COMM DEV 07.87MEW
DEPARTMENT
FMDLEY, MEMORANDUM
FEND TA: Virgil Herrick, City Attorney
MEND FROM: Jock Robertson, Community Development Director
MEND DAM: July 20, 1987
RMARDIIG : Proposed Re -Use of th "Energy, Shed" �� ��
I have received an inguiry from Jerry Messler of Towle Realty oonoerning the
allowed re -use of the subject property which is located in the Hyde Park S-1,
Special District zone. A review of past actions in this zone indicates that
non-residential uses have been approved by the City Council through the
special use permit process.
However, this building has been vacant for over one year, bringing up the
question of non -conforming status. The statement of purpose in the S-1 zone
is clearly to re-establish and promote the residential character of the
neighborhood and encourage residential investment and development. The only
uses permitted are one family dwellings. While the S-1 section of the Code
addressed contingencies for damage to legal non -conforming uses, it is silent
on the question of abandonment.
Therefore, it would appear that the general provisions of the zoning Code
which are contained in section 205.04.03 concerning nonconforming uses and
structures would apply. Part E of this section states that "whenever a
lawful, nonconforming use of a structure or land is abandoned for a period
of twelve months, and future use of said structure or land shall be in
conformity with the provisions of this chapter."
The realtor, Mr. Messler, is currently attempting to sell the building for
this client, the owner. He has three potential buyers:
I. Contract carpet sales and installation.
2. A garage specializ ing- in Corvette repair.
3. A welding shop.
Mr. Messler says that the owner does not consider single family residential
would be an economical re -use of the property, although Mr. Messler feels
that it would be possible to convert it to a duplex. Currently the County
carries the assessed value of the property at $11,536. The 1987 estimated
market value by the City is $25,800 for the land and $15,400 for the
improvements totaling $41,200.
Obviously the question is "in a strict application of the non -conforming
section of the zoning Code, would the owner have a reasonable economic use of
the land?". There is apparently a history of strong interest by residents in
this area for continuing and strengthening the residential character of this
neighborhood and this apparently motivated the Council to adopt this special
zoning district. I believe it would be wise for us to advise the
caner/seller of our policy position before his agent has found an interested
buyer. Please advise me at your earliest convenience. Thank you.
JLR/dm
M-87-154
205.21.4.
205.20 &-1 SPECIAL DISTRICTS S-1
SPECIAL
DISTRICTS
1. nma INTERNI
A special district is a zoning district that is designated on the
zoning map, created through specific regulation changes necessary to
protect the health and general welfare of the public within the
designated district. A special district, when designated, shall be
classified by numerical order as it is established.
2. PROCEDURE FOR ESTABLISfIIMM OF A SPECIAL DISTRICT PROCURE
The procedure for the establishment of a special district shall FOR
follow the amendment procedure as laid out in Section 205.05.3 of ESTABLISHMENT
this Chapter, and shall clearly lay out the purpose for the
amendment and the district boundaries.
205.21 S-1 HYDE PARR NEIL DISTRICT RBGULATIMS S-1 HYDE
PARR DISTRICT
1. TM.E RSGULATIONS
This Section shall be referred to as the "Hyde Park Neighborhood
District" in short form.
`12. PURPOSE PURPOSE
The purpose of this special zoning district is to:
A. Change the present "legal, nonconforming use" status of the
residential dwellings in the neighborhood to a "conforming use"
status.
B. Re-establish the residential character of the neighborhood.
C. Protect the property rights of all present landowners as
much as possible, while promoting the residential development of
the nainhhorhood.
D. Establish a zoning mechanism for the neighborhood that will
encourage residential investment and development in Hyde Park.
3. DISTRICT BOUNDARIES
The Hyde Park Neighborhood shall be omprised of Lots 16-301 Block
5; all of Blocks 6, 7, 8, 9, 10 and 11; Lots 16-30, Block 12; Lots
16-30, Block 21; all of Blocks 22, 23, 24, 25, 26 and 27; Lots
6-10, Block 28, all of Hyde Park Addition; Lots 1-131, Block 2;
Lots 3-4, Block 8, and all of Block 1, City View Addition in the
City of Fridley.
A. Principal Uses.
The following are principal uses in the S-1 District:
i�XAWOIIAZAI
2u�:�ct-Z
205.214.
Ore -family dwellings. Srl District
B. Accessory Uses.
(1) Only one (1) accessory building in excess of 240 square
feet is allowed per site. One (1) additional accessory
building is allowed provided it does not exceed 240 square
feet.
in excess of the above
requirements (square
2) uireyefootage or number of buildings)
requires a Special Use Permit.
(3) All accessory buildings must be permanently attached to
a foundation and may not be used for home occupations.
(4) All garages whether attached to, tucked under or
detached from the main dwelling are considered to be an
accessory building.
(5) The following are accessory uses in the S-1 District:
(a) Private garages or other accessory buildings.
(b) Privately owned recreational facilities, such as
swimming pools, tennis courts, which are for the
enjoyment and convenience of the residents of the
principal use and their guests.
(c) Home occupations including rental of rooms for
occupancy to not more than two (2) persons per dwelling
unit. J�l�
Existing
G sting Uses. -
(1) All existing uses will be classified as permitted uses
within the zoning district on the present property which
they occupy.
(2) For existing uses other than one (1) family dwellings,
in the event that the main structure is either damaged or
destroyed, the existing use will be allowed to rebuild but
shall not exceed the size or setbacks of the existing
structures. Alterations may be made when they improve the
structure, provided they will not increase the number of
dwelling units, the bulk of the building, or enlarge the
use.
(3) Existing one (1) family dwellings that do not conform
to the conditions of this Chapter will be allowed to
continue as a permitted use. In the event that the main
structure is either damaged or destroyed, the existing use
will be allowed to rebuild to the setbacks of the existing
building or to the allowed setbacks of the district.
Alterations and additions will be allowed when they improve
the structure, provided they meet the required setbacks as
stated in this Chapter.
D. Uses Excluded.
Zhe following are excluded uses in the S-1 District:
205.51-2
205.21.5
S-1 District
(1) Radio or television antennas exceeding a height of
twenty (20) feet above the dwelling roof.
(2) Any use not specifically permitted in the preceeding
paragraphs of this Section.
5. IAT RFQUUM*2nS AND SETBACKS IAT
REQUIREMENTS
A. Lot Area. AND SETBACKS
A lot area of not less than 7,500 square feet is required.
B. Lot width.
(1) The width of a lot shall not be less than sixty (60)
feet at the required setback. ODrner lots shall not be less
than sixty-five (65) feet at the required setback.
(2) Where a parcel of land is less than sixty (60) feet in
width, but not less than fifty (50) feet in width the side
yard requirements can be reduced to a five (5) foot minimum
on each silo subject to the following conditions:
(a) The distance between any attached garage or other
accessory buildings is at least ten (10) feet.
(b) The distance between any building and the living
area in an adjacent building is at least f if teen (15 )
feet.
(c) The distance between the living areas in any two
(2) adjacent buildings is at least twenty (20) feet.
C. Lot Coverage:
Not more than twenty-five percent (25%) of the area of a lot
shall be covered by the main building and all accessory
buildings.
D. Setbacks:
(1) Front Yard:
A front yard with a depth of not less than thirty-five (35)
feet is required.
(2) Side Yard:
Two (2) side yards are required, each with a width of not
less than ten (10) feet, except as follows:
(a) Where a house is built without an attached garage,
a minimum side yard requirement shall be ten (10) feet
on one side, and thirteen (13) feet on the other side,
so that there is access to the rear yard for a detached
garage and off-street parking area.
(b) Where a house is built with an attached garage,
the side yard adjoining the attached garage or
accessory building may be reduced to not less than five
(5) feet, provided the height of the garage or
accessory building on that side is not more than
fifteen (15) feet.
205.51-3
(3) Corner Lots:
(a) The side yard width on a strep t side of a corner
lot shall be not less than seventeen and one-half
(17.5) feet. When the lot to the rear has frontage
along a side street, no accessory building on the
corner lot within twenty-five (25) feet of the common
property line shall be closer to said side street than
thirty (30) feet; provided however, that this
regulation shall not be interpreted as to reduce the
buildable width of a corner lot to less than
twenty-five (25) feet.
(b) Any attached or unattached accessory building
which opens on the side street, shall be at least
twenty-five (25) feet from the property line on a side
street. _
(4) Rear Yard:
A rear yard with a depth of not less than twenty-five percent
(25%) of the lot depth is required, with not less than
twenty-five (25) feet permitted or more than forty (40) feet
required from the main building.
r r r • �• r• � �� r.
A. Height.
No building shall hereafter be erected, constructed,
reconstructed, altered, enlarged or moved, so as to exceed the
building height limit of thirty (30) feet.
B. Minimum Floor Area.
A one -family dwelling unit shall have a minimum first floor area
of 768 square feet of living space.
7. PEMRMNCE STANDkRDS :
A. Parking Requirements.
(1) At least one (1) off-street parking stall shall be
provided for each dwelling unit.
(2) No parking stall shall be located in any portion of the
front yard, except on a driveway or hardsurf aced parking
space, approved by the City, and set back a minimum of three
(3) feet from the side property line, except as agreed to in
writing by adjacent property owners and filed with the City.
(3) A garage shall satisfy the off-street parking stall
req uirem, ent.
(4) All driveways and parking stalls shall be surfaced with .
blacktop, concrete or other hard surface material approved
by the City.
B. Exterior Storage.
(1) Nothing shall be stored in the required front yard.
205.31.7
S-1 District
i• r r
IV 2 $1111 Z4 r IM
205.9.-4
(2) All materials shall be kept in a building or shall be
fully screened, so as not to be visible from any public
right-of-way except for stacked firewood, boats and trailers
placed in the side yard.
(3) The City shall require a Special Use Permit for any
open exterior storage of materials except for B above.
C. Ref use.
All waste materials, refuse or garbage shall be contained in
closed containers as required under the Chapter entitled "Waste
Disposal" of the Fridley City Code.
D. Drainage And Grade Requirements.
A finished ground grade shall be established such that natural
drainage away from all buildings is provided. The following
minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be
less than one fourth (1/4) inch rise per horizontal foot of
setback measured from curb grade.
(2) The City may specify a minimum finished ground grade
for any structures in order to allow proper drainage and
connection to City utilities.
E. Landscaping.
The following shall be minimun criteria for landscaping:
(1) Sodding and landscaping shall extend across the entire
front yard and side yards including the boulevard.
(2) All other open areas of any site, except for areas used
for parking, driveways or storage, shall be sodded, seeded
or have vegetative cover.
(3) All uses shall provide water facilities to yard areas
for maintenance of landscaping.
(4) It shall be the owner's responsibility to see that all
required landscaping is maintained in an attractive, well
kept condition.
(5) All vacant lots, tracts or parcels shall be properly
maintained in an orderly manner free of litter and junk.
F. Maintenance.
It shall be the responsibility of the property owner to ensure
that:
(1) Every exterior wall, foundation and roof of any
building or structure shall be reasonably watertight,
weathertight, and rodentproof and shall be kept in a good
state of maintenance and repair. Exterior walls shall be
maintained free from extensive dilapidation due to cracks,
tears or breaks of deteriorated plaster, stucco, brick, wood
or other material that gives evidence of long neglect.
J
205.21.7
S-1 District
205.91-5
(2) The protective surface on exterior walls of a building
shall be maintained in good repair and provide a sufficient
covering and protection of the structural surface against
its deterioration. Without limiting the generality of this
Section, a protective surface of a building shall be deemed
to be out of repair if :
(a) More than twenty-five percent (25%) of the area of
any plane or wall on which the protective surface is '
paint is blistered, cracked, flaked, scaled or chalked
away, or
(b) More than twenty-five percent (25%) of the
pointing of any brick or stone wall is loose or has
fallen out.
(3) Every yard and all structures, walls, fences, walks,
steps, driveways, landscaping and other exterior
developments shall be maintained in an attractive, well kept
condition.
(4) The boulevard area of a premises shall be properly
maintained, groomed and cared for by the abutting property
owner.
G. Essential Services.
(1) Connection is required on each lot served by, City
sanitary sewer.
(2) Connection is required on each lot served by a City
water line.
205.21.7,
&-1 District
205. S1-£
205.22 S-2 RED VIIAPH= DISTRICT RE�JI.AT�'LS
1, PURPOSE
7he purpose of this special zoning district is to:
A. Allow for a mixed use development within special
redevelopment districts set up under Chapter 462 of Minnesota
State Statutes for the health, safety and general welfare of the
City.
B. Allow for the maximum flexibility in the promotion of
difficult redevelopment projects.
C. Allow for development by a plan which is acceptable to, and
in the best interest of, the City and the overall district and
development plan.
2. USES PERMITTED
Permitted uses in S-2 Districts are:
Those uses which are acceptable to the overall redevelopment plan
and specific development plans as approved by the City. Upon
approval of the specific development plans, the City shall determine
the specific uses that are permitted within the development.
a. • a. a• . a . • �a�
Uses allowed in each individual building after construction will be
the same as or similar to those uses approved in Section 205.22.2.
above.
Those uses unacceptable to the overall redevelopment plan and
specific development plans, as determined by the City• are excluded
uses in S-2 Districts.
5. PROCESS FOR APPROV&
A. Plans for each individual project or combination of projects
must be submitted to the Planning Commission for review and
recommendation to the City Council. The City Council shall have
final authority to approve all project plans.
B. Project plans submitted to the Planning Commission and City
Council shall include the following minimum criteria:
s (1) Site plans showing the location of buildings,
off-street parking, street and utility locations, auto and
pedestrian access to and from the project, any modification
to existing services, grading plans, storm water plans,
building exterior finish, lighting and signing and landscape
plans.
(2) Written City staff review on project compatibility to
205.22.5.
•DID a••�a
USES
PERMITTED
205.52-1
4
205.22.6.
Sr2 District
the overall redevelopment plan.
(3) A written Housing and Redevelopment Authority (BRA) ,
report on project plan approval and considerations.
C. Any substantial modif icat.ion to the plan must be submitted
through the Planning Commission and approved by the City
Council.
6. PERFORMANCE STANDAR PERFORMANCE
All performance standards for uses in this district shall be STANDARDS
comparable to other similar uses that are allowed in other
districts.
205.52-2
requirements for the promotion of the public health, safety. 205.04.03.
convenience and general welfare of the residents of the City.
B. Where the conditions imposed by any provision of this
Chapter are either more restrictive or less restrictive than
comparable conditions imposed by any law, ordinance, statute,
resolution or regulation of any kind, the regulations which are
more restrictive or which impose higher standards or
requirements shall prevail.
C. No structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used
for any purpose or in ary harmer which is not in conformity with
the provisions of this Chapter.
2. SEVERABILITY SEVERABILITY
It is hereby declared to be the intention of the City that the
provisions of this Chapter are severable in accordance with the
following:
A. If any court of competent jurisdiction shall adjudge any
provision of this Chapter to be invalid, such judgment shall not
affect any other provisions of this Chapter not specifically
included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this Chapter to a particular
property, building or other structure, such judgment shall not
affect the application of said provision to any other property,
building or structure not specifically included in said
judgment.
3. NDNCONElOR 41M USES AND STFdJCIURES NOTKDNFDRMIIG
a A. Any structure or use lawfully existing upon the effective USES AND
date of this Chapter may be continued after such date except as SMCTUM
hereinafter specified or as allowed under special district
requirements.
R. AL -thing in this Charter shall prevent the upgrading of a
nonconforming structure to a safe condition when said structure
is declared unsafe by the City, provided the necessary repairs
shall not constitute more than fifty percent (50%) of the fair
market value of such structure.
C. 1M erever the nonconforming use of a structure is changed to
a use permitted in a more restricted district, such use shall
not thereafter be changed to a use permitted in a less
restricted district.
D. Whenever a lawful nonconforming structure is damaged by
fire, flood, explosion, earthquake, tornado, riot, or act of
God, it may be reconstructed and used as before if it is
reconstructed within twelve (12) months after such calamity,
except if the damage to the building or structure is fifty
percent (50%) or more of its fair market value, as determined by
the City, in which case the reconstruction shall be for a use in
accordance with the provisions of this Chapter.
205-11
E. whenever a lawful nonconforming use of a structure or land 205.04.04.
is abandoned for a period of twelve (12) months, any future use
of said structure or land shall be in conformity with the
provisions of this Chapter.
F. Any nonconforming use shall not be moved to another part of
the parcel of land upon which the same was conducted at the time
of the adoption of this Chapter.
G. Any structure which will under this Chapter become
nonconforming but for which a building permit has been lawfully
granted prior to the effective date of this Chapter or of
amendments thereto, may be completed in accordance with the
approved plans: provided construction is started within six (6)
months of the effective date of this Chapter or amendments
thereof and continues to completion within two (2) years. Such
structure shall thereafter be a legal nonconforming structure.
H. Normal maintenance of a building or other structure
containing or related to a lawful nonconforming use is
permitted, including necessary nonstructural repairs and
incidental alterations which do not extend or intensify the
nonconforming use.
I. Alterations may be made to a building containing lawful
nonconforming residential units when they will improve the
livability thereof, provided they will not increase the number
of dwelling units or size of the building.
J. The provisions herein for the continuance of nonconforming
uses shall not prevent or interfere with action that may be
taken to abate any nuisance in any mariner provided by lady.
K. Any structure or any portion of a structure which is situated
unlawfully within a public street or alley or other public way
or thoroughfare, is hereby declared to be a nonconforming use,
' whether or not its use is otherwise in conformity with the
regulations of the district in which said structure is located.
Any such structure shall be subject to any and all applicable
regulations herein for nonconforming uses except in the event
the City Council shall require removal of the structure or
portion thereof for a public purpose in which case such
requirem:ent shall prevail.
L. The provisions of this Chapter shall pertain to all lawful
nonconforming uses or structures as applicable and specifically
to the performance standards outlined in the established
districts.
4. BUMDANG SITE BUMDING
A. No lot shall be so reduced or diminished, nor shall any
SITE
structure be so enlarged or moved, as to reduce or diminish the
yards, lot area or open space required in the district in which
it is located. No yard or other open space required for any
building shall be considered as providing a yard or open space
for any other building, and no yard or open space on an
adjoining lot or parcel of property shall be considered as 16
205-12