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SP94-09 - - - � CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 5�432 ((12) 571-3450 . COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: � � 7,3 � +'� ��1 N�C� Propeity Identification Number(PIN) � �3� 0�2 �f a2 o r 3 7 Legal description: Lot � '�' Block /� Tract/Addition ��iJ E� �.✓' � Current zoning: �- ( Squa�•e footage/acreage 0 �0 S(��-f' Reason for special use permit: �EQu�2.�h �� G,{-�,� �' �r�c.��Q�� (`�— (.LS� p-� �� b� � �c��vt 6 Section of City Gode: � Have you operated a business in a ciry 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) ; (Contrac urchasers: Fee Ow ers must sign this form prior to processing) � NAME n!(l-I� � ' .t o,.� ` ADDRESS (aS0 (. ;,,� �1�, ', "" ;C��'� �; sT �� SS�o�v DAYTIME PHON - - Z. } SIGNATURE � DATE �-zo-�i� PETITIONER INFORMATION � NAME �O/�-�Z� S,�l-�5�2V G�Q.�,12�. ADDRESS �{�I� 1�f Sr ��-n� �/, �it�. �,, �,uc,.� C�� 5530 � DAYTIME PHONE t-��fZZ'e�j�� {� 56�- SId SIGNATURE - DATE �� o�o'�- �''I¢ Fee: $400.00 $100.00 for reside ial2nd ccessory buildings Permit SP# —C� Receipt# �� C Application received by: Scheduled Planning Commission date: Scheduled City Council date: CITY OF FRIDLEY PIJ�N R&VZEA CHEC�L28T B. Site Plan• Applicants for vacations must submit the leqal description of the parcel (easement, etreet, etc.) to be vacated. 1. Property line dimensions, location of all existing and preposed structures with dietance from boundaries, Complete site plans, signed by a registered architect, civil distance betveen strUctures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2• Grading and drainage plan showinq existing natural features (topoqraphy, wetlands, vegetation, etc.) as well as proposed qrade 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 survey may be required) • 3. All existinq and proposed points ot egress/ingress 3. Name, address, and telephone number of applicant, showinq widths of property lines, turni�g fadii abutting engineer, and owner of 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 of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Deacription of intended use of sita, buildings, and 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 atreats, alleys, sidewalks, bike patha, direction of 6. Existinq zoning and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscapinq Plan (i) Size of parcel in sq. ft. 6. Location, accese, and screening detail of trash enclosures (ii) Gross floor area of buildings 7. Loaetion and ecreening detail of rooftop equipment (iii) Percent o! site covered by building 8. Building elevations Prom all directions (iv) Percent of sita covered by impervious surface 9. Utility plan identifyinq size and direction oP existinq (v) Percent of site covered by qreen area water and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected nnmber of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) NUmber of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories 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, August 24, 1994 at 7:30 p.m. for the purpose of: Consideration ot a Special Use Permit, SP #94-09, by Gary Maciej, pursuant to stipulation#1 of a previous special use per- mit request, SP #88-12, specifically the stipulation which states: "The petitioner agrees that any future re—use of the building is subject to tinding,through the special use pe�mit process, that the re—use would be compatible with ihe surrounding neighbor- hood." The request would allow the building to be occupied by a cleaning service. The request is tor Lots 27 and 28, Block 12, Hyde Park Addition,the same being 5973— 3rd Street NE. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 17,1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION (August 9.16,1994)Fridley 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, August 24, 1994 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #94-09, by Gary Maciej , pursuant to stipulation #1 of a previous special use permit request, SP #88-12, specifically the stipulation which states: "The petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood. " The request would allow the building to be occupied by a cleaning service. The request is for Lots 27 and 28, Block 12 , Hyde Park Addition, the same being 5973 - 3rd 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 August 17, 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 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: August 9, 1994 August 16, 1994 SP 4�94-09 Gary Mac�ej/Donald Dickison J � ) �-1 � (f�n'r Ue/t —__ - _"/P9427_" _ - -- �{ -� '.'�i/ ,Zf/�O � �Jo i ��<<� C�' v /�a / i of// . - L .// '_'jl / 0� ;!r____� 30.✓,'� s % (.'f> �� J� /lf�n+` ;,��-�`, /�`(� fr8h" ^r . 3 o�'�a� �--/1 �� ed' . 30 ` "t-__ -�i '��1 19 �' - 2 - -� ° Z9 2 g(}).�9 L, 3 Z 9 ' 2 � ; 29 1__- _ _J 2B ��) 3 �?, � < � ZE;�) .3�): �B � 2 C��1 ;_3 �� S 'ti 2B f�� 7 �� .'7 ' 'L 7�3t) 4 �n� Z 7 � ¢ ; 27 -i---- --- 16 5 �'�'• , %r "iy� Jf �� r -�E--- ----�`---- z�' ��` -5 _� E �5 i�> 6 ��S -- E �� 2 5�,� 6 ,'r)- � S --6'— i �' 251�� z.; ;'s¢) ' �4!0�] " 7 2�- --�-- : � 2¢ �� 24 � �� 'u B G 3��c> B �> ` Z�� . 8 �� ;�� -- --� � --2�S Lz 9 i� 22 y �� 9-�'� : � 2� �4� L�9 ; 2z J , z, ,/,�� /O` 2/ (j /O �.�v�° 2/ � _JO 2/ �1 `1/a � V°� 2/ � _ ' ^ z� // 's.;.` 2�' // 2�\� . ��L� ` Z� �//�- -� 20 /9 (er� /Z!s>> : /9 �94j /Z�i}" /9 � ---/2-_ � /9 �` �- -- � 'L1/9 lB /3 �)° �� /3 /B /3 �v", = /B / a � /B , — � Q i i��> /¢ � /7��s] /Ql.� � /7�ti --j¢N; ;� .�1 ; �.��7 /E:�°� /S�'>>; ;� i6 /.S - �` /F- 0 6 ---a-� /6 ? , ° �' � �1/ � � =o .o 'fn. o -� --- ZI � I i:�or i:tos o � �s.ts1 �. `v l l � os 1i .c� -7� - ,z�. ,30 ,�1 / �� ,�o � • �,\ � � 3 o v.7 / �a •: � �i� � F 3o i 2� 2 � : 29 Z � 2 9 s1 2 - -� x : 27 z.� p�. 3 �`` � zB 1 3 �� = 2 B 3 �� : - - - � � r - zo; z� � _27 __ 4 - �,� V� .Q. �tit I''� ~ z71 :i � 26 �� 5��. 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L.� � � \� � ZB -� Z8 1, .� : Q , Z�-- `� c.., 1 _ Z ` ` N : --� ,_7 �� v ¢ � 27 ¢ � • 27 �;' (�3�¢ : �1= �'�G7 `e`�s ¢ `' ° E N � u� � ��6 � 5 , 5 K�>• N 2E �� --3-�-� M � Nh�26 - -- J y ; 5 �s�� 6 ��° _ ; E 25 'S^� 6 ; Z� 6 . ; k� .. � ��-�4-- 7 2 4 � l��` 29 �'� � 7 `;��.° -,+°?2.�r �' �- -� ^ +f � i ' (43 i: "arx� ` ' '� d `'�l ° ,.6' Z B .�+1` °IS��Z3 8 � -- B- --� ^ --, ,, 9 � y :�b��2 9 �ti�,,: �z " �g `) „ti�./f N �2; � �� .� ` 2� �� o ,�;� zi �,;�� (�)ic � ��2/ ---T-o�� L.: � 2� ;!/ Z� �1�'� �)�� ' „r�)lG' � —f-�i � i--�% 7� LOCATION MAP S��* ,�,��-09 Mailing List Mailed: 8/8/94 Gary Maciej Donald Dickison Gary Maciej Frank Gabrelcik 49650 Alpine Avenue North 4614 - 161st Lane N.W. 5923 - 3rd Street NE Stanchfield, MN 55080 Andover, MN 55304 Fridley, MN 55432 Ione/William Alasppa John Pawluk John Rasmussen 5925 - 3rd Street NE 5931 - 3rd Street NE 8855 - 230th Street E Fridley, MN 55432 Fridley, MN 55432 Lakeville, MN 55044 Current Resident Current Resident Current Resident 5955 - 3rd Street NE 5965 - 3rd Street NE 5973 - 3rd Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael Larson Current Resident Constance Gunnufson 5771 W. Moore Lake Dr. 5915 - 3rd Street NE 5917 - 3rd Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Williams Alfred Gabel Willard Guimont 5945 - 2 1/2 Street NE 5947 - 2 1/2 Street NE 5980 - 3rd Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Norwood/Braithwaitef.5/-"`� ' Current Resident Robert Ecker 7412 Lyndale Avenue S. 5974 - 3rd Street NE 5940 - 3rd Street NE Minneapolis, MN 55423 Fridley, MN 55432 Fridley, MN 55432 Fridley Alano Society Timothy Richardson Paul Klein 5925 University Avenue NE 5978 - 4th Street NE 5974 - 4th Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Donna Ruch Terry Brooks Mels Van-O-Lite 5968 - 4th Street NE 5960 - 4th Street NE 6041 University Ave. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � ' urrent Resident David Larson Wolf Affais 6031 University Avenue NE 5980 - 4th Street NE 6015 - 2 1/2 Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 S�ev�'n Wraneschetz Harry Theroux , ,��Jeffrey Weddel 6030 - 3rd Street NE 6020 - 3rd Street NE �. 6010 - 3rd Street NE Fridley, MN 55432 Fridley, MN 55432 � Fridley, MN 55432 Franklin Hart Bradley Bjork Eugene Woehler 6000 - 3rd Street NE 251 - 60th Avenue NE 6011 - 2 1/2 Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Carl Reed David Henrikson Antoinette Wolfe 6017 - 3rd Street NE 6031 - 3rd Street NE 6007 - 3rd Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael Pestello NW Bell Telephone Co. Hugh Churchill 6011 - 3rd Street NE 5920 - 3rd Street NE 5955 - 2 1/2 Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Planning Comm. Chair City Council Members MEMORANDUM TO: V.irgi 1 C. Nerri ck FROM: _ Jim Schmeckpeper DATE: April 19 , 1982 . RE : • Change of Use Upon Sale of Property in Hyde Park Addition A question has been presented as to whether the owner of property located in the Nyde Park Addition can sell his property to another who intends to put it to a different use. The area has been zoned for single-fami�y dwellings under Frid- ley Code Section 205 .2104. This section includes as permitted uses those existing at the time the provision was enacted , which includes the use which the present owner of this property is carrying on. Therefore, the present use of the property is a permitted use �under Code Section 205 .2104( 3) . First of all, it is clear that the city cannot preven the conveyance of property through zoning legislation because zoning is concerned only with the use of property, not the ownership. V.F. Zahodiakin En ineerin Cor . v. Zonin Board - of Ad_justment , hJ , A 1 ; Olevson v. Zonin Board o�eview, 71 RI 303 , 44 A2d 720 ( 1945 . The City .can contro t e use which the subsequent ok=ner puts the property to, however. In this case, the purchaser kTho carries - on a busi- ness which is different than the present one would be in vio- lation of the zoning code. The property would not be used for single-family dwellings or their accessory buildings and the existing use would've ceased upon the change of businesses. Therefore, the subsequent use would not be a permitted use within 205.2104. In addition, the property would not qualify as a non-conforming use because the subsequent use did not exist at the time the zoning restriction took effect and becaus� the present use is a permitted use, not a non-conforming one. The use which the purchaser intends to put the prop- erty to would not be aUthorized by the Code nor would it qualif• as a non-conforming use. A permit to convert a use into another use contrary to the zoning ordinance is properly denied or revoked. Shaiman v. Ma or, Board of Commissioners and Board .= of Ad justment o Nekar , I�J Misc . , A ; Ka tenbach v. Board o Stan ar s and A eals , 274 NY 34 , 8 N.E.2 . The City may prohi it t e change of use, unless the change is to �one which is authorized by the code, subsequent to the sale of the property in the Nyde Park Addition. S._..��,�� i� �. � �'r1�'. ,, �. �� i� '. _, \ .."� � �� , J �� t -4 , .. , �, �_. � - . � � 5��.'� 3rd s +- . � TN! CITY O� DIAECTORATE o0 � O F o-0 0° MEMORANDUR/i � pue�oc woR�cs � � � FRI L Y DATE May 16, 1982 MEMO N0. 83-21 FROM D.P.W. Bill Deblon - Planninq TO ACTION INFO• SUBJECT Wasim Qureshi ' ) John Flora - Proposal at 5915 3rd Street N.E. Jerrold Boardman (E-Z Go Golf Cart) As you know, we have received numerous inquiries on the allowed use of the above property. The property is presently zoned. S-1 , SpPcial District (commonly referred to as the Hyde Park Neighborhood Ordinance). We have received a legal opinion that a future owner . . . "who carries on a business which is different than the present one would be in violation of the zoning code. " Principal uses in the S-1 District are one family dwellings. The most recent inquiry about the property involves the following: 1 . Development of twin homes on the two lots to the north (area where green fence is) . 2. Operate wholesale carpet for homes. 3. Lots to the south would probably be sold for a sinqle family home. The question that is being posed is, what was the intent of the S-1 zone when it was first set up. The existing uses were allowed to remain as conforming uses provided that they did not expand the use. 1 . Was it the intQnt at that time to allow the business to remain until such time when that business was no longer using the buildinq? In that case was it intended that different business could not occupy the building and therefore only the same business or a single family dwellin� was the only use that was allowed? 2. Was it the intent that a similar use (which was any use allowed under the C-2 zone under which the original buildinq was built) could replace an existing use as long as they did not expand the facility. There seems to be some confusion on this subject since the memo from Mr. Herrick' s Office defines the use as the specific business that was occupying the building at the time of the S-1 zone was effected. _Please review this matter and let me know the direction you want to go so that I can contact the proposer and start the necessary process. WSD/de �, a MEMORANDUM T0: Virgil C. Nerrick FROM: Jim Schmeckpeper DATE: April 19 , 1982 RE: Change of Use Upon Sale of Property in Hyde Park Addition A question has been presented as to whether the owner of property located in the Hyde Park Addition can sell his property to another who intends to put it to a different use. The area has been zoned for single-fami�y dwellings under Frid- ley Code Section 205 .2104 . This section includes as permitted uses those existing at the time the provision was enacted , which includes the use which the present owner of this property is carrying on. Therefore, the present use of the property is a permitted use under Code Section 205 .2104 ( 3 ) . First of all , it is clear that the city cannot prevent the conveyance of property through zoning legislation because zoning is concerned only with the use of property , not the ownership. V.F. Zahodiakin En ineerin Cor . v. Zonin Board - of Adjustment , I�J , A 1 ; Olevson v. Zonin Boar o Review, 71 RI 303 , 44 A2d 720 ( 1945 . The City can contro t e use which the subsequent owner puts the property to, however. In this case, the purchaser who carries on a busi- ness which is different than the present one would be in vio- lation of the zoning code. The property would not be used for single-family dwellings or their accessory buildings and the existing use would've ceased upon the change of businesses . Therefore, the subsequent use would not be a permitted use within 205 . 21D4. In addition, the property would not qualify as a non-conforming use because the subsequent use did not exist at the time the zoning restriction took effect and because the present use is a permitted use, not a non-conf orming one . The use which the purchaser intends to put the prop- erty to would not be authorized by the Code nor would it qualify as a non-conforming use. A permit to convert a use into another use contrary to the zoning ordinance is properly denied or revoked . Shaiman v. Ma or, Board of Commissioners and Board of Ad 'ustment o Ne�ar , 1�J Misc . , A ; Ka tenbach v. Boar o Stan ar s and Appeals , 274 NY 34 , 8 N .E. 2��T. The City may prohi it t e change of use, unless the change is to one which is authorized by the code , subsequent to the sale of the property in the Nyde Park Addition. � �.�� —,�.v,.,. d��l�« �—.— -- , C011/IM I ' le� _ . G�,� � UN TX DEUELOP ENT � DEPARTIVI,ENT c��nr oF . F�� MEM�RANDUM I�ENI� ZD: Virgil Herrick, City Attorney " NEM� FROM: Jock Robertson, Comm�ity Development Director r'ENI� II�1TE: J uly 20, 1987 R�ARDII� : Proposed Re-Use of th "Enerc� Shed" �L�� cl 7� ��,�n �T- , I have reoeived an ir�quiry fran Jerry Messler of Taale Realty conoerning the allaaed re-use of the subj ect property whic� is located in the Hyde Park S-1, Special District zone. A reviaa af past actions in this zone indicates that non-residential uses have been approved b� the City Council through the special use permit prooess. Haa�ver, this building has been vacant for over one year, bringing up the question of non-conforming status. Zhe statement af purpose in the S-1 zone is clearly to re-establish and promote the residential character of the nei�borhood and enoourage residential investment and developnent. The only uses permitted are one family c3�ellings. Whi1e the S-1 section of the Code addressed aontingencies for damage to legal n�n-conforming uses, it is silent on the question of abandonment. �herefore, it would appear that the general provisions of the zoning Code which are contair�ed in section 205.04.03 conoerning norr-conforming uses and structures would apply. Part E of this section states that "whenever a laaful, rbn-conforming use of a structure or land is aL�ndoned for a period of twelve months, and future use of said structure or land shall be in oonformity with the pravisions of this dzapter." T:�e realtor, Mr. Nlessler, is currently atte�npting to sell the building for this client, the aar�er. He has three potential buyers: 1. Contract carpet sales and installation. 2. A garage specializ ing in Corvette repair. 3. A we:ding shop. Mr. r'�ssler says that the aar�er does not c�onsider sinqle family residential would be an eaonomical re-use of the property, although Mr. NSessler feels that it would be possible to oonvert it to a duplex. Currently the County carries the assessed value of the property at $11,536. The 1987 estimated market value b� the City is $25,800 for the land and 515,400 for the impravanents totaling $41,200. OWiously the question is "in a strict application of the non-conforming section of the zoning Code, would the aaryer have a reasonai�le eoonomic use of the land?". 7here is ap�rently a history of strong interest tx residents in this area for wntinuing and strengthening the residential character of this neighborhood and this app�rently mativated the Cotmcil to adopt this special zoning district. I believe it would be wise for us to advise the aar�er/seller of our policy position before his agent has found an interested �uyer. Please advise me at your earliest oorrvenienoe. Zhank you. 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(-� �e �u�k ��, � /y�� 'r3 � �. �:�-�. �� -�.�� c��,��1 . R�5 � ��,�;a� �m�s �,.�� c�.ss;�� - co��r�.��c� - / �i'78 -� �( 3�.�� , c:��j �I�,�.n�' ' 1��.��i� �'1P�ri r>�5 , �l�iC�, r)�oc'�ooC Cc�U'CIC�1 �C�G��1�s�CG� . ' ?I�u��nr� �,�v�n�,ssi�t1 ��c�a�n�P�- �pp��.� o� � 1��e I�rk ��wn� n ce�,v�es�-, �c�� -��-o�I Aa�-S�- 1S, IS7�. 5 f Ylo�-i v r-� ��r,�d v��c��-,; :.r�o.��\ (_ " C';�-� ��,�,\ a�p� �,�� e�; nc� o� � o s�;n��nce, re`�.��5 �-� �i�de �� o�-� mG� i �, i�7� , - c:,� ��,� � ��e� ��- �� s�o� ��.n�, ��d ,�b1,5�,� Mo�-;un C�rc,e� �.nc��1� ��s� � J.�re. � (i�(� . �Or�. ��$� � — Z�A# 7`�-O'-r , C �pe�.�c,.� v�e 1�.z�rn�,� 1�,5�oc-•) : (`,��;� S, �� ., � `�'�- cJ� � ��-Z� , �e,��C'�'S \v.�c��v.��. Sec��iC. 1 � 1�S 3c3 S�_ 1� � _ S`c� � ��-�� 1 ��w�5�' �,..,'CeSS��G'_� � ►J cl7 �j 3rc� S�t.. ` '" �� '� �S7 -t$ , .��,r� Gl,�nn C�p,�r ��,� ��c�ss � 5�!'�3 3� s�-- , � S� � r �- 1Z � �-,r ��I,'��5� he�.��ny, �r,a e�ec�� tG..\ �o��-�'4c�a� � � �:,, ��, c. -� , .�5�� 3r� �� - �� -05 , ��.�.«h , ��.��n�� , �-e��S; � �o�k ��e .�s73 3:d 5 � , � �i � __ ... _..._ ,, . ._., .._,�. .�.,... ,. ,: ��. - ' 1� _ _ _ _ , _.__ . . _ : i : _ __ _ �_._ _ ._ . _ �; . ,, GARY MACIEJ SP #94-09 1. The City could table action on the item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities such as Custom Mechanical. 2. The City could deny the request based on the intent of the ordinance to reestablish the residential character of the neighborhood. 3. The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the surrounding neighborhood. Community Development Department July 22, 1994 6431 University Ave N.E. Fridley, MN. 55432 Community Development Department: We Quality Cleaning Inc. presently rent office/warehouse space to run our business in Spring Lake Park, MN. Tim my partner and brother and my sister Faye who has a Graphics Company (T Type Graphics) share this space. Our arrangement is T Type Graphics occupies our office space and Quality Cleaning Inc. uses all the warehouse space. � TType Graphics is currently a 3 persan Company, doing Pre-press Electronic Publishing. This is strictly computer generated graphics. Quality Cleaning Inc. is a Contract Cleaning Service. We are currently a 15 person company. Our workers repart directly to the job site from home. We use our warehouse space strictly for 2 trailer starage, inventory and equipment. The amount of traffic generated by Quality Cleaning or T Type Graphics is minimal. TType Graphics clientele is on the job site generated. Eighty percent of there business is on the out-skirts of the Metro Area. They have a UPS pick-up on a call bases only. Delivery services are used on the average of 3 to 4 times per week. Quality Cleaning Inc. again generates very littfe traffic with employees all workers go directly to the job site. The only time employees come to the shop is when equipment and cleaning supplies are needed at the job site which then our trailers are loaded and used. We would alsq have a receptionist answering phones daily and doing computer entry work. Quality Cleaning or T Type Graphics park no company vechicles over weekends at the place of business. Nor is there any outside storage of any type needed. If anyone has any ques#ions or concerns regarding the above, please call me at Business: 434-3456 Pager: 969-4510. Sincerely, � e ,�z. ��.�j' Gary S. aciej, Owner Quality Cleaning, Inc. 7K r F � ^ 205.22.04. 205.21 S-1 SPECIAL DISTRICTS S-1 SPECIAL DISTRICTS • 1. INTENT INTENT A special district is a zoning district that is designated on the zoning map, created through specific regulation changes necessary to protect the health and general welfare of the public within the •, designated district. A� special distri.ct, when designated.,. shall be " .. . • classified by numerical order as it is established. 2. PROCEDURE FOR ESTABLISHMENT OF A SPECIAL DISTRICT PROCEDURE FOR The procedure for the establishment of a special district shall follow ESTABLISii- the amendment procedure as laid out in Section 205.05.3 of this MENT Chapter, and shall clearly lay out the purpose for the amendment and the district boundaries. 205.22 S-1 HYDE PARK NEIGHBORHOOD .DISTRICT REGULATIONS S-1 HYDE . PARK • l. TITLE DISTRICT _ �. . ` _ .._ REGULATI.ON$ ,. _ , This Section. shall tie r�eferred to. as the :"Hyde Park i�eighborhood . - District" in short form. 2. PURPOSE . . PURPOSE The purpose of this special zoning district is to: ( A. Change the present "legal, nonconforming use" status of the residential dwellings in the neighborhood to a "conforming use" status. B. Re-establish the residential character of the neighborhood. C. Protect the property rights of all present landowners as much as possible, while promoting the residential development of the neighborhood. D. Establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. 3. DISTRICT BOUNDARIES DISTRICT BOUNDARIES The Hyde Park Neighborhood shall be comprised of Lots 16-30, Block S; all of Blocks 6, 7, 8, 9, 10 and 11; Lots 16-30, Block 12; Lots 16-30, Biock 21; all of Blocks 22, 23, 24, 25, 26 and 27; Lots 6-10, Block 28, all of Hyde Park Addition; Lots 1-13, Block 2; Lots 3-4, Block 8, and all of Block 1, City View Addition in the City of • Fridley. 4. USES PERMITTED USES PERMITTED A. Principal Uses. The following are principal uses in the S-1 District: One-family dwellings. 9/92 205.51-1 205.22..04.� ,� � B. Accessory Uses. (2) Only one (1) accessory building in excess of 240 squaze � feet is allowed per site. One (1) additional accessory � building is allowed provided it does not exceed 240 square feet. (2) Any accessory building in excess of the above . . Xequirements (square footage or number of buildings) req�ires� • a Special Use Permit. � (3) All accessory buildings must be permanently attached to a foundation and may not be used for home occupations. (4) All garages whether attached to, tucked under or detached from the main dwelling are considered to be an accessory building. (S) The following are accessory uses in the� S-1 District: (a) Private garages or o.ther accessory buildings. : . . . . . .. ,.. . . . . . _ . . (b)�. Pr,ivately .owrzed reczeatiorial facilities., .such ..as • swimming pools, tennis courts, which are for the ' erijoyment . and convenience of the residents of . the . . . . principal use and their guests. (c) Home occupations including rental of rooms for occupancy to not more than two (2) persons per �iwel.l_ing � unit. � C. Existing Uses. (1) All existing uses will be classified as permitted uses within the zoning district on the present property which they occupy. (2) For existing uses other than one (1) family dwellings, in the event that the main structure is either damaged or destroyed, the existing use will be allowed to rebuild but shall not exceed the size or setbacks of the existing structures. Alterations may be made when they improve the structure, provided they will not increase the number of dwelling units, the bulk of the building, or enlarge the use. (3) Existing one (1) family dwellings that do not conform to the conditions of this Chapter will be allowed to continue as a permitted use. In the event that the main structure is either damaged or destroyed, tiZe existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the district. Alterations and additions will be allowed when they improve the structure, provided they meet the required setbacks as stated in this Chapter. 9/92 205.51-2 � � � 205.22.05. D. Uses Excluded. The following are excluded uses in the S-1 District: (1) Radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (2) Any use not specifically permitted in the preceding ' paragraphs of �this Section.` � 5. LOT REQUIRE2fENTS AND SETBACKS LOT REQUIREMENTS A. Lot Area. AND SETBACKS A lot area of not less than 7,500 square feet is required. B. Lot Width. (1) The widtH of a lot shall not be less than sixty (60) feet at the required setback. Co'rner lots shall not be less than sixty-five. (65) feet at the required setback. . . . • (2} Where a parcel of land is Tess than sixty (60) feet in . width, but not less ..than fifty (SO) feet in width the side yard requirements cati be reduced to a five (S) foot minimum on each side subject to the following conditions: (a) The distance betw2en any attached garage or other � accessory buildings is at least ten (10) feet. (b) The distance between any building and the living area in an adjacent building is at least fifteen (15) feet. (c) The distance between the living areas in any two (2) adjacent buildings is at least twenty (20) feet. C. Lot Coverage: Not more than twenty-five percent (25�) of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks: (1) Front Yard: A front yard with a depth of not less than thirty-five (35) feet is required. (2) Side Yard: Two (2) side yards are required, each with a width of not less than ten (10) feet, except as follows: i (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, 9/92 205.51-3 205.22.07.� i ' so that there is access to the rear yard for a detached _ g•arage and off=s�reet parking �rea. . (b) Where a house is built with an attached garage, the 1 side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of the garage or accessory building on t�at side is not more than fifteen (15) feet. . . .. (3) Corner Lots: (a) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half {17.5) feet. When the lot to the rear has frontage along a side street, no accessory building on the corner lot within twenty-five (25) feet of the common property line shall be closer to said side street than thirty (30) _feet; provided _however, that this regulation shall not be . � interpreted as to reduce the buildable width of a corner lot to iess than twenty-five (25) feet. � . .:. . : . - (b} Any �_ttaehed or una�tached accessory bu`ilding wtiicli ` ` � opens `ori the side street, shall be at least twenty-five � (25) feet from the property line on a side street. (4) Rear Yard: A rear yard with a depth of not less than twenty-five percent (25�) of the lot depth is required, with not less than � twenty-five (25) feet permitted or more than forty (40) feet required from the main building. 6. BUILDING REQUIREMENTS BUILDING REQUIREMENTS A. Height. No building shall hereafter • be erected, constructed, reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thirty (30) feet. B. Minimurn Floor Area. A one-family dwelling unit shall have a minimum first floor area of 768 square feet of living space. 7. PERFORMANCE STANDARDS: PERFORMANCE STANDARDS A. Parking Requirements. (1) At least one (1) off-street parking stall shall be provided for each dwelling unit. (2) No parking stall shall be located in any portion of the front yard, except on a driveway or hardsurfaced parking space, approved by the City, and set back a minimum of three (3) feet from the side property line, except as agreed to in writing by adjacent property owners and filed with the City. 9/92 205.S1-4 , ~ * 205.22.07. ,� (3) A garage shall satisfy the off-street parking stall requirement. (4) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any open exterior storage of materials except for B above. C. Refuse. All waste materials., refuse or garbage shall � be contained in closed cox�tainers as requir.ed. under. the .Chapt.er enti:tled "Waste Disposal" of the Fridley City Code. D. Drainage And Grade Requirements. A finished ground grade shall be established such that natural � drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum finished ground grade for any structures in order to allow proper drainage and connection to City utilities. E. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards including the boulevard. (2) All other open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. (3) All uses shali provide water facilities to yard areas for maintenance of landscaping. (4) It shall be the owner's responsibility to see that all , required landscaping is maintained in an attractive, well kept condition. 9/92 205.51-5 205.22.{07. ^ ' � (S) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. F. Maintenance. � It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls. shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25�) of the area of any plane or wall o n which the protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) More than twenty-five percent (25$) of the pointin�; ( of any brick or stone wall is loose or has fallen out. ` (3) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive, well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. G. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 1 9/92 205.S1-6 � ! �� Community Development Department C� PLANNING DIVISION City of Fridley DATE: August 17, 1994 TO: Virgil Herrick, City Attorney FROM: �� Scott J. Hickok, Planning Coordinator SUBJECT: Legal Opinion of Jim Schmeckpepper dated April 19, 1982 Please find attached a legal opinion from your office regarding the change of use upon sale of property in Hyde Park Addition. Please verify the accuracy of this memo, as it pertains to the reuse of a commercial structure, once the original occupant has discontinued use of that structure. SJH:ch Attach. M-94-470 � y � S � ,�� ` ___„ 'i )-2;'\� , i �;,^�--y=��^ . ; ,� . '�(jb(� ��a�C�� 9i.� 3,�d s� rw� ciTv o� -_ OIAECTOqATE o°°o 0 F o-6 0° MEMORAN�UM PUBLOC WORKS � FRI L Y � DATE May 16, 1982 MEMO N0. 83-21 FROM D.P.W. Bill Deblon - Planninq TO ACTION INFO SUB.IECT Nasim Qureshi ) John F1 ora ' Proposal at 5915 3rd Street N.E. (E-Z Go Golf Cart) �errold Boardman As you know, we have received numerous inquiries on the allowed use of the above property. The property is presently zoned. S-1 , Special District (commonly referred to as the Hyde Park Neighborhood Ordinance). We have received a legal opinion that a future owner . . ."who carries on a business which is different than the present one would be in violation of the zoning code. " Principal uses in the S-1 District are one family dwellings. � The most recent inquiry about the property involves the following: l . Development of twin homes on the two lots to the north (area where green fence is). 2. Operate wholesale carpet for homes. � 3. Lots to the south would probably be sold for a single family home. The question that is being posed �s, what was the intent of the S-1 zone when it was first set up. The existing uses were allowed to remain as conforming uses provided that they did not expand the use. 1 . Was it the intQnt at that time to allow the business to remain until such time when that business was no longer using the buildinq? In that case was it intended that different business could not occupy the building and therefore only the same business or a single family dwellin� was the only use that was allowed? 2. Was it the intent that a similar use (which was any use allowed under the C-2 zone under which the original buildinq was built) could replace an existing use as long as they did not expand the facility. There seems to be some confusion on this subject since the memo from Mr. Herrick's Office defines the use as the specific business that was occupying the building at the time of the S-1 zone was effected. _Please review this matter and let me know the direction you want to go so that I can contact the proposer and start the necessary process. WSD/de MEMORANDUM T0: Virgil C. Nerrick FROM: _ Jim Schmeckpeper DATE: April 19 , 1982 RE : � Change of Use Upon Sale of Property in Hyde Park Addition A question has been presented as to whether the owner of property located in the Hyde Park Addition can sell his property to another who intends to put it to a different use. The area has been zoned for single-fami.�y dwellings under Frid- ley Code Section 205 .2104. This section includes as permitted uses those existing at the time the provision was enacted , which includes the use which the present owner of this property is carrying on. Therefore, the present use of the property is a permitted use under Code Section 205 . 2104 ( 3 ) . First of all , it is clear that the city cannot preven the conveyance of property through zoning legislation because zoning is concerned only with the use of property, not the ownership. V.F. Zahodiakin En ineerin Cor . v. Zonin Board - of Ad 'ustment , NJ , A 1 ; Olevson v. Zonin Boar o Review, 71 RI 303 , 44 A2d 720 t1945 . The City can contro t e use which the subsequent owner puts the property to, however. In this case, the purchaser k�ho carries on a busi- ness which is different than the present one would be in vio- lation of the zoning code. The property would not be used for single-family dwellings or their accessory buildings and the existing use would've ceased upon the change of businesses . Therefore, the subsequent use would not be a permitted use within 205 .2104. In addition, the property would not qualify as a non-conforming use because the subsequent use did not exist at the time the zoning restriction took effect and becaus� the present use is a permitted use , not a non-conforming one. The use which the purchaser intends to put the prop- erty to would not be authorized by the Code nor would it qualif� as a non-conforming use. A permit to convert a use into another use contrary to the zoning ordinance is properly denied or revoked . Shaiman v. Mayor, Board of Commissioners and Board of Ad 'ustment o Nekar , 1 hJ Misc . .�7,I�1 A T33;Kaltenbach v. Boar o Stan ar s and Appeals , 274 NY 34 , 8 N .E.2 . The City may prohi it t e change of use, unless the change is to one which is authorized by the code, subsequent to the sale of the property in the Hyde Park Addition. ! � Fj:-i', __ "�;� ��'�:'•-.;� LHF'�dH t_I_I�'`r' _. =;TEF�Efa�=ER F. 1 r�_�P�R.i A�GU�Y PAMECA:vt.I-IAkR[S t�:�.:�;:jR��.`"-"fE:FF&N GHARLES ivS.SEYf:O�tA T 14:=rL�°1�A.h4�FtF<:ILL �WI'LL,1AM:vt.4�1A2.�S�2.r �.'�FR��'A.JE?tSE:ti DA2�tlELD.GAN'F'ER�IR- )er=£E t>J�i^lrr�t'�� BEVEEZLY[i.DODGE t��,;EI.LE- 'i� switiEi: �C�.��.'� ��.Zi� 4.3� �t�'��n� Lt�. rr•EGGYHERRICK ,�.�r E�i��4*�* � J.A:vIE�D.H�EFT I.ri'�'�f;£NG�R-,:,•Ti'<S•�N 1��AN!vi.�,Ur1DE JJLL'SS_`�..�:J35t :�T?"t7�"JEYS AT L.�1Y7 SCC�T"f�1.LEp4�; 'r_y:=,�,:i.=•_�:p_,.;<r'�1:�T*]= ,� t �';'EVEhI L.h1ACE:EY ;�:-.�u,Fr ��,�,�;:�F_ =��v'�oz�thtown Financial Plazu i�Avfi7u.WEIc,EL 'd�t�iL;�-HE�;n.,:-=�- '� l FLIZ�IB��TH A.SCI-{P.DCNCs �Ot,Ca�n Rapids Bc��lcvard =i�S.�v;�`-;L_'r�LLE "J�'!LL1P.R!!:FI'LTEF�1Eft Vlinneap�1is,?vI�1 57433 R!>�'EitT�',HYNES (r`_,IZj i 8t�-850ti FAX(61�)780-1 i?1 1�3�.i�"s �� fiFt�NSM:CTTAL Gt3VER PAGE D�.TE: Augt�s� 22 , 199� T�: Scott Hickak G��'I��:N�j�,��:I��: Ci�y af Frzdi+�� C}MPANY�� '�.X �dt}. ; ��1-1287 �USJEi�'; Ghanr� irz Use-S�.r District � FRO�: �Tir�i� G. H�rrick. N?E��-: -'�cl�:a�� i� a cdpy �f Mc�uil.Ian' S Scetion on char:c�inc3 .�r�-cc�nf��m�� useG, �'ak� �. l�t�k �t �.�' �.nd t��ve r�e a r.all. �'��"�`A�. P�t�� '�,-�`fi,�7�iI�iG 'TH�S SH�E'I': _.__Z— F:��a�e n��c;fy �v-�� t (612} 783-515� a.f ali p�g�s are not � received. T�e in�"r��-�n��ic�n c��it�?�� in th�s fa�s,im.�le me�s�.ge is attar�,ey px��.v�.?�q�� d .�anf�d�=Y:�''i�l inf_�r��.tic�� i7ter��e� c�:�ly for tne use �f ��:� e�-3�;.}i��.��' c�r 3=-�4_;i,�y nar��:.� ak��ve. zf :.�±� z-�ade� �f r_his m��c�� i= ��-�� #�he ; _ -={e� rec'-p LFr. - �r the ��loy�� :�- �gent. r�s�� ' _- �-� ti3�li=J v� :e �h� �n: =�:c� �e�ipi�nt, y�i� ��e ��r��ry n =��i� t�2�� :�ty c�issem�n��_r:, di5�;�°:buti�n or c:��ying �f t�� 5�_��4y�t,��; i� st��ic�t�.� �r�r�ibit�d. Yf yc�u h�.ve �e��.¢�_�� k�� _.; =��u�i��.ti��: .�.r� �r�or, pl�:��e imm�diately nr�ti�y �� ks_; * - ' ��c�r--- �nd �e�'i�> � ,-�e ari�ir��l mes��e tt� us at the a��.� :w;� _��s ::� �he £z.�� : ��sL�? S�:rv��_��, '�� u�i�i be happY to x'e er��u�� ;•c�ta 1_ , , tt�� s�sTc�ge. . �: c�ri<�ina�. wi.��. P�r:� fc�l�c�w ..__ Original will rc�Ilow rir�e.s�+z:..h,:x�rr�=n€cy�&;nPiin-�r . , r�1'�' ��U 1�� = - __ '��+�i �_,��:�_ir, FHRriH �,i_i�`r' :_�. �=,TEFFEr��:=ER F.� ... 4 ;�' - .. I � :zoNi�c� � z�.�oa � _ - � `removed aId n.anaonforming nnobile New Yor�r. N�vin v. ��r�y, 58 °' �p�e and xeplac�d it with new oz�a N"YS2d�46(Mzsc). , �vvoui�#�ae helr� to �ave irxiade sltera- Pexi►ueylvania. Provision of - tio:i� �n exces� of �`ifty �ercent of zoz�ng ordinance lxmiting nght tp - asaae�ed valtiie of z�oncanfo'rming rei�uild �o three yaar� r�vhere prop- - structure and to ha�e tk�erafore Ioet erty ig deetroyed by £re does not pr��tectlp��f n�nconf�rT�iing u8e doc- appl�' ta rebu�lding after explosipn, tr��e. County of Cplurnbi� v. anc� right to rebuild after ex�loaion � << ' Bylawski,9�`Vis 2d�.68, 288 NW2r1 ia nat limited ta tt�ra� yeara. TieII- i ; j,+�g. man v. MeSheir�, 369 Pa J.4, 86 A2d �. � ��Mis�t�:sippi. �zell v. P�gca- 32, gaula,2q0 So:?d 7d0 CMiea?�damage �s Connec�icat. Piceoio v. ex�:ee�ing 50 F�ercent of r�splecement Town nf We�t Haven, �20 Carin 449, c��t�t titne�f deatruction}. 1$1 A 6��. �; ' �°New �Cork. Jetter v. New York. Jett�r v. Hofhein8, � '� , 190 J��isc 99,701V'SCS2d�0$. " � - Ht�fhe;.rrs, 19UU ?��isc 89, 7� NYS2d � SC�B (c?s�ining "value" a� fiYlancial ��N�w +�ersey. Ackerman wt:rth ancl z�at. merely physical Fuei(�il Co.v. B4�,zd af Adjuetmexit `� ` � ' v�lue'7. of$orough of Paramus, 136 NJL 93, 1 - ' .+ ts�vlorF►du. Orclinr�zzcs termi- 54 A2ti 66X_ 1; - n�ting a nancan:forrzxing use after NeW Yark. Ad�rerti�ing sxgias, G' 1 _ �, � CO#18�1tUt1I1 t?rYriiB8l�7�6 2�4ACOA- a, de�trueti�n ��7c� abandonment' for � p - forming usas,car►be regaired where ''� 1€f; da_ys allowed owner a repson- �� `� ��-1� ��Izod af'tirrte within which to the demage doe� not exc.eed 75 per- 1 � reauiid the d+;stroyed proparty and cent of their value. Jette� v. � �` iv_=i3�1�eT�3�Ore re&9Gna�ll8#k�ii��'a�iC�. �4��ing, 190 Misc 99, 70 NY52d • SeI'�cCC' O2I Cq. v. R�lO�ug, 17� {i()�0 $OS. - $��, 500 P2c! 807 {no percentage �BNew Jersey. Ackermmn 1+, � = F�x`nt�i�ion}. Fuel Oil Co.v.BpFu'd of Ad,justrnent } �onnect�c�t. Piccalo v. Town afBorough of P�ramu9, 136 N�TL 99, j' +# - 54 A2d 6$1. ;� = e��lVest Haven, 124 Conn�€49,181 A ;, 6�5 irepair perznitted witt�i�a ].2 j�Ner�r Jersey. Ackerman ;� � msnths af parti�l de:�tr+�ectaon)- FEial Uil Co.v. Board af Ac�justme�t E� Mlseiaei�api. Pmlazzala v. Gulf- of Barough of Pazamua, 136 NJL 93, � ,� ,•_; ��z-t,211��iets 737,C2 90 2d 611. $��A2d 6�1. �� . � � ��.�f►�.' Ghange�f use. :I i. y,� �' ' '�'he�eneral rule ia that a nancanforming use xn existenc� :I ` � v�hen a zoiiing ordin.ance is enacted cannot be ehanged iz�to ;� �1 �" �tiix�e c�ther kind af a nonconfarming use.� At least,it c�.nxiot�e ,a � , -= ��i��ed ir..to a n�nc�i�forrniz�g use �hr�t is subs�antially� o� ; ,U � �- = ��ir�ly uzi�erent.� indeea, it has beeri held t�hat the fact that j. :,;�- _ _;s. _- �; 97 . - �� _ _.T _ _ - � � � �- � { . �z:: _ 61< <�0 1�� F�Li�; -_ "�4 t=��:�_t�` BHF.'I`IH i_I I�''r' s. '=TEFFEPIi,EF' P.3 t, , ' . � �: > � � . +. I , i � `, ZC ; ' .;'� ��ss.�o2 ��r��coR�o�,�.�czar�s . �� '"' c � ,: t t° . ar�. �%' . I�. the� use of the prerr�ises is na more objec�ionabl� than the �' fo i „ � �,' pre�v�ous nox�ca�farnz��g use Csn�'1ot 8�v�il �he owrler� even •,. �= ° thc�ugh the cur�en��u�e is faund t�be more in accorc�with the �o i� zonin�puzpose indicated for the conamunity�' iz� , ��4 � �owever, no� ev�ry change in the methad of a n,or�con- si � �:' `' fc i � `� ` formi�g use or iz� equip�ant, okijec�s ar processes in ,� ' f f;' eoixnection wit�i the use c�nstitutes an unauttaorized change af ir ' `; � t�iE? use.� Arad r�vhile it is impossible t� farmulate a hard snd �: ti fi ` . ;_;, • '; fa�rt rule to distingui�h pexmissible al�erations frarn. unaut'ho- tl � �' � x-ized chang�s,� it has been said th�.t a change which is de t; e. ' ` rn�nirxais is nat detirirnental to the philo�aphy of cantainmen,t p� �� a j }� � ' nancon.fo�rning uses.'�ndeed,ordiz�ar�ces may�pecifically per- a � !.` j mit changes of nancor�farrnin�uses,wu'ithin lirnita�ions.B'�`hus, , n i �- ` ' sa:�ne ordinances permit a change from one r�anconfor�x�.i,z�g u�e - i� � '� y ' to �nother if n�a �tructur�l al�erations are made;° �nc� in tk�e r ' � � �. � a�plicati�n�f such ar�ordin�nce�t is of no consequence that a �' � �: k ''.� � �� , �e�w corxtemplated noncc�r�fornaing use ie leas objec�ionable f �".� �•`, than�h�existing use.��S4me�rdinances permit the chang�a�' ; 1 � � . ar.� ea�sting �oncanfoi•ming use if the n�w rxonconforrn.in.� use F , ' � � , i� of the same or �ess re4tricti�ve c��s.'i A decrease as distin- ' � � '�i ` giiished �o�t� an snlargetnent af a nanconforming use rnay be �- i ` ; , . E �, a ,; j , : favored �nd pexmit�ed.'z ,A rnanu�acturing use re1ative to one r;. � ' p��crd�c� rr�ay be changed ta the s�rne use as to ano�her pxod- ° ] � _ ' uc:t,�a a�t�iough a lawful manufacturi�g use cannot be changed � to a t�se that is farbYdc�en e�verywlzere withir� the zx�unicipal� ' # � ' it, id Similaxl , a �torage use as to one ccsmmodity m�y be i: i � y. Y ! � �, j ' cx,►anged to auch us� as ta anather coraamodity.,s $'� �Y T ' A change from, ane use ta another orcliz�arily will be ,.� � '; allovvad, i£at all, only upon a permit �'xorri a zoning boaxd ar . i � aih�'r a��thari�y,'g�cting under rea�anable staz�darc�s."'�'k�is is �. ��Y t��xe ev�n though t�e ek�ange is to a use in the saine ar a l�igher ' � cl�saification.1B �'urthe�rr�are, where the ZOI2iX�g r8gt��&ti�n� , : � j e.tpressly allow, vVitYlin cErE$iTl Iiz��i��t10riS, an existing nori- r, ' `�� ` c��nforming use to be chang�a to another nonconfonmin� use, � �: ( ,,� ; c�aange� +�vhich da not con:�e �vithin the prescz�il�ed Iimitations S � �: t � Kill not be pe�mzt�ed.ig When � chaz�ge in the nanconfox-ming ;�� ' u�e is cantem�lated, tk�e authori.ties may take advantage o�` . ' , ' t��zat faet to carnpel a le�ser�7ng or camplete s�ppression of the �� ; �� y,, i �, - +� gg " � �a - . j �� N' � i. � �S � � I' �� i }•��' F. ,{�'; �V' � �"'.: .. 61� �•�C7 1777 ' F��_;_ __ -. -�:Gt�� BH�7 IH i.=1_I��' .�. '=�TE��Ef�i�ER _.,..._. .. P.4 � - y: . � ' f ,. _ ,, � i ; RATTQN� '; F ��NING �26.202 ;�; - 1� F ` nanc��nformity.�Q A pravision permittzng a change of a noncan- �' han �he ,; er, even f�z•z�x:ing u.se has bee�held,iz�applicabre ta iz�:improvec�r�z�d.2" ;; �i�� Ni�h 'reepecG ta what canstYtates �. change af a noncon- ;� f��rn.:fng use,��bath intentian and an ovez-t act ar fail�ire tp ac� r�anc�n- � - ind�eatin� ren�nciation af any interest in the farzner use a�e f� signi�icant.�� A1,sa, in de�e�rninii�g whether o� riot a noncon- '� :sses zn I; �1�� -��, `'; forzi�:ing use has be�n chaza�ed, �he nature of the� subjact =ard ai�d xnatt�ar rnust be given due consideration24 as vvell �s the ques- � tion��vhet�,er there 7s a difference an the quality or chara�ter of �.n.autfzo- - - the use��ant�wheEher th�cu�rent�se is different in kind,z�its � > �r�ent of effect;upon the��rrounding area.�s But the lapse of time is not �j an e.�sential �Iement of a Change of a noncoz�forming use,� �� _�lly per- althou�h it m.ay be evidence�f inten,tion to ch�nge tk�e use and `.S T�'��, may be consxdered in connectxon with acts zrz�nifesting that �rr�g��e intention.�$ I�reiGher xs an increase in the nurnber pf Goncerns ' . � in the ava�ling thexnselveg oF the �zoncanforming uae a test of ; � t�� whet;h.er ther�has be�n a a��,ange of such us�.�A Other factoxs ta ;; .��n�� be considered are wYaether or nat px�erzxises are ad�pt�ed only ' '�n�� fox a particular use,30 e.g., �he stabling of horses; thi�, for `i �ng u�e ; ex�rnple, z�.ay outrveigh the �actor that the p�exni�es have not distin- been employed for the use fvz� man:y ��ars.31 A chan�e ii� the ��J'�� fcxxm �fownership o�'improved propez•ty does not vf itself et�ect ;' � tc, one m ch��nge of use,a2 aa £or exarnple, the conversion o�' rental r prod; pr��E:rty to coi7don�iniu� ownership.33 �� - �,cor�formzng u�e�annot i�e changed ii�to a noz�eonforrning � 1��1�� 3 use e-vez� Ehou�h it is deezned a ciesirable ehange by a munici- �'� r�a3T be �a�lt��.3d Fi1rt�12TmOT@, a contr�xct betwE�n the govexning bad� �'- af a rxzunicipa�ity and a prapez•ty owner Ga perm.it the pragezty t�'1'k�e _ �w�ze:r�o change � n�e z� a nonconfonning use is inva�ir�.9� '; �ai�c� �T -- F'articular and �l�u�trati�ve authorized or unautha�zed �� 'hxs i� chan�;es of r�onconformirig uses are noted in fallowing }�ig�xe`r _ seGtle•ns.36 ;�f ��i��$ __ Right to aperate impraperly ,`;� ? �,�Ii' i��annect_icut. Hyatt v. Zun- Paved parking lot as a raor,confornn- °'I � t%s�, ing Baard vf Appeals of Tu�vn af in� ��e wAs Ia�t hy owner's :� �tiCii� Nvrwalic, 163 Conn 379, 311 A2d 77 operating the Iot�.a r�pubIic garage s� �� (change in character ofbu�i�esy). without a liceng� and hze Ieasing �; �� ,�f _ Iilinois. Weck�ter v. $oard af niore space� to the public t1�an par- `; }, ��h� Appeaaa,3'II12c�13, 119 N�2cI 747. mil:ted hy the zonin� ordinanae. ;, �; '! 99 �� , i: fi -, . �i _ � ,;, � , - 4. .�.r F :. .._� :IYtrv��l"�'1} y��./,�'R .� �-s . ��'+ r }�_�."�.��`t*'.�e.�'�:�� - - _ i,s� �;r?:1.:.:"�:� . . �12 780 1777 _ , R�li= -_ ��} G��:�1�� E�HF:f li� GU�'`i' _. _�TEFFEN(�EF: P.� , j i � ' ` �26.203 TI(3�T� �k 7r(�NINC� F: c�ut ��ie ' ` ; NeR� Jersey. Arkarn 1V�aahine far»onconfoz�naing u�e,the manufac- .�}. _ ".�` & .,'�ool Go. v, Townehip of tura and paeking of aendy,�nd thus � �? ��` Lyndhuist, 73 NJ Super 528, 180 b� �;d of objectionable conforming ��' v. -'� A2c�348. uee, the action af gavernin� body ltima�e, �; sa pg��lva�3a.Haznmand v. waa rnotivaEed by wh�m az�.d capri�ce ,,; . w: - .<, �aning�Iearing Board of�orough of rather than by r�eson and �pixit of �� uc�c� - S�roud�herg, i29 Pa Cbznmw 144, the zaning si�atuts. I�ynch v. �ille- ��`� �� 5�A2d 1324 f�,989?(test ig reAeona- dala Sarough, 186 N�'L 129, 54 A2d ,' b'.enese��f confot'z'ning txse}. 723. He�r�i; �1I)#.�Erlct aP Cayum�bia, �enneylv�nia. �lue Valiey > ' �` �`ti V4'aodv.Diatri.at n€Calumbia�38 A2d �aality Eggs,Inc.v,Zoning Heari,z�g +Iscyc�& . 67(DC 1Kun ApP�• 129 �'g 187 iv�c� ' Boar� af Wa�hing�on Tp•, �t ':� �_ 3x�irfa�sacshueatts. Cap� Coxnmw 106, �64 A2d �044 (1989) �,;:y Iteaor� Hotele, �nc. v. Alcoholic �1 JunG= ; �,icen�ii�g �oard of Falmouth, 385 �no changa fram con£orrning use in `�2� �$� Itiaea 2C�5,�31 NE2d 213. nanconfaxzning builclin�ta new no�• �a$ :"; ', - s�7�llixxoie. McHe�nxy St�xte conforming use). ��so'rt . �a��v.City o£IvlcI�enry,1X3 TIl App gg Ne�uv Jersey.Tfte reaalution �censing 3ci&2,��613E2d 621. af the governing bo�y of a municipa�- ��s 2��, Maeasaclnirsatts. Suliivan v• it�'purgorting to grent pez�iaeiazx to Board of Appeals af �arwich, �.5 change the uge af premisee on can�i- xang?ng _ '�iaes Ap�p 286.4�6 N��d�74. tian th�t the owner by cantract bind ' ��'�°�� Ne�v Jersey.Where munici- hizneelf not to req�est renewal of a rrl� cara p su eats that ' reeariatin uae, ,,..:,, ality �� P � nonconfarming PeTmit on it�expira- � ��$ denomi.n�ted a"chicken f�s'm," is i�s tian is void. I�ynch v. Hilladal� Faez�t�y� +:; ;± �B.Ct 8TL4WAt}10 IAAt�BY Oxi�tli&.T1C6 �n Boroagh, 136 N�L 129, 54.A.2d 72$; ,.:� . Ing us�• ` particu,lai�reaidentiai zone,az�d that `urining ��' <, it is "good aense" anrl "Aound judg- affc1237 NJI.280,69 A2d 622. � 19�5`t; � ment" to ig�ue a te�por�ry pernait 36Sae��5.211,25.212. Resor� �� §2�,�',f►�. �-�-To use of sam.e or h�.gher classiflcatxan. : �a'szas�rig z." Rs�,�o�, , Cxe;�aral�y, ai�uu�x�er c�f prope�y hae a right to daecan�iz�ue � :�ar�canfa��ning u.s� of a building and chan�e its �s� tu a ran �s�. - high��r grade df n,oncon#'ormin� use.' In fact, zoraing stat�tes �Iti�ioT�; and ��'rclinances samet�zxres pz'ovide that a nonconi:urming u�e }- �ia�'l�e ch�nged to a use of tkie same ar a highEr classi�'ic�tiai�.� 'a� '�: Alao, �ani�ig rneast�res rnay noE irerY�.;r� a cert�fcate af `��k�'�o��s ; '` appr,�val ar a p�rmit ,�rth resp�ct ta the c1�ange of a noncoz�- �. Cz�y ��; _ f�rm:ir►g u�e ta ore of a simil�r ar a�xigher cla�srficatian�But� �f �zd 13ss c�x�nge fro�n �ne narzco�f+��nin� use to anoth.er of tk�� eame �� c].assifi.ca�ioi� i� izztended �nly ta authorize a changed us� � 105 ,i .� � �' � �� y I ff„, i � _ .. _ _,_.�.�� 1._�. " 612 ��0 17�7 � �� "�+4 t�y:�_�� HF:NA i�U�`r' :' '=�TEFFEP�t�EF' P.6. 'F�Ut� �� i� i � 4 " {�r {�/yp MUNICIPAL CpRPO�tATZONS `, F e��,� � y'1" . g�r[f•fiVa7 � f'l., 4�� ' �, . o: ,�: ' ; '' w�r�ich can be caxxied on with eula$tantially the same facilities p "'� ut�ilized for the exi�ting u�e,4 a changed it�e in � new bui��in� a �;� � nat b�in� pe�nit�ed.a It has been declared, mareover, that a t j . fi��ding af unnece�sary hardship and no hurt to the t�is�rict or £ F ta pr�perty values by a chaz�ge of nonconforxning use wnuld n.ot es�tablish validity of the use if the l�x�zi� of reasanable relation � � to the pr�or nonconfarr�ing use in its residen,tial environs �.� t shcru.�d be transcen�ded.� ' ' .� � , A nonco�aforming use rna� not be dee�ed changet� if the d,: , i { :: zz�,v� use falls within tk�e sa�xae diviaiori of the ug� ala��i�ica- , i; � tic�z�.7 To illustrate, a rnotion pic�ure show, a thea�er or a boat i{ �` la�>ery, if the latter is n�t noatio�s or offensi�'e, may a�l be '"� • � �' � . w:itY�in the same t�se cl�ss, and a transfer£rom one to �notki�r .� .' �z' i „ ',-1. � vv:ithin the aubdivision does nat constitute a�rahibit�ed ch�ng� . �� 1 of'a n4neonfornlir�g use.� "� �� ` A zoni�g ardiz��nce xnay' not grant tv a baaard of appeal � : vSritk�aut sta�dards the power to deternaine that a new �r � ga•eatly extenc�ed use �ha11 be ��rmitted, for �hat, �n effect, t�'.�'. � . would be an unlimite�l del�gation o�'the zoning power.9 � eppearance af lut,if mad�with spec- ` �� Ma�yland. Hi�gins v_ Balti- ifted gafegugrtl�. Taft �v. Zoning ' i � Board of Revievv o�'�Var�wick, Z6 ftI t' ' moxa, 206 �i� 89, ].10 A2d 503 4�3.71 A2d 886. � ` (starage of aut�mobites clzanged to �� ` F �torage of other rnaterials). �Ar�Cansua- �uildin� used for �� NYiehigan. Ftedfaxd Movtng & bakerY and �'acery �efore zon�ng, ,� h ; ', � � `, �torage Co.v,DeCrait,336 Mich 702, vacant when zoning a.dopted, there- ';, � r�f�er use� for dis en�ary an�a�fice ��, 5�3NW2d$12;Palr�rerv.Detroit,306 p } ' Ivtich 449, 11 N�'2d 199. for nearby hoapital, aould be sub�e- . r � . Narth T3akota, Minat v. guent�y u�ed fox nancon�'orming � •` Fieher,212 N'W2d 837(N'D)(max-ttt- bekeTY• LaEtle Rock v.Williams, Z06 �; � ary to oi�'i,ca buildisag or clinic?. Axk 8�1,177 SW2d 924. ' Rhode�sland.V�r'sance to can- Cannect�out.MagnanR v.Zon- `, �; I88 Conn 225 vert &arxse g�rage or storago shed ing Baaxd af AppeRls, � I s .�. ` iYit{>a�welliTl��ons@ el�Et resi�@t�tiFii 4�#9 A2d 1�8;Abbedees�v.$o�'d af � � � ;: zane w�e�e it had exi9ted far many Zoning Appeaia of New Haven, 134 � � = yeaxs as a nvnconforcning use wae Conn 28, 5� A2d 675 (lot for eon- ' ; . ; w�rrax�ted altllough frontflge and tracting business changed to � a�her rec�uiremenl't� of residenaes in p�rking lot). `� ' . �rea could nat be met,where denial bwnera of a nonco�forming use ; vvould result in unnec0ssary laard- of their propez�ty a9 a foundry waze � ' ��hip and chBrtgA woulr3 imgrove 6ntitl8(I t0 Fl vanArl08�Or a C$��ig8�O � � ' , ��' ,' 1.a6 � i �� ; � I} � ! , � 1 R �� i �� 612 7�0 1777 � Fal_It� �_ '��q t=1'�+: 1� E�i=aF:h�IH ��U�'Y « STEFFEN�E�: F.? _.y h.. . � :,':i�.. y ' � '.0.� + � ,. - L�: t i j� � � "�' c �:.� ;Hy,'�OP � � ��.�0� MU1vICYFAL C�R�'4RATIt?N5 � �' �' . 1 ��x� I �', �:,�k�Q� '+�._. ` t' Auto Parts,22 pa Camm�w 171, 34$ $Pez��Ylvsu►I8. �Ianna v. �, .;iug s�. : A2d �38. Board of Acuuatament af k'ore�t Hiil�a� 'F . cha� t �` ��,� ; .3 Connecticut. Abbade�sa v. 409�'a 306,183 A2d 538, �,,m3;�� Boar�d of �oning AppeQia of New 7 Kentuc�Zy. Prewi�E v. 3ohn- � n�ees i� �av��n,184 Conn 28,54 A2d 67b. eon�710 SW2d 236(Ky App)(change r��e' �7t�stric� aX Colum�bia. Gearge fxom service�tation to anta deal�r). y_<�NX' ' VVasriing�on University v.District af ". ' age { Colu.mbia Board o�' zoning A�ju�t- rlew Yc�rk.Ganim•v.Viilage of � d: ,of v �.;� t �e nt,429 A2c!13A2(DC App?. New Xork Mills,75 Miac 2d 6g3,347 ,�` ;,., aM�ssouri.11Vo�nen's�hz�stian NYS2d 372(ro�ming house c�tanged , ��v. i� . A,r7s'n v£3�ansas City v. �rown, 954 to boardinghoiz�e for ho�pital �, �'� = lvlo '700, 190 SW2d 500; in re �3otz, patients requiring supervised care?; '-''�1f �� ;•'' Z36 Mo App 586, 1.58 SW�d 3�7'; � Ta�asch v. Paxker, 217 �TYS2d 853 ,, �iul � ' ' � State v. �Tolekfunp, 1.v1 SW2c3 �85 (Miac) (po�t affice changed to retail �a '� ., r, (l1'IoAgp). gtore?� , f �'„ �'`' � •, New Yoxk.Public garage oould exi �' ► . not be ch�nged into xnotior fxeight Ohio. Steudei v. Troberg� 76 «f�p Ohio App 136, 68 NE2d 241 (unc�er ; ref ,, � .. , ��,�� terr,�iz�al a1tY�ough bath aeea W�re �i��g�zoning ordinance?. � � �lassified as indust�•ial. Buffala v. ��fl ' Rosdw�ay Transit Co., 3U3 NY 468, Pennaylvania. Mutimer Ca.v. �i�te ` � � i 104 NE2d 96. Wagner,976 F's 675, 103 A2d 4�.7, ;�A; ; ` : ; ghod� t�Iand. Garreau v. a p�io. �teudel v. Tro�erg, 76 .� '. ��' �oard of Ftewiew of Ne�n+port, 7G R� qhio A,pp 136,6S NE2d 2�1. M j`� ` �.� ' �4,63 A2c1214. �� , . �Masgachusettg. Chils�n v. aMa�sackrusetts. Cl�iteon v. ,�$8 � � �.:,� ' Zor.si�g Bo�xd of A�,peal of ACt�eiaora, Zoning Board o#Appeal o�Attlebbro, � w �' ,, � , 349_l�ia�s 406, 16�N�2cl I535, 344 Maa�406,182 N�2d 535. '',�� ° .1;� � , .�:, " = 0.: i �' �; §2:5.20�. —To use of lawer classi�#cation. • �:y$1 ; �� ,'he general rule is tlr�at a lawful noncanform.ing uae can- `'ir ! �; � E �ot Iawf�zlly be changed to another nanconforming use of a ��c � � # ' � ' lozver classif�cation.' Zoz�ing measures carnmonl�' provxde in ;w eff:ect th�t a noncota#'orming use shali not be change� to a use `�lt ' i� �� d e s i g n a t e d f o r a c�i s t z-�c t havin g ]ess �e�t�ictive regulatians.� � " , �• r° 1Vc�r rnay t he resump tiQr�o f t�n o n c onfornnin g use be for a use o f ; I'H � , "� s,;. &�BSS rAStT ic�et�t�iBtnCt.3 ;a � �j : _....� Louisiana. Cit�r af Lake ;t � �` , t illixtofa.Exc?xRnge Nat. BanSc Chartes v.�'rank,350 So 2d 233{La r i � ' �PP7,citi�ng this tre+�tiae. ; �.4;. ' of Chioaga v. Chicsgo, 28�ll 2d 34�., Mi,eao+�r�. Wvrnen`$ Ck�rigtian � �� :. 192 I`1E2d 343 f,n� change to a u$p �s'n of Kansas City v. �ra'Wn, 354 i w , in��r�essing inteztsity-of-uso as tn #;� la��d and floor are��). n , ;. ; � � � J.0$ � � `� . , � � � - i,+; " g � � Community Development Department � PLANNING DIVISION City of Fridley DATE: August 17, 1994 TO: Virgil Herrick, City Attorney FROM: �- Scott J. Hickok, Planning Coordinator SUBJECT: Implications of a Decision Today on the Reuse of a Commercial Structure in the S-1 Zoning District We have recently been asked to review a special use permit request related to the reuse of the Custom Mechanical building at 5973 3rd Street. Staff believes that the outcome of this special use permit will be a standard by which decisions will be made in future Hyde Park requests. If we deny reuse of this building, due to the language of the S-1 district, we are, in essence, telling Frank' s Auto and other S-1 commercial property owners their land will revert back to residential, if and when they discontinue the current business use. Are we correct in our assessment of this issue? Please review and provide an -answer for us on this matter as soon as possible. Thank you. SJH:ch M-94-471 ROBti.42T A.GLZY � '4. PAMELA M.HARRIS BERNARD E.STEFFEN i ' CHARLES M.SBYKORA RICHARD A.MERRILL WILLIAM M.HANSEN DARRELL A.JENSEN � DANIEL D.GANTER,JR. � JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER $arna, Guzy & Steffen, Ltd. GREGG V.HERRICK JON P.ERICKSON JAMES D.HOEFT LAWRENCE R.JOHNSON JOAN M.QUADE DAVID A.COSSI ATTORNEYS AT LAW SCOTT M.LEPAK THOMAS P.MALONE STEVEN L.MACKEY MICHAEL E HURLEY 400 Northtown Financial Plaza DAVID tvt.�wE[GE1. VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZASETH A.SCHADING HERMAN L.TALLE Minneapolis,MN 55433 WILLIAM F.HUEFNER ROBERT C.HYNES (612)780-8500 FAX(612)780-1777 i93s-'993 Writer's Direct Line: (612) 783-5158 MEMORANDUM TO: Scott Hickok Planning Coordinator City of Fridley �'��; FROM: Virgil C. Herrick � City Attorney �� City of Fridley SUBJECT: Unauthorized Issuance of Special Use Permit DATE: August 31, 1994 You have asked me whether, in my opinion, the unauthorized issuance of a special use permit would estop the City from issuing similar special use permits in the future. Another way of asking the question is whether the unauthorized issuance would be considered a precedent upon which other property owners might rely. I am of the opinion that if a permit is issued by a municipality� in error or if the permit is not authorized by applicable statutes or ordinances, that the issuance of such a permit would not be considered a precedent and would not estop the City from refusing to issue additional permits under the same ��rniwtnc��l"��C�� M�/1,�; l 1..�..:: i:: �� Cov�y�r� vr mi..�.:i��iL�� l ��Y:�� and permits, 26. 84~states as follows: "Grounds commonly adequate for revocation of a license are the illegal issuance of the permit, its issuance without authority or power, its issuance under an unauthorized ordinance or under an ordinance illegally adopted or its issuance in violation of an ordinance. The issuance of a license or permit in violation of an ordinance cannot estop a city from enforcing the ordinance against the licensee or permittee. The renewal of a license wnile conditions exist that would ordinarily be cause for its An Equal Op��ty Employer Memorandum Scott Hickok August 31, 1994 Page Two revocation does not estop the city from subsequently revoking the license in the absence of any representation by or conduct of the city upon which the licensee could reasonably be said to have relied to his disadvantage. " There is a line of cases that holds that if the licensee or permittee expends substantial time and money in reliance on a license or permit, improperly issued, that the city may be estopped from allowing the licensee to complete the project aut�'i�i i2CC� u17 .�'.�'.c �..'�C2i,S�^. iilis CGiiC�t�::L `vd'vili�,'t nt:t a��.�`ii�% t0 a party who is making application for a new license or permit. There are a number of Minnesota cases that deal with facts somewhat similar to those that we discussed. In the case of State v. Village of Roseville (1955) the court held that where a permit for property improvement has been issued by an authorized officer under a mistake of fact and in violation of an ordinance, it confers no privilege on the person to whom it is issued, and it may be revoked even though expenditures have been made in reliance thereon. In the case of Lowry v. City of Mankato (1950) the court held that a building permit issued in violation of a zoning ordinance by an official lacking power to alter or vary the ordinance is void, and the zoning regulation may be enforced notwithstanding the fact that the permittee may have commenced building operations. Based upon the above authority and other cases that I am familiar with, I am of the opinion that the City would not incur any liability should it determine to refuse to issue additional S''` CZ'�l ,�ao v��-.rmi+-c .i�,+'+ $-Z ��5�"'1C�"S. r.L s.._ �..r,.. L..� �..1 �. � .. 7Q _ � CITYOF CITY OF FRIDLEY FRtDLEY COMMISSION APPLICATION REVIEW File Number File Date Meeting Date 38 8/8/94 8/24/94 File Description: SP ��94-09, by Gary Maciej To allow the re-use of the building at 5973 - 3rd Street N.E. Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson Scott Erickson John Flora John Palacio Clyde Moravetz Leon Madsen Dave Sallman Dick Larson �� Community Development Department C� PLarnv�rrG DrviSION City of Fridley DATE: August 17, 1994 TO: Virgil Herrick, City Attorney FROM: +� Scott J. Hickok, Planning Coordinator SUBJECT: Hyde Park Redevelopment Attached please find a request for legal opinion regarding the following questions: 1. Our records indicate that the City has considered and approved special use permits in Hyde Park commercial structures. The zoning in this district is S-l. Under what authority did the City consider and grant special use permits? The Code does not identify any special use permit opportunities under S-1. 2 . Today, if we were to deny a request for a new special use permit allowing a reuse of a commercial structure, what is our liability in light of past approval history? We do have an owner of a commercial property who wishes to sell that property and has a commercial buyer awaiting our answer, as to whether or not they can apply for a special use permit, and continue to operate in this building as a commercial business location. Please review these questions and respond as soon as possible. SJH:ch Attach. M-94-469 - ; . _____ _ � [� Community Development Department � PLANNING DIVISION City of Fridley DATE: August 25, 1994 TO: William Burns, City Manager Barbara Dacy, Community Development Director FROM: ,;;.'"Scott Hickok, Planning Coordinator SUBJECT: The Custom Mechanical Special Use Permit Action By The Planning Commission of august 24, 1994 At its regularly scheduled Planning Commission Meeting, the Commission deliberated the re-use of the Custom Mechanical Building located at 5973 - 3rd Street N.E. Staff indicated that there were as many as 3 possible alternatives for action on the request. Those alternatives included: l. To table the request for a Special Use Permit while staff modifies the S-1 district to include Special Use Permit provisions for the re-use of a commercial entity, such as Custom Mechanical. 2 . The City could deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood. 3 . The City could approve a Special Use Permit based on the 1988 Custom Mechanical stipulation required a Special Use Permit for any re-use of the building to ensure compatibility with the surrounding neighborhood. After discussing the issues, the Planning Commission believed that the re-use by Gary Maciej as a cleaning service and computer graphics office would be less intensive, and at least as compatible I with the surrounding neighborhood as the Custom Mechanical operation. Therefore, the Planning Commission recommended that the i City revise the S-1 section of the code to include Special Use � Permit provisions for certain uses that are compatible with the j surrounding area. Furthermore, the Planning Commission recommended ' approval of a Special Use Permit for the re-use of the Custom Mechanical building for Quality Cleaning, Inc. and T Type Graphics. i I i � y Custom Mechanical August 25, 1994 Page 2 The purpose of the S-1 District is to: 1. Change the present "Legal Non-Conforming Use" status of the residential dwelling in the neighborhood to a "Conforming Use" status. 2 . To re-establish the residential character of the neighborhood. 3 . To protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. 4 . To establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. Though this property has not been placed on a priority list for redevelopment, if the Council wants to re-establish residential development in Hyde Park, the best time to begin that process would be between uses and owners, prior to issuance of a new special use permit. We have asked to attorney' s office to address this issue as well and his opinion will be forthcoming. 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Y <. �p��"+� ' 2. ,. } � �• 'wi}S � �M.�.� �JI ' -rY � .�"aa'p}Y',Xg�r 4#�' '$T , l',� '°e'it. � x :r.. � �j �,�. . .:...�.��iwC� �*4 y� �. - _ �„ Y SY 9f 94-09 _ Gary Maciej/bonald Dickison ; / � _ �;;."' . . � _ . / � .' / ... � , / � � � � I / �'• �c9. � I �� O-, / : ,6� - - °` ' I i 33�0 54. �; � , �� -- .� �) 1 ' i � i 1 . ` ,.,_' � . . �:. � _. � --- oi N � N _._._�_,...__ ._ .__. _� �.z�.�--r.:�-z-.-�-.._-.._. — T =��r�-�-i�-��i��iii-�-r��-�-�-�i��i� I � ii�_ii�iii�ii�iiii�ii��ii�i_ii�iiiiii�� ' � ' � ii� i�i�iii��i�iiiiii� i��iiii� � i� � � � � i� ii � � ' iiiiiiii�ii�i��i��ii�iiiii��i�ii��iiiiii� ' -iiii��i��iiii��iiiii��iiiiiiiiiiiiiiiiiii� ' iiiiiiiiiiii�iiii��ii�iiiiiii��iiiii��ii�� ' j iiiii�i�iiiiiiiii�i��ii�i"��i�iiii��y�i'iiiiiiii��i ' . JI 1 1 1 1 1 1 1 1 1 1 1 1 1�1 1 1 1 1 1 1 1�1 1�� 1 1�►1 1 1 I 1 1 1 1 � ( � I � �1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �� ; �;,��;,,��, , , , :;, �;�, , ;;��, , , . , �, ��, . ;, ,------- N , , � ,-„�„�,,;, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,,,, � �,,,,,;;,, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,,,_,. �;;��;;;��„�,�,-,�, . , ,� , , , , , �;�;�, , , . , , , , , . , , �;,� „ �;,�;;;�,��,��,;-,;�;;,�;;��.:�;;;��,��;�,��;�,�,��. �;,��;.;��;,�;;�,��,��,��,-��,��;;;��,�,�;, ��,��,,��,�;;�;,��,��;��;,;��,��.�,;��;��,�, ------- �29.05' - -.- �-. . LA��SCAP� � �� a �v PI,.'t1;i11i;r CC;i�1?iT:�:;ICi�; P-�r:?�TTI�tG - 11PRIL 1 �� 1 �)'TB p�� 10� � _ ._...,,, :� ?�r. �o�dman aaid that the �iyde Park area has had a nur:ber of speci�'ic problems in the past. He said that hardships e�ere put � on the resiciential. homes in the area tiaher. 1/3 of the area was re�cned ta Commercial in 1 g69. He said �Lhat th� residential hor.ias t��ere classified as non-conformin� use.. He said �;hat a resid�n� grc�up v�anted to knovr vrhat !;ould be done to correct the problern. He said that t;��o meetings �vere held v�itri the residen�Gs �.n the area and ��t those r�eetin�� the residents chose a 16 member° neighbornood council� He �aid that six meetings ti��ere held with the neighborhood cot�ncil at �vliich they decided -upon the Ordinance that the Commission had before them. . Mr. Loa_rdman said that ;the Hyde Park area ��as a uni^ue situa_tion, He said it tvas decided upon to call the area a Speci�.l Zoning d�.str;_ct� Iie said t�at tne nei�h.borhood council vranted the 7�onin; set up so tnat p�ople ��ould be able to utilize their exist:ir?� iacilities ar.d if . they i,ere over 50/ destroyed, they �vould be a11ol��;c� to rebuild to their present code restri�tions. He said that the n�i�l�b�rhood gener��.1J.y l�r�n�ed �e b� reclassified as ? S1_I?�'l��f�miiy area, Tney 1�ran�;ed to reta�n the characteristics cf a sirl�;:Le-family area. h�� said th�� further �ult�.ple dtirelling de�relcp�ents ti�rould be restric�Led hoti�Yever the preti��.�f; r.:ultiple and c.omme��cial property olvners ��ould be allo:;�ed to �a�ntain their establishmer.ts. �_Ifie- s-a� th— �i ��beca_use. o� the ccndiiio�ls of t��.1: �ype of zoning they had to go to a Special Zoni;lg d�.stric+, I�ir., Bo�z.rdm�t� read t}irou�h the specia.l feu�;t�res of the Or�in�nc�. I-ie ei.piair��c sev�rz:� points of �he Ordinance as b.e read throu�;iz ��liern, Nir, Rol��rt Youn� o� �807 3rd Stree� iJE said. that it :�:as d�,p�;r�der�t on the s°ezonin� of th� area as to �r�hat type of street ti�ras put in on Tnird �treet, He sa.i.d that he rras presently Commercial buL if that area �v�s rezoned to S�1 he didn' t feel they should havz to pay for tl�e co?nmercial stree�, 2�Ire .Boardman said that it i�rould be a decision that Ci�y Council ti�aou�d. have �o han:ile� C}7�.1Y'p�rson i?arris �aid �;,hat there ��aas definitely a d�ffe��nce ret��reen a reaidenti�.l >t,�eet and a commerci�l street. Ne sair thGt t'rie co:nmercial s�re��.s ��;ere ns.ne-ton streets and the residenti:�]_ stree+s rrere foui-tcrl �tree�s. Hc said that i� ti�.o�ld be a dezermir�a�t�.on th�� voulci have �o be made U,y th� Cit,y Councii. t:r., Board�c�.n �.�aid �l�.�t there vrould be nc� str. ect improveme�ts star.ted b�fore t2�e �,cnir:� �;;,:.,:; deterr�ined. ?�e said that a?l�r �n�:asux•1_r1U tlia� i�:ras tal�,iri� place �t�as de�;erminir..; the pr.aperty lines, ` I��i o �,;�ardma.n e;.pla�ned tha+ the type cf st��et tha.t ;�;�ould �o into a p�rtycular ar. ca ti•Jculd Ue det�xmined by tlie City Council. He said that �v�tfi thc S-i Dis�;rict, ther�e ��rould. �e no more expansion of businesses in tl�e �area, He said �;n;;t ��h� existin. bu�;i esses 1•rould b� allotived to rem��in, FIe said tr�at ;.t� ;.-o�al�ha`v'e � ue detcrmined at tha�; time if the existin�, busine,�se,^; ��ould put � load on a residc:ntial st�eet, ��e �aid ii it ti��as dct��r��:in�d tha.t the busi?lesse� ��rould put a load on a resi.c?�nti�1 :;trect! thc�r� the �tre��t ��rould be made a c�mmcrcial stree�, rfr� �oardm�n �J�i;i s,=�id that it �,�:�ould be �� Cii,y Cotzncil decisio�z. Yl�.��,� C�,r��:�s5,�� (�� i� , f�7� P<� �3 �. U��lzi.�� indicated that the residents should �vork ��rith and through 8 F %ne ne�.;hbc:hood commi�;tee. 1�iU. C��zl�uire rranted to kno��r vrhat could be done about a parcel of land located �at the intersection of Znd Street, 2� Street and the part of 57�- s�reet that joins the t�vo. Chairperson I�arris said that any improvements on that piece `of land ��roul.d have to be reqvested by the adjacent land oti�rners; holvever, he saic: thai; Staff could contact those land otrrners. Mr. BoardMan said that a part of that intersection ��as incl�ded in the street imrpovement plan for the area. He said that he would look intc the possibilities of that piece of land. 2�1s. Calquire said that she ti��asn' t interested in a vacation, but she felt that perhaps the City of Fridley could clean up that land and improve cn the "natureT' �hat vras already present there. Mr, Boardr�,an said that he ti;�ould loo� into the matte�. t�:r. r1'rocke said that he �vas in favor of the rezoning and the planned . ir.iprovem�nts for the area. He said that the U�ay the ordinance vras �et u�, no one in the Hyde Park area ti�rould be hurt. He said �hat tne pre�erit lai�dlords ��ould be permitted to rebuild their multiple dz:teliings should they be destroyed; he said that the commercial o!T��1ers �{�ould be �E.'I7�1 G�E'G. i:,o rebuild their establishments should Lhey be destroyed. iie said that the Colnmi�;�ee ti�ras basically tryin� �,o make LY:e area a resi:�ert:ial :iei�;hborhood and since the majority of the dwellinbs �=:ere resid�n�i�l, he felt it s�:ould be rezonedo P-1r. �en F. Carr�an of 5955-22 Street NE said that he tivas in fav�r of rezonin� the area to resic'tential. � Mro John F3acl�and of 5g�5 2nd Street IdE spoke in favor cf the rezonin�� He� said that he al�o ��ranted to see Burlington clean up their part of the �xrea., �-ie said that the residents in tihe neighborhood are continuall,y having to clean up their yards of tumble t�reeds and litter. I�Ts. PegU�T Ne��land of 584� -2� Street IV� said that she t��ox'lted on the comr.�i ytee and ,�a_s very r�.uch in favor of the rezoning. She said that everythin; had been �iscussed a� len�th a.nc+ many comprom�ses had to be :nade� �iorrever, s�le felt i�; ��ras a ��rorth��rllile project and she really ��ra?it�c�. tc� see the re�onin�; take �laee. 1� person in the audience said thaL he o��med a vacant lot in the IIyde P�r�'., area. He ::�anted to l>nor� �;�hat he could rut on th�,t lot. t•Sr. Bo�rdrilans� said th�t the only allo�xrable use �srould be a sin�le farnily drrelling. -..s-- - �'�l �" / ' �. 4 I�tT.71NNING COr1h1ISSION MEErING, SEP`I��'IBII2 14, 1988 PAGE 9 their property on the retaining wall. She stated tt�y are ' �trying to simplify this mistake rather than taking daan the re g wall, fences, etc. MOTION by Ms. Sherek, seoonded by Mr. Saba, recoirmend to City Council approval of Lot S�lit, L.S. #88-04, by ley and Phyllis Proko�owicz, to correct a certificate of survey done 'n 1969 in relation to the lot line between Lot l, Block 2, Marian s Second Addition and Lot 2, Block 2, Marian Hills Second Addition enerally located -at 1350 - 52nd Avenue N.E. and 1340 - 52nd Avenue N . , with the follawing stipulation: A division/ combination form be d by the fee owner and returned to the City by Dec. 2, 1988. UPON A VO VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KOI�IDRICK DDCI,FIRID 'I'F� MOTIO IID UI�INIMOUSLY. Mr. Kondrick stated this item will go to City Council on September 26. 3, CONSIDE�ATION OF A SPDCIAL USE PF�2NIIT, SP #88-12, BY DONFIID DICKISON; Per Section 205.05.04 of the Fridley City Code to allaw an air oonditioning, heating and electrical contractor office in an S-1, F�yde Park Neighborhood zoning district on Lots 27 and 28, B1ocJc 12, I�yde Park, the same being 5973 - 3rd Street N.E. MOTION by Ms. Sherek, seoonded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE,. ALL VO'rING AYE, VICE-CHAIPERSON KOI�IDRICK DDCI,ARED TF-� PUBLIC F�z2ING OPEN AT 9:0 5 P,M. Ms. Castle stated this property is located south of 58th Avenue on 3rd Street, north of 59th Avenue, and just to the west of University Avenue. The property is located in an S-I, Hyde Park neighborhood zoning district. To the north, south, and west is also an S-1 district. This property was discussed recently for use as a church by an Orthodox Church. Ms. Castle stated the petitioner has no plans to do any exterior work on the facade, but he does plan to expand the lot to 9 parking spaces and do same landscaping to provide sare screening for the parking area. D1s, Castle stated the proposed use does not co�ly with the use for a special zoning district. Despite this fact, special use permits were previously granted for different oo�urercial uses in 1985 and 1985. The 1985 permit was passed with four stipulations concerning site improvements. Due to extenuating circ�unstances, the petitioner never used the special use permit and never oompleted the stipulations. Ms. Castle stated A7r. Dickison's business will have a minimal effect on the surrounding ca�rninity. His office will employ appraximately two peop�e with the hope of adding tw�o to three more e�loyees in a year. Due to the nature of the business, no retail activity will occur so there will be no customer traffic. Repairs are done off-site. Ms. Castle stated staff is recc�ar�nding denial because this use does not co�ly with the intent of the I-Iyde Park, special zoning, area. Denial is based on Section 205.04,03E which states: "whenever a lawful nonconforniing use of a structure is abandoned for��eriod of 12 months, any future use of Z � - � �-- , � + � P�ANNING COI�P4ISSION P�Er�� S�I*II,�� 14, 1988 PAGE 10 said structure or land shall be in conformity with the provisions of this Chapter." Ms• Castle stated the petit��er went before the August 30 for s�rn associated variances. The ��ls C°�rmission on approval of four variances and denial of one variance con��'nge� u��need stipulations. I"Ir- Robertson stated that ev�en tho�qh t�e S-1 zoni.ng does not s uses with a special use perm�t� � �lication of the zoninq is�lat anyis to be treated similar to R-1 zoning, and in an R-1 zone, there are other uses that are allawed with a special use permit; for instance, hospitals, schools, etc. Mr• Barna stated the City Council is going to have to look at what they want to see along University Avenue--ccem�ercial or residential. Mr. Dahlberq asked if the possibili property had been o�nsiderecl b �' of rezoning this parti�ular parcel of mrYrercial use. Y �ity staff to m�,'ce it appro�riate for tl'�e Mr. Robertson stated the staff has not considered that still going with the li possibility, They are tional P° �' �r�tion of an S-1 district. There is ar, addi- problem in that they oould not rezone just one piece of land; the � would have to rezone a strip or a node of so�ne sort, y � Councilm�r Steve Billings stated that re about rezoning, at the tiir�e the area was z ned Snl, cons deation aseSg ven to whether or not the block �diately adjacent to University Avenue should 3� be S-1 or ca�r�ercial. The thou ht but essentially is forever, andgthat at�S�ap��tiret.°��n�eS�,l°St�ir�ig ao�cial ,� woul-d, for whatever reason, st �: to the S-1 zone which � �ing �� as ��ial and would then revert requires single famil housin ��? �ers on the City Council at the � y g' �'� of the .Council #'r�; the S-1 zoning unaninbusly passed ? are presently on the City Council. Unless one of those three would be chanqii-iq ,�, � his/her viewPoint fran what it was S years ago, he felt the odds of a rezoning ;;;;, to conmercial passing at this time were vezy slim. Mz'- Dahlberg stated the reason he raised the rezoning issue is b�au� �is particular parcel will likely never be a residence. Are they encouraging occuPancy of vacant prc�erties in the City or are they trying to discourage it by allawing archaic planning recca�n��o� �at might have been made years a o because it se�ned like a good idea at the time? g Ms. Sherek stated she would rather see the property oc ied business awner rather than sitting vacant and an eyesore the w�-a ait�is�n�le These vacant buildings just becane a nuisance and y �' City. , there are others around the Mr. '`,,;f�t, Barna stated he had a problem with thi �'�`;£�€, in the S-1 zonin r� S �ole pnxedure, He was involved '�{> attended quite agfew of the eia ��r of the Appeals Corrmission, and he for this area to be residential o��g� �e�ngs, an� �re W� an intent is being asked to issue a S y Y�rs ago. Nc�w the planning ��ssion pecial use perntit, wl-iich is very logical for that 7AA ' t'_ +� � � _ �:. PI�� C�`�IISSION ��G ' �� 14, 1988 site PAGE 11 �nd that build�g� but being asked to issue a n°t for an S-1 zp� an R-1 zonin9 area, �ial use Penmit to g district, becau,se Permit for He �ould not vote in faw� a ��ial b �ey `�e a ��mercial b of issuing a S �ine u�n usiness on t�s lot. Pecial Mr. Dahl.berg stated he cerned� it is agr� wi MY-. th That is whY he�d�proPriate to issue��- � f� aPPropriate Su99ested rezo a �cial �e � �e zo�J was con- unless �'d �e buildin �n9 this parcel to Permit for this zo�n they tear down the g on that Pa�el a p �e �he Pa�el 9. for residential. He .�� b�1�9 and ha� a�a° riate for a co��ial is unfort �t this �t site use, 9iven �te that it is z P�rty should n that is available priate ��ial use pe�t unded �els_but he also agreed it shoul' and it He stated th Seib�a��'�d.lused for this or��ther d1d thi� itl as aPP- �-t decision to make. ��lal P�pose. � r7r. Dick�on stated a into tg�'s b for this prop�tnin� been set because two ��a°ahc will havette �S��estated SPecial ha �� set up to be he eit�er si te omnercial bu 1d�S �'- else, tO 9et and fix it up so it looks good. g� He ��a like to�'uilding is M�'I'ION b g� in on this -- y r'�t-. Saba, seconded ;; �; �N A VOICE � �. �r�, to close the p�lic hearin , '�� PUBLIC I�ING�• AI`L' VO'!'1TIG AyE, VICE-C g { CIASID 1aT 9:35 P.M, NAIRPERSON KpIV�RICK D�ID THE } MOTION by 1�Is, Sherek appro� of Special L�se pe�� - Saba, to rec {i: 205.05.04 of the �-idley ��t� �' #88-12 °�nd to Cit ?<; and electrical ' �' Dona]-d Dickison y cO�cil ;; contrac �' COde t° �low an . Per Section F: �strict �r office � � S_1 �r �nditioning� heating, Street �n �� 27 �d 28, Block 12 ' HYde Park Nei N•E•, with . Hyde Park ghborhoocZ zonin business onl �e S�-�lation that ' � S�e being 5973 g expire. Y, and if the p�e��, is sold S�cial use Pezmit run wi - 3rd ?��;�� ;.. , the special use pernut w�this ��<€;;�� UPON A VOICE VCyI'E. KOI�IDRICK �''`=�>� S SABA �i: VICE-CHAIRpgZSON KpI�IDRICK D�� T�D�•BERG VOTIIV� AYE g�� I"IOTION CARRIID By A Up� OF�� --I�N bY Mr. D�lber Councll that cnnsidera� seconded by Mr. Barna 3rd Street N. �on be given that � to recorrr�nd � the Clty E. be rezon the tO � aPPropriate zorLing Soba �e CitY, not bP the �eProperty at 5973 _ S�Y ln this location. °��rcial business (�_l� �� e prope�tY. continue to Mr. Saba stated rna Y� there is another o Aven�ue11in the � 1s �� d �e Q� ption here. p ,; trict ��'� �Y should ' � �e �lty should 1 Dis are goingeto ��lal businesses alon U ' =�rt`�? a wider °Ok at the possibili �ke that for t.� J niversity ,;;�< r�e °f SP�ial use Pezmits � of modify.iriq the S_� �• and rnayl�e than are allo�d in zonin9 to allo�,a the R_1 z��. i 7BB iUU „ , , �., I �..:�,�rx., ' PU[3LIC 1{[/IRIfdG P�? [TING Or P'A'! �, 197£3 Page 7 � everyone at�rare of the zoning problems, public hearings were held to explain � what the zoning meant as far as the houses and businesses in the area ��ere � concerned. He stated a neighborhood council �•ras established of about 16 j people who �•rer•e hoine, apartment and business oti�mers within the Hyde Park i area and meetings were held in which they discussed the probleins and future i � planning as to what concepts the people t•ranted for- their neighborhood. � Mr. Boardman stated, from these meetings, came the idea of establishing a � , . special zoning district for Hyde Park area which �vould do several things. � It would change the present legal nun-conforminy status of residences in the ' neighborhood to establish a residential character of the neighborhood and I protect the property rights of the neighborhood as much as possible. Ne stated, once this material �•ias put together, a public heariny vras held by the Planning Conunission to discuss i;he special zoning district. The Planning Commission recominended appi-oval of the special zoning district for the flyde Park area. Mr. Boardman explained the reason the special zoning district is proposed I is that there are situations in the neighborhood where the conditions of a regular R-1 zoning district cannot be met. He stated some of the differences � betvreen this special zoning district and an R-1 zone involve the existing ! uses. He stated the residents wished to allow the.existing uses to continue so as not infringe on property rights of owners in t e area. e siated, , under this ordinance, the non-conforming uses would be allovred to continue and could be rebuilt to their present allowable setbacks, if they �•�ere damaged ' or destroyed. He stated i:hey could not, however, increase the size of the ! structui-e. � i P1r. Boardman stated the special zoning district would allow the existing multiple and comrnercial uses to remain, but they could not expand nor could , there be any new multiple or con;mercial units. Mr. E3oardinan stated the lot area size would be set at 7,500 square feet. I' Thi s ti•:oul d pertai n to ne�� as t��el 1 as ol d 1 ots. The 1 ots woul d not be 1 ess than 60 feet, but could be 50 feet, if 'Lhe lot �vas plai;ted before 1955. Ile stated lot coverage, setbacks, building heights are primarily the same as the normal R-1 zoning district. He stated the minimum floor area was reduced from 1 ,020 feet to 76f3 square feet. He pointed out these are the ,primary changes and differences between the special zoning districi: and the R-1 zoning district. Mr. Bnardman stated, under site improvements, the City is attemPting to try and improve the exterior development of the area. Mr. Herrick, City Attorney, stated he revie��ed tfie ordinance and made several i suggestions for changes and assumes they have been incorporated into the ordinance. Mayor Nee raised the question of including the three residential d�•rellings on I the South side of 57-1/2 in this special zoning disi;rict. Mr. Qoardman stated this �vas discussed by the Planning Commission ai. the public hearing. However, the staff recommended ti�ese lots not be included as it r�as felt those properties shoultl be developed as commerc�ial and shouldn't continue as r�esidential uses. ; � Councilman Fitzpatrick questioned if the lots would develop commercially, as they are presently being used for residential , and becausc of their size, he didn't really see it as a potential commei•cial developmeiit. He felt spot zoning didn't apply in this case because it is contiguous to the area , in question. Mr. E. Gurbord, 5847 2-1/2 Street N. E., stated he has lived in this area for 30 years and has a 40 foot lot and the only way he can sell it is to have it zoned commercial. � I � j � _,�. _ � . * �� P'LANNING DIV►�ION �-�i�� "'vm 9 �► S� �7-�� MEMOIZANDUM ci�nroF FRl DLEY NEM? �: city Co�cil , NEND FROM: Jim Robi nson, Pl anning Coor dinator N�ND II�TE: Novenber 3, 1987 RF�ARDING: Special Use Permit, SP #87-18, John Glynn PRIJPQSAL Mr. Jdzn Glynn has made application for a special use permit to allow sales and service of �oto cog� equipnent in an S-1, Hyde Park zoning district, at 5973 - 3rd Street N.E. Zhe property in question is the vacated Energy Shed building. 'Ihere would be very little customer visits to the site and typically Mr. Glynn would have need of four or f ewer par ki ng stall s at one time. 'Ihe Hyde Park zoning is an overlay zoning which was created to c�ange the legal non-conforming staus that some residential dwellings had in the neic�nborhood prior to the enactment af the ordinance. 'I}�is case is unique because the Hyde Park ordinance does not have a provision for oommercial develognent, even thou� there are at l�st three commercial operations in ttie neic�borhood. In the �ast, t�e Planning Comnission and City Council have used the special use permit process in order to allaa continuation of the limited conmercial operations in the area while protecting the neighborhood character and interest. This �rticular property was the subject of a special use permit for Midwest Qassified printing in October of 1985. Zhis special use permit was granted with stipulations, hawever, the petitioner r�ver took occupancy of building. Mr. Glynn's operation is of a lower intensity use than the previously appraved special use permit. 7he previous petitioner required eic�t parking stalls whereas Mr. Glynn indicated that he will need f our or f ewer stall s. Due to the lesser need for parking, concrete curbing is not required. Improvanents to the facade of �'�e building and also landscaping will be required. r � � ` - 9R Planning Commission Nwanber 3, 1987 Page 2 Because t�e structure has been vacant for aver one year, one could propose that tfie busiress has lost its legal non-conforming status and should revert to single family use. However, due to the fact that the awners of the property have been attempting to cooperate with the unique status of the property (by trying to secure only oommercial tenants which present a very laa profile in terms of irYtensity of use, and whic�i would be o�mp�tible with the residential area) it has made it extranely difficult for then to lease or sell the building. I personally have had numerous requests from various cori�nercial operations whidz would be allaaed under �e oommercial sections of the Code but would not be desirable in this �articular area. 'Ilzese requests have been discouraged and therefore �e building has stood empty. Due to the awner's oontinuing efforts to secure an acceptable tenant as def ined by the City, we feel it would be in.appropriate to designate the building as non-conforming for neic�borhood commercial use at this ti.me. We have spoken to tlie City attorney regarding this matter and he is in ap�rent ooncurrence wit� t�is deternlination. RE�MMEI�IDATjON Zhe Planning Commission reviewed the application on October 21, 1987 and reoommended appraval of SP #87-18 with �e attached stipulations. Ehclosed is the la�se agreanent from the previous petition which provides 1,600 sq. ft. of City property for �ssible �rking lat expansion. It would be advisable to lease this property to Mr. Glynn now so that he can glace his landscaping in a fashion which leaves room for the parking expansion if r�eded. JLFt/c�[n M—87-20 8 � . ,, � . � Community Development Department C� PLANNING I�IVISION City of Fridley DATE: September 15, 1994 �iy TO: William Burns, City Manager ,�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Special Use Permit, SP #94-09, by Gary Maciej , 5973 - 3rd Street N.E. On August 24 , 1994 , the Planning Commission recommended approval of a special use permit for the re-use of the Custom Mechanical building. As proposed, the building located at 5973 - 3rd Street N.E. will be under new ownership and utilized as a cleaning service and computer graphics office. Staff indicated that there were as many as three possible alternatives for action on the request. The Planning Commission chose a modified version of the first alternative. The alternatives were as follows: l. To table the request for a special use permit while staff modifies the S-1 district to include special use permit provisions for the re-use of a commercial entity, such as Custom Mechanical (the S-1 code, at this time, does not contain specific special use permit provisions) . 2 . The City could deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood. 3 . The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to insure compatibility with the surrounding neighborhood. City Attorney, Virgil Herrick, was asked by staff for his opinion as to whether a new special use permit could be issued based on the language of the S-1 zoning ordinance. Mr. Herrick stated that if the City wished to issue a special use permit for the re- use as requested, an amendment to the S-1 text should also be made to clearly allow certain uses through defined special use permit provisions. Herrick also stated that based on case law he .`{ . � 4 Gary Maciej September 15, 1994 Page 2 has researched, he is of the opinion that the City would not incur any liability should it determine to refuse to issue additional special use permits in the S-1 district. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended approval of a special use permit to allow a cleaning service and computer graphics office to occupy the building located on Lots 27 and 28, Block 12, Hyde Park Addition, the same being 5973 - 3rd Street N.E. with the following stipulations: CITY COUNCIL RECOMMENDATION Staff recommends the City Council concur with the Planning Commission recommendation. If the City Council wishes to reestablish residential development in Hyde Park, the best time to begin that process would be between uses and owners prior to the issuance of a new special use permit. SH/dn C-94-546 7J . - Z . L�' STAFF REPORT � Community Development Department Appeals Commission Datc Planning Cominission Date : August 24, 1994 City Council Date � September 19, 1994 APPLICATION NUMBER: ♦ Special use permit request, SP #94-09 PETITIONER• ♦ Gary Maciej , petitioner Donald Dickison, owner LOCATION• ♦ 5973 - 3rd Street N.E; corner of the intersection of 3rd Street and 60th Avenue. REOUEST• ♦ To allow the re-use of the property for a commercial enterprise in the S-1, Hyde Park Neighborhood District, which requires that all non-residential uses revert back to single family dwellings. BACRGROUND• ♦ In 1978, the City rezoned the property bordered by 61st Avenue on the north, University Avenue on the east, 57th Avenue on the south, and Main Street on the west, to S-1, Hyde Park Neighborhood. The purpose of the zoning district is to reestablish the residential character of the neighborhood. The neighborhood has a variety of commercial uses located along University Avenue. They include Custom Mechanical (subject parcel) , Werner's Furniture, and Frank's Used Cars. In 1985, the City began issuing a series of a special use permits to the subject parcel: SP #85-12 , by Midwest Classified SP #87-18, by John Glenn copier repair business SP #88-09, religious book store, church, and parsonage SP #88-12 , by Custom Mechanical The City Council, as a condition of approval, included the following stipulation on the Custom Mechanical request: 7R . - �. . Staff Report SP #94-09, by Gary Maciej Page 2 l. The petitioner agrees that any future re-use of the building is subject through the special use permit process that the re-use will be compatible with the surrounding neighborhood. Although there are no special uses listed in Section 205. 21 of the zoning code, it has been an administrative policy to require a special use permit prior to allowing re-use of any Hyde Park commercial property. ANALYSIS• ♦ Donald Dickison owns the property at 5973 - 3rd Street N.E. Currently, Custom Mechanical occupies the space; however, the owner has been contacted by an organization out of Spring Lake Park who have made an offer to buy the building Quality Cleaning, Inc. , in conjunction with T-Type Graphics, would share the space. T-Type Graphics employs three individuals who perform pre-press electronic computer publishing. Quality Cleaning, Inc. has a staff of 15 people who report from their home to their job sites. There would be one clerical person and very few internal staff persons at this location. No on-site outdoor storage is required for either Quality Cleaning or T-Type Graphics. In 1988, Donald Dickison was granted a special use permit for Custom Mechanical to occupy his building at 5973 - 3rd Street N.E. At that time, the owners of the Custom Mechanical building spent a considerable amount of money in an exterior retrofit which included re-siding and re-roofing the building, installing new asphalt and B612 curb and gutter, and also installing landscaping to comply with the requirements of the 1988 special use permit they received. One stipulation was placed on that special use permit which required that the petitioner agree that any future re-use of the building is subject to a special use permit which will assure compatibility with the surrounding neighborhood. Listed in the S-1 Special Districts, it states the purpose of the district is to: 1. Change the present "legal non-conforming use" status of the residential dwelling in the neighborhood to a "conforming use" status. 2 . To reestablish the residential character of the neighborhood. 75 � ' � ! � Staff Report SP #94-09, by Gary Maciej Page 3 3 . To protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. 4 . To establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. As for specific principal uses permitted, one family dwellings are listed. Commercial entities are not permitted if they were not constructed prior to the adoption of the S- 1 district. Staff has asked for a legal opinion regarding the present special use permit application, to allow re-use of an existing commercial structure. Specifications for lot size, coverage, and setback dimension were based on residential standards which appear to staff to indicate that there were to be no provisions for new construction or additions to the commercial entities. There are at least three options for responding to this request: 1. The City could table action on the item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities such as Custom Mechanical. 2 . The City could deny the request based on the intent of the ordinance to reestablish the residential character of the neighborhood. 3 . The City could approve a special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the surrounding neighborhood. RECOMMENDATION/STIPULATIONS: ♦ Staff believes it is premature at this time to make a recommendation; however, at the Planning Commission meeting on Wednesday evening, staff will provide an update of the City Attorney's opinion and a recommendation. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval 7T . � • � Staff Report SP #94-09, by Gary Maciej Page 4 of a special use permit to allow a cleaning service and computer graphics office to occupy the building located on Lots 27 and 28, Block 12 , Hyde Park Addition, the same being 5973 - 3rd Street N.E. , with the following stipulation: 1. The petitioner agrees that the future re-use of the building is subject, through the special use permit process, to determine if the use is compatible with the existing ordinance; and further, that the City Council is requested to direct staff to develop standards for use in granting special use permits in the future. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission recommendation. 7V e � � ' ��I.7.. FRIDLEY CITY COUNCIL MEETING OF SEPTEM 26 1988 PAGE 7 their approval. UPON A VOICE VOTE TAI�N THE ABOVE MOTION, all voted aye, and Mayor Nee declared the otion carried unanimously. �"" 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 14, 1988: �� A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-12, TO ALLOW AN AIR CONDITIONING, HEATING AND ELECTRICAL CONTRACTOR OFFICE IN AN S-1, HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28, BLOCK 12, HYDE PARK, THE SAME BEING 5973 3RD STREET N.E. , BY DONALD DICRISON: Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow an air conditioning, heating and electrical contracting office in an S-1 zone in the Hyde Park neighborhood. He stated special use permits were previously granted for different commercial uses for this property despite the fact that the uses did not comply with the intent of the Hyde Park special zoning area. Mr. Robertson stated staff is, therefore, recommending denial of this special use permit based on the code whicY� states that whenever a lawful non-conforming use of a structure is abandoned for a period of 12 months, any future use . of said structure or land shall be in conformity with the provisions of the zoning code. Mr. Robertson stated the Planning Commission has recommended approval of the special use permit with the provision the permit is for this business only and, if the property is sold, the special use permit will expire. He stated in conjunction with the special use permit, several variances were requested which the Appeals � Commission reviewed. He stated the Appeals Commission recommended approval of the variances, with one exception. � . Mr. Robertson stated the Planning Commission recommended to Council that either rezoning or modifying the S-1 zone in the Hyde Park neighborhood be considered to permit a wider range of special use periaits than are allowed in the R-1 zoning district. He stated the S-1 zone is more restrictive than an R-1 zone and it does not allow non-residential uses with a special use permit. Councilman Schneider stated, as he recalls, the intent was if property in the S-1 zone was destroyed, it would lose its non- ' conforming status and revert to R-1. _ Councilman Fitzpatrick stated the purpose of adopting this S-1 zone was to ultimately work towards R-1 zoning in this area. �'�`t� ;�, s;�;. ?€�<+�: Mr. Qureshi, City Manager, stated the intent was to convert this _ area to ,residential. He stated if, however, the use of the 7V . � �1�3 FRIDLEY CITY COIJNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 8 property remained the same, it would retain the non-conforming status. He stated if this lawful non-conforming use of a structure was abandoned for a period of 12 months, any future use shall be in conformity with the provisions of the Zoning Code. Councilman Billings stated this building is vacant and is an eyesore in the community. He felt even though it was vacant fpr a year or more, it probably would never revert to a residential use. Mr. Qureshi stated single family zoning does allow for other uses besides homes, such as churches and senior housing. Councilman Billings stated last year the Council did approve a special use permit for a photocopy business which never materialized. He stated the Planning Commission also recommended approval of a special use permit for a church on this property which would have been an acceptable use. He stated the owner withdrew this request before the item was submitted to Council. Councilman Billings stated the proposed�purchaser of this property, Mr. Dickison, was present this evening to answer any questions by the Council. Mr. Dickison stated when he first approached the owner to purchase this property, he was told it had been sold, but that the deal had not proceeded, therefore, he applied for the special use permit and variances. " Mr. John Magraam stated they had petitioned to use this building as a church when the owner told him it was sold to somone else. He stated this was a complete surprise to them. Councilman Billings asked Mr. Dickison if he would agr'ee to the stipulation that if he sold the property, the prospective purchaser would need to apply for a special use permit which may or may not be granted. He pointed out to Mr. Dickison that his prospects of selling may be severely limited with this restriction. Mr. Dickison asked if a future owner wished to conduct the same type of heating and air conditioning business if another special use permit would be needed. Mr. Herrick, City Attorney, stated he felt comfortable if the special use permit is issued for the use, and not this particular = owner. He stated the other question is if a special use permit is permissible in this zoning district. He stated, frankly, he did not research this question, but believed someone from his office �;�7`� indicated". it was permissible. He pointed out that this was :�}; previousl� a commercial use and there are other commercial uses in the area.. 7W , � , ' � � - C)13�'� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 9 Councilman Billings felt the question that needs to be addressed is if the Council wishes this property to become residential. He stated there was no opposition from neighboring residents when this special use permit was considered by the Planning Commission. Mr. Herrick stated probably the ques.tion on the ultimate use of this property needs to be addressed by the Council. Councilman Fitzpatrick stated he has advised other property owners who wished to have a multiple use of their property that this would not be permitted. Mr. Herrick stated there is a difference in the use of an existing building as opposed to new construction. • Mr. Dickison stated he would make substantial improvements to the property over the next several years. He stated he plans to close on this property next week, however, if no action is taken on the special use permit, he would not consider purchasing this property. Mayor Nee stated he was not sure a single family home would be the best use of this property and didn't especially feel a commercial use was wrong. He felt the question is really what is the best use of the land. Mr. Iierrick stated the market value for a single family home on E this property would be very low. . MOTION by Councilman Billings to grant special use permit, SP #88- 12, with the -following stipulations: (1) petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood; (2) a portion of Lot 29, approximately 1,604 square feet will be leased from the City for $1.00 per year as long as the business_ is in operation at this site; (3) landscaping to be installed �as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September l, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass - and eliminating weeds. Seconded by Councilwoman Jorgenson. Councilman Schneider stated if the building had been destroyed, he felt the S-1 zoning is very specific and it could not have been ��j�� rebuilt. He stated he does agree it is an eyesore. ��' Councilwoman Jorgenson stated under the S-1 zone, the property �:>�>: :r:<;. _. would have reverted to R-1, if the structure had been destroyed. 7X _ , , ,,, ' �_0,.�5 ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 10 She stated she is in favor of this business on the property, but did not like to rezone for one parcel. Councilman Billings stated he would agree that by granting the special use permit, the strictest interpretation is not being applied. Mayor Nee stated there have been proposals for various uses for this property, therefore, the property has not really been abandoned. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 83-1988 APPROVING A SUBDIVISION LOT SPLIT, L.S. #88-04 TO SPLIT A FOUR FOOT TRIANGLE OFF THE SOUTHEASTERLY CORNER OF LOT 2 BLOCK 2 MARIAN HIL SECOND ADDITION TO BE COMBINED WITH THE PROPERTY TO E EAST LOT 1 BLOCK 2 MARIAN HILLS SECOND ADDITION ALL TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1966 GENERALLY LOCATED AT 1350 52ND -AVENUE AND 1 0 52ND AVENUE, BY STANLEY AND PHYLLIS PROKOPOWICZ) • - MOTION by Councilman Billings to adopt Resolution o. 83-1988. Seconded by Councilman Schneider. Upon a voice v e, all voting ___ aye, Mayor Nee declared the motion carried unani usly. C. CONSIDERATION OF SUPPORTING SYSTEMA C CODE ENFORCEMENT IN THE CITY OF FRIDLEY: MOTION b�f Councilman Schneider to refer is item to staff for a proposal, in consultation with the Ci Attorney's Office, to be presented at some future Confere e Meeting. Seconded by Councilman Billings. Upon a voice ote, all voting aye,' Mayor Nee declared the motion carried unan' ously. D. ITEM� FROM THE APPE COMMISSION MEETING OF AUGUST 30 1988• 1. CONSIDERA ON OF A VARIANCE VAR 88-22 TO REDUCE THE SID YARD SETBACK FROM 15 TO 5 FEET• TO REDUCE THE R YARD SETBACK FROM 25 FEET TO 7 FEET• TO REDU THE MINIMUM HARD SURFACE SETBACK FROM A PU IC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET• TO DUCE THE MINIMUM HARD SURFACE SETBACK FROM 5 FEET - TO 0 FEET AT THE SIDE LOT LINE TO ALLOW AN AIR CONDITIONING HEATING AND ELECTRICAL CONTRACTOR OFFICE ON LOTS 27 AND 28 BLOCK 12 HYDE PARK THE �#:�s;` SAME BEING 5973 3RD STREET N.E. BY DONALD DICKISON: ;�<��; ,,i>> _---- MOTI by Councilman Billings to grant the variances, VAR #gg-22, 7Y FRIDLEY CITY COLTNCIL MEETING OF SEPTEMBER 19. 1994 PAG$ 17 Councilman Billings stated that the dedication of an easement for roadway purposes does not necessarily change the setbacks. Ms. Dacy stated that because it was undecided if a cul-de-sac would be constructed at some future date, it was preferable to obtain an easement at this time so the City could access this area. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 24 , 1994• A. SPECIAL USE PERMIT REOUEST, SP #94-09, BY GARY MACIEJ, PURSUANT TO STIPULATION NO. 1 OF A PREVIOUS SPECIAL USE PERMIT REQUEST, SP #88-12. THE RE4UEST WOULD ALLOW THE BUILDING TO BE OCCUPIED BY A CLEANING SERVICE AT 5973 THIRD STREET N.E. �WARD 3) : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for property at 5973 3rd Street. He stated that in 1988, the Council granted a special use permit for Custom Mechanical at this location. He stated at that time, the peti- tioner was made aware of the fact that the intent of the code was to reestablish the residential character of the neighborhood and at the time of resale or reuse of the property, the questions of a special use permit might come up again. Mr. Hickok stated that this item was presented to the Planning Commission and the Commission recommended approval of a modifica- tion of one of three staff options. He stated that these options were to table action on this item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities; deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood; or approve the special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the sur- rounding neighborhood. He stated that the Planning Commission recommended approval of this special use permit with the stipula- tion that future re-use of the building is subject to the special use process. The Commission also requested that Council direct staff to develop standards for use in granting special use permits in the future. Mr. Hickok stated that staff concurs with the Commission recommendation, but point out that if the City Council wished to bring this property back to a residential area, now would be the time to do so prior to a new owner having approval for a new business. Councilwoman Bolkcom asked how many businesses are in the Hyde Park area. FRIDLEY CITY COIINCIL MEETING OF S$PTEMBER 19. 1994 PAGE 18 Mr. Hickok stated that there are four businesses, including Custom Mechanical. Councilman Schneider stated that the intent of the S-1 zoning district was to try to clean up an area where there is a mix of residential areas next to commercial use. He felt that now may be the time to work towards this goal to have this become a residen- tial neighborhood. He felt that the special use permit should be denied and acquisition of commercial properties in this area considered. Mayor Nee stated that Council made a decision to try to restore this area to residential, and at that time funds were not available to purchase properties. Mr. Herrick, City Attorney, stated that if the Council determines the property should not be used for any new commercial purposes, it would mean the present structure would have to be used for residential purposes. He stated that if the City wishes to dis- continue the commercial use, it probably would require acquiring the property either by condemnation or through negotiations. Mr. Maciej , the petitioner, stated that his only concern is that if he is granted the special use permit, he may end up with an empty lot down the road. Mr. Dickison stated that he purchased the property in 1988 and has a contract for deed for the purchase of the property with a closing on September 30, based on approval of this special use permit. He stated that when he was issued a special use permit in 1988, he complied with all the stipulations and understood if, at some future date, he was going to sell the property, he had to go through the special use permit process. He stated that he does not have a problem with this, but it would be a problem for him if it reverts back to residential. He stated that he is currently leasing the building, and those people want out of their lease because they are going out of business. Councilman Schneider stated that the City's long range plan was to return this area to residential use. He stated that this S-1 zoning was passed fifteen years ago, and if the City is serious about revitalizing this area as a residential neighborhood he felt now may be the time to do so. Councilwoman Bolkcom stated that the Hyde Park area has been tar- geted for revitalization, and there is another commercial property in this area for sale. Councilwoman Jorgenson felt that the City has a commitment to the neighborhood, and the long-range plan was to return this area to residential. � � , '� 7 ' �� Sr� �S'�.-4� • 2 � � PLANNING DIVISION � MEMORANDUM c�noF � FRIDLEY r . �O: Jock Robertson, Catmunity Develognent Director Planning Canmission ManUers F�M: Kathlyn C`astle, Planning Assistant DATE: July 22, 1988 RE��II�: Special Use Permit, SP #88-09, 5973 - 3rd Street N.E. Proposal r; The petitioner, Fathe� �T��--I�1ac��a�m, is requestirx,� a special use permit be granted to allaa a church, g3rsorage, bell tower arx3 religious book store at 5973 - 3rd Street N.E. Backgrour�d This property is located in an S-1, Hyde Park neighborhood, zoning district whose mgulations are similar to those of the R-1, single family dwelling, zoning district. In an R-1 district, churches, bell tawer, parsonage and bookstore are allawed as a special use. The buildi.rr,� and site requirements for this use is the same as those outlined in the CR-1, general office, zoning district. A special use pennit was previously granted for this site in 1985 and 1987 - which allaaed a different carmercial use in an S-1 zoning district. 'I'he 1987 pennit was passed with four stipulations regarding site and building irnprovanents. Due to exterruating cir�umstances, the petitioner never used the special use pennit, therefore, the stipulations were never ccsnpleted. The church will be approxin�tely 530 square feet. Of this 530 square feet, 63 square feet will be used for a bookstore and 32 square feet for the g�rsorr�ge. The sanctuary will provide space for approximately 24 parishoners, including the cnoir. On the east side of the building an apse will be constructed which will be used as the alter. The exterior portion of the building wi11 consist of stucco arrl concrete block. Starf recatmen3s approval of this r�quest with the follcwing stipulations: 1. Parking situation to be reviewed in �cao years to detezmine adequacy of existing lot. 2. 'I'1-:e church bell shall be only rung at the beginning of each mass on Surx3ay. � � � � SU� #88-09 - 2A ' July 22, 1988 Page 2 3. Reuse of this building b� a different chu�h is required to apply for a special use pernlit� 4. A portion of Lot 29, approx�tely 1,604 square feet is being leased f�xn the City at $1.00. 5• Landscaping to be installed as per plan b� July 1, 1989. 6. A perforniance borri or letter of cred.it for 3� of the construction value be given to the City prior to issuance of the building pernlit. 7. Install six ir�ch concrete curbing around the entire perimeter of the �rkirx3 lot including driveway opening b� NovanUer 1, 1988. 8. Parking lot to be sa�lca�ted and striped (eight spaces) by November 1, 1988. 9. Pbsts are to be ranaved upon ir�stallation of landscaping (July 1, 1989) . 10. Petitioner to imintain site i.�nediately b� cutting grass arr3 eluninating weeds. KC/dn M-88-I84 : _ � �� - ■r c,_ . � CtTYOF F[Z[DLEY CIVIC CENTER • 6431 UNIVERS[TY AVE. N.E. FR[DLEY, MINNESOTA 55432 • PHONE(612)57(-3450 CITY COUNCIL - ACTION TAKEN NOTICE �`� �� '" October 3, 1988 Donald Dickison 1321 - 26th Avenue N.W. New Brighton, MN 55112 On September 26, 1988, the Fridley City Council officially approved your request for a special use permit, SP #88-12, to allow an air conditioning, heating and electrical contractor office in an S-1, Hyde Park Neighborhood, zoning district on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. with the following stipulations: 1. Petitioner agrees that any future re-use of the building is � subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood. 2. A portion of Lot 29, approximately 1, 604 square feet will be leased from the City for $1.00 per year as long as the business is in operation at this site. --� � Landscaping to be instailed as per plan by September 1, 1989. 4. A performance bond or letter of credit for three percent of the construction value be given to the City prior to issuance of the building permit. 5. Parking demand shall not exceed nine spaces unless additional spaces are provided. �--� 6. Install six inch concrete curbing around the entire perimeter - of the parking lot including driveway opening by September 1, 1989. .�---�( 7.J Parking lot to be sealcoated and striped, nine spaces, by �-J September 1, 1989. �---� 8. Bollards are to be removed upon installation of landscaping. C,. � - 7CC - � - � . . Donald Dickison � suP #ss-ia Page 2 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, ��G�c John L. Robertson Community Development Director JLR/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 17, 1988. � Concur with action taken. � , 7DD _ C��OF �RIDLEY FRIDLGY MUNICIPAL CEN'f'F,R •6431 UN[VERSI"I'Y AVE. N.F;. FRIDLL-:Y, MN >i-13? • (61?) 571-3-150• FAX (612)571-12H7 CITY COUNCIL � ACTION TAKEN NOTICE September 22, 1994 Gary Maciej 4614 - 161st Lane N.W. Andover, MN 55304 Dear Mr. Maciej : On September 19, 1994 , the Fridley City Council officially denied your request for a special use permit, SP ##94-09, to allow the re-use of the building at 5973 - 3rd Street N.E. , pursuant to stipulation #1 of a previous special use permit request, SP #88- 12 , specifically the stipulation which states: "The petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use � would be compatible with the surrounding neighborhood. " Please � let me know about the status of your search for other buildings or properties; I know the Council would want to know the outcome of your search. If you have any questions regarding the above action, please call me at -3590. Since ely, Barbara Dacy, AICP Community Development Di or BD/dn cc: Donald Dickison Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 7 , 1994 . Concur with action taken. � Community Development Department. � PLANNING DIVISION City of Fridley DATE: September 26, 1994 TO: Carol Meyer FROM: ,� Barbara Dacy, Community Development Director RE: Reimbursement of Special Use Permit application Fee The City Council at the September 19, 1994 meeting passed a motion to authorize reimbursement of the $400 Special Use Permit application fee to Gary Sylvester Maciej . Please prepare a check in the amount of $400, payable to Gary Sylvester Maciej . I have attached a copy of the application and receipt. The check should be returned to me, and I will hand deliver it to them. BD:da Enc. M-94-583 t Print Key Output Page 1 5738SS1 V2R2M0 920925 FRIDLEY 09/23/94 13:20:07 Display Device . . . . . : DSP11 User . . . . . . . . . . . COLE CR400I04 City of Fridley 9/23/94 Payment Inquiry 13:20:01 Operator ID: COLE Date: 7/22/94 Number: 00 Receipt number: 0002830 Customer Location Amount Type Srv 400.00 ...................................... G/L Credit account . . 10100003227000 : Payment Description . • G/L Debit account . . . . Bank code . . . . . . View information, press Enter. . Project nunber . . . . . Description . : �UALITY CLEANING INC, fOR . : SPEC. USE PERMIT #94-09 . : 5973 3RD ST. N.E. . , + , . F12=Cancel . FS=Corm�ents F12=Cancel ...................................... C\ - � � tV � C t � � � � v 1