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PL 09/27/1989 - 7102PLAFBING COMMI�IISSIOR MEETING AGENDA iiEDFESDAY, SEPTffi�gg 27, 1989 7:30 P.�. Barbara Dacy Planning Coordinator City of Fridley A.G E N D A PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 27, 1989 ?:30 P.M. LOCATION: FRIDLEY MUNICIpAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: „/� aQ �Pi'Vc• APPROVE PLANNING CONII�IISSION MINUTES: September 13, 1989 �.... va c� orr.�,1[iL UAl.: Y�KM1T SP #89-11, BY ORTHODOX CHURCH OF THE RESURRECTION OF CHRIST INC : Per Section 205.07.O�..C.2 of the Fridley City Code, to allow churches in a residential district, on Lot 3, Block 1, Parkview Oaks First Addition, the same being 1201 Hathaway Lane N.E. PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA 89-04 BY ASHLAND OIL COMPANY (RApID OIL): To rezone Lot 4, Block 6, City View Addition from R-2, Two FamiZy Dwelling to C-2, General Business, the same being 5701 University Avenue N.E. CONSIDERATION OF AMENDMENTS TO THE CITY SIGN CODE CONSIDERATION OF COMPREHENSIVE PLAN UPDATE "HOUSING" CHAPTER RECEIVE THE MINUTES OF THE JOINT ENVIRONMENTAL UALITY COMMISSION/ENERGY COMMISSION MEETING OF AUGUST 15 1989 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF SEPTEMBER 5. 1989 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF SEPTEMBER 7, 1989 OTHER BUSINESS: Anoka County Regional Railroad Authority Newsletter on North Light Rail Transit Study ADJOURN: CITY OF FRIDLBY PLANNING COMMIBBZON 1�ETIN(3, 68�EMBER 13, 1989 --------------------------------------------•------------------ CALL TO ORDER: Chairperson Betzold called the September 13, 1989, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Jerry Brill, Ashland Oil Jack Lemley, Ashland Oil Darrell Olson, City Sports Mark Langer, City Sports David Larson, 7890 Hickory Street N.E. APPROVAL OF AUGUST 30 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Rondrick, to approve the August 30, 1989, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-12. BY ASHLAND OIL CO (RAPID OIL): Per Section 205.14.O1.C.5 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service on Lots 1 through 3, Block 6, City View Addition, the same being 5701 University Avenue N.E. OTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTL � ALL VOTIN�3 AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINAI�FIMOIISLY AND THE PIIBLIC HEARING OPEN AT 7 s 36 p.M. Ms. McPherson stated Ashland Oi�, who owns the parcel in question, is proposing to demolish the existing Rapid Oil facility located at 5701 University Avenue N.E. The parcel is zoned C-2, General yAN1iTIpd COMMISSION MEETING. BEPTEMBER 13. 1989 - PAGE 2 Business. The existing buildinq sits on the eastern portion of the lot withtioner currently owns Lots le U�i of thi particularnarea. The peti Ms. McPherson stated the petitioner recently applied for two variances, one for lot area and one for building setback to University Avenue. After reading staff's recommendation for the variance request, the petitioner withdrew that request and is in the process of rezoning Lot 4, which is currently vacant and is zoned R-2, Two Family Dwelling, to C-2, General Business. The rezoning will allow Ashland Oil to combine Lot 4 with Lots 1, Z, and 3 and create a building site which will conform with the current Zoning Code. For the rezoning, the petitioner has submitted a revised site plan which shows the alignment of the building which conforms to all the required setbacks, as do all hard surface areas. Ms. McPherson stated staff realizes that the initial application was for Lots 1, 2, and 3 of Block 6, and staff is recommending the Planning Commission recommend approval of Special Use Permit, SP #gg-12, by Rapid oil, contingent upon the approval of the rezoning of Lot 4. She stated staff is recommending the following stipulations: 1. A grading and drainage plan shall be submitted to be approved by the Engineering staff prior to issuance of a building permit. 2. Ashland Oil shall record the easement and restrictive covenant required from the previous special use permit process for the site at 75rd Avenue and Highway 65. 3. The petitioner shall combine Lots 1, 2, and 3 with Lot 4 into one tax parcel. 4. Approval of the special use permit shall be contingent upon the approval of the rezoning application of Lot 4. 5. No building permit shall be issued until the contamination clean-up has been completed and has satisfied MPCA standards. Mr. Betzold stated the Commission members had received a copy of a memo dealing with soil contamination on this site. Ms. McPherson stated soil testing and water testing is being done, both on this site, and on the Hardees Restaurant site. Staff is recommendinq five stipulations with the recommendation of approval. Of the five, one stipulation is that Ashland Oil will not be issued �LANNING COl�lI88ION MEETIN<3, BEPTEMBER 13, 1989 PAGE 3 a building permit for their new building until the contamination clean-up work has been completed and satisfies MPCA standards. Mr. Betzold stated another issue is that this part�icular area of University Avenue is being looked at as a possible corridor for light rail transit. Has staff had any input from the County as far as a"park and ride" facility at this location? Ms. Dacy stated the Anoka County Regional Railroad Authority is still in their design process. The Committee has identified the intersection of 57th as being a potential target for a park and ride site. The Authority has also considered some of the Planning Commission�s recommendations about possible park and ride facilities at the vacant property on Osborne Road and the Immanuel Christian Center's parking lot. However, there has not been any formal review by the Anoka County Regional Railroad Authority regarding Rapid Oil's site plan. They are still investigating various locations. Mr. Dahlberg asked if staff has discussed with the petitioner some of the issues the Planning Commission discussed regarding light rail transit for this particular site. Ms. Dacy stated that in a conversation with Bob Mikulak at the time of Ashland Oil's application about 1/2 month ago, she made them aware that Anoka County is considering University Avenue as a light rail corridor, but she did not discuss specifics. Mr. Jerry Brill, attorney representing Ashland Oil, stated they have never been aware of a consideration of light rail transit for this area. This was the first they had heard about it. Mr. Dahlberg stated that in initial discussions with the Anoka County Regional Rail Authority, they had illustrated that there would be several options available relative to where parking areas could be located near this intersection. They had suggested there could be some on the west side of University Avenue and pedestrian traffic across University Avenue to get to the LRT stop. The Planning Commission's discussion suggested they would rather see the park and ride facilities on the same side of University Avenue as the stop (east side of University Avenue). The Commission suggested that the site at 57th and University miqht be an appropriate location for a park and ride facility. Mr. Brill stated that regarding the property, he had raised the question to Ms. Dacy about the need for a special use permit. They initially started with a request for a variance, and it turned into a request for a special use permit. There had been a direct service station on this property for quite a number of years before it turned into a Rapid Oil Change facility. Staff cannot find any records that there has ever been a special use permit issued for LANNING COMMISSION MEETINa 8$PTEMBER 3 1989 - PAGE 4 If that either the direct service station or the Rapid Oil Change. ested is the case, it becomes a nonconforming use. Staff has sugg that the special use permit procedure was added to the ordinance after the use was already there. He questioned whether they really tinue the same needed a special use. If it is expand without a an expansion. use permit or if they can just con i nonconforming use, they might not be able to special use permit, and this might be considered Mr.. Betzold stated the City Attorney could look at this issue before this item goes to City Council. However, the City Attorney's position might be that even though it is the same service, by the fact that the facility is going to be torn down and rebuilt, the City wants the property to be legal nonconforming. Ms. Dacy stated she did discuss this issue with the City Attorney, and that is another part of the analysis. She wanted to clarify that there has always been a request for a special use permit. It did not originate as a variance and turn into a special use permit. There has always been a variance and special use permit, and the variance has turned into a rezoning. Mr. Brill Sine cust mersnbecause theefac li y i f oldeand�outtof They are los g style. Mr. Kondrick asked if the petitioner has any problems with the five stipulations recommended by staff. Mr. Brill stated they are in agreement with the stipulations. Mr. Betzold stated the fact that Ashland Oil wants to improve the site is very much appreciated. He stated by Ashland Oil bringing in this request, it is going to force other governmental entities to make some decisions regarding the long range plans for this site. Mr. Jack Lemley, Ashland Oil, stated Ashland Oil is losing money with this old Rapid Oil facility. The facility does not look good, and people are going elsewhere. They have seen an increase in business at their new 73rd Avenue/Highway 65 Rapid Oil facility. They want to get rid of the eyesore and get a n= fia �e ity in there that they and the City can be proud of and app Mr. Rondrick stated�he rail tran it might be goingtin e petitioner understand that lig OM TION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing. �LANNIN�3 COMMISBION MEETING. BEPTEMBER 13. 1989 PAGB 5 IIPON A VOICE VOTE, ALL VOTINa AYB, CHA�RPERSON BETZOLD DECLARED T8E PIIBLIC BEARINQ CL08ED AT 7550 P.M. Mr. Betzold asked if this special use permit request should be called to the attention of the Anoka County Reqional Rail Authority. Mr. Dahlberg stated he would suggest that before Ashland Oil would elect to proceed with any potential development on the remaining property they own east of the subject site, they contact the County to discuss their options at that time. Mr. Dahlberg stated that regarding stipulation #2, that Ashland Oil record the easement and restrictive covenant required from the previous use permit for the site at 73rd and Highway 65, he did not think that issue should be tied to this request, even though it should definitely be done by Ashland Oil. Ms. Dacy stated she respected that opinion. Staff wanted to alert Ashland Oil that this item has not been done. Mr. Lemley stated he was not aware this had not been done, and stated he will make sure the easement and restrictive covenant for the 73rd and Highway 65 site are recorded at the County. The Commission members agreed to delete stipulation #2 from the recommended stipulations with the assurance from Mr. Lemley that this will be taken care of by Ashland Oil. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #89-12, by Ashland Oil Company (Rapid Oil), per Section 205.14.O1.C.5 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service on Lots 1 through 3, Block 6, City View Addition, the same being 5701 University Avenue N.E., with the following stipulations: 1. A qrading and drainage plan shall be submitted to be approved by the Engineering staff prior to issuance of a building permit. 2. 3. 4. The petitioner shall combine Lots 1, 2, and 3 with Lot 4 into one tax parcel. Approval'of the special use permit shall be contingent upon the approval of the rezoning application of Lot 4. No building permit shall be issued until the contamination clean-up has been completed and has satisfied MPCA standards. pLANNING COMMI88ION MEETIN6. BEPTEMB$R 13. 1989 - PAd$ 6 i II�N A VOICL VOTE, ALL VOTINd AYE, CBAIRPSRSON BBTZOLD DBCLARED MOTION CARRIED �NANIMOIISLY. Ms. Dacy stated that the Planning Commission will hear the rezoning request by Ashland Oil on September 27. At the petitioner's request, the special use permit will be held until both the special use permit and rezoning can be heard at the City Council at the same time. 2. UBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �89-13 BY WAYNE DAHL: Per Section 205.07.O1.C.1 of the Fridley City Code to allow a second accessory building to exceed 240 square feet on Lot 20, Block 1, Sandhurst, the same being 177 Hartman Circle N.E. Mr. Betzold stated the petitioner, Wayne Dahl, has the special use permit and vacation applications accessory building be tabled. He stated that since be republished and the neighbors renotified, there open the public hearing. requested that for a second this item will was no need to 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP 89-14 BY TED HAINES AND DIANE JORGENSON FOR CITY SPORTS: Per Section 205.14.O1.C.3 to allow enterprises having merchandise in the open and not within an enclosed structure; per Section 205.14.O1.C.8, ta allow exterior storage of materials and equipment, located at 7191 Highway 65 N.E. pM TION by Ms. Sherek, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON B$TZOLD DECLARED THE MOTION CARRIED IINANIMOOBLY, AND THS BIIBI+IC HEARING OPEN AT 8:03 p.M. Ms. Dacy stated the Planning Commission considered a rezoning on the subject property at their June 21, 1989, meeting. On July 24, 1989, the property was rezoned from R-3, General Multiple Dwelling, to C-2, General Business. Originally, as a stipulation of the rezoning, the Planning Commission recommended a stipulation regarding no outdoor storage or outdoor sales. After the Planning Commission meeting, the petitioner requested an opinion from the City Attorney as to whether or not that stipulation could be imposed. Included 'in the agenda packet was a memo from Mr. Herrick dated June 29, 1989, in which Mr. Herrick stated that the Code for the C-2 District does authorize the outside storage of recreational vehicles, boats, etc., upon obtaining a special use permit. Mr. Herrick stated: "It is my opinion that because the Code provides for outside storage, either with a special use permit or if the stored materials a ect the C ty to ra claim that athis propertyrwas storage would sub� PLANNING CO1�Il�IIBSION MEETINa BBPTBMBEA 13 1989 - pAG$ 7 being singled out for more restrictive treatment than other C-2 property.�� Ms. Dacy stated the proposed exterior storage is to be located at the rear of the building and in the parking lot. The area for exterior storage behind the building will be for vehicles that are waiting to be serviced. The area to the rear of the lot will be used for water toys, snowmobiles, and trailers. Ms. Dacy stated the second request is for permission to display up to four '�units�� or vehicles in front of the building at the southwest corner. The petitioners� intent is to display either four snowmobiles, four personal watercraft items, or four all terrain vehicles (ATV's). The petitioners are proposing to add another four foot section of the sidewalk to provide extra room for the overhang of parked cars as well as to make room for the four vehicles to be displayed. The vehicles are to be confined to the sidewalk area immediately adjacent to the curb island at the southwest corner of the building. The petitioner wants to display these vehicles during business hours, 9:00 a.m. - 9:00 p.m. Monday through Friday, and 9:00 a.m. - 5:00 p.m. on Saturday. Ms. Dacy stated that in evaluating this request, staff looked at past applications in the City of Fridley as well as existing conditions of the character of the area. Typically, the policy has been to try to restrict outdoor storage and outdoor display so that it does not cause a severe visual impact. Given that some of the existing uses to the north (SuperAmerica) and south of the site (All Season's Mobile Home Sales) did receive approval for outdoor storage and outdoor display, what is being proposed, in staff's opinion, would not cause a serious visual impact along the corridor. As far as outdoor display is concerned, the proposal is limited to four vehicles during business hours only and will not occur overnight. As far as the outdoor storage area, the building acts as effective screening of the storage area behind the building. There are existing mature trees between the proposed storage area and 72nd Avenue. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of SP #89-14 with the following stipulations: 1. The display vehicles shall be located at the southwest corner of the building on the sidewalk. 2. The storage areas sha.11 be screened with an eight foot chain link fence with slats. 3. The materials to be stored shall not exceed the heiqht of the fence. a pLANNING COMMIBSION MEETING BBPTEMBER 13 1989 — PAG$ 8 4. 5. 6. The petitioner shall submit a landscaping plan to include the installation of ivy plantings along the chain link fence line exposed to 72nd Avenue and trees and shrubs to replace any dead or dying vegetation along the 72nd Avenue boulevard and to provide additional screeninq along the street. The parking spaces along the south side of the building shall be five feet from the building. Permission to display four vehicles does not include cars, boats, or recreational vehicles. Ms. Dacy stated the petitioners contacted her prior to the Planning Commission meeting to clarify the intent of stipulation #6• The intent of this stipul�tion is to state that the primary merchandise is snowmobiles, personal watercraft, and ATV's, smaller vehicles, and staff'Sermoremof atvisual mpact.a Recreationalevehiclesecould would impos include mobile homes, campers, etc. Mr. Darrell Olson, representing City Sports, stated they are also requesting barbed wire for security purposes. Ms. Dacy stated the City has, in other applications, restricted the use of barbed wire. However, as pointed out by the petitioners, some of the junkyards just two blocks north do use barbed wire as a security measure. It is staff's recommendation to not permit the barbed wire, because it is one more item on the fence that would not give it a clean appearance. Mr. Barna statne hat thea four "vehicles"n are� sohethere 1 isl�a needs to defi limitation on the size of those vehicles. . Mr. Olson stated he is in agreement with the stipulations including the restriction of the space. They would still like to have barbed wire on the fence. Customers' snowmobiles are stored in the area behi.nd the building and anyone could climb the fence and steal parts off the snowmobiles. They need the security that barbed wire can give them. Mr. Olson stated that regarding problem with specifying what the Barna. stipulation #6, he would have no vehicles are as suggested by Mr. Mr. Betzold He a a notckn w howr theyecouldPprohibit the use f of security. barbed wire. � PLANNING COMMIBSION MEETING BEPTEMH$R 13 989 - p ag g Ms. Sherek asked if the petitioners had explored any other alternatives for security such as an alarm. Mr. Olson stated they intend to put an alarm on the fence in addition to the barbed wire. Ms. Sherek stated she also could appreciate the petitioners' need for security. Ms. Sherek asked if the rear storage area was for the petitioners� stock in trade or customers� vehicles. Mr. Olson stated it will be their stock. They do not intend to rent space and store customers� property. Ms. Sherek stated tha� regarding stipulation #1, she would like it to be more specific to limit the display vehicles to the sidewalk area only so that vehicles do not end up being displayed out on the right-of-way. Mr. Dahlberg stated that regarding stipulation #3, were the materials to be stored to not exceed the height of the fence at 8 ft. or the top of the barbed wire? Ms. Dacy stated the materials should not exceed the height of the fence at 8 ft. Mr. Dahlberg stated the height should be defined in stipulation #3. OTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. �PON A VOICE VOTE � ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE PIIBLIC HEARING CLOBED AT 8:20 P.M. - OTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #89-14, by Ted Haines and Diane Jorgenson for City Sports, per Section 205.14.O1.C.3 to allow enterprises havinq merchandise in the open and not within an enclosed structure; per Section 205.14.O1.C.8, to allow exterior storage of materials and equipment, located at 7191 Highway 65 N.E., with the following stipulations: 1. The display vehicles shall be confined to the sidewalk at the southwest corner of the building. 2. The storage areas shall be screened with an eight foot chain link fence with slats. 3. The materials to be stored shall not exceed the 8 foot height of the fence. pLANNING COMMISSION MEETING BEPT�B$R 13 989 - PAGE 10 4. The petitioner shall submit a landscaping plan to include the installation of ivy plantings along the chain link fence line exposed to 72nd Avenue and trees and shrubs to ruel boul vard and rtoy prov d etadd tional g screening Aven along the street. 5. The parking spaces along the south side of the building shall be five feet from the building. 6. Permission to display up to four snowmobiles, personal watercraft, and ATV's. This does not include cars, boats, or recreational vehicles. Ms. Dacy stated this item will go to City Council on October 2, 1989. 4. CONSIDERATION OF A VACATION SAV #89-04, BY DAVID LARSON: To vacate the west 27 feet of a 57.5 foot existing east/west easement on Lots 7 and 8, Block 4, Onaway Addition, generally located a 7890 Hickory Street N.E. Ms. McPherson stated the petitioner, David Larson, is the owner of MinnegDld, Inc., located on Hickory Street N.E. next to the Burlington Northern Railroad tracks. The property is zoned M-2, Heavy Industrial. Approximately midway through the parcel there exists a 30 ft. drainage/utility easement that extends into the parcel 57.5 ft. This easement was dedicated when Hickory Street was vacated to ensure there would be adequate sewer service to adjacent properties. Within the easement there is a sewer line. The sewer line deadends on Mr. Larson's property. Ms. McPherson stated Mr. Larson is proposing to vacate 27 feet of the 57.5 feet which would allow approximately 11 feet between the building and the manhole for service vehicles' access to the sewer line. Ms. McPherson stated staff has discussed this vacation with the Engineering Department, and they do not foresee any need for the extension of the sewer line farther into the site and, therefore, had no objection to the vacation of the easement. Ms. McPherson stated staff is recommending the PlanniDavid Larsonn recommend approval of the vacat�ion, SAV #89-04, by with the following two stipulations: 1. A grading and drainage plan shall be submitted for Engineering staff's approval prior to issuance of a building permit. PLANNINQ COMMISBION MEETINQ. B�PTEMBER 13. 1989 PAG$ il 2. A landscape plan should be submitted for staff approval prior to issuance of a building permit. Mr. David Larson stated he has no problem with the two stipulations. There already is a retention pond on site, and it will be engineered. The landscaping will be done nicely. He stated he did not know the vacation process was such a lengthy process. He would like to construct the addition yet this fall. If he cannot build this year, he does not know if he will do it. He asked if there was any way this process could be speeded up. Ms. Dacy stated staff has discussed this with Mr. Larson. She told him that on Monday, September 18, staff is asking the Council to go ahead of schedule and establish the public hearing for October 2, and also schedule the first reading of the ordinance on October 2. The second and final reading will be on October 23, 1989. Typically, the Council holds a public hearing and does not read the first reading until two weeks after the public hearing. In the past, the City has allowed a land alteration permit and grading to occur prior to the second and final reading at the applicant's risk. OTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of vacation, SAV #89-04, by David Larson, to vacate the west 27 feet of a 57.5 foot existing east/west easement on Lots 7 and 8, Block 4, Onaway Addition, generally located a 7890 Hickory Street N.E., with the following two stipulations: 1. A grading and drainage plan shall be submitted for Engineering staff's approval prior to issuance of a building permit. 2. A landscape plan should be submitted for staff approval prior to issuance of a building permit. The Planning Commission also recommends that staff expedite this vacation request as quickly as possible. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIItPBR80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. GONSIDERATION OF A VACATION SAV #89-05 BY WAYNE DAHL: To vacate the south five (5) feet of a ten (10) foot utility easement in Lot 20, Block 1, Sandhurst, the same being 177 Hartman Circle N.E. Mr. Betzold stated this item will be republished and the neighbors renoti f ied . 6. �ECEIVE THE AUGUST 10 1989 HOUSING AND REDEVEIAPMENT AUTHORITY MINUTES: o� TIpN by Mr. Kondrick, seconded by Mr. Saba, to receive the August 10, 1989, Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dahlberg referred to Item 10-a of the Auqust 10, 1989, Housing and Redevelopment Authority minutes on SBF Development Corporation, in which Mr. Robertson stated: "SBF Development Corporation is proposing the redevelopment of the old Cub Foods Store site on the southwest corner of University Avenue/Osborne Road. Contrary to their expectations and their reassurance to the City Council that they would be able to secure total financing for the project, they are asking the City to underwrite about 10� of what is represented as a $5 million project." Mr. Dahlberg stated the City has been very cooperative in granting them a rezoning, a plat, a vacation, and variances to allow them to go ahead with this development. If the City is going to be participating in another manner financially, then the City should be able to re-review and reconsider some of the variances,,etc., the developer requested. Personally, he still did not think this was a very efficient or appropriate site development. E�erY indication he had received earlier was that because SBF Development was not asking the City for any financial assistance, the City was willing to let them have the variances because it was a project the City wanted to have happen. Mr. Dahlberg stated Councilmember Billings was at the meeting to hear this discussion, and he would like the HRA to be made aware of this also. The Commission members concurred with Mr. Dahlberg's comments. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to direct staff to express to the HRA the Planning Commission's feelings regarding the financial assistance being requested by SBF Development Corporation. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 7. RECEIVE THE AUGUST 22 1989 APPEALS COMMISSION MINUTES: OM TION by Mr. Barna, seconded by Ms. Sherek, to receive the August 22, 1989, Appeals Commission minutes. PLANNINQ CO�I88ION MEETING, SEPTBMBER 13. 1989 - PAGE 13 IIPON A VOICE VOTE, ALL VOTIN(i AYE, CBAIRPERSON BSTZOLD D$CLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• i�ION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. IIpon a voice vote, all votiaq aye, Chairperson Betzold declared the 8eptember 13, 1989, Planninq Commission meetinq adjourned at 9:20 p.m. Respectfully submitted, ti �� , �C l�t -Cti-- yn e Saba Rec � ing Secretary � _ «� FRlDLEY REQUEST �ERMIT �1MBER �►'PPLICANT PROPOSED REQUEST LOCATION STAFF REP ORT APPEALS DATE PLa�NNG COM►IISSION DATE : C�IY OOl�1Gl. DATE : SITE DATA 51ZE DENSITY PRESENT ZONWG ADJACENT LAND USES � Z� ��$ PARK DEDICATION ANALYSIS FMVANCIAL MPLICqTbNg C4NFORMANCE TO COMPREfE1�ISIVE PLAN COMPATBNTY WITH AD.IACENT USES 8 � EN1l�ONMEWTAL �ERATIONS STAFF i�C�CMAMENpqTION 1�PPEALS RECOMMENDATION PLANNNC COMMkSSION 'RECON�IAENDATION � SP ��89-11 Father John Magramm August 16, 198g �Pt�ber 27, 198g AUTHOq_ MM/dn To allow a church in an R-I, Single Family Dwelling, district. 1201 Hathaway Lane N.E. N/A R-1, Single Family Dwelling R-1, Single Family Dwelling on all sides On site N/A N/A � �� Potential for increased traffic Denial Staff Report orthodox Church; SP #89-11 Page 2 REQUEST Father John Magramm is proposing to hold church services on Lot 3, Block 1, Parkview Oaks Addition, the same being 1201 Hathaway Lane N.E. SITE The site is a single family residential lot with a detached two car garage and a lot area of approximately 9,600 square feet. The lot has rolling topography, and a grove of trees separates the site from the neighbors to the north. The petitioner is proposing to construct an 18 foot x 18 foot addition over an existing deck. The addition would be used as part of the worship area, including space for the altar. The proposed addition would also include a bell porch. The proposed addition would occur to the rear of the structure. ANALYSIS In order to be granted a special use permit for a church, the petitioner must meet building and site requirements of the CR-1 sections of the code (205.07.O1.C.2.a) These requirements include sections 205.16.3, 205.16.4, 205.16.6, and 205.16.7. Of those requirements, the site does not meet the minimum lot area of 15,000 square feet and would require an additional variance to reduce the side yard setbacks from 15 feet to 10 feet, and from 30 feet to 20 feet (the petitioner is currently applying for these variances). In addition to lot area and side yard setbacks, there is also the issue of parking. Currently on the site is a two car garage with a hardsurface driveway. This gives the petitioner the opportunity to provide four off street parking spaces. This would limit the number of people able to attend the church to 12 (one space for every three fixed seats). There is, however, the question of enforceability of this number. Due to the topography of the lot and the changes to the structure proposed by the petitioner, additional parking spaces cannot be provided. Staff surveyed other churches in the City of Fridley. With the exception of Michael Servetus Unitarian Church, all the churches are located at the edge of R-1, Single Family Dwelling, districts, near major intersections, and on local arterial and collector streets. Each of the churches exceeds the minimum requirements set forth in the CR-1 regulations (see attached chart). The location of the proposed church is in the center of a neighborhood on a local residential street. Although the number of people attending the church will be small in number, it will be difficult to monitor over time, especially if the congregation Staff Report Orthodox Church; SP �89-11 Page 3 grows. Use of the home as a church begins to change the character of it from a single family residence to a church. In order to grant a special use permit, several variances to the CR-1 site requirements would have to be granted. The Appeals Commission voted unanimously to deny the variance requests (to the CR-1 site requirements) which the petitioner requested in VAR #89- 17. The petitioner still has the opportunity to use the property as a single family home for up to five unrelated adults, and would allow the assembling of people for bible study, prayer service, or religious service. The denial of the special use permit does not deny the petitioner's substantial property rights. RECOMMENDATION Staff recommends that the Planning Commission deny the request, SP #89-i1, based on the fact that the lot does not meet the minimum requirements set forth in the CR-1 district. Howeve�, if the Planning Commission votes to approve the request, the following stipulations should apply: 1. A three foot high hedge shall be planted or a four foot fence shall be constructed, from the front of the house to the front property line along the west property line. 2. A seven foot screening fence shall be constructed on the west property line from the front of the house to the north property line, and also along the north property line. 3. The parking demand shall not exceed four parking spaces. For us�s. othez tban principal us�s� s�quizssents as to lot sise� •etbaeks� buildiva. pazti�g� landseapie�g. •er�ening� �tc.� sball be at least eoaparable to si�ilaz nses in other districts. but also subject to additional provisioas as provided by tbe City. 2. O'SES gCiaDF.D ♦ry uae alloved or sscluded in any otbez district aalsss •pacifically alloved undez Dses P�nitted of this distriet ase s=eluded in CR•1 Districts. �. LD? ttEQUIR841�fS ARD SETaA�C.S A. Lot lltea. A lot area of not lesa than 15�000 square feet is :equired for one (1) �ain building. E. I.ot Vidti�. A lot vidth of not leas than seventy-five (75) feet is sequired at the required front setback. C. Lot Covezaae. (1) '!he �aximum pezcent of the area of a lot alloved to be eovered by the �ain building and all accessory buildings is as followa: (a) One (1) Story • forty pezceat (40�) �aximum. (b) Zr+o (2) Story - thizty-five pezoent (35�) uximum. (c) rhzee (3) Story - thirty pe=cent (30�) aaximum. (2) ?i�e above lot coversge vill be sub�eet to other con�idezations. includ ing parking •nd open sp�ce requir�aentc� nse of facilities aad proxivity to other districts vhich �ay deczease the �aximum lot eoverage. (3) The lot eaverage uy be =educed by the City if and vhen there is provision foz timdergzound parking vithin t2�e main structure� provided that the lot eoverage shall not be ■ore than thirty percent (30t). D. Setbulu . (1) l�Yoat Yard : A■inia� fsont yazd setback of tbirty•five (35) feet ia sequised for all buildings. • (2) Side Yard: irro (2) side ��rds are r�quired, saeh ritb a vidth of not lsss tban iift�en (15) feet �seept: (a) it�►ere a dziveway is to be pzovided in L1�• •ide �ard tiu �ininm t�quir�d.side �azd inczaases eo thirty (30) feet. (b) Vheze a side �ud abuts a stzeet of a eoraer lot� S/88 205.16.03 OSES QCLUDED ID2 �uI�s AND SE?BACKS 205.CR1-2 the side yar6 requirenent increases to a minim�n of thirty-five (35) feet. (c) No side yard is required where a oommon wall is provided between two (2) buildings which meet the requirenents of the Building Code. (3� Rear Yard: A rear yard of not less t�;an twenty-five (ZS) feet is � required. (4) Additional Setback Restrictions: Permitted buildings and uses, except autamobile parking and laading spaaes, driv�aays, essential servioes, walks, and planting spaoes shall not be closer to the boundary line of any adjaoent residential district thar, thirty (30) feet to allow for planting buffers and screesiing. :�� •�.��•��r � A. Hei�t. Building height shall be a maximun of three (3) stories, but not to exceed forty-five {45) feet. B. Exterior I�aterials. �he type of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast �oncrete, factory fabricatec and f inished metal frame g3ne1 ing, glass or other materials apprwed by the City. ' '�1 ' �� 1 I' ? I} ti _• a • • . Reduction of parking stalls may be allowed when the prwision of sFace reauired for patking stalls, due to the pazticular nature of the proposed use or other considerations, would be an �a�neoessary harci�hip. Adequate open spaoe shall be pc�ovided to satisfy the total n�anber of required parking stalls. B. Additianal i�rking. When the provisions for parking sgace required for specific district uses is inadequate, the City may reguire that additional off-street parking be psovided. G 12/87 I�rkir�g Ratio. (1) At least one (1) off-street parking space shall be provided for each 250 square €eet of building floor area except health care servioes which shall provide one (1) off-street �rking space for each 150 square feet of building floor area. (Ref. 868) (2) At least one (1) handicap off-street parking space shall be p�ovia�ed for each fifty (50) spaces or fraction thereof. 205.16.05. :� � .� � �� )�; �,�}.�►.-; ' '� t ' �� 1 1' � 1} �. 205.CR1-3 A Desicp Requir�ents : (1) Drainage: All driv�ays and �rking areas, except those for less than four (4) v�icles, shall be graded acoording to a drainage plan whid� has been apprwed by the City. (2) Lic�ting: Arty lighting used to illuniz�ate an off-street parking area � shall be shaded or diff�sed to reflect the light away from the adj oining property and traf f ic. (3) Curbing: ' The entire rimeter of all pe parking areas in excess of four (4) stalls, access driveways, truck laading spaces or other hard surfaae areas that hano'le motor vehicle traffic shall be curbed with a poured six (6) inch high ooncrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in aco�rdance with curbing specifications on file at the City. (d) The City may ex��pt curbing: ((1) ) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the c�ade of the parking lot and satisfies the curbing requirenents. ((2)) Where the City has approved future expansion. (4) Drivaaay Requirenents: (a) A maximun driveway width of thirty-two (32) feet at the curb opening, excluding the entrance ranii can be aonstr ucted. (b) The parking aisle shall be a minimum of twenty-five (25) feet in width far two-way traffic and ei�tees� (18) feet in width for one-way traffic. (c) The edge of the curb .opening shall not be closer to the nearest portion of a street right-of-way intersection than.seventy-five (75) feet or two-thirds (?,/3) of the lot wi�h whichever is sma.11er. (d) Where a'T' intersection exists, a drive may be located opposite the ena of the intercepted street. (e) T9�e minimun drivc�aay angle to the street shall be sixty (60) degre�s. (5) All parlcing and hard surfaoe area shall be: (a) No closer than t�enty (20) feet from any street ric�t-of-way. 12/87 205.16.05. 205.CR1-4 No closer than five (5) feet from anY sic� lot �b� t for a common drive approved by the 1 ine, excep adjoinin9 P=oPertil' °M�rs and the CitY• �� No closer than five (5) feet from any rear lot line unless aa� a to fifteer (15)yfeet.en the setback shall be increas� (a) No closer than five (5) feet from the main _ building. (e) C�rbed with mini�mm �1°��Y access radii of ten (10) feet to match the existing street curb. (() Loaciing Docks: (a) Out�i6e loadin9 do�ks sh�l be 1o�ted in the rear or sioe yaLa and be properly scree�ed- (b) The sgace nee6ed for the loading docks must be aoeo,uate to handle the 1 b d ��i nt of wayding nee6s• without obstructing the Pu 9� (7) Off-street parking shall be prwided for all vehicles oonc,Erned with any t�e on the lot. (g) All p�rking facilities of 100 oontiauo� sPaaes ot more shall be subject to interior landscaF�e improvements as apgroved bY the City. (9) Parking lots with more than fout (4) parking stalls sha].1 be striped. (10) Svfficient ooncrete area maY be rec3�lre° f°r m°tOL�'�e Farking in a6dition to the required vehicle parking stalls. uired by the City in an area that (11) Bike racks maY �=�r building entrance and will not is oonve�ient to each maj ai�rupt peciestr ian or vehicular traf f ic or f ire lanes- (12) Safety signs, markings and traffic oontrol devices may t�e reo,uired to prar�ote vehicular and pedestrian safety. 6. I�►ND6CAPE RDQU� p. Ail open areas of ar,y site, except for ateas used for F.arking, driveways oL storaa��e•shall be lanascaped and be incorporated in a lanciscaPe Pl roval by the g. The lanascaPe P1an shall be submitted for aFp City ana innicate the location, size ana species, and metl'�od an° quantity of sll proposed plants including designation of any existing vegetation which is to be rer,vved o= whi�' will reqnain wit,ii oonstrLCtion. rovic3ed to G Underoro�c] lawr. sprinklinc� sy i�� e ��a=�� front ma3ntain the lawr�s ana lan°�s�Fln9 and sic3e yar6 areas• 7. P£R��ORM�AN� STI�►I�IDARD� A, parking Facilities. e 205.16.07. • �. v• . •�• r� i.,,. , .. • • v• n • • �- 205.CR1-S 205.16.07. All drive�►ays, pe�rking areas and loadin9 docl�s shall be surf�aaed with h1acY.top, �ncrete or other hard surfaoe material app by the City. B. f�cterior Storage. (1) Nothing shall be stored in the required front yarcL (Z) All �aterials anc3 oomnercial equipnent shall be kept in a building or sha111be=i�t ofsway or a�djoi ing property visible frcc� any Publ� � � of a different district. (3) The City shall requi=e a Special Use Permit for any exterior storage of materials. G Ref use. P11 Maste materials, refuse oc garbage shall be contained in closec oontainers as required unoer the chapter entitled "Waste r�isF�osr1" of the Fridley City Code• D. Screening• . (1) Screening shall aonsist of a solid fence or wall not less than six (6) feet high in the side and rear }•ards and a �t extendi to wtithinefif teen (15)f feetyofdanyl stre t no right-cf-May line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantinc� must be apprwed by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street aorrers and driveways. (3) The screening reguire�ents shall be satisf ied by the use of a screening fenoe or planting screen acoording to the f ollowing standa rcis : (a) A screening fence shall be attractive and compatible with the principal building and the surrot,u�►ding lana use• (b) A planting scrEen shall o�nsist of a closely grawn hedge, a raw of trees. ever9reens or other vegetation apgraved by the City. (c) If the topography, natural grawth of vegetation, permanent buildings or other barriers meet the standa rci� f or screening as apps'wed by th e Ci ty , theY �ray be substituted for all or part of the screening fe�oe or planting screen. (4) Screening of off-street parking shall be required for: (a) Ariy off-street parking area which requires more than four (4) spaoes or aZjouLS a resiaential district. (b) Any driveway to a Fe.rking area of four (4) or more spaces is within thirty (30) feet of an adjoining resioential district. (c) Any parking facility between the building and 205.CR1-6 e frontage street must be screened�f n Planti ng strip at hedoe. solid fPnoe or closelY 9 least thirty-six (36) inches in height. . (S} All loading cbcks must be located in the rear or side yatci� and be screened with a six (6) foot hiyt� minimm so�lid scrc-�ening fenoe if visitle fram public right-of-ways or if within f ifty (50) feet of adjaoent resident3.a1 districts. (6) kfiere any general offioe district, is adjacent to any � resiaential clistrict,there shall be a miniminn fifteen (15) foot a•ide screening strip to provide for aphysical sepa : . on. (7) ti�re any general office district is adjacent to a public ric�t-of-way or across fran any resic3ential district, the folluwing require�ents must be m�t0 pravic3edzalong the property`iir�e�t sidewalk easement The Council tr�ay allo�w the applicant to delay the installation of the sidiey►alk if the applicant signs an agree;�ent that it will be constructed when the City rE,ouir�s the installatian. (b) There shall be a fifteen (15) foot planting strip located behind the requiied sidewalk that is substantial enough to create a physical separation between the public ric�t-of-way ana the 9eneral of f ice property. (S) All trash or garbage storage receptacl es must be located in the rear or side yarns ana be totally screened frcn view fran any public right-cf-way. Prwisions must be tal�en to �rotect scteening from vehicle damage• (g) N'�otor vehicles necessary to the operation of the principal use maY be store�, without screening only within the permitted rear yar6 area, if they are not reaaily visihle frort� a public riyht-of-Way. (10) All roof equipnent, except alternate energy devices, �:�st be screened fram public view unless the eguipment is designed as an integral part of the building and is oompatible with the lines of the builmng as determined by the City. E. Drainage And Grade Requir�ents. A finishec7 gro�d grade shall be estahlished such that natural drainage away fram all buildings is provided. The following minimun criteria shall apply: �1� The minin,�n elevation of f inished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured fram curb grade. (2) The City may specify a minim�n finished ground grade for any structures in order to allow proper drainage and oonnection to City utilities- 205.16.07. 205.CK1-1 II I �I F. Larxlscapin9• �he f ol laaing shall be minimu�► criteria for lar�dscapin9: (1) It shall be �e i°hs're�,ntapinPed in a attractiveatwell required lanclscaP�9 kept o�ndition. (2) All vacant lots, tracts or paroels shall be properly maint�aired in an oraerly maru�er ftee of litter and ju�lc. , (3) All uses shall I-rwide water facilities to yard areas for maintenanoe of lanclscaping. G. Maintenanoe. It shall be the responsibility of the property awner to ensure that : (1) Every exterior wall, foundation and roof of any bui.lding or structure shall be reasonably watertisht, weatherticht and rodentproof anci shall be kept in a good state cf �raintenanoe and regair. Exterior walls shall be n�intained free fran extensive dilapi8ation due to cracks, tears or breaks of c3eteriorated plaster, stucoo, brick, wooci or other material that gives evic3enoe of long neglect. (2) The protective surfaoe on exterior walls of a building shall be maintained in good repair and pravide a sufficient oovering and protection of the structural surf ace against its c3eterioration. Without lin�iting the generality of this Section, a protective surfaoe of a building shall be deeir,ed to be out ofrepair if: (a) More than twenty-five peroent (258) o� the area of ar�► plane or wall on which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five peroent (258) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yarc and a11 structures, walls, fences, walks, steps, drivewa} �, landscaping and other exterior clevelognEnt shall be maintained in an attractive, well kept oondition. (4) The boulevara area of a preiuises shall be properly �raintained, groomed and cared for by the abutting property owner. A. Fssential Services: (1) Connection is required on each lot served by City sanitary sewer. (2) Co�ru�ection is required on each lot served by a City water line. 205.16.07. 205.CR1-8 S //2 ��J • . n �. 3 l �i�. .' =t �t2 J. lC° � \ .:tF� '� ' �k�- � --�5--�'4—,=F-? �da -.'�- •-�a .i "��r � �• �2''J � �� S♦� tt��.�� . �+ .� i r�• � � �� • � " ' � � � �' . ./Er �� ' '•�' n f '`' •� f + r �'+ , , � t 1 • � ,y�, � � 1 1 1 � . . • }r��H �./�( �a� w+,' �f•. �.+�� •' •,; � • 1 � 1 � �"" "-• .`` � . ..�rNDE O�trvE , . . r ..:,..-,�.. ,a;� :�uT�, .t• 0 �� .� � �, �-,�.. �� : � , � a -,, i� •s + + . ,M'", ,+ � , � . Sd'!- ..�c✓� —�--_ __-- 7�� . / ' _ R � • �� 1-- ._ � 6 r�=, - SP 4E89-11 Orthodox Church SEC. 24, T. 30, R. z� C/TY OF fR/OLEf' � ' 24 ,-- ; � 42 . ct�v�eA �-- . t � ► ..' 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Herrick James D. Hoeft vregg V. Herrick Of Counsel David P. Newman 1L ��► �lil �U1�LLl� YY d �Tn w 1 V�1Ld��P ATTORNEYS AT LAW MEMORANDUM T0: City of Fridley Planning Commission nd oard of Appeals FROM: Virgil C. Herrick, City Attorney _��'� DATE: September 8, 1989 RE: Orthodox Church of the Resurrection of Christ, Inc. I have been asked to give my legal opinion regarding the action that may be taken by the Planning Conunission on the request for a special use permit and the Board of Appeals on a variance request made by the Orthodox Church of the Resurrection of Christ, Inc. In writing this opinion I am not attempting to tell either the Commission or the Board what their decision should be, nor am I suggesting what action they should take. I am attempting to give an opinion as to the options that the Commission and the Board have as far as the applications that are before them. I believe that there are three areas that should be considered by the Planning Cormnission and the Board of Appeals and eventually by the City Council. These are as follows: 1: Should a variance be granted to the applicant. 2. Should a special use permit be granted. 3. Assuming that the variance and special use permit are not granted what activities can the applicant conduct on the subject property. The applicant has requested a special use permit for a church in an R-1 district. Our ordinance requires that a church have at least 15,000 square feet of property. The area of the subject property is approximately 9,900 square feet. Two of the principals involved in determining whether a variance should be granted are 1) can the owner of the property make reasonable use of the property without the variance, and 2) if there is a hardship was the hardship created by action of the property owner. In this particular case the owner of the property purchased a single family residential home. Essentially it has been using the property for residential purposes up to the current time. If the applicant purchased this property with the intention of establishing a church it should have determined the City's square foot requirement prior to the purchase. I would be of the opinion that the City has cause to deny the request for a variance for the reasons that 1) the owner can put the property to a reasonable use other than as a church, and 2) that the applicant should have been aware of the square footage requirements for a church Suite ZO�, 6401 University Avenue N.E., Fridley, I�linnesota 55432, 612-571-3850 MEMORANDUM RE: Orthodox Church of the Resurrection of Christ, Inc. prior to purchasing the property. If the request for a variance is not granted it is my opinion that the Planning Commission would not be able to issue a special use permit. If the application for the variance is granted the Planning Commission should then consider whether a special use permit should be issued. If the special use permit is to be denied the burden of showing the reason for denial rests with the City. I have reviewed the Minutes of the Public Hearing held on August 16, 1989, and note a number of reasons advanced for denial of the permit. I believe that some of the reasons suggested are valid and others are not. Valid reasons for denial would be lack of adequate off street parking and traffic hazards caused by the severe slope of the streets fronting the property. The fact that the property is or would be tax exempt and the fact that the establishment of a church might have an adverse effect on the property values of adjacent properties are not valid reasons for denial. I think it should also be emphasized, while it is not a part of the consideration for the variance or special use permit, that the owners of the property have certain basic rights to use this property even if a special use permit authorizing the establishment of a church is not granted. The present owners may have up to five unrelated adults living in the property. This is a provision of the City's R-1 ordinance. It is my understanding that at the present time there are two or three nuns living in the house. This is within the uses permitted under the City ordinance. Likewise, I am of the opinion that the owner of the house could invite others to the property for religious services, bible study, prayer sessions, or other similar activities. This right is guaranteed under our constitution allowing freedom of speech, freedom of religion and freedom of assembly. If the size or intensity of such meetings were to cause a serious public nuisance, the City could bring an action to curtail the activity. It is also my understanding that the owner of the property wishes to enlarge the structure. I am of the opinion that they are entitled to do so as long as the enlargement is consistent with additions that would be authorized in single family residential areas. I am also of the opinion that they would be authorized to place a cross or other symbol on the property if they chose to do so. VCH/lal 0 :�31� i 'y '{"t�� W ��\ THE ORTHODOX CHURCH OF THE RESURRECTION OF CHRIST Under the Synod ot 8lshop: ot the Russlon Orthodox Gwrch Oufslde Russla e (61?J 574-1001 MAILIIdG ADDRF.SS: C��APEL ADDRESS: P. O. Boz 14607 601 13th Aver�ue S.E. (7th Str.) Mkrecpdis, MN 55414 ��eapotls. MN 55406 )OO�rli�l'IG I�'�IIIGI1U�i'a411 September 12, 1989 Mr. Virgii Herrick Esq. Herrick S Newman Law Office 6401 University Avenue Fridley, Mn. 55432 Dear Mr. Herrick, Thank you for explaining to me the contents of your memorandum regarding our application for a special use permit for a church at 1201 Hathaway Lane. I do understand the legal implications to the city regarding our permit. It is important for us to have 1201 Hathaway Lane designated a church or chapei because our use of it is for religious purposes. Perhaps there is some designation that you can provide for us other than R-1 that wili be acceptable for us as a religious institution and at the same time be within legal bounds. It is not our intention to cause the city of Fridley to set any new precedents. We do believe that both in the past and present there have been similar situations such as St. Williams Church rectory before the main church was buiit along with cases of other convents in Minneapolis that had chapels. I invite you to visit our chapel at 1201 Hathaway Lane at your convenience. Please call me if you should need any further clarification regarding the use of our property. Millennium of Christianity in Russia Sincerely, �,,, �,., �,�..��-,. Rev. John Magramm THE ORTHOD4X CHURCH OF THE RESURRECTION OF CHRIST Under the Synod ot 8bhops ot the Russlon Orthodox �ch Outside Rusalo 4 (61� 574-1001 MAILDVG ADDRESB: ' CHAPEL ADDRESS: P. O. BOx 14607 b01 13fh Av�enu�e S.E. (7th Sh.) �Atx�eapolb. MN a5414 �. � �y ��0 � r11� I'It I��1p4111/l i'a411 September 12, 1989 Mrs. Barb Dacey City of Fridley Planning Commission Fridley, Mn. 55432 Dear Barb and Michele, Thank you for visiting our chapel at 1201 Hathaway Lane. We were glad to be 'able to acquaint you with our religious community. We also appreciate your attention that you have given our application for the special use permit. We look forward to the City Council meeting with great anticipation. Enclosed is correspondence to our neighbors for yourinformation and update. Please contact me if you should need further information or clarification. We do hope that � you will be able to visit us again. Perhaps you may want to mark your calendar to join us for our Christmas celebration on Sunday January 7th at 10 A.M. for Divine Liturgy and lunch at 601 13th Ave SE Mpls. Enc: Millennium of Christianity in Russia Sincerely, � Rev. John Magramm �i�' � .a ��.�.iS� �cT ...... Ti� OR'I'HODOX CHiTRCH OF THE RESURRECTION :OF_:CIiRIST _ (61a 5741Q�1 �,ara �D�iF•88: QiAP£L ADDRESS: P. O. BOet Ud07 d01 W!A A�� S.E. (71n Str � N�n�cpor. MN ss� u �acoNs. Mn, ssy Ki September 9, 1989 Thank you for welcoming our community to your neighborhood. We invite you to come visit us whenever you like. We would be pleased to welcome you to our monastic house and show you our chapel. We know that you did not sign the petition against our special use permit. Enclosed is a copy of our letter to the neighbors who did sign the petition. We would like to share this information with you and take this opportunity to ask you for your support. We look forward to hearing from you. Please address any questions or concerns to myself or Father John at 574-1001. Sincerely, � / � ��G'C� r.t G :' C ��7�� c.. Nother Victoria and community Enc: �y��: ._... T� ORTHODOX Ci�iiTRCH OF THE REStIRRECTION-OF CiiRIST 4 t61�5741�1 DiAB�tO ADD�tE88: ��iAPEL ADDRESS: P. O. Boec UIdQ7 601 1�lA Av�� S.E. (7f� Str 1 nAr,noaDar. MM sSt lI �. Mtv s5y Ki .S'e�te.� (3�t. 7, /989 We have received a copy of the petition which was circulated in the neighborhood opposing our request for a special-use permit for our chapel. We want you to know what we sympathize with your concerns as expressed in the petition. Moreover, we are certain that the several points at issue can be resolved to everyo�e's satisfaction. In particular we are confident that the presence of our house chapel will not cause any disruption or traffic difficulties in the neighborhood. If you still feel insufficiently informed regarding the use of the property at 1201 Hathaway Lane, please accept our invitation to visit at your convenience. Any questions or concerns you may have can be directed to Fr. John or myself. We along with you appreciate the peace and quietness of this neighborhood, and our main reason for applying for a permi.t was to create an open door whereby you and all the residents would be apprised of our activity here and our plans, and whereby your thoughts and sensibilities regarding them could be more easily input. We hope you will give us the opportunity to become more acquainted and again assure you that we share the same concerns.regarding the neighborhood; and we hope that you may reconsider our special-use permit request. Sincerely, . �%f�i � 2 1/i' t f0 Z i� Mother Victoria� and community � _ STAFF REPQRT APPEALS DATE ��N � PLAN�VG COM��IS.SION DATE : September 2 �, 1989 FRIDLEY C11Y CO�l�1C�L DATE �Hpq BD/dn REQUEST PERMIT t�1MBER APPLICANT PROPOSED REQUEST LOCATION 0 SITE DATA SIZE oENSRY PRESENT ZONMIG ADJACENT LAND USES di Z�%i�a �f $ PARK DEDICATION ANALYSIS F�VANCIAL MPLICATIONS CONFORMANCE TO C.OMPF�FENSII/E PL�►N CON{PATBqJTY WITH ADJACENT USES 8 ZONNG ENV�iONMENTAL CONSDERATIONS STAFF RECONIMEI�DATION APPEALS RECOMMENDATION PLAI�ING COMMISSION RECONMNENDATION ZOA 4E89-04 Ashland Oil Co. (Rapid Oil) To rezone Lot 4, Block 6, City View Addition, from R-2 to C-2. 5701 University Avenue N.E. N/A N/A C-2, General Business C-2 to the north and south; R-2 to the east; University Avenue to the west. On site. N/A Within a proposed HRA redevelopment area Yes Yes Potential soil and ground water contamination Approval with stipulations. Staff Report ZOA #89-04, Ashland Oil Page 2 REQUEST The petitioner is requesting a rezoning for Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business. The purpose of the rezoning request is to make additional property available in order that the reconstructed Rapid Oil facility west of the subject property can meet the required setbacks and requirements of the C-2 zoning district. SITE The subject property measures approximately 40' x 140' and was originally platted in 1887. The property is currently vacant and is bounded on the west by the existing Rapid Oil facility, and to the east by a vacant single family dwelling. Both properties are owned by the petitioner. The property is a double frontage lot, with 57th Place along the north side and 57th Avenue along the south side. ANALYSIS In reviewing this rezoning request, the City should evaluate whether or not the intent and the uses permitted in the C-2 district would be compatible with adjacent zoning and uses. The C-2 zone exists to the north and south of the site along the east side of the University Avenue frontage. The intent of the original zoning pattern in this area appears to be to provide areas for local convenience uses for the neighborhood to the east of the commercial frontage as well as to provide commercial services for the travelling public along University Avenue. Given that the existing zoning and uses to the north and south is also zoned C-2, and the property to the south is zoned C-2, zoning Lot 4 would not be contrary to the existing pattern. The uses proposed in the C-2 distri�t will be compatible with the surrounding uses and zoning. The size o e property dictates that it must be combined with the existing structure on Lots 1 through 3. Therefore, the primary purpose of rezoning Lot 4 is to gain additional lot area and footage to bring the reconstructed oil changing facility into compliance with current ordinances. It will also provide area for the required screening fence along the east lot line. Policy Considerations Staff has advised the petitioner that the City has limited the use of automotive related uses in HRA redevelopment contracts (i.e. Vantage Companies development) along University Avenue. The intent Staff Report ZOA #89-04, Ashland 0i1 Page 3 of this effort is to avoid a"qasoline alley" image along major thoroughfares through the City. The HRA will consider its redevelopment plans for this site when the soil testing is completed on the site and the extent of the contamination is known. Approval of the rezoning is conditioned upon compliance with the stipulation of Rapid Oil's special use permit, which includes that the site must be cleaned according to MPCA standards prior to issuance of a building permit. Light Rail Transit Staff has forwarded a copy of the site plan to BRW, Inc. to provide comments reg d' g the proposed light rail transit route. Comments should be re ew by Wednes y evening for presentation to the Planning Co is 'on • f�J��•U/ •RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of the rezoning application, ZOA #89-04, with the following stipulations: 1. Compliance with the site plan submitted with the application. 2. Compliance with all the stipulations of the special use permit request, SP #89-12. 3. Approval of the special use permit request, SP #89-12. ZOA ��89-04 Ashland Oil Co. Robert Mikulak Ashland Oil Company 3041 - 4th Avenue South Minneapolis, MN 55408 Ashland Oil Company 5701 University Avenue N.E. Fridley, MN 55432 Ashland Oil Company 3499 Dabney Drive Lexington, KY 40509 Ashland Oil Company 348 - 57th Place N.E. Fridley, MN 55432 Thomas Larson 360 - 57th Avenue N.E. Fridley, MN 55432 Glen Peterson 380 - 57th Place N.E. Fridley, MN 55432 Ranko Schuur 5755 University Avenue N.E. Fridley, MN 5543��' Richard Miller 799 Timber Lake Drive � Eden Prairie, MN 55433� �• ✓� William Fogarty 349 - 57th Place N.E. Fridley, MN 55432 Resident 353 - 57th Place N.E. Fridley, MN 55432 Edward Daw 359 - 57th Place N.E. Fridley, MN 55432 MAILING LIST Planning 9�8�89 City Council Resident 5800 - 4th Street N.E. Fridley, MN 55432 Margaret Hendley 118 Craig Way N.E. Fridley, MN 55432 Holiday Station Stores 5807 University Avenue N.E. Fridley, MN 55432 Holiday Station Stores Box 1224 Bloomington, MN 55440 Frank Gabrelcik 5740 University Avenue N.E. Fridley, MN 55432 Edward Daw 312 East 32nd Street Sioux Falls, SD 57105 Planning Co�ission Chair City Council Members J � 1 . �� a� 2f s PB a:o z� a.... rs � • 23 T ' gq v B� � ��i` �ez ' p _ a� y, .i - t o ; .� . rf r �9 /[+ i* :� ,. � �! iV z z� � � 2B' �P 2 � 3.t 2<< �f �ls � Po , B + 4 � ia = z �t :� r /I f \• �.� �s. i4� � �; :7.� I i` tlJ �! N.E. t �. +z� _' O '=a. S Mf ►T� �F r 24• .a • � ': • ■ c �... r� IZ� r,a r.,�• : if/" � � E.: .' j w' i � J' f0 � , ��„ ZOA #89-04 Bapid Oil N�/2 SEC.23,�T30,R.24 � cirr oF FRivc£r 17 2� �2 l I Nw cowMfw � �' � �s �---- :t :^' _ ' - fIVl�E- . - - M' , .'sb'k` F ^ `° e « + � _ • i Bs� ' :. -'if-' .d•• 'P// /� ,� �� e n 2 ts 2 ' rs �,+�p`1 ♦ r�.r� ��_ ��P�� p!� i'I7 N�Z I f; i � ♦ s,� r� 3 ' � :� �. � ` `' t v � '�'f '� �/s �`! i� r` : r�w ; , e- � , � � l�.t `� ` Z i f,p ; i� d♦ I :� i� � et \ B E : tl � ♦ - tt �� zi B �� . Z r� �p� S'� SN .i/P �3 � te s ss f ts � +� is � ii . N° r. �o l, • „o •�• s� �. ii .�1B �� R� � �, �, . t i/ 0'f s. 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T � ' . � � �; � � '�' � � � � . ~ �- � � � � , �� - , � � . � .. � � � ,,. �• , . � g # .� i .�� , '� f � � p � . � i 3 �• � � ' � � ( � . l� � , I � � . � � . . _� -�— __ � � , , . . - ' . � ;� . � : �.: �� - -- — — - . � �� t � 4 ♦ , � E � " �- , ... ' _ � , ,� + ��na► h,��n�n�. � � unroF F� �� DATE: TO: FROM: SUBJECT: PLANNING DIVISION MEMOR,ANDUM `September 22, 1989 Planning Commission Members Barbara Dacy, Planning Coordinator Michele McPherson, Planninq Assistant Housekeeping Amendments to the Sign Ordinance Attached for your comm�nts are proposed housekeeping amendments to the sign ordinance. These are items which staff reconuaends to be clarified within the ordinance in order to administer the code more effectively. To follow is a list of areas which were amended (proposed language is underlined): 1. Specified banners or pennants under „portable 2. Amended signs prohibited in all districts. 3. Added "special event" to definitions section. 4. Maximum height added to institutional signs. 5. "Special event siqns" added under temporary in all districts. 6. Maximum square footage allowed for roof signs all commercial and all industrial districts. 7. Changed violation period from 20 days to ten 8. Added signs within the public right-of-way. signs". signs permitted added in CR-1, days. The last item is in response to the Planning Commission and City Council discussion on Central Avenue. Two� establishments have requested the ability to place signaqe in the riqht-of-way due to the extra large boulevard area. The languaqe has been structured to isolate only those instances where a large boulevard exists because of an oversized right-of-way. Further, the language stipulates that collectors as identified in the Comprehensive Plan are the only eligible right-of-ways for consideration. The arterial streets (East River Road, T.H. 47, T.H. 65, Osborne Road and Mississippi Street) should not be considered because of safety factors such as the necessity to provide adequate clearance between the traveled right-of-way and signs. Please review the prc�posed areas to be amended and comments should be provided to staff for forwardinq to the City Council. BD/dn M-89-576 214. SIGNS (Ref. 318, 330, 344, 382, 438, 666, 672, 799, 837, 860, 913) (This Chapter has been recodified as of September 1, 1988 and includes all amendments to the Chapter enacted by the City Council prior to said date) (Second Reading: July 11, 1988) 214.01. PURPOSE PURPOSE The purpose of this Chapter is to protect and promote the public health, safety and general welfare of the City of Fridley through the establishment of a comprehensive and impartial set of ' regulations governing the erection, display and use of signs serving as a visual media to persons upon public or private properties. These regulations are intended to provide an opportunity for effective communication, allow a reasonable freedom of choice and promote a concern for the visual amenities on those people designing, displaying, erecting or utilizing signs while at the same time assuring that the public health, safety and general welfare of the City is preserved. 214.02. DEFINITIONS DEFINITIONS The following words and terms, wherever they occur in this Chapter, are defined as follows and shall apply in its interpretation and application: 1. Abandoned Sign. A sign which no longer correctly advertises a bona fide business, lessor, owner, activity, use or product available on the premises where the sign is displayed for a continuous period of more than three (3) months. 2. Address Sign. A sign consisting of numbers or numbers and a street name, identifying the address of a building. 3. Advertising Sign. A sign which is used to advertise products, goods, uses or services. 4. Alteration. Any major change, excluding routine maintenance, of an existing sign. 5. Area Identification Sign. A sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex or a business or industrial area. 6. Banners and Pennants. A temporary sign constructed of cloth, canv ss, paper, plastic film or light fabric. �t�� 7. Bench Sign. � A sign which is attached to a bench. 8. A sign advertising a business, product, service, use or entertainment which is conducted, sold or offered somewhere other than on the premises where the sign is located. 9. Changeable Sign, Automatic. An electronically controlled sign, including a time, temperature or date sign, or a message center or a readerboard, where different message changes are shown on the same panel. 10. Changeable Sign, Manual. A sign on which the message is changed manually. 11. Construction Sign. A temporary sign erected at a construction site identifying the project. It may include the name of the architect, engineer, contractor, financier or other information about the project. 12. District. A zoning district as defined in Chapter 205, Zoning, of the City Code. 13. Flashing Sign. An illuminated sign which has intermittent flashing lights, revolving beacons, zip flashers or exhibits a noticeable change in color or light intensity. 14. Free Standing Sign. A sign which is securely attached to the ground and not attached to any part of a building or structure. 15. Governmental Sign. A sign which is erected by a governmental unit for the purpose of directing or guiding traffic o� providing public information. 16. Illwainated Sign. A sign which is illuminated by an artificial light source. 17. Information Sign. A sign giving information or directions to employees, visitors or delivery vehicles and containing no advertising. An information sign may display the name, address or identifyinq symbol of the business. 18. Institutional Sign. A sign which identifies a public or private institution including churches, schools, hospitals and medical clinics. 19. Motion Sign. A sign which revolves, rotates, has moving parts or gives the illusion of motion. 20. Nonconforming Sign, Legal. A sign which lawfully existed prior to the adoption of this Chapter, but does not comply with all requirements of this Chapter. 21. Nonconforming Sign, Illegal. Any sign in any district which was constructed in violation of any requirements of this Chapter, and is not a legal nonconforming sign. (Ref. 837) 22. Permanent Sign. A sign constructed of materials including plastic or metal that are durable and easily maintained, and which is intended to be used for an indefinite period of time. Signs painted directly on structures, wood or wood products are not authorized or included in this definition. 23. Personal Expression Sign. A sign which expresses an opinion or feeling of an individual or group and which its principal purpose is not for the promotion of any good or service. (Ref. 860) 24. Political Sign. A temporary sign advertising election issues or the candidacy of a person running for public office. 25. Portable Sign. Any temporary sign that is designed to be transported, including but not limited to: (Ref. 913) A. A sign with wheels removed. B. A sign with chassis or support constructed without wheels. C. A or T frame signs. D. Signs t�mporarily or permanently attached to the qround, a structure, or other signs. E. A sigm m�ounted on a vehicle for advertising purposes, parked, and visible from public right-of-way, except signs identifying the business when the vehicle is being used for normal day to day business operations. F. Menu andl sandwich boards. G. Searchlight stands. H. Hot air or gas-filled balloons or umbrella's used for advertising. I. 26. Porta-panel. Banners or pennants connected with a A portable sign, mounted on wheels and used for commercial as well as civic promotions. 27. Projecting Sign. A sign, attached to a wall, that projects perpendicular from a building or structure. 28. Real Estate Sign. A temporary sign �rected for the purpose of selling, leasing or promoting real estate. 29. A sign which is erected, constructed or attached above the roof line of a building, except where the roof is an extended facade or mansard. 30. Rummage/Garag�e Sale Sign. A temporary sign wh�ich advertises or directs the public to the sale of used merchandis�, sold from a private residence. 31. Shopping Center/Multiple Use Building. A building planned and developed for multiple occupancy whether as a commercial or inclustrial use. 32. Sign. A painted panel, �ettered board, series of letters or symbols or other display an� any supporting structure used to advertise, direct, identify, inform or convey a message to anyone who views it. 33. Sign Area. The area of a sign, including the bears the advertisement. In the symbols attached directly to any structure, it is that area which geometric figure �which can be made figure.or symbol. 34. Sign Area, M�ximum. border and the surface which case of inessages, figures or part of a building or sign is included in the smallest to circumscribe the message, The maximum allowable sign area for a single faced free standing sign refers to that single facing. When a free standing sign has multiple faces, then the maximum allowable sign area doubles. 35. Sign Structure. Any structure which supports or is capable of supporting a sign, but not including a building to which a sign is attached. 36. �ecial Event basis. 37. Temporary Sign. � Any sign fabricated of paper, plywood, fabric, or other light, impermanent material intended to be displayed unchanged for a period of 14 dayso (Ref. 913) 38. Wall Graphico A graphic desic�n or decorative mural, not intended for identification or advertising purposes, which is painted directly on the exterior surface of a building. 39. Wall Sign. A sign which is aittached to the wall of a building or structure. 40. Window Sign. A sign attached to the inside of a window for the purpose of viewing from out�ide the building. This term does not include merchandise locat�d in a window. 214.03. GENERAL PROVISIONS FOR ALL DISTRICTS GENERAL PROVISIONS The following provisions shall apply to Sections 214.04 through 214.07. Any sign shall be constructed in such a manner and of such material that it will be safe and substantial. Nothing in this Chapter shall be interpreted as authorizing the erection or display of any sign not now permitted under Chapter 205 of the City Code. 214.04. SIGNS PROHIBITED IN ALL DISTRICTS SIGNS PROHIBITED 1. Any permanent signs, other than qovernmental signs, erected or displayed upon any riqht of way or public property, exce�t as allowed in Section 214.15. 2. Any signs or wall graphics that contain words or pictures of obscene, pornogr�phic or immoral character. 3. Any signs painted directly on buildings. 4. Any signs which be reason of size, location, movement, content, coloring or manner of illumination may be confused with the light of an emergency or road equipment vehicle, a traffic sign, signal or device or which hides from view any traffic sign, signal or device. 5. Any projecting signs. 6. Any motion signs. 7. Any flashing signs, includinq neon. 8. Any signs located within a corner vision safety zone as defined in Chapter 205. 214.05. SIGNS PERMITTED IN ALL DISTRICTS SIGNS PERMITTED 1. Address Signs. Each dwelling, business or building must have a minimum of one (1) address sign, that is a minimum of three and one-half (3-1/2) inches high and a maximum of twenty-four (24) inches high. The sign must be illuminated or.reflective and visible from the public right of way. 2. Bench Signs. Displayed only at bus stops and cannot be any larger than or extend beyond any portion of the bench. 3. Flags. Shall be displayed as outlined in Title 36, Section 173-378 of the United States Code, State Flag and Corporate Flag. 4. 5. Governmental Signs. Informational Signs. Provided they meet the following requirements: A. B. A maximum size of four (4) square feet in area. A minimum distance of ten (10j feet from any property line or driveway. � 6. Institutional Signs. Provided they meet the following requirements: A. B. C. D. A maximum size of thirty-two (32) square feet in area. A minimum distance of ten (10) feet from any property line or driveway. A hospital emergency sign may be a maximum of 100 square feet in area. A maximum height of six (6) feet above the finished ground grade. 7. Personal Expression Sign. Provided they meet the following requirements: A. 8. C. A maximum size of thirty-two (32) square feet in area per sign. A maximum of three signs per tax parcel. A maximum distance of ten (10) feet from any property line or driveway. D. The sign is erected by the owner of the property upon which it is located, or the tenant with the permission of the owner. (Ref. 860) 214.06. TEMPORARY SIGNS PERMITTED IN ALL DISTRICTS TEMPORARY SIGNS 1. Construction Signs. A. Multiple Developments. Construction signs may be erected for the purpose of identifying a development of ten (10) or more dwellings, ten (10) or more mobile homes, three (3) or more multiple dwellings, or a building consisting of three (3) or more businesses or industries, with the following restrictions: (1) (2) (3) One (1) sign per street frontage. A maximum size of fifty (50) square feet in area per development. Located no closer than 100 feet to a building outside the development. (4) A minimum distance of ten (10) feet from any property line or driveway. (5) To be removed upon completion of the construction. B. Other Developments. (1) One (1) sign per building. (2) A maximum size of six (6) square feet in area. (3) A minimum distance of ten (10) feet from any property line or driveway. (4) To be removed upon completion of the construction. 2. Real Estate Signs. A. Multiple Developments. Real estate signs may be erected for the purpose of selling, leasing or promoting development of ten (10) or more dwellings, ten (10) or more mobile homes, three (3) or more multiple dwellings or a building consisting of three�(3) or more businesses or industries, with the following restrictions: (1) One (1) sign per street frontage. (2) A maximum size of fifty (50) square feet in area per development. (3) Located no closer than 100 feet to a building outside of the development. (4) To be removed when the project is ninety-five (95�) sold or leased. (5) A minimum distance of ten (10) feet from any property line or driveway. B. Other Developments. (1) One (1) sign per building. (2) A maximum size of six (c) square feet in area. 3. (3) �-- To be removed within five (5) days following the sale or lease of the building. (4) A minimum distance of ten (10) feet from any property line or driveway. (5) "Open House" signs are allowed only during the day of the open house. Political Signs. �� "" . `°' C . 4. 5. A maximum size of thirty-two (32) square feet in area. �o be remov within q fiv 5) da s following the election. � V' ✓,�.,� � � � Fifteen dollars $ 5.00 will be deposited with the City �� prior to the ere tion of ny signs and retained until all of the signs are removed. If all of the signs are not removed, the deposit will be used to defray the cost of removal. Any additional cost will be billed to the person posting the original deposit. D. Any sign larger than three (3) square feet in area must be placed a minimum distance of ten (10) feet from a street curb and ten (10) feet from any driveway. Rummage/Garage Sale Signs. A. A maximum size of three (3) square feet in area. B. To be removed within three (3) days following the sale. - i i=smair�3.- Special Event siqns • , '��C� J e°'�' A. Banners or pennants commemorating a special event not � connected with a business, are penaitted when installed no more than twenty-five (25) days prior to the event �� and removed within five (5) days following the event.� � , 214.07. SIGNS PERMITTED WITH A SPECIAL USE PERMIT PERMITTED WITH SPECIAL USE PERMIT 1. Automatic changeable signs are permitted in all districts except residential districts, and then only after the issuance of a special use permit subject to the following minimum conditions: A. Conformance to the sign requirements within that `�, � �� district . ��\d6�r B. The message shall not change mor than once every fifteen (15) minutes except for time, temperature, and/or date. 2. Billboards. 214.08. SPECIFIC DISTRICT REQUIREMENTS SPECIFIC DISTRICT In addition to those signs permitted in all districts, the following signs are permitted in each specific district and shall be regulated as to type, size, and setback according to the following requirements. 214.09. TYPES, SIZES, AND SETBACKS FOR RESIDENTIAL RESIDENTIAL DISTRICTS DISTRICT 1. Area Identification Signs. A. One (1) sign per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Wall Signs. A. One (1) sign per dwelling unit. B. A maximum size of three (3) feet in area. 214.10. TYPES, SIZES, AND SETBACKS FOR CR-1 DISTRICTS CR-1 DISTRICT 1. Area Identification Signs. A. One (1) sign per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of forty-eight (48) square feet in area per development. C. A maximum height of six (6) feet above the finished grade. D. A minimum distance of ten (10) feet from any property line or driveway. 3. Roof Signs. A. One (1) sign per development. B. The use of a roof sign will substitute for the free standing sign al.ong the street the roof sign is intended to be viewed. C. A maximum size of twenty-four (24) square feet in area. 4. A maximum coverage of forty percent (40�) of the window area, excluding merchandise. 5. Wall Signs. The total sign area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. 6. Portable Signs. (Ref. 913) A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Maximum Number of Businesses Permits Allowed 1 - 5 6 - 10 11 - 15 16 + 2 3 4 5 B. The use of such signs by businesses within the building shall be the responsibility of the property owner or designated manager. All temporary sign permit applications must be signed by said property owner or designated manager before processing can begin. C. All portable signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from any property line or driveway so as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money order must be provided to the City. Said deposit will be refunded only if sign is removed by noon of the next business day after the permit period expires. 214.11. TYPES, SIZES, AND SETBACKS FOR C-1, C-2 AND C-1, C-2 C-3 DISTRICTS AND C-3 A. One (1) sign per development. B. A maximum size of twenty-four (24) square feet in area. C. A minimum distance of ten (10) feet from any property line or driveway. 2. Free Standing Signs A, One (1) sign per street frontage. B. A maximum size of eighty (80) square feet in area per developmentF C. A maximum height of twenty-five (25) feet above the finished ground grade. D. A minimum height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone. E. A minimum distance of ten (10) feet from any property line or driveway. F. A minimum distance of fifty (50) feet from any residential district. 3. Roof Signs. A. One (1) sign per development. B. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intended to be viewed. C. A maximum of eicrhty (80) sauare feet in area. 4. Window Signs. A maximum coverage of forty percent (40�) of the window area, excluding merchandise. 5. Wall Signs. ,. Allowed only on two (2) different walls ver business. B. The total sign area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be 6. 7. placed. Portable Signs. (Ref. 913) A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The � number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Businesses 1 - 5 6 - 10 11 - 15 16 + Maximum Number of Permits Allowed 2 3 4 5 B. The use of such sign by businesses within the building shall be the responsibility of the property owner or designated manager. All temporary sign penait applications must be signed by said property owner or designated manager before processing can begin. C. All portable signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (1) feet from any property line or driveway so as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a permit, a deposit of $200.00 in the form of a certified check or money order must be provided to the City. Said deposit will be refunded only if sign is removed by noon of the next business day after the permit period expires. Billboards. Shall be permitted only in the C-3 District within this Section. Specific requirements are listed under Section 214.12.7. 214.12. TYPES, SIZES, AND SETBACKS FOR M-1 AND M-2 DISTRICTS 1. Area Identification Signs. A. B. C. One (1) sign per development. M-1 AND M-2 DISTRICTS A maximum size of twenty-four (24) square feet in area. A minimum distance of ten (10) feet from any property line or driveway. 2. Free Standing Signs. A. One (1) sign per street frontage. B. A maximum size of eighty (80) square feet in area per development. C. A maximum height of twenty-five (25) feet above the finished ground grade. D. A minimum height of ten (10) feet from the bottom of the sign to the finished ground grade when within twenty-five (25) feet of a driveway or a corner vision safety zone. E. A minimum distance of ten (10) feet from any property line or driveway. F. A minimum distance of fifty (50) feet from any residential district. 3. Roof Signs. A. One (1) sign per development. B. The use of a roof sign will substitute for the free standing sign along the street the roof sign is intended to be viewed. C. A maximum of eighty (80) square feet in area. 4. Window Signs. A maximum coverage of forty percent (40�) of the window area, excluding merchandise. 5. Wall Signs. A. Allowed only on two (2) different walls per business. B. The total sign area shall not exceed fifteen (15) times the square root of the wall length on which the sign is to be placed. 6. Portable Signs. (Ref. 913� A. May be displayed for a period of 14 days after a permit is issued by the City. Such signs shall be restricted to one per tax parcel/development at any one time. The number of permits issued per year for single and multiple use buildings/shopping centers shall be based upon the number of businesses within said building as follows: Number of Maximum Number of Businesses Permits Allowed 1 - 5 2 6 - 10 3 11 - 15 4 16 + 5 B. The use of such sign by businesses within the building shall be the responsibility of the property owner or designated manager. Al1 temporary sign permit applications must be.signed by said property owner or designated manager before processing can begin. C. All portable signs shall be located on the property on which the business is located. Such signs shall be located a minimum distance of ten (10) feet from any property line or driveway so as not to interfere with pedestrian or vehicular traffic. D. Prior to the issuance of a in the form of a certified provided to the City. Said if sign is removed by noon the permit period expires. 7. Billboards. permit, a deposit of $200.00 check or money order must be deposit will be refunded only of the next business day after Shall be permitted in only C-3, M-1 and M-2 Districts. The following requirements shall be considered as minimum standards when issuing a special use permit to erect a billboard. The City Council may impose additional requirements. A. Billboards shall be restricted to property adjoining the right of ways of Interstate Highway 694, Trunk Highway 47, Trunk Highway 65 and East River Road south of Interstate Highway 694. B. The maximum height is twenty-five (25) feet above the finished ground grade, unless the sign is intended to be viewed from a highway, then the twenty-five (25) foot maximum height shall be computed from the centerline of the traveled highway, but in no case shall the vertical distance between the bottom of the sign and the ground be reduced to less than ten (10) feet. C. The maximum sign area is per facing not to exceed East River Road south of Highway 47 and on Trunk per facing not to exceed Interstate Highway 694. attached back to back at forty-five (45) degrees. three hundred (300) square feet two (2) facings when erected on Interstate Highway 694, on Trunk Highway 65; and 750 square feet two (2) facings when erected on Double faced signs shall be a horizontal angle not to exceed D. The minimum distance between billboard signs is 1,000 E. feet when erected on the same side of the highway. The minimum setback from the highway right of way is thirty (30) feet. F. The minimum distance is 500 feet from a billboard sign to the intersection of any street or ramp where traffic crosses or merges at the same elevation. The distance is determined by measuring from the intersection of the street and highway centerlines and the sign. G. The minimum distance to a residential and public distance is 500 feet. H. The sign structure painted or treated proper maintenance sign permit. shall be all metal and be either to prevent deterioration. Lack of shall be cause for revocation of the I. The minimum distance to a railroad crossing is 350 feet when there are lights and a gate, and 500 feet from a railroad crossing without lights and/or a gate. J. Any lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. 214.13. TYPES, SIZES, AND SETBACKS FOR P AND PUD P AND PUD DISTRICTS DISTRICTS Sign requirements in Public and Planned Unit Development districts will be controlled by the City Council when any development is planned. 214.14. SHOPPING CENTERS AND MULTIPLE USE BUILDINGS SHOPPING CENTERS AND MULTIPLE USE BUILDINGS 1. Within 180 days of the adoption of this Chapter, all owners of shopping centers and multiple use buildings of three (3) or more businesses or industries, if they have not already done so, must submit a comprehensive sign plan to the City for approval. 2. All future signs erected within the shopping center or multiple use buildings shall conform to the conditions of the sign plan and may be subject to conditions other than those in the district regulations in order to promote unifosm sign appearance. 3. Existing signs within the shopping center or multiple use building which do not meet the requirements of this Chapter and/or sign plan, shall be defined as a legal nonconforming 11� � � 4Y" ° sign, and shall be subject to the restrictions set forth in 214.17.2.(B). (Ref. 837) 214.15. SIGNS WITHIN PUBLIC RIGHT-OF-WAYS C/"- ,� Applicability. �., �pplications for siqns to be constructed within public right-of- ways must meet the following circumstances: � the service, business. or occupancy offered by the property owner directly abutting the right-of-way. B: The public right-of-way must be identified as a collector in the City's Comprehensive Plan. C. The tiublic ricrht-of-wav must measure at least 100 feet 2. Review Process. Prior to constructincr a sign within the right-of-way, the property owner must receive City Council approval, and execute an agreement with the City to allow the sign to be constructed within the riaht- of-way. The agreement shall be in a recordable form and may provide for various conditions that the City Council deems it necessary to ensure the public health, safetv and welfare. 3. Standards for Signs. Any sign within the �ublic riQht-of-way shall meet the followinq standards• A. The sign shall be ground-mounted. No free-standing pylon signs shall be permitted. B. The sicrn shall be constructed with the followinct materials, eitY�er singlv or in combination: 1. Brick 2. Decorative concrete block 3. etal 4. Plastic materials typicallX associated with signage. C. A maximum height of ten (10) feet above the finished ground grade. D. � — — The sign may be illuminated. either internally or from lights mounted at the base of the sign. A minimum of ten (10) feet from any driveway. A maximum of ten (10) feet within the riqht-of-way. No temporary siqns shall be allowed within the right-of- waY• 214.16. SIGN PERMIT REQUIREMENTS SIGN PERMIT REQUIREMENTS 1. Sign Permit. A. Before a sign may be displayed in the City, the sign erector shall file an application with the City for permission to display such sign. B. A permit is required for all existing, new, relocated, modified or� redesigned signs except those specifically exempt under Section 214.15.1.E. C. The issuance of a permit may also be subject to additional conditions in order to promote a more reasonable combination of signs and to promote conformity with the character and uses of adjoining property. The conditions will be subject to the discretion of the City. Objections to the conditions can be appealed to the City Council by the applicant. D. S fee requirement. a nonprof t organization a t, but the City E. No permit is required to display the following signs. This shall not be construed as relieving the erector of a sign, or the owner of the property on which a sign is located from conforming with the other provisions of this Chapter: � � � (1) ( ) ( ) � ) ( ) ( ) Any address signs. Any signs erected by a governmental unit. Any bench signs. Any memorial signs or tablets containing the names of the building, its use and date of erection, when cut or built into the wall of a building. Any signs which are completely within a building and are not visible from the exterior of the building. �� . . ��y construction real estate. political or r�nmmage/Qarage sale siqns. 8) Aray siqns having an area of three ( 3) square feet or less. ) Aray advertising signs on litter receptacles having an area of four (4) square feet or less per side and limited to sixteen (16) square feet per receptacle, except that approval of the design and location of � tiae receptacle is required by the City Council. � �) Any personal expression signs which are erected by tiae owner of the parcel upon which the signs are to be placed, or by the tenant with the permission of tiae owner. (Ref. 860) 2. Permit Application. A. Applic�tion for a sign permit shall be made to the City on forms supplied by the City. B. If a sign has not been erected within ninety (90) days after the date of issuance of a permit, the permit shall become null and void unless an extension is granted by the City. C. The City may require other information as necessary to insure that the sign is erected in compliance with this Chapter. 3. Permit Feeso Sign permit fees shall be as provided in Chapter il of the Fridley City Code. 214.17. SIGN ERECTOR'S LICENSE REQUIREMENT SIGN ERECTORS' LICENSE REQUIREMENTS No person, firm, or corporation shall engage in the business of erecting signs under this Chapter unless a license to do so has been approved by the City Council. The annual license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. A license.shall not be required of any person who chooses to construct and erect their own sign on their own property 214.18. EXISTIATG SIGNS 1. Sign Maintenance. EXISTING SIGNS A. The structure and surfaces of all signs shall be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, re�ainting, cleaning and other acts required to prevent the sign structure and surface from becoming hazardous or unkept in appearance. B. When any sign is removed, the City shall be notified and the entire sign and its structure shall be removed. 2. Legal Nonconforming Signs. A. Any sign located within the City on the date of the adoption of this Chapter which does not conform with the provisions of this Chapter, is a"legal nonconforming" sign �nd is permitted, �rovided it also meets the following requirements: (1) The sign was covered by a sign permit on the date o� the adoption of this Chapter, if one was required under applicable law, or (2) If no sign permit was required for the sign in question, the sign was in all respects in compliance with applicable law on the date of the adoption of this Chapter. B. A sign shall immediately lose its "legal nonconforming" designation and be termed illegal nonconforn►ing if: (1) The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of t�is Chapter than it was before the alterations. (2) The supporting structure of the sign is replaced or r�modeled. (3) TB�e face of the sign is replaced or remodeled. (4) Tfl�e sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty p�rcent (50�) of the value of said sign, at which time all of the sign and its structure must be removed. (5) Notwithstanding subparagraph (1) above, upon the change of the name of the business being displayed on this sign. 3. Abandoned Signs. Any sign which iclent�.fies a use that has discontinued operation for a period of more than three (3) months or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs appl,icable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of more than three (3) months. An abandoned sign is prohibited and shall be removed by the owner of the sign or the property owner. 4. Illegal nonconforming signs are prohibited within the City of Fridley. Should an illegal nonconforming sign be found to exist, the owner of said sign will have thirty (30) days to remedy the situation in orie of the following manners: A. Remove the existing illegal nonconforming sign. If a new sign is desired, it must meet all applicable requirements of this Chapter. B. Obtain a sign permit for the existing illegal nonconforming sign, and if applicable, apply for a variance to eliminate the illegal nonconforming status. (Ref. �37) 214.19. ENFORCEMENT. ENFORCEMENT The City Manager or designated agent shall be responsible for the enforcement of this Chapter. 214.20. VIOLATIONS. VIOLATIONS 1. Any sign that does not comply with the provisions of this Chapter or that is a hazard to the health, safety and general welfare of �he public is hereby declared to be in violation of this Chapter. 2. Natification of Violation. A. If the City determines that any sign regulated by this Chapteg is unsafe, a menace to the public; or has been constructed or erected without a permit first being granted to the owner of the property upon which said sign has been erected; or is in violation of any other provision of this Chapter, then the City shall issue a written notice of violation to the property owner. If the owner fails to remove the sign or bring it into compliance with the provisions of this Chapter within ten (10� calendar days following the date af said n�tice, such sign(s) may be removed by the City. The co�t of this removal, including any City expenses, shall be a special assessment against the property upon which the sign(s) was located and shall be so noted in the written notice to the property owner. B. The City may cause any sign or sign structure which is an immediate public hazard, to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. C. When the City mails the notice of violation, copies will be sent to both the permit holder and the property owner, if they are different persons. 214.21. PENALTY PENALTY Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Each day the violation continues in existence shall be deemed a separate violation. All signs are subject to any penalty for violation of the district requirements where they are located, even when not required to pay a fee or acquire a permit. 214.22. APPEALS APPEALS To provide for a reasonable interpretation of the provisions of this Chapter, a permit applicant who wishes to appeal an interpretation by the City may file a variance application and request a hearing before the Appeals Commission. The Commission shall hear requests for variances and make their recommendation to the City Council in the following cases: 1. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the City in the enfo�cement of this Chapter. 2. Requests for variances from the literal provisions of this Chapter in instances where the strict enforcement would cause an undue hardship. Before the Commission shall grant a variance, it is the responsibility of the applicant to prove: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicini�y and district. B. That t�e variance is necessary for the preservation and enjoym�nt of a substantial property right possessed by other property in the same vicinity and district; but which is denied to the property in question. C. That the strict application of the Chapter would constitute an unnecessary hardship. D. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare or detrimental to the property in the vicinity or district in which the property is located. 3. All variances granted prior to November 21, 1977, unless otherwise specified by Council, remain in effect until: A. The sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. � B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty (50�) percent of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three (3) months to obtain a sign permit and construct a sign which meets all requirements of this Chapter or, obtain a variance for any new or existing sign which does not meet all requirements of this Chapter. (Ref. 837) ``'� 1 A N Chi(i UQ 9 � v N C�� A � ES O F . � Q G� September 19, 1989 Michele McPherson Planning assistant City of Fridtey Dear Ms. McPherson: VALLEY VIEW CHRISTIAN CHURCH o� , .'� . �,r<i. � ��, f �� , 1280 Regis Lane N.E. Frid{ey, Minnesota 55432 C612) 574-1720 �_ v � I am writing n behalf of the Fridley Ministerial Associa- tion with regard to city rules and regulations concerning signs Cas defined in city document 214.). The pastors present at our fall meeting unanimously agreed that church ou ht to be exem t com le the ermit fee, but from t e eDOS- � reauire en# and he W� oermit per yea� limit as well First of all, the churches of Fridley display siqns for non= profit purposes. Frequently, signs displayed by the churches are fo� public ser�ices offered by the churches. For just a few ex- amples, in the las� year alone, Valley View Church offered free 55 Ali�e Dri�ing Classes which allow seniars to get a 10% reduc- tion in their car insurance ra#es; we allowed the free use of our building to the Columbia Heights High School girls volley ball team to hold a fund raising dinner; and we held public inforrna- tian classes lead by experts representing all �iews about the abortion issue. Signs are necessary to let the public know what we ha�e to offer. A complete list of the ser�ices offered by all of the churches here in Fridley would,-I am sure, fill several pages. - Allowing only two permits per year also places an unrealis- tic hardship on the churches. Most of us ha�e many more than two special e�ents per yea�. How will we let peopte know about therr�? Restricting the use of signs by the churches or hindering their use br requiring fees, the filling out of paper worK, and limiting their number to two per year is not in the best interest of the public so faithfully served by the churches of Fridley. Sincerely, Bruce B�own President Fridley-Spring Lake ParK Ministerial Association Bruce Michael Brown, Pastor _ PLANNING DIVISION � MEMOR,ANDUM cinroF FRlDLEY DATE: September 22, 1989 TO: Planning Commission Members � FROM: Barbara Dacy, Planninq Coordinator Michele McPherson, Planning Assistant SU&7ECT: Comprehensive Plan Update: "Housing" Chapter � Attached is the proposed outline for the "Housing" chapter of the Comprehensive Plan. The analysis for the chapter is organized around the life cycle housing theory; various housing types for various stages of life. Please read and make comments and suggestions. 1�I/dn M-89-577 0 I. II. HOUSING Introduction and Definitions A. Life Cycle Housing B. Housing Type Definitions Existing Housing Inventory A. Number of Single Family Detached B. Nwnber of Single Family Attached l. Townhouse 2. Condominium 3. Double Bungalow 4. Triplex C. Number of Multiple Family 1. Apartments 2. Group Facilities a. Fridley Convalescent b. Lynwood Care Center c. Group Homes D. Number of Senior Housing 1. Multiple Family 2. Single Family E. Mobile Homes F. Rental versus Owner-Occupied Units G. Income H. Race I. Age J. Head of Household Housing Chapter Page 2 III. Housing Stock Condition A. Define Terms for Exterior Condition B. Define erm for� Interior Condition (Multiple Family Units �� UUvv�l� C. Tabulation of Housing Stock Condition 1. Single Family Detached 2. Single Family Attached 3. Multiple Family 4. Mobile Home 5. Tatal D. Identify Areas of Substandard Housing 1. Neighborhood Analysis IV. Existing Housing Supply A. Vacancy versus Occupancy 1. Single Family 2. Multiple Family B. Housing Costs 1. Rental Ranges 2. Owner-Occupied C. Income D. Housing Tenure V. Housing Demand A. Land Availability B. Household Formation C. Household Size D. Household Projections Housinq Chapter � Page 3 ��f �� \ E. Population Pro'ections " �� J � F. Employment Projection � � VI. Analysis of Gaps in Housing Continuwn A. Identify Housing Types which are Needed in Relation to Analysis of Demand and Household Projections. B. Analyze Neighborhood Areas 1. At risk 2. Standard 3. New C. Analyze Areas for Opportunities VII. Existing Housing Programs A. Federal 1. Section 8 2. Section 202 3. Section 235 4. Section 236 5. CDBG 6. Other B. State 1. MHFA 2. Other C. Anoka County D. Local VII. Goals and Policies New or Rehabilitated Housing � �/�, �� !`� L Housing Chapter Page 4 IX. Strategies A. Discuss Strategies to Provide Types of Housing Styles 1. Relate to Life Cycle Theory B. Strategies to Improve Substandard Housing C. Strategies to Maintain Standard Housing D. Strategies to Remove and Replace Substandard Multiple Housing CITY OF FRIDLEY JOINT ENVIRONMENTAL QUALITY COMMISSION/ ENERGY COMMISSION AUGUST 15, 1989 CALL TO ORDER• Chairperson Dahlberg, Environmental Quality Commission, called the August 15, 1989, Joint EQC/Energy Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Members Absent: Others Present: 1. NEW BUSINESS• Bruce Bondow, Paul Dahlberg, Dean Saba, Richard Svanda Bradley Sielaff, Steve Stark, Wayne Wellan Lisa Campbell, Planning Assistant a. Curbside Container Project Ms. Campbell stated the recycling bins had arrived and will be distributed as discussed by August 15. Mr. Dahlberg recommended contacting all persons who have received bins to encourage those who do recycle to continue to do so and also state that those who are not going to recycle to contact the City to turn in the containers so that those who wish to recycle can use them. He felt this should be pursued. Ms. Campbell indicated that the use of containers will be tracked until October 31. Such a letter could go out after that date. Mr. Svanda asked what was being "tracked", the number of househalds that are now recycling with bins or the quantity of materials being collected. Ms. Campbell stated that Super Cycle is tracking, in the pilot areas, pre-container participation and container participation levels by number of households. JOINT EOC/ENERGY COMKISSIONS I�EETING AIIG 15 1989 - PAGE 2 Mr. Saba asked why the Fridley logo was not on the containers. Ms. Campbell indicated it was decided to forego the Fridley logo because of the cost. Ms. Campbell indicated that the City had received a recognition award from the County of Anoka for achieving the 1988 goal. Ms. Campbell indicated that approximately 200 bins, enough for about 100 households, are available to be randomly distributed for those who call in saying they had been missed for curbside pick up. � Ms. Campbell indicated the drivers have been picking up only certain materials. She has talked with Super Cycle, and they don't understand. One week, the drivers did not pick up newspaper on one street. Last week, they did not pick up glass. It is possible that the glass was co- mingled, but it should have been tagged. Super Cycle will now be more stringent in its policies. Mr. Dahlberg asked if cans needed to be separated. Ms. Campbell stated cans did not need to be separated, but glass did. Materials must be out by 7:00 a.m. Mr. Svanda asked where the funds came from to continue the program. Ms. Campbell stated that staff and councilmembers talked with Anoka County first to discuss the County taking over the program which was not well received at that level. Mr. Dahlberg and Mr. Saba met with the City Manager, Councilmembers Billings and Schneider, and Mayor Nee and discussed what the policy options are, the costs, and the implications. Mr. Saba indicated that the policies regarding solid waste were also presented so that all present are aware of and understand what is taking place, and work toward resolving the problem. Mr. Dahlberg stated it was also requested that the commission be informed when the subject of recycling in on the agenda so that a commission member can be there. Also, copies of any correspondence wi11 be forwarded to JOINT E4C/ENERGY COMZ�IISSIONS MEETING AIIG 15 1989 _- PAGE 3 the commission. Councilmembers and staff were also invited to attend commission meetings. Ms. Campbell indicated that Mr. Burns considered the issue of recycling one of the primary concerns and wants to be involved in setting the policy. b. Household Hazardous Waste Ms. Campbell stated that the request to collect household hazardous wastes had been denied, as noted in her memo of August 10, 1989. Mr. Svanda stated that Anoka County is considering a permanent household hazardous site in which Fridley could then partic�ipate. c. Long Range Planning: Recycling Program and Options Ms. Campbell stated that the City Manager is moving into an 18-month planning period. In a 6-month period, the commission is requested to come up with bid specifications. In 18 months, the commission should look at options for providing recycling services. Ms. Campbell has ruled out organized collections. Options could include anything from the present situation to licensing haulers. The barrier to licensing haulers is that there is no processing facility in the County for recycled materials. Mr. Burns and Ms. Campbell toured the RDF in Elk River and met with a person from Scott County who licenses haulers and does not have a processing facility. He is on the schedule to speak at the September 19th meeting. Mr. Dahlberg stated this would be more of a sorting/ transfer facility. All licensed haulers could stop and drop off recycleable materials, so all haulers are licensed or mandated to haul recycled materials as well as refuse. Ms. Saba stated many people are upset about the surcharge that was added to the garbage hauling bills. He felt that out of the surcharge should provide some of the funding for recycling. Ms. Campbell thought that a portion of the surcharge would pay for local programs. Ms. Svanda thought the surcharge would be used for pay for the RDF. JOINT EQC/ENERGY COMMISSIONS I�[EETING AIIG 15,`1989 - PAGE 4 Ms. Campbell stated that this is a planning period. Mr. Burns would like the commission to meet every 2 weeks for a time. Mr. Dahlberg stated he would prefer not to do so until the commission is combined. Ms. Campbell stated she would explain that to Mr. Burns. What has been scheduled for the September 19th meeting is the representative from Scott County to discuss their approach, which is licensing the haulers; and Ms. Marilyn Corcoran to talk about the approaches used in Champlin and Brooklyn Park. Ms. Corcoran was the coordinator when Champlin adopted organized collection and she is now the coordinator in Brooklyn Park. Ms. Campbell stated she would try to get the commission change approved by that meeting, and then future meeting dates can be discussed at that time. Ms. Campbell reported that Mr. Burns had suggested developing a citizen survey to better determine citizen attitudes toward recycling. Every residential hauler has gone to a volume based fee. The tipping fees at the RDF are considerably more. Mr. Saba asked why the tipping fees are so high at the RDF. Ms. Svanda stated that the problem has been that the people who owned the landfills did not charge enough in the past, and now the fees reflect a business that is charging according to disposal costs. Mr. Saba asked who is monitoring costs. Ms. Campbell stated that Mr. Tim Yantos, Anoka County, could provide a breakdown of costs, which she will try to get. Mr. Saba asked if the RDF inakes the fuel for the burner. Ms. Campbell stated that at the tour at the United Power Association in Elk River the ash was wet and looked like a metal. She felt disposal of the ash would be a problem. Mr. Dahlberg asked when the curbside contract expires. Ms. Campbell stated that January 1 is the expiration date. The short-term, 6-month planning is until the end of the contract, and at which time specifications for the JOINT E C/ENERGY COMMISSIONS MEETING AIIG 15 1989 - PAGE_5 contractor should be determined. The long-term, 18-month planning should include a desireable approach, ways to limit City involvement, and look at both advantages and disadvantages. Mr. Dahlberg stated that the commission needs to work with the City Council and staff to establish a policy. Ms. Campbell stated that Mr. Burns has suggested extending an invitation to the Council and staff to attend the September 19th meeting to listen to the discussion. At the end, when we are done, we could look at approaches for a wrap-up meeting with the City Council. Mr. Svanda suggested having a meeting or report to the City Council perhaps once per month. Ms. Campbell asked if she should structure more. The commission felt she should. Mr. Bondow stated the commission is structured to be an advisory committee to look at needs and provide alternatives for those needs. Persons interested are welcome to attend meetings. Mr. Dahlberg stated that communication is important during the planning process. Even if the commission gathers information, evaluates the steps and methods established, perhaps we should provide several alternatives and provide the implications of each. Mr. Bondow stated that the discussions and information are stated in the minutes. Perhaps a conference meeting or special meeting could be held, and as a result of that meeting, the commission could make their recommendation. Ms. Campbell suggested that a Councilmember(s) could act as a liaison(s). Mr. Dahlberg stated that Council participation could be requested during this planning process and the Council could be asked to appoint a liaison to attend periodic meetings. Mr. Bondow stated that staff and Councilmembers are welcome to attend all commission meetings. Mr. Saba stated that the meeting on September 19th would be a good start. It is important to know what others are JOINT EOC/ENERGy CpMMISSIONS I�sEETING AIIG 15 1989 - PAGE 6 doing, what has been successful, and what has not been successful, what is being done in light of new restrictions, etc. Mr. Dahlberg stated it is important to get as much information as possible and need to find out who could provide valuable information. Mr. Svanda recommended contacting the Met Council, the Office of Waste Management, and Anoka County. The Office of Waste Management deals on a statewide basis. Ms. Campbell felt that the recycling coordinators who are actually implementing the programs would be a good source of information. Mr. Bondow felt the Met Council should be contacted to see what plans they are actively pursuing. Mr. Dahlberg also felt those persons who have presented information at the Anoka County meetings would be helpful. Ms. Campbell stated she would also contact Glynnis Jones, who is now a consultant. Mr. Bondow stated that in the process to develop long term policy it would be helpful to make a list of the issues and needs. Mr. Dahlberg agreed, but recommended getting information before starting that process. Ms. Campbell suggested a brainstorming session and then commit to meeting every two weeks in October. 2. OLD BUSINESS• a. Combining the Commissions Ms. Campbell stated she would pursue this issue and try to have the issue resolved by the September 19 meeting. 3. OTHER BUSINESS: a. Tire Recycling Ms. Campbell stated the City has $17,000 in civic donations originally intended for the household hazardous waste collection, which can now be used for another function, such as a tire collection. JOINT EOC/ENERGY COMMI88ION8 MEETING, AIIG. 15. 1989 - PAGE 7 Mr. Svanda provided information on tire collections, haulers, and processing facilities. He recommended that a contract be set up if such a collection is done. He estimated the cost of disposal to be 60 cents per tire. Ms. Campbell suggested a one-day tire collection. A contract would be established before that day. Andover had a collection with 129 participants and over 1200 tires collected. Mr. Svanda recommended getting in touch with the PCA. Ms . Campbell stated that most of the people who got money were second time applicants and had established a committee in the mean time. Mr. Svanda stated that part of the problem is not enough staff to work with the people. Four permanent satellites have been set up in the outlying areas which takes staff time. 3. OTHER BUSINESS: a. Recycling Award Ms. Campbell presented the award received from the County for surpassing the 1988 recycling goals. 12 communities out of 21 met or surpassed their goals in 1988. This year that number dropped to 6. b. Energy Office Mailing Mr. Bondow presented information received from the Minneapolis Energy Office. Ms. Campbell stated she would contact them to see what the response is from Fridley. c. Plastics Recycling Mr. Bondow presented an ad placed by Anoka County regarding plastics. He felt that the City should be working, in the long term, toward taking plastics as part of the recycling program. JOINT EOC/ENERGY COMMZSSIONS MEETING, AIIG. 15, 1989 PAGE 8 ADJOURNMENT• The Joint EQC/Energy Commission meeting adjourned at 9:00 p.m. Respectfully submitted, ��l �/;� ,�, �� ,�� Lavonn Cooper !' �� Recording Secretary CITY OF FRIDLEY 1�iPPEALB COMMISSION 1rIEETING, SEPTEMBER 5, 1989 ---------------------------------------------------------------- CALL TO ORDER• Chairperson Barna called the September 5, 1989, Appeals Commission meeting to order at 7:45 p.m. ROLL CALL• Members Present: Alex Barna, Diane Savage, Larry Kuechle Members Absent: Kenneth Vos, Jerry Sherek Others Present: Barbara Dacy, Planning Coordinator Orville and Jeannine Sachs, 1281 Hathaway Lane James and Beverly Wolfe, 1265 Hathaway Lane Bill and Janice Drigans, 1280 Hathaway Lane Kenneth Murphy, Fridley Alano Society Ben Ewers, 5680 Matterhorn Drive (See attached roster for names of people who appeared for variance request, VAR #89- 18 by Wayne Dahl) APPROVAL OF AUGUST 22 1989, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Savage, to approve the August 22, 1989, Appeals Coaunission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMODSLY. Mr. Barna stated that item #1, VAR #89-18, by Wayne Dahl, would be moved to the end of the agenda. 1. CONSIDERATION OF A VARIANCE VAR #89-19.BY ORVILLE AND JEANINE SACHS• 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the required front yard setback from 35 feet to 12 feet; 2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the required side yard setback from 10 feet to 9.1 feet; APPEALS COMMI88ION MEETING. BEPTEI�iER 5, 1989 PAGE 2 3. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley City Code to reduce the required side yard setback for an attached accessory use from 5 feet to 1 foot, To allow the construction of a double car garage on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E. MOTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON BARNA DECLARED THE PIIBLIC HEARING OPEN AT 7:48 P.M. Ms. Dacy stated the property is zoned R-1, Single Family Dwelling, and is located at the end of Hathaway Lane. Outlot C separates the subject property from Matterhorn Drive. Ms. Dacy stated the petitioner is requesting three variances in order to construct a 24 ft. by 24 ft. garage in front of their existing home. Ms. Dacy stated staff outlined other options for the petitioner and the City to consider in lieu of granting this variance since the variance request represents a significant encroachment into the front yard. The front yard setback of all the setbacks is typically held more important in order to maintain adequate space between the street and a structure, and to provide adequate area for off-street parking, and to provide a visual site distance for adjacent properties. Ms. Dacy stated staff looked at three other options: 1. To build a detached garage at the rear of the lot, and construct a new driveway along the western part of the lot. Because of the vegetation and the grade of the lot, this option was not feasible. 2. To add on to the back of the existing garage toward the rear of the lot. Staff understands that the petitioner's dining room is in back of the garage, and it would mean considerable more remodeling expense; however, in the eyes of the ordinance, it is still an option. 3. To utilize the City property to the east. The property measures approximately 7,993 sq. ft. This is below the square footage for a buildable lot. The City retained the lot in order to maintain the deadend turn-around for Hathaway Lane. Given the property is unbuildable because of lot area and the slope on the property, staff felt it might be prudent to go through the sale of excess property process and have the APPEALS COMMISSION KEETING 8$PT$MER 5 1989 PAGE 3 Council evaluate whether or not to convey a portion or all of the outlot to the Sachs. This process usually entails a two- month period and a public hearing before the Council before final determination. The petitioner would be responsible for relocating electric, telephone, and cable lines that now run along the eastern property line. If the petitioners were to receive a portion of Outlot, they would have to relocate those lines probably toward the east. Mr. McPherson met with an NSP representative on site last Friday. He was to have an estimate available for this meeting, but did not do so. Ms. Dacy stated staff's recommendation on the three variances is as follows: 1. Approval of the side yard variance from 10 feet to 9.1 feet for living space�area along the side lot line. 2. Denial of the front yard setback from 35 feet to 9 feet and the side yard setback from 5 feet to 1 foot, based on the fact that the sale of excess property option is available as well as the option to expand to the rear. Ms. Dacy stated if the Appeals Commission recommends approval to the Council, staff recommends three stipulations: 1. Approval of the variances pending approval of the vacation of the drainage and utility easement. 2. A grading and drainage plan be submitted for approval by City staff. 3. The addition shall be architecturally compatible with the existing house. Ms. Savage asked if there were some trees on Outlot C that would have to be cut down in order to construct the garage. Ms . Jeannine Sachs stated there were three mature Oak trees and one Cottonwood tree that would have to be cut down in order to provide access for emergency vehicles such as a fire truck. The trees are placed in such a way that they would all have to be cut down. Mr. Orville Sachs stated he is not interested in buying more property in order to build a garage. It was his understanding that in order to purchase the property, it would have to go out for bids and who knows what the price would be. Mr. Barna stated he thought bids were necessary only on tax forfeit properties. Since this property has been maintained as an outlot and has not been tax forfeit, he believed the City can sell the APPEALS COMMISSION MBETING. SEPTEMER 5. 1989 PAGE 4 property directly to an individual. This would have to be confirmed by legal counsel. Ms. Sachs stated that she was told by Ms. Dacy that the minimum value was $5,700 with taxes of $142 a year, unimproved. Mr. Sachs stated that in addition to that cost would be the moving of the overhead power lines. It is just too expensive. Mr. Bill Drigans, 1280 Hathaway Lane, stated they live directly across from Mr. and Mrs. Sachs. His understanding of the outlot is that it continues from the back of the Sachs' lot all the way across Hathaway Lane adjoining the Ewers' property (5680 Matterhorn Drive). He believed the $5,700 cost was for the entire outlot. Ms . Dacy stated the �ity Assessor looked at the outlot north of what they would convey to reserve a right-of-way. If they added that full extra length, which could be 60-80 feet, the value of that piece alone is $5,700 and added on to the Sachs' existing value could result in an increase of $150 a year in taxes. Through the excess property process, the City Council can determine whether they want to convey all of the outlot or part of it, depending on what the Sachs wanted. Mr. Drigans stated his property has a very steep driveway. In the wintertime when it is icy, they have literally slid across the street into the Sachs' driveway. They have taken out mailboxes across the street, their mailbox, and a hedge. Mr. Drigans stated when he served on the Appeals Commission and Planning Commission, they looked very hard at front yard variances, and he is sure the City still does when there are other options available. Since there are other options, he is opposed to the front yard variance. He felt the Sachs should seriously look at the outlot as a solution. Mr. Sachs stated their house is a repossessed V.A. house. It was their understanding at the time that the house was built to Code with the proper setbacks. When they looked at the possibility of building a garage after one winter, they had a surveyor survey the property, and that is when they discovered the house was not built to Code. Mr. Sachs stated when they first purchased the house, they had asked if the outlot was for sale, and they were told by someone at City Hall that the property was not for sale and that it was unbuildable piece of property. Mr. Sachs stated the proposed garage is not going to be the same height as the house. It is going to be down into the hill, so the garage will not stick out up in the air. Since there is no one on APPEALS COMMISSION MEETINt�, S$PTEMER 5. 1989 PAGE 6 Mr. Barna agreed with Mr. Drigans, but stated this is something that is definitely up to the City Council to decide. Mr. James Wolfe, 1265 Hathaway Lane, stated he lives right next door to the Sachs . He stated he has no obj ection to the Sachs building the garage. He stated no matter where the Sachs build the garage, there is still going to be the hazard of the neighbor directly across the street sliding across the street in the wintertime. Ms. Jan Drigans stated she can understand that their driveway is not the Sachs' problem. Her main concern is visual. Coming out so far from the house toward the curb is going to be a great inconsistency with the other houses in the neighborhood. The City has defined the front yard setback as 35 feet, and any inconsistency in that front yard setback impacts a neighborhood. MOTION by Ms. Kuechle, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PDBLIC HEARING CLOSED AT 8:30 P.M. Ms. Savage stated this is the most difficult front yard variance they have had to deal with. She assumed the Sachs have a need for a double car garage. There seems to be a lot of problems with the options. She thought this is a unique lot in that it would be very difficult to expand in the back yard because of the steep hill. They are on the end of a lot which does reduce the problem of the sight line. She is not too concerned about the problem of the neighbor's driveway, but she is concerned about the neighbors' difficulty with the visual aspect of the garage being fairly close to the street. However, she did think the plans as presented by the Sachs seemed very nice. She just did not see any solutions to the problems involved. Mr. Kuechle stated he liked the design. It would be attractive; however, he is very concerned about encroaching 23 feet into the front yard. He is not totally satisfied that the possibility of building to the side had been completely explored. It would seem that something could be worked out with the City. The trees are another problem that is difficult to resolve at this time. Because there are so many unanswered questions, he would not be in favor of the variance request. He would suggest the petitioner explore a little more carefully with the City the possibility of buying part of the outlot and what the price would be. Mr. Barna stated he sympathized with the Sachs and the neighbors. He has been on the Appeals Commission for 12 years and they have never allowed a front yard setback to this degree under these circumstanees. There really has to be an established hardship liPPEALS COMMISSION MEETING, 88PTEMER 5. 1989 PAGE 7 where there are no other alternatives. He stated he is not opposed to the side yard variance, but he is opposed to the front yard variance. OM TION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council approval of variance, VAR #89-19, by Orville and Jeanine Sachs, pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the required side yard setback from 10 feet to 9.1 feet, to allow the construction of a double car garage on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City council denial of variance, VAR #$9-19, by Orville and Jeanine Sachs: 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the required front yard setback from 35 feet to 9.2 feet; 2. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley City Code to reduce the required side yard setback for an attached accessory use from 5 feet to 1 foot; To allow the construction of a double car garage on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E., with the recommendation that the petitioner pursue the possibility of acquiring all or part of Outlot C from the City. IIPON A VOICE VOTE, ALL VOTING 7lYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. CONSIDERATION OF A VARIANCE RE4UEST VAR #89-20. BY FRIDLEY ALANO SOCIETY• Per Section 205.14.05.D.(5).(a) of the Fridley City Code to reduce the setback for all parking and hard surface areas from 20 feet from any street right-of-way to 9 feet, on Lots 18 through 24, Block 13, Bennett Palmer Addition, generally located directly north of the former Zantigo Restaurant. MOTION by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PIIBLIC HEARING OPEN AT 8:45 P.M. Ms. Dacy stated this property is located just south of 60th Avenue, east of University Avenue. The University Avenue Service Road runs �►PPEALS COMMISSION MEETING, SEPTBMER 5, 1989 PAGE 8 along the front of the property. This site, as well as the adjacent properties, are zoned C-1, General Business District, and abut R-1, Single Family, and R-2, Multiple Dwelling, districts on the other side of the property on 4th Street. Ms . Dacy stated that when the State made improvements to widen T. H. 47, they acquired the lots in Hyde Park along the west side, and apparently the Service Road in front of the subject property was part of the original University Avenue right-of-way. All of the establishments on this block down to 57th Avenue have either: (1) been using another location for the right-of-way line as the front property line, because all the other establishments have a 10 foot setback rather than the 20 foot setback; or (2) the 20 foot setback was somehow overlooked or waived. Staff found no records of variances being granted to the other establishments on this block. Ms. Dacy stated the petitioner is requesting a 10 foot variance from 20 feet in order to park 10 feet from the front lot line. This is consistent with the other establishments on this block. Ms. Dacy stated this item was reviewed with the City Attorney. The attorney's concern was he did not want to be recommending the City grant variances if there was legitimate warrant for changing the ordinance. The noncomformities in this area appear to be an isolated case and is not a situation to consider changing the ordinance. Ms. Dacy stated staff has to recommend denial of the variance request on the basis that the petitioner does meet the parking requirement set forth in the Code at the 20 foot setback. Ms. Dacy stated the Fridley Alano Society has an option on the lots to the north for additional parking. They meet the parking requirements, but based on their survey of the existing facility at Moon Plaza, they feel more comfortable with additional parking spaces for the new facility. They want to maximize the site as much as possible. Mr. Barna stated he did remember discussions about a 10 ft. variance for McDonalds when the drive-through was put in and for the Holiday Station quite a few years ago. Zantigo was built at the 10 ft. setback. Whether there were actual variances or just discussions, he was not sure. Mr. Kenneth Murphy stated they have received tremendous cooperation from the City and will abide by the City's decision. Mr. Murphy stated the Fridley Alano Society is an A.A. Club with a normal membership of 502 dues-paying members. They also have a drug program. They have 1,600-2,000 people a week go to meetings. The new building is 7,000 sq. ft. at a cost of $357,000. The APPEALS COMMISSION MEETING, 8$PTEMER 5. 1989 PAGE 9 building will be completely funded by recovering alcoholics. The only hardship he can say is that if they are short one parking space, that means one new member may not be able to come to the club. McDonalds and Zantigo are at 10 feet. He did not think Holiday has any setback. He thought they come right out to the sidewalk. St. Williams Church also comes right out to the sidewalk. MOTION by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINa AYE, CIiAIRPERBON BARNA DECLARED THE PIIBLIC HEARING CLOSED AT 9:05 P.M. The Commissioners looked at the aerial map showing the setbacks and boulevard of adjacent properties. Mr. Kuechle stated he is in favor of this variance since the 10 foot setback is existing for other businesses along this block. He stated this is the first time someone has come in to ask for more parking than the Code requires. If there was not enough parking, he would not want to see people parking on the Service Road. Ms. Savage agreed with Mr. Kuechle. She stated the 10 foot setback would conform with the other businesses in the area. She would like staff to make sure there is a good landscape plan. MOTION by Ms. Savage, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR #89-20, by Fridley Alano Society, pursuant to Section 205.14.05.D.(5).(a) of the Fridley City Code to reduce the setback for all parking and hard surface areas from 20 feet from any street right-of-way to 9 feet, on Lots 18 through 24, Block 13, Bennett Palmer Addition, generally located directly north of the former Zantigo Restaurant, with the stipulation that a landscape plan with screening for the rear lot lines by submitted for approval by staff. At minimum, a six foot screening fence shall be constructed. IIPON A VOICE VOTE, ALL VOTING AY$, CHAZRPERBON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. CONSIDERATION OF A VARIANCE VAR #89-18, BY WAYNE DAHL: Consideration of a variance request, VAR #89-18, by Wayne Dahl: 1. Pursuant to Section 205.04.05.B.(2) of the Fridley City Code to reduce the side yard setback between an accessory building and a side property line from 5 feet to 1 foot; APPEALS COMMISSION MEETING, 8$PTEMER 5, 1989 PAGE 10 2. Pursuant to Section 205.07.02.B.(1) of the Fridley City Code to increase the allowable total floor area of an accessory building from 1,400 sq. ft. to 1,670 sq. ft.; 3. Pursuant to Section 205.04.05.B of the Fridley City Code to allow the construction of an accessory building in the front yard; 4. Pursuant to Section 205.04.06.A.(1) to increase the allowed height of a fence in the front yard from 4 feet to 7 feet; 5. Pursuant to Section 205.25.08.C.(1) of the Fridley City Code to reduce the required setback from a bluff line overlooking the Mississippi river from 40 feet to 22 feet; to allow the construction of a second accessory building, on Lot 20, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E., Fridley, MN 55432 MOTION by Ms. Savage, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 9:13 P.M. Mr. Barna stated this public hearing is opened for the purpose of getting testimony from neighbors who have requested that opportunity. After testimony is received, this item should be tabled indefinitely as requested by the petitioner, Wayne Dahl, in a letter dated September 1, 1989. Mr. Dahl is not present at this meeting. Mr. Neal Hayford, 173 Hartman Circle, stated he has lived in this neighborhood for three years. He loves the neighborhood. It is a close, friendly neighborhood; and it has always been his dream to live on a river. Mr. Hayford stated the neighborhood was built to a standard in the 1950's and 1960's. Since that time, the owners have cared for and updated their properties. Every home on Hartman Circle really looks good from the street. By submitting the petition, the neighborhood is asking the City to uphold this neighborhood by enforcing the City Code as it is written. And, they want to support the City in its endeavors to do that. The codes are written for a reason, and they agree with these codes. They do not want the area redeveloped in a commercial standard which would be much different than it is right now. APPEALB COMMIBSION ME$TING, 8$PTEMER 5. 1989 PAGE 11 MOTION by Ms. Savage, seconded by Mr. Kuechle, to receive Petition No. 14-1989 dated Septeiaber 1, 1989, to the Appeals Commission, Planning Commission, and the City of Fridley, opposing the variance request by Wayne Dahl for a second accessory building. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Barna asked if there were any restrictive covenants on the properties' titles. Mr. Hayford stated there was at one time, but he believed those covenants expired in 1965-66. The covenants specifically address accessory buildings. He stated he had brought a copy of his covenant for the Commission's and staff's information. Mr. Hayford stated it is the neighbors' opinion that this second accessory building does not fit their residential neighborhood. He did not know of any residential neighborhood that needs a 9- stall garage or that large a square footage. Mr. Hayford stated this accessory building would be built right on the riverbank. The Mississippi River is a resource, and there is not that much riverbank. Building a garage on a riverbank seems an odd use of precious riverbank property. If this garage is built, he believed it would become an eyesore in the future. There are trees there now, but trees come and go, and this could also cause an erosion factor. MOTION by Mr. Kuechle, seconded by Ms. Savage, to receive a copy of a restrictive covenant for the Hartman Circle neighborhood. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Darlynn Ronn, 169 Hartman Circle, stated she lives right next to Mr. Hayford. She stated Mr. Hayford has expressed the feelings of the neighborhood very well. She stated they did have an appraiser come out and look at both plans that would have been submitted by Mr. Dahl, and they asked him for an evaluation of what the impact would be on the neighborhood with this 65 ft. accessory building. The appraiser strongly felt that it would devalue the property values for the City. He will be writing a report on the impact, value-wise, of this proposal. Mr. Barna recommended the City Attorney look at the restrictive covenant, the expiration of the covenant, and if it holds any restrictions over and above the City codes. APPEALS COMMISSION MEETING. BEPTEMER 5, 1989 PAGE 12 MOTION by Ms. Savage, seconded by Mr. Kuechle, to table VAR #89-18 by Wayne Dahl as requested by the petitioner for an indefinite period of time. IIPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANZMOIISLY. Ms. Dacy stated that the City will renotify the neighbors and those who attended this meeting of the new public hearing date. ADJOURNMENT• MOTION by Ms. Savage, seconded by Mr. Kuechle, to adjourn the meeting. IIpon a voice vote, all votinq aye, Cbairperson Barna declnred the Beptember 5, 1989, Appeals Commission meetinq adjourned at 9:31 p.m. Respectfully su itted, i � yn Saba Recording Secretary Y 8 I G N- IN B�, 8 E T l�PPEALS CO�ISSION MEETING, ' • s � Name Address/Business l � ' Gct �-,�1 �o� 2 ��✓G�-� /1 2 .��,-��/.�' ; _.. � � i �,,!."'�t�L_ /.:� � l 4�=.��:�t% - ..t:• - � � � � ��- � � � '. ` ' . jC.':� � '< • ! � �' — % � � � _li�.. � % o/ r;� ` Y � ,�. � , i ...t - �h^ �S w�., r.��"' / _ � � r? : `/�� =-L'/� �t}�., _ � � , _ � � � �^ ' _ � � ' L-+� � - , -. - � �t.�"�`` �� `- "-r �� 2 �(i� �i,(; "'��y' ��tZ-� �/�"��'�b� � ,-- / `"� �i �- " ^ ; ��.� � �_ � r � .J �� , .,- � �� . 0 , CITY OF FRIDLEY HIIMAN REBOIIRCES COMMISSION 1+IEETING� BEPT$MHER 7, 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Sherek called the September 7, 1989, Human Resources Commission meeting to order at 7:37 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Susan Sherek, Susan Jackson, Paul Westby, LeRoy Oquist Bill Campbell Steven Barg, Planning Assistant � APPROVAL OF JUNE 1 1989 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Jackson, to approve the June 1, 1989, Human Resources Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BHERER DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Mr. Westby, seconded by Mr. Oquist, to approve the agenda as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SHEREK DECLARED THE MOTION CARRIED IINANIMOIISLY. l. OLD BUSINESS• a. Update CDBG Fundinq Process Mr. Barg stated the City Council acted on the Human Resources Commissions' recommendations for CDBG funding on July 10, 1989. The City Council followed the Commission's recommendations except that North Suburban Consumer Advocates for the Handicapped (N.S.C.A.H.) received $1,000 and two of the counseling centers, Family Life Mental Health Center and North Suburban Counseling Center were reduced by $500 each. Contracts are now being processed. HIIMAN RESOORCES COMMISSION MEETING, SBPTEMBER 7, 1989 PAGE 2 Mr. Barg asked if the Commissioners had any thoughts for improvements to the CDBG funding process. One thing he might do in the future is stress to organizations seeking funding that CDBG funds are not to be used for capital expenditures, i.e., RIS�'s request this year. b. IIpdate/Discussion on Commission Orientation Manual Mr. Barg stated that the last meeting, staff was asked to contact the Cities of Roseville and Bloomington to see if they had any orientation manuals for new commissioners. He stated he contacted both cities and neither city has any type of formal written materials. Both said they have a verbal policy for commission orientation where staff talks to new commission members about their role as a commissioner, the functions of the commissions, possibly a tour of the City, etc. Mr. Barg stated it just seems like a good idea to have some type of brochure that gives a new commissioner a background of the City, functions and structure of commissions, etc. Ms . Sherek stated she thought a brochure would be helpful to have available for anyone. Maybe this could be a project for the League of Women Voters. A couple of other possibilities might be the Boy Scouts (as an Eagle project) and 4-H members. Ms. Jackson stated this information could also be printed in the City Newsletter. Ms. Jackson stated the Fridley High School used to have a quite active Political Science group. This might be a good project for this group. She stated she is willing to contact the Fridley High School about this possibility. Ms. Sherek stated that if they can find someone to put the brochure together, maybe the VFW or some other Fridley organization would be willing to donate the printing costs. Mr. Oquist stated he envisioned this as a 3-fold pamphlet that has an organizational chart of City government, commission structures, including HRA and Charter Commission, and CATV Advisory Commission, with a brief description on each Commission. Ms. Jackson stated the pamphlet could include the following: purpose of each Commission, how to get on a HIIMAN RESOIIRCES COI+IIrII88ION MEETING. BEPTEMBER 7. 1989 - PAGE 3 commission, departmental staff representation, and typical activities of each commission. Ms. Sherek stated further discussion will be continued at the next meeting. In the meantime, Ms. Jackson will contact the Fridley High School, and she will contact the League of Women Voters and possibly the Boy Scouts. c. IIpdate on Obsolete siqnaqe Project Mr. Barg stated that as he had stated at the June meeting, the Public Works Department intern will be working on this project. He will keep the Commission informed. 2. NEW BUSINESS• a. Presentation/Reqistration for 8tate-Wide Open 8ouse on Human Riqhts Mr. Barg stated Samantha Orduno, Assistant City Manager in New Brighton (formerly Management Assistant for the City of Fridley), wanted the Commission members to know that they are invited to the "First Annual Human Rights Open House" to be held in the City of New Brighton from 9:00 - 12:00 a.m. on Saturday, September 23, 1989. Mr. Barg asked any Commission members interested in attending to let him know, and he would make reservations. b. National orqanization on Disabilities Mr. Barg stated that apparently in the past, the City has been a member of this organization in what is known as the Community Partnership Program. Lynn Boergerhoff, a former Human Resources Commission member, was the City's representative. Apparently, counties can also have representatives. Anoka County is represented as a unit, and the City could also be represented as a unit. A representative serves for two years. There are annual cash awards competitions that recognize the accomplish- ments of the partners in the field of disability. Mr. Barg stated he talked to Roger Blohm about this, and Mr. Blohm stated he would be willing to be the City's representative. There is no cost to be a member. Ms. Sherek stated Mr. Blohm would be an excellent candidate to represent the City. He certainly has a lot of knowledge in the area of disabilities. She stated one of Mr. Blohm's and Mr. Ellingworth's major areas of concern is transportation which really is a problem in HIIMAN RESODRCES COMMIBSION MEETING. BEPTEMBER 7, 1989 PAGE � Anoka County, not only for the disabled, but for anyone who does not have a car. She stated the Commission could act as Mr. Blohm's conduit to City Council, whenever necessary. Mr. Barg agreed. MOTION by Mr. Oquist, seconded by Ms. Jackson, to appoint Roger Blohm as the City's representative in the Community Partnership Program of the National Organization on Disabilities. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BHERER DECLARED THE MOTION CARRIED IINANIMOIISLY. c. Human Riqhts Awareness/Handicnpped Accessibility to Municipal Center Ms. Sherek stated that since the last meeting, the Commission received an invitation from the State indicating that if the Commission was interested in planning either a Human Rights Awareness Day in the community or having a human rights awareness as part of another city activity, the State Department of Human Rights would be willing to offer assistance in various ways. She stated the only idea she had at this time was that if there is going to be any formal dedication of the newly remodeled Municipal Center, maybe this could be incorporated into that. Mr. Barg stated there is an open house planned for October. Mr. Barg stated he had met with Mr. Jesse Ellingworth and Mr. Roger Blohm that day regarding the new Accessibility Guide and they had informed him of a couple of problems regarding handicapped accessibility to the new Municipal Center. Apparently, there is a pretty high threshold on the front door that makes it almost impossible for a wheelchair to get over. Also, it takes quite a bit of pressure to open the door. He stated that since the City is helping sponsor the new Accessibility Guide, he will talk to John Flora, Public Works Director, to see if something can be done about some of the problems. Mr. Oquist stated it is not very difficult to put in an over the door sensor that will automatically open the doors. BIIMAN RESOIIRCLS COMMISSION MS$TIN(3. SBPT$MBBR 7. 1989 - PAQ$ 5 Ms. Sherek stated this is definitely worthy of consideration by the City to make the Municipal Center as accessible as possible to the disabled. d. Review Present workplan/Consider �Ter workplan Ms. Sherek stated the Commission needs to have a workplan per se as they have had in the past, but before they start the workplan, the Commission really needs to develop a focus for the year. Mr. Oquist agreed with Ms. Sherek. He stated the workplan is just too broad. They need to "zero" in on a given topic and then work on that topic for the year. Ms. Jackson suggested the "Senior Housing" issue as a focus . Ms. Sherek stated another thing the Planning Commission is discussing is looking at the entire Zoning Code for the City of Fridley. As the Planning Commission progresses in its discussions on that, she can see some of the issues that might be recommended for consideration by the City Council as having a potential impact on what she considers the rights of individuals living in Fridley. The Planninq Commission might want some input from the Human Resources Commission on some of these issues. Mr. Oquist stated he was very surprised that the Human Resources Commission has not had a more active role in the senior housing issue. Ms. Sherek stated that when representatives of the consulting firm conducting the senior housing study came to the Human Resources Commission meeting, they discussed a variety of housing and figures. She stated she was very concerned because she felt they were playing with numbers. The Commission needs to know the status and future of the senior housing issue. Ms. Sherek stated that there are some land use issues that are going to be considered in the long range planning. At a Planning Commission meeting, she had suggested more mobile homes at the intersection of Central Avenue and Osborne Road. One of the topics in the update of the Comprehensive Plan is how to get rid of the mobile home parks that are alonq Central Avenue. She stated the mobile home parks are much better neighbors than the apartment buildings and double bungalows. They fill a distinctive need for a portion HIIMAN RESOIIRCES COMMI88ZON MEETING, SEPTEMBER 7. 1989 PAGE 6 of the population. They are infinitely superior to rental housing, because they are owner-occupied with a park owner. It provides affordable housing with the ownership factor, but there is also some control there. This might be a recommendation that should be made again. The Commissioners were in agreement with the following focuses: l. Senior Housing issue 2. Any impact updating the Comprehensive Plan has on the citizens of Fridley. Ms. Jackson stated she can see the Commission either meeting jointly or attending some Planning Commission meetings. Ms. Sherek stated two other issues she can think of that affect the citizens of Fridley are recycling and what is going to happen with the school districts. The recycling issue is handled by the Environmental Quality Commission, and the school district issue is beyond the Human Resources Commission's scope. Ms. Jackson stated another issue time is the drug issue. It is a matter, and a community matter; major issue nationwide. that might develop over police matter, a school and it is emerging as a Ms. Sherek asked if the Commission should continue to have information-gathering sessions? They could possibly write a bi-weekly or monthly column in the Fridley Focus sharing this information with the public. Mr. Barg stated that is a possibility. Maybe the Commission could co-sponsor a program or speaker with the schools, for example, on some of the issues mentioned in an attempt to get the community more informed and more involved. Mr. Oquist stated that is a very good idea. I�Is. Sherek requested staff to invite Barbara Dacy, and possibly Jock Robertson, to come to the next meeting to give the Commission an comprehensive update on senior housing. She would also like Ms. Dacy to address the Comprehensive Plan update process. Mr. Oquist stated that before the Access Guide goes to print, he would like the Commission to review it. gpMAN RESOIIRCES COMMISSION MEETING, BEPTEMBER 7. 1989 - PAGE 7 Mr. Barg stated he would have the drafted Access Guide available for the Commissioners at the next meeting. Ms. Sherek asked staff to provide a copy in advance of the next meeting so the Commissioners have time to review it before the meeting. Mr. Barg stated he had met that day with Mr. Ellingworth and Mr. Blohm regarding the Access Guide. Once the Acce�he Access Guidenshou d be madelavailable and how to how publicize it. Ms. Sherek stated the guide should be made available at such facilities such as Village Green, Fridley Senior Center, Fridley Municipal Center, area churches, doctors and dentist offices, Unity Hospital, library. Mr. Westby stated it could be publicized through the Fridley Focus, Fridley Newsletter and cable TV. Ms. Jackson stated maybe the Fridley Focus might be willing to publish a portion of the Access Guide each week. Ms. Sherek stated they might do that, or they could publish a sample page showing people the type of information available in the guide and where they can get a copy. Mr. Westby brought up the possibility of the Access Guide being given to the Fire Department who has the names and information on mobility-impaired homeowners in the City of Fridley for emergency reasons. He understood this information cannot be released to the public, but maybe the Fire Department would be willing to mail out Access Guides to those people. Mr. Barg stated Commissioners will the Commission for ADJOURNMENT• that after the next meeting, the be better able to develop a focus for the coming year. MOTION by Mr. Oquist, seconded by Mr. Westby, to adjourn the meeting. �pon a voice vote, all votfnq aye, Chairperson Sberek declared the September 7, 1989, Human Resources Commission adjourned at 9:30 p.m.