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05/27/1992 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MAY 27, 1992 7:30 P.M. Public Copy Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MAY 27, 1992 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: May 13, 1992 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-05, BY GERALD AND DOROTHY PEHL: Per Section 205.08.01.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet, on the North 213.0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands 1st Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. REVIEW OF RESEARCH REGARDING CAR WASHES IN THE C-1, LOCAL BUSINESS DISTRICT (Tabled 5/13/92) PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #92-03, BY DON KISCH: Per Section 205.14.01.C. (6) of the Fridley City Code, to allow a motor vehicle wash establishment, on Tracts A and B, Registered Land Survey No. 125, generally located at 8100 East River Road N.E. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF APRIL 21, 1992 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 7, 1992 OTHER BUSINESS: ADJOURN: , 1 J CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 13, 1992 CALL TO ORDER: Chairperson Betzold called the May 13, 1992, Planning Commission meeting to order at 8:00 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, Connie Modig, Larry Kuechle (for Diane Savage) Members Absent: Dave Kondrick, Sue Sherek, Brad Sielaff Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Leo & Virginia Paquette, 1479. Mississippi St. Gary Lenart, 6070 Central Avenue Angela Mulhern, 6070 Central Avenue Gary Obrycki, 6267 Kerry Lane Tom Obrycki, 820 - 86th Lane, Coon Rapids Barb Severni, 7145 Riverwood Drive Joan LaTour, 80 Alden Circle Diane & Josephine Naumovich, 100 - 71 1/2 Way Arnold Aspenson, 112 - 71 1/2 Way Greg & Mary Maness, 106 - 71 1/2 Way Don Kisch, 9855 Revere Lane, Maple Grove APPROVAL OF APRIL 22, 1992, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Modig, to approve the April 22, 1992, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-04, BY LEON PAOUETTE: Per Section 205.07.01.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet on Lot 15, Revised Auditor's Subdivision No. 10, generally located at 1479 Mississippi Street N.E. MOTION by Mr. Kuechle, 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 8:02 P.M. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 2 Ms. McPherson stated the petitioner is requesting a special use permit to allow the construction of a second accessory structure over 240 sq. ft. The property is zoned R-1, Single Family Dwelling, as are the adjacent properties. Ms. McPherson stated that located on the property is a single family dwelling unit, a 14 ft. by 28 ft. single car garage, and a 14 ft. by 20 ft. utility shed. The petitioner is intending to remove the existing 14 ft. by 28 ft. single car garage and construct a 20 ft. by 20 ft. double car garage. Ms. McPherson stated that because the petitioner is proposing to remove the existing 14 ft. by 28 ft. single car garage, the remaining utility shed becomes the first accessory structure. Because the proposed double car garage exceeds 240 sq. ft. , the Code requires a special use permit for the garage which is the second accessory building. Ms. McPherson stated the proposed garage would not adversely impact the subject parcel or the surrounding parcels as the proposed lot coverage would only be 4.2%. It appears the petitioner will be able to meet the setback requirements. As conditions of approval, a hard surface driveway shall be provided, and the garage shall be architecturally compatible with the single family dwelling unit and not exceed 14 feet in height. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of this special use permit request with the following stipulations: 1. The proposed garage shall be architecturally compatible with the single family dwelling unit. 2. The proposed garage shall not exceed 14 feet in height. 3. The petitioner shall provide a hard surface driveway by May 1, 1993. Mr. Paquette stated he had nothing to add to the staff report. He stated he has no problem with the stipulations as recommended by staff. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend to City Council approval of Special Use Permit, SP #92-04, by Leon Paquette, per Section 205.07.01.C. (1) of the Fridley City Code, to PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 3 allow a second accessory building over 240 square feet on Lot 15, Revised Auditor's Subdivision No. 10, generally located at 1479 Mississippi Street N.E. , with the following stipulations: 1. The proposed garage shall be architecturally compatible with the single family dwelling unit. 2. The proposed garage shall not exceed 14 feet in height. 3. The petitioner shall provide a hard surface driveway by May 1, 1993. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 1, 1992. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #92-04, BY GARY LENART: To replat the North 250 feet of the East 830 feet of Govern- ment Lot 1, Section 24, into two parcels, generally located at 6070 Central Avenue N.E. MOTION by Mr. Saba, 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 8:15 P.M. Ms. McPherson stated the petitioner is requesting that a preliminary plat approved in order to create two single family lots for existing residences located on property addressed as 6070 Central Avenue N.E. The property is located west of Central Avenue, east of Moore Lake, and north of Moore Lake Beach Park. The property is zoned R-1, Single Family Dwelling, as are adjacent parcels. McPherson McPherson stated the petitioner is interested in purchasing the westerly dwelling unit, and the petitioner is proposing to add a 30 ft. by 30 ft. addition to the existing dwelling unit. The petitioner is aware of the setback requirements and have determined they will not require any variances. Ms. McPherson stated the plat creates two lots which do meet the minimum lot requirements of the R-1, Single Family Dwelling, zoning district regulations. The plat creates what is known as a "flag lot" in which the westerly parcel will have an access flag of 30 feet along Central Avenue. This meets the requirement to have a minimum of 25 feet of access along a public street for every single family parcel in the City. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 4 Ms. McPherson stated the north/south lot line between the two parcels is currently located 31 1/2 feet from the easterly dwelling unit. The setback requirement for the front parcel is 40 feet, and the surveyor has relocated the proposed lot line to meet the ordinance requirements. Ms. McPherson stated the access for the rear lot is currently on the front parcel, and some type of access easement should be executed between the two parcels to ensure that access to the westerly parcel can be maintained, should the properties change ownership, or the petitioner should relocate the driveway onto the flag portion of the westerly parcel. Ms. McPherson stated the City Engineering Department is not sure if the dwellings have separate water and sewer services, and the petitioner must provide information to the Engineering Department that there are separate utilities for each dwelling or that provisions will be made to provide separate utilities for each dwelling. Ms. McPherson stated the City has had a long-term goal to expand. Moore Lake Beach Park. The City Council has directed staff to purchase properties along the west side of Central Avenue as they are placed on the market. In 1988, the City purchased the property north of 6080 Central Avenue and is holding it for future park expansion. It has been the City's policy not to condemn properties in order to achieve the 'goal of park expansion; the City prefers to purchase the properties as they are placed on the market. Inn 1988, the City contacted Mrs. Nelson, the property owner, request that the City be granted the right of first refusal should her property be placed on the market. Mrs. Nelson declined the City's offer at that time. Ms. McPherson stated that as the proposed plat meets the minimum code requirements set forth in the R-1, Single Family District regulations, staff recommends that the Planning Commission recommend approval of the plat to the City Council, with the following stipulations: 1. An access easement shall be executed between Lots 1 and 2 for the existing driveway, or relocate the driveway so that it is located within the "flag" lot. 2 . The petitioner shall provide proof of separate water and sewer services for each dwelling unit or provide separate services by July 1, 1992. 3. The petitioner shall provide a hard surface driveway by May 1, 1993. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 5 Mr. Betzold stated that if both dwelling units do not already have separate water and sewer services, is July 1 is a reasonable deadline? Ms. McPherson stated that the date can be changed. Mr. Gary Lenart stated he had no problems with the stipulations. He stated both dwelling units do share the same water and sewer at this time. He stated Council will not be taking any action on this request until after July 1. He does not want to make the water and sewer improvements if the plat is not approved. Ms. Dacy suggested a deadline of September 1, 1992. MOTION by Mr. Kuechle, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. MOTION by Mr. Modig, seconded by Mr. Kuechle, to recommend to City Council approval of Preliminary Plat, P.S. #92-04, by Gary Lenart, to replat the North 250 feet of the East 830 feet of Government Lot 1, Section 24, into two parcels, generally located at 6070 Central Avenue N.E. , with the following stipulations: 1. An access easement shall be executed between Lots 1 and 2 for the existing driveway, or relocate the driveway so that it is located within the "flag" lot. 2. The petitioner shall provide proof of separate water and sewer services for each dwelling unit or provide separate services by September 1, 1992. 3. The petitioner` shall provide a hard surface driveway by May 1, 1993. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that on June 1, 1992, the City Council will set the public hearing date for June 29, 1992. The Council will then take action on this item on July 6, 1992. 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.W. #92-03 , BY GARY OBRYCKI: To replat all that part of Lot 32, Revised Auditor's Subdivision No. 77, according to the plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, lying easterly of the westerly 10.00 feet thereof. Together with all that part of the vacated roadway easement PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 6 lying southerly of and adjacent to said Lot 32, generally located at 105 - 71 1/2 Way N.E. MOTION by Mr. Kuechle, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, AND TggTpIIBLIC HEARING OPEN AT 8PERSON T 30r,P.MD ECLARED THE MOTION CARRIED Ms. McPherson stated the property is located at the intersection of Riverwood Drive and 71 1/2 Way N.E. and adjacent to East River Road. The property is zoned R-1, Single Family Dwelling as are the surrounding properties. Ms. McPherson stated that located on the property is a single family dwelling unit with an attached two car garage. In 1986, the petitioner applied for a lot split, a vacation, and a variance for this property. At that time, the proposal was to remove the existing single family dwelling and subdivide the property into three single family lots. Ms. McPherson stated the variance request was to reduce the front yard setback from 35 feet to 25 feet, and to reduce the rear yd setback from 25 feet to 21 feet. At that time, the Appeals Commission recommended approval of the variance request; however, with the exception of the vacation request, the land use requests were not reviewed by the City Council. Ms. McPherson stated the present request by the petitioner is to again subdivide the property into three single family lots; however, in this case the single family dwelling unit on Lot 2 is not intended to be removed. Lots 1 and 3 would be vacant and would be sold for single family dwellings. Due to the location of the existing single family home, Lot 1 at 7,901 square feet cannot meet the minimum lot area requirement. Lots 2 and 3 meet or exceed the minimum lot area requirement. Ms. McPherson stated that Section 211.05 of the Subdivision Ordinance allows the Planning Commission and the City Council to grant a variance to the minimum lot requirement should they find that the Code imposes an undue hardship on the subdivider. If the Commission chooses to grant the variance, the Commission should state the the ordinance. variance to the zoning Staff recommends that the plat be approved to create only two single family lots. Ms. McPherson stated that Lot 1 also does not have the adequate depth needed to construct a single family dwelling without granting a variance. After the front and rear yard setbacks are applied to this lot, the remaining buildable area is 23 feet wide for a single family dwelling on this lot. Average homes are a minimum of 24 PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 7 feet wide; therefore, a variance of some type would need to be granted in order to construct a dwelling on Lot 1. Ms. McPherson stated Lot 3 is unique in that it is a double-fronted lot and is parallel to the street right-of-way instead of perpendicular as are Lots 1 and 2. The setbacks should be pre- determined by the Commission to insure that there is no confusion as to where the setbacks are to be measured from once the lot is sold and a house is constructed. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the proposed plat, to split Lot 32, Revised • Auditor's Subdivision No. 77 into two lots, instead of the proposed three lots, with the following stipulations: 1. Execute a 17 foot bikeway/walkway easement along East River Road on Lot 3 by August 1, 1992. 2. Pay the current outstanding assessments of $210.54 by July 6, 1992. 3. The setbacks for a dwelling on Lot 3 shall be as follows: A. 35 feet from the property line adjacent to 71 1/2 Way; B. 35 feet from East River Road; C. The north and south lot lines which run directly east and west shall be the "side lot" lines Setbacks are ten feet for living area and five feet for the garage. 4. Pay a park dedication fee of $1,500 per lot at time of building permit issuance. Mr. Gary Obrycki stated that it was his intention 5 1/2 years ago to remove the existing older home. However, at this time, for financial reasons, they are proposing to keep the existing house and plat the property into three lots and sell off two lots for single family dwellings. Some of the extra money he will make from selling the two lots will be used to improve the existing older home. Ms. Barb Severni, 7145 Riverwood Drive, stated she has heard that Anoka County will be widening East River Road. How will that impact the size of Lot 3, and will it still remain a buildable lot? Ms. McPherson stated Lot 3 is slightly over 13,000 sq. ft. Even if the County takes some property, there should still be adequate lot area to exceed the 9,000 sq. ft. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 8 Ms. Severni stated the older home on Lot 2 is in very poor shape. It is an eyesore to the neighborhood. It is hard to believe that people will want to build new homes next to a home that is in such poor shape. She stated she is not in favor of subdividing the property into three lots when one of the lots would be substandard. She would like to see only two lots and the removal of the existing home. Ms. Diane Naumovich, 100 - 71 1/2 Way, stated she lives right by Lot 3. She stated they were notified by Anoka County on January 23, 1991, that the County wanted to leave her with 40 feet in her back yard. Her lot is 137 ft. by 70 ft. She did not understand how a home will be able to be built on Lot 3 with the County taking so much property. Her main concern is that three lots are just not going to work. Ms. Jean Latour, 80 Alden Circle, stated her property backs up to Lot 1. That lot is very small. She stated the existing house is in horrible shape. In the past, the house has been condemned several times and it is in worse shape now. She would like to see the existing home torn down and the property subdivided into two lots instead of three. Lot 1 is not big enough for a house. Ms. Modig asked if there is any documentation of condemnation on the existing home. Ms. McPherson stated there are notes in the file that indicate that the City has inspected the property several times; however, there are no condemnation notices in the file. Mr. Albert Aspenson, 112 - 71 1/2 Way, stated he is concerned about three lots and putting two more houses on this property. These are very narrow lots, and he is concerned about how two houses would fit into the neighborhood. He would not be in favor of three lots. Mr. Jerry Tollefson, 106 - 71 1/2 Way, stated if two more homes are added on this property, that would put seven driveways onto this little cul-de-sac. There is enough traffic in front of their homes. He is also in agreement that this property should not be subdivided into three lots. Two lots are the maximum. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. Mr. Betzold stated that if the Commission decides to recommend denial of the three lots and recommend approval of two lots, is that acceptable to the petitioner? PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 9 Mr. Obrycki stated that, financially, he would prefer three lots but would be willing to go along with two lots. Ms. Modig stated she is not comfortable with taking any action on this request until they have more information about how much property the County will be taking for the expansion of East River Road. Depending upon how much property the County takes, it could adversely affect this. property. Ms. Dacy stated staff is willing to contact Anoka County and confirm the exact square footage that will be taken. However, with a two lot subdivision, there would be adequate buildable area to build on Lot 3 without any variances. Mr. Betzold stated he cannot agree to the subdivision to three lots creating a substandard lot for the sake of maintaining the existing home. Mr. Kuechle stated he also could not agree with the proposed plan which creates a substandard lot that would need variances in order to build a single family dwelling. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend to City Council denial of the proposed Preliminary Plat, P. S. #92-03, by Gary Obrycki, to subdivide the property into three single family lots, and to recommend that the City Council consider a revised plan to subdivide the property into two single family lots (Lots 1 and 2 as one lot and Lot 3 as the second lot) , on the property generally located at 105 - 71 1/2 Way, with the following stipulations: 1. Execute a 17 foot bikeway/walkway easement along East River Road on Lot 3 by August 1, 1992. 2. Pay the current outstanding assessments of $210.54 by July 6, 1992. 3. The setbacks for a dwelling on Lot 3 shall be as follows: A. 35 feet from the property line adjacent to 71 1/2 Way; B. 35 feet from East River Road; C. The north and south lot lines which run directly east and west shall be the "side lot" lines Setbacks are ten feet for living area and five feet for the garage. 4. Pay a park dedication fee of $1,500 per lot at time of building permit issuance. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that on June 1, 1992, the City Council will set the public hearing date for June 29, 1992. The Council will then take action on this item on July 6, 1992. 4. PUBLIC HEARING: CONSIDERATION OF A REZONING. ZOA #92-03, BY DON KISCH: To rezone from C-1, Local Business, to C-2, General Business, on Tracts A and B, Registered Land Survey No. 125, generally located at 8100 East River Road N.E. MOTION by Mr. Kuechle, 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 9:10 P.M. 5. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #92-03 . BY DON KISCH: Per Section 205.14.01.C. (6) of the Fridley City Code, to allow a motor vehicle wash establishment on Tracts A and B, Registered Land Survey No. 125, generally located at 8100 East River Road N.E. MOTION by Mr. Kuechle, seconded by Mr. Saba, 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 9:10 P.M. Ms. McPherson stated the property is generally located at the intersection of Fairmont Street and East River Road in the River- view Heights neighborhood. The property is zoned C-1, Local Business. There is additional C-1 zoning to the north; R-1, Single Family Dwelling zoning, to the west; and Planned Unit Development (PUD) zoning and R-1 zoning to the east. Rezoning Request Ms. McPherson stated the petitioner is requesting that Tracts A and B of Registered Land Survey No. 125 be rezoned from C-1, Local Business to C-2, General Business. Located on the property is a single story masonry block convenience store and four gas pumps. The petitioner has also applied for a special use permit to allow an automobile wash establishment on the property. Ms. McPherson stated the convenience store was constructed 1959. In 1984, the City granted a special use permit to allow motor vehicle fuel dispensing as an accessory use to the convenience store. In 1987, the City granted a lot split to split off the PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 11 westerly portion of the property and sell it to the adjacent property to the west. However, as the property is Torrens, the lot split was not recordable, and the City approved a registered land survey in 1991 to correct the lot split and have it recorded at Anoka County. No variances have been granted for the parcel. Ms. McPherson stated rezoning requests are evaluated on three criteria: compatibility of the proposed use with the proposed district; compatibility of the proposed district with adjacent zoning and uses; and compliance with the proposed zoning district regulations. Ms. McPherson stated the property is being rezoned in order to allow an automobile wash establishment. Automobile wash establishments are permitted as a special use in the C-2, General Business zoning district. However, they are not permitted either by special use or by right in the C-1, Local Business district. The proposed use is consistent with the proposed zoning district change. Ms. McPherson stated the proposed change from C-1, Local Business, to C-2, General Business, will intensify the permitted and special uses for the property. In general, the C-1, Local Business district regulations, are intended to provide neighborhood services to the local neighborhood. Those services include the following: art shops; professional studios; convenience stores; grocery stores; services such as laundry, dry cleaning, barber shops, small repair shops, etc. ; retail services including jewelry, hardware, sporting goods, etc. ; professional offices; health care services; and Class I restaurants. Ms. McPherson stated that if the rezoning request is approved, additional uses will become permitted by right under the C-2 district regulations. Those uses include all uses permitted under C-1, Local Business, and CR-1, General Office, district regulations. In addition, office facilities; theaters, lodges, and assembly facilities; commercial recreation, pool halls, bowling alleys, health and fitness centers; Class I, II, and III restaurants; vocational trade schools, business schools, colleges, or universities; mortuaries; offices; day care centers; museums and art galleries; department stores and variety stores; other retail, wholesale, or service activities which deal directly with the customer; hospitals, nursing homes, convalescent homes, and homes for the elderly; liquor stores selling packaged goods; banks; and sexually oriented businesses would also be permitted. Ms. McPherson stated the use change by the C-2 district rezoning would intensify the uses, and the uses would become more city-wide versus neighborhood-oriented. Many of the permitted uses under the C-2 zoning district regulations would be eliminated by the fact that the property is not be large enough to accommodate some of the PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 12 uses permitted by right. However, the impact is greater than the original intent of the C-i district. Ms. McPherson stated the intersection of East River Road and Fairmont Street is not a controlled intersection; therefore, traffic could become a problem if the use was to intensify and traffic conflicts could increase. There is not adequate room on the property to provide appropriate buffering between the adjacent residential properties to the west and south and the proposed C-2 uses. Ms. McPherson stated most of the C-2 districts in the City are located at major intersections such as University Avenue and Osborne Road or Highway 65 and Osborne Road. The C-1 district in this case is correctly placed in a predominantly residential area. Ms. McPherson stated the parcel does meet the minimum lot area, lot width, and maximum lot coverage requirements for the C-2, General Business district regulations. Five variances would need to be granted to bring the property into compliance with the C-2 zoning district regulations: 1. Reduce the rear yard setback from 25 feet to 17 feet. 2. Reduce the setback' adjacent to a residential district from 50 feet to 17 and 15 feet. 3 . Reduce the parking setback from the public right-of-way from 20 feet to 2 and 3 feet. 4. Reduce the parking setback from the rear lot line from 5 feet to 0 feet. 5. Reduce the parking setback from the building from 5 feet to 0 feet. Ms. McPherson stated the location of the car wash would not meet the setback requirement adjacent to a residential district. If the rezoning request is approved, the petitioner will be required to apply for and receive a variance to construct the car wash in its proposed location. Also at that time, the petitioner should apply for variances to correct any nonconforming conditions which cannot be corrected. Ms. McPherson stated that as the rezoning request fails to meet two of the three criteria for evaluating each rezoning request, staff recommends that the Planning Commission recommend denial of the request to rezone the property from C-1, Local Business, to C- 2, General Business. If the Commission chooses to recommend approval of the rezoning request, staff recommends the following stipulations: PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 13 1. The petitioner shall install six inch concrete curb around the perimeter of the site. 2. The petitioner shall provide a masonry dumpster enclosure with chain link fence and slatted gates. 3. The petitioner shall submit a landscape plan in conformance with the C-2, General Business District code, which shall be approved by staff prior to issuance of a building permit. 4. The petitioner shall install underground irrigation. 5. The petitioner shall apply for sign permits for any wall signage to be placed on the car wash. 6. The petitioner shall submit a performance bond of $5,000 to cover the outside improvements. 7. The petitioner shall apply for and receive a variance to correct any existing nonconforming conditions on the property. The petitioner applying for a variance does not require the City to approve the variance request. Special Use Permit Request Ms. McPherson stated the petitioner is requesting a special use permit to allow the construction of a motor vehicle wash establishment on the subject property. Car washes are not permitted by right or by special use in the C-1 district regulations. Ms. McPherson stated it is necessary for the Planning Commission and City Council to approve the rezoning request. If the rezoning is not approved, construction of the motor vehicle wash establishment will not be permitted. Ms. McPherson stated the proposed location of the car wash does not interfere with general traffic patterns on the property. There would be no traffic conflicts between patrons using the gas pumps and patrons using the car wash. Traffic would be directed to the west and the rear of the existing convenience store and directed through the car wash to exit through the south driveway of the parcel onto East River Road. The petitioner is proposing to relocate the southern-most driveway to facilitate exiting from the site. The petitioner should provide directional signage and submit a signage plan to indicate how information will be conveyed to the patrons of the convenience store and car wash in order to minimize any other traffic conflicts which may occur on the property. Ms. McPherson stated the petitioner will be required to submit a variance application as the proposed location of the car wash does PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 14 not meet the setback requirement of 50 feet from an adjacent residential district. There are also additional other items which do not comply with the C-2 zoning district regulations. These items should be corrected or a variance applied for and granted. Ms. McPherson stated that while the location of the proposed car wash does not conflict with traffic on site, it does promote additional traffic along the common boundaries adjacent to the residential district. Again, there is not adequate buffering between the proposed traffic area and the residential properties on the west; therefore, this traffic increase would adversely impact the residential property to the west. Ms. McPherson stated staff is recommending that the Planning Commission recommend denial of the special use permit request as the car wash is not permitted under the C-1 zoning district regulations. Ms. McPherson stated that if the Planning Commission chooses to recommend approval of the special use permit request, staff recommends the following two stipulations: 1. Rezoning request, ZOA #92-03 shall be approved. 2. The petitioner shall submit a signage plan showing the type and location of signage directing traffic on site. Mr. Don Kisch stated the proposed car wash is a roll-over car wash similar to those that a lot of service stations are installing, and these car washes do not create any parking problems. Mr. Kisch stated he purchased this property about one year ago and has been cleaning it up. The property was a mess. This is a hard piece of property to work with. He stated the convenience store/car wash combination seems to work well together. Parking is not a problem; it is the stacking of cars. On this property, he can stack 5-6 cars .behind the building, so it would not be a problem. Mr. Kisch stated the biggest problem is the westerly lot line which is the closest to the residential neighbors. On the southerly lot line where he will have a 15 foot setback, that house is further south, about 40-50 feet from the existing lot line. The fence in the back is in poor shape, and he would like to tear that fence out and put in new fence and curbing. Mr. Kisch stated he is working to clean up this property, not only for his benefit, but also for the City of Fridley. He plans to spend a minimum of $150, 000 on this project and to bring the property up to code. He has gutted the store and remodeled the inside. He wants to make it a more viable and profitable operation. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 15 Mr. Kisch stated that in reviewing the C-1, Local Business, regulations, it permits garages which could mean 2-3 bays of auto mechanics. The car wash is much less of an eyesore than the City could end up with that type of garage or service station/ repair garage which is a permitted use in the C-1 district. Mr. Kisch stated he would also like to check with Anoka County about how much property will be taken for the widening of East River Road. Mr. Saba stated that when these codes were written, this type of car wash was unheard of. These car washes are smaller and are quiet operations. Mr. Betzold stated he would be in favor of asking staff to review the code again to see if there is any way to amend the C-1 district regulations to include this type of car wash which is different from the regular size car wash. Rezoning is a major step, and he would not like to rezone the property and have the situation where a new owner in the future takes advantage of the C-2 zoning. They need to protect the residential neighborhood. Ms. Dacy suggested that the Commission might want to deny the rezoning request and table the special use permit. Staff would then inventory the existing C-1 areas and bring back a map showing those areas. Staff already has a list of car washes which are all in the C-2 zone. Secondly, staff could contact adjacent communities to see if other zoning ordinances recognize this type of car wash as a typical neighborhood-intended use. She would caution the Commission that despite the fact that there are no residents at the meeting, that does not prevent complaints about the car wash in the future. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearings. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARINGS CLOSED AT 9:35 P.M. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend to City Council denial of Rezoning Request, ZOA #92-03, by Don Kisch, to rezone from C-1, Local Business, to C-2, General Business, on Tracts A and B, Registered Land Survey No. 125, generally located at 8100 East River Road N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Saba, seconded by Ms. Modig, to table indefinitely, with the consent of the petitioner, Special Use Permit, SP #92-03, by Don Kisch, with the proviso that the petitioner can put the item back on the agenda at any time. PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend that the City Council review the C-1, Local Business, zoning district ordinance to consider the possibility of including the roll-over type car wash as a permitted use in the C-1 zoning district with a special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE APRIL 6. 1992. PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Modig, to receive the April 6, 1992, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE APRIL 9, 1992 . HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the April 9, 1992, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE APRIL 21, 1992, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Saba, to receive the April 21, 1992, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. OTHER BUSINESS: a. 1992 Park Clean-Up Day Pilot Program Mr. Saba stated he would like to commend the Parks & Recreation Commission for a job well done in sponsoring the Park Clean-Up Day Pilot Program on April 25, 1992. Not only were four parks cleaned, it also created some civic pride in our City's parks, especially by those groups who did the work. MOTION by Mr. Saba, seconded by Mr. Kuechle, to congratulate the Parks & Recreation Commission on the success of the 1992 Park Clean-Up Day Pilot Program held on April 25, 1992 . PLANNING COMMISSION MEETING, MAY 13, 1992 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Kuechle, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the motion carried and the May 13, 1992, Planning Commission meeting adjourned at 9:45 p.m. Res ctfully s mitted, Ly Saba Recording Secretary fL_ii' STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date May 27, 1992 City Council Date REQUEST Permit Number SP ##92-05 Applicant Gerald and Dorothy Pehl Proposed To allow construction of a second accessory building over Request 240 square feet. Location 1250-1260 Mississippi Street N.E. SITE DATA Size 13,005 square feet Density Present Zoning R-2, Two Family Dwelling Present Land Use(s) Duplex Adjacent C-I , Local Business to the East; R-2, Two Family Dwelling to Zoning the South; R-I, Single Family Dwelling to the West. Adjacent Land Use(s) Commercial to the East; duplex to the South; Single Family to Utilities the West. Park Dedication Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations. Appeals Commission Planning Commission Author MM/dn SP #92-05 • Gerald/Dorothy Pehl S 1/2 SEC. /3, T. 30, R. 24 C/TY OF FR/DL EY I4 CI . I , • EN7E I IEC/3� I I ..� ..,r• � ..�. tee.. - , i J. aI. ..- ,,.0 JN.IY;STATC ArI +WAIF' ae�ir,-:..,. -, ,.J> k y w, n(I. �, " ,.' !w t•lll1 111 /., /J/ .!, /f. ,.I ,, ' B3 ' t.. .,:"..... 4....w ,,,� 7 . �; /� ,) j jawto slin'la' 4 �r _ N0. yr., 4UDI co' n• ",SU;11 .'�'1• : y; . 3 /e!s)IN t : +.< n ♦ �,p 4 12 I I L /i-,to A k/ Oeyr•' /e 3.41 0O '/l'Ja r S un (i J (n Ip) Itl I Z Ntdl•1 .'j s' •0 � tea`.« M , /9 /�) Z •v� kppl „I }r ✓,,-;-7..JAe er.4{, (,ew O, ww... 6 4 2 • /4 /2 ,u H ItMallgt ; r� N E.1 I n . tgi yip/6 twill W , - y .``'".">. 4 i+ us �., ..II� ,.. 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C' -,,::Nleilii::,`"... ,v)s,,10,,,,_ . /0,- .1.,9 • ii - 10 I --. l rt -• .. _ ` Sr Y ..(�«(w now' ��➢� �' �Y. :t rwwo e u /� >. 16 RL.S, d.L c i'. 1 •_ •.f.-1- '.`t .. .t A) I .$ `� 2 i ce /N:1/DO_.,,�rja�a 2 ,w 1f Qo ^t, I" • 3 ; i.figyal Na 'YL . .n,e � N N /./ n.r e,.. I a 1 4u �7 n``asp.. ... -._ . ;AM . '. .-I--r h..! :2 �/� 34 0 �24i wl LOCATION MAP SP #92-05 Gerald/Dorothy Pehl tdiami • . i figi 1 irrr.�,. . .,... /szri IMIi '!. :iliie,*)' Mild"•Z • um 'nl N A 88 W a eiiii',,f`, h Tem S D**` it IS • • i- iamel toms Lai • I���, o /s 2 I. Q �� - • • ylffl(fe1 } iu.r, i is 6 3 64TH. AVENUE 7 64)1I VE :. , .t 2 13 • 1 NICK .:, . 2. j• W u •••U n...i i1 /0 '4 •-•42;:;....7 ety.Av 0 _i_i--/4 • lifi ."-Z4 9r r MMMMM mim . 6- , ._ AA :.,_ p•swri MMMM . --- 0 V ►•O�♦7♦7 63 -. AVE,- t R I C CREEK ROA• r ♦••♦•�►♦♦. ` '- • • N ♦♦♦♦ o H p �m .♦ ••♦•♦i ♦ o t• ♦♦♦♦♦•♦♦♦ ♦ •i♦♦�/ /8 1:14'; �Q : . AU ' p �rill , ! •♦•♦•♦••♦. t . •... ..5- • ♦♦ ♦♦♦♦♦♦♦♦♦♦ • ♦♦♦ ' ♦ ' '♦i ♦♦i •♦♦♦♦♦♦♦♦♦ •- i .iiiii - ,:`''\ �CMS .d • �• • • ►♦♦Wee♦♦♦reWW♦♦ ♦4t .♦♦ il,3 Ill �� AT i • • • • • ♦♦♦♦♦ 4♦♦ ♦• ► ►♦♦♦ �'' l ���A ♦♦V♦4t• ♦♦ ♦♦ ►♦♦ • / ""4pi' •0' )•,,♦►��'♦•PA♦♦.♦♦♦♦♦j s ygglt3 H/RD N ZONING MAP Staff Report SP #92-05, Gerald and Dorothy Pehl Page 2 Request The petitioner requests that a special use permit be granted to allow construction of a second accessory building over 240 square feet. The request is generally located at 1250 and 1260 Mississippi Street N.E. Site Located on the property is a two family dwelling. The property is zoned R-2, Two Family Dwelling. There is additional R-2 zoning to the south, C-1, Local Business zoning to the east, and R-1, Single Family Dwelling zoning to the west. Analysis The petitioner is proposing to construct a 22 ' x 24 ' accessory structure in the southeast corner of the subject property. The proposed use of the accessory structure is for a wood working shop. The accessory structure will have one 8' overhead door which will face Pierce Street in addition to a service door which will provide access into the structure. The petitioner proposes to locate the second accessory structure over a ten inch sanitary sewer line. The Engineering Department has given permission to the petitioner to locate the accessory structure in this location with the condition that a hold harmless agreement be executed which would relieve the City of any responsibility to the structure should repairs and maintenance need to be completed on the line. The City also needs to execute a utility easement with the petitioner for the location of the sanitary sewer line. The petitioner proposes that the structure will be architecturally compatible with the existing dwelling, and additional curb cuts will be required for the second accessory • structure. Staff understands that the shop is for a private hobby; however, the petitioner should be aware that the zoning ordinance prohibits the use of the accessory building as a home occupation (see attached code section) . Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #92-05, for a second accessory building over 240 square feet, with the following stipulations: Staff Report SP #92-05, Gerald and Dorothy Pehl Page 3 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2. The petitioner shall convey a ten foot utility easement for the sanitary sewer line. 3. The petitioner shall execute a hold harmless agreement which releases the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. 4. The accessory building cannot be used for the conduct of a "home occupation" as defined in the zoning code. SP #92-05 . Gerald/Dorothy Pehl 1. j -- Planning .. • 6B7S //9 hnny tCs(p Scrveyiry . Minnra�/s rst,,g ,:. ENGINEERING, INC : . so! • f.4,4•07 opal y' . f � SUnsef4-606 ,• 7 ';y..4 4 x .Enp ineer s r` xc, f�� Sur=ve[�ops . .� N : T '�a i' i 1 ���4` t''�' 13^1; .r ,.s af'''t: _•i.4 k 1 s 1. .e `3y. >, i u> ��M` ,t " •cos1 �,�� � �[��. •. i� �r non � �w. ..�-�Kdsn.� .� y�",� +. 3,efi `�Y-; t t�G 1 -v ttR.-f..r; ,1. r�,i•rc +. s ?t' .itxt k-",�-4ww !y;�' a Ut 'S,,. -t s_'Lti.• j • x�6i t '^. rl` o '� ,.s,k,,,Ar't't'ka. � i,'F.< r r r °i::•r s�.ray11,Z 3•' r�, k s ,t yY }i oii.\'• t,: *§ S" �k - rtAb i zcate of s r �W� . u rye• F-o Nar th /ihc- a f . l.c f /5 1 ..4 a d. SU/c/. M 88 i t U f At/S s /5 f! A'/ S T 1. if:. r - ,., b~ ;EXCEPT/O - A Rox. meGG�T/d� ' a �� �/14 . .C--' $' 1 , h i t .OJ \ V i , 1 , l . yo iQ , 8. +• \ ai • L • 1 3s_ `� 4 ,o / ...,,, .. \:. . . • - . .. , i.: 1 • 0 22° t . ti . -( e �`282— -. • %` ,--ioaJA ' e �t fikc iV 213,6 cle Lo/ /.$ ` • -i, L--,1-; . "- ' a / • , . S , The North 213.0 feet of that part of Lot 15 Auditor's Subdivision No. 88 Anoka County, Minnesota lying East of Moore Lake Highlands 1st•Addition except. the South. 85o0 feet thereof and also except . the North 33.0 feet thereof. • /hereby certify that Ibis is a true and correct representation o f a survey (Ile boundaries jt oho re dksc r ed land le location ofall Ery/din9s,thereon,and al/risible encroachments,r1ancy,from or on said land. As surveyed by me f/us -, illp - A.o i9`i1 SU8 URBAN ENGINEERING, INC. . 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, May 27, 1992 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #92- 05, by Gerald and Dorothy Pehl, per Section 205. 08.01.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet, on the North 213.0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands 1st Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. Hearing impaired persons planning to attend who need an• interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 20, 1992. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: May 12, 1992 May 19, 1992 s' • CITY OF FRIDLEY U 6431 UNIVERSITY AVENUE N.E. Ea FRIDLEY,MN 55432 — (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMITAPPLICATION FORM PROPERTY INFORMATION,.site lanrequired for submittal•'see.`attach z; Address: /2 SO IZ O Nj iss t 55"!P/-7i 'ST t% - Identification Property tYon Number(PIN)''14/3 ,3 0' Z 0082 Legal description: 'SEA- A1-7 7.41e- jEI) *,5&Rs/ aF DescRiPT o4/ Lot ` Block' j'ract/Addition Current zoning: "-g-Z Square:footage/acreage 4504 + - Reason for special use permit s Z.✓o r iey Scd i40/04 . 4 '^ ^ a Sectioit..of City Code:, s a . Have you operated a business in a city which required a business license? Yes No ✓ If yes, which city? • If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION(as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME G-;;?.4-ZD Peg L of 24o7?fy T. -HE- ADDRESS 1Z5o M/sslss,PP/ ST^/e S?/ 163 D PHONE 78 y-9S V - SIGNA DATE /2-9/92- PETITIONER INFORMATION NAME ( 4 f42Z 1 $ ,�a do7 0 /7;'1E7-/L ADDRESS /--So Miss1s5/PR/ ST4/C S7/ D E PHONE 7 8q- Y8 y6-2. SIGNATU DATE 4/74/g 2. Fee: $200.00 $100.00 ✓for residential 2nd accessory buildings Permit SP# qi--o( Receipt# VS 7// Application received by: Scheduled Planning Commission date: ;1 _ U Z 7, j?? Scheduled City Council date: �J Planning 5/8/92 SP #92-05 Gerald and Dorothy Pehl MAILING LIST Council Gerald and Dorothy Pehl Warren Spaeth 1250 Mississippi Street N.E. 6516 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Sandee's Restaurant Thomas Benjamin 6490 Central Avenue N.E. 6500 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Margaret Brickner Richard Schwalbach 1282 Mississippi Street N.E. 6501 Pierce Street N.E. Fridley, MN 55432 Fridley, MN 55432 Steven Fischer Richard Lekang 1288 Mississippi Street N.E. 6517 Pierce Street N.E. Fridley, MN 55432 Fridley, MN 55432 Joe Randall David Kramber/Cur. Res. 1210 Mississippi Street N.E. 1299 Mississippi Street N.E. Fridley, MN 55432 Fridley, MN 55432 Allan Golubowicz David Kramber 1220 Mississippi Street N.E. 2013 - 29th Avenue N.W. Fridley, MN 55432 New Brighton, MN 55112 Florence Gouldon Current Resident/Manager 6448 Pierce Street N.E. 6501 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Sharon Sandberg John Czec40t; 6436 Pierce Street N.E. 1417 Missis'§ippi Street Fridley, MN 55432 New Brighton, MN 55112 Della Burmis Floyd Torgerud 6459 Pierce Street N.E. 322 Kelsey Street Fridley, MN 55432 Delano, MN 55328 Miles Hedlund Current Resident 6449 Pierce Street N.E. 6534 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Leonard Bergman Current Resident/Manager 6435 Pierce Street N.E. 6531 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Byron Larson Planning Comm. Chair 1260 Mississippi Street N.E. Fridley, MN 55432 City Council Members 34. Home Occupation. Any occupation or profession engaged in by the occupant of a dwelling unit and carried on within the unit and not in an accessory building. Any home occupation shall be clearly incidental and secondary to the principal use of the premises and shall not change the residential character. The following are criteria of home occupations: A. Professional offices, minor repair services, photo or art studios, dressmaking, teaching and similar uses. B. No stock in trade is stored outside the dwelling unit. C. No over the counter retail sales are involved. D. Entrance to the home occupation is gained from within the structure. - E. Teaching is to be limited to six (6) or less students at any given time. F. Licensed home based Family Day Care that serve twelve (12) or fewer children when one (1) care giver is provided and licensed home based Group Family Day Care that serve fourteen (14) or fewer children when two (2) care givers are provided, as defined by the Minnesota Rule, Parts 9502.0300 to 9502.0445. (Ref. 864) G. In addition to spaces required by the occupant (family) , there is no need for more than two (2) additional parking spaces at any given time. H. Employees shall consist of members of the immediate family only. 35. Hospital. An institution open to the public, in which sick or injured persons receive medical, surgical or psychiatric treatment. 36. Hotel. A building consisting of six (6) or more place guest roomsd and designed for o occupancy as a temporary lodging s. 37. Integral Part Of A Principal Structure. Constructed in general conformity to the principal structure in terms of framing, finishing and overall use. 38. Junk Yard. (Automobile Recycling Center) An open area where waste and used materials are bought, sold, exchanged, stored, packed, disassembled or handled as a principal use, including scrap iron andotheri ludes ls, paper, rags, rubber, wire and bottles. A junkyard an automobile wrecking or salvage yard, but does not include uses that are entirely within enclosed buildings or City Council approved recycling centers. 205-6 10/90 Engineering y Sewer iu ac Water Q O Parks O; Streets 0- Maintenance V U W tL m a MEMORANDUM • TO: Barbara Dacy,,�Ciommunity, Development Director PW92-148 FROM: John G. Flora, Public Works Director DATE: May 13, 1992 SUBJECT: Special Use Permit at 1250 Mississippi Street • It is proposed that an accessory building is to be constructed to the rear of 1250 Mississippi Street. The proposed location of the accessory building will be placed over an existing sanitary sewer line. The Engineering staff does not have a problem with the structure being placed on a slab over the sanitary sewer line as long as a Hold Harmless Agreement is executed, which relieves the City of any responsibility to the structure as a result of repairs or replacement of the sanitary sewer line. Recommend that a stipulation to the permit requiring a Hold Harmless Agreement be obtained prior to issuance of the special use permit. JGF:cz ___IJ CITY Of FRIDLEY SP '#92-05 • Gerald/Dorothy PehI. _: ., rx .. .!.,... ..,,,,,„„...,,, „ ., Land Planning l << 6875-Highway°CS NE- Lad Surveying - .Minneapolis 2/,, ENGINEERING, INC. Soils Testrn Minnesota C!vi/fi Municipal '� ,�,; .1!!/isel .6066s , Enineer�n9 r i EI7 sneers . E Surveyors ,, 1; ; � � :`1 > _• '" '� f Fey+°�f�'�n, certificate of : urvey fo • (N0A- fi, /inc .� ( �e f AC L bd N� A44ci. 5 , . &8 1 ,`I a1 Al/SJ /f' 'i S T G t e• , �X CEPT/O '✓ l9,p p/gOX. M Gc.9T,o,J _� ; - , _ cif= t -. -1/53,041- - ► x r I l ' i i =-' ti. QI21, 1.1 . NA i 1 v cJ e i \\ 8 l` ��� 'i '�,' ,' 22° � i.L.< 't ti .: . ,...----..„ ` : N . .7". j o a/A /f.,E �r" if, (. ,,V 213.6. 'c{ 1 o/ /5 ` C il y ::, ) . ;i-bsy The North -213.0 feet of that part of Lot 15 Auditor's Subdivision No. 88 Anoka,County, Minnesota lying East of Moore Lake Highlands . 1st Addition except. the South 85.0 feet thereof and also except - the North 33.0 feet thereof. l herby certify that this iS a true and correct representation of a survey j'flx boundaries qiiihe abor described land and oP'b/z location ofal/builck ys,thereon,and all risible encroachments,many,from or 017 said land. As surveyed by me /lus _day ,i' A,i A.o fl""l SUB UR 5AN ENGINEERING, INC. . • Engineers 6- Surrecyor _ I Community Development Department PLANNING DIVISION City of Fridley DATE: May 21, 1992 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Zoning Amendment Research to Allow Car Washes as a Special Use in the C-1, Local Business District Per your direction from the May 13, 1992 Planning Commission meeting, staff has completed the analysis to determine the feasibility of an amendment to the C-1, Local Business district, to allow car washes as a special use. We examined other communities' ordinances regarding car washes, the locations of C- 1 zoning in the city, and the advantages and disadvantages in permitting car washes in the C-i district. Analysis Other communities typically limit car washes to their higher intensity commercial and industrial districts (see attached chart) . The requirement to allow car washes by right or by conditional use permit in these districts was not conclusive. Each community had various restrictions if the car wash was permitted by right in the zoning district. For example, the City of Maple Grove permits car washes by right in its only commercial district; however, the property cannot abut a residential zone, and there are additional parking requirements. There also is not a distinction made between roll-over and tunnel styles of car washes in other communities. There are eight locations in the City which are zoned C-1, Local Business (see attached map) . Four of these locations are adjacent to residential districts; four are located near other commercial districts. The impact of a car wash would be greater to an adjacent residential district versus an adjacent commercial district. There are advantages and disadvantages to amending the zoning ordinance to allow car washes in the C-i district. It appears that the disadvantages outweigh the advantages. The advantages of amending the district include better economic flexibility for the Car Washes in C-i District May 21, 1992 Page 2 property owner and minimal impact on adjacent properties which are zoned commercial. The disadvantages to amending the zoning ordinance include increased traffic on the site, the hours of operation, noise of the car wash, especially the dryer function, adequate buffering standards for adjacent residential properties, potential of increased air pollution as a result of increased stacking of cars, and the added noise from accessory vacuum cleaners for interior cleaning of vehicles. The petitioner has stated that he estimates 150-200 cars use the Maple Grove car wash on a busy Saturday (7:00 a.m. - 10:00 p.m. ) . He estimates that the proposed car wash would receive approximately 100 cars. Staff Recommendation The research does not reveal a precedent in permitting car washes by special use or by right in the local commercial district, and the disadvantages to,amending the ordinances appear to outweigh the advantages. Staff recommends that the Planning Commission not recommend to the City Council pursuing amending the zoning ordinance to permit car washes as a special use in the C-1, Local Business District. However, if the Commission wishes to pursue the ordinance amendment, staff would recommend the following steps be pursued: 1. The Planning Commission should conduct a public hearing and invite those residents adjacent to the four locations of C-1, Local Business zoning. 2. The Commission should develop specific standards to address the impacts of noise, hours of operation, traffic, buffering, etc. , which must be met prior to issuance of a special use permit. 3. If the zoning ordinance amendment is approved, the petitioner, Don Kisch, will be required to file and receive a variance for those items which do not conform with the C-1, Local Business district regulations. Finally, if the Planning Commission chooses to pursue the ordinance amendment, the City Council will review the Planning Commission's recommendation in conjunction with its consideration of the rezoning request by Mr. Kisch. MM/dn M-92-337 r . 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Attached please find the above-referenced staff report. Regardless of the Planning Commission action regarding the proposed amendment to allow car washes as a special use permit in the C-1, Local Business district, the Planning Commission should act on the request to allow an automobile wash establishment at 8100 East River Road N.E. Staff recommends that the Planning Commission recommend denial of the request to the City Council. MM/dn M-92-333 r Ep STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : May 13, 1992 , May 27, 1992 City Council Date REQUEST Permit Number SP #92-03 Applicant Don Kisch Proposed Allow an automobile wash establishment. Request Location 8100 East River Road N.E. SITE DATA Size 22,058 square feet Density Present Zoning C-1 , Local Business Present Land Use(s) Commercial Adjacent C-1 , Local Business to the north; R-1 , Single Family Dwelling Zoning to the west and south; and PUD, Planned Unit Development to the north Adjacent Land Use(s) Single Family to the west, south, and east; commercial to Utilities the north Park Dedication Watershed District Six Cities ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Denial Appeals Commission Planning Commission Author MM/dn SP #92-03 Don Kisch V \�. (.k� Q J y/,V 4 N.//I CORNER ,. • ..l ' � ...,fir) ,•1 M..r ..v.. k \ , \ 1 � �_. i._ . ...n-i4.; -----r' '--- —/ ---0? ''- REVISED 1 AUDITORS ' - O ‘ e 3 1., 4 , Z �v Q •� .\� Q • < L ~ -: --'(.—.\vip._- - .,V) r , In (•) ,• p \ .• '-- ::H [3 / • 2 • a rNr . (r) . '"r...�.. ¢! 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REFS '- :GIRLIE,:• .1'/3:-f,=i...r)...•.„.fr !.): cr D. , ti Ai‘ ka.'i,a..'t-,: oll ...ice , in le% 6 i��+ iklito•. ,�. •4'Ai, s 1. ,1 qp ;. 1. 'r CENTER y ` , ,,T' •' SEC.3 fA0RMONT \:V' J-.•1\ \ ' L \~I • 3 �� •t' _1-ily�ac 17G1 /� _- LOCATION MAP ---• - , SP #92-03 . . Don Kisch V''' " :‘r" ...z %- .- .7) O i 4 0 -"4 7,, c!--\._.) <--- 0 j'''''' .. OF \ .3 ),,:. • r7) ,,),. i ..4.0.0•0- ,, \ , .c.., -.) I) 0 1 , \ ..... 0 witsiptii 0 . . f--,•':-;) • ,. r) I.'. 0 A \- . 1:..› .D o r.,. • r> 1 IN r-t, • I . i VAAINII . 1:.1 • s' <kis 7. J..: • -,,.., ,.L.--.- - . 1, r A -.4 111 11.1„_meri .. ._ta , -•;' '''.--J ,T-.i. ,_- , v f . • .1.. • ,er 1111 --ft... 221111111111110 '.141'111.1111 'ore IRONTON .a.-1 : . I - 0 latMgi 4/iiii"71; r 11;1 4 I-.2 0., • hia i r sPRtyp • :Et. ,- • I • ) . \ . 1:41• 1r. al3FR OM I no ;isitionwl,Liu:1 Alk. • giki 0 e- Maripar:Maii 00470. 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'Ci - \ •••••• • •••i•••••• •••••• S / ‘ - 40 R V, iiit- •• • • • • • •004 • '0:1;) • •• y- * . \ 1 1. • . A • •Ititif 4 '• go' 9Y+ • \1' ° • .,.• kS , fAt 1' . -',A 1 4.114 s \ • • • • • ri, • • ••• .0. .0. 0: I -. '41. \ • • • • • • • 4 • • • 4 ) . ;14' 6,, ev lbc. \ ••••• ••e•e• • • • 6 • • \CC.' Fc..., Nt.ti % A k• • \ °- - A \ . . . . •••••••••••••••\?0, - - U.\- . • . .\ .. • "/ . % --e. \ • •1.4%0• 1 e. • roe..•. , \ . _ -c„ A 1 - •, ,\ .- 1 e. „, \ • • ..i.-.,...m.---,ii.• t .1-%.--- : ) • ‘0 v...L..5 ,o' 1:•/.• * \ al.. .ceiplar..1111.4V jr , •._ ,,.t,;.;? k...,;;) \ • , ' 1" 1,_. . _O.._ ' ...e\ ,W:.. . , --- - - ZONING MAP Staff Report SP #92-03, Don Kisch Page 2 Request The petitioner requests that a special use permit be granted to allow the construction of a motor vehicle wash establishment on Tracts A and B, Auditor's Subdivision No. 125. The request is generally located at 8100 East River Road N.E. The petitioner has also applied for a rezoning request, to rezone the property from C-1, Local Business to C-2, General Business. Motor vehicle wash establishments are not permitted either as a special use or by right within the C-1 district regulations. It is, however, a special use in the C-2 district. Site The subject parcel is located at the intersection of East River Road and Fairmont Street N.E. in Riverview Heights. Located on the property is a single story masonry block convenience store and four gas pumps. The property is currently zoned C-1, Local Business. There is additional C-1 zoning to the north. Properties to the south and west are zoned R-1, Single Family Dwelling, and properties to the east are zoned PUD, Planned Unit Development. Analysis It is necessary for the Planning Commission and City Council to approve the rezoning request. If the rezoning is not approved, construction of the motor vehicle wash establishment will not be permitted. As proposed, the motor vehicle wash establishment is located in a manner which does not interfere with general traffic patterns on the site. A patron will need to access the car wash by driving along the west side of the existing convenience store and entering the car wash on the west side. The patron will then exit the car wash on the east side onto East River Road. The existing driveway along the east side of the site is proposed to be relocated to facilitate exiting. The petitioner should provide directional signage and submit a signage plan to indicate how information will be conveyed to the patrons of the convenience store and car wash, and how the signage will minimize traffic conflicts on the site. The petitioner will be required to submit a variance application, as the proposed location of the car wash does not meet the setback requirement of 50 feet from an adjacent residential district. There are also additional other items which do not comply with the C-2 zoning district regulations. These items should be corrected or a variance applied for and granted. The proposed car wash would adversely impact adjacent residential properties by promoting traffic between the existing building and the residential property Staff Report SP #92-03, Don Kisch Page 3 on the west. Staff recommended denial of the rezoning request to rezone the property from C-1, Local Business to C-2, General Business, as the change in zoning intensifies the uses permitted on the site, and the parcel does not meet the C-2 zoning district regulations. Because staff recommended denial of the rezoning request, staff also recommends denial of the special use permit request, as the car wash is not permitted under the C-1 zoning district regulations. Recommendation and Stipulations Staff recommends that the Planning Commission recommend denial of the special use permit request, to allow construction of an automobile wash establishment to the City Council. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. Rezoning request, ZOA #92-03 shall be approved. 2. The petitioner shall submit a signage plan showing the type and location of signage directing traffic on site. • SP #92-03 Don Kisch I • i - T I l ! 1 iij 11 ° ;i!IP) at sis!i •:.• • ; i� tr.. 1 , o1 'r 1 _ . I ! , :I II i ! 1 II i1111 I alsll Il l -it 7ig�i i i {'i11 II;I t .,i' !l I'll i I . I 1 i) " 1 1 Il 8a js ;.'' A Ia I,il 1; III1111II II I . il . ! I :I : Ii! I I II I . IIII � 1 ;illll '.lgt,I;- I . I I I 1 1 I I HII;1 , . i I III I I I ,!0 !III! IHII1IIII II I II III1 I w 114;1; 'II '.$i I I I I I I I I in! 1 i i.'111 11111 l i YI _ '1.1q Y . •I Q 1 1 I I I 1 1 1 11 III I I I!III .I ! 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' II I .I. , 1 4....110. ' )(041 NO7 04.4..inp....v • ----1.-1.-- . • 47•• a-01 r777.--- ..rt., ..".• ...; V' E 1...\\E v A T 1 0 N 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, May 13 , 1992 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #92- 03, by Don Kisch, per Section 205. 14. 01.C. (6) of the Fridley City Code, to allow a motor vehicle wash establishment, on Tracts A and B, Registered Land Survey No. 125, generally located at 8100 East River Road N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 6, 1992 . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: April 28 , 1992 May 5, 1992 . • CITY OF FRIDLEY 7 6431 UNIVERSITY AVENUE N.E. 'Ea FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT h,r' SPECIAL USE PERMIT APPLICATION FORM'' A*1 .,s t o Y k t t a a otr' r y 4 PROPERTY INFORMATION siteplan required forsubmittal,see attached Address: 7 00 EaS: ter it &` Property Identification Number(PIN) OLSD K.12.6) 19 A) Legal description: . .4. 4, , Lot Block Tract/Addition -�, Current zoning: L-( Square footage/acreage Reason for special use permit ktiovf /.air Wasik as' a,�i a,e-tea.� � �� -#r 41,447o`-ti l -?� Section of City Code:° 'Z �0 14 D� HaSie you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Ow ers st/sign this form prior to processing) NAME ,.29fiV Sty✓ ADDRESS�// F .emu., we're- 44/ i'// /eCr c Ai/ DAYTIME PHONE 9Y-oc373 SIGNATURE DATE PETITIONER INFORMATION NAME S 7 rtta as ,✓Uvit-e-- ADDRESS o DAYTIME PHONE SIGNATURE ..,l4-4 :/Z' DATE Fee: $200.00 $100.00 for residential 2nd accessory buildings Permit SP# 612--0 eceipt# V 3 5- Application received by: N.- - Scheduled Planning Commissio'i dat : 12.2 1-2- Scheduled City Council date: •' PAGE 1 OF 2 SP #92-03 Planning 4/24/92 , 5/20/92 ZOA #92-03 Don Kisch MAILING LIST City Council Don Kisch Pamela Jones BAS Enterprises 9855 Revere Lane 470 Ely Street N.E. 3710 Central Avenue Maple Grove, MN 55369 Fridley, MN 55432 Minneapolis, MN 55421 Dennis Swanson Ronald Salo Current Resident 524 Fairmont Street N.E. 490 Ely Street N.E. 8154 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Debra Langer Clara Matasky Current Resident 548 Fairmont Street N.E. 501 Ely Street N.E. 8150 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 v Robert Doherty Randal Davis Dale Pearson i 544 Fairmont Street N.E. 471 Ely Street N.E. 11750 Juniper Street N.W. Fridley, MN 55432 Fridley, MN 55432 Coon Rapids, MN 55433 Rolan Bitzer Rebecca Olson Stephen Witzel 534 Fairmont Street N.E. 351 Ely Street N.E. 1349 - 104th Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Blaine, MN 55434 Donald Hanson Donovan Curtis Mabel Cooper 511 Dover Street N.E. 361 Ely Street N.E. 513 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gerald Motyl Clifford Oberg Current Resident 526 Ely Street N.E. 360 Ely Street N.E. 520 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Leonard Mathison Lolita Reitsma Scott Quiteem 514 Ely Street N.E. 3450 - 152nd Lane 499 Glencoe Street N.E. Fridley, MN 55432 Andover, MN 55304 Fridley, MN 55432 Ralph Swanson Current Resident Floyd Bradley 511 Ely Street N.E. 8051 East River Road N.E. 9648 Quincy Street N.E. Fridley, MN 55432 Fridley, MN 55432 Blaine, MN 55434 Richard Dronen James Evanov Midwest Super Stop/ 523 Ely Street N.E. 500 Glencoe Street N.E. Current Resident Fridley, MN 55432 Fridley, MN 55432 8100 East River Road N.E. Fridley, MN 55432 John Struck Leyone Dressel 537 Ely Street N.E. 490 Fairmont Street N.E. Robert Fritch Fridley, MN 55432 Fridley, MN 55432 8101 Fairmont Circle N.E. Fridley, MN 55432 Richard Wallace Bernard Scholzen 8080 East River Road N.E. 480 Fairmont Street N.E. E. Pa 'an y Fridley, MN 55432 Fridley, MN 55432 8087 F rmont Circle N.E. Frid y, MN 55432 P. Chavez/L. Miskowiec 440 Ely Street N.E. Fridley, MN 55432 PAGE 2 OF 2 • } SP #92-03 ZOA #92-03 Don Kisch Gregory Shipshock Emery Gervais Margaret Hasbrook 8071 Fairmont Circle N.E. 8102 Fairmont Circle N.E. 531 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James Johnson Steven Hunger Ardella Freitag 8057 Fairmont Circle N.E. 1041 Vinewood Lane 537 Fairmont Street N.E. Fridley, MN 55432 Dayton, MN 55327 Fridley, MN 55432 Jeffrey Potter David Morgan Bruce Emerson 8041 Fairmont Circle N.E. 527 Glencoe Street N.E. 545 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Joseph Kostuch Frederick Turbin James Ensley 8027 Fairmont Circle N.E. 529 Glencoe Street N.E. 547 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Karin Fjeldos Thomas Leonard City Council Members 8161 East River Road N.E. 526 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Planning Comm. Chair Mary Jo Krauel D. Wa of . Ryan 8151 Fairmont Circle N.E. 520 Gle oe Street N.E. Fridley, MN 55432 Fridl , 55432 Raymond Arnold Richard Tinker 8141 Fairmont Circle N.E. 546 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Hiep Nguyern Dianne Olson 8114 Fairmont Circle N.E. 538 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Gary Velishek Herbert Bixler 8112 Fairmont Circle N.E. 530 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Frederick Erickson Randolph Sering 8110 Fairmont Circle N.E. 528 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Zirngible Thom s Leonard '8106 Fairmont Circle N.E. 526 G encoe Street N.E. Fridley, MN 55432 Fri e , MN 55432 William Gorman Frank Steen 8104 Fairmont Circle N.F. 521 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432