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PL 03/05/2008 - 7013�=- r� I� CITY OF FRIDLEY AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MARCH 5, 2008, 7:30 P.M. --------------------------------------------------- --- --------------------------------------------------- --- LOCATION: CITY COUNCIL CHAMBERS . FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: February 20, 2008 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #08-04, by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the existing free-standing sign, generally located at 5695 Hackman Avenue NE. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #08-05, by Michael & Patrick Lawrance, to allow limited outdoor storage on the property, generally located at 7765-7775 Main Street NE. 3. RECEIVE THE MINUTES OF THE FEBRUARY 7, 2008, HOUSING & REDVELOPMENT AUTHORITY MEETING. OTHER BUSINESS: ADJOURN City of Fridley Land Use Application SP #08-04 March 5, 2008 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Amtech Lighting Services for Holiday Station Stores 6077 Lake Elmo Ave N Stillwater, MN 55082 Requested Action: Special Use Permit for an automatic changeable sign Purpose: To replace existing manual reader board with an electronic reader board. Existing Zoning: C-2 (General Business) Location: 5695 Hackmann Ave. Size: 60,220 sq. ft. 1.38 acres Existing Land Use: Gasoline Station Store Surrounding Land Use 8� Zoning: N: Single Family 8� R-1 E: Single Family 8 R-1 S: Multi-Family 8� R-3 W: Hwy 65 & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.07 of the City of Fridley sign code requires a special use permit for an automatic changeable sign. Zoning History: 1959 — Lot is platted 1959 — Gas station constructed 1975 — Lot re zoned from C-1 to C-2 1999 — Demo of original gas station 1999 — Cur�ent station built and pylon sign permit issued 2006 — SUP issued for an electronic gas pricing sign. Legal Description of Property: Part of Lot 1, Auditors Subdivision No. 25. Public Utilities: The building is connected. Transportation: Hackmann Avenue provides access to the property. Physical Characteristics: Lot contains the Gas station store building, fueling pumps, hard surFace parking and driving areas and landscaped areas. - SUMMARY OF PROJECT The petitioner, Amtech Lighting Services, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board to replace the existing manual reader board on the existing pylon sign at the Holiday gas station which is located at 5695 Hackmann Avenue. SURIIMARY OF ANALYSIS City Staff recommends approva/ of this special use permit, with stipulations. Electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements. Special Use Permit #06-10 wil! be repea/ed and replaced with Special Use Permii #08-04 if this Existing Sign CITY COUNCIL ACTION/60 DAY SCHEDULE City Council — March 24, 2008 60 Day Date — March 17, 2008 Staff Report Prepared by: Stacy Stromberg SP #08-04 REQUEST The petitioner, Amtech Lighting, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board to replace the existing manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 5695 Hackmann Avenue. A free-standing sign already exists on the subject property, which is located on the west side of the property along the Service Drive. In 2006, the property received Special Use Permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change out the existing 21.5 square foot manual reader board sign with a 21.5 square foot electronic reader board sign. The total square footage of the pylon sign is 78 square feet. HISTORY AND ANALYSIS The subject property is located on Hackmann Avenue, just east of Hwy 65. The property is zoned C-2, General Business. This property has been used as a service station since the 1950's. In 1975, the property was rezoned from C-1, Local Business to C-2, General Business. In 1999, a special use permit was issued to allow a motor vehicle fuel station store and as a result the existing Holiday Station Store wras constructed. Four fueling stations covered by a canopy were also constructed on the site. A sign permit for the existing pylon sign was also f -� �, ', ` .�=� .�^ �'. � �,. <.e �i;+ - `,;;o era� arr+. t— � ---� obtained in 1999. As stated above, in 2006, a special use permit wras granted to allow an electronic gas pricing sign, which exists on the sign today. —' �° °"B" CODE REQUIREMENTS � � �:. ��� `��� � � Electronic changeable signs are an approved special • use in any zoning district, except residential, provided ,. ,�:-� �.,�� �` ` � the message doesn't change more often than once �:�� ���� �� � �����: ���� ��° `� W every 45 seconds. The sign also needs to be in ` �'� conformance writh the sign requirements for the zoning r �� w ��'} wo;�„,m,� '��� ��� ����� �'����� � ��: district, in which the property is located. The subject E : , property is zoned, G2 General Business, which � a� -`� "�� ���� requires that free standing signage can not exceed 80 i �� �` ����� x< ��� �,� � ��,��� ti� square feet in size. The existing sign meets that size w._d�.� : �° ' requirement as will the re-face of the existing manual ��' r ��f4� '� 1� �.� reader board sign with an electronic reader board sign. _�-� k'�.0 The total sign area is approximately 78 square feet, with the new electronic portion being 21.5 square feet. The existing LED gas pricing sign is 22.5 square feet. After the replacement of the reader board sign, 44 square feet of electronic sign area will exist on the 78 square foot sign. After further review of the existing sign, it appears that it is deficient in meeting two code requirements related to free-standing signage on commercial properties. City code requires that all free-standing signs be 10 ft. from a property line or driveway. The existing sign is 10 ft: from the west property line; however it is approximately 2 ft. from the driveway into the lot. City code also requires a minimum height of 10 ft. from the bottom of the sign to the finished ground grade when the sign is within 25 ft. of a driveway or a comer vision safety zone. This sign is within 25 ft. of a driveway. As a result of the above findings, it will be necessary to stipulate that the sign is either moved to be 10 ft. from the driveway or a variance shall be sought. It will also be necessary to stipulate that either the height of the sign is increased or the size of the proposed electronic reader board sign shall be reduced, so the distance befinreen the ground and the bottom of the sign meets the code required 10 ft. In no case shall the sign exceed the maximum code required height of 25 feet. City staff hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject #o stipulations. Special Use Permit #06-10 will be repealed and replaced with Special Use Permit #08-04 if this Special Use Permit is approved. STIPULATIONS City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 ft. requirement from the ground to the bottom of the sign is being met prior to issuance of a sign permit. 3. The petitioner shall move the existing free-sfanding sign to be 10 ft. from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shal/ not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L. E. D. sign shall never flash or have motion that may distract vehicular traffic in the area. FROM :AMTECH LIGHTING SERVICES �.�H Lgi'�ng Serv+ces olfhe Mldwsst Feb. 12, 2008 City of �ridley Attn: Stacy Stromberg FAX N0. :6514397521 Feb. 13 2�8 09:15AM P1 Re: Special Use Permit application-Holiday, 5C95 Hackman Ave. �77 Lake �o Avenue N. stlNwate�, MAf 55082 rerapr�one: (65�) �-��0 FBCSI�r+Ha: (B5i) 43�7627 The reason for the request of this permit is to allt�w Hofiday tn �dvertise more than ane or two Products or in stvre specials without having to go qutside and manu�lly replacing the plastic l.etters and numbers. This not only adds to the amount of different proctucts that cen be hrought To the atten�tion of the customer outslde but also reduces the chance of an empbyee of the stare Falling of e ladder or having a piastic panel fall off the su�tlon cup changer while trying to ahange The message. As time has gane by the tracking on the existing has become brittie and broken anri Dirt has bui� up and stained the plastic af the+ face. A new, more modQm looking display will atso heip to make the entire fre�stan ding sign a b� mor� attractive. If you have any questiuns please feel free to cal{ me at 651-439-7�4A-0. Since,el , `=�"3�� Meis�er Amtech I�ighUng a sabstaUsry o►� rndustfies ►r�+pareted �'eb 27 OB 04:2�a �aa�� �,� a��xxn�t�rrxs 99S �y�de Dr�ve Fridl�y, Minne�ata 55�43x 7b3-574-I477 Fax '7b3-572-Z372 Jtt�xe Janes Plaoning Cootdin�tor Fridl�y, Minn�sota 554�2 Dear Julie, I am writing to let yoa lmow tl�t we do oppose the ��ect�onic sign prapase�. at the Holiday �as station at 5695 Hackma� Ave. NE in Fridley. VVe f.eel that it wauld be toa bright far tt�e residents who face that prop�rty. Would rt be changin.g the xnessage 24 hot� ��a�y? Wou1d it be higher? Would it be multicolor7 If'the answer is yes we wduld consider it to be a downgi~ade of tl� suri'ounding Proper�ies- �.."X.����y 1 � ` ,` � . ���,1 � `�` �'c't,� ....... �� `�� ,�c-s.`-' J�ra R�io/Manager 1Vloare Lake Apartments oz�2�rzoos p.1 ••,�L ~1� .� yar� ��1 �Yb �k... �� �/� � jL Cf%-J s/ C3" � l� /' /��% / CY � ���K � � . `� �,��� s � � �,c� �T1� � L � � i7'1'`r"�'C ��I ��ss� � ,cS���'� FR�M :AMTECH LIGHTING SQ2VICES Ff�{ N0. :6514397521 I ` �. -- !o � ... .. • .. _ . . \�., - '- - x�``=', �.� ,• �� �`, `:,, .��' � {.�.�,' f�/�''� -. . - - ::.=:,-�°, t � a�c� �� � —� �� � � ��': ,n i��a � ��� �,�.� I� . . .... . ... .. r<... • � . .� � � l� � > a � '�-- � . . . ... �- . --- : .__ .. . �� I1 f� ��� �L� [�, -._ ....� �--- � . ..�- - - ... � ��>jc�.�N:��. � 1��`�;.�i .1 I - . . .. .. f'111�L°,3L°�(�_1 �_��,f �l �l �, �� �I,°���,���`��'�!J �2, f n3(�:lL"��n�(u) ���� � � J3n. 3� 20� 12:29PM P2 � .t .;�- s� 3� x , 1� ,�- 7 ,r 9�� � ^ G1 � ,� , ,„ a��� Y t i r /% '� �v�'r' ° f ✓ ro % � / ,d' �'`g;s � .� / � ��,� f/,f� '°°� ,� % '�.- .r � �°��// ��I�`/�� � ,✓°' / � ����`- � � � _ � - • • — i � . . _ . : �� ,� �""' -�°' � � I � � � � � „�, ,.� ....... _.,,.0 � � � .....- ---°.' 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T � za• m. - I P � ` �o. r — — —J ° . / 27 27: %i� 1 I' �`�j l'b�b� // PYLOI 27' S I. t8' 3 . � <• ° n ' �a / a � 1 II � �' �I O `u" ' O �r " � � �� � ll � � � // ;' �'��� � � i � ► � ► ► � ° ,, � ll�'�� � l/� �� 11 , �� � ll —:>, }.11 i�l I 1/ �,= , � � ll , �1 �� ��ao � Ill�� f ��z � Xu g g� � i ii � �� is �i r ir � � �a i� !� � ii �g uxu � �►,�;r-...� i� +� � i �� u � uc .— _ ,.�.� ; .G.. _. . w .. � i I I I i i 'CITY QF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DENELOPMENT DEPARTMENT SPECIAL USE PERIl�IT APPLICATION � PROPERTY IWFORf�AT10M: (certlf�cate of survey r�quir�d for submittal, see attached) Address: ✓l� q 5� �/A�.��s�r✓ �i�'� ir/m • ' Property Identification Number: Legal Description: Lot Bfock Tract/Addi#�on Cu� Zoning: S9uare foot�ge/acr�age: Reason for Special Use: ,�✓s�cc. �.+� r�e���c ��D ��✓�� '��5��� /+ r� 1-s� s� � • Have you o�rated a business in a c6ty which required a business license? Yes �_ No If Yes, which Cit� ���✓� - � Yes, what type of Iwsiness? Was that license ever denied or revoked? Yes No __�___. ����� ��� ����� FEE OWNER INFORMATION (as it appears on the properly title) (Cor�tract purchasers: Fee owners must sign this form pr�or to processing.) ld�4ME: �ot�1�A� L° -+�'•�/•�s ADDRESS: ° i.�C.J� . c�r�o� .�• S � DAYTIME PHONE: 9id-�3� -��l'/ SIGNATURE/DATE: . .% ++' . .- �`�"�`�` .......,..�....�.......a....�....�......�..........�..,. ..............a....�...��..........,..,..�...,.........�....�.........a..........�.......,.......................�....,..�.........a.. ADDRESS: [A�c� � � ,✓o , .�r . � � �p � DAYTIME PHONE: �Si-�r'�,�- ��yd SIGNATURFJDAYE: " -� � -�„��.:�...�.,�,��,.�,.r..,���s�;��.�.....�..�........_........,.r..,,.�..._,.._.,...,...�,..r..,..�.....�._.,...,....�..�.....................�,..,.,.. Seciion of Cit� Co �- �F_ Fee: $1,500.00 Application Numt�r: �� Receipt #: Received By: �8 �i � Scheduled Pla�ning Commission Da�be: � --�� -D Scheduled City Council Date:��0 -Q�' 10 Day Application Complete Notification Date: �.—/ -D 60 Day DatQ• � -Ir7 -flR CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COAAMISSION TO: All property owners/residents within 350 feet of property, generally located at 5695 Hackman Avenue NE. CASE NUMBER: Special Use Permit, SP 08-04 APPLICANT: Amtech Lighting, Holiday Gas Station Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To allowr an electronic message sign to be incorporated into the existin free-standin si n. LOCAT/ON OF 5695 Hackman Avenue NE PROPERTY AND LEGAL Legal description on file and available at Fridley Municipal Center. DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, February 20, 2008, 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 15, 2008. The TDD # is 763-572-3534. AAIY QUEST/ONS: Contact Stacy Stromberg, Planner, at 763-572-3595. * PROPOSED C/TY The proposed City Council meeting Date for this item will be COUNC/L MEETUVG Monday, March 10, 2008. *This date is subject to change DATE depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Ci Council meetin . � Publish: February 7, 2008 r .�...-� ` � ' � � EflMMUNITY DEVELOPMENT DEPARTMENT - CITY OF _�_� FRIDLEY PUBLIC HEARING WOTICE � � �a s�,�•� � = s � s8 ��- e, � ; "=` s� s,� , : _- } s�s s�� � _, - _ . - J�C' s�� s S�SB _ �Q' a�as s �so i -,- ��` s 5�2, s �? /' =�� ��� C��'� s� .\� �� J�C' s � �'�3� � �i s �' � � �o � ��8 �� s8� � � �= - � `� S� Q' s8 �' \ s � � �s �o -L� ?� �T =- s��, s s�po2 PG`� s82� s�j� s �i9� . � 1 A p ° � ` __ S�� ��� 581 0 �- � . ' s �► /� _ LL�„�� � s S's� s�'� HACKMANN CI % - ' � � so �o o , � �' S747 5�60 96� m a°o o°� °o 0 o a� a� r. a� ,��y HATHAWAY LN A � P C pJ30 rJ%40 � O Q 'S p�j � � � � � � 5730 0 0 5725 ��O O g 5720 °�� ��� � °o o i ��.,,. 5715 � / °' °' � ` `- o 0 0 0 5701 995 0 0 0 0 0 � � � °,�° '� � �['� P r � LYNDE DR LYNDE DR souRCES � N Fridley Engtr�eerin9 Anoka County GIS Special Use Permit Request, SP #08-04 �V E Petitioner: Amtech Lighting for Holiday Gas Station S Map Date: February 5, Zoos 5695 Hackman Avenue NE � CURRENT OCCUPANT HRA OF FRIDLEY FRIDLEY HRA 5695 W MOORE LAKE DR NE 6431 UNIVERSITY AVE NE 6431 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MEDTRONIC INC 3850 VICTORIA ST N SHOREVIEW, MN 55126 KROENING-SWILER KARYN L 5771 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY HRA 6431 UNIVERSITY NE FRIDLEY, MN 55432 YAHRMATTER CHAD E 8 LISA L 5750 HACIWIANN AVE NE FRIDLEY, MN 55432 LYNDALE TERMINAL CO P O BOX 1224 Attn: Tax Dept. MINNEAPOLIS, MN 55440 FRIDLEY CITY OF 6431 UNIVERSITY AVE NE FRIDLEY, MIV 55432 CURRENT OCCUPANT 5701 CENTRAL AVE NE FRIDLEY, MN 55432 GILSTAD ROBERT 8 GLORIA 930 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY CITY OF 6431 UNIVERSITY AVE NE FRIDCEY, MN 55432 NGUYEN BAO & TRAN LINH 5763 CENTRAL AVE NE FRIDLEY, MN 55432 WILLIAMS ANN L 5760 HACKMANN AVE NE FRIDLEY, MN 55432 FRIDLEY HRA 6431 UNIVERSI7Y AVE NE FRIDLEY, MN 55432 CURRENT OCCUPANT 5695 HACKMANN AVE NE FRIDLEY, M{V 55432 LYNDALE TERMINAL CO P O BOX 1224 Attn: Tax Dept. MINNEAPOLIS, MN 55440 MOORE LAKE APARTMENTS LLC 14 NORTH MALLARD COURT NORTH OAKS, MN 55127 GILSTAD ROBERT S 8� GLORIA G 930 HACKMANN AVE NE FRIDLEY, MN 55432 CURRENT OCCUPANT 5890 CENTRAL AVE NE FRIDLEY, MN 55432 STEPHENSON THEODORE L & DON 5770 HACKMANN AVE NE FRIDLEY, MN 55432 CURRENT OCCUPANT 5760 HACKMANN CIR NE FRIDLEY, MN 55432 CURRENT OCCUPANT 5747 CENTRAL AVE NE FRIDLEY, MN 55432 LYNDALE TERMINAL CO 4567 W 80TH ST MINNEAPOLIS, MN 55437 MOORE LAKE APARTMENTS LLC 14 NORTH MALLARD COURT NORTH OAKS, MN 55127 CURRENT OCCUPANT 995 LYNDE DR NE FRIDLEY, MN 55432 WAYNE ROBERT J& BARBARA J 5741 POLK ST NE FRIDLEY, MN 55432 MUNOZ JUVENAL HAGEMAN GUS EDWARD JR ERICKSON SANDRA 5725 POLK ST NE 5715 POLK ST NE 5740 POLK ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JORGENSON JAMES L 8� NANCY J 5730 POLK ST NE FRIDLEY. MN 55432 NEVISON JAMES B $ JULIE 5720 POLK ST NE FRIDLEY, MN 55432 MOORE LAKE APARTMENTS LLC CURRENT OCCUPANT 14 N MALLARD CT 5720 POLK ST NE ST PAUL, MN 55127 FRIDLEY, MN 55432 e , PUBLIC HEARING BEFORE THE PI�ANNING 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, February 20, 2008, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #08-04, by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the existing free-standing sign, legal description on file and available at Fridley Municipal Center, generally located at 5695 Hackman Avenue NE. 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 Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disa.bilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 15, 2008. The TDD number is 763-572-3534. The proposed City Council meeting date for this item will be on March 10, 2008. *This date is subject to change depexiding on the outcome of the Plaaning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. Publish: February 7, 2008 DIANE SAVAGE CHAIR PLANNING COMMISSION - =wr� �`. X '- � ;��.,i:�c�_�: � �:� _ • . , FRIDLEY MiJNICIPAL CENTER • 6431 UNNERSTTY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 • FAX (763) 571-1287 • TTD/1TY (763) 572-3534 February 27, 2008 Amtech Lighting 6077 Lake Elmo Avenue N Stillwater MN 5508-2 Attention: Scatt Meister NOTIFICATION OF EXTENSION OF TIME OF AGENCY ACTION RE: Fridley Special Use Permit, SP #08-04 Dear Mr. Meister: State Statute requires the City to act upon a special use permit request within 60 days of receipt of an application. Pursuant to Minn. Stat. §15.99, Subd. 3(fl, the City hereby extends the time for agency action on your special use permit request until May 16, 2008. An extension is needed due to the fact that you as the petitioner weren't present at the scheduled February 20, 2008 public hearing for your special use permit request. As a result, your Special Use Permit request will now go before the Planning Commission on March 5, 2008 and the City Council on March 24; 2008. Both meetings start promptly at 7:30 p.m. If you have any questions, please feel free to contact me at 763-572-3595. Sincerely, . Stacy r berg � Planner cc: Holiday Companies 4567 American Blvd. W Bloomington MN 55437 C-08-13 � CIIYOF FRIDLEY FRIDLEY MUI�TICIPAL CENTER • 6431 U1�RVERSITY AVE. N.E. FRIDLEY, NIN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 January 29, 2008 Amtech Lighting Attn: Scott Meister � 6077 Lake Elmo Avenue N Stillwater MN 55082 Dear Mr. Meister. Per Minnesota Statute 15.99, local govemment units are required to notify land use applicants within 15 working days if their land use applications are complete. We o�cially received your application for a special use permit on January 18, 2008. This letter serves to inform you that yctur application is complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on February 20, 2008 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your Special Use Permit on March 10, 2008 at 7:30 P.M. Please plan to be in attendance at both of the above referenced rrreetinqs. � If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, , Stacy S omberg � City Planner ` cc: Holiday Companies 4567 American Blvd. W Bloomington MN 55437 C-08-05 ;� y City of Fridley Land Use Application SP #08-05 March 5, 2008 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael and Patrick Lawrance 7775 Main Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage in an M-2, Heavy Industrial zoning district. Existing Zoning: M-2 (Heavy Industrial) Location: 7775 Main Street NE Size: 55,839 sq. ft. 1.28 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial 8� M-2 S: Industrial 8� M-2 W: Industrial 8 S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1972 — Lot is platted. 1976 — Building is constructed. Legal Description of Property: Lot 6, Block 3, East Ranch Estates 2"d Addition, subject to easement of record. Public Utilities: Building is connected. Transpo�tation: Main Street provides access to the property. Physical Characteristics: Building, gravel yard, hard surface parking area with very little landscaping. SUMMARY OF PROJECT The petitioners, Mike and Patrick Lawrance are seeking a special use permit to allow limited outdoor storage on their property, which is located at 7775 Main Street NE. SUMMARY OF APIALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 24, 2008 Existing Building Staff Report Prepared by: Stacy Stromberg � � SP #08-05 REQUEST The petitioners, Michael and Patrick Lawrance of Signcrafter's, are seeking a special use permit to allow limited outdoor storage on the property that they own at 7775 Main Street. Three tenants occupy the building and will utilize the outdoor storage area. The petitioner's plan to use the outdoor storage area for the storage of motor vehicles and signs. The outdoor storage area is proposed to be 3,991 square feet and will be located on the north and east sides of the existing building. SITE DESCRIPTION AND HISTORY The subject property is zoned M-2, Heavy Industrial as are the properties to the north, east and south. The property located to the west is zoned S-3, Heavy Industrial Onaway Addition. It is located on Main Street, north of 77�' Avenue. The property was developed in 1976 with the construction of the existing 11,039 square foot building. In October 2005, staff notified the owners of Signcrafter's that the outside storage area at ` ��� e� � their business at 7765-7775 Main Street "� � 3 required a special use permit. They had placed ��Y��� ������ �� ��� x�SM.R g .:t� �i a sign in the public right-of-way advertising the �= f: - availability of outside storage, which is what � �'� � � brought the situation to staff s attention. After ,¢� � repeated letters and telephone conversations, /,�.; ��»�.�5�.. � �r �.3. - the owners of Signcrafters were given a deadline of March 3, 2006 to submit an application for a special use permit for outside storage. On March 8, 2006, when no application had been received and negotiations had broken down, staff issued a citation to Patrick Lawrance, owner of the property, for having outside storage on an industrial property without a special use permit. In response to the criminal citation, the owr�ers of Signcrafte�'s filed a civil case against the City, arguing that they were allowed to have outside storage on the property because they had a legal nonconforming condition. The civil case needed to be resolved before the criminal case, because if they prevailed in their position of being legally non-conforming, no crime was committed by their having outdoor storage. Consequently, the City's criminal case was put on hold. The civil case was finally resolved (as was the criminal case) in a settlement agreement by the Fridley City Council on January 7, 2008. The se#tlement agreement required the owners of Signcrafte�'s to apply for a special use permit for outside storage by February 1, 2008, which they did and is the application reviewed in this report. CODE REQUIREMENTS City Code allo�nrs limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 11,039 square feet, so City code would allow up to 5,519 sq. ft. of outdoor storage on this site. The petitioner is proposing to have an outdoor storage area of 3,991 sq. ft., which meets code requirements. It shall be noted that the settlement agreement between the City and the petitioner's states that the outdoor storage area will be 3,195 sq. ft. At the time of the settlement agreement, the petitioner's didn't have a to-scale survey of their property. As a result, the square footage amount in the settlement agreement differs from what�the petitioner's state in the letter they submitted with this special use permit request. Since the settlement agreement, a certificate of survey has been completed for the property showing a more accurate measurement of the outdoor storage area. Since, it is well within the allowable 5,519 square footage allotment for this property, staff is agreeable to allowing 3,991 sq. ft. outdoor storage. Before the special use permit can be issued, additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. City code requires that the existing business have 25 parking stalls based on the breakdown of uses within the building. The petitioner has submitted a site plan that shows 16 parking stalls, which is 9 stalls short of ineeting code requirements. If the petitioner can prove that there is room for additional parking stalls along the west side of the property, staff will allow the petitioner to proof the remaining required parking stalls so long as parking doesn't become a problem for this property. City code requires that each property shall provide enough off-street parking, so as stated above, if parking becomes an issue for this property; the petitioner will be required to install, stripe and maintain the additional stalls in order to become code compliant. The 16 stalls identified on the survey will need to be striped and used for employee parking, so the stalls that exist on the west side of the property can be used for customer parking. Vehicles will not be allowed to park along the south side of the building as this area is only 19.7 ft. wide and code requires a minimum of 18 ft. for one way access to the rear storage area. This area also needs to remain free of vehicle parking to allow fire truck access around the entire building. Therefore, vehicles that are cuRently parked there, waiting for service, will need to be parked in the proposed outdoor storage area and employee vehicles will need to be parked on the north side of the building. It should also be noted that City code requires that all driveways and parking areas be surfaced with blacktop or concrete. Therefore, any area in the petitioner's yard that is driven on in order to get to parking stalls, the outdoor storage area, or the dumpster needs to be paved. If additional paving is required on this site, the petitioner may be required to comply with drainage and stormwater management requirements. The survey submitted with the special use permit request and the site plan which is attached to the settlement agreement, reflects that the outdoor storage area will be located on the north and east sides of the property. The petitioner is proposing two outdoor storage areas, one at 171 ft. 1 in. by 20 ft. 1 in. (3435 sq. ft) and the other directly north of it is 24 ft. 11 in. by 22 ft. 4 in. (556 sq. ft). The first outdoor storage area will allow the storage of vehicles for an auto body repair business, which is one of the petitioner's tenants. This area is on the east side of the building and encompasses a paved area and also the loading dock which is used for deliveries of the petitioner's signs. The second outdoor storage area encompasses the enclosed trailers, which are located north of the loading dock and north of the existing building. Storage will not be allowed on any other part of the property. To ensure that this happens the open land north of the building and employee parking lot will be landscaped with black dirt and then seeded with grass that becomes established and then is cut regularly and otherwiise maintained. City code as well as the settlement agreement also state that all storage will be fully screened so as to not be visible from any public right-of-ways or from adjacent industrial/commercial uses. The height of the outdoor storage shall not exceed 12 ft. City staff has heard from the neighboring property owner to the south who states that there is an access easement between the finro properties, which allows the neighbor to the south access across the petitioner's property to get to his property. This access is also important for fire protection accessibility around their building. That access easement is not depicted on the survey submitted by the petitioner. Staff has asked the neighbor to provide the documentation, so the petitione�'s surveyor can reflect that easement on the plan. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. No outdoor storage other than the proposed 3, 991 square feet area shall exist on the site without an additional special use permit being approved. 2. All oufdoor storage on the subject property shall be removed and put into the proposed 3, 991 syuare foot area w'�thin 30 days of approval of this special use permif. 3. The City reserves the right to require that the property come into compliance with parking requirements if the City deems that it is necessary, in the future. 4. Per City code requirements, all areas driven on by a motor vehicle shall be covered in a hard surface material approved by the City. 5. All parking areas to be marked and striped for employee and customer parking. Customer parking shall be on the west side of the property outside the fence. All west side parking stalls shall be signed for °customer parking only" and "no parking" signs shall be posted on the south side of the building. 6. The open area north of the employee parking lot shall be landscaped with black dirt and seeded with grass that becomes established by July 1, 2008. Grass shall be cut regularly and maintained to City code requirements. 7. Outdoor storage area, including the enclosed trailers, shall be fully screened so as to not be visible from the public right-of-way or any adjacent commerciaUrndustrial uses. This condition will require the addition of opaque screening thaf encompasses the north, easf and west sides of the outdoor storage area, including on the gate or gates. Gate to remain closed except for entering and exiting to allow proper screening of outdoor storage area. 8. Material and equipment stored outside shall nof exceed 12 ft. in heighf. 9. If any of the trailers currently used for outdoor storage are moved or replaced, the property owner shall then be reguired to pave the area beneath the frailers and extend the curbing to the entire east side and the entire north side of the outdoor storage area as depicted on the site plan attached to the settlement agreement. 90. Hazardous chemicals and materials may not be stored outside. 11. The petitioner shall work with the neighboring property owner to determine if an access easement exists on the subject property. If documentation can't be located for an existing access easement, one needs to �led with Anoka County. !n eiiher case, action shall be taken to secure public record of the easement within 45 days of the City Councils approval of this special use permit. 1/30/08 City of Fridley Application for special use permit for outdoor storage Lawrance Properties and its tenants, Signcrafters, The Auto Body Shop, and Albrecht Sign Company are requesting a special use pemnit to continue the use of the outdoor stora,ge at 7765-7775 Main Street NE. This storage would be limited to the paved areas, loading dock and enclosed trailers along the east side of the property. We also propose to repair the damaged fencing and install proper screening on the north side of the property. The attached site plan details all existing conditions and indicates exactly where all items will be stored on the property. The total outdoor storage will not exceed 3991 square feet as noted on the site plan labeled proposed.. Since ely M' e Lawrance 7775 MAIN STREET MI]�TNEAPOLIS, MN 55432 (763) 571-2�95p (763) 571-3588f E=Ma11: Siancrafters@SCOUTDOOR.com vvvvw.scoutdoor.com � � s o � � � � � o � � °� � m � � . s 0 ---� -----�—;; � � `���> � I I �\,', _f <;��� I - I . � I I I `�o,. ,r ' ��i I�� � � I� ,i �¢�me���smsel�t ��j :;. ��' i � � ��1 0 ; a ������ � � ��������������� � ���� � � � � ��� g � � e' � a� O � �O � � 9�' O � � � � � "O C v� � ��� � � _ ��� �� � � � � o � a � o � �G ��� � � � � V ��a •• p ,Q��t� g�B�i�" $P@ z � E1.�� 9tl�n�� � �� "' �`��E��������`������ � �� �;�e��'���e ����l� a a a �� `$� �� ��� ��� P� � � i a � 9� � � � � � �� � � �fl � � a �� 6 a� �� � f �i � F "° � �i 9 �� �� s �� �� � e a � � � �� � �� � � � �__. = i � � � lr,�J m`° � � ,�1 � �j � Z � _ � � � � i.. i.. ,� _ ,�;�•�, - ,� � -- � '�-� `•��. : �,, � r ,_ : .: �r�; �� ����> .,. i � ' I�� I�� � ; i�� ,�� g��e.�...�i � � � y�; iii �I� • � � � $ s t - ° r� � � ������ � � ��t���g ����°��� � :'� � �� �� �� � � i � r � ' $ f �� ��� g�� ��� ��9 � a �� � � � � � � � g � � �DZ ��h p � � � '- �°� � c � � ° � � � � � D Z � I� I m < � � I � � � M Z i1� � j��� � � (( m �' � �+.',!' � rj a r ����i��� ,s}� � �� i� �� fi� ;1 4 `� � �� 41 �i 1� . �� J '� �. �) +� � � � � � ��� . � � � $� ! � �, r • ���� � ���� � ��l� a $el� . ��$�a , �� � � -�t- �i � ' i �s�.% t+ �" ,-�t-----i'_' -�--- _�a.---- -ef►• � �� *d s r� �� �r 3----- I I <�?, I � i � i i i i I � r � • � � m . �, $� �� 0 �Z 1 .� � � r a m � � x 4 � 0 m � � � � � �� , SETTLEMENT AGREEMENT AND LIlVIITED MUTUAL RELEASE Lawrance Properties, Signcrafters Outdoor Display Inc., Patrick Lawrance, and Michael Lawrance (collectively "the Plainriffs" or "Signcrafters"), and the City of Fridley ("the City"), hereby agree and covenant as follows: A. The parties to this Agreement wish to avoid the time, expense, inconvenience and uncertainties of litigation regarding whether Plaintiffs' outdoor-storage-related activities camply with the laws of the City of Fridley. Accordingly, without any of the parties admitting any liability or admitting the validity of any claim, counterclaim, cause of action, or defense asserted in this action, the parties wish to resolve and settle the clairns and counterclaims, and defenses asserted thereto, relating to the outdoor-storage-related activities of the Plaintiffs. B. The parties to this Agreement desire to disnuss with prejudice the lawsuit endtled "Lawrance Properties . Inc., a Minnesota coYporation; Signcrafters Outdoor Display Inc., a Minnesota corporation; Patrick Lawrance, an individual, and Michael Lawrance, an individual, Plaintiffs-Counterclaim Defendants, v. City of Fridley, a Minnesota municipal corporation, Defendarat-Counterclaim Plaintiff, " Case No.C4-06-6560, in the District Court of the Tenth Judicial District in Anoka County ("the Civil Action"). C. The parties further desire to dismiss with prejudice the charges in a proceeding entitled City of Fridley v. Patrick Anthony Lawrance, TCIS No. T2-06-1 Q073, in the T�istrict Court of the Tenth Judicial District in Anoka County ("the Criminal Action"). ' 'THEREFORE, in consideration of the foregoing, and the mutual covenants and conditions contained in this Agreement, the parties agree as follows: A. This Agreernent is entered into in good faith for the purpose of settling those disputes of the parties to this Agreement with regard to whether Plaintiffs' outdoor-storage-related activities comply with the laws of the City of Fridley. B. This Agreement does not resolve, and is not intended to affect, any other present or potential disagr�ments between the parties other than the disagreement as to whether Plaintiffs' outdoor-storage-related activities comply with the laws of the City of Fridley. It does not release, and it not intended to affect, the obligation of any Plaintiff to comply with any laws other than the laws of the City of Fridley that govem outdoor-storage-related activities. The subjects that are beyond the scope of this Agreement include, but are not limited to, the following: 1. Whether the parking available at Plaintiffs' premi�ses, including the number of off- street spaces, their size, the surface of the areas used or available for parking (including the type and condition of it), the curbing of the areas used or available for parking or the lack thereof, complies with the laws of the City of Fridley. 2. Whether the drainage areas at Pla.intiffs' premises or lack thereof, comply with the laws of the City of Fridley. 3. Whether the storm water management plan or practices or lack thereof, comply with the laws of the City of Fridley. C. No later than February 1, 2008, Plaintiffs shall submit a complete application for a Special Use Permit for Outdoor Storage that matches the terms set forth in Exhibit A attached hereto. This application shall include, but not be limited to, an accurate and professionally- prepared site plan (including a scaleable certificate of survey) of all of the property that is the subject matter of the Civil Action. When received, this application shall be processed by the City, including presentation to the Planning Commission and thereafter to the City Council, according to the Council's regular timetables and intemal deadlines. The City agrees to waive all fees with respect to the processing and issuance of the Special Use Pemut. D. As a condition to the effectiveness to this Settlement, the parties agree that the City may adopt and agprove the attached Special Use Permit, with the terms in Exhibit A atta.ched. hereto, and that the Plaintiffs will abide by the conditions of that Special Use Permit if approved. If the City does not adopt and approve the Special Use Permit, the outcome shall be govemed by Paragraph I of this Agreement. . E. Except only for the representations or obligations of the parties under this Agreement and the Special Use Permit, the Plaintiffs and any and all of their beneficiaries, employees, agents, representa.tives, successors, assignees, transferees, joint ventures, attomeys, and insurers, hereby release and discharge the City, and its pa.st and present o�cers, elected off'icials, employees, agents, representatives, affiliates, divisions, successors, assignees, transferees, joint ventures, attorneys, insurers, and risk pools (including the League of Minnesota. Cities Insurance Trust) from all manner of claims, demands, actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or eqnity, the Plaintiffs ever had, or now have, or hereafter may have, whether known or unknown, regarding whether the Plaintiffs outdoor-storage-related activities comply with the laws of the City of Fridley. F. Except only for the representations or obligations of the parties under this Agreement and the Special Use Permit, the Ciry, and any and all of their and their past and present officers, elected. officials, employees, agents, representaxives, affiliates, divisions, successors, assignees, transferees, joint ventures, attomeys, insurers, and risk pools hereby release and discharge the Plaintiffs and their beneficiaries, employees, agents, representatives, successors, assignees, transferees, joint ventures, attorneys, and insurers, from all manner of claims, demands, actions, causes of actions, suits, debts, dues, sums of money, accounts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the City ever had, or now has, or hereafter may have, whether known or unknown, against the Plaintiffs, with regard to whether the Plaintiffs' outdoor-storage-related activities comply with the laws of the City of Fridley. G. Each party will bear its own costs, expenses and attomeys' fees that it has incurred in connection with or arising out of the Action. 2 H. This Agreement shall be binding upon the successors and assigns of �the parties, whether by way of inerger, consolidation, operation of law, assignment, purchase, or other acquisition. I. The effectiveness of this Agreement is contingent on the approval of the Special Use Permit in the form attached a.s Exhibit A to this Agre�ment or a different version of that Perrnit agreeable to the parties. In the event that approval of the Special Use Pernoit is not forthcoming, then within 30 days of a final unappealable or unappealed action denying a.n application for its approval, this Agreement shall be void, and the parties agree tliat in that circumstance one or more parties may reinstaxe the Civil Action, the Criminal Action, or both, or any portion thereof. J. Within 20 days of the execution of this Agreement, the parties, through their counsel, shall execute and file stipulations for dismissal with prejudice of the Civil Action and the Criminal Action. K. All questions with respect to the construction of this Agreement and the rights and liabilities of the parties to this Agreement shall be govemed by the laws of the State of Minnesota.. L. This Agreement effects the settlement and release of claims and defenses, which are denied and contested by the pa:rties, and nothing contained in this Agreement shall be construed as an admission of liability by either party. M. Each party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, any of the claims released pursuant to this Agreement to any other person and that it is fully entitled to compromise and settle such claims. Each party shall indemnifX the other against all costs, expenses, and judgments, including all attomeys' fezs incurred, in the event that any third party shall assert any of the claims released pursuant to this Agreement ba.sed on a purported assignment or transfer of rights by a party to this Agreement. N. This Agreement and its attachxnents and addenda represent the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior and contemporaneous oral and written agreements and discussions. Each of the parties covenants that it has not entered into this Agreement as a result of any representation, agreement, inducement, or coercion, except to the extent specifically provided in this Agreement. Each party further covenants that the consideration recited in this Agreement is the only consideration for entering into this Agreement, and that no promises or representations of other or further consideration have been made by any person. This Agreement may be amended only by a written agreement executed by all parties. O. This Agreement is the result of a.rms-length negotiations among the parties. All parties have participated in the negotiations, have had an equal opportuniry to participate in the drafting and revision of this Agreement, and have had the opportunity to review this Agreement with their counsel. No ambiguity shall be construed against any party based upon a claim that the parl,y in question drafted the ambiguous language. P. This Agreement may be executed by the parties by facsimile and in identical counterparts, each of which shall constitute an original for all purposes. 3 WI�REFORE, the parties have ezecuted this Settlement Agreement and Limited Mutual Release effective as of the date first above written. Dated: Dated: Dated: LAWRANCE PROPERTIES AND THE CITY OF FRIDLEY Dated: ��dgl �g By= Its Mayor Dated: l� ��l Qg _ : e�.__� ►%/ _".����- .- P:�Attorrey�SAS11 Client F'JeslSiga Crefrets\Seulement Ageament ami T�oited Muwal Release-August c]ean.DOC 43 cV � � � LIJ Q � � e- �� � M MC'!"T� "���:::'�.:'^.""i. .�.. � +s_',!' �t_. . . . . � . . . . . . t � • � ' � : � : � : � � : : � . t . � . � . � . � . •� • . � . � . � . :�:: � C. , . - . ' • ' . � � • . ' � • . �� •�•. �� , ' . • • ' � • � ' ^ � • • • • . O � : �� • • • - • • • =N • . . . M .�.� • . . . � . . . � . . . . . . . ��.. i; 0 C � ; • • - • • • . • • . • . • � • . . . �' �. � • � ;• � �. • � O'. . . • ' y� ' ' .9:� _� • �� . �M . . ... . . � m • • •M•' .................. �' � .3 ....... . . :�: '�: .. ............... ... � ........--• ............. . . . . . . . . .� . . . . . . . . . . . . . . 0 � � 'n"...�.:� : :. . _...........:.:._.._._..�.._�_.._..:.,� :;._::a:�...�...._.�..:� i. M \ co co � � �-- --- -- ---- '- -- -- - � ---- ° -- -- --- -�••••••••• m '��' N _ r ry 1 � ♦ :_- _ __� � T _ _ _� ��_ � • _ �� � l�_�� __ r^ .• . • . � •.. .• � .. . • •.,. ••� •. '- ,' ' "� ' � Q' ' � • • "•� . . . � - � - � . •y ', • � . � •, : '+ 'M. . M � ' ' • ,��'�' -� •, �` � , • . . � . ' � � • . , ^ �.� � � • . ' • • • . : � ,;�+��,: t ,�_ _ _ : : ;_:--• _ _ :;: � _.�"� - � � .;� . .+ . .:. � : . . � .�e . :.r. ..- � - � � N:. . . ��.�� .�:,�; :- _- : _ : _ . :- . m ._ ..._�..._..��. ..,_:. ... ,- - - : : . � ,- .-..�." �=� �-- :. :" .-.- � � - ................. _.:._:-.._:.�:.__:.._.�__ _ ............:. .....:.. _.. . ._... .. . _. .. . ... .. � �:::� .::... -.::_.. .:� � _.: .:. -_..�..:. -.: :.-.�..-�: .._ . . .._ _ . . .��.._ . . . ..,... � ; CITY OF FRIDLEY ' 643y UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECI14L USE PERMIT APPLICATION � PROPERTY INFORMATION: (certificate of survey required for submittal, see attached) Address: 7765-7775 MAIN STREET NE Propert9/ Identification Number:_ 02-30-24-33-0019 Legal Description: Lot_6 Block _3 Tract/Addition_EAST RANCH ESTATES 2ND ADDITION Current Zoning:_M2 HEAVY INDUSTRIAL. Square footage/acreage: 11,000 BUILDING/ 41,580 LOT Reason for Special Use: OUTDOOR STORAGE Have you operated a business in a city which required a business 9icense? Yes X No If Yes, which City? MINNEAPOLIS If Yes, what type of business? SIGN INSTALLATION Was that license ever denied or revoked? Yes No X ��������������������������������..�������������������������������������������� FEE OWNER INFORMATION (as it appears on the properly title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: LAWRANCE PROPERTIES ADDRESS: 7775 MAIN STREET NE FFtIDLEY, MN DAYTIME PHONE: 763-571-2995 � SIGNATURE/DAT�: /'� �S -�.� ����������������������������������������������������������������������������� PETITIONER INFORMATION NAME: MICHAELLAWRANCE AND PATRICIC LAWRANCE ADDRESS: 141 PEAVEY LANE WAYZATA MN 55391 AND 6259 EMPIRE LANE MAPLE GROVE MN 55311 DAYTIME PHONE:_763-571-2995 SIGNATURFJDATE• _-/ f� �'/ 'l� �%� ���������� ����������������� ��������������������� ������������������� Section of City Code: ao� 18� I C- (�v� FEES �I-Iz,�2+v1� �i ' rnzn� 4��'h'„'� � j �"l� (,�,n.m�C � � s - "1- og7 Fee: $1,500.00 ���'�� �- �' : — �►p�lication Number:,�� -a Receipt #: � R�ceived By: L. ��-..- Scheduled Planning Comm�ssion.Uate:�,'�-=5-08 Scheduled City Council Date: __�� y- � g 15 Day Application Complete Notification Date: �-lS-og 60 Day Date: 3;'� /- a� Community Development "� � ��:� SPECIAL USE PERMIT PROCESS F. ;� � ��N�� �.�. �:. Purpose: A Special Use Permit allows the City with the discretion to determine the suitability of certain uses on the general health and welfare and public safety. Considerations: The City may consider the following to determine the suitability of a certain use: 1. The nature of the land on which the use is to be located, 2. The nature of the adjacent land or buildings, 3. The effect on traffic into/out of the site, or on adjacent roads: 4. Any other factors and the City shall identify as appropriate to determine the effect of such use. The Special Use Permit process begins by filling out a SPECIAL USE PERMIT APPLICATION. This, with a site plan, and other appropriate drawings, must be submitted to the Planning staff. A fee is associated with the application; $100 for second accessory building applications, $1,500 for all other applications. Fees are non-refundable. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these properly owners. This is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays if the month at 7:30 p.m. in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all special use permit requests. Additional information regarding the Special Use Permit Process may be obtained by calling the City of Fridley Planning Department at 763-572-3599 or 763-572-3595. SPECIAL USE PERMIT APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: RESIDENTIAL.: ITEAII SUBMITTED RECENER'S COMPLETE REVIEWER'S INITIALS INITIALS Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and etitioner have si ned. Scaled certificate of survey, by a certified surveyor, of property showing north arrowr, existing and proposed structures, lot and block number, adjacent street names, and buildings _ on adjacent lots within 10 feet of the common lot lines. Elevation of building and description of Materials. Narrative of ro osed use of buildin . COMMERCIAL AND INDUSTRIAL: SUBMITTED RECEIVER'S COMPLETE REdIEWER'S INITIALS IIdITIALS 1TEM Completed application, with fee (Application is considered complete if all blanks are completed, and both fee � owner and etitioner have si ned. Scaled certificate of survey, by a certified surveyor, of properly showing north arrow, existin and ro osed structures, lot and block number, adjacent street names, and buildings on adjacent lots writhin 10 feet of the common lot lines. Elevation of building and description of materials. Narrative of ro osed use. Code compliant landscape plan for all � projects requiring a parking lot ex ansion of four 4 or more s aces. Gradin and draina e lan. Erosion control lan. SPECIAL USE PERMIT APPLICATION SUBMISSION CHECKLIST, PAGE 2 ITEM SUBMITTED RECEIVER'S COAlIPLETE REVIEWER'S IIVITIALS INITIALS Calculations for stormwater runoff: a. undeveloped condition b. existing condition c. proposed condition Calculations for excavation and/or fill. Utility Map: (If item is nonexistent, note on plan) Water: size and type of a. existing mains b. existing senrices c. proposed services d. hydrants e. valves f. fire services Sewer: size and type of a. existing mains b. existing services c. proposed senrices d. manholes and lampholes e. elevations (inverts and top of castings) Storm: size and type of a. existing mains b. existing services c. proposed services d. manholes and lampholes e. elevations (inverts and top of castings) f. existing catch basins g. proposed catch basins Items are required to be submitted in three (3) full-size copies, with one (1) 8 1/2" X 11" reduction. The City reserves the right, based on a case by case analysis, to wraive any of the above requirements. CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet�of property, generally located at 7765-7775 Main Street NE. CASE NUMBER: Special Use Permit, SP 08-05 APPL/CANT: Michael 8� Patrick Lawrance Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To allow limited outdoor storage on the rope . ° LOCATION OF 7765-7775 Main Street NE PROPERTY AND LEGAL Lot 6, Block 3, East Ranch Estates Second Addition DESCR/PTION: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, March 5, 2008, 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEARING: Fridley Municipal Center, City Council Ch�mbers 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PART►CIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 27, 2008. The TDD # is 763-572-3534. AAIY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. * PROPOSED CITY The proposed City Council meeting Date for this item will be COUNCIL MEETING Monday, March 24, 2008. *This date is subject to change DATE depending on the outcome of the Planning Commission � meeting. Please confirm City Council date prior to attending City Council meeting. Publish: February 21, 2008 '� COMMUNITY DEVELOPMENT DEPARTMENT r CITY OF FRIDLEY PUBLIC HEARING NOTICE 79TH AVE 7864 7893 � 7875 7872 0 7901 7880 � 7865 7891 � '' , 7855 �o � 7847 °° _ (� � W 7845 7830 � J W 7839 � � 0 7805 0 0 � Z 7835 Q � 7801 � ° � I--� H AVE 78TH AVE rrss nss �� � �o � � ��s Tns ' o � � � 7740 7753 �'o �— �63 0 � V � Z 7740 W 7733 7748 � 7751 Q W 7751 � �14 7713 13 � 51 o c�''o � m 13 � 7 AV 40 191 7880 7880 7895 7875 7855 ❑ � � W rrro V rrs7 7701 77TH AVE < 7685 220 ��\A- /' !� 225 SOURCES Fridley En9inee►in9 �oi� co�� ��s Special Use Permit Request, SP #08-05 Petitioner: Michael and Patrick Lawrance AAap Date: February 20, ZooB 7775 Main Street NE 7616 N W E S ., �ITZEN ENTERPRIZES BI7�4L MFG INC & BIZAL M J BIZAL RUTH M 7855 RANCHEFtS RD NE 7880 RANCHERS RD NE 7880 RANCHERS RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 STOCK GERRY 3840 205TH LN NW OAK GROVE, MN 55303 OWCZARZAK INVESTMENT LLC 7770 RANCHERS RD NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7787 RANCHERS RD NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7710 MAIN ST NE FRIDLEY, MN 55432 SCHULTZ PAUL V 7351 TEMPO TER NE FRIDLEY, MN 55432 HARRIS RICHARD H 6200 RIVERVIEW TER FRIDLEY, MN 55432 HOGEN DELMAN R& CAROL A 7813 MADISON ST NE FRIDLEY, MN 55432 HENNICK PROPERTIES LLC 15084 96TH STREET NE OTSEGO, MN 55330 CURRENT OCCUPANT 7701 MAIN ST NE FRIDLEY, MN 55432 TALCO INC 7835 MAIN ST NE FRIDLEY, MN 55432 SMITH STEPHEN D& DAWN M 7801 ELM ST FRIDLEY, MN 55432 STOCK GERRY 3840 205TH LN NW OAK GROVE, MN 55303 SCHULTZ PAUL V 7351 TEMPO TER NE FRIDLEY, MN 55432 CURRENT OCCUPANT 13 77TH AVE NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7800 MAIN ST NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7840 MAIN ST NE FRIDLEY, MN 55432 LAWRAIdCE PROPERTIES INC 7775 MAIN ST NE FRIDLEY, MN 55432 PINE TREE TRUST LIMITED PTNSHF 7773 RANCHERS RD NE FRIDLEY, MN 55432 , CURRENT OCCUPANT 7801 ELM ST NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7751 ELM ST NE FRIDLEY, MN 55432 CURRENT OCCUPANT 7751 ELM ST NE FRIDLEY, MN 55432 CURRENT OCCUPANT 13 77TH AVE NE FRIDLEY, MN 55432 RANDERS JAMES B 8� STOREBO J S 7839 ELM ST NE FRIDLEY, MN 55432 PETERSON CARL M& SHIRLEY C 7791 ELM ST FRIDLEY, MN 55432 CURRENT OCCUPANT CURRENT OCCUPANT PETERSON CARL M& SHIRLEY C 7791 ELM ST NE 7763 ELM ST NE 1641 29TH AVE NW FRIDLEY, MN 55432 FRIDLEY, MN 55432 NEW BRIGHTON, MN 55112 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, March 5, 2008, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #08-05, by Michael & Patrick Lawrance, to allow limited outdoor storage on the property, legally described as Lot 6, Block 3, East Ranch Estates Second Addition, generally located at 7765-7775 Main Street NE. 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 Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids_ should contact Roberta Collins at 763-572-3500 no later than February 27, 2008. The TDD number is 763-572-3534. The proposed City Council meeting date for this item will be on March 24, 2008. *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Couacil date prior to atteadiag the City Council meeting. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: February 21, 200,8 0 � GIZYOF FTZIDLEY FRIDLEy MUI�TICIPAL CENTER • 6431 iJIVIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/ITY (763) 572-3534 February 6, 2008 Michael and Patrick Lawrance 7775 Main Street Nf Fridley MN 55432 Dear Petitioners: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We ofFcially received your application for a special use pertnit on February 1, 2008. This letter serves to inform you that your application is complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on March 5, 2008 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your Special Use Permit on March 24, 2008 at 7:30 P.M. Please plan to be in attendance at both of the abovere#efe�eed meetinas. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, Stacy St mberg City Plan er C-08-09