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PL 01/15/2003 - 30900CITY OF FRIDLEY � PLANNING COMMISSION MEETING, JANUARY 15, 2003 CALL TO ORDER: Vice-Chairperson Kondrick called the January 15, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Barb Johns, Larry Kuechle, Dean Saba, LeRoy Oquist Members Absent: Diane Savage, Brad Dunham Others Present: Stacy Stromberg, Planner Thomas Sutherland, 5850 7�' Street NE Bruce Nedegaard, President, Nedegaard Construction APPROVE THE DECEMBER 18. 2002. PLANNING COMMISSION MEETING MINUTES: Ms. Johns stated she was listed as being "presenY' at the meeting, but she was not. MOTION by Ms. Johns, seconded by Mr. Kuechle, to approve the December 18, 2002, Planning Commission meeting minutes as amended. ^ UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED - THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP 03-01, by Thomas Sutherland, to construct a 28 foot by 32 foot second accessory structure (detached garage) in the rear yard of the property, generally located at 5850 - 7�' Street. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of an 896 square foot accessory structure in the rear yard of his residence at 5850 7�' Street. The building will be used for vehicle parking and storage. Ms. Stromberg stated Section 205 requires a special use permit to allow accessory buildings other than a first accessory building over 240 square feet. The Code also requires that the total square footage on the accessory structure cannot exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,193 square feet. The existing shed in the rear yard will be removed upon approval of the special use permit. Ms. Stromberg stated the City Code also requires that all driveways and parking stalls be set � back three feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. The petitioner plans to construct the proposed driveway right up PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 2 to the south property line. He has submitted a signed letter from the adjoining property owner, authorizing the placement of the proposed driveway to the properly line. Ms. Stromberg stated the proposed accessory structure will be accessed off 7�' Street and will require an additional curb cut. The City's Engineering staff has reviewed the proposed accessory location and has approved the additional curb cut. Ms. Stromberg stated City staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall install Code-required hard surFace driveway within 12 months of issuance of the building permit. 2. The 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 hard surface as approved by the City. 5. All accessory structures must not exceed 1,400 square feet. 6. The garage will be architecturally compatible with the existing home and finished with complementary siding and color scheme. Mr. Oquist asked if staff had heard from any of the neighbors. Ms. Stromberg replied, no, they have not. Mr. Kondrick read a letter from Ms. Kathy Sinner who has no objection to this special use permit and Mr. Sutherland's garage. � MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive into the record a letter from Kathy ' Sinner at 5840 7th Street NE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Johns asked about the rain water runoff onto the hard surface. She noted the water spout on the side of the house of the proposed new driveway and that the petitioner does not have any rain gutters. Mr. Thomas Sutherland, 5850 7�' Street NE, stated that he has talked to the gentleman that will be doing the driveway and there will be a slope in the driveway coming off the side of the house so the water will run to the front of the house and the back of the house, plus he plans to put on gutters. Mr. Kondrick asked Mr. Sutherland if he had any problems with any of the stipulations. Mr. Sutherland replied he was agreeable to the stipulations. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M. Mr. Kondrick and Mr. Saba stated they had no problem with this request. � PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 3 Mr. Oquist stated when he saw the plans, he first thought that it is a large building in a small � backyard, but no one is opposed. Mr. Kuechle stated he sees no problem with the request, and he is especially happy that the petitioner has an actual recent survey. Because the building is so large, they can be assured that the garage will be built on the right spot and not on the neighbor's lawn. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP 03-01, with the following stipulations: 1. The petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. The 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. All accessory structures must not exceed 1,400 square feet. 6. The garage will be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this will be in front of the City Council on January 27, 2003, and will be in the same room, at 7:30 p.m. and thanked the petitioner for coming. ^ 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP 03-02, by Nedegaard Construction Company, '" Inc., to construct a second accessory structure (garage), generally located at 1305 - 53`� Avenue NE. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. . UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of a 561 square foot accessory structure attached to the home at 1305 - 53`� Avenue. The structure will be used for RV storage. The property is zoned R-1, Single Family, and is located at the intersection of 53`� Avenue and Fillmore Street. The property was platted in 2001, and new homes have been constructed on finro of the neighboring properties. The proposed home will front on 53ro Avenue. The proposed accessory structure will open in front on Fillmore Street. Ms. Stromberg stated Section 205 requires a special use permit to allow second accessory buildings over 240 square feet. Typically these requests involve a property owner who wishes to construct an additional detached garage in the rear yard. In this particular instance, both of the garages are attached to the home. The main garage is proposed to be 600 square feet and face 53`� Avenue. The proposed second accessory structure is a 561-square foot RV storage garage which face Fillmore Street. Ms. Stromberg stated the City Code also requires that the total square footage of accessory /1, structures cannot exceed 1,400 square feet. The total square footage of both the proposed main garage and the proposed second accessory structure is 1,161 square feet. PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 4 Ms. Stromberg stated City staff recommends approval of the special use permit with the following stipulations: ,� 1. The grading and drainage plan shall be approved by City engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. During construction, silt fencing shall be used where applicable and streets cleaned as needed. 3. The petitioner should pay a$1,500 park dedication fee prior to issuance of building permits. 4. At British Petroleum's request, the petitioner shall agree to not build closer than 25 feet from the center line of the BP Pipeline on this lot. 5. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 6. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches befinreen structures. 7. As the Zoning Code requires, the garage may not extend more than 5 feet in front of the home. The petitioner shall bring the home design into compliance prior to the issuance of any building permits. 8. As the Zoning Code requires, second accessory structures with doors opening onto a side street shall be set back 25 feet from the property line. The home must be relocated on the lot or otherwise brought into compliance prior to issuance of any building permits. Ms. Stromberg stated the petitioner has already complied with stipulations 7 and 8. Mr. Kondrick asked the petitioner to approach the podium. Mr. Bruce Nedegaard, President of Nedegaard Construction, stated they have no problems with the stipulations. Mr. Kuechle asked where the pipeline runs? Mr. Nedegaard stated it runs parallel to 53`� Avenue. Mr. Kuechle asked if the driveway would be over the pipeline? Mr. Nedegaard replied that, no, not all of the petitioner's driveway. It will run with 53`�. It will be the same as the house next door, and there was no problem with that home. Mr. Kuechle asked whether the utilities ran under the pipeline? Mr. Nedegaard replied, yes, they did the same thing for the house next door. Mr. Kondrick asked whether there was any problem with water runoff considering the fact they have to watch how far above the pipeline that they get with the grading and so forth so the water can exit the property without any problem. Mr. Nedegaard stated with the front yard, it will all exit towards 53`� Avenue and out onto the street. Again, basically the same as the house on the right. �, MOTION by Mr. Saba, seconded by Ms. Johns, to close the public hearing. ,� PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 5 UPON A VOICE VOTE, ALL VOTING�AYE, VICE-CHAIRPERSON KONDRICK DECLARED � THE MOTION CARRIED AND THE P�UBLIC HEARING WAS CLOSED AT 7:49 P.M. ` MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of Special Use Permit 03-02 with the following stipulations: 1. The grading and drainage plan shall be approved by City engineering staff pdor to issuance of any building permits, in order to minimize impacts to the surrounding prope�ties. 2. During construction, silt fencing shall be used where applicable and streets cleaned as needed. 3. The petitioner should pay a$1,500 park dedication fee prior to issuance of building permits. 4. At British Petroleum's request, the petitioner shall agree to not build closer..than 25 feet from the center line of the BP Pipeline on this lot. : 5. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 6. Utilities crossing the BP Pipeline must be located below it and have a�minimum clearance of 12 inches befinreen structures. , . . 7. As the Zoning Code requires, the garage may not extend more than 5 feet in front of the home. The petitioner shall bring the home design into compliance prior to the-issuance of any building permits. - 8. As the Zoning Code requires, second accessory structures with doors opening onto a side street shall be set back 25 feet from the property line. The home must be relocated on the lot or othetwise brought into compliance prior to issuance of any building permits. � UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED -� THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this special use permit will go before the City Council on January 27, 2003. 3. RECEIVE THE MINUTES OF THE DECEMBER 2. 2002 PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the December 2, 2002, Parks and Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE DECEMBER 17. 2002. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Oquist, to receive the December 17, 2002, Environmental Quality & Energy Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE DECEMBER 12. 2002 HOUSING AND �� REDEVELOPMENT AUTHORITY MEETING. PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 6 MOTION by Mr. Kuechle, seconded by Mr. Saba, to receive the December 12, 2002, Housing and Redevelopment Authority meeting minutes. � UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED `� THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg updated the Commission members on past Planning Commission and City Council actions. Ms. Stromberg stated the February 5, 2003, Planning Commission has been cancelled. Ms. Stromberg stated the Commission Appreciation Dinner is Sunday, February 2, at 5 p.m. at Joe DiMaggio's. Mr. Kuechle asked if staff has had any discussion about the number of special use permits they are getting for second accessory buildings. Does staff feel they are receiving too many of these requests, or is the comfort level still there? Ms. Stromberg stated she believed the comfort level is still there. They have gotten quite a few requests for second accessory buildings in the last couple of years, but she believed staff still wants to keep them as a special use so they can put the stipulations on them. Mr. Oquist stated it also gives the neighbors a chance to know what is going on. The one special use permit at this meeting is really quite a large structure for the size of the lot. �-, Mr. Kondrick asked Ms. Stromberg if any citations or any letters of noncompliance have been given to residents relating to recreational vehicles parked too close to the street. Ms. Stromberg replied there has not been. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Oquist, to adjoum the meeting. � A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JANUARY 15, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, � � �� Denise M. Letendre � Recording Secretary r"�