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SP88-12 - � CITY OF FRIDLEY ? �Z 6431 UNIVERSITY A N.E. � FRIDLEY, MN 5543 SPECIAL�SE PERMIT SP � � (612)571-3450 SPECIAL USE P�RMIT FEE d`� �� - � RECE IFr � �"/� 7 y S F ��ID �� S�N �T� ��: �II� I�� s��Lr� crrY o�uNc� r��rnJc nA�: `� �j . PROPERTY INFORMATION �xoP�x� �nREss �`�'�� 4, /�+►. �3 . — L�AL DESCRIPrION: LOT E�� SLACK I� ZRACT/ADDIT ION ��tr'� �12�� C�:f � 1� t9,rv PRFSII�T ZONIIQG A�EAGE SPECIAL USE P�RMIT BEIlQG APPLIED FOR: /`-f�� L�._�'� i�,�+��; ,�'L '��– � ��rv I�t.�oc. , SF�I'ION OF THE O�DE: — * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FEE OWNER INFORMATION ��Q�c� S �Z_3�--3Z N� i.,:; �I,e.�T�' ��.� �_�,�-„��r e s i,�� xoc�E �� —9'3 �3 �r��s G/?7 " �•�rr�� e/ i�/ �✓ .�.�'y3 �.-� SIGNAZURE �� *o*e** Co r * *u r *s*r*; *F*e*0**r* �u�t*s�g� �o r�m�p�i c�r*t* p�r�c e�s�ir�g* * * * * PETITIONER INFORMATION < _ r�r� �a►��4 I� L . � �c ��so,�� x�oNE # ��,.- �'�� Fss ?��`� /t1',: (✓+.�� .. szcr�vxE 7 � � nA� � � 'r�,�— * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ��u�c �r�sszor�: �xiwID �� nA� c�z� oarrtc�: ��xa�m nr�r� n�� STIKJLATIONS: i � � The petitioner hereby wlderstands that: 1. The City will notify all residents and awners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. R�esponsi.bility for any defect in the proceedings resulti.ng from the failure to list the names and address of all residents and praperty aaners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, shaaing the follaaing: * North direction * Location of the proposed structure, and front and rear setbacks * Landscaping, if applicable * Street nan�s , _ �,-� ,; -.� "• � � , , ... . ; . 1. _ ... .. ,. , �, .t. s• . � . ._a �,. ' ., •�. � • 2D _ CITYOF FRIDLE,Y CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 August 25, 1988 Dear Property Owners: Enclosed you will find a copy of a public hearing notice regarding a special use permit application for an air conditioning and heating contractor office at 5973 — 3rd Street N.E. As you remember, a special use permit application was heard before Planning Commission for Orthodox Church of the Resurrection of Christ. This request has now become null and void due to a purchase agreement cancellation. As you can see from the public hearing notice, the new special use permit application will be heard before the Planning Commission on September 14, 1988. If you have any questions regarding this issue, please call. Sincerely, ��-� ��C��J/'c�� Jock Robertson Community Development Director JR dn � � � 2A PC�L IC HEAR IlVG BF�RE THE PLAI�II�t1NG QJMMZSSIDN Notice is hereby given that there will be a Public Hearing of the Planning Cca�mission of the City of Fridlc� at the QJNIl�IJN�'!'Y IDUCATIDN CENTER, 6085 - 7TH SI'REET N.E. on Wednesday, Septanber 14, 1988 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #88-12, by Dorald Dickison, per Section 205. 05.04 of the Fridley City Code, 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 - 3�7 Street N.E. Ar� and all persons desiring to be heard shall be given an opportunity at the above stated tune and place. DONALD BEIZOLD C�P,Il�N PLAI�II�tING QJMMZSSIDN Publish: August 31, 1988 Septenber 7, 1988 Ar� questions related to this it�n may be referred to the Fridley Community Develo�anent Department, 571-3450. . • sP ��ss—�2 36B Donald Dickison _J l .�¢ss p /ve 7 �p i oa� `� �'P!V� I �? �r /If.c� � /ifo� �"f. J'i __�' — � � ` °� �� O f\8''� � `�\ p; o- 3 p i��1 ` l�l . � i .o,S-, lii�;i .o ''� �. ..o..f izyos\M; � , n o W 3 � .ti ' ` � 29 t 2 � 29 e�' Z w 29 --- -'� � '' 2��' ' T �w p ; � � ze ��,� 3 '�� • z 8 3 �� : 2a��`� �� - --- �; � _ za � ,, � . H � ' -27 ¢ ` �=� �' 4 � � ,. I�'; 27��'� -�- - ' P; Z 6 �� S 1 � --- — :i � 5 i� ` ° E ✓` 1 z6 --2-5--- � 6 � \ -- -- � � 2 6 5 �,�� ;. v 6 ' �.�5 �91 ti ZS � ; j zs E�, � � � � �t j � . �y- " �� i � '� � .3`� � a �� : ` ¢ '�� 2� � `�-- -- ; Z ¢�'�L ' "' ` ` q Q 23 1�� —�---` . � '---- i � . � Zj � �J �,:� ! �Z --9 ---- 22 '� � , ---- �� Z ` , W � W (/Ob �_� 9 ,�p W Z/ 'i�fl /1��1� �� .• �� Yi � " "__ _J A � � �� . ! 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IfCfl� "'� R.I�rf� OS�) :t? i.'CR ►�Tl1 �i'�. 1 �� 1':tVl rTLI ��' I/FJl ��.t:�t[DII i�i N ��i''�� i! �1Y ! �3F ��•d a S �Z.�� Q✓� Vl�iO �1�rB� I�' � �// �7�. �� !iG'AI d�31.�.q ,;�� i/ •n� �. �� +rs�• s:xs � � r a�� a� s�. ;'f� t�'fj . � �� K . /!S �Iw IIN �TJ11 � • � " ia� � � !,�' �'� aY a �� ,'�'� !=��r=�� . . � �. .�• . . ��-.� ' I�� . ��d�� '�� ,��+� ' ,.... ,.... , .,.. • i�i��+��i��1�`+«';��►�,ir�i�� s:�� ;��; s••.-.��..��--- fl! ♦��♦ � ��•�♦�♦�•C~�•�•�♦�•�, �. ♦�� ,� . .�...........�.�.�.� + • � � �i�i�i ��'�' � ♦ � ♦��, �� .•.............,., �� -. ......�....... .............. � � �` ��, .. � `1� 1� I�I llll�i� .;. , ��•• � �MI��1�1�111�11�f�1J,1�1 �i�i��! 1��P�1�1 �1��I�f11�1�1��1�1�1�� 1 ��• / ,1,�111 1�1+�11 f111�1 '��i�i�i�i�i�i�i�i�i' ��i��11111./1.l1.11. !��, . . . ' j '; ///� � - � � / � � � �'� ,�, �. . � �,� � % ' � �� '� /�. ...., . �.o� �.�. � ' , �0�: �►�� / � `��' d'.�_� � . ; /�A O o:� �, . � � d�� ;.�',�,' � � � � ..- . �,�,� �� ' � � ; . A��' � �v a�� ;, � , . • . sP ��ss-�2 3DD Donald Dickison l29.0�� _ � _ �� . 1'. �xr5TIp4 �ut1,pU1G r i i . a � i _ — � � — i � . ,a 3360 sy' '�• — / � — �o. — / / / �/ � � i ♦ ._� , - i S ITE PLA N � � ZB Planning August 25, 1988 SP ��8-�2 Council Donald Dickison City Council Members Planning Commission Chair White Eagle Investment Franklin Hart 6177 Heather Circle N.E. 6000 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Dickison Willard Guimont ]321 - 26th Avenue N.W. 5980 - 3rd Street N.E. Minneapolis, MN 55112 Fridley, MN 55432 E. Norwood and B. Braithwaite Robert Williams 7412 Lyndale Avenue South 5945 - 2 1/2 Street N.E. Minneapolis, MN 55423 Fridley, MN 55432 Resident A1 Gabel 5974 - 3rd Street N.E. 5947 - 2 1/2 Street N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Ecker John Wolfe 5940 - 3rd Street N.E. 6007 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Hugh Churchill Frank Gabrelcik 5955 - 2 1/2 Street N.E. 5923 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Northwestern Bell Telephone Co. Ione and William Alasppa 5920 - 3rd Street N.E. 5925 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 John Kelly John Pawluk 3801 Crystal Lake Boulevard 5931 - 3rd Street N.E. Minneapolis, MN 55422 Fridley, MN 55432 John Rasmussen 8855 - 230th Street E. Lakeville, MN 55044 John Rasmussen 5955 - 3rd Street N.E. Fridley, MN 55432 ' Resident 5965 - 3rd Street N.E. Fridley, MN 55432 � Lawrence Muggli 11796 Able Street N.E. Blaine, MN 55434 � � I� City of Fridley PUBLIC HEARING BEFORE TNE PLANNWG COMMISSION Notice is hereby given that there �vill be a Public Near�ng of the Plan- ning Commission of the City ot Fridley at the COMMUNITY EDU- CATION CENTER, 6085 - 7�h tember 1aN1988 at 7V30 p.maforsth P��eOf' ial Use Consideration of a Spec' Permit, SP 88-12, by Donald Dickison, per Section 2�5.05.04 ot the FridleY City Code,to allow an air conditioning,heating and elec- trical contractor otf�ce in an S-1, Hyde Park Neighborhood, zoning district on Lots 2'7 and ZS,B�ock 12, Hyde Park,the same being 5973- 3rd Street N.E. Any and all person desiring to be heard shall be g�ven an opportundy at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Any questions related to this item may be referred to the Fridley Community Development Depart- ment,571-3450. (Published in Fridley Focus Aug- ust 31&September 7,1968> . , �.. , , � �MMEI�CIAL — INDUST�L PURCHASE AGREEMEN 1' FORM APPHOVE[l 9Y GREATEF MINNFAPOLJS AHFA BOARD OF REALTOHS• - (DfG t9H5) ' REALTOR� � --�'�1-n�� l'S , MN, — u- �, 19� RF,CEIVF.I� OF _��nU��•, � ;c��_y�� the sum of �n� �-Ij�u�.�,�—�,Ly�._�10�j��e�5 — ($ l, X !��'_� ) DOLLARS C��'� _ as earnest money and in part pa,yment for the purchase of property 1�hrt�k.('aa or Nntr—Rlnlr Whi<•hl . at 5`j7_3 ��j-�,��"�,��. j=�;�.1��%,/ situated in the County of ,r'_��F� , State of Minnesota, and legally described as follows, to-wit: �n� �7 ��.� �S' j �/e��t� l� l�y c�� Ptrk /��►-. all of whic ' r h property the unders��,ned has this day sold to the buyer for the sum of: S�,1' 7v - �i �'�. T�O li 5 cr� .� a►tic�n'c� /C�s ($ �!�J.L�C`�C�� ) DOLLARS, which th buyer agrees to pay in the followin�; manner: Earnest money herein paid $ ��, � and $ �� E'�"�� _, cash, on �-'Y.)7��m�DFr �R, 1 gL�� the date of closing. � ' ��U,t>�a.C� �� Cch�"n,tr7 -�'pr ��rc,� �/�'1;nn�sp�� nl-�c��w� �3Jnnk� t%e/w`e�� S�/��'v� ct�'le'.� bk Pr p�y�b>� y� �� r��ll��fs o� `�53'S.�� er y�,,��i,a� :�►��•e �f �J,� c��,'«, �� buy�r, ��C lc�l; ;ti�rCs-f Q� �'�r �fe � f /o� �r un•,k� ��c uf� �.f�i at u u;�/ � / �/ � J / �/� ./ p � ��'hCS� S�Q�/ r�111 �"G'•'►1 � r � � � � MC'N.� S{'14/1 J� Llt(c� Cl►'ltr� f3cl�4kcf-'� �t � �q o c oS,�y. ��s ��/ �-�y�'(,�J� D�1.��t' !�"� G�Q d/� ��27JNh.,�j rr � �:� l�C�( 1 Sl'lCCP�'Ct�+ �Y +� l�► `1a�( � } y, `' , , � �^y �'� �'t n, S �c u� ut�¢� �i�/�C�(E �k �� t�la �1` N�cC� GI�,��UPr� �✓lenlii �1PY�'7�7�'�v; ��l �nPi�� S/�Q�� N� � (� Y j Y ' f�- � � �rs t 1 /'rt' � � �1�C c� �J' � �l�f ST ci►tic� /"�r►1ct�v��'►^ �� . �h�v�C� ct I, l l' C�\�ir t �,�Ia a��r � �� G �t � �: s ! � c u� �wr-� i � r c�,� � , �e b 1 c �le'� �� 1 _ �� c� J'� Y4:��' /l.o /a�rr �"��► D er►t , 9 3r L , � � i!t+� ��"��6w�.��',_=5 . ��'• (,'k,f � '1 '�l./-�er ,�ecl'�cJ�_ a Snc'ci4��st' l�1fb'� �;�j�"a:'�l �ub�ec��o�erforma�`i•�by the t�rii"i�r th sre11P��e ��X c"�� %'�G^en.�4� �}l( C�PwC�'�" /41h11r'�j �(/'�� 1l"K�uY'K�<� . Y f, E i�t� ancl ile.li�cr�� Warranty I�eed conveying marketable title to said premises suhject nnl,y to the foliowin�exceptions: (a)�13uildin�and zonin�laws,ordinances,State tind I�'ederal �•e�;ulaLiuns. (b) Restrictinns relatin�;to use or improvemenL of premises withoul effective forfeiture provisinn. (c) Reservation of any minerals or minerul ri�;hts to the Slti�e uf Minnesola. (d) Utility and draina�;e easements which do n�it interfere with present impruvements. (e) RIGHTS OI�TEgN��ANTS AS I��(�l,l,OWS: � Ruyer shall pay Y17;LYL�(S�_ti3�f the real etitate taxeti and intilallments of speci�il astieti5ment::�ue and payable in ��`� znd all such taaes and inst��llments of speciel asse5smenLs when ciue in subsequenL ye�rs. Seller shall pay �of the real estale taxes,and installments of special asses5ment�due and payable in �� o.,i1 nll ..,..L, fn..n�......] ,.,..f.,Il...,...t....C....,......1 ...................4...... .......�...._,_.. � � i + 2� August 3, 1988 CITY OF FRIDLEY To Whom It Ma.y Concern: Re: Property located at 5973 3d St. , N.E. , Fridley Lots 27 and 28, Block 12 Hyde Park Addition This is to advise you that the purchase agreement that had existed between White Eagle Investment and the Orthodox Church of the Resurrection of Christ has become null and void and that we respectfully request that you deny their application for special use permit and any variances. Sincerely, ./ �� nald D. Gazda Partner White Eagle Investment Company 6177 Heather Circle Fridley, MN 55432 cc: Dr. Nick Kropchak Fridley Medical Clinic Y � • � r � : � �► , c�nroF FRiDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 August 23, 1988 Dornld Dickison 1321 - 26th Ave.nue N.W. N�w Brighton, N?�I 55112 RE: Variar�ce, VAR #88-22, S�ecial Use Pernnit, SP #88-12, at 5973 - 3rd Street N.E. D�r Mr. Dickison: Enclosed you will fir�d a pro�osed landscape plan for the abwe referenced prnperiy. Landscape improvanents will be required as gart of your zoning pennit requests. Fl�.se review the attached plan. If you have any questions or concerns, please contact either myself or rlichele McPherson at 571-3450. Thank you for working with the City of Fridl�. Sincerely, Kathlyn Castle Planning Assistant KC/dn C�88-412 � • . • i 1 �' • l29.D�� — -- — — . .�� , 1 � � - -��--f r ' �1(lSTIbG �ut�.Dl11G . .,�'� . . � � f _ —�_ _ ___, — ' � � . . o ' /c�, � � U � �4 L � . • V/�i-�L�{.- T:1 i�/--<' � ' ,` ,r� 1• " �? ��' � � ��. tf-L" /\ .,�✓` V J � .l��.r ) � l-�J T7�r/�` W�Nf-�i Y `'�� .J �!`�•j �_ �� '�� ; �� - � ' i/ / �O 3360 sy' ' '�• : / / /�� / � � / . / ` � F.�.GC- vr�L�( V��✓ �t�;�sic-� Z' � `� B�C.1� (--(�JL:�rY - � . ,�t-�1--,�rr,c� ►��C-i-,�.t`.! :- .. � � • � � ' _,�/ ' : � ' / 1}� _� � . '• , � � 3EE � .a� e1 ..f _ CI�iYOF FIZ[DLE.Y CIV[C CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 September 20, 1988 Donald Dickison 1321 - 26th Avenue N.W. New Brighton, MN 55112 RE: Special Use Permit, SP ��88-12 Dear Mr. Dickison: Enclosed you will find the minutes regarding previous special use permits for your site at 5973 - 3rd Street N.E. If you have any further questions, please contact either myself or Darrel Clark at 571-3450. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-471 . �Viarquette Bank �� 1 Co umbia Heights 5250 Central Avenue N.E. Minneapolis, MN 55421 (612)574-9400 October 6, 1988 iRR�VOCABLE LETTER OF CREDIT Letter of Credit No. 162 BEVEFICIARY: City of Fridley Civic Center 6431 University Avenue N.E. Fridley , I�N 55432 Attention : Kathlyn Castle Dear �hs. Cast le: �'or the account of Donald L. Dickison, 1321 26th Avenue V.W. New Brighton , tQN 55112 , we hereby authorize you to draw on us at sight up to the aggregate amount of Four Hundred Thirty and No/100 Dollars (��30.00) . s Drafts drawn on this credit must specify the number of the credit and must bear the clause: "Drawn under A1larquette �ank Columbia Heights Letter of Credit Number 162 dated October 6, 198�" . This c�edit must be negotiated no later than October 6, 1989. Drafts drawn on this credit must be accompanied by a Beneficiary ' s signed statement certifying that invoices presented to the City of F-ridley remain past due and unpaid 30 days from invoice date. Copy(ies) of such past due and unpaid invoices(s) must accompany each drawing. This credit is subject to the Uniforrn Customer and Practice for pocumentary Credits (1963 Revision) , International Chamber of Commerce Brochure No. 400 . ti9e hereby agree with the drawer, endorser, and bonifide holders of drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored on due presentation to the drawee . nce ly , Larr . Pietrzak� Senior Vice President LEP/na 11A August 31, 1989 City Of Fridley Civic Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Michele �IcPherson Reference: Custom Mechanical Inc, 5973 3rd Street N.E. Fridley, Minnesota 55432 . Special Use permit , SP88-12 & Variance VAR #88-22. I wish to apply for extension on the curbin�, parking lot , landscaping, removal of bollards until September 1 , 1990. Sincerely, �� Donald L. Dickison 1321 26th Avenue N.W. New Brighton , l�iinnesota 55112 (612) 636-3100 � C011/1MUNITY DEVELOPMENT' � I�EPARTMENT' cinroF F�D1-� MEMORAN D UM DATE: September 13, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Extension of Deadlines for Outside Improvements by Donald Dickison as Stipulated by SP #88-12 and VAR #88-22 Attached is the request by Donald Dickison for an extension of the completion dates for the outside improvements located at 5973 - 3rd Street N.E. Mr. Dickison is requesting a one year extension until September 1, 1990 to complete the curbing, parking, lot improvements and landscaping as stipulated by SP #88-12 and VAR #88-22 . These improvements were to have been completed by September l, 1989. Sections 205. 05. 04.G and 205. 05. 05.G requires the City Council to grant such an extension. Staff recommends that the City Council grant Mr. Dickison's extension with the stipulation that he also extend his letter of credit until September 1, 1990. MM/dn M-89-556 � _ CITY OF FRI DLEY FRIDLEY MUNICIPAL CENTER •6�31 UNIVERSITY AVE. N.E.FRIDLEY. MN 55432 •(612)571-3450•FAX (61?1 571-1?87 September 21, 1989 Donald Dickison 1321 - 26th Avenue N.W. New Brighton, MN 55112 Dear Mr. Dickison: This is to inform you that on September 18, 1989 the City Council officially approved your request for an extension to September 1 , 1990 for completion of outside improvements at your site located at 5973 - 3rd Street N.E. , Fridley. These improvements include the installation of curbing, landscaping, parking lot resurfacing, and the removal of bollards. One stipulation for this extension is that you extend your letter of credit to the City of Fridley until September 1, 1991. Please respond by sending me a letter of extension for the letter of credit. Thank you for your prompt attention. Sincerely, Michele McPherson, B.L.A. Planning Assistant MM/dn C-89-606 � � � 3S � STAFF REPORT APPEALS DATE - August 30, �9ss C��QF PLANNING COMMISSION DATE - september 14, 1988 FR!DLEY CITY COUNCIL DATE - september 26, �9as REQUEST PERMIT NUMBER va�t 4�ss-22 APPLICANT Donald Dickison PROPOSED REQUEST Because the building has lost legal non-conforming status, variances are needed to use the building for an air LOCATION conditioning/heating/electrical contracting repair business 5973 - 3rd Street N.E. SITE DATA $�ZE 10,324 square feet DENSITY 22� lot coverage PRESENT ZONING S-1 , Hyde Park Neighborhood ADJACENT LAND USES North, S-l , Hyde Park Neighborhood; south, S-1 , Hyde Park Neighborhood; east, C-2, General Business; west, S-1 , Hyde Park Neighborhood PARK DEDICATIDN N/A ANALYSIS FINANCIAL IMPLlCATIONS N/A CONFORMANCE TO Proposed use is not compatible with the purpose of the ADOPTED LAND USE Hyde Park zoning district. COMPATIBILITY WITH Same ADJACENT USES 8► SERVICES ENVIRONMENTAL Traffic demand, noise. CONSIDERATlONS STAFF RECOMMENDATION see staff �emo. APPEALS RECOMMENDATION Approved four of the five variance requests. PLANNING COMMISSION Approval. RECOMMENDATION • � 3FF Donald Dickison SP ��88-12 Stipulations l . The special use permit run with this business only, and if the property is sold, the special use permit would expire. I i � , COM SION APPLICATIO REVIEW � p�p a r t m�nt Numbe� F i l e D ats Msetln� Date C'�� Planning 39 8/4/88 9/ 14/88 FRlDLEY File Addr�ss��scriptlon SP ��88_12 COMPLETE REVIEW CHECKLIST Allow air condition, heating and electrical contractor office in S-1 , Hyde Park Neighbor bod. RETURN TO PLANNING .f�,�� ; COMMENTS .�. � � _�. �/,, , � � � �� , , 1� I.i `��I,�LC_ C � � ��.°t�,_,(.�14:c ��-L't Gcrb''I.. t—• �` ��`--- �,��l:;z`_.�:; , i�;�.� � . ��J OH111 . , ' � ,f/��V�� r�� _' �:� �y'.✓� /�r�� . �� / _ r �, :, .�, ,/. .� -,�- �,, �'�: , ��,t r-- , , ,� � �,. ARREL f` � � �`� �� CLYDE - MARK [� LEON [�] KATHY I - - -- - - . � � � � PT�INNING COr'II�'iISSION MEETINGr SEPTII�'IBII2 14� 1988 PAGE 9 their property on the retaining wall. She stated th�ey arer.-��trying to simplify this mistake rather than taking daan the re g wall, fences, etc. MOTION by Ms. Sherek, seconded by Mr. Saba, recomnend to City Council approval of Lot Split, L.S. #88-04, by anley and Phyllis Prokopaaicz, to correct a certificate of survey done 'n 1969 in relation to the lot line between Lot 1, Block 2, Marian s Second Addition and Lot 2, Block 2, Marian F-iills Second Addition enerally located at 1350 - 52nd Avenue N.E. and 1340 - 52nd Avenue N . , with the following stipulation: A division/ combination form be ed by the fee awner and returned to the City by Dec. 2, 1988. UPON A VO VOTE, ALL VOTING AYE, VICE-CHAIRPERSUN KOI�IDRICK DDCLARF� THE MOT IO IID LJI�IANIMOUSLY. Mr. Kondrick stated this item will go to City Council on September 26. 3, CONSIDERATION OF A SPDCIAL USE PF�MIT, SP #88-12, BY DIX�LD DICKISON; Per Section 205.05.04 af the Fridley City Code to allaw an air conditioning, heating and electrical contractor office in an S-1, Hyde Park Neighborhood zoning district on Lots 27 and 28, Block 12, I�yde Park, the same being 5973 - 3rd Street N.E. MOTION by Ms. Sherek, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIPE�2SON KOI�IDRICK DDCZ,ARID THE PUBLIC HEARING OPEN AT 9z05 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-1, 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 sorr�e landscaping to provide scrre screening for the parking area. I�1s. 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 cor�rcial uses in 1985 and 1985. The 1985 permit was passed with four stipulations concerning site improv�nents. Due to extenuating circ�m�stances, the petitioner never used the special use permit and never o��leted the stipulations. Ms. Castle stated r1r. Dickison's business will have a minimal effect on the surrounding conmunity. His office will e.�nploy appr�imately two people with the hope of adding two to three more e,�loyees in a yeax. Due to the nature of the business, no retail activity will occur so there will be no custamEr traffic. Repairs are done off-site. Ms. Castle stated staff is recc��ending denial because this use does not co�ly with the intent of the Hyde Park, special zoning, area. Denial is based on Section 205.04,03E which states: "whenever a lawful nonconforming use of a structure is abandoned for a period of 12 months, any future use of + � � � PLANNING CQNY�'lISSION P�EI'ING, SEP'I'II`SBg2 14, 1988 PAGE 10 � said structure or land shall be in conformity with the provisions of this Chapter." Ms. Castle stated the petitioner went before the Appeals Conmission on August 30 for some associated variances. The Appeals Comnission reco�nded approval of four variances and denial of one variance contingent upon nine ! stipulations. Mr. Robertson stated that even though the S-1 zoning does not specify any uses with a special use permit, the is�lication of the zoning is that it is to be treated siinilar to R-1 zoning, and in an R-1 zone, there are other uses that are allawed with a special use pezmit; 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 Av�enue--c�rcial or residential. Mr. Dahlberq asked if the possibility of rezoning this particular parcel of property had been a�nsidered by city staff to make it at�prapriate for the wrgrercial use. Mr. Robertson stated the staff has not considered that possibility. They are still going with the policy direction of an S-1 district. There is ar� addi- tional problem in that they could not rezone just one piece of land; they would have to rezone a strip or a riode of some sort. Councilmem'�er Steve Billings stated that regarding Mr. Dahlberg's question about rezoning, at the time the area was zoned S-1, oonsideration was given to whether or not the block iim�ediately adjacent to University Avenue should be S-1 or ccnurercial. The thought process was that rezoning is not short tertn, but essentially is forever, and that at some point in time the existing comnercial would, for whatever reason, stap being used as car��rcial and would then revert to the S-1 zone which requires single family housing. Three of the Council �ers on the City Council at the time the S-1 zoning unanirrously passed are presently on the City Council. Unless one of thase three would be changing his/her view�oint fran what it was 5 years ago, he felt the odds of a rezoning to cc�iercial passing at this time were veiy slim. Mr. Dahlberg stated the reason he raised the rezoning issue is because this particular parcel will likely never be a residence. Are they encouraging occupancy of vacant praperties in the City or are they trying to discourage it by allowing archaic planrLing rec�ndations that might have been made years ago because it se�ned like a good idea at the time? Ms. 5herek stated she would rather see the property occupied by a responsible business cxvner rather than sitting vaeant and an eyesore the way it is nc7w. These vacant buildings just becane a nuisance, and there are others around the City. Mr. Barna stated he had a problem with this whole pmcedure. He was involved in the S-1 zoning procedure as a menber of the Appeals Conmission, and he attended quite a few of the neighborhood meetings, and there was an intent for this area to be residential only 8 years ago. Nc�w the Planning Ccmirussion is being asked to issue a special use permit, which is very logical for that . � � • PLANNING CCfM'IISSION ME�TING, SEPTII�IBII2 14, 1988 PAGE 11 site and that building, but not for an S-1 zoning district, because they are being asked to issue a special use permit to run a co�cc�tie�ial business in an R-1 zoning area. He could not vote in fawr of issuing a special use permit for a oorrmercial business on this lot. Mr. Dahlberg stated he agreed with Mr. Barna. As far as the zoning was con- cerned, it is not appropriate to issue a special use permit for this zoning. , That is why he had suggested rezoning this parcel to make the pa�el appropriate and the building on that parcel appropriats for a co�rercial use, unless they tear dawn the building and have a vacant site that is available for residential. He thought this property should not be zoned S-1, and it is unfortunate that it is zoned S-1, but he also agreed i.t should not be given a special use peiZnit under the S-1 zoning. He did think it was appro- priate that the building be used for this or another ca��ercial puri�ose. He stated this is a very difficult decision to make. r2r. Dick�son stated a precedent has been set because two special use permits were granted for this property in the past, He stated he either has to get into this building or he will have to go sariewhere else. The building is set up to be used as a commrcial building. He would like to go in on this site and fix it up so it looks good. MOTION by P�r. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VO'I'E, ALL VOTING AYE, VICE-�HAIRPERSON KONDRICK DDCLAItID TI-TE PUBLIC HEARING CLOSID AT 9:35 P.M. MOTION by Ms. Sherek, seconded by Mr. Saba, to recomnend to City Council approval of S�ecial L'se Permit, SP #8$-12, by Donald Dickison, per Section 205.05.04 of the �idley City Code tr� 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 stipulation that the special use permit run with this business only, and if the property is sold, the special use permit will expire. UPON A VOICE VOTE, KOI�IDRICK, SHEREK, SABA, DAI-�BERG VOTING AYE, BFIRNA VdI'ING NAY, VICE-CHAIRPERSON KOI�IDRICK DDQ.�FtID THE MOTION CARFtIID BY A VOTE OF 4-1. MOTION by Mr. DaY��lberg, seconded by Mr. Barna, to recoirmend to the City Council that consideration be given that the parcel of property at 5973 - 3rd Street N.E. be rezoned by the City, not by the awner of the property, to an appropriate zoning so a ccamiercial business (C-1) can continue to stay in this location. Mr. Saba stated maybe there is another option here. r�iaybe they should rec 'ze that this area and the other c�rcial businesses along University °gr� , Avenue in the S-1 District are going to be like that for scene time, and maybe the City should look at the possibility of modifying the S-1 zoning to allaw a wider range of special use permits than are allowed in the R-1 zoning. _ -_ __ _ _ - - -- � . • • PLANNING CQNA4ISSION MEErING, SEP'I'II�iBII� 14, 1988 PAGE 12 MC7I'ION TO �ID by Mr. Dahlben�, seconded by Mr. Barna, to reconmend to the City Council at they consider rezoning and/or modifying the S-1, Hyde Park Neighborhood Zoning distric� to permit a wider range of special use perniits than are allowed in an R-1 district. UPON A VOICE VOTE, ALL VOTING AYE� �TIC'E-CHAIRPII2.SON KOI�IDRICK DF�I�IIRID THE AMII�IDID r102ION CARRIID UNANIPICLTCiLY. 4. RDCEIVE AUGUST l, 1988� PARKS & RDCRFATION CONA4ISSION MINLITES: MOTION by I�Zr. Dahlberg, seconded by Mr. Saba, to receive the August�1988, Parks & Recreation Comnission mirrutes. UPON A VOICE VO'I'E, AI�L VDTING AYE, VICE-CHAIRPERSON KOI�IDRICK D L� THE MOTION CARRIID UNANIMOUSZY. �,: 5. RECEIVE AUGUST 4, 1988, HUMAN FtESOURCES CCi�7NIISSION P�IN[JTE� _ � MOTION by Ms. Sherek, seconded by Mr. Barna, to receiv� the August 4, 1988, Human Resources Ccermission minutes. � UPON A VOICE VO'I'E, ALL VOTING AYE, VICE-CHAIRP KOI�IDRICK DDCI,ARID THE MOTION CARRIID UNANIMOiJSLY, 6. RDCEIVE AUGUS'I' 11, 1988, HOUSING & RIDE�TEIfJ AUTI-iORITY MINUTES: MOTION by N1r. Saba, seconded by Ms. Sher , to receive the August 11, 1988, Housing & Redevelopment Authority minu s. UPON A VOICE VO'I'E, ALL VO'I'ING AYE, CE-CHAIRPERSON KOI�IDRICK DDCLP,FtED THE P�IOT ION CARRIID LTNANIMOU SLY. 7. RE�EIVE AUGUST 30, 1988, APP CCNIl`4ISSION MINUTES: MOTION by Mr. Barna, second� by Mr. Dahlberg, to receive the August 30, 1988, Appeals Conmission minutes UPON A VOICE VO'PE, ALL ING AYE, VICE-CHAIRPER.SON KOI�IDRICK DDCI,ARID THE MOTION CARRIID UNANII� SLY. 8. O'I'HII� &JSINESS: a. New Staff rt Mr. Dah rg stated he would like to cca�n�end staff on the new Staff Report at is naw included with each agenda it�n. It is a great idea, and it certainly helped simplify the things the Comnission m�ibers are looking at and helped them in their decisions. . Rabertson stated Kathy Castle is the author of this new Staff �Report. ( � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 5 � to be checked by a doctor because of inedications they may be given. Councilman Schneider asked why the police were involved. Ms. Wright stated it may be due to the fact the client does not want to be checked or because Community Options only has single coverage at the facility. Councilman Billings asked if the City staff checked with Anoka County to verify that Community Options is in compliance with their contract. Mr. Robertson stated staff has checked with the County and Community Options is in compliance. Mr. Haechrel, 5367 5th Street, stated Ms. Wright has abridged her contract by accepting people who are taking the cure ' for alcoholism and who are chemically dependent. Mr. Haechrel stated there are also vehicles parked at this facility in violation of the number restricted in the special use permit. He also submitted a photograph of a resident of C4mmunity Options on the roof of the facility and felt the residents were no� properly supervised. Councilman Billings stated the Council;'voted against this special use permit, but was ordered by the District Court to issue the permit. He stated Anoka County has stated there is no violation of their contract. Councilman Billings stated as far as the vehicles, there is no way to know if these belong to the residents or visitors. Mrs. Vasecka, 5427 4th Street, stated Community Options should have contacted the City when their permit was to be reviewed. Councilman Fitzpatrick stated a new permit was not issued and the original special use permit remains in force. He pointed out the stipulation was only for an annual review for the first two years after the permit was issued. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:50 p.m. NEW BUSINESS• 2 . CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1989: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Councilman Schneider stated when the Council reviewed the Capital Improvement Plan, the Utility Fund in 1989 and 1990 provided for a water study and funds for additional wells to serve the City, as well as stabilize the level of Moore Lake. Mr. Qureshi, City Manager, stated this information was for planning purposes and any expenditures would be presented to the Council for their approval. , UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee _ � ; FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Page 6 " declared th� motion 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-l. HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28 , BLOCK 12 . HYDE PARK, THE SAME BEING 5973 3RD STREET N.E. . BY DONALD DICKISON• 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 which 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 permits 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. Mr. Qureshi, City Manager, stated the intent was to convert this area to residential. He stated if, however, the use of the 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 for 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 , "{ FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 Paqe 7 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. Fie stated this was a complete surprise to them. Councilman Billings asked Mr. Dickison if he would agree 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 indicated it was permissible. He pointed out that this was previously a commercial use and there are other commercial uses in the area. 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 question 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 t: � � FRIDLEY CITY COUNCZL MEETING OF SEPTEMBER 26. 1988 Paqe 8 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. Herrick stated the market value for a single family home on 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 1, 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 rebuilt. He stated he does agree it is an eyesore. Councilwoman Jorgenson stated under the S-1 zone, the property would have reverted to R-1, if the structure had been destroyed. 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 TAKEN 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 CORNE"R OF LOT 2 . BLOCK 2 . MARIAN HILIS SECOND ADUITION TO BE COMBINED WITH THE PROPERTY TO THE EAST, LOT l. BLOCK 2 , MARIAN HILLS SECfJND ADDITION. ALL TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1969 jGENERALLY LOCATED A� 1350 52ND AVENUE AND 1340 52ND AVENUE, BY S�'�iNLEY AND PHYLLIS PROKOPOWICZ) : MOTION by Councilman B�llings to adopt Resolution No. 83-1988. Seconded by Councilman Schneide�`: Upon a voice vote, all voting aye, Mayor Nee declared the motion carri,e�3 unanimously. C. CONSIDERATION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT ,. IN THE CITY OF FRIDLEY: � DLEY TY COIINCIL ETZNG OF BPTSI�IIBSR 8 98 ` P►GE 9 MOTION by Councilman Billings to qra riance request, VAR #89- 20, with the followinq stipula ' s: (1) the petitioner shall submit a landscape plan staff approval ; and (2) a six foot screening fence shal constructed along the rear property line. Seconded by Co ' man Fitzpatrick. Upon a voice vote, all votinq , ee declared the motion carried unanimously. / 11. CONSIDERATION OF A REQUEST BY DONALD DICKISON OF CUSTOMER �fECHANICAL TO EXTEND THE ZNSTALLATION DATES OF OUTSIDE �MPROVEMENTS AS STIPULATED BY SP #88-12 AND VAR �k88-22: Ms. Dacy, Planning Coordinator, stated a request has been received by Mr. Dickison to extend the completion dates for outside improvements for the property at 5973 3rd Street. She stated Mr. Dickison is requesting a one year extension to September 1, 1990 to complete the curbing, parking lot improvements, and landscaping as stipulated in his special use permit and variance. She stated due to financial constraints, Mr. Dickison has not been able to complete these improvements. Ms. Dacy stated staff is recommending extension of the completion date subject to the letter of credit also being extended until September 1, 1990. MOTION by Councilman Billings to extend the completion dates for improvements under SP �88-12 and VAR #88-22 for one year or until September 1, 1990, subject to the letter of credit being extended to September 1, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF AUGUST 17, 1989: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of August 17, 1989. S�e�oi�►ded by Councilwoman Jorgenson. Upon a voice vote, all vot ' g aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF CHANGE ORDER NO. OR STREET ZMPROVEMEN �ROJECT NO. ST. 1989 - 1 & 2: This item was deleted from the nda. 14. ONSIDERATZON OF GE ORDER O. 3 FOR I Y ICIPA ENTER IMPROVE T PROJECT NO. 89: 1rlr. Flora, Pub c Works Director, stated this chanqe order consists of three pr osal requests and three work orders for the Municipal Center t aling $3,637. He stated it also amends Proposal Request No. 5 , for the employees restrooms to include additional hardware - - �R2DLEY CITY COIIIdCIL ItBETZNG OF SBPTEKBER 18, 1989 P�GE 10 and three contract amendments for netal lockers for the Police � Department, a change in suppliers and a contract amendment for a deduction in finishing. He stated the total amount of this change order is $8,896.00. I�OTION by Councilman Schneider to authorize Chanqe Order No. 13 for the Fridley Municipal Center Zmprovement Project No. 189. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. 15. ONSIDERATION O CHANGE ORDER O. OR CONTRACT F R ECHNICA SYSTEM FOR THE FRIDLEY MUNICIPAL CENTER: Mr. Flora, Public Works Director, stated this ch ge order is for the speakers and screen in the Council Chambe for a total of $1, 051. 17. MOTION by Councilman Schneider to authorize C ange Order No. 4 with Electrosonic Systems, Inc. for the Technica System for the Fridley Municipal Center in the amount of $1,051. 17. Seconded by Councilwoman Jorgenson. Upon a voice vo e, all voting aye, Mayor Nee declared the motion carried unanimo sly. 16. ESOLUTION O. 80-1989 CERTI ING "PROPOSED" TAX LEVY UIREMENTS OR 990 TO THE C NTY OF ANOKA FOR COLLECTION: AND CONSIDERATION OF SETTING BL C EARING OR 990 UDGET PROPERTY TAX LEVY: Mr. Pribyl, Finance Director, tated in June, 1989, the Department of Revenue issued guidelines to cities to aid in complying with the truth in taxation requir ments. He stated per the guidelines, the City is required to cer ify to the County Auditor the proposed property tax levy by Oct er l, 1989. He stated the resolution before the Council certi ies the maximum levy possible and must be submitted to the County y October l, 1989. He stated this is only a proposed levy, howe er, the levy cannot be raised beyond this limit. Mr. Pribyl stated at this time, all the information is not available to dete ine the affects of the levy on the taxpayers or what may happen ould a special legislative session be called. Councilman Bil ings stated if the Legislature decides to cut local qovernment a' and raises the levy limits to compensate for the cuts, he qu tioned where this would leave the City if the maximum levy limit was already certified to the County. Mr. Pri 1 felt the Legislature would allow the City to raise the levy 1 'mits. He stated he would hope if there is a cut in local qove ent aid, the Legislature has the wisdom to review the ove all impact to the taxing jurisdictions and raise the levy � _ _ CITYOF FIZtDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 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 $1.00 per year as long as the business is in operation at this site. 3. Landscaping to be installed as per plan by September 1, 1989. 4. A performance bond or letter of credit for.three percent of the construction value be given to the City prior to issuance of the building permit. 5. Parking demand shall not exceed nine spaces unless additional spaces are provided. 6. Install six inch concrete curbing around the entire perimeter . of the parking lot including driveway opening by September 1, 1989. 7. Parking lot to be sealcoated and striped, nine spaces, by September 1, 1989. 8. Bollards are to be removed upon installation of landscaping. � Donald Dickison SUP #88-12 Page 2 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, ��JC�IG � John L. Robertson Community Development Director JLR/in Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by October 17, 1988. � /� � eryti�-�[s� 2��- Concur with action taken. �e../ ..�•r_ � �'• ' �= x""— - - w ` 8323(�� STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY - . In the Matter of a Special Use Permit, SP ��88-12 " �' SPECIAL USE PERMIT , � . _ _�� Donald Dickison � , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of Sentember , 19�$—, on a petition for a special use permit pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: 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. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Nine stipulations. See City Council minutes of September 26, 1988. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 transeript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at he City of Fridley, Minnesota, in County of Anoka on the �/L � day of - �r'►}-�-�.� -�, 19_�. DRAFTED BY: City of Fridley ' 6431 University Avenue N.E. Fridley, l�i 55432 � ;•4 L-/. C� G� Ce��1 �. �L� � � ,r •,�' ''k a � SHIRLEY A. APALA, CITY ERIC ��F> .:'�` '; . . ` y `�;p�. a i y, . . . 7 ` (SEAL) � : : �., : , � � �~' . , � - �- FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 Page 6 __---�______.-- __ declared rrie unanimously.�� 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMB�,x 14. 1988• A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-12, �O ALLOW AN AIR CONDITIONING, HEATING AND �LECTRICAL CONTRACTOR OFFICE IN AN S-1, HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28 BLOCK 12 HYDE PARK THE SAME $EING 5973 3RD STREET N.E. . BY DONALD DICKISON• 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 which 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 on�-- and, if the property is sold, the special use permit will expire. He stat. . 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 permits 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-conforminq status and revert to R-1. Councilman Fit - z atrick stated the u ose of ad p p rp opting this S 1 zone was to ultimately work towards R-1 zoning in this area. Mr. Qureshi, City Manager, stated the intent was to convert this area to residential. He stated if, however, the use of the 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 t community. He felt even though it was vacant for 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 I �� ,. , � � �RIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 Paqe 7 - �mes, 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 agree 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 :ating 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 estion is if a s ec' ial use ermit ' s �N p p i permissible in this zoning district. He stated, frankly, he did not research this question, but believed someone from his office indicated it was permissible. He pointed out that this was previously a commercial use and there are other commercial uses in the area. 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 question 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. . Dickison stated he would make substantial improvements to the property ; .,�er 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 � . t" . , � • �RIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 Paqe 8 of this property and didn't especially feel a commercial use was wrong. t' felt the question is really what is the best use of the land. Mr. Herrick stated the market value for a single family home on 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 l, 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) parkinq 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 1, 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 rebuilt. He stated he does agree it is an eyesore. Councilwoman Jorgenson stated under the S-1 zone, the property would have reverted to R-1, if the structure had been destroyed. 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 TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESOLUTION N0. 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 HILLS SECOND ADDITION TO COMBINED WITH THE PROPERTY TO THE EA T 1 BLOCK 2 MARIAN HILLS SECOND ADD ON. ALL TO CORRECT A CERTIFICATE OF VEY DONE IN 1969 GENERALLY LOCATED AT 13 52ND AVENUE AND 1340 52ND AVENUE BY STAN AND PHYLLIS PROKOPOWICZ : MOTION by Councilman ' lings to adopt Resolution No. 83-1988. Seconded '--• Councilman Schnei . Upon a voice vote, all votinq aye, Mayor Nee declaY the motion car 'ed unanimously. C. ONSIDERATION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT IN THE CITY OF FRIDLEY: — . . r. � �32�� ; Nurr�erical� Grantor � Grantee R��gfd�d �--�:::_ ��k�#�--' �,�i� � {ndex� � 0 0 � a n a� a � � r•�3 00 � OFr4&� 0�CQU�dtY AEI�RDER a STAT.�QF R��iLSO'GA, C0�?NTY OF ItNOKA �� I h�;rc�ay c�rti4y that the wahin ineku- ,�e;tt �:a�; filed in th� oitice .for record un the NO�/ � Q "roR0 ,� /�o'cl�:"�M.,and was dury recorded �-� �,��- Qconory R�Ner � gy ._��L�il�C�f�� Y City of Fridley Community Development Dept. 6431 University Ave. N. E. Fridley, MN 55432