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SP84-21 31 / r CITY OF FRIDLEY, SUBJECT - C 6491 UNIVERSITY AVE. NE. SPECIAL USE PERMIT SP 1 FRIDLEY. MN. 5543e 96127.571-3450 5�1 d l ADDRESS r t' k C`_ DATE—9 PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME �ti�$,rnc=ti K&&-y ij A_y z 4-)�/�'%LC- FEE Z C%' - RECEIPT NO ET LOCATION OF PROPERTY �?�_5 -' � '�� T" ST RE LEGAL DESCRIPTION OF PROPERTY Hy ejj ° � PRESENT ZONING CLASSIFICATION '5 ,- ( EXISTING USE OF PROPERTY Vv_A,,T Co�t'j/-`C14IrI ACREAGE OF PROPERTY_+- Ac_ DESCRIBE BRIEFLY THE SPECIAL USE APPLIED FOR: s3S 1Zv) EV Rti n,G'14 Ti arc/ �/�� t��i 2 -,e xr�'�Fi/yiS,�/l.<l Section of the Code: Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 200 feet will be attached to this application. ' (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any Jefect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that all th cts and re r sentations stated in this application are true and correct. 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'gyp y;�, ,:.e r � �x •,�+..'"� "'. :' ,w '7 _s„st.. t } t ..: ,1t " "'_ ��t." �„ 4� ^��,sr.sib'SSS'��.z.r,>a•"�..,�s.:�,�. � '�� p.a 29 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, October 17, 1984 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #84-21 , Werners Furniture Service, by Virgil D. Werner, per Section 205.05.4, of the Fridley City Code, to allow a different commercial use in S-1 zoning (Special District for Hyde Park) , on Lots 16, 17, 18, Block 12, Hyde Park, the same being 5915 3rd Street N.E. (Formerly Golf Cart Sales and Service) 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 3, 1984 October 10, 1984 J U SP #$ 21 Werner 5915. 3rd St. 12 T 70 30w z9 2o.4 .9 [44 z9 3 i � 2B �� `60�¢ 2' -��---- � � -_ •' �'r baso fa df7 y 6 , S L - - I � [ /lf ' 2 { 4 e 6040 Z — — _ AA A�.... ' 4i /9 fd 0 x011 6c / e 3 --- lfl 7 ,e 4 tt 17+- foo ..�._� i ► „ 6 0 �-Sg57 59zgB v _ 9 59 0 •`� ? i ��f �'t �2y� IS( �o 3 _ a r sq T7 59 'E --5f 5 5944 B 574 9 �- - bis 5 =� ,� 5 !12 S� 59-05 Sy�iQ 3 W y�1 94 14 4 ��_4 > -- 23" B -- - 23 "57 5 56 S 43 2z 24I W W sfr- 2 W 2�., -� - ---- s94 . - 3 Z - �� v,tj AV6 11) 3.f 594 9 i6 59t ' .77vT 7 • - , O'�. /� 7 , ss• ��933 59 f to /s , Cl 54pt 5gQ� : El' i ! 7JJ e 2 /�.. J • �/�sfa s 9 2 s s9 Z4 ' 59TH AVENUE 4 �° .t6� : . ., `5 5e52 :S 60 ss c s rJ, • C1 j I i� N S " 77� C S9o9 SoB _ Z p s 4c_: _ _ F' • /z 9 s N _ z 4_ BTS 27 f c ' s�!` r, S9 0 0 t S14 0 L5,10I aw a / i/f.ro/jF 5�ta 58 - I 59 TH saa4 2 6 %7 ;.i, I /ff a X 5834 5 - Z/ i pAx ,� y 16%1 � C66o � S6r8 ? /Z *97 3 565 5b 4 B B Y3 • AT 58/40 /tet so4 A VAT 58TH AVENUE - W.E.r I, /C Z&v 5 l � )iii!!! �' T �.• ^ •5 ; ► ` �+ » * • ,. - 4 1I ilii r P ti �'t+rid f '.�2�t,• � .,, :, � ,ti+,�'• F �o " , • � ?a' }. ;'`. �2k"�t':f'�.f�i� •-fir; .�.."�" ` � '"". r �. � �' . �,�:.'�"�y.,h' � t�* �� +fir +; � .*• ".i �` yd �_ ` � r i; �;hn L+'i t� #n� i �,g..�� -^:•a .:��-� '571. •�, ••.t � �_. ,4 K � � �: > «' ;. �.ic z,l y'*f'i+ yi►x -'�� ,y�i�%s;'r�S�.. 3► +,.,�; y �y� t t 1�If '�,, II• tr 4-21 Werner 33 12 V 5915 3rd Street N.E. 41 Vc y,,. ♦ w 4, ,*�`. �; +#. Cp _v.� .2 ♦�a _ R �� _err,,. t'�.f7. {� .. �` � +• °1i4 t4 `i;•�t j y-ii't• i '+:, �' r �+.•.'•t is=• ••..ALL 1111•��,�i,!`'S:Q •�.•s_ . tr '� ��. �' � 'tom.¢ x. R�.�►.-s-4 � •► -•`c - •r7 �' �"`•t *r r .. '�� • 41 y s} :P�`3,•yr.�-�, •� •� � i!•Y7� fit!'+r� � �, ..y ��t � ,�._a �•: � ;i k g.. ±�� ,3f�a.�t � li`� _ � + ; a jr ,�• V ..A * �► •T.• ! T• DA F L��S��?' -� �. 4 -s y� y�� A-j��,� 'd '•� ..'�• * "�L ! ) '4' 'Ali►.i' ° �1 v +, .� �� - � i•.,�� `_d'C,tws~��'! ,*Scr� _�P7 +S'rf�r �N�' �� i v ''' ,+• Cry`. . ►' iRf- I :a ,.;:.y •-+ i� +� -�� + _* t 3�.. .{" �i1 � 'yt �� a `.�' •s '' ;.� ' IF tit •` Fs. s `- ' {. LA .41 S Y .TK ZS K r! 1 T.•r� �• tee, ,._ -� ..' , r 1�V4 , �;•- y .y _ � } i�. .� '�,- 'J^�. ``• � ..��! ,� � t r n "{ ^':t 414 Z• t� e'er ^� �{- it 71 l.;�:` :t •hr's I=S`�� T ts+'�R1�`'..�'✓r9.•�4`' �s."_ �:;rte � '�, � ,� •'�, 'r' yt 'Pr,�;�a•' ret '�_'Y'��jr. �-'�4 • •�' +X'�'� � _ •$_ •�y t it 2►"+�r � ,: ,� � I .Z� 1_a� x' ' �'irr is'v d' r"'1'+s :i •tf ` �` � " tY1:e. - a �W SP#84-21 Werner's 5915 3rd Street 34112 U 3 W N taw LU 7 0 W Z LUA 0 r h - I � N l vi �a • A r �L 30 Planning Commission October 1 , 1984 MAILING LIST SP # 84-21 Werner' s Furniture Service 5913 3rd Street N.E. Virgil Werner 6341 Madison Street N. E. Fridley, MN 55432 Brian Crampton 5840 University Avenue N. E. Fridley, Mn 55432 Dennis Munson 12323 Linnet N.W. Cedar, Mn 55011 Roger Vanous 5860 3rd Street N. E. Fridley, Mn 55432 Herbert Z. Zwirn 5900 3rd Street N. E. Fridley, Mn 55432 John W. Bunch 2705 Xanthus Lane Plymouth MN 54225 Constance T. Gunnufson 5917 3rd Street N.E. Fridley, Mn 55432 Mr. Frank Gabrelcik 5923 3rd Street N. E. Fridley, Mn 55432 Wanda M. Laubach 5925 3rd Street N. E. Fridley, MN 55432 John Pauluk 5931 3rd Street N. E. Fridley, Mn 55432 Northwestern Bell Telephone Company 224 South Fifth Street Minneapolis, MN 55402 (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 6431 Uni- versity Avenue Northeast on Wednes- day, October 17, 1984 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a request for a Special Use Permit, SP /84-21, Werners Furniture Service, by Virgil D. Werner, per Section 205.05.4,of the Fridley City Code, to allow a different commercial use in S-1 zoning (Special Dis- trict for Hyde Park),on Lots 16, 17, 18, Block 12, Hyde Park,the same being 5915 3rd Street N.E. (Formerly Golf Cart Sales and Service) Any and all persons desiring to be heard shall be given an opportunity at the above stated time andplace. VIRGINIA SCHNABEL Chairwoman Planning Commission (Oct.1&8.1984)-FRID -ake Park,Columbia Hgts.,St.Anthony,New r TNN GITV Os DIRECTORATE oO OF o-d o° MEMORANDUM PUBLIC WORKS -� FRI L Y DATE May 16, 1982 MEMO NO. 83-21 FROM D.P.W. Bill Deblon - Planning TO ACTION INFO. SUBJECT Nasim Qureshi John Flora Proposal at 5915 3rd Street N.E. Jerrold Boardman (E-Z Go Golf Cart) As you know, we have received numerous inquiries on the allowed use of the above property. The property is presently zoned. S-1 , Special District (commonly referred to as the Hyde Park Neighborhood Ordinance). We have received a legal opinion that a future owner . . ."who carries on a business which is different than the present one would be in violation of the zoning code. " Principal uses in the S-1 District are one family dwellings. The most recent inquiry about the property involves the following: 1 . Development of twin homes on the two lots to the north (area where green fence is) . 2. Operate wholesale carpet for homes. 3. Lots to the south would probably be sold for a single family home. The question that is being posed is, what was the intent of the S-1 zone when it was first set up. The existing uses were allowed to remain as conforming uses provided that they did not expand the use. 1 . Was it the intent at that time to allow the business to remain until such time when that business was no longer using the building? In that case was it intended that different business could not occupy the building and therefore only the same business or a single family dwelling was the only use that was allowed? 2. Was it the intent that a similar use (which was any use allowed under the C-2 zone under which the original building was built) could replace an existing use as long as they did not expand the facility. There seems to be some confusion on this subject since the memo from Mr. Herrick' s Office defines the use as the specific business that was occupying the building at the time of the S-1 zone was effected. -Please review this matter and let me know the direction you want to go so that I can contact the proposer and start the necessary process. WSD/de MEMORANDUM TO: Virgil C. Herrick FROM: Jim Schmeckpeper DATE: April 19 , 1982 RE: Change of Use Upon Sale of Property in Hyde Park Addition A question has been presented as to whether the owner of property located in the Hyde Park Addition can sell his property to another who intends to put it to a different use. The area has been zoned for single-family dwellings under Frid- ley Code Section 205 .2104. This section includes as permitted uses those existing at the time the provision was enacted , which includes the use which the present owner of this property is carrying on. Therefore, the present use of the property is a permitted use under Code Section 205.2104( 3 ) . First of all , it is clear that the city cannot prevent the conveyance of property through zoning legislation because zoning is concerned only with the use of property, not the ownership. V.F. Zahodiakin En&ineering Corp. v. Zoning Board of Adjustment , _9 NJ 386 , 86 A ( 19-52 ) ; Olevson v. Zoning Board ot Review, 71 RI 303 , 44 A2d 720 ( 1945T-. The City can control the use which the subsequent owner puts the property to, however. In this case, the purchaser who carries on a busi- ness which is different than the present one would be in vio- lation of the zoning code. The property would not be used for single-family dwellings or their accessory buildings and the existing use would've ceased upon the change of businesses. Therefore, the subsequent use would not be a permitted use within 205 .2104. In addition, the property would not qualify as a non-conforming use because the subsequent use did not exist at the time the zoning restriction took effect and because the present use is a permitted use, not a non-conforming one. The use which the purchaser intends to put the prop- erty to would not be authorized by the Code nor would it qualify as a non-conforming use. A permit to convert a use into another use contrary to the zoning ordinance is properly denied or revoked. Shaiman v. Mayor, Board of Commissioners and Board of Adjustment of-Newark, 15 NJ Misc . 437 , 191 A ; Kaltenbach v. Board ot Stan�rds and Appeals , 274 NY 34 , 8 N.E.2d 267 . The City may prohibit the change of use, unlewss the change is to one which is authorized by the code, subsequent to the sale of the property in the Hyde Park Addition. SP #84-21 Werner' s 35 REALTORS SINCE 1885 - MLS O� HOME OFFICE: 8085 WAYZATA BLVD., MINNEAPOLIS, BROS. INC. REALTORS MINNESOTA 55426 • (612) 545-1111 REAL ESTATE: RESIDENTIAL • COMMERCIAL INDUSTRIAL PROPERTY MANAGEMENT • GENERAL INSURANCE October 9, 1984 Mr. Jim Robinson City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Robinson: We have completed the sales of lot 30, block 21, to Frank Gabrelcik and lot 19, block 12 to Ms. Coni Gunnufson. Purchase agreements covering both trans- actions are enclosed. Sincerely, J08 TURNER Vice President JT:slm enclosures cc: Mr. Dennis Munson 19323 Linnet St. N.W. Cedar, MN 55011 13 OFFICES TO SERVE YOUR NEEDS! Member of Local & National: Real Estate Boards,Building Owners&Managers,Institute of Real Estate Management. PINE CONE NURSERY LANDSCAPING ESTIMATE CUSTOMER: , _ DATE: �1 ?`� PLAN #: PLANT SIZE DESCRIPTION / QUAN. UNIT TOTAL LABOR NO. v PRICE PRICE i Up LLN jj� "-Z �iv� DECA I� - 70 c NURSERY STOCK MATERIALS SUBTOTAL TAX TOTAL 1 pprp� 21160 vk _u EM -.111 CITY OF FWDLEY - CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 July 31, 1986 Virgil Werner Werner's Furniture Service 6341 Madison Street NE Fridley, NN 55432 Dear Mr. Werner, It has come to my attention that you have yet to meet a number of the stipulations accompanying the special use permit that was granted to you November, 1984 to allow a commercial use in the Hyde Park neighborhood. The stipulations that need to be completed are as follows: 1. Provide paved driveway and three parking stalls as per plan. 2. Provide concrete curbing around parking lot and driveway. 3. Landscape lot as per plan to include seeding of the lot. I have enclosed a reduced copy of the landscape plan, which shows the improvements that need to be made, as well as a copy of the list of trees that need to be planted. I recently sent you a second copy of the Action Taken Notice, listing the stipulations that you agreed to when the City Council approved your special use permit request. As you have not yet signed the first one sent to you, please sign this document and return it to me as soon as possible. It was stipulated in the special use permit that all work be completed ty June 1, 1985. Since it is now over a year past that date, I would strongly urge you to complete the necessary improvements very soon. If I can assist you in this matter, or if you have any questions, please fell free to contact me at the Fridley Civic Center, 571-3450, extension 166 . Thank you for your cooperation. Respectfully yours, Daryl rey Planning Assistant C-86-348 �o .ate- - CI1YOF FMDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 October 2, 1986 Virgil Werner r;J Werner's Furniture Service 6341 Madison Street N.E. lyr�2 &",(,t Fridley, NN 55432 Dear Mr. Werner, On July 31, 1986 I sent you a letter regarding the special use permit that the City Council granted to you in 1984 for your Furniture Service shop in Hyde Park. At that time I brought to your attention the stipulations that needed to be completed pursuant to the granting of the special use permit. They are as follows: 1. Provide a paved driveway and three parking stalls as per plan. 2. Provide concrete curbing around the parking lot and the driveway. 3. Landscape the lot as per plan, to include seeding of the lot. A recent inspection has shown that you have not yet even attempted to impl invent the above-mentioned improvements, nor have you attempted to contact me to aiscuss the matter. I now ask that you contact me at the Fridley Civic Center, 571-3450, extension 191 so that we can discuss this matter further. Thank you. Respectfully yours, Daryl ley Planning Assistant C-86-455 L�r .Arm I" lAkl AA _. ;-� _ T _... __._ _. ____ _._..-.. _j._�___.. __ '. � �' �r-____ _-__-.�_ - __. ..___. ____._.__-___ -__ __.._.__-__._._-�___-.__r-. -__. ' i _..�_._.__.e..�.�_,.._.____-__.___ ..__�._._�.__��_ �... �_ ...�._��_... ..__._.. I i .J MY PLANNING DIVISION MEMORANDUM CITYOF FMDLEY MM ZD: Jim Robinson, Planning Coordinator MEAD mcm: Daryl Morey, Planning Assistant V�I-I.% W,M DATE: October 17, 1986 RaSAMIM: Werner Furniture Service Special Use Permit #84-21 On November 11, 1984 the City Council granted Werner Furniture Service a special use permit to allow a different commercial use in S-1 zoning (Special District for Hyde Park) at 5901 3rd Street N. E. with the following stipulations: 1. Remove existing fence. 2. Provide caved driveway and three parking stalls as per amended plan. 3. Provide concrete curbing around parking lot and driveway within three years. 4. Landscape lot as per plan to include seeding of the lot. 5. Paint building. 6. Provide a $5,000 performance bond. 7. All work to be completed by June 1, 1985 except curbing. 8. Special use permit to be issued to Werner Furniture Service only and to be reviewed in three years or prior to ownership, whichever comes first. Stipulation numbers 1, 5 and 6 have been completed; numbers 2 and 4 remain in default. Tn the course of following-up on this special use permit, I have attempted to oontact the owner of Werner Furniture Service, Mr. Virgil Werner. I have sent him two letters, the first dated July 31, 1986 and the second dated October 2, 1986, that listed the stipulations that still needed to be ompleted pursuant to the special use permit granted to him for his shop. Mere was no response from Mr. Werner or any of his associates to either of these letters, so on October 8, 1986 I telephoned Mr. Werner. He told me that he had received my letters and that he had sent a copy of the most recent one to Councilman Schneider. He also told me that Councilman Schneider was handling this matter for him now. I need to know how to proceed on this matter. One of the stipulations of this special use permit required all work to be completed by June 1. 1985. This deadline has long since passed, therefore Werner Furniture Service is in violation of the conditions of it's special use permit. Also, this special use permit is up for review one year f r® now. M-86-270 CITY OF FM DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEl . MINNESOTA SST' PHONE(612) 571-3450 October 31, 1986 Virgil Werner Werner Furniture Service 5901 - 3rd Street N.E. Fridley, Mt; 55432 Dear Mr. Werner, I am writing this letter as a follow-up to our telephone conversation of October 8, 1986. The Planning Department was instructed by the City Council to handle your special use permit using appropriate, normal proceedures. Once again, the outstanding improvements that need to be completed by you for your special use permit, SP i64-21, are as follows: 1. Landscape lot as per plan to include seeaing of the lot. 2. Provide paved driveway and gree stalls as per amendea plan. 3. Provide concrete curbing around parking lot and driveway by 11/11/87. May 31, 1987 is the new deadline for completion of items 1 and 2 above. If these improvements have not been implimented by that date, your special use permit will be reviewed at the first City Council meeting in June of 1967 regarding the possible actions of cashing your $5,000 performance bond or revoking your special use permit. Feel free to contact me at 571-3450, extension 191 if you wish to discuss this matter further. Re pectfully yours, ^ A En/L~ Daryl Irb' y Planning Assistant C-86-496 PLANNING DIVISION MEMORANDUM CITYOF FRIDLEY MEND TO: Jock Robertson, Community Developnent Director MEMO FROM: Jim Robinson, Planning Department- MEMG DATE: November 7, 1986 RMARDING: Special Use Permit #84-21 for Virgil Werners Furniture Service On November 5, 1984 the Fridley City Council officially approved SP #84-21, to allow a commercial use (Virgil Werner 's Furniture Service) in 'the S-1, Hyde Park area. At that time 8 stipulations were imposed on this property. See drawing #1. Mr. Werner has completed most of the stipulations, including the posting of a $5,000 performance bond to cover all of the listed improvements. Mr. Werner has not, however, completed the landscaping or parking area, which were stipulations of his special use permit. In addition, a signed action taken letter has not been received from Mr. Werner. The Planning staff, in its effort to follow through on all Council stipulations, has written Mr. Werner on three separate occasions: July 31, 1986, October 2, 1986, and October 31, 1986, in order to elicit his response and gain compliance with the outstanding stipulations. The letters included an open invitation to discuss improvements with Mr. Werner at his convenience. The last letter which we sent Mr. Werner on October 31, indicated that we would delay any further action on this matter until the Spring construction season. Mr. Werner is alleged to have said that I set up meetings with him and failed to show up. !This is not the case. I have not had any personal contact with Mr. Werner since before the November, 1984, special use permit hearing. Prior to that hearing I did meet on site with both Mr. Werner and the owner at that time, Dennis Munson. All recent follow-up on this matter has been handled by Daryl Morey, Fridley Planning Assistant. Daryl has assured me that he has not made any appointments with Mr. Werner. I spoke with Mr. Werner personally on November 7, 1986 and Daryl Morey and I met with him on-site on November 13, 1986 to discuss his concerns. We have reached an agreement whereby Mr. Werner will install a blacktopped surface for up to three vehicles to the west of his building next Spring. The pavement layout will be slightly different than the 1984 plan but will meet Code. Landscaping will also be installed at that time. See drawing #2. Finally, Mr. Werner is requesting that the $5,000 performance bond be released at this time. Please discuss this with Council and respond. JLP/lmn M-86-290 cc: Daryl Morey w PLANNING DIVISION MEMORANDUM cITYOF FRIDLEY DATE: June 1, 1989 TO: William Burns, City Manager Planning Commission Members FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Expansion of Werner's Furniture, 5901 - 3rd Street N.E. Mike Larson from Werner's Furniture has submitted a proposal to add a 20 foot by 60 foot addition onto the existing Werner's Furniture building at the northeast corner of 3rd Street and 59th Avenue. On November 5, 1984 the City Council approved a special use permit to allow the furniture use to occupy the building. Several stipulations were attached to the permit, including providing a parking area, concrete curbing and landscaping. Because only three parking stalls were proposed, the requirement to create a parking lot and pave it with concrete curbing was waived. ANALYSIS The property is zoned S-1, Hyde Park District. Section 205. 21. 04 .C. (2) states: "Alterations may be made when they improve the structure, provided that they will not increase the number of dwelling units, the bulk of the building or enlarge the use. " Staff advised Mr. Larson regarding the ordinance requirement and stated that staff would recommend denial based on the language in the S-1 district regulations. The site would also have to receive variances to the front yard parking setback, the driving aisle width, the five foot setback in front of the proposed addition and the number of parking spaces. Custom Mechanical received a special use permit in 1988 in the same district for re-use of a structure as a contractor's yard. Although Custom Mechanical did not propose an expansion to the structure, variances were granted for parking setbacks and other similar items as proposed in this proposal. During discussion of that application, both the Planning Commission and City Council discussed the future of the existing commercial uses along University Avenue. Werner's Furniture June 1, 1989 Page 2 The intent of the S-1 district is to promote a residential character in the district and to "protect the property rights of all present land owners as much as possible, while promoting the residential character of the neighborhood" . The Werner's Furniture proposal includes refinishing the exterior of the building to brick and stucco block. Mr. Larson has also agreed to provide a paved parking area with concrete curbing and landscaping. This proposal constitutes an improvement of the property which would be more compatible with the surrounding uses. It is also located at a street intersection and is a use which does not appear to adversely impact adjacent properties. The neighbor to the north of the site is one of the employees. RECOMMENDATION In order to allow the continuation of the commercial uses and possible improvements such as Custom Mechanical and this request, staff recommends that the S-1 district be amended to establish a special use permit process for expansion or improvement of existing commercial properties. The special use permit process has been required in the past for re-use of commercial buildings in the S- 1 district; however, this requirement is not specified in the ordinance. It has been an administrative policy to require a special use permit. Expansions of some commercial uses such as Frank's Used Cars along University Avenue would not be appropriate; however, this recommendation may give the City Council a better ability to guide development in this area until a potential tax increment district is created where active redevelopment efforts would occur to encourage residential construction. Staff advised Mr. Larson that we would have this policy issue reviewed by the City Council and Planning Commission informally prior to him filing the appropriate applications. He understands that despite the informal direction, other issues may arise during the public hearing process and that an informal direction from the City Council and Planning Commission may or may not change. BD/dn M-89-283 .15 CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW Deporlmen ion- a Approved by FILE NO/ AO�RCS FILE J COMPLETE REVIEW CHECKLIST RETURN TO PLANNING .� 3,14- ,3.-W,,�3� OUE E ® .JIMCOMMENTS '-weru; e� rem M I K E kA"c"•I ❑ Darrel W& Mark -0 / 1I .la . Clyde John . Leon i /s�.,��Z-0 0—r !/©T l I �.d�J`.. `� V G6� �{tJ�!^G'�n,,�.�•Gr C��+?YUY•t.4 .. C�n..�.'�/l� ✓^'dw I n � ? 1 fh C4 J u CITYOF FWDLEY CIVIC CENTER • 6431 UNIVERSITY AVE N E . FRIDLEY. MINNESOTA 55432 PHONE (612) 571-3450 November 19, 1984 Virgil Werner Werner Furniture Service 6341 Madison Street N.E. Fridley, Mn 55432 Dear Mr. Werner: On November 5, 1984 the Fridley City Council officially approved your request for a Special Use Permit, SP #84-21 , to allow a different commercial use in S-1 zoning (Special District for Hyde Park) , on Lot 16, 17 and 18, Block 12, Hyde Park, the same being 5915 3rd Street N.E. with the following stipulations: 1 . Remove existing fence. 2. Provide paved driveway and three parking stalls as per amended plan. 3. Provide concrete curbing around parking lot and driveway within 3 years. 4. Landscape lot as per plan to include seeding of the lot. 5. Paint building. 6. Provide a $5,000 performance bond. 7. All work to be completed by June 1 , 1985, except curbing. 8. Special Use Permit to be issued to Werner' s Furniture only and to be reviewed in three years or prior to ownership, which ever comes first. As of January 1, 1983, the City is required by State Law to record all formal City Council actions affecting real property with the County Recorder. Accordingly, it will be to your advantage to complete the above stipulations as expediently as possible. If I can assist you in this matter, or any other matters, please contact me at 571-3450, extension 171 . I can be reached at this number Monday through Friday, 8:30 a.m. to 5:00 p.m. Thank you for your time, cooperation and consideration in this matter. Sincerely, u � James L. Robinson Planning Coordinator JLR/de I acknowledge receipt of this information. Name Date cc: Files 3/5/17/21 SP #84-21 Werner's Furniture Service 5915 3rd Street NE Council action of 11/5/84 Approval with 8 stipulations as listed on Page 12G Inform applicant. ` r CITY OF FRIDLEY APPEALS COMMISSION MEETING AUGUST 30, 1988 CALL TO ORDER: Vice-Chairperson Savage called the August 30, 1988, Appeals Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Larry Kuechle, Diane Savage, Kenneth Vos Members Absent: Alex Barna, Jerry Sherek Others Present: Darrel Clark, Chief Building Official Donald Dickison, 1321-26th Avenue N.W. , New Brighton, MN Gerry Messler, 5805 France Avenue S. , Edina, MN APPROVAL OF AUGUST 2, 1988, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the August 2, 1988, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF A VARIANCE REQUEST, VAR #88-22, BY DONALD DICKISON: Pursuant to Section 205. 13.03.C,(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 5 feet; pursuant to Section 205.13.03.C. (3), of the Fridley City Code to reduce the rear yard setback from 25 feet to 7 feet; pursuant to Section 205.13.05.D, (5), of the Fridley City Code to reduce the minimum hard surface setback from a public right-of-way from 20 feet to 7 feet; pursuant to Section 205.13.05.D, (5), of the Fridley City Code to reduce the minimum hard surface setback from the main building from 5 feet to 0 feet; and pursuant to Section 205.13.05.D, (5), of the Fridley City Code to reduce the minimum hard surface setback from 5 feet to 0 feet at the side lot line, to allow an air conditioning, heating, and electrical contractor office on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. MOTION by Dr. Vos, seconded by Mr. Kuechle, to waive the reading of the public notice. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. E 39Yd - 8861._ 0�_ ZSl1DQ 1�,``w pct .L�r rrlsra� ern-_•, MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.M. Vice-Chairperson Savage read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT - -- 5973 - 3rd Street N.E. VAR #88-22 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.13.03.C,(2), requires a side yard setback of not less than 15 feet. Public purpose served by this requirement is to provide for adequate open spaces around structures, to maintain clear access for fire fighting purposes, and to reduce conflagration of fire-. Section 205.13.03.C,(3), requires a rear yard setback of not less than 25 feet. purpose servedY Public b this requirement is to provide adequate open spaces around structures for aesthetic and fire fighting purposes Section 203.13.05.D,(5), requires all parking and hard surface areas to be no closer than 20 feet from any public right-of-way. Public purpose served by this requirement is to allow for aesthetically pleasing open areas adjacent to public right-of-ways. Section 205.13.05.D,(5), requires all parking and hard surface areas to be no closer than 5 feet from the main building. Public purpose served by this requirement is to provide for adequate open space areas around structures for aesthetic and fire fighting purposes. Section 205.13.O5.D,(5), requires all parkin g and hard surface ace areas to be no closer than 5 feet from any side lot line. Public purpose served by this requirement is to provide for adequate open space areas around structures for aesthetic and fire fighting purposes. B. STATED HARDSHIP: Because the building has lost legal nonconforming status, variances are needed to reuse the building. ►. 3HZ Q3UV'133Q 30VAVS NOsUaaUIVH3-3J1A '3XV `JhiJOA 'l iv n.Lv,• I"-- 2uileaq o?Zgnd aql uado of 'SOA .zQ ,�q papuooas 91goanxn q NOI1OW r.r v r s COt4lissioN MEETrNG, AUGVST So, 1988 PAGE 3 C. ADMINISTRATIVE STAFF REVIEW: Mr. Donald Dickison, the petitioner, is requesting the City to grant several variances which would allow him to establish an air conditioner/ heating/electrical contract business at 5973 - 3rd Street N.E. Variances must be granted because the building has not been used for one year, therefore, has lost legal non-conforming status. This property is located in a special district, S-1, Hyde Park Neighbor- hood, which the City considers comparable to R-1, Single Family dwelling district. A commercial use in this district is allowed as a special use and will be regulated by the C-1, Local business district requirements. While evaluating the petitioner's variance requests, consideration should be given to the existing status of the property. Four of the five requests are either existing or necessary. The variance regarding a reduction of the five foot hard surface setback from the main building to zero feet is not necessary. Due to the petitioner's parking lot improvements, the five foot hard surface setback could be installed and the parking lot would still comply to the City Code. If approved, staff recommends the following stipulations: 1. Variance approval contingent upon approval of special use permit. 2. A portion of Lot 29, approximately 1,604 square feet, will be leased from the City for $1.00 per year as long as the business is in operation at this site. 3. Landscaping to be installed as per plan by September 1, 1989. 4. A performance bond or letter of credit for 3% of the construction value be given to the City prior to issuance of the building permit. 5. Parking demand shall not exceed ten spaces unless additional spaces are provided. 6. Install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989. 7. Parking lot to be sealcoated and striped, ten spaces, by September 1 , 1989. 8. Bollards are to be removed upon installation of landscaping. 9. Petitioner to maintain site immediately by cutting grass and eliminating weeds. •uotlElndtls a se pappe uaaq peq uotle2t.zit aql ;t palse aBeneS -SW �,..a...- . 4 _ an Mr. Clark showed the location of the property *� ` Map being to the southeast of the intersection tion Auenue and et and o60th3rdAvenue. A slip-off comes off University Avenue and curbing. The parking lot The Site Plan shows the parking lot, landscaping parking stalls rather than 10, as stated in the Staff Report. The 9 a g to 5 would have P south from 15 feet setback on the sou ce variance is for a sideyard parking lot setback from a rear yard setback from 25 feet to 7 feet; reduce public right-of-way in two locations - one from xt feet feet into next lot; 10 feet and the other 20 feet to 7 feet; the parking lot would exteadeasfrom buildingsfrom and to reduce the setback of driveways and parking 5 feet 0 feet.approvalff et ofthehthe variancestwithrto discuss the exceptionhofvtheasetback Staff recommends val This 5 feet is recommended as a buffer so of 5 feet to 0 fromom the building. Petitioner would prefer not to stay that traffic does not hit the building. 5 feet away from the building due to the cost. The stipulations regarding landscape and irrigation are recommended for is completion by September 1989. The petitioner 989. Theapetitioner plans r with the plan bto is not sure he would get completed y P for an air conditioning, open a commercial shop with little retail sales of materials supplies and Ot of heating and electrical contracting business. Staff would pick up PP ea should no then go to another location to install. The arMr. Clark indicated commercial traffic other than in the morning and evening from Universi petitioner has no problem The there has been discussion of closing off the slip-offroblem if this should be done. The petitioner understands opportunity to acquire the two that, if this is done, he would be provided an Commission lots that would become avanlaonethis variancedevelopment. on September14. Their will have a special hearing 'council on September 26. recommendation will go before the City Dr. Vos asked the reasons for a 5 foot setback from the building. Mr. Clark stated this buffer is to prevent traffic from coming in contact with the building. This space also provides an area for a walkway and snow storage. Mr. Kuechle noted that most of the property would need to be curbed. Mr. Clark agreed that there is a lot of curb for a small lot. Mr. Messler suggested the elimination of the curb on and would entire easteside paralonthe the alley. The curb blocks off use for the alley curbing, from a practical standpoint. Mr. Dickison stated the curb along the alley was not a problem. There is enough room for the trucks with the plan as it is. Dr. Vos asked if the City had received any calls from neighbors. Mr. Clark indicated he had received no calls. buIX Of Mr. Messler requested consideration to not Therequpetitionerire tisnbeingeasked to the landscaping will be on City property• e bush which seems to be more than what is spend $3,000-$4,000 to sprinkle on required. .. _ 40L 4ulA uu vy,l �; t- r _ o Sauco� o-dt S laazlS PIC oluo spaai PUP anuany 8109 of anuany AJTSaaAtun 33 33 1 d anuany 8109 puE laazlS PIE �o uoiloasialui aql jo 1sraglnos aq1 of 9utaq d2W 5_u _uo. a rale uo zsooZ adz uo �iiaadoad aql jo uotlEaoi ag1 paMoUs xzEiO 'zW .__ Ms. Savage asked if the irrigation had been added as a stipulation. `;r. Clark stated that irrigation should be included because the City requires irrigation on new construction and buildings being remodeled. The seller has agreed to cover some of the outside costs. It was his understanding that the petitioner will put it in but may not get the installation done by Sept. 1989. Mr. Dickison stated he agreed with the curbing. The landscape and irrigation is to be done in one year. His suggestion is to blacktop and curb, but he would like two to three years to get the landscaping done. Mr. Dickison also requested the bond requirements be waived. Mr. Messler indicated the property is being purchased on a contract for deed. The seller has reduced the price to allow for improvements. The improvements are equal to 25% of the purchase price. Dr. Vos stated that a lot of the landscaping being requested is in antici- pation of the slip-off. He felt there was no advantage to put in landscaping if the decision regarding the slip-off will not be implemented until later. Mr. Kuechle did not feel the cost for irrigation and landscaping would be a major cost item. Mr. Dickison stated the sprinkling system would cost a minimum of $2,000. His desire is to make the appearance presentable to the area. He is willing to do what is requested but is asking for three years to complete the landscaping and irrigation. The landscaping would depend on the slip-off and the future decision regarding same. The only reason for the bushes is to prevent lights from shining into houses at night, and this is a daytime business. Ms. Savage asked what would be done to the building and when business would commence at this site. Mr. Dickison stated the exterior would be refaced and painted. The building is in good shape and improvement would be cosmetic. He plans to put in the curbing this fall, if time allows; however, he would do the parking lot differently if there was no slip-off. i Mr. Clark stated that University Avenue improvements would be made next year and a decision on the slip-off should be made in the spring. The stipulations give the petitioner until the following fall which should allow for changes. If the slip-off is approved, the request with changes can be re-submitted,should circumstances change. Mr. Clark indicated that staff is recommending approval of all variances with the exception of the 5 foot to 0 foot variance along the north edge of the building, the only exception being the short wall along the east and north where trucks will be loading. The City is trying to get the property up to code. The commission can make a recommendation if they wish regarding the future decision affecting the slip-off. Dr. Vos asked about the performance bond or letter of credit. Mr. Clark stated this is a City policy. On a new building, 3% is usually spent on a performance bond. This is included in the stipulations to inform the petitioner. -�a k� -4r` "rVLpiq aq4 ,Io aouensst of oi2d (3TO aql of uaAt9 aq anIVA uoilonsjsuoo aql ;o X£ ioj lTpaso ;o aallal ao puoq aauvmzo3iad V -4 MOT�OLV by Dr: voa. se `--�....�,,......_,__. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE,DECLARED THE PUBLIC HEARING CLOSED AT 8:12 P.M. Dr. Vos indicated he did not wish to put the petitioner in a position of a hardship due to the question of the slip-off. He agreed with the requirement of a 5 foot setback along the building, and questioned the necessity of the curb along the alley. Mr. Clark indicated the curb delineates the parking from the alley and detains traffic. Mr. Kuechle agreed with the staff recommendations. The cost for landscaping amounts to approximately 2% of the building cost. If the other lots become available, this could change the plan. He did not feel the overall cost was severe. The stipulation sets the date for September 1989. By the time the proposal goes before the City Council, it will be October. It may be necessary to wait until next spring before doing work. The money for the improvements could be saved until next year at which time a decision regarding the slip-off should be made. Mr. Clark recommended not doing the work this fall. Dr. Vos indicated that the plan is under present circumstances which could change by next year and then the petitioner would again have to go through the process. Mr. Clark indicated that in this neighborhood parking lots for commercial use and apartment buildings are allowed with a special use permit. If the parking lot configuration would change, the petitioner would need to go to the Planning Commission for a special use permit for an expanded or revised parking plan. Ms. Savage basically agreed with the staff recommendations. The area is residential and the aesthetic considerations are important. The stipulations leave flexibility to allow the petitioner time to find out what is happening with the property. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to the City Council approval of Variance Request, VAR #88-22, by Donald Dickison, pursuant to Section 205.13.03.C, (2) of the Fridley City Code to reduce the sideyard setback from 15 feet to 5 feet; pursuant to Section 205.13.03.C,(3), of the Fridley City Code to reduce the rear yard setback from 25 feet to 7 feet; pursuant to Section 205.13.05.D,(5), of the Fridley City Code to reduce the minimum hard surface setback from a public right-of-way from 20 feet to 7 feet; and pursuant to Section 205.13.05.D, (5), of the Fridley City Code to reduce the minimum hard surface setback from 5 feet to 0 feet at the side lot line, to allow an air conditioning, heating, and electrical contractor office on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. ; and to deny the variance pursuant to Section 205.13.05.D,(5) , of the Fridley City Code to reduce the minimum hard surface setback from the main building from 5 feet to 0 feet; with the following stipulations: 1) Variance approval contingent upon approval of special use permit; 2) A portion of Lot 29, approximately 1,604 square feet, will be �{ leased from the City for $1.00 per year as long as the business is in operation at this site; 3) Landscaping to be installed as per plan by September 1, 1989; g Jo uOT11sod E ui 8u0L7«du vy.;. 4.... t 'W'd ZT:8 IV Q3S0'ID DNIJIV3H DI'Igna *3DVAVS d1IIVHD-3DIA `aXV 0SIIOA 'I'IV 4310A 30IOA V NOdn 3HZ Q3iV'ID3Q 11 na a 1 asolo o1 'Q1,3 anN •aw dq papuooas 'sod 'aa AQ NOI.IOW nmlaa. A performance bond or letter of credit for 3% of the construction value be given to the City prior to issuance of the building permit; 5) Parking demand shall not exceed nine spaces unless additional spaces are provided; 6) Install six inch concrete curbing around the entire perimeter of the parking lot including dz 'veway opening by September 1, 1989; 7) Parking lot to be sealcoated and striped, nine spaces, by September 1, 1989; 8) Bollards are to be removed upon installation of landscaping; and 9) Petitioner to maintain site immediately by cutting grass and eliminating weeds. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage indicated the recommendation would go before the City Council on September 26. ADJOURNMENT MOTION by Dr. Vos, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE AUGUST 30, 1988, APPEALS COMMISSION MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary PLANNING COMMISSION MEETING OCTOBER 17 1984 PAGE 6 3. PYBARING: CONSIDFRATION OF A REQUEST FOR A SPECIAL USE PERMIT, SIP #84-21 , WERNEWS FURNITURE SERVICE, BY VIRGIL D. WERNER: Per Section o the -Fridley City Code, to allow a i erent commercial use in nin zog (Special District for Hyde Park) on Lots 16, 17, and 18, Block 12, Hyde Park, the same being 5915 3rd Street N.E. (Formerly Golf Cart Sales and Service). NOTION BY NR. SABA, SECONDED BY MR. MINTON, TO OPEN THE PUBLIC BEARING ON SP 84-21, WERNER'S FURNITURE SERVICE, BY VIRGIL D. WERNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:22 P.X. Mr. Robinson stated this property was located on the northeast corner of 59th Avenue and 3rd Street. The property is vacant at this time. The last use was for a golf cart repair and sales business. There are presently 5 forty foot lots-- four to the north of 59th and one to the south of 59th. The special use permit is for three of the lots north of 59th. The petitioner, Mr. Werner, would like to put in a furniture repair and restoration business. It is a small scale operation with very little customer parking. Mr. Werner had stated that most of the business is pick-up and delivery, and that there will be very little impact on the neighborhood. It seems like a good business for the area and will clean up an eyesore. It was also downscaling a business operation which was a goal in the Hyde Park area. Mr. Robinson stated this leaves two lots. The owner has been able to procure purchase agreements for the other two lots--one on the north of the business and the Tot south of 59th, from the adjacent proPerty owners. The letter from Dennis Munson, the present owner of the two lots, and copies of the purchase agreements were included in the agenda. Mr. Robinson stated Staff would recommend the following stipulations: 1. Remove the existing fence 2. Provide paved driveway and three parking stalls as per amended plan 3. Provide concrete curbing around parking lot and driveway within three years 4. Landscape lot as per plan to include seeding of lot 5. Paint building 6. Remove accessory structure by June 1 , 1985 7. Provide a $5,000 performance bond 8. All work to be completed by June 1 , 1985, except curbing 9. Special use permit to be issued to Werner's Furniture only and to be reviewed in three years or prior to ownership Mr. Robinson stated stipulation #2 was open for discussion. He stated code required five parking spaces; but in the past, if a petitioner can give a reason why that many spaces are not needed, but area for five is provided, then a compromise could be accepted. PLANNING COMMISSION MEETING, OCTOBER 17, 1984 PAGE 5 Mr. Jack Maxwell , owner of the property, stated that at the time he had agreed with the property owner to the north that he was willing to share in the cost of a fence at the time the property to the north was developed. But, that property has not yet been developed. He was still willing to honor that agreement, but only when the property was developed. Ms. Schnabel stated she was a little uncomfortable making the fence part of the stipulations since it was really an agreement between the two property owners and was something that should be worked out between the two owners. Mr. Robinson stated that since it was an agreement between the two propety owners and Mr. Maxwell was still agreeable to honor the agreement, this stipulation could probably be dropped. Ms. Schnabel stated she would like to see this special use permit reviewed in June 1985 to make sure all the stipulations have been accomplished. MOTION BY MR. KONDRICK, SECONDED BY MR. NIELSEN, TO CLOSE THE PUBLIC HEARING ON SP #184-20, TWIN CITY HOMES D/B/A MOBILE HOMES USA. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REQUEST FOR SPECIAL USE PERMIT, SP #84-20, TWIN CITY HOMES D/B/A MOBILE HOMES USA, BY RANDY GROHNKE, PER SECTION 205.15.1, C, 3, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONTINUATION OF A MOBILE HOME SALES LOT UNDER NEW MANAGEMENT ON PARCEL 2691 IN SECTION 12, A SITE APPROXIMATELY 300 FEET BY 600 FEET, EXCEPT THAT PART TAKEN FOR HIGHWAY PURPOSES, THE SAME, BEING 7625 VIRON ROAD N.E. , WITH THE FOLLOWING STIPULATIONS: 1. CLEAN UP THE REAR YARD. THIS INCLUDES REMOVING DEBRIS FROM MOBILE HOMES, SEVERAL DILAPIDATED STORAGE SHEDS, AND JUNKED TRAILERS. 2. REPAIR AND MAINTAIN THE GATE ON THE SCREENING FENCE SURROUNDING THE REFUSE CONTAINER. 3. FILE A DRAINAGE EASEMENT WITH THE COUNTY AND THE CITY. 4. SUBI4IT A LANDSCAP:: PLAN. THIS PLAN SHOULD INCLUDE ADDITIONAL SCREENING ALONG THE NORTHWEST AND SOUTHWEST CORNERS OF THE PROPERTY. 5. EXISTING SIGN MUST BE BROUGHT INTO COMPLIANCE OR A VARIANCE APPROVED FOR EXCESS SQUARE FOOTAGE. 6. SETBACK TRAILERS A MINIMUM OF 35 FT. FROM RIGHT OF WAY. 7. SPECIAL USE PERMIT APPROVAL CONTINGENT UPON PETITIONER SUBMITTING A $5,000 PERFORMANCE BOND. 8. ALL IMPROVEMENTS TO BE COMPLETED BY NOV. 30, 1984, WITH THE EXCEPTION OF LANDSCAPING TO BE COMPLETED BY JUNE 1, 1985. 9. SPECIAL USE PERMIT TO BE REVIEWED AT THE FIRST PLANNING COMMISSION MEETING IN JUNE 1985. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. f PLANNING COMMISSION MEETING, OCTOBER 17, 1984 PAGE 7 The petitioner, Mr. Virgil Werner, stated his present business is located on Osborne Road in Fridley where he has been for nine years. Before that, he operated a business in Columbia Heights. He stated he was purchasing Lots 16, 17, and 18 from Mr. Munson. It was actually a rent/purchase agree- ment. At the present time, he has every indication of exercising the option quite quickly. He stated he had no problem with the stipulations as stated except for #6. He stated he would have an extremely difficult time obtaining a performance bond with that stipulation, because he had no control over lot 19 which the accessory structure was on. He would request #6 be removed. Mr. Robinson stated the property owner, Mr. Munson, has agreed that in the event the property the accessory structure is on does not sell per the purchase agreement, he will take the responsibility to remove the dilapidated structure by June 1985. Mr. Oquist asked Mr. Werner how hazardous chemicals were handled. Mr. Werner stated he was very closely controlled by the EPA (Environmental Protection Agency). He has at least a semi-annual inspection by EPA officials. Ms. Gabel asked how the hazardous chemicals are contained within the building. Mr. Werner stated the chemicals are maintained in the bottom of a tank. When it is full of chemicals, the chemicals are screened out and put into a drum. The drums are picked up by commercial shippers and shipped out. All drums are stored within the building. Mr. Robinson stated Mr. Werner had also indicated there would be no outside storage other than some lumber. Ms. Schnabel stated she would like to discuss the parking stall figure. She stated that as a consumer, she felt Mr. Werner really needed some additional stalls for customers picking up and dropping off materials. Mr. Werner stated he averages less than one walk-in customer a day. He stated his company vehicle will be parked in back and there was ample room for two vehicles. He stated that from experience,the few customers who do come to the shop usually stop in the driveway. He stated he has rarely had two people in the shop at the same time in the nine years he has been on Osborne Road. Of the 3 spaces that would be provided, he felt he would rarely have more than one of those spaces used. However, he would provide whatever parking stalls the Planning Commission and City Council recommended. Mr. Munson stated that in three years when the special use permit is reviewed, if they find the business warrants an additional two stalls, those spaces can be installed at that time. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING ON SP #84-21 BY VIRGIL D. WERNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:49 P.M. PLANNING COMMISSION MEETING OCTOBER 17 1984 PAGE 8 Ms. Gabel stated that regarding stipulation #6, she felt it should be included. If the sale falls through, it is all property that is tied together by one owner. She stated she would like to see this business happen as it will be good for the neighborhood and will clean up the area, but she felt it was also a good time to take care of a problem that has been existing for some time. Mr. Oquist stated he questioned the removal of this structure being part of the stipulations as this lot was not one of the lots involved in the special use permit, request. MOTION BY MR. SABA, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REQUEST FOR SPECIAL USE PERMIT, SP N84-21, WERNER'S FURNITURE SERVICE, BY VIRGIL D. WERNER, PER SECTION 205.05.4 OF THE FRIDLEY CITY CODE TO ALLOW A DIFFERENT COMMERCIAL USE IN S-1 ZONING (SPECIAL DISTRICT FOR HYDE PARI;) ON LOTS 16, 17, AND 18, BLOCK 12, HYDE PARK, THE SAME BEING 5915 3RD STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. REMOVE THE EXISTING FENCE 2. PROVIDE PAVED DRIVEWAY AND THREE PARKING STALLS AS PER AMENDED PLAN 3. PROVIDE CONCRETE CURBING AROUND PARKING LOT AND DRIVEWAY WITHIN 3 YEARS 4. LANDSCAPE LOT AS PER PLAN TO INCLUDE SEEDING OF LOT 5. PAINT BUILDING 6. PROVIDE A $5,000 PERFORMANCE BOND 7. ALL WORK TO BE COMPLETED BY JUNE 1, 1985, EXCEPT CURBING 8. SPECIAL USE PERMIT TO BE ISSUED TO WERNER'S FURNITURE ONLY AND TO BE REVIEWED IN THREE YEARS OR PRIOR TO OWNERSHIP, WHICHEVER COMES FIRST. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on Nov. 5 4. LOT SPLIT REQUEST L.S. #84-11 BY A. G. ASLEFORD: lit off the South 80 feet o t e esternomes !!F feet o the ort er 0 feet of the Northeast Quarter of the Northwof Section , T-30, R-24, together with that part of the Weste Northw Quarter of said Section 12 lying Easterly of State Higand terly of the land described above, to make city records a County records. Subject to easements of record. Mr. Robinson stated tit was coincidental with the Special Use Permit for Twin Cit earlier tonight. This as basically administra- tive housekeeping In 1980 the owners split off, 80 ftand sold it to Mr. Maxwell . This,was recorded with the County but wa never processed through , his time there is a park fee due. Mr. the City. AAsleford has signed the park fee agreement. There are no other recommended stipulations. 6X7UN= MEETI% OF N(JJEMER 5, 1984 MISS DAVA MOBILE HOMES USA, RANDY HUDAK• Mr. Flora stated the Planning Commission recommended to the City Council approval of this special use permit with nine stipulations. MJTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-20, with the following stipulations: 1. Clean up the rear yard. This includes removing debris from mobile homes, several dilapidated storage sheds, and junked trailers. 2. Repair and maintain the gate on the screening fence surrounding refuse container 3. File a drainage easement with the County and the City 4. Submit a landscape plan. This plan should include additional screening along the northwest and southwest corners of the property. 5. Existing sign must be brought into compliance or a variance approved for excess square footage. 6. Setback trailers a minimum of 35 ft. from right of way 7. Special use permit approval contingent upon petitioner submitting a $5,000 performance bond 8. All improvements to be completed by November 30, 1984 , with the exception of landscaping to be completed by June 1, 1985. 9. Special use permit to be reviewed at the first Planning Commission meeting in June 1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12C. CONSIDERATION A REC)UEST FOR SPECIAL E PE 1 T - A DIFFERENT E ' AT R ' FURNITURE SERVICE BY VIRGIL G WERNER• Mr. Flora stated this was a special use permit for the Hyde Park S-1 zone. There were 3 lots which have been used in the past for a golf cart sales and repair operation. An S-1 zone allows this facility to be used for the same type of operation with a special use permit. Mr. Werner is requesting to locate his wood furniture repair shop, on the property. Mr. Flora stated they have discussed the improvement of that parcel to include landscaping along 59th and 3rd Street and access and 3 parking spaces for his business with the future requirement of 2 additional spaces if required. Based on the square footage, city code requires a total of 5 spaces. Mr. Werner has stated he only needs 3 spaces; therefore, they have -16- COUNCIL MEETING OF NOVEMBER 5, 1984 12A. CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #84-19 TO ALLOW TDJACEN R-3 PROPERTY TO BE USED FOR PARKING LOT FOR BUSINESS IN M-1 ZONING. 7191 HIGHWAY 65 NE, KURT MANUFACTURING: Mr. Flora stated this parcel of property is located on the south of 72nd and just east of Highway 65. it is currently owned by Kurt Manufacturing and has two zones--light industrial zone on the front half and R-3 zone on the back half. Mr. Flora stated Kurt Manufacturing is in the process of upgrading their building; and are looking at converting a portion of the property to the rear for parking with a special use permit. Mr. Flora stated the Planning Commission had some discussion on not only the redevelopment and the use of the special use permit, but also on some parking located in front of the building. The Planning Commission recommended that the number of parking stalls in front be reduced from 10 to 7 with some additional landscaping in order to provide some aesthetics off Highway 65. The Planning Commission recommended to City Council approval of SP #84-19 with seven stipulations. Mr. Louis Rosberg, representing Kurt Manufacturing, stated the parking spaces were discussed at the Planning Commission meeting, and he was agreeable to the 7 parking spaces. MDTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-19, with the following stipulations: 1. An acceptable landscape plan which will screen the hard surface areas 2. Six ft. and eight ft. solid wood fencing in front of the loading dock and around outside storage area on the east side of the building 3. Six-inch concrete curbing as per code 4. Approval of southerly curb location contingent upon variancce approval 5. Special use permit is contingent upon the City receiving a $10,000 performance bond 6. All improvements to be completed by June 1, 1985 7. The existing parking spaces in front of the building be reduced from 10 to 7 and these areas be landscaped. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12B. CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT. SP #84-20 . TO ALLOW THE CpWINUTATION OF A 110RIr F HOME SALES TCT AT 7625 VIRON ROAD N E TWIN CITY -15- Y COUNCIL MEETING OF NOVEMBM 5, 1984 allowed him 3 spaces with the requirement that he put in the additional 2 spaces if required. Mr. Flora stated the Planning Commission recommended to City Council approval of the special use permit with 8 stipulations: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-21, with the following stipulations: 1. Remove the existing fence and berm the property 2. Provide paved driveway and three parking stalls as per amended plan 3. Provide concrete curbing around parking lot and driveway within 3 years 4. Landscape lot as per plan to include seeding of lot 5. Paint building 6. Provide a $5,000 performance bond 7. All work, except curbing, to be completed by June 1, 1985 8. Special use permit to be issued to Werner's Furniture only and to be reviewed in 3 years or change in ownership, whichever comes first. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12D. LOT SPLIT REOUEST, LS #84-11, OPF TWO PARCELS TO MAKE CITY RECORDS AGREE WITH ANOKA COUNTY RECORDS BY A.G. ASLEFORD: Mr. Flora stated the property was split by the County, and now that they have been able to discuss this with the property owner, they have asked him to submit a formal lot split request to the City to split off the 80 ft. to the north and add it to this parcel. The planning Commission recommended approval of the lot split subject to the easements of record. He would add the payment of park fee of $1,104. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant lot split request, LS #84-11 , with the following stipulations: 1. Subject to easements of record 2. Payment of park fee of $1,104 Seconded by councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -17- Cn1Nc'TL MEETING OF NfJVEER 5, 1984 MDTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of Oct. 17 , 1984 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF A REOUEST FOR VARIANCE TO REDUCE THE SIDEYARD SETBACK TO A.LCW CONSTRUCTION OF ADDITION AT 7300 COMMERCE LANE OF MINCO PRODUCTS BY KART, saimR (FM!! APPEALS MINUTES OF 9/18/84) : Mr. Flora stated this result deals with the Minco property located on the northwest corner of Commerce Lane and 73rd. The request if for a variance of a sideyard setback f ram. 20 ft. to 10 ft. Currently, they have storage on the outside of the building; but a recent MPCA ruling requires that various hazardous waste be stored under a covered structure. Therefore, the hardship is that Minco is required to have better storage area for non-flammable chemical waste to accumulate prior to haulaway and that the building would be attached and compatible with the existing structure. The addition is proposed to be located where they currently have the outdoor storage and where they will also install some noisy air compressors. This would leave the setback between structures and the property line of 10 ft. , but there is about 100 ft. between this location and the next structure. Mr. Flora stated the Fire Dept. has no problem with this facility being located here. In addition, Minco plans on expanding their building to the west and, allowing the hazardous waste to be stored in this; structure, allow than to process through the plant and also for truck access for hauling it away. If they had to relocate somewhere else, it would create a hardship for manufacturing space and employee parking. The Appeals Commission recommended approval of this variance request. MDTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVING THE MINUTES OF THE CATV ADVISORY CMIISSION MEETING OF OCTOBER 18, 1984: MDTION by Councilman Schneider to receive the October 18, 1984 CATV Advisory Commission minutes. Seconded by Councilman Batnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. _CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH 1,M SALITERMAN FOR THE STORAGE OF DREDGE MATERIAL FOR MOORE LAKE PHASE II PROJECT: Mr. Flora stated representatives from Hickok & Assoc. have met with Max Saliterman and the City assisted in drawing up the agreement to allow the storage of dredge material for the Moore Lake project on Saliterman property if it is required for the Phase II improvements. Staff would recommend the City Council execute this agreement so if they need a storage area for this material, they have a place to put it. -18- 37 THS. THORPE BROS. INC. R 8085 WAYZATA BLVD. R Minneapolis,Minn. 55426 S Telephone Area Code 612-545-1111 113 COMMERCIAL --- INDUSTRIAL REALTOR® PURCHASE AGREEMENT FORM APPROVED BY GREATER MINNEAPOLIS AREA BOARD OF REALTORSe October. 19112 M1IlI]E_4mlis Minn. t-119-84— RECEIVED OF _FRUX M. GARMCIIC the sum of Five Hundred Dollars and no/1005- ------ ( s 500.00 ) DOLLARS check as earnest money and in part payment for the purchase of property Check, Cash or Note—State W% at Southeast Corner - rc'i St. N.E. and 59th Ave. - Fridley, Mintmcpta situated in the County of Anoka , State of Minnesota, and legally described as follows, to-wit: Lot 30, Block 21, Hyde Park Addition to Fridley, Minnesota 11 of which property the undersigned has this day sold to the buye o the sum of: Seo Ihousand Five Hundred D Mars anci _ 110s---:4(. - ( S ) DOLLARS, which the buyer agrees to pay in the following manner: Y.700— L^ �rcVEmPeR Earnest money herein paid S 500.00 and E cash,on "_'---er- 1' 1984 the date of closing. �C.C Fk' �';rl�r� 7V y GA-ST M-Ai't-4c of- /C-,, h`/ Subject to performance by the buyer the seller agrees to execute and deliver a Warranty Deed(to be joined in by spouse, if any)conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances. State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) RIGHTS OF TENANTS AS FOLLOWS: NOM Buyer shall pal VCAhr of the real estate taxes and installments of special assessments due and payable in 1984 and all such taxes and installments of special assessments when due in subsequent years. Seller shall pay Hi-1; Prn Rata of the real estate taxes and installments of special assessments due and payable in 1984 and all such taxes and installments of special assessments in prior years. Seller covenants that buildings, if any, are entirely within the boundary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. The seller further agrees to deliver possession on ___day Of C106ing provided that all conditions of this agreement have been complied with. in the event this property is destroyed or, substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the Buyer's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, interest, insurance, utilities and any other operating expenses, shall be made as of C1w of C1( .n� _ The seller, shall,within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date and to include proper searchescovering bankruptcies,es, andState and Federal judgement and liens. The buyer shall be allowed days after receipt thereof for examination of said title and the making of any objections thereto,said objections to be made in writing or deemed to be waived. if any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder up required shall he postponed, but on correction of title and within 10 q t P I days after written notice to the huger, the parties shall perform this agreement according to its terns. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as provided,this agree- ment shall be null and void at option of but•er ,and neither principal shall be liable o p p p for damages hereunder to the other principal. All none%- theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. it is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the undersigned agent is in no manner hable or responsible on account of this agreement, except to return or account for the earnest money paid ander this contract. It is understood that seller/buyer has until to accept the terms and conditions of this purchase :agree- ment. The delivery of all papers and monies shall be made at the office of: ORPE BROS.INC.,8085 Wayzata Boulevard A ent: BR QVC. 1, the tindersp�med, owner of the above property, do hereby g approve the above ag eement and the sale thereby made. By: i hereby ag ern pure se the said properh for the price and upon the terms above mentioned and subject to all conditions here- /7 _ ( in expressed. Date / Date _ w — ( ) :. (SEAL) GCf-^----' SEAL � --- -- ..- - ___.� • er + uyer -- (SEAL) (SEAL) Seller , 8�ye, �. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. fihSINCE 188.5 o!. Re 36BROS.ANEALTORS REALTOR" 8085 WAYZATA BLVD.MINNEAPOLIS,MN.55426 TELEPHONE AREA CODE 612.545-1111 PURCHASE AGREEMENT COMMERCIAL - INDUSTRIAL 1 ipLieapglls Minn. Oct. 9 19--4_ RECEIVED OF Mb- Constance GuMUfson the sum of _ TIo Hundred FiftDollars and No/100------ ( $ 250.00 _ ? DOLLARS check as earnest money and in part payment for the purchase of property i Check. Ca.h or N te_St to Whtc � at _ ane fot at 5915 - 3rd Street N.E., Fridley, Minnesota situated in the County of Anoka , State of Minnesota, and legally described as follows, to-wit: lot 19, Block 12, Hyde Park Addition to Fridley, Minnesota all of which property the undersigned has this day sold to the buyer for the sum of: Five r1housand Dollars and No/100— ------ ( s 5,000.00 ) DOLLARS, which the buyer agrees to pay in the following manner: Earnest money herein paid s 250.00 and s 250.00 , cash,on Noverber 15, 1984 the date of closing. $4,500.00 by contract for deed (Minnesota Uniform Blank) between Seller and Buyer payable in installments of $64.56 per month, or more at the option of the Buyer, including interest at the rate of 12 percent per annum computed monthly on unpaid balances. Interest shall run frcm date of closing. First payment shall be due and payable on the 15th day of Decettlber, 1984 and succeeding payments shall be due and payable on the 15th day of each and every month thereafter. Payments shall be credited first to interest and remainder to Pro incipal. "7M/5 5,4(-C 15 �otiT/tib EST v/'oi✓ F,0104-6 C r 7 Y GoviV i e_ F'd-�'��c EMcc rlow t74 fE log oLp '6411co; V6 vivT ,,I14- JIt-v / / 0 ks-. Seller shall permit Buyer to be not more than 5 days late on Oona--Tact for deed payme ,/ Subject to performance by the buyer the seller agrees to execute and deliver a el7ntract foe Wa my Deed(to be joined in by spouse, if any)conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances. State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. ((I) littlity and drainage easements which do not interfere with present improvements. (e) RIGHTS OF TENANTS AS FOLLOWS: rine Buyer shall pay_ of the real estate taxes and installments of special assessments due and payable in 1984 aria taxes and installments of special assessments when due in subsequent years. pa- Seller shall y "'1 -'�— - _19$4 > '�of the real estate taxes and installments of special assessments due and payable in- and all such taxes and installments of special assessments in prior years. Seller covenants that buildings, if any, are entirely within the hcwndary lines of the property and agrees to remove all personal property not included herein and all debris from the premises prior to possession date. The seller further agrees to deliver possession on _ day of closing provided that all conditions of this agreement have been complied with. in the event this property is destroyed or, substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the Buyer's option, and all ironies paid hereunder shall be refunded to him. The brayer and seller also mutually agree that pro rata adjustments of rents, interest, insurance, utilities and any other operating expenses, shall be made as of day of closing The seller, shall,within a reasonable time after approval of this agreement, fnmish an abstract of title, or a Registered Property Abstract certified to date and to include proper searches covering bankruptcies, and State and Federal judgement and liens. The buyer shall he allowed days after receipt thereof for examination of said title and the making of any objections thereto,said ohjections to he made in writing or deemed to be. waived. if any objections are so made the seller shall he allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall he postponed, but upon correction of title and within 10 days after written notice to the hover, the parties shall perform this agreement according to its teens. If said title is not marketable and is not made so within 120 days from the date of writtenobjections thereto as provided,this agrees nient shall be null and void, at option of buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall he refunded. If the title to said property he found marketable or be so made within said time, and said huger shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, is their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not he terminated as aforesaid, and provided ;action to enforce such specific performance shall he commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the :approval by the owner of said premises in writing and that the undersu>;ned agent is in no manner haute or responsible on account of this agrPement, except to return or account for the earnest money laid ander this contract. It Is understood that seller"buyer has until to accept the terms and conditions of this purchase agreP- !nent. The delivery of all papers and montes shall tie made at the office of: HORPE JRSS.1NC_8085 Wayzata Boulevard Agent: HgRPQVC. 1, the undersigned. o%kiier of the alx)ye property, do hereh-, approve the alxive agreement and the sale thereby made. By: i hereby re pa chase the said propert. for the price and upon the ternis a liove I entioned and subject to all conditions here- I in expressed. Date _ �_ D a t e - - --- — ---�_._. /G1 Se( e��s•t.�/ —= --�__1_�t - —"' 'Jl'.At,� I oyer._- (SEAL) (SEAL) (SE Al.) Serle, Buyer - TNiS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. r STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of SP #84-21 to allow a different commercial use in S-1 zoning at 5913 3rd Street N. E. SPECIAL USE PERMIT Virgil Werner - Dennis Munson Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of November , of 1984 , on a petition for a special use permit pursuant to the City o Fridley's Zoning Ordinance, for the following described property. Lots 16-18, Bioek 12, Hyde Park IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See Council minutes of November 5, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the l _ day of �yj 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. �. Fridley,MN 55432 SIDNft INMAN, CITY CLERK A Special Use Permit shall become void one year after being granted by the City of Fridley unless or if discontinued for a period of 90 days. (SEAL) ` OCUNCIL FETING OF NOVEMBER 5, 1984 ' HaIS D B/A MOBILE H(XIES USA, RANDY HUDAK: Mr. Flora stated the Planning Commission recommended to the City Council approval of this special use permit with nine stipulations. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use per/oving P X84-20, with the following stipulations: 1. Clean up the rear yard. This includes r debris from mobile hones, several dilapidated storage sheds, and junked trailers. 2. Repair and maintain the gate on the screening fence surrounding ref use container 3. File a drainage easement with the County and the City 4. Submit a landscape plan. This plan should include additional screening along the northw t and southwest corners of the property. 5. Existing sign mus e brought into compliance or a variance approved for excess re footage. 6. Setback traile a minimum of 35 ft. from right of way 7. Special use permit approval contingent upon petitioner submitting a $5,000 performance bond 8. All Yovements to be completed by November 30, 1984 , with the exceptiolandscaping to be completed by June 1, 1985. 9. cial use permit to be reviewed at the first Planning Commission meeting in June 1985. Secondep by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12C. TION OF A REQUEST FOR SPECIALE T, S(P #84-21, TO ALLal A E E SER' FURNITURE SERVICE BY VIRGIL G. WERNER: Mr. Flora stated this was a special use permit for the Hyde Park S-1 zone. There were 3 lots which have been used in the past for a golf cart sales and repair operation. An S-1 zone allows this facility to be used for the same type of operation with a special use permit. Mr. Werner is requesting to locate his wood furniture repair shop, on the property. Mr. Flora stated they have discussed the improvement of that parcel to include landscaping along 59th and 3rd Street and access and 3 parking spaces for his business with the future requirement of 2 additional spaces if required. Based on the square footage, city code requires a total of 5 spaces. Mr. Werner has stated he only needs 3 spaces; therefore, they have -16- y COUNCIL IL ME-FTING OF NNEMBER 5. 1984 allowed him 3 spaces with the requirement that he put in the additional 2 spaces if required. Mr. Flora stated the Planning Commission recommended to City Council approval of the special use permit with 8 stipulations: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-21, with the following stipulations: 1. Remove the existing fence and berm the property 2. Provide paved driveway and three parking stalls as per amended plan 3. Provide concrete curbing around parking lot and driveway within 3 years 4. Landscape lot as per plan to include seeding of lot 5. Paint building 6. Provide a $5,000 performance bond 7. All work, except curbing, to be completed by June 1, 1985 8. Special use permit to be issued to Werner's Furniture only and to be reviewed in 3 years or change in ownership, whichever comes first. Seconded by Councilman HaQmernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12D. LpT SPLIT gEC)UEST, LS #84-11 , OPF TWO PARCELS TO MAKE CITY RECORDS AGREE WTTfi ANVK� COLS' RECORDS BY A.G. ASLEFORD: Mr. Flora stated, the property was split by the County, and now that they have been able to` discuss this with the property owner, they have asked him to submit a formal lot split request to City to split off the 80 ft. to the north and add it to this parcel. Zh planning Commission recommended approval of the lot split subject to easements of record. He would add the payment of park fee of $1,104. MOTION by Councilman Schneider concur with the recommendation of the Planning Commission and grant split request, LS #84-11 , with the following stipulations: 1. Subject to easeme of record 2. Payment of park ee of $1,104 Seconded by council Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -17- 4 1 City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department STIPULATIONS FOR !,!EP,"JEP,S FURNITURE / DENNIS MUNSON SPECIAL USE PERMIT SP #34-21 1. REMOVE EXISTING FENCE , 2. PROVIDE PAVED DRIVEWAY AND THREE PARKING STALLS AS PER AMENDED PLAN . 3 . PROVIDE CONCRETE CURBING AROUND PARKING LOT AND DRIVEWAY WITHIN THREE YEARS, 4 . LANDSCAPE LOT AS PER PLAN TO INCLUDE SEEDING OF LOT . 5. PAINT BUILDING , 6. REMOVE ACCESSORY STRUCTURE BY .JUNE 110 1935, 7 . PROVIDE A $5,900 PERFORMANCE BOND , H. ALL WORK TO BE COMPLETED BY .JUNE 1, 1935, EXCEPT CURBING , 9. S X . P. TO BE ISSUED TO WERNERS FURNITURE ONLY AND TO BE REVIEWED IN THREE YEARS OR PRIOR TO OWNERSHIP . C11Y OF FMDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 Virgil Werner . CITY COUNCIL July 22, 1986 Werner Furniture Service 6341 Madison Street N.E. ACTION TAKEN NOTICE Fridley, M 55432 On November 5, 1984, the Fridley City Council officially approved your request for a Special Use Permit, SP 484-,21, to allow a different commercial use in S-1 zoning (Special District for Hyde Park) , on Lot 16, 17, and 18, Block 12, Hyde Park, the same being 5915 - 3rd Street N.E. with the following stipula- tions: 1. Remove existing fence. 2. Provide paved driveway and three parking stalls as per amended plan. 3. Provide concrete curbing around parking lot and driveway within 3 years. 4. Landscape lot as per plan to include seeding of the lot. 5. Paint building. 6. Provide a $5,000 performance bond. 7. All work td be completed by June 1, 1985, except curbing. 8. Special Use Permit to be issued to Werner's Furniture only and to be reviewed in three years or prior to ownership, which ever comes first. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Daryl Morey Planning Assistant DDM/l= Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley by August 6, 1986. I, , concur with act ion taken.