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SP94-16 CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � ` FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ti y c%�,Jt j�✓��c�� U' l�- S7-li�;- Property Identification Number(PIN) ZQ 3U ZQ� �Z CJGG 7 Legal description: _ �� U� Lot `> Block �L TracdAddition ��Z.�"�T �/L i-1 U�� i�U� Current zoning: �' - 1 Square footagelacreage Reason for special use pernut: Section of City Code: Have you operated a business in a city which required a business license? _ Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No �FEE OWNER INFORMATION (as it appears on the property title) ~~~~� (Contract Purch�sers: Fee Owners must sign this form prior to processing) NAME� /d� �'1 r1,d/�l�P�f \�, ` [./l'�.�� , ADDRES S��O � �� ,/.�p� /„Z�'D � J1��, S '��aZ DAYTIME PHONE .,3�C/�� 93 9� SIGNATURE J�,l.P�UyIP� �.��y,�f DATE �� 7 - 9'S� ..,�,.,..,,.,�..,,....,��..��,.,,.�,.�,�,.,,..�..,,..�..�....,.,��.�.�..,.�.,�..,.�..�,..,.,,�.............��,.,...�,.,,.,,.,,.,..,�,.,,..,��,.,,.,,r,.,. PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $400.00 $100.00 for residential2nd accessoiy buildings Permit SP# 9��10 Receipt# � �(��1 Application received by: Scheduled Planning Commission date: Scheduled City Council date: ; i, CZTY O! FRZDLSY PL71lI RB�IEII CHECICLIBT B. Site Plan: Applicanta Por vacations muat submit the leqal description of the parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location oP all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between strnctures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: 2. Grading and drainaqe plan showinq existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for atorm water detention/retention areas. 2. Legal description (certificate of survay may be required) 3. All exiatinq and proposed pointa ot eqress/ingress 3. Name, addresa, and telephone number of applicant, showing widths of property lines, turning fadii abuttinq enqineer, and oaner oP record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number oP sheets, name streets and driveways � of drawer 5. Description of intended use of site, buildin s and 4. Vehicular circulation system showinq location and 4 � dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existihq zoninq and land use traffic flow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscaping Plan (i) Size of parcal in sq. ft. 6. Location, access, and screeninq detail of trash enclosures (ii) Gross floor area of buildinqs 7. Location and screening detail of rooftop equipment (ili) Percent of site covered by buildinq 8. Buildinq elevations from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifyinq eize and direction oP existing (v) Percent of aite covered by green area water and sewer lines, fire hydrants, distance of hydrant to proposed buildinq (vi) Projected numher of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parkinq spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 19, 1994 at 7:30 p.m. tor the purpose ot: Consideration oi a Special Use Permit, SP #94-16, by Dave Stewart, per Section 205.07.Oi.C.(7)of the Fridley City Code, to allow automobile parking for adjacent uses, on ihe south 35 feet oi Lot 3, Biock 2, Sexter Addition, generally located at 5720 Potk Street N.E. Hearing impaired persons planning to attend who need an interpreter or oiher per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than October 12,1994. Any and all persons desiring to be heard shall be given an opportuniry at the above stated time and piace. Any questions relat- , ed to this item may be referred to the Fridiey Community Development Department at 571-3592. DAVIO NEWMAN CHAIR PLANNING COMMISSION (October 4,11,1994)Fridiey Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 19, 1994 at 7 : 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #94-16, by Dave Stewart, per Section 205. 07 . 01.C. (7) of the Fridley City Code, to allow automobile parking for adjacent uses, on the south 35 feet of Lot 3 , Block 2, • Sexter Addition, generally located at 5720 Polk Street N.E. � 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 October 12 , 1994 . � Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3592 . DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: October 5, 1994 October 12 , 1994 NOTE: SEE REVERSE SIDE OF THIS NOTICE FOR A LOCATION MAP AND FURTHER EXPLANATION. David Stewart �t. ►;� �� ;a: �e � � �,t, �� ,�� , �� `� c� c,� w �� ,'� -- ' ��,, ,� :��.��., ., �. �, x � ,.. _ ._ ._ ... i .....,.. _ . .. .. ;�. . . __ �- -�=� _ , - , - _` �- � A�` �S �, � � �� .� � .r.rj� ; '�1�t') ' ��L Xl �� .~'�'-s ��t"� i /1 � � � � Y , � � A�`.v�/w"se/.w�c .. � '� �k 1•t �,�(1 � ♦ ��7 }( d'�7 ; `� C'� � � l��. �1�"' , A F/ � � � • � � i ' '" i � ��rY p4. " _ / (� � � ' � �I� �py /� d � �3 �� ~ A �, ~°"a. v� � /� � � � 1 iw f�.-v G/�ur..r c � �[� � - �! � ! �, � �� 3� � a � a 9 � , �� - -- rs � �c- �r - ' u i I' ?� F r I � •'�lu. ' � � � � � i� f � �� b� r� nts�'' �� ,� � � . � '� �° �l� � � r � �. 11 �. .rlf.N ,I�Aft •hO;�i � `\ _ • rj • � f.•.�w..� �..v.r ..s�r3 f �� ' � �� Drive N�" K�YNOE � � .N I / ! � V r • '� '� ✓� / �� td9, � �,� r� � ��x'" ;A) C7� �'n. �43) ,•r� ' `4 . �� r � .� 1 � � e � s s'� � � � � � _ � ' ; � � � � � - -�a;a -('�i� (�'4 C�) ��ti ti w /,p� ..+:, ��p D , � ! .✓,nr,i .�.t�r,f �L �[II�N•li,r' �3 ) i ... �, / f� ' �• .1L , t � ..._.�.. _ ,' -' /� < � L^�� fe �i� �70� . + I , , /f�lL-L�/� � � ��Z .r IsJf� �� , IJ.A� �71) dlXi'TlIOW (iJ>v)\ � ., 5 C� . .v_. <r!) ---••— - ; �" E�TATE �a (i� . f t3-'� r a�v (�) . .�,r.r� / �t v ..------- �• . . .. ._ (��) _ � r-- ,.,. _. .. _ ; �'\�Al1�D,a`'�' �S VISION ` "" "� � �_ � s..R•y,c..r.,• , c �t_ - - - � —� � ,� V � (� I ... • `,, � � ,� -� -� � .., � � , 1-------- / � � � �.------- ��t+ �--i �� \, ._�._ � , — The Lot Sp1it request �aill divide the property into two portions. � '-- The sou-.h portion will be sold to the adjacent apartment property '�� ' �o the south for additional parking. The north portion will be � � of suff_cient size to accomodate a new single family home. � : • n - The Speci�l Use Permit request will grant special permission to allow �ar}�ing fer the apartment property on land that is of a � differ�-�t �lassiFication. ' The Var�anc? request will allow the parking lot to be closer to the wes� , r.�rth, and east lot lines than the City rules normally allow. �H LOCATlON MAP David Stewart Special Use Permit Request, SP #94-16 1. Variance request, VAR #94-26, and Lot Split request, L.S. #94-06, shall be approved. 2. A new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property. 3. The petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: A. 2 - Nanking Cherry B. 6 - Maney Juniper C. 8 - Isanti Dogwood D. 14 - "Miss" Kim Lilac E. Weed barrier F. 3 inch rock mulch G. Vinyl edging 4. The parking lot perimeter, except for the area next to the retaining wall, shall be lined with s� inch concrete curbing in accordance with Fridley Engineering Department specifications. 5. The petitioner shall install a six foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. 1� �� w � . ,- � . � �,� �- , _ I � �! CITYOF � CITY OF FRIDLEY FRiDLEY COMMISSION APPLICATION REVIEW File Number File Date Meetinq Date � �I'�-- I(n ��'�,�,��;,�,r- 2rv, �"�r� �v�vl�e,✓- l E i � i�i Fi1�Description: I-�--� ��->h� `Z�.:O�� DI.G..�1� - -�,� �.1�� :;�,x�;��1t ��x-{�;�< <-�� - �; , � �c��f- �r�. _________________________________S'�}_�___�__�__4 � -��r5�S1L.�d�'"=�N-====_____________ Complete Review Checklist; Return to The Community Development Department *** comments *** . Barbara Dacy Scott Hickok Michele McPherson �'l� �l� Scott Erickson / r � John Flora /�� l _� ��u� � ��`�'�� (� � �u�� J',t✓/ � /�✓�',- John Palacio Clyde Moravetz Leon Madsen Dave Sallman Dick Larson •�.�� +�� 32 , .a, � � ��;. ��> �,,, �� ;�� °�,� .{;�-�,;� �� ,� w �� , - � ... � ,� , 1, �. �, x � --- � . .� ........ ,�.. ._ ... . . - -�% �_ M . - � � „ _ — �--� �� .�c.r�y ) 'r'�') ' �F � (L� �``�� 'u,,q : �l i�r � , �. .. •a V '� � .+/`wn/w�s/�wc �.. 8 ,2 /A 7l r,�l � �i �� c� � � ��., �,,�.. . ■ � f �Q��+'► ,� - • - — � �� .c � �' ��' (99 .:� ,,,,�3 I ~ .r v� ~°'�4'. '"• � ,. � fi..A'/G��y...� < , �� . j; y � � � � ' ir� C � �•. ,�� r _' � � +A �• „I ' . •'/J/1. . � b �� . ► N � � � � ,��r� nts�� :� �, �,� � � z � '� `��° 1`� , ^ ; ' �� r�� .�� ,�.M ,rAh/+ �NF.►i ` �.` �t '' � � �� Drive �"�" � �LYNDE j • i � � � � �9) I �� a,�� ) C�� ' �"a �..u'-,r " 4 . �1 AS) , � � I s � � �1 � e A� � ,s � � � � � ' � _ � � � � i � � - -ni:a •�� ('4 C�) ' , �� . r � .�+v,r .!s',� (�� "`'��..� �D) i N. i,� / f/ " �� S ,e wa ir. «iI • s —�- , -- i.t,'.�+�r i 6A �°'� I�s, /A (>o> . � � � -. ._ .. N/LLN7An , / ~ (rl�o� ��I �, 5 �-°l � �,.,� lu� AACi�T�'7W (r�> N... �_... ; � E�TAT� �►o � . * �.'fl a�e (r.I) � b . (�lJ ,....--.--w , ''�AUD.ac.''°��S VISION ` ".�, �� , sw�.+w,c.n�r.r , � ti ��7K(_ r _ _ _� ' � �/ � �� -' 1 �� ..� j__—_----� --- 1--------- - ---_._-= � ' , ' F' � j �� I . . � i �. �j�- � � ., , ��7 7 � ' -� � � �e -�`- � '�� N�J � ------= 8 ��8> � -------- ------___--��------.-------- -----=�:----- �B o� -- � -�� -- � St _..�, 9 ..._ .. . �T- ---=-f-----------ti---------------------------�7---------- ,,,, _ �-- ��' .w�' �"/�r�c�... i � I � �``'�`""~_--_ _ �� .'��,�WE.S � K/D�"iE 2 l� "-- ...�...�w un 7[O__ ._ .. / CQTd _S The Special Use Permit request will grant special permission to allow parking for the apartment property on land that is of a different classification. 9B ��+. ` �� . 3 . , •� .� fi,'� ��> �� .,�'�p '°�y� ;�r� �� c�) w (�� (��) �rs) c�? / '� �►' � , �''�'�9 1J 1I fJ X u N tl 1[ fi ' ._ ... .. J� �.. t ' .:i .. +_ • � ,p '''. r �� !I ; `� 1� �Y� �i `•� `•y'� lV� I ' T� � ��wJ '• �E � (L� �*'`�� ` � �u� . r, 3r � ,� t� , �. i � A►w�✓w�r�►/� � �.'� �2 �w ii *',e►� .� � �� . ��.. �, � �� , � �� _ , _ �..r .. � � �� r i L 3 I 'y ,! � ~°Fq'o 'a� 1' � l l �1 ( , . �� '„� � � �� CP ` � `�' v�. ` ,9..ai i'..r..,- � , , � S � .,M,. . �. � � ,�,�,,. � ..�� u ,.- • -- * � -- ..itu. , +^ , , r� N /L � t . � I ,b rt nt�7" �� i �,� � � � ° '� �'ro ut1 d�1 �w, �\1 . I /C��7��G� � � ' � '� �- ,.r�r .�,s�►• l l. � r r�j v � ��»•r � �,ia,,r i.,�•,r r+�t ' ;� -- . •' -j ' �"�" � ; �.�LYNOE DRIVE _ , � Dr�ve � ' `' � � �9) � �1� *,rA� � �x�s �' Y ''�' (As) I*,. " � -i"�"` �er � J �� °x D / . � � �. r ��) c,r� l� ; i � f I !' 1 � I /�0 7 � S A�a.n ! 1 � • �� 7y� • � � � � ( � C+// - Ib�.p '�� ' �� t� � ` � � ' • /, - J A'w.f .pr'� 1Lp� ��M: D / M I.� � � � • �j�tl1 , `iL ' t�__ � � l^�, p '�' IA (f0) yiw�//J/pu.�.SoL., •�L�f t � 'JII��rI �i.ta� �� , � �-- . � `�,;;,. ' .ol � �,,e (�l� � N�,�/y� �� (/l�o� �� :� 6 �' (r�) IMM� N� _ �---•— ` �. �� 1Ma 'n IL�N (il� � / � ' � � �i�l 1 ._� � _w � •, i. .� f_ �� a, � � ''�AUD.ac.��s �VISION .. , ` ' 6� .. . , s �c_ r- - - —, � � 'I -(�) � ` •. � N �'�/ — �.''.. � .....-- i _—_--- -----�1-- - - ------�.. _ ••1 ,- � (�� i •��, � ; � , �� I . ~ �� - �----_--_-. _____...^... � �� 7 .-��.- �`��,,;, ._�' '��, _ ----------------��'Y \ ` �. Ci8) � � �\ ,� � �� NO . � • ------- 8- - -- ==��=------ _1 _.--.--- - ----__----b'�----------------- ------�:----- �B o> g - � c�► �acr��,e RL' �: � � . .►..�� 4..�+.,� -aT- -=-�•�'~�---------------------------j►T"_(,""�" r� ,�'w ��.. �� ,�„ '•. _n1,_ � � � � " --_ / ♦ �G " --�---__ � � /OGE 2 !� u� �` � _r`"' _ ........w un 7[0_^�_ ., � cQ774 .S , The Special Use Permit request will grant special permission to allow parking for the apartment property on land that is of a different classification. � �s PLANNING COMMISSION M88TING OCTOBER 19. 1994� � PAGE 7 Mr. Saba stated he would like to see more parking if possible, but he did not want the entire lot used for parking for the same reasons as stated. He would be in favor of approval. Mr. Sielaff stated he agreed for the reason tated. Mr. Newman stated, as far as the varianc go, one variance is to keep the remaining lot residential. He does want to get into the realm of the Appeals Commission, but ' seems the City Councilmember raised issues we shoul address. As far as the lot split, it makes sense. MOTION by Mr. Saba, seconded by r. Sielaff, to approve Lot Split, L.S. #94-06, by David S wart, to split Lot 3 , Block 2, Sexter Addition, City of Frid ey, Anoka County, Minnesota, into two parts: Parcel A: the south 5 feet of Lot 3, Block 2, Sexter ' Addition• and Parcel B: that p rt of Lot 3, Block 2, Sexter Addition, lyin north of the north 35 feet of said Lot 2, This property is enerally located at 5720 Polk Street, with the following stipu tions: 1. The 35' 140' parcel adjacent to the Moore Lake Apartment comple shall be utilized for the parking e�ansion indic ed on the site plan and shall be landscaped/screened acco ing to Section 205.07.O1.C. (7) . 2. T new 35'x 140' parcel shall be consolidated with the ore Lake Apartment site as one tax parcel. 3. Special Use Permit, SP #94-16, and Variance request, VAR • #94-26, shall be approved. PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #94-16, BY DAVID STEWART: Per Section 205.07.O1.C. (7) of the Fridley City Code, to allow automobile parking for adjacent uses, on the south 35 feet of Lot 3, Block 2, Sexter Addition, generally located at 5720 Polk Street N.E. MOTION by Ms. Savage, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. r• � PLANNINQ COMMISSION MEETINa OCTOB$R 19. 1994 PAG$ 8 IIPON A VOICE VOTE, ALL oOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIHLIC HEARING OPEN AT 8:04 P.M. Mr. Hickok stated the special use request is to allow parking on land that is a different classification. In this case, the zoning is R-1, Single Family. The Special Use Permit would put stipulations on that piece of property to assure that screening and other impact elements would be considered as part of the approval. Mr. Hickok stated staff recommends approval of the Special Use Permit with the following stipulations: 1. Variance request, VAR #94-26, and Lot Split request, L.S. #94-06, shall be approved. 2. A new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property. 3 . The petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: A. 2 - Nanking Cherry B. 6 - Maney Juniper C. 8 - Isanti Dogwood D. 14 - "Miss" Kim Lilac E. Weed Barrier F. 3-inch rock mulch G. Vinyl edging 4 . The parking lot perimeter, except for the area next to the retaining wall, shall be lined with six-inch concrete curbing in accordance with Fridley Engineering Department specifications. 5. The petitioner shall install a six-foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. Commission members had no questions of staff. Mr. Stewart had no additional comments. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. � -� PLANNING COMMISSION MBETING OCTOBBR 19, 1994 PAGE 9 IIPON A VOICE VOTB, ALL VOTING AYE� CHAIRPLRSON NEyPMAN DECLARED THE MOTION CARRIED AND THL PIIHLIC HEARING CLOSED AT 8:07 P.M. MOTION by Ms. Savage, seconded by Mr. Sielaff, to approve Special Use Permit, SP #94-16, by David Stewart, to allow automobile parking for adjacent uses, on the south 35 feet of Lot 3, Block 2, Sexter Addition, generally located at 5720 Polk Street N.E. , with the following stipulations: 1. Variance request, VAR #94-26, and Lot Split request, L.S. _ #94-06, shall be approved. 2. A new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property. 3 . The petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: A. 2 - Nanking Cherry B. 6 - Maney Juniper C. 8 - Isanti Dogwood D. 14 - "Miss" Kim Lilac E. Weed Barrier F. 3-inch rock mulch G. Vinyl edging The landscaping is to be completed with one year after completion of the parking lot. 4. The parking lot perimeter, except for the area next to the retaining wall, shall be lined with six-inch concrete curbing in accordance with Fridley Engineering Department specifications. . 5. • The petitioner shall install a six-foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3 . PUBLIC HEARING: CONSIDERATION OF A REZONING RE UEST ZOA #94-03 . BY DAVID STEWART: To rezone from C-1, Local B ' ess, to R-1, Single Family Dwelling, to allow parki and dumpster placement on the easterly 120 feet exc the northerly 135 feet of that part of Lot l, Auditor' ubdivision #25, which is described as ,I : FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5 I994 PAGE 10 I He questioned if there would be a request to split off e other half foot. Councilwoman Jorgenson stated that her home is to tJ��e north of this property, and the fence was constructed where sh$'�and the Branco's believed was the proper setback to the lot lir��. She stated that Mrs. Branco has submitted a letter stating t e fenced was placed, to the best knowledge of both parties, whe they believed was the proper setback. She stated that they w� d not be applying for a variance. Councilman Billings stated that at ,,�ome point in the future, the City may be selling this property,� He questioned if it would be sold subject to the fence being �iere if. a portion is split off in order to give clear title. He;also questioned if there is suffi- cient property available for xhis to be a buildable lot. � �` Mr. Herrick, City Attorney � stated that there are a number of ways to handle this issue. ��e easiest would be a disclosure to the buyer on the encroachm rtt and an agreement between the potential buyer and the property�owner to the north. Mayor Nee stated t,�at the fence belongs to the property on which it is located wh�ch is presently owned by the City. Mr. Hickok st�,ted that if this lot split is approved the buildable lot would c�iitain 10,795 square feet, and the code requires a minimum lo��'size of 9,000 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Council,�aoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in fa�dor of the motion. Councilman Billings voted against the mot.i:c">n. Mayor Nee declared the motion carried by a four to one vot�. �. SPECIAL USE PERMIT REQUEST, SP #94-16, BY DAVID STEWART, TO ALLOW AUTOMOBILE PARKING FOR ADJACENT USES GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2) : MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-16, with the following stipulations: (1) Variance Request, VAR #94-26 and Lot Split Request, L.S. #94-06, shall be approved; (2) a new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property; (3) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; and (g) vinyl edging; (4) the parking lot perimeter, except for the area next to the retaining wall, shall be lined with six inch concrete curbing in accordance with the Fridley Engineering Department's specifications; (5) the petitioner shall install a six FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 11 foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence; and (6) an erosion plan for the property shall be implemented as per the City Engineer's specifications. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING 4F OCTOBER 11, 1994: ;' A. VARIANCE REQUEST VAR #94-26, BY DAVID STEWART, TO REDUCE THE SETBACK OF A PARKING LOT FROM THE PUBLIC RIGHT-OF-WAY FROM � 35 FEET TO 20 FEET AND TO REDUCE THE SETBACK OF A FARKING LOT FROM THE WEST AND NORTH LOT LINES FROM 10 FEET TO 0 FEET AND 5 FEET, GENERALLY LOCATED AT 5720 POLK STREET -IV.E. (WARD 2) : Mr. Hickok, Planning Coordinator, stated that th�:s variance request is to reduce the parking setback from the publ�a right-of-way from 35 feet to 20 feet and to reduce the setback,�for a parking lot from the property lines from 10 feet to 0 feet,-and 5 feet. He stated that the variance is requested in conjunction with the expansion of the parking lot at the Moore Lake ap'artment complex. Mr. Hickok stated that the Appeal.s Commission has recommended approval of these variances with- three stipulations and staff concurs. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-26, with the following stipulations: (1) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including the foll�wing elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8.:; Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) ,khree inch rock mulch; and (g) vinyl edging; (2) the parking lot, perimeter, except for the area next to the retaining wall, sha11 be lined with six inch concrete curbing in accordance with F�idley Engineering specifications; and (3) the petitioner shall;�install a six foot high board-on-board screening fence construct�d of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a po�nt 35 feet from the Polk Street lot line. Engleman Ivy shall b�� planted two feet on center on the north side of the fence. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilma� Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and MayoY Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a ,four to one vote. f;, Co}��►cilman Schneider asked Mr. Stewart when he believed the expansion would be completed. 4x; _ :� CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER •fi431 UNNERSITY AVE. N.E. FRIDLEY, Mh ��-�3� • (61?) �71-345(1 • PAX (6121 571-12H7 CITY COUNCIL ACTION TAKEN NOTICE December 12 , 1994 David Stewart Paragon Enterprises Inc. 100 South Fifth Street, #1250 Minneapolis, MN 55402 Dear Mr. Stewart: On December 5, 1994 , the Fridley City Council officially approved your request for a Special Use Permit, SP #94-16, to allow automobile parking for adjacent uses, on the south 35 feet of Lot 3 , Block 2 , Sexter Addition, generally located at 5720 Polk Street N.E. , with the following stipulations: 1. Variance request, VAR #94-26, and Lot Split request, L.S . #94-06, shall be approved. 2 . A new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property. 3 . The petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: A. 2 - Nanking Cherry B. 6 - Maney Juniper C. 8 - Isanti Dogwood D. 14 - "Miss" Kim Lilac E. Weed barrier F. 3 inch rock mulch G. Vinyl edging SP #94-16, by David Stewart December 12 , 1994 Page 2 4 . The parking lot perimeter, except for the area next to the retaining wall, shall be lined with six inch concrete curbing in accordance with Fridley Engineering Department specifications. 5. The petitioner shall install a six foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. 6. An erosion control plan for the property shall be implemented as per the City Engineer's specifications. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. A letter of credit insuring the installation of the improvements will be required. Please contact Scott Hickok at 572-3599 for the details on the letter of credit. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw cc: Robert and Gloria Gilstad Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 26, 1994 . Concur with action taken. SZ'�TE �F MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) In the Matter of: a special use permit, SP ��94-16 OWner: Paragon Enterprises Inc. The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of December , 19 94 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow automobile parking for adjacent uses, on the south 35 feet of Lot 3, Block 2, Sexter Addition, generally located at 5720 Polk Street N.E. � �41 -3c�- �y - 3� - ov�o � IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with six stipulations. See City Council meeting minutes of December 5, 1994. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with� and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Frid�y, Minnesota, in the County of Anoka on the �r� day of , 19 ��. DRAFTE BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 ��, � , 1 1 , C William A. Champa, City lerk � . ` .��S,�AF;,�� % � ,� � � ��,�� . � `�� = �.'. , ,� ,�; .� . �� . ,' _;. � ;' .... .�4 �: . � : .. ; • � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5. 1994 PAGE 10 ` He questioned if there would be a request to split off the other � half foot. Councilwoman Jorgenson stated that her home is to the north of this property, and the fence was constructed where she and the Branco's believed was the proper setback to the lot line. She stated that Mrs. Branco has submitted a letter stating the fenced was placed, to the best knowledge of both parties, where they believed was the proper setback. She stated that they would not be applying for a variance. Councilman Billings stated that at some point in the future, the City may be selling this property. He questioned if it would be sold subject to the fence being there if a portion is split off in order to give clear title. He also questioned if there is suffi- cient property available for this to be a buildable lot. Mr. Herrick, City Attorney, stated that there are a number of ways to handle this issue. The easiest would be a disclosure to the buyer on the encroachment and an agreement between the potential buyer and the property owner to the north. Mayor Nee stated that the fence belongs to the property on which it is located �iich is presently owned by the City. Mr. Hickok ated that if this lot split is approved the buildable � lot would contain I0,795 square feet, and the code requires a minimum ot size of 9,000 square feet. UPON VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Cou ilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the tion. Mayor Nee declared the motion carried by a four to one vote. B. SPECIAL USE PERMIT REQUEST SP #94-16 BY DAVID STEWART TO ALLOW AUTOMOBILE PARKING FOR ADJACENT USES GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2) • MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-16, with the following stipulations: (1) Variance Request, VAR #94-26 and Lot Split Request, L.S. #94-06, shall be approved; (2) a new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property; (3) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; and (g) vinyl edging; (4) the parking lot perimeter, except for the area next to the retaining wall, shall be iined with six inch concrete curbing in accordance with the Fridley Engineering �°' Department's specifications; (5) the petitioner shall install a six `. � / FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5 1994 PAGE 11 l foot high board on board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence; and (6) an erosion plan for the property shall be implemented as per the City Engineer's specifications. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS CONII'�iISSION MEETING OF OCTOBER 11, 1994: A. VARIANCE REOUEST, VAR #94-26, BY DAVID STE�ART, TO REDUCE THE SETBACK OF A PARKING LOT FROM THE PUBLIC RIGHT-OF-WAY FROM 35 FEET TO 20 FEET, AND TO REDUCE THE SET�ACK OF A PARKING LOT FROM THE WEST AND NORTH LOT LINES FROM� 10 FEET TO 0 FEET AND 5 FEET, GENERALLY LOCATED AT 5720 POZdC STREET N.E. (WARD 2) : , Mr. Hickok, Planning Coordinator, stated'that this variance request is to reduce the parking setback from tz�ie public right-of-way fr�� 35 feet to 20 feet and to reduce the s�tback .for a parking lot from the property lines from 10 feet to �0 feet and 5 feet. He stated that the variance is regexested in%aonjunction with the expansion Cof the parking lot at the Moore �ke apartment complex. i Mr. Hickok stated that the peals Commission has recommended approval of these variances with three stipulations and staff concurs. / � MOTION by Councilman Schn�ider to concur with the recommendation of the Appeals Commissio�i and grant Variance Request, VAR #94-26, with the following stipx�lations: (1) the petitioner shall install landscaping along the �treet as indicated on the plan developed by staff including the f�lowing elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c,� 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; �,�) three inch rock mulch; and (gj vinyl edging; (2) the parking t perimeter, except for the area next to the retaining wall, hall be lined with six inch concrete curbing in accordance wit Fridley Engineering specifications; and (3) the petitioner sha 1 install a six foot high board-on-board screening fence const ted of treated wood parallel to and two feet from the north pr perty line. The fence height shall be reduced to four feet at a oint 35 feet from the Polk Street lot line. Engieman Ivy shall e planted two feet on center on the nqrth side of the fence. econded by Councilwoman Bolkcom. Upon a voice vote, Council an Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Ma or Nee voted in favor of the motion. Councilman Billings vote against the motion. Mayor Nee declared the motion carried f, by four to one vote. �f��5j � Co ncilman Schneider asked Mr. Stewart when he believed the expansion would be completed. ABS I'RACT '� ~ Receipt # �-� � �� p Certified Copy Date�Time: 3" 96 � �3� C Tax Liens�Releases Doc. Ordar � of ( ❑ Multi-Co Doc Tax Pd ✓ by: Recordability:��c�.J Q Transfer New ❑ Desc. DOCUMENT N0. 12 3 O 3 5 8 - O ABSTRACT Filing Fees: f�. ❑ Division ❑ GAC °ef. ANOKA COUNTY MINNESOTA Delqs: Pins:� ❑ Sta�us ❑ SPeC• I HEREBY CERTIFY TJH.AUTL E il5 IN I�N6TRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AT 4 • 3 0 PM AND WAS DULY RECORDED. ' $19 . 5 0 pAID. FEES AND TAXES IN THE AMOUNT OF RECEIPT N0. 9 6 04 7 0 61 EDW,4RD M.TRESKA ANOKA COUN7Y PAOPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES AJH BY DEPUTV PROPER7Y TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLE �; I b ; I