PL 09/21/1994 - 6940�-
PLANNING COMMI3SION MEETING
WEDNESDAY, SEPTEMBER 21, 1994
7:30 P.M.
PUBLIC COPY
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City of Fridley
A G E N D A
PLANNING COMMISSION MTG. WEDNESDAY, SEPTEMBER 21, 1994 7:30 P.M.
LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER•
ROLL CALL•
APPROVE PLANNING COMMISSION MINUTES: September 7, 1994
1Tabled 9/7/94� PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE
PERMIT, SP #94-12. BY MONTE AND MICHELLE MAHER
Per Section 205.24.04.D of Fridley City Code, to allow
construction in the flood fringe district on Lots 16 - 21 with
exceptions, Block W, Riverview Heights, generally located at 7965
Riverview Terrace 1d.E.
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-
13, BY JOHN RICE, JR.:
Per Section 205.07.01.C.(1) of the Fridley City Code, to allow a
second accessory structure over 240 square feet; and per Section
205.24.04 of the Fridley City Code, to allow construction of an
accessory structure in the flood fringe district, on Lots 19 -
22, Block U, Riverview Heights, generally located at 8041
!� Riverview Terrace N.E.
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-
14, BY WAL-MART STORES:
Per Section 205.14.O1.C.(13) of the Fridley City Code, to allow
the expansion of an existing garden center on Lot 1, Block 1,
Wal-Mart in Fridley, the same being 8450 University Avenue N.E.
LOT SPLIT REOUEST, L.S. #94-05 BY JOHN TILLER-
To split Lot 20, Auditor's Subdivision No. 92 into two parcels:
Parcel A
That part of the south half of that part of Lot 20,
Auditor's Subdivision No. 92, Anoka County, Minnesota, which
lies north of the south 178 feet of said Lot 20, except the
westerly 20 feet.
Parcel B
That part of the south 178 feet of said Lot 20 lying west of
the east 75 feet of said Lot 20.
This property is generally located at 1535 Gardena Avenue N.E.
^ PRESENTATION BY DESIGN CONSULTANTS ON THE SOUTHWEST QUADRANT
OTHER BUSINESS•
ADJOURNMENT
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CITY OF FRIDLEY
PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994
CALL TO ORDER:
Chairperson Alewman called the September 7, 1994, Planning
Commission meeting to order at 7:35 p.m.
ROLL CALL:
Members Present:
Members Absent:
Dave Newman, Dave Kondrick, LeRoy Oquist,
Brad Sielaff, Dean Saba, Connie Modig
Diane Savage
Others Present: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Martin Stapleton, Esq., 2300 American Bank
Building, St. Paul, Minnesota
Patricia & David Younkin, 5401 Matterhorn
Drive N.E.
, . Chuck McQuillan, Sam's Auto Buying Program
Mr. & Mrs. Donald Copeland, 7981 Broad Avenue
N.E.
Tim Nelson, Commercial Property Investments
Monte Maher, 7965 Riverview Terrace N.E.
{8:25 p.m.)
APPROVAL OF AUGUST 24. 1994, PLANNING COMMISSION MINUTES:
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the
August 24, 1994, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE. MOTIdN CARRIED IINANIMOOSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#94-10, BY DAVID AND PATRICIA YOUNKIN:
Per Section 205.07.O1.C.(1) of Fridley City Code, to allow
accessory buildings other than the first accessory building
over 240 square feet on Lot 2, Block 6, Innsbruck North,
generally located at 5401 Matterhorn I�rive N.E.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the
reading of the public hearing notice and to open the public
hearing. ,
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEAMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:36 P.M.
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PLANNING COMMI83ION MEETING, SEPTEMBER 7. 1994 PAGE 2 �
Ms. McPherson stated the request is to allow a second accessory
structure over 240 square feet. The subject parcel is 5401
Matterhorn Drive N.E. which is generally located in the southeast
corner of the intersection of Matterhorn Drive and Hillwind Road.
The property is zoned R-1, Single Family, as are the surrounding
parcels.
Currently located on the property is a single family dwelling '
unit and an attached two-car garage. The petitioner originally
proposed to construct a 30 foot x 30 foot detached accessory
structure along the southwes,t lot line. In calculating the
square footage of the existing accessory structure plus the
proposed structure, the total would be 1,524 square feet. The
zoninc� code permits a maximum of 1,400 square feet of accessory
5tructures. Staff spoke with the petitioner on August 31, 1994,
and he agreed that it would be possible to reduce the structure
to 30 feet x 25 feet to comply with the code and to avoid a
variance. The petitioner also indicated that vehicles, a boat,
and miscellaneous items will be stored in the accessory
structure. If vehicles are to be stored in it; a hard surface
driveway is required.
Ms. McPherson stated the structure should not block existing
drainage patterns on the site. Any substantial grading for �
construction of.the accessory structure would require a grading
plan with erosion control measures indicated. A three-foot side
yard setback is required by the zoning code, and the structure
does not adversely impact the lot coverage. The structure is to
be architecturally compatible with the dwelling.
Mr. McPherson stated that staff recommends approval of the
special use permit with the following �tipulations:
1. The petitioner shall provide a hardsurface driveway by.
September 1, 1995.
2. The structure shall be architecturally compatible with the
dwelling.
Mr. Kondrick asked if there had been any objections from the
neighbors.
Ms. McPherson stated she had received one phone call which was
more of an inquiry type of call. The person calling had no
adverse comments regarding the request.
Mr. Younkin stated he had no additional comments. The accessory
structure would be placed behind a hill to screen as much as
possible. No trees will be taken down to construct the garage.
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Mr. Newman asked if the petitioner had talked to the neighbors.
Mr. Younkin stated he talked to two neighbors.
Mrs. Younkin stated she had received calls from two people who
wanted to know what this was about. They were just inquiring
about the plans.
Mr. Kondrick asked if they had a problem with the complying with
the stipulations.
Mr. Younkin stated he had no problem.
Mr. Oquist asked where the door and driveway for the structure
would be located.
Mr. Younkin stated the driv� �aould be an extension from the
current driveway and the doors would open on the side facing the
- existing garage.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public
hearing.
-� IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:42 P.M.
Mr. Saba stated he had no problem with the request.
� Mr. Kondrick stated he drove by the site and, with the down
sizing and the driveway, he had no complaints. He saw no
problems.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Special
Use Permit, SP #94-10, by David and Patricia Younkin, to allow
�• accessory buildings other than the first accessory building over
240 square feet on Lot 2, Block 6, Innsbruck North, generally
located at 5401 Matterhorn Drive N.E., with the following
stipulations:
1. The petitioner shall provide a hardsurface driveway by
September 1, 1995.
2. The.structure shall be architecturally compatible with the
dwelling.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED.
THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the request would be reviewed by the City
Council�at their meeting of September 19.
PLANNING COMMISSION MEETING, SEPTEMBER 7. 1994 PAGE 4
2. PUBLIC HEARING: CONSIDERATZON OF A SPECIAL USE PERMIT.__SP
�94-11, BY SAM�S AUTO BUYIATG PROGRAM:
Per Section 205.15.O1.C.(2) of Fridley City Code, to allow
automobile agencies selling or displaying new and/or used
motor vehicles on Lot 1, Block 1, Vantage Companies
Addition, generally located at 8150 University Avenue N.E.
(Sam's Club)
MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:43 P.M.
Ms. McPherson stated the City issued special use permit, SP #93-
08, to conduct auto, .truck, RV, boat and camper sales. Sam's
Club is a separate subsidiary of Wal-Mart Corporation. Sam.'s
Auto Buying Program works with area dealers to provide specific
automobile prices for members�of Sam's Club. The original
special use permit allows sales at the Sam's Club si.te two times
per year at a maximum number of three days per sale. Sam's Club
has conducted its permitted.two sales this year and are
requesting the special use permit to allow a third sale in .
October.
The site of the Sam's Club is University and 81st. The property
is zoned C-3, General Shopping Center District. The original
special use permit had six stipulations with which the petitioner
complied. In reviewing the two previous sales in 1994, there
were no reported events of traffic conc�estion, no problems with
signage, handicap accessibility, and building and fire code
regulations. There were approximately 40,000 invitations mailed
in 1993 per event and approximately 400-600 people per event
attended the three-day sale.
Ms. McPherson stated, if this special use permit request is
approved, the third sale would be conducted October 6-9, 1994, in
the same manner as previous sales. A total of 25,.000 invitations
are to be mailed to Sam's Club members for the third sale. Staf�
recommends approval of special use permit, SP #94-11, to allow a
third auta sale at the Sam's Club site with the same stipulations
as required for SP #93-08, as follows:
l. The vehicle sales will occur no more than three times per
year for no more than three days per occurrence.
2. The use of streamers, pennants, and flags is prohibited.
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3. The petitioner shall comply with the temporary sign
ordinance for all temporary signs on the property., including
staff review of the two story balloon and its location.
4. The petitioner shall obtain a temporary building permit and
shall comply with Article 32 of the uniform Fire Code.
5. T�e petitioner shall insure that handicap accessible
bathrooms in the building are available.
6. The petitioner shall provide a traffic management person to
properly control traffic on site and to prevent problems
occurring on 81st Avenue and the frontage road.
Mr. Kondrick asked if notification regarding the sale.had been
sent to neighbors and if there were any comments.
Ms. McPherson stated the required notices were sent to adjacent
property owners. She received no phone calls in response to the
mailing nor have they received any calls regarding the actual
sales as they have occurred.
Mr. McQuillan stated the attendance of 400-600 was from 1993.
-''� This year, they have down scaled the mail�.ng list to 25,000
pieces per event. They are attempting to get the dealers to go
back to two sales per year, but the dealers wanted to try a third
sale this year as long as the City agrees. The dealers have been
very.accommodating, as has the City, and they would be very
appreciative to be allowed a third sale this year.
Mr. Kondrick asked how many a�tomobiles are planned to be
displayed.
Mr. McQuillan stated there would be approximately 150 cars
displayed.
Mr. Kondrick asked how many persons they expected to turn out for
the event. �
Nir. McQuillan stated this is difficult to project. The actual
number of people who attended by invitation were half the actual
turn out. The other half were people who were shogping at Sam',s
Club on a regular shopping trip and stopped at the sale.
Mr. Kondrick asked if there were any problems with complying with
the stipulations.
Mr. McQuillan stated no.
'� Mr. Sielaff asked if the number of cars would always be 150.
PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 6 ^
Mr. McQuillan stated he thought 200 cars were displayed last year
because they had two dealers. Even then, they did not use the
amount of space in the parking lot that they had intended. They
pla� tQ have 150 cars ��sg�a�ed at this event.
Mr. Saba stated the request includes RV's, boats and campers.
Will these also be displayed?
Mr. McQuillan stated the sale has been strictly autos. The
buying program is expanding its operation into RV's, boats,
campers, etc. If we expand in the future, this will allow them
to do so�and he would like to retain this, if possible.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public
hearing.
IIPOAT A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M.
Mr. Kondrick stated he had no problem with the request. They
have been a good neighbor and good to the city. There has been
no past problems. He would recommend approval.
MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Special ^
Use Permit, SP #94-11, by Sam's Auto Buying Program to allow
automobile agencies selling or displaying new and/or used motor
vehicles on Lot 1, Block l, Vantage Companies Addition, generally
located at 8150 University Avenue N.E. (Sam's Club), with the
following stipulations: ;
1. The vehicle sales will occur no more than three times.per
year for no more than three days per occurrence.
2. The use of streamers, pennants, and flags is prohibited.
3. The petitioner shall comply with the temporary sign
ordinance for all temporary signs on the property, including
staff review of the two story balloon and its location.
4. The petitioner shall obtain a temporary building permit and
shall comply with Article 32 of the uniform Fire Code..
5. The petitioner shall insure that handicap accessible
bathrooms in the building are available.
6. The petitioner shall provide a traffic management person to
properly control traffic on site and to prevent problems
occurring on 81st Avenue and the frontage road.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED �
THE MOTION CARRIED IINANIMOIISI,Y.
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PLANNING COMMI3SION MEBTING, SEPTEMBER 7. 1994 ' PAGE 7
Ms. McPherson stated the request would be reviewed by the City
Council at their September 19 meeting.
3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP
#94-12, BY MONTE AND MICHELLE MAHER:
Per Section 205.24.04.D of Fridley City Code, to allow
construction in the flood fringe district on Lots 16 - 21
with exceptions, Block W, Riverview Heights, generally
located at 7965 Riverview Terrace N.E.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the
reading of the public hearing notice and to open the public
hearing. .� �
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:52 P.M.
Ms. McPherson stated the petitioner had not yet arrived. She
recommended they table discussion to allow the pet3tioner
additional time.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to table the public
hearing for consideration of Special Use Permit, SP #94-12.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP�RSON NEWMAN DECLARED
THE MOTION CARRIED QNANIMOIISLY.
4. LOT SPLIT RE4UEST, L.S. #94-04, BY DONALD DOLAN:
To split all of Lot 6, Auditor's Subdivision No. 78, City of
Fridley, Anoka County, Mi�nnesota, exeepting the South 200.0
feet of the east 363.0 feet thereof, as measured along the
East �nd South lines of said Lot 6, generally located north
of 59th Avenue, south of 61st Avenue, and west of Main
Street.
Ms. McPherson stated the petitioner is Mr. Dolan of Parson's
Electric and the owners are Lauren and Gertrude Simer who owned
what was previously known as Simer Pump, which is now Parson's
Electric. The property is located generally at 60th Avenue on
the west side of Main Street. The property is zoned M=2, Heavy
Industrial.
This request is unique in the fact that the lot split as
requested will not create a buildable parcel. The purpose of the
lot split is to split a piece of property approximately 13 feet x
200 feet along the common property line where the existing
drivewa� and concrete curbing of Parson's Electric pr•operty
encroaches onto the vacant property to the west. It encroaches
by approximately 8 feet. To resolve the matter, the two parties
have entered into an agreement by which Parson's Electric would
PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 8 �
purchase the 13 foot strip from Commercial Property Investments,
Inc., who owns the property to the west.
Ms. McPherson stated the parcel would not represent a buildable
lot and should be combined with the Parson's Electric property.
Mr. and Mrs. Simer have agreed to include the 13-foot strip in
the contract-for-deed so the parcels can be combined into one
parcel as soon as the lot split is approved.
Ms. Dacy stated the legal description shall include the 13 foot x
200 foot strip in the contract-for-deed.
Mr. Newman stated the stipulation can be included that this strip
will be combined with Parcel B in order to create one tax parcel.
Ms. McPherson agreed this would be appropriate.
Ms. McPherson stated the proposed lot split would bring the
concrete curb and hardsurface driveway into compliance with the
five-foot hardsurface setback requirement from the newly created
west property line and would eliminate any encroachments or
nonconformities. The sale of this strip does not adversely
impact the parcel to the west. A second stipulation which
requires the dedication of a 15-foot bikeway/walkway easement
should be amended. The Simers previously dedicated a 12-foot
bikeway/walkway easement along their portion of the subject
parcel. However, an additional easement along the vacant
property to the north does need to �e dedicated at this time for
the Main Street bikeway/walkway project.
Ms. McPherson stated staff recommends approval of the request
with the following stipulations: '
1. The 13 foot x 200 foot parcel shall be consolidated with
Parcel B creating one tax parcel.
2. A 15-foot bikeway/walkway easement shall be dedicated
adjacent to the Main Street right-of-way from the northeast
corner of Section 22 to the southeast corner of the Dolan
property.
Mr. Stapleton, attorney for the petitioner, stated one of the
problems that he thought had been resolved that apparently has
not been resolved is that the petitioner has already created.the
12-foot bikeway/walkway easement. The Simers as owners of the
property have refused to dedicate any more property beyond the 12
feet. It was his understanding that the 12-foot easement had a
grandfather clause.
Ms. McPherson stated staff spoke with the Engineering Department.
They are fine with the 12-foot easement that is existing on the
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subject parcel. At that time, 12 feet was the standard easement.
It is now 15 feet. She stated that the City has been working
with the attorneys for both parties and, she believed, they are
researching an easement along the northerly "leg" of the L-shaped
parcel. The City is fine with the 12-foot existing easement from
the Simers.
Mr. Kondrick stated stipulation 2 stated 15 feet and asked if
that should be changed to 12 feet.
Ms. McPherson stated the stipulation should be re-written stating
that the 15-foot bikeway/walkway easement shall be dedicated
adjacent to the Main Street right-of-way from the northeast
corner of Section 22 to the northeast corner of the Dolan
property. That would eliminate that portion that the Simers have
already dedicated to the City.
Mr. Stapleton stated he had not talked to the owners of the large
parcel that are conveying the split.
Ms. McPherson stated they are aware that this has been a request
and stated they are researching their titles to see if they have
dedicated the easement already.
Mr. Nelson, Commercial Property Investments, stated he had a
question regarding the proposed bikeway/walkway easement. Is
there an existing pathway or sidewalk along Main Street?
Ms. McPherson stated there is currently not a bikeway in place at
this time along the strip from I-694 north to 61st. However,
Anoka County and the City of Fridley are installing a bikeway
south of I-694 along the west side of Main Street. It is in the
long-term bikeway/walkway plan to connect that strip up to 61st.
Mr. Nelson stated he can see where the issue arises with�respect
to the parcel to be conveyed, but he is not sure he sees where is
arises with respect to the other two parcels to the north. It
seems it would be more appropriate to deal with that easement at
such time as there is some application with that property. He
understands the City likes to get the easement when they can but
he did not know if this was the proper time to ask for an
easement on those properties to the north.
Ms. Dacy stated she was familiar with the properties. Staff were
initially confused as to whether the lot split pertained to the
three lots because it was under one ownership. What they would
like to do is to evaluate this and report back to the City
Council on that. She understands Mr. Nelson's position that the
^ abstract is probably already identified as a separate PIN number.
PLANNING COMMI83ION MEETING SEPTEMBER 7 1994 PAGE 10 r-�
Mr. Nelson stated he is not necessarily suggesting he disagrees
in concept or in actuality. He would prefer the opportunity to
review this in more detail. He first heard about this when he
saw the draft planning report. There will likely be a green
strip in front anyway, and this would have no impact on the use
of the property. Unless it is required as part of this
application for the two parcels to the north, he would prefer not
to incl�ude them.
Ms. Dacy stated what they need to determine is what is the
resulting description from the lot split. She thought there were
three PIN numbers and this is more of a detail issue that staff
wi11 have to work out.
Mr. Nelson stated they support the request for the lot split.
MOTION by Mr. Oquist, seconded by Mr. Saba, to approve Lot Split,
L.S. #94-04, by Donald Dolan to split all of Lot 6, Auditor's
Subdivision No. 78, City of Fridley, Anoka County, Minnesota,
excepting the South 200.0 feet of the east 363.0 feet thereof, as
measured along the East and South lines of said Lot 6, generally
located north of 59th Avenue, south of 61st Avenue, and west of
Main Street with the following stipulations:
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1. Upon completion of purchase, Mr. Dolan or his successor
shall consolidate the 13 foot x 200 foot parcel with Parcel
B creating one tax parcel. �
2. A 15-foot bikeway/walkway easement shall be dedicated
adjacent to the Main Street right-of-way from the northeast
corner of Section 22 to the southeast corner of the Dolan
property.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated the City Council would review the request on
September 19, 1994.
3. (Continued) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE
PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER
MOTION by Mr. Kondrick, seconded by Mr. Saba, to continue the
public hearing to September 21, 1994, and to request staff to re-
notify all concerned parties.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOUSLY.
5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF AUGUST 11, 1994
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MOTION by Mr. Kondrick; seconded by Mr. Sielaff, to receive the
minutes of the Housing & Redevelopment Authority meeting of
August 11, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
6. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION
MEETING OF AUGUST 11, 1994
MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the
minutes of the Human Resources Commission meeting of August 11,
1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
7. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY.
COMMISSION MEETING OF AUGUST 16. 1994
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
minutes of the Environmental Quality & Energy Commission meeting
of August 16, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
8. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
AUGUST 23, 1994
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
minutes of the Appeals Commission meeting of August 23, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED ONANIMOUSLY.
9. CONSIDER ELEMENTS OF SOUTHWEST OUADRANT DESIGN REVIEW
PROCESS
Ms. Dacy reviewed the properties considered to be part of the
southwest quadrant. The City Council and HRA have not yet come
to a conclusion but they are evaluating the option to
significantly rehabilitate the apartment buildings or the op�tion
to acquire the apartments, relocate the tenants, demolish the
buildings and gain additional acreage. That decision should be
made fairly soon. Between now and November, there will be two
processes going on at one time. The Planning Commission is being
asked to look at how the development should be designed and how
this should look. At the same time, staff will be working with
� developers to solicit interest in owner-occupied townhomes or,
perhaps, apartments for empty nesters.
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PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 12
Mr. Kondrick stated, regarding the senior apartment building,
there is a high-rise on Central Avenue by the car wash. It was a
senior building for many years and then it changed to open
housing. Since that change, there has been an increase in crime
and problems. Is there a way to insist that this will remain as
originally intended?
Ms. Dacy stated this can be controlled to a certain degree.
Housing for seniors and/or empty nesters does not necessarily
mean a high-rise. The taller the building the more room that is
needed for parking. Staff are thinking of 40-60 units with a
building three or four stories tall.
Mr. Kondrick stated he has talked with friends about townhouse
developments and they want to know what kind of money this will
mean. There are concerns about this being iow income and that
this may turn into something that we do not want.
Mr. Saba stated he has also heard similar concerns.
Ms. Dacy stated this is.also a concern of the City Council and
HRA. The minimum value of the homes being considered is
approximately $90,000. They want this to be a quality
development as part of the downtown area.
Mr. Kondrick stated he has concerns also about multiple o�aners.
Mr. Newman stated he thought one must look at the market place.
Multiple owners can purchase a single family home if they
qualify. They must meet the requirements just as others must.
This is the same opportunity as with single family homes.
Mr. Kondrick asked if they could recommend that this development
be of a higher quality or higher caliber to maintain this as a
quality development.
Mr. Saba stated he is concerned also that this particular
location may not appeal to a developer. If we cannot get what we
want and have to take less than we want, how much less are we
willing to accept?
Mr. Kondrick agreed that this could be a good development if it
is quiet, well planned and well developed. There is access and
this is a convenient location.
Ms. Modig stated, in order to be an attractive development, they
will need to acquire the apartments also. With the apartments
there as they are, this will not be an attractive area.
Mr. Saba stated he thought the railroad tracks would also have an
effect. Residents need access to the river or to a park area,
!�'�
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t
/"1 PLANNING COMMISSION MEETING, SEPTEMBER 7, 1994 PAGE 13
and he didn't think you could get that with a shopping center
across the street.
Mr. Kondrick stated he thought this could be a quality
development but it will take some dollars to make it an
attractive area.
Ms. Dacy stated there are two processes going on at the same
time. The Planning Commission is to review the consultant's site
plan and the architect will bring forward some designs.
Concurrently, the HRA is concerned about market issues. Staff
have talked to developers to address the site, and the developer
is asking some of the same questions. Hopefully, when the
Planning Commission is done, the HRA will have a short list of
developers willing to work with us on the design issues. What we
can do to make this better is the intent. She thought the City
Council and HRA agree with the concerns expressed here.
�
Mr. Kondrick asked the number of units proposed for senior
housing.
Ms. Dacy stated the senior housing would be 40 to 60 units. The
other issue is to try to get the density on the townhomes to be
� attractive to a developer and at the same time generate the tax
increment base.for the HRA. The townhome developers would like
to have all 10 acres. This is one of the few sites left zoned R-
3.
Mr. Sielaff asked if there was a determination of need for senior
living.
Ms. Dacy stated a study done in 1991 showed the immediate demand
for 10 years was about 200 units. The Westminster project is
aimed at low income seniors.
Mr. Sielaff asked if the proposal takes into account the need.
Ms. Dacy stated it does not satisfy the entire need but it does
address the need somewhat.
Mr. Oquist asked if Ms. Dacy had an idea of what affect that may
have on a townhouse development parallel with that. It seems to
be based on the size of the area.
Ms. Dacy stated the reaction from developers has been positive.
They would like the entire 10 acres, but the uses can co-exist.
Mr. Kondrick asked, if the apartments were to be acquired, the
^ overall acquisition costs would be increased and this would also
have a bearing on this.
�
PLANNING COMMI38ION MEETING� 3EPTEMBER ?, 1994 PAGE 14
Ms. Dacy stated this is a decision to be made by
City Council. The Planning Commission should try
exterior designs and look at a site plan. Also,
neighborhood meeting.
Mr. Oquist stated the timetable is tight.
the HRA and the
to focus on the
conduct a
Ms. Dacy stated the HRA would be selecting the short list of
developers in October. Staff would have the rest of October to
work with this short list to see if one developer will work. The
schedule is aggressive. . She hopes in two weeks to have someone
at the meeting to present some comments.
Mr. Newman recommended having two meetings. One of the key
events is the Parade of Homes. If this could be done by next
fall, this event would help. The City does not want to force a
bad product and will take the time needed.
Ms. Dacy stated the architect will look at the exterior of the
buildings. Staff have asked for three alternatives just to start
laying out some concepts and asked members to try to visualize
how they want this to look. This will be included as part of the
next meeting's agenda.
3. (Continued) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE
PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER
Mr. Newman stated informed the petitioner that the Commission had
already taken action to table this item until September 21.
Because there were persons attending the public hearing from the
neighborhood, he would stand by the motion to table the public
hearing. The Commission directed staff to renotify the neighbors
regarding the request.
ADJOURNMENT �
MOTION by Mr. Oquist, seconded by Ms. Modig, to adjourn the
meeting.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE SEPTEMBER 7, 1994, PLANNING COMMIS3ION
MEETING ADJOURNED AT 9:50 P.M.
Respectfully submitted,
� �� v�� ���
Lavonn Cooper
Recording Secretary
�
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�
S TAFF REP O RT
Community Development Department
Appeals Commission Date
Planning Commission Date
City Council Date
APPLICATION NDMBER:
Special Use Permit Request, SP #94-12
Monte and Michelle Maher
LOCATION:
7965 Riverview Terrace N.E.
REOIIEST�
The petitioner requests that a speaial
allow construction of an addition to a
unit in the flood fringe district. The
located at the northeast corner of the
Terrace and Cheryl Street. �
BACRGROIIND
August 7, 1994, September 21,
use permit be issued to
single family dwelling
subject dwelling is
intersection of Riverview
,-� ,
The petitioner is proposing to construct a 26' x 40'
the rear of the dwelling unit. The proposed additio
feet from the rear lot line. The petitioner applied
variance to reduce the rear yard setback from 40 fee
The Appeals Commission at its August 23, 1994 meeting
the variance request and unanimously approved it.
ANALYSIS
addition to
n will be.30
for a
t , to 30 feet.
reviewed
The proposed addition will contain three bedrooms and a bath, and
will be one story in height. The existing dwelling unit is 1-1/2
stories. Section 205.024.05.A of the O-1 district regulations
require that the first floor elevatiori of all habitable living
spaces is to be a minimum of one foot above the 100 year flood
elevation. The 100 year flood elevation for the subject parcel
is 823.00. Therefore, the first floor elevation must be 824.00.
An elevation certificate will be required to be submitted prior
to the foundation of the addition being capped. Basements are
not permitted in the flood fringe district, however, a crawl .
space may be constructecl. �
� 1994
Staff Report
SP #94-12, Monte Maher
Page 2
Staff reviewed the elevati4n certificate for 7995 Riverview
Terrace, which included the first floor elevation of the
petitioner's dwelling; 821.8 feet. The petitioner's addition
will need to be 2.2 feet above the existing first floor.
**Stipulation** The petitioner shall submit an elevation
certificate prior to the foundation beinq
capped, which shall verify that the minimum
first floor elevation is 824.00.
The O-1 distr.ict regulations al�o require that any fill needed to
elevate the addition to meet the 100 year flood elevation
requirement extend a miriimum of 15 feet from the proposed
addition. The addition of any.fill needed will change the
existing grading and drainag.e patterns. The petitioner will�be
required.to submit a proposed grading plan prior to the �iss�ance
of a building p�rmit for staff review to insure that the altered
topography will not adversely•affect the surrounding parcels, and
ta insure that erosion is controlled. �
**Stipulation+�* The petitioner shall submit a qrading/
drainaqe and erosion control plan prior to
the issuance of a buildinq permit.
Riverview Terrace='is:proposed`to be upgraded in the futiire, and
is also used for flood control measures. The Engineering
Department has requested a 15 foot flood control and street
easement along the�east side of Riverview Terrace.
**8tipulation** The petitioner shall dedicate a 15 foot flood
control and street easement alonq the
Riverview Terrace property line.
RECOMMENDATION/STIPIILATIONS
Staff recommends the Planning Commission recommend approval of
the request to the City Council with the following stipulations:
1.
2.
The petitioner shall submit an elevation certificate prior
to the foundation heing capped, which shall verify that the
minimum first floor elevation is 824.00.
The petitioner shall submit a grading and drainage plan
prior to the issuance of a building permit.
�
�
3. The petitioner shall dedicate a 15 foot flood control and
street easement along the Riverview Terrace property line. ��
.
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PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on Wednesday, September 7, 1994 at 7:30
p.m. for the purpose of:
Consideration of a Special Use Permit, SP
#94-12, by Monte and Michelle Maher, per
Section 205.24.04.D of Fridley City Code, to
allow construction in the flood fringe
district on Lots 16 - 21 with exceptions,
Block W, Riverview Heights, generally located
at 7965 Riverview Terrace N.E.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 31, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450. `
Publish- August 23, 1994
August 30, 1994
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
< .� �:;�. ';� � _
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CITY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E. � -
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FRIDLEY, MN �55432 : - .� x r ' �- �- r, �.
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9' ���- .:-SPECIAL USE PERMIT APPLICATION FOR1V� �.� -
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PROPERTY INFORMATION - site plan required for submrtta.l; see atta.ched
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� SIGNATURE DATE �
�� $4�-� _.$100.00 for residential 2nd accessory build,ings
Permit SP # q � ?/ Receipt # � 30� °j _
Application received by: � % '
Scheduled Planning Commission date: '
Scheduled City Council date:
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'3P #34-12
Monte Maher
�""`�
M�.ite/Michelle Maher
7965 Riverview Terr NE
Fridley, MN 55432
Clark Nason
614 Cheryl Street NE
Fridley, NIl�T 55432
Constance Clark
630 Cheryl Street NE
Fridley, MN 55432
Michael LaFave
640 Dover Street NE
Fridley, MN 55432
'I�i Hudyman
t Cheryl Street NE
Fridley, MN 55432
Steven Lipa
8249 Thomas Avenue N.
Minneapolis, MN 55444
Gerald Kostohryz
609 Cheryl Street NE
Fridley, MN 55432
Current Resident
627 Cheryl Street NE
Fridley, MN 55432
Mailing List
Robert Kohls
640 Cheryl Street NE
Fridley, MN 55432
Joel Marquardt
7921 Riverview Terr NE
Fridley, MN 55432
Anthony Turek
611 Buffalo Street NE
Fridley, MN 55432
Floyd Bradley
620 Dover Street NE
Fridley, MN 55432
M. Dwight Just
661 Cheryl Street NE
Fridley, MN 55432
Current Resident
7995 Riverview Terr NE
Fridley, MN 55432
Gerald Boots
615 Cheryl Street NE
Fridley, NIN 55432
Roger Holmgren
8001 Riverview Terr NE
Fridley, MN 55432
Mailed: 8/ 17/94
9/8/94
Gordon Hedlund
� 1255 Pike Lake Drive
New Brighton, NIN 55112
David Lindquist
7941 Riverview Terr NE
Fridley, NIN 55432
,
James Brady
641 Buffalo Street NE
Fridley, MN 55432
Robert Rutherford
610 Dover Street NE
Fridley, MN 55432
David Padilla
670 Dover Street NE
Fridley, MN 55432
Douglas Cook
630 Ely Street NE
Fridley, MN 55432
Donald Engebrit
60 Logan Parkway NE
Fridley, MN 55432
Daniel McShane
8021 Riverview Terr NE
Fridley, MN 55432
Dennis Prince Donald Reitner John Koczur
8031 Riverview Terr NE 684 Ely Street NE 680 Ely Street NE
Fi�-�dley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
�iillram Erickson
650 Ely Street NE
Fridley, MN 55432
rrent Resident
665 Dover Street NE
Fridley, MN 55432
City Council Members
James Tichy
631 Dover Street NE
Fridley, MN 55432
George Rorich
687 Dover Street NE
Fridley, I+Ild 55432
Dawn Marth
641 Dover Street NE
Fridley, MN 55432
Planning Comm. Chair
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CtTYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
September 8, 1994
RE: SPECIAL USE PERMIT REQUEST #94-12 BY MONTE MAHER TO ALLOW THE
CONSTRUCTION FOR AN ADDITION AT 7965 RIVERVIEW TERRACE N.E.
DEAR PROPERTY OWNER:
The Planning Commission at its September 7, 1994 meeting continued
the public hearing regarding the above referenced request until
September 21, 1994. If you have any questions or concerns, or
�..� would like to attend the public hearing, please appear that evening
at the City Council Chambers of the Municipal Center, 6431
University Avenue, at 7:30 PM.
If ou have an estions re ardin this �.��
Y y Qu g g project, please`contact
me at 572-3593. Thank You!
Sincerely, -
�Zi'u� � ��
�Mi ele McPherson, BLA
Planning Assistant
MM:da
C-94-241
r'"`\
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R' A
S TAFF REP O RT
Community Development Department
APPLICATION NIIMBER:
Appeals Commission Date
Planning Coinmission Date :
City Council Date
Special Use Permit, SP �94-13
a
September 21, 1994
John Rice, Jr.
LOCATION•
8041 Riverview Terrace�N.E.,.which is located at the corner of
Riverview Terrace and Ely Street.
REQIIEST•
To allow construction of a second
and also to allow the construction
the flood fringe (CRP-2) district.
BACRGROIIND•
accessory structure, 26� x 30',
of an accessory structure in
The petitioner also applied for a variance in order to reduce the
setback of the proposed accessory structure from 30 feet to 19
feet from the side street. The Appeals Commission reviewed the
request at its September 13,:,1994 meeting. The Commission voted
unanimously to approve the request. Approval of the special use
permit request should be conditioned on approval of variance
request, VAR #94-23.
*�Stipulation*�
ANALYSIS-
Variance request, VAR #94-23, shall be
approved.
Second Accessory Structure
The proposed accessory structure measures 26' x 30'. The
petitioner intends to store vehicles and miscellaneous items
within the structure. A hardsurface driveway will be required
since vehicles are to be stored in the structure. Typically, the
City requires that the structure be architecturally compatible
with the existing dwelling. With the exception of the variance
request to reduce the setback from the side street, �h� proposed
request meets the remaining ordinance requirements regard.ing
Staff Report
John Rice, SP #94-13
Page 2
setbacks and lot coverage.
**Stipulation**
**Stipulation*�
The petitioner shall provide a hardsurface
driveway by October 3, 1995.
The structure shall be architecturally
compatible with the existing dwelling.
Flood Frinqe (CRP-2) District
Accessory structures are permitted in the flood fringe district
if a special use permit is issued. They are also permitted to be
constructed below the regulatory flood elevation if they are
properly flood-proofed in accordance with the current applicable
codes to the regulatory flood elevation.
**Stipulation** The accessory structure shall be flood-
proofed in accordance with current
regulations.
The City typically requires the petitioner to execute and record
and record against the property a hold-harmless agreement which
will indemnify the City from liability should damage occur as a
result of the issuance of a special use permit and construction
in the flood fringe district.
**Stipulation*� The petitioner shall execute and record
against the property a hold-harmless
agreement indemnifying the City from
liability should flood damage to the
structure occur.
Riverview Terrace is currently used as a flood control structure.
It is anticipated that Riverview Terrace will receive Minnesota
State Aid status and will be reconstructed in the near future.
The Engineering Department has requested an 11 foot flood
control, street, and utility easement be dedicated adjacent to
the existing right-of-way line of Riverview Terrace. In 1960,
the City condemned a four foot easement along the westerly
property line to construct Riverview Terrace. The petitioner
should submit a current property survey indicating the condemned
easement as well as the additional 11 foot flood control street
and utility easement.
**Stipulation** The petitioner shall dedicate a 11 foot flood
control street and utility easement alonq the
- west property line. r�
�
�
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« a
Staff Report
� John Rice, SP #94-13
Page 3
**Stipulation�* The petitioner shall submit a current
property survey showinq the existinq
condemnation area, as well as the requested
11 foot flood control street and utility
easement.
RECOMMENDATIONjSTIPIILATIONS:
As the request does not adversely impact adjacent properties,
staff recommends that the Planning Commission recommend approval
of the request to the City Council with the following
stipulations:
l. Variance request, VAR #94-23, shall be approved.
2. The petitioner shall provide a hardsurface driveway by
October 3, 1995.
3. The structure shall be architecturally compatible with the
existing dwelling.
� 4. The accessory structure shall be flood-proofed in accordance
with current regulations.
5. The petitioner shall execute and record against the property
a hold-harmless agreement indemnifying the City from
liability should flood damage to the structure occur.
6. The petitioner shall dedicate a 11 foot flood control street
� and utility easement along the west property line.
7. The petitioner shall submit a current property survey
showing the existing condemnation area, as well as the
requested 11 foot flood control street and utility easement.
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DISTRICT LEGEND
N-t ONE fAYiL� OW6'S ❑ Y-1 IIONT INDUSTq1AL �
p-II iW0 FPYII� DWG'S � M-2 HEAVY INDUSTqiql �
N-3 GEN. YULTIPLE DW6'S 0 PUD Vy�pNNEO UNIT DEN. O
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C-1 LOCAL BUSINESS � � O-1 � CpEEK 8 HIVER VRESERVATION �
C-2 GENEflqL BUSINESS "�''' O-Y CRITICAL AflEA �
G-3 GENENAL SMOYVING �
C-NI GENENAL OFFICE ❑ VqCATED SiPEETS �
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\POLIL SURVEYS
1LM STREE7 N W
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OWNER
RIAL — JUDICIAL
— TOPOGRAPHICAI
�T6 — PLATTING
Rundle • � �
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1,1NU SF�'K�`EYUXS
F+EG�6TERCD UNDEH LAWD OF BTATE OF MINNESOTA
LICENS[O 0Y OROINANC[ OF CITY OF MINNEAPOliS
326 PLYMOUTH BUILDING FEoea4� 8-A72:
HENNEPIN AT SIXTH • MINNEAPOLIS 3. MINNESOTA
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SP ��94-13
John Rice, Jr.
aa..n��er�co �nve
C. F. SANDHOFF
CIVII. ENGINEER
csineus..eo �ooe
JAMES NELSON
SURV£YOR
CST4BLI6HC0 1022
METROPOLI7AN LANO
SURVE�'ORS, csTweL�aN[o +ae�
20�t02 685/28
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hereby ceriify that thi9 is < true and correc� represer.�stio:� oi a s1u-v�ey ��
� the bous�;d�ries of;
:LOts 19, 20, 21 anc� 22, �� oc}�: U, R.iverview Hei�hts, ��n�l� County; .
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nd,o�'�.tt�e ' location oi �11 tniil.d s if -thereon 'an. �all � r
., � . .: . � . i �Y, ,� d� ,v�sible `encroach` '�
�rrts�.:if:a�y,�.i�rain;�.br::::ori'.said larnl: It also aiio�r�'-��hv'iloc�tion:'of�a-proposod�^��t':;'�:`
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u�i3.iiirig .,bu� no';•.'stak.es"�hav� been aot for� �such � locatiori;' ��`�,� � stu��y�d;°by, �ne hi'`"�;�'t ,
�of _, ,t s:�:; .�`,
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Notice is hereby
Fridley Planning
University Avenue
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
�
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
N.E. on Wednesday, September 21, 1994 at 7:30
p.m. for the purpose of:
Consideration of a Special Use Permit, SP
#94-13, by John Rice, Jr., per Section
205.07.01.C.(1) of the Fridley City Code, to
allow a second accessory �structure over 240
square feet; and per Section 205.24.04 of the
Fridley City Code, to allow construction of
an accessory structure in the flood fringe
district, on Lots 19 - 22, Block U, Riv�rview
Heights, generally located at 8041 Riverview
Terrace N.E.
n
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than S.eptember 14, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450.
Publish: September 6, 1994
September 13, 1994
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
6� ' i'1
i - -- �}�•
� CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432 � - .
(612) 571-3450 - COMMUNITY' DEVELOPMENT D�PARTMENT
�
/'1
SPECIAL USE PERMIT APPLICATION FORM
PROPERTY INFORMATION -. site plan required for submittal; see atta.ched
Address: _ �C� y / /� : 1/E��/'i' F•t.�P � �� �(!� �i DZ,F �/ �'1 /'�,
Property Iden�cation Number (PIN)_ �'= d 3 � 30 2�,l � a o S� /
Legal description:� �
Lot _l Q � �2�_ Block _� ,(L Tract/Addition���vf � i/► ErJ � �'�
Cuirent zoning: /�ES � p�,�� , �.� �` Square footage/acreage 'f 2�� 5`� S4t �� Ito J� �r �
Reason for special use permi� ' �6[ � L D .� �-.l� �Y 1.�- G= �- � - � % " � 3 47 - .
� ' _ Sect�on of City Code: ��� a( -�.� .
q �` ���
Have you operated a business in.a ciry. which'required a business licens � ��
Yes No _� If yes, which city?
If yes, what type of business?
Was that license ever denied or revoked? :.. Yes = No
�EE OWNER INFORMATION (as'it appears �on tlie �property title)
(Contract Purchasers: Fee O�vners must sign this form prior to processing)
NAME .
ADDRESS .
SIGNA
DAYTIME PHONE
` DATE
,
-- � �l�a[�l l 1\ - .
NAME _ To /-� � !M � � e � T,� .
ADDRESS �'o LI I I�; v r' � u f� w �F ,� 2 iv r' �
�'e' �� F � 3 Z DAYTIME PHONE 7�fL - 3G Z�i
SIGNATU � DATE �— 1���
Fee: $400.00 ✓ $100.00 for residential2nd accessory buildings H�
Permit SP # G - /3 Receipt # �3 5
Application received by: ,
Scheduled Planning Commission date: L
Scheduled City Council date:
.SP �94-13
John Rice, Jr.
John Rice, Jr.
8041 Riverview Terr.
Fridley, NIlJ 55432
Thomas Demaree
640 Glencoe Street NE
Fridley, MN 55432
Virgil Acker
630 Glencoe Street NE
Fridley, MN 55432
NE
Lori Loudermilk
675 Fairmont Street NE
Fridley, MN 55432
Michael Malone
635 Ely Street NE
Fridley, MN 55432
William Wagner
681 Ely Street NE
Fridley, MN. 55432
Jack Smith
640 Fairmont Street NE
Fridley, MN 55432
Dawn Marth
641 Dover Street NE
Fridley, MN 55432
Mailing List
Allan Stahlberg
8055 Riverview Terr. NE
Fridley, MN 55432
Forrest Wilson
670 Glencoe Street NE
Fridley, MN 55432
Ronald Hilson
645 Fairmont Street NE
Fridley, MN 55432
Drenen Tucker
8065 Riverview Terr. NE
Fridley, MN 55432
Donald Lerum
651 Ely Street NE
Fridley, MN 55432
Richard Cook
690 Fairmont Street NE
Fridley, NIN 55432
Michael Scarcella
8090 Broad Avenue IdE
Fridley, MN 55432
Gordon Hedlund
1255 Pike Lake Drive �
New Brighton, NIN 55112
Mailed: 9/2/94
. - s
�
Robert Fournier
8095 Riverview Terr. NE
Fridley, NIIJ 55432
Robert Johnson
680 Glencoe Street NE
Fridley, MN 55432
Michael Jechorek
689 Fairmont Street NE
Fridley, MN 55432
William Super
190 Liberty Street NE
Fridley, MN 55432
Jean Werner
655 Ely Street NE
Fridley, MN 55432
Jean Werner
655 Ely Street NE
Fridley, MN 55432
James Tichy
631 Dover Street NE
Fridley, NIN 55432
George Korich
687 Dover Street NE
Fridley, NIN 55432
Roger Holmgren Daniel McShane Dennis Prince
8001 Riverview Terr. NE 8021 Riverview Terr. NE 8031 Riverview Terr.
Fridley, MN 55432 Fridley, MN 55432 Fridoe�r, MN 55432
�
�
NE
�
° i s
.Donald Reitner John Koczur William Erickson
684 Ely Street NE 680 Ely Street NE 650 Ely Street NE
Fridley, MN 55432 Fridley, MN 55432 Fridley,'MN 55432
/'�`�
L . ,�glas Cook
630 Ely Street NE
Fridley, MN 55432
Robert Kudla
688 Fairmont Street NE
Fridley, MN 55432
Steven Lipa
7995 Riverview Terr. NE
Fridley, MN 55432
City Council Members
�
Dale Dickson
600 Ely Street NE
Fridley, MN 55432
Monte Maher
7965 Riverview Terr. NE
Fridley, NIN 55432
Michael Lafave
640 Dover Street NE
Fridley, MN 55432
Steve Adelmann
8080 Broad Avenue NE
Fridley, NIIJ 55432
David Padilla
670 Dover Street NE
Fridley, MN 55432
David Newman
Planning Comm. Chair
7635 Alden Way NE
Fridley, MN 55432
,'� � .
_ 5
STAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date
City Council Date
September 21, 1994
APPLICATION N[JMBER:
Special Use Permit, SP #94-14
PETITIONER:
Wal-Mart Stores .
LOCATION•
8450 University Avenue N.E., which is located at the.intersection
of 85th and University Avenues.
�ovEST•
To allow the expansion of an existing garden center.
BACRGROIIND•
In 1992;� the City-Council approved special use permit,:SP .#92-07.
The approval required certain design elements, like rock,face
block knee walls and wrought iron fencing, to be included in the
design of the garden center. The stipulations also required bulk
items to be stored adjacent to the building and no outdoor
storage of garden chemicals.
The City approved special use permit, SP
garden centers in the parking lot. The
upon Wal-Mart expanding the built garden
1994. If the`expansion is approved, no
occur in the parking lot.
ANALYSIS•
#94-01, which�allowed
approval was conditioned
center by the end of
future garden sales shall
The petitioner has submitted a plan showing a progosed 50' x 68'
expansion south of the existing garden center. A portion of the
existing garden center (14') has been temporarily enclosed by the
petitioner for additional storaqe area during the winter season.
The enclosure is constructed of plywood and is not consistent
with the rock face block exterior of the building and the garden
center knee walls. When granting the original special use
permit, the City did not authorize the use of the space for
storac,� o.f off-season materials. This activity shou]�,dnc¢a�e
immediately.
�
Staff Report
SP #94-14, by Wal-Mart Stores
Page 2
**Stipulation*+� The petitioner shall discontinue the use of
the qarden center for storaqe of off-season
merchandise. The garden center shall not be
used for the storage of non-qarden center
items.
The proposed expansion continues the same design elements and
uses the same materials as the existing garden center.
The proposed garden center expansion will displace four deciduous
and one evergreen trees. These trees should be relocated on-
site. The irrigation system will also be impacted by the
expansion.
+�*Stipulation*+� The displaced trees and irriqation shall be
replaced/relocated by the�petitioner.
The garden center will not adversely impact lot coverage or
setbacks.
The petitioner has been using the trailer par3cing area for the
outdoor storage of pallets and bailed cardboard. In addition,
ten dropped trailers used by the petitioner for storage are
located along the rear of the building. Neither of these
activities are permitted without the issuahce of a specia� use
permit. The petitioner was advised regarding outdoor storage in
February 1994 (see attached letter). These activities should
cease immediately. If additional storage is required, the
petitioner should consider expanding �he building as indicated on
the original building plans of 1992.
**Stipulation** The petitioner shall immediately cease the
outdoor storage of pallets, baled aarclboard,
and dropped trailers.
During the summer season, the petitioner has used the front
sidewalk for the outdoor display of miscellaneous products. This
activity is not permitted by Code.
**stipulation*� The petitioner shall not display products on
the front sidewalk.
RECOMMENDATIONL3TIPIILATIONB
As the garden center does not adversely impact the site, staff
recommends that the Planning Commission recommend approval of the
request to the City Council with the following stipulations:
�� -
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i-'� Staf f Report
SP #94-14, by Wal-Mart Stores
Page 3
�
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l. No garden center sales shall occur in the parking lot as
conducted in 1993.
2. The displaced trees and irrigation shall be
replaced/relocated by the petitioner.
3. The petitioner shall immediately cease the outdoor storage
of pallets, baled cardboard, and dropped trailers.
4. The petitioner shall not be permitted to display products on
the front sidewalk.
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FRtDLEY
FRIDLEY MUNICIPAL CENTER � 6431 UNNERS[TY AVE. N_E. FRIDLEY.,vIN Si-l32 •(61?) 571-345p • FAX (612) 571-1287
CITY COIINCIL
ACTION TAKEN NOTICE
March 24, 1994
Steve Woodley
Wal-Mart
8450 University Avenue N.E.
Fridley, MN 55432
Dear Mr. Woodley:
On March 21, 1994, the Fridley City Council officiaily approved
your request for a special use permit, SP �94-01, to allow garden
centers or nurseries which require outside display or storaqe of
merchandise, on Lot 1, Block l, Wal-Mart in Fridley, the same
being 8450 University Avenue N.E., with the following
stipulations:
1. Bulk items�shall be stored in the constructed garden center
where they shall be screened from the public right-of-way.
2. Storage or sales of chemical fertilizers, pesticides, or
herbicides shall not occur outside the main building.
3. Wal-Mart shall submit plans for an enlarged garden•center��-�"
for�Planning Commission and City Council review by November
1, 199,4 for the 1995 sales year. _
4. The special use permit shall be valid for one.year.
You have one year from the date of City Council action to
initiate construction. If you cannot begin construction in time,
you must submit a letter requesting an extension at least three.
weeks prior to the expiration date.
�
If you have any questions regarding the above action, please call
me at 572-3590.
i'�� ,� -.
� � � �
Steve Woodley; Wal-Mart
March 24, 1994
Page 2
Y
B�rbara Dacy, AICP � �
Community Development irector
BD/dn
cc: Wal-Mart Stores, Inc.
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by April 7, 1994.
Concur with action taken.
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I�KIDLI:Y MUNICIPAL CENTER • h-131 UNIVL'-RSll�l' :�VI:. N.1:. 1=RIDLGY. ��IN j5�4?? •(bl2l i71-3-35O • F.•�\ ll,l'_► �71-1257
.February 25, 1994 • .� ,� ' • , • . � =
Shelly Stevens
Wal-Mart Stores, Inc.
701 South Walton Boulevard
Mitchell Building
Bentonville, AK 72716-8702.
RE: Garden Center at 8450 University Avenue N.E.
Fridley, Minnesota
Dear Ms. Stevens:
We recently received a special use permit application for a garden
center at the Fridley store. This.garden center is to be located
in the parking lot. We met with the Store Manager, Steve Woodley,
�� and the Assistant Store Manager, Chris Hamline, on Thursday,
February 24, 1994, to discuss the request and the issue of
continued outdoor storage.
�_
�-
The Fridley store was issued a special.use permit for an enclosed
garden center which was constructed as part of the building. It
�was the City's understanding that all garden center activities
would occur within this specially constructed area. City staff
worked diligently ws�Gh�the architects to design the garden center
to be aesthetically pleasing and to provide proper,�screening.
The current request is incor.sisterit with the previous Council
action; therefore, we informed Mr. Woodley that staff would
recommend denial of the request. However, if the proposed garden
center was to be a temporary measure while Wal-Mart expanded the
existing garden center, staff would be more inclined to recommend
approval of the special use permit on a temporary basis. If this
is an option for Wal-Mart, the Planning Commission should be
informed of this future plan.
In addition to the garden center, we have observed that there are
dropped storage containers located in the rear of the building.
Unscreened outdoor storage of materials and equipment is not
permitted in the C-2, General Busin�ss D�.strict, unl�ss it is
screen�d �rom �he publiC �`ight-of-way. mhese containers are not
.-�-� ;� - � � : �
Shelly Stevens
February 25, 1994
Page 2
screened and, therefore, do not meet the code requirement. We were
informed by Mr. Woodley that he has been unable to have the company
owning the containers remove them� in a timely fashion_ If•you
could assist him-in resolving this issue, it would be.greatly
appreciated_ If you'anticipate that this store will continue to
need outdoor storage of materials or equipment similar to these
containers, you will need to process a special use permit for
outdoor storage. This special use permit will require additional
screening to be constructed in order to meet the code requirements .
We sincerely hope that we can work together to resolve these two
issues. Please respond in .writing prior to Thursday, March 3,
1994, so the Planning Commission has a second alternative to
evaluate the proposed garden center_ If you have any questions or
concerns regarding these i.ssues, please contact my supervisor,
Barbara Dacy, at 612-572-3590 or me at 612-572-3593. .
Sinc rely, �
����,� �
� �
Mic ele McPherson _
Planning Assistant.
�. �.S
C-94-58
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S TAFF REP O RT
Community Develo�ment Department
APPLICATION NUMBER:
L.S. # 94-05
PETITIONER•
John Tiller, owner
Bailey Tiller, owner
LOCATION:
Appeals Commission Date
Planning Commission Date . September 21, 1994
City Council Date
1535 and 1555 Gardena Avenue N.E.;�located at the northeast
corner of Gardena Avenue.and Benjamin Street in east Fridley. The
property is zoned R-1, Single Family Residential and is occupied
by two existing homes and three accessory buildings.
REOIIEST:
Mr. John Tiller owns property
has requested a subdivision to
north of the existing homes.
BACRGROUND:
adjacent to Mr. Bailey Tiller and
allow a third lot:to be•�created `
Mr. Bailey Tiller owned a.11 of Lot 20, Auditor's Subdivision 98.
He requested subdivisions in 1964 and 1965�to allow the -
subdivision and creation of home sites for other Tille`r family
members.
In August of 1964, a building permit was issued for the home at
5925 Oakwood Manor N.E. Earlier that year, the City Council
approved Mr. Tiller's request to divide Lot 20, Auditor's
Subdivision 92, into two parcels. - The�northernmost parcel
consisted of 21,559 square feet of lot area and would accommodate
the home at 5925 Oakwood Manor. A 20' street right-of-way
dedication (from the northern parcel) was executed at the time of
the lot split in 1964.
Oakwood Manor N.E. did not connect with Gardena Avenue at that
time and a southern 24,452 square feet lot did not dedicate
�.�,.
right-of-way and the road was not completed until. a later dat,e.. __=: :�,�.
.��:-=,�.. = �.-T-
s ��,_ :.- -
;�:� ,,._�
The 1964 survey indicated that there had been a-subsequent lot
split of the southern (24,452 square �eet) parcel into two lots
s
Staff Report
Tiller L.S. #94-05
Page 2
that would front on Gardena Avenue. I have attached an
illustration to show how the lot splits occurred.
In June of 1965, the City Council formally approved a.lot split
of the southern parcel into two parcels. The west lot is 90
feet, tYie east lot is 75 feet. These widths"are in accordance
with the minimum Code requirements for lot width that exist
today.
The original Tiller homestead existed on one of the parcels. The
property owner received a building permit for a 30' x 30'
concrete garage in 1966. This garage was on the northern lot of,
the 1964 subdivision. In 1976, Bailey Tiller was issued a
building permit for an additional 12' x 20' storage shed. These
two sheds accompany a 10' x 12' concrete playhouse that was
constructed with a building permit in 1950.
Jerry and Annie Tiller built a new home on one of the other
southern parcels in 1983. .
i"�
In 1987, a request for the re-approval of the 1965 lot split L.S.
# 65-03 was reviewed by the City Council. The minutes indicate �
that the review was necessary because of the time„allotment for
filing and formally recording the action of the City Council.had ,,
expired. ; � . :: , .:.
The legal descriptions given at the time of that 1987 review,
indicate 2 clearly defined lots. Without modifications to those
legal descriptions, only three lots were created. �
There is adequate
Subdivision into 3
this time.
ANALYSI3•
dimension to reconfigure the Auditors � -
lots and the petitioner has asked to do so�at
The zoning on this parcel is R-1, Single Family Residential. The
R-1 district requires a 9,000 square feet minimum lot size and a
minimum lot width of 75'. As proposed, a 10,780 s.f lot can be
created with a lot width of 74.51 feet. Approval of this lot
split would not create a visible deviation from the required 75'
lot width.
Approval of the lot split as proposed would be considered as
granting a subdivision variance to the lot width.,,
�
**Stipulation** Staff recommends approval of a variance ��- ���
the lot width requirement of 75� t6�=allow�"�he
areation of this 74.51� wide�lot. - ^
�--1 Staff Report
Tiller L.S. #94-05
Page 3
As we have discussed, there are a series of homes and accessory
structures on what was once Lot 20 Auditors Subdivision 98.
**8tipulation** A verification survey will be required to
determine setback distances.
The aerial shows that both the 30' x 30' block garage and the 10'
x 12' storage shed will be on the newly created lot. Code Section
205.04.05.A, states, "No accessory building or structure shall be
permitted on any lot prior to the time of the issuance of the
building permit for construction of the principal building".
These structures would be required to be removed to comply with
Code. Mr. Tiller has indicated a desire to leave the buildings on
the new lot. Staff has discussed the Code requirements with him.
**Stipulation** . All accessory buildings shall be raised, from
the newly created lot, prior to filinq the
lot split with Anoka County.
Mr Tiller has also indicated a desire to record this split at the
time of sale. This may exceed the City's 180 day timeline for
/'� filing. The petitioner has asked for consideration of a timeline
that would require recording the split at the time of sale.
**8tipulation�* Lot split �94-OS shall be recorded by Octobera
3, 1995 or prior to transfer of ownership,
y whichever occurs first.
A park dedication fee of $750.00 .is required for all lot splits
within the City of Fridley.
**Stipulation** A Park dedication fee of $750.00 shall be,..
.� paid prior to issuance of a buildinq permit
for this parcel. �
Separate sewer.and water services.will be required to acc�mmodate
a new residence on the newly created lot.. Installation of the
required utilities will be the responsibility of the property
owner.
*+�Stipulation** The property owner shall be responsible for
the installation of separate sewer and water
to accommodate a new residence on the newl"y
created lot.
�
r...._�, �-
.:.�
Staff Report
Tiller L.S. #94-05
Page 4
A 20' utility easement will be required across the Oakwood Manor
(west) end of the newly created lot and the lot at the corner of
Oakwood Manor and Gardena Street, adjacen� to the right-of-way.
**Stipulation** A 20� utility easement shall be dedicated,
across the Oakwood Manor (west) end of the
newly created lot and the lot at the corner
of Oakwood Manor and Gardena Street, adjacent
to the right-of-way.
RECOMMENDATION/STIPIILATION3:
Staff recommends approval of L.S. #94-05 with seven stipulations:
1. Staff recommends approval of a variance to the lot width
requirement of 75' to allow the creation of this 74.51� wide
lot.
2. A verification survey will be required to determine setback
distances. .
�
3. All accessory buildings shall be raised, from the newly ^
created lot, prior to filing the lot split with Anoka
County.
,,
4. - Lot split #94-05 shall be recorded by October 3, 1995 or
prior to transfer of ownership, whichever occurs first.
5. A Park dedication fee of $750.00 shall be paid prior to
issuance of a building permit for this parcel.
6. The property owner shall be responsible for the iristallation
of separate sewer and water to accommodate a new residence
on the newly created lot.
7. A 20' utility easement shall be dedicated, across the
Oakwood Manor (west) end of the newly created lot and the
lot at the corner of 0akwood Manor and Gardena Street,
adjacent to the right-of-way.
r�.rn _ .
-- . �"�
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L
,.� CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E. �
FRIDLEY, MN 55432 � . �
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
�
LOT SPLIT�APPLICATION FORM . r
�ROPERTY INFORMAT�ON - site plan required for submitta.l; see atta.ched
Address: � ��5� �1��,�
Properiy Identification Number (PIl� �
Legal description: \� v r,o,�,fl��� a-n. ��.1- �°l g� � �
�t Block , TracdAddition
Cutrent zoning- _ Square footage/acrea ` ��< �. -.
Reason fo` lot spli� _ ��.. .o ;�S:;Q � .� �t:_ - �S t 7'
��1�-� Q�- - `� � � l -e - - _
�', .� .�� ;::� �:� �
Have you operaxed a business in a ciry which required a business license? � �
Yes No � If yes, which city7 -•
If yes, what ty� of business? �
Was that license ever denied or revoked? - :: : Yes - - No �.��. _ ,.� .-... � �.n.. � ; .,
. . , .r .: _ .
. , , .. , , °� ._
t ,-w =: , :;z
�EE OWNER INFORMATION�'(as it' appears on :the property� t�tle)
(Contra.ct c �/F ers.must si tttis form or to �� �
I�TAME ' � ' � Pn Processmg) �� -. ,
ADDRESS � pit�n :� i�i,t�. , �, - � .
SIGNATURE
NAME�
ADDRESS
SIGNATURE
��
Fee: $100.00 ✓
Permit L.S. # — i��
� Application received by:
Scheduled Planning Commis
� Scheduled City Council date:
.
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date:
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
September 15 i994
Planning Commission Members
Barbara Dacy.,. Community Development Director
First Presentation on Design Issues for the
Southwest Quadrant
At Wednesday evening's meeting, representatives from the
architectural firm and planning firm will be in attendance to
present to the Planning Commission the initial work on the
alternatives for the site plan and building exteriors for the
Southwest Quadrant. No written material or drawings have been
submitted at this time, but we would like to use Wednesday's
meeting to present the consultant's initial effort. The
Commission should provide the consultant with any comments or
direction and then these issues could be brought back to the
Planning Commission at.its October 5, 1994 agenda.
BD/dn
M-94-564