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SP80-01 CITY QF FMOLEY, SUBJECT �l7 64;31 UNIVF?PSITY AVC. NF. SPECIAL USE PERMIT FAIDLEY, MN. 65432 [6121.571-3450 SP # 80_01 ADDRESS 5750 East River Rd. DATE 218/80 PLANNING COMMISSION: P.H. DATE March 5, 1980 APPROVED i�_ DISAPPROVED DATE Plarch 5}1980 NO 1 CITY COUNCIL: P.H. REQ'D_None DATE _- N/A NO N/& CITY COUNCIL: APPROVEDX DISAPPROVED DATE March 17 , 1980 NO STIPULATIONS: NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY — ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT 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? ryes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property 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 proceedings resulting from the failure to list the names and addresses of all residents and property owners of property 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 proposed structure on the lot, 3. Dimensions of property, proposed structure, and front and side setbacks. 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 SIGNATURE -`-' APPLICANT ADDRESS TELEPHONE NO a'W f �� Frr.'• r ,F 1�r� µmi ��y, pp y u 4 x,ti',iZ, �'�fi. z t '. ..t tl r .'z r +{ ,� e+t �•.` L ��'�,wi�z �i 313 _ a,}^`t +;'hA S#�`�*e'�',,. fi F ,�' s1''h-.�}� i«p�• �r�$� t �('�' � }`" �� `°t �' t� d'..,4`ir•t�'7r�a'��.s� �'r+• K � . •SST ^� 3- C ': q � + ,a� 57 1 i �� ? *�'" f"1���� a �4k•`,t�}=x, t F C k try 4r.` g �a � 1 Kit ,MA � Ear A ;w>•.isa C�t u"^S ��. '��� 'f.. "�x�' x k �� '.Ei� F, � ,t r y!z Ott �?y ♦ 'e, �Y� f k' iyy" I* , AA. f' S4l'�{r3M.; Td�i +`''� ..'YV'�9P59 .n �'� -. U:�t�u C J K'} l ' • yu} .,�' 3 y: 3,4c�i '*t'h -;Y i-�y'✓M 1 'r4.j;wr tr �3'� d . �3^ to 41�`�x• t �P" t. n�ti y i� ,3 r ,�a#" ' 9, 1� , ..�tdhry z ��'�µ-�k�}�" c m ,9 !a't'1 a s��'�2��"' :•"�j5 tW w L xl� s t. 42r wo 3y� ✓•` ''� � .:LSSN{tY 1 t�t'� „s� � '�Fk"�r x t `'2Y' '�'.`�, >>#f i� ' .� _,.n,l'^arBfxm�f:_,td,x�. ,a �$f�'t.a�b4.�r.#�?c •,*� CITY OF FRIDLEY MINNESOTA _ 2 � � ( PLANNING AND ZONING FORM NUMBER ,,� TYPE OF REQUEST APPLICANT'S SIGNATUR /��,`,',,., ; Rezoning fl�-2 �G' 1/�f` A')� ` f Special Use Permit Address ��. Telephone Number Approval of Premin- inary & Final Plat PROPERTY OWNER'S SIGNATURE Streets or Alley Vacations Address ;r��G' ��'-�� i�-<_ ,s.- �_��'-• Other Telephone Number r� Fee Receipt No. 5-6o Street Location of Property .��7 J ,�� Legal Description of Property Present Zoning Classification Existing Use of Property�� �•� ,,, z',�t� � Acreage of Property Describebriefly /the proposed zoning classification or type of use and improvement proposed 71 3 �'Iias 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 v no. What was requested and when? The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) 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 proceedings resulting from the failure to list the names and addresses of all residents and property owners of property 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 proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 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 applidation are true and correct. DATE SIGNATURE (APPLICANT) Date Filed Date of Hearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied 1 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, March 5, 1980 in the Council Chamber for the purpose of: Consideration of a request for a Special Use Permit, SP #80-01 , by Kathleen Vikesland, to allow a child day care center in the administrative and recreation building of the Georgetown Apart- ment Complex, the same being 5750 East River Road N.E. , per Section 205.071 , 3, G, of the Fridley City Code, located on part of Tract B. Registered Land Survey No. 38, lying in the North Half of Section 22, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: February 20, 1980 February 27, 1980 ifl r r n� 'P rr`� 4 .iWiY }x..Ci•�� •'�e�� R�!Y�.:i` t�� yq+.4'� , F�•yj7r•' ^2 A n LWA . r r: 7f r � ' t f fel.R ". ��+•y'. ✓>,��, k; A` yr_ 3 Planning Commission February 22, 1980 MAILING LIST Kathleen Vikesland SP # 80-01 to allow a child day care center in the administrative and recrea- tion building of the Georgetown Apartment Complex, the same being 5750 East River Road N.E. , per Section 205. Kathleen Vikesland 270 - 117th Lane N.E. Fridley, MN 55432 Marvin Filister 5750 East River Road Fridley, MN 55432 East River Estates Block 2, Lot 1 150 - 591Z Way Dale Egland 5180 Brighton Lane New Brighton, MN 55112 151 - 591-, Way. Fitbar Enterprises 960 Adeline Lane Minneapolis, MN 55422 190 & 191 - 5912 Way Tropicana Co. 6250 Wayzata Blvd. Minneapolis, MN 55416 5940 E. River Road Ed & Mels Entr. 723 Keniston Street Champlin, MN 55316 5950 E. River Road Packer Inv. Co. 321 University Ave. S.E. Mpls. , MN 55414 4 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 /AAkIA February 5, 1980 Ms. Kathleen Vikesland 270 - 117th Lane N.E. Blaine, MN 55434 RE: Day care center location Dear Ms. Vikesland: In our phone conversation on 2-5-80, you requested zoning infor- mation for the operation of a day care center located at the George- town Apartments. Our zoning code allows such an operation under the R-3 zoning dis- trict, in which you would be operating, provided that your operation is an accessory use of the Apartment complex and is provided only for the tennants of that complex and have no advertising or display visible from the outside of the building. It will also be necessary to apply for the necessary licenses required to operate a day care facility through Anoka County and the State of Minnesota. If you have any questions regarding this item please feel free to call me at 571-3450. Sincerely, Jerrold L. Boardman City Planner JLB/sk C-80-09 r. SUBJECT CITY Or- FFllr]r.GY, i r' rVllr%JNt-z SOTA APPUCATION msrzwrz+ Un- *r.aawft w.Acrn-�n-TN"- —%Now oa�R�es Lupo Cr. MS,om 1JUr(IUCf 1 :�{:v rvq� ��pprovc�� I,y Uo10 ....,_ F=ILE_ NO/ ADQL7� - FII_ TE COMPLETE REVIEW CHECKLIST (/�"� CSL`-TUREU TO PLANNING Ci�u1 `J �'" Q A E z lee, COMMENTS Fl 17 .... Ile . CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 5, 1980 CALL TO ORDER: Chairman Harris called the March 5, 1980, Planning Commission meeting to order at 7:39 p.m. ROLL CALL: t Members Present: Mr. Harris, Mr. Oquist, Ms . Hughes (arr. 7:50 p.m.), Mr. Treuenfels , Ms . Gabel (for Ms . Schnabel), Mr. Langenfeld S Members Absent: None Others Present: Jerrold Boardman, City Planner t� Jan Fickett, 1468 - 97th Ave. N.W. Kathaleen Vikesland, 270 - 117th Lane N.E. Steve Krenz, 1430 - 100th Ave . N.W. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #80-01, BY KATHALEEN VIKESLAND: To allow a child day care center in the administrative and recreation building of the Georgetown Apartment . Complex, the same being 5750 East River Road N.E. , per Section 205 .071, 3, G, of the Fridley City Code, located on part of Tract B, Registered Land Survey No. 38. MOTION by Mr. Oquist, seconded by Mr. . Langenfeld, to open the public hearing for SP #80-01 by Kathaleen Vikesland . Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7:40 p.m. r Mr. Boardman stated that on Feb. 5, 1980, he had a conversation with Ms . Vikesland. She was requesting zoning information on the operation of a day care center at Georgetown Apartments . He told her that under the City Codes, this type of operation would be an allowed use within the apartment complex as an accessory use of that complex, if it was to be strictly for the complex itself. However, she did want to draw children from outside the complex, so this is the reason this is before the Planning Commission with a special use permit, since there is presently apartment complex use on the land itself. Mr. Boardman stated he had no difficulty with the proposed day care operation. E Mr. Harris asked Ms . Vikesland if she would explain the type of operation she was proposing. f Ms. Vikesland stated it would be a day care center. They felt a day care center would not be very successful if they were to draw from the apartment complex only, and felt it would be a great benefit to the community. There is a great need for day care centers , and they would like to draw children from the community, rather than just the complex itself. PLANNING COMMISSION MEETING MARCH 5, 1930 PAGE 2 i Mr. Oquist asked if there was any problem with operating outside the apartment fi complex. Ms . Vikesland stated, no, that the complex owners were in complete agreement with this operation. Mr. Oquist asked if Ms . Vikesland had any idea as to the enrollment. Ms. Vikesland stated she had no idea at this time. They were trying to get an advance enrollment right now. She thought there was approximately 10-12 children under kindergarten age within the complex. They have a maximum E capacity of 45 children. Mr. Langenfeld asked where the day care center would be located. i Ms. Vikesland stated they would be located within the central office building. There are rooms below with separate entrances to the back for each room and this is what they would rent. Ms . Gabel asked about the parking situation and if there would be any problem in loading and unloading the children. Ms . Vikesland stated there is a horseshoe parking area, parking available in front of the office building, and a lane around the side, so they do not foresee any problem with parking spaces or the loading and unloading of children. Mr. Boardman stated he did not see any problem. There was a light interchange for getting into and out of the complex, plus there was plenty of stacking area. Ms. Gabel asking during what hours would the day care center be operated? Ms . Vikesland stated the day care center would be open from 6:30 a.m. - 6: 00 p.m. Ms. Gabel asked if they had checked into the necessary licenses from the State of Minnesota and Anoka County for the day care operation. Ms. Vikesland stated, yes, they will be state licensed. They will be non- profit, and will be catering their lunches and snacks through the Dist. 11 public school system. . .Adams School during the winter and Roosevelt School during the summer. Ms . Gabel asked Ms . Vikesland to explain how they operate as non-profit. Ms . Vikesland stated they will draw salaries for directors, a certified teacher, and aides, but any other proceeds will not be profitable and will be passed on to a non-profit organization. . Mr. Treuenfels stated he was concerned as far as the funding of the day care center. Would this be entirely paid for by the parents of the children or will they be receiving grants? PLANNING COMMISSION MEETING, MARCH 5, 1980 PAGE 3 Ms . Vikesland stated they are not working with any state grants . Although state grants are available ,right now they did not feel the need for them. They have personal contributions, and to keep it operating, there will be fees charged to the parents . The fees will be $40 a week for full-time students j and part-time fees will be lower. They will have an hourly rate for after- school children, but the minimum is $4.50 per day. 9 Mr. Langenfeld asked if they would accept mentally handicapped children. Ms . Vikesland stated they have gone into that with the licensing and whether or not to have a special program for those children. She really did not feel they were qualified to take care of mentally handicapped children, but they would, of course, have to keep their enrollment open for all children. Ms. Gabel asked about the required safety codes . Mr. Boardman stated that prior to any opening, the City would require an inspection of the unit by the City Building Inspector, primarily because this type of operation constitutes an occupancy-type change within the building and therefore any changes would have to be done before the operation begins . The Fire Dept. would have to inspect the building also. Ms . Vikesland stated the Fire Dept . has already inspected the building, and they are making provisions for what is required, such as smoke detectors , etc. The Health Dept. will be making inspections before they can be licensed, and they will have regular inspections by the Health Dept . Also, the Building Inspector was next on their list, but were told to wait for the decisions from the Planning Commission and City Council first. Mr. Harris asked if there would be an outside play area with playground equip- ment . His concern was also that the property was about 100 ft. from the riverbank. Ms. Vikesland stated that to be state licensed, they must have an outside play area with playground equipment . They have talked to the state consultant, and if they fence the area, there will be enough square footage for the number enrolled. It will meet all the safety requirements . Ms . Gabel asked if there was a long-term agreement with the management so the care care center could continue. Ms . Vikesland stated the lease is so stated that they have the option to renew yearly. It is a long-term arrangement with the owners of the complex. MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to close the public hearing for SP #80-01 by Kathaleen Vikesland. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 7:53 p.m. Y i t c l PLANNING COMMISSION MEETING, MARCH 5, 1980 PAGE 4 i f MOTION by Mr. Langenfeld, seconded by Ms . Gabel, that the Planning Commission i recommend to City Council approval of a request for a special use permit, SP #80-01 by Kathaleen Vikesland, to allow a child day care center in the administrative and recreation building of the Georgetown Apartment Complex, the same being 5750 East River Road N.E., per Section 205 .071, 3, G, of the Fridley City Code, located on part of Tract B, Registered Land Survey No. 38. Ms. Gabel stated that, as a working mother, she could vouch for the fact that there is a shortage of responsible people to leave children with. There is a real problem in this area, and this day care center will tend to help that problem somewhat. Mr. Langenfeld stated he did not feel there was any need for stipulations, because the required licenses seemed to take care of that and the special use permit will have the control element. Ms . Hughes stated she had no objections to the child day care center, but would abstain from voting as she had arrived late and had not heard the full discussion. UPON A VOICE VOTE, HARRIS, TREUENFELS, GABEL, LANGENFELD, AND OQUIST VOTING AYE, HUGHES ABSTAINING, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED. Mr. Harris stated this would go to City Council for approval on March 17. 2. RECEIVE FEBRUARY 7, 1980, HOUSING & REDEVELOPMEN AUTHORITY MINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to receive the Feb. 7, 1980, Housing & Redevelopment Authority minutes ./AlPdvIAN Ms. Gabel stated that Ms . Schnabo now if the questions raised by Ms . Schnabel at the Feb. 27tho ission meeting on a conflict of interest has been answered. Mr. Harris stated he had been untact Mr. Commers, Chairperson of the HRA, but would contact Mr. Ciscuss this with him. UPON A VOICE VOTE, ALL VOTING AYHARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE FEBRUARY 21, 1.980, HDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Oquist, seconded y Ms . Hughes, to receive the Feb. 21, 1980, Housing & Redevelopment Autho ity minutes . Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 4. RECEIVE FEBRUARY 19, 80 ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to receive the Feb. 19, 1980, Environmental Quality C mmission minutes . log. --� REGULAR MEETING OF MARCH 17, 1980 PAGE 2 l ORDINANCE NO. 709 REPEA!.ING CHAPTER 108 OF� THE CITY CODE OF FRIDLEY IN I:' ITS E14TIRETY AND ADOPTI`.IG A t 'W CHAPTER 108 ENTITLED FIRE PREVENTIO^': MOTION by Councilman Schneider to waive the second reading of Ordinance j No. 709 and adopt it on the second reading and public Seconded by Councilman Barnette. Upon a voice vote, all voting a e, Mayor Nee declared the motion carried unanimously. ff Councilman Schneider requested that staff notify a /1cccupants affected by I the new Chapter and to keep the Council informed s to when the facilities, covered under this ordinance, come into'complian e. CONSIDERATION OF APPOINTMENT TO CABLE TELEVISI ! COMMISSION TABLED MARCH 3, 1980): I F10TION by Councilman Schneider to nominate ane Peterson, 7376 Stinson Blvd. N. E., Fridley, for appointment tot Cable Television Commission. Seconded by Councilman Barnette. i There being no further nominations, the ominations were then closed. i MOTION by Councilman Schneider to cast a white ballot for Duane Peterson. Seconded by Councilman Fitzpatrick. pon a voice vote, all voting aye, Mayor Nee declared the motion Carrie unanimously. RECEIVING PLANNING COMMISSION MINUT S OF FEBRUARY 27, 1980: MOTION by Councilman/stated atrick o receive the minutes of the Planning j Commission Meeting oruary 2 , 1980. Seconded by Councilman Schneider. Mayor Nee asked if tty En neer has talked to the Planning Commission regarding drainage athe chroer property. Ms. Barbara Hughes sth s item was brought up at the Planning Commission meeting, however, thgineer had only been on the job for about a geek i and vrasn't present aeting. She stated the Commission would still like f - a visit from the Citi eer to explain the drainage. l . Mr. Qureshi, City Manage , stated information can be given to the Planning f Commission on the plwhat standards the City is using. He stated they are, basically, usinstandards of the Rice Creek Watershed District. UPON A VOICE VOTE TA THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. i i RECEIVING PLANNING COMMISSION MINUTES OF MARCH 5, 1980: i REQUEST FOR A SPECIAL USE PERMITCSP `80-0 , TO ALLOW CHILD CARE i CENTER IN GEORGETOIdN APARTMENT REC -P,�BUILDING, 5750 EAST RIVER i ROAD, BY KATHLEEN VIKESLAND: i ! MOTION by Councilman Fitzpatrick to concbr with the recommendation of the j Planning Commission and grant Special Use Permit, SP #80-01. Seconded by Councilman Schneider. j 1 (� Councilman Barnette asked if this center would have to comply with the new Fire Code. I - I Mr. Qureshi, City Manager, stated they would have to meet all the new codes I and an inspection would be made by the Fire Department to make sure they are in compliance with all the codes. � - i Ms. Vikesland stated the Fire Department has made an inspection of the premises and they have some regulations to comply with such as smoke detectors and protective alarm systems. i Councilman Fitzpatrick questioned their non-profit status. Ms. Vikesland stated this is- a non-profit corporation which means the funds will be going into the corporation and disbursed accordingly. She stated the only funds I coming in would be their own and they would be receiving no funds from other i `I 1 • i i REGULAR MEEIING OF AUGUST 4, 1980 PAGE 3 f i Mr. Qureshi, City Manager, felt it may be better to have the public hearing on j all the issues at one time. + I MOTION by Councilman Fitzpatrick to set a public hearing for the special use permit on September 15, 1980. Seconded by Councilman Schneider. Upon a voice ivote, all voting aye, Mayor Nee declared the notion carried unanimously. CONSIDERATION OF LOT SPLIT REQUEST, LS r80-04, TO MAKE NEW BUILDING SITE, 5175 - 2-1Z STREET, D & E CONSTRUCTION: Mr. Flora, Public Works Director, stated this request is to split off the South 14 feet of Lot 7 and add it to Lot 6, Block 26, Hyde Park in order to make anew I building site. At this time, 7:55 p.m., Councilwoman Moses arrived at the meeting. j MOTION by Councilman Fitzpatrick to concur with the recommendation-of the Planning I I Commission and grant Lot Split, LS 7T'80-04. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, stated if this property has not paid the appropriate ' Water, Sewer and Storm Sevier assessments, they would pay their proportionate share. Mr. Lee Ekenberg, representing D & E Construction, stated they have taken soil i borings on the lot to determine if it is buildable and the structure proposed conforms with all building codes. Mr. Ekenberg explained the reason they want the additional 14 feet is in order to meet the code requirements. He stated they have a 24 x 40 foot house planned for this lot,and, under the Housing and Urban Development 235 program, they would be putting in a driveway, but no garage would be built at this time. Councilwoman Moses questioned the requirement for a garage, since this was required several weeks ago when another applicant was building a new home. Mr. Qureshi, City Manager, explained this lot was platted before the ordinance i adopting the garage requirement, therefore, the only requirement would be for a driveway and off-street parking pad. I Councilman Schneider asked if Lots 7 and 8, with removal of this 14 feet, would j remain legal lots. Mr. Flora stated, they do meet the square footage require- ments, but are short one foot on the front footage. Councilman Schneider questioned if it would be better to have a 13 foot lot split and then .grant a variance for reduction of the lot size. f Mr. Qureshi, City Managerl; stated; in lots that are platted before 1955, there is lower front footage requirement, which would be the case in this instance. Mr. Qureshi pointed out this is an area where the City has had drainage problems. i Mr. Ekenberg stated they don't anticipate any drainage problems on, this lot, however, they would be installing drain tiles. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LOT SPLIT REQUEST, LS "80-05, TO MAKE NEW BUILDING SITE TVACATED ORD. 371), 5750 - 3RD STREET, EDWARD S. JONAK: Mr. Flora, Public Works Director, stated the owner of Lots 4, 5, and 6, Block 2, - 1 wishes to split off the North 70 feet of these lots, including all that part of i57-2 Avenue N.E. (vacated,,/ordinance 371), City View, to make a new building site. Mr. Flora stated a utili ` easement would have to be vacated, and the petitioner is requesting a waiverof the vacation fee. i i 1 1 -- - CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 March 21 , 1980 CITY COUNCIL ACTION TAKEN NOTICE i r ' Kathaleen Vikesland 270 111th Lane N. E. Minneapolis, Mn 55434 On March 17, 1980 the Fridley City Council official.y approv d your request for #80=01 , fora day care __center with the stipulations listed below. 5750 East River Road, Fridley, Mn Please review the noted stipulations, sign thl '- statement nelov,', and return one copy to the City of Fri dl�Y. If you have any ou,.,stions regardino tl?n ,it` ove action, plccisn Call the Community Dcvolop+ii^rrt Office at 571-3450. Sincerely JF �ROL L. G OE .Di AN SYITY PLANNER JLB/de ✓ Stipulations: None Concur w-i ti, ac.Jon taken.