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SP91-15 r � CITY OF FRIDI�Y '• . 6431 UNIVIILSITY AVIIVUE N.E. FRIDI�Y, I�T 55432 QoQauulity Devel�ent �t (612) 571-3450 SPECIAL USE PEIiNIIT AP'PLIQ�iTI@t FC�'NI ��_...�_...�_..�..__��_�_��_...._..�..��..._....�.._��_��...._.._�.r.,,.��_�.,.�......��..��_..__.._...��.........�� PimE�F� II��o12�TION - site plan required for suk.anittals; see attached Address: 910-950 Lynde Drive Legal description: 910 - Lots 5 through 7, Block 4, Lyndale Builders 6th Addition 950 - Lots 3 throuqh 5 Blocic 4 Tract/Addition Lyndale Builders 6th Addition Current zoning: R-3 General Multipl�quare footage/acre.age 4 Family Dwelling , Reason for special use permit: To allow overflow parkinq for ad,ioininq property at 941 Hillwind Road "Hillwind Office C n e" Section of City Code: .D a,b�o�,J �m� v- 6�Y-i� 'a}v�C�' -tc�- �a.�,.e vt� aSeJ�.. ��..��...�_� _� �..��.r.r...�_....�......».........��..._��......�_�..��..._��..�_..��_� F'EE OWl�it ON (Qontract Purchasers: Fee Owi�rs must sign this form prior to processing) N�_�ynde Investment Co. , ADDRESS � , LIAYTIN� PHONE 545-0780 SIC�, � c. OATE G� �' PETI'I'IOI�R II�iORI�TI@1 _ NI�ME Rolche' Partnership ADDRESS 3647 McKinley Street N.E. , Minneapolis, MN, 55418 �,yT� pgp� 781-3184 ;; _ SIGNA'IURE �� .,,.t�,c.�-'� I]ATE �� -'�l/ .,.��.,.��_��_��..__��__��.,.��...��..��.,.��.,.��..��..��.._��.,...��..�_�_........�_��...,. Fee: $200.00 ✓ $100.00 for residential second aocessory buildings ' ' �t sP # �1 � — 1� �� # ��3 ql� � f P,pplication received by: {�.��,.e✓��--- ? Scheduled Plannirig C�unission date: � �y � Scheduled City Council date: �_�.......��_��..�_��_�_��..�..��..��__��.,.��..�..�.,.�_.._.._�...,..,.��..�..�_..��__�� CITY Or YRIDLEY PL71N RBVISR CHECRLIBT e. Site Plan: Applicants for vacations must submit the leqal description of the parcel (easement, atreet, etc.) to be vacated. 1. Property line dimensions, location of all existinq and proposed structures with distance from boundaries, Complete site plans, eiqned by a reqistered architect, civil distance betveen etructures, building dimensions and enqineer, landacape architect, or other design professional, to floor elevations include the followinq: 2. Gradinq and drainaqe plan ehowing existing natural A. General: featurea (topoqraphy, wetlanda, vegetation, etc.) as well as proposed grade elevations and aedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Leqal description (certificate o! survey may be required) �. All exiatinq and proposed pointa o! eqress/ingress 3. Name, address, and telephone number of applicant, showinq widths of property lines, turninq iadii abutting enqineer, and owner of record rights-of-way with indicated center line, paving width, existinq and proposed median cuts, and intersections of • 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 5. Description of intended use of site, buildinqs, and 4. Vehicular circulation system showinq location and dimensions for all driveways, parkinq spaces, parkinq lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emerqency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoninq and land use traffic flow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and scraening detail of trash enclosures (ii) Gross floor area of buildinqs 7. Location and screeninq detail of rooftop equipment (iii) Percent of site covered by buildinq 8. Building elevations from all directions (iv) Percent of sita covered by impervious surface 9. Utility plan identifyinq size and direction o! existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or ' place of assembly (viii) Number of parkinq spaces required ! (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories y J 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 Wednedsay, January 8, 1992 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 15, by Rolche' Partnership, per Section 205. 09. 01.C. (6) of the Fridley City Code, to allow automobile parking lot for off-street parking for adjacent uses, on Lots 3 through 7, Block 4, Lyndale Builders 6th Addition, generally located at 910-950 Lynde Drive N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: December 25, 1991 January l, 1992 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Planning (Z!Z.(jl �� SP ��91-15 Rolche' Partnership MAILING LIST Council Rolche' Partnership Resident Manager 3647 McKinley Street N.E. 910 Lynde Drive N.E. Mianeapolis, MN 55418 Fridley, MN 55432 Lynde Investment Co. Apartment Management Plus 400 Dakota Aver�ue South 4530 Excelsior Boulevard Golden Valley, MN 55416 St. Louis Park, MN 55416 Resident Manager Resident Manager 5650 Polk Street N.E. 5701 Highway 65 N.E. Fridley, MN 55432 Fridley, MN 55432 �� Polk Street Investment Group Resident Manager ' 2901 Metro Drive, 1� 105 995 Lynde Drive N.E. Bloomington, MN 55420 Fridley, MN 55432 Real Estate 10 Office Bldg. Jesper Jensen 951 Hillwind Road N.E. 1011 Lynde Drive N.E. Fridley, MN 55432 Fridley, MN 55432 �� Independent Ten Phan Quan � 951 Hillwind Road N.E. ]001 Lynde Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Harry McKinley Rolche' Partners�ip 1010 Lynde Drive N.E. 941 Hillwind Road N.E. Fridley, MN 55432 Fridley, MN 55432 Harry McKinley City Council Members P.O. Box 32154 Fridley, MN 55432 Planning Comm. Chair Ray Wells 1000 Lynde Drive N.E. Fridley, MN 55432 Resident Manager 990 Lynde Drive N.E. Fridley, MN 55432 Robert Shapiro Lynde Investment Company 9801 Oak Ridge Trail Hopkins, MN 55343 Resident Manager 950 Lynde Drive N.E. Fridley, MN 55432 SP ��91-15 Rolche Partnership S //2 SEC. , ��TY oF �., �:; / �'�� . 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J � C �Y' . . �� . •'� � � . • . ' ' ' � . � . „ • . ' w..'�� Y . y . � . . . '• J � ' • . . . • � � ' �i " � � , b , w---� c� ' - a: .,� i �"� . � � ��'d • I _ � �� 3u Wh� - ,Si - N ,'- 'g1 � • ;��• � �62 .�- �iz • - �41 � . ' . . � o . . ' �� • . • �. . � ' . .. • : V� . Q � . . .. ' N . ► � • � . r Y ,?� , - . . : .� 3 ` 1 � _ .' ' . � r . o ' ' . , • , J 677/\��A'�,'a'�6 LJ �y"' .r � ti `' I . . � � .�. � � J -�. ' . . . '� � �t . �. t . . . " . . , . , �,. . � . . . _. ' . ��,. �ROPOSED SITE PLAN ' SKETCH PLAN FOR� � SKYLINE BUILDERS � LOT SURVEYS COMPANY, INC. LAND SURVEYORS r..+c.�wsn � � �. ah..�....oa c....._. . • . . LYNOc DRIvE • � ' e,V„�..�.�. c,.r••-• f o-in°°°�isaid�r�ur�::"...�.' � I ;�"� M.ber d w�w-�� • � � . . . All�y�er 10't 70• � . =�R� . � . ..n�.r.r wi..r �µ,....:�..• . I E �•' 9 IS- . . . `�va�ro p�''�� I � � . � f \ r 'v � ' Subject Parcel .,. .� � � es z9� �� .:.l � I� I� I� � � � 1e � ! � oP r lo b w � � � 1 . . . a� � \1 , � �� . . M . S�• � � P a r kTn�• one woy � O �# �i �,.�.• ��+ 4 �� ( ' Common Lot Line :>-� � � .�.�r �-T.:—.:.�.� � � — � . . . � . F ��`k . . ' � . . , ' . . ' . �� , . � i . � . ' . i � . � . . . . . � � o ro � - � � a' � - �o . i r �r�efr.,y 6��id�.,9 � u� � C Hillwind Office Center - =��"`rtu„�`"`,.'."""'°"�' aa..o aw«.qe,.u�m.a w�v1. . . ti17 M�aserd�aG Ae+er�.�Mr w tf.r . ' ' . d W SVv a[M�aw. y P . . � . . � �Ort�A tilf]N 4/d Dc�Mr.IKI (p u��'"�ZQ�� A.n..c►.Mtr.M.w.�rq City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given ihat ihere will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Genter, 6431 University Avenue N.E. on Wednesday, January 8, 1992 at 7:30 p.m. for The purpose Of: Consideration of a Special Use Permit,SP p 91-15, by Rolche' Partnership, per Section 205.09.O1.C.(6) of ihe Fridley City Code,ta allow automobile parking lot for off-sireei parking for adjacenT uses,on Lots 3 ihrough 7, Block 4, Lyndale Builders bih Addition, generally located at 910-950 Lynde Drive N.E. Any and all,persons desiring to be heard� shall be given an opportunity at ihe above stated time and place. DONALD BETZOLD GHAIRMANPLANNINGCOMMISSION � � Any questions related To this item may be referred to ihe Fridley Community Develop- ment Depariment,571-3450. (Dec.24&31,1991)—Fridley _ C��F F[ZIDLEY C[VIC CENTER • 6-131 UNIVERS[TY AVE. N.E. FRIDLEY, M[NNESOTA 55432 • PHONE(612)571-3450 September 19, 1988 Cheryl Stinski 1612 Berne Circle N.E. Fridley, MN 55432 On September 12, 1988 the Fridley City Council officially approved your request for a Rezoning, ZOA ��88-01 , to rezone from R-3, General Multiple Dwelling, to CR-1 , General Office, on part of Lots 2 and 3, Auditor's Subdivision No. 25, the same being 1001 Hillwind Road N.E. , with the following stipulations: 1 . The vacated house on the rezoned parcel should be removed from the site prior to the publishing of the rezoning ordinance. 2. The proposed rezoning is for the development as outlined on the attached site plans and elevations only. 3. The petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for .on-street parking. Should on-street parking result, the City may sign the street as "no parking" and require that additional stalls be made available or the need be reduced. 4. Petitioner to work with staff on landscape refinements and have an agreed upon plan prior to City Council approval. 5. Petitioner to supply a storm drainage plan which meets staff approval prior to City Council public hearing. 6. Petitioner to supply a performance bond or letter of credit in the amount of 37 of the construction value prior to issuance of a building permit. 7. That this rezoning is contingent upon the property owner filing Restrictive Covenants against the subject property providing for the following: a. That the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley. 7T Stinski ZOA September 19, 1988 Page 2 b. That the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to ensure that there is not any on-street parking. 8. In the event that a Certificate of Occupancy is not issued on or before June 1 , 1990 by the City for the building described in paragraph 1 above, then this rezoning shall be automatically terminated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. If you have any questions regarding the above action, please call the Planning Department at 571-3450: Sincerel�, ' ,'� i ` l/�, L� % �l/� ohn 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 September 30, 1988. Concur with action taken �� ;t. Rolche' Partnershi p 3647 McKinley St. N.E., Minneapolis, MN 55418 Telephone (612) 781-3184 December �, 1991 Ms. Michelle McPherson Appeal Commission of the City of Fridley rridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Michelle: This request is made to the Commission for its consideration of a Variance Request by Rolche' Partnership. This request is made to allow for overflow parking for the tenants at the office building known as Hillwind Office Centre. Although Hillwind has ample parking at the site, there are times when additional parking is needed to accommodate the visitors to the office building. Burnet Realty conducts weekly tours of the properties they list which requires salespeople from other Burnet locations to come to Hillwind Office Centre. They leave their cars at Hillwind for 3 to 4 hours at a time causing a shortage for the other tenants. This occurs during normal working hours, never on weekends or in the evening. We are asking your help in relieving this hardship that exists. We have contacted our neighbor to the north to lease some parking stalls from them to accommodate us during the overflow parkiiig problem. We have a long term lease, pending your approval. Thalik you for your attention to this matter. Respectfully, G�� ; , �c� R. A. Stinski RAS/jkb 7V Rolche' Partnershi p 3647 McKiniey St. N.E., Minneapolis, MN 55418 Telephone (612) 781-3184 September 17, 1992 Ms. Michele McPherson Planning Assistant City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Ms. McPherson: This letter is in reply to your letter of September 3, 1992. 1. Enclosed is a copy of the lease between Lynde Investment Co. and Rolche' Partnership. 2. The contract for the dumpster enclosures has been awarded and the project should be completed by the first part of October. 3. We have contacted Midland Nursery, Inc., our landscape contractor, regarding the replacement of the dead plant material. They have advised us that this would be taken care of this fall. Yours very truly, G`� • _ . R. A. Stinski RAS/jkb LEASE This Lease is made as of the first day of February 1992 between Lynde Investment Company, a Minnesota general partnership, as Landlord, and Rolche Partnership, a Minnesota general partnership, as tenant, and witnesses the following: In consideration of the mutual promises herein and other valuable consideration, the parties agree as follows: l. General. This Lease concerns an approximately rectangular piece of land (the "Parking Lot") , measuring approximately 174 feet from east to west, and 96 feet from north to south, depicted as a parking lot on the attached Exhibit B. The Parking Lot comprises part of the land legally described as Lots 3 through 7, Block 4 , Lyndale Builders 6th Addition, Anoka County, Minnesota. Surrounding the Parking Lot and also located on the same legally described land are two apartment buildings known as 910 and 950 Lynde Drive, Fridley, Minnesota (the "Apartment Buildings") . The Hillwind office Centre (the "Centre") is an improvement situated on the parcels whose legal description is set forth on Exhibit A attached hereto. 2 . Possessory Rights Granted. Under this Lease, Landlord is granting Centre Users the right to park vehicles in the Parking Lot, and to enter, leave, and travel within the Parking Lot incidental to such parking. Except as may be expressly provided elsewhere in this Lease, Tenant and Centre Usars may use the Parking Lot for no other purpose. At no time may Centre Users park vehicles in more than seventeen designated parking spaces. The term Centre Users includes the owners and managers of the Centre, tenants therein, the tenants' employees and invitees, and other users or visitors to the Centre. 3 . Term. The term of this Lease shall commence on the fifth day following completion of the resurfacing work described in paragraph 7 (the "Commencement Date") and expires (unless extended or terminated as provided below) at 11: 59 p.m. of the day before the lOth year anniversary of the Commencement Date. As long as no Default exists at the time Tenant gives such notice, Tenant may give notice at any time prior to the last 180 days of the initial 10 year lease term of its intent to renew the lease term, whereupon the lease term shall automatically be extended to the day before the 15th year anniversary of the Commencement Date. As long as no Default exists at the time Tenant gives such notice, Tenant may give notice at any time prior to the last 180 days of the extended 15 year lease term of its intent to renew the lease term, whereupon the lease term shall automatically be extended to the day before the 20th year anniversary of the Commencement Date. Prior to the Commencement Date, Landlord shall have the right, upon reasonable notice to Landlord, to enter the Parking Lot for the purpose of posting signage permitted under this Lease and performing the work described in paragraphs 7 and 9 . 2 4 . Rent. Tenant will pay Landlord, as rent, the sum of $500 for each month during the lease term, whether the initial term or any extended term. The rent will be payable, in advance, on the first day of each successive month, at Landlord's address. Rent will be prorated in the case of any partial month. 5 . Siqnage And Exclusivity. Tenant will have the right at all times during the Lease term to post signs designating the southernmost row of spaces, together with however many spaces, of Tenant's choosing, within the middle row of spaces as may be added to those within the southernmost row to equal 17 spaces, as being available exclusively for Centre Users or certain specified Centre Users on weekdays during the hours of 8 : 00 a.m. through 5 : 00 p.m. The shape, color, and other particulars of these signs will be subject to Landlord's reasonable approval . The costs of providing, maintaining, and removing such signs shall be solely Tenant's. The signs shall be property of Tenant at all times. If Tenant posts such signs, then during the periods indicated on the signs, Centre Users will be limited to parking in those designated spaces and Apartment Users will have no right to park in such designated spaces. Otherwise, Centre Users may use any available parking space. In addition to the signage just described, Tenant will have the right and obligation to post such directional and other signs on the Parking Lot as the City of Fridley may require in approving, absolutely or conditionally, Variance Application No. 3 91-35. The costs of providing, maintaining, and removing such signs shall be solely Tenant's. The signs described in the preceding sentence shall be property of Landlord at all times. 5 . Landlord�s Possessory Rights. Tenant acknowledges that the Parking Lot now provides parking for residents, invitees, and other visitors ("Apartment Users") of the Apartment Buildings. Landlord may continue such use during the term of this Lease. Landlord agrees that during the term of this Lease the Parking Lot shall be used solely as a parking lot for Centre Users and Apartment Users. 6 . Regulation Of IIsers. Tenant agrees to use reasonable efforts to make Centre Users comply with any restrictions imposed in this Lease on use of the Parking Lot by Tenant and Centre Users. Landlord agrees to use reasonable efforts to prevent Apartment Users from infringing on the rights of Tenant and Centre Users under this Lease. Notwithstanding anything herein that may be to the contrary, neither Landlord nor Tenant, respectively, shall be deemed to be in breach of this Lease by reason of any action by Apartment Building Users or Centre Users, respectively, including the use by Centre Users of more than 17 spaces or the use by Apartment Users of spaces designated for exclusive use by Centre Users, that occurs despite Landlord or Tenant's reasonable efforts to prevent or remedy the same. Neither Landlord nor Tenant will order the towing of any vehicles it believes to be infringing on its rights under this Lease without first contacting the other party and making a good faith effort to resolve the infringement in other ways. 4 7 . Initial Resurfacing. As soon as practical, after the Commencement Date, Tenant will resurface the Parking Lot. The resurfacing will conform to all requirements imposed by the City of Fridley, Minnesota. The resurfacing will include striping designed to create three rows of parking spaces, each containing approximately 15 spaces. Except insofar as attached Exhibit C requires otherwise, the size, number, location, and configuration of the parking spaces created by such striping will substantially conform to the sketch plan attached as Exhibit B. Tenant will pay for all labor, materials, and permits needed for the resurfacing. In the event the cost of such labor, material, and permits exceeds $40, 000, Tenant shall have the right, exercisable by written notice given prior to June 1, 1992 , to cancel this Lease. 8 . Tenant�s Maintenance Duties. During the term of this Lease, Tenant will provide, at Tenant's expense, snow plowing for the entire Parking Lot and ordinary and routine maintenance of the entire Parking Lot. 9 . Bins. As soon as practical, after the Commencement Date, Tenant will, at Tenant's expense, provide and install, at the locations designated as "dumpster areas" on the attached Exhibit B, two wooden bins, appropriately sized to contain the two garbage dumpsters in use as of the date of this Lease. Tenant will have no responsibility to maintain, repair, or replace these bins. 5 10 . Fridley Approval. Tenant will comply with all requirements set forth in numbered paragraphs one through eight in the Action Taken Notice from the City of Fridley, dated February 3 , 1992 , attached as Exhibit C. 11. Fence. Tenant will maintain, at Tenant's expense, the fence running along the common boundary between Tenant�s parcels and Landlord's parcels. Tenant has the right to create an opening in the fence to accommodate foot traffic between the Centre and the Parking Lot. 12 . Defaults. No party shall be deemed in Default until it is given written notice of the breach and fails to cure the breach within the following grace periods. The grace period for nonpayment of the rent prescribed in paragraph 4 will be 10 days. The grace period for any other breach will be 30 days, provided that if the breach cannot be cured through reasonably diligent efforts within those 30 days, then the grace period will be extended for so long as the breaching party is diligently pursuing reasonable efforts likely to cure the breach in due course. 13 . Tenant�s Riqht To Cancel. Tenant may cancel this Lease at any time by giving one year's advance written notice. 14 . Tenant�s Right Of First Refusal. Landlord hereby gives Tenant a right of first refusal on the following terms. Tenant will not transfer any of the property described in the second sentence of paragraph 1 without first giving Tenant written information of all material terms of any proposed transfer (if Landlord has received a written offer from the proposed 6 transferee, Landlord shall provide Tenant with a copy of that written offer) . Such writing shall be deemed an offer from Landlord to sell to Tenant the property involved on the same terms (provided, however, that Tenant will not have to perform any term which, by its nature, can be performed only by the proposed transferee. Tenant will have 30 days from the time the writing is given to give Landlord its written acceptance of the offer. If Tenant fails to give such acceptance, Landlord will have the right to transfer the property involved on the same terms, without violating Tenant's right of first refusal , provided the transfer occurs within 210 days after Landlord gave Tenant the writing described in the second sentence of this paragraph. For purposes of this paragraph, and subject to the exceptions set forth in the next sentence, the term "transfer" includes the signing by Landlord of a purchase agreement, contract for deed, deed, or an agreement or collection of agreements whereby the transferee acquires more than a 50% ownership of Landlord. Notwithstanding the previous sentence, the term "transfer" does not include a transfer in lieu of foreclosure, a transfer pursuant to or in lieu of condemnation, a transfer to any of Landlord's general partners, a transfer to any entity at least 50% of which is owned by at least one of Landlord's general partners, any transfer by descent or distribution, any transfer made entirely or substantially as a gift. 7 15. Insurance. Tenant will furnish, without expense to Landlord, liability insurance in the same amount as Tenant carries for Hillwind Office Centre, insuring Landlord against claims asserted by Centre Users, or persons claiming through them, arising from the use of the Parking Lot by Centre Users . 16 . Notices. All notices and other papers directed from one party to another will be in writing and directed to the following addresses. If to Landlord, to Lynde Investment Company, at 9802 �a� Ridge Trai1 , Minnetor.ka, Minnesota 55343 , Attention: Bennie Rozman. If to Tenant, to Rolche Partnership, at 3647 McKinley Street N.E. , Minneapolis 55418 , Attention: Roland A. Stinski. To be deemed effective, any notice must be sent by registered or certified mail, hand-delivered, or (if the recipient has a telefax at its address, telefaxed. By written notice, either party may amend its address. Notice will be deemed given upon receipt, if hand-delivered or telefaxed, or on the third day after mailing, if mailed. 17 . Successors. This Lease binds and inures to the benefit of the parties and their respective assigns, successors, and heirs. 18 . Headings. Headings are used for convenience only and have no substantive meaning. 8 In witness whereof, the parties have signed this Lease as of the date first written above. LYNDE I STMENT COMPANY ROLCHE PARTNERSHIP _ By: `7i�� , �.i� By: L '�C--�,�G�" ,C'�c t-�'� Its General Partner Its General Partner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this %7�day of �-P.-�-.- , 1992 , by Bennie Rozman, a general partner of Lynde Inves ent Company, on behalf of said general partnership. � .�_._.� Notary Public �; ;;�=�'.;�. DEL�RESROZMtAN :';��} iE NOTh.�iY PU$L3C•MItJNE50TA ��`�```==4 r�'�?�fy Camm sionPExpi e�Sep.23,1996 �;.�...- 3TATE OF MINNESOTA ) +�+w::?�;��a�+�d ) ss. COUNTY OF HENNEPIN ) The foregoin� was acknowledged before me this /� �'t" day of /'�,�.� , 1992 , by Roland A. Stinski, a general partner of Rolche Partnership, on behalf of said partnership. �� Notary Public �� T�=.D�TcRS riaraqv w,��r.zs.nr,��•r,� 4�� 1-7�=.{�vC��vt:iV 1 Y � 1N CO►W�3S60N EJ(P!12�5 i-12� 9 '��IIBIT ~A° - Trac� I: Lot 1, Bloc�c I, xillwind Addition, according to the recorded plat t�er_of, and situate in Anoka. Counr�, Mi:uiesota. Tract 2: That part of Lat 3, Audit�r' s Subdivision No. 25, lyiag West of the East 1.580.4 feet thereof and lying South o= t:�e Sout:� line of t:�e Nort� Half o= t?�e Vorthwest Quar�er of t�e Sout:�west Quarter of Sec�ion 24, Townsnip 30, Range 24, according to the recorded plat t:�ereo=, and situata in �noka Count;�, Minnesota. Trac� 3: A11 that part of Lots 2 and 3, Auditor' s Subdivisiort Vo. 25 , accord- ing to the map or pLat thereo= on f:.Ie and o= record in the o=��ce of the Anoica Count;r �egistar oL Deeds , lying r.7est of t:�e East 1580.4 feet thereo=, and Iving Vort:z of the Sout:� line of the Nor�h Half o� the vor�:�west �Quarter o= the Sout:�wes� Quar�er of Sec�:on 24, Towriszip 30, Range 24, Anoka Count•�, Minnesota; and �raica lies Sout:� of the Sout� line o= L;mdale Builder' s 6 t:� Ad- dit�on, according to t:�e map or plat thereflf on f�1e and o= record in the ot- fice oz the Regis��ar of Tit�es in and for t:�e Count� o= dnoica, Minnesota. 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M W Aan N 11�sae4. .. . 4[d tiL!Rl 4�d Me�Mr.7M1 tlOwAt / �/'ik�- 4 A.R+ari.Nlr.fq.R.f7q � EXHI�IT � __, � COMMISSION APPLICATION REVIEW � � �R � �►� 1EETING DATE FILE DESCRIPTION SP #91-15 CITYOF 65 11/26/91 1/8/9� (prel) �olche' Partnership - Allow parking FRlDLEY - COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS ` � , , 'i f'_%;�n P��:.l�Q� �]�MICHELE M. � � � ��ti� �,. MAR • � �l�/ . r) 2 �. . ' � � ," I� . , $ � r,� f/' �� f �'I �"�' / � 1� � �� ,.. �r �� , . � �-� , C � C� JOHN F. >, . � :-�l <�.,� � , �..�, �-.,-.� �„�. .�� / o ��"r G �d-� ,, � . , r ,, �. �•�. G�.�. c� �.�,�. rL.�,�,�? L..�.v G''— �',i"��•` ' � ,•�' . �-1 �,��-� !v G,GL,_ ARR �/'<r�t,�. !� �� ,� n � �,�,; , .,�' . C. � , � � < , � � . , • ;r �` ; ._, � ' __ _ , a LYDE M, . � � �►� �� --.�r�-�-- �� S��h j ._� L�, �1�Z� � � �� : LEON M. �i,�� > JIM �H. �� - " �. � � CHUCK M. ! � ` � � � � �� c� > � . . �� - �� . , s�,�� C�-�1,� r � �� s�z� � ��C(�� .- � �, � � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : January 8, 1992 FRtDLEY CITY COUNCIL DATE : January 27, 1992 AUTHOR MM/dn REQUEST PERMIT NUMBER sP ��91-15 APPLICANT Rolche Investments PROPOSED REQUEST To allow a parking lot in R-3, General Multiple Family Dwelling zoning for an adjacent use. LOCATION 910 - 950 Lynde Drive N.E. SITE DATA $�ZE 55,900 square feet ] .04 acres DENSITY PRESENT ZONING R-3, General Multiple Family Dwelling ADJACENT LAND USES CR-1 , General Office to the South; R-3, General & ZONING Multiple Family Dwelling to the Southeast, East, ��ES and North. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Denial APPEALS RECOMMENDATION PLANNING COMMISSION Approval RECOMMENDATION Staff Report SP #91-15, Rolche' Partnership Page 2 Request The petitioners request that a special use permit be granted to allow a parking lot for an adjacent use in the R-3 , General Multiple Family Dwelling district. The parking lot on 910 and 950 Lynde Drive will serve tenants at 941 Hillwind Road N.E. The petitioners have also applied for four variances to Section 205. 09. O1.0 of the Fridley City Code to allow the construction of the parking lot. The Appeals Commission voted to recommend denial of the variance to reduce the front yard setback from 35 feet to 15 feet, but recommended approval of the remaining three; to reduce the rear yard setback from 15 feet to 5 feet, to reduce a two way driving aisle from 25 feet to 24 feet, and to reduce the length of a parking stall from 20 feet to 18 feet. Site The subject parcel is located at the intersection of Hillwind Road and Lynde Drive. The adjacent use is the Hillwind Office building located at 941 Hillwind Road. The subject parcel is zoned R-3 , General Multiple Family Dwelling. There is CR-1, General Office District zoning to the south. Background The petitioners received a rezoning from R-3 , General Multiple Family Dwelling, to CR-1, General Office District, in 1988 . The petitioner also received a variance to reduce the side yard setback from 15 feet to 5 feet along the common property line between the subject parcel and the Hillwind Office parcel. The petitioner was required to provide 93 off street parking stalls based on the 1 per 250 sq. ft. office ratio in the Zoning Code. The site plan does provide the required 93 stalls. As a condition of approval, the petitioner was required to file restrictive covenants against the property (see Action Taken Letter dated September 19, 1988 , Attachment A) . One of the restrictive covenants stated that "the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further the owner will take any and all steps which are necessary so as to ensure that there is not any on-street parking" . The petitioner has one tenant, Burnet Realty, which is currently violating the restrictive covenants. As is stated on the petitioner's hardship letter dated December 5, 1991, the tenant conducts weekly tours from the center; therefore, the petitioner 7L Staff Report SP #91-15, Rolche' Partnership Page 3 is requesting the variances to resolve the parking problem. Intent of the Ordinance Section 205. 09 . 01.C. (6) allows as a special use parking for an adjacent use on property zoned R-3 , General Multiple Family Dwelling. The Code was probably intended for a vacant parcel rather than sharing parking between differing uses which do not have similar parking requirements. In this instance, the petitioner is proposing to share the parking lot of an adjacent apartment complex. The petitioner is proposing to expand the apartment complexes' parking lot in order to gain additional spaces. The expansion of the parking area necessitates the variance application. The existing parking lot provides approximately 20 spaces for the apartment complexes (see existing site plan) . The petitioner is proposing to expand the parking area to provide 42 parking stalls (see proposed site plan) . In reviewing the proposed plan, the striping is such that it cannot meet the code required 25 foot driving aisle and 20 foot space. Practically, it could function but in order to meet the Code, it would have to be striped in such a way to facilitate one-way traffic and prevent parkers from using the parking lot as if it has two-way driving aisles. By expanding the parking area, the petitioner will actually be bringing the parking area up to code. The parking area is shared by two 11 unit, one-bedroom apartment buildings. As required by Code, the parking area should provide 33 spaces for the tenants. It is currently short 13 spaces. The net effect is that the petitioner gains 9 additional spaces to be shared between the two uses. After the Appeals Commission meeting, the petitioner revised the proposed plan to eliminate two of the four variances, and to reduce the amount of the front yard variance from 20 feet to 15 feet (35 feet to 21. 5 feet; see revised proposed site plan) . The revised site plan attempts to meet the code requirements and utilizes a one way circulation plan. This can work, however, the stalls are not striped at an angle to facilitate the traffic circulation. In addition, in winter, it will be difficult at best to determine the proper traffic circulation. The revised plan provides 44 spaces, which is a net gain of 11 spaces. While the petitioner does not have any other alternatives, the Code clearly states in Section 205. 16. 05.D. (7) that: "Adequate off- street parking spaces shall be required for all vehicles concerned with any use of the lot. " This would require that all cars associated with any tenant in the Hillwind Office Center building to park within the office center parking lot. The petitioner 7M Staff Report SP #91-15, Rolche' Partnership Page 4 should work with individual tenants to resolve the parking problem in another manner other than expanding the apartment complexes ' parking area. Recommendation and Stipulations As the intent of the ordinance to allow parking for adjacent use within the R-3 district is for vacant parcels and as the Code requires that adequate off-street parking be provided for all vehicles concerned with any use on a particular lot, staff recommends that the Planning Commission recommend denial of the special use permit request to the City Council. However, if the Commission recommends approval of the special use permit, staff recommends the following stipulations: 1. The petitioner shall submit a drainage plan to the Engineering Department for approval . 2 . Six-inch concrete curbing shall be installed along the entire perimeter of the parking area. 3 . A landscaping plan in compliance with the Code shall be submitted and approved by staff. The plan shall include a 3 foot berm and trees 50 feet on center along Lynde Drive. 4 . The petitioners shall construct dumpster enclosures for the apartment buildings. 5. The petitioners shall submit a striping plan for approval by staff. 6. The petitioners shall apply for and receive approval from the Rice Creek Watershed District. 7. Variance request, VAR #91-35, shall be approved. Planning Commission Action The Planning Commission voted 3-2 to recommend approval of the request to the City Council with the stipulations recommended by staff. City Council Recommendation Staff recommends that the City Council deny the request as the intent of the ordinance is to allow parking on a vacant parcel, not one which is occupied by a residential use. The code also requires adequate on-site parking for all vehicles associated with a particular use. 7N ., [� Community Development Department � PLANNING DIVISION City of Fridley DATE: January 23, 1992 , � TO: William Burns, City Manager✓��'' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #91-15, by Rolche' Investments; 910 - 950 Lynde Drive N.E. Attached please find the above-referenced staff report. The special use permit request is to allow a parking lot in the R-3 , General Multiple Family Dwelling district for an adjacent use. The adjacent use in this request is Hillwind Office Center at 941 Hillwind Road. The Planning Commission voted 3-2 to recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall submit a drainage plan to the Engineering Department for approval . 2 . Six inch concrete curbing shall be installed along the entire perimeter of the parking area. 3 . A landscaping plan in compliance with the code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive. 4 . The petitioners shall construct dumpster enclosures for the apartment buildings. 5. The petitioner shall submit a striping plan for approval by staff. 6. The petitioner shall apply for and receive approval from the Rice Creek Watershed District. 7. Variance request, VAR #91-35, shall be approved. The Planning Commission also discussed the necessity for signage to direct traffic for one-way circulation. Signage was not recommended in the stipulations, but could be added to stipulation #5. i SP #91-15, Rolche' Investments January 23 , 1992 Page 2 Staff recommends that the City Council deny the request, since the intent of the ordinance is to allow parking on a vacant parcel ; not one which is occupied by a residential use. The code also requires adequate on-site parking for all vehicles associated with a particular use. MM/dn M-92-42 7H CITY OF FRIDLEY PLANNING COMMISSION MEETING, JANIIARY 8, 1992 �.�...�..r�..r.......r�..r.,.�..r�....�..,....�....,.�.�.�.�.�.�.�.�.�.,.�..r��.r.r.r�..r.,.�.�...�..r.,..r.�.,..,..r...�.r...�.,.�..�.,....,. CALL TO ORDER• Chairperson Betzold called the January 8, 1992, P1 ning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dean S , Sue Sherek, Diane Savage, Brad Sielaff Members Absent: Dave Kondri , Connie Modig Others Present: Michele cPherson, Planning Assistant Roll ' and Cheryl �Stinski, Rolche' Investments APPROVAL OF DEC BER 11 1991 PLANNING COMMISSION MINUTES: MOTION by . Saba, seconded by Ms. Sherek, to approve the December 11, 1991 Planning Commission minutes as written. IIPO VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE M ION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #91- 1_5, BY ROLCHE' PARTNERSHIP: Per Section 205.09. 01.C. (6) of the Fridley City Code, to allow automobile parking lot for off-street parking for adjacent uses, on Lots 3-7, Block 4, Lyndale Builders 6th Addition, generally located at 910-950 Lynde Drive N.E. MOTION by Ms. Savage, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated the subject property is located at the intersection of Hillwind Road and Lynde Drive. The adjacent use for the parking lot is the Hillwind Office Center located just south of the subject parcel. The subject parcel is zoned R-3 , _ General Multiple Family Dwelling. There is CR-1, General Office, to the south, and additional R-3 zoning to the east and north. Ms. McPherson stated that in order to construct the proposed parking lot, the petitioner has also applied for four variances. PLANNING COMMISSION MEETING. JANIIARY 8, 1992 PAGE 2 On December 10, 1991, the Appeals Commission voted to recommend denial of the variance to reduce the front yard setbaek from 35 - feet to 15 feet. The Appeals Commission did recommend approval of variances to reduce the side yard setback from 10 feet to 5 feet, to reduce the width of a two-way driving aisle from 25 feet to 24 feet, and to reduce the length of a parking stall from 20 feet to 18 feet. Ms. McPherson stated the petitioner received a rezoning from R-3, General Multiple Family Dwelling, to CR-1, General Office, in 1988, for the office parcel located south of the subject parcel. At that time, the petitioner also received a variance to reduce the side yard setback from 15 feet to 5 feet along the common property line in order to allow for parking. At that time, the Code required the petitioner to provide 93 off-street parking stalls based on the 1 per 250 sq. ft. office ratio. The office site plan does provide the required 93 stalls. Ms. McPherson stated that also as a condition of approval of the rezoning, the petitioner had to file restrictive covenants against the property, and the restrictive covenants required that "the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to ensure that there is not any on-street parking". Ms. McPherson stated that Section 205. 09.O1.C. (6) of the Zoning Code does allow parking lots for adjacent uses as a special use in the R-3 zoning. It is staff's interpretation that the Code intended that the parcel that is to provide the parking would be a vacant parcel and not a parcel already occupied by a principal use. In this instance, the parking lot would be shared between the apartment dwellers and the office tenants. Ms. McPherson stated that currently there are 2 0 parking spaces for the apartment buildings. The Code requires that each apartment building have 16 parking spaces for a total of 32. The existing site plan is short 12 spaces. The original proposal by the petitioner provided for 42 spaces and locations for the apartment dumpsters. This is the proposal the Appeals Commission reviewed - which required the four variances. Subsequently, the petitioner has submitted a revised site plan which reduces the driving aisles from two-way to one-way, meets the parking stall requirement, and increases the buffer area between the parking area and the property _ line at the front from the original 15 feet requested to 21.5 feet. So, the petitioner has attempted to meet the Code requirements. However, while this plan can work, the parking stalls are not ' striped at an angle which would facilitate a one-way traffic flow direction and also in the wintertime, it would be difficult to determine that the driving aisle is one way. The revised plan does ' PLANNING COMMISSION MEETING, JANUARY 8, 1992 PAGE 3 provide 44 spaces which would be a net gain of 11 spaces for the petitioner. - - Ms. McPherson stated that while the petitioner does not have any alternatives , the Code clearly states in Section 205. 16. 05.D. (7) that: "Adequate off-street parking spaces shall be required for all vehicles concerned with any use of the lot. " This requires that all cars associated with any client or tenant of the office building must park within that particular lot. Staff has suggested the petitioner work with the tenants of the office building to resolve the parking problems, other than expanding the apartment buildings' parking area. Ms. McPherspn stated another concern staff has with this particular concept of sharing parking stalls is that the requirements are much different for the apartment buildings versus the office building. Parking between adjacent uses and even shared parking lots is allowed in commercial districts, and it works in those districts because parking ratios are similar to each other. Here, the parking requirements for the apartment building are based on a per bedroom ratio versus a per square footage ratio for the office building. Ms. McPherson stated that as the intent of the ordinance is to allow parking for adjacent use with the R-3 district is,� in staff's interpretation, for vacant parcels and the Code clearly requires that adequate off-street parking be provided be provided for all vehicles concerned with any use on a particular lot, staff is recommending that the Planning Commission recommend denial of the special use permit. If the Commission chooses to recommend approval of the special use permit, staff is recommending the following stipulations: l. The petitioner shall submit a drainage plan to the Engineering Department for approval. 2 . Six-inch concrete curbing shall be installed along the entire perimeter of the parking area. 3 . A landscaping plan in compliance with the Code shall be submitted and approved by staff. The plan shall include ' a 3 foot berm and trees 50 feet on center along Lynde Drive. 4 . The petitioners shall construct dumpster enclosures for . the apartment buildings. 5. The petitioners shall submit a striping plan for approval by staff. 6. The petitioners shall apply for and receive approval from the Rice Creek Watershed District. PLANNING COMMISSION MEETING, JANUARY 8, 1992 PAGE 4 7. Variance request, VAR #91-35, shall be approved. - Mr. Rollie Stinski stated they own the Hillwind Office building which was built and finished in 1989. It has been a struggle to get the building filled, but they are now 100% occupied. He stated that because of this request for extra parking, there might be the misunderstanding that there is currently a traffic problem. He stated their major tenant is Burnett Realty. Burnett Realty is a growing company, and they have a lot of customers coming in and out of the parking lot all day long. Usually once a week they conduct tours which brings in about 35-40 cars which makes the parking lot very crowded. He has a new tenant on the second floor (attorneys) that is bringing in clients. So, he thought that it might be good to relieve some of that congestion now before any of these people start parking on the street. Right now, there is not a problem, but he is looking to the future as these businesses grow. When they were constructing the building, his wife had suggested to the City Council that if there was ever a parking problem in the future, it might be helpful to do try to get some shared parking with one of the apartment buildings and the Council was in agreement with this. Mr. Stinski stated the apartment buildings next door seem to be all one bedroom units with no children. There are mostly grown adults with very few cars in the parking lot during the day. Since his concern is for parking during the day time, he believed this could be a good marriage between the office building and the apartment buildings. It is a solution to a parking problem that might exist for the City in the future. Mr. Betzold asked how the petitioner would inform the public of the one-way traffic pattern. Mr. Stinski stated he would install signage indicating one-way traffic. He did not think that would be a problem. Mr. Sielaff stated he is interested in knowing what kind of control measures the petitioner would put in place to prevent tenants and future tenants from overparking. Mr. Stinski stated it is going to be a problem, but there really is no way to control tenant parking. That is why he is proposing this shared parking with the adjacent apartment buildings to relieve the congestion. He stated he will be doing the parking lot _ maintenance and the snowplowing. He stated the apartment buildings' owner is very receptive to this arrangement. Ms. Savage stated that in the staff report, staff is suggesting the petitioner work with the individual tenants to resolve t,he parking problem in another manner. Can he do this? , " . PLANNING COMMISSION MEETING, JANUARY 8, 1992 PAGE 5 Mr. Stinski stated that is very difficult. He has written to his tenants about the amount of designated space; but it b�comes more � difficult as the tenants draw more and more clients or customers. The clients and customers don't know and don't care what parking is available. Mr. Sielaff stated he is really concerned about the lack of control for on-street parking. Ms. Sherek stated that she did not remember the City having a petitioner coming to the City who wants to correct a possible problem before it happens. She realized the apartment buildings' parking lot is relatively small, but isn't there some way to come to a resolution and make this workable? In terms of controlling the traffic flow direction, one solution would be to put a 6-inch curb in the center row in front which would force people to back out of a parking space and continue in the one-way traffic pattern. She believed that when someone comes in with a request to help prevent a future problem, then the City should work with the petitioner to try to make it work. Mr. Betzold stated he is not sold on this particular solution to solve any parking problem. He stated this is a lovely building, but this is the type of building which attracts tenants that exacerbate a growing parking problem and the lot is overbuilt. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:05 P.M. Mr. Saba stated he agreed with Ms. Sherek in that they should try to work with petitioners who are trying to solve problems. He did not think this is the best plan, but it is innovative. Ms. Sherek stated she believed they should realize that when a lovely building like this is built adjacent to an interstate, it is going to draw the type of tenants that want a location that is easy to find. She stated she would like to see this special use permit seriously considered by the Commission; however, there are ' a lot of questions that need to be answered before the Council meeting. � Mr. Betzold stated he believed the problem is going to come sooner - � than later. The Commission can only deal with the plans that are presented to them, and he did not like this plan. He would appreciate it if the petitioner would go back to the drawing board and rethink his request. Mr. Sielaff stated he appreciated the fact that the petitioner is being pro-active on this, but there are just so many unanswered . ", , PLANNING COMMIS3ION MEETING. JANUARY 8, 1992 PAGE 6 questions. He would like to see the owner try to pay some type of attention to trying to control the parking problems- with his tenants. He realized the owner also has to serve the tenants, but he stated he cannot support the plan as presented. Ms. Savage stated that by adding parking spaces, the petitioner is actually bringing the apartment buildings' parking up to Code. She is not bothered by the one-way direction. All parking lots in Minnesota have this problem in the winter. Sometimes, part of the problem is that there is not adequate signage, so she believed this is a problem that could be worked out. She stated Fridley has good requirements for landscaping, and that is part of the stipulations. She would recommend approval of the special use permit. . MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of SP #91-15, by Rolche' Partnership, per Section 205.09.O1.C. (6) of the Fridley City Code, to allow automobile parking lot for off-street parking for adjacent uses, on Lots 3-7, Block 4, Lyndale Builders 6th Addition, generally located at 910- 950 Lynde Drive N.E. , with the following stipulations: l. The petitioner shall submit a drainage plan to the Engineering Department for approval. 2. Six-inch concrete curbing shall be installed along the . entire perimeter of the parking area. 3 . A landscaping plan in compliance with the Code shall be submitted and approved by staff. The plan shall include a 3 foot berm and trees 50 feet on center along Lynde Drive. 4. The petitioners shall construct dumpster enclosures for the apartment buildings. 5. The petitioners shall submit a striping plan for approval by staff. 6. The petitioners shall apply for and receive approval from the Rice Creek Watershed District. 7. Variance request, VAR #91-35, shall be approved. UPON A VOICE VOTE, SABA, SHERER, SAVAGE VOTING AYE, BETZOLD AND SIELAFF VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED - BY A VOTE OF 3-2. Ms. McPherson stated this item, along with the variance request, will go to City Council on January 27, 1992 . FRIDLEY CITY COIINCIL MEETING OF JANUARY 27, 1992 PAGE 5 5. RESOLUTION NO. 14-1992 AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES �'OR A LOCKE LAKE DAM LOAN• i � , Mr. Flora, Public Works Director, stated that t s resolution is for a loan for the Locke Lake dam which Repr entative Simoneau assisted the City in obtaining. j- /l MOTION by Councilman Schneider to adop��esolution No. 14-1992. Seconded by Councilman Billings. , Mr. Burns, City Manager, state that the matching grant requirements will be satisfied ma' ly by the loan, but the City needs to contribute an additio $15,000 from the Storm Water Fund. UPON A VOICE VOTE TAKEN ON HE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot'on carried unanimously. 6. FIRS READING OF ORDINANCE RECODIFYING THE FRIDLEY CITY � CODE CHAPTER 2 ENTITLED "BUILDING CODE " BY AMENDING SECTION 206.03. B BY ADDING NEW PARAGRAPH "SURCHARGE ON RESIDENTIAL BU LDING PERMITS": Ms. Dacy, Comm nity Development Director, stated that this ordinance ame ment would allow a $5.00 surcharge fee on residential b ilding permits. She stated that this surcharge is permitted by he new State law requiring contractors to be licensed by the Sta e rather than individual communities. She stated that. the surc rge is intended for the City to recover its .costs for license erification. MOTIO by Councilman Schneider to waive the reading and approve the ord' ance upon first reading. Seconded by Councilman Billings. Up a voice vote, all voting aye, Mayor Nee declared the motion c rried unanimously. 7. RECEIVE THE MINUTES OF THE PLANING COMMISSION MEETING OF JANUARY 8, 1992 • A. SPECIAL USE PERMIT. SP #91-15, BY ROLCHE PARTNERSHIP TO ALLOW " AN AUTOMOBILE PARKING LOT FOR OFF-STREET PARKING FOR ADJACENT USES ON IATS 3-7, BLOCK 4 , LYNDALE BUILDERS 6TH ADDITION, GENERALLY LOCATED AT 910-950 LYNDE DRIVE N.E. : Ms. Dacy, Community Development Director, stated that this request is for a special use permit to allow the parking of cars on the adjacent property for the Hillwind Office Center. She stated that there is also a variance request to reduce setbacks. Ms. Dacy stated that the Zoning Code does allow parking lots for adjacent uses as a special use in the R-3 zoning district. She , � FRIDLEY CITY COIINCIL MEETING OF JANUARY 27. 1992 PAGE 6 stated it is staff's interpretation that the code intended that the parcel that is to provide the parking would be a vacant.parcel and not a parcel already occupied by a principal use. She stated that in this case, the parking lot would be shared between the apartment dwellers and the office tenants. Ms. Dacy stated that the Appeals Commission, in conjunction with this request for a special use permit, reviewed the variance requests and recommended denial of the variance along Lynde Drive and approval of the other variance requests. She stated that since the Appeals Commission meeting, a revised site plan has been submitted consistent with the recommendation of the Appeals Commission. She stated that the setback on Lynde Drive has been increased to 21.5 feet instead of 15 feet, and a one-way traffic pattern is proposed. She stated that the Planning Commission has reviewed the request and recommended approval on a 3 to 2 vote. Ms. Dacy stated that if Council wishes to approve this request staff is recommending certain stipulations. Councilman Schneider asked if this request is not approved, what alternatives there are for providing parking. Ms Dacy stated that the alternative would be other arrangements. She stated that the parking is needed because the realty business is conducting seminars. She felt that possibly the realtor could provide some van or car pooling to reduce the need for parking. Ms. Dacy stated there is no question that the parking provided at the apartment complex is .below the current code requirements, but when site inspections were conducted during the day only half the lot was full. Mr. Stinski, the petitioner, questioned why the special use permit was needed if he had an agreement with the apartment complex owner that he could park on his property. Mr. Herrick, City Attorney, stated the code states that a special use permit is required, and because the setbacks are not met, a variance is also required. He stated the intent that the parcel providing the parking be vacant property is correct, but the . ordinance does not state this explicitly. He stated that if Council approves the special use permit and variances, he would suggest that the two property owners enter into an agreement to share parking, and he would like to review this agreement. He stated that the agreement. should also address responsibility for maintenance. Councilman Schneider asked Mr. Stinski if he had a problem with any of the stipulations. , ' FRIDLEY CITY COIINCIL MEETING OF JANUARY 27. 1992 PAGE 7 Mr. Stinski stated that he thought all he needed was permission from the apartment complex owner to park on this proper�y, but now finds he would have to install concrete curbing, provide a landscaping and drainage plan, construct dumpster enclosures, submit a striping plan, and apply for and receive approval from the Rice Creek Watershed District. Councilman Schneider stated that if Mr. Stinski is in agreement with the stipulations, he would tend to favor approval of the reques�. He felt that possibly the length of the parking stalls should be reduced in order to provide more green space to the north. Ms. Dacy stated that the original plan submitted provided parking stalls with an 18 foot depth and a 24 foot aisle width. She stated that through the Appeals Commission process, the petitioner was advised to submit a revised plan, and there was discussion on a one-way traffic pattern on the site. She stated that the petitioner has provided a revised plan, and if there is a one-way traffic pattern only an 18 foot wide aisle is needed. She stated that the ordinance provides that the parking stall can be 18 feet deep if it abuts a curb. Councilwoman Jorgenson stated that there is a need for more parking in the area. She stated that she had no problem with the depth of the parking stalls abutting a curb being 18 feet, but signage should be provided to indicate a one-way traffic pattern. She stated she has some concern that there may be some vandalism in this p�rking lot. She stated that she would like to maintain a 25.5 foot setback. MOTION by Councilman Schneider to grant Special Use Permit, SP #91-15, with the following stipulations: (1) The petitioners shall submit a drainage plan to the Engineering Department for approval; (2) Six inch concrete curbing shall be installed along the entire perimeter of the parking area; (3) A landscaping plan in compliance with the code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive; (4) The petitioners shall construct dumpster enclosures for the apartment buildings; (5) The petitioners shall submit a striping and signage plan for approval • by staff; (6) The petitioners shall apply for and receive approval from the Rice Creek Watershed District; (7) Variance request, VAR #91-35 shall be approved; and (8) a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the City staff's approval. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of January 8, 1992 . Seconded by • „ , FRIDLEY CITY COIINCIL MEETING OF JANIIARY 27. 1992 PAGE 8 Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEE ING OF DECEMBER 10. 1991: A. VARIANCE RE UEST VAR 91-35 BY ROLCHE PARTNERSH TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21.5 F T• TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEE TO ALLOW THE CONSTRUCTION OF A PARKING LOT FOR AN ADJAC T USE ON LOTS 3 THROUGH 7 BLOCK 4 LYNDALE BUILDERS 6TH DITION THE SAME BEING 910-950 LYNDE DRIVE N.E. : The Council discussed this variance request i conjunction with the request for the Special Use Permit for thi parcel (Item 7-A) . MOTION by Councilman Schneider to rant Variance Request, VAR #91-35, to reduce the front yard setback from 35 feet to � 25.5 feet and to reduce the side ya d setback from 10 feet to 5 feet, with the following stipula ons: (1) The petitioners shall submit a drainage plan to t e Engineering Department for approval; (2) Six inch concrete c rbing shall be installed along the entire perimeter of the par ng area; (3) A landscaping plan in compliance with the code s 11 be submitted and approved by staff. The plan shall include three foot berm and trees 50 feet on center along Lynde Drive; (4) The petitioners shall construct dumpster enclosures for he apartment buildings; (5) The petitioners shall submit a triping and signage plan for approval by staff; (6) The petitio rs shall apply for and receive approval from the Rice Creek Wate shed District; and (7) a signed copy of the lease or rental ag ement between the owner of the apartment complex and the petit oners shall be submitted for the staff's approval. Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. B. VARIANCE RE EST VAR 91-36 BY SIGNAGE SYSTEMS FOR EMBERS RESTAURANT TO INCREASE �THE SIZE OF A FREE-STANDING SIGN FROM 80 S UARE EET TO 120 S UARE FEET TO ALLOW THE CONSTRUCTION OF A NEW REE-STANDING SIGN ON LOT 11 AUDITOR'S SUBDIVISION NO. 155 THE SAME BEING 5400 CENTRAL AVENUE N.E. : Ms. Dacy, ommunity Development Director, stated that this is a request f om Embers Restaurant for a variance to increase the size of a fr standing sign from 80 square feet to 120 square feet. She st ed that the sign currently on the property is 350-400 squar feet and has been in existence since 1959. Ms. acy stated that there are four tests which must be met in or r to grant a variance. Staff has reviewed these, and finds t re are no unusual aspects of this property that would enable is parcel to have a variance, as compared to other properties in the immediate area. She stated that while a 120 square foot sign . , . _ _ GTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERS[TY AVE. N.E. FR[DLEY, MN 55432•(6l2)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE February 3, 1992 Rolche' Partnership Cheryl and Rollie Stinski 3647 McKinley Street N.E. Minneapolis, MN 55418 Dear Mr. and Mrs. Stinski: On January 27, 1992, the Fridley City Council officially approved your request for a special use permit, SP #91-15, to allow an automobile parking lot for off-street parking for adjacent uses, on Lots 3 through 7, Block 4, Lyndale Builders 6th Addition, generally located at 910-950 Lynde Drive N.E. , with the following stipulations: 1. The petitioners shall submit a drainage plan to the Engineering Department for approval. 2 . Six inch concrete curbing shall be installed along the entire perimeter of the parking area. 3 . A landscaping plan in compliance with the Code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive. 4 . The petitioners shall construct dumpster enclosures for the apartment buildings. 5. The petitioners shall� submit a striping and signage plan for approval by staff. 6. The petitioners shall apply for and receive approval from the Rice Creek Watershed District. 7. Variance request, VAR #91-35, shall be approved. � Rolche Partnership SUP Request February 3 , 1992 Page 2 8. A signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the City staff's approval. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn cc: Lynde Investment Co. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by February 17, 1992 . Concur with action taken , _ I _ � � � C��F FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)57(-3450•FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE February 3, 1992 Rolche' Partnership Cheryl and Rollie Stinski 3647 McKinley Street N.E. Minneapolis, MN 55418 Dear Mr. and Mrs. Stinski: On January 27, 1992, the Fridley City Council officially approved your request for a variance, VAR #91-35, to reduce the front yard setback from 35 feet to 25. 5 feet; and to reduce the side yard • setback from 10 feet to 5 feet, to allow the construction of a parking lot for an adjaent use, on Lots 3 through 7, Block 4, Lyndale Builder's 6th Addition, the same being 910-950 Lynde Drive N.E. d�. The petitioners shall submit a drainage plan to the Engineering Department for approval. 2 . Six inch concrete curbing shall be installed along the entire perimeter of the parking area.�� A landscaping plan in compliance with the Code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive. � � ( 4,� The petitioners shall construct dumpster enclosures for the . U apartment buildings. . (�j The petitioners shall submit a striping and signage plan for �� approval by staff. �,� The petitioners shall apply for and receive approval from the Rice Creek Watershed District. v�� v�2�o�� ! Variance request, VAR #91-35, shall be approved. • Rolche Partnership VAR Request February 3, 1992 Page 2 (8� A signed copy of the lease or rental agreement between the �� owner of the apartment complex and the petitioners shall be submitted for the City staff's approval. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn cc: Lynde Investment Co. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by February 17, 1992. Concur �with action taken • _ CITYOF FRI DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612)571-1287 September 3 , 1992 Cheryl and Rollie Stinski Rolche' Partnership 3647 McKinley Street N.E. Minneapolis, MN 55418 Dear Mr. and Mrs. Stinski: I recently completed an inspection of the parking lot expansion at 910 and 950 Lynde Drive. The parking lot looks very good and is a great improvement over the original parking lot. However, there are several items which remain outstanding which were conditions of approval for your special use permit, SP , #91-15. These conditions are as follows: 1. Submit a bond in the amount of $3 , 000 to cover the out- door improvements. 2 . While landscaping was installed in compliance with the code and approved by staff, some of the plant materials have died since installation and need to be replaced. I would assume that these materials can be replaced under warranty and should be replaced by the contractor. 3. Dumpster enclosures have yet to be constructed for the apartments. 4 . I have not received a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioner for our files. Please complete the above items by October l, 1992 . An inspection will be conducted on or about that date to ensure compliance with the special use permit conditions. If you have any questions or concerns regarding these issues, please contact me at 572-3593 . Sincerely, Michele McPherson Planning Assistant MM: ls C-92-269 � ��v��3� . . LSTA�E OF MINNESOTA ) CITY COIINCIL PROCEEDINGB . COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) In the Matter of: a special use permit, SP ��9 1-15 OWnez': Rolche' Partnership The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of January , 19 92 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow an automobile parking lot for off-street parking for adjacent uses on Lots 3-7, Block 4, Lyndale Builders 6th Addition, generally located at 910-950 Lynde Drive N.E. ST IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with eight stipulations. See City Council minutes of January 27, 1992. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 3� ,�'D day of �,�3 , 19 %�3 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 J ) � (�/. �� William A. Champa, City lerk � �� ; _ n9 �t� � ,`� E o�� ,�S�A,1,;. ,-%�...� �° ., � � . . -��' `I/ ..f 4 ` �� v. . �� . 0 '." s , ' 0 ' C ,A �. r�k� � I,�.� Y In Ga +fr�.• ' }o�f �� q�� . . , ^� � " A.a � ��• • ir . � .�� . � ,'.`g . � � � 'f� � ?.� - � f f . � . ; i FRIDLEY CITY COIINCIL MEETING OF JANUARY 27. 1992 PAGE 5 5. RESOLUTION NO. 14-1992 AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR A LOCKE LAKE DAM LOAN. Mr. Flora, Public Works Director, stated that this resolufion is for a loan for the Locke Lake dam which Representative Simoneau assisted the City in obtaining. ,- MOTION by Councilman Schneider to adopt Resoluti�on No. 14-1992. � Seconded by Councilman Billings. �' j Mr. Burns, City Manager, stated that %the matching grant requirements will be satisfied mainly b��the loan, but the City needs to contribute an additional $15;;'000 from the Storm Water Fund. / , UPON A VOICE VOTE TAKEN ON THE �VE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. // 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY � CODE. CHAPTER 206. NTITLED "BUILDING CODE. " BY AMENDING SECTION 206. 03.2B �BY ADDING NEW PARAGRAPH "SURCHARGE ON RESIDENTIAL BUILD G PERMITS": ; . Ms. Dacy, Commun�y Development Director, stated that this ordinance amend�ent would allow a . $5.00 surcharge fee on residential bui�ding permits. She stated that this surcharge is permitted by e new State law requiring contractors to be licensed by the Stat rather than individual communities. She stated that the surch ge is intended for the City to recover its costs for license erification. MOTIO by Councilman Schneider to waive the reading and approve the ord'_ ance upon first reading. Seconded by Councilman Billings. U n a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. 7, RECEIVE THE MINUTES OF . THE PLANIivG COMMISSION MEETING OF JANUARY 8 , 1992• A. SPECIAL USE PERMIT, SP #91-15, BY ROLCHE PARTNERSHIP TO ALLOW " AN AUTOMOBILE PARKING LOT FOR OFF-STREET PARKING FOR ADJACENT USES ON LOTS 3-7 BLOCK 4 LYNDALE BUILDERa 6TH ADDITION GENERALLY LOCATED AT 910-950 LYNDE DRIVE N.E. : Ms. Dacy, Community Development Director, stated that this reques� is for a special use permit to allow the parking of cars on the adjacent property for the Hillwind Office Center. She stated that there is also a variance request to reduce setbacks. � Ms. Dacy stated that the Zoning Code does allow parking lots for � adjacent uses as a special use in the R-3 zoning district. She , t FRIDLEY CITY COIINCIL MEETING OF JANUARY 27 . 1992 PAGE 6 �, stated it is staff!s interpretation that the code intended that the parcel that is to provide the parking would be a vacant_parcel. and not a parcel already occupied by a principal use. She stated that in this case, the parking lot would be shared between the apartment . dwellers and the office tenants. Ms. Dacy stated that the Appeals Commission, in conjunction with this request for a special use permit, reviewed the variance requests and recommended denial of the variance along Lynde Drive and approval of the other variance requests. She stated that since the Appeals Commission meeting, a revised site plan has been submitted consistent with the recommendation of the Appeals Commission. She stated that the setback on Lynde Drive has been increased to 21.5 feet instead of 15 feet, and a one-way traffic pattern is proposed. She stated that the Planning Commission has reviewed the request and recommended approval on a 3 to 2 vote. Ms. Dacy stated that if Council wishes to approve this request staff is recommending certain stipulations. Councilman Schneider asked if this request is not approved, what alternatives there are for providing parking. Ms Dacy stated that the alternative would be other arrangements. She stated that the parking is needed because the realty business is conducting seminars. She felt that possibly the realtor could provide some van or car pooling to reduce the need for parking. Ms. Dacy stated there is no question that the parking provided at the apartment complex is below the current code reguirements, but when site inspections were conducted during the day only half the lot was full. Mr. Stinski, the petitioner, questioned why the special use permit was needed if he had an agreement with the apartment complex owner that he could park on his property. Mr. Herrick, City Attorney, stated the code states that a special use permit is required, and because the setbacks are not met, a variance is also required. He stated the intent that the parcel providing the parking be vacant property is correct, but the . ordinance does not state this explicitly. He stated that if Council approves the special use permit and variances, he would suggest that the two property owners enter into an agreement to share parking, and he would like to review this agreement. He stated that the agreement. should also address responsibility for maintenance. Councilman Schneider asked Mr. Stinski if he had a problem with any of the stipulations. .` ► r . � • FRIDLEY CITY COIINCIL MEETING OF JANUARY 27 . 1992 _ PAGE 7 /, Mr. Stinski stated. that he thought all he needed was permission from the apartment complex owner to park on this proper�y, but now finds he would have to install concrete curbing, provide a landscaping _and drainage plan, construct dumpster enclosures, submit a striping plan, and apply for and receive approval from the Rice Creek Watershed District. Councilman Schneider stated that if Mr. Stinski is in agreement with the stipulations, he would tend to favor approval of the request. He felt that �possibly the length of the parking stalls should be reduced in order to provide more green space to the north. Ms. Dacy stated that the original plan submitted provided parking stalls with an 18 foot depth and a 24 foot aisle width. She stated that through the Appeals Commission grocess, the petitioner was advised to submit a revised plan, and there was discussion on a one-way traffic pattern on the site. She stated that the petitioner has provided a revised plan, and if there is a one-way traffic pattern only an 18 foot wide aisle is needed. She stated that the ordinance provides that the parking stall can be 18 feet deep if it abuts a curb. . Councilwoman Jorgenson stated that there is a need for more parking in the area. She stated that she had no problem with the depth of the parking stalls abutting a curb being 18 feet, but signage should be provided to indicate a one-way traffic pattern. She stated she has some concern that there may be some vandalism in this parking lot. She stated that she would like to maintain a 25.5 foot setback. MOTION by Councilman Schneider to grant Special Use Permit, SP #91-15, with the following stipulations: (1) The petitioners shall submit a drainage plan to the Engineering Department for approval; (2) �ix inch concrete curbing shall be installed along the entire perime�er of the parking area; (3) A landscaping plan in compliance with the code shall be submitted and approved by staff. The plan shall include a three foot berm and trees 50 feet on center along Lynde Drive; (4) The petitioners sha11 construct dumpster enclosure.s for the apartment buildings; (5) The petitioners' shall submit a striping and signage plan for approval • by staff; (6) The petitioners shall apply for and receive approval from the Rice Creek .Watershed District; (7) Variance request, VAR, #91-35 shall be approved; and (8) a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the City staff's approval. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the , Planning Commission Meeting of January 8, 1992 . Seconded by 1 . t � , FRIDLEY CITY COIINCIL MEETING OF JANUARY 27 , 1992 PAGE 8 Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee �*` declared the motion carried unanimously. _ 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF DECEMBER 10, 1991: � A. VARIANCE RE UEST VAR 91-35 BY ROLCH� PARTNERSHIP TO RE CE THE FRONT YARD SETBACK FROM 35 FEET TO 21.5 FEET• TO DUCE THE SIDE YARD SETBACK FROM 10 FEET TO 5 FEET TO W THE CONSTRUCTION OF A PARKING LOT FOR AN ADJACENT US 'ON LOTS 3 THROUGH 7 �LOCK 4 , LYNDALE BUILDERS 6TH ADDIT� N, THE SAME BEING 910-950 LYNDE DRIVE N.E. : The Council discussed this variance request in onjunction with the request for the Special Use Permit for this arcel (Item 7-A) . MOTION by Councilman Schneider to grant Variance Request, VAR #91-35, to reduce the front ya setback from 35 feet to � 25.5 feet and to reduce the side ard setback from 10 feet to 5 feet, with the following stip ations: (1) The petitioners shall submit a drainage plan o the Engineering Department for approval; (2) Six inch conc te curbing shall be installed along the entire perimeter of t parking area; (3) A landscaping plan in compliance with the ode shall be submitted and approved by staff. The plan shall nclude a three foot berm and trees 50 feet on center along Lyn Drive; (4) The petitioners shall construct dumpster enclosu s for the apartment buildings; (5) The petitioners sha submit a striping and signage plan for approval by staff; (6) he petitioners shall apply for and receive approval from the Ri e Creek Watershed District; and (7) a signed copy of the lease or rental agreement between the owner of the apartment complex and the petitioners shall be submitted for the staff's appro l. Seconded by Councilwoman Jorgenson. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE RE UEST VAR #91-36 BY SIGNAGE SYSTEMS, FOR EMBERS RESTAURANT TO INCREASE �THE SIZE OF A FREE-STANDING SIGN FROM � 80 S4UARE FEET TO 120 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A NEW FREE-STANDING SIGN ON LOT 11. AUDITOR'S -SUBDIVISION NO 155 THE SAME BEING 5400 CENTRAL AVENUE .I�T:E. : Ms. Dacy, Community Development Directo�stated that this is a request from Embers Restaurant for a fiance to increase the size of a free standing sign from 80 are feet to 120 square feet. She stated that the sign cu ently on the property is 350-400 square feet and has been ' existence since 1959. Ms. Dacy stated t there are four tests which must be met in order to grant variance.. Staff has x�viewed these, and finds there are n nusual aspects of this property that would enable this parc to have a variance, as compared to other properties in the i diate area. She stated that while a 120 square foot sign r