SP 88-12FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 7
their approval.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 14, 1988:
A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-12, TO
ALLOW AN AIR CONDITIONING. HEATING AND ELECTRICAL
CONTRACTOR OFFICE 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.. BY DONALD DICKISON:
Mr. Robertson, Community Development Director,'stated this is a
request for a special use permit to allow an air conditioning,
heating and electrical contracting office in an S-1 zone in the
Hyde Park neighborhood. He stated special use permits were
previously granted for different commercial uses for this property
despite the fact that the uses did not comply with the intent of
the Hyde Park special zoning area. Mr. Robertson stated staff is,
therefore, recommending denial of this special use permit based on
the code which states that whenever a lawful non -conforming use of
a structure is abandoned for a period of 12 months, any future use
of said structure or land shall be in conformity with the
provisions of the zoning code.
Mr. Robertson stated the Planning Commission has recommended
approval of the special use permit with the provision the permit
is for this business only and, if the property is sold, the special
use permit will expire. He stated in conjunction with the special
use permit, several variances were requested which the Appeals
Commission reviewed. He stated the Appeals Commission recommended
approval of the variances, with one exception.
Mr. Robertson stated the Planning Commission recommended to Council
that either rezoning or modifying the S-1 zone in the Hyde Park
neighborhood be considered to permit a wider range of special use
permits than are allowed in the R-1 zoning district. He stated the
S-1 zone is more restrictive than an R-1 zone and it does not allow
non-residential uses with a special use permit.
Councilman Schneider stated, as he recalls, the intent was if
property in the S-1 zone was destroyed, it would lose its non-
conforming status and revert to R-1. _
Councilman Fitzpatrick stated the purpose of adopting this S-1 zone
was to ultimately work towards R-1 zoning in this area.
Mr. Qureshi, City Manager, stated the intent was to convert this
area to residential. He stated if, however, the use of the
Og33 "
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 8
property remained the same, it would retain the non -conforming
status. He stated if this lawful non -conforming use of a structure
was abandoned for a period of 12 months, any future use shall be
in conformity with the provisions of the Zoning Code.
Councilman Billings stated this building is vacant and is an
eyesore in the community. He felt even though it was vacant for
a year or more, it probably would never revert to a residential
use.
Mr. Qureshi stated single family zoning does allow for other uses
besides homes, such as churches and senior housing.
Councilman Billings stated last year the Council did approve a
special use permit for a photocopy business which never
materialized. He stated the Planning Commission also recommended
approval of a special use permit for a church on this property
which would have been an acceptable use. He stated the owner
withdrew this request before the item was submitted to Council.
Councilman Billings stated the proposed purchaser of this property,
Mr. Dickison, was present this evening to answer any questions by
the Council.
Mr. Dickison stated when he first approached the owner to purchase
this property, he was told it had been sold, but that the deal had
not proceeded, therefore, he applied for the special use permit and
variances.
Mr. John Magraam stated they had petitioned to use this building
as a church when the owner told him it was sold to somone else.
He stated this was a complete surprise to them.
Councilman Billings asked Mr. Dickison if he would agree to the
stipulation that if he sold the property, the prospective purchaser
would need to apply for a special use permit which may or may not
be granted. He pointed out to Mr. Dickison that his prospects of
selling may be severely limited with this restriction.
Mr. Dickison asked if a future owner wished to conduct the same
type of heating and air conditioning business if another special
use permit would be needed.
Mr. Herrick, City Attorney, stated he felt comfortable if the
special use permit is issued for the use, and not this particular
owner. He.stated the other question is if a special use permit is
permissible in this zoning district. He stated, frankly, he did
not research this question, but believed someone from his office
indicated it was permissible. He pointed out that this was
previously a commercial use and there are other commercial uses in
the area.
0134
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 9
Councilman Billings felt the question that needs to be addressed
is if the Council wishes this property to become residential. He
stated there was no opposition from neighboring residents when this
special use permit was considered by the Planning Commission.
Mr. Herrick stated probably the question on the ultimate use of
this property needs to be addressed by the Council.
Councilman Fitzpatrick stated he has advised other property owners
who wished to have a multiple use of their property that this would
not be permitted.
Mr. Herrick stated there is a difference in the use of an existing
building as opposed to new construction.
Mr. Dickison stated he would make substantial improvements to the
property over the next several years. He stated he plans to close
on this property next week, however, if no action is taken on the
special use permit, he would not consider purchasing this property.
Mayor Nee stated he was not sure a single family home would be the
best use of this property and didn't especially feel a commercial
use was wrong. He felt the question is really what is the best use
of the land.
Mr. Herrick stated the market value for a single family home on
this property would be very low.
MOTION by Councilman Billings to grant special use permit, SP #88-
12, with the following stipulations: (1) petitioner agrees that
any future re -use of the building is subject to finding, through
the special use permit process, that the re -use would be compatible
with the surrounding neighborhood; (2) a portion of Lot 29,
approximately 1,604 square feet will be leased from the City for
$1.00 per year as long as the business is in operation at this
site; (3) landscaping to be installed -as -per plan by September 1,
1989; (4) a performance bond or letter of credit for 3 percent of
the construction value be given to the City prior to issuance of
the building permit; (5) parking demand shall not exceed nine
spaces unless additional spaces are provided; (6) install six inch
concrete curbing around the entire perimeter of the parking lot
including driveway opening by September 1, 1989; (7) parking lot
to be sealcoated and striped with nine spaces by September 1, 1989;
(8) bollards are to be removed upon installation of landscaping;
and (9) petitioner to maintain site immediately by cutting grass
and eliminating weeds. Seconded by Councilwoman Jorgenson.
Councilman Schneider stated if the building had been destroyed, he
felt the S-1 zoning is very specific and it could not have been
rebuilt. He stated he does agree it is an eyesore.
Councilwoman Jorgenson stated under the S-1 zone, the property
would have reverted to R-1, if the structure had been destroyed.
Lar -135
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 10
She stated she is in favor of this business on the property, but
did not like to rezone for one parcel.
Councilman Billings stated he would agree that by granting the
special use permit, the strictest interpretation is not being
applied.
Mayor Nee stated there have been proposals for various uses for
this property, therefore, the property has not really been
abandoned.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
B. RESOLUTION NO. 83-1988 APPROVING—A SUBDIVISION IAT
SPLIT, L.S. #88-04 TO SPLIT A FOUR FOOT TRIANGLE OFF THE
SOUTHEASTERLY CORNER OF LOT 2 BLOCK 2 MARIAN HILLS
SECOND ADDITION TO BE COMBINED WITH THE PROPERTY TO THE
EAST, LOT 1. BLOCK 2 MARIAN HILLS SECOND ADDITION ALL
TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1966
GENERALLY LOCATED AT 1350 52ND AVENUE AND 1340 52ND
AVENUE, BY STANLEY AND PHYLLIS PROKOPOWICZJ:
MOTION by Councilman Billings to adopt Resolution No. 83-1988.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
C. CONSIDERATION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT
IN THE CITY OF FRIDLEY:
MOTION by Councilman Schneider to refer this item to staff for a
proposal, in consultation with the City Attorney's Office, to be
presented at some future Conference Meeting. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
D. ITEM -FROM THE APPEALS COMMISSION MEETING OF AUGUST 30
1988:
1. CONSIDERATION OF A VARIANCE VAR #88-22, TO REDUCE
THE SIDE YARD SETBACK FROM 15 TO 5 FEET; TO REDUCE
THE REAR YARD SETBACK FROM 25 FEET TO 7 FEET • TO
REDUCE THE MINIMUM HARD SURFACE SETBACK FROM A
PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET; TO
REDUCE THE MINIMUM HARD SURFACE SETBACK FROM 5 FEET
TO 0 FEET AT THE SIDE LOT LINE TO ALLOW AN AIR
CONDITIONING HEATING, AND ELECTRICAL CONTRACTOR
OFFICE ON LOTS 27 AND 28 BLOCK 12 HYDE PARK THE
SAME BEING 5973 3RD STREET N.E. BY DONALD DICKISON:
MOTION by Councilman Billings to grant the variances, VAR #88-22,
`PLANNING DNISfON
MEMORANDUM
unoF
FRIDLEY
M: Jock Robertson, C a=unty Develoment Director
Planning Ca=ission Members
FFDM: Kathlyn Castle, Planning Assistant
DATE: September 7, 1988
RMARDIlVG: Special Use Permit, SP #88-12, 5973 - 3rd Street N.E.
PIaFUSAL
The petitioner, Donald Dickison, is requesting a special use permit be
granted to allow an air condition, heating and electrical contractor oftice
at 5973 - 3rd Street N.E.
BAC KGRDUND
This property is located in an S-1, Hyde Park Neighborhood District, whose
regulations are similar to that of an I-1, Single Family Dwelling District.
This use would be regulated under a special use permit. The building and
site requirements for the proposed use were evaluated under the C-1, Local
Business District regulations because it is similar in nature. Mr. Dicki son
also requested five variances, four of which were approved by the Appeals
Canmission. This is scheduled for the September 26, 1988 City Council
meeting.
The Hyde Park Neighborhood was created a Special District for the purpose of
restoring its residential character. The Zoning Code states the following
four objectives:
1. Change the present "legal, nonconforming use" status of the residential
dwellings in the neighborhood to a "confoaning use" status.
2. Re-establish the residential character of the neighborhood.
3. Protect the property rights of all present lard owners as much as
possible, while promoting the residential development of the
neighborhood.
4. Establish a zoning mechanism for the neighborhood that will encourage
residential investment and development in Hyde Park.
This proposed use does not amply with the intent of the zoning district.
ft
" . • 3R
SP #88-12
5973 - 3rd Street N.E.
Page 2
Despite this, a similar special use permit request was previously granted in
1985 and 1987 which allowed a different ommercial use in an S-1 zone. The
1987 permit was passed with four stipulations concerning site improvements.
Due to extenuating circumstances, the petitioner never used the special use
permit and never completed the stipulations.
Mr. Dickison's business will have a minimal affect on the surrounding
cmmuni ty . H i s of f i ce wil l employ approximately two pecpl a with the hopes of
adding two to three more employees in a year. Due to the nature of the
business, no retail activity will occur so there will be no customer traff ic.
Repairs are done off-site.
RECONM=AT IDN :
Staff recommends denial of special use permit, SP #88-12, to allow an air
conditioning, heating and electrical contractor office at 5973 - 3rd Street
N. E. Denial is based on Section 205.04.03E which states "whenever a lawtul
rnnconfonning use of a structure is abandoned for a period of 12 months, any
future use of said structure or land shall be in conformity with the
provisions of this Chapter".
Yr_ 88-219
CIIYOF
FRIDLEY
CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE (612) 571-3450
CITY COUNCIL
ACTION TAKEN NOTICE
e2w, A4 qq ��2 October 3, 1988
Donald Dickison
1321 - 26th Avenue N.W.
New Brighton, MN 55112
On September 26, 1988, the Fridley City Council officially approved
your request for a special use permit, SP #88-12, to allow an air
conditioning, heating and electrical contractor office 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. with the
following stipulations:
1. Petitioner agrees that any future re -use of the building is
• subject to finding, through the special use permit process,
that the re -use would be compatible with the surrounding
neighborhood.
2. A portion of Lot 29, approximately 1,604 square feet will be
leased from the City for $1.00 per year as long as the business
is in operation at this site.
—> 3. Landscaping to be installed as per plan by September 1, 1989.
4. A performance bond or letter of credit for three percent of the
construction value be given to the City prior to issuance of
the building permit.
5.
Parking demand shall not exceed nine spaces unless additional
spaces are provided.
Install six inch concrete curbing around the entire perimeter
of the parking lot including driveway opening by September 1,
1989.
Parking lot to be sealcoated and striped, nine spaces, by
September 1, 1989.
Bollards are to be removed upon installation of landscaping.
"u�
Donald Dickison
SUP #88-12
Page 2
9. Petitioner to maintain site immediately by cutting grass and
eliminating weeds.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely,
John L. Robertson
Community Development Director
JLR/dn
Please review the noted stipulations, sign the statement below and
return one copy to the City of Fridley Planning Department by
October 17, 1988.
0 Concur with action taken.
C
rA
•f
CIZYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
February 22, 1991
Donald Dickison
1321 - 26th Avenue N.W.
New Brighton, MN 55112
Dear Mr. Dickison:
On September 26, 1988, the Fridley City Council officially approved
a special use permit, SP #88-12, and a variance, VAR #88-22, for
5973 - 3rd Street N.E. Nine stipulations were placed upon the
special use permit and variance (please see attached action taken
letter). Of those nine stipulations, several have yet to be
completed, and include the following:
1. Landscaping;
2. Seal coating, striping, and curbing of the parking lot;
4. Removal of the bollards around the parking lot.
In addition to failing to comply with the stipulations placed on
the special use permit, the letter of credit which you issued to
the City in 1988 in the amount of $430.00 has since expired.
Please complete the required outdoor improvements to this property
by November 1, 1991. In addition, please submit a new letter of
credit in the amount of $500.00 to the City of Fridley by June 1,
1991 to cover the costs of the improvements should you fail to
complete them. You should be informed that failure to comply with
these stipulations can result revocation of the special use permit.
If you have any questions or concerns regarding these issues,
please call me at 572-3593.
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
C-91-50