Loading...
SP85-12 'wW wCITY OF FRIDLEY S 3431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 SPECIAL USE PERMIT SP 4 2515 (612)571-3450 SPECIAL USE PERMIT FEE K ZW>a' RECEIPT # SCBEDULED PLANNING COMMISSION MEETING DATE: 11-6-85 SCHEDULED CITY COUNCIL MEETING DATE: 11-18-85 PROPERTY INFORMATION PROPERTY ADDRESS 5979 3rd St. LEGAL DESCRIPTION: LOT 27 & 28 BLOCK 12 'IRACT/ADDITION Hyde Park PRESENT ZONING �`-) l ACREPGE 80X129.05 SPECIAL USE PERMIT BEING APPLIED FOR: An Advertising Agency with sealing equipment. See Attached. SECTION OF THE CODE:. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OWNER INFORMATION NAME White Task Investments (Ronald D. Gazda) PHONE # 572-3732 ADERESS 11796 Abel St. N.E. Baine MN 55434 SIGNAZU Gam-- DATE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PETITIONER INFORMATION NME Midwest Classified (E.Aderian Smith) PHONE # 571-4474 ADIFESS 7260 University Ave. N.E. MPT,. (Fridley) S4_ 432 SIGNAZURE G,iY DATE 10-4-85 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING COMMISSION: APPRCVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: ,r r The petitioner hereby understands that: 1. The City will notify all residents and owners 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. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belong to the petitioner. 4. A scaled plan of pr opo sed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if appl icabl e Street names Location and use of adj ace nt existing bu i 1 di ngs within 350 feet. 7 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, November 6, 1985 , in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #85-12, by E. Aderian Smith, per Section 205 .05.4 of the Fridley City Code, to allow a different commercial use in an S-1 zoning district (special zoning district for Hyde Park) located on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: October 21 , 1985 October 28, 1985 y I lit ;tgl PCr — 1 . e dT FI p. A Lei Wp =: mn I�mlllllli Ifz 1p � �e �T Adrian Smith ,Sr MD-14 4074 g t c'9 _ b&, (opl3O S - E _ - 0 4 - 7s 4 B 3 } L� _ -6 404 -— {� • +. ►- ��� Cr, - T. ' Q4;pt 17 Af . I 1 II o i /bIt� T - f• of s /7 s r S�i , 3� B 5941 . 5474 _ � t9Tg 5 s 59x4 ;q 3 6944 ` �'¢ r 7 Sg t Z z4 %g7� _B � _ � , Z3• ,� 2j E c e� ?2 q �'� W 1/r W 4j -- ``. 949 5, 4 lal sw 3 S , N ------ 59,46 f.. Z : Z 20 // S ---- B /,j x410 S9 H 5 AO f- � a. a ,£ ,. � /��.•I V� ► ShQ� �¢ � � t►� is o setts 14 59TH AVENUE N.E. °� 4 � i3 sa Sq� '8 = S9o9 27 5w FT axwv A � // mfr L N f /3f- e9aB .. �, S 9 /E Soto 5624 �i+ w /Z s SAY et r2_ ° )J w 4 58T ki AVENUE l 4 5790 ` / stn `�» ti SMMION Lim - R q -i • s %�% Aid: �i►�► ��®K '. •�� ''' ��% ®a ��� '•• fie~ •� � . Ib YArAPl lb �'�S� sem•,. . �'� • %.�"�- .� ..n .•.❖.❖ lonow INA ISM �/❖�•►+•+•t►•4ovr.•.�►A VW .► • 7 •. �..... tis . •srM '' ►+C+'►+•�.`� �r,�'7i•►•••<►•� ' mi _asp � �, J�•i•��►ii�.,;v. •�• 1• Mugs • �;t ���� ���� OAF a• 4 ' - � �• ' �+:•�+:=:�: Esq all 111M MUMS ffi 26 / .� sur .�• W-A .� -. ffLSi Y� Ki.lO AJC fTi� FfS'•'JI td 3'. LJr /L= ZT ifLEi Imo• �!T' !l111 1lrfao • 1 / riL t� M�?r 1s� err»rta rs Ts r car.,cao a•; ��r4w '► .m ��cr.a�wa� �rra.iaw enr,!taao TEVENSONsir-�aw�e s� arena r►.,MAW FAT04 19, e 0 Mac III 'm � a .�y��p������ ear sraar .r'0 • `•�el.'a "Q� RTI�i' IS RtAfi n�rec m.. K� ams wzm E,ss ��c•,�� • a-w �a•o ra>7 way c••w.w� n:•a r...t aaaa�/� • 7•T 1� I t!ri?� i•Zn III Qt t /1"?t' • ETfO llJlb r salt I: ISA ►3 �i ®© // b aw rtes-vi �Ka �� •LT. u+w;a� cat 114 SPA or=ar �►� �Q � jvrm rAr.. :s wy Fria a .M !, • ' • �n�►''�ta Rn. 'iii rsss'�.ac r•. i ;= / EXHIT ADRIAN SMI1H I is I 129.05 SP #85-12 LOT XtsrinG 15UILPInG ,I O ry LOT 28 i o ; 'o -+-- APPDX. /604 s9 I I I I I I , I I f � I I ' MIDWEST CLASSIFIED PLOT PUN ,�.x.. �'" - WORTH DRAwu Br. --K RETTERAIN �^ � ; �;�;x•• d i I w o m:N i tD z 00 � i I r - ..-. MATCH EXIST NG X18 C a 4 EXISTING CON l � QST.C.B. 81 use E�� • -- _. frww no.801 851. 40 646.50 •ti 40 . 40 42.31 ��850 6 40 1 Poi. L'� 18 I �016 /1 1-- i r NOUS TO BES / It O D BY NI T a a, ' V REM SEE / p . 127.32 1, P O ERS -'� a ' INSET " : 7a.c k SEE I 1 E '-• ' • '''' S4 . �' DETAIL < Al, EU 610BELOW , T � N �• UC ~� � `�� —�'.,..---x —`1---� .t J CONS 61 S P - REC p• r. �.,..a. � T+; u r.,`Y FES.' • o; c.:+ �� ' � r � M � — — alta► NCE FE646.4c3 i(> RE, OVE 80 ,FENCE =6=••. ,.... , EXISTING CYCLONE S.6.L T.H. 47 — ------ OTHERS ...................BARRICADE REMOVAL ......... � .. .....::1: -r— . ....-... 15 low �y { a. •i �1 h( I t � ■ i e Planning Commission 10/18/85 9 City Council MAILING LIST SP #85-12 Midwest Classified 5973 - 3rd Street N.E. Midwest Classified Alfred Gabel E. Aderian Smith 5947 - 22 Street N.E. 7260 University Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Hugh Churchill White Task Investments 5955 - 21-, Street N.E. Ronald D. Gazda Fridley, MN 55432 11796 Able Street N.E. Blaine, MN 55434 John T. Kelly 3801 Crystal Lake Boulevard Northwestern Bell Telephone Company Robbinsdale, MN 55422 5920 - 3rd Street N.E. Fridley, MN 55432 Michael Pestello 6011 - 3rd Street N.E. Robert J. Ecker Fridley, MN 55432 5940 - 3rd Street N.E. Fridley, MN 55432 Frank J. Kearney 6010 - 3rd Street N.E. E. Norwood Fridley, MN 55432 B. Braithwaite 7412 Lyndale Avenue South Franklin H. Hart Minneapolis , MN 55423 6000 3rd Street N.E. Fridley, MN 55432 Willard C. Guimont 5980 - 3rd Street N.E. John E. Wolfe Fridley, MN 55432 6007 - 3rd Street N.E. Fridley, MN 55432 Lawrence Muggli 11796 Able Street N.E. Blaine, MN 55434 John B. Rasmussen 8855 - 230 Street East Lakeville, MN 55044 John Pawluk 5931 - 3rd Street N.E. Fridley, MN 55432 Wanda M. Laubach 5925 - 3rd Street N.E. Fridley, MN 55432 Frank M. Gabrelcik 5923 - 3rd Street N.E. Fridley, MN 55432 Robert P. Williams 5945 - 22 Street N.E. Fridley, MN 55432 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6931 Uni- versity Avenue Northeast on Wednes- day.November 6.1985,in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of Special Use Permit. SP N 85-12. by E. Adrerian Smith. per Section 205.05.9 of the Fridley City Code. to allow a different commercial use in an S-1zoning district(spe- cial zoning district for Hyde Park) located on Lots 27 and 28. Block 12. Hyde Park, the same being 5973-3rd Street N.E. Any,and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL Chairwoman Planning Commission (Oct.21&28.1985)-FRID CITY OF FRIOLEY, SUB.IECT PERMI �NI'a__'_"- 6431 UNIVERSITY AVE. NE. 0608 FRIDL.EY, MN. 55430 L61D 571-3450 SIGN PERMIT RECEIPT NO. COMMUNITY DEVELOPMENT DIV. PROTECTIVE INSPECTION BEC. NUMBER REvDATE PAGE OF APPROvED BY B-1-BI 10/4/82 / Boo lOB ADDRESS 5973 - 3rd Street N.E. 1 LEGAL LOT NO. BLOCK I TRACTOR ADDITION DEscR. 27,28 12 Hyde Park 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE Energy Savers 5973 - 3rd Street N.E. 571-4673 3 SIGN ERECTOR MAIL ADDRESS ZIP PHONE LICENSE NO LeRoy Signs 6325 Welcome Avenue North, A4pls. 535-0080 4 SIGN TYPE (X WALL ( ) PYLON ( ) ROOF ( ) OTHER 5 CONSTRUCTED OF: 6. ZONING Polycarbonate Plastic S-1 & C-1 7 BUILDING LENGTH 8 EXISTING SIGN AREA 8 MAXIMUM AREA ALLOWED 10 CLASS OF WORK ❑ NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR X II DESCRIBE SIGN LENGTH: 4' HEIGHT: 8' SG.FT: 32 HEIGHT ABOVE GRADE: 12 MESSAGE (SEE ATTACHED SKETCH) "The Energy Savers Kerosun" STIPULATIONS SEPFRATE PERMITS REQUIRED FOR l#ONG, HFATING. PLUMBING AND SIGNS. SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, WIRING, OR REVOLVING BEACONS, ZIP FLASHERS, AND SIMULATED DEVICES, ALTERATION OF THE BUILDING. INCLUDING ANY SOURCE OF LIGHT WHICH CHANGES IN INTENSITY THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ARE PROHIBITED. AUTHORIZED IS NOT COMMENCED WITHIN N DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT $800 $NONE DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE TOTAL FEE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- STRUCTION OW THEPERF MANCE-OF CONSTRUCTION. $24.00 $24.00 SIGNATURE OF CONTRACTORORAUTNORIZEDAGE IDATEi W OPER V ATED THIS IS YOUR PERMIT SIGNATURE OF OWNEROF OWNER BUILDER, (DATE) BLDG INSR r,ATE y CITY OF FRIDLEY Effective Aug. 1, 1981 SIGN PERMIT APPLICATION OWNER: L/ /Z�j—r YCt l- ,I a: D r SIGN ERECTOR. ` Y �� Growl ADDRESS: �/ 7jN� ADDRESS: S'�. Gyf C�►)�tt �/ TEL.NO. : <21 TEL NO.: s`3 S" — v SIGN LOCATION STREET NO: 5 �33 STRF,ET: LOT' BLOCK: ADDITION: (� fDESCRIPTION OF SIGN SIGN TYPE all **Pylon ***Roof Temporary ---_—_ Other Length / Height 9 Sq. Ft. Constructed Of ��yC�j��an,e91l�STry� Illuminated - Estimated Cost $ �� To Be Completed Vo Sign Message * length of building wall sign is to be placed on Allowable Area ** Distance From: Property Line > / Inter. /Dwy Hgt. Above Grade ZS-� *** Roof Sign in Lieu of Pylon Sign ZONING: Permit Fees; Up to 40 square feet - $24.00 More than 40 square feet - $60.00 Add $.50 State surcharge if sign not illuminated. Temporary signs; porta panels, banners, pennants, etc. , NO FEE Political signs; $15.00 deposit, refunded when signs are removed after election. STIPULATICN FOR ALL SIGNS: Revolving beacons, zip flashers and dimilar devices including any sources of light which changes in intensity are prohibited. The undersigned hereby makes application for a permit for the work herein specified, agreeing to do all work in strict accordance with the City of Fridley Ordinances and rulings of the Department of Buildings, and hereby declares that all the facts and representations stated in this application am-e true and correct. DATE: SIGNATURE: ~ 0 MATCH EXISTRNG I CHi DoSTING1 Cpl I CONST. C-8. —� (inset 8) use - �,jl_7Q frame no,801 1.J c —+1---------'f 0 A�AMGOI t 85140 4 40 42.31 a0 40 y ' filclU.30 B / r16 Y HOUS TO B�\ By I L" REMOVED \ j _. � T 4`.' I y, SEE 1 O�HERS �� INSET I I x O 127.32 r V 11 EB-, - - -� l C 7G.r ,� e3 , SEE I I E , I + "EU 610 R4 , rDETAIL i i y N.-r,,��f BELOW I i RECdfii,S U C! M�,H '1 CONST. B618 �___1 1�L 'c a6 ,►2 a:, I ____---- t..n1 P.''J: R IiG�- T', tr^ S0. FT.I �_ / . FENCE 84643 r��T �I REMOVE 80 ,FENCE 4^ - EXISTING CYCLONE _ .._ M - {! \\ M Ct S.B.L T.H. 47 BARRICADE REMOVAL BY OTHERS _ —_--- --- --._ .... ... _------- _----=r— ....... ........................�...... ... .. Ir� L4-c- J Yo C- f--E-1v c C V SAVE P-3 f 04`�`^' rid W PLANNING DIVISION CITYOF MEMORANDUM HUDLEY MEMO TO: David Newman, City Attorney MEMO FROM: Susan M. Graves, Planning Assistant-/�C-r MEMO DATE: December 10, 1985 REGARDING: Drafting of Appropriate Documents We are requesting that you draft the appropriate documents for the following: 1 . Sale of Lot 11 , Block 20, Fridley Park for $1 , 000 to Maynard Nielson. 2. Lease Agreement between the City of Fridley and E. Aderian Smith for the latters use of Lot 29, Block 12, Hyde Park. Attachcd are materials related to the above mentioned issues. The Deed for Lot 11 , Block 20, Fridley Park is also attached. It may be necessary for an abstract to be created for this property as there does not appear to be one. Please advise us as to the steps that be should taken in this matter. If you should have any questions concerning these matters please contact the Planning Department at 571-3450. M-85-160 SP #87-18 9 T John Glynn HERRICK & NEWMAN, P.A. VIRGIL C'HERRICK 6279 UNIVERSITY AVENUE N.E. DAVID P.NEWMAN ATTORNEYS AT LAW FRIDLEY,MINNESOTA 55432 JAMES E.SCNMECKPEPER 571-3850 December 16, 1985 Jim Robinson City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: E. Aderian Smith Dear Jim: Enclosed you will find the proposed Lease which I have drafted. You will note that it will be necessary for you to incorporate the starting and ending date of the Lease. You will note that I have drafted the Lease in such a format that either party may terminate the Lease at the end of three years by giving the required notice. You will also note that both parties should sign the Lease and that the signatures should be notarized. / incer ly yours, F} David ewm—an DPN:JEB Enclosures Writer's Direct Dial Number FACT SHEET ADDRESS: 5973 N.E. Third Street Fridley, Minnesota SIZE: 2 , 432 square feet TOTAL LOT SIZE: 10, 320 square feet DATE OF CONSTRUCTION: 1948, 1956, 1986 TYPE OF CONSTRUCTION: Concrete block/stucco CEILING HEIGHTS: 8-10 feet TOILET FACILITIES: One plus rough plumbing for two ELECTRICAL POWER: 200 amps, 240 volts HEAT SYSTEM: Gas forced air SPRINKLERED: No TRUCK DOORS: No DRIVE-IN DOORS: Large double door ZONING: S-1 SPECIAL FEATURES: Excellent exposure to University Avenue Flexible usage EXCLUSIVE AGENT: Gerry Messler PRICE: $79,900. 00 The TOWLE REAL ESTATE Company•600 Second Avenue South •Minneapolis,MN 55402•(612)341-4444 14 Shuttles The Thermatron shuttle is designed to give you the cost-saving and quality advantages of heat sealing. When used with standard Thermatron High Frequency Heat Sealers,they can increase the available production capacity.They also offer superior operator protection since loading operations are performed away from the press area and OSHA approved guards -- are installed. Everything you expect of machines produced by the most experienced high frequency company in the world. Now fj I z Y i a • e t� a s LWCOMMSSION APPLICATION REVIEW Department Number Fils Date Meeting Date CITYOF Planning 79 10/8/85 11/6/85 FRIDLEY File Address/Description 5973 - 3rd St. COMPLETE REVIEW CHECKLIST S-1 zoning - change commercial use RETURN TO PLANNING El 1'M COMMENTS El JOHN DDARREL t[:] CLYDE El MARK ❑LEON CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 6, 1985 CALL TO ORDER: Chairwoman Schnabel called the November 6, 1985, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Menbers Present; Ms. Schnabel , Mr. Oquist, Mr. Saha,, Ms. Gabel , Mr. Minton, Mr. Kondrick, Mr. Wellan Menbers Absent None i Others Present: : Jim Robinson, Planning/Coordinator Aderian Smith, 3828 - 72nd Ave. N.14. , Anoka Charles S. Cook, 1 40 Grouse St. , Coon Rapids Steven Hanson, 1 57 Duke Dr. N.E. Roger & Sue Ha en, 4056 Constance Blvd. Sid Inman, 6 7 Overton David Weir//, 320 Woodbridge Plaza Eric Ne et, 1151 Friar Lane David Schumber, 5029 - 16th Avenue Se ttached List APPROVAL OF OCTOBE , 1985, PLANNING COMMISSION MINUTES: MOTION BY MR. NDRICK, SECONDED BY MR. SABA, TO APPROVE THE OCTOBER 9, 1985, PLANNING CO SSIDN MINUTES. Ms. Gabe indicatdd that' on page 6, second paragraph, the second sentence should be del ed in its entirety. UP A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MINUTES PROVED AS AMENDED. 1 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #85-12, BY E. DERIAN SMITH: Per Section 205.05.4 of the Fridley Citv Code, to allow a different commercial use in an S-1 zoning district (special zoning district for Hyde Park) located on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:34 P.M. Mr. Robinson stated this property was located in the Hyde Park area, west of University Ave. , and south of 60th Ave. The property was last occupied by The Energy Shed. The change of business was what required the special use permit. PLANNING, COMMISSION MEETING,, NOVEMBER 6, 1985 PAGE 2 Mr. Robinson stated the property was zoned S-1 , special zoning for Hyde Park, which was a relatively new zoning. The property was surrounded by single family, multiple, and a few commercial businesses across from the property on University Ave. Mr. Robinson stated the structure was approx. 2,300 sq. ft. and the Proposal was to put in a small printing business. The petitioner has agreed to make substantial site improvements. He has worked with City Staff on what has to done to bring the property up to code. Included with the exterior improvements was cedar siding on all four sides of the building. The interior will be divided 50% to reception and office area and the easterly 50% to shop area. Site improvements include new parking and landscaping. The City was suggesting the petitioner purchase from the City a portion of Lot 29, approx. 1 ,604 sq. ft. , in order to bring the property up to code in terms of laying out a parking lot to meet city code dimensions. The petitioner was agreeable to this. With that additional property, the petitioner would be able to put in 10 stalls and also allow setback from the property required by code and still have ample room for hedging and trees to screen the parking area. Mr. Robinson stated Staff was recommending the following stipulations : 1 . Make exterior improvements to building, as per plan, by May 1 , 1986. 2. Purchase a portion of Lot 29, approx. 1 ,604 sq. . ft. , from the Citv as per plot plan by City by Feb. 1 , 1986. (Will require formal Council approval 3. Provide parking area as per plot plan by City, with concrete curbing and asphalt paving by July 1 , 1986. 4. Provide landscaping as per plot plan by City by Aug. 1 , 1986. 5. Provide a sound insulated chamber for air compressor Prior to occupancy. 6. Provide a site improvement performance bond in the amount of $5,000 prior to issuance of building permit. 7. Expansion of the proposed business including the addition of a Printing press or building additions will require a special use permit review. 8. Employee parking needs should not exceed 8 stalls at any one time, unless additional parking is made available. Mr. Aderian Smith stated they are not only a printing business , but are actually an advertising business. One of the products is a full color tele- phone book cover enclosed in vinyl and sent out to the residents. They have a sales force across the United States. They will do no printing that is offensive to anyone. The air compressor they use is a regular 5 horse air compressor used in any service station. It was not excessively noisy, but for the protection of people working close to it, it will be screened. He stated he has no objection to the stipulations. The 8 parking stalls would be adequate because at no one time would they have more than 8 people in the building. Mr. Saba stated he saw that the business planned to use a Thermatron RF sealer shuttle system. He was familiar with its function, and in the past, he has seen a lot of problems with things happening to garage door openers , cordless tele- phones, etc. , because of the high energy concentration. PLANNING COMMISSION MEETING, NOVEMBER 6, 1985 PAGE 3 Mr. Smith stated the machine has to be fully screened. It is a regular Thermatron FCC approved fully screened machine. The environment inside the machine screens the RF factor. He stated they can play a radio within 10 ft. of this machine whfch is one of the first things it would affect. A resident asked what hours the business would be open. Mr. Snaith stated they would be open four days a week, Mon. - Thurs. , from 7 a.m. to 5 p.m. He stated the office will be open Mon. - Fri . , but only 2-3 people are in the office on Friday. Mr. Kearney Frank, 6010 3rd St. , asked about the special Hyde Park zoning. Ms. Schnabel stated the special zoning came about because of zoning problems that occurred in the area. Ms. Gabel stated she chaired the committee that worked on rezoning that neigh- borhood. It took a full eight years to take care of it. What was happening was there was a strange zoning occurrence in the 1960's and people who had homes were not allowed to rebuild if there homes were destroyed and some people couldn't get mortgages. When people wanted to sell their homes, buyers couldn't get mortgages either. The idea of rezoning was for people to be able to keep their homes and not have any more density in the neighborhood. The businesses were to be allowed to exist but were not to be increased in size, which was part of a problem she had with this special use permit reouest. The whole concept was for the neighborhood to try to turn itself around and become residential again. To a degree that has happened as there are a lot of new homes in the area.. Mr. Willard Guimont, 5980 3rd St. , asked that if this special use permit was approved and this business proposal fell through, could any type of business go in there? Ms. Schnabel stated this special use permit went with this business only. If this business did not go in, any other business would have to go through the same process and apply for a special use permit. Mr. Robinson stated that as a safeguard, a stipulation could be added that the special use permit was for this particular business only. Ms. Gabel stated she was opposed to the Citv selling right of way because part of the overall plan for Hyde Park was that the businesses were to be allowed to exist, but were not to be expanded in any way because that was a deterrent to keeping the residential character of the neighborhood. She did not think Ws was appropriate for the overall plan. Mr. Robinson stated that in reading the code, it was a matter of interpretation. The code says "existing uses other than single family are permitted uses". It went on to say that if they are damaged or destroyed, the existing use will be allowed to rebuild but shall not exceed the size or setbacks of the existing PLANNING COMMISSION MEETING, NOVEMBER 6, 1985 PAGE 4 structure. Alterations may be made when they improve the structure,nrovided they will not increase the number of dwelling units, the bulk of the building, or enlarge the use. Mr. Robinson stated that regarding this request, they are just trying to create a parking lot to code that has some landscapinq and some other amenities which are possible by the purchase of the extra land. They are not increasing the size of the building. Ms. Gabel stated she was concerned that if they start this kind of thing, more of it is going to happen, and they are going to lose the whole intent of the rezoning which was to return the neighborhood to its residential quality. She did not care to see this kind of precedent set. Mr. Robinson stated the alternative was to have the property remain as it was with substandard parking and no landscaping. Mr. Bob Ecker, 5940 3rd St. , stated the thing he did not like was the slip-off or turn-off at University onto 3rd St. He wished that had never been constructed by the City. He stated closing the slip-off would create more room for the petitioner's parking lot and additional proeprty would not have to acquired from the City. The other residents present at the meeting agreed with Mr. Ecker. Mr. Robinson stated the closing off of the slip-off was something the City could take a look at. Ms. Gabel stated that before the City pursued something like that, she would like to find out about assessments--how the cost would be taken care of if it were removed as the people have paid for it once already. Mr. Wellan stated that if a majority of the land purchased from the City was to be used to improve the aesthetics of the area, he would be in favor of the purchase of additional land. Mr. Saba stated he did not think they could really set a precedent in a special zoning district. It is a special zoning area with unique situations and, in this particular case, he could see both Ms. Gabel 's point of view, but he could also see the City's point of view where they want to see the property brought up to code and looking nice for the neighborhood. Mr. Kearney Frank stated he wanted to see the business and property looking nice. If the City has some property it can sell and it will improve the eroperty and as long as the petitioner takes care of the property and there 1s no noise, he did not see anything wrong with it. Mr. Bob Ecker stated he would like to have the City Council give some serious consideration to closing off the slip-off. a PLANNING COMMISSION MEETING, NOVEMBER 6, 1985 PAGE 5 Mr. Robinson stated the City has had 6-7 different requests for this property, and this was the first request that was reasonable and fit for this neighbor- hood, and the first petitioner who was willing to make these improvements to the property. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE Pi1BLIC HEARING CLOSED AT 8 08 P.M. Mr. Minton stated one concern raised was that this would set a precedent for other businesses in the area, and he thought the Planninq Commission should make it very clear that it does not. Ms. Schnabel stated that since Ms. Gabel was a resident in the area and had chaired the committee that worked on the zoning, she certainly had more experience and knowledge of the area; however, Ms. Schnabel stated she would like to see the landscaping done in some way. She felt screening of the parking lot was important, es eciall if in the future the slip-off was vacated and P � P Y P the rest of the property was sold off for a single family home, in which case good screening would be very important. Mr. Kondrick stated the point made by Mr. Saba that this was a special area with unique situations was a good point. This particular request was an excep- tion. The area itself was an exception. He felt each situation has to be looked at individually. He felt the plan as submitted was a good nlan and the stipulations were fine. He did have some reservations about the purchase of property also, but, as pointed out by a neighbor, the area will be improved as right now ow the area looks kind of bad. The business was not an offensive business; the renovation of the buildingwill be a big help to the area and " 9 p he felt that approving this special use permit for this property would be a good move. Mr. Oquist stated that because the City was requesting that the petitioner purchase the extra land to brinq property P the u to code not the petitioner wantina to enhance the property, and that the majority of the land was for landscaping, he felt it was very clear they were not setting a nrecedent. MOTION BY MR. KONDRICY., SECONDED BY MR. WELLAN, TO RF,COMMEND TO CITY COUNCIL P7 P OOVAL SPECIAL USE PERMIT, SP #85-12, BY E. ADERIAN SMITH, PFR SECTION 205.05.4 OF THE FRIDLEY CITY CODE TO ALLOW A DIFFERENT COMMERCIAL USE IN AN S-1 DISTRICT (SPECIAL ZONING DISTRICT FOR HYDE PARK) LOCATED ON LOTS 27 AND 28, BLOCK 12, HYDE PARK, THE SAME BEING 5973 - 3RD STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. MAKE EXTERIOR IMPROVEMENTS TO BUILDING, AS PER PLAN, BY MAY 1, 1986. 2. PURCHASE A PORTION OF LOT 29, APPROX. 1,604 SQ. FT. , FROM THE CITY AS PER PLOT PLAN BY CITY BY FEB. 1, 1986. 3. PROVIDE PARKING AREA AS PER PLOT PLAN BY CITY WITH CONCRETE CURBING AND ASPHALT PAVING BY JULY 1, 1986. 4. PROVIDE LANDSCAPING AS PER PLOT PLAN BY CITY BY AUG. 1, 1986. PLANNI14G COMMISSION MEETING, NOVEMBER 6, 1985 PAGE 6 5. PROVIDE A SOUND INSULATED CHAMBER FOR AIR COMPRESSOR PRIOR TO OCCUPANCY. 6. PROVIDE A SITE IMPROVEMENT PERFORMANCE BOND IN THE AMOUNT OF $5,000 PRIOR TO ISSUANCE OF BUILDING PERMIT. 7. EXPANSION OF THE PROPOSED BUSINESS INCLUDING THE ADDITION OF A PRINTING PRESS OR BUILDING ADDITIONS WILL REQUIRE A SPECIAL USE PERMIT REVIEW. 8. EMPLOYEE PARKING NEEDS SHOULD NOT EXCEED 8 STALLS AT ANY ONE TIME, UNLESS ADDITIONAL PARKING IS MADE AVAILABLE. 9. THIS SPECIAL USE PERMIT FOR THE PROPOSED BUSINESS ONLY. Ms. Schnabel stated she was willing to support the motion regarding stipulation #2 that the petitioner would purchase the additional property, based on the premise that the purchase was initiated by the City in order to bring the property up to code and was not initiated by the petitioner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THF. MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on Nov. 18. MOTION BY MS. GABEL, SECONDED BY MR. SABA, TO RECOMMEND THAT CITY STAFF LOOK INTO THE POSSIBILITY OF CLOSING THE SLIP-OFF FROM UNIVEP.I.STY TO 3RD STREET, WHAT THE COSTS WOULD BE AND HOW THOSE COSTS WOULD BE BORNE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. #85-06 WERWOOD rMKK, BT CHARLES S. MR: Being a replat of—a77 of Lots 27, 28, 29, and 30, Revised Auotl6rls Sub- division No. 77, except Blocks 1 and 2 platted as Riverw�'Manor, and except that part of said Lot 28 lying Easterly of the following described line: Beginning at a point on the South line of said Lot distant 315.64 feet West of the Southeast corner thereof (said Southeast corner being in the centerline of East River Road) thence North,.at'right angles from said South line to its intersection with the North ' 'e of said Lot 28 and there terminating. MOTrON BY MR. OQUIST„ SECONDED BY R. MINTON, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING' AYE, CHAIRWOMAN SCHNABEL DECLARED THF, PUBLIC HEARING OPEN AT 8:25 PP..M. ' Mr. Robinson stated-this proposed plat was west of East River Road and north of 71st and south of 71z Way. It was bounded by all single family homes and was the site of the old Riverwood Elementary School . The entire oroper.ty was zoned,-public, except Lots 1 and 2, Block 3. With the renlat, zoning to R-1 would be automatic. COUNCIL MEETING OF NOVEMBER 18, 1985 MOTION by Councilman Schneider to waive the reading and approve this ordinance upon first reading. Seconded by Councilman Goodspoed. Upon a voice vote, all voting aye, Mayor Nee declared the .Potion carried unanimously. 9. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETIDU OF MARCH 18, 1985: MOTION by Councilman Schneider to rete' the minutes of the Charter Commission meeting of March 18, 1985 . econded by Councilman Barnette. Upon a voice vote, all voting aye, or Nee declared the motion carried unanimously. 10. RECEIVING THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF OCTOBER 17 , 1985: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of October 17, 1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried" unanimously. 11. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1985: A. SPECIAL USE P SP #85-12 TO ALLOW A DIFFERENT CM,ERCIAL USE IN NING DISTRICT, 5973 3RD STREET N.E. , BY ADERIAN SMITH: Mr. Flora, Public Works Director , stated this proposal is to allow a printing plant at 5973 - 3rd Avenue. He stated the business previously at this location was The Energy Shed. Mr. Flora stated the property is in an S-1 zone in the Hyde Park area. Mr. Flora stated the petitioner agrees to make substantial site improvements, and the Planning Commission recommended approval with nine stipulations, which he outlined. Councilman Goodspeed stated the stipulation that the City should sell land to S-1 zoned property was in violation of the spirit of the S-1 zoning in that these businesses shouldn't expand. Councilman Fitzpatrick stated he agreed with Councilman Goodspeed on expansion of non-conforming uses which they would have if the petitioner were to buy the City land. He stated if the petitioner were to purchase this land, he believed it would affect a number of the stipulations. He stated the question he had was if the petitioner, Mr. Smith, wishes to purchase this City property. Mr. Smith stated he did not. Mr. Qureshi, City Manager, asked Mr. Smith how many parking spaces he needed in order to conduct his business. Mr. Smith stated six to eight cars would be there cn any given day. Mr. Qureshi asked Mr. Smith how he intended to provide the perking. Mr. Smith stated it wouldn't be possible to provide the required parking if it had to be marked and striped, without the extra -25- COUNCIL MEETING OF NOVEMBER 18. 1985 land. Mr. Qureshi stated the question really is if this is an improvement to the building. He stated, if it is, he felt there should be curbing to make it look presentable. Councilman Schneider stated if City land is used, it precludes anything being built on the slip-off. Mr . Flora stated there has been some discussion before the Planning Commission about the City closing off the sl ip-off. Councilman Fitzpatrick stated there were statements to the effect that the purpose of the S-1 zoning was to return the area to residential. Mr. Smith stated he was in agreement with the stipulations made by the Planning Commission and would work with the City regarding the parking and landscaping. Mr. Flora stated staff can work with Mr. Smith to bring the property closer into code compliance, without him acquiring additional property frau the City. Gbuncilman Goodspeed stated he did not want additional land given or sold to the petitioner, but he would not be opposed to his leasing it. MDTION by Councilman Goodspeed to grant special use permit SP #85-12 to allow a different a mercial use in an S-1 District at 5973 - 3rd Street, with the following stipulations: (1) exterior improvements be made to the building, as per plan, by May 1 , 1986 ; (2) a portion of Lot 29 , approximately 1,604 square feet, be leased frau the City for $1.00 per year with the City's right to terminate the lease with a one year notice, after the third year; (3) parking area be provided, as per plot plan, with concrete curbing and asphalt paving by July 1 , 1986 ; (4) landscaping be provided, as per plot plan, by August 1, 1986; (5) a sound insulated chamber be provided for the air compressor , prior to occupancy ; (6) a site improvement performance bond be provided in the amount of $5,000 , prior to the issuance of a building permit; (7) expansion of the proposed business, including the addition of a printing press or building additions, will require a review of the special use permit; (8) employee parking needs should not exceed eight stalls at any one time, unless additional parking is made available; and (9) this special use permit is for the proposed business only. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SS TTING A PUBLIC HEARING ON THE MATTER OF A FINAL PLAT, RIVERKWD PARK BY CHARLES COOK: MJTION by Councilman Fitzpatrick to set the public hearing o �isplat for Deoember 2, 1985. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. REVIEW OF A SPECIAL USE PERMIT, SP #78-13, TO ALLOW SALES AND SERVICE FOR THE INSTALLATION OF SERVICE STATION EOUIP- MENT, 5333 UNIVERSITY AVENUE N.E. , BY MINNESOTA PETROLEUM SERVICE, STEVE HANSON: -26- w - CITYOF FWDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612) 571-"-4';(1 E. Aderian Smith CITY COUNCIL November 21 , 1985 Midwest Classified 7260 University Avenue N.E. ACTION TAKEN NOTICE Fridley, MN 55432k;7`--- On November 18, 1985, the Fridley City Council officially approved your request for a special use permit, SP #85-12, to allow a different commercial use in an S-1 zoning district (special zoning district for Hyde Park) located on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. with the following stipulations : 1. Make exterior improvements to building, as per plan, by May 1 , 1986. 2. Petitioner to lease a portion of Lot 29, approximately 1 ,604 square feet, from the City as per plot plan. The lease arrangement to include a provision of $1.00 per year for a period of three years after which time the City can terminate the .lease with a one year notice. (City attorney to draft lease) 3. Provide parking area as per plot plan by City with concrete curbing and asphalt paving by July 1 , 1986. 4. Provide landscaping as per plot plan by City by August 1 , 1986. 5. Provide a sound insulated chamber for compressor prior to occupancy. 6. Provide a site improvement performance bond in the amount of $5,000 prior to issuance of a building permit. 7. Expansion of the proposed business including the addition of a printing press or building additions will require a special use permit review. 8. Employee parking needs should not exceed eight stalls at any one time, unless additional parking is made available. 9. This special use permit for the proposed business only. If you have any questions regarding the above action, please call the Planning Department at 571-3450. C� SincereJames LRRo son Concur with action taken Planning Coordinator Please review the noted stipulations , sign the statement above and return one copy to the City of Fridley Planning Department by December 5, 1985. MIDWEST CLASSIFIED SP #85-12 STIPULATIONS 1. MAKE EXTERIOR IMPROVEMENTS TO BUILDING, AS PER PLAN, BY MAY 1, 1986. 2 . PURCHASE A PORTION OF LOT 29, APPROXIMATELY 1,604 SQUARE FEET, FROM THE CITY AS PER PLOT PLAN BY CITY BY FEBRUARY 1, 1986 . 3 . PROVIDE PARKING AREA AS PER PLOT PLAN BY CITY, WITH CONCRETE CURBING AND ASPHALT PAVING BY .JULY 1, 1986. 4 . PROVIDE LANDSCAPING AS PER PLOT PLAN BY CITY BY AUGUST 1, 1986. 5. PROVIDE A SOUND INSULATED CHAMBER FOR AIR COMPRESSOR PRIOR TO OCCUPANCY . 6. PROVIDE A SITE IMPROVEMENT PERFORMANCE BOND IN THE AMOUNT OF $5,090 PRIOR TO ISSUANCE OF BUILDING PERMIT . 7 . EXPANSION OF THE PROPOSED BUSINESS INCLUDING THE ADDITION OF A PRINTING PRESS OR BUILDING ADDITIONS WILL REQUIRE A SPECIAL USE PERMIT REVIEW. 3 . EMPLOYEE PARKING NEEDS SHOULD NOT EXCEED 8 STALLS AT ANY ONE TIME, UNLESS ADDITIONAL PARKING IS MADE AVAILABLE . Aderian Smith SUP #85-12 5973-3rd Street NE Approval with stipulations as listed in book. Deb/Ltr Change Stip. No. 2 to read: Needed . . . "to lease the required property for $1.00 per year for a period of 3 years after which time the City can terminate the lease with a one year notice. "