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SP87-03 U- 1 CITY OF FRIDLEY 6431 UNIVERSITY AVE.,A:E.- FRIDLEY, MN 5543 (612)571-3450 SPECIAL USE PERM SCHEWLED PLANNI SCHEDULED CITY C PROPERTY INFORMATION GS`al g PROPERTY ADDRESS 6509 E River Road Fri DES 23 7-q ION: LOT BLOCK 6 /ADDITIC 1 PRESENT ZONING R3 A The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 350 feet (rezoning) or within 300 feet (platting) of said property. 2. This application must by 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 frau the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. �toltoCor,oTrat ' Mnjcs.—jj UuifornConveyancing manxs (acvIsca11191 ►'jam` ** pp �1 ovember 80 .Made this.......2.. . ...............day of .................................. 19............, n Dennis C._...Dittmer and Mary...M . Dittmer� hand and wife, Gnarl E. between. .................................................................. Christensen and Carol L. Christensen, husband and wife, and Melford C. Christensen and Katherine G. Christensen, husband and wife, Anoka Minnesota ofthe Countyo ....................................................................and State of............................................................................................., parte.s. of the first part, and.....0IT..Y..... F....F.F�.�.D.4,,.�Y....................................................................................................................... Munit i-pal.........................................................................................................................................................................................................................., t a/corporation under the laws of the State of.....................M.inn.esota party of the second part, Witneae b, That the said part.. .es of the first part, In consideration of the sum of One Dollar and other food and valuable consideration - ...DO .......h ................................ .......... LL.gRS, to..........:them ........ ....................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County of............A.noka......................................................and State of .Minnesota, described as follows, to-wit: A bikeviay/walkway easement described as follows: That part of Lots 21-24, Block 6, FRIDLEY PARK lying south and west of the following described line: Commencing at the Southeast corner of said Lot 21 ; thence Northerly along the Easterly line of said Lot 21 to a point on a line parallel with and 10 feet North of, as measured at right angles to, the South line of said Lot 21 , said point being the actual point of beginning; thence West along said parallel line a distance of 87 feet ; thence deflect to the right in a Not-thwesterly direction 250 001 001, to a point on a line parallel with and 15 feet Easterly of , as measured at right angles to, the Westerly line of said Lots 21-24; thence Northerly along last said parallel line to the Northerly line of Lot 24, Block 6, FRIDLEY PARR, and there terminating ; Subject , however, to the right of ingress and egress over 30 feet of said easement for access to the building from Mississippi Street ; and the right of ingress and egress over 30 feet of said easement for access to the property from East River Road; and the right of reversion of said easement grant at such time as when said bikeway/walkway should be abandoned. The City of Fridley hereby accepts this easement for bikeway/walkway purposes, ASIM MtQURESHI City Manager/Acting City Clerk [NO STATE DEED TAX REQUIRED] r - To J. abe anb to Jbolb the *ame, Together with roll the hcreditainentst ued appurtenances= Form No.211-M—QUIT CLAIM DEED- — Minnesota Unita)rm Conveyancing Blanks(1978) Aline, De•n Cc 4 nnaapda Individual(S) to Corporation or Partnership No delinquent taxes and transfer entered;Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ' 19 (reserved for recording data) FOR VALUABLE CONSIDERATION, (marital status) Grantor(s), hereby convey(s)and quitclaim(s) to Grantee, a un er the laws of real property in County, Minnesota, described as follows: A 7-foot snow storage and signage placanent easement described as follows: the westerly 7 feet of Lots 21 - 24, Block 6, Fridley Park. AND: A 35-foot triangular easement for publi landscaping described as follows: beginning at the southwest corner of Lot 21, B1 6, Fridley Park; thence northerly along westerly line of said Lot 21 and its northerly extension a distance of 35 feet; thence deflect to the right in a southeasterly direction to its point of intersection with a point on the south line of said Lot 21, said point being 35 feet east of the point of beginning; thence west along said south line to the point of beginning. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. . PI-Io STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged bef re me this day of , 19 1 by - - , Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) ) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the teal property described in this instrument should be sent to(Include name and address of Grantee): i THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): i i (Official Publication) 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 Uni- versity Northeast on'vednes- day, march 11, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit, SP #87-03, by Christen- son Auto Body, Inc.,per Section 205.14.1,C.4 of the Fridley City Code,to allow a repair garage on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park: per Section 205.09.1, C, 10 of the Fridley City Code,to allow exterior storage of materials and equipment on Lots 25 through 29 together with 1/2 vacated alley, Block 6, Fridley Park; per Sec- tion 205.09.1, C, 4 of the Fridley City Code,to allow an automobile parking lot on Lots 25 through 29 together with 1/2 vacated alley, Block 6, Fridley Park, except that part of said Lots 28 and 29, Block 6. Fridley park described as follows: Beginning at the Northeast corner of said Lot 29; thence Southwester)y along the Northwesterly line of said Lot 29 to a point on said Northwesterly line distant 178.5 feet South- westerly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the North- westerly line of said Lot 12 and the some as extended South- westerly to the Northeast corner oaid Lot 29, and the North- wwerly line of said Lot 29; thence'Southeasterly parallel to the Northeasterly lines of Lots 12 and 13,Block 6,Fridley Park for a distance of 53 feet; thence Northeasterly parallel to the Northwesterly line of said Lot 29 to the Northeasterly line of said Lot 28 Block 6, Fridley Park; thence Northwesterly along the Northeasterly lines of said Lots 28 and,29 to the point of begin- ning,according to the map or plat thereollon file and of record in the office of the Register of Deeds in and for Anoka County, Minne- sota,thL same being 6501 and 6509 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the aboveil slated time and place. STEVE BILLINGS Chairman Planning Commission (Feb.23 h March 2,1987)-FR1D 2P. FUB IC HEARING B FORE `1iE PLANN ODMMISSION 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, March 11, 39817 in the Council Chamber at 7:30 p. m. for the purpose of: Consideration of a Special Use Permit, SP #87-03, by Christenson Auto Body, Inc. , per Section 205.14.1, C, 4 of the Fridley City Code, ',to allow a repair garage on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park; per Sectio 205.09.1, C, 10 of the Fridley City Code, to allow exterior storage of materials and equipment on Lots 25 through 28 together with 1/2 vacated alley, Block 6, FridleyPark; per Section 205.09.1, C, 4 of the Fridley City Code to allow an autcmobile parking lot on Lots 25 through 28 together with 1/2 vacated alley, Block 6, Fridley Park, except that part of said Lot 28, Block 6, Fridl y' Park described as follows: Beginning at the Northeast corner of said Lot 29, thence Southwesterly along the Northwesterly line of said Lot 29 to a point on said Northwesterly line distant 178.5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of said Lot 12 and the same as extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of said Lot 29; the e Southeasterly parallel to the Northeasterly lines of Lots 12 and 13, Block 6, Fridley Park for a distance of 53 feet; thence Northeasterly parallel to the Northwes ely line of said Lot 29 to the Northeasterly line of sa d�Lot 28, Block 6, Fridley Park; thence Northwesterly along the Northeasterly lines of said Lots 28 and 29 to the point of beginning, according to the map or plat thereof on f ile and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, the same being 6501 and 6509 East River Road N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. STEVE BILLINGS CHAIRMAN PLANNING O3MMISSION Publish: February 23, 1987 March 2, 1987 IVA'AI tia QI + t SActensen 8 7-0 3 I «""e a o^` x: )^ �' ,V f f• G f Pc� CYC) lro) s/�ilKs✓ c ,�`�� a ae S 7A 4 %+. QV .40 � 1} l �,o-� '• '\ �_ " � ,1 � tv � fid' 0D) _ ti� \ K \` JNA/.�}/ 1 -0 IY KN l'.D.15 Ir C �" .,ru s IFS q 1 SA LL RIC (n > ( id Y� .air.' �°) -�G (Y) t� "y,� -- -..� - — \. ``\•' ! ) � �\' PO" �'tl OF (�l) n _ a'L u 13 M / l� ta' ` '` `til . •� �,� Mr AV ..CN i �' ..:. .A.,. it X77) ��of wee A: AIA rMGi 19 Nos R•0. s �f � 41, 16 i (07 4 ssisstppi - 1 ' 7N�D1 LJ li 13 19 LOCATION MAP r PlamoFebruary 19, 1987 2B ° L t. Council !C.. SP #87-03 MAIL G LIST ZOA #87-01 Page 1 of 2 Christensen Auto Body Sha, -Ann Properties Michael Sichak Carl Christensen 3948 Central N.E. 71 - 65 1/2 Way N.E. 15684 Potawatomi Avenue N.W. Andover, MN 55303 Minneapolis, MN 55421 Fridley, MN 55432 Christensen Auto Body >Eal ks Redeemer Lutheran Church 6501 East River Road N.E. 655 r RoadN,E, 61 Mississippi Way N.E. Fridley, MN 55432 Fr , MN 5 2 Fridley, MN 55432 David Bender Ger ld Paschke Robert Andres 91 - 66th Way N.E. 627 University Avenue N.E. ��`"" ppi Place Fridley, MN 55432 Suite 202 eY. Fridley, MN 55432 John Mehall Cobert Andres 80 - 66th Way N.E. 33 8th Aven rth Fridley, MN 55432 660 East River . 3 Fr' , 55432 - Properties Inc. Roger Nawrocki 137 Mis p Place N.E. 90 - 66th Way N.E. Tyc n Management Inc. Fridley, DIN 55432 321 University Avenue SE Frid .� Minneapolis, MN 55414 Ch-Ox Properties Inc. Bryan Gerdin 91 - 65 1/2 Way N.E. East River Road Corporation 13562 Highway 65 N.E. Fridley, MN 55432 6550 East River Road N.E. Anoka, MN 55303 Fridley, MN 55432 Ace Supply Co, Inc. Donald Johnson N.E. 6600 Hickory Street N.E. Klaus Freyinger Fridley, MN 55432 132 Bohland Place 5 St. Paul, MN 55116 Richard Larson Ace Supply Co, Inc. 6580 Hickory Street N.E. Riverside Car Wash 3825 Edgewood Avenue South Fridley, MN 55432 6520 East River Road N.E. St. Louis Park, MN 55426 Fridley, MN 55432 Alfred Klous William Corcoran 6544 Hickory Street N.E. ell Olehefske 111 - 64 1/2 Way N.E. Fridley, MN 55432 166 TaFridley, MN 55432 - Charles Langer Eugene Hendricksen 6530 Hickory Street N.E, Michael Servetus Cemetary 2944 - 37th Avenue South Fridley, MN 55432 7170 Riverview Terrace N.E. Minneapolis, MN 55406 Fridley, MN 55432 �eneendrickson Dallas Hansen 12 i i P1 N.E. 6502 Hickory Drive N,E, Bruce Nordberg P Placa. N.E. MN 55432 656 Hickory Street N.E. Fridley, MN 55432 Edward Brooksfeiid Lewascko 6506 Hickory Drive N,E, Franz Flath 140 Missis Place N.E. Fridley, MN 55432 6570 Hickory Street N.E. Fridley, DSI 55432 Arlene Fernandes Lafond and Lewascko 95 Mississippi Way N.E, Sylvia Youmans 459 - 96th Avenue Fridley, MN 55432 81 65 1/2 Way N.E. Blaine, MN 55432 Fridley, rIN 55432 Z EO-L8# dS � I 2C SP #87-03 Page 2 of 2 ZOA #87-01 Christenson Auto Body Murphy Oil Corp. 6485 East River Road N.E. Fridley, MN 55432 Murphy Oil Corp, 2005 Jefferson Street El Dorado, AR 71730 June Sakry 121 - 64 1/2 Way N.E. Fridley, MN 55432 John Kinbler 80 Mississippi Way N.E. Fridley, MN 55432 Leo Carda 6443 East River Road N.E. Fridley, MN 55432 LeRoy Erlandson 60 Mississippi Way N.E. Fridley, MN 55432 I II a CITY OF FMI)LLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450•FAX (612)571-1287 June 19, 1990 Carl Christensen Christensen Auto Body 6501 East River Road N.E. Fridley, MN 55432 Dear Mr. Christensen: The City Council issued a special use permit to your property on April 18, 1988. I recently inspected your property located at 6501 East River Road N.E. , and the following items need to be completed: 1. Complete the landscaping on the north and west portions of the property by September 30, 1990. 2 . Install gates on the storage area by July 30, 1990. 3 . Remove the pile of concrete and stucco waste materials located north of the parking area by July 30, 1990. 4 . Construct baffle weir as depicted on grading plan dated February 2 , 1988, by September 30, 1990. 5. Regrade detention pond and #od by September 30, 1990. You indicated to me that you would finish backfilling along the masonry retaining wall by June 291, 1990. Failure to meet the above items violates the Fridley City Code and your special use permit. If you have any questions or concerns regarding this matter, please feel free to contact me at 571-3450. Sincerely, Michele A. McPherson Planning Assistant MM/dn cc: William Burns, City Manager C-90-362 COMIIDSSION APPLICATI(GI REVIEW Department umber File Date Meeting Date CITY OF Planning 7 2/13/87 3/11/87 FRIDLEY File Address/DescriptionSP #87-03 COMPLETE REVIEW CHECKLIST Christenson Auto Body - for repair garage, exterior storage and parking lot. RETURN TO PLANNING 2DARYL _ COMMENTS C, EBBIE Cao Y2__'3 -(vv_ 1:1i I M )E B B I E +Vt/�► ° ►�.� t r'�� We i � PJOHN1111 DEBBIE ODARREL DEBBIE ` zCLYDE DEBBIE ,F4MARK DEBBIE Lx� DEBBIE .r�� ©,iii .• ' 0���!; ,ILP J .1 4b 4 MORE ►' or VON11 q . . ,: ,, iiwii sly t� OI� r ,�► . �. . �' r..'►• �" Ikef O%r `. �h� �•�. �i�cs ;.rte� • ���C'��►���.�s.1�7�i►i�i� oil 1 01- _WIN NIP. low va16 r�f� �b��..►�aoao F .��: ®m �:�0 �►.�, .�-�� IONICR. 71W o© ammo o Mir aiapace a©�o IL wO. r lrljWfl� .1 J'.�{!'�• l pili 'j10 I!'.�R�.Yii SP #87-03 6E Christensen Auto CL Oalv���yW <�s7 7�2y►7j�� 2��W� Y� v : $ °JAW<Jd�Y �!oAa W",p- ,caaxsxg•to 0 uaWaa+auacv 2 �+! 1 � L ti ME . 6fW44--1a - O LW51DE �1�R. ON WT-5 Y.5- Z8� 4xi-Sri 7�PtlNC� tom-3 � • 4 -SI 1 5 D 'tet DN K-5 r—ofZ `Mm. ° o ` 2DIril-kiG� Z3 • • � \•�•'• +3I• ' •• '• • •• �••••• • • • • • • •• • • • • i•C •o •• • N • • ; • ;• • •y',• • ; ; , • • ' • • • r�'D KEw 14 N • :0. • • • \. 0 0 00 00 A X. DETAIL MAP r =—� �°y � '.?'�:• - - Y: . r_, r 21 t + i Tf a y� k JA AL 4j OR x tl t • r • yX • � r 1 � � 3 �� k �{ PLANNING COMMISSION MEETING, MARCH 11 1987 PAGF 5 UPON A VOICE VOTE, SVANDA, SABA, BILLINGS, AND K'bOTING AYE, BETZOLP AND KONDRICK VOTING NAY, CHAIRPE ON B GS DECLARED THE AMEND,'MT TO THE MOTION CARRIED BY A VOTE O UPON A VOICE VO , ALL VOTING AYE ODRI�GI ON „ CHAIRPERSON BILLINGS DECLARED THE WITH THE DELETION OF STIPULATION #5 CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-03, BY CHRISTENSEN AUTO BODY: Per Section 205. 4.1 , C, 4, of the Fridley City Coce to allow a repair garage on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park; per Section 205.09.1 , C, 10, of the Fridley City Code to allow exterior storge of materials and equipment on Lots 25 through 28 together with 1/2 vac:ted alley, Block 6, Fridley Park; per Section 205.09.1 , C,4, of the Frdley City Code, to allow an automobile parking lot on Lots 25 through 2t together with 1/2 vacated alley, Block 6, Fridley Park, except that part of said 'iLot 28, Block 6, Fridley Park described as follows: Beginning at the Northeast corner of said Lot 29, thence South- westerly along the Northwesterly line Of said Lot 29 to a point on said North- westerly line distant 178.5 fee Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, a measured along the Northwesterly line of said Lot 12 and the same as extended Southwesterly to the Northeast corner of said Lot 29, and the Northwes erly line of said Lot 29; thence South easterly parallel to the Northea terly lines of Lots 12 and 13, Block 6, Fridley Park for a distance of 5 Feet; thence Northeasterly parallel to the Northwesterly line of said Lot 29 to the Northeasterly line of said Lot 28, Block 6, Fridley Park; thence Northwesterly along the Northeasterly lines of said Lots 28 and 29 to the pointuof beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, the same being 6501 and 6509 East River Road N. E. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO WAIVE THE FORMAL RF,ADING OF THE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 8:19 P.M. Mr. Robinson stated this special use permit had three-fold uses: (1 ) for a repair garage; (2) for outside storage; and (3) for parking on residential land adjacent to the principle use. The special use permit was for Lots 23-28 and did not include Lot 29 which was a cemetery lot and did not need to be included. Mr. Robinson stated Staff was recommending the following stipulations: 1 . Special use for repair garage is issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehicles, is allowed outside the building on Lots 21-29. 2. Petitioner to install two new down draft filter systems to minimize odors from painting operations. i • PLANNI14G COMMISSION MEETING, MARCH 11 , 1987 PAGE 6 / 3. Hours of operation for repair garage activities limited to 7 a.m. to 6 p.m. , Monday through Friday, and 9 a.m. to 5 p.m. Saturdays. 4. Special use permit for repair garage is subject to approval of rezoning to C-2, general business, on Lots 23 and 24. 5. Special use for outside storage is issued for storage associated with the principle use on Lots 21 through 24 only for present and subsequent owners. 6. Storage yard shall be fully screened with a solid 8 ft. hicah cedar screening fence with opaque gates. Northerly-most gate to be closed when not moving vehicles. 7. Cars which are leaking fluids will be drained prior to storage. 8. Special use for vehicle parking is for customer and employee parking associated with principle use on Lots 21-24 only for present and subsequent owners. No storage of damaged cars or parts allowed outside of building or storage yard. 9. Parking and storage area will be constructed in a manner which respects the existing cemetery, and saves all existing trees not located in future paved areas. 10. Lot 29 to remain as green area to provide buffering and an access easement to the cemetery. 11 . Two driveways allowed onto East River Road only, others to be closed. Mr. Christensen stated he questioned stipulation #3 regarding the hours of operation. He asked fir. Robinson what the hours were that were stipulated in 1981 when he expanded his facility the first time. Mr. Robinson stated that in 1981 , the hours were specified as 7 a.m. to 10 p.m. No days were specified. fir. Robinson stated he felt with the expansion of the facility and the fact that these were the existing hours of operation that it seemed reasonable and good rationale to have these hours applied to the special use permit. Mr. Christensen stated he did not want to be locked into those hours. lie stated many times in the winter, they get so busy they have to work later hours and sometimes have to come in a little earlier in the morning. In order to stay on a schedule for prepping, drying time, and painting cars , they sometimes have to stay an hour or so later at night to get the car to the point where it can dry overnight. He could not think of any time when lie has stayed open until 10 p.m. ; however, he has been open until 9 p.m. He would like to have the flexibility to be able to stay until 10 p.m. if he would need to in order to stay on production schedule. He didn't want to 'De put into the position where he would have to stop work when he only had 1/2-1 hr. of work left. He would like the stipulation to be amended to stay at the hours specified in 1981 . L R PLANNING COMMISSION MEETING, MARCH 11 , 1987 PAGE 7 Mr. Christensen stated he felt he has run a good business and has been a - good neighbor. He has had no problem with the neighbors in the past, and he saw no reason to change the hours when there have been no complaints. He stated the two neighbors most affected were the Langer's and the Brooks' and they were both at the meeting to represent themselves. . Both Mr. Langer and Mr. Brooks indicated they have never had a problem with Mr. Christensen's hours of operation. Mr. Langer stated Mr. Christensen had never abused the hours of operation. Mr. Betzold stated he would recommend they leave the hours as specified in 1931 , but stipulate that the Staff review the hours of operation to see if there was a problem in one year. Mr. Robinson stated he would be in favor of Mr. Betzold 's suggestion. MOTION BY MR. SABA, SECONDED BY MS. SHEREK, TO CLOSE THE PUBLIC HFARING. UPON A VOICE. VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 8:32 P.M. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP X187-03, BY CHRISTENSEN AUTO BODY, WITH THF, FOLLOWING STIPULATIONS: 1. SPECIAL USE FOR REPAIR GARAGE IS ISSUED FOR REPAIR AND REFURBISHING OF AUTOMOBILES WITHIN THE EXISTING AND PROPOSED STRUCTURE ONLY. NO OUTSIDE WORK, OTHER THAN MOVING OF VEHICLES, IS ALLOWED OUTSIDE OF BUILDING ON LOTS 21-29. 2. PETITIONER TO INSTALL TWO NEW DOWN DRAFT FILTER SYSTEMS TO MINIMIZE ODORS FROM PAINTING OPERATIONS. 3. HOURS OF OPERATION FOR REPAIR GARAGE ACTIVITIES LIMITED TO 7 A.M.. TO 10 P.M. MONDAY THROUGH SATURDAY, SUBJECT TO FURTHER REVIEW BY CITY STAFF IF THERE IS A PROBLEM. 4. SPECIAL USE PERMIT FOR REPAIR GARAGE IS SUBJECT TO APPROVAL OF REZONING TO C-2, GENE BUSINESS, ON LOTS 23 AND 24. 5. SPECIAL USE FOR OUTSIDE STORAGE IS ISSUED FOR STORAGE ASSOCIATED WITH THE PRINCIPLE USE ON LATS 21 THROUGH 24 ONLY FOR PRESENT AND SUBSEQUENT OWNERS. 6. STORAGE YARD SHALL BE F'LLY SCRF,ENED .WI^_u A SOLID 8 FOOT HIGH CF,DAn SCREENING FENCE WITH OP40UE GATES. NORTHERLY-MOST GATE TO BE CLO.rED WHEN NOT MOVING VEHICLE . 7. CARS WHICH ARE LEAKING LVIDS WILL BE DRAINED PRIOR TO STORAGE. 8. SPECIAL USE FOR VEHICLE PARKING IS FOR CUSTOMER AND EMPLOYEE, PARKING ASSOCIATED WITH PRINCIPLE USE ON LOTS 21-24 ONLY FOR PRF,SENT AND SUBSEQUENT OWNERS. 170 STORAGE OF DAMAGED CARS OR PARTS ALLOWED OUT- SIDE OF BUILDING OR STO GE YARD. 9. PARKING AND STORAGE ARE4 WILL BE CONSTRUCTED IN A MANNER WHICH RESPECTS THE EXISTING CEMETERY AND SAVES ALL EXISTING TREES NOT LOCATED IN FUTURE PAVED AREAS. 10. LOT 29 TO REMAIN AS G;;N AREA TO PROVIDE BUFFERING A17D AN ACCESS %ASEMENT TO THE CEMETERY. 11. n-O DRIVEWAYS ALLOWED O TO EAST RIVER ROAD ONLY, OTHF,RS TO BE CLOSED. � 4 PLANNING C9111ISSION MEETING, MARCH 11 , 1987 PAGE 8 UPON A 170ICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE _MOTION CARRIED UNANIMOUSLY. Por. Robinson stated the rezoning, special use permit, and variances would all to to City Council on April 6. 3. CONSIDERATION OF APPROVAL OF THE HUMAN RESOURCES COMMISSION WORKPLAN FOP, 1936-1987: MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO APPROVE THE HUMAN RF OURCES COMMISSION WORKPLAN FOR 1986-1987 AND FORWARD IT ON TO THE CITY COUN L. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED HE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE FEBRUARY 2, 1987, PARKS & RECREATION COMMISSION P1IP TES: MOTION BY MR. KONDRICK, SECONDED BY MP.. SVANDA, TO RECE E THE FEB. 2, 1987, PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BI INGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE FEBRUARY 5, 1987, HUMAN RESOURCES C MISSION MINUTES: MOTION BY MS. SHEREK, SECONDED BY MR. B ZOLD, TO RECEIVE THF, FEB. 5, 1987, HUNAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE FEBRUARY 12, 1987, H SING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. SABA, SECON ED BY MR. KONDRICK, TO RECEIVE THE FEB. 12, 1987, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, L VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUS 7. RECEIVE FEBRU 24 1987, ENERGY COMMISSION MINUTES: MOTION BY . SABA, SECONDED BY MR. KONDRICK, TO RECEIVE THF. FEB. 24, 1987, ENERGY C MISSION MINUTES. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CA IED UNANIMOUSLY. (Offic at Publication) PUBLIC t EARING BEFORE THE ITY COUNCIL NOTICE IS HEREBY GIVEN that there will be i Public Hearing of the City Council i f the City of Fridley in the City Hall it 6431 University Ave- nue Northeast on Monday, April 6, 1987 in the Council Chamber at 7:30 p.m.for the p arpose of: Consider tion of a Rezoning, ZOA#87-01 by Christenson Auto Body, Inc., to rezone from R-3, General Multiple Dwelling, to C-2,Generz I Business,on Lots 23 and 24 toile her with 1/2 vacated alley,Blocl 6.Fridley Park,ac- cording to 11 he plat thereof on file and of record to the office of the County Ro corder in and for Anoka Co nty, Minnesota, the same being 6501 East River Road N.E. Any and at persons desiring to be heard shall bf given an opportunity at the above sta ed time and place. WILLIAM J.NEE Mayor (March 3&30,1987)-FRID FR MLEY CITY CXXjNCIL M ETnU OF APRIL 4 1988 Costello house parcel equals 17) . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, yor Nee declared the motion harried unanimously. �// 4. OONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A RE ONING, ZOA #87-01, TO REZONE FROM 1-3, GENERAL MULTIPLE, TO C-2, GENERAL l$USINESS, ON LOTS 23 AND 24 TOGF= WITH HALF VAC= ALLEY, BLACK 6, PARK, THE SAME BEING 6501 EAST RIVER ROAD N. ., BY CHRISTENSEN AUTO: Mr. Robertson, Community Developme t Director, stated t ere has been some concern regarding the amount of easement provided for e landscaping on the corner. He stated the Planning Ccmmissicn originall recommended 25 feet and when the landscaping was completed, staff rec ended this should be increased to 35 feet. Mr. Christensen, the petitioner, stated the st for a 35 foot easement for landscaping was brought to his attention oday. He stated he has a concern regarding his sign placement as it ab s the triangle. Dir. Herrick, City Attorney, stated he didn' t believe the sign was incompatible with the landscap'ng eas ent and that it shouldn' t be a problem. MOTION by Councilman Fitzpatrick waive the reading and approve the ordinance upon first reading wit the following stipulations: (1) petitioner to submit a storm drair plan for staff approval with Council approval contingent upon staff an Rice Creek Watershed District approval of plan; (2) petitioner to submit landscape plan which is consistent with existing landscape elements. 1 landscaping to have automatic sprinkling; (3) building facade to be con stEnt with design and materials of existing structure. East side of exi ting and proposed building to be painted to match stucco; (4) Lots 21 ough 29 to be combined into one tax parcel prior to building permit (5) nEw fencing on easterly lot line to have finished side toward res' es; 'sting fencing to have new boards added to residence side; (6) titioner tosupply a seven foot easement all along East River Road for purposes snow storage and signage placement prior to publication of ng ordina ce; (7) petitioner to supply a 35 foot triangular easement at the corner of Mississippi Street and East River Road for public landsc ping and/oro her urban design improvements prior to publication of oning ordinance and (8) provide appropriate access and parking easemen to accommodate cemetery visitors. Seconded by Councilman Schneider. n a voice vote, al voting aye, Mayor Nee declared the motion carried unan' ly. 5. CONSIDERA ON OF A VARIANCE, V #87-05, TO REDUCE THE SETBACK FROM A RESIDENT DISTRICT BOUNDARY LINE FROM 50 FEET TO 11 FEET TO ALLOW AN EXISTIW,IIBUILDIW,, ALONG WITH ITS EXPANSION, TO COMPLY WITH CODE; TO REDUCE THE SqAENING STRIP BETWEEN AN R-1, SINGLE FAMILY AND AN R-3, GENERAL MULTI DISTRICT FROM 15 FEET TO 0 FEET; TO REDUCE THE SCREENING STRIP BE7W5nN AN R-1, SINGLE FAMILY AND C-2, GENERAL BUSINESS DISTRICT FROM 15 TO 0 FEET, THE SAME BEING 6591 EAST RIVER ROAD N.E. , BY CHRISTENSEN 15- FRIDr,F'ti' CITY CXMCIL MEETIM OF APRIL 4, 1988 Mr. Robertson, Community Development Director, statedthese ariances are requested for the property at 6501 East River Road, istensen Auto Body. He stated the variances are to reduce the setback frau a residential district boundary line from 50 to 11 feet; to reduce the screening strip between an R-1 and R-3 district from 15 to.0 feet; and to reduce the screening strip between an R-1 and C-2 trict from 15 to 0 feet. He stated the hardship cited was th arrowness of the lot makes it economically unfeasible to develgp ots with setbacks, and the existing building is presently set back, -I-f feet frau the property line. Mr. Robertson stated th�Appeals Commission reviewed this variance request on March 3, 1987 reco v--nded approval of these variances. M7TTON by ilman Fitzpatrick to grant these variances, VAR #87-05, for Christ en Auto Body, 6501 East River Road. Seconded by Councilman Sc er. Upon a voice vote, all voting aye, Mayor Nee declared the motion ca--.fried unanimously. 6. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-03, TO ALLOW A REPAIR GARAGE ON LCIS 23 AND 24 'TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIP= ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW AN AUT'OMOBILE PARKING LCT ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, EXCEPP THAT PART OF LOT 28, BLOCK 6 , FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY CHRISTENSEN AUTO: Mr. Robertson, Community Development Director, stated this special use permit involves allowing a repair garage, with exterior storage of materials and equipment, and allowing an autcmohile parking lot on residential land adjacent to the principal use. He stated the special use permit involves Lots 23 through 28, but not Lot 29 which is used for a cemetery. Mr. Robertson stated the Planning Ccnmission at their March 11, 1987 meeting reccmrended approval of this special use permit with 11 stipulations as shah on Page 6F of the agenda. MVFION by Councilman Fitzpatrick to grant special use permit, SP #87-03, with the followving stipulations: (1) special use for repair garage is issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehicles, is allowed outside of the building on Lots 21-29; (2) petitioner to install two new dam draft filter systems to minimize odors from painting operations; (3) hours of operation limited to 7:00 a.m. to 10:00 pm. subject to review by Planning C nTrdssion should there be neighborhood complaints; (4) special use permit for repair garage is subject to approval of rezoning to C-2, General Business, on Lots 23 and 24; (5) special use for outside storage is issued for storage associated with the principal use of Lots 21 through 24 only for present and subsequent owners; (6) storage yard shall be fully screened with a solid eight foot high cedar screening fence with opaque gates. Northerly most gate to be closed when not moving vehicles; (7) cars which are leaking fluids will be drained prior to storage; (8) special use -16- FRIDLEY CITY aXJNC1L MEE'TDU OF APRM 4, 1988 for vehicle perking is for custan r and employee parking associated with principal use on Lots 21 through 21 only for present and subsequent owners. No storage of damaged cars or part allowed outside of building or storage yard; (9) parking and storage are will be constructed in a manner which respects the existing cemetery, saves all existing trees not located in future paved areas; (10) lot 29 t remain as green area to provide buffering and an access easement to the cem text'; and (11) two driveways allowed onto East River Road only, others tbe closed. Seconded by Councilman Schneider. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF SET'T'ING A PUBLIC HEARING FOR AN ORDINANCE AMENDING SECTION 2.03 OF THE FRIDLEY CI'T'Y CHARTER: i MOTION by Councilman Billings to table this item until thw Charter CmTnission campletes its study of the Charter and reccuuends other changes. Seconded by Councilman Schneider. Upon a voice vote, all voti�g aye, Mayor Nee declared the motion carried sly. 8. ITEM FROM THE PLANNIM ODMMISSION MINUTES OF MARCH 9, 19 g: A. CONSIDERATION OF A SPECIAL U PERMIT, SP #88-03//TO A110W RETAIL SALES OF MJBILE HONE R.V. PARTS AND,ACCESSORIES; TO ALLOW EXTERIOR STORAGE OF MATERI.ALS AND EQCIR4a1T ON LOT 1, BLOCK 1, HERAIAL RICE CREEK ZaaACE, THE SAW BEING 6400 CENTRAL AVENUE N.E., BY FRANK Mr. Robertson, Canmunity Develo nt Dir tor, stated this request is for a special use permit to allow some ret ' sales in an industrial area and allow outside storage located wi n fenced storage yard. He stated the Planning Ccrmdssion reviewed the est on March 9 , 1988 and recommended approval with stipulations. He s ted staff has made same changes to these stipulations to make them more cific. Councilman Fitzpatrick ask if i was clear there wouldn' t be any storage of vehicles for sale. Nh'. rt on stated this could be clarified in the stipulations. Councilman Billings quested anexplanation of stipulation No. 6. Mr. Robertson stated at the time the ner initiates the camper business, or prior to March, 1 9, this species use permit for outside storage will be reviewed in or er to cover the problem the Council is concerned about whether there '11 be visible di lay of vehicles for sale. Mr. Kitterman, owner of th property, stated 'n regard to stipulation No. 10, it is basically what they have agr He stated the property has high and lav points an there are score resi tial properties behind. He stated there is no way et' could absolutely pr ide an area f or the campers where they would t be seen over the fence. He stated from the street side, the eight foot ence should provide adequate screening so the campers would not be vis' le. incilman Fitzpatrick stated hic concern is not with campers behind the -17- FR MLEY CITY MUNCIL MMMM OF APRIL 4, 1988 fence, but any displays out in front of the building. Mr. Herrick, City Attorney, felt a stipulation could be added stating all retail sales and storage shall be within the fenced area. A lady in the audience stated she had a concern about vehicle %outside the storage area and asked if recreation vehicles would be intained and repaired on this site. / Mr. Kitterman stated if they enlarge the business and sel campers, he felt they would need to service those units. He stated any ervicing would be done inside, with no work outside the building. The question then arose if Mr. Kitterman would be rating a garage. Mr. Robertson stated this special use permit is for ou side storage only. Mr. Herrick, City Attorney, stated this partic ar special use permit is only for outside storage. He stated if Mr. Kitterman is going to have various businesses going on within the b lding, it is up to staff to determine if the use is permitted within th zoning and whether any special use permits are required. He stated he d esn' t believe this special use permit covers any activity except to all the outside storage and if there is to be a repair garage or auto servic' g, another special use permit would be required. NDTION by Councilman Schneider to t special use permit, SP #88-03, with the following stipulations: (1) r sign parking lot with concrete curb and gutter, striping and setbacks as ndicated on City plan dated January 26, 1988; (2) install automatic spr' ing, berming and landscaping as indicated on City plan dated January 26, 988; (3) install decorative eight foot high fence along east of storage d as indicated on City plan dated January 26, 1988; (4) install new eight cot high decorative fence setback ten feet from west property line and pl t trees 30 feet on center in said setback; (5) refurbish north, south west fence adding slats and vines as needed and approved by staff; (6) ial use for outside storage to be reviewed prior to such time as owner 'nitiates camper business or prior to March, 1989 whichever cones first (SUP lapses if not used within one year) ; (7) owner to work with City to ign an acceptable building facade upgrading plan; (8) noise to be mana.g to minimize ze adverse impact on adjacent property; (9) storage area ligh ing should provide for cut off at property lines; (10) no storage will ext d above the fence so as to be visible from grade level outside ofyar ; (11) all landscaping and site work to be completed by October 1, 19 ; and (12) a performance bond or letter of credit for $20,000 to besubmit ed prior to initiating activities covered by the special use permit. onded by Councilwoman Jorgenson. NDTION Councilman Schneider to amend stipulation No. 6 as follows: (6) special use far outside storage to be reviewed prior to such time as owner initi es camper business or prior to March, 1989 whichever canes first and each ix months thereafter until March, 1991 (SUP lapses if not used within one ear) and to add stipulation No. 13 as follows: all outdoor display and re it sales and storage shall be within the fenced area. Seconded by -18- STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS 71? Z r COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Special Use Permit, SP #87-03 SPECIAL USE PERMIT Christensen u , Owner The above entitled matter came befoe the City Council of the City of Fridley and was heard on the 4th day of April , 19--3—8 , on a petition for a special use permit p rsuant to the City of Fridley' s Zoning Ordinance, for the following descri ed property: To allow a repair garage on Lots 230d 24 together with half vacated alley, Block 6, Fridley Park; to allow ex erior storage of materials and equipment on Lots 25 through 28 together witha1f vacated alley, Block 6, Fridley Park; to allow an automobile parkin lot on Lots 25 through 28 together with half vacated alley, Block 6, Fridle Park, except that part of said Lot 28, Block 6, Fridley Park described as ollows: Beginning at the Northeast corner of said Lot 29, thence Southesterly along the Northwesterly line of IT IS ORDERED that a special use p rmit be granted as upon the following conditions or reasons: See City Council minutes of April 4 1988 - 11 stipulations. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk f r the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have here nto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the li'- day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 4ct- 0-&— SHIRLEY A. AAPALA, CIT CLERK_ t said Lot 29 to a point on said Northwesterly line distant 178.5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of said Lot 12 and the same as extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of said Lot 29; thence Southeasterly parallel to the Northeasterly lines of Lots 12 and 13, Block 6, Fridley Park for a distance of 53 feet; thence Northeasterly parallel to the Northwesterly line of said Lot 29 to the Northeasterly line of said Lot 28, Block 6, Fridley Park, thence Northwesterly along the Northeasterly lines of said Lots 28 and 29, to the point of beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, the same beng 6501 and 6509 East River Road N.E. FRIDLEY CITY Q7UING OF APRIL 4, 1988 • Mr. Robertson, 4cmim pity Development Director, stated these three variance are requested for the property at 6501 East River Road, Christensen Ito Body. He stated the variances are to reduce the setback from a re ential district boundary line from 50 to 11 feet; to reduce the s ening strip between an R-1 and R-3 district from 15 to 0 feet; pmtT to reduce the screening strip between an R-1 and C-2 district am 15 to 0 feet. He stated the hardship cited was; the narro ss of the lot makes it economically unfeasible to develop lots setbacks, and the existing building is presently set back 11 ran the property line. Mr. Robertson stated the s Carmissicn reviewed this variance request on March 3, 1987 and ded approval of these variances. M -FION by Co Fitzpatrick tgrant these variances, VAR #87-05, for Crsiste n Auto Body, 6501 Easlt River Road. Seconded by Councilman Sc ceder. Upon a voice vote, all voting aye, Ibyor Nee declared the motion rried unanimously. 6. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-03, TO ALLOW A REPAIR GARAGE ON LOT'S 23 AND 24 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6 , FRIDLEY PARK; TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIP= ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW AN AUTONDBILE PARKING LCT ON LOTS 251 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLE.'Y PARK, EXCEPT THAT PART OF LOT 28, BLOCK 6 , FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY CFRISTENSEN AUTO: Mr. Robertson, Community Develoent Director, stated this special use permit involves allowing a repair garage, with exterior storage of materials and equipnent, and allowing an autianabile parking lot on residential land adjacent to the principal use. He stated the special use permit involves Lots 23 through 28, but not Lot 29 which is used for a cemetery. I Mr. Robertson stated the Planning Ccumission at their Mx-rch 11, 1987 greeting recommended approval of this special use permit with 11 stipulations as shaver_ on Page 6F of the agenda. M?TION by Councilman Fitzpatrick to grant special use permit, SP #87-03, with the following stipulations: (1) special use for repair garage is issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehicles, is allowed outside of the building on Lots 21-29 ; (2) petitioner to install two new dawn draft filter systems to nimize odors from painting operations; (3) hours of operation limited to 7:00 a.m. to 10:00 pm. subject to review by Planning Camir�ission should the e be neighborhood complaints; (4) special use permit for repair garage is ubject to approval of rezoning to C-2, General Business, on Lots 23 and 4; (5) special use for outside storage is issued for storage associated wi the principal use on Lots 21 through 24 only for present and subsequent ers; (6) storage yard shall be fully screened with a solid eight foot high cedar screening fence with opaque gates. Northerly most gate to be'Iclosed when not moving vehicles; (7) cars which are leaking fluids will be ained prior to storage; (8) special use -16- FRIDLE.'Y CITY COUNCIL MING OF APS 4, 19 38 for vehicle parking is for custane and employee parking associated with principal use on Lots 21 through 2 only for present and subsequent owners. No storage of damaged cars or part allowed outside of building or storage yard; (9) parking and storage area will be constructed in a manner which respects the existing canetery, and saves all existing trees not located in future paved areas; (10) lot 29 to resin as green area to provide buffering and an access easement to the cemetery; and (11) two driveways allowed onto East River Road only, others to be closed. Seconded by Councilman Schneider. Upon a voice vete, all voting aye Mayor Nee declared the motion carried unanimously. 7. QONSIDERATION OF SETTING A PUBLIC HEARING FOR AN ORDINANCE AMENDING SE ION 2.03 OF THE FRIDLEY CITY CHARTER: MYJTION by Councilman Billings to table this it/votig rter C�rLLssion completes its study of the Charter and reges. Seconded by Councilman Schneider. Upon a voice veteMayor Nee declared the motion carried tu�nimously. 8. =1FROM. THE PLANNII� COWISSION MINLTI'ES OF MARCH 9A. CONSIDnEMTION OF A SPECIAL USE PERMIT, SP #88-03 RE'T'AIL SALES OF =LE HOME AND R.V. PARTS AND CCESSORIES; TO ALLOT EXTERIOR STORAGE OF nTERLkLS AND PmENP ON LOT 1, BLOCK 1, HET;WAL RICE CREEK TERRACE, THE BEING 6400 CENTRAL AVENUE N.E. , BY FRANK RITI'ERMAN: Mx. Robertson, Canmzdty Devel t Dir or, stated this request is for a special use permit to allow some retai sales in an industrial area and allow outside storage located wi n fenced storage yard. He stated the Planning Ccrnussion reviewed the est on March 9 , 1988 and recommended approval with stipulations. He s ted staff has made some changes to these stipulations to make them more cific. Councilman Fitzpatrick asked if i� was clear there wouldn' t be any storage of vehicles for sale. Mr. rt on stated this could be clarified in the stipulations. Councilman Billings ested anlexplanation of stipulation No. 6. Mr. Robertson stated a the time the ner initiates the camper business, or prior to March, 9, this spe d use permit for outside storage will be reviewed in o er to cover the problem the Council is concerned about whether there '11 be visible di lay of vehicles for sale. Mr. Kitterman, owner of t e property, stated n regard to stipulation No. 10, it is basically o what they have agreed. He stated the property has high and low points d ta here are sane residential properties behind. He stated there is no they could absolutely pr ide an area for the campers where they not be seen over the fence. He stated frac. the street side, the eight f t fence should provide adequatescreening so the campers would not be isible. Cbuncilman Fitzpatrick stated his concern is not with campers behind the 17- 808631 N.-mericalr Gi Zif ltor Grantee Rocorded Checked Margin Tr. index • OFFIM Cc COUNTY RECOROER STATE OF MIP NES IA,C00TY OF ANOKA I hereby card t,u, the within instru- ment was fled ir! this office for record or, th MAY ` Y 4 1988 A ;m+vas duly recorded ,��- -• gid"Cw17ry P.eccrder By f l oep,ty City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dept: Community Development t C - YOF F DLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 TTJ COUNCIL Carl E. Christensen April 18, 1988 6501 East River Road N. E. Fridley, MN 55432 On April 4, 1988 the Fridley City uracil officially approved your request for a Special Use Permit, SP #87-03 to allow a repair garage on Lots 23 and 24 together with half vacated alley, Block 6, Fridley Park; to allow exterior storage of materials and equipnent 3n Lots 25 through 28 together with half vacated alley, Block 6, Fridley Parc; to allow an automobile parking lot on Lots 25 through 28 together with h f vacated alley, Block 6, Fridley Park, except that part of Lot 28, Block , Fridley Park, the same being 6501 East River Road and 6509 East River Road with the following stipulations: 1. Special use for repair garage i issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehi es, is allowed outside of the building on Lots 21 through 29. 2. Petitioner to install two new dlown draft filter systems to minimize odors from painting operations. 3. Hours of operation limited to : 00 a.m. to 10: 00 p.m. subject to review by Planning Commission should there be neighborhood complaints. (Modified by Planning Com, ission March 11, 1987) 4. Special use permit for repair carage is subject to approval of rezoning to C-2, General Business, on Lots 23 and 24. 5. Special use for outside stora is issued for storage associated with the principle use on Lots 21 thr ugh 24 only for present and subsequent owne r s. 6. Storage yard shall be fully screened with a solid eight foot high cedar screening fence with opaque gates. Northerly most gate to be closed when not moving vehicles. 7. Cars which are leaking fluids ill be drainage prior to storage. 8. Special use for vehicle parki g is for customer and employee parking associated with principle use on Lots 21 through 24 only for present and subsequent owners. No storage of damaged cars or parts allowed outside of building or storage yard. Carl E. Christensen April 18, 1988 • Page 2 9. Parking and storage area will constructed in a manner which respects the existing cemetary, and sav s all existing trees not located in future paved areas. 10. Lot 29 to remain as green 'a ea to provide buffering and an access easement to the cemetary. 11. Two driveways allowed onto E River Road only. Others to be closed. If you have any questions regar' ing the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Pl ann'ng Department by May 2, 1988. Concur with action taken � I DECLARATION OF EASEMENT THIS AGREEMENT made and declared this day of August, 1988 by CARL E. CHRISTENSEN and CAROL L. CHRISTENSEN, husband and wife (hereinafter "Declarants") . CITALS FIRST: Declarants are the fee owners of the following described property situated in Anoka County, Minnesota, hereinafter referred to as the Easement Parcel, to-wit: Parcel 1: Lots 26 and 27 in Block 6, Fridley Park. Parcel 2 • Lots 12 and 13 , in B1 ck 6, Fridley Park, except that part lying Northeast rly of the following described line: Beginning at point on the Northwest line of said Lot 12 , distant 111. 0 feet Southwesterly of the Northeast corner of s id Lot 12 , thence Southeasterly to a point on the Southeasterly line of said Lot 13 , distant 110. 0 feet outhwesterly of the Southeast corner of said Lot 13 and there terminating, according to the plat thereof or file or of record in the office of the Register of Dee sof said Anoka County. Lots 28 and 29, Block , Fridley Park, except that part of Lots 28 and 29 described as follows: Beginning at Northeast corner of s id Lot 29, thence Southwesterly along Northwesterly 1 ne of said Lot 29 to a point on said Northwesterly 1 'ne 178 . 5 feet Southwesterly of Northeast corner of L t 12, said Block 6 (As measured along Northwesterly ine of said Lot 12 and its Southwesterly extensi n and Northwesterly line of said Lot 29 ) thence Southeasterly parallel with Northeasterly lines of said Lot 12 , 53 feet thence Northeasterly parallel with Northwesterly line of said Lot 29 to Northeasterly line of said Lot 28, thence Northwesterly along Northeasterly lines of said Lots 28 and 29 to the point ofbeginning. SECOND: There is situ ted adjacent to the Easement Parcel a tract of land used and dedic ted for private cemetery purposes, located in Anoka County, Minneso a, and hereinafter referred to as the "Cemetery Parcel", to-wit: That Part of Lots 28 a d 29, Block 6, Fridley Park, described as follows: Beginning at Northeast corner of said Lot 29, thence Sou hwesterly along Northwesterly line of said Lot 29 to la point on said Northwesterly line 178 . 5 feet Southwesterly of Northeast corner of Lot 12 , said Block 6 (A5 measured along Northwesterly line of said Lot 12 and its Southwesterly extension and Northwesterly line of said Lot 29) thence Southeasterly parallel with Northeast rly lines of said Lot 12 , 53 feet thence Northeaster y parallel with Northwesterly line of said Lot 29 to ortheasterly line of said Lot 28 , thence Northwesterl along Northeasterly lines of said Lots 28 and 29 to t e point of beginning. THIRD. The Easement P rcel is subject to an easement for access to the Cemetery Parcel, hereinafter referred to as the "Alternative Easement" which li s over and across the following described portion of the Easement arcel: All that part of the N rthwesterly 15 feet of Lot 29, Block 6, Fridley Park lying Southwesterly of the following described lin Beginning at a point in the Northwesterly line of said Lot 29 distant 178 . 5 feet Southwesterly of the Northeast corner of Lot 12, Block 6, Fridley Park, as measured along the Northwesterly line of Lot 12 , Block �6, Fridley Park, and the same extended Southwesterly to the Northeast corner of said Lot 29, and the Northwesterly line of Lot 29 ; thence Southeasterly along a line parallel with the Northeasterly lines of ,said Lots 12 and 13 , Block 6, Fridley Park, for a distance of 53 feet, and there terminating. FOURTH. The CemeteParcel is owned by the Michael Servetus Unitarian Society, a Minlesota corporation. FIFTH. Declarants w sh to dedicate an easement over portions of the Easement Parce for the purpose of creating an easement for access to the C etery Parcel and common driveway purposes to supplement and replac the existing Alternative Easement. GRANT OF EASEMENT NOW, THEREFORE, the following perpetual easement is hereby declared to exist and shall run With and bind the Easement Parcel for the benefit of the Cemetery Parcel, together with all the rights, obligations and agreements contained herein. 1. Grant and Locatio of Easement. An easement over and across those portions of theEasement Parcel which may now or hereafter constitute a contiguo s parking lot or parking area both abutting upon the Cemetery Parce and having access to the East River Road. 2 . Duties of Declarant Nothing herein shall impose upon Declarants a duty to set aside, in tall, dedicate or improve a parking lot or parking area which shall bo h abut upon the Cemetery Parcel and have access to the East River R ad so as to afford access to the Cemetery Parcel. The rights cre ted hereby shall be limited to the right to utilize such parking lot or area upon the Easement Parcel to obtain access to the Cemetery Parcel to the extent that, from time to time, the same shall exist upon t e Easement Parcel. Nothing herein shall create a duty upon Declarant or their successors and assigns to set aside any reserved parkingCemear a for the use of the heirs of the decedents buried within the t ry Parcel or to improve or maintain such parking area subsequent to it original construction. 3 . Termination of Eas Ment. The easement created hereby shall terminate upon the occurrenc of any of the following: (a) At such time as thelCemetery Parcel shall cease to be used for the internment o human remains and all remains shall have been removed therelfrom: or Ii (b) There shall cease to be a contiguous parking area upon the Easement Parcel having access to the East River Road and abutting upon the Cemetery Parcel so as to be usable for access thereto; or (c) Declarants, their, successors or assigns, shall file a Declaration of Termination of Easement terminating the easement created hereby, jprovided, that the Alternative Easement shall then be usab e for pedestrian and vehicular ingress and egress to and fr m the Cemetery Parcel. 4 . Common Use. The e sement hereby created and dedicated shall be used in common for the se and benefit of both the Easement Parcel and the Cemetery Parcel a d shall run with the land. To the extent that access is not hindere to the Cemetery Parcel, Declarants, their successors and assigns, sha 1 have the right to move curb cuts, parking islands , isles , lane curbing and to alter parking configurations upon the Easemen Parcel at such times and in such fashion as Declarants, their suc essors and assigns, shall, in their sole discretion, determine. 0 5. Reserved or Restricted Parking. Declarants, their successors and assigns, shall hav the right to promulgate rules and regulations for the use of the pailking areas upon the Easement Parcel and to designate exclusive or re tricted parking areas, the use of which may be restricted solely to wners, tenants, guests and invitees of the Easement Parcel and from) which the heirs of the decedents buried within the Cemetery Parcell may be excluded. The size and configuration of such restricted p rking area may be altered, moved or expanded from time to time by Declarants, their successors and assigns, without notice or consent from any party. CARL CHRIS N - CARO C11RISTENSEN STATE OF MINNESOTA ) --� ) ss COUNTY OF Gh1Se ) The foregoing instrument was acknowledged before me this day of August, 1988, by Carl E. Christensen and Carol L. Christensen, husband and wife. /'4 ROY A. SJOBERG Z r NOTARY ►Ut11C-MINNESOTA _ \ RAMSEY COUNTY v M commission expires Fob.17,1990 Notary Public Y THIS INSTRUMENT WAS DRAFTED BY: SJOBERG LAW OFFICE 400 Sibley Street, Suite 290 St. Paul, Minnesota 55101 (612) 227-3433 , 6F 0 X37-03 CHRISTEqbEN PIJTU BUOY 6509 EPST R I VER I-,IAD 1 , SPECIAL USE FOR REPAIR GARAGE IS ISSUED FOR REPAIR AND REFURBISHING OF AUTOMOBILES WITHIN THE EXISTING AND PROPOSED STRUCTURE ONLY. NO OUTSIDE WORK, OTHER THAN MOVING OF VEHICLES, IS ALLOWED OUTSIDE OF THE BUILDING ON LOTS 21— 29, 2, PETITIONER TO INSTALL TWO NEW N DRAFT FILTER SYSTEMS TO MINIMIZE ODORS FROM PAINTING OPERATIONS, 3, HOURS OF OPERATION LIMITED TO ado A.M. TO ltd P.M. SUBJECT TO REVIEW BY PLANNING COMMISSION SHOULD THE E BE NEIGHBORHOOD COMPLAINTS. (MODIFIED BY PLANNING COMMISSION ON MAR 11, 1987) 4. SPECIAL USE PERMIT FOR REPAIR RAGE IS SUBJECT TO APPROVAL OF REZONING TO C-2, (1-:NERAL BUSINESS, ON L TS 23 AND A. 5. SPECIAL USE FOR OUTSIDE STORAGH IS ISSUED FOR STORAGE ASSOCIATED WITH THE PRINCIPLE USE ON LOTS 21 THRU ?4 ONLY FOR PRESENT AND SUBSEQUENT OWNERS, 6. STORAGE YARD SHALL BE FULLY SCREENED WITH A SOLID 8 FOOT HIGH CEDAR SCREENING FENCE WITH OPAQUE GATES, NORTHERLY MOST GATE TO BE CLOSED WHEN NOT MOVING VEHICLES, 7. CARS WHICH ARE LEAKING FLUIDS WILL BE DRAINED PRIOR TO STORAGE. 8. SPECIAL USE FOR VEHICLE PARKING IS FOR CUSTOMER AND EMPLOYEE PARKING ASSOCIATED WITH PRINCIPLE USE ON LOTS 21-24 ONLY FOR PRESENT AND SUBSEQUENT OWNERS, NO STORAGE OF DAMAGED CARS OR PARTS ALLOWED OUTSIDE OF BUILDING OR STORAGE YARD. 9, PARKING AND STORAGE AREA WILL BE CONSTRUCTED IN A MANNER WHICH RESPECTS THE EXISTING CEMETARY, AND SAV S ALL EXISTING TREES NOT LOCATED IN FUTURE PAVED AREAS, 10. LOT 29 TO REMAIN AS GREEN A EA TO PROVIDE BUFFERING AND AN ACCESS EASEMENT TO THE CEMETARY, 11 . IWO DRIVEWAYS ALLOWED ONTO LAST KIVER ROAD ONLY, OTHERS TO BE CLOSED. 11\ .....PVG DRA/N — — 1841.86 SHED X843.58 843 78 L.gNOSCAPED / ' ! ; 843.70 k I l SI TUM/NOUS I 843.75 / BENCH - n -- �IL,II � SURFACE X I I •J-1• \ / 7r- \ GATE •POWER \ POLE 843.72 � f X / 84462 844.06 84428 _ I / CONCRETE \ 1 WALK-- 842.50 ALK...- a 842.50 ' J •LANDSCAPED.. / / ONE STORY BLOCK / I�•I� 844.94 / BU/LD/N6 / / °OWER / POLE t / SIGN S/GN 8/ruMiNous V 1+ SURFACE 061 ' c'GNCRETE \ WALK.. 1 843.19 SCALE• l"=20' 0 DENOTES IRON MONUMENT 844.02 Ot.'IOTES SPOT ELEVATION x AREA = 53,847.202 sq ft. or 1.236 acres MINNESOTA VALLEY SURVEYORS INC. 1331 LARC INDUSTRIAL BOULEVARD,BOX 1169,BURNSVILLE,MN 55337 1 1 AS HUIL 7- c5 FOPO( 1 839.0/ i / � I / � I � I - (944 - 84� I / 846 i / < NORT4WESTERLY L/NE LOT 29••••� _ 848 - 1 POWER POLE 8356 850 /N 6 27`T4�E -` - 852 --_ / FENCE ENCROACHMEN / I (SEE NOTE;t4)-- x t4)• - - -- -�- - _ 47.50 -- -- -- \ 62°2714!E I \ \ I \ � � 1 847 843.47 ' X X � 840.56 I '- - •�-_--� -- - I / � 844.lO�� J 843.24 843.34 x 842 i x 841.70 \ �.; M41L8OX / - - - - - IT-POWER POLE ` - SHED 1 \I' LIGHT POLE