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