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03/27/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MARCH 27, 1991 7:30 P.M. Public Planning Commission l City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MARCH 27, 1991 7:30 P.M. ------------ LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: March 13, 1991 (Tabled December 12, 1990) Consideration of a Special Use Permit, SP #90-18, by Humberto Martinez, per Section 205. 18.03.C. (4) of the Fridley City Code, to allow the lot coverage to be increased from 40% maximum to 44% maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. Public Hearing: Consideration of a Special Use Permit, SP #91-04, by David and Sheri McCain, per Section 205.24. 04. (D) of the Fridley City Code, to allow the construction of an addition to an existing house in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E. Public Hearing: Consideration of a Special Use Permit, SP #91-05, by Randall P. Olchefske of Riverside Car Wash, per Section 205.14. 01.C. 6 of the Fridley City Code, to allow the expansion of a motor vehicle wash establishment on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E. Public Hearing: Consideration of a Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop, to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly of the southerly extension of the center line of Est River Road, as shown on said plat (now known as County State Aid Highway No. 1) , and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45. 00 feet east from the southeast corner of said Lot 2. That point of Lot 50, Block J, Riverview Heights, lying East of a line drawn parallel to and 150 feet East, measured at right angles from the West line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road N.E. • Planning Commission Agenda March 27, 1991 Page 2 RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MEETING OF FEBRUARY 19, 1991 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MARCH 7, 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MARCH 12, 1991 OTHER BUSINESS: ADJOURN: y . • CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 13, 1991 CALL TO ORDER: Chairperson Betzold called the March 13, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Tim Ring, Marquette Bank C. Gudmundson, Milestone Hotel Investments, Inc. Les and Marie Linngren, 533 - 53 1/2 Avenue N.E. Betti Ledermann, 548 - 53 1/2 Avenue N.E. Roger Stene, 870 Pandora Drive Tom and Pam Olin, 136 River Edge Way APPROVAL OF FEBRUARY 20, 1991. PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the February 20, 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 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED, "ZONING" , BY AMENDING SECTIONS 205.03, "DEFINITIONS" , AND SECTION 205.07, "R-1, ONE FAMILY DWELLING DISTRICT REGULATIONS" (ACCESSORY APARTMENTS) MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. Dacy stated that in October and November 1990, the Planning Commission had reviewed and considered an ordinance amendment to amend the zoning ordinance in the R-1 district to prevent the renting of any part of a single family home to PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 2 any individual, related or unrelated. The Planning Commission heard testimony at both those meetings regarding how that proposed ordinance amendment would impact particular situations. That ordinance amendment was proposed by the City Council who had a number of concerns about single family homes being illegally converted into two family homes. The Council was also concerned that the guest room provision, which is now allowed in the R-1 ordinance, was being abused; and that parts of single family homes were being rented out as apartments. Ms. Dacy stated that based on the testimony heard at the October and November Planning Commission meetings, the Planning Commission asked staff to ask the City Attorney if the City could require a license if a person is unrelated to the individual who lives in the home. In other words, permit an accessory apartment to be created within a single family home, but place a number of restrictions on it that would maintain the intent and character of the single family home itself. Ms. Dacy stated staff has done that and is now proposing another ordinance amendment. The first thing they did was to create a definition for an "accessory apartment", which is: "A dwelling unit that is contained within the structure of a one family dwelling and is clearly subordinate to the principal use of the structure of a one family dwelling. " Ms. Dacy stated staff is also proposing some minor amendments to other existing definitions in the ordinance regarding a dwelling unit, a two family dwelling unit, and a multiple family dwelling unit. What is proposed is that as an accessory use, an accessory apartment would be permitted, but it would be subject to 12 proposed standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 3 (5) If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6) There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; (7) The floor area of the accessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8) If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220. 13 of the City Code; (Ms. Dacy stated the City Attorney, Virgil Herrick, has written a memo dated December 13, 1990, in which he states that a license procedure is possible. ) (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; (11) The maximum number of occupants of the accessory apartment shall not exceed two adults, and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed conforming if it is in compliance with the standards outlined above. Ms. Dacy stated staff is also proposing amending the Licensing Ordinance of the City, which is not part of the Zoning Ordinance, to state that in the case of a rental of an accessory apartment, licenses are required if the apartment is to be rented to individuals not related by blood or marriage. Ms. Dacy stated that the Human Resources Commission reviewed this proposed ordinance amendment at their March 7, 1991, meeting and they made the following recommendations: PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 4 1. The number of bedrooms per accessory apartment should be limited to one bedroom. 2. The accessory apartment could not be rented to more than two adults, and no more than three occupants. 3. The license may not be issued if there have been a number of substantiated public nuisance complaints within the prior year. 4. The license must be posted in a public place of the residence. Ms. Dacy stated most of these changes have been incorporated into the proposed ordinance. Staff is still investigating with the attorney's office whether or not there is enough language in the licensing ordinance to cover the issue of: If there have been a number of public nuisance complaints, would that be a basis for suspension of the license? Ms. Dacy stated that based on the Human Resources Commission's amendments, staff finds that the proposed amendments address the concerns the City Council had of trying to maintain the single family character of the home and the neighborhood, yet at the same time allowing single family owners the ability to have accessory apartments within their households if they do need to rent to unrelated individual or if other circumstances arise that dictate this type of living arrangement. Ms. Dacy stated that if the Planning Commission recommends approval of the proposed ordinance amendment, it will go to the City Council for a public hearing in April. Mr. Les Linngren, 533 - 53 1/2 Avenue N.E. , stated he has no problems with the proposed ordinance and would be in favor of it. He stated he and his family currently have a home next door to them that has been divided into two apartments. The home is not owner-occupied and both apartments are rented out. It is a nuisance, because there are always a number of cars parked on the street, patio, and garage--sometimes up to seven cars at one time. Exterior changes have been made to the structure since it was divided. A kind of "lean-to" addition was put on the front to shelter the front door to the basement apartment. Mr. Linngren stated he is concerned because this single family home should never have been converted to a rental property for two families. The neighborhood is zoned R-1, Single Family Dwelling. If this ordinance is approved by the Council, how will this particular situation change and how will the homeowners comply with the new ordinance? PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 5 Ms. Dacy stated the City's Code Enforcement Officer, Steve Barg, has worked with the owners of that home to establish a time line to convert the premises back to single family. Not knowing how this ordinance amendment process would go, staff told Tom and Pam Olin that the City would keep them apprised of this ordinance. As this ordinance is written and proposed as compared to the existing situation, the Olins would not be in compliance, because the owner does not live in the home. As to the other issues, the size of each of the living area and the off-street parking situation would have to be investigated further. Ms. Dacy stated the other issue that is not specifically addressed, but is referred to in standard #12 in the proposed ordinance, is the nonconformity issue. The first ordinance had an abatement time of three years for nonconforming situations to convert to conforming situations. The Planning Commission might want to discuss this issue. The way it is proposed in the ordinance amendment is very general. Mr. Linngren stated he would urge the Planning Commission to discuss this also and establish an abatement time for converting to conforming situations. He would also like the Planning Commission to look at the number of vehicles that are allowed. Some of these cars are not even street operable. Ms. Dacy stated there are no current restrictions as to the number of cars allowed per single family lot. A lot of communities have debated that issue, but so far the City of Fridley has not. Mr. Betzold stated it might be better to discuss the issue of the number of cars separately from this ordinance amendment, because it is not strictly related to these types of accessory apartments and could be a problem for other situations. Mr. Tom Olin, 136 River Edge Way, stated he is the owner of the home (541 - 53 1/2 Avenue N.E. ) next to Mr. Linngren. He stated his biggest argument is that they have never tried to hide anything. They licensed the apartments through the Fire Department. They spent over $3,000 bringing the structure up to code as two rental units. The electrical, plumbing, and building inspector were out to make sure everything was up to code. Ms. Pam Olin, 136 River Edge Way, stated the City was well aware that they were not living in the home at the time they made all the improvements. Ms. Dacy stated that, unfortunately, until last year rental licenses were just checked by the Fire Inspector. When a rental license came in for a single family home, the Fire PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 6 Inspector was not responsible for enforcing the zoning ordinance and was not aware of the rules pertaining to the R- 1 district. In the case of Mr. and Mrs. Olin, they did receive a rental license and building permits to make these improvements. There have been other instances in the R-1 district in the City where the City has issued a rental license. The City acknowledges that fact, but that process has now been changed and the Community Development Department now reviews all license applications. Again, this is the nonconforming issue, and the Commission might want to discuss establishing a time period to convert back to a single family dwelling. Mr. Olin asked that if the proposed ordinance is passed by the City Council, would he be able to rent the home out as a single family dwelling? Mr. Betzold stated, yes, he could. Ms. Betty Ledermann, 548 - 53 1/2 Avenue N.E. , asked how the public was notified of this public hearing. Ms. Dacy stated the ordinance amendments are always published in the Fridley Focus which is the City's official publication. When this particular process was started last October, the City notified the people who were directly affected by this proposed ordinance amendment. They notified the property owners of 8-9 homes that are in violation. It is hard for the City to know where there are other situations, so, hopefully, the public does read the public hearing notices in the Fridley Focus. At the October and November meetings, people who had read about the public hearings in the Focus came to the meetings and made comments. Mr. Betzold stated these public hearings were published rather extensively in the Focus. He also wrote a very lengthy letter to the editor regarding this subject. Ms. Ledermann stated she is very upset that the property owners were notified of the public hearings, but yet other people in the neighborhood who are also directly affected by this ordinance amendment are not notified and must read it in the paper. Mr. Roger Stene, 870 Pandora Drive N.E. , stated he was at one of the previous public hearings before the Planning Commission and had stated his particular situation. He stated he has read the revised ordinance amendment, and he is very satisfied with it. He stated it is very well written. PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 7 Mr. Tom Olin stated that he has constructed an enclosure over the lower unit apartment doorway. If this ordinance amendment passes, will he have to remove that addition? Ms. Dacy stated that if this ordinance amendment passes, each case will have to be analyzed on an individual basis. Mr. Les Linngren stated obviously Mr. Olin was contacted about the public hearing because his building is affected; but the whole neighborhood is affected by what he is doing. He has turned a single family dwelling into a multiple dwelling in a residential neighborhood that has been residential for 30 years. The neighborhood should also have some say so about what goes on in their neighborhood. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Mr. Saba stated staff has done a very good job in addressing the concerns and issues brought up at the last Planning Commission meeting. Ms. Sherek stated she would support the ordinance amendment, but there should be a stipulation added that addresses a time limit to bring nonconforming accessory apartments into compliance. She thought that because of the City's error in allowing people to license their homes as duplexes and because some people have spent substantial amounts of money to bring their homes into compliance with fire and building codes, three years is not an unreasonable time period to convert the home back to a single family dwelling. Ms. Sherek asked if there is existing language in the ordinance which addresses those people who have been renting illegal accessory apartments that are unlicensed accessory apartments and come to the attention of the City staff in the future, say four years after the adoption of this ordinance. Are those violators also given 3 years after they are discovered to bring the home into compliance? She did not think that someone who has been illegally conducting a rental situation is entitled to three years to conform. Ms. Dacy stated that if an illegal situation exists four years after the adoption of the ordinance, staff would not give the property owner three years to conform. Staff would declare it a violation and have it corrected as soon as possible. PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 8 MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code entitled "Zoning" by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations" (Accessory Apartments) , subject to the following standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; (5) If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6) There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; (7) The floor area of the accessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8) If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 9 (11) The maximum number of occupants of the accessory apartment shall not exceed two adults, and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed nonconforming if it is not in compliance with the standards outlined above. The accessory apartment shall be brought into conformance or the dwelling returned to a one family dwelling within three years of the date of the adoption of the ordinance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated a public hearing will be held at the City Council on April 8, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #91-01, BY MILESTONE HOTEL INVESTMENTS, INC. , TO REPLAT PART OF LOTS 1. 2, 3, 4, AND 5, AUDITOR'S SUBDIVISION NO. 153, TO BE DESCRIBED AS LOTS 1 AND 2, BLOCK 1, SKYWOOD MALL ADDITION, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. : MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is zoned C-3, General Shopping Center District, with additional C-3 zoning to the north; C-1, Local Business zoning, to the south; and R-1, Single Family Dwelling zoning, to the east. Ms. McPherson stated this proposal is to create a lot line which will split the parcel into two pieces, allowing the hotel to be sold independently of the retail portion of the mall. The lot line is proposed to follow along the fire wall which separates the two buildings. The line has been drawn such that it follows the face of the old building (retail mall) . Ms. McPherson stated that in 1983, the City sold industrial revenue bonds to finance the remodeling of the mall and the construction of the hotel. As a condition of that sale, several stipulations regarding general site improvements including landscaping, curbing, paving, etc. , were added as part of the approval. In 1985, a sign variance was granted PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 10 which included additional stipulations and also the original stipulations from the 1983 approval. Between 1985 and today, the property went into receivership and is currently under the power of a trustee. Through the process of the receivership, the outstanding general site improvements have been completed. Ms. McPherson stated that as far as the plat request, the lots meet the minimum lot area and lot width requirements and setback requirements, with the exception of the zero lot line which will be created if the plat and lot split are approved. On March 12, 1991, the Appeals Commission recommended to the City Council approval of the variance to reduce the setback from 15 feet to 0 feet. It should be noted that the property is currently underparked according to code; however, the City was cognizant of this fact when it first approved the bond sale to finance the original project. The new lot line has been drawn such that the hotel portion of the property will be close to compliance by the code; however, the retail and office portions are not in compliance. Ms. McPherson stated there are three additional issues regarding the plat request: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common easements between the mall and the hotel. 3. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. Ms. McPherson stated the first two issues have been addressed by the petitioner and the trustee in their negotiations for sale. Agreements have been drawn up and reviewed by the City Attorney. Ms. McPherson stated the third issue is raised by the Uniform Building Code which requires that 60 feet of clear area occur between two buildings. As the City is allowing a zero lot line to occur between these two buildings, the City is knowingly waiving the building code requirement. The City is asking the petitioner to record an agreement which waives the City's liability in allowing this to occur. This situation is not unusual and does occur in other cities. Ms. McPherson stated there is a proposed water main project in this area which will run a new water line along the rear of the Menards and mall property. The City is asking the petitioner to dedicate a 30 foot easement along the rear of the property which would allow the City to construct and PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 11 maintain this water main. The water main will improve the water service in the area. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the plat request with two stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. 2. All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. Mr. Tim Ring stated he is the in-house counsel for Marquette Bank Minneapolis. Marquette Bank Minneapolis is the trustee under a bond indenture and represents the bondholders who have essentially financed the project. As trustee, they have been unsuccessful in trying to sell this mall and hotel in the last 18 months, the common objection being that the would-be buyers are either hotel investors or mall investors but not both. Thus, it is necessary to split the land and sell each respective parcel of real estate. He stated the stipulations are acceptable to Marquette Bank Minneapolis as trustee. Ms. Judy Engebretson, 5216 Lincoln Street N.E. , stated her property adjoins the hotel property in the rear. She asked if any consideration would be given to improving the holding pond area, because it creates an overflow onto the street which freezes on the street during cold weather and causes very slippery conditions. Ms. McPherson stated the grades of the property will not be changed; however, it is an issue that the Engineering Department can look at, because the Engineering Department approved the original changes to the grades and the retention pond. Ms. Engebretson stated it is her understanding that with the lot split, there cannot be any more expansion to the building. There is not enough parking now for what is existing. Ms. McPherson stated that is correct. If any expansion is ever proposed, parking ramps would have to be constructed in order to meet the parking requirements. Ms. Engebretson asked if the original stipulations as far as maintenance, grass cutting, etc. , would still be maintained. Ms. Dacy stated Ms. Engebretson is referring to the concerns of the neighborhood in 1984 regarding the addition of the hotel that the rear of the property be properly maintained. PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 12 The staff report did not refer specifically to that stipulation; however, the original approval still holds. Mr. Betzold stated it is his understanding that any stipulations put on the project at the time of the approval should be maintained; however, Ms. Engebretson raised a very good point and it is a concern that should be brought to the attention of the City Council so that there are no gaps in the maintenance. MOTION by Ms. Sherek, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:30 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of Preliminary Plat, P.S. #91-02, by Milestone Hotel Investments, Inc. , to replat part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. , with the following stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. 2 . All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF A LOT SPLIT, L.S. #91-02, BY MILESTONE HOTEL INVESTMENTS, INC. , TO SPLIT OFF PART OF LOTS 1, 2, 3, 4, AND 5, AUDITOR'S SUBDIVISION NO. 153, INTO TWO SEPARATE PARCELS DESCRIBED AS PARCEL A AND B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the lot split request with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2 . Common party wall and shared easement agreements shall be recorded when the lot split is recorded. PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 13 3 . A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. MOTION by Ms. Sherek, seconded by Ms. Savage, to recommend to City Council approval of Lot Split, L.S. #91-02, by Milestone Hotel Investments, Inc. , to split off part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, into two separate parcels described as Parcel A and B, generally located at 5201 - 5275 Central Avenue N.E. , with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the lot split and the variance requests will go to the City Council on March 25, 1991. At that meeting, the City Council will set a public hearing for the plat on April 18, 1991. 4. RECEIVE FEBRUARY 4 , 1991, PARKS AND RECREATION COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Sherek, to receive the February 4, 1991, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. • PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 14 5. RECEIVE FEBRUARY 7, 1991, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Savage, to receive the February 7, 1991, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE FEBRUARY 14, 1991, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the February 14, 1991, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE FEBRUARY 19, 1991, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Ms. Modig, to receive the February 19, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. OTHER BUSINESS: a. Preliminary Design of LRT Stations and Line Ms. Dacy reviewed the preliminary design plans of the LRT stations and line. As of April 1, 1991, staff will be receiving the draft environmental impact statement from Anoka County regarding the northeast corridor. Ms. Dacy stated the Human Resources Commission reviewed the plans and their comments were listed in her memo to the Planning Commission dated March 8, 1991. A neighborhood meeting of the homeowners near the 53rd Avenue and 57th Avenue station sites will be held on Tuesday, March 19, 1991, at 7:00 p.m. She will be forwarding all comments from the commissions and the neighborhood meeting to Anoka County. Mr. Saba stated that if the LRT line goes in, why not have a bikeway/walkway running alongside the LRT track? It would be a straight shot to Northtown for bicyclists. Ms. Dacy stated that is a good point. There is an existing sidewalk that runs in front of the old Holiday station and McDonalds restaurant and continues along University Avenue to the Municipal Center. They could request that, during the construction process, the PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 15 sidewalk be replaced with a bikeway/walkway that continues all the way to Northtown. ADJOURNMENT: MOTION by Ms. Modig, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the March 13, 1991, Planning Commission meeting adjourned at 8:50 p.m. Respe tfully sub ted, yn Saba Rec rding Secretary 1.6 %I • imi STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE December 12, 1990 ; March 27, 1991 FRI DLEY CITY COUNCIL DATE : AUTHOR MM/do immummommimmommimmommillimmilmommommillimill REQUEST PERMIT NUMBER SP #90-18 APPLICANT Humberto Martinez PROPOSED REQUEST To increase the allowable lot coverage by 10% from 40% to 50%. LOCATION 7786 Beech Street N.E. SITE DATA SIZE 14,320 square feet DENSITY PRESENT ZONING M-2, Heavy Industrial ADJACENT LAND USES M-2, Heavy Industrial to the south, north, west, and & ZONING east UTIJTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Denial APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP #90-18 Humberto Martinez ■ TN/S 6 A COAI gN/KAI OF WORDS AS T. 30, R. 2 4 WY APPEAR ENE ANORA COUNTY' OFFKES AFFECTING THE AREA $oj. TN6 DRAWING IS TO SE USED t;rl../roR REFERENCE PUIFOSES AND ENE COUNTY FR/D L E Y rs Nor REsroNs.0 FOR ANY t CURACIES NOON CONLA': 41 53903 ) - i-\\ — � \ice r. \• ..-.�..,.��-�.. .,r _ E I/t CORNER \ J£C.J • •an)l.',4!NV µ '141 f. i i \ "i ,rt vi r u A^IF.7 tolr II I "(.�' `1 • r'I. '�k . .-,1 '�. I STRE �t II t il .2; Mrt,� e.,IHii r. I < t II !'T �, t W w '�}�Y_ iii P M '4' ' s s e . I" it. ''''11 . . '2— i—s a, „i . 4 \ / tee.. 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W�p i . • N. ``�. . , 1V. - ADD. , ' ""�_~' � 6K1 iiiiiiiii,. — .'' r•; _ '� ".\ -• �r- 77 2 a \7E E! _ N E _ CORNER i✓) ,r r•.• :-t, 4 .S.t t URNER \.. D 43 44 41....7 LOCATION MAP SP #90-18 Humberto Martinez • -.TK rill= iail I ii.0.1;70„. Apo. MV.C. Wr 11: 79,/ %VI= > AtrA W • • LIBERTY ST. 7� �.� /•7 �� \ NJ/. 4` Y / _ • ���d As •• LONOF LLOW Oum' 6� ,4 2 '%0 /0"j m T.. 0 • • ,,k, • o• • • • • 4 • • • •Mk / L'1:71��If . • _ _o A/4 ',#/ 1.4 -;\ft03107, . 1 4' •/4-0, \IV: - • % --4r4V-ii..e.: . .:., .1..T4 ,07 01:Dre Op ,// 01 ‘tt%, :- 1 4-.(6%\..••'•'• •• <;• •-C••••• o /off;% FiN II ,RIB y. • \� > �� ;#,I, 'ti 1 %1 ' 9 "AO \ •••••••• •••• • •/'• • • 70 H � AV UE N. e : . O .il• • • • • sv.r. - ® ,1 if ieR 01/4 14:11 ,..: : k t •I' 1'6 :5 -1 ` %.. . '5 •:( • \ '//'•...‘',4t', '' , V rdi•i: 7.!20js i ,L lh . 1 r.: • •.. • ..cm,.z: v,„•r)%•ft. ti ' s .. . f• S . AAA \i\r • . 4 #I. W1:5- • 7nNIN[; M AD Staff Report SP #90-18, Humberto Martinez Page 2 Request The petitioner, Humberto Martinez, is requesting that a special use permit be granted to increase the allowable lot coverage by 10%, from 40% to 50% maximum. This would allow Mr. Martinez to construct a 3,500 square foot addition to his existing building located on Lots 1 through 5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. The petitioner has also applied for several variances in order to construct the addition which the Appeals Commission recommended denial of to the City Council. Site Located on the property is a two story single family dwelling unit which is attached to a concrete block building which is used as an assembly and warehouse facility. To the rear and side of the property is a fenced storage area, which the petitioner is proposing to enclose. The property is zoned M-2, Heavy Industrial as are the surrounding properties to the north, south, east, and west. Analysis The City Council recently adopted Section 205.18.03 .C. (4) which would allow a 10% increase in lot coverage with a special use permit. The code section sets forth two standards which should be evaluated prior to the issuance of a special use permit: 1. For existing developed properties, the total amount of existing hardsurface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The petitioner is proposing to increase the lot coverage by 10% and the total amount of green area available on the site would be reduced. 2 . The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, storm water management, and landscaping. Currently, the use of the building requires 6.89 parking spaces based on the various parking ratios outlined in the City's zoning code. However, if the use should change and the amount of manufacturing square footage increases, the property would not be able to provide parking for more than ten cars if the proposed addition is constructed. In addition to lack of available parking Staff Report SP #90-18, Humberto Martinez Page 3 area, the amount of green space which remains would not be adequate to provide area for storm water retention or detention basins, and would decrease the amount of area that water would be able to infiltrate into the soil. There is also currently little area on the site for landscaping and green space. Recommendation and Stipulations for December 12, 1990 As the property would not fulfill the standards outlined in Section 205. 18.3 .C. (4) . (a-b) , staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage by 10%, from 40% to 50% to the City Council. Revised Request Per the Planning Commission's recommendation, the petitioner has submitted a new site plan which reduces the maximum lot coverage from 50% to 44%. The petitioner still needs a variance to reduce the side yard setback from 20 feet to 0 feet. Though this request has less of an impact on the site than the original request, there is still the possibility that this request would be over-building the site. The proposed expansion would maintain a 32 foot rear yard setback, where a drainage/retention pond could be maintained. However, if the use of the building changed to primarily manufacturing, this same area would need to be used to provide additional parking. Recommendation The site with the new proposal would not meet all the standards outlined in Section 205. 18.03 .C. (4) (a-b) . Staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage from 40% to 44% to the City Council. SP #9 0-18 Humberto Martinez I. ,. _ .___)i . • , . iii i r....., ..._. --. -- _ -_. 1 j r ose i m i i �1 ' , 1 +� i I I I t In 1 I I CO L.__. cn ,r----, , . ru I - ) . 1 i in M • , 4 . - it •t 1 r i J' UI m I r I 1 1 jt/, i .1 _\/__ _\./_ , .4(_. ,. '-L�� 9 e • S • a r T . u ORIGINAL SITE PLAN Beech Street >k�x m m >i ''' a) CaD Q Cra w ) K x X m • � m i . • • • • NEW SITE PLAN CITY OF FRIDLEY ' t cl e.tPj 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Oa vanity Development Department (612) 571-3450 SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittals; see attached Address: •11 t.P —66e.A. eatkved- Legal description: Lot 1 -4; Block tp Tract/Addition Orp-tADAA1 jCd Current zoning: -v Square footage/acreage ( ;14) 0 Reason for special use permit:—A Q,IX,r-z J, t 4A4L4 k.L,Le t e ��� -t--/' 0 07;` , S."4 Section of City Code: ice,Jr).01j G r -. FEE OWNER INFORMATION (Contract Purchasers: ®�Fee Owners must sign this form prior to processing) 1 NAME v uwA-e� 1AL4 r--,v e-iL ADDRESS `11 E( ' 2 d&, ,c��e►� i S4--%k LIAYT ME PHONE Vi 1 t'2-190 SIC h IURE o DATE 1 t- 161-5'c) YIr1T1ONER INFORMATION NAME a-r+�ei ilLs6A-�tNt'i ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $200.00 X, $100.00 for residential second accessory buildings Permit SP # 90 - !S Receipt # 3 Application received by: q"---46A,¢40-k . Scheduled Planning Commission date: tk.flk1O Scheduled City Council date: CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 12, 1990 CALL TO ORDER: Chairperson Betzold called the December 12, .1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, -ue Sherek, Diane Savage, Paul Dah •erg Members Absent: Dave Kondrick, Conni - Modig Others Present: Barbara Dacy, Pla ing Coordinator Michele McPherso , Planning Assistant Humberto Martin-z, 7786 Beech Street N.E. APPROVAL OF NOVEMBER 14, 1990. PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seco •ed by Mr. Dahlberg, to approve the November 14, 1990, Plannin• Commission minutes as written. UPON A VOICE VOTE, ALL •OTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNAN OUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #90-06, BY CRYSTEEL TRUCK ' QUIPMENT: To rezone that part of the east 225 feet of the west 475 feet of the north alf of the northeast quarter of the southwest quarter of -ction 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast • arter of the southwest quarter, from M-1, Light Industri. . , to C-2, General Business, the same being 1130 - 73rd Av- ue N.E. 2 . PUBLI HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #90- BY CRYSTEEL TRUCK EQUIPMENT: Per Section 205.17.01.C. (11) of the Fridley City Code, to al ow exterior storage of materials and equipment on that part or the east 225 feet of the west 475 feet of the north half ►f the northeast quarter of the southwest quarter of Section 12 , T-30, R-24, Anoka County, Minnesota, lying north of the south 405. 60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. PLANNING COMMISSION MEETING DECEMBER 12 1990 PAGE 2 Ms. Dacy stated that the petitioner has ested that these two items be tabled until Janua , 991. MOTION by Ms. Sherek, se ded by Mr. Saba, to table rezoning request, ZOA #90-0 nd special use permit request, SP #90- 19, by Crystee ruck Equipment until January 9, 1991. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD RED THE MOTION CARRIED UNANIMOUSLY. 3 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ: Per Section 205. 18.03.C. (4) of the Fridley City Code, to allow the lot coverage to be increased from 40% maximum to 50% maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. MOTION by Ms. Sherek, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the petitioner is requesting a lot coverage increase from 40% maximum to 50% maximum. This increase would allow the petitioner to construct a 3,500 sq. ft. addition onto the existing building. The property is zoned M-2, Heavy Industrial, as are the properties surrounding this property. Ms. McPherson stated a two story single family dwelling unit is located on the property. This dwelling unit is attached to a concrete block building which serves as a warehousing and assembly facility for Mr. Martinez ' business, which is Food Process Control. An existing fenced outdoor storage located to the rear and side yards is where the petitioner is requesting to construct the addition. Ms. McPherson stated the City Council recently adopted an ordinance amendment which would allow a 10% increase in lot coverage in industrial districts with a special use permit. There are two standards that need to be evaluated prior to the issuance of a special use permit. Those standards are: 1. For existing developed properties, the total amount of existing hard surface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The PLANNING COMMISSION MEETING, DECEMBER 12, 1990 PAGE 3 petitioner is proposing to increase the lot coverage by 10% and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met including, but not limited to, parking, storm water management, and landscaping. . Ms. McPherson stated that the building currently requires 6.89 parking spaces based on the warehousing and manufacturing ratios outlined in the M-2 district regulations. However, there is always the chance that this particular use could change and a use higher in manufacturing or office space than warehousing space could change the required amount of parking needed for this property. Currently, there is an area for approximately 10 cars to park on the driveway which fronts Beech Street. However, if more than 10 spaces were required by the ordinance, there would not be adequate area with the proposed addition for those additional spaces. In addition, the proposed addition would greatly reduce the green area or open space available on site which would be normally used for storm water detention and area for water to infiltrate the surrounding soil. As this building exists, there is little or no area for landscaping and green space. Ms. McPherson stated staff is recommending that the Planning Commission recommend denial of this special use permit as the request would not meet the standards outlined under Section 208 . 18.03.C. (4) . (a-b) of the Zoning Code to allow a 10% increase in the maximum lot coverage. Mr. Dahlberg stated asked if staff has looked at this request from the standpoint of a lesser increase in maximum lot coverage so that if the Commission recommends denial, would the petitioner still have the ability to potentially add onto this property? Ms. McPherson stated that currently the building does not meet the 40% lot coverage. The petitioner could add about 1,900 sq. ft. to increase the lot coverage to 40% without a special use permit. Staff has not discussed that option with the petitioner. Ms. McPherson stated that in order for the petitioner to expand the building to the 50% lot coverage as requested, the petitioner did go to the Appeals Commission for several variances to reduce the side and rear yard building setbacks. The Appeals Commission did recommend denial of those particular variances to the City Council. Even though she had not done a specific analysis, the 1,900 sq. ft. addition to come to the 40% lot coverage may also require some type of variances. Mr. Humberto Martinez stated he is presenting his request to expand his building because he needs to get the materials needed for his business inside. These materials which are used in the processing PLANNING COMMISSION MEETING, DECEMBER 12, 1990 PAGE 4 plants he services are relatively expensive, and these materials have been stolen from the storage area, even though it is fenced. Mr. Martinez stated this is a very old section of Fridley, and the lot sizes do not and cannot conform with the existing codes. His property was originally two lots. His neighbor to the south has only about 9,600 square feet or 30% of the lot remaining in open space. This neighbor has also built right up to the lot line. He is proposing to build 8 feet from the lot line. Mr. Martinez stated his addition is not going to cause any parking problems. He will have adequate parking for his business. There will be adequate space for fire trucks to access the building. Most importantly, he needs to save his business from these thefts. Mr. Betzold stated that if this special use permit is granted and this addition is added to the building to accommodate Mr. Martinez' present business, it might be very difficult for Mr. Martinez to sell the building in the future, because there might not be enough parking spaces for a change in use of the building. He asked Mr. Martinez if he realized that he could be stuck with a building that he could not sell. Mr. Martinez stated he understood that. Any potential buyers would have to see that there are limitations on the use of this building. He purchased this building four years ago and does not plan any change in the use of the building. Ms. Dacy stated the Onaway Addition has been platted since 1911. A number of the buildings in this area were constructed in the late 1950's and 1960's. For the Stock Roofing special use permit request that the Planning Commission evaluated last summer, staff did an analysis for the petitioner on the number of variances granted just in this particular area. Setback variances have been granted for almost every property; and, as Mr. Martinez said, a number of the buildings in this area have been built to the zero lot line. Ms. Savage stated there are alternatives to controlling theft in outdoor storage areas. One way is to install a type of moving alarm system. If the petitioner was able to control the problem of theft, would he be able to continue keeping the materials outside? Mr. Martinez stated an alarm system is certainly something to consider; however, in the wintertime, these materials freeze. He has been renting trailers to keep some of these materials inside. Mr. Martinez stated that if he is kept to the setback restrictions and lot coverage, he would only be able to add about an 8 foot strip to the rear and sides of his building. That is not very feasible, because of the high cost of construction. M 1 , PLANNING COMMISSION MEETING, DECEMBER 12, 1990 PAGE 5 Ms. McPherson stated Mr. Martinez could construct a 1,951 square foot addition to bring the building to 40% lot coverage. This is a little more than 1/2 of the size proposed by Mr. Martinez. However, variances may still be needed. Mr. Dahlberg asked Mr. Martinez that if he is allowed to build an additional 1,951 square feet (40% lot coverage) and is able to get the necessary variances, would that size an addition be sufficient to meet his needs? Mr. Martinez stated he has not given it much thought. He stated he is definitely willing to meet with staff and find out what is the maximum size addition he can build that is economically feasible. Mr. Saba asked Mr. Martinez if he has considered off-site storage. Mr. Martinez stated he has had to store materials off-site in the past, and it is not good for his business. The reason he purchased this building is so that he could have all his materials stored on- site. With his type of business, when the customers need parts, he needs to access those parts immediately. Mr. Saba stated that sometimes it is necessary for a business that has limited space to either look at off-site storage of some inventory or look into purchasing another building. He stated the City would like to accommodate Mr. Martinez as much as possible, but they also want to keep properties, even properties in the older sections of the City, as close to meeting codes as possible. Mr. Betzold stated he agreed with Mr. Saba. He definitely had a problem with going to 50% lot coverage. Mr. Martinez stated he is willing to rework his plans with staff and see if there is some reasonable alternative. However, he did have some questions about other buildings in the area that have been allowed to build to zero lot line and have gotten variances for setbacks and lot coverage. MOTION by Ms. Sherek, seconded by Mr. Saba, to table special use permit, SP #90-18, by Humberto Martinez, to allow the petitioner time to work with staff on expansion alternatives. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4 . RECEIVE THE OCTOBER 16, 1990, ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded • . Saba, to receive the October 16, 1990, Environment. •uality and Energy Commission minutes. ♦, 1 'M PLANNING COMMISSION MEETING, DECEMBER 12, 1990 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE NOVEMBER 1, 1990, HUMAN RESO CES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. S a, to receive the November 1, 1990, Human Resources Commi ion minutes. UPON A VOICE VOTE, ALL VOTING AY , CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOU LY. 6. RECEIVE THE NOVEMBER 7 . 1990, ENVIR NMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded b Mr. Dahlberg, to receive the November 7, 1990, Environmenta. Quality and Energy Commission minutes. UPON A VOICE VOTE, ALL 'OTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRI �, UNANIMOUSLY. 7. RECEIVE THE NOVEMBER : , 1990, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Savage seconded by Ms. Sherek, to receive the November 8, 1990, H. sing & Redevelopment Authority minutes. UPON A VOICE VOA , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOT •N CARRIED UNANIMOUSLY. 8. RECEIVE THE DE • MBER 4, 1990, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Saba, to receive the December 4, 990, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED k'E MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by . Dahlberg, seconded by Ms. Savage, to adjourn the meeting. ,pon a voice vote, all voting aye, Chairperson Betzold declared , e motion carried and the December 12, 1990, Planning Commissi. adjourned at 8:20 p.m. pect, ully su mitted, Revx-e Ly Or Saba Reco ding Secretary STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE : March 27, 1991 FRI DLEY CITY COUNCIL DATE AUTHOR MM/do mommiummommimiliiimmimmimimilimommummmumi REQUEST PERMIT NUMBER SP #91-04 APPLICANT David McCain PROPOSED REQUEST To allow construction of an addition in the CRP-2 (Flood Fringe) District. LOCATION 689 Fairmont Street N.E. SITE DATA SIZE 11 ,000 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the North, South, East, & ZONING and West. UTE ES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION • SP #91-04 David McCain REVISED • AUDITORS •; v Q O� i -t9 3 4 kt J� Q - •j. 4.) .I;- _ • i, it 1 ' I i: cc • s\ 1 „• r• •fit' • Z \'' h * •!.....• o b . ..:( '•• : Lev ,K, r • • °'� 3., S \\. +�s SUB. 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M r .: l.�,r,w.�. r..'•✓r.w.^• �?r i or.- •,.1 I - '.+4_ro•-• 6t Yr i' ' t ... . f to ]Y. +� x �" ya X. ' r r p, +'Irr. l� = p !.� !o);!R; • N .. g uFC M «��,oY' '.�• 1k,..7` !' M.'I' 4••N•••µ _'• • .�• , .. r •• •RU7H t=: y !•� �,"� •.�A,. _., •• Y� �,: "i ]• K'R 0, `•,.• 4 •• FAI MON :w i - 0. . p sj M • H i ',y.a • * 5114 i . . ^'w• , .• 4 I'i..! / 3 t f•Or' N' 6.. A do• * • S.\A „•?•/- r`,. A ••• r -. J1 w M•... I J'..V. 1 �- n! I" �� n j !�. � d,•,+i: �..,.] „ _ •M W If 11.1''! • E'I . .`CIRCLE .�` �'•• • • - • .:ry ... /' ,.± h'Or; / 5• ylrcr• t •r ' `y� { CIRCLE • '=c a"''.S'. •• . ••.. + 7SIWiMyr } _ r`•'1. 13" , • uc.s sue"• \go:, 1ill � ��;.'v CI la b- 0. MWidlik' yr i LOCATION MAP • L SP #91-04 David McCain Ar \ . .)v4) ' • • CITY - OF 3~ \ THOMPSON•• cosi••s ,, • .Jt `'• , RIVERVIEW , 1 HEIGHTS O e \ \ to 0 to.I III. Itr AN . tilig1P1111.111r. i IREPIIIIIIIM 4iiiilliii °A 1 .41 ",•• •. IRONTON RE ET Qi 6 f J s. SPRI ' • 7:00.000:14.1"4. . i I ; trig OM I% allel•IMIM•fizils:; Ai , ,, ii• . 1. p. k7r, A •l L ` • ' • 107 il Y GLENC0 -.{•12� Iff r Al :DM “L.: -or Tor • ,r stohNi 111.04 ;•t ate■,• :.• ? ig41o ice. ma , T �I�� IaIit ,: ilrdl,r' 1t .( r Iv i,,' a n ,n• LY, 1 . N Y -a HO ' 4 it, • • MIN i 11 1i' ..,)ys. �i� `♦ LIBERTY i . g • \ ••� �� �� O ♦♦ LONGFELLOW \ 13i 5 •i i;• . •r7g 1 1 •.•,- • !o f o , ft,) , •r• `♦ ...,... •,,• R1VERVtEW\ . -R• •"' • `♦I.' • NEIGH fi )(- • \ �� d M • ZONING MAP Staff Report SP #91-04, David McCain Page 2 Request The petitioner requests a special use permit to allow construction of an addition to a single family dwelling located within the CRP- 2 (Flood Fringe) district. The request is for Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E. The petitioner has also applied for a variance to reduce the required front yard setback from 35 feet to 24 feet. The Appeals Commission, at their March 12, 1991 meeting, recommended that the City Council approve the variance request. Site Located on the property is a single family dwelling unit and a 12 ' x 20' accessory building. The petitioner has indicated that the accessory building will be removed upon completion of construction of the addition. The property is zoned R-1, Single Family Dwelling, as are the properties to the north, south, east, and west. Analysis The petitioner is proposing to construct a 32 ' x 40' addition which will include a two car garage, two bedrooms, and a living room to the existing house. The proposed addition will be a single story, and will not have a basement, but will have a crawl space beneath the structure as is typical of many dwellings in the Riverview Heights area. The proposed elevation of the first floor is 824, which is one foot above the flood elevation of 823. The petitioner should complete an elevation certificate once the addition is completed to verify that the first floor is above the required elevation. The proposed addition falls within the required lot coverage and meets all of the setback requirements with the exception of the front yard setback. The petitioner should provide a hardsurface driveway once the structure has been completed in accordance with the code requirements. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #91-04, to allow construction of an addition in the CRP-2 (Flood Fringe) District to the City Council with the following stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. Staff Report SP #91-04, David McCain Page 3 2 . The petitioner shall complete and record against the property a hold-harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3 . The petitioner shall provide a hardsurface driveway by November 1, 1991. SP #91-04 �avi Mrra• -i� v h - �+ • 2O, 3 t ' n W h O Z. I � szs • afTh M ll6 * E N v4 U ry ti imfic et SITE PLAN SP #91-04 David McCain i f-__ 1 t oT bfl v. \--:. j • 072 • 0....lei) - Q o 70 , O T • I 0 F ., I.i J gt aJNEM K y , A_ 7 j ," • b • i 1 ♦ • FLOOR PLAN SP #91-04 David McCain views 111111111 I ' - '; { : i . Il I JI I i , i I. +_I _al I ; " t , 4 • . ki i ' LI,.. [ . . 1 t I il 1 , 1 . . ., 1.... , 1 I I I II 1 Imo if. i , , 111111 t , 1 _ . - - II I . Ill11l1 . I 1 1 . 1 ELEVATION CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, 14N 55432 Ccamunitv Development Department (612) 571-3450 SPECIAL USE PERICET APPLICATION FORM PROPEWPY niroRMATIC - site plan required for suhnittals; see attached Address: 8'9 ,,, ,qoN-r 'NC- Legal description: /3.Z.Oc 7- i o.1s /4, /8/q ZO A' tic e vie uJ Lots/7//, /9,'20 Block / Tract/Addition /?,ye.- view Ai.? Current zoning: esiolGtl/ia I Square footage/acreage //, 00 0 Reason for special use permit: f3 S.ec f o r o c P/ao cl P/q,, 1 Section of City Code: FEE OWNER INFORMATION (Contract Purchasers: Fee Owners oust sign this form prior to processing) NAME u/ '/D S• `*sfleri. L. M (C<J/Al ADDRESS , fly' A9igjio.vT S' TA7 _ DAYTIME PHONE 716 -O X/ SIGNATURE 2?' _ /rtc L1ATE �//a 9/ t'i rrTIONER INFORMATION NAME s9�� ADS DAYTIME PHONE SICTURE DATE Fee: $200.00 X $100.00 for residential second accessory buildings Permit SP # I /-d y Receipt # 3 7 i O�i Application received by: Scheduled Planning Commission date: �7i IC? 1 Scheduled City Council date: 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, March 27, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 04, by David and Sheri McCain, per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of an addition to an existing house in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont 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: March 13, 1991 March 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. ., , Planning 3/8/91 SP #91-04 David and Sheri McCain MAILING LIST Council Virgil Acker William Wagner Robert Johnson 630 Glencoe Street N.E. 681 Ely Street N.E. 680 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ronald Hilson Richard Cook Forrest Wilson 645 Fairmont Street N.E. 690 Fairmont Street N.E. 670 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David McCain Jack Smith Thomas DeMaree 689 Fairmont Street N.E. 640 Fairmont Street N.E. 640 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Anna Wiebke Michael Scarcella Planning Comm. Chair 689 Fairmont Street N.E. 8090 Broad Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 City Council Members Kenneth Hopper Robert Kudla 675 Fairmont Street N.E. 688 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Kenneth Hopper Allan Stahlberg 676 Fairmont Street N.E. 8055 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Michael Arman Robert Eastman 8065 Riverview Terrace N.E. 641 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 William Super Richard Lincoln 190 Liberty Street N.E. 681 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 William Super John Rice 695 Fairmont Street N.E. 683 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Michael Malone Chester Schack 635 Ely Street N.E. 685 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Lerum Randy Robinson 651 Ely Street N.E. 635 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Jean Werner Robert Fournier 655 Ely Street N.E. 8095 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 i t » r y STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : March 27, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn immimmismoimillmilmilloommommimmom REQUEST PERMIT NUMBER SP #91-05 APPLICANT Randall 0lchefske PROPOSED REQUEST To allow expansion of a car wash in the C-2, General Business District. LOCATION 6520 East River Road N.E. SITE DATA SIZE 28,700 square feet DENSITY PRESENT ZONING C-2, General Business District ADJACENT LAND USES R-3, General Multiple Family Dwelling to the West and & ZONING South; C-2, General Business District to the North and UTILmES East. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP #91-05 ` Randall Olchefske N //2 $EC. /5, T30, R24 CITY OF FRIDLEY ( 91 \ II IZ _" ¢:O AN• DS H RO 1 A 0/7/SON Ii 9 i I P c ' it ✓ . A iteirik :0,)i 7,•••). - .N�41=.��_ Y of �` L J ` .r ",� % ram" nl' 1 • - ' ,,.. �. • - 1+� :�41 a Mee t r ! ,'` inietr. `� �.7 ••4 +co t-I -1 °b REV. �v , zo` II • - fMigli p M4 tl Bai 2 +P Alt CJ+I.a 6e'. r •. v ."i". S '� rF.1 _ _ .j AUD. SUB. - 1.. • eiti.IT ', i /Y riO 23 .- a ... OSTMA • ;IACKE LAKE 4RD.s straw V1, N Joi MAA 3 '` -0 '..x. PPrw'\•••:••• • c' *. . "'!41 leginiSra .. ... .''' s . ;` •:. M ' .141 ri • 1 ' • G /, N W pr 4 ,.+ ,m> G > -.N. Ls!: 41'.144)4 I ..., litk. .. ,------• .... , FR%D Z ','r / ..„. —1111..1-- gk._1Iqt_:j.'•t14 ,,-,,,,:•...,,:.,jo.,-'•,.. - ______ I ‹ -• . 4"1114.1P 3 .4[•,,t t-•'' ----- '.,',,J. '' : 41,677'• , '41E. .... •:. I I .. *#WS! mff- . ., ..., c�AttrY I I 1. �, :. . ii,r , • m '.tit 4s .. . __ ..f t Jie ,.....i. � W -.OW .1, 1 ; la \ ,�O RI `-'%w_•�-• • + NE. z , •,. Map • ,.till& '•. --e% - ; . , ,, 1.\ aria ii• 1 h. I'; ;....- ,.... wiP „, Si „„, :,; • r = �� s, N W0 o .. .1 01. 401 000. \ ::7, _,‘A.:1°4111.0"L 11/0' s 6; -4cf,r_Akiis -.:mok:-ME. gI•Ir ':.,ill., oL :t___1 f- 4*...---- ,.--•-- ITIW°.47 1. L, 4•Wartir 4,":',.:411 • :,r1 . 2. ...is 1 , ' 01° ..r 'lei .•,-, I ;I �' ;:, To . �to:- r'®id, �. I; \ 1 no , ti" 1 �a ` --= - -�. . .•.� ,. MISSISSIPPI-- WAY - It t * -- 13 19 14 .z-....:.._ . 11 LOCATION MAP L SP #91-05 Randall Olchefske • gtipwry2sramx. R-\-N‹ • S. P AZ • ›, . :: ma au;ii 6 t aatir EN- a mql ,. Cit i itp. i.,7,e it. 2 0.__ADIS..-:%' . . , izo i i alit • , si.\41),' ) g u ; ill haw f .1' i- -- a „,„ i) ,_,, .-„,,,, ,i . 1 i C. •:\j 1 r e I I II 1 \e"' i J 4 I 7 II Or r 1 I qi ''. rl c. ' i ... Sr*. (---- _1 rii? 4441,..rwa Kn. . .\ -,3 „I :•• •:•Y Li k „..._____-- ..- \ \ /i ;IX ... 1 1 ‘4U41100F4 4e 1/4 i 1 I DV .• .#26•,,,,.41 is \ N,cilfre,) .4.7.... \ _IF ,.. digoroiao.41,4,4 , . . ' s‘iligil,_°' %ea -Settlertitra ;111 .1 %oce • ,„a0 , f . • \\ el°,.wT/0. tte‘i:Wirgkil jak rpe;. . r„ •• • • •• • •••: 34 s Y • •I••:m ; i $Zt I• • , 1, • . � A J Redeemer rid i ;.•y • •. ,,,01 ►� �� cn►• � c ' •••,• �— � ' • • • i .•., . ii♦ MISS!SSIPPI WAY / , ,I t+4 1 Z :1 //i /A1 i 9.;-A.,02-szka...704,491i ' ,000 , , s7 • a O ra s--7--'4n lirl D �� , fS f P `i 64 `= w ■ s © fo i '' , 64 TH. WAY 7 ss i; A°94gf 4 IA • , 1 SE / 2 1 . I \1 \ \ WCIIIIITtil 1 �� .yorii11' la 1 631/ wAY 1 10001/ , siMunefia6emm •.,+ �,.�.,.H. iu Inv 1 plc s . ,i , 1 - RD. WAY P I�ar, aT®r ., ..,, I Amur _1��1�2�%I� f 1Rini 1 U r �� a. 3 . 3pli i •a ; ; e 4 .C' iri -� 4 f /• / i/A/s� :r -— . ;I,1 / ®eri v r ` •I`ala 1 ' I I ( • / © 2 �• 1 7A�+1� aep^P° Z. IN lJA�1Y OTAS�K 4 T S� 1• 9 �� A �.N s � T/ N zai § frik © VI' 4 ..... ._c___ ....._:: ZONING MAP Staff Report SP #91-05, Randall Olchefske Page 2 Request The petitioner is requesting a special use permit to allow the expansion of Riverside Car Wash located at 6520 East River Road N.E. The petitioner is proposing to construct additional building area to accommodate the interior cleaning of customer's cars. The petitioner has also applied for a variance to reduce the side yard setback from 35 feet to 19 feet. The Appeals Commission at their March 12, 1991 meeting recommended that the City Council approve the variance request. Site The property is located at the northwest corner of the intersection of East River Road and Mississippi Way. The property is zoned C- 2, General Business. There is R-3, General Multiple Family Dwelling zoning to the west and south, and addition C-2 zoning to the north and east. The car wash was last expanded in 1987. Analysis The proposed addition would remove a portion of the existing building and would accommodate an area for employees to vacuum the customer's cars and also clean the interior of the car windows, ashtrays, etc. , should the customer choose to purchase this option. The addition would have the ability to be totally enclosed during times of inclement weather. The existing mansard roof would be continued around the new addition and existing rooftop materials would be changed and would also be screened once the construction is completed. The proposed addition would not alter the traffic patterns on-site, nor would it impact traffic on the public right- of-way. The proposed addition will not impact the landscaped areas and the site is fully landscaped. The parking requirements are met through a permanent dedicated easement on the property to the north and the proposed addition will not add additional required parking. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #91-05, to allow expansion of a car wash in a C-2, General Business district to the City Council with the following stipulation: 1. Variance request, VAR #91-05 shall be approved. SP #91-05 Randall 0lchefske I i 1 .# •s•••••• . fr——;.——77.7--ii -1 • � TI 0 : mil Ai IN Li jI}11 . � �I I _47._ I j I • '. III AM ' i[a de �I 1 , " 1 (_J::TII dr! Lii ..:1::4 II )1 r s' i . L---------J I } ,I ! • 43 II 1 iQ •I; II 33. • • h A S a''• 1 �I IL <a 1 1 ?' j I ' a irg ---;;,..4-....,:, .—_,---/ : 0., ,:„. 4• -.,•___74:---:-_.---- f',4 0 I ri: ,--_,71,... 4-----.. `,1 1.1 14 () 2 . 1 / SITE PLAN 'CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDIEY, MN 55432 Community Development Department (612) 571-3450 SPECIAL USE PERHIIT APPLICATION Fo PROPERTY INFORMATION - site plan required for submittals; see attached Address: roS2-0 SOS /1114 /Zo)L2. Legal description: -172-D c ® - L D Ai ) J v.Q UE r / f 20 Lot Block Tract/Addition current zoning: C-e-- Square footage/acreage 4,2 8i 7 OO L"'�+Nd e,l I L .fc iQ w✓A L i2.Fmvs,2 f f e izf czy2/N6 Reason for special use permit: An Di L. Jfi2�'GAS, (t/,o c410/41f16 . -w>rNow c Section of City Code: 10/.4"01/,C.0 440 / ,+d Z,s05g JU/.O 1 , C, e (p FEE OWNER INFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �IL) LL ©,L& s�t,.' ADDRESS //O r/ ;--(3 114 ti ✓ /(/�G✓ 1 a21 j��al�j /✓�,", DAYTIME PHONE ��‘'- r/3 Q/t 'i- o SIGNATURE .e��4 -� , DATE 9/9/ i'i r1TIONER INFORMATION NAME eipp O.o z_L P Q Lek fr-c ADDRESS 7,,S- / a o" Av/ /J lea/ Tdti f 41„,, SSA/z anE Prom S/2474-2/�)0c� SIGNATURE . LATE9// Fee: $200.00 77 //y?-f $1000.00 for residential se(cordd accessory buildings Permit SP # / 1-O3 Receipt # 3 7/6 Application received by: Scheduled Planning Commission date: 31 Z 7 19 Scheduled City Council date: 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, March 27, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 05, by Randall P. Olchefske of Riverside Car Wash, per Section 205.14.01.C.6 of the Fridley City Code, to allow the expansion of a motor vehicle wash establishment on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road 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: March 13, 1991 March 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP #91-05 Planning 3/8/91 Randall Olchefske of Riverside Car Wash MAILING LIST Council Randall P. Olchefske Robert Andres Riverside Car Wash 3368 - 8th Avenue North 6520 East River Road N.E. Anoka, MN 55303 Fridley, MN 55432 Gerald Malchow Randall P. Olchefske 137 Mississippi Place N.E. 1651 - 20th Avenue N.W. Fridley, MN 55432 New Brighton, MN 55112 Robert Andres Tycon Management Inc. 117 Mississippi Place N.E. 321 University Avenue S.E. Fridley, MN 55432 Minneapolis, MN 55414 Paul Kelley Tycon Management, Inc. 157 Mississippi Place N.E. 6540 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Paul Kelley Resident/Owner 438 Royal Oak Drive 6550 East River Road N.E. Minnetonka, MN 55345 Fridley, MN 55432 Owner/Resident Klaus Freyinger 6489 Riverview Terrace N.E. 1323 Bohland Place Fridley, MN 55432 St. Paul, MN 55116 Gary Andelin Klaus Freyinger Murphy Oil 6530 East River Road N.E. 4600 W. 77th Street, #304 Fridley, MN 55432 Minneapolis, MN 55435 Michael Servetus Cemetery Spur Station 7170 Riverview Terrace N.E. 6443 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Resident/Owner Christensen Auto Body 6509 East River Road N.E. 6501 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Resident/Owner Planning Comm. Chair 6503 East River Road N.E. Fridley, MN 55432 City Council Members Shar-Ann Properties 3948 Central Avenue N.E. Minneapolis, MN 55421 Shar-Ann Properties 6551 East River Road N.E. Fridley, MN 55432 e �► STAFF REPORT APPEALS DATE CI1YOF PLANNING COMMISSION DATE : March 27, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn immilimmimmismimmimmimmmismimm REQUEST PERMIT NUMBER P.S. #91-02 APPLICANT Steve Bruns for Midwest Super Stop PROPOSED REQUEST To subdivide and clarify L.S. #87-03 LOCATION 8100 East River Road N.E. • SITE DATA SIZE 22,058 square feet DENSITY PRESENT ZONING C-1 , Local Business ADJACENT LAND USES C-I, Local Business to the North; R-1 , Single Family & ZONING Dwelling to the West; PUD, Planned Unit Development to UTILITIES the East. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION I P.S. #91-02 Steve Bruns ; 1 ,41, .. 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St. tittilitillitlift .°1111"s lts: 1.i.:::—:1:::;:17RI:14 Li E4:1)1!1:‘ b:11,44'41!(.4"--;::.bil jjv it14 i'.1 . r .7 Ti o Silt . . . ii fti .25, • AA - -kg‘ . r- 4Ti 4: f ,410 4 e PVc,,,, ,,, I• •:. .4 ill •1* °7) % 66)ti ,i 1 •6 '' F a i 09-%- - 0 V: je ...!*-. . '- , •40. go0 li 56- littitirart 11%,04e`c3/ • I '.-"..") 6)47 .ku it - cittilititelitklitiVI. S. .1111111P 19 . 1 .. El * Vt‘t LOCATION MAP • L P.S. #91-02 Steve Bruns • „\\11: w- vs\ . i. yCITY �,:;OF �,: aBP2 Oft iTHOMPSON•• ��•�� � n -G> R/VERV/EW ..s_ , HEIGHTS 0 •1111510 �V.. � \ to•I 0 0,.1 0 aitt*I). 6 iii II ONTON ' ' i 42; 1, 1IP�ili�� illillir ) RE ET r_ .. s IMICIC311111,11111111_14-TA.: 2‘ ! L A �� � r t wrENCO .., •..T , PARK r .:in �tii ') Prf�� G Q�� l" '..'-- 141d4T1141174 ' 1•bun low_P:iill ROT' v' '.1 Iiir nag .vi- :::0.3:0A oil mi%ts", s� eat , t....kr Its N ELr � • y o . �+ • Q t y iiIiii„„....ccow/gA‘- i � ,// Q 4.0•. • ` LIBERTY i 11111 . f ia\ I MO\ . at li.�� ::: i. . = �♦ LONGf LLOW i \E . 'IP . .1 i i \ \ 4, r , 4-'4, i A 4:1 lir % 4 • • • Ism: . [ �' d s.. .• •. •• ;'• • • • C1RJ t ' R ♦ c► • • t 111. 11111111111 ,�Q t• • C,•9< •••.I. \•• • t . 6, I • \ • ! '� `•-„,, y ARV` •~ • •••, • t.‘ .. 1 ZONING MAP Staff Report P.S. #91-02, Steve Bruns Page 2 Request The petitioner is requesting that a Registered Land Survey be approved by the City Council in order to allow a lot split which was processed in 1987 to be recorded at Anoka County. The request is for 8100 East River Road N.E. Site Located on the property is a gas station/convenience store (Midwest Super Stop) and is located at the southwest corner of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-1 zoning to the north. The property to the west is zoned R-1, Single Family Dwelling, and PUD, Planned Unit Development zoning is to the east. Analysis In 1987, the City processed a lot split to realign the west property line of the subject parcel with an existing fence that is located to the rear of the gas station (see attached map from 1987 request) . After an extension to record the lot split was granted by the City in 1988, the property was sold to the petitioner's client. In attempting to record the legal description at Anoka County, the County refused to record the document and requested that the petitioner process a Registered Land Survey to clarify the legal descriptions of the parcel. The proposed Registered Land Survey will create four parcels; Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C should be deeded to the property owner to the west. It should be noted that the lower portion of the triangle which was originally split in 1987 is torrens property and has been recorded, while Tract C is considered abstract property and will be deeded once the Registered Land Survey is completed. The property will meet the minimum lot area requirements for the C-1, Local Business district regulations. Several of the stipulations are outstanding from the 1987 approval, and should be applied to the request (see letter dated July 6, 1990) . Recommendation Staff recommends that the Planning Commission recommend approval of the Registered Land Survey to the City Council with the following stipulations: 1. Complete curbing along the south side of the parking lot. Staff Report P.S. #91-02, Steve Bruns Page 3 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka County as right-of-way for East River Road. 4. Combine Tract A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/walkway easement dedicated to the City by Ms. Gabrelick, previous owner. P.S. #91-02 Steve Bruns / Q I S TF/ i Lati'D SLI471 'Ef' A/O. CITY OF FR/DL EY COUNTY OF AiVO/W . • O oencfes iron monomer)!' . •. • oeneres iron mc.•7umen,/ #2.,'nd- Mt oricn/a.ion r Ibis bertriri.i4 S✓s'."'n is =.3 ti, . baste/ on 'tit .rouhh dine of 1,7e S'il of/Se ;, i1'YVI,'4 or feclino 3, Nip. 3^, % .24' tiaVin1 `1 33 �� , �' an assumed !yea,•ins of C,7S A. ‘. 33 1 �� ` `' ('3 Sada in Fee 1 \ ` \ , 0 IS Jr Co _90 •> - - G7 �- ( Scale l loch . 3D - - �n `' ` • e-- a � ,, / i c ti I in +t?; • r I K 6'E . - - _ z l { A ^.,' • ^175•1 •90 - 33 • `;o �• \ 1I2 . \ ._ ? �/ 7 (" .4 ., n."...\ .-. • - va ��3 it 0 �� •-•:: Q a\ , <n ' "�, >>sr- r' , . A •m • .,.' � VA ',,- :,;, ri.- U, i a ii ' .S /) NN 1,n c P ' E. o 3 ?, ` �M �'o t � , , T t t T r_'- .I 1 4.04- `--) ' I. . ', C�.S7 1 117.05 a o '- G n ai°27'48-E ;z Ce ,4a • z _ \�. .. �r ' r,. _ 58A �• _� -6.', .,. (0-.< .y Le:1.7J:.-r7 fJ m vh n C ,i r ! n n J, nrrr,nr, • Q v. `off, Z . TRACT B I . • 1'. • 0Y : • v c 1 • v s... 7 sQT? 1 •, ' • S I, • • • .- 45.PO - 118.00 34.12 • - ?,.P,;. _ .: 152 1B - l \, Ea S r . . ..: .'. • • _rr.,.:,r' :, :tc- 3.^, ;Se 2e,' \ 33 . / SITE PLAN 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, March 27, 1991 at 7: 30 p.m. for the purpose of: Consideration of a Registered Land Survey, P.S. #91-02, by Steven Bruns for Midwest Super Stop, to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly of the southerly extension of the center line of Est River Road, as shown on said plat (now known as County State Aid Highway No. 1) , and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45.00 feet east from the southeast corner of said Lot 2. 444C7- That pert- of Lot 50, Block J, Riverview Heights, lying East of a line drawn parallel to and 150 feet East, measured at right angles from the West line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road 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: March 13, 1991 March 20, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Community Development Department • (612) 571-3450 PLAT APPLICATION FORM PROPERTY IINPORMATION - site plan required for submittals; see attached Addrws: 8100 East River. Road, Fridley, MN Legal description: See attached at, Block Tract/Addition Tract A - 6103 Tract C - V Current zoning: C-1 Square footage/11 g Tract B - 15776 • Reason for plat: Registered Land Survey required by Anoka County Registrar of Titles FEE INNER INFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Donald M. and Patricia A. Kisch Ammrs 9855 Revere Lane North Maple Grove, MN 55369 LAYTIME HIONE a y 7.3 samauRE DATE g /y- 9/ SIGNATURE DATE c - / 9/ 1 11TiONER INFORMATION NAME Steven H. Bruns, attorney for fee owner ADI>RESS 1900 Silver Lake Road, Suite 202 New Brighton, MN 55112 DArrimEpHoNE 636-1500 SIC ,ZURE %$?M _ DATE c L-/9-f/ ee:$500.0 'or 20 lots $ 15.00 for each additional lot Permit P.S. # '/ -a Z it # l 5-- Application received by: �� (� -��_, Scheduled Planning Ccamnissio date: qad,i Scheduled City Council date: That part of the Southeast Quarter of the Northwest Quarter of Section 3 , Township 30, Range 24 , Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, "RIVER VIEW HEIGHTS, Anoka County, Minnesota" and the easterly extension of said south line, westerly of the southerly extension of the center line of EAST RIVER BOULEVARD , as shown on said plat (now known as County State Aid Highway No. 1) , and easterly of a line drawn from a point on the east line of Lot 2, Block 1, WAYNE'S FIRST ADDITION distant 1.50 feet south from the northeast corner of said Lot 2 to a point on the south line of said Southeast Quarter of the Northwest Quarter distant 45 .00 feet east from the southeast corner of said Lot 2 . That part of Lot Fifty (50) , Block J, Riverview Heights, lying East of a line drawn parallel to and One Hundred Fifty (150) feet East, measured at right angles from the West line of Lot Thirteen (13) , Revised Auditor' s Subdivision Number One Hundred Three (103) , Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Anoka County. Planning 3/8/91 P.S. #91-02 Steven Bruns MAILING LIST Council Page 1 of 2 Steven Bruns Diane Olson Gerald Motyl 1900 Silver Lake Road, #202 538 Glencoe Street N.E. 526 Ely Street N.E. New Brighton, MN 55112 Fridley, MN 55432 Fridley, MN 55432 Donald and Patricia Kisch Herbert Bixler Leonard Mathison 9855 Revere Lane North 530 Glencoe Street N.E. 514 Ely Street N.E. Maple Grove, MN 55369 Fridley, MN 55432 Fridley, MN 55432 Jeffrey 011estad7~' Randalph Sering Donald Hanson 501 Glencoe Street N.E. 528 Glencoe Street N.E. 511 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richard Ruprecht Thomas Leonard Hiep Nguyern 115911 Silverrod Street 526 Glencoe Street N.E. 8114 Fairmont Circle N.E. Coon Rapids, MN 55408 Fridley, MN 55432 Fridley, MN 55432 David Morgan Donald Warhol Gary Velishek 527 Glencoe Street N.E. David Ryan 8112 Fairmont Circle N.E. Fridley, MN 55432 520 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Frederick Turbin Frederick Erickson 529 Glencoe Street N.E. Dennis Swanson 8110 Fairmont Circle N.E. Fridley, MN 55432 524 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Frank Steen James Zirngible 521 Fairmont Street N.E. Debra Langer 8106 Fairmont Circle N.E. Fridley, MN 55432 548 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Margaret Hasbrook William Gorman 531 Fairmont Street N.E. Jesse Larson 8104 Fairmont Circle N.E. Fridley, MN 55432 544 Fairmont treet N.E. Fridley, MN 55432 Fridley, MN 55432 Ardella Freitag Emery Gervais 537 Fairmont Street N.E. Rolan Bitzer 8102 Fairmont Circle N.E. Fridley, MN 55432 534 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Bruce Emerson Karin Fjeldos 545 Fairmont Street N.E. Ralph Swanson 8161 East River Road N.E. Fridley, MN 55432 511 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Charles Datko Mary Jo Krauel 547 Fairmont Street N.E. Richard Dronen 8151 Fairmont Circle N.E. Fridley, MN 55432 523 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Tinker Raymond Arnold 546 Glencoe Street N.E. Janice Anderson 8141 Fairmont Circle N.E. Fridley, MN 55432 537 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 P.S. #91-02 Steven Bruns Page 2 of 2 Rodney Lamb Dale Pearson Clara Matasky 8131 Fairmont Circle N.E. 8150 East River Road N.E. 501 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Vincent Villella Dale Pearson Randal Davis 8121 Fairmont Circle N.E. 11750 Juniper Street N.W. 471 Ely Street N.E. Fridley, MN 55432 Coon Rapids, MN 55433 Fridley, MN 55432 John Maron Service Centers of America Richard Wallace 8111 Fairmont Circle N.E. 1500 - 99th Lane N.W. 8080 East River Road N.E. Fridley, MN 55432 Blaine, MN 55434 Fridley, MN 55432 Robert Fritch Mabel Cooper Rebecca Olson 8101 Fairmont Circle N.E. 513 Fairmont Street N.E. 351 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 E. Paul Lian,,,9 James Evanov J1,,1 Donovan Curtis 8087 Fairmont Circle N.E. 500 Glencoe Street N.E. 361 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gregory Shipshock Leyone Dressel Clifford Oberg 8071 Fairmont Circle N.E. 490 Fairmont Street N.E. 360 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James Johnson Bernard Scholzen Lolita Reitsma 8057 Fairmont Circle N.E. 480 Fairmont Street N.E. 3450 - 152nd Lane Fridley, MN 55432 Fridley, MN 55432 Andover, MN 55306 Merton Bettendorf Midwest Super StopAj Lolita Reitsma 8041 Fairmont Circle N.E. 8100 East River Road N.E. 8051 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Joseph Kostuch Gill Hummell Freger West 8027 Fairmont Circle N.E. 8729 Central Avenue 3540 - 152nd Lane Fridley, MN 55432 Blaine, MN 55434 Andover, MN 55306 Scott Quittem Patricia Chavez Planning Comm. Chair 499 Glencoe Street N.E. Lawrence Miskowiec Fridley, MN 55432 440 Ely Street N.E. City Council Members Fridley, MN 55432 Floyd Bradley 9648 Quincy Street N.E. Pamela Jones Blaine, MN 55112 470 Ely Street N.E. Fridley, MN 55432 BAS Enterprises 3710 Central Avenue N.E. Ronald Salo Minneapolis, MN 55421 490 Ely Street N.E. Fridley, MN 55432 L.S. #87-03 •_ i ` k Bernadette Benson r __ CERTIFICATE DF SURVEY • purvey for t).?)(11 )a (-?4" 'or, • (Job No. I Bk. / Pq. 26_ I FAhe/1/!o rr 5TR.5E7— • NE•code 2a z p PLAT //3./9 � aI , k� ZOT �O 338• N p0 .5 . E 82OCK T cO'I RIVER YiJ W Ha/GHTS }° triNi �• ' a Spy -��. L D T Z f. tkr '� �Re .( .�- ,nor J� s 54 31 • • `-4 A 4 V Q t ,t 3. hr 21,E Q tc/`7 ��. . t.) • 43*Ae r - p I\ 0 tit! 0y 4v N boo , 1 I' coo kcz: , so) : LoT .3 tiN o -4 o �otia REY/6ED A-1ID7 ToA's wv " _ `�l SLL•BD/VYS/ON Wa /03 �Q 4A C K`x MET. i 4.x r r S 5 snFo r . • 1 FN� So t SCALE 1 "• 30 .4''ve - - - B = .T•R0N Mimi—twill - Q r%RGNMOM• SET • /,‘e //>=' • •(c6 ,15',4' i hefty certify that this is a true and corroct represontation of a survey of the boundaries cf Tia PROP ' - ' )y AS D 'R1>8., 0,.ON.SA/EE-T 2 SAND /i4i County.Minnesota and of the location of ail buildings thereon•and all visible encroachments.If any,from or on said Iand.Surveyed by ms this. �� day.ot /YOMCMS 'R . 19 84- • R V I S ED FFB. S, 1986 . --car./ PAUL�A�S�/987 PAUL B. SCHOBO 4 • • • MINN. STATE REG. NO. 14700 ,,i SCHOBORG LAND SURVEYING • t t RT. 2, BOX 133 • DELANO,MN. 55328 • • S'//EET / of 2 97Z. -, 3g21 :11177 CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX(612)571-1287 July 16, 1990 • Bernadette Benson 5716 - 42nd Avenue North Robbinsdale, MN 55423 Dear Ms. Benson: This is to review the outstanding stipulations that need to be completed as a result of Lot Split, L.S. #87-03, approved by the City Council on June 1, 1987 and the Special Use Permit, SP #84- 16, approved by the City Council on November 5, 1984. As of this date, the following items need to be completed: 1. Recording of the 17 foot road easement along East River Road. We have this easement in our possession; however, we have been unable to record it because we have not been able to obtain the certificate of title from Joyce Gabrelcik. 2. Complete the curbing along the south side of the parking lot. 3. Construct a masonry dumpster enclosure with a chain link fence with vinyl slats. 4. Although all of the landscaping stipulations have been met, some of the landscaping on-site is dead and needs to be replaced. Further, the landscaped rock areas may need to have weeds removed. The parcel is zoned C-1, Local Business District. A car wash is not a permitted use in the C-1 district. A rezoning to C-2, General Business District, would have to be approved as well as a special use permit. Sincerely, Barbara Dacy Planning Coordinator cc: Donna Strusinski BD/dn C-90-279 . Mnnerute Unrrurnr Uuu•e.�..... ..._.... Form Na.2BM—QUIT CLAIM DEED _ • e Indrvulual RI to Corootetwn 1. or Partne,mtP I No delinquent taxes and transfer entered:Certifi of Real Estate Value ( ►tiled ( )not requL Certificate of Real Estate Value No. ,19 County Auditor • by Deputy STATE DEED TAX DUE HEREON: $ -0- Date: July 12 .19 88 • (reserved for recording data) FOR VALUABLE CONSIDERATION. Joyce B. Gabrelcik, Widow, Not Remarried ,Grantor(a), (mxitel eterod) hereby convey(s)and quitclaim(s)to the City of Fridley ,Grantee, • ,,,A.:,,;„:.,:.....,. a Municipality under the laws of Minnesota . real property in Anoka County,Minnesota,described as follows: A 17-foot street, utility, and bikeway/walkway easement described as follows: Lying within that part adjacent to and 17 feet west of, as measured at right angles to, the west line of East River Road as is now laid out and constructed • located within that part of lot 50, Block J, Riverview Heights lying east of a line parallel with and 150 feet east of as measured at right angles to, the west line of Lot 13, Revised Auditor's Subdivision No. 103 and also located within that • part of said Lot 13. The City of Fridley hereby accepts this easenent for the above-mentioned purposes. Shirley A. Haapala - City Clerk (if more spats k needed.continue on beck) together with all hereditaments and appurtenances belongin hereto. Joy601. Gabrelcik V ;• STATE OF MINNESOTA Is. COUNTY OF ANOs A �, The foregoing instrument was acknowledged before me this }%Aday of /LY f LJ ,19 YJ, by ./( i'4" b C 4••"ii[N�F-1 LJ, J:....,/ 4..c,/- ��"n-tc cr,•ice( 7 ,Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) I - �-- //E NATVR PER KENO ACKNOWLROOMEN7 it NOTARY OT Ta S menu for tie reel property derlbed In We MrumeRi should •. ... AIIY IU 8i aI/C-MaaNaSOTOTA W o O a M(Include nape end address of Grantee): ANOKA COUNTY My Commission Ewen.Apr•a?MI City of Fridley 6431 University Avenue --. _.-_- --- Fridley, PIN 55432 THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): • City of Fridley 6431 University Avenue Fridley, NN 55432 PLANNING COMMMISSION MEETING, MAY 6, 1987 PAGE 12 Mr. Eillings stated he wanted the City Council to note that at least three Planning Commission members were in favor of two lots rather than three lots. Also, they would like the City Council to note that the garage trat a permit was issued for in 1983 has not yet been completed. 5. CONSIDERATION OF A VACATION RESUEST, SAV #87-03 BY DON ' OLSON: To vacate a 6 foot drainage and utility easement cre. -d by Veit's Second Addition, generally located at 6431 East River Ro.. N.E. Mr. Robinson stated there was presently a 6 . utility easement that ran across the middle of the existing lot. T. 's would have to be vacated in order to build a new house. There were no ilities in that easement. The only recommendation they had was from NSP and Nortel Cable that the easement be replaced with a 10 ft. easement . •ng the west and along the north side of the property. The prior stipu .tions with the plat included the provision for that easement and also at there be underground electrical service. There were no further sti . lations. MOTION by Ms. Sherek seconded by fir. Kondrick, to recommend to City Council approval of Vacat' .n Request, SAV #87-03, by Donna Olson, to vacate a 6 ft. drainage and ut' ity easement created by Veit's Second Addition, generally located at 6' . East River Road N.E. Upon a v• ce vote, all voting aye, Chairperson Billings declared the motion carrie unanimously. Mr Robinson stated this vacation request and the preliminary plat would go o City Council on June 1. 6. CONSIDERATION OF A LOT SPLIT, L.S. #87-03, BY BERNADETTE BENSON OF MIDWEST SUPER STOP: To split off all that part of Lot 13, Revised Auditor's Sub- division No. 103, Anoka County, Minnesota, according to the plat on file and of record in the office of the Anoka County Recorder, lying easterly of the easterly line of Lot 2, Block 1 , Waynes First Addition and westerly of a line drawn from a point on the easterly line of said Lot 2, Block 1 , distant 1 .5 feet southerly of the northeast corner of said Lot 2 to a point on the easterly extension of the southerly line of said Lot 2, Block 1 , distant 45.0 feet east of the southeast corner thereof, generally located at 8100 East River Road N.E. Fir. Robinson stated the property was located on the southwest corner of Fairmont and East River-Road. In 1984 a special use permit was issued for the construction of a gasoline facility. He stated the petitioner, Bernadette Benson, had done a very nice job of rehabbing that corner. After moving into the building, they discovered their property line was not identical to the fence line west of the building but ran at a drastic angle to what would be the side and back yard of the adjacent family house. In order to clean up this problem, they have agreed to split the property west of the fence and will be selling the property to the neighbor who will combine that with his lot which will then bring his lot up to code. After the split, the lot area for the gas station will be 21 ,800 sq. ft. which was more than adequate by code. Code requirement was 20,000 sq. ft. PLANNING COMMISSION MEETING, MAY 6, 1987 PAGE 13 Mr. Robinson stated Staff was recommending the following stipulations: 1 . Execute and return street easement agreement (17 ft. along East River Road) prior to recording lot split. 2. Provide dumpster screening prior to recording lot split. 3. Provide hedging along Fairmont Street with edging, weed barrier, and mulch prior to recording. 4. Subdivided parcel to be added to residential lot to west concurrently with recording. MOTION by Mr. Bondow, seconded by Mr. Kondrick, to recommend to City Council approval of Lot Split, L.S. #87-03, by Bernadette Benson of Midwest Super Stop, with the following stipulations: 1 . Execute and return street easement agreement (17 ft. along East River Road) prior to recording lot split. 2. Provide dumpster screening prior to recording lot split. 3. Provide hedging along Fairmont Street with edging, weed barrier, and mulch prior to recording. 4. Subdivided parcel to be added to residential lot to west concurrently with recording. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. Mr. Robinson stated this would go to City Council on May 18. 7. RECEIVE MARCH 2, 1987, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Betzold, to rec- . e March 2, 1987, Parks & Recreation Commission minutes. Upon a voice vote, all voting aye, Chairperson : llings declared the motion carried unanimously. 8. RECEIVE APRIL 2 1987, HUMAN RESOURCE OMMISSION MINUTES: MOTION by Ms. Sherek, seconded b, Ir. Betzold, to receive April 2, 1987, Human Resources Commission mi • tes. Upon a voice vote, all toting aye, Chairperson Billings declared the motion carried una ously. 9. RECEIVE APRI • , 1987 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION 9 Mr. Kondrick, seconded by Ms. Sherek, to receive the April 9, 1987, Housi , . & Redevelopment Authority minutes. spon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. • r . COUNCIL MEETING OF MAY 18, 1987 be approved by staff; driveway to be at least three feet from adjoining lot; driveway slope to be reduced as much as possible; and owner to secure NSP authorization of garage placement prior to construction. Mr. Robertson stated staff had recommended the garage facade match the house, however, the petitioner stated the house has white steel siding and since the garage would be close to the park, possibly a= redwood facade would be more appropriate. Be stated the Planning Commission's recommendation is that the garage facade be approved by staff. Mr. Gustafson stated he has contacted Northern,States Rower and they did not have any objection to his placement of the gage on this property. MOTION by Councilman Goodspeed to concur with the recommendaton of the Planning Commission and grant special use permit, SP #87-08, with the following stipulations: (1) garage ,facade to be approved by staff; (2) - driveway to be at least three feet Fran adjoining lot; (3) driveway slope to be reduced as much as possible; and (4) owner to secure NSP authorization of garage placement prior to construction. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #87-03. OLIVER OLSON ADDITION, BEING A REPEAT OF LOT 1. BLOCK 1, VEIT'S 2ND ADDITION, AND LOT 26'. REVISED AUDITOR'S SUBDIVISION NO. 23, THE SAME BEING 6430 EAST RIVER ROAD N.E., BY IX)NNA OLSON: MOTION by Counciloan Fitzpatrick to set the public hearing on this preliminary plat Al June 1, 1987. Seconded by Councilman Schneider. Upon a voice vote, ,al voting aye, Mayor Nee declared the motion carried unanimously. 7 D. CONSIDERATION OF A VACATION RBDUEST. SAV #87-03, TO VACATE A 6 FOOT DRAINAGE AND UTILITY EASEMENT CREATED BY VEIT'S SECOND ADDITION, GENERALLY LOCATED AT 6430 EAST RIVER ROAD N.E. , BY DONNA OLSON: MOTION by Councilman Fitzpatrick to set the public hearing on this vacation request for June 1, 1987. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. E. CONSIDERATION OF A LOT SPLIT. L.S. #87-03, TO SPLIT OFF PART OF LOT 13, REVISED AUDITOR'S SUBDIVISON NO. 103. GENERALLY IACAIT.1) AT 8100 EAST RIVER ROAD, N.E. , BY BERNADErrE BENSON OF MIDWEST SUPER STOP: Mr. Robertson, Community Development Director, stated this property is located on the southwest corner of Fairmont and East River Road. He stated in 1984, a special use permit was issued for construction of a service station. He stated after the petitioner moved into the building, they discovered their property line was not identical to the fence line west of the building, but ran at a drastic angle to what would be the side and back yard of the adjacent home. He stated in order to clear up this problem, the -7- COUNCIL MEETING OF MAY 18, 1987 petitioner has agreed to split the property west of the fence and sell the property to the neighbor who will combine it with his lot to bring it up to code. He stated after the lot split, the lot area for the service station will be 21,800 square feet which is more than adequate as the code requires 20,000 sere feet. Mr. Robertson stated the Planning Commission reviewed this request on May 6 and recommended approval with the stipulations that the petitioner execute and return a street easement agreement (17 feet along East River Road) prior to recording the lot split; dumpster screening be provided prior to recording; hedging along Fairmont Street with edging, weed barrier, and mulch be provided prior to recording; and the stih7ivieed parcel be added to the residential lot to the west concurrently with recording. MOTION try Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant lot split, L. S. #87-03, with the following stipulations: (1) petitioner execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) dumpster screening be provided prior to recording lot split; (3) hedging along Fairmont Street with edging, weed barrier, and mulch be provided prior to recording; and (4) snhrl,vided parcel to be added to residential lot to the west concurrently with recording. Seconded try Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION Ey Councilman Goodspeed to receive the minutes of the Planning Commission meeting of May 6, 1987. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MARCH-30, 1987: MOTION by Councilman Schneider to receive the minute's of the Charter Commission meeting of Mare 30, 1987. Seconded try:Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF EXECUTING A HOLD .HARMLESS AGREEMENT WITH THE FMC CORPORATION ON THEIR STORM WATER SYSTEM AND PAYMENT OF STORM WATER FEES: Mr. Flora, Public Works Director, stated after considerable negotiation with FNC, the City has received a4iold harmless agreement for the storm water system within the FMC-Navy'property and extending across the Anoka County Park to the Mississippi-''River. He stated the agreement establishes total responsibility for that system to FMC and holds the City and County harmless. Mr. Flora stated since this is a private system and the City now has an agreement that FMC will maintain it, he would recommend the Council authorize execution of this agreement. Mr. FLafa stated FMC has requested the City waive the past and present storm water drainage fees. He stated since the fee was acbpted, FMC has not paid ,riy of those charges and are in arrears $13,416.42 and a current fee of -8- • • FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1988 6. CONSIDERATION OF A REZONING ZOA #87-01, TO REZONE FROM R-3, GENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDIW TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR ANOKA .COUNTY, MINNESOTA, THE SAME BEING 6501 EAST RIVER ROAD N.E„ BY CHRISTENSEN AUTO DY: Mr. Robertson, (bnunity Development Director, stated a hearing on this rezoning was held on March 11, 1987 before the Planning Commission and they recommended approval with several stipulations. He stated a public hearing was scheduled before the Council for April 6, 1987, however, the petitioner requested the item be tabled in order to work out a concern regarding the stipulation for a street easement. He stated this concern has been addressed and the petitiwlef wishes to proceed with the public hearing before the City Council,.--` M3TION by Council nFitzpatrick to set the public hearing on this proposed rezoning for-i+'Carch 28, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vpte, all voting aye, Mayor Nee declared the motion carried una usly. 7. • OOr,SIDERATION OF AN EXTENSION OF A LOT SPLIT, L.S. #87-03, BY BERNADETTE BENSON OF MIDWEST SUPER STOP: Mr. Robertson, (bmrnunity Development Director, stated the petitioner has requested a three month extension from this date in order to record a lot split, L. S. #87-03, approved by Council on June 1, 1987. He stated it is suggested this extension be approved, with the following stipulations: (1) execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening prior to recording lot split; (30) provide hedging along Faiimont Street with edging, weed barrier and mulch prior to recording; and (4) subdivide parcel to be added to residential lot to west concurrently with recording. MOTION by Councilman Fitzpatrick to approve a three month extension of Lot Split, L. S. #87-03, to June 7, 1988 with the following stipulations: (1) execute and return street easement agreement (17 feet along East River Road) prior to recording lot split; (2) provide dumpster screening proir to recording lot split; (3) provide hedging along Fairmont Street with edging, weed barrier and mulch prior to recording; and (4) subdivide parcel to be added to residential lot to west concurrently with recording. Seconded by (buncilman Schneider. Upon a voice vote, all voting aye, rayor Nee declared the motion carried unanimously. 8. CIONSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR RIVERBOAT PLAZA, 7899 EAST RIVER ROAD: Mr. Robertson, (humility Develoient Director, stated the petitioner, Mr. Klus is appealing the Council's action on this shopping center' s sign plan which was approved by Council•'on July 20, 1987. He stated because the notice that this item would'be on the (buncil's agenda went to the shopping center's address and not Mr. Klus' residence or business, Mr. Kius felt this -11- • r •