PL 05/27/1992 - 30756CITY OF FRID7�EY
PLANNING COMMI88ION MEETING, MAY 27, 1992
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CALL TO ORDER:
Chairperson Betzold called the May 27, 1992, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Brad Sielaff
Members Absent: Connie Modig, Diane Savage
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Gerald Pehl, 1250 Mississippi Street N.E.
Russell Humphrey, 8100 East River Road
APPROVAL OF MAY 13. 1992. PLANNING COMMISSION MINUTES:
� MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve the May
13, 1992, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL DOTIN(3 AYE, CHAIRPER80N BETZOLD DECLARED
THE MOTION CARRIED QNANIMOIISLY.
1. PUBLIC HEARINGs CONSIDERATION OF A SPECIAL USE PERMIT SP
#92-05, BY GERAL� AND DOROTHY PEHL:
Per Section 205.08.01.C.(1) of the Fridley City Code, to allow
a second accessory building over 240 square feet on the North
213.0 feet of that part of Lot 15, Auditor's Subdivision No.
88, lying East of Moore Lake Highlands First Addition, except
the South 85 feet thereof and also except the North 33 feet
thereof, generally located at 1250-1260 Nlississippi Street
N.E.
MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the
reading of the public hearing notice and open the pul�lic hearing.
QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTTZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARIN(� OPEN AT 7s32 P.M.
Ms. McPherson stated the property is located at the intersection
of Mississippi Street and Pierce Street and west of Central Avenue.
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PLANNING CON�lI88ION MEETING. MAY 27. 1992 PAaE 2
Ms. McPherson stated the property is zoned R-2, Two Family
Dwelling. There is additional R-2 zoning to the south, C-1, Local
Business zoning to the east, and R-1, Single Family Dwelling zoning
�o the west. Currently located on the property is a two family
dwellinge
Ms. McPherson stated the petitioner is requesting a special use
permit to allow the construction of a 22 ft. by 24 ft. second
accessory building in the southeast corner of the propertye The
proposed use of the accessory structure is for a woodworking shop.
The accessory structure will have one 8 foot overhead door which
will face Pierce Street on the west wall of the accessory
structure, and there will be a standard service door to provide
access into the structureo
Ms. McPherson stated the petitioner is proposing to locate the
second accessory structure over an existing ten inch sanitary sewer
line. The City does not have an easement for the location of this
sewer line; however, the Engineering Department has surveyed the
property and located the sewer line and has drawn up an easement
document which has been given to the petitioner for execution. The
petitioner's legal counsel will review the document prior to
executing the document with the City. The easement is necessary
as it allows the City access onto the property should the line need
� repair or maintenance.
Ms. McPherson stated a hold harmless agreement should also be
executed between the petitioner and the City to ensure that �the
City will not be held liable if the structure is damaged in any
way should the City need to access the utility line for maintenance
and repaire
Ms. McPherson stated the Commission has a memo from the Engineering
Department stating the City has no problem with the location of the
proposed accessory structure.
Ms. McPherson stated the petitioner is proposing that the struc�ure
will be architecturally compatible with the existing dwelling, and
no additional curb cuts will be required for the accessory
structure from either Mississippi Street or Pierce Street.
Ms. McPherson stated the petitioner needs to be aware that the
Zoning Ordinance prohibits the use of the accessory building for
a home occupation. A section of the Zoning Ordinance regarding
home occupations was included in the Commission's agenda packet.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the special use permit request,
SP #92-05, for a second accessory building over 240 square feet,
with the following stipulations:
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PLANNINa COMMI88ION MEETINa, I�AY 2i, 1992 PAaE 3
1. The accessory structure shall be architecturally
compatible with the existing dwelling unit and shall not
exceed 14 feet in height.
2. The petitioner shall convey a ten foot utility easement
for the sanitary sewer line.
3. The petitioner shall execute a hold harmless agreement
which releases the City of any liability to the accessory
structure as a result of repairs or replacement of the
sanitary sewer line.
4. The accessory building cannot be used for the conduct of
a"home occupation" as defined in the zoning code.
Mr. Pehl stated woodworking is his hobby and he is now nearing
retirement. He has always had his shop in the garage, and the cars
have had to sit outside. He would like to build the second
accessory structure for his woodworking shop. iie will then be able
to have his cars and his woodworking equipment insides
Mr. Pehl stated he will need to provide a curb cut to provide
access to the structure in order to bring in tools and machiraery.
,—� Mr. Betzold stated his only concern would be the noise of the
machinery. Should they put a restriction on the hours of
operation?
Mr. Pehl stated he had a woodworking shop in his garage when he
lived in New Brighton from which he moved a few months ago. He
never had any complaints from the neighbors. He seldom works late
at night.
Mr. Pehl stated the building he is proposing will be fully
insulated so the sound will be mufflecl. The machines are also not
running continuously. He will certainly make every effort to not
disturb the neighbors.
Mr. Saba stated he did not think they want to add any stipulation
regarding hours of operation. Any complaints can be handled
through the normal code enforcement process.
Ms. Sherek agreed. She stated that where this property is located
on Mississippi Street, the people in this area are certainly used
to living with noiseo
Ms. Dacy stated staff wanted to make the home occupation ordinance
clear to the petitioner, because what may be a hobby now for
retirement may turn into some type of small business in the future,
and staff wanted to make sure the petitioner knew that would be
^ contrary to the ordinance.
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PLANNING COA�lI68ION MEETING, MAY 27, 1992 PAaE 4
Mr. Pehl acknowledged that he understood the ordinance
requirements.
MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTINa AYF� CHAIRPERBON BETZOLD DECLARED
THl; MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:95 P.M.
MOTION by Mr. 5ielaff, seconded by Mr. Kondrick, to recommend to
City Council approval of special use permit, SP #92-05, by Gerald
and Dorothy Pehl, per Section 205.08.01.C.(1) of the Fridley City
Code, to allow a second accessory building over 240 square feet on
the North 213.0 feet of that part of Lot 15, Auditor's Subdivision
No. 88, lying East of Moore Lake Highlands First Addition, except
the South 85 feet thereof and also except the North 33 feet
thereof, generally located at 1250-1260 Mississippi Street N.E.,
with the following stipulationss
1.
2.
The accessory structure shall be architecturally
compatible with the existing dwelling unit and shall not
exceed 14 feet in height.
The petitioner shall convey a ten foot utility easement
for the sanitary sewer line.
3. The petitioner shall execute a hold harmless agreement
which releases the City of any liability to the accessory
structure as a result of repairs or replacement of the
sanitary sewer line.
4. The accessory building cannot be used for the conduct of
a"home occupation" as defined in the zoning code.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED ONANIMOIISLY.
Ms. McPherson stated this item will go to City Council on June 29,
1992.
2. REVIEW OF RESEARCH REGARDING CAR WASHES IN THE C-1. LOCAL
BUSINESS DISTRICT:
Ms. McPherson stated that at the last meeting, the Planning
Commission reviewed two items for the property at 8100 East River
Roacl. One item was a rezoning request to rezone the property from
C-1, Local Business, to C-2, General Business. The second item was
for a special use permit to allow a car wash in the C-2 district.
Ms. McPherson stated the Commission directed staff to conduct an
analysis to determine if it would be feasible to amend the C-1,
Local Business district, to allow car washes as a special use
PLANNINa CO1�II88ION MEETING, MAY 27. 1992 PAGE 5
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instead of pursuing the rezoning request. Staff has conducted that
analysis.
Ms. McPherson stated that staff examined other communities'
ordinances regarding car washes, and the results of that analysis
were included in the agenda packet. The results were that
communities are typically limiting car washes to their higher
intensity commercial and industrial districts. The results were
not conclusive as to whether or not car washes were allowed by
right or by special use. Each community had some additional
restrictions depending upon where the car wash was to be located.
For example, while Maple Grove permitted a car wash by right �n the
commercial district, the property was not permitted to abut a
residential zoning district. There were some additional parking
requirements.
Ms. McPherson stated staff also researched the issue of whether or
not a distinction was made between roll-over car washes as proposed
by the petitioner or the tunnel style car washes such as Riverside
Car Wash.
Ms. McPherson stated staff looked at the different locations in
the community which are currently zoned C-1, Local Business, and
a map was included in the agenda packet. Of the eight locations
which are zoned C-1, Local Business, four of the locations are
^ adjacent to residential districts and`four are located adjacent to
other commercial districts. Obviously, the impact of the car wash
would be greater to the adjacent residential properties versus the
adjacent commercial properties.
Ms. McPherson stated staff tried to objectively look at the
advantages and disadvantages of amending the C-1 zoning district
to permit car washes as a special use. The disadvantages tend to
outweigh the advantages. The advantages are that there would be
minimal impact on adjacent commercial properties, and it would
allow greater flexibility for the property owner to market and to
use the property.
Ms. McPherson stated the disadvantages to amending the zoning
ordinance would include the increased traffic, the potential hours
of operation, the noise of the car wash, especially dryers and the
accessory vacuum cleaners, adequate buffering standards, and the
possibility of increased air pollution as the result of the
increased stacking of cars.
Ms. McPherson stated she spoke with the petitioner, Mr. Kisch, who
estimated that between 150-200 cars visit his Maple Grove car wash
on an average busy Saturday from 7:00 a.m. to 10:00 p.m. He
estimated that the car wash at 8100 East River Road would probably
have half that number of cars.
^ Ms. McPherson stated staff is recommending that the Planning
Commission not consider amending the C-1, Local Business,
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PLANNING COMMIBSION MEETING. MAY 27, 1992 PAaE 6
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regulations to allow car washes as a special use permit. However,
if the Commission chooses to recommend that the City Council
consider amending the C-1 ordinance, staff has three
recommendations:
1. The Planning Commission should conduct a public hearing
and invite those residents adjacent to the four locations
of C-1, Local Business zoninge
2. The Planning Commission shouldclevelop specific standards
to address the impacts of noise, hours of operation,
traffic, buffering, etc., which must be met prior to
issuance of a special use permit.
3. If the zoning ordinance amendment is approved, the
petitioner, Don Kisch, will be required to file and
receive a variance for those items which do not conform
with the C-1, Local Business district regulationsa
3. (TABLED 5 13j92) PUBLIC HEARING: CONSIDERATIOAT OF A SPECIAL
USE PERMIT. SP #92-03, BY DON RISCH:
Per Section 205.14.01.C.(6) of the Fridley City Code, to allow
a motor vehicle wash establishment on Tracts A and B,
Registered Land Survey No. 125, generally located at 8100 East
^ ltiver Road N. E e
PUBLIC HEARIATG CLOSED.
MOTION by Mr. Kondrick, seconded by Mrs Saba, to reopen the
public hearing.
IIPON A VOICE VOTE� ALL VOTIN(� AYE� CHAIRPERBON BETZOLD
DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT
7:55 P.M.
Mr. Humphrey stated he is the manager of the store at 8100 East
River Road, and he is representing the petitioner, Mr. Kisch. He
stated the car wash will improve the property. As far as the
neighborhood is concernecl, input from the n'eighborhood indicates
that they would really like a car wash at this location. It would
be more convenient for them.
Mr. Humphrey stated that as far as the stacking of cars, they
seldom see more than 3-4 cars at any one time, and these cars would
be behind the property.
Mr. Betzold stated the streets in this area are pretty narrow, and
East River Road is very busy and getting busier. There might
typically be only 3-4 cars in line at one time, but there are going
to be peak times during the year when there is too much congestion
� at that point of East River Road or on the already narrow streets.
Are they trying to put too much on this property?
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PLANNINa COMMI88ION MEETING, MAY 27. 1992 PAGE 7
Mr. Humphrey stated he understood Mr. Betzold's point. However,
the length of the car wash itself is 5 minutes or less. The way
it is proposed, the cars would enter from Fairmont and go behind
the building. He just does not anticipate more than 3-4 cars at
the same time waiting for the car wash. The most cars he has ever
seen at one time is 5-6 cars at the Maple Grove site which is a
very large station.
Mr. Humphrey stated they feel the addition of the car wash will
give them the opportunity to increase their regular business. That
store has been down for so many years, and they are trying to
upgrade the property and make it a successful business.
Ms. Sherek stated Mr. Humphrey and Mr. Kisch may well do a
vaonderful job now, but in the future when the property changes
hands, the City does not know what is going to happen. The
procedure to remove a special use permit once it has been granted
is almost impossible. She has a problem with amending the C-1
zoning to permit any more intensive uses adjacent to residential
areas. She stated the other consideration is that overuse of a
property also causes a lot of problems.
Mr. Saba stated he agreed with Ms. Sherek. When they allow a more
� intensive use next to a residential district, they have to be
concerned with the neighbor who is trying to enjoy his/her
property. Even though they had discussed at the last meeting that
the roll-over type car washes are less noisy and intensive than
the standard tunnel-type car washes, he did agree that they really
do not belong next to residential neighborhoods.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N HETZOLD DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARIN(� CLOSED AT 8s05 P.M.
MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend to
City Council denial of special use permit, SP #92-03, by Don Kisch,
per Section 205.14.01.C.(6) of the Fridley City Code, to allow a
motor vehicle wash establishment on Tracts A and B, Registered Land
Survey No. 125, generally located at 8100 East River Road N.E.
IIPON A VOICE VOTE� ALL VOTIN(3 AYE� CSAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
Ms. Dacy stated that on June 1, 1992, the City Council will
establish the public hearing on the rezoning for June 29, 1992.
The special use permit will also be heard that night. Along with
the rezoning and special use permit, staff will include the
i� analysis and the Planning Commission minutes on the C-1 option.
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PLANNINa COP�iI88ION MEETING. MAY 27, 1992 PAGE 8
4. ELECTION OF VICE-CHAIRPERSON:
Chairperson Betzold declared the nominations open for vice-
chairperson.
Mr. Saba nominated Dave Kondrick to continue as vice-chairperson.
Hearing no other nominations, Chairperson Betzold declared the
nominations closed.
MOTION by Mr. Saba, seconded by Ms. Sherek, to cast a unanimous
ballot for Dave Kondrick as Vice-Chairperson of the Planning
Commission for 1992-93e
IIPON A VOICE VOTL, ALL VOTINC, AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
5. RECEIVE THE APRIL 21. 1992. ENVIRONMENTAL OUALITY AND ENERGY
COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the April
21, 1992, Environmental Quality & Energy Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYP, CHAIRPERSON BETZOLD DECLARLD
� THE MOTION CARRIED IINANIMOIIBLY.
6. RECEIVE MAY 7. 1992. HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
May 7, 1992, Human Resources Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE MOTION CARRIED IINANIMOIISLYe
ADJOURNMENT:
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Betzold
declared the motion carried and the May 27, 1992, Planning
Commission meeting adjourned at 8:10 p.m.
Re pectfully submitted,
Ly e Saba
Recording Secretary
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