PL 04/03/1996 - 7076PLANNING COMMISSION MEETING
WEDNESDAY, APR1L 3, i996
7:30 P.M.
PUBLIG COPY
(Please return to Community Development Dep�)
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AGENDA �
PLANNINC COMMISSION MEETlNG WEDNESDAY, APRIL 3, 1996 7:� P.M.
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L�ATION: Fridley Municipal Cerrter, 6431 University Avenue N.Ee
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNINC COMMISSION MEET1NC MINUTES: March 20, 19�
PUBUC HEARING: CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT.
CPA #96-01. BY THE CITY OF FRIDLEY:
In accordance with State Statute 462.355, Subdivision 2, procedure for ptan adoption
and amendment. The proposaf would add policy #4, to Page 6-5� Chapt� 6� Water,
Sewer and Solid Waste:
4. The City witl apply National Urban Runoff Program (NURP)
standards for the design of new stormwrater por�s ar� the
Minnesota Pollution Control Agency's (MPCA) urban best
managemerrt practic� t'rtl�! Protecting Water Quality in Urban
Areas to the rsview of any proposed developmerrt occurring in the
�it�t of Fridley to reduce nonpoirrt sour�ce patlutant loadings in
stormwater rur�ff. The City wiit incorporate th�e standards and
r�uirements in its stormwater managemerrt plan and land use
controls to implemerrt this policy.
PUBUC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #96-03. BY
WAYNE DAHL:
Per �ction 2i4.07 of the Fridley City Code� to ailow an automatic changeable sign,
generally located at 7699 Highway 65 N.E.
PUBUC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #96-04 BY
R�ER MOODY �F FRIENDLY CHEVROLET:
Per Section 205.15.01.C.(2) of the Fridley City C.ode� to allow automobile agencies
selling or displaying new and/or used motor vehicles in order for a showroom/office
e�ansion� generally located at 7501 Highway 65 N.E.
Planning Commission Agenda
April 3, 19�
Page 2
PUBUC HEARING� CONSIDERATION UF° A SPECIAL USE PERMIT SP #96-05 By
MENARD INC.
Per Section 205.15.01,C.(3) of the Fridley Cit�r Code, to al�oH, agenci� Se���ng or
displaying recreational vehicles, boats, and marine equipment� machinery,
manufactur�l hom�, or other similar enterprises having mer�chandise in the open
and not within an enclos� structure, generally locat�! at �5 _ 63rd Avenue N.E. (the
Menards property).
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-02 By
MENARD INC.;
Per Seation 205.15.01.C.(8) of the Fridley City Code, to allow unscreened exterior
storage of materials and equipmerrt, generally locxited at 5207 Central Avenue N.E.
(P�esently the Skywood Mall property).
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PUBUC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-07 By
MENARD INC.:
Per Section 205.15.01.C.(3) of the Fridley City Code, to allow ager�ies selling or
displaying r�reational vehicl�, boa�, �nd marine equipmer�t, machinery,
manufactured hQrr�es, or other similar errterprises having merchandise in the open �
and not within an enclosed strueture, genera��y bcated at 5207 Central Avenue N.E.
(preseritly the Skywood Mall propertY)•
PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #96-06 By
MENARD INC.:
Per Section 205.15.01.C.(8) of the Fridley City Code, to allow unscreened euterior
storage of materia�s and equipment, generally located at 965 - 53rd Avenue N.E. (the
Menards property).
RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING
OF MARCH 4. 1996
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETlNG OF MARCH 13
1996
OTHER BUSINESS:
ADJOURNMENT
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CITY OB BRIDLEY
PLANNINa CO1�iI88ION MEETINa, MARCS 20� 1996
CALL.TO ORDER•
Chairperson Newman called the March 20, 1996, Planning Commission
meeting to order at 7:33 p.m.
ROLL CALL:
Members Presenti Dave Newman, Dave Rondrick, LeRoy Oqui�t,
�an Saba, Brad Sielaff, Connie Modig
Members Absent: Diane Savage
Others Present: Scott Hickok, Planning Coordinator
Michele McPherson, Planninq Assistant
Mike B1ack, Royal Oaks Realty
Rich Riemersma, Imperial Homes, Inc.
Bob Horeck, 5505 W, Danube
Jan & Ron Zaczkowski, 814 Huqo Street N.E.
Jean & Bill Schacher, 8191 Ruth Circle N.E.
Ralph Officer, 315 Hugo Street N.E.
David Landrus, 5775 - 2 1/2 Street N.E.
Ray & Dorothy Heqna, 5770 - 3rd Street N.E.
Rathy Roesler, 5846 - 2 1/2.Street..N.E.
Terry Reyes, 1479 A1. Danube Road N.E.
Norm Jenkins, 5730 Duluth Street,
Golden Valley, Minnesota
Irving�Brody, 5031 St. Croix Avenue,
Golden Valley, Minnesota
APPROVAL OF AGENDA:
OTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the
agenda.
IIPON A VOIC$ VOTL, ALL YOTI�t,1 AYE, CSAIRPL1t80N NEWMAN DLCLARED
THE MOTION CARRIED D�NIMOIIBLY.
APPROVAL OF MARCH 6 1996 PLANNING COMMISSION MINUTES:
OTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the
March 6, 1996, Planning Commission minutes as written.
IIPON A VOICE VOTE � ALL VOTIN�i AY� � CHAIRPERSO�T NSWMAI�T DSCLARED
T�8 MOTION CARRIED O�iANIMOIIBLY.
1. PUBLIC HEARING: CONSIDERATIOld OF A SPECIAL USE PERMIT_ S'
Tr�v vi. u,�. nvi�i'�irL nL�L/-�'Y.RlL\C�1'..4AV4,L�Vry�71�i.'�":.-...:....
�, Per Section 205.07.01.C.(1) of the Fridley City C�e, to
allow a second acce� buildinq in excess of 240 square
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pr.axNr�ac� eea�[�isgrnx �Ri�i.TTN[S_ MST![!A �e_ i996 PAG1L 2 �-.�
feet, on Lots 29 - 32, Block A, Riverview Heights, generally
located at 314 Hugo Street N.E.
MOTION by Mr. Rondrick, seconded by Mr. Saba, to waive the
reading of the public hearinq notice and to open the public
hearing.
IIPON A VOICF VOTE, ALL VOTING AYS� CHAIRPERBON NEWMA�i DECLARED
THL MOTION CARRIED AND TH$ PDBLIC HEARIBa OPEN AT 7t38 P.M.
Ms. McPherson stated the special use per.mit is to allow a second
accessory structure over 240 square.feet. The subject property
is located at 314 Hugo Street which��is just east of Ruth Street
and east of East River Road. Located on the property is a single
family dwelling unit of split level design with an existing tuck
under garage. The Appeals Commission recently approved a
variance request to allow the petitioner to construct a 22 foot x
36 foot attached garage. The variance was to reduce the setback
from Ruth Street from 25 feet to 17 feet. As a stipulation of
approval, the petitioner was requested either convert the
existing garage �o living space or apply for a special use
permit. Also located on the subject parcel in the rear yard is
an 8 foot x 10 foot utility shed.
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Ms. McPherson stated the petitioner has<indicated in his letter
to the Planninq staff and to the Planning Commission that he
would like to use the existing tuck under garage for the fami.ly
car. A second car, a boat and hobby woodworking apace would be
located in the newly constructed garage. One option presented in
the staff report was to have the petitioner utilize the new
garage for the vehicles and boat and convert the tuck under
qarage for the proposed hobby shop. This would allow the
petitioner to remove the existing overhead door and possibly
install double doors ar a single service door which could then
allow the petitioner to remove all the asphalt in the front yard
except for perhaps a sidewalk for access to the front door of the
dwelling unit. The City has in�past instances allowed both
garages to continue to exist.and has not required removal or
strict conversion of a tuck under garage to living space.
Ms. McPherson stated the petitioner has indicated he would be
removinq the off street parking space located in the front yard
and returning that to green space. The petitioner will also be
removing the 8 foot x 10 foot utility shed.
Ms. McPherson stat�d staff recommends approval of the spe�ial use
permit request with one stipulation:
1. The petitioner shall`remove�the�existing_8�foot x 10 foot
utility shed within one year of completion of the garage ,�
addition.
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JPLANNINf� COMMIBBION MESTIN�. MARCB 20, 1996 PA(�E 3
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Planning Commission members had no question� of staff.
PRr. Zaczkowski stated he is opposed to havinq the wood shop in
the tuck under space. Any sandinq or cuttinq of wood creates a
lot of dust which drifts into the home. That is why he would
like to put the wood shop in the garaqe �rhere there is no direct
access into the house except by the outside door. Also, any
polyseal or varnishing could drift into the house as well.
Mr. Newman stated
is that the 8 foot
Mr. Sielaff asked
parking space and
a stipulation.
the only requirement of the special use permit
x 10 foot utility shed be removed in one year.
if the petitioner was taking out the additional
if he would object if the Commission made that
Mr. Zaczkowski stated he plans to take out the parkinq space and
the shed. He had no problem with the stipulation.
Mr. Rondrick stated woodworking tools can be noisy. Would this
create more noise from the new garage than from the tuck under
space?
^ Mr. Zaczkowski etated there may be more noise. He has a planer
and it does involve noise. He did not plan:.to work �t"all-.hours
of the night. He plans to insulate the new qarage because he
plans to be out there in the winter.
No further comments from the public were received.
OT ON by Mr. Rondxick, seconded by Ms. Modig, to close the
public hearing.
IIPON A VOICB VOTE, ALL VOTINt� AYl�, CSAIRPERSO�i NEWMAN DECLARED
THE M�T=ON CARR=ED AliD THE pIIBL=C HEAR=Na CLOSED AT 7a43 P.M.
Mr. Rondrick stated he-has no problem with #he request. He went
by the property. He thought the request was reasonable and would
be an asset to that area. �
OTI N by Mr. Rondrick, seconded by Mr. Saba, to recommend
approval of Special Use Permit, SP �96-01, by Ronald and Janet
Zaczkowski, to allow a second accessory building in excess of 240
square feet, on Lots 29-32, Block A, Riverview 8eights, generally
located at 314 Hugo Street N.E., with the following stipulations:
1. The petitioner shall remove the existinq 8 foot x 10 foot
utiiity shed within one year of completion of the garage
addition.
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PLANNINQ CO1rII�I88IOH ME$TINa. MARCH 20, 199b PAGg 4
2. The petitioner shall remove the extra parking area within
one year of completion of the qaraqe addition.
IIPON A VOICS VGTF � N+L VOTIN�i AYB � CBAIRPSR80�T NEWffi�i DECLARED
T8E MOTION CARRIBD IINANIMOIISLY.
Ms. McPherson stated the City Council would consider this request
at their April 8th meeting.
2. CONSIDERATION OF A LOT SPLIT REOUEST, L.S. #96-01. BY VALLEY
INVESTMENT CO.:
To split I�ots i, 2, and 3, Block 27, Hyde Park, together
with all that part of the vacated alley lying west of said
lots and lying between the Westerly extension of the North
line of said Lot 1, and the Westerly extension of the South
line of said Lot 3 into two parcels as described:
Parcel A. The West 65 feet of Lota 1, 2, 3, Block 27,
Park, Anoka County, Minnesota, as measured
the North line of said Lot 1, and along th
line of said Lot 3, together with all that
` the vacated alley lying West of said lots,
lying between the Westerly extension of the
line of said Lot 1, and the Westerly extens
the South line of said Lot 3.
Hyde
along
e South
part of
and
North
ion of
Parcel B. That part of Lots 1, 2, and 3, Hyde Park, Anoka
County, Minnesota, lyinq East of�the West 65 feet
thereof as measured alonq the North line of said
Lot 1 and along the South line of said Lot 3.
This property is generally located at 276-78 - 58th Avenue
N.E.
Ms. McPherson stated the request is for a lot split by the Valley
Investment Company. The property is located at 276-78 - 58th
Avenue. This property is a corner:lot located at the
intersection of 58th•Avenue and 3rd�Street in the Hyde Park
neighborhood. There are three issues to be considered:
1. The Planning Commission will be required to acknowledge
deficiencies in Lot B, a reduction in the required lot width
from 80 feet to 65 feet, and a reduction in the required lot
area from 9,000 square feet to 8,839 squar� feet.
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2. The City's action will create a pswappi.ngp of nonconforming
setbacks. Currently, the property does not meet the
required rear yard setback. Should the lot split be
approved, the required front yard setback.will not.be met by
the existing dwelling. � /"1
PLANNINa COMMI88ION MEETING. MARCH 20. 1996 PAG$ 5
3. The detached two-car garage located on the parcel will be
located on a newly approved vacant lot should the request be
approved. The City Code does not allow accessory structures
to be located on a lot prior to the principal structure.
Ms. McPherson stated the petitioners are proposing to take the
parcel comprised of three lots and a vacated alley and split it
into two parcels. Parcel A has an existing duplex constructed in
1959 under R-2, Two-Family Dwelling District, regulations. This
parcel measures 77 feet x 135 feet and meets the minimum lot area
required in the R-2 district of 10,000 square feet. The lot area
is actually 10,400. The lot split �ould create Parcel B which is
adjacent to 3rd Street and 58th Avenue. This lot measures 65
feet x 134 feet and has a lot area of 8,839 square feet. Lot B
is deficient in two requirements. The first is the lot width
which is only 65 feet. The minimum requirement for a corner lot
is 80 feet. The second is lot area which is less than the 9,000
square foot minimum. If the Commission chooses to appruve the
lot split, the members need to acknowledge these deficiencies.
Ms. McPherson stated the second issue is the nonconforming .
setbacks. In 1986, the Planninq staff was requested to analyze a
similar lot split request. At that time, it was determined that
� 3rd Street, because it is the shorter frontage, �ould be the
front yard makinq the west portion of-the.lot the rear yard. The
duplex is currently 13.5 feet at its alosest point from the rear
lot line. The required rear yard setback is 35.61 feet. The lot
as it is currently configured without the split ia nonconfo=ming
in its rear yard setback. If the lot split ia approved, the �
front yard would then be towards 58th Avenue. The duplex is also
set too close to 58th Avenue for the front yard requirement of 35
feet. The duplex is 14 feet from what would then be the front
property line. The City's action would create a"swapping" of a
nonconforming rear yard setback for a nonconforming front yard
setback.
Ms. McPherson stated the third issue is the detached qarage on
what would be Parcel B. If the lot split is approved, the
accessory structure would be located on the parcel prior to
construction of a principle building. Section 205.04.05.A of the
Fridley City Code explicitly states, "No accessory building or
structure shall be permitted on any lot prior to the time of the
issuance of the building permit for the construction of a
principal building." Staff is recommending the petitioner remove
this garage.
Ms. McPhersan stated staff has analyzed the petitioners' options.
The petitioners could potentially move the detached garage onto
Parcel A; however, that does <� increase-� the-� lot � coverage from - the � --
-^� maximum of 25� to 28� which would then require a variance.
PLANNINa COMMIBBION MEETINa. MARCH 20, 1996 PAa� 6 ^
Ms. McPherson stated staff recommends approval of the request
with the Planninq Commission acknowledging the deficiencies and
with the following stipulations:
1. The petitioner acknowledges the City's action creates a
nonconforming front yard setback.
2. The petitioner shall remove the qarage located on Lot B.
3. The petitioner acknowledges that Lot B has a long, narrow
buildable area and shall design a house to fit that area.
Ms. Modig stated how is this impacted by the fact that the
Planning Commission is acknowledginq the deficiencies reqardinq
the setbacks and the petitioner is acknowledginq that the City's
actions create a nonconforming setback?
Ms. McPherson stated she would respond to the first part
regarding the Plan�inq Commission acknowledging the deficiencies.
The subdivision ordinance allows the Planning Commission and the
City Council to approve lot splits or plats with lots that do not
meet the minimum requirements. The Commission is in effect
granting a variance to the lot area and lot width requirements.
Those are the only two areas where the Planning Commission is �
allowed to grant a variance.
Ms. McPherson stated the second part deals with the front yard
setback. While the petitioners acknowledge that the iot line
along 58th Avenue now becomes the front yard and creates a
nonconformity, it does not qrant the petitioners a variance to
the front yard setback. If the petitioners chose to expand the
part of the dwelling in the area of the garage, they would need
to request a variance.
Mr. Saba asked what was planned to go on the newly created lot.
Ms. McPherson stated the petitioners have been told that the only
type of bu3lding permitted.in that district would be a einqle
family dwelling.
Ms. Modig asked if a time limit had been set for the removal of
the garage.
Ms. McPherson stated a time limit had not been set. This should
be done.
Mr. Sielaff asked if the existing attached qarage had two parking
stalls.
Ms. McPherson stated the existing qarage is a 1.5 car garage �"`�
being 21 feet wide.
� �LANNINa COMMI88ION ME$TIBO. MARCH 20. 1996 PAaS 7
Mr. Sielaff asked if the petitioner would have to have hard
surface that would accommodate 2.5 cars.
Ms. McPherson stated existinq duplexes constructed prior to the
current code are permitted to provide three parking spaces.
Potentially, if the tenants have small cars, they may be able to
get two in the qaraqe and the owner would have to provide an
additional hard surface stall adjacent to the qaraqe.
Mr. Sielaff asked if the total lot coverage included hard
surface .
Ms. McPherson stated no. This pertains only to the buildinqs.
Mr. Oquist asked, if the existing garaqe on the newly created lot
could become part of the new structure, would it be necessary to
remove it.
Ms. McPherson stated no, but the Planning Commission would have
to amend the second stipulation to indicate, if a dwelling were
to be constructed within 12 months.or 18 months, then the garage
could remain as part of that structure.
,,—� Mr. Newman asked if the lot width of Parcel A was nonconforming.
Ms. McPherson stated Parcel A is an interior lot and the minimum
is 75 feet. This lot is 80 feet which is conform3.nq.
Mr. Newman asked, from a planning standpaint, why should the
Planninq Commission recommend approval.
Ms. McPherson stated that approval would provide an additional
single family lot and provide an opportunity to invest in the
Hyde Park neighborhood. The City and the HRA are encouraging
investment in this part of the City. The request is not greatly
different from what has been previously approved in other parts
of the community. .The lot.area..is.not substantially below the
minimum requirement.
Mr. Saba stated he had the same concerns that we are perpetuating
nonconformance. Is this really an investment in the Hyde Park
neighborhood or is thie perpetuatinq nonconformance in that
neighborhood? Without seeinq a plan or without knowinq what will
be developed there, he is skeptical.
Ms. Hegna stated someone had talked about putting the existing
garage next to the existing duplex. Where would the driveway be?
Ms. McPherson stated this - is • a< questionF.�-to .direct to the. -�
���"� petitioners. There is an option to qa through the variance
process to construct an addition to the existing qaraqe.
�LANNINa COI�ISBION ME$TIN6. MARCH 20. 1996 PA�B 8 �
Mr. Newman asked if the petitioners could do this and meet the
setback requirements. -
Ms. McPherson stated they could do that in the rear yard but not
in the front.
Mr. Newman asked, if the petitioners merely removed the detached
garage, is there a garage by the duplex now.
Ms. McPherson stated yes.
Mr. Brody, Valley Investment Company, stated they woulri like to
leave the garage on the.new lot and-construct a single family
dwelling. He hoped to have that completed in the next 16 months.
I�Ir. Newman asked when the petitioners anticipated breaking
ground.
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Mr. Brody stated they hoped to do so this summer.
Mr. Rondrick asked if the petitianers planned to build a new
dwelling on the lot and leave the garage there.
Mr. Brody stated yes. It seems a shame to tear down the garage �
when it is already there serv.ing�a good purpose.
Mr. Newman asked, without seeing plans, would that conform with
setback requirements.
Ms. McPherson stated, if the garage remained detached, it would
meet the requirements. If the garage is attached, staff would
need to further analyze the request.
Mr. Saba�eupressed concern about the size of the garage. Isn't
that an issue with new construction?
Ms. McPherson stated the existing garage is 22 feet x 23 feet.
It is small but it would meet the two-car garage requirement.
Mr. Oquist asked, if a house were constructed, which street would
be the address.
Ms. McPherson stated the petitioner can choose whether to address
the property off 3rd Street or 58th Avenue.
Mr. Saba asked if staff had received any calls from the
neighbors.
Ms. McPherson stated staff had���not � received°°any•-calls: �� �- -
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Mr. Brody stated their plan i,� #� ��� � single family home.
� PLANNINQ COI�II�iI88ION MESTIN�. MARCH 20. 1996 PA�B 9
They would consider sellinq the lot if they had an offer from a
contractor. Either way, there �ould be new construction in that
area.
Mr. Newman suqgested stating as a condition that the time frame
be 12 months for a building permit to be issued with a
certificate of occupancy beinq issued within 18 months and, if
this is not done, the petitioner then must take down the garage.
Mr. Oquist stated he can understand the concern about
nonconforming use but, on the other hand, it is a large empty
area. The points staff has made are valid. He has no problem
with the stipulations.
Mr. Newman asked if the petitioners had seen the recommendations
that staff had recommehded and if they was comfortable with
those.
Mr. Brody stated they had seen them and had no problems.
No further comments from the public were received.
OTION by Mr. Oquist, seconcied by Mr. Kondrick, to recommend
� approval of Lot Split Request, L.S. �96-01, by Valley Investment
Company, to split Lots i, 2, and 3, Block 27, Hyde Park, together
with all that part of the vacated alley lyinq west of said lots
and lying betwe�� the Westerly extension of the North line of
said Lot 1, and the Westerly extension of the South line of said
Lot 3 into two parcels as described:
Parcel A. The West 65 feet of Lots 1,.2, 3, Block 27, Hyde
Park, Anoka County, Minnesota, as measured along
the North line of said Lot 1, and along the South
line of said Lot 3, together with all that part of
. the vacated alley lying West of said lots, and
lying between the Westerly extension of the North
line of said Lot 1, and the Westerly extension of
the South line of said Lot 3.
Parcel B. That part of Lots 1, �2, and 3, Hyde Park, Anoka
County, Minnesota, iying East of the West 65 feet
thereof as measured along the North line of said
Lot 1 and along the South iine of said Lot 3.
This property is generally.located at 276-78 - 58th Avenue N.E.,
with the following stipulations:
1. The petitioner acknowledges the City's action creates a
nonconforming front yard�setback.°
i"ti
pT•�*TMTTNa CO�MI88ION ME�TINa. MARCS 20. 1996 PAG$ 10
/"`�
2. If the petitioner fails to obtain a building.permit for a
single family residence within 12 months of-the approval of
the Lot Split and fails to obtain a Certificate of Occupancy
for said structure w3�hin 18 months of the approval of the
Lot Split, then the garaqe located•on-Parcel B shall be
removed.
3. The petitioner acknowledges that Lot B has a lonq, narrow
buildable area and shall design a house to fit that area.
IIPON A VOICI� VOT$, ALL VOTINa AYE, CHAIRPER80N �iEWMA�T DSCLARLD
TH8 MOTION CARRIBD �OIISI+Y.
Ms. McPherson stated the City Council would consider this request
on April 8th. �
3. CONSIDERATION OF A VACATION REOTTEST SAV #96-01 �Y IMPERIAL
HOMES . INC. : -
To vacate that part of the drainage and utility easement as
dedicated on Lot 7, Block 1, Totino Graae Addition,
described as follows: Beginning at a point on the north
line of said Lot 7 distant 65.10 feet east from the
northwest corner of said Lot 7; thence on an assumed.bearing
of South 28 degrees 00 minutes 00 seconds East along the �
west line of said drainage_and utility-easement 64.13 feet;
thence South 38 degrees OO minutes East 32.00 feet; thence
North 24 degrees 16 minutes 58 seconds West.92.63 feet to a
point on said north line distant 12 feet east of said point�
of beqinninq; thence South 77 degrees 31 minutes 44 seconds
West 12.00.feet to the point of beginning. Except the north
5 feet thereof, generally located at 1435 Royal 0ak Court
Id.E.
Ms. McPherson stated the request is for a recently subdivided lot
in the Totino-Grace addition located near Arthur Street,
southeast of the school and �.ocated adjacent to a wetland next to
Arthur Street. The petitioner is requesting that a portion of a
drainage and utility easement�located on the property be vacated.
The petit�toner is requesting the vacation in order to construct a
single family dwellinq with an attached garage. The northeast
corner of the garage encroaches into the easement area. The
petitioner is currently constructing a house and at this point is
avoiding the area of the garage to avoid encroachment into the
easement area.
Ms. McPherson stated the purpose of the drainage and utility
easement is to provide additional buffer space for the wetland
area beyond the line delineated by the wetland specialist. The
petitioners have designed a house -for.• their.��client.: � .
Unfortunately, the design of the house does not fit within the ^
buildable area when taking into account the easemer�t and setback
,,,\ PLANNINQ COMMISSi08 MEETI�Q. MARCS 20, 1996 PAaB 11
requirements. Wetland delineations are not an exact science.
The additional buffer provided by the drainage and utility
easement is an advantage. The vacation of the easement would
reduce th� buffer from 7 feet to approximately 1.5 feet at its
closest point.
Ms. McPhereon stated staff is recommendinq the request be denied.
The petitioner has designed the garaqe so that it could be
cantilevered over the easement area which would not require
footings or foundations in the easement; ho�ever, the garaqe
would still hang over and into the air rights of the easement.
There are no utilities that the City would require access to in
this area. The purpose of the drainaqe and utility easement is
only to protect the-wetland located north and east of the site.
Mr. Oquist asked if the petitioner could still cantilever the
garage over the easement even if the request.was denied.
Ms. McPherson stated yes. The oriqix�al desiqn of the garage had
space below the garage which was intended to allow the petitioner
workshop space. That would need to be omitted if the vacation
request is denied.
,� Mr. Rondrick asked how much the setback would be reduced.
, ,
Ms. McPherson stated the setback would be from 7 feet.to 1.5 feet
at the closest point based on the new line of the easement.
Mr. Newman asked if the City had an ordinance that requires a
specific setback from a wetland.
Ms. McPherson stated no, the City does not have such an
ordinance.
Mr. Rondrick asked if it was correct that this is meant to keep
buildings as far.away as possible from the pond.
Mr. Oquist stated this is meant to keep the footings away from
the pond.
Mr. Newman stated the drainage and uti�ity easement is meant tc
protect the wetland soils and vegetation. Whether there is a
pond or not is immaterial. The area is deaignated a wetland and
the easement is to keep that from beinq disturbed.
Mr. Black stated Bob and Cheryl Horeck currently live at 4555
Danview, have lived there for 20 years and are building their �
dream home. Mr. Riemersma, Imperial Homes, spent much time with
the applicants looking at their>home, looking at what they-would-<
,� like to build, and designinq a home for the lot. There have been
many adjustments made to the plan and they thought they had it
��ANNINa COMMI88I0� MSETIN�. MARCH �0. 199b PA�$ 12
/`�
until it was staked out on the property, and they were told they
were not allowed to go onto this drainage easement on the
northeast portion of the lot.
Mr. Black stated they are asking consideration to vacate only a
portion of the easement. They are not talking about any setback
variances. The house meets all the setback requirements. It is
the encroachment over the drainage easement that is the problem.
The drainage easement line was not something required by the
City. It is not a requiremer�t that they have this in a certain
spot. It is.really the surveyor who dre�a the easement line up
and above the 100-year_flood plane of that pond. If we had known
this, they.would have moved•the easement over because it is not
goinq to make a difference. Stringent requirements were placed
on them as they came through the process to get this plat
approved. On this particular lot, there were a number of
stipulations they had to abide by in order to build a home on
this lot.
Mr. Black stated the pond has a 100-year flocd plane elevation of
951 feet. The easement line as they wish to amend it will still
be above 951 feet. The easement line as currently shown was
delineated by Mr. Harley, a respected person when it comes to
wetland delineation. However, the wetland soils meander up and
down the hill. The easement line.would..still be..above the. , ^
wetland line. The change as proposed would not allow any�
encroachment into the wetland. It is not their intention to
encroach into the wetland.
Mr. Black stated another stipulation was that there shall be no
construction helow the 953 contour. That is a stipulation we are
abiding by. Regarding flood protection, there is a requirement
that the lowest opening on the lower level cannot be below the
955 elevation. The lower level elevation is at 959.
Mr. Black stated the request is to vacate a portion of this
easement. It will not encroach upon any of the stipuiations
placed upon us when the plat was approved. i�lr. Black reviewed
th� building plan.
Mr. Oquist asked what portion of the easement the petitioner was
requesting to.vacate.
Mr. Black stated the area is shown on the Certificate of Survey
as a somewhat triangular shaped shaded area. It could be made
somewhat smaller. Only a small corner of the garage would
encroach totalling approximately 35 square feet. The buffer area
is an area that staff would like to have, but there is nothing in
the code that requires a setback from a- wetland.-� -In. many>.•-lots,-- --
it is common to have drainage e�sements along property lines and �
the homeowner maintains the easement. in this area, there will
0
� PLANNINa__COlrIIKIBBION MEETINa. MARCS 20. 1996 PAaS 13
be some maintenance within the easement area. The easement line
is the setback line. The house is a walkout rambler with a
three-car garage. It is the back co=ner of the garage where the
problem occurs. The area below the qaraqe would be a storaqe
area with an outside access.
Nir. Newman asked if the area of issue is under the third stall of
the garage.
Mr. Black stated yes. To avoid encroachment, they have design�d
the wall at an anqle with the upper level cantilevered two feet
over the footings in order to provide room for another vehicle.
This creates some other structural problems including an unusual
roof line and an odd exterior elevation.
Mr. Black stated the Horecks are excited about building the
house. They have the permits and are under construction. The
house sits well on the lot and there have been adjustments made
to fit the lot. It is now the issue of the easement. There is
no reason to have the easement this wide because they can still
meet all the environmental protection requirements with a
shallower easement area.
� Mr. Newman asked how the easement was set as it is.
Mr. Black stated the easements are drawn on the final plat which
does not reflect the final contours of the property. The
easement line was drawn on the plat close to the wetland at a
point the surveyor thought was above the 100-year flood plain
elevation. It was accepted, and they thought they had enough
room to build. It was not a mistake on the part of the surveyor.
Knowing that these lots had restrictions and that the.homes would
be custom homes, in retrospect they perhaps should have paid more
attention.
Mr. Newman asked, when the City approved the plat, did we require
the easement be a certain�distance away from the delineation.
Ms. McPherson stated no.
Mr. Newman asked if they had assumed the su.rveyor was drawing the
line to be consistent with the delineation of a wetland.
Ms. McPherson stated this was correct.
Mr. Newman asked if the original delineation had changed.
Ms. McPherson stated no.
r� Mr. Newman stated the�e was then no reason for additional area to
be dedicated. The surveXor dr�TUt �,� and we accepted that.
PLANNINa CO�II88ION MEETINa. MARCH 20. 1996 PAGS 14
Ms. McPherson stated this was correct. IInless it is for a
specific engineering request, we do not atipulate the width of
easemente.
Mr. Newman stated, since.there is no such.thing as a wetland
easement, you use a drainage easement.
Ms. McPherson stated this was correct.
Mr. Newman stated, whether or not a hardship is caused, the
problem is that from a structural standpoint cantilevering the
qaraqe is going to be difficult.
Mr. Rie�nersma stated, from a standpoint of doing custom-design
homes and fittinq them onto the lots, we run into problems quite
often with setbacks and certain requirements. On this particular
lot, the reason we are where we are in the construction is that
when we designed the home we did take into consideration all the
setbacks. When he wrote a summary of the requirements for this-
lot, the requirement was to not build below 953 feet. So, he
designed the home under that assumption not realizing there was a
drainage and utility easement at that corner of the garage. His
impression was that they could build within the 953 line which is
what they are proposing. The reason we are constructing at this �
point in the way we are is that we could get�-a building permit
without having a foundation shown on that easement. The City
would allow them to build the garage r�ith an angle and
cantilevered. Upon putting together the purchase aqreement
requirements, etc., they then found this was within the easenbent.
Mr. Horeck is the future owner of the home. He distributed
copies of his memo to the Fridley Planning Commission dated March
20, 1996, regarding the vacation of the easement.
Mr. Horeck stated they have a stairway from the garage goinq to
the lower level. They ha�e elderly parents who are not in good
health and they e�ect their parents to come and live with them.
He eacpects to install a lift.aystem which requires adequate
clearance by the corner of the stairway. The cantilever leaves
marginal room and could cause problems. Beyond that, they feel
the angled wall detracts fram the house and the beauty of the
neighborhood. They have had a number of concerns expressed by
staff. The first was that they did not meet the setbacks. Mr.
Black has discussed this in detail. The second was that the
neiqhbors have serious objections. T�ey.have lived in the .
�neighborhood for 22 years. iie went to each peraon iistea on the
notice. With the exception of one person, they have all aigned.
The one person objecting is at the meeting. They have spoken
about the obj ections and -it � comes -down>�� to •� destroying the beauty
of the wetlands and not wanting the development in their backyard �-�,
in the first place. The development is he�e. The house will be
0
PLANNINt3 C�MMI88ION i�BTINa, MARCS 20. 1996 PA�313 15
built. They want to preserve and enjoy the wetland. They have
been avid about preserving the wetland. Their plan is to leave
the wetland and easement as it is but they want to get the
footinqs in for the garaqe. They have an elevation of 955 feet
at the back of the house at the door on the lower level. The
corner of the garaqe is an area of 35 square feet that would
encroach. If the wall is angled, the eqreas is tiqht if they
have a wheelchair situation.
Mr. Horeck stated he has no objection to the buffer area. They
plan to leave the area wild, clean up as much as. they can and
keep it as natural as they can. They have two places that are a
problem. The first is the 35 square feet at the angled wall and
the other is one footing for a deck in the very back corner. He
does not see how they are going to upset anyone's view by makinq
the garage the right shape. They have no neighbors that will be
affected. This is. a reasonable request and he hopes to get
approval. �
Mr. Reyes stated he is speaking in support of staff's
reco�o�nendation that the wetland and drainage easement be
retained. He was aware of the restrictions and covenants. These
were done for many qood reasons, including the preservation of
,..� the wetlands and retaining the natural beauty. �He is concerned
about this request. In his experience, the developer has already
encroached on property. His next door neighbor had his land
encroached upon by a bulldozer which leveled everyth3nq there.
That neiqhbor.has resolved the matter but the developer did not
have permission to do thata 8e is concerned that this request,
though for a mini.mum amount of space, can end up being different
than what is expected. He is concerned that what is being asked
for may not be the final product. This area has had a lot of
water runoff in the last few years. He is concerned that the
home was started before this request was made. It is close to
the wetland as it is. He is surprised that a home of that size
is goinq in that close to a body of water. He would support that
the land and easement be retained as.they are.
Mr. Saba asked if there was any other way to do this without
givinq up the entire easement, such as by a variance.
Ms. McPherson stated the issue is not a setback requirement.
Mr. Newman stated he does not like the fact that, if the Planning
Commission approves the vacation, it allows a home to be within
1.5 feed of a dedicated wetland but the City has no ordinance
requiring a setback. The surveyor may have made an error. If
so, we have to correct that mistake. This request is to correct
the delineation. �
�,
Mr. Oquist stated the rec�uest is not to build into the wetland.
PLANNINa CO�II88ION MEBTINa. MARCH 20, 1996 PAaB_16
It is still 1.5 feet away. He thought they could assure Mr.
Reyes in making sure this is constructed properly.
Mr. Newman stated he would assume, if they added a stipulation,
that we want the edge of that wetland clearly marked and staked
during the construction period, that would be acceptable so it is
clear to the builders, neiqhbor� and City inspectors where the
line is.
Mr. Sielaff stated he is concerned about a broader i�sue. One
can argue that the easement is accurate or not accurate. 8e is
concerned about other drainage.easements that�are done and what
this does when they review other requests that come up. The
lines are put on paper for a reason and now we are starting to
move those lines a little more and then someone requests a little
more. Where to you then draw the line? He is concerned from a
broader perspective. He has no qualms that the owner will take
care of his property and take care of the wetlands, but he sees a
broader issue.
Mr. Oquist stated this easement was arbitrarily placed there
where in other situations they are well defined easements along
lot lines.
Mr. Newmara recommended, when they are done, that staff look at an
ordinance specifying setbacks from a wetland. Since we do not
now have such an ordinance in place, he did not think they could
impose it in this case.
Nlr. Saba stated he could go along with that recommendation. He
would also like to see a setback ordinance for wetlands.
OTION by Mr. Oquist, seconded by Mr. Rondrick, to recommend
approval of Vacation Request, SAV #96-01, by Imperial Homes,
Inc., to vacate that part of the drainage and utility easement as
dedicated on Lot 7, Block 1, Totino Grace Addition, described as
follows: Beginninq at a point on the north line of said Lot 7
distant 65.10 feet east from the northwest corner of said Lot 7;
thence on an assumed bearing of South 28 degrees 00 minutes 00
seconds East alonq the west line of said drainage and utility
easement 64.13 feet; thence South 38 degrees 00 minutes East
32.00 feet; thence North 24 degrees 16 minutes 58 seconds West
92.63 feet to a point on said north line distant 12 feet east of
said point of beginning; thence South 77 degrees 31 minutes 44
seconds West 12.00 feet to the point of beginninq. Except the
north 5 feet thereof, generally located at 1435 Royal Oak Court
N.E., with the following stipulation:
1. The edge of the wetland be�clearly marked at not greater
than 10-foot in�ervals so all concerned persons can monitor. ^
� PLANNINa COI►�ISSIO� MEETINd, MARCH �0. 1996 PAaB 1?
Mr. Saba stated he was concerned about the lack of consideration
by the conatruction company going into the neighbor's property
and being careless.
Ms. McPheraon updated the commission on this issue. An error was
made by the subcontractor on one of the lots. Staff immediately
worked with the petitioner and the neighboring property owner to
bring resolution and correct the error. _.They.have re-vegetated
and re-planted what was destroyed. As a result, in order to
enforce the 15-foot no cut zone, staff has required the
petitioner to install orange snow fencinq to prevent sub-
contractors from misunderstanding where the construction area is.
Staff is holding a performance bond of the petitioner as well.
Staff have put mechanics in place to prevent further inadvertent
encroachment. This will apply to this lot as well.
IIPON A VOICS VOTL, WITH M8. MODIa, M�. �iEWMA�T, �. HONDRICH, MIt.
�IIIBT� AND MR. BABA VOTINt� AYE, AND MR. BIELAFF VOTINa �Y,
CHAIRPER80N NEWMAN DECLARLD TH$ MOTIO�T BY A MAJORITY VOTE.
Ms. McPherson stated vacation requests require a public hearing.
The City Council on April 8th will establish the public hearinq
for April 22. The City Council will consider this request on
^ April 22.
i '�,
MOTION by Mr. Saba, seconded by Mr. Rondrick, to recommend that
staff review and evaluate the possibility of adopting a wetland
setback ordinance. �
Ms. McPherson stated this may be included in the shoreline
ordinance.
Mr. Newman thought this would get buried there. He felt this
should be part of the zoning requirements.
IIPON A VOICE VOTE, ALL VOTI�Q� AYB, CHAIRPER80N �1EWMA�T DSCLARED
THE MOTION CARRILD DN�iIMOQBLY.
4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
OF FEBRUARY 8. 1996
OTION by Mr. Rondrick, seconded by Mr. Saba, to receive the
minutes of the Housing & Redevelopment Authority meeting of
February 8, 1996.
IIPON A VOICF VO'1'E, ALL VOTINa AYE, CHAIRPERSON NEWMlI�T DECLARED
THE MOTION CARRIED IINANIMOIISLY.
5. �ECEIVE THE MINUTES OF THE�APPEALS COMMISSION MEETING OF
FEBRUARY 14. 1996
PLANNINa CO1�IIrtI88ION ME$T3Na, MARCS 20. 1996 PAa$ 18 �
MOTION by Mr. Oquist, seconded by Ms. Modiq, to receive the
minutes of the Appeals Commission meeting of February 14, 1996.
IIPON A VOIC$ VOT�, AtaL VOTING AYI� � CHAIRPERSON �iLWMAN DECLARLD
TH8 MOTION CARRIED IINANIMOIISLY.
6. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OOALITY AND ENERGY
COMMISSION MEETING OF FEBRIIARY 20. 1996
OTION by Mr. S_ielaff, seconded by Mr. Saba, to receive the
minutes of the Environmental Quality and Energy Commission
meeting of February 20, 1996.
IIPON A VOICB VOTB, ALL VOTINt3 AYE� CHAIRPSRSON 1�18WMAN DECLARED
TSL MOTION CARRIED DbII�NIMOIIBLY.
OTHER BUSINESS
Mr. Hickok stated the first neighborhood meeting in Hyde Park
regarding the Frank's IIsed Car site had been conducted. Many
residents would prefer to see a single-family development.
Others had some interestinq connnents regarding a townhouse
development.
ADJOURNMENT
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting.
IIPON A VOICE VOTB � AI�L VOTINa AYE � CHAIRPLR80�T NSWMAI�T DECLARED
THF MOTION CARRIED AND TH�E MARCH 20, 1996, PI,l�iNNINa COMMIBSION
MEETING ADJOIIRNED AT 9s05 P.M.
Respectfully submitted,
` / �
Lavonn Cooper
Recording Secretary
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S I G N— IN S H E E T
PLANNING COMMIBSION.MEETING, March 20, 1996 ,
7
MEMO UM
PLA1v1vING DIVISION
DATE: March 28, 1996
TO: Members of the Fridley Planning Commission
FROM: Scott J. Hickok, Planning Coordinator
SU&TECT: Information Memo - Revision to the City's Comprehensive
Plan regarding non-point source pollution.
INTRODQCTION
This Comprehensive.Plan amendment coincides with the storm water
run-off protection elements that are aurrently contained within the
City's Zoning Ordinances and enforced by City-Staff.
` I88IIE �
In August 1995, the Metropolitan Council approved an amendment to
the City's Comprehensive plan. This amendment did allow the City
to change their land use designation from Industrial to Commercial
on a 14.5 acre site. The impetus of the City's request was their
desire to accommodate Home Depot IISA.
At that time, the Metropolitan Council stipulated that their
approval was tied to a requirement that the City amend their
Comprehensive Plan to coincide with.the City�s existing ordinance
language. The City's non-point ordinance was adopted to protect the
environment and was an attempt to comply with the Metropolitan
Cauncil's earlier mandate regarding non-point source pollution. The
Met Council recognized the City's effort as having the impact they
had hoped for, but asked that we now do the Comprehensive Plan
housekeeping to complete the process. ��
The purpose of the Metropolitan Council's Interim Non-Point Source
Pollution Standards and the National Urban Run-off Program (NURP)
Standards is to protect the surface water quality in our region and
the nation. Without these standards the region would experience a
degradation of surface water quality and pre-mature aging of ponds,
lakes, rivers, etc.
IMPLEMENTATION IMPACTS
Staff is careful to observe the NURP/Non-Point Source Standards
� that exist as elements of the City's zoning text.
BII�EBTLD COMPRSHENBIVE PLAN AMENDMFI+1'1'
(ATTACHED)
RSCOMMRNDATION
Take public comment and approve the attached Comprehensive Plan
language if deemed appropriate.
SH/sh
M-96-152
��
�,
Revision to the City's Comprehensive Plan (
-� March 1, 1996 . ,
Page 2 �
SUGGESTED COMPREHENSNE PLAN AMENDMENT-
MODEL LANGUAGE FOR ITEMS TO BE SUBMITTED TO THE
METROPOLITAN COUNCIL FOR RE1fIEW
1. PROPOSEO COMPREHENSNE PLAN AMENDMENT
The CitY of Fridley will appfy Nationa0 Urban Runoff Program (NURP) standards for the
design of new. stormwater ponds and the MPCA's urban best managemerrt prac�ices
titled Protectinq Water (�uali#v in Urban Areas* to the review of any proposed
development occurring i� the City of Fridley to reduce nonpoint source poUutant
loadings in stormwater runoff. The City of Fridley wip inoorporate these standards and
requirements in.its stormwater managemen# plan and land use controls to impleme�#
this policy.
2. PROPOSED SCHEDULE FOR PREPARING AND ADOPTING AMENDMENTS
TO LOCAL STORMWATER PLAN AND LAND USE CONTROLS
� ;_
The City of Fridtey will prepare and adopt specific amendments to its.stormwater pian
and land use controls by May 6, 1996. The Metropolitan Counci! will be not�ed after
the amendments have been adop#ed.
3. STATEMENT OF COOPERATION WlTH DNR FOR THE REVISION OF
SHORELAND REGULATIONS
The City of Fridley will work with the Department of Natural Resources to adopt the
revised shoreland r�ulations consistent with the DNR's schedule of priorities. The
Metropolitan Council will be notified following the date of their adoption. (This
statement may be an administrative action and induded in the letter submitti�g the plan
amendmerrt to the Council for review . It does not �equire officia! action by the local
govemment)
�'kThe local govemmen# may adopt standards and other requirements that
are equivalent to NURP and the MPCA's urban best management
� Practices if it chooses. This is explained in the Counci!'s lnterim S#rateav
. to Reduce Nonnoint Source Pollution to the Minnesota River or Interim
Strateav to Reduce Nonaoint Source Pollution to A!1 Metroclolitan Water
Bod�es. If�the local govemment chooses the altemative of adopting
equiv�lent requirements, it should provide a copy of these for the
�...� Council's files. '
,`
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PUBLIC HEARING NOTICE
BEFORE THE
PLANNING COMMISSION
-------------------------------------------------------------------
Notice is hereby qiven that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on Wednesday, April 3, 1996 at 7:30 p.m. for
the purposes of:
Consideration of a Comprehensive Plan Amendment, CPA �96-01,
by the City of Fridley, in accordance with State Statute
462.355, Subdivision 2, procedure for plan adoption and
amendment. The proposal would add policy #4, to Paqe 6-5,
Chapter 6, Water, Sewer and Solid Waste:
4. The City will applv National Urban Runoff Program �NURPI
standards for the desiqn of new stormwater ponds and the
14f-0 r,.,e��.�� D�7 7��4� i �r. �+�r,�Fr.�l ar►one.�sl Q /MD(�S 1 »rl�an ho�f
occurring in the City of Fridley to reduce nonpoint
source pollutant loadings in stormwater runoff. The Citv
will incornorate these standards and requirements in its
stormwater manaqement plan and land use controls to
implement this policy.
� 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 572-3599.
Hearing impaired persons planning to attend
or other persons with disabilities who
should contact Roberta Collins at 572-3500
1996.
Publish: March 21, 1996
March 28, 1996
i �
who need an interpreter
require auxiliary aids
no later than March 27,
David Newman
Chair
Planning Commission
/'�
DESCRIPTION OF REQUEST:
The petitioner requests that a special �ue perrnit be �ssued to allow the ir�tallation of an
automatic changeeble time and temperature sign in conjunction with a new permanerrt sign.
SUMMARY OF ISSUES•
Section 214.07 of the Fridley sign c�ode require.s that a special use permit be issued prior to
the instaAation of automatic changeable signs.
The props�sed request meets the requir�nerrt.s of the sign code. The primary sign measures
� 72 square fe� in area� and reads °North Metre Neck and Back Specialists°. The time and
temper^ature sign is 4.8 square feet. The total sign area is less than the maximum 80 square
fegt permitted by c�ode (76.8 square feet). The City t�s iv� time and temperature signs; one
�t Home Valu and the other at TCF Bank on Central Avenue. Menards also I�as an
automatic changeable sign as part of its freo-sCanding sign. Menards' sign is perrnitted to
change only once ev�y 15 minutes. Time and temperature signs may change more
frequer��y.
RECOMMENDED ACTIONS:
Staf� recomm�ds that the Planning Commission recomm�xi approval of the special use
perrnit request, to allow an automatic changeable time and temperature sign, with the
following stipulation:
1. If the use of this sign becomes more than time and temperature, the messag� shall
change no more tt�an or�ce every 15 minutes.
s�taff aeport
SP #96-03, Wayne �hl
Page 2
PetiUon For.
Locatton
ot Property:
Legal Descrtption
ot Pro�rty:
Size:
Topography:
Existtng
Vegetatlon:
Extsting
Zontng/Plattlr�:
Availability
of Municipal
Utilities:
Vehtcular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
Issues:
DEVELOPMENT SITE
ADJACENT SITES
WEST:
SOl1TH:
PROJ:,ECT DETAILS
A speciai u.se permit to allow an automatic changeable
time/temp�ature sign.
7699 Highway 65 N.E. �
West 230 feet and the North 2�3 fee� of the Northwest.
Quarter of the Northwest Quarter of Section 12.
53�590 square fee� 1.23 acres
Flat
Typical shrubs ar�d sod
C,3, General Shopping Center Distric� unplatted
� i.i� _� =�t
Osbome Road, High�nray 65
n =. . • .. �...
Norre
Zoning: G2, C,eneral Business � Land Use: Gas station
Zoning: G3, Gerteral Sttopping Cr�tr Land Use: Restaurartt
,,. ., ,. . �
.. .. .. .,,
� _
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�
�
�
,�
sm� R�ort
SP #96-03, Wayne Dahl
Page 3
EAST:
NORTH:
Comprehenstve
Pl�nning Issues:
Pubtic HeaMng
Commer�ts:
REGIUEST
Zonir�: G2� C-�eral Bu�iness
Zoning: Unlmown, Spring Lk Pk
Land Use: Prof. offiCes
Land Use: Gas station
The p�itior� requests that a specia! use p�mit be issued to apow the installation of
an automatic time and t�nperature sign in conjunction with a nernr pe�nanent sign.
Seccti�on 214.07 of the Fridley sign c�ode require,s that a special u.se permit be issued
prior to the irutallation of automatic change�able signs.
PARCEL DESCRIPTION AND HISTORY
The subject parcel is located in the southeast camer of the interseation of Highway
65 arxi Osbome Road. The property was originally a driv�in restaurartt Icnovm as
the °Frost Top°. In 1964, a buildir� permit was issued to construct a 26' x�'
r�taurant and c�nopy on the site. Add�tional building permit activiiy includes:
1969 - Construction of a 38' x 38' storage building
1976 - Addition of a miniature goff oourse
1981 - Pebtioner acquired the property and remode{ed it from the driv�in
restaurant use to the chiropractic clinic
1987 - The p�titioner added a 1,656 square foot acidition
►_�, r�a
Section 214.07 of the City's sign code requir�es approval of a special use pe�m�t prior
to the installation of eny automatic changeable sign. The secEion limits the change of
m�sage for automatic changeable sigr�s �o once every 15 minutes with the exc�ption
of time and temperature signs� vvhich may change more frequ�Uy. There are tw�a
time and tempe�ture signs located in Fridley; one at Home Value ar� the other at
TCF Bank on Central Av�ue. The IVlenards sign is also an automatic changeable
sign; how�ver, its m�sage changes once e�very 15 minutes as perrnitted by oode.
staff Report
SP �#96-03, Wayne Dahl
Page 4
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The tota� square footage of the signage is proposed tQ � be 76.8 square f�et. This is
broken down as to 72 square feet fior the primary sign which reads �North Me�
Neck and Back Specialisis", and 4.8 square fee� for tt� time and t�nperature sign
which is proposed to be located on �p of the sign. The total of the proposed
square footage of the sigrmge is less than the � square feet rr�cimum perrr�itted by
code.
RECOMMENDATION
The proposed sign mee�s tt�e standards se� fiorth in the sign code; therefore, staff
recommends that the Planning Commission reoommend approval of the request, with
the foilowir�g stiputation:
1. lf the use of this sign becomes more than time ar�d temperature, the message
shall change no rrwre than once ev�y 15 minutes.
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SP #96-03
7699 Highway 65
LO�ATION MAP
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PUBLIC HEARING
BEFORE THE
PLANNING COI�IliISSION
Notice is hereby given that there will be a public hearing of the
Fridl�y Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on Wednesday, April 3, 1996 at 7s30 p.m.
for the purpose of:
Consideration of a sgecial use permit,
SP �96-03, by Wayne Dahl, per Section 214.07
of the Fridley City C�le, to allow an
automatic changeable sign on the North 233
feet of the West 230 feet of the Northeast
Quarter of the Northwest Quarter and that
part of the North 233 feet of the Northwest
Quarter of the Northwest Quarter lying�
easterly af said Highway No. 65 as the same
is now laid out and constructed, all in
Section 12-30-24 subject to the rights of the
public over the North 33 feet and over the
West 30 feet thereof for highway and driveway
purposes, subject to easements over the East
5 feet to NSP 4/24/64 subject to road
easements to Viron Realty. This property is
generally Zocated at 7699 Highway 65 N.E.
Any and all persons desiring to be heard shall be qiven an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Community Development
Department at 572-3599.
Hearing impaired persons planninq to attend w
interpreter or other persons with disabilities
auxiliary aids should contact Roberta Collins
later than March 27, i996.
Publish: March 21, 1996
March 28, 1996
ho need an
who require
at 572-3500 no
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
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C1TY OF FRIDLEY : �
6431 UNIVERSITY AVENUE N.E. '. f ;
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FRIDLEY - .�,� , .r. ,_ . _
, IVIN 55432 - � .., , - .
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(612) 571-3450 � Y , COMMUNITY �EVELOPMENT -DEPARTMENT -
- SPECIAL USE PERMIT APPLICATION FORM
PROPERTY INFORMATION - site-plan'required for submittal; see attached
�IdE�SPSS: " . . - /, . r'�".r . _
C.�
Pro�rty Identifica.ti Number � �
Legal description: � 2� C� ��y a�. %
Lot Block T ct%Add' '
ra. iaon
Current zoning: _ �i�-- Square footagelacreage
Reason for special use permi� ��.,� � y-�yy,�_
Section of City Cade: Z( �-f , C�7
Have you operated a business in a city which required a business license?
.. Yes No _ X If yes, which city.?
If yes, what type of business? �
Was that license ever denied or revoked? Yes No
�EE OWNER INFORMATI4N (as it appears on the property title) �
_(Contract Purchasers: Fee Owners must sign this form prior to processing)
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PETITIONER INFORMATI N
N� ���i�--�
ADDRESS � � J �
YTIME PHONE
SIGNATURE���-.- � ���//j,�!,. DA.I.E
F�� $�•� v $100•(m for residential 2nd accessory buiidings
Pemnit SP #_ q(s� - ��� Receipt # � 2 Z
Application received by:
Scheduled Pianning Commission date: ► ; �/�` �j ( p
Scheduled City Council date:
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" SP.�96-03 Mailing List Mailed: March 21, 1996
Wayne Dahl
�"'1
ayne Dahl
7699 Highway 65 NE
Fridley, NIIJ 55432
The Moseman LLP
or Current Resident
7585 Highway 65 NE
Fridley, MN 55432
Current Resident
7601 Highway 65 NE
Fridley, 1�T 55432
Gerald/Gretchen Jackson
1295 Silverthorn Drive
Shoreview, 1�? 55126
Fridley VFW
^c Current Resident
_052 Osborne Road NE
Fridley, NIl�T 55432
City Council Members
�
City of Spring Lake Park Anoka County
Planning Department 325 E Main Street
1301 - 81st Avenue NE Anoka, 1�T 55303
Spring Lake Park, I�IIJ 55432
Current Resident
7597 Highway 65 NE
Fridley, I�IId 55432
Public Storage znc.
Dept. PT MN 35410
PO Box 25025
Glendale, CA 91201
Maui Inc.
or Current Resident
1200 Osborne Road NE
Fridley, I�T 55432
Current Resident
7680 Highway 65 NE
Fridley, MN 55432
David Newman
Planninq Comm. Chair
7635 Alden Way NE
Fridley, NIIJ 55432
Wayne/Arlys Panning
119 Circle Drive
Marshall, 1�T 56258
Current Resident
1150 Oaborne Road NE
Fridley, NII�T 55432
Division 7 Corp.
or Current Resident
7600 Highway 65 NE
Fridley, MN 55432
Lloyd Ring
2721 Coon Rapids Blvd
Coon Rapids, NII�T 55433
DESCRIPTION OF REQUEST:
The ' petitioner requests that a speaal use pennit be appnoved to allow e�ansion of an
automobi{e agency seliing or disptaying r�w and/or used vehicles. If approv�, the request
wuuld allaw oonstnx�ion ofi a 3,904 square foot, finro story addition to the e�dsting showroom.
The addition will ailow tf� petfioner to �nove a temporary trailer currently being used as
office spaoe.
SUMMARY OF ISSUES:
Sec�i� 205.15.01.C.(2) of the Fridley City Code requires a special use permit for agencies
selling or displaying new andlor used automobiles.
The subjed properly has had a long history of the property rnnme�rs failing to comply with
stiputatiais �duding lar�scaping, installation of curb and gutter, setbacks, etc. The special
use permit is an oppartunity for the City to vvork with the c�merrt property oHmer to redify
outstanding complianoe/mitigati� issues and to allaw the owner to make the improvemerrts
necessary for his bu.siness operation.
Staff recommends tF�t the Planning Commissi� recommend approval of the sp�ial use
permit, with the following stipulations:
1. The boulevard area along the frorrt of the property (facing Higt�nray 65) shall be expanded
to meet the 20 foot hardsurface setbadc area.
2. The pe#itiaier shall �ovide cxarb and gutter alorxx� the entire perimeter of the paricing area.
3. The petitioner shall install �diti�al street trees al�g the center part of the boulevard
area.
4. The petitioner shall expar�d tt� boulevard area along Fireside Drive to meet the 20 foot
hardsurf�e setbadc and provide tlie r�uired I�dscapir�, a ttuee foot berm or hedge�
to provide scxeening for the �ac�ent residerrtial property.
5. I�o c�rs shall be display�l on tl� boulevard.
Staff RepOrt
SP #96-04, Roger Moody afi Friendly Chevrolet
Page 2
Petition For:
Location
of Property:
Legal Descripfior�
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Plattiing:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
Issues:
PROJECT DETAILS
A speciai use permit to allow the e�ansion of a car
dealership.
7501 Highvv�ay 65 N.E.
West 600 feet af the North 300 feet .of the Southeast
Quarter of the Narthwest Quarter of Section 12.
287,496 square feet; 6.6 aaes
Flat
Typical suburban
C�, Ceneral Shopping Center District; unplatted
Connected
Highway 65 Service Road
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� Staff Report
SP #96-04, Roger Moody of Friendly Chevrolet
Page 3
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ADJACENT SITES
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Commertts:
7�ing: R�, Mobile Hane Park Land Use: Mobile homes
Zoning: R-4, Mobile H�ne Park Land Use: Mobile homes
Zoning: M-1, Light Industrial
Z�ir�: M-1, LigM Industrial
Land Use: Vacant
Land Use: Mfg. faality
Cwrer�t zoning is consisterrt with the Comprehensive Land Use
designations.
To be take.n
DEVELOPMENT SITE
R� UEST
The petitiorr�- requests that a special use permit be approved to aUaw e�ansion of an
automobile agency selling � displaying new and/or used v�ides. ff approv�� the
request v�uld allrnnr c�a�ruc�on of a 3,904 square foot two-story addiEion to the
e�asting showroorn.
PARCEL DESCRIPTION AND HISTORY
The subjed parcel is located in the northeast comer of the intersection of Highway 65
and Fireside Drive. The property was first usec! in 1960 as a mobile home sales and
display lo� In 1960, the Cit�r issued a building perm� f� the construction of a 49' x 72'
workshop and office spaoe. Subseq�nt building permit �ctivity are as follaws:
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Consbvdion of a 24' x 24' detat:hed garage
Cons�uc�ion of a 120' x 140' mobile home sales and service
building
Construdion of a 100' x 150' storage and sales addition
Sta�f Report �,
SP #96-04, Roger Moody of Fri�dly Chevrolet
Page 4
1971 - Eonstruc�ion af a 920' x 232' addrtion, and issuance of special use
penmit, SP #71-10, for new artd used car sales
1978 - Construdion of a 48' x 150' addition
198'1 - Ap�oval of special use permit to park n�w vehides on the Kurt
ManuFaduring property located to the north
In 1971, when the �ilding permit was issued for the car dealership, there were several
stipulations on the �ilding permit Those indude:
1. Curbing to be installed around bladctop �rking and driveway areas
ioca#ed in front of the twilding.
2. Parking spaces � parkirx� areas to be marked for cars.
3. Curbing to be provided along bladctop area along Fireside Drnre sometime
in tt� future. (A date was never established for instaAation of curbing �
along Fireside Drive based ai the 1971 permit)
ANAL1fSIS
Staff has reviewed the petitioners proposal for the proposed e�ansi�. The analysis
follows:
Setbacks
The proposed addition meets all of the building setbadc requirements set forth in the C-
3� General Shopping Center disst�rrict c�de. In t�ms � the parking setbacks, the parking
area does not meet the following setbadc requirements:
1. The hards�uface setbadc along the Higfiway 65 frorrtage road and . Fireside
Drive � not meet the 20 foot requirement (13 and 7 feet). The center
portion of the boulevard directly in fror�t of the building along Highway 65
does meet the 20 foot setbadc requiremerrt.
2. The five faot t�ardsurFace setback requiremerrt from the rear property line
is no# met {0 feetj. The petitioner ir�icated in a letter to the City dated
March 29� 1994 that they irrtend to repave � the errtire parking lot
�'1
,—� Staff Report
SP #9G-04, Roger Moody of Friendly Chevrolet
Page 5
The petiti�r has ir�dicated in his proposed plans that he wiil insisll new cxxb along
the Highway 65 frontage road. The petitioner at this tirrre should ir�all the cx�rti so that
it meets tt� 20 feet hardsurf'ace setbadc requirement � prooess a variarroe to mairrtain
the historically .established setbadc line. The petitioner shall also meet the setbac�cc
requiremerrts along Fireside Drive and along U�e rear property lir�.
Parking
Loca#ed on the property are 586 parki� spac�es. For tl� use, the code r�uires 76
spac�s. If the use were to change, the speculative perlcir� ratio of a� space per 200
square feet af building would require 496 spaoes. With � proposed changes .
ir�icat�l by staff to rr�et Uie setbadc requirements f� hard surfaoe, the properly will �
able to provide 578 spaces� a net loss of eigh# spaces. The property would stiA meet
the c�de requiremerrts.
Building Code Requiremer�
^ A new handic�pp� c�de has been �ted by the State of Minnesota which requires
that acoess to tt� sec�or� story of tF� additian be provid�. This vwll r�quire an
elevator or some type of lift to be insialled far t�icapped acx�ess to the second story
addition.
The zoning c�de .also rsquires that all strudures in excess of 10,000 square feet be
sprinklered. The new �ddition will incxease the existing showroom and offoe space
over the 10,000 square foot r�uir8merrt. The petitioner will be required to install
sprinklers in the new addition as well as ir� the fom�er sh+�rtoom and office areas.
Grading and Drainage
The petitioner will be r�laang existing green area arour� the buil�r� vvith a concrete
display area for c�rs. If #he green spac� is expanded along t� Highwey 65 . and
Fireside Drive fra�tage, the Engine�ing Departmer�t wil! rat require a gradin8 and
drainage plan.
Landscaping
The petitioner has submitted a landscape plan. The plan provides nelnr
hedging/sc;reenir� in the ba�levard area direcUy in fra�t of the �ildir� along HigMnray
65. Additional scxeening sf�uld be included in the boulevard areas � edhec side of
�"` the oenter: There is no screening along �reside Drive. There are five street trees
Staff Report
SP #96-04, Roger' MoodY of Friertdly Chevralet
Page 6
randomly scattered al�g Fireside Drive. The petitiaier sF�uld provide additional
landscapi�g in c�onjunc�ion with tl�e expansion of the boulev� d area al� Fireside
Drive. V1fith the ooncrete dis�ay area, rw c�rs should be parlced in the boulevard.
RECOMMENDATION
Staff reoommer�ds that the Planning Commission reoommend appraval o# the s�pecial
use permit, with the following s�tipulations:
1. The boulevard area al�g the fr�t of the property (faar� Highway 65) shall be
expanded to meet the ZO foot hardsurtaoe setbadc area. .
2. The petitioner shall provide cxub and gutter along the er�tire perimetec of the
Parkin9 ar'ea-
3. TMe petiticjr�er shall irtstall �itia�al street trees along the cerrter part of the
boulevard area.
4. The petitioner shall expand ttre boulevard area along Fireside Drive to meet the
20 foo# hardsurface se�c ar�d provide the required IandscaPir�B� a 8vee foot
berm or t�edge, to provide scx�ing f� the adjac�nt residerrtial property.
5. No cars shall be displayed in tMe boulevard.
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CH�'VltOl�'T
GEO, I1VC. I
March 29, 1994
7501 N.E. Hwy. 65 • Fridley, MN 55432 �(612) 786-6100
Ms. Barbara Dacy, AICP
Community Developement Director
City of Fridley �
6431 University Avenue NE
Fridley, MN 55432
RE: Trailer Permit Application
Dear Ms. Dacy:
We are requesting Council approval for the renewal of our trailer
license that we use for a training center.
We are a recent new company in Fridley beimg established in
September of 1991, and since our opening, have made the following
improvements to the property:
** Installed a sprinkler system to bring the building into
compliance with the Fire Marshals recommendations.
** Spent $90,000.00 in interior improvements in remodeling
the showfloor and offices.
** Spent $71,000.00 for a new paint booth to meet the new
requirements for air quality standards.
** Spent $120,000.00 for a new computer system.
** Spent $6,000.00 for painting the exterior of building.
** Spent $9,000.00 for seal coating t�he parking lot.
During the next five years we have the following planned
improvements with an estimated cash outlay noted for each:
** Reroof the entire building - $125,000.00
** Install new exterior lighting - $90,000.00
** Repave entire lot - $150,000.00
** Enlarge the showfioor -$200,000.00
Friendly Chevrolet Geo has continued its growth since September /"�
of 1991 and listed below are some of our accomplishments:
** We were in the top 3 for sales volume for all Chevrolet
Geo dealers in the metro area.
** We now employ 77 full time employees and 10 part time
employees with an annual payroll of $2,592,543.00.
** Real Estate Taxes paid in 1993 were $59,661.32
** We have made $8,000.00 in contributions in computer
eqiupment to local schools as a part of the Driving for
Ed�cation program.
** We have made a$2,000.00 contribution to the Anoka Animal
Humane Society.
We feel that we have been a good corporate citizen and would
appreciate your recommendation to the Council for approval of
our trailer license.
Sincerely,
��C� �"_�t --- -
Roger J. Moo
President
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Date:
City of Fridley, Minn.
6431 University Ave. I�i. E., Minneapolis, Minn. 55432
� � � i�►
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November 11, 1971
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Owaer; —__Yikin� Chevrolet g�� _ Biagini Bros . Inc .
Adc3ress _.,7s_o7 ui gh��65 Addr�s 1064 Payn,e Avenue St . Paul
7501 �� Highway �OCATION OF BUILDING �
x� ��� ����°�
• ' � ec ion �
I'°t ---- Bl� Addibion or 5ub-Divisi�
Corner Lot. Inside Lot Setback gideyard
Sewer Elevation Fwmdation IIevation
DESCRIPTION OF BUlLDING
To be Used as:
Car Dealership ��,t 120' �p� ge,q�t sq. �_27.800 ��
. Front Depth Height Sq. F't. Ca. Fk
Type of Construction Concrete Block �� $18��•00 To be Completed - 3/1/72
� Frame
�tipulations:
�+�1. Curbin$ to be installed�arouad blacktop parldng � driveway areas located in front
of buildiug. -
2. Parking spaces on parkiag area to be mai�ted for cars. �
��'': 3. Curbing to be provided along blacktop area aloag Fireside Drive sometime in
the fufure. 8. Provide 30' planting strip �
"�� 4. Landscape & planting to be approved by the�City, directly in front of bldg.
��,, 5. Slats in existing bullpen area. 8. Provide 15' plantiag strip
b. Provide � security lightin,g, along west side of 2 parking lots
7. 10 radii on allblacktop corners. located to the N. & S. of Bldg.
Ia c�nsiderai3on of the issuance to me oi a permit to �cE the l�ulding daa�ibed abov I ag�+ee t4' do '
tHe P�P� wor�C in accordance with the descriPl3oa above: set forth an�0ia cq�►plfaneeod ����3
Ordinaaces of the dty of �idiey. , 1 All rem e to e su �t to
• Fire C es , � �. .
9.0 e u c
In c�osideration of the PaYment of a fee of � t is herebY Sranted t� Viking
Chevrolet o � � �
to construct the buil � as desc�i6ed abov� Tbis perautt is granted uppn
�express condition that the person to whom it fs granted and his agents, employe�a and worl�nen, itt aII WC�k
in, around and upon said building, or attY P� ��� shall conform ia sII respects-to the ordinaaCes oF
b~ntdleY, Minnesota regaraing 1«�tion, construction, aiteration, maiatenance, repa�lr ana mov3ng of t�tdiags
o�i�di'�naace,�s. dtY limits and this permit may be revoked at any tiaie u�n violatioa of any of the�rovlsions of ssaid
'�/74��'�jC /�1� '
H Muhic �� � �
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NOTICE:
fTl�is psrmit does not cover the conshuction, inatallaHon fo� rrfr�g, plumbiag, gas beatin9i sewar or rrater. 8s son to ss�
� tLe Building laspeetoe for saparate permits for t6ese hems,
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SP ��96-04
Roger Moody
S P #96-04
75� 1 H ighway 65
Friendly Cheverolet
LOCA�'I�O-N n/IAP
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PUBLIC HEARING
BEFORE THE
PLANNING COMMISSIOAT
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on WednesQap, April 3, 1996 at 7s30 p.m.
for the purpose of:
Consideration of a special use permit,
SP �96-04, by Roger Moody of Friendly
Chevrolet, per Section 205.15.O1.C.(2) of the
Fridley City Code, to allow automobile
agencies sellinq or displayinq new and/or
used motor v�hicles in order for a
showroom/office expansion on the West 60D
feet of the North 330 feet of the Southeast
Quarter of the Northwest Quarter of Section
12, Township 30, Range 24, as measured along
the north and west line thereof, and that
part of the North 330 feet of the Southwest
Quarter of the Northwest Quarter of Section
12, Township 30, Range 24, (as measured alonq
the east line thereof) lying East of State
Trunk Highway No. 65, and the West 600 feet
of the South 200 feet of the Northeast
Quarter of the Northwest Quarter and that
part of the South 200 feet of the Northwest
Quarter of the Northwest Quarter lying
easterly of the State Trunk Highway No. 65 as
the same is now laid out and constructed, all
in Section 12, Township 30, Range 24, all
being in Anoka Couaity, Minnesota. This
property is generally located at 7501 Highway
65 N.E.
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 Community Development
Department at 572-3599.
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 March 27, 1996.
Publish: March 21, 1996
March 28, 1996
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
CITY OF FRIDLEY � `� , � �
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6431 UNIVERSITY,AVENUE N.E. . _ � <_ f ;. . >p s � �. k ' �j Y:, �;
FRIDLEY, MN 55432 . � - � � �� : � � � � #'
(612) 571-3450 , J, COMMUNITY DEVELOPMENT DEPARTMENT_� p< J,.;�' r4' ;�" 3`'.
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SPECIAL USE �PERMIT° APFLICATION FORM �� �,��: - � � � `�� �isr�. .��� f �
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PROPERTY INFORMATION - site� �� lan re uired for submittal; see atta.ched �'���
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Address: 1 So t i�w y�S N�' � �Fr: c�.�e� M,ni SS�-i� r2 ���' ry
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Property Identification Numher (PIl�_ ��'d 3 d ��E ot � o o�} b
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Legal description: r►�t P�'t oE- w boe �t eF a E yy, oE� N w�/�+ �•YG SeFN ��a:o �t l�,eMen� '
Lvt Block . _ Tract/Addition .. . �� _ ;;�
Current zoning: co M K = � � � Square �ootagelacreage � •6 0 , z � _ R �ti °
Reason for special use permi� , ,; �' " ^`�� ;'� ;` � $. _ - • - : f . `': � t �>;�,��
Section of City Code: _
Have you operated a business in a city wluch required a business "license? =� �-� '� ;�' `� �� �
Yes ✓ No If yes, -which city? F� : a� �.,,�
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FEE OWNER�INFORMATION as �t �a ears on the ro�� ert title �" k�'�� � ,f ��T
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(Contract Purchasers: Fee Owners must sign this form prior to processing) �``' �''` �
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SP #96-04 Mailing List
` Roqer Moody for
Friendly Chevrolet-Geo,Inc.
�
. :endly Chevrolet-Geo
Roqer Moody
7501 Highway 65 NE
Fridley, MN 55432
Charlea Bitzan
or Current Resident
1360 Fireside Drive
Fridley, 1�IId 55432
Donavan olson
or Current Resider�t
7401 Central Avenue
Fridley, IYIId 55432
Mailed: 3/21/96
Huynh/Nguyen
or Current Resident
NE 1365 Onondaga.Street NE
Fridley, MN 55432
Jam�s & Patsy Paulson
or Current Resident
NE 1310 - 75th Avenue NE
Fridley, 1�IId 55432
Gus & Laverne Carlson
or Current Resident
1370 Fireside Drive NE
Fridley, I�T 55432
Current Resident
7355 Highway 65 NE
Fridley, AIId 55432
Estate Plaza Mobile
1"�Sident Manager
__30 Fireside Drive
Fridley, 1�Il�T 55432
Current Resident
7490 Central Avenue
Fridley, P�T 55432
Court
NE
Midway xational Hank
Trust Department
1578 IIniversity Avenue
St. Paul, I�T 55104
Central Auto Parts
329 Bunker Lk. Blvd.
Ham Lake, I�T 55304
Current Resident
7450 Central Avenue NE
Fridley, IrIId 55432
American Leqion $303
NE or Current Resident
7365 Central Avenue NE
Fridley, 1�T 55432
John & Rachel Bening
or Current Resident
1390 - 75th Avenue NE
Fridley, 1�T 55432
Peter & Ana Marcy
or Current Resident
1350 - 75th Avenue NE
Fridley, P�T 55432
Michael & Kathryn Jalma
or Current Resident
1380 - ?5th Avenue NE
Fridley, MN 55432
William Ekstrom
or Current Resident
1330 - 75th Avenue NE
Fridley, l�T 55432
Kenneth & Pamela Toven
or Current Resident
1348 - 76th Avenue NE
Fridley, l�T 55432
Alvan Schrader
2715 Medicine Ridge Rd.
Plymouth, I�T 55441
Walter & Floyd Gustav$o �
or Current Resident
7410 Central Avenue NE
Fridley, AIl�T 55432
Fireside Rice Bowl
or Current Resident
1160 Fireside Drive NE
Fridley, 1rIIJ 55432
Current Resident
7361 Central Avenue NE
Fridley, I�II�T 55432
Francis Bennett
or Current Resident
1370 - 75th Avenue NE
Fridley, l�IId 55432
Todd & Linda Rennedy
or Current Resident
7481 Central Avenue NE
Fridley, I�i 55432
Thomas iiavlish Brian & Lynn Stromquist Lawrence & Mary Mastel
or Current Resident or Current.Resident or Current Resident
7�58 Hayes Street NE 7478 Hayes Street NE 7498 Hayes Street NE
� idley, MN 55432 Fridley, 1�T 55432 Fridley, I�T 55432
Jenny Berq Thomas Sontaq Scott Randolph
or Current Resident or Current Resident or Current Resident
1335 Onondaga Street NE 137? Fireside Drive NE 1367 Fireside Drive NE
Fridley, IrII�T 55432 Fridley, I�T 55432 Fridley, l�T 55432
Larry Vogt
or Current Resident
1357 Fireside Drive
Fridley, l�i 55432
Deborah Watzl-Vargo
or Current Resident
NE 1341 Fireside Drive NE
Fridley, MN 55432
Gary & Jacqueline Muske
2321 Stinson Parkway
�tinneapolis, NIIJ 55418
Brian & Cynthia Loso
or Current Resident
1334 - 76th Avenue NE
Fridley, I�i 55432
Charles & Sally Fay
or Current Resident
1390 - 76th Avenue NE
Fridley, l�i 55432
David Jensen
or Current Resident
1359 - 76th Avenue NE
Fridley, MN 55432
David & Dorothy Todd
or Current Resident.
7619 Meadowmoor Dr. NE
Fridley, 1�T 55432
Donald Stearns
or Current Resident
7601 Central Avenue
Fridley, MN 55432
Current Resident
1301 Fireside Drive NE
Fridley, 1�II�T 55432
Jeffrey & Joann Walczak
or Curreht Resident
1362 - 76th Avenue NE
Fridley, I�T 55432
Edward � Barbara Rush
or Current Resident
1391 - 76th Avenue NE
Fridley, 1�T 55432
Timothy & Aniko Bezdek
or Current.Resident
1351 - 76th Avenue NE
Fridley, MN 55432
Richard & Rolla Morin
or Current Resident
7635 Meadowmoor Drive NE
Fridley, 1�T 55432
Timothy & Robbin Dwyer
or Current Resident
NE 7613 Central Avenue NE
Fridley, MN 55432
Able Property Mgmt.
or Current Resident
7651 Central Avenue NE
Fridley, NIld 55432
Current Resident
7551 Central Avenue NE
Fridley, I�IIJ 55432
Anna Mae Broten Tru�''`a
or Current Resident
1321 Fireside Drive NE
Fridley, MN 55432
Richard & Brenda McCoy
or Current Resident
1320 - 76th Avenue NE
Fridley, 1�II+i 55432
Catherine McGuire
or Current Resident
1376 - 76th Avenue NE
Fridley, AIl�i 55432
Marlyn & Juleen Jeske
or Current Resident
1367 - 76th Avenue NE
Fridley, MN 55432
Thill/Eggers
or Current Reaident
7603 Meadowmoor Driv�
Fridley, NIIJ 55432
Mark Sadusky
or Current Resident
7651 Meadowmoor Drive N
Fridley, 1�+T 55432
William & JennetteCompto
or Current Resident
7627 Central Avenue NE
Fridley, I�T 55432
Martin Wasche
2755 Grand Street NE
Minneapolis, I�T 55418
Tam/Sau Jerry & Carolyn Renne Francis & Maida Waite
or Current Resident or Current Resident or Current Resident
7513 Central Avenue NE 7501 Central Avenue NE 1311 - 75th Avenue NE
Fridley, 1�II�T 55432 Fridley, rIl�T 55432 Fridley, NII�i 55432 �
Roland/Kathleen Bernard
or Current Resident
1319 - 75th Avenue NE
Fridley, MN 55432
Gillman & Helen Ulstad
�or Current Resident
1343 - 75th Avenue NE
Fridley, 1�I 55432
.��, Kathleen Wethe
�� or Current Resident
1371 - 75th Avenue NE
Fridley, NIld 55432
Donald & Jane Johnson
or Current Resident
7500 Hayes Street NE
Fridley, l�T 55432
Roy & Shirley Scherer
or.Current Resident
7528 Hayes Street NE
Fridley, MN 55432
Mike & Yvonne Mancuso
or Current Resident
7561 Central Avenue NE
��Fridley, IrIl�T 55432
�
;;.
",$
�$�
Current Resident
119 Circle Drive NE
Fridley, NIl�T 55432
Anderson Trucking
203 Cooper North
St. Cloud, 1�II+1 56301
David Newman
Planning Comm. Chair
7635 Alden Way NE
Fridley, NIl�T 55432
Norman & Cynthia lverson Dennis & Maureen Spano
or Current Resident or Current Resident
1327 - 75th Avenue NE 1335 - 75th Avenue NE
Fridley, 1�T 55432 Fridley, HIlJ 55432
Jeff & Janet.Cook
or Current Resident
1351 - 75th Avenue NE
Fridley, 1�T 55432
Walter Muyres
or Current Resident
1381 - 75th Avenue NE
Fridley, 1�T 55432
Sannes/Vanberkom
or Current Resident
7508 Hayes Street NE
F=idley, PII�T 55432
Terrance; & wyndella xajder
or Current Resident
?567 Central Avenue NE
Fridley, 1�Il+T 55432
Anoka County
325 East Main.Street
Anoka, I�Il�T 55303
Current Resident
7597 Highway 65 NE
Fridley, rII�1 55432
Rurt Manufacturing
or Current Resident
5280 I�Iain Street NE
Fridley, 1�1 55421
City �Council Me�mbers
Donald & Judith Gonko
or Current Resident
1361 - 75th Avenue NE
Fridley, MN 55432
John & Mary Zobava
or Current Resident
1391 - 75th Avenue NE
Fridley, MN 55432
Cristine Haeny
or Cur=ent Resident
7518 Hayes Street NE
Fridley, 1�T 55432•
Kenneth Shervey -
or Current.Resident
7571 Central Avenue NE
F=idley, l�T 55432
.- Professional Ventures
5891 Cedar Lake Road
Minneapolis, 1�T 55416
Anderson � Trucking
or current Resiaent
7600 Central Avenue NE
FridleyF� 1�IlJ 55432
Rurt Manufacturing
or Current Resident
; 7585 Highway 65 NE
Fridley, I�+Ild 55432
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..y���•�•a� �� ��Y �.ue �xywaoa r�l. upon purchase, Menaras would: raze
the existing 2-story office building, create an expanded unscreened
stora9e area behind the remaining ma11 building, and rework the interior
of the mall to acco�ooa�[odate both an expanded Menare3s retail
inventory/storage area and existinq tenants. The remaining retail
tenants in the mall would be relocated to the west edge of the existinq
Skywood building footprint. No expansion toward Hiqhw�y 65 has been
proposed. This property is located at 5207 Central Avenue NE.
S�Y OB I88�S8: Two spec$al use permits are requir�l for the Skywood
Mall request. A report on each permit request has been prepared. The
two permit requirements are:
� Code Section 205.15.O1.C.3, states, "Aqencies selling or displayinq
recreational vehicles, boats and marine equipment, machinery, manufactured
homes or other similar enterprises havinq merchandise in the open and
not within an enclosed structure." The purpose of this special use
permi.t is to allow c�nsideration of storing merchandise in the open and
not within the building at this location. Consideration will include the
areas in front of and behind the Skywood Mall.
Code 8eotion 205.15.O1.C.8, states, "Unscreened exterior storage of
materials alld equipmp.tlt,° � shall require a special use permit. This
report will focus on this particular Code Section. The purpose of this
special use permi.t is to allow consideration of all unscreened, visible
display and storage of materials and equipment.
The two special use permit requirements overlap. Both pertain to the
ability to establish outdoor storage areas of nmerchandisen and
"materials and equipment". The contents of the reports may seem to be
repetitive, but there are some distinctions which will be made clear in
the body of the report.
REOO�II�IDED ACTIONSa Staff recammends denial of 8P #96-OZ, due to
findings that the request will cause an increase in noise, light &
glare, unsightline�s of materials from the public right-of-way and
adjacent properties, conflicts with physically challenged individuals on
the site, compromised safety of individuals and materials, compromised
en�oyment of surrounding property, aesthetic decline associated with
outdoor, unscreened storaqe/display and the decrease.d tax base as a
result of removing office space and replacing it with outdoor storaqe.
8 Z Y� O O D � a L L /� E 8� B D 8 8 II P
'� Petition Bor:
Looation
oi Propertya
Leqal Desoription
of Propertpa
Sise:
Topoqraphya
EBiatiIIq
Veqetationa
Euistinq
Zoning/Plattinq:
Availability
of Municipal
IItilities:
��.
vehisaular
AcceaBs
Pedestrian
Acaess:
8ite Planninq
Issues:
�"'��
P R O J B C T D S T� I L 8
A s�cial use permit to allaw outside, unscreened display
and storage of materials on the property locateci at 5207
Central Avenue NE.
5207 Central Avenue NE
I,ot l, Block 1, Skywood Mall
5.85 acres
Generally level, with a severe incline (approximately
1:2.2 incline) at the easternmost 110' of the property
urban landscape on level portion, mix�i native vegetation
with very few tree.s on the slope.
C-3, General Cormnercial, Lot 1, Block 1, Skywood Mall
Available
via 53rd Avenue NE arid C�eri Lane
From parking to mall entrance, no pedestrian links exist
fram outside of the project area.
e � • • i�
The Special IIse Permit Section of the Fridley City Code
has been included to provide the City with a reasonable
degree of discretion in detp�+i *±; *+g the suitability of
certain designated uses upon the general welfare, public
health, and safety. In making this determination the City
may consider the nature of the land upon which the uses
are to be located, the nature of the adjoining land and
buildings, the effect upon traffic into and from the
premises or on any adjoining roads, and all such other
factors as the City shall reasonably deem a requisite of
consideration in determininq the effect of such use.
M.S.A. 462.3595
BITS HIBTORY
1964 - A permit was issued to remove a hause from the
Skywood Mall site.
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WEST:
SOUTH:
EAST:
NORTH:
comprehensive
Planninq Isssuess
Publia 8earinq
Con�ents:
1964 - A permit was issued to construct a 240• x 404'
(96,960 s.f.j mall
1966 - Move temporary buildinq from Silakopee for a
mini-golf course (5275 1/2 Central)
1966 - City approved a car wash at this location
1971 - A Piqqly Wiqqly food store began its operations
1972 - Caanplaint reqardinq hillside maintenance
1973 - A sign varisnce was =equested
1977 - Special IIse Permit, SP �77-05, to allow outside
display of mabile homes, denied.
1981 - Special Use Permit. SP#81-03, to allow b�per
boats, denied
1983 - Resolution 86-1983, to undertake and finance a
co�mmnercial development pro j ect
1983 - Public Hearing for the issuance of Commercial
Development Revenue Bonds
1983 - Resolution 99-1983, preliminary approval of a
project under the municipal development act
1984 - Building ��+it for the 187,012. s.f motel
addition
1984 - Building permit for 10,000 s.f. of office
addition �
1984 - �iilding permit issued for a restaurant in the
motel addition
1985 - Sprinkler system and roof reinforcement of the
old mall
1985 - Variances requested for signs
1988 -
1993. -
Zoning:
Foreclosure of property
Plat approved to split mall and hotel into
separate parcels.
,AD�7ACENT SITES
Hwy 65, and C-3, General Shopping Center
Zoning: An Amoco pipeline easement, and C-3, General
Shopping Center
Zoning; R-1,. Single Family Residential (raised
elevation)
Zoning: Hwy 694, R-3, General I�2ultiple Units
Consistant
To be taken
3
ACTIONBs Staff recommends denial of 8P #96-02, due to findings
that the request will cause an increase in noise, light
& glare, unsightliness of materials from the public
right-of-way and adjacent properties, conflicts with
physically challeriged individuals on the site, co�oApromised
safety of individuals and materials, comprcamised enjoyment
of surroundinq .property, aesthetic decline associated with
outdoor, unscreened storaqe/display ar�l the decreased tax
base as a result of removing office space and replacing
it with outdoor storaqe.
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aqreement to buy the Sicywood Mall. Upon purchase, Menards would: raze
the existinq 2-story office i�ui.ldinq, create an expanded unscreened
storage area behind the remaining mall building, and rework the interior
of the mall to accammaodate both an expanded Menards retail
inventory/storaqe area arxl existing tenants. The remaining retail
tenants in the mall would be relocat.ed to the west edqe of the existing
Skywood buildinq footprint. No expansion toward Highway 65 has been
proposed. This property is located at 5207 Central Avenue NE.
S�Il4IIsiRY OF =880ES:.Two special use permits are required for the Skywood
Mall request. A report on each ��it request has been prepared. The
two permit requirements are:
Code 8eation 205.15.01.C.3, states, "Aqencies selling or displaying
recreational vehicles, boats and marine equipment, n�chinery, manufactured
homes or other similar enterprises having merchandise in the open and
not within an enclosed structure." The purpose of this special use
permit is to allow consideration of storinq merchandise in the open and
not within the building at this location. Consideratiorr will include the
areas in front of and behind the Skywood Mall.
Code Seotion 2o5.i5.ol.c.8, states, "Unscreened exterior storage of
materials and equipment", shall require a special use permit. This
report will focus on this particular Code Section. The purpose of this
apecial use permit is to all� consideration of all unscreened, visible
display and storage of materials and equipment.
The two special use permit requirements averlap. Both pertain to the
ability to establish outdoor storage areas of "merchandise" and
"materiale and equipmentp. T�e contents of the reportc, may aeem to be
repetitive, but there are some distinctions which will be made clear in
the body of the report.
REOObII+�IDED ACTZONBa Staff recom�ends denial of 8P #96-07, due to
fi.ndings that the request will cause an increase in noise, light &
glare, unsiqhtliness of materials fraan the public r3ght-of-way and
adjacent properties, conflicts with physically challenged individuals on
the site, compromised safety of individuals and materials, compromised
enjoyment of surroundinq property, aesthetic decline associated with
outdoor, unscreened storage/display and the decreased tax base as a
result of removing office space and replacinq it with outdoor storage.
t 3
8 lC Y i� O O D Y A L L / 1[ E R]► 8 D 8 8 II P
/'�
atition Bora
Looation
of Propertya
Legal Desoription
of Bropertp:
Bize:
Topoqraphya
Esiatinq
Veqetationa
Esistinq
Zoninq/Plattiaqs
Availability
of l�unicipal
Qtilitiesr
�
ahicaular
Aaaesss
Pedestrian
ACaess:
8ite Planniaq
Issues:
,,"�,
P R O J L C T D$ T A I L 8
A special use permi.t to allow outside, unscreened display
and storage of materials on the property located at 5207
Central Avenue NE.
5207 Central Averiue NE
Lot 1, Block 1, Skywood Mall
5.85 acres
Generally level, with a severe incl3ne (approximately
1:2.2 incline) at the easternmost 110' of the property
urban landscape on level portion, mixed native vegetation
with vexy few trees on the slope.
C-3, General Commercial, Lot 1, Blxk 1, Skywood Mall
Available
via 53rd Avenue NE and Cheri Iane
From parking to mall entrance, no pedestrian links exist
from autside of the� project area.
DEVEIAPMENT SITE
The Special IIse Permit Section of the Fridley City Code
has been included to provide the City with a reasonable
degree of discretion. in determining the suitability of
certain designated uses upon the general welfare, public
health, and safety. In making this determination the City
may consider the nature of the land u�n which the uses
are to be located, the nature of the adjoining land and
buildings, the effect upon traffic into and from the
premises or on any adjoining roads, and all such other
factors as the City shall reasonably deem a requisite of
consideration in determining the effect of such use.
M.S.A. 462.3595
BITS ffi8'1,ORY
1964 - A permit was issu� to remove a house from the
Skywood Mall site.
�
�
�.
196� - A�*�++it was issued to ConstruCt a 240' x 404'
(96,960 s.f.) mall
1966 - Move temporary building fra�u Shakopee for a
mini-golf course (5275 1/2 Central)
1966 - City approved a car wash at this location
197i - A Piggly Wiggly foad store beqan its operationa
1972 - Caanplaint regardinq hillside maintenance
1973 - A sign variance was requested
1977 - Special Use Permit, SP �77-05, to allaw outaide
display of mobile homes, denied.
1981 - Special Use Permit. SP�81-03, to allow bumper
boats, den3ed
1983 - Resolution 86-1983, to undertake and finance a
comm�e�cial development pro j ect
1983 - Public Hearing for the issuance of Com�nercial
Development Revenue Bonds
1983 - Resolution 99-1983, preliminary approval of a
project under the municipal development act
1984 - �i.ldirig permit for the 187, 012 s. f motel
addition
1984 - Building permit for 10,000 s.f. of office
addition
1984 - Building permit issued for a restaurant in the
motel addition
1985 - Sprinkler system and roof reinforcement of the
old mall
1985 - Variances requested for signs
1988 - Foreclosure of property
1�91 - Plat approved. to split mall and hotel into
separate parcels.
8@IlrIIs1RY OF I8BIIE8:
CoRe 8eation 205.15.O1.C.3, states, nAgencies selling or
displaying recreational vehicles, boats and marine
equipment, machine,Yy, manufactured homes or other similar
enterprises having merchandise in the open and not within
an enalosed structure."
Menards has made an offer to purchase the Skywood Mall
from SDMTK Inc., Bloomington. The purchase is cor�tingent
on the City�s approval of a special use permit to allow
a screened storage area within the rear yard area of the
Skywood Mall. The Menards plan calls for a reconstruction
of the fenced area that currently exists on Menards
southern property line. The reconstruction would allow
a continuous storage yard that would extend from the
northernmost yard enclosure, north-east of Menards to the
North. Property line of the Relly Inn.
,---� Also as part of the plan, Menards intends to raze the
existing office building on the Skywood Mall property.
Menarc�s will also rework the interior spaces within the
mall. The reworked spaces will allow the retailers who
�ist in the mall to move forward (toward HWY 65j within
the building. It should be noted that this moving forward
should not be misc�onstrued ttlat the building will be
closer to Hwy 65, Rather, it means that the space withiri
the existirx� footprint will be remodeled to place all of
the existing retailers in a pstrip �o�allp fashion at the
front of the mall. Each retailer will then have direct
access to the outdoors.
WEST:
SOI7'I'H:
� FAST:
NORTH:
Comprehensive
planainq iasuesa
Publia Hearinq
Comments:
R1��ED
ACTIONSs
There will be no interior mall aspect to property
according to Menards remodelir� plans. To replace the
intexior mall space, Menards representatives have
indicatecl that they w311 remove the remaining interior
walls, create a stack� storaqe retail space.
ADJACENT SITES
Zoning: Hwy 65, and C-3, General Shopping Center
Zoning: An Amoco pipeline easement, and C-3, General
Shopping Center
Zoning: R-1, Single Family Residential (raised
elevation)
Zoning: Hwy 694, R-3, General Multiple Units
Consistant
To be taken
Staff recomanetids denial of 8P �96-07, due to findinqs
that the request will cause an increase in noise, light
& glare, unsightliness of materials from the public
rightrof�vay and adjacent properties, conflicts with
physically challenged individuals on the site, compromised
safety of individuals and materials, compromised enjayment
of surroundinq property, aesthetic decline associated with
outdoor, unscreened storage/display and the decreas� tax
base as a result of rea�oving office space and replacing
it mith outdoor storage.
4
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By Menards, Inc. .
965 53rd
5207 Central
5351 Central
LC�CATi O N MAP
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DESCRIPTION OF RSQDSST:
GarY Co1by, Menards, Inc. has requested consideration of a special use
permit to allow outside storage of unscreened materials on the property
located at 965 53rd Avenue N.E. The propoaed expansion onto the Skywood
Mall property has triggered the necessity of two special use permits.
This report will address the activity of having unscreened storage of
materials and equipment.
BONIl�RY OF I88IIE8:
Code 8eation Z05.15.O1.C.8, states, piTnscreened exterior storage of
materials and equipment", shall require a special use permit. The
analysis in this report will focus this particular Code Section. The
purpose of this special use permit is to allow consideration of the
unscreeneci, visible display and storage of items on the existinc� Menards
property.
The two special use ��;t requirements overlap. Both pertain to the
ability to establish outdoor storage areas of "merchandise" and
"materials and equipment". The contents of the reports may seem to be
repetitive, but there are some distinctions which will be made clear in
the body of the report.
RECOI�II�IENDED ACTIONS s
Staff recommends denial of .8P #96-06, due to findings that the request
will cause an increase in noise, light & glare, unsiqhtliness of
materials from the public right-of-way, conflicts with physically
challenqed individuals on the site, compromised safety of individuals and
materials, compromised enjoyment of surrounding pro�rty, and the
aesthetic decline associated with outdoor, unscreened storage/display.
1[ E 8 7� 8 D 8 8 II P
P R O J 8 C T D E T A I L 8
!� Petition Fors Gary Colby, Menards, Inc. has requested cflnsideration of
a special use permit to allow outside storage of
unscreetie.cl materials/display on the property located at
965 53rd Avenue N.E.
Location
o! Propertya
Legal Desaription
of Propertys
8izea
Topoqraphpa
Esistinq
vegetations
Esistinq
Zoninq/Plattinq:
Availabilitp
of Muniaipal
��IItilit3ea r
Vehicular
Accessi
pedestrian
Access:
8ite Planainq
=ssuess
965 53rd Avenue NE
Attached
9.46 acres
Generally level, with an incline at the east and
northeast property boundaries.
urban landscape on level portion, mixed native vegetation.
with very few trees on the sloped areas.
C-3, Generai Commercial, Auditor's Subdivision 94 with
metes and bounds exceptions.
Available
via 53rd Avenue NE and Cheri Lane
From parking to Menards entrance, no pedestrian links
euist from outside of the project area.
DEVELOP�IT SITE
The Special Use Permit Section of the Fridley City Code
has been included to provide the City with a reasonable
degree of d.iscretion in determining the suitability of
certain designated uses upon the qeneral welfare, public
health, and safety. In making this determination the City
may consider the nature of the land upon which the uses
are to be locatecl, the nature of the adjoining land and
buildings, the effect u�on traffic into and from the
premises or on any adjoining roads, and all such other
factors as the City shall reasonably deem a requisite of
consideration in determining the effect of such use.
M.S.A. 462.3595 �
�
Menard's began their operations at this location in 19740
At that time the zoning designation was C2-S, not C-3,
, General Shopping Center as it is today.
The C2-S language that material and equipment storage of
�, all raw materials, supPlies, finished or semi-finished
products arid equipment, not including motor vehicles,
shall be stor�i within an enclosed building or shall be
� scresned on all sides fraan public view by a fence or
other approved screen whicl� extends 2 feet above the
highest 3tem to be stored."
�"'�
Menards has made an offer to purchase the Skywood Mall
from SD�iTK Inc. , Bloamirigton. The purchase is continqent
on the City�s approval of a special use permit to allow
outdoor storage within a screeneci storaqe area at the
rear of their building. If approved, the rear yard of
the existing Menards facility will be modified. That
modification will triqger the special use perrmit
requirement on this property.
�� � ��
WEST: Zoning: Hwy 65, and C-3, General Shopping Center
SOiTTH:
:
NORTH:
compreheasive
Planninq Issueas
Publia He�rinq
Comments:
i"1
Zoning: An Amoco pipeline easement, and C-3, General
Shopping Center
Zoning: R-1, Single Family Residential jraised
elevation)
Zoning: Hwy 694, R-3, General Muitiple Units
Consistant
To be taken
Staff's research of Menards site history revealed photos
of a very clean, unclutter�l walkway in front of the
store. In March of 1988, a request was made for a
sPecial use permit to allow a garden center in front of
the Menards store. The special use permit was denied.
The storage/display in front of the Menards store appears
to have evolved over time, without formal approval.
The pBig Box" retail operations including Target, Walmart,
Sam's, and Home Depot, have all expressed an interest in
outdoor display. In these cases the City has declin�.
As an alternative, the City has allowed alternatives such
as garden centers which are integrated into the
building�.s design and are designed to be architecturally
3
compatible. A clean front walk has been the preferred
�1 alternative.
RECA�II�NDED AGR'IONB:
Staff reco�mmnends denial of SP �96-06 due to the potential
of limiting access to physically challenged individuals,
a potential for compromised safety of individuals and the
materials stored/displayed, and the potential of aesthetic
decline caused by the outside displays._ The petitioner
does have the alternative of integrating the sales items
into there operation in a manner that is consistent with
the other retailers.
G�
�` a
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By Menards, Inc.
965 53rd
5207 Central
5351 Central
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March 4, 1996
Mr. Scott Hickok
City of Fridley
6431 University Avenue N. E.
Fridley, MN 55432
RE: Menards Store, Fridley, MN
Dear 1V1r. H'ickok:
Enclosed please find the Special Use Permit Application for the e�risting Menards
store in Fridley, MN. I am also enclosing a check in the amount of $400.00, four full size
copies of the plan and one reduced copy. The application does not ha,ve the property
owners signature, but I'm in the process of obtaining it and will forward it on to you as
soon as I can.
If you have any questions, please give me a call at (715) 876-2391.
Thank you for your consideration.
S' cerely,
Gary Colby
Senior Project Manager
Menard, Inc.
GC/sw
cc: Marv Prochaska
Enclosures
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4m ��� �U CLA�E, WI 54703'9625 1E1-EPHONE pt� 876�5,911 FAX#: 715-876-5901
�
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TI� Y.eagae of Minn�ota Cities p�ovad� this pnblic�tia�t �s �
gene� �i�farmational mema. Yt is mot intended to provi�e lega� advice
aud shonld nat be nsed as a sabslitute for oompetent iegal guidance.
xteaders should cansalt wi�tbi an �ttorne�► for advice concerning speci8c
sib�attions.
O��j�j6 �ea�ue o� Minnesvta. Cxties Researci� Faumcc�.a.a.txa�
A� �nig�ts reservec�.
^ Priufet�. in tiie I.T�:maitea. �fa.tes o� �me�ai.Ca
�
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L,�a�u� o� Minn.e�ota Cities
145 uxx.ivexsi�r Avenue West
�"t. �'au.I, �S.N' S51Q3-20��
(612j 28X-X200
(BOa}�92s-iz22
�a� (612) 281-3299
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INT'�tCJ►��JC��C�N
N'oise, defined sim�l� as uma�autetl soumd. is an
unvc+anted by pradu�t af human actir►ity tlaat iunvari,ably
affects t8e lives of all citixens. At the srate leve�,
environmental noise (noise occurring in the outrloar
atmosphere) is reguiated by ti�e Minneseta Pollation
Control Agency (MPCA). The MPCA regulates
entvira�e�al naise by e�'orcing a serites of �to�se
staudazds that lin�it the �eve� amd amourn of rime that
noise may occux on a spec�'ic laud use. Although the
MPGA enforces the sl;audards statewide, noise is so
pervasive that the MFCA relies on commimides ta
�rovide an additional measnre of noise regulation by
adoptiag and enforcing la�l� noise ordinances. In
additian to benefiting noise control efforts fay rhe
MPCA, local �aaiise ordinances enable community
officials to regulate noise 3n a timely aad discxetiana�y
manner, as weIl as praviding the o��or�unity to
address nois� issues that may be nnic�ue, or of s�ial
comce,rn �o ihe xe,sidenrs of a r.or�onunity. To tbds e�.,
tke 11�P�A, az�d the %ague of Miw�esota Ci�ties b�ave
coog�rated in the prepatation of two mad�l ord'mances
designed to assisL commw�ity officiaLs in the
derrelopment and adaption of their o� lacal
ordi�nap.ces. Both have been � after the highlY
sucxess�ui maise ox�r,es used by t�e ci�ies af
al000z�niu�gto�n and St. Y.ouis Pazk.
Each model moise oxdivaamce is desitg�aed to ass�isi
city vfficials iu� t�e x�ga�at�on of �ao�ise co�abrvl in their
eommunity. There is a long form and a short form of
the ordinanca. The long form is a receiver ba.sed
standard that descn'bes tlne Iimit�ng Ieve�s of sound
required to presdrve public he�lrh and welfare. Th�
short form of tb;e ord�e�adc�resses the regu�at�o� af
activit�es that �aave the potential to initiate naise
complai�s.
A local govez?aiu�g w�it can �t7t sex srandards
describing the maximum levels of sound pressure
which are more stringent than thase set by the
po�ucidn control agency with respecx to emtlromaental
noise monitored at the loc�aan o� tbe receiver. A
iocal governing body can adopt more restrictive noise
level limits than the polltrtion con�ol agenc3► to
re�ulate the emission of noise from specific sourc�s.
� � �z . i r r�^� -..r
Motor vehicle noise lirwits aze source standards
relative to each ve�iGle� defined in Minn. Rul�s
7Q30.1000 through �030.1060. �e Iocal law
e�'orce�ent agency is responsble for the eu£orcexncn#
o�'t�e standards aad can requ� tech�ical assista�ce
�CO� the MPCA noise program for nr,ise monitori�g
equipment and training.
The �mesota Depa�ae�t of I�Tahual Resources is
res�onsible far the emforc�memt af motorboat noi�e
zegulabio�s as de�ned in NI'mu. Sta� 86B.321, as we�t
as rhe smowimob�e noise regulations in Mu�, St�t,
84.87�., and Miuo�n. Rules 6100.S7a0, sulopart 5_
These regulations a�e souzce standards that limit rhe
noise levels emitxed by the in�c�Zvidual matorboat or
snowmobile.
Car�fal inspet�om af ttc� model nois� ordinanca
should be made before its adoption. Duplica�on
could occur betareen an existing ordinance and one of
the sub�azts ai the model noise ordina�ce. Xf a spe�xal,
condivan exists wb�exe a city� abr�ady has a suitable
o�tli�ace �stablished, it should b� incorporated inta
the �odel moxse o�di�mamce. This ordinance can be
z�umbered to faci�llrtrtate its incorporation wit� other
ciityy az�dia�ainces.
�e N�'CA has a limited number of sound Ievel
�oo�ete�s ava�able �or �xty o�'iicia�s to borrow so that
noiss levels of suspected vivlations af the noise
ordinance can be monitored. MP"CA noise �Srogram
staff is available to train an investigator in the propez
aperation of the spund level me�er. .
�or furrher assista�ce un t�e development of �ocal
noise co�trol programs, the M�'GA. �ao�se zuXe, or any
aspect af e,nviro�ernal nvise mozutorimg, Atease �
co�ct the �gue o� Minnesota Cities or:
Brian T�terson
Minnesota Follution Control Agency
Air Quality Divisian
520 Lafayeb�e Road
Saint Paul, Minnesota 55155-3898
Teiephone (612) 296-7898
n�rrr,-, t;TAlYRb(1TTTlT ,n ���Lnn -�..�^•r rrn� •�� •��,
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MOTIEL O�,tAINANCES
I. iang-Fo� Noise Cantro� Ordinance
(Includes prov�isions for m�asurement of noise by aconstical iunstrumentation)
AN ORD�NANGE RELA'i'iNG TO NpZSE, PROV.i�DING FpR TI� ELTMIl�TATTON AND
PREVEN1iON' OF PROI��`Ep NOISE, ANb I1V�OSING PENALTYES �QR VIOLATTON
The City Council of _ Urdait�s:
Comrtzerat.• Tlias is the etlacting cluuse psescribed if: stQtutnry cities A home rule ciiy shauld adapt it
to confor•m tv require�mee�ets of its charter.
�S�CTT N 1. �e�itlitiails. S►abdivision �,
General. Waxds and phrases deSned in tbis
section have, w�;er� used in this ordinance; the
m�gs giveiq balow. �4ny other word or phrase
us� in this ordinanGe, and defined in. regulations
Qf the 1Vi"wnesota, Pollu�ian Cont�o� A.gency Noise
Pollution Control Rules Cbaptex 7030, has the
meaning given in thvse regulations.
Subd. 2. ,p1ix c�'uroql�tian device means a
tnech� desigioed. aa�d used for the controlled
0
flow of a� usecl iu� ventilatian, cooling, or
condii�aning, including, but not limited to, cenlra�
an►d w��►dow 2�iz conditioning uaits.
Subd. 3. Y.ld means tl�e sound 1e�'el, ea-pressed
the time for a one-hour period, as measured by a
sowad lerrel meter having chazacteristics a$
sp�cified in the latest standards, S 1.4, of ti�e
A,merican National St�dards Institute and using
test procedures a,�prov�d b� the (potice
�lepa�'rinent, buildang inspector, or� other sp�ecifred
officer or agency].
Camment:' T7zis will adopt th� latest .�N,SI
�tarndtcrds in �,�'fect at the time of adopa�vn
of the ordinance. If lat�r modifacatiofzs by
ANSI are desired they will need to be
udopted by a»tendmen.� to thi,� ordanance.
Sa�d. 4. L50 means the sou�ad le�vel,
express�d im decibels {di3A) which is exceeded. 50
percent of the time for a a�e-hour periad, as
mteaswred by a sound level rneter having
characteristics as specifieci in the latest stand�rds,
� i�n decibels (dBA) wluch is exce�ded 10 percent o�' S 1.4, of the American National Standards Institute
2
r�ir, •T irrn '.'1AT . . TTTr L'illf"J1�TATT1+! �T? ?'iA:r�-r -a;r-•t �rn� �t? •;?�,;
�"`�
�''�
and using test �rocedures a�roved by the {police
depa,�tme�, buildir�g ifrspect`ar, or other specif:ed'
a,,�f'icer- or agertcyj.
Subd. 5. Person m�s an. individ�, �,
Partrier5hip, corporation, tivst�e, assaciation, tb�e
sr.�te a�d xts age�c�ies aad subd.ivisions, or any
body af persons whether in.corporated ar no�. With
respect to acts prohibited or required herei�p,
"person" shall inelud'e employees and Iic�,sees,
Comment.� �Izis section largely relies on
d�firaidions fautzd in state naise control
regulatio�r supplerre�ented. by ordinance
de, firaitio�s of tlaree terms The terms
••.L.�O" and ".LSO" a�s u,sed an Section 4,
whicla sets �eceiving land use naise
standards, need de, fitaatiora if Section 4 is to
be understood even in a general way by
persoirs �'ected 8y the ordinance. 5ome
ardinances COPTtQlii numerous other
c�efinitians.
TeYtreinvlogy used throughoui the
ordanance slzauld canform ta definitdons
included in this sectio�. De,��aitions need
not be inctuded for terms given iheir
dictio�y meaning orso easily r�nderstood
thai ordinance de�"inition i� s�uperfluous:
Section 2. Noises Prohibited.
Sa�division 1. General �rohibiiian. No �erson
shall make or cause to be made any distinctiy and
distwrbs, injures, or endangers the comfort, repose,
health, �eaee, safety, or welfa�re o� any persons or
precludes their enjoyme�t of praperiy or sff�cts
�' P�DP�Y's ��. �s ge�eral prohibition is
not limited by the s�ific rest�icti�o�as of the
following sui�divisio�ns.
Subd. 2. Motor vehicle,c. Na person shall
operate a motor ve�icle in the city in �io�a�ion og
the motor vehiole noise limits vf the �esot�
Pollutian CQ�aixol Agency.
Comtnent: Even in the cYbsence of �his
provisio� it is unla�wfut ro operate a mvt�r
vehiele in violation of the regutation,r.
141'tnn. Stat. 189.693. .7�te provisipn �s
included only to uxform the pubdic �'hat
there are noi�se regulaiiar�s of thxs lyae
applicarble wiihi�i the city as well as tlzose
of other kindr set out in the ordinar�ce �Q
city adopting thi�s pYOVisian may wisl� to
provade a copy vf the regulatiorrs ir� the cit}�
clerk's o�ce_fo� refere�ace, but' tliis is not
legrrdl� necessar�y. Since the term "rnotar
vehicle" i� defined in �� ,Rures
703Q IOpp which includes tl� substance of
Subd Z, it rs not necessary to define the
term in the prdinance.
Snbd. 3. �orns, audibie signaling derrri,r,r.es,
etc. No peison shall sound any signaling device
on any vehicle except as a, warning of danger, as
loudly audible noise that unreasonably annoys, � �1�� bY Nlinn- S�►t- 169.68.
�
3
Comment: In order to further resirict the use of
certain o�these devrces, "danger" can be
� more fudly de, fine� formal permits far the
use of these devices can be required, ar
operational curfews can be established by
the ci�y. Frirthermore, the city may x�sl� to
extend thisptovision to statioruuysources
which would fnclude noon whistle� church
bells, etc.
,�
n
S�tbd. 4. Fxhaast. No person shall discb�arge
#he ex�a.ust, or penmit the discharge of the exhaust
Of ffil� Si@AiIl �II�IIIe, 5'��B,hO�aiji l�t��
combustion �ngine, motor boat, motar ve�icl�, or
snowmabile except ti�ugh a xnufAe�r or ather
device that effecti.vely prevents loud or explosive
noises therefrom and complies with all appli�able
state laws �d regtilations
Comment: Mvtar vehicle mu�j`lers , are
prescrab�d by M'mn. Stat. 169.69. Water
cra}� muj�'Ier�s ar�e presc,zbed by Alr�. Stat.
868:321. Snowmobide m�i'ets are �
required w:der �isn. Start. ti4.871 and
Minr� Rules 61 Qp, S70Q subpart 5. I, f
snawmob�le apercYtion within the city i�
prohibited, the eity may wish to omit the
re,f'erenc� to snowmobile.s in this
subdivision.
Subd. 5. Defective velucles ar Ioads. Na
persan s�ail use any vehicle sa out af repair or so
loaded as ta create �oud and unn�cessary grating,
grindiu�g, �tt�i.ng, or o�li�r noise.
�
Subd. 6. Loading, unioadiung, anpacking.
No person shall create loud and e�cessive naise in,
loading, u�oading, or unpacking at�y vehicle.
Snbd. 7. Radios, phonographs, �aging
system, etc. No person shall usE or oper�tz or
permit the use or operation of any radio receivi�tg
set, musicai instn�men� phonograph, paging
system, machine, qr ot�►er device for #�
pr�ndipn:� x�eproduction of souad in. a dxs�tiunatiy
and Ioudly audfble ma�er as to unreasonably
disturb th� p�ce, quiet, and cobofart of aary �erson
nearby. Qperdtion af any such set, ins�ument,
phonograph, machine, or other devic� h�tween thc
houts o� 10:00 p.m. and 7.00 am. in such a
manner as to be plainly audi`ble at the p�operty Iin�
af the s�ucture vr building in which it i.s lacated, in
the hallway or aparir�emt adjaeent, or at a disEanee
of 50 feet i� the saurce is lacated au#side a
stiv�cture ar building sFiall be prima facie evidence
of a violati,an af tb�is section
Subd. $. Participation in naisy parties or
gat�terings. No person shall participate in an�y
party or other gathering of people giving rise to
m
�
. �
.�.
,�
noise, unreasona,bly disturbiuxg the peace; quiet, or
repose of another person, VVhen a police officer
det�nnines tb�at a gathering is ereazing suc� a noise
disturbance, the officer may order all persans
preseat, other t�ian the owner ar tenant of the
premises where the disturbance is aCCUrring, to
dispexse immediately. No person shall refuse to
leave af�er being oxdered by a�olice offcer to do
sa. Every owner or t�enarit of such premises who
has knowletlge of the dishn�ance sktall make every
reasonable effort to see tb�t the disturbance is
stoppaci.
Sabd. 9. ioudspeakers, amplifiers for
advextaisiwtg, etc. No person shall opexate or
permit the use or opexatxon af any loudspeaker,
sound ampli.fier, ar othex de�ice for the pr�uction
or reproductian o� sotu�d on a street or other public
place for the �urpose of co�umtexci�t advertising or
attra.c�ing the attention of the publi�c to 2�ny
comuaercital establishment or vehicle.
Comment: Some cities may wish to allaw such
devices r�rnder city permmit ,�f tlnx approach
is usec� provisions for a perrrtat should be
substiluted and standards for use af the .-
5%
; ^ device utader permit includ,ed
E�
Su6d.1Q. .�q,imals. No person shall keep ar�y
animal that unreasanabiy distur'bs the comfort ar
re�pose of persons in th.e viciun�ity by its &�us�t ar
continued noise. For putposes of tbuis s�tion,
"dishyrbs th� comfort or repase of persons in the
vicinity by its frequent or continued naise" means
any one of the following:
A. The �imal noise occurs at a. tiime betwe�n
10:00 p.m. .and 7:oa aaaa. and can be heard fraz�t a
loe�on auxside the bvilding �d premises where
t6te animai is being kept, and the a�nimal has made
such nois�.s intermittent.11y for more than three (3)
minutes with one minute or less i�pse of time
bdween each animal �toise d�trin� the three �ninute
period: or
�. The animal noise can be �e�xd from a one
black distanee from the Ioc�ian of the building
and pxe�onises where the animal is bei�g kept, and
thE animal. has �ade stLCh naises intermitte��y for
more than thtee (3) minutes with one rnix�ute or
less lapse d£ lame between each aniu�al n�ise
dnring tlxe tlaree minute period; or
�
�
n
C. The animal noise can be heard i'rorn a
�acation autside the buildimg and premise� where
t�te amimai is being kept, a�d the animal has made
such noises i�te�nittently for a period of at least
five (5) minutes wItih o�e minute or less lapse of
time between eacb� animal noise durin�g the five
min�tte period.
Sabd. �X, Schools, chnrehes, �►ospitals, etc.
No person shall creafe. auy exc,essive npise on a
s�eet, alley, ax public grounds sdjac�ut to an.y
schaol, unstitution of learning, chutoh, ar hospital
wb.en the noise unreasonably inteitferes r�vith the
warking oi the i,�stitution or disturbs or u�duly
an�to�s its occupants or reside�ads and wheu
co�aspicuaus si�ns indicate the pxesence of such
inst�tution.
Gamrnent.• The list of irastitutiorrs may be
czltesed to mee� local needs. Some
ordi�ces, , for example, ardd ca�rts,
nursfng homes, and homes for the elderrly
ta the list. Seciion 2 is intended to pral�ibit
Vat�tOt�S �iOisE nrdsances not cpntY011Bd Or
ru>t eaa�s'iXy �oritrolled through S`ection 4,
sound level stcmdards, or thrrt muy b�
car�trolled easier in thi,s fashian. It
includes noise nui�sances cpmmonly
proscribed by ardirrances Otheps may be
adc%d to tr�ke crccount of local ttuisance
situations .4mong other noise nuisances
sdmetimes fou�rd in noise contf-ol
(�'/ in � i M1l+f. •....
6
ordinances ca�e (1) noise ,pollution ft-om
buildijzg, r-eFairiszg, or tBSlliZ� motor
vehicles or other inY'ernal comliuStion
engines; (2) use of 'model velziclles or model
crirplanes during cettain hours or in
certui�e ptaces; {3j use af explosives,
firearms (see ��n. SYat_ ,�,i6.07, Subd
2a), or similarr de��ices causing a noise
dis�urbance beyond ,�operty lines
(sometimes permitted under certain
conditions with a specicrl var�iancej; (4)
rsrmuf Ted op�rcrtion of blower or power
fa�s; (S) noise from idlirag diesel e�agines.
Snme provrsions either included or omi�ted
in the moded sedion may a�eady crppea� in
city ordinances deal�ng wit�h �sunces,
arrd some directed al� raoise by people (�.g.,
loud perriies� niay be #reated in o�dina�cces
on disorderly corzduct� or breaches of the
peace.
ectian 3. �aurly Restr�ct�on on
Certain Qpex'anol�.R. Sab�i�sron 1.
Recreatiaual vehicles. No pexson shall, between
the hours o�' 10:40 p.m and 7:00 a.�., drive or
operate a�y minibike, snawmobi�e, or ather
recreatianal �re,lu"cle aot lic,�ns�d �ox txavel on
public highways.
Comnient: If otl�r ordi�iartces regttlate ot
prolubit the z�se of snowmobiles or arhes
nonhighwc�y recreationat vehicles �withir�
the ciZ�y, tlus provision should be mod�ed
acenrdingly. ,tt xhauld be noted that �nn.
Staf. 84.87 regulates the oper�cr�ion v,f
snowrnobiles relative to the ordinances of
a municipaZity.
.... . . . .. ,. . � ,. -, �.. ..,. . .. _ -. ......., -,- , n ^i n r. ♦ . . . �, . _
�
Sabd. 2. Domestic por�ver eqaipmeat. No
persom s�all operate a power lawm mo�vver, power
hedge cliPi3er, chain saw, mulcher, gazden tiller,
edger, drill, or othear stiva�lar domestic powe�
�� maint�nance equipme�t except between the houzs
of 7:00 am. ar�d 10:Q0 p.m. an any weakday or
laetv�reez� the hours of 9:00 a.m. and 9:00 p.m. an
any weelcend ox holiday. Snow reu�ovai
ec�uipment is exempt fi'om this provision
Sabd. 3. Xtefuse hauling. No psrsom sha11
collect ar remove gazbage or re�use in any
residential distx�ct except betw�n the houxs df
� 7:Q0 a.m. and 10:00 p.m. a� any weekday or
� betwe�n the hours of 9:00 am. and 9:OQ p.m, on
�
a�t� weekend or holiday.
Subd. 4. Constructiun aetivi��ies. No person
shal� engage iva ar pem�rt constr�ction activities
involving ths use of any kind of e�ectric, diesel ar
gas-poLuered machine oz other powez equipment
except between the houis of 7:(10 a,m. and 10:00
P-m- Q� �Y ���Y �' ��'een the hours of 9:�0
a.m, and 9:00 p.m. on say wee�Cend or holiday,
ec ' 4 Rece�iv'itig I�and Use
Standard8. Subdivision 1. 1V��acimum noise
leve]� by receiviwtg laztd use districts. N'o persvn
shall operat� or cause ar pemut to 1� opeira�ed 2�ny
so� of noitse a,n such a manner as ta create a
naise level exceeding t�e limit set in Tab.le I�'or
ihe recei'ving land use catcgozy specified when
measured at a pouat af normal human aetivity of
the receiving �at�d use.
Table L�aou�utd levels 6y Rec�ivmg Laad �se �.listritts
�aY - Night
(7:U0 a.m. -10:Q0 p.m.) {lO:QU p.m - 'i:QQ at�,)
Land Use Districts L10 L50 L'10 L50
Residential
Commercial
Industrial
f 7./f11 '� l,G�'(1 '�1P1
GS 60
70 65
80.. 75
�
55
7U
SO
50
65
7S
5�1.1T�� d.i.f���PdN1?M di� �fi=�'� i ;�;,�4%:fi fii!17 '!? '�'�d
Comtnent.• Z'hese stat8 standards dealing wrth
sound levels at the poirtt of rece,ption
�"� establi,sh a set of critertac which cities can
utilize, vr change to reflect rheir� owre
community values The vrdinance section
above imposes rer�uiremeszt,s at or within
the pt-operty line a, f the receivircg lmTd use
unit cutegor�zed by zo�ing use districis. It
seems desirable to use the mcr}or d�str%ts
established in the city's zoning ordin�rce
a,x the drst�icts referred to in this section
crlthough state Zaw ac�lually applies to rhe
receiving lutrd vse unit accurding ta its
current use. As ir� the starte stutzdards, the
t�ble used in the ordinance prescribes a
somewhat more restrictive LSO �;�Zrd
thart LIO staradard In.eQCh �ategory of
uses tlte L30 standard is S aI�A le,ss tha�z
the LI Q ata�dr�rd
�,
n.
If a city amits this section because it
does not wi,sh to involve itsedf in sound
level measurement {though thix section
may be easier to er�'orce thatt orditurnGe
st'andat�c�is that �eave more roorr� for
lnterpreiatian in their application), it
should also omii ar a�dapt ather portions of
tlte o�dinance Yelcr�ed tv this section o�
receiving land �se sta�adards. Such cities .
mayprefer pat�erning their ordinance crf�er
the short forrn o�di�ance, wlaich omits
technica.l standaYds
Subd. 2. Egemptions. 'The levels pzescrtrlbed
in Su�idivision 1 do not apply to noise origi�q�ai�g
on public slre�ts and alleys but such nrnise sba11 be
subject to other applicable s�tians a�' this
ordi�at�ce,
/"7 iT t ♦ i Pi��i ��r
ection 5. Air Circulatio�a De�'ices. No
person shall permanently insta�l or place any a�ir
circulation dev�ice, except a vvi�dou� air
condit�o�g wut, in aay outdoor locslion unti]. ti�e
(police deparhnent, building itu�ector, or other
specified o,�cer or agency� determines thax the
device in tJsai loc�tion will comply wi,t� the noise
level staud$rds pre.scribed itn Section 4 and issues
a pe;t�it far the installation '�e noise produced
by any window unit aud b� any exisiing air
circulation device shall be attenuaxed by mea�s
deemed �ppropriate by the [police depur�tfnent,
building inspeciot-, pr Ot��' Sp�Cl�f18d Of�lC2�" Ol'
ctgerzcy], iacluding, but not linuited to, relocation of
such device, if the noise re�uul�s 'va ax co�n'butes to .
a violalion of Section 4.
Section 6. Eacceptiv�u �ar Emerge�cy
WoTk. Noise cre�ated exclusively in the
perfoimance o£ e�ergency work to preserve tk�e
public healtb�, sa,fety, or welfare, or iza the
performan.ce of emexgency �uvork necessary to
restore a public service or eliminate a public
hazard shall $e exempt from the provisio�s o£ttus
8
.� ., . . , . . . J , ,�. h ., . . .. . �. .. . . . .. - �. . � ^ . r. .-� T �� . , -, • � ,
�
m
�,
�,
ardinance �ox a�eri�d not to Exceed 24 hawrs after
th� work is commenced. Persa�s responsible for
such work shall in.for�a, the (police de,�artment,
buildi�tg inspector, or other speci,Ted o, Jicer or
crgency] of the need to initiate suc� vvork or, if the
work is com�aaenced du,ring nonbusiness hours of
the city, at the b�gu�ning o£ business hours of the
flzst business day thereafter. A.ny person
responsible for sueh em�rgen.cy work shall talce all
re�eSOnable actions to minimi'P (� �oUIIt of noise
ection 7. Fowex a�td Duties of (police
departmen� building ins,pector, or othe� spec�ed
o,�cer or agency]. Subdx�ision � 1,
Administering o�cer. The noise cwntrol program
estabiished by this ordinance sk�ll be �+�ninistered
by tb�e �pc�lice department, building iraspe�tor, or
other specifted affi'ceP or cagency], who sha11 be
appai�ted. b� the (council or other appoiu�l�g
a�rthority).
Cor�ment: In most cities the �oise cvnt�al
duties are assig�zed ta un existing of�'icer ar
depm�tment. In that case the language
should be altered by subsfitut�ng the rzame
of the a, fJicial or department and omitting �
the clause ahout the appointn:ent_ Ir�xtead
�'
of substituting the n�me of that o, f, j�cial or
deprrrtment tha�oughout the ordinance, the
suhdivision may be mod�ed to re�.; "The
noise control program established by this
ordirrance shail be adsr�inistered by the
noise corltrol o, f, j�ce�: UntiX otherwise
provided by ordinance, the fpotice
department, build�ng i�spector, or other
spec�ed p�"rcer or agencyJ sha71 serve crs
the noise cos�trpl offtcer "
If the council provides for a sep�crte
position of rtoise cos�ol o,�ficer, the
appoi�iing cruthority referred to in this
subdivision is the general arPlpoi,�ting
authority established by law or chrr�ter�, such
as the mmzager in a carincil - nuu�age� �ily,
the mayor in a strong mayor - cot�ncil �ity,
or th+e council in n�ost statutory arld some
charter cities If a new position is
established and rhe cit}� has a for�nal tner�
systen� un addition�l provision placit2g ihe
poxition in the class�ed xeruice �nay be
required if new pOSlti0i4S are rzot
autom¢tically in tlzat class in the abserzce pf
approprirrte action fo be contraty.
Sabd. 2. Testing procedureso The (police
deparTm�n� building irtspector, or other spec�ed
officer or agency] shall adopt guid�lines
establishing the test procedures and
instrumenta�ion to be used in en�orcing the
pravision�s of Section 4 imposirig noise standards.
A copy o� such guidelines shall be �.ept an fiIe in
the office of the jpolice de�artmes�t, buzlding
an,�pector, or other spec�ed v, fJicer os agency] ax
c� �� 1 �1 t �cn �,�nr ��T T T� NT(1C�ATATT?C .rr 7��n?r�� �r� r 7� C F i �i7 �� �'�a.r
[address] a.nd shall be avai�able to tiie public fox
� reference duri.ng office haurs.
Subd. 3. Studie,�, etc. The (police
department, building inspector, ot� other spec�ed
o�`'icer or argency] shall conduct such xesearch,
monitoriz►g, and othe�r studies related to sound as
aze necessazy or useful in en.foxci�ng this ordi.nance
and reducing nt►ise iva� t3�e city. He or she sl�all
.make such investiga�ions and inspections in
accoxda�ce with la�vv $s required iu� aPPIY�g
ordin�nce requuements.
5ubd. 4. �1Toi�e imapact� statements. 'Z'b�e
i'"1
jpolice de,laartmen� building i�cpector, or other
i `�
spec�ed officer or agesacy] may xequire any
person a�pplying to the city for a cha�ge in zoning
classifca�ion ar a�rmit or licex�sa far any
structuxe, ape�a�ian, pracess, installation, ox
altEration, or project tb�at m�.�' be consider� a
potential. no� sowce to submit a aoise impact
statement az� a�o�,00� pr�ribed by the officer. He
or she shall evaluai� each stt�ch statement and maice
appropriate recommeadations to the couucil or
]0
other agezlc�r or officer authorized to take the
actio� or approve the license or permit applied for.
Subd. 5. Otlie�r powers and dut�es. 'The
[�wl�Ge de�tment, buitding anspector, o� other
specif�ed o,�'icer or aSency] shall exercise such
other powe�cs and perform suc� ather duties as �re
reasanable and n�s�y' to enforc� t�i,s ordinance.
e' 8. Varial�ces. Snbdivisito�t 1.
A,uthority. The jpolice depart�nent, buidding
itxspector, or other specifced o,�cer or agency]
shall h�.ve autliority, consistent with this �cta.on, to
grant variances from the requirem.ezxts of any
section of this ordiw.axtce,
St�b►d. 2. Applicatioa A�y persan seelang a
va�az�c.e shall fi�e an applic�tio� with the �police
dep�tent, buiddir�g i�tspector, ar other specifr�d
officer or agenCy] on a form prescribed �ry the
offcer. The app�ic�tion shall state the dates during
which the variauce �'ts praposed, the location o� t�te
noise source at�d tiumes of o�eration, the nat�wte of
the noise sowrce, reasons why tbe variaxxce is
Soug�t, Step5 taken ta minimi�e t� ridlse levei,
and such other 3information as is required by �kie
r- � . �. ,r,^n ���, ��,>,, _ ,.,-..e,-,,, —�r,.,,-r-� -�=,n^•r rTn-, �,� •.��,
(police �leluartment, bzrilding inspector, or ot.her
application. It may b� approved only if the officer
�'`�� s�ec�ed o,�cer or agency]. If the a�plication is finds that full compliance wit�t tbe requiremen�ts of
�
/"�
for a variance for uiore tha�a three days, the (podice
departtnent, building ixspector, or other specif ied
o�cer or agency] shall �ive raailed notice of the
requested vaxi�ance to all property o�rners within
540 feet of the noise sour�e, Any person claimi�z�g
` to be adv�rsely affected by the variance applied for
map, within 2fl days o�mtiling of the notice, �ile
a statement with the (police department, building
inspector, or other specifzed o, fficer or agency] iva
support af his or her claim.
$ubd. �. A,Gtion on applicatioa Tf the rpolice
depca�tnzent`, building inspector, or other spec�d
o,�f'icer or age�cY] fmds that suffiicient contxovexs�
eaists regazding the p�aposed variance, he or sb�e
may hold a public hearing vz� tk�e proposal at which
�lI persons affected shall be gxven an opporhmity �
to be heard He ar she shall also hold such a
hearinRg u�on request of the app�cant or any �rson
claiming to be adv�rsely affected by the variance
applied for. Witl� 30 days of receipt o� tt�e
application, the officer sha� apprave ar deny the
11
the ordiup:ance would constxtute an unreasonable
hazdshi� on the applicant, on other persons, or on
the cammimity. Iu det�mining wb�ether to grant o�t'
deny the a�plication, the offic�r shal� b�lance the
hardship to the applicant aga,inst thE ad�ve�se
imparx on tlxe he�lth, safet�, amd welf'are of the
�ersons affected, the �dverse impact on pro�erty
affe,ct�;d, and a�y other adv�rse effects of granting
the variance. '�e v�riance may be g�autetl subject
to conditions, including a ti,�e Iimit, wluch shail
be clearly state�d.
Comment_ h�ost cornprehetasive orditzatzces
contain provisio�s for varying ihe sound
soa�ce requarements of the ardina�zc� to
preve�t tazdue hardship. T��is special
r�''ispens'�rtion from the requ.�rem.�nts is
granted va�iously by proceduu� es far
exc�ptions, va�iancex, or te�nporary (o�
soinetimes,�erma�tent) permits
Sonielimes sucl� speci�tl dreatmeni is
li�nated to the p�ovi,sion of special time
limits for bringing exasdang naise sou�ces
intu campliance wl:cn the ardinance,�st
goes into effect, arzd sotn¢titrtes it as
confined to s�ecified ardir�ance
restrit�ions The fnadel follows a prac�ice
similar to that used in zonir�g ordinances
fOT VQl'iQriCES: PrOViSiOYls I72 tj28 ZaCal
zoning ordinances majv provade a patte�n
that the council may wish to follow instear�
tying it in to the noise cvntsol ordinance ta
the extent it is, fouv�d feasible. If tl�re is
� some o, f�'tcer other than the f, pvlice
department, building inspector, or other
spec�d o,�``icer or agencyj, who might
better,�erform the taskofadministeringthe
varianee ,provisions, such as the city
m�ncager, administr�atOr, em�ironmen#arl
cotnmissior� platYning commissios�� or a
speciQl ad ho� boprc� such an o, fj�'icer or
boc�rd may be srsbstituted in this section
�
�,
Snbd. 4. A,ppeals. Either the applicant or any
pazty aggrieved may, wlithin 24 days of the
decision on.the variance application, ap�a1 to t�e
city council for a xeview of the decisi.o�. The
ap�eal s�haii be filed in writing with the city clez�k.
'�e appeal shall be heazd as sao� as practicable
and witlai.a 20 da.ps t+f the fiiing of the appeai, and
the applicant a�d an,� person who has �ed a
stat�ment on the applic�tidn for a variance with �ie
�police deparrmenc, buitding inspectvr, or orher
spec�ed ofj`'icer or agency] sh�ll be given at least
10 days mailed notice of tlae lrme when and place
r�rhere the appeal wiil be conside�red b� the council.
The cauncil may affrm, n4od�£y', or overrule the
action a� the (police department, building
inspector, or other s�ecified a,�cer ar cagency] oz�
the basis of the criteria set out in Subdivision 3.
Comment_ Ordinai:ces ihat incl:rde,�rovision,.�
, f'or takiszg care of hardship �uses usually
provide for appeads fram admit�xxtrative
rulings on the appdicr�tion, for an exception
, from ordinance requirement's. Typically
this ap,�neal is to the city council, but some
Cllt$S pPOV11�2 fOP Q'�BQj.S t0 Q�tl�'�T
administrc�ive o�`'icer or agency eit.h�r
before or in lieu of appeal to the cpu�tcil.
SECti°n 9_ Enfarcemeat. Subdaivision i.
Notice of certair� v�iolations. �hen the [police
depc�rtmen� building ins�aecior, o� other spec�ed
a,�'icer or agency] deter�uu�es t�at a naise exc�eds
the maadmum sound leti�el �ermitted undex Section
4, he or she shall give written notice o£ the
violation to the o�er or occu�ant oi th� premases
wl�ere the naise originates ar�d order such person fio
�orrect rnr remove �ach speci�'i.eci violation withirx
such reasanable time as is parescrib�. in the notice.
The �a't�ure to remove or correct at�y such violation
within the tixne so prescribed constiittuteG a
violation of this ordinance.
Camme�: Utztil the determinatian by the
afficer th�t ther•e is a violatior� of tlae soirnd
level requitemerc�s of Sectio� 4, tXie per�son
responsible may not know that a violat8on
exists, particulr�rly when the ordinr�nce
frrst goes into effect This sectior� is
fncluded, tla�refore, to ensure the person
respo�tsible has an oppo�tunity to correct
the candirion before arey prosecutiorx is
12
catierrtpted :cnder the pen�lty provision of
Subdiviszon 3 vr before resor#ing ta other�
� mea�s o}' abatemeru_ Some ordinunces
canfine natace provisians of this kind to
situartions existing wl�tz the or�dinmace
goes into efj�eci, SOme also set mmri���rt
tinie limits for complicrrace, in some cases
,�tg langer limfts , for nwre costly
corrective installcr�io�s.
Subd. �. Civ� remedies. 'T.his ordinance may
be enforced by injunctio�, action for abateme�t, or
other appropriate civil re;aa�ed�'.
• Comment.• .4lthough it may nat be possibde to
a,�`'ect the jt�isdic�uin ar�d pracedure o, f the
co�'ts by ordinance provision in t�aast
cities, the provision at tea�st calls crtter�ion
to available civil renredies
Subd. 3. CriminaY �enalti��. Any violation
of this o�uance invoiving th� operaxio� of �
�uotox v�hicle is a�etty misdemeanar a�ad, upon
conviction, the violator sh�ll be pwnished by a fine
not to sxceed. $1 Q0. Every �erson who vi�olates
any other �rovision o� t�its ordina,nce is guilty of a
misdemeanar and sha�i, upan cvnviction, be
subject to a fine of mot more than $700 or
imprisonment �ox a teren not ta exceed 90 days, ox
both. In all cases the city sbai� be entitled to
collect the costs of p�rosecution to thE extent
�,
outlined by law, Rvles o� C�rivaiaal Frocedure, and
I3
the Rules of Cowt, E3ch act of �nolation and each
day a violataiioz� occurs or contiu�ues canstitut� a
sepa�ate offense.
Comment: The penalty provided , for
misdeme�ors is the ma�rimun� uttowed by
Icrw ?7ze provision for udding t)ze epsts of
prosecution is basgd on the stat7�ctory city
code. ll�'mr� Stc�: 41'2.231. Y'r•otalions of
noise limits on motor vehicle aper�ion Emd
far draving with aft inadequate muff�'er, like
mast violations of the h-a„�fc cod� arre pEtty
misdemeanors under the state law �ta�t.
S'tat. 169.89, 5ubd. 1_ The law alsa
provides that local ordin�es may not, fix
u di„�'erent,penalty. �mz. Stat. 169.(JZ,2.
The ordinance may m�tke all or spec�d
violatiorrs petty tnisdemm�a�wrs, if
preferYec�' In that case the viol�o� is
subject only to the maximum �100 fine on
cvr�viction with no pos,sabitity of c� jail
sesztetue. In prosecutiorts under a,�etly
misdemeanor provisio�, there i,s no right to
. a tri�l by jury ar�d appec�ls ure perr�itted
only on questions of law
In a city tivi�h crr� ordi�aance code
casata'itzang a g�neral penalty ppovisio�x, ihe
penaliy sectian of tkus o�dina�ace tpacty be
abrfdged
�ion . Sev�rabitity. If a�ny prorrisian
of this ordin�ce or the applicat�on a� any
provision to a particular situation is he�d to be
invalid by a couxt of competent jurisdictio�nt, the
remai�iva�g portions of the ordinance and the
�"�
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; "�,
applicatiau u�t}�e ordinance to any other sxbxation
shail r�ot be invalidated
Commerit: t�hile there is some doubt thar a
severability provision alters whut a cor.an'
would do vthes•wise in corrstruing
ordinattces, it is cornnio� to irrclude it in
o�'ditrances contari�g such varied
pravisions at this one. Fpr earam�le, the
PC.4 regulation establi.shing rtoise
stmrdards co�'ains such a,provision
Section 11. Effec�ive �ate. This ordi�ce
becames effective . X9_,
Comment: In statutoty cft�ies ordinances
become e,tfective upo» passage m1d
publicr��ion unless a later dan'e is fiaced in
the ordirtance. In mat�y home rule ch�rter
cities, reon-emergency ordincmces do not
become e, fj`'ective until 30 days af�er
passage and ,�rubltcar�ion unless the
o�dinance frxes a later date. Th�s section
is not legally necessmy unle,ss a later
effective date is chosen t�i the date
prescr�ibed by Iraw or cha�ter'.
Pas$ed this day of ,19 .
Attes�
City Clexk
Published in
on , 19_.
r7 il r �r ir�^n ���.
M�,yor
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II. Sho�-Foxm �loise Cantrol Clydina�nre
The City Counci� of � ordains�
Section 1. Nois� Prohibit�.
5ubdivisian 1. General proliibition. 1Jo person
sha�ll make or cause to be made av,y distinctly and
loudly aud{ble noise that unreasonably anuoys,
dispubs, injures, or endangers the comfa� repa�,
heatth, peace, safety, or welfar� of eny persan or
pxecludes their enjoyment of propeifiy ar a�ects
their properiy"s value. '�is geueral prohibition is
nvt limited by the sp�i�.� zestrlcti�s of the
following subdivisians.
Subd 2. Harns, andible si�gt�aling devices,
etc. Na person shall sound any audibie si�g
device on any vebicie except as a waming of
daager, as required by Nfinn. Stat. i 69.68.
Commeret: 1'n order ta fi,a�ther re.s,c��at the use of
these.certaan devices, danger can be more
-�ullY definec�. fvrmal per�nits for the use of
these devices can be reguirec� or
operudiorral curfews catz be estabdished by
the city. Furthermore, the ciry pr citiesmay
wash to extend this provision Fo statior�ary .
�� �nT •, inrn •�„
�5
sources which would irictude rtaon
whistles, church bells, etc.
Subd. 3. E��usk No person shali discharge
the e�aust or petmit the discb�arge of the e7r,haust
af any steam engine, stat:io�y int�rnal.
combustion engine, motor baat, motrnr vehicle, or
snowmobile e�cept t�ough a muffiex or other
device that effec�ivel�� prevents loud or exp�dsive
noises therefi�m and complies wsth all apQlicable
state laws az►d xegulations.
Comment.• M'otor vehicle mr�lers are
,�rescr�ibed by �nrt. Stat. 169.69. Water
craf� mt�flers �re prescri�ied by Mirux. Stat.
86B.321. Snowmobile mu, f lers �e
r��uired p�rrader 11�'inn. Stat. 8�.571 and
A�im�. Rules 6100 57(JO s�sbpart S If
. snowmobile o,peration within the cat�v is
prohibitec� the caty may wish to omit tl:e
refet�ence to snowmobiles in th�.s
subdiviSiOn,
$abd. 4. Defcetgve vehicles or Ioads. No
pe�son shall use any velricle so out a� repair or sa
loaded as to create ioud �d unnecessary grating,
gtx�d�ng, rattling, or other aoise.
�rtTrTr, trnn��r.TT..r .:, rtnn,rn^r �r,tT�^•� i_`T'�. •I7'rt�r
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�
�
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Subtl. S. Loading, unloadipag, uapacking. noise, unreasonably d'asturbing t�e peace, quiet, or
No person sha11 careate loud or exc�essive noise in
�oading, unlo�din�, or u�acking any vehicle.
Snbd. �. iladios, �honagr,�phs, paging
systems, etc. No person shall use or operate or
pex�t the use or operation a� any radio receivin�g
set, musxcal instrument, pho�ograP�, ���
systsm, machine, or otlzex device for the
production or reproduc�ian of so�md in a disiinct
and �audl� audible ma�mer as to unreasonably
disturb the Peace, quaet, and comfort o�aiaty person
nearby. Qperataoa of an� such set, i�sbrument,
�hoaograph, macbu��e, or other de�►ice between the
hours af 1Q:QQ p.�, and 7:Od a.m. in su.ch a
manner as to be plainiy aud��b�e at the prapem► line
a£tb�e strucittre ar buildin� in whi�c�t xt is Iocat�eci, in
t1�e hallwa� or apartment adjacent, ox at a distance
of 50 feet if the source is �oca�ed outside a
si�uctiu�e or building shall be prim� facie evidenc�
of a violation a� t�us s�tian.
Subd. 7. ParEicipatia� i►n noisy partie.s or
gatb�e�ugs. No person shall part�ci�te in any
party or other gathering of �eople givin� rise to
16
regose of auofiher persan. �em a police off cez
deteruqines that a gaihe� is creating such �► noise
disturbance, th� offic�r may arder all pe�sans
pxesent, other tl� the owner ox tenan# of the
premises vuhere the distu�rbancx is occwt�ng, to
disperse imua�ediately. l�o pe�tson sl�all re�use to
lea.ve after be�iu� ordered by a police o�car to do
so. Eve�y orovner or t�nant of such premises r�rho
has Imowledge a�the dislurbance sb,�ll make every
reasonahle effort to see tb�at the disturba�,ce is
stopped
Snbd. 8. Loucls�eaicers, aimglifiers for
advertisi�ug, etc. No �rson shall ppexate or p�rmit
the use or operakion of �ny loudspeakex, sdund
a�apLifier, ar other devxce for the productia� ox
repxoduction of sound on a street or oth�r pub�ic
pla�ce for the purpase o� cdmmercial advexti�sing or
atiracting the attenfii4�► of the public tp any
commerciat est�blishment or vehicle.
Commef�:• Spme cxties may wish tp allow such
devices t�der city pernut: If thi,s arpp�•oach
is user� provisior�cs for a permit should be
substituted anci standards for use of ,the
device �rder permit incduded
n„�r •, �rrn �... n�trr.� •,:T,-rncrntettTaT .tP. '�nP.vcr't -nrT�^•(' CT�?'J7'r^7
0
Snbd. 9. Ani�. No persan sb�ll kee� any
C. The animal noiss can be heard �affi a
� animal tha.t unr�aasona6ly disturbs the c,�mfort or location outside the buiidi�g and premises where
�
zepase of persans in tt�e vicinity by itg fiequent or
continued noise. For puYposes v� tl�is section,
"disturbs the camfort or repase of persons in the
vicinity by its fxequent or conti�ued noise" means
any one of the �ollovving:
A. T,�e �tumal noise occurs at a time 1xtw�
10:00 p.m. a�d 7:00 a.m. and can be heard from a
location outside t�e building and pre�ises where
�e animal is l�ing kept, and the a�im�l l�as made
such noises intermittently �or more than three (3}
minutes with on� minute or less la.pse o� time
bet,wee� each animal noise dwx�g the three minute
period; or
B•'Y'h� ani�a� noise can be heard :6rom a, one
block distance £t'om the location o� the btrilding
and premises �w$ere the animal is beivag kept, anci
the animai has made such noises intex�mittently for
m�ore than three (3) mi�nut:es with one mi.nutre or
less �apse of time between each �nimat noisc
during the three minute pez�oct, or
the animal is being kept, and the animal has nxa.d.e
such noises intermitte�dy far a period o� a� ieast
five (5} minu�s with one minute a� Iess Ia�se a£
time between each animai naise during tk�e five
minute pe�riod,
Sabd.10. School8� C�11�Ch�, hOSp�l1S, etc.
AIo �rson sb�.11 creat� any e�c�essive noise o� a
street, alley, or public grounds adjacent to any
school, instii�riion oi l�g, church, or hosgital
when the noise tmr�asonably i�nterfere.s with, t�ie
workxng of the institutioi� or distaubs or wadul�
annoys its occtipaz�s or residents �nd when
co�spicuous signs indic-ate the presence o£ suc�i
i�shitui�on
Comment: The list of itutitutios�.r may be
altered to meet local needs Sc�me
ordirtmzces, for example, add courts,
nursuzg homes, and Fiomes for rhe elder-ly
to the li�st. Section 1 is inteTrded �o prohibit
various noise szuisances cammo�aXy
proscribed by ora�'inancer Others may be
added to take accou.�t of loccrl nuisance
situQtions ,Amon� others sometimes found
in noise cor�trol ordinances ar-e (1) naise
pollui`ion from buildi�tg, repair-ing, o�
testang motor velzicles or other intern�l
combuslion engines; (2) use of tnodel
17
vehicle� ar model airpla�es J,a�ing cer.tain
hours or in certcri� plarces; (3j t�.se of
� explosives, , firec�m,c (see Minn Stat.
116 p7, Subd. Za), or simila�r devices
cat�sin,g a noise d�stto'bance beyond
property lines {someti»res permitted under
certain conditions w�th u specia�
� variance); (4) wt»ts�Yed operation af
� blower or power fu�ts; {S) noiseJ'rom idling
diesel engines.
Sa»re provisio�s eithet included or
omitted in the madel section may already
appear in city ordinances decrling with
nuisances, Qnd some direded at noise by
�eaple {e.g., laud,�ties} mr�,y be treated
Yn ordinances on d�rorderly cnnduct or
breaches of the peace.
ec ' Hoarly R�t�r�iction on
,,� CertAin (�p�ra�ions. Snbdivisioa X,
Recr�.tional veLicles. No p�rso� shall, between
the b�aurs a� 1 Q:00 p.m. and 7:00 am., d�ri�re or
operate any miu�bike, snawmobile, or othe�r
xec�reational vehiele not licensed for t�avel an
public highways.
Cotnnzent: ,�f other ordi�tartces regulc�e or
prohibit tlre z�se of snowmobiles or other
non-highway recreational vehicles within
the city, this provisian should be� modified
accordingly. li should be hoted that Minn.
Stat. 84.90 regulates the operation of
snawmobiles reIatfve to the dTdinances of
a mutuci,�ality.
18
Sabd. Z. nomestic power eqwipment. No
person shall c�era.te a pow�er lawxx mower, poeve�r
hedge clipper, chain saw, m�uicher, gardm tiller,
e�ger, drill, or other simalaz domestic power
maintenance equipmern except bet�reen the hours
af 7:00 a.m. an�d 10:00 p.m. on any weekday ox
between the howrs of 9:00 a.m. a�d 9:{}0 p.m. on
az►y we.ekend or}�oliday. Snow rema� equipment
xs e�cempt from this prav�sion
$nbd. 3. Refns� haaling No person shall
collect or �emave Bazba�E ox �efvse in any
residential dxstxict except betwee� tb►e hours of
7:04 a.m. and 10:04 p.m. on any w��CCi.a,y or
between the hours o� 9:00 a.m. and 9:40 p.m. o�
any weekend or holiday.
$abd. 4. Constraction acti�it�es. No person
sha11 engage in ar pe.xnctit construction activities
x�awalving the use of any ki�d of electric, diesel, oz
gas-powexed. �achine or other power eqtupment
except between the �►ou,rs of 7:00 am. and � O;QU
p.m on any weekday or betc�reen the hours o� �; QO
a.m. and 4:00 pm. o� an�► weekend or holida�,
ec �on 3. Enforcement. Subdxv�sfon 1.
license for any shucture, aperation, process,
� ��oxcement duhPS. The [police department, ��on or att�rati.on, oz praje�t that may be
�''�
��
building inspector, or othe� specifLed o,�`'rcer or
crgency] shall �nfforce the pra'visions of this
ordanance. The [substit�ute ot'her specifaed o„�f'icer
or agency if listed above] may i�,spect private
premises other than private resxde�ces and shall
xx�ake all reasonable efforts to prevent violatiaz�s of
tlus ordin.ance.
COmmes�t: �ta,s subdivision must be adapted tp
fit the crdrrt�ristratave structure and
persorla�zel of the individual cily. In r�aa,ny
small cit'ies the police department rrury be
the orlly agency available for the purpose.
In ihat case the subdivision is consistent
with the gerteracl respa�t,sibility given ihe
police depara'ment to esrforce lcrws arad
ordinances
S�tbd, �. Ci'v� remeciies. Tbis ardinance may
be enf'orced by in.j�ction, ac�tian �or abatement, or
other a��roQriate civil remedy.
Gomment: Althaugh it may not be possible to
a, f�ect the jurisdictiott and procedure of the
C07L1'�S � Ol'l�lY1GYiICQ jlTOVtSlOi1 �ri l)I037
cities, the provision at least cctlls attentton
to avttilable civil remediex
Subd. 3. Naxse ivao�p�ct statements. The
cauncil may require any person applying for a
change. in zoning classification or a pea�t or
19
considered a potential noise sowrce to submit a
nois� unpa�t statement on a form p�+escribed by the
co2mcil. Xt shall ev�luate each such statemen.t and
take its evalua�ion into account in appra^ving or
disa.pproving t�e license or permit applied for or
the zoning change requ�ted.
Gomment: If there is same �tl�er o,,�Fcer who
may appropriately require noise impact
statements, that of, jrcer� m�y be substit�#ed
for the council in the fzYSt sentence und the
seca�rd then may be altered to provide for
evcrluation of the statenzent by that vfj�cer
and the rnaking oj`' appr�opriate
recommendatior�s ro the council or atl�er
of j`'icer authnrized to talr� action. Snme
eities, par7�ea�ltr�ly smcttler c�ties, may
prefer to ofnit this subdivision altogether.
Snlbd. 4. Griminal penalties. ,A,n�► �violation
of this ardinance in��olvi�g the operation af a
motor vehicle is a pet�.y �stlemeanor and, upon
con^c�ction�, the violatar shall be punis�ed by a iine
not to eJCC�d $100. Every person who vio�axes au�►
oth�r provision of this orditiance is guilty a�' a
mi.sdemeanox and shall, upon canvictaon, be
subject to a�xue of not more than �700 or
imprisonment for a term nat to exceed 90 days, or
�
�
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both. In all cases the city shall 1� elxtitled ta
c�llect the costs of prosecutaon to the extent
audined i�y law, Re�les of Cri.minal Pracedwre, and
the Rules of Court. Ba�ch act of violatiom a�td each
day �t violRtidn oc�ctus or continues cons�iit�rtes a
separate offense.
Comment: The penal� pravided fOr
misdememwrs is tJze maximum allpwed by
law. The provision for aclding t�he cos�s of
prosecution is based on ihe stal�tory city
code. 1lQ'ima. Stat. 412.231. �atations of
naise lxmxts on nu�tor vehicle o,��eralion and
for drivin� with an inad.equate mu�ler, like
most viala7iar�s af the tra,,8% code; are,petly
misdemeanors under the stcrte law. Minn
Stat. 169. S9, Subd 1. The law also
prmrides that local ordinances may not�''uc
a different penalty. M'rnn. Stat. 169.022.
7�ie ordincrnce mary make all or specified
violat`iorrs petty misdemec�wrs, if
,preferred In that case the violmtdr is
subject only to tiu mmrimaun ��QD fine oh
comaction with no possibility of a jail
sentence. .In prosecutions �errder a petty
misdemeanor pravisipr� there is no right to
a trcril bY.l�'Y ��i'��' are permitted
anly on questions af law.
1'n a ciiy with �e ordi�ar�ce code
carrtaining a general penalty,provisios� the
penalty section of this ordinance may he
abridgec�'
ectian 4. Effechve �ate. This ord�nance
becomes sff�ctive . 19 .
r� ;r� •T i crn �.�4T
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MEMO�:ANDUM
DEVELOPMENT DIRECTOR
DATE: March 29, 19�
TO: Planning Commission
FROM: Barbara Dacy, Commun'ity Development Director
SUBJECT: Lake Pointe OfFce Park Master Ptan Process
Consideration of the Lake Poirrte Office Park Master Plan wili be on the Pianning
Commission agenda on May 1� 19�. The s�e is already zoned S-2, Redevelopment
District, but because � new devetopment proposal is being consider�, the S-2
Dis�ict requires Planning Commission� City Council, and HRA approval.
By the time of the Planning Commission meeting, finro neighborhood meetings wiil
have been he{d. On March 7, 19�, Dave Jellison from MEPC Americ�n Properties
Inc. review� an initial concept of the Master Plan with the neighborhood. The HRA's
legal consultant, Linda Fisher from Larfcin Hoffman, review�i the status of the HRA's
work on the Indi'rect Source Permit from MPCA and the status of environmental review
requiremerrts. Jim Benshoof, the HRA's traffic consultant, preser�t� the results of the
updated traffic study and the proposed corffiguration of the Highway 65 and West
M�re Lake Drive/Central Avenue intersection. A second meeting will be held on
either April 18 or April 25 to present the proposed master pian and to answer
additional questions about the development.
The HRA has entered into a Contract for Exclusive Negotiations with MEPC American
Properties. MEPC is r�ponsible for marketing the property and attracting a°phase 1°
office proposal by August 1, i997. The proposed master plan is similar to the original
Woodbridge plan in that corporate office with supporting commercial is proposed.
The amount of office and commercial pro�sed however is less than originally
contemplated. MEPC is proposing 582,000 square feet of office in 4 buildings (tallest
one is 8 stori�) and about 89,000 sq�re feet of commercial. Woodbridge proposed
slightly less than 749,� totai square fee�
,
I�
Lake Poirrte Office Park Mast� Plan Process
Mlar�ch 29, i 9�
Page 2
MEPC is we11 respected in the development cammunity. They t�ve already had
several corrtacts wi� irrte��� office and hotel users. They hope to initiate some
tYPe of construction this fall. _ .
The HRA will be filing for the Indirect Source Permit this mor�th. The permit r�uires
an air qual�Y analYsis from the proposed developmerrt. The air quality analysis tras
been complet� and reviewed on a preliminary basis with MPCA. Approval is
anticipat� since the r�ults are far below MPCA thresholds.
The traffic analysis supports the need for the irrtersection improvement at Highway 65
as was originaliy contemplated in 1987. The City app�ied for and has r�eived federal
funding to construct the intersection (savings of $1 �500,0�),
��
Because MEPC's proposa! is less intensive than the original request and because
there have been no significant changes to the s�e which r�uire environmer�tal
review, a new Environmental q,ssessme�t Worksheet is rrot required. The Council, �t
its Apri{ 8� 1996 meeting, wilt � adopting a resolution establishing findings of fiact
regarding this determir�ation. Linda Fisher is preparing this documerrt.
�,
If you have any questions, please feet free to call me at 572-3590: See you on May
1 st!
:�
M-96-153
�'�