VAR 92-02CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus
W. W. Klus Realty, Inc.
5100 Eden Avenue, #112
Minneapolis, MN 55436
Dear Mr. Klus:
October 21, 1993
On October 18, 1993, the Fridley City Council officially approved
your request for an extension of your special use permit, SP #92-
01, and variance, VAR #92-02. The extension is granted until April
30, 1994. If you are unable to begin construction on the project
for which these requests were granted and need another extension,
please contact me three weeks prior to April 30, 1994 so that I may
schedule an extension to be reviewed by the City Council.
If you have any further questions regarding this issue, please
contact me at 572-3593.
Please sign the statement below and submit one copy to my attention
by November 5, 1993.
Sin erely,
LTi"
Mic ele McPherson, BLA
Planning Assistant
MM/dn
Concur with action taken
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 . (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus
W. W. Klus Realty, Inc.
5100 Eden Avenue, #112
Minneapolis, MN 55436
Dear Mr. Klus:
October 21, 1993
On October 18, 1993, the Fridley City Council officially approved
your request for an extension of your special use permit, SP #92-
01, and variance, VAR #92-02. The extension is granted until April
30, 1994. If you are unable to begin construction on the project
• for which these requests were granted and need another extension,
please contact me three weeks prior to April 30, 1994 so that I may
schedule an extension to be reviewed by the City Council.
If you have any further questions regarding this issue, please
contact me at 572-3593.
Please sign the statement below and submit one copy to my attention
by November 5, 1993.
Sin erely,
��" HWL�'�
Mic ele McPherson, BLA
Planning Assistant
MM/dn
0
Concur with action taken
W. W. Klus Realty, Inc. IR
Retail Real Estate Specialists
0 Suite 112 • 5100 Eden Avenue • Minneapolis, MN 55436 • (612) 922-2560 • FAX (612) 922-2927
September 8, 1992
Ms. Michele McPherson, BLA
Planning Assistant
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
Dear Michele:
This letter is in response to your letter dated August 31, 1992 and
our subsequent phone conversation of today, September 8, 1992.
Due to my Tenant being unable to currently complete the
installation of the pumps and tanks for gasoline dispensing I have
not completed the landscape plan as it would have had to be removed
when the gasoline is installed.
I would sincerely appreciate your extending my request for the
gasoline and the commitment for the landscaping upgrade for one
year from the deadline which is November 1, 1992.
• We do anticipate that this work will be done and I do intend to do
the landscape upgrade as agreed to as a part of the approval
process.
I will be out of town for 8 days beginning the 9th and should you
have any questions please I will be in my office on the 18th.
Very truly yours,
W. W. Klus Realty, Inc.
r
��
Walter W. Klus
•
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°'"'•°" "°""° ""(' °—'— . Site Selection •Asset Management •Investment Property Brokerage 0 Property Management I k3
G7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
August 31, 1992
Walter Klus
7017 Valley View Road
Minneapolis, MN 55439
Dear Mr. Klus:
On April 6, 1992, the Fridley City Council officially approved your
request for a special use permit, SP #92-01, as well as your
request for a variance, VAR #92-02, to allow motor vehicle fuel and
oil dispensing services as an accessory use to a convenience store.
In reviewing my files, it appears that the landscaping and
irrigation was to be completed by November 1, 1992. I have
• observed that no construction has commenced on the property at 7883
- 7899 East River Road N.E. to install the gasoline pumps. We are
approaching the end of the construction season, and if you cannot
begin installation of the gasoline pumps and landscaping to meet
the November 1, 1992 deadline, please contact me so that we can
arrange an extension of time to complete these improvements.
I have enclosed copies of the action taken notices which outline
the stipulations as condition of approval.
If you have any questions regarding this issue, please contact me
at 572-3593.
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
C-92-264
elAed
G1YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 26, 1993
Walter Klus
Klus Realty
5100 Eden Avenue, Suite 112
Minneapolis, MN 55436
Dear Mr. Klus:
c(oply
On April 19, 1993, the Fridley City Council officially granted an extension
of your special use permit request, SP #92-01, and variance request, VAR #92-
02. The extension was granted until October 31, 1993. If you are unable to
b in construction on the project for which these requests were granted and
nl another extension, please contact me three weeks prior to October 31,
1993, so that I may schedule a second extension to be reviewed by the City
Council.
If you have any further questions regarding this issue, please contact me at
572-3593.
Please :;ign the Action Taken Letter below ar.,� submit one copy to the Planning
Department by May 10, 1993.
Sincerely,
Michele McPherson
Planning Assistant
•
�41
Concur with action taken
` Z S�
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: April 15, 1993
ii ,*1 .
TO: William Burns, City Manager M4-
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Extension of Special Use Permit SP 92-01 and
Variance 92-02, by Wally Klus, 7899 East River Road
We have received a letter from Wally Klus requesting that the
Special Use Permit and Variance issued to 7899 East River Road be
extended for one year. The requests were to expire April 6, 1993.
We received Mr. Klus' letter April 6, 1993. The construction has
not occurred due to the inability to receive financing.
Staff recommends that the City Council approve an extension of six
months, until October 31, 1993.
M-93-182
•
•
W. W. Klus Realty, Inc. IR
Retail Real Estate Specialists
Suite 112 • 5100 Eden Avenue • Minneapolis, MN 55436 • (612) 922-2560 • FAX (612) 922-2927
April 6, 1993
Ms. Michele McPherson
Planning Department
CITY OF FRIDLEY
6431 University Avenue, N.E.
Fridley, MN 55432
Re: Special Use Permit
SP #92-01
Dear Michele:
Please accept this letter as my formal request to continue the
approval of the subject Special Use Permit for one more year. Due
to a series of circumstances we have been unable to complete the
installation of the gasoline pumps and tanks. We now have a plan in
place which should help us to complete the work hopefully by early
summer. We do intend to be in conformance with the other conditions
of the approval i.e. landscaping, underground irrigation,
directional signage plans , and the performance bonds.
I am sure you are well aware of the financing availability from
lending institutions today and this again was one of our problems
in doing this project.
Thank you in advance for your assistance.
Very truly yours,
'X
Walter W. Klus
Property Owner
■
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••^••°'• ••°••^° °•^'•^ •••«•'°^ Site Selection •Asset Management •Investment Property Brokerage • Property Management
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FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus ,
7017 Valley View Road
Minneapolis, MN 55439
Dear Mr. Klus:
April 7, 1992
On April 6, 1992, the Fridley City Council officially approved your
request for a variance, VAR #92-02, to reduce the hard surface
setback from 20 feet to 6 feet, to allow the construction of a
gasoline pump island on Lot 1, Block 1, Pearson's 1st Addition, the
• same being 7883-7899 East River Road N.E., with the following
stipulations:
•
1. The variance was for the plan as amended March 17, 1992.
2. Special Use Permit, SP #92-01, shall be approved.
3. An executed lease agreement, that provides up to ten parking
spaces, shall be submitted to the City.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely, '
Barbara pacy, AICP
Community Development Director
BD/dn
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by April 21, 1992.
12D
Concur with action taken
� unroF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus
7017 Valley View Road
Minneapolis, MN 55439
Dear Mr. Klus:
April 7, 1992
On April 6, 1992, the Fridley City Council officially approved your
request for a special use permit, SP #92-01, to allow motor vehicle
fuel and oil dispensing service as an accessory use to a
convenience store, on Lot 1, Block 1, Pearson's 1st Addition, the
• same being 7883-7899 East River Road N.E., with the following
stipulations:
is
1. The variance request, VAR #92-02, shall be approved.
2. A signage plan showing the placement and type of directional
signage shall be submitted prior to building permit
application.
3. The landscape plan, to include underground irrigation, shall
be approved by staff prior to issuance of a building permit.
Installation of the landscaping shall be completed by November
1, 1992,
4. A performance bond in the amount of 3% of the improvement cost
shall be submitted prior to issuance of a building permit.
5. The petitioner shall provide a copy of the executed lease
agreement to the City prior to issuance of a building permit.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
0
0
Walter Klus
April 7, 1992
Page 2
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
Please review the above, sign. the statement below and return one
copy to the City of Fridley Planning Department by April 21, 1992.
12C
Concur with action taken
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 10
14. EXTENSION OF SPECIAL USE IT REQUEST, SP 92 -
VARIANCE REQUEST, `: BY WALTER KLUS GE]
LOCATED AT 7883 EAS RIVER ROAD N_F._:
MOTION by Councilman Billings to grant an extension of Special Use
Permit Request, SP #92-01, and Variance Request, VAR #92-02 until
April 30, 1994. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilwoman Jorgenson to receive a copy of a letter
dated October 18, 1993 from Brooks Foods, Inc. addressed to Wally
Klus. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
15. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 1 1993, FOR AN
ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT PF
PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE:
MOTION by Councilwoman Jorgenson to set the public hearin on this
proposed ordinance for November 1, 1993. Secondedby ouncilman
Billings. Upon a voice vote, all voting aye, Mayor ee declared
the motion carried unanimously.
MOTION by Councilman Billings to make acopy f this proposed
ordinance available to the Focus News for an in rmational article.
Seconded by Councilwoman Jorgenson. Upon a v ice vote, all voting
aye, Mayor Nee declared the motion carried nanimously.
16.
7875 RANCHERS ROAD N.E.:
THE CITY OF FR]
Ms. Dacy, Community Development Director, stated that Steinwall,
Inc. wishes to construct a gazebo in a drainage and utility
easement. She stated that they want this gazebo in order to
provide an exterior smoking room for their employees who smoke, as
the company has institut a smoke-free policy. She stated the
utility companies have een contacted, and they do not have any
concerns regarding the location of this gazebo. She stated that
it is recommended t at the Council approve the hold harmless
agreement with Steil all, Inc. to allow construction of the gazebo
in the easement w 'ch releases the City from any liability should
the easement nee to be accessed by any of the utility companies
or the City.
MOTION byuncilman Billings to approve the hold harmless
agreement b tween the City and Steinwall, Inc. and authorize the
appropria City officials to execute same. Seconded by
Councilw an Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee de ared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 9
restricted to managers of these establishments obtaining a license
and eliminating the other employees from this requirement.
Councilman Billings stated that he worked with the Police
Department and Finance Director in drafting the language to
eliminate this license for waiters, waitresses, and bar nders.
He stated that in checking with the on -sale liquor license
operators, they do not rely on the City's investigation w en hiring
their personnel. This requirement only applies to the ne on -sale
businesses that have a liquor license in the City and of the club
licenses.
MOTION by Councilman Billings to waive the readin and approve the
ordinance on first reading. Seconded by Counc' woman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee eclared the motion
carried unanimously.
10.
MINNESOTA LAWFUL
LEGION POST 303•
-1993 IN SUP
Mr. Pribyl, Finance Director, stated that the Minnesota Gambling
Control Board requires local jurisdi ions to adopt a resolution
approving or denying this type of pr mise permit.
MOTION by Councilwoman Jorgenson adopt Resolution No. 85-1993.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the mot'on carried unanimously.
11.
IAl-
�i7
MOTION by Councilman Bi ings to adopt Resolution No. 86-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declare the motion carried unanimously.
12.
MOTION by Counci
Seconded by Cou
aye, Mayor Nee
13.
NO. 7-1993 IN SUPPORT O]
AWFUZ GAMBLING PREMISE PERM
?ILAAN S 6310 HIGHWAY 65 N.E
man Jorgenson to adopt
lman Billings. Upon a
ared the motion carried
Mn 00-1001 TAT CTTDDnDrP n1
Resolution No. 87-1993.
voice vote, all voting
unanimously.
PLICATI
MOTION by Councilman Billings to adopt Resolution No. 88-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus
W. W. Klus Realty, Inc.
5100 Eden Avenue, #112
Minneapolis, MN 55436
Dear Mr. Klus:
October 21, 1993
On October 18, 1993, the Fridley City Council officially approved
your request for an extension of your special use permit, SP #k92-
01, and variance, VAR #92-02. The extension is granted until April
30, 1994. If you are unable to begin construction on the project
for which these requests were granted and need another extension,
please contact me three weeks prior to April 30, 1994 so that I may
schedule an extension to be reviewed by the City Council.
If you have any further questions regarding this issue, please
contact me at 572-3593.
Please sign the statement below and submit one copy to my attention
by November 5, 1993.
Sin erely,
Mic ele McPherson, BLA
Planning Assistant
MM/dn
Concur with action taken
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: October 13, 1993
TO: William Burns, City Manager ''
�4
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Extension of Special Use Permit, SP #92-01, and
Variance, VAR #92-02, by Walter Klus; 7883 East
River Road N.E.
The petitioner has requested that the City Council extend the two
land use requests, SP #92-01 and VAR #92-02, for a period of six
months beginning October 31, 1993. That is the date the City
Council previously set for the expiration of the land use requests.
The petitioner has indicated in his letter that he will be applying
for a building permit to install the gasoline pumps as requested
in the land use requests, however, that construction may not begin
prior to October 31, 1993.
Staff recommends that the City Council extend the special use
permit and variance requests until April 30, 1994.
MM/dn
M-93-601
14
W. W. Klus Realty, Inc. --o-
Retail Real Estate Specialists
Suite 112 • 5100 Eden Avenue • Minneapolis, MN 55436 • (612) 922-2560 • FAX (612) 922-2927
October 4, 1993
Ms. Michele McPherson, Planning Assistant
City Of Fridley
6431 University Avenue, N.E.
Fridley, MN 55432
RE: Request for Extension
Special Use Permit # SP #92-01
Variance #92-02
Dear Michele:
Per your letter of April 26, 1993 I am requesting an extension of
the Special Use Permit ##92-01 and the Variance #92-02 for a
maximum of six (6) months from the expiration date of October 31,
1993.
I anticipate we may well have already received our permits for
the work prior to October 31, 1993; however it could take more
time to work out some operational conditions, currently existing,
which I feel must be corrected prior to the installation of the
gasoline.
We are in a position to put in the gasoline, but I feel we need a
top flight operation to assure success of the investment.
Thank you for your assistance.
Very truly yours,
Walter W. Klus
Property Owner
r1
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Site Selection • Asset Management • InN, lerty Brokerage • Property Management
14A
� CINOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6,431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 26, 1993
Walter Klus
Klus Realty
5100 Eden Avenue, Suite 112
Minneapolis, MN 55436
Dear Mr. Klus:
(COPY
On April 19, 1993, the Fridley City Council officially granted an extension
of your special use permit request, SP #92-01, and variance request, VAR #92-
02. The extension was granted until October 31, 1993. If you are unable to
be -in construction on the project for which these requests were granted and
n( 1 another extension, please contact me three weeks prior to October 31,
1993, so that I may schedule a second extension to be reviewed by the City
Council.
If you have any further questions regarding this issue, please contact me at
572-3593.
Please :3ign the Action Taken Letter below ar:, submit one copy to the Planning
Department by May 10, 1993.
Sincerely,
I - �1,� �
Michele McPherson
Planning Assistant
Concur with action taken
0
FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Page 15
10. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 206, ENTITLED "BUILDING CODE," BY AMENDING
RR TTnM inn nZ 111:)V1DMTT 101ML•C 11 lkmn nVr1 %nTT.VTATf- fNTJ7."P''D 11
11,PWIM0 to
31
MOTION by Councilman Schneider to waive the reading nd approve the
ordinance on first reading. Seconded by Counci oman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee d lared the motion
carried unanimously.
11.
REHABILITATION PROJECT:
OF
:TED FUNDS
MOTION by Councilman Schneider to reallocate $1,694.40 of
unexpected funds from the 1991 Human rvices Community Development
Block Grant allocation to the housi g rehabilitation project.
MOTION by Councilman Billings to strike "housing rehabilitation"
from the motion and insert human services." Seconded by
Councilwoman Nancy Jorgenson.
Councilman Billings asked i Anoka County was bumping up against
the maximum amounts allowefor human services funding under CDBG
guidelines.
Ms. Dacy, Community Dev lopment Director, said that she recently
talked with JoAnneWri t. She said Ms. Wright notified the cities
that they would be 7date
e to fund all of the cities' human services
requests, and that she saw no problem with bumping against
a cap.
Councilman Billin s asked Ms. Dacy if there were any deadlines for
reallocation of hese funds.
Ms. Dacy said here were none.
Councilman illings asked if there were any public hearing
requirement for reallocation of these funds.
Ms. Dacy eplied that they were not technically required in this
situatio .
Counc' man Billings asked if we should have a public hearing. He
said wouldn't using the allocation for Human Services purposes
cau e less problems than transferring the money to a new subject
ar a --mainly, housing.
. Dacy agreed.
FRIDLEY CITY COIINCILMEETING OF APRIL 19, 1993 Page 16
Mayor Nee asked what Human Services -was getting, and s. Dacy
stated that she needed to verify the numbers.
Councilman Schneider indicated that he was again the amendment.
He said that Council stated housing was thei highest priority.
He said he finds it difficult to concent a on too many top
priorities at the same time, and he finds rther that this is the
consistent point that Council has been ling staff.
Councilwoman Jorgenson indicated at recently an unexpected
$30,000 received in CDBG funding w s put into the housing program.
She said that the $1,684 are fus that were previously allocated
for human services. She said a has no problem putting it there.
She said that we need_ to hav a balance between housing and human
services.
Ms. Dacy said that sh will contact JoAnne Wright regarding the
requirements for a p lic hearing.
Councilman Billin said that he wants to clearly emphasize that
he has no proble with the housing program. He said it was a fine
program. He i dicated, however, that since the amount of $1,684
was original allocated to human services two years ago, he
prefers to t it there.
Councilm Schneider said that he is not opposed to human services,
but fe s strongly that the number one priority should be housing.
F3FMOT N by Councilman Billings to table this item until the May 3,
19 3, City Council meeting. Seconded by Councilman Schneider.
a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
12. EXTEND SPECIAL USE PERMIT S P #92-01 AND VARIANCE
VAR #92-02 TO WALTER N KLUS FOR PROPERTY GENERALLY LOCATED
AT 7899 EAST RIVER ROAD:
Ms. Dacy, Community Development Director, stated that on April 6,
1992, Council approved a special use permit and variance permit to
install gas tanks at the small shopping center located at the
intersection of East River Road and 79th Avenue. She said that for
various reasons Mr. Klus has been unable to install the tanks and
would like a one-year extension. She recommended a six-month
extension subject to three stipulations which she outlined.
Mr. Klus stated that he tried to find a petroleum supplier to
install and own the tanks, but was unsuccessful in doing this. He
discussed the history of the project and indicated that he now has
a solution for the installation of the tanks that is acceptable to
him and the bank.
FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Page 17
MOTION by Councilman Fitzpatrick to expend Special Use Permit, S.P.
#92-01 and Variance, VAR #92-02, to October 31, 1993, subject to
the following stipulations: (1) the variance was for the plan as
amended March 17, 1992; (2) Special Use Permit, S.P. #92-01, shall
be approved; and (3) an executed lease agreement that provides up
to ten parking spaces shall be submitted to the City. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. APPROVE REQUEST BY FRIDLEY UNITED METHODIST CHURCH TO WAIVE
TEMPORARY SIGN REQUIREMENTS:
MOTION by Councilman Fitzpatrick to approve the request by the
Fridley United Methodist Church to waive the temporal' sign
requirements. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the moti carried
unanimously.
14.
Mr. Hunt, Assistant to the City Manager/3.He
ned that the Charter
Commission was working through the Frty Charter and was
now working on completing Chapter said the Charter
Commission is requesting that a publicbe set on this item
for May 17, 1993.
Councilman Billings asked if the Charter Commission would be
sending back Chapter 2 without t e controversial parts that had
been discussed at previous Counc'1 meetings.
Mr. Hunt said the Charter Colydfiiss
ion is still working on it, and
that they are using languag suggested by Councilmember Schneider
to address one of the cont versial sections. He said the Charter
Commission is also addres ing other issues raised by Councilmember
Billings concerning Cha ter 2 of the Fridley City Charter.
Mr. Hunt said that h feels the amendments to Chapter 3 are very
constructive. /
MOTION by Counc' man Schneider to set the public hearing on an
ordinance amen
May 17, 1993.
vote, all v t
unanimously.
15.
ing Chapter 3 of the Fridley City Charter for
Seconded by Councilwoman Jorgenson. Upon a voice
ing aye, Mayor Nee declared the motion carried
80:101
-1993 A
Mr. unt, Assistant to the City Manager, explained the proposed
druq and alcohol policy. He said that in 1988 a federal law was
I � f,� -A,
FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Page 18
passed that requires us to have a policy indicating that w will
not tolerate the use of drugs in the work place. Addit' nally,
1989 state requirements established the need for local dru testing
policies.
Mr. Hunt said that under the policy befor/en
n 11, the City
will not tolerate drug and alcohol usage dng hours. He
said that the policy establishes procedureting for drugs
and alcohol where there is a reasonable sof the use of
drugs or alcohol. He also said the polides for random
testing for alcohol and drug use. He saidom tests will
impact truck drivers and all employees who ercial driver's
licenses as well as department managepublic safety
personnel.
Mr. Hunt indicated that he held eleven mtRythe,
tings with various groups
of employees. He said that Cyrus the City's labor
relations consultant, had considerabl input into the draft of the
ordinance and that our ordinance w compared to several other
cities. He said he felt that with e considerable input we have
had, our drug and alcohol policy i one of the best in the area.
Councilman Schneider asked Mr. mint to characterize the reaction
of employees at the meetings. /
Mr. Hunt said the reaction wasp generally positive.
Councilwoman Jorgenson aske)I who was impacted by random testing.
Mr. Hunt repeated t/roll
s of the employee groups that would be
impacted.
Councilwoman Jorgend whether the lifeguards were included.
Mr. Hunt indicated nder the drug and alcohol policy, any
person on the City pfor whom there is a reasonable suspicion
of drug and alcohol covered by the policy.
Councilwoman Jorge son said she wanted to make sure that it affects
summer employees.
Councilman Stev Billings asked if it covers the City Council.
Mr. Hunt indi ated that it did. He stated that drinking at
different fun ions such as AMM receptions was permissible as long
as drinking w s considered part of the function.
Mr. Herrick City Attorney, asked about the definition of "under
the influericell contained Section II(C)(15) in the policy.
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
Walter Klus
7017 Valley View Road
Minneapolis, MN 55439
Dear Mr. Klus:
April 7, 1992
On April 6, 1992, the Fridley City Council officially approved your
request for a variance, VAR #92-02, to reduce the hard surface
setback from 20 feet to 6 feet, to allow the construction of a
gasoline pump island on Lot 1, Block 1, Pearson Is 1st Addition, the
same being 7883-7899 East River Road N.E., with the following
stipulations:
1. The variance was for the plan as amended March 17, 1992.
2. Special Use Permit, SP #92-01, shall be approved.
3. An executed lease agreement, that provides up to ten parking
spaces, shall be submitted to the City.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Sincerely, '
Barbara Dacy, AICP
Community Development Director
BD/dn
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by April 21, 1992.
�Con�cur th-action taken
As there is the demand, there is the opp tunity to lease up to ten
spaces. Four is the critical numbe ow, and he did not envision
that he will need ten spaces ny time. These spaces will be
designated for employee pa 'ng only. Mr. Lupient is out of town
right now, and he will finalize the lease agreement when
Mr. Lupient returnsc
Upon a voice -vote, all voting aye, Mayor Nee declared the motion
carri &--unanimously.
9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 17, 1992•
A. VARIANCE REQUEST, VAR #92-02, BY WALTER KLUS, TO REDUCE THE
HARD SURFACE SETBACK FROM 20 FEET TO 17 FEET AND 20 FEET TO
14 FEET, TO ALLOW THE CONSTRUCTION OF A GASOLINE PUMP ISLAND,
GENERALLY LOCATED AT 7899 EAST RIVER ROAD N.E.
Ms. Dacy stated that the variance request is in two parts: (1) to
acknowledge an existing encroachment from the parking area on the
north side of the property from 20 feet to 17 feet; and (2) to
reduce the hard surface setback from 20 feet to 14 feet to allow
a 6 foot encroachment for the expansion of the parking area on the
northwest portion of the site.
Ms. Dacy stated that because of the acquisition of at least four
parking spaces, the petitioner withdrew a variance request for a
hard surface setback from 20 feet to 6 feet on the southwest
portion of the site.
Ms. Dacy stated the Appeals Commission recommended approval of the
variance request subject to three stipulations:
1. The variance was for the plan as amended March 17, 1992.
2. Special Use Permit, SP #92-01, shall be approved.
3. A copy of the executed lease agreement shall be submitted
to the City.
Ms. Dacy stated Anoka County may take the first 10 feet of the
property for the expansion of East River Road; however, those plans
are not finalized for this particular area.
MOTION by Councilman Fitzpatrick to grant Variance Request,
VAR #92-02, to reduce the hard surface setback from 20 feet to 17
feet to correct an existing encroachment and to reduce the hard
surface setback from 20 feet to 14 feet, with the following
stipulations: (1) The variance was for the plan as amended March
17, 1992; (2) Special Use Permit, SP #92-01, shall be approved; (3)
A copy of the executed lease agreement shall be submitted to the
City. Seconded by Councilman Schneider.
FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 10
Councilman Billings stated that he would like Stipulation #3
clarified to state that although the executed lease agreement
provides for a minimum of four parking spaces now, there is the
possibility of up to ten parking spaces as needed.
MOTION by Councilman Billings to amend stipulation #3 as follows:
"An executed lease agreement that provides up to ten parking
spaces, shall be submitted to the City." Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Upon a voice vote, all voting aye, Mayor Nee declared the main
motion carried unanimously.
10. RESOLUTION NO. 33-1992 AUTHORIZING CONSTRUCTION OF A GARAGE
WITHIN A UTILITY EASEMENT (WAYNE A. JOHNSON AND MARY C.
JOHNSON):
MOTION by Councilman Billings to adopt Resolution No. 33-1992.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. RESOLUTION NO. 34-1992 AUTHORIZING CONSTRUCTION'OF A DECK INTO
A DRAINAGE EASEMENT (KENNETH P. SCHULTZ AND HOLLY M. SCHULTZ):
MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1992.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. APPROVAL OF OFFER TO PURCHASE ALDEN GERSZEWSKI PROPERTY,
7885 BROAD AVENUE N.E.:
MOTION by Councilman Fitzpatrick, to authorize the purchase of the
Alden Gerszewski property at 7885 Broad Avenue N.E. Seconded by
Councilwoman Jorgenson. Upon a%voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. RECEIVE PROPOSALS AND AWARD BUILDING CLEANING AND MAINTENANCE
CONTRACT:
MOTION by Councilwoman Jorgenson to receive the following proposals
for the building cleaning and maintenance contract.
Company Total Proposal
Town & Country $31,200 (No meetings/security)
Stop& Sme the Roses $36,000 (With windows)
Mainten nce Experts $36,084
Ivesie
$40,320
S AFF REPOAT
APPEALS DATE March 17, 1992
CITY OF PLANNING COMMISSION DATE
FRIDLEY CITY COUNCIL DATE April 6, 1992 AUTHOR MM/ls
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
& ZONING
UTILITIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHENSIVE PLAN
COMPATIBILITY WITH
ADJACENT USES & ZONING
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
VAR #92-02
Walter Klus (Riverboat Center)
To reduce the hard surface setback from 20 feet to 6 feet
& to reduce the hard surface setback from 20 feet to 17 f
7899 East River Road
42,121 sq. ft.
C-1, Isocal Business
R-3, General Multiple Family avelling, to N, S, E, F{ 1°7
Denial
Approval with stipulations
9A
•
0
Staff Report
VAR #92-02, Riverboat Center, 7899 East River Road
Page 1
A. STATED HARDSHIP:
None stated.
B. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner is requesting a variance to reduce the hard
surface setback along the public right-of-way from 20 feet to
6 feet to allow the installation of gas pumps and canopy. A
variance to reduce the hard surface setback from 20 feet to
17 feet will need to be granted in order to correct an
existing encroachment. The request is for Riverboat Center,
the same being 7899 East River Road.
The petitioner is also processing a special use permit in
order to comply with Section 205.13.01.C.7 to allow motor
vehicle fuel and oil dispensing service as an accessory use
to a convenience store. The special use permit will be
reviewed by the Planning Commission on March 25, 1992. The
special use permit will address on-site traffic and signage.
Site
The subject parcel is located at the southeast corner of 79th
Avenue and East River Road. Located on the property is a
single story multi -tenant building. The property is zoned C-
1, Local Business. Properties on all sides are zoned R-3,
General Multiple Family Dwelling.
Analysis
Section 205.13.05.D.(5).(a) of the Fridley City Code requires
all parking and hard surface areas to be no closer than 20
feet from any street right-of-way.
Public purpose served by this requirement is to limit visual
encroachment into neighboring sight lines and to allow for
aesthetically pleasing open areas adjacent to public right-
of-ways.
The site is unique in its shape as it is triangular versus the
typical square loopback parcel. The property was granted two
variances to reduce the rear and side yard building setbacks
in 1978. Except for the two variances granted and the
additional encroachment of 3 feet of the parking area into the
•
•
Staff Report
VAR #92-02, Riverboat Center, 7899 East River Road
Page 2
setback, the site meets the Code requirements. The landowner
is choosing to add the gas pumps and canopy; thereby requiring
a redesign of the parking area to meet the Code requirements.
The redesign of the parking area requires that the hard
surface encroach into the required setback area.
The petitioner's decision to add the gas pumps and canopy
results in a reduction of available parking spaces.
Therefore, the petitioner redesigned the hard surface area,
causing the encroachment. without the addition of the gas
pumps, the site meets the Code requirements. It is only
through the petitioner's action that a variance is needed.
If the variance is not granted, the site will be short six
parking spaces.
Recommendation and Stipulation
Staff recommends that the Appeals Commission recommend denial
of the requested variance to reduce the hard surface setback
from 20 feet to 6 feet. Staff recommends, however, that the
Appeals Commission recommend approval of a variance to reduce
the required hard surface setback from 20 feet to 17 feet to
correct an existing encroachment of the hard surface area.
If the Commission chooses to recommend approval of the
requested variance, staff recommends the following
stipulation:
1. Special Use Permit, SP #92-01, be approved.
als Commission Action
The Appeals Commission voted unanimously to recommend approval
of a variance to reduce the hard surface setback from 20 feet
to 14 feet and 20 feet to 17 feet. The petitioner reached an
agreement with the adjacent property owner to lease four
spaces in the apartment complex's parking lot. This
eliminated the need to expand the parking area on the west
side of the southerly entrance. The Commission stipulated
that:
1. The variance was for the plan as amended - March
17, 1992.
2. Special Use Permit, SP #92-01, by approved.
3. A lease agreement shall be submitted to the City.
City Council Recommendation
Staff recommends that the City Council deny the variance
request, except to reduce the hard surface setback from 20
feet to 17 feet (an existing condition).
NJ 4
i
Community Development Department
L� PLANNING DIVISION
City of Fridley
DATE: April 1, 19924AI-
TO: William Burns," City Manager
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Variance Request, VAR #92-02, by Walter Klus;
7883 - 7899 East River Road
Attached please find the staff report for the above -referenced
request. The original variance request was to reduce the hard
surface setback from 20 feet to 6 feet, and to reduce the hard
surface setback from 20 feet to 17 feet. Prior to review of the
request by the Appeals Commission, the petitioner obtained a lease
agreement with the adjacent apartment property owner to provide up
to ten leased parking spaces, which eliminated the necessity for
the variance request to reduce the hardsurface setback from 20 feet
to 6 feet. The Appeals Commission recommended to the City Council
approval of a variance request to reduce the hardsurface setback
from 20 feet to 17 feet to correct an existing encroachment, and
to reduce the hardsurface setback from 20 feet to 14 feet. The
Appeals Commission stipulated the following:
1. The variance was for the plan as amended March 17, 1992.
2. Special Use Permit, SP #92-01, shall be approved.
3. A copy of the executed lease agreement shall be submitted to
the City.
Staff recommends that the City Council deny the variance request,
to reduce the hardsurface setback from 20 feet to 14 feet; however,
staff recommends the City Council approve the variance request to
reduce the hardsurface setback from 20 feet to 17 feet to correct
the existing encroachment.
MM/dn
M-92-214
MIDWEST MANAGEMENT, INC.
715 FLORIDA AVENUE SOUTH, SUITE 207 • P.O. BOX 26280 • MINNEAPOLIS, MINNESOTA 55426-1758
March 17, 1992
Walter W. Klus
W. W. Klus Realty, Inc.
5100 Eden Avenue
Suite 112
Minneapolis, MN. 55436
Dear Mr. Klus:
This will have reference to the four parking spaces for which you wish
and easement from us so you can put in gas pumps at your shopping center
in Fridley. As I mentioned to you, our mortgage company will not allow
us to deed an easement to you, but we are willing to enter into a long
term contract leasing you the four spaces that you need.
When you have the terms and conditions confirmed, let me know and I will
sign the lease.
Thank you.
Sincerely,
Claudia Aronsohn
Property Manager
OFFICE (612) 546 -SH• FAX (612) 544-8517
011VERBOAT CENTER
LEASING PLAN
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING, MARCH 17, 1992
CALL TO ORDER•
Chairperson Savage called the March 17, 1992, Appeals Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Diane Savage, Larry Kuechle, Kenneth Vos,
Cathy Smith
Members Absent: Carol Beaulieu
Others Present: Michele McPherson, Planning Assistant
Walter and Caroun Klus, 7899 East River Road
Jeff Jones, 7851 Firwood Way
APPROVAL OF MARCH 10, 1992, APPEALS COMMISSION MINUTES:
MOTION by Mr. Kuechle, seconded by Ms. Smith, to approve the March
10, 1992, Appeals Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. CONSIDERATION OF VARIANCE REQUEST VAR #92-02, BY WALTER KLUS
(RIVERBOAT CENTER):
Per Section 205.13.05.D.(5).(a) of the Fridley City Code, to
reduce the hard surface setback from 20 feet to 6 feet and 20
feet to 17 feet, to allow the construction of a gasoline pump
island on Lot 1, Block 1, Pearson's First Addition, the same
being 7899 East River Road.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the property is located at the intersection
of 79th Way and East River Road. The Meadow Run Apartments are
directly to the east of the subject property. The property is
zoned C-1, Local Business, and the surrounding parcels are all
zoned R-3, General Multiple Family Dwelling.
9L
APPEALS COMMISSION MEETING MARCH 17 1992 PAGE 2
Ms. McPherson stated the petitioner is proposing to make some site
improvements by adding a pump island within the parking area. The
addition of the pump island not only requires variances to reduce
the existing hard surface setback, but will also require approval
of a special use permit by the Planning Commission and City
Council.
Ms. McPherson stated the site is unique in its shape as it is more
of a triangular loopback parcel versus the typical square parcel.
The site was granted two variances in 1978 for the rear and side
yard building setbacks. As the site currently exists, it does meet
the remaining code requirements for parking and hard surface
setbacks, with the exception of two encroachments of the hard
surface setback of about 3 feet.
Ms. McPherson stated that adding the pump island to the site
requires a redesign of. the hard surface areas on site. Without
redesigning the hard surface areas, the parking would not meet the
code requirements. If the variances are not granted, the site will
be short six parking spaces. Based on the uses on site, if more
retail uses move into the building versus more office uses, the
parking ratio and the shortage could be greater or less than the
six that is currently calculated.
Ms. McPherson stated staff is recommending that the Appeals
Commission recommend denial of the variance to reduce the hard
surface setback from 20 feet to 6 feet in the southwest corner of
the property. However, staff is recommending that the Appeals
Commission recommend approval of the variance to correct the
existing encroachment. If the Commission recommends approval of
the variance request, staff recommends the following stipulation:
1. Special use permit, SP #92-01, shall be approved.
Ms. McPherson stated the Commission members have a copy of a letter
from the property owner of Meadow Run Apartments allowing a lease
arrangement for up to four parking spaces. That is something that
came up before the meeting, and staff has not had the opportunity
to analyze this change.
Ms. Savage asked the petitioner to outline his hardship.
Mr. Walter Klus stated that he and wife own and operate the
Riverboat Center. He stated their hardship today is that they are
not competitive with the other convenience store businesses in the
area, and they are having a difficult time keeping their project
viable because of the advent of the SuperAmerica station at Osborne
Road and East River Road. They feel they cannot be competitive
with what is happening in this area without the pump island. They
do not feel having gasoline pumps is a panacea; however, they
cannot find a convenience store that will operate without gasoline
pumps. They have a sizable investment in the convenience store
9M
APPEALS COMMISSION MEETING, MARCH 17, 1992 PAGE 3
space (34% of the center). In this current financial market, they
cannot borrow the money to redo the convenience store space. In
fact, no banks or lenders will even lend money to refinance the
center.
Mr. Klus stated they are trying to improve the center. They have
changed the convenience store operation. They now have Brooks
Foods which is a very viable operator. They believe this is an
operation that will be very pleasant and an asset to the area, but
this operation is contingent upon whether or not they can sell
gasoline.
Mr. Klus stated they have taken another look at the four parking
spaces proposed in the southwest corner and because this area drops
off so dramatically, they did not think this is a viable place for
parking. Jim Lupient owns the Meadow Run Apartments, and he has
agreed to lease on a long term basis four parking spaces for
employee parking only. Four to ten spaces can be leased if more
are needed.
Ms. Savage asked how the lease agreement would affect the staff
recommendation.
Ms. McPherson stated the proposal to lease parking spaces from the
adjacent property owner would eliminate the largest of the two
proposed encroachments. So, the City would be looking at an
encroachment of 20 feet to 14 feet. The Code specifically states
that parking required by the use needs to be provided on site;
however, it has not been unusual for the City to grant variances
based on a lease agreement from other property owners adjacent to
a subject parcel. The Commission has to look at the site and
determine if it merits the variance request. The lease agreement
would ensure adequate parking is provided, but that still does not
eliminate the fact that the Code does require that parking needs
to be provided on site for the use.
Dr. Vos asked the estimated number of employees in the center
during the daytime -hours.
Mr. Klus stated that there would probably not be more than seven
employees on site during the day. He stated he attempted to
purchase some additional property from Meadow Run Apartments, but
because it is a HUD mortgaged property, they cannot sell off any
property and cannot give him an easement for parking, so that is
why they have gone with the lease arrangement.
Mr. Klus stated the biggest hardship is that this is an odd -shaped
parcel, making it extremely difficult to add parking on site.
Dr. Vos asked the lot coverage.
9N
APPEALS COMMISSION MEETING MARCH 17 1992 PAGE 4
Ms. McPherson stated the lot is approximately 42,000 sq. ft. and
the building coverage is approximately 18 1/2 percent.
Dr. Vos stated that since this parcel is triangular in shape, there
are certain constraints on the three sides. The building is not
set on the property parallel with East River Road, and the building
and the parking is also at an angle.
Dr. Vos asked if Anoka County would take more property for widening
East River Road.
Ms. McPherson stated she faxed the site plan to Anoka County
Highway Department. The City Engineering Department feels that it
is possible that the County may take additional right-of-way, but
that has not been confirmed. If anything, the existing green space
may be taken away.
Ms. Smith asked if there is any other way the pump island could be
situated on the site.
Mr. Klus stated the architect put together three drawings, and they
tried to find the most logical way to make it work. Because of the
traffic flow, they believed this plan would cause the least
congestion.
Mr. Jeff Jones, 7851 Firwood Way, stated he lives across from the
center on Firwood Way. There are a lot of residential areas along
East River Road, and there seems to be a number gas stations with
convenience stores already along East River Road. He did not see
the need for another gasoline station on East River Road. He is
concerned about the volume of traffic and the car lights shining
right across the street into their property. He is not so
concerned about the parking lot as he is about the gasoline pumps.
He did not think it is ethical to put another gas station on East
River Road.
Mr. Klus stated the positive feature of their center is that they
are on a signalized corner where they can control traffic. They
do not yet know what brand of gasoline they are going to sell.
They are trying to run a viable operation. He stated the center
is looking at the back of the houses on Firwood Way. He would be
very concerned if they were looking at the front of those houses.
One of the reasons they directed the pump island the way they did
was to keep any lights from being directed across the street. He
stated they are very aware of their neighbors, they appreciate the
neighbors' comments, and they have tried very hard to address those
concerns.
Ms. Savage asked how the variance request would be affected by the
revised plan with the leased parking spaces.
APPEALS COMMISSION MEETING MARCH 17 1992 PAGE 5
Ms. McPherson stated the original request was for 20 feet to 6 feet
in the southwest corner of the property. The amended proposed
plan, which includes the leased spaces, eliminates that lower
corner and reduces the variance request from 20 feet to 14 feet.
MOTION by Ms. Kuechle, seconded by Dr. Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:04 P.M.
Mr. Kuechle stated he would be in favor of recommending approval
of the revised variance request from 20 feet to 14 feet. It seems
the economic hardship is sufficient, and it also seems that the
encroachments, because they are diagonal, really do not involve
very many square feet. The real reason for the Code requirement
is to maintain sufficient green area. Allowing the 6 foot
encroachment really doesn't produce very much in terms of square
footage in a green area, so he did not see that as a serious
concern. He would also recommend approval of the existing
encroachment. He would like to add a stipulation that the variance
would be for this site plan only.
Ms. Smith stated she was reluctant to approve a setback from 20
feet to 6 feet, but she does see a hardship in the way the property
is laid out. It does not appear that there is much that can be
done with this piece of property. She would recommend approval.
Dr. Vos stated he agreed.
Ms. Savage also agreed. She stated that under the State Statute,
the economic hardship is not sufficient. But, she did feel that
the additional hardship is that this is a unique parcel in its
shape and size. The comments about the spirit of the code being
met with the green spaces is an additional reason to vote in favor
of the variance request.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend to City
Council approval of variance request, VAR #92-02, by Walter Klus,
per Section 205.13.05.D.(5).(a) of the Fridley City Code to reduce
the hard surface setback from 20 feet to 14 feet as set forth in
the amended proposal and to reduce the hard surface setback from
20 feet to 17 feet to correct an existing encroachment, with the
following stipulations:
1. Special use permit, SP #92-01, be approved.
2. The variance request is contingent upon a lease agreement
with Meadow Run Apartments for additional parking spaces
for employee parking.
3. The variances are for the revised site plan only.
•
APPEALS COMMISSION MEETING, MARCH 17, 1992 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT:
MOTION by Ms. Smith, seconded by Mr. Kuechle, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Savage
declared the motion carried and the March 17, 1992, Appeals
Commission meeting adjourned at 8:12 p.m.
Res ectfullysu fitted,
r.'40 E A W --
Lyfiye Saba
Recording Secretary
Mol
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, March 17, 1992,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #92-02,
by Walter Klus (Riverboat Center):
Per Section 205.13.05.D.(5).(a) of the Fridley
City Code, to reduce the hard surface setback
from 20 feet to 6 feet, to allow the
construction of a gasoline pump island on Lot
1, Block 1, Pearson's First Addition, the same
being 7899 East River Road.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than March 10,
1992.
PUBLIC HEARING
BEFORE THE
APPEALS COMMISSION
Notice is hereby given that the Appeals Commission of the City of
Fridley will conduct a Public Hearing at the Fridley Municipal
Center at 6431 University Avenue N.E. on Tuesday, March 17, 1992,
at 7:30 p.m. for the purpose of:
Consideration of variance request, VAR #92-02,
by Walter Klus (Riverboat Center):
Per Section 205. 13. 05.D.(5).(a) of the Fridley
City Code, to reduce the hard surface setback
from 20 feet to 6 feet, to allow the
construction of a gasoline pump island on Lot
1, Block 1, Pearson's First Addition, the same
being 7899 East River Road.
Any and all persons desiring to be heard shall be given the
opportunity at the above stated time and place.
DIANE SAVAGE
CHAIRPERSON
APPEALS COMMISSION
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than March 10,
1992.
MAILING LIST
• VAR #92-02
7899 East River Road Mailed: 3/6/92
John Zielinski Resident V. Froneyberger
7889 Firwood Way 7891 Firwood Way 7885 Firwood Way
Fridley, MDT 55432 Fridley, MDT 55432 Fridley, MDT 55432
Walter Klus Jeffrey Jones William Walus
7899 East River Road 7851 Firwood Way 221 79th Way N.E.
Fridley, MDT 55432 Fridley, TAT 55432 Fridley, MN 55432
Walter Klus Resident Resident
7017 Valley View Road 7845 East River Road 211 - 79th Way N.E.
Minneapolis, mN 55439 Fridley, MDI 55432 Fridley, MDT 55432
Resident Five Sands Dev. Co.-- D-62 Properties
7865 Firwood Way Midwest Management 112010 Woodhill Lane
Fridley, R4 55432 7100 Wayzata Boulevard Blaine, MDT 55434
Minneapolis, MDT 55426
Michael Betz
2712 Terrace Drive Resident Cynthia Czichary
Burnsville, MDT 55337 7895 East River Road 7879 Firwood Way
Fridley, MDT 55432 Fridley, My 55432
ResidentResident Kirylo Czichray
Firwood Way
a
7869 Firwood Way 7875 East River Road 788 7881 1FMN ay
Fridley, M55432 Fridley, MDT 55432 Fridley'55432
Resident Michael Klismith John Arvanitis
7861 Firwood Way7875 Firwood Way
7905 East River Road
Fridley, MDT 55432 Fridley, MDT 55432 Fridley , MDT 55432
Roger Carey Walter Kuckes Clarence Fischer
10270 Mississippi Blvd. NW 1340 Ninth Aenue South 7897 Firwood Way
Coon Rapids, MN 55433 St. Cloud, MDT 56301 Fridley, MST 55432
Resident Resident Resident
7857 Firwood Way 231 79th Way I.T.E. 7893 Firwood Way
Fridley, MDT 55432 Fridley, MDT 55432 Fridley, MN 55432
Resident Richard Peterson Diane Savage
7883 Firwood Way 7939 East River Road
Fridley, MDT 55432 Fridley, MDT 55432 City Council/City Manager
I AW COMMISSION APPLICATION REVIEW
IAppeals
FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION VAR #92-02
ClIYOF 2 2-20-92 3-17-92 7899 East River Road
FRIDLEY Hard surface setback/
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
1 ❑ BARB D.
[��MICHELE M.
MARK�2W�
❑ JOHN F.
REL
YDE M.
JIM H. 3-7
❑"CHUCK M.
COMMENTS
&,e ioc. 2� ��. � (5� (� - —ia v-"cp-g6Le,
CITY OF FRIDLEY • •
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432 Ccammi.ty Development Department
(612) 571-3450
VARIANCE APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittals; see attached
Address: 7999 East River Road
Legal description: Lot 1, Block 1 Pearson's First Addition
Lot
:.,
Tract/Addition
Current zoning: C-1 Square footage/acreage 42,121 sq. ft.
Reason for variance and hardship:
Section of City Code:
FEE OWNER INFORMATION
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NA1"� Walter W. Klus
ADDRESS 7017 Valley View Road Minneapolis, MN 55439
DAYT TME PHS 922-2560
r J;
PEPITIONER INFORMATION
N[-1L'I1 _Walter W_ K111,
ADDRESS 7017 Valley View Road Minneapolis, MN 55439
DATE
DAYTIME PHONE 922-2560
SIGNATURE DATE
------------------------------------------------------------------------------
Fee: $100.00
$ 60.00 for residential properties
Permit VAR # 1'J, - 0y Receipt # zf ,� Y 7
Application received by:
Scheduled Appeals Commission date:��-
Scheduled City Council date:
91
CITY OF FRIDLEY PLAN REVIEW CHECKLIST
Applicants for vacations must submit the legal description of the
parcel (easement, street, etc.) to be vacated.
Complete site plans, signed by a registered architect, civil
engineer, landscape architect, or other design professional, to
include the following:
A. General:
1. Name and address of project
2. Legal description (certificate of survey may be required)
3. Name, address, and telephone number of applicant,
engineer, and owner of record
4. Date proposed, north arrow, scale, number of sheets, name
of drawer
5. Description of intended use of site, buildings, and
structures including type of occupancy and estimated
occupancy load
6. Existing zoning and land use
7. Tabulation box indicating:
(i) Size of parcel in sq. ft.
(ii) Gross floor area of buildings
(iii) Percent of site covered by building
(iv) Percent of site covered by impervious surface
(v) Percent of site covered by green area
(vi) Projected number of employees
(vii) Number of seats if intended use is a restaurant or
place of assembly
(viii) Number of parking spaces required
(ix) Number of parking spaces provided including
handicapped
(x) Height of all buildings and structures and number of
stories
B. Site Plan:
1. Property line dimensions, location of all existing and
proposed structures with distance from boundaries,
distance between structures, building dimensions and
floor elevations
2. Grading and drainage plan showing existing natural
features (topography, wetlands, vegetation, etc.) as well
as proposed grade elevations and sedimentation and storm
water retention ponds. Calculations for storm water
detention/retention areas.
3. All existing and proposed points of egress/ingress
showing widths of property lines, turning radii abutting
rights-of-way with indicated center line, paving width,
existing and proposed median cuts, and intersections of
streets and driveways
4. Vehicular circulation system showing location and
dimensions for all driveways, parking spaces, parking lot
aisles, service roads, loading areas, fire lanes,
emergency access (if necessary), public and private
streets, alleys, sidewalks, bike paths, direction of
traffic flow, and traffic -control devices
5. Landscaping Plan
6. Location, access, and screening detail of trash
enclosures
7. Location and screening detail of rooftop equipment
8. Building elevations from all directions
9. Utility plan identifying size and direction of existing
water and sewer lines, fire hydrants, distance of
hydrant to proposed building
•
• 0
W. W. Klus Realty, Inc.-----
Retail
.•..,aRetail Real Estate Specialists
Suite 112 • 5100 Eden Avenue • Minneapolis, MN 55436 • (612) 922-2560 • FAX (612) 922-2927
February 12, 1992
Michele McPherson,BLA
Planning Assistant
City Of Fridley
Fridley Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
RE: Riverboat Center
SEC, East River Road & 79th Way
Fridley, MN
Dear Michele:
Thank you to you and to Barbara Dacy, your Community Development
Director, for taking time to discuss my interests in putting in
gasoline in conjunction with the convenience store at this strip
center.
I have field measured the spaces and am sending a copy of my
drawing to you via facsimile today. Should you have any questions
please feel free to call me.
I would sincerely appreciate your calling me and letting me know
what you determine to be the required parking spaces.
Thank you again for your assistance.
Very truly yours,
W. W. Klus Realty, Inc.
Walter W. Klus
O
M 0r r noniw
• °' ° ... °••'•' •••°°•'°• Site Selection • Asset Management • Investment Property Brokerage 0 Property Management
'/aw
GI7YOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287
January 31, 1992
Walter Klus
5100 Eden Avenue, #112
Minneapolis, MN 55436
Subject: Riverboat Center; 7899 East River Road N.E., Fridley
Dear Mr. Klus:
I have completed a review of the address file and a site inspection
for the above referenced property, and a review of the site plan
for the proposed pump island and canopy. I have the following
comments:
1. The proposed dumpster location may conflict with an existing
down -spout located on the east side of the building. I do not
believe that you will want water draining from the roof to
pour across the dumpster location, especially during cycles
of freezing and thawing.
In addition, it may be difficult for the garbage truck to
maneuver to access the dumpster. You may wish to have your
garbage hauler review the proposed site plan and comment.
2. The Engineering Department's preliminary review of the site
plan reveals that they would not require a drainage plan to
be submitted; however, this is subject to change.
3. The site plan will require approval of two variances. If you
recall, the City Council granted setback variances for the
rear and side yards in 1978. The two additional variances
needed are:
A. To reduce the number of parking spaces from 48 to 32;
B. To reduce the hardsurface setback from 20 feet to 13
feet.
4. Staff has concerns regarding how traffic will be directed
around the pump island from both East River Road and 79th
Avenue. It would be advisable for you to submit a signage
Walter Klus
January 31, 1992
Page 2
plan in addition to the site plan for the special use permit
process.
5. Staff will require that you submit a landscaping plan in
compliance with the C-1 district regulations. This will
require installation of a three foot berm, hedge, or
combination thereof around the parking areas along the public
right-of-way, underground irrigation, and additional trees.
These requirements are outlined in the C-1 district
regulations, which I gave you on Monday, January 27, 1992.
We will also require a performance bond to ensure that the
landscaping is completed.
We discussed the issue of signage for the center. You are aware
that you will need individual sign permits for each tenant sign,
and also a separate permit for the pylon sign, as well as scaled
drawings of the new signs. In addition, the comprehensive sign
plan for the center will need to be revised and approved by the
City Council. I have submitted a copy of the original
Comprehensive Sign Plan for your information.
In reviewing the file, I came across the 15 stipulations which were
conditions of approval for the 1978 rezoning request (see enclosed
City Council and Planning Commission minutes). Through my
investigation, it appears that most of the stipulations have been
completed. The City Council members have not changed dramatically
since the original approval in 1978, and they may choose to review
the stipulations for compliance. This emphasizes the need to
submit a landscape plan which complies with the zoning code
regulations.
I hope that fulfills your request for information regarding your
proposed addition to the Riverboat Center. If you have any
questions regarding my comments or the process, please contact me
at 572-3593. I believe that you have the appropriate applications
and development schedules in order to process the applications in
a timely fashion. If you need additional copies of any
information, please contact me.
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
C-92-36
RIVERBOAT CENTER
Fridley, Minnesota
SIGN CRITERIA
General Guidelines '
1. It is the intent of the sign program for RIVERBOAT CENTER that the
signage be creative and individual while operating within the
guidelines of this criteria.
2. Approval of store design drawings or working drawings and/or
specifications does not constitute approval of any sign work. Sign
approval procedure is spelled out later in this criteria.
3. Each Tenant shall be required to identify their premises with
approved signage prior to opening for business.
4. The furnishing and installation of signage and the cost incurred
shall be the responsibility of the Tenant. Sign construction is to
be completed within the guidelines of this criteria.
0 • Riverboat Sign Plan 3C
Sign Specifications
A. Freestanding Signage
1. Freestanding signs shall be limited to the identification pylon
sign for RIVERBOAT CENTER,
B. Exterior Signage
1. The sign area shall consist of the preconstructed back -lighted
sign area installed on the Mansard roof overhang. Tenant signage
area shall be assigned by RIVERBOAT CENTER management.
2. Sign material shall be 1/8" Lexon panels of colors approved by
RIVERBOAT CENTER management. The Lexon panel shall be 3' in
height by the width of the lease line as established by RIVERBOAT
CENTER management. (See paragraph #1 under B.)
3. Tenant signage shall consist of store identity only and copy shall
be limited to the Tenant's name and/or major product and/or service
offered. Corporate logos, emblems, shields, and similar identification
items shall be allowed provided they are contained within the allotted
area, and conform to the applicable height, width, and material
standards as established herein and which are approved by the owner.
4. Maximum letter and logo height on the signage area shall be 28".
Tenant signage must not be closer than 24" from lease line on both
right and left sides, and must be centered vertically in the sign area.
C. Sign Approval Procedure
1. Tenant shall submit three (3) sets of drawings and specifications to
the Landlord for approval. The drawing shall clearly show the
location, graphics, color, construction, and attachment details of
proposed signage.
2. RIVERBOAT CENTER management shall return one (1) set of drawings and
specs to the Tenant marked "Approved", "Approved based on Owner's
modifications" or "Disapproved." Drawings that have been returned
"Approved based on Owner's Modifications" are to be returned to the
Owner with the Tenant's approval of the modifications or new
drawings submitted within seven (7) days of receipt by Tenant.
Drawings that are disapproved are to be redesigned and resubmitted
for approval within seven (7) days of receipt by the Tenant. After
receiving RIVERBOAT CENTER management approval, the Tenant shall obtain
approval and permit from the city prior to installation of signage.
Riverboat Sign Plan
Prohibited Signs
1. Signs employing exposed raceways, ballast boxes, or transformers.
2. Moving or rotating signs.
r
3. Signs with moving or flashing lights.
4. Signs, letters, symbols, or identification of any nature painted
directly on exterior surfaces of the premises.
5. Cloth, wood, paper or cardboard signs, stickers, decals, or painted
signs on or around the exterior surfaces (doors and/or windows) of
this premises, without the expressed approval of RIVERBOAT CENTER.
6. Free-standing signs other than the pylon for identification and
the reader -board.
7. Rooftop signs.
8. Signs with noise -making devices and/or components.
9. Signs exhibiting the name, stamp, or decal of the manufacturer or
installer.
10. No cabinet type signs.
PUBLIC HEARING MEETING OF FEBRUARY 13, 1978
Public Hearing closed at 7:48 p.m.
NEW BUSINESS:
Page 3
CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF
A /-1T_STORE AT 7899 EAST RIVER ROAD,_ R.C.E. CORPORATION:
Mr. Sobiech, Public Works Director, stated the Board of Appeals
did not send a recommendation to Council as it was a tie vote
on the motion. He stated, with the rezoning, what previously
was a request for seven variances is now reduced to two; that is,
variance from the side yard setback and variance from the rear
yard setback.
MOTION by Councilman Fitzpatrick to grant the variances to reduce
the side yard setback from 15 to 10 feet and the rear yard setback
from 25 feet to 20 feet with the stipulations as noted on Page 20
of the agenda book. Seconded by Councilman Schneider.
Mr. Ernst, the petitioner, stated he reviewed the stipulations
as shown on Page 2D and stated Item 12 is no longer pertinent
since the property has been rezoned. He stated he is in agree-
ment with the other stipulations, with the exception of possibly
Item 4 pertaining to the entire building being brick construction.
He requested they be allowed to use breakoff block on the back
of the building since this would result in a saving of about
$6,000 and would like to spend this money for landscaping and
berming.
Councilman Fitzpatrick stated he was not too sympathic with this
request since this requirement has been in the stipulations
about a year and a half and felt the preference to spend this
money on landscaping and berming could have been brought out
at an earlier time.
There being no motion to amend the main motion, Nee called for a
vote on the motion.
UPON A VOICE VOTE, all voted aye, and Mayor nee declared the
motion carried unanimously.
CONSIDERATION OF APPROVAL OF PRELIMINARY PLANS FOR EXPANSION
6f F1UNfC PAL GARAGE:
Mr. Sobiech, Public Works Director, stated, in the preliminary
plans for expansion of the Municipal Garage, the two-story con-
cept was eliminated because it would have been necessary to in-
stall an elevator to meet handicap requirements. The preliminary
drawing does provide a layout to allow centralization of the
Public Works Operations and satisfy requirements for the rest -
rooms. In addition, the revised lunchroom and locker room situ-
ation would allow for both the Parks and Public Works personnel
to operate out of the same area. Mr. Sobiech stated the pre-
liminary plans have been reviewed with the personnel involved
and the next phase would be to proceed with construction plans,
upon Council approval of the preliminary plans.
Councilman Hamernik asked if the costs would change and if they
still would be within the budgeted amount. Mr. Sobiech stated
they are still retaining the same square footage and felt the
costs were within the amount budgeted.
MOTION by Councilman Barnette to approve the preliminary plans
for expansion of the Municipal Garage. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
IPLANITT". 1 CO'-I1.1ISSA 14F7TIF , - DTC7,1BrR 1 c7 ^ P, l o a p
7� P „
4. P11HT,TC; u?nPIT;C: R^?nT'T-.rr P,7711">T�, 7111 �`7?—�� T?V
ri' GII=; PRGii C -2S (C;',I1i RAL SHOPPING 1'�REA")
TO C-1 (LOCAL BUSII _„S>S, AREAS) , LOT 1, BLOCK 1, PEARSON' S
FIRST ADDITION, THE SluvlE BEING -Z899 EAST RIVER ROAD i1E
MOTION by Mr. Oquist, seconded by Ms. Schnabel, to open the
Public Hearing. Upon a voice vote, all voting aye, the motion
carried unanimously. The Public Hearing was opened at 9:15 P.M.
Mr. Boardman said that this piece of property had gone through
several variances and rezonings. He said that it was the intent
of 7-11 Stores to build on that lot. He said that a condition
of the last City Council approval was that it was rezoned
to C-1. He said that property was already zoned C -2S.
Mr. Lan -enfold asked about the stipulations that had been
requested for that property by a group of Citizens.
Mr. Boardman indicated that there were 15 stipulations that
were incorporated as stipulations of a variance at a
variance meeting held on 1.1arch 15, 1977. He
said that those
mere the same stipulations that the Planning
Commission may
or
may not grant to put on the rezoning.
Chairperson Barris read the 15 stipulations:
1.
Extensive landscaping on the site; plan
filed with
Planning Department.
2.
Berming to be of sufficient height to protect
the residents
from automobile lighting. (as indicated
on the plans)
3.
Additional plants (as marked on the plans).
4.
Entire building mould be brick.
5.
Buffer plantings incorporated with berm.
6.
Lighting focused down so as not to shine
into the
residential property owner's windows.
7.
All blacktop adjoining green area to be
separated by
poured concrete curbing.
8.
No egress from the development onto East
River Road;
ingress only.
PL.VIi3TP?r; - I1rC' iiR ;R 7, 194h Page 11
Refuse area should have solid screen, no gate opening
onto the service drive, the portion not being used for
refuse storage and handling to be used for plantings.
10. Sidewalk connection constructed to Lincoln Street. If an
agreement cannot be reached between meridian and Fudali,
the side,aalk connection should be constructed anyway,
but only on 1,Ieridian's property. This will offer property
protection from nearby residents. 11
11. Parking moved down to 20 feet to pick up additional room
to enable cars- to face in instead of against each other.
12. Applicant will petition the City for rezoning from C-20'
to C-1 and there will be no contest on zoning change in
future.
13. Easements to be dedicated to City of Fridley as noted
on attached map.
14. Applicant will construct a deceleration lane from the
driveway abutting East River Road to the south. The
deceleration lane is to be a 12 foot wide bituminous
section with a 2 foot gravel shoulder and is to extend
southward from the driveway entrance 100 feet southward
from the south radius and then taper at 15:1 to tie
back into the existing roadway. The typical section sholl
consist of U" Class V base, 12" asphalt binder course
(til -ID 2341) and 1-2111 asphalt wea.rin- course (IiI' D 2341)-
0
All construction shall be in accordance with the 11innesota.
Department of Iiigh•;.ays Standard Specifications for Highrra.y
Construction dated January 1, 1972, and as amended by
Supplemental Specification for LIighrray Constructiun date,'
January 1, 1974.
15. A bond covering the cost of all stipulated improvements
would be required.
Chairperson Harris pointed out that ghat was actually being
done was the petitioner ;eras fulfilling No. 12 of the stipulations.
Mr. Oquist asked if all the above stipulations were already
covered in a previous variance.
Mr. Boardman said that these stipulations were placed by
City Council. Ile said that the petitioner was now requesting
the rezoning to fulfill No. 12 of the stipulations.
MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the
Plannin Commission receive a letter from I• r. John renton ,
the Froperty i•.anager of the ,Ieadow Run :apartments, indic:,.tin
the they were in favor of the rezoning of the property in
question. Upon a voice vote, all voting aye, the motion
carried unani::iously.
PLAII T11r, CnMMI , �IOrd t4?,rTIldf; - D;'C1ZIT3rR
are 1
1.10TION by Tis. Schnabel, seconded by Mr. Langenfeld, that the
'Planning Commission recommend approval of the Rezoning Request,
ZOA //77-05, by R.C.Ej. Corporation: Rezone from C -2S (General
Shopping Areas) to C-1 (Local Busines- Areas), Lot 1, Block 1,
Pearson's First Addition, the same being 7899 East River Road I`iE.
Ms. Schnabel said that it would not be necessary to include
all the stipulations in the motion since City Council had
already made them.
Mr. Langenfeld pointed out that the Citizen Group would not
contest such a rezoning as long as the stipulations were met
and they had already been pre -arranged prior to the request.
UPOT.-TA VOICE VOTE -11 all voting aye, the motion carried
unanimously.
5.
r,V1;1�T'S .'��,ZTI'_?iT,V "''rTT'? ',�',G: B_�Ii`11 !i R.�PL1':Tr15
Gi
I R r
LOT 19, i?XCE `I' T1 AST -!.iQST 190 t' -EiT TH7]RFOF: AND EXCEPT THE
';WEST 17 F ET T::ILLr1 FOR HIGHWAY PURPOSES: AND THE '.TEST
147.74 FEET OF LOT 185 ALL IN AUDIT021S SUBDIVISION
NO. 129. (THIS =LIHINARY PLAT XE'PLACES C�rTTRAL
TO':JIIHOUSEE PL:^ -_T (110T RZICORDED) ,r I G�.=RALLY LOCATED
AT TIIF IETERSECTION OF 73rd AVENUE X1 CZJ
ENTRAL AVENUE N.E.
MOTION bYX1,1r. Langenfeld, secon' -d by Ms. Schnabel, to open the
Public Heat-�ng. Upon a voice ote, all voting aye, the motion
carried una%
.nusly. The Pu is Hearing was opened at 9:36 P.i.
Mr.. Boardman shoed the PJ/annirg Commission a Plat of the area.
He indicated that at w s being proposed was ten lots that
would be designed f6r. y-fiplexes. Ile explained that the proposal
was to run the street hraugh and have it cul-de-sac'd. Ile
said that the City o Fdley had re^uested that the petitioner
attempt to purchas an ac..* cent lot. He indicated that the
person owning th, lot did of dish to sell.
Mr. Boardman said that it waselt that the proposed development
would be better if the duplexes ould be served by a better
road system,,/Ile indicated that t\Bo-
of the adjacent
property dic}'not wish to sell to Mr.g. He said that
the adjace t property was zoned cand the owner wished
to sell th lot as commercial, Man pointed out that
Mr. Fre -g's lot eras zoned as R-3
Chair erson Harris said that the only way to be able to put
ano Zer street in would be to condemn land fo the right of
w , which would, then, make the adjacent lot u uildable as
Commercial lot,
11s. Schnabel didn't believe that the City Council wo d condemn
land for a right of way since there would be an altern to way
to reach the duplexes.
VAR #92-02
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Nurserymen, Florists Hastings, MN 55033 L' 1 North