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PL 04/03/2002 - 6995G � PLANNING COMMISSION MEETING CITY OF FRIDLEY AGENDA WEDNESDAY, APRIL 3, 2002, 7:3Q P.M. LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNlNG COMMISSION MEETING MINUTES: March 20, 2002 1. PUBLIC HEARING: Consideration of a Speciai Use Permit, SP #02-04, by Shannon Wright and Lloyd Nietling, for a second accessory structure (garage), generally located at 506 Rice Creek Terrace NE. 2. PUBUC HEARING: Consideration of a Specia( Use Permit, SP #02-05, by Timothy Mi(ler, for a second accessory structure (garage), generally located at 591 Dover Street NE. 3. RECEIVE THE MINUTES OF THE MARCH 13 2002. APPEALS COMMISSION MEETING. OTHER BUSlNESS: � ADJOURN � � �� u CITY OF FRiDLEY PLANNING COMMISSION MEETtNG, MARCH 20, 2002 CALL TO ORDER: Acting Chairperson Oquist ca(led the March 20, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Leroy Oquist, Barbara Johns, Brad Dunham, Ken Vos (for Larry Kuechie) Dave Kondrick, larry Kuechle, Dean Saba, Diane Savage Others Present: Stacy Stromberg, Pianner Paul Bolin, Planning Coordinator Lonnie L. LeClair, 234 69�' Avenue Kemal Balogul, Board Member, AI-Amal School Salah Ayari, President, AI-Amal School Anawar Abdelkarim, Vice President, Islamic Center of Minnestoa APPROVE THE MARCH 6 2002 PLANN(NG COMMISSION MEETING MlNUTES: MOTION by Ms. Johns, seconded by Mr. Dunham, to approve the March 6, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTlON CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #02-02, by Lonnie Le Clair, for an addition to an existing shed, generally located at 234 69"' Avenue, NE. MOTION by Ms. Johns, seconded by Mr. Dunham, to waive the reading and open the pubiic hearing. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Ms. Stromberg stated that the petitioner is requesting a special use permit to aUow the construction of a 96 square foot addition to an existing 240 square foot shed at 234 69�' Avenue. The existing shed and proposed addition will be used for storage. Section 205 requires a speciai use permit to allow accessory buildings other than the first accessory building over 240 square feet. It requires the total square footage of accessory structures not to exceed 1400 square feet. The tatal square footage of the existing garage and shed plus the proposed addition to the shed is 786 square feet. The existing 240 square foot shed located in the rear yard was built in 1984. At the time it was constructed, a roof was extended an additional 96 square feet from the west wall of the structure. A petitioner is requesting to enclose the 96 square foot area, therefore expanding the existing structure. Ms. Stromberg stated that the roof from the shed extends an additional 12 feet. This is the area the petitioner is requesting to enclose. Staff recommends approval with the following P�ANNING COMMISSION MEET{NG, MARCH 20, 2002 PAGE 2 stipulations as second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district: � 1. The petitioner shall obtain all necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. The total square footage of all accessory structures must not exceed 1,400 square feet. 4. The shed addition shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. The petitioner, Lonnie LeClair, stated he does not have any issue with the stipulations. Mr. Oquist asked if the shed was going to be enclosed completely. Mr. LeClair stated that the north side and south side will be enclosed and the west wall will have two steel doors. Mr. Oquist asked if he was goi�g to use this only for storage. Mr. LeClair stated it was only for storage. Dr, Vos asked if the neighbors had any questions. Mr. LeClair stated the neighbors wonder why he did not do this before and why he had to get a permit. Dr. Vos stated this is a reasonable request. Since the roof line is already there, it is appropriate. � MOT{ON by Ms. Johns, seconded by Mr. Dunham, to recommend approval of SP #02-02 with the foNowing stipulations: 1. The petitioner shall obtain afl necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. The total square footage of all accessory structures must not exceed 1,400 square feet. 4. The shed addition shal! be archite�turally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRtED UNANIMOUSLY. Mr. Oquist stated this wiN go to City Council on April 8. - 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #42-03, by AI-Amal School, to convert the property into a licensed daycare center, generally located at 1413 Gardena Avenue NE. MOTION by Ms. Johns, seconded by Mr. Dunham, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTlNG AYE, ACTfNG CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Ms. Stromberg stated that the petitioner is requesting a special use permit to allow a licensed • daycare center at 1413 Gardena Avenue. The existing home would be converted to meet PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 3 County and State licensing requirements for a daycare center. The property is zaned R-1, � single family. The existing home was built before 1949 with two home additions constructed in 1952 and 1996. The existing garage was built in 1987. The property is owned by the Islamic Center of Minnesota and exists as a licensed family daycare. Section 205 requires a special use permit to aliow daycare centers that are located in places of worship, schools, or in other buildings located on a�terial or collector streets in the R-1 zoning district, provided they meet specific parking and lot size requirements. Code requires one parking space for each 100 square feet of usable daycare floor area. The petitioner indicated that 694 square feet of the home will be used to accommodate the daycare center. According to the above code requirements, six parking spaces will be required for the daycare center. Ms. Stromberg stated that the existing driveway and parking area provide enough space for 6+ vehicles. Staff has observed the property and noticed there are a maximum of three vehicles parked in the driveway at any given time. The code requires that in order for a daycare center to be located in the R-1 zoning district, a minimum iot size of 12,OOQ square feet is required. The dimensions of the praperty are 100 feet by 200 feet which is 20,000 square feet exceeding the minimum lot size requirement. The petitioner has siated that the daycare center wiN accommodate approximately 10-14 preschoo! age children and will operate Monday through Friday befinreen the hours of 8:00 a.m. and 4:00 p.m. Staff recommends approval with the following stipulations as daycare centers are a permitted special use in the R-1 zoning district provided they are located in places of worship, schools, or in other buildings located on arterial or coilector streets: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 2. If the dropping off and picking up of children from the day care center becomes a traffic , hazard, a curb expansion like what currently exists at the Islamic Center will be required. Ms. Johns asked if the code requirement of six parking spaces applies oniy to daycare staff or the parents of the children. Ms. Stromberg stated that it applies to the staff. Ms. Johns stated that if there are six staff, there wiI( be no room for the parents to drop off children. They would be dropping children off in the bump-out curb near the AI-Amal school. Ms. Stromberg stated that the peopie dropping off and picking up children are not there for an extended period of time, and there is enough room to accommodate at least six vehicles. Mr. Oquist stated that it accommodates six staff vehicles, not six drop-offs. Mr. Bolin stated that the parking is factored by the square footage and factors in enough parking space for staff and parents to drop-off and pick-up children. Six hundred fourteen square foot area for daycare wil! not require six staff members. Staff has driven by this site often to see how many vehictes there are, and there are never more than two or th�ee in the driveway. Ms. Johns asked if the whole home would be used for daycare. Mr. Bolin stated that it does not get counted toward the licensing requirements with the County and State. • Mr. Oquist asked if this was a center already. PLANNING GOMMISSION MEETING. MARCH 20. 2002 PAGE 4 Ms. Stromberg stated that it is a licensed family daycare, not a daycare center. This is licensed by the County. The center needs to meet more requirements by both the County and the State. Mr. Dunham asked how a need is determined for the additional curb area for drop-off in the event parking is an issue. Ms. Stromberg stated staff needs to monitor it; and if the�e is concern, staff would recommend a curb expansion. Mr. Bolin stated that the school and daycare itself will also help monitor that situation. Mr. Dunham stated that he lives close, and there is a lot of traffic. ff there are 14 children and aN 14 get picked up at the same time, there wi11 be a shortage of parking. Mr. Bolin stated that may be possible. Mr. Anawa� Abdelkarim, Vice President of the Isfamic Center of Minnesota, stated that 614 square feet is the upper floor of the house that would be used for daycare. Mr. Oquist asked if the whole house would be used for the daycare center. Mr. Abdelkarim stated that the basement is not used for the daycare center. Ms. Johns asked if anyone would be living in the basement. Mr. Abdelkarim stated that it would only be used on the main level, and nobody wi11 be living in the basement Dr. Vos asked if there was any concern about the bump-out and the d�op-off of the children. '- Mr. Abdelkarim stated there is enough room for six cars. If the drop-off is an issue, they wiU work it out with the school and see what needs to be done. Mr. Oquist asked if he meant they would use the school bump-out area for the daycare center. Mr. Abdelkarim stated they can use it if they need ta Ms. Johns asked if that was safe. Mr. Bolin stated they would insist on extending the bump-out if the parking is not going to work. A separate bump-out would be buift out near the daycare. Dr. Vos asked the number of staff people. Mr. Abdelkarim stated he did not think it is more than three staff. Ms. Johns stated that if there are 14 chifdren, there are State requirements for the number of staff. Mr. Abde{karim stated that he thinks so. Dr. Vos stated that it is age dependent. � • . � PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 5 Ms. Johns asked if the fence goes around the entire property and where the children will be � outside. Mr. Abdelkarim stated that the whole perimeter of the back of the outside of the house has a fence to be separated from the other school. Mr. Dunham asked if the cars would be parked one behind the other because it is not too wide. Mr. Bolin stated there is enough room to park two side by side. Mr. Dunham stated that there is a little concern, and he hopes it all works out. Mr. Abdelkarim stated they have worked for a couple of years to get a center and will have some of the same kids that are in the family daycare now. Ms. .lohns stated that there are more rules now with the State and County involved in the daycare center. Mr. Oquist asked staff if they had heard from any neighbors. Mr. Bolin stated that he had one call from a neighbor wondering when the meeting was and where the item was on the agenda. MOTION by Dr. Vos, seconded by Mr. Dunham, to close the public hearing. �UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:53 P.M. Ms. Johns stated she is a little concerned about the drop-off. If close monitoring is involved, it should be okay. Mr. Oquist stated the cars are always parked on the side where Gardena Avenue is so no one has to cross the road. Mr. Dunham stated that at 4:00 p.m,, there is a lot of activity. If staff is watching that, it should be fine. Mr. Oquist stated Totino Grace High School has the biggest activity around 2:00 p.m., so if the majority of children leave before 4:00 p.m., that will make it easier. Mr. Salah Ayari, President of AI-Amal School, stated they can use part of the parking lot at Totino Grace if needed. Mr. Oquist asked when the kids are normally dismissed from AI-Amal. Mr. Ayari stated they are normally dismissed at 4:00 p.m. Mr. Oquist stated that if they are using the Totino Grace parking lot, the director of the daycare center should be there. MOTION by Ms. Johns, seconded by Mr. Dunham, to recommend approval of SP #02-03 with the following stipulations � PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 6 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. � 2. If the dropping off and picking up of children from the day care center becomes a traffic hazard, a curb expansion like what currently exists at the Islamic Center will be required. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist stated this will go to Council on April 8. 3. RECEIVE THE MINUTES OF THE FEBRUARY 27, 2002, APPEALS COMMISSION MEETING MOTION by Dr. Vos, seconded by Ms. Johns, to �eceive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE FEBRUARY 19. 2002. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. � OTHER BUSINESS: Mr. Bolin stated staff would like to welcome a new member to the Planning Commission, Brad Dunham. Mr. Dunham is a Realtor with Edina Realty, and it will be nice to get a Realtor's perspective for some of the land use items. Mr. Dunham has been a Fridley resident for the past 18 years. Mr. Bolin stated Ken Vos, Vice-Chairperson of the Appeals Commission, was at the Planning Commission sitting in for Larry Kuechle so there would be a quorum. He thanked Ken and welcomed Brad. He stated the next Planning Commission meeting is April 3. ADJOURNMENT: MOTION by Ms. Johns, seconded by Dr. Vos, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE MARCH 20, 2002, PLANNING COMMISSION ADJOURNED AT 8:00 P.M. Respectfully submitted, � o �-'�� Sign L. John n �,8, Recording Secretary � � City of Fridley Land Use Application SP #02-04 April 3, 2002 GENERAL INFORMATION SPECIAL INFORMATION � i Applicant: Shannon Wright & Lloyd Nietling 506 Rice Creek Terrace NE Fridley MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residential) Location: 506 Rice Creek Terrace Size: 13,720 sq. ft. .31 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(I) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1955 — Lot is platted. 1958 — Home and Garage are built. 1985 — Screen porch converted into 3- season porch Legal Description of Property: Lot 11, Block 5, Rice Creek Temace Plat 4 Public Utilities: Home is connected. Transportation: 68`'' Avenue would provide access to the proposed garage. Physical Characteristics: Typical suburban landscaping. SUNIMARY OF PROJECT The petitioners, Ms. Wright and Mr. Nietling are seeking a speciat use permit to allow the construction of an 8b4 squaze foot accessory building in the rear yard of their property. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory buildings doesn't exceed 1,400 squaze feet. The current two-stall garage is 440 squaze feet and the proposed accessory structure is 864 square feet. The petitioner also has a 71.5 square foot storage area located directly next to the existing garage. This storage area will need to be removed upon completion of the proposed accessory structure, as it does not meet building code requirements. The total of all accessory buildings, existing and proposed, minus the storage area is 1,304 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — Apri122, 2002 64 Day — Apri129, 2002 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg �� REQUEST The petitioners, Shannon Wright and Lloyd Nietling, are seeking a special use permit to allow the construction of an 864 square foot second accessory building. The building will be used for storage and a workshop. ANALYSIS The property is located on the corner of Rice Creek Terrace and 68ih Avenue, with the home being "squared up" to and fronting on Rice Creek Terrace. The existing home and garage were built in 1958. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing garage is 440 square feet and the proposed accessory structure is 864 square feet. The total square footage of the existing garage and the proposed accessory structure are a total of 1,304 square feet, which is 96 square feet less than the total allowed by Code. � � There is also a 71.5 square foot storage area that is located directly next to the existing garage. This storage area wi41 need to be removed upon completion of the proposed accessory struciure, as it does not meet building code requirements. The petitioners � have asked to keep this storage area intact until the proposed structure is constructed, to eliminate any outdoor storage issues that might become a problem if the structure was removed. � The proposed accessory structure will be accessed off of 68`h Avenue. In order for the structure to be accessed off of 68'h Avenue an additional curb cut will be needed. The City's engineering staff has reviewed the proposed accessory structure location and has approved the additional curb cut. � The proposed garage location meets all setbacks and lot coverage requirements. City staff has received comments from two neighboring property owners. One neighbor wrote to simply say they were O.K. will the proposed second accessory structure, while the other neighbor had questions about the size and use of the structure. Proposed Garage Location in Rear Yard of the Property RECOMMENDATIONS City Staff recommends approvat as second accessory structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. � 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. ! February 28, 2002 City of Fridley 6431 University Avenue Fridley, MN 55432 Greetings, / ,J i J For severai years we have wanted to have extra storage, a workshop and a location for our ping pong table (to get it out of the basement!). Because we are doing some major landscaping this spring, we decided it would be an ideal time to build a separate garage since we could incorporate its landscaping as well. We are pleased that this external garage will match the house with white � siding and a brown roof. Thank you, �� v `// _ � r (�� Shannon Wright & Lloyd Nietling 506 Rice Creek Terrace NE Fridley, MN 55432-4439 763-574-7340 (H) wrigh018@umn.edu � . � � � � � � / � / �• / �� G �P �� , � �� V� � { � O�� 6 O � ^, .�� s �� k O� � / / '`�r°� �G ti� 6� 0�4.61•�4 . \� �2. Q� �' �2'L. 08 @jC . � � � +�-Y �Ory ��L SET y 2c' �a-�o ��9 �O . e 1—S WD—FRAME O h .� ��"E oF SURVEY \ \ \ � \ \ \ OVER TOP BUR. IP 6�T/� \� q ��N�� \ \ NF � . �s�7)p. OO �ry % " 63ti"' ' J , � , rr / ; , c� � \ � • , °�o �e o � . / m � '�- � �.`' / x- C� , � � -�� FlN. FLOOR=100.0 / o � o ,�s �„� 'y� . ASSUMED DATUM / ti�� • �o,ac - c ; / / �0ry \O�y � \ L O t 1 1 , ,�' - -. ' s . "� , /��~ � � , �e � e�c . � � r� . / J�v ��. � � 3'3 �ry � � � s � `s6 . 0R i ��2� ,"�`�' 1 5�2•� Q8 . ��o �,\ V 4 � � F � i h �,,'`� _ 4� i P�30PERTY D �r. �p7�pN: LOT 11, BLOCK 5, RICE CREEK TERRACE PLAT ANOKA COUNTY, MINNESOTA � BEARING SYSTEM AS—PER PLAT SCALE IN FEET 0 . 20 40 60 �.�.Q • IRON MQNUMENT FOUND O IRON PIPE SET '2S � LLOYD NEITLING �4S � 506 RlCE CREEK TERRACE N.E. �� FRIDIEY, MN 55432 796 L 0 T 1 0 �� 763--574-734o SHEET 1 OF 2 �y � E' 1 H E R E B Y C E R 7 1 f Y T H A T l f# S O R A Y N N G R E P R E S E N T S & � NOTE: THIS SURVEY tS fOR THE SOLE BENEFlT OF / �'�' �EB�� M �C� �B�Y�� THE INDIVIDUALS, CORPORATIONS, AND/OR PARTIES NAMED THEREON. qNp �,e,M q LY UCENSED PROFESSIONAL SURVEYOR / \ NDfR LA 7NE TAlE OF MINNESOTA AND STANDARD OF WORK FOR SURVEYOR BASED UPON /� � �� lti Z'L �. u� suRV�►+c . wa o��s � 20 1 SURVEY dc MAPPING SPECIAU T� a �'�� '� '��40N �� " N O R M A L' S T A N D A R D O F C A R E R E Q U I R E D B Y L A W / / R E PRODU C 7 1 0 N P R O NIBlTED KEN1�71! G. HoU18ECK pA7g: �u � �° rt�-rnr r„x c�o) ss+-a+h / , � MINNESOTA REGIS1RAilON N0. 18890 �o�" ��j �n s�i��uc�ivio�s. w sas � RICE CREEK TERRACE N.E. � ! �� . � a c Z C m z m 506 Rice Creek Terrace NE Shannon Wright 506 Rice Creek Terrace Fridley, MN 55432 763-574-7340 o Proposed Detached Garage: o Siding to Match Existing House ❑ Shingles to Match House a Concrete Floor ❑ 2x4 Wall Joists with R 19 Insulation ❑ 2x10 Rafters, Gable Roof w/ Plywood Sheathing R-5 � � � �� f � � ^ � -�� : �i�3 -� � � � a � � � J � re. r �- � n � ,� CJti� r _ C � �' � �� ? '� (..� hi� � . < �.%f . . �-� ,n � . �� n � � D � � � <� c' • 3 � . N � � � ( K • ' � • � � � � � � .__.._ 1 - f � � � � . N � a s� �`� � �x W �a �x .�. � �� rN �� , � D Q� �� i � � i � � �r � V \ � � � � C � . --� � 0 z i x� �� o X �.` � _ r � � ,� N � I .�.`�/1 � � � 1 ��`l , � � # �- � � n► ��.� � x� 01. �JNIQt� � x� ��.�� NIFi� � CITY OF FRIDLEY 1 UNIVERSITY AVENUE DLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT { SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others ' PROPERTY INFORMATION: site pl n re uired for submittal, see attached) I, Address: � L� a�c F t��' ��E�-� C`F �� !, Property Identification Number. Legal Description: Lot � 1 Block Tract/Addition 'c- C e � c �t, Current Zoning:� Reason for Special Square footage/acreage: ve you operate a business in a city which required a business license? No � If Yes, which City? I es, what type of business? Was that license ever denied or revoked? Yes No ti/ r�V � I�� r � V I Y ti r/Y � r� I� I/� r/� I/ r r A� �/� I� r/� i Ar /�/� I� I/ V/ Y/ Y r/ � I t N�V I 1 V/ V/� r �� r A i� Y r.� �� Y�/ Y ti^ r/ AI /Y i� r^ I/ V/� I/ r� �� r/� I Ar /� I� I�V / Y/� I AI I Y� V A Y r� I� 1 r� Y r� I i/ � ti/� r��/� I A v 1► r/ Y r A I1 V� I�V FEE OWNER {NFORMATION (as it appears on the property title) (Contrac purchasers: F;ee ow e�s must sign t's form prior to processing.) NAME: Lc�� a.v�— C-t.�rc �— a �t1 i C, l i�. ADDRESS: `c r�e � c � - DAYTfME PHONE: � 3� s�- �-f �-3 Yo SiGNATURE/DATE. ' ✓ � �l ��,.- � � NAME: '1��.h�,._ r� ° d— i� ��''l ADDRESS: SO ► �� fe P�' �v, c �� DAYTIME PHONE: �6 3 S�- �f �3 �{t SIGNATURE/DATE: C � Section of City Code: � FEES � Fee: $100.00 Residential Second Accessory $400.00 Others A lication Number: `� Receipt #: �� Received By: eduled Planning Commission Date: er� l?, ,�(�oa c eduled City Council Date: �p�'1 aa ,�c�°� 10 Day Application Complete Notification Date: p�yt�e h I/�,.�D� 60 Dav Date: �K�r� l� 9. � OD� -;: � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 506 Rice Creek Terrace NE. CASE NUMBER: S ecial Use Permit, SP 02-04 APPLICANT: Shannon Wright & Llyod Nietling Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: For a second accessory structure (garage). LOCAT/ON OF 506 Rice Creek Terrace NE PROPERTY AND LEGAL Lot 11. Biock 5, Rice Creek Terrace NE. DESCR/PT/ON: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, April 3, 2002, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March 28, 2002. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: March 21, 2002 March 28, 2002 �� J � ANDERSON JOHN H 549 RICE CREEK TER NE FRIDLEY,MN 55432 BOSWELL ROBERT S& GAYLE M 6800 WASHiNGTON ST NE FRIDLEY,MN 55432 CURRENT RESIDENT 6735 7TH ST NE FRIDLEY,MN 55432 FINK JOHN W& LYNN C 465 RICE CREEK TER NE FRIDLEY,MN 55432 GRAGE ARMOND H& F E 6830 7TH ST NE FR{DLEY,MN 55432 HERRiCK VIRGiL C & SHIRLEY 477 RICE CREEK TER NE FRIDLEY,MN 55432 JACHYMOWSKI JAMES & DIANE 5820 7TH ST N E FRIDLEY,MN 55432 KNIGHT GARY L& MARLENE A 513 RICE CREEK TER NE FRIDLEY,MN 55432 ASPROTH ANN E 470 RfCE CREEK TER NE FRIDLEY,MN 55432 BULGER BRADLEY S 540 68TH AVE NE FR{DLEY,MN 55432 DfBOS DONALD J& NANCY L 500 RICE CREEK BLVD NE FRIDLEY,MN 55432 FISCHBACH RICHARD L& K D 6810 7TH ST NE FRIDLEY,MN 55432 GREEN DAVID A 8� SUZZANNE M 525 RlCE CREEK TER NE FRIDLEY,MN 55432 HUGHES BARBARA L 548 RICE CREEK TER NE FRIDLEY,MN 55432 JOMNSON A JOYCE 6831 7TH ST NE FRIDLEY,MN 55432 KNOFF WILLIAM S 8 ELAINE B 6776 7TH ST NE FRIDLEY,MN 55432 NtETLING LLOYD &WRIGHT SHANNON OLLILA STEPHEN P 506 RiCE CREEK TER NE 6811 7TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 BELKO MICHAEL A& MYRNA M L 561 R{CE CREEK TER NE FRIDLEY,MN 55432 r C� CHRISTENSEN DAVtD D& YVETTE M 6726 7TH ST NE FRIDLEY,MN 55432 EDINGER SUZANNE C 536 RICE CREEK TER NE FRIDLEY,MN 55432 FRID EY CITY OF Bad A ess 1 FRID MN 55432 GREENLAW DAVID K 6766 7TH ST NE FRIDLEY,MN 55432 INGALDSON GERALD G & MARY � 6777 7TH ST NE FRIDLEY,MN 55432 KNAPTON ROLAND B& BONNfE S 537 RICE CREEK TER NE FRIDLEY,MN 55432 NELSON ROBERT L& CONNIE J 524 RICE CREEK TER NE FRIDLEY,MN 55432 PAUIiCK GLENN A& LINDA S 6800 7TH ST NE FRIDLEY,MN 55432 PRAIRIE ANITA RADKE PATRICIA L RICHTER DAVID F& MARLENE M. 489 RICE CREEK TER NE 6756 7TH ST NE 6746 7TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 �OSHOLT GREGORY D & SUSAN E �82 RICE CREEK TER NE �RIDLEY,MN 55432 . �NALDROP JOHN 8� RENEE A -358 RICE CREEK TER NE =RIDLEY,MN 55432 ZEMBAL JOHN G& JOETTE M 0821 7TH ST NE �RIDLEY,MN 55432 � � SARETTE FRED A& ARELLA M 494 RICE CREEK TER NE FRIDLEY,MN 55432 YOUNGREN RONALD R & PHYLLlS 6736 7TH ST NE FRIDLEY,MN 55432 ZURAWSKI JOHN S& DARLENE M 6767 7TH ST NE FRIDLEY,MN 55432 SAXTON JEAN C 6801 7TH ST NE FRIDLEY,MN 55432 ZAWISLAK FLORENCE D 497 RICE CREEK TER NE FRIDLEY,MN 55432 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, April 3, 2002, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #02-04, by Shannon Wright and Lloyd Nietling, for a second accessory structure (garage), lega�l� described as Lot 11, Block 5, Rice Creek Terrace Plat 4, generally located at 506 Rice Creek Terrace NE. Any and al]: persons desiring to be heard shall be given an opportuni�y at the above stated time and place. An�r questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599. • Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids � should contact Roberta Collins at 763-572-3500 no later than March 28. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: March 21, 2002 March 28, 2002 • • _ _ CITY OF FRIDLEY FRID[,EY MliNICIPAL CENTER • 6431 UNIVERSITY AVE. i�1.E. FRIDLEY, h1N 55432 •(763) 571-3450 • FAX (763) 571-1287 March 11, 2002 Shannon Wright and Lloyd Nietling 506 Rice Creek Te�race NE Fridley MN 55432 Dear Ms. Wright and Mr. Nietling: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their iand use apptications are complete. We officially received your application for a special use permit on March 1, 2002. This letter serves ta inform you that your application is complete. � Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on April 3, 2002 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your special use permit on April 22, 2002 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, ► -, : , � v�" '.�, `�:� �'�'�� Stacy St�mberg Planner' C-02-25 � � � .� ` . � City of Fridley Land Use Application SP #02-05 April 3, 2002 GENERAL INFORMATION SPECIAL INFORIVIATION Applicant: Timothy Miller 591 Dover Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow a second accessory structure over 240 square feet. E.cisting Zoning: R-1 (Single Family Residential) Location: 591 Dover Street Size: 14,850 sq. ft. .34 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 � E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1922 — Lot is platted. 1949 — Home built pre-1949. 1963 — Detached garage built. 1991— Dover Street vacated. 1998 — Building permit issued to construct a basement and add a foyer. Legal Description of Property: Lots 18 thru 21, Block K, Riverview Heights Public Utilities: Home is connected. •Transportation: Broad Avenue would provide access to the proposed garage. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Miller is seeking a special use permit to allow the construction of an 840 square foot accessory structure. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipu7ations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district, provided the total square footage of all accessory building doesn't exceed 1,400 square feet. The current gazage is 534 square feet and the proposed accessory structure is 840 squaze feet. The total of all accessory buildings, existing and proposed is 1,374 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — April 22, 2002 60 Day — April 29, 2002 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg � M • ,. SP #02-05 REQUEST The petitioner, Timothy Miller is seeking a special use permit to allow the construction of an 840 square foot second accessory building at his residence at 591 Dover Street. The proposed building will be used for vehicle parking. ANALYSIS The property is addressed off of Dover Street, however, it is accessed from Broad Rvenue. The dimensions of the lot are 110 ft. by 135 ft. and it's a rectangular shape. The existing home was built prior to 1949, the existing garage was built in 1963, and there was a building permit issued in 1998 to construct a basement and to add a foyer to the home. Existing home and the existing garage is located on the east side of the home Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing garage is 534 square feet and the proposed accessory structure is 840 square feet. The existing garage, plus the proposed accessory structure are a total of 1,374 square feet, which is 26 square feet less than the total allowed by Code. � C� The proposed garage will be setback approximately 58 feet from the front yard property line. The proposed garage meets all other setback and lot coverage requirements. City staff hasn't received any comments from neighboring property owners. • � • Proposed Garage Location � RECOMMENDATIONS City Staff recommends approval as second accessory structures over 240 square feet are permitted with a special use permit in the R-1 Single Family District. STIPUl.ATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shali obtain a(I necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. All vehicles shall be stored on a hard surface as approved by the City. 4. Total square footage of all accessory structures must not exceed 1,400 square feet. 5. Garage shall be architecturally compatible with existing home and finished with compiementary siding and color scheme. � �-��`"� �.—'— , tk, j � , j •'%:.. �J�" � � J; e' � � Lc: i� � � / . /Y: d / rt -Tl�.�.. 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L� Do v c. �... `�--�- �,.c. c:.--� . . - �,.,��,,, � � . . -�,�. - CITY OF FRIDLEY �1 UNIVERSITY AVENUE DLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY tNFORMATION: (site plan required for submittal, see attached) Address: ,��II D��¢�' S � l�2 Property Identification Number: Legal Description: Lot !�`- a-1 Block _�_ TractlAddition Current Zoning: Square footage/acreage: 54 s�' Reason for Special Use: � o bu: L�I � G��S� Have you operated a business in a city which reauired a business license? �No � If Yes, which City? es, wha� type o business? Was that license ever denied or revoked? Yes No 1V �V /�r�V �rM^rw�Arwr�Yr�r/bw�r�V Ar�r�Y7/�r�r1V/�r�rti/r�rwrArtiwr�V/�r1r�w/�r�YrMwr/Y�wr�r/�rr�rti�r�V r^rl�r�r�Vw�r�r�r/�rArwr�riwrAr�V^I�V1Vti/VA1Ar/VwMAr�Y�Yrwr/V FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must si this form prior to p�ocessing.) NAME:T%T^/�'1J1h J� �t, ; � ADDRESS: ! p rw^ s1 Ne : d�� DAYTIME PHONE: '7� 3-'i� -B'7L6 SIGNATURE/DATE: 02_- 0�8'- c9o2'�' � - rw�.wrrrnr.r�.r�.�rwrw.rw.�r�r�rrw�.^rwrwr�r�r.�r.�r�r.rww�r�wrwrwrr�rr.�rwrrw�r^r..�wrr+�r��wr�r�ri►rw�r�r�+wri�r�r�.r�rwr�rwr�..rnr�rwr.�rwrrwirwr NAM E -'Tis'1��7/,, ADDRESS: S° / -� DAYTIME PHONE: l�'► i l <er �d/e� �� 55�1 �02 SIGNATUREIDATE"�1.� wr.�r.�r.�.rr�+�vwr�.r.rr.ir�..�rw.w�.rw.rwrnr...rr..r^.r..wr.►^..�r�r.r...r.vrrrwr�.rwrr.�..�..�r...r..r.r.�rw.�+r�....r�.�rrr..r�rrwrrwr�v�r�rrr�..rwr�rw.wrr�.rr Section of City Code: FEES �/ � Fee: $100.00 .'� Residential Second Accessory $400.00 Others Application Number:S� ('�,�-oS Receipt #: c�J Received By: �eduted Planning Commission Date: ��„�,�('� ? _ eduled City Council Date: n� a� aav�. 10 Day Application Complete Notification Date: ��t " � l� ZG�az. 60 Day Date: �9, aoo� T CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: AN property owners/residents within 350 feet of property generally located at 591 Dover Street NE. CASE NUMBER: S ecial Use Permit, SP #02-05 APPLICANT: Timothy Miller Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: For a second accessory structure (garage). LOCAT/ON OF 591 Dover Street NE. PROPERTYAND LEGAL Lots 18 — 21, Block K DESCR/PTION: DATE AND TlME OF Planning Commission Meeting: HEARING: Wednesday, April 3, 2002, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/C/PATE: 2. You may send a letter before the hearing to Paul Bo1in, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. . SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March 28, 2002. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Pfanner, at 763-572-3595. Publish: March 21, 2002 March 28, 2002 � • L.J City of Fridiey �� ; Special Use Permit Request F; 1 1 ,�� , � �� 1 �� r ' --.--,--. LEGEND N � Timothy Miller A 591 Dover Street N E Map Date: sa��s: Fridley Engineering Fridley GIS Anoka County GIS 3/ 19/02 C JOHNSON NORMAN L& MAXINE M 515 DOVER ST NE FRIDLEY,MN 55432 KOCZUR JOHN JR 680 ELY ST NE FRIDLEY,MN 55432 LAGESSE GARLAND C JR & JANE 7951 BROAD AVE NE FRIDLEY,MN 55432 MALONE MICHAEL J & KATHLEEN 635 ELY ST NE FRIDLEY,MN 55432 MELCHERT SCOT P& MARY H 827 CHERYL ST NE rRIDLEY,MN 55432 NASON CLARK A S� MARJORIE M 814 CHERYL ST NE FRIDLEY,MN 55432 ?EABODY TROY & ANNA L 376 LABORE RD #107 �ITfLE CANADA,MN 55117 REYNOLDS ERWIN B 530 ELY ST NE FRIDLEY,MN 55432 SCARCELIA STACEY D 8090 BROAD AVE NE FRIDLEY,MN 55432 JOHNSON WILLARD J& DONNA K 560 FAIRMONT ST NE FRIDLEY,MN 55432 KOSTOHRYZ GERALD & PATRICIA 609 CHERYL ST NE FRIDLEY,MN 55432 LINDSTROM IRVIN W & HARRIET 540 DOVER ST NE FRIDLEY,MN 55432 MALOY JOHN E 8051 BROAD AVE NE FRIDLEY,MN 55432 M(LLER TtMOTHY 591 DOVER ST NE FRIDLEY,MN 55432 OHOTTO ARTHUR A & JEANETTE 542 ELY ST NE FR(DLEY,MN 55432 PETERSON JAMES T& LYNDA S 7995 BROAD AVE NE FRIDLEY,MN 55432 ROSSI DAVID A 620 DOVER ST NE FRIDLEY,MN 55432 SHOGREN RANDY & MARY 524 DOVER ST NE FRIDLEY,MN 55432 KELLER T P& VAN WAGNER SARA L� 625 DOVER S7 NE FRIDLEY,MN 55432 � LAFAVE MICHAEL A& JUDITH A 640 DOVER ST NE FRlDLEY,MN 55432 MAHADEO COMAL P & RAJWANT! 136 71 1/2 WAY NE FRIDLEY,MN 55432 MARTH DAWN M 641 DOVER ST NE FRIDLEY,MN 55432 MOTYL GERALD LEE & SUSAN M 526 ELY ST NE FRIDLEY,MN 55432 PAINTER SCOTT D& SUSAN M 541 DOVER ST NE FRIDLEY,MN 55432 PROKOP LEONA G 552 FAIRMONT ST NE FRIDLEY,MN 55432 RUTHERFORD ROBERT & NANCY 610 DOVER ST NE FRIDLEY,MN 55432 SWARD DENISE A 631 DOVER ST NE FRIDLEY,MN 55432 WALETKO KEITH J WIGREN JOHN R& LORETTA M ZACHMAN GERALD R 537 ELY ST NE 567 ELY ST NE 5249 ODGREN AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 ROGERS,MN 55374 � � �3ad ddress 2 ADELMAN STEVEN R BANNOCHfE GARY P& SALLY K , 8080 BRUAD AVE NE 665 DOVER ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 � 3ERGLUND SCOTT & CHRISTINA A �63 ELY ST NE =R10LEY,MN 55432 �RUESCH JANEL� 549 ELY ST NE �RIDLEY,MN 55432 :;LARK CONSTANCE K �30 CHERYL ST NE FRIDLEY,MN 55432 �URRENT RES{DENT a24 DOVER ST �RIDLEY,MN uU�NT RESIDENT �90 FAIRMONT ST NE �RIDLEY,MN 55432 �URR N RESIDENT a50 D ER ST NE � �RIDL ,MN 55432 JiCKSON SHARON L �00 EL.Y ST NE =RIDLEY,MN 55432 NALDORSON VERN A & DIANNE �14 DOVER ST NE �RIDLEY,MN 55432 BOOTS GERALD R& CHRISTI A 615 CHERYL ST NE FRIDLEY,MN 55432 BRUMBACK LANIER C& ALTO S L 640 FAIRMONT ST NE FR{DLEY,MN 55432 Cf�PELAND DONALD O & EVELYN 7981 BROAD AVE NE FRIDLEY,MN 55432 CURR T RESIDENT 526 DO R ST NE �(� FRID Y, N 55432 CURRE RESIDE�� 625 E ST N E FRI EY,MN 55432 CU . RENT RESIDENT Sad ess 1 FRI Y,MN 0 DRONEN RICHARD G & PEGGY 523 ELY ST NE FRIDLEY,MN 55432 HANSON DONALD L& JAN{CE C 511 DOVER ST NE FRIDLEY,MN 55432 SRECOUNT TIMOTHY J& CHERYL E 580 FAIRMONT ST NE FRIDLEY,MN 55432 CAROON LEO H 8� LUELLA 521 DOVER ST tVE FRIDLEY,MN 55432 CURRENT RESIDENT 520 DOVER ST NE FRIDLEY,MN 55432 CURRENT RESIDENT 530 DOVER ST NE FRIDLEY,MN 55432 CUR T RESIDENT , 630 ST NE FRiDL Y,MN 55432 DAHLBERG DOUGLAS C 651 ELY ST NE FRIDLEY,MN 55432 ERICKSON WtLLiAM E 650 ELY ST NE FRIDLEY,MN 55432 HERNANDEZ OOUGLES R & KATJA 8081 BROAD AVE NE FRIDLEY,MN 55432 H ND FOR CITY OF FRIDLEY HUDYMA KIM B& KIMBERLY A JENSEN SCOTT A& SHARON M n4��VERSiTY AVE NE 641 CHERYL ST NE 531 DOVER ST NE RI ��Y,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 c ,. � 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 LTniversit�r Avenue N.E. on Wednesday, April 3, 2002, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #02-05, by Timothy Miller, for a second accessory structure (garage), legally described as Lots 18-21, Block K, generally located at 591 Dover Street NE. Any and all persons desiring to be heard shall be given an apportunity at the above stated time and place. An�r questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March � 28. The TDD number is 763-572-3534. Publish: March 21, 2002 March 28, 2002 C� DIANE SAVAGE CHAIR PLANNING COMMI5SION � � CITYOF FI�DLEY FRIDLEY �(UNICIP?1L CEtiTER • 6-�31 UNIb'ERSITY:�VE. �i.E. FRIDLEY, MN 5��33 �(763) �71-34j0 � FAX (763) 571-1287 March 11, 2002 Timothy Joseph Miller 591 Dover Street NE Fridley MN 55432 Dear Mr. Miller: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We afficially rece+ved your appiication for a special use permit on March 1, 2002. This letter serves to inform you that your application is comp(ete. � Your Special Use Permit application hearing and discussion wiN take place at the City of Frid(ey P(anning Commission Meeting on April 3, 2002 at 7:30 P.M. in the City Counci! � Chambers at 6431 University Avenue. The City of Fridley City Counci! wil! take final action on your special use permit on Apri! 22, 2002 at 7:30 P.M. !f you have any questions regarding this (etter or the process, please feel free to contact me at 763-572-3595. Sincereiy, ,: �ti �t�,�ll�,� �� i.LT-t i'.,�,,.� !� T Stacy Siromberg Planner ., C-02-26 �