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SP05-01CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory � Others PROPERTY INFORMATION: (certificate of survey required for submittal, see attached) Address: 5�:��sv f`r�'` �'�-re.-z"� 91/C� _ �-=ry�z►. ,�,lli' SS°4t:`'Z-I Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: (C-3 Square footage/acreage: Reason for Special Use: Have you operated a business in a city which required a business license? Yes No �•-� If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No ������..��_�.,_..��..���..����_..�.,�__....,_,..._����_�����.._��....���.,.........._....��...�..���.,_�_�����_� FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this f rm prior to NAM E: { (..r c:.���.`� - %�`� ►'�'i ti t� � �� `� i �� �S' ,'r��' +'I ir-� �iL�� � ��,`� ADDRESS: �' (`)- DAYTIME PHONE: �� f, -b�J`1'7 SIGNAtURE/DATE: ng. ...._���.._�����_�__�.._�..�_�������_��__�_.._�_�����_�_������.._..������__.._..�_���__ PETITIONER INFORMATION NAME: -�r�51��� ��.;�k 1,t1�',��.�-��-s; �' �...,.�-�_ _ ADDRESS: 5�i?t� �� � `�1' /� DAYTIME PHONE:`7�_�'�� �� i %�- N SIGNATURE/DATE: l` �_,..,,...��..�,...�_��..,�..�...�....�����__�....��_����..��..�����....��_��..�.,�..�..�..��..�_��,..._����������� Section of City Code: t FEES j'r,,s`��.a,��}--'�;���'"b��rl�T�^ �.ft Fee: $100.00 Residential Second Accessory $1,500.00 Others s�t��;,c! �t., Application Number: ��-- C._ � r����a� �' 1�"�-e:f Receipt #: Received By: :� P� Scheduled Planning Commission Date: �� -�-� - �� -j-c Scheduled City Council Date: ��---� P> -- r`% � ��' 10 Day Application Complete Notification Date: =� -�7-LS � 60 Dav Date: <.: 7 --� �� �% ; � `�-. .(. �a�� �, c,�.��C . Document Name: TCPA 1 MSTINT036306FEB10050502 M A S T E R I N Q U I R Y S C R E E N KEY:00448386 YEAR:2005 FEE OWNER:IOWA CONF/WESLEYAN METH CH ACCT:E23 30 24 34 0063 TAXPAYER:IOWA CONF/WESLEYAN METH CH LOC:20 ROSLYN WESEYLAN CHURCH LEGAL:HAMILTONS ADDITION TO 5300 6TH ST NE MECHANICSVILLE CITY OF FRIDLEY MN 55421 FRIDLEY ASSESSOR:IOWA CONF/WESLEYAN METH CH CITY:FRIDLEY PC: ROSLYN WESEYLAN CHURCH CREATE:1983 ALLTORRENS FRIDLEY MN 55421 ACRES: PP REF: PARENT: VALUATIONS ****************�*** 2004 DATA ****************��******** LAND: 65000 * TAX DUE TAX OUTST P/I/C TOTAL DUE IMPR: 304500 * 41.95+ EST MKT: 369500 *STC:5E SPEC: * TAX MKT: 369500 * NOTES: ADJ-N NAL-Y DELQ-N * TAX CAP: *ACT CD: DESC: *********�*���******************��*****�****�**�******* BUILDING INFO DITCH: BEN ACRES: BEN AMT: TYPE:CH LEVY:23014I AREA:FR01 INCDST: AG P: WASTE BLT:1968 EFF:1978 LAST SALE: PCA:4017 EXEMPTIONS:EXM CONST: ACTIVITY:2002/12/27 STC:SE EXEMPT CHAIN:*NONE* FUNC: DATA: SUB: YR:2005 MESSAGE: @ Date: 2/10/2005 Time: 3:50:29 PM Document Name: TCPA 1 LEGLVT036310FEB10050502 L E G A L / B N 0 T E V I E W KEY:00448386 YR:2005 FEE OWNER:IOWA CONF/WESLEYAN METH CH ACCT:E23 30 24 34 0063 SEQ LEGAL DESCRIPTION 1 HAMILTONS ADDITION TO 3 FRIDLEY 5 HAMILTONS ADD TO 7 9 11 13 15 17 19 21 23 25 27 29 CONTINUE (X) : FUNC: DATA: MESSAGE: Date: 2/10/2005 Time: 3:55:35 PM SEQ 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 LEGAL DESCRIPTION MECHANICSVILLE CITY OF LOTS 11 TO 15 INC BLK 15 MECHANICSVILLE SUB: YR:2005 @ _ _ CI7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/'TTY (763) 572-3534 February 7, 2005 Roslyn Park Wesleyan Church Attn: Dale Christiansen 5300 6th Street N E Fridley MN 55432 Dear Mr. Christiansen: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your applications for a plat and special use permit on January 28, 2005. This letter serves to inform you that your applications are complete. Your Preliminary Plat and Special Use Permit application hearings and discussion will take place at the City of Fridley Planning Commission Meeting on March 2, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your preliminary plat and special use permit on March 28, 2005 at 7:30 P. M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, �1 ' ;� ��,�%! F�f�,���'t���;� , Stacy S��mberg City Plarl�ner •J cc: lowa — Minnesota District of the Wesleyan Church PO Box 485 Charles City IA 50616 C-05-08 ,�. � ^ � F � ,; �J �� �'`��(_ ��:�; - d - r ' l - U.i City of Fridley (Official Publication) 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 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a SpeciaF Use Permit, SP #05-01, by Roslyn Park Wesleyan Church, to allow the continuation of a church use in an R-3, Multi-Family resi- dential zoning district, the legal descrip- tion is on file and available at Fridley Municipal Center, generally located at 5300-6th Streei NE. Any and all persons desiring to be heard shall be given an opportunity at ihe above stated time and place. Any questions relat- ed to this item may be referred to Stacy Stromberg, Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interprefer or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than February 24, 2005. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Published: February 77, 2005 (Feb. 17, 2005)f2/sp-05-01-roslyn pk church 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 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #05-01, by Roslyn Park Wesleyan Church, to allow the continuation of a church use in an R-3, Multi-Family residential zoning district, the legal description is on file and available at Fridley Municipal Center, generally located at 5300-6th Street NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 24, 2005. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: February 17, 2005 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5300-6`h Street NE. CASE NUMBER: S ecial Use Permit, SP #05-01 APPLICANT: Roslyn Park Wesleyan Church Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To allow the continuation of a church use in an R-3, Multi-Family residential zoning district. LOCATION OF 5300-6t Street NE PROPERTY AND LEGAL Lots 11, 12, 13, 14, 14, 16, 16, 18, 19, 20, and 21, Block 15, DESCR/PT/ON: Hamilton's Addition to Mechanicsville, according to the plat on file and or record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property as provided by law. That part of the vacated alley in Block 15, Hamilton Addition to Mechanicsville, Anoka County, Minnesota, lying southerly of the westerly extension of the north line of Lot 11, said Block 15, and lying northerly of the westerly extension of the south line of Lot 15, said Block 15, subject to an easement for utility purposes and stipulations in favor of the City of Fridley, as set forth in Resolution No. 67-1998, filed A ril 25, 2000 as document No. 352743. DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, March 2, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/CIPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 24, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: February 17, 2005 � City of Community Develoment Department ,� Fridley Public Hearing Notice � �, � i �� _ � _ .� -- i _—� a� � — c '' � / Q, � /,; � ( � — > .� � I�_ LEGEND '� ; � � -� � �1� �� �_ _� , � Interstate 694 � �' --�— � ;—�-� - -- -- --,- �I � I I -- a� i �_ _� �'__ � � � ��-- �I _ �I �. a� -- -- ��`� � � � ' �—�� � ��-- - cn - � ��- _���� _ _ __� , � �!� I i _�_ � �_— - _ _ - ____ 53rd Avenue Plat Request #05-01 & Special Use Permit Request #05-01 5300 6th Street Petitioner: Roslyn Park Wesleyan Church N Sources: A Fridley Engineering Fridley GIS Anoka County GIS Map Date: 2/16/05 GLIADON THOMAS D& DIANA L CURRENT RESIDENT ANDERSON MICHAEL J& LINDA 7131 RIVERVIEW TERRACE NE 5381 6TH ST NE 5360 5TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55304 FRIDLEY, MN 55421 SCHWARTZ DUANE LEO & M Y 2525 118TH AVE NW COON RAPIDS, MN 55433 RUIS JEREMIAH J& JENNIFER L 5336 5TH ST NE FRIDLEY. MN 55421 HUBER ROBERT J & MICHELE 18380 GLADIOLA ST NW CEDAR, MN 55011 HANSMANN JOEL J& THOMPSON E J 5375 5TH ST NE FRIDLEY, MN 55421 NELSON LARRY A& RITA ANN 5323 4TH ST NE FRIDLEY, MN 55421 FRIDLEY CITY OF 6431 UNIVERSITYAVE NE FRIDLEY. MN 55432 FRIDLEY, MN 00000 BREITKREUTZ PATRICK W& S R 5315 4TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5347 4TH ST NE FRIDLEY, MN 55304 FRAULY WILLIAM J& KAREN J 3717 RESERVOIR BLVD NE COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5335 6TH ST NE FRIDLEY, MN 55304 FRIDLEY CITY OF 6431 UNIVERSITYAVE NE FRIDLEY, MN 55432 SCHOLZEN EDWARD J& LOIS S 117 HARTMAN CIR FRIDLEY, MN 55432 CEDERSTROM YUANITA L 5331-6TH ST NE MPLS, MN 55421 FRIDLEY CITY OF 6431 UNIVERSITY AVE NE FRIDLEY. MN 55432 RODGERS FRANCES V 5330 5TH ST NE FRIDLEY, MN 55421 STIMACK THOMAS O 5331 5TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5339 4TH ST NE FRIDLEY, MN 55304 WALKER DEBORAH J 5329 5TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5334 5TH ST NE FRIDLEY. MN 55304 CURRENT RESIDENT 117 HARTMAN CIR NE FRIDLEY, MN 55304 CURRENT RESIDENT 5331 6TH ST NE FRIDLEY. MN 55304 WRIGHT EUGENE & DIANE M 15100 STONE RD WAYZATA, MN 55391 LEWIS TERRANCE P & SANDRA 5323 6TH ST NE FRIDLEY. MN 55421 IOWA CONF/WESLEYAN METH CH CURRENT RESIDENT OTTEN MERLE J& MARGARET J ROSLYN WESEYLAN CHURCH 5300 6TH ST NE 5315 5TH ST NE 5311 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55304 FRIDLEY, MN 55421 STEVENS JAMES B& JOANNE C ANDERSON MICHAEL C DONLEY CHRIS T& PAMELA J 5310 5TH ST NE 5315 6TH ST NE 5305 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 IOWA CONFNVESLEYAN METH CH ROSLYN WESEYLAN CHURCH 5300 6TH ST NE FRIDLEY, MN 55421 TORRES M& ZEPEDA DAYSI & A D 53005TH ST NE FRIDLEY, MN 55421 SIEDLECKI PATRICIA J 53806TH ST NE FRIDLEY, MN 55421 YANG YENG H ETAL' 5346 6TH ST NE FRIDLEY, MN 55421 BRENEMAN RICHARD L & KATHLEEN 5357 4TH ST NE FRIDLEY, MN 55421 YANG JOHN X 53607TH ST NE FRIDLEY. MN 55421 JOHNSON DEAN VINCENT & SANDRA 5330 7TH ST NE FRIDLY. MN 55421 CURRENT RESIDENT 5371 6TH ST NE FRIDLEY, MN 55304 CURRENT RESIDENT 5384 5TH ST NE FRIDLEY, MN 55304 RENKERT STEVEN E& VICKI E 5301 4TH ST NE FRIDLEY, MN 55421 GIDEO ROBERT J JR & FRANCES 5372 6TH ST NE FRIDLEY. MN 55421 KNOWLES BRUCE E& DAWN R 5336 6TH ST NE FRIDLEY. MN 55421 HOIBY RONALD L& CAROL A 5380 7TH ST NE FRIDLEY. MN 55421 SCHUMACHERJODIL 5350 7TH ST NE FRIDLEY, MN 55421 HENNING JASON A 5310 7TH ST NE FRIDLEY. MN 55421 WELLNER GARYA 8457 RIVERVIEW LN N BROOOKLYN PARK, MN 55444 CURRENT RESIDENT 5300 6TH ST NE FRIDLEY, MN 55304 ANDERSON MICHAEL C 5315 6TH ST NE FRIDLEY. MN 55421 BLANK RICHARD K 5360 6TH ST NE FRIDLEY, MN 55421 IOWA CONFNVESLEYAN METH CH ROSLYN WESEYLAN CHURCH 5300 6TH S' FRIDLEY, MN 55421 FAZLIC IZET & DZENANA 5370 7TH ST NE FRIDLEY, MN 55421 MARPE KEVIN D& CHRISTINE M 5340 7TH ST NE FRIDLEY. MN 55421 WELLNER GARY A 8457 RIVERVIEW LN N BROOKLYN PARK, MN 55444 LINDBERG CURTIS M & MARILYN 5353 4TH ST NE FRIDLEY. MN 55421 CURRENT RESIDENT SWANSON LEE CURRENT RESIDENT 5361 6TH ST NE 7316 75TH AVE N 5370 5TH ST NE FRIDLEY, MN 55304 BROOKLYN PARK, MN 55428 FRIDLEY, MN 55304 MIKKELSON BRIAN 5367 5TH ST NE FRIDLEY. MN 55432 KRAWIECKI GERALD & G A CURRENT RESIDENT DUGAS JOSEPH H& CAROLINE 5257 6TH ST NE 5257 6TH ST 5253 6TH ST NE COLUMBIA HGTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5253 6TH ST COLUMBIA HEIGHTS, MN 55421 PALLIES DAVID R& JODY L 5253 4TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5252 STH ST COLUMBIA HEIGHTS, MN 55421 MCCRACKEN JON M& TERESA F 5262 6TH ST NE COLUMBIA HEIGHTS, MN 55421 ALTMEYER ROXANNE M 5254 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5251 4TH ST COLUMBIA HEIGHTS, MN 55421 REYNOLDS IDA S 5249 STH ST NE COLUMBIA HGTS, MN 55421 SMALL MORRIS F& LADONNA J 5245 4TH ST NE COL HEIGHTS, MN 55421 ANDERSON LINDSAY E 5258 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5253 4TH ST COLUMBIA HEIGHTS, MN 55421 USHER BEVERLY J& DUANE L 5255 STH ST NE COLUMBIA HGTS, MN 55421 VESCIO CHARLES J & SHIRLEY 5249 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5254 6TH ST COLUMBIA HEIGHTS, MN 55421 SINGH PHILLIP K 5245 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5249 STH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5245 4TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5258 6TH ST COLUMBIA HEIGHTS, MN 55421 NOVITSKY MICHAEL & ANN 5252 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5255 STH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5249 6TH ST COLUMBIA HEIGHTS, MN 55421 AVILA VICTOR & AGUIRRE M 5251 4TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5245 6TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5262 6TH ST COLUMBIA HEIGHTS, MN 55421 OLSON RICHARD & JOYCE 5246 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT DUFFY RAYMOND G& ELAINE D CURRENT RESIDENT 5246 STH ST 5248 6TH ST NE 5248 6TH ST COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 MURPHY BETTY J& JOSEPH J CURRENT RESIDENT MOEN JOSEPH E& MARTHA I 5241 6TH ST NE 5241 6TH ST 5239 4TH ST NE COLUMBIA HGTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5239 4TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5243 STH ST COLUMBIA HEIGHTS, MN 55421 JANISH NORBERT J& G B 5242 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5235 6TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5261 STH ST COLUMBIA HEIGHTS, MN 55421 GRANT PETER E& TRACEY L 5232 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5236 6TH ST COLUMBIA HEIGHTS, MN 55421 ROESSLER FRANK C& JUNE M 5229 4TH ST NE COLUMBIA HGTS, MN 55421 HOLIN ROBERT WILSON & G 5261 STH ST NE COLUMBIA HGTS, MN 55421 SUCIK MATTHEW J& LEONA T 5240 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5242 6TH ST COLUMBIA HEIGHTS, MN 55421 SAPPA PATRICIA G 5233 4TH ST NE COLUMBIA HGTS, MN 55421 BESS JULIE A& JOHN F 5233 STH ST NE COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5232 STH ST COLUMBIA HEIGHTS, MN 55421 DAY FRED A& MARY L 5233 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5229 4TH ST COLUMBIA HEIGHTS, MN 55421 SPERL ALEXANDER F& ADELE M 5243 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5240 STH ST COLUMBIA HEIGHTS, MN 55421 SCHINTZ ERROL L 5235 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5233 4TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5233 STH ST COLUMBIA HEIGHTS, MN 55421 BECHER OTTO H& DONNA M 5236 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5233 6TH ST COLUMBIA HEIGHTS, MN 55421 DIETRICH ELDEN E 5256 STH ST NE COLUMBIA HGTS, MN 55421 SANETRA KRISTY M CURRENT RESIDENT PLESSEL LEONARD J& PHYLLIS 5230 6TH ST NE 5230 6TH ST 15365 NORWOOD LANE COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 PINE CITY, MN 55063 CURRENT RESIDENT BURSELL LOWELL R& CARLA R CURRENT RESIDENT 5228 STH ST 5227 STH ST NE 5227 STH ST COLUMBIA HEIGHTS, MN 55421 COLUMBIA HGTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 STURM TIMOTHY R& KARRI L 5229 6TH ST NE COL HGTS, MN 55421 CURRENT RESIDENT 5225 4TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5224 6TH ST COLUMBIA HEIGHTS, MN 55421 LINDBOE DENNIS D& LISA M 5225 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5219 STH ST COLUMBIA HEIGHTS, MN 55421 NELSON DENNIS W & BARBARA 5257 4TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5229 6TH ST COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5256 STH ST COLUMBIA HEIGHTS, MN 55421 HARDING PATRICK M& PATTY A 5222 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5225 6TH ST COLUMBIA HEIGHTS, MN 55421 HILL RANGER M& CATHERINE A 5219 4TH ST NE COLUMBIA HEIGHTS, MN 55421 CURRENT RESIDENT 5257 4TH ST COLUMBIA HEIGHTS, MN 55421 BECK M & KALBOW EDGAR TRUSTEES 5225 4TH ST NE COLUMBIA HGTS, MN 55421 RDDAD IBRAHIM & MARY J 5224 6TH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5222 STH ST COLUMBIA HEIGHTS, MN 55421 SCHOENIKE LORI A 5219 STH ST NE COLUMBIA HGTS, MN 55421 CURRENT RESIDENT 5219 4TH ST COLUMBIA HEIGHTS, MN 55421 City of Fridley Land Use Application SP #05-01 March 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Roslyn Park Wesleyan Church Dale Christiansen 5300 6"' Street NE Fridlev MN 55432 Requested Actions: Special Use Permit to allow a church in an R-3, General Multiple Units zoning district. Existing Zoning: R-3, General Multiple Units Location: 5300 6th Street and vacant lot north of 5315 5th Street. Size of Property: 37,146 sq. ft. .85 acres Existing Land Use: Church building and a vacant lot Surrounding Land Use & Zoning: N: Single Family homes & R-2 & R-3 E: Single Family home & R-2 S: Single Family & Columbia Heights W: Single Family home & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.09.C.(1) requires a special use permit to allow churches in a R-3, Multi-Familv zoninq district. Property History: 5300 6�h Street: 1886 — Lot is platted. 1956 — Church is constructed. Legal Description of Property: See Attached Certificate of Su Public Utilities: Church is connected Transportation: Access can be obtained from 5th Street or 6th Street. Physical Characteristics: Relatively flat, with typical suburban landscapinq. SUMMARY OF REQUEST The petitioner, Mr. Christiansen, Pastor for the Roslyn Park Wesleyan Church, located at 5300 6th Street, is seeking to special use permit to a�low a church is an R-3, General Multiple Units zoning district. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permif request, with stipulations. Churches are a permitted special use in an R-3, General Multiple Units zoning district. Vrt ` ,� y *�r: ��� ,� ,� �� ; �=" - .. � ���� �, �r � � ,� i:y�. ����" n.x'�,,.,,.�± � ' �-' � ' �„';: � �� 4 sa,-i�'.�`�' a `,. „ r � .�` ,Y, �:.,r .� �- �, ,ar�-, . Existing Church Building CITY COUNCIL ACTION / 60 DAY DATE City Council — March 28, 2005 60 Day Date — March 28, 2005 Staff Report Prepared by: Stacy Stromberg PS #05-01 & SP #05-01 REQUEST The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church is requesting a replat of the church property, which is located at 5300 6t" Street. Replatting the property will allow the church to separate and create two single family lots, which will be located at 401 53�d Avenue and 5315 5th Street and create a new lot for the church property. The new lot created for the church property will include 5300 6th Street and the vacant lot north of 5315 5'h Street, which will continue to allow access to the alley and could be used for additional parking. „ _ _ __ __�. . . _ � � F ��7:��� ��8� I ` _� � i� ���� y� � ���►��-� — { � _.. .-��,�.� � � !._...���1 ` - � -� ;,�-•, _ �_ �� � '�'' y� a• � � �� �� ._. . __ .� . _: �.-,, �_ ��3� � ` ` _ .� � c. ` _ M I__- . � _� : f �— - V � _� ' �,�"�..� � �,��I�' i ! ' 401 ; ; �____ _.. ' __ _._ .:.. .._.._ � I 53�d Avenue The petitioner is also seeking a special use permit to allow a church in an R-3, General Multiple Units zoning district. ANALYSIS The subject properties are all zoned R-3, General Multiple Units. The lots north of the church parcel are zoned R-2, Two Family units, while the parcels to the west and north of the church property are zoned R-3, General Multiple Units. This plat and special use permit requests are coming to us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5'h Street; however, the new congregation is not interested in purchasing the other two lots that are occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5th Street, to be sold separately as single family lots. The existing church building was constructed in 1956. The parsonage house and garage at 401 53�d Avenue, were built in 1965, and the house at 5315 5th Street was built in 1951, with an addition to the garage constructed in 1992. � � # �` 7 �� 3 - i ie. � � . �,a.. r .. _ . . ._ "�"f , _ . , i'' � :. . r'" �� .�� �. ��y iir' � _ .,�.`� '�`r `K'.'D_�'�.�' . � , Existing Church Building In 1998, the City Council approved a rezoning request by the church to rezone approximately one-haif of the church property from R-2, Two-Family Units to R-3, General Multiple Units. This rezoning allowed the entire church property to be zoned consistently. In the same year, a vacation was also approved, to vacate an alley that bisects the church property. When the alley was vacated in 1998, two property owners north of church property were still using the alley. Therefore, the church requested to vacate the alley in the area that bisects their property and agreed to provide an access across their vacant lot, north of 5315 5t" Street, which allows access to those residential property owners who wanted to continue to have access to the alley. Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwelling and have a minimum lot width of 75'. The approximate size the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres) and will include the parcel with the church building and the vacant lot located north of 5315 5th Street. Proposed Lot #2, located at 401 53`d Avenue will be 12,046 square feet, and will accommodate the existing parsonage house and garage. Proposed Lot #3 at 5315 5th Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of 5th Street. , y . „ � 1 ;,;� < } ij. � , , �; �_ _ _ � _ Y _ � p . . ° ' . ., � �� :� vi.-� �, �15 ; �:_ " ... __ e� �� �; ��. _ - a .. _. _ _- _ _ �. � - ' - ,���,,,�,,.�w.�' .""""�"�.r ._.�-+-� — , 1 �- � �s` . ,� - - .rr�' "'� :• k - xa ..r , . ...s �.�.%+ .r , �� _ . . � -,. . �,. .. . ..„ , ��.� �. , � a.,._.,._ . . .. _.. ...:�... .._.�,.�,.--�..� "�'n .�§+,'"'" ,.r%t� , . .. ., ..,�:. ._. . .. „ �_�.rx.x..: . .yri,a, . . , . , Left — House located at 5315 5th Street b� Right — House located at 401 53` Avenue The petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 6th Street. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 5th Street as part of their property in the event that they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. City staff has been in contact with Kaneb Pipeline, regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined, which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. RECOMMENDATION City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. City Staff recommends approval of this special use permit request, with stipulations. • Churches are a permitted special use in an R-3, Multi-Family zoning district. STIPULATIONS Staff recommends that if the plat and special use permit are granted, the following stipulations be attached. 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. Roslyn Park Wesleyan Church 5300 6t" street, Fridley, MN 55421 Explanation of Requests Our congregation is seeking city approval for two requests. First, we are asking for a special use permit to enable us to conform to city codes for our presence on this property. Evidently, when the church was built in 1956 this was not required and it has never been taken care oT in ihe years since. Recenf canversations with Scott �iickok and Stacy Stromberg have made us aware of the need to put this situation in order. The site of our church is zoned R-3 and we believe we meet the conditions for using this property as a church. We are not aware of any problems relating to our presence here. Thank you for considering this request. Our congregation plans to relocate to Spring Lake Park, and we are in the process of selling our property in Fridley. Another congregation has agreed to purchase the church building and most of the land around it to continue using it as a church. We would like to divide off the two houses on our property to be sold separately. The attached plat proposal has been drawn up with the goal of ineeting the needs of future owners while satisfying the requirements and objectives of the city. Once a plat plan is approved, we intend to sell the two houses to individuals or families as private homes. We have taken steps to ensure that all city codes are taken into consideration in this plan and we hope it i�eri�s yaur aj���i'cral. �f �"Ere ar� def;c�encias vre wi!! act �;� omptiv tc correct them. Thank you for your consideration of these requests. Sincerely, � i1 ' . ►� � ,� � �.� �- 9 �.: Dale R. 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ASESHOWN�O q ��a I I ,;. -� r -- —�-_�--- ;.�--� ____ _ _ �o � ,�°� , � =1� - I �1 - jI Qescriotion of Pr000sed Drivewoy Easement: - , or�a^��m, �, ��-1 �—� ' a- -.� � — — —`s— ^"��I �c o I= � I� n 2a.oa teet wae ease�.,eni io. alleywoy Purposes o�er �naer and across lnot port _ I„ � nunk.cc W��', -C? - a � � N I o( Lol 20 on0 Lot Zt HAMI�TONS PDDITION 70 MECMANICSYLLE Anako Coanty g � .� tl�%4e' ., � t Me/ �� (0 'I Alinnesata wh�ch I-es IZ00 lee� o each s�de af lhe lallow-ng descrbeE cenlerl-ne_ I �. , C N � n :� °p x ' _ . ; � �caYi�c ��"� � ° 7 ' � I i� comme���q a� me �o.m,es� Ssue� oi saa �oi z� me�ce sa�m oo de9rees _ ��•r fi�' L' _�� ..,I_ . 1� - x _ V .1, �� I 27 m'nules 22 seconas Easl med Deoring }].Si feel along ine wes� I-ne I'. u � '" t Y �'I, �' /�� �, � o( sa�tl Lal 21 lo lhe painl o( begnnnq lor lhe cented'ne lo �e descrbeG. 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WaltaJ.Gregory � CB � <LL BE4RING5 <RE s55UMED I I re�o I o zo <o so eo �oo PreliminaryPlatOf: s�aia i� r..� GOSPEL HALL 1 fOOT CONTOUR INTERVA� BENCN MAFK: THNONW COfl STH ST. AN� 53RD <VE. ELEV4TIOn = 848.14 ProjtttNumCer' �`_�� P P Date: Januarv 1.2005 sn�a: i w � CITY OF FRIDLEY PLANNING COMMISSION MARCH 2, 2005 CALL TO ORDER Chairperson Savage called th meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Barbara Joh\n , Larry Kuechle, Diane Savage, Leroy Oquist, and Brad Dunham. Members absent: David Kondrick an Dean Saba Others present: Stacy Stromberg, City lanner Rebecca Brazys, Recor ' g Secretary Dale Christiansen, Petitio r APPROVE PLANNING COMMISSION MINUTES — ecember 15, 2004 MOTION by Commissioner Oquist, seconded by Comr�ssioner Johns, to approve the minutes as presented. \ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOI�SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � PUBLIC HEARINGS: 1. Consideration of a preliminarv plat, PS #05-01, bv Roslyn Park Weslevan Church, to subdivide the propertv to allow the creation of two sinqle familv lots and a separate lot for the church propertv, qenerallv located at 5300-6 Street NE. 2. Consideration of a special use permit, SP#05-01, bv Roslvn Park Weslevan MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to open the public hearing on for both matters. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg explained that the petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church, is requesting a replat of the church property located at 5300 6th Street. Replatting the property will allow the church to separate and create two single family lots, which will be located at 401 53�d Avenue and 5315 5th Street and create a new lot for the church property. The new lot created for the church will include 5300 6th Street and the vacant lot north of 5315 5�' Street, which will continue to allow access to the alley and could be used for additional parking. The petitioner is also seeking a special use permit to allow a church in an R-3 General Multiple Units zoning district. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 2 of 7 Ms. Stromberg explained that the subject properties are all zoned R-3, General Multiple Units. This plat and special use permit requests are coming to us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street; however, the new congregation is not interested in purchasing the other two lots that are occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5th Street to be sold separately as single family lots. Ms. Stromberg stated the existing church building was constructed in 1956. The parsonage house and garage at 401 53�d Avenue were built in 1965 and the house at 5315 5th Street was built in 1951 with an addition to the garage constructed in 1992. Ms. Stromberg further explained that in 1998 the City Council approved a rezoning request by the church to rezone approximately one-half of the church property from R-2, Two Family units to R-3, General Multiple Units. This rezoning allowed the entire church property to be zoned consistently. In the same year, a vacation was also approved to vacate an alley that bisects the church property. When the alley was vacated in 1998, two property owners north of the church property were still using the alley. Therefore, the church requested to vacate the alley in the area that bisects their property and agreed to provide an access across their vacant lot, north of 5315 5th Street, which allows access to those residential property owners who wanted to continue to have alley access. Ms. Stromberg stated that Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwellings and have a minimum lot width of 75'. The approximate size of the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres) and will include the parcel with the church building and the vacant lot located north of 5315 5th Street. Proposed Lot #2, located at 401 53�d Avenue will be 12,046 square feet and will accommodate the existing parsonage house and garage. Proposed Lot #3 at 5315 5th Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of 5�' Street. Ms. Stromberg explained that the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 6t'' Street. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Stromberg stated Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 315 5th Street as part of their property in the event that they need CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 3 of 7 additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Stromberg explained that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined, which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Stromberg stated Staff recommends approval of the preliminary plat request with stipulations as the proposed lots exceed the size standards required by the City of Fridley Zoning Code. Staff also recommends approval of this special use permit request with stipulations as churches are a permitted special use in an R-3 Multi-Family zoning district. Ms. Stromberg stated that Staff recommends the following stipulations be attached if the plat and special use permit are granted: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6`h Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5'h Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. Chairperson Savage stated the Commission had received a letter from Tom Stimack of 5331 5'n St. NE opposing the replatting of the church property. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to enter this letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked Ms. Stromberg if she is aware of any use other than parking that the church plans for the empty tot. She also asked if there have been any complaints other than Mr. Stimack. Ms. Stromberg stated parking is the only plans that she is aware of for the empty lot and she indicated she has received no other complaints from neighbors. Commissioner Oquist asked if there is adequate space on the vacant property for parking even though there's a driveway going through there. Ms. Stromberg responded there is. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 4 of 7 Commissioner Kuechle questioned if there is any concern about the fact that the property is zoned R-3 but the houses are single family. Ms. Stromberg explained that if someone chose to tear down one of the houses, they could rebuild as much as a three unit building but a single family home can be retained in a multi- family district. Commissioner Johns asked if it is typical for churches to be in an R-3 zoning. Ms. Stromberg stated it is typical for them to be located in residential zoning. Dale Christiansen, Pastor of Roselyn Park Church, stated their church has looked into expanding in the past so all of their property was consolidated into one title at that time. Since then, they've decided to relocate to meet their needs. They've found a congregation to buy their church, but they're not big enough to purchase all the property thus the request to replat the property to enable Roselyn Park Church to sell the lots with the houses. The prospective buyer of the church has been in and talked to City staff about the parking and that's why they are purchasing the vacant lot for future parking needs. The good news is the two houses will be returned to the City tax rolls. Roselyn Park Church celebrated their 50th anniversary last Sunday. Commissioner Kuechle asked if the alley actually exists the way it is reflected on the survey submitted. Pastor Christiansen responded that it is as shown on the plat. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HAERING CLOSED AT 7:55 P.M. Commissioner Kuechle stated this appears to be a straight forward request with nothing really changing as far as whaYs currently there. The replatted lots will still meet zoning requirements and he would be in favor of this proposal. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to approve Preliminary Plat PS #05-01 by Roslyn Park Wesleyan Church, to subdivide the property to allow the creation of two single family lots and a separate lot for the church property, generally located at 5300 6th Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 5 of 7 5. The existing garage at 5315 5th Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5`h Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Johns, seconded by Commissioner Dunham, to approve Special Use Permit SP #05-01 by Roslyn Park Wesleyan Church, to allow the continuation of a church use in an R-3, Multi-Family residential zoning district, generally located at 5300 6th Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes o the December 2 2004 Housin � Redevelo ment Authoritv meetinq. MOTION by Commissioner Oquist, se onded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the Janu 6 2005 Housin 8� Redevelo ment Authoritv meetinp. MOTION by Commissioner Oquist, seconded by ommissioner Kuechle, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP�RSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. \ 5. Receive 1 meetinq. � � qTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 28, 2005 Date: March 16, 2005 William Burns Cit Mana er �� To. , y g � From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #05-01, Roslyn Park Wesleyan Church M-05-21 INTRODUCTION The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church, located at 5300 6th Street, is seeking a special use permit to allow the continuation of a church in an R-3, General Multiple Units zoning district. A church has occupied this site since 1956; however, a special use permit has never been obtained. The Congregation interested in purchasing the Church would like all zoning matters resolved prior to their closing on the property. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 5th Street as part of their property in the event that they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. 33 PLANNING COMMISSION RECOMMENDATION At the March 2, 2005, Planning Commission meeting, a public hearing was held for SP #05-01. After a brief discussion, the Planning Commission recommended approval of SP #05-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage( with direct access from 5`h Street) shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. 34 City of Fridley Land Use Application SP #05-01 March 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Roslyn Park Wesleyan Church Dale Christiansen 5300 6th Street NE Fridley MN 55432 Requested Actions: Special Use Permit to allow a church in an R-3, General Multiple Units zoning district. Existing Zoning: R-3, General Multiple Units Location: 5300 6`h Street and vacant lot north of 5315 5th Street. Size of Property: 37,146 sq. ft. .85 acres Existing Land Use: Church building and a vacant lot Surrounding Land Use & Zoning: N: Single Family homes & R-2 & R-3 E: Single Family home & R-2 S: Single Family & Columbia Heights W: Single Family home & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.09.C.(1) requires a special use permit to allow churches in a R-3, Multi-Familv zoninq district. Property History: 5300 6`h Street: 1886 — Lot is platted. 1956 — Church is constructed. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Church is connected Transportation: Access can be obtained from 5�h Street or 6'h Street. Physical Characteristics: Relatively flat, with typical suburban landscaqinp. 35 SUMMARY OF REQUEST The petitioner, Mr. Christiansen, Pastor for the Roslyn Park Wesleyan Church, located at 5300 6'h Street, is seeking to special use permit to allow a church is an R-3, General Multiple Units zoninq district. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request, with stipulations. Churches are a permitted special use in an R-3, General Multiple Units zoning district. �t y; �,�; �t,�;�� �- � �- , . �, �'�t � 4 ; � � � , , ` �j '�: ���� �; , � �` x. ` �, rm� � ' ...� � , �i i rr' � " "- ��' � � � ��I��� � ; �r,,,,. �� � Y •� ' �i� � • .>� � , ,�.:.�:. .N ����� v�"}}f��j�y*�. . .,: , �� � �� � x ��� � b����� ��f� � �_ � r:, � � �- �,� ��� �� ps `�'� � - �.a��' Existing Church Building CITY COUNCIL ACTION / 60 DAY DATE City Council — March 28, 2005 60 Day Date — March 28, 2005 Staff Report Prepared by: Stacy Stromberg PS #05-01 & SP #05-01 REQUEST The petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church is requesting a replat of the church property, which is located at 5300 6th Street. Replatting the property will allow the church to separate and create two single family lots, which will be located at 401 53�d Avenue and 5315 5`h Street and create a new lot for the church property. The new lot created for the church property will include 5300 6th Street and the vacant lot north of 5315 5th Street, which will continue to allow access to the alley and could be used for additional parking. �, , , . . ------_.. ___ __ --__ _. _ —, , 3;�"��7 ���� ! __ __.. 53�2 3��� __. _ _. ,..... '���t1� ���1 � � _ _ ��rfi -�-i S�2J : ... . _ �� � �._. ���� � � � _ "� � � ��'1 � _I ���?� l � 401 ' _i _ 1__ _ : 53�d Avenue The petitioner is also seeking a special use permit to allow a church in an R-3, General Multiple Units zoning district. ANALYSIS The subject properties are all zoned R-3, General Multiple Units. The lots north of the church parcel are zoned R-2, Two Family units, while the parcels to the west and north of the church property are zoned R-3, General Multiple Units. This plat and special use permit requests are coming to us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5th Street; however, the new congregation is not interested in purchasing the other two lots that are occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5t" Street, to be sold separately as single family lots. The existing church building was constructed in 1956. The parsonage house and garage at 401 53�d Avenue, were built in 1965, and the house at 5315 5th Street was built in 1951, with an addition to the garage constructed in 1992. 36 ; � �� i��, r' i 1 f t.i,`� �.; � � � f ��� � � � � � ��- i�' k, ` \ ; � , �,;•'�' °�:� . ��.. , �� :�" �'F. ;''� • , , t � � �;. . , ���� � i t � � �`�`�, ��. ;-� �`, � � ,�r ,, ,. � �� �� c ir�y,+,��, = u j� 9!. .. ' . .�.._:� � ���-; �r b , �,� }. �.:' !�: � f Existing Church Building In 1998, the City Council approved a rezoning request by the church to rezone approximately one-half of the church property from R-2, Two-Family Units to R-3, General Multiple Units. This rezoning allowed the entire church property to be zoned consistently. In the same year, a vacation was also approved, to vacate an alley that bisects the church property. When the alley was vacated in 1998, two property owners north of church property were still using the alley. Therefore, the church requested to vacate the alley in the area that bisects their property and agreed to provide an access across their vacant lot, north of 5315 5'h Street, which allows access to those residential property owners who wanted to continue to have access to the alley. Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwelling and have a minimum lot width of 75'. The approximate size the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres) and will include the parcel with the church building and the vacant lot located north of 5315 5�h Street. Proposed Lot #2, located at 401 53�d Avenue will be 12,046 square feet, and will accommodate the existing parsonage house and garage. Proposed Lot #3 at 5315 5th Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of 5th Street. 37 , i� � .� �,.. � i� " �; � ;� �,��� ", y, �• j,:� � � ��. �8� , ( . � - � � � .....�_�. ;� � ��� .�; ;�a.�,�,,.., � ,��, N .._... , ��� Left — House located at 5315 5`h Street The petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 6'h Street. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 5th Street as part of their property in the event that they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. City staff has been in contact with Kaneb Pipeline, regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined, which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. RECOMMENDATION City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. City Staff recommends approval of this special use permit request, with stipulations. • Churches are a permitted special use in an R-3, Multi-Family zoning district. : STIPULATIONS Staff recommends that if the plat and special use permit are granted, the following stipulations be attached. 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible by construction of an approved surFace driveway and the filing of an easement for access from Lot 1, or a new driveway and garage( with direct access from 5`h Street) shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5�`' Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. 39 FRI � COUNCIL_MEE CH 28. 20 Councilmember Bolkcom stated she can support the ame Councilmember Wolfe agreed. Councilmember Bolkcom asked if any other City has Mayor Lund said he did not know. resolution. ssed this resolution. PAGE Councilmember Billings explained that the�ies of Blaine, Spring Lake Park, Coon Rapids and Fridley were given the resolution UPON A VOICE VOTE, ALL VOTING A , MAYOR LUND DECLARED THE MOTION TO APPROVE THE PROPOSED AME�DMENT CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTI� AYE, MAYOR LUND DECLARED THE MOTION TO ADOPT RESOLUTION NO. 20 5-18 AS AMENDED CARRIED UNANIMOUSLY. Councilmember Billings reques d that the staff indicate in the transmittal letter to the County Board of Commission s that the City Council is confident the County Board of Commissioners, having all th facts in front of them, will make the decision that is in the best interests of the citizen of Anoka County. Not having all the facts was the primary reason why the City Coun il amended the resolution. 13. Preliminary Plat Request, PS #05-01, by Roslyn Park Wesleyan Church to Subdivide the Property to Allow the Creation of Two Single Family Lots and a Separate Lot for the Church Property, Generally Located at 5300 Sixth Street NE (Ward 1). 14. Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church to Reduce the Rear Yard Setback from 25 Feet to 9.81 Feet in Order to Recognize an Existing Non-conformity of the Church Building, Generally Located at 5300 Sixth Street NE (Ward 1). 15. Special Use Permit Request, SP #05-01, by Roslyn Park Wesleyan Church, to Allow the Continuation of a Church Use in an R-3, General Multiple Unit Zoning District, Generally Located at 5300 Sixth Street NE (Ward 1). Ms. Jones, City� Planner, said the petitioner, Pastor Dale Christiansen, is requesting a replat of the church property. Replatting the property will allow the church to separate and create two single family lots which will be located at 401 - 53�d Avenue and 5315 Fifth Street and create a new lot for the church property. The new lot created for the church property will include 5300 Sixth Street and the vacant lot north of 5315 Fifth Street which will continue to allow access to the alley and could be used for additional parking. This request is a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and vacant lot north of 5315 Fifth Street. The new congregation is FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 7 not interested in purchasing the other two lots in that area occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 Fifth Street to be sold separately as single family lots. Ms. Jones said Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwelling and have a minimum lot width of 75 feet. The approximate size of the entire land being requested to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property (proposed Lot 1) will be 37,146 square feet (.85 acres) and will include the parcel with the church building as well as the vacant lot located north of 5315 Fifth Street. Proposed Lot #2, located at 401 53�d Avenue, will be 12,046 square feet and will accommodate the existing parsonage house and a garage. Proposed Lot #3 at 5315 Fifth Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of Fifth Street. Ms. Jones said the Planning Commission held a public hearing on March 2, 2005, for Preliminary Plat Request, PS #05-01. After a brief discussion, the Planning Commission recommended approval of PS #05-01 with the stipulations as presented. The motion carried unanimously. Ms. Jones said staff recommends approval of Preliminary Plat Request, PS #05-01, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approvaL 3. The property owner of 5300 Sixth Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 Fifth Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage (with direct access from Fifth Street) shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 Fifth Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 8 Ms. Jones further explained the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 Sixth Street. Churches are a permitted special use in the R-3 zoning district provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Jones also stated that Rostyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. The Appeals Commission reviewed this variance request at their March 9, 2005 meeting and, after a brief discussion, recommended approval of the variance. Staff recommends approval of the variance request. Ms. Jones said the Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 Fifth Street as part of their property in the event they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Jones further stated that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Jones stated City staff recommends approval of the variance request and special use permit request with stipulations. Councilmember Barnette asked if an alley runs off of 53�d Mr. Haukaas said that portion of the alley was vacated and removed. Councilmember Barnette asked if the portion of the alley that was not vacated is scheduled for blacktopping. Mr. Haukaas responded that portion of the alley is north of the property involved in this proposal so they have not had any discussions regarding the alley. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 9 Councilmember Bolkcom questioned what is meant by the stipulation that refers to reasonable seasonal maintenance. Mr. Hickok responded that stipulation is a carry-over from a prior approval to vacate the alley. The church does maintain the access to the alley by plowing it in the winter and keeping it clear. This stipulation has been discussed with the new buyer. He further explained this stipulation was left purposely broad to ensure anything that comes up is handled. The example of snow removal and sand/silt sweeping was used to illustrate why simply saying snow removal would not be adequate. He added that City staff is comfortable with the language. The current owner has done a good job of maintaining the property and the future buyer is aware of this stipulation. Councilmember Bolkcom expressed concern about the deficient parking situation on this property. She questioned what would make the parishioners park in the vacant lot rather than on the street. Mr. Hickok stated the advantage of the proof of parking requirement is that the installation of those parking spaces is at the City's discretion. They are required to have adequate parking to be self-sustaining on that site. If at any point the City determines that is not happening and they are parking on the street, the City can insist on installation. In addition, the proof of parking prevents asphalt being put down that is not going to be used. The new church moving onto this site has indicated they would be happy if they filled the 22 parking spaces already there. Pastor Dale Christianson recently moved to Spring win-win situation. stated his church has been on this site for 50 years and just Lake Park. He believes approval of the requests would be a Pastor Jim Brown, representing the buyers of the property, requested a copy of the staff's presentation and the stipulations. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve Preliminary Plat Request, PS #04-01, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seco Special Use Permit, SP #05-01, for Roslyn recommended by staff. ided by Councilmember Wolfe, to approve Park Wesleyan Church with six stipulations UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 10 MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive Bid and Award Contract for the 2005 Miscellaneous Concrete Repair Projec� No. 359. Councilmember Billing stated staff recommends BCG Construction, Inc., for this bid. He asked who the previo _s contractor was for this work. Mr. Haukaas explained Ro�Kassa Construction has had the concrete and curb repair project for several years, incl ding last year. Councilmember Billings stated he remembers correctly, Ron Kassa Construction had to do some clean-up after a di �rent contractor had been awarded the curb contract — one year. Mr. Haukaas stated that is correct. Councilmember Billings questioned wha staff knows about BCG Construction. Mr. Haukaas stated that staff investigate BCG Construction since they were the low bidder. They checked references from oth r municipalities and private firms that had used BCG. They received decent recomm dations, so staff saw no reason not to grant this contract to them as the low bidder. Councilmember Billings asked if BCG unders nds that this project will not be completed in one shot but that call-backs will be req 'red. Mr. Haukaas stated staff has discussed this with BCG d, in fact, the contract is similar to a contract they have with St. Louis Park. Councilmember Billings commented that there is only $8,00 difference between BCG's bid and Ron Kassa Construction's bid and he would have o problem awarding the contract to the higher bidder since Ron Kassa Construction has history with the City of Fridley. He wanted to make sure that staff is comfortable with B . Mr. Haukaas stated the award of this bid was delayed so staff coul take the time they needed to talk with BCG and check their references. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to receive the bids and award the contract in the amount of $67,616 to BCG Construction for the 2005 . Miscellaneous Concrete Repair Project No. 359. ' �� � a�r � � CITYOE FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 29, 2005 Dale Christiansen Roslyn Park Wesleyan Church 5300-6`h Street NE Fridley, MN 55421 Dear Mr. Christiansen: On Monday, March 28, 2005, the Fridley City Council officially approved your request for a Preliminary Plat, PS # 05-01, to subdivide the property to allow the creation of two single family lots and a separate lot for the church property, generally located at 5300-6th Street, legal description is listed below: Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Block 15, Hamilton's Addition to Mechanicsville, according to the plat on file and or record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property as provided by law. That part of the vacated alley in Block 15, Hamilton Addition to Mechanicsville, Anoka County, Minnesota, lying southerly of the westerly extension of the north line of Lot 11, said Block 15, and lying norther�y of tne westerly extension or tne soutn iine of �oi 'i 5, said �iock i 5, subjeci to an easement for utility purposes and stipulations in favor of the City of Fridley, as set forth in Resolution No. 67-1998, filed April 25, 2000 as document No. 352743. Approval of this Preliminary Plat is contingent upon the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. Action Taken Letter-PS 05-01, SP 05-01, & VAR 05-04-Roslyn Church Page 2 March 29, 2005 5. The existing garage at 5315 5th Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage( with direct access from 5th Street) shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. The Council action described above is only to approve the preliminary plat. You must have an approved final plat prior to recordinq at Anoka County. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. Also, on March 28, 2005, the Fridley City Council officially approved your request for a Special Use Permit, SP #05-01, to allow the continuation of a Church use in an R-3, Multi-Family residential zoning district, generally located at 5300-6`h Street. Approval of this Special Use Permit is contingent upon the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley sh�l! be s!.if�icier+.�y !a�e!e�+ te prsver.t ±he er±rance frem bein� �l�cked. 5. The existing garage at 5315 5th Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage( with direct access from 5th Street) shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5'h Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. Also, on Monday, March 28, 2005, the Fridley City Council officially approved your request for a Variance, VAR #05-04, to reduce the rear yard setback from 25 feet to 9.81 feet, in order to correct an existing non-conformity, which is the location of the existing Church building, generally located at 5300-6th Street. 4 � Action Taken Letter-PS 05-01, SP 05-01, & VAR 05-04-Roslyn Church Page� March 29. 2005 If you have any questions regarding the above action, please call me at 763-572-3590. Sincer ly, � � / � )�.� , ,.� i� � �� . �� � vC� ��:�-- � � S tt Hicko � Community Development Director SH/jb cc: lowa-Minnesota District of Wesleyan Church Pla± File Special Use Permit File Variance File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 15, 2005 C-05-17 � ���s� oncur with a ion taken. y/Z G� STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of: A Special Use Permit, SP #05-01 Owner: lowa-Minnesota District of the Wesleyan Church i iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii Record ID 1549600 1974629.OQ3 CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT The above entitled matter came before the City Council of the City of Fridley and was heard on the 28th day of March, 2005, on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow the continuation of a Church use in an R-3, General Multiple Unit Zoning District, generally located at 5300 - 6�h Street, legally described as: Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Block 15, Hamilton's Addition to Mechanicsville, according to the plat on file and or record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property as provided by law. That part of the vacated alley in Block 15, Hamilton Addition to Mechanicsville, Anoka County, Minnesota, lying southerly of the westerly extension of the north line of Lot 11, said Block 15, and lying northerly of the westerly extension of the south line of Lot 15, said Block 15, subject to an easement for utility purposes and stipulations in favor of the City of Fridley, as set forth in Resolution No. 67-1998, filed April 25, 2000 as document No. 352743. IT IS ORDERED that a Special Use Permit be granted as upon the following conditions or reasons: Approval with 6 stipulations. See City Council Meeting of March 28, 2005. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the ��Ist day of c-^.,�..�- , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 ,.. � �`1�.��, � � ��J-�� zl,.�: Debra A. Skogen, City Clerk `� 1�• . ' ,. � � , :�'",. =�. - . - • �. ; ;�� : ;% (SEAL) . � �� tft�i''.,� ... , U" �� r � ".l.� il. , F,RIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 6 Councilmember Bolkcom stated Councilmember Wolfe agreed. Councilmember Bolkcom asked� Mayor Lund said he did not kn e can support the amended resolution. if any other City has passed this resolution. Councilmember Billings explain�d that the cities of Blaine, Spring Lake Park, Coon Rapids and Fridley were given t e resolution. UPON A VOICE VOTE, ALL VO�fING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE THE PROPOSEd AMENDMENT CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VO ING AYE, MAYOR LUND DECLARED THE MOTION TO ADOPT RESOLUTION NO. 2 05-18 AS AMENDED CARRIED UNANIMOUSLY. Councilmember Billings requeste that the staff indicate in the transmittal letter to the County Board of Commissioners t at the City Council is confident the County Board of Commissioners, having all the fact in front of them, will make the decision that is in the best interests of the citizens of Ano a County. Not having all the facts was the primary reason why the City Council amend d the resolution. 13. Preliminary Plat Request, PS #05-01, by Roslyn Park Wesleyan Church to Subdivide the Property to Allow the Creation of Two Single Family Lots and a Separate Lot for the Church Property, Generally Located at 5300 Sixth Street NE (Ward 1). 14. Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church to Reduce the Rear Yard Setback from 25 Feet to 9.81 Feet in Order to Recognize an Existing Non-conformity of the Church Building, Generally Located at 5300 Sixth Street NE (Ward 1). 15. Special Use Permit Request, SP #05-01, by Roslyn Park Wesleyan Church, to Allow the Continuation of a Church Use in an R-3, General Multiple Unit Zoning District, Generally Located at 5300 Sixth Street NE (Ward 1). Ms. Jones, City Planner, said the petitioner, Pastor Dale Christiansen, is requesting a replat of the church property. Replatting the property will allow the church to separate and create two single family lots which will be located at 401 - 53�d Avenue and 5315 Fifth Street and create a new lot for the church property. The new lot created for the church property will include 5300 Sixth Street and the vacant lot north of 5315 Fifth Street which will continue to allow access to the alley and could be used for additional parking. This request is a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and vacant lot north of 5315 Fifth Street. The new congregation is • FRIDLEY CITY COUNCIL MEETING OF MARCH 28. 2005 PAGE 7 not interested in purchasing the other two lots in that area occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 Fifth Street to be sold separately as single family lots. Ms. Jones said Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwelling and have a minimum lot width of 75 feet. The approximate size of the entire land being requested to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property (proposed Lot 1) will be 37,146 square feet (.85 acres) and will include the parcel with the church building as well as the vacant lot located north of 5315 Fifth Street. Proposed Lot #2, located at 401 53�d Avenue, will be 12,046 square feet and will accommodate the existing parsonage house and a garage. Proposed Lot #3 at 5315 Fifth Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of Fifth Street. Ms. Jones said the Planning Commission held a public hearing on March 2, 2005, for Preliminary Plat Request, PS #05-01. After a brief discussion, the Planning Commission recommended approval of PS #05-01 with the stipulations as presented. The motion carried unanimously. Ms. Jones said staff recommends approval of Preliminary Plat Request, PS #05-01, with the following stipulations: ' 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 Sixth Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 Fifth Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage (with direct access from Fifth Street) shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 Fifth Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 8 Ms. Jones further explained the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 Sixth Street. Churches are a permitted special use in the R-3 zoning district provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Jones also stated that Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. The Appeals Commission reviewed this variance request at their March 9, 2005 meeting and, after a brief discussion, recommended approval of the variance. Staff recommends approval of the variance request. Ms. Jones said the Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 Fifth Street as part of their property in the event they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Jones further stated that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Jones stated City staff recommends approval of the variance request and special use permit request with stipulations. Councilmember Barnette asked if an alley runs off of 53ra Mr. Haukaas said that portion of the alley was vacated and removed. Councilmember Barnette asked if the portion of the alley that was not vacated is scheduled for blacktopping. Mr. Haukaas responded that portion of the alley is north of the property involved in this proposal so they have not had any discussions regarding the alley. »� F�RIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 9 Councilmember Bolkcom questioned what is meant by the stipulation that refers to reasonable seasonal maintenance. Mr. Hickok responded that stipulation is a carry-over from a prior approval to vacate the alley. The church does maintain the access to the alley by plowing it in the winter and keeping it clear. This stipulation has been discussed with the new buyer. He further explained this stipulation was left purposely broad to ensure anything that comes up is handled. The example of snow removal and sand/silt sweeping was used to illustrate why simply saying snow removal would not be adequate. He added that City staff is comfortable with the language. The current owner has done a good job of maintaining the property and the future buyer is aware of this stipulation. Councilmember Bolkcom expressed concern about the deficient parking situation on this property. She questioned what would make the parishioners park in the vacant lot rather than on the street. Mr. Hickok stated the advantage of the proof of parking requirement is that the installation of those parking spaces is at the City's discretion. They are required to have adequate parking to be self-sustaining on that site. If at any point the City determines that is not happening and they are parking on the street, the City can insist on installation. In addition, the proof of parking prevents asphalt being put down that is not going to be used. The new church moving onto this site has indicated they would be happy if they filled the 22 parking spaces already there. Pastor Dale Christianson stated his church has been on this site for 50 years and just recently moved to Spring Lake Park. He believes approval of the requests would be a win-win situation. Pastor Jim Brown, representing the buyers of the property, requested a copy of the staff's presentation and the stipulations. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve Preliminary Plat Request, PS #04-01, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve Special Use Permit, SP #05-01, for Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. .r FRIDLEY GTY COUNCIL MEETING OF MARCH 28. 2005 PAGE 1.0 . MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receiv�Bids and Award Contract for the 2005 Miscellaneous Concrete Repair oject No. 359. Councilmember B lings stated staff recommends BCG Construction, Inc., for this bid. He asked who the evious contractor was for this work. Mr. Haukaas explaine Ron Kassa Construction has had the concrete and curb repair project for several year including last year. Councilmember Billings s� to do some clean-up afte — one year. Mr. Haukaas stated that is ted if he remembers correctly, Ron Kassa Construction had a different contractor had been awarded the curb contract Councilmember Billings question d what staff knows about BCG Construction. Mr. Haukaas stated that staff inve igated BCG Construction since they were the low bidder. They checked references fr other municipalities and private firms that had used BCG. They received decent r ommendations, so staff saw no reason not to grant this contract to them as the low bi er. Councilmember Billings asked if BCG �anderstands that this project will not be completed in one shot but that call-backs wi1'I�be required. Mr. Haukaas stated staff has discussed this wi�BCG and, in fact, the contract is similar to a contract they have with St. Louis Park. Councilmember Billings commented that there is o $8,000 difference between BCG's bid and Ron Kassa Construction's bid and he wo d have no problem awarding the contract to the higher bidder since Ron Kassa Constru tion has a history with the City of Fridley. He wanted to make sure that staff is comfortab with BCG. Mr. Haukaas stated the award of this bid was delayed so s'�aff could take the time they needed to talk with BCG and check their references. \ MOTION by Councilmember Billings, seconded by Councilmemb r Wolfe, to receive the bids and award the contract in the amount of $67,616 to BCG Co truction for the 2005 Miscellaneous Concrete Repair Project No. 359. 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