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SP71-16 wf- CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA PLANNING AND ZONING FORM Rezoning Number -h—' +r _ _Special Use Permit 7/-/(, Variance APPLICANT'S SIGNATURE 46,x, C91 !/(� Lot Splits Address (o, 1k) =- .n�u sc Approval of Pre- liminary Plat Telephone Number 7R r — Approval of Final Plat PROPERTY OWNER'S SIGNATURE (J __Streets or Alle7--.._ Address G� n-o-�c, i�.� Vacations Telephone Number_ �/ �/ Other Street Location of Property Legal Description of Property. I-err 6 0 C Present Zoning Classification —1 Existing Use of the Property Proposed Zoning Classification, Special Use, Variance or other request Describe briefly the Type of Use,`and the Improveme��nt //Proposed Acreage of Property Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? ILC. When? What was Requested Fee Enclosed $ D Date Fileds-`0 3 y Date of Hearin • PLANNING AND ZONING FORM PACE 2 Number ' 7/ The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must 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 defect in the pro- ceedingS resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersi3ned. Residents and Owners of property within 300 feet: PERS014S ADDRESS 13 0/0 c 7W� A sketch of proposed property and structure must be dravn on the back of this form or attached, showing the following: 1. :North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 5. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE S IGidATURE _ZZ-71�,__>_,, (APPLICANT) Approved Denied By the ioard of Appeals Subject .to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Sollowing Conditions: date Approved Denied by the Council on Subject to the Following Conditions: date Form PC 100 1,16 D Al 13 13 i OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission of the City of Fridley will meet in the Council Chambers of the City Hall at 8:00 P.M. on Wednesday, December 8, 1971 to con- sider the following matter: A request for a Special Use Permit, SP 471-16, for Everett F. Utter, as per Section 45 .051, 2, A, Fridley City Code, to construct an accessory building for storage on Lot 6, Block 2, Moore Lake Hills Addition, Generally located at 6084 Woody Lane N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: November 24, 1971 December 1, 1971 yr RIZjf&-L i _ SP #71-16; Everett-..Fr--Ut"ter L. b, Bl. 2, Moore Lake Hills Add". - 15 For accessory storage bldg. per City Code 45.051, 2 A y r�Oo�Y 7 GC p 0 r :« �� N1/4 ---- -----31 sa n SE aa3Jr 3 2 II , Ac 17 f +a L til, M Lr�r.s / • �' CREST 'pRNE� - ie ` © y� 7,wmvrA`f/erncL G,rr � T �p• I�� ! � ! 1 lrr! • i V r • z i b •� � I aJ[d �1 tz ;+j• `''G 1 '�'.f '1' �f I�/ !7 18 P. ! rsl lfronar,r♦�,f �,r �� .. V` 2+`V .�� � ,^ .,, ••h r ��`'� CREST p m Zf b ?t a « y , xL - R. 4 .� _ i _ \ J[ 3J 33 3 - - ,� LJ'ronsOn-FirLSOn//Kt .. __� _ .FI T � ` _ �• AV - �f �,+ l t - • _ -• : .anal/Yi d 'F'. •.. .� ..a ,e. �-. �,r "� :... .-. YMELOLAND , GARDENS Pa 3�r� ' �'`�`y` ' 'L wtir°"` 1 ' I ARKV/EW ELEMENTARY +•_- �� _ i> .•ej�.f/ .le �+�•r_ a,�i .w�N s,_.S{I I�LOL S ,_ _ o •i r -,2,f V r tJ•t'°/ i W. - f p _`>.j - 3 ...� -2 LV� V y1•1`j $ -�-t• pf"` r c. 4, .: - • M ti - h;i 4,i.W.r.r j Dry i J _f ZW _ _ r rrrw _. L _�i4.+,Alr.bks•.e �y .A,sr A. -- — — D' g / g.. l � o f gry• m _. $ GARDENA �''-- ;: ! G%L,A6e —OF FRiotEY M 4• - I I d + T 3 J y 1s.= Rarer UJ A13 o, a .6 / 1; � 5 h 6 '\ `./ _` 7 �o.v'•r` ;0°a,.y r� I � r: Ti s QN'�S• .;r ,f"Yx ;Z --LLLr`✓✓✓ S I �. —� 4k Request for Special Use Permit SP #71-16 By Everett F Utter Page 2 Mr. & Mrs . Bernard Bruins 1359 Hillcrest Drive N.E. Fridley 55432 Mr. & Mrs . Rueben Watlov 1355 Hillcrest Drive N.E. Fridley 55432 Mr. & Mrs . Everett F. Utter 6084 Woody Lane N.E. Fridley 55432 - o�a �, -- - - -- -- - ----_ i2 oo do 612 4r - 7-C Planning Commission Meeting - November 17, 1971 Page 6 NOTION by Zeglen, seconded by Fitzpatrick, in view of the changes in zoning and traffic along Highway No. 65, the Planning Commission recommends approval of the rezoning request, ZOA #71-09, by Castle Mobile Homes, Inc. of the Westerly 600 feet of the Northerly 750 feet of the NE!4 of the NW-4 of Section 12, to be rezoned from M-1 (light industrial areas) to C-2S (general shopping areal) . Upon a voice vote, Zeglen, Fitzpatrick voting aye and Minish, Erickson, Schmedeke voting nay, the MOTION FAILED. MOTION by Minish, seconded by Schmedeke, that the Planning Commission recom- mend denial to the City Council of the rezoning request, ZOA #71-09, by Castle Mobile Homes, Inc. of the Westerly 600 feet of the Northerly 750 feet of the NEk of the NW1,. of Section 12 to be rezoned from M-1 (light industrial areas) to C-2S (general shopping areas) . Upon a voice vote, Minish, Schmedeke, Erickson voting aye and Fitzpatrick, Zeglen voting nay, the motion carried. At this point, in light of the vote on the rezoning request Mr. Minish said, the Special Use Permit is a moot question. If Council does not agree with the denial of the rezoning by the Planning Commission, the Special Use Permit should be referred back to the Planning Commission for recommendation. ITEM 1 (CONTINUED FROM PAGE 1) : PUBLIC HEARING: REZONING REQUEST, ZOA #71-10, MRS. LLOYD MURPHY: The Westerly Half of Lot 18, Block 1, Spring Valley Addition to rezone from C-1S to C-2 (general business areas) for a small putting course. Chairman Erickson said, that because of a conflict of interest, he would not vote on this item. The petitioner had not appeared. MOTION by Zeglen, seconded by Schmedeke, that the Planning Commission table until the December 8, 1971 meeting the rezoning request, ZOA #71-10, by Mrs. Lloyd Murphy to rezone the Westerly Half of Lot 18, Block 1, Spring Valley Addition from C-IS to C-2 (general business areas) for a small golf putting course. Upon a voice vote, all voting aye, the motion carried unanimously. 5. CONFIRM PUBLIC HEARING DATE OF DECEMBER 8, 1971: Request for a Special Use Permit, SP #71-15, by Curt R. Swanson for a parking lot on part, of Lots 18 and 19, Auditor's Subdivision #129. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission confirm the public hearing date of December 8, 1971 for the request of a Special Use Permit, SP #71-15, by Curtis R. Swanson for a parking lot on part of Lots 18 and 19, Auditor's Subdivision #129. Upon a voice vote, all voting aye, the motion carried unanimously. 6. CONFIRM PIU$LIC HEARING DATE OF DECEMBER 8, 1971: Request for a Special. Use Permit, SP #71-16, Everett F. Utter for a second accessory storage building on Lot 6, Block 2, Moore Lake Hills Addition. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission con- firm the public hearing date of December 8, 1971 for the request of a Special Use Permit, SP #71-16, by Everett F. Utter for a second accessory storage building on Lot 6, Block 2, Moore Lake Hills Addition. Upon a voice vote, all voting aye, the motion carried unanimously. i Planning Commission Meeting - December 8, 1971 Page 2 Chairman Erickson asked if the administration decided the printing plant was a permitted Use. Mr. Qureshi assured him it was. Mr. Swanson said two members of the Council looked over his present building in order to see what kind of a building would be coming in. His present location is 782 29th Avenue Southeast and is known as Aetna Lithograph Company. Mrs. Saba, 7345 Central Avenue: She was just wondering if the petitioner would be putting up a fence between the parking lot and the homes. Chairman Erickson told her the Commission and Council would require screening and it is also required in the Ordinance. Mr. Swanson added that part of the plant is kept in operation all night. At the very most there would be four or five cars in the parking lot at night. During the daytime there would be approximately 40 cars. MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission close the public hearing for the Special Use Permit, SP #71-15, by Evert Swanson concerning part of Lots 18 and 19, Auditor's Subdivision #29, except the East 190 feet, for a parking lot in vacant R-1 area per City Code 45.051, 3E, Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Swanson said whatever regulations are asked for by the City of Fridley, he agrees to follow. The Commission felt the cart was before the horse in this request. The petitioner was asking for a parking lot, on a landlocked piece of ground, but no mention was made who was going to use it. The suggestion was made by Mr. Qureshi that if the Commission felt this approach might be satisfactory to them, they could approve the Special Use Permit subject to getting approval of the plans for the building by the Building Standards-Design Control Subcommittee and the Council. NOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission recommend approval to the Council of the Special Use Permit, SP #71-15, by Evert R. Swanson, for part of Lots 18 and 19, Auditor's Subdivision #29 except the East 190 feet, for a parking lot in vacant R-1 area per City Code 45.051, 3E, subject to the approval of the plans for the printing plant by the Building Standards-Design Control Subcommittee and the City Council and that the require- ments for screening of the parking area be met. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT, SP #71-16, EVERETT F. UTTER: Per Section 45.051, 2-A, Fridley City Code to construct an accessory building for storage on Lot 6, Block 2, Moore Lake Hills Addition. Mr. Everett Utter was present. The part of Mr. Utter's lot that abuts Central Avenue is very low and close to a storm culvert and that is the reason for putting the accessory building on high ground. P t Planning Commission Meeting - December 8, 1971 Page 3 Mr. Harold Lind, 6076 Woody Lane: There has been,,�road put in, but if a culvert were installed, Mr. Lind would have no objections. The driveway is in, but no culvert under it. Mr. Utter explained that seven years ago Mr. Nelson and he got the City to put in a temporary storm sewer that goes back to within 40 feet of Old Central and empties there. When the County put in Old Central, he asked the County if they would put a culvert on private land. Water has been running over the property. As of now, it is in the process of being connected so there would not be any water problem once it is connected. The City Engineer said that originally when this area was developed, there was no storm sewer. In 1965 the Public Works Department put in a storm sewer. Recently they have extended the pipe closer to the culvert. Probably a culvert will be installed under the driveway next spring. Hopefully the drainage problem will be solved in this area and there will be no water standing on the lot South l of Lot 6. It is too late in the season now to finish the work. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission close 1 the public hearing of the Special Use Permit, SP #71-16, by Everett F. Utter. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #71-16, by Everett F. Utter to construct an accessory storage building on Lot 6, Block 2, Moore Lake Hills Addition per Section 45.051, 2-A of the City Code. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Utter said he did not plan to build until the culvert is completed. 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT. P.S. #71-04, BURLINGTON NORTHERN INDUSTRIAL PARK PLAT NO. 1- FRIDLEY, BY BURLINGTON NORTHERN, INC. : Being a replat of the East 333 feet of Lots 3, 4, 6, 7 and 8, except the South 200 feet of Lot 6, and East 333 feet of Lot 2 lying Northerly of I-#694, Auditor's Subdivision #78, subject to easements of record. Mr. Robert H. Brokopp, Supervisor of Title and Closing, of Burlington Northern Inc. was present. MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission waive the ,reading of the Public Hearing Notice for consideration of the proposed preliminary plat, P.S. #71-04, Burlington Northern Industrial Park Plat No. 1 - Fridley by Burlington Northern, Inc. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Qureshi said that this plat is part of an agreement made with Burlington Northern about a year ago. The City wanted the East half of this property platted into smaller lots so the land would not be occupied by the railroad company but rather be sold to other developers for smaller industrial sites. They felt this would be one way to provide a buffer between the railroad tracks for the people living on the East side of Main Street and secondly getting some property back on the City tax roll. The railroad company is on the tax roll now for the land, but the additional tax would be for the buildings. REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 6 2. REQUEST FOR SPECIAL USE PERMIT, SP #71-16, EVERETT F. UTTER: (Per Section 45.051, 2A, Fridley City Code to construct an accessory building for storage on Lot 6, Block 2, Moore Lake Hills Addition) The City Engineer showed the area on the overhead projector, and stated that the Planning Commission recommended approval. He said the City was working with the property owner on some drainage problems. Some work was done this spring and it should be finished next spring. MOTION by Councilman Mittelstadt to concur with the recommendation of the Planning Commission and approve the request for a special use permit to construct an Laaccessory building. Seconded by Councilman Harris. Upon a voice vote, all voting ye, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. #71-04, BURLINGTON NORTHERN INDUSTRIAL PARK PLAT NO. 1 - FRIDLEY, BY BURLINGTON NORTHERN# INC. : Being a replat of the east 333 feet of Lots 3, 4, 6, 7 and 8, except the south 200 feet of Lot 6, and east 333 feet of Lot 2 lying northerly of I. 694, Auditor's Subdivision #78, subject to easements of record. The City Engineer explained this plat is west of Main Street and was part of the agreement between the City and the railroad when they gave them the rezoning for the railroad yard expansion. The City asked that 300' along Main Street be platted into industrial lots. The Council's action would be to set a Public Hearing date on the proposed final plat. Councilman Harris questioned whether it was 300' or 330' they were supposed to plat. The City Engineer said that it would be 330' to the center line, and this conformed to the agreement to the best of his knowledge. He also showed them where the road on 57th Avenue will line up on the map. MOTION by Councilman Breider to set the Public Hearing on the proposed final plat for January 17, 1972. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 4. LOT SPLIT REQUEST, L.S. #71-14, BY EUNICE 0. ENGELHARDT: Lot 5, Block 2, Rivexwood Manor Addition. To establish two building sites. The City Engineer explained that this lot is 154' wide, and when it was platted they thought a larger lot would sell, but they are having trouble selling it. He said that even after a split the lots would be wider than the ordinance requires. The City Engineer said that the applicant should know that one additional sewer and water service will be necessary, so there will be that cost involved. MOTION by Councilman Kelshaw to concur with the recommendation of the Planning Commission and approve the lot #plit request with the stipulation that the applicant be advised of the need for installation of another water aid sewer service. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, the motion carried unanimously. 5. GUIDELINES FOR LATS SUBSTANDARD IN SIZE: The City Engineer showed a map of Plymouth Additon on the overhead projector, which had the recommendations of the Planning Commission shown for each sub- standard size lot in the addition. The lots were marked to show whether they were tax forfeit or owned by private owners. The Planning Commission had REGULAR COUNCIL MEETING OF DECEMBER 20, 1971 PAGE 5 Mr. Eldon Schmedeke, visitor to the Council Meeting, asked if there were going to be sewer and water connections to the restrooms. Councilman Harris said they will have to provide these. Mr. Schmedeke also asked if they will be able to assess this, as not being able to assess it would be one objection to a tempo- rary office. The Petitioner, Mr. Rotter, stood up in the audience and said he would go on record that he would allow it to be taxed as a permanent structure or real estate. Councilman Kelshaw requested this be listed as a stipulation: (14) The office will be taxed as a permanent structure. Mr. Schmedeke expressed concern that this would be the start of another mobile park. The City Attorney said that it would take a rezoning before it could become a mobile park. The Petitioner, Mr. Rotter, was asked if he would agree to the 14 stipulations mentioned. Mr. Rotter said that they definitely will concur. - MOTION by Councilman Harris to grant the special use permit to Castle Mobile Homes subject to the 14 stipulations listed. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING FRO14 R-3 TO C-2 - GENERAL REALTY: The City Engineer showed the area requested for rezoning on the overhead pro- jector. He pointed out t1lat the Planning Commission recommended approval, after discussing that they would like to see the alley improved ,to 53rd Avenue when the rest of the alley is being done. Councilman Harris agreed, as he would not want to see the alley done just half way in this area. The City Engineer said that the rezoning for the Way Dar Land Corporation (Little Dearborn - antique car shop) will be coming back to the Council at the same time this rezoning will be back for a second reading and the alley can be discussed at that time. MOTION by Councilman Harris to adopt the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Kelshaw, Kirkham, Mittelstadt and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 8, 1971: 1. REQUEST FOR A SPECIAL USE PERMIT, SP #71-15 BY EVERT R. SWANSON: (Lots 18 and 19, Auditor's Subdivision #29, except the east 190 feet, for a parking lot in vacant R-1 area per City Code 45.051 - 3E. The City Engineer showed the lots on the overhead projector and explained that this is basically a landlocked piece of property, and they want to provide a parking lot for the customers of their proposed printing plant. MOTION by Councilman Harris to concur with the recommendation of the Planning Commission and approve the special use permit subject to the approval of the plans for the printing plant by the Building Standards - Design Control Sub- committee and the City Council and that the requirements for screening of the parking area, as discussed in the Planning Commission Minutes, be met. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously.