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PLA 06/13/2007 c . CITY OF FRIDLEY AGENDA APPEALS COMMISSION MEETING - WEDNESDAY, JUNE 13, 2007, 7:30 P.M. LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVAL OF MINUTES: September 27, 2006 1. PUBLIC HEARING: VARIANCE REQUEST VAR#07-02, BY GLEN HARSTAD. Consideration of a variance to reduce the side yard setback from 15 feet to 5 feet along the southern property line and to reduce the setback for all parking and hard surface areas from 20 feet to 10 feet to allow a building addition, generally located at 7320 University Avenue. 2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS: 3. OTHER BUSINESS: ADJOURNMENT: City of Fridley Land Use Application VAR #07-02 June 13, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Glen Harstad Mr. Harstad is seeking a variance to expand the 14152 Terrace Road existing building side yard setback on the south side Ham Lake MN 55304 of the property from 15 ft. to 5 ft. He is also Requested Action: requesting a variance to reduce the hard surface Variance to reduce the side yard setback. setback on the west side of the property from 20 ft. Variance to reduce the hard surface and to 10 ft. to expand a drive aisle. Both of these parking setback from any street right-of-way. variances are being requested to allow the Existing Zoning: construction of an addition to the existing self C-2 (General Business) service carwash building. Location: SUMMARY OF HARDSHIP 7320 University Avenue "With the rise of automatic car washes and the fast Size: pace of today's society, I have found that in order to 21,311 sq. ft. .49 acres keep this car wash open, better service my Existing Land Use: customers and to keep up with the times, I must The Carwash Company expand and modernize. In order to do this, variances are needed: Surrounding Land Use &Zoning: 1. 5 ft. side yard setback on the south side of N: Office Buiiding & C-3 the building. This is a pre-existing condition created E: University Avenue & ROW when the lot was split." S: Anderson Carpet& C-2 2. Hard surface setback reduction to 10 ft. An W: Office Building & C-3 additional 26 ft. is needed for the expansion of the Comprehensive Plan Conformance: building in order to operate efficiently. We feel a Consistent with Plan bypass lane should be kept around the building for Zoning Ordinance Conformance: emergency vehicles and for vehicles to safely Section 205.14.3.C.(2) requires a side yard maneuver into and around the building and parking setback of fifteen (15)feet. lot." Section 205.14.5.D.(5).((a)) requires a - Glen Harstad setback of twenty (20)feet from any street SUMMARY OF ANALYSIS right-of-way for parking and hard surface City Staff recommends approval of the variance to area. reduce the side yard setback as the request is Zoning History: expanding an existing setback that received 1965—Lot platted. variance approval in the past and was a result of an 1970—Carwash constructed and SUP approved lot split. granted to allow the use. City staff has no recommendation of the variance to 1977— Lot split and variance for side yard reduce the parking and hard surface setback setback approved. requirement as it is within previously granted Legal Description of Property: dimensions. Lot 1, Block 3, Commerce Park. Similar variances granted: Public Utilities: VAR#05-14 6875 University Avenue Building is connected. (Church in a residential zoning district) Transportation: Parking and hard surface setback reduced University Avenue Service Road provides from 20 ft. to 5 ft. access to the property. VAR#04-12 5277 Central Avenue Physical Characteristics: (Applebee's—commercial zoning district) y Parking and hard surface setback reduced Lot consists of the carwash building, hard from 20 ft. to 8.5 ft. surface drive areas and some green space. CITY COUNCIL ACTION/60 DAY DATE City Council — November 7, 2005 60 Day—November 21, 2005 Staff Report Prepared by: Stacy Stromberg VAR #07-02 REQUEST Mr. Harstad is seeking a variance to reduce an existing building side yard setback along the southern property line from 15 ft. to 5 ft. He is also requesting a variance to reduce the hard surface setback requirement on the west side of the property from 20 ft. to 10 ft. to expand a drive aisle around the proposed addition to the building. Both of these variances are being requested to allow the construction of an addition to the existing self service carwash building. The petitioner is proposing to construct a 26 ft. by 74 ft. (1,924 sq. ft.) addition to the west of the existing 2,100 square foot carwash. The addition will allow 4 additional self-service wash bays. The petitioner also plans to enlarge the overhead doors on the existing building to allow for larger vehicles to utilize the carwash and he plans to remodel and update the exterior of the building. The petitioner is also seeking a special use permit to allow the expansion of the existing carwash. That request will go before the Planning Commission at their June 6, 2007 meeting. SUMMARY OF HARDSHIP "With the rise of automatic car washes and the fast pace of today's society, I have found that in order to keep this car wash open, better service my customers and to keep up with the times, I must expand and modernize. In order to do this, variances are needed: 1. 5 ft. side yard setback on the south side of the building. This is a pre-existing condition created when the lot was split." 2. Hard surface setback reduction to 10 ft. An additional 26 ft. is needed for the expansion of the building in order to operate efficiently. We feel a bypass lane should be kept around the building for emergency vehicles and for vehicles to safely maneuver into and around the building and parking lot." - also see attached written hardship statement - Glen Harstad HISTORY The subject property is located on University Avenue, just north of 73 d Avenue and is zoned C- 2, General Business. The t property was originally platted in 1965 as one lot that also encompassed the lot south ' (7300 University Avenue) of the subject property. In 1970 the so NJ+ property was developed and a special use permit was granted , to allow the construction of the existing self-service carwash and for an additional carwash and gas sales on the 7300 University Avenue property to the south. In 1977, a lot split was granted to separate the 7300 and 7320 University Avenue. At that time a variance was also granted to recognize a 5 ft. side yard setback for the existing carwash building. Since that time the property has continued to exist as a self-service carwash. M 4, AJ^ 7320_ J �: rr tt � 7300 t: t �:i.. .fit_ _. ilr��s.�. ► i Aerial of Property— Subject property outlined CODE REQUIREMENTS City Code requires a side yard setback of 15 ft. in the C-2, General Business zoning district. When the subject property was split from 7300 University Avenue in 1977, a variance was granted to recognize the location of the existing carwash, which is 5 feet from the southern property line. Since, the petitioner is proposing to add an additional 26 ft. of building at the 5 ft. setback, a variance is required. City Code also requires a 20 ft. setback for all parking and hard surface areas from any public right-of-way. As stated above, the petitioner has also applied for a variance to reduce the hard surface setback requirement from 20 ft. to 10 ft. The petitioner is seeking this variance to make the new carwash bays more accessible and to provide a drive aisle around the carwash building for emergency vehicle access and for the safety of other vehicles who will be maneuvering around the site. The petitioner has also applied for a variance from Mn Rules Chapter 1306, which the City has adopted, that requires buildings over 2,000 square feet to be sprinkled. The City's Fire Marshall, Ralph Messer has responded to that request in an attached memo. The proposed addition meets all other setback and lot coverage requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of the variance to reduce the side yard setback as the request is expanding an existing setback that received variance approval in the past and was a result on an approved lot split. City staff has no recommendation of the variance to reduce the parking and hard surface setback requirement as it is within previously granted dimensions. Similar variances granted: • VAR#05-14 6875 University Avenue (Church in a residential zoning district) Parking and hard surface setback reduced from 20 ft. to 5 ft. • VAR#04-12 5277 Central Avenue (Applebee's —commercial zoning district) Parking and hard surface setback reduced from 20 ft. to 8.5 ft. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. The petitioner shall submit a drainage plan and receive City engineering staff approval prior to issuance.of a building permit. 4. The petitioner shall provide an easement from property owner to the south if the dumpster enclosure is to remain at the property line; instead of the required 3 ft. setback. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. CITY f1F FIII?IaT' . ;FIRE:�EPTMEN�' .. FIVE 1VIARSIL'S UFFICE' " . DEP TME1vT OF FIRE P1 TION To: Stacy Stromberg From: Ralph Messer Subject: 7320 University Avenue, N.E. Date: June 4, 2007 As you know, the City of Fridley has adopted Minnesota Rules Chapter 1306 as the City's fire sprinkler ordinance. Original adoption occurred in September, 2001 and again in 2003 with the State's adoption of the International Building Code. For the record, Mr. Harstad's existing building on this site does not have a fire sprinkler suppression system. Minnesota Rules Chapter 1306 contains parameters to assist the Building Official and myself in determining whether or not a fire sprinkler system is required for new occupancies and additions constructed or significantly remodeled in the City. In the case of an addition to an existing building, the owner may be required by code provision to equip the entire building with a fire sprinkler system during proposed construction. Mr. Harstad's proposal for an addition to his existing building meets applicable code requirements contained in Chapter 1306 requiring installation of a fire sprinkler system. Mr. Harstad's project does not meet any of the provisions for exemption or waiver as expressed in Chapter 1306.0060. Therefore, staff recommends denial of that portion of his variance request. Thank you. cc Ron Julkowski, Chief Building Official FROM :STONE CONSTRUCTION INC FAX NO. :7637849707 May. 10 2007 12:53PM Pi May 10,2007 City of Fridley 6431 University Ave NF Fridley,MN 55432 763-572-3594 Attn: Scott Hickok Community Development Director hiokoks a ci.fTidlay.mr..us Re: Variance lRequeat fer car wash locatted at 7320 University Ave in Fridley,MN. I am writing to you to request a variance for the car wash as described above. T have owned and operated this car wash business in Frid.oy for 25 years. With the rise of automatio car washes and ire fast pace of today's society,I have found that in orcler to keep this car wash open,better service my customers,and to keep up with the times,I must expand aad modernize. This would include enlarging•Ite overhead doors for larger vehicles,making the exterior more presentable by giving it a face lift,and afforing more stalls so the customers won't iaave to wait,become frustsuted,and leave. In order to do this,(3)varianors arc:needed.: I. A 5-foot building:tet back on the Eouth side of the property. Ttsis is a pre-existing condition that was created when this,lot was split:for the building and parking lot.In order to add on to i:hc building and to keep the south stall in operation,we need to remove the existing pavement.which is at this time at 5' from the property line,and replace it with building. 2. A. 10-foot drive lane set back at north service drive. An additional 26' is needed for the expansion of this building in order to operate officiewly. We feel a bypass lane should be kept aros.nid the building for emergency vehicles and for vehicles to safely maneuver into and around the building and parkins lot. 3. No tare protection sysuem. Based(in our finding at unmanned car washes at this location and others,we feel there would he many false alarms due to vandalism,corrosion,vehicles hitting the system,etc. In the 26 years I have owned this car wash and(3)others,two of which arc not sprinkled.there has never been a#ire. (1)Car wash is sprinkled,however,the system is corroding, has been hit by vehicles,and vandalized. This has been a major inconvenience for me and the fire department for many •cars. I ask that you take into consideration the hardships at stated above, i'lease contact me if you have any questions or concerns. 'Thank you fpr your time and attention to this matter. Sincarel t arstad The Car Wash Company (11I/sia M:1PF,NDiNG PROPOSALS1ear wash f 3 fridicy.doc CERTIFICATE OF SURVEY -for Stone Construction -of-Fridley Car Wash aJ � d I I I I I r r r r r NORTH GR"MC SCALE r i i i (m rimer) i �• ,sP d� Z � 2 Q I, I I, i Z i W Z r r 1n i r Air I r r i r r j r j r ,Naw r 1 r I r r +� C+asxa,dBp.a i I r I i I I i I r r .•N, I I 1 I I I 1 I i I i PROPERTY DESCRIPTION That part of Loc t,wood A oouuElece PARK Anedo coantx looa.ota ly6yuw0r or u.ai a..e.e� NOTESD�wn° t Ba mat nwtN.fy aom.er.ew tit,:tN.a..autN.H a a 8 u..e.t n..ase.ale tat 100 an ao.n.d b.wbq swu o dwa...,a mda st FNNd away was eamplstsd by EG Rue aM Sma 614 se w/zp/b7. do Ea.t mats root m a.Pert el b.glnnY�g Mense xarM es dgiraa.3S I - liewinge she.n are an an oswwnN datum. t.rminoldp...e t rl..l to—.oft reco of.ab Let,and.oM Nn.Mara - Ca shots aro f.den of Ila lap and both - ThIN o—Y.o.Pr#P~without M.bsn.m o/UB.wan. 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Z � § gE/ � n -/\ a HIT n iV/§ o i J■■ ` Ate, > STATE TRUNK HIGHWAY N& q (UNIVERSITY AVENUE) � . § _ . . � ) ( . ■ Proposed Adaton Fo | | § ■|| THE CA■WASH COMPANY n l 7 / li e § § Friday, Minnesota �,| § � � 4 r■. MyC i t�E Y as � � o L_ -- -- -- STATE TRUNK HIGHWAY N0. 47 (UNIVERSITY AVENUE) � lIla' m z IIIIIII t �a ill 8Ii it I i $>i r = fit Proposed Addition For � �$ 1 19 THE CARWASH COMPANY Y Fridey, Minnesota 33 Q-;6< a .s G yy s g4 y &gg Y4 a q ism lit j 1 [pillProposed Addition For "Ali 1 A� THE CARWASH COMPANY3 Fridley, Mimesota CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE PLICATION FOR: Residential Commercial/Industrial Signs PROPERTY INFORMATION: (certific a of survey required for submittal, see attached) Address: ,r . Property Identification Number: 3 O Legal Description: Lot Block Tract/Addition C C2 Aln c /� eo �e t7 Current Zoning: Square Footage/acres e: a Reason for Variance: s �� ' le-- Af o. zr Li d c i�r5rri L Have you operated a business in a city which required a business license? Yes No If Yes, which City? 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 pur hasers: F e o�er must sign this form prior to processing.) NAME: i ADDRESS: c ✓� c 4,7,r 07 ZS" DAYTIME PHONE: SIGNATURE/DATE: 7 3-�/-o 7 -S1- ,Y10 -7 PETITIONER INFORMAT N NAME: ADDRESS: e t DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: FEES Fee: $1,400.00 for commercial, industrial, or signs: Fee: $250.00 for residential properties: Receipt#: _LL1,c5117 _ Received By: Application Number: 1/1 - (4-palIF Scheduled Appeals Commission ate: Scheduled City Council Date: -� 10 Day Application Complete Notification Da e: .5- 60 Day Date: - �' CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: All property owners/residents within 350 feet of property generally located at 7320 University Avenue. CASE NUMBER: Variance, VAR#07-02 APPLICANT: Glen Harstad Petitioner or representative must attend the Appeals Commission meeting.) PURPOSE: Petitioner is requesting a variance to reduce the side yard setback from 15 feet to 5 feet along the southern property line and to reduce the setback for all parking and hard surface areas from 20 feet to 10 feet to allow a building addition. LOCATION OF 7320 University Avenue PROPERTYAND LEGAL DESCRIPTION: Lot 1, Block 3, Commerce Park, Anoka County, Minnesota DATE AND TIME OF Appeals Commission Meeting: HEARING: Wednesday, June 13, 2007, at 7:30 p.m. The Appeals Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 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 Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridldy, 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 June 6, 2007. The TDD # is 763-572-3534. ANY QUESTIONS. Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting date for this item will be on COUNCIL MEETING Monday, June 25, 2007. *This date is subject to change depending on the outcome of the Appeals Commission meeting. Please confirm City Council date prior to attending City Council meeting. (Please note residential variances, if approved by Appeals Commission do not go on to City Council only if they are denied. Commercial variances do go on to City Council weather they are approved or denied by the Appeals Commission. Mailed: June 1, 2007 CITY OF COMMUNITY DEVELOPMENT. DEPARTMENT FRIDLEY PUBLIC HEARING NOTICE 1 7501 7502 7501 7502 7500 750175TH AVE F-- 7500 U) 350 I 460 46C 7440 > g?=0 z 7420 7421 ------ W 351 or)co 1--0) 389 41! 7400 74TH AVE 7398 1 > o7398 / 7399 to 391 736288 7385 1> 7341 73, 38, Z % 81 7362 -j W 7371- ;370 cf) 7373 Q -7' 7362 7361 73r02 7361-1- 7360 W 7321 1-615b /ZC7,1' 735—j -;,� 7350 73307351 0 7348 7341 7340 li 7337 1, 7336 c0i i 7321 7330 7331 7330 7325 7324 1 1 7321 i 7320 -41 L 1 7315 7311 73 7312 10 1 7301 7302 7301 7300 7301 399 i 7300 73RD AVE 7260 7295 7280 SOURCES Fridley Engineering Fridley GIS Anoka County GIS Variance Request#07-02_ w E Petitioner: Glen Harstad Map Date: May 23,2007 7320 University Avenue 5 CURRENT RESIDENT CAVE&ASSOCIATES LTD CAVE&ASSOCIATES LTD 7362 UNIVERSITY AVE NE 2489 RICE ST#40 2489 RICE ST#40 ' FRIDLEY, MN 55432 ROSEVILLE, MN 55113 ROSEVILLE, MN 55113 CURRENT RESIDENT CAVE&ASSOCIATES LTD CURRENT RESIDENT 7362 UNIVERSITY AVE NE 2489 RICE ST#40 7362 UNIVERSITY AVE NE FRIDLEY, MN 55432 ROSEVILLE, MN 55113 FRIDLEY, MN 55432 3D ASSOCIATES LMTD PRTNSHP I CURRENT RESIDENT 3D ASSOCIATES LMTD PRTNSHP 1 7300 COMMERCE LANE 7330 UNIVERSITY AVE NE 7300 COMMERCE LANE MPLS, MN 55432 FRIDLEY, MN 55432 MPLS, MN 55432 CURRENT RESIDENT CURRENT RESIDENT 3D ASSOCIATES LMTD PRTNSHP 1 7330 UNIVERSITY AVE NE 7302 UNIVERSITY AVE NE 7300 COMMERCE LANE FRIDLEY, MN 55432 FRIDLEY, MN 55432 MPLS, MN 55432 3D ASSOCIATES LMTD PRTNSHP I CURRENT RESIDENT 3D ASSOCIATES LMTD PRTNSHP 1 7300 COMMERCE LANE 7301 COMMERCE LN NE 7300 COMMERCE LANE MPLS, MN 55432 FRIDLEY, MN 55432 MPLS, MN 55432 CURRENT RESIDENT 3D ASSOCIATES LMTD PRTNSHP I CURRENT RESIDENT 7321 COMMERCE LN NE 7300 COMMERCE LANE 7321 COMMERCE LN NE FRIDLEY, MN 55432 MPLS, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT HARSTAD GLEN &KIRSTEN BLUE WATER PROPERTIES LLC 7320 UNIVERSITY AVE NE 14152 TERRACE RD NE 3563 168TH LN NW FRIDLEY, MN 55432 HAM LAKE, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT HESS CRAIG &AMY KNAEBLE ROBERT L&MARLENE S 7300 UNIVERSITY AVE NE 7301 UNIVERSITY AVE NE 7313 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT PETSCHEL STEVEN R HARMSEN MICHAEL W 7315 UNIVERSITY AVE NE 7325 UNIVERSITY AVE NE 7337 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT OKERSTROM THOMAS S &SUSAN J FAY DANIEL 7351 UNIVERSITY AVE NE 770 TONKAWA RD PO BOX 32093 FRIDLEY, MN 55432 ORONO, MN 55356 FRIDLEY, MN 55432 l CURRENT RESIDENT TOHEY JOSEPH CURRENT RESIDENT 7361 UNIVERSITY AVE NE 544 SUMMIT ST NE 7373 UNIVERSITY AVE NE FRIDLEY, MN 55432 COLUMBIA HEIGHTS, MN 55421 FRIDLEY, MN 55432 NORTH OAKS AMOCO INC CURRENT RESIDENT LEVITAN LIMITED PARTNERSHIP DBA UNIVERSITY MARKET, 4061 HIGHWAMS UNIVERSITY AVE NE 2051 LONG LAKE RD WHITE BEAR LAKE, MN 55110 FRIDLEY, MN 55432 NEW BRIGHTON, MN 55112 CURRENT RESIDENT CURRENT RESIDENT TRUSTEE GROUP REALTY PRTNRS 7260 UNIVERSITY AVE NE 7280 COMMERCE CIR NE 3610 COUNTY RD 101 FRIDLEY, MN 55432 FRIDLEY, MN 55432 WAYZATA, MN 55391 raaw CCIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •.6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTDITTY(763)572-3534 May 18, 2007 Glen Harstad 14152 Terrace Rd Ham Lake MN 55304 Dear Mr. Harstad: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your applications for a special use permit on May 4, 2007 and a variance on May 11, 2007. This letter serves to inform you that your applications are complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on June 6, 2007 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. Your Variance application hearing and discussion will take place at the City of Fridley Appeals Commission meeting on June 13, 2007 at 7:30 P.M. The City of Fridley City Council will take final action on your special use permit and variance on June 25, 2007 at 7:30 P.M. Please plan to be in attendance at all three of the above referenced meetings. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. }cS incerely, 7i ?r Stacy Str I berg City Plann r C-07-24