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ZOA03-04 (2)
CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: X Rezoning Zoning Text Amendment PROPERTY INFORMATION: .(site plan required for submittal, see attached) Address: See attached Schedule A Property identification Number:.-- See attached Schedule A _ Legal Description: LotBlock TractlAddition See attached Schedule B Current Zoning: R-2 Square footage/acreage: Requested Zoning: R-3 Reason for Rezoning: Multiple unit properties have existed on the site for several years Or; Section of Zoning Code to be Changed: (Attach requested language) Reason for Change: Have you operated a usiness in a city which required a business license? Yes No If Yes, which City? See attached Schedule C If Yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears'on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: See attached Schedule D ADDRESS: DAYTIME PHONE: C10-7--'10 &03 % SIGNATURE/DATE: PETITIONER INFORMATION NAME: See attached Schedule D ADDRESS: DAYTIME PHONE: 6t2-2-`O (m;5 ISIGNATUR /E�ATE:y�y�My����4 FEES Fee: $500.00 Rezoning $300.00 Zoning Text Amendment Application Number: zaH-c �/ Receipt #: Received By: Scheduled Planning Commission Date: Scheduled City Council Date: 1 ..5 � & — 10 Day Application Complete Notification Date: - 60 Day Date: - -U iJ CityFridleY "' l se Application P ao Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Deni2;l 1-40 Days 50-60 Days Application Complete ; Approved, Action Taken Letter 10 Day Notice Tabled, 60 More Days Submit Complete Public Hearings: Application and Variance =Denie= Materials Vacations � Lot Splits Plats Public Hearings: Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits r AMC ri CrrY OF FRIDLEY Cl11 COVlelCIOL CONFERENCE MEETING August 18 — 7:00 p.m. Fridley Municipal Center Conference Room A q Fridley Cable Commission. 0 2. Partial Alleys. � v e3� /3. Fee Adjustment/Scholarship Program. � v Qn ng Districts. Charitable Gambling/Pull-Tab Parlor Request. 6. Other Business. Adjourn. �Lc V DISCUSSION ITEM riCITY COUNCIL MEETING OF AUGUST 18, 2003 CTTY OF FRIDLEY Date: August 15, 2003 To: William W. Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: 75th Avenue Apartment Rezoning M-03-118 Introduction: There are a large number of apartment units in the City that are not zoned properly as R-3 General Multiple Family Zoning District. Some are zoned R-2, Two Family, and one complex was recently found to be zoned commercial. These properties became nonconforming as a result of a 1960's zoning text amendment that changed the permitted uses in an R-2 District. Prior to the 1969 Zoning Ordinance, "multiple dwellings" were a permitted use in the R-2 District. After 1969, they were not permitted in any zoning district but the R-3. The impact of this zoning change has been to make apartment buildings in an R-2 District nonconforming uses. If these properties are destroyed by a natural disaster, not only will a number of families be adversely affected, but also the supply of affordable housing will be significantly depleted. In order to prevent these consequences, staff had recommended in 2000 that the City initiate a rezoning process to change the zoning to make these properties conforming. The question was asked in the Council Commission survey. The consensus of the Council was to bring these rezoning requests forward on a smaller scaled, case —by-case basis. Vt Case: RAS Properties, the owner of the two eleven unit buildings located at 450 and 476-75th Avenue Northeast and their attorney, Tom Zappia, met with City Staff to discuss rezoning their property from R-2 (non-conforming) to R-3. This change in zoning designation would allow the property owner the ability to reinvest in the property, by constructing new garages, and protect the investment he currently has in the building themselves. A rezoning of these properties would not be viewed favorably by staff and would arguably be considered illegal spot zoning if approved. Staff reviewed the area in w question and suggested that RAS Properties and Tom Zappia gauge the interest of neighboring property owners in their block to determine if it would be feasible for the City to rezone the entire block. Staff has heard from all neighboring property owners contacted by Tom Zappia, all of the property owners supported the idea of bringing their properties into conformance through a rezoning. In working with RAS Properties & Thomas Zappia, the following list of contacted property owners, on the same block and presently zoned R-2 was developed: 7400 LVc Lane 8 Units 415-74 h Avenue 11 Units 389-74th Avenue 11 Units 371-74th Avenue 4 Units 361-74th Avenue 8 Units 351-74th Avenue 11 Units 350-75th Avenue 11 Units 450-75th Avenue 11 Units 476-75th Avenue 11 Units 86 Units Additional properties found in this block, which staff has not heard from include: 460-75th Avenue Grace Lutheran Church 7411-7421 University (Previously rezoned to R-3) Property Location: •� Suggested Action: As you are aware, a legal non-conforming use presents financing and insurance problems in the event that the properties were damaged by more than 50%. It is staffs opinion that there is a significant benefit in rezoning these properties, not only to the property owners, but to the City as well. The rezoning will allow the property owners to M reinvest in their properties without the fear of losing their entire investment in light of a natural disaster. The reinvestment will spruce up these already well-maintained apartment buildings as well as ensuring the preservation of these 86 units of multi- family housing. Unless instructed otherwise, Staff will continue dialog with RAS Properties and proceed with moving a rezoning of this block forward to the Planning Commission for their review. Non-Conforming Properties Rezoning ofBlock 1, 7400 Lyric Lane 8 Units g o ��1 � 41574&Avenue 11 Units Melody Manor 3g974. 74&Avenue a units 9 - 37174&Avenue 4Units Recognizing&Correcting t 361 74m Avenue 8 Units s 351 74 Av-ue I I Units a block of non-conforming uses. i '-by, 350 75mAvenue I l Units �5 y v 450 75m Avenue 11 Units 47675&Avenue 11 Uni Units 86 t �3�i -x. Other Properties P f 460 75&Avenue Grace Lutheran Church i 7411-7421 University(Previously rezoned to R-3) Staff Recommendation It is staffs opinion that there is a significant benefit in rezoning these properties,not only to the property owners,but to the City as well. • Lots will become conforming and spur minvestment. The reinvestment will spruce up these already well-maintained apartment buildings as well as �': • .« - ,,yay. •' y .r1). ensuring the preservation of these 86 units of yw„ multi-family housing. • Unless instructed otherwise,Staff will proceed f + ith moving a rezoning of this block forward to 5th AveAe•StreStS'Upe _ the Planning Conmussion for their review. 476 7511'Avenue 1 LEVAHN November 13, 2003 CLARK M. IVERSON STEVEN H. BERNDT* (Writer's Direct Dial 763-502-7108) ,JAMES A.HEUER,JR.** THOMAS M. ZAPPIA* JOEL T. LEVAHN Paul Bolin DENO W. BERNDT City of Fridley 6431 University Ave. N.E. Fridley, MN 55432 RE: RAS Properties - 450 &476 75th Avenue NE, Fridley, MN PARALEGALS Our File No. 20727 JULIE A. CARTER MARY ANN CHRISTIANS Dear Paul: JILL R. HOLMES LAURA INGEBRIGTSEN SHELLEY LovEJoY Enclosed please find the following documents: TRACY PUCHTEL LAUREL M. RANDALL 1. Application for Rezoning signed by the following individuals: MARY BETH SCHULTZ MARGO SODAHL R.A. Stinski; Lynn D. Hansen and Christine L. Hansen; 941 HILLWIND RD.N.E. Bill Shaw, Jr. SUITE 301 MINNEAPOLIS, MN It is my understanding that you have the Application for Scott Manning on file. 55432 TEL: 763-571-7721 FAX: 763-571-7734 I have also enclosed our office check in the amount of$500 for the Application fee. We did not have any response from the following individuals. Paul and Lisa Mernaugh Rudolph Bayer We are assuming that they are in support of the Rezoning Application but simply do not want to financially commit to the rezoning. We would like to proceed with the Rezoning Application based on the signed Applications. The Applicants appreciate the City's cooperation with not requiring the six items *REAL PROPERTY LAW I� " SPECIALIST CERTIFIED BY THE J blisted in my letter of August 25, 2003. It helps hold down the expenses. MNNESOTA BAR ASSOCWTION **ADMITTED IN WISCONSIN Paul Bolin November 13, 2003 Page 2 Please let me know if there is any additional information that you need to proceed with the Application for Rezoning. Very truly yours, ZAP IA, LeVAHN & HEFTED, LTD. Thomas M. Za is TMZ:jrh Enclosures cc: All Property Owners on the Attached List �JA-w CRY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY. NIN 55432 • (763)571-3450•FAX('763)571-1287 November 24, 2003 R. A. Stinski Thomas M. Zappia RAS Properties Zappia, LeVahn & Heuer, LTD 3647 McKinley Street NE 941 Hillwind Road NE Minneapolis MN 55418 Minneapolis MN 55432 William A. Shaw, Jr. & Marsha E. Shaw Scott E. &Virginia A. Manning 1601 N. Innsbruck Drive #310 2333135 th Street NW Fridley MN 55432 Andover MN 55304 Lynn D. Hansen & Christine L. Hansen Rudolph C. Bayer 230 Rice Creek Blvd. NE 2021 Arnold Palmer Drive NE Fridley MN 55432 Blaine MN 55449 Paul S. & Lisa A. Mernaugh Grace Lutheran Church 5811 195th Avenue NW 46075 1h Avenue NE Anoka MN 55303 Fridley MN 55432 Dear Property Owners: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a rezoning on November 14, 2003. This letter serves to inform you that your applications are complete. Your Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on December 17, 2003 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your rezoning on January 5, 2004 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, Stacy Strd1 berg / r Planner +J C-03-137 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, December 17, 2003, at 7 :30 p.m. for the purpose of : Consideration of a Rezoning, ZOA #03-04, by RAS Properties, to rezone multiple properties from R-2-Two-Family Unit Zoning to R-3- General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, & Lyric Lane, the following are a list of the properties being considered in this request : 1 . 460-75th Avenue, legally described as that part of the east % of the northwest 1/ of Section 11, Township 30, Range 24 (full legal description on file and available at Fridley Municipal Center. ) 2 . 7400 Lyric Lane, legally described as Lot 3 , Block 1, Melody Manor. 3 . 415 - 74th Avenue, legally described as Lots 4 and 5, Block 1, Melody Manor. 4 . 389 - 74th Avenue, legally described Lots 6 and 7, Block 1, Melody Manor. 5 . 371 - 74th Avenue, legally described as Lot 8, Block 1, Melody Manor. 6 . 361 - 74th Avenue, legally described as Lot 9, Block 1, Melody Manor. 7 . 350 - 75th Avenue, legally described as Lot 12, Block 1, Melody Manor. 8 . 450 & 476 - 75th Avenue, legally described as Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 , 14, 15, 16, 17, 18, 19, 20, 21, and 22, Condominium No. 5, Unity View Condominiums . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than December 10, 2003 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish December 4, 2003 6un City of Fridley (Public Notice) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, December 17, 2003, at 7:30 p.m.for the purpose of: Consideration of a Rezoning,ZOA#03-04, by RAS Properties, to rezone multiple prop- erties from R-2-Two-Family Unit Zoning to R- 3-General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, & Lyric Lane,the following are a list of the properties being considered in this request: 1. 460-75th Avenue, legally described as that part of the east 1/2 of the northwest 1/4 of Section 11,Township 30, Range 24(full legal description on file and available at Fridley Municipal Center.) 2. 7400 Lyric Lane, legally described as Lot 3,Block 1,Melody Manor. 3.415-74th Avenue,legally described as Lots 4 and 5,Block 1,Melody Manor. 4. 389-74th Avenue, legally described Lots 6 and 7,Block 1,Melody Manor. 5.371-74th Avenue,legally described as Lot 8,Block 1,Melody Manor. 6.361-74th Avenue,legally described as Lot 9,Block 1,Melody Manor. 7.350-75th Avenue,legally described as Lot 12,Block 1,Melody Manor. 8. 450 & 476 - 75th Avenue, legally described as Units 1,2,3,4,5,6,7,8,9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, Condominium No. 5, Unity View Condominiums. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg,Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than December 10,2003. The TDD number is 763-572-3534. DIANE SAVAGE,CHAIR PLANNING COMMISSION MuniCtr(Dec.4,2003)F2 ift City of city of Fridley Fridley Public Hearing Notice 75th Avenue a) -50 350 46© Q rnU-) o 351 ° M CO 0 74th Avenue FT 73rd Avenue LEGEND Rezoning Request #03-04 460 75th Ave, 7400 Lyric Ln, N Fridley Engineering GIS 415 74th Ave, 389 74th Ave, A Anolka County GIS 371 74th Ave, 361 74th Ave, 350 75th Ave, 450 75th Ave, 476 75th Ave. Petitioner: RAS Properties Map Date: 12/5/03 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property Generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, 75th Avenue, & Lyric Lane. CASE NUMBER: Rezoning, ZOA 03-04, RAS Properties. APPLICANT. RAS Properties Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To rezone multiple properties from R-2-Two Family Unit Zoning to R-3-General Multiple Unit Zoning. LOCATION OF 1 . 460-75th Avenue, legally described PROPERTYAND as that part of the east � of the LEGAL northwest % of Section 11, DESCRIPTION: Township 30, Range 24 (full legal description on file and available at Fridley Municipal Center. ) 2 . 7400 Lyric Lane, legally described as Lot 3 , Block 1, Melody Manor. 3 . 415 - 74th Avenue, legally described as Lots 4 and 5. Block 1, Melody Manor. 4 . 389 - 74th Avenue, legally described Lots 6 and 7, Block 1, Melody Manor. 5 . 371 - 74th Avenue, legally described as Lot 8, Block 1, Melody Manor. 6 . 361 - 74th Avenue, legally described as Lot 9, Block 1, Melody Manor. 7 . 350 - 75th Avenue, legally described as Lot 12, Block 1, Melody Manor. 8 . 450 & 476 - 75th Avenue, legally described as Units 1, 2, 3 , 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 , 14, 15, 16, 17, 18, 19, 20, 21, and 22, Condominium No. 5, Unity View Condominiums . DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, December 17, 2003, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than December 10, 2003. The TDD # is 763-572- 3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: December 4, 2003 Bad Address 4 ACKER DONALD A& SUSAN M ALBRECh�iT WINFRED & EDWIN 7381 LYRIC LN NE Bad Address 2 FRIDLEY,MN 55432 ,0 AMARE ASHEBER& HAILEMARIAM F ANDERSON NENA F ANDERSON PAULETTE J 7381 SYMPHONY ST NE 7391 TEMPO TER NE 7401 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BENEKE JOHN P CRONIER MARVIN Z III CURRENT RESIDENT 7440 TEMPO TER NE 7421 LYRIC LN NE 389 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 415 74TH AVE NE 476 75TH AVE NE 500 OSBORNE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7381 TEMPO TER NE 7398 SYMPHONY ST NE 7400 LYRIC LN NE FRIDLEY,MN FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT ERTL WILBUR J & MARION E GLICK JOHN P & DOROTHY P Bad Address 1 7370 LYRIC LN NE 7390 TEMPO TER NE FRIDLEI'�,MN 0 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GRACE LUTHERAN CHURCH HELGERSON JON & DUNN CASANDRA HELM DALE A& POLLY A 460 75TH AVE NE 7388 SYMPHONY ST NE 7399 SYMPHONY ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HOLMQUIST R L & HOLMQUIST W HOLMQUIST ROBERT S ETAL HOLMQUIST WILLIAM & ROBERT 1179 N SHORE DR#307 1179 N SHOE DR#307 3608 ADMIRAL LN FOREST LAKE,MN 55025 FOREST LAKE,MN 55025 BROOKLYN CENTER,MN 55429 HOLMQUIST WILLIAM C & MURIEL A HOLMQUIST WILLIAM C & MURIEL A JANG SEONG H & SOKYUNG S 16248 CHARLESTON AVE 450 75TH AVE NE 7411 LYRIC LN NE FORT MYERS,FL 33908 FRIDLEY,MN 55432 FRIDLEY,MN 55432 JOHNSON KENNETH & ELNERINE JONES BRIAN F & LAUREL J KUIVANEN MARGO A TRUSTEE 7430 TEMPO TER NE 7441 LYRIC LN NE 7398 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ALBRECHT WINFRED & EDWIN ANDERSON PAULETTE J BARBER IRENE Bad Address'2 7401 LYRIC LN NE 7518 5TH ST NE 10 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CRONIER MARVIN Z III CURRENT RESIDENT CURRENT RESIDENT 7421 LYRIC LN NE 389 74TH AVE NE 415 74TH AVE NE FRIDLEY,MN 55432 FRIDLEIJJ N 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 476 75TH AVE NE 500 OSBORNE RD NE 7400 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT GRACE LUTHERAN CHURCH HELM DALE A& POLLY A Bad Address 1 460 75TH AVE NE 7399 SYMPHONY ST NE FRIDLEY,MN 0 FRIDLEY,MN 55432 FRIDLEY,,hAN 55432 HOLMQUIST R L & HOLMQUIST W HOLMQUIST ROBERT S ETAL HOLMQUIST WILLIAM & ROBERT 1179 N SHOR�DR#307 1179 N SHORE PR#307 3608 ADMIRAL LN FOREST LAKE;MN 55025 FOREST LAKE,RN 55025 BROOKLYN CENTER,MN 55429 HOLMQUIST WILLIAM C & MURIEL A HOLMQUIST WILLIAM C & MURIEL A JANG SEONG H & SOKYUNG S 16248 CHARLESTON AVE 450 75TH AVE NE 7411 LYRIC LN NE FORT MYERS FL 33908 FRIDLEY,ON 55432 FRIDLEY,MN 55432 JOHNSON KENNETH & ELNERINE JONES qRIAN F & LAUREL J KUIVANEN MARGO A TRUSTEE 7430 TEMPO R NE 7441 LY � LN NE 7398 LRIC LN NE FRIDLEY,MN 5 432 FRIDLEY,IVIN 55432 FRIDLEY,MN 55432 LOUCKS STEVEN R MAHOWALD HARLAN D & DIANE M MANNING SCOTT E ETAL 7400 TEMPO TER NE 7451 LYRIC LN NE 2333 135TH ST NW FRIDLEY,MN 55432 FRIDLEY,MN 55432 ANDOVER,MN 55304 MCBRIAN DONNA J MCCARTHY TIMOTHY L III ETAL MCCARTHY TIMOTHY L III ETAL 7398 TEMPO TER NE C/O GE'MMIT INC C/O MqCARTHY CYNTHIA J FRIDLEY,MN 55432 MPLS,M'N 55439 MPLS,MN 55439 NO SUBURBAN HOSP DIST ROBERGE ALBERT L & DELORES ROLFES SHELLY L Bad Addressy3 7431 LYRIC LN NE 7410 TEMPO TER NE FRIDLEY,MN'55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ROTTELO SUSAN D SCHONEBAUM THOMAS & MARLENE SCHREIBER CAROL & MICHAEL 7510 5TH ST NE 7420 TEMPO TER NE 7399 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SHAW WILLIAM A JR & MARSHA E SITYPULSKI CAROL D WEEMS JACK R& GAIL A TRUSTEES 1601 N INNSBRUCK DR#310 7502 5TH ST NE 7391 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 WESTERHAUS ALOYSIUS B &A A WICKLUND DOROTHY R TRUSTEE 100 EAST RD 7461 LYRIC LN NE CIRCLE PINES,MN 55014 FRIDLEY,MN 55432 ABLE PROPf RTY MANAGEMENT ACKER DONALD A& SUSAN M AGARWAL JUGAL K& RAMA TRUSTEE 9920 ZILLA T NW 7381 LYRIC LN NE 3015 1 H ST NW COON RAPFIDS,MN 55433 FRIDLEY,MN 55432 NEW BRIGHTON,MN 55112 ALBRECHT WINFRED & EDWIN AMARE ASHEBER& HAILEMARIAM F ANDERSO PAULETTE J Bad Address 2 7381 SYMPHONY ST NE 7401 LY C LN NE ,0 FRIDLEY,MN 55432 FRIDLE ,MN 55432 B & D MATTHEWS INVESTMENT BAYER RUDOLPH C CURRENT RESIDENT 1410 S FERRY ST 2021 ARNOLD PALMER DR NE 350 75TH AVE NE ANOKA,MN 55303 BLAINE,MN 55449 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 351 74TH AVE NE 360 74TH AVE NE 361 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRE T RESIDENT 371 74TH AVE NE 372 74TH AVE NE 389 74T AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLE ,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 415 74T , AVE NE 476 75TH A NE 500 OSBORNE RD NE FRIDLE`,MN 55432 FRIDLEY,M 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRANT RESIDENT CURRENT RESIDENT 7385 UNIVERSITY AVE NE 7398 SNPHONY ST NE 7400 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT ERTL WILBUR J & MARION E FLATEN DAVID Bad Adojress 1 7370 LYRIC LN NE 7415 UNIVERSITY AVE NE FRIDLEY,MN 0 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FLORES LUGENE &JAMES GANNON JASON M GRACE LUTHERAN CHURCH 7501 UNIVERSITY AVE NE 7501 4TH ST NE 460 7,tTH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HANSEN LYNN D & CHRISTINE L HELG RION JON & DUNN CASANDRA HELM DALE A& POLLY A 230 RICE CREEK BLVD NE 7388 MPHONY ST NE 7399 SYMPHONY ST NE FRIDLEY,MN 55432 FRIDL MN 55432 FRIDLEY,MN 55432 HOLMQUIST R, & HOLMQUIST W HOLMQUIST WILLIAM & ROBERT HOLMQUIST WILLIAM C & MURIEL A 1179 N SHORE(/OR#307 3608 ADMIRAL/LN 16248 CHARLESTON AVE FOREST LAKE,MN 55025 BROOKLYN C�ENTER,MN 55429 FORT MYERS,FL 33908 HOLMQUIST WILLIAM C & MURIEL A KADIC KEMAL &AJSA KUIVANEN MARGO A TRUSTEE 450 75TH AVE NE 7510 4TH ST NE 7398 L/'RIC LN NE FRIDLEY,M14 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 LEDIN DARRYL D & CARLENE K LINDMAN JAMES & KATHLEEN M MAGNUSON JOEL C 7361 SYMPHONY ST NE 7371 LYRIC LN NE 7413 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MANNING BRIAN P & CHRISTINE E MANNING SCOTT E ETAL MATTI STANLEY D &TAMMY L 7385-7387 UNIVERSITY AVE NE 2333 135TH T NW 7509 4TH ST NE FRIDLEY,MN 55432 ANDOVER,MN 55304 FRIDLEY,MN 55432 MCCARTHY TIMOTHY L III ETAL MEHAN NICKOLAS T & KAREN A MERNAUGH PAUL S & LISA A C/O GEMMIT INC 7371 SYMPHONY ST NE 5811 195TH AVE NW MPLS,MN 55439 FRIDLEY,MN 55432 ANOKA,MN 55303 NGUYEN MINH TAM THI NIERENGARTEN L A& MARY M OAKLEY JENNIFER J 7411 UNIVERSITY AVE NE 7360 LYRIC LN NE 7396 SYMPHONY ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 OSLIN CORY J & KIATONDA D OSTERKAMP JAMES D &JANICE G PAPINEAU STEPHEN L 7378 SYMPHONY ST NE PO BOX 48332 380 74TH AVE NE FRIDLEY,MN 55432 COON RAPIDS,MN 55448 FRIDLEY,MN 55432 PETERSEN E DWAYNE & KATHLEEN D PIEKARSKI MARY K ROTTELO SUSAN D 7391 SYMPHONY ST NE 7390 LYRIC LN NE 7510 5� ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDL ,MN 55432 SCHMIDT VERA M SCHOSTAG DEREK G SCHREIBER CAROL& MICHAEL 7380 LYRIC LN NE 7421 UNIVERSITY AVE NE 7399 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SCHREINER ANTHONY & CYNTHIA SHAW WILLIAM A JR & MARSHA E SITYPULSKI CAROL D 7372 SYMPHONY ST NE 1601 N INNSUCK DR#310 7502 5* ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SIEVERS LONNY P STEFFENSON STEVEN TALIAS TOWNHOUSES HOMEOWNERS 7502 4TH ST NE 7417 UNIVERSITY AVE NE 9175 107TH ST N FRIDLEY,MN 55432 FRIDLEY,MN 55432 STILLWATER,MN 55082 TANGREN ELWOOD R& BARBARA TOMLIN JOHN D VANG IA L & PAO 7368 SYMPHONY ST NE 7419 UNIVERSITY AVE NE 7397 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 WEEMS JACK R& GAIL A TRUSTEES 7391 LYMC LN NE FRIDLEY,MN 55432 ABLE PROPERTY MANAGEMENT AGARWAL JUGAL K & RAMA TRUSTEE B & D M THEWS INVESTMENT 9920 ZILLA$T NW 3015 12TH SVNW 1410 S ERRY ST COON RAPiDS,MN 55433 NEW BRIGWON,MN 55112 ANOK ,MN 55303 BARBER IRENE BAYER RUDOLPH C CHRISTIANSEN KENNETH A& P 7518 5TH ST NE 2021 ARNOLD PALMER DR NE 7525 4TH ST NE FRIDLEY,MN 55432 BLAINE,MN 55449 FRIDLEY,MN 55432 COMMERCE PARK INV ET AL CURRENT RESIDENT CURRENT RESIDENT C/O KORDIAK PROPERTY MGMT 350 75TH AVE NE 351 74TH AVE NE MINNEAPOI-19,MN 55421 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 360 74TH AVE NE 361 74TH AVE NE 371 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 372 74TH AVE NE 389 74TgAVE NE 7398 SYMPHONY ST NE FRIDLEY,MN 55432 FRIDL5 ,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7420 UNIVERSITY AVE NE 7440 UNIVERSITY AVE NE 7500 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT DUDLEY WILLIAM N FLATEN DAVID Bad Add ss 1 2280 E MWICINE LK BLVD 7415 UNIV�2SITY AVE NE FRIDLE ,MN 0 PLYMOU H,MN 55448 FRIDLEY N 55432 FLORE LUGENE & JAMES GANNON JASON M GRACE LUTHERAN CHURCH 7501 UVERSITY AVE NE 7501 4TH ST NE 460 75TH'AVE NE FRIDL MN 55432 FRIDLEY,MN 55432 FRIDL MN 55432 HANSEN LYNN D & CHRISTINE L HIME V NON F & JEAN M KADIC KE AL &AJSA 230 RICE *EK BLVD NE 7517 4pST NE 7510 4TH NE FRIDLEY,MN 55432 FRIDLEY MN 55432 FRIDLEY M 55432 LORENZ EMMIL P & LYNDA E MAGNUSON OEL C MANNING SCOTT E ETAL 7507 UNI Vj�RSITY AVE NE 7413 UNIV ITY AVE NE 2333 135TH ST NW FRIDLEY,%((((((V���IIIN 55432 FRIDLEY, 55432 ANDO ; R,MN 55304 MATTI STANLEY D &TAMMY L MERNAUG PAUL S & LISA A NGUY MINH TAM THI 7509 4TH ST NE 5811 195T AVE NW 741 NIVERSITY AVE NE FRIDLEY,MN 55432 ANOKA,M 55303 FRI LEY,MN 55432 OAKLEY JENNIFER J OSTERKAMP JAMES D &JANICE G PAPINEAU STEPHEN L 7396 SYM�HONY ST NE PO 130�08332 380 7TH AVE NE FRIDLEY;MN 55432 COON RAPIDS,MN 55448 FRIDLEY,MN 55432 ROTTELQ SUSAN D SCHOSTAG DEREK G SITYPULSKI CAROL D F' T 7510 5TH ST NE 7421 UNIVERSITY AVE NE 7502 5TNE FRIDLEY,MN 55432 FRIDLE/,MN 55432 FRIDLEY,MN 55432 SIEVERS ONNY P SMITH MARGARET IRENE STEFFENSON STEVEN 7502 4T�ST NE 7525 UNIVERSITY AVE NE 7417 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 STREICH LARRY D TALIAS TOWNHOUSES HOMEOWNERS TOMLIN JOHN D 7518 4TH ST NE 9175 107fiH STN 7419 ERSITY AVE NE FRIDLEY,MN 55432 STILLWATER,MN 55082 FRIDL Y,MN 55432 YANG IA,L & PAO WADDICK GERALD P ZELENA GREGORY M 7397 U�HVERSITY AVE NE 7517 UNIVERSITY AVE NE 7526 WK ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRID Y,MN 55432 ABLE PROPERTY MANAGEMENT AGARWAL JUGAL K& RAMA TRUSTEE ALBRECHT WINFRED & EDWIN 9920 ZILLA ST NW 3015 12TH ST NW Bad.Address 2 COON RAPIDS,MN 55433 NEW BRIGHTON,MN 55112 ,0 B & D MATTHEWS INVESTMENT BARBER IRENE BAYER RUDOLPH C 1410 S FERRY ST 7518 5TH ST NE 2021 ARNOLD PALMER DR NE ANOKA,MN 55303 FRIDLEY,MN 55432 BLAINE,MN 55449 CHRISTIANSEN KENNETH A& P CURRENT RESIDENT CURRENT RESIDENT 7525 4TH ST NE 350 75TH AVE NE 351 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 360 74TH AVE NE 361 74TH AVE NE 371 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENTSIDENT 372 74TH AVE NE 389 74TH VE NE 415 74TH E NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 476 75TWAVE NE 500 OSB9�ZNE RD NE 7398 SYM HONY ST NE FRIDLYY,MN 55432 FRIDLE`�,MN 55432 FRIDLEY, N 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENESIDENT 7400 LYRIC LN NE 7526 5TH ST NE Bad Addr s 1 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLE ,MN 0 FLATEN DAVID FLORES,LUGENE &JAMES GANNON JASON M 7415 U IVERSITY AVE NE 7501 UNIVERSITY AVE NE 750114TH ST NE FRIDLEY,MN 55432 FRIDLEY?MN 55432 FRIDLEY,MN 55432 GRACE L THERAN CHURCH HANSEN LYNN D &CHRISTINE L HELGERSQN JON & DUNN CASANDRA 460 75TH VE NE 230 RICE C+-EK BLVD NE 7388 SYMPHONY ST NE FRIDLEY, N 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HELM DALE A& POLLY A HIME VERNON F &JEAN M HOLMQUIST R L & HOLMQUIST W 7399 SYMPHONY ST NE 7517 4TH ST NE 1179 N SHOE DR#307 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FOREST L KE,MN 55025 HOLMQUIST ROBERT S ETAL HOLMQUIST WILLIAM & ROBERT HOLMQUIST WILLIAM C & MURIEL A 1179 N SHORE DR#307 3608 ADMIRAL LN 16248 CHARLESTON AVE FOREST LAKE,MN 55025 BROOKLYN CENTER,MN 55429 FORT MYERS,FL 33908 HOLMQUIST WILLIAM C & MURIEL A HOOPES PRESTON KADIC KEMAL &AJSA 450 75TH AVEINE 9140 163RD ST W 7510 4TH SE FRIDLEY,MN 55432 LAKEVILLE,MN 55044 FRIDLEY,MN 55432 KUIVANEN MARGO A TRUSTEE LORENZ EMI & LYNDA E MAGNUSON JOEL C 7398 LYRIC/ NE 7507 UNIVE ITY AVE NE 7413 UERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,M 55432 FRIDLEY,MN 55432 MANNING SCOTT E ETAL MATTI STANLEY D &TAMMY L MCCARTHY TIMOTHY L III ETAL 2333 135TN ST NW 7509 4TH ST NE C/O GE MIT INC ANDOVEf:',MN 55304 FRIDLEY,MN 55432 MPLS,MN 55439 MCCARTHY TIMOTHY L III ETAL MERNAUGH PAUL S & LISA A NGUYEN MINH TAM THI C/O MCCA THY CYNTHIA J 5811 195THAVE NW 7411 UNIVERSITY AVE NE MPLS,MN 85439 ANOKA,MN 15303 FRIDLEY,MN 55432 OAKLEY JENNIFER J OSTERKAMP JAMES D &JANICE G PAPINE STEPHEN L 7396 SYMP�ONY ST NE PO BOX 4842 380 74 AVE NE FRIDLEY,M 55432 COON RAP1DS,MN 55448 FRIDLEY,MN 55432 PETERSEN E DWAYNE & KATHLEEN D PIEKARSKI MARY K ROLSETH HOWARD W& MARJORIE 7391 SYMP�ONY ST NE 7390 LYgC LN NE 7534 5TH ST NE FRIDLEY,M 55432 FRIDLEY,,%AN 55432 FRIDLEY,MN 55432 ROTTELO SUSAN D SCHOSTAG DEREK G SHAW WILLIAM A JR & MARSHA E 7510 5TH Sl NE 7421 UNIVERSITY AVE NE 1601 N INNSBRUCK DR#310 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SITYPULSKI CAROL D SIEVER§ LONNY P SMITH MARGARET IRENE 7502 5TH ST Nf 7502 4TP ST NE 7525 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 STEFFENSON STEVEN STREICH LARRY D TALIAS TOWNHOUSES HOMEOWNERS 7417 UNIVEZSITY AVE NE 7518 4TH ST NE 9175 101 ST N FRIDLEY,M 55432 FRIDLEY,MN 55432 STILLWATER,MN 55082 TOMLIN JOHN D YANG IA L & PAO WADDICK GERALD P 7419 UNIRSITY AVE NE 7397 UNIVERSITY AVE NE 7517 UNIVERSITY AVE NE FRIDLEY, N 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ZELENAK GREGORY M 7526 4TH ST NE FRIDLEY,MN 55432 ABLE PROPERTY MANAGEMENT AGARWAL J GAL K& RAMA TRUSTEE AMARE SHEBER & HAILEMARIAM F 9920 ZILL ST NW 3015 12THAT NW 7381 V PHONY ST NE COON RAPIDS,MN 55433 NEW BRI HTON,MN 55112 FRID,9EY,MN 55432 B & D MATTHEWS INVESTMENT BAYER RUDOLPH C COMMERCE PARK INV ET AL 1410 S FERRY ST 2021 ARNOLD PALMER DR NE C/O KbIAK PROPERTY MGMT ANOKA,MN 55303 BLAINE/,UN 55449 MPLS,MN 55421 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 350 75TH AVE NE 351 74TH AVE NE 360 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 361 74TH AVE NE 371 74TH AVE NE 372 74TH AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 389 74T "AVE NE 7373 UNIVERSITY AVE NE 7385 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7398 SYMPHONY ST NE 7400 UNIVERSITY AVE NE 7420 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT DUDLEY WILLIAM N 7440 UNIVERSITY AVE NE Bad Ad 5F6 1 2280 E MEDICINE LK BLVD FRIDLEY,MN 55432 FRIDLEY,MN 0 PLYMOUTH,MN 55448 FLATEN PtOVID FLORES ' GENE &JAMES GANNON JASON M 7415 UNI RSITY AVE NE 7501 UNI RSITY AVE NE 7501 41H ST NE FRIDLEY,MN 55432 FRIDLEY, N 55432 FRIDLEY,MN 55432 GRACE LUTHERAN CHURCH HANSEN�YNN D & CHRISTINE L HELGE ON JON & DUNN CASANDRA 460 75TH AVE NE 230 RICE,tREEK BLVD NE 7388 SYMPHONY ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HELM DALE A& POLLY A KADIC F EMAL &AJSA KEMP��ICHARD & KATHLEEN 7399 SYM . ONY ST NE 7510 47H ST NE Bad ress 2 FRIDLEY,4� 55432 FRIDL Y,MN 55432 FRIDLEY,MN 55432 LORENZ EMIL P & LYNDA E MAGNUSON JOEL C MANNING BRIAN P & CHRISTINE E 7507 UNIVERSITY AVE NE 7413 UNIVSITY AVE NE 7385-7387 UNIyERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY, N 55432 FRIDLEY,MN 55432 MANNING SCOTT E ETAL MERNAUGH PAUL S & LISA A NGUYEN;MINH TAM THI 2333 135TH NW 5811 195TH AVE NW 7411 Ur'jVERSITY AVE NE ANDOVER, 55304 ANOKA,MN�5303 FRIDL ,MN 55432 OAKLEY JENNIFER J OSLIN CORY J & KIATONDA D OSTEf'ZKAMP JAMES D &JANICE G 7396 SYMPHONY ST NE 7378 SYMPHONY ST NE PO BOX 48332 FRIDLEY,MW 55432 FRIDLEY,MN 55432 COON RAPIDS,MN 55448 PAPINEAU STEPHEN L PETERSEN DWAYNE & KATHLEEN D S O PROPERTIES LLC 380 74TH`AVE NE 7391 SYMPIAONY ST NE 7398 UNIVERSITY AVE NE FRIDLEY','MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SCHOSTAG DEREK G SCHREINER ANTHONY& CYNTHIA SIEVERS LONNY P 7421 UNIVERSITY AVE NE 7372 SYMPHQNY ST NE 7502 4TFfST NE FRIDLEY, 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 STEFFENSON,STEVEN TALIAS TOWNHOUSES HOMEOWNERS TANGREN ELWOOD R & BARBARA 7417 UNIVERtITY AVE NE 9175 107TF1 ST N 7368 SYVHONY ST NE FRIDLEY,MN 55432 STILLWATER,MN 55082 FRIDLEY,MN 55432 TOMLIN JOHN.D YANG IA L & PAO 7419 UNIVERSITY AVE NE 7397MVERSITY AVE NE FRIDLEY,MN'55432 FRI1DEEY,MN 55432 LINDMAN JAMES & KATHLEEN M LOUCKS STEVEN R MAHOWALD HARLAN D & DIANE M 7371 LYRIC LN NE 7400 TEMPO TER NE 7451 LYRIC LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MANNING SCOTT E ETAL MCBRIANDO NA J MCCARTHY TIMOTHY L III ETAL 2333 135TH ST NW 7398 TEMPER NE C/O GENyfVIIT INC ANDOVER,MN'55304 FRIDLEY,MN 55432 MPLS,MN 55439 MCCARTHY TIMOTHY L III ETAL MEHAN NICKOLAS T& KAREN A NELSON DARLYS H C/O MCCARTHY CYNTHIA J 7371 SYMp TONY ST NE 7370 TEMPO TER NE MPLS,MN 55439 FRIDLEY,MN 55432 FRIDLEY,MN 55432 NO SUBURBAN HOSP DIST OAKLEY JENNIFER J OSTERKA4P JAMES D &JANICE G Bad Address 3 7396 SYMPHONY ST NE PO BOX 48332 FRIDLEY,MN 55432 FRIDLEY,MN 55432 COON RAPIDS,MN 55448 PETERSEN E WAYNE & KATHLEEN D PIEKARSKI MARY K RAHN CARROL C & DELILA E 7391 SYMPHONY ST NE 7390 LYRIQ'LN NE 7399 TEMPO TER NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ROBERGE ALBERT L & DELORES ROLFES SHELLY L SCHMIDT VERA M 7431 LYRIC LN NE 7410 TEMP TER NE 7380 LYRIC LAN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SCHONEBAUM THOMAS & MARLENE SCHREIB R CAROL & MICHAEL SHAW WXLIAM A JR & MARSHA E 7420 TEMPO TER NE 7399 LYMC LN NE 1601 N INNSBRUCK DR#310 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SITYPULSKI CAROL D TICHEY ROBERT J & PATRICIA TOZER WILBERT F & CAROL F 7502 5TH'ST NE 7401 TEMPO TER NE 7360 TEMPO TER NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 WEEMS JACK R& GAIL A TRUSTEES WESTERHAUS ALOYSIUS B &A A WILLIER CHARLES R& MOEN S K 7391 LYRIC LN NE 100 EAST RD 7361 LYRIC LN NE FRIDLEY,MN 55432 CIRCLE PINES,MN 55014 FRIDLEY,MN 55432 ZANONI LAURA TRUSTEE 7380 TEMPO TER NE FRIDLEY,MN 55432 City of Fridley Land Use Application ZOA-03-04 December 17, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: 415 74'Avenue: Rolland Stinski 1961 -Lot is platted. RAS Properties 1963- 11-unit building constructed. 3647 McKinley Street 7400 Lyric Lane: Minneapolis MN 55418 1961 -Lot is platted. Requested Action: 1963-8-unit building constructed. Rezone property from R-1 & R-2 to R-3. 350 75th Avenue: Existing Zoning: 1961 -Lot is platted. R-1, Single Family& R-2, Two Family Units 1966- 11-unit building constructed. Location: 460 75`h Avenue: 351 74"Avenue, 361 74`h Avenue, 371 74th Avenue, 1961 -Lot is platted. 389 74'Avenue, 415 74`h Avenue, 7400 Lyric Lane, 1957-Church constructed. 35075 1h Avenue, 460 751h Avenue, 450 75`h Avenue, 1983-Addition to church. 476 75`h Avenue. 1986-Garage constructed. Size: 1989-Deck constructed. 351 741h Ave: approx. 23,880 sq. ft. 2001 -t Bell tower constructed. 361 74th Ave: approx. 13, 500 sq. ft. 450 75 Avenue: 371 74th Ave: approx. 13, 500 sq. ft. 1961 -Lot is platted. 3 1963- 11-unit building constructed. 89 74th Ave: approx. 27,000 sq. ft. 415 74th Ave: approx. 13,500 sq. ft. 1973-Garages constructed. 1991 -Garages constructed. 7400 Lyric Ln: approx. 13,158 sq. ft. 476 75`h Avenue: 350 75th Ave: approx. 22,422 sq. ft. 1961 -Lot is platted. 460 75th Ave: approx. 44,033 sq. ft. 1963- 11-unit building constructed. 450 75th Ave: approx. 23,280 sq. ft. 476 75th Ave: approx. 23,280 sq. ft. Legal Description of Property: Existing Land Use: 351 74th Ave.-Lot 10, Block 1, Melody Manor Add. m 361 74 Ave.-Lot 9, Block 1, Melody Manor Add. Multi-Family. 75 Avenue is a church, all other parcels are 371 74`h Ave.-Lot 8, Block 1, Melody Manor Add. Multi-Family. 389 74`h Ave. -Lot 6, 7, Block 1, Melody Manor Add. Surrounding Land Use &Zoning: 415 74`h Ave. -Lot 4, 5, Block 1, Melody Manor Add. N: Single Family& R-1 7400 Lyric Ln. -Lot 3, Block 1, Melody Manor Add. E: Single family & R-1 35075 1h Ave. -Lot 12, Block 1, Melody Manor Add. S: Duplexes & R-2 460 75th Avenue-Parcel 43560, N '/2 Section 11, W: University Ave Service Road & ROW Outlot 1, Melody Manor Addition. Comprehensive Plan Conformance: 450 75"Ave. -Lot 1, Block 1, Melody Manor Add. Consistent with Plan. 476 75`h Ave. - Lot 2, Block 1, Melody Manor Add. Zoning Ordinance Conformance: Council Action/60 Day Date: Section 205.09.01.A.(1)allows multiple dwellings January 5, 2004/January 12, 2004 including rental and condominium apartments. SUMMARY OF REQUEST Zoning History: Rolland Stinski, RAS Properties, and owner of 450 351 74`h Avenue: and 476 75th Avenue is requesting to rezone the 1961 -Lot is platted. properties located at 351 74th Avenue, 361 74" 1963- 11-unit building constructed. Avenue, 371 74th Avenue, 389 74`h Avenue, 415 75`h 361 74`h Avenue: Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75`h 1961 -Lot is platted. Avenue, 450 75th Avenue and 476 75`h Avenue from 1962-8-unit building constructed. R-1 Single Family (460 75th Avenue)and R-2, Two 371 74`h Avenue: Family Units to R-3, Multi-Family. 1961 -Lot is platted. SUMMARY OF ANALYSIS 1979-4-unit building constructed. City Staff recommends approval of this rezoning 1979-Detached garage constructed. request. 389 74`h Avenue: 0 Proposed rezoning corrects an existing non- 1961 -Lot is platted. conformity. 1963- 11-unit building constructed. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg ZOA #03-04 REQUEST Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 389 74t Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 450 75th Avenue and 476 75th Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 2 of them. The petitioner has indicated that the 2 property owners he hadn't heard from aren't opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. 75TH AVE G 350 46 rn LO W co 351 1 co 74TH AVE ANALYSIS All of the above referenced properties are zoned R-2, Two Family Units with the exception of 460 75th Avenue (Grace Lutheran Church), which is zoned R-1, Single Family. The R-2 zoned properties are made up of multi-family housing, ranging from 4 units to 11 units, and were constructed between 1962-1979. As the properties exist today, they are considered existing non-conforming uses. The code states that a non-conforming use can exist as it is today and can be upgraded provided that necessary repairs do not constitute more than 50% of the fair market value of such structure. The code also states that if the non- conforming structure is damaged by fire, flood, explosion, earthquake, tornado, riot, or act of God, it may be reconstructed and used as before it if is reconstructed within 12 months, unless the damage to the building or structure is 50% or more of its fair market value. In no case may a non-conforming use be expanded. In 1955, a zoning ordinance was adopted that added the R-3, Multi-Family zoning district, however multi-family was still a permitted use in the R-2, Two- Family zoning district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964, revising the permitted uses of the R-2 zoning District. The revision doesn't allow multi-family uses in the R-2 zoning district, therefore making the existing multi-family buildings in the R-2 district pre-existing non-conforming. The petitioner came to City Hall last summer to apply for a building permit to tear down his existing garages and build new ones. Because his property is non- conforming, a building permit couldn't be issued to re-invest in his property. City staff suggested that the best way to resolve the non-conforming issue and give the petitioner the ability to legally re-invest in his property would be to rezone his property to R-3, which is the current use of the property. In order to accomplish a successful rezoning, the entire block between 74th Avenue, 75th Avenue, University Avenue Service Road and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units (and potentially more) in the City that are zoned R-2, Two Family and are used to house multi-family buildings. All of these building are pre-existing non-conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on the case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. Rezoning these properties not only allows the property owners to re-invest in their properties, it also protects the supply of rental housing in Fridley. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plans current land use map and 2020 future land use map designates this area as "Multi-Family." Therefore, rezoning these properties from R-2, Two Family to R-3, Multi-Family is consistent with the Comprehensive Plan and will promote preservation and rehabilitation of the existing multi-family buildings. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. SCHEDULE A Sq. Footage/ Name of Owner Property Address PIN Acreage Grace Lutheran Church 460 - 75 Ih Avenue NE 113024240001 Fridley,MN William A Shaw, Jr. 7400 Lyric Lane NE 113024240004 &Marsha E. Shaw Fridley, MN William A. Shaw, Jr. 415 - 74"'Avenue NE 113024240005 &Marsha E. Shaw Fridley,MN Scott E. Manning, et al 389 - 74 Ih Avenue NE 113024240006 Fridley, MN Rudolph C. Bayer 371 - 74`h Avenue NE 113024240007 Fridley, MN Paul S. Mernaugh& 361 - 74 Ih Avenue NE 113024240008 Lisa A. Mernaugh Fridley, MN Lynn D. Hansen& 350 - 75 Ih Avenue NE 113024240011 Christine L. Hansen Fridley, MN R.A. Stinski d/b/a 450 - 75"'Avenue NE 113024240112 & RAS Properties Fridley, MN 113024240113 R.A. Stinski d/b/a 476 - 75h Avenue 113024240108, RAS Properties Fridley, MN 113024240109, 113024240110, 113024240111, 113024240115, 113024240116, 113024240117, 113024240118, 113024240119, 113024240120, 113024240121, 113024240122, 113024240123, 113024240124, 113024240125, 113024240126, 113024240127, 113024240128 & 113024240129 int V ro�� � SCHEDULE B Property Address Legal Description 460 - 75`h Avenue NE That part of the East %i of the Northwest Y4 of Fridley, MN Section 11, Township 30, Range 24 7400 Lyric Lane NE Lot 3, Block 1, Melody Manor Fridley, MN 415 - 74`h Avenue NE Lots 4 and 5, Block 1, Melody Manor Fridley,MN 389 - 74'Avenue NE Lots 6 and 7, Block 1, Melody Manor Fridley,MN 371 - 74'Avenue NE Lot 8, Block 1, Melody Manor Fridley, MN 361 - 74'Avenue NE Lot 9, Block 1, Melody Manor Fridley,MN 350 - 75`h Avenue NE Lot 12, Block 1, Melody Manor Fridley, MN 450 &476 - 75`h Avenue NE Units 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, Fridley, MN 17, 18, 19, 20, 21 and 22, Condominium No. 5, Unity View Condominiums SCHEDULE C Name &Address of License Ever Denied Business Requiring License Type of Business or Revoked SCHEDULE C Name &Address of License Ever Denied Business Requiring License Type of Business or Revoked SCHEDULE C Name & Address of License Ever Denied Business Requiring License Type of Business or Revoked y LIST OF PROPERTY OWNERS William A Shaw, Jr. Scott E. Manning &Marsha E. Shaw 2333 - 135th Street NW 1601 Innsbruck Dr. - #310 Andover, MN 55304 Fridley, MN 55432 Paul S. Mernaugh & Rudolph C. Bayer Lisa A. Mernaugh 2021 Arnold Palmer Dr. NE 5811 - 195th Avenue NW Blaine, MN 55449 Anoka, MN 55303 Lynn D. Hansen & R.A. Stinski Christine L. Hansen 3647 McKinley Street NE 230 Rice Creek Blvd. NE Minneapolis, MN 55418 Fridley, MN 55432 ',,n I ,, Pastor John Ude evm r V ul Grace Lutheran Church 460 - 75th Avenue NE 1410 q vav) Fridley, MN 55432 O/ vio U, SCHEDULE D Fee Owner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 -75`''Avenue NE Church Fridley,MN 55432 52003 William A Shaw,Jr. 1601 N. Innsbruck Dr.,#310 &Marsha E. Shaw Fridley,MN 55432 52003 Scott E. Manning 2333 - 135"' Street NW Andover,MN 55304 , 2003 Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine, MN 55449 , 2003 Paul S. Mernaugh& 5811 - 195 'Avenue NW Lisa A. Mernaugh Anoka,MN 55303 52003 Lynn D.Hansen& 230 Rice Creek Blvd.NE Christine L. Hansen Fridley,MN 55432 52003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 2003 Petitioner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 - 75"'Avenue NE Church Fridley,MN 55432 , 2003 William A Shaw, Jr. 1601 N. Innsbruck Dr., #310 &Marsha E. Shaw Fridley, MN 55432 , 2003 Scott E. Manning 2333 - 135`''Street NW Andover, MN 55304 ,2003 Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine,MN 55449 , 2003 Paul S.Mernaugh& 5811 - 195`'Avenue NW Lisa A. Mernaugh Anoka,MN 55303 , 2003 Lynn D. Hansen& 230 Rice Creek Blvd.NE Christine L. Hansen Fridley,MN 55432 52003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 '0 A, ,•;2 52003 SCHEDULE D Fee Owner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 -75`h Avenue NE Church Fridley, MN 55432 , 2003 William A Shaw,Jr. 1601 N. Innsbruck Dr.,#310 &Marsha E. Shaw Fridley,MN 55432 52003 Scott E.Manning 2333 - 135`'Street NW Andover,MN 55304 , 2003 Rudolph C.Bayer 2021 Arnold Palmer Dr.NE Blaine, MN 55449 ,2003 Paul S. Mernaugh& 5811 - 195` Avenue NW Lisa A. Mernaugh Anoka, MN 55303 52003 Lynn D.Hansen& 230 Rice Creek Blvd.NE C7_(o Christine L.Hansen Fridley, MN 55432 q�3� �q-9-o3 X003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 ,2003 Petitioner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 - 75`'Avenue NE Church Fridley, MN 55432 , 2003 William A Shaw,Jr. 1601 N. Innsbruck Dr., #310 &Marsha E. Shaw Fridley,MN 55432 12003 Scott E.Manning 2333 - 135 'Street NW Andover,MN 55304 12003 Rudolph C.Bayer 2021 Arnold Palmer Dr.NE Blaine, MN 55449 12003 Paul S. Mernaugh& 5811 - 195`'Avenue NW Lisa A.Mernaugh Anoka,MN 55303 ,2003 Lynn D. Hansen& 230 Rice Creek Blvd.NE C-7(0 3)J 71 4-9-0 3 Christine L.Hansen Fridley,MN 55432 qq > i 9.9-03 ¢ !2003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 , 2003 SCHEDULE D Fee Owner Information: Phone Signature Name Address Number &Date Grace Lutheran ' 460 -75`h Avenue NE Church Fridley,MN 55432 003 William A Shaw,Jr. 1601 N. Innsbruck Dr., #310 k &Marsha E. Shaw Fridley,MN 55432 ,9 3—05 , 2003 Scott E.Manning 2333 - 135`' Street NW Andover,MN 55304 , 2003 Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine,MN 55449 32003 Paul S. Mernaugh& 5811 - 195`'Avenue NW Lisa A.Mernaugh Anoka, MN 55303 , 2003 Lynn D. Hansen& 230 Rice Creek Blvd.NE Christine L.Hansen Fridley,MN 55432 , 2003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis, MN 55418 , 2003 Petitioner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 -75'Avenue NE Church Fridley,MN 55432 2003 r William A Shaw, Jr. 1601 N. Innsbruck Dr.,#310 &Marsha E. Shaw Fridley, MN 55432 9-,3?I3 32003 Scott E.Manning 2333 - 135'' Street NW Andover, MN 55304 52003 Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine, MN 55449 52003 Paul S. Mernaugh& 5811 - 195'Avenue NW Lisa A. Memaugh Anoka,MN 55303 , 2003 Lynn D. Hansen& 230 Rice Creek Blvd.NE Christine L.Hansen Fridley,MN 55432 52003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 52003 SCHEDULE D Fee Owner Information: Phone Signature Name Address Number &Date Grace Lutheran ' 460 -75ffi Avenue NE Church Fridley,MN 55432 , 2003 William A Shaw,Jr. 1601 N. Innsbruck Dr.,#310 &Marsha E. Shaw Fridley,MN 55432 Scott E.Manning 2333 - 1351''Street NW t'1 A-w/-4--ttl-/ V,a(AWWA -ffiA�A41A46 Andover, MN 55304 `,2-V- 03 , 2003 (� Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine,MNT 55449 T , 2003 Paul S. Mernaugh& 5811 - 195`''Avenue NW Lisa A. Mernaugh Anoka,MN 55303 , 2003 Lynn D. Hansen& 230 Rice Creek Blvd.NE Christine L. Hansen Fridley,MN 55432 12003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 12003 Petitioner Information: Phone Signature Name Address Number &Date Grace Lutheran 460 - 75"'Avenue NE Church Fridley, MN 55432 , 2003 William A Shaw,Jr. 1601 N. Innsbruck Dr.,#310 &Marsha E. Shaw Fridley,MN 55432 12003 Scott E.Manning 2333 - 135"' Street NW V I OwWA.MA*1 t4'*i c' Andover,MN 55304 ,;t `1- o 003 Rudolph C. Bayer 2021 Arnold Palmer Dr.NE Blaine,MN 55449 92003 Paul S. Mernaugh& 5811 - 195`''Avenue NW Lisa A. Mernaugh Anoka,MN 55303 52003 Lynn D. Hansen& 230 Rice Creek Blvd.NE Christine L.Hansen Fridley,MN 55432 92003 R.A. Stinski d/b/a 3647 McKinley Street NE RAS Properties Minneapolis,MN 55418 , 2003 12/11/2003 10: 11 7634276084 TRANSFORMATION HOUSE PAGE 01 Transformation House, Inc. Betty J. Mathews, Executive Director 1410 South Ferry Rd. Anoka. MN 55303 0j) Phone:76327-7155 Fax:763-427-6084 www.transformat'oi nhouse.00m transformationhouse@yahoo.com December 11, 2003 Stacy Strornberg City of Fridley Re: Rezoning I, Betty Mathews, am the owner of the property located at 35174 th Avenue NE in Fridley. I encourage the rezoning in R2 to R3. If you have any further questions please feel free to call at 763-427-7155. Thank you, Betty 1.7athes Owner Tl Planning Commission Meeting, December 17, 2003 Page 4 Mr. Holm stated that most monopoles today were designed with a crinkle point or a fall zone stress point half way up the tower or 3/4 of the way up the tower; there is essentially a built in angular piece of steel so that if a tower were to be overloaded with the wind, it would basically crinkle at the top rather than fall like a tree. MOTION by Mr. Oquist, seconded Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Mr. Oquist stat it looked like a reasonable request and that placing towers in an industrial area is preferab e to other approved sites in the city, and in a location close to 694 which is a heavy traffic are He recommended city council approval of the request with the stipulations. Seconded by M Saba. Mr. Holm questi ned the stipulation of the landscape plan since it was in an industrial area. Ms. Savage stat d that industrial areas also required landscaping. Mr. Holm stated that due to the limited area around the building landscaping would be difficult . Ms. Savage stated she would like to see some effort made to do some landscaping. Mr. Holm stated it was not an expense issue but more of a bother issue. UPON A VOICE OTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CA RIED UNANIMOUSLY. Ms. Savage said thi� request will be heard by the City Council on January 5, 2004. 2. PUBLIC HEARING: Consideration of a Rezoning, ZOA#04-04, by RAS Properties, to rezone multiple properties from R-2-Two-Family Unit Zoning to R-3-General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, & Lyric Lane. MOTION made by Mr. Kuechle, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. Stromberg stated that RAS Properties and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 371 74th Avenue, 389 74th Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 450 75th Avenue and 476 75" Avenue from R-1 single family and R-2 two family to R-3 multi family. Ms. Stromberg stated the petitioner had contacted all of the property owners regarding the rezoning request and has received signatures from all but one. The petitioner indicated that the Planning Commission Meeting, December 17, 2003 Page 3 3. The petitioner shall provide a soil report and footing analysis indicating that the existing soil and footings can support the tower. 4. A landscape plan showing the existing ground contr structure will be fenced and screened be submitted and approved by City for to issuance to a building permit for the new antenna. Ms. Savage asked if there have been any problems, comp) ants or any feedback received by staff. Ms. Stromberg stated that following the mailing of the ublic hearing notice, only one neighboring property owner indicated concern. She tated she was unaware that there was an existing tower in this location but believed it was a ew tower. Mr. Oquist asked if any information h/beenr eived on stipulations 1 and 2. Ms. Stromberg stated that none had ed. Mr. Mark Holm of American Tower Cn behalf of American Tower Corp and AT&T Wireless. Mr. Holm is working with Ass to expand their coverage throughout the metropolitan area to increase the capdle the number of calls and upgrade their technology with the GSM antennas. nas are being added to approximately 45 existing towers owned by Americanower Corp. In most cases, adding one antenna to an existing structure is considered a �odification and does not require going through a zoning processes. This tower has been,in its location for over a decade and there are no records of when they had been properly p mitted. It was determined by staff that this should go through the special use permit process s to identify the tower as a conforming use, bringing it into compliance and to allow the a dition of the antenna. Originally the site had been developed by McCaw Cellular who original owned the FCC license in the metropolitan area for cellular communications but was la r purchased by AT&T Wireless. Mr. Holm was uncertain as to McCaw Cellular's record eping and the amount of information transferred to AT&T Wireless. In addition, the building s originally owned by American Midwest Power which later sold the property to the current owner, Aramark. The number of transfers may have led to the lack of records. American Tower contacted AT&T to determine the type of records they have on the site in an attempt to satisfy the stipulations on the Special Use Permit. This Permit would allow AT&T to expand their capacity in the area and further technology. Mr. Holm stated that with the limited space, there will be a need to be creative with the fencing and landscaping. He also stated that it might be difficult to find the actual geotech study that was done when the tower was originally built because of the multiple transactions that occurred over a decade go. With further research he believes that the stipulations can be satisfied with some creative andscaping. Mr. Kuechle asked if there might be some agreement on the real estate records with the County. Mr. Holm tated he did have copies but felt he would need to get permission from AT&T to release a leases executed with American Midwest Power and the lease amendment with Aramar . He believes AT&T would not have a problem with the submission. Mr. Kuechle questioned the stipulation dealing with the tower collapsing on itself and if it was a requirement that towers be designed that way. Also, if there was an 80 mph wind and a half- inch ice on the tower, would it be likely a tower would collapse. Planning Commission Meeting, December 17, 2003 Page 5 one property owner isn't opposed to the rezoning request but that they would want to contribute to the cost of the rezoning application. Ms. Stromberg stated all properties are zoned R-2 two family units with the exception of 460 75`h Avenue which is Grace Lutheran Church which is zoned R-1. The R-2 zoned properties are made up of multi family housing ranging from 4 to11 unit buildings. Ms. Stromberg stated the properties became non-conforming when the city adopted a new zoning ordinance in 1964 revising the permitted uses of the R-2 zoning district. The revision in 1964 does not allow multi-family uses in the R-2 zoning district, therefore making the existing multi family buildings in the R-2 district pre-existing non-conforming uses. Ms. Stromberg stated the petitioner applied for a building permit to tear down and replace his existing garages. Because his property is non-conforming a building permit could not be issued to reinvest in this property. City staff suggested that the best way to resolve the non-conforming issue would be to rezone this property to R-3 which is the current use of the property. To accomplish rezoning, the entire block between 74th Avenue, 75th Avenue, University Avenue Service Road and Lyric Lane would need to be rezoned. Ms. Stromberg stated that City staff asked the City Council and the various commissions on their 2001 council/commission survey if they were interested in having staff initiate a rezoning process for approximately 50 non-conforming properties. The survey indicated that the council preferred to evaluate each property on a case-by-case basis when petitioned by the property owner. The comprehensive plan designated this area as multi family; therefore, rezoning this property from R-2 to R-3 is consistent with the comprehensive plan. Ms. Stromberg stated City staff recommends approval of this rezoning request as the proposed rezoning corrects an existing non-conformity and the rezoning is consistent with the comprehensive plan. Ms. Savage asked if any calls had been received about this rezoning. Ms. Stromberg stated that numerous calls were received more out of curiosity as the public notice the city sent out wasn't that clear. No opposition was received once the rezoning was explained by staff. Mr. Stinski stated he purchased two 11-unit buildings at 450 & 476 75th Avenue in January 2003 and discussed with city staff plans to rebuild garages currently located in the center of the property near a power pole and possibly make another driveway exiting onto Lyric Lane. The current location makes it difficult for an average truck to enter or exit and almost impossible for fire trucks to service the backend of the buildings. Staff stated this was a non-conforming use and changes could not be made to the buildings as currently zoning but that the entire block would need to be rezoned to conform. Mr. Oquist stated that there are no stipulations to deal with. Mr. Kuechle asked what Mr. Stinski projected as the life of the buildings. Mr. Stinski stated that the original garages being discussed are probably from the early 1960's and are almost inhabitable. There are six units of garages that are fairly new. Permits were obtained for the improvements made to the interior of the buildings and landscape improvements but work had to be halted when I wanted to tear down the building. �I - Planning Commission Meeting, December 17, 2003 Page 6 Mr. Saba asked if these were apartment rentals. Mr. Stinski stated they were. Vera Schmidt of Lyric Lane stated she appreciated the work that had been done but there is one concern which is the addition of the driveway onto Lyric Lane. She stated it was a very busy street and an emergency route and a lot of children in the neighborhood. She asked what additional steps would be needed to have that approved. Mr. Stinski stated that when the Fire Department went through the buildings they had suggested and were in favor of a driveway onto Lyric Lane. He stated it would be easier for a big hook and ladder to enter the site. He did suggest making it a "one way" allowing the traffic to enter but exit on 75th. He stated there were only 22 units and not a large volume of traffic. Ms. Kuechle asked if the City had a position on this issue. Ms. Stromberg stated Jon Haukaas, the Public Works Director, would need to approve any additional access points on the City streets. She was not certain as to his position. Mr. Stinski stated he felt it would be a good for safety reasons. Dave Flaten of 7415 University Avenue asked if the commission knew what their property was zoned. Ms. Stromberg stated they currently are zoned R-3 multi family and are in compliance. Mr. Flaten asked whether there is talk of any other development as a part wanting to change the zoning. Ms. Stromberg stated it was simply from this request. Dale Helm of 7399 Symphony Street, stated he purchased his home in 1995 but believes that when it comes time to sell his home the multi-unit housing would devalue the surrounding property based upon the appraisal received at the time of purchase and subsequent appraisals. His concern is that the rezoning could cause current homeowners to seek homes elsewhere. He believes that rezoning opens the door to the wrong direction for this community and will intensify issues that he already faces with multi-unit housing. Police have been contacted for issues such as trash on side lawn, front lawn and streets of 74th and Symphony left by the apartment complex residents and their visitors, increased traffic, noise, working on cars on city streets, privacy issues, and issues with unattended children. Mr. Helm cited a problem with two boys who took great glee in shooting other very small children with BB's causing injury and fear. After they ran out of ammo they started pumping the gun, placing the barrel to other children's heads and pulling the trigger. They did this at the apartment doorstep so children leaving the apartment could be caught by surprise. During this entire time no parents were on the scene. Only after the police had arrived and confiscated the BB gun, did the parents show up and talk to the police. These children are far too young to be left unattended. Until something is done, groups of 5 to 20 kids will continue to congregate at this location. Planning Commission Meeting, December 17, 2003 Page 7 Mr. Helm stated that currently it is not safe for his children to play in their own front yard, and that his family is tired of being a prisoner in their own home. His request is for the commission to look at the broader scope of the picture, not look for a quick fix and not approve rezoning this area. Mr. Lynn Hanson, owner of the building at 350 751h Avenue, stated it would make sense to rezone this area and is in favor of it. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:27 P.M. Mr. Saba asked if this block was rezoned to R-3 and if a new development does want to build a bigger complex, could they build whatever they want. Are there or can there be any restrictions once zoned R-3 or does everything that goes with R-3 goes with rezoning so no restrictions can be placed. Ms. Stromberg stated that there are lot requirements and that the lot size would determine the number of units. Ms. Kuechle stated that according to the plans 415, 430 and 489 are the largest lots but could not hold a large complex. Mr. Saba stated that 415 is only 13,500 square feet. Ms. Savage stated that if these complexes were to burn down, they are duplexes not single family homes. Ms. Savage stated the public hearing had been closed. Mr. Kuechle stated that he was in favor of rezoning and that if zoning remained at R-2, Mr. Stinski and other property owners are held from improving their properties which would contribute to properties going down hill. If property owners like Mr. Stinski are investing in their property, they are more prone to maintain the properties to protect their investment. Mr. Kuechle recommended approval. Ms. Saba agreed with Mr. Kuechle's comments. Mr. Oquist agreed that it is the right thing to do as it should improve the situation and not continue to degrade it. Ms. Johns asked if the landlords are held responsible for their tenants' actions. Ms. Stromberg stated that the Fire Department does rental inspections to make sure that they are in compliance with all code requirements, but that the landlord needs to be in control of their tenants' actions, but can't necessarily control them. Ms. Savage suggested that Mr. Helm work with a community officer who might have more contact with the tenants. Planning Commission Meeting, December 17, 2003 Page 8 MOTION made by Mr. Kuechle to recommend City Council approve rezoning request 03-04 from zoning R-2 to R-3, seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this item will go to the City Council on January 5, 2004. 3. RECEIVE THE MINUTES OF THE NOVEMBER 12, 2003, APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the November 12, 2003 Appeals Commission meeting minutes. UPON A VOIC�VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION RRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE NOVEMBER 6, 2003, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Ms. Johns, to approve the November 6, 2003 Housing and Redevelopment Authority minutes. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIE UNANIMOUSLY 5. RECEIVE THE MIN TES OF THE NOVEMBER 18 2003 ENVIRONMENTAL QUALITY & ENERG COMMISSION MEETING: MOTION by Ms. Johns, second d by Mr. Saba, to approve the November 18, 2003 Environmental Quality & Energy�ommission minutes. UPON A VOICE VOTE, ALL VdTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 6. RECEIVE THE MINUTES OF THE NOVEMBER 3 2003 PARKS & RECREATION COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the November 3, 2003 Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY Ms. Stromberg presented an overview of 2003 Planning Commission activities. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. Planning Commission Meeting, December 17, 2003 Page 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE DECEMBER 17, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:36 P.M. Respectfully submitted, Stacy Std berg City Plar4ner 12/31/2003 12:27 2APPIA LEUAHN HEUER LTD. 4 7635711287 N0.824 P002 LEVAHN HELIER December 31, 2003 CLARK M. IVERSON STEVEN H BERNDT* (Writer's Direct DW 763-502-7103) JAMES A.HEUER,JR.** THOMAS M. ZAPPIA* JOEL T. LEVAHN DEMO W, BERNDT VIA FAX ONLY- 763-571-1287 Stacy Stromberg City of Fridley 6431 University Ave.N.E. PARALEGALS JULIE A. CARTER Fridley, MN 55432 MARY ANN CHRESTLANS JILL R. HOLMES RE: • Roland A. Stiusla LAURA 1NGEBRIGTSEN Property located at 450 &476 - 75`t Avenue NE,Fridley,MN SHELLEY LOVEIoY Our File No.20727 TKAcx BuGHTEL LAUREL M.RANDALL Dear Stacy: MARY BETH SCHULTZ MARGO SODAHL Enclosed please find the Consent of Rudolph C. Bayer to the rezoning. 941 HILmNo RD.N.E. Please let me know if you need any additional information.. SuiTE 301 NAINNEAPOLIS,MN Very truly yours, 55432 TEL: 76.3-571-7721 ZAPPIALeVAHN& HEUER,LTD. FAX: 763-571-7734 / � Thomas M. aPT OEmail taozap �Vxow) TMZ jrh Enclosure cc: R-A.. Stinski(via fax only w/enc.) 'REAL PROPERTY LAw SPECIALIST C.f.TIMED BY THE Mv,,me rr.�B.kz AzoaATION 12/31/2003 12:27 ZAPPIA LEUAHN HEUER LTD. 4 7635711297 N0.e24 9003 TAM 12/10/03 CONSENT TO APPLICATION FOR REZONING The undersigned, Rudolph C. Bayer,is the owner of the property located at 371 741h Avenue, Fridley,Minnesota. I have received notice that an application has been made to rezone my property. This letter is notice to the City of Fridley that I hereby consent to the Application for Rezoning which specifically includes my property at 371 70 Avenue,Fridley,Minnesota. Dated: 2003. �- f✓� �i -.� � ' I Rudolph C. Ba J 12/15/2003 16:23 ZAPPIA LEUAHN HEUER LTD. 4 5711287 N0.598 9003 TMz 12/10103 CONSENT TO APPLICATION FOR REZONING The undersigned, Paul S.Mernaugh and Lisa A. Memaugh, are the owners of the property located at 36174'Avenue,Fridley,Minnesota. We have received notice that an application has been made to rezone our property. This letter is notice to the City of Fridley that we hereby consent to the Application for Rezoning which specifically includes our property at 361744 Avenue, Fridley,Minnesota. Dated: [2 2003. ul S. e ugh Lisa A.Merilaugh PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, January 5, 2004, at 7 :30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #03-04, by RAS Properties, to rezone multiple properties from R-2-Two-Family Unit Zoning to R-3- General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, & Lyric Lane, the following are a list of the properties being considered in this request : 1 . 460-75th Avenue, legally described as that part of the east one half of the northwest one quarter of Section 11, Township 30, Range 24, (full legal description on file and available at Fridley Municipal Center. ) 2 . 7400 Lyric Lane, legally described as Lot 3, Block 1, Melody Manor. 3 . 415 - 74th Avenue, legally described as Lots 4 and 5, Block 1, Melody Manor. 4 . 389 - 74th Avenue, legally described Lots 6 and 7, Block 1, Melody Manor. 5 . 371 - 74th Avenue, legally described as Lot 8, Block 1, Melody Manor. 6 . 361 - 74th Avenue, legally described as Lot 9, Block 1, Melody Manor. 7 . 350 - 75th Avenue, legally described as Lot 12, Block 1, Melody Manor. 8 . 450 & 476 - 75th Avenue, legally described as Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, Condominium No. 5, Unity View Condominiums . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than December 30, 2003 . The TDD number is 763-572-3534 . SCOTT J. LUND MAYOR Publish December 25, 2003 Cityof Fridley BEFOREBLIC IIi �`� Notice is hereb TIS CITYCCOUNCIL hearing of the Frid ehat there will be a public FridleY Municipal Cent y Council at,the Avenue Monda 6431 7:30 N f, °n Y,Janu University P•m.for the purpose of mS 5'2�4,at RAS Peration of a Rezoning,ZOA#03-04, by from �2 rezone multiple properties m R- boeneral Multiple Uhit nit Zoning to R_3- 74t�e v by is Avenoueng, generally Avenue,75th Avenue,&L Se LceRoad, Coll i g are a list of the prop ties considered ire re ,the quest: being 460-75th Avenue, legally described Part of the east one half of the no quarter of Section 11,Tow as that (full legal descri nship 30 Rang one FndleyMunici Ption on file and available2a; Pal Center,) 7400 Lyric Lane,legall Block 1,Melody Manor. Y described as Lot 3, 415-74th A and 5,Block.1,MelodlY MM..egally described as Lots 4 anor. 388-74th Avenue,legally described Lo and 7,Block 1,Melody Manor, is 6 Block-1,Me,ody venue ue legally described as Lot 8, Block 1, -74th looddAvenue M�orgally described as Lot 9, Block 1,Me 350-75th A Block 1,Me,ody venue, uee,legally described as Lot 12, 450&476-75th Avenue,legally described Unita 1,2, ,3,4,56 7,8 9 10,11,12,13 1415 , , 16, 18,19,C0 21,a , dominiu 5,Unity View Condominind 22Con ums m No. anvAny and all persons desiring to be heard shall la e. opportunity at the above stated may be refe Any queStions related tohisitem 763-572-3595.red to Stacy Stromberg,Planner at Hearing nng impaired Persons planning to attend disabilit esterP'eter or other persons with contact ho require au ']is should later thRoberta Collins at 76 572-3500 no n December 30, 2003. The TDD numberi 763-572-3534. Cott J.Lund Mayor (December 25,2003)F-2 #03-04 AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 CFrY OF FRIDLEY Date: December 23, 2003 To: William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for a Rezoning Request, ZOA#03-04, RAS Properties M-03-188 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 38974 th Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 45075 th Avenue and 476 75th Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 1 of them. The petitioner has indicated that the 1 property owner he hadn't heard from is not opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA#03-04, with the stipulations as presented. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 73 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 351 74TH Avenue: Lot 10, Block 1, Melody Manor Addition. 361 74th Avenue: Lot 9, Block 1, Melody Manor Addition. 371 74th Avenue: Lot 8, Block 1, Melody Manor Addition. 38974 th Avenue: Lots 6 & 7, Block 1, Melody Manor Addition. 41574 th Avenue: Lots 4 & 5, Block 1, Melody Manor Addition. 7400 Lyric Lane: Lot 3, Block 1, Melody Manor Addition. 35075 th Avenue: Lot 12, Block 1, Melody Manor Addition. 46075 th Avenue: That part of the east '/2 of the northwest '/4 of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75tH Avenue NE & southerly extension of west line of Block 1 Osborne Manor, thence south along said extended 161.33 ft, thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north along said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. 45075 th Avenue: Lot 1, Block 1, Melody Manor Addition. 47675 th Avenue: Lot 2, Block 1, Melody Manor Addition. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). 74 SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF JANUARY, 2004. ------------------------- — SCOTT J. LUND — MAYOR ATTEST: ----- ----------------------- DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 5, 2003 First Reading: Second Reading: Publication: 75 City of Fridley Land Use Application ZOA-03-04 December 17, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: 1963- 11-unit building constructed. Rolland Stinski 415 74"'Avenue: RAS Properties 1961 -Lot is platted. 3647 McKinley Street 1963- 11-unit building constructed. Minneapolis MN 55418 7400 Lyric Lane: Requested Action: 1961 -Lot is platted. Rezone property from R-1 & R-2 to R-3. 1963-8-unit building constructed. Existing Zoning: 350 75"'Avenue: R-1, Single Family& R-2, Two Family Units 1961 -Lot is platted. Location: 1966- 11-unit building constructed. 351 74"'Avenue, 361 74h Avenue, 371 74"'Avenue, 460 75"'Avenue: m m 389 74 Avenue, 415 74 Avenue, 7400 Lyric Lane, 1961 - Lot is platted. 350 75"'Avenue, 460 75"'Avenue, 450 75"'Avenue, 1957-Church constructed. 476 75"'Avenue. 1983-Addition to church. Size: 1986-Garage constructed. 351 74"'Ave: approx. 23,880 sq. ft. 1989- Deck constructed. 361 74th Ave: approx. 13, 500 sq. ft. 2001 Bell tower constructed. 371 74th Ave: approx. 13, 500 sq. ft. 450 750 Avenue: 389 74th Ave: approx. 27,000 sq. ft. 1961 -Lot is platted. 415 74th Ave: approx. 13,500 sq. ft. 1963- 11-unit building constructed. 7400 Lyric Ln: approx. 13,158 sq. ft. 1973-Garages constructed. 350 75th Ave: approx. 22,422 sq. ft. 1991 Garages constructed. 460 75th Ave: approx. 44,033 sq. ft. 476 75th Avenue: 450 75th Ave: approx. 23,280 sq. ft. 1961 - Lot is platted. 476 75th Ave: approx. 23,280 sq. ft. 1963- 11-unit building constructed. Existing Land Use: Legal Description of Property:351 74m Ave.- Lot 10, Block 1, Melody Manor Add. Multi-Family. Avenue is a church, all other parcels are 361 74"'Ave. - Lot 9, Block 1, Melody Manor Add. S ul -Family. 371 740 Ave.- Lot 8, Block 1, Melody Manor Add. Surrounding Land Use&Zoning: 389 740 Ave.-Lot 6, 7, Block 1, Melody Manor Add. N: Single Family& R-1 415 74"'Ave.- Lot 4, 5, Block 1, Melody Manor Add. E: Single family& R-1 7400 Lyric Ln.- Lot 3, Block 1, Melody Manor Add. S: Duplexes & R-2 m 350 75 Ave.-Lot 12, Block 1, Melody Manor Add. W: University Ave Service Road & ROW 460 75"'Avenue-Parcel 43560, N '/2 Section 11, Comprehensive Plan Conformance: Outlot 1, Melody Manor Addition. Consistent with Plan. 450 75"'Ave. -Lot 1, Block 1, Melody Manor Add. Zoning Ordinance Conformance: 476 75"'Ave. - Lot 2, Block 1, Melody Manor Add. Section 205.09.01.A.(1) allows multiple dwellings Council Action/60 Day Date: including rental and condominium apartments. January 5, 2004/January 12, 2004 Zoning History: SUMMARY OF REQUEST 351 74" Avenue: Rolland Stinski, RAS Properties, and owner of 450 1961 -Lot is platted. and 476 75"'Avenue is requesting to rezone the 1963- 11-unit building constructed. properties located at 351 74"'Avenue, 361 74"' 361 74"'Avenue: Avenue, 371 74"'Avenue, 389 74"'Avenue, 415 75" 1961 -Lot is platted. Avenue, 7400 Lyric Lane, 350 75"'Avenue, 460 75"' 1962-8-unit building constructed. Avenue,450 75"'Avenue and 476 75h Avenue from R- 371 74"'Avenue: 1 Single Family (460 75"'Avenue) and R-2, Two 1961 -Lot is platted. Family Units to R-3, Multi-Family. 1979-4-unit building constructed. 1979-Detached garage constructed. 389 74"'Avenue: 1961 - Lot is platted. 76 2 Rezoning SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning corrects an existing non- conformity. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg 77 ZOA#03-04 REQUEST Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 389 74t Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 450 75th Avenue and 476 75th Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 2 of them. The petitioner has indicated that the 2 property owners he hadn't heard from aren't opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. 75TH AVE 0 460 6 — �1`_'Y �y1� 1� I � COCO 'rpt F351, - 74TH AV �. ANALYSIS All of the above referenced properties are zoned R-2, Two Family Units with the exception of 460 75th Avenue (Grace Lutheran Church), which is zoned R-1, Single Family. The R-2 zoned properties are made up of multi-family housing, ranging from 4 units to 11 units, and were constructed between 1962-1979. As the properties exist today, they are considered existing non-conforming uses. The code states that a non-conforming use can exist as it is today and can be upgraded provided that necessary repairs do not constitute more than 50% of the fair market value of such structure. The code also states that if the non- conforming structure is damaged by fire, flood, explosion, earthquake, tornado, riot, or act of God, it may be reconstructed and used as before it if is reconstructed within 12 months, unless the damage to the building or structure is 50% or more of its fair market value. In no case may a non-conforming use be expanded. In 1955, a zoning ordinance was adopted that added the R-3, Multi-Family zoning district, however multi-family was still a permitted use in the R-2, Two- Family zoning district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964, revising the permitted uses of the R-2 zoning District. The revision doesn't allow multi-family uses in the R-2 78 zoning district, therefore making the existing multi-family buildings in the R-2 district pre-existing non-conforming. The petitioner came to City Hall last summer to apply for a building permit to tear down his existing garages and build new ones. Because his property is non- conforming, a building permit couldn't be issued to re-invest in his property. City staff suggested that the best way to resolve the non-conforming issue and give the petitioner the ability to legally re-invest in his property would be to rezone his property to R-3, which is the current use of the property. In order to accomplish a successful rezoning, the entire block between 74th Avenue, 75th Avenue, University Avenue Service Road and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units (and potentially more) in the City that are zoned R-2, Two Family and are used to house multi-family buildings. All of these building are pre-existing non-conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on the case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. Rezoning these properties not only allows the property owners to re-invest in their properties, it also protects the supply of rental housing in Fridley. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plans current land use map and 2020 future land use map designates this area as "Multi-Family." Therefore, rezoning these properties from R-2, Two Family to R-3, Multi-Family is consistent with the Comprehensive Plan and will promote preservation and rehabilitation of the existing multi-family buildings. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. 79 Introduction Dale Helm 7399 Symphony ST NE (My Home) is on the corner of: Symphony& 74`s Ave N.E. I want to thank the council for this opportunity to raise my concerns to the proposal to re-zone the 7_Df} 03-09 area from an R2 to an R3 rating. I have four major concerns to this proposal. I. Existing Multi-Unit Housing was built in violation to the existing code A:This situation has existed for many years(at least)before 1995 when I moved in to my home. I feel the solution is to make a long term transition plan from multi-unit back to residential homes instead of trying to find a"quick fix"such as re-zoning. B: Multi-Unit housing has de-valued the surrounding residential properties&further development would increase that de-valuement and continue the current trend.(Based on Appraisals). Possibly causing your current home owners to seek homes"elsewhere". C: Under current code-when buildings require replacement a family home would need to be built instead of an apartment complex-allowing Fridley to re-claim single family residential property. I feel that is a very positive thing for the community. II. Re-zoning opens the door to the wrong direction for this community Currently,the multi level housing along 74`x'Ave N.E. are varied in size and design-some are 1 story,2 story,and even 3 story buildings. By re-zoning,any available land(or existing structures)can be used to further develop this area and build much larger developments. A. With"Urban Sprawl","Commercial over-development",and shortages in single family homes being real issues that Twin Cities townships face I feel the council should look at the impact this would make. B. In a period where affordable single family housing is scarce,and large multi-unit complexes are numerous, we should be trying to"preserve our neighborhoods not over develop them. III. Re-zoning intensifies current issues I face with existing Multi-Unit Housing Please Note: that when appropriate Police have been called to aid in these matters-yet they continue-through no fault of the Police A. Trash: side lawn, front lawn,&streets(74`h&Symphony)all from the apartment complex. B. Increased Traffic: going to and from the apartment complexes. C. Noise: vehicles(apartment complexes)with Booming Stereo all hours of the night-any day the week. D. Encroaching Apartment Tenants: Sunbathing&Grilling on the front lawn(or)sitting in lawn chairs curbside watching residents come and go from their homes. Working on their cars on 74°i Ave N.E. E. Height of Apartment& Privacy Issues: People come out on their decks and stare at you in your own back yard. You don't want to use your own lawn, deck,or play with your children. F: Proximity: My family hears conversations, arguments, people calling to others(usually children or visitors. From inside my home. I have also had to smell mariivana while standing on my front lawn. 80 G: Huge Issues with Apartment Complex Juveniles: Due to the streetlight on my comer children of all ages use the intersection and the corner of my property to meet,hangout,play street sports,or generally get into trouble. These children are always unattended and unsupervised ranging in ages from 3-17 years old. This is a regular occurrence(Day,Night,even very Late Night). Winter is the only time that my family gets a break from this activity-which includes.: 1: Street Sports in the Intersection or on my lawn: Hockey, Basketball,Football, Baseball, Stickball,skateboarding off my curb. Riding their bikes&roller blading up my driveway. 2: Older kids hangout& terrorize: bully other smaller children for laughs. 3: Underage smokers: smoke on my corner&throw their butts on my drive& my lawn. 4: Kids take rocks from my yard: throw them at cars,houses, into the street,or at other children. 5: Apartment Kids constantly trespass on my front yard: to sit,talk,&just"Hang Out". 6: Small Apartment Kids come into my lawn& play in the rock area: as though it is a"sandbox"for them to play in. 7: Unattended apartment children are getting into trouble on a regular basis: (Example) BB Gun Incident: Police were called&did confiscate the BB Gun-but not before the following: Two boys took great glee in shooting other very small children with BB's causing injury, and fear. Before the Police arrived they ran out of ammo&started pumping the gun- placing the barrel to other children's heads and pulling the trigger. They did this at the apartment doorstep so children leaving the apartment could be caught by surprise. During this entire time no parent were on the scene-only after police had arrived to take awav the tun did parents suddenly show up. Please Note: These children are far"too young"to be left out unattended-especially at night. I have talked to them numerous times-some are latch key kids-some have parents that just don't care. Until something is done-groups of 5 to 20 kids will continue to congregate at this very spot every Spring, Summer, & Fall. IV. The current state of my Neighborhood & the Direction I feel we should go Currently, it is not safe for my own children to play in their own front yard-I want this to change-My family is tired of being a prisoner in our own home. Please sav "NO" to Re-Zoning & work towards a friendlier more responsible neighborhood who has an investment in the community-not iust people passing through. 81 r AW AGENDA ITEM ri CITY COUNCIL MEETING OF JANUARY 5, 2004 CFFY OF FRIDLEY Date: December 23, 2003 To: William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of a Rezoning Request, ZOA#03-04, RAS Properties M-03-188 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 38974 th Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 45075 1h Avenue and 476 75th Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 1 of them. The petitioner has indicated that the 1 property owner he hadn't heard from is not opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA#03-04, with the stipulations as presented. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 86 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 351 74TH Avenue: Lot 10, Block 1, Melody Manor Addition. 361 74th Avenue: Lot 9, Block 1, Melody Manor Addition. 371 74th Avenue: Lot 8, Block 1, Melody Manor Addition. 38974 th Avenue: Lots 6 & 7, Block 1, Melody Manor Addition. 41574 th Avenue: Lots 4 & 5, Block 1, Melody Manor Addition. 7400 Lyric Lane: Lot 3, Block 1, Melody Manor Addition. 35075 th Avenue: Lot 12, Block 1, Melody Manor Addition. 46075 th Avenue: That part of the east '/2 of the northwest '/4 of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75tH Avenue NE & southerly extension of west line of Block 1 Osborne Manor, thence south along said extended 161.33 ft, thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north along said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. 45075 th Avenue: Lot 1, Block 1, Melody Manor Addition. 47675 th Avenue: Lot 2, Block 1, Melody Manor Addition. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). 87 SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF JANUARY, 2004. ------ ------------------------ SCOTT J. LUND — MAYOR ATTEST: ----- ----------------------- DEBRA A. SKOGEN —CITY CLERK Public Hearing: January 5, 2003 First Reading: Second Reading: Publication: 88 FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 14 Councilmember Bolkcom said she did not understan 'it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the f omprehensive Plan said that if and when the area was developed, the City envisioned it would from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone Ome in and asked for half of it, we said sorry, they needed to get the other folks on the block involved. If the other property owners said no, the developer would have had a dilemma. What was requested was consistent with the guide plan. That was the bigger picture. It was what the City said it wanted. /i Councilmember Bolkcom asked why t e zoning for someone who was already there needed to be changed. Nothing was going to be done with the other two properties. She asked why they were included. If they made it S-2, many&ngs could be done. Mayor Lund asked the City Attorn y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ing was necessary as part of the process. When Courts reviewed these decisions, one of the t ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin study to determine the demographics for the area, what the market demand was for senior ousing, and what the market would bear in terms of price for the units. They used a reputable rm to conduct the survey. The response proved that not only was there a demand here but the is were in a healthy price range. MOTION by Council ember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary PI t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE/ VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY UNITS TO R-3 GENERAL MULTIPLE UNITS GENERALLY LOCATED AT 351 — 74 AVENUE 361 —74 AVENUE 371 —74 AVENUE 389 — 74 TH AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 TH AVENUE 460—75 AVENUE, 450—75 AVENUE AND 476—75 AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5 2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the neinorhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove ng. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go t ough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He wa encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p Ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would allow up to 10 percent or up to 5 its. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. hey were very specific about trees in the landscape plan. The zoning was consistent with st dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prope y. A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ined to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo corn asked if parking stalls were normally 9 feet wide. Mr. Hickok said * residential projects it was not uncommon to see a 9-foot parking stall. The City did have the di retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the p4ii at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue,�nd turn-over in a senior complex like this was proven to be low. Councilmen ber Bolkcom asked about spot zoning. r Mr. Hick said there would be different opinions about what was and was not spot zoning, so what they relied on was the standard practices of the City and what the City had done historically in making determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5. 2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75`h Avenue. He would like to rezone the properties located at 351 —74`h Avenue, 361 —74`h Avenue, 371 — 74`h Avenue, 389—74`h Avenue, 415 —75`h Avenue, 7400 Lyric Lane, 350 — 75`h Avenue, 460 — 75`h Avenue, 450 — 75`h Avenue and 476 — 75`h Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74`h Avenue, 75`h Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 council/commission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 16 Councilmember Billings asked about Outlot #1 near 460 — 75th Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75th Avenue would have to be listed as an exception. Councilmember Billings said 460—75th Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRID EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING REQUEST, ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2). MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made s that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was i high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around s neighborhood with a petition to ask the State to put a semaphore in so they could get out of thei neighborhood. The State said it did not meet the criteria but that they would pay for part of it. the State paid for 50%, the County 25% and the residents on either side of 691h Avenue paid the other 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an ice arena in that area. The traffic for the arena went right by his intersection and it became harder a d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres\of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball gimes during the `49er Days d. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 18 tournament and the same n ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta ed a school. They also decided that they wanted a gymnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along he street. Northco Industrial Park also used the service road. The U.S. post office warehouse w s there and trucks go out in the morning and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone call on this particular project from someone who lived in He her Hills. This person did not realize the problems the builder had when building the homes in th t area because some of the neighbors did not want them there. He said "not in my backyard" 'd not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in s one. It was used though. Another area that was redeveloped was the area of Totino High Schoo * It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns id change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p o.ect. Was it the best thing that could go in there? He could not answer that. We do know that if it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that property. He listened to hat people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative government, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s id he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on 01 Central. They needed to work with the County and County Commissioner Jim Kordiak to see i here was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo unity to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pr\ess. Some significant changes were made to the project as a result. People were heard. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individu sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a buildi permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out 'ning the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work w th City staff and the neighbors to come up with a screening plan to provide adequate screeni consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEMB R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEM R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, AYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCILMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILM MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES)(WARD MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75th Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of before the phrase "Block 1, Melody Manor Addition." Add and" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL ND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 26, 2004 CITY OF FRIDLEY Date: January 22, 2004 To: William Burns, City Manager,��1� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of a Rezoning Request, ZOA#03-04, RAS Properties M-04-12 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74th Avenue, 371 74th Avenue, 38974 th Avenue, 415171?'Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75th Avenue, 45075 th Avenue and 476 75th Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and since the 1� reading at the City Council on January 5, 2004, has received signatures and approvals from all of them. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PAST COUNCIL ACTION At the January 5, 2004, City Council meeting, a public hearing was held for ZOA#03-04 and the first reading was approved for ZOA#03-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA#03-04. 1 THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the second reading of an ordinance for the approval of the rezoning ZOA#03-04. 2 ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east % of the northwest '/4 of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75th Avenue NE & southerly extension of west line of Block 1 Osborne Manor, thence south along said extended 161.33 ft, thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north along said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF JANUARY, 2004. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 5, 2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26 2004 PAGE 3 APPROVAL OF PROSED CONSENT AGENDA: APPROVAL OFINUTES: City Co ncil Meeting of December 8, 2003 City, ouncil Meeting of December 15, 2003 APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA#03-04, BY RAS PROPERTIES) (WARD 1). Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74th and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eliminating spot zoning, the rezoning of church property from R-1 to R-3. The rezoning corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUA Y 7 2004. RECEIVED. F`. 3. SPECIAL USE P IT RE VEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. T ALLOW LIMITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONIN6 DISTRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 3). Dr. William Burns, City Mand er, said the permit would allow outdoor storage at 7805 Beech Street. Petitioners wishe to maintain existing enclosed storage of construction equipment behind their building. S1 ce the storage met all nine requirements of the City Code, staff recommended Council's ap oval with two stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARX 26, 2004 PAGE 4 APPROVED SPECIAL USE PERMIT REQUEST, �P #03-22, BY PROFORM THERMAL SYSTEMS, INC., WITH THE FOLLOWING TWO STIPULATIONS: 1. ANY EXISTING OUTDOOR STORAGE ON THE SITE SHALL BE REMOVED OR PROPERTY STORE IN THE SCREENED STORAGE AREA BY MARCH 11) 2004; AND 2. NO OUTDOOR STORAGE OTHER THAN THE STORAGE OF ITEMS USED FOR THIS BUSINESS. 4. SPECIAL USE PERMIT RE UEST SP #03-2 ` BY MALTON E UIPMENT COMPANY TO ALLOW LIMITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING DISTRICT GENE LLY LOCATED AT 7580 COMMERCE LANE N.E. (WARD 3). Dr. William Burns, City Manager, said the permit would allow outdoor storage at 7580 Commerce Lane. Petitioner wished to store pallets, fiberglass tooling, a metal recycling bin and miscellaneous materials in the rear yard of the property. Since the storage met all nine requirements of the City Code, staff recommended Council's approval with two stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-23, BY MALTON EQUIPMENT COMPANY, WITH THE FOLLOWING STIPULATIONS: 1. EXISTING GATE TO HAVE SLATS INSTALLED IN ORDER TO COMPLY WITH CODE REQUIREMENTS BY AUGUST 1, 2004; AND 2. NO OUTDOOR STORAGE OTHER THAN THE STO , GE OF ITEMS USED FOR THIS BUSINESS. 5. SPECIAL USE PERMIT REQUEST, SP #03-25, BY AGRO-K CORPORATION, TO ALLOW LIMITED OUTDOOR STORAgE IN A HEAVY INDUSTRIAL ZONING DISTRICT, GENERALLY LOCATED AT 8030 MAIN STREET N.E. (WARD 3). Dr. William Burns, City Manager, said the;'permit would allow outdoor storage at 8030 Main Street. It would allow outdoor storagf of 55 gallon drums in a 30' x 50' area by the loading dock. Since the storage met all nine requirements of the City Code, staff recommended Council's approval with twostipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-25, BY AGRO-K CORPORATION, WITH THE FOLLOWING STIPULATIONS: 1. SCREENING GATE TO BE CLOSED TO ALLOW PROPER SCREENING OR PETITIONER TO PROVIDE AN ADDITIONAL SCREENING FENCE IN FRONT OF THE BARRELS TO SCREEN THEM FROM THE PUBLIC RIGHT-OF-WAY; 2. NO OUTDOOR STORAGE OTHER THAN THE STORAGE OF ITEMS USED FOR THIS BUSINESS. 6. RESOLUTION NO. 2004-05 SUPPO TING RECYCLING OPTIONS FOR CRTs. Dr. William Burns, City Manager, 'd the regional Solid Waste Coordinating Board (composed of two County Commis oners from six of the seven metropolitan counties) HY F C O FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(763)571-3450• FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE January 29, 2004 Rolland Stinksi RAS Properties 3647 McKinley Street Minneapolis MN 55418 DC7 Dear Mr. Stinski: On Monday, January 26, 04, the Fridley City Council officially approved your request for a rezoning, ZOA# rdinance #1182, to rezone multiple properties from R-2-Two Family Unit Zoning to R-3-General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74th Avenue, 75th Avenue, & Lyric Lane. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerely, Scott Hickok, AICP Community Development Director SH/jt cc: William A. Shaw, Jr. & Marsha E. Shaw Lynn D. Hansen & Christine L. Hansen Paul S. & Lisa A. Mernaugh Thomas M. Zappia Scott E. &Virgina A. Manning Rudolph C. Bayer Grace Lutheran Church Address File Stacy Stromberg Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by February 17, 2004. Concur with action taken. C-04-16 ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated,and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition; and, That part of the east '/Z of the northwest %of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75th Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 2e DAY OF JANUARY, 2004. SCOTT J. LUND—MAYOR ATTEST: L_ DEBRA A. SKOGEN—CI&CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA #03-04. n � City of Ffidley (Official Publication) ORDINANCE NO.1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1.Appendix D of the Fridley City Code is amended hereinafter as indicated,and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2.The tract or area within the County of Anoka and the City of Fridley and described as: That part of the east 1/2 of the northwest 1/4 of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75th Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extension 161.33 ft,thence east parallel with said right-of-way line 270 ft. +or-to Southerly extension of east line of said Block 1,thence north along said southerly extension to.said south right-of-way line,thence west along said south right-of-way line to point of beginning,subject to easement of record. Is hereby designated to be in the Zoned District R-3(General Multiple Units). SECTION 3.That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1(Single Family),and R-2 (Two Family Units)to R-3(General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF JANUARY 2004. SCOTT J.LUND, MAYOR ATTEST: DEBRA A.SKOGEN, CITY CLERK Public Hearing:January 5,2004 First Reading:January 5,2004 Second Reading:January 26,2004 Publication: February 5,2004 (February 5,2004) F-2 ORD1183