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VAR 88-22THIS DOCUMENT HAS ALREADY BEEN FILED ON CERTIFICATE 59804 AS NUMBER 182103 ON 12/29/88 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a variance, VAR 488-22 VARIANCE White Eagle Investment , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of SeRtember , 19 88 , on a petition for a variance pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To reduce the side yard setback. from 15 feet to 5 feet; to reduce the rear yard setback from 25 feet to 7 feet; to reduce the minimm hardsurface setback from a public right-of-way from 20 feet to 7 feet; to reduce the miniman hardsurface 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, Blcok 12, Hyde Park, the same being 5973 - 3rd Street N.E. IT IS ORDERED that a variance be granted as upon the following conditions or reasons: Nine stipulations. See City Council meeting minutes of September 26, 1988. STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Shirley A. Haapala, 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 Fridl y, Minnesota, in the County of Anoka on the s� day of 19� DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55132 � � ✓ l� �! SHIRLEY A. HIAAPALA, CIT CLERK Variances are valid for a period of one year following approval and shall be considered void if not used within that period. ( SEAL ) • She stated she is in favor of this business on the did not like to rezone for one parcel. 0135 , but Councilman Billings stated he would agr/abgranting the special use permit, the strictest intes not being applied. Mayor Nee stated there have been proposous uses for this property, therefore, the propertreally been abandoned. UPON A VOICE VOTE TAKEN ON THE ABOOTION, all voted aye, and Mayor Nee declared the motion carriga unanimously. B. MOTION by Councian Billings to adopt Resolution No. 83-1988. Seconded by Coupilman Schneider. Upon a voice vote, all voting aye, Mayor Nee/declared the motion carried unanimously. C. �t Councilman Schneider to refer this item to staff for a , in consultation with the City Attorney's Office, to be d /nilman at some future Conference Meeting. Seconded by Billings. Upon a voice vote, all voting aye, Mayor Nee the motion carried unanimously. D. ITEM FROM THE APPEALS COMMISSION MEETING OF AUGUST 30 1988: 1. Q - 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_#88-2�, i r� L • 01.36 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 11 to reduce the side yard setback from 15 to 5 feet; to reduce the rear yard setback from 25 to 7 feet; to reduce the minimum hardsurface setback from a public right-of-way from 20 to 7 feet; and to reduce the minimum hardsurface setback from 5 to 0 feet at the side lot line, but to deny the variance to reduce the minimum hardsurface setback from the main building from 5 to 0 feet, subject to 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;` -(3L 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 permitfpT 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;-,`(7))parking lot to be sealcoated and striped with nine spaces by September 1, 1989; T4bollards are to be removed upon installation of landscaping; and,--(9)-petitioner to maintain site immediately by cutting grass and '-e11-m inating weeds. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of September 14, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE MOORE LAKE WEST BASIN AERATOR PROJECT NQ::.:182 TABLED 9/12/88): Mr. Burch, Assistant Public Works Director stated four bids were received for this project and staff is ecommending the low bid from Sevcon, Inc. for $15,476 be acc ed. MOTION by Councilman Schneider receive the bids: Sevcon, Inc. Route 1, Box 330 Cokato, MN 5532 Becklin Bros Route 1, 448A Cambrid , MN 55008 $15,476.00 $24,800.00 • • Community Development Department City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 a 1 CfiYOE FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE Donald Dickison 1321 - 26th Avenue N.W. New Brighton, MN 55112 October 3, 1988 On September 26, 1988, the Fridley City Council officially approved your request for a variance, VAR #88-22, to reduce the side yard setback from 15 feet to 5 feet; to reduce the rear yard setback from 25 feet to 7 feet; to reduce the minimum hardsurface setback from a public right of way from 20 feet to 7 feet; to reduce the minimum hardsurface 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. 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. 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. 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, nine spaces, by September 1, 1989. Donald Dickison VAR #88-22 Page 2 8. Bollards are to be removed upon installation of landscaping. 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. S_ i`ncerely, .1 V N 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. Concur with action taken. • 0 0135 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 10 She stated she is in favor of this business on the property,t did not like to rezone for one parcel. Councilman Billings stated he would agree that by gra ing the special use permit, the strictest interpretation is not being applied. Mayor Nee stated there have been proposals for arious uses for this property, therefore, the property has not really been abandoned. UPON A VOICE VOTE TAKEN ON THE ABOVE MO ON, all voted aye, and Mayor Nee declared the motion carried animously. B. RESOLUTION NO. 83- CDT.TT T. C 400 -AA MOTION byZNeeeclared n Billings to adopt Resolution No. 83-1988. Seconded ban Schneider. Upon a voice vote, all voting aye, Mayor the motion carried unanimously. C. ION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT N,/by Councilman Schneider to refer this item to staff for a al, in consultation with the City Attorney's Office, to be nted at some future Conference Meeting. Seconded by ilman Billings. Upon a voice vote, all voting aye, Mayor Nee red 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 TO0 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, 0133 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 11 to reduce the side yard setback from 15 to 5 feet; to reduce the rear yard setback from 25 to 7 feet; to reduce the minimum hardsurface setback from a public right-of-way from 20 to 7 feet; and to reduce the minimum hardsurface setback from 5 to 0 feet at the side lot line, but to deny the variance to reduce the minimum hardsurface setback from the main building from 5 to 0 feet, subject to 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; (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. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of September 14, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE C RACT FOR THE MOORE LAKE WEST BASIN AERATOR PROJECT NO 182 TABLED 9/12/88) : Mr. Burch, Assistant Public Works Directo , stated four bids were received for this project and staff i recommending the low bid from Sevcon, Inc. for $15,476 be ac ted. MOTION by Councilman Schneider,, -Co receive the bids: Sevcon, Inc. Route 1, Box 330 Cokato, MN 552 Becklin Brds. Route Box 448A Ca=b ' dcge, MN 55008 $15,476.00 $24,800.00 r ncrrna,.� ++vruiia�ivi� rir�aiw� AUGUST 30, 1988 CALL TO ORDER: Vice -Chairperson Savage calledtheAugust 30, 1988,.Appeals Commission meeting to order at -71:35 p.m. 'ROLL CALL: Members Preiseat. Larry Kuechle, Diane Savage, Kenneth Vos Members Absent: Alex Parna,;Jerry Sherek Others Present: Darrel Clark, Chief Building Official. Donald Dickison, 1321 -26th Avenue N.W., New Brighton, MN Gerry Messler, 5805 France Avenue S., Edina, MN APPROVAL OFAUGUST 2,' 19880 APPEALS..COMMISSION MINUTES.- -MOTION INUTES.-MOTION by Mr. Kuechle, seconded by Dr. Vos,,to approve;,the August 2, 1988, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAVAGE DECLARED THE'_, MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A VARIANCE REQUEST, VAR #88-22, BY DONALD DICKISON: Pursuant to Section 205.13.,03.C,(2) of the Fridley City Code to reduce -the side yard setback from 15 feet to 5 feet; pursuant to Section 205.13.03.C9-(3), of the Fridley 'City Code to reduce the rear yarn setback -from 25 feet to 7 feet; pursuant to Section. -205.13.05.D,(5), of the Fridley City Code to reduce the minimum hard surface _setback.from a public right -of -wap from 20 -feet to 7 feet; pursuant to Section 205.13.05.D,(5), of the _Fridley City Code to reduce the minimum hard surface setback fromthe main building from 5 feet`to 0 feet; and pursuant to Section 205.13.05.D,(5), of the Fridley City Code to`reduce,the minimum hard surfacesetback, 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 3973 3rd Street N.E. MOTION by Dr. Vos, seconded by -Mr. Kuechle, to waive the reading of the -public notice. UPON A VOICt;VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAV AGE DECLARED THE MOTION` CARRIED UNANIMOUSLY. 0 0 APPEALS COMMISSION MEETING, AUGUST 30, 1988 PAGE 2 MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.M. Vice -Chairperson Savage read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 5973 - 3rd Street N.E. VAR X688-22 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.13.03.C,(2), requires a side yard setback of not less than 15 feet. Public purpose served by this requirement is to provide for adequate open spaces around structures, to maintain clear access for fire fighting purposes, and to reduce conflagration of fire. Section 205.13.03.C,(3), requires a rear yard setback of not less than 25 feet. Public purpose served by this requirement is to provide adequate open spaces around structures for aesthetic and fire fighting purposes. Section 203.13.05.D,(5), requires all parking and hard surface areas to be no closer than 20 feet from any public right-of-way. Public purpose served by this requirement is to allow for aesthetically pleasing open areas adjacent to public right-of-ways. Section 205.13.05.D,(5), requires all parking and hard surface areas to be no closer than 5 feet from the main building. Public purpose served by this requirement is to provide for adequate open space areas around structures for aesthetic and fire fighting purposes. Section 205.13.05.D,(5), requires all -parking and hard surface areas to be no closer than 5 feet from any side lot line. Public purpose served by this requirement is to provide for adequate open space areas around structures for aesthetic and fire fighting purposes. B. STATED HARDSHIP: Because the building has lost legal nonconforming status, variances are needed to reuse the building. a I APPEALS COMMISSION MEETING, AUGUST 30, 1988 PAGE 3 C. ADMINISTRATIVE STAFF REVIEW: Mr. Donald Dickison, the petitioner, is requesting the City to grant several variances which would allow him to establish an air conditioner/ heating/electrical contract business at 5973 - 3rd Street N.E. Variances must be granted because the building has not been used for one year, therefore, has lost legal non -conforming status. This property is located in a special district, S-1, Hyde Park Neighbor- hood, which the City considers comparable to R-1, Single Family dwelling district. A commercial use in this district is allowed as a special use and will be regulated by the C-1, Local business district requirements. While evaluating the petitioner's variance requests, consideration should be given to the existing status of the property. Four of the five requests are either existing or necessary. The variance regarding a reduction of the five foot hard surface setback from the main building to zero feet is not necessary. Due to the petitioner's parking lot improvements, the five foot hard surface setback could be installed and the parking lot would still comply to the City Code. If approved, staff recommends the following stipulations: 1. Variance approval contingent upon approval of special use permit. 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% of the construction value be given to the City prior to issuance of the building permit. 5. Parking demand shall not exceed ten 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, ten spaces, by September 1, 1989. 8. Bollards are to be removed upon installation of landscaping. 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. APPEALS COMMISSION RING, AUGUST 30, 1988 0 PAGE 4 Mr. Clark showed the location of the property on the Location Map and Zoning Map being to the southeast of the intersection of 3rd Street and 60th Avenue. ` A slip -off comes off University Avenue -to 60th Avenue and feeds onto 3rd Street. The Site Plan shows the parking lot, landscaping and curbing. The parking lot would have 9 parking stalls rather than 10, as stated in the Staff Report. The variance is for a sideyard setback on the south from 15 feet to 5 feet; reduce rear yard setback from 25 feet to 7 feet; reduce parking lot setback from a public right-of-way in two locations - one from 20 feet to 10 feet and the other 20 feet to 7 feet; the parking lot would extend 5 feet into the next lot; and to reduce the setback of driveways and parking areas from buildings from 5 feet to 0 feet. Staff met with the petitioner to discuss the variances. Staff recommends approval of the variances with the exception of the setback of 5 feet to 0 from the building. This 5 feet is recommended as a buffer so that traffic does not hit the building. Petitioner would prefer not to stay 5 feet away from the building due to the cost. The stipulations regarding landscape and irrigation are recommended for completion by September 1989. The petitioner is familiar with the plan but is not sure he would get completed by September 1989. The petitioner plans to open a commercial shop with little retail sales of materialsfor an air conditioning, heating and electrical contracting business. Staff would pick up supplies and then go to another location to install. The area should not get a lot of commercial traffic other than in the morning and evening. Mr. Clark indicated there has been discussion of closing off the slip -off from University. The petitioner has no problem if this should be done. The petitioner understands that, if this is done, he would be provided an opportunity to acquire the two lots that would become available for future development. The Planning Commission will have a special hearing on this variance request on September 14. Their recommendation will go before the City'Council on September 26. Dr. Vos asked the reasons for a 5 foot setback from the building. Mr. Clark stated this buffer is to prevent traffic from coming in contact with the building. This space also provides an area for a walkway and snow storage. Mr. Kuechle noted that most of the property would need to be curbed. Mr. Clark agreed that there is a lot of curb for a small lot. Mr. Messler suggested the elimination of the curb on the entire east side along the alley. The curb blocks off use for the alley and would eliminate part of the curbing, from a practical standpoint. Mr. Dickison stated the curb along the alley was not a problem. There is enough room for the trucks with the plan as it is. Dr. Vos asked if the City had received any calls from neighbors. Mr. Clark indicated he had received no calls. Mr. Messler requested consideration to not require irrigation. The bulk of the landscaping will be on City property. The petitioner is being asked to spend $3,000-$4,000 to sprinkle one bush which seems to be more than what is required. PEALS COMMISSION OETING, AUGUST 30, 1988 0 Ms. Savage asked if the irrigation had been added as a stipulation. PAGE 5 Mr. Clark stated that irrigation should be included because the City requires irrigation on new construction and buildings being remodeled. The seller has agreed to cover some of the outside costs. It was his understanding that the petitioner will put it in but may not get the installation done by Sept. 1989. 3SS Mr. Dickison stated he agreed with the curbing. The landscape and irrigation is to be done in one year. His suggestion is to blacktop and curb, but he would like two to three years to get the landscaping done. Mr. Dickison also requested the bond requirements be waived. Mr. Messler indicated the property is being purchased on a contract for deed. The seller has reduced the price to allow for improvements. The improvements are equal to 25% of the purchase price. Dr. Vos stated that a lot of the landscaping being requested is in antici- pation of the slip -off. He felt there was no advantage to put in landscaping if the decision regarding the slip -off will not be implemented until later. Mr. Kuechle did not feel the cost for irrigation and landscaping would be a major cost item. Mr. Dickison stated the sprinkling system would cost a minimum of $2,000. His desire is to make the appearance presentable to the area.. He is willing to do what is requested but is asking for three years to complete the landscaping and irrigation. The landscaping would depend on the slip -off and the future decision regarding same. The only reason for the bushes is to prevent lights from shining into houses at night, and this is a daytime business. Ms. Savage asked what would be done to the building and when business would commence at this site. Mr. Dickison stated the exterior would be refaced and painted. The building is in good shape and improvement would be cosmetic. He plans to put in the curbing this fall, if time allows; however, he would do the parking lot differently if there was no slip -off. Mr. Clark stated that University Avenue improvements would be made next year and a decision on the slip -off should be made in the spring. The stipulations give the petitioner until the following fall which should allow for changes. If the slip -off is approved, the request with changes can be re-submitted,should circumstances change. Mr. Clark indicated that staff is recommending approval of all variances with the exception of the 5 foot to 0 foot variance along the north edge of the building, the only exception being the short wall along the east and north where trucks will be loading. The City is trying to get the property up to code. The commission can make a recommendation if they wish regarding the future decision affecting the slip -off. Dr. Vos asked about the performance bond or letter of credit. Mr. Clark stated this is a City policy. On a new building, 3% is usually spent on a performance bond. This is included in the stipulations to inform the petitioner. APPEALS COMMISSION &ING, AUGUST 30, 1988 i PAGE 6 MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAVAGE,DECLARED THE PUBLIC HEARING CLOSED AT 8:12 P.M. Dr. Vos indicated he did not wish to put the petitioner in a position of a hardship due to the question of the slip -off. He agreed with the requirement of a 5 foot setback along the building, and questioned the necessity of the curb along the alley. Mr. Clark indicated the curb delineates the parking from the alley and detains traffic. Mr. Kuechle agreed with the staff recommendations. The cost for landscaping amounts to approximately 2% of the building cost. If the other lots become available, this could change the plan. He did not feel the overall cost was severe. The stipulation sets the date for September 1989. By the time the proposal goes before the City Council, it will be October. It may be necessary to wait until next spring before doing work. The money for the improvements could be saved until next year at which time a decision regarding the slip -off should be made. Mr. Clark recommended not doing the work this fall. Dr. Vos indicated that the plan is under present circumstances which could change by next year and then the petitioner would again have to go through the process. Mr. Clark indicated that in this neighborhood parking lots for commercial use and apartment buildings are allowed with a special use permit. If'the parking lot configuration would change, the petitioner would need to go to the Planning Commission for a special use permit for an expanded or revised parking plan. Ms. Savage basically agreed with the staff recommendations. The area is residential and the aesthetic considerations are important. The stipulations leave flexibility to allow the petitioner time to find out what is happening with the property. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to the City Council approval of Variance Request, VAR X688-22, by Donald Dickison, pursuant to Section 205.13.03.C,(2) of the Fridley City Code to reduce the sideyard setback from 15 feet to 5 feet; pursuant to Section 205.13.03.C,(3), of the Fridley City Code to reduce the rear yard setback from 25 feet to 7 feet; pursuant to Section 205.13.05.D,(5), of the Fridley City Code to reduce the minimum hard surface setback from a public right-of-way from 20 feet to 7 feet; and pursuant to Section 205.13.05.D,(5), of the Fridley City Code 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.; and to deny the variance pursuant to Section 205.13.05.D,(5), of the Fridley City Code to reduce the minimum hard surface setback from the main building from 5 feet to 0 feet; with the following stipulations: 1) Variance approval contingent upon approval of special use permit; 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; APPEALS COMMISSION MING, AUGUST 30, 1988 PAGE 7 3 U U 4. 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; 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, 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. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage indicated the recommendation would go before the City Council on September 26. An 1rnTTRMMT'ATT MOTION by Dr. Vos, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE -CHAIRPERSON SAVAGE DECLARED THE AUGUST 30, 1988, APPEALS COMMISSION MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, � I J Lavonn Cooper Recording Secretary � 0 , or�6� - t� r� Donald Dickison VAR #88-22 Stipulations • 3AAA 1. Variance approval contingent upon approval of special use permit. 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% 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, nine spaces, by September 1, 1989. 8. Bollards are to be removed upon installation of landscaping. 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. is r 3VV rIL'. STAFF REPORT APPEALS DATE - August 30, 1988 CITYOF PLANNING COMMISSION DATE - September 14, 1988 FRIDLEY CITY COUNCIL DATE - September 26, 1988 REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO ADOPTED LAND USE COMPATIBILITY WITH ADJACENT USES & SERI ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #88-22 Donald Dickison Because the building has lost legal non -conforming status, variances are needed to use the building for an air conditioning/heating/electrical contracting repair business 5973 - 3rd Street N.E. 10,324 square feet 22% lot coverage S-1, Hyde Park Neighborhood North, S-1, Hyde Park Neighborhood; south, S-1, Hyde Park Neighborhood; east, C-2, General Business; west, S-1, Hyde Park Neighborhood N/A N/A Proposed use is not compatible with the purpose of the Hyde Park zoning district. Same Traffic demand, noise. See staff memo. Approval of four of the five variance requests. Approval. • 0 Itsm #1, August 30, 1988 ADMINISTRATIVE STAFF RESORT 5973 - 3rd Street N.E. VAR #88-22 A. RBLIC PURMSE SERVED BY RMUIR': Section 205.13.03.C, (2), requires a side yard setbck of not less than 15 f eet. Public purpose served by this requirement is to provide for adequate open spaces around structures, to maintain clear access for fire fighting purposes, and to reduce conflagration of fire. Section 205.1';.03.C,(3), requires a rear yard setback of not less than 25 feet. Public purpose served by this requirement is to provide adequate open spaces around structures for aesthetic and fire fighting purposes. Section 203.13.05.D, (5), requires all parking and hard surface areas to be no closer than 20 feet fran any public right-of-way. Public purpose served by this requirement is to allow for aesthetically pleasing open areas adjacent to public right-of-ways. Section 205.13.05.D, (5), requires all parking and hard surface areas to be no closer than -5 feet from the main building. Public purpose served by this requirement is to provide for adequate open space arms around structures for aesthetic and fire fighting purposes. Section 205.13.05.D, (5) , requires all parking and hard surface areas to be no closer than5 feet from any side lot line. Public purpose served by this requirement is to provide for adequate open space arms around structures for aesthetic and fire fighting purposes. B. STATED HA MIP: Because the building has lost legal nonconforming status, variances are needed to reuse the building. C. ADMINISTRATIVE STAFF REVIEW: Mr. Donald Dickison, the petitioner, is requesting the City to grant several variances which would allow him to establish an air conditioner/heating/electrical contract business at 5973 - 3rd Street N. E. Variances must be granted because the building has rpt been used for -one year, therefore, has lost legal nonconforming status. This property is located in a special district, S-1, Hyde Park Neighborhood, which the City considers canparible to R-1, Single Family dwelling district. A commercial use in this district is allowed as a special use and will be regulated by the C-1, Local Business district requirements. • i Administrative Staff Report VAR #88-22 Page 2 While evaluating the petitioner's variance requests, consideration should be given to to existing status of the property. Four of the five requests are either existing or necessary. The variance request regarding a reduction of the five foot hardsurface setback fran the main building to zero feet is not necessary. Due to the petitioner's parking lot improvenents, the five foot hardsu.zface setback could be installed and the parking lot would still comply to the City Code. If approved, staff recamends the following stipulations: 1. Variance approval contingent upon approval of special use permit. 2. A portion of Lot 29, approximately 1,604 square feet, will be leased frrm 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% of the construction value be given to the City prior to issuance of the building permit. 5. Parking denand shall not exceed ten 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, ten spaces, by September 1, 1989. 8. Bollards are to be removed upon installation of landscaping. 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. azz GNOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 August 23, 1988 Donald Dickison 1321 - 26th Avenue N.W. New Brighton, M 55112 RE: Variance, VAR #88-22, Special Use Pennit, SP #88-12, at 5973 - 3rd Street N. E. Dear Mr. Dickison: Enclosed you will find a proposed landscape plan for the above referenced property. Landscape improvements will be required as part of your zoning permit requests. Please review the attached plan. If you have any questions or concerns, please contact either myself or Michele McPherson at 571-3450. Thank you for working with the City of Fridley. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-412 r� u NAILING LIST VAR #88-22 Donald Dickison 1321 - 26th Ave. N.W. New Brighton, M 55112 City Council Members City Manager Chairperson of Appeals Commission White Eagle Investment 6177 Heather Circle N.E. Fridley, NAV 55432 Robert Williams 5945 - 2 1/2 Street N.E. Fridley, MN 55432 Al Gabel 5947 - 2 1/2 Street N.E. Fridley, MN 55432 John Wolfe 6007 - 3rd Street N.E. Fridley, MN 55432 Frank Gabrelcik 5923 - 3rd Street N.E. Fridley, MN 55432 Ione and William Alasppa 5925 - 3rd Street N.E. Fridley, MN 55432 John Pawluk 5931 - 3rd Street N.E. Fridley, MN 55432 John Rasmussen 8855 - 230th Street E. Lakeville, MN 55044 John Rasmussen p;." 5955 - 3rd Street N.E. Fridley, MN 55432 Resident 5965 - 3rd Street N.E. Fridley, MN 55432 Lawrence Muggli-, 11796 Able Street N.E. Blaine, MN 55434 Is Appeals 8/19/88 Franklin Hart 6000 - 3rd Street N.E. Fridley, MN 55432 Willard Guimont 5980 - 3rd Street N.E. Fridley, MN 55432 E. Norwood and B. Braithwaite 7412 Lyndale Avenue South Minneapolis, MN 55423 Resident 5974 - 3rd Street N.E. Fridley, MN 55432 Robert Ecker 5940 - 3rd Street N.E. Fridley, MN 55432 Hugh Churchill 5955 - 2 1/2 Street N.E. Fridley, MN 55432 Northwestern Bell Telephone Co. 5920 - 3rd Street N.E. Fridley, MN 55432 John Kelly 3801 Crystal Lake Boulevard Minneapolis, MN 55422 • PCBLIC HEARING BEFORE THE APPEALS ODNMISS IDN • Notice is hereby given that the Appeals Ccrrmission of the City of Fridley will corxiuct a Public Hearing at the Ccammunity Education Center at 6085 Seventh Street N.E. at 7:30 p.m. on Tuesday, August 30, 1988, for the purpose of: Consideration of a Variance request, VAR #88-22, by Dorald Dickison, pursuant to Section 2 05.13.03 . C, (2) , of the Fridley City Code to reduce the side yard setback f roan 15 feet to 5 feet; pursuant to Section 205.13.03.C, (3), of the Fridley City Code to reduce the rear yard setback frrm 25 feet to 7 feet; pursuant to Section 205.1'4.05.D,(5), of the Fridley City Code to reduce the minimum bard surface setback f= a public right-of-way frrm 20 feet to 7 feet; pursuant to Section 205.13.05.D, (5), of the Fridley City Code to reduce the minimum hard surface setback f ran the main building frau 5 feet to 0 feet; and pursuant to Section 205.13.05.D, (5) , of the Fridley City Code to reduce the minimum hard surface setback f ran 5 f eet 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. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. ALEX BARNA QiAIRPERSON APPEALS CDY MISS IDN Any questions related to this item may be referred to the Fridley Camuni ty Development Department, 571-3450. rAll GIYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 August 19, 1988 Dear Property Owner: Enclosed you will find a copy of a public hearing. notice regarding a variance request for an air conditioning► heating, and electrical contractor office at 5973 - 3rd Street N.E. As you remember, a variance request was heard before the Appeals Commission on July 19, 1988, by the Orthodox Church of the Resurrection of Christ. This request has now becone null and void due to a purchase agreement cancellation. As you can see from the enclosed public hearing notice, the new variance request will be heard before the Appeals Conmi.ssion on August 30, 1988, at 7:30 p.m. Sincere. . r�C Robertson Cmm maty Development Director JR:ls COM SION APPLICAnOt REVIEW Depart FI Department Number le Date Meeting Date CINOF Ca maty Development 41 8-12-88 8-30-88 FWDLEY File Address/Description VAR #88-22 COMPLETE REVIEW CHECKLIST 5973 - 3rd St. N.E. - variances for hard RETURN TO PLANNING surface, side and rear and setbacks chelle COMMENTS 0,JOHN,- InDAAREL CLYDE EON KATHY 1 . ,7 CITY OF FRIDLEY "� . 6431 UNIVERSITY AVE FRIDLEY, MN 55432 (612) 671-3450 .PROPERTY INFORMATION VARIAN REQUEST FORM VARIANCE # WAC '2;-;> VARIANCE FEE RECEIPT #0: Iv sem. SCHEDULED APPEALS MEETING DATE PROPERTY ADDRESS —5 1 07�.. 57- Zo G7 ` ,e LEGAL DESCRIPTION: LOT °�� BLOCK 13- _ TRACT/ADDITION �y Cte AI k- z4 ® //—.o r✓ PRESENT ZONING 6 - VARIANCE REQUEST(S): Attach a plat or survey of the property showing building, variance(s), where applicable. Section of the Code: List specific hardship(s) which require the variance(s): /rte er 40-1.1 'WIT FEE OWNER INFORMATION NAME (please print) A-41&-.ln/N/PS%�/✓gzr 47- PHONE .S7,d-?-: 73 ADDRE SIGNA Note ##### DATE PETITIONER INFORMATION NAME (please print) � l � k'/ -C 1 W- PHONE (0• <0 ADDRESS ( 3 4 _ d — - 2-6V-, SIGNATURE DATE 09-6;-6300 ################################################################################## APPEALS COMMISSION: APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: .11 CITI OF FRIDLEY 1111IL11I10 PRIMIT lQRRP.SOTA 0 1R•IRY Page 1 of 1 Zone: C-1 PME NO. / ADDRESS: (See current Code requiraments for detailed explanation) '1-) ITEM RMUIRED ACTUAL O[ COMMENTS Lot Area 20.000 so. ft.1 105Z0I i- j® -4Z® fi i 160 1 �VH'=564 Building Setbacks: / Front lard 35 ft.I 45 { �{ Side Yard 15 ft.1 161_I�f> lA►.�C� 1 AJC—� Witb Driveway 30 ft.l I_I Corner Lot 35 ft.l I_I Q Qts 4W -Bear Yard 25 ft.l "7 I 1 C. 7 Additional Setback (Adj. Res.) 30 ft -1 Parking Stall Size: Buading Height 3 Stor4e3/45 ft.l e� Handicapped 12, z 20, (240 sq. ft.)I 1Zx Parking Ratio: , Abutting curb/sidewalk 10, z 18, (180 sq. ft.)I Retail, Service Uses Landscaping: Underground Sprinklingl 1 Stall/150 sq. ft - I_� Approved Land3caping Plansl Theater, Restaurantb, *to, P1 Refuse Location Rear/Side Yard-Screenedl Loading Areas Rear/Side Yard -Screened! 1 Stall per 10051-4.1 Screening Of: Office 1 3tall/250 sq. ft.l Outside Storage Spec. Bldg. 1 Stall/200 sq. ft.l Roof Eguimat Handicap 1 Stall/50 parking etallsl Res. Dist. 15 Foot Planting Strip! Parking Setback From: it.l �s .I- Public Right of WILY 20 10 1_Q���+ Side Lot Line 5 ft.l / &"K" Rear Lot Line ;'Building 5 ft.l®) 5 ft. 1 �CD Alley Right of Way 15 ft.l Driveway Parking Aisles: 2 -ray Traffic 25 ft.I I Forte 1 -way Traffic 18 ft.l Driveway Width 32 ft.I/ { �� Driveway Angle 60 Ul q® { T& t ROY 2/3 Yidth/75 tt I 1�/ 11 i-�co 0—:-D n ereec . _ Curb 6• Poured Coneretel I ✓(NQS Curb Radii 10' R.1 Parking Stall Size: Regular 10' z 20' (200 sq. ft.)1 je-j e� Handicapped 12, z 20, (240 sq. ft.)I 1Zx QQ' I Abutting curb/sidewalk 10, z 18, (180 sq. ft.)I Landscaping: Underground Sprinklingl {_ Interior Parking Lot Improvesentl I_� Approved Land3caping Plansl i�ICti��5' P1 Refuse Location Rear/Side Yard-Screenedl Loading Areas Rear/Side Yard -Screened! Drainage Approved Plaal Screening Of: Parking Facilities Outside Storage Refuse Containers Roof Eguimat Loading Docks Res. Dist. 15 Foot Planting Strip! Miacellaneous: Lighting Shaded/Diffused! Bike Racks Notorcycle Parking Signage For Safety Security Sidewalk Easement 3/0/8/28 mum, • /R�7 R,••� �►� I- !:.- FT-W Nam �iVfm r� 4wF—Alm CSI :Bam 9101101 CM ►Ti Ii\ : l,7 1 " /4 J \ 3 ti ¢ 5 29�J 2Ba> 27 (601 24 23� 20 2-- 3<>: 4 ' 6 Z 6; �i►� .5 �j ` B 6 = /D 7 --2 - m NR l,7 1 " /4 J 29 27 25 23 1 20 - /9 4) /7 /6_ \ 3 ti ¢ 5 2 ZZ 69, g ,27 6 Z 6; �i►� .5 �j ` 6 = Z4�/s� 7 --2 - m NR 22 9 Z i /O (m►) :J* /B1 /3 _ A �B /3 = /7 w''�2 0 29 27 25 23 1 20 - /9 4) /7 /6_ \ 3 ti ¢ 5 2 2 8 g = 07 C4 6 26 B 6 = Z /Z --2 - m NR I If-- 29 \# 99 27� 26 25 �A G 2c \ 3 ti ¢ 5 6 2 8 (/ = 07 C4 / VAR #88-22 *Donald Dickison 59TH 4 YX 1 ° 29 i Z N 27 4J Z io H 7,1- v1117 AVENUE � 29 e1 2 2 8 -3 = 07 C4 .� 26 5 1 6 = Z 7 --2 - B 0 25 Z i /O (m►) /9 /B1 /3 _ A : /B by /.f (2/a) 59TH 4 YX 1 ° 29 i Z N 27 4J Z io H 7,1- v1117 AVENUE � 29 e1 2 2 8 -3 = 07 C4 .� ZE S 1 = 6 = Z 7 "44)'e" 25 Z i /O (m►) = 20 /9 L*, /Z (ay): : /B by /.f (2/a) /7 w''�2 9 kp) ul Z ;� L /O I)_ . 2/ `\,� @)/O 20 11 N// I I. 20 4-0 (0)// 3WW LOCATION MAP AVENUE N.E. 7 6 = 25 "44)'e" 25 70)- Z4 i ? 7 (44) 9! (0) 9 w''�2 9 kp) ' P ;� L /O I)_ . 2/ `\,� @)/O 20 11 N// I I. 20 4-0 (0)// 3WW LOCATION MAP 0 0 VAR #88-22 • • Donald Dickison LANDSCAPE SITE PLAN z ' VAR #88-22 Donald Dickison 3 Y Y 5 V. t6 129.0 EK STIpG btltt. m& O° v` !y k t~ &V e 3 {ZLY.tL Nc��C.ti— ilc�7tz�1-'1�TlC� 12.�t Gs�.TI i./tJ LANDSCAPE SITE PLAN ti G) O . . I t lb 20 3360 sy' 0000, Ole i Ode Ite i • Ep`• 3 02 i?+7 ,,. F.� VhLLV-f V Wit , ►. � c, eoc� "L.)L-P-� • 1,29.0.0" • Rol l29. o,.O 0 0 FRIDLEY CITY COUNCMEETING OF SEPTEMBER 26,_1988 Paae 9 MOTION by Councilman Schneider to is item to staff for a proposal, in consultation with the Attorney's Office, to be presented at some future Conference ing. Seconded by Councilman Billings. Upon a voice vote, all vot' aye, Mayor Nee declared the motion carried unanimously. 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, to reduce the side yard setback from 15 to 5 feet; to reduce the rear yard setback from 25 to 7 feet; to reduce the minimum hardsurface setback from a public right- of-way from 20 to 7 feet; and to reduce the minimum hardsurface setback from 5 to 0 feet at the side lot line, but to deny the variance to reduce the minimum hardsurface setback from the main building from 5 to 0 feet, subject to 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; (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. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of September 14, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE MOORE LAKE WEST BASIN AERATOR PROJECT NO. 182 (TABLED 9/12/88): Mr. Burch, Assistant Public Works Director, stated fn were received for this project and staff is recommending th, bid from Sevcon, Inc. for $15,476 be accepted. MOTION by Councilman Schneider to receive the bids: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 10 Sevcon, Inc. $15,476.00 Route 1, Box 330 Cokato, MN 55321 Becklin Bros. $24,800.00 Route 1, Box 448A Cambridge, MN 55008 Park Construction Company $28,987.00 7900 Beech Street N.E. Fridley, MN 55432 Seconded by Councilwoman Jorgenson. Upon a voice votg', all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contr ct for the Moore Lake West Basin Aerator Project No. 182 to the low bidder, Sevcon, Inc. in the amount of $15,476. Seconded by Councilman Fitzpatri k. Upon a voice vote, all voting aye, Mayor Nee declared the motion car ed unanimously. Councilman Schneider asked what is beim done to make this aerator aesthetically pleasing. / Mr. Burch stated the bank on which the a ator is located is quite steep and did not feel it would be very noticea a from the road. He stated there would be a canvass canopy over the ent' a structure to screen the mechanical supports. Mr. Burch stated if the app rance is objectionable to the Council, some small trees could be planted. Councilman Schneider stated he wo ld like to leave the options open until next spring. He stated if th re is not anything definite as far as development, possibly there coup be some berming which is acceptable to the residents. Mr. Burch stated the aerator Ys only a temporary above ground structure until plans are finalized for devqr1opment of the adjacent property. Councilman Schneider felt a letter should be sent to the residents on the east and west basins of oore Lake explaining to them why the aereator is being installed. Mr. Qureshi, City Ma ger, stated staff could send a letter, with a map, advising residents MI/ at the City hopes to achieve and what is proposed to minimize the visual impact. 5. MOTION by Coybcilman Fitzpatrick to adopt Resolution No. 84-1988. Seconded by Councilm n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared t e motion carried unanimously. 6. 0 Ka.6ZJ CIlYOF Fl2IDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 CITY COUNCIL ,ACTION TAKEN NOTICE Donald Dickison 1321 - 26th Avenue N.W. New Brighton, MN 55112 October 3, 1988 On September 26, 1988, the Fridley City Council officially approved your request for a variance, VAR #88-22, to reduce the side yard setback from 15 feet to 5 feet; to reduce the rear yard setback from 25 feet to 7 feet; to reduce the minimum hardsurface setback from a public right of way from 20 feet to 7 feet; to reduce the minimum hardsurface 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. 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 11604 square feet, will be leased from the City for $1.00 per year as long as the business is in operation. 3. Landscaping to be installed as per plan by September 1, 1989- 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. 1--n vim, pwv-� ovi 'oft11-A 6. Install six inch concrete curbing around the entire perimeter of the asking lot including driveway opening by September 1, 9. AD 1.1.$9 7. Parking lot to bes alcoated and striped, nine spaces, by • September 1, 1989j,j. l Donald Dickison VAR #88-22 Page 2 B. Bollards are to be removed upon installation of landscaping. 9. Petitioner to maintain site immediately by cuttingrass and eliminating weeds.�.Gt�aa.a� enc. ,V ygl� �a� �a�,e, 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. 9 Concur with action taken. 0