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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