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LS94-06 CITY OF I+RIDLrY � 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (C12) 571-3450 COMMUNITY DEVELOPMENT D�PARTMENT SPECIAL USE PERMIT APPLICATION FORM ,. PROPERTY INFORMATION - site plan required for submittal; see att�c�ec� `�.I' �#. ��`��CV�� __ �... �- -� � "� �� j f)t�-• Address: �_U�,r�f r✓-�(G L� C. 1- l� lL- >7 /Cr��. �" __,____- �. �y��\_ ��. Property Identification Number (PIN) �'� ''� �%� � � �-' C_�� !� .� � '�,� � � , � � ,__ �;,,�,.,;;+� Legal description: �� r. E�-%i"� c�; �, Lot �.=� Block �� TracdAddition ✓i�_k'� �/�- j�-1 U�� t-i-t Ul�/ ��r� '�1�f�� Current zoning: �— 1 Square footage/acreage ��,��I, Reason for special use permit: �� Section of Ci Code: � � �' ,---� Have you operated a business in a city which required a business license? __ (;�''�' Yes No If yes, which city? � �(L�q9� If yes, what type of business? Wns that license ever denied or revoked? Yes No �FEE OWNER INFORMATION (as it appears on the property title) (Conb-act Puic�ers: Fee Owners must sign this form prior to processing) NAME___� /D�I �'I ��. " ,L,/f/.�� ADDRESS f� � �I,,t�N) �.P�.� ,C��, /„Z�Q � �11/ S•�'5�� DAYTIME PHONE 3�/�� 9,3 �� SIGNATURE � DATE �� — 9 ,.,,.,��,�..H..,..,_....�._�� ,....,..�.� PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $400.00 $100.00 for residential2nd accessory buildings Permit SP#��,�[�_ Receipt# ��.(�� Application received by: Scheduled Planning Commission date: _ Scheduled City Cauncil date: CITY OF FRIDLEY � 6431 UNIVERSITY AVENUE N.E. a� FRIDLEY, MN �>432 (C12) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: `� i-� ' , �1 � � C^�� L ��- � � �/�!`.I r r i� �- ) �,��U fi"' ��-1��, � � �7�}�7�Zl �K� i vc L'1 /T!� uc , Propeirty Identification Number(PIN) �� U 2.1�� 72 G>UG� � Legal description: _ , Lot 1� B lock � Tract/Addition :��' �l��'- ,��t>t �l.G��, Cui-�ent zoning: � r T Square footagelacreage ' Reason for lot split: L U F X i'�-�� u� -,?-/� t-?��r!E, 1--U+ r-�� 7�-/�. � 1 ��v��'r�Z I_��1-1C r ,lJ-►�i�-�'��i�i��rl l� (� U�11�11�� Have you operated a business in a city which required a business license7 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) (Cont�•act Purchasers: Fee Owners must sign this form prior to p cessin�g NAME � ADDRESS I0� DAYTIMEPHONEc3��- �'I3 q� SIGNATURE N�NNN ,`�� ,�� DATE �O " G ' 9'y ..,......�� ..�._. ��...�....��...�..,��,r..,�...._.��...�..��...��..,,�..,� PETITIONER INFORMATION NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $250.00 Peimit L.S. # � .-C� - Receipt# �1C��`� Application received by: Scheduled Planning Commission date: Scheduled City Council date: CZTY OF FRZDLEY pIJ�N RBVIEN CHECRLIBT Applicants for vacations must submit the legal description of the B• Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and Complete site plans, signed by a registered architect, civil proposed structures with distance from boundaries, engineer, landscape architect, or other desi n distance between structures, building dimensions and �nclude the following: 4 professional, to floor elevations A. General: 2. Gradinq and drainage plan showing existinq natural features (topography, wetlands, vegetation, etc.) as well 1. Name and address of project as proposed.qrade elevations and sedimentation and storm water retention ponds. Calculations for storm water 2• Legal description (certificate of survey may be required) detention/retention areas. 3. Name, address, and telephone number of applicant, " 3• All existinq and proposed points of egress/ingress engineer, and owner of record showing widths of property lines, t�rninq radii abutting rights-of-way with indicated center line, paving width, 4. Date proposed, north arrow, scale, number of sheets, name existing and proposed median cuts, and intersections of of drawer streets and driveways 5. Description of intended use of site, buildings, and •4. Vehi'cular circulation systes showinq location and structures including type of occupancy and estimated dimensions for all driveways, parking spaces, parking lot occupancy load als�es, sezvice roads, loading' areas, fire lanes, emeigency access (if necessary), public and private 6• Existing 2oning and land use streets, alleys, sidewalks, bike paths, direction of traffic flow; and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and, screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by buildinq � 7• I.ocation and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface e• Buildinq elevations from all directions (v) Percent of site covered by green area 9., Utility plarr identifyinq size and direction of existing water' and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use�is a restaurant or ' place of assembly (viii) Number of parking spaces reyuir�d , (ix) Number of parking spaces provided including, handicapped •• . (x) Height of all buildings and structures and number of stories � � � _ _ GTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612)571-1287 September 28, 1994 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a lot split, L.S. #94-06, by David Stewart, to split Lot 3 , Block 2 , Sexter Addition, City of Fridley, Anoka County, Minnesota into two parts: Parcel A: the south 35 feet of Lot 3 , Block 2 , Sexter Addition; and Parcel B: that part of Lot 3 , Block 2 , Sexter Addition lying north of the north 35 feet of said Lot 2 , generally located at 5720 Polk Street. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, October 19, 1994 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7 : 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592 . 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 . DAVID NEWMAN CHAIR PLANNING COMMISSION F ( David Stewart ; i � l �s ) 5741 940 �) o/�F��U � � �� i �: � c �� , � Rqr � _ � cb, , ; �ON p , t�0' F��r ( � , _ `�� . ; � ' � SA�,r � i �'°, � �� ( �< ) � 5'�PART ENTS �' 1°°1 lou lo� ia� � 1� I ( � ( � � ( s� ) ( ja � ls> > ( j� ) ( �s ) ta4 ) � . Lynde Drive . �o �o �o �000 �mo �o �o io4o �so ( S O ) ( 41 ) I 4 6 ) ( 4 7 ) ( 4 i ) ( 4 5 ) ( 4 4 ) { 4 J ) ( 4 i ) • t� ( 3pj i 1001 z ; ( to ) � � :.°'., , 9� �� v� 1 � u ) o t�) ! p" � 951 5561 � ( w ) 3t ( t� � ( �1 �1j� � ��, c � �od�, . � c +� 1 ( �1 ". ]?13 i ( 20 ; N . ._ __. _ _ _ � 7J LOCATtON MA P cERr � F i carE oF SuRvEY DATE s-,�-�y F O R G��`I DF F��171-L y KURTH SURVEY 1 NG. i NC. S�CALE�RON �AON�UI�AENT I HEREBY CERTIfT THAT THIS SURVEY. PLAN OR REPORT �002 �EFFERsoN sT. N.E. BEARINGS ARE ON AN I�AS PREPARED BY MY OR UNUEN IAY pIRECT SURYERVISION COLWBIA HEIGHTS. MN. 55�21 AND THAT I AN DULY REGI EkEU L D SURYEYON UNDER 1612! 788-9�6p fAX 1d121 78d-7602 assu►�Eo oaru�rc�-nuzr T AMS Of T 3TA OF 1 +=hP�K� SG-1 M I NNESOT REG I STRAT I ON NO.ZoZ-10 �"�'�K�� N'� r�Nc� � d �i �� t-7�E °� 1�13.3�--� � . ,�, s i � �5q30 �, � . �'�- �- �-r- �� / A,5 ZN.0 � - !�. �->°�� . i _ � Z � v / � � �j-� �----� ,'�°" �� 3 � � °�� . � _ �- °-,�� , � � I � � o � � o �J � I � , � �, T � � �'� � � � `� I� �o � � ; , �o c� ; o � I � �, � �, r 6- ��' � �r � cA � c� �` -� ��, � °n .� z � �' � - � o � _ '� °� a � j A Po55�0� �5' Sp��Z' t.�N� ti1r ' � � I 1 c�J '9 ' `� , a-' � o : � a� � � � � � � �--� �� ;� — , . F�v�y� _ � �o.z' Pow.�Q Pol.� _ _'_ — — \ --� 2�"1� 2°�� / ��► �.� ��CJ�.�� . . 5 8R� �.t��ly L��s,� ��5c.R1P`r-ioc� �� 3�'��O�KZ. SCx�G� /�.oa��-�or�� ANOKA Ctx�tvT�l, M�NNGSoT A• SC;C. 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T 0 N� T N � (DI Oi , � O� � � � r- ' �� 9�-6'6 � L 99'OL 6Z'8� � 1.33�1S ��Od � � _1 ZO'8L Z0�08 i 0'LL O •: I U "� o�,j T�i Z �. N o� QOi � ' a�Y i a'I `� T{ �� tMi Q� � �T/� r T� `O n ^� T UI � L Q ~ � a ►� 'n L t'08 U r ( � y � ' T o I �- � Q � � � _ � � W c � W � �m�= /�� i//:� > i c Qo J O E c1j�¢~ M �� p a 4= W C� � � ��Wn � o- � +� � W=OJ ' � �Na�W ��\ �\\\ � � <FmU _ _ � a WOWi I d � i ; � � � � I ! � i�� ! r ! I I � V I � � j , � i _—� � \ \ �J----- �, avoa arvinn��iH -------- �------ � . ; F- Z Proposed De�lopment Plan i � � /� . ------ --- � _.._ -- ._._ _, ._____. , _.-. ------.._. ------ -- Branco Property 10,780 sq.ft. � 77' * 140' I48 paces --► � +r � sp � L /+^+ � V/ � Q � � � � O = a '� T r - - ._ 2 ---- _ ---- _ � Lynde Drive ; i- -- ,- -- -- -� �_--___�___--- I i i � � ; , ; I ; ' � j � ; � i � i , � �_� �,:� � 3 - , •�� .'�, ,c�, � �� .;�'� '''�� ,�It ts� c�) csJ (R� �c �.�) c�s� c� �Y � � '+'�,� t> >. t1 wt u �I :r ir a / --- _ . ,�, ......_ ,,.. . M._ -� . T _ . . .. ...i j_ - f . !/ 1 Qli (� �� ti' �� ..�� i r ' r,�, � �,�w> ' /F.. ...(�� ,�'',�� ,#,� : ;, :� � „ ,� . � ,� ` � +s. l� � � .NiH/w�rv/.wc � �: iZ /y� =i � . � "+� � �� ' � �� }�� - . �1 � w� ,� � � � �, � �� r �� .�j �3� � � � •,.,,,� '� �,, �, `, ; ` ; R..ai LS.r+�.y � . � � ■ � � ` � i i � s � x e I� : • , ,.. - ,�ou n... .,,r,. � /� •_... �. � �. -- � -- � ..iti�. � �� •.� rl � 6 7' �� .'i N , „ � . � �r� nt�- � g � � . , a > � ;� �i �n ar Yw + a � �+ uq l� ��'� ��l � . , � ,��.�, .rirr w►�t' � rj r� �,i,�vr ra.,r rsa ' .�. '� ' �: �� Drive ' ~� �LYNDE ORIVE � 1 Y /i 11� ,.If� � � ; �• , H � � �9) i �� *"� � "�'�, �A� (�1l l.�� (Q� ,� � � s � s � !� 1 i e � b s � ! � � • � { 1 �1 � , � , � � � I � � (t 1) - ai'+"a -(M�� (�'/1 C�) �i� l�► � � , - � ,�,� .+o►��► Qo� �`;r.�'�i�' C3D ' N',�, � • tta . ,,1t� . .• � A> >r.w•I/1/.w� I � p�__ Z � � �p /A (�O) •!�•f t�pY�I•SY�• /fw+� G'!e2 — , � • ;r r•ii� .�� 1� (rl) � H/LLN'AAn � /� (i11o) (�7a. �� ,. s Cj._ �:_ ._ AAG1�T/qN „►_ � �'�� — _-... , �. �� Y�� Unl � i�t,'n 1171� �b1� a/ � (i!) J� �_ „_� � ��) ac.�" `- i ION ` �� '' �S V S � � AUD. , : ��,� ,, - 6 : �c_ �— �1—, , ,' � � / � �•.. 1 N ,, t� . ' � -- j---- ------�r ' ' ... �... ....— � ----------� Ni ��- i � ) � �.'. • .- 1�� ''' .. , ' �`� 7 ' ,D .. r ' � � ► � ....... . . .... ..... _ ----------------�M � ------• ____»._». \ i �a .. (--_��— I � - :\�� N� . • ----_- 8- - -- ==�__----- =j , ---------------__----�------------ -----=�----- ra� � (� • 71�4Cr�'�B �. . � . 9 �..,�... R.. �-,v�3'- -=-r-------'._�__. _-^----------------j,T---(,,---- .r ♦ ��,,. �w '�� _�_ . � �' -------�___._� _ I k N�/OGE 2 w w S� ��.��'_ - �,�e.ww uA xe_��_ � / CQTb Q The Lot Split request will divide the property into two portions. The south portion will be sold to the adjacent apartment property to the south for additional parking. The north portion will be of sufficient size to accomodate a new single family home. � * ,� � ; �r��'��t�.l�.�' f`�.1� - _ _ �.,`, Q�t..pp ��.�./`�r--�C..1�� j.I�JYJf✓'� ��-�i�,�'� - /Z � U 6 �r4= - _ ;t-�--� �t 7 �� .�I��T'-�, pJ r c ��z.�� C F�-�� <ev ,�!�� C��_�r�� z ��-'�z-�'� v � �'ru'� _ - U � �`�-p.��•� �-� r� � ;��._ ��t�r� �;�'��_ � �r _ _ 1 ' �� 7' }�- . .� , / f�/r" r �-�� p��- 'c�-r� ��L.- ( „I � t� ��Nl�j � � � r Z �.,�. ; �p;1� �� f`y�P�rl�..�..�j.�f �f�,�r'�' �/i� /I� �t..�1C. 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The 35' x 140' parcel adj acent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.01.C.(7). 2. The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3. Special Use Permit, SP #94-16, and Variance request, VAR #94-26, shall be approved. _ _ STEVEN E. BILLIN(;ti COUNCILMAN, WARU 1 CITY OF FRI DLEY FRIDLEY MUNICIPALCENTER •64�1 UNIVERSITY AVE. N.E. FRIDLEY, MN ��=132 • (61�)�71-3d50• FAX (612)571-1287 October 17, 1994 Mr. David Newman, Chairperson Fridley Planning Commission Members 6431 University Avenue N.E. Fridley, MN 55432 Dear Members of the Planning Commission: I am sorry that I am unable�to be at your meeting of October 19, 1994. On the agenda are several items relating to the property at 5720 Polk Street that I would like to address. First, the property is currently owned by the City of Fridley. If the City of Fridley is truly concerned with resolving the parking problem for the adjacent apartment building, then why not sell or lease the entire parcel (Lot 3, Block 2). This would be a major fix of the parking problem and not just a partial, patchwork attempt. Second, as you are aware, the splitting off of the southern 35 feet only creates a need for additional variances that are not all needed if the entire lot is used for parking. Third, according to comments by Councilmember Nancy Jorgenson, the reason for the adjacent zoning change to R-1 is to require a future 35 foot buffer zone if Union 76 wishes to build a combination fast-food/gas station. This rezoning to R-1 with the then required 35 foot buffer would eliminate such a proposaL I do not think that is the type of planning that we are here to do. Thank you for your time. � Sincerely, , f' , �.,/ �/, �,� � 1 teven E. Billings ,f' Councilmember, Ward 1 SEB:rsc R};SII)F.NCH • 5?1_5 L1N('OLN STREFT N.E?. t=RIDLf�.I'. �91tiN1=.Si�;�:�, ;�1�; • Pf1ON}:(61�i�71 5-357 _ � I CITYOF I CITY OF FRIDLEY FRIDLEY� COMMISSION APPLICATION REVIEW File 1�umber File Date Me tinq Date l'i5�l�i'--C°�ZO ' ._� �-�,,ti;.l<;�ti�_� 1%� �`i`P �;fi-4}r�-- 1`f. !`1 t'� File Description: •�i�i- (.:i 5� �'>i�,�.l�_l� Sr�.-��-,�- t�-�;-h�r,2._ i�rt-4z; �,�,.c.��ct t<�; C��(..,p ��%"''"'' � '�� Complete Review Checklist; Return to The Community Development Department *** comments *** . Barbara Dacy Scott Hickok � / Michele McPherson �� `� Scott Erickson John Flora � ��..�� / �lYl��J C.��y✓r�l,,t'r� � �/Lr./ c � � f� ��<<h�- �-`!�h.tL� � � .. } John Palacio �� '"�l Clyde Moravetz Leon Madsen Dave Sallman Dick Larson 1 Z � S TAFF REP O RT � Community Development Department Appeals Coi�imission Date Planning Commission Datc ; October 19, 1994 City Council Date : December 5, 1994 APPLICATION NUMBER Lot Split request, L.S. #94-06 ' Special Use Permit request, SP #94-16 PETITIONER David Stewart, petitioner; owner of Moore Lake Apartments City of Fridley, owner; 5720 Polk Street N.E. LOCATION 5720 Polk Street N.E. ; north of Moore Lake Apartments, on the west side of Polk Street. The subject parcel is zoned R-1, � Single Family Dwelling. REOUEST The request includes two related, yet separate, issues for consideration: 1. A lot split to divide Lot 3, Block 2 , Sexter Addition into two parcels. 2 . A special use permit in accordance with Section 205. 07 . 01.C. (7) , to allow automobile parking in an R-1, Single Family Dwelling district for adjacent uses. BACRGROUND The City acquired 5720 Polk Street N.E. as part of the Polk Street reconstruction project in 1992 . Polk Street's designation as a Minnesota State Aid Street required its reconstruction to meet certain standards. This required the City to acquire additional right-of-way which then adversely impacted the subject parcel due to the location of the original dwelling on the parcel. The City purchased the site with the dwelling, demolished the original dwelling, and reconstructed Polk Street. The City intends that at least a portion of the lot be placed on the market for construction of a new single family dwelling at the proper setbacks. 7D Staff Report L.S. #94-06 and SP #94-16 David Stewart Page 2 ANALYSIS The lot, minus the right-of-way for the reconstruction, totals 16, 500 square feet. The City is proposing to convey 5,705 square feet to the petitioner for a Moore Lake Apartment parking lot expansion, subject to variance, special use permit, and lot split approvals. There are 70 existing parking spaces on the Moore Lake Apartment property. At the time the structure were built, 64 parking spaces were required. Current code requirements indicate 109 spaces would be necessary for a complex of this size. Originally, staff and the property owner discussed many alternatives; one of which was to have the apartment owner approach all property owners north of the apartment complex and purchase 35 feet of land from the southern edge of each property. Union 76 owns much of the property to the north. Robert and Gloria Gilstad own the remaining portion (other than the City's lot on Polk Street) . Neither Union 76 or the Gilstads were interested in selling their property. The Gilstad's will provide an easement to allow snow storage on their property. The petitioner agreed to assist the Gilstad's in their effort to rezone their property to residential, if the Gilstads granted an easement for snow storage. The Gilstad's also requested a privacy fence behind (north of) the easement to allow screening from the parking area. Lot Split To the south of the City's parcel (5720 Polk Street N.E. ) are the Moore Lake Apartments. This apartment complex has experienced a number of parking problems in recent years. Apartment tenants utilize Lynde Drive as their overflow parking area. There are four "no parking" signs located on portions of Lynde Drive. These signs were placed on Lynde Drive for safety reasons at the direction of the City Council. According to the petitioner, about 8 - 15 cars park on Lynde Drive. The petitioner and the City have evaluated a number of options to resolve the problem. In an effort to eliminate on-street parking on Lynde Drive, the City agreed to sell a portion of the property to the petitioner to accomplish some parking expansion. If a lot split is approved, the City would retain the northern 10,795 square feet of the Polk Street lot to place on the market for a new single family dwelling. The southern portion would be sold to the owners of the Moore Lake Apartments. 7E Staff Report L.S. #94-06 and SP #94-16 David Stewart Page 3 Both the Fridley Housing & Redevelopment Authority (HRA) and the Appeals Commission have reviewed elements of this transaction/development proposal. The Housing & Redevelopment Authority has agreed to loan the petitioner a small portion of the improvement costs to complete the associated parking improvements. Special Use Permit Section 205.07 . O1.C. (7) of the R-1, Single Family Dwelling district requires: Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10) feet is required. (b) Proper screening, which includes a planting strip, fence, or wall shall be provided on the property. This must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved and considered acceptable to the City. The Appeals Commission considered and approved variances to the 35 foot setback from the street, the 10 foot setback from the north property line, and the 10 foot setback from the west property line. As recommended for approval, the parking would be 20 feet from the Polk Street right-of-way, 5 feet from the north line, and 5 feet from the west line. A survey has been provided to illustrate the new lot configurations to be created and the setbacks as recommended for approval. The proposed expansion will provide an additional 8 - 15 parking spaces. The petitioner indicates that the expansion will help to eliminate the on-street parking on Lynde Drive. RECOMMENDATION/STIPULATIONS: 3taff recommends approval of lot split request, L.S. #94-06, subject to the following stipulations: 7F Staff Report L.S. #94-06 and SP #94-16 David Stewart Page 4 1. The 35' x 140' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205. 07. 01.C. (7) . 2 . The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR #94-26, shall be approved. 3taff recommends approval of a special use permit subjeot to the followinq 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. 7G G,�3-l'.,7-1'�'�4 1�'� 11AM P•�� '� l� k'9 O �. � � X ,, O � ' • 0 ^-� �' � `� � �b� � � _� � � �-�O O c/� I " � • . � � �� rz � � � '� ✓ � � � � �� d � � �- � D � � r � � � r � � � � � � ° � � v U � - � . . � � . � . � � � �, � � � , � � � a �� l . � �� .. . � � v� ° � (� � 6' . � , � � ,r ,� �- . ° � ' � ,.,, ' P� v � -� � ; _ � . �i J � 1� . �� x " � � a . . � � Z a s :� , � � � � w �, .� �, � � � �� ^ � _ �� r� t� . , � � , D ' x5 � (1 ` � � r 4 [e � /� � . r � M u - , C,1 � . �' � � � � , ; . . �,� � t-, . � � � � � � � `�'� . . . � y � ° � � , � . .�� . : . . 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'S• .� 1 1.S.L ��U�^�.�i G�� S.;'�+...- , �..J • -...7^..�r /��;, .. , _ --------------- ---�_-�-✓ �. �. .�; � ` ____ � "'Y � � ��' � .. F . CITY OF FRIDLEY PLANNING COMMISSION MEBTING� OCTOBER 19� 1994 r / .. CALL TO ORDER• �� Chairperson Newman called the October 19, 1994, anning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dian Savage, Dean Saba, Brad Sielaff Members Absent: Dave Kondri , LeRoy Oquist, Connie Modig Others Present: Scott H' kok, Planning Coordinator Miche McPherson, Planning Assistant Mea in Nordstrom, 501 Rice Creek Boulevard B Gilstad, 930 Hackmann Avenue N.E. � avid Stewart, 1005 Fifth Street, Minneapolis, Minnesota Marlene Knight, 503 Rice Creek Terrace N.E. APPROVAL OF CTOBER 5 1994 PLANNING COMMISSION MINUTES: MOTION Mr. Sielaff, seconded by Mr. Saba, to approve the Octob 5, 1994, Planning Commission minutes as written. II N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED HE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A LOT SPLIT, L.S. #94-06, BY DAVID STEWART: To split Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota, into two parts: Parcel A: the south 35 feet of Lot 3, Block 2, Sexter - Addition; and Parcel B: that part of Lot 3, Block 2 , Sexter Addition, lying north of the north 35 feet of said Lot 2, This property is generally located at 5720 Polk Street. Mr. Hickok stated the first three items are related. The lot split involves the property at 5720 Polk Street N.E. which is owned by the City. The City purchased the property as part of the Polk Street improvement which required additional right-of- way to be acquired. In 1992, a house was on the site. Because the additional right-of-way took enough of the site, the City purchased the entire site and demolished the house. Mr. Hickok stated the lot split involves the southern 35 feet . � PLANNING COMMI88ION MEETING OCTOBER 19 1994 PA(3E 2 across the entire southern edge of the property as it abuts the Moore Lake Apartment property to the south. Mr. Stewart, the petitioner, is one of the owners of the Moore Lake Apartment complex, and this lot split is being proposed to add to the current parking for that site. Originally, there were 70 parking stalls planned with the apartments. At the time the buildings were constructed, 64 parking spaces were required. With time and two income households using two cars per family, it would increase the demand and number of spaces required. Our current standards would require 109 spaces for a complex of this size. With the complex pre-dating this requirement, it leaves cars parked on Lynde Drive. The petitioner has discussed this problem with staff and the City Council. The City Council asked staff to look at this and evaluate some alternatives. Mr. Hickok stated staff and the petitioner have discussed alternatives. Originally it was felt there may be an opportunity to purchase not only a portion of the City property but also ' property to the west owned by Mr. and Mrs. Gilstad and that owned _ by Pure Oil Company. At that time, neither the Gilstads nor Pure oil Company were willing to sell property; therefore, this parking lot expansion would accomplish some of what the complex owners are after and would certainly help the parking along Lynde Drive. The construction of this parking area would allow 15 spaces on the property. As 15 spaces are created, some other spaces will be replaced. The net gain is approximately,, 8 parking spaces. Mr. Hickok stated the lot split leaves a portion of the property to the north to be retained by the City which would accommodate a single family dwelling. The minimum lot size in this R-1 district is 9, 000 square feet. With the potential sale of 5,705 square feet, there remains a lot that exceeds the minimum standard for both width and depth. � Mr. `Hickok stated staff recommends approval of the lot split with the following stipulations: 1. The 35' x 140' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.01.C. (7) . 2 . The new 35'x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR #94-26, shall be approved. MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the letter of October 17, 1994, from Councilmember Billings regarding i � PLANNING COMMISSION MEETING OCTOBER 19, 1994 PAGE 3 the property at 5720 Polk Street. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Newman stated Councilmember Billings states in his letter that, first, selling or leasing the entire parcel would be a major fix of the parking problem; second, splitting the property creates a need for additional variances; and third, the reason for the adjacent zoning change to R-1 would eliminate the possibility of Union 76 building a combination fast-food/gas station. Mr. Hickok stated, in response to the first comment, the proposal is to split off the southern 35 feet. In previous City discussions including City Councilmembers, the interest was in retaining as much of that property as possible while still allowing some relief, if possible, to the apartments to the , south. It was felt that in the early discussions, for the residents on Polk Street, this would be an appropriate solution. After purchasing the property and demolishing the original house, the potential of construction of a new .house with some relief for the apartments would be there. If the Commission prefers, staff could do an analysis on what the gain would be in using the entire site. The circulation would need to be laid out, and staff would need to see how many spaces could be available on the site. Staff's understanding of their direction was that the southern 35 feet would be most appropriate. Mr. Hickok stated, in response to the second comment regarding the need for additional variances, the Appeals Commission reviewed this item at their meeting of October 11, 1994, and the Appeals Commission recommended the variances. One variance reduced the setback from the west lot line of this 35 foot strip from 10 feet to 0 feet. Mr. Newman stated this is a side yard setback and to eliminate that setback could eliminate one parking space. Mr. Hickok stated this was correct. Mr. Hickok stated a variance reduced the setback from 10 feet to 5 feet along the northern portion of the parking area to allow standard depth parking stalls of 20 feet and allow enough room for the reguired screening fence and landscaping. Mr. Newman asked why they reduced the setback to 5 feet rather than taking another 5 feet from the lot so no variance would be necessary. Mr. Hickok stated in doing this the remaining property would be � 1 PLANNING COMMISSION MEETING OCTOHER 19. 1994 PAGB 4 less than the minimum standard. Leaving a standard lot was i�portant. The City could have set firna with a 75 foot lot and given them 2 additional feet. They did not do this so 5 feet was requested. Mr. Hickok stated, along Polk Street and in order to allow for another parking stall, a variance was requested to reduce the setback from 35 feet to 20 feet. In order to accomplish that, staff has made a recommendation to landscape along the street side of the project in order to soften the impact of that parking staff. Mr. Newman asked if there was a need for more parking than what is provided in this lot split. Mr. Hickok stated, according to the code, a modern day complex of this size would require 109 spaces. If you were to determine the needs based on the demand in that area, one would look at the , cars parked along Lynde Drive. According to windshield surveys and reports from the complex, about 15 cars are parked on the street on any given day. With the creation of 15 stalls, it is getting at the problem but not solving the problem. Mr. Newman asked if taking all of the property on Polk Street and turning it into a parking would be too much. Mr. Hickok stated it was possible. Staff can do an anaiysis to see how many stalls they could get and what the circulation would be. Mr. Hickok stated Councilmember Billings refers to the rezoning to R-1 which would require a future buffer zone. In the C-1 and commercial districts in general it states that "permitted buildings and uses, except automobile parking and loading spaces, driveways, central services, walks, planting spaces, shall not be closer to the boundary line of any adjacent residential district than 30 feet to allow for plantings, buffers, and screening. " In the comments regarding rezoning, there is concern about the 30 foot buffer. If Union 76 wishes to do certain things, they would have that issue to deal with on a rezoning to a residential site to the east. Mr. Newman asked what the current setback is. Mr. Hickok stated, because the property behind them is commercial, the commercial property could have a 0 lot line if the other property was involved. There is more flexibility if the property remains commercial. That certainly is an issue the Councilmember is pointing to in the letter. Mr. Saba asked if the City has tried to sell the property at 5720 > PLANNING COMMISSION MEETING OCTOBER 19, 1994 PAGE 5 Polk Street before. Mr. Hickok stated no. He believed this to be the first discussion. Mr. Newman asked, with the lot split, will the remaining parcel to the north meet the minimum requirements for a residential lot. Mr. Hickok stated yes. The lot would actual exceed the minimum requirements. Mr. Newman asked, with the dimensions, can someone build a single family home without a variance. Mr. Hickok stated yes. This is a nicely situated site with some mature vegetation. Ms. Savage stated there is a very large tree on the site. Is � that on the portion being considered to be sold? Ms. McPherson stated the tree is on the remnant piece that the City would retain. � Mr. Sielaff asked the current zoning on the lot and if the lot would need to be rezoned. Mr. Hickok stated the lot is currently zoned R-1. That is the reason for the special use permit which would allow for parking on an R-1 property. Mr. Saba asked if the landscape plan is approved by the City. Ms. McPherson stated yes. The landscape plan was developed by staff. The petitioner has seen the landscape plan which is part of the variance approval as a stipulation. Mr. Saba asked if there was a date set for completion of the landscaping. Ms. McPherson stated she did not believe a date was set for completion of the landscaping. The stipulation could be amended to indicate a date. Mr. Sielaff asked if the apartment owners were willing to pay for the entire lot. Does this have anything to do with whether they are willing to do so? Mr. Hickok stated the petitioner is present. This has not been discussed. Mr. Stewart, a managing partner of the Moore Lake Apartments, r � PLANNING' COMMISSION MELTING OCTOBLR 19, 1994 PAGE 6 stated he could not add much to what had been discussed. With the expansion of the lot to the north, this will increase the parking spaces and solve some of the problems. This will also add to the safety from the point of view of the fire chief, who is concerned about bringing equipment in the back. At the back of the building, the space is very tight. Currently, there are seven parking stalls which are very small and they had a difficult time with snow. The additional space will alleviate the problems of bringing in safety equipment, if needed, and make 18 staffs that are effective parking stalls. As part of the rezoning, they will have the ability to contain snow on that easement portion of the property. Mr. Stewart stated he had talked with the City about buying the lot and maintaining the lot, but the City wanted to keep it for a single family home and were concerned about the large tree. It would also require access on Polk Street. Our present plan does not provide access to Polk. Mr. Sielaff asked if he had interest in acquiring the entire lot. Mr. Stewart stated, from an economic point, he was not sure how many stalls would be created. He was not sure it would solve the problem. Unfortunately, everyone now has two cars. The City has granted relief by allowing some parking on the street and he would like to see that maintained. The addition of these stalls i will make a major difference. It is also a matter of cost. Mr. Sielaff asked if Mr. Stewart thought there would no lo�ger be a need for on street parking. Mr. Stewart stated he thought this would solve the problem of residents. It is the guests of the residents that cannot. find spaces. When they received a reprieve from the City in June, they were given 6 to 9 months to come to some solution. They put up signs and brought out safety vehicles. To the best of his knowledge, there has not been a problem on the street. Ms. Savage stated the Appeals Commission voted unanimously to approve the request. It seemed to be a solution to the parking problem which did not adversely impact the neighborhood and was in keeping with the code. The stipulations were agreed to. She would be opposed to the use of the entire property for parking. One reason being that it would take away green space. That is a residential area. Turning that entire lot into a parking space would be detrimental. There is a large mature tree that is an asset which we should try to keep. The petitioner is not asking for more space and the solution proposed solves the parking problem, saves the green space, and keeps the residential character. She would be in favor of the lot split. PLANNING COMMISSION MB$TING 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 stated. Mr. Newman stated, as far as the variances go, one variance is to keep the remaining lot residential. He does want to get into the realm of the Appeals Commission, but it seems the City Councilmember raised issues we should address. As far as the lot split, it makes sense. MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve Lot Split, L.S. #94-06, by David Stewart, to split Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota, into two parts: Parcel A: the south 35 feet of Lot 3, Block 2, Sexter Addition; and Parcel B: that part of Lot 3, Block 2., Sexter Addition, lying north of the north 35 feet of said Lot 2, This property is generally located at 5720 Polk Street, with the following stipulations: 1. The 35' x 140' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.O1.C. (7) . 2. The new 35'x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3. Special Use Permit, SP #94-16, and Variance request, VAR - #94-26, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. i 2 . PUBLIC HEARING: CONSIDERATION OF A SPECI��USE PERMIT, SP #94-16, BY DAVID STEWART: ``� Per Section 205.07.O1.C. (7) of the �r�dley City Code, to allow automobile parking for adja nt uses, on the south 35 feet of Lot 3, Block 2, Sextere ddition, generally located at 5720 Polk Street N.E. ,;' ,-` MOTION by Ms. Savage, seconde by Mr. Sielaff, to waive the reading of the public heari notice and to open the public hearing. � , [� Community Development Department l.� PLANNING DIVISION City of Fridley DATE: December 1, 1994 � TO: William Burns, City Manager �v� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Resolution Approving a Lot Split Request, L.S. #94-06, by David Stewart, to Divide Property into Two Separate Parcels, Generally Located at 5720 Polk Street N.E. AND 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. The Planning Commission reviewed a total of four separate land use requests by David Stewart. All requests relate to the expansion of the parking lot at the Moore Lake Apartment complex. A lot split, special use permit, variance, and rezoning have been requested. A copy of two of those items, the lot split and special use permit, have been attached to this memo for your review. You will note the other two items appear as separate items on this agenda. RECOMMENDATIONS• The Planning Commission reviewed these items and unanimously recommended approval with the following stipulations: Lot split request, L.B. #94-06: 1. The 35' x 140' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205. 07.01.C. (7) . 2 . The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR � David Stewart Requests L.S. #94-06 and SP #94-16 December 1, 1994 Page 2 Special use permit, 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 elementss 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. Staff recommends that the City Council concur with the Planning Commission recommendations. SH/dw M-94-720 7A � Community Development Department C� PLANNING DIVISION City of Fridley DATE: August 10, 1995 ' TO: William Burns, City Manager D,�� v FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Under Section 12 . 06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof In 1994, the City approved a lot split to split Lot 3 , Block 2, Sexter Addition (5720 Polk Street) . The split created a parcel 35 feet wide which was sold to Dave Stewart for additional parking for the Moore Lake Apartments. In order for the City to dispose of the remaining part of Lot 3 , Block 2 , it must be declared excess and its sale authorized. The City Charter requires that the sale of all public lands occur via ordinance. Staff has prepared for the City Council's review and approval an ordinance to declare that part of Lot 3, Block 2, Sexter Addition, Anoka County, Minnesota, lying northerly of the south 35. 00 of said Lot 3, excess, and thereby authorize the sale thereof. A location map has been attached for your review. RECOMMENDATION Staff recommendations that the City Council hold the first reading of the attached ordinance declaring the property as surplus and authorizing its sale. SH/ M-95-434 13.01 � FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 9 the 3 5 f oot by 14 0 f oot parcel adj acent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.01.C. (7) ; (2) the new 35 foot by 140 foot parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel; and (3) Special Use Permit, SP #94-16 and Variance Request, VAR #94-26 shall be approved. Seconded by Councilwoman Bolkcom. Councilman Billings stated that a variance is needed in conjunction with this lot split, and he has a problem with the City creating a lot that would require variances. He questioned if the addi- tional fifteen parking spaces would solve the parking problem at this apartment complex or only a portion of the problem. Councilman Schneider stated that it would only solve a portion of the problem, but this is moving in the right direction. Councilman Billings stated that the City owns the Branco property and is splitting off a portion of this lot for the parking expansion. He questioned why the entire lot could not be sold to create additional parking. Councilwoman Jorgenson stated that because of the street widening project several years ago, the lot line was moved to the west on this particular property. She stated that the variance being requested is due in part to the street project. She stated that during the time of this project there was discussion among residents on Polk Street and Lynde Drive if the Branco property should be acquired and demolished. She stated that the residents wanted to make sure it remained as a residential home rather than turned into a � parking lot. She felt that it is a question of trying to maintain the residential character of the neighborhood. Councilman Schneider stated that he shares Councilman Billings' concerns, but short of changing the street patterns or removing the Union 76 gas station, this solution to solve some of the parking problems is certainly a compromise proposal with a minimal impact to the neighborhood. Mr. Hickok stated that there is some vegetation and mature trees on the Branco property that enhance the residential character of the neighborhood. This was taken into consideration in the analysis of a solution to the parking problem. Councilman Billings asked the front footage of the remaining portion of this lot. Mr. Hickok stated that it would be 77 feet, and the code requires 75 feet. . Councilman Billings stated that the fence between this lot and the property to the north encroaches on the property by a half foot. � FRIDLEY CITY COIINCIL 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 po�.nt 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 which is presently owned by the City. Mr. Hickok stated that if this lot split is approved the buildable lot would contain 10,795 square feet, and the code requires a minimum lot size of 9,000 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor 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. B. SPECIAL USE PERMIT RE UEST SP 94-16 BY DAVID STEW TO ALLOW AUTOMOBILE PARKING FOR ADJACENT USES, GENERA LOCATED AT 5720 POLK STREET N.E. (WARD 2) : '� .r` MOTION by Councilman Schneider to grant Spec�al� Use Permit Request, SP #94-16, with the following stipulationszJ (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 .5taff including the following elements: (a) 2, Nanking Cherry; ;(bj 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 concret'e curbing in accordance with the Fridley Engineering Departm��t's specifications; (5) the petitioner shall install a six � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5. 1994 PAGE 7 �- 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12 .07 OF TH,� CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APP NDIX C OF THE CITY CODE VACATION RE UEST SAV 94-03 BY��'MEARLIN NORDSTROM) (WARD 1) : � MOTION by Councilman Billings to waive the reading and,�'approve the ordinance on first reading with the following stipu�ations: (1) a 12 foot drainage and utility easement shall be d�dicated along the inside of the west and north property lines; and (2) the garage expansion shall comply with the code requirements or a variance obtained. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE TO AMEND �THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA, BY MAKING A CHANGE IN _ZONING DISTRICTS (REZONING RE UEST ZOA #94-03 , BY DAVID STEWART AND ROBERT GILSTAD) (WARD 2) : Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from C-1 to R-1 located west of 5720 Polk Street and south of 930 Hackmann Avenue. He stated that this rezoning is also associated with other requests for a lot split, special use permit, and variances. He stated that the purpose of the rezoning is to allow for expansion of the parking lot at the Moore Lake apartment complex on a portion of a City-owned parcel at 5720 Polk Street. He stated that the petitioner has negotiated with the owner of the property along the south property line to obtain an easement for snow storage. He stated that this rezoning would be compatible with adjacent uses and zoning, and it meets the district requirements. Mr. Hickok stated that no stipulations are recommended in conjunc- tion with this rezoning request. MOTION by Councilman 5chneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL, INC. „� (WARD 2) : MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading with the following stipulations: (1) the petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit; and (2) the petitioner shall comply with the comments in Scott Erickson' s memorandum dated October 17, 1994 prior to issuance of a bu�lding permit. Seconded by Councilman Billings. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried u�ianimously. � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 8 7. RECEIVE AN ITEM FROM THE PLANNING CONIIKISSION MEETING OF OCTOBER 19, 1994: A. RESOLUTION NO. 98-1994 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 5720 POLK STREET N.E. (BY DAVID STEWART) (Ward 2) : Mr. Hickok, Planning Coordinator, stated that this lot split would split off a 35 foot by 140 foot parcel adjacent to the Moore Lake apartment complex to be utilized for parking expansion. He stated that this would create an additional fifteen parking stalls and still leave a single family residential site. Mr. Hickok stated that the Planning Commission recommended approval of the lot split with three stipulations. He stated that this lot split is part of the process, along with the rezoning, special use permit, and variance requests, to provide additional parking at the Moore Lake apartment complex. Councilwoman Jorgenson stated that there is a difference in eleva- tion between the Branco property owned by the City and the apart- ment complex property, and she understood there would be some excavation so both properties are at the same elevation. Mr. Stewart, the petitioner, stated that there would be excavation so that both properties are at the same level. He stated that a fence would also be erected to screen the Gilstad property. Councilwoman Jorgenson stated that the drop in elevation on the Gilstad property is significantly greater than on the Branco property. She asked if the fill excavated from the Branco property would be used to fill the Gilstad property. Mr. Stewart stated that the intent is to take the fill that was excavated and move it to the Gilstad easement, slope it, and reconstruct the fence. He stated that the fence should be at or about the same height as the existing fence. Councilwoman Jorgenson asked what would keep the filled material from eroding on to the Gilstad property. Mr. Hickok stated that the City would require seeding as a minimal ground cover to control erosion. Councilman Schneider stated that when the special use permit is considered it may make sense to add a stipulation regarding erosion. Councilwoman Jorgenson stated that her concern is that erosion may cause damage to the fence. MOTION by Councilman Schneider to adopt Resolution No. 98-1994, with the following three stipuiations attached as Exhibit A: (1) . RESOLUTION NO. 98 - 1994 RESOLIITION APPROVING A SIIBDIVISION, LOT SPLIT, L.S. �94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 5720 POLR STREET N.E. WHEREAS, the City Council approved a lot split at the December 5, 1994 meeting, and stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota into two separate parcels: Parcel A: The south 35 feet of Lot 3, Block 2, Sexter Addition; and Parcel B: That part of Lot 3, Block 2, Sexter Addition lying north of the south 35 feet of said Lot 2. This property is generally located at 5720 Polk Street. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF DECEMBER, 1994 . WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK r � EXHIBIT A Resolution No. 98 - 1994 1. The 3 5� x 14 0' parcel adj acent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07. O1.C) . 2 . The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR #94- 26, shall be approved. t" STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have carefully compared the RESOLUTION attached hereto, adopted by the City Council of the City of Fridley at said meeting on DECEMBER 5, 1994 with the original record thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to: RESOLUTION NO. 98-1994 A RESOLUTION APPROVIIdG A SUBDIVISION, LOT SPLIT� L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELB, GENERALLY LOCATED AT 5720 POLR STREET N.E. WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 30TH day of JANUARY, 1995. (SEAL) WILLIAM A. CHAM CITY CLERK OF THE CITY F FRIDLEY � f 159 i RESOLUTION N0. 98 - 1994 i � RESOLUTION APPROVING A SUBDIVISION. LOT SPLIT, L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 5720 POLR STREET N.E. WHEREAS, the City Council approved a lot split at the December 5, 1994 meeting, and stipulations attached as Exhibit A; and - WHEREAS, such approval was to split Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota into two separate parcels: Parcel A: The south 35 feet of Lot 3, Block 2, Sexter Addition; and Parcel B: That part of Lot 3, Block 2, Sexter Addition lying north of the south 35 feet of said Lot 2. This property is generally located at 5720 Polk Street. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. fNOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner � to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE 'CITY COUNCIL OF THE CITY OF FRIDLEY THIS STH DAY OF DECEMBER, 1994. �� v.� WILLIAM , NEE - MAYOR ATTEST: �/ � � i� WILLIAM A. CHAMPA - CITY LERK � 160 i Page 2 -- Resolution No. 98 - 1994 _ � EXHIBIT A 1. The 35' x 140' parcel ad�acent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.O1.C) . 2. The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3. Special Use Permit, SP #94-16, and Variance request, VAR #94-26, shall be approved. I � _ �"�Ya` C��F FRiDLEY F�RIf�Ll:1' MU!�'IC'IPAI,CENTER • (i431 UNtVERS1TY AVE. N.(�. FRl[�t,_E1�. �Ul\ ii-13? • 161�1 �71-3-i50• FAX (61'1571-I?}{7 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 Lot Split, L.S. #94-06, to split Lot 3 , Block 2 , Sexter Addition, City of Fridley, Anoka County, Minnesota into two parts: Parcel A: the south 35 feet of Lot 3 , Block 2 , Sexter Addition; and Parcel B: that part of Lot 3 , Block 2 , Sexter Addition lying north of the north 35 feet of said Lot 2 , This property is generally located at 5720 Polk Street. Approval of this lot split request is contingent upon the following stipulations: 1. The 35' x 140 ' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205. 07 . O1.C. (7) . 2 . The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR #94-26, shall be approved. L.S. #94-06, by David Stewart December 12 , 1994 Page 2 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. , � . ST�TE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) PLAT/LOT SPLIT CITY OF FRIDLEY ) In the Matter of: a lot split, L.S. ��94-06 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 plat/lot split pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To split Lot 3, Block 2, Sexter Addition into two separate parcels. See attached Resolution No. 98 - 1994 for legal description. This property is generally located at 5720 Polk Street N.E. -r �y-3�� a��-3a -vv8a "(� DD 8( 7ti IT IS ORDERED that a plat/lot split be granted as upon the following conditions or reasons: Approval with three 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 plat/lot split 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 Fridle , Minnesota, in the County of Anoka on the ��+-�-N day of ,�� , 19 �(v . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 1 � W William A. Champa, Ci Clerk � . � - �SEAL�.�; _} . R ,`�`.� '. '� u � Jj`'�!,'.. W i, �i � ..�` �':.?�� M1��.. �n' .' �. RESOLUTION NO. 98 - 1994 RESOLUTION APPROVING A SUBDIVISION� LOT SPLIT, L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 5720 POLR STREET N.E. WHEREAS, the City Council approved a lot split at the December 5, 1994 meeting, and stipulations attached as Exhibit A; and WHEREAS, such approval was to split Lot 3, Block 2, Sexter Addition, City of Fridley, Anoka County, Minnesota into two separate parcels: Parcel A: The south 35 feet of Lot 3 , Block 2, Sexter Addition; and Parcel B: That part of Lot 3 , Block 2, Sexter Addition lying north of the south 35 feet of said Lot 2. This property is generally located at 5720 Polk Street. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split the property into two separate lots. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF DECEMBER, 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK EXHIBIT A Resolution No. 98 - 1994 1. The 35' x 140' parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205. 07. 01.C) . 2 . The new 35' x 140' parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel. 3 . Special Use Permit, SP #94-16, and Variance request, VAR #94- 26, shall be approved. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 7 4 . FIRST READING OF AN ORDINANCE UNDER SECTION 12.07/OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AM D APPENDIX C OF THE CITY CODE VACATION RE UEST SAV 94- 3 BY MEARLIN NORDSTROM) (WARD 1) : MOTION by Councilman Billings to waive the read' g and approve the ordinance on first reading with the following stipulations: (1) a 12 foot drainage and utility easement sha be dedicated along the inside of the west and north property li, es; and (2) the garage expansion shall comply with the code requirements or a variance obtained. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE TO' AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST ZOA #94-03, BY DAVID STEWART AND ROBERT GILSTAD) (WARD 2) : Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from C-1 to R-1 located west of 5720 Polk Street and south of 930 Hacl�ann Avenue. He stated that this rezoning is also associated with other requests for a lot split, special use permit, and variances. He s�tated that the purpose of the rezoning is to allow for expansion of the parking lot at the Moore Lake C apartment complex on a po�tion of a City-owned parcel at 5720 Polk Street. He stated that' the petitioner has negotiated with the owner of the property along the south property line to obtain an easement for snow storage. He stated that this rezoning would be compatible with adj acent uses and zoning, and it meets the district requirements. Mr. Hickok stated that no stipulations are recommended in conjunc- tion with this re�oning request. �- � MOTION by Council:man Schneider to waive the reading and approve the ordinance on f�rst reading. Seconded by Councilwoman Bolkcom. Upon a voice vbte, all voting aye, Mayor Nee declared the motion carried unani�hously. 6. FIRST �ADING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY 4'jF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DI��CTS (REZONING REQUEST ZOA #94-05, BY BRUCE MOSEMAN OF SUPR ME TOOL INC. WARD 2 : MOTION b Councilman Schneider to waive the reading and approve the ordinan e on first reading with the following stipulations: (1) the pe itioner shall submit a landscape plan complying with the distr'ct requirements prior to issuance of a building permit; and (2) he petitioner shall comply with the comments in Scott Eric son's memorandum dated October 17, 1994 prior to issuance of �f"` a b ilding permit. Seconded by Councilman Billings. Upon a voice �� vo e, ail votinq aye, Mayor Nee declared the motion carried urianimously. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5. 1994 PAGE 8 � 7. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19. 1994: A. RESOLUTION NO. 98-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS GENERALLY LOCATED AT 5720 POLK STREET N.E. (BY DAVID STEWART� (Ward 2) : Mr. Hickok, Planning Coordinator, stated that this lot split would split off a 35 foot by 140 foot parcel adjacent to the Moore Lake apartment complex to be utilized for parking expansion. He stated that this would create an additional fifteen parking stalls and still leave a single family residential site. Mr. Hickok stated that the Planning Commission recommended approval of the lot split with three stipulations. He stated that this lot split is part of the process, along with the rezoning, special use permit, and variance requests, to provide additional parking at the Moore Lake apartment complex. , Councilwoman Jorgenson stated that there is a difference in eleva- tion between the Branco property owned by the City and the apart- ment complex property, and she understood there would be some excavation so both properties are at the same elevation. Mr. Stewart, the petitioner, stated that there would be excavation � so that both properties are at the same level. He stated that a fence would also be erected to screen the Gilstad property. Councilwoman Jorgenson stated that the drop in elevation on the Gilstad property is significantly greater than on the Branco property. She asked if the fill excavated from the Branco property would be used to fill the Gilstad property. Mr. Stewart stated that the intent is to take the fill that was excavated and move it to the Gilstad easement, slope it, and reconstruct the fence. He stated that the fence should be at or about the same height as the existing fence. Councilwoman Jorgenson asked what would keep the filled material from eroding on to the Gilstad property. Mr. Hickok stated that the City would require seeding as a minimal ground cover to control erosion. Councilman Schneider stated that when the special use permit is considered it may make sense to add a stipulation regarding erosion. Councilwoman Jorgenson stated that her concern is that erosion may cause damage to the fence. MOTION by Councilman Schneider to adopt Resolution No. 98-1994, �, with the following three stipceiations attached as Exhibit A: (1) J FRIDLEY CITY COLiNCIL MEETING OF DECEMBER 5. 1994 PAGE 9 l the 35 foot by 140 foot parcel adjacent to the Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be landscaped/screened according to Section 205.07.O1.C. (7) ; (2) the new 35 foot by 140 foot parcel shall be consolidated with the Moore Lake Apartment site as one tax parcel; and (3) Special Use Permit, SP #94-16 and Variance Request, VAR #94-26 shall be approved. Seconded by Councilwoman Bolkcom. Councilman Billings stated that a variance is needed in conjunction with this lot split, and he has a problem with the City creating a lot that would require variances. He guestioned if the addi- tional fifteen parking spaces would solve the parking problem at this apartment complex or only a portion of the problem. � Councilman Schneider stated that it would only solve a portion of the problem, but this is moving in the right direction. Councilman Billings stated that the Cit}� owns the Branco property and is splitting off a portion of this lot for the parking expansion. He questioned why the entire lot could not be sold to create additional parking. Councilwoman Jorgenson stated that because of the street widening project several years ago, the lot line was moved to the west on this particular property. She stated that the variance being � requested is due in part to the street project. She stated that during the time of this project there was discussion among residents on Polk Street and Lynde Drive if the Branco property should be acquired and demolished. She stated that the residents wanted to make sure it remained as a residential home rather than turned into a � parking lot. She felt that it is a question of trying to maintain the residential character of the neighborhood. Councilman Schneider stated that he shares Councilman Billings' concerns, but short of changing the street patterns or removing the Union 76 gas station, this solution to solve some of the parking problems is certainly a compromise proposal with a minimal impact to the neighborhood. Mr. Hickok stated that there is some vegetation and mature trees on the Branco property that enhance the residential character of the neighborhood. This was taken into consideration in the analysis of a solution to the parking problem. Councilman Billings asked the front footage of the remaining portion of this lot. Mr. Hickok stated that it would be 77 feet, and the code requires 75 feet. Councilman Billings stated that the fence between this lot and the property to the north encroaches on the property by a half foot. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 5, 1994 PAGE 10 �' �i 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 po�nt in the future, the City may be selling this property. He cfuestioned 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 agreeinent 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 which is presently owned by the City. Mr. Hickok stated that if this lot split is approved the buildable � lot would contain 10,795 square feet, and the code requires a minimum lot size of 9,000 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor 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. B. SPECIAL USE PERMIT REQUEST, SP #94-16, BY DAVID STEFIART, 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 edg'ng; (4) the parking lot perimeter, except for the area next to e retaining wall, shall be lined with six inch concrete curbi in accordance with the Fridley Engineering Sf Department's spec' ications; (5) the petitioner shall install a six �� . � . . ABSTQACT Receipt # �"' �` ''` ❑ Certified Copy Date�Time: �Sq� ' ��0�30 C Tax Liens�Releases Doc. Order � of ( ❑ Multi-Co Doc Tax Pd ✓ by: Recotdability: ❑ Trans(er � Desc. filing Fees: _ I ❑ Division ❑ GAC DOCUMENT N0. 12 3 O 3 5 9 . 0 ABSTRACT Def. Delqs: Pins: � o s�ar�� o SpeC• ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON �TUL 15 9 6 AT 4 :3 O PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19 . 5 O pAID. RECEiPrNo. 96047063 EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES AJH BY DEPUTV PROPERTV TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � � l� I