PL 10/08/1986 - 30650r--�
,��
�
CITY OF FRIDLEY
PZANNING CO1�Il�IISSION MEETING, OCTOBER 8, 1986
CALL TO ORDER •
Chairperson Billings called the October 8, 1986, Planning Commission meeting
to order at 7:35 p.m.
ROLL CALL •
Members Present: Steve Billings, David Kondrick, Dean Saba, Donald
Betzold and Sue Sherek
Members Absent: Rich Svanda and A1 Gabel
Others Present: Jim Robinson, Planning Coordinator _���''��
Jock Robertson, Community Development Director
APpROVAL OE SEPTEMBER 24, 1986. PLANNING CONI�IZSSION MINUTES:
MOTION BY MR. KONDRICK, SECONDED BY MR.:BETZOLD, TO APPROVE THE SEP�EMBER 24,
1986 PLANNING CONIlNISSION MINUTES WITH THE FOLLOWING CHANGES: PAGE 14,
PARAGRAPH 1, CHANGE THE WORD "FORMALLY" TO "INFORMALLY" AND ATTACH THE
SIGN-IN SHEET.
UPON A VOICE VOTE, ALL VOTING AYE, CH�IRPERSON BILLINGS DECLARED TI� MOTION
CARRIID UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPEC7AL USE PERMIT. SP �`86-16 BY
CHURCH ON THE MOVE•
Per Section 205.07.1, C, 2 of the Fridley City Code, to allow a church
and private school on Lots 2, 3 and 6, exceptthe South 200 feet thereof,
Meloland Ga.rdens, all located in Section 24, T-30, R-24, Anoka County,
Minnesota, and Lot 4, Meloland Gardens, located in Section 24, T-30,
R-24, Anoka County, Minnesota, and Lot 5, except for the Westerly 110
feet of the Southerly 200 feet, Meloland Gardens, located in Section
24, T-30, R-24, Anoka County, Minnesota, and Lot 1, except for the
Southerly 210 feet, Meloland Gardens, located in Section 24, T-30,
R-24, Anoka County, Minnesota, and Lot 17, Auditor's Subdivision No.
92, Anoka County, Minnesota and Lot 33, Block 3, Moore Lake Hills,
Anoka County, Minnesota, and Lot 1, and Auditor's Subdivision No.
92. Lot 17 may be encumbered by a recreational lease running in
favor of the City of Fridley, the same being 1401 Gardena Avenue N.E.
MOTION B� MR. KONDRICK, SECONDED BY MS. SHEREK, TO WAIVE THE READING
OF THE PUBLIC HEARING NOTICE AND OPEN THE PUBLIC HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECLARED THE
PiTBL�C HEARING OPEN AT 7:37 p.m.
PLANNING CONIlKISSION MEETING _�TOBER 8. 1986 pAGE 2
/'�'�,
-. Mr. Robinson stated this is a request for a special use permit to
operate church facilities at what was Faith Academy and prior to
that time, Gardena School. He stated the property is zoned single
family and Located in a single fami.ly neighborhood ac�coss the street
from Totino-Grace High School.
Mr. Robinson stated the petitioner, Mr. Mark Anderson, President of
the Church on the Move, is requesting to �ondt��� church services in
the gYmnasium az�d the request doesn't include any new building con-
struction. He stated there are 600 members in the congregation and
they would hold two services on Sunday with about �Q�3 attending the
morning service and about I50 attending tne evening service. He
stated a neighborhood meeting was held several weeks ago with approxi-
mately 35 persons attending to exchange ideas and hear any concerns
from the residents.
Mr. Robinson stated if the special use permit is approved, staff is
recommending the following stipulations: (1) All existing hardsurface
areas to be improved with sealcoating, curb and gutter and striping;
improvement date to be reviewed in one year; (Z) An approved dumpster
enclosure to be installed by October 31, 1986; (3) Remove or repair
deteriorating playground equipment by October 31, 1986; (4) Combine
individual lots into one tax parcel, as requested by City Assessor
prior to final approval; (5) Provide for�and record at Anoka County,
a parking use easement with Totino-Grace High School, for use of
^ Totino's parking lot (off Gardena Avenue) on Sundays; (6) This
special use permit for church uses is to be coterminous in duration
with pa.rking use agreement; except where installation of new parking
on-site would suffice; (7) This special use permit is issued for
Church on the Move only; (8) This special use permit does not cover
any new construction; (9) A$5,000 bond to cover items 1-4 to be
issued to the City by October 21, 1986; and (10) This special use
permit to be reviewed prior to expiration of parking agreement or
in one year,�whichever comes first.
Mr. Robinson stated that Mr, Anderson 'had. worl�ed out an arrangement with
Toti��o-Grace .to use thc?ir park�ing lot on Sundays. This agreEment could be
terminated_by either partyt Mr. Robinson stated h� felt it would be to
everyone's benefit to t�y and extend the 3eng�h of the parking agreement
with Tottno-Grace to at least one year. He stated it �hould be noted that
this document shauld be completed prior to written approval by the City of the
Spec�al Use Permit. He stated he t�elieved Mr, Anderson is aware of the
stipulations and,is in agreement. � ,
Mr. Anderson, Pr�si,dent of �huxch on the Moye intex�,ational, stateds in
August, h��met with the Chairman of the Board ��or Fa�th Academy and
discussed taking over the scfiool w�ich was having financial diffieulties.
He stated they came to fierms �o take over the school with ths idea of holding
their church services in the gymnasium, He stated t�e wasn't aware_a special
use permit was required as this is not necessary in Minnetonka and
� Bloomington.
PLANNIlVG CON]MCSS ION NIEETING, OCTOBER 8, 1986 PAGE 3
/�` Mr. Anderson stated he has spoken with Dr. Ray at Totino-Grace in
regard to the parking and they have agreed Totino-Grace's parking
lot can be used. He stated a contract has been drawn which indicates
Church on the Move can use Totino-Grace's pa;cking lot for their Sun-
day services. He stated if a conflict arises,, they would need to
make other provisions.
Mr. Anderson stated they were going to assume the $580,000 contract
for deed on the building, but the company through which they are
seeking bonds has to have the first mortgage on the property.
Mr, Anderson stated they met with neighboring residents and a Lot of
questions were raised about maintenance on the property. He stated
he assured them the property would be maintained as they have a
regular maintenance person and have purchased lawn and snow removal
equipment. He stated they also plan to replace part of the play-
ground equipment. He stated the consensus of the meeting was that
the residents would like to be kept informed of their plans. He
stated the long-range plan for the property is to seek to build a
sanctuary, but right now it is not known when this could be done.
Mr. Anderson stated he shared some of their future plans and really
was under no obligation to do so. He stated some of the residents'
concerns was they didn�t want to see access through the side streets
or disturb the natural area of the pond. He stated they also share
�, these same concerns.
Mr. Anderson stated he found out yesterday that a large group of
people had signed a petition as it relates to their future plans.
He stated, at this point, any future plans are speculative, but
found out there were all kinds of strange ideas and stories being
circulated.
Mr. Kondrick asked Mr. Anderson if he had any problem with the stipu-
lations recommended by staff. Mr. Anderson stated he didn�t quite
understand combining individual lots into one tax parcel.
Mr. Billings stated the purpose is to identify the property as one
tax parcel rather than several parcels. Mr. Anderson stated he
would then have no problem with this stipulation or any of the others.
He stated they didn't install parking on the site as the neighbors
indicated they didn't want it.
Mr. Billings stated the agreement for parking with Totino-Grace
covered their parking on Sundays, but asked if they conducted mid-
week services. Mr. Anderson stated they have services on Wednesday,
but plan to change this to an individual Bible study. He stated
they would not have a Large crowd on Wednesdays.
Mr. Billings asked the current capacity of the parking lot on this
� site. Mr. Robinson stated it is about 25 spaces, but isn't striped.
PLANNING CONIl�IISSION MEETING._ OCTOBER 8, 1986 PAGE 4
� Mr. Robinson stated no plan was submitted for an expansion or new
construction and wanted to make it clear to the petitioner and
residents that this special use permi.t does not cover a new church
facility, but simply to use the present gymnasium for church services.
Mr. Saba asked Mr. Anderson the plans for long-term perma.nent parking.
Mr. Anderson stated they took over this facility five weeks ago so
really haven't taken the time to examine it. He stated whatever is
required they would meet the qualifications.
Mr. Robinson stated another stipulation �roba,biy�=should_be �dd�d that
pr-og�ammed activities wouldn't exceed the parking supply available
either on-site or at Totino-Grace High School.
1Kr. Robinson stated a petition was received in opposition to this
special use permit as well as a letter in favor of the special use
per mit .
Mr. Galen Carlson, 601 Rice Creek Terrace, a member of Church on the
Move, stated he knows everyone wants a goad community in which to
live and felt the influence of a church upgrades the community. He
stated the request is to hold their services in the gymnasium and
knows neighbors may have fears about pa.rking and congestion. He
stated he was in the area when a football game was being held at
Totino-Grace and felt they wou.ld cause a lot less disruption. He
� asked for the Commission to give a favorable decision on the request
for the special use permit.
Mr. Flolid, 6053 Woody Lane, stated at the r�eighborhood meeting, he
felt the church was receptive to the residents' concerns and stated
he was in favor of the special use per mit.
Mr. Hamernik, 1340 Hillcrest Drive, stated he was in favor of the
special use permit.
Mr. Roith, 1314 Hillcrest Drive, asked what would happen if Totino-
Grace decides not to let the church use their property for parking.
Mr. Billings stated if at any time, they lose their parking privileges
at Totino-Grace, i�t would be necessary for Church on the Move to
come again before the Commission to provide additional parking or
lose the special use permit.
Mr. Roith stated in talking to the School Board, there was so� con-
demnation of land in order that Gardena School could be built. He
stated as long as the School District had any interest in the property,
the playground was to be maintained for use by the residents. He
stated if the church does not assume the contract for deed, this
agreement would terminate.
Mr. Robinson stated the lease ran in favor of the City and if that
r--� isn't the case, a new easement can be recorded.
PLANNING CONJMISSION MEETING. OCTO_BER 8, 1986 PAGE .5
� Mr. Anderson stated the lease ties into the contract for deed and
stipulates there would be some equipment ma.intained for the benefit
of the community. He stated it seems strange that this becomes an
issue when there was an agreement in the pa.st and nothing was done.
He stated they would rebuild the playground equipment, and had no
objection to continuing such a stipulation.
�
Ms. Ardella Foco, 1345 Gardena Avenue, asked why the residents were
not notified that Faith Academy was in financial trouble. She stated
1'�r. Anderson stated they had plans to build in the spring at a cost
of about $700,000. She stated this would be in her back yard and the
area is now crowded. Ms. Foco stated when they bought, this was
suppose to be a residential area and has been anything but residential.
Mr. Billings stated he cannot answer the question why Faith Academy
didn�t inform the residents of their financial difficulties, but
felt they were under no obligation to do so. He stated the request
before the Commission this evening involves using the school gym-
nasium for church services and does not involve any new construction.
Mr. Bittman, 1120 Gardena Avenue, asked if the special use permit is
approved and the church decides to build, if they would have to come
back to the Coc�ission.
Mr. Billings stated if there are any plans submitted for construction,
another public hearing would be held and input received at that time
by anyone who has concerns.
Mr. Bittman stated he cannot see anyone purchasing this property for
$800,000 without any guarantee they can expand in the future. He
stated they have enough traffic and didn't want any more congestion
in the area.
Ms. Roith, 1314 Hillcrest Drive, stated she knows this will not end
with the congregation holding their services in the gymnasium. She
stated future plans is what they wish to stop as they don't want a
church in their back yard.
Mr. Anderson stated their immediate concern is to have a double use
of the property in order to sustain the school. He stated when the
time arises, if they cannot build a church on this property, they
would be in a better financial situation to purchase property elsewhere.
He stated it is their desire, at some point in the future, to build
a church, but they have no plans at this time.
Ms. Roith asked if the entrance into the p8rking lot was wide enough
to accocunnodate both incoming and outgoing traffic. Mr. Robinson
stated he believed they have the required 25 feet.
A parent of one of the students stated he drives there every morning
^ and doesn't have any problem when he passes another car.
PI�ANNING CON]MISS ION MEETING._ OCTOBER 8_, 1986 PAGE 6
� Mr. Kaspszak, 1317 Hillcrest Drive, stated the pond behind the
school is governed by the Department of Natural Resources and
they �y be concerned with this matter. He stated he believed
an Environmental Impact Study should be made, as well as a traffic
study on Gardena Avenue.
Mr. Tiller, 1535 Gardena Avenue, stated it was the residents in the
area who made it possible for Gardena School to be at this location.
He stated the land should be kept open and all one plot.
N.�. Minear, 1291 Gardena Avenue, stated he was opposed to this special
use permit. He stated if there is a viable church program, events
will be going on during which are normal quiet times for the neigh-
borhood. He stated they tolerate the school as most of their traffic
is during the week days. He stated he could not visualize a church
with a seating capacity of 800 people and a parking lot the size of
Totino-Grace's on this property. He stated the residents strongly
object to access onto neighboring residential streets so all the
traffic would use Gardena Avenue.
Ms. Palmer, 1329 Gardena Avenue, stated Mr. Anderson stated at one
meeting it would be so me time in the future they may build a church.
She stated a few weeks later, he stated they plan groundbreaking in
the spring of 1987. She stated she believed parking would be a
problem and if the�e•.wouTd` be a.,ny gu�.rant$e� peaple would not park
� in front of their homes.
Mr. French, 1469 Gardena Avenue, stated the last thing they need is
parking on both sides of Ga.rdena Avenue. He stated Gardena Avenue
is already a"race track" and they don't need any additional traffic.
1�. Solomon, �211 Gardena Avenue, stated he questioned how Mr. Anderson
can say they have no plans to build a church. He felt they do have
future plans which will affect all the residents.
Mr. Shorma, 5916 Oakwood Manor, stated he was neither speaking for
or against this special use permit, but stated St. William's Church
did conduct church services at Totino-Grace several years ago and
didn't know if this affected the traffic pa.tterns.
Mr. Manning, 1315 Hillcrest Drive, asked if there has been any survey
or study on the traffic that would result from the church services.
Mr. Robinson stated a study has not been conducted.
Mr. Anderson stated it has been suggested to the City Engineer that
crosswalks be installed and possibly putting in some stop signs.
He stated he believed the issue had to be addressed.
Mr. Manning stated he was concerned if the special use per mit were
granted, the fact would be established that the church can function
!'� on this property which leads to the possibility of expansion. He
stated he understands a considerable amount of money was spent on
PLANNING CONIMCSSION MEETING. OCTOBER 8, 1986 PAGE 7
^ blueprints for a church in another area which the church hope�;
could be adapted to this site.
Mr. Johnson, 1495 Gardena Avenue, stated he was not opposed to
this special use permit, but would be opposed to any new con-
struction. He stated they have enough traffic problems and wouldn't
want a new church.
Mr. Betzold asked Mr. Robinson what nnay be the use of the property,
if the special use permit were not approved. Mr. Robinson stated
the special use permit is required because of the church services
only, and the property could be used for a school.
Mr. Klucsar, 1337 Hillcrest Drive, stated he felt, in the future,
there would be a need for more schools and the School District
should buy it back from Faith Academy. He stated he is not against
churches, but wondered why they should provide streets and facilities
for persons who probably don't even live in Fridley.
Ms. Foco asked if there is any possibility of the property returning
to a residential use.
Mr. Billings stated if someone other than Church on the Move were to
buy the property, it may be possible to develop as residential. He
stated at this point, it appears Faith Academy has a willing buyer
n and felt the odds of that happening were very slim.
Ms. Arlys Jenewein, 1342 Hillcrest Drive, stated she can sympathize
with Mr. Anderson, but if they do build a church, more than one
access would be needed for the parking lot. She stated she wouldn't
want to see the existing walkway turned into a thoroughfare.
Mr. McLaughlin, 1050 Ga.rdena Avenue, asked how many parking spaces
would be required if a church was constructed. Mr. Robinson stated
the method used is one parking stall required for every three or
four seats. Mr. McLaughlin stated another piece of property is being
used in order to meet the parking requirements and objected to this
procedure.
Mr. French stated if additional parking had to be provided on Church
on the Move's site, there would be additional runoff and wondered
how it would affect the storm sewer. He stated he could see some
potential problems arising as a result of any expansion of this
facility.
Mr. Morris, 1341 Hillcrest Drive, stated if the special use permit is
granted and the property properly maintained, it would be difficult
for the Commission in the future to deny the church the right to park
on their own land. He £elt the problems now would be a lot worse
if things develop further.
�,
PLANNING CON�[SSION MEETING, OCTOBER 8,_ 1986 PA(� 8
^ Mr. Tom Jenewein, 1342 Hillcrest Drive, stated his main concern is
bringi��ng additional people into the area. He stated Fridley has a
lot of fine churches and knew very few people belonging to this
denomination and asked where these persons reside.
�
/�
Mr. Anderson stated they have a number of people in the Fridley area
that belong to their congregation. He stated Fridley is the best
central location for them. He stated they had a full set of plans
done for a site in Brooklyn Center and, if they proceed to build,
it is hoped these plans will adapt.
Mr. McLaughlin stated even on the best of days, the intersection at
Ga.rdena and 01d Central is very difficult. He stated he would aSk the
Commission to consider the public's safety as placing additional traffic
on the street would add to the problem.
Mr. Robinson stated based on the neighborhood input, staff could re-
quest the Engineering Department to issue a study on the traffic.
Ms. Sherek stated she realizes Old Central is a State road, but felt
possibly a signal is needed at Gardena Avenue and Old Central.
1�. Kaspszak felt the City should request an Environmental Impact
Study. Mr. Robinson stated at this time, there is no new construction
planned.
Mr. Kaspszak stated if he was Mr. Anderson he would want to know his
limitations for the site as his plans may be mute.
Mr. Manning asked if the special use permit were granted if this re-
stricts them to using only the gymnasium for their church services.
Mr. Robinson stated they would be restricted to the gymnasium for
church services.
Mr. Kevin Dooley stated he belongs to the church and lives in Blaine.
He stated about 20 of the parishioners live in Fridley. He stated
the church cares about families and children and invited persons to
attend.
Mr. Anderson stated whether or not this special use permit is granted
greatly impa.cts the success of the school as they need the use of
the gymnasium for church services in order to succeed.
N�TION BY MS. SHEREK, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC
HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CH� IRpERSON BILLINGS DECZARED THE
HEARING CLOSED AT 9:05 p.m.
MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, Tp gE�EIVE � pETITION
IN OPPOSITION TO THIS SPECIAL USE PERMIT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
M OTION CARRIED UNANIMOUSLY.
�
PLANNING COI�SSION MEETING. OCTOBER 8, 1986 PAGE 9
MOTION BY MS. SHEREK, SECONDED BY MR. SABA, TO RECE IVE THE LETTER
FROM DR. AND MRS. ZWICKY IN SUPPORT OF THIS SPECIAZ USE PERMIT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Betzold stated he felt the residents' concerns center around the
possibility of a new church which really isn't the issue before the
Commission this evening. He stated if plans to construct a church
were being submitted this evening, he didn't believe the Commission
would be very receptive.
Mr. Betzold stated the issue is whether the building can be used
for church services, in addition to being used as a school. He
stated he is aware of traffic problems in the area, but didn't feel
that would be resolved by denying the special use permit as someone
else could use the building for school purposes. He felt this
proposal is no better or worse than what the building has been used
for in the pas t.
Ms. Sherek stated she didn't feel it was appropriate to look at
approval or denial on the basis of what might happen in the future.
She stated the request before the Commission is to use the gymnasium
for church services, and felt it was an appropriate use of the building.
�"� Ms. Sherek stated additional traffic would not be added during the
week from this use, but shared the residents� concern if people would
park on Ga.rdena or use the parking lot. She felt, however, if the
street was gosted with "no parking" signs, it would also affect the
residents.
Mr. Saba asked what authority the City would have to post "no parking"
signs on Ga.rdena Avenue. N�r. Robinson stated there are "no parking"
signs on the north side and if the south side were to be posted, the
City would consider the residents' feelings and also if Totino-Grace
High School would be in favor.
Mr. Kondrick stated the church could request their parishioners to park
in the parking lot. He felt the traffic is a problem, but the Com-
mission cannot address issues that may happen in the future. He
stated he cannot see any reason to deny the special use permit.
Mr. Saba stated he spoke with some of the residents and know they have
real concerns. He stated it seems Church on�the Move wishes to prove
they can be good neighbors and are taking care of some of the mainten-
ance problems. He stated he can see some positive things happening
if this is used as a school and maintained properly and limited to
use as a gymnasium-type church,
Mr. Saba stated he has some concern about the property being one
�"�, parcel and asked if the church were to sell part of the property,
if they would have to come before the Commi.ssion for a 1ot split.
Mr. Robinson stated if the property is platted, a public hearing
would be necessary.
PLANNING COI�SSION MEETING. �TOBER 8, 1986 PAGE 10
� Mr. Robinson stated staff would recommend two other stipulations
- regarding parking for programmed activities and providing the
recreational easement.
Mr. Billings stated City ordinances provide churches are allowed in
an R-1 zone, with a special use permit, and in order to deny this
request, it would be necessary to show that approval of this permit
would cause a problem in the neighborhood by affecting the public
safety, health or welfare of the residents, or result in a decrease
in property values.
1�TION BY MR. BETZOLD, SECOI�IDED BY MR. KONDRICK, TO RECOMMEND TO THE
CITY COUNCIL APPROVAL OF SPECIAL USE PERMrT, SP ��86-16, FOR CHURCH
ON THE MOVE, TO ALLOW A CHI,TRG'H AND SCHOOL AT 1401 CARDENA AVENUE N.E.,
WITH THE FOLLOWING STIPULATIONS:
l. Al1 existing hard surface areas to be improved with sealcoating,
curb and gutter and striping; improvement date to be reviewed in
one year.
2. An approved dumpster enclosure to be installed by October 31, 1986.
3. Remove or repair deteriorating playground equipment by October 31,
1986.
� 4. Combine individual lots into one tax parcel, as requested by City
Assessor prior to final approval.
5. Provide for and record at Anoka County, a parking use easement with
Totino-Grace High School, for use of Totino's pa.rking lot (off
Gardena Avanue) on Sundays. This document completed prior to
written approval by the City of the special use permit.
6. Special use perma.t ��86-16, for church uses, is to be cotermi.nous in
duration with parking use agreement; except where installation of
new parking on-site would suffice.
7. Special use per mit ��86-16 is issued for Church on the Move only.
8. Special use permit ��86-16 does not cover any new construction.
9. A$5,000 bond to cover items 1-4 to be issued to the City by
October 21, 1986.
10. Special use permit �k86-16 to be reviewed prior to expiration of
parking agreement or in one year, whichever comes first.
11. Programmed activities will not exceed the parking supp]ied��n-site
and/or at Totino-Grace when available.
� 12. Recreational easement in favor of the City of Fridley, prior to
final approval by the City of the special use permit.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
1�TION CARRIED UNANIMOUSLY.
PI�AANIVING CONIl�LCSSION MEETING. �TOBER 8._ 1986 PAGE 11
� The Commission requested the City's Engineering Department sub-
mit a report on their perception of the traffic issue as it
relates to the church and this special use permit.
2.
Mr. Billings stated this item would go to the City Council on
October 20, 1986 and the Council would have the final decision on
whether or not the special use permit is granted.
OF A S PEC IAL US
ii .�v i.i . .ua, a�vivcayw vau�la71L' LY�7P�1V V,C iC� 1� V� aut VP71J1�1VE :
Per Section 205.14.1, C, 4 of the Fridley City Code, to allow a
repair garage on Lots 1, 2 and 3, Block 3, City View, the same
being 5755 University Avenue N.E.
MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO REIKOVE THIS ITE M
FROM THE TABLE AND RE-OPEN THE PUBLIC HEARIlVG.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
HEEIRING REt�OPEN �T 9:28 p.m.
1�. Robinson stated this request for a special use permit is to allow
a repair garage at the location which was previously Shorty's Towing
at 5755 University Avenue N.E. Ae-stated he understands that pre-
sently three businesses are proposing to use this property. Mr,
Robinson stated the petitioner is proposing to use the building for
^ a repair garage, another person operates a lease and sales_b�siness,
and the owner who intends to use the storage yard in the winter
months for his towing operation.
Mr. Robinson stated if this special use permit is approved, staff
would recommend the following stipulations: (1) Install Landscaping
as per City plan dated September 24, 1986 including sodding, planting
and edging and rock mulch with weed barrier for each shrub bed by
October 31, 1986; (2) Provide automatic lawn sprinkling for all green
areas by October 31, 1986; (3) Provide six inch concrete curb and
gutter around all hard surface and driveway openings, as per City
plan dated September 24, 1986 by October 31, 1986; (4) Curb openings
to be modified to comply with City plan dated September 24, 1986 by
October 31, 1986; (5) Sealcoat and stripe parking lot as per City plan
dated September 24, 1986 by October 31, 1986; (6) Provide hard sur-
face driveways ten feet into storage yard on north and south as per
City plan dated September 24, 1986 by October 31, 1986; (7) Provide
eight foot high solid wood fence and gates (material and style to be
approved by City) as per City plan dated September 24, 1986 by
October 31, 1986; (8) All refuse and waste material shall be stored
in dumpsters to be located inside storage area immediately; (9} Al1
materials including inoperable vehicles shall be stored inside stor-
age yard, below top of fence, immediately; (10) Remove or relocate
to center of storage yard the blue-green trailer in storage yard;
(11) Remove all vehicles intended for sales or leasing immediately.
�, This special use permit is for auto repair only; no sales or leasing
of vehicles is or wi11 be permitted on this site; (12) Remove truck
PLANNING COMA4ISSION MEETIlVG�_ OCTOBER 8, 1986 pAGE 12
n body parts from roof of building immediately; (13) Repaint building
facade and trim to compliment brick cblor by October 31, 1986; (14)
Submi.t to and pay for an independent soil testing to determine extent
of soil contamination by November 14, 1986; (15) Provide remedial soil
work as indicated by testing by June 1, 1987; (16) No on-street park-
ing of vehicles serviced or waiting to be servic.ed is permi.tted; (17)
P:rovide a City approved sign which does not include mention of vehicle
sales or leasing; (18) Provide a letter of credit in the amount of
$10,000 to cover all of the above stipulations; (19) Sufficient stor-
age yard area for 10 cars to be designated for Christensen repair
garage in lease agreement; and (2) No more than 15 cars allowed in
storage yard at one time and no more than 7 cars allowed in front lot.
Mr. Schuur, owner of the property, stated if he is limited to the
storage of 15 cars in the storage yard, it would not be sufficient
room for his towing operation. He stated he has towed as many as
75 cars a day during the winter season and, even with his new site,
he needs storage at this Location.
Mr. Christensen, the petitioner, stated some of the cars on the
property have been removed and others will be removed next week.
He stated they are working to resolve this problem as well as
cleaning up the property.
The Commi.ssion reviewed each stipula�tion with the owner, Mr. Schuur,
� to determine if he had any objections.
Item l: Nh�. Schuur stated he was in agreement with this stiq�u��tion.
Item 2; Mr. Schuur stated he cannot see spending the money for an
automa.tia sprink3ing system on this site as the driveway
would have to be torn up to install it. He stated they
have not had any problems in keeping the area green.
M�. Rofi�a:naon° felt the sprinkling system is necessary
for the landscaping, when insfiaLled, and required by Code.
Item 3: Mr. Schuur stated he has a hard time justifying the in-
stallation of concrete curbii�g when the City has asphalt
curbs.
Mr. Robinson stated the present Code provides for concrete
curb and gutter.
Item 4: Mr. Schuur stated he has no problem with this stipulation.
Item 5: Mr. �chuur stated he has no problem with this stipulation.
Mr.-Christensen felt if the size of the stalls were reduced,
they would be able to provide several additional spaces.
�,
_ N�'. Robinson stated the Code requires a 10 foot parking stall.
PLANNING COMMISSION MEETING, OCTOBER 8, 1986 PAGE 13
� Item 6: Mr. Schuur stated he did not agree with this stipulation.
- He stated the south end of the building is blacktopped
to the gate. Mr. Schuur stated if he hauls in a car that
may be leaking, it could damage the asphalt.
Mr. Robinson stated the intent is to keep debris and mud
from the City streets.
Item 7: Mr. Schuur stated he has no problem with the fence, but
if a solid gate is installed, it would be very difficult
to close.
Item 8: Mr. Schuur stated he was in agreement with this stipulation.
Item 9: Mr. Schuur stated he was in agreement with this stipulation.
Item 10: Mr. Schuur stated if he installs the eight foot fence, the
trailer would not be seen.
Item 11: Mr. Billings asked Mr. Christensen how many persons are now
using this property.
, Mr. Christensen stated there is one person who brings cars
to this location to clean them prior to sale, and he has
one employee. He stated he has his repair operation and
�, Mr. Schuur uses the storage yard.
Mr. Robinson stated this special use permit would be for
the auto repair only and no sales or leasing would be
allowed.
Item 12: Mr. Schuur stated he has no problem with this stipulation.
Item 13: Mr. Schuur stated he has no problem with this stipulation.
Item 14: Mr. Schuur stated he really didn't know what this testing
and would accomplish. He stated oil does leak out of the cars
Item 15: and is one reason why the storage yard isn't blacktopped.
Item 16: Mr. Schuur stated he has no problem with this stipulation.
Item ll: Mr. Christensen stated a permit wou�d be obtained for the
sign.
Item 18: Mr. Schuur stated he has no problem with this stipulation.
N�. Robinson stated this letter of credit should be sub-
mitted prior to written approval by the City of the
special use permit.
�, Item 19: Mr. Schuur stated he has no problem with this stipulation.
PLANNING CONIMCSSION MEETING. �TOBER 8. 1986 PAGE 14
� Item 20: N�. Schuur stated he has a problem if no more than 15
- cars are allowed in the storage yard at one time. He
stated the lot would hold 30 cars and there would be
days during the winter it would be full, but may be
empty several days later. He stated he needs this
storage yard to use as an overflow lot.
Mr. Robinson stated in analyzing the storage yard, there
are double rows on cars on the east and west and if you
have four rows with an opea center aisle, he felt the
maximum would be 24 cars. He stated 15 cars would allow
for maneuverability within the storage yard: More than 15
caxs would necessitate on-street car storage while moving
vehicles in and out.
Ms. Sherek asked if the person who b�ings cars to this location for cleaning
sub-leases space from Christenson.
Mr. Christensen stated he has r�moved some,o€ the�cars; bu� .fe1t it
was a workable situation if he reduces the number of cars brought
to this location.
Mr. Kondrick stated he would like to find a way the petitioner can
do business, and to have the area looking nice. He felt any improve-
ments to the property would increase its value.
MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO CLOSE THE PUBLIC
HEARING.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
HEARING CLOSED AT 10:10 p.m.
Mr. Kondrick felt all the stipulations recommended by staff have
merit, as the property needs improvement. He stated if the special
use permit is granted, it should be reviewed after the soil testing
is completed.
Mr. Betzold stated 20 stipulations are an awful lot and it seems Mr.
Schuur is not in agreement with som� of them. He stated he understands
Mr. Schuur's concern, but cannot see a joint use of this site as
there just isn't enough space available, He stated he would not be
in favor of the special use permit for this site.
Mr. Billings stated he would agree the list of stipulations is lengthy
and would like to see all the improvements, however, sometimes progress
has to be ma.de more slow�.y. He stated he wdu�.d ttencfi to ,�uppoi-�t : Mr,
Schuur's comments rega�cding the concrete curb and gutter and the
sprinkling system. Mr, Billings felt even without these two stipu-
lations, it would be a tremendous improvement over what now exists.
Mr. Kondrick stated he didn't feel three persons can operate on this
site. He stated he would support the special use permit, if all the
^ stipulations were complied with.
PLANNING CONIMISSION MEETING. OCTOBER 8, 1986 PAGE 15
^ Mr. Saba stated he is concerned about the overflow of cars on
- this lot during the winter season.
Mr. Kondrick asked Mr. Schuur if he is willing to comply with all
the stipulations. Mr. Schuur stated if the special use permit is
granted, the area will be cleaned up, however, if the permit is
denied, he would have no other choice but tv move back to-this__��t�;�-
Mr. Schuur stated if he moves back to this location, there would be
30 cars in the storage yard, as it has been for years. He stated
from the time he occupied this building in 1960, he never had a
problem with the neighbors about moving cars in and out.
Mr. Schuur stated if he cannot lease outthis property, it leaves
him no choice but to move back as he can't keep the two locations.
Mr. Kondrick stated he didn't think Mr. Schuur shouldn't be able to
rent his property, but felt the stipulations, in his mind, are not
unreasonable. He felt the benefits to Mr. Schnur is the property
would be more saleable, if and when this happens. He felt this
property could be made to look attractive like others in the area
and cited Christensen Auto Body at East River Road and Mississippi
Street.
Mr. Betzold asked Mr. Schuur how long after a snow emergency befbre
� people elaia� their cars. Mr. Schuur stated usually within three
or four days. He stated he can store 100 cars on his new lot, but
still needs this for overflow.
Mr. Billings stated he could live with increasing the amount of cars
allowed in the storage yard from 15 to 20, especially during snow
emergencies.
MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO RECOMMEND TO THE
CITY COUNCIL DENIAL OF SPEC7'AL USE PERMCT, SP ��86-13, BY RONALD
CHRISTENSEN OF R.T.C. AUTOMOTIVE AT 5755 UNIVERSITY AVENUE N.E.
UPON A VOICE VOTE, MR. BETZOLD AND MR� KONDRICK VQ�ED-2N FAVOR OF
THE MOTION. CHA IRPERSON BILLINGS, MR. SABA, AND MS� SHEREK VOTED
AC�IINST THE MOTION, AND CHA�RPERSON BILLINGS DECLARED THE MOTION
FAILED.
MOTION BY MS. SHEREK, SECONDED BY Mft. SABA, TO RECOMMEND TO THE CITY
COUNCIL APpROVAL OF SPECIAL USE PERMIT, SP �k86-13, BY RONALD
CHRISTENSEN OF R.T.C. AUTOMOTIVE TO ALLOW A REpAIR GARA(� AT 5755
UNIVERSITY AVENUE N.E., WITH THE FOLLOWING AMENDED STIPULATIONS:
1. Install landscaping by November 15, 1986 including sodding,
planting and edging and rock mulch with weed barrier for each
shrub bed, as per City plan dated S�ptember 24, 1986.
�
PLANNING COMM[.SSION MEETIlVG, OCTOBER 8, 1986 pAGE 16
^ 2. Provide automa.tic lawn sprinkling for a11 green areas by
- November 15, 1986.
3. Provide six inch concrete curb and gutter around all hard-
surface and driveway openings by November 15, 1986, as per
City plan dated September 24, 1986.
4. Curb openings to be modified by November 15, 1986 to comply with
City plan dated September 24, 1986.
5. Sealcoat and stripe par king lot by November 15, 1986, as per City
plan dated September 24, 1986.
6. Provide hard surface driveways ten feet into storage yard on north
and south by N�vember 15, 1986, as per City plan dated September 24,
1986.
7. Provide eight foot high solid wood fence and eight foot chain link
gates, with vinyl slats at north and south (material and style to
be approved by City) by November 15, 1986, as per City plan dated
September 24, 1986.
8. Al1 refuse and waste �aterial shall be stored in dumpsters to
be located inside storage area immediately.
� 9. A11 materials including inoperable vehicles shall be stored inside
storage yard, below top of fence, immediately.
10. Remove or relocate to center of storage yard the blue-green trailer
in storage yard or totally conceal with fencing.
11. Remove all vehicles intended for sales or leasing immediately.
Special Use Permit ��86-13 is for auto repair only; no sales or
leasing of vehicles is or will be permitted on this site.
12. Remove truck body parts from roof of building immediately.
13. Repaint building facade and trim to compliment brick color by
November 15, 1986.
14. Submit to and pay for an independent soil testing to determine
extent of soil contamination by November 14, 1986.
15. Provide remedial soil work as indicated by testing by June 1, 1987.
16. No on-street par king of vehicles serviced or waitir►g to be serviced
is permitted .
17. Provide a City approved sign which does not include mention of
vehicle sales or leasing.
�
PLANNING CONIMISSION MEETING. OCTOBER 8. 1986 PAGE 17
� 18. Provide a letter of credit in the amount of $10,000 to cover all
of the above stipulations, prior to written approval by the City
of the special use permit.
19. Sufficient storage yard area for 10 cars to be designated for
Christensen repair garage in lease agreement.
20. No more than 20 cars allowed in storage yard at one time, except
during, and within 48 hours after, a snow emergency expires, and
no more than 7 cars allowed in front lot.
21. Review of this special use per mit the first meeting in June, 1987',
with monitoring by staff during the winter months.
UPON A VOICE VOTE, CI�AIRPERSON BILLINGS, MS. SHEREK AND MR� SABA
VOTED IN FAVOR OF TI� MOTION. MR. KONDRICK AND MR� BETZOLD VOTED
AGAINST THE MOTION,. CHAIRPERSON BILLINGS DECLARED THE MOTION
CARRIID BY A 3 TO 2 VOTE.
Mr. Billings stated this item would go to the City Council on October
20, 1986 and the Council would have the final decision on whether
or not this special use permit is granted.
3. CONSIDERATION OF LOT SPLIT L.S. ��86-07 BY JEFF GELDERT:
Split off the Westerly 140 feet of Lot 17, except the South 55 feet
� thereof, Auditor's Subdivision No. 22, the same being 6291 Central
Avenue N.E.
Mr. Robinson stated this 1ot split is for property located on the
southeast corner of Rice Creek Road and Old Central. He stated the
property is zoned single family and it is proposed to split off the
westerly 140 feet to create a new buildable lot of 9,035 square
feet, fronting on Central Avenue. Mr. Robinson stated the lot
area,:which now contains an existing house, would then be 7,034
square feet and below the minimum required by Code.
Mr. Robinson sta�ed if the lot split was approved t�ere shot�=d be
six stipulations, which he outlined. He stated another stipu-
lation should be added to provide for a hard surface driveway to the
existing garage.
Mr. Robinson stated the area is low and the drainage would have to
be worked out with the City Engineer. Mr. Geldert asked what would
be involved in this drainage requirement.
Mr. Robinson stated the lo� is low so the building site may have to
be raised. Mr. Geldert stated he sometimes has problems with water
when it rains for several days. He stated he has no problem with
working out the drainage.
� MOTION BY MR. KONDRICK, SECOi�TDED BY MR. SABA, TO RECOrll�ND TO THE CITY
COUNCIL APPROVAL OF LOT SPLIT, L.S. �,�86-07, BY JEFF GELDERT, 6291
CENTRAL AVENUE N.E., WITH THE FOLLOWING STIPU7�ATIONS:
ELANNING CON]MISSION ME�TING. OCTOBER 8._ 19_8_6 _ PAGE 18
�' 1. Lot area variance to 7,000 square feet for proposed lot with
existing house to be approved with split.
2. Lot width variance from 75 feet to plus or minus 64..54 feet for
both lots to be approved with split.
3. Setback averaging requirement with house to south, 6283 Central
Avenue, to be waived with split, based on long-range plan for
area.
4. Drainage requirements for new lot to be approved by City Engineer.
5. Park fee of $750 to be paid with building permi.t.
6. Record split at Anoka County within six months of Council approval.
7. Hard surface drive�ay be provided to the existing garage.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
MOTION CARRIED UNANINIDUSLY.
RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF SEPTEMBER 11 1986:
MOTION BY MR. KONDRICK, SECONDID BY MR. BETZOLD, TO RECEIVE TI� MT,NUTES
OF THE SOUSING & REDEVELOPMENT AUTHORITY OF SEPTEMBER 11, 1986.
�
� t
UPON A VOICE VOTE, ALL VOTING AYE, �HAIRpERSON BILLINGS DECLARED THE
MOTION CARRIED UN.°�NIMOUSLY.
RECEIVE ENVIRONMENTAL UALITY COMMCCSSION MINUTES OF SEPTEMBER 16 1986:
MOTION $Y MR. KONDRICK, SECONDED BY MS. SHEREK, TO RECEIVE THE MCNUTES
OF TI� ENVIRONMENTAL QUALITY CONlNILSSION OF SEPTEMBER 16, 1986.
UPON A VOICE VOTE, ALL VOTING AYE, CHA IRPERSON BILZILN(� DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RECCEIVE APPEALS CONIl�IISSION MLNUTES OF SEP�'EMBER 30 1986:
MOTION BY Mit. BETZOLD, SECONDED BY MR. KONDRICK, TO RECEIVE THE MINpTEg
OF THE APpEALS CONIl�IISSION OF SEP�EMBER 30, 1986.
Mr. Betzold stated on Page 6 regarding the variance on the parking
stalls, he wished the minutes to reflect that he voted against this
motion. He stated he wanted this clarified for the City Council.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE
MOTION CARRIED UNANIMOUSZY.
_�
PLANNING COMMISSION MEETING. OCTOBER 8, 1986_____ PAGE 19
� ADJOURNMENT •
MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO ADJOURN THE MEETING.
UPON A VOICE VOi'E, ALL VOTING AYE, CHAIRPERSON BILLINGS D�CLARED THE
OCTOBER 8, 1986, PLANNING CONIl�ICSSION MEETING ADJOURNED AT 11:10 p.m.
Respectfully submitted,
�
o'•f e � n f. [f� 4Ay r, f`• /
l� .�1..'�'-��,. ��'�' ri • - - ���:�.�
Carole Haddad
Recording Secretary
��
�
�
� ('�,/ "
l./.- � r
, J,/ �
.
1 / / j �
�' '
� �, .I i i- �
/�.� ��� ��/� ��
� ���la� �
� � � ��:�. C%�.�.�- a-�-�--.
j �cv^�. c��
� c
� � a��,
; ��j�� �
' %� �ar��
;
� �
-J �Q,
�` �
� � � ���
.���
�
� � %?.�-
Q���
��� �aNAawsr
�, �c � G � J c�w► �- s
�-�
�'
� r �.� � 11�
� ���
�
�� �
,���� �
� �
�-.t.�_ l J�
��
�
i► i i �
�n� ���, C�.�.� �-��� � ��,��
�/31�1��s�
�� s� t \
�a�a `���� ��
i���i /�'� �
ffao G'du� �/� �'
i 3 2 p /�`�' � ,�iwv�P
/, s�
/ a �/ � �c.
/�9 / ��� �
s�� �s��,� �`
J3Lca 1��'lfc.resf Dr• N�'
���� ��:.�,�� �Q..,� .
a-
�71 � l�?li����r►� 17,�
�b S"3 l� o� qD�Y � r�s�
�9�i���� .
,3�� /� ���,
l 3�� ���� �� .
.
� 3�� �s
/�l� �� �ae�g
��� ���L
� ��� t�����1 �
�� � � ����
�1,� �/i
/
�
a
V
�
�'
1,
i
�
1
I
/
7
r
l
l
�
�
�
��
,�����C���2��
�, � - �;�._,-,.
���J ���
� / -
. ��� �-i �"
� �J1� � _
,� �
-� � ,�� 1 —
.
, , �/: ,�
�� u ,��:e� � �o�� �.
��
�p 0 D ,�
o �, G O �
��������.��� \`��
��� � ��� �3 ��
���.`'
I�
.,--��-
,
�. a
��i �J.,`.. , ��
��
S �'1�Cce� �t'
�_
L�.'�%i�-�'
�
d
�
�
�
f
I
(
e