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SP80-05 1, CITY 0;= FRIDLGY, SUBJECT � SPECIAL USE PERMIT G431 UNIVQRSITY AVE. NE. FRIDLEY. MN. 65432 [612).5371-34S I 692)371-34So SP # �05 ADDRESS 7151 Highway 465 N-E, DATE PLANNING COMMISSION: P.H. DATE__EMZ80 APPROVED X DISAPPROVED DATE 6/18/80 NO 1 CITY COUNCIL: P.H. REQ'D None DATE f4JA_ NO N/A CITY COUNCIL: APPROVED X DISAPPROVED DATE 7/7/80 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? yes 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 1 CITY OF FRIDLEY MINNESOTA CANNING AND ZONING FORM NUMBED ,,PLANNING TYPE OF REQUEST <APPLICANT'S SIGNATURE ,u,'� fx-�U Rezoning Address 71-S-/ Z:4/a,�&Z�5c f �s �i"�, t/ Special Use Permit Telephone Number S7/ ppb n Approval of Premin- inary & Final Plat j� PROPERTY OWNER'S SIGNATURE Streets or Alley • r , / _ Vacations Address �` J lV � (J Other Telephone NumbeK /—!! . Gtr,�r� Fee Keceipt No. Street Location. of Property Z � Legal Description of Property. Present Zoning Classification Existing Use of Property Acreage of Property Describe briefly the proposed zoning classification or type of use and improvement proposed � -J R Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on 4ypsubject site or part of it?_ yes no. What was requested and when? b 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. S. 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 JZ2,S 1 SIGNATURE (AP CANT) Date Filed �+- Date of Hearing Planning Commission Approved City Council Approved (dates) Denied (dates) Denied C, V ade (ap ........... ........... . ..... . by a n�d br"wee n Donald W. Harstad ......... ......-1................................................................................................................... . 1,....................._..........I......... ..I...... ............ .. ........................................................... ........................................ ............................................... . ................................................. . ....................I...... es, Inc. , a corporation under All Seasons Mobile Homes, ....I............. .............................11............. party of the. first part, Lessor....., and .- .....................................I................ ..............-......... the laws of the...State_ of...M.i.n.n.es.o.t.a.....................................................................party of tiv- second part, Lessee_....,.......................................... Mitnt5igetb, That the said party of the firid,part, in oonzideration of the rents and co-venants, herein f ter mentioned, does hereby Demise, Least and Let unto the said party of the second part, and the said party of the second part does hereby hire and take from the said party of the first part, the follow- iribdescribed preti7i,isca, situated inthe County of. - ..........A-n-ok-a................................................................... and State of Minnesota..................................................................................I viz: .... ................... The West Three Hundred Seventy-five (W 375) feet of Lot Three (3) , Auditor's Subdivision No. 89; subject to a street and utility easement over the Westerly Forty (W 40) feet thereof. Zo babe anb to 5$o1b, The above rented premises unto the said Lessee......, ...........its.................hairs and term of.....One...(1.)...year year ..................................................f rom and after the assigns, for and aurin the full ......... ...... ...................................... 26thJune19.........80...I ................I....................... .................................... .................................................................day of..........-...... . . . .......................... .......................................................................................................................................................................................................................................................... .............................................................................................................................................................I............................................................................................ .dnd the said Lessee...... agdree....Asto and with the said Lessor...... to pay as rent for the above mentioned prem- Six Hundred Fifty and no hundredths ($650.00)-----------------DOLL.4RS ..............I..........I.............................. ...... prem- isesthe sum of....I....................11................ ................................. The Lessor agrees to allow Lessee to renew this Lease for the following periods: A one (1) year term from the 26th day of June, 1981 at $700.00 per month;, A one (1) year term from the 26th day of 'June, 1982 at $750.00 per month. The Lessor agrees to pay the real estate taxes. It is agreed by and between the parties hereto that if All Seasons Mobile Homes, Inc. , replaces its present mobile office with a new mobile office, and if, as a consequence,, the real estate tax is increased, that All Seasons Mobile Homes, Inc. , will compensate the land owner for any increase in said tax. ...................................................................................................................................................for and during the f ull term of this Lease. .Ind it is further agreed by and between the parties as follows: That should the said Lessee...... fail to ma" the above. mentioned payrnent8 as herein specified, or to pay the rent afore.8aid when due, or fail to fulfill any of the, covenants herein contained, then and in that oaze, it shall be lawful for the said Lessor. .... to re-enter and take possession of the above, rented premises, and. hold and enjoy the aa7ne without such re-enteringworkin,� a forfeiture of the rents to be paid and the covenante to be performed by the said Lessee... for the full term of this Lease. .Ind the said Lessee..... also oovenant.,S. and aOrm...S to and with the said Lessor...... not to "sign this Lame, or underlet the above, rented premises or any part thereof, without first obtaining th.., written oon8ent of the said Lessor .., and that..it........will, at the expiration of thz time as herein recited, quietly yield and sur rcndtr the aforesaid premises to the,said Lessor .,., - his.... hairs and assigns, in as good oon&tion and repair as when it took thorn, reasonable wear and tear ar,2 damage by the eLzm-enta alone e-wepta. .Ind the said Lessor..... does..covenant that the said Lessee......, on paying the rent and performing the coutnants aforesaid, shall and may peaceably and quietly have, hold and enjoy thezaid demised premises for the ternz, aforesaid. In Ztgtimonp Mbarot, Both parties have hereunto set their hands and amle the year fr8t above. written, SEASON S..MOBy .E,HOMES, .................. By: ...... . ............ RViy*d Swanson Its . Its 1�esident .................................................................................................... ---------- ------- 41 ti tuts Of MTKNES.01A............................... Countyof..................A.N.O.KA................................ ............I................................. ...................... before. me, a On this........................./C hl..:............... day o. ............... D. 19............. Notary. Public ......................Within and for said County, personally appeared Donald W. Harstad . ........... .1 ......................................................... ...... .................................................................................................................................... .. ... . ........... ........................................................................................................................................................................................................................ to nze known to be the person..... described in and who e-wcuted the foregoing Lnatru7noent, and tickyt,owledded that .....he..... executed the acme as...........hi-S...................free act and deed. XAAGA A 6 A AAA A A A A A A A&A A AAA 4 t*( KAEEN E. BROV-N NOTARY PUBLIC-P,1:N�N'E wVotary Pu-blio ANOKA COU'4T) My Commission Expires Jai.2 County of.............J��---Iutwl-c�.............................. .If y oommission.eXPIM8........................... . 4 ....... . ...... 19.61 st'lzm ........ 1005"i—C'cr-ilicalf of AckncbwIcdgrrgnt.By Cor pol"On �—�tatr of............ MIA T5!( ('e)14?,t of ......... M.om............................................ On this. Z.A.day of........... ..................... be fore ),ne a ............Notary within Reynold t. -§�ans-&�........ u and for said COL"LtY personally appeami . .. . ... ........... . ...........I............. ............. ...................................................... ........................................................... to itii r persona ll known, u)jjo, bcipj.s*�"'by Me d u I y sworn_.... .to >rU he is the.................................. pl.eRj,cicnt XMXR�x .......... did say that . .....I .. Homes, ... ........ . . of All seasons Mobile Ho ._.................................................of lorcffoirsif in ...... -.1...... .. ................. ... ...... ............. ....................... instrument, and that the Real affixed to said instrument is "w- corporation named in the and that the corporate seal of said corporation, said instruni-ent was signed and sealed in behalf of said corporation by authority of its Board Directors Of ......................................................................and 8aid..........��f-YT�9;4 g ......$yAXjgpjj.. . ............................................................................zcicaj;4: ....................... . free act and deed r/.,Q.ir.p4i�pn...................................................................acknowledj�ed said instrument to be t7te. of acid KAREN E. BROWN ............................................................ . ................................... NOTARY PUBLIC-M NNESOTA Xclary Public.... . . ... ... Me................................................................County ANOKA COUNTY klyCommissionExpitesian.28 1983-w� Afy commission expires ....... . . . . . . . ........... T v1Q-.p............................... 19. xyyyyryffyyyyy ..... bzlts universicy avenue ziui.L.,&=cuo. Fridley, Minnesota 55432 0 560.3450 r. J .*f F:j��h1.4lillr ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 June 7, 1972 NOTICE The City Council of the City of Fridley is meeting on Monday, June 12, 1972 at 7:30 P.M. in the Council Chambers of the City Hall for consideration of extending the Special Use Permit, SP #72-07, for a Mobile Home Sales lot by Reynold E. Swanson to be located on the West 375 feet of Lot 3, Auditor's Subdivision No. 89, subject to a street and utility easement over the Westerly 40 feet (generally located at 7151 Highway No. 65) . Anyone desiring to be heard with reference to the above matter may be heard at this time. FRANK G. LIESL MAYOR ii I PUBLIC HEARING BEFORE THE PLANNING COMMISSION s Notice is hereby given that there will be a Publi,c , Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 . University Avenue Northeast on Wednesday, June 18, 1980. in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #80-05, by Reynold E. Swanson, per Fridley City Code, Section 205. 101 (3N) to permig the entension of the present Special Use -Permit for a mobile home sales lot, located on the West 375 feet of Lot 3, Auditor's Subdivision No. 89, subject to a street and utility easement ' over the Westerly 40 feet thereof, located in the South Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 7151 Highway #65 N.E. 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: June 4, 1980 June 11 , 1980 i R x)1 - Swanson = ' � r•:= .:�• f O� +�' LOA 3 1 �,� 1,,�� '' � •i - 't \ ; _ Asad. Subs 4# Mi. lb 01 7151 Hwy 5 '� SP #80-05 : •us /� iy P��9zc�:z._� :..� � Vit;? w p o`i L ?80.0' ! : o ;�•��•�•.• '+ .� .-jai: Srpii Aaiiic�Sts/.�..�slx saw''._rr?--•- -- :�� _ ,Tim-+Gc a• +' • /yliiJstrofpos ti �'.+iifa/,►c,�/inyyXifAM ajVi LIJ 1i „ A•.i'tlotar Ahzo- • > +tt aw �'�'" -�`��''_.4 _.,.., V� �Lo N Aci WSI + , \ (beo) -S �a - Ce-�criatioiis DY r 17 � � •7�n f O �� Qi a� W 4 � - (!Do) - Ick - . Ile (e-g .�Di •h '� f:ir//.'� --.1910? ,:.�- �; ' � l��' I' ,a I ;-:� � 3 i �E./ria! i�l'• �.- Oil TO 12•• • �I --: I Qom- - ! _'� -. X84...... ..... f� • ...... � / _. i ^ zip+oo• '` 'js i i 4Aic - _ ?T Planning Commission 6-5-80 MAILING LIST SP #80-05 Reynold E. Swanson Mr. & Mrs. Kurt Nordenstrom 418 Rice Creek Blvd. N. E. 1245 Norton Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Donald Harstad Ruth J. Norton 7101 Highway #65 N.E. 1251 Norton Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 Joseph P. Miller, Jr. Debra Masingill 1305 72nd Avenue N.E. 1275 Norton Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 James R. Determan Kenneth Kowalke 2297 Stinson Blvd. 1152 Norton Avenue N.E. New Brighton, Mn 55112 Fridley, Mn 55432 Determan Welding & Tank Service, Inc. Mr. & Mrs. Louis Gray 1241 72nd Avenue N.E. 1170 Norton Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 Rustic Oaks Corp. Mr. & Mrs. Ellsworth Berkstrand 1200 72nd Avenue N. E. 1200 Norton Avenue N.E. Fridley, Mn 55432 Fridley, Mn 55432 N. H. Geroux Mr. & Mrs. Daniel Mabel 7191 Highway #65 N.E. 1214 Norton Avenue N. E. Fridley, Mn 55432 Fridley, MN 55432 Tillie C. Berglund Le Roy Smith 7112 Central Avenue N. E. 940 44th Avenue N.E. Fridley, Mn 55432 Minneapolis, Mn 55421 Wade L. Norton Target Stores, Inc. 835 Columbia Blvd. 777 Nicollet Mall Minneapolis, Mn 55418 Minneapolis, Mn 55402 Mr. & Mrs. Robert Rosecrans 1163 Norton Avenue N.E. Fridley, Mn 55432 Jerry 0. Sympson 1175 Norton Avenue N.E. Fridley, Mn 55432 Mary Brent 1215 Norton Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Harry Dettman 2064 Hastings Ave. Newport, Mn 55055 4%0 we eao f YOWO Phone: Sunset 4-8221 GENERAL CONTRACTORS 7101 Hiway 65 N.E. Fridley, Minnesota 55432 November 13, 1974 City of Fridley Mayor and City Council Gentlemen: We have had, as you know, All Seasons Mobile Homes leasing my land immediately North of our office building for the past three years. Mr. Swanson has asked me to continue leasing this lot to him as he is most desirous of keeping his business in Fridley at this location. At the present time, I have no prospects for the building on this lot and with the cost of financing as high as it presently is I don' t see anything developing very soon. Mr. Swanson is a resident of Fridley, a member of the Chamber of Commerce, and certainly has been a good tenant and a good neighbor. I think he has done an excellent job of keeping his lot neat, clean and attractive. If the council would see fit to extend his permit, I would be willing to continue leasing him this lot. Yours truly, . 1 Don Harstad 560.3450 cit of 7. 1-ii[ecy ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 554-2 December 31 , 1974 Reynold E. Swanson 418 Rice Creek Blvd. Fridley, Mn 55432 Re: Special Use Permit, SP #74-16, for Mobile, Home Sales Lot, 7151 Highway #65 N.E. Dear Mr. Swanson: This is to notify you that the Fridley City Council at their regular meeting on December 16, 1974, approved your request for a Special Use Permit, SP #74-16, for a Mobile Home Sales Lot to be located at 7151 Highway 65 N.E. , with the following stipulations: OPERATOR 1 . A Special Use Permit to operate a. mobile home sales lot is given only to Reynold E. Swanson as an individual and he will be the operator of the business. If the business changes hands or he no longer is the majority owner and operator of the business, the permit will be null and void, and would have to be reviewed by the City Council before transfer. OFFICE 1. The office trailer will be blocked on concrete blocks and the base will be skirted with aluminum. The office will be connected to utilities; such as water, sewer, gas and electricity. . 2. Two restrooms will be installed in the office for the public's use. 3. The office trailer will be taxed as a permanent structure. MOBILE HOMES 1 . There will be no permanent residents in the mobile homes and no repairing or storage of damaged trailers. i 2. There will be a minimum of 10 feet of space between trailers. LOT 1. The public_ and employee parking lot areas to be blacktopped by October 1 , 1975. 2. The area on the West side of the lot will have more rock and additional �.� Reynold E. Swanson SP #74-16, for Mobile Home Sales Lot, 7151 Highway #65 N.E. December 31 , 1974 Page 2 r planting and no existing trees will be removed. Precast curb will be put along the entrance and along the parking area for the # customers. 3. The land will be kept clean and free of all debris, junk, and unsightly material and all green areas will be kept free of weeks, cut and well groomed. 4. There will be no washouts on the property due to surface drainage and if there are any, these will be filled in and taken care of immediately. LIGHTING 1 . Adequate security lighting (a minimum of two lights at the East end of the lot) will be installed for better observation by the police. SIGNS 1 . The existing sign will be used, but.there will be no flashing or feeling of motion in the light. 2. The Operator will comply with the requirements of the Sign Ordinance regarding banners, pennants, etc. PERMIT 1. This Special Use Permit be issued for a maximum of five years or to run concurrently with the lease, which ever is less. If you have any questions, please feel free to contact me at 560-3450. Sincerely, DARREL CLARK DC/de Community Development Administrator r All Seasons Mobile Homes, Inc. 7151 HIGHWAY 65 N.E. $P #fin-�6 FRIDLEY, MINNESOTA 55432 TELEPHONE(612) 571-0070 April 21 , 1980 The City Council City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Re: Special Use Permit Gentlemen; I am writing in regards to the special use permit granted by you to operate a mobile home sales, owned by me, at 7151 Highway #65 N.E. The existing permit expires this year and I am requesting a renewal be granted for a period of three (3) years. This time period will coincide with my new lease, from June 26, 1980 through June 26, 1983, a copy of which I have enclosed. I have operated at this location for the past eight (8) years. I think it has been managed in a business like manner and has been an asset to your city. I will continue to own and operate it if this permit renewal is granted. Your consideration is greatly appreciated. If any other information is reauired or necessary please contact me at this office. Thank you for your past and future help. S ' cerely Reynold E. Swanson President Encl. r SP #80-05 7151 Hwy #65 t Reynold E. Swanson It *t Y, jt 1� Lli \ p it >tds� a AMEWUL u, .05 - j ^�� ---ter�r�a -_tEoeMs,r—s��r[—quo-mre-++ax►- JO S/ 'V Aa: , O .i •R -1...�,Li •' F1C1U f`^ N 3Q i 4.0 1 � - i t ' i PLANNING COMMISSION MEETING, MAY 21, 1980 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated Special Use Permit SP #80-0 would go to City Council on June 2. MOTION by Ms . Gabel, seconded by Mr. Lan nfeld, to suspend the rules and adopt "Renewal of Special Use Permit SP 74-16 as Item 2 on the agenda. Upon a voice vote, all voting aye, Chairman arris declared the motion carried unanimously. 2. RENEWAL OF SPECIAL USE PERMIT SP #74-16 for Reynold Swanson to operate a mobile home sales lot, located on the West 375 feet of Lot 3, A.S. #89, the same being 7151 Highway #65 N.E. : Mr. Harris asked if this was a renewal of a special use permit or a reviewal of a special use permit? Mr. Boardman stated that when City Council granted this special use permit, they granted it for a period of five years; but nothing was said about whether it was to be renewed or reviewed. Mr. Harris stated he discussed this Monday night at the City Council meeting with Virgil Herrick, City Attorney. It was Mr. Herrick's opinion that if this is a review, the Planning Commission can handle it as an agenda item, but if it is a renewal, if the existing permit expires, there is some question of whether it has to go to public hearing because it is like a new special use permit. Mr. Oquist stated that on page 2 of a letter dated Dec. 31, 1974, to Reynold E. Swanson from the City of Fridley, it stated that "this Special Use Permit be issued for a maximum of five years or to run concurrently with the lease, whichever is less ." He felt that meant this special use permit is a renewal. Mr. Boardman stated the Planning Commission had talked before about what they . wanted to do on these kinds of things . He thought the Planning Commission j had decided to stop looking at renewals of things and start just having reviews of special use permits . The way this request is laid out is not very { clear at all. Mr. Treuen€els stated that in Mr. Swanson's letter dated April 21, 1980, to the City Council, he was requesting a renewal of the special use permit . Mr. Boardman stated the way they have set up the policy or process is that a renewal--any permit that was going to be renewed--would not have to go through the public hearing process, but would follow the normal process of being reviewed by the Planning Commission and City Council, because, primarily, ! the Planning Commission and City Council would be looking to see if the operation was in compliance with the requirements of the special use permit. He stated he would like some clarification on how the Planning Commission wanted to handle this . PLANNING COMMISSION MEETING, MAY 21, 1980 PAGE 4 Mr. Oquist stated that assuming this operation is in compliance with the special use requirements, they could not deny the special use permit under a reviewal process . But, assuming the City did not want trailer sales anymore, if it was a renewal, they could then deny that renewal of the special use permit and eliminate that business . + Ms. Gabel stated that if there were people who had any complaints against this operation, the City would never know about those complaints with just a reviewal process and no public hearing. Mr. Boardman stated that once a special use permit is granted, there are some real problems in legally denying a special use permit with either a renewal or reviewal, because special use permits are granted to the land and go with the land regardless of the operation. Mr. Harris referred to the second paragraph in the Dec. 31, 1974, letter from the City of Fridley to Mr. Swanson: "A Special Use Permit to operate a mobile home sales lot :is given only to Reynold E. Swanson as an individual and he will be the operator of the business . If the business changes hands or he no longer is the majority owner and operator of the business, the permit will be null and void, and would have to be reviewed by the City Council before transfer." Mr. Harris stated that statement was legally unsound. Mr. Boardman stated this trailer sales operation is a very clean operation. They have followed all the special use stipulations, and he really did not see any reason why they shouldn't go ahead and process this special use permit. The City has never had any complaints about the operation. Mr. Langenfeld stated it was his concern that the special use permit be rewritten so that the name was off the special use permit and the special use permit went only with the property. Mr. Harris stated he had the feeling they should have Mr. Swanson go through the public hearing process again and request City Council to waive the fee. The way the special use permit is written, it looks like the permit has expired. Mr. Oquist stated the special use permit apparently expired on Dec. 31, 1979, so Mr. Swanson was operating illegally with no special use permit at this time. Therefore, Mr. Swanson should be asked to request a new special use permit . MOTION by Mr. Langenfeld, seconded by Mr. Oquist, that Special Use Permit, SP #74-16, by Reynold Swanson to operate a mobile home sales lot, located on the West 375 feet of Lot 3, A.S. #89, the same being 7151 Highway #65 N.E. , be continued until such a time that the proper notices and procedures required for a special use permit are issued, with the stipulation that the City Council waive the fee and that a public hearing be conducted. Mr. Harris stated that Mr. Boardman should talk to Mr. Herrick about just having to notify the people within 200 ft. of the mobile home sales lot, rather than having to publish notices in the newspaper. l � PLANNING COMMISSION MEETING, MAY 21, 1980 PAGE 5 Mr. Boardman stated that when this comes back to the Planning Commission, they should try to clean up the language on special use permits and decide how they want to handle special use permit reviews . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED, THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE PUBLIC HEARING NOTICE FROM CITY OF SPRING LAKE PARK: Rezoning and Special Use Permit to be used for the construction of a 60-unit apartment complex for the elderly, generally located in the vicinity of Terrace and Osborne Roads . Meeting will be held May 27, 1980, at 7:30 p.m. MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to receive the public hearing notice from Spring Lake Park. Mr. Harris stated that what bothered him about Spring Lake Park's projects was the drainage. Would this project substantially increase the flow into Fridley's storm sewer system? He thought it probably would. He stated that one advantage with this project is that Spring Lake Park will need Metropolitan Council's concurrence, because of funding. He felt he or Mr. Boardman should attend the public hearing on May 27 and see how Spring Lake Park intends to handle the quality and quantity of wa r. After they see what Spring Lake Park's plans are, if there is a prob m, they can write a letter to Metro- politan Council. 7 t UPON A VOICE VOTE, ALL VOTING AYE,, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE MAY 1, 1980, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Treuenfels, seconded by Mr. Langenfeld, to receive the May 1, 1980, Human Resources Commission minutes . Mr. Boardman stated that the Human Resources Commission had made a motion on page 3 recommending to City Council, thtough Planning Commission, that the Human Resources Commission does not see a demand for the No-Fault Grievance Procedure. i Mr. Harris stated the Planning Commission could discuss whether they agreed with the findings of the Human Resources Commission. If they do agree, they could concur with that motion. Mr. Treuenfels stated that, as a/member of the Planning Commission, he did not really concur with the views% expressed by the Human Resources Commission. Ile felt it would be worthwhile / or the Commission to at least be attentive to the needs of the people and the to the expressions of those needs . Maybe the Human Resources Co fission could not really do.what was suggested in the No-Fault Grievance Pr cedure, but he felt it would have been better if the Fridley Human Resources Commission had followed the example of Coon Rapids 4-t, a I PLANNING COMMISSION MEETING, MAY 21, 1980 PAGE 6 and Columbia Heights and gone ahead with at least listening to complaints at this level. Then, if need be, passing those complaints on to the Department of Human Rights . Mr. Treuenfels stated he would be happy if the Planning Conflnission would concur with the Human Resources Commission's motion as made, but recommend that if the circumstances should change in the future, the Human Resources Commission look at this procedure again in a year or two years from now. MOTION by Mr. Treuenfels, seconded by Mr. Langenfeld, that the Planning Commission concurs with the motion made by the Human Resources Commission that the Human Resources Commission does not see the demand for a grievance committee at the city level and would recommend that the grievant be referred to the State Department of Human Rights or other appropriate organization, with the recommendation that if circumstances appear to have altered,the Human Resources Commission take another look at this entire area sometime in the future. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY-. 5. RECEIVE MAY 8, 1980, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. . Langenfeld, seconded by Ms . Gabel, to receive the May 8, 1980, Housing & Redevelopment Authority minutes . Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 6. RECEIVE MAY 13, 1980, APPEALS COMMISSION MINUTES: Ms. Gabel stated that these minutes were a little incomplete as no discussion was included on the variance request. She stated that when these minutes go to City Council, she would like a statement included in the minutes that a brief discussion was held on that item. MOTION by Ms . Gabel, seconded by Mr. Treuenfels, to receive the May 13, 1980, Appeals Commission minutes, but that the minutes be amended to include a statement that a brief discussion was held on the variance request . Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. Chairman Harris declared a ten-minute break at 9:15 p.m. 7. CONTINUED: PROPOSED CHANGES T0/ APTER 205 . ZONING: Mr. Boardman stated they would like to set the Zoning Code up for public hearing before the City Council on July 1. They would like to have it adopted and zn operation in August. He stated that if the Planning Commission does not think they can finish the Zoning Code at their regular meetings, they should consider having special meetings . Mr. Harris stated they should see how far they get on the Zoning Code at this meeting and then decide whether to have a special meeting. s CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 18, 1980 CALL TO ORDER: Chairman Harris called the June 18, 1980, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Treuenfels, Mr. .Langenfeld, Mr. Oquist, Ms . Hughes, Mr. Wharton Members Absent: Ms . Schnabel Others Present: Jerrold Boardman, City Planner Reynold Swanson, 418 Rice Creek Blvd. N.E. APPROVAL OF JUNE 4, 1980, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to approve the June 4, 1980, Planning Commission minutes as written. Upon a voice vote, all voting aye, Chairman Harr;; declared the motion carried unanimously. APPROVAL OF SPECIAL PLANNING COMMISSION MEETING MINUTES OF JUNE 9, 1980: MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to approve the June 9, 1980, Special Planning Commission%meeting minutes .as written. Upon a voice vote, all voting aye, Chairman Farris declared the motion carried unanimously. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #80-05 BY REYNOLD E. SWANSON: Extension of a Special Use Permit to continue as a mobile home sales lot, on the West 375 feet of Lot 3, A.S . #89, subject to street and utility easement over the West 40 feet, per Section 205 .101, 3, N, of the Fridley City Code, the same being 7151 Highway #65 N.E. MOTION by Mr. Langenfeld, seconded by Ms .Hughes, to open the public hearing: on SP #80-05 by Reynold E. Swanson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7:35 p.m. Mr. Boardman stated that this was brought to the City Council and then the Planning Commission in May. At that time, it was determined by the Planning Commission that a new special use permit be applied for and that a public hearing be conducted. This has been done and this item has come back to the Planning Commission for action. PLANNING COMMISSION MEETING, JUNE 18, 1980 PAGE 2 Mr. Harris explained that the reason this was brought back to the Planning Commission was because it appeared that the special use permit had expired, according to the expiration date,and also because there were some modifications that should have been made within the context of the special use permit. Mr. Harris asked Mr. Swanson if he would like to make a statement. Mr. Swanson stated he has tried to operate within the City laws and guidelines for the past eight years, and he will continue to do so. If there have been any problems, he has never heard about them, and he has been complimented by the City for some of the things that he has done such as plantings, shrubbery, etc. Mr. Boardman stated that Staff has reviewed this and sees no problems . Mr. Swanson has done everything he was supposed to do within the stipulations of the special use permit. He would recommend that the Planning Commission grant the special use permit and not put in any stipulations of review on the special use permit. Mr. Boardman stated the question the Planning Commission had previously was whether the permit should expire or whether it should be handled with a review process . The difference is that if they make the statement to have the special use permit expire, the applicant has to reapply and the neighbors have to be notified. On a review situation, no public hearing is ::equired, and the opecial use permit would be reviewed every five years . MOTION by Mr. Langenfeld, seconded by Ms . Hughes, to close the public .hearing on SP #80-05 by Reynold E. Swanson. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 7:40 p.m. MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to recommend to City Council. the approval of a request for a special use permit, SP #80-05 by Reynold E. Swanson: Extension of a Special Use Permit to continue as a mobile home sales lot, on the West 375 feet of Lot 3, A.S . #89, subject to street and utility easement over the West 40 feet, per Section 205 .101, 3, N, of the Fridley City Code, the same being 7151 Highway #65 N.E. , with no stipulations . Mr. Treuenfels stated he did not concur that there be no stipulations on the special use permit. He felt a periodic review of the special use permit would be beneficial and five years might be an appropriate time period . Ms. Hughes stated that the only thing that could be reviewed is whether or not the operation was still sale of mobile homes . Since that is the only thing the special use permit is granted for, it would get reviewed automatically if there was a change in that use. Unless they were going to review other people's special use permits, she did not like the idea of reviewing this operation just to see how well it was doing. She disagreed with the need for a periodic review, because the special use permit would be automatically reviewed if there was a change in the special use. PLANNING COMMISSION MEETING, JUNE 18, 1980 PAGE 3 Mr. Oquist stated he also did not think a review process was necessary. If they were to go with a review process, he was not sure that five years would- be the right timing to coincide with lease periods . Mr. Boardman stated that if there is a violation of the special use permit, other than what is clearly listed on the special use permit, it can be brought back at any time and that special use permit can be removed. Ms . Hughes stated she understood Mr. Langenfeld's motion to be the granting of the special use permit to the property for the use of a mobile home sales lot and nothing else. Mr. Langenfeld stated that was correct. UPON A VOICE VOTE, HARRIS, LANGENFELD� OQUIST, HUGHES, AND WHARTON VOTING AYE, TREUENFELS VOTING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED.- Mr. ARRIED;Mr. Harris thanked Mr. Swanson for coming and stated this would go before City Council on July 7, 1980. 2. RECEIVE MAY 27, 1980, ENERGY C%ZaSSION MINUTES: MOTION by Mr. Wharton, seconded by Mr. Treuenfels, to receive the May 27, 1980, Energy Commission minutes . Mr. Wharton stated he would like to point out some important items in the minutes . On, page 5, item 4, the Energy Commission discussed solar access. He stated that this past week, the City of Minneapolis adopted a solar access ordinance. Mr. Wharton stated that the Energy Commission would be looking at various sources of solar ordinance model material. Mr. Wharton stated that on page 6, item 5, the Energy Commission had a discussion regarding identifying energy management within the businesses and corporations in the City of Fridley. The discussion included the Energy Commission's question about what exactly was the duty of. the Energy Commission in that regard and what route should be taken to identify these people. Mr. Boardman was present at that meeting, and Mr. Boardman had suggested that an Energy Commission member attend a Chamber of Commerce Board of Directors' meeting to discuss this subject. Don Wall will be attending that meeting with Mr. Boardman. Mr. Wharton stated that on page 7, item 6, they divided the Zoning Ordinance into five sections to be reviewed by the' Energy Commission. They will be reviewing those sections at the next meeting. Mr. Treuenfels stated that on page 8, Ms. Cayan had stated that an "Emergency Plan" has been prepared and can be activated by the Civil Defense Director, Jim Hill. He asked if it would be possible to get a copy of that plan. Mr. Boardman stated he did not know if this plan had even been approved by the City Council, but he would check into it .' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY; � 1H2 i l REGULAR MEETING OF JULY 7, 1980 PAGE 4 Mayor. Nee felt he would like clarification where land could be rez ned for j condominiums. ' f Councilman Schneider stated the matter of condominium conversior!s was dis- cussed at the League of Cities Meeting in Duluth and, apparent , the state i j law takes a lot of authority from cities as to what they can r cannot do, but doesn't override any zoning. Mr. Herrick, City Attorney, stated the City may adopt an o dinance for an 18 month moratorium on conversions, if after a public hea ing, the Council finds that the conversions would create a shortageof su'table rental dwellings available to low and moderate income individuals or fam'lies, or it reduces the low and moderate housing stock to establish or mai tain the City's eli- gibility for any federal or state program providing f nancial assistance for housing in the City. Mr. Herrick felt it would be up to the Council to efine the shortage, but there should be some finding by the Council to su stantiate this at the public s hearing. t 4 Councilman Schneider•stated there is no requir ent the City be notified when a conversion is taking place. Mr. Herrick fe this could be required in an ordinance so there is some process to make t City aware a conversion is taking F place. Mr. Herrick submitted copies of the Minnea olis ordinance and State statutes so these could be made available to the Court il. Councilman Barnette felt this would be area which would be of interest to the Community Development Commission an the following motion was made. i MOTION by Councilman Barnette to refe this question on condominiums to the Community Development Commission for suggestions and advice. Seconded by 1 Councilman Fitzpatrick. Upon a voi e vote, all voting aye, Mayor Nee de- clared the motion carried unanimou y. l RECEIVING THE PLANNING COMMISSION MINUTES OF JUNE 18, 1980: CONSIDERATION OF A REQUEST FOR SPECIAL USE PERMIT, SP x`80-05 (EXTENSION OF SPECIAL USE PERMIT) TO CONTINUE AS MOBILE HOME SALES LOT, 7151 HIGHWAY #65, REYNOLD E. SWANSON: MOTION by..Counci]man Schneider to concur.wi.th the recommendation of the Planning j Commission and grant Special Use Permit, SP #80-05, with no stipulations. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF JUNE 10, 1980: CONSIDERATION OF VARIANCE REQUESTS-TO RED E SQUARE FOOTAGE FOR DOUBLE BUNGAI.O'•d, DRIVEWAY SETBF.CK, REQUIRE_D_GAR ,E STALLS AND REDUCE FLOOR AREA, 5430 STH STREE1, HARLA14 KING: Mr. Flora, Public Works Director, stated this is a request for four varia:ices to 1) reduce the required square footage fo a double bungalow from 10,000 square feet to 7,800 square feet; 2) to re uce the driveway setback from public right-of-way from the required 25 feet t 20 feet; 3) to reduce the required j garage stalls for a double bungalow fro 3 stalls to 2 stalls; 4) and to reduce i tpe floor- area from the required 650 s uare feet to approximately 590 square i feet, to allow a one family dwelling o be converted to a two family dwelling. f i I Mr. Flora stated the Appeals Commission has recommended denial of the variances, iwitli the exception of the variance for the driveway setback. I f 101 REGULAR MEETING OF JULY 7, 1980 PAGE 3 . .. NEW BUSINESS: CONSIDERATION OF NEW PUBLIC NUISANCE ORDINANCE: Mr. Flora, Public Works Director, stated, based on the Council's direction, a new public nuisance ordinance is submitted for the Council's consideration. Mr. Flora stated the League of Cities and surrounding communities were contacted ! to receive information regarding their nuisance ordinances and methods of enforce- ment. He stated, in the draft before the Council , nuisances were defined which I � effect health, safety, peace, safety and welfare. Mr. Flora stated this ordinance would replace Chapter 110 of the existing City Code and although there is a slight duplication in other ordinances, this ordinance provides a means of abatement and control. Mr. Herrick, City Attorney, felt this draft should be submitted to his office and Carl Newquist, as public nuisance violations are difficult to prosecute. Mayor Nee questioned Item 16 on Page 3 of the draftordinance, as he felt this didn't make sense. Mr. Flora stated the word "lawful" should be changed to r "unlawful". MOTION by Councilman Fitzpatrick to refer this draft ordinance to the City j i Attorney and to bring it back to the Council for the first meeting in August, after the Attorney's review. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the rdoti on carried unanimously. i i • Mr. Qureshi pointed out, when an ordinance iA adopted, it puts some liability on the City to enforce it and if this is no done, the City is open for damages. Councilman Schneider stated many items in Yhis ordinance are presently in existing codes however,i o ever, the scope has been broade ed. Mayor Nee questioned if there are any it ms in the ordinance the Council wasn't willing to enforce. 1 Councilman Fitzpatrick felt this would be the purpose of the review by the City Attorney. F j Mr. Herrick, City Attorney, felt the e are two approaches to public nuisances, either to have a short general stat ment or to go into enumberating specific C violations. He felt, if they go i o specific violations, it should be looked at very carefully. Mayor Nee also pointed out that Section 110.06 covers the abatement of nuisance by the City Council, but the paragraph goes on to make ft I it an administrative abatement. I Mr. Herrick stated he had some oncern about a procedure where a City official sends out a .notice about a nuis nce and gives a certain period of time to abate this nuisance. He stated, if t is not abated, and the City goes in and pro- ceeds with the abatement, but does not give that person any opportunity to ap- pear at a hearing to give the r opinion or offer evidence whether it is or is not a nuisance, and a suit Y i brought against the City, and the court doesn't agree the person was given le process, the City could be liable. He stated it is his recollection the resent ordinance provides an intermediate step of a public hearing where a p rson has an opportunity to come before the Council. fCONSIDERATION OF PROPOSAL FOR REGISTRATION OF CONDOMINIUM CONVERSIONS Mr. Flora, Public Works irector, stated questions have been raised regarding I condominium m u conversions u ch as I converting existing rental property to condo- miniums, mi.niums, converting a s hool to condominiums, and conversion of land for condo- l : miniums. He thought p ssibly the City should have an ordinance that addresses condominium conversio , or have control, through the licensing department, 1 of condominium conversions. I 1---. -- AGREEMENT FOR SP#72-07 CONDITIONS TO OPERATE A MOBILE HOME SALES LOT AT 7151 T .Ii. #65 - WEST 375 FEET OF LOT 3 , AUDITOR'S SUBDIVISION NO. 89 , PARCEL 710 . OPERATOR 1 . Permit to operate a mobile home sales let is given only to Reynold E . Swanson as an individual and he will be the operator of the business . If the business changes hands or he no longer is sole owner and operator of the business , the permit will be { null and void. 1f OFFICE 1 . The office trailer will be blocked on concrete blocks and the I base will be skirted with aluminum. The office will be connected to utilities ; such as , water, sewer, gas , and electricity. f 2 . Two restrooms will be installed in the office for the public' s use . .3 . The office trailer to be taxed as a permanent structure . # MOBILE HOMES I . There will be no permanent residents in the mobile homes and no repairing or storage of damaged trailers . 2 . There will be a minimum of 10 feet of space between 'the trailers . LOT 1 . The entrance to the parking area to be blacktopped. 2 . The area on the West side of the lot will have more rock and additional planting and no existing trees will be removed. Precast curb will be put along the entrance and along the parking area for the customers . 3. The land will be kept clean and free of debris , junk, and unsightly materials and all green areas will be kept free of weeds , cut and well groomed. i 4.' There will be no washouts on the property due to surface drainage and if there are any, these will be filled in and taken care of immediately. LIGHTING { 4 1 . Adequate security lighting (a minimum of 2 lights at the East end of the lot) will be installed for better observation by the police . I 1 I i A7" ,... `. CIT` ' OF FI °' ✓ ;F 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 .. July 11 , 1980 . ` CITY COUNCIL ACTION TAKEN NOTICE Reynold E. Swanson SP #80-05 7151 Highway #65 N.E. �II Fridley, Mn 55432. Dear Mr.' Swanson: s' On July 7, 1980 the Fridley City Council officially ai�l�rovc.d your request for an extension of your special use ermi f1Q—aperate a mobile with the stipulations listed below:- sales lot at 7151 Highway #65. No stipulations. I`' yoti have any gUestions regarding the above action, please call the Copin,unityy Cevelow-ient Office at 571-3450. Sincerely, .,00 L. BOARDA4N JL.B/de City Planner # Please review the noted stipulations, sign the statement belo.%,-, and return one copy to the Cite of Fridley. , i Concur w i fW—T nrI ' a