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COMM DEV 06.891 unroF FRIDLEY PLANNING DIVISION MEMORANDUM DATE: June 1, 1989 TO: William Burns, City Manager Planning Commission Members FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Expansion of Werner's Furniture, 5901 - 3rd Street N.E. Mike Larson from Werner's Furniture has submitted a proposal to add a 20 foot by 60 foot addition onto the existing Werner's Furniture building at the northeast corner of 3rd Street and 59th Avenue. On November 5, 1984 the City Council approved a special use permit to allow the furniture use to occupy the building. Several stipulations were attached to the permit, including providing a parking. area, concrete curbing and landscaping. Because only three parking stalls were proposed, the requirement to create a parking lot and pave it with concrete curbing was waived. ANALYSIS The property is zoned S-1, Hyde Park District. Section 205.21.04.C.(2) states: "Alterations may be made when they improve the structure, provided that they will not increase the number of dwelling units, the bulk of the building or enlarge the use." Staff advised Mr. Larson regarding the ordinance requirement and stated that staff would recommend denial based on the language in the S-1 district regulations. The site would also have to receive variances to the front yard parking setback, the driving aisle width, .the five foot setback in front of the proposed addition and the number of parking spaces. Custom Mechanical received a special use permit in 1988 in the same district for re -use of a structure as a contractor's yard. Although Custom Mechanical did not propose an expansion to the structure, variances were granted for parking setbacks and other similar items as proposed in this proposal. During discussion of that application, both the Planning Commission and City Council discussed the future of the existing commercial uses along University Avenue. Werner's Furniture June 1, 1989 Page 2 The intent of the S-1 district is to promote a residential character in the district and to "protect the property rights of all present land owners as much as possible, while promoting the residential character of the neighborhood". The Werner's Furniture proposal includes refinishing the exterior of the building to brick and stucco block. Mr. Larson has also agreed to provide a paved parking area with concrete curbing and landscaping. This proposal constitutes an improvement of the property which would be more compatible with the surrounding uses. It is also located at a street intersection and is a use which does not appear to adversely impact adjacent properties. The neighbor to the north of the site is one of the employees. RECOMMENDATION In order to allow the continuation of the commercial uses and possible improvements such as Custom Mechanical and this request, staff recommends that the S-1 district be amended to establish a special use permit process for expansion or improvement of existing commercial properties. The special use permit process has been required in the past for re -use of commercial buildings in the S- 1 district; however, this requirement is not specified in the ordinance. It has been an administrative policy to require a special use permit. Expansions of some commercial uses such as Frank's Used Cars along University Avenue would not be appropriate; however, this recommendation may give the City Council a better ability to guide development in this area until a potential tax increment district is created where active redevelopment efforts would occur to encourage residential construction. Staff advised Mr. Larson that we.would have this policy issue reviewed by the City Council and Planning Commission informally prior to him filing the appropriate applications. He understands that despite the informal direction, other issues may arise during the public hearing process and that an informal direction from the City Council and Planning Commission may or may not change. BD/dn M-89-283 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Gary Maciej 4614 - 161st Lane N.W. Andover, MN 55304 Dear Mr. Maciej: September 22, 1994 On September 19, 1994, the Fridley City Council officially denied your request for a special use permit, SP #94-09, to allow the re -use of the building at 5973 - 3rd Street N.E., pursuant to stipulation #1 of a previous special use permit request, SP #88- 12, specifically the stipulation which states: "The 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." Please let me know about the status of your search for other buildings or properties; I know the Council would want to know the outcome of your search. If you have any questions regarding the above action, please call a 0. AICP elopment Di or BD/dn cc: Donald Dickison Please review the above, sign the statement below and return one copy to the City of Fridley Planning Depart nt by October 7, 1994. ' Concu it c ion ken. W n APPLICATION NUMBER: Special Use Permit #94-09 PETITIONER• Gary Maciej, petitioner. Donald Dickison, owner. LOCATION• 5973 - 3rd Street; southeast corner of the intersection of 3rd Street and 60th Avenue REOUEST• Allow reuse of the property for a commercial enterprise in the S- 1, Hyde Park District, which requires that all non-residential uses revert back to single family dwellings. In 1978, the City rezoned the property bordered by 61st Avenue on the north, University Avenue on the east, 57th Place on the south, and Main Street on the west to S-1, Hyde Park. The purpose of the zoning district is to re-establish the residential character of the neighborhood. The neighborhood has a variety of commercial uses located along University Avenue. They include Custom Mechanical (subject parcel), Werner's Furniture, and Frank's Used Cars. In 1985, the City began issuing a series of special uses to the subject parcel: SP #85-12, Midwest Classified SP #87-18, John Glynn Copier Repair Business SP #88-09, Religious Bookstore, Church, and Parsonage SP #88-12, Custom Mechanical Staff Report SP #94-09, by Gary Maciej Page 2 1. The petitioner agrees that any is subject through the special re -use will be compatible with hb h d future re -use of the building use permit process that the the surrounding 4 neig or oo . There are no special uses listed in 205.21 of the zoning codeir dos F3 W Roi tcy i i.2,F_ <4 tVYW I Ute` ANALYSIS : PE/ZM i r Pdai 02- TV --+L-c_oW J 6 4 rx_' i /AA r J. 4� `Z � Listed in the S-1 Special Districts, it states the purpose of thL—I'""�`"°"� district is to: P�� 1. Change the present "legal non -conforming use" status of / the residential dwelling in the neighborhood to a "conforming use" status. 2. To reestablish the residential character of the neighborhood. 3. To protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. 4. To establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. As for specific principal uses permitted, one family dwellings are listed. Commercial entities are not permitted if they were not constructed prior to the adoption of the S-1 district. Staff has asked for a legal opinion regarding the present special use permit application, to allow re -use of an existing commercial structure. Specifications for lot size, coverage, and setback dimension were based on residential standards which appear tf to indicate that there were to be no provisions for new construction or additions to "commercial entities. RECOMMENDATION/STIPULATIONS: ;u�e f re ends t additA nal tim spet-v rifyin _ -the t f isis rict nd lso a au�tthor-i£y o gr la sp permit i acco ce wit a language of t<<e -1 d ict. 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