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07/24/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, JULY 24, 1991 7:30 P.K. Public Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, JULY 24, 1991 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: July 10, 1991 PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #91-01, BY MARK KVALHEIM OF BAILEY ENTERPRISES, INC. : To rezone from R-3 , General Multiple Dwelling to C-2, General Business, on Lot 17, Block 5, and the South 7. 3 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, lying east of the following described line: Beginning at a point in the south line of said Lot 17 distant 76.61 feet west of the southeast corner of said Lot 17; thence north to a point in the north line of said South 7. 3 feet of Lot 16, said point being 75.86 feet west of the east line of said Lot 16 and thereby terminating. Together with a nonexclusive driveway easement over the North 10 feet of the South 17. 63 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, generally located at 203 - 205 Mississippi Street N.E. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUNE 27 , 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 9, 1991 OTHER��T} BUSINESS: ADTl.n • u u.• CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 10, 1991 CALL TO ORDER: Chairperson Betzold called the July 10, 1991, Planning Commission meeting to order at 7: 30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, Brad Sielaff, Sue Sherek, Connie Modig Members Absent: Dean Saba, Diane Savage Others Present: Michele McPherson, Planning Assistant Lewis Farr, 157 River Edge Way N.E. , Fridley, MN 55432 APPROVAL OF JUNE 26, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the June 26, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91- 08, BY LEWIS AND VELMA FARR: Per Section 205. 07. 01.C. (1) of the Fridley City Code, to allow a third accessory building, over 240 square feet, on Lot 10, Block 1, River Edge Addition, generally located at 157 River Edge Way N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the Public Hearing notice and to open the public hearing at 7: 33 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the subject parcel is located at the end of the cul-de-sac on River Edge Way. Adjacent to the property is a City park to the west. The parcel is zoned R-1, Single Family Dwelling, as are the surrounding parcels. The petitioner is proposing to construct a two-car garage on the property which exceeds 240 square feet. The garage is proposed to be constructed in the northeast corner of the property. PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 2 Ms. McPherson stated the petitioner has also applied for a variance to increase the maximum square footage of all accessory building from 1,400 square feet to 1,832 square feet. This will include the existing attached single car garage, the workshop area which was granted a special use permit in 1984, and the proposed two-car garage. The Appeals Commission did vote to recommend approval of the variance request to the City Council. Ms. McPherson stated the petitioner is proposing to construct the second garage to provide storage space for an antique car and other vehicles the petitioner is currently not using. While the third accessory building does not adversely impact either the lot coverage or sight lines for other property owners, it does not meet code requirements because it does exceed the 1,400 square foot maximum set for accessory buildings. The petitioner currently does have reasonable use of the property, and denial would not constitute a taking. Ms. McPherson stated that the Appeals Commission, in its recommendation to the City Council, stated that granting the variance would not adversely impact surrounding properties as the lot is large enough to accommodate all structures including the proposed accessory use. If the Planning Commission concurs with the Appeals Commission reasoning, then approval of the special use permit would be in order. Ms. McPherson stated that staff recommends denial of the special use permit for a third accessory building over 240 square feet as it does increase the maximum square footage of all accessory structures and the petitioner does have reasonable use of the property. If the Planning Commission wishes to concur with the Appeals Commission and recommend approval of the special use permit, staff suggests one stipulation: 1. Variance request, VAR #91-18, shall be approved. Mr. Betzold asked if the City had received any calls or complaints. Ms. McPherson stated she had spoken with the property owner to the northwest. He stated he does not object to the third accessory building where it is located, but he is concerned that the building not be placed in the open area of Mr. Farr's lot because that is the view from his front yard. This neighbor is not present at the meeting this evening. Mr. Betzold asked if Mr. Farr were to expand his present garage to build a two car garage, is there sufficient room and where would the lot line be? PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 3 Ms. McPherson stated there are several issues that prevent the petitioner from expanding his existing garage. One is that there is a walkway easement that has been dedicated to the City which allows the public access to the park property which is to the west of the property. The other issue that prevents expansion of the existing garage is the way the house is designed. The existing slope of the roof is at such a steep angle that, by the time the existing garage would be expanded to the south, the side of the garage door would 4-5 feet in height because of the addition to the existing roof line. He would have to complete a major redesign of the roof in order to expand to the south. Mr. Betzold asked if Mr. Farr had room on the other side of the lot. Ms. McPherson stated he does, but there is a conflict with another walkway easement. He has proposed to construct the accessory building out about 10 feet from the center line of the walkway or about 7.5 feet from the property line. Mr. Betzold asked if the petitioner was to build a two-car garage by expanding the one-car garage, would it be possible for the City to vacate the current easement but have another easement on a different portion of the property? Ms. McPherson stated it is possible for the city to explore that option. An easement may all be on his property but may also encompass some of the property to the north. Mr. Betzold stated he did not know the area, but this could be an option. If the petitioner was to build in the area where he proposes to build an accessory building, is there room only for a single car garage as opposed to a double car garage? Ms. McPherson stated the petitioner is proposing a two-car garage which is detached. Mr. Sielaff asked if the petitioner can locate the structure anywhere he chooses and if he needs a special use permit only because of the square footage. Ms. McPherson stated that once the special use permit is granted, he can potentially locate the garage anywhere on the property. The petitioner has chosen this location for the ease of building. There is a topography change in the rear area of the lot. He probably does not want to locate the structure further back due to the expense of a hard surface driveway. If the Commission wants to stipulate that the location be within a certain number of feet as shown on the plan, the Commission can do so. The petitioner usually builds within the location proposed. PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 4 Mr. Betzold asked if the petitioner was to remove the existing one- car garage or convert it into living space, would he have as a matter of right to build this two car garage or would the petitioner still need permission to do so? Ms. McPherson stated the petitioner already has one accessory building. If the single car garage did not exist, he would still need to come for a second accessory building over 240 square feet. He would probably also need a variance, because he would probably still have more than 1,400 square feet. Ms. Modig asked how much the petitioner was over the allotted square footage. Ms. McPherson stated 432 square feet. Mr. Farr stated he bought the property in 1970. The attached garage is 16 X 24 feet and he needed a variance for that because of the walkway. The garage is shifted forward because of the easement. He would like to build there and would like to have a two-car garage but cannot because of the steep pitch of the roof. He has three vehicles and would like to have them in a garage. He has a fine piece of property and also is looking at the resale value. He probably will never realize the value of the garage in resale. He spoke with the neighbor to the north who was concerned about the area near the workshop. The property currently has three easements. Ms. Modig asked the petitioner if the structure would be used only for a garage. Mr. Farr stated, yes. He has three vehicles which are currently parked outside. He wants to keep the property neat. Mr. Betzold stated he has concerns about this request. If the petitioner is going to continue to add on, the way the property is developing he did not know if the value would increase. He thought the property with the additions was detracting to the property. Mr. Farr stated that without looking at the property he did not think this was a fair evaluation. Mr. Betzold stated he has seen the property and is aware of the area, but he still has concerns. The City has a Code and most of the residents of the City abide by it. He was not sure this is what he wanted to see. Mr. Sielaff asked if the landowner to the east had made any comments. PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 5 Ms. McPherson stated, no, only the landowner to the north has contacted the City. Mr. Farr stated that this is a very large lot, almost twice the size of the other lots. He could build out in the back but he would need a very long driveway, and he would still need a variance. Mr. Kondrick asked the petitioner that, if the Commission made a stipulation that the new garage be placed within two or three feet of the location shown on the drawing, would he have any objection? Mr. Farr stated, no. Ms. Sherek asked if it is possible to stipulate that there be no further petitions for additional accessory structures on this property. Ms. McPherson stated she did not think the Commission can restrict a property owner's right from applying. The discussion in the minutes should express the concerns regarding additional special use permits or variances for this property. Ms. Sherek stated that each request taken individually seems to be a reasonable addition to the property. However, it can get to the point where there are accessory buildings everywhere. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Ms. Modig stated across the street from her property is a gentleman with many antique cars. He has a double attached garage and a variance for another double garage at the back of the property, which is a small lot. She was concerned about it. There were a lot of cars sitting around, but it now looks nice. She has no problem with approving the request. The lot is wooded, and she did not think it would be unsightly. Mr. Kondrick agreed. The lot is large, the house is poorly located, and the petitioner is right that he may not add to the value of the property by building a double garage. However, he is concerned about the neighbor's comments. If the garage is placed where it is, he would not object. Mr. Sielaff agreed, with a stipulation that the petitioner stay within two feet of the area as shown on the drawing for placement of the structure. PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 6 Ms. Sherek stated any one of these accessory uses alone would improve the property. Her reason is not because of the resale value on the property but because of the multiple requests. She would like the minutes to reflect that any additional petitions for additional coverage be scrutinized before anything else is built. Mr. Betzold stated he opposed the request on the grounds that the Code has to have a purpose. At some point an individual can petition too many times and if the City allows them to do it, that penalizes everyone else in the City. There are many people who would love to build right up to the lot line or build more accessory buildings, but the Code says they cannot. He did not see why this particular situation is any different than some of those situations. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-08, by Lewis and Velma Farr, to allow a third accessory building, over 240 square feet, with the following stipulation: 1. Variance Request, VAR #91-18, shall be approved. 2. The structure be located within two feet of the location shown on the plan. UPON A VOICE VOTE, SHEREK, MODIG, SIELAFF, AND KONDRICK VOTING AYE, BETZOLD VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED. Ms. McPherson stated the variance request and special use permit will be heard by the City Council on July 22, 1991. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF JUNE 3 , 1991: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the June 3, 1991, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated one item discussed at the meeting was beer sales at City parks after activities. There is a motion on page 6 to adopt a policy that at all softball tournaments where beer is sold that beer sales cease 30 minutes after the last inning or no later than 12 : 00 midnight. He stated that, apparently, there have been some problems, and he wanted the Commission to be aware of this new policy. Ms. Sherek asked if this policy would be effective immediately. PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 7 Mr. Kondrick stated, yes, it would. 3. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 25. 1991: MOTION by Mr. Kondrick, seconded by Ms. Sherek to receive the June 25, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE JULY 10, 1991, PLANNING COMMISSION MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, 4e-0-X111., Cf2&)Lavonn Cooper or„'. Recording Secretary w STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : July 24, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn REQUEST PERMIT NUMBER ZOA #91-01 APPLICANT Mark Kvalheim PROPOSED REQUEST To rezone from R-3, General Multiple Dwelling to C-2, General Business LOCATION 203 - 205 Mississippi Street N.E. SITE DATA SIZE 6,750 square feet 28% let coverage DENSITY PRESENT ZONING R-3, General Multiple Family Dwelling ADJACENT LAND USES R-2, Two Family Dwelling to the N; C-3, General Shopping & ZONING Center to the E and S; R-3, General Multiple Family UTILITIES Dwelling to the W. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Denial APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION ZOA #91-01 Mark Kvalheim / NI/2 SEC. d CITY OF C) C) NI/4 t NW CORNER I I I..1 SEC./4 -Aga% • „,•J nm.• SC -.•, .1:-.."::. rtt .• ,,,,,,, -f , 69TH AV NE 110 (7, (41 It• t•W fri, eo, co. to 1) „ ,- - ......" a i.91918i71 % 3". 4'' 3 2 n,I., ....V,:„. .•;1. ' r .ibliift.;.age, ' 4''.."••'•;••• -- ..,.... ...."-•r '40 I A CP 3 75 , . - ' '•,..• 0•••.4... 2 159 , amg OMNI' __ , ..? - s, • %'•-•.' . t. 2 69TH AVE., N.v•-• Po c,, -. 9 3Pe . , ---"" 1 • 1114t.11211 1 ci 1 -a) ; '1. •f• 4 ' tn Mr"' 31111111111IF• *2 2 , 4 It 'V:. ",. ••.. I .. 1 ,„„.. c,..1- ..,,... . .., . ..--,......ill 01/0,97: .,,:.; . Lii I ,,..,....., •_.• -_( )4 4,.. .. • ,..,..: I I ril 4) • , •., • 1111. 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The petitioner is attempting to locate a consignment retailer in the building. The proposed tenant will be renting approximately 2, 000 square feet of building area. SITE The subject parcel is located at the northeast corner of the intersection of Mississippi and 2nd Streets. Located on the property is a two story office building which shares a common wall and lot line with the adjacent building addressed 201 Mississippi Street. Adjacent properties are zoned R-2, Two Family Dwelling to the north; C-2, General Shopping Center to the east and south; and additional R-3, General Multiple Family Dwelling to the west. HISTORY The property has been zoned R-3, General Multiple Family since 1958. At that time, a building permit was issued to build the building at 201 Mississippi Street. The City Council approved a special use permit to allow the building to be used as a dental clinic, as required by the 1958 zoning code (see attached 1958 City Council minutes, and 1955 zoning code) . Also, Lot 17 had not been divided. In 1959, a building permit was issued to construct the 203-205 Mississippi Street addition. At that time, a lot split occurred which split Lot 17 into the subject parcel and the remaining parcel. The parcels have been divided as such since that time. Since 1958-59, the uses within the building have been of the office nature, specifically dental- and medical offices. ANALYSIS In analyzing the rezoning request, three criteria need to be evaluated: district use, district intent, and whether or not the parcel meets the district requirements. The proposed use of the consignment retailing is consistent and compatible with the proposed zoning district of C-2, General Business. In addition, the C-2 zoning district would be compatible with the adjacent C-3 zoning district and uses. Staff analyzed the subject parcel, the 201 Mississippi Street parcel, and both parcels as a single unit to determine if any or all of the parcels would meet the minimum requirements of the C-2, General Business and CR-1, General Office District regulations. Staff Report ZOA #91-01, Mark Kvalheim Page 3 The CR-1 regulations were also reviewed as the uses allowed under the special use permit issued in 1958 would fall under this zoning district category. The result of staff's analysis is displayed in Exhibit A. Reviewing Exhibit A, it can be noted that there would need to be several setback and parking variances granted in order to bring the property into conformance with the district requirements for both the CR-1 and C-2 districts. Specifically, the parcels cannot meet the minimum parking requirements; they can only provide from 1/2 to 1/3 of the required parking. Based on the determination that the parcel cannot meet the zoning district requirements, staff recommends the Planning Commission deny the rezoning request. Although the property does not meet the minimum requirements for both the CR-1 and C-2 district regulations, staff recommends that the proposed uses for the subject parcel continue to be regulated by the CR-1 regulations. The City Attorney has determined that in cases of nonconforming zoning patterns such as the subject parcel, allowing the CR-1 district regulations to regulate these types of parcels is appropriate (see memo from Virgil Herrick, City Attorney, dated August 27, 1990) . The Planning Commission should be aware that the owner of the consignment business will be in attendance at the meeting. Both she and the petitioner may request that the Planning Commission and City Council make a determination that the consignment use is similar to the uses in the CR-1 district. Reviewing the permitted uses in the CR-1 district, the proposed use is not similar to a professional office or health care service. Items are sold/traded and the use is commonly located in retail areas and shopping centers. RECOMMENDATION AND STIPULATIONS As the property does not meet the requirements of the C-2 zoning district, staff recommends that the Planning Commission recommend denial of the zoning request to the City Council. Future uses of the subject parcel can continue to be regulated by the CR-1 district requirements. EXHIBIT A COMPARISON OF 201, 203-205 MISSISSIPPI STREET: DO THEY MEET THE CR-1 AND C-2 DISTRICT REQUIREMENTS? CR-1 General C-2, General 201 203-205 Office Business Miss. Miss. Together Lot Area 15, 000 sf 20, 000 sf 5, 670 sf 6,750 sf 12,420 sf Lot Width 75 ft N/A 63 ft 75 ft 90 ft Lot Coverage 40% 40% 18% 28% 23% Setbacks, Building: Front 35 ft 35 ft 35 ft 35 ft Rear 25 ft 25 ft 27 ft 16 ft Side 15 & 35 ft 15 & 35 ft 0 & 23.5 ft 10 & 0 ft Adj . Res. 30 ft 50 ft 27 ft 16 ft Setbacks, Parking: ROW 20 ft 20 ft 0 ft 0 ft 0 ft Side Lot 5 ft 5 ft 0 ft 0 ft 0 ft Rear Lot 5 ft 5 ft N/A 0 ft 0 ft Building 5 ft 5 ft 9 ft 8 ft 8 & 9 ft Parking, Required/ Available 1/150 (retail) 13.5/6 26/10 39.5/16 1/250 (office) 8.1/6 16/10 24.1/16 1/200 (spec. ) 10.1/6 19.3/10 29.4/16 1. Driveway exceeds 32 feet 2 . No striping exists for the parking lot 3 . No handicap parking space designated 4. Minimal landscaping * Items in bold would require a variance ' Mark Kvalheim ZOA #91-01 4- • /��E'� L./ =' . Gmac- . .iii ,=`� ,, _,..-o., \ J f, s:-G ,ems%, 126 ! . - l � ; \L ems.' ; �� ci,� Q '00 ILI I . • A . r. • o a. t\ l \ �`;` a v' I i��' 71 `` y C ` A 'C I X \ ; Ni:,::‘: . ,(,/,_,,..' .. ‘,.., .:‘, r . -'.N: s-* ,,1 1-. .ft 11 `'' EL 11---J ' .-- 1�CI ` I., �GG✓ 1�. v� v t, off, S V i op-. ,.\)(\`;,,i-i �, 0\, 1 3.\ ` . �� gyp. k. ;\so/ • ' tf, 3 — 1 i ';•:: , , _ i 1, " j____ .2 ,_,y 1 3 1 c' ...... , , _ _____L r _ 1 ;error . _ __7_ 7 .. o SITE PLAN 205.16.01. 205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS CR-1 DISTRICT REGULATIONS 1. USES PERMITTED USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance and other similar office uses. (Ref. 888) (2) Health care services including medical, dental, optometrist, chiropractic and counseling clinics. (Ref. 888) B. Accessory Uses. The following are accessory uses in CR-1 Districts: (1) Signs. (2) Off-street parking facilities. (3) Off-street loading facilities. (4) Storage of merchandise, solely intended to be retailed by the principal use. (5) Solar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The following are uses permitted with Special Use Permits in CR-1 Districts: (1) Wind generators and other tower mounted energy devices. (2) Solar energy devices NOT an integral part of the principal structure. (3) Exterior storage of materials and equipment. (4) Day Care Centers. (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. ) Adequate open space shall be provided to satisfy the total number of required parking spaces. 03/91 205.CR1-1 ... 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G.1 0.• a 'E o" fd._" •o L v L G - 7 45E ., 7 u C d.dx ., y Gn 7 3 c .cm E se0u_. ° 7OcyE cq_'v va >, as C' a°i u.rW O L $'o ,� � >,�:12 -- zvo '''c � C7C., ..- E Ucs7ss° P.= QO p 07v•- >'LOL �^'� p 3 al" c 93 c sa dJ n u Z L C Qr L c a! a! p C+ u C 7 u O V d y = C's 7 c p q, c ° O a)w.0 os CA(Y,A rl C�j ea A p 0 0`� 0 � ., be 0'0 00 0 >E > 0 W > X C, a vl �w v:w.... 0 � v,.,.O 0 E w G 0.-4 • 6o0ncitt PVIV -4.-es2, t4c La Grange, Johanson, Nace1, Sheridan, and :•:c;;-e, and the following members voted against the same: None '•:HESEUnC:: SAID RTSC!Ti?ICN VAS DECLARED DULY PASSED A::D Al' K:). Motion by Nagel, seconde- by Sheridan to adept rescl ion. 'Cotten carried unanimously. A presentation wns maie by Mrs. Laurie Johnson Western Bones and Mr. L. I:clme, Douglas Fir Plywood Associa cn, in re.:ard to use of nlywoc.i for exterior walls and th, use of p].ywoc:: ' for h-me development. Mott.cn by Wolke, s= ended by Sboridan, to refer entire Latter to Building Stan. :rds Committee for reccmmenda-icn and re^crt. Motion car ied unanimously. Fo-lowing public hearing, motion b. Nagel, seconded by Welke _authorizing Mayer and City Mena:- to sign and accent final plat of Hitzeman Addition. Mo - en carried unani ••ously. • Fo'!cw'ng d'scussicn, mot' . by '-'clke, seconded by Nael tr emend the draft cf Ordin-, ce .6110 by adding ther-to a now scz- tirn as follows: Section 4. It 1 ; hereby specifically prc"lded that ::•i«- re- .ect to each of the above zoning changes as made here= . no nermit shall be issued by the "Pri1c'n:• Tnsnectcr th'n one (1) year of the change, excert a:'tr•r arnrcval .f the same c:ta=nei by the City Ceune'i. Motion carried unanimously. Moti•. by Wolke, seconded by Nagel to accent seccnd ce= 'n • of 'dirance -6100 amending the zoning ordinance of the C` P.idley rezoning certain lots in Rice Creek Plaza South A i`- t'cn. Meticn carried unan'•-ously. *' 7:CA':J rF A-rE1T S RE-TT.' - July 8, 19c8 Members present: Chm. Shaffer, Plum, Goodrich, Griffiths 1. A request for waiver cf minimum side lot reouirer.'^- • rr the ccnstructicn of an attached carport to within thrre (3) feet cf the side lot line at 6061 - 6th St. L. E. Request by James I.. Seward, owner. Board recerne-:is a :.rc- -?al, ad cir.irg property owner signed letter sta*'nr he h d no c_•iecticn. 2. The request for a variance on the side yard requirenc•:.t from five (5) feet to three (3) feet on Lot t r- eer. r' ' Bloc'- seven (7), Christie Addition for the ccnstruct'rn an attached garage, the address at said location being ^"1 ;•'rnr,- St. N. E. Request by Edgar Thayer, owner. Board recommences a--r•- val, ad1oining property owner signed letter s_etinr ' s. . nc objections. A request for a variance on the side yard regu`remen' 1 five (51 feet to two and one-half (2+) feet for the cc - 1 struc`_icn of an attached garage at ',7781 - West !'core Lake Drive N. E. Reoue-t by Gerard Bibeau, owner. Beard reco-nens ar rc:• ' as detached garage in r-ar yard not feasible because let • to lakeshore. 4. =:a request for special_ use-permit for the operatic.*: of -a dental clinic on Lot seventeen (17) and sc-:tr. 7.1 feet of Iot rirteen (16), Block five (5), Rice Creek Plaza, South 2 1 :; Mddit±on-being the 'got at the Northeast corner of Mississippi Street and -Second Street. -That a time limit be set and R-3 designation be used far this iermit. Request .b3► 'Richard J. ,Treaora, D. D. S., 177 Hartman Circle. -Board V,eco-*ends atproual. .Property adjoins commer- cial vronerty-on -one side, wo'"ld be desirable asset to co-^:unity. 5. A request for waiver of side yard requirement from ten (le) feet to seven and a half (7 -) feet for construction of attached garage and perch cn Lot nine (9), Block five (5), Bonny Addit`or., 5'"_� - 7th Street N. E. Request by Lakeland Builders and Purchasers of nrenerty. Board recomrends approval of re- quest a- abu-ting me-erty will have twenty six (26) feet side yard. .6. A request for ::a'.ver of side yard requirement from ten (1-) feet to eight (8 feet for construction of three (3) bedroom d:::e ling i:ith attached garage and perch cn floor above aara,e cn Pot t• irty (10), Block three (3', Moore Lake Hills. Request by Richard Kirsch, 5317 Jackson Avenue, i.'w Pri ghecr,. Board reco'^nends annroval as a porch on `op of garage does not crnstitute living quarters and requirement i for ra 'age is only five (51 feet side yard. F. N. Shaffer, Chairman. R. C. Griffiths R. C. Goodrich . H. Plum Motion by Sher`dan, seconded by Johanson that Board of Anneals Report be accepted in its entirety. Motion carried unanimously. 7"1-Ai; - :3 CC`•' T3sTrNN =tH''CRT - July ::, 1958 Pres-nt - ' hairman Cakes, Hu..t,es, Nee. 1. A rep' est_ for rozcn'rg from R-1 general. mult;r.'e d•:v- _ i-g, to --2 genera' business, Lots twenty-six (2:' and .•enty- sever. (27', Block six (e) HanI't-;r.'s Addit`rr to tech— .icsville, the same Bing two forte fort lcts cn the East side 4th Stre••: , one hurdred twenty feet (12f) South of 56t- Avenue. Clarence Ln-sin. 5519 4th St., Lloyd Pears,_, 5611 4th; Ers. .4,' ian Davis, Sc2, 5th Sr.. end .Toe !Pali--, 5525 5th St.St., ;. anneared for ,-earinr: on rezoning. Recom-end-d by Cakes tat no consideration he r•••en at th s tine as •uld to snot zoned and In v-eu cf Present State H?igh'ay -ln(' plans and recr men e Counc`-- -ake similar act`-n. Seconded •r Hughes. ::ct'rn Car- ried. I!. To consider the proposed preli...inary p'at of Rice Creel- Plaza, North Addition. betne a subdtv's`cn of ^art' cf t-e Nrrtheas: -uar:er (NE ) of Sect n fifteen (15) and Northwest quarter (N;'-') of Section slxte n (16), Townsh'n thirty (?'), Range twenty-four (24), the -:me being property North cf Mice Creek, Wes' of University ' ,enue N. E. Mr. Ernest Madsen - -neared before Commission in behalf of proposed Plat of Rice 'reek Plaza, North Additi,n. Motion by Eughe', seconded by '-e that plat be approved. Not;.cr. c?rrted. III. -c consider t..e nrcncsed preliminary plat of the vacated Gillette A: ittor. and Florence Park Addition lying North of Mississippi treet and East cf Jackson Street and Pot nine (9) Auditor' Subdivisi•-_n. 4121. Mr. • lie Erickson appeared in behalf of proresed prelin`_- nary rl: . of M-adou Lands Addition. After d'scussirn, the -at- ter we - table.'. until Ercc Prena_r-s nre ;miner;' plat cf al] of the: area and wrrks cut the dedtcattng of boundary streets. !:r Z_lzac a-neared to tali on nrrn-sed vacating of 2.: and rd 5 . and ^ct'• Ave. for subdtvi -nr-.eses. Recommended C 0 City- of Fridley P Town - City or Village Deed transferred Nov. 13, 1959 KENNETH W. CAMPBELL, School District 14NA County Auditor Mill Rate-General 279.12 Anoka, Minnesota State 6.22 N. . 1288 Total Dear Sir: - The following described. property Lot 17 & S. 7.31 of Lot 16, Block 5, Rice Creek Plaza South-Add. was on May 1, 19 59 assessed as follows: TAXES True and full value of land $ General $ 430.96 True and full value of buildings $ State $ 9.60. Total true and full value $ Specials $ Assessed value $ 1544 NH Total $ 440.56 A portion of the above parcel, described as follows: See reverse side was, previous to January 1st, 19 50_._., sold to Caroll C. Groth making a division of the tax necessary. • Based on a total true and full value of $ for original tract the portion sold to Groth should be assessed as follows: True and full value of land General $ 11.72 True and full value of buildings $ State $ ..Z6 Total true and full value $ (.•� Specials $ Assessed value Total $ 11.98 Leaving for original tract True and full value of land $ ' General $419.24 True and full value of buildings $ J ``sr- State $ 9.34 Total true and full value $ '- - Specials $ Assessed value $ - Total $428..58 Division made this (5-7 day of `'' 19 4-' Approved by: Assessor Seller Auditor Buyer TAX DIVISION DATA Special Assessments Taxes per books: Assessed General State Total Line 4, page 417 1544 430.96 9.60 _ I440.56 Tax Division: Line 4, page 417 1502 419.24 9.34 — - 428.58 Line 5, page 418 - - 42 1.1.72 .26 _ -- — - — - 11.98 Proof Total Original Tax 15)414. 430,96 9.60 i 440.56 All that part of Lot 17 and the South 7.3' of Lot 16 lying W. of the fol. des. line: Beg. at a pt. in the S: line of said Lot 17 dist. 76.71' W. of the Si cor. of said Lot 17; th. N. to a pt. in the N. line of said S. 7.3' of Lot 16, said pt. being 75.86' W. of the E. line of said Lot 16 & thereby terminating. (Subj. to easements and covenants of record) 45. 08 4 w�q [ie� ZONING • 45.07. R-2 District: Uses Permitted, "X ref. 45.05, -45,19" R- 2 DISTRICT USES e PERMI TTED LIMITED 1. Uses permitted in R-1 Districts. "X ref. 45.06" MULTIPLE DWELLING 2. Two-family dwellings (Ref. 260) 3. Boarding and lodging houses, (Ref. 70) 45.071. Two family (only)dwellings; on same level adjacent to one another and R-2 A DI S T RI CT not above or below other dwellings. Except for the restriction noted the provisions . USES PERMI TT ED applicable to the R-2A District are otherwise the same as in the R-2 District. (Ref. 236.) 45.08. R-3District-Uses Permitted. "X ref. 45.05, 45.19" USES PERMITTED R-3 DISTRICT 1. Uses permitted in R-2 Districts. "X ref. 45.07, 45.06" MULTIPLE DWELLING 2. Multiple dwellings and dwelling groups. 3, Automobile courts, hotels, apartment hotels, motels and tourist homes, provided no business shall be conducted except as a service for guests there- of, accessible to customers from inside the building. 4. Resort transient cabins and housing accomodations and the following acces- sory uses for the accomodation of guests, boat and motor storage and ren- tals, bait shops, dining rooms, soft drink and snack bars, 5. Colleges and Universities. 6. Fraternity and sorority houses. 7. Private clubs, lodges, libraries and museums, except any that are primar- ily commercial uses. 8. The following uses, but only after securing a use permit for the establish- ment, reconstruction, structural alteration, enlargement, or moving of any such use, after approval of such permit by the board of appeals and the city council, and subject to any conditions imposed by such use permit, as provided in Section 45.40 or other section hereof: a, (Repealed - Ref. 97) b. Clothes cleaning or laundering pick-up stations, clothes pressing and tailoring shops, and self-service launderies. (Ref. 70) c. Flower, fruit and vegetable sales and stands. d. Gasoline service stations and accessory greasing, servicing, clean- ing and washing of automobiles, including minor adjustments, and repairs, but not general repairs, overhauling, rebuilding, de- molition or spray painting. e. Offices and office buildings for business and professional uses, in- cluding banks, medical and dental clinics, f. Public offices and office buildings, police and fire stations, post offices. g. Public utility offices and office buildings, telephone exchanges, transformer stations, electric substations or pumping stations. (12 3i-64) h. Restaurants, refreshment stands, but not any selling or serving of alcoholic beverages. 58 HERRICK & NEVOI.NN ATTORNEYS AT LAW 'irgil C. Herrick MEMORANDUM Imes D. Hoeft iregg V. Herrick Of Counsel )avid P.Newman TO: Barbara Dacy, Planning Coordinator FROM: Virgil Herrick, City Attorney DATE: August 27 , 1990 RE: Ordinance Interpretation Questions This memorandum is in response to your memo of August 24 1990, wherein you ask for an interpretation of three differe. ordinances. I will respond in the order that you hav - in your memo. 1. You ask whether a property owner needs get a special use permit for property zoned C-3 in order to - tablish an auto rental use. As you indicate, no specific men ion is made of auto rentals in a C-3 district. However, mentio is made of sales of new or used automobiles. I believe that a auto rental operation is similar to sales of new and used automobiles and should be handled in the same manner as those us- - . Because a special use permit is required for sales of automobiles, I am also of the opinion that a special use permit s •uld be required for the leasing of automobiles. I also no e that the property owner is requesting other uses that requi - a special use permit, and that the inclusion of the request fo an auto rental use will not cause the property owner any - .ditional expenditure of time or money. 2 . You ask whether i is necessary for Lindstrom Metric to plat certain property i order to subdivide a portion of a meets and bounds parcel loca ed at 8251 Ashton Avenue. Both our ordinance and the St- e's statute require a plat for subdivisions that create lots t - t are less than two and one-half acres in size. In looking - t the diagram that you attached to your memorandum, I a assuming that the proposed parcel is less than two and one-ha ' acres. Both the City ordinance and the State statute do p- mit waiving this requirement. They state as follows: " n any case in which compliance with the foregoing restricti• s will create an unnecessary hardship and failure to comply d.es not interfere with the purpose of the subdivision regula ons , the platting authority may waive such compliance by adopt. ng a resolution to that affect and the conveyance may then be led or recorded. " If the affected property owners do not wi -h to plat the property, but instead propose to use a gistered Land Survey, they should apply for a variance. Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 Barb Dacy August 27, 1990 Page 2 Whether the staff should recommend granting the variance be considered in terms of whether then any substantial advantage to requiri opposed to a Registered Land Su 3. You ask certain questions regarding the Suburban Engineering building at 6875 Highway 65. This property is a non-conforming commercial use in an R-3 area. The questions that have been asked relate to the types of uses that can be put into the building and regulations regarding the placement of signs on the property. As you indicated in your memo, there are no regulations regarding commercial properties in an R-3 area. Your proposal to allow uses and signs consistent with the CR-1 zoning district seems reasonable, and I have no problem with that approach. VCH:ldb y fit. 'Sa rail �' v.�4 , w 7 /j CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. ; F4 r FRIDIEY, MN 55432 Oocmuuii Developmeit Department a fi ' (612) 571-3450 • ry www ww. • Y RCEZONINV APPLICATION i'ORt4 1 1{� �y FY Q 1. fi Z,, 5 rf.1 i l i S'7l'E'�i �'w� k 3 y 4 '.>. '7 r: t> i 1 iti aii yi w ,'� .. �'�"`iV'ir - r a A r ti ✓� . .v> PROPEt I'! II�RiATI�t site plan required,f sutaai ta1s; '°see att•ached !, . � 7T{ _ p '1 r I. ebb N�+ir^ { C - . A it7` } ', Address: . 203 20'5'Mississippi -S, .Minrfeapolis0;MN 554:32-4394 " ` . ' ;� b r3k��sTo $ :}, :.s ' ��' w d 'ji si, d 4 & to r� 4 0 .; t,, x 4 x r i* +,.. . ' . Legal description i8ee' survey'':attached pp++t ,kA: ':. ' �,, 4 ,. :s ' - , .', r ` t ,�.. ,y rw S csw 7+s ,� Southy 'gyp{+ x�., Lot 17 Block 5 ii t Tract/Argd .tion R ce Crei ':Plaza Additi nr�, k xl ` Current 2 R '' M , �� 1 zoning:' 3 qr,�t f aareae t . �7 z I e �,e r A 1> ; it t 4 M o- ' y ce,,y i,£r iz i ;. qL F b 'ra.' Own 1 +u zoning: ,C 2 General4BUSiA,O;ss �K�.t ��, �` >e.r.h mt4, s ? rr yy�� fa �... + ...- - r aii- .::,, iK tv'�+ 1,. 4., „t 2 C� ,,,3 ,F,„ �} 'k"+'r° l Xa Yr' r i r t:. .-} .¢ 'y x ' Reason for rezcr • xg. " To"" asrccbmodatie .p"!#7�esp '�oit e na�lfi# a:ta 'ii14" , sek�ri t'�.,�f � , ` "aw, 7 '- FEE OAR INFORMATION E,, • • i.r+ a (OOntraCt •Purc haSerS Fee Owners nu st •signthis form or to 1 k • • s £4 ,i 1,` . ',, , l . , a .T: C F Bank ,fsb • 5 = k ` „ .v 801 Marquette Ave , Minneapolis MN • 55402; i • 4g /;'DAYTIME pI TE 370,.7.000 w a f ` ' s. * M ayl.: 7 .'� r k t ' SIGNATURE 1$l 6/1 9 •91 Li�LJJ Fh r jT w - Tim Ballet,. : bd,.. F 7 rerITIONER 'PION C , NAME ,Bailey Enterprises, Inc ., 1 .4 • ADDRESS 484--N .Wabasha St. ,.,St . Paul MN 551,02 .' ; _: u „, akyr mE pfiUNE 224-5482 ; • SIGNAZURE &A ,, ,, .DATE 6/19/91 M��i �1y „- www —tiz 8 M4. ._ICJI riWwY Yrwr 'L'www _ , www Fee: $300.00 : . Pernut ZOA # •' 11--O I n�eceipt # 4 te'l 0_ ' t r, < z Application:received by: ., �„G -tit,/ _"' Schedules Planning Qanenissioh te: 7 / 7—L1 9 1 Scheduled City Council date• "„ 'h- L' ,j. .. 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, July 24, 1991 at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #91-01, by Bailey Enterprises, Inc. , to rezone from R-3, General Multiple Dwelling to C-2, General Business, on Lot 17, Block 5, and the South 7.3 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, lying east of the following described line: Beginning at a point in the south line of said Lot 17 distant 76. 61 feet west of the southeast corner of said Lot 17; thence north to a point in the north line of said South 7.3 feet of Lot 16, said point being 75.86 feet west of the east line of said Lot 16 and thereby terminating. Together with a nonexclusive driveway easement over the North 10 feet of the South 17.63 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, generally located at 203 - 205 Mississippi Street N.E. Any and all persons desiring to be heard shall be given an.. opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: July 10, 1991 July 17, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. ZOA #91-01 MAILING LIST Planning 7/5/91 Bailey Enterprises, Inc. Council Tim Bailey Chester Gromek City Council Members TCF Bank 3600 - 36th Avenue N.E. 801 Marquette Avenue Minneapolis, MN 55418 Planning Comm. Chair Minneapolis, MN 55402 Current Resident Mark Kvalheim 6511 - 2nd Street N.E. Bailey Enterprises, Inc. Fridley, MN 55432 484 North Wabasha St. • St. Paul, MN 55102 Harvey Peterson`/�j 203 Mississippi Street N.E. Arnold Aspenson Fridley, MN 55432 6493 Riverview Terrace N.E. Fridley, MN 55432 Harvey Peterson 151 Glen Creek Road N.E. Current Resident Fridley, MN 55432 6500 - 2nd Street N.E. Fridley, MN 55432 Joseph Lapinski 201 Mississippi Street N.E. Current Resident Fridley, MN 55432 6510 - 2nd Street N.E. Fridley, MN 55432 Anoka County 325 E. Main Street Current Resident Anoka, MN 55303 6520 - 2nd Street N.E. Fridley, MN 55432 John Berg 6501 Main Street N.E. Holly Shopping Center Fridley, MN 55432 6530 University Avenue N.E. Fridley, MN 55432 Gary Marlow 6525 Main Street N.E. Eberhardt Company Fridley, MN 55432 3250 West 66th Street Minneapolis, MN 55440 Current Resident 6530 - 2nd Street N.E. Richard Smith/John Weber Fridley, MN 55432 6551 - 2nd Street �� Fridley, MN 55432 ✓"j Alphonse Klisch 1617 - 4th Street N.E. Current Resident Minneapolis, MN 55413 6541 - 2nd Street N.E. Fridley, MN 55432 Current Resident 248 Mississippi Street N.E. Progressive Properties Fridley, MN 55432 1465 North Danube Road Fridley, MN 55421 Current Resident 214 Mississippi Street N.E. Current Resident Fridley, MN 55432 6525 - 2nd Street N.E. Fridley, MN 55432 RAO Manufacturing 200 Mississippi Street N.E. Paul Johnson Fridley, MN 55432 3925 Shamrock Drive Minneapolis, MN 55421 t