28 1/2 feet to allaw the coa�struction of a screen porch on Lot 2, Block 4, Rioe Creek Estates, the san�e being 6180 Benjami.n Str�et N.E. MOTION by Mr. Sherek, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VO'T'E, ALL VO'rING AYE, CH�IRPER.SON BARNA DDCI� THE PUBLIC HEAiZIlQG OPEN AT 9:35 P.M. Chairpersari Barna read the Ac�ninistrative Staff Report: ALIMINISTRATIVE STAFF REPORT 6190 Benjamin Street N.E. VAR #88-19 . ; . . . � � ti�• �� : • • �• � i� Section 205.07.03.D,(3)�,(a), requires a rear yard depth to be not less than twenty-five peY�ent (25$) of the lot depth. Public purpose sexved by this requi.r�nt is to pravide rear yan3 space to be used for green areas which enhance the neighborhood. Y� a� ►• •�� • "The roan we want needs to be 12 ft. miniimIIn (r�t 10 1/2 ft. ) to acooamiodate our needs as a young family of 5. We need the size, too, for the frequent entez-taining we enjoy cbing. �� C. ADMINISTRF�TIVE STAF'F REVIEW: The Code states that the rear yard requirement for leaving space is 25� of lot depth, not more than 40 feet or a minurn.an of 25 feet. This request is to reduoe the rear yard to 28.5 ft. which is less than 25� of the depth of the lot (120 feet). If the Appeals Cam�ti.ssion apprvves this request, the staff has no stipulations to suggest. Mr. Clark stated the petitioner's property was located one block south of Briardale Rc�ad on Benjamin Street. Just to the east'of the praperty (rear yard) there was a city park with a 20 foot wal.lcway easement (part of the outlot for the park)� also aaned by the City, so the dimensio� fran Mr. West's rear property line tA the side line of the h� was an ac�di.tianal 20 feet. He stated the petitioner vTanted to build a 12 ft. by 16 ft. addition. �'PF�i� �'aSSICN N�TING, Jt�,Y 19, I988 PAC� 14 Dr. Vos stated he was trying to defi.ne the hardship a little Trore. He stated the rear prvperty line they woere talking about was actually a city walkway, not an adjavent property (house). Mr. Barna stated �at all the lots 1-7 in this block w�ere at 120 ft. , whereas the houses across the street ori lots 17-22 were about 124 feet deep. �e ass�mp- tion oould be mac�e that the walkway a�d the width of the park reduoed the depths of lots 1- 7 by about 4 feet. �ese lots were actually the shallaaest in the neighborhood. If this lot was a nornnal lot c3epth for the neic��borhood, no varianoe would be required for this size of an additioai. �he hardship was that the lat was shortened when it was platted. Mr. Barna stated that in the agenc7a were two letters fran rneic�i}�ors stating no objection to the varianoe as requested. M7I'ICN by Dr. Vos, seoonded by Mr. Sherek, to reveive letters frcm Lynn Nbkita, 6190 Benjamin St., and Kathy Divine, 6170 Benj�nin St., stati.ng they had no objection to the West's building a por� and leaving a rear yard of 28 1/2 feet. L]PCN A WICE VO'PE, ALL WTING AYE, C�iA2RPERSCN BARNA DE� THE N10TION CARRIED UNANIMOi.JSLY . M�ION by Mr. Sherek, seoorided by Mr. Kuedzle, to close the public hearing. iJPQJ A VOICE VO�I'E, ALL VOTING AYE, Q3AIRPER.SON BAFd�11� I�CZ,ARED THE PUBLIC HEARIl�IG Q,06ID .�T 9: 45 P. M. NJnICN by N�. Sherek, seooalded by Ms. Savac�e, to approve varianoe request, VAR 88^19, by Jay B. West, pursuant tA Section 205.07.03.D,(3),(a), of the Fridl�y City O�de to reduoe the rear yard setback fmn 30 feet to 28 1/2 feet to allow the wnstruction of a screen pordz on Iat 2, Block 4, Rice Creek Fstates, the sa�ne being 6180 Benj �nin Street N. E. Mr. Sherek stated the purpose served by the requirement for the rear yard spaoe was for green areas whidz enha¢�oe the neighbo�ood. There was no abjecti� fran the neic�borriood, and there will still be adequate green spaoe with the 20 ft. walJ4aay. He thought the spirit of the c�oc�e was definitely being met. Zhe other �nissioners agreed. L�('JN A VOICE Vt7I.�, ALL VOTING AYE, CEIP,IRPERS(X�i BAF�NA DEC�ARID � NIC7I'ION CARR�D UNANIM�ISLY . 4. OONSI�TIGN C�' A VARIANCE i7EQUF5T, VAR #88-1$, BY EIA ENGINEERING & BELT LINE OOISSTRUCI'ION: Pursuant to Section 205. �.8.03. C. af the Fridley City Code to inGrease the requirec� maxim�an 1,at ooverage fn�n 40� to 49.5$; p�suant to Section � 205.18.05.D, (5) ,(d) , of the Fridley City Qode to rec�uoe the required mini�mun hard s�faae setback frcm the main building frcm 5 feet to 0 feet; pursuant to Section 205.18. 05. D, (5) ,(b) , of the Fridley City Oode to reduoe the required hard surfaa� setback fran the side lot line from 5 feet to 1 foat; pursuant to Section 205.18.05.D, (4) ,(b) , of the Fridley City Ca3e to rec�uoe the width of the one-way driving aisle fran 18 feet to 10 feet; pursuant to Section 205.18.05.A APPEAIS Q��SSIaN NE�'I'iNG, J[JLY 19, 1988 PAC� 15 of the FYidley C�ty Ooc3e to rec�uoe the required rnanbex of parking spaoes frcm 103 spaoes t�o 76 spaves; and pursua¢�t to Section 205.18.03. D.2 af the FYidley City Oode to reduoe �e min.i.m�n required side yard setback fran 30 feet to 25 feet, to allaa the oazstruction of additi�al wa�eha�se and offioe spaoe, located on Lot-s 3 and 4, Blodc 3, East Randz Estates, the saate beir�g 7770 RandzeYS R�ad. M7i'ICN by Ms. Savage, seoocided by Mr. Sherek, to waive the fonnal reading of the public hearing notioe and t� open the public hearing. t�tv A wicaE w�rE, �, w�rnvc �, a��sc�r s� nECr� � r�rzaa c�m iNANIMOiSLY, AND � PUBLIC HEARING QPIIV AT 9: 47 P. M. Qiaizperson Barna read the Ac�ministrative Staff Report: A�N[aTI.SI4tATIVE STAF� REFaRT 777 0 Iianctiers Road N. E. VAR �88-18 A. uLie �sE �vm sY x�u�n�xr: Section 205.18.03.0 requ�res a maximim► percent of an area of a lot allowed to be oovered by the aain build.ir�g arri all accessory sir�gle story buildings to rnt ex�ceed 40$. Public pui�o�e served by this requirement is to prwide adequate open sp3ce areas ar�ur�d industri.al structures for aesthetic arid fire fighting purposes. . Sectio� 205.18.05.D, (5), (d�, requires all parkir�g arid hard surface areas to be rn closer than 5 feet fram the aein buildir�g. Public pu�o�e sexved by this requir�ent is to protect the building fran unr�ecessary aaintenarre due to vehicles hitting the building. Section 205.18.OS.D, (5), �), requires all parking ar�d hard surface areas to be m closer than 5 feet fran any side lot lir�e. Public gu�ose seived by this requir�ent is to prwide adequate open space areas around ir�dustrial structures fo�r aesthetic ar�d fire fighting purp�ses. • Sectian 205.18.05.D, (4), W), requires a minim�m drivir�g aisle width o� 18 feet fc� or�e--way traffic. Public gupose se=ved by this reqiurenent is to provide adequate space fo� vehicular ar�venent. Section 205.18.OS.A allows a z�eductioai ia perking stalls in the p��vvisiai of space raquired for parking stalls dwe to the particular rature of the pro�posed use, a� ather considerations would be a necessazy hardship. Adequate apen spaoe shall be provided to satisfy the total nianber of required parkir,g stalls. APPF�ALS �SSIaN NEEI'II�1G, JULY �9 , 19 88 PAC£ 16 Public purpose served by this requirment is to provide sufficient off-street parking f� any Qiven use. Sectioai 205.18.03.D.2 requires a minuman side yard setback of 30 feet where a driveway is to be prwided. Public gul�ose seived by this requirement is to provide adequate apen s�ce areas araur�d iridustrial structures for aesthetic ar�d fire fighting purposes. v� �� - �.� •- R� additional square footage for storage, material harY3lirg, adjacent p�apeerty vwner will rnt aell o� lease." - C. AII�IISPRATIVE SI'AF�' RLV�n1: Tt�e petitioner, �FLO �5ngir�eerirx3, is requesting several variar�ces in �er to e�r�d their warehouse facilities. In the past, the petitioner has aade similar z�equests. A variance was granted in 1983 to increase the aaxim�n lot oavezage for an industrial building fran 40$ to 45.5$ to allav for the o�nstruction,o�f a 8,775 square foot additio�. In 1987, the petitiomer was granted a variar�ce which would ac�ain irrz�ease the maximiun lot owerage f�c�an 40$ to 46.5$ fo� a 1, O10 equare foot additiosi. IIA Engineering withdrew their previaus variance requests (VAR #88-13 ) because they were urable to lease the south 65 feet of the property to the rnrth. These requests were apprwed by the Appeals Cc�nunission on June 14, 1988, but apprwal was contingent upon obtaining a lease agregnent with the p�roperty owner to the north. Because of this, IIA Engir�eerir�g is requesting several m�re vari.ances be �anted. In o�der to allow for the construction of a 4,860 sq. ft. warehouse addition and a 2,700 sq. ft. office addition, the petitioner has requested a variarice which wrn�ld allaw the maximiun lot coverage for an industrial building to be increased from 40$ to 49.5$. As stated earlier, the petitioner has had two similar requests apprwed in the past. The petitioner's hardship states that more space is needed for storage material handling due to the growth of the canpany. Staff disagrees with the valid.ity o� this hardsYup because it was not created by the lar�d, but was created by the busir�ess itself. The seoor,d variar,ce request is to z�eduoe the required 5 foot hard surfaoe set�ck fran the main buil.ding fram 5 feet to 0 feet. If the petitioner did prwine the 5 foot hard susfar�e s+etY�ck, an adequate driveway width of 25 feet a�uTd rro�t be pz�avided, which in turn wauld decrease the rnmber of parkir�g spec�es the petiti�er wuld pzwide. Zhe petitia�er is requesting a variance be granted to reduce the hard surface seth3ck fran the side lot lir,e fran 5 feet to 1 fo�t. Along the western property lir�e, the 1 foot setback is necessary far the petitioner to install adequate parking spaces. Please note that although this seth3ck does allaa the petitio�er to install pa�king spaces which meet the oode requirenents, the oae- way parking aisle does �t. APPEALS OaI�+II�'�SSI(N NEET�NG, JULY �9, 1988 PAGE 17 A variar�ce to zeduce the width o� a oz�e-way driveway ai sle f rom 18 f eet to 10 feet is being requested. An aisle of this width wrn�ld be a� safety hazard to the building itself, vehicles, and people. This 10 foot driveway aisle does not prc�vide adequate space for vehicles driving thraugh ar�d 2�ackirbg out o� the parking stalls. Rl�e fifth variar�ce request by the petitior,er is to reduce the ntanber of reguired stalls fram 103 spaces to 76 spaces. According to the site plan, the petitior�er could provide 83 spaces with tarrZen parkir�g. i�rden parkir�g does create pznUlens with traffic flow. Cars oould be "trapped" in by other cars, prai�ubitirig a person to leave. - The variar�ce to z�educe the minim�n sid�e yard setback where a driveway is pn7vided fran 30 feet to 25 feet is necessazy because it includes a portioa� of the building that is already built. ZY�e r�ew additicm would be alic,�ned with this existing building. The driveway would be used for lcading ar�d ia,loading a�terials on to trucks. Staff reoanner,ds denial of these variance requests for the follaving reasons: 1. �e pr�oposed parking arrangenent arri traf f ic f laa create • a haza�us situation which would result in buildir�g ciamage, vehicle cianr3ge, ar�d persoral inpiuy. 2. II�0 Eingineering o�uld vacate the facilities which mic�it allaa f� a busir�ess with a hi�er parkirx3 dena� to mwe in. This, again, wvuld create a parking situatian the City does mt want. 3. It is obviaus that IID E�gineering is out��aaing the facilities � available at the site. If they oontirnie to graa, a�a site wvuld be r�eoessary ar�d the peti tioner would mwe, which lmves the City with a vacant building ar�d rn oontrol of what busir�ess ar,d uses o�uld mwe in. The hir,h percent of lot ooverage oould then be detrimental to the pi��vperty. N�. Clark stated F�0 II�gineering came before the Appeals �nnission on Jime 14 with a varianoe requ�est in �der to expand their warehouse and offioe facilities. At that time, the Catunission a�proved the variances., but in re�nding �proval of the reduction in parking stalls, had stipulated that the property aarier lease or purdzase 65 feet of ac�cliti�al land fran the prvperty to the north for additional parking. At this time, IIIJ �ras back befoxe the C.a►anission because they had been unable to lease ar purdzase any additional propesty fran the vacant lat to the narth. Mr. Owczarzak stated the property owr�er to the north was n�t williux� to sell or lease any pivperty. He was wil].ing tc� giv+e then pexmission to build a parkir�g lot with � guarar�s. Mr. C1ark stated the differenae betwee.n this varianoe req�est and the varianoe request heard at the June 14th meeting was primarily that EID has put in sane parking alorig the w�est property line angled into the property at the w�est. Becsuse the petitioner fee]s that sinoe this is "esnplay�ee parking aily" in this APPEALS aQNIl�SSICN ��EPING, JULY 19, 1988 PAC� 18 area, he was haping he vould tandem park the cars because all the cars basically oarn and leave at the saQne time. Mr. Clark stated the loading dc�ck in the back discussed at the last meeting would not occur tmder this n�a plan as it was no lo�ger needed. Zhere wauld be parallel parking badc there. Mr. Sackrisca� stated that with the tandem parkir�g, they would have 12 m�re parki� spaves for a tiatal of 88 instead of 76. Nh�. Clark stated the decision has to be made naa whether the building is going to be too big witfi these additions for the lot and whether the parking is ever goirg tA be a prablem if it is reduced daan fn�n the �,; red 103 spaoes. Mr. Barna stated the oonoern he had at the last meeting was the future use of this building and the need for parking stalls in the future, because there was no guarantee ELO was going to be on this property forever. He stated that ather than lot 2, there was nr� plaoe for any mo�re e�ansicn and no plaoe for any off-site paricing. He stated they can say tY�ey do not want the building to go over the lot peroentage, but there was also the possibility that sa�day this building might be a warehouse and not need any m�re parking spaoe. So, he had a hard time aPP�ing these variances. Mr. Sackrison stated that really Mr. Owczarzak does not need the additional parkir�g, but it is required by the City. Dr. Vos stated that I,aNia� was granted a varianae to reduve their parking stall widths fonn 10 ft. to 9 ft, for e�loyee p�arking. Mr. C1ark stated that ELO oauld probably pick up anather 8-10� in parking sp�aoes if they were to rec�uoe the stall width fran 10 ft. to 9 ft. Mr. Sackrison stated they wnuld prefer nat to reduoe the width of the parking stalls. Mr. Owczarzak stated when they iirst got into the sheet metal busir�ess, they bui.lt parts and shipped th�n. Naa they are bui.lding ocx�lete units, all the internal parts and the frames, and asse�rbling the parts and shipping them. �e reasoai they are running out of rocan was because they have to carry a larger inventozy of parts. It was the style of manufacturing going cn naw that is h�ting ti�m. Dr. Vos stated he still thought IIA Engineering was one of the nicest lookinq businesses ori that end of toHm. He did not agree with staff saying that EIA might �ve out leaving the City with a vacant building and no control over the business and uses that �zld go in. He stated that oould be true of any petiticner requesting a varianae, a�d that was no reasan to deny a varianoe. Mr. Clark stated that, aesthetically, the property w�ould loak basically the same. ZYie oniy big problem is the parking. m + APPEALS 0.'k'Il�SSIOiN ME�TING, JULY 39, I988 PA(� 19 Mr. Barna stated that with the eoc�ncsny the way it is, it was hard to say what businesses are going to be like 10-15 years frccn naw. If EIA were ever to move aut, with that size of a buildirig, he c�ould see it divided and sublet i_nto at least 3 separate businesses. MJ�I'ICN by l�. Sherek, sevo�ded by Mr. Kwedzle, to close the public hearing. t)PCN A WICE Wri�, ALL Vt7I'ING AYE, Q�AIRPERSCN BAl�1A 1�CCARED � PL�LIC HEARING Ct�06ID AT 10:07 P.M. Nis. Savage stated she thought this property was an asset to the City of Fridley in the way it is maintained and the way it is l�ocated. It was a business that was not bothering any neic�Uors, and they are txying to be very c�pe.rative with the City. EID has tried its best to solve the parking problem, and she thought the City shauld now help them in any way possi.ble to solve these prablems. Mr. Kuedzle stated he found the ladc of parkir�g spaoes bothersoare, but he faund it equally bothersome to deny tlze variances for such a good business in Fridley. Dr. Vos stated he thaught it was rather ironic that a churdz is getting by with 8 spao�es aa�d here they are aryuing c7ver 10 3 versus 76 spaoes . He stated he was supportive of all the varianoes requested. Nh�. Barna stated he agreed. He oould sy�athize with staff's o�ncern abrnit having adequate parking for the square tootage of the building, but he auuld also foresee that if the business were to fail, sinve this was presently vwnerioccupied, the building oould be split iritA three builclings, and there would be different proble�. M7rI0N by Nls. Savage, sec�nded by Mr. Kuedzle, to reoannend to City Council approval of varianoe request, VAR #88-18, by EIA �gineering & Belt Line Construc�tion, pursuant tro Section 205.18. 03. C of the Fridley City C,ode to iriGrease the required maxim�m► lot �verage fran 40� to 49.5�; pursuant to Secticn 205.18. O5. D, (5} ,(dj , of the �idley City Code to reduoe the required minim�n hard surfaae setback fran the main building from 5 feet to 0 feet; pursuant tr� Secti� 205.18. 05. D, (5) ,(b) , of the Fridley City Cade to redu�e the required hard s�faoe setback fYrn► the sic3e lot lir�e fran 5 feet to 1 foot; pursuant to Sectiacz 205.18. 05. D, ( 4) ,(b) , of the Fridley City Qode to reduve the width of the one-way driving aisle fmn 18 feet to 10 feet; pursuant to Section 205.18.05.A of the Fridley C�ty Code to reduoe the required rnuciber of parking spaves fran 103 spaces to 76 spaoes; pursuant to Section 205.18.03.D.2 of the Fridley City Code to reduoe the minim,�n required side yard setback frcm 30 feet to 25 feet, with no stipillations, ta allaw the ocnstructiai of additional wareh�use and offioe spaoe, located on Ints 3 and 4, Bloc)c 3, East Ranch Fstates, the same being 7770 Ranchers R�ad. i�CN A VOIC� VD'I�, ALL ilO�I�TG AYE, Q�IRPERSCJrT BrA1d�IA I�Q�ARED � ND'IZCN Q�,FtRIID UNANIN�LY. Mr. Ba�ia stated this itsn woul,d go to City Qouncil c� Augtis� 8. APPEAIS �'Il�SSIC[�1 PEETING, JULY 19, 1988 PA(� 20 : � • J:��lu �!�NW Ni�ICN by Mr. Kuedzle, seoonded by D�. Vos, to adjourn the meeting. Llpo� a voive vate, all vating aye, QZairperson Barna declared the July 19, 1988, Appeals C.atmissian meeting adjourned at 10:15 p.m. Respectfully sub ' ted, Saba Reoo ' g Secretaxy �� .� � �ck.J�y�'7�L � ' (,G'. U°L�h� �/LCc 2�ty✓ � �!s22Qc�'Zh� Ci�!�ZC� /`��,6 /�� Q 7 ��5. /��t/,jc�'L,'� � " —� ~ � � �1 c� � t�.,: ;�,.� r�.;Y�-�� 5'=� � '� ,1. ��; p—�� ' � � �� J� �,t� < �� ,� �� y � �� .�1,�1 �_Z,A �,� fj � �' S •� � ��✓� �� r . /-`'�f�Vcl �..� } � � � ,r,�'� � �+F' _ %��',,� �i.��-w-�� '�.� 1��,�U tj ' �,�_.l , ;�,'j'`(:_`•'� � �1Can ' ^`' (.��ti .,)�-L �` �� '�'�c.J Z � , � C �, � - � � %� � -�� 1 � �. �� - � /� /o � - i � � �� ,.� y ,L��- � ��-� . �;�.',��;��.� ;�� "��;�� i � 7 - 7L� *=�' �� .� . ��=? . � � � � �� , ��i 1 �! � l�- � �-% � u�,1�'.�`t' �111 �%D1��11'��~� �,� � � � A•; PZ�;' r ti'� N:��"p � �f� ' �. �t<-! 4- ..� � o 0 0 �7�. � . .3 � / � � � � f'-v�.,, �, �Q �'� � � � (� e n j �,. �..; h S� . N � �' � _ - y �r�S<<� M►V SS `� 3•1 _ _ _ _ _ _- ______ _ _ CITY QF FRIDLEY APPEALS 0.'IMNIISSIC[J NEETING, AUGC�ST 2, 1988 C'AT•T• TO ORLIER: Ghairperson Barna called the August 2, 1988, Appeals Oamnission meeting to order at 7:33 p.m. ROLL C�1I.S.,: l��ers Present: Alex Barna, Jerry Sherek, Diane Savage Members Absent: Kenneth Vos, I�rzy Kuedzle Others Present: Derrel Clark, Q1�ef �uilding Official Karen Amold, C�an Corporation Vergil Florhaug, Construction Analyses Ni�nagement Thcsnas & Sandra Kallroos, 1466 Onondaga Street N.E. APPROVAL OF ,7L7LY 19, 1988, APPEAIS Q'��SSIpN NaNtTI'F5: M7I'IC[�I by M,. Savage, seoonded by Nr. Sherek, to apprwe the July 19, 1988, Appeals CU .�srnus iori minutes as written. LTPC�1 A VOICE W►I�, AI�L VOTING AYE, Q�ZRPII2SON BAl�1A DECLARED THE D�7PIOi1 CARRIID iJNANINDL�LY. 1. CCNSII.�E2P,TION OF A VARIANCE RDQUEST, VAR #88-20, BY ONAN O�RpORATION: Parsuant t� Section 205.03.55 of the Fridley City Oode to reduve the size of a parking stall frcxn ten (10) feet wide by twenty (20) feet lcng to nine (9) feet wide by eighteen (18) feet larig to allow the existing parking lot striping to remain, located ori Sectiari 12, Township 30, Range 24, that part of the south- east on�quarter lying nartheasterly of a line parallel with and 50-feet north- easterly of the follaaing described lin�e: Beginning at a point on the west line of said arie-quarter, 942.27 feet north of south arie-quarter corner thereof; thenoe southeasterly curving t.o tihe south, 29 minutes 42 seoo�ds, 1496.24 feet; thenoe southeasterly 1207 feet t� a point on the south line of said one-quarter 125.1 feet west of the sau�east vorner thereof and there terminating, subject to ease- �nt of rewrd, the sa¢ne being 1400 - 73rd Av�nue N.E.,Fridley, Nlinnesota 55432 M7�ICN by NL�. Savage, se�nded by Mr. Sherek, to apen the public hearing. UPON A VOICE VO►.�E, ALL VCIrING AYE, QiP,IRPERSGN B�Ai3�1A DEC�ARED ZHE PUBLIC HEARING OP�1 AT 7:35 P.M. Qzaizperscm Barna read the Ac�ninistrative Staff Report: t - a a!� APPEALS ��SSICN MEErING, AUC�IST 2, 1988 PAC� 2 �ISTRAT�E STAFF RE�RP 1400 - 73Yd Ave�e N.E. . _ VAR #88-20 X. ABLIC AJRFOSE SEI31ID BY R'q�UIIt'F�NTs Section 205.03.55 requires a parking stalt to be ten (lu) feet wide by bwenty (20) feet long to store or�e (1) autcmobile which has access to a public street or nght-of-way or alley and which permits access arxi �g�r�ess of an autanc�ile. Where a parkir�g stalt abuts a curb or sid�aalk, the lengt2i nay be reduced to eighteen (18) feet. Public purpose served b�► this requiranent is to provide adequate roo�► between v�i.cles. v• y� • -��.ti �• 1. 150 stalls wauld be lost it the restripirig was requiz�edt 2. The rature af the busir�ess is such that trafric in the lot nainly occurs at the shif t char�ge; 3. Zlze lot was just restriped in 19�6-87t 4. (�rs are s�aller ar�d therefore do �t need a 10 foot wide space. C. ADMIN�STRATNE S'PAF'F RB� �T: Or�an Corporation, the petitioner, is r�equestirx3 a variance for the size reduction of the required parkin9 lot stall from 10' x 20' to 9' x 18' for stalls r�t abuttir�g a cu� or side�ralk. Stalts that do abut a cuz� or sid�aalk will be reduced f iam 10' x 18' to 9' x 18' .'The parki ng lot is cuzz�ently striped with 9' x 18' stalts. Appro�cimately 150 stalls would be lost it the parking lot was restriped to oode requirenents. This would cause a parki� shorta9e for the 1, 60U (3 shi.tts) Oran e�layees. Trafric mainly occurs in the parkiru3 lot during emplvyee siuft cYiange and in the designated custaner/visitor parking. Restriping could cause averflow parking in the adjacent residential districts. Staff recom�nends approval of this variance with the following stipulati�: 1. Qistamer/visitor parki� to be striped with 10' x 20' or 10' x 18' stalls. , APPEALS C�A'I.TSSION N�'rING, AIK�JST 2, 1988 PAGE 3 Mr. Clark stated he had shawn the Camlissianers a 1- 100 scale plot plan of the entire Onan site shaaing the existing building as vaell as the existing parking lots. The only visitor lot was in th�e upper left hand oorner of th�e property. Mr. Clark stated the City has received similar requests fro�nn at least tw� other facilities--Unity Hospital and I�aMaur, Inc. In both cases, variances were grant,ed for 9 ft. parking stalls with visitor parking kept at 10 ft. Ms. Savage asked why the parking lot was striped at 9 ft. x 18 ft. stalls which is not city aode. Mr. Clark stated he could anly speculate, but he thouc,�t m4st striping contractors stripe 9 ft. wide stalls, because 95$ of the oocmiunities in the metropolitan area have 9 ft. wide stalls as standard. Mr. Florhaug stated the striping at Onan has been standard at 9 ft. x 18 ft. for many years. Each time the parking lots are updated, cleaned up, sealooated, and restriped, they have been restriped at the same size they have always been. Onan has never had any striging at 10 ft. x 20 ft. Ms. Arnold stated the original striping was done in 1967 when Onan was built. Mr. Sherek asked why Onan was naw requesting a variance for 9 ft. stalls. Ms. Arnold stated Onan is planning to add a small structure to their technical oenter. 4dzen Kathy Castle, Planning Assistant, visited the site, she noticed that the stalls were striped at 9 ft. and suggested Onan apply for the variance. Mr. Barna asked if the visitor paY�cing was designated as such so that visitors oaning into the lot knew where to park. Ms. Arnold stated the visitor parking was clearly marked. It was the first park- ing lot right off 73rd Way. Mr. Clark stated staff was suggesting that the visitor parking be restriped to 10 ft. x 20 ft. or 10 ft. x 18 ft. He stated if this restriping is done, it will reduce the visitor stalls fran 40 stalls to 36 stalls. Mr. Sherek asked if this reduction in vi.sitor parking stalls wr�uld be a problem. Ms. Arrbld stated it would not. Mr. Barna stated that all the visitor paY�sing was up against the curb, so 10 ft. by 18 ft. stalls would meet oode. MUTION by Mr. 5herek, seconded by rLs. Savage, to close the public hearing. UPON A VOICE VO'I'E, ALL WTING AYE, CHAIRPERSON BARNA DDCI,F� THE PUBLIC HEARING C�ASID AT 7:45 P.M. Y APPEALS CC[�M�IISSION N1EE.TING, ALIGUST 2, 1988 PAGE 4 � Ms. Savage stated she wnuld be in fawr of recanreriding to City Council appraval of this variance. A precedent has been set in that t�a�o other facilities were granted variances for 9 ft. wide parking stalls. The alternative seem�ed vaorse than the current situation in that emplayees could be parking in residential areas with the reduction of 150 parking stalls . Tt�e striping was existing, and it did not seem harnnful to the city to a71aw the 9 ft. stalls to rgnain. Mr. 5herek stated he would also be in favor of reoam�ending approval of the varianoe. He stated the par3cing lots do get quite full, and he did n4t see any reason to require Onan to reduce their parking spaoes. Mr. Barna stated he has stat�eci in the past that in Mirinesota, once winter comes and the snaw falls, the striping disappears and becac�es meaningless. He had no objectiari to allawing Onan tA o�ntinue with the 9 ft. stalls whic3l currently exist. MCnION by Ms• Savage, seo�nded by A'ir• Sherek. to re�nd to City Council approval of variance request, VAR #88-20, by Onan Corporata-an. Pur'suant to Sect�an 205.03.55 of the Fridley City Code to reduoe the size of a parking stall from ten (10) feet wide by twenty (20 ) feet long to nine (9 ) feet wide by eic,�teen (18 ) f t. long to allow the existing parking lot striping to ranai.n, at 1400 - 73rd Avenue N.E. with the stipulation that the visitor parking stalls be restriped to ten (10) feet by eight.een (18) feet. UPON A VOICE VC)TE, ALL WTING AYE, CHAIRPF�t.SQN BARNA D� Ti� MOTION CARR�D UNANIl�ICxJSLY. Mr. Barna stated this it�em would go to City Council on August 22. 2. CONSIDERATION OF A VARIANCE R�QUEST, VAR # 88-21, BY TH(NII�S KAId�t00S : Pursuant to Section 205.07.O1.B, 1), of the Fridley City Code to increase the total floor area of all acoessozy buildings fran 1,400 sq. ft. to 1,868 sq. ft. to allaw the oonstructian of a third accessory building because the total floor area of all acoessory buil:dings shall mt exoeed 1,400 sq. ft. in a residential zoaze; and pursuant to Section 205.07.O1.B,(4), of the Fridley City Code to increa.se the squar�e footage of an acoessory building fran 1,000 sq. ft. to 1,196 sq. ft., located on Lot 22, except the west 85 feet, Auditor's S�bdivision No. 129,.the same being 1466 Onondaga Street N.E. MOTION by Mr. Sherek, seoonded by Ms. Savage, to open the public hearing. UPON A VOICE VOrI*E, ALL VOTING AYE, CHAIRPg2SON BARL�IA D�CLARID TI� PUBLIC HEAR.ING OPII�1 AT 7:49 P.M. Cha;*�rson Barna read the Ac�iinistrative Staff Report: APPEAI�S �ISSION MEErING, ALKZJST 2, 1988 PAGE 5 ; !;� �� ►-�t4� � , v• •��+•• •� 1466 Ornr�daga Street N. E. VAR #88-21 A. P[BLIC PURP�SE SE1d�ID BY R$2UIRII�Tr: Section 205.Or1.O1.B, (1) requires the total floor .area of all accessory buildirgs to mt E�oceed 1,40U square feet. Public puipose served b� this requira�eent is to elimir�ate the condition of overcrawding in residential ar�s. Section 205.07.O1.B, (4), (a) requires the equare footage of an accessory build.ing to rnt esaceed 100� of the first floor area of the c�velling unit or a imximtan of 1, 000 square feet. Public purpose served b� this requi renent is to maintain the residential quality of the neighborhood by limitir�g the size af accessory structures. B. STATID HAF�.SHIP: "StArage for boat, bikes, sr�ownxabile, lawn furniture, mowers, wood hobby shap. Have to mwe shap f ran ba sanent because af ny family' s a l l ergi es , astY�a. Also, I feel the size of the lot Z have would make a dif f erer,ce--85 f t. b� 3 00 f t. deep. C. A�MIAIIS'TRAT�I E SPAFF RE� �V: The peti tioner' s pro�erty is 80 f eet wide arr3 301 f eet deep arri conta i ns in excess of 24, 000 sq. ft. He presently has a two car attached garage ar�d a 12 ft. b� 16 ft. storage shed with a total of 6�/2 sq. ft. He would �w like to build a large 26 ft. b� 46 ft. garage to house his personal praperty ar�d also space for a s�wp that he mw has in his basement. In addition to these variance requests, he has also applied for a speci.al use pernut for mr�re than one accessory building which will be heard by the Planning Co�nunission on August lU, 19t�l3. If he is allowed to construct this r�ew c,�rage, his total lot ooverage wi11 be abrnit 13$. If the Ap�ls Catmission approves this request, it s,hould be stipulated that it is contingent upon City Council approval of the special use permit. Mr. Clark stated that Lot 28 has been split so the 73 1/2 Avenue cul-de-sac dces not extend as far as the petitioner's lot (Lot 29) , and there was no way of knowing if it ever would. He stated there were apartment buildings an Lots 23 and 25 (fronting on 73rd Avenue) �ich pretty w�ell restricted double frontage lots for Lots 22, 24, and 26. Mr. Clark stated the petitioner presently has a two car garage (24 ft. x 20 ft.), a 16 ft. x 12 ft. existing shed, and Y�e would like tro build a 26 ft. x 46 ft. building. The petitioner was in oode oonplianoe without the proPosed building, because he was allawed to have twr� acoessory buildings, provic�ed the seo�nd one does not exoeed 240 sq. ft. Because of the third building, he must also apply for a special use permit. Because all these buildings added together exceed 1,400 sq. ft. and the largest building exoeeds 1,000 sq. ft., the petitioner needs variances to do �at he wants to do. �. ' 1 , APPEALS CQ�M'LZSSION N�rING, AUGUST 2, 1988 PAGE 6 Mr. Clark stated that prior to the variance application, he had discussed with Mr. Kallroos the r�eed for such a large building. He stated it was a big lot, about twice the depth of a norn�al lot, so lot cdverage was not a wnsideration at all. It was his understanding the building would be one-story and would meet the heic�t require�nents. The exterior would match the exterior of the house. Mr. Barna`stated the proposed building was shc�m set back 30 ft. froan th�e rear lot line. If the lot was ev�er split, would the 30 ft. setback meet a front yard setback for the new lot? Mr. Clar�c stated 25 ft. wnuld be used for street, whidz would mean that the building would only be 5 ft. off the 50 ft. rightrof-way, so it would not meet any requireqrents for frant yard setl�acks. In order tA locate the buiiding an the lot if the lot were ev�er split and tl�e proper setback was used, it wauld have tA be set back 60 ft. fro�n the rear property line. Mrs. Kallroos stated she did r�t ]�yow hbw the street could ever go through because of the apartment bui.ldings back there. Mr. Sherek stated he believ�ed the discussian has always been of extending the street to the apartsnent buildings and then exiting past the apartznent buildings onto 73rd Avenue. He did not think there w�ere any plans that included Mr. Kallroos' ProPert�' • Ms. Savage asked about the hardship. Mrs. Kallroos stated that within the last few years, she has developed allergies and asthma. 5he must take shots and use a.breathalizer. 5he is very allergic to wood dust, and woodworking is her husband's hobby. Their son also has allergies, so the w�ooc�rking must be m�v�ed out of the hause . Ms. Savage asked why the petitioner needed such a large building. Mr. Kallroos stated he would like to get as big a building as he can. Mrs. Kallroos stated they have a boat and srxx�mxabile, an extra car, and other ec�uigrent, plus the wooc�Arking shop. They would like to store these things inside rather than having to leave them outsic�e. Mr. Kalliroos stated that regarding the exterior of the buildinq, his Y�ouse was r�u� oedar and the riew buiTding w�uld be irou� fir. He stated he would also be putting up a privacy fenoe. Mr. Kallzvos stated he had a letter fran his nei.ghbor at 1434 Omndaga who had no abjections to the new building. MO►rION by Ms. Savage, sev�nded by Mr. 5herek, to receive the letter fro�n► Harriet Hjort, 1434 Ornndaga Street, stating she had no abjectian to the additional accessozy building proposed by Mr. Kalliroos. UPON A VI�ICE VO�I�, AI�, VOTING AYE, CE�IRPg2.SaN BARNF� DDCI�FiID Tf� NNIQTION CARRI�U UNP,NIl�7CXJSLY . � o APPFI�IS �NY�ISSION MEErING, ALK�UST 2, 1988 PAGE 7 Mr. Kallroos stated his other neighbor also did not cabject to the building, and he would hav�e that lettex available at the Planning Co�mussion on August 10. Ms. Savage stated she was just c�noerned about the size of tl�e n�ew builcling. It was practically as big as the house. N10►�I�i by Mr. Sherek, se�nded by Ms. Savage, to close the public hearing. UPON A VOICE VOR'E, ALL VO2ING AYE, CF�,IRPER.SON BAFti� DF]C�RID TI� PUHLIC HE1�IRING CLOSID AT 8:05 P.M. Mr. Sherek stat.ed he was in favor of granting the varianoe. The public pi�poses served by the oode requirements w�re to eluninate the condition of overcrawcling in residential areas and to maintain the residential quality of the neighborhood by limiting the size of acoessozy structures. He stated he felt this was a special situation with this lot. The ha�lsr.ip by itself did not necessarily degn that a building of this size was necessary, but he did not think it would cause any prabl�. The lot was very large, and the new building would be next to the apartment buildi.ng garages. The building would riot loak like such a large building i.n �arison to the garages. Mr. Barna stated this was not the first time a huge garage was built in the City of Fridley. He stated some lazge garages loak out of place and scme do not--it depended upon the plac�nent and the design. In this particular instance, it would not look aut of place. He found the harc�ip, asthma and allergies to wood dust, to be a viable hardship. T'here wr�uld be no driveway to th�e building, and the back yard wuuld be landscaped. He felt granting the variance w�uld still be in keeping with the intent of tYre code. Ms. Savage stated she still had soane reluctance with this request because she felt extra lan�e accessory buildings can tend to aesthetically spoil the residential character of a neighborhood. However, she o�uld understand the petitioner's reason for wanting such a large building. SYye stated she had been persuaded by her fellaw oo�nissioners that the spixit of the code would still be met. The large lot was an in�ortant factor in this case. 5he wuld clearly understand the hax�dship that has been descri.bed, and she would vot�e in favar of the variance. MO►I'ION by Mr. Sherek, seconded by Ms. Savage, to approve varianoe request, VAR #88-21, by Thanas Kallroos, pursuant to Sectian 205.07.O1.B,(1) of the Fridley City Code to increase the total floor area of all accessory buildings fran 1,400 sq. ft. to 1,868 sq ft. to allaw the oonstruction of a third accessozy building; and pursuant to Sectian 205.07.O1.B,(4), of the Fridley City Code to increase the square footage of an acoessozy building from 1,000 sq. ft. to 1,196 sq. ft., located on Lot 22, exoept the west 85 feet, Auditor's Slabdivision No. 129, the san�e being 1466 Onondaga Street N.E., with the stipulation that the variance was vontingent upon City Council approval of the special use pe�nit. UPON A VOICE VO'1'E, AI� VOTING AYE, Q�IRPERSON BARNA DDCLARID TI� MQTION CARRIID UNAN7MWSZY. Mr. Barna stated this item would cp to City Coun�cil on Auc�ust 22. APPEALS C(�1NiISSION N�E.TING, AUC�JST 2, 1988 PAGE 8 . � � • � i� M(nION by Mr. Sherek, seoonded by Ms. Savage, to adjourn the nleeting. Upon a voioe vote, a11 voting aye, Chairpersoa� Bar'na declared the August 2, 1988, Appeals Cam�dssioai meeting adjaurned at 8:15 p.m. Respectfully su�n�tted, �� Saba ' Recording Secretary �� ~: � unroF FRl DLEY PLANNING DIVISION MEMOR.ANDUM T0: Planning Commission Members Community Development Department Staff Surrounding Property Owners FROM: Kathlyn Castle, Planning Assistant DATE: August 4, 1988 REGARDING: Rezoning Request, ZOA ��88-02 Continental Development Corporation formally withdrew their rezoning request, ZOA 4�88-02, to rezone part of Lot 11, Auditor's Subdivision No. 155 from R-1, Single Family Dweiling district to R-3, General Multiple Family Dwelling district. After soil tests were completed, it was determined that the project is financially•unfeasible. If you have any further questions, please contact me at 571-3450. KC/dn M-88-194 , 2