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SP 88-09C PLANNIM CDMMISS IDN MEE IM, JULY 27, 1988 UPON A VOICE VOTE, ALL VOTINS AYE, CHAIRPE MN BEIZQLD DECLARED THE NDTIDN CARRIED UNANIMUSLY. Mr. Betzold stated this item would go to City Council on August 8. 2. PUBLIC HEARING: CANSIDERATION OF A SPECIAL USE PERMIT, SP #88-09, BY ORMDOX CHURCH OF THE RE`SURREcrIDN OF a -m=: Per Section 205.05.04 of the Fridley City Code to allow a church, parsonage, bell tower and religious book store in an S-1, Hyde Park Neighborhood, zoning district on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N. E. MCTIDN by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the fonral public hearing notice and to cpen the public hearing. UPON A VOICE VOTE, ALL VOTIM AYE, GIAIRPERSON BEIIZOLD DECLARED THE NDTION CARRIED UNANDDUSLY AND THE PfBLIC HFAFMG OPEN AT 9:57 P.M. Ms. Castle stated this property was located on 3rd Street, south of 60th Avenue and north of 59th Avenue. It was located in an S-1, Special District or Hyde Park District. Churches in S-1 districts were regulated by CR -1, general office district regulations. She stated the building was currently existng and was the fonner Energy Shed. M. Castle sated the petitioner was proposing to expand the building by adding an entryway on the west side of the building and an apse on the east side of the building. The proposed parking lot does encroach about 5 feet onto city property, Lot 29. This has been covered by a variance. One of the stipulations staff was recommending was that the petitioner lease this portion of the property fraL the city. Ms. Castle reviewed the floor plan. Mr. Vladimir Cbavhovskoy, the architect for the project, stated there was approximately 2, 000 sq. ft. of building area. One-half of that would be for sanctuary, and one-half would be for adjoining uses --book store, parsonage, arra bathroom facilities. M. Castle stated the building would be concrete block and stucco. She stated the petitioner has applied for several variances. Those consist of building variances and hard surface setback variances. The Appeals Ca mission approved all the variances except the variance allowing the bell tower in the front yard. The City Code does not allow accessory uses in the front yard, only in the rear and side yard. The Appeals Commission did discuss the use of the University Avenue slip -off. Right now, it is on Lot 29 and 20 which is owned by the City. Mr. Barra stated two neighbors in attendance at the Appeals Commission meeting on July 19 agreed that the sl ip-of f should be closed. No one in attendance at the meeting had any cbj ection to the use of the building for a church. -15- 3T PLANNnU CDMISSM MEEr=, JULY 27, 1988 Mr. Robertson stated apparently the slip -off has a long history that goes back to the time when there were quite a few businesses on 3rd Street. At the time of the widening of University Avenue, that was a compromise to retain access to those businesses on 3rd Street. Subsequently, there has been a change in city policy to retain Hyde Park as a residential district. Mang of those businesses have been replaced by residences so the need for the sliFroff has been reduced. Also, it should be pointed out that the City plans the major renovation and upgrading of University Avenue in this section. This is the urban demonstration corridor that will take place next spring, -so if the City were to abandon the slip -off, the timing would be appropriate to make a recommendation to the City Council now so that could be acoamplished next spring. Ms. Castle stated staff was recommending approval with the following stipulations: 1. Parking situation to be reviewed in two years to determine adequacy of existing lot. 2. The church bell shall be only rung at the beginning of each mass on - Sunday. 3. Reuse of this building by a different church is required to apply for a special use permit. 4. A portion of Lot 29, approximately 1, 604 square feet is being leased frau the City at $1.00. 5. Landscaping to be installed as per plan by July 1, 1989. 6. A performance bowl or letter of credit for 3% of the construction value be given to the City prior to issuance of the building permit. 7. Install six inch concrete curbing around the entire perimeter of the - parking lot including drivehmy opening by November 1, 1988. 8. Parking lot to be sealcoated and striped (eight spaces) by November 1, 1988. 9. Posts are to be removed upon installation of landscaping (July 1, 1989). 10. Petitioner to maintain site immediately by cutting grass and elimineting weeds. Father John Magraam stated that regarding stipulation 4l, he was wondering if there was any connection between the two year review and the amount of time they would be given to lease Lot 29 for the parking. Ms. Sherek stated that was a pertinent question, because if the sl ip-of f is closed, the City will have to vacate the property and Lots 29 and 30 are going to became available for purchase. If they are not purchased by Father John's church, then someone else could purchase them and build a single -16- 3U f (" PLAMUG CDMMSIDN MEErIlW3, JULY 27, 1988 family hame there. So, Father John would have to consider that if that slip -off frrxn University Avenue was closed, in order to retain the parking on Lot 29, his church might have to purchase either Lot 29 or both Lots 29 arra 30 from the City. Father John stated that in the event they would not be able to reach an agreement with the City to either lease or purchase property for parking, then they would be against having the slip -off closed. Father John stated that regarding stipulation #2, he would suggest the wording be changed that the church bells be rung only for services and special occasions. They do have more than one service on a Sunday, and they do have services sometimes on a Saturday, perhaps twice a month. Father John stated that regarding stipulation #4, he was asking the City to consider a 10 year lease for parking. The previous petitioner was given 3 years. Mr. Betzold stated the Commission could certainly recommend that amount of time to the City Council, and then that could be negotiated with the City Council. Father John stated that he questioned Nov. 1, 1989, in stipulation #8 for the deadline for the sealcoating and striping for the parking lot. They will be closing on the property in September, and that might not give them enough time. Could that deadline be extended? Mr. Betzold stated that if the petitioner had problems meeting that deadline, he could request that the City Council extend the deadline. Mr. Dahlberg asked what the function of the parsonage would be. Father John stated it would be living quarters for either himself or a sister. They currently have a priest's residence in Fridley, so this would be additional living quarters. Mr. Chahovskay stated that approximately one-fourth of the building (approx. 250 sq. ft.) would be the parsonage area. MTIDN by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTim AYE, CHAIRPERSON BEIZOLD DECLARED THE PUBLIC HFARIM CLOSED AT 10:47 P.M. Mr. Barra stated he wanted to again point out that the neighbors at the Appeals Commission meeting seemed quite happy with the proposal and were not opposed to the church. Mr. Saba stated he -had no problems with the proposal. It seemed like a good plan for the use of a currently unused facility. He would be in favor of recoRmending approval of the special use permit. -17- 3V 3W PLANNIM CDWISSIDN MEEMU, JULY 27, 1988 Mr. Dahlberg stated he had one major concern about the project as proposed with respect to the building functioning also as a place of residence for a priest or a sister. He thought it was lacking from the standpoint of what they might classify as a miniiman requirement for housing of an individual. City ordinance indicates that the smallest allowable square footage for a residence in a multiple dwelling district (the least restrictive) was 425 sq. ft. In an R-1 district, that would be 768 sq. ft. He personally felt that portion of the building that was going to be -util iz ed f or a residence should be separated from the rest of the use of the building and should meet the minimum standards (425 sq. ft., or any other size the Planning Cmmission or City Council deemed appropriate). Just frrm the standpoint of the organization and the layout of the project, he did not feel comfortable that it meets minimum standards or mininuxn requirements. Mr. Robertson stated he could ask for a determination fmn Darrel Claris, the Chief Building Official. There is a kitchen area and a bathrocm area adjacent to the sleeping room. When a facility is provided in a large building for a watchperson, -for example, he did not know how that determination was nude. Mr. Barra stated Mr. Clark did not seem to have a problem with this, and he did not either, from the standpoint that the entire 2, 000 sq. ft. was the residence and more than meets the R-1 code. Mr. Dahlberg stated he did not think the issue was that this was a residence. This is not a residence. They are approving a change in use for this building to a church. They are not saying this is a residence that can be used as a church. If they are going have multiple uses within a given structure, then there should be a definite separation between those uses. Mr. RIcbertson stated that was an interpretation of the Building Code that would have to be made, and he would bring this question to Darrel Clark, Chief Building Official and staff representative to the Appeals Commission. M. Sherek stated there needed to be an opinion before this goes to City Council. Mr. Dahlberg stated there must be a determination and an cpinon rendered by staff relative to the building code as well as the city ordinmce. MTIDN by Mr. Dahlberg, seconded by Ms. Sherek, to recommend to City Council approval of special use permit, SP #88-09, by the Orthodox Church of the Resurrection of Christ, per Section 205.05.04 of the Fridley City Code to allow a church, parsonage, bell tower, and religious book store in an S-1, Hyde Park Neighborhood, zoning district on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Streete N. E. , with the following stipulations: 1. Parking situation to be reviewed in two years to determine adequacy of existing lot. 2. The church bells shall be rung only for services. 3. Reuse of this building by a different church is required to apply for a -18- a �°- - 3X PL,A nG COMMISSIDN MKETIW, JULY 27, 1988 special use permit. 4. A portion of Lot 29, approximately 1,604 square feet, is being leased from the City at $1.00 per year as long as the special use permit is in effect. 5. Landscaping to be installed as per plan by July 1, 1989. 6. A performance bond or letter of credit for 3% of the construction value be given to the City prior to issuance of the building permit. 7. Install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by November 1, 1988. 8. Parking lot to be sealcoated and striped (eight spaces) by November 1, - 1988. 9. Posts are to be removed upon installation of landscaping (July 1, 1989). 10. Petitioner to maintain site immediately, upon the closing on the property, by cutting grass and eliminating weeds. 11. If this facility ' is to be used also as a residence, it should meet the appropriate minimum codes, ordinances, and standards. UEON A VOICE VOTE, ALL VOTI�G AYE, CHAIRPEIMN BEIZQLD DECLARED THE MOTION CARRIED UNANDOUSLY. MO'T'ION by Mr. Barra, seconded by Ms. Sherek, to recommend that the City Council look -into the possibility of closing the slip -oft at University Avenue/3rd Street between 59th and 60th Avenues. UPON A VOICE VOTE, ALL VOTIM AYE, CHAIRPERSON BEIZQLD DECLARED THE MOTION CARRIED UNANDDUSLY. 3. RECEIVE THE HUMAN RESOURCES CDMMISSIDN WORKPLAN FUR 1988-89: MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the 1988-1989 Human Resources Commission Workplan and mend approval to the City C7ouncil. UFON A VOICE VOTE, ALL VOTIlW_7 AYE, CHAIRPEFMN BEILQLD DECLARED THE MOTION CARRIED UNANIMUSLY. 4. RECEIVE MAY 17, 1988, JO INT' EW IlmNM=AL Q UAL ITY/ENEIVY CDNIKISS IDN NX93TES : MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive the May 17, 1988, Joint Environmental Quality/Energy" Cc n<mission minutes. UEON A VOICE VOTE, ALL VOTItG AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION CARRIED UNANDDUSLY. 5. RECEIVE JUNE 2, 19 88 , HUMAN FE9DURCES COMMISSION IDN MINUTES: MDTIDN by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 2, 1988, Human Resources Ccmdssion minutes. - -19-