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PL 03/02/2006 - 30875� � �"� CITY OF FRIDLEY PLANNING COMMISSION MARCH 2. 2005 CALL TO ORDER Chairperson Savage called the meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, Diane Savage, Leroy Oquist, and Brad Dunham. David Kondrick and Dean Saba Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Dale Christiansen, Petitioner APPROVE PLANNING COMMISSION MINUTES — December 15, 2004 MOTION by Commissioner Oquist, seconded by Commissioner Johns, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. 2. Consideration of a areliminarv plat, PS #05-01 bv Roslvn Park Weslevan �. . . . .. . . .. -- NE. Consideration of a saecial use permit, SP#05-01 bv Roslvn Park Weslevan ,.�----•- �- .. .. .. -- - - - - MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to open the public hearing on for both matters. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg explained that the petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church, is requesting a replat of the church property located at 5300 6�' Street. Replatting the property will allow the church to separate and create two single family lots, which will be located at 401 53"� Avenue and 5315 5�' Street and create a new lot for the church property. The new lot created for the church will include 5300 6�' Street and the vacant lot north of 5315 5�' Street, which will continue to allow access to the alley and could be used for additional parking. The petitioner is also seeking a special use permit to allow a church in an R-3 General Multiple Units zoning district. 3 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 2 of 7 ,�"°� Ms. Stromberg explained that the subject properties are all zoned R-3, General Multiple Units. This plat and special use permit requests are coming to us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5�' Street; however, the new congregation is not interested in purchasing the other two lots that are occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53`� Avenue and the other house the church owns at 5315 5�' Street to be sold separately as single family lots. Ms. Stromberg stated the existing church building was constructed in 1956. The parsonage house and garage at 401 53`� Avenue were built in 1965 and the house at 5315 5�' Street was built in 1951 with an addition to the garage constructed in 1992. Ms. Stromberg further explained that in 1998 the City Council approved a rezoning request by the church to rezone approximately one-half of the church property from R-2, Two Family units to R-3, General Multiple Units. This rezoning allowed the entire church property to be zoned consistently. In the same year, a vacation was also approved to vacate an alley that bisects the church property. When the alley was vacated in 1998, two property owners north of the church property were still using the alley. Therefore, the church requested to vacate the alley in the area that bisects their property and agreed to provide an access across their vacant lot, north of 5315 5�' Street, which allows access to those residential property owners who wanted to continue to have alley access. Ms. Stromberg stated that Fridley City Code requires that lots in the R-3 district be a minimum � of 10,000 square feet for three family dwellings and have a minimum lot width of 75'. The approximate size of the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres) and will include the parcel with the church building and the vacant lot located north of 5315 5�' Street. Proposed Lot #2, located at 401 53`� Avenue will be 12,046 square feet and will accommodate the existing parsonage house and garage. Proposed Lot #3 at 5315 5�' Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of 5�' Street. Ms. Stromberg explained that the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 6�' Street. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Stromberg stated Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently � deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 315 5�' Street as part of their property in the event that they need � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 3 of 7 �''�� additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Stromberg explained that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southem border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement cuRently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined, which will be a requirement prior to final plat approval. CuITently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Stromberg stated Staff recommends approval of the preliminary plat request with stipulations as the proposed lots exceed the size standards required by the City of Fridley Zoning Code. Staff also recommends approval of this special use permit request with stipulations as churches are a permitted special use in an R-3 Multi-Family zoning district. Ms. Stromberg stated that Staff recommends the following stipulations be attached if the plat and special use permit are granted: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The properiy owner of 5300 6�' Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of � the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5�' Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5�' Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. Chairperson Savage stated the Commission had received a letter from Tom Stimack of 5331 5�' St. NE opposing the replatting of the church property. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to enter this letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked Ms. Stromberg if she is aware of any use other than parking that the church plans for the empty lot. She also asked if there have been any complaints other than Mr. Stimack. Ms. Stromberg stated parking is the only plans that she is aware of for the empty lot and she indicated she has received no other complaints from neighbors. Commissioner Oquist asked if there is adequate space on the vacant property for parking even � though there's a driveway going through there. Ms. Stromberg responded there is. 5 � �1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 4 of 7 Commissioner Kuechle questioned if there is any concem about the fact that the property is zoned R-3 but the houses are single family. Ms. Stromberg explained that if someone chose to tear down one of the houses, they could rebuild as much as a three unit building but a single family home can be retained in a multi- family district. Commissioner Johns asked if it is typical for churches to be in an R-3 zoning. Ms. Stromberg stated it is typical for them to be located in residential zoning. Dale Christiansen, Pastor of Roselyn Park Church, stated their church has looked into expanding in the past so all of their property was consolidated into one title at that time. Since then, they've decided to relocate to meet their needs. They've found a congregation to buy their church, but they're not big enough to purchase all the property thus the request to replat the property to enable Roselyn Park Church to sell the lots with the houses. The prospective buyer of the church has been in and talked to City staff about the parking and that's why they are purchasing the vacant lot for future parking needs. The good news is the two houses will be retumed to the City tax rolls. Roselyn Park Church celebrated their 50�' anniversary last Sunday. Commissioner Kuechle asked if the alley actually exists the way it is reflected on the survey submitted. Pastor Christiansen responded that it is as shown on the plat. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HAERING CLOSED AT 7:55 P.M. Commissioner Kuechle stated this appears to be a straight forward request with nothing really changing as far as what's currently there. The replatted lots will still meet zoning requirements and he would be in favor of this proposal. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to approve Preliminary Plat PS #05-01 by Roslyn Park Wesleyan Church, to subdivide the property to allow the creation of two single family lots and a separate lot for the church property, generally located at 5300 6�' Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 fi�' Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the � alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. C CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 5 of 7 r"'� 5. The existing garage at 5315 5�' Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5�' Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Johns, seconded by Commissioner Dunham, to approve Special Use Permit SP #05-01 by Roslyn Park Wesleyan Church, to allow the continuation of a church use in an R-3, Multi-Family residential zoning district, generally located at 5300 6�' Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6�' Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5�' Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5�' Street shall be required to be installed if � there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the December 2 2004 Housina � Redeveloument Authoritv meetina. MOTION by Commissioner Oquist, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the Januarv 6 2005 Housina � Redeveloament Authoritv meetina. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TH� MOTION CARRIED UNANIMOUSLY. 5. Receive the minutes of the December 6 2004 Parks & Recreation Commission meetina. 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 6 of 7 �''� MOTION by Commissioner Dunham, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the minutes of the December 8. 2004. Appeals Commission meetinca MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Receive the minutes of the Januarv 12 2005. Appeals Commission meetina MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Receive the minutes of the Januarv 26 2005 Appeals Commission meetina � MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Receive the minutes of the October 19. 2004 Environmental Qualitiv � Enerav Commission meetina. MOTION by Commissioner Johns, seconded by Commissioner Dunham, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Receive the minutes of the December 21. Environmental Qualitv & Enerav Commission meetina. MOTION by Commissioner Johns, seconded by Commissioner Kuechle, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. �,\ 11. Receive the minutes of the Januarv 18, 2005 Environmental Qualitv & Enerav Commission meetina. E�� CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 7 of 7 � MOTION by Commissioner Johns, seconded by Commissioner Oquist, to accept the minutes as presented. � ,� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg reviewed the year-end review for 2004 stating that there were 5 plats, 2 rezonings, 6 special use permits, 4 street and alley vacations and 1 zoning text amendment. In 2002 there were 17 total items, in 2003 there were 33, and in 2004 there were a total of 18. The change can be attributed to the zoning text amendment which eliminated the need for a special use permit for a second accessory structure. Ms. Stromberg stated the March 16, 2005 Planning Commission meeting has been cancelled. ADJOURN: MOTION by Commissioner Oquist, seconded by Commissioner Johns, to adjoum. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:05 P.M. �� � � . � s . r • CITY OF FRIDLEY SIGN-IN SHEET � PLANNING COMMISSION MEETING 1� � _ � � i Name AddresslBusiness �