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PL 02/26/1992 - 30751,� CITY OF FRIDLEY PLANNING COMMI38ION MEETING, FEBRIIARY 26, 1992 CALL TO ORDER• Chairperson Betzold called the February 26, 1992, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Sue Sherek, Larry Kuechle, Connie Modig, Brad Sielaff Members Absent: Dean Saba Others Present: Michele McPherson, Planning Assistant APPROVAL OF FEBRUARY 12, 1992, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to approve the February 12, 1992, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE � MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-10 BY TIMOTHY HUTCHINSON• Per Section 205.24.24(D) of the Fridley City Code, to allow construction in the CRP-2 (flood fringe) on Lots 21, 22, 23, and 24, Block V, Riverview Heights, generally located at 8021 Riverview Terrace N.E. MOTION by Ms. Modig, seconded by Mr. Kondrick, to open the public hearing. IIPOld A VOICE VOTE, ALL VOTING AYE � CIiAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated this request is for the issuance of a special use permit to allow construction of an addition to a single family dwelling in a CRP-2 (flood fringe) district. The lot is generally located between Dover Street and Ely Street on Riverview Terrace and is addressed as 8021 Riverview Terrace N.E. The property is currently zoned R-1, Single Family Dwelling, as are the surrounding properties. The petitioner is proposing to construct an addition to the existing house and garage. The existing dwelling was built in 1966 and does contain a basement. � PLANNING COMMI38ION MEETING, FEBRIIARY 26, 1992 PAGE 2 � Ms. McPherson stated that when the Commission first heard the request in September, 1991, the petitioner was propos'ing to construct a full basement for the addition. Under the guidelines for a special use permit, those areas which can be considered habitable are not allowed below the 100 year regulatory flood elevation. This meant that the basement as originally proposed would violate that requirement. Ms. McPherson stated that since that time, staff has worked with the petitioner and the Department of Natural Resources (DNR) to reach a solution which would allow the petitioner to construct an addition and still meet the requirements. A compromise approved by the DNR is that the petitioner would be allowed to construct a full depth basement under the addition meeting all the flood proofing requirements, i.e., no windows, appropriate construction, etc. Within the basement, the petitioner will construct a false floor to reduce the ceiling height to 5 feet. The Building Code requires that habitable spaces have a minimum ceiling height of 7 feet. Therefore, the proposed area would no longer be considered habitable and could still be used for storage. Ms. McPherson stated that in addition to allowing the construction in this manner, staff is recommending additional stipulations to � ensure that the false floor remains in place until a time when the City has received Army Corp of Engineer approval to remove the flood fringe regulations. Stipulations as outlined in the staff report are as follows: 1. The crawl space shall be flood-proofed in accordance with all applicable codes, and shall not exceed a height of five feet. 2. A hold harmless agreement releasing the City of all liability and stipulating that the crawl space shall not be altered without approval from the City shall be recorded against the property. 3. An elevation certificate completed by a certified surveyor verifying the elevation of the first floor of the addition shall be submitted once construction is completed. Ms. McPherson stated staff is recommending approval of Special Use Permit, SP #91-10, with the stipulations. Mr. Betzold stated that in the letter written on November 24 a reference was made that a surveyor verify that the addition meets these requirements. Is this the same thing that staff is saying ^ in the stipulations? PLANNINa COMMISSION MEETING, FEBRIIARY 26, 1992 PAGE 3 � . Mr. McPherson stated that is correct. The petitioners were considering having a surveyor come before construction but have decided to wait until after construction. Mr. Betzold asked what would happen if they find it does not comply. Ms. McPherson stated the proposed plans will need to be reviewed by a builder and an architect who will likely consult with a surveyor in the process of construction. Mr. Kondrick asked if Ms. McPherson knows where the City is in their plans to make changes in the flood plain. Ms. McPherson stated this is a continuing and ongoing process. The Public Works Director, in addition to having the Army Corp of Engineers re-review the elevation requirements and the flood plain regulations in this portion of the City., is also attempting to add this street to the Minnesota State Aid street program so they can use additional gas tax monies for the upgrade and maintenance of the dike and the road itself. Mr. Betzold asked how the City will know if the petitioner takes ^ out the false basement. Ms. McPherson stated the City wiould have to receive a complaint. There is no way without having some reason to inspect the property that the City has any assurance that the false floor will remain. The City is counting on the good conscience of the petitioner to comply with the stipulations. This will also be on the abstract of title. As far as the City is concerned, the most important thing is that the City has a hold harmless agreement releasing the City from liability. Mr. Sielaff asked what is entailed in.flood proofing. Ms. McPherson stated that primarily, there must be no openings and masonry construction. There is a specific federal code that the petitioner would have to meet. This will be reviewed when applying for the building permit. Mr. Hutchinson stated they seem to be in agreement. As far as the survey goes, he is trying to save some money. The surveyor will be out when the corners are set. At that time, the surveyor will do the entire thing. Mr. Betzold asked if it would not be more costly if they find an elevation mistake. � Mr. Hutchinson stated a surveyor is at the site when the addition is staked out and the footings placed. O PLANNING COMMI3SION MEETING� FEBROARY 26, 1992 PAGE 4 � Mr. Kuechle asked if they would be surveying when the blocks are up. Mr. Hutchinson stated, yes, when they start construction they will do that. Mr. Betzold stated the elevation certificate is to be submitted when completed. Should this be prior to completion? Ms. McPherson stated it is City •policy that an elevation certificate be submitted. A document from the surveyor that he/she has certified on a particular date that construction has met the requirements can be submitted at any time. Mr. Hutchinson stated he is aware of the requirement. Mr. Hutchinson stated he wanted the construction surveyed so it is at the correct elevation. Ms. McPherson stated the Commission can change the stipulation to state "prior to completion" or "as soon as the inspect is completed". Mr. Kuechle stated he wanted to know why the petitioner would want a basement if it cannot be used. Mr. Hutchinson stated he believes the flood plain will be lifted in the future, and then the basement area can easily be adapted to a full basement. Mr. Kuechle asked if the petitioner is planning to pour a concrete floor. Mr. Hutchinson stated, yes, with a false wooden floor for storage. Mr. Kondrick asked if the petitioner understood the stipulations. Mr. Hutchinson stated he did. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kondrick stated he had no problem with the request as written. He would recommend approval. ^ Ms. Modig agreed. � /"\ PLANNING COMMI9SION MEETING, FEBRUARY 26, 1992 PAGE 5 Mr. Betzold stated he would like to see the third stipulation state that the surveyor's certificate be submitted prior to completion of construction. This would be better for all parties involved. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend to the City Council approval of Special Use Permit, SP #91-10, to allow construction in the CRP-2 (flood fringe) on Lots 21, 22, 23, and 24, Block V, Riverview Heights, generally located at 8021 Riverview Terrace N.W., with the following stipulations: 1. The crawl space shall be floor-proofed in aCcordance with all applicable codes, and shall not exceed a height of five feet. 2. A hold harmless agreement releasing the City of all liability and stipulating that the crawl space shall not be altered without approval from the City shall be recorded against the property. 3. An elevation certificate completed by a certified surveyor verifying the elevation of the first floor of the addition shall be submitted once construction is completed. IIPON A VOICE VOTE� RONDRICR, RIIECHLE, 3IELAFF, MODIG, SHERER VOTING AYE� AND BETZOLD VOTING NAY� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY MAJORITY VOTE. Ms. McPherson stated this item will go to City Council on March 16, 1992. 2. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF FEBRUARY 6. 1992 MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the February 6, 1992, Human Resources Commission minutes. IIPON A VOICE VOTE � ALL VOTING AYE � CIiAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE MEETING ADJOORNED AT 7:49 P.M. �� Respectfully submitted, La onn Cooper �° Recording Secretary � 8 I G N- IN S H E E T 7'�`� PLANNING COMMI88ION MEETING, F���' �6, 1992 Name Address/Business ���� ��, L, �— sa� ��o � �s�.. 3�oU (� ( i��� / C� '"lE�a .�`� �/�= S�i .S�' f C�. �e L � 5 . �%�� lr�ts / � � � � ���� ���� c�G������ ��.� ��. � � ,� �f �� �/ r �"�