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04/08/1991 - 5095J FRIDL$Y CITY COIINCIL MEETING {or �� ATTENDENCE SHEET T'landay, April 8, 1991 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN :,��: ITEM ":PRINT NAME (CLEARLY) ADDRESS NUMBER °� ` , /11 r . � � � � i �-. �? _ � .�c, /� , � il i'�/� ,� /'�..: r. �r .. � � „ _� �%� .�.� I'%%,�.:I .: �� . � �_ ; OL�L� ��/ • � i.df ... �.J� r1 ;,� ::y � �O � vvc. .�.L �`-� /L> > b .� � �..C.v �- � L-� -�%.� o� `�'�.5�: �(//'' 5�5a ' � �-� r� �8 � I -- �n�. � �U� /� �"/ �� ' �� -! �', 5 zl� � /„ �' ��' i� 5�D �S"� �� Gc'�e.- �, Syk� %�/ov S� , 7�_3� �AcaL o� � � 81 �,S' L.�e� k� J'�� W1�'i�� ,� ' � � �I r •' .- -p D � �< s_ s ��- �F i i �.p b �� i, o9'aJ "F tNe.� 9/—�.', o � qt�-vr�z b� ' 1 FRIDLEY CITY COUNCIL PLEDGE OF ALLEGIANCE: APRIL 8, 1991 BOARD OF REVIEW MEETING Board of Review . . . . . . . . . . . . . . . . . . . . 1 - lA CITY COIINCIL MEETING PRESENTATION OF PROCLAMATION: Minnesota Special Olympics Day - July 13, 1991 APPROVAL OF MINIITEB: City Council Meeting of March 25, 1991 ADOPTION OF AGENDA: OPEN FORUM, ViSITORS: (Consideration of items not on agenda - 15 minutes) PUBLIC iiEARING: Final Plat, P.S. #91-01, by Milestone Hotel Investments, Inc., to Replat Part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be Described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. . . . . . . . . . . . . 2 - 2R OF APRIL 8, 1991 Paqe 2 OLD BUSINE88: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 125, Entitled "Saunas and Massage Parlors,�� by Amending Section 125.02.06, by Adding New Section 125.03 "Exceptions," and by Renumbering the Remaining Sections Consecutively . . . . . . . . . . . . . . . . . 3 - 3B Variance Request, VAR #90-32, by First Western Development Corporation (Tabled 3/25/91) . . . . . . . . . . . . . . . . . . . . 4 - 4A Resolution Approving a Subdivision, Lot Split, L.S. #91-02, to Split Lots 1-5, Auditor's Subdivision No. 153 into Two Separate Parcels, Parcel A and Parcel B, Generally Located at 5201 - 5275 Central Avenue N.E. (Tabled 3j25/91) . . . . . . . . . . . . . . 5 - 5FF Receive an Item from the Appeals Commission Meeting of March 12, 1991: . . . . . . . . . . 6 - 6P A. Variance Request, VAR #91-04, by Milestone Hotel Investments, Inc., to Reduce the Side Yard Setback from 15 Feet to 0 Feet for Proposed Lots 1 and 2, Block l, Skywood Mall Addition, to Allow a Zero Lot Line in a Commercial District, Generally Located at 5201 - 5275 Central Avenue N.E. (Tabled 3/25/91) 3 NEW BUSINE83: Receive the Minutes of the Planning Commission Meeting of March 27, 1991: . . . . . . . . . . 7 - 7.69 A. Special Use Permit, SP #90-18, by Humberto Martinez, Per Section 205.18.03.C(4) of the Fridley City Code, to Allow the Lot Coverage to be Increased from 40 Percent Maximum to 44 Percent Maximum on Lots 1 through 5, Block 6, Onaway Addition, Generally Located at 7786 Beech Street N.E. ............. B. Special Use Permit, SP #91-04, by David and Sheri McCain, Per Section 205.24.04.(D) of the Fridley City Code, to Allow the Construction of an addition to an Existing House in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the Same Being 689 Fairmont Street N.E . ............ 7 - 7.04 7.13 - 7.29 7.04 - 7.06 7.30 - 7.41 C. Special Use Permit, SP #91-05, by Randall Olchefske of Riverside Car Wash, Per Section 205.14.O1.C.6 of the Fridley City Code, to Allow the Expansion of a Motor Vehicle Wash Establishment on Tract D, Registered Land Survey No. 19, the Same Being 6520 East River Road N.E. ..................... 7.06 - 7.08 ..................... 7.42 - 7.51 FRIDLEY CITY COIINCIL MEETING OF APRIL 8, 1991 NEW BUSINESS (CONTINIJED): Receive the Minutes of the Planning Commission Meeting of March 27, 1991 (Continued): D. Set Public Hearing for April 22, 1991, for a Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop to Replat Property Generally Located at 8100 East River Road N.E. ....... 7.08 - 7.11 ....... 7.52 - 7.69 Page 4 Receive an Item from the Appeals Commission Meeting of March 26, 1991: . . . . . . . . . . 8 - 8Y A. Variance, VAR #90-31, by Humberto Martinez, to Reduce the Lot Area from 1 1/2 Acres (65,340 Square Feet) to 1/3 Acre (14,320 Square Feet); to Reduce the Required Lot Width From 150 Feet to 88 Feet; to Reduce the Side Yard Setback from 20 Feet to 8 Feet; to Reduce the Side Yard Setback on a Corner Lot From 35 Feet to 8 Feet; to Reduce the Rear Yard Setback from 25 Feet to 8 Feet; to Reduce the Parking Setback from 20 Feet to 8 Feet to Allow the Construction of an Addition on Lots 1-5, Block 6, Onaway Addition, the Same Being 7786 Beech Street N.E. FRIDLEY CITY COIINCIL MEETiNG OF APRIL 8, 1991 Page 5 NEW BUSINE88 (CONTINi7ED): Receive Items from the Appeals Commission Meeting of March 12, 1991: . . . . . . . . . . 9 - 9FF A. Variance Request, VAR #91-05, by David and Sheri McCain to Reduce the Required Front Yard Setback from 35 Feet to 24 Feet, to Allow the Construction of an Addition, on Lots 17, 18, 19, and 20, Block T, Riverview Heights Addition, the Same Being 689 Fairmont Street At.E. .. 9- 9R B. Variance Request, VAR #91-06, by Randall Olchefske for Riverside Car Wash to Reduce the Required Side Yard Setback on a Corner Lot From 35 Feet to 19 Feet, on Tract D, Registered Land Survey No. 19, the Same Being 6520 East River Road N.E. ...................... 9S - 9FF Approval of Amendment to the Moore Lake Commons East Comprehensive Sign Plan . . . . . . . . . . . . . . . . . . . . . . . . 10 - l0I Receive Bids and Award Contract for 1991 Miscellaneous Concrete Curb, Gutter and Sidewalk Project . . . . . . . . . . . . 11 - i1C z9yi Page 6 NEA BUSINE38 (CONTINUED): Receive Bids and Award Contract for Sanitary Sewer Project No. 221 (Haclnnann Avenue) . . . . . . . . . . . . . . . . . . . . 12 - 12B Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Women's Association of Allied Beverage Industries, Inc. (WAAB) . . . . . . . . . 13 - 13I Informal Status Reports . . . . . . . . . . . . . . . . 14 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 15 Licenses. . . . . . . . . . . . . . . . . . . . . . . . 16 - 16G Estimates . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17F ADJOURN: • Wiiliam J. Nee Mayor Fridiey. MN r Minnesota Special Olympics Day July 13, 1991 �lE2�',�:.�5, t.he 9t-CuznesotaSpecialOG�rmpics annuaCSoft6alf 7ournament wi�(6e fiefd on Saturrlay 7ul.y 13,1991 at Communi�y Park,in �ridle�; and `i�1�3i�E�',�5, t�e Minnesota 7�eterarrs of �or�ign �Nars anQ'its La�l"les �iary Fiave spottsored tFie tournament for 10 years; and `��E�S, t.ke �f'tnnesota Special O(�mpics aflow tfie athletes to experience tFie excitement of competition, continued personal ac�ievement, arcd recognition of t.fieir a6ilities; anif ��'S, thesesoftda(.l'games provule t�e citizens of�►-f'uinesota uritk anopportunity to witness the drive, e��ergy, potential andcapaditities ofpeop�e wit�i menta�retarrfation; and � `1N�1��5, the lives of everyone involved includ'�rcg the athletes, coacFies, vo�unteers, andspectators ane en� a�(Q`j'1 %`I"�2��07��. B� 72"�SOL�E� that I, `YL'i�'zam�. a(�e. Ma�or of the City vf �"ridCey here6y proclaimSatunfay. 9u�y 13,1991 as Minnesota Special Olympics Day in �'rid�. B2 I7�21�,�Z"3f�?t.�SOL�ED t.�at �ridl.e� citi.zens are encouraged to attend the MinnesotaSpecia.CO�irmpicsoftdallgames on�u�yl.3th atCommunityPark,andalso tFie Internatiorca�Specia�Olympics �eld'througfi.out the Metr�vpo�itan aneafrom�uCy 19 - 2 r I� ryVl2*��SS `l1�£�O� I Fiave set mz� fiand andcaused the seal of t6i.e City of}"rid�ey to 6e affi.�erf this 8t( day of �1pri�l 1991. WILLIAM J. NEE, MAYOR . « THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 25, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF PROCLAMATIONS: FAIR HOUSING MONTH - APRIL, 1991: Mayor Nee read and issued a proclamatian proclaiming April, 1991 as Fair Housing Month. Mr. Weeding accepted this proclamation on behalf of the Anoka County Board of Realtors. EARTH ACTION MONTH - APRIL, 1991: Mayor Nee issued a proclamation proclaiming April, 1991 as Earth Action Month. COMMUNITY DEVELOPMENT BLOCK GRANT WEEK - APRIL 1- 7 1991: Mayor Nee issued a proclamation proclaiming April 1-7, 1991 as Community Development Block Grant Week. APPROVAL OF MINUTES: COUNCIL MEETING, MARCH 4, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that the license for Rock and Roll Unlimited North be considered as a separate item. MOTION by Councilman Fitzpatrick to adopt the agenda with the above change. Seconded by Councilman Schneider. r FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 2 MOTION by Councilman Billings to amend the agenda by deletion of Item 7C. MOTION FAILED FOR LACK OF A SECOND. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO GO HYANG RESTAURANT LOCATED AT 6440 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Mr. Pribyl, Finance Director, stated that this hearing is for the issuance of an on-sale liquor license for the Go Hyang Restaurant located at 6440 University Avenue N.E. Mr. Hill, Public Safety Director, stated that at this time his department has no objection to the issuance of the license. He stated that it had been called to their attention by outside sources that the restaurant was in violation of some of the codes. Mr. Hill stated that he believed this was due to lack of knowledge of the law on the part of the petitioner. He stated that the owners have been furnished with a list of Iaws that pertain to their operation, and he felt they were attempting to comply with the City's ordinances. No other persons in the audience spoke regarding the issuance of this license. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:42 p.m. � FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 3 OLD BUSINESS• 2. ORDINANCE NO. 968 RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE DI5POSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.01.03, 113.01.04, AND 113.01.07 AND RENUMBERING CONSECUTIVELY, AND AMENDING SECTION 113.0? AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE• Ms. Dacy, Community Development Director, stated that this proposed amendment would allow composting on residential properties up to four units. She stated that the ordinance defines the type of materials that can and cannot be composted. Ms. Dacy stated that at the March 4 Council meeting there was discussion regarding additional language which might be included as yard waste such as flowers and small shrub triinmings or twigs, and these items have been included in the ordinance amendment. She stated that the ordinance also defines how a compost area must be confined, the location, size, and how it should be maintained. Ms. Dacy stated that this ordinance also contains an amendment regarding yard waste transfer site gate fees. MOTION by Councilman Billings to waive Ordinance No. 968 on the second reading Seconded by Councilman Fitzpatrick. Upon a aye, Mayor Nee declared the motion carried 3. APPOINTMENTS TO CITY COMMISSIONS: PLANNING COMMISSION: the reading and adopt and order publication. voice vote, all voting unanimously. MOTION by Councilman Schneider to nominate Donald Betzold for reappointment as Chairman to the Planning Commission for another term. Seconded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Betzold's appointment to the Planning Commission. MOTION by Councilman Fitzpatrick to nominate David Kondrick for reappointment as Chairman to the Parks and Recreation Commission for another term. Seconded by Councilman Schneider. There being no further nominations, a unanimous ballot was cast for Mr. Kondrick's appointment to the Parks and Recreation Commission. MOTION by Councilman Fitzpatrick to nominate Bradley Sielaff for reappointment as Chairman of the Environmental Quality and Energy Commission for another term. Seconded by Councilman Schneider. There being no further nominations, a unanimous ballot was cast for Mr. Sielaff's appointment to the Environmental Quality and Enerqy Commission. FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 4 APPEALS COMMISSION: MOTION by Councilman Fitzpatrick to nominate Catherine Smith for reappointment to the Appeals Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Ms. Smith's appointment to the Appeals Commission. ENVIRONMENTAL 4UALITY AND ENERGY COMMISSION: MOTION by Councilman Schneider to nominate Richard Svanda for reappointment to the Environmental Quality and Energy Commission for another term. Seconded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Svanda's appointment to the Environmental Quality and Energy Commission. HUMAN RESOURCES COMMISSION: MOTION by Councilman Schneider to nominate reappointment to the Human Resources Commissio Seconded by Councilwoman Jorgenson. There nominations, a unanimous ballot was cast appointment to the Human Resources Commission. PARKS AND RECREATION COMMISSION: Susan Jackson for n for another term. being no further for Ms. Jackson's MOTION by Councilman Billings to nominate Mary Schreiner for reappointment to the Parks and Recreation Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Ms. Schreiner's appointment to the Parks and Recreation Commission. HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Mayor Nee to nominate John Meyer for reappointment to the Housing and Redevelopment Authority for another term. Seconded by Councilman Fitzpatrick. There being no further nominations, a unanimous ballot was cast for Mr. Meyer's appointment to the Housing and Redevelopment Authority. CABLE TELEVISION COMMISSION: Mayor Nee stated that Barbara Hughes has expressed her desire not to be reappointed. MOTION by Councilman Schneider to nominate Paul Kaspszak for appointment to the Cable Television Commission for a three- year term commencing April 1, 1991. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for the appointment of Mr. Kaspszak to the Cable Television Commission. FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 5 MOTION by Councilman Fitzpatrick to nominate Robert Scott for reappointment to the Cable Television Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations, a unanimous ballot was cast for Mr. Scott's appointment to the Cable Television Commission. POLICE COMMISSION: MOTION by Councilman Fitzpatrick to nominate John Hinsverk for reappointment to the Police Commission for another term. Seconded by Councilwoman Jorgenson. There being no further nominations a unanimous ballot was cast for Mr. Hinsverk's appointment to the Police Commission. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY GITY CODE. CHAPTER 125. ENTITLED "SAUNAS AND MASSAGE PARLORS,"__$Y AMENDING SECTSON 125.02.06, BY ADDING NEW SECTION 125.03 "EXCEPTIONS." AND BY RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY• Mr. Hill, Public Safety Director, stated that a year ago the City received a letter from Martha Brent, who is a member of the therapeutic massage network, regarding the difficulties complying with the City's sauna/massage parlor ordinance in order to practice therapeutic massage for which she has been trained. He stated that his department has researched this issue and the approach taken by other cities to allow legitimate therapeutic massage. Mr. Hill stated that the City does not want to get into another situation like the Number One Health Club, but there is a legitimate therapeutic massage business where persons are professionally trained in this field. He stated that the simplest approach is to exempt qualified massage therapists from the license provisions of the City's massage ordinance if they meet specific criteria. He stated that in addition to massage therapists other logical exemptions were identified including medical professions and bona fide establishments whose nature of business would not preclude persons of all ages on the premises. Mr. Hill stated that a bona fide massage therapist must demonstrate to the City that they have received a minimum of 150 hours of certified therapeutic massage training from a massage therapy school accepted by a bona fide state or national therapeutic massage organization, of which the therapist is a member in good standing, and maintains insurance coverage of $1,000,000 for personal liability in the practice of therapeutic massage. Councilman Billings stated that as he understands Section 125.03.A.6, it means if he obtains commercial property in the City FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 6 and gets a license as a hotel he can have someone performing massages. Mr. Hill stated that he could as long as they meet the therapeutic massage criteria. Councilman Billings stated his point is that some years ago an ordinance was passed in the City for the specific purpose of controlling massage because there is no other way of controlling establishments such as the Number One Health Club. He stated that if a person wants a massage he can go to any number of places and did not want the City to wind up with another Number one Health Club. Councilman Schneider stated that there is a legitimate therapeutic massage business. He stated that, obviously, anything can be abused but he believed it was a legitimate business and should not be barred from the City. Councilwoman Jorgenson asked if the nuisance ordinance could be invoked in the event there was a problem and criminal activities involved. Mr. Hill stated that the nuisance ordinance could be used in such a case. Councilwoman Jorgenson stated she understands that currently there is no licensing in the State for persons who are engaged in therapeutic massage. Mr. Hill stated that was correct. Councilwoman Jorgenson suggested that perhaps a licensing approach could be recommended to the State. Mr. David Grocott, representing the Minnesota Therapeutic Massage Network, stated that they are working now with the State in trying to get a bill introduced for State licensing. He stated that it is hoped this will be approved this year. Councilwoman Jorgenson stated that she understands therapeutic massage is being recognized by physicians everywhere. Mr. Grocott stated that a lot of chiropractors have massage therapists to enhance the work in their field. He stated that some physicians are also recommending massage after surgery. He stated that they have two organizations in the State with approximately 300 therapists and four schools in the area. He stated that therapeutic massage has grown over the last several years as they have tried to separate themselves from the prostitution issue to which they had been linked. FRIDL$Y CITY COUNCIL MEETING OF MARC$ 25. 1991 PAGE 7 Mr. Grocott stated that the schools have different levels with a minimum of 150 hours concentrating on practical items such as strokes, business, ethics, anatomy, physiology, and cleanliness. He stated that if a person desires a higher level, such as sports massage, there is a longer training period and more hours required. He stated that some levels require as much as 650 hours of training. Mr. Grocott stated that most cities have had a problem in keeping out the "sleezy" elements, and they certainly want to help in that area. Councilman Schneider asked if there are some cities that do not permit therapeutic massage. Mr. Grocott stated that some permit it with very restrictive ordinances. He stated that probably Bloomington is the most restrictive, and due to the high fees, it would be impossible for a therapeutic massage therapist to work in that city. Councilman Billings stated that he understands that the ordinance as it is now written permits massage by doctors, surgeons, chiropractors, and nurses. Mr. Hill stated that was correct. Councilman Billings asked if it would be a safe conclusion that through this proposed amendment, the City is relaxing the standards and providing a larger number of places where massage could take place and, at the same time, reducing the amount of revenue for the City since there is no license fee involved. Mr. Hill stated one could speculate that the City is taking this position. He stated that he does not know of anyone, at this time, who falls under this ordinance, and the City really is not making money from the ordinance being in effect. He stated that the ordinance is keeping out those the City intended to keep out, and the therapeutic massage group is not operating in the City because they felt they could not comply with the ordinance as it now stands. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. 5. VARIANCE REQUEST VAR #90-32, BY FYRST WESTERN DEVELOPMENT CORPORATION (TABLED 3/4 91): Mayor Nee stated he understands that the petitioner has requested this item be tabled indefinitely. FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 8 Councilman Billings asked if the petitioner has submitted a written request for the item to be tabled or if it was by phone. Ms. Dacy stated it was a telephone request. MOTION by Councilwoman Jorgenson to table this item to April 8, 1991 and request the petitioner submit a written request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETTNG OF FEBRUARY 19. 1991: A. VARIANCE RE4UEST, VAR #91-03, BY DAN SZYKULSKI, TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 21 FEET: TO REDUCE THE SETBACK OF AN ACCESSORY STRUCTURE FROM THE REAR AND SIDE LOT LINES FROM 3 FEET TO 1 FOOT; TO ALLOW THE CONSTRUCTION OF AN ADDITION AND THE EXISTENCE OF A STORAGE SHED ON LOT 1 BLOCK 2l RICK CREEK TERRACE PLAT 6, THE SAME BEING 6860 MADISON STREET N.E.• Councilman Billings stated that he understands the petitioner requested this variance be withdrawn. MOTION by Councilman Billings to table this item to April 8, 1991 pending a written request by the petitioner. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSiON MEETING OF MARCH 13, 1991• A. SET PUBLIC HEARING FOR APRIL 8. 1991, FOR A PRELIMINARY PLAT, P.S. #91-01, BY MILESTONE HOTEL INVESTMENTS, INC., TO REPLAT PART OF LOTS 1, 2, 3. 4, AND 5, AUDITOR'S SUBDIVISION NO. 153, TO BE DESCRIBED AS LOTS 1 AND 2 BLOCK 1 SKYWO00 MALL ADDITION, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. MOTION by Councilman Billings to set the public hearing on this plat for April 8, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-02 TO SPLIT LOTS 1- 5 AUDITOR'S SUBDIVISION NO 153 INTO TWO SEPARATE PARCELS PARCEL A AND PARCEL B GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the property in question is the Skywood Mall Shopping Center and is zoned C-3. She stated that the purpose of the lot split is to subdivide the FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 PAGE 9 Skywood Shopping Mall into two lots, the north lot containing the shops in the mall and the south lot containing the motel. Ms. Dacy stated that in addition to this lot split there is a variance request to the side yard along this proposed lot line to permit a zero lot line between the shopping mall and motel complex. She stated that the Planning Commission recommended approval of the lot split subject to five stipulations which she outlined. Ms. Dacy stated that at the Planning Commission meeting there were residents to the east who inquired about drainage as 52nd Avenue would sometimes be flooded. She stated that a storm sewer project has been completed in the area and this should no longer occur. She stated that another concern from residents was that the grounds would be maintained on a regular basis. She stated that stipulation is part of the building permit issued in 1984 and would still pertain to the property. Mayor Nee asked about the parking criteria and who is responsible. Ms. Dacy stated that cross parking easements and maintenance agreements will have to be signed. Mr. Herrick, City Attorney, stated that he reviewed the initial draft but would like to see the final document befo�e final approval. Ms. Dacy stated that the City Attorney's office has reviewed the party wall and easements. Mr. Herrick asked if there were any changes in the agreements since it was sent to his office. He stated that he reviewed the party wall agreement and mutual easements for access. Mr. Ring, representing Marquette Bank, stated that any changes would be in the flexible conditions and no material change in the initial covenants regarding maintenance or use. Ms. Dacy submitted a copy of the agreement to Mr. Herrick in order for him to review the document. Councilman Billings asked on which parcel the sign is located. Mr. Pat Conlin, representing Milestone Hotel Investments, Inc., stated that the sign would be located on the mall property. Councilman Billings asked if the motel would be seeking an additional 80 square foot sign. Mr. Conlin replied in the negative. FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 10 Councilman Billings asked if Milestone Investments would be agreeable to a stipulation which would prohibit any additional signage as a condition of the lot split. Mr. Conlin stated that they would want the total square footage that is allowed now to remain. He stated that they would not request to extend it further at this time. Councilman Billings stated he understands that if the large existing sign belongs to the shopping mall property it opens the door for the motel to come in and ask for an 80 square foot sign. He stated he understood that the primary reason for the variance for the sign was because of the motel. Mr. Conlin stated that they intend to use the existing sign. He stated that there is an agreement to use the existing sign even though it is on the mall property. Councilman Billings stated that his concern is once a lot split is approved he is not sure of the implications in terms of the variance for the existing sign. He stated that if the sign went with the mall property he questioned if the motel could request an 80 square foot sign. Mr. Conlin stated that the motel now has a sign of their own on the structure. Councilman Billings felt that there was already sufficient if not excessive signage, and he would not want to be in the position of not being able to deny additional signage. Councilman Billings stated that he understands there was a significant amount of neighborhood concern when the motel was first constructed and one of the items related to a liquor license. He stated that at that time it was pointed out that there is a long term lease with Ground Round, and one of the covenants was that there would be no other liquor license on the property. He stated that once a lot split was approved he questioned if that covenant might not hold true for the south lot and if there may be a request from the motel owners for a liquor license. Mr. Ring stated that he cannot speak of any covenants made to outside groups. He stated that there is not, at the current time, any covenant with the land prohibiting the sale of liquor of any kind. He stated that from a public policy concern any condition prohibiting the sale would be the direct abbreviating of a commercial enterprise. He stated that liquor is consumed on the premises for banquets, and people bring liquor to the motel. He stated that he did not see any major concern with the neighborhood in terms of vandalism, derelicts, or anything associated with the consumption of liquor. FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 11 Councilman Billings asked if they would be agreeable to a stipulation that would preclude the motel owners from applying for a liquor license. Mr. Ring stated that he would not agree to any such stipulation. MOTION by Councilman Billings to deny Lot Split, L. S. #91-02. MOTION FAILED FOR LACK OF A SECOND. Councilman Billings stated that it may be preferable to table this item until the next Council meeting. MOTION by Councilman Billings to table this item to the April 8, 1991 meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. SET PUBLIC HEARING FOR APRIL 22 1991 TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING," BY AMENDING SECTIONS 205.03 "DEFINITIONS " AND SECTION 205 07 "R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS" (ACCESSORY APARTMENTS): MOTION by Councilman Fitzpatrick to set the public hearing on this amendment to Chapter 205 of the City Code for April 22, 1991. Seconded by Councilman Schneider. MOTION by Councilman Billings to table indefinitely. MOTION FAILED FOR LACK OF A SECOND. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 13, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 12, 1991• A. VARIANCE REOUEST, VAR #91-04, BY MILESTONE HOTEL INVESTMENTS, INC., TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 0 FEET FOR PROPOSED LOTS 1 AND 2 BLOCK 1 SKYWOOD MALL ADDITION TO ALLOW A ZERO LOT LINE IN A COMMERCIAL DISTRICT. GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: MOTION by Councilman Billings to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 12 9. APPROVAL OF 1991 ANOKA COUNTY SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT: Ms. Dacy, Community Development Director, stated that this joint powers agreement covers the period from January 1, 1991 to June 30, 1991, and the funding formula is based on an amount per household rather than a per ton payment. She stated that the City is not adversely affected by the change in the funding formula. She stated that staff recommends that the City enter into this joint powers agreement with Anoka County. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to execute the 1991 January-June Solid Waste Abatement Joint Powers Agreement with Anoka County. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF CHANGE ORDER TO CONTRACT WITH DETERMAN WELDING FOR REFURBISHING AERIAL LADDER: Mr. McKusick, Fire Chief, stated that this change order is requested to delete from the specifications the requirement to extend the rear crew cab due to a reduced number of crew members needed for this vehicle. He stated that the change order also includes using this difference for improvements on two engine companies. Mr. Pribyl, Finance Director, stated that this change order consists of two components, one is a$5,180 deduction from the original contract, and it also includes an addition to the original contract of $5,196. MOTION by Councilwoman Jorgenson to authorize this change order with Determan Welding for a deduction of $5,180 covering deletion of work on the ladder truck, and an addition of $5,196 to modify six doors on Unit #3384 and to fabricate and install aluminum enclosures on Unite #3381. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND FRIDLEY FOR PROVISION OF HEPATITIS B VACCINE: MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to enter into this agreement with the City of Bloomington to provide Hepatitis B Vaccine. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 13 12. RECEIVE BIDS AND AWARD CONTRACT FOR CORRIDOR MAINTENANCE PROJECT NO. 217• MOTION by Councilwoman Jorgenson to receive the following bids for the Corridor Maintenance Project No. 217: Bid Item A Chemlawn Comm. Serv. 6909 Winnetka Ave. Brooklyn Park, MN $ 8,625 Walbon Lawn Maint. 3225 Skycroft Dr. St. Anthony, MN Greenmasters, Inc. 92 - 43rd Ave. N.E. Fridley, MN Talberg Lawn & Landscape 100 Wilshire Drive Minnetonka, MN J.T. Noonan Co. 3601 - 48th Ave. N. Brklyn Center, MN Bid Bid Item B Item C $3,019 $2,875 $12,000 $3,200 $3,000 $14,522 $2,800 $15,300 $2,900 $30,OQ0 $3,900 Bid Total Item D Bid $l, 003 $15,�a72 $ 8 00 $19,000 $1,675 $ 825 $19,ffi2 $3,900 $2,915 $ 3 0 0 $22,400 $ 4 3 5 $3l,250 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that five bids were received, and the low bidder was Chemlawn in the amount of $15,522.00. He stated that it is recommended the Council award the contract to them for Corridor Maintenance Project No. 217. MOTION by Councilwoman Jorgenson to award the contract for Corridor Maintenance Project No. 217 to the low bidder, Chemlawn, in the amount of $15,522.00. Seconded by Councilman Schneider. [Jpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR THE AUTOMATED FUEL DISPENSING SYSTEM, E4UIPMENT/VEHICLE COST CONTROL AND REPAIR PARTS INVENTORY SYSTEMS IDENTIFIED IN THE 1991 PUBLIC WORKS CAPITAL IMPROVEMENT PLAN: MOTION by Councilman Fitzpatrick to authorize the advertisement for bids for the automated fuel dispensing system and equipment/vehicle cost control and repair parts inventory systems. Seconded by FRIDLEY CITY COONCIL MEETING_OF MARCH 25. 1991 PAGE 14 Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that before the bids are awarded he would like a report on how this would save money for the City. Mr. Flora, Public Works Director, stated that it is hard to identify the savings. He stated that the City currently does not have statistics on the cost of operating vehicles. He stated that with this automated system it would provide a tool for evaluation of which vehicles are best to replace in maintaining the City's fleet of equipment as economically as possible. 14. RESOLUTION NO. 31-1991 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2(OVERLAY AND 73RD. AVENUE): Mr. Flora, Public Works Director, stated that Street Improvement Project No. 1991 - 1 covers improvements on 81st and 83rd Avenues, Hickory Street, Starlite Circle, and the Fire Training Center paving. He stated that Street Improvement Project No. 1991 - 2 covers improvements to 73rd Avenue from Symphony Street to Baker Street, and the widening of West Moore Lake Drive. Mr. Flora stated that since the public hearing on the improvement to 73rd Avenue there have been some changes in the plans. He stated that the plans now include a straight ahead--right turn, and left turn lane markings at Jackson Street, as well as curb cuts with a pedestrian crossing and crosswalk signs on either side of the Jackson Street intersection. He stated that a right turn lane is being provided into the Northco development at Symphony Street and the street is being narrowed to 48 feet. He stated that once the project is completed traffic will be monitored to determine if signalization is necessary. MOTION by Councilman Billings to adopt Resolution No. 31-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 32-1991 ORDERING IMPR0�7EMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 1991 - 1& 2(OVERLAY AND 73RD AVENUE)• MOTION by Councilman Billings to adopt Resolution No. 32-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 15 16. RESOLUTION NO. 33-1991 BETWEEN THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY ESTABLISHING A JOINT POWERS AGREEMENT FOR THE STORM SEWER IMPROVEMENTS ASSOCIATED WITH THE CLOVER POND AND 52ND AVENUE FLAODING: Mr. Flora, Public Works Director, stated that within the Six Cities Watershed Management Organization Plan, Fridley and Columbia Heights have identified two projects, one was the diversion of water from Clover Pond, and the other dealt with the flooding on 52nd Avenue. He stated that Columbia Heights has expressed an interest to complete the projects this year and requested the City enter into a joint powers agreement for these projects. The resolution identifies the need and authorizes the execution of the joint powers agreement. He stated that the aqreement has been reviewed by the City Attorney. MOTION by Councilman Billings to adopt Resolution No. 33-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 34-1991 AUTHORIZING THE NOMINATION OF MAYOR WILLIAM J. NEE FOR THE C. C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE: Mr. Burns, City Manager, stated that the League of Minnesota Cities sponsors the C. C. Ludwig Award for distinguished municipal service and this resolution nominates Mayor Nee for this honor. MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS: There were no informal status reports. 19. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 36606 through 36919. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the licenses for Rock and Roil Unlimited North. Seconded by Councilman Billings. Upon a voice vote,_all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 16 20A. LICENSES FOR ROCK AND ROLL UNLIMITED NORTH: Mr. Hill, Public Safety Director, stated that Rock and Roll Unlimited North has applied for cigarette, billiards, and entertainment licenses at 7954 University Avenue. He stated that the owner proposes to feature heavy metal music at this location. He stated that as a result of his department's investigation, concern has been expressed over the manageability within the confines of the City's ordinance. He stated that there is a similar business known as Stacy's in Coon Rapids on which these concerns are based. Mr. Hill stated that several months ago Edwin Bedsted had contacted the City wanting to know the process for opening a business in the City. He explained that at this time they would be featuring heavy metal music and sound levels would exceed 125 decibels. Mr. Hill stated that this is in excess of the limits of the ordinance, and Mr. Bedsted was advised accordingly. He stated that a check w�s conducted on police calls to Stacy's which showed numerous ca�is within a six to seven month period including such complaints as liquor violations, loud music, and theft. .;;� Mr. Hill stated that an application was received for the lic�es but it was from Timothy Wangen and not Edwin Bedsted. He st�'�Sd •. that a business plan was submitted regarding their type of business and the clientele they hoped to attract. Mr. Hill indicated �,hat they would have security and not allow smoking by minors or permit fighting or rowdy behavior. He stated that in discussions with Mr. Wangen, however, he indicated they would be selling tobacco. He stated Mr. Wangen indicated that he was the Manager of Stacy's at the time of its operation, and Mr. Bedsted was assisting him in establishing his own operation in Fridley. Mr. Hill stated Mr. Wangen did not believe that Rock and Roll Unlimited North would come anywhere near exceeding the 125 decibels and probably would not exceed 65 decibels. He stated that Mr. Wangen also intends to provide video machines at Rock and Roll. Mr. Hill stated that there is also concern about some criminal history with those involved in this establishment. He stated that if the licenses are approved he would recommend they be approved for a six month period only, and the Police Department would monitor the establishment. He stated that at this time there is nothing in the criminal history background that would directly relate to this license application. Councilwoman Jorgenson asked if this was more or less a teenage night spot. Mr. Hill stated that he believed the ages were 17 and up. FRiDLEY CITY COIINCIL MEETING OF MARCH 25. 1991 PAGE 17 Councilwoman Jorqenson asked how the operator would prohibit the sale of cigarettes if a person is under age. Mr. Wangen stated that they would be checking identification, and they would not use a vending machine but sell over the counter. Mr. Herrick, City Attorney, stated it is his opinion that if the licenses are only issued for six months that the balance of the fee should be refunded. He stated that normally the licenses are issued for a one year period. MOTION by Councilman Billings to issue a cigarette, billiards, and entertainment license to Rock and Roll Unlimited North for a period of six months commencinq immediately and runninq for six months from today's date. Further, the fees should be one-half of the appropriate annual fee, and any balance that has been paid should be refunded immediately to the licensee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of January, 1991. ..$8,250.00 Services Rendered as City Prosecuting Attorney for the Month of February, 1991 ..$8,691.33 HNTB 6700 France Avenue South Minneapolis, 1�T 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 470.54 Mark Traut Wells 151 72nd Avenue St. Cloud, MN 56301 Repair and Maintenance of Well No. 1, Project No. 215 Estimate No. 1 . . . . . . . . . . . . . . . $1, 500. 00 FRIDL$Y CITY COIINCIL MEETING OF MARCH 25, 1991 PAGE 18 Repair and Maintenance of Well No. 4, Project No. 215 Estimate No. 1 . . . . . . . . . . . . . . . $1, 500. 00 5econded by Councilman Schneider. iipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 25, 1991 adjourned at 9:15 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � I , Form 3 — Clerlc's Posted Notice , , ., ., i , _ . _. : _, _- ., � � __ , ,- ., , , .. = ., � , , , __ ., ., ., � ., � � ., .r ., , � , ;Mpis._ J- Poucher J .` �` ` ` \ � � ASSESSMENT NOTICE � � , � , � , � , � , � , � NOTICE !S HEREBY GlVEN, That the Board of Review—*Eqaalization of the C i tY � 4 of Fri dl ev in _ Anoka County, ; ` Minnesota, will meet at the Office of the Cierlc in said Ci ty of Fri dl ey , � � at �� 30 o'clock P• M., on Monda_Y the 8th dayof Apri 1 ,1g 91 ` � � for the purpose of reviewing and correcting the assessme�t of said _ C i ty o f F r i d 1 e V � t , � for the year 1991 _ All persons considering themselves aggrieved by said assessment, or who wish to complain � � that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause of � having such assessment corrected. ; No complaint that another pe�son is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this 16th dayof _ March , 1g�1 �(• � ey A. Ja�� a Clerkofthe �itY of Fridley 'Applies only in Cities whose charters provide for a Board of EqualizaGon. � 1 CITY OF FRIDLEY OFFICIAL PUBLICATION ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Board of Review of the City of Fridley in Anoka County, Minnesota, will meet at the Fridley Municipal Center, 6431 University Avenue Northeast, in said City on Monday the 8th of April, 1991 at 7:30 P.M., for the purpose of reviewing and correcting the assessments of said City of Fridley for the year of 1991. All persons considering themselves aggrieved by said assessment or who wish to complain that the property of another is assessed too low are hereby notified to appear at the said meeting and show cause for having such assessments corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this 16th day of February, 1991. Shiriey A. Haapala City Clerk Published: March 27 and April 3, 1991 1A � _ � -- J DATE: TO: FROM: SUBJECT: Community Development Department PI,ANNING DIVISION City of Fridley April 4, 1991 William Burns, City Manager ,�.�•� � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Plat Request, P.S. #91-01, by Milestone Hotel Investments The City Council at the March 25, 1991 meeting established the public hearing for Monday's meeting. The resolution approving the plat will be scheduled for a future agenda, after the petitioner has the plat reviewed by Anoka County. The lot split and variance requests have been scheduled later in the City Council agenda. BD/dn M-91-249 � � � STAFF REPORT APPEALS DATE ��F PLANNING COMMISSION DATE : March 13, 1991 fRlDL�.Y CiIY COUNCIL DATE: March 25, 1991 qUTH� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1TE DA�'A SIZE DEN�ITY PRESENT ZONING ADJACENT LAND USES & ZONING �$ PARK DEOICATtON ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIL(TY WITH ADJACENT USES & ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATiON PLANNING COMMISSION RECOMMENDATION P.S. 4691-01 Milestone Hotel Investments, Inc. To replat LoGs 1-5, Auditor`s Subdivision No. 153 into two lots 5201-5275 Central Avenue N.E. 11.8 acres � C-3, General Shopping Cent�r District C-1, Local Business to the South; R-1, Single Family Dwelling to the East; C-3, General Shopping to the North Yes Yes Approval with stipulations Approval with stipulations ' � � / CORNER � .. ,.. � w�w �Zw,r�r r`7 � � . N f_ - _ - - s�:s � �Sq� 23 NO 4 P.S. 4�91-01 Milestone Hotel N �/2 C/TY C/ TY 2� ,� w� � SEC OF , .� Of CG C, N /. w-�r' •/ , 'en � j � ;Y � ,�Y' ♦ � �)ii _� 8 r _t 'NQ � hy �� N 1� lyr T�R :� l :;w-- � 24 ;' 2B�� LOCATtON MAP _ Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 2 Request The petitioner is proposing to plat Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201-5275 Central Avenue N.E., commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A lot split request is also being processed so that the closing can be completed by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as in the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis In 1983, the City approved industrial revenue bonds to finance the original mall and hotel redevelopment. As a condition of approval, several stipulations were placed on the property regarding general site improvements including landscaping, curbing, signage, etc. In 1985, a sign variance was granted which included the previous stipulations from Z983 and additional stipulations specifically regarding the signage. Between 1985 and the present, the property went into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding general site improvements first assigned to the property in 1983. The two lots will meet the minimum lot area and lot width requirements, and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements wiil be that the mall and the motel do not meet the parking requirements outlined in the C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirements by 11 spaces; however, the mall and office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When 2D Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 3 the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common easements between the mall and the hotel. 3. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the plat. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map). Staff is recommending that the easement be first recorded against the lot split request, and then integrated as an official item on the plat itseif. Recommendation Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #91-01, with the following stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. 2E � Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 4 2. All easements and agreements recorded in conjunction with lot split request, L.S. #91-02, shall be recorded on the final plat. _ Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request as proposed to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. �� J d r � a _ J W K a i � � � O Q O � i' N %/ ' � �/i,!u1.41C1UVl b I 41 17 1,„I � 1 LI. —.'. 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' —: - � --- = _ r ' w . : � - �/�- � — — _ � � �� 1 X S � ��,� , _ W � fU ..____�_._2_f! _ _ n,` ' _`_____�--_��__ ___ � . .u. � � .. .:r �. ..n m - •� a . ..0 r•�.i . ..n A ('3At1 �17a1N3� ) 59 'ON Jl'dMH91H NN(12i1,�31t11S�,��.�,,�,....,:. RELIMINARY PLAT � . � � lJ� ci�iffi�i 6431 i�TtVERSITY AVII�IQE N.E. FRIDrIEY� AII+T 55432 (612) 571-3450 �� ui �� c = •� u�� :.� . K��i ' 1 . r.... �...... � _ � _.......... �. �......,,, �.... ............... �.. ... �.. ....... �. �, �. w. �.. _.,.. w... �...... �. .,.... _., � � PLAT AP'PLIC�lTIOtd F10�RM ...,,.,.�..�.,....w............._.......».._.�..�.. » _.,..................�� PR�PER'I'Y ��i - site plan required for submittals; see attac� ��5; 5201-5275 Central Ave., Fridley, MN 55421 I�ega1 descriptip�; See attached Lat See attached glock Trdct/Addit�o� Auditors subdivision 153 CUrrent zon7l�g: C-3 Square footage/acreage 11.8 acres Reason for plat: _ To separate ownership of Skywood Inn Hotel from Skywood Mall and Skywood Office Buildin� F'EE O�R IIa�U�RMAZ*I�J (Cbntract P��asers: Fee Owners must sign this form prior to prooessir�g) Marquette Bank Minneapolis National Association as Trustee � under Tndent r of Trust dated December 1 19$3 �� 6th & Mar4uette, Minneapolis, MN 55480 OAYTIME PHONE 341-5804 sZC��LTRE��•---�r- ,�� - F' _ p 1/eC-� r�rzss, ��-.,JT' nATE �-/6 l-ri I P�TITIO�It II�O1�TI�d N1�1"IE _ w1;1 PGrone Hotel Investments Inc � 681 .. T. ke_�t_, . 4�246 - r. r• � �; OAYTIME PHONE 612/476-8516 O I]AZ'E Fee: $500. OOyfor 20 lats~ � ________._.....____._..._..__.w._._.,w.._..._....._____.,�__________ $ 15.00 for each additional lat �xmit p. s . # cl l - O / �teoepit # _ � � J a 4 Application reoeived by: � �3� / �� / sc-�hedulea P1 �ission aate: _ Sc�ieduled City �il date: �......_��.,.....,......_..�_............�...�_.r.,.......�...._.......,..r......�.............��.,..._.....,...,..,.�..,.�..._�..��.._�.._�...._..� 2H Notice is hereby given Fridley City Council University Avenue N.E. the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a Public Hearing of the at the Fridley Municipal Center, 6431 on Monday, April 8, 1991 at 7:30 p.m. for Consideration of a Preliminary Plat, P.S. #91-01, by Milestone Hotel Investments, Inc., to replat Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot l, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the sauth 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: March 27, 1991 April 3, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. �� P.S. ��91-01 MAILING LIST VAR �� 9 1-04 L.S. 4�91-02 Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. 681 E. Lake Street, 4�246 . Wayzata, MN 55391 Planning Council Marquette Bank Minneapolis Carl Heggestad 6th and Marquette 1258 Skywood Lane N.E. Minneapolis, MN 55480 Fridley, MN 55421 City of Columbia Heights Mary Matthews Planning Department 1259 Skywood Lane N.E. 590 - 40th Avenue N.E. Fridley, MN 55421 Columbia AeighLs, MN 55421 Embers Restaurant 5400 Central Avenue N.E. Fridley, MN 5542� Chet Herringer 4121 Stinson Boulevard Columbia Heights, MN 55421 Total Minnesota, Inc. 5300 Central Avenue N.E. Fridley, MN 55421 Total Minnesota, Inc. 999 - 18th Street Suite 2201 Denver, CO $0202 Menards Inc. 5351 Central Avenue N.E. Fridley, MN 55421 Menard Inc. Route 2 Eau Claire, WI 54701 Commerce Park Investments 3989 Central Avenue Columbia Heights, MN 55421 Roland Lang 1278 Skywood Lane N.E. Fridley, MN 55421 Yun Lee 1268 Skywood Lane N.E. Fridley, MN 55421 Ground Round 5277 Central Avenue N.E. Fridley, MN 5542� Howard Jo nson Co. Box 38„/�, . Wahkon, MN 56386 Skywood Inn 5201 Central Avenue N.E. Fridley, MN 55421 Skywood Mall 5251 Central Avenue N.E. Fridley, MN 55/+2:� Lee Wards 5289 Central Avenue N.E. Fridley, MN 55421 Current Tenant;/1�� 5267 Central Avenue N.E. Fridley, MN 55421 Adventures in Video 5211 Central Avenue N.E. Fridley, MN 5542;! Twin City Federal 5205 Central Avenue N.E. Fridley, MN 55421 Twin City Federal 801 Marquette Avenue Minneapolis, MN 55402 2J 2/22/91 3/22/91 Robert Hall Clothes (�� 10�5 Central Park Avenue Scarsdale, NY 10583 Great American Music 5151 Central Avenue N.E. Fridley, MN 55421 Irwin Kallman 115 E. 57th St., �1240 New York, NY 10022 Marck Investment Co.,�� 7601 Wayzata Boulevard, 4�206 Minneapolis, MN 55426 Current Resident 1090 - 52nd Avenue N.E. Fridley, MN 55421: Current Resident 1120 - 52nd Avenue N.E. Fridley, MN 55421 Current Resident 1170 - 52nd Avenue N.E. Fridley, MN 55421 Lyle MandelJl,1�°�' 6950 Wayzata Boulevard �206 Golden Valley, MN 55426 Current Resident 215 - 53rd Avenue N.E. Fridley, MN 55421 Thomas Skovran 5298 Fillmore Street N.E. Fridley, MN 55421 Ronald Parizek 5258 Fillmore Street N.E. Fridley, MN 554z^l. Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 Mailing List P.S. �191-01 VAR If 9 1-04 L.S. 4t91-02 Page 2 Peter Molinaro 5234 Fillmore Street N.E. Fridley, MN 55421 Raymond Forss 5222 Fillmore Street N.E. Fridley, MN 55421 Dean Bliss 5212 Fillmore Street N.E. Fridley, MN 55421 Joseph McHugo 5200 Fillmore Street N.E. Fridley, MN 55421 Gary Townsley 1301 - 52nd Avenue N.E. Fridley, MN 55421 Michael Jaroslawski 5201 Taylor Street N.E. Fridley, MN 55421 Francis Job 5209 Taylor Street N.E. Fridley, MN 55421 Terri Wallace 5217 Taylor Street N.E. Fridley, MN 55421 Edward Kowal 5235 Taylor Street N.E. Fridley, MN 55421 Daniel Dolezal 5251 Taylor Street N.E. Fridley, MN 55421 Marvin Schenk 524b Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 Donald Delich 5284 Taylor Street N.E. Fridley, MN 55432 William Kuether 5268 Taylor Street N.E. Fridley, MN 55432 William Job 5250 Taylor Street N.E. Fridley, I�T 55432 Timothy McCauley 5234 Taylor Street 13.E. Fridley, MN 55432 Aaron Engebretson 5216 Taylor Street N.E. Fridley, MN 55432 Steven Kantorowicz 5200 Taylor Street N.E. Fridley, MN 55432 Gerald Sorenson 1280 - 52nd Avenue N.E. Fridley, MN 55432 James Vant 1260 - 52nd Avenue N.E. Fridley, MN 55432 William Leavey 1240 - 52nd Avenue N.E. Fridley, MN 55432 City Council members Planning Comm. Chair 2K LEGAL DESCRIPTION SKYWOOD MALL & HOTEL I l:obcrt L. Peters, a Registered Land Surveyor in and for the StaCe of Minnesota, do hereby certify to F& M Marquette National Bank as "Trustee under an Indenture of Trust dated December 1, 1983; Liberty Title Company; and Chicago Title Insurance Company that this is a true and correct plat of survey of: Lots 1, 2, 3, 4& 5, Auditor's Subdivision Numbcr 153, City of Fridlcy, Anoka County, Minnesota, subject to an easement for public utilities to the City of I'ridley over the east 50 feet of Lots 1, 2, 3, 4 b 5 of AudiCOr's Subdivision Number 153; also subjecC Lo an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purpos�s, except the following described parcels. Commencin� at a point on the easC line of the west SO feet of said LoC 3 distant 47.17 fee� South from the north line of said Lot 3; thence North and parallel with the west Iine of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 fcet East of the souChwesC corner of said Lot 2; thence northeasterly in a straight line to a point on �he south line of Che northi30 feet of said Lot 1, distant 25 feet �ast from its intersection wit� the east line of the west SO feet of said Lot 1; thence �ast alon� the south line of the north 30 feet of said Lo� l, a distance of 163.67 feet; thence SouLh and parallel wiCh the west line of said Lots 1, �& 3, a distance of 248.17 feet; Chence West and parallel with the north line of said Lot 3, a distance of 18$.67 feet to thc poinr of commencemenC. tiiso except the west 275 feet of Lot 5, except �he nor�h 3G.67 fcet thereof, Auditor's Subdivision No. 153, Anok� County, Minneso�a, subject to the ri�;hLs of the public in highway on zhe west 50 fcet and the south 25 feet of said premises, and together with an easement for walkway and ro�d purposes over the east SO fcet of the west 325 fcet of Lot 5 except the north 36.67 feet thereof. correctly shows the location of all buildings on said described property; recorded easements per Chicago Title Insurance Company Commitment No. L17673-C dated January 31, 1990, and all applicable building setback lines; that there are no visible encroachments onto adjoining properties, streets or alleys by any of said buildings; that there are no visible right-of-ways or easements on said property, except as shown on said survey; and zhat there are no party walls or visible encroachments on said described property by buildings, structures or other improvements situated on adjoinin� property. As surveyed by me this 2G� f"' day of ,��%arr' �7 , 19 9�� . PETERS, PRICE & SAMSUN LAND SURVEYURS, LTD. -'� � � .�- � • Ro ert L. Peters, Lan urveyor Minnesota License No. I4890 2L � I � J�; Quit Claim Deed `' I � Corporation(s) to Corporation(s) No delinquent taxes �.nd transfer entered; Certificate ot Real Estate Value () filed ( ) not required Certilicate o! Real Batat� Value Ho. , 19 ' County Aud tor by Deputy STATE DEED T]17C DUE iiEREON: $ None Date , 19 FOR VALLJABLE CONSIDERATION, IiaraLette B3nk Minneapolis Nat;ona� Association *, Grantor, a Nationa� Bankinq Assoc+at;on under the laws of Minnesota, hereby conveys and quitclaims to Cftv of Fridlev, Grantee, a Municipal corporation under the laws of Minnesota, real property in �� County, Iiiru�esota, described as follows: See Exhibit 11 attached hereto and made a part hereol. * As trustee under indenture of trust dated as of December 1, 1983, between City of Fridley, Minnesota, and F i!I Marquette National Bank (now known as liarquette Bank liinneapolis, National Association). The City o! Fridley t�ereby accepts this easement for s�rainage and utilitv purposes. Shirley l�. Haapala - City Clerk Toqether vith all hereditaments and appurtenances belanqinq thereto, subject to the following exceptions: Yi • • �� 7 : � Y �. .� • y y • • STATE OF IiINNESOTA ) )ss County of ) The foreqoing instrument was acknowledge before me this day of , 19 , by . �e of �g�}ette Bank ttinneapoli$,, Nationa� A�enriwtinn� a National Bankinq Association under the laws o! Minnesota, on behalf ot' the Association. Tax Statements for the real property described in this instrument should be sent to: THIS II�ISTR(JlSENT WAS DRAFTED BY: City oi Fridley 6d31 University ave., N.E. Fridley, 1�I 55432 � �'I_l_�_' i i � 0 �IBIT � To Quit Claia Deed dated , 1991 30 Foot Drainaqe and Utility Easement from Marquette 8aNcliinneapolis, National Asaxiation, aa Grantor, to City of Fridley, as Grantee. 1� 30 foot drainaqe and utility aasement described as that part of Lots 1, 2, 3, 4 and 5, l�uditor's Subdivision No. 153 lyinq 15 feet on either aide o! the tollowinq described line. Beqinninq on the North line of safd Lot 1 a distance of 85 feet lrom the Northeast corner of said Lot l; thence South 13.34 feet alonq a line paral2e2 with, and 85 feet West ot, the East line of aaid Lot 1; thence deflect to the riqht �5 deqrees, 00 ainntes a distance oi 53.6 feet; thence deflect to the left, in a=outherly direction, 45 deqrees, 00 minutes a distance ot 255.5 leat; thsnce deflect to the left 45 deqrees, 00 minutes a distance of 18.3 feet; thence deflect to the riqht, in a southerly direction, 45 degrees, 00 mfr�utes a distance of 317.5 feet; thence detlect to the right 67 deqrees, 30 minutes alonq a line to the South line of said Lot 5, 1luditor's Subdivision No. 153 and there terminatinq. Subject to all rights and easements of record. � 2N (11) The maximum number of occupants of e aacessory apartment shall not exceed two a ts, and no more than three occupants. (12) Any accessory apartment w' in a one family dwelling that is in existence the time of the adoption of this ordinance sha be deemed nonconforming if it is not in comp ' nce with the standards outlined above. The cessory apartment shall be brought into confo ance or the dwelling returned to a one family elling within three years of the date of the a ption of the ordinance. IIPON A V 8 VOTE, ALL VOTING AYE, CHAIRPERSON BBTZOLD DECLARE HE MOTION CARRIED IINANIMOIISLY. Ms. acy stated a public hearing will be held at the City C ncil on April 8, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P S �91-01, BY MILESTONE HOTEL INVESTMENTS INC TO REPLAT PART OF_LOTS 1, 2, 3, 4, AND 5, AUDITOR'S SUBDIVISION NO 153 TO BE DESCRIBED AS LOTS 1 AND 2, BLOCK 1 SKYWOOD MALL ADDITIDNL GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is zoned C-3, General Shopping Center District, with additional C-3 zaning to the north; C-1, Local Business zoning, to the south; and R-1, Single Family Dwelling zoning, to the east. Ms. McPherson stated this proposal is to create a lot line which will split the parcel into two pieces, allowing the hotel to be sold independently of the retail portion of the mall. The lot line is proposed to follow along the fire wall which separates the two buildings. The line has been drawn such that it follows the face of the old building (retail mall). Ms. McPherson stated that in 1983, the City sold industrial revenue bonds to finance the remodeling of the mall and the construction of the hotel. As a condition of that sale, several stipulations regarding general site improvements including landscaping, curbing, paving, etc., were added as part of the approval. In 1985, a sign variance was granted zo PLANNING COMMISSION MEETING, 2SARCH 13. 1991 PAG$ 10 which included additional stipulations and also the original stipulations from the 1983 approval. Between 1985 and today, the property went into receivership and is currently under the power of a trustee. Through the process of the receivership, the outstanding general site improvements have been completed. Ms. McPherson stated that as far as the plat request, the lots meet the minimum lot area and lot width requirements and setback requirements, with the exception of the zero lot line which will be created if the plat and lot split are approved. On March 12, 1991, the Appeals Commission recommended to the City Council approval of the variance to reduce the setback from 15 feet to 0 feet. It should be noted that the property is currently underparked according to code; however, the City was cognizant of this fact when it first approved the bond sale to finance the original project. The new lot line has been drawn such that the hotel portion of the property will be close to compliance by the code; however, the retail and office portions are not in compliance. Ms. McPherson stated there are three additional issues regarding the plat request: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common easements between the mall and the hotel. 3. The City�s liability in allowing the lot line to occur along the fire wall of the two buildings. Ms. McPherson stated the first two issues have been addressed by the petitioner and the trustee in their negotiations for sale. Agreements have been drawn up and reviewed by the City Attorney. Ms. McPherson stated the third issue is raised by the Uniform Building Code which requires that 60 feet of clear area occur between two buildings. As the City is allowing a zero lot line to occur between these two buildings, the City is knowingly waiving the building code requirement. The City is asking the petitioner to record an agreement which waives the City's liability in allowing this to occur. This situation is not unusual and does occur in other cities. Ms. McPherson stated there is a proposed water main project in this area which will run a new water line along the rear of the Menards and mall property. The City is asking the petitioner to dedicate a 30 foot easement along the rear of the property which would allow the City to construct and 2P PLANNING COMMISSION MEETING. MARCH 13, 1991 PAGE 11 maintain this water main. The water main will improve the water service in the area. Ms. McPherson stated staff is recommending the Planning Commission recoiumend approval of the plat request with two stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. 2. All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. Mr. Tim Ring stated he is the in-house counsel for Marquette Bank Minneapolis. Marquette Bank Minneapolis is the trustee under a bond indenture and represents the bondholders who have essentially financed the project. As trustee, they have been unsuccessful in trying to sell this mail and hotel in the last 18 months, the common objection being that the would-be buyers are either hotel investors or mall investors but not both. Thus, it is necessary to split the land and sell each respective parcel of real estate. He stated the stipulations are acceptable to Marquette Bank Minneapolis as trustee. Ms. Judy Engebretson, 5216 Lincoln Street N.E., stated her property adjoins the hotel property in the rear. She asked if any consideration would be given to improving the holding pond area, because it creates an overflow onto the street which freezes on the street during cold weather and causes very slippery conditions. Ms. McPherson stated the grades of the property will not be changed: however, it is an issue that the Engineering Department can look at, because the Engineering Department approved the original changes to the grades and the retention pond. Ms. Engebretson stated it is her understanding that with the lot split, there cannot be any more expansion to the building. There is not enough parking now for what is existing. Ms. McPherson stated that is correct. If any expansion is ever proposed, parking ramps would have to be constructed in order to meet the parking requirements. Ms. Engebretson asked if the original stipulations as far as maintenance, grass cutting, etc., would still be maintained. Ms. Dacy stated Ms. Engebretson is referring to the concerns of the neighborhood in 1984 regarding the addition of the hotel that the rear of the property be properly maintained. 2Q PLANNING COMMI88ION MS$TING. MARCH 13, 1991 PAQE 12 3. The staff report did not refer specifically to that stipulation; however, the original approval still holds. Mr. BetzoZd stated it is his understanding that any stipulations put on the project at the time of the approval should be maintained; however, Ms. Engebretson raised a very good point and it is a concern that should be brought to the attention of the City Council so that there are no gaps in the maintenance. MOTION by Ms. Sherek, seconded by Ms. Savaqe, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:30 P.M. OTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of Preliminary Plat, P.S. #91-02, by Milestone Hotel Investments, Inc., to repZat part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be described as Lots 1 and 2, Block l, Skywood Mall Addition, qenerally located at 5201 - 5275 Central Avenue N.E., with the following stipulations: 1. A 30 foot easement shall be dedicated for the water 2ine improvement on the plat. 2. All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRISD IINANIMOIISLY. 0 CENTRAL AVENUE N.E. Ms. McPherson stated staff is r ommending the Planning Commission recommend approval the lot split request with the following stipulations: l. A 30 foot ement shall be dedicated to the City for the ter line improvements and recorded when the spZit is recorded. 2. /�ommon party wall and shared easement agreements / shall be recorded when the lot split is recorded. 2R *�.•'-'�� %/" "� E ��. ��. � r POLICE DEPARTMENT City of Fridley Minnesota �DATE APRIL 1,1991 , FROM PUBLIC SAFETY D � SUBJECT THERAPEUTIC MASSAGE SAUNA AND MASSAGE PARLOR ORDINANCE AMENDMENT MEMORANDUM TO , �r� ` IACTION� INFO Enclosed is an ordinance for second reading recodifying the Fridley City Code, Chapter 125, entitled "Saunas and Massage Parlors", by amending section 125.02.06, by adding new section 125.03 "Exceptions," and by renumbering the remaining sections consecutively. The primary objective of the proposed amendments is to provide reasonable access to qualified and insured massage therapist to practice in the City of Fridley. JPH/sa 3 ••� � r� w • •`� � •�1 ��►�``'N '�a�� ■ � ' Y I' ' �� i+� ' �� . i+`�,`: ��7 yl yl� h � 1� I• • ly. • •'�. � lyl 1� � '1� �1 1 1 . � � � � ' I ^ :1� �l � y► M ' •) �.. • I� ' �i 11 1: �i' � � .1 • 6i I• � 1/ � � � •1 �. 125.02. DEFIlIITIONS 6. Massage Parlor. Any premises at or in which massage is performed for a fee or other consideration paid either directly or indirectly. 125.03. F�xceptions. A license is not required urider this chapter as follaws: 1. The practice of inedicine, surgexy, osteopathY, chiropractic, Iahl'sical therapy, or podiatry and persons duly licensed in this State to practice said services. 2. Hospitals, sanatorituns, rest hames, nursing hcanes or oth�er appraved in�titutions establi.shed for the hospitalization or care of h�nan beirigs whirh are duly licen.sed under the provisions of Minnesota Statutes, Chapter 144. 3. Bona fide health/sport establishments which allau per�.�ons of all ages on the premises and meet the follawing criteria: A. The primary purpose of the establishment is health and fitness; massage or sauna service is subsidiary. B. No more than twenty (20) pexcent of the establishment revenue is derived frarn massage or sauna. C. Sauna or massage facilities shall not occupy more than 10% of the establishment. 4. Athletic directors and trainers who perform massages in the course of any athletic program or event which is sponsored by a local unit of goverrnnent or bona fide educational institution ccmiplying with State or local rPgulations. 5. Beauty culturist and barbers licensed in this State to provide said services, who do not give, or hold themselves out to give, massage treatments, as defined in this chaptex, other than those custamarily given in such shops or place of business in conjunction with their lic�exLSed seYVices. 6. Hotels, motels, and apartment buildirigs which allaw persons of all ages on the premises, in which saunas or massage are pravided incidental to the rental of roo�ns, and the use of which is limited to terkvzts of the respec.�tive facilities. A teriant is defined as a person using a hotel, motel or apart�ne.nt buildirig as overnight lodging. 3A Page 2 -- Ord�nance No. 7. Nor�profit oorporation or association provided that such oorporation or association is duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes, which meet the follawing criteri.a; A. P�sons of all ages are allawed on the premises. B. Duly organized for at least two (2) years. C. Sh�all have at least twenty-five (25) members for the last year and maintain at least twenty-five (25j members. D. Has an ongoing membership which list is available to City officials for inspection at any reasflnable time. 8. Bona fide massage therapist who can demonstrate to the City the follcxairig criteria. A. A minim�nn of 150 (one hundred-fifty) hours of certified therapeutic massage training fro�nn a massage thexapy school aooepted by a bona fide state or national therapeutic massage organization of which the massage therapist is a member in good standirig. B. A current membership, in good standirig, in a bona fide national or State therapeutic massage organizatian with a written and enforceable oode of ethics, and appraved by the City. C. Insur.ance cx�verage of one million ($1,000,000) dollars for personal liability in the practice of therapeutic massage. PASSID AND ADOPrED BY Zi-� CI'I'Y OOUNCIL OF � CI'I'Y OF FRIDI�Y THIS IaAY OF . 2991. ATl.�"I': y.1�; �► . G : 't NYY N �1: . First Read�.r�g: March 25, 1991 Second Reading: Publish: � WILISAM J. NEE - MAYOR / � Community Development Department C� PLANNING DIVISION City of Fridley DATE: April 4, 1991 �. �1, • �' TO: William Burns, City Manager �• FROM: Barbara Dacy, Community Development Director SUBJECT: First Western Development Variance Request After the March 25, 1991 City Council meeting, I drafted the attached letter to Mike Spriggs at First Western Development. At the time of preparing this memo, Spriggs had not forwarded to me the written request for a tabling. Hopefully, we should have his letter by Monday evening or sooner. Upon receipt of the letter, staff recommends that the City Council table consideration of the variance request indefinitely. BD/dn M-91-251 � _ CIiYOF FRI DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 March 28, 1991 Mike Spriggs First Western Development 4600 S. Ulster Street, #580 Denver, Colorado 80237 Dear Mike: At the City Council meeting on Monday, March 25, 1991, the City Council requested that you write a letter requesting the indefinite tabling of the variance request. The City Council would prefer a written request from you rather than communicating to me by phone. Also, because of the delay in considering the variances, the City Council also wishes to know if First Western Development and Target are still interested in pursuing this site. Please forward to me a letter requesting an indefinite tabling of the variance and please address the issue regarding your intent to pursue development of this parcel. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-91-87 cc: Dick Brooks, Target i � r� � __ J DATE: TO: FROM: SUBJECT: Community Development Department P��NG D�SION City of Fridley April 4, 1991 William Burns Cit Mana er �� • � Y g � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Lot Split, L.S. #91-02, by Milestone Hotel Investments At the March 25, 1991 Gity Council meeting, the City Council tabled action on the lot split request. The Planning Commission recommended approval of the request with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. � 2. 3. 4. 5. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. A hold harmless agreement relieving the City of any liability for waiving the Uniform Building Code requirements shall be recorded against the lot split. Variance request, VAR #91-04, shall be approved. Plat request, P.S. #91-01, shall be completed by May 6, 1991. Councilman Billings discussed with the petitioner his reluctance to recommend approval if more signage is going to be added to the property. Therefore, we have drafted a potential stipulation for the City Council review to add to the lot split approval: 6. No additional free standing signage may be added to the site beyond the amount of signage that was originally approved in the 1985 variance request. Wall signs may be permitted if in compliance with the sign ordinance. Staff recommends that the City Council approve the lot split request with the recommended stipulations from the Planning Commission and the additional stipulation regarding signage. BD/dn M-91-248 RESOLUTION NO. - 1991 RESOLUTYON APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-02, TO SPLIT LOTS 1-5, AUDITOR'S SUBDIVI5ION NO. 153 INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY Lt?CATED AT 5201 - 5275 CENTRAL AVENUE N.E. WHEREAS, the City Council approved a lot split at the , 1991 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet; thence South 89 degrees 33 minutes 3? seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence 5outh 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 5A Resolution No. - 1991 Page 2 00 degrees 32 minutes O1 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 245.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East From its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots l, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.2& feet; thence North 00 degrees 32 minutes O1 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence souther2y, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275.00 feet o� Lot 5 lying South of the north 36.67 feet thereof. Generally located at 5201 - 5275 Central Avenue N.E. WHEREAS, the City has received the required Gertificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels. � Resolution No. - 1991 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 5C EXHIBIT A Resolution No. - 1991 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party waZl and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. 5D � � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : March 13, 1991 FIZIDLEY CIIY COt�VCIL DATE : March 25, 1991 AUTHOR �/dn REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION S�TE DATA SIZf DENSlTY PRESENT ZONiNG ADJACEIVT LAND USES & zorviwG U�TIE$ PARK DEDtCAT{ON A�IALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONqVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDAT{ON PLANNING COMMISSION RECOMMENDATION L.S. 4�91-02 Milestone Hotel Investments To spTit Lots 1-S, Auditor's Subdivision No. l53 into two lots 5201-5275 Central Avenue N.E. 11.8 acres C-3, General Shopping Center District C-1, Loca1 Business to the South; R-1, Single Family Dwelling to the East; C-3, General Shopping to the North Yes Yes Approval with stipulations Approval with stipulations � J �� ER ' • M M I ,� y '� cs,t,i 23 �4 5F L.S. ��9I-02 Milestone Hotel N �/2 C/TY C/TY 2� � •�.� 24 SEC C� . .� Of CG C, Nb M.. . � �� C�. s,� '� � i• ri� y ,. � �� • i ��9 �� %p �.'JL- y � 4w' I Ir� J LOCATlON MAP � Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 2 Reauest The petitioner is proposing to split Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201- 5275 Central Avenue N.E., commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A plat is also being processed which will simplify the legal descriptions. Processing the lot split will allow the petitioner to close on the property by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as do the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and a retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis In 1983, the City approved industrial revenue bonds to finance the original mall and hotel redevelopment. As a condition of approval, several stipulations were placed on the property regarding general site improvements including landscaping, curbing, signage, etc. In 1985, a sign variance was granted which included the previous stipulations from 1983 and additional stipulations specifically regarding the signage. Between 1985 and the present, the property has gone into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding site improvements first assigned to the property in 1983. The two lots will meet the minimum lot area and width requirements, and all setback requirements and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements will be that the mall and the motel do not meet the parking requirements outlined in C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirement by 11 spaces; however, the mall and 5H Staff Report L.S. #91-02 Milestone Hotel Page 3 Investments, Inc. office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The trustee has recently expanded the existing parking in the area between TCF and the Ground Round (one of the outstanding stipulations). The site is now maximized for parking. Despite the site being under-parked, actual use of the property has found that the existing and new parking lots are adequate. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common parking easements between the mall and the hotel. 3. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the lot split. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map). Staff is recommending that the easement be recorded as a separate document when recording the lot split request, and then dedicated on the plat itself. 51 Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 4 Recommendation Staff recommends that the Planning Commission recommend approval of the lot split request, L.S. #91-02, with the following stipulations: l. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement relieving the City of any liability for waiving the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request as proposed to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 5J S ti i � X:: �i .:e �� i: :3 . :. e +j k s`: � . W i � � � LL O W ' a U � W U _ L.S. #91-02 Milestone Hotel �= K:Y' •.. :• 1' 7 ';: • F:::..... .��::" i:i.. ' I i .ii..i-i: •r 3-�.. • , _ y � �ea^-:i�=x;:� !!�i::?:i2: a l�a:iiie=?'3fai �?i::"s s � g .::;'- - ��s. ::• :�ig�i y ==:=ii2:i=�.ss; ;?c �s . 1 E � l�Y�.. "_'ti =f9w.]iR..= g l�Y�3:3•8.?•:� :i(i . i�..:�--:•.i `i°•� i i Y R :eex.:;..Y?:� :t5.°::�:ci: ,. :i: x-. •:"t: °t : ��y;� • � � 5 ��^�Y?�?�;=i: ��ij::iie3: 4 � ^js ��!s:ii!s ii�e:��L i :. . ::i-_ :. "" �i{��i";�. . _ � � . I i °'si=";:::��i �a :,- i- .: °9Yi... 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FRIDLEY� I� 55432 Qotmumity Develc�pment Departaqent (612) 571-3450 IOT BPZIT AP'PT�IC�TI�T 1�I�'Ni PROPERTY IHIroRi�TI�i - site plan r�equired for sutxnittals; see attadled Address: 5201-5275 Central Ave., Fridlev, MN 55421 Isgal descr'i.ption: See attached IAt See attached B10Ck 'I'rc1C�/AC�dltlOri Aitdi tor s�bdivi G� on 1 S� Current zoni.ng: C-3 Square footage/aa.'�age 11.8 acres Reason for lot split: To separate ownership of Skywood Inn Hotel from Skywood Mall and Skywood Office Buildin� F'EE OWI�iER II�1�RI�II�TIOIJ (�ntract Purchasers: Fee Ownexs naast sign this forna prior to prooessing) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December 1 1983 �S 6th & Marguette. Minneanolis, MN 55480 OAYTIME PHONE 341-5804 L1A'I'E �'- � f 4 f PETl'rI0��12 II�Il�OFt'MATZ�1 PF1ME _ Milestone Hotel Investments, Inc. �►DI)RESS 681 E. Lake St. , #246 Wa zata MN 55391 Ik�1YTIME PfiONE 612 476-8516 SIC�,7URE , pATE Fee: $100.00 Pennit L. s. #� i- Ci � Rec�epit # � 9 I o l� Application z�eceived by: Scheduled Planning Coa�m►ission date: ��/�� 1�j r// [� Srheduled City �u�cil date: 5L � -C."y;a ,. 5�.'c',','!r �:�`y� .�.nn P �. -. ^ fi�'tt�: N 1�°tt'�H r��y , 'F` i= « '!��.�y�j. G� • , FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6(2) 571-3450 • FAX (612) 571-1287 February 22, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #91-02, by Milestone Hotel Investments, Inc., to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed 5M L.S. #91-02 Milestone Hotel Investments, Inc. Page 2 bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of I00.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes 01 seconds West, a distance of 9.37 feet; thence Sonth 89 degrees Z6 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes O1 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275.00 feet of Lot 5 lying South of the north 36.67 feet thereof. 5N L.S. #91-02 Milestone Hotel Investments, Inc. Page 3 Generally located at 5201 - 5275 Central Avenue N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 13, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E., at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION 50 e P.S. ��91-01 MAILING LIST VAR �� 9 1-04 L.S. ��91-02 Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. 681 E. Lake Street, ��246 Wayzata, MN 55391 Planning 2/22/91 Council Marquette Bank Minneapolis Carl Heggestad 6th and Marquette 1258 Skywood Lane N.E. Minneapolis, MN 55480 Fridley, MN 5542;1 City of Columbia Heights Mary Matthews Planning Department 1259 Skywood Lane N.E. 590 - 40th Avenue N.E. Fridley, MN 55421 Columbia:Heights, MN 55421 Embers Restaurant 5400 Central Avenue N.E. Fridley, MN 5542� Chet Herringer 4121 Stinson Boulevard Columbia Heights, MN 55421 Total Minnesota, Inc. 5300 Central Avenue N.E. Fxidley, MN 55421 Total Minnesota, Inc. 999 - I8th Street Suite 2201 Denver, CO 80202 Menards Inc. 5351 Central Avenue N.E. Fridley, MN 55421 Menard Inc. Route 2 Eau Claire, WI 54701 Commerce Park Investments 3989 Central Avenue Columbia Heights, MN 55421 Roland Lang 1278 Skywood Lane N.E. Fridley, MN 55421 Yun Lee 1268 Skywood Lane N.E. Fridley, MN 55421 Ground Round 5277 Central Avenue N.E. Fridley, MN 554�:1 Howard Johnso Co. Box 38 ;I,.� Wahkon, MN 56386 Skywood Inn 5201 Central Avenue N.E. Fridley, MN 55421 Skywood Mall 5251 Central Avenue N.E. Fridley, MN �54�;a Lee Wards 5289 Central Avenue N.E. Fridley, MN 55421 Current Tenant 5267 Central Avenue N.E. Fridley, MN 5542;1 Adventures in Video 5211 Central Avenue N.E. Fridley, MN 5542:1 Robert Hall Clothes 1075 Central Park Avenue Scarsdale, NY 10583 Great American Music 5151 Central Avenue N.E. Fridley, NIN 55421 Irwin Kallman 115 E. 57th St., 4F1240 New York, NY I0022 Marck Investment Co./�'� 7601 Wayzata Boulevard, 4�206 Minneapolis, MN 55426 Current Resident ]090 - 52nd Avenue N.E. Fridley, MN 554�1: Current Resident 1120 - 52nd Avenue N.E. Fridley, MN 554�1 Current Resident 1170 - 52nd Avenue N.E. Fridley, MN 55421 Lyle Mandel�� 6950 Wayzata Boulevard ��206 Golden Valley, MN 55426 Current Resident 215 - 53rd Avenue N.E. Fridley, MN 55421 Thomas Skovran 5298 Fillmore Street N.E. Fridley, MN 55421 Twin City Federal Ronald Parizek 5205 Central Avenue N.E. 5258 Fillmore Street N.E. Fridley, MN 5542;1 Fridley, MN 55421. Twin City Federal 801 Marquette Avenue Minneapolis, MN 55402 5P Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 Mailing List P.S. ��91-01 VAR �� 9 1-04 L.S. i�91-02 Page 2 Peter Molinaro 5234 Fillmore Street N.E. Fridley, MN 5542] Raymond Forss 5222 Fillmore Street N.E. Fridley, MN 55421 Dean Bliss 5212 Fillmore Street N.E. Fridley, MN 55421 Joseph McHugo 5200 Fillmore Street N.E. Fridley, MN 55421 Gary Townsley 1301 - 52nd Avenue N.E. Fridley, MN 55421 Michael Jaroslawski 5201 Taylor Street N.E. Fridley, MN 55421 Francis Job 5209 Taylor Street N.E. Fridley, MN 55421 Terri Wallace 5217 Taylor Street N.E. Fridley, MN 55421 Edward Kowal 5235 Taylor Street N.E. Fridley, MN 55421 Daniel Dolezal 5251 Taylor Street N.E. Fridley, MN 55421 Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 Donald Delich 5284 Taylor Street N.E. Fridley, MN 55432 William Kuether 5268 Taylor Street N.E. Fridley, MN 55432 William Job 5250 Taylor SCreet N.E. Fridley, MN 55432 Timothy McCauley 5234 Taylor Street N.E. Fridley, NIN 55432 Aaron Engebretson 5216 Taylor Street N.E. Fridley, MN 55432 Steven Kantorowicz 5200 Taylor Street N.E. Fridley, MN 55432 Gerald Sorenson 1280 - 52nd Avenue N.E. Fridley, NIN 55432 James Vant 1260 - 52nd Avenue N.E. Fridley, MN 55432 Will.iam Leavey 1240 - 52nd Avenue N.E. Fridley, MN 55432 City Council members Planning Comm. Chair �� .1►. • rIXD/ i►, � � y��:.7�� ' : •�� h��c�i�ized for it. He stated what they did was an overbuild and physi � took all new cable and hardware and ener9ized the new cable and, after the cu was oo��leted, the old cable was taken out. He stated the purpose was to e the residents better with a mininal disruption of service . - Mayor Nee thanked the representativ� the C�ble Canpany for replying to - the C�ur�cil's concerns. He also oongratu then for the work they have done for the public access group in pravidin9��.th a fine studio. � 1: .� : : ..eZ�# � l. H��'—�iRT.�''° � A PR�P06ID PRO�TF'(=7' A1+� �'`ISS[IANCE OF �P'AtY�I�, �`'"� pEVII�DPi�tEhT RESTFNUE BUI�S OR NOTFS tJAID� �i�,TSIPAL II�IDU�TAT, p��'►�PMF�TI' ACT �+T*n.�crma cmn�nrr�G ('NAPi'FR 474 _,__� � �''`'� � ✓ � �'TION by Councilman Hamernik to waive the reading of the public hearing _ 5a �'� Seconded Councilman 8arnette. Upon notice and open the public hearing. by C a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearin9 opened at 8:05 p.m. Mr. IrQnan, City Clerk, stated the public hearing is on the request by Skywood Mali (Fair Oaks Projectj for a$7,OOO,Q00 industrial revenue bond. He stated, with completion of this project, it would generate about 125 new jobs and an annual payroll of $1.2 million. He stated in addition to providing office sp3ce and new shopping space, there would be a motel and the estimated generated taxes upon oanpletion of the project is $275,000 to $300,000 per year. He stated the City has reviewed the f inancial data and f inds it to be an extrenely solvent organization and recatmends approval. Mr. Mark Haggerty submitted a layout of the new project area and a drawing of the front elevation. He stated they have met with zesidents of the area and sane are here this evening. Mr. Haggerty stated they had some revised azchitectural plans come in as late as Friday. �e reason for this was to take in so�ne of the concerns of the neighborhoo8. He stated one of the changes would be 20,000 square feet of office space. Ae stated, in addition, there would be 65,000 square feet of rrotel plus 11,000 square feet for barx�uet facilities in the basement of the motel and 3,300 square feet for a restaurant and courtyard and pool. Mr. Haggerty stated there will be extensive landscaping. Mr. Haggerty submitted a pam�hlet showing the type of operation the awners have at the F'air Oaks Motel located in the southern area of Minneapolis. 1�+lr. Aaggerty stated he felt the area needs a tremendous amount of impravement and this project would enhance the entire area and $5,500,000 would actually be put into the project. I+lr. Aaggerty stated Mr. Darwin DeRosier is a principal and one of the owners Who will be in this venture. Mr. Ha99erty stated when he and Mr. DeRosier met with the residents, their biggest concern was the rear elevation, and the entrances in the back have been reduced f rom 17 to 3. He stated another o�f their ooncerns was the traffic, but he felt with the new semiphores, they should acoa�mioclate tfie additional traffic. He stated there is adequate parking since the� � aver 400 stalls. � ��.1►. r� .�ll 1�. � �.y.1�:,�C • : ':!1 . Mr. Haggerty stated another ooncern of the residents, their biggest concern was the rear elevation, and the entrances in the back have been reduced fran 17 to 3. He stated another of their ooncerns was the traffic, but he felt withthe new semiphores, they should accommodate the additional traffic. He stated there is adequate parking since there are over 400 stalls. - Mr. Raggerty stated another ooncern of the residents was noise. 8e stated =the restaurant and motel will operate without a liquor license and hopes this will keep dowri the noise level. He stated the motel will be family- oriented and banquet facilities available in the base�nent. He stated the builcling will only be two-stories high so there shouldn't be any view restrictions from the neighbors on the hill behind. He stated they have strived to accancrbdate all the o�ncerns of the residents. Mr. Haggerty stated a lett�r has ben received fran the Fridley (�amber of Cam�erce erx3orsing the plan for the Skywood Mall project. �he letter indicated they felt the addition would benefit the mall area arxi existing businesses. Councilman Hamernik statea $5,500,000 w�ould go tawards actual costs of the project and asked where the balance would be spent. Mr. Haggerty stateci of the $1,500,000 balance almost $400,OOD is to pay unde=writers; another S100,000 in costs such as printing and official statements and attorney's fees; capitalized interest of another $700,000 to S800,000 which would �ver the interest cost during construction before re�ts are generated fram the motel; and the balance is a dept reserve to cover any c3efaults in event of norr-payment of the borids. Mr. Bud Kuether, 5268 Taylor Street, stated he believed he has been here four times to get the hill behind Skywood Mall fixec3. He stated they were also here regarding noise in their area. He stated there will be noise at the motel whether or not they serve liquor. He felt by putting in a motel, it would compound the existing traff ic problem. He stated it is aLrost impossible to get on or off Central into Skyw�ood Mall. He stated the motel will generate more taxes, but it will make it a hardship for persons who want to get up the hill to their residences. He stated it will also be hard for persons trying to get into �ain City Federal. l�irs. Juc�y F�igebretson, 5216 Taylor, questioned whether the parking would be adequate. She stated the situation there now is that you can hardly get through the parking lot and felt, with the motel and banquet facilities, she wondered if there is sufficient parking. She stated there are also plans to bring parking to the back of the motel and she thought commercial development would renain tawards the front facin9 Central Avenue. She said it seesns conunercial develognent is ooming closer and closer to their homes bec,ause there naw will be traff ic to the reaz of Skywood Mall. 5S . ,_ , , . .. - • . ��, 1�. t r10!�I 1►. • � y�� : pt� ': 'f7:�n�7 Councilrr�n Barnette asked Mrs. Engebretson what she had now in her back yard as a buffer. She stated they had put up a fence, but that is now gone because of erosion and currently have planted lilacs. She stated they have to retain their view in order to keep any value to their property. ' Qouncilman Aamernik aske� Mr. DeRosier if they have any plans to maintain the hill. ' - Mr. DeRosier stated the hill is a problem and they would like to do something a�bout it, but would need some expertise in this field. He stated they w�ould want something that is aesthetically pleasing. .. Mayor Nee stated the question this evening is not whether or not they could build the motel because it is propertly zoned, but wheth er the City wants to permit the issuance of industrial revenue bonds. He f elt it hinges on whether or not the Council thinks it would generate more jobs and payroll and provide a greater tax base. A gentlenan in the audience asked about then aplyiny for a liguor license in the future. Mr. De�tosier stated he cbesn't want a liquor lioense. He pointed out there are restrictions on the land lease to the Ground Round and no one else on that propezty can have a liquor license. He stated the lease runs for 1 5 years and Ground Round has indicated they wouldn't release their hold to serve liquor. He stated the oovenants, however, w�ouldn't restrict anyone frosn bringing in their own liquor for events in the banquet facilities. Zfie gentle�nan stated he has a concern because he lives in the area and has young children. He stated this canplex would be right in their back yard, 50 feet fran their property. Mr. DeRosier stated the plans were changed, af ter meeting with the residents, because of their concern over the entrances in the back. He stated they have reduoec3 the entrances to three which are required for f ire purposes. Councilman Barnette asked Mrs. D�gebretson if she would be able to see into the motel fram her home. She stated she isn't on the same level, but the hame on the oorner will be lawer because there is a significant drop in the slope of the hill. Mayor Nee asked Mrs. Dx.jebretson if st�e had a suggestion how she would like this land used. Mrs. Engebretson felti she could live with an office building or restaurant. She stated right now they are talking about changing a 6 day operation to a 24 hour a day operation. She stated she is a little leary of what kind of people the motel would attract into the area because af the small children in their neighborhood. She stated she is �ncerned about the additional traff ic, as she doesn't see where they have sufficient parking facilities now. She stated she fully understands it is zoned commercial, but never really expected anything like this to oort�e about. She stated she wished someone oould tell her what it is like living with a motel as a back door neighbor. 5T 0 � � � f � • �� 1�. Mt��fl 1�. • �.�/1� :.�; Mr. DeRosier stated traffic to a motei is usually not during the peak traffic periods and motels don't create the greatest traffic prablens. Mrs. Ruether stated what really should be happening is somethin9 to improve the traf f ic stivation. A gentleman in the audience stated he would like to see an of f ice complex in this area. 'Mz. DeRosier stated an office camplex in order to survive on that oorner would have to be five-stories high, whereas the motel would only be two-stories. Councilman Schneider asked if the motel w�ould be sprinkled. Mr. DeRosier stated the motel, as well as the mall, would be sprinkled. MOTIpA] by Councilman Hamernik to close the public hearing. Seconded by Cfluncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously and the public hearing closed at 8:50 p.m. . ora, Public Works Director, stated he talked to . Ingram and i him of the Council's direction to look at 0 square feet of signa service stations. He stated Mr. Ingram ' icated he would like the Coun '1 process his application, as origi y submitted, and take a vote on it. Mr. Herrick, 't Attorney, stated t Council would have three alternatives to ei e approve or deny request or approve the request for samething less th t is being sted. Councilman Hamernik stateci cu ent request is for a 183 square foot sign and the petitioner has i ted he does not desire or doesn•t request appraval for a 100 square f si� Councilman Hamernik ask if there was possibility for reconsideration, if they deny the vari ce request. He s he would like to leave Mr. Zngram the option o changing his request, t onvey to him the request for a 183 square f t sign would not be acce le. MOTIpN by Gounc' man Barnette to c3eny the variance ue to increase the maxim�n size a free standing sign for 7600 Univer - Ave e as filed by Renneith Zr�g am. Seconded by Council�n Schneider. Mayor Nee stated if the above motion passes, he would take`"a.. moti f rom anyone voting on the revailing side to have it brought up�again or reconsideration in the event the petitioner decided to reduce t`}ie squa tage he is requesting for the sign. �� . U�I A VOICE W'IE, all voting aye, Mayor Nee declared the motion carried unanimouslY- / 1 5U 0 ♦� f'�� b � e': _. t.�� ,� �� ,«, b:r'....ar ii` �� _ ��ri..¢ CtiY OF FRiDLEY �! � ./( !� JL- � ""'_/ �� ..� : � `"�[�� (=R11)LI:I' �1U;�ICIP.��L C(:NTI:R •(}lil U�IVCItSI'f�l' AVC. N.E. PRIDL[�l'. 1�1N ii-33? • 1bl'') i71-;�35(! • �AX t61?► i71-I?ti7 January 31, 1991 Mr. Bob Lund 9th Fioor Marguette Bank Building 90 South 6th Street Minneapoiis, MN 55480 PW91-23 SUBJECT: Drainage and Utility Easement Over A Portion of the Skywood Inn Property Dear Mr. Lund: This ietter is to confir�a our telephone conversation on January 30 and I indicated that I would be mailing you a utility and drainage easement from Marquette Bank Minneapolis National Association to the City of Fridley on a quit claim deed form. As I indicated, this easement is to accommodate the proposed watermain that the City intends to loop in this area. To further orient yourself to the location, I have enclosed a construction plan with the location of the watermain highlighted in yellow. Also enclosed is an aerial photo of the area again indicating the location of the proposed easement and watermain. Please execute the document and return to my attention as soon as possible. If you have any questions, concerns, or comments, please do not hesitate to call me at 572-3554. Thank you for your assistance in this matter. Sincerely, -, , . , r . ,i . � r , �� ,� ,;: . _ ,_.� , ��_. ; ` ,s • � �- C1yde�V. Moravetz � Engineering Assistant CVM/ts �� , / i✓,�ti Quit Claim Deed .. Corporation(s) to Corporation(s) No delinquent taxes and transfer entered; Certificate of Real Eetate Value () filed ( ) not required Certificate of Real Estate Value No. , 19 ' County Auditor by Deputy STATE DEED TAX DUE HEREON: $ None Date , 19 FOR VALUABLE CONSIDERATION, Marauette Bank Minneapolis. Nationa2 Association *, Grantor, a National Banking Association under the Iaws af Minnesota, hereby conveys and quitclaims to City of Fridlev, Grantee, a Municioal corporation under the laws of Minnesota, real property in � County, Minnesota, described as follows: See Exhfbit A attached hereto and made a part hereof. * As trustee under indenture of trust dated as of December 1,, 1983, between City of Fridley, Minnesota, and F i M Marquette National Bank (now known as Marquette Bank Minneapo2is, Natianal Association). The City of Fridley hereby accepts this easement for drainage and utilitv purposes. Shirley A. fiaapala - City Clerk Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: MARQUETTE BANR MINNEAPOLIS, ZIATIONAL ASSOCIATION BY• Its STATE OF MINNESOTA j ) ss County of ) The foregoing instrument was acknowledqe before me this day of , 19 , by , the of Marauette Bank Minneatiolis, National Association, a National Banking Association under the laws of �j,nnesota, on behalf of the Association. Tax Statements for the real property described in this instrument should be sent to: TiiIS INSTRUMENT WAS DRAFTED BY: City of Fridley 6431 University Ave., N.E. Fridley, I+a1 55432 5W 1 E�ZBIT ]1 To Quit Claim Deed dated , 1991 30 Foot Drainage and Utility Easement from Marquette Bank Minneapolis, Nationai Assxiation, as Grantor, to City of Fridley, as Grantee. A 30 foot drainaqe and utility easement described as that part of Lots 1, 2, 3, 4 and 5, Auditor's Subdivision No. 153 lying 15 feet on either side of the followinq described line. Beqinninq on the North line of said Lot 1 a distance o! 85 feet lrom the Northeast corner of said Lot l; thence South 13.34 feet alonq a lfne parallel with, and 85 feet West of, the East line of said Lot 1; thence deflect to the riqht 45 deqrees, 00 minutes a distance o! 53.6 feet; thence deflect to the left, in a southerly direction, 45 degrees, 00 minutes a distance of 255.5 feet; thence deflect to the left 45 deqrees, 00 minutes a distance o! 18.3 feet; thence deflect to the right, in a southerly direction, 45 degrees, 00 minutes a distance of 317.5 feet; thence deflect to the right 67 deqrees, 30 minutes alonq a line to the South line of said Lot 5, Auditor's Subdivision No. 153 and there terminatinq. 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' y • �''1.,,r,.R;..' � - � � L^�.. „ � � , Yc"' .w y� _ s • ��..• �� ` ''� '.H�r� � .. 3� I "��v �i"'+�< ii'; . � � ��:sy -S' -'T�g'' �. _ � � ... ., �.-_.. � �`.y..�` , � � a�� :v� qi�t,��r �� .. - . �R . ... �� i�..s.; � �..t Y. M �a'�r�i'tF-..,.�.,z. i�`id ! r � � � � -'t �y�� :9 � � 1 � �� a't' � " �� '�'�i� � �� t�� , �c ;,�f�` r � �`,�,�'�� °qr; ' � _ • _ Y � •.. � � t�' : ,� t��. .� � :.., ' Y;_; `!'' s `_ .. `�fy� f" 1 � . �"'. ' �..sti � � �,: f „� an�; ,? +..� . 1`s �i%p,'4t �y� e �k,... " r4 �,:' �.i �� - ! ` �'• y� �}X+ :'} � �N•'. � �; ' � �i�, ,y� � r � ��•i�tnbY.• 'f � �N+ I ��' � � �i,.`• �� '�`'� w�A� � �'; j � i ♦!1�C��{. �� ,i�.� .��.� r, .1'. 'v i��y��,�� ~� ��i J S� �. � �• L 1 � ti�;� a.� .` �,�,-� . A � . ��.. _. .. I�i. . ...� 1 '�.�y . ,. ��. �� r��• a � � ' • i ' � % S' j �`i . � / .. �111r�o^'�i�yq �� Z-' � � `✓,}, r ► �b �� "Y 1� !� i �� tj ��''; J �'. • I� . .��v :(�,� 1 T, � r . �. ' .:7 { � � T . 9"s''_'` • . i , n�. �( . � �; .' . ` �' -� : . .. � j� ; � � t _ ' I ` • j T � � :�. '� i � . � `�' '�l + C y,." '4� . ,,, i'.:E� � �.. ��y �� K _ � �•�� r}iij ��7'��-'� .'� ' �." `A't ;� '� •Ar' r� s ` :.� x'� � A 5.�.� : ,. �r `S. 1 ` � y� . -� , t" �' ;gt- t'' •'�f ] • `� � � '�r+-! t�!+` . t '�' �;,. f � 'n,� � r .� ;� `� ,'��,r:, j'�� .' : �� 4 T `' : � " �� .. y�,, � ,q� ,r , _,,� .. . •'�' � ,. I � 4 y j'�`�`�, '�:L �r�� ► ,i ��r � �" � , S? � � �` ~ � . .r a�Z'� �j � � wt� � � • �'±11�> .�•- • � j, �i ic1.. ;r - . �. . .N�t � � .h,� 6 • � 1'��i►' •►� � �, �� '� y 1i .�7+ Y � '. ?.Ti �� ♦ ,\ � � rY ..�� rf�r�. �. • � � . �'� s�A=;,i� 9� S r"'y'�i�e . t ''� 7. , � �a ''� .'Y� ��•� >�,7 1V�� r 1 (..�...r � .1� . . � ' ^ � . � �� r��ES�o,�� February 11, 1991 Barbara Dacy Planning Coordinator City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Barbara: Milestone and Kelly Inns plan to form a part- nership to acquire the Skywood Inn. Enclosed is background information on both Milestone and Kelly Inns Ltd., a subsidiary of Ramkota. I have also enclosed a brochure on the Best Western Kelly Inn in St. Paul, which we recently purchased and renovated. I would be happy to show you or anyone at the city the property as an example of our approach to operating hotel properties. Please call me if you have questions on the en- closed materials or would like additional infor- mation. Si,ncerely, , r� c � ' �� Patrick M. Conlin Vice President PMC/dm Enc/ Iviilestori� Hotel Investments, Inc. 681 Fast I_ake Street • Suite 24t, • Wayzata, Mi�+�a 55391 •(612) 476-8516 • Fax (612) 475-0618 � � SYNOPSIS OF MILESTONE HOTEL INVESTMENTS, INC. Milestone Hotel Investments, Inc., a Minneapolis, Minnesota based company, was formed in 1987 to identify, analyze, structure and arrange equity finan- cing for investment opportunities in underperforming hotel real estate. To date Milestone has been involved in the acquisition of six hotel properties, the Sheraton and Town House Inns in Bismarck, North Dakota, the Hilton and Rodeway Inns in Casper, Wyoming, the Radisson Inn in Greeley, Colorado and the State Capitol Holiday Inn in St. Paul, Minnesota. Management Curtis 0. Gudmundson, President. Mr. Gudmundson has over seventeen years of business experience including experience with newly formed companies, banking and securities transactions, and real estate. He has founded sev- eral successful companies, including Jonathan Health Services, Inc., the largest dental franchise company in the Midwest, and Scanner Forms, Inc., a printing company which prints forms for optical mark read scanner equip- ment. In addition to structuring, promoting and managing the acquisition of hotels, he has managed the acquisition of several companies in other industries, including Medical Transcription Service, Inc., Metro Medical Services, Inc., Midwest Dictation, Inc., and PreSort Services, Inc. Mr. Gudmundson holds a B.A. degree in economics from Moorhead State University. Patrick M. Conlin, Vice President. Mr. Conlin has over nine years of busi- ness experience including newly formed companies, management consulting, and real estate. Mr. Conlin co-founded Software Business Systems, a successful Minneapolis based computer software development firm and was a senior finan- cial consultant in the special services division of Arthur Andersen. As Vice President of Milestone, Mr. Conlin has negotiated, structured, promoted and managed the acquisition of hotels. Mr. Conlin holds a B.S. degree from the University of Southern California and an MBA from the Tuck School at Dartmouth College. 5AA SYNOPSIS OF RAMKOTA, INC. Ramkota, Inc. Ramkota, Inc., a South Dakota corporation, was formed in 1965 for the pur- pose of owning and operating the Ramkota Inn, Sioux Falls, South Dakota. Ramkota now wholly owns two other properties, the Best Western Ramkota Inn in Aberdeen, South Dakota and the Best Western Ramkota Inn in Watertown, South Dakota. Ramkota's principal office is at 2600 North Louise Avenue, Sioux Falls, South Dakota 57107. Ramkota currently employs 230 people. AFFILIATES OF RAMKOTA Regency Inns Management, Inc. is a wholly owned subsidiary of Ramkota, Inc. Regency Inns Management, Inc. is a leader in the Midwest in the hospitality industry. The Sioux Falls based management company oversees the work of 1,200 employees in seven states. The management company was formed in 1979 as an outgrowth of Ramkota, Inc. at the request of several parties who wish to utilize their management expertise. The 18 properties that Regency cur- rently manages range from a small water front resort to a large convention hotel complete with state-of-the-art audio/visual amphitheatres and thirty thousand square feet of banquet and meeting space. Regency Inns Management has an equity interest in 6 of the 18 properties. Regency Inns Management, Inc. has developed a track record in turning around distressed properties as well as maintaining and improving on-going properties. Regency also has extensive experience in the construction and opening of hotels from the ground up as well as renovation of existing hotels and additions to existing hotels. The client list includes large regional lenders, insurance compan- ies and investors that have wished for Regency to manage their hotel proper- ties. Ramkota formed Kelly Inns, Ltd. in 1984 as a method of developing "rooms- only" motels. Currently, Ramkota owns Sb% of the issued and outstanding stock of Kelly Inns, Ltd. which has an ownership interest in eight "rooms- only" properties. These properties include the Kelly Inn, Sioux Falls, South Dakota, the Kelly Inn, Keystone, South Dakota, the Kelly Inn, Spear- fish, South Dakota, the Kelly Inn Billings, Montana, the Kelly Inn, Fargo, North Dakota, the Kelly Inn, Bismarck, North Dakota, the Kelly Inn, Casper, Wyoming and the Oasis Inn, Oacoma, South Dakota. Ramkota also operates a business under the name of Commercial Interior Decor, which provides decorating and purchasing services for third party owners as well as the property it owns. . . KEY MANAGEMENT PERSONNEL David R. Sweet, President. David R. Sweet has been involved in the hospital- ity industry since 1966, He has degrees in hotel and restaurant management and in business and marketing. Before taking his current position with Ram- kota, he served as Director of Operations for a hotel management company op- erating franchise hotels in various parts of the United States. Prior to that, he worked with Holiday Inns High Rise Division, Sheraton Ritz, Prefer- ence Hotels and ARA Food Services. He has been involved in all facets of the hospitality business, from cooking to design and financing of new projects. Donald W. Kelpin, Director of Operations. Mr. Kelpin has overall supervision of all hotel properties and operating personnel for Regency Inns Management, Inc. and Kelly Inns, Ltd. He served as General Manager, and then Regional Manager in Regency Inns Management, Inc., before being promoted to his cur- rent position. Mr. Kelpin has worked in the hospitality industry since 1968 and has had hands-on experience with Ramada Inns, Sheraton Inns, Holiday Inns and Best Westerns. He oversees more than 1,200 employees and draws on this pool of people when situations arise that need special expertise. Gregory L. Schjodt, Assistant Director of Operations. Mr. Schjodt has been associated with the hospitality industry since 1970. He received his bache- lor's degree from Augustana College. His responsibilities involve the direct supervision of full and limited service properties. Prior to his current position, Mr. Schjodt served as a General Manager for full-service properties. Before his employment with Regency Inns Management, Inc., he worked at various locations for a major franchise company. Previous involvement at all levels of hotel management has provided him the skills to effectively supervise mul- tiple properties. Robert J. Timjon, Controller. Mr. Thimjon has been involved in the lodging industry since I980. A I974 graduate of Augustana College (business adminis- tration/accounting), he received his Masters Uegree in Business Administration from the University of South Dakota in 1982. From 1974 to 1980, Mr. Thimjon was involved in public accounting, receiving his CPA certificate in 1976. Since joining Ramkota in 1985, he has been involved with development, syndi- cation, acquisition and financing of hotel projects. His responsibilities include supervision of the accounting and management information systems as well as insurance and real estate taxes. 5CC PROPERTY LIST - RAMKOTA AND AFFILIATES PROPERTY & LOCATION Ramkota Inn, Sioux Falls, South Dakota Ramkota Inn, Aberdeen, South Dakota Ramkota Inn, Watertown, Sonth Dakota Ramkota Inn, Pierre, South Dakota Ramkota Inn, Greeley, Colorado Sheraton, Bismarck, North Dakota Hilton Inn, Casper, Wyoming Yankton Inn, Yankton, South Dakota Mariana Inn, S. Sioux City, Nebraska Golden Hills Resort, Lead, South Dakota Canterbury Inn, Shakopee, Minnesota Lewis & Clark Resort, Yankton, South Dakota Kelly Inn, St. Paul, Minnesota Kelly Inn, Sioux Falls, South Dakota Kelly Inn, Keystone, South Dakota Kelly Inn, Billings, Montana Kelly Inn, Fargo, North Dakota Kelly Inn, Spearfish, South Dakota Keliy Inn, Bismarck, North Dakota Kelly Inn, Casper, Wyoming Oasis Inn, Oacoma, South Dakota TOTAL 5DD NUMBER OF ROOMS 228 154 101 151 150 223 219 124 185 100 175 29 126 42 44 88 133 50 102 102 85 2,611 MEETING SPACE 35,000 15,000 5,000 30,000 sq. ft. 15,000 13,000 14,000 5,000 24,000 5,000 161,000 PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 12 The staff report did not refer specifically to that stipulation; however, the original approval still holds. Mr. Betzold stated it is his understanding th any stipulations put on the project at the time of the; -pproval should be maintained; however, Ms. Engebretson ra'"ed a very good point and it is a concern that should be b ught to the attention of the City Council so that there e no gaps in the maintenance. MOTION by Ms. Sherek, seconded by Ms. vage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING , CiiAIRPERSON BBTZOI,D DECLARED THE MOTION CARRIBD AND PIIBLIC HEARING CLOSED AT 8:30 P.M. MOTION by Mr. Saba, seconde by Mr. Sielaff, to recommend to City Council approval of reliminary Plat, P.S. #91-02, by Milestone Hotel Investme s, Inc., to replat part of Lots 1, 2, 3, 4, and 5, Auditor' Subdivision No. 153, to be described as Lots 1 and 2, B1 1, Skywood Mall Addition, generally located at 5201 - 5 5 Central Avenue N.E. , with the following stipulations: 1. A 30 oot easement shall be dedicated for the water li improvement on the plat. 2. 11 easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD tED THE MOTION CARRIED IINANIMOIISLY. 3. CONSIDERA.TION OF A LOT SPLIT L S #91-02 BY MILESTONE HOTEL INVESTMENTS, INC., TO SPLIT OFF PART OF LOTS 1 2 3 41 AND 5. AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS DESCRIBED AS PARCEL A AND B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the lot split request with the following stipulations: l. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 5EE 0 PLANNING COMMISSION MEBTING. MARCH 13, 1991 PAGE 13 4. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. MOTION by Ms. Sherek, seconded by Ms. Savage, to recommend to City Council approval of Lot Split, L.S. #91-02, by Milestone Hotel Investments, Inc., to split off part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, into two separate parcels described as Parcel A and B, generally located at 5201 - 5275 Central Avenue N.E., with the following stipulations: l. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall b�e recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the lot split and the variance requests will go to the City Council on March 25, 1991. At that meeting, the City Council will set a public hearing for the plat on April 18, 1991. MINUTES• MOTION by Mr. Saba, seconded b . Sherek, to receive the February 4, 1991, Parks and creation Commission minutes. QPON A VOICE VOTE LL VOTING AYB� CHAIRPERSON BETZOLD DECLARED THE MO CARRIED IINANIMOIISLY. 5FF r � � J Community Development Department G DIVISION City of Fridley DATE: March 20, 1991 Q, TO: William Burns, City Manager �`p �. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #91-04, by Milestone Hotel Investments Attached is the above referenced staff report. At their March 12, 1991, meeting, the Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipuiation: 1. The variance shall be granted in conjunction with the granting of the lot split request. Staff recommends that the City Council concur with the Appeals Commission action. MM:Is M-91-178 � � STAFF REPORT APPEALS DATE �axch 12, 1991 CITYOF PLANNING COMMISSION DATE FRlDLEY CITY COI�ICiL DATE rtarcn 25, 1991 � Au�'HOR �'�/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST I.00ATION SITE DATA SiZE DENSITY PRESENT ZONfNG ADJACENT LANO USES & ZONING UT�ITIES PARK DEDICAT{ON ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZON�VG ENVIRONMENTAL CONSIDERATIONS VAR #91-04 Milestone Hotel Investments 'Ib reduoe the required side yard setback fran lS feet to o feet 5201-5275 Central Avenue N.F. 11. s acres C-3, General Shopping Center District C-1, iacal Business District to the south; R-1, Single Family Dwell.ing to the east; C-3, General Shopping Center, t,� the north Yes Yes STAFF RECOMMENOATION 1�pproval APPEALS RECOMMENDATiON pxoval PLANNING COMMISSION RECOMMENDATION � � � ' n r � � � f_3 � � AIE � 23 , s q,l{ � 4 VAR #91-04 Milestone Hotel N !/2 C/TY C/TY 2� �,..� � SEC. � Of CG C, N /. OF �.. . � ��r �rt !.+� � Q v�✓ \ •y: ��, i:.. � + ..r� � Ih T� S �' �� ;N 1� B � i 'R'a f� `?d � ti .. �.. � ...� - 24 ,' 6B LOCATION MAP � Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 A. STATED HARDSHIP: None stated. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required side yard setback from 15 feet to 0 feet for 5201-5275 Central Avenue N.E. The request is a result of a proposed lot split and plat request which staff is currently processing and which will create a lot line between the Skywood Motel and the Skywood Mall. The lot line will be created so that the motel may be sold independent of the mall. Site The property is approximately 11.8 acres in area. Located on the parcel is a 100-unit motel and a retail mall which share a common fire wall. The property is zoned C-3, General Shopping Center. The property to the south is zoned C-1, Local Business. The property to the east is zoned R-1, Single Family Dwelling, and there is additional C-3, General Shopping Center, zoning to the north. Analysis Section 205.15.03.C.(2) of the Fridley City Code requires a 15 foot side yard setback when two side yards are required. Public purpose of this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting, and reduce the possibility of fire. The C-3 zoning district regulations require that a side yard setback of a minimum 15 feet exist for all parcels. However, Section 205.17.03.D.(2).(c) and Section 205.18.03.D.(2).(c) (industrial districts) allow a zero lot line whe�e a common wall is provided between two buildings. The creation of a common lot line between the two facilities in this zoning districts creates the need for the variance. In this instance, the code is placing the hardship upon the property, and the property is unique in the fact that a common wall will be shared by two buildings. The cross parking and access easements will continue to be maintained after the lot split and plat are approved. Therefore, the two lots will continue to function as one. • �� Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variance, with the following stipulation: 1. Lot Split reguest, L.S. #91-02, shall be approved. ApAeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipulation: l. The variance shall be granted in conjunction with the granting of the lot split request. Citv Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 6E t i � 3� �t .:f �� =3 � . i', .� ! �: �� ' � J d r � a z � W � d 7 ( � � 0 Q t � i" vX, % . � N1i11.IClUV� �. � �:� VAR �f 9 1-04 Milestone � � �_.ic ��ice� i�!i';!:jq: ! li�fiii:s`.:�5. -iS:�e i a 4:: szjs-c:i: -•.:- i'e _ i3=._i_:S � iii (� '�:s�. ;i�• :'ixs"-ieit ;:;Ii.=';i`'�" " ic ! iz f'� ':� "",: �! us t._'s�=� '=i t e � � �� .;_: .: !i.�:lix:i: i��.�•s.":s -f i��i � i .�i��j'� il:i:==f'�� l:Illi�iji:ij� ;i•:.� 1 Z�� :.: i_ :. �:t.: 3� ie � �.. c s � • ...:c;3:c �J-!ii��!;•: ! . .i:- � � i i � -�_-; - .- : lti tl:'.:r. �f�_ � : �_ : . , .� 'F;i: '�I� ��•-i- •ii? �iiF' "�"_..��,� •s� � t��i]l+)ll.�: i t: ��••S � F2tt:tii..:! ��1= : j � 1 ? iz-1 't -i!_ u?r(;� �. ' jx"izatistx�jf£• f � �: '`t �i31�li�i�ty: :-j� •�•'� 'I i! ::i�-.�1'� S•��f� i i? ;�:. !i i_i:ii r:. 'iii�" ii :�.s..--•n-�:. 3; -:s i - � ) •ii:� -�� e ii:sz:s: ;j:., e i� i i; �ji�tF:ii'siii� i:ieifis"t:i ;1( =�ii�![[itii_;i� � i � �� 1�_a:::. :c,:i . - �� l�.::.....:�:si! � �. ` : �� - . � � I � � � . , ;- � . � � 1 W Z ' C [ t � �� t t • $ ' s� :� ��4 ?qi 7 . C I, � � S 5 7 I Z � I i d ' � � � a v - - --._ . r._ ^ . — c . �_ _ _ N -�------- � i«�Misvr- mar L •...,.. ,.. �...,.�,,...,..., ..,,.. � ; :•a. � � /j lj O � � i�/ f- t ! ��i / d . i W : X S W J i r �� qi � �D w; �d: � f �- '� - --. — -- __—_ — _ ��— � � - � -- ---_-- -- s V _fL•� 'S'—'— 1 '-I 1 �� . .«.�u � .�.r`i. ..n u ..i .. -� f+ 1 � lLl--_ '- -- '- „' ^, • '- ' ' ('3/1t! �da1N3�) 59'ON Jl17MH91H NNf1a1,�31d1S1,_;......�.._.�. 6FPRELIMINARY PLAT C,I.�'Y OF FRIDI�;SC 6431 IJ�iIVERSI*py AVENUE N.E. �DI�Yr MN 55432 (612) 571-3450 a� ii in i �- •� n.n.7 � a.� . •ii.a _...�...�....__..�..��_� ��ARIl�N� APPLIC�iZ*IO[J F1� ~� ...._...,. _,..,..,_,_,.... �DPERTY I�TIo�I - site plan r,��;,� for sul�nittals: see attached �_~~� piddress; 5201-5275 Central Ave., Fridley, Minnesota 55421 Leg31 descx'iptlon: See attached Is.�t See attached gl� T�a�f�iti�l Auditors subdivision 153 G1lrrent zoni.t�g: C-3 Sqtiare footage/acreage 11.8 acres Reason for variance and ha�ip; Section of City Oode: __..�.._�_�.._�__....,.....,..�..�...,._. ..,.,......._.._...._.__�......._.........._.,. FEE OWNII2 II�RMATI@i _�_.._� i��t Pumhasers: Fee Owr�ezs must sign this fonu prior to prooessir�g) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December l, 1983 AD�2F�S 6th_& Marquette, Minneapolis, MN 55480 DAYTIME pHONE 341-5804 LiATE _ ��c / P£I'I'I'I�1IIt II�t?12I�'Il��ION ..,..�_..�....__..._... ��..._....,,....�.,.___��_�� NI�ME Milestone Hotel Investments, Inc. ADI�,SS 681 E. Lake Street, ��246 Wayzata, MN 55391 . 0 I]AYTIl�4E PfK�1E 612/476-8516 ��/� l .� Fee: $100.00 _� � __....,._._........_...... _..... .,....�......_��._.....�_��__�� $ 60.00 for resideritial p�rties Permit v�t # �- 0 �eipt # 3 y/ a o , �—=- _ Application reoeived by: Scheduled Appeals CX.�unissiari �date: 3•!Y� �l 1 Scheduled City Oa�uicil date: �__..�.........__�_.,._....__�.,._.�____.....,� ....,. , .w._._..�_.,�....�_��._.. ._.,._��__.._., � 6G� PIIBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-04, by Milestone Hotel Investments, Inc.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots l, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot l, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. � VAR #91-04, Milestone Hotel Investments, Inc. Page 2 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. �I ty QoLmcil ty Manager ane Savage 7 Rioe t�'ree}c Z�erraae N.E. idley, NL�T 55432 Mi les tone Hot�e 1 Inves tinents �581 E. Lake Street, #246 rWayzata, N�i 55391 jMarquette Bank Minneapolis �6th and Nlarquette `Minneapolis, NN 55480 I �City of ColLUnbia Heights �Planning D�epartment �590 - 40th.Avenue N.E. �bltunbia Heights, .N�ii 55421 � Et�i�ers Restaurant 54Q0 Central Avenue N.E. Fridley, M�T 55421 Chet Herringer �,4i21 Stinson Boulevard limibia Heights, DTI 55421 1 AZinnesota, Inc. 300 Central Avenue N.E. ridley, N�1 55421 Zbtal Minnesota, Inc. 999 - 18th Street Suite 2201 Denver, 00 80202 I�1II1T�lG LIST FC)R ��?�i2IANCE # 91-04 5201-5275 Central Avenue N.E, Milestone Hotel Tnvestments, Tnc. Menaxds, Inc. 5351 Central Avenue N,E, Fridley, NN 55421 � Nlenards � Inc. Rpute 2 Eau Claire, WI 54701 (k�m�roe Park xnvesi�nts 3989 �entral.Avenue N;E. �l�nbia HeigTits, N�T 55421 RQland Lang 1278 SkyHrood Lane N.F. Fridley, NN 5542� Yun Lee. 1268 Skywood Lane N.E. Fridley, rN 55421 Carl Heggestad 1258 Skywood Lane N.E. Fridley, N�V 55421 Maiy Matthews 1259 Skywood Lane Pd.E. Fridley, N�1 55421 Ground Round Restaurant 5277 Central Avenue Pd.E. Fxidley, M�1 55421 6J Mailea: 3/1/91 Haward ,7ohnson Gompany Box 38 Wahkon, MN 56386 skyw�ofl znn 52Q1 Central Avpnue N.�'. Fridley, Nrd 55421 Skyvaood Mall 5251 Central Avent� N.E. �idley, i��T 55421 Iee Wards 5289 Central Avenue N.E. Fridley, N�T 55421 Current Tenant 5267 Centra7. Avenu� N.E. Fridley, A�T 55421 Adventures in Video 5211 Central Av�nue N.E. Fridley, NN 55421 'lfiain Gity Fedexal 5205 Central Avenue N.E. Fridley, MV 55432 �ain City Fec7eral 801 Marquette Avenue Minneapolis, N1�1 55402 �bert Hall Clothes 1075 Ceritral Park Avenue Scarsdale, NY 10583 �TAF #91-04 5201�5275 Central Av�nue N.E. Page 2 Great American Music 5151 Central Avenue N.E. Fridley, N�T 55421 In,vin Kal]sr�n 115 East 57th.Street, #1240 New York, NY 1OQ22 RQnald Pax�zek 5258 Fillmore Stxeet DI.E. �ridley, Ni�T 55421 N1arYin S.ch�nk_ 5246 �.�.T1m�re 5t�eet N.E. Fridley, N�T 55421 �� Nlarck Investirent C7 �any Petez' M�l�:naro 7601 Wayzata Blvd., #206_ 5234 Fi.l]m�ze..Stxeet N.E, Minneapolis, NN 55426 Fridley, I�➢.V � 55421 Current R�sident 109_0 -� 52nd Avenue N. E. �'ridley, NN 55421 Ciirrent R�sident 1120 -- 52nd Av�nue N. E. Fridley, N�T 55421 Current R�sident 117Q -� 52nd Avenue N.E. Fridley, �TT 55421 Lyle Mandel ��'�'"- 695Q Wdyzata Blvd., �2Q6 Golden Valley, D�T 55426 Current Resident 215 - 53rd Aven� N.E. Fridley, N�I 55421 Thomas Skovran 5298 Fi171rore Street N.E. F'xidley, NN 55421 Raymond �o,rss 5222 �'il]srore St�et N, E. k'ridle�r, N�T 55421 Dean B�lis:s 5.212 Fi.�lmaxt� St,reet N.E, F`ridley�, 1�N 55421 Joseph_ l�ic��ugo 52QQ Fi�lmorn Street N.E. Fridley, N�T 55421 Ga� 'Ibwz�s ley 13Q1 �- 52nd Avenue N.E, Fridley, N�1 55421 Michael Jaro�lawski. 5201 Ta�rlox Street N. E. F'ridley, P,Tt 55421 Franc'is Job 5209 Taylor �txeet NtE., Fri.dley, NN 55421 L•J \\ �rri Wallace 5217 Taylor Street N.E. Fz'idleyr NN 55421 Edward Kaval 5235 Taylor Street N.E. Fridley, 1�T 55421 Daniel Dolezal 5251 Taylor Street N.E. Fridley, NN 55421 James 12�semeuer 5285 Taylor Street N.E. Fridley, N�T 5542I Kwi.n I�emke 52�� Taylor Street N,E. Fridley, Ni�I 55421 Donald Delicli 5284 Taylor Street N.E. Fridley, NN 55421 William Kuether 5268 Taylor Street N.E. Fridley, A�i 55421 William Job 525Q Taylor 5treet N.E, Fridley, NN 55421 Timothy McCauley 5234 Taylor Stre�t N.E. Fridley, NN 55421 VAR #91-04 520.1-b275 Central Avenue I�I.E. Page 3 Aar� Engebretson 5216 Taylor Street N.E. Fridley, NN 55421 Steven Kantorowicz 52Q0 Taylor Street N.E. F`ridley, NT7 55421 Cerald Sorenson 1280 -- 52nd A�nue N. E. Fridley, NN 55421 James Vant 126Q - 52nd Avenue N.E. Fridley, NN 55421 William Leavey 124Q - 52nd Aven� N.E. Fridley, NN 55421 6L APPEALS COMMISSION MEETING, MARCH 12, 1991 PAGE 10 CONSIDERATION OF VARIANCE REOUEST, VAR #91-04 BY MILESTONE HOTEL INVESTMENTS, INC.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot l, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block l, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E., Fridley, Minnesota, 55421 MOTION by Mr. Kuechle, seconded by Dr. Vos, to waive the reading of the variance request and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CFiAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:14 P.M. Ms. McPherson stated the proposed request is to reduce the side yard setback requirement from 15 feet to 0 feet for 5201-5275 Central Avenue, otherwise known as the Skywood Mall and Motel, located at the intersection of Central and 52nd Avenues. The property is zoned C-3, General Shopping Center District. There is �� APPEALS COMMISBION MEETING MARCB 12 1992 PAG$ 11 additional C-3 zoning to the north. The property to the south is zoned C-1, Local Business. Although the property is zoned commercial to the south, there is some multiple family apartments in that area and there is R-1, Single Family Dwelling, to the east. Ms. McPherson stated the petitioner is also pracessing a lot split and a plat request which will create two lots. Therefore, the variance includes both lots once they are newly created. The lot split is being processed for closing on April 1 and the plat will be finalized sometime in April. This will allow the petitioner to purchase the hotel portion of the complex and remodel in time for the busy season. The proposed lot split and plat will create a new lot line which will split the hotel portion from the retail and which will allow the motel to be sold independently of the mall. The C-3 district zoning regulations do not allow for a zero lot line to exist. The regulations require a minimum of a 15 foot setback. The City does have a zero lot line option in the industrial district where there is a common wall between industrial buildings. The Code is creating a hardship for this particular parcel. Ms. McPherson stated the site will continue to operate as a single unit. Parking agreements will continue to be maintained and will continue to function as is. Staff recommends approval of the variance with the stipulation that the lot split be approved. , Dr. Vos asked why there is a jog in the lot line. Ms. McPherson stated, the way the City requested the petitioner draw the line is because it is along the face of the fire wall along the mall portion of the building. The south part is all motel and the north part is mall. Dr. Vos asked if there are jogs outside. Ms. McPherson stated the site is currently underparked and was approved this way. However, they have tried to draw the lot line so the motel portion meets the code as much as possible. The Planning Commission will try to address this issue. The site has as much parking as is available without going to ramps. This past summer, the trustee in control of the property completed the parking which was an outstanding stipulation from when the project was first approved. Mr. Ring, Marquette Bank, stated the bank is the trustee now in control of both facilities. The need for splitting the Iot is to maximize the recovery for the bond holders. As it currently exists, there is a mall and a hotel that is unsaleable because malls and hotels are managed differently. Dr. Vos asked if the petitioner is the potential buyer. 6N APPEAL3 COMMISSION MEETING MARCH 12 1991 PAGE 12 Mr. Ring stated this is correct. Ms. Savaqe stated there is no information about what is going to be done. Is there a proposed buyer for the mall? Mr. Ring stated the mall is being managed by Towle Real Estate and is being offered for sale. Ms. Savaqe asked what the status is of the hotel. Mr. Ring stated Marquette, as trustee, is currently negotiating with Milestone Hotel for the sale of the hotel portion. This variance and lot split is a condition of the sale. Mr. Bliss asked if the variance is to reduce the lot line to the north. Ms. McPherson stated that usually what happens when there is a lot line between two buildings, there would technically be 30 feet between the buildings. In approving a zero lot line, they are saying that buildings can exist at the lot line. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AY$, CSAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:30 P.M. Ms. McPherson stated the lot split and plat will be heard by the Planning Commission on March 13. Therefore, the Planning Commission will be informed verbally of the Appeals Commission's action. Dr. Vos stated this is an existing condition which is the biggest hardship you can get. To deny it would be to deny a solution to the problem. Mr. Kuechle stated he concurred. This should be tied to the lot split, so that if the lot split is not approved, the variance is not approved. MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #91-04, per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block l, Skywood Mall Addition, with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lvt split request. • � APPEALS COMMISSION MEETING, MARCH 12, 1991 PAGE 13 IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS• Ms. McPherson stated a memo was included in the agenda packet summarizing action taken on requests the Commission previously acted upon. ADJOURNMENT MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THS MARCH 12, 1991� APPEALS COMMISSION MEETING ADJOIIRNED AT 8:30 P.M. Res ectfully submitted, � Lavonn Cooper , Recording Secretary �• CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 27, 1991 �MN M IrMIV M�V NMM/rNMtiMNN MN.Y MNwMNMti MNwMMMIV MMNMMMMIr MMMN NMM NMMMMMMNIrMM MNM CALL TO ORDER• Chairperson Betzold called the March 27, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. David McCain, 689 Fairmont Street N.E. Randall Olchefske, Riverside Car Wash Steve Bruns, 1900 Sil.ver Lake Road, New Brighton APPROVAL OF MARCH 13 1991 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the March 13, 1991, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. CONSIDERATION OF A 5PECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ, PER SECTION 205.18.03.C.(4) OF THE FRIDLEY CITY CODE TO ALLOW THE LOT COVERAGE TO BE INCREASED FROM 40� MAXIMUM TO 44% MAXIMUM ON LOTS 1 THROUGH 5, BLOCK 6, ONAWAY ADDITION, GENERALLY LOCATED AT 7786 BEECH STREET N.E._: (Tabled December 12, 1990 - Public Hearing open) MOTION by Ms. Savage, seconded by Ms. Sherek, to remove Special Use Permit, SP #90-18, from the table. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BBTZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the property is located at the southwest corner of 78th Avenue and Beech Street in the Onaway Addition. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, east, and west. 7 PLANNING COMMISSION MSETING, MARCH 27. 1991 PAGE 2 Ms. McPherson stated the request is to increase the maximum lot coverage from 40� to 44% which has been revised from the original request to increase the lot coverage from 40� to 50�. On December 12, 1990, when the Planning Commission reviewed this request, the proposed expansion was both to the south and also to the west, which would have required a reduction in the side yards from 20 and 25 feet to 8 feet. The petitioner has revised the request to expand the building only to the south property line. The petitioner has also requested a variance to reduce the side yard setback from 20 feet to 0 feet. On March 26, 1991, the Appeals Commission voted to recommend to the City Council approval of the variance request to reduce the side yard setback from 20 feet to 2 feet for this particular proposal. Ms. McPherson stated that in the industrial section of the Zoning Code, Section 205.18.03.C.(4), there are two standards that must be met before a special use permit can be granted to allow the lot coverage to be increased over 40�. While the new request only increases the lot coverage to 44�, there are still questions as to whether or not the site would be able to meet the detention and retention requirements and additional parking requirements, should the primary use of the facility change from the current warehouse use to either manufacturing or office and manufacturing. It is possible that the area to the rear of the building which the petitioner is reserving could hold an additional six parking spaces; however, there would then be less area for detention of stormwater as per the City's requirements. Ms. McPherson stated staff still believes the proposed request would not meet all the standards in the Zoning Code and, therefore, recommends that the Planning Commission recommend to the City Council denial of the request to increase the allowable lot coverage from 40� ta 44�. Mr. Martinez stated that at the December 12, 1990, Planning Commission meeting, the Commissioners suggested that he come up with a compromise, and the reduction in Zot coverage from 50°s to 44� is the compromise he is requesting. He is just asking that he be allowed to expand his business. He wanted to emphasize again that this is an old section of Fridley in which a lot of the buildings are not in compliance with existing codes. At the time many buildings were built, the codes did not exist. Mr. Betzold asked Mr. Martinez if this is the minimum expansion he can do and stili make it economically feasible. Mr. Martinez stated that is correct. 7.1 I PLANNING COMMI88ION MESTING, MARCH 27, 1991 PAGE 3 Ms. Savage stated that at the Appeals Commission, she was very reluctant to vote in favor of the variance request. She stated Mr. Martinez has made an attempt to comply with the Code. He has reduced the size of his addition considerably, and has provided some space at the rear of the building for parking that was not there in the original proposal. Her biggest concern is that there is a lot of nonconformity in this area, but that doesn't mean they should continue that nonconformity. Mr. Martinez stated the area to the rear of the building will be left grassy or gravel for a parking lot, so there should be no additional drainage problems. He stated 40$ lot coverage is allowed, and he is only asking for 44�. Some buildings in this area have 60� lot coverage and more. Mr. Betzold stated he is not very comfortable making a decision on this special use permit until the Commission knows more about whether there is sufficient or insufficient area for water retention. Ms. McPherson stated she believed that if the rear of the property is not needed for parking, there is adequate area to create a detention facility. The issue rises when the building changes owners and changes use, and then there is a conflict over where the extra spaces are created and where the detention facility is maintained at the same time. Mr. Sielaff asked about the nonconformity in this area. Ms. Dacy stated that at least 80� of the properties in the Onaway Addition have been granted some type of variances. The Onaway Addition was platted in the early 1900's, and the lot sizes are less than 20,000 sq. ft. There is no way for the properties to meet the standards for the M-2 district which is set up for 1 1/2 acre lots. A number of the buildings were constructed in the early 1960's, some constructed in the 1970's, and a lot of them have been issued variances. Ms. Savage stated Mr. Martinez' existing building is nonaonforming, and part of the variance request is to bring the existing building into confornaity. Staff recommended in favor of that. Ms. Modig stated that if the property changes use and there are future parking problems, is there any way to prevent future variance requests on that property? Ms. Dacy stated that the Planning Commission or the City Council could not bind a future Council on a future variance request. Anyone has the right to request a variance. At the 7.2 PLANNING_COMMISSION MEETING. MARCH 27, 1991 PAGE 4 December meeting, the Planning Commission discussed the possibility of placing a covenant restriction against the addition requiring that the addition always be used as warehouse space. There still is the possibility if the other part of the building changes to a manufacturing use that parking is going to be tighter, but now there is the back portion of the lot to accommodate six additional spaces. Before this item goes to City Council, staff will analyze the parking requirements. If the addition is reserved for storage use only, the petitioner might be able to meet the parking requirements. That would also give the petitioner some flexibility in a resale. Ms. Sherek stated another question is: Realistically, is there a stormwater detention problem in this specific area of the City? When she looked at the property in December, she did not think that detention would be a problem and would not be a nuisance to someone else. She would be in favor of letting Mr. Martinez expand his building with the restriction of the use on the expansion, but staff should make sure that they are not facing any potential water problems with the additional lot coverage. Mr. Betzold stated he is uncomfortable passing this on to Council without more information on the water detention and retention; however, if staff does find a problem, he would like the special use permit to come back to Planning Commission. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:55 P.M. Mr. Saba stated he would be in favor of recommending approval of the special use permit with a stipulation regarding the covenant restriction on the addition and that the drainage issue be reviewed for any potential problems. He stated Mr. Martinez has done what the Planning Commission asked him to which was to review his proposed plans and try to come up with a compromise. Ms. Sherek stated Mr. Martinez has made a reasonable attempt to accommodate the Commission's and City's concerns, and the Commission should make a reasonable attempt to accommodate Mr. Martinez. MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #90-18, by Humberto Martinez, per Section 205.18.03.C.(4) of the Fridley City 7.3 PLANNING COMMISSION MEETINQ, MARCH 27, 1991 PAGE 5 Code, to allow the lot coverage to be increased from 40$ maximum to 44� maximum on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E., with the following stipulations: 1. A covenant restriction be placed on the property that any future use of the expansion be for warehouse use only. 2. If the City Engineering staff finds any major water retention problems created by the parking situation, then the special use permit will again be reviewed by the Planning Commission. IIPON A VOICE VOTE, ALL VOTING AYL, CHAIRPERSON BLTZOLD DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. McPherson stated the variance request and special use permit request will go to Council on April 8, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-04, BY DAVID AND SHERI McCAIN, PER SECTION 205.24.04.(D? OF THE FRIDLEY CITY CODE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE IN THE CRP-2 L,FLOOD FRINGE) DISTRICT ON IATS 17-20 BLOCK T RI�IERVIEW HEIGHTS THE SAME BEING 689 FAIRMONT STREET N.E. MoTION by Ms. Modig, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICL VOTE, ALL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated the special use permit request is to allow the construction of an addition to a single family home in the CRP-2 Flood Fringe District. The property is zoned R- 1, Single Family Dwelling, as are the properties to the north, south, east, and west. Currently located on the property is a single family dwelling unit and a 12 ft. by 20 ft. accessory structure. Ms. McPherson stated that on March 12, 1991, the Appeals Commission recommended approval of a variance request to reduce the front yard setback from 35 feet to 24 feet for the proposed addition, with the exception of the garage area of the addition. Ms. McPherson stated the proposed addition will include a two car garage, two bedrooms, and a living area. The building will not have a basement, but will have a crawl space. This 7.4 PLANNING COMMISSION MEETING. MARCH 27, 1991 PAGE 6 is typical of many of the dwelling units in the Riverview Heights area. Ms. McPherson stated the proposed elevation of the first floor is 824 feet, which is one foot above the flood elevation of 823 feet. Staff is suggesting that an elevation certificate be completed to verify that the addition is above the required elevation. Ms. McPherson stated the proposed addition falls within the required lot coverage and meets all setback requirements except the front yard setback. The petitioner has indicated he will remove the existing shed once construction of the addition has been completed. The Code also requires a hard surface driveway once the structure is completed. Ms. McPherson stated staff recommends the Planning Commission recommend to City Council approval of this special use permit with three stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. 2. The petitioner sha11 complete and record against the property a hold harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3. The petitioner shall provide a hard surface driveway by November 1, 1991. Mr. McCain stated they are in agreement with the three stipulations. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:06 P.M. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of 5pecial Use Permit, SP #91-04, by David and Sheri McCain, per Section 205.24.04.(D) of the Fridley City Code, to allow the construction of an addition to an existing house in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E., with the following stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. 7.5 PLANNING COMMISSION MEETING. MARCH 27, 1991 PAGE 7 2. The petitioner shall complete and record against the property a hold harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3. The petitioner shall provide a hard surface driveway by November l, 1991. IIPON A VOICE VOTE, ALL VOTING AYS, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the variance request and special use permit request will go to City Gouncil on April 8, 1991. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #91-05, BY RANDALL P. OLCHEFSKE OF RIVERSIDE CAR WASH, PER SECTION 205.14.O1.C.6 OF THE FRIDLEY CITY CODE TO ALLOW THE EXPANSION OF A MOTOR VEHICLE WASH ESTABLISHMENT ON TRACT D REGISTERED LAND SURVEY NO. 19 THE SAME BEING 6520 EAST RIVER ROAD N.E. MOTION by Ms. Modig, seconded by Ms. 3avage, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON BETZOLD DECLARED THS MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:08 P.M. Ms. McPherson stated the special use permit request is to allow the expansion of Riverside Car Wash. The car wash is located at the northwest corner of the intersection of East River Road and Mississippi Way. Ms. McPherson stated that on March 12, 1991, the Appeals Commission recommended approval of a variance request to reduce the front yard setback from 35 feet to 19 feet. Ms. McPherson stated the petitioner is proposing to remove an existing portion of the car wash, which is to the rear (west) of the building, and construct an addition which would include an area for customers' cars to be vacuumed and windows cleaned on the inside. The proposed addition would have the ability to be totally enclosed during inclement weather and during the wintertime. The proposed expansion will continue the existing line of the mansard roof. The petitioner is proposing to change some of the roof top equipment and screen it along with the construction of the new roof on the addition. Ms. McPherson stated the proposed addition does not alter the traffic patterns on site, nor does it impact traffic along Mississippi Way or East River Road. It will not affect the �■� PLANNING COMMISSION MEETING. MARCH 27, 1991 PAGE 8 existing landscaped areas, and the site has been fully landscaped. Ms. McPherson stated parking requirements are met through a permanent easement area along the west property line on the property to the north. Ms. McPherson stated staff recommends the Planning Commission recommend to the City Council approval of this special use permit, with the stipulation that the variance request shall be approved. Mr. Olchefske stated he has owned the Riverside Car Wash for 13 years. He has washed over one million cars since the car wash was built in 1969, and he takes pride in providing this service to Fridley residents. Mr. Olchefske stated there is not a full service car wash in Fridley, but there are full service car washes in the cities surrounding Fridley: St. Louis Park, Coon Rapids, New Brighton, St. Anthony, and Brooklyn Center. By not having a full service car wash in Fridley, they are forcing Fridley residents to other cities that have that service, and he wants to be able to offer that service to the Fridley community. Mr. Betzold asked Mr. Olchefske if he anticipated any problem with the traffic flow through the site with the addition. Mr. Olchefske stated he has been thinking about this addition for more than a year. He stated he has marked out the area where the addition would be and placed barrels there to make sure the traffic flow would work. He stated it is a little on the tight side, but it is functional. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED TiiE MOTION CARRIED AND THE PUBLIC BEARING CLOSED AT 8:12 P.M. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval Special Use Permit, #91-05, by Randall P. Olchefske of Riverside Car Wash, per Section 205.14.O1.C.6 of the Fridley City Code, to allow the expansion of a motor vehicle car wash establishment on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E., with the following stipulation: 1. Variance request, VAR #91-05, shall be approved. 7.7 PLANNING COMMISSION MEETING, MARCH 27, 1991 PA6E 9 IIPON A VOICE VOT$� ALL VOTING AYE� CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the variance request and special use permit request will go to City Council on April 8, 1991. 4. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND SURVEY, P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP TO REPLAT THAT PART OF THE SOUTHEAST 4UARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING SOUTHERLY OF THE SOUTH LTNE OF LOT 50, BLOCK J. RIVERVIEW HEIGHTS, ANOKA COUNTY, MINNESOTA, AND THE EASTERLY EXTENSION OF SAID SOUTH LINE, WESTERLY TO THE SOUTHERLY EXTENSION OF THE CENTER LINE OF EAST RIVER ROAD AS SHOWN ON SAID PLAT (NOW KNOWN AS COUNTY STATE AID HIGHWAY NO. 1�, AND EASTERLY OF A LINE DRAWN FROM A POINT ON THE EAST LINE OF LOT 2 BIACK 1 WAYNE'S FIRST ADDITION DISTANT 1.50 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID LOT 2 TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST 4UARTER OF THE NORTHWEST QUARTER DISTANT 45.00 FEET EAST FROM THE SOUTHEAST CORNER OF SAID IAT 2. THAT PART OF LOT 50 BLOCK J RIVERVIEW HEIGHTS LYING EAST OF A LINE DRAWN PARALLEL TO AND 150 FEET EAST MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 13 REVISED AUDITOR'S SUBDIVISION NO. 103 ANOKA COUNTY MINNESOTA ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF DEEDS IN AND FOR SAID ANOKA COUNTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E. MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:15 P.M. Ms. McPherson stated this property is located at the southwest corner of the intersection of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-1 zoning to the north. The properties to the west are zoned R-1, Single Family, and PUD, Planned Unit Development, on the property to the east. Ms. McPherson stated that the City processed a lot split, L.S. #87-03, in 1987 to realign the west property line of the subject parcel with an existing fence located to the rear of the gas station. After an extension to record the lot split was granted by the City in 1988, the property was sold. In attempting to record the legal description, the County recommended a registered land survey be processed. �� PLANNING COMMISSION MEETING. MARCH 27, 1991 PAGE 10 Ms. McPherson stated the proposed Registered Land Survey will create four parcels: Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C will be deeded to the property owner to the west. To correct an error in the staff report, the lower portion of Tract C is actually abstract property and has been recorded while the main triangle is torrens property and will be recorded after the Registered Land Survey is recorded. Ms. McPherson stated the property does meet the lot area requirements for the C-1, Local Business district regulations. There are several autstanding stipulations from the 1987 lot split approval that should be applied to this request. Ms. McPherson stated staff recommends the Planning Commission recommend to the City Council approval of the Registered Land 5urvey with the following stipulations (#1, #2, and #6 are remaining from the 1987 lot split requestj: 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous owner. Mr. Steve Bruns stated that the property is now known as East River Road Texaco and the owner is Donald Kisch. He stated his firm was hired by Title Insurance Company who attempted to record the documents at Anoka County but were unable to do so and were asked to get a Registered Land Survey. Mr. Bruns stated he is concerned with the first two stipulations. These two stipulations were unknown to the new owner or the title company or anyone else when the property was purchased; in fact, the original approval of the lot split, at least as it appears on the deeds, was without conditions. He stated they are in agreement with the other stipulations. 7.9 PLANNING COMMISSION MEETING. MARCH 27, 1991 PAGE 11 Mr. Bruns stated he was unable to contact Mr. Kisch, but he did talk to the station manager. He did not believe the dumpster will be a problem, although it is going to require the buyer to spend additional monies for things he was not aware of just to get the documents recorded from the closing last November. Regarding the curbing, there has been some discussion about improving the site to add a bay car wash. If that is the case, the curb stops wauld have to be moved. Ms. McPherson stated she did speak with the survey company the previous week regarding the code requirements for setbacks. There was talk of a car wash at that time, and she did send them information on the special use permit process. Ms. Dacy stated that when Bernadette Benson was trying to sell the property last summer and prior to the closing, she wrote Ms. Benson a letter dated July 16, 1990, regarding the outstanding stipulations. If the stipulations were not on the lot split, then they were made part of the special use permit, SP #84-16. If the seller did not tell the buyer about these conditions, then the buyer might want to approach the seller about them. Ms. Dacy stated that if the owner is considering adding a car wash, a rezoning will be needed from C-1, Local Business, to C-2, General Business, plus a special use permit. If the owner wants to find out about those processes prior to making an investment on the curbing, he could discuss it with staff and establish some timeline for compliance. Also, if the owner does not want to comply with these stipulations, he can request a rehearing of the special use permit and try to get the stipulations changed. MOTION by Ms. Sherek, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINC AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC SEARING CLOSED AT 8:26 P.M. MoTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of Registered Land Survey, P.S. #91- 02, by Steven Bruns for Midwest Super Stop to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly to the southerly extension of the center line of East River Road, as shown on said plat (now known as County State Aid Highway No. 1), and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the 7.10 PLANNING COMMISSION MSETING, MARCH 27, 1991 PAGE 12 northeast corner of said Lot 2 to a point on the south line oF said Southeast Quarter of the Northwest Quarter distant 45.00 Feet east from the southeast corner of said Lot 2. That part of Lot 50, Block J, Riverview Heights, lying east of a line drawn parallel to and 150 feet east, measured at right ang2es from the west line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road N.E., with the following stipulations: 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous owner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE FEBRUARY 19, 1991, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the February 19, 1991, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE MARCH 7 1991 HUMAN RESOURCES COMMISSION MINUTES• MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the March 7, 1991, Human Resources Commission minutes. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 7.11 PLANNING COMMI88ION MEETING. MARCH 27, 1991 PAGE 13 7. RECEIVE MARCH 12 1991 APPEALS COMMISSION MINUTES: M TION by Ms. Savage, seconded by Mr. Sielaff, to receive the March 12, 1991, Appeals Commission minutes. IIPON A VOICL VOTE� ALL VOTING AYL, CHAIRPERSON BETZOLD DECLARED T$E MOTION CARRIED IINANIMOIISLY. 8. RECEIVE MARCH 26. Z991. APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the March 26, 1991, Appeals Commission minutes. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Saba, seconded by Ms. Sherek, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the March 27, 1991, Planning Commission meeting adjourned at 8:35 p.m. Res ectfully sub 'tted, -� � � L Lyn Saba Recording Secretary 7.12 r _ � _ J DATE: TO: FROM: SUBJECT: Community Development Department PL�NG D�SION City of Fridley April 4, 1991 � � . William Burns, City Manager �• Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #90-18, by Humberto Martinez Attached please find the above-referenced staff report. The special use permit request is to allow an increase in the allowable lot coverage by 4�, from 40� to 44�, at 7786 Beech Street N.E. The Planning Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The petitioner shall sign a restrictive covenant limiting the use of the addition to the warehouse. Staff recommends that the City Council deny the request, as it does not meet the standards outlined in Section 205.18.03.C.(4) of the Fridley City Code. MM/dn M-91-239 i � � STAFF REPORT APPEALS DATE C!� OF PLAI�IING CON�AISSION DATE : December 12 , 1990 ; March 27 , 1991 FR( DLEY CITY COUNCI� DATE : Apr i 1 s, i 9 9 i au� MM/ dn I REQUEST PERMIT NUMBER APPLICANT ' PROPOSED REQUEST LOCATION SITE DATA S1ZE DENSITY PRESENT ZONING ADJACENT LANO USES & ZONING i �S PARK DEDICATION ANALYSIS FiNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZON�1G ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�90-18 Humberto Martinez To increase the allowable lot coverage by 4Z from 40�Z to 44%. 7786 Beech Street N.E. 14,320 square feet M-2, Heavy Industrial M-2, Heavy Industrial to the south, north, west, and east Yes Yes Denial Approval SP ��90-18 Humberto Martinez T.30 R.24 �T,��..�,��.5, rwr �vor„a a� n�c ,,�+oa� couMr ' ' oMrC[t Af�EC'►IMG rlrE ARE. fNOwv iN6 ORA WING K TO I[ USFD u�� ;,7q FR /D L E Y REfERfNCf ►(/Ypj(S AMp I/�[ Gp1/MY A NOi RF31qM.y@E fOR ANY q1:^ . 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I �� 43 7.15 �H "� ;- NUE N ,F N.E., . !/;� i ) ��6 'i e` � �� •,�- �L ./7 ��1 1 �/7 s • 3 L �. ip ..?ti ''i6 � 1 a'.��6'/�J iy q. ,.;y ,F � • 1p � �.,.IG '•a5 b7G S ��'� ,{N Ii i � .,s7%�i 6: i " - dz,.. , zz • - - l • S � . 13 . � E !' . �'s'13 .. . � f__ �° ' W =t r 9 z.�- s 1j� � ` �z�wi � • 1s .. � r � : zJl�4 �� io a'( o, , ��, ' zs ,,.,�,�; W zE j� i �, � .� p - « � .� - •L - -- � 'y^.\� . : 44 LOCATION MAP � �� i ■ a�3rs.:; ` V . 0 1e:= . � 1� } l� � 4 `'� �:;;��•�e �� . a �' : SP 4�90-18 Humberto Martinez �i �: �.�''- i' � •��. Z • • • • Q ��39 ��• � �•� � . • lrb� � � •',��. .'.'� > • • 6 • • �G . • • • • .�7 • • • • • � .r,w.�.w.� � . �i �. �''� �;� %,'LLJ l// / �, � i\� ��/. ��/ ZONING M�0►P Staff Report SP #90-18, Humberto Martinez Page 2 Request The petitioner, Humberto Martinez, is requestinq that a special use permit be granted to increase the allowable lot coverage by 10�, from 40� to 50� maximum. This would allow Mr. Martinez to construct a 3,500 square foot addition to his existing building located on Lots 1 through 5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. The petitioner has also applied for several variances in order to construct the addition which the Appeals Commission recommended denial of to the City Council. Site Located on the property is a two story single family dwelling unit which is attached to a concrete block building which is used as an assembly and warehouse facility. To the rear and side of the property is a fenced storage area, which the petitioner is proposing to enclose. The property is zoned M-2, Heavy Industrial as are the surrounding properties to the north, south, east, and west. Analysis The City Council recently adopted Section 205.18.03.C.(4) which would allow a 10� increase in lot coverage with a special use permit. The code section sets forth two standards which should be evaluated prior to the issuance of a special use permit: 1. For existing developed properties, the total amount of existing hardsurface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. in this particular request, there would not be a reduction in building and parking coverage. The petitioner is proposing to increase the lot coverage by 10� and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, stvrm water management, and landscaping. Currently, the use of the building requires seven parking spaces based on the various parking ratios outlined in the City's zoning code. However, if the use should change and the amount of manufacturing square footage increases, the property would not be able to provide parking for more than ten cars if the proposed addition is constructed. In addition to lack of available parking 7.17 Staff Report SP #90-18, Humberto Martinez Page 3 area, the amount of green space which remains would not be adequate to provide area for storm water retention or detention basins, and would decrease the amount of area that water would be able to infiltrate into the soil. There is also currently little area on the site for landscaping and green space. Recommendation and Stipulations for December 12. 1990 As the property would not fulfill the standards outlined in Section 205.18.3.C.(4).(a-b), staff recommends that the Planning Cammission recommend denial of the request to increase the allowable lot coverage by 10�, from 40$ to 50� to the City Council. Revised Request Per the Planning Commission's recommendation, the petitioner has submitted a new site plan which reduces the maximum lot coverage from 50� to 44�. The petitioner still needs a variance to reduce the side yard setback from 20 feet to 0 feet. Though this request has less of an impact on the site than the original request, there is still the possibility that this request would be over-building the site. The proposed expansion would maintain a 32 foot rear yard setback, where a drainage/retention pond could be maintained. However, if the use of the building changed to primarily manufacturing, this same area would need to be used to provide additional parking. Recommendation The site with the new proposal would not meet all the standards outlined in Section 205.18.03.C.(4)(a-b). Staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage from 40� to 44� to the City Council. Planninc� Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: l. The petitioner shall sign a restrictive covenant limiting the use of the addition to the warehouse. Staff Report Update The Planning Commission directed staff to research the parking and drainage issues further. The parking needs for specific uses are as follows: 7.18 Staff Report SP #90-18, Humberto Martinez Page 4 Square Feet Existing: 4,860 Addition: 1,440 Warehouse 2.43 .72 Manufacturinq 12.15 3.6 Office 19.44 5.76 Total 6,300 3.15 15.75 25.20 If the building were to change use to manufacturing, 16 spaces would be required. The site could only provide 13 spaces. Storm water would either collect in the southwest corner of the property if the rear yard remained unpaved, or would flow into the 78th Avenue if it were paved. The storm water system would then dispose of the runoff. City Council Recommendation Staff recommends that the City Council deny the request as it does not meet all the standards outlined in Section 205.18.03.C.(4).(a- b) . 7.19 a� 3 C > Q t � Q0 ti W C ,-----� � 0 � m �-----, ` Z � � Beech Street i� =� °° --- � � .� m w � � � w � � w � %r� m � � � � � � __ � _ _ _ _ _ __ __� � � , I � ' ► i , , I � , � � � Z _� �,_ � 0 7.20 NEW SITE PLAN ` 'c,riy Qt'" ' .r�t '�'' `� " �ic,�Vtf/' 6431 L�IIVERSITY AVENpE N.E. FRIDLEY, I�IIJ 55432 (612) 571-3450 c�� n ni ��• �- - •� �� a� �� .� .��ii c�� BP�7CI�L USE PEii�IIT AP�'t�C�TI�i I� PRDPERTY II�O�TT�i - site plan required : for su]�nittals: see attac�ed Address: _ �✓IP`%�P �J� �Z�CY�e�"' . , y� � t. � ... . . �� MW�Ll��li� �. .. " 4 '- C , ' �.. .:. .. � � � �S�- C:urrent zonir�g: BZOG�C (,1( '�'Y"dG'�/AC�lt].a11 � �. ��'Y " Square. footage/acr�eage � _./ . � ._ .., n n r a. R�ason for special use Section of City Qode:. F'EE OiWi�It II�II��O�i2MATIaQd (C7ontract Purc�sers: Fee � moust sign this form prior to proo�essir�g} N1�ME �v w�;�+ct� �[ c�-� v� e--L • � �;- �. ' , . , !� r, r - Z DAYT.II� PHONE S'? 1� 2� �ATE ! r - ! �f ��r Li NAME �a�-w�,e�i � a�i • �i,•.?. �s�'�I 1 1 � �s � � $IQ+�1`T[JF�: I�'�. Fee: $Z00.00 ?C $100.00 for residenti.al seoorxi aocessozy buildirigs P�erau.t SP # Q'� r%� Reoeipt # ,3 ��D 3 Application Y�eo�ived by: scneaulea Planning voa�ai.ssiori aat�e: rv� 1�•'�o Scheduled City �on.uicil datre: _ - 7.21 SP 4� 90-18 Humberto Martinez y� . City Council Members Donald Betzold I60] N. Innsbruck Drive �F'259 Fridley, MN 55432 Hturberto Mart�inez �7786 Beech Street N.E. �Fridley, NN 55432 Fmger Forslund 7831 Hickonr S�t�et N. E. Fridley, rIlJ 55432 S and S Tool, Inc. �7800 Beech Street N.E. ; E�idley,� M�t � 55432 Elm Street Associate 7800 Elm Street N.E. Fridley, NN 55432 i�ynard Edson 5190 Buchanan street rr. E. Minneapolis, N�1 55421 Maynard Eds� 7805 Beedl. Stre�t N. E. Fridley, NN 55432 Ronald S�mith_ 7795 Beec� Str�t N.E. Fridley, NN 55432 11 MAILING LIST Planning Council Imnald Smith. . 6492 Rivervia�r �rraoe rI,E. k�idley, NN 55432 Brooklyn �ool 7775 Beech Street N.E. F7idley, M1 55432 k v./ P K Pm�perti.es 7775 Beech Street N.E., Fridley�, 1dN 55432�� ' / Dyno Fi.ve Ccenpany 7733 Beei�i_ Street N.E. Fri:dley, NY1 55432 Dyno Five C3�ipanX 8333 Sunset R4ad Minneapolis, NN 55432 Daniel NeLson 7713 �eedi Street N.E. Fridley, N�d 55432 Hauser QI. Cbxp Suilding 55 --- 77th. tnIa�,r N.E. �idley, NN 55432 Lesli.e IC�hc-tnelc 25335 Hasson �?arkHtay Rogers, I�TT 55374 7.2 � 11/26/90 , 2/22/91 Clan,tis, Inc. 721 - 2nd Avenue North Minneapolis, 1�1 55405 Gar�' Lir.i�org 774Q Beech Stre�t v.E. Fridley, MZ 55432 Action Patt�ern 7714 3eech Street N.E. Fridley, NN 55432 James Gilbertson 7714 Beech Street N.E. Fridley, P'N 55432 Kenneth Ekberg 7790 Elm Street �I. E. Fridley, NN 55432 Ar�ders� and Hetland 7760 E1m Street N.E. Fridley, NN 55432 Hetl.and Ar�exsoa� 7753 Beech Street N.E. Fridley, NN 55432 Htmiberto Suar�z 7786 Beech Street N.E. Fridley, NN 55432 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 13, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 18, by Humberto Martinez, per Section 205.18.03.C.(4) of the Fridley City Code, to allow the lot coverage to be increased from 40� maximum to 44� maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. Any and a11 persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 27, 1991 March 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.23 CITY OF FRIDLEY pLANNING COMMISSION MEETIN(s, DBCEMBBR 12� 1990 CALL TO ORDER• Chairperson Betzold called the December Commission meeting to order at ?:30 p.m. ROLL CALL: Members Present: Members Absent: 12,� 1990, Planning Don Betzold, Dean Saba, ue Sherek, Diane Savage, Paul Dah erg Dave Kondrick, Conni Modig Others Present: Barbara Dacy, Pla ing Coordinator Michele McPherso , Planning Assistant Humberto Martin z, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 14 1990 PLANNI G CO ISSION MINUTES: MOTION by Ms. Sherek, seco ed by Mr. Dahlberg, to approve the November 14, 1990, Plannin Commission minutes as written. LTPON A VOICE VOTE, ALL THE MOTION CARRIED UNAN 1. 2. AYE, CHAIRPER80N BLTZOLD DECLARED �Y . PUBLIC �I�AKING: C:VPl51U�KA'1'1Viv vr r� nr.uv..."..s �� - CRYSTEEL TRUCK UIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north alf of the northeast quarter of the southwest quarter of ction 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast arter of the southwest quarter, from M-1, Light Industri , to C-2, General Business, the same being 1130 - 73rd Av ue N.E. `>' U�' DY VnZJ1GP�L ln�+�a� u v.a.�+-+++.�+. � Per Section 205.17.01.C.(11) of the Fridley City Code, to al ow exterior storage of materials and equipment on that part o the east 225 feet of the west 475 feet of the north half f the northeast quarter of the southwest quarter of Sectian 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast qUarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. 7,24 Ms. Dacy stated that the petitioner has ested that these two items be tabled until Janua , 991. MOTION by Ms. Sherek, se ded by Mr. Saba, to table rezoning request, ZOA �90-0 nd special use permit request, SP #90- 19, by Crystee ruck Equipment until January 9, 1991. UPON OICE VOTE�' ALL VOTING AYE� CHAIRPERSON BETZOLD D D THE MOTION CARRIED ONANIMOIISLY. 3. PUBLIC HEARTNG: CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ: Per Section 205.18.03.C.(4) of the Fridley City Code, to allow the lot coverage to be increased from 40� maximwn to 50� maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. MOTION by Ms. Sherek, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE DOTE, ALL VOTING AYE, CHAIitPERSON BET20LD DECLARED '�HE MOTiON CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the petitioner is requesting a lot coverage increase from 40$ maximum to 50� maximum. This increase would allow the petitioner to construct a 3,500 sq. ft. addition onto the existing building. The property is zoned M-2, Heavy Industrial, as are the properties surrounding this property. Ms. McPherson stated a two story single family dwelling unit is located on the property. This dwelling unit is attached to a concrete block building which serves as a warehousing and assembly facility for Mr. Martinez' business, which is Food Process Control. An existing fenced outdoor storage lvcated to the rear and side yards is where the petitioner is requesting to construct the addition. Ms. McPherson stated the City Council recently adopted an ordinance amendment which would alZow a 10� increase in lot coverage in industrial districts with a special use permit. There are two standards that need to be evaluated prior to the issuance of a special use permit. Those standards are: 1. For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. Tn this particular request, there would not be a reduction in building and parking coverage. The 7.25 PLANNING COMMISSION MEETING DECEMBER 12 1990 PAGE 3 petitioner is proposing to increase the lot coverage by 10� and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met including, but not limited to, parking, storm water management, and landscaping.. Ms. McPherson stated that the building currently requires 6.89 parking spaces based on the warehousing and manufacturing ratios outlined in the M-2 district regulations. However, there is always the chance that this particular use could change and a use higher in manufacturing or office space than warehousing spac� could change the required amount of parking needed for this property. Currently, there is an area for approximately 10 cars to park on the driveway which fronts Beech Street. However, if more than 10 spaces were required by the ordinance, there would not be adequate area with the proposed addition for those additional spaces. In addition, the proposed addition would greatly reduce the green area or open space available on site which would be normally used for storm water detention and area for.water to infiltrate the surrounding soil. As this building exists, there is little or no area for landscaping and green space. Ms. McPherson stated staff is recommending that the Planning Commission recommend denial of this special use permit as the request would not meet the standards outlined under Section 208.18.03.C.(4).(a-b) of �the Zoning Code to allow a 10$ increase in the maximum lot coverage. Mr. Dahlberg stated asked if staff has looked at this request from the standpoint of a lesser increase in maximum lot coverage so that if the Commission recommends denial, would the petitioner still have the ability to potentially add onto this property? Ms. McPherson stated that currently the building does not meet the 40% lot coverage. The petitioner could add about 1,900 sq. ft. to increase the lot coverage to 40� without a specia� use permit. Staff has not discussed that option with the petitioner. Ms. McPherson stated that in order for the petitioner to expand the building to the 50� lot coverage as requested, the petitioner did go to the Appeals Commission for several variances to reduce the side and rear yard building setbacks. The Appeals Commission did recommend denial of those particular variances to the City Council. Even though she had not done a specific analysis, the 1,900 sq. ft. addition to come to the 40% lot coverage may also require some type of variances. Mr. Humberto Martinez stated he is presenting his request to expand his building because he needs to get the materials needed for his business inside. These materials which are used in the processing 7.26 PLANNING COMMISSION MEETING, DECEMBER 12, 1990 PAGE 4 plants he services are relatively expensive, and these materials have been stolen from the storage area, even though it is fenced. Mr. Martinez stated this is a very old section of Fridley, and the lot sizes do not and cannot conform with the existing codes. His property was originally two lots. His neighbor to the south has only about 9,600 square feet or 30� of the lot remaining in open space. This neighbor has also built right up to the lot line. He is proposing to build 8 feet from the lot line. Mr. Martinez stated his addition is not going to cause any parking problems. He will have adequate parking for his business. There will be adequate space for fire trucks to access the building. Most importantly, he needs to save his business from these thefts. Mr. Betzold stated that if this special use permit is granted and this addition is added to the building to accommodate Mr. Martinez' present business, it might be very difficult for Mr. Martinez to sell the buiZding in the future, because there might not be enough parking spaces for a change in use of the building. He asked Mr. Martinez if he realized that he could be stuck with a building that he could not sell. Mr. Martinez stated he understood that. Any potential buyers would have to see that there are limitations on the use of this building. He purchased this building four years ago and does not plan any change in the use of the building. Ms. Dacy stated the Onaway Addition has been platted since 1911. A number of the buildings in this area were constructed in the late 1950's and 1960's. For the Stock Roofing special use permit request that the Planning Commission evaluated last summer, staff did an analysis for the petitioner on the number of variances granted just in this particular area. Setback variances have been granted for almost every property; and, as Mr. Martinez said, a number of the buildings in this area have been built to the zero lot line. Ms. Savage stated there are alternatives to controlling theft in outdoor storage areas. One way is to install a type of moving alarm system. If the petitioner was able to control the problem of theft, would he be able to continue keeping the materials outside? Mr. Martinez stated an alarm system is certainly something to consider; however, in the wintertime, these materials freeze. He has been renting trailers to keep some of these materials inside. Mr. Martinez stated that if he is kept to the setback restrictions and lot coverage, he would only be able to add about an 8 foot strip to the rear and sides of his building. That is not very feasible, because of the high cost of construction. �■�� PLANNING COMMISSION MEETING DECEMBER 12 1990 PAGE 5 Ms. McPherson stated Mr. Martinez could construct a 1,951 square foot addition to bring the building to 40� lot coverage. This is a little more than 1/2 of the size proposed by Mr. Martinez. However, variances may still be needed. Mr. Dahlberg asked Mr. Martinez that if he is allowed to build an additional 1,951 square feet (40� lot coverage) and is able to get the necessary variances, would that size an addition be sufficient to meet his needs? Mr. Martinez stated he has not given it much thought. He stated he is definitely willinq to meet with staff and find out what is the maximum size addition he can build that is economically feasible. Mr. Saba asked Mr. Martinez if he has considered off-site storage. Mr. Martinez stated he has had to store materials off-site in the past, and it is not good for his business. The reason he purchased this building is so that he could have all his materials stored on- site. With his type of business, when the customers need parts, he needs to access those parts immediately. Mr. Saba stated that sometimes it is necessary for a business that has limited space to either look at off-site storage of some inventory or look into purchasing another building. He stated the City would like to accommodate Mr. Martinez as much as possible, but they also want to keep properties, even properties in the older sections of the City, as close to meeting codes as possible. Mr. Betzold stated he agreed with Mr. Saba. He definitely had a problem with going to 50� lot coverage. Mr. Martinez stated he is willing to rework his plans with staff and see if there is some reasonable alternative. However, he did have some questions about other buildings in the area that have been allowed to build to zero lot line and have gotten variances for setbacks and lot coverage. MOTION by Ms. Sherek, seconded by Mr. Saba, to table special use permit, SP #90-18, by Humberto Martinez, to allow the petitioner time to work with staff on expansion alternatives. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. REGEIVE THE OCTOBER 16 1990 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: �� MOTION by Mr. Dahlberg, seconded October 16, 1990, Environment minutes. 7.28 �+ir!Saba, to receive the ity and Energy Commission PLANNING COMMISSION MEETING, DECEMBER 12. 1990 _ PAGE_6 5. C� 7. 8. IIPON A oOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MINUTES: MOTION by Ms. Sherelc, seconded by Mr. S�,15a, to receive the November 1, 1990, Human Resources Commi�ion minutes. IIPON A VOICE VOTE, ALL VOTING A DECLARED THE MOTIQN CARRIED IINANIMOI COMMISSION MINUTES: Y. CHAIRPERSON BETZOLD MOTION by Mr. Saba, seconded b Mr. Dahlberg, to receive the November 7, 1990, Environmenta Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL OTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRI IINANIMOIISLY. AUTHORITY MINUTES: MOTION by Ms. Savage seconded by Ms. Sherek, to receive the November 8, 1990, H sing & Redevelopment Authority minutes. IIPON A VOICE VO , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOT N CARRIED IINANIMOIISLY. RECEIVE THE DE MBER 4 1990 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Saba, to receive the December 4, 990, Appeals Cominission minutes. IIPON A VO,�CE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED 'D�iE MOTION CARRIED QNANIMOIISLY. ADJOURNMENT• MOTION by . Dahlberg, seconded by Ms. Savage, to adjourn` the meeting. pon a voice vote, all voting aye, Chairperson Betzold declared e motion carried and the December 12, 1990, Planning Commissi adjourned at 8:20 p.m. Res�pect,�ully suY�mitted, Saba � ing Secretary 7.29 � r �►► � J Community Development Department PLa�NG DrvISION City of Fridley DATE: April 4, 1991 ,�! � � TO: William Burns, City Manager�. FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-04, by David McCain Attached please find the above-referenced staff repQrt. The special use permit would allow construction of an addition in the CRP-2 (Flood Fringe) district. The Planning Commission voted unanimousl.y to recommend approval of the request to the City Council, with the following stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. 2. The petitioner shall complete and record against the property a hold harmless agreement, waiving the City of any liability for allowing construction within in the Flood Fringe district. 3. The petitianer shall provide a hardsurface driveway by November 1, 1991. Staff recommends that the City Council concur with the Planning Commission's action. MM/dn M-91-241 � � STAFF REPORT APPEALS DATE C��F PLANNING COMMISSIUN DATE : March 27 , 1991 FRI DLEY CITY COI�ICIL DATE : Ap r i 1 8, I 9 91 AUTNOR �/ dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION �1TE DATA SIZE DEi�1�ITY PRESENT ZONING ADJACENT LAND USES 8� ZONING U1�ITIES PARK DEDICATlON ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONING ENVIRONMENTAL CONSlDERATIONS STAFF RECOMMENOATtON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�91-04 David McCain To allow construction of an addition in the CRP-2 (Flood Fringe) District. 689 Fairmont S.treet N.E. 11,000 square feet R-1, Single Family Dwelling R-�, Single Family Dwelling to the North, South, East, and West. Yes Yes Approval Approval � SP 4�91-04 Lavlu ri��. - ----��•.c.— - --� - -----r-rrT�a"y-�'""'�f"''��_—�_�� ,--7',r..- — -�--- 'M t ,�, REVISED AUDiTORS �v �O QQ � ' 3 O j � �� •,,�.� 3 ::r'' 4 '� J � ' • _.! 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R, M,r �` �_ i 1 f A�'� f- �; ,� � _ �.� r _ M '�.�.w _ . . � �E( " �� .�CIRCLEyr •��(�� • 'D� ¢ -� %'. 5S , .ti �a: ;•;• ' ,` ;�`� = _•CIRCLE :s.: .• ..t �a��' ._: � � s t.i''4';.�,,,:�� « i' ° ' ' .i "," ` .;sy ` 13� ,. 7 °.: a . _' .. ,. • �,. ��`- .. .._ A ;•v ` � ; � ` �� 7.32 LOCATiON MAP l i i i � � i ' � � ,.s��' , / � � .��t1 �i . ,.,-�.,. . ► � /� � � ��•' � '�'�� = �,.:�t � � ��i � � �. � . .i � .�.��.��►� . • i ►. ` • ,♦ , • �" �,: ao■ ; � : e�s �`�1� =, :::� �� 1' • :- .... .-. r � i�\ � �.,.:- '��i� ��,�'�a �� :,. � e .��• I � •:..■, � `'� ===== ��I `` T �• l� `. � � •� � � � �s �, ;,,�,�� ; � � � ,a� ,..r• s. /� SP ��91-04 David McCain O � � • , z: ` t+ � �� . �'� I � �' �� `�►" � �s-�� ,,,,,;� : �..�T .. • �p�,�, �� ..� � � �� ''� � t �� \ �� \ � ... •� �� /� � � v �� R� , ��` , . K �;,a 1� E Y �� R'� P LIBERTY � . . � � � z . �. • ..� ; ... . ��, , � •� y . . ..,, ,.,., � -� � � , � ' �� ` , ��R J �;,,. • �a . :, f :i�� Ri V E RV�4.�W \ ' �-' `�� ti ,�, .a. .� dy • . . .. � NE�GM'�� ' ' a�`f'• ' k � :I� �� .•,•, \ `' . • . �,� ' ',;3 Q � , ti � �` � �� , . ,, s, . ; . . \� �• � ,dp�3 �. • �'► < •+ ; '.: .,� •' � � r��'�-� a �5 A y `1r � • � , ,►�Vs q � �'�� e .�. � ��,, • � � �� ' � �. �� . , � �ti . e �P � . �. �`. _ `�` � . t '` ' � p� •.�'v \ or� � �.,1 0 1 : . ), t� P�' . ;�i� 7.3 3 ZONiNG MAP Staff Report SP #91-04, David McCain Page 2 Request The petitioner requests a special use permit to allow construction of an addition to a single family dwelling located within the CRP- 2(Flood Fringe) district. The request is for Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E. The petitioner has also applied for a variance to reduce the required front yard setback from 35 feet to 24 feet. The Appeals Commission, at their March Z2, 1991 meeting, recommended that the City Council approve the variance request. Site Located on the property is a single family dwelling unit and a 12' x 20' accessory building. The petitioner has indicated that the accessory building will be removed upon completion of construction of the addition. The property is zoned R-1, Single Family Dwelling, as are the properties to the north, south, east, and west. Analysis The petitioner is proposing to construct a 32' x 40' addition which will include a two car garage, two bedrooms, and a living room to the existing house. The proposed addition wi11 be a single story, and will not have a basement, but will have a crawl space beneath the structure as is typical of many dwellings in the Riverview Heights area. The proposed elevation of the first floor is 824, which is one foot above the flood elevation of 823. The petitioner should complete an elevation certificate once the addition is completed to verify that the first floor is above the required elevation. The proposed addition falls within the required lot coverage and meets all of the setback requirements with the exception of the front yard setback. The petitioner should provide a hardsurface driveway once the structure has been completed in accordance with the code requirements. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #91-04, to allow construction of an addition in the CRP-2 (Flood Fringe) District to the City Council with the following stipulations: 1. The petitioner shall complete certificate to the City. 7.34 and submit an elevation Staff Report SP #91-0�, David McCain Page 3 2. The petitioner shall complete and record against the property a hold-harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3. The petitioner shall provide a hardsurface driveway by November 1, 1991. Plannina Commission Action The Planning Commission voted unanimously to recommend approval of the request as presented to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7.35 SP #91-04 � � M s � � M j N �+ � �4 s -+ � - � h ti L u _ . � � � s .y V s � �� a �3 h � � � • � - lla, 0 7.36 SITE PLAN _ �- � r W _ � � } SP #91-04 David McCain •� a � �� o� ��i � o � � � FQ' � o �, i _ � �- � � e� o -. �i � — � _�� o �,� � o lJ .� r a' -� ; T � �o � -r • v N � � ° �� •-�� , � bn C.� .� i � _ 1 7•37 FLOOR PLAN i E �. � c t SP ��91-04 David McCain 7•38 ELEVATION � CI*py pF FrtmrFv 6431 �VE�ITY AVENUE N.E. FRIDLEY� I+IId 55432 (612) 571-3450 •� �i ii� �� c •� n a �_.� _ ■u a SPECIAI, IT� PF�ItI+IIT APPZ.IC�TI�T FORNI PRDPF�1.'Y II�ORt�TI�T - site plan required for submittals; see attached y~~~~ A�ress : �v �1 � jrz �r a �v.r- .�' N� � a��: /3,C ac% �'7" �� o �'s / �� q Zo /�, v�,� �.E �v /�r�y� �.r i,r.�ts/7/� /�'z� BlocJc � Tract/�oaz ��v�r d�E'iv /'�C�f��.� C�rrent zoniux�: ljeSie�f�i fia � square footage/acreage //. DO � R�son for special use permit: � Sc��o � o� �'%vo � p�a „v Sec,�tion of City Code: � . ��• r i . •� ,. ,� (Contract PUrrhasers: Fee Owners naast sign this fona prior to prooessing) NAME �/�i//Q -� `� �'jler�� .L . �1'% �C,g ��v ADI�SS �p ��t' /�g >,it nt o.v T S' T� c� r..n. �1:�I �� 7�'6 �o � >y � z iz 9l P£IrI'PIONII2 Il�L7I�'I'IadV ___.__..«_�� N�1ME ��'!� r��„i�? N ►• �• � i • • OAZ'E __�_____......_..�..��___�__�........��.r..._��_��_�_��......��_........_...._......____�__�__�_ Fee: $200.00 jC $100.00 for residential secoryd aooes.sory buildings P�ermit SP # C'�` � -' d' �/ ReoeiPt # � / ! � (� Application reoeived by: Scheduled Planning Coa�anission date: � �� l Scheduled City Cb�.incil date: �_�__......___.._.._�___��__��....�.,..,.�_��.,.,,....��_�........�..,...�_.r... _�........�.r.M.��_.._..�� 7.39 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 27, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 04, by David and Sheri McCain, per Section 205.24.04.(D) of the Fridley City Code, to allow the construction of an addition to an existing house in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: March 13, 1991 March 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.40 SP �i91-04 David and Sheri McCain Virgil Acker 630 Glencoe Street N.E. Fridley, MN 55432 Ronald Hilson 645 Fairmont Street N.E. Fridley, MN 55432 David McCain 689 Fairmont Street N.E. Fridley, MN 55432 Anna Wiebke b89 Fairmont StreeC N.E. Fridley, MN 55432 Kenneth Hopper 675 Fairmont Street N.E. Fridley, MN 55432 Kenneth Hopper 676 Fairmont Street N.E. Fridley, MN 55432 Planning 3/8/91 MAILING LIST Council William Wagner 681 Ely Street N.E. Fridley, MN 55432 Richard Cook 690 Fairmont Street N.E. Fridley, MN 55432 Jack Smith 640 Fairmont Street N.E. Fridley, MN 55432 Michael Scarcella 8090 Broad Avenue N.E. Fridley, MN 55432 Robert Kudla 688 Fairmont 5treet N.E. Fridley, MN 55432 Allan Stahlberg $055 Riverview Terrace N.E. Fridley, MN 55432 Michael Arman Robert Eastman 80b5 Riverview Terrace N.E. 641 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 William Super 190 Liberty Street N.E. Fridley, MN 55432 William Super 695 Fairmont Street N.E. Fridley, MN 55432 Michael Malone 635 Ely SCreet N.E. Fridley, MN 55432 Donald Lerum 651 Ely Street N.E. Fridley, MN 55432 Jean Werner 655 Ely Street N.E. Fridley, MN 55432 Richard Lincoln 681 Glencoe Street N.E. Fridley, MN 55432 John Rice 683 Glencoe Street N.E. Fridley, MN 55432 Chester Schack 685 Glencoe Street N.E. Fridley, MN 55432 Randy Robinson 635 Fairmont Street N.E. Fridley, MN 55432 Robert Fournier 8095 Riverview Terrace N.E. Fridley, MN 55432 7.4 y Robert Johnson 680 Glencoe Street N.E. Fridley, MN 55432 Forrest Wilson 670 Glencoe Street N.E. Fridley, MN 55432 Thomas DeMaree 640 Glencoe Street N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members r � � I Community Development Department PL,ANNING DIVISION City of Fridley DATE: April 4, 1991 �� To: William Burns, City Manager �' � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #91-05, by Randall Olchefske Attached please find the above-referenced ,staff report. The special use permit would allow the expansion of a car wash in the C-2, General Business district. The Planning Commission voted unanimously to recommend approval of the request to the City Council, with one stipulation: 1. Variance, VAR #91-05, shall be approved. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-91-240 e � �► STAFF REPORT APPEALS DATE Cj��F PLANNING COMMISSION DATE : March 27, 1991 F[� �L� CITY COUIVCIL DATE : Apr i 1 8, 19 91 AUTHOR MM/ dn REQUEST PERMIT NUMBER APPLICANT. PROP4SE0 REQUEST LOCATION �1T� DA�A S1Z E DENStTY PRESENT ZONiNG ADJAGENT LAND USES & ZONING UT�ffiES PARK DEDICATION ANALYSIS FINANC1Al fMPLICATIONS CONFORMANCE TO COMPREHENSlVE PLAN COMPATiBILITY WITH ADJACENT USES 8� ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP ��91-05 Randall Olchefske To allow expansion of a car wash in the C-2, General Business District. 6520 East River Road N.E. 28,700 square feet C-2, General Business District R-3, General Multiple Family DwelLing to the West and South; C-2, General Business District to the North and East. Yes Yes Approval Approval N �/2 SEC ��TY W � � � �� co�rY P � x � � f � . / \ / a � / � !e/ t .n a! SI �. � . � 'Jf . rin/ �� : S�' ' L�/ i� , -� �a� �, i � SP ��91—OS Randall Olchefske . /5, T. 30. R. 24 OF FR/OLEY �91 �� ; � �19 � 0 I I� � �. �� .� N • % t �_ `�_� lf� i�; � 14 .�-- �- . ,,.,,. .... __ LOCATtON MAP � � _ � � � � � I /� ., � :0 � �, �i� f i � � . ' 10 / f , / � � •� I I 1 � �� , n� f ' 1 � , , � � � �, ` �, 1 � ,\ � � ,1 � 1 , 1 ,i r I i � i , � `1 � �' �l i � t 1 i i i 1 � � ! / � ... . . ��.. . _ i L SP 4�91-05 Randall Olchefske .�' P A Z .� ' •� t 'I � N 1 y2� ■o ♦ ' � / � L 4 G 2 3 ZONING MAP Staff Report SP #91-05, Randall Olchefske Page 2 Request The petitioner is requesting a special use permit to allow the expansion of Riverside Car Wash Iocated at 6520 East River Road N.E. The petitioner is proposing to construct additional building area to accommodate the interior cleaning of customer's cars. The petitioner has also applied for a variance to reduce the side yard setback from 35 feet to 19 feet. The Appeals Commission at their March 12, 1991 meeting recommended that the City Council approve the variance request. Site The property is located at the northwest corner of the intersection of East River Road and Mississippi Way. The property is zoned C- 2, General Business. There is R-3, General Multiple Family Dwelling zoning to the west and south, and addition C-2 zoning to the north and east. The car wash was last expanded in 1987. Analysis The proposed addition would remove a portion of the existing building and would accommodate an area for employees to vacuum the customer's cars and also clean the interior of the car windows, ashtrays, etc., should the customer choose to purchase this option. The addition wouZd have the ability to be totally enclosed during times of inclement weather. The existing mansard roof would be continued around the new addition and existing rooftop materials would be changed and would also be screened once the construction is completed. The proposed addition would not alter the traffic patterns on-site, nor would it impact traffic on the public right- of-way. The proposed addition will not impact the landscaped areas and the site is fully landscaped. The parking requirements are met through a permanent dedicated easement on the property to the north and the proposed addition will not add additional required parking. Recommendation 5taff recommends that the Planning Commission recommend approval of the special use permit request, SP #91-05, to allow expansion of a car wash in a C-2, General Business district to the City Council with the following stipulation: 1. Variance request, VAR #91-05 shall be approved. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. 7.46 Staff Report SP #91-05, Randall Olchefske Page 3 Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7.4 7 .` -. . ]� 0� !� f� . : .... � ..,,. . .. � ., ■ : . �; �' . _; SP ��91-OS Randall Olchefske r-- e - r.----� i � i I IT � i I I � , I 1 I � I � � I � �-------� I I � , � i � i � i � n� 1 L� I �� / � / p � ____ _ ', .. � t I q j �• � 9 � � L--------� ,� �! � �, .� � � '� . -�j 1 ;� � � t : � � ii � o• � .� . i ,ij � : Q��i , w J..• � �: ; .: ! • L�= i ♦ �� _ �a.. i '' � � � o� t � SITE PLAN �CI'I'Y OF FRIDrIEY 6431 I�iIVE!?SITY AVIIBtJE N.E. FRIDLEX� rIIJ 55432 Qo[�maiity Develc�meTit Departrnent (612) 571-3450 ' :rN1• 1�:1: • :rS•. 1 M• •: ' • '� PtbDPIIt'1'Y II�RirII�TIO�i - site plan required for su�mittals; see attached H~wyHyH �S: _ �S�.o t�os � 2�V� /�aA,t�. Iegal description: T� p c i � %Lt�� - L D hib J v.2 uE= r f 1 �fi'#� ,5�5 S?U Lat Block Tract/Addition C�.irrent zoning: �: � Square footage/acre.age a c�3 � DV �CdNOi✓1 / L'.rc.n w✓.o L rLFaw�✓l e�s �fi� YLl/"b Reason for special use permit: �a�o�T,o�-aL JR�2 �i 4�'S, /Y•o c�r�i�d '�' l��rllD� c e,e�.��.�p� Section of City Code : �d �� L� o b� �', e( p �. - � FEE OWI�lt II�IDRMPi�IO�T ~~~�~� (Contract PuYr,hasers: Fee Ownexs na�st sign �his form prior to prooessing) r�r� �,� � b�U LL _� C��r,U t�fi� �� s /�v S"/ �-c� � ,� Lr� /v t✓. �G✓ ��lG �N /✓1�� nA� � �� /3o%r�l-�.�a � sic�� n� 9 __�..______��..�__�_�....__�______��___�..�__.�,�_�_.._�_��_��___..��..��____..__.. �z� n�o�zz�r � �ioNnA�-L f' �'�-e��'f f1C � �s /,� �I a o'� .0 v� � h/� /"L� (�-� � 2/ G�%O'� 1/�1N. SS1 f Z DAYTIME PHONE �i,3 �v - S/� b 1.� �%ol,. �� C.:U szc�zv� � � n�z� �/ 9��- Fee. __��__�_$ZOO. oo �I`//��-J'� ��_�__�____..�__��_��_�_�_..��__�.._��_w._�__�� $100.00 for residential seoorr3 a�soiy buildirigs �t sP # `� 1—� �� # 3 y/ � / Application received by: Scheduled Planning Cc�anission date: .� 1 Z� �� f Sc�eduled City Cotuicil date: 7.49 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 Municipa]. Center, 6431 University Avenue N.E. on Wednesday, March 27, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 05, by Randall P. Olchefske of Riverside Car Wash, per Section 205.14.O1.C.6 of the Fridley City Code, to allow the expansion of a motor vehicle wash establishment on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: March 13, 1991 March 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.50 SP ��91-05 Randall Olchefske of Riverside Car Wash Randall P. Olchefske Riverside Car Wash 6520 East River Road N.E. Fridley, MN 55432 Randall P. Olchefske 1651 - 20th Avenue N.W. New Brighton, MN 55112 Tycon Management Inc. 321 University Avenue S.E. Minneapolis, MN 55414 Tycon Management, Inc. 6540 East River Road N.E. Fridley, MN 55432 Resident/Owner 6550 East River Road N.E. Fridley, MN 55432 Klaus Freyinger ]323 Bohland Place St. Paul, MN 55116 Klaus Freyinger 6530 East River Road N.E. Fridley, MN 55432 Michael Servetus Cemetery 7170 Riverview Terrace N.E. Fridley, MN 55432 Resident/Owner ,/1� 6509 East River Road N.E. Fridley, MN 55432 Resident/Owner��` 6503 East River Road N.E. Fridley, MN 55432 Shar-Ann Properties 3948 Central Avenue N.E. Minneapolis, MN 55421 Shar-Ann Properties 6551 East River Road N.E. Fridley, MN 55432 Planning 3/8/91 MAILING LIST Council Robert Andres✓{� 3368 - 8th Avenue North Anoka, MN 55303 Gerald Malchow I37 Mississippi Place N.E. Fridley, MN 55432 Robert Andres 117 Mississippi Place N.E. Fridley, MN 55432 Paul Kelley�- 157 Mississippi Place N.E. Fridley, MN 55432 Paul Kelley ;,J( j• 438 Royal Oak Drive Minnetonka, riN 55345 Owner/Resident 6489 Riverview Terrace N.E. Fridley, MN 55432 Gary Andelin Murphy Oil 4600 W. 77th Street, 4�304 Minneapolis, NiN 55435 Spur Station 6443 East River Road N.E. Fridley, MN 55432 Christensen Auto Body 6501 East River Road N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members 7.51 � _ � J Community Development Department P�v1viNG Drv�SION City of Fridley DATE: April 4, 1991 TO: William Burns, City Manager ��• �' FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Registered Land Survey, P.S. #91-02, by Steve Bruns for Midwest Super Stop Attached please find the above-referenced staff report. The zoning ordinance requires that the City Council hold a public hearing for all plat requests. Staff recommends that the City Council set the public hearing date for April 22, 1991. MM/dn M-91-242 e � �► STAFF REPORT APPEALS DATE C��F PLANNING COMMISSION DATE : March 27, 1991 FRl DLE.Y CITY COl�1CIL DATE : Ap r i 1 8, l 9 91 AUTHOR �M/ dn REQUEST PERMIT NUMBER APPUCANT PROPOSED REQUEST LOCATION SIT`E DAi'A SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UfIt1TiES PARK DEDICATION ANALYStS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBlLITY WITH ADJACENT USES & ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. 4�91-02 Steve Bruns for Midwest Super Stop To subdivide and clarify L.S. ��87-03 8100 East River Road N.E. 22,058 square feet C-1, Local Business C-1, Loca1 Business to the North; R-1, Single Family Dwelling to the West; PUD, Planned Unit Development to the East. Yes Yes Approval Approval F P.S. ��91-02 Steve Bruns �� v h f � a • � l � � CITY OF � COON RAPIOS - . � i '� . - " - - - - //JJ. 1 a� -. ._ - - - , .� � ��.-.. .. _._ �f00.1f'... � �' "_ • • �� • /O10. t f'• "' " _ " f/�.19' '� ""«�.��-.' - � ' 44S 6s �� `�- � � ��'> ClrY OF '` �— I N „�i � " � ° f�.° �� RI�LEY � ' �� ((s�: • s) �' . b.� . y . Ev. � �_� avo: Gaveava/; i ii �iriC • l onu..�,. q .� f � � � � , G, �. �,. .a s: 4 � .� ,�Z ,� � ' �, � �' /� 1 �� 3 �. i79.•. .G .. q � St" � , / / i �'�.I// t. w� � I � �;i� :/� � 1 ?�I I �, i v L.(A..i� ��,`�'., b Z I � "'/ • : � � ' .l.filva•� � // � u �° rr_. �� U. � m � " ,,9� ""y,.. 3�r z �� iu It , IROt�„T�N ! M 1/ "'� `R G.Oi - /lo . YN ' 2��_ -1 .s.s7. � �' y /�� G''' - : i '�r�J 9 �� :� : '� , j 3�� ,�� .. `.�s° � ,..,.6+9 T�, ,,. . �., ��,�. ..., �1' �4CE I �,��,�,•�� s; �- ,�. � .��' :� �' - ' j�. t� � � . : � � � ` - i� � �� , ��,�� _.�.�a�,��,�� mor - � ��y�� v , � -_-_ a .I � .. .�� . �. k�_._- • �� <<•� � ,S,�d t�'`` ��` /'� t +`.�Yilr•r w Y 1 (� l l y. c' 8�.3/ 1�1� i� •k �.� � , �S 1 � � ..:, N .•,, . � .' ' � " L� +�� .L • / `�` 't�� FAI RMON ` YM s , ��,BiZ � �•�4 I, � • ' u o ' ... i . L Ay � � " y� a,�j /t� �j,n'i"b : 8111`!� \`.. i C (Z k ¢ 8�1�b q �ybrp 81l�t �}.1 �o i ' • ♦ � • ' � r'� v ` � ° lf �� 8)�l � � � .y� +� �, �.� z B l 04 Q.1 Q,� •' �.: �� 8� ,�„� <a> ,�� . b�i,ir- �n.�s� .�t. -., Y ,.� CIRCLE .,.Pr i • I �1�. � s �• ..- - sn //�� /� 'f.�s• 1 ' 6 � � ff l.6 �L10.� AW� �i AI/ \ •• Alneiicin =%; C�J � Y'� � i� r r ��•� �'� •1 il 11 �[ s .Jf,� �t �� . gtv� �; x �� dn4� B:S7 =807��; �f `ec _ _ ttu_ � �:� �axf , z� 7.54 LOCATtQN MAP l � � � P.S. 4�91-02 Steve Bruns � � � �� i � � . � � � � c.:� . � t� i y � ^� i 1 ��3 � � � � � CITY � � �� . OF �� ` �. , � �, _� ITHOMPSON� ` ^ �� lPi✓ERV/EW �' �. ��' � HEAGN�S Q � 1l �i � � O �q � � � J• � ; ( p j o• A 5� `2 ' F� ' � � IRONTON REET I . .� � Q �zs � . • �.�+ y� , 6 R �, � o � ,: �� , ' � S PR � • ' �os °` �' BPQ 0 i h . ' �R , � W f � � • Q � � ' • " '� ' �� \ B � � �l • e � � i T af♦ t � ��,i , GLENCO � 4 .� + + i � j PARK / s � �� . � �c � � L . � � � .�. � � ' R� , . E� , , . . , , , � . � N ' . ` `�T � � + .` '".' K �;::> J ,,, � ,. .. � , ' �� R 4 �• �. . ' • � , ♦.. , � �. a �/ � �v aR. v► ELY � � !� � � (l0� 9 • �/ � �Q�f `, /� 1'� 1 • Y A 1 I ; � O N �' L ; • ♦� LIeERTr I , ` � ♦, 'i �• � •`• 6 = � � �� x a I `� � �� tONGF LIOW � `• � � . �i ; \��., ``�`. y �'� � � 2 . . : ; •...� : � �, . . . ., . .-. •, , . � , - �'� ,. • � � �. �;; • � . � - RIVERV4�W � `• �CR��-� 1 •a;• ;r•:L*;r �� FtEIGH Y� \;' . a :� - R'� �'� � ` ; ae • ; . ..� •v1.� .... �� k • ` � • . � �� Q� t •`' ; �'��. • ♦ • • � • \ ` • ,�+�1 '►� `ts � �q< •'� ,� •�� • � � � ( �c� i ' �` � S � ♦ �K , �� \� 'F � 1 y � � '� �� iq� � � � � � �y, A � �• t ; • • `� �� [0� ;�, � �� • � � 1 �� ?�.�i� � � �1 � 8 �e1p � � � 1 . t ��:� L ` 1 1� • �y ♦ � � \ - �' V✓ f :•. � •. 0 l, � . � �p _0.jO� •�� ! �l � 7.55 zoNiNG nnAP i Staff Report P.S. #91-02, Steve Bruns Page 2 RecLuest The petitioner is requesting that a Registered Lan approved by the City Council in order to allow a lot was processed in 1987 to be recorded at Anoka County. is for 8100 East River Road N.E. Site d Survey be split which The request Located on the property is a gas station/convenience store (Midwest Super Stop) and is located at the southwest corner of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-1 zoning to the north. The property to the west is zoned R-1, Single Family Dwelling, and PUD, Planned Unit Development zoning is to the east. Analysis In 1987, the City processed a lot split to realign the west property line of the subject parcel with an existing fence that is located to the rear of the gas station (see attached map from 1987 request). After an extension to record the lot split was granted by the City in 1988, the property was sold to the petitioner's client. In attempting to record the legal description at Anoka County, the County refused to record the document and requested that the petitioner process a Registered Land Survey to clarify the legal descriptions of the parcel. The proposed Registered Land Survey will create four parcels; Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C should be deeded to the property owner to the west. It should be noted that the lower portion of the triangle which was originally split in 1987 is abstract property and has been recorded, while Tract C is considered torrens property and will be deeded once the Registered Land Survey is completed. The property will meet the minimum lot area requirements for the C-1, Local Business district regulations. Several of the stipulations are outstanding from the 1987 approval, and should be applied to the request (see letter dated July 16, 1990). Recommendation Staff recommends that the Planning Commission recommend approval of the Registered Land Survey to the City Council with the following stipulations: 1. Complete curbing along the south side of the parking lot. 7.56 Staff Report P.S. #91-02, Steve Bruns Page 3 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka County as right-of-way for East River Road. 4. Combine Tract A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/walkway easement previously dedicated to the City. Planning Commission Action The Planning Commission voted unamimously to recommend approval of the request as presented to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7.57 �ECISTE�c'ED �ati'D CT T Y OF FR�D L E Y � aERC.�tS ir-on r.7cnume�7' St �. • 4e.7e�eS i��n mC7umen,� ; �';,�� rhe oricn�alion .�� his �'errrm� S✓s�%zm rs bas�d �n ,'.Se .fov��l Iin� 0% f�P sE� �t o;�!Se 11�t�t'1�4 n% ,I�tCli�^n 3� H�p..3^� �.2�' ��'�i�inJ dn aSSumF4� hPn��in�f �'� ��; . • .SCv�¢ in Fce f 0_— JS d' -- —, _ cC .�t i!_ � _.— ._._. �—_! � � .�'ca�e = 1 i�ch � 30 �Q{ y , ,. ✓, ; ,. ✓ n �.. � � ;: �; � ,. . . t , `. V� ,_, ; , �, ' , � -r P.S. i�91-02 Steve Bruns SU��'E f' �O. COUNT Y OF ANOK�9 �' 3 3 1 F> , _ J � �' -r' "� rl �� ✓ � O � T � � � , - _ _ A � �, ^� �ls'2' 9 p E - _.. � r, , �, .� ,,� . �11 �,,�,�� I : t f l,% n .,, ., -� - •� :: ; Q ' :7. a �='.. �,.' _ " .'/.Sr ;i i . ..f: '.i./��. . - ilr �= �i /) � �_ ` ;� v o tRpGT .. -,. ; •-� � i .- � � N h1 � a' N � i �� i''� ✓ �" • � �� i � �, � ' ' '. �1� ! i�7.os ' , �= ` G .,,; r-�� a'•z��a8-E r , " pg �--,,,� i ,' . �p�,'�,Z�, �1�, , . � ;,; -,� �,: �- .�, . \ r 7 , r` � Saa OJ. , �. . .._ EO..;. .�y iX.`L��.� � ....�.�,_... �.J , _.. _ ..._ . . . � . � ' ' tl ��r. � � � ; �n �- �� T /; �!= n �n /�i M � � � ^ �:��' ° � � TRA�CT B � � �; �' . z�. `'� .,�°� 'r ' '`' � ; Aw �'� � � Rw\� f� '' � /� / � n..n. :^'r�: � : ,.�.� ` � a �,� , t � , N �. ti -' aI � I ` � � c` i � : � r.' . . ��` i rl ` '. i ' J ;. . � � t• 1 �' �. �'��. I Jt ` I � � �,� � :� �� 1 33 � '�� , �- '1 � � �� 1 `- f � � s� � c" ` ,. G� `c- �; .. _. �� , j t,t . ��' Ct�, f , �' = D � ' � '.. ,�- v y'1 r .• � ` X ♦„� r� , � �1 �' � �� 1 � '�` � ^� ` t :`:,, a � c `.'' � i.� �. \,,,� w �' . C� 1 „� C r a ` � � ` �1 ,: M � � � , . 33 , h Q � �,,� ; ', �o_ o i ., � , . v! �' �"� ti : �1 _� r� � Q � \ �Q � � °� A, '• �„ �r � �1 i NN � <.� ; n v. o �, � � 3 }, � t T nq � !�R!'77'48"El� ? ��.� ! j: -34. �4 • ,,, ,r ;� � ,T .... � � �a . � � `+, '� .• 7„r� n�, 0 � / I V �( 1i r� : � '� y� C�n � w A, -- �1 `.° ^� G � "� � b � . O m° �. j �- 45. oc� - IIB. OC -- -�— - c- �n.,,:` �..;. - � _ � . l - -� � � ... _ '- •• iJ`2. i8 -.._ \\ _ X:E.:� :!'I:�+'�" r- ;' r %i.' •> , '• 1 EA S T - . . . . ' . .. ' _ . ... L _�Y. ;i: �) .�, �t:- �.^� ;Si 2.1�� 11 . . . . .. •. ... _ ..''i_.. ,..�:.✓ ni !nf � 94. !2 � �.- -'� \ 33 . 7• 5 8 S1TE PLAN PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a P�.iblic Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, April 22, 1991 at 7:30 p.m. for the purpose of: Consideration of a Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop, to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying souther].y of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly of the southerly extension of the center line of Est River Road, as shown on said plat (now known as County State Aid Highway No. 1), and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the northeast corner of said Lot 2 to a point an the south line of said Southeast Quarter of the Northwest Quarter distant 45.00 feet east from the southeast corner of said Lot 2. That point of Lot 50, Block J, Riverview Heights, lying East of a line drawn parallel to and 150 feet East, measured at right angles from the West line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on fi�e and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: April 10, 1991 April 17, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.59 � ' CI�'7C O� �'RIDLEY 6431 iaIIVERSI'1'Y AVF�1[JE N.E. FRIDLEY� 1rII� 55432 (612) 571-345a •• n �ii i� q �_a = •,• n a� �_��_, ti��.u� PZ,AT APPZ.TCAT'I�T �ORi�I PRDPEItTY II�TI�t - site plan required for sutuiittals; see attac�ied ��5. 81 (l� East River Roa.d, Fridley, MN Iegal descriptipn; See attached Ir�t Block Z�act/Ar�itiai Tract A- 61 0 3 Tract C- 1% C1lrrelit 2oning: �-� Square footag%i� T r a c t B- 15 7 7 6 Reason for plat• Registered Land Survey required by Anoka County Regi_strar of Titles F'EL 0� II�O�TI�T (C�ontract Puirhasers: Fee Oraners na�st sign this fona prior to processir�g) �,ME Donald. M. and Patricia A. Kisch �g 9855 Revere Lane North Maple Grove, MN 55369 UAyTIME pFIONE -I o� y`�� 7�3 r ►=_i�� SIGNATURE •;i�+• oi ••�n r, L1ATE p� - ! �/- ��_ DATE c� - /� %� � Steven H. Bruns, attorney for fee owner � 1900 Szlver Lake Road, Suite 202 r ►� New Br_icthton, MN 55112 �: YM�u1 *. � ►1� �for 20 lots $ 15.00 for each additional lot Permit P.S. # �'�-n� Application Y�eoeived by: Scheduled Planning Sc�eduled City �il date: . 636-1500 n� �-�/ i�/ s� ...,...........,..._...,..,,__��.,.,..........�.�.�..............�...,...�_......�..�......._.�.�,.........�.._ _.�...�......._�.,...r.....___.. 7■�� That part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 59, Block J, "RIVER VIEW HEIGHTS, Anoka County, Minnesota" and the easterly extension of said south line, westerly of the southerly extension of the center line of EAST RIVER BOULEVARD, as shown on said plat (now known as County State Aid Highway No. 1), and easterly of a line drawn from a point on the east line of Lot 2, Block 1, WAYNE'S FIRST ADDITION distant 1.50 feet south from the northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45.00 feet east from the southeast corner of said Lot 2. That part of Lot,Fifty (50), Block J, Riverview Heights, lying East of a line drawn parallel to and One Hundred Fifty (150) feet East, measured at right angles from the West line of Lot Thirteen (13), Revised Auditor's Subdivision Number One Hundred Three (103), Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Anoka County. 7■ � � R - _ .-._: C�N �F FRI DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 16, 1990 Bernadette Benson 5716 - 42nd Avenue North Robbinsdale, I�1 55423 Dear Ms. Benson: This is to review the outstanding stipulations that need to be completed as a result of Lot Split, L.S. �87-03, approved by the City Council on June 1, 1987 and the Special Use Permit, SP #84- 16, approved by the City Council on November 5, 1984. As of this date, the following items need to be completed: 1. Recording of the 17 foot road easement along East River Road. We have this easement in our possession; however, we have been unable to record it because we have not been able to obtain the certificate of title from Joyce Gabrelcik. 2. Complete the curbing along the south side of the parking lot. 3. Construct a masonry dumpster enclosure with a chain link fence with vinyl slats. 4. Although all of the landscaping stipulations have been met, some of the landscaping on-site is dead and needs to be replaced. Further, the landscaped rock areas may need to have weeds removed. The parcel is zoned C-1, Local Business District. A car wash is not a permitted use in the C-1 district. A rezoning to C-2, General Business District, would have to be approved as well as a special use permit. Sincerely, Barbara Dacy Planning Coordinator cc: Donna Strusinski BD/dn 7.6 2 C-90-279 e � _ - i ( ! L.S. #87-03 ~�. ` Bernadette Bensori c�R`i'x�ic.A.`T'� t�� St.�R'1l�Y �r�ey ro� __ l ��,r��a :�:� .;�_ �" �•� ��r � 4 8/ FA/�Mon/T S �vE.�o� ....r 1 _ � '� � � �' i_ ..' iT ,. ' � � �I/fl �N E .S . i � � J� . � ADp. { �� ' LDT2 f'��. i � �., ', ' S ; ; �� 4 a ��° ?y w �`�' �p � � ,. . �. d,� ��`�;� ,' �o�o , �� 04 �� . w � W� �' � � 4 .O � o � O � ...i � � �U f��"�'7+ • /3./9 �O T �"'O ,8'�OCK T' R� v�R Yi� vy h��E/G/�rs �,�>,- ,_. . � � 4 � W v� h O � �. , �•. O �V �� 4� �.., 21,� � �J�� . QQ� ' Q � ��o`�v �Q�� LoT �3 w �� `�� . � 1 � ': � REY 6E� o� o O A�uA� ro �e s � ,� v�� ' , Q��! ' Q SLLBD/ 3/YS/ON �tlQ /03 � � ��" M[T. ;� � � urt. : � S 5 SaFa � � E 3 X TF'✓cU s,a '' � S CAL E ! " � � o ' �'�F — — � • = r,eo,v Monir,vo�c _ � Q r JRON MON. SET . �� `��7',' • � 6 ~ � ,� 6 . � � 2 a � � 3, i t �M �h tiN Q� �G. 0,5 ,, � ,� � heYBby cerUfy that nthl� Is a true �nd corroct ropre�ontation ot a auney o( th� bou�Qartes cl —Ty� I�RD/� • �/q$• �5�1 "�•� [!' , OrY SNEE T 2 �ANO�C/.4� County. Minne�ota and o( tM lotatton of atl buildlnDs thoroon, and aU vtslbie encroachment�, i! eny, from or on �ald Innd. Sunoyed by ms thi� zO day_of -�d v�M��/p t9 _ g'� . • J��vIS�� FFB. 5� / 986 . '� �'p��9g� PAUI. B. SCHOBO • M1NN. S•TATE REG. NO. '14700 SCHCJgORG .I�AND SURV�YING � RT. 2. BOX 1�3 . DELANO,MN. S532a �%.63 • • s�,yFFr iafz sT�. -, ��2! .. 33 � �r . �C� 1• � �a �� I� � w`� .0 V Fo�m No.1E�M—OUITClA1M OEED Imf�r.dw� isl �oCwD��twn q Vutmrl�ip No delinquent taxes and cransfer entered: Certi[i� of Real Estace Value ( ►[iled ( ) not requ� I Certificate of Real Estate Value No. ,19 County Auditor j I bY STATE DEEA TAX DUE HEREON: S -0" pa�; July 12 , 19 88 FOR VALUABLE CONSIDERATION, Joyce B Gabrelcik Widow NoC �='I'led , G��i`,. �m,riw n«or � hereby convey (s) and quitclaim (s) to the atY of iYidlev __ , Grantee, . � M�nicipality undec the laws of M�� real propertY �n �� County, Minnesota, described u follows: A 17-foot street, utility, and bikea�aY/wa7kwaY easemnt described as follows: Lyinq within tlwt part �jacent to and 17 feet west of, as measured at right angles to, the west line of East River Rx�d as is naa lazd out and oon$t�� located within that part of Lot 50, Block J, Ri�rerview lieights lying east of a line parallel with and 150 feet east of as measurnd at right angles to, the �est line of Int 13, Pevised Auditnr's Subdivision No. 103 atxl also locatecl within that part of said Lot 13. The City of Fridley hereby accepts this easemnt for the above-mentioned purposes• Slurley A. Haap�ala - G.ty Clerk lif mor� �pw N ns.Gd. co�cim+e on bac1�1 together with al! hereditaments and appurtenances belongin ereto. ,� •-clCo � • Q�2�`'l.C.L�t��J Jox6e„!B. Gabrelcik � � . ...:• n�, 7?�.�., � STATE OF AtINNESOTA COUNTY OF AAY�[tn � The foregoing i�strument wa� acknowledged before me this .� l C day of «�'Z-� , 1��. �y Ic f�'F' b C 4�iZ<<.Li iC !<J �1:_a-✓ ti�c.r /�'rri�.�i.�r�•<<j - , Grantor(s). liOTARiw1 STwA1P OR SEAL (OR OTNE& TITLE OR RANR) ' .GT� .1�NN .1_ �FRfN I I/Jt� � TN IS i vSTRUaf ENT R'AS DM FTlD BY (NAML AND ADDR@99): � � I City of Fridley � 6431 University Avenue ! Fridley, NN 55432 i _._ __. __ .; a°a°n."`.oio�•�im w. wau..0 roYw OY�l Wl1VCla+�.j' r� auc Fridley, NN 55432 7.64 1. - i` ..e^.�.° s . . .. �.:.: ,r' .:.:.: -._ . . . . .S . .`� • �y._�.� . . . t �` . �; `} t -. � . � _'. ' . _. PLF�t�tdIt�G C0�1(�tiSSION MEETI�IG, MAY 6, i987 PAGE 12 Mr. Eillings stated he wanted the City Councii to note that at least three Planning Commission menbers were in favor of two lots rather than three lots. Also, they would like the City Council to note that the garage t at a permit was issued for in 1983 has not yet been compieted. 5. CO��SIDERATION OF A VACATION RE UEST, SAV #87-03 BY DOP� OLSON: To vacate a 6 foot drainage and utility easement cre d by Veit's Second Addition, generally located at 6431 East River Ro N.E. Mr. Robinson stated there was presenily a 6 , utility easement that ran across the mlddle of the existing lot. T's would have to be vacated in order to build a new house. There were no ilities in that easement. The only recommendation they had was fron NSP and P�ortel Cable that the easement be replaced with a 10 ft, easement ng the west and along the north side of the property. The prior stipu tions with the plat included the provision for that easement and also at there be underground electrical service. Tf�ere �•�ere no further sti lations. MOTIOP� by t4s. Shere4� seconded by t1r. Kondrick, to recomnend to City Council approval of Vacat' n Request, SAV #87-03, by Donna Olson, to vacate a 6 ft. drainage and ut' ity easement created by Veit's �econd Additinn, generally located at 64 East River Road N.E. Upon a v�%e vote, all voting aye, Chairperson Billings declared the motion carri eSYunani mous ly. Mr Robinson stated this vacation request and ti�e preliminary plat would go o City Council on June 1. 6. COtJSIDER/�TIOtJ OF A LOT SPLIT, �.S. #87-03, BY BERP�ADETTE BENSO�! QF P1ID4JEST SUPER STOP: To split off all that part of Lot 13, Revised Auditor's Sub- division No. 103, Anoka County, Minnesota, accordino to the plat on file and of record in the office of the Anoka County Recorder, lyin� easterly of the easterly line of Lot 2, Block 1, tiJaynes First Addition and westerly of a line drawn from a point on the easteriy line of said Lot 2, 81ock l, distant 1.5 feet southerly of the northeast corner of said Lot 2 to a point on the easterly extension of the southerly line of said Lot 2, Blocl: 1, distant 45.0 feet east of the southeast corner thereof, generaliy located at 81 QQ Eas t Ri ver Road l�J. E. i•1r. Robinson stated tt�e property was located on the southwest corner of Fairmont and East River=Road. In 1984 a specia7 use permit was issued for the construction of a gasoline facility. Ne stated the petitioner, Bernadette Benson, had done a very nice job of rei�abbing thai corner. After moving into the building, they discovered their property line was not identical to the fence line west of the building but ran at a drastic angle to what would be the side and back yard of the adjacent family house. In order to clean up this problem, they have agreed to split the property �,rest of thP fer�ce and will be selling the property to the neighbor who will combine that with his lot which will then bring his lot up to code. After the split, the lot area for the gas station ��rill be 21,800 sq. tt. �rhich was more than adequate by code. Code requirement was 20,000 sq. ft. 7.6 5 PUiNNIt�G COP1PdISSION MEETI�dG, MAY 6, 1987 PAGE 13 Mr. Robinson stated Staff was reconmending the following stipulations: l. Execute and return street easement agree�ent (17 ft. along East River P.oadj prior to recording lot split. 2. Provide dumpster screening prior to recording lot spiit. 3. Provide hedging a7ong Fairmont Street with edging, weed barrier, and mulch prior to recording. 4. Subdivided parcel to be added to residential lot to west concurrently ti��i th recordi ng. MOTION by t1r. Bondow, seconded by �tr. Kondrick, to recommend to City Council approval of Lot Split, L.S. #II7-03, by Bernadette Benson of Midwest Super Stop, ��ith the following stipulations: 1. Execute and return street easement agreement (17 ft, along East River Road) prior to recording lot split. 2. Provide dur�pster screening prior to recording lot split. 3. Provide hedging along Fairmont Street with edging, weed barrier, and mulch prior to recording. 4. Subdivided parcel to be added to residential iot to west concurrently witi� recording. Upon a voice vote, all voting aye, Chairperson Billings dec7ared the motion carried unanimously. Mr. Robinson stated this would go to City Council on t•1ay 18. 7. RECEIVE t1ARCH 2, 1987, PARKS & RECREATION COMMISSION PIINUTES: MOTION by P1r. KondricF:, seconded by Ptr. Betzold, to rec ' e Flarch 2, 1987, Parks � Recreation Commission minutes. Up�n a voice vote, all voting aye, Chairperson llings declared the motion carried unanimously. 8. RECEIVE APRIL 2, 1987, HUMAN RESOURCE�OP1MISSI�P! �1INUTES: P10TION by �ls. Sherek, seconded b 1r. Betzold, to receive A�ril 2, 19l37, Hunan Resources Commission mi tes. Upon a voice vote, all oting aye, Chairperson Billings declared the motion carried una ously. 9. RECEIVE APRII�, 1987, HOUSIt�G & REDEVELOPP1ENT AUTHORITY f�lItdUTES: MOTIOy t1r. Kondri ck , seconded by f•ts. Sherek, to recei ve the Apri 1 9, 1987, Hous� & Redevelopr�ent Authority minutes. �1pon a voice vote, all voting aye, Chairperson Billings deciared the motion carried unanimously. 7.66 �i� i�. � �i�9 • ti • : • : be appraved b� staff; driveway to be at least three feet fran adjoining lot; driveaay slope to be reduoed as mud� as possible; and owner to secure NSP authorization of cprage plaoe�nerYt Frior to cAnstruction. Mr. Robertson stated staff had reaommended the garage facade match the house, hawever� the petitiorer stated the house has white �steel siding and sinoe the cprage would be close to the park, possibly a= rec�aood facac� would be more approlxiate. He stated the Planning �ranission's reoommendation is that the c$rage facade be appraved tr� staff. �t "� Mr. �staf son stated he has c�ritacted Northern.�States Fbwer ana rh� a�a �t have any otrj ection to his plaaemeryt of the c�rage on this �roperty. �`� NDTION b,� Councilman Goodspeed to voncur with the reoommendaton of the Planning Commission and grant special use permit, SP �87-08, with the following stipulations: (1) garage ;.�acade to be approved by staff; (2) • driveway to be at least three feet fcr`an adjoining lot; (3) drivaaay slope to be reduoed as much as p�ssihle; and (4) awner to secure NSP authorization of c�arage gla�nent prior to ac�nstru�tion. Sev�nded b� Q»ci�man Fitz�atrick. i�n a voioe vote, all voting a�e, Mayor Nee declared the motion carried unanimo�slv. _ G N2�TION by Council�nan �itzpatrick to set the publ ic hearing on this prel iminary plat for Jw�e 1, 1987. Secnnded t� (btncilman Sdineider. Lpon a voice vote, yall voting aye, N,ayor hee declared the motion carried unanimously. � D. GENERALLY IAC�TED AT 6430 EAST R1VER ROAD N E, BY DUNNA OLSON• NDTIOIJ tr� Q��mcilman Fitzpstrick to set the public hearing on this vacation req�aest for Jtme 1, 1987. Seoonded Y� Cbu�cilman Schneider. Upon a voice vofe, all vating aye, N�yor Nee declared the motion carried Lmanimously. � �• � • • • �� ; : � • • � � .. . � � • � �� •• :� �� ,� • � i � �� • � : � � • � •�� : : • ►• � : -• • ,�_� �' ' • ' Mr. Robertson, Community Developnent Director, stated this property is located on the :�uthwest oorrer of Fainnont and East River Road. He stated in 1984, a special use permit was issued for construction of a service station. He stated after the petitioner moved into the building, they disoovered thei r property lir� was not identical to the f ence 1 ine west of the building, but ran at a drastic angle to what would be the side and back yarci of the adjaoent hcme. He stat�ed in order to clear up this �xoblem, the -7- 7.67 �ih1�. ,�I�IaiY � � • : _' :f petitiorer has agreed to spl it the property w�est of the f ence and sell the property to the r�eic�b�r wtx� will c�mb�ir�e it with his lot to txing it up to oode. He stated af ter the lot spl it, the lot area for the serv ioe station will be 21,800 s�u�re feet which is more than adequate as the oode requires 20,000 s�uare feet. Mr. R�bertson stated the Planning �b�ranission reviewed this request on May 6 and rea�mmended a�raval with the stipulations that the petitioner execute and return a street easement agreanent (17 feet along East River R�aad) prior to reoording the lot split; dumpster screening be providea prior to reo�rding; hedging along Fairmont Street with edging, weed barrier, and mulch t�e Frovided prior to reo�rding; and the subdivided parael be added to the residential lot to the west o�ncurrently with rec�ordi.ng. NDTIUN b� Cbulcilman Fitzpatrick to a�ncur with the reaommendation of the Planning Conanission and grant lot split, L.S. #87-03, with the following stipulata.ons: (1) petitior�er eaaec.ute and return street easement agreeanent (17 feet along East River Road) prior to reaording lot split; (2) dumpster screening be pravided prior to recording lot split; (3) hedgirig along Fairmont Street with edging, weed barrier, and mulch be provided prior to reaordi.ng; and (4) subdivic7ed parael to be added to residential lot to the west �ncurrently with revording. Seaonded tr� Q�uicilman Goocl�peed. t]p�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimou�sly. NtJTION b� Councilman Goodspeed to reoeive the minutes of the Planning Comanission meeting of May 6, 1987. Seoonded by Councilman Fitzpatrick. tlp�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unani.mowly. 11. R.�IVING �E MIN[fl'ES OF TE� C�3P�1'ER OONIl�IISSION MEErI�]G OF MAR�I3-°�0 ,_�87 . MJTION by Councilman Schneic7er to receive the minutes of the Charter abmmission meeting of March 30, 1987. Sev�nc3ed b� Qii�cilman Fitzpatrick. LTp�n a voice vote, all wting aye, Mayor Nee c�eclared the motion carried nna ni mnt�l v _ - 12. Mr. Flora, Public Works Director,�,stat�ed after oonsi.derable neg�tiation with kI�IC, the CS.ty has reoeived a�'hold harmless agreESnent for the storm water syst� within the FMC-Nav�`property and extending across the Anoka CAimty Park to the Mississippi''River. . He stated the agreeqnent establishes total resp�nsibility for that system to �;C and holds the City and County harmless. N�. F'l.ora stated sinoe this is a�ivate systean and the City now has an agreenent that FriC will maintain it, he would recommend the Gouncil authorize execution of this agreanent. f�`' Mr. Fl.c�a stated FMC has requested the City waive the �sst and present storm water c�ainage fees. He stated sinae the fee was acbpted, FN1C has not paid �r�y of those charges and are in arrears $13,416.42 and a current fee of -8- �■�� ' 1� �l Y11 •�.1� I � . . �. . : : 6. �NSIDERATION OF A REZODTING ZQA,�87-01, � REZOI� FROM R-3. GENERAL MULTIPLE pH1ELL�NG. TO G 2. GENERAL BUSINESS. ON LOTS 2� AND 24 TOGETHER WITH HALF VA�TED ALLEY� BUOCK 6. FRIDLEY PARK, ACOORDING TO THE PLAT THERDOF ON FILE AI�ID OF REQORD IN TI-IE OFFICE OF THE �UNl'Y RE�ORDER IN AND FbR ANOKA �OIJNTY, M�NNE90'rA, THE �AN� BEING 6�01 EAST RIVER ROAD N E , BY C�IRISTENSEN A,(�"I'0 DY: 7. Mr. R�bertson, Cbmn�ity Develognent Director, stated a hearifig on this rezoning was t,elc3 on 1�larch 11, 1987 before the Planning Cflmnission and they recommenaed appraral with several stipulations. He stated a public hearing was schec3�zled before the Q�t.a►cil for Apx`il 6, 1987, hawever, the petitioner requesteU the item be tabled in or�ier to work out a ooncern regarding the stipulation for a street ea�ement. He stated this concern has been adc?ressed and the petiti � wishes to prooeed with the publ ic hearing before the City Council.r `� NDTION b� Gounci.lman Fitz�atrick to set the public hearing on this proposed rezoning fo�-�rrh 28, 2988. Seoonaed by Cbuncilwoman Jorgenson. Upon a voice v�e, all voting aye, Mayor Nee declared the motion carried una usly. �NSTt�ERATION OF AN EXTENSION OF A LOT SPLIT, L S #87-03. BY�ERNADETTE BEN90AT OF MIDWEST SUP'ER SIiOP: Mr. R�bertson, (bm�r+�ity Developnent Director, stated the petitioner has requested a three month extensi.on frcm this date in orc',er to reeord a lot spl it, L. S� #87-03, appraved tr� Cbt.ncil on June 1, 1987. He stated it is suggestec3 this extension be apgraved, with the follawing stipulations: (1) e�aecute and return street easement agre�nent (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening prior to reaordi.ng lot sglit; (30) pravide hedaing along FaiTmont Street with ec7ging, weed karrier anu mulch prior to reoording; anc3 (4) sLbdivide �arcel to be adcied to resiciential Iot to west ooneurrently with reoorc;ing. NDTION b� Go�mcilman Fi.tz�atrick to apprave a three month extension of Lot Split, L. S. #87-03, to J�e 7, 1988 with the following stipulations: (1) execute and return street easement agreenent {17 feet along East River Road) prior to recording lot split; (2) provide dumpster screeninq proir to remrding Iot split; (3) prwide heduing along Fairmont Street with edging, weed la�rrier ana mulch prior to reoording; and {4) subdivide Farcel to be adc!ed to rESic7ential lot to west wncurrently with rea�rair.g. Seconded Yyy Q�+mcilman Schneider. Upon a voioe vote, all voting aye, rayor r;ee cieclared the mc�ti on c� rried unanimously. 8. QONSIDERATIOI� OF REVISED QOMPREHENSIVE SIGN PIAN FOR RIVERBOAT PLAZA, 7$92 EAST R1VER RQAD• Mr. Robert�n, Cbnantnity �evelo�ment Director, stated the petitioner, N'�r. Klus is appealing the Got.mcil's action on this shopping center's sign plan which was approved by Counci.l•'on July 20, 1987. He stated because the rx�tic�e that this item would'��be on the d�uncil's aaenc:a went to the shopping cerrter's adc3ress and not t-,�. iQus' resiclenoe or business, Mr. IQus Fe1t this /,,, �� G., - - -Il- 7.69 r � � J DATE: TO: FROM: SUBJECT: Community Development Department PLANIVING DIVISION City of Fridley March 2 7, 19 91 Q,�. � `. Williarn Burns, City Manager �'� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #90-31, by Humberto Martinez Attached is the above referenced staff report. The Appeals Commission voted unanimously to recommend approval to the City Council of the following variances to correct existing conditions at 7786 Beech Street N.E.: 1. 2. 3. 4. 5. To reduce the minimum lot area from 1 1/2 acres to 1/3 acre; To reduce the required lot width from 150 feet to 88 feet; To reduce the side yard setback on a corner lot from 35 feet to 8 feet; To reduce the parking setback from 20 feet to 8 feet; To reduce the side yard setback from 20 feet to 2 feet. The Commission also recommended to the City Council approval of the variance for a proposed addition: 1. To reduce the side yard setback from 20 feet to 2 feet. staff recommends that the City Council approve the variance requests for the existing conditions but deny the variance request for the proposed addition. MM:ls M-91-214 � � STAFF REPORT APPEALS DATE : plarch 26, I991 CI�TY OF PLANMING COMMISSION DATE FIZI DLEY CITY COIAVCiL DATE ; Apr i 1 8, 19 9 I AUTHOR �� REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION SITE DATA SlZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONWG UT�tfIES PARK DEDICATION ANALYSIS FINANCIAL lMPL1CATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATlBlLlTY W1TH ADJACENT USES � ZON�1G ENVIRONMENTA� CONSIDERATIONS �7AR #90-3I Hwt�berto Marti:nez See public fiearing notioe 7786 Bee�ch Street N.E. 14,320 sq, ft. N.E-2, Heavy Inc�ustrial Nf-2, Heavy Industrial to the N, S, E, & Ta STAFF RECOMMENDATION Approval, partial APPEALS RECOMMENDATION Denial, partial PLANNING COMMISSION RECOMMENDATtON VAR ��90-31 Humberto Martinez T. 30, R� �� TMI$ K A�o�..�,a,�— .S, 1I�Y AMEK /N II� AMOR.1 COYMY ' O►fKK efiEO�NG 1ME ,1�[� yp�yy TM6 ORA WING fS f0 Y US(D L�•� �/;,�q fffERENCE MyIp6[f Aprp �NE COUMY FR /D L E Y n�+o► RF31q�qll fOA AHY •,..; - . 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( ��f .�� r^ P� �' t; � . � ;' \\,"_ . `• • � � � ,.'� � �` " ��• P£ARS "�`' " � ''.,,, .o�� '„ "r�� , ��: \ ` •�- ;�r . ��0� � �,� - � '2N�;,,� : -1 .� "�`�.Q ='�p . —,' ` � ,� \ ADD. � . ,• R ,;,. :'�:�\� :�� —'- �- Y::: ,. ; ',. ., , = . tow.veR ' .., � „ ,... 'E. .e 8 43 � 'a 17 ��.°.�3� L'i�I'�; �� D� �I�� { t �.,�� { - � � � t� � � �� i�� _��x�,n -- ••w:r sE��.,, • • \� 44 �, . _ .. -:: � ,. . .M .�a. .M!' ��ZL-"� _' LOCATION MAP . �. _� � i� ♦ � i `W 1/.• /, \ �� ` l. �� k ` v . 0 l0 % . � 1• � 1� � � � ��;�v �� `o ' • � • � �./ .• •'. • • i"'Y� � • • • � • • • � • i • • �•I39 �� • • �d/� • '�, Z •�,��• �� • � • • , pG • • � • • � 7 �• • • • • �� r, w. �.,�. � VAR ��90-31 Humberto Martinez �� I ZONING M�1P � Staff Report VAR #90-31, 7786 Beech Street N.E. Page 2 A. STATED HARDSHIP: "We need this variance to build an addition to our building for storage purposes." B. ADMINISTRATIVE STAFF REVIEW: Rectuest The petitioner, Humberto Martinez, is requesting the following variances: 1.. To reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,320 square feet): 2. To reduce the required lot width from 150 feet to 89 feet; 3. To reduce the side yard setback from 20 feet to 8 feet; 4. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 5. To reduce the parking setback from 20 feet to 8 feet. The variance request is for Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street. In addition, to the variances, the petitioner has applied for a special use permit which iaill be heard by the Planning Commission at their December 12, 1990, meeting to allow the maximum lot coverage to be increased from 40% to 50�. S ite The property is zoned M-2, Heavy Industrial, as are the properties to the east, west, north, and south. Located on the site is a two-story single family home which has had several additions to it to create warehouse and manufacturing space for the Food Process & Control Corporation. To the rear and side of the property is a fenced storage yard which the petitioner is proposing to be enclosed and would increase the total square footage of the building by 3, 518 sq. ft. . , Staff Report VAR #90-31, 7786 Beech Street N.E. Page 3 Analysis Section 205.18.03.A requires a lot area of not less than 1 1/2 acres for one main building. Public purpose served by this requirement is to provide for adequate parking, open landscaped areas, and to limit congestion in industrial areas. Section 205.18.03.B requires a lot width of 150 feet at the required front setback. Public purpose served by this requirement is provide an adequately wide lot for access, separation from adjacent land uses, and to limit congestion in industrial areas. Lot Area and Lot Width The property has been a parcel of record since 1911 when the Onaway Addition was platted. The single family dwelling unit was constructed in 1950 and the City adopted the zoning classification of M-2, Heavy Industrial, for this property in 1958. While the lot does not meet the minimum requirements for the M-2 industrial district for lot area and lot width, to deny these variances to reduce the lot area and 1ot width would render the property nonbuildable and would, therefore, constitute a taking by the City. Section 205.18.03.D.(2) requires two side yard setbacks, each with a width of not less than 20 feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire-fighting purposes. Section 205.18.03.D.(2).(bj requires a side yard setback of 35 feet where a side yard abuts a street of a corner lot. Public purpose served by this requirement is maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the adjacent building's front yard. Side and Rear Yard Setbacks Of the three requested variances to reduce the side and rear yard setbacks, two of the variances will be "new conditions" created by the expansion. �• Staff Report VAR #90-31, 7786 Beech Street N.E. Page 4 The side yard setback from 35 feet to 8 feet on a side corner is an existing condition which was created when the building was expanded in the early 1970's. Staff reviewed the address file and determined that no previous variances have been granted to this property and, therefore, the Commission should grant the variance to reduce the side yard setback on a corner from 35 feet to 8 feet to bring the property into conformance with the Zoning Code. The proposed e�ansion will bring the building within 8 feet of the side and rear lot lines. In addition to reducing the side and rear yard setbacks, the petitioner will be increasing the lot coverage to 50.9�. To allow such a large expansion on this particular ].ot would eliminate any area for a storm water detention or retention basin, would reduce the amount of green area on the property, and would eliminate any potential space for additional parking if the use changes from its predominately warehouse use to a manufacturing and/or office use. By maintaining the required setbacks, the petitioner would eliminate the above conflicts. Section 205.18.05.D.{5).(a) requires all parking and hard surface areas to be no closer than 20 feet from any street right-of-way. Public purpase served by this requirement is t encroachment into neighboring sight lines and aesthetically pleasing open areas adjacent to of-ways. Parkinq Setback o limit visual to allow for public right- As with the lot area and lot width variance requests, the parking setback from the public right-of-way is also an existing condition. The parking area is only an overly large driveway with space to park 10 cars and does not meet the code requirements for setbacks. The parking setback from the public right-of-way from 78th Avenue is only 8 feet, whereas the Code does require a setback of 20 feet. The parking area is adequate for the existing use; however, if the use should change to manufacturing and office use, the parking area would not be adequate to meet the code requirements for those particular uses. Recommendation - December 4. 1990 Staff recommends that the Appeals Commission recommend approval of the following variances to acknowledge existing conditions on the site: �s Staff Report VAR �90-31, 7786 Beech Street N.E. Page 5 1. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required lot width from 150 feet to 89 feet; 3. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. These variances are the result of an existing condition and granting them will bring the property into conformance with the M-2, Heavy Industrial District, regulations. Staff recommends that the Appeals Commission recommend denial of the following variances: 1. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Denying the variances would ensure that adequate area remains for storm water detention, adequate separation between uses, and area to provide off-street parking should the primary use of the building change from warehousing to manufacturing and office. Appeals Commission Action - December 4, 1990 The Appeals Commission voted 2-1 to recommend, per staff's recommendation, denial of the request to the City Council. Revised Request section 205.18.03.D.(2) requires two side yard setbacks, each with a width of not less than 20 feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire-fighting purposes. Upon the Planning Commission's recommendation, the petitioner has revised his request, reducing it to require only a side yard variance from 20 feet to 0 feet {see attached site plan) . The other existing conditions which required variances and which the Appeals Commission voted to recommend approval to the City Council remain the same. � Staff Report VAR #90-31, 7786 Beech Street N.E. Page 6 The petitioner's new request will expand the building toward the southern lot line, to a zero lot line. This expansion maintains a 32 foot setback along the rear property line. This area could then be used for drainage, storage, or additional parking (6 spaces) should the use of the building change. Recommendation While the petitioner's revised request has less impact on the site, the site is being overbuilt. Currently, the building is used primarily for warehouse space with some office space and only 7 spaces are required, which can be accommodated by the large driveway. However, if the use changed to manufacturing, 15 spaces would be required, impacting the areas to the rear which would be used for drainage, etc. Staff recommends that the Appeals Commission recommend to the City Council denial of the request to reduce the side yard setback from 20 feet to 0 feet. If the Commission chooses to recommend to the City Council approval of the request, the petitioner should have the adjacent property owner write a letter acknowledging the existence of the zero lot line. Abpeals Commission Action - March 26, 1991 The Appeals Commission voted unanimously of the variance request, to reduce the the proposed addition from 20 feet t Council City Council Recommendation to recommend approval side yard setback for 0 2 feet to the City Staff recommends that the City Council approve the variances to bring the existing conditions into conformance, but deny the variance for the proposed addition. . �� L , � r � � I u . * . � : f; - - - ----- �- � �. � � r�. � __ _ _ . _ _� _ .�: ;� i ' ' :� -�� v.� _ ,, 1 1 � � ��'1 o n � ; � � ' ,. � I � i �n 1m � t � �. � ' J � �g J ,, �'1� �V� � � ��. .... �` � � 1 � ! � - - � � - �': � ' � VAR �� 90-31 Humberto Martinez 0 _� --�---- , �; .� � n� ! �� . 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PRQPEttTY I�TI�T - site plan z�equired for sukxnittals; see attached Address: 'i'Z sG �3 eec� S`� •!`1 E, Iegal desc�iption: rAt atocx Tract/Addition _ t� � 3 20 c�rre.nt zonix�g: ��2 Sqe�are footage/acxeage _ 1�r 132 v �Z R+ea�son for varianoe ar�d har,�ch; p; _� w�� ost� t t Section of City Uode: __.._......_�__�..�..._._...__..............,, ..._._._..�...�...�.�._.�.w._._.........�.......,,__�..w_�___ FEE �Z2 II�L7�TIqQd (Contract Purchasers: Fee Owners must sign this form prior to prooessing) � �-1yw�be �4d 1� ar��NQz �ss_ i�jg�o P� �• �r�� !.� 5 s�'3� t�,�.a� pxor� 5 71 b2 oc� sza� ' n� i� � �4 i�i o �.z�� n�oxrm�a�r �,....,..__�.._�_ � � �._ �.�..e_� • � �;� �. r►r: ► �: I�YTIME PHONE `�� [ � �. U�� I�ATE � '� �. �' � G t� Fee: _..___.._ $100.00r`____��— ....,.r...��..w.,.....,. _.........,....___�___...._�.. $ 60.00 for residential prc�erties P�ermit VAR # - �' Rteceipt # .� �'�� % Application reoeived by: �-� Scheduled Appeals Oc�ission date: p` - � �� z� �u ��: � a - � �- � c� __�..._�__�__....__�.�..�...�..�.�,�...,�. _.....�..._�._�__�..��..__�_ 8K PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #90-31, by Humberto Martinez: 1. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,080 square feet) ; 2. Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 88 feet; 3. Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 2 feet and 0 feet; 4. Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; 5. Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., Fridley, Minnesota (Food Process & Control). Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. �• City Coimcil City Manager Lhane Savage 567 Riae C,reek Terraae N.E. Fridley, N�I 55432 Htu�rto Marti:nez 7786 B,eech Street N. E. Fridley, NN 55432 l�ger Fo.rs luna 7831 Hick�xy Street N.E. Fridley, rIDI 55432 S and S Tool, Inc. 7800 Beech Street N.E. FYidley, N�T 55432 Elm Street Associ.ate 7800 Elm Street N.E. Fridley, N�T 55432 Maynard Edson 5190 Buchanan Street rI. E.. Minneapolis, Nlyd 55421 MAILZNG LIST FOR VP�RIANC� # 9Q-31 7786 Beech_ Street N.E. Ronald �mith_ 6492 Rivervie� �r�race r1. E. k'ridTey, NN 55432 Bmoklyn Tool 7775 Beech_ Stx�ee� N.E., Fridley, NiJ 5543�� P K Pxaperti.es Il�`'j 7Z75 $,eeciz St�t N.E. Fr�dley�, Mv 55432 Dyno Fi,ve Coa��any ZZ33 Heei�i Sta:�e.t N.E. F`ri;dley, I�� 5�432 Dyno F�ve.Cbn�anX 8333 Sunset Rpad Minneapolis, NI�T 55432 Dan�.el Nel�pn 7713 Beec� Stareet N.E. Fridley, lt'�d 55432 Mailed: 11/21/90 Claru�, Inc. /��j�� x��` x r� Mi.r�rieapolis, 1�'�1 ��13z.- Gary Li.i:�aorg 774Q BeeGh Street N.E. Fridley, Nr7 55432 Action �attern 7714 �eech. Street N.E, Fridley, NN 55432 Jame�s Gi,lbertson 7714 �eech Street N.E. Fridley, rN 55432 Kenneth Ekberg 7790 Elm Street rI. E. Fridley, Ni�T 55432 Ar�clerson and I-ietland 7760 Elm Street N.E. Fridley, l�T 55432 � !•. `,� ,.-.� a -` f �.�� Maynard Edson Hauser [�I, Corp Buildin Hetland Anderson [ 7$OS Beedz_ Street N.E. 55 --- 77th W_ay N:E. � � 7753 Beech Street N.E. Fn.dley, NN 55432 Fridley, MV 55432 Fridley, NN 55432 Rpnald Smith_ ��lie Kol�nek. 7795 Beec� Stx�et N. E. 25335 Hasson �arkTnray Fridley, NN 55432 �gers, NN 55374 � Htm�rto Suarez 7786 Beech Street N.E. Fridl.ey, NN 55432 CITY OF FRIDLEY APPEALS COMMI88ION MEETING, DECEMH$R l, 1990 w w.�.ww..r.r.�.rw.w.rwww....rw wrw.w.w1w.r�w.�.w.wrww. w.wwww�rw.rwrw.w.w.rwwrww.ww.ww.ww1.r.►�ww.w.wrw.r w. w. CALL TO ORDER: Chairperson Savage called the December 4, 1990, Commission meeting to order at 7:35 p.m.. ROLL CALL• Members Present: Members Absent: �thers Present: Diane Savage, Ken Vos, Larry Kuechle Cathy Smith Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant APPROVAL OF OCTOBER 30 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the October 30, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BAVAGE DECLARED THE MOTiON CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE RE4UEST. VAR #90-31, BY HUMBERTO MARTINEZ• 1. 2. 3. 4. 5. 6. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,320 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard �setback on a corner lot from 35 feet to 8 feet; Per Section 205.18.Q3.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; �• APPEALS COMMI88ION MEETING, DECEMBER 4, 1990 PAGE 2 To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. (Food Process & Cantrol). MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. � IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:37 P.M. Ms. McPherson stated this property is located at the intersection of 78th Avenue and Beech Street. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated that located on the property is a two-story single family home which has had several additions to it to create a warehouse and manufacturing space for the Food Process and Control Corporation. To the rear of the main house and storage area is a fenced storage area that the petitioner is requesting variances for in order to enclose that space and to allow the building to encroach within 8 feet of the property line. Ms. McPherson stated that in addition to petitioner has applied for a special use maximum lot coverage to increase from 40� to district. Lot Area and Lot Width Variances the variances, the permit to allow the 50� in an industrial Ms. McPherson stated this property has been a parcel of record since 1911 when the Onaway Addition was originally platted. The single family dwelling unit was constructed in 1950 and in 1958 the City adopted over that particular parcel the M-2, Heavy Industrial, zoning classification. This property does not meet the minimum standards for the M-Z, Heavy Tndustrial district, for lot width or lot area; however, to deny these two particular variances would render the property nonbuildable and would therefore constitute a taking by the City. Staff would recommend that the Commission approve the two variances to reduce the lot area and the lot width. Side and Rear Yard Setback Variances Ms. McPherson stated there are several variances regarding side and rear yard setbacks, two of which are created by the expansion. The side yard setback to reduce the side yard from 35 feet to 8 feet on a corner lot is already an existing condition. Staff is recommending the Commission recommend approval of this variance as it is an existing condition and would bring the property into conformance. . . i APPEALS COMMISSION MEETING. DECEMBER 4. 1990 PAGE 3 Ms. McPherson stated that the other two side yard and rear yard variances occur if the petitioner is allowed to expand the building. The expansion brings the building to within 8 feet of the lot line at both the rear and side (south) property lines. Granted, if the variances are denied, the proposed building expansion would not be as large as the petitioner has requested; however, there is still area for the petitioner to expand his building for additional storage space. For these reasons, staff is recommending that the Appeals Commission recommend denial of the two variances to reduce the side yard and rear yard setbacks to 8 feet. Ms. McPherson stated the last variance is to reduce the parking setback from 20 feet to 8 feet. The parking area occurs at the front of the building which is like a very large many car driveway and which would allow approximately ten cars to park. The parking area is an existing condition; and if it was built under today's code would require a setback of 20 feet from the lot line. Staff is recommending that the Appeals Commission recommend approval of this variance. Ms. McPherson stated that in addition to the fact that the petitioner has a second alternative for the building expansion, the parking area is only adequate for the existing use. Should the use change to manufacturing or office use in the future, the parking area would not be adequate to meet the code requirements for those particular uses. By denying the variances, the Commission can ensure that there is adequate area for additional parking, should the petitioner or some future tenant require more parking. Ms. McPherson stated that, in summary, staff recommends that the Appeals Commission reconunend approval of the following variances to acknowledge existing conditions on the site: 1. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required lot width from 150 feet to 89 feet; 3. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. These variances are the result of an existing condition and granting them will bring the property into conformance with the M-2, Heavy Industrial District, regulations. Staff recommends that the Appeals Commission recommend denial of the following variances: . � • APPEALS COMMI88ION ME$TING, DECEMBER 4. 1990 PAGE 4 1. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Denying the variances would ensure that adequate a�-ea remains for storm water det�ntion, adequate separation bet:ween uses, and area to provide off-street parking should the ��rimary use of the building change from warehousing to manufac:turing and office. Mr. Kuechle asked staff how many parking spaces are re:quired for the building as it exists and how many parking spaces would be required with the proposed expansion. Ms. McPherson stated the existing building is approximzitely 5,000 sq. ft. of warehouse space; and with the additional space, the petitioner would need 6.9 spaces total. The proposect expansion would require 1.75 spaces. Mr. Kuechle stated 8 feet from the lot line does not give much room for fire access. Dr. Vos stated the expansion as proposed by staff is less than half of that proposed by the petitioner. It is pretty narrc�w. Mr. Humberto Martinez stated that he has been in b�usiness in Fridley since 1980. He is working in the design� for food processing plants such as General Mills, Pillsbury, Land 'O Lakes. He has big business competition, and it has been a 10 year struggle. He purchased this building 4 years ago, and:he has made repairs and tried to improve the appearance during thE� last four years. Mr. Martinez stated that people have been stealing ma�:erials out of his storage yard, even though it is fenced. A�t the last inventory check, he had lost $5,000 in 20 foot long p:ipes. That is the reason he is presenting this plan to expand his building so that he can store his materials inside. He is not p:Lanning any other future manufacturing use or anything for this building. He just needs to get his valuable materials inside. Mr. Martinez stated this is a very old building and does not meet any of the existing codes. The building to the sout:h is built right up to the lot line, and he is asking to build !3 feet from the lot line. There is a parking lot between his building and the building to the south, so there would be 30 feet i�etween the buildings and pienty of room for fire access. Mr. Martinez stated it is not feasible to expand his :building as proposed by staff because of the high cost of buildi.ng. He is proposing an additional 3, 000 sq. ft. If the varianc�es are not . � � � � �PPEALS CO2il�II88ION MEETING. DgCE1rIBSR 4, 1990 PAGE 5 granted, he would be willinq to negotiate a reasonable area that would be economically feasible to build. Ms. Savage asked about the concern about storm water run-off. Mr. Martinez stated he is not very familiar with that, but it could be taken care of with the building permit to keep the run-off from going onto other properties. Ms. Dacy stated staff realizes this is a very small property; - however, the addition proposed by the petitioner is almost 50� of � the lot. Although the petitioner has said he does not need any additional area for parkinq or use the space as warehouse space, he may not be here 5-10 years from now. Staff is concerned that if the property changes use, there is a building that is basically too big for the property and a problem has been created. Staff understands that Mr. Martinez needs to expand, but they are just adhering to the principles identified in the Code. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOBED ]1T 8:10 P.M. Mr. Kuechle stated this request is a difficult one. On one hand, he likes to see a business stay in Fridley; yet ori"the other hand, the water retention and parking concerns are not really addressed in any meaningful way. Until there is a plan that takes care of these two problems, he would recommend denial of the side yard and rear yard variances. He would recommend approval of the lot area, lot width, side yard setback on a corner lot, and the parking setback variances--conditions that are existing. Ms. Savage stated she shared some of these same feelings. They certainly want to encourage businesses in Fridley, particularly small businesses, but she is very concerned about storm water retention and access for fire-fighting equipment. She also would recommend denial of the side and rear yard variances. Dr. Vos stated variances 1, 2, 4, and 6 are already existing conditions. So, essentially, by denying variances 3 and 5(side yard and rear yard variances), they are denying the variances for the proposed addition. Regarding the storm water retention, the property to the south appears to have no retention pond. This is such a small lot compared to the lot to the south with a larger building so he did not know how they could measure the impact of water retention on other properties. If the variances are denied, and the petitioner builds the smaller addition, he did not believe there would be much impact. One possibility for water retention, although not ideal, would be to contain water on the roof. The only place he would see a problem with fire access would be on the . . APPEALS COMMI88ION MEETING. DECEMBER 4. 1990 PAGE 6 west side if that property developed, because there is parking lot abutting the property to the south. He stated he is going to recommend approval of all the variances, as he did not see any major problems. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approval of the following variances: l. 2. 3. 4. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feetj to 1/3 acre (14,320 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; Per Section 205.18.03.D. (2) .(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; Per Section 205. 28. 03 . D. (5) .(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPLRSON SAVAGE DECLARED THE MOTION CARRIED QNANIMOIISLY. MOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council denial of the following variances: 1. 2. Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOICE VOTE, SAVAGE AND RIIECHLE VOTING AYE, VOS VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. Ms. McPherson stated both the variance request and special use permit request will go to the City Council on January 7, 1991. CONSIDERATION OF 1991 MEETING ATES: MOTION by Dr. Vos, seconded by Mr. Kuechle, to approve the 1991 meeting dates as follows: �• J CITY OF FRIDLEY APPEALS COMMISSION MELTING, MARCH 26, 1991 ..................... «... «.......,..........................,..,.................,..............,.....,.................,....................,.......................,....................,.... CALL TO ORDER• Chairperson Savage called the March 26, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Carol Beaulieu Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. APPROVAL OF MARCH 12 1991 APPEALS CONIlKISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the March 12, 1991, Appeals Conunission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DBCLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE REQUEST, VAR #90-31, BY HUMBERTO MARTINEZ: 1. 2. 3. 4. 5. Per Section 205.18.03.A of the Fridley City Code, to reduce the required iot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,080 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 88 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 2 feet and 0 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; �• APPEALS COMMISSION M$ETING, MARCH 26. 1991 PAGE 2 To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., Fridley, Minnesota (Food Process & Control). MOTION by Ms. Smith, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the southwest corner of the intersection of 78th Avenue and Beech Street. The property is zoned M-2, Heavy Industrial, as are the other properties to the north, south, east, and west. Ms. McPherson stated that on December 4, 1990, the Appeals Commission reviewed a variance request for an addition which would create an addition to the south and west of the existing building. At that tima, staff recommended the Appeals Commission recommend approval four of the six variances as they are existing conditions on the site: 1. To reduce the minimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required lot width from 150 feet to 88 feet; 3. To reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. To reduce the parking setback from 20 feet to 8 feet. Ms. McPherson stated staff recommended the Appeals Commission recommend denial of the following variances which are related to the addition itself: l. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Ms. McPherson stated that on December 4, 1990, the Appeals Commission voted 2-1 to recommend, per staff's recommendation, denial of the request to the City Council. Ms. McPherson stated that since that time, the petitioner has revised his request to only enlarge the building toward the south property line, leaving the rear of the property open for any future expansion of parking area, for the creation of a retention pond, and any other code requirements the City may require. � APPEALS COMMTSSION MEETING. MARCH 26, 1991 PAGE 3 Ms. McPherson stated the proposed request will reduce the side yard setback from 20 feet to 0 feet. The expansion will allow the creation of six additional parking spaces at the rear of the property, should the use of the building change from warehouse to manufacturing or from warehouse to office and manufacturing. Ms. McPherson stated that while the petitioner's revised request has less impact on the site, staff still feels the site is still being overbuilt. There is still the concern about whether there would be enough area for additional parking area to meet code requirements if the use of the building changed. If the area in the rear is converted mainly to parking, there will be less area for the petitioner to meet drainage and retention requirements. Ms. McPherson stated staff is recommending that the Appeals Commission recommend to the City Council denial of the variance request to reduce the side yard setback from 20 feet to 0 feet. However, if the Commission decides to recommend approval, staff recommends that the petitioner should have the adjacent property owner write a letter acknowledging the existence of the zero lot line. Ms. Smith asked how close the building to the south is to the lot line. Ms. McPherson stated the adjacent property owner's parking area and setback area are adjacent to the petitioner's proposed addition, so there would be some distance between the buildings. If the parking lot was built to code, there should be 5 feet of grassy area between the parking area and the proposed expansion. Dr. Vos asked if there are any fire code requirements for the building for zero lot line. Ms. McPherson stated the code allows zero lot lines for buildings that share common walls. She believed the construction of this addition would be such that the fire rating of the walls would be in accordance with the building code and that would help prevent the spread of any fires. With the previous proposal, the openings in the south wall required a 3/4 hour fire ratinq, and she would anticipate that since the new proposal is to the zero lot line, no openings would be allowed in the building wall itself. As far as access to the proposed expansion, there would be fire access from the rear of the property. Mr. Humberto Martinez stated that when he went before the Planning Commission with his special use permit request, the Planning Commission asked him if he would be willing to come up with a compromise. He stated he has done that, and that is why he is back with this new proposal. � APPEALS COMMISSION MEETING, MABCH 26, 1991 PAGE 4 Mr. Martinez stated there is a fire hydrant at the corner of his building so there is good fire access. He stated there is about 4-5 feet of grassy area between his lot line and the parking area of the neighbor to the south. Mr. Martinez stated his neighbor is well aware of what he is proposing and has expressed no objection. His neighbor cannot expand anymore because he is already overbuilt in accordance with City Code. Mr. Martinez stated this is an old area of Fridley, not a modern commercial or industrial district, and there are a lot of nonconforming situations in this area. The owner who built the original building could build right up to the lot line at that time but decided, for some reason, to build up to 2 feet from the lot line. Other buildings in the area are built right up to the lot line. This is an unusual situation, and he hopes the Commission will look favorably upon �is request for a variance to allow him to expand his business. Ms. Savage stated that she had driven by the petitioner's property that morning, and she noticed that there were quite a few cars parked on the street. Mr. Martinez stated that those cars do not belong to his employees. Those are cars from neighboring businesses. A11 the cars associated with his business are parked in his parking lot. He does not receive customers at his business. Ms. Savage stated that even though these are not cars associated with the petitioner's business, parking in this area is still a concern if the use of the business should change. Mr. Martinez stated that is why he is leaving room at the rear of his building for additional parking. Ms. Savage stated that if the area to the rear is used ior parking, there is still the concern expressed in the staff report that there would not be room for water retention or drainage purposes. Mr. Martinez stated that if the area is not covered with concrete, but is left grassy or with gravel, there wouldn't be a problem and the drainage would be the same as it is now. Dr. Vos asked about the difference in lot coverage from the original proposal to the present proposal. Ms. McPherson stated the original proposal increased the lot coverage to almost 51�, while the new proposal increases the lot coverage to 4 4 % . � APPEALS COMMISSION ME$TING, MARCH 26, 1991 PAGE 5 Dr. Vos asked why Mr. Martinez had left a gap between the proposed addition and the original building. Mr. Martinez stated that area would be a picnic area for his employees. Ms. Savage asked Mr. Martinez if the variance is denied, what will he do? Mr. Martinez stated that if the variance is denied, he will be forced to start looking elsewhere to buy a building where he will be allowed to expand his business. Ms. Savage asked Mr. Martinez if he could design the addition in such a way as to not need a variance. Mr. Martinez stated he tried to do that before he came in for his first request, but he did not see any way to add on what he needs without a variance. Mr. Kuechle asked Mr. Martinez if he would consider reducing the building down to 2 feet from the lot line to bring it in line with the existing building. Mr. Martinez stated he did not think 2 feet would be much of a problem. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECI,ARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8500 P.M. Mr. Kuechle stated he would be willing to approve the variance at 2 feet instead of 0 feet. This would give a little space along the building and the lot line. Anything less than that is really denying the petitivner the ability to add on anything. Dr. Vos stated he had voted in favor of the variances at the December 4, 1990, meeting. He stated he agreed with Mr. Kuechle. With the petitioner's liability, it would be to his advantage to be off the lot line by 2 feet. Ms. Smith stated she also agreed. There is no other alternative for the petitioner to add on to his building. Ms. Savage stated she has struggled with this request. It bothers her that nonconformity is being allowed to continue. She stated the property is overbuilt, and she is concerned about future owners of this property and the use of this building. She stated Mr. Martinez has made an effort to reduce the expansion. She did not like the zero lot line, but she is willing to go � APPEALS COMMI88ION MLETING. MARCH 26, 1991 PAGE 6 along with the other commissioners in recommending approval of the variance to 2 feet, even though she is not very comfortable with this decision. MOTION by Mr. Kuechle, seconded by Ms. S�ith, to recommend to City Council approval of variance request, VAR #90-31, by Humberto Martinez: 1. 2. 3. 4. 5. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to l/3 acre (14,080 square feet); Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 88 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 2 feet; Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner Zot from 35 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet; To allow the construction of an addition on Lots 1-5, Block 6, Onaway Additian, the same being 7786 Beech Street N.E., to allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E., with the following stipulation: 1. Special Use Permit, SP #90-18, shall be approved. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. OTHER BUSINESS: Ms. McPherson gave a verbal update summarizing the recent Planning Commission and City Council actions. ADJOURNMENT- MOTION by Dr. Vos, seconded by Mr. Kuechle, to adjourn the meeting. Upon a voice vote, Chairperson Savage declared the March 26, 1991, Appeals Commission meeting adjourned at 8:15 p.m. Respectfully submitted, `� �-� � �;C,� ,�Ck; � Ly, e Saba Recording Secretary � � _ � J Community Development Department PLAI�TNING DIVISION City of Fridley DATE: April 3, 1991 ��. TO: William Burns, City Manager �, � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIB�TECT: Variance Request, VAR #91-05, by David and Sheri McCain Attached is the above referenced staff report. At their March 12, 1991, meeting, the Appeals Commission voted unanimously to recommend to the City Council approval of the following variances: 1. 2. To reduce the front yard setback from 35 feet to 19 feet for the existing structure. To reduce the front yard setback from 35 feet to 24 feet for the living space portion of the proposed addition. The Appeals Commission recommended denial of the variance for the proposed garage and added the following stipulation: 1. The accessory structure shall be removed upon completion of the construction. Staff recommends that the City Council deny the variance as the petitioner can meet the code requirements. MM:ls C-91-177 0 � � STAFF REPORT APPEALS DATE March 12, 1991 CI�TY OF PLANNING COMMISSION DATE f R! DLEY CITY COUNCIL DATE April 8, 1991 AUTHOR ��1 c REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES $ ZONING UTIUTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH AOJACENT USES 8� ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENOATION PLANNING COMMISSION RECOMMENDATION VAR #91-05 D�vid and Sheri McC.ain To reduc�e the front yard setback fn�n 35 feet to 24 feet 689 Fairiront Street N,E. 11,000 sq. ft. 1�1, Single Family Residential I�-1, Single FaQnily Residential, to the north, south, west and east Yes Yes i�nial Approval -- . �-- ----- - — -- - �.�=:•�"'_.—�:`-'R_ _ �. ,. , - " ,fr, REVISED AUOIiORS � ,.r � ; �V � � ` �, .� : 3 '�'' 4 ` '� :0 �. �... ., , ` .. -_r.... �•,�- _ 'vi , ..� �iJ I ;. :i" -- -. -nv�v .3- � h)I �«;3�•�=��,r; , � \_ 3 �� '} �� ' ��. . 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I s. � �. � . �� ~ ic = -� . i � ,j ' „ ,� �,� , . �,� a�� c�y'' i„ ' , �.,, �; X, k c is 10 •� I/ a.�� "*'y,M ''" REEj `�..1 «. . � � , , �,• �'; . . � -.. 1d"ii � � .. � v '�E ; ./�_.a�y �• ♦ : � 'r . wa> s .14 '� zz �� NOc: 10� f 5 REY •,:1� �'�^ � � � y � � � � , r. i.v c s[c. s � ` � i �� ,..�' � •1 •�,wyY��i .�.'•1 Y� �- v. E� ,� ;.+��•' A+�.�' . . �� \ VAR ��91-OS David McCain �� -�-,..�-- - - - �'=—; QQ �� a ,� � � . \` ,o , . 1 J ° •� �� \� �� P : ��`�.,'y' I �`z`�\1 :'0 ,,-.., °a� \ � \1 � : N0. 103 \\ � 7 � `t 6 , ' i> � CtTY OF COON RAPtDS . ,, ,� ;� �„, ,... - � T. �'T.Tr s.': 1 ZT-m � 4 u� �IiY OF {• i ; ^ - _� RIULEY ..... - -EV ,,.,� � A11U� �S , �, * m..l� 6° �. .cf.. yN ;t �#V � /v ' � ,�ry ��_ R D 1�:. r�� `t�y-;::: ;�21 '� 2?l 2�2 25 � � • � �� A 0. � �...�w ,� /�., ,� � �' I �IllOtiT,QN — STREET � " �'9� � � � C U/NAft , " y�q�d�� ' z • � ' - : ' {� F� � � DOlT/QN � � _ (i.. �� . �.I � ' t . Y`p �! i j t�� i� �/ ;.��YsxWHatl�tla�� ` <,Y .'I ro �a t� �� ,� �_ • •:'• _ .. . . .. �y ' . i I jA� « N�`,M ,� ', � I� ' R'w� a -ln.. ��,�y„ sj�' � tW ✓n.v7rn u �w� Y'�T�! �; � q.��, f "` ' ,1 .IN �, ...i i°'�.•-,l7. .�� t� fy `lbJyC�:�£�.....:�r� :� ,`�� ir�� _:'a, �-f,,�� s' � �� y 1 _ � %. . . , ' '' / r � ' .�' �° �'' ' RU'fTi `i •: .�� Y .Nj � ' fAIRMON '�� ' �; ' � � ' ,;� ,, . �•...,,, ��., ��._ � .,t ,� RcN �� ,� '� . ,r .,� � � • . � ? ~ NI C�ri .C. )� Y� _ J � iN. I�,� �Y/ �!^'f iJ--� fZ.. i �T M"� so,' �CIRCLE Y '�� 'O � • D� ¢ -� Y�'�y� ::: ... ' ::_ •C�RCLE ;: _'J4 P .r�� iP/ `:► � �•�{� , : �i �2 �..,�i • i ul: � �S: r` �,� •t •, :n., A.� �! � . �3 �; . i �•� � ,- ... � � -- - s� � 1 �/ i 9B LC)CATION MAP � i i � � � � � � I.��C�ir � � ' � 6�i� � � � ��'''` i .,. � �. ��" , � . . .�� , l,,:,},'"•• = �► � � � � . ` ri•r.�i'" ; � • ..� �lii �� i � _ .�: � i � �: ' c �'��t1• c .. :■■: • :� ��• �r� r .�e � ' � i;Rli �.�a .,: � �1��= e .�� .::� ,� ,:::; � �� :::: ,.��,_.. tt � � �1 �� VAR ��91-05 David McCain O � �'► R •.� .� p � ,� ` � `� `'� ' �: .:�'��. �� '� v t �� : � � �: \ �, �w ` �� r_►��r�� l�7i4i�'�' �� Q�r� I � w � ��'�� - �! :m�a � �s�► m�� (% _ �"-, 4 �r u. h ELif , � �C eQ� 9 ' 8 P �� . �o . t , . . , v ., � o (! , L ,� LIBERTY 'i ` , J ,,� � '` v � ,,� � ♦ • � `. x � LONG LLOW I � \\\ ` � ,� ; �� , y � � � . . : .� z . ., . .� , �� ...,,, .•.•, � \ • , . : - ''�� i, � • tia . . { ; ,,� RI V ERV�4.�W� �" '�� y�' �� ` 68 ' � • � ; • • � HEIGN �' a f.. � k , :� . ��•, �� +�-. k. ' ; ` '� , a � Q _�t t � ` � � � • • � � � � � ��W t �(� � �� • � \ ` /' � 1y ' �'��,�� l .� i5�� ♦ ` \\ •� , ! .� � y �Ai+i 1r •�► � � � Ei" s • • • d, " '1 A ♦ `,�\ � � V �t - 1 � �ti g y10,y � ., �� \�� '. - `�'. ♦ • ,- 1 `� � 9 0�' •;,�'.? �i�"� - �, � !` ' � 1 - • 1 . �o ?Q� " •�'�i ZONING MAP Staff Report VAR #91-05, David and Sheri McCain 689 Fairmont Street N.E. Page 2 A. STATED HARDSHIP: "Existing house is not set back far enough." B. ADMINISTRATYVE STAFF REVIEW: Reauest The petitioner is requesting a variance to reduce the required front yard setback from 35 ieet to 24 feet for Lots 17, 18, 19, and 20, Block T, Riverview Heights Addition, the same being 689 Fairmont Street N.E. As the property is within the Flood Fringe District, the petitioner has also applied for a special use permit as required by the O-1, Overlay District requirements. Site Located on the property is a single family dwelling unit and a storage shed. The petitioner is proposing to construct an addition to the existing single family home which will include a two-car garage, living room, and two additional bedrooms. The shed will be removed when the addition is completed. The property is zoned R-1, Single Family Dwelling, as are the properties to the north, south, east, and west. Analysis Section 205.07.o3.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight�� encroachment into the neighbor's front yard. The petitioner's existing house currently does not meet the front yard setback and is 24 feet from the front property line. The petitioner's house is set back equal to or behind his adjacent neighbor's homes. The petitioner is proposing to extend the front wall of the existing house west as he constructs the proposed addition. While it may be inconvenient for the petitioner to redesign the proposed structure, there is adequate lot depth and no topographic change which would prevent the petitioner from meeting the 35 foot setback. • � Staff Report VAR #91-05, David and Sheri McCain 689 Fairmont Street N.E. Page 3 Recommendation As the petitioner can meet the required 35 foot setback, staff recommends that the Appeals Commission recommend to the Council denial of the variance request. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the variance request as follows: l. To reduce the front yard setback from 35 ieet to 19 feet for an existing condition. 2. To reduce the front yard setback from 35 feet to 24 feet for the living space portion of the proposed addition. The Commission recommended denial of the variance for the garage portion of the addition and added the following stipulation: 1. The accessory structure shall be removed upon completion of the construction. City Council Recommendation Staff recommends that the City Council deny the variance as the petitioner can meet the code requirements. 9E VAR �� 9 1-OS �1 1 C rLly�v VAR ��91-OS David McCain _ rLVUH PLAN t t c r• : � t R � � VAR �691-OS David McCain 9H ELEVATION G�I'!'Y OF FRIDI�Y 6431 i�TIV�'RSITY AVIIV[1E N.E. FRIDLEY, I�T 55432 (612) 571-3450 ��_II IU 1� 11J �_C� ' �,� II �1/ �.C.� ��u.' ■ _.. _ _ _. _ _».,..,,..,,, _ _ _... VARIANC� AP�LIC�iT'I�d F�N! ..........�....r.,.�.._._- �..�___ P�bDPEt�TY II�Il�TI�T - site plan required for sui�nittals; see attac3zed �S: �f'9 FA�2rHr�r �� NE F2� c F � I�ga1 description: �t � 7 � � 5, za Blorat _ T Track/,s 12� vF2 ✓iF�.l {�� ► S_ CUrrent zoning: �si_7t,J i i F�L, Square fartage/acr�eage 1 1� bnn Rea.son for variance ar�d harc3ship: _C XISi ��IC �n 1 .S _ i/��T [` 1� /s NOT St i QAe.k F(�R F�Jo�Ar.� Section of City oode: _.,..........____��___�_-.-�_-_---�-,--,,.,,, ...,._..�.�,�,__.._.._._.,.�__� � vwt�t n�o�TT�r (Contract Purchasers: Fee Owners iaeust sign this form prior to prooessir�g) r� ��-�,� S. � s-tt�2� �. M e C'�t �,J • ..,• �. • • , s � r f �, i r, ►• -�.' � .L- nA�rrwr� pF� ��(r -C�g7� n� �-/J1f 9i P�.'riTlor� n�nx�,zzo�r .�....�.�....r...,.�....w.�..�_.... r�r� ..;� � .� �� •.� szc�� Fee: $ioo.00 �_.�...__.._____�_�� $ 60.00 �p for residential prc�.rties �t v� # q l-� 5 �� # 3�/� 6 Application reoeivea by: Scheduled Ap�peals Oce�¢nission date: Scheduled City ornuicil date: ..._._..,._.._..._._�_____�.._�...�.__......_.��.._.�._. .r..�...��...,.�........._.....�.__�..�__ 91 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-05, by David S. and Sheri L. McCain: Per Section 205. 07 . 03 . D. (1) of the Fridley City Code, to reduce the required front yard setback from 35 feet to 24 feet, to allow the construction of an addition, on Lots 17, 18, 19, 20, Block T, Riverview Heights Addition, the same being 689 Fairmont Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 9J City �uncil City Manager Lb.ane Savage 567 Rioe C�ek Z�rraae N.E. Fridley, N�T 55432 David and Shari N1�Cain 689 Fai�t Street N.E. Fridley, NN 55432 Virgil Acker 630 Glenooe Street N.E. Fridley, NN 55432 Rr�nald Hilson 6 45 Fai.rnbnt Street N. E. Fridley, NN 55432 Anna Wiebke 689 Fai.rnbnt Street N.E. Fridley, NN 55432 Kenneth Hopper 675 Faixiront Street IJ.E. F`ridley, M[�TT 55432 Michael Arnian 8065 Riverview �rrace NE Fridley, ML�TT 55432 I�II�'II�]G LIST FQR VART�IJC.E # 91-Q5 David S. & Shari L. McCain 68� Fai.xm�nt Street N.E. Mic�ael Malone 635 �Ely Street N.E. Fridley, MJ 55432 Donald Ienun 651 Ely Street N.E, Fridley, NN 55432 Jean HT_exnex . 6�5 Ely Street N. E. k`ridley=, 1�Td 55432 Wi lli.am Tnlagner 681 Ely Street N.E� Fridley; M� 55432 Ri.chard Cook 6�Q �'ai�t Street N. E. Fridley, N.�T 55432 Jack Smith. 64Q Fai:�t Street N.E. Fridley, NIlV 55432 Michael Scareella 809Q Bx'oad Avenue N.E, Fridley, N�1 55432 Mailed: 3/1/91 Allan Stahlb,erg 8055 Rivervi�t Terxaoe N.E. Fridley, NN 55432 Rahert Eastnian 641 Gle�coe Street N.E. FYidley, N�I 55432 Richard Lin�oln 681 t�lenaoe Stx�et N,E, Fridley, MV 55432 John Rice 683 Glenc�oe Street N.E. Fridley, M�1 55432 Chester Schack 685 Glenooe Street Pd.E. Fridley, NN 55432 Randy Robinson 635 Fai�t�nt Street N, E. Fridley, NN 55432 RQbert Fournier 8095 Riverview Terrace N.E. �'ridley, NN 55432 Robert Johnson 68Q Gle�aoe Street N.E. �`ridley, 1�Rd 55432 William S�er F�otaert Kudla Forrest Wilson 190 Liberty Street N.E. 688 Fairn►�nt Street Pd.E. 670 Glencoe Street N,E. Fridley, NN 55432 Fridley, MV 55432 F`ridley, NN 55432 9K (see other side) DATE: March 10, 1991 T0: Al1 City of Fridley Committee Members and Elected Officials RE: Variance of front setback at 689 Fairmont St. POINTS TO PONDES If the front of the house is already 34' from the street would it really make any difference tv have the rest of the house the same? When they made the setback code it didn't take into consideration that lots in Fridley varied in depth. Its fine to setback 35' on a lat thats 150' or more in depth but for a 110' lot it reduces the size of the backyard, so the kids of the families have to play in the street because the front yard is the only place to play. (My neighbors kids have to play in the atreet because of no backyard.} The code should read in a� of lot depth for setback. The map that T made, that the committee revised, shows our house 24 feet from the street, because there is a 10' easement (boule- vard) on these 110' lots, so in reality my Iot runs 120' from back lot line to street. When I first thought of this addition, I was thinking on the same lines that you were, to jog the front of the addition back to the 35' line, but the more I started to think about it the less sense it made. Three neighbors (aIl were construction workers too) and I talked about it (the addition) and they said "Wouldn't it look better if you got a variance and lined up the addition to match the frant of the existing house", I said "they (the committee) probably wouldn' t give me one" . The more i thought about it ( 7 years or so) the more sen.se it made to line up the house to make it more esthetically p2easing, not just for convenience (I have to spend more money to have custom built trusses to line up the roof pitches) but so the neighbors wouldn't have to look at an addition for the rest of their lives, but one geometrically proportioned house. . Now lets take a hypothetical situati.on, there house, the Fridley Fire Department arrives, the the bedrooms in the addition, and there is a the addition was straight the hall�ay wouZd be and knowing that its a bedroom hall they would that hall. On the other hand, if the addition (Over) �L is a fire in our fire is in one of lot of smoke. If easily accessible check all rooms in were jogged, I'm � not so eure that they Mould qet to the other bedrooma because in a normal houae all the bedroone are lined up in one common hall- �ay. Like I've mentioned before, I'va been thinking about hoM to build this for about 7 pears, so a lot of thought Ment into it. We hope you Mill graat ua this variance so Me can build our dream that took years to construct. Respectfullp, David � Sheri McCain Petitioners . � �% 9� 3. 4. 5. Per Section 205.18. 3.D.(2) of the Fridley City Code, to reduce the side yar setback from 20 feet to 2 feet and 0 feet; Per Section 205.18.03. .(2) .(b) of the Fridley City Code, to reduce the side ya setback on a corner lot from 35 feet to 8 feet; Per Section 205.18. 05. D.�5) .(a) of the Fridley City Code, to reduce the parking se back from 20 feet to 8 feet; To allow the construction of addition on Lots 1-5, Block 6, Onaway_Addition, the same ing 7786 Beech Street N.E., Fridley, Minnesota (Food Proces & Control). This item was tabled at the request� of the petitioner to the meeting of March 26, 1991. \ CONSIDERATION OF VARIANCE REOUEST, VAR #91-05, BY DAVID S. AND SHERI L. MCCAIN: Per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the required front yard setback from 35 feet to 24 feet, to allow the construction of an addition, on Lots 17, 18, 19, 20, Block T, Riverview Heights Addition, the same being 689 Fairmont Street N.E., Fridley, Minnesota, 55432. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the variance request is for the property located at 689 Fairmont Street N.E. The petitioner has also applied for a special use permit as the property is located within the flood fringe district and a special use permit is required. The property is zoned R-1, Single Family Dwelling, as are the surrounding properties. Located on the lot is a single family dwelling and a shed, which will be removed when construction is completed. The petitioner is proposing an addition to the west of the existing house which will include a living room, bedrooms, and garage space. Ms. McPherson stated that staff reviewed the request and determined that there is additional area on the lot to place the proposed addition at the 35 foot setback. The existing house is at 24 feet. The proposed plan does not meet the code requirements, and staff has determined that there does not appear to be any topographical or site restraints to prevent moving the addition back, other than 9N APPEALS COMMISSION MEETING MARCH 12 1991 PAGE 3 the proposed addition would have to be redesigned. Because there is an alternative, staff proposes denial of the variance request. Mr. Kuechle stated, on the site plan, the setback is said to be 24 feet. However, in looking at the floor plan, there is an area off the kitchen which extends out to the south. Mr. McCain stated this area is an existing porch. Ms. McPherson stated the petitioner would need a variance to correct the existing condition. Even if the proposed addition complied with the 35 foot setback, Mr. McCain would still be here to correct the existing condition. Ms. Beaulieu asked how far back the other houses were that are next to this property. Ms. McPherson stated the petitioner's house is set back similarly to the neighbors� homes. Mr. Kuechle stated, as far as he recalled, this property is as far forward if not more than the others in the area. Ms. Savage asked, when talking about being forward, is this talking about the porch? Ms. McPherson stated the dwelling, as a mass, appears to be set back similar to the other houses to the side. Mr. McCain distributed to the Commission members copies of a memo regarding the variance request and their reasons for requesting the variance. MOTION by Dr. Vos, seconded by Mr. Kuechle, to receive the March 10, 1991, memo from Mr. and Mrs. McCain and to accept this memo as part of the record. UPON A VOICE VOTB, ALL VOTING AYL, CHAIRPERSON DECLARED THE MOTION CARRIED IINANIMOIISLY. Dr. Vos asked the width of the lot. Mr. McCain stated the width of the lot is 100 feet. Dr. Vos asked what the length of the house would be including the garage. Mr. McCain stated the structure would be 72 feet in length. Ms. Savage stated, in the memo, the petitioner had stated the addition had been planned for some time. She asked Mr. McCain why • � APPEAL8_COMMISSION MBETING. MARCH 12, 1991 PAGE 4 he felt he needed the variance and what the hardship was. Mr. McCain stated the hardship for adding on to the house is that like the area and they do not have the money to buy another house. They can, however, build onto their current home. Another hardship is that, in jogging the addition back to meet the code requirements, it throws off floor plan for the entire home. There would then only be about 6 feet to put in a hallway to the bedroom area and an entrance to the living room. In planning the addition, he is trying to make the traffic flow through. The more he thought about conforming to the current code, the more it made sense to get a variance in order for the house to make more sense. He has always had plans to do something like this to the house. Mr. Kuechle asked what the possibility would be to setting the garage back of the living area. Mr. McCain thought this could work. Mr. Kuechle stated one of the strongest reasons to deny the variance for the garage is that there is not much room to park off the street. Mr. McCain stated the garage is nearly 34 feet from the actual street. There is adequate room for off street parking. The parking does not interfere with anything in that manner. Dr. Vos asked what the setback requirements are for parking. Ms. McPherson stated the requirements are 17.5 feet for a corner lot on the side, and 35 feet for the front. There is a provision in the code for accessory structures. Dr. Vos asked if Mr. McCain felt his lot was typical of the lots in the neighborhood. Mr. McCain stated he thought it was typical in that area. There are some lots that are smaller in a nearby neighborhood. Ms. Savage stated she wondered about the porch which is even closer to the street than the current 24 foot setback. Mr. McCain stated it is about 5 feet closer. This area is a breakfast nook where the family eats. It is now enclosed and he would like to keep it. Ms. McPherson stated this should have been clarified with the petitioner. This area would have an approximate 19 foot setback. The variance should be corrected to read 19 feet where the breakfast nook is located and 24 feet for the remainder of the house. This is also considered an existing condition. • • APPEALS COMMISSION MEETING. MARCH 12, 1991 PAGE 5 Ms. Savage asked what the neighbors thought of the proposal. Mr. McCain stated no one has opposed his plans. The neighbors thought it would make more sense to get a variance. Mr. Kuechle asked what needed to be done about the area that is 19 feet. Ms. McPherson stated it is within the Commission's charge to make a recommendation based on the fact that this is an existing condition. Ms. Savage asked if the petitioner had designed the addition himself. Mr. McCain stated he had designed and laid out the floor plan. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to ciose the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SA4AGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. Mr. Kuechle stated he recommends approval of the 19 foot setback to cover an existing condition. He recommends approval of the living portion to 24 feet, but recommends the garage be set back to meet the code requirements. The house would look better if the garage is jogged 11 feet. If you look at the existing floor plan, it would create a hardship to set back the addition. He did believe the petitioner could set back the garage to give the street offset which he felt would improve the look of the structure without adding much expense. Dr. Vos stated, in looking at the garage, at 32 feet this is very deep and could be moved back and still get a good garage. If you look at the face view, the home will be long without an offset garage. He would recommend approval with the one change. The off street parking should be a concern in that area. Ms. Savage s�ated she agreed. She has a problem with the portion of the structure that makes it look closer to the street, but this is an existing condition. She would be willing to approve the request as discussed with the garage set back. Ms. Beaulieu stated the aerial view shows that the house lines up with the other houses. She agreed with the recommendation to set the garage back and thought it would improve the looks and would be within the code requirements. Dr. Vos stated he understood the shed would be taken down. • � APPEALS COMMISSION MEETING. MARCH 12, 1991 PAGE 6 Ms. McPherson stated that according to the site plan, the shed is on the lot line so, if kept, would need to be moved. However, the petitioner will be removing the structure. MOTION by Dr. Vos, seconded by Mr. Kuechle, to recommend approvai of variance request, VAR #91-05, with the following changes: to reduce the required front yard setback from 35 feet to 19 feet for the existing condition, to reduce the required front yard setback from 35 feet to 24 feet for the living space, for the garage to be set back at 35 feet to meet Code requirements, and the accessory building be removed when construction is completed. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council will hear this request at the same time they hear the request for the special use pernait on April 8, 1991. CONSIDERATION OF VARIANCE RE EST VAR 91-06 BY RANDALL OLCHEFSKE FOR RIVERSIDE CAR WASH: Per Section 205.14.03.C. b) of the Fridley City Code, to reduce the required side y rd setback on a corner lot from 35 feet to 19 feet, on Tract , Registered Land Survey 19, the same being 6520 East River oad, Fridley, Minnesota, 55432. MOTION by Mr. Kuechle, seconded Dr. Vos, to open the public hearing. QPON A VOICE VOTE, ALL VOTiNG AYE, C IRPERSON SAVAGE DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARIN OPEN AT 7:55 P.M. Ms. McPherson stated the property i located at the northwest corner of the intersection of Mississip i Way and East River Road. The property is zoned C-2, General Bus'ness. There is property zoned R-3, General Multiple Family Dwell g, to the west and south and additional C-2 zoning to the east. Th petitioner is proposing to expand the existing car wash by removi g an existing addition and adding a new addition. The purpose o the new addition will be to provide an area within which the peti ' providing window cleaning services, etc. proposed addition is actually going to be a proposed addition looks like a canopy, it wi that can be used to enclose the area during in winter. Staff has reviewed the plan � structure and not a canopy. The code does a] within the required setback area and the Cit exist. There are no alternative locations on the addition, but the petitioner could cons� • . oner can vacuuna cars, n this instance, the tructure. While the L have sliding doors i clement weather or nd agrees this is a lo canopies to exist � ha allowed them to the ite to construct :ruct the addition in ' �� Community Development Department �� G DIVISION City of Fridley DATE: April 3, 1991 TO: Willia n�� • m Burns, City Manager �, FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #91-06, by Randall Olchefske Attached is the staff report for the above referenced request. At their March 12, 1991, meeting, the Appeals Commission voted unanimously to recommend to the City Council approval of the request. Staff recommends that the City Council deny the request as the petitioner can meet the code requirements. MM:ls M-91-176 � � STAFF REPORT APPEALS DATE Mardz 12 , 1991 CI1Y OF PLANNING COMMISSION DATE F�DI..� CITY COUNCIL DATE APril 8, 1991 quTHpq �'t/1s REQUEST PERMIT NUMBER APPUCANT PROPOSED REQUEST LOCATION �17'E �ATA SiZ E OEN�ITY PRESENT �ONING ADJACENT LAND USES 8� ZONING UT'ILITIES PARK DEDICATiON ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIIITY WITH AOJACENT USES 8� ZONqVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-Ob Randall Olchefske, Riverside Car Wash Zb reduoe the required side corner setback fran 35 feet to 19 feet 6520 East River �ad N.E. 28, 700 sq. ft. C-2, General Busin�ess C-2, General Busines� to the north & east; 1�3, Gerieral Multiple F�nily Dwelling, to the south and west yes ►� Denial Approval VAR ��91-06 Randall Olchefske N l/2 SEC. /5. T. 30, R. 24 C/TY OF FR/OLEY �91 . ��% � � � � Mp� � y �Ow� � y h , � f N � �i. � � 'IS tit�/� � i� �O ; � _ \� � ��' in� '� ■�N ..�/ . I; ..r •w� �7IL1+ .:.. ,�; -- ti' .. ' �►�-----.�� -_ 1��I!� 14 .._� �- �--- - . .,... __ . 9U LOCATION MAP w� � ` � I� � � � I ; ; , . ' � � � i ( !' � � J '° . .. � ; ,. ' `� �, ��. � � � , ; �, � �: �� ,` �\ , ; , � , i , � � � , ..1_ =. VAR ��91-06 s' P 4Z -c ' �. ! . �, . .� 1 ,'� ;� ? � �� 3�� 9V ZONING MAP Staff Report VAR #91-06, Randall Olchefske, Riverside Car Wash Page 2 A. STATED HARDSHIP: "Economic survival requires offering additional services (vacuuming and window cleaning)." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required side corner setback on a corner lot from 35 feet to 19 feet. The request is for Tract D, Registered Land Survey #19, the same being 6520 East River Road N.E. The petitioner is also processing a special use permit for the expansion of a car wash facility as required by the C-2, General Business District, regulations. The car wash was expanded in 1987. Site Located on the site is a combination gas station/car wash. The property is zoned C-2, General Business, as is the property to the north and east. The property to the west and south is zoned R-3, General Multiple Family Dwelling. Analysis Section 205.14.03.C.(2).(b) of the Fridley City Code requires a side yard setback of 35 feet where a side yard abuts a street of a corner lot. Public purpose served by this requirement is to maintain adequate side yard setbacks and aesthetic open areas around commercial structures. The petitioner is proposing to expand the car wash by removing an addition to the facility which was added many years ago and adding an area where customers can have their cars vacuumed and their interior windows cleaned. The area to be added will function predominately as a canopy; however, this area will also have the capability of being enclosed during times of inclement weather or during the winter months with the use of sliding doors. Therefore, staff has determined that this is a structure and not just a canopy. A canopy is permitted to encroach into the required setback area (as is the case with existing canopy). 9W Staff Report VAR #91-06, Randall Olchefske, Riverside Car Wash Page 3 While the petitioner does not have any alternate locations to place the structure, the petitioner could choose to construct only a aanopy. The site does not have any unique or distinguishing characteristics which would entitle it to receive a variance. Recommendation Staff recommends that the Appeals Commission recommend to the City Council denial of the request. Appeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the reguest. City Council Recommendation Staff recommends that the City Concil deny the request as the petitioner has an alternative that would allow him to meet the code. C'l �� . -. ., : �; a; f� i ..�. � .,,,. . . .• . _? VAR ��91-06 Randall Olchefske _ � 3 � m � r__ e � � - r.-__-� _ � i� � � m i .,, � i � � m I �� 0 0 I d � � i ► o m i i � �_ � _ ° I I I � � 1 'I � I �� N 3 � � �� J , i � (// ''� � � = �� ! • i � � � ---------J :: �! � � � i : '� . -� 3s :� i e� i :3 i :: � o• � � M � � � -z;�� a �1 J_�� <� �� _: t��} .� ��a • c; � � SITE PLAN Cl'I'Y OF FRID�IEY 6431 IJNIVERSITY AVENUE N.E. FRIDIEY, ZIId 55432 (612) 571-3450 �� n ni �� rl �_c�lc •,� n a� �.--�__ �t�n :-i�_ VA1tIl�,'E APP�IG'ATT�1 I�QtM Pl�UPER�I'Y II��i - site plan required for su�niittals; see attached ��: _� s 2 � r . Rc��`2 ��pn. Legal description: ^�ytp �T ,D %� r'�. �.ONb Jv/t�/FS/ / 9 C�`2�� S%v � Bloa)c Tract/Addition Current zoning: �"�-- Square footage/acrea9e ,� E3� %� t� E cr�.✓dM/ � Sei..0 vi vnL �2t �vt�2.�J li•�f c•2 �r• �• � Reason for variarx:e dl'Y� ha'tr_ichiP; ,QOt�lTp�p�-- .fr/t v! �F.S� �E/.p a-�s�i�t/NG �e..f.,�;�ow� Gcr,r-�1iv y J P/PaJf 2FO��' .rr�r-- B�uc QN ! so��r}, .r�o � ��ns.rt .3.f' �a /9 ; Section of City Oode: � • ia�• � i � �� r• �� (Contract R�rhasers: Fee Owners mu.st sign this fonn prior to prooessir�g) r�r�_ �C AN �p t-� � C��(.c�r/C-C �ss_ �`�r. .s�/ � �' .c9L� N- w- NF� l��z-�� r� /� � SJ �/ Z_ nAx�rn� �� G��-s'� ,�� s'>/-� �� n SIC�iZURE L1ATE ��/ _��_�..�____�_�_�_��__�..�____�_�__.._�.._�___�______�_��.._�_..�_�__......___�_.._�___� PEI'ITTO��It II��OFt�TI�d N��ME /1 !�i-�YJI� LL ''!� ��G'1 �'��`C • � �,��._ '� A � N, w N� G� t�lzcS��sr� -r'-�//L nA� �xo� szc�v� �Y.�.�� GC�� n� -.r�"�3 �_s�,!-� 7 � n Fee: �_��__�..$loo. oo�� /i`/Zc,� .._��..__.._�.._____�___....�_.._�___�.._�_.._�_�__�� $ 60.00 for residential praperties Permit vAR # � � "- (� �o Reaeipt # � i l iv / Application received by: Scheduled Appeals Cbatenissi� date: Sc�eduled City Oo0.uicil date: _.._�..�_..�.._....__��..��___............_..�__....__�...,.....��...._�.,.��__..�_�_.._�.,_�...�.__..�_..��.._� �'L PUBLIC HEARING BEFORE THE APPEALS COMMI83ION Notice is hereby qiven that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-06, by Randall Olchefske for Riverside Car Wash: Per Section 205.14.03.C.(2).(b) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 35 feet to 19 feet, on Tract D, Registered Land Survey 19, the same being 6520 East River Road, Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. • � � ty O�tmcil ty M�nager ane Savage 7 Rioe C�eek Zterrave N.E. idley, N�1 55432 Randall P. Olchefske Riverside Car Wash_ 5520 East Rtver Rc�ad N.E. Fridley, NN 55432 Randall P. Ochefske 1651 - 20th Avenue N.W. New Brightari, NN 55112 I �r�on P7anage�zt, Inc. ' 321 University Avenue S.E. Minneapolis, NN 55414 Tyc�on Nlana�nt, Inc. 6540 East River Rs�ad N.E. Fridley, D�T 55432 Resic7ent/Ownex 655� East River Raad N.E. Fridley, NN 55432 '�Klaus Freyinger 1323 Bohland Place St. Paul, NflV 55116 Klaus Freyinger 6530 East River Road N.E. Fridley, N�1 55432 M�ILING LIST FUR ��P.►RI�1I�TCE # 91--Q6 Rd11C�d11 � e �I.Crl�f SjC2 Riverside Car WasTi 6520 East River RQad N.E. Mi.chael Sexy�tus Cemetexy 7I70 Rive rview �rrace N. E. Fridley, N�T 55432 f�s�dent/Ownex 6509 Eas:t River Road N.E. Fri.dley, NAI 55432 Resident�OHme,r �i�^'` � 6503 East River l�ad N.E. Fridley, NN . 55432 Shar-Ann Pnroperties 3948 Central Avenue N.E. Minneapolis-, NgV S5421 Shar-�,nn Pro�erties 6551 East River Road N.E. Fridley� I�T 55432 1�bert Andres 336"8 -- 8th_ Avenue North Anoka, NY�i 55303 Gerard Malcho�v 137 Nlississippi Place N.E. FYidley, NN 55432 Rd�rt Andres 117 Mississippi Place N,E. Fridley, NN 55432 • � � Mailed: 1�larch l, 1991 Paul Kelley 157 Mississip�i Place N.E. Fridley, P�TT 55432 . �� Paul Kelley ��'`N' 438 Rt�yal Qak Drive Minnetonka, NN 55345 OHmer/Resider�t 6489 Riverview �rraoe N.E. Fridley, Md 55432 Ga� Andelin Murphy 0il 4600 W. 77th St., Suite 304 Minneapolis, NIlV 55435 Spur Station 6443 East River Road rT.E. Fridley, MN 55432 Christensen Auto Body, Inc. 6501 East River Road N.F. Fridley, MMt�TT 55432 APPEALS COMMIBSION MSETING, MARCH 12, 1991 PAGE 6 Ms. McPherson stated that accor 'ng to the site plan, the shed is on the lot line so, if kept, woul need to be moved. However, the petitioner will be removing the s ructure. MOTION by Dr. Vos, seconded by Mr. u of variance request, VAR #91-05, wi i reduce the required front yard setba l the existing condition, to reduce th from 35 feet to 24 feet for the livinc set back at 35 feet to meet Code reqi building be removed when construction chle, to recommend approval the foZlowing changes: to from 35 feet to 19 feet for required front yard setback space, for the garage to be rements, and the accessory i completed. IIPON A VOICE VOTE� ALL VOTING AYE, CHAI MOTION CARRIED ONANIMOOSLY. Ms. McPherson stated the City Council will same time they hear the request for the sp� 8, 1991. SAVAGE DECLARED THE this request at the use permit on April CONSIDERATION OF VARIANCE RE4UEST, VAR #91-06� BY RANDALL OLCHEFSKE FOR RIVERSIDE CAR WASH: Per Section 205.14.03.C.(b) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 35 feet to 19 feet, on Tract D, Registered Land Survey 19, the same being 6520 East River Road, Fridley, Minnesota, 55432. MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TSE MOTION CARRIED .AND THE POBLIC HEARING OPEN AT 7:55 P.M. Ms. McPherson stated the property is located at the northwest corner of the intersection of Mississippi Way and East River Road. The property is zoned C-2, General Business. There is property zoned R-3, General Multiple Family Dwelling, to the west and south and additional C-2 zoning to the east. The petitioner is proposing to expand the existing car wash by removing an existing addition and adding a new addition. The purpose of the new addition will be to provide an area within which the petitioner can vacuum cars, providing window cleaning services, etc. In this instance, the proposed addition is actually going to be a structure. While the proposed addition looks Iike a canopy, it will have sliding doars that can be used to enclose the area during inclement weather or in winter. Staff has reviewed the plan and agrees this is a structure and not a canopy. The code does allow canopies to exist within the required setback area and the City has allowed�them to exist. There are no alternative locations on the site to construct the addition, but the petitioner could construct the addition in 9CC APPEALS COMMISSION MEETING. MARCH 12, 1991 PAGE 7 such a way that it would be a canopy and would not be enclosed. Staff is recommending denial of the variance. Mr. Kuechle asked if the dotted line on the site plan was an existing addition. Ms. McPherson stated this indicated a previous addition to the car wash. Dr. Vos asked if the variance was just to the corner. Ms. McPherson stated it included this and back until it reaches the 35 foot location. Also, the mansard roof there would be continued across the�proposed addition. To the east is an existing gas canopy. Mr. Kuechle asked if the property met parking requirements. Ms. McPherson stated the petitioner has a dedicated easement with the property to the nor�h which meets the requirement. Dr. Vos asked if this would create any change in the traffic pattern. Ms. McPherson stated it would not. The traffic pattern would be similar whether or not the patrons use the extra service. Dr. Vos asked if there was a change on the west side and if there was a variance request on the west side. Ms. McPherson stated there was no change to the west and no variance request for that side. Dr. Vos asked what is located to the south of the property. Ms. McPherson stated there are apartment buildings, either 4-plexes or 6-plexes, across the street to the south. Mr. Kuechle asked for the rationale for the 35 foot setback. Ms. McPherson stated this is to provide adequate visibility for traffic and adequate area for open space. Dr. Vos asked how big the boulevard was. Ms. McPherson stated the boulevard did not meet the 20 foot setback in this location. Mr. Darrell, architect, stated the green area along the street is about 18 to 19 feet wide. That is where it is landscaped. � � � APPEALS COMMISSION_MEETING, MARCH 12, 1991 PAGE 8 Ms. McPherson stated the boulevard at the narrowest point is 8 feet and at the widest the boulevard is 15 feet on the east and almost 20 feet on the west. Mr. Kuechle asked if staff saw a traffic hazard caused by the proposed addition. Ms. McPherson stated staff saw no hazard on the street as far as the public right-of-way. She did not think there will be an impact on current traffic patterns at all. There is also a slight grade change as far as the difference between the public right-of-way and the property. Dr. Vos asked how far out the canopy would extend. Ms. McPherson stated the addition will cover the small cash building which will be replaced. Mr. Olchefske stated that in the car wash business, most of the business is done in the wintertime because the streets are the dirtiest and it is hard to keep a car clean. The car wash business triples at that time. He needs to do this to keep in business. Because most business is done in the winter time, workers need to have more protection from the elements. The car wash never closes. Any time it is colder than +10 degrees, it is too cold to operate without being able to shut a door. On the coldest days, they want to wash cars but those are also the slowest days. He wants some protection for staff from the cold. This is for the welfare of his employees. Some car washes do this outside, but it is a tough job. Mr. Olchefske stated the small building is already there, but they will not be going out any further than what is already existing. In addition, there will be a major cleanup of the building. When redoinq, he will use the same outside so it looks like a clean full building. It will be a modern looking facility. He keeps the property clean. Ms. Savage asked if Mr. Olchefske would be adding landscaping. Mr. Olchefske stated he thought the site was fully landscaped. The only thing they now do is to add flowers in the spring. The property looks good already. Mr. Darrell stated the landscaping is shown in the-drawing. The trees and shrubs are well developed. They are willing to put in more, but he did not know if it would look much different. Mr. Olchefske stated there is not a full service car wash in the City of Fridley, and it is not likely there will be another one built. He is bothered by the fact that Fridley does not offer this service in the community. Citizens must leave the City in order 9EE APPEALS COMMIBSION MEETING. MARCH 12, 1991 PAGE 9 to get full service. Ms. Savage asked what full service included. Mr. Olchefske stated they now do everything but the inside of the car. Most car wash customers prefer to pay a few dollars more to have the interior also done, including vacuuming, cleaning ash trays, etc. A car wash operator that he knows has added the full service option, and they now do 90� full service. There is a strong indication that many customers want this type of service. Mr. Darrell stated he has been fortunate to work on 58 self service car washes. When he goes to one in his area, he is charged $10-12 for full service. Mr. Olchefske is offering full service for $7.50. Mr. Olchefske is offering a good service at low cost, and Mr. Darrell thought it would get business. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:10 P.M. Dr. Vos stated he is familiar with the site. The small exterior building that is there now is close to 19 feet which is already existing. Since there was some discussion as to whether it was a canopy or a building means it is not alear what it is. There is no hindrance to traffic. The addition is in the spirit of the code. There is no other option. He would favor approval. Ms. Savage stated she agreed. Ms. Beaulieu agreed. The entire area is nice looking and aesthetically pleasing. The landscaping is well maintained. Mr. Kuechie stated he concurred. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend approval of variance request, VAR #91-06, per Section 205.14.03.C.(2).(b) of the Fridley City Code, to reduce the required side yard setback on a corner lot from 35 feet to 19 feet, on Tract D, Registered Land Survey 19, the same being 6520 East River Road, Fridley, Minnesota, 55432. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the request would be heard by the City Council on April 8, after the Planning Commission hears the request for a Special Use Permit on March 27. 9FF r _ � � DATE: TO: FROM: SUBJECT: Community Development Department PI.��I�TNING DIVISION City of Fridley April 4, 1991 William Burns, City `� . � Manager �ii� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Amendment to the Moore Lake Commons East Comprehensive Sign Plan Attached please find a letter from Brentwood Corporate Real Estate Services, property manager for the Moore Lake Commons East shopping center, requesting that the comprehensive sign plan be amended to provide signage for second floor office tenants. Exhibit A describes the general specifications for second floor tenant signage. The signs will be installed between the two pillars on either side of the main entry of the mall (please see Exhibit C which shows the location of the signs). Exhibit B is the original sign plan approved by the City Council for the shopping center. Staff recommends that the City Council approve the amendment to the comprehensive sign plan for Moore Lake Commons East. MM/dn M-91-238 �� /�\ /" i' ••� Corporate Real Estate Services March 26, 1991 Ms. Michelle McPherson City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Ms. McPherson: Enclosed is the additional sign criteria I am proposing for Moore L.ake Commons East. If you have any questions, please contact me. If I don't heax from you I will plan to appear at the April 8 City Council meeting. Please let me know the timetable for the meeting. Res ectfully, , l,�%V✓' Beth M. Brill � �� BMB/sah Enclosure Brentwood Commercial Real Estate, Inc. 6600 City West Parkway, 0, Eden Prairie, MN 55344 (612) 942-942 ��(612) 942-9419 Sign Criteria Shorewood Plaza C. General Specifications Exhibit A (18) Second floor tenants will have identification signage available to them. Two (2) metal framed, internally illuminated signs with four separate identi�cation panels each will be mounted between the two sets of double pillars on either side of the front office entrance. Tenant shall pay its pro-rated share of the sign construction costs and the full amount of the individual tenant plate. � � .� 0 EXHIBIT SIGrI CRITERIA S1?OREt•)OOD PLAZA These criteria have been established for the purpose of assurino an outstanding shoppin� center, and for the mutual benefit of all Tenants. Conformance will be strictly enforced, and any installed nonconforming or unapproved signs �ust be brou�ht into conformance at the expense of ienant. The City of �'ridley strictly enforces its sign ordinance. All provisions of this Si�n Criteria area subject to revieo� and approval Uy the appropriate City authorities which have the final 2uthority to grant or deny sign permits notwithstandin� ttie�terms of this Sign Criteria. A. GEI�T:RAL P.EOUIPEPiI:P'TS: (1) Tenant shall sub�it, or cause to be submitted. to the Lessor for approval before fabrication at least three copies of detailed drac�in�s indicat:�ng the •location, size. layout, desi� n and color of the proposed si�ns,.including all lettering and/or graphics. (2) The Lessor shall return one (1) set of the sign t dra;•;in�s, as soon as possiUle to the Tenant. The drawin� t�ill e_ther be r:.arlced "A_pproved", "Approved as Ploted", or "Disapproved". Si�n drat•�in�s that have been "Approved as i�oted", are to be returned to the Lessor bearing Tenant's approval, or are to be re3esi�ned and resubmitted for Les�or's �PProval �;ithin seven (7) days of receipt by Tenant. Si�n �ra::�in�s that have been disapp�oved are to be redesigned and resubnitted to Lessor for approval, also within seven (7) days oi rec�ipt by Tenant. (3) After tl�e sign has been 2pproved by the Lessor, the approved sign drat•�ing with Lessor's si�nature, nust be submitted for approval of the City of Fridley prior to erecting the sign. (4) Plo si�n sha11 be pernitted outside of the desi�nated si�n band area escept as provided herein. (5) Fill perc�ts for signs and their instaZlation shall be obtained by Tenant or its representative. (6) Ten2nt sliall be responsible for the fulfillment of all requirenents and specifications. B. DESIGPd RF.QUIR�i•1�I1TS (1) Si�ns shall be perriitted only ti:ithin the sign areas on the building as desi�ned by the Architect, and as sho�rn on the site plans. � Exhibit B (2) Tiie vertical dimension of all f�all si�ns shall not e::ceed 24" in hei�ht, escept that tl�e esisting Country Club t�farket si�n r,►ay be affised to the face of the canopy above the si�n band, (3) The total o�all sign area for each Tenant, except Country Club 2•farket, shail not exceed 15 times the square root of the width of the Tenant's space. provided, nevertheless, that the horizontal dir�ension of each Tenant's si�n shall not exceed the Tenant's store o�idth less 3 feet. (4) ido sip,ns of any sort shall be pernitted above the roof line. C. GEAI�P.AL SPECIFICATIONS (1) All wall signs shall be composed of individually sounted and lit letterin�. I��o canister type signs shall be alloo:ed. (2) At Lessor's discretion, all wa11 siUns shall be a uniior�a color. In such case, however, corporate logos may be ir. the Tenant's typical color scheme. (3) Painted lettering o�ill not be pernitted, e�:cept as specified under Article D-2. (4) FlashinG. movin� or audible signs coill not be pertaitted. (5) The existing pylon sign sha11 be the only pylon sign on the premises. Landlord shall allocate space on the pylon si�n in its sole discretion. The cost associated with the pylon si�n siiall be prorated anong the Tenants mal:in� use of the same in proporation to t2ie area their part of the pylon sign bears to the total pylon sign area. (6) All electrical signs shall bear tile UL label, and their installation must comply caith all local buildin� and electrical codes. (7) P:o e:cposed conduit, tubing or racecoays toill be perr�itted. (3) P;o e::pose�' neon li�htin� shall be used on signs, symbols or decorative.elements. (�) �'117. conductors� transformers and other equipnent shall be concealed. (10) �lectrical service to all signs escept tlie �round sign and the pylon si�n shall be an Tenant's meter and not be a part of Cocanon Area construction or operation costs. (12) All signs, bolts, fastenin� and clips shall be of hot dipped galvanized iron, stainless steel, alucainum� brass or bronze. and no blacic iron materials of any type will be �err�itted. 10D (�21 All_ e;;terior letters or signs e::posed to the weather shall be r�ounted at least 3/4" fron the buil�in� c��all to permit prol�er dirt and ca2ter drainage. (13) Location of all openin�s for conduit and sleeves in ::i�n panels of buildin� �:alls shall be indicated by the sign contractor on dra�•:in�s subnitted to the Project Architect, Si�n cor.t:-2ctor shzll install sa�e in accordance �oith approved drawin�s. (14) Plo si�nmalcer's lzbel or other identification will be perr,.itted on the exposed surface of signs� except those required by local ordinance ��hich shall be in an inconspicuous location. (15) All penetrations of the building structure required for si�n installation shall be neatly sealed in a watertight condition. (I6) Si�n contractor stiall repair any da�aoe to any work causec� by his �1ork. (17) lenant shall be fully responsible for the operations of Tenant's si�n contractors. D . J�II SCELLAN�OUS P.EQUIREIIEI�TS (1) Tenant t�ill be permitted to place upon each entrance of its premise� not more than 144 square inches of gold leaf or decal application letterin� not to eaceed tw*o inches (2") in he��tit, indicating hours of business, er�ergency telephone un:Lers, etc. (2) If Tenant has a non-custoner door for receivin� �erchandise, it �nay h2ve uniforMly app?ied on that door in a location as �irected by the f�rchitect, in t�•�o-inch hi�h blocic Ietters, ienant's na^�e and address. (3) Lessor shall install on tiie front of the building, if required by the U,S. Post Office, the numbers only for the street address. Size, type and color of nunbers shall be as determined by the Lessor, E. TE�;PORARY SIG1dS (1) Ter.iporary signs shall be limited to the use of banners, pennar_ts and holiday signs in Tenant's interior vindow area for use not More than si::tJ (60) days �aithin one calendar year. (2) ?�l=ndow si�ns shall not exceed Pifteen (15i) percent of Tenant's caindo:�a area or 25 square feet, o:hichever is greate?-. 10E �. AP.I's_T1IISTRATIOI. In tlie event of any conflict of interpretation bet�•reen any '" naT:t and ttie Ot•Jner as to the application of these criteria, the ..id�ord's decision shall be final and binding upon the Tenant. APPr OZ/ED AS T.0 L�SSOR: APPROV�D AS TO LF.SS�E: Py ShoreSi�n �`2� By 10F � • w/'M m r � m D --� O z z 0 N n 4� (D � � � n D . r � m� z D Z -� � � i � . i � ; m i � � . � C�a;gi��1g11S1 1 N- C: q• R�-P' O R A� T' E' D � - ---- . . -- . _ --.�,�..r — _ . V ' � :��:��11� __._ - --- --.�I) __�� l � II_ . 4 "—„_ _ a��'1: . 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' ' m ,� . � 1� ; , � �,'�'•,�'''��a :': 1 . � - . ., : : ' ,� r _ � _ ----------- ------- -- --......�._ -- `` �, ��'i.".�':`c-- S.� ' r .. : '�,�y ' ,." . �`n�; �j p� {� ' ~ r�"t I , , � ', _ � �! �4i!! /''� 'r. t��'=� : r;; '.1` r � r � ' •-. . . � . . . „� , .. •• , • `µ ��.. : j � •:• ; �--'—� t. ;�ti�,s :•` . �i� /.� C ��'��3 �!'Sa4rt�1�'�L�'��' � • ♦ � � ��•. , �� M � � � � � a . , ., ��'��.:� �� , � . � .,. `_.— , • I — —�-- � �`��_ . 1 1 I � . • ` � ' . �u � '� ' ° h � � p � � Exhibit C � � � � m � � ��1 � � k � � � �l h � � ? Q � v � � v � y � � � � � � v � � � � J � � ,'� � � ., � 0. a � o � , �1 '� � Q � ° �s . , � � � � � �� M� � ? �� _. � . . . �... . - I L,.. ' i '+! `7�'`! '!! � , . ...._...._.. t �� .�: t . : �-� � � � � � � � l� x � � � .'t � .� ,-� Engineering Sewer Water Parks Streets Maintenance MEMORANDUM �� To: wiliiam w. Burns, city rganager �r�� F�91-92 F'ROM: John G. Flora,( I��.ablic Works Director Mark A. Winson� �isst. Public Works Director Jon Zhampson, ConstYUCtion Inspector L1ATE: April 5, 1991 SUBJ�T: City Cbuncil Awan3 of 1991 Miscellaneous Concrete C1�rb, C�.itter ar�d Sidewalk Proj ect On Wednesday, March 20, 1991, we oper�ed bids on the 1991 Miscellaneous CJoncrete Curb, �tter aryd Sidewalk Project. Nineteen (19) potential bidders revieraed the plans and specifications. Thirtee.n (13) bids were reoeived. In ozder to facilitate the construction of the Fire Training Center, al.ternate bid it�ems were added to the r�lar items for the construction of the foundation aricl slab work at the Fire Training Center. The law bicider for the re�gular Miscellaneous Concrete Curb, Gutter and Sidewalk portion of the bid was Halvorson Construction with a bid of $25,502.30. The 1991 Public Works Maintenance Budget has $14, 000. 00 identified for ooncrete curb and gutter repairs and an additional $14,000.00 is chan�ed to the Utility ac�counts for repairs fr�n water and sewer line breaks artd escrow fur�cis for driveway cuts for new residential ar�d �ial c�onstruction. As this work i.s done on and as-needed basis, the entire contract amount is rarely spent. Zhe total spent %r the 1990 Miscellaneous Concrete Curb, C�tter and Sidewalk Project was $13,193.60. The law bidder for the Alternate Bid for foundations and slabs at the Fire Trainirlg Center �ras submitted by P,�dvance Concrete/G. C. Stlasburg C�any. This bid was disallawed due to a biddirig error. See attarhed letter. The second low bidder was submitted by I�nc�nark Concrete at $16,869.86. This will be funded by the Joint Powers Agreement for the Fire Training Center. Re� that the City Coiuicil awan� the regular oontract for 1991 Misaellaneous Concrete Curb, G'litter and Sidewalk Project to Halvorson Construction for $25,502.30 and awa�l the Alternate Bid for Miscellaneous Concrete Gtiirb, C�tter and Sidewalk to r.andmark Concrete for $16,869.86. JGF/N1AW/JT/ts Attachment 11 ' FRID�Y BID PROPOSALS FOR MISCELLANEOII3 CONCRETE CIIRB, GIITTER AND SIDEWALR PROJECT - 1991 WEDNESDAY� MARCH 20� 1991� 11:00 A.M. BID TOTAL ALTERNATE COMPANY BOND BID BID Halvorson Construction 4227 165th Avenue NE 5� $ 25,502.30 $28,084.00 Anoka, MN 55304 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 Advance Concrete 7438 Upton Richfield, MN 55423 Landmark Concrete 1548 164th Lane NE Ham Lake, MN 55304 Gunderson Bros. 2325 Snelling Avenue Minneapolis, MN 55404 Lindahl & Carlson 1821 University Avenue Suite 318 St. Paul, MN 55104 5� I$ 28,530.00 I $32,025.00 5% $ 28,650.00 $ 7,570.10 �r�C�t 5� $ 29,038.00 $16,869.86 5� $ 30,585.00 $21,693.00 5$ I$ 32,390.00 I $25,072.60 Jim Clausen Construction 16821 Pebble Brook Ct. 5� $ 32,910.00 NO BID Prior Lake, MN 55372 Thomas & Sons 13925 Northdale Blvd. P.O. Box 303 Rogers, MN 55374-0303 DNCON 7870 161st Street West Lakeville, MN 55044 Curbmasters Inc. 10150 101st Street No. Stillwater, MN 55082 Van Norman Concrete 4245 165th Avenue Ham Lake, MN 55304 5% �$ 33,980.00 I $26,320.00 5% $ 34,593.00 $28,210.00 5� $ 35,600.00 $19,488.00 5% 11A $ 36,680.00 � NO BID PAGE TWO BID PROPOSALS FOR MISCELLANEODS CONCRETB CURB, GDTTER AND SIDEWALR PROJECT - 1991 WEDNE3DAY, MARCH 20, 1991, 11:00 A.M. BID TOTAL COMPANY BOND BID Sunram Landscaping 7675 Troy Lane Maple Grove, MN 55369 Neeck Construction 8321 Knollwood Drive Moundsview, MN 55112 Adcon Inc. 16191 Round Lake Blvd. Andover, MN 55304 Arcon Construction Inc. 903 East Forest P.O. Box 57 Mora, MN 55051 Independent Curb 1111 Plaza Prof. Bldg. Highway 25 North Buffalo, MN 55313 Schmidt Curb Company 21504 Ahlstrom Street Rogers, MN 55374 Service West Contracting P.O. Box 31 Elk River, MN 55330 Westar Curb & Concrete P.O. Box 201 Watkins, MN 55389 5� 5� NO BID NO BID NO BID NO BID NO BID NO BID 11B ALTERNATE BID $ 47,900.00 � $20,857.20 $ 49,393.00 � $32,121.00 G, �. � Strasbur� �omp►a�ny 771 Ladybird i.ane Burnsvilie, Mlnnesota 55337 (612) 890-0019 v f,�" " � � � � �f3 ( � � �l .�, '-�..-w� ir� . 7 S �{ 3 �--r � .,��-� �C� ��-�' G�-... �-! �!-�' � qt- �,ti� j ar.�,. C.� -�-.� a� rr,�,,c.al� � �%fJ//J� �� - /// �}y -� ••-h=ti.•�� C/� '��`r✓ �/� �•�� 11C Engineering Sewer Water Parks Streets Maintenance MEMORANDUM %' TO: William W. Burns, City Manager �� PW91-97 FROM: DATE: John G. F1ora,�Public Works Director April 2, 1991 SUBJECT: Recommendation to Award Contract For the Sanitary Sewer Project No. 221 (Hackmann Avenue) On Thursday, March 28, 1991, public bids for the repair of the Sanitary Sewer Project No. 221 were opened. Five (5) specifications and bids forms were sent to different construction companies. Two (2) bids were received, Insituform Central, Inc. was the low bidder for $25,101.00 (see the attached bid tabulation). We propose to repair the cracked sanitary sewer line between Central Avenue and Hackman Avenue through the insertion of the inverted epoxy line to the existing pipe. Recommend the City Council receive the bids and award the contract to Insituform Central, Inc. for $25,101.00. The 1991 Sanitary Sewer Capital Outlay Budget identified $26,000.00 for this project. If you need any additional information, please let me know. JGF/BN/ts Attachment 12 / � CIiYOf �� BID PROPOSALS FOR SANITARY SEWER PROJECT NO. 221 (HACRMANN AVENUE) THURSDAY, MARCH 28, 1991 11:00 A.M. BID TOTAL PLANHOLDER BOND BID COMMENTS Insituform Central 6167 North Kent Ave. Milwaukee, WI 53217 Visu-Sewer Clean & Seal 2849 Hedborg Drive Minneapolis, MN 55343 F.F. Jedlicki, Inc. 14203 West 62nd St. Eden Prairie, MN 55346 Solidification, Inc. 7233 Winnetka Ave., N. Minneapolis, MN 55428 Widmer, Inc. P.O. Box 219 St. Bonifacius, MN 55375 5� 5� NO BID NO BID NO BID 12A $ 25,101.00 $ 25,139.00 BUDGET 1991 City of Fridley State of Minnesota Sewer Capital Improvements 1991 Proiects . BB 383,601 Rebuild Embers Lift Staiion � $25,OOfl R 179,688 Hackman Avenue Sewer Line Repai�s 26,000 �► FA 563,289 Sewer Line-University West Service Drive A E 51,OQQ 57th Avenue Loopback HRA EB 512,289 Mississippi Street Sanitary Line HRA TOTAL 351,000 BB R FA E EB BB R FA E EB BB R FA E EB 512,289 189,983 702,272 3U,000 672,272 672,272 202,782 875,054 50,000 825,054 825,054 215,OQ4 t ,040,058 50,000 990,058 BB 990,058 R 228,205 FA 1,218,263 E 30,000 EB 1,188,263 1992 Pr_ oiects Georgetown Apartment Lift Station Reroute Onan Sanitary Line TOTAL 1993 Proiects Rebuild Cherry Lane Lift Station TOTAL 1994 Proiects Rebuiid Nortel Lift Station Rebuild Vet Ciinic Litt Station TOTAL 1995 Pr04A�iS Riverwood Lift Station TO7AL 12B $20.000 10.000 a2o.000 . � �� . � �� $30,000 20,000 350,000 $30,000 530.000 i�I ,, i � � ' Ts , c, - -� v � Z2 r , ir CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGER �. �'� • FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR 3UBJECT: MiNNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATIONS FOR THE WOMEN'S ASSOCIATION OF ALLIED BEVERAGE INDUSTRIES, INC. (WAAB) DATE: APRIL 1, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Women's Association of Allied Beverage Industries, Inc. (WAAB). The gambling premise permit is for the Shorewood Restaurant and Lounge, 6161 Highway No.65. The Public 5afety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 13 . RESOLIITION NO. - 1991 RESOLIITION IN SIIPPORT OF AN APPLICATION FOR A MINNE80TA LAWFOL GAMBLING PREMISE PERMIT TO THE WOMEN�B ASSOCIATION OF ALLIED BEVERAGE INDIISTRIES, INC. (WAAB) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Women's Association of Allied Beverage Industries,Inc. (WAAB); and WHEREAS, the location of the Premise Permit is for the Shorewood Restaurant and Lounge, 6161 Highway No. 65; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Women's Association of Allied Beverage Industries, Inc. (w�.$) . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 13A � 0 � C�1� s /-�� ,�'Business q � � ``� �� ( �' A /.� , � � l { Minnesota Lctt,pfici Gamblittg � Premise Permit Appiication - Pairt 1 Street or P, O Box (po rat use addreu of I /�+ � /A A Y��I1 il � �' �� Q� _"'_' �, ya. ' - Str�eet P.of _.........:.-:: Class af Premise Permit Class A— 8ingo, Raffles. Paddiewt,00i� r�.,._�_ .. .: _ FOR 80AR0 USE ONLY FEE CHECK INlTL4LS DATE phone number a� � : I must be �eflected by class of Q Gass D— R�i� o��y ��$ the o�ganizat/on llcense. Bingo Occasions - If class A or C, flll in days and be No more than seven bin o g�� d ending hanrs of biago occasions: g accasions may be conducted by an or�anization per week. Day Beginning/Ending Hours Day �� Hours DaY Be�nn�g /Ending Hours tn --�_ �_tA _ � to ----�-- � t°----�__ tO____—___ - -----�.. - a.aac�:7C 0716: � New premise — Fi11 in as organization premise permit number ❑ Re�ewal of existing premise permit — Fili in �m �g�g Premise pe�tt n��r ❑ Previously expired premise p��mn — F�� in m le e p�emise permit nufiber 13B � i I / LG214 .. . Minnesota Law, ful Gambting Premise Permit Application - Part 2 ... :•�:,N:c;�!..w::;>•�:.•�;,,:.m;.;va:;:�2�:�:�t<•r::�' . .....::.. . .. ::.: :.•..:.. : . .:: . . N""" ,`��::,7:... ..•x.,��nq.,�•,,<r.; . ::;A• �ti�:`??��.:.:::;.�c;.t:�,v; " .., .�: �y...:_: ............. .:.:.. w.�. :::: � ......a.. . ..?:\ w�..K.,.,- ' •. Y.vv-.vv�,k.y:�...:nx;r'�': �.�:.�iii._ ........... . . . . . .... .. . •. "' �• ` ':' ' � ' :-`.+`.�.; � ... ;y,•:•:'.::.•': +a :•• 't '� . fi! :�}� +':\ . .}R.i� ' .�y: •3� . ; {•} : ��.;.. .>:�:'�i�i�se�:�rz .. ':::�• . .:. .: . :.. , . .. ............ .. ... . ................ .t-..... .��r!!.......�........:... :. ? t '��:}. ':i�4.vv. rh� .� .' � ) ' •'i'• v '}:L:� Name of establishment where gambGng wa! be oonducted . Str�eet Address (do not use a post offioe box rnimber) : �/�I ��" �'� � � ��IDt-t Y. �K� 55�32.. • �,�� Is the prem�ses located vrithin dry 6mits? _,�� yes , , ❑ no. �.' . . . . _ City and County where gambling premises is bca�ed OR Township and Cou�ty where gambfing premises is located if ou�'de of dry Gmits f,eJ,o�.��y, �Adla� 'R�sokr� (: Name and Ad�ess of Legal Owner of Premises Gty State Zip Code Does the organizaiion own the bu0dng where the gambGng wip be conducted? � YES � NO -. �ti::s': NOTE: Organizatwns may not pay themselves�rent if they own the buiiding or have a holding company. A letter must be sutr mitted showing rent payments as zero from gambling funds 'rf the organization's holding oomparry ow�s the premises. The letter must be sig�ed by the chief executive a#ficer.) . �. If NO, attach the following: Rent: * a copy of the tease with terms for one year. * a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class 0 applicarrtions. . For gambling with bingo For gambling without bi�go $— $_ Address oi storage space of gambling equipment Add�ess . Cify Total square footage leased Total square footage leased State T�p code Bank Name Bank Acoount Number , � a.TH E�sr �5 i A T� f� A�s k �"oa - 9�3� Bank Address Ciry State Zip Code �9�9 etNTi°_g� AVF. �� `�O/uHA��lfEi�H�'S' �,� .�5�.�, Name, address, and tit/e o( persons auffiaized to sign checks and make deposits and wi�drawals. Name Address rtle �/-� �D 1�H�T�oAK 3�'�7 ��.Ho� �r. .lJ� 1�1p�.5, �'I,�Jg��is �ei.►crr HANSF�,� T 13C 0 LG214 .. Minnesota Lau�ful Gambii�cg Premise Permit Application - Part 3 �.. .;,v,ar.yg.•'�;.'.F!:f9Y doY:'{MU..Yr . � ... ....:.: ,Y.. R:.: :....... - .. • � " . ��f�t�t . a �y i,�i'&�•�.. �• . .,. ;::.... �: ,'�-�p: �-: . _ • . v'� . . . `�,�� .!n .: ' .. . .. �. 3. . . WM]%Y.'Y.!9C::.::-i::?:!:vi}'!.<{d>:�iY:.i?i:i?4:>i>ii:dr•::�>7,NF.2�? . • � • Gambling Site Anthorization ;.-. . . . . _ � . . . .-� =: 1 hearby conseM that local law eniorcement oificers. the board or ageMs ci the boazd. or the oommissio�er ot �evenue o� :`::.: publ'ic safety, o� agents of 2he commissioners. may enter the premises to e�orce the law. . . �. Ba.nk Records Information . The boa�d is authorized to insped the bank reoords of the gambGng aocount whenever necessary to fulfill requirements of cuRent gambling rules a�d law. � 1 dedare that: i have read this application and all infortna2an submitted to the board; ' � ' AU infonnation is true, aocuraie and camplete; -� - AII othe� requi�ed i�formation has been fuly dsdosed; .,; . 1 am the chief e�cecutive officer of the organ¢adon: ; . : � . . : . ; : - I assume futl responsibility for the fair and lawful gambling and rules of the board and agree. if licensed. ' to abide by those laws and rules. induding amendme�s to them; - A membership list of the organizart'an wip be available within seven days afte� d is requested by the board; � Any changes in application i�ormation will be submitted to the board and local government within 10 . days of the change; and A termination plan will be submitted to the board within 15 days of the termination of all premise permits..:. . Failure to provide required informatan or providing false information may �esult in the denial or revocation of the lice�se. '; . �: _ i. - �. . . 1. The city •must sign 'rf the gambling premises is located within ciry Gmits. 2 The courrty •'AND township" must sign 'rf the gambGng premises is bcated within a township. '. . , 3. The local governmeni (ciry or courrty� must pass a resolution specifically approving or denying the appl'�cation. 4. A copy of the resolution approving the applir,ation must be attached to the application. � 5. Appl'�cations which are denied by the local govemi� body should not be submitted to the Gambling ConVol Oivisan. - Township: By signature bebw. the townsh� acknowledges that the organ¢ation is applying for a premises permit within township timits. _ City or County, Township" - , _ `,ly_I . .'�.. . : • � - :ii%.I �-��,- A � �..• 1 l � :' . �o Refer to the tnstructlons fo� the requl�ed attachments Tow�ship Name Signature of person receiving aPP�ication Title Is township: Q O�ganized ❑ Uncxgarrized ❑ U�incorpora0ed Mail to: Department of Gaming 13 D Gambling ConVol Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B rf........:n., uw� rr� �� LG202 (t v� aiso) Minnesota Lawfut Gambling Lease Agreement ntses<In}'ormation . �nd Address of Lessor Address City2ip � ✓�1 �� ,� � ir ,�� c� � - /�� 6 I � of Legai Owner of Gambling Premise , _, Addcess �� { ;. �: ��, � ;�� :� :;: 1 �,r �i�: Pho�e 'r�-� ,� City2p Code Phone � ) SttOQ�Ul3onn"f�Cs-rALi2a.,�rt� u±�.��r_c �t�) �'itvY �.�'i 1-2�p�Y, �-1L SK�� Name of Organization Leasing the Premises (lessee) License Number, if known �-ll�t„S i-f 5.`,TC� NT'ie t�; �� 1.1�) �n t�' C�1�2A (r!- �-�_�� pi E 5 i��r �� A/� i� ;: <:.: C:Q�Z1lI� AC�LUL� � ,; : The lawful gambling activ'rty which the organizaiion will co�duct is (chedc ail that apply): L� bingo O raffles � paddiewfieels �} puil-tabs � tipboards Rent Information {see auies �aso.00so, Subp 3) C1ass A and C premise permits: Re�t for bingo and all other gambling activities conduded during thai bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 fo� up to 12,000 square feet; and $400 for more than 12.000 square feet Rent to be aid er bi o occasion S Class B and D premise permits: Rent for gambling activities not including bingo may noi exceed $24 pe� square foot per month, with a maximum of $600 per month. o�!, Rent to be oaid er month S � Rent may �ot be based on a percerttage of receipts, profits ftom lawful gambli�g, or on the number of participants attending a bingo occasio�. An organization may not pay rent to itself o� to any of its affiliates for space used ior tfie conduct of lawiul gambfing. The area leased within the premises is _�� feet by L: �'L feet, for a total of -�y. ,2 �i square feeL feet by feet, fo� a total of square feet. feet by feet, for a total of square feet Attach a skeich which identifies the location of the leased premises when a portion of a building is the leased premises. That sketch must inciude the dimensions ofi the leased premises. �ecfiUe Dates _ The lease will go into effeci at 12:01 a.m. on �j.� �i,E � 19 �i 1. and wiil e�d at 12:00 a.m. on M��i 3 i 19 a�.,�, for a period of one year. _ ;> ;.:.. , . - _. ,: ,,. ; , ; T�[mes CiT[d DCiys Of Bitigo ACt�[tltty :`(If norse, indicafe WA) � rvra : " The bingo occasions wif( be held: from (hours) (am.�p.m.) to from (hours) (am./p_m.) to (am./p.m.) on (days of week) (amJp.m.j on (days of week} from (hours) (a.mJp.m.) to (am./p.m.) o� (days of week) irom (hours) (a_m_/p.m.) to (am./p.m.) on (days of week) from (hours) (a.m./p.m.) to (am./p.m.) on (days of week� from (hours� (a.m./p.m.) to (a.m./p.m.) on (days of week) from (hours) (a.m./p.m.) to _��a�p.m.) on (days of week) � .�- .� �� :� � � � i �U.��9''S "'��` ��, ° 13F s� N.�TI o �.� �OlvI�N'S ASSOCIATION OF A.LLIED BEV�r'.AG� INDUSTRI�S � � I � � C� �xz��ex ��i�� o- cer�� %ia� Is a member o� t�is Cr�anization, pledsed to �oster and maintain �avorable public �Znowle��e and understandin� o� t�e bevera�e a�co�ol industry. TER 1tiiE�LIBER� 13G Vationa� W:�,�$I Pre�inent � __- , .: n� � �� r;� . . � j .' `� f .'1�,, l� i1 �f/l �� , �� r`��1+��/�. 7 v� � . � • — Nes da�es : � ; , � +�..: � ��yC,��1Q}� U�pcJl�lSlJllU�W�� V ��'ti'�CP:� :� L�eve�� 3e: V:C� �,Yi� ,�,�r��r��r�� r�>>c�� T�c��a O�Iw; �11 �cPly �tltt 10: _ rl;AR 1 5 1968 �T: MS: E0: R:1-JGD �Nationai Wom�n's Association of Allied Bever�ge Industries, Inc. 155 East �,4rh Street New Yorlc, New Yo�k 100i7 �" : We have considerec your applicatioa fo� a �roup �ulino ' holda.ng you arid you� subordinate units e:enp� €rou�� Fede:al income :.a:c as organi�ations described i� sec�ior� 50�(�) (4) of the Internal :Zevenue Code o� i954. � ��ed upon �he evidence p�e�en�ed, �� aeld th�� you and you:: subo';dLn�,�e. units� c�ho�c ra�nes anpear oa the Iis� . you rccen�iJ submiLte�i, are e::err*�� •��om cde,:Gl iacome taf as _ . . _.._ . or�ani:ation� _des.cribed �n, section 50I.(c (�;Z_ o� the 1954 Code. Any cuestions concernin� e::cise, e�pZoy..,ez�, o� o�ner Fe�era� ��::es vnouJ.d be submi�ted i.o t�e u� ro, 'n�� , p 2�� J�stric� D�r�c�o�. ,. . ,� ;�ou ancl your- c::e�p� subo::d�n..:.:.e. unz�.; �re r.c� _�eoui�ec� � o� i i= I'e dc:� �^ 1 inc�omc ta:: re turr.s s o_lo �s a ta:t e�temp t � ... �-- "'. . C�''`� s�a�us is ;-ei:ainccl. Ho��eve�, yoL azc� JGL�: c.cen�� suboidin��e •V `�J . . `. . �� % llAi:.S �:iE �ccuired t0 .�,1ZC EriT1tiIII iII�O �c L�v11 iCt11�AS � O:. �'�„� �`� �o��^, 990 ��ith the Disrr�c� Di::ec�o��co-�,--�-- � �� _ �: . �,�c.:. ea, or. o� bc�o;:e �^ � the fi-��een�h day oi �hc fi��h �m�nt `��o:. �;:i,. A the cl � r� �.,r _. . - . � � � _ __ o..e_. o�_ tizc� an.-�u�l; ac:coun�in� _pe�iod u.less you�` �: e;,�� subordiaafie r ur.i�s _ G:;� ;r.cl�.:ded i:� a g�ct�� nio�...� �:;.cL �::',.-u�tt �ilEd by Jou pu.:�uan� �o e�:is �in� �e�u1�►.ioa,;, o = � , :ou �i:ould Gd�;.�e raci� of_>cur e::em�`-�u;�o��nate. un. �B � o� �ha l.cr�inen�_p�.ovisior.s ot `::i� ru?�ri�, �nc�Ldin�_�ne_ LCCaL'�.i:Ci.:^a i � �Ow �� '_it� r,:a'�O"s.1� ;�'�OIl O� OLi.2�i iQ�tl:.f"�., o �-- � • . � j � ��,.�,;,�,-� �-; .✓ � %�n.o��j l.c)��6i �%�� /9� � � �� 13H : ; _ _._. . . -�-- 0 0 ,. - ' ---- -- - -- --- - - ---- - - -��,�'1_ .. -- �! __ l�..��----c��.-- �'w�. �!�'�rL} !�,-_ � _ �.�n _4�_r..��;a? _ _ _ _ � �� _ . __"'_"'_..___._'__'_.__'�-�'[Y'j.___/�1.�J'�M�—._'. _ ' . /Q� . '.a�.d7�/ . /�//�) '"'--�.�[J ""_ � "_ _ _ _. ��•��_ '-+!/ . � � __""" _ —_"_'_'___�� ` 1 /l� (! , �� -l�is'/- �c4.. -- �.-�"is-T�' �- -. ' _ 1 � _. _. ------�------ --�-]----� --d---- - -- , : -- ------ - --- -- - -- - - -- --- (� ' L � �l�GL�e�- � . . --- .�- ---� � - - �----`�'�-"'� • �1.C�/--- -'dl �-(iJ— -- - -`!��j�rj� • � -----'----- - '_` ---- �--'-�.--%��''"_r'_� -� -- - . - - ------'-- -------------- - --- ---_ .._.. , � ___ -- ---------- -- -��-�—�zb�e..�„a.�- -- ��n��.._ ��?�- -��--� -�-- ---- _ __ - � � , �� --- _------------ -- - --- .--. - � - -�-�n�� - - -- - � -�.�--------- �--- ----. _ .-------- .-- -------- ----- --- --- .,.z-�- - - -- - - . _ �' -�� _- _._ __------ --.--- -- -- /� . y� . ..._ _ _... -------- - — - � �_.-.C�".��!J?2_'�..�.��.-- ` =/C-�c= . - -y� J��2he.o.__--- ---- . . �� __ O_' ..-- - - - . � � �� - � �¢��'��'`�`' �---�-c�--- - - -�� -- --��--- - _. - ------ --------- --- ___L�f'�.c�/ --._��n�� ._/_8�� ---`' --- _- -- ._ �--�!..�?��_ . , ------------------�'��. �/�f��3/ ---��-- �---_ - -�--:,1�r.��:2�__--------- ------ -- . 1__� . � �.� -l� � � T.�f �---- , ---' - ,�" C� �� . . --� - - -----. . - - ----- �L�� J- - - ,, --�ri� -- - ---�y'-�G�� ---._ . ��_n�.,,¢�� ....� _. --�-� --------- - , , � �t, �o� _,,�Ll��---�--�'-�--s'' _�_��_�-- �-��.. -- - . � ,i � i � ------------------------..BfI�a1_-- � n ��-. -�.-��----C?r�-�--,1`�.a.�---1�?�-�-------- --- �� , ' � __i7`�y.�f� ��, , _i � � c� �� _---- -- --- --------- - -- - -- - - -- - - ' �''�—� _--- ---zy"' -- --- - O ' . r t/ �.�,, � , L�, � �- / - - � ---- -- ---`��%� '��'_ C!�117�1'G�-?�! -- -- -1 -'- -�'`��---��- �'Z- - --=j-- --- ,, . . _ � • - . -------- ----------�1�/��1 �_._Q_•----�L�e2�h� �-_�2��1? � __l.f��_LLt.�c.uu��----- . . — ��,±� - - - - - -�-�_.__��!� -�..��. — --%�� _----- �'---��_-- -- . , n', ,. ' -�`"-- '�._- -��--'----��--- - ' � -'�':J_ _ ��i'-- ��.�.�L_ -- - - - �.�L�I�.L.__- - --- ._ ------- ------ �:z��; _ -��. - ---- ---- _ __ - --- - -- - ---------- _ ----__ --- ----------- --.-.----_--------_--- -------------_-----. ---_-_--- - --.-- -_ -- -----_-- _ _ _ ---- - . 131 � FRIDLEY CITY COUNCIL C�N� APRIL 8, 1991 FRlDLEY INFORMAL STATUS REPORTS � � FOR CONCURRENCE BY THE CZTY COUNCIL F� a April 8, 1991 Type of License: B,� Approved By: BILLIARDS American Legion Post 303 CDL Co. James P. Hill 7�65 Central Ave.N.E. Public Safety Director Fridley, MN 55432 George's Restaurant Am. Amusement Arc. " " " 3710 E. River Rd. Fridley, MN 55421 University Billiards Am. Amusement Ar�c. " " 7178 Univerity Ave.N.E. Fridley, MN 55432 University Billiards Greg Asproth " " 7178 University Ave. N.E. Fridley, MN 55432 V.F.W. Pos-t 3E3 Ron Saba " " 1040 Osborne Rd. N.E. Fridley, MN.55432 CARNIV�L Fridley 49er Days Scott Lund " 580 - 69th Ave. N.E. Fridley, ��1N 55432 CLUB & SUNDAY ON SALE LIQUOR Fridley V.F.4J. Post 363 Same " 1040 Osborne Rd. N.E. Fridley, MN 55432 Loyal Order of Same " Moose Mpls. Lodge #38 8289 Univeristy Ave. N.E, Fridley, P�IN 55432 Fridley American Legion Same " 7365 Central Ave. N.E. Fridley, P•1N 55432 CIGARETTE Al1 Temps A& J Enterprises " 5500 P�1ain St. N.E. Fridley, P1N 55432 American Legion Post 303 CDL Co. " Z�fiS Central Ave N E Fridley, MN 55432 � s LICENSEB �� m m � Fees: $40.00 $100.00 $100.00 $220.00 $40.OG " Exempt Deposit $200.00 ° $650.00 $200.00 " $650.00' $200.00 " � $500.0 $200.0 " $12.00 " $12.00 �� FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 �_.J �pI.�EY Apri 1 8, 1991 Page 2 CIGARETTE CONT. Carter-Day A� J Enterprizes James P. Hill $12.Oo 500 - 73rd Ave. N.E. Public Safety Director Fridley, MN 55432 Conoco Kayo Oil Co. " " " $12.00 7600 University Ave. N.E. - Fridley, h1N 55432 ' Fina Finaserve, Inc. " " " $12.00 7298 Highway 65 N.E. Fridley, MN 55432 . Fridley Phiilips 66 Bob Ring " " " $12.0a 7680 Hwy. 65 N.E. Fri dl ey, P�IPJ 55432 Knights of Columbus North Air Home Assoc. " " " $12.00 6831 Ha�y. 65 N.E. Fridley, MN 55432 PDQ #281 PDQ of Mn. " " " $12.OQ 620 Osborne Rd. N.E. Fridley, MN 55432 Shorewood Inn Am Amusement Arc. " " " $12.00 6161 Hwy.65 N.E. Fridley, P1N 55432 Sinclair Retail #22005 Same " " " $12.00 6290 tiwy. 65 N.E. Fridley, MN 55432 Snyder's Drug Store #18 Same " " " $I2.00 6582 University Ave. N.E. Fridley, h1N 55432 Tom Thumb #141 Same " " " $12.00 315 Osborne Rd. N.E. Fridley, P1N 55432 Total Petroleum Douglas Mast " �" " $12.00 6101 University Ave.N.E. . Fridley, MN 55432 Total Petroleum Douglas P9ast " " " �12.OG 5300 Central Ave. N.E. Fridley, P�N 55421 University Billiards Am. Amusement Arc. " " " �12.00' 7178 University Ave. N.E. Fridley, MN 55432 16A FOR CONCURRENCE BY THE CITY COUNCIL LZCENSEB .__, „ ,�,,, Pape 3 CIGARETTE CONT. University Sinclair Michael Johnson James P. Hill 6071 University Ave, N.E. Public Safety Director Fridley,MN 55432 V.F.W. Post 363 Ron Saba " " " 1040 Osborne Rd. N.E. , Fridley, MN 55432 BOWLING ALLEY Plaple Lanes Bowling Center . Same Richard Larson 6310 Hwy. 65 N.E. Fire Inspector Fridley, MN 55432 ENTERTAINP•1ENT Go Hyang House Yong Kang Chung James P. Hill 6440 University Ave.N.E. Public Safety Director Fridley, ��IN 55432 Knights of Columbus North Air Home Assoc. " " " 6831 Hwy. 65 N.E. Fridley, MN 55432 V.F.W. Post 363 Ron Saba " " 1040 Osborne Rd. N.E. - Fridley,MN 55432 GAt�IB L I NG Joe DiP1aggio's Sports Bar Geo. Vespa " " 1298 E. Moore Lk.Dr. Fridley, MN 55432 Sandee's Gary Braam " " 6490 Central Ave. N.E. Fridley, MN 55432 HOTEL, MOTEL Skywood Inn Skywood Mall Part. Richard Larson 5201 Central Ave. N.E. Fire Inspector Fridley,.MN 55421 Sunliner Motel Warren G. Paulson " " " 6881 Nwy. 65 N.E. �ridley,MN 55432 � � . m m m $12.00 $24.00 $360.00 $85.00 $85.00 $85.00 $300.00 $300. 00� $615.0 $195. �'�� FOR CONCURRENCE BY THE CITY COUNCIL !_/ p� April 8, 1991 OFF SALE BEER LZCEN8E8 Page 4 Conoco Kayo Oil Co. James P. Hill 7600 University Ave.N.E. Public Safety Director Fri d 1 ey, ��1N 55432 PDQ #281 Same " " �� 620 Osborne Rd. N.E. Fridley, MN 55432 ' Fridley Country Boy Country House Inc. " 6501 Central Ave. PJ.E. Fridley, MN 55432 � Tom Thumb #41 Polka Dot Dairy,Inc. " 315 Osborne Rd. N.E. Fridley, MN 55432 ON SALE BEER Oriental House Rest. ��leilan Leuck " 5865 University Ave. N.E. Fridley, MN 55432 Rocky Rococo Restaurant QSR Income Prop. " 7601 Viron Rd. N.E. Fridley, MPd 55432 Knights of Columbus North Air Home Assoc. " 6831 Hwy . 65 P� . E. Fri dl ey, ��1N 55432 Go Hyang Restaurant Yong Kang Chung " 6440 University Ave.N.E. Fri dl ey, P�N 55432 PRIVATE GAS PUMP �� m LL Anderson Trucking Serv. Same Richard Larson 7600 Central Ave. N.E. Fire Inspector Fridley, MN 55432 Gustavson Grinding Inc. Floyd Gustavson " �" 7410 Central Ave. N.E. Fridley, P�N 55432 Menard Cashway Lumber P�enard Inc. " 5351� Central Ave.N.E. Fridley, MN 55432 Park Construction Co. Richar Engebretson " 7900 Beech St. ��.E. Fridley, MN 55432 1 � � Q m $60.00 $60.00 $60.00 $60.00 $325.00 $325.00 " $325.00 $27.09 $30.00 $30.00 " $30.00 " $30.00 v � FOR CONCURRENCE BY THE CZTY COUNCZL FR1pL�EY Apri 1 8, 1991 PRIVATE PUMP CONT. RMS Co. Same Richard Larson 7645 Baker St. N.E. Fire Inspector Fridley, P•1N 55432 Unity R1edical Center Unity Hospital " " 550 Osborne Rd. N.E. , Fridley, MN 55432 REFUSE HAULER Browning Ferris Ind. Jef.f Schutt 9813 Flying Cloud Dr. Eden Prairie, MN 55347 Contract Disposal Keith Petrick 101 83rd Ave. N.E. �104 Fri dl ey, P1N 55432 Larry's Quality Sant. Larry Saba 17210 Driscoil St. N.W. Ramsey, P1N 55303 Pretzel's Sanitation Lawrence Plessel 15323 Ramsey Blvd. N.W. Anoka, MN 55303 4Joodlake Sanitary Serv.dba Joseph Horwarth All State Disposal 8661 Rendova St. 8ox #39 Circle Pines, MN 55104 RETAIL GASOLINE Conoco Kayo Oil Co. Richard Larson 7600 University Ave.N.E. Fire Inspector Fridley, MN 55432 Fina Finaserve,Inc. " " 729� Highway 65 N.E. Fridley, MN 55432 Fridley Phillips 66 Bob Ring " " 7680 Fiwy. 65 N.E. Fr�dley, MPJ 55432 Total Petroleum Douglas P1ast " " 6101 University Ave. N.E. Fri dl ey, P•1N 55432 Total Petroleum Douglas P1ast " 5300 Central Ave. N.E. Fridley, MN 554': 16D m �� LZCENBEH $30.00 $30.00 $165.00 $60.00 $75.00 $90.00 $165.00 $60.00 ;,.1 11 $6b.00 $60.00 $60.00 � — _ FOR CONCURRENCE BY THE CITY COUNCIL FRIDL�EY Apri 1 8, 1991 RETAIL GASOLINE CONT. LICENSES Paqe 6 University Sinclair Michael Johnson Richard Larson 6071 University Ave.N.E. Fire Inspector Fridley, P�PJ 55432 SOLICITOR(CHARITABLE) Knights of Columbus John Bachand James P. Hill 5945 N.E. 2nd St. Public Safety Director Fridley, MN 55432 TAXICAB Suburban Taxi Corp. Same " �614 Humboldt Ave. So. B1 oomi ngton, ^1N 55431 Fridley Cab Service Frank Gabrelcik " 5740 University Ave.N.E. Fridley, MN 55432 USED MOTOR VEHICLES Frank's Used Cars Frank Gabrelcik " 5740 University Ave.N.E. Fridley, MN 55432 Northtown Nissan, Inc. Dennis Hecker " 7810 Univerity Ave. N.E. Fridley, MN 55432 Pomaville's hlotor Valet John Pomaville " 5649 University Ave.N.E. Fridley, MN 55432 ON SALE AND SUNDAY ON SALE LIQUOR Fireside Rice Bowl Oliver Tam " 1160 Fireside Dr. N.E. Fridley, MN 55432 Ground Round Ground Round Inc. " 5277 Central Ave. N.E. Fri d 1 ey, �1N 55421 Joe DiP�aggio's George Vespa " 1298 E. Moore Lk.Dr. Fri dl ey, ��1N 55432 Fridley Recreation & Serv.Co.dba Donald Savelkoul t1aple Lanes Bowling Center 6310 Hwy. 65 N.E. Fridley, MN 55432 �' �� „ �� m $60.00 Exempt $50.00 $5fl.00 $150.00 $150.00 $150.00 $7,000.00 $200.00 $$,000.00 $200.00 " $7,000.00 $200.00 $6,000.00 $200.00 APPROVED BY R.H. LARSON, FIRE PF��ON BUREAU/HOUSING INSPECTOR CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN. 55432 Date: April 2, 1991 To: Honorable Mayor & City Council RE: FINAL ESTIMATE - Well No.9 City of Fridley PERIOD ENDING: Aprii 2, 1991 6431 University Ave., N.E. Fridley, MN 55432 FOR: Layne Minnesota Co. 3147 California St. N.E. Minneapolis, MN 55418 Puil Inspect and Reinstall Pump Rubber bearings 1 712 x 5' lineshaft 1 1/2 x 10' lineshafts 1 1 /2" shaft couplings 8" x 10' column pipe �8" x 5' column pipe 1 i /2" top special Stainless steel driveshaft Stuff box busing Box pump packing Water level indicator Column shaft, alignment Disinfect well & pump Test pumping TOTAL REPAIR AND MAINTENANCE OF WELL NO. 9 PROJECT NO. 215 PROJECT CODE # 601-60-000-6022 STATEMENT OF WORK t 12 1 5 4 7 1 1 1 1 1 1 1 1 $1,000.00 15.00 65.00 88.50 8.00 155.50 150.00 100.00 100.00 50.00 50.00 50.00 150.00 15D.00 17A 1 12 1 5 4 7 1 1 1 1 1 1 1 1 1 12 1 5 4 7 1 1 1 1 1 1 1 1 $1,OOO.QO 180.00 65.00 442.50 32.00 1,088.50 150.00 100.00 100.00 50.00 50.00 50.00 150.00 150.00 $3,608.00 FINAL ESTIMATE - Well No. 9 Layne Minnesota Page Two SUMMARY: Original Contract Amount Contract Additions - Change Order Nos. Gontract Deductions - Change Order Nos. Revised Contract Amount Value Compieted To Date SUB TOTAL Amount Retained (10%) (5�/0) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTlFICATE OF THE CONTRACTOR $3,608.00 0.00 0.00 0.00 3,608.00 3,608.00 0.00 0.00 �3�608.00 I hereby certify that the work performed and the materials supplied to date under terms of the contract for the reference project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities of the finai estimate are correct), and that this estimate is just and correct and no pa e"Amou e T is Estimate" has been received. � BY !�-� � -� ��"° • Date � � ractor`s Authorized Repre entative (Title) CERTIFICATE OF THE ENGINEER i hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By � / �` ��J L�2,,,�. , , �� r ` Checked By: I Date � `3 r 9 Respectfully Submitted, City of Fridley By . Flora, P. E. � irector of Public Works : April 8, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 9 PROJECT NO. 215 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentianed projects in accordance with the plans and specifications heretofore approved. The final contract cost is $3,608.00 and the final payment of $3,608.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. LAYNE MINNESOTA COMPANY �Ll�i2 r.�-� , ��C'/v V ./Z�✓ � - • CON RACTOR REPRE5EN IVE (TITLE) 17C April 8, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY REPAIR AND MAINTENANCE OF AELL NO. 9 PROJECT NO. 215 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. � Ral Volkman, Public ks Superintendent 17D ve, (�l�itle) April 8, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 9 PROJECT NO. 215 PREVAILING WAGE VERIFICATION This is to certify that LAYNE MINNESOTA COMPANY has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. LAYNE MINNESOTA COMPANY �� , � �1C�2� � ��` �� . RACTOR REPRESEN IVE (TITLE) 17E CITY OF FRIDLEY PUBLTC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Ave., N.E. Fridley, MN 55432 APRIL 8, 1991 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Repair and Maintenance of Well No. 9 Project No. 215 for Layne Minnesota Co., 3147 California Street, N.E., Minneapolis, MN, 55418. We have viewed the work under contract for the construction of REPAIR AND MAINTENANCE OF WELL NO. 9 PROJECT NO. 215 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, `/ i-t�''1� � I�s n G. Flora irector of Public Woxks Pre ared b : �-"-C�z�.f � �f P Y �'Q, Checked by : �� 'Q . .� � 7�