PL 05/04/1994 - 6932/�
PLANNING COMMIBBION MEETING
WEDNEBDAY� MAY 4� 1994
7:30 P.M.
PUBLIC COPY
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City of Fridley
A G E N D A
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PLANNING COMMISSION MEETING WEDNESDAY, MAY 4, 1994 7:30 P.M.
LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL.TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MINUTES: April 20, 1994
PUBLIC HEARING: AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE
CHAPTER 205. ENTITLED "ZONING", BY AMENDZNG SECTIONS 205.14.1.B
205.14.1.C. 205.15 1.B. 205.15 1.0 AND RESCINDING AND AMENDING
CHAPTER 32. ENTITLED "FOOD ESTABLISF�lENTS"
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94
06, BY WILLIAM TURNER•
Per proposed Section 205.14.01.C.(18) of the Fridley City Code,
to allow seasonal daily outdoor sales of food (mini doughnuts) on
Lot 1, Block l, Wal-Mart in Fridley, the same being 8450
University Avenue N.E. (Wal-Mart Store)
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94
/"'� 05, BY GORDON HEDLUND•
Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code,
to allow construction in the CRP-2 District (Flood Fringe) on
Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally
located on the north side Dover Street west of Broad Avenue.
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94
03, BY GORDON HEDLUND•
Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code,
to allow construction in the CRP-2 District (Flood Fringe) on
Lots 12 and 13, Block Y, Riverview Heights, generally located on
the south side of Buffalo Street east of Riverview Terrace.
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94
04, BY GORDON HEDLUND•
Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code,
to allow construction in the CRP-2 District (Flood Fringe) on
Lots 29, 30, and 31, Block X, Riverview Heights, generally
located on the south side of Cheryl Street west of Broad Avenue.
RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF APRIL 7 1994
OTHER BUSINESS•
ADJOURNMENT
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CITY OF FRIDLEY
PLANNING COMMI88ION MEETING� APRII� 20� 1994
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CALL TO ORDER:
Chairperson Newman called the April 20, 1994, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present:
Members Absent:
Dave Newman, Dave Kondrick, Dean Saba,
LeRoy Oquist
Connie Modig, Diane Savage, Brad Sielaff
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Roger Moody, Friendly Chevrolet
Scott Lund, 6251 Central Avenue N.E.
APPROVAL OF MARCH 23 1994 PLANNING COMMISSION MINUTESz
MOTION by Mr. Saba, seconded by Mr. Kondrick, to approye the March.
23, 1994, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLAR�D THE
MOTION CARRIED IINANIMOIISLY.
l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL U5E PERMIT SP
#94-02, BY FRIENDLY CHEVROLET�
Per Section 205.14.O1.C.(2) and (3) and per Section
205.12.02.B.(3) of the Fridley City Code, to allow agencies
selling or displaying new and/or used vehicles, recreational
vehicles, or boats on that part of the Southeast 1/4 of the
Southwest 1/4 lying southerly of the northerly 50 feet
thereof, lying northerly of the southerly 400 feet thereof,
and lying westerly of.the easterly 600 feet thereof, excluding
that part taken for road, and subject to easements of record,
generally located at 7011 University Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading
of the public hearing notice and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the subject property is located in the
northe�st corner of the intersection of 69th and University.
Avenues. The property is zoned P-Public. M-2, Heavy Industrial,
PLANNING COMMIS3ION MEETING. APRIL 20, 1994 PAGE 2 �
zoning is located to the north, and R-1, Single Family Dwelling,
zoning is located to the south.
Ms. McPherson stated the Planning Commission reviewed a similar
request by Friendly Chevrolet in 1993 to conduct a used car sale
on Labor Day, September 3, 4, and 6, 1993. At that time, the
Commission recommended approval of the special use permit request
with 11 stipulations. One stipulation was that the special use
permit was to be reviewed by the Planning Commission prior to the
next sale. The City Council concurred with the Planning
Commission's action.
Ms. McPherson stated staff reviewed the 1993 request with the
Police Department. The Police Department reported that they did
not receive any complaints from the Labor Day sale; however, they
did recommend that a traffic management person again be required
to direct traffic away from the neighborhood located south of 69th
Avenue.
Ms. McPherson stated staff has received telephone calls from
residents expressing concerns about the sale.
Ms. McPherson stated this new special use permit request is to
allow two sales in 1994. The first sale would be held the weekend.
of May 6-7, 1994, and the second sale would be held again on Labor �^�
Day weekend, September 3 and 5, 1994.
Ms. McPherson stated the automobiles are-proposed to be located in
the north parking lot of the site. Customer parking would be
located in front of Columbia Arena on the west side. .
Ms. McPherson stated the petitioner is proposing to block off the
area for vehicle displays and reroute traffic within the site. A
tent would be erected and portable toilets would be provided, one
would need to be handicapped accessible. The petitioner is also
proposing to have 24 hour security on site.
Ms. McPherson stated that pending any testimony from the
neighborhood, staff is recommending that the Planning Commission
recommend approval of this request with the same 11 stipulations
that were approved for the 1993 request:
1. The vehicle sales will occur no more than once per year
for no more than three days over the Labor Day weekend.
2. The use of streamers, pennants, and flags is prohibited.
3. The petitioner shall comply with the temporary sign
ordinance for all temporary signs on the property.
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4. The petitioner shall obtain a temporary building permit
and shall comply with Article 32 of the Uniform Fire
Code.
5. Portable toilets shall be handicapped accessible.
6. The petitioner shall provide a traffic management person
to properly control traffic on site and to prevent
problems occurring on 69th Avenue at the University
Avenue frontage road and to direct unnecessary traffic
away from the residential neighborhood. �
7. The participating dealerships shall apply for and receive
the appropriate City licenses.
8. There shall be -no test driving of cars in the residential
neighborhood located south of 69th Avenue and in Locke
Park.
9. Barricades shall be placed at the entrance to the
neighborhood on 69th Avenue and on 71st Avenue. The
barricade at 69th Avenue shall include a sign with the
language "residential area - no exit".
10. The cars for the sale shall be street operable and shall
not be excessively leaking fluid.
�il. The special use permit shall be reviewed by the Planning
Commission prior to the next sale. �
Mr. Newman stated stipulation #1 w'ill have to be amended to reflect
the two sales.
Ms. McPherson stated that staff�s intent was to recommend approval
of the two sales in May and September.
Stipulation #1 was amended as follows: The vehicle sales shall
occur no more than twice per year for no more than three days for
each occurrence on May 6-7, 1994, and over the Labor Day weekend.
Mr. Roger Moody, President of Friendly Chevrolet, stated that there
are four dealerships involved in the sale. He stated they had the
sale last year and really did not have any problems. They received
no complaints from the Police Department or from the residents, and.
they expect no problems this year.
Mr. Scott Lund stated he lives in the residential area directly
south of Columbia Arena. He stated he was at home over Labor Day
weekend last year, and he was not even aware of the sale.
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PLANNING COMMISSION MEETING, APRIL 20, 1994 PAGE 4 �
Mr. Moody stated they will not use any balloons or banners. There
will be no microphones or loud music. He stated he has no
objection to the 11 stipulations.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public
hearing.
IIPON A oOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAld DECLARED THE
MOTION CARRILD AND T8E PIIBLIC BEARIN(3 CL08ED AT 7:36 P.M.
Mr. Saba stated he drove by Columbia Arena. during the sale last
year, and he did not see any negative impact on the surrounding
neighborhood.
MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City
Council approval of Special Use Permit, SP #94-02, by Friendly
Chevrolet, per Section 205.14.O1.C.(2) and (3) and per Section
205.12.02.B.(3) of the Fridley City Code, to allow agencies selling
or displaying new and/or used vehicles, recreational vehicles, or
boats on that part of the Southeast 1/4.of the Southwest 1/4 lying
southerly of the northerly 50 feet thereof, lying northerly of the
southerly 400 feet thereof, and lying westerly of the easterly 600
feet thereof, excluding that part taken for road, and subject to
easements of record, generally located at 7011 University Avenue
N.E. with the following stipulations:
1. The vehicle sales shall occur no more than twice per year
for no more than three days for each occurrence on May
6-7, 1994, and over the Labor Day weekend.
2. The use of streamers, pennants, and flags is prohibited.
3. The petitioner shall comply with the temporary sign
ordinance for all temporary signs on the property.
4. The petitioner shall obtain a temporary building permit
and shall comply with Article 32 of the Uniform Fire
Code.
5. Portable toilets shall be handicapped accessible.
6. The petitioner shall provide a traffic management person
to properly control traffic on site and to prevent
problems occurring on 69th Avenue at the University
Avenue frontage road and to direct unnecessary traffic
away from the residential neighborhood.
7. The participating dealerships shall apply for and receive
the appropriate City licenses.
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8. There shall be no test driving of cars in the residential
neighborhood located south of 69th Avenue and in Locke
Park.
9. Barricades shall be placed at the entrance to the
neighborhood on 69th Avenue and on 71st Avenue. The
barricade at 69th Avenue shall include a sign with the
language "residential area - no exit".
10. The cars for the sale shall be street operable and shall
not be excessively leaking fluid.
11. The special use permit shall be reviewed by the Planning
Commission prior to the next sale.
Mr. Kondrick stated that if they approve these two sales this year,
how soon before the petitioner or another dealership is requesting
three sales, then four sales, e�tc.? Some thought should be given
to the frequency of these kind of sales. He has some concern about
this and wants to make sure that the City keeps some type of
control over these kinds of sales.
Ms. McPherson stated that, typically, for single type commercial
,�'�, uses, general outdoor sales on a routine basis are not permitted
with the exception of the SuperAmericas who are allowed, as part
of their special use permit, to have merchandise on the sidewalks
directly in front of their buildings. Otherwise, all other
outdoor-type sale uses; for instance, the automobile, RV, and boat
dealerships are all special uses in the commercial districts, so
it would be up to the City, based on the Commission's
recommendation, to set the parameters and guide-lines for these
types of sales.
Mr. Newman stated that as he understood the current ordinance,
different people could have lease� for the Columbia Arena parking
lot each weekend during the summer, and the City could,
theoretically, be dealing with a different special use permit for
each weekend.
Ms. McPherson stated that is true; but, again, through the special
use permit process, it is up to the City to determine whether it
is in the City's best interest to have these types of sales.
Mr. Newman stated they also have to be careful not to overreact;
because if these things do start to occur, it would be difficult
for the City to say that one dealership can have a sale; but
another dealership cannot have a sale because one sale has already
been held. As Mr. Kondrick said, they will have to keep an eye on
this.
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PLANNING COMMI33ION MEETING. APRIL 20. 1994 _ PAGE 6 �
Ms. McPherson stated that on May 4, 1994, the Planning Commission
will be considering an ordinance change to allow the outdoor sale
of food within commercial distriats. This may be an opportune time
to consider amending other portions of the Zoning Code to address
these concerns.
Mr. Newman stated he did not want his comments to negatively
reflect on this particular special use permit request to the City
Council.
IIPON A VOICTs VOTE � AI,L VOTING AYE, CHAIRPERSON NTsWMAI�T DECLARED THE
MOTION CARRIED UNANIMOIIBLY.
Ms. McPherson stated this special use permit request will go to
City Council on May 2, 1994.
2. VACATION REOUEST: SAV #94-01 BY SCOTT LUND:
To vacate the Easterly 179.57 feet of�a 15 foot drainage and
utility easement lying adjacent to and north of the south lot
line of Lot 3, Block 1, C�ntral V�ew Manor 2nd Addition,
generally located on Highway 65 south of Fireside Drive and
north of 73 1/2 Avenue N.E.
Ms. McPherson stated the original informal hearing notice indicated
that only the easterly 17�.57 feet of the drainage easement was to
be vacated. However, in a conversation with the adjacent property
owner to the west, Alvin Schrader, Mr. Schrader agreed that he
would also be interested in vacating the easement on his property
so this is actually going to be a joint vacation request between
Mr. Lund and Mr. Schrader.
Ms. McPherson stated the Planning Commission recently reviewed a
plat request and a rezoning request for this particular area to
allow the petitioner to construct a 13,000 square foot industrial
building on the property. However, the building encroaches into
a drainage and utility easement. There are no utilities currently
located within this easement area, and additional drainage and
utility easements have been dedicated along the west, north, and
easterly lot lines of this particular parcel which would adequately
handle the storm water. The petitioner would not need the easement
for the location of utilities to service the building, and the City
does not have a need for this particular easement.
Ms. McPherson stated the property owner to the west, Mr. Schrader,
is interested in developing the remaining lots with a large single
use. It would be likely that any structure would also encroach
into the drainage and utility easement; therefore, it is
recommended that the easement be vacated. Also, the City does not
have any utilities in the westerly portion of the easement, and
storm water would be controlled on site by a grading and drainage
plan which would be required of that developer. �`
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Ms. McPherson stated staff recommended that the Planning Commission
recommend approval of this vacation request with one stipulation:
The rezoning request, ZOA #94-01, and plat request, P.S. #94-01,
shall be approved.
MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend to City
Council approval of vacation request, SAV �94-01, by Scott Lund,
to vacate the Easterly 179.57 feet of a 15 foot drainage and
utility easement lying adjacent to and north of the south lot line
of Lot 3, Block l, Central View Manor 2nd Addition, generally
located on Highway 65 south of Fireside Drive�and north of 73 1/2
Avenue N.E. with the following stipulation:
l. The rezoning request, ZOA #94-01, and plat request, P.S.
#94-01, shall be approved.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NEtiPMAN DECI�ARED THE
MOTION CARRIED IINANIMOII3LY.
Ms. McPherson stated that at its May 2, 1994, meeting, the Council
will establish a public hearing for this request on May 16, 1994.
3. RECEIVE MARCH 10 1994 HUMAN RESOURCES COMMISSION MINUTES:
r"�\ MOTION by Mr. Oquist, seconded by Mr. Rondrick, to receive the
March 10, 1994, Human Reso�rces Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NSWMAN DTsCLARBD THE
MOTION CARRIED IINANIMOIISLY.
4. RECEIVE MARCH 14 1994 PARKS & RECREATION COMMISSION MINLTTES:
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the March
14, 1994, Parks & Recreation Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE,.CHAIRPERBON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
Mr. Kondrick stated that, as the Commission members were probably
aware, the Commission recently lost one of its valued members, John
Gargaro. Mr. Gargaro will be mourned and missed, not only by the
City, but also by the me�nbers of the Parks & Recreation Commission.
5. RECEIVE MARCH 15, 1994 ENVIRONMENTAL OUALITY & EATERGY
COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the March
15, 1994, Environmental Quality & Energy Commission minutes.
IIPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
PLANNING COMMISSION MEETING, APRIL 20, 1994 PAG$ 8
6. RECEIVE MARCH 17, 1994. HOUSING & REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
March 17, 1994, Housing & Redevelopment Authority minutes.
IIPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIBD IINANIMOIISLY.
7. RECEIVE MARCH 29 1994. APPEALS COMMISSION MINUTES: �
MOTION by Mr. Saba, seconded by Mr. Rondrick, to receive the March
29, 1994, Appeals Commission minutes.
IIPON A VOICE VOTE� ALL VOTIN(3 AYE� CBAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
8. OTHER BUSINESS•
a. Update on Lake Pointe and Southwest Quadrant
Lake Pointe
Ms. Dacy stated a new advertising brochure has been developed
by the consultant for the Lake Pointe property. Staff is in
the process of putting together inserts that will be inserted
into the right flap of the brochure which will focus on
employment, demographic information, school information, tax
information, testimonial quotes from members of major
industries, etc.
Ms. Dacy stated the consultant will develop a list of the top
companies in the metro area and Minnesota and will do a direct
mailing of these advertising brochures. They have yet to
decide on what tyge of followup will be conducted.
Ms. Dacy stated that the brochure was displayed at the
Commercial Real Estate Exhibition on Wednesday, April 13.
The HRA will soon be installing signs on the property which
advertise "Corporate Office Park For Sale".
Ms. Dacy stated they will begin advertising the Lake Pointe
site more in major business magazines such as Corporate
Report, Minnesota Ventures, Minnesota Real Estate Journal,
etc.
Mr. Kondrick stated that staff might want to consider putting
an article in the Focus News and Minneapolis Star & Tribune
to not only advertise the site, but also to let people know
why it is a good thing that the Fridley Housing & Redevelop-
ment Authority purchased back the site and what development
on the property is going to mean for the City of Fridley.
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Ms. Dacy stated Mr. Kondrick has a good point, and staff will
discuss it.
Southwest Quadrant
Ms. Dacy stated the HRA has authorized staff to interview a
number of housing developers to look at housing options. The
Council and HRA want staff to investigate some type of mixed
use proposal with retail on the first floor of a multi-story
building with condos or apartments on the remaining stories.
Staff is also evaluating whether or not the existing
apartments to the south can be rehabbed and incorporated
somehow into a project.
b. Planning Department .
Ms. Dacy stated that because of the new found emphasis on
housing and some of the other planning issues, the City
Council has authorized the City Manager to discuss adding more
staff to the Planning Department. They will soon be
advertising to fill the vacant Planning Coordinator position
and also for an intern on a part-time basis for the next 3-4
months.
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ADJOURNMENT•
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Newman
declared the motion carried and the April 20, 1994, Planning
Commission meeting adjourned at 8:15 p.m.
Respectfully submitted,
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Ly Saba "
Recording Secretary
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STAFF REPORT
Community Development Department
APPLICATION NIIMBER:
ZTA #94-01
PETITIONER•
William Turner
LOCATION•
N/A
REOIIEST•
Appeals Commission Date
Planning Commission Date : May 4, 1994
City Council Date
The petitioner is requesting a zoning ordinance amendment to
permit seasonal outdoor food sales.in the C-2 and C-3 zoning
districts. The proposed amendment would affect Chapters 205.14
(C-2, General Business), and Chapter 205.15 (C-3, General
Shopping Center), accessory and special use permit sections. In
addition to amending the zoning ordinance, the City also needs to
amend Chapter 32, entitled "Food Establishments�', and Chapter 11,
entitled "Fees" regarding the licensing of these types of sales.
BACRGROIIND:
The petitioner, William Turner, sold mini do�ghnuts inside the
Wal-Mart store during the 1993 Holiday season. Mr. Turner raas
informed by the Acting Chief Building Official that the equipment
was not in compliance with the Uniform Mechanical Code for proper
ventilation. Mr. Turner was also informed by the Planning
Department that outdoor sales of food is not curreritl.y permitted
by the zoning code. Mr. Turner subsequently requestecl the City
Council, during the "open forum" portion of the February 7, 1994
meeting, to amend the City's ordinanc.e. The City Council
directed staff to prepare alternatives.
ANALYSIS•
Alternatives
Staff developed three alternatives based on the City Counci].'s
direction:
A. To permit seasonal outdoor sales of food as a licensed
ZTA #94-01
William Turner
Page 2
accessory use. This would have permitted the use as an
accessory use, but would require the issuance of a license
under Chapter 32.
B. To require seasonal outdoor food sales as a special use
permit. This would require all seasonal sales, irregardless
of duration, to be reviewed and approved by both the
Planning Commission and the City Council.
C. Continue to prohibit outdoor sales of food and other items
- in the commercial districts.
Based on City Council direction, staff has combined alternatives
A and B in the proposed ordinance change to be reviewed by the
Planning Commission.
Current Pro�osal
The proposed ordinance change would first define daily, weekly,
and special event seasonal outdoor food sales in Chapter 32,
entitled "Food Establishments" as follows:
A. Daily sales. Sales which occur each day for ten or more
consecutive days.
B. Weekly sales. Sales which occur for a minimum of one and a
maximum of three consecutive days each week for two or more
consecutive weeks during the year.
C. Special event sales. Sales which occur for a minimum of one
and a maximum of ten consecutive days, no more than two
times per year.
Based on the above definitions, a license would only be required
for the following:
A. Special event sales.
B. Weekly sales which occur for less than two consecutive
weeks.
A special use permit would be required for:
A. Daily sales.
B. Weekly sales occurring over two consecutive weeks.
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Staff proposes the following standards for issuance of either a ��
license or a special use permit:
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%"`�, ZTA # 9 4- O l
William Turner
Page 3
1. The sale area shall not exceed ten feet by 20 feet (200
square feet of area).
2. The sale area shall be located within 20 feet of the major
entrance of the principle building.
3. The sale area shall not be located within the 20 foot
parking setback or in the public right-of-way.
4. The sale area shall not interfere with parking or traffic
patterns.
5. The pedestrian waiting area shall be clearly defined,
signed, and shall be protected and separated from vehicular
traffic.
6. Sale equipment shall meet all applicable building, fire, and
electrical codes.
7. A license shall be obtained in accordance with the
requirements of Chapter 32 of the Fridley City Code prior�to
�''�, conducting sale activities.
Analysis
The special use permit optiori for extended daily or weekly sales
gives the City the flexibility to stipulate specific time frames
or to enforce stipulations unique to the property. Licensing the
shorter sales eliminates a long applica�Cion process for the
petitioner, but he/she still has to meet the. safety standards
proposed in the ordinance.
RECOMMENDATION/STIPIILATIONS:
Staff recommends that the Planning Commission recommend approval
of the proposed ordinance change as presented in the attached
hearing notice.
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FEBRUARY 7, 1994
The Regular Meeting of the Fridley City Council was called order
at 7:36 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pled of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATION-
Mayor Nee, Councilwoma Jorgenson, Councilman
Billings, Councilman chneider, and Council-
woman Bolkcom
None
Mr. Hunt, Assistant to the ity Manager, read this proclamation
which proclaimed the we of February 13-19, 1994 as Child.
Passenger Safety Awarene Week.
Mayor Nee issued the roclamation and urged Fridley citizens to
buckle up themselves nd their children while driving during this
week and the entire ear.
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MOTION by C ncilman Schneider to approve the minutes as presented.
Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting
aye, May Nee declared the motion carried unanimously.
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MOT N by Councilman Billings to adopt the agenda as submitted.
Se onded by Councilman Schneider. Upon a voice vote, all voting
. e, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
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MR. FAROI�t TURNER, 7708 TYLER STREET RE: I:INI-DOI�IUT STAND: �%{' \.
Mr. Turner, 7708 Tyler Street, Spring Lake Par}:, appeared before
the Council regarding operation of his mini-doughnut stand inside
the Wal-Mart store.
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 1994 PAGE 2
�'`�, Ms. Dacy, Community Development Director, stated that Mr. Turner �
was asked to cease operation of his mini-doughnut stand due to
violations of the building code. She stated that a ventilation
system needs to be connected in order to operate the machine for
making the doughnuts. She stated that Mr. Turner indicated he
would operate this stand outside the store; however, the special
use permit process does not allow for this type of operation.
Ms. Dacy stated that she met with Mr. Turner and advised him to
apply for an amendment to the zoning ordinance.
Mr. Turner stated that he did not object to applying for an
amendment to the zoning ordinance if it would be approved. He also
said that he could not afford to pay for this process if it was not
approved and he could not operate his business.. He questi:oned if
his busin�ss could be licensed under the licensing of a peddler or
caterer. He stated that there has been a,good response to his
operation from the management at Wal-Mart, as well as the general
public. Mr. Turner stated that Wal-Mart did not want to install
the ventilation system, but he could operate his business outdoors.
inside'of a trailer.
Mr. Turner stated that the cities of Brooklyn Park and Coon Rapids
issue either a peddler's or caterer's license for his type of
operation.
� Councilman Schneider asked if the code�permits a supplemental use �
of commercial property for selling food.
Ms. Dacy stated that in cases where there may be a grand opening
of a business, this type of sale is permitted and approval is
required from Anoka County. She stated that this would be for a
short term use, and Mr. Turner's operation would be for long term.
Councilman Schneider aske� if Mr. Turner would be permitted to
operate his business if he applied for a restaurant license.
Ms. Dacy felt that the ordinance needed to be clarified before
Mr. Turner could operate his business. She stated that Mr. Turner
is concerned about the application fee to apply for an amendment
to the ordinance.
Mr. Turner stated that he has no problem with the cost if it would
guarantee that he could operate his business. He stated that he
has no problem with paying this. fee if a license fee could be
established.
Councilman Billings stated that as he understands, Mr. Turner would
like the Council to make a determination if he can operate his
business before qoing through the public hearing process. He
stated that the purpose of the public hearing is to gather
�-,, information and facts to determine if an amendment to the ordinance
;': t
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 3
is in the best interests of the City. He felt that he could not �
give any guarantees that if Mr. Turner applies for the amendment
it would be approved. He stated that he has some concern, as this
may open the door for a lot of persons to operate out of trucks or
trailers to sell their items which the City discourages. He stated
that if the City accommodates Mr. Turner, he questioned how it
would impact those persons who want to come into the City and sell
their merchandise from a truck. He felt that all these issues
would have to be considered.
Mr. Turner questioned if it was possible for him to operate under
a license that has already been established in the City.
Councilman Billings felt that it may be in Mr. Turner's best
interest to work with City staff to review some of his ogtions for
the operation of his business.
Mr. Turner stated that he would be in contact with Ms. Dacy's
office to discuss the matter.
PUBLIC HEARINGS:
1.
�
ENTITLED "SUBDIVISION,"
NOTIFICATION RADIUS:
n�n�rT*rr n
MOTION by Councilman Schneider to waive the readi of the public
hearing notice and open the public hearing. Sec ded by Council-
woman Jorgenson. Upon a voice vote, all vot' g aye, Mayor Nee
cleclared the motion carried unanimously an the public hearing
opened at 8:06 p.m.
Ms. Dacy, Community Development Direct , stated that the purpose
of this amendment is to expand the ublic hearing notification
radius on all development applica 'ons to 350 feet. She stated
that the purpose of the amendme is to be consistent with state
statutes and to advise a large portion of the neighborhood about
development applications. he stated that these development
applications apply to spec" 1 use permits, variances, plats, and
lot splits.
No persons in the aud� nce spoke regarding this proposed amendment.
MOTION by Counc' man Schneider to close the public hearing.
Seconded by Cou cilwoman Jorgenso.n. Upon a voice vote, all voting
aye, Mayor N declared the motion carried unanimously and the
public hear' g closed at 8:08 p.m.
2. PUB�,IC HEARI[�G ON AN 0
�CTION 4.04 OF THE FRIDLEY CITY CHARTER (CITY
ORGANIZATION AND NOMIIVATIONS AND SPECIAL ELECTIOIJS):
AN
l�'IOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
'�`�
� e 1 .
�., FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 16
$48,306.50 from the original contract with Lunda Construction �
Company. Seconded by Councilwoman Jorgenson. Upon a voice vot ,
Councilman Billings, Councilwoman Jorgenson and Mayor Nee vot in
favor of the motion. Councilwoman Bolkcom abstained from v ing_
Mayor Nee declared the motion carried.
�� \
12.
-19
TS
�rc
Mr. Flora, Public Works Director, stated tha Fridley has been
working with the City of Mounds View to jo' tly upgrade Stinson
Boulevard/Pleasant View Drive between 73rd enue and Osborne Road.
He stated that a petition was received f om residents to upgrade
the road to 38 feet with parking on bo sides and the installation
of concrete curb and gutter.
MOTION by Councilwoman Jorgenso to adopt Resolution No. 20-1994.
Seconded by Councilman Billin . Upon a voiae vote, all voting
aye, Mayor Nee declared the tion carried unanimously.
13. RESOLUTION NO. Zl-
0
���
MOTION by Counci oman Jorgenson to adopt Reso�ution No. 21-1994.
Seconded by Co cilman Billings. Upon a voice.vote, all voting
aye, Mayor Ne declared.the motion carried unanimously.
14. RESOL ION NO. 22-1994 AUTHORIZING AND DIRECTING THE
SPL TING COMBINATION OF SPECIAL ASSESSMENTS ON: LOT 1
B K 1 AND LOTS 7 AI�TD 8 BLOCK 2 NORTHCO BUSINESS PARK:
MOTI by Councilman Billings to adopt Resolution No. 22-1994.
Se nded by Councilwoman Bolkcom. Upon a voice vote, all voting
e, Mayor Nee declared the motion carried unanimously.
15. INFORMAL STATUS REPORTS:
OUTDOOR FOOD SALES:
�
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Ms. Dacy, Community Development Director, stated that at a previous
m�eting of the Council, Mr. Turner appeared before the Council
asking if Council would consider an amendment to the ordinance to
permit outdoor sales of food, as he operates a mini-doughnut stand.
She stated that staff has developed three options for�Council's
consideration: (1) no change; (2) require a special use permit in
a C-2 and C-3 district; and (3) permit this use as an accessory use
� in a C-2 and C-3 district and require a license for a"seasonal
food sale." �
FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 17
� Ms. Dacy stated that if the Council wishes to permit the outdoor
sale of food, a determination would have to be made if it would be
only for the sale of mini-doughnuts or a broader definition of
"seasonal food sales." She stated that if this is allowed,
consideration should be given to standards or stipulations to be
included in the ordinance such as the area of sale, location in
relation to major entrances, protection of pedestrian waiting
areas, equipment meeting all code requirements, site plans, etc.
She stated that staff recommends that the City continue to prohibit
outdoor sales of food in the C-2 and C-3 zoning districts.
Councilman Billings asked about the outdoor sale of food at the
'49er Days celebration and at Moore Lake Beach.
Ms. Dacy stated that the '49er Days Committee obtain approval to
permit the food vendors to operate on a temporary basis. She
stated that at Moore Lake beach, license approval is obtained from
the Health Department. She stated that Chapter 32 of the City's
license ordinance does exempt governmental subdivisions from going
through the licensing procedure. She stated that in both these two
cases, the activities are held on property zoned "Public District."
She stated that th�is district is drafted very loosely. Because
these have been municipal activities, there has not been a question
raised.
Councilman Billings felt that out of fairness, if it is acceptable
.� for the �City to have outdoor sales of food, it should be acc�ptable
for others to do the same thing.
Ms. Dacy stated that she felt there was a distinction between the
intensity of the uses. She stated that Mr. Turner proposes to
operate on a continuing basis for as many months as possible.
Councilman Billings stated that his initial response
take a closer look at allowing this kind of use for
period of time. He stated that he did not know if
create a problem. He felt that the permit process
sufficient stipulations. He stated that one problem he
often governmental units exempt themselves from rules
everyone else to abide by them.
would be.to
a specific
this would
should have
has is that
and expect
Councilwoman Jorgenson stated that she would concur with Coun�ilman
Billings. She felt that the City should exempt themselves and not
allow others the same type of access.
Council4�oman Bolkcom stated that she would also agree_ Her only
concern is.that sales of this nature may cause problems in other
areas as.far as pedestrians and traffic. �
Mr. Herrick, City Attorney, felt one issue that should be clear is
if this would be an outdoor sale or consumption of food_
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FRIDLEY CITY COIINCIL MEETING OF MARCH 7. 1994 ___ PAGE 18
Councilman Billings stated that he would like staff to review this
item and have these permits for a definite period of time. He
would also like Council to have the opportuni�y to review them
annually. _
Mr. Herrick felt that an annual review would be acceptable. If
any conditions were placed on the permit and were violated, the
permit could be revoked.
Mayor Nee requested staff to work on this issue and bring it back
to the Council.
16. CLAIMS-
MOTION by Councilwoman Jorgenson to authorize payment of Clai os.
54298 through 54530. Seconded by Councilwoman Bolkcom. pon a
voice vote, all voting aye, Mayor Nee declared the motio carried
unanimously_
17. LICENSES:
MOTION by Councilman Billings to approve the lic ses as submitted
and as on file in the License Clerk's Office. conded by Council-
^� woman Bolkcom. Upon a voice.vote, all v ing aye, Mayor Nee
declared the motion carried unanimously.
18. ESTIMATES:
MOTION by Councilwoman Bolkcom
submitted:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Buil
G401 University Avenue N.E/
Fridley, MN 55432
approve the estimates as
Statement for Serv'ces Rendered as
City Prosecuting ttorney for the
Month of Januar , 1994. . . . . . . . . . . $ 15,528.75
Maier Stewart & A ociates
1326 Energy Par Drive
St. Paul, MN 5 08
52nd Av nue Floodway/Clover Pond Diversion
Proje t No. 222
Est' ate . . . . . . . . . . . . . . . . . . $ l, 570. 00
cke Park Filter Plant Modification
� roject No. 240
Estimate . . . . . . . . . . . . . . . . . . $ 7, 651.23
�
�
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WAL�MART
8450 University Avenue NE
Fridley, Minnesota 55421
612/780-9400
February 7, 1994
To whom it may concern:
It was our pleasure to have a mini-doughnut stand in our store
during the months of November and December. Customers and
associates alike very much enjoyed having these dough-nuts
available. I was approached by several customers and associates
who told me tha�t they e�njoyed the doughnuts and had purchased
some on each visit to our store.
We would welcome them back and would highly recommend them.
Sincerely,
,
� ,,,,� -�����_
� '' G �
C'�.� -
Steve Woodley
Store Manager
WE SELL FOR LESS!
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CITY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E. �
FRIDLEY, MN 55432 -
(612) 571-3450 � COMMUNITY DEVELOPMENT DEPARTMENT
ZONING TEXT AMENDMENT
Recruested Chan�e
Section of Fridley Code to be changed .(Attach additional documents if necessary)
��,�.� 1/, .�v. �, ��
Request Language. (Attach additional documents if necessary) �
L',� 1 f : � �.����.�{s �
Reason for requested change. (Attach additional documents if necessary)
i._ , i � � f n l) i � i .
PETITIONER INFORMATION .
NAME
ADDRESS
Fee: $300.00 �
ZTA # ��:�j
AppGcation received by: i�
Scheduled Planning Commis;
Scheduled City Council date:
DAYTIME PHONE
�. a n
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Notice is hereby
Fridley Planning
University Avenue
the purpose of:
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING", BY
AMENDING SECTIONS 205.14.1.B, 205.14.1.C,
205.15.1.B, 205.15.1.C, AND RESCINDING AND
AMENDING CHAPTER 32, EATTITLED "FOOD
ESTABLISHMENTS"
205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS
1. USES PERMITTED
B. Accessory Uses.
The following are accessory uses in C-2 Districts:
� Weeklv seasonal outdoor food sales occtirring less
n than two consecutive weeks as defined and
reaulated by Chapter 32 of the Fridlev City Code
�
� SAecial event seasonal outdoor food sales as
defined and regulated by Chapter 32 of the Fridle�
City Code.
C. Uses Permitted With A Special Use Permit.
The following are uses pernaitted with a Special Use Permit
in C-2 Districts:
18 Dailv seasonal outdoor food sales as defined and
reaulated bv Chapter 32 of the Fridley City Code
and meetina the following standards•
� Sale area shall not exceed 10 feet x 20 feet
(200 square feet of area)
� Sale area shall be located within 20 feet of
the maior entrance of the princit�al buildina
�c. �ale area shall not be located within the 20
foot �arkina setback or in the public right
of-wav.
� Sale area shall not interfere with parking or
traffic patterns
� The pedestrian waiting area shall be clearlv '�
defined, signed, and shall be protected and
separated from vehicular traffic.
� Sale equipment shall meet all applicable
building, fire, and electrical codes.
.igl A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code prior to conductinq sales
activities.
19 Weekly seasonal outdoor food sales occurring for
more than two consecutive weeks, as defined and
requlated in Chapter 32 of the FridleY Citv Code,
and meeting the following standards:
� Sale area shall not exceed 10 feet x 20 feet
5200 square feet of area).
� Sale area shall be located within 20 feet of
the major entrance of the �rincipal buildi.nq.
� Sale area shall not be located within the 20
foot parkinQ setback or in the public riaht-
of-way. � ��
� Sale area shall not interfere with parkinct or
traffic natterns. �
- � The pedestrian waiting area shall be clearlv
defined. siQned, and shall be protected and
separated from vehicular traffic.
,� Sale equipment shall meet all applicable
buildina, fire and electrical codes.
� A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code prior to conductina sales
activities.
205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS
l. USES PERMITTED
B. Accessory Uses.
The following are accessory uses in C-3 Districts:
�
. . ��
�"'� � Weekly seasonal outdoor food sales occurring less
than two consecutive weelcs as defined and
recrulated in Chapter 32 of the Fridley City Code
�
� Special event seasonal outdoor food sales as
defined and regulated in Chapter 32 of the Fridley
Cit Code.
C. Uses Permitted With A Special Use Permit.
The following are uses permitted with a Special Use Permit
in C-3 Districts: -
21 Dailv seasonal outdoor food sales as defined and
recrulated in Chapter 32 of the Fridlev City Code
and meeting the following standards•
.� Sale area shall not exceed 10' x 20' (200
sauare feet of area)
� Sale area shall be located within 20 feet of
a maior entrance of the principal buildina
.L�.�_
of-wav.
� Sale_area shall not interfere with parking or
traffic t�atterns
� The bedestrian waiting area shall be clearly
.Lf� Sale eauipment shall meet all applicable
building and fire codes
� A license shall be obtained in accordance
with the reauirements of Chapter 32 of the
Fridlev Citv Code prior to conducting sales
activities.
22 Weeklv seasonal outdoor food sales occurring for
more than two consecutive weeks as defined and
rectulated in Chapter 32 of the Fridley City Code
and meetincr the following standards•
.� Sale area shall not exceed 10' x 20' (200
.square feet of area)
� Sale area shall be located within 20 feet of
^ a maior entrance of the �rincipal buildin_g
�
jcl Sale area shall not be located within the 20 �
foot parking setback or in the public right-
of-way.
� Sale area shall not interfere with Aarking or
traffic patterns.
�e, The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
� Sale equipment shall meet all applicable
building and fire codes.
� A license shall be obtained in accordance
with the reuuirements of Chapter 32 of the
Fridley City Code prior to conducting sales
activities.
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 April 27, 1994.
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 Fr.idley Community �
Development Department at 571-3450.
Publish: April 19, 1994
April 26, 1994
4
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
��
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STAFF REPORT
� Community Development Department
Appeals Commission Date
Planning Commission Date : May 4, 1994
City Council Date
APPLICATION NIIMBER:
• SP #94-06
PETITIONER:
• William Turner
LOCATION•
• Wal-Mart, 8450 University Avenue N.E.
REOUEST•
♦ The petitioner is requesting a special use permit to permit
"daily sales'� of mini-doughnuts to be conducted in front of
the Wal Mart store. This special use permit application has
been filed in anticipation that the proposed zoning
ordinance text amendment regarding�outdoor food sales is to
be adopted. If the ordinance amendment application is not
passed, then this application is moot.
BACRGROIIND:
• The petitioner sold mini-doughnuts inside the Wal Mart store
during the 1993 holiday season; however, because the
doughnut equipment did not have proper ventilation equipment
according to the code, the Acting Building Official
determined that the equipment could not operate indoors
without proper venting. Turner subsequently asked the City
Council to consider amending the appropriate regulations to
permit his operation outdoors.
ANALYSIS•
• The petitioner owns a seven by ten foot "trailer" in which
the operator makes and sells the doughnuts. The trailer is
proposed to be located fifteen to twenty feet west of the
main entrance into the store.
The petitioner's proposed use and location meets the
standards in the zoning ordinance:
SP #94-06
William Turner
Page 2
1. The trailer size and sale area is less than 200 square
feet.
2. The sale area is within 20 feet of the entrance to the
building.
3. The sale area is not within the parking setback area.
4. The trailer and sale area is located on the sidewalk in
front of the store. Patrons will not have to wait in
the parking area.
5. Because the pedestrian waiting area will be on the
sidewalk, the patrons should be protected from traffic
in the parking lot.
6. The sale equipment must have an approved fire
extinguishing system for the deep fat fryer. Because
the equipment will be used outside, the venting
equipment required under Section 96 of the NFPA does
not have to met.
7. The petitioner will have to obtain the license required
under the revised Chapter 32 of the City Code regarding
food sales.
The petitioner has not indicated a specific timeframe for
the length of the sales, although given that it is an
outdoor activity, a suggested timeframe is May 1 through
October 1.
RECOMMENDATION/STIPULATIONS:
♦ Staff recommends the Planning Commission recommend approval
of Special Use Permit #94-06 to permit daily sales of mini-
doughnuts at 8450 University Avenue subject to the following
conditions:
1. Daily sales of mini-doughnuts shall begin on May 1 and
end on October 1 of each year.
2. The petitioner shall submit documentation to the Fire
Marshall regarding the fire extinguishing system for
the deep fat fryer.
9 -
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3. The petitioner shall obtain a license as required in
Chapter 32 of the City Code and comply with the seven �
standards of the proposed ordinance amendment.
, y
^ SP #94-06
William Tu�ner
Page 3
4. This special use permit is for the daily sales of mini-
doughnuts only; additional sales shall obtain the
appropriate licenses or special use permits as governed
by the proposed ordinance amendment. Extensions to the
sale period shall be approved by the City Council.
�
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SP ��94-06
William Turner �
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LOCATION MAP
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FUTURE EXPANSION AREA I 31,025 S-E
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SP ��94-06
William Turner
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SITE PLAN
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CITY OF ERIDLEY � �
6431 UNIVERSITY AVENUE N.E. �
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION FORM
�ROPERTY INFORMATION - site plan required for submittal; see attached
Address: �C? L� � v�s�t�f �� �t -
Progerty Identification Number (PIl�
Lega1 description:
Lot i
Current zoning:
B lock I TracdAddition �A2-���" w���
c �y Square footage/acrea.ge
Reason for special use p�rmi� Jo ,c�Vl di"
—�c� �wi�.� d�n,��s Section of City Code: .
Have you operated. a business in a ciry whiCh required a business license?
Yes "�T No If yes, �vhich city? ��-� �� � ��-��
� n n
If yes, what type of business? �``� U%C��.��'
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 li✓;'/- /h U r�'
ADDRESS �"��ii1 L.�n�'�cr.c��y �t�
�i".� .�%.� /br /� �^'S �1.; 3— DAYTIli/� PHONE 7��"� ' �.%�JJ
SIGNATURE
PETITIONER INFORMATION
NAME ic
ADDRESS
SI
DATE �,'�/�/iY
DAY'I'IlVIE PHONE % ,�'C 3 �% �
DATE 3 � � � � �
Fee: �400.00 $100.00 for residential2nd accessory buildings
Permit SP # !�' � Receipt # 1 a C�/
Application received by: �8��
Scheduled Planning Commi ion date:
Scheduled City Council date:
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Notice is hereby
Fridley Planning
University Avenue
the purpose of:
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for
Consideration of a Special Use Permit, SP
#94-06, by William Turner, per proposed
Section 205.14.01.C.(18) of the Fridley City
Code, to allow seasonal daily outdoor sales
of food (mini doughnuts) on Lot 1, Block 1,
Wal-Mart in Fridley, the same being 8450
University Avenue N.E. (Wal-Mart Store)
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 April 27, 1994.
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.
Publish: April 19, 1994
April 26, 1994
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
.
Planning 4/15/94
SP 4�94-06
Wal-Mart Stores MAILING LIST Council ��
Wal-Mart Stores
8450 University Avenue N.E.
Fridley, MN 55432.
Wal-Mart Stores
702 SW 8th Street
Bentonville, Arkansas 72716
Springbrook Nature Center
100 - 85th Avenue N.E.
Fridley, MN 55432
City of Spring Lake Park
1301 - 81st Avenue N.E.
Spring Lake Park, MN 55432
Bryant Investments Co.
7841 Wayzata Boulevard
Minneapolis, MN 55426
Northwest Orthopaedic Surgeons
8290 University Avenue N.E.
Fridley, NIN 55432
William Turner
7708 Tyler Avenue N.E.
Spring Lake Park, MN 55432
Springbrook Apartments
101 - 83rd Avenue N.E.
Fridley, NIN 55432
University Avenue Associates
7841 Wayzata Boulevard
Minneapolis, MN 55426
YMCA of Metro Minneapolis
30 South 9th Street
Minneapolis, MN 55402
Philip Nior_roe
720 Sunset Drive
Marinette, WI
Planning Comm. Chair
City Council Members
�'�'�
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1 1 �
S TAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date
City Council Date
APPLICATION NIIMBER:
SP #94-03
PETITIONER:
Gordon Hedlund
LOCATION:
7915 Riverview Terrace N.E.
REQIIE3T:
May 4, I994
The petitioner requests that a special use permit be
allow construction of a single family dwelling unit,
Fringe district. The request is for a vacant parcel
the southeast corner of the intersection of Buffalo
Riverview Terrace.
ANALYSI3:
zoninq Requirements
issued to
in the Flood
located in
Street and,
The property is zoned R-1, Single Famil� Dwelling. There are
additional residential uses surrounding the subject parcel. The
parcel is vacant, and the petitioner proposes to prepare the
parcel for sale (the petitioner does not have a purchaser for the
property, and does not have proposed house plans). The subject
parcel has been a lot of record since it was platted prior ta
1955. The lot requirements are therefore different than what is
required for current lot splits/plats. The subject parcel has a
lot area of 7,982.4 square feet which exceeds the minimum 7,500
square foot requirement. The subject parcel has a width of 60
feet, which exceeds the minimum lot width requirem�nt of 50 feet.
The surveyor has identified the proper setback requirements for
the R-1, Single Family Dwelling district on the site survey, and
has located a possible house pad on the property which meets
those setback requirements.
Flood Frinqe Requirements
Section 205.24.05.A of the 0=1 district regulations require that
the first floor elevation of all habitable living space is a�
SP #94-03
Gordon Hedlund
Page 2
minimum of one foot above the 100 year flood elevation. The 100
year flood elevation for the subject parcel is 822.9. The
minimum first floor elevation, therefore, is 823.9 for all
habitable spaces. The petitioner has proposed a first floor
elevation of 824. The O-1 regulations also require that an
elevation certificate be submitted.
*�3tipulation** The petitioner shall submit an elevation
certificate in addition to a verifyinq survey
prior to the foundation beinq capped, which
shall verify that the minimum first floor
elevation is 824.
�
The O-1 district regulations permit accessory uses below the 100
year flood elevation if those accessory uses are flood-proofed in
accordance with current federal and state flood-proofing
regulations and the following standards: a) Not for human
habitation; b) Have low flood damage potential; and c) Structures
are firmly anchored. The garage is proposed to be at an
elevation of 822. This is permitted if the garage is flood-
proofed to the 100 year flood elevation of 823.9.
�
� �
**Stipulation** The petitioner shall flood-proof the garage
in accordance with current federal and state
flood-proofinq requirements to a minimum of
the l00 year flood elevation.
The O-1 district regulations also require that the fill needed to
increase the elevation of the first floor extend a minimum of 15
feet from the proposed dwelling unit. The petitioner is
proposing to comply with the fill requirement; however, as a
result of placing fill on the subject parcel, the natural
drainage patterns of the parcel will be changed.
Water currently flows from west to east across the subject parcel
into Buffalo Street to a catch basin located at the east end of
Buffalo Street. Once it enters the catch basin, the water then
flows into Springbrook Creek. There is also a low area along the
south lot line where water would flow into the property to the
south.
As a result of the fill being placed on the subject parcel, water
will be instead directed toward the north and east lot lines. In
order to direct storm water flow so that it leaves the subject
parcel, a well-defined drainage swale will need to be constructed
along the south and east lot lines to prevent water from entering
the property to the south. A grading and drainage plan stamped �
and signed by a registered civil engineer will need to show the �
design of the drainage swale, as well as indicate spot elevations
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SP #94-03
Gordon Hedlund
Page 3
and percent slopes for the drainage swale. The petitioner will
also need an erosion control plan as required by Chapter 208.
The petitioner wants to receive full approval from the City to
construct a single family dwelling on the parcel. In order to be
assured that the drainage will be adequately addressed, the
signed and stamped plans should be submitted prior to the
Planning Commission making a recommendation to the City Council.
**Stipulation�*
The fill placed
a minimum of 15
dwelling unit.
on the propertp shall egtend
feet from the proposed
The petitioner is proposing to canstruct a retaining wa1T along
the south property line due to the amount.of fill needed. The
design of the retaining wall should be revised and.signed by a
structural engineer.
�*Stipulation*+� The petitioner shail submit retaininq wall
plans that have been siqned by a structural
enqineer.
Hold Harmless Aqreement
The City has in the past required petitioners of similar requests
to execute and record hold harmless agreements against the
property. This releases the City from liability if damage occurs
due to flooding.
�*stipulation** The petitioner shall euecute and record
aqainst the property a hold harmless
agreement releasinq the City from liability
if damage occurs as a result of floodiaq.
Road Easement
The Engineering Department is requesting a l0 foot flood control,
street, utility, and drainage easement. In 1969, the City began
condemnation proceedings for a similar easement of 7 feet.
Riverview Terrace is proposed to be reconstructed as a
neighborhood collector street under the Minnesota State Aid
Program (MSA). Additional right-of-way is needed to meet MSA
standards. This right-of-way may be obtained through the
granting of easements.
**Stipulation** The petitioner shall grant a 10 foot flood
control, street, utility, and drainage
easement along the west lot line.
SP #94-03
Gordon Hedlund
Page 4
Miscellaneous Requirements
There are a number of mature trees located on the subject parcel.
These trees are an asset to the subject parcel, and an attempt
should be made by the petitioner to preserve as many trees as
practical.
**Stipulation** The grading and drainage plan shall indicate
the number of trees to be preserved.
The subject parcel is composed of two, 30 foot lots with two
individual Property Identification ATumbers (PIN). The City
Assessor has requested that the petitioner combine these lots
into one PIN, therefore, receiving one tax statement.
**Stipulation** The petitioner shall sign a Combination Form,
combininq the property into one tax statement
prior to building permit issuance.
RECOMMENDATION/STIPIILATIONS:
�
/�"�,
The petitioner has complied with the requirements of the O-1
district regulations. Stafi is concerned, however, that the
storm water runoff be properly addressed by the petitioner.
Staff recommends that the Planning Commission conduct the public
hearing regarding the special use permit request to hear
testimony from the neighbors, but table its decision until the
petitioner has submitted the required grading and drainage plan
from a registered civil engineer. If the Commission chooses to
recommend approval of the request, staff recommends the following
stipulations:
i. The petitioner shall submit an elevation certificate in
addition to a verifying survey prior to the foundation being
capped, which shall verify that the minimunt first floor
� elevation is 824.
2. The petitioner shall flood-proof the garaqe in accordance
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum of 15
feet from the proposed dwellinq unit.
4. The petitioner shall submit retaining wall plans that have
been signed by a structural enqineer.
,
!�'� SP #94-03
_ Gordon Hedlund
Page 5
5. The petitioner shall esecute and record aqainst the property
a hold harmless aqreement releasing the Citp from liability
if damage occurs as a result of floodinq.
6. The petitioner shall grant a 10 foot flood control, street,
utility, and drainage easement along the west lot line.
7. A grading and drainaqe plan, and an erosion control plan
shall be desiqned, signed, and stamped by a registered civil
engineer showinq well-defined drainage swales along the
north, west, and easterly lot lines. The drainaqe plan
shall indicate spot elevations and percent slopes for.the
drainage swales. These plans shall be submitted for staff
review prior to City Council review of the special use
permit.
8. The qrading and drainage plan shall indicate the number of
trees to be preserved.
9. The petitioner shall sign a Combination Form, combininq the
property into one tax statement prior to buildinq permit
^� issuance.
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SP ��94-03
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DISTRICT LEGEND
\� \ (�.i� R-1 ONE FAMII� UWG'S ❑ Y-/ LIONT INDUSTPIAL Q
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C-7 OENERAL SHOPP�NG �
C-Mi CENER�L OFfICE ❑ VnCATEO STNCETS ._
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SITE PLAN
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Notice is hereby
Fridley Planning
University Avenue
the purpose of:
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for
Consideration of a Special Use Permit, SP
#94-03, by Gordon Hedlund, per Section
205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in.the CRP-2
District (Flood Fringe) on Lots 12 and 13,
Block Y, Riverview I�eights, generally located
on the south side of Buffalo Street east of
Riverview Terrace.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabiliti.es who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than April 27, 1994.
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.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
�
Publish: April 19, 1994
April 26, 1994
SP ��94-03
Gordon Hedlund �
Gordon Hedlund
1255 Pike Lake Drive
New Brigh.ton, NIN 55112
Garland Lagesse
7951 Broad Avenue N.E.
Fridley, MN 55432
Current Resident
7919 Broad Avenue N.E.
�� Fridley, MN 55432
James Bowe �,,�,�--�
2546 - 3rd Street N.E.
Minneapolis, MN 55418
Walter Rasmussen
541 - 79th Way N.E.
Fridley, MN 55432
Michael Porter
600 Buffalo Street N.E.
Fridley, MN 55432
Robert Kohls
640 Cheryl Street N.E.
Fridley, MN� 55432
Bruce Thompson
6212 Hillside Road
Minneapolis, MN 55436
MAILING LIST
Constance Clark
6.30 Cheryl Street N.E.
Fridley, MN 55432
Renee McCoy
581 Buffalo Street N.E.
Fridley, NIN 55432
Anthony Turek
611 Buffalo Street N.E.
Fridley, MN 55432
James Brady
641 Buffalo Street N.E.
Fridleq, MN 55432
Current Resident,/��
631 Buffalo Street N.E.
Fridley, MN 55432
Gerald Kostohryz
609 Cheryl Street N.E.
Fridley, MN 55432
Gerald Boots
615 Cheryl Street N.E.
Fridley, MN 55432
Donald Engebrit
60 Logan Parkway N.E.
Fridley, MN 55432
Frank Shimek Current Resident
7901 Riverview Terrace N.E. 627 Cheryl Street N.E.
Fridley, MN 55432 Fridley, MN 55432
Current Resident
630 Buffalo Street N.E.
Fridley, MN 55432
Clark Nason
614 Cheryl Street N.E.
Fridley, MN 55432
Joel Marquardt
7921 Riverview Terrace N.E.
Fridley, MN 55432
David Lindquist
7941 Riverview Terrace N.E.
Fridley, MN 55432
Kim Hudyman
641 Cheryl Street N.E.
Fridley, MN 55432
M. Dwight Just
661 Cheryl Street N.E.
Fridley, MN 55432
Planning 4/15/94
Council
Monte Maher
79G5 Riverview Terrace N.E.
Fridley, MN 55432
Current Resident�
7899 Broad Avenue N.E.
Fridley, MN 55432
Current Resident�l��
7890 Broad Avenue N.E.
Fridley, MN 55432
Planning Comm. Chair
City Council Members
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� CITY OF FRIDLEY
- 6431 UNIVERSITY AVENUE N.E. �
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see atta.ched
Address: � �i O� � l ���iZ (/i �Ir� �� �(���-e. �
Property Iden�cation Number (PIl� /� O 3 � o�1� 3� �/S�y � O/��
Legal description:
�t `�" Block � TracdAddition �% ���// �4✓ C /��,y��
Current zoning: � Square foota acreage ����
Reason for special use permi� �,��Q ��C..��� �
- Section of City Code:
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?
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Was that license ever denied or re�oked? : Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Pur asers: Fee Owners m st sign this form prior to processing)
NAME_ v �"l DO/� %��.� /% L �-1 /V_D
SIGNATURE
DAYTIME PHONE _ 6�'33— G� � �
DATE -- �/— f /
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PETITIONER INFORMATION
NAME S"' f��j�
ADDRESS ^
DAYTIME PHONE
SIGNATURE DATE
Fee: $400.00 $100.00 for residential2nd accessory buildings
Permit SP # -D Receipt # � r p$
Apphcation received by:
Scheduled Planning Com ' sio date:
Scheduled City Council date:
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DPJF� P�1ETRr r�E�;In��•J t.� TEL�F��1�-, �'�-�'�-+�'�'
H E_� r � t_, _� � 1�:`•. f.J �_� . i_! `� P' . �� � 1
STATF OF •
Uv U� L� � �,� U [.=.)
a�PA1�TM�NT �F NATURAL RE50URCES
.Me�ro Waters, 12fl0 Warner Rd. , St. Paul, rRN 55io6�ENa.
PHON�wO_ 7ry2-791b
April 26, 1994
Mss. MiGhele McPherson, Planning Assistant
City of �'ridley
6431 University Avenue N.�.
Fridley, MN 55432
RE: ���pQ�SIDENTIALSCdNSTRUGT ON E� TY OFZ RIDY�EY,EANO�CA COVNmYE
�'OR 1�
Dear Ms. McPhe�son:
Z have reviewed �he mat�x�als yau serit for the 3 lots proposedTno�
b� fx�l�d by Gordon Hed�und for residentiak constructian.
Fxaposa� appears to be consist�nt with �he City�s floadplain
ordinanae. We hav� na abj�ctions to the issuanoe of �he spa��.al
use permit�.
Please be aware that anoe the fi.11 is in and the hom�s built, the
property technically remains in the floodpl�in until the map is
revised through a Let�er of Map Revisian (LOMR} and the City adapts
the rev�.sed ma�p with an axdinance amer�dment. The� c�rdinan�e
amendment tlxen needs DNR spproval . The main benef it o�' the �OMR is
to remove the flovd insu=�nce r�c�uirement for structures bui�t in
�he flos�dplain and fi»anced With f�deral ddllars.
Thank yau for the opportunity ta �omment. Please feel �ree �o call
me if you have any questions.
Sinaerely,
�
Tom Hovey
Axea Hydrol gi�.t
Post-It�° brand fax transmittal memo 7671 � af pago6 ►
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To �C.� L- P\4T � �s w� a�
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Fex !I 5 / M,� tt � Fax N
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AN EQUAL OPPORTUNITY EMPLOYER
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MainFenancc
ME MORANDUM
TO: Barbara Dacy, Community Development Director PW94122
FROM: Scott Erickson, Asst Public Works Director��
DATE: April 15, 1994
SU&1ECT: Preliminary Drainage and Grading Review of Lots Located. at 7915
Riverview Terrace, 665 Dover Street, and 600 Cheryl Street
The following comments are based on the grading details and elevations provided by the
property owner and a site visit made on Monday, April 11, 1994.
� 7915 Riverview Terrace
1. A structural engineer will need to design and approve the proposed retaining wall.
2. Provide a minimum 5-ft-wide drainage swale along the south and east property lines.
Specific elevations and percent grades shall be shown for the drainage swales.
Install rip-rap at downstream end of swale.
3. An erosion control plan shall be submitted and approved prior to building permit
approval.
4. A 10 ft easement for street, utility, and drainage purposes will be required along
Riverview Terrace.
665 Dbver Street
1. A well defined drainage swale will be required along the back and side lot lines. It
will be necessary to show elevations and percent grades for the proposed swales.
The lot will need to be graded such that it accepts the drainage from the property
to the north.
2. An erosion control plan shall be submitted and approved prior to the issuance, of a
building permit.
�
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April 15, 1994
Page 2
600 Cheryl Street
1. Provide a minimum 5-ft wide drainage swale along the south and west property
lines. Elevations and percent grades will need to be shown for the drainage swales.
2. It will be necessary to ensure the drainage from the property to the east is
adequately addressed. Elevations will need to be shown along with the necessary
grading issues addressed.
3. An erosion control plan shall be submitted and approved prior to the issuance of a
building permit.
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S TAFF REPO RT
�, Community Development Department
Appeals Commission Date
Planning Commission Date : May 4, 1994
City Council Date
APPLICATION NIIMBER:
SP #94-04
PETITIONER�
Gordon Hedlund
LOCATION•
600 Cheryl Street N.E.
REOIIEST•
The petitioner requests that a special use permit be issued to
allow construction of a single family dwelling unit in the Flood
Fringe district. The request is for a vacant parcel located in
the southwest corner of the intersection of Cheryl Street and
Broad Avenue.
ANALYSIS•
Zoning Requirements
The property is zoned R-1, Single Family Dwelling. There are
additional residential uses surrounding the subject parcel. The
parcel is vacant, and the petitioner proposes to prepare the
parcel for sale (the petitioner does not have a purchaser for the
property, and does not have proposed house plans). The subject
parcel has a lot area of 9,337.25 square feet which exceeds the
minimum 9,000 square foot requirement. The subject parcel has a
width of 85 feet, which exceeds the minimum lot width requirement
of 75 feet. The surveyor has identified the proper setback
requirements for the R-1, Single Family Dwelling district on the
site survey, and has located a possible house pad on the property
which meets those setback requirements.
Flood Fringe Requirements
Section 205.24.o5.A of the O-1 district regulations require that
the first floor elevation of all habitable living space is a
minimum of one foot above the 100 year flood elevation. The 100
year. flood elevation for the subject parcel is 822.9. The
minimum first floor elevation, therefore, is 823.9 for all
SP #94-04
Gordon Hedlund
Page 2
habitable spaces. The petitioner has proposed a first floor
elevation of 823.9. The O-1 regulations also require that an
elevation certificate be submitted.
**Stipulation** The petitioner shall submit an elevation
certificate in addition to a verifyinq survey
prior to the foundation beinq capped, which
shall verify that the minimum first floor
elevation is 823.9.
The O-1 district regulations permit accessory uses below the 100
year flood elevation if those accessory uses are flood-proofed in
accordance with current federal and state flood-proofing
regulations and the following standards: a) Not for human
habitation; b) Have low flood damage potential; and c) Structures
are firmly anchored. The garage is proposed to be at an
elevation of 821.9. This is permitted if the garage is flood-
proofed to the 100 year flood elevation of 823.9.
�
�*Stipulation** The petitioner shall flood-proof the qarage
in accordance with current federal and state
flood-proofing requirements to a minimwn of ,s�
the 100 year flood elevation.
The O-1 district regulations also require that the fill needed to
increase the elevation of the €irst floor extend a minimum of 15
feet from the proposed dwelling unit. The petitioner is
proposing to comply with the fill requirement; however, as a
result of placing fill on the subject parcel, the natural
drainage patterns of the parcel will be changed.
Some of the water currently "sheet" flows from north to south
across the subject parcel into Cheryl Street where it flows to a
catch basin located at the northwest corner of the parcel. Once
it enters the catch basin, the water then flows east and south to
Springbrook Creek. A portion of the water appears to remain on
the property in the southwest and southeast corners of the
parcel. Water from the property to the west also flows toward
and into the subject parcel.
As a result of the fill being placed on the subject parcel, water
will be instead directed toward the west and south lot lines. In
order to direct storm water flow so that it leaves the subject
parcel, well-defined drainage swales will need to be constructed
along the west and south lot lines. A small retaining wall is
proposed to be constructed along the south lot line to increase
the elevation, however, there does not appear to be adequate
slope along the west lot line to direct runoff toward Cheryl %�,
Street. A swale may not adequately address the drainage. The
a .
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SP #94-04
Gordon Hedlund
Page 3
petitioner may need to install some type of pipe system. The
drainage swale or pipe will need to accommodate water fXom the
proposed single family dwelling and from the property to the
west. A grading and drainage plan stamped and signed by a
registered civil engineer will need to show the design of the
drainage swale or pipe, as well as indicate spot elevations and
percent slopes for the drainage swale or pipe. The petitioner
will also need an erosion control plan as required by Chapter
208.
The petitioner wants to receive full approval from the City to
construct a single family dwelling on the parcel. In order to be
assured that the drainage will be adequately addressed, the
signed and stamped plans should be submitted prior to the
Planning Commission making a recommendation to the City Council.
*+�Stipulation*+� The fill placed on the property shall estend
a minimum of 15 feet from the proposed
dwelling unit.
^ Hold Harmless Agreement
The City has in the past required petitioners of similar requests
ta execute and record hold harmless agreements against the
property. This releases the City from liability if damage occur.s
due to flooding.
**Stipulation** The petitioner shall execute and record
aqainst the property a hold harmless
agreement releasing the City from liability
if damage occurs as a result of flooding.
Miscellaneous Requirements
There are a number of mature trees located along the south lot
line. These trees are an asset to the subject parcel, and an
attempt should be made by the petitioner to preserve as many
trees as is practical.
**Stipulation*� The gradinq and drainage plan shall indicate
the number of trees to be preserved.
The subject parcel is �omposed of three, 25 foot lots with three
individual Property Identification Numbers (PINj. The City
Assessor has requested that the petitioner combine these lots
into one PIN, therefore, receiving one tax statement.
SP #94-04
Gordon Hedlund
Page 4
**Stipulation** The petitioner shall sign a Combination Form,
combininq the property into one tas statement
prior to buildinq permit issuance.
RECOMMENDATION/STIPIILATIOIdB:
The petitioner has complied with the requirements of the O-1
district regulations. Staff is concerned, however, that the
storm water runoff be properly addressed by the petitioner.
Staff recommends that the Planning Commission conduct the public
hearing regarding the special use permit request to hear
testimony from the neighbors, but table its decision until the
petitioner has submitted the required grading and drainage plan
from a registered civil engineer. If the Commission chooses to
recommend approval of the request, staff recommends the following
stipulations:
1. The petitioner shall submit an elevation certificate as part
of a verifying survey prior �o the foundation being capped,
which shall verify that the minimum first floor elevation is
823.9.
2.
3.
4.
The petitioner shall flood-proof the qaraqe in accordance
with current federal and state flood-proofinq requirements
to a minimum of the 100 year flood elevation.
The fill placed on the property shall extend a minimum of 15
feet from the proposed dwellinq unit.
The petitioner shall esecute and record aqainst the property
a hold harmless aqreement releasing the City from liability
if damage occurs as a result of flooding.
5. A grading and drainage plan, and an erosion control plan
shall be designed, signed, and stamped by a registered civil
engineer showing well-defined drainaqe swales along the
north, west, and easterly lot lines. The drainaqe plan
shall indicate spot elevations and percent slopes for the
drainage swales. These plans shall be submitted for staff
review prior to City Council review of the special use
permit.
6. The grading and drainage plan shall indicate the number of
trees to be preserved.
7. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to buildinq permit
issuance.
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SITE PLAN
Notice is hereby
Fridley Planning
University Avenu
the purpose of:
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
e N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for
Consideration of a Special Use Permit, SP
#94-04, by Gordon Hedlund, per Section
205.24..4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2
District (Flood Fringe) on Lots 29, 30, and
31, Block X, Riverview Heights, generally
located on the south side of Cheryl Street
west of Broad Avenue.
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 April 27, 1994.
Any and all persbns 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.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
Publish: April 19, 1994
April 26, 1994
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Gordon Hedlund
SP �94-04
Gordon Hedlund
1255 Pike Lake Drive
New Brighton, MN 55112
Walter Rasmussen
541 - 79th Way N.E.
Fridley, MN 55432
Kevin Holman
571 - 79th Way N.E.
,Fridley, MN 55432
Bergsagel and Rogness
16515 - 6th Avenue North
Plymouth, MN 55447
Ear1 Gemmill
555 - 79th Way N.E:
Fridley, MN 55432
Michael Porter
600 Buffalo Street N.E.
Fridley, MN 55432
Robert Kohls
640 Cheryl Street N.E.
Fridley; MN 55432
Bruce Thompson
6212 Hillside Road N.E.
Minneapolis, NIN 55436
MAILING LIST
Constance Clark
630 Cheryl Street N.E.
Fridley, MN 55432
Planning 4/15/94
Council
Renee McCoy
581 Buffalo Street N.E.
Fridley, MN 55432
Anthony Turek
611 Buffalo Street N.E.
Fridley, MN 55432 .
Current Resident�j
631 Buffalo Stre€t N.E.
Fridley, MN 55432•
James Brady
641 Buffalo Street N.E.
Fridley, MN 55432
Garland Lagesse
7951 Broad Avenue N.E.
Fridley, MN 55432
Current Resident
7919 Broad Avenue N.E.
Fridley, MN 55432
James Bowe
2546 - 3rd Street N.E.
Minneapolis, MN 55418
Frank Shimek Roger Geis
7901 Riverview Terrac.e N.E. 520 Dover Street N.E.
Fridley, MN 55432 Fridley, MN 55432
Current Resident
630 Buffalo Street N.E.
Fridley, MN 55432
Clark Nason
614 Cheryl Street N.E.
Fridley, MN 55432
Walter Nelson
524 Dover Street N.E
Fridley, i�Il�T 55432
Irvin Lindstrom
540 Dover Street N.E.
Fridley, MN 55432
Joel Marquardt Donald Copeland
7921 Riverview Terrace N.E. 7981 Broad Avenue N.E.
Fridley, MN 554.32 Fridley, MN 55432
David Lindquist James Peterson
� 7941 Riverview Terrace N.E. 7995 Broad Avenue N.E.
Fridley, MN 55432 Fridley, NIN 55432
Floyd Bradley�'
620 Dover Street N.E.
Fridley, MN 55432
Robert Rutherford
610 Dover Street N.E.
Fridley, NIN 55432
Michael LaFave
640 Dover Street N.E.
Fridley, MN 55432
David Padilla
670 Dover Street N.E.
Fridley, NIN 55432
Steven Lipa��
8249 Thomas Avenue North
Minneapolis, MN 55444
Current Resident
7995 Riverview Terrace N.E.
Fridley, MN 55432
Gerald Kostohryz
609 C�heryl street N.E:
F.ridley, MN 55432
Gerald Boots
.615.Cheryl Street N.E.
Fridley, MN 55432
Donald Engebrit
60 Logan Parkway
Fridley, MN 55432
Kim Hudyman
641 Cheryl Street N.E.
Fridley, MN 55432
M. Dwight Just
661 Cheryl Street N.E.
Fridley, MN 55432
Monte Maher
7965 Riverview Terrace N.E.
Fridley, MN 55432
Janis Lowry
625 Dover Street N.E.
Fridley, MN 55432
Gordon Hedlund
SP ��94-04
Page 2
James Tichy
631 Dover Street N.E.
Fridley, MN 55432
Dale Tyson
641 Dover Street N.E.
Fridley, MN 55432
Scott Painter
541 Dover Street N.E.
Fridley, MN 55432
Timothy Miller
591 Diver Street N.E.
Fridley, MN 55432
Planning Comm. Chair
City Council Members
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� CITY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E. �
FRIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
SPECI.AL USE PERMIT APPLICATION FORM
�ROPERTY INFORMATION - site plan required for submittal; see attached
Address: _ � I��� ( �. S%� �� � n, �3g
Pro�rty Identification Number {PIl� - a � . 3 0�3 � p�-� O/�
Legal description: � � %� .2 v '� 3 � � �
Lot B ock TracdAddition
Cuirent zoning. � Square foota.ge/ crea.ge c1. _� � �
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Reason for special use permit �;�� �,�.i
Section of City .Code: �
Have you aperated a business in a city which required a business license?
Yes No _� If yes, which city?
If yes, what type of busmess?
� 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)
SIGNATURE
DAYTIlVIE PHONE (? � G�- L v
- DATE � -�3�—� j�
,.a.,.....N.,� .....�.........
ADDRESS
SIGNATURE
DAYTIME PHONE
DATE
�= .�4�•�� � $100.00 for residential2nd accessory buildings
Permit SP # Receipt # ��
Application received by: ��
Scheduled Planning Commis ion date: �`t
Scheduled City Council date:
L�PdF: ��9ETF'p F'Ei�Ipl'd t=:� TEL :�;1�-; �'_-, �=a;` ;'
H �� r- � r:, _, :i 1 �� - - rd � � . �_� _� � r . ��� i
a . t
STATE C�f •
Uv U�J � � ��-�'J U [.=,�
a�PAI�TMENT �F NATURAL RESt�UftCES
,Met�ro Waters, 1200 Warner Rd. , St. Paul, MN �5106LEN0_
PHONE WO. 7'j2-7910
April 26, 1994
Ms. Michele MaPh�xson, Planning Assistant
City of Fridley
b431 University Averiue N.E.
Frid].ey, MN 55432
RE: GORD01+1 HEDg,UNb SP�CIAL US� PERMIT, �ILL IN THE FLOOb FRTNGE
FOR l7�STDEYITIAL CUNSTRUGTION, CITY OF FRIDLEY, ANOKA COUNTY
Dear Ms. McPhexson:
Z have reviewed the materi.als yau serit for the 3 lots praposed �o
be f'i.].led by` Gardori Hedl.und far residen�ial. constrUtCtian. The�
praposa]. appears to be oonsistant with �he City�ss floadplain
ordinanae. We have na abjections to tbe issuan�e of �he s�aeC3.a1
use permi�s.
Plea�e be 2�ware that vnce the f�ll is in and the homes built, the
proparty technically remains in the �loadpl�in until the map is
revised through a Letter af Map R�visicn (LOMRj snd the City addpts
the revised m�p with an ordinanea am�ndment. The ardinanoe
amendment then ne�ds DNR approval. The main benef it og the Y,OMR is
to remove the flood insur2�nce requiremerit for �tructures built in
�he floodplain �►rid financed with faderal da3.lars.
Thank yau for the opportun�ty to oomment. Ple2�se feel �ree tio call
me if you have any questfons.
Sincerely,
� �
Tom Hovey
Axea Hydrol gi�t
Post-It'" br�nd fax transmittal mema 7671
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AtJ EQUAL OPPORTUNITY EMPLdYER
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FROM:
DATE:
SUBJECT:
En��necnnn
Sv'wer
1N,ler
Pa�ks
Str��ts
Main;e�ance
ME MORANDUM
Barbara Dacy, Community Development Director
Scott Erickson, Asst Public Works Director��
April 15, 1994
PW94122
Preliminary Drainage and Grading Review of Lots Located at 7915
Riverview Terrace, 665 Dover Street, and 600 Cheryl Street
The following comments are based on the grading details and elevations provided by the
property owner and a site visit made on Monday, April 11, 1994.
7915 Riverview Terrace
1. A structural engineer will need to design and approve the proposed .retaining wall.
2. Provide a minimum 5-ft-wide drainage swale along�the south and east property lines.
Specific elevations and percent grades shall be shown for the drainage swales.
Install rip-rap at downstream end of swale.
3. An erosion control plan shall be submitted and approved prior to building permit
approval.
4. A 10 ft easement for street, utility, and drainage purposes will be required along
Riverview Terrace.
665 Dover Street
1. A well defined drainage swale will be required along the back and side lot lines. It
will be necessary to show elevations and percent grades for the proposed swales.
The lot will need to be graded such that it accepts the drainage from the property
to the north.
2. An erosion control plan shall be submitted and approved prior to the issuance of a
building permit.
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Apri) 15, 1994
Page 2
600 Cheryl Street
1. Provide a minimum 5-ft wide drainage swale along the� south and west property
lines. Elevations and percent grades will need to be shown for the drainage swales.
2. It will be necessary to ensure the drainage from the property to the east is
adequately addressed. Elevations will need to be shown along with the necessary
grading issues addressed. �
3. An erosion control plan shall be submitted and approved prior to the issuance of a
building permit.
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STAFF REP4RT
Community Development Department
Appeals Commission Date
Planning Commission Date
City Council Date
APPLICATION NIIMBER:
SP #94-05
PETITIONER•
Gordon Hedlund
LOCATION:
665 Dover Street N.E.
REOUEST:
The petitioner requests that a
allow construction of a single
Fringe district. The request
feet east of Riverview Terrace
AxAZYSZS•
Zoninq Requirements
May 4, 1994
special use permit be issued to
family dwelling unit in the Flood
is for a�acant parcel located 160
on the north side of Dover Street.
The property is zoned R-1, Single Family Dwelling. There is.
additional residentia7: uses on all sides of the subject parcel.
The petitioner proposes to prepare the parcel for sale (the
petitioner does not have a purchaser for the property, and does
not have proposed house plans}. The subject parcel has a lot
area of 10,978 square feet which exceeds the uEinimum 9,000 square
foot requirement. The subject parcel has a width of 99.5 feet,
which exceeds the minimum lot width requirement of 75 feet. The
surveyor has identified the proper setback requirements for the
R-1, Single Family Dwelling district on the site survey, and has
located a possible house pad on the property which meets those
setback requirements.
Flood Fringe Requirements
Section 205.24.05.A of the O-1 district regulations require
the first floor elevation of all habitable living space is a
minimum of one foot above the 100 �ear flood elevation. The
year flood elevation for the subject parcel is 823.1. The
minimum first floor elevation, therefore, is 824.1 for all
habitable spaces. The petitioner has proposed a first floor
that
100
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SP #94-05
Gordon Hedlund
Page 2
elevation of 824.1. The O-1 regulations also require that an
elevation certificate be submitted.
�*Stipulation** The petitioner shall submit an elevation
certificate in addition to a verifyinq survey
prior to the foundation beinq capped, which
shall verify that the minimum first floor
elevation is 824.1.
The O-1 district regulations permit aecessory uses below the 100
year flood elevation if those accessory uses are flood-proofed in
accordance with current federal and state flood-proofing
regulations and the following standards: a) Not for human
habitation; b) Have low flood damage potential; and c) Structures
are firmly anchored. The garage is proposed to be at an
elevation of 822.1. This is permitted if the garage is flood-
proofed to the 100 year flood elevation of 823.1.
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�*Stipulation** The petitioner shall flood-proof th� garage
in accordance wibh current federal and state
flood-proofinq requfrements to a minimum of
the 100 year flood elevation. ^
,
The o-1 district regulations also require that the fill needed to
increase the elevation of the first floor extend a minimum of �15
feet from the proposed dwelling unit. The petitioner is
proposing to comply with the fill requirement; however, as a
result of placing fill on the subject parcel, the natural
drainage patterns of the parcel will be changed.
Water currently "sheet" flows from north to south across the
subject parcel into Dover Street where it flows east to a catch
basin located approximately mid-point in the street. Once it
enters the cateh basin, the water then flows westerly into the
river.
As a result of the fill being placed on the subject parcel, water
will be instead directed toward the north, west, and easterly lot
lines. In order to direct storm water flow so that it leaves the
subject parcel, well-defined drainage swales will need to be
constructed along the north, west, and easterly lot lines. These
drainage swales will need to accommodate water from the proposed
single family dwelling and from the property to the north. A
grading and drainage plan stamped and signed by a registered
civil engineer will need to show the design of these drainage
swales, as well as indicate spot elevations and percent slopes
for the drainage swales. The petitioner will also need an
erosion control plan as required by Chapter 208. �"�
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SP #94-05
Gordon Hedlund
Page 3
The petitioner wants to receive full approval from the City to
construct a single family dwelling on the parcel. In order.to be
assured that the drainage will be adequately addressed, the
signed and stamped plans should be submitted prior to the
Planning Commission making a recommendation to the City Council.
*+�Stipulation** The fill placed on the property shall eutend
a minimum of 15 feet from the proposed
dwelling unit.
Hold Harmless Aqreement
The City has in the past required petitioners of similar requests
to execute and record hold harmless agreements against the
property. This releases the City from liability if damage occurs
due to flooding.
�+�stipulation** The petitioner shall egecute and record
aqainst the property a hold harmless
aqreement.releasinq the city from liability
if damage occurs as a result of floodinq.
Miscellaneous Requirements
There are a number
north, and east lot
subject parcel,. and
to preserve as inany
*�stipulation�*
of mature trees located along to the west,
lines. These trees are an asset to the
an attempt should be made by the petitioner
trees as practical.
The grading and drainaqe plan shall indicate
the number of trees to be preserved.
The subject parcel is composed of four, 25 foot lots with three
individual. Property Identification Numbers (PIN). The City
Assessor has requested that the petitioner combine these lots
into one PIN, therefore, receiving one tax statement.
**Stipulation*� The petitioner shall sign a Combination Form,
combining the property into one tas statement
prior to buildinq permit issuance.
RECOMMENDATION/STIPIILATIONS:
The petitioner has complied with the requirements of the O-1
district regulations. Staff is concerned, however, that the
storm water runoff be properly addressed by the petitioner.
� Staff recommends that the Planning Commission conduct the public
hearing regarding the special use permit request to hear
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SP #94-05
Gordon Hedlund
Page 4
testimony from the neighbors, but table its decision until the
petitioner has submitted the required grading and drainage plan
from a registered civil engineer. If the Commission chooses to
recommend approval of the request, staff recommends the following
stipulations:
1. The petitioner shall submit an elevation certificate as part
of a verifying survey prior to the foundation beinq capped,
which shall verify that the minimum first floor elevation is
824.1.
2.
3.
The petitioner shall flood-proof the qarage in acaordance
with current federal and state flood-proofinq requirements
to a minimum of the 100 year flood elevation.
The fill placed on the property shall estend a minimum of 15
feet from the proposed dwellinq unit.
4. A qrading and drainaqe plan, and an erosion contro3 plan
shall be designed, signed, and stamped by a reqistered civil�
enqineer showinq well-defined drainaqe swales along the
aorth, west, and easterly lot lines. The drainaqe plan
shall indicate spot elevations and percent slopes for the
drainage swales. These plans shall be submitted for staff
review prior to City Council review of the special use
permit.
5. The grading and d•rainaqe plan shall indicate the number of
trees to be preserved.
6. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to buildinq permit
issuance.
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SITE PLAN
Planning 4/15/94
SP �F94-05 MAILING LIST Council
Gordon Hedlund
Gordon Hedlund
1255 Pike Lake Drive
New Brighton, MN 55112
Allan Stahlberg
8055 Riverview Terrace N.E.
Fridley, MN 55432
David Lindquist
7941 Riverview Terrace N.E.
Fridley, MN 55432
Constance Clark
630 Cheryl Street N.E.
Fridlsy, MN 55432
Clark Nason
614 Cheryl. Street N.E.
Fridley, MN 55432
Michael LaFave
640 Dover Street N.E.
Fridley, MN 55432
Robert Kudla
688 Fairmont Street N.E.
Fridley, Z�T 55432
Robert Kohls
640 Cheryl Street N.E.
Fridley, NIN 55432
Steve Adelmann
8080 Broad Avenue N.E.
Fridley, MN 55432
Robert Rutherford
610 Dover Street N.E.
Fridley, NIN 55432
David Padilla
670 Dover Street N.E.
Fridley, MN 55432
Floyd Bradley,�•
620 Dover Street N.E.
Fridley, MN 55432
Donald Engebrit
60 Logan Parkway N.E.
Fridley, MN 55432
Kim Hudyman
641 Cheryl Street N.E.
Fridley, MN 55432
M. Dwight Just
661 Cheryl Street N.E.
Fridley, MN 55432
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Roger Holmgren
8001 Riverview Terrace N.E.
Fridley, MN 55432
Daniel McShane
8021 Riverview Terrace N.E.
Fridley, MN 55432
Dennis Prince
8031 Riverview Terrace N.E.
Fridley, MN 55432
Monte Maher ponald Reitner
7965 Riverview Terrace N.E. 684 Ely Street N.E.
Fridley, MN 55432 Fridley, MN 55432
Steven Lipa/Curr. Res. John Koczur
7995 Riverview Terrace N.E. 680 Ely Street N.E.
Fridleq, MN 55432. Fridley, MN 55432
Steven Lipa�% Janis Lowry
8249 Thoma� Avenue North 625 Dover Street N.E.
Minneapolis, MN 55444 Fridley, MN 55432
William Erickson
650 Ely Street N.E.
Fridley, MN 55432
Douglas Cook
630 Ely Street N.E.
Fridley, MN 55432
Dale Dickson
600 Ely Street N.E.
Fridley, MN 55432
Geral�d Kostohryz
609 Cheryl Street N.E.
Fridley, MN 55432
Gerald Boots
615 Cheryl Street N.E.
Fridley, MN 55432
George Korich
687 Dover Street N.E.
Fridley, MN 55432
James Tichy
631 Dover Street N.E.
Fridley, MN 55432
Dale Tyson
641 Dover Street N.E.
Fridley, MN 55432
Current Resident��-"
665 Dover Street N.E.
Fridley, MN 55432
�,
Current Resident
8041 Riverview Terrace N.E.
Fridley, MN 55432
John Rice
696 Hugo Street N.E.
Fridley, MN 55432
Richard Cook
690 Fairmont Street N.E.
Fridley, MN 55432
s- , � ti
SP ��94-05
� Gordon Hedlund
Page 2
Jean Werner
655 Ely Street N.E.
Fridley, MN 55432
Jack Smith
640 Fairmont Street N.E.
Fridley, MN 55432
Michael Scarcella,��
8090 Broad Avenue N.E.
Fridley, MN 55432
Steve Adelma n
8080 oad A nue N.E.
Fridle MN 5 432
Michael Malone
635 Ely Street N.E.
Fridley, MN 55432
Donald Lerum
,�1 651 Ely Street N.E.
Fridley, MN 55432
William Wagner
681 Ely Street N.E.
Fridley, MN 55432
Planning Comm. Chair
City Council Members
�,
Notice is hereby
Fridley Planning
University Avenu
the purpose of:
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
given that there will be a public hearing of the
Commission at the Fridley Municipal Center, 6431
e N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for
Consideration of a Special Use Permit, SP
#94-05, by Gordon Hedlund, per Section
205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2
District (Flood Fringe) on Lots 13, 14, 15,
and 16, Block V, Riverview Heights, generally
located on the north side Dover Street west
of Broad Avenue.
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 April 27, 1994.
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.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
Publish: April 19, 1994
April 26, 1994
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CITY OF FRIDLEY
'� 6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
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(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION FORM
PROPERTY INFORMATI N- site plan required for submittal; see attached
Address: � O i�� ��� C�� �
Property Identificarion Number
Legal description:
Lot I� Block Tract/Addition
Cuirent zoning. -- Square footage/a
Reason for special use permi� �— �
00 9� �a�
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Sec.tion of City Code: �
Have you operated a b siness in a cily xrhich required a business license?
Yes No If yes, which city?
If yes, what type o business?
Was that license ever denied or. revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners
NAME � Q /'�� 8 /i�
sign this form prior to processing)
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YTIlVIE PHONE � 3 � � � u
SIGNATURE �� DATE 3--3 /— 9 S�
0
...�.,...,..�..�., ,
NAME
ADDRESS
SIGNATURE
Fee: .�400.00 �,
Permit SP # ;
Application received by: _
Scheduled Planning Commis,
Scheduled City Council date:
YTIME PHONE.
DATE
$100•00 for residential2nd accessory buildings
�� Receipt # __ � C (�g
D►�J P P:1 E; F i� F� E�., I n f�d F_� T E L� f_:� 1�- �f ��- ���+ ;�
H F� r� r� �+ 4 1�1 :``_ h,l � �. ��! `� � F� .�_! 1
M �
STATE Of •
Uv����.���Q
DEPAI�TM�NT �F NATURAI RESC�URCES
.Metro Waters, 1200 Wax'rier Rd. , St. Paul, rzN 55io6LE�a.
aHON�ao. �72-791d
April 26, i994
Ms. Miahele McPhexson, Planning Assistan�
City of �'ridley
6431 Uni,versity Ave11u� N. �.
Fridley, MN 55432
RE: GORpR�SID�2dTIALSGONSTRUC`�.'I4N ECI Yf OF� RIDLEY,EANC�KA CapNTYE
F
Dear Ms. McPherson:
Z have reviewed the mat�r�.als you sent for the 3 lats praposedThe
be �i.].l�d by Gardon Hed�und fox residential. const�t�ation.
px�apasa� aPP�$ have�na ob�ec�iansn�o the issuance of �he�spe�ial
ards.nance. We 7
use permits.
Please be aware that onoe the fi.�l is in and the homes built� tis
property technically remains in the �loadplain until the map.
revised through a Le�ter af Map Rev�sion (LOMR) and the City ado�ts
the revised ma�p with an brdinanee amerttiment. The a�dinanCe
amendxnent '�h en f 1 od� insuranoe vrequirem ntl for� st uctur�s bu�lt in
to remove th
�be flotrdplain and Financed with faderal dal.lara.
Thank yau for the opportunity to �omment. Ple�se feel �ree Co �all
me if you have any questfans.
Sincerely,
, �
Tom Hovey
Azea Hydxol gia�t
Post-It'" brand fax transmitial mem� 7671 a a� PHees .
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1`'�+.L�..e. � t'�c.�e "`T-'s ►+1 a �
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Dept. Phone � ��, /�
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AN EQUAL OPPdRTUNITY EMPLOYER
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ISneets
Mainten�ncc
ME MORANDUM
TO: Barbara Dacy, Community Development Director PW94122
FROM: Scott Erickson, Asst Public Works Director��
DATE: April 15, 1994
SUBJECT: Preliminary Drainage and Grading Review of Lots Located at 7915
Riverview Terrace, 665 Dover Street, and 600 Cheryl Street
The following comments are based on the grading details and elevations provided by the
property owner and a site visit made on Monday, April 11, 1994.
7915 Riverview Terrace
1. A structural engineer will need to design and approve the proposed retaining wall.
2. Provide a minimum 5-ft-wide drainage swale along the south and east property lines.
Specific elevations and percent grades shall be shown for the drainage swales.
Install rip-rap at downstream end of swale.
3. An erosion control plan shall be submitted and approved prior to building permit
approval.
4. A 10 ft easement for street, utility, and drainage purposes will be required along
Riverview Terrace.
665 Dover Street
1. A well de#ined drainage swale will be required along the back and side lot lines. It
will be necessary to show elevations and percent grades fior the proposed swales.
The lot will need to be graded such that it accepts the drainage from the property
to the north.
2. An erosion control plan shall be submitted and approved prior to the issuance of a
building permit.
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April 15, 1994
Page 2
600 Cheryl Street
1. Provide a minimum 5-ft wide drainage swale along the south and west property
lines. Elevations and percent grades will need to be shown for the drainage swales.
2. It will be necessary to ensure the drainage from the property to the east is
adequately addressed. Elevations will need to be shown along with the necessary
grading issues addressed.
3. An erosion control plan shall be submitted and approved prior to the issuance of a
building permit.
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