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SP74-16 a n CITY OF FRIOLEY, SUBJECT ( SPECIAL USE PERMIT 6431 UNIVERSITY AVE. NE. 4 FRIDLEY. MN. 65432 (612) 571-3450 SP ADDRESS / `,] S 7%� DATE PLANNING COMMISSION: P.H. DATE _/'q-17,5;� APPROVED / DISAPPROVED DATE fY�� 7 NO CITY COUNCIL: P.H. REQ'D DATE _ NO CITY COUNCIL: APPROVED DISAPPROVED DATE / /G/7`/ 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/,Z/—z,.,/-- 37,:�_v ----- 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. DATESIGNATURE � APPLICANT _ ADDRESS TELEPHONE NO '' ��+N*T• } � � 1 t y.: y 1 F � � r'�l��ly try J,pr� �Ly � tT S ���'� �� .ry` . �: t �> t.. � rfi ...•cAi 2�1;.I� )�f Ti+ ���� lbw " vsk:it fir""y ryq' 4, ,� i, } F ; �f <,.4'r4S 2�'#•*' t te�371 i Rlw- acs MIA S 5 SIJ 1t 5'" uf1 in t r a sr r x hi x5 iu �t r: ��"" .a- htt� ,<s sj i1a� 2•', �1fN '`� 'v fatty s N '�N�-"t�'` � 2 > ��a§•�l as,F_"5"jL��i -F't y2�� t�d dr � �^'ia w rxW yr � �� ♦ �„�• r i r t t r�� E�� • . ext" F � aero ,N t.AF+ Tl ..�" n'�,� ,t1 �'• a f"•�}r�, Gfi r fi3y jV+r Er�T� r ,t � E,Nc � t, s � t� Ti'T try ,. r'� � „�. Y��Z ift�. �,'• �J`a \t t 7N- {ps�! y.-v 1 :'i'���P c s Y`r tt F �, ° .,.;Y•'✓.�i3 .;i4'S'�{�ir:rte'�..�.�',�Starft�nt:>i''+�.vs$�a .yi�$ CITY OF FRIDLEY MINNESOTA TYPE OF REQUEST PLANNING AND ZONING FORM - Rezoning Numbe, Special Use Permit Approval of APPLICANT'S SIGNATURE (e; old E. Swanson Preliminary Plat 418 Rice Creek Blvd. Approval of: Address _ Fridley, Minnesota 55432 Final Plat Streets or Telephone Number 786-8948 Alley Vacations Other PROPERTY OW'NER'S SIGNAT.IRE Address7101 Highway #65 N.E. Fridley, Minnesota 55432 Telephone Number 784.-8221 Street Location of Property 7151 Highway #65 N.E. Legal Description of Property The West Three Hundred Seventy Five (375) Feet of Lot Three (3) Auditors Subdivision No, 89, Subject to a Street and Utility Basement over the Westerly Forty (40) Feet Thereof, Anoka County, Minnesota. Present Zoning Classification M-1 Existing Use of Property Mobile Home Sales Lot Proposed Zoning Classification, Special Use, or other .request Extention of The Present Special Use Permit for an Additional Five (5) Years. ' Describe briefly the Type of Use and Improvement Proposed Mobile Home Sales Lot with Present Improvements. Acreage of PropertY1 .53 (approx. 1 acre useable) 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? Yes When? June 1972 What was requestedSpeeial Use Permit Fee Enclosed$ Rec. No. '739.5 i Date Filed November 13, 1974 Date of hearing November 20, 1974 s _q V , r s •a. s , Y :N 04 son. 1' I "?WNINr AND ZONING Foim PAC'Z � }7 Tho pdersigned underotands that; (a) A list of all residents and owners of ra- perty within 300 feet must be attaches to ! this application. (b) This application must be aitn-d by all i owners of the property, or to explanation given why this to not the cage. j (c) Responsibility for any defect is the proms j ceeding$ resulting from the failure to Itnt the names s,nd addresses of p11 resident* and property owners of property wttW'n , feet of the property in question, belojI4v ' to the undersi3ned. Rooldegta and Owners of Property within 300 feet;' � PgRSONS ADDRESS Don d W. Ha stad -� ' r i '�'L '` �'` 7101 Highway #65 N.E. I 1 Aut oma E n ring & Manu ac uring - y • �` _ 7191 Highway #65 N.E. Z � nwg,nw�.s-�wxwe i s A al;9tch of proposed property and structure must be drac,n on the back of this for% or &t tached, showing the following; 1 . North Direction 2. Location of Proposed Structure on loo. (see original plan submitted) 3. Dimensions of property, proposed (see photos enclosed) structure. and front and side set*baths. 4. Street Flames S. Location Lnd use of adjacent existinS t buildings (within 300 feet) . Tho undersigned hereby declares that all the facts and representations stated 1p 4 this application are true and correct, j November 13, 1974 _SIGNATURE (APM.ICAi4T) Approved Denied By the ;oard o Q � appeh is 8ubject .to the Following Condition*; aka Oprovpd Denied by the Planning Corxniasion on Publert to the Rollowing Conditions; . {fit© ,Approved Denied by the Council on OUOJsct to the Fgllowing Conditions; data f ' Form PC 100 i t i l i)1E, .i:.':1-.,,urt', xa.de th:a l AL , . darof ........ Lona.ld...��'.,...Hass.tad................. .. ..............._.................._._......_........_...J........ byand hrttc•rcn ...... _.... .....__........._.........._........... .............._._............................................................................................................_............_.._-........................._»...........».....-....-.-.._.......-.._............... All Seasons Mobile Homes, Inc., a corForation........................... under party of the first part,Lessor......,and.................................................................................................-.............. the...laws._of...the..State...of...Minnesota.......................................................................party of the second part,Lessee_...., + Plitnesstieth, That the said party of the first part,in consideration of the rents and oo•venants, hereinafter mentioned,doeS.hereby Demise,Lease and Lot 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 follou•- in,described promises,situated in the County of. Anoka __. _.-_..._»_....... and State of Minnesota _._........................................ viz: ...................................... The West Three Hundred Seventy-five (W 375) feet of Lot Three (3), Auditors Subdivision No. 89; subject to a street and utility easement over the Westerly Forty (W 40) feet thereof. ' r+ to #jabc anD to 7T4olD, The above ranted premises unto the said Leasee•....-, •-•-••_its.. �••he+•ri and assigns,for and duringthe m.ull tero One (1 tai ...........•••• _ •..... rom and after the June 80 ............. ...-..__ » » _. 26th.....................................day of......................................................... 19..... ....._...._.........................._....................._....._».-........................................._........... . dnd the said Lessee......agree....,sto and with the said Lessor......to pay as rent for the above mentioned pram- Six Hundred Fifty and no hundredths ($650.00)------------::=OLLdRS Iwo the sum of ........................................................_............................ .»............... The Lessor agrees to allow Lessee to renew this Lease for the fol owing periods: -— A one (1) year term from the 26th day of June, 1981 at $700.00 per monrh, _ .. z 'x . A one (1) year term from the 26th day of '-June, 1982 at $750.00 per month. .: +�brs,> The Lessor agrees to pay the real estate taxes. It is agreed by and between the parties hereto that if All Seasons Mobile.Homes, Inc., replaces its present mobile office with a new mobile office, and if, as a consequence, the real estate tax is increased, that All Seasons Mobile Homes, Inc., will compensate the land owner for any increase in said tax. A . _......_......_......................................_......................................._....................._.............._......_.for and during the full term of this Lease. And it is further agreed by and between the parties as follows: That should the said Lessee-- fail 1 to make the above mentioned payments as herein specified, or to pay the rent aforesaid when due, or fail to fulfill any of the covenants herein contained, then and in that oast it aha.11 be lawful for the said Lessor......to re-enter and take possession of the above rented premises,and hold and enjoy the same without such re-entering workine a forfeiture of the rents to be paid and the covenants to be performed by the said Leasee....for the full term of this Lease. .Ind the said Lessee..... also covenant..$.. and agree..-S to and with the said Lessor......not to assign this Lease,or underlet the above rented premises or any part thereof,without first obtaining the written consent of the said Lessor. ..,and that.It.........will,at the expiration of the time as herein•recited,quietly yield and eurreruler the aforesaid premises to the said Lessor....., --his......heirs and assigns, in as good condition and r repair as when ..it .. took them, reasonable wear and tear and damage by the elements alone, exeepted. .9nd the said Lessor......does..covenant that the said Lessee......, on paying Liu rant and performing the covenants aforesaid, shall and may peaceably and quietly have,hold and enjoy thesaid demised prrm.ises..•,. for the term aforesaid. Ln Lrt5timonp lRbarot. Both parties have hereunto set their hands and scale the da year fret above written, _ � -noa8xa•'w:'•HarBtga--_____._. _• $OJr,$•MOA E HOMES LNC. .. ....... ...., ._ ........_»»_..._. By: R y d E. Swanson. Itsesident i ?►full Of ....MITa'NESOTA............................. r•Y 1ANOkA .._ County of......................................................... __._......_... es. .... .................._._....._.__........L.?...._..._.___.._......_ '1 Onthis.......... ....._._fG?..................._....... .......... day of............... ............._..........;R.D. 19............,before me,a �. Notary Public .....within and for sa#fd County,personally appeared Donald W. Harstad r` E .. ......................_...................................................................._..._...............__ _ ...... r............................................_................................._ to nae known to be the person... described in and who executed the forepoinf instrument, and ockn.ou•ledgeW that .... he..... ereeuted the same as...........his............__.frm act and deed. S KAti.El' E. BR01'.N • -- .NOTA Y'PUBLIC-t':RS:E !!! Nota Public OKA COUt.)r y my Commi on Expires Jan. . Xcvv�'YYrvrYvrrrYlx rrrrrrrnnn r ' t:O3LntyOf............. C.-ty/ .._.._.._........_......_.__.._ My Commission expi ......................... . . .......�....., I?Z. State of...l...[: . .. . .. _..__ Ao.IOOS�j—(.rtiFurr of Ae►nor)r meet—Bf Coryon.;o. - Is T)..;.C..,a.�,r,ya... HznEsoxa — — f93u nt y of ... . AISOKA............... L nLhia. /.'..... day oJ ... )dyer ,nt a......_............... ..NotarY....._.... .. -ith.in and for said County personal) appeared � T`e�•nold �. Swanson .................. ... . _......... ............ ..........0 ..........................................................................................._.7f...... .. r P to mr persunally known, u,ho,Lcin by nee duly sworn..... . did ea that WXX he is .the..._...................... .. .7 irlcnt eA17h�Ttex y ?h?fyadxx`.!•7JAIi4IaGYA'Y• f All Seasons Mobile Homes.... In i.. ........................................ .. . Ow corporation named in the: ` Jorrgoin�instrument,and that tl sea°t,_#Lred to said instrurnent is the corporate.seal of said corporation, and tlwt said instrument uaa sytned a, .sealed in beho.lf of said corporation by authority of its Board of . Directors .and said. . Re ... __.._.:.............. Ynold... ......Swazlsan....._........._..__.........__......._............_............... 7r.u414rJ �acslt ._......!.ur.....fr....................................._......_...........................ae7 id t lion. . uried�nd s¢' instrumen to Le the free act and deed of said KAREN E. BROWN ................._ .............................. .. . 2t'rrt..... ... NOTARY PUBLIC•M N SOTA ... _ ANOKA COON J1.Otary T Uc.._....._.................................. ........ _.. ........:. _........... yC R�C�GL .. 1 fly Commission Expires n.28,1983> My Commis ton cx irea p krvrrrlrrrvrrrnn.rr►rr:r �n»Snr p a ...... l9 ,?3 otty univers>.g� avenue Fridley, Yi d'esota 55432 f fr • i e;1 I , Q I� o Q # # re tt 1 (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Plan- ping Commission of the City of Frid- ley In the City Hall at 6431 University Avenue Northeast on Wednesday, December 4,1974,at 8:00 p.m.in the Council Chamber for the purpose of: Consideration ofarequestfora Special Use Permit,SP No.74-16, by Reynold E. Swanson, per Fridley City Code, Section 205.101(3N)to permit the exten- tion of the present Special Use Permit for a Mobile Home Sales Lot, to be located on the West Three Hundred Seventy Five (375)feet of Lot 3,Auditor's sub. division No.89,subject to a street &utility easement over the Wes- terly Forty(40)feet thereof,lo- cated in the South Half of Section 12, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located at 7151 Highway No.65 NE. one e heard with re erence to the ab .ove mat er may be heard at this meeting. EDWARD J.FITZPATRICK Chairman Planning Commission (Nov.20&27,1974)—SB6 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commision of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, December 4 , 1974, at 8 :00 P.M. in the Council Chamber for the purpose of : Consideration of a request for a Special Use Permit, SP #74-16, by Reynold E. Swanson, Per Fridley City Code, Section 205. 101 (3N) to permit the extention of the present Special Use Permit for a Mobile Home Sales Lot, to be located on the West Three Hundred Seventy Five (375) feet of Lot 3, Auditor' s Subdivision No. 89 , subject to a street & utility easement over the Westerly Forty (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. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. EDWARD J. FITZPATRICK CHAIRMAN PLANNING COMMISSION Publish: November 20, 1974 November 27 , 1974 u' SP #74-1-6 Reynold E. Swanson _. , sir. t3�•�>.`_ W. 37S ft . of Lot 3 �, �,� �� j 3 Aud. Sub #89 . ;—"-- /7 , �� • d O'92'APs f ��! 7 4� • D v•is' I -en to �"------�----.���+>.-eye-%-_-•-- - S�Pir Airdc�Sfa/n..rrs/,x • I il9ia�esofa/ndvstrid/ �I • � f'ai,4r/o.:.�/mag/lifn�r ej�`; , • .Gp • 1 •._ Joo 1 M �..d75,... :i h' 9ir�nesoty l pcvr (41-V X11 (SiS� George B e Belt �A Cc. I��c. srs) 2 3?0� ,.. p� � � i X ,�✓•All I �„ *� 1 !, � se•c• Neter V + =•s-• � v .� /lO:... ..._ Cc-£cr_i fioiis OYtr/ore 443• - 7v .or --� •.�' cmc'__-. `M (loo) /910-,' 10`.1. I I (eniio/K NiistwC 710f' el�y i .'l `� c nl C✓vdA °=- I i • I � ' b `�, -�-'o'i vC! i :� (•ski I (000) (iosoi (ic'o) I (iQo) (rEc� M 12 _� i � I I I� •Qf-S�f/� 17 'r a /J v6 3( / % V I "moi. 011-1 I V M.cdtro0.'er, /ne. I j ii Planning Commission 11-19-74 MAILING LIST SP#74-16 R-eynold E. SWANSON MOBILE HOME SALES Reynold E. Swanson Rv 418 Rice Creek Blvd. Fridley, Mn 55432 1215 Norton Avenue N.E. Fridley, Mn 55432 Donald Harstad Mr. & Mrs. Harry .Dettman 7101 Highway #65 N.E. ' Fridley, Mn 55432 oad 03 Joseph P Miller, Jr. toe �&� � mrr S 1305 72nd Avenue N.E. / r' & ar �,,�,/� / 1245 Norton Avenue K.E. Fraley, Mn 55432 /r Fridley, Mn 55432 . & Mrs. Ralph Sundberg men rat-Avenue N.E. uth J. Norton f Fri , 251 Norton Avenue N.E. � 2� Fridley, Mn 55432 Northwester efihing �{ , � SD.Draw P�L-rtcing/ �7� GZ.�- t Park, Mn 55071 1n Avenue N.E. Fr " ley 32 eterman Welding & Tank Service Inc. 1241 72nd Avenue N.E Mr. & Mrs. Da Fridley, Mn 55432 � ToYfon 3434 Wei 6{)th Walter E. Curry `C]�Tcrd ,- Ill 60629 137 Lowry Avenue N. min l ' Mn 55411 1152 Norton Avenue -_� Fridley, Mn 55432 Rustic Oaks Corp. /1200 72nd Avenue N.E. /117- 0 & Mrs. Louis Gray Fridley, Mn 55432 Norton Avenue N.E. N. H. Geroux Fridley, Mn 55432 .7191 Highway #65 N.E. qtr. & Mrs. Ellsworth Berkstrand Fridley, Mn 55432 !/1200 Norton Avenue N.E. Tillie C. Berglund Fridley, Mn 55432 ✓7112 Central Avenue N.E. Mr. & Mrs. Daniel Mabel Fridley, Mn 55432 214 Norton Avenue N.E- Wade L. Norton Fridley, Mn 55432 l 835 Columbia Blvd. Target Stores, Inc. Mpls 55418 777 Nicollet Mall Mr. & Mrs. Robert Rosecrans 41- Mpls, Mn 55402 1163 Norton Avenue N.E. r/ Fridley 55432 Jerry O. Sympson 17 (1175 Norton Avenue N.E. F ridley, Mn 55432 All l Seasons Mobile Homes, Inc. 7151 HIGHWAY 65 N.E. 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 required or necessary please contact me at this office. Thank you for your past and future help. S11acerely R T eynold E. Swanson President Encl. Planning Commission Meeting - December 4 , 1974 Page 10 Mr. Drigans said that what he thought was required by the Planning Commission was a motion to Council ¢ecommending that they modify the existing Special Use Permitstip lation for a wooden screen- ing fence to an unscreened chain link fence for security. lie said he thought this was the motion to be madeor two reasons , one being j that he didn' t think a Special Use Permit as necessary for a fence, and the other reason was because he thoug t the wrong section of the code was used in the Public Hearing notic . a a MOTION by Drigans , seconded by Harr 's , that the Planning Commission close the Public Hearing on he request for a Special Use Permit, SP #74-15, Frank' s Nursery. Upon a voice vote, all voting aye, the motion carried unanimously . MOTION by Drigans , seconded by H Tris , that the Planning Commission recommend to Council that the reques for a Special Use Permit , SP #74-15 , by Frank ' s Nursery, per Frid ey City Code, Section 205 . 101 , 3 , N, to allow the outside storage f merchandise behind an unscreened chain link fence, to be located on of 1 , Block 1 , East Ranch Estates 1st Addition, together with the Easterly 120 feet of that part of the NW4 of the NW4 of Section 11 , -30, R-24 , lying North of Osborne Road and West and adjacent to Lot 1 , Block 1 , East Ranch Estates 1st Addition , the same being 7620 Uni ersity Avenue N. E. , is not necessary, and recommend that Council modify the existing Special Use Permit , SP #71-07 , to change the stipula ion of a wooden screening fence to a chain link fence for security urposes . Mr. Langenfeld said that if the merchandise on display should become a visual hazard, he felt that at that time, this request should be reconsidered as to whether t is area should be screened or not, or else they should move the di play under cover. Mr. Drigans asked Mr. Lan enfeld what he meant by a visual hazard? Mr. Langenfeld said i would be something that was unpleasing to the eye. Chairman Fitzpatr ck said that originally when the fence was required, this business wa 30 feet from the road, and now we are talking about it being setbac almost 150 feet from Osborne Road. Mr. Drigans said he didn' t see that this would ever create a visual. hazard. Mr. Schroer said that no one has asked for it, but he was willing to take a portion of the wood n fence, that has been taken down, and put it up from the building a d on out about 30 feet. All 'the tools and nursery stock that has to be brought back to look good again, would be stored behind this wooden ence. Mr. Langenfeld asked where they kept their bales of hay at this time? Mr. Schroer said they kept them underneath .the roof. UPON A VOICE VOTE, all voting aye , the motion carried unanisy . 3. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP:#74l16) BY REYNOLD E. SWANSON: Per Fridley City Code, Section , 3 ► N. to permit the extension of the present Special Use Permit for a Mo.bileHome Sales Lot, located on the West 375 ' of Lot 3 , Auditor' s Subdivision No. 89 , subject to a street and utility easement over the Westerly 40 ' thereof , the same being 7151 Highway #65 N.E. Planning Commission Meeting - December 4 , 1974 Page 11 Mr. Reynold Swanson was present. MOTION by Drigans, seconded by Harris , that the Planning Commission waive the reading of the Public Hearing notice on the request for a Special Use Permit , SP #74-16, by Reynold Swanson . Upon a voice vote, all voting aye, the motion carried unanimously . Mr. Swanson said he was the sole owner and operator of this mobile home sales lot and had been since July of 1972. Mr. Clark said the original agreement was in the agenda , and this was a three year Special Use Permit, that was not renewable, and will run out in July, 1975. When Mr. Swanson called and asked us how he could renew this Special Use Permit, and the agreement stated that it was unrenewable, he was told that he had to start all over again with a new Special Use Permit request. Mr. Fitzpatrick asked why the Public Hearing notice states that this is an extension of a Special Use Permit, then. Mr. Clark said that was because the property was presently being used for this purpose. Mr. Harris said'-.the Planning Commission had another request for a Special Use Permit for the same purpose just a short time ago, and had used this agreement as a model for that request, and he couldn' t rembmber if we had stipulated that Special Use Permit wasn' t renew- able or not. Chairman Fitzpatrick said that he remembered that they didn' t. Mr. Fitzpatrick said he was on the Planning Commission at the time this Special Use Permit was granted, but he couldn' t remember why they had stipulated it wasn' t renewable. Mr. Swanson said that at that time, the owner of the property, Mr. Donald Harstad, was contemplating building at this location. At the present time, because of inflation and costs , etc . , he has no plans for utilizing this property. He said there was also some problems with the previous operators of the lot, when the first request was considered. Mr. Harris asked if this permit had had a yearly reviewal . Mr. Clark said the staff had reviewed it annually, but not by-the Planning Commission. Mr. Clark said the lot had just been inspected prior to this meeting, and it does meet all the stipulations that were in the agreement. It is clean and in good condition. MOTION by Drigans, seconded by Harris , that the Planning Commission receive the letter from the owner of the property , Don Harstad , dated November 13 , 1974 . Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Drigans said that in reading this letter, he didn' t see any reference as to how long Mr. Swanson would be able to have this lot, or to lease it. Mr. Swanson said he was going to have a five year lease, if this Special Use Permit was granted. .n Planning Commission Meeting - December 4 , 1974 Page 12 Mr. Drigans said that if the recommendation was to grant this permit, he thought it should be tied to the termination of the lease the same as they did on the last request for a Special Use Permit for the same use . Mr. Drigans said we did ask for additional black- top on the other request also. Mr. Harris asked if the lot was all crushed rock? Mr. Swanson said he' had an area 30 ' x 30 ' blacktopped that was the entrance to the lot. The balance of the lot was class V with an oil base that has been on the lot since it was started and this has held up very well. He said that if this new Special Use Permit was approved, he would be willing to blacktop the entire lot. He said a fence had been put up on the back of the lot to screen Mr. Harstad' s operation away from this lot, and they had put in more sodding. Mr. Drigans said that another stipulation that they had put on the other request was that the petitioner keep majority ownership of this business, and it not be transferable to someone else. Mr. Drigans asked Mr. Clark if there had been any complaints on this lot. Mr. Clark said they didn' t have any on this operator, but they had had some on the previous owner. Mr. Drigans asked Mr. Swanson if he had a five year lease at this time. Mr. Swanson said his present lease ran until July, 1975 , and had talked to Mr. Harstad, and he has agreed to a five year lease. MOTION by Harris , seconded by Lindblad , that the Planning Commission close the Public Hearing on the request for a Special Use Permit , SP #74 -16, by Reynold Swanson. Upon a voice vote, all voting aye, the motion carried unanimously . MOTION by Drigans, seconded by Lindblad , that the Planning Commission recommend to Council approval of the request for a Special Use Permit , SP #74-16, by Reynold E. Swanson , per Fridley City Code, Section 205. 101 , 3, N, to permit the extension 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, the same being 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 . Planning Commission Meeting - December 4 , 1974 Page 13 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 . 2. There will be a minimum of 10 feet of space between trailers . LOT I. 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 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 weeds, cutand 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 I. 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 . i UPON A VOICE VOTE, all voting aye, the motion carried unanimously . I i 4 . PRELIMINARY PLAT, P .S. #74-07 , RE/L ESTATE 10 ADDITION, BY FRANCIS J. CIRDLER: Tabled. No action taken. 214 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 4 and that the proper charges be taken care of for the Metro Sewer Board. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1974: S CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P. S. #74-08 HERWAL RICE CREEK c. r TERRACE, BY GEORGE L. WALQUIST: A REPLAT OF LOT 1 AND OUTLOT 1, BLOCK 1, JON'S r DDITION, LOCATED AT THE NORTHWEST QUADRANT OF RICE CREEK ROAD AND CENTRAL AVENUE N. E.: The Public Works Director advised the Council that the Planning Commission at their meeting of December 4th recommended approval of the plan with the four stipulations listed in the minutes, He said the present action of the Council should be to set a public hearing. MOTION by Councilman Starwalt to set a public hearing on the matter of a preliminary plat P. S. #74-08 as requested by Mr. George L. Walquist for January 13, 1975. Seconded by Councilman Utter. Upon a voice vote, all voting aye, ;•layor Liebl declared the motion carried unanimously. Councilman Starwalt noted that the drainage in this area is critical. Mayor Liebl said this could be discussed at the Public Hearing. REQUEST FOR A SPECIAL USE PERMIT, SP. #74-15, FRANK'S NURSERY: PER FRIDLEY CITY CODE SECTION 205.101, 3, N, TO ALLOW THE OUTSIDE STORAGE OF MERCHANDISE BEHIND AN NSCREENED CHAIN LINK FENCE, TO BE LOCATED ON LOT 1, BLOCK 1, EAST RANCH ESTATES T ST ADDITION, TOGETHER WITH THE EASTERLY 120 FEET OF THAT PAROF N144 OF THE NVR,- OF L SECTION ll, T-30 R-24, LYIi1G NORTH OF OSBORNE ROAD AND WEST AND ADJACENT TO LOT 1, BLOCK 1, EAST RANCH ESTATES IST ADDITION, THE SAME BEING 7620 UNIVERSITY AVENUE _. E.: t The Public Works Director pointed out that the recommendation of the Planning Commission was that an application for a special use permit was not necessary at this time, but the stipulations on the current special use permit should be modified. He further explained that in the original special use permit, -the wood t fence had been stipulated for screening purposes because there was storage of material in this area. He pointed out that the present request asked for the use of I a chain link fence for security purposes and there is not much material being stored in this area with the present usage. Mr. Sobiech said the area in question is to { + be used as a display area rather than a storage area. He repeated the request would be to change the stipulation requiring a wood screening fence to a chain link security L fence. MOTION by Councilman Breider to approve the request for the modification of the original . stipulations of the Special Use Permit to allow the installation of a chain link `- fence for security purposes at Frank's Nursery. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FORA SPECIAL USE PERMIT SP. #74-16 Y REYNOLD E. SWANSON: PER FRIDLEY E CITY CODE, SECTION 205.101, 3, N. TO-131177TO-1311771TO-13117717—THE EXTENSION OF THE PRESENT SPECIAL USE PERMIT FOR A MOBILE HOME SALES LOT, LOCATED ON THE WEST 375' OF LOT 3, AUDITOR'S . SUBDIVISION NO. 89, SUBJECT TO A STREET AND UTILITY EASEMENT OVER THE WESTERLY 40' THEREOF, THE SAME BEING 7151 HIGHWAY #65 N.E.: The Public Works Director said the Planning Commission had recommended approval of rt the extension of the special use permit with several stipulations as listed on pages 7-K through 7-L of the agenda booklet. MOTION by Councilman Starwalt to concur with the recommendation of the Planning Commission and grant the Special Use Permit for five years for the Mobile Home Facility as requested by Reynold Swanson with the stipulations recommended by the Planning Commission. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Playor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of December 4, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. j RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 25, Councilman Utter said before the Council receive the minutes there is an item he would i