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06/20/1994 - 4922t OFFICIAL CITY COIINCIL AGENDA COIINCIL MEETING JUNS Z0� 1994 �� - '� FRIDLEY CITY COUNCIL MEETING � �� unroF �, ` F!��-� ATTENDENCE SHEE�9 9 4 Monday, June 20, , 7: �j0 P.M. _ . . a . . • PLEAS PR� NAME, ADDRESS AND ITEM NUMBER Y.OU ARE INT R . � C�,�O � � � �!0✓'e 1'��t�� 1��1��, C�C, PRINT NAME (CLEARLY) ADDRESS � � �� l _ � �aw�► �► y� v v /Vo ,�;.r,�s � C�� ,� M �)v � �1� �� l-�� .�, � ti � r� �� , `�' �-- � i.�7_G� ✓1 i'j � _ ��.� S 7"�� P�j`/Y"S��°1f� �i:� �`7�c.�..�a , L. �- �'u ,� r ,� � ,r �� L �yt c6�G �?��n �t 7 /G� tr��rC C/a j � z r�1 �/�� /�� l-� � �� '=i'�'� �� ;✓1 �r;�7��c� L � � r� ,� �� <�� . ___--- O � �� '� �� -_�-�:�-°� � . � �1 L� 0 {��1 !'' � ;?� �,� �� lvD.�a �'-�-` �T �� /7 ��,:�..�, � /Ua '{%C> U C ( E � '`� r L: ��- � ��,�� C�-�� c�� . �ts , TED IN �� .� l—,�"� /30 ! � ,�o ` � � / J � �,,� � �ztiy ,� �. ,t/ , /_ �=� � c� C� :� l'��L ft�/ rU� lv-��'d G'''��`�e.� c� v� �'1��' 1b/� -�-L/h�� '�� i"i4 /�'�/ � � c� 12, c �. � �-.�-u ,� � � � D.�-1_- �, `�' 2 � Y'�t��(/ �� .�� , s`5`� "L %/l l/r�Uyc� 5`T �� ,� �l �� i?�i � v��„�qY �^ �� 2S� � �f€��d� � � 51 � �� I( �� ,,j� J 11 � � � �,� �, �' `�n ,��e � �-� � S �� . � ��- Ui� � ��c�- ,� .�(Z��jh-2 l�Z� �u � �7 �� Q �J ITEM NUMBER �� - � -� � -- 3,5�5 � � � _ � � �� , ��-E-�- �.� �-` �� f� n��U�. � S�� ,�' l/ �-a- l � � �_ � � �N�ti�L ��1�� F � . , . s_� �� - � r�� :�'��, . _. i� � . �G�.�� -t.��-� � wr.��, �s �� l (� 'Z i Z�- �� l� �.� ��r �c� �v� c�; �JSJC� � / ?� � I _ / L/ (O � t�n- t•� ce._,_ �.-C:c 1.� �_ / 7 3 �J' � � � /~� � �-�s v ��- �,. �;,t,t u � G ��t� � (� � �. � �� - � 5 y�� f//� �1 /�F6" �/ �'�`�--Cl �/.' � L � C- � � . � � .i � ,�� f�� c �+� �= �� s , ��r� e� �v�� rR ^-� ,'V� v� i s-s 3 5� c.�, �� c'.� �s y3� J��3 E,�7i�,hi �1 �.�ck �. v�a.�. t s l��' t-�-�� v�� . 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FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 Page 2 PUBLiC HEARING: Proposed Transfer of Control of CAT1/ Operations in Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 NEW BUSINESS: Meeting Regarding Centrai Avenue Bicycle Path . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2C PUBLIC HEARINGS �CONTINUED): Rezoning Request, ZOA #94-02, by Forrest Harstad of Twin City Townhomes, to Rezone Property from R-1, Singie Family Dwelling, to R-3, Generai Muitiple Family Dwelling, to Ailow the Construction of 46 Townhomes, Generally Located at 971 Hillwind Road N.E. . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3.55 and, Vacation Request, SAV #94-02, by Forrest Harstad of Twin City Townhomes, to Vacate a Portion of Property Genera!!y Located at 97i Hillwind Road N.E. and, Piat Request, P.S. #94-04, by Forrest Harstad of Twin City Townhomes, to Replat Property Generally Located at 971 Hillwind Road N.E. FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 Page 3 OLD BUSINESS: Receive an Item from the Appea(s Commission Meeting of May 24, 1994: . . . . . . . . . . . . . . . 4 - 4K A. Variance Request, VAR #94-05, by Chris Rodgers, to Reduce the Front Yard Setback from 35 Feet to 22.4 Feet to Allow the Construction of an Addition, Generally Located at 6050 Sixth Street N.E. (Tabled June 6, 1994.) NEW BUSINESS �CONTINUED): Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permi# to Totino-Grace High School . . . . . . . . . . . . . . . . . 5 - 5F First Reading of an Ordinance Repealing Chapter 220 of the Fridley City Code and Adopting a New Chapter E�titled "Residential Ren#al Property Maintenance and Licensing CodeN . . . . . . . . . . . . . . . . . . 6 - 6.43 First Reading of an Ordinance Approving a Rezoning Request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to Rezone Property from C-3, Generai Shopping Center District, to M-1, Light (ndustrial, Generally Located on Highway 65 South of Fireside Drive and North of 73 1/2 Avenue .... .............. 7-7B FRIDLEY CITY COUNCIL MEETlNG OF JUNE 20, 1994 Page 4 NEW BUSINESS (CONTINUED): First Reading of an Ordinance Approving a Vacation Request, SAV #94-01, by Scott Lund and Alvan Schrader, to Vacate a 15 Foot Drainage and Utility Easement, Generally Located on Highway 65 South of Fireside Drive and North of 73 1/2 Avenue Resolution Approving a Plat Request, P.S., #94-01, by Scott Lund of Rite-Way Mobile Home Repair, Generally Located on Highway 65 South of Fireside Drive and North of 73 1 /2 Avenue . . . . . . . . ............ 8-8E .............. 9-9E First Reading of an Ordinance Approving a Zoning Text Amendment, ZTA #94-01, by William Turner, to Recodify the Fridley City Code, Chapter 205, Entitled uZoning," by Amending Sections 205.03, 205.14.1.B, 205.14.1.C, 205.15.1.B, and 205.15.1.0 . . . . . . . . . . . . . . 10 - 101 Receive an Item from the Minutes of the Planning Commission Meeting of May 4, 1994: ....................................... 11-111 A. Special Use Permit, SP #94-06, by William Turner, to Allow Seasonaf Daily Outdoor Sales of Food (Mini Doughnuts), Generally Located at 8450 University Avenue N.E. (1Nal-Mart Store) . . . . . . . . . . . . . . . . . 11 - 11 i FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 Page 5 NEW BUSINESS �CONTINUED): Receive the Minutes of the Planning Commission Meeting of June i , 1994 : . . . . . . . . . . . . . . . . 12 - 12.88 A. Special Use Permit Request, SP #94-03, by Gordon Hedlund, to Allow Construction in the CRP-2 District (Flood Fringe), Generally Located on the South Side of Buffalo Street East of Riverview Terrace . . . . . . . . . . . B. Special Use Permit Request, SP #94-04, by Gordon Hediund, to Allow Construction in the CRP-2 District (Flood Fringe), Generally Located on the South Side of Cheryl Street West of Broad Avenue . . . . . . . . . . . . . . . . . ................. C. Special Use Permit Request, SP #94-05, by Gordon Hedlund, to Allow Construction in the CRP-2 District (Flood Fringe), Generaf(y �ocated on the North Side of Dover Street West of Broad Avenue . . . . . . . . . . . . . . . . . ................. 12 - 12.11 12.21 - 12.41 12.11 - 12.15 12.42 - 12.58 12.15 - 12.17 12.59 - 12.78 Supplemental Information Packet for Special Use Permit Requests, SP #94-03, SP #94-04, and SP #94-05 . . . . . . . . . 12.79 - 12.88 FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 Page 6 NEW BUSINESS (CONTINUED): Receive an Item from the Minutes of the Planning Commission Meeting of May 18, 1994: ........ ................................... 13-13.55 A. Resolution Denying a Wetland Replacement Plan, WR #94-01, by Paul Harstad, per Section 205.27 of the Fridley City Code, to Allow Filling of a Wetland for Construction of a Single Family Dwelling, Generally Located at 5470 East Danube Road N.E. 13 - 13.55 Receive an ltem from the Appeals Commission Meeting of May 24, 1994: . . . . . . . . . . . . . . . 14 - 14X A. Variance Request, VAR #94-04, by Paul Harstad, to Reduce the Front Yard Setback from 35 Feet to 20 Feet in Order to Minimize Wetland Impact and Allow the Construction of a Single Family Home, Generally Located at 5470 East Danube Road N.E.; AND to Reduce the Front Yard Setback from 35 Feet to 25 Feet to Minimize Wetland Impact and Allow the Construction of a Single Family Home, Generally Located at 5490 East Danube Road N.E. Receive an Item from the Minutes of the Planning Commission Meeting of June 1, 1994 (Continued): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15N D. Special Use Permit, SP #94-07, by Amoco Oil Company, to Allow the Expansion of an Automobile Service Station, Generally Located at 5311 University Avenue N.E. . . . . . . . . . . . . . . . . . . . ...................... 12.17 - 12.19 15 - 15N � }6 FRtDLEY CITY COUNCiL MEETING OF JUNE 20, 1994 Page 7 NEW BUSINESS �CONTINUED): Receive an Item from the Appeals Commission Meeting of May 24, 1994 (Continued): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16L B. Variance Request, VAR #94-03, by Amoco Oii Company, to Reduce the Setback from an Adjacent Residential District from 50 Feet to 19 Feet and to Reduce the Hard Surface Setback from 5 Feet to 0 Feet to A!!ow the Expansion of an Automobile Service Station, Genera!!y Located at 53i 1 University Avenue N.E. . . . . . . . . . . . . . . . ... 16-16C Receive Items from the Appeals Commission Meeting of June 7, 1994: . . . . . . . . . . . . . . A. Variance Request, VAR #94-06, by Miller Funeral Home, to lncrease the Amount of Free-Standing Signage from 80 Square Feet to 98 Square Feet to A11ow the Construction of a Free-Standing Sign, Generally Located at 6210 Highway 65 N.E. . . . . . . . . . . . . . . . . 17 - 17.14 B. Variance Request, VAR #94-07, by Holiday Companies, to AIlow the Construction of a Loading Docks Facing the Public Right-of-Way, Generally Locaied at 250 - 57th Avenue N.E. . . . . . . . . . 17.15 - 17.32 17 - 17.58 FRlDLEY C1TY COUNCiL MEETING OF JUNE 20, 1994 NEW BUStNESS (CONTINUED): Receive Items from the Appeals Commission Meeting of JUne 7, 1994: C. Variance Request, VAR #94-08, by Wayne Dahl, to Reduce the Setback from the Top of the Biuffline Overlooking the (tllississippi River from 40 Feet to 1.5 Feet, and to AIlow an Accessory Structure in the Front Yard, a11 to Aiiow the Construction of a� 8 Foot by . 15 Foot Storage Shed, Generaliy _ Located at 177 Hartman Circle N.E. . . . . . . . . . . . . . . . . . . . . . . . . . 17.33 - 17.58 Page 8 � y Receive Bids and Award Contract for Concrete Street Repair - North/South Innsbruck Area, Project No. ST. 1994-7 ..................................... 18-18C Resolution Ordering Improvement and Advertisement for Bids for ihe Commons Park Shelter, Project NQ. 267 . . . . . . . . . . . . . . . . . . . . . . 19 - 19D {nformal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . d ,�'�' �i:." "r. - ., fM: i � 4 � �� ;� FRIDLEY CITY COUNCIL MEETING OF JUNE 20, '1994 Page 9 NEW BUSINESS (CONTINUED): Claims...................................... 21 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22C Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23G Receive Petition No. 4-1994 Regarding Copper Su(fate Treatments at Moore Lake ADJOURN: William J. Nee Mayor Fridley, MN • MINNESOTA SPECIAL OLYMPICS DAY JULY 9, 1994 t�/FI�R�AS, the Minnesota Special Olympics annual softball tournament will be held on Sa.turd.ay, July 9, 199�, aL Community Park in Fridle� ; dnd [VHEREAS, the Minnesota Veterans of Foreign Wars and its Ladies Auxiliary have sponsored the tourna.ment for 14 years; and li/HEREAS, the Minnesota Specia.l Olympics aZlozU the a.thletes to experience the excitement of competition, continiced persona.l aclaievement, and recognition of tlieir abilities; and �/H�RI�AS, tlae softba.11 games provide the citizens of Mirinesotd zvuh a�a opportwaity to 1ui.t�iess tltc d.rive, e�zergy, pote�ztia.l, and capaGilities of people witlz menta.l retardatio�z; arcd C�HER�AS, tlie lives of ever}�one involved including the athletes, coaches, volunteers, a.nd sp.ectators are e�zriclied; NOt� TH�REFORE, BE IT RESOLVED, that I, William j. Nee, Mayor of tlze City of Fridley, h,ereby proclaim Saturday, July 9, 199�, as Minnesota Special Olympics Day l.l t, %''1"1I�l��'. 13I� IT I'UPTIIEP P.�SOLVED, tlza.t Fridley citue��.s a.re encoura.ged to attend thc 11%1 i�L��.esota, S��ecia.l Olympics softball games on July 9, 199�, at Commu�aity Park. - IN WITN�SS A/HEREOI', I havc set my liarad a.�zd cazcsed the seal of the �ity of 1%ridley to Ge affzcd this 15t1t da.y of Ma.rclL, 199�1. ��'� IVilli.a.nt J. Nee, M�r.� r TH8 MINOTSS OF THE FRIDLEY CITY COIINCIL MBETINt� OF JIINE 6, 1994 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 6, 1994 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATION• Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkco� Councilman Schneider CERTIFICATE OF APPRECIATION TO SUSAN JACKSON: Mayor Nee presented a certificate of appreciation to Susan Jackson for her services on the Human Resources Commission from April 1, 1988 to April I, 1994. He stated that her dedication to improve her community and to make it a better place to live is truly appreciated. Mayor Nee stated that Ms. Jackson has served on various committees, as well as the Charter Commission. The Council. really appreciates her years of service to the City. Ms. Jackson received this certificate from Mayor Nee and thanked the Council. PROCLAMATION: STUDENT FOREIGN EXCHANGE WEEK. JUNE 6-12 1994• Mayor Nee read and issued a proclamation proclaiming the week of June 6-12, 1994 as Student Foreign Exchange Week in the City of Fridley in honor of Shaun Hudson of New Zealand and Reto Tuor of Switzerland. He stated that both students are made honorary citizens of Fridley during the duration of their stay. Mayor Nee presented this proclamation, as well as an American flag, to the students. Mr. Shaun Hudson of New Zealand thanked the Council and stated that he was proud to be recognized as a citizen of Fridley. He stated that he has been in Minnesota for over four months and has loved every minute of it. He stated that he was pleased to find that he has come to such a great City. FRIDLEY CITY COIINCIL MEETING OF JIINE 6, 1994 PAGE 2 Mr. Hudson stated that everyone at Fridley High School has been extremely friendly and willing to get to know him. He stated that he has participated in activities at the high school, such as baseball and the school play, and every experience has been incredible. He stated that he enjoys his host family and, for the first time, has sisters and two other brothers. He stated that the student foreign exchange program is definitely something he would tell people to get involved with. He stated�that he is looking forward to the next six months of his stay. He also presented the Council with a miniature flag of his country. Mr. Reto Tuor of Switzerland said that his stay has not been as pleasant so far. He stated that he has a great host family, but some times no one is home during the day. He stated that he has found great friends to help him. He stated that in Switzerland you hear the United States is dirty. When he came here he found that everything was nice and clean. Mr. Tuor stated that he comes from the part of Switzerland where they speak German. He stated that in Switzerland everyone learns French and several other languages. He stated that he sometimes misses the mountains of Switzerland, but he has enj oyed the sunsets here. He presented a,miniature flag of Switzerland to the Council. APPROVAL OF MINUTES: COUNCIL MEETING. MAY 16, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: FRIDLEY '49ER DAYS CELEBRATION: Ms. Linda Callier, President of Fridley '49er Days, invited the Council to this year's festivities. She outlined the activities planned for the celebration and where the '49er Days buttons can be purchased. She stated that they appreciate the Council's support of this annual activity. LEGISLATIVE UPDATE - SENATOR DON BETZOLD: Senator pon Betzold stated that he appreciated the opportunity to present a legislative update to the Council. He stated that one FRIDLEY_CITY COONCIL M$ETING OF JIINE 6. 1994 PAGE 3 item that may have the most impact, from a financial standpoint, was the local government trust fund, which will be eliminated as of July, 1996. He stated that there would be a two percent increase for the next year in Local Government Aid. Thereafter, LGA will increase by no less than 2.5 percent and no more than 5.0 percent per year. He stated that Fridley's share of Local Government Aid for 1995 would be an additional $22,800. Senator Betzold stated that if the City is planning on purchasing personal equipment for Fire fighters, there will not be a sales tax on these items as of July 1. Senator Betzold stated that there is a small change in the truth in taxation requirements. Information that will be supplied by the State is to be included in this fall's truth in taxation statement. Senator Betzold stated that there are changes in the open meeting. law so that the number of ineetings can be extended if the Council wanted to discuss personnel disciplinary matters. He stated that fines have also been increased for violation of the open meeting laws. Senator Betzold stated that the landfill cleanup bill was passed. He stated that any businesses or government units that have had to pay for this can get their money back after October, 1995. Senator Betzold stated that all local elections have been moved to September and November dates in either odd or even numbered years. Everyone will have four year terms. He stated that the ethics bill was passed, and it applies to local governments. Senator Betzold stated that other minor issues passed relate to Charter Commissions, zoning on mobile homes, and bond counsel fees. Senator Betzold stated that no legislation was passed on tax increment financing, housing guidelines, or highway funding. Senator Betzold stated that this last legislative session was a busy one, and a lot of time was taken with the Target Center bill. He stated that the next session will begin January 3. Councilwoman Jorgenson stated that there was a law passed regarding animal complaints. She asked if the City had to publish a legal notice before an animal could be destroyed. Senator Betzold stated that this issue was the result of someone's animal being destroyed before the owner realized who to contact. He stated that he would be happy to review this legislation to determine what is required of cities. Councilman Billings questioned citizen enforcement of handicapped parking. FRIDLEY CITY COIINCIL MEETING OF JUNE 6, 1994 PAGE 4 Senator Betzold stated that this is an expansion of a law which normally would require a police officer to ticket the cars. This legislation would allow a citizen to report and to follow up if they wished to do so. Mr. Herrick, City Attorney, asked if school boards were included in the change in the elections. Senator Betzold stated that the purpose of the law was to include school board elections, so they have the same election cycle as everyone else. Mr. Hunt, Assistant to the City Manager, asked if the school board elections would be held at the precincts in the fall of 1995. Senator Betzold stated that they would be held at the precincts, as it would be unreasonable to have the voters go to several places to cast their vote. Mayor Nee stated he understands that the school district is authorized to participate in the cost of the election. Senator Betzold stated that he did not recall that this was part of the bill. He stated that the school districts have to pay for their own elections. He did not know the cost for adding extra names on the ballot. Mr. Burns, City Manager, stated that Senator Betzold has been very responsive to the City's requests. Senator Betzold stated that he hoped he could be of assistance to the City. PUBLIC HEARING• 1. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #94-01 BY WILLIAM TURNER, TO APPROVE AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.03, 205.14.1.B, 205.14.1.C, 205.15.1.B AND 205.15.1.C• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:07 p.m. Ms. Dacy, Community Development Director, stated that the purpose of this zoning text amendment is to amend the C-2 and C-3 zoning districts to permit seasonal outdoor food sales as an accessory and special use. She stated that this proposed ordinance defi.nes daily, weekly, and special event food sales. She stated that FRIDLEY CITY COONCIL MEETING OF JUNE 6, 1994 PAGE 5 special event sales and weekly sales occurring for less than two consecutive weeks would be a permitted accessory use. She stated that a special use permit would be required for daily sales and weekly sales occurring over two consecutive weeks. Ms. Dacy stated that the Planning Commission recommended approval of this amendment with some minor changes which have been modified. She stated that the State of Minnesota Department of Agriculture regulates some types of food sales, and this ordinance has been sent to them for their review. She stated that the Minnesota Department of Agriculture considers the sale of mini doughnuts as a mobile food service and has specific requirements regarding its operations. She stated that the key requirement of the State is that it not operate in any one location for more than fourteen consecutive days. Ms. Dacy stated that the petitioner who wishes to operate a mini doughnut stand at the Wal-Mart site is contacting the State as to whether or not continued operation at the Wal-Mart site every weekend would be in conflict with the State rules regarding a mobile food service. She said that to date, the State has 'not. rendered their opinion. Ms. Dacy said that the State receives a lot of pressure from the hospitality industry because they feel that operating a temporary seasonal food operation throughout the year is unfair competition for the restaurants, as they have to comply with venting and other code requirements. Councilman Billings said that the State may change their require- ments over the years, but it does not necessarily mean the City would change the ordinance. He stated that this ordinance amend- ment is more comprehensive than just covering mini doughnut sales at Wal-Mart. He said that the State may have more stringent rules, and the petitioners may also have to meet the State requirements. Ms. Dacy stated that it probably should be clarified that a license from the county and the State should be obtained in addition to the local license. Councilwoman Bolkcom questioned if it would be better to wait for the State's opinion before proceeding with this ordinance amendment. Ms. Dacy stated that whatever is most restrictive would be implemented. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Council�man Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994 PAGE 6 aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. OLD BUSINESS• 2. ESTABLISH A PUBLIC HEARING FOR JULY 11. 1994, ON AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, state� that the public hearing notice that was published for this ordinance amendment was in error, and it is necessary to re-advertise the public hearing for July 11, 1994. MOTION by Councilwoman Jorgenson to set the public hearing on this ordinance amendment for July 11, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that even though the legal publication for the hearing was inaccurate, this ordinance amendment was advertised for this Council meeting and asked if anyone was present on this item. There was no response from the audience. NEW BUSINESS• 3. RESOLUTION NO. 47-1994 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE EPILEPSY FOUNDATION• Mr. Burns, City Manager, stated that the Epilepsy Foundation is petitioning for a lawful gambling permit for Sandee's Restaurant. He stated that the application was reviewed by the Police Department, and they have no objections. Ms. Connie Anderson, representing the Epilepsy Foundation of Minnesota, stated that they are rated the third best charity in Minnesota. They are one of the few charities that still participate in local programs, so a substantial amount of their proceeds stay in the community. MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANING COMMISSION MEETING OF MAY 18, 1994- - FRIDLEY CITY COIINCIL MEETING OF JUNE 6, 1994 PAGE 7 A. ESTABLISH A PUBLIC HEARING FOR JUNE 20 1994 FOR A REZONING R�QU�ST, ZOA #94-02 BY FORREST HARSTAD OF TWIN CITY TOWN- HOMES, TO REZONE PROPERTY FROM R-1. SiNGLE FAMILY DWELLING, TO R-3. GENERAL MULTIPLE FAMILY DWELLING, TO ALLOW THE CONSTRUCTION OF 41 TOWNHOMES GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billings to set the public hearing on this Rezoning Request, ZOA #94-02, for June 20, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR JUNE 20 1994 FOR A VACATION REQUEST. SAV #94-02. BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO VACATE A PORTION OF PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billings to set the public.hearing on this Vacation Request, SAV #94-02, for. June 20, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH_.A PUBLIC HEARING FOR JUNE 20, 1994, FOR A PLAT RE4UEST. P.S. #94-04, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES� TO REPLAT PROPERTY GENERAlLY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billinqs to set the public hearing on this Plat Request, P.S. #94-04, for June 20, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of May 18, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24, 1994• A. VARIANCE REOUEST, VAR #94-05, BY CHRIS RODGERS, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22.4 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 6050 6TH STREET N.E.� Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the front yard setback from 35 feet to 22.4 feet to allow the construction of a 10 foot by 22 foot addition to the front of this home. She stated that the purpose of the addition is to expand the kitchen and dining room and to create an enclosed foyer. FRIDLEY CITY COUNCIL MEETING OF JUNE 6� 1994 PAGE 8 Ms. Dacy stated that the existing home is located 32.4 feet from the property line. Most of the homes along the west side of 6th Street are approximately at the same setback. She stated that the petitioner requested that City staff check the setbacks of other homes on the east side of 6th Street. She stated that it has been determined there are three homes less than the required 35 foot setback. She stated that one home was set back 28 feet and two others were at 30 feet. Ms. Dacy stated that at the public hearing before the Appeals Commission, two neighbors attended and had no adverse comments regarding this variance request. She stated that the Appeals Commission voted three to one to deny the variance, as they were concerned about setting a significant precedent in terms of a front yard encroachment. Councilman Billings stated that he met with the petitioner earlier this evening and discussed several items, including the non- conforming uses mentioned by Ms. Dacy. He stated that there was a similar situation on West Moore Lake Drive where a petitioner wanted a front yard variance, and there were some non-conforming uses on the same block. He asked if staff could provide some written information at the next Council meeting on the West Moore Lake Drive non-conforming uses and whether there were variances on those homes in this neighborhood. Councilman Billings stated that in talking with the petitioner, other alternatives were discussed, and he would like this item tabled for further information from staff. MOTION by Councilman Billings to table this item to the June 20, 1994 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 48-1994 AFFIRMING THE CITY OF FRIDLEY'S COMMITMENT TO WASTE REDUCTION: Ms. Dacy, Community Development Director, stated that this resolution would affirm the City's commitment to waste reduction and allow an additional twenty percent reduction in the solid waste abatement fee changed to the City by Anoka County. She stated that this resolution will have no affect on the City's current operations, as the City has had a waste reduction policy and an in- house waste reduction committee in place since last year. MOTION by Councilwoman Bolkcom to adopt Resolution No. 48-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCTL MEETING OF JIIN� 6, 1994 PAGE 9 7. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1994�11 (SLURRY SEALL• Mr. Flora, Public Works Director, stated that this project would cover slurry seal for approximately three miles of streets in the City. He stated that only one bid was received for this project. He recommended that the Council award the bid to Struck and Irwin Paving for $54,745.02. MOTION by Councilwoman Jorgenson to receive the following bid for Street Improvement Project No. ST. 1994-11: Bidder Struck & Irwin Paving 812 Williamson St. Madison, WI 53703 Total Bid $54,745.02 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to award the bid for Street Improvement Project No. ST. 1994-11 to the low bidder, Struck & Irwin Paving, in the amount of $54,745.02. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE JOINT POWERS AG FEMENT FOR SEAI,COATING CORPORATE LIMIT STREETS BETWEEN THE CITY OF FRIDLEY AND THE C.ITY OF COLUMBIA HEIGHTS: Mr. Flora, Public Works Director, stated that this joint powers agreement covers sealcoating for the University Avenue East Service Road and 45th Avenue. MOTION by Councilman Billings to approve the Joint Powers Agreement with the City of Columbia Heights for sealcoating corporate limit streets and authorize the appropriate City staff to execute same. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. INFORMAL STATUS REPORTS• Mr. Burns, City Manager, stated that there were no informal status reports. 10. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he was pleased to recommend two persons for appointment. FRIDLEY CiTY COIINCIL MEETING OF JIINE 6, 1994 PAGE 10 He stated that the first appointment was to the Crime Prevention Specialist II position, and he recommended Julie Swanson. He stated that Ms. Swanson has a Bachelor of Science Degree from the University of Minnesota in Human Relationships and has worked as a Crime Prevention Coordinator for St. Paul. He stated that she has had experience working with homeowners, landlords, tenants, business owners, and other neighborhood organizations. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Julie Swanson Position Crime Prevention Specialist Exempt Starting Salarv $24,793.60 per year II $2,066.13 per month Starting Date June 20, 1994 Replaces Connie Bauman Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns stated that the next appointment is for Liquor Store Manager, and he recommended LaVon Regnier. He stated that Ms. Regnier has a Bachelor of Science Degree in Public Administration from St. Catherine's College with em�hasis in management and marketing. He stated that she has worked as a Manager at T.J. Maxx and has experience with store budgets, inventory, and cost control. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name LaVon Regnier Position Liquor Store Manager Exempt Starting Salarv $31,699.20 per year $2,641.20 per month Starting Date June 20, 1994 Replaces New Position Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 55728 through 56012. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIINE 6 1994 PAGE 11 12. LICENSES: MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Insituform Central, Inc. 6167 North Kent Avenue Milwaukee, WI 53217 Sanitary Sewer Repair Project No. 263 FINAL ESTIMATE . . . . . . . . . . . . . . $72,793.40 Northwest Asphalt, Inc. 1451 County Road No. 8 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1993 - 1& 2 FINAL ESTIMATE . . . . . . . . . . . . . . . $62,833.00 Rainbow, Inc. 7324 36th Avenue North Minneapolis, MN 55427 1.5 MG Water Improvement Project No. 212 FINAL ESTIMATE . . . . . . . . . . . . . . . $36,537.64 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of April, 1994 . . . . . . . . . . . . $13,267.50 Schmidt Curb Company 21504 Ahlstrom Avenue Rogers, MN 55374 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 262 Estimate No. 1 . . . . . . . . . . . . . . . $ 8, 692 . 12 FRIDLEY CITY COUNCIL MEETING OF JIINE 6. 1994 PAGE 12 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 6, 1994 adjourned at 8:48 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Enc�in�9 �Sewer water p�rk5 Sneets Maih'.enance ME MORANDTJM TO: WiHiam W. Burns, City Manager PW94190 FROM: John G. Flora(, Pubiic Works Director Clyde V. Moravetz, CATV Administrator DATE: June 9, 1994 SUBJECT: Report on Transfer of Control CA1V Operations -� � The Cable Television Commission will review the report on the transfer of control of the CAN operations at their special meeting of June 13, 1994. The Cable Television Commission recommendation will be known after the special meeting and will be conveyed to you next Tuesday. Brian Grogan, our attorney in this matter, will be in attendance at both the Commission meeting on the 13th and the continued public hearing before the City Council on June 20 to answer any questions relating to the transfer and report. Mr. Grogan will be present at 7:00 pm 'special time' meeting on June 20 which will allow him time to arrive at the Bloomington public hearing at 9:00 pm the same night. Please inform me if this desired time of 7:00 pm should change on the agenda. CVM/JGF:cz l7 �� o°F� TO: FROM: DATE: SUBJECT: Enc,meering Sewer J:a:er Prrks Si�eets �v .��ntrnance MEMORANDUM William W. Burns, City Manager �aI �' John G. Flora,�Public Works Director June 20, 1994 Central Avenue Bike Path PW94185 The City conducted two public information hearings on the Central Avenue bike path. On April 11, 1994, a meeting was held primarily with the residents on the west side of Central Avenue. Seventeen residents attended the meeting. A second meeting was held on Tuesday, April 26, 1994, with the residents on both the east and west side of Central Avenue. Twenty-five residents attended that meeting. The purpose of the two meetings was to discuss the placement of the Central Avenue bike path on either the west or east side.of the street between 69th and Mississippi Street. As a result of the meetings, a number of issues were presented but no decision was made regarding the best alignment. On Friday, April 29, 1994, City staff reviewed the City's overall bike plan and the issues raised at the two neighborhood meetings. As a result of a review and analysis of the information, it was determined that the bike path on the west side of the street was the best solution for the overall City's bikeway plan. The Council addressed this issue at the May 2 meeting and approved the bikeway alignment on the west side of Central Avenue. There was some concern that the residents did not have an opportunity to voice their opinions. As a result of Council's direction, a letter was sent to the residents on Central Avenue between 69th and Mississippi inviting them to attend the June 20 meeting for a discussion on the Centrai Avenue bike path alignment. JGF:cz 2 I� . rr: ._ _ ' �UU� � � � > � � � �� 3 vz avE. � � � } �, � c,_ 73�d � > a , w = :�a -,.,.. �race� _ 13 � .anqe��.., 7i�d � � � F �M� AVE a�� > a • ORTON DIJE. 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Z � � = W F � [Yl s W Z I.WALDECK CROSSI 2.80HNNOF JUNCT 3.W.8AVARIAN PA 4.N.08ERLIN CIR. S.S.OBERLIN CIR. 6.E.08ERLiN CIR. 7.MEISTER RD. CENTRAL AVENUE BIKE PATH 69TH & MISSISSIPPI STREET WEST SIDE .. � �� Straight aiignment No street crossings EAST SIDE ..� Street lights at corners Minimal landscaping affected Residential neighborhood on east Store on east side = CON i 3 driveway crossings No street lights Affects landscaping Bank cut required Residential neighborhood on east Requires crossing of Central CON 10 driveway crossings Requires two street crossings Requires crossing Central twice Commercial traffic impact \ \ i C� � � � ��- I � '`:, � J CITY OP COON RAPIDS N I , 1 � � I � � � � CITY OF SPRING LAKE PARK �I Osborn< Road CO[.UMBIA HIEGHTS � � cl� Y or F�IDLEY CI1'Y OF MOUNDSVIEW I_._ � I I I � CITY OF � NEW BRIGHTOti o I � BIKEWAYS & WALKWAYS PROPOSED BIKE LANE - — — — — — — — - PROPOSED BIKEWAY/1PALKIfAY 0 � � F�ISTII��G COt'NTY �� I I31KE LANE ; � � _ --------- B[KEwAY/WALICVYAY � � � i E�ISTING CITY �( � � ( � BIKE LANE �- — — — — — — — — - HIKEWAY/WALKYYAY CITY OF MINNEAPOLIS �� ^ r � � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 , �f'�. TO; William Burns, City Manager,�� FROM: Barbara Dacy, Community Development Director SU&7ECT: Public Hearing for Rezoning Request, ZOA #94-02, Vacation Request, SAV #94-02, and Plat Request, P.S. #94-04, by Forrest Harstad of Twin City Townhomes, Generally Located East of Hillwind Road, North of I-694, and West of Fillmore Street The City Council established June 20, 1994 as the date of.the public hearing for the above-referenced requests, to allow a 46 unit condominium project on the 5.11 acre parcel located east of Hillwind Road and west of Fillmore Street, north of I-694. The Planning Commission conducted a public hearing at its May 18, 1994 meeting regarding the three requests and voted unanimously to recommend approval of the Rezoning request, ZOA #94-02, subject to: l. 2. Variance request, VAR #94-02 shall be approved. Plat request, P.S. #94-04, shall be approved. Approval of the of the rezoning request would rezone the east 1.67 acres from R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling. Approval of the Vacation request, SAV #94-02, subject to: 1. Plat request, P.S. #94-04, shall be approved, and the vacated area shall be combined with the property to the east. The vacation request is to vacate excess turnback property adjacent to the easterly.right-of-way line of Hillwind Road. The Commission recommended approval of the plat request, P.S. #94-04, subject to: � Forrest Harstad Public Hearings June 10, 1994 Page 2 l. The petitioner shall record in the condominium declaration that the association shall be responsible for the plowing, maintenance, and repair of the private roads and driveways. The declaration shall permit emergency vehicle access. 2. The driveway shall be signed "no parking" on both sides. 3. The petitioner shall place a stop sign at the intersection of the private drive with Fillmore Street. 4. Access maintenance and repair easements shall be executed and recorded against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. � 5. The condominium declaration shall be amended to require operation and maintenance and repair of the stormwater pond by the association. 6. The petitioner shall comply with all comments by the Engineering Department regarding the grading/ drainage/erosion plan, which will consider the flow from Western Ridge development. 7. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building permit. 8. The condominium declaration shall be amended to hold the City harmless for the operation, maintenance, and repair of association improvements as a result of work on the public sewer line. 9. The condominium declaration shall require the association to repair and maintain the private utilities. 10. The utilities shall be constructed to municipal standards. 11. The association shall authorize the Public Works Department flush the hydrants in accordance with City policies. 12. The grading plan shall be amended to indicate the number of trees to be preserved. 13. The petitioner shall pay a park dedication fee of $750.00 per unit (41 units at $750.00 equals $30,750) prior to the issuance of a building permit. 3.1 Forrest Harstad Public Hearings June 10, 1994 Page 3 14. The landscape plan shall be revised to provide 15 six foot evergreen trees. Underground irrigation shall be provided along the R-1 property (5512 Fillmore Street). 15. The condominium declaration shall require maintenance and/or repair of landscaping by the association. 16. The petitioner shall submit a letter of credit in the amount of 3� of the construction value, not to exceed $60,000, to cover the outdoor improvements. 17. The condominium declaration shall include the layout of the. project as submitted on the site plan dated May 19,,1994. The declaration shall comply with the requirements of� Minnesota Statute Chapter 515A. 18. The grading and drainage plan shall be amended to conform with the recommendations stated in Scott Erickson's memos dated May 13 and June 8, 1994. 19. Outlot A shall be included in the subdivision with Outlot A containing no more than six residential units. Access to the residential units shall be directed onto Hillwind Road. The City Attorney is currently reviewing the condQminium declaration submitted by the petitioner to insure compliance with the stipulations recommended as condition of approval. Staff recommends that the City Council conduct the public hearing for the three requests. MM/dn M-94-313 3.2 i _ _ � S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : May 18, 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: ZOA #94-02 SAV #94-02 P.S. #94-04 PETITIONER• Forest Harstad, representing Twin City Townhomes Edwin Dropps and Oliver Erickson; owners The adjacent properties are owned by the following persons (see attached map): Lot 9,.Auditor's Subdivision No. 25 to the south is owned by the State of Minnesota Portions of Lots 7 and 8, Auditor's Subdivision No. 25 in the southeast corner of the subject parcel is owned by Roger Frank Parcel adjacent to the Frank property is owned by the City of Fridley LOCATION• The subject parcel is located east of Hillwind Road and north of I-694. The subject parcel totals 5.11 acres. Abutting the property on the east is Fillmore Street. Polk Street "dead ends" in the northwest corner of the property. The property is located in Tax Increment District #2. The parcel is zoned both R-3, General Multiple Family Dwelling and R-1, Single Family Dwelling. REQUEST• BACKGROUND: � Previous requests for the subject parcel include the following: 1988 - The Cottages by Arkell Development The request by Arkell Development was a special use permit to allow construction of single story rental townhomes for the Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 2 elderly. Sixty units were proposed on 6.7 acres. A number of variances were also requested for the project. The request was withdrawn by the petitioner while the City commenced a senior housing market study. 1983 - Continental Development Corporation/Oliver Erickson This proposal was not a formal request to the City, however, it did propose 60 apartment and 32 townhouse units on 6.6 acres. The developer was looking for HRA assistance for this project. 1981 - Oliver Erickson The proposal by Mr. Erickson was similar to the current request to rezone property from R-1 to R-3. If approved, 180 apartment units on 6.6 acres would have been constructed as proposed. Mr. Erickson withdrew the rezoning request to have an opportunity to discuss the issues with the neighborhood. To summarize the requests: Request/ Year 1994 - Twin City Townhomes 1988 - Arkell Development 1983 - Continental Develop. 1981 - Oliver Erickson Number Unit Access of IInits Acreaqe Density Style Points 41 60 92 180 3.85 10.65 units Condominium per acre 6.70 8.95 units Elderly per acre townhomes ,. . � . .� 13.93 units .Apartments/ per acre Townhomes 27.27 units Apartments per acre For all the previous requests, the neighborhood concerns can be summarized in the following: 1. 2. 3. 4. 5. Concern with traffic on Polk and Fillmore Streets. Concern with drainage plans (or lack thereof). Increase in the concentration of multiple family units. Difficult traffic flow due to the intersection at Hathaway Lane and Central Avenue. Environmental impacts to the wetland on the site. 3.4 1 2 1 2 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 3 6. Existing parking problems. Zoning History The property has been zoned in its present configuration since 1958 (see attached zoning map). The R-3, General Multiple Family Dwelling extends to the boundary of the Union 76 property located at the intersection of Highway 65 and Hathaway Lane. That property is zoned C-1, Local Business and was zoned C-1 in 1958. In 1985, the City approved rezoning request, ZOA #85-02, to rezone Iwen Terrace (platted in 1977) from R-1, Single Family Dwelling to R-2, Two Family Dwelling to allow the const�uc�ion of duplexes. Iwen Terrace is located north of the subject parcel. Western Ridge Estates, located south of the subject parcel, was platted in 1983. The City approved rezoning request, ZOA #83-04, in conjunction with the plat. The property was rezoned from R-1, Single Family Dwelling, R-2, Two Family Dwelling, and R-3, General Multiple Family Dwelling to R-2, Two Family Dwelling. There are three office buildings located adjacent to the northwest corner of the subject parcel. The Sundial Realty property was rezoned to CR-1, General Office, in 1978. The Coldwell Banker.property was rezoned to CR-1, General Office, in 1971. The Hillwind Office Building property was rezoned to CR-1, General Office, in 1988. Al1 of these parcels were previously zoned R-3, General Multiple Family Dwelling. Parcel Characteristics The parcel has a steep slope along Hillwind Road, but the remaining topography is gently sloping. Vegetation on the property includes reed canary grass, Russian Olive, aspen, willow, and dogwood. Most of the trees and shrubs are concentrated around the wetland which bisects the site. The wetland located on the property is Type 3 or 4, open water wetland, with cattail vegetation located along the edges. A stormwater outlet located on the west side of the basin brings stormwater to the wetland from Hillwind Road. A shallow ditch at the mouth of the pipe is classified as a Type 6 shrub wetland. Pro�ect Description The petitioner is proposing a 41 unit condominium project. The subject parcel is proposed to be replatted into two lots; Lot 1 will be used for the 41 units and is located on the southeast side of the wetland. Outlot A located on the northwest side of 3.5 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 4 the wetland will be reserved for, according to the owner, a future multi-family project. The condominium project will have 37 units accessing a private drive off of Fillmore 5treet, proposed to be titled "Fillmore Court". The remaining four units will have access directly off of Fillmore Street. The condominiums look simil.ar to townhomes in design. They are two stories and each unit will have its own two car garage. A variety of two and three bedroom units will be constructed. There are 194 proposed parking spaces provided by a combination of garages, individual driveways, and parking spaces. Site Constraints The petitioner is limited in design options for three reasons: l. The petitioner has no control over Outlot A. 2. The 1991 Wetland Conservation Act requires avoidance of all wetland impacts. 3. The topography of the subject parcel limits access to Fillmore Street. Request Descriptions * Rezoning request, ZOA #94-02 The petitioner requests that the easterly 1.67 acres be rezoned from R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling. * Vacation request, SAV #94-02 The City received turnback property from the State of Minnesota in 1981. This turnback property was excess right-of-way along I- 694 that the Department of Transportation no longer needed. The petitioner requests that the City vacate a parcel 21,042 square feet in area adjacent to the east right-of-way line of Hillwind Road. The City will retain adequate right-of-way for Hillwind Road. * Plat request, P.S. #94-04 The plat request will create two separate lots. Outlot A, located northwest of the wetland, will be 1.26 acres and will be used for a future multi-family project. The remaining 3.85 acres will be used for a 41 unit condominium project. 3.6 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 5 * Variance request, VAR #94-02 The variance request is in three parts: 1. To reduce the front yard setback from 35 feet to 30 feet. 2. To reduce the setback of a deck in the front yard from 35 feet to 20 feet. 3. To increase the width of a driveway from 32 feet to 36 feet. The Appeals Commission will review the variance request at its May 24, 1994 meeting. __ ^ ANALYSIS- Rezoning Reauest The proposed rezoning request is to rezone approximately 1.67 acres of the subject property from R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling. The R-1 district extends approximately 250 feet west of the Fillmore 5treet right-of-way. The remaining part of the parcel or 3.44 acres is zoned R-3. The wetland essentially separates the parcel into two lots. The development parcel totals 3.85 acres. The Wetland Conservation Act and O-4 Wetland Overlay District in the City's Zoning Ordinance requires that the wetland be preserved. If a wetland is to be filled or drained, the developer must provide substantial reasons as to why the development cannot occur without encroaching into the wetland. The edge of the existing wetland has been properly delineated. No alteration of the wetland is proposed. Under the existing zoning pattern, about 2.18 acres is zoned R-3 and 1.67 acres is zoned R-l. If no adjacent property was used for additional parking, approximately 38 units could be constructed on just the R-3 portion af the parcel. Approximately four single family lots could be platted on the R-1 parcel. This equates to 42 total units. The petitioner submitted a development plan which indicated an apartment building on the parcel containing 104 two bedroom units. The plan, however, relied on the parcel to the west of the wetland to provide about 1/3 of the parking stalls. Access to this parking area over the wetland would be obtained by a foot bridge. This development scheme is possible since it avoids impact to the wetland. Staff analysis of this plan, however, revealed that more practically a maximum of 93 units could be 3.7 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 6 constructed on the parcel. The City can use a number of criteria to evaluate a rezoning request. The first criteria is to determine if the proposed development plan is consistent with the requested zoning change. The proposed 41 owner-occupied condominium units is a permitted use in the R-3 district. The proposed site plan meets the requirements of the R-3 district with the exception of the 8 unit building abutting Fillmore Street. The petitioner has requested a front yard setback variance request for the building as well as an encroachment for the unenclosed patio and a wider driveway. If the rezoning request is to be approved, it should be stipulated upon approval of the variance request. If the variance is not granted, the petitioner needs to revise the site plan in order to conform to the R-3 setbacks, or reduce the number of units in order to meet the R-3 requirements. **Stipulation** Variance request, VAR �94-02 shall be approved. Another criteria is to evaluate the compatibility of the proposed use with the zoning and uses on adjacent properties. The subject parcel, as well as properties to the west, have been zoned R-3 since 1958. Extending the R-3 zoning to the Fillmore Street right-of-way (or approximately 250 feet to the east) will be compatible with adjacent zoning and uses. Given that the existing zoning pattern would permit the same amount of units under the proposed zoning pattern, there is no net increase by changing the zoning. Further, except for the single family property which is owned by Roger Frank immediately to the east of the development, the proposed development does not immediately abut any single family detached housing units, but is rather surrounded by other like-attached housing types; twin homes to the north and townhomes to the south. The development parcel is one of two remaining vacant R-3 parcels in the City. The other parcel is located on East River Road and 64 1/2 Way. The housing study conducted by the Housing & Redevelopment Authority in 1991 identified a market demand for housing styles other than the typical single family detached home. Like other communities, Fridley has experienced substantial increases in "non-traditional families", meaning married couples with no children, single female households with no children, and other family households. These households may prefer a housing unit such as the proposed unit which does not require the owner to provide outdoor or exterior building maintenance. 3.8 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 • Page 7 Vacation Request The area to be vacated is 21,042 square feet, and is adjacent to Hillwind Road. The City will maintain adequate right-of-way (60 feet) for Hillwind Road if the request is approved. The City approved a similar request for the Western Ridge Townhomes to the south. If approved, the City Council will need to declare the property "excess" and deed it to the petitioner. The City does not have any utilities in the area to be vacated nor does it have any use for the property. Staff recommends approval of the request contingent on approval of the plat and combining it with the adjacent property. . _ **Stipulation** Plat Request Plat request, P.S. #94-04, shall be approved, and the vacated area shall be combined with the property to the east. The property to be platted is a portion of Lots 6, 7, and 8 of Auditor's Subdivision No. 25. The property is generally located northeast of Hillwind Road and west of Fillmore Street. The property is 5.11 acres. The plat will create two lots; Outlot A of 1.26 acres and Lot 1 of 3.85 acres. The minimum lot width in the R-3 district is 85 feet. Both lots exceed that requirement. Minimum lot area is calculated based on an average lot area per unit, starting with a minimum base area of 15,000 square feet for a four family dwelling. The average lot area is 2,500 square feet per unit; the lot area required for the proposed 41 units is 102,500 square feet or 2.35 acres; well below the 3.85 provided. Lot 1 will become part of a condominium owns the land and individual units are The condominium complies with Minnesota Traf f ic plat where an association owned by the residents. State Statute 515A. The development proposes to have private driveways around which 37 units will be clustered. The remaining four units will have direct access to Fillmore Street. One access off of Fillmore Street is proposed. The private driveway wi11 be 24 feet wide and will be lined with concrete curb. The Fire Department requests that the driveway be signed "no parking" on both sides. The association will be required to plow, maintain, repair, and permit emergency vehicle access on the private driveway. 3.9 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 8 **Stipulation** The petitioner shall record in the condominium declaration that the association shall be responsible for the plowinq, maintenance, and repair of the private driveways. The declaration shall permit emergency vehicle access. **Stipulation** The driveways shall be siqned ��no parkinq�� on both sides. **Stipulation** The petitioner shall place a stop sign at the intersection of the private drive with Fillmore Street. � Both the Fire and Police Departments reviewed the plan in terms of public safety. Neither department had any adverse commend regarding the plan. The private driveway meets the minimum fire code width of 20 feet. Existing traffic in the area is generated by single family residents, multi-family residents, and office uses. The office uses generate traffic predominantly on Hillwind Road. An elementary school is located on Regis Lane. Nine buses service the school; school starts at 8:30 a.m. and is dismissed at 2:40 p.m. Traffic leaving the subject parcel could leave either east on Regis Lane or north on Fillmore Street. According to the Institute of Traffic Engineers, it is estimated that the development would generate an additional 240 average daily trips. Staff placed traffic counters at the intersection of Fillmore Street and Lynde Drive and across Regis Lane just west of Regis Drive. The average daily counts over 48 hour period are approximately 630 at Fillmore Street and 345 at Regis Lane. These are "raw" numbers and are conservative in that they are probably greater than the actual number of cars. The counter may count one passenger vehicle as two trips depending on its weight and speed driven over the hose. Large vehicles like buses, RV's, or garbage trucks may activate the counter three times. It is typically held that a residential street can accommodate up to 1,000 trips per day. With the additional traffic anticipated from this development, the capacity of Fillmore or Regis will not be exceeded. It is expected that a majority of the trips will go north on Fillmore Street for access to Highway 65, especially during morninq peak hours. The property owner at 5512 Fillmore Street has indicated a willingness to share the main access. Access easements should be 3.10 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 9 executed and recorded against both properties. **Stipulation** Access easements shall be executed and recorded aqainst the development parael and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. Other Access Options Staff analyzed other access options the petitioner could pursue: 1. Access to Hillwind Road. The access to Hillwind Road would be direct, however, the slope is approximately 27� up the embankment. This slope would pose a safety hazard and could require an extensive amount of fill. 2. Purchase Lot 9, currently owned by the State of Minnesota. Lot 9 is located south of the subjec lot would improve access as the road parallel to the slope as opposed to a The petitioner does not own Lot 9. 3. Cross the wetland. t parcel. Purchasing this could be constructed perpendicular alignment. In order to provide access across the wetland, the petitioner would first need to obtain an easement from the property owner of Outlot A. Connection then could be made to Polk Street. In order to avoid all impact to the wetland, a�ridge would need to be constructed. The second option would be construct a road using a culvert and filling a portion of the wetland. The Wetland Conservation Act and the O-4 Overlay District Ordinance would require replacement at a 2:1 ratio. Staff is reluctant to recommend this option since it would be contrary to the intent of the O-4 Wetland Overlay District. Drainaqe Existing stormwater flow on the subject parcel is through surface runoff. A stormwater pipe from I-694 enters the site on the west side. Stormwater flows from this pipe into the wetland. Other stormwater in the area flows down Fillmore Street into a pipe and into the wetland located north of the subject parcel. Stormwater leaves the wetland on its west side and flows in a pipe north on Polk Street and to Moore Lake. The petitioner has submitted a grading/drainage/erosion control plan. A separate stormwater pond is proposed to retain water 3.11 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 10 before it enters the wetland. The Engineering Department is reviewing the plan and will compile comments for the Commission meeting. A separate permit will be required by the Rice Creek Watershed district. The association will be required to maintain the stormwater pond. **Stipulation** **Stipulation** **stipulation** Utilities The condominium declaration shall be amended to require maintenance of the stormwater pond by the association. The petitioner shall comply with all comments by the Engineerinq Department reqardinq the gradinq/ drainaqeferosion plan. _ _ The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a buildinq permit. Located on the subject parcel is a sanitary sewer line which serves the properties adjacent to the subject parcel on the south along Hillwind Road. Two of the buildings proposed to be built over this line. The petitioner is proposing to reconstruct t�is line to avoid this conflict. The line will be located in a public easement dedicated on the plat. The City should be held harmless for the repair of any association improvements as a result of City work on the line. **Stipulation** The condominium declaration shall be amended to hold the City harmless for the repair of association improvements as a result of work on the public sewer line. The petitioner proposes to install "private" sanitary sewer and water services which are to be maintained by the association. The lines will need to be constructed to municipal standards. New hydrants will be installed as part of the improvement. The Fire Department has recommended that the petitioner arrange to have the hydrants flushed by the Public Works Department in accordance with City policies. **Stipulation** **stipulation** The condominium declaration shall require the association to repair and maintain the private utilities. The utilities shall be constructed to municipal standards. 3.12 Forest Harstad ZOA #94-02, SAV #94-02, P.S. #94-04 Page 12 Staff recommends the Planning Commission recommend approval of vacation request, SAV #94-02, subject to: 1. Plat request, P.S. #94-04, shall be approved, and the vacated area shall be combined with the property to the east. Staff recommends the Planning Commission recommend approval of plat request, P.S. #94-04, subject to: l. The petitioner shall record in the condominium declaration that the association shall be responsible for the plowing, maintenance, and repair of the private roads and driv�ways. The declaration shall permit emergency vehicle access. 2. The driveway shall be signed "no parking" on both sides. 3. The petitioner shall place a stop sign at the intersection of the private drive with Fillmore Street. 4. Access maintenance and repair easements shall be executed and recorded against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. 5. The condominium declaration shall be amended to require operation and maintenance and repair of the stormwater pond by the association. 6. The petitioner shall comply with all comments by the Engineering Department regarding the grading/ drainage/erosion plan, which will consider the flow from Western Ridge development. 7. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building permit. 8. The condominium declaration shall be amended to hold the City harmless for the operation, maintenance, and repair of association improvements as a result of work on the public. sewer line. 9. The condominium declaration shall require the association to repair and maintain the private utilities. 10. The utilities shall be constructed to municipal standards. 3.14 Forest Harstad ZOA #94-02, 5AV #94-02, P.S. #94-04 Page 13 11. The association shall authorize the Public Works Department flush the hydrants in accordance with City policies. 12. The grading plan shall be amended to indicate the number of trees to be preserved. 13. The petitioner shall pay a park dedication fee of $750.00 per unit (41 units at $750.00 equals $30,750) prior to the issuance of a building permit. 14. The landscape plan shall be revised to provide 15 six foot evergreen trees. Underground irrigation shall be provided along the R-1 property (5512 Fillmore Street). 15. The condominium declaration shall require maintenance and/or repair of landscaping by the association. PLANNING COMMI3SION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. The Commission also recommended the following additional stipulations: l. The petitioner shall submit a letter of credit in the amount of 3% of the construction value, not to exceed $60,000, to cover the outdoor improvements. 2. The condominium declaration shall include the layout of the project as submitted on the site plan dated May 19, 1994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. 3. The grading and drainage plan shall be amended to conform with the recommendations stated in Scott Erickson's memos dated May 13 and June 8, 1994. 4. Outlot A shall be included in the subdivision with Outlot A containing no more than six residential units. Access to the residential units shall be directed onto Hillwind Road. CITY COUNCIL RECOMMENDATION Staff recommends the City Council concur with the Planning Commission action. 3.15 Forest Harstad P.S. ��94-04; SAV �i94-02; ZOA #94-02 "yF.?P {�- 2F51. " Y. r•s�� e•vviv[�•.�..,,�.. 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N-4 MOBIIE HOME PANK ❑ S-1 HYOE P11RK NEIGNBONNOOD ❑ i PUBIIC FRGILITIES L7 5-i REOEVEIOPMENT UISTRICT '�' < --- J3 RO __ ,�; l C-1 LOCAI BUSINE55 ❑ O-t CREEN 8 RIVEN VNESENV�TIOH � C� � C-2 CENERAL BUSINE55 � O-2 CRITIC�L AREl1 � z f� .� C-7 ' CENERAL SHOVPING �1 /f " C-R1 GENENAI OFFICE ` Vs�pTED STREETS cJ ! . � � - .18 ZONING IVIAP Forest Harstad v. � � LVIVIN� MAF' , � 0 �� J -.�..�--.� �1 �� i 1'°�S apd laa.,+}$ a,pw� � �� — f—�-- 1 II s I I b � � v � n a u � Y � n , u �,�� ; �__. �. � �J i r , �. -� , � ��, ; � ,.., ; �i I i�� i 1 / 1 �� 1 I �� i � Forest Harstad P.S. ��94-04; SAV ��94-02; ZOA ��94-02 f �� g� � � ��t � a� �_ �� a,. �� `3 �R ��R�� Naj w ,��_ , k.`"�°°` �_ � ,� �� , + u ( � R� �V 1 l � i � � � T � 1 . i i � i `�. �� 0 J � � �� Y; !: � 4� o � Y �i 0 h I �n __ �z� �h �g� � � gi' i� � }��;� ! ir�� i� ��= i ��f� ��e�Y�� _ � awr��< �� ..�x �� r� ��€< �� .#''_:: :�$�,-: t� J."' CURRENT ZONING � �� '°AS �l1od 1 � � I � I 0 , ._�..:5 ��w�, �� Forest Harstad P.S. ��94-04; SAV ��94-02; ZOA �194-02 y� t� E �j � QE 1 � � � �! !a �6�� , �a� r ; � .�. -a� � — y � � , � , u F , n . � �P i i � a i I � � I � ( � 11 � ' L11 �y � H �� S: � +/ I ' � I` __- � � �i -�i I �_ T �\ ii � &� -r� 1 � � `;*o � i 1 i; (7 � � 1 � � + '� .�� _j � k aia _ � � )I '_____ ��o.in'onwra +C—_-{�_Ly` �O Q� � � `. +-� .v � .� c� � i � T: j \O O �, . ' t � ` J �� i i��i ! � —+� �a ,��,-; � � '� � , , ;;, -�;�� 1 6 � � ; ' �,� ; f ; � ;�-, �1 � � ; ., , t, i i �%; �, i. ' � : �;,:,�;. '�� i V /.�%%!/ . . " _ 't i � [ O `, I A J �� _�� ;a� _ W ? � Y: e, ,: � v z � Z � oO � � r� w Z �r O U < � /1 Z —� W 1J bs � cS Y r, Y ^ � v < � � j� jA � �f�� i�� 1 ir�� ; i 1 s�� f _,��. ��x�� a�h ��E� �$fGir_ �I��i?_� t�_ AREA TO BE VACATED � I � �i J �- � I i I o � E R � 1��S �rod �— . S�— �� R (O T---- T Q � � . J � --- y�ZoM,u oww ---0-� �� O ` � r Forest Harstad P.S. ��94-04; SAV ��94-02; ZOA ��94-02 p� !� Y ,� � � !j � � / � 9 1j � � -' �� ; �� Z�y �� 1 �� G � ! � w � : R � ��_fE � } � � �aj !� � _ W � � I \ i "� ' � � ..� � `�� J 22 �' � ! �• J L 7 '' i o e � � J � � O C �n � 9 <'^ � C - W J «Y ^ E -Y N � � g v � � IP F� � �f�� p ��f� j isi�� i � �f��3 i ��° ��x�� d�� a��a�� n� ��i �` �: EXISTING PLAT � laaa}S a�ou — �� i 11� O � � � J 4�(r�7 � I � � � 1'°�S hlod Forest Harstad P.S. ii94-04; SAV ��94-02; ZOA ��94-02 � 3� � �� g �� =i� — w �•�_ , i ' ac�b� . � i , � � � I I � I I � C � � � II � v � �� n i a - � " _ _ 1 '� � � T--- —I�� s� r +� i j ~ ~ �`a, i O � � I� kJ �; _ J ' + �u 'C '�-1y 00 � --�}�Zo.n.3 owoz j . � . r 1 J � `\ +. +� ` � i � i ��O O ; + ,l ---� ;� i � .��,'�. � i . + � ;§i. � ,�, �O + � � � � � . , cy i i � � � + � � i� K'�t � �� s I j / .ii i�.� � t � . i•5� � i + / � � � �j; I � / J f � X� � I ��O `� c ,� .� r 1 i �r � i i i � � i �% �� , � d a � ' i Q'8 �a / �f � : ,F � � 3.23 � � � � � � � � 4�� = a? �' �� R �� R}� a d � � t�i s �� ! ,c, � ,s �: � ; l��3i�� Y, I S; � J s 7 y� C Z M7 J � �N O :�� _� n J b� � �� N `^g,° c ^ i: g " :� � ��7. Q ��l� 1 �iI�� i ��. . 3��`k � # ��« �:6�X�� ad�� dl�li��"� �� 2�: y,,��' �.: �I�� -. PROPOSED PLAT —�--_ �aaa�s aaowll!� : Forest Harstad P.S. �694-04; SAV ��94-02; ZOA ��94-02 ��b' �<�� $� �a ��re 3.24 SITE PLAN w � � }dd.,}� aa�u.�ll!� }aa�} : 3.25 �� Forest Harstad P.S. �k94-04; SAV ��94-02; ZOA ��94-02 , � ,; 1�4if ,��Sf l;li; (';Si illi� ��iii 1 i�f+�� +�+r '� i '-;r ii�r >> f 1( i�l� r'%i t�rr ��f'%, ;; j; �„ � �'a �� i � U Z U ? i G W � o 4J � Z O 1 � < M W�� W �� ` � n" �l Fa�E ! �.�9 a •c i ,� f'g�� I � � �# �� . _b��l £i 2�9y��`rt� �:�1��b a�a�� g�¢�� Y �b��8�"6$ ��i��3aR Grading & Erosion Control Plan Forest Harstad P . S . �694-04; SAV �194-02; ZOA �k94-02 �� :, �A is �� ._,__ _._ _... �� 3.26 ��6�i�� e�� h aNa�� -a� ��g�� S�s �1��3�� Utility Plan �aa.��g a.�ow� I : j ` � • . . � � .-� �` \ � �--r � � �, � d . � �ae��S �lad �� 0 � �� •.--•..--•-- ' � E a� Forest Harstad P.S. ��94-04; SAV 4�94-02; ZOA �694-02 �� • �� I` � �8 �/ — � �. � �� e� ia e� e� ie 8i .c�_��.. i � h i� :� 3.27 8 � � C' X� €r �a � U Z U Z �' o � �w � �^ o Z x , �, < � � Z— �,Y=� Ci f N Y r: g `p <� � i i� ; #ti�� , ��! t _t :s'�� a ��_ � ��iN � �� z�� '�_ �d�� e� ��z� ��s ��r� Landscape Plan —.i Forest Harstad P.S. ��94-04; SAV ��94-02; ZOA ��94-02 }aa,��$ a,�ow11 t� ��:�� Y�h SWY�� tb� �g�� 8��a�e ��e 3•28 Wetland Delineation y � C� O,i y �—� � O L � � � Q,i Z C o �� C �"' O � � � �� O U c C � H � ,� � L F... o, E 0 U � 0 .� � � � � � �A � ... x �. c� a c� Lr � W � � � � � � c � � � � � v v, U +-+ Q' •T�." O �� . :J �d � �" � � � � u Q � � � � � � � z � U w ti °a a c� rn _ � Q N ° N N 'z M �11 � M Q 0 0 0 o Z � _. ..... N r-+ Z � o � �n � 0 00 0 � o '� O d: M O � cV O �--� � � � � � N � oo �o 0 0 0� o �-• o0 � � � � � o .� � o c�n ^ G� on <._, �, �.., y y a> O � �, O ^ � � � ^ � � � :� � = �r .� � ' '—a "' r ,_^•. � O � � •� W N bD � z � � � ^ Q ;;J � � � 0 x �+ O z � � U`� �C� � � � � .� � �� O . : bp vNi y� oU Q W ow a� � ,� r a � _ .� i. � °' � � � w d 3.29 Cn,�nci>nn9 � Sewer � �C water Q� � O P�rks O 3 St�eets VV Mamtenoncc W -� �� 0 � I ME MORANDUM TO: Michele McPherson, Planning Assistant PW94189 FROM: Scott Erickson, Assistant Public Works Director�4 DATE: June 9, 1994 SUBJECT: Drainage, Grading and Utility Review for the Harstad Development on Hillwind Road 1. A Storm Pond Maintenance Agreement witl need to be recorded with the property. 2. A hold harmless agreement will be necessary for any irr�provements on sewer easements. 3. Provide a plan and profile for the City maintained portion of the sanitary sewer main. The utitity lines shall be designed according to City of Fridley standards. 4. Open trenching in Hillwind Road will nat be allowed. 5. How is water service to be provided to the buildings located on Hillwind Road? 6. A shared driveway, operation, maintenance and repair agreement will be required if the property to the southwest is to use the driveway. 7. lnstall silt fence at the toe of all exposed slopes. � 8. A rocked entry point will need to be installed to access onto and off of the site during construction. Provide a detail on the plan. 9. The City of Fridley requires detention ponds to be used for storm ponding. The proposed design includes dead storage. Please discuss this with the Rice Creek Watershed District as this is in conflict with our design requirements. 10. Address all comments previously noted. 11. Modify the 15-in. RCP pond inlet so it directs the flow of water toward the pond outlet. Install rip- rap at the end of the 15-in. RCP. 12. Provide two complete sets of calculations and drawings. 13. The sanitary services should be installed to provide only one main connection to the City system. SE:cz � 3.30 �'�� Enc,meering Sewer ��•:a;er i'r+rk5 Sneets G; e,ntenance TO: Barbara Dacy, Community Development Director PW94168 G. Flora �Public Works Director FROM: John , DATE: May 16, 1994 SUBJECT: Twin City Townhouse Application We have made a preliminary review of the plans for Forest Harstead's Twin City Townhouse proposaL The following comments are submitted in response to our review: 1. In the final plan review, the City will require the internal waterline be looped to the City's water system on Hillwind and Fillmore. 2. The internal utilities (sewer, water and storm) will have to be inspected by the City and constructed to City standards. In response to the question on the biological air, soil, filtration unit (BASFU), it was constructed in accordance with a Clean Water Grant for the preservation of Moore Lake. The system works by pumping the water from the adjoining pond, dispersing it on the surface of the BASFU, allowing the water to percolate through the modified soil, resulting in filtration of minerals and phosphorus, then entering an underground pipe system by conduit and draining into the Moore Lake. As the plan is proposed, a separate pond will delay the flow of water into the BASFU pond, which will work. The net result is the BASFU could be working for a longer period of time in some events and others, less due to percolation into the soil from the detention facility. The development should not have an adverse impact on the BASFU. The BASFU currently is not working up to d�signed standards and requires considerable amount of Public Works review and maintenance. In reviewing the stipulations, the following additional comments are suggested: Stipulation No. 1: The petitioner shall record in the condominium declaration that the Association shall be responsible for the plowing, maintenance and repair of the private roads and drivewavs. The declaration shall permit emergency vehicle access. Stipulation No. 2: The driveway sha11 be signed no parking on both sides. (MSA - standards would call for a 26-foot wide street.) � � a� 3.31 May 16, 1994 Pag e 2 Stipulation No. 4: Access, maintenance and repair easements shall be executed and recorded against the development parcel at 5512 Fillmore Street to allow the residents at 5512 Fillmore Street to use the access drive. Stipulation No. 5: The condominium declaration shall be amended to require operation and maintenance and repair of the storm water pond by the Association. Stipulation No. 6: The petitioner shall comply with all comments by the Engineering Department regarding the grading, drainage, erosion plan, which will and consider the flow from the Western Ridqe Development. Stipulation No. 8: The condominium declaration shall be amended to hold the City harmless for the operation, maintenance and repair of Association improvements as a result of the work on the public sewer line. Stipulation No. 11: The Association shall authorize the Public Works Department flush the hydrants in accordance with City policies. JGF:cz 3.32 Eng�neering Sewer water P�rks S�reets Maintenance ME MORANDUM TO: Michele McPherson, Planning Assistant PW94166 FROM: Scott Erickson, Asst Public Works Directorr� DATE: May 13, 1994 SUBJECT: Drainage, Grading and Utility Review for the Harstead Development on Hillwind Road 1. The development's sanitary system should have only one connection to the City sewer line and should be located at a manhole. 2. A Storm Pond Maintenance Agreement will be need to be recorded with the property. 3. The detention pond shall not be located in existing easement or wetlands. 4. The development will accept drainage from Western Ridge Development. 5. Include a skimmer detail on the plan. 6. Include a silt fence detail on the plan. 7. A minimum 20 ft wide utility easement is required for the sanitary sewer. 8. The sanitary sewer is to be located in the middle of the 20-ft easement. 9. The City maintained sanitary sewer line shall be located as noted on the attached drawing. 10. A Hold Harmless Agreement will be necessary for any improvements on sewer easement. 11. The utility lines shall be designed according to the City of Fridley standards and requirements. A plan and profile drawing will need to be submitted for the sanitary sewer. 12. The watermain shall be looped to the City system. 13. A shared driveway, operation, maintenance and repair agreement will be required if the property to the southwest is to use the driveway. 3.33 �• �� FRIDLEY May 18, 1994 Page 2 14. Install silt fence at the toe of all exposed slopes. See comments on attached plan set. 15. Provide a grading and drainage detail for the excess material disposal area. 16. A rocked entry point will need to be installed for access onto and off of the site during construction. Provide a detail on the plan. 17. Provide information on how the time of concentration was arrived at for pre and post development hydrology. Provide a brief summary of pre and post developed flows and how the pond outlet is restricted to pre-developed flow rates. The calculations reflect various outlet pipe sizes. Please define what is being proposed. 18. The hydrology and ponding calculation need to be signed and stamped by a Registered Engineer. SE:cz 3.34 PETERSON E�tiviKt��,��ti�E�v� r��i_ Co�vsu�ri�c, I��c. May 11, 1994 Ms. Barbara Dacy Planning i,00rciinatoi City of Fridley 6431 University Ave. NE Fridley, Minnesota 55432 Subject: Wetland Delineation Review Hill Wind Townhome Property Fridley, Minnesota PEC Project No. 94-046 Dear Barbara: This letter is to. confirm the results of our field review of the wetland delineation that was performed by Mattke Engineering, Inc. for the Hill Wind Townhome Development. We find that the delineation is consistent with the Federal Nlanual for ldentifyi�ng and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1989) as required by the Wetland Conservation Act of 1991. Please feel free to contact our of�ice should you have any questions on our review of this delineation. Best Regards, Peterson Environmental Consulting, Inc. Ronald P. Peterson President RPP:GDW/ael winword�projects\ 1994�94-046�dar�ubltr.doc Q-'�� Glenn Vande Water Vice President ;'!19 lLi'�I ,'hlfi SfYCC/. Suif�� .?(1; •(dirid. MmnesOta 5_i 1.1 �■ 61:1-N.> 1-85( �� I�.� � h i_'-ri i 1-1i;' 3; PLANNING COMMISSION MEETING, MAY 18, 1994_____ Ms. McPherson stated this item wil.l qo to the City Co�raeil on J�ine 20, 1994_ /� MOTION by Mr. Oquist, seconded by Ms. M�g, to ask City staff and the City Council to investigate th �mproper filling of Lot 5 in 1992. UPON A VOICE VOTE, ALL ING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IIN OIISLY. Mr. Newma ated staff has recommended that the next three public heari be consolidated into one to alleviate confusion during the p ic discussion. 2. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #94-04, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES: To replat Lot 6, except the East 650 feet thereof and except that part lying West of the Northeasterly right-of-way line of the Outer Drive of the State Trunk Highway, Auditor's Subdivision No. 25, Section 24, Township 30 North, Range 24 West, Anoka County, Minnesota, and Lot 7, except the East 650 feet thereof and except that part thereof lying West of the Northeast right-of-way line of the Outer Drive of State Trunk Highway and except the South 55 feet of the West 150 feet of the East 800 feet thereof, Auditor's Subdivision No. 25, Section 24, Township 30 North, Range 24 West, Anoka County, Minnesota, and Lot 8, except the east 800 feet thereof and except that part thereof lying west of the Northeasterly right-of-way line of the Outer Drive of State Trunk Highway, Auditor's Subdivision No. 25. This property is generally located at 971 Hillwind Road N.E. 3. CONSIDERATION OF A VACATION REQUEST SAV #94-02,.BY FORREST HARSTAD OF TWIN CITY TOWNHOMES: To vacate that part of Lots 6, 7, and 8, all in Auditor's Subdivision No. 25 and lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, Township 30, Range 24, Anoka County, Minnesota described as lying between the following described LINE 1 and a line 40.00 feet northeasterly of and parallel with the following described LINE 3. LINE 1 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angie of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.QQ feet to the point of beginning of LINE 2 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 278.65 feet; ttience deflect to the right at an angle of 25 degrees 44 minutes 00 seconds a distance of 980.13 feet and said LINE 2 there terminating; thence continuing northeasterly from the point of termination of said LII�E 2 at an angle of 90 degrees 3.36 PLANNING COMMISSION MEETING MAY 18 1994 PAGE 15 00 minutes 00 seconds to said LINE ?_ a distance of 35.00 feet to the point of beginning o£ LINE 1 to be described; thence southeasterly to a point distant I10.00 feet northeasterly of (as measured at right angles) a point on said LINE 2 distant 550.31 feet northwesterly of its point of beginning; thence southeasterly to a point distant 40.00 feet northeasterly of (measured at right angles) a point on said LINE 2 distant 115.06 feet northwesterly of its point of beginning and said LINE 1 there terminating. LINE 3 is described as commencing at a point on the east line of Section 24, Township 30 North, Range 24 West, distant 181.30 feet north of the southeast corner thereof; thence run northwesterly at an angle of 78 degrees 39 minutes 45 seconds from said east section line (as measured from north to west) a distance of 4081.10 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds a distance of 244.00 feet to the point of beginning of LINE 3 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds a distance of 276.43 feet; thence deflect to the right at an angle of 25 degrees 46 minutes 30 seconds a distance of 980..17 feet and said LINE 3 there terminating, generally located at 971 Hillwind Road N.E. 4. CONSIDERATION OF A REZONING REQUEST ZOA #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES: � To rezone from R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling, to allow the construction of 41 townhomes on Lot 6, except the East 650 feet thereof and except that part lying West of the Northeasterly right-of-way line of the Outer Drive of the State Trunk Highway, Auditor's Subdivision No. 25, Section 24, Township 30 North, Range 24 West, Anoka County, Minnesota, and Lot 7, except the East 650 feet thereof and except that part thereof lying West of the Northeast right-of-way line of the Outer Drive of State Trunk Highway and except the South 55 feet of the West 150 feet of the East 800 feet thereof, Auditor's Subdivision No. 25, Section 24, Township 30 North, Range 24 West, Anoka County, Minnesota, and Lot 8, except the east 800 feet thereof and except that part thereof lying west of the Northeasterly right-of-way line of the Outer Drive of State Trunk Highway, Auditor's Subdivision No. 25. This property is generally located at 971 Hillwind Road N.E. MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notices and to open the public hearing for P.S. #94-04, SAV #94-02, and ZOA #94-02, by Forrest Harstad of Twin City Townhomes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:55 P.M. Ms_ McPherson stated the petitioner is Forrest Harstad representing Twin City Townhomes. The subject property is owned by Edwin Dropps and Oliver Erickson. The property is located adjacent to and west 3.37 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 16 of Fillmore Street and east of Hillwind Road_ Polk Street is located in the northwest corner of the subject parcel. The property is zoned both R-3, General Multiple Dwelling, and R-1, Single Family Dwelling_ Ms. McPherson stated previous requests for the property include: The Cottages by Arkell Development in 1977 for 60 elderly townhomes. The request was withdrawn by the petitioner while the City commenced its senior housing market study. An informal request from Continental Development Corporation and Oliver Erickson in 1983 for a 60 unit apartment building and 32 townhouse units. A request similar to the current request by Oliver Erickson in 1981 to rezone the property from R-1 to R-3 to construct 180 apartment units on the subject parcel and adjacent parcels. Ms. McPherson stated the neighborhood's concerns for all previous requests are as follows: l. Concern with traffic on Polk and Fillmore Streets 2. Concern with drainage plans or lack of drainage plans 3. Increase in the concentration of multiple family units 4. Difficult traffie flow due to the interseetion at Hathaway Lane and Central Avenue 5. Environmental impacts to the wetland on the site 6. Existing parking problems Ms. McPherson stated the subject parcel has been zoned in its present configuration since 1958. In 1985, the City rezoned Iwen Terrace (north of the subject parcel) from R-1, Single Family Dwelling, to R-2, Two Family Dwelling. Western Ridge Estates (south of the subject parcel) was platted in 1983 and, in conjunction with the plat, the City approved a rezoning from R-1, Single Family Dwelling, R-2, Two Family Dwelling, and R-3, General Muliiple Dwelling, to R-2, Two Family Dwelling. Ms: McPherson stated the adjacent office developments (northwest of the subject parcel) were rezoned from R-3, General Multiple Dwelling, to CR-1, General Office, in 1971, 1978, and 1988. Ms. McPherson stated the parcel has a steep slope along Hillwind Road, and the remainder of the parcel is gently sloping. A Type 3 or 4 wetland bisects the parcel in the southwest to northeast direction. A storm water outlet is located on the west side, which brings storm water from I-694 and Hillwind Road into the wetland. 3.38 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 17 `I'he shallow ditch at that storm water outlet can be classified as a`I'yE�e 6 shrub wetland. A variety of trees are on ttle site. Ms. McPherson stated the petitioner is proposing a 41 unit condominium project. The parcel is proposed to be replatted into two l.ots. Lot 1 will be used for the 41 condominium units and Outlot A is being held by the property owner for a possible future multi-family project. Thirty-seven of the 41 units will be located around a private drive, and four units will access directly onto Fillmore Street. Ms. McPherson stated the condominiums are similar to townhomes in design. They are two-story, and each unit will have a two-car garage. Both two and three bedroom units will be constructed. The petitioner is proposing 194 parking spaces provided through the use of garages, individual driveways, and off-the-road private parking spaces. Ms. McPherson stated three things limit the design of the site: 1. The petitioner has no control over Outlot A. 2. The 1991 Wetland Conservation Act requires avoidance of all wetland impacts. 3. The topography of the subject parcel limits access to Fillmore Street. Ms. McPherson stated the petitioner has also applied for a variance request which will go before the Appeals Commission on Tuesday, May 24, 1994. Rezoning Reciuest Ms. Dacy stated the reason for the rezoning is to rezone the easterly 1.67 acres from R-1, Single Family Dwelling, to R-3, General Multiple Dwelling, which permits apartment buildings, townhomes, condominiums, two family dwellings, and single family dwellings. Approximately 3.4 acres of the property is already zoned R-3. The petitioner is proposing to develop condominium units on Lot l. Ms_ Dacy stated that using the existing ordinance, staff tried to determined the development density. An apartment building of approximately 38 units could be built on the R-3 two acre part of this site. The R-1 portion of the property could be subdivided into four single family lots, and a 60 foot wide right-of-way could be constructed to serve the single family lots and the apartment building. Ms. Dacy stated the petitioner has sabmitted a plan that shows a six story apartment building of 104 two-bedroom units with adjacent parking areas, not only on this site, but also across the wetland on Outlot A. His point is that if the property was developed under 3.39 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 18 the existing pattern, a significant amount of density could be developed on the property. The petitioner also noted that the wetland would still not be impacted and a foot bridge could be constructed over the wetland_ Ms. Dacy stated that usually the City looks at two types of criteria to evaluate whether or not a rezoning request is appropriate. The first criteria is to evaluate if the proposed development plan is consistent with the requested zoning change. Any approval of the rezoning should be conditioned upon the approval of the variance request. If the variance request is not approved, the petitioner will need to revise the site plan to conform with the R-3 setbacks or reduce the number of units. Ms. Dacy stated the second criteria is if the proposed rezoning and use is consistent with adjacent uses and zoning. Except for the Frank home to the southeast of the property, the parcel is surrounded by similar or compatible zoning. Twinhomes and townhomes are located to the north and south. The school separates the use from single family areas. Ms. Dacy stated the 1991 housing study conducted by the Housing and Redevelopment Authority identified a market demand for this type of housing style. The market study indicated that the primary. market for these types of owner-occupied units. are single, professional female, empty-nesters, and other smaller size family households. Ms. Dacy stated staff recommends the Planning Commission recommend approval of the rezoning request to the Council subject to the following stipulation: Variance request, VAR #94-02, shall be approved. Mr. Newman stated they should probably add two more stipulations: (1) Plat request, P.S. #94-94, shall be approved; and (2) Vacation request, SAV #94-02, shall be approved. Staff agreed. Vacation Request Ms. McPherson stated the petitioner is requesting the vacation of a portion of the Minnesota Department of Transportation turnback property which the City received from the State of Minnesota. The proposed area (21,042 square feet) to be vacated is located directly adjacent to Hillwind Road along the easterly right-of-way line. The City processed and approved a similar request for the Western Ridge Townhomes to the south to vacate the City's interest in that particular area. Ms. McPherson stated the petitioner has reserved adequate right- of-way area for Hillwind Road for snow storage and maintenance purposes. No City utilities are located within this area, and the City has no further use for this property. If the City approves 3.40 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 19 the vacation request, the City Council will also need to declare this particular piece of property as surplus and deed it to the petitioner to be combined with the adjacent parcels as part of the plat. Ms. McPherson stated staff recommends the Commission recommend approval of the vacation request with the following stipulation: l. Plat request, P.S. #94-04, shall be approved and the vacated area shall be combined with the property to the east. Mr. Newman asked if the City customarily receives any compensation for turning back property. Ms. McPherson stated the City does not. Plat Rectuest Ms. McPherson stated the request is to replat portions of Lots 6, 7, and 8 of Auditor's Subdivision No. 25. The total area to be platted with the vacation area is 5.11 acres. Two lots will be. created, Lot 1, which is 3.85 acres, and Outlot A, which is 1.26 acres. Both lots exceed the minimum lot width and lot area requirements of the R-3 district. Lot 1 will become part of a condominium plat whereby the association owns the land and individual units are owned by residents. As it is a condominium plat, it is also required to comply with the requirements in Minnesota State Statute Chapter 515.A. Ms. McPherson stated that traffic on site is proposed to be handled by private driveways which will enter off Fillmore Street. The petitioner is proposing to name the circular drive "Fillmore Court". Thirty-seven of the 41 units will be clustered around the circular driveway, as well as the two north-going legs of the side driveways. Four of the units will directly access Fillmore Street. Ms. McPherson stated the private driveways will be 24 feet wide and will be lined with concrete curb. The minimum Fire Department driveway width is 20 feet. The Fire Department has requested that these driveways be signed "no parking" on both sides, to maintain the minimum 20 feet. The association will be responsible for plowing, maintaining, repairing, and permitting emergency vehicle access on the Frivate driveways. Ms. McPherson stated the Police and Fire Departments reviewed the proposed plans and did not have any adverse comments. The Police Department stated that having one entrance in and out of the development as good in terms of police patrol. Ms. McPherson stated the existing traffic in the area is�generated by the single family units to the east and along Lynde Drive. It is also generated by the multiple family units and the office uses. The office uses generate most of their traffic on Hillwind Road. 3.41 PLANNING COMMISSION MEETING, MAY 18� 1994 PAGE 20 North Park Elementary School on Regis Lane is serviced by nine buses with school starting at 8:30 a_m_ and dismissing at 2:40 p.m. Traffic leaving the subject parcel could go either east on Regis Lane or north on Fillmore Street. Ms. McPherson stated that according to the Institute of Traffic Engineers, it is estimated that the development would generate an additional 240 daily trips. To measure the existing daily trips, staff placed traffic counters at the intersections of Fillmore and Lynde Drive and across Regis Lane, just west of Regis Drive. The daily counts average over 48 hours were approximately 630 daily trips at Fillmore/Lynde Drive and 345 at Regis Lane. Residential streets can typically handle approximately 1,000 trips per day. With the estimated additional 240 trips per day, it would be expected the capacity on adjacent roads would not be exceeded. It is expected that most oF the trips would go north on Fillmore to access Highway 65 at Central, especially during the morning peak hours. Ms. McPherson stated the access for 55i2 Fillmore Street is located close to the proposed access for the development. The property owner has indicated a willingness to share this particular access. Easements should be executed and recorded against both properties. Ms. McPherson stated staff did look at other access options. The first would be to connect to Hillwind Road; however, staff estimated that the steep slope would be approximately 27% which would pose a safety hazard. The second option would be for the petitioner to purchase Lot 9, which is currently owned by the State of Minnesota. Purchasing this lot would improve access to the site as the road could be constructed parallel to the slope as opposed to against the slope. The third option would be to cross the wetland. The petitioner would need to obtain an access easement from the property owner of Outlot A. A connection could then be made to Polk Street. Ms. McPherson stated the 1991 Wetland Conservation Act requires all wetland impacts to be avoided whenever possible. The best way to avoid any impact would be to construct a bridge, or to construct a road using a culvert which would require filling a portion of the wetland. Filling any portion of the wetland would require a 2:1 replacement. Staff is reluctant to recommend pursuing this option because it would be contrary to the intent of the wetland protection ordinance. Drainage Ms. McPherson stated the existing stormwater flows from the stormwater pipe located adjacent to Hillwind Road into the wetland area and through the BASFU located north of the subject parcel which is a water treatment facility installed by the City a number of years ago. The stormwater then leaves that particular area through a pipe and flows north under Polk Street into Moore Lake. 3.42 PLANNING COMMISSION MEETING�MAY 18, 1994 PAGE 21 Ms. McPherson stated the petitioner submitted a grading, drainage, and erosion control plan which the Engineering Department has reviewed. The petitioner wil.l need to comply with a number of comments made by Scott Erickson, Assistant Public Works Director, in a memo to Ms. McPherson dated May 13, 1994. In addition, a separate permit issued by the Rice Creek Watershed District will be required. The association will be required to maintain any detention facilities and any other drainage-related facilities they would install. Ms. McPherson stated the petitioner is proposing to install private water and sanitary sewer lines to serve the development. However, there is a public sanitary sewer line which services the properties adjac�nt to Hillwind Road. Because that sanitary sewer line currently crosses the development parcel, it will need to be relocated and an easement granted as part of the plat to allow public access for maintenance and repair of the public sanitary sewer. The City would be held harmless for repairing any improvements made by the association as a result of the City work on that sewer line. Ms. McPherson stated the association would also instali new hydrants, and arrangements should be made and authorization given to the City Public Works Department to flush those hydrants in accordance with City policies. Ms. McPherson stated there are a number of trees on the parcel which should be maintained as they are an asset to the site. Many of the trees are located adjacent to the edge of the wetland. The grading plan should be amended to indicate the trees which are to be preserved. Ms. McPherson. stated the subdivision ordinance requires a park dedication fee of either land or money. The current dedication fee is $750 per unit which the peti,tioner must pay at the time of the building permit. Ms. McPherson stated the petitioner has provided a landscape plan which needs to be revised to provide 15 six-foot evergreen trees. This will bring the landscape plan in compliance with the ordinance. The association will be responsible for maintaining the landscaping. Ms. McPherson stated the petitioner is proposing a screening buffer of evergreen shrubs along the property line with 5512 Fillmore Street. This area should be irrigated. Ms. McPherson stated that regarding the plat request, staff is recommending the Commission recommend approval to the Councii with the following 16 stipulations: l. The petitioner shall record in the condominium declaration that the association shall be responsible for the plowing, 3.43 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 22 maintenance, and repair of the private roads and driveways. The declaration shall permit emergency veizicle access_ 2. The driveways shall be signed "no parking" on both sides. The condominium declaration shall be amended to prohibit parking on both sides of the driveways. 3. The petitioner shall place a stop sign at the intersection of the private drive with Fillmore Street. 4. Access, maintenance, and repair easements shall be executed and recorded against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. 5. The condominium declaration shall be amended to require maintenance and repair of the stormwater pond by the association. • 6. The petitioner shall comply with all comments by the Engineering Department regarding the grading/drainage/ erosion plan, which will consider the flow from the Western Ridge development. 7. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building permit. 8. The condominium declaration shall be amended to hold the City harmless for the operation, maintenance, and repair of association improvements as a result of work on the public sewer line. 9. The condominium declaration shall require the ass.ociation to repair and maintain the private utilities. 10. The utilities shall be constructed to municipal standards. 11. The association shall authorize the Public Works Department to flush the hydrants in accordance with City policies. 12. The grading plan shall be amended to indicate the number of trees to be preserved. 13. The petitioner shall pay a park dedication fee of $750.00 per unit (41 units at $750.00 equals $30,750) prior to the issuance of a building permit. 14. The landscape plan shall be revised to provide 15 six foot evergreen trees. Underground irrigation shall be provided along the R-1 property (5512 Fiilmore Street). 15. The condominium declaration shall require maintenance and/or repair of landscaping by the association. 3.44 PLANNING COMMISSION MEETING�_MAY 18, 1994 _PAGE 23 16. The petitioner shall submit a letter of credit in the 3mount of 3 0 of the construct.ion value, not to exceed $G�, 0O0, to cover the outdoor im�rovements_ Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the rezoning, the vacation request, and the plat request, subject to the revised stipulations included with a copy of a memo from John Flora, Public Works Director, dated May 16, 1994. The petitioner has received a copy of the amended stipulations, Mr. Flora's memo, and Mr. Erickson's memo. Mr. Oquist asked what are the plans for the intersection of Highway 65/Central Avenue, and has any consideration been given to the impact on this intersection? He lives in this area, and this intersection gets quite congested. Ms. Dacy stated the level of development on the Lake Pointe property on the west side of Highway 65 may require the improvement of that intersection to add lanes on the east and west sides of Highway 65.. The current status is that the existing amount of traffic does not require the improvement; however, with an additional 500,000-700,000 square feet of development on the Lake Pointe property, eventually that improvement could be implemented. The level of traffic generated by the proposed townhome project would not require the upgrade of the intersection. Mr. Oquist stated he is concerned about the density. There is an additional 41 units with only one exit onto Highway 65, let alone the density and the traffic patterns that already exist within the neighbarhood.. This development will definitely have some impact on this one single intersection. The traffic is even worse on the weekends. Ms. Dacy stated the average daily trips number is an estimate that is averaged over a 24 hour period. Usually, in a neighborhood, there are staggered work hours or trips. However, that does not negate the fact that the primary movement out of the site will go north on Fillmore to Polk and to that intersection. Staff acknowledges that during peak hours, the additional traffic generated from the development will impact that intersection. Mr. Forrest Harstad stated he would like to comment on the most important concerns. Regarding traffic, whatever development occurs on this piece of land will impact that intersection. It seems a fair assessment that the intersection is in need of a little improvement before any new development. Mr. Harstad stated the property as it is zoned today can generate considerably more traffic without any zoning changes or other requests. Ted Mattke of Mattke Engineering designed a six story, 104-unit, apartment building to show what actually could be built on the R-3 zoned property without rezoning or variances, and the traffic generated from that building would be considerably higher 3.45 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 24 than his proposed development. He is proposing all owner-occupied units, and the units will be sold before they are built. Mr. Harstad stated that regarding access to Hillwind Road, he had not really looked at the acquisition of Lot 9 because Lot 9 is at the �op of the hill_ Lot 9 would still require a considerable amount of grading such that safety would still be a concern. It is not impossible, but it might prove to be cost prohibitive because of the steep grade. Also, if the traffic all accessed onto Hillwind Road, it would still end up at the Highway 65/Central Avenue intersection. Mr. Harstad stated that regarding the single access into and out of the development, he believed that is a positive for a project like this. It keeps people from racing cars through the development, and the Police Department has said it is easier to police: It is more like a cul-de-sac street; it is more neighborly. From his experience with his other townhome projects, traffic is more easily handled with a single access. Mr. Harstad stated there seems to be some. concern over what effectively is a concentration of multiple family units. The land is actually zoned for significantly higher densities than what he is proposing. And, the higher density would be rental units as �pposed to owner-occupied. Mr. Harstad stated he can comply with all the stipulations and requirements made by the City. Mr. Bob Marty, 1140 Regis Lane N.E., stated he sees a lot of fast traffic on Regis Lane. He is concerned about the traffic with the young children in the area. One of the alternatives to help avoid traffic hassles coming out of the proposed development would be to go up Regis Lane to Matterhorn Drive to Gardena Avenue. He definitely sees increased traffic on his street because of the current speed levels. Mr. Marty stated he be purchased and townhomes, could it property? is also concerned that if the townhomes are to owned, if the development cannot sell the become low income rental in order to sell the Mr. Newman stated the City cannot restrict the developer from the ability to rent out a unit or units as long as a rental license is received from the City. Mr. Marty stated there are children who do not ride the school bus and cross the street to go to the school or the playground. The increase in traffic could pose a problem for the children who have to cross the street. He stated he is opposed to the development, because of the traffic concerns and the fact that the density seems a little high. 3.46 PLANNING COMMISSION MEETING, MAY 18_,_ 1994 _____ PAGE 25 Ms. Ann Jensen, 5572 Fillmore Street, stated she lives in a twinhome down rhe street. She is really concerned about the traffic. She would much rather see townhomes than an apartment building_ She has licensed daycare, and there are ctlildren from all over the neighborhood who play at the school playground. The traffic has not been too bad until now; but with 41 new townhomes, that traffic could be detrimental to the children. She stated it would be nice if the developer would acquire the state-owned property and access onto Hillwind Road. Ms. Connie Masica, 1070 Lynde Drive, stated that the neighborhood could still end up with the worst of both worlds, because Outlot A is still available for development. If the City approves the development of 41 townhomes, there is still the potential of an apartment building development on Outlot A. How many additional apartments could be put on Outlot A? Mr. Harstad stated one of the owners of Outlot A, Edwin Dropps, is willing to sell Outlot A. Mr. Harstad stated he could construct between 4-6 townhomes on that parcel that would all access onto Hillwind Road. Ms. Dacy stated staff has not�done a specific analysis on Outlot A, but she would estimate 18-20 apartment units on the low end, but that number could go up to 50 units depending on the site plan. Ms. Masica stated she has three children, so she is concerned about the traffic with the school and the playground. She finds` it a little humorous that the Police Department approves of the single access to the development for control when the Police Department has not yet been able to control the problems at the Polk Street Apartments. Ms. Masica stated that at a District #13 School Board meeting last fali, they were told that as of the fall of 1993, North Park School is at it.s maximum capacity. There is the possibility of splitting and having only 4th and 5th grades at North Park for the whole district, and grades K- 3 would be divided between Highland and Valley View. Current residents who have children already enrolled in North Park and live within that zone can still send their children to North Park, but any new residents wi.11 be subject to busing. She stated they really need to find out what additional busing might be happening in this area. Ms. Masica stated she is also concerned about the traffic at the Highway 65 and Central Avenue intersection. She has watched four or five green lights come and go before she can even get off Hathaway/Hackmann Avenue onto Central Avenue. She did not see where adding a third lane will help improve any congestion, because Central Avenue is only two lanes. Ms. Nancy J. Jorgenson, 5730 Polk Street N.E., stated she is addressing this item not as a Council member but as a resident. She stated she and her family have lived here for 17 years. During 3.47 PLANNING COMMISSION MEETING� MAY 18, 1994 PAGE 26 that time, she has seen three proposals for this property_ In 1981, she was the circulator of the petition that stopped the rezoning. Ms. Jorgenson stated her concern is not only with the density and the rezoning of the R-l. property, but also with the current property that is along Highway 65 and Hillwind Road which is within an FiRA redevelopment district. If for some reason, the Polk Street apartments ceased to exist, or some of the other apartment complexes were purchased by other people, there is the potential for having another office complex like the one located on Hillwind Road that is currently owned by the Stinskis. She has been contacted in the past by the Stinskis regarding their interest in purchasing the three apartment complexes located on Lynde Drive for a twin Hillwind office development. Ms. Jorgenson stated she believed that when this property was zoned R-1, it was zoned R-1 for a reason. The City generally stays within the requirements of what it feels the density of the neighborhood can handle. There are already a large number of apartment units in this area. She wauld be very pessimistic to see a six story apartment complex located anywhere on that property. For one thing, the developer would need soil correction. Secondly, the developer would need structural steel construction which is very expensive. Realistically, it is probably not economically feasible for that kind of development to happen, and this is more of a scare tactic to the neighborhood than anything. Ms. Jorgenson stated the proposed development is probably the highest class and the best she has seen proposed for this area, but she did not like the density this development would bring to the neighborhood. She has toured the petitioner's facility in New Brighton, and that development is very classy. Ms. Jorgenson stated she would recommend, as a neighbor, that the City not approve the variance or the rezoning. She is also concerned about an issue that was discussed at the New Brighton location regarding the excess material that would be removed from Lots 6, 7, and 8 in order to build this development. It was told to the neighbors that were present that ttie material from Lots 6, 7, and 8 would be deposited on the outlot sec�ion. Right next to the outlot on Polk Street is the BASFU on which the City spent a lot of money, as well as state funding, in order to try to get something that would filter the phosphorus and salt coming off I- 694 from filtering into Moore Lake. Any additional filling of dirt in this area is goinq to make that drainage plan next to impossible. Some consideration has to be given to that. Ms. Jorgenson stated she believed that at the time Polk Street was constructed where it currently looks as if there is a parti.al cu1- de-sac, the development agreement with the real estate company on that particular location included a stipulat.ion that indicated that road would not be punched through. Of course, they cannot deny access to a development. If apartment complexes were constructed 3.48 PLANNING COMMISSION MEETINGr MAY 18, 1994 PAGE 27 there and were more than five stories, she feels fairly confident that the Fridley Fi.re Department would require two entrances or exits for fire safety. Ms. Jorgenson stated she cannot believe some of the rumors she has been hearing regarding this particular development. Again, it is the finest that she has seen for this location; but, in her estimation, she believed the best use of this property, although it would not give the developer the most financial consideration, is single family homes. Mr. Newman stated that based on the comments made by Mr. Harstad during the public forum, if the project was amended to include Outlot A and the density increased to 46 units, that has taken care of the possibility of Outlot A being used for an apartment complex. Would that change Ms. Jorgenson's feelings about the project? Ms. Jorgenson stated she would still probably recommend that the portion of property that is currently zoned R-1, Single Family Dwelling, remain R-1 zoning. If the developer wants to put a town�ome development on the R-3 zoned property, she would probably support it, as long as it did not require additional fill around the BASFU area, ponding, or any environmental wetland conditions. As an alternative, that option is obviously better than an apartment complex. It is something that could be done without any action from either the Planning Commission or City Council unless variances were needed. Mr. Newman stated the problem the City is facing is that if this proposal is denied, they may well run the risk that a developer will come in and build an apartment building and the City will lose the control. However, they can ask Mr. Harstad to amend his proposal so that the townhomes are on the entire parcel., including Ou�lot A. Ms. Jorgenson stated she would still be adamantly opposed to the rezoning. Her issue is strictly with the density. Mr. Sielaff stated he believed the main issue is traffic going by the school and that if there was another access to this development, that would alleviate a lot of the neighborhood's concerns. Ms. Jorgenson stated it would alleviate some of the concerns as far as the traffic going by the school. But, traffic is always going to be an issue. Basically, everything west of Matterhorn runs through Polk Street down to Hackmann or Hathaway and out to the Highway 65/Central Avenue intersection. She did not know how they are ever going to address that traffic problem, even with the improvements that are proposed for Central Avenue and Highway 65. Mr. Iiarstad stated that Ms. Jorgenson has voiced all the concerns that need to be discussed in this forum. 3.49 PLANNING COMMISSiON MEETING, MAY 18, 1994 PAGE 28 Mr. Harstad stated the price of the condominiums is minimally $II3,900. The end unit base price wi11 be at least $89,900. They tlave not yet factored in all the costs. The R-3 portion of the property needs significant soil correction, particularly on the west half of the property, so there are some significant soil correction costs. The only way he could dare suggest townhomes on the west side would be right up against the Hillwind. The soil gets better as it moves eastward. For an apartment building to be feasible, it would need to be a tall building, because it would need soil correction which would necessitate a steel structure as opposed to wood structure. Mr. Harstad stated he is proposing very nice townhomes. He intends to move into this development if it is approved. Mr. Harstad stated that regarding the demographics, they have found that the demographics of townhomes break down the same way in each neighborhood. Roughly two-thirds are 30-somethings and one-third is empty nesters. In both subsets, about two-thirds are singles and one-third is couples. Of the singles in both subsets again, about two-thirds are female and one-third is male. Less than 5% of the units have children at all, and it is very rare to see two or three children in these townhomes. Mr. Harstad stated this proposed development is across the street from a grade school, and it has more of an attraction to the single mom with children in grade school. But, his project in St. Anthony Village that is across the street from a grade school has no children. Mr. Harstad stated that if the wetland did not come out of the hill that actually drains the I-694 intersection, he could route the traffic out onto Hillwind Road, but, again, that would not help the Highway 65/Central Avenue intersection. Mr. Harstad stated that regarding the access into the development, he believed it is in the neighborhood's best interest to have only one access into the development. Mr. Harstad stated the rezoning of the R-1 portion of property in no way increases the density over what otherwise could go into this project, and the reason for that is the condition of the soils. Soil conditions are poor enough on the R-3 portion that it takes a steel structure for a doable project with a higher density, �aller building. Mr. Harstad stated that regarding placing excess fill on the western portion, that excess fill'is what they are going to dig out for the basements. The logical place to put the fill is in what is presently the low land on the west side of the wetland, because that is the unbuildable part of the project. Mr. Harstad stated that Ms. Jorgenson's density concern is not handled by denying the rezoning. In fact, allowing the rezoning 3.50 PLANNING COMMISSION MEETING, MAY 18� 1994 _ PAGE 29 effectively eliminates the potential for significantly higher density_ Mr. Edwin Dropps stated he and 011ie Erickson have owned this property for 22 years. He has come to the City with a number of proposals over the years; some have been dropped because of the nei,ghborhood opposition. This is the fourth proposal. He stated he has paid over $100,000 in taxes over the last 22 years, and they have to do something with the land. They believe this is a good project that is good for the community and is better than anything else they can get. He stated he does have a definite buyer for a multiple dwelling on the R-3 zoned property if this project is not approved. This is not meant as a threat. The townhome development is.a much better proposal for this property than any apartment building. MoTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 10:50 P.M. Ms. Savage stated that Ms. Jorgenson articulated very well the concerns about density and traffic. Fiowever, she is very impressed with the quality of the project. There isn't anything like it in Fridley that is this classy. She believed this type of housing would be an asset to the City. She stated she has been persuaded by Mr. iIarstad that these types of townhomes generally attract smaller amounts of residents which will ultimately help the density problems. She stated they should do whatever they can to alleviate some of the traffic problems. She stated she would recommend approval of the rezoning, vacation, and plat requests by Mr. Harstad. Mr. Saba stated�he agreed with Ms. Savage; however, he would Zike to see the density decreased to less than 41 units. The traffic concern has to be addressed somewhat, even though he realized it is kind of out of the petitioner's hands. As Ms. Jorgenson stated, this is a very classy development and probably the best development for this area. On the other hand, the best thing for this area would be no development. It is kind of a catch-22, but he would be inclined to recommend approval of the requests. Mr. Oquist stated he shares Mr. Saba and Ms. Savage's sentiments. He does live in the area, so he has some real concerns about the density. It would be nice if the developer could acquire Outlot A and build some more townhomes to help reduce the potential of additional densities. He stated this is the best proposal he has seen for this area; and even though he is hesitant because of the traffic problems, he would recommend approval. Ms. Modig stated it is the best project she has seen for this area. She can understand the residents' concerns about the traffic, and maybe something can be done to help control the traffic through 3.51 PLANNING COMMISSION MEETING,. MAY 18, 1994 PAGE 30 tr.affic signs and police patroi. 'I'his is a nice project, and she would like to see Outlot= A<ic3dc�d to assure the neighborhood that there would not be another apartment building. Mr. Sielaff stated he also agreed the density and traffic issues are a wash no matter what happens on that property. This is a quality development. He personally would like to see owners as opposed to renters which is better for the neighborhood overall. Mr. Newman stated that if Mr. Harstad wanted to incorporate Outlot A into his development, what would be the best way for him to do that? If they are going to include additional land, is another public hearing necessary? Ms. Dacy stated there would be no need to hold another public hearing because Outlot A was part of the public hearing notice. If the Commission wants to review the site plan for Outlot A, then they.could continue the public hearing until Mr. Harstad has had time to submit the plan. The other option is for the Commission to act on this proposal and send it ont� the Council for action. The Commission would then not be reviewing the site plan for Outlot A. Mr. Harstad stated that if the Commission was willing to call a short recess, he would discuss this with the property owner of Outlot A and make a decision at this meeting. MOTION by Mr. Saba, seconded by Ms. Modig, to take a 15 minute recess to allow the Mr. Harstad and Mr. Dropps time to discuss the inclusion of Outlot A in the development proposal. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE MEETING RECESSED AT 10:50 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to reconvene the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE MEETING RECONVENED AT 11:05 P.M. Mr. Harstad stated that he and Mr. Dropps have dis�ussed the purchase of Outlot A and the inclusion of Outlot A into the development proposal. He sta�ed that 4-6 townhomes along Hillwind Road could probably be made to work. MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend to City Council approval of rezoning request, ZOA #94-02, by Forrest Harstad of Twin City Townhomes, subject to the following stipulations: l: Plat request, P.S. #94-04, shall be approved. 2. Vacation request, SAV #94-02, shall be approved_ 3.52 PLANNING COMMISSION MEETING, MAY 18, 1994 __ PAGE 31 3. Variance request, �TAR #94-02, sha ll be approved_ 4. `ihe rezoning request is contingent upon the site plan as submitted by the petitioner and reviewed by the Planning Commission at its May 18, 1994, meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Savage, seconded by Ms. Modig, to recommend to City Council approval of vacation request, SAV #94-02, by Forrest Harstad of Twin City Townhomes, subject to the following stipulations: . 1. Plat request, P.S. #94-04, shall be approved, and the vacated area shall be combined with the property to the east. _ 2. Rezoning request, ZOA #94-02, shall be approved. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Ms. Modig, seconded by Mr. Saba, to recommend to City Council approval of preliminary plat, P.S. #94-04, by Forrest Harstad of Twin City Townhomes, subject to the following stipulations: l. The petitioner shall record in the condominium declaration that the association shall be responsible for the plowing, maintenance, and repair of the private roads and driveways. The declaration shall permit emergency vehicle access. 2. The driveways shall be signed "no parking" on both sides. The condominium declaration shall be amended to prohibit parking on both sides of the driveways. 3. The petitioner shall place a stop sign at the intersection of the private drive with Fillmore Street. 4. Access, maintenance, and repair easements shall be executed and recorded against the development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive. 5. The condominium declaration shall be amended to require maintenance and repair of the stormwater pond by the association. 6: The petitioner shall comply with all comments by the Engineering Department regarding the grading/drainage/ erosion plan, which will consider the flow from the Western Ridge development. 3,53 PLANNING COMMISSION MEETING MAY 18 1994 PAGE 32 7. The petitioner shall obtain Watershed District Qrior to permit. : � a permit from the Rice Creek the issuance of a building The condominium declaration shall be amended to hold the City harmless for the operation, maintenance, and repair of association improvements as a result of work on the public sewer line. The condominium declaration shall require the association to repair and maintain the private utilities. 10. The utilities shall be constructed to municipal standards. 11. The association shall authorize the Public Works Department to flush the hydrants in accordance with City policies. 12. The grading plan shall be amended to indicate the number of trees to be preserved. 13 . The petitioner shall pay a park dedication fee of �i�50' �o per unit (41 ur�its at $750.00 equals $30,750) p the issuance of a building permit. 14. The landscape plan shall be revised to provide 15 six foot evergreen trees. Undergroun 512 F llmore Street)e provided al.ong the R-1 property { 15. The condominium declaration shall require maintenance and/or repair of landscaping by the association. 16. The petitioner shall submit a letter of credit in the amount of 3% ot the construction value, not to exceed $60,000, to cover the outdoor improvements. 17. The condominium declaration shall indicate the layout of the project as submitted on the plat approved by the Fridley City Council. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. 18. The grading and drainage plan shall be amended to conform with the recommendations stated in Scott Erickson's memo dated May 13, 1994. 19. Outlot A shall be included in the subdivision with Outlo� A containing no more than six residential units. Access to the residential units shall be directed onto E-iillwind Road. 3.54 � PLANNING COMMISSZON MEETTNG, MAY 18, 1994 PAGE 33 For clarification, when �he stipulations talk about "no parkinq" in the driveway, that is referring to the private drives serving the units and not the individual driveways immediately in front of the garages. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. . Ms. McPherson stated these items will go to City Council on June 20, 1994. 5. RECEIVE APRIL 4, 1994, PARKS AND RECREATION COMMISSION MINUTES• MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the April 4, 1994, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE APRIL 26, 1994, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. SieZaff, seconded by Ms. Modig, to receive the April 26, 1994, Environmental Quality & Energy Commission meeting. JPON.A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TIiE MOTION CARRIED UNANIMOOSLY. ADJOURNMENT� MOTION by Mr. Saba, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the May 18, 1994, Planning Commission meeting adjourned at 1i:20 p.m. Respectfully submitted, - �- �-�`- Ly � e Saba � Recording Secretary 3.55 / (—_� �� Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 �� . TO: William Burns, City Manager � ��F SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-05, by Chris Rodgers; 6050 - 6th Street N.E. The City Council tabled the variance request to reduce the front yard setback from 35 feet to 22.4 feet at its June 6,. 1994 meeting. The City Council requested additional information regarding setbacks of other houses on the east side of 6th Street as well as additional information regarding the variance request for 5831 West Moore Lake Drive N.E. Staff inet with the petitioner on Monday, June 6, 1994 to.review the setbacks of the dwellings on the east side of�6th Street. The petitioner measured the setbacks for 6011 -, 6021 -, and 6061 - 6th Street. The setbacks for those dwellings after subtracting the 12.5 foot boulevard is 28', 30', and 28'. Staff also reviewed the 1965 City Council minutes regarding 6061 - 6th Street N.E. (minutes attached). A variance was granted to allow the property owner to construct a garage within two feet of the property line, as opposed to the five foot setback. No variances tor the front yard setback were granted. Staff reviewed the variance request, VAR #93-18, for 5831 West Moore Lake Drive N.E. At the request of the�petitioner, the setbacks for 5741 and 5891 West Moore Lake Drive were measured. The setbacks of those dwellings are 30.2' and 34.7'. MM/dn M-94-314 � '� S TAFF REP a RT Communit� Development Department Appeals Cominission Date May 24, 1994 Planning Commission Date City Council Date June 6, 1994, June 20, 1994 APPLICATION NtTMBER: ♦ VAR #94-05 PETITIONER• ♦ Chris Rodgers LOCATION: ♦ 6050-6th Street REQUEST• ♦ Reduce the front yard setback from 35 feet to 22.4 feet. Approval of the variance will allow construction of a kitchen/front entry addition. See attached letter dated May 5, 1994, from the petitioner regarding the reason for variance and hardship. ANALYSIS• ♦ Section 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right- of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling and the parcel meets the minimum lot area and lot width requirements. The petitioner is proposing to construct a 10 foot x 22 foot addition to the front of the dwelling unit. The existing dwelling is located 32.4 feet from the front property line. A variance will need to be granted to correct the existing encroachment. �� Staff Report VAR #94-05, 6050 - 6th Street N.E., by Chris Rodgers Page 2 The adjacent properties are located at about the same setback as the subject parcel. The dwelling to the north at 6060 6th Street has a foyer which appears to be slightly closer to the street. The proposed addition is located in the "center" of the home in front of the remainder of the house and the garage. There is at least 25 feet on either side of the addition. Site lines from adjacent homes should therefore not be affected. No similar variances have been requested or granted previously in this area. The City has previously granted front yard variances to 22, 17.5, and 13 feet. This request is within previously granted variances. RECOMMENDATION/STIPULATIONS: ♦ Staff has no stipulations to recommend as condition of approval. APPEALS COMMISSION ACTION: ♦ The Appeals Commission voted 3-1 to recommend denial of the . request to the City Council. The Commission was concerned with setting a precedent for the block. � �7 I�ariance Application Form Attachment S-S-94 Reason for Variance and Hardship: Chris Rodgers/var-att. doc Problems (Reason for Variance): a) The kitchen is too sma11. Not only is there not enough room for more than one person to be in it, but there is not enough counter space to prepare a full meal for a family of four (see attached drawing "Existing NE Corner"). b) The dining room is too small. We do not have enough space to install and use a full sized table that we would like to use for seating our family and guests. c) The front entry is in a poor location. During the winter season when the front door is opened, most of the living space is instantly chilled. During all seasons, either snow or dirt is tracked into the house when using this entrance. Proposed Solution: I propose a 10 x 22' addition to the northeast corner (front) of the house. This additional space will accommodate a larger lc�tchen and dining room and also a front entrance room (see attached drawing "Proposed NE Corner"). Hardship: Because of the layout of the house and for economical reasons an addition to the northeast corner is the most logical. There is not enough property space to the south side of the house and the garage is on the north side. There is room to the west side, but this would, at a minimum, double the cost of the addition. The plumbing (both supply and sewer), electrical and gas would have to be moved entirely across the house. We would aiso have to make accommodations for the bedroom that wouid be lost in relocating the kitchen and dining room. Also, an addition to the west side of the house would not solve the problem with the front entrance. These factors make this option not economically feasible for us. An addition to the northeast corner of the house is the most logical solution. 4C ;�i � ,` z,, , .r — — "r_______' - -. 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L'� 1�� . 9 �l 4 5 f. �� 1 � � LE A� _ � `3 `-- �� I E LD , r� e s �a ,� . z T W � `n H_�� g =;;T?�,,�=� T W MARlGOLD �a s ��};r;;;r'' � ¢ ;r .s i3 �z T AV '° �— ' ' 9 , iG iL /7 /8 /9 Zo 2 � IL i �� 58 7H. � ic� ,o � ►- (J� 9 4 ; // 4' �. G , 3. Z i }� / /1 � I U z � � � ij � B 9�� j , � � ZI d z �4 H l NE PLACE u z i0 �S p .� � 5 d� -� a : I 1 1� _t; If '1 9 ;B i � � �,� r � - _ `- -` . �v�"N u E ; � Ni �L..l DISTRICT LEGEND FAMILY GWG'S ❑ M-1 LICNT IHDUSTpIpL � FAMILY DWG'S O M-2 NEAVY INOUSTRip� � . MULTIPIE DWC'S � PUD PLANNEO UNIT DEV. � IR-� MOBILE NOME GRRK � 5-1 NVDE VqRK NEIGNBORNOOD ❑ P PUBIIC FRGILITIES 0 S-I REOEVELOPMENT DISTXICT 0 C-1 LOCAI BUSiNESS ❑ O-1 CREEK 8 PIVEN VRESERVRTION '�' C-4 GENERRI BUSINE55 � O-7 CPITICAL nNEA � G-J CENENAI SNOPFING � - RI GENENRI OfFICE ❑ VACATED STPEETS .�J 4E ZOIVING MAP �C 0 i 6th Street VAR ��94-05 � �� Chris Rodgers 0 � O N �- O -� M 0 � � M E � � � O N ' N U � H � � t1J � J 0 � � � L� � w o z � � o w „ w v� � � � m � � -� = o �-- � X � � � � p m O �S � `, cn .� t U � w N Z Y � � � o U � Z Z w O Q . � _ cn � ° � o J m Q U x � w � Q M Z Y �, z � ❑ � Q � Q J m � 4F H W W � � z � a z J a U � � � -� � � � � t � O � LL � L � �-- VAR ��94-05 Chris Rodgers � � � � �x w L � � L � U W Z 4G N U � U N C 1 x a� \ � rn I 0 � � 0 � N L � � � 0 � U � � � � � � VAR ��94-05 Chris Rodgers � �ry� � W � � 0 0 � U O w � � 4H N U � U N C � a. O L a \ v rn I 0 � � 0 � N L m � � � �' U Variance # VAR #86-�2 VAR #86-27 VAR #86-28 VAR #86-34 VAR #87-14 VAR #87-16 VAR $#87-28 VAR #87-30 VAR #87-31 VAR #88-12 VAR #88-23 VAR #89-16 VAR #89-21 VAR #90-13 VAR #90-15 VAR #90-16 VAR #90-17 VAR #90-22 VAR #91-02 VAR #91-09 VAR #91-11 VAR #91-12 VAR #92-09 VAR #92-14 VAR #92-16 FRONT YARD VARIANCES GRANTED 1986 - 1993 Address 6715 Ashton Avenue 105 - 71 1/2 Way 5330 - 4th Street 537 Fairmont Street 5200 Lincoln Street 565 Cheri Lane 5660 Arthur Street 6133 Woody Lane 7231 East River Road 5201 Pierce Street 6405 Van Buren Street 7110 Riverwood Drive 590 Kimball Street 5720 Polk Street 590 Kimball Street 110 - 64 1/2 Way 6420 Alden Way 6850 Brookview Drive 600 Buffalo Street 5218 Matterhorn Drive 570 Ironton Street 405 - 57th Place 5096 Hughes Avenue 991 - 67th Avenue 6700 Anoka Street 41 Variance Granted 35 ft. to 9 ft. 35 ft. to 25 ft. 35 ft. to 14 ft. 35 ft. to 26 ft. 35 ft. to 25 ft. 35 ft. to 16 ft. 35 ft. to 28 ft. 35 ft. to 25 ft. 35 ft. to 25 ft. 35 ft. to 15 ft. 35 ft. to 26 ft. 35 ft. to 30 ft. 35 ft. to 29 ft. 35 ft. to 18 ft. 35 ft. to 23 ft. 35 ft. to 34.31 ft. 35 ft. to 21 ft. 35 ft. to 31 ft. 35 ft. to 14.5 ft. 35 ft. to 29.5 ft. 35 ft. to 21 ft. 35 ft. to 14 ft. 35 ft. to 29.5 ft. 35 ft. to 17.5 ft. 35 ft. to 21 ft. Front Yard Variances Granted 1986 - 1993 Page 2 Variance # VAR #93-08 VAR #93-13 VAR #93-18 VAR #93-22 VAR #93-24 VAR #93-31 VAR #93-32 VAR #93-32 Address 180 Liberty Street 6810 - 7th Street 5831 W. Moore Lake Dr. 275 Ironton Street 71 - 63 1/2 Way 7536 Tempo Terrace 102 - 71st Way N.E. 7095-99 Hickory St. 4J Variance Granted 35 ft. to 34 ft. 35 ft. to 32.7 ft. 35 ft. to 31.3 ft. 35 ft. to 8.2 ft. 35 ft. to 22 ft. 35 ft. to 30 ft. 35 ft. to 28.44 ft. 35 ft. to 31 ft. � BUILDING PERMIT AND VARAINCE - 6061 -6TH STREET NORTHEAST: RAPP; Mr. Rapp was present-at the Council meeting. He stated that he wishes to have' the Council grant him a waiver of the side yard requirement to allow him to build a garage within two feet of his property line instead of the five feet required by the Zoning Ordinance. He showed plans of the construction to the Council. Councilman Wright stated that the design which Mr. Rapp showed to the Council is a good solution to the problem of building a double garage upon a small lot. He stated that the design provides more room between Mr. Rapp's garage and the.garage of his neighbor and that he should show this design to developers. Mr. Rapp stated that among other things the design includes provision for locating frost footings within the side yard requi�ements of the Zoning Ordinance and that the garage has a cantilever floor extending 18 inches beyond the footings. Motion by Wright to approve the application for a Building Percnit at 6061 - 6th Street Northeast to Mr. Robert Rapp and grant waiver of the side yard requirement from 5 feet to 2 feet from the property line. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. ESTIMATE - RE• BOND SALE• The City Manager explained that Mr. Ehlers asked him whether it would be possib�e to include in the estimate an additional amount for the prospectus since it was necessary for the Financial Consultant to furnish a prospectus for each of,-the individual bond issues. The Mayor stated that examination of the estima,te of the Financial Consultant indicates that the City is getting a bargain in ttie fee of the Financial Consultant since the consultant lumped the fees for the thr`ee bond issues together and computed them as one instead of computing thetn all separately. . ,' , Motion by Wright to okay payment in the amount of $8,607.50 to the Financial Consultant for his services to the City in handling the three bond issues. Seconded by Kirkham. Upon a voice vote, there being no nays, the •�motion carried unanimously. JESSE & COSGROVE - 5609 - 5TH STREET NORTHEAST: Councilman Wright stated that the attorney who wrote this letter took a slightly different position from attorneys represer�ting other insurance companies. This attorney is assuming a position of defe;rding the client rather than looking solely to the interestof the insuran��company even though he is employed by the insurance company. Mayor Nee askecLTir. Geisen whether he could report on the condition of the structure at 56'09y- 5th Street Northeast. �ir, Giesen stated that the h,�a`me had been inspected on May 28, 1965 and on June 9, 1965 by a team of �nspectors, including Mr. Flynn, the Building Inspector of Coon Rapids, the City�Building Inspector and himself. He stated that it was found the home has be�ri moved to the north by the tornado, that the walls in the home are split at tkie front doorway, the floor is cracked in the northwest corner, the east and nortYi�walls are bowed out at the ceiling, the roofing, the ceiling and the floor cavering were destroyed. Mayor Nee,-suggested that the communication from Jesse & Cosgrove could Ue referred"to the City Attorney for review and possible recommendation. Councilman jJrigl�t stated that Lhe Council could also ask the insurance company why they have not settled the claim for damages on the home since it has been more than �ne monttl since the home was damaged. • � 4K :`Iotion b�� i<i_rkham Co receive tt�e letter from Jesse & Coss;rove concerninF; the CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER ��1�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: MINNESOTA LAWFUL GAMBLING PREMI88 PERMIT APPLiCATION FOR TOTINO-GRACE HIGH SC$OOL DATE: JUNE 10, 1994 Attached is a resolution approving the application for a Minnesota Lawful Gambling� Premise Permit for Totino-Grace High School at Maple Lanes Restaurant, 6310 Highway 65 Northeast. Totino-Grace was operating pull-tabs at Ropers until it closed in late April. The site at Maple Lanes has been available since the World Association of Alcoholic Beverage Industries (WAABI) discontinued charitable gambling there in December, 1993. Notice that Totino-Grace plans to operate pull-tabs only during the months of September through April. Minnesota State Statutes r,equires the adoptiqn of a resolution approving or denying any type of gambling permit. �. RESOLUTION N0. - 1994 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Sandee's, 6490 Central Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Totino-Grace High School. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. A ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5A WILLIAM J. NEE - MAYOR L�..:Z : Y (�i29:�1� Miru:esota Laivful GambIinq Pr��ises �'e�-�� A��,L��z.an - �� L �. �f 2 Y4''r. - ..._ _ �; � 1 BASE �---- -- �r # I FEE CHECK lN1TlA� S c 4T� ; < �pe o,fA�plECrerion: ;>:.. � Class of premises permit Renewa! (check one) �rganization base license number ��':� (� A($400) ��!-iabs, tipboards, paddtewheels, raifl2s, bingo Premises permit number; � New � 8($250) Pull-tabs, tipboards, paddewheels, raffles ❑ C ($200) Bingo only ❑ D (5150) Raffles only Name of Organization I G 1/�r: _ C�kJ�G� H��;-r ScN�cL Business Address oi Organization - Street or P. O 8ox (Do not use the address of your gambling manager) - 13So �Ae,nEN� �RuE � - �f ; �Ey M �"'�'� �. A►�a�� c61�� /-9�/� Name of chief executive officer (can�otbe your gambGng manager) Tide Daytime phone number ��.��r,+Fr P��.�r�n� RsaCea_ PQ�.s;naw� t6iZ) 57�-4I%b If applying for a class A or C permi�. IIll in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your org�nization per week. Day Beginning/Ending Hours Day Beguuung/Ending Hours Day Beginning /Ending Hours tn_� . � t,o - � to If biago �vill not b� conducted. check here to _ to � Is ihe premises located withi� city limits? (�'Yes � No If no, is township 0 organized � unorganized O uni�carporated City and County where gambling premises is locaned OR Township and Counry where gambling premises is located if outside of ciry limits F'Q�p��Y � ArveKA � Name and address of legal owner of premises Ciry State Zp Code Fridlev 12ecreation & Service c�310��]�g��e6�a�T��., Fridley, MN 55432 Does your organization own the buildng where the gambling will be conducted? � YES p NO If no, attach the folbwing: • a copy of the lease (form LG202) with oerms for at least o�e year. ' a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D app{ications. � - - � ..G� ' .�• _ _ _"._'-_"___'_ "_�. _.__.. .__ . ._�.t;r� if( ��'�Y'"�'1✓:: z �s":`fleY' ,L-�� :�?3L:�3`a.�� — S'as'� .r.i ?P� a'yt _ = I \� e j. _� --tn�C i�iCCQ:1:2� �I1fa17RtIt2L:7� : .,rQT131.'.ITI B:.«r Bank Name Bank Account Number ,. : : ._ . � - .- �_ . --- �. , r � , ) � , i ( ! i ,_ ;i j= ;^•� : 4 f ,• a., � � r �,r - Bank Address CiN State Zip Code -- '';: ' '1: _ -,; :vr - -- -- — — — ;: ;:: N�]R36, &�0/355, c7Rif u11� GT �c�ISOiT5.3(I . . y....;tZaUprS �— !._.^.. ��, -I . -i . `f �van�e AGvi@SS 77tl8 �/ Ci �� i,' i i i�' � I T 5{.. i 1'L1 �: �� ',.� f �l - � r •: �� f:.i t, `�, i k��;.-'� ii � 1� js� Af�(�i:�ilwv � �G� LRW R�NC� V'l��Li��.. 71O/ W"�.1A%i1u. �1�, RoSEJI.�..C. �"�1'�HB�T� ��unl ��n�tA2GZyK �2�7.� - lt�y'" lav N�7 A,�nacw� t`{[.KB�k- .-- I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to enforce the law. Bank Records Informaiion The board is authorized to inspect the bank records of the gambling account whenever necessary to futfill requirements of current gambling rufes and law. Oath � I declare that: •I have read this application and all information submitted to the board is true, accurate and complete; •all other required information has been fully disclosed: •I am the chief executive officer of the organization; •I assume full responsibility tor the fair and lawful opera- tion of all activities to be conducted; •! will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agrde, if licensed, to abide by those laws and rules, including amendments to them; •any changes in application information will be submitted to the board and bcal unit of government wiihin 10 days of the change; and •I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 1. The city'must sign this application if the gambling prem- ises is located within city limits. 2. The county'•AND township•• must sign this application 'rf the gambling premises is located within a township. 3. The local unit government (ciry or county) must pass a resolution specifically approving or denying this appl'�cation. Clty' O� 4. A�Ry of ihe bca! unit of qove►nmenYs resolution ao- roving this ao�lication must be atta hed to this aR�lic-�tion 5. If this appl'�cation is denied by the local unit of government, it should not be submitted to the Gambling Control Board. Township: By signat�re below, the township acknowledges that the organization is applying for a premises permit within township limits_ Townshi Ciry or County Name � Township Name Signature of person receiving application � Signature of person receiving application Title r DaDe Received ( TiBe , _- I Date Received � Refer to the instructions for required attachments. Mail to: GambUng Control Boa�d Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roaevllle, MN 55113 5C LG214(Part 2) (Hev729'91) _:3202 (1 O/28i92) l.�ilt7:.°.�^:� T Qd.Uf' T �L.'ITit?::::y^ �3s� A�r��men�t p: �m€.�e� Ir�`o .s ati3n Name and Address of Lessor ,4dciress City2ip Code Phone - _ • { ; :, ) Na:�e of ! egal Owner of Gambiing Premises Addr�ss Cit}��iF Code Pnone -- - =- ; = i ) Name and ,�ddress of Leased Premises Address City/Zip Code .7 ! r�`� Name of Organization Leasing the Premises (lessee) License Number, 'rf known �o7�No- ��F��. N��N S�eNaci... �'18Y7 Gdmbling Activity The lawful gambling activity which the organization will conduct is (check all that apply): 0 bingo �7 raffles C� paddlewheels Rent I�lformBtioII (See Rules 7861.0060, Subp 2D) Class A and C premises permits: Rent for bingo and all other gambling activities conducted during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square feet Rent to be paid per bingo oc.Gasion $ C�1 pull-tabs � tipboards Class B and D premises permits: Rent for gambling activities not including bingo is a maximum of $1000 per month. Rent to be paid per month $ lDA� MO Rent may not be based on a percentage of receipts, profits from lawful gambling, or on the number of participants attending a bingo occasion. An organization may �ot pay rent to itsetf or to any of its affiliates for space used for the conduct of lawfu! gan ,, Premises Description :, � ; , i !: . ;:; ;: , ; The area(s) leased within the premises are �_ feet by d' feet, for a total of ��'" square feet. feet by ieet, for a total of square feet. feet by feet, for a total of square feet. Combined total square feet Sketch ' _ _ . _ _ _ _ _ _ _ ___ Attach a sketch which shows the location and dimensions of the leased areas. Effective Ddtes The lease will go into effect at 12:01 a.m. on 19 ' , and will end at 12:00 a.m. on 19 9� • for a period of at least one year. ., ;.., Ttmes' cind Days of Bingo Actiuity (�t none, ir,d�ate wn) <' 0 N�a . ° The bingo occasions will be held (a maximum of 7 bingo occasions per organization): from (hours) (a.m./p.m.) to (a.mJp.m.) on (days of week) . from (hours) (a.mJp.m.) to (amJp.m.) on (days of weekj _ from (hours) (a.mJp.m.) to �(a.mJp.m.) on (days of week) _ from (hours) (a.mJp.m.) to (a.mJp.m.) on (days of week) from (hou�s) (a.mJp.m.) to (amlp.m.) on (days of week) from (hours) (a.mlp.m.) to from (hours) (a.m./p.m.) to 5D (amJp.m.) o� (days of week) (amJp.m.) on (days of week) _- � G_ a�..:Tn �i� rn_v -._�. .._�_ .SE d..c.�,. .�. " ' '6. �7 =aa��_"'_ �,YS --_..� _ 3�?:.. • When leasing from a licensed bingo i�ali, the lessor must be legal owner of the property. ° Tha owner oi the proper�y or the lessor „�ay noi manaye gambling a: the premises. ' The lassor of the premises, his or her immediate family, ard any agents or employees of the lessee may not participai�s ,�s alaya;s in th� cc^a�ci of law��1 ya^bl;ng on ?ne leased premises. ° Tha lessor and the iessee do not �a•re a direc? or indirect financial interest in the distri�ution or manufacfure of gambling equipment_ ° The lessor of the premises will aQow the 8oard or ag�nts ef the Board, i�e Commissi��e� of Fubiic Safary or agents of the commissioner, or the Commissioner of navenue o� ag��ts o# tha commissioner, and law enforcement personnel to inspect the premises at any reasonable time, and permit the organization 20 conduct lawfu! ga�^�51ing at ihe premises acco;di^g ;o tha terms oi this lease. The lessor may not �!-npose a�y conditions on the organization regarding distributors of gambling equipment, services, or the use of profits. • The organization must obtain an organization license, gam6ling manager license and a premises permit from the Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawful gambling. • The organization must have, at the garr�bling premises, a cuRent inventory of gambling equipment, a sketch with dimensions of the premises availa6le for review, and a clear physical separation or divider between the lessee's gambling equipment and the lessor's business equipment. • The organization will be responsible for ensuring that the lessor's business activities are not conducted on the leased premises. • The lease shall be termi�ated immediately for any gambli�g, liquor, prostitution or tax evasion violations occurring on the premises. - • The lessor of the premises shall provide the tessee access to the licensed premises during any time reasonable and necessary to conduct lawful gambling on the premises and as agreed upon in this lease. �(Write in any other conditions or restrictions that will be included as part of the lease. Attach additionaf sheets 'rf necessary) 30 I�ay Termination notice by either party to cancel lease, with or witho cause. $1,000 a month rent for September through April. Totino-Grace High School does not wish to operate and will not�operate during the period of May 1 through August 31. This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board within 10 days of the change. Signature�f_Lessor Date S'' ture of � �' ,�� " � ;7 �i ��'� �.:.-:� �-��; --> .-L_- l � (lessee) �� Date Title � Title ' Secretary �� i��j-� A CODV of this lease and sketch with dimensions musi be submitted with the premises permit application renewal or when changes in the lease occur to: Gambling Control Board 1711 W. County Road B, Suite 300 S Roseville, Minnesota 55113 (10/28/92) 5E n ,` . �� ., � � ,� r � � l__.�! i % r � � �.v �!—�.!!� �-i�� 5F r � � . Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager � fi FROM: SUBJECT: Barbara Dacy, Community Development Director First Reading of an Ordinance Repealing Chapter 220, and Adopting a Residential Rental Property Maintenance and Licensing Code All rental property owners as listed on the City's most current licensing list were mailed a copy of the draft ordinance amending Chapter 220 the first week in May. The owners were advised of nine changes to the ordinance since the public hearings took place on the ordinance amendment in March. The notification letter requested written comment by June l, 1994. To-date, staff has received a total of ten comments from rental owners, six of which were conveyed to us by phone, and four wrote us by letter (see attached). To follow is a discussion of the comments received and recommendations regarding a�nending the ordinance. Staff recommends that the City Council ordinance for first reading subject to the changes this memo. Phone Comments proposed approve the discussed in We were contacted by phone by Tim Parker, Doug Jones, Arnold Elmquist, a representative from Georgetown Apartments, Norma Rust, and John Dalton. Mr. Parker was in favor of the proposed ordinance. Mr. Jones asked general questions about the ordinance. Mr. Elmquist stated that he felt the fee schedule was unclear. The representative from Georgetown Apartments asked questions regarding the standards for exterior lighting of rental parking lots. Ms. Rust objected to the 150% license renewal fee after a license is suspended or revoked. Because the owner will not be receiving rent, she believes that the lost revenue is a penalty. She owns a four-plex. If the license is revoked for one of the units, she believes that the 150% charge is not fair if the three remaining are still occupied. Finally, Mr. Dalton questioned the requirement for laundry rooms to have an openable window or an exhaust fan connected directly to the outside (page 15, Section 220.10.06). Residential Rental Property Code June 10, 1994 Page 2 Written Comments Written comments were received from Tim Chies, John Morrissey, Roger Challman, and Roger and LaVearle Carey (see attached letters). I am in the process of responding personally to each of the owners who have written a letter. The comments are primarily concerned about the amount of the fee increase, and that the code is discriminatory if similar requirements are not demanded of single family property owners. No specific changes to the ordinance language is recommended as a result of analyzing the comments expressed in the letters. Fee Issues There are two issues pertaining to the fees which the City Council may want to address: 1. Proposed fee schedule. The City Council may choose to increase or decrease the fees, or as was suggested during the public hearings, phase in the fees over a period of time. A fee schedule has been prepared which would pay for approximately 50% of the inspection program. The fees for rental licensing have not been raised since 1981. We also completed an extensive analysis of other cities in developing the recommended fees. 2. Fees for revoking or suspending a license. The ordinance has been amended to clearly indicate that the City Council has the ability to revoke a license for an individual unit, as well as the entire building in response to the concerns raised regarding the tenant behavior section of the ordinance (220.14). Prior to revocation, proper notice must be made and a hearing held. The process for suspension and revocation is identified in Section 220.13.09. The proposed fee to reinstate a revoked or suspended license is 150% of the annual license fee. Ms. Rust commented that this fee was unfair if charged for only one unit. If a license for a single family home were revoked, the penalty would be $37.50; for a four unit building, it would be $150.00; for an 11 unit building, it would be $202.50. The alternatives are to establish a fee on a flat rate basis per unit or to establish a percentage amount of the annual license fee. The purpose of the fee to reinstate a license after revocation or suspension is to establish a penalty for having a license revoked, and secondly, to cover some of the costs incurred by the City conducting the revocation and suspension process. Of the nine other communities which we surveyed, three had some type of penalties for a suspended or revoked license. St. Louis Park, Richfield, and Columbia 6.1 Residential Rental Property Code June 10, 1994 Page 3 Heights charge 50% of the fee for a suspension, and the annual fee after a revocation. The remaining six cities did not specifically mention a fee for suspension or revocation. Proposed Amendments Staff researched the Uniform Mechanical Code regarding the window/fan requirement in laundry rooms. The Code stipulates that laundry rooms or utility rooms must have an openable window or an exhaust fan. It is the Fire Marshall's experience that . most existing laundry rooms do not have a fan or windows, probably because all dryers are vented to the outdoors. Staff has therefore amended Section 220.10.06 to delete the fan/window requirement for laundry and utility rooms. If a rehabilitation project is initiated such that the laundry or utility rooms are affected, the Uniform Mechanical Code would prevail on the rehabilitation construction and the proper code requirements would have to be met. Section 220.10.03.G has been amended to state that, when provided, exterior electric outlets shall be weather-proofed. Finally, we have amended the manner in which the fee charges appear on page 33 of the ordinance to be clear regarding the fee schedule for a building containing five or more units. Recommendation Staff recommends that the City Council approve the attached ordinance for first reading as presented. The three changes recommended above have been included; no changes in the fee schedule have been made. BD/dn M-94-326 6.2 SUMMARY OF CHANGE3 TO REVISION OF CHAPTER 22 CHANGES MADE FOR JUNE 20, 1994 CITY COUNCIL MEETING Laundr and Utilit Rooms l. Section 220.10.06 has been amended to eliminate the requirement for room ventilation in laundry and utility rooms in existing buildings. Dryers will still need to be vented to the outside, but any rehabilitation work or new construction will have to meet the venting requirements of the Uniform Mechanical Code. Exterior Electrical Outlets 2. Section 220.10.03.G has been changed to state that if exterior electrical outlets are provided that they must be weather proofed. Fees for Building with Five or More Units 3. Page 33 of the ordinance regarding the fees has been amended to be more clear regarding the fees for buildings containing five or more units. CHANGES MADE TO THE ORDINANCE FOR THE MAY 3, 1994 MAILING Maximum Occupancy 1. Section 220.10.11 has been revised to clarify the maximum number of residents permitted in a dwelling unit. The City's restriction does not supercede or override the requirements contained in a iease. The maximum number of occupants is governed by both the zoning ordinance definition of Family and the total of two times the number of bedrooms and living room. Tenant Behavior 2. Section 220.14, "Conduct on Licensed Premises", has been changed as follows: A. The letter "I" has been added to 220.14.01 regarding first through fifth degree assaults. B. Subsections 3, 4, 5, 6, and 7 have been clarified to provide the City Council with the option of revoking or suspending a license for a dwelling unit or the entire rental dwelling. C. References to "disorderly use" have been eliminated. 6.3 Summary of Changes to Revision of Chapter 220 page 2 License Revocation 3. Section 220.13.03 regarding fees has been clarified to establish the fee for a license after a revocation or suspension. This requirement used to be under 220.13.09, but has been shifted to this section to provide clarity. Also included in this section is the transfer fee for changing the name of an owner in the City's licensing records. Emergency Repairs 4. Section 220.13.05 has been changed to require "an agent" for emergency repairs if the owner is a non-resident. Inspections 5. Section 220.13.06 has been changed to clarify that the City may set up a schedule of periodic inspections to insure City-wide compliance; however, the language also states that the City shall provide reasonable notice to the owner or operator as to the date and time of the inspection. Occupancy Register 6. The requirement for an occupancy register has been deleted. Failure to Obtain License 7. A section has been added to 220.13.11 stating the procedures for failure to obtain a license for a rental dwelling. Comt�laints 8. Section 220.15.03 clarifies the procedures regarding complaint investigations. It states that unless a. correction or repair constitutes an emergency, it is not expected that these items be corrected within 24 hours. Miscellaneous 9. The previous ordinance included an "Administration" section and a"Compliance" section. 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C�mtme�-cietl • Resi�feiltinl • C)tfic� f'R��PEItTY ti1ANAGEti1F�T May 10, 1994 Barbara Dacy Community Development Director City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 � re: Proposed chapter 220 -"Residential Rental Property ..." Dear Ms. Dacy, We presently own and manage 12 double bungalows in Fridley. There are several provisions in the proposed chapter which I must voice my strong opposition. Why do you discriminate against renters and rental property owners? Standards should apply to all individuals - home owners, businesses, and renters. l. Section 220.10 Item 1 subsection H. Snow and Ice removal This section states that the owner shall be responsible for the cleaning and maintaining of all walks, etc. While this may be fine for apartment buildings, the tenants in all of our double bungalows maintain their own walks and driveways of snow and ice - much as a home owner would. If we were to provide this service, the ter.an�s' r�;r.t wou�ci he �ais�ci ar�ci I�on't believe they would care for that. This section should not be applicable to double bungalows. 2. Section 220.10 Item 1 subsection I. We have been to court on this matter already and won. We do not have to pave our parking areas. 9�)20 ZILLA STREE'T NORTHWEST • CCX� R�PIDS, MINNESC�TA 55433 •(612) 754-�743 V.v A�LE PI�C�I'ERTY MANAGEMENT, INC. ( ;��riiiiic�rrin{ • I��si�(��ii[inl • ( )t�icr I'I�l�l'EI�TI� �1�1NA(;I�:A�1E�T 3. Section 220.10 Item 1 subsection J. Storage and Disposal of refuse. Our present leases with tenants in our double bungalows makes the tenant responsible for their own garbage - much as a home owner is. Why not just institute a City wide collection system for each property in the City. That would make sure that everyone in the City is paying their fair share. It probably would be cheaper too. 4. Section 220.10 Item 11 Subsection B. Maximum occupancy Is the maximum occupancy two times the sum of the number of bedrooms and the living room or two times the number of bedrooms plus the living room. e.g. 2*(2+1)=6 or 2*(2)+1=5? 5. Licensing fees. If you are going to charge a licensing fee for rental property, then each rental unit must pay the same fee. There should be no discount for multi-unit building as each rental unit must meet the code and requirements. Please remember, every fee increase gives me a reason to raise the tenants' rent. Non- Homestead taxes already are significantly higher. What do we get for that additional tax paid? There shouldn't be any fee. Should you have further questions, please feel free to contact myself directly. Sincerel , C im ies Landlord 9920ZILLASTI:EETNC)RTHWEST • C�)��1�(('ll)S,MINNI-�C)TA»433~ (Gl'1;�-}-�i7:}3 ■ Barbara Dacey, AICP Community Development Director City of Fridley 6431 University Ave N.E. Fridley, Minnesota 55432 May 11, 1994 Dear Community Development Director: Re: Comments on Proposed Rental Licensing Code Comments: (1) I do not believe the proposed rental licensing is necessary. (2) I own two studio condo units at the Black Forest which are iicensed by the City of Fridley as rental units. The only controi I have over these units is on the interior ( Minimum Interior Standard ) everything eise is under the direct control of the Black Forest Association Board of Directors and Property Management Company. (3) When the City of Fridley issues a Rental License, it warrants that the rental property meets or exceeds code standards. (4) The proposed Licensing fee structure is Arbitrary, Capricious and Discriminatory. It subsidizes a class of rental license holder that hold more than 4 units at the expense of license holders owninq less than 4 units. (5) I attended the March 7 and March 21, 1994 public hearing an proposed rental ordinance. It was interesting to note that not one person spoke in support of this ordinance at these public hear- inqs. Respectfully Submitted John Morrissey 1601 N. Innsbruck Dr. Fridley, Mn 55432 � �'i � �• : City of Fridley 6431 University Ave. NE Fridley, Minnesota 55432 (612)572-3450 (check) RENTAL LICENSE FEES OLD FEE: PRQPOSED NEW FEE: 1 unit $ 12.00 1 unit $ 25.00 2 units $ 24.00 2 units $ 50.00 3 to 7 units $ 36.00 3 units $ 75.00 8 to 12 units $ 49.00 4 units $100.00 13 or more units $ 49.00 +$2.00 5 or more units $100.00 +$5.00 each additional each additional unit) unit PROPERTY OWNER(S): Roger & Janice Challman PROPERTY ADDRESS: 1601 N. Innsbruck Dr., #133 NO. OF UNITS: 1 OLD FEE: 12.00 NEW FEE: 25.00 r�y 14, 1 g9�. I am unable to attend the meeting regarding the over 100� increase in fee for rental units. T could understand an increa�e to �15.00 (this in itself would be a 25`�' increase). The proposed increase to $25.00 is compietely unfair and unrelated to the econo�nic inflationary canditions. To propose this unjust inerease and in the same letter try to lend me money at special rates is really galling. It does not directly affect me, but where is the fairness of unit �4 costing $25.00 and unit 5 and beyond only costing $S.00Y Please register my rsaction as totally against the proposal. Do you people even listen??? ��; " � �� 1 � ��1t/�-��-''';'-J �.d, �. � Rodger & LaVearle Carey 10270 :V�iss. Blvd. Coon Rapids M�. 57433 June lst 1994 Barbara Dacy, AICP Fridley Corn�nunity Develon�ent Director, as representitive of the City Council re; Code � 220, your letter of May 3 1994. �20.01 Title is discrir�inatory in it�elf. Should beResidential Property Maintenance Code. Reason, all residential property should be held to the ,saste standards aad subject to the sa�ne insp�etion and costs. Lice�sing �hould be seperate but related. Licensing fees are abusive. Rental pro�erty is ge�erating a higher tax reven�ze than homesteded property per a;��essed val�.e. How man�r ways do you want Rentals to pay more than their fair share? 220.t0 Mini�um exterior standard�,1H, sno� & ice re�oval. Ho�v r�ight this ap�ly to a single far�ily, a d�zplex, or a larger building where snow re�oval is the responsibility of the resider�t as defined in a lease agree�ent? Alao, will all property withir� the City be held to this sta�dard? I Y r�ot, why not?? 220. i�. Cor�duct. Whi3e v�e do not want this type activity, #� 3,4:&5 �t�'ely .�ound lilce the Public Service Director is placeing the Lice�see im in the po�ition of the enforcer, not a good plan at al�.! Agai�, is the renter treated differently than the ow�er aext door? Illegal conduct should be dealt �►i.th by the proper depart�ent �niforffily be it by owner oD renter and then the o�rner of the rental propertp should be advised. 220.�15 eoffipliance,2D, Servi.ce. Delete ,"posted i� a coaspicious place on or about the pre�ice�" as thi� is not at all. acceptable. The abo�re are iter�s that we take exception to and there co�ld be �ore if the ordinance is passed and enforced �itho�at at�y degree of co�mon sen6e while the exexi� single family, o�rner occupi.ed house next door or across the street deteriorates frox neglect. Qrze$tion, Do co��ercial or industrial properties ha�e different rules be the� rented or owner occ��ied? Sin eraly, �% J�e�%� � ��-��. ' & LaVearle �'eY � 6.�� ORDINANCE NO. ORDINANCE REPEALING CHAPTER 220 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, ENTITLED ��RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE��, AND ADOPTING A NEW CHAPTER 220, ENTITLED ��RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE��, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED ��GENERAL PROVISIONS AND FEES�� The City Council of the City of Fridley does ordain as follows: 220. RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE (Ref. No. 213, 222, 286, 673, 747) 220.01. TITLE This Chapter shall be referred to as the "Residential Rental Property Maintenance and Licensing Code". (Ref. 747) 220.02. PREAMBLE The City believes that providing for public health, safety,,and welfare to its citizens mandates the existence of a rental property licensing and maintenance program which corrects substandard conditions, and maintains a standard for rental property. 220.03. SCOPE This Chapter applies to all buildings which are rented in whole or in part as a dwelling for persons other than the property owner's "family" as defined therein. It includes accessory structures such as garages and storage buildings, and appurtenances such as sidewalks and retaining walls, which are on the lot where the rental property is located. This Chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, and nursing homes, nor/to hotels and motels licensed by the City under Chapter 26. 220.04. PURPOSE This Chapter establishes licensing, inspection and maintenance requirements for property rented as dwelling units. 220.05. DISCRIMINATION AND PRIVATE CONTRACTS This Ordinance shall be enforced in a non-discriminatory manner and exclusively for the purpose of promoting public welfare. The City neither expressly nor by impiication assumes any obligations or liabilities respecting such private rights or disputes, s.� � including those which involve or arise out of the non-conformity of any premises in the City to the provisions of this Ordinance. Nothing in this Ordinance precludes a Licensee from entering into a contract for the maintenance, repair, or management of a rental dwelling; in such cases, however, Licensee will still be held responsible to ensure the condition of the property conforms with this Chapter. 220.06. DEFINITIONS For the purpose of this Chapter, certain terms and words are defined. Words not specifically defined in this Chapter shall have their ordinary meanings within the context with which they are used. The referenced dictionary of the governing Building Code shall be considered as providing ordinarily accepted meanings. Whenever the words "Dwellings", "Dwelling Unit", "Building", "Structure", or "Premises" are used in this Chapter, they shall be construed as though they were followed by the words, "or any part thereof". The follo�ing words, terms, and phrases and their derivatives. shall be construed as defined in this section; words used in the singular include the plural and the singular; words used in the masculine gender include the feminine and vice �ersa. l. Accessory Structure or Use. A subordinate use or structure which premises on which the main building is incidental to the conduct of the or main use. 2. Approved. is located on the same or use is situated and which primary use of such building Approved as to construction, installation, and maintenance in accordance with all applicable codes and state statutes. 3. Basement. That portion of a building between floor and ceiling which is partly below grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. 4. Bedroom. A habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen or dining area. Pa 6.12 5. Building. Any structure used or intended for supporting or sheltering any use or occupancy. 6. Clean. The absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter. 7. Compliance Official. The designated authority charged with the administration and enforcement of this code, or his/her duly authorized representative. 8. Condominium. A multiple dwelling in which portions are designated for separate. ownership and the remainder of which is designated for common ownership solely by the owners of those portions. A multiple dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners. 9. Dwelling. A residential building, or portion thereof, but not including hotels, motels, lodging houses, recreational vehicles, tents, rest homes, convalescent homes, and nursing homes. 10. Dwelling, Multiple. A residential building, or portion thereof, designed for occupancy by two (2) or more families living independently of each other. 11. Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) or more families. 12. Dwelling, Two-Family. A detached building designed exclusively for occupancy by two (2) families living independently of each other. 13. Dwelling Unit. A single unit providing complete independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking, and sanitation. ;� 6.13 14. Easily Cleanable. Readily accessible and of such material and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. 15. Electrical System. Any and all methods of transmitting electricity to and within any dwelling or dwelling unit. 16. Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts, and yards. 17. Extermination. The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping, or by any other recognized or legal pest elimination methods approved. 18. Family. An individual or two (2) or more persons related by blood, marriage, or adoption, including foster children, and bonafide domestic servants, subject to the following conditions: A. More than five (5) unrelated persons living in a dwelling unit shall not constitute a family. B. A group home which is a federal tax exempt, non-profit organization shall constitute a family whether or not the total persons other than the live-in staff or principal occupant exceeds five (5). 19. Floor Area, Gross. The sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common walls separating dwelling units. Basements devoted to storage and/or off-street parking shall not be included. 20. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. 4 6.14 21. Governing Building Code. The applicable edition of the Minnesota State Building Code. 22. Habitable Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes; excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces, and attics. 23. Heated Water. Heated water suppliad to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. 24. Heating, Ventilating and Air Conditioning 5ystems. Any and all units, equipment, material, and miscellaneous devices used in the process of heating, ventilating, and air conditioning of any dwelling or dwelling unit. 25. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pests. 26. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or the preparation of ineals. 27. Licensee. The owner or designated agent or operator of the rental dwelling who is issued a rental dwelling license for purposes of this Code. 28. Living Room. A habitable room within a dwelling unit which is intended to be used primarily for general living purposes. 29. Lodging House. Any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor, or otherwise. 5 6.15 30. Maintenance. To keep in a good state of repair; to preserve from deterioration. 31. Multiple Occupancy. The occupancy of a structure that supports, shelters or encloses more than one distinct use. 32. Non-combustible. Any material or a combination of materials which complies with the most recent edition of the U.B.C. 33. Nuisance. A nuisance shall be any act as defined in Chapter 110 of the City Code. 34. Occupancy. The purpose for which a structure, or part thereof, is used or intended to be used. 35. Occupant. Any person residing in a dweZling or dwelling unit. 36. Operate. As used in this Chapter, the term means to charge a fee or other form of monetary compensation for the use of a unit in a rental dwelling or for the use of an accessory structure. 37. Operator, Manager, or Caretaker. Any person who has charge, care or control of a structure, or part thereof, in which condominiums exist or rental dwelling units are let. 38. Owner. Any person, firm, corporation, agent or condominium association who alone, jointly or severalZy with others shall be in actual possession of, or have charge, care or control of any dwelling, dwelling unit or condominium within the City. 39. Person. A natural person, that person's heirs,.executors, administrators or assigns, and also a firm, partnership or corporation, its or � s.�s their successors or assigns, or the agent of any of the aforesaid. 40. Plumbing System. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents, and any other similar fixtures and the installation thereof, together with all connections of water, sewer, or gas lines. 41. Premises. A platted lot or portion thereof or an unplatted parcel of land and adjacent right-of-way either occupied or unoccupied by a building and/or accessory structure. 42. Property. All land and structures and systems therein, platted lots or parts thereof or an unplatted parcel of land. 43. Proper Connection to an Approved Sewer System. A functioning sewer connection free from defects, leaks or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system must be capable of disposing of sewage in a safe, sanitary, and adequate manner. 44. Proper Connection to an Approved Water System. A functioning plumbing connection free from defects, leaks or obstructions providing a potable, controllable flow of water. 45. Public Areas. Those areas which are normally used by or open to the general public, regardless of access restriction by a locked exterior door. 46. Reasonable Care. The treatment of all facilities, fixtures, equipment, and st�uctural elements such that depreciation of these objects and materials is due to their age and normal wear rather than due to neglect. 47. Refuse. Any solid or liquid waste products or those having the character 7 6.17 of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchens, dining rooms, markets, or food establishments of any places dealing in or handling meat, fowl, grain or vegetables; offal, animal excreta or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk; or other such substance which may become a nuisance. 48. Rental Dwelling or Rental Dwelling Unit. A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. 49. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance i� the determination of the City. 50. Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials used to retain soil, as a slope transition, or edge of a planting area. 51. Rodent Harborage. Any place where rodents live, nest or seek shelter. 52. Rodent-Proof. A condition where a structure or any part thereof is protected from rodent infestation by eliminating ingress and egress openings such as cracks in walls and holes in screens. For the purpose of this ordinance, the term "rodent-proof" shall be construed as though it included "insect-proof" and "vermin- proof". 53. Safe. The condition of being free from danger and hazards which may cause accidents or disease. 54. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except 0 6.18 that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a useable or unused under-floor space is more than six (6) feet above grade as defined herein for more than 500 of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered a story. 55. Structure. Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground. 56. Uniform Building Code (U.B.C.). Shall mean the code published by the International Conference of Building Officials, and any materials referenced therein. 57. Unsafe. As applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. 58. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. 59. Use. The purpose or activity for which the land or structure is designated, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this Chapter. 60. Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 61. Yard. All ground, lawn, court, walk, driveway, or other open space constituting part of the same premises. 220.07. RESPONSIBILITY OF OWNERS The owner of a dwelling or dwelling unit shall be responsible for � ti� 6.1 J the maintenance of that structure and for meeting the provisions of this Chapter. Those responsibilities may not be abrogated by a private agreement. 220.08. JOINT RESPONSIBILITIES OF OCCUPANTS AND OWNERS 1. No owner, operator, or occupant of any dwelling unit shall allow the accumulation or formation of dirt, filth, refuse, or rodent harborages on the premises which he occupies or controls in a manner that could create a health hazard to the dwelling occupants or the general public. 2. Pest extermination: The owner or operator of a dwelling unit shall be responsible for the extermination of rodents, insects, or vermin on the premises. 3. Nuisances: No owner, operator, or occupant of any dwelling unit shall allow the formation or presence of any nuisances in or about the premises he/she occupies or controls. 4. Collection of recyclables: Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services s�all arrange and contract.for at least monthly collection of zecyclables to include at least newsprint, glass (faod and beverage), aluminum, steel, and tin cans, and corrugated cardboard. A copy of the owner's contract for recycling services shall be submitted to the City in conjunction with the annual renewal of the rental license. 220.09. REMOVAL OF EQUIPMENT AND DISCONTINUANCE OF BASIC SERVICES No owner, operator, or occupant shall cause any service, utility, facility, or equipment which is required under this Chapter, to be removed from or shut off from any occupied dwelling or dwelling unit except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies. 220.10. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES l. Minimum Exterior Standards A. Foundations, exterior walls, and roofs: The foundation, exterior walls, and exterior roof shall be water tight, rodent-proof, and shall be kept in sound condition and repair. Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. The foundation shall adequately support the building at all points. Exterior walls shall be maintained and kept free from 10 6.20 dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood, or other material that is extensive and gives evidence of long neglect. The protective surface on exterior walls of a building above ground level shall be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this section, a protective surface of a building shall be deemed to be out of repair if: (1) The protective surface is paint which is blistered to an extent of more than twenty-five percent (25%) of the area of any plane or wall or other area including window trim, cornice members, porch railings, and other such areas; (2) More than ten percent (10%) of the pointing of any chimney or twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) More than twenty-five percent (25%) of the finish coat of a stucco wall is worn through or chipped away. Any exterior surface or plane required to be repaired under the provisions of this section shall be repaired in its entirety. If a weather resistant surface such as brick, plaster, or metal is covered with paint that is more than twenty-five percent (25%) blistered, it shall be repainted unless the defective paint covering is removed in its entirety. B. Accessory Structure Maintenance Accessory structures supplied by the owner,- operator, or occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and appearance. Exterior walls, foundations, roofs, and exits of an accessory structures shall be maintained in accordance with the standards set forth for principal structures. C. Fence Maintenance Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. If twenty-five percent (25%) or more of the painted surface of a fence is determined by the Compliance Official to be paint blistered, the surface shall be properly scraped and repainted. 11 6.21 D. Retaining Walls Retaining walls shall be appearance. A retaining when it has substantially original design position. E. Yard Cover kept in good condition, repair, and wall shall be deemed out of repair shifted or slumped out of its Al1 exposed areas surrounding (or within) a principal or accessory use, including street boulevards which are not devoted to parking, drives, sidewalks, patios, or other such uses, shall be landscaped with grass, shrubs, trees, or other ornamented landscape material and shall be maintained to prevent erosion from wind and/or water runoff. Such landscaping shall be maintained in good condition and free of noxious weeds. Grass and weeds may not exceed ten (10) inches in height at any time. F. Gutters and Downspouts Existing gutters, leaders, and downspouts shall be maintained in good working condition as to provide proper drainage of storm water. In no case shall storm water be channeled into the sanitary sewer system. Neither sha11 storm water, ice, or snow be directed into, or channeled across walkways or s,treets where it is likely to be a hazard to life or health. G. Exterior Lighting For multiple family dwellings, all exterior parking areas shall be provided with an average, maintained, horizontal illumination of six-tenths (0.6) foot candles. Parking lot illumination shall not be directed onto a public street or adjoining property. - H. Snow and Ice Removal The owner of a dwelling shall be responsible for cleaning and maintaining all walks, drives, and parking areas, and keeping steps free of any ice or any snow accumulations of two or more inches within 24 hours of the storm's completion. I. Driving and Parking Areas The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for occupants consistent with the City Code. 12 6.22 J. Facilities for Storage and Disposal of Refuse Every owner of a residential property shall be responsible for providing and maintaining facilities for the storage and disposal of refuse and for arranging for the collection of this material as required by the City Code. K. Grading and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands must be maintained in a way to prevent the excessive accumulation of standing water which constitutes a detriment to the health and safety of the occupants or the general public. 2. Minimum Plumbing Standards All plumbing in every dwelling unit and all shared or public areas shall be properly installed and maintained in a sanitary, safe, and functioning condition, and shall be properly connected to an approved sanitary system. A. Every fixture, facility, or piece of equipment requiring a sewer connection shall have a functioning connection, free from defects, leaks, or obstructions, and shall possess sufficient capacity to drain all other fixtures, facilities, or pieces of equipment which feed into it. The sewer system must be capable of conveying all sewage into the municipal sanitary sewer system. B. Every fixture, facility, or piece of equipment requiring a water connection shall have a functioning connection, free from defects, leaks, or obstructions. Each water connection shall possess sufficient capacity to adequately supply all fixtures, facilities, or pieces of equipment to which connected with an uncontaminated, controllable flow of water. 3. Minimum Electrical Standards: Every dwelling unit and all public and public areas shall be supplied with eiectric service, functioning over-current protection devices, electric outlets, and electric fixtures which are properly installed and maintained in a safe working condition. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: A. Dwellings containing one or two dwelling units shall have at least the equivalent of sixty (60) ampere, electric service per dwelling unit; B. Dwelling units shall have at least one fifteen (15) 13 6.23 ampere branch electric circuit for each six hundred (600) square feet of dwelling unit floor area; C. Every habitable room shall have at least one floor or wall-type electric convenience outlet for each sixty (60) square feet or fraction thereof of total floor area, and in no case less than two such electric outlets. Temporary wiring, extension cords, or drop cords shall not be used as permanent wiring. In cases where more than two outlets are required, one ceiling or wall-type light fixture may be substituted for one required outlet. Required outlets shall, insofar as possible, be spaced equal distances apart; D. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture and every bathroom and laundry room shall contain at least one electric convenience outlet; E. Every public ha11 and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times, so as to provide illumination having an intensity of not less than one foot candle at floor level to all parts thereof. The lights in the public hall and stairway of dwellings containing not more than two dwelling units may be controlled by conveniently located switches instead of full-time lighting; � F. A convenient switch for turning on a light in each dwelling unit shall be located near the principal point of entrance to such unit. A patio door entrance may be exempt if it is not a principal entrance. G . ��n�e��ea-t�i�-��ee�e��e�re�-e�e�t�c� , �„ *�, �'� � �-?�?-; � „~��_-��-�a - If Qrovided, exterior electrical r-- - ------ outlets shall be weather proofed. No electrical drop cords, extension cords, or electrical wires shall extend across a walkway or driveway, or otherwise create a hazard to pedestrians or vehicles. 4. Minimum Heating Standards A. All dwellings shall have primary heating facilities which are properly installed and maintained in a safe, efficient working condition and which are capable of maintaining a minimum indoor temperature of 68 degrees F. at an outside temperature of -20 degrees F. at 36 inches above the floor in all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein. 14 6.24 B. Gas or electric appliances designed specifically for cooking or water heating purposes, and portable heating equipment, shall not be considered primary heating facilities within the meaning of this section. C. No owner or occupant shall install, operate, or use a heater employing a flame that is not installed and maintained in accordance with manufacturer's specifications and applicable City and State Codes. D. Whenever the occupant lacks direct control over the primary heating facility to his/her dwelling unit, it shall be the responsibility of the owner to maintain minimum heating standards as set forth above. 5. Minimum Water Heating Standards: Every dwelling unit shall have supplied water heating facilities which are installed in an approved manner, properly maintained, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities, or other similar units at a temperature of not less than one hundred ten degrees (110) Fahrenheit, forty- six degrees (46) Celsius, at any time needed. 6. Minimum Natural Light and Ventilation Standards: Every habitable room shall have window area of no less than eight percent (8%) of the floor area and at least one window facing directly outdaors which can be opened easily. At minimum, the total openable window area of every habitable room shall be four percent (4%) of the floor area of the room, and in no case less than four (4) square feet. In lieu of natural ventilation, a mechanical ventilating system may be provided which is capable of providing two air changes per hour, with twenty percent (20%) of the air supply taken f�om the outside. Every „�-��}��'� � fbathroom and water closet compartment, , shall have at least fifty percent (50%) of the openable window requirement otherwise appropriate for the floor area, except that no windows shall be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five (5) air changes per hour. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Windows shall not be required in kitchens of dwelling units when such kitchen has an opening of at .least twenty (20) square feet into an adjoining habitable room and when such kitchen is provided with an approved mechanical ventilation system. 15 6.25 In addition, referred to provide for kitchen area the window area.of the adjoining habitable room above shall be of sufficient size so as to the light and venti�ation requirements of the as well as for said adjoining habitable room. 7. Minimum Structural Standards A. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin, rodents, and insects. Every floor shall be free of loose, warped, protruding, or rotted flooring materials and all floor covering shall be maintained in good condition. Every interior wall and ceiling shall be free of holes and large cracks, loose plaster, and blistered paint and shall be maintained in good condition. Lead based paints classified toxic to children shall not be used on wall or molding surfaces. Every toilet room, bathroom, and kitchen floor surface shall be easily cleanable and maintained in good condition. B. Stairways, Porches, and Balconies: Every stairway, inside or outside of a dwelling, and every porch or balcony, shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor shall be free of structural deterioration. Every stairwell and every flight of stairs which is more than three risers high shall have at least one handrail approximately thirty to thirty- eight (30-38) inches high, measured vertically from the nose of the stair tread to the top of the handrail: All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or floor below, and roofs used for other than service of the building shall be protected by a guardrail; guardrails shall be not less than thirty-six (36) inches in height. Open guardrails and open stair railings on unenclosed stairways shall have intermediate rails such that a sphere six (6) inches in diameter cannot pass through. Every handrail and balustrade shall be firmly fastened and maintained in good condition. A flight of stairs which has settled out of its intended position, or pulled away from the supporting or adjacent structures enough to cause a hazard, must be repaired. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting loads that normal use may cause to be placed thereon. The minimum dimensions fI: 6.26 that will be accepted for existing stairways are as follows: rise not to exceed eight (8) inches in height, run of treads to be not less than nine (9) inches in depth. C. Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window or other device with openings to outdoor space which is used or intended to be used for ventilation shall be supplied with sixteen (16)-mesh screens. All windows on basement and first floor levels shall have proper locking devices to prevent opening from the outside. All doors and door and window frames shall be free of blistered paint and shall be maintained in good condition. All door and window hardware and locks shall be functional and be maintained in good condition. D. Safe Building Elements: Every roof, floor, every porch and balcony, stai'rway, and every appurtenance thereto, shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. E. Access to Dwellings: Access to and egress from each dwelling shall be provided by at least one doorway that is a minimum of thirty-six (36) inches wide and eighty (80) inches high and otherwise complies with the fire exit provisions of the City's Fire Code. F. Minimum Ceiling Height: The ceiling height of any habitable room shall be at least seven (7) feet; except that in any habitable room under a sloping ceiling, at least one-half of the floor area shall have a ceiling height of at least seven (7) feet, and the floor area of that part of such a room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. G. Rooms Below Grade: A room located partly or wholly below grade may be used as a habitable room of a dwelling unit provided all of the requirements of this Ordinance are met. If a room below grade is used for sleeping purposes, an emergency escape or egress must be provided. Acceptable means of egress include: (1) Escape or rescue window with a minimum net clear openable area of 5.7 square feet. The minimum net 17 6.27 :� clear openable height dimension shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches. The finished sill height shall not exceed 44 inches above the floor. (2) Exterior-type door or hatch meeting the same minimum requirements as specified in 220.10.o�.(c).(1). H. Door Locks and Security: All doors leading to public or shared areas from all dwelling units shall be provided with a single cylinder deadbolt lock, which must be capable of being locked from the exterior of said unit. For the purpose of this section, a "deadbolt lock" is a locking bolt, which, when in the locked position, can only be moved positively by turning a knob, key, or sliding bolt. Deadbolt locks having a bolt moved by turning a key shall be of the five-pin tumbler type or an approved equivalent. Lock throw shall be not less than three-quarters inch (3/4"). Locks shall meet the requirements of the most current U.B.C. Minimum Interior Standards A. Kitchen Facilities: Every kitchen in every dwelling unit shall include the following: (1) A kitchen sink in good working condition and properly connected to an approved water supply system. It shall provide at all times an adequate amount of heated and unheated running water under pressure and be connected to an approved sewer system. (2) Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (3) A stove and a refrigerator which are properly installed with all �ecessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be install�d when a dwelling unit is not 18 s.2s occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar devices must be provided. B. Toilet Facilities: Within every dwelling unit, there shall be a nonhabitable room with an entrance door which affords privacy to a person within said room and which room is equipped with a flush water claset in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. C. Lavatory Sink: Within every dwelling unit, there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. D. Bathtub or Shower: Within every dwelling unit, there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. 9. Minimum Standards for Rodent Control A. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs shall be rodent-proofed in a manner approved by the Compliance Official. B. All windows used or intended to be used for ventilation, all other openings, and all exterior doorways which might provide an entry for rodents and insects, shall be supplied with adequate screens or 19 6.29 such other devices as will effectively prevent the entrance of rodents and insects into the structure. C. All sewers, pipes, drains, or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rodents and insects to or from a building. D. Tnterior floors of basements, cellars, and other areas in contact with the soil shall be rodent-proofed in a manner approved by the Compliance Official. 10. Minimum Energy Standards Weatherization Requirements: Al1 dwellings which are renter occupied during all or a portion of the months of November through April shall comply with the following weatherization requirements: A. Install weatherstripping between exterior operable window sash and frames and between exterior doors and frames. Weatherstripping is not required on storm doors or storm windows. B. Caulk, gasket, or otherwise seal accessible exterior joints between foundation and rim joist; around window and door frames;.between wall and roof; between wall panels; at penetrations for utility services through walls, floors and roofs, and all other openings in the exterior envelope. C. Install storm windows on all single glazed exterior window units enclosing conditioned space. D. Install storm doors on all exterior door openings into conditioned spaces unless a single door, enclosed porch, vestibule, or other appurtenance provides a double door effect or provides an "R" value of two (2) or more. E. Install positive shut-offs for all fireplaces or fireplace stoves, unless an existing damper provides a positive shut-off. F. Install insulation in accessible attics to achieve a minimum total "R" value of the insulation of R-19. If . there is insufficient space for the installation of the recommended "R" value, then the available space shall be insulated to capacity. G. Install insulation in accessible walls and floors enclosing conditioned spaces to achieve a minimum total 20 6.30 "R" value of the insulation of R-11 when there is no insulation in a substantial portion of the exterior walls or floors over an unconditioned space. Accessible walls shall not include above grade foundation walls of basements. If there is insufficient space for the installation of the recommended "R" value, then the available space shall be insulated to capacity. 11. Occupancy Standards Notwithstanding any private agreements between the landlord and occupant providing for more restrictive occupancy standards, the maximum occupancy standards shall be: A. No more than one family shall occupy a dwelling unit; and B. The maximum number of occupants in any rental dwelling unit shall not exceed the total of two times the number of bedrooms and the living room. 220.11. HAZARDS The following are considered immediate hazards to the health, safety, and general welfare of the occupant. 1. Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, rusted out, or plugged flues; not being properly vented; being connected with unsafe gas piping; or failing to meet the minimum heating standards set forth in Section 220.10.04. 2. Water heaters that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, rusted out or. plugged flues; not being properly vented; being connected with unsafe gas piping; or lack of a properly installed and maintained temperature and pressure relief valve. 3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; or ungrounded systems or appliances. 4. Plumbing systems that are unsanitary due to: sewer backups; leaking waste system fix�ures and traps; lack of water closet; lack of washing and bathing facilities; or cross connections of potable water supply and sewer lines. 5. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safety carry 21 6,31 6. 7. imposed loads. Refuse, garbage, human waste, decaying vermin, or other dead animals, or other materials rendering it unsanitary for human occupancy. Infestation of rodents, insects, vermin, and/or other pests. 220.12. FIRE SAFETY l. Fire Exits. 2. A. Al1 dwellings maintained in accessible to Code. � C. shall have required fire exits, fully operable condition, and readily occupant, as per the governing Building Al1 exit stairways in multiple dwellings or condominiums having more than two (2) occupied Tevels shall be separated from each other by a substantial separation of at least a one hour fire resistance rating as detailed in the most recent edition of the U.B.C., or other approved one hours assembly. All multiple dwellings or condominiums having more than one two (2) le�vels and the lowest level is at an elevation less than grade and having the exit at grade level shall provide a substantial barrier constructed and placed so as to prevent a person from proceeding down the stairs to a level lower than the level of exit. D. Al1 multiple dwellings or condominiums with 25 or more dwelling units shall provide emergency lighting in the exit ways, corridors, and systems in accordance with Chapter 5-1021 of the N.F.P.A. Std. 101. Automatic Alarms. A. All multiple dwellings and condominiums having an excess of four (4) dwelling units shall provide a manually operated fire alarm system capable of alerting all the occupants of the structure. Each such alarm system shall be activated by a manual pull station located at each exit door and by an automatic device located.in the utilities and/or room in which the primary heating system is located. Such device shall be a smoke detector, detecting products of combustion other than heat, and bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the International Conference of Building Officials. 22 6.32 B. Every dwelling unit with a dwelling or condominium shall be provided with a smoke detector, detecting products of combustion other than heat, and conforming to the requirements of the Underwriters Laboratories or approved by the International Conference of Building Officials. When actuated, the detector shall provide an alarm in the dwelling unit. 3. Fire Protection System. All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 4. Prohibiting Inside Connection of External Appliances. It shall be unlawful for an owner of a residential rental property or condominium to allow electrical drop cords, extension cords or any electrical wire to run from any electrical outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of the dwelling or dwelling unit. 220.13. LICENSING l. No person shall operate, let, or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley as hereinafter provided. Upon receipt of a properly executed application for licensing, the Compliance Official and/or his/her designated agent may cause an inspection to be made of the premises to determine � whether the structure is in compliance with this Ordinance, other Fridley ordinances, and the laws of the State of Minnesota. Each such operating license shall be issued annually and shall expire on the anniversary date of issuance. License renewal shall be filed at least thirty (30) days prior to license expiration date. Every rental dwelling may be reinspected after a renewal application is ' filed to determine if the premises still conforms to all applicable ordinances and codes. 2. Conformance No operating license shall be issued or renewed unless the residential rental property or condominium conforms to the provisions of this Chapter, the ordinances of the City, and the laws and regulations of the State of Minnesota. 3. Fees A. The annual license fee shall be as provided in Chapter 11 of the City Code. B. At the time that a third inspection of a dwelling or 23 6.33 dwelling unit is needed for an uncorrected violation, a reinspection fee shall be charged to the owner. The reinspection fee shall be sixty dollars ($60.00) for each reinspection needed after the initial inspection and the second inspection. No license shall be issued until a11 outstanding reinspection fees have been paid. If a dwelling or dwelling unit is licensed, the license may be revoked or suspended in the manner described in Section 220.13.09. C. In order to restore a license for a rental dwelling or dwelling unit which has had its license revoked or suspended, the license application shall be accompanied by the license fee equal to one hundred and fifty percent (150%) of the annual license fee as provided in Chapter 11. D. A fee of twenty-five dollars ($25.00) shall be paid when filing the license Transfer Form as required in Section 220.13.08. 4. Owner, Agent, or Operator to Apply. License application or renewal shall be made by the owner of rental units or a legally constituted agent or operator. Application forms may be acquired from and subsequently filed with the Compliance Official. The applicant shall supply the following: A. Name, address, and telephone number of the dwelling owner; partners of a partnership; corporate officers of a corporation. The City must be notified in writing within five (5) days of any change of address. B. Name, address, and telep�one number of designated agent or operator. The City must be notified in writing within five (5) days of any change of address. C. Name, address, and telephone number of vendee if dwelling is being purchased through a contract for deed or mortgage (name of lender or financial institution holding mortgage). D. Legal description and address of dwelling. E. Number of units in each rental dwelling and the type of units (one (1) bedroom, two (2) bedroom, etc...) within each of the rental dwellings. F. The number of paved off-street parking spaces.available (e.g. enclosed parking spaces, exterior parking spaces, and handicap parking spaces). 24 6.34 G. Description of procedure through which tenant inquires and complaints are to be processed. 5. Agents for Emergency Repairs Required. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units unless such owner designates in writing to the Compliance Official the name of his/her resident agent or operator who is responsible for maintenance and upkeep and who is legally constituted and empowered to institute emergency repairs of the rental dwelling unit. The Compliance Official shall be notified in writing of any change of resident agent. 6. Inspection. The Inspection Department shall set up a schedule of periodic inspections to ensure City-wide compliance with this Chapter. The Compliance Official shall provide reasonable notice to the owner or operator as to the date and time of the inspection. Every occupant of a dwelling unit shall give the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling unit, or its premises, at reasonable times for the purpose of effecting inspection, maintenance, repairs, or alterations as are necessary to comply with the prbvisions of. this Ordinance. If any owner, operator, occupant, or other person in charge of a dwelling or dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control for an inspection pursuant to this Ordinance, the Compliance Official may seek a court order authorizing such inspection. 7. Posting of License. Every license of a multiple dwelling shall cause to be conspicuously posted in a frame with transparent protective covering in the main entry way or other conspicuous location therein the current license for the respective multiple dwelling. 8. License Transferability. No operating license shall be transferable to another person or to another rental dwelling without written approval of the Compliance Official. A license issued hereunder is transferable providing that the new owner, partners, or corporate officers submit to the Compliance Official within five (5) business days after legally acquiring ownership of the licensed rental dwelling(s), a License Transfer Form (supplied by the City), along with the required transfer fee. Failure to submit the license transfer form and the transfer fee shall result in the termination of the rental license. 25 6.35 9. License Suspension or Revocation. A. Notification. Prior to suspension or revocation, the licensee (or his/her designated agent) and all occupants of units potentially subject to suspension or revocation, shall be notified in writing pursuant to Section 220.15 of this Chapter at least twenty (20) days prior to a hearing on the matter. B. Hearina. A hearing shall be held before the Council or a hearing examiner appointed by the Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including: (1) Allowing interested parties the right to present evidence, witnesses, and to cross-examine all adverse witnesses, and (2) Making a complete record of all proceedings, includin.g findings of fact and concl�sions of law. C. Suspension or Revocation. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation for the entire rental dwelling or for individual rental dwelling units, by the City Council, should the licensee fail to operate or maintain the licensed rental dwelling(s) and dwelling units therein consistent with the provisions of this Chapter, all applicable ordinances of the City, and the laws and regulations of the State of Minnesota. An operating license may also be suspended or revoked for any of the following reasons: (1) The license was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith. (2) The applicant or one acting in his/her behalf made oral or written misstatements or misrepresentations or material facts in or accompanying the application. (3) The licensee or applicant has failed to comply with any condition set forth in any other permits granted by the City of Fridley. (4) The activities of the licensee in the licensed activity create or have created a serious danger to the public health, safety, or welfare. (5) The licensed business, or the way in which said 26 6.36 business is operated, maintains or permits conditions that injure, annoy, or endanger the safety, health, morals, comfort, or repose of any member of the public. E. Effect of Suspension or Revocation. In the event that an operating license is suspended or revoked by the City Council under Sections 220.7 to 220.12, it shall be unlawful for the owner or his/her duly authorized agent to thereafter permit any new occupancies of vacant, or thereafter vacated rental units, until such time as a valid operating license is restored to the affected units. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 10. Posted to Prevent Occupancy. Whenever.any dwelling or dwelling unit has been denied a license, has had its operating license suspended or revoked pursuant to Section 220.14, or is unfit for human habitation, it shall be posted with a placard by the Compliance Official to prevent further occupancy. No person, other than the Compliance Official or his/her representative, shall remove or tamper with any placard used for posting. The Compliance Official will post on the placard the date that the vacancy shall become effective. On or after the placard vacancy date, no person shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. 11. Failure to Obtain License. If it is determined that a rental dwelling unit is being operated without a valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner, designated agent or operator, after notice sent first class mail, to continue operation of a rental dwelling unit without submitting an application for a license under this Chapter, along with.the necessary license fee. Once an application has been made, it shall be unlawful for the owner, or his/her duly authorized agent, to permit any new occupancies of vacant, or thereafter vacated rental units until such time as the license is issued. 12. Issuance of Rental License. If the rental dwelling is in compliance with all applicable ordinances of the City and the laws and regulations of the State of Minnesota, a license shall be issued to the present owner or his/her designated agent. If the City finds that the circumstances of the occupancy following the issuance of the license involve possible Code violations, substandard 27 s.37 maintenance, or abnormal wear and tear, the City may reinspect the premises during the licensing period. 220.14. CONDUCT ON LICENSED PREMISES 1. It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guests of the occupant(s) which is in violation of any of the following statutes or ordinances: A. Minn. Stat. SS 609.75 through 609.76, which prohibit gambling. B. Minn. Stat. SS 609.321 through 609.324 which prohibit prostitution and acts relating thereto; C. Minn. Stat. SS 152.01 through 152.025, and S 152.027, subds. 1 and 2, which prohibit the unlawful.sale or possession of controlled substances; D. Minn. Stat. S 340A.401, which regulates the unlawful sale of alcoholic beverages; E. Minn. Stat. S 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through b09.67 and 624.712 through 624.716 and Chapter 103 of the City Code, which prohibit the unlawful possession, transportation, sale or use of weapon; or G. Minn. Stat. S 609.72, which prohibits disorderly conduct. H. Fridley City Code 124.07, prohibiting public nuisance noises, and Chapter 110 of the City Code prohibiting public nuisances. I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and 609.224 regarding assaults in the iirst, second, third, fourth, and fifth degree. 2. The Public Safety Director or his/her designee shall be responsible for enforcement and administration of this section. 3. Upon determination by the Public Safety Director that a licensed premises or a dwelling unit was involved in a violation of subsection (1), the Public Safety Director shall notify the licensee by first class mail of the 28 6.38 violation and direct the licensee to take steps to prevent further violations. A copy of said notice shall be sent by first class mail to the occupant in violation of subsection (1) . 4. Upon a second violation within twelve (12) months of subsection (1) involving a guest of or an occupant of a dwelling unit, the notice provided under subsection 3 of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises. This written report shall be submitted to the Public Safety Director within five (5) days of request of said report and shall detail all actions taken by the licensee in response to all notices regarding violations to subsection (1) within the preceding twelve (12) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the individual rental unit, may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Public Safety Director in the manner described in Section 220.13.09. 5. If a third or subsequent violation of subsection (1) involving a guest of or an occupant of a dwelling unit occurs within twelve (12) months after any two (2) previous instances for which notices (pursuant to this section) were sent to the licensee regarding the same dwelling unit, the rental dwelling license for the individual rental unit, may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated.by the City Council at the request of the Public Safety Director in the manner described in Section 220.13.09. 6. No adverse license action shall be imposed if the violation to subsection (1) occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further violations to subsection (1). 7. A determination that the licensed premises or dwelling unit has been used in violation of subsection (1) shall be made upon substantial evidence to support such a determination. 29 6.39 It shall not be necessary that criminal charges be brought to support a determination of violation to subsection (1), nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. 220.15. COMPLIANCE 1. The City Manager shall designate the Compliance Official to administer and to enforce the provisions of this Chapter. The Compliance Official is hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this Chapter has been or is being committed. 2. Whenever the City determines that any dwelling or dwelling unit fails to meet the provisions of Sections 220.07 through 220.12 of this Chapter, the City may issue a comp3iance order setting forth the violations of the Chapter and ordering the owner, agent, operator, or occupant to correct such violations. This compliance order shall: A. Be in writing. B. Describe the location and nature of the violations of this Chapter. � C. Specify a reasonable time in which violations must be corrected. D. Be served on licensee. Service shall be sufficient if personally served, posted in a conspicuous place on or about the premises, or if mailed by first class mail to the licensee's last known address on file pursuant to Section 220.13.04. 3. The Compliance Official may investigate complaints relating to the rental dwelling or dwelling unit. The Compliance Official may request the occupant to notify the owner or agent about the compliant. The Compliance Official shall contact the owner or agent to verify that the owner or agent is aware of the complaint. If deemed necessary by the Compliance Official, an inspection of the unit may be conducted to determine if there are violations to this Chapter and other applicable ordinances of the City and the laws and regulations of the State of Minnesota. If the inspection reveals that an ordinance or code violation exists, the Compliance Official shall notify the owner or agent pursuant to subsection (2). Unless the correction or repair is an emergency case as regulated in Section 220.17, the owner or agent shall comply with the timeframes established in the Compliance Order; it is not expected that 30 � , �1 repairs or corrections are completed within twenty-four (24) hours. 220.16. EMERGENCY CASES When a violation of Section 220.11 of this Chapter constitutes an imminent peril to life, health, safety, or property, the City may require immediate compliance and, if necessary, take appropriate action to correct the violation. 220.17. UNFIT FOR HIIMAN HABITATION 1. Declaration. Any structure dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, infested, or which lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or general welfare of the occupants or to the public may be declared unfit for human habitation. WYienever any structure dwelling or dwelling unit has been declared unfit for human habitation, the City shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any operating license previously issued for such structure dwelling or dwelling unit shall be revoked. 2. Vacated Dwelling. It shall be unlawful for a vacant structure dwelling or dwelling unit, which has been declared unfit for human habitation, as provided above, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City. It shall be unlawful for any person to deface or remove the declaration placard from any such structure dwelling or dwelling unit. 3. Secure Unfit and Vacated Dwellings. The owner of any structure dwelling or dwelling unit, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety, or general welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety, and general welfare of the public and a public nuisance within the meaning of this Chapter. 31 6.41 4. Hazardous Building Declaration. In the event that a dwelling or dwelling unit has been declared unfit for human habitation and the owner has not remedied the def�cts within a prescribed reasonable time, then it may be declared a hazardous building and treated.consistent with the provisions of Minnesota Statutes, Sections 463.15-463.261. 220.18. ERECUTION OF COMPLIANCE CODES Upon failure to comply with a compliance order within the time set and no appeal having been taken, the City Council may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be placed against the subject property and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429. 220.19. APPEAL When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter, such person may appeal the compliance order as provided under Chapter 6 of the City Code. The filing of an appeal shall stay all proceedings, unless such a stay would cause imminent peril to life, health, safety, or property. 220.20. TRANSFER OF OWNERSHIP Anyone securing an interest in the dwelling or dwelling unit which has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures under this Chapter. 220.21. NO WARRANTY BY CITY By enacting and undertaking to enforce this ordinance, neither the City nor its council, agents, or employers warrant or guarantee the safety, fitness, or suitability of any dwelling in the City, and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety, and welfare. A warning in substantially the foregoing language shall be printed on the face of the license. 220.22. SEVERABILITY Every section, �rovision, or part of this Chapter is declared separable from every other section, provision, or part to the extent that if any section, provision, or part of this Chapter shall be held invalid, such holding shall not invalidate any 32 6.42 other section, provision, or part thereof. 220.23. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. It is a misdemeanor for any person to prevent, delay, or provide false information to the Compliance Official, or his/her representative, while they are engaged in the performance of duties set forth in this Chapter. 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shall be as follows: CODE SUBJECT 220 �,'_�Tf Rental Dwelling Unit Reinspection Fee: Transfer Fee• License Fee after Revocation or Suspension• FEE Single rental unit -$3� 25 Two rental units �2,4 50 �3-C�re= 3 --� units 75 $�T€e�� 4 units 100 �+r�--�-�v n L•,, � s-�iia�iri cir A;d4E�-1�—i—�ki�i�^rF y�` �' r �z�ruci- �1� €6i�@iif2i�H�13-� �xa*@�—ii � Five or more units $100 + $5 per unit. 60.00 25.00 150� times the annual license fee PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publish: 33 s.43 / f —'7 + � � Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant First Reading of an Ordinance Approving Rezoning Request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair Attached please find the ordinance approving a change in zoning districts from C-3, General Shopping Center district to M-1, Light Industrial. The request is generally located north of 73 1/2 Avenue and east of Highway 65. The City Council conducted the public hearing regarding the request at its April 4, 1994 meeting. Staff recommends one stipulation as a condition of approval: 1. The plat request, P.S. #94-01, and vacation request, SAV #94-01, shall be approved. Staff recommends that the City Council approve the attached ordinance for first reading. MM/dn M-94-307 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulation adopted at the City Council meeting of , 1994. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. Is hereby designated to be in the Zoned District M-1, Light Industrial. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-3, General Shopping Center to M-1, Light Industrial. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: April 4, 1994 First Reading: Second Reading: Publication: 7A i. n ZOA ��94-0 ] Scott Lund N //2 SEC. /2, T. 30, ,� C/TY OF FR/OLEY 2 �,� \� -1-- C �• � �23� '.24; � 3 : ;B: � �,�: �- �c�, � ��: :. ��; q« �� s �� ..,-, c�� +c► � LOCATIC�N MAP � � � Community Development Department PI.ANNING DIVISION City of Fridley DATE: June 10, 1994 ^ � f� TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Vacation Request, SAV #94-01, by Scott Lund and Alvan Schrader The City Council conducted a public hearing re+garding the vacation request at its May 16, 1994 meeting. If.approved, the ordinance would vacate a 15 foot drainage and utility easement which extends across the entire property along the southerly lot line of Lot 3, Block l, Central View Manor 2nd Addition. The property is generally lacated north of 73 1/2 Avenue and east of Highway 65. City staff inet with the petitioner and the property owner to the east, John Buzick, on June 7, 1994 to discuss his concerns regarding drainage in the area. It was brought to staff's attention that a culvert draining the mobile home park to the north is located in the northeast corner of the petitioner's property. In addition, �torm water from Mr. Buzick's property to the east also flows across the petitioner's property. Sta£f notified the engineer to revise the grading and drainage plans to accommodate the pass-through of water from the adjacent properties. Staff has been assured by the engineer that the drainage plan will address the issues raised by the.adjacent property owner. Staff is waiting far revised drainage plans from the engineer (it should be noted that under current requirements, runoff from the mobile home park and salvage yard would have had to be retained on their sites). Staff also contacted the utility companies via fax on June 7, 1994 to confirm that they have no objection to the vacation of the drainage and utility easement. The plat dedicates drainage and utility easements along the east, south, and north lot lines of the development. Scott Lund/Alvan Schrader, SAV #94-01 June 10, 1994 Page 2 Staff recommends that the City Council approve the first reading of the attached ordinance vacating the 15 foot drainage and utility easement. Two stipulations of approval are recommended: 1. The rezoning request, ZOA #94-01, and plat request, P.S. #94-01, shall be approved. 2. The drainage plan shall be amended to accommodate the runoff from the property to the east. MM/dn M-94-311 : � ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a 15 foot drainage and utility easement lying adjacent to and north of the south lot line of Lot 3, Block I, Central View Manor 2nd Addition, ` generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. All lying in the North Half of Section 12, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of , 1994. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: May 16, 1994 First Reading: Second Reading: Publication: . . ` �� O �� Z , � � H- Z � Q " J }. � Q Z =i � O V, � Q � , F" _ �Y Z z � o �� : � W 0 0 n 0 _ — 3� �1 Ceroi�r. 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' I , " i' �I � 8(3/ -r ' � � ---- ---- " _ � '� EiP6 , - - _ - - - � / . _ _ - _ __ _ . _ ._ _ _ _ � / � - - - - - - - � FUTURE PRRKING i �� - � + � _ eas � _ _ . - r t � � J �a � �5 i � I � - � I - � �I - _ _ _ - - - - - - � / / / � / 8 � � � � � BBa � -- ._ ._ J � , � t _ , tM1WC twA�LVERMG PAEH-- / 1 - I 1 w � �'� ." /\ I 1 I � � � i e � � � i '/ ' .SFC� r i � o i 1 � t ' - _ / � � t __ __�r""'�/___'^ ` / �� 1 - r _-__ �-�� \ I - _ _ � \ �\ \ � � � 1 \� '� 1 �- 1 \`\ � �\ . � � / 1 � � I I � � ` \ � .� I (^ � 1 � I I � .� , � M 1 Bb3 � I /� � � - i � . � f \ � ��,. �� -/ / � ��,��. �� 1 i - i // � / , ♦ - - _ �/ i 1 I � � _ _ _ _ ^ / ` " � 1 � 5 C ___ ___ . "'- �� 1 � t I �O-O. . � � l 882 9 / I � i s i� I � �,; � pROPOSED BUILDIN6 � � / _ , � � � i� 13,Ob0 S.F. g- i � i � - ' � F.F.E. 883.4 , ' � � � i �� oio.. � 2so- i�o�o•• � �s•o \ i _ , � i x� �i r` . _� . I - - " � noor �� _ � 3.�' �.•. � �� l-1 �� . - .�881 � oovrnraur v/ � - � ,wnc. sauuH euc. ��'. . CWG YPL1C SLOPE LE55 7HM L•20 � �� , I �, . � � I / " � � `Q - �� _ . � I � ,��• I i I � � , - , �. ,, ; _I ,. � 1� i! � 9'0' ��9'0' 8'0" L 9'0" � � I HCCE55. CIAB-CUT � � � i . i �'I�"- ��f -�I StOPE CE55 hMW�15.6 � I � � � � � - �SEE 5/W � `.�o I I DflIYE HISLE �?IfviKiV;. PREfl - � �� I I ' i � • � � \ a i I i � 1 I � � i j' i. i- I ; i � ♦ � � ! ,j � � � � � � � � � _ - �l � � 880 � - ; � ,, . , � � , e�9 � / y / � / I N. � � R78 � i 1 �� b� � � � �� o ,., � I � y � �� .� � i � � �i I � i `� '� / � \ __ _ _ _ - i --- — - i ,� -r , - - - ---7 — � —, i � � � � _ - - � 10'0' OMWNGE flNU UI11�T EflSEMENT / ee� � / �� I 9.d2' . � , _ SiTE PLAN r � � J Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager,�� . FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving Plat Request, P.S. #94-01, by Scott.Lund The City Council conducted a public hearing regarding plat request, P.S. #94-01, at its April 4, 1994 meeting. The request is to replat Lot 3, Block 1, Central View Manor 2nd Addition and Lots 7, 8, and 9, Block 1, Central View Manor into two lots. Staff recommends that the City Council approve the attached resolution approving the plat request with the following stipulations: 1. 2. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west side of the building. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees.along the north property line. � 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: A. i� C. The outdoor storage shall occur on a hardsurface. The materials to be stored shall be less than 15 feet in height. The materials to be stored shall not be seen from the public right-of-way. Scott Lund, P.S. #94-01 June 10, 1994 Page 2 D. The petitioner shall install a gate with slats parallel to the rear line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: A. Underground irrigation shall be provided. B. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees. C. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated June 8, 1994 prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along.the north lot line. 8. A park dedication fee of $1,394.28 shall be paid at the issuance of the building permit. Stipulation #6 has been amended to reflect the most current comments regarding the grading and drainage plan. The final plat indicates a 15 foot drainage and utility easement on the Alvan Schrader portion of the plat. The surveyor will correct the plat prior to recording. MM/dn M-94-308 ►: � RESOLUTION NO. - 1994 A RESOLUTION APPROVING PLAT, P.S. #94-01, CENTRAL VIEW MANOR THIRD ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #94-01 on February 23, 1994, and recommended approval with stipulations; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their April 4, 1994 Council meeting and approved the Plat at their , 1994 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #94-01, Central View Manor Third Addition, with stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Comstock and Davis, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK • ., WILLIAM J. NEE - MAYOR � Resolution No. - 1994 Exhibit A Page 2 l. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west side of the building. 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line. 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: A. The outdoor storage shaTl occur on a hardsurface. B. The materials to be stored shall be less than 15 feet in height. C. The materials to be stored shall not be seen from the public right-of-way. D. The petitioner shall install a gate with slats parallel to the rear line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: A. Underground irrigation shall be provided. B. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees. C. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated June 8, 1994 prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. 8. 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V �i � �� ` _ `ss` i — , � e e� � - _ � � ;f { � � 6 f — � f Z Sf i> li �� ` _�� # ;� _.� ---.�;:.° '�.�.�'�'' -- . or. .;r.MVe,� �kr:a.: :._..� _ !; • `� I �a�� s� s I i - is �� ; - ;,�; � � � E Ssi i IJ� � t�! F ��{� r� r ; � '=; ! �� ! ;lEi: �1 �t�� :� :a=�3 �'• �tj iT_?�� " ��. 1. 3i � , �-� t _� -- �iFS 4��1i � zs s � I, - I� � �� :;�. � � e .�f � � ` �� F; �� '! t s '• �� :�: � Z � � { � i- C'L P.S. ��94-01 Scott Lund 3 � t Y . .._ f �_ :,y j Z i�) I � ls i i ; �� 1 { f �� i Ti T � s -- �ii j �� g�; �� i 'i �� €� '-: � �� = l: � 3 :a� � a 4ig � . ` ii: � : � 1� '�;� � �� x� • �i� �_ �� .� � �A�F i. vs�s ^ � , 4 i • ! p ai �1 ��3 j!. � E � � _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: June 10, 1994 Q ��-,. TO: William Burns, City Manager � FROM: SUBJECTz Barbara Dacy, Community Development Director First Reading of an Ordinance Approving a Zoning Text Amendment, ZTA #94-01, to Allow Seasonal Outdoor Food Sales, by William Turner Presented for first reading is the ordinance amending the C-2 and C-3 commercial zoning districts to permit seasonal.outdoor food sales as an acce.ssory use and as a special use. The City Council conducted a public hearing on June 6, 1994. Two changes have been made to the proposed ordinance as a result of the public hearing. The first change is amending subparagraph (g) throughout the ordinance to require a license from the Anoka County Health Department and the Minnesota Department of Agriculture, as.well as from the City of Fridley, prior to conducting sales activities. Therefore, the requirements of these organizations would also pertain to the sale operation. The second change was changing the threshold between an accesso�y use and a special use for weekly seasonal outdoor food sales. The ordinance discussed at the public hearing proposed that weekly sales occurring less than two consecutive weeks would be an accessory use and weekly sales in excess of two weeks would be a special use. Staff is recommending that the number of consecutive weeks be increased to three. Because a weekly sale is defined to permit up to three days of sale activity, three days per week for three weeks equals nine days which is only one day short of this special event timeframe of ten days. We thought that this change would make the different types of sales more equitable and more logical. As of the writing of this report, we have not received information from the Minnesota Department of Agriculture regarding their issue about permitted outdoor sales in excess of 14 days on private property. As was discussed at the public hearing, should the State decide to limit sales to 14, days, the William Turner ZTA #94-01 Page 2 requirement in the ordinance for an operator to obtain State approval would dictate that they must abide by the State rules. Recommendation Staff recommends that the City Council recommend approval of first reading of the ordinance as presented. BD/dn M-94-324 10A ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED ��ZONING��, BY AMENDING SECTIONS 205.03, 205.14.1.B, 205.14.1.C, 205.15.1.B, AND 205.15.1.0 The City Council of the City of Fridley does hereby ordain as follows: 205.03. DEFINITIONS 60. Seasonal Outdoor Food Sales A food establishment wherein food is stored prepared manufactured, processed wrapped canned packed bottled, transported, distributed or served from a trailer vehicle stand enclosure, space, or area which is located outdoors and not within the princibal or accessory s�tructure and/or use on the property Further, the food items are served and for sale on a temporary or seasonal basis as defined below: A. Special event sales are sales which occur for a minimum of one !1) and a maximum of ten (10) consecutive days no more than two times per year B. Weeklv sales are sales which occur for a minimum of one (1) and a maximum of three (3) consecutive days in one week. C. Daily sales are sales which occur for ten �10) or more consecutive days. outdoor eatin areas accessor to restaurants as defined herein are not considered seasonal outdoor food sales. 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses. The following are accessory uses in C-2 Districts: � Weekly seasonal outdoor food sales occurring less than three consecutive weeks sub�ect to the following standards: � Sale area shall not exceed 200 square feet of area. r!: Page 2 - Ordinance No. �b, Sale area shall be located within 20 feet of the maior entrance of the principal building. � Sale area shall not be located within the 20 foot barkinq setback or in the public right- of-way. � Sale area shall not interfere with parking or traffic patterns. � The pedestrian waiting area shall be clearly defined, signed, and shall be protected and separated from vehicular traffic. �f,Z Sale equipment shall meet all applicable building, fire, and electrical codes, and any rectuirements of the Anoka County Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka County Health Department and the Minnesota Department of Agriculture, and in accordance with the requirements of Chapter 32 of the Fridley City Code prior to conducting sales activities. � No more than two (2) outdoor food � establishments shall be located on one property during the same time frame. �_ Special event outdoor food sales subiect to the followin standards: � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of the maior entrance of the principal building. �c, Sale area shall not be located within the 20 foot parking setback or in the public right- of-way. � Sale area shall not interfere with parkinq or traffic patterns. � The pedestrian waiting area shall be clearly defined, signed, and shall be protected and separated from vehicular traffic. 10C Page 3 - Ordinance No. � Sale equipment shall meet all applicable buildinq, fire, and electrical codes and any reauirements of the Anoka County Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka Countv Health Department, Minnesota Department of Aariculture, and in accordance with the recruirements of Chapter 32 of the Fridley City Code prior to conducting sales activities j� No more than two (2) outdoor food establishments shall be located on one property during the same time frame. C. Uses Permitted With A Special Use Permit The following are uses permitted with a Special Use Permit in C-2 Districts: 18 Dailv seasonal outdoor food sales subject to the .following standards: � Sale area shall not exceed 200 sauare feet of area. � Sale area shall be located within 20 feet of the major entrance of the principal building � Sale area shall not be located within the 20 foot parking setback or in the public right- of-wav. � Sale area shall not interfere with parkina or traffic patterns. � The pedestrian waiting area shall be clearly defined, signed and shall be protected and separated from vehicular traffic. � Sale equipment shall meet all applicable building, fire, and electrical codes and an� rectuirements of the Anoka County Health Department and the Minnesota Department of Aariculture. 10D Page 4 - Ordinance No. � A license shall be obtained from the Anoka County Health Department, the Minnesota Department of Agriculture, and in accordance with the requirements of Chapter 32 of the Fridley City Code �rior to conducting sales activities. �h, No more than two (2) outdoor food establishments shall be located on one property during the same time frame. 19 Weekly seasonal outdoor food sales occurring for more than three consecutive weeks, subject to the following standards: � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of the maZor entrance of the principal building. � Sale area shall not be located within the 20 foot parking setback or in the public riqht- of-way. �d,1. Sale area shall not interfere with parkinc� or traffic patterns. � The pedestrian waiting area shall be clearly defined, signed, and shall be protected and separated from vehicular traffic. � Sale equipment shall meet all applicable buildincr, fire, and electrical codes, and any requirements of the Anoka County Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka County Health Department, the Minnesota Department of Agriculture, and in accordance with the requirements of Cha�ter 32 of the Fridley Citv Code prior to conducting sales activities. � No more than two (2) outdoor food establishments shall be located on one property during the same time frame. 10E Page 5 - Ordinance No. 205.15 C-3 GENERAL SNOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses. The following are accessory uses in C-3 Districts: j� Weeklv seasonal outdoor food sales occurring less than three consecutive weeks subiect to the following standards: � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of the major entrance of the Qrincit�al buiZding. � S�le area shall not be located within the 20 foot parking setback or in the �ubiic riqht- of-way. � Sale area shall not interfere with parking or traffic batterns. je� The pedestrian waitinq area shall be clearly defined, siyned, and shall be protected and separated from vehicular traffic. � Sale equipment shall meet all applicable building. fire, and electrical codes, and any rec�uirements of the Anoka County Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka County Health Depa�-tment, the Minnesota Department of Aariculture, and in accordance with the rectuirements of Chapter 32 of the Fridley City Code prior to conductinct sales activities. j� No more than two (2) outdoor food establishments shall be located on one property during the same time frame. � Special event seasonal outdoor food sales subject to the following standards: 10F Page 6 - Ordinance No. � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of the maior entrance of the principal buildinq. � 5ale area shall not be located within the 20 foot parking setback or in the public right- of-way. - � Sale area shall not interfere with parking or traffic patterns. � The pedestrian waitinq area shall be clearlv defined, signed, and shall be protected and separated from vehicular traffic. �£.� Sale ectuipment shall meet all applicable buildinq, fire, and electrical codes, and any requirements of the Anoka County Health Department and the Minnesota Department of Agriculture. jgl A license shall be obtained from the Anoka County Health Department, the Minnesota Department of Agriculture, and in accordance with the requirements of Chapter 32 of the Fridlev City Code prior to conducting sales activities. � No more than two (2) outdoor food establishments shall be located on one property durinct the same time frame. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in C-3 Districts: 21 Daily seasonal outdoor food sales subject to the following standar�ds: � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of a major entrance of the principal buildinq. 10G Page 7 - Ordinance No. L� Sale area shall not be located within the 20 foot parkina setback or in the public right- of-way. � �dj_ Sale area shall not interfere with parkinq or traffic patterns. �e� The pedestrian waiting area shall be clearly defined, sianed, and shall be protected and separated from vehicular traffic. � Sale equipment shall meet all applicable building and fire codes, and any requirements of the Anoka County Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka County Health Department, the Minnesota Department of Agriculture, and in accordance with the requirements of Chapter 32 of the Fridley City Code prior to conducting sales activities. � No more than two (2) outdoor food establishments shall be located on one property during the same time frame. 22 Weekly seasonal outdoor food sales occurring for more than three consecutive weeks subiect to the following standards: � Sale area shall not exceed 200 square feet of area. � Sale area shall be located within 20 feet of a ma�or entrance of the principal building. � Sale area shall not be located within the 20 foot parking setback or in the �ublic right- o f -way . � Sale area shall not interfere with parkinct or traffic patterns.. � The pedestrian waitinct area shall be clearl� defined, signed, and shall be t�rotected and separated from vehicular traffic. 10H Page 8 - Ordinance No. � Sale eauipment shall meet all applicable buildinq and fire codes, and any requirements of the Anoka Countv Health Department and the Minnesota Department of Agriculture. � A license shall be obtained from the Anoka Countv Health Department, the Minnesota Department of Agriculture, and in accordance with the requirements of Chapter 32 of the Fridley City Code prior to conducting sales activities. � No more than two (2) outdoor food establishments shall be located on one property during the same time frame. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � Public Hearing: June 6, 1994 First Reading: Second Reading: Publish: � �� r _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Special Use Permit, SP #94-06, to Permit Daily Sales of Mini Doughnuts at Wal-Mart, by William Turner; 8450 University Avenue N.E. The Planning Commission recommended approval of the special use permit for William Turner to conduct "daily sales" of mini � doughnuts in front of the Wal-Mart store at 8450 University Avenue N.E. The special use permit is being processed in conjunction with the recent ordinance amendment to permit daily outdoor food sales in excess of ten days on property zoned C-2, General Business. The petitioner intends to operate a mini doughnut stand on the east side of the Wal-Mart entrance on Fridays, Saturdays, and Sundays between April 1- October 31 of each year. . The Planning Commission recommended approval of the special use permit based on the four recommended stipuTations by staff. The petitioner has since requested that stipulation #1 be amended to read, "...on April 1 and end on October 31 of each year.". Staff has no problem with this proposed amendment. Given the recent discussion with the Minnesota Department of Agriculture regarding operating at the Wal-Mart site beyond 14 days, staff recommends that stipulation #3 be amended to include approval from the Minnesota Department of Agriculture. Recommendation Staff recommends that the City Council approve special use permit request, SP #94-06, by William Turner, to allow daily seasonal outdoor sales of mini doughnuts on Lot 1, Block l, Wal-Mart in Fridley, with the following stipulations: 1. Daily sales of mini doughnuts shall begin on A�ril 1 and end on October 31 of each year. The sales shall be conducted on Fridays, Saturdays and Sundays William Turner, SP #94-06 June 10, 1994 Page 2 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitioner shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment including obtaining any shall abide bv the stipulations imposed bv the Anoka County Health Department and the Minnesota Department of Aqriculture. 4. This special use permit is for the daily sales of mini doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by �the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. BD/dn M-94-325 11A � S TAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date City Council Date : June APPLICATION NUMBER: � SP #94-06 PETITIONER• ♦ Will�am Turner LOCATION• ♦ Wal—Mart, 8450 University Avenue N.E. REOUEST• : May 4, 1994 20, 1994 ♦ The petitioner is requesting a special use permit to permit "daily sales�� of mini-doughnuts to be conducted in front of the Wal Mart store. This special use permit application has been filed in anticipation that the proposed zoning ordinance text amendment regarding outdoor food sales is to be adopted. If the ordinance amendment application is not passed, then this application is moot. BACRGROUND• ♦ The petitioner sold mini-doughnuts inside the Wal Mart store during the 1993 holiday season; however, because the doughnut equipment did not have proper ventilation equipment according to the code, the Acting Building Official determined that the equipment could not operate indoors without proper venting. Turner subsequently asked the City Council to consider amending the appropriate regulations to permit his operation outdoors. ANALYSIS• ♦ The petitioner owns a seven by ten foot "trailer" in which the operator makes and sells the doughnuts. The trailer is proposed to be located fifteen to twenty feet west of the main entrance into the store. The petitioner's proposed use and location meets the standards in the zoning ordinance: SP #94-06 William Turner Page 2 1. The trailer size and sale area is less than 200 square feet. 2. The sale area is within 20 feet of the entrance to the building. 3. The sale area is not within the parking setback area. 4. The trailer and sale area is located on the sidewalk in front of the store. Patrons will not have to wait in the parking area. 5. Because the pedestrian waiting area will be on the sidewalk, the patrons should be protected from traffic in the parking lot. 6. The sale equipment must have an approved fire extinguishing system for the deep fat fryer. Because the equipment will be used outside, the venting equipment required under Section 96 of the NFPA does not have to met. 7. The petitioner will have to obtain the license required under the revised Chapter 32 of the City Code regarding food sales. The petitioner has not indicated a specific timeframe for the length of the sales, although given that it is an outdoor activity, a suggested timeframe is May 1 through October l. RECOMMENDATION/STIPULATIONS: ♦ Staff recommends the Planning Commission recommend approval of Special Use Permit #94-06 to permit daily sales of mini- doughnuts at 8450 University Avenue subject to the foYlowing conditions: l. Daily sales of mini-doughnuts shall begin on May 1 and end on October 1 of each year. 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitioner shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment. 11C SP #94-06 William Turner Page 3 4. This special use permit is for the daily sales of mini- doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the request subject to the four recommended stipulations. STAFF IIPDATE The petitioner has requested that stipulation #1 be amended to read "April 1 and end on October 31 of each year." Staff has no problem with this amendment. Given the recent discussion with the Minnesota Department of Agriculture regarding operating at the Wal-Mart site beyond 14 days, staff recommends that stipulation #3 be amended to include approval from the Minnesota Department of Agriculture. The petitioner has also indicated that he will be operating at the site on Fridays, Saturdays, and Sundays. He has obtained permission from Wal-Marts in other cities and will be rotating to different sites. 11D SP ��94-06 idilliam Turner .. o / - j ' � ::� � ss3g' / . .�� : �F j� !'nl7NFl7 \ , _� � SEc 2 � -- --� ".. . °..' ~ 85th Avenue � --�� __ . ,��As_ .:.:. ;•� `b`_ _ i ae. 9� _ �° s • I � - - � - - � � : J 5 T . 9 5�" � 406.T3 : BO 7e � 87.25 e=2p�3s � � IT a y• N Q � R 9 �/ %��`. \�6� O p 0� O � /�\ W � � � O r � � � � �� a.= -� - , .o, �3, ti y �� eo , o , m .� y o' o ��, � SZ � ��o�� _ � '� a -s,s 2 W �� _ tU � q Jj � u � s � J � b� � `s3o2 �O ~"��p n � ► �o ' � /� (, tg, v �u o : v� 2 i a J3 61 �569°29'02"W�;B s330 �� m � � l i i 90.23 �: 41�32��3" C, � N A �: V� i 1 9z�6g �y4�� J3e RS I T ; A �°� N , a a , ; .! N '�a t�:98 �� ' ��. ��e e '" . 1 o �� 33�'0~ � � �� ° � . y A ,� .� ., � � . Q ��7� '4l ,tl '' • � 'p, Jo 3 2 Q_ J� } � C �ih °; ti c .,, � . � RpO� N�B PRI � �('o , � � w r: � � . v _ C _ , � Gc"t<h '� . (121 / �r / �'� N 1s � � � .o �p a h M �. � � RT a. , Ap� / � .\ ,' � �---- � -_ _ i , E DL R�� F -N84°4��l7°E 600.01- �G9.27 � � ' ~ 60 m: • �r n Im- � �� O O N N o w n o N r • N �� • N J J d ¢ a , 1� — 7�' � i ___ �1_____ i � . � � } �' W �, � � 0 � � a � I 0 ,ajv;- � d' �. ---- '� 3� ? � O - P I p 'm • ' � N �O � ° � IJ, Y � o�, z, �� W o, _ 31 I ° ` OL . A „- m ti N p O N(14� Q ,�� A �lb P �,' A �7N {IyN � � t � � v J so '� �`, I_ v� 3.6� 36,06 � . \' `° 4�� 1 11� LOCATIQN MAP � ,J r�i Zzz� _ rt � Doughnut Sales �, — r. Wa1-Mart w �•� r 0 �� U FUr�RE EXPnn;SiON aREA * 3i,025 SF ' F------• ___ _ '_ --__. ..____ �_ _ _.. _ .. - -------r . SP ��94-06 William Turner - -IT--� • L W i. � —��[?; a� , .� , � �,�- •— > `� � L _ _� < � - � � a�(�' ; l "�; � ^ �� ■,�w V/ Lw' W � '� _ � � � N T I�' s # a "s i t ; � ' SITE PLAN PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 5 205.4.1.B, 205.14.1.C, 205.15.1.B, 205.15.1.C, and rescinding and amending Chapter 32, entitled "Food Establishments"; that the standard regarding the sale area be amended to read, "Sale area shall not exceed 200 square feet of area"; that there be included a limit to the number of sellers allowed at a site; and that there be clarification of food preparatian and food sales. UPON A_-VOICE VOTE, ALL VOTING AYE, VICE-CiiAIRPERSON RONDRICR DE�LARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-06, BY WILLIAM TURNER: Per proposed Section 205.14.01.C.(18) of the Fridley City Code, to allow seasonal daily outdoor sales of food (mini doughnuts) on Lot 1, Block l, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. (Wal-Mart Store) MOTION by Mr. Oquist, 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, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:56 P.M. Ms. Dacy stated the parcel is located at the Wal-Mart Store located at the corner of 85th Avenue and University. The property is zoned C-2, Commercial. The Springbrook Apartments are on the west side of the prope�ty and are zoned R-3, Multiple Family, and the vacant property now under construction is zoned C-2, Commercial. Ms. Dacy stated the petitioner is requesting a special use permit for doughnut sales just east of the front door within the 20 feet distance required by the zoning ordinance just discussed. The vendor will be located on the sidewalk in front of the store. The sidewalk is about 10 feet deep. The trailer is 7 feet by 10 feet so the trailer will be located lengthwise along the wall of the building_ At this point, the area is striped for pedestrian traffic and there are bollards in front of the store's main entrance. Ms. Dacy stated the petitioner stated during the site visit, because they prepare the doughnuts in the bags in advance, they have not generally had a line and there is not an overcrowded condition. Staff have reviewed the request based on the standards developed in the zoning ordinance and recommend the Planning Commission recommend approval of the special use permit subject to the following stipulations: 1. Daily sales of mini doughnuts shall begin on May 1 and end on October 1 of each year. 11� PLANNING COMMISSION MEETING MAY 4 1994 PAGE G 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitioner shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment. 4. This special use permit is for the daily sales of mini- doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. Mr. Oquist stated the petitioner indicated that Wal-Mart was in favor of this business. Are they in favor of this being outside? Mr. Turner stated they were outside for a short time before going inside. Wal-Mart likes their operation, and people seem to like it and ask when they will be back. Mr. Kondrick stated the City received a Ietter from the Wal-Mart store manager indicating he and the customers have been happy with the facility and the food. Mr. Saba stated he has a concern that the vendor is selling food in disposable bags and the customer throws the bag away. He would not like to see these disposable bags thrown away in the parking lot and subsequently littering the Springbrook Nature Center. Mr. Turner stated they pick up the bags when they see them. They fill the bag up all the way to the top, and customers end up taking them home. This has not been an issue. He can place a garbage can outside: The units are spo�less all the time and are approved by the Health Department. They follow the codes and try to recycle as much as they can. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION C�RRIFD AND THE PUBLIC HEARING CLOSED AT 8:02 P. M. MOTION by Mr. Saba, �econded by Ms. Savage, to recommend to the City Council approval of Special Use Permit, SP #94-06, by William Turner, to allow seasonal daily.outdoor sales of food (mini-doughnuts) on Lot l, Block 1, Wal-Mart in Fridley, with the following stipulations: 11H PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 7 l. Daily sales of mini doughnuts shall begin on May l and end on October 1 of each year. 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system for the deep fat fryer. 3. The petitioner shall obtain a license as required in Chapter 32 of the City Code and camply with the seven standards of the proposed ordinance amendment. 4. This special use permit is for the daily sales of mini- doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Turner stated the first stipulation states the dates of operation from May 1 to October l. Is it possible for him to start working anytime soon? Ms. Dacy stated the petitioner is asking to start the operation prior to City Council approval which will not be until June 20. She suggested he write a letter which she will pass on to the. City Council. 3. PUBLIC HEARING: CONSIDERAT #94-05, BY GORDON HEDLUND: Per Section 205.24.4.D and Code, to allow construction Fringe) on Lots 13, 14, 15, Heights, generally located west of Broad Avenue. 205.24.5.A of in the CRP-2 and 16, Block on the north the Fri�y City Distr t (Flood V iverview ' e of Dover Street MOTION by Mr. Oquist, seconded by Mr/5aba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING/AYE, VICE-CAAIRPERSON RONDRICR DECLARED THE MOTION CARRIEI�AND THE PUBLIC HEARING OPEN AT 8:05 P.M. / Ms. McPherson stat the Planning Commission has before them requests for thr e separate lots in the Riverview neighborhood. As each lot i unique and the issues different for each parcel, the request will be presented individually. Ms. Mc�Pherson stated the first request for Special Use Permit, SP #94-'05, is for 665 Dover Street. This property is located approximately 160 feet east of Riverview Terrace on the north � 11 .; CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 1, 1994 _____________�___________------_______________________________�-- CALL TO ORDER: Chairperson Newman called the June l, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL • Members Present: Dave Newman, Dave Kondrick, Dean Saba, Brad Sielaff, Diane Savage Members Absent: Connie Modig, LeRoy Oquist Others Present: Barbara Dacy, Community Develogment Director Michele McPherson, Planning Assistant Gordon Hedlund, 1255 Pike Lake Road, New Brighton Richard Larsen, Amoco Oil Mr. & Mrs. M. E. Thompson, 6212 Hillside Road, Edina Darlene Brady, 641 Buffalo Street N.E. Clark Nason, 614 Cheryl Street N.E. Frank Shimek, 7901 Riverview Terrace Dwight & Karen Just, 661 Cheryl Street N.E. Ronald Swanson, 7921 Riverview Terrace Tim Lott, 2149 Sheridan Hills Road Wayzata Renee McCoy, 581 Buffalo Street N.E. Monte & Michelle Maher, 7965 Riverview Terrace APPROVAL OF MAY 18 1994 PLANNING COMMISSION MINUTES• MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve the May 18, 1994, Planning Commission minutes as written. Mr. Sielaff stated that on page 30, second paragraph, he would like to change the first sentence to read: "Mr. Sielaff stated he also agreed the density and traffic.issues are a wash whether it is existinq zonin� or proposed zoninq. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANYMOUSLY AND THE MINUTES APPROVED AS AMENDED. MOTION by Mr. Kondrick, seconded by Ms. Savage, to remove special use permit requests, SP #94-03, SP #94-04, and SP #94-05 from the table. �2 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. �ewman stated that public hearings on all three of these special use permit requests were held at the May 4, 1994, Planning Commission meeting. That record and the information that was presented at that meeting will be included in the packet that goes to the City Council. Even though the public hearings were closed, he stated he would still allow public input on these items but asked those in the audience to limit their comments to new information that was not raised at the last Commission meeting. Ms. McPherson stated that prior to staff making a presentation for each individual application, she would like to talk in general about some issues that were raised by the neighbors at the May 4th Planning Commission meeting. Ms. McPherson stated one of the issues was whether or not the Commission had the authority to limit the height of the proposed structures on these residential lots. This question was asked of the City Attorney. The City Attorney's response was that the City would need to receive testimony on a case-by-case basis regarding the devaluation of the adjacent properties by the construction of dwellings that would be substantially higher than the existing dwellings. The City Attorney said that the Planning Commission and City Council should bear in mind that there are many instances in the City where there are two story structures adj acent to one story structures. This is true in the Riverview Heights .neighborhood. The City Attorney stated that if this reason is to be used ior denying or limiting the special use permit, it would be necessary to differentiate between the situation of the application and other situations where there are differences in height between adjacent residential structures. Ms. McPherson stated another issue discussed was the question regarding the Coon Rapids Dam. She stated the dam is experiencing some maintenance problems. The Counties of Hennepin and Anoka are currently discussing who is going to be responsible and what type of improvements will be made. The dam is still functioning as a control mechanism for downstream flows, and the DNR and Corps of Engineers have been requested to initiate a new flood study of the upper regions of the Mississippi River. Ms. McPherson stated another issue raised by the neighborhood was regarding sewer backups in the vicinity of Cheryl and Buffalo Streets. The Public works Department reviewed their records. They noted that there was one backup at 641 Buffalo Street in September 1989. Nine backups at 614 Cheryl Street were recorded due to the basement elevation. In 1989, a backflow preventor was installed in an attempt to reduce the amount of backups. Since the installation of the check valve, there has been only one backup at 614 Cheryl Street. 12.1 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE 3 l. Tabled 5/4/94: CONSIDERATION OF A SPECIAL USE PERMIT SP #94- 03, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24_5.A of the Fridley City Code,_ to allow construction in the CRP-2 District (Flood Fringe) on Lots 12 and 13, Block Y, Riverview Heights, generally located on the south side of Buffalo Street east of Riverview Terrace. Ms. McPherson stated that at the May 4, 1994, Planning Commission meeting, staff recommended that the Commission table the request pending the submission of an engineer's plan for the grading and drainage. Ms. McPherson stated the petitioner has since submitted a grading and drainage plan stamped and signed by a civil engineer with the requested information on the slope percents and spot elevations on. the subject parcel. The engineer has reviewed and approved the plan as submitted. Staff has added a few stipulations: • The builder shall grade the property to conform with the engineering plan dated May 23, 1994. • The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. • Rip-rap shall be placed at the end of the swale adjacent to Buffalo Street. . • Erosion control measures shall be installed along the west, south, and east lot lines. Ms. McPherson stated the remaining stipulations are• the same as those proposed at the May 4, 1994, Planning Commission meeting, the elevation certificate, the flood proofing of the garage, the fill, the easement, and the retaining wall. Mr. Frank Shimek, retaining wall to of the property, ground. 7901 Riverview Terrace, stated he would like the be constructed of cement, run the whole length and be built six inches above the level of the Mr. Shimek stated he was talking with the dam engineer at Coon Rapids Dam. He stated rodents.and small animals have been digging tunnels in the levy for 25 years. He.asked the engineer what were the chances of the levy holding if the water goes up on the levy and these tunnels start filling with water. The engineer laughed and said the chances were not very good. Mr. Shimek stated the federal government is against buil.ding in flood plains because of the cost. The weather is chang�ng. The environment is polluting the air to the point where they are now 12.2 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE 4 getting two, three, and five inch rains. If they get heavy rains, it is going to flood in this neighborhood again. These houses are going to sit on mounds of dirt. What happens when a heavy current of water flows around these houses and the dirt washes away? Are these houses are going to break loose and tear into the other houses? Mr. Shimek stated he questioned square feet. He stated he has � there by Anoka County to mark the ago. When the surveyor came out, stake. whether this lot even has 7,500 stake in his yard that was put corner of the property many years he surveyed 5 1/2 feet off that Mr. M. E. Thompson, 6212 Hillside Road, Edina, stated Mr. Shimek's lot is six feet lower already than the subject property, and now the petitioner wants to build it up another four or five feet. That stake has been there for 22 years, and all of a sudden the property line moved 5 1/2 feet. He submitted a diagram showing the existing stake and the location of the nail put in by the recent surveyor. Can the City send a surveyor in to check this out? He also believed the subject property was more like 7,000 square feet instead of 7,500 square feet. The City took some property for the road, so why are they giving it back to him again? Ms. Darlene Brady, 641 Buffalo Street, stated she also challenged the size of this lot. She heard that the City is including land that was taken by the City under the dike in the street beiore the petitioner even purchased the property. That is crazy. If the City gave that land back to petitioner, then the City should give everyone back their land. Ms. Brady stated that a recent article in the newspaper stated that the federal government does not want people building behind levies because they don't want to have to support buildings in the future. The river and the creek were very high last year. If they had gotten the rains like Iowa, Missouri, and Illinois, they would have been flooded, too. It is not very smart to add new homes in the flood plain. The City can have the petitioner sign a piece of paper stating that the City is not financially responsible for any flooding, but if a home washes away with a family in it, then what good is that piece of paper? Ms. Brady stated the levy was built on an emergency basis; it was not constructed the same as a well planned levy. Adding new homes in this area will only compound the problems. Ms. Brady stated it is recorded that her sewer has only backed up once. That is not true. It has backed up four or five times. She did not call the City every time because she assumed the problem was roots. She has documentation from sewer contractors about these backups. She called her City Councilmember at the time to try to get a check valve, but nothing ever happened. 12.3 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE S Ms. Brady stated that regarding the engineer's report, the engineer talked about getting the water to run off the proposed property, but her concern is what happens after the water leaves the property. The water will all come out right by her garage, and her garage will be flooded. With the recent heavy rain, the water pooled up in front of her garage. Ms. Brady stated that to build on a 7,500 square foot lot, the person should have 7,500 square feet of actual land available. They should not be able to count the land that is under the dike and dam. She believed that this lot is not 7,500 square feet and would like the lot resurveyed, because things have changed in the last 30 years. Ms. Dacy stated that according to the certificate of survey that the petitioner's surveyor submitted, with the area that is included in the street (easement), there is a lot area of 7,982 square feet. If, for discussion purposes, the easement area was subtracted out, that equates to 455 square feet, leaving a remaining lot size of 7,527 square feet. Ms. Dacy stated the City does not have a registered surveyor on staff. The City typically does not do surveys for private property owners. It is the City's policy that if adjacent property owners are disagreeing about the location of a lot line, staff recommends that the adjacent property owners contact a surveyor, have another survey done, and have the two surveyors go over the surveys and verify the correct survey. Ms. Brady asked about the drainage. Ms. Dacy stated the plan is to eventualiy direct the water on the subject parcel toward the northeast corner of the lot within the swale. The purpose of the rip-rap at the end of swale is to hold back the velocity of water running off the driveway. At that point, the water will run onto and down the street. Staff was at the site during the last rain and does acknowledge that for certain periods of time, the water does pool in front of Ms. Brady's garage. However, the engineer is certifying to the City that the water can be handled on the subject lot and then is directed appropriately to the public street. At this time, there is no evidence to indicate to staff that the drainage would adversely affect Ms. Brady's property. Ms. Brady stated that it sounds good in theory, but these plans do not always work. Ms. Dacy stated that is why ail the stipulations are based on appro�val of the petitioner's plan and engineer's plan. If there are any problems, it will be the property owner's responsibility to correct the situation. 12.4 PLANNING COMMISSION MEETZNG JONE 1 1994 PAGE 6 Ms. Brady stated she is not against a two story house being built on this lot; but when a 2- 2 1/2 story house is built on top of land that has been jacked up eight feet higher than the surrounding homes, the house ends up being three to four stories tall. Ms. Dacy stated that regarding construction in the flood plain, the Federal government is concerned about the costs; however, the federal government has a list of standards thai people who own property in the flood piain and have the right to develop must meet. Ms. Dacy stated the City, on an annnal basis, has requested the federal government and state to do another flood insurance rate study to re-evaluate the elevations. Until that time, the City has to abide by the federal government's standards. Ms. Brady stated that if a house is built on this property, it should be appropriate to the lot, appropriate to the neighborhood, and on a lot that is large enough. Is there any reason why this lot could not be designated a green space and be swapped with another lot for this builder? It is something to consider. Part of the attraction of this neighborhood is the green space and the setting of the neighborhood, and that can be vastly changed by constructing an oversized house on an undersized lot. Mr. Tim Lott, 2149 Sheridan Hi11s Road, Wayzata, stated his concern is the retaining wall. He is also concerned about the square footage of the lot. He stated Mr. Hedlund has always been trying to.buy property from the Thompsons on one side and from Mr, Shimek on the other side so that he would have enough land to build. Now, all of a sudden, stakes are inside the Thompson property Iine where they were not there beEore, and there is a permanent marker in the southeast corner. Staff says it is up to the adjacent property owners to say the property marker that has been there for many years is not right and must spend money for another survey. His concern is that the petitioner did not have enough property to build on, and now, all of a sudden, he has enough property to build on. At best, he sees 7,200 square feet for this property. Mr. Lott stated that when they start building little pyramids on these pieces of property that have been draining properly, the way the rain falls off this property, the drainage is not going to be the same as it was. It might impact the adjacent properties frozn just general rains, as well as if there is that 100 year flood. Mr. James Peterson, 7995 Broad Avenue, stated this neighborhood is an eclectic neighborhood. Some houses were built as cabins on 25. foot lots, and there are nice homes on large lots. It is kind of a hodge podge. There never seems to have been a comprehensive development plan for this area. Does the City even want development in this area? Or would the City rather not have any 12.5 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE 7 development and see that the land is abandoned? If the City wa.nts development, what kind of development would it like to have? Does it want to continue developing on a piecemeal basis? It is a mess right now. It would be in the City's best interest to develop these lots to present day standards. This would be a golden opportunity for a comprehensive development, particularly with the development of Riverview Heights Park. What has happened to the big plan for park land all along the River? What are the plans for Riverview Terrace? What is its function? Mr. Peterson stated planning implies anticipation. It is not a reactive job; it is a proactive job. Mr. Peterson stated this is a beautiful area. This is an excellent opportunity for the Housing and Redevelopment Authority to do a coop.erative development, and these people could end up with new homes. Mr. Peterson stated there are property owners whose basements are being used as holding ponds. They have streets that have hollows in them; and when it rains, the water pools. in the hollows. The streets are all breaking up and have just been patched over and over again. There are more plans for the improvement of East River Road. What are going to be the main streets? Mr. Peterson stated that about 1,000 yards of fill will need to be brought in. He would suggest that the trucks bringing in the fill use 79th Way to protect the other neighborhood streets from the truck traffic and from breaking up. Mr. Monte Maher, 7965 Riverview Terrace, stated he believed the creek is going to be the major problem as far as water. The creek is going to fill up first. Staff has said that if other property owners contest the survey, the property owners have to hire a surveyor to have another survey done. He just didn't understand why it is their responsibility, especially when the neighbor knows where the stakes are. Doesn't a four foot retaining wall show that there is a problem? Mr. Newman stated the petitioner has provided the City with a survey signed by a state licensed surveyor. The City has to assume that the individual is duly licensed and is doing his/her job appropriately. Despite what some people might think, most of these surveyors are not going to risk their license and livelihood by fudging on an officiai survey. As a matter of policy for the City, questions on surveys come up all the time. If, every time a neighbor contested the survey of another lot, the City used public dollars to hire a second surveyor, the City could start spending significant public dollars. That is why the City has adopted the policy that if neighbors disagree with a survey submitted by a state licensed surveyor, it asks the neighbors to present compellinq evidence to prove otherwise. 12.6 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 8 Mr. Maher stated they do not need a three story house when everyone else in this neighborhood has one and two story houses. Maybe more of an effort should be made to combine these vacant lots with other lots to make bigger lots. This is a beautiful neighborhood and building should be done, but it should be done on the right sized lots. Mr. Maher stated that this proposal actually affects more people than just this neighborhood and more people should have been notified. There are a lot of changes going on that more people should know about. Ms. McPherson stated notices are sent to people within 350 feet outside the property line of the subject parcel. Mr. Newman stated that notices are sent out based on an ordinance. It would require an ordinance change by the City Council to require sending notices to a broader area. Mr. Gordon Hedlund stated the size of the house was brought up. The house that he would be proposing would�not be any larger than homes that are already in the area. It is not unusual to see a. smaller house next to a larger house in this area. Mr. Kondrick asked Mr. Hedlund if he had any objections to the stipulations being recommended by staff. Mr. Hedlund stated he has read the stipulations and is in agreement with them. . Mr. Newman asked Mr. Hedlund what material would be used for the construction of the retaining wall. Mr. Hedlund stated it would be an approved product, whether it is wood, concrete, or stone. Mr. Newman asked if Mr. Hedlund would object to a stipulation that the retaining wall not be made of wood. Mr. Hedlund stated he believed the retaining wall would probably be non-wood. Concrete is more permanent. Mr. Tim Lott asked if it would make a difference if the petitioner's property is less than 7,500 square feet. Mr. Newman stated that if the property is less than 7,500 square feet, the petitioner would have to apply for a variance before he would be able to build on the property. Mr. Lott asked i� the Planning Commission will be basing its decision on the assumption that this property is 7,500 square feet. 1 2.7 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 9 Mr. Newman stated the Planning Commission has to base its decision on the available information. He suggested that if the property owners want to contest the 7,500 square feet, they might want to first ask a surveyor to come out to the property and informally tell them whether or not the stakes are properly located. If the surveyor believes the stakes are improperly located, then the property owners have no issue. However, if the surveyor feels there may be a problem, then the property owners may want to spend the money for the second survey. That information should be given to the City staff and City Council. Ms. McPherson explained that the property that is in the road from the curb of Riverview Terrace to the lot line was acquired as an easement. It was not condemned and taken over under City ownership. The City condemned an easement which gives the City permission to use that portion of property for the road. But, the property between the curb and the lot line is still legally under the fee ownership of Mr. Hedlund, and that land can be used as a calculation for the lot a,rea. Mr. Lott stated it might be a moot issue to acquire another survey. Mr. Newman stated that is true, unless the property owners can prove that the lot area, including the area under the road, is less than 7,500 square feet. Mr. Maher asked if there are any plans for Riverview Terrace that might affect this plan. Ms. Dacy stated there is a potential improvement plan for the Riverview Terrace right-of-way. One of the proposed stipulations on this particular lot was for a request from the Engineering Department for an additional easement. Because no detailed drawings have been done, staff does nat know the answer to Mr. Maher's question at this time. Ms. Brady stated there has to be some kind of rule or ordinance that allows a property owner to count the easement as part of lot area. Ms. Dacy stated the definition fvr an easement is defined in State Statute, as well as in the definition for fee simple ownership. Between now and the City Council meeting on June 20, 1994, staff will be happy to meet with the adjacent property owners and a surveyor to review what they feel is a correct version of this lot. If they can document that the lot area is below 7,500 square feet, staff will present that to the property owner. Then the next step would be for the petitioner to apply for a lot area variance.which would be a separate prvicess through the Appeals Commission and City Council. Or, the property owners can make their appeal to the Council members. 12.8 PLANNING COMMISSION MEETING. JUNE 1, 1994 PAGE 10 MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the diagram showing the existing stake and the location of the nail put in by the recent surveyor submitted by M. E. Thompson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Brady asked for a copy of the survey report, the new stipulations, and engineer's report. Ms. Dacy stated staff will provide her with that information. Mr. Saba stated that as much as he is opposed to this type of structure, according to the City Attorney's decision, the City cannot restrict the height.of the structure. The other control is through the lot size and flood fringe permit, which is the reason for the special permit application. The Commission also cannot discuss how this area is to be planned. The neighbors have brought up a number of issues, including the lot size, that should be resolved before this special use permit goes to City Council. The testimony from the public hearing on May 4, 1994, and from this meeting will go to City Council with the Commission's recommendation. He stated he believes the only recammendation the Commission can make is approval of this special use permit with the stipulations recommended by staff. � Ms. Savage stated that at the May 4, 1994, meeting, the Planning Commission tabled this special use permit request s� the petitioner could fulfill the requirements and he has done that. She would agree that the Commission should recommend approval of the special use permit with the stipulations. Mr. Sielaff agreed. Based on the information the Commission has had, they have to recommend approval. If the adjacent property owners can come up with some other information and want to make a case, they can make it to the City Council. Mr. Kondrick stated he cannot come up with any legal reason for denying this request. The petitioner has conformed to all the requirements, and the Commission has to rely on the information that has been provided. He, too, would recommend approvaZ of the special use permit. Mr. Newman stated he appreciated the concerns raised by the neighbors. He remembered back in 1964 when there was a referendum as to whether or not this site was going to be included in urban renewal because of the concerns of flooding, and the residents of this City voted against that. He stated he was down in this area in 1969 filling sandbags. He runs through this area and has for 10 years, so he is very familiar with this area. 12.9 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE 11 Mr. Newman stated Mr. Peterson made a very compelling and interesting argument. However, under state law, this is a special use permit; and as long as the applicant can meet the standards set forth in the ordinance, the Commission does not have any discretion. That is set by state law. If the City Council wants to do some kind of comprehensive plan and wants the Commission to do that, then that becomes their responsibility. Until then, the Commission is bound by the state law. From his reading and from the information that has been provided to the Commission, the applicant has met those statutory standards. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #94-03, by Gordon Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) nn Lots 12 and 13, Block Y, Riverview Heights, generally located on the south side of Buffalo Street east of Riverview Terrace, with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824. 2. The petitioner shall floodproof the garage in accordance wit.h current federal and state floodproofing requirements to a minimum of the l00 year flood elevation. 3.. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. 6. Rip-rap shall be placed at the end of the swale adjacent to Buffalo Street. 7. Erosion control measures shall be installed along the west, south, and east lot lines. 8. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. The wall shall be constructed of concrete or stone. 9. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 12.10 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 12 10. 11. 12. The petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line. The grading and drainage plan shall indicate the number of trees to be preserved. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on June 20, 1994. 2. Tabled 5/4/94: CONSIDERATION OF A SPECIAL USE PERMIT SP #94 04, BY GORDON HEDLUND• Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, generally located on the south side of Cheryl Street west of Broad Avenue. Ms. McPherson stated this property is located at the intersection of Cheryl and Broad Streets. The Commission tabled this request at its May 4, 1994, meeting to request that the petitioner have the grading plan reviewed and more specifically defined by an engineer. The engineer plan did come back with swales defined with percent slopes and spot elevations on the property. The engineer also indicated that a pipe will need to be installed in the southwest corner of the property to the catch basin at the northwest corner of the property to make sure that water does not remain pooled in the southwest corner. Ms. McPherson stated staff has again stipulated that the builder is to grade the property in conformance with this plan and that the verifying survey which is required be submitted by the petitioner to confirm that the grading does meet the plan as submitted. In addition, silt fences and other erosion control measures need to be placed along the edges of the property line to prevent dirt and excavation material from going into the adjacent streets. Ms. McPherson stated staff visited this site to investigate the height issue. The property owner at 614 Cheryl Street indicated a concern regarding the height of the dwelling. For this particular property, staff has stipulated not to limit the height of the building, but to limit the location to the pad as proposed. It is in the center of the lot and, therefore, would reduce the impact of the overall height of the building if it is constructed 12. i 1 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 13 in this locatian. This lot is very similar to the lot at 600 Ely Street, just two blocks north of the subject.parcel. At that location, there is a small dwelling unit in a similar location as 614 Cheryl. The dwelling to the east, built after 1977 when the flood plain regulations were adopted, is at a higher elevation. You can see the amount of fill that was filled on that property to bring the dwelling into conformance. Ms. McPherson stated the remaining stipulations for this property are the same as those recommended at the May 4, 1994, Planning Commission meeting. Staff recommends that the Commission recommend approval af this speciaZ use permit request with the 11 recommended stipulations. Mr. Newman stated that, again, it might be appropriate to add a stipulation regarding concrete or stone retaining wall plans that have been signed by a structural engineer. Mr. Clark Nason, 614 Cheryl Street, stated he is concerned about the sewer system in this area. He is the one who has all the trouble with sewer backups. He does have a shutoff valve., but if the pumping station doesn't work, the sewer backs up into his basement. The sewer system cannot handle the homes that are there now, and how is it going to handle another home? He stated he is going to look at a 7 foot embankment outside his.door. There is a 5o foot vacant lot in back of his house so he could be Iooking at another 7 foot embankment in back of his house, too, if that lot is developed. With 7 feet all around him, he.is down in the valley. No matter what the City says, that water is not going to stay on the other property; it is going to go onto his property. Ms. Darlene Brady, 641 Buffalo Street, stated she again wanted to say that when the land is built up that high, they are talking about a two or three story house. Again, they need to build appropriate to the lot and appropriate to the neighborhood. Mr. Monte Maher, 7965 Riverview Terrace, stated that something should be done about the sewer system if more houses are going to be built. Mrs. Michelle Maher, 7965 Riverview Terrace, stated she can understand that the City has to approve these requests if the petitioner meets all the requirements. But, is there anything the Commission can do to understand the concerns of the neighbors and make recommendations on a personal level? Is there anything the neighbors can do to make a difference besides expressing concerns, because that doesn't seem to be very beneficial here? Mr. Newman stated that in some regards, expressing their concerns may be more beneficial than they believe. The Commissian has two important components: (1) The Commission receives information to present to the Council; and (2) The Commission makes a 12.12 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 14 recommendation to the Ccuncil. He stated the Council does not always follow the Commission's recommendation. He stated some very valid issues have been raised by the neighbors, and he encouraged them to contact their councilmember. Mr. Gordon Hedlund stated he had nothing to add. Mr. Kondrick asked Mr. Hedlund if he had any objections to the stipulations recommended by staff. Mr. Hedlund stated he has read the stipulations and has no objections to them. � . Mr. James Peterson, 7995 Broad Avenue, asked if the City has any rules for the building pads, the type of soil, etc. Ms. McPherson stated that information would be required at the time of the building permit by the Inspection Division. Mr. Peterson stated the only other comment he would make is that the City not allow the truckloads of fill to drive on Broad Street which is already in very bad shape. Mr. Newman stated that even though the Council could impose that condition, it is very difficult to enforce. Mr. Kondrick stated he is very disturbed about the sewer problems that Mr. Nason at 614 Cheryl Street has been experiencing. He recommended that Mr. Nason continue to express that Concern. Mr. Nason stated he now carries insurance because of the sewer backups. Something needs to be done. Ms. Brady stated she also has sewer backups. Her hot water heater is rusting because of it. The City of Fridley will not help her with that. Also, these backups can be a bad health issue. Mr. Newman suggested that Ms. Brady contact her councilmember and give her councilmember this information and any records she has regarding her sewer backups. Mr. Monte Maher, 7965 Riverview Terrace, stated sewage is a big concern. The City's record only pertains to those people who have made the effort to contact the City. There may be a lot of other people who have had sewer backups but have not calied the City. MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to City Council approval of special use permit, SP n94-04, by Gorcion Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, generally 12.13 PLANNING COMMISSION MEETING, JUNE l, 1994 PAGE 15 lor_ated on the south side of Cheryl Street west of Broad Avenue, with the following stipulations: l. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9. 2. The petitioner shall floodproof the garage in accordance with current federal and state floodproofing requirements to a minimum of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall shall be constructed of concrete or stone materials. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7. The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basis and pipe. 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 9. The grading and drainage plan shall indicate the number of trees to be preserved. l0. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. The dwelling shall be constructed in the location proposed on the grading plan. Mr. Newman stated the neighbors have raised some very signifi.cant issues and concerns, particularly the concern about these houses sitting on mounds in this n�ighborhood. However•; the Commission is bound by ordinances and by the information provided by City staff. As this area goes through further redevelopment, the Commission should probably take a closer look at these issues and concerns. 12.14 PLANNING_ COMMISSION MEETING, JUNE 1, 1994 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Tabled 5/4/94: CONSIDERATION OF A SPECIAL USE PERMIT SP #94- , 05, BY GORDON HEDLUND� Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue. Ms. McPherson stated this property is located on the north side of Dover Street, approximately 150 feet from Riverview Terrace. This request was tabled at the May 4, 1994, Planning Commission meeting to allow the petitioner time to have an engineer review the grading and drainage plan and provide percent slopes for the swales and spot elevations. The petitioner has submitted an engineer's plan which indicates that the swales will be adequate to handle the water runoff. Again, the Engineering Department has indicated that erosion control measures should be placed along the west, east, and south lot lines to prevent soil from flowing into the street due to runoff prior to vegetation being established on the property. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval with nine stipulations: l. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1. 2. The petitioner shaTl floodproof the garage in accordance with current federal and state floodproofing requirements to a minimum of the i00 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 12.15 PLANNING COMMISSION MEETING, JUNE 2, 1994 PAGE 17 8. The grading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Newman asked if there are any retaining walls for this property. Ms. McPherson stated there are not. Ms. Brady stated that, again, the sewer issue is a concern for this property. Also, the big mound on dirt and the multi-level home are concerns. She is not objecting to a home being built on the lot, but it should be built to fit the lot size and the neighborhood. This proposal is more reasonable than the first two proposals. Mr. Hedlund stated he had nothing to add. Mr. Kondrick asked Mr. Hedlund if he had any problems with.the stipulations recommended by staff. ` Mr. Hedlund stated he is in agreement with all the stipulations. MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend to City Council approval of special use permit, SP #94-05, by Gordon Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District �Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Braad Avenue, with the following stipulations: 1. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1. 2. The petitioner shall floodproof the garage in accordance with current federal and state floodproofing requirements to a minimum of the 100 year flood elevation. 3. The fill placed on ti�e property shall extend a minimum of 15 feet from the proposed dwelling.unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5: The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. 12.16 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 18 6_ Erosion control measures shall be installed along the west, south, and east lot lines. 7. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 8. The grading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Newman stated this request will go to the City Council on June 20, 1994. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-07, BY AMOCO OIL COMPANY- Per Section 205.14.01.C.(5)� of the Fridley City Code „ to allow the expansion of an automobile service station on Lots 16, 17, 18, and 19, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5311 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading and open the public hearing. UPO�i A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:50 P.M. Ms. McPherson stated this property is located in the northeast corner of 53rd Avenue and University Avenue. The property is zoned � C-2, General Business. The property to the east is zoned R-3, General Multiple Dwelling. Ms. McPherson stated the petitioner is proposing to construct a 12 foot by 15 foot storage additian on the rear of the service station building. The original service station was constructed in 1959, and the City issued a special use permit to allow a car wash expansion in 1978. Ms. McPherson stated the petitioner has also applied for two variances: (1) to reduce the setback from an adjacent residential district from 50 feet to 19 feet; and (2) to reduce the hard surface setback from a building from 5 feet to 0 feet. The Appeals Commission reviewed the variance request on May 24, 1994, and recommended approval of the request to the City Council. 12.17 PLANNZNG COMMISSION MEETING JUNE 1 1994 PAGE 19 Ms. McPherson stated the addition is proposed to be used for storage of air compressors and lube equipment to improve the working conditions and safety for the mechanics. The addition is proposed to be located adjacent to the car wash. A waste oil tank is located to the south of the addition so that Iimits the size and location of the addition. Ms. McPherson stated residential dwellings are located east of the property. There are residents who use the service station property and the alley along the east property line for access to their garages. The expansion would narrow the driving aisle adjacent to the alley down to 19 feet. Typically, the code requires a 15 foot hard surface separation from an alley; however, rec�ziring compliance with this requirement would eliminate access for the adjacent property owners. The Appeals Commission did not recommend granting that variance in order to allow the City to evaluate the nonconformity should the property become damaged to more than 500 of its value. The Appeals Commission did vote to waive the 5 foot hard surface requirement along the east side of the addition in order to maximize the driving aisle along the rear of the building. Ms. McPherson statecl a site visit revealed that the area along the north side of the building is used for the storage of materials and equipment. The dumpster is Iocated in this area and is not screened from the public view. Ms. McPherson stated the addition is proposed to be constructed of eight inch concrete block and insulated with cellulose insulation on the inside of the block. It should be painted to match the rest of the building. The equipment to be stored inside the addition should not exceed the allowable decibels established Chapter 124 of the City Code. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit request with seven stipulations. Mr. Saba asked the hours of operation. Ms. McPherson stated the petitioner stated at the Appeals Commission meeting that the service station has 24 hour service; however, the mechanic bays are typically closed at 9:00-9:30 p.m. Mr. Saba asked if the compressor equipment will be running all night. He is concerned about noise. Mr. Richard Larsen, Amoco Oil, stated the compressor only runs if there is a need for air. The car wash will not be used to any extent late at night and the mechanics leave at 9:00-9:30 p.m. Mr. Kondrick asked if there was any neighborhood objection. i2.18 PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 20 Ms. McPherson stated she received one telephone call from a neighbor living near the service station who was concerned about the amount of money being expended by the petitioner in terms of light rail transit. She also received a telephone call from a property owner living on the west side of University who was concerned about signage and the aesthetic appearance. No residents from the immediate neighborhood appeared at the Appeals Commission meeting. Mr. Newman asked if Mr. Larsen had any objections to the stipulations. Mr. Larsen stated he is in agreement with all the stipulations. MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:00 P.M. MOTION by Ms. Savage, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #94-07, by Amoco Oil Company, per Section 205.14.O1.C.(5) of the Fridley City Code „ to allow the expansion of an automobile service station on Lots 16, 17, 18, and 19, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5311 University Avenue N.E., with the following stipulations: 1. Variance, VAR #94-03, shall be approved. 2. Two pipe bollards shall be installed at the southeast and northeast corners of the addition in lieu of the five foot separation. 3. The addition shall be painted to match the existing structure. 4. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. 5. The outdoor storage of materials adjacent to the north lot line shall be discontinued. 6. No parking shall be permitted adjacent to the rear of the building or the addition and shall be posted "no parking". 7. The dumpster shall be screened from public view. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 12.19 PLANNING COMMISSION MEETING, JUNE 1, 1994 PAGE 21 5. RECEIVE MAY 2, 1994, PARKS AND RECREATION COMMISSION MINUTES: MOTION by Mr. Kondzick, seconded by Mr. Sielaff, to receive the May 2, 1994, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE MAY 5 1994 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES� MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the May 5, 1994,. Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEIVE MAY 12 1994 HUMAN RESOURCES COMMISSION MINUTES• MOTION by Ms..Savage, seconded by Mr. Kondrick, to receive the May 12, 1994, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHATRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the June l, 1994, Planning Commission meeting adjourned at 10:15 p.m. Respectfully submitted, �;; J / • 'V�..� ` yn� Saba Recording Secretary � 2.2� r � s __ J Community Development Department PLANNING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager�((� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit Request, SP #94-03, by Gordon Hedlund; 7915 Riverview Terrace N.E. The Planning Commission conducted a public hearing at its May 4 and June 1, 1994 meetings regarding the special use permit request to allow construction of a dwelling in the flood fringe district. The Commission recommended approvai of the request with the following stipulations: l. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824. 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3. 4. 5. 6. 7. 8. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. Rip-rap shall be placed at the end of the swale adjacent to Buffalo Street. Erosion control measures shall be installed along the west, south, and east lot lines. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone. � Gordon Hedlund SP #94-03 Page 2 9. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 10. The petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line. 11. The grading and drainage plan shall indicate the number of trees to be preserved. 12. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-315 � 2.22 � STAFF REPORT Community Development Department Appcals Go�ucnission Datc Planning Coinrnission Datc : May 4, 1994 ; June 1, 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: • SP #94-03 PETITIONER• Gordon Hedlund LOCATION• 7915 Riverview Terrace N.E. REOUEST• The petitioner requests that a special use permit be issued to allow construction of a single famil� dwelling unit in the Flood Fringe district. The request is for a vacant parcel located in the southeast corner of the intersection of Buffalo Street and Riverview Terrace. ANALYSIS• Zoninq Requirements The property is zoned R-1, Single Family Dwelling. There are additional residential uses surrounding the subject parcel. The parcel is vacant, and the petitioner proposes to prepare the parcel for sale (the petitioner does not have a purchaser for the property, and does not have proposed house plans). The subject parcel has been a lot of record since it was platted prior to 1955. The lot requirements are therefore different from what is required for current lot splits/plats. The subject parcel has a lot area of 7,982.4 square feet which exceeds the minimum 7,500 square foot requirement. The subject parcel has a width of 60 feet, which exceeds the minimum lot width requirement of 50 feet. The surveyor has identified the proper setback requirements for the R-1, Single Family Dwelling district on the site survey, and has located a possible house pad on the property which meets those setback requirements. Flood Fringe Requirements Section 205.24.05.A of the O-1 district regulations require that the first floor elevation of all habitable living space is a 12.23 SP #94-03 Gordon Hedlund Page 2 minimum of one foot above the 100 year flood elevation. The 100 year flood elevation for the subject parcel is 822.9. The minimum first floor elevation, therefore, is 823.9 for all habitable spaces. The petitioner has proposed a first floor elevation of 824. The O-1 regulations also require that an elevation certificate be submitted. **Stipulation** The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation beinq capped, which shall verify that the minimum first floor elevation is 824. The O-1 district regulations permit accessory uses below the I00 year flood elevation if those accessory uses are flood-proofed in accordance with current federal and state flood-proofing regulations and the following standards: aj Not for human habitation; b) Have low flood damage potential; and c) Structures. are firmly anchored. The garage is proposed to be at an elevation of 822. This is permitted if the garage is flood- proofed to the 100 year flood elevation of 823.9. **Stipulation** The petitioner shall flood-proof the qarage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood.elevation. The O-1 district regulations also xequire that the fill needed to increase the elevation of the first floor extend a minimum of 15 feet from the proposed dwelling unit. Six feet of fill will be required in order to meet the elevation requirement. On the west side, the dwelling will be one foot above street grade; on the east side, it will be six feet above street grade. Buffalo Street slopes downward to the east from Riverview Terrace. The petitioner is proposing to comply with the fill requirement; however, as a result of placing fill on the subject parcel, the natural drainage patterns of the parcel wiil be changed. Water currently flows from west to east across the subject parcel into Buffalo Street to a catch basin located at the east end of Buffalo Street. Once it enters the catch basin, the water then flows into Springbrook Creek. There is also a low area along the south lot line where water would flow into the property to the south. As a result of the fill being placed on the subject parcel, water will be instead directed toward the north and east lot lines. In order to direct storm water flow so that it leaves the subject parcel, a well-defined drainage swale will need to be constructed i 2.24 SP #94-03 Gordon Hedlund Page 3 along the south and east lot lines to prevent water from entering the property to the south. The petitioner submitted a grading plan reviewed by a civil engineer which includes spot elevations and slope percents for the swale located along the east property line. The grading plan will not change the flow of water on the property to the south. Water will still pool next to the proposed retaining wall. The plan will drain the water properly. The builder will be required to grade the property accarding to the plan dated May 23,, 1994. The verifying survey shall confirm that the grading meets the plan. Rip-rap should be placed at the end of the swale adjacent to Buffalo Street. Erosion control measures will need to be installed along the lot lines indicated on the engineering plan. **Stipulation** The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. **Stipulation** **stipulation** **stipulation** **Stipulation** The builder shall qrade the property to conform with the enqineering plan dated May 23, 1994. The verifyinq survey shall confirm that the grading complies with the plan dated May 23, 1994. Rip-rap shall be placed at the end of the swale adjacent to Buffalo Street. Erosion control measures shall be installed along the west, south, and east lot lines. The petitioner is proposing to construct a retaining wall along the south property line due to the amount of fill needed. The design of the retaining wall should be revised and signed by a structural engineer. **Stipulation** The petitioner shall submit retaininq wall plans that have been siqned by a structural engineer. Hold Harmless Agreement The City has in the past required petitioners of similar requests to execute and record hold harmless agreements against the property. This releases the City from liability if damage occurs due to flooding. 12.25 SP #94-03 Gordon Hedlund Page 4 **Stipulation** The petitioner shall execute and record aqainst the property a hold harmless aqreement releasinq the City from liability if damaqe occurs as a result of floodinq. Road Easement The Engineering Department is requesting a 10 foot flood control, street, utility, and drainage easement. In 1969, the City began condemnation proceedings for a similar easement of 7 feet. Riverview Terrace is proposed to be reconstructed as a neighborhood collector street under the Minnesota State Aid Program (MSA). Additional right-of-way is needed to meet MSA standards. This right-of-way may be obtained through the granting of easements. **Stipulation** The petitioner shall qrant a 10 foot flood control, street, utility, and drainaqe easement along the west lot line. Miscellaneous Requirements There are a number of mature trees located_on the subject parcel. These trees are an asset to the subject parcel, and an attempt should be made by the petitioner to preserve as many trees as practical. **Stipulation** The qrading and drainaqe plan shall indicate the number of trees to be preserved. The subject parcel is composed of two, 30 foot lots with two individual Property Identification Numbers (PIN). The City Assessor has requested that the petitioner combine these lots into one PIN, therefore, receiving one tax statement. **Stipulatian** Building Height The petitioner shall siqn a Combination Form, combininq the property into one tas statement prior to building permit issuance. Staff toured the neighborhood to inventory the types and styles of dwellings which include one, two, and spZit story dwellings. Staff reviewed the building plans of two recently-constructed dwellings to determine building heights. 7995 Riverview Terrace is 26 feet in height from finished grade to the roof peak. 7919 Broad Avenue, a split level, is 24.5 feet in height. Along Buffalo Street, the property to the east is vacant. Any dwelling constructed on that parcel would be subject to the same 12.26 SP #94-03 Gordon Hedlund Page 5 requirements as the current request. The dwelling on the north side of Buffalo Street is a single story and is nonconforming as it is too close to the street. This dwelling, if it is constructed, will need to meet the same requirements. Staff conferred with the City Attorney regarding the Planning Commission's request to limit the height of the structure. The Attorney's opinion is included in the supplemental information packet. RECOMMENDATION/STIPULATIONS: The petitioner has complied with the requirements of the O-1 district regulations. Staff recommends that the Planning Commission recommend approval of the request, with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation beinq capped, which shall verify that the minimum first floor elevation is 824. 2. The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofing requirements to a minimuat of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwellinq unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the gradinq complies with the plan dated May 23, 1994. 6. Rip-rap shall be placed at the end of the swale adjacent to Bu�falo Street. 7. Erosion control measures shall be installed along the west, south, and east lot lines. 8. The petitioner shall submit retaining wall plans that have been signed by a structural enqineer. 9. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of floodinq. � 2.2�% SP #94-03 Gordon Hedlund Page 6 10. The petitioner shall grant a l0 foot flood control, street, utility, and drainage easement along the west lot line. 11. The gradinq and drainaqe plan shall indicate the nwaber of trees to be preserved. 12. The petitioner shall siqn a Combination Form, combininq the property into one tax statement prior to buildinq permit issuance. Please refer to the supplemental information packet for information regarding the Coon Rapids Dam, sewer backups, building height, and assessors comments. PLANNING COMMISSION ACTION The Planning Commission voted�unanimously to recommend approval of the request to the City Council. The Commission amended stipulation #8 to read as follows: 8. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone.. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. � 2.28 �- s� ' t I o� 1� �o � �e°�_ . • _.��1 �1 �'�� `�— i% � .1��.�G � v\ � � s N S T � �. / ;� o '0 '° S-�REE zS ,, �� s -;s 3 � � � ,, S° � , 7 259o(r 30 3' >� �; o Z¢ Z � �: ' y' 30 � SP �i94-03 Gordon Hedlund ��1 • -.�.o��►�� ►��i�°� r 4 3 � � �;c 3° �� , M io )9 7 � � � z, =° '` , , • 4 3� % y 3� ''9 =�9 �� ) 3 ,'�1 , � � 7 8' ?D 3c ~3 ,, "'7\ s o � 7< >S 4 8 ^9 ' - c6 - ,..,.. ,��5 � i � , g % ��a3o � �� o , 3 �l �, .o „+ � s - .. :s �' � �L =�` � 'a._ �R�l�- . � � �. � � o � � 3 � _, • •3 ' � 8 , ,. 8 °� . 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V o0 1- � JI `� � c d .� 3 : 9 � � -. z . �1 6 �_ - -, - -0 U ---?�� DC -"��> 6�' ' �'%% F2 " �� , � j . �-� i� , � � �� `6� � �� , � �� ,� �� \ 12.3 2 � � � � � , � o= o i � � ,� � � 3 �Ilund ,r r- � �i. � �'. . - ,� ,; _ � � � � �� ,� � SP ��94-03 Gordon Hedlund '�a � � � �� .___; ��' �R � � 0 � ► �- � � ��.l�C -�..`7t.�� " C�`�' � �; �;: �' ��7� S � 1� ��'� ��-�?� � (� � ��.�:t f�:` �: � ( S �- 12.3�� l� � �r,-.� /�,�.L-� S,� �� . PLANNING COMMISSION MEETING MAY 4 1994 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. j i Mr. Saba stated he would definitely insist on an engineer's� opinion on the drainage. Ms. Savage stated she would agree and would recomme tabling a decision until that has been submitted. Mr. Oquist agreed to both the engineering pla and tabling. Mr. Saba stated he would also like to hav some answers on the impact to the sewer system and how the ainage affects what is already in the street. Many good que ions were brought up and they need to be answered. MoTION by Ms. Savage, seconded Mr. Saba, to table consideration of Special Use rmit, SP #94-05, to allow construction in the CRP-2 D�strict (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Rive iew Heights, until submission of a drainage and erosion co rol plan designed, signed,.and stamped, by a registered civil engineer; and until such time staff provide additional informat'on on the storm sewer and sanitary sewer systems. Mr. Oquist as ed, through the special use permit, can the height of properti s be restricted? Ms. Dac stated she would like to confirm this with the city attor ey. U N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR �ECLARED THE MOTION CARRIED IINANIMOIISLY. 4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT,_SP #94-03, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 12 and 13, Block Y, Riverview Heights, generally located on the south side of Buffalo Street east of Riverview Terrace. h1oTION by Mr. Oquist, 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, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE POBLIC HEARI-NG OPEN AT 8:54 P.M. Ms. McPherson stated this request is for the property a.ddressed as 7915 Riverview Terrace N.E. The property is located at the 12.34 PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 16 intersection of Buffalo Street and Riverview Terrace. The property is vacant and has been a lot of record since prior to 1955. It was platted in the late 1800's. For lots of record platted prior to 1955, the zoning code does have an exception to the 9,000 square foot minimum lot area. This exception allows a lot area of 7,500 square feet. The parcel exceeds that minimum having a lot area of 7,982.4 square feet. The subject parcel has a width of 60 feet, which exceeds the minimum lot area for this special exception for a lot width of 50 feet. The request is for a special use permit to allow construction of a dwelling in a flood fringe area. For this lot, the 100-year flood elevation is 822.9 feet above sea level. The minimum first floor elevation would be 823.9 feet. The petitioner is proposing a first floor elevation of 824 feet. A verifying elevation certificate would be required to be submitted by the petitioner. The petitioner is proposing that the garage be lower than the minimum flood elevation or 822 feet. The garage would be required to be flood proofed in accordance with current Federal and State regulations. Ms. McPherson stated there is 15 feet of fill which is required to extend outward from the dwelling unit. In this request, since the lot is a narrow lot, a retaining wall is needed along the south to retain the fill needed to meet the minimum elevation requirement. This is because there is not enough distance to tie the elevations back in a natural pattern. The natural drainage patterns will be changed by the placement of fill on the property. Based on the submitted grading plan, staff has determined that water flows from west to east across the subject parcel and into Buffalo Street, where it flows to a catch basin located at the very east end of Buffalo Street. The water then flows into Springbrook Creek and then to the Mississippi River. It appears there is a low area along the south property line where water would flow naturally in its undeveloped state into the property to the south. Once the fill is placed on the lot, water would then be directed to the north and east lot lines_ Staff is requesting well � defined drainage swales be constructed to direct water off the property and away from other parcels. Staff is especially concerned about the south and east lot lines to prevent water from draining onto the properties to the east and south. Staff is recommending a grading and drainage place be submitted by a registered civil engineer to insure that the slopes are accurate and that the drainage plan will work as it is designed. The petitioner will need to submit an erosion control plan. Staff recommend the retaining wall be designed by a registered structural engineer to insure the retaining wall will work. 12.35 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 17 Ms. McPherson stated staff requires a hold harmless agreement to release the City from any liability as a result of the issuance of the special use permit. For this particular parcel, the Engineering Department is requesting that a 10-foot flood control, street, utility and drainage easement be granted to the City along the westerly property line. In Z969, the City condemned a similar easement of 7 feet adjacent to the property line for the construction of Riverview Terrace. The Engineering Department has been working with the Minnesota State Aid program to define Riverview Terrace as a neighborhood collector and to reconstruct Riverview Terrace in order to meet Minnesota State Aid guidelines and to improve the road. The road would be widened and the height of the road increased to provide additional.flood control measures for the neighborhood. The easement is requested to provide additional right-of-way for the road reconstruction. The right-of-way can be obtained through a dedication or through the granting of an easement. Ms, McPherson stated there are also miscellaneous•requests. There are a number of trees on the property, and staff are requesting the grading and drainage plan indicate those trees which are to be preserved. The parcel is composed of two lots which have two PIN's and, therefore, two tax statements. The Assessor has requested the petitioner combine these lots into one PIN which would mean the property owner would receive one tax statement. Ms.�McPherson stated staff.recommends the Planning Commission . conduct the public hearing to receive testimony from the adjacent property owners and.the neighborhood, but table the request until stamped and signed drawings for the drainage from a civil engineer have been submitted. If the Commission chooses to recommend approval, staff recommends the following stipulations: l. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824. 2. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The petitioner shall submit retaining wall plans that have been signed by a structural engineer. 12.36 PL�NNING COMMISSION MEETING, MAY 4 1994 PAGE lII �. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 6. The petitioner shall grant a 10-foot flood control, street, utility, and drainage easement along the west lot line. 7. A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines. The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 8. The grading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, cambining the property into one tax statement prior to building permit issuance. Mr. Kondrick asked for a comparison of the elevation of the property and the proposed structure to the:other properties. Ms. McPherson stated the average elevation of the subject property from east to west along Riverview Terrace is 819 feet. Ir. the middle of the property, the elevation is approximately 818 feet. Along the east, the elevation is 819 feet. The first floor elevation is pro�osed to be at 824 feet so there is approximately a 5-foot difference from the dwelling unit to the elevation to the south. At the corner of Buffalo and Riverview Terrace, the elevation appears to be 822 feet. The elevations are lower going east to 818.3 at the east corner.of Buffalo. The garage level is proposed to be at 822 feet which is about 4 feet above street level. Mr. Kondrick asked if the proposed structure is 24 feet x 40 feet. Ms. McPherson stated this is the proposed pad which meets the setback requirements_ Mr. Saba asked if there were the same concerns here about the storm sewer and sanitary sewers_ Ms, McPherson stated, according to the Engineering Department, there is no storm sewer under Buffalo Street. All run off in on surface on Buffalo Street. The first catch basin is at the end of Buffalo. As far as staff can tell, the water then enters Springbrook Creek and then to the Mississippi River. 12.37 PLANNING COMMTSSION MEETING MAY 4 1994 PAGE 19 Mr. Hedlund stated, with the exception of the retaining wall, the drainage and erosion could be handled by a surveyor.. Ms. Brady stated Buffalo Street, coming from Riverview Terrace, has quite a slope to it, and residents are getting water from Riverview Terrace. When it rains heavily, it starts pooling in front of her house near the garage. The garage is very close to the street. If there is water coming off the southeast corner, she feels her property would be flooded. She lives across the street from the vacant property. The street is narrow, and she will have trouble getting in and out of her garage if someone parks on the street. She does not think Buffalo can handle any more water and the water has to go to the other end of the street to go down the drain. Riverview Terrace is higher than this lot. If Riverview Terrace is to be improved, will.this make the lot smaller? Ms. McPherson stated the City is requesting an easement be granted which would be used for side slopes for the road. The road would not be expanded into the lot. If the road is to be expanded, it would be expanded toward the river side. The proposal is to increase the height of the road, perhaps by two. feet, in order to use it as a flood control structure. The easement being requested is to tie the side slopes of the road back into the adjacent property. Ms. Brady asked if there would be more water going.back onto the property from the Riverview Terrace road improvement project. Ms. Dacy stated they did not have detailed construction plans of the street as of yet. They do know there will be concrete curb and gutter so some of the run off will not be directed onto this property. There will still be the slope however into Buffalo Street. Ms. Brady stated there is the sewer problem. This is a low area. Every time the city sewer backs up, it backs up into their homes. She feels this will add to the problem. She.asked what side would be considered the front of the h.ouse. Ms. McPherson stated the code defines the front as the shortest of the two street frontages on a corner lot so the front is defined as Riverview Terrace. Ms. Brady stated her house is fairly close to the street. This house is close to the street and this is a narrow street. If a large house is built on this lot, she did not think this would be appropriate for the location. She would preFer no one build on the property, but if they do, she would prefer a low profile house. 12.38 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 20 Ms. Brady asked how the square footage was figured. She was told the lot was 60 feet x 146 feet, but from the shape this does not appear to be accurate. Ms. McPherson stated the area was calculated by the surveyor. The lot is a trapezoid so there is a mathematical formula for calculating the area. Ms. Brady stated she believed there was a question about the survey and asked, when the property was surveyed, did they take into consideration that the street has moved since putting in the dike. Ms. McPherson stated that this has been taken into consideration. Ms. Brady stated she is concerned about getting in and out of• her garage. She is concerned about the water coming off this property. It will also affect other properties as well. She asked if the proposed garage is a two-car garage and the type of home to be built. Ms. McPherson stated yes, the code requires a minimum two-car garage. Mr. Hedlund stated the house would be a split entry design. Ms. Brady stated she has the same concerns with this property as with the previous property. Mr. Kondrick stated there is concern about the water run off and how this will be managed as it relates to the property.to the adjoining praperties. As the water leaves the subject property, then what obligation have do we have? Ms. �acy stated the City tries to, with any street improvement or any drainage improvement, control drainage with the public right- of-way. Ii is typically held by state law and local code that every lot should handle its own water and should not adversely affect other properties. Staff is trying to make sure that the run off from the abutting properties drains down to the street and to the catch basin. What staff is hearing from the testimony is that the water does pond from time to time and Ms. Brady's concern is that the elevations in the right-of-way are such that the water ends up in her front yard_ Staff will need to evaluate that. Mr. oquist stated this is proposed and the plan could change. The City do�s not know exactly where the driveway will be at this point. This must be monitored. 12.39 PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 21 Ms. Brady stated the retaining wall appears to run the length of the property on the south side. What happens to the water run off in that area? Ms. McPherson stated the retaining wall does not go all the way to the end of the lot. The surveyor has acknowledged that water from the adjacent property would need to flow across this particular parcel to leave the area due to the current grades. The surveyor is tieing back into the natural contours by not extending the retaining wall all the way to the lot line. Ms. Brady stated, to her knowledge, the water travels south. If the ground is built up more, there will be more water coming down there. Ms. McPherson sta.ted this is where the drainage swale would need to handle the water. The natural slope of the lot provides some natural drainage. Ms..Brady stated she would prefer to have.an engineer involved rather than a surveyor. The water run off is a problem in that area, and the sewer system is a big problem in that area also. Mr. M. E. Thompson stated he thinks this makes no sense. Neighboring properties have water on their property much of the year. He thinks this will make the problem worse. Mr. Tim Lott stated his concerns are the drainage swales on the east side. In looking at the flow, there are trees along that border and there is a stipulation about the preservation of trees. There are trees along the border and trees where the house is planned also. When looking at the terrain of the area, he sees a house there, additional run off and the trees gone. The house elevation is at least four feet higher than the street. The proposed driveway is on a narrow street. He cannot see a reason for having a house there, let along trying to place it on a lot that is very small. Sewer back up is already a problem and he sees more potential problems with the raising of the road. The problem he has is that the City is looking at putting in houses that are dramatically higher. He sees an impact to the people living there. It looks like a bad situation for the size of the house and the effect on the people who live around it. Mr. Peterson stated this is the entrance to the area. This is d beautifully wooded area and the builder faces a dilemma. This area could be a beautifully done development. He is sure the builder is using his skills and talents to cope with the situation. Every day he passes the property. It�is a charming area and a very rural looking area. The present use of the property provides a park-iike atmosphere. The City has a choice. The present use can continue or something can be built there that will add character and value to the neighborhood. 12.40 PLANNING COMMISSION_MEETING, MAY 4, 1994 PAGE 22 This is an area where the HRA could get involved to develop that peninsula and increase the value of each of the homes by putting four to six homes in that area, and by doing so comprehensively would eliminate the problems generated by piece meal growth. Ms. Brady felt the builder was fighting too many natural elements with this lot. MOTION by Mr. Saba, seconded by Ms. Savage, to.close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND T$E PIIBLIC HEARING CLOSED AT 9:32 P. M. Mr. Saba stated, once again, there is a critical question about the drainage that must be answered. The sanitary sewer question is another question.that must also be addressed regardless of what happens to this property or any other property. He felt a nice home could be built on the property, but the drainage question must be answered. Mr. Oquist agreed. The drainage needs to be addressed. This lot may.have more of a problem with the drainage with the proposed driveway and its slope which could put a lot of water into the street. Mr. Kondrick stated, if the water concerns can be addressed, he would agree. Mr. oquist stated another point was made regarding comprehensive planning in the area and making sure the homes built are consistent with the rest of the homes. MOTION by Mr. Oquist, seconded by Mr. Saba, to table consideration of Special Use Permit, SP #94-03, to allow construction in the CRP-2 District (Flood Fringe) on Lots 12 and 13, Block Y, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTZON CARRIED UNANIMOUSLY. 5. PUBLIC HEARING: CONSIDERATION OF A SPECIAL.-USE�PERMIT SP �94-04, BY GORDON HEDLUND: ��%" Per Section 205.24.4.D and 205 -4�5_A of the Fridley City Code, to allow construct' in the CRP-2 District (Flood Fringe) on Lots 2��3 , and 31, B1ock.X, Riverview Heights, i' ' , i 12.41 � [� Community Development Department C 1 PLANIVING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-04, by Gordon Hedlund; 600 Cheryl Street N.E. The Planning Commission conducted a public hearing at its May 4 and June l, 1994 meetings regarding the special use permit request to allow construction of a dwelling in the flood fringe district. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9. 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall indicated on the plan shall be constructed of concrete or stone. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7. The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. Gordon Hedlund SP #94-04 Page 2 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 9. The grading and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. The dwelling shall be constructed in the location proposed on the grading plan. The City Council should note that a similar example regarding the height of the dwelling is 600 Ely Street N.E., two blocks north of the subject parcel. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-319 12.43 STAFF REPORT Community Development Department Appeals Coitimission Date Planning Commission Date : May 4, 1994 ; June 1, 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: SP #94-04 PETITIONER• Gordon Hedlund LOCATION• 600 Cheryl Street N.E. REOUEST• The petitioner requests that a special use permit be issued to allow.construction of a single family dwelling unit in the Flood Fringe district. The request is for a vacant parcel located in the southwest corner of the intersection of Cheryl Street and. Broad Avenue. ANALYSIS• Zoning Requirements The property is zoned R-1, Single Family Dwelling. There are additional residential uses surrounding the subject parcel. The parcel is vacant, and the petitioner.proposes to prepare the parcel for sale (the petitioner does not have a purchaser for the property, and does not have proposed house plans). The subject parcel has a lot area of 9,337.25 square feet which exceeds the minimum 9,000 square foot requirement. The subject parcel has a width of 85 feet, which exceeds the minimum lot width requirement of 75 feet. The surveyor has identified the proper setback requirements for the R-1, Single Family Dwelling district on the site survey, and has located a possible house pad on the property which meets those setback requirements. Flood Fringe Requirements Section 205.24.05.A of the O-1 district regulations require that the first floor elevation of all habitable living space is a minimum of one foot above the 100 year flood elevation. The 100 year flood elevation for the subject parcel is 822.9. The minimum first floor elevation, therefore, is 823.9 for all SP #94-04 Gordon Hedlund Page 2 habitable spaces. The petitioner has proposed a first floor elevation of 823.9. The O-1 regulations also require that an elevation certificate be submitted. **Stipulation** The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation beinq capped, which shall verify that the minimum first floor elevation is 823.9. The O-1 district regulations permit accessory uses below the 100 year flood elevation if those accessory uses are flood-proofed in accordance with current federal and state flood-proofing regulations and the following standards: a) Not for human habitation; b) Have low flood damage potential; and c) Structures are firmly anchored. The garage is proposed to be at an elevation of 821.9. This is permitted if the garage is flood- proofed to the 100 year flood elevation of 823.9. **Stipulation** The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofing requirements to a minimwn of the 100 year flood elevation. The O-1 district regulations also require that the fill needed to increase the elevation of the first floor extend a minimum of 15 feet from the proposed dwelling unit. Seven feet of fill will be needed in order to meet the elevation requirement. The first floor will be six feet above the street grade. The petitioner is proposing to comply with the fill requirement; however, as a result of placing fill on the subject parcel, the natural drainage patterns of the parcel will be changed. Some of the water currently "sheet" flows from south to north across the subject parcel into Cheryl Street where it flows to a catch basin located at the northwest corner of the parcel. Once it enters the catch basin, the water then flows east and south to Springbrook Creek. A portion of the water appears to remain on the property in the southwest and southeast corners of the parcel. Water from the property to the west also flows toward and into the subject parcel. As a result of the fill being placed on the subject parcel, water will be instead directed toward the west and south lot lines. In order to direct storm water flow so that it leaves the subject parcel, well-defined drainage swales will need to be constructed along the west and south lot lines. A small retaining wall is proposed to be constructed along the south lot line to increase the elevation, however, there does not appear to be adequate 12.45 SP #94-04 Gordon Hedlund Page 3 slope along the west lot line to direct runoff toward Cheryl Street. The petitioner submitted a grading plan reviewed by a civil engineer. The plan indicates a pipe along the west lot line to drain the property from south to north. A catch basin will need to be installed in the southwest corner and the pipe will connect to the manhole located in Cheryl Street. The remaining stormwater will drain into the street. The builder will be required to grade the property to comply with the plan dated May 23, 1994. The verifying survey should confirm that the grading conforms to the plan. The property owner will be required to maintain the pipe. Erosion control measures should be installed as indicated on the. engineering plan. **Stipulation** The fill placed on the property shall extend a minimum of 15 feet from the proposed dwellinq unit. **StipnZation** The builder shall qrade the property to conform with the engineerinq plan dated May 23, 1994. **Stipulation�* **Stipulation** **Stipulation** The verifying survey shall Confirm that the qrading complies with the plan dated May 23, 1994. Erosion control measures shall be installed alonq the west, south, and east lot lines. The hold harmless aqreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. Hold Harmless Agreement The City has in the past required petitioners of similar requests to execute and record hold harmless agreements against the property. This releases the City from liability if damage occurs due to flooding. **stipulation** The petitioner shall execute and record aqainst the property a hold harmless agreement releasing the City from liability if damage occurs as a result of floodinq. Miscellaneous Requirements There.are a number of mature trees located along the south lot 12.46 SP #94-04 Gordon Hedlund Page 4 line. These trees are an asset to the subject parcel, and an attempt should be made by the petitioner to preserve as many trees as is practical. **Stipulation** The gradinq and drainaqe plan shall indicate the number of trees to be preserved. The subject parcel is composed of three, 25 foot lots with three individual Property Identification Numbers (PIN). The City Assessor has requested that the petitioner combine these lots into one PIN, therefore, receiving one tax statement. **Stipulation** The petitioner shall siqn a Combination Fornt, combining the property into one tax statement prior to building permit issuance. Building Height Staff toured the neighborhood to inventory the types and styles of dwellings which include one, two, and split story dwellings. Adjacent dwellings include a split level at 7919 Broad Avenue and a two-story at 7995 Broad Avenue; both to the east of the subject parcel across Broad Avenue. The dwelling at 615 Cheryl Street is also a split level. The dwelling at 614 Cheryl Street will receive the greatest impact due to the new structure. The foundation of the new structure will be located at "eye" level despite the dwelling style and height. To minimize the impact, the dwelling should be constructed in the location proposed on the site plan as it is in the center of the property. Staff conferred with the City Attorney regarding the Planning Commission's request to limit the height of the structure. The Attorney's opinion is included in the supplemental information packet. **Stipulation** The dwelling shall be constructed in the location proposed on the gradinq plan. RECOMMENDATION/STIPULATIONS: The petitioner has complied with the requirements of the O-1 district regulations. Staff recommends that the Planning Commission recommend approval of the request, with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9. 12.47 SP #94-04 Gordon Hedlund Page 5 2. The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofinq requirements to a minimum of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimwn of 15 feet from the proposed dwellinq unit. 4. The builder shall qrade the property to confornt with the engineerinq plan dated May 23, 1994. 5. The verifyinq survey shall confirm that the qradinq complies with the plan dated May 23, 1994. 6. Erosion control measures shall be installed alonq the west, south, and east lot lines. 7. The hold harmless aqreement shall be amended to require the property owner to maintain the stormwater catah basin and pipe. 8. The petitioner shall execute and record aqainst the property a hold harmless aqreement releasinq the City from liability if damaqe occurs as a result of floodinq. 9. The qradinq and drainage plan shall indicate the nuraber of trees to be preserved. 10. The petitioner shall sign a Combination Form, combininq the property into one tax statement prior to buildinq permit issuance. 11. The dwellinq shall be constructed in the location proposed on the grading plan. Please refer to the supplemental information packet for information regarding the Coon Rapids Dam, sewer backups, building height, and assessors comments. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission amended stipulation #5 to read as follows: 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall indicated on the plan shall be constructed of concrete or stone. 12.48 SP #94-04 Gordon Hedlund Page 6 CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 12.49 �- s� � I�e�� 1 0 �oo� s _.s��t <; ,� �� -r1 sa - _ s0 ,, :o` 2-`,`'sc �, � � :� 3 �� za \� � 9 � SP ;;�94-04 Gordon Hedlund ��i . '�.a�� o�, ► �� v —��A�� ;� .t ° � ) a g� �" _ - � i _ � N � p 29 3 1_ 4 3 ��-. 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R-�vCRV \� w 12.52 SP �i94-04 Gordon Hedlund �< P y � � '° ,� � ��. <��ti`' ��r 1�i 1� � �� . 7 � ( � � I� � . � ►� / N� T SITE PLAN 1, � ��IN• �ow�:tiT F�ODR? 8Z'�.� �uvC�C�� SPqc.u> � � ,�.� r� � . � --� Z� :.pK.orc��v w�+�uv� 8 � . � �20 . o� z ��os�-o �T �cv. x .----�j � D2A\ �( ACa l� SP ��94-04 � _,7 � `� * � � Gordon Hedlund 9EEHIVt � (iRATE ��?` R.E. 816.1 I.E. �813.T8 D =2.3� '� i� i� '� � �.�..� � !�� i� ;� � ,� � ` r�vl v -.� --- �� q 1 �U„�x � i / \�' �, t �'jl�lu'/ 8�1 �,�q� acr��•, L�L�A� o� p�.,oM .Engineer Plan �� ,�.-�-, tq.�o i�,\ ��Cx_k x R_��r-Rv��w PLANIIII�IG COMMISSION MEETING MAY 4 2994 PAGE 22 This is an area where the HRA could get involved to develop that, peninsula and increase the value of each oi the homes by puttin,g four to six homes in that area, and by doing so comprehensively would eliminate the problems generated by piece meal growth.,' � Ms. Brady felt the builder was fighting too many natural�relements with this lot. �' �; MOTION by Mr. Saba, seconded by Ms. Savage, to close�he public hearing. �1 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPE ON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HE ING CLOSED AT 9:32 P.M. /'� � � Mr. Saba stated, once again, there is a cnitical question about the drainage that must be answered. Th sanitary sewer question is another question that must also be ddressed regardless of what happens to this property or any ther property. He felt a nice home could be built on the pro erty, but the drainage question must be answered. Mr. Oquist agreed. The draina needs to be addressed. This lot may have more of a problem wi the drainage with the proposed driveway and its slope whic could put a lot of wa�er into the street. Mr. Kondrick stated, if he water concerns can be addressed, he would agree. � Mr. Oquist stated a other point was made regarding comprehensive planning in the a a and making sure the homes built are consistent with e rest of the homes. MOTION by Mr. quist, seconded by Mr. Saba, to table consideratio of Special Use Permit, SP #94-03, to allow constructi in the CRP-2 District (Flood Fringe) on Lots 12 and 13, Block , Riverview Heights, until submission of a drainage and eros'on control plan designed, signed, and stamped by a regist ed civil engineer; and until such time staff provide addit'onal information on the storm sewer and sanitary sewer syst ms. U N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR CLARED THE MOTION CARRIED UNANIMOUSLY. 5. PUBLIC HEARING- CONSIDERATION OF A SPECIAL USE PERMIT,_SP #94-04, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, 12.54 PL1�N�ING COMMISSION MEETSNG MAY 4 1994 PAGE 23 generally located on the south side of Cheryl Street west of Broad Avenue. MOTION by Ms. Savage, 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, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:35 P.M. Ms. McPherson stated this property is a vacant lot located at the intersection of Cheryl Street and Broad Avenue. It meets the minimum lot area and lot width requirements and also the setback requirements. The current drainage is such that the drainage flows from south to north towards Cheryl Street where most of the run off is caught by the catch basin located at the northwest corner of the parcel. Once it enters the catch basin, it enters a pipe which flows to Springbrook Creek. It appears that a portion of the water remains on the parcel in both the southwest and southeast corners. Water from the parcel to the west also flows onto the subject parcel. Water from the development would be instead directed to the west and south lot lines. In order to continue the natural drainage pattern the water needs to again go north. Staff is requesting that well defined drainage swales be located along the west and south property lines. The petitioner is proposing a small retaining wall along the south property line; however, there does not appear.to be adequate slope to direct the water out of the southwest corner and towards the northwest corner of the property. It is possible that a pipe of some sort may be needed and that the swale may not adequately address the drainage in this situation. Again, a registered civil engineer would be able to determine if the swale would be adequate. Staff are requesting that a drainage plan be submitted by a registered civil engineer and an erosion control plan be provided. Again, the remaining issues are similar. The hold harmless agreement is required, saving as many of the mature trees as possible, and combining the properties into one PIN. Ms. McPherson stated staff is requesting the Planning Commission conduct the public hearing but table any action on the request until receipt of the necessary information. Mr. Oquist asked to clarify that the pipe was underground and that there would need to be a storm sewer connection at the south corner _ Ms. McPherson stated this was correct. 12.55 PLANNING COMMISSION MEETING, MAy 4 1994 PAGE 24 Mr. Hedlund stated he thought the drainage was adequate. The surveyor knows what,he is doing when he states this will work without the pipe. Mr. Clark Nas�on asked staff to clarify the elevations. If the home is built as he thinks, the foundation will be two feet above his current aeiling height. Ms. McPherson stated the elevation on Cheryl Street at the driveway is 8:17 feet. The top block of the foundation is to be at 823.9 whiclh would be a difference of almost seven feet. It looks like th�� ground level at the �ouse next door is at 818 at the north cor�ner and 817 feet at the south corner of the garage. Mr. Nason sta�ed he sees no reason for this and to make others suffer. The :Laws were changed in .1976. He has lived there since 1966. Things change and nothing is done. The sewer system is terrible. He has had numerous times that the sewer has backed up into his basement, he has lost a lot of money, and the City has done nothing about it. He is opposed to adding homes until something is done about the sewer system. When the pumping station goes c�ut, it's an act of God. When his basement is flooded, it's an act of God but it comes through the City sewer system. Mr. Nason stai_ed the run off is now coming downhill towards his home where it used to go to the river. The streets were gravel, but are now b7Lacktop. They built everything up because of the manmade dike. With the additional building, where will all the water go? He is not tearing anyone down for building, but he does not want to look out his kitchen window at ground and someone build�Lng seven feet above him. Ms. Brady stat;ed she has the same concerns�with th�s request as - with the prevnous two requests - sewer problems, water run off, etc. She is not anti-building either in appropriate places and at appropriatE� times. Here you have a much bigger lot and the size of the house would be more appropriate. The height is a problem. She did not know if there was a plan for the neighborhood. The neighbors need to be asked what we want for our neighborhood. More should be put into helping the people fi� up their home�; and make the homes worth more. This is not helping. The direction should be put into helping the people that are already living there rather than compounding the problem. Mr. Peterson �stated he is concerned about aesthetics. If the buildings are two story and a high elevation, it is not right. This should be limited to a one-story house with a low roof to have less impa�ct on the other property owners_ Because of changes in the laws, it ruins it for the rest of the people. 12.56 PLANNI�G COMMISSION MEETING MAY 4 1994 PAGE 25 Saying you cannot regulate the he.ight is not good enaugh. This impacts the neighbors who will have to look at this every day. Mr. M. E. Thompson referred to preserving the trees. If the lot is filled with four feet of dirt, all the trees will die. Ms. Brady asked how many vacant lots were in that area. Ms. McPherson stated the City has an inventory but she could not say how many parcels were in that area. Ms. Diane Lott wondered if the City could come up with a plan for these properties that would be good for the whole neighborhood. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:50 P.M. Mr. Saba stated about two years ago the City was not as concerned about what was defined as a flood fringe area because there were no floods. Because of some of the concerns expressed tonight, perhaps the City should be concerned about the flood fringe area. The most the City can do is protect what is there.. The vacant lots will be developed and there will probably be homes built on those lots. Concerns about drainage are very valid concerns that should be addressed before recommending approval or disapproval of the requests. The sanitary sewer problems must be addressed whether properties are.developed or not. Mr. Saba stated he would like to see the trees stay as they are but, if someone wants to develop the property, the City must stay in the confines of the federal, state and local regulations in terms of buiiding in a fiood fringe area. The elevation is up to the builder and the person who buys the land. If a builder builds a house that stands out, this will limit the market. On all these pxoperties, there must be a good definition of the drainage and he recommends this be done by a certified engineer. He caould recommend to table consideration. Mr. Oquist agreed. Along with the drainage and sewer, is there a Comprehensive Plan for the area and is the Commission being consistent with that in the kind of housing that is being built there. Ms. Savage stated this is certainly something that can be discussed but the Commission does not have that information. The concerns expressed will be on record and the neighbors will have further opportunity to express their concerns to the City Council. 12.57 PLANNING COMMIfiSION MEETING MAY 4, 1994 _ PAGE 26 MOTION by Mr. Oquist, seconded by Ms. Savage, to tabZe consideration of Special Use Permit, SP #94-04, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30 and 31, Block :{, Riverview Heights, until submission of a drainage and e�rosion control plan designed, signed, and stamped by a registereci civil engineer; and until such time staff provide additional infnrmation on the storm sewer and sanitary sewer systems. UPON A VOICE VIJTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE M�JTION CARRIED UNANIMOUSLY. Ms. McPherson �stated staff will work with the petitioner to gather the req�uested information regarding the drainage plans, the sewer back-ups, the street elevations, etc. Once that information is put together, a meeting date will be set, and.the City will re-notify all persons who received notices the first time. Notices will be sent approximately l0 days prior to the meeting. Mr. Oquist stated, until there is a true site plan, it is going to be difficult to truly identify the drainage. 6. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF APRIL 7, 1994 MOTION by Mr. Saba,.seconded by Ms..Savage, to receive the April 7, 1994, Housing & Redevelopment Authority minutes s written. UPON A VOICE V'OTE, ALL VOTING AYE, VICE-CHAIRPER N RONDRICR DECLARED THE I�J[OTION CARRIED IINANIMOIISLY. ADJOURNMENT- MOTION by Mr. Saba, seconded by Mr. quist, to adjourn the meeting. UPON A VOICE Z/OTE, ALL VOTIN AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRI AND TiIE MAY 4, 1994, PLANNING COMMISSION MEFs'TING ADJO ED AT 10:03 P.M. Respectfully :�ubmi ed, Lavonn ooper Reco ding Sec.retary 12.58 r � � J Community Development Department PLANIVING DIVISION City of Fridley DATE: June 10, 1994 j� �i t • TO: William Burns, City Manager n�'� iti� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-05, by Gordon Hedlund; 665 Dover Street N.E. The Planning Commission conducted a public hearing regarding the special use permit request to allow construction of a dwelling in the flood fringe district"at its May 4 and June l, 1994 meetings. The Commission voted unanimously to recommend approval of the request with the following stipulations: 1. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1. 2. 3. 4. 5. 6. 7. 8. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. Erosion control measures shall be installed along the west, south, and east lot lines. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. The grading and drainage plan shall indicate the number of trees to be preserved. Gordon Hedlund SP #94-05 Page 2 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to buildi�g permit issuance. Staff recommends that the City Council concur with the.Planning Commission action. MM/dn M-94-320 12.60 � �� S TAFF REP O RT Community Development Department Appeals Commission Date Planning Coinmission Date : May 4, 1994 ; June 1, 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: SP #94-05 PETITIONER• Gordon Hedlund LOCATION• 6b5 Dover Street N.E. REQUEST• The petitioner requests that a allow construction o� a single Fringe district. The request feet east of Riverview Terrace ANALYSI5• Zoning Requirements special use permit be issued to family dwelling unit in the Flood is for a vacant parcel located 160 on the north side of Dover Street. The property is zoned R-1, Single Family Dwelling. There is additional residential uses on all sides of the subject parcel. The petitioner proposes to prepare the parcel for sale (the petitioner does not have a purchaser for the property, and does not have proposed house plans). The subject parcel has a lot area of 10,978 square feet which exceeds the minimum 9,000 square foot requirement. The subject parcel has a width of 99.5 feet, which exceeds the minimum lot width requirement of 75 feet. The surveyor has identified the proper setback requirements for the R-1, Single Family Dwelling district on the site survey, and has located a possible house pad on the property which meets those setback requirements. Flood Fringe Requirements Section 205.24.05.A of the O-1 district regulations require the first floor elevation of all habitable living space is a minimum of one foot above the 100 year flood elevation. The year flood elevation for the subject parcel is 823.1. The minimum first floor elevation, therefore, is 824.1 for all habitable spaces. The petitioner has.proposed a first floor that 100 SP #94-05 Gordon Hedlund Page 2 elevation of 8;24.1. The O-1 regulations also require that an elevation cert:ificate be submitted. . **Stipulation** The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation beinq capped, �hich shall verify that the minimum first floor elevation is 824.1. The O-1 district regulations permit accessory uses below.the 100 year flood ele��ation if those accessory uses are flood-proofed in accordance witlz current federal and state flood-proofing regulations anci the following standards: a) Not for human habitation; b) Have low flood damage potential; and c) Structures are firmly anclZOred. The garage is proposed to be at an elevation of 8:Z2.1. This is permitted if the garage is flood- proofed to the 100 year flood elevation of 823.1. **Stipulation** The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofinq requirements to a minimum of the 100 year flood elevation. The O-1 distric:t regulations also require that the fill needed to increase the e:Levation of the first floor extend a minimum of 15 feet from the proposed dwelling unit. Four feet of fill will be needed to brinq the house to the proper elevation. The dwelling will be 5.6 feE.t above the street level. The petitioner is proposing to cc�mply with the fill requirement; however, as a result of plac:Lng fill on the subject parcel, the natural drainage patte�-ns of the parcel will be changed. Water currentl}� "sheet" flows from north to south across the subject parcel into Dover Street where it flows east t4 a catch basin located ��pproximately mid-point in the street. Once it enters the catc:h basin, the water then flows westerly into the river. As a result of the fill being placed on the subject parcel, water will be insteaci directed toward the north, west, and easterly lot lines. In ordE�r to direct storm water flow so that it leaves the subject parcel,, well-defined drainage swales will need to be constructed along the north, west, and easterly lot lines. These drainage swale:� will need to accommodate water from the proposed single family ciwelling and from the property to the north. The petitioner submitted a grading plan reviewed by a civil engineer. The plan inclucies spot ��evations and slope percents for the swales. A cro��s section of the swale will need to be submitted at the time of building permit issuance. The plan will drain 12.62 SP #94-05 Gordon Hedlund Page 3 water properly. The builder will be required to grade the property according to the plan dated May 23, 1994. The verifying survey shall confirm that the grading meets the plan. Erosion control measures will need to be installed along the west, south, and east lot lines. **Stipulation** The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. **Stipulation** The builder shall grade the property to conform with the enqineerinq plan dated May 23, 1994. **Stipulation** **Stipulation** The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. Erosion control measures shall be installed alonq the west, south, and east lot lines. Hold Harmless Agreement The City has in the past required petitioners of similar requests to execute and record hold harmless agreements against the property. This releases the City from liability if damage occurs due to flooding. **Stipulation** The petitioner shall execute and record aqainst the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. Miscellaneous Requirements There are.a number north, and east lot subject parcel, and to preserve as many **stipulation** of mature trees located along to the west, lines. These trees are an asset to the an attempt should be made by the petitioner trees as practical. The grading and drainage plan shall indicate the number of trees to be preserved. The subject parcel is composed of four, 25 foot lots with three individual Property Identification Numbers (PIN). The City Assessor has requested that the petitioner combine these lots into one PIN, therefore, receiving one tax statement. �2.s3 SP #94-05 Gordon Hedlund Page 4 **Stipulation** Buildinq Height: The petitioner shall siqn a Combination Form, combining the property into one tax statement prior to buildinq permit issuance. Staff toured the neighborhood to inventory the types and styles of dwellings wYiich include one, two, and split story dwellings. Adjacent to thE: subject parcel at 641 Dover Street is a two story dwelling. 670 Dover Street is a one-and-a-half story dwelling. A new dwelling at 7995 Riverview Terrace is 26 feet high and is Iocated southw�st of the subject parcel. The dwelling located at 680 Ely Street to the north of the subject parcel is approximately 20 feet in height and is two stories. Staff conferreci with the City Commission's r�quest to limit Attorney's opinion is included packet. RECOMMENDATION,/STIPULATIONS: Attorney regarding the Planning the height of the structure. The in the supplemental information The petitioner has complied with the requirements of the O-1 district regulations. Staff recommends that the Planning Commissio.n rec��mmend approval of the request, with the following stipulations: i. The petit:ioner shall submit an elevation certificate as part of a verifyinq survey prior to the foundation beinq capped, which sha:ll verify that the minimum first flocr elevation is 824.1. 2. 3. 4. 5. 6. The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofinq requirements to a mini�num of the 100 year flood elevation. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwellinq unit. The builder shall grade the property to conform with the engineering plan dated May 23, 1994. � The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. Erosion control measures shall be installed alonq the west, south, and east lot lines. 12.64 SP #94-05 Gordon Hedlund Page 5 7. The petitioner shall execute and record aqainst the property a hold harmless agreement releasing the City from liability if damage occurs as a result of floodinq. 8. The qrading and drainage plan shall indicate the number of trees to be preserved. 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to buildinq permit issuance. Please refer to the supplemental information packet for information regarding the Coon Rapids Dam, sewer backups, building height, and assessors comments. PLANNING COMMISSION ACTION � The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 12.65 G� N T I� s � i �. - � ,� ,o -n s� - `- �,1 r�� . � �2.ss SP ;; 94-0� Gordon Hedlund 1 r�! a�' � �� :#�: � i a' '-.`' ?' z�' � �� z • ,�. .a . I.00ATlON MA I� � ' ��, ', � � CITY ; IrHOMPSOrv' � R/VERV/EW i NE/GHTS O � � -ra � P ` � � ��,�iA �s,� i - SP ��94-OS Gordon Hedlund J ' � - ✓ . � �..' — r� . ``� ` >� , j ``:. � � � � �� . C�� .� , . t„r � . �_ w � � �; " � � `.;3 ��f r � ? �yy ;j' '�, � � ` T. ?> �� {,�� T j , , j� �y .;�J � ;�,, �y ., '`�`'3 �' � ,� ��'�� \ + � � � �\ Y ,� � , �"'' � � �--� ` =' -� �� i M� � } ...r � ' � � . -, !`.. � !�� ', �"'� , � � J ♦ � 1"L8 �� i� 6 s� i p �i,Z '�. � � , ` '• • i � ' SPRI � 8ea;� h, � ` / � BPt 0� � . �. r, f� R � a. � a a s��, `, � /1'- j`�'" l� � e : 's �' �� . � T+ t+ t 4 f, �"� t• .PANCO s;+.� +�+ 3 s z f 4,� �r� n R1i�''' ( I ♦ 4 � i '� . 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WrLPa bl�i--- --��0 �R> �8tft5� �`��' �- qg.��C�� T` � C� �l �.�Z �TR��'T'' �i r_ �__ n. 4 1� � �-, i t i .?� � �.� .. � 12•68 � �` I -� � C'{�� R � SITE PLAN � �� ;��. i nEREBY fERTIfY T}U�T TMIS SURYEY..PLAJI OR REPORT ■wS PIiEPAREO BT 4Y GA �ER YY DIRECT SuRVENVISION �g ��,y � ;u�TERE01y;ER SoT�r+p SVNVETOR VfwEH � M I NNESO A f�EG i STRAT I ON NO .ZOZ�o T� ''�/ nui� � � � .,..�, . � , .. . , .. , _ . ..,,.. .__..- ... �ULU�bIAJIfE �is i�i. ns��ti��94-05 BEARiNGS ARE ON AN io�:� Itlo-4)o9 F�x �a�2i ��o�an Hedlu�i��ED 0ATU11 PRo�o�r,7 ��o, � c�,-��,�.� ��-� �►�y. _ �u��.o�� 5��g(>c.K C,'1 ��1 f�(.C_-7 CK� Rc� �o ot�z A�� : �r�� t'�CAS��:D •` g•=,N�HMAZK'• ToP NvT Nyp�I�htT AT . ��-�>Q �- �oYCR Av�., --� �l�l--� =GI��ST1t�tt''t LOK7JJVZ ��cv_" a2�-1.��1 (Ht,.�.�.-wa�� zv -Q�oPos�:��.o.r•�1�v� 10o ti � A� F �.000 ; 0 Z3 .\ —� - D�� P•( Q�j(: r��►s • �owi:�'� F�.00e =`b2.�t•1 � �- PR.oPoSED sPVT �LtvE�-t SP�`-�� E1rGV14'Tf01� x / �1� t ��/ i / � � ��°• r l ,� f.,�. w � "ZNQ 7�B � •- � � �a�-u.� � �`.` � � 1 � V' � i � � � � I � , y1�,�� T �� q.� � � ( �� / $ti� � 0 � �� 819.7 • � �"Bj9 Sl� `\' � �' �Y Fo.� rro ' .. ��%a3� ��,� _ 100 (k� _ -- c� c� . � C�.� _ _ � d7U.'/ a,T. �J(L�, D�`� -� _ x i�%y�. 1 �� ENl.� � qq.��CM�--- . Engineer e°1' ;;a ��a� � l�L � � f�(7J N D �� o �z �J z L �� od JV _ � �ti� �y� _ � � 819.7 1 /�a�q�, � ._.._. .�. $1`� �8 f e�y-� r. c. Plan .� � D o �/ � � ,2. � ��,� , � � � = � �°��w PLANNING COMMISSION MEETING MAY 4. 1994 PAGE 7 1. Daily sales of mini doughnuts shall begin on May 1 and end on October 1 of eaeh year. 2. The petitioner shall submit documentation to the Fire Marshall regarding the fire extinguishing system,.��or the deep fat fryer. j� 3. The petitioner shall obtain a license as equired in Chapter 32 of the City Code and comply with th seven standards of the proposed ordinance amendment. 4. This special use permit is for t daily sales of mini- doughnuts only; additional sal shall obtain the appropriate licenses or special use pe ' s as governed by the proposed ordinance amendment. Ext sions to the sale period shall be approved by the City Co cil. UPON A VOICE VOTE, ALL TING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION IED IINANIMOIISLY. Mr. Turner state the first stipulation states the dates of operation fro ay 1 to October l. Is it possible for him to start worki anytime soon? Ms. Dac stated the petitioner is asking to start the operation prior o City Council,approval which will not be until June 20. Sh suggested he write a letter which she will pass on to the ty Council. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �94-05, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights; generally located on the north side of Dover Street west oF Broad Avenue. MOTION by Mr. Oquist, 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, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the Planning Commission has before them requests for three separate:lots in the Riverview neighborhood: As each lot is unique and the issues different for each parcel, the requests will be presented individually. Ms. McPherson stated the iirst request for Special #94-05, is for 665 Dover Street. This property is approximately 160 feet east of.Riverview Terrace on 12.70 Use Permit, SP located the north PLANNING COMMISSION MEETING MAY 4, 1994 PAGE 8 side of Dover. The proper�y is zoned R-1, Single Family, and is vacant. The property meets the minimum lot area requirement of 9,000 square feet as it has a lot area of 10,978 square feet. The code requires a minimum lot width of 75 feet. The subject parcel has a lot width of 99.5 feet. The petitioner does not have a buyer for this lot; however, the surveyor working with the petitioner indicated the proper setback requirements for the lot on the site survey and has identified a house pad which meets the setback requirements. There is a 30 foot by 40 foot dwelling unit proposed for this lot which meets the s�tback requirements. Ms. McP�erson stated the special use permit request is to allow construction of a dwelling unit in the flood fringe area. A portion of the Riverview Heights neighborhood is in the flood fringe area and is regulated by local ordinance and Federal regulations to.require construction to meet certain flood avoidance regulations. The regulations require the first floor elevation of habitable living space be one foot above the 100- year flood level., On this parcel, that elevation is 823.1 feet above sea level. The petitioner is proposing a first floor elevation of 824.1 feet. In order to insure that the construction meets the minimum flood elevation requirements, the ordinance requires the petitioner to submit an elevation certificate submitted by a registered surveyor verifying that the first floor elevation is at the proper elevation. This needs to be done prior to the foundation being capped and construction continuing on the dwelling unit. Ms. McPherson stated the petitionez has proposed a garage elevation of 822.1 feet. The garage is considered an accessory use, and accessory uses are permitted below the 100-year flood elevation if they meet certain standards: 1) They are not for human habitation; 2) They have low flood damage potential; and 3) Structures are firmly anchored. The ordinance also requires that the portion of the accessory structure that is below the 100-year flood level needs to.be flood proofed in accordance with current Federal and State regulations. Ms, McPherson stated the ordinance also requires the fill needed to bring the first floor elevation up to the required minimum extend a minimum of 15 feet around the dwelling unit. The petitioner has proposed the required 15 feet of fill. As a result of the fill to be placed on the lot, the drainage patterns on the subject parcei will change. Currently, water flows from the rear to the front of the parcel, east along the curb line of Dover Street to a catch basin, and then through a pipe and westerly to the river. As a result of the fill being placed on the site, the water would then flow around the fill being placed or towards the east and west property lines and then south to the street. In order to direct this water from flowing to adjacent properties, well defined drainage swales will need to be constructed to direct the water in the proper direction. Staff 12.71 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 9 is recommending that a grading and drainage plan stamped and signed by a registered civil engineer be submitted by the petitioner prior to any action being taken on the request by the Planning Commission or City Council. The surveyor has indicated general drainage on the site plans; however, there are no spot elevations or siope percents with which staff can verify the drainage plan as submitted can function as it should. Ms. McPherson stated the petitioner would also need to submit an erosion controZ pZan, which is required by Chapter 208 of the City code. In the past for similar requests, the City has requested the petitioner execute and record a hold harmless agreement to release the City from any liability should damage occur due to flooding as the result of the City's approval of the special use permit. � Ms. McPherson stated there are some miscellaneous requirements associated with this request. There are a number of mature trees located along the west, north and east lot lines. These mature trees are an asset to the parcel and attempts should be made by the petitioner to preserve as many of these trees as is practical. The subject parcel is composed of four 25-foot lots which have been assigned individual Property Identification Numbers (PIN) with a tax statement being issued for each number. The Assessor has requested the petitioner combine these lots into one PIN so the new property owner would receive one tax statement. The petitioner has complied with the requirements of the O1 district regulations. However, staff is still concerned that the stormwater runoff be properly addressed by the petitioner. Ms. McPherson��stated staff recommends the Planning Commission conduct the public hearing in order to receive testimony from the adjacent property owners but table its decision until the petitioner has submitted the required grading and drainage plan from a registered civil engineer. If the Commission should choose to act on the request, staff recommends the following stipulations: 1. The petitioner sha�l submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1. 2. The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100-year flood elevation. y 2.72 I'LANNING COMMISSION MEETING MAY 4 1994 PAGE 10 3_ The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines_ The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 5. Petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as the result of flooding. 6. The grading and drainage plan shall indicate the number of trees to be preserved. 7. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Hedlund stated he is in the construction business and he could build the houses and sell them. He would prefer to sell the lots to someone in the construction business or sell to a person who wanted a home in the area. He would then have a specific plan. One of the requirements that staff suggest is to have an engineer to do all this work, but he thought the surveyor was qualified to do this type of thing. For the sake of simplicity, he thought it would be adequate to have the information for drainage taken care of by the surveyor. Mr. Kondrick asked staff if they felt a surveyor could provide this plan or does this need to be done by an engineer. Ms. Dacy stated, whiie the surveyor has provided information on the general direction of the flow, staff's concern is that a registered engineer could actually do calculations of the runoff, run through the typical 100-year storm event calculations from typical studies, and from that be able to design with a good degree of accuracy exactly how deep the swales should be on the north, west and east lot lines and how wide the swales should be; and the registered engineer can then submit a plan that says the lat can handle the runoff from the house on its own. Mr. Oquist asked how can this be done without the footprint of the house. Ms. Dacy stated this can be done knowing the amount of impervious surface. An engineer can run through the calculations to determine the amount of runoff that would occur, combine that with the runoff from the grades and give staff a dimension of how 12.73 0 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 11 wide the swales should be and at what slope. In this particular lot, there appears to be enough change in grade to direct the water to the street. Staff wants to know with some degree of accuracy, and a registered engineer can do that, that the water can be handled. Mr. Oquist stated part of the plan from them may be the stipulation that says what could happen with a house of a particular size. Mr. Kondrick asked, if the footprint were put the other way, is that possible? If so, would it not hamper the flow of water from the south? Ms. Dacy stated, in answer to both questions, yes, and doing so would affect the cirainage. The petitioner wants approval from the City so he can sell the lot. Staff wants an approved drainage plan based on a reasonable site plan. Mr. Kondrick stated this is suitable for a prospective buyer and also for the neighbors so they know the water can be handled. Ms. Dacy stated without an engineer submitting a plan that shows how deep this swale should be, may be leaving too much discretion up to the builder and/or the City to interpret what was the Council's intent. Staff is trying to reasonably assure the buyer, adjacent homeowners, and the City that the drainage can be handled. Mr. Hedlund stated the house will be very close to the stated size and shape. One of the things that could be dane to make the base smaller is to construct a two-foot overhang in the front and in the back. In speaking of the engineers, he is thinking of the cost of an engineer. When they have a document such as presented, a surveyor will know what he is up against. If he does not feel qualified, they would not do it. But, rather than going to an engineer and since he is working with a qualified surveyor, he would recommend saving the cost of an engineer. There is a limit to how high th� costs should be on this. Ms. Savage asked to clarify the original reason for the request and if this was because the property is in the flood fringe and so no dwelling can be built without the snecial use permit. Ms. McPherson stated this was correct. Even an accessory structure must have a special use permit. Mr. Frank Shimek stated he is concerned about the condition of the Coon Rapids dam. The dam is in bad shape and Anoka County is not doing anything about it. He felt it dangerous to build a house in that area until that structure is repaired or removed. If the dam should break, all homes in that area will be flooded. 12.74 PL,I�NNING COMMISSION MEETING, MAY 4 1994 PAGE 12 Ms. Darlene Brady referred to the special use permit and asked if this required an engineer. Mr. Kondrick stated this is not always the case, but in this situation with changing the elevation due to the fill, the City wants to make sure the run off will be contained on the property. Ms. Brady asked whose decision it is to require or not require an engineer. Mr. Saba stated the Commission's recommendation goes to the City Council who make the final decision. Ms. Brady stated she would prefer to have an engineer. Regarding building in general in that area, she was happy to see the City requires a hold harmless agreement. With flooding to the south last year and the government not in support of dikes, which is located there, she wonders about the advisability of new construction in that area which would compound any problems that might come up. The dike was not built like those that gave out last year. It was not constructed in the same manner, but rather on an emergency basis, which may mean it was not as well constructed which increases the possibility of something happening. The r'iver is high now as well as the wa�er in the creek•. If it rains, she does not know what will happen. She wonders if it is advisable to build new homes in that area. Ms. Brady stated another concern is the sewer system in that area. She has lived in that area about eight years and has had the city sewer back up into her home five times. She wonders what the effect of additional homes will be on the sewer system. The sewage goes through a pumping station and is pumped up the hill. Ms. Brady stated a year or two ago another house was built in that area. She feels the house is much too big for the lot and for the neighborhood. It does not fit into the type of homes in that neighborhood. A smaller lot should have a smaller home. She is also concerned about the water run off. Mr_ James Peterson stated the elevation of the foundation, as he reads the drawing, would be 8 feet above the street level. He is concerned about how high the houses are from street level on the other sides of this lot, particularly if building a two story h"ome or if the house has a steeply pitched roof. How high would this be in relation to the other houses in that area? Ms. Dacy stated the drawing shows an elevation of 819 feet at the curb and the top of the foundation is at 824.1 feet. The elevation along the east and west lot lines is 820 feet. Mr. Peterson asked if this home would be much taller. 12.75 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 13 Ms. Dacy stated she had only ground.elevations, but this house would be somewhat higher. Mr. Peterson stated the one sugqestion he would make would be that the City limit the structure to a one-story home and a 5-12 pitch roof to minimize the impact to the neighborhood. In general, he is pleased to see new homes coming in. The new homes are larger than the older homes in that area. �Construction has changed and because it does not conform to the 600 to 800 square foot homes that are there, one should not put it in disfavor. A 30 foot by 40 foot house means 1200 square feet. What is the minimum number of square feet now required by the code? Ms. McPherson stated the minimum first floor dwelling unit size is 1020 square feet. Mr. Peterson stated a garage was mentioned but he does not see if on the plan. Is the garage attached to the front? Ms. McPherson stated the front portion would be the garage. Mr. Hedlund stated the 30 foot x 40 foot dimension is for both the house and the garage. The structure would be.a split level with an overhang to provide additional square feet with a smaller foundation. He does not have a specific plan now but this would be a respectable house. Mr: Peterson stated he thinks a two-story will give too much height compared to the 1 1/2•story homes in that area. Ms. Diane Lott asked if a home with two-foot overhangs would still meet the setback requirements. Mr. Oquist stated there is sufficient room to have the two-foot overhangs and still meet the minimum setback requirements.. Mr. Tim Lott stated, when reading about the tile around the house, he was not sure whether it would work or not or it has not been proven this would drain properly. Is this correct? Ms. McPherson stated these are called drainage swales which is surface drainage system for the area around what is being filled. Staff has stated, in general, that the surveyor has indicated general drainage patterns but there are no spot elevations and it does not indicate the water flows to a point that is lower nor does it give a percentage of slope from the bottom of that swale. That is why staff is asking that an engineer design the drainage swales so that staff can tell the builder how deep the swales need to be and at what slope so that it works. 11.76 t'I.�ANNING COMMISSlON MEE`PING, MAY 4, 1994 PAGE 14 Mr. Lott stated that it seems as if no matter what is built on ttie property now will be higher tihan any other house in that area because of the chanqes in the building requirements. What you have now is a house on top of a mound. He cannot see how this can prevent drainage which is already a problem in that area. He cannot see how this will work. Ms. Brady stated the storm water runs down the street. Ms. McPherson stated staff acknowledges that this dwelling needs to be built at a higher elevation as a result of the adoption of the ordinances in 1977, but there is a way by the grading of the property that water can be diverted properly to where it is supposed to go and may even help drain other properties. Mr. Lott asked if the water is to drain out to the street. He did not see how this would help the neighbors who have problems with.water now. Right now, the water is going into the ground. With a dwelling there, it is not only impacting the area but it seems it would create further problems by draining the water to the street. Ms. Dacy stated, by requiring swales along the perimeter, it helps to channel the run off from the roof and the surrounding . properties as well. Some of these lots are too flat so water cannot run off. By creating a swale, or as in another lot to be reviewed, it may be necessary to put in a catch basin and pipe improvement, in order to catch the run off and prevent ponding from backing up onto another property. While it is not a perfect system, every lot has to handle its own run off and that is the basis for staff's suggestion that a detailed plan be provided by an engineer. Ms. Brady asked if they were saying there would not be any more water go'ing in the street after a house is built. Ms. Dacy stated no, but by adding additional impervious surface there is going to be more run off than a vacant proper�y. That is the reason for a drainage plan and to know how deep the swales will be to get the water to the street. The swales can act also act to retain the water. Ms. Brady stated, when it rains heavy, the water pools in her yard and it seems this would be adding to that. Mr. (-Iedlund stated this is a general drainaqe plan, and it would work. MOTIO[� by Mr_ Oquist, seconded by Ms. Savage, to close the public t�earing. 12.77 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CFiAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. Mr. Saba stated he would definitely insist on an engineer's opinion on the drainage. Ms. Savage stated she would agree and would recommend tabling a decision until that has been submitted. Mr. Oquist agreed to both the engineering plan and tabling. Mr. Saba stated he would also like to have some answers on the impact to the sewer system and how the drainage affects what is already in the street. Many good questions were brought up and they need to be answered. MOTION by Ms. Savage, seconded by Mr. Saba, to table consideration of Special Use Permit, SP #94-05, to allow construction in the CRP-2 District (Flood Fr.inge) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. Mr. Oquist asked, through the special use permit, can the height of properties be restricted? Ms. Dacy stated she would like to confirm this with the city attorney. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PE SP #94-03, BY GORDON HEDLUND: Per Section 205.24.4.D and 205.24.5.A of the idley City Code, to ailow construction in the CRP-2 'strict (Flood Fringe) on Lots 12 and 13, Block Y, Ri rview Heights, generally located on the south sid f Buffalo Street east of Riverview Terrace. MOTION by Mr. Oquist, seconde y Mr. Saba, to waive the reading of the public hearing noti and open the public hearing. UPON A VOICE VOTE, VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOT CARRIED AND THE PUBLIC iiEARING OPEN AT 8:54 P.M. Ms. McP son stated this request is for the property addressed. as 79 Riverview Terrace N.E. The property is located at the 12.78 SUPPLEMENTAL INFORMATION PACKET SP #�4-03, SP #94-04, AND SP #94-OS 2.79 RUBERT A. GUZY BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEt� ]EFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ER[CKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMAS P. MALONE MICHAEL F. HURLEY V[RGIL C. HERR(CK HERMAN L. TALLE TO: FROM: `� � � I � ,, � Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LA\\' 400 Northtown Financial Plaza 200 Coon Rapids Boule��ard Minneapolis, MI�T 55433 (612) 780-8500 FAX (612) 780-17 � � Writer's D.zrect Line: (612) 783-5124 MEMORANDUM Barbara Dacy Community Development Director City of Fridley j Virgil C. Herrick �;!�%�_ City Attorney ,��' �;'_; City of Fridley PALIELA M. HARRIS CHARLES M. SEYKORA �i'ILLIAM M. HANSEN DA�]fEL D. GA\7'ER, JR. BEb'ERLY K. DODGE GREGG V. HERRICK JAtifES D. }-lOEFT JOAN M. QUADE SC07T M. LEPAK STEVEN L. MACKEY DAVID M. WEIGEL ELIZABETH A. SCHADING \r�ILLIAM F. HUEFNER ROBERT C. HYNES 1935-1993 SUBJECT: Height Restriction as a Stipulation in Special Use Permit Requests, SP #94-03, SP #94-04, and SP #94-05, by Gordon Hedlund, Petitioner DATE: May 24, 1994 I acknowledge receipt of your Memorandum of May 23, 1994 regarding the above subject. I have reviewed your Memorandum and the Minutes of the Planning Commission Meeting of May 4, 1994. You asked the question whether the City has authority to impose a condition on a special use permit that would limit the height of a single family residential structure to less than the limit contained in Section 205.07.04 A. Mr. Hedlund has made application for a special use permit to construct a single family home in a CRP-2 District (Flood Frin�rel . Tris is a permitte� �se ,,•,�eY ce�tion 205. 25. J� �J, u��n obtaining a special use permit. There are general legal principles that apply to the issuance or denial of all special use permits. Among these are: l. 2. 3. That the enumerated use is a permitted use. Denial of a special use permit must be for reasons related to public health, safety, and general welfare. That the burden for denying the permit rests with the City. An Equa�or�QEmplocer Barbara Dacy May 24, 1994 Page Two 4. Denial must be based on evidence presented to the Council and should be contained in findings of fact made by the Council 5. Esthetic concerns of neighboring landowners is not considered to be a serious health, safety or public welfare consideration which will justify denial of an application for a special use permit. See Luger v. City of Burnsville, 295 N.W2d b09 (1980). A municipality receives its zoning power from the State Legislature. Minn. Stat. §462.3595 gives the Council authority to issue conditional use permits. This Section provides in part as follows: "Conditional uses may be approved by the qoverning body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all_conditional uses, and insofar as practicable, requirements specific to each designated conditional use..." This Section goes on to provide: "A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this Section shall prevent the municipality from enacting or amending official controls to change the status of the conditional uses..." The City of Fridley has in its ordinances adopted both general criteria for issuing special use permits and specific criteria for permits to be issued in the flood fringe District. The general criteria are contained in Section 205.05.04 and the specific criteria are contained in Sections 205.25.04 and 205.25.05. It is clear that the City can impose reasonable canditions when issuinq a specia]_ use nermit. I have ex_amined the Sections of the Code to identify those that might apply to the question of restricting the heights of single family structures. Section 205.05.05 F enumerates considerations to be applied in determining whether the City shall issue a conditional use permit. One of the criteria to be considered is: "Will (it) seriously depreciate surrounding property values." This is a fact question that would have to be determined on a case by case basis. If the City were to reject the application for a special use permit because the height of the proposed structure was substantially greater than the adjoining buildings, it would have to receive testimony regarding the devaluation of the adjacent 12.81 Barbara Dacy May 24, 1994 Page Three properties. The Planning Commission and the Council should bear in mind that there are many instances in the City where there are two story structures adjacent to one story residences. If this reason is to be used for denying or limiting the conditional use permit, it would be necessary to differentiate between the situation in the existing applications and other situations where differences in height between adjacent residential structures exist. � 2.82 r � s � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley May 23, 1994 Virgil Herrick, �ity Attorney �/ Barbara Dacy, Community Development Director Height Restriction as a Stipulation in Special Use Permit Requests, SP #94-03, SP #94-04, and SP #94-05, by Gordon Hedlund, Petitioner The Planning Commission at its May 4, 1994 meeting tabled action on three special use permits for construction of new homes in the floodplain in the Riverview Heights area. One of the issues that the Commission asked us to research was whether the City could impose a height restriction as part of the special use permit stipulations. One of the lots is located at the southwest corner of Cheryl Street and Broad Avenue. The property will require four feet of fill in order to meet the required flood protection elevation requirement. The concern is that a two story house would "tower" over the existing homes in the area. One resident suggested that a stipulation be imposed stating that one story homes be constructed on the property. Section 205.07.04 A of the R-1 district states: "No building shall hereafter be erected, constructed, reconstructed, altered, enlarged, or moved so as to exceed the building height limit of thirty (30) feet from finished grade level". Can the City, as a stipulation of a special use permit for constructior. in the floodplain, impose a more restrictive height li�it and require construction of a one story home? BD/dn P�I-94-27Q _ _ -, ---TL:��_ _ Eng�neenng Sewer 'v1aler Parks SUeels LMamtenance ME MOR�lNDUM TO: Barbara Dacy, Community Development Director PW94174 FROM: John G. Flora�Public Works Director DATE: May 23, 1994 SUBJECT: Gordan Hedlund Issues In response to your note, the following information is presented for the Planning Commission meeting of June 1, 1994. The Coon Rapids dam is experiencing some maintenance and construction requirements. At this point in time, Hennepin and Anoka Counties are discussing who is responsible and what type of improvements will be made. The dam is functioning as a control mechanism of flows down stream. The City has requested that the DNR and the Corps of Engineers initiate a new fiood study of the upper regians of the Mississippi in order to incorporate some of the changes that have been accomplished in the river system over the last few years. Due to the cost, a study has not been completed but there continues to be discussion about a need. Sewer backups in the vicinity of Cheryl and Buffalo Our records indicate that there was only one backup at 641 Buffalo in September, 1989. There have been nine backups at 614 Cheryl Street as a result of the structures basement elevation. In 1989, a back flow preventor was installed in the line in an attempt to reduce the backup into the property. Since that time, one backup occurred when the overall system was being checked by the check valve. We are interested in reviewing the Hedlund plans for drainage within the area. JGF:cz 12.84 � .. �.. , TO: FROM: DATE: Engineering Sewer Water Parks Streets Maintenance MEMORANDUM William W. Burns, City Manager ✓ John G. F1ora,�Public Works Director October 6, 1989 SUBJECT: 614 Cheryl Street PW89-375 A few weeks ago, we experienced a sanitary sewer backup on Riverview Terrace which affectetl the residence of Mr. Charles Nason at 614 Cheryl Street. Based upon a telephone conversation with you, he indicated he had experienced a number of backups and was requesting some assistance to correct the problem. We have reviewed the records (8) backups since 1973, five and roots in the system and system outages at the lift Terrace. and found the resident has (5) of which were a result three (3) were a result of station at 79th Avenue and had eight of sticks power and Riverview As a result .of this information, we have reviewed the sanitary sewer line and residences along that segment of Riverview Terrace and adjoining streets to determine if there were any construction or design problems in that area. It�appears that the resident at 614 Cheryl Street is only about one foot above the main sewer line on the street and less than eight feet above the lift station invert on that system. Accordingly, if any blockage or downtime should occur, the resident at 614 Cheryl Street is the first home to experience a backup. All of the other homes that we have been able to identify have services substantially higher than his. I have contacted Mr. Nason and installing a backflow preventer (2) weeks. This backflow preve: any sewage backflows into his re problems that have been occurr� JGFjts cc: Ralph Volkman informed him that the City will be on his service withi.n the next two iter should eliminate 95 percent of sidence and, hopefully, resolve the ng over the past number of years. 7 2.85 ' GNOF FRiDLEY � 1l lL � TO: Barb Dacy, Director of Community Development FROM: Leon Madsen, City Asessor SUBJECT: Gordon Hedlund properties in Riverview Heights DATE: May 19, 1994 In regard to the Special Use permits being sought by Gordon Hedlund, in the Riverview Heights area, I have the following comments: From my prospective, as Assessor, I think getting these parcels built on will have a very positive impact on the surrounding neighborhood, and especially the properties closest to them. There have been at least 2 similar situatuions, in this same immediate neighborhood, at 7995 Riverview Terrace and 600 Ely St., both requiring relatively major elevation adjustments that have, apparently, been done very successfully. Certainly, the general consensus of the real estate market, is that better homes in a neighborhood tend to increase the general level of value. There is no doubt that the insurance of proper drainage, from the proposed sites, is of primary concern. But there can be no legitimate basis for the statements made, that building on these parcels will be detrimental to the value of the surrounding properties. If done according to code and with a reasonable attention to design, I would be of the opinion that values could only improve. It would not be my intent to increase values in the area, because of these new homes, until �esales came thru to provide a measurable basis. Mr. Hedlund acquired these parcels thru tax forfeit property sale in 1970. At #hat time, such � properties were not offered to neighboring property owners, before putting them on sale to the general public, as is current practice.. However, if Mr. Hedlund were not allowed to build on these parcels, I would imagine he would just let them go tax forfeit again. In 4 years, the County would offer them to the various governmental entities for whatever lega( purposes desired, and then to the adjoining neighbors. The asking price would be what the sites are currently assessed at. If neither of these are successful, the sites would be put back on the public block. I would suspect that, if Mr. Hedlund was unsuccessful in obtaining permission to build, no one else would want them either. Ultimately, the sites will most likely end—up back off the tax rolls. 12.86 Eng�r:eenng Sewer Wa:er Pe'ks Street; Maintenancc ME MORAND�JM � TO: Barbara Dacy, Community Development Director PW94-122 FROM: Scott Erickson, Asst Public Works Director�� DATE: April 15, 1994 SUBJECT: Preliminary Drainage and Grading Review of Lots Located at 7915 Riverview Terrace, 665 Dover Street, and 600 Cheryl Street The following comments are based on the grading details and elevations provided by the property owner and a site visit made on Monday, April 11, 1994. 7915 Riverview Terrace 1. A structural engineer wi(I need to design and approve the proposed retaining waN. 2. Provide a minimum 5-ft-wide drainage swale along the south and east properly lines. Specific elevations and percent grades shall be shown for the drainage swales. Install rip-rap at downstream end of swale. 3. An erosion control plan shall be submitted and approved prior to building permit approvaL 4. A 10 ft easement for street, utility, and drainage purposes will be required along Riverview Terrace. 665 Dover Street 1. A well defined drainage swale will be required along the back and side lot lines. It will be necessary to show elevations and percent grades for the proposed swales. The lot will need to be graded such that it accepts the drainage from the property to the north. 2. An erosion control plan shall be submitted and approved prior to the issuance of a building permit. � 12.87 � °�-� tl f N � 1 CITY OF FRIDLEY PETITION COVER SHEET PETITION NO.: 5 DATE RECEIVED: JUNE 20, 1994 OB.TECT: _�. � SPECIAL OSE � PERMIT DE�iIAL' TO SIII�D' 3� 'SOMES,.� SP�94- ' � 03, BP#94-Q4 AND SP#94-05 . � ' � See petition for more detail. - PETITION CHECRED BY: DATE:. -"� - :. . PERCENT OF SIGNING: REFERRED TO CITY COUNCIL: DISPOSITION: , �. . - , Wc the following undcrsigned would like to ask the Fridley City Council to dclay granting '� thc 3 Spccial Use Permits to build 3 homes in the Riverview Heights ncighborhood by , Gordon Hedlund until the following issues and problems can bc thoroughly and properly rescarchcd, ccportcd upon, and resolvcd to a s�casonablc satisfaction of thc prescnt ncighborhood homcowners: l. That a more thorough investigation and solution bc obtained to thc ongoing scwcr backup problems in homes in the neighborhood before adding additional homcs to an already problematic sewer system. 2. That a more thorough investigation and solution bc obtained to present storm watcr runoff difficulties already � present before adding additional homes requiring stringent and unusual building practices ..which arc likely to add to or create new runoff problems to existin� homes. � 3. -'That. the . City of...Frid�ey �adhere ��to .and._ c.ompiy with its own .standards :and infe�tr: for .. minimum sq�are �footage for land .tQ be built on for residential use: Specifically that when measuring for the minimum sqnare footage of one of these properties, namely the south corner of Riverview Terrace and Buffalo Street, that only actual existing buildable land be included in i�ese measurements and to not include land that has been taken by easement 25 years ago and is under a raised dike and roadway. 4. That the Council take under consideration the affect of the unusual building practices ' required in this Flood Fringe area upon existing homes and neighbors which requires these �: new homes ��to ..be erected . on artificially raised .ground levels : thus. � making these homes 3-4 stories high � �froin preser�t �ground�. levels �'as. opposed.� to ttie presenf .1 `2 .story.. �iigh� homes • in ` � . li . existence on present � ground levels.. � � Name Address Phone # .��— � � ; - ,. ; _ �-. 1 � ,,�� :��-,� � ��' � '�' ��y� '�.� �'� � ;�,,y,� . �%YU" u; � c,� i , 2—,�—�� —�=-� --�L�L.�'' ' ,�',� s�_�1/� ��_?��-y�,c� 3-,��--��T-�-----�-�%--'!---y --�%------' � `�` ? 3;'"� � _ 4 c:.-,�._.. �- • �- � � � i � < <i �� 1 �'t-} j '> -� '� —�---- -------�--------------T-----�--- s �� 1 � � —.,L'�� l �---- _ _ � �L�� ,� L � � �,_� � �� ,-� ��> �i �-3 y,� / `", � �',v _ �`,- _ -;� T --' � .' s '` ,-} ' r � � {�.-, i � 6��— '-`��-��----! '—��--j —� �-----'----- —' _' ,�; . , , `��i'� -_��."—^-- L_ �— � � — \--� --- { —t` —�> ,--' � � � \__ , — - �� L.. i , ` � , � _ i: . ,_ . • ---f-�� --------- ---- >� � , _i - �! .� � g �-" � �� P- �-" _ � - � �-- - -- �: � I� ` � _ �� Y � _�__--�__ �.-- _� �' / �� 9 /%�j� � , � _�-� / �: f ��r£ :._� i'� - �:� --_ - ; �i J � � �1i - %"i_i � 7` �--- � ' ' --^--- — ---------------- — 10<:�-=-��-.��..�, /r�,��,-- �.,.-_ — --- ----- --- -- 1 �, ///=�=� / �S/ , ,1 /' //-/� ��c�s��i�� > -�/ ./ �,��•��,-1 �-�`..-; ��;'. :i � � �� 12:,/� �/✓ "� � � �ry . / r� `%� ' � �'.�--r,� �-.. � 1 _ i ,') 1/��, � �� /%f� _ r-- , , —�--------�--- �'=— — ' — ' -,J "�' I � �- c: � �- i � 13�1,�� `��.-=—>-:�, --L � ,- ��;��..�---------- �—�-- r _ - �� _ ,, 14'-�,,,j�,�.,� � �1>„�,k_ — —r ��— ------- _--==-- �'-- �=� — -------- — , - - _ 15---=--!—��-------------- ------------- ; - . ir _ . 1 f� �-�-' i. ; . � f � l � _ _ - ` -' y _ ----Ij--=—=-=----- __ ---- / ;-- --------- i -- --`i � � ='=------- /�" 17 a_ f ; 1 --L=---�-----------==-- , . , ,, , � —,— — - , �/ / - 1 b=// '-! �/'--�=��--- �—,_• � —�.-,= ,, '=� /_---- � ---- --- � — � CITY COUNCIL MEETING: MONUAY, JUNE 20, 1994 7:00 P.M. r. m Wc thc following undcrsigncd would likc to ask thc Fridlcy City Council to delay granting 3, lhc 3 Spccial Usc Permits to build 3 homes in the Riverview ilcights neighborhood by Gordon Hcdlund until thc following issucs and problems can bc thoroughly and properly rescarchcd, reportcd up�n, and resolvcd to a reasonable satisfaction of thc prescnt ncighborhood homcowncrs: 1. "i'hat a morc thorough invesiigation and solution be obtaincd to [hc ongoing scwcr backup probicros in homcs in the ncighborhood before adding additional homcs to an alrcady problematic sewer systcm. 2. That a morc thorough investigation and solution be obtaincd to present storm water runoff difficulties already prescnt before adding additional. homes requiring slringent and unusual building practices which are likely to add to or c�eate new runoff problems to . existing homes. . . . . _ , - 3: � That the City of Fridley adhere � to �nd comply with�. its own siandards and � inten[ foc ' minimum square footage for land to be built on for residential use. Specifically that when mcasuring for the minimum square footage of one of these properties, namcly the soulh corner of Riverview Terrace and Buffalo Street, thai only actual existing buildable land be included in these measurements and to not include land that has been taken by easemeni 25 years ago and is under a raised dike and roadway. 4. That the Council take under consideration the affect of the unusual building practices required in this Flood Fringe area upon existing. homes and neighbors which requires these . .. new. homes tp be erected on artificially�.. raised; . gro.und .levels thus ;rriakir�g. ihese. homcs�.. 3-4 :. ,.. _� �� stori_es high frorri � present ground levels as opposed to tfie. present 1-2 sfory high hbmes �in :� existence on present ground levels. � Name 1 2 0 Phone # _r— _�,,.,._�.:�—�–�-�..�--�_=—� -- _�—_ ---�— 3 /''��''!, 3� /�'�� _...(,, � ' • % _ D �� -�-�--------- ��" .LC�.�-- 4 �- " - � ��--�"L--�`��- -�-+ ---- �=�`�-�- s_ __�?�� ---Z�-�l�D 6 �� to�� N� �l � - � I �1C� 7 �- — ' �� ,�C �v-�F�-tlrt=r — � "— L —D,1S2 C 8 �?.c�—. � — � � ��,�s� � ��-c � ��' — ��` I ��- , 9� � � ' _��_�� - .�� __ ��-��.� i o � __l2!s! .�� --.��----1�'�-�� s ✓�✓'rir-- � � �� 11 . --------------- ---- — — — — . _. <-- 12 � ---------------------------------------- 13 ---------------------------------------- 14 ---------------------------------------- 15 ---------------------------------------- 16 ---------------------------------------- 17 ---------------------------------------- 1� ---------------------------------------- CITY COUNCIL MEETING: MONDAY, JUNE ZU, 1994 7:00 P.M. , r Wc thc following undersigncd would like to ask the Fridley City Council to dclay granting the 3 Spccial Usc Permits to build 3 homcs in the Riverview Heights ncighborhood by Gordon Hedlund until thc following issues and problems can bc thoroughly and properly rc;scarchcd, reported upon, and resolved to a reasonable satisfaction of thc present ncighborhood homcowncrs: l. That a morc thorough investigation and solution be obtaincd to thc ongoing sewer backup pr�blems in homes in the neighborhood before adding additiona( homes to an already problematic sewer system. 2. That a more thorough invesligation � and solution be obtained to present storm water runoff difficultics already present before adding additional homes requiring stringent and unusual building �raciices which arc likely to add to : or create new runoff problems Io existing _ : homes. - . . . . . • _ . � 3. " That `fhe City of Fridley adhere�.to and co'mply. with its� own standards' �and intent foi � minimum square footage for land to be buiit on for residential use: Speci�cally that when measuring for the minimum square footage of one of these . properties, namely . the south . corner of Riverview Terrace and Buffalo Street, that only actual exist�ing buildable land be included in these measurements and to not include land that has been taken by easement 25 years ago and is under a raised dike and roadway. . 4. That the Council take under consideration the affect of the unusual building practices required in this Flood Fringe area � upon . existing homes ..and neighbors which . requires these , .. new. homes ,. to .:.be �erecte�i : on�. arti-� cially,. •raised :ground levels . :thus making these �homea . �-4 �. stori�s higfi from present ..ground ��levels as �opposed to. the present 1-2� story high�.homes. tn ' existence on present ground levels. Name Address Phone # � 1_ � �C � _S� l /��)`'�_STtiC 0 s5�� 7�S-i %�� - , 2_��.��u�----�i� 4�� s��/�_�r��'S�/��, �f�s o�3C� 3 �-,�.��_—.�fl�c --- �i� _ ��G�n�� Si �'� � �E SS�-3� lSJG�73l�1 l �, ,+ �� 4.�,j�` � � - v� �t�t�� _��Z1,��'�vv �� zrr A�r� �r�� SSy3 L_��,-t;�L� , , 5 %'� � � ��_ J�ll� � 1 ��J�.��' �� -�v� -- �----- — ------- �------ 6_.�-1 =�-��- _--�C�U ��.�.�_St .�,c,�-/ ..? �_s y�_ � �v -�,s �� -�-�.�=�=� =�- _�`iL �3 ' �S I -F _ � - -- �'�`�� -- ��------- g ----------------------------------------- 9 ----------------------------------------- 10 ---------------------------------------- 11 ---------------------------------------- 12 ---------------------------------------- 13 ---------------------------------------- 14 ---------------------------------------- 15 ---------------------------------------- 16 ---------------------------------------- ]7 ---------------------------------------- ]8 CITY COUNCIL MEETINtT: MONDAY, JUNE 20, 1994 7:U0 P.M. � � � r . Wc thc following undcrsigncd would likc to ask thc Fridlcy City Council to dclay granting thc 3 Special Use Pcrmits to build 3 homes in thc Riverview Heights neighborhood by Gordon Ilcdlund until thc following issues and problems can be thoroughly and properly rescarchcd, rcportcd upon, and resoivcd to a rcasonablc satisfaction of the prescnt ncighborhood homcowncrs: 1. That a more thorough investigation and solution be obtained to thc ongoing scwer backup problems in homes in the neighborhood before adding additional homes to an alrcady problematic sewer system. 2. That a more thorough investigation and solution be obtained to preseni storm water runoff difficultics already present before adding additional homes requiring stringent and unusual building practices which arc likely to add to or create new runoff problems to existing homes.... .. � . � . . 3. � T(iat ihe City . af Fridley. adhere to and comply. with � irs own �standards and _intent for � minimum square footage for land to be built on for residential use. Speci�cally that when measuring for the minimum sqnare footage of one of ihese properties, namely the south corner of Riverview Terrace and Buffalo Street, ihat only actual existing buildable land be included in these measurements and to not include land that has been taken by easement 25 years ago and is under a raised dike and roadway. 4. That the Council take under consideration the affect of the unusual building practices required in this Flood Fringe area upon existing homes and neighbors which requires . these new . homes. to be� erected on, arx.'i#ici�al ly raised� . ground levets: . thus: � making ��.tt�ese: , homes 3-4 :� •. stories high from present ground levels � as opposed to the present 1-2 story high homes �in existence on present ground levels. Name ,� Address Phone # 1 _' �� - � 7�� C'ti ��' —.�y�s�" � _ � .�� -�-t-�. .� � - , . __ %��1 R��ev�� %�e�e. ,:'� �d�3= j��_ 3--�t'�'3 c��-------1�5� �fcc�� O�v� tl�_------�$ � S't^1 t_ 4 � � 5 -----�------------------------------------ 6 ----------------------------------------- 7 ----------------------------------------- 8 - ----------------------------------------- 9 ----------------------------------------- 10 ---------------------------------------- 11 ---------------------------------------- 12 13 ---------------------------------------- 14 ----------------------------------------- 15 ---------------------------------------- 16 ---------------------------------------- 17 ---------------------------------------- l8 ---------------------------------------- CITY COUNCIL MEET[NG: MONDAY, JUNE 20, 1994 7:0(1 I'.M. � Aprii 15, 1994 Page 2 , 600 Cher�l Street 1. Provide a minimum 5-ft wide drainage swale along the south and west property lines. Elevations and percent grades will need to be shown for the drainage swales. 2. It will be necessary to ensure the drainage from the property to the east is adequately addressed. Elevations will need to be shown along with the necessary grading issues addressed. 3. An erosion control plan shall be submitted and approved prior to the issuance of a building permit. SE:cz � � � 4 r � � r � P I DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley June 10, 1994 � William Burns, City Manager �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Denying a Wetland Replacement Plan, WR #94-01, by Paul Harstad; 5470 and 5490 East Danube Road N.E. The Planning Commission conducted a public hearing regarding the wetland replacement plan at its May 18, 1994 meeting. The proposed plan would allow the filling of 2,800 square feet of Type 4 wetland while creating 2,500 square feet of Type 4 wetland on-site. The Planning Commission voted 5:1 to recommend denial of the wetland replacement plan based on the following findings of fact: l. 2. 3. A feasible and prudent alternative exists which avoid impacts to the wetland. Section 205.27.05.D.3 to the proposed replacement ratio is less than the 2:1 ratio requized by Section 205.27.10.D. The petitioner failed to submit the information required by statute and ordinance. Staff recommends that the City Council concur with the Pianning Commission action. Staff recommends that the City Council approve the attached resolution which sets forth the findings of fact.for denial of the replacement plan. MM/dn M-94-321 RESOLUTION NO. - 1994 RESOLUTION DENYING A WETLAND REPLACEMENT PLAN, WR #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED AT 5470 AND 5490 EAST DANUBE ROAD N.E. WHEREAS, a wetland exists according to the 1989 Federal Manual; and WHEREAS, the wetland is not a DNR protected wetland; and WHEREAS, the proposed project does not fall under one or more Exemptions; and WHEREAS, the project is not wetland-dependent; and WHEREAS, all impact avoidance options have been determined to be reasonable; and WHEREAS, the project impacts have not been minimized; and WHEREAS, the replacement plan does not meet the 2:1 replacement ratio required by City Code Section 205.27.10.D; and WHEREAS, the applicant did not submit a complete application. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby deny the Wetland Replacement Plan, WR #94-OZ, by Paul Harstad. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. ATTE5T: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 13.1 � � S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date � May 18, 1994 City Council Date : June 20, 1994 APPLICATION NIIMBER: WR #94-01 PETITIONER• Paul Harstad for Keith Harstad, otaner LOCATION• 5470 and 5490 East Danube Road N.E. REOUEST• The petitioner requests that a wetland replacement plan be approved to allow the filling of 2,800 square feet of Type 4 wetland. The replacement plan proposes to create 2,500 sguare feet of Type 4 wetland on site. The petitioner has also applied for a variance to reduce the front yard setbacks on both parcels to reduce the impact to the wetland. The Appeals,Commission will review the variance request at its May 24, 1994 meeting. BACRGROIIND: The history regarding the wetland on the subject parcel is lengthy: * February 23, 1973; letter from James London to Nasim Qureshi confirming that the subject parcel would be exempt from water main, sanitary sewer and street assessments. * * June 13, 1977; the DNR declares that the wetlands located in Innsbruck North 2nd Addition fal� under its jurisdiction. September 7, 1977; Keith Harstad requests a meeting in order to resolve the issues regarding the DNR jurisdiction. * September 19, 1977; the DNR clarifies its position regarding its authority over the lots in question. The City is to inform any builder that it is their responsibility tn obtain all necessary permits. Paul Harstad WR #94-01 Page 2 * November 14, 1977; area residents attempt to obtain support from the Commissioner of Natural Resources to reconsider the DNR's position. * December 16, 1977; letter from the DNR stating that Mr. Harstad has not made permit application. * January 9, 1978; discussion at the City Council meeting determined that the City Council would notify the DNR regarding building permit applications on lots affected by DNR protected wetlands. * July 18, 1978; discussion at the Environmental Commission regarding a moratorium on the filling of the lots in Innsbruck and the forming of a study group on water quality. * August 1, 1978; staff notified "owner" to cease illegal dumping on the subject parcel. * August 7, 1978; discussion at the City Council regarding the Commission's action. The City Council directed staff to stop any illegal dumping which was occurring, and to work up costs to acquire the vacant property in the area. Estimated cost to benefitting owners was $4,4�5.00 (total cost of 40,000 for both lots). * The City issued a land alteration permit to Hearthstone Homes in 1986 to fill the property from the lot line to the drainage easement. Filling did not occur to the extent the permit allowed. The permit expired on December 31, 1986. No subsequent permits have been issued. * The 1977 aerial photo showed that an extensive Type 3 or 4 wetland was located on the property. * The 1981 aerial showed that filling had occurred on a small portion of the wetland on Lot 5. * The 1985 aerial showed that no further filling had occurred. * In 1993, staff inet with the petitioner on site as a result from a neighborhood complaint regarding possible illegal filling. The petitioner was informed that he would need to comply with the 1991 Wetland Conservation Act prior to the issuance of a building permit. 13.3 Paul Harstad WR #94-01 Page 3 ANALYSIS• Request The petitioner is proposing to construct single family dwellings on both Lot 5(5490 East Danube) and Lot 6(5470 East Danube, the subject parcel). The lots were platted in 1976. Both lots are vacant and are zoned R-1, Single Family Dwelling. The lots meet the minimum lot area requirements. Located on Lot 6 is a Type 4 wetland. Wetlands of this type are characterized by open water with a depth of 2 to 3 feet. Vegetation associated with the wetland includes cottonwood, black willow, dogwood, reed canary grass, and pinkweed. This wetland is part of the overall drainage system in the neighborhood. . Neighborhood Drainage The wetland on the subject parcel receives storm water from a portion of the subwatershed defined by Matterhorn Drive on the west, Gardena Avenue on the north, and I-694 on the south (see enclosed map entitled "sub watershed"). Water from west of West Danube Road enters the west side of the wetland north of the subject parcels. It is then discharged on the east side of the wetland through a pipe under East Danube.Road and flows into Farr Lake. Water from north of North Innsbruck Drive and from Innsbruck Townhomes to the east also flows into Farr Lake. Wetland Replacement Plan Wetland Delineation The petitioner.has submitted a grading plan showing the extent of the wetland. A narrative description was also submitted as part of the delineation. However, a number of items are missing which are required to be submitted as part of the delineation: l. Wetland location with a public land survey coordinate of the wetland center. 2. The overall size of the wetland, including that portion not on the subject parcel. 3. The wetland t�pe as defined by USFW Circular 39 and National Wetland Inventory mapping conventions. 4. A soils map or soils information provided by soil borings. 5. The size of the watershed draining into the wetland area. 13.4 Paul Harstad WR #94-01 Page 4 6. Location of inlets and outlets. 7. A map or written description of the land use within one mile of the watershed. 8. Evidence of ownership. Staff inet with Kate Drewry, Rice Creek Watershed Administrator on site May 10, 1994. She supplied staff with the original delineation submitted by the petitioner iM April 1993. The current delineation does not extend the wetland boundary to the same limits as the 1993 delineation. An additional site visit by the City's consultant, on May 11, 1994,.confirmed the current. delineation as accurate, however, the change in delineations should be explained by the petitioner. Further evidence supporting the current delineation as identified above should be provided by the petitioner. Seauencing The petitioner has provided three alternatives to avoid impact to the wetland: l. Choose not to build on Lot 6. 2. Construct a home on pilings on Lot 6. 3. Build a smaller home on Lot 6. The petitioner dismisses Alternative #1 using the takings argument. This is based on the reason that the lot was platted as a"buildable" lot; and by the City's plat approval, permission was granted to build on the lot. The petitioner has also indicated that exemption 24 from the State Statute applies in this case. Exemption 24 states: Development projects and ditch improvement projects in the state that have received preliminary or final plat approval, or infrastructure that has been installed, or having local site plan approval, conditional use permits, or similar official approval by a governing body or government agency, within the dates of July 1, 1986 and January 1, 1992 are exempt. While the City approved the plat in 1976, no work occurred on the subject parcel within the time frame specified, with the exception of the land alteration permit issued May 1986. The land alteration permit was not fully executed by the applicant 13.5 Paul Harstad WR #94-01 Page 5 and expired December 31, 1986. No further permits were a�pplied for or issued for the subject parcel. While utilities we�re stubbed to the parcel at the time of platting, staff is z•eluctant to broaden the interpretation of the exemption outside of` the years stated in the statutes. The Board of Water and Soil resources has the regulatory authority to make that interpretation. The O-4 District adopts by reference all. parts of the Wetland Conservation Act and its Administrative Rules. The petitioner does not provide expert testimony from a registered structural engineer to support the statements dismissing Alternative #2. Information from such a profE�ssional should be submitted as part of the plan. The petitioner has argued in Alternative #3 tha enough to avoid all impacts at the required set be 15 x 45 feet. The petitioner is correct in size house would not meet the minimum dwelling square feet. However, if a front yard variance 35 feet to 20 feet, a house pad of 30 x 50 feet constructed. This would allow a dwelling unit feet and a garage of 576 square feet. A second placed on the house, bringing the total amount feet to approximately 2,500. This is close to being proposed by the petitioner and is similar the neighborhood. In additi:on, this alternativ the need for most wetland impacts. The petitio qualify for the exemption allowing the filling square feet per year. t a house small back woulci need to stating tYiat this size of 1,.020 were grarited from could be of 1, 020 :�quare story could be of livablEa square the size ciwelling to other homes in e would e:Liminate ner could possibly of up to ��00 The petitioner also did not explore the use of retaining walls to reduce the amount of fill needed around the dwelling uniit. Re�lacement Ratio The petitioner has proposed to mitigate the wetland impa��t on site using both Lot 5 and Lot 6. However, the rate of replacement is at or below 1:1. If no setback variances are granted, the ratio is less than 1:1. As with the wetland delineation, information required by the O-4 regulations is missing from the replacement plan: 1. Wetland location. 2. Size of wetland. 3. Items 1-8 listed under the delineation section above. 7 3.6 Paul Harstad WR #94-01 Page 6 4. A description of the size and type of wetland that will be created as a result of the replacement plan. 5. Plan and profile views of the replacement wetland with fixed photo reference points for monitoring. 6. Type of construction methods to be used, including the best managements practices to protect water quality. 7. Soils information required to determine the capability of the site to support wetland creation. 8. Timetable of-how and when implementation will occur and be completed. 9. The Board of Water and Soil Resources notice to be recorded against the property. 10. A signed statement regarding the wetland's previous restoration and/or creation, the relationship of exemptions to the created wetland, and that the wetland will not be created with public funds. 11. A detailed monitoring plan, including proposed dates and activities to occur on those dates. As discussed earlier, a question remains as to whether the delineation is accurate. If the delineation is not accurate, the replacement plan would not be applicable. The petitioner has stated that the 1:1 ratio is acceptable because application for wetland impact was made to the Watershed District under the Interim Program. In addition, the Watershed District would have required the approval and permit issuance to occur prior to the start of the Permanent Program on January 1, 1994. The petitioner, therefore, is required to comply with the Permanent Program and the O-4 regulations. The City cannot approve a replacement plan with a ratio of less than 2:1. RECOMMENDATION/STIPULATIONS: Staff recommends that the Planning Commission recommend denial of the replacement plan as proposed based on the following findings of fact: l. Feasible and prudent alternatives exist which avoid impacts to the wetlands (Section 205.27.05.D.(3)). 13.7 Paul Harstad WR #94-01 Page 7 2. The proposed replacement ratio is less than the 2:l ratio required by Section 205.27.10.D. PLANNING COMMISSION ACTION The Planning Commission voted 5:1 to recommend that the City Council deny the replacement plan. The Commission also voted to add a third finding: 3. The petitioner failed to submit the information required by statute and ordinance. The Commission also directed staff to investigate the illegal dumping which allegedly occurred in 1992 and determine what legal action could be taken. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 13.8 WETLAND REPLACEMENT PLAN April 14, 1994 I. Background Appiicant's Name: Harstad Companies Address: 2191 Siiver Lake Road New Brighton, MN 55112 Contact Person: Paul W. Harstad Rice Creek Watershed fle #: 93-61 Harstad Companies proposes to construct two single family lots located in the City of Fridley on East Danube Road (see Exhibii 1, Location Map). The lots are officially platted at the Anoka County Recorder's office as Lots 5 and 6, Block 2, lnnsbruck North 2nd Addition. E.G. Rud and Sons, fnc. performed a wetland delineation and subsequent wetland narrative of the site on Apri120, 1993 (see Exhibit 2; Grading P�an, and Exhibit 3: Wetland Narrative). The wetland basin provides storm water retention ponding for the neighborhood, with a storm sewer inlet at the North of the basin and a storm sewer outlet at the East of the basin. The storm sewer outlet runs directly befinreen Lots 5 and 6. The land use of the surrounding area is residential. There is a 40 foot wide drainage easement along the back of Lot 5 and a 20 foot drainage easement along the back of Lot 6. Nearly all of the drainage easement area is designated wetland. Lot 5 is currentfy a buildable lot, with soil conditions suitable for home construction. The wetland edge extends into the buildable area of Lot 6. A portion of the wetland would have to be filled in order to construct a single family home on this fot. (Please see Exhibit 2: Grading Plan.) 11. Impact Proposed Direct Impact App�oximately 2,800 square feet of wetland would need to be filled in order to comply with the City of Fridley's front setback requirement. Harstad Companies proposes instead to request a variance for a front setback requirement from 35 feet to 30 feet or fess. A setback of 30 feet would reduce the fill area to approximately 2,500 square feet. 13.9 Indirect Impacts Permanent indirect impacts are not expected to cause degradation of current wetland values. The conversion of old field wiil diminish the amount of upland habitat to wildlife on the site. However plant and animal life diversity are not likely to change within the wetland basin. Drainage patterns on the site will not change. III. Alternatives Analysis The following is a list of alternatives to the proposed wetland replacement plan and a discussion of why each alternative is not feasible. 1) Choose not to build on Lot 6. This alternative would adversely impact the economic value of the property. The applicant's proposal to build two single family homes meets all City zoning and building ordinances (with the exception of the proposed front setback variance which would reduce the impact on the wetland basin). The proposed construction is in ful! compliance with the plat of record in the Anoka County Recorder's office. Revocation of this right to use the land as previously approved wauld be considered a"taking" by the applicant, and is contrary to private property laws of the U.S. federa! government. 2) Construct a home on Lot 6 using pilings. This proposal would impose undue and unceasonable economic burden on the applicant, and would have the same effect as the "no-build" alternative. Pilings would have to be constructed for the entire foundation of the house, not just the portion located in the wetlands, and would cost in excess of $25,000. Piling construction is not in accordance with accepted engineering standards and practices for a building of this size and type. Furthermore piling construction would substantia(ly disturb soils and vegetation and would require the filling of wetlands for the mobilization of equipment. 3) Build a smalier house on Lof 6. A house small enough to avoid wetland impact entirely would be less than fifteen feet in depth and less than fort-five feet in width. This small of a house would not be marketable and wou(d not comp(y wifh Cify ordinances regulating square footage. The proposed house plan has already been modified to reduce wetland impact, and is already smaller than other houses in the neighborhood. Avoidance and Minimization Avoidance Wetland impacts cannot be avoided due to the shape of the wetland basin. The applicant intends to avoid impact to the wetland on Lot 5, but cannot avoid direct impact on Lot 6. Page 2 13.10 Minimization The foilowing steps have been or wi11 be taken by the appiicant to minimize direct and indirect impact to the wetland basin. 1) Reduce the square footage (and foundation size) of the proposed home on Lot 6. The home does not include a full basement, preventing the house pad from further encroachment into the wetland. 2) Alte� the size and shape of the house pad on Lot 5 to provide for contiguous mitigation area in the back yard. 3) The applicant has also withheld the sale of Lot 5 to prospective homebuyers so that a portion of Lot 5 can be used as mitigation area for the proposed fill area of Lot 6. 4) Request a variance from the City of Fridley changing the front setback for Lot 6 from 35 feet to 30 feet or less. 5) Request a variance from the City of Fridley changing the (North) side setback from 10 feet to 5 feet or less. 6) Compliance with the Sediment and Erosion Control P1an as shown on the Grading Plan. IV. Wetland Replacement and Mitigation Harstad Companies proposes to create 2,500 square feet of comparable wetland on site (see Exhibit 5: Replacement Plan). Sideslopes will be graded to a 10:1 slope, lined with organic soils and seeded with native seed mixes to promote use by local wildlife (see Exhibit 4: Wet Meadow Seed Mixture). The general shape of the mitigation ponds wi11 be designed to conform to local topography in order to create natural looking basins. This replacement plan will replace current wetland acreage for the wetland acreage impacted by a 1:1 ratio. This ratio is not in compliance with the permanent rules of the Wetland Conservation Act of 1991. The applicant considers the proposed plan and replacement ratio su�cient for this particular site for the following reasons: 1) The proposed construction is in full compliance with all other laws governing land use at all {evels of government, including the plat of record at the Anoka County Recorder's office. 2) The replacement plan replaces unavoidable impacts to the wetland by restoring or creating substitute wetland area with equal or greater value. 3) The applicant agrees to monitor the site as described in the following section. 4) The original application for this project was made in 1993 prior to the permanent rules taking effect. Page 3 13. i i V. Monitoring Plan The monitoring plan wili inciude: 1) A description of the project location, size, current wetland type, and desired wetland type. 2) A comparison of the as-built specifications versus the design specifications and a rationale for significant changes. 3) Hydrology measurements such as seasonal water level elevations during the period April through October. 4) A list of the dominant vegetation in the wetland including common names of the vegetation exceeding 20 percent coverage and an estimafe of coverage. 5) Color photographs of the project area taken any time during the period June through August, referenced to the fixed photo-reference points identified on the grading plan. Page 4 13.12 EXHIBIT 1 LOCATION MAP T 13.13 GR�ADING PLAN For: �GQit,h N�r$t�sd � NORTH � � .� �e. A� h• '��'��: �' � - •: : .;y�;. -.!:•''~=�'`'', � � • .>•:.. �:•: _ :'�•- � �;i:'� . •� 1 _ ��'�'. •�ti�0..�.�:.':;::', iss •` %� ` ;,�� i - • .•/�' . �:`;;'��, . i%';'%.',_ = :�•. 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GIRGLE PINEB, MINN880TA 66mtd-3626 TEL '1R� '•656 EXHIBIT 3 !� (�Q �/�� / p_ `C�� WETLAND NARR.ATIVE !O. _7. ,GI,I"i C� / � � LANO SURVEYORS 9180 LEXiNGTON AVE. N.E. CIRCLE PINES (LEXINGTON), MINNESOTA 55014 (612) 786-5556 FAX # (612) 786-6Q07 April 20, 1993 Wetland Narrative Lots 5& 6, Block 2, Innsbruck 2nd Addition. The wetland on the West side of lots 5& 6, Block 2, is classified on the National Wetland Inventory map as PUBF (Palustrin; Unconsolidated bottom- Semiperment) type wetland. A field inspection of the.site was made on April 19, 1993 in which I found this classification to be correct. The majority of the wetland is an open water pond with a maximum water depth of 2 to 3 feet. The pond is bordered on the south end by a narrow rim (< 10') of PEMC (Palustrine; Emergent; Seasonal) type wetland (cowardin et al. 1979). The easterly delineation of the wetland is defined by earthen fill that has been dumped on Lots 5& 6. �� There is no persistent emergent vegetation visible i_n the inundated area of the wetland. tlegetation along thE ri:n �f tne wetland include; Cottonwood, Black Willow (tree stratum), Red- Osier pogwood (shrub stratum), Reed Canary grass, Blue Vervaiu, Pinkweed (herb stratum). The water Tevel of the wetland is at its seasonal high. There is a storm se�=er culvert (Inlet) at the north end of the wetland that drains surrounding areas into t�is wetland. There is also a storm sewer culvert (outlet; on the east side that controls the water level and drains tnis� wetlanci into an area east of Danube Road. Most of the natura�ness of this wetland community has been lost to urban development. The main function of this wetland is storn� water retention. It also has some wildlife habitat value. � //.�� i�IL� 13.15 � �,. � e / ��: � �VET MEADOW SEED MI��TURE Common Name (Species� Wild millet (Echinochloa crusgalli) Annual rye (Lolium multif loncm) Perennial rye (Lolium perenne) Als�ke clover (Trifolium hybridum) Native Seed Mix (see below) Seeding Rate �pounds/acre� 5.0 5.0 12.0 5.0 10.0 37.0 Native Seed Mix - Incorporate As Manv Species As Possble ' um of 2 Grasses/ Sedges and 4 Forbsl Grasses and Sedges: Canada bluejoint grass (Calamagrostis canadensis) Prairie cord-grass (Spanina pectinata )1 Big bluestem (Andropogon ger�du) Switch grass (Panicum vi�gaaum) 2 Green buln�sh (Scirpus atrovirens) Fox sedge (Carex vulpinoidea) Forbs: Swamp m�kweed (Asclepias incarnata) Angelica (Angelica atropurpurea) . Blue veivain (Yerbena hastata) New England aster (Aster novae-angliae) Marsh aster (Aster simplex) . Joe-pye weed (Eupatorium maculutum) Numerous other locally native species - consult nursery staff and tailor selection to site specifics � Planting rhizomes is preferable to seeding because some seed stocks have very I low germination rates f,� 2Use only locally-collected seed 13.16 GR-ADING PLAN EXIiIBIT 5 F OP: �C Q i#, h H� r$ t s d REPLACEMENT PLAN 0 ��o:.•<� �� N I1 ( 1 I I �r�^.�iP.c�l IC2DI4C�vr ✓;'� �..�.�..�.... � r i ( m;.� Fk�sf; -.;-_ .,,.,,,. ''9 tio�se , ;�: � � , �', i \ ` ; '-;;i �J� ti : , \ � ' :tf�;i% �`AQ'Q�� i ` , � �AO l _ � �s� � � ioc,S :'i��q0�:��::- _:�. •' ` �� / �:- ; 41 ��: .r`:�'�:-�;: : / ' � �.�\��li :� t . ./ +�oo.0 .J�� r ♦ 1 � _/ `� - \ � , /��. �� . -: t\'� ' �\�r�.��1•.'.j:•• ..f,i �:1� / ' ��.•^� j. � 1 \.IJ �'. .. .\�. : :' ,..I . � ,i♦ `� ��' �\�� ,`�r;.�..;. ,.. � . -.. •� ..� = , �'.;.;�. : ;� _� :t� ,;:.: ., ;,;..:::�_: �:.-:,::'�: � ��=:. ; � , v . +�o2.s y '� . � ; �. \ , ... ,�. �. !/ . ti { , .: � , � ` � , ,. c � : . � i/I NORTH�,:.,,_ ,� �.� _ � J . :''; 600 �EP � �j �%, •. �l ��!: �sr� `� ,� � I � � Y�po�EO ��i�;�: �-� ,, , ,...• . � ' / �p ;�?`� :.. �Q. �� ' � � � � l �` y .''��` �'`� • t`� : , / � / ' '\ \ � 1 , N �'S'Y 4 •. .QQ� .. } � ,�'°^ ��.-.�y. :i :t \l �:r Yl..� :�. �i;`., ,OM � ' \_- , rr�-• " �:r.s' «;`�:�.=':;r, �'- � +cti / r`•lt� :'�`•'� "' �'r,; �• � ° � :=� �' �' •: � . �0'.:+ •� +,09.0 � . j:;;�. �?��p , �'�\.�:�1 +�0�9 / ` � \ e %�. j ;\ ``i ��; .�� :Z�?./:,f �.;�_�};t ,•'v`� �°'� +IOJB � L�+ 99.�t'' �� !� M �� / � l��`7r u s��,�, s..., + j=;�;� :�;:;�� / : � . �.; ��. �. : ., i , � �`� o� : �%=:.- ; r" ` o ,`'� �'� : � � • .: =�' '�.�:1�— :,:: � � :�,; . I I ��` 2 � , 60 I o , � � 4s`�Y' '� . � �>, `ro \ / 06• 6�,`� � � ��`'•�d • �:" o � k .�'� +to.za / �;`� / 4 ,�1.��. ; �.v _:. � � ,- i'S Y, - � ��y / b � Ec . �2,. ''�i�l .._ . / ;;,: . ° � ,', �; ` ;`. +��. p � � � 'o i ,'.,1`.�• OY° O i ��'. .a. 1 i::. - '-:•4��.' � Uamp Cot!°� oaA- / i.r`y - � r � � �/ . / b\ � : •,�. _ . �� 11ti f�:�=:��::c � +ios.4 �. p a 'a / \`� \1. ��\� '� / .I�7•.� � Jb _� _ � � �� , / � •'-�{�iV�� :C +104.1 � �. .( '�•�.'ti :: ` . ♦ ' AN k�� ' I /'. �1'�z 1S ` .o `�` �z 9q• 'pry. '\. , / ��1�� P`�p)�ntL f704.4 t� \n�4 / ;r h° G° �o / � ,� J� Rz:` O �i• 0°�' � .,1$i7 p<q, �l �, � �o �r +1 2.6 r, °k/ �y .c��y � �� / Wti ��v�.r% i� �l. � QI�Y�C, k� � r /aa j�� ` 7 Rad Ook B 1J Cpre°' � / 11 l�z�l w�-tl.� �rGV.• < �� 1 �1k6 / _3i ( na � V_n�sia�ni `, � 5 1� . � �, �' � , k�� No rES : � � / .2 %ao1 Can/oui ii�/e�i✓o/ - R \ lJ.r,rvmr� ytifico/ Oo/� � / � — �c�ofrs EX/sfii��. Con/ ..i /D y' +10 .J'I n�Qenat�.r /�ropostd C00%aui � '�� O Oc�olt�s �°ia,00,rcd E/evoliv� �oc.o � / �OQ� eS9. /�!� pi �{rBj/Hp' TO pe Y��p' / D.�o��s S,/f F�� Lot 5& 6, Block 2, •'lnnsbruck No�th 2nd Addition, Anoko County, Minnesota. , Sco%: 1��ZO' / hereby certify that this p/an, survey o� repo�t wos prepa�ed E�.RUD Q 80N8, ING. 9ook by me or under my di�ect supe�visian ond thot l om a duly LAND BtJRYEYORB oo9e � Regisfe�ed Lond Surve}ro� unjler the _/qws of the Stote of 9180 LEXINGTON AvE. NO. lob No. su�xs Minnes fo. Doted this "O�doy afMQV 19, 9 CIRGL.E PINEB, MINNESOTA Registrot o. 9BD8 bbm14-362b TEL. �86-b666 WR ��94-01 Paul Harstad ., ��t�t •:� �� 1��,� y� f' _ •.. . :- '�, �%` E • P- t;,,`"�`�� ' �� ;;• ,�^� e -•�.,.,E �t � x,,� � ., � . r ,' `;�,'�l� � �,�%•s � -n• � ~ •v �� '\'� � � �►. tJ� �% ,.r l�� _, l� � s ' l�� ° �4� r �� ' � (�� ,,� � � _ �:�� j l �� , R � , ,.� ..; � ,. � � • !'.;.,:. ,,..;,,. s ,i Y , � �, �' r �� j' ' « � �,re 1� r lA1 .. .s .+ `g��Jl� . r w p � �� ~.. �'a' � � �' �- � : ...-�-1��'i� �-0��f�;4� �r � yf/ � ` , a. a �' ``�. 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'�� ,��/"' �' � Ge�i O � � � �:�,�r.�. e �F . - - -- �� `, � i � , �"�-- 1.. � ��. . �� '' +?N ' �, � C,� �� ` �j� � ,�� a (W � (i�) � p 'v �'►� �M r %:1 : j ;� r �`• e. .f' �' i' t. : V i? ,. (/I% 'S i� ��%/�. (Ifi � (') , lo �. .�` �".°• � � � ♦• �. C�� 9• � 1a�� 7,+'" 6, t y�� n (p� °'' .� • . �„� � � �M ' � � (M 4+ �.,, i* ' � ��.. 'r + l�� i « �. "rwrs.;v� ='. � �.`" � ! •..,.. ��+'�l � -'�., _ I ./I � p'I 1, - � ; !��'_ �___ � J� �R) �w+i�i'�YI. � ` I - �`t� 13.18 (_ QCATION MAP WR ��94-0] Paul Harstad i � Y � . . . . _�+',;�D'�h'S' -: -� .� �F�� .�� : ,' . i ��'� I �,�r'°'1 v`� i � --- __- ___�.._-i� ? GARD[IJ A P � N' e -. t: f� c< . � >.,�e1��f ��V�� i -" T - -- - ----- IB.39 4: 4: GZ'i �,C,.LJ�C'�S� ��V I 9 / �'�� x: � "'f F � PN-' _ _� A�n�rioM , _ , � � �� . ' �; � s .. 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O _ , . , r Z ` . ~ ~ , JZ \\\` • /./ �� \�\, 1� R�J11 �- �� : � ��i � � �' � _ , � � � ��O � � < �jT N � 7_; Q ✓�., _ ./ �. T 0'-- � ,� � T .--� 1� � Z./ 0 1N � C� rJ . ��' \\p t�� 3 ��q-�F � ,� �� i � � Fi V . \ } f. , ' �-i � � f �- { � �� -�_ .= � , � h = ? � , " I � 13.19 ZONIIVG MA,P rvr ; r..3IL�l FiCS��L�C� � � I ' .:-.i�. '\i��,: ,:` �: ;i r /.:i;: `�'� : 1 :;'; � � `= � \� i `j\1 .`� : :�;`'. �' ,� �::�:�: : !: ; � �� "til' ti NORTH `.,;>; �± 1 � :� .� �. � '�� ;!;:• :1,.._. r;:. ..�` _ ;; �,. ':'� , �' �{�'; �:_ �':.' � �(v';_• �: :�..:....�. . . 1 �::�` , .� ' y,`.-�0.: ''.�i:: �S )•p' .��• .__,�';� -j �•...��.'.' _ -� `, :Q _ : �•. --:._ � ,..:. � � .' , / ...� �_ _ `.�`, ./�_`•..`..� ��'��: �`:•:�� ''. . •�'. . ./.. �i•C ' : . '. , . ;� ,-} �:.'•::�: -..� �..;_,`:�:•. . +uc.,: .. :�--; � ' l•. � �?}:•'>:: ^' � 1.\'.�i`. � ...�:/�� '/,'�.. ; , +li= r'i ., '_ . :. ``% ;: , ��.'•'/ .:'•!�A�;: � r t 1G2.5 a I 'p� r r� �� • . . • • �"��•�C ��►:i. <: N WR 4f94—Ol Paul Harstad . . . � F.{�jS`,� . 9y . �� .. Sc iaC,S �\, � � PaEA ( � , i �� , ;� � �. �_� � . , � � �� o - *1 / .;. �.: r � !Q p �o \':; •- ti<x-,.,-� . � �.- . " �,.�:• � � p �, �� 'i . ;•: `i`�t� : �! j.��j. 2 '� \ 6 / O t ti:� =:�' .� '_�',r�.� `.', A�• o � 6, rl'h � ^a. i:' • , `' %'<:: :_ �F •. `,, � 1� .k61'S f,oS.1 / `� : . .�r �.'� `: :-•.-' ��.`'• : ` � '• \ / r `L,10• �j�_,� _ , :�Yti.- :'�':.�:?j•'i;.,••. < T�, 1k ..'�. `� ,;::'' -` �:::. � %. ` �oais �i � �� T'' ' �ti :�r �'��: .-.,�,��';,`�.';';�._ , / .4!^ ; _ `\ , C� ,;..� _\� , v^ . ` `` .. . ..5: ✓.�'�%'�n�::i;.'•' �/ �C ,`:• ,�`. ��. '�..i:; `•.�' �oa O � �� / .1� i.:. .. •.�'_.'•.` 0 . ry • , '`,', • `,•.• ,oto ) / . \��:� '��' � ' :. ;.c ` `•>':- �� o.. ;•` �. "� �: '± s � CYump Co[fo� ood,. � ��t ` �. .' �'• ' , \ ' � ,w / �! / \ -r.; •- ;l ��`' _ .:i� 7��'.�:;�: � .!Q s . t:'+•'`'`.�. :S.' ..� :.C•1.1��. \ •+lOI.4 / 0' `4J / -� :: ��\ �\' ' `i :• � � � .. _ ..� � �/ . /°\ -';.=�:`'�,. .��, � +fo4.� .� ' o � �..` ' / 9, 5 � y � +104.4 �d `��' 'V/1� ` / / ` G� eV,` �� . � ° /� +loZG Ook/ G° `at�o � A � � /o� W�� 7 Rod Ocn�s 1J" � � \ `r a' • A6 / �r_ �r � � ,�� u� � _ � � �y �1 s7 • � � � o�� i Na rES : � �R ' � / � .Z %a 1 con/oa. .i�1�'./0/ �%1'JVTC� j'rifico/ Oo/�� , — Dc�ofc.r Erirtii�y Ce�/o�� ia 6 ° � +, ..r � �, p��o��r P.op��s ce�re . L� Oc�e%r P�opo,rod E/crol�oo �u.o 1 , zaaa s9. F,� o�wB�� fo �� ,��i� / p-i�--� D.�ol�J S./f Fti�� Lot 5& 6, Block ?•'%nsbruck North 2nd Addifion, Anoka County, Mrnnesofo. 13. SITE PLAN : � For. �Gai�h H�r$t,�d 0 �' N �o�o;rc:i 1'�l� 1 ' � � � � �ra�SN-ci lCQ��ACZVr� � � i � i i `, i • � : i � �S � .i,� =��;- � �� /' '� � `SS �`�i O � � r_.�, ,op,0 � - i - � !i �O r�0` � ��'. : i .-.� . � ,j ��,Z J . : � . . � j +��.�� \,`� �• , � :� � :_/ /� . ;_ .� \�\ ` , r� = ,�,::�� . .• , ,. � �.. \�� - �� ' t�ozs ; ;� ._ :•; -.�. . . _-..,• . .� � }% �; _ �..:_ :;: : �,:;: , I NORTH j: ;: _ �� - �� -_ �� "J�` � � 600 �',r��' �;,�,.'�`��:: J;FQ`; ', :'� � �, .`ry��0 ti °. � � , ._ � / . / ' ' �� L � �� o +109.0 I +107.9 , �o O% u.iAC swm a.� � � \_ � � no\ � " Gump Coft�u , � �� o +,oi.+ / ,o,` 4'"�� WR ��94-01 Paul Harstad RGPLr�CGMLN'I' PLAN / Fx�Sf;� 9 tio�s e � �EA � \ ,yGp�cO �ent Are \ // � +10.T 8/ / . / � / � 6� � / � ' ,�p`� kb`�,� / +�osz / r ' ,�k1� / �� ,■ � / �o � p • / � /� ` �� b°. � _:�� -'` �: Ir +104.1 1 /� �, �`, � � / L �� `:` ` \ � :; I` , /' •(k,J'k 91 � .a �t°, ct • 9 �0 [ �L 4 / p �' �� +104. S ��. 19�� , � �,� �^� `�o�° �o�c / �2��0 s�. t1. u^ ' � v� r �`^c , �� `" � � 6.. � +; 16 � ok/ ;ta�5 ' �0 �.,z; ��,.�.,i �1� � ' N Q��e.?�y k � �-l�z.� w�i�� ?r��..t � ` la me�� /oa 1 � � Raa o� e' � �'Ja<: �; Va�r ICtv�� "t', ��j.� � I 1lj��1� . 5.7 . �, � k� / /Yo TES : t^ pp i � � ,nZ �'aa/ /co.,/oui �i�/�i/o/ {` / �rS,fvTCO Y��f/CO� OO�/!1 / — Ocnofcs Fxisfii�y Co�/o�.i �- /06 t70 .J � �t�o/�.r ropa,rc Co.� aai �` � // Q Ocnole^s PioPa.red E/evolio� ��.o � i .�840 �S'9. Ff. o/��ya7��isv� �o �r �:/�� / D��of�s S,/f F�� Lot 5& 6, Blc::� 2, •'lnnsbruck i�'o�th 2nd Addition, Anoka County, Minnesota. 13.21 SITE PLAN ` �� `� / � � > z L_ m :¢ W VIiF � Of O 2 i7 A z 1-� �2�� i �' �� NILIC.RE$T 10 11 ., � �i ��APDQV4 V1 Q J F � N 04NVBE '� Rp n' �s d 16� .� � _ ry •' f � i.='„ � r i N �� NEGiS T � v s � 15 � _ � �o _ a � �N �+ K � N � � W Q 1 �. R V' W 1�� a ) _ ANE � � o � � � ; 4. i � � v �� o� r WR ��94-01 Paul Harstad nv£NUF. y KRiSTI N COURT is" a �c",_� � � : W O 2• N 1z. � • '. 6� ( . .: U Y U .7 Q m N z ? - 15��- a ,�.. _ -• _; . � �. E— � — �e- � � � v 2 1n PRIV LINE � W � � O 4 W J� � 5p pgERLIN C�R. m r= v ':Q � r Q W. BA�[ CI 0? ..t �r' ��" �S � P ' '' . Q �� . �a y m �� 3 � 4 ss , £.3RE � J� BA1C pqSS `X.Lr'.ENNEk � �� FAS� „'-694 - y V � • . n .�E 3.��?� �-: ,. ,a NEIGHBORHOOD SUBWATERSHED M . �. .• 11 :� I,At�ID A%.7�ATION P�liIT 1. APPLICAATT: �t�/'7!15T4 J'' f-`-0 /��" > x�caEZPr # ��' �- � ' ,�.— � �. Na�ne �O � TC��L�1�D�� -� DATE � —/� - � " � Address ' � �� %� F'EE S Telephone N�unber r � •,� • �•� • i�• �,1�-/�-/_�1j' ��:�J/.i `i4/t9fs' Pk�tne ��3 T��"��;;�� t� street Ar3aress �� , �� -�.. � l;:�t;%✓ �'r��:/�,�-:�;!r^'J�;rri S`j/,.,. , City, State Zip Code /' �� -��3 �r'f=� Offioe Phone Acme Phone j�, _� ;:�; / Z I3atne Street Address City, State Offioe Phone � • ..�. �• • �• • • •,�.• �•� • : r• �� r . ..- Hane Phone Lot fi� Block � Tract ��1/S�'2�c� G'JD �; �"��/;f�, E� ty State � �. �• • • � � n � �• • • � � �+�7�Tiii r . ..- ��LG �nT� �� J ��'��T �p�� n P/��%/�',.1%�� f%�iR�%%� —' ��"�%�l�� 'G° I�� f �' s �J /G �iFi�' ��E'�� ,�'od'` ��;�s' �fi�'�.�T;�',l�C�sG%��i s . �vx� oF r�,rm �w�oN : i �T� r� -- �-:PG� . /�✓.%�~' � � � ? "�' � 6. VAI�IE OF WC�tR � BE PIItF�iP�: $ �� 7 • 90URCE AAID �4t'�SITI�O[8 OF FILLi �/'�/�'��/ c•_; "`� •.�- '" �/.r :,' " /U'� �/�F .� ' !i "/c�'"'��'.-•^ //�/;�;�G//ll �/!�AY %.�.. , , sUi%p' r" , ,= � ,,, 6. PROrPOSF.D STAR`rT*' = DA'lE : �' _ � �` . � �ZON Ll�'IE : _ 13.23 9. ATTACI-�NNIS (Information Nee3ed to Properly �aluatE .>�plicatioril : Ttie following plans, drawings, calculations, bonds and/ar statanents will be required by the Public Works Depart�ner►t. r. Aalf section map or sketch of praperty showing all adjacent property ind.icating the exisiting buildings and/or structures. ! Grading plan showing exisiting and proposed finished contours and eval uations. ._. Drainage plan showing exisiting and proposed drainage structures, stabilization walls, retaining walls, cribbing, daQns, or other protective itesns. _„ Calculations for and approxi�te quantities of excavation and/or f ill required. _ Si�ed staten�t from the prvperty owner acoepting responsibilty for the operation and granting permission for land alteration/mining operation. _ Statene�t to be attached to deed advising of potential need for soil tests prior to ar�y oonstruction on lots where�additional fill material has been plaoed. _ Rioe Creek Watershed District Appraval fIf Applicable) Soil Borinas (if reauired) _, Other 10. STTPtTI.ATDONS - RF�,D BEF1Cl�tE SIGNING AP'irLICATDON: a. A surety bond or oeritified check in the amount of S (5$ of value of work to be oa�leted) must be submitted after approval of application and prior to any work commencing. This bond or check is to ensure satisfactory performance and campliance with the below stated stipulations. Tl�e surety bond or check shall be kept active until the completion of work and%or expirati on of permit and can only be released by wtitten notification of the City after a satisfactory final inspection has been perfozmed by City foroes. b. All acoess and street frontage of the land alteration site must be controlled by a fence, a miniimm► of four (4) feet in height. A11 entrances must have gatas that are capable of being locked. c. Only rock� sand, gravel, dirt, or similar natural earth f ill is peimitted. No ooncreter asphalt, or denolition wastes will be pezmitted as fill 1�� a de�nolition landf�ll permit is first ot�tained fran Aroka Co�mty. d. Operations shall be limited to daylight hours and shall not interfere with the health and safety of surrounding residents and the prenises shall be maintained at all times so as not to create a nuisanoe. 13.24 e. Any explosives used must be cbne so in accordance with Chapter 212.3, p3ragraphs d, e, f, g, of the Fridley City Code and any other applicable standard e.g. Federal, State, Indust.rial, etc. f. At the end of each season's operations and no later than the iaSL c.iay of D�cember each year, the site is to be left in a neat and orderly condition, with maximum slopes of 2:1 with no averhang or vertical banks and with a level bottan. g. On the Friday of each work week, or when required by the City, m�terial from this operation that is found to exist on City streets shall be cleaned to the City's satisfaction by the applicant. h. Upon can�letion of land alteration operations, the land must be left acoording to the plans and contours submitted with this application and planted with suitable vegetation to prevent erosion. i. Upon completion of land alteration operations or expiration of this permit, an inspection by the City will be made of the prenises and adjoining streets. Any damage f ound to have been caused by these c�Qerations will be corrected by the applicant upon notification by the City. Applicant's Signature: '/ �! /�� D�te: '(' - Property Owner's Sic�ature Reco�nnended For Approval By: -� APPf�C7VID BY: /%�1�� T �i'y � � ''�f• �►P �• • i1' � • 13.25 Date: Date: Date : s^' �l `` � I.4t�ID ALTg2ATI0N FE.F� 50 (�bic yards or less . . . . . . . . . . . . . . . . . . . . . . No Fee 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . 510.00 101 to 1000 cubic yards . . . . . . . . . . . . . . . . . . . . . . 15.00 1001 to 10,000 cubic yards . . . . . . . . . . . . . . . . . . . . 20.00 10,001 to 100,000 cubic yarc3s - S20.00 for the first 10,000 cubic yards plus S10.00 for eac� additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - 5110.00 for the first 100,000 cubic yarcis plus S6.00 for each additional 10,000 cubic yards or fraction thereof . 200,001 cubic yard5 or more - 5170.00 for the first 200,000 cubic yards plus 53.00 for each additional 10,000 cubic yards or fraction thereof. I.AAID AL7£ftATIO�N C'RADII�G P£RMIT Fi�55 50 Clibic yarc3s or less . . . . . . . . . . . . . . . . . . . . . . 510.00 51 to 100 cubic yarcis . . . . . . . . . . . . . . . . . . . . . . . S15.00 101 to 1000 cubic yarcis - S15.00 for the first 100 cubic yards plus S7.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yarcis - S78.00 for the first 1,000 cubic yards plus �� &6.00 for each additional 1,000 cubic yards or fraction thereof . � 6,� ��: . ( -----�-.�L 10,001 to 100,000 cubic yards - S132.00 for the first 10,000 cubic yardsl � plus S27.00 for each additional 10,000 cvbic yards oz fraction thereof. ;' f p � c 100,001 cubic yarcis or more - 5375.00 for the first 100,000 cubic yards�- _ plus S15.00 for each ac3ditional 10,000 cubic yarcis or fraction thereof . `_� 5/1/4l3 13.26 .l�'"� .� u.. � � � �f, -•:�". �. ' �.. ..w j',h r=. "„` r'� -� .• a�+ � �- ��.�� ` .'� J^ ' �.,i,.�i r� ` ��.'�Qft�f �'`' �� .i' , �`�s�/`°r� � 0 ,��'° ! y e3 �. r' / �, ,_,�!" '! "`►• �' f y �•. � � . °� J i � f� ! `- .`�" � l ` '' ` _ �"`„�.,� � �` �• �' I � ,v'!G � % l �t Q � �1 �, � 4` � / \ ..`` ' �!' 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M � � . . _"' ' ', . _ . �_ _ . _ , 4 ��',. jt . . . . �r . . ��r: ,y.. .. .. . . �. ,._. ' "'_ . '._.. .._ _.. _ _ .. .... _ . '�. �� .. .. . . _ � ,. , . ; - �. . . RECEIPT � /j� ii o �ridC� � � _, . -.;iry 4ve. N.E. . .:y, ...�,n^so,;; 55432 i��t=C�!VrD OF " ;�.7D�ESS FOR Tel. 571 •3450 p i� � � � � �� F. __-__�__ '�'..��;tiD DPT/�DIV ACCOUNT /v/ I � � � 7U l�9 � 'G AMOUNT GLF PROJ /n .� � v RICHARD D. PRIBYL Treasurer gy � >��,1:_�v � '/� 19c� � No. �'7 � 2 , ,� 1 FLATPqK�T � MOORE BUSINF55 FOR'n5, �NC., - rv 13.28 _�--------- - �. , -- . � C�� F FRIDLEY pIRECTO RATE OF PUHLIC WOF�K8 fViEMORANDUM T0: John G. Flora, Public Works Director P�986-365 FROM: Ntark L. Burch, Asst. Public Works Director DATE: December 24, 1986 SU&]ECT: Vacant Lots on East Danube R�ad �_-1 r '' o.°• °.o 00 00 � .�{�4 r- -' 1�� lae have been working with the owner of two lots on East Danube Road (Lots S and 6, Block 2, Innsbruck North)' to complete the site grading and establish a silt fence to protect an existing ponding area. . I met with the owner and his subcontractors on the site again on Tuesday, IIecember 23, and reviewed the requirements for site develogment. They are planning to build a home on Lot 6 and will do the necessary excavation along the pond and install the silt fence before building the home. I expect to meet with them again next week before construction begins. A�,B/ts 13.29 STATE OF G� 1[� [� � � �Q DEPARTMENT OF NATURAL RESOURCES PHONE NO. 296-JSZ3 1200 k'ARNER ROAD, ST. PAUL, MN 55106 FILE NO. March 9, 1987 Mr. Ken Briggs HARSTED DEVELOPMENT COMPANY 2191 Silver Lake Road New Brighton, MN 55126 RE: FILLING TO DRAINAGE EASEMENT LIMITS - LOTS 5 AND 6, BLOCK 2, INNSBRUCK NORTH 2nd ADDITION, CITY OF FRIDLEY Dear Mr. Briggs: As we discussed at our March S, 1987 meeting, no DNR permit is required to place fill to the drainage easement limits for the above referenced lots. Pez'mits may be required by the City Qf Fridley, Rice Creek Watershed District, and/or the USCOE for the work however. Feel free to call me should you have any questions. Sincerely, \ -� _ . Jo Linc 'ne / Ar Hydrologist T 0 REGION DIVISION OF WATERS L44idv cc: City of Fridley Rice Creek WSD USCOE AN EQUAL O�Fi�-R�I�11TY EMPLOYER 13 �v .�� « �� ; _ �d.�l✓rr '" . , : ,�, . , � �- Harstad Companies May 11, 1994 Mr. John Jaschke Wetland Management Specialist Minnesota Board of Water and Soil Resources 155 South Wabasha, Suite 104 St. Paul, MN 55107 Dear Mr. Jaschke: This letter is written subsequent to ow telephone conversation of May 10, 1994. Harstad Companies is scheduled before the City of Fridley Planning Commission for a public hearing on May 18, 1994 regarding a request by us to alter an existing wetland. Briefly, it is our intention to fill wetlands on a lot that was originally platted in 1977. We are anxious to begin construction on this lot as soon as possible. We would like an interpretation of the Wetland Conservation Act to deternune whether or not we qualify for an exemption to the permanent rules. In order to begin the approval process, we submitted a Wetland Replacement Plan. However, in the event that we qualify £or an exemption, Harstad Companies prefers not to abide by the proposed replacement plan and relatecl sabmittal process. The time delays and added development costs would be excessive, in our opinion, for one platted lot. In addition, it is questionable whether any wetland replacement would benefit the naturat environment; the two proposed on-site locations for repiacement would require cutting down a stand of trees and mitigating in an area that was previously filled for home construction during the late 1980s. We have already paid for a delineation, grading plan, wetland narrative and replacement plan. This letter is written specifically to request advice for the following questions: 1) Is exemption #24 (or any other exemption) appropriate for this particular case? 2) If an exemption is appropriate, is Harstad Companies still required to submit all the information requested by the City of Fridley and Rice Creek Watershed including, but not limited to, 100-year floodplain calculations, a revised grading plan, a wetland easement, a cash surety, and soil boring information? 3) If an exemption is appropriate, is Harstad Companies still obligated to a five year monitoring pian? 4) If an exemption is appropriate, is Harstad Companies still obligated to any replacement of wetland? ��`` � ��'� 13.31 .,,,,�,,,,. �9(� Silver Lake Road • New BrighWn, Minnesota SS I 12 • Phone 636-3751 a�9i REAITOR• Harstad Companies The following points are mentioned to help you make a thorough assessment of this case: 1) Please see the enclosed letter from Rice Creek Watershed dated Apri129, 1994. They are requesting information on the 100-year floodplain level, including a revised grading plan showing that the lowest floor elevation is at least 2 feet higher than the 100-year floodplain level. Since there is a storm sewer outlet on site, it seems apparent that the elevation of the outlet is also the floodplain elevation. If that is true, then it would follow that the proposed contours of the house pad, as shown on the grading plan, are well above the 2 feet minimum. 2) It may be worth noting that Lot 5 was filled in 198 in order to build a house. Lot 6 was not filled at that time because we did not have plans in the near future to construct a home on that lot. However the fact that the City approved our plan to fill Lot 5(and gave us a fill permit) may be evidence to suppart our viewpoint that Lot 6 was also an approved, buildable lot. 3) Our original pernut application (#93-61) with Rice Creek Watershed was submitted in 1993, before the permanent rules took affect. The request was tabled due to the substantial reporting requirements. 4) Both lots are recorded, platted lots on file at the Anoka County Recorder's Office. 5) Both lots have City sewer and water stubs. 6) We have recently applied for a 15 faot front setback variance for Lot 6, which will reduce wetland impact bt approximately 9U0 square feet. Please advise either myself,lVfichele McPherson at the City of Fridley, or Kate Drewry at Rice Creek Watershed on how to approach this challenging case. Very Truly Yours, HARSTAD COMPANIES ,, � �--<.( Paul W. Harstad _'� � , , �.,,: �✓r�% cc: Michele McPherson Kate Drewry enclosures �%�Ar\� _/-/�7 2 '�:��il 3AOR) Silver Lake Road • New B1ri pT(�t�}� Fiinnesota 55112 • Phone 636-3751 � ��N P' 'Y 2 fll� R E AlTO R` , __— �� , � � BOcIPd Ot � Water & Soil Resources May 18, 1994 Mr. Paul W. Harstad Harstad Companies 2191 Silver Lake Road New Brigh;oq MN 55112 Dear Mr. Harstad: Southbridge OfTice 8uilding In response to your letter dated May 21, 1994 (see attachment) I oFfer the following 155 S. Wabasha Street specific comments and answers to your questions after making one general statement: Suite 104 St. Paui, MN 55107 The local governmen: unit (LGLn, in this case the city of Fridley, makes Wetland ts�2) 2ss-3�s� Conservation Act (WCA) decisions about individual replacement plans and exemption Fax (612) 297-5615 determinations. Fie�d ottices Responses to your questions as numbered: Northern Region: 394 S. Lake Ave�ue Room 403 Duluth, MN 55802 (218) 723-4752 Fax (218) 723-4794 3217 Bemidji Avenue N. Bemidji, MN 56601 (218) 755-4235 Fax (218) 755-4201 217 S. 7th Street Suite 202 Brainerd, MN 56401-3660 (218) 828-2383 Fax (218) 828-6036 1.) Exemption #24 may or may not apply. It is up to the LGU to view the evidence and make an interpretation based on the rule. 2.) If the project is exempt from the WCA the only requirements are that Best Management Practices (BMPs) be implemented (e.g. erosion control measures) and for Exemp6on #24 that fhe impact to the wedand be minimized. However, other local zoning and permitting requirements may require that you submit additional information. 3.) 4.) If the activity is exempt, monitoring is not required by the WCA. If the activity is exempt, replacement of lost wetland is not required by the WCA. Your best course of acfion is to present your exemption evidence to the LGU and request Southe�n Region: an exemption determination. If they deem the project exempt a certif'icate of exemption P.O. eox �ss will be issued. If it is deemed non-exempt you will be required to follow the sequencing H�ghway is S. an� replacement requirements of the WCA. New Ulm, MN 56073 (507) 359-6074 Fax (so�) 35s-so�s If you believe the LGU has made an incoriect determination based on some unresolved �20o s. a�oaaWay scientific matters you can request that the Technical Evaluation Panel (TEP) investigate Room �aa and make a recommendation to the LGU. If you believe the LGU decisions are not in Rochester, MN 55904 compliance with the WCA Rule you can appeal the LGU decision to the Board of Water (50�) 2s5-�as8 and Soil Resources (BWSR) as per the process described in the MN Rule 8420.0250. P.O. Box 267 14QQ E. Lyon Street !+•�arshall, MN 56258 (507) 537-6060 Fax (507) 537-6368 Metro Region: Southbridge Office Building 155 S. Wabasha Street Suite 104 St. Paul, MN 55107 (672) 296-3767 Fax (612) 297-5615 An Equal Opportunity Employer Printed on recycled paper If you have further qvestions our agency needs to address please contact Jim Haertet, Board Conservationist, at 297-2906. attch. Sincerely, � John Jaschke Wetland Management Specialist c: Jim Haertel, BWSR Michete McPherson, City of Fridley �' Kate Drewry, Rice Creek WD 13.3� C. TOM FISHER 5477 E. Danube Rd Fridley, MN 55432 May 18, 1994 City of Fridiey Fridley Planning Commission 6431 University Ave Fridley, MN 55432 Re: Wetland Replacement Plan WR #94-01 Dear Sirs: I have received notice of a hearing this date regarding the above matter. In addition to my personal appearance at this meeting I wish to submit to you this letter setting forth my objections and concerns to the proposed plan i.e. the filling of wetland area (not to be confused with the developers request for a variance to which I have separate objections). I live directly across the street from the proposed lot alteration. My objections cover three main areas: 1. My perception that filling this wetland area will materially affect the drainage and water table on and around my property and as a result may cause potential physical damage to my structure as well as lost property value. 2. The removal of a wetland area and the wildlife that inhabits the area. 3. The fact that, in the past, I have found representations made by the developer and the City, for that matter, to be unreliable based on my personal experience. I personally do not trust the developer to adhere to restrictions that may be placed upon him by the City and I doubt the City's resolve to enforce those restrictions. DRAINAGE AND WATER TABLE PROBLEMS As you should know the pond or wetland area in questions currently drains the surrounding area. An inlet pipe is located on the north end of the pond. An outlet culvert runs from the pond, under East Danube Rd and along my northerly property iine to dump into an area behind my house and short of Farr Lake. The water from this pond drainage remains on my property in the rear unless there is enough excess water to cause it to flow across 13.34 -.^e �ootp�th and into Farr La�e. "'r�� „o^c ^oid� a coi�siae�-a�:e a�noui�t of water it.self z�rior to =�'s L�sli.g to the J.evei wnereby it drains toward my property. �i:ling part of '��e pond will reduce it's nolding capacity and result in more drainage toward Farr lake and onto my property. The resizlt is to have the excess pond water sitting behind and on my property on a more consistent basis. During times of heavy rain. I experience pressure on my basement area from water which drains into my sump. Much of this is probably due to the slow rate of runoff into Farr Lake. Filling ±his pond partially will cause this problem to occur in dryer times and increase the problem in wetter times. In addition in wetter times, Farr Lake has risen to and above it's banxs because of slow draznage causing the water behind my house to stand because of the high level of Farr`Lake. The result of �ii'_ing the pond in part or whole is to increase the flow of water toward my home because of the pond's now reduced holdinq capacity. If Farr Lake is full this situation will materially increase the potential for damage to my property by backing water now �n the pond into my backyard and potentially into my lower level. I feel it is the City's responsibility to me to protect my situation as a considerable taxpayer over many years as much as it is your responsibility to allow someone to develop his property. I am mindful that conflicts of property interests can be settled in the courts and that the City can be held libel for actions that cause damage to my property. I am told that Mr. Farr would �ike you to buy his iand if you don't want to allow him to go aheaci. In all seriousness, I request that you buy my house if yau allow him to fill the pond and accept the responsibility yourselves for the potential d�mage to my property. WETLAND HABITAT: I think enough has been written about the value of wetlands and *he environment that I need not bore you with this arguments aqain. RELIABILITY OF IiEVELOPER: I built rr.y horne in 1977. At tha± time the prope;-ty I believe was gurchased from Keith Harstad by my builder. My builder told me that the pond could not be built upon as it was a designated wetiand area. In additior_ I asked Harstad himself about these iots wnen I purchased a Iot from him on West Danube Rd. Harstad toi� me the lots in question could not be developed. He also told me that the West Danube lot I purchased would accommodate any house I wished to build. When I provided my plans to him, he informed me that only a house of his design could be btiilt on the lo.*_ and not the type Z had designed. He did re£una my purchase money. I built instead on the East Danube lot I now occupy 13.35 ��ying o_-: the representations that t'r:e iots across the street could nc} be cieveloped as Z could see the potential drainage p*_�obl er.i. i*ao or tnree :aears ago, the �resent developer or Keith 'rIarstad, or both began to fili the Iots in auestion and reduce the size of the pond (Since that time I have deveioped water in my sump area which I never had before). I complained to the city and they said that Harstad (Keith or Paul) had been given a permit to do a Iimited filling of the area. When the inspectors came out they told me that Harstad had overfilled the area. Thereafter I fo1_lowed dump trucks from a nearby Harstad development and watched them dump excess fill on top of the fill already placed on the lot, resulting in mounds of dirt, unsightly and full of rock, concrete and building material. I complained again to the City and I was told the fill wauld have to be removed. Paul Harstad met with me and told me that he had not dumped the fili. but it had been dumped by a maverick hauler. I, however, had foilowed the trucks from another Harstad development. The mounds of dirt have never been removed as the City said they would be. The lot is mowed about twice a year and is generally unkept. Needless to say I have lost a lot of faith in representations made by the parties in this matter. SUMMARY ' Since I already have been notified of a hearing about a propased variance for these lots, it.is little wonder that I have the suspicion that whatever I and others say here is only window dressing and your decision has already been made. Therefore in the eventuality that you decide to grant the request to fill part of the pond, ? request that you provide me with information on the next steps available to me to appeal your decision. I request this information in a timely fashion as I fully intend to pursue whatever procedures are available to me. Yours ly, � /'G�'`---- C. Fisher 13.36 06/03 /93 Mr. Pete Fryer Montgomery Watson 545 Indian MOund Wayzata, MN 55391 Dear Mr. Fryer, It is my understanding that you will be involved in the approval process for permitting fitling of a wetland on East Danube Road in Fridley, where Mr. Paul? Harstad would like to develop more lots for home construction. I would like to provide input against further development in this drainage area. In 1977, I purchased a lot bordering the next pond up stream from the one Mr. Harstad now wants to fill, from Keith and Diane Harstad. My lot required fill in order to make it "buildable", which Mr. Harstad did per the purchase agreement. NaturaIiy, Mr. Harstad filled the lot with the least amount of earth possible to qualify it as "buildable". As a result, my house is the lowest on the series of drainage ponds bordering West Danube Road and East Danube Road. This leaves my family with the highest risk of a flooded walkout level. Of course, the city of Fridley had to approve the location of my foundation. Under direct questioning, the city engineer declared the lot and foundation "high enough to avoid flooding for 100 years", as long as the drainage system remained intact. He assured me that the city would ensure that development would never be allowed that would jeopardize existing properties via alteration of the drainage system. He also explained how my pond drained into the next and so on to Farr Lake, which drains somewhere else. Each pond must be left large enough to be a basin for local runoff, in addition to accepting the flow from the next higher pond as its water level reaches the overflow pipe. I feel at risk from the filling done already on East Danube Road by the Harstads, and believe that further filling only increases the risk. Several years ago there was a series of rains which raised the water level in my pond so that it overflowed up onto the lawn. Another six inches of water and it would have been in the family room. This suggests to me at least that there is very little margin for error in the decision process on filling the pond on East Danube. I am very concerned that public officials might choose to take a chance on this issue, under pressure from the Harstads, and I will sooner or later be alone in suffering the consequences. My concern is so high that I would sell my house before the probable flood except that my family and I truly love it here; having done a lot of the building ourselves, we have a very personal commitment to it as"home". It may be irrelevant now, but the eartiest residents of this neighborhood claim to have been assured by the Harstad agents that these ponds would never be filled in for housing. Many thought they were buying into a"nature area" where the ponds would be left wild. Needless to say, greed has won out every time so far. Dare I hope this is not another chapter of the same old story? Thanic you sincerely for your consideration of my input on this matter. Very truly yours, Sue Williams 13.37 April 16, 1993 Tom and Barb Fisher 5477 East Danube Road Fridley, MN 55421 Dear Mr. and Mrs. Fisher: We have received your letter dated April 6, 1993.. While you addressed it to Mr. Scott Erickson, Assistant Public Works Director, he has asked me to respond to your concerns. In 1990,, the State of Minnesota passed a law which proteets wetlands. The intent of the law is to have "no net los.s" of wetlands. This expands the numbers and types of wetlands to include those which were not protected by the Army Corps of Engineers, the DNR, or the US Fish and Wildlife Service. Prior to any further work commencing on the vacant lots across from your property, the wetlands on the property must be identified and delineated. Mr. Harstad will need,to hire a private consultant to accomplish this. If draining or filling of the wetland is to occur, Mr. Harstad will need to develop a plan to mitigate the damage to the wetland. This plan will need to be reviewed by both the City and the Rice Creek Watershed District. A permit will need to be issued by the Watershed District prior to construction �beginning. � At this time, we have not received any permit applications from Mr. Harstad or any other builder for these lots. We are aware that Mr. Harstad has contacted the Rice Creek Watershed District regarding permits, however, they have requi�ed identification of the wetlands as well, in compliance with State Law. If you have further questions regarding this issue, please contact me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant C-93-86 13.38 April 6, 1993 City of Frid_+ey 643I University Ave NE Fridley, MN 55432 AtLn: Scott r.rickson Engineering �ept. Dear Sirs: TO� A�D BAR� rIS�HR 547? E. DANUB� R�_ FRIDLNY, M� 5540� � (^ �� y � a � �� ` � l ;. I am writing in regard to two vacant iots across the street from my residence at 5477 E Danube Rd. i had previously discussed this matter witn Mr. Erickson on.April 5, i993. ? thought it would be wise to put my comments in written form to preserve them for your and my use. I have lived at my present address since 1978. Initially T was told by•my builder that the iots across the street were not buildable because of city ordinances a.nci DNR restrictions since the lots contained a pond used by wildlife and constituting at wetland area. I aiso understood tnat the lots served a drainage function for the entire neighborhood ar.d a major drainage pipe runs from that lot under East Danube Road and a?onq my l.ot into Far�r i,ake . I understand tnat over the years, the owners, ?�eith Harstad, nis sons, and/or other nominees have attempted to se'1 the lots and/or build on tne lots. About two or three years ago, Harstad moved considerable amo��r_ts of fil'+_ dirt onto the lots from excavations on otner homes Ze was buiiding nearby. �o=tions o= ��e wet?and area were fiiied ir and � and my r.eighbors anxiousiv cal �ed:the city. At that time we were zoid t�at, wnile a certai*� amount of ii �± nad been a? lowec� to be placed on the lot, t�ere haa been a considerabie amolznt over that placed on the lo't. ?'he ciry rorbade further filling ot the pond and so for three years we rave looked at mounds of dir't �yir.g on the lot. We were toid `hat HaYstaci was suaposed to move tne di}-t off tne lot but of course he r�ever did so. We werP toid that tnere had been unautharized �umpir.g o. �;�e iot but a�? the trucks I ever saw dumping were trucks we fol�owPd back to a Harstad building deveiopment a mile or so away. Now I:�ave beer. to � d by a contractor that he is going to buy thesA lots from Harstad. �ie sROwed me a plat r.-�ap �.:^at i:ldic�tes a 20' drainage ea.sement behind one of tne ior.� ar�c a 4�` drainage P_,c'1S2TP.P_.T1t. h�'.!'1I1C1 L}le OtI1P_r 10} . !'�E a� SO t^:Ci mc� t-n�t- _']p�R1I7CJ prevented nim �rom filling the swamn ar_�i��- �,�cavating i_t anc 13.39 t_i iminatir.g a�'_ of t;�e s �andinv wate� :._. ___.� : y. ;�� ackn^w � edged 'ne wouid ha�=e to leave tne contou��s ta a��ow d?-air.age into rarr LaKe across ine street. rie toid me ne p�anner. �o � eave ii�e water on the 40' easement but I must say he did noL reei ne nad to do this. Fie snowed me tne plan of a nome ne proposed puiiaing. This home would barely fit on the lot witn the 20' easement and would come up directly on the easement lines on one side and in tne rear. He said the home would occupy the area that now contains water. I have several concerns. They are as foliows: A. Will and can the City guarantee me that alteration of a major nature such as is proposed will not cause more groundwater pressure on my foundation and passibly cause me to have water problems which I do not now have? How will the City make sure that drainage easements are protected and properly maintained? B. We have aiso been told by builders that soil tests showed that any home construction would require sinking posts to suggort the house foundation and such effort would make the lot and home too expensive. I was.told by the prospective builder that new soil tests were going to be made. I don't know if he has seen the old ones, or been told about them, but why would.anything have changed? I think the City should look very carefully at any new soil tests that suddenly show facts different than old tests. I am not interested in having a half-built home that sits idle because of water problems and soil problems that should have been foreseen: C. What about the wildlife that uses this area? What about DNR protection? What about the City's, County`s and State's needs to balance development against environmentai protection? I believe that the history of this lot is such that no one, in 1977, ever seriously thought they would or could build on these iots: D. What about tne noise and dirt that accompanies construction projects and is not expected in well established and completed neighborhoods? E. Wnat about the lengthy period of negiect of these lots and the illegai dumping on the lots? When will this be cieaned up? The present owners of these iots have never cared about City regulations and neighborhood well being. They only cut the weeds and stopped filling when it was demanded. Why should we believe anything they tell us now? I wisn to be advised of any permits issued i�y the City regarding these lots. I want the City to protect aIl of legal rights available to. me so I may raise my objections to plans for development of these lots before such plans are approved. F wish to be notified as to whom I should call if I havA further concerns reqarding these lots. Finally, as a citizen and taxpayer of the City, I expect tne City to or�ly issue permits for construction on this property after the City has ful:ly examined the history of the lots, the soil tests, both current and 'nistorical, and ti-�P 13.40 :j(�-r��=_.=._ (,7c3Lc..�� rir:J:J1°Tl1S .-�� 7��.r�r _ C. Jr=_O� .. �,-�,; W�._ , C:�LaJ�11Si-�� _, T!t�-'lq�?�;(J�.= . _- - assista..�c-. I wiil giadiy do w=,aieve_ h�ip i.^. this matter. Yours truly, C. Tom Fisher 13.41 ..._�:? � ,-?',:5;_. i0� ±i1T-i 011?�?C]1P_C CG^ �C ,_ _ ,.�.7": �' t*1 rf' nP T` lle 1 ii O1' r t��e �.��ty fee� s± shou�d to CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 18, 1994 ________________�_________________--------__�____________ y______ CALL TO ORDER: Chairperson Newman called the May 18, 1994, P nning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dean aba, Diane Savage, LeRoy Oquist, C nie Modig, Brad Sielaff Members Absent: Dave Kondri Others Present: Barbara acy, Community Development Director Miche McPherson, Planning Assistant Pau arstad; Harstad Companies Fo rest Harstad, Twin City Townhomes edd Mattke, Mattke Engineering Ed Dropps, Cypress Development See attached list MOTION Mr. Oquist, seconded by Mr. Saba, to approve the May 4, 1994, lanning Commission minutes as written. � A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE ION CARRI$D UNANIMOIISLY. l. PUBLIC HEARING• CONSIDERATION OF A WETLAND REPLACEMENT PLAN, WR #94-01, BY PAUL HARSTAD: Per Section 205.27 of the Fridley City Code, to allow the filling of a wetland for construction of a single family dwelling on Lot 6, Block 2, Innsbruck North 2nd Addition, generally located at 5470 and 5490 East Danube Road N.E. MOTION by Ms. 5avage, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLl�,RED TxE MOTION CARRI�D AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the subject parcels are generally located near the intersection of East and West Danube Roads, east of Matterhorn Drive, and south of North Innsbruck Drive. This request comes as a result of two actions--one at the state level and one at the local level. In 1991, the State Legislature passed the 1991 Wetland Conservation Act (WCA). This Act is an attempt to limit the loss of wetlands to no net loss. The City adopted the 0-4 13.42 PLANNiNG COMMISSION MEETING MAY 18 1994 PAGE 2 Overlay District which is the Wetland Preservation District. This basically put the State Statute into a working document that the City can use to enforce the State Statute passed in 1991. Ms_ McPherson staied the petitioner is requesting that this replacement plan be approved to allow the filling of 2,800 square feet of Type 4 wetland. The replacement plan proposes to create 2,500 square feet of Type 4 wetZand. Ms. McPherson stated the petitioner has also applied for variances `which will be heard by the Appeals Commission on May 24, 1994. Ms. McPherson stated the subject parcels are zoned R-1, Single Family Dwelling, as are the surrounding parcels. This particular subject parcel has had a lengthy history regarding to the wetlands located on it. The earliest documentation was in 1973 in which the property owner in developing the area requested that the assessments for water main, sanitary sewer, and street construction be reduced on these particular lots due to the fact that they might not be buildable due to the presence of wetlands. Ms. McPherson stated that in 1977, the DNR declared that the wetlands located on these parcels and other parcels in the Innsbruck area would fall under.the DNR's jurisdiction and would require permits from the DNR prior to dev�lopment. Ms. McPherson stated the remainder of the documentation occurred in the late 1970s, predominately in 1977 and 1978. In 1986, the City issued a land alteration permit to Hearthstone Homes to fill the properties from the front property lines to the drainage easement located 20 and 40 feet from the westerly lot lines. In reviewing the plans submitted by the petitioner, staff determined that the filling did not occur to the extent that would have been permitted under that land alteration permit. That land�alteration permit expired on December 31, 1986, and the City has not issued any subsequent land alteration permits. Ms. McPherson stated staff reviewed the aerial photos located at the Municipal Center. In 1977, the aerial photo showed that an extensive Type 3 or 4 wetland was located on both 5470 and 5490 East Danube. The 1981 aerial showed that filling had occurred on a small portion of the wetland on Lot 5 which is the northerly lot, and in 1985, no further filling as compared to 1981 had occurred. Ms. McPherson stated that in 1993, staff inet with the petitioner on site as a result from a complaint from a neighbor. The petitioner was informed at that time that he would need to comply with the 1991 Wetland Conservation Act prior to the issuance of a building permit. Ms. McPherson stated the petitioner is proposing to fill the lots in order to construct single family dwellings on both Lot 5, 5490 East Danube Road, whzch was filled previously, and Lot 6, 5470 East Danube Road. Lot 6 will receive the most impact for the wetlands. 13.43 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 3 Ms. McPherson stated the petitioner has submitted a Wetland Delineation Plan as well as a Wetland Replacement Plan. Ms. McPherson stated a Type 4 wetland is located on the subject parcel. Wetlands of this particular type are characterized by open water with a depth of 2-3 feet. Vegetation associated with this wetland includes cottonwood, black willow, dogwood, reed canary grass, and pinkweed. This wetland is also part of an overall drainage system for the neighborhood. Ms. McPherson stated staff has determined that the subwatershed is defined by Matterhorn Drive on the west, Gardena Avenue on the north, and I-694 on the south. Water flows west from the wetland west of West Danube Road, under West Danube into the subject we�land, and out of the wetland under East Danube Road into Farr Lake. In addition, Farr Lake also receives storm water from Black Forrest Condominiums and the North Innsbruck Townhomes. Ms. McPherson stated that in the petitioner's wetland replacement plan, staff.reviewed the requirements of the O-4 Wetland Overlay District which has been adopted by the City and which includes the requirements of the State Statute. The petitioner is missing eight items which are required as part of the submission of the wetland replacement plan for the impacted wetland: 1. Wetland location with a public land survey coordinate of the wetland center - 2. The overall size of the wetland including that portion not on the subject parcel 3. The wetland type as defined by USFW Circular 39 and National Wetland Inventory mapping conventions 4. A soils map or soils information provided by soil borings 5. The size.of the watershed draining into the wetland area 6. Location of inlets and outlets 7. A map or written description of the land use within one mile of the watershed 8. Evidence of ownership Ms. McPherson stated staff inet with the Rice Creek Watershed Administrator, Kate Drewry, on the site on May 10, 1994. They were able to speak with one of the neighbors at that time. The Administrator supplied staff with a second delineation plan that had be-en submitted by the petitioner in April 1993. � The two delineations did not match; and on May 11, 1994, staff conferred with the City's consultant, Peterson Environmental Consulting to do a visual site visit of the subject parcel to determine if the 13.44 PLANNING COMMISSION MEETING MAY 28 1994 PAGE 4 delineation submitted by the petitioner is accurate. The consultant coniirmed that the delineation submitted by the petitioner is accurate and would be acceptable as far as the Statute and ordinance. Ms. McPherson stated staff reviewed the sequencing requirements of the wetland ordinance. Any developer wishing to fill or drain a wetland needs to go through five steps to minimize or avoid impact to wetlands. The petitioner did provide three alternatives which would avoid impact to the wetland: 1. Choose not to build on Lot 6. 2. Construct a home on pilings on Lot 6. 3. Build a smaller home on Lot 6. Ms. McPhersbn stated the petitioner dismissed the first alternative using the "takings" argument that he would not rec�ive the economic return he intended to receive when he first purchased the property. � The petitioner also indicated that there is an exemption in the State Statute which applies to �latted properties which have improvements and/or infrastructure installed or having local site plan approval, conditional use permits, or similar official approval by a governing body or government agency. Ms. McPherson�stated that while this particular parcel does have : utilities stubbed to it and there is infrastructure which would :�� serve this particular lot, the petitioner did not apply for a building permit or land alteration permit within the window that is permitted in the State Statute which is from July 1, 1986, to January l, 1992. Staff is reluctant to extend this window outside the five year window defined in the Statute. Ms. McPherson stated the Board of Water and Soil Resources (BWSR), the state agency that wrote the rules for the State Statute, wvuld have the regulatory authority to make the interpretation that this parcel would be exempt from the State Statute based on that particular exemption. Staff is taking the stand that the exemption does not apply to this parcel. Ms. McPherson stated the second alternative the petitioner presented was to construct a dwelling on pilings. The petitioner stated this would be a cost-prohibitive alternative and is not an accepted way of constructing a dwelling uni�. The petitioner did not submit expert testimony from a structurai engineer to support the statements he made. The petitioner should submit such information from a professional to support his argumen�. Ms. McPherson stated that in the third alternative, the petitioner stated that a smailer house would not fit into this particular neighborhood nor would it meet the City's minimum house size requirements of 1,020 square feet. The petitioner stated that a house size small enough to meet the setback requirements and to i 3.45 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 5 avoid all wetland impacts would need to be 15 feet by 45 feet. The petitioner is correct that the house would not meet the minimum dwelling size; however, if a front yard variance was granted by the City, the petitioner could construct a house pad of 30 feet by 50 feet which would eliminate most impact to the wetland and would allow the petitioner to possibly fall under the 400 square foot exemption which is in the Statute and the ordinance. Ms. McPherson stated the petitioner also did not explore the use of retaining walls to reduce the amount of fill needed around the dweZling unit aZong the rear and side walls. Ms. McPherson stated that in terms of the wetland replacement plan, the last item staff reviewed was the information submitted and the replacement ratio proposed by the petitioner. The State Statute and the local ordinance require that replacement be at a minimum rate of two acres created wetl.and for every one acre of wetland which is impacted. The petitioner is proposing a wetland replacement rate of less than l:l if no setback variances were. granted by the City. If the setback variance is granted by the City, the petitioner could meet the 1:1 ratio of one acre of wetland created for every one acre impacted. Ms. McPherson stated the petitioner also did not submit approximately eleven items which are required as part of identifying the replacement of wetland and also the monitoring plan which is required to monitor the created wetland for a five year period after the wetland is created. Ms. McPherson stated that as the petitioner cannot meet the 2:1 ratio, the City cannot approve the replacement plan as the State Statute and the local ordinance require a minimum replacement ratio of 2:1. Ms. McPherson stated staff recommends that the Planning Commission recommend denial of the replacement plan as it is proposed based on two findings of fact: 1. Feasible and prudent alternatives exist which avoid impacts to the wetlands (Section 205.27.05.D.(3)). 2. The proposed replacement ratio is less than the 2:1 ratio required by Statute and local ordinance (Section 205.27.10.D). Mr. Sielaff stated that the Environmental Quality and Energy Commission reviewed this proposal at their meeting on May 17, 1994, and passed a resolution agreeing with staff's zecommendation and stipulations. Mr. �`a�l Harstad stated that he is representing Harstad Companies. He stated this is primarily a procedural matter. They are well aware that they have not met the very stringent requirements of the Wetland Conservation Act. They are asking for the Commission's i 3.46 PLANNING COMMISSION MEETING, MAY 18 1994 PAGE 6 denial, and then the next step will be to appeal that denial to the State Board in the hope of receiving a very specific exemption in the law_ It is regarding the fact that utilities are stubbed to the site, the lots are platted, etc. Mr. Harstad stated that in the event that they do not receive that exemption, they would then have to find feasible and prudent alternatives as described by staff_ If they determine that a smaller house size as suggested by staff is not sufficient for homes in this neighborhood, then they would challenge the law at the state level. Mr. Harstad stated that subsequent to the Wetland Replacement Plan, he also sent a letter to Ms. McPherson dated April 29, 1994, in which he requested a 15 foot setback variance for Lot 6 and a 10 foot setback variance for Lot 5. The purpose of this variance was to minimize the impact to the wetland. He would still like to proceed with the variance request. If they receive the variance as requested, they would be reducing the fill area from 2,500 square feet to 1,900 square feet. Mr. Harstad stated floor plans were submitted, along with the Wetland Replacement Plan, one of which was designed in early 1986 that was to fit on Lot 5. The proposal by staff to build a two- story house should be considered, but it would probably be a two- story house without a basement, making it very difficult to sell in Minnesota. Mr. Newman stated he appreciated Mr. Harstad's candor as to his intent for this request; but if Mr. Harstad needs to build a record for his appeal to BWSR, he is invited to take advantage of that opportunity and supplement whatever information he has already given the Commission and those in the audience. Mr. Harstad stated staff has stated that there are a number of items that were not included in their Wetland Replacement Plan. They are aware of that and are� happy of the fact that the Commission will deny the request because they are not meeting the 2:1 requirement. He would have a difficult time if the Commission tabled this request until they were able to submit all those other items. Some of those items are time-consuming and costly, and they are not sure at �his point that they will be required to submit them prior to receiving a decision from BWSR. He stated he had no further comments. Mr. Bob Horeck, 5505 West Danube Road, stated he lives on Lot 9, directly behind the stated lots. They built their house on this lot in 1974. At that time, they were promised that Lots 5 and 6 were unbuildable and were going to be declared as wetlands and were going to be left as wetlands_ He stated they purchased this lot because they wanted to live by. the woods and they wanted privacy which they have had for 20 years. They spent five years trying to get Lots 5 and 6 declared as wetlands; and in 1991, they were declared as wetlands. He stated nothing has really changed, except 13.47 PLANNING COMMISSZON MEETING MAY 18 1994 PAGE 7 for the construction that was done by Harstad in 1992. Approximately 20-25 truckloads of dirt were dumped primarily on Lot 5. Mr. Horeck stated they have the Iowest lot in the neighborhood. The road on Lots 5 and 6 is roughly 10-15 feet higher than his back yard. If those lots are filled in, all the drainage has to come into his back yard. The soil is solid clay, and clay does not absorb the moisture. Since the fill happened in 1992, they have had water problems. They have to run their sump pump constantly to keep water out of the basement. Right now, the water is almost at the highest it has been in years. By filling the back yard of Lot 6, it would greatly jeopardize their property, and it would be in direct disagreement with all the things they have been told in the past. Wetlands should not be declared anything but wetlands. Mr. Horeck stated his recommendation. is that the Planning Commission not take any action or just table the discussion and require Mr. Harstad to meet all the .requirements. Quite frankly, he would like to see this drag on for years. Mr. Bryan Steppe, 5528 West Danube Road, stated these lots are. wetlands, and he is concerned about the drainage. Even if there is some kind of wetland replacement, that doesn't mean the drainage is going to work properly. Ms. Sue Williams, 5568 West Danube Road, gave the Commission copies of a letter she had written to Mr. Pete Fryer regarding further development in this drainage area. She would like it included with the record. She stated she purchased her lot in 1977 from Keith and Diane Harstad. They told her that Lots 5 and 6 were wetlands. Mr. Keith Harstad had to fill a little bit of the edge of the pond to make her lot "buildable". Mr. Keith Harstad is responsible for the level of her basement. He, along with the Fridley City Engineer, assured her that the drainage areas of the pond were not that big and that even with a 100 year rain, the water would not come into her basement as long as the drainage area was maintained. Ms. Williams stated her basement has already been jeopardized, and filling Lot 6 will further seal her doom when the next 100 year rain comes. She hoped the City would feel responsible if she sues the City for a wet basement, because that is what she will do. She will also get the names of everybody invoived and make a civil suit for everyone who makes such a decision. It is just criminal that the Harstad Company appears to be able to do whatever they want to do. The Harstads promised that these lots would remain wetlands, and she is tired of all these broken promises. She would appreciate it if the City would not let them do everything they want to do anytime they want to do it. Mr. Nor-man Nault, 5535 West Danube Road, stated that in-1992, the Harstads did fill quite a bit in the lot behind him. Prior to that time, they never had any water problems in the back yard. Two weeks ago when there was a heavy rain, the water was about l0 feet 13.48 PLANNING COMMISSION MEETING, MAY 18, 1994 P�GE 8 from his walkout. The Harstads promised these lots were going to be wetlands. The Harstads have not paid taxes on these lots, because they were declared wetlands, and now they want to develop them. The Harstads want a denial so they can appeal it, so they can find a sympathetic body. And, if they get the variance, they caill not even have to fill Lot 6. Some unsuspecting soul will buy a great house in a great neighborhood, and then later they will realize the problems when they try to sell it. Ms. Darlene Blank, 5544 East Danube Road, stated her family moved here in August 1993. Their lot sits right on the wetland, which is a home to all kinds of animals, ducks, birds, frogs, etc. They wanted to live in a community that was like living in the outdoors. Her youngest son is an avid hockey player and has enjoyed skating on this wetland in the wintertime. She would hate to see this area which is now being used by children and being appreciated by the neighbors developed because someone wants to make a profit off the land. Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly across East Danube Road from Lot 6. The Ha�stads received a permit to fill this lot in 1986. He stated that regarding the filling in 1992, he called the City at ieast twice and someone from the City came out and he showed them where the fill was taking place. He watched the trucks dump on that lot. He complained to Mr. Harstad. Subsequent to that, additional dumping was done so that they now have mounds of dirt piled on the lot. He called the City again and asked for someone to come out and look at the lot. He was told by a City staff person that the Harstads could not overfill the lot and just leave piles of dirt there and that the piles would have to be removed. He stated nothing has been removed, and the piles of dirt are overgrown with weeds. He would like to know who gave the Harstads permission to fill in 1992. If no one did, then should the Commission be listening to representation from Mr. Harstad? Mr. Fisher stated the people represented at the meeting were told by Mr. Keith Harstad that these lots were wetlands and would never be built on. He purchased his lot from a previous owner and buiit his house in 1977 after being assured by Mr. Harstad that the lots across the street would always be wetlands and were unbuildable. It is hard for the neighbors to believe that the Harstads are being harmed when the neighbors were told by the Harstads that they did not plan to build on these lots. Mr. Fisher reviewed the drainage from the wetlands under East Danube Road between his house and the house to the north to Farr Lake. The outlet does not outlet into Farr Lake. Surrounding Farr Lake is a walking path. The outlet is about 15-2o feet short of the walking path which makes the water dump into his back yard. He buil� a berm around his back yard so there is a kind of wetland area that surrounds his back yard and fills up from this pond. When it fills sufficiently, the water begins to dribble across the path into Farr Lake. The problem is that in a 100 year rain or 13.49 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 9 even before that, Farr Lake does not drain out as fast as it drains in, and the water starts backing up into his back yard. If the pond is made smaZler and even if they let it drain, all he is going to get is more water in his back yard. And, if Farr Lake is not draining, then he has a serious water problem. Mr. Fisher stated that prior to 1992, he had a sump in his basement with no pump and never had any water in the sump. Since the fill was dumped in 1992, he has to take bucketloads of water out of his sump all the time. He can only see more problems if more fill is allowed in this area. Mr. Fisher stated he is asking the Planning Commission and the City Council to consider one other serious point. Do they make good Mr. Harstad's expectation that he can build on this lot to the detriment of al1 the neighbors surrounding the property, or do they consider the citizens who live here and had certain representations made to them by the Harstads? Who has the rights here, and where are the City's liabilities? It may be a.catch-22 for the City, but he believed the City has some liabilities they need to seriously consider. Mr. Newman asked Mr. Fisher to check his notes to see if he could find the name of the City staff person he talked to in 1992 and notify Ms. McPherson. Mr. Fisher submitted a letter dated May 18, 1994, which he wrote to the Planning Commission which reiterated some of the things he has been talking about. Mr. Roman Zawnirowycz, 5527 East Danube Road, stated he lives across from Lot 5. He moved there in 1986, and he has not had any contact with any of the Harstads. Within a year of 19.86, a large area in Lot 5 was dug out as if a house was going up, and then the entire area was filled in. Since that time, mounds of dirt have been dumped on the lot. He submitted some photos for the record. He stated this is a beautiful area, and all the neighbors want it to remain that way. They are all concerned, not only about the beauty of the area, but about the drainage problems which were not really addressed in the staff report. Mr. Zawnirowycz stated he also started having water problems in his basement about 1992. He has records of people he has hired to fix water drainage problems. The drainage problems seem to come from the overflow from the area across the road. When it rains hard, the water level rises and floods all the back yards on his side of the street where Farr Lake is located. Ms. Pat Freeburg, 5557 East Danube Road, stated she also started having water problems in her basement when the lot was Filled in 1992. -Last week.she had a tree replaced and when they�dug down, they could see water. Because of the fill in 1992, it diverted the natural drainage and it is now coming under East Danube Road, seeping through the lots. 13.50 PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 10 Ms. Freeburg stated she is also concerned with setting up two wetland areas that are smaller than the existing wetland. The area now supports a certain amount of wildlife. If that wetland is cut into two smaller wetlands, ignoring all drainage problems that would be created, they will have defeated the purpose of having the natural wetland area. Mr. Boyd Herdendorf, 5467 East Danube Road, asked if the Department of Natural Resources has done any evaluation of the effects of filling wetlands on Farr Lake or if there are plans for such a study. If no�, he would suggest that a study be done. The wetland performs an important filtration system. If the wetlands are filled in, the water will run directly into Farr Lake carrying heavy sediment and debris that would come through an�r culvert system and it would tend to pollute Farr Lake quicker. He believed there might be some environmental impact on Farr Lake because of this. Mr. Norman Nault, 5535 West Danube Road, stated that if it appears that Lot 6 was filled in 1992 with no permits from the City, can some action be taken against the Harstads? Ms. McPherson stated that if the City finds that filling was conducted illegally, the City can require the person.responsible to remove the illegal fill. Mr. Bob Horeck, 5505 West Danube Road, stated that about four years ago, he received a variance from the City to enlarge a deck on the back of his house which brought it next to the culvert that runs between Lots 5 and 6. The culvert actually comes out at.the back of his garage which is about 70-80 feet from the road and runs.for another 70 feet through the back yard as drainage into the pond. When applying for the variance, he was informed by the City that there would be no construction through the back involving the culvert and it would remain that way. If any of Lot 5 and 6 is filled further, it will require that the culvert that drains between Lot 5 and Lot 6 over to Farr Lake be connected to the culvert that goes across West Danube. Such construction would require coming between him and his neighbor such that it would require tearing down his deck. Mr. Roger Hertel, 5501 West Danube Road, stated he did not understand why a variance is even under consideration. The Harstads have not been good neighbors. He built here in 1977 and it was also represented to him that Lots 5 and 6 would remain wetlands. Mr. Newman stated that by ordinance and by law, any property owner can make a petition to the City as long as the appropriate forms are fi�led out and the fees paid. Mr. Newman stated the people in the audience have made some very useful observations and provided some very helpful information to 13.51 PLANNING COMMISSION MEETING, MAY 18. 1994 PAGE 11 the Commission. He stated that regarding promises made to them by the Harstad Company, the City has to be very careful in making its decisions that it is not trying to enforce private agreements made between private parties. While it is certainly useful information, to the extent that there are claims by the buyers against the Harstad Company because of certain representations, those concerns might have to be addressed privately and not through the City. Mr. Tom Fisher, 5477 East Danube Road, stated he believed these comments are being offered as to the credibility of the person the City is dealing with. Ms. Darlene Blank, 5544 East Danube Road, stated she would like to see this item tabled indefinitely until Mr. Harstad can get all the required information. MOTION by Mr. Saba, seconded by Ms. Savage, to receive into the record the following: (1) Letter from Sue Williams dated June 3, 1993, to Mr. Pete Fryer; (2) Letter from C. Tom Fisher dated May 18, 1994, to the City of Fridley Planning Commission; and (3) 19 photos. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE PDBLIC HEARING CI�OSED AT 8:35 P.M. Mr. Oquist asked what would happen if the Commission tables this item and the petitioner then satisfies the eleven items that are required. Ms. McPherson stated the petitioner's application would then be complete in terms of ineeting the separate requirements o� the requirements that need to be submitted for the wetland delineation of the impacted wetlands, as well as the replacement plan and replacement of wetlands and the monitoring plan which is a five year plan which must be submitted by the petitioner. Ms. McPherson stated that regarding the public's request to table this item.indefinitely, under State Statute and local ordinance, the City must make a decision on this request within 60 days from the date of public hearing publication in the Focus News. That publication date was May 10, 1994. Mr. Sielaff stated that if BWSR grants an exemption, where does that put the City as far as denial or approval. Ms. McPherson stated that if BWSR grants an exemption from the State Statute, Mr. Harstad wauld not have to replace any impacted wetland. As far as the City is concerned, the petitioner would 13.52 PLANNING COMMISSION__MEETING, MAy 18, 1994 PAGE 12 have to comply with the land alteration permits and get a permit from the Rice Creek Watershed District. The City or the adjacent property owners could appeal BWSR's decision (a petition of 100 names is required) to the District Court. Ms_ McPherson stated that under State Statute, any decision regarding any wetland replacement plan is not enacted until 30 days after the date the decision is published in the Environmental Quality Board Monitor, and that decision is maiied to certain state and local departments and anyone on the mailing list who requests notification of said decision. Ms. McPherson stated that any residents who want to be informed about the action taken by BWSR should contact her and she will forward that list to BWSR. Mr. Oquist stated that City ordinance states that any development cannot create any more water runoff after the development than before the development. How does the ordinance affect this r�quest, because any fill is going to cause more runoff? Ms. McPherson stated that portion of the ordinance would be reviewed during the building permit application.process. Mr. Oquist stated it sounds like the Harstads brought in fill illegally on Lot 5. Until that has been investigated and corrected, Mr. Harstad should not be allowed to proceed any further. Ms. McPherson stated the City does not have any formal record of any application made for a land alteration permit for Lot 5. The City received a complaint saying that there was filling on Lot 5. When staff inet with the petitioner on site, there was not any evidence of new fill being placed on the lot. At that time, the petitioner was informed that he would need to comply with the 1991 Wetland Conservation Act. She stated she was one of the staff members who visited the site in 1993 after receiving complaints from a neighbor_ At that time, she made a note to the Building Inspection Department that no permits would be issued for these particular parcels. Mr. 5aba stated that over many years, they have all learned a lot about the quality of wetlands. He believed the ordinance the City has adopted is a good one and will serve the City well . He would like to see Wetland Replacement Plan, WR #94-01, strongly denied based on the City's wetland ordinance and testimony received at this meeting. He did not think tabling this request for two months would accomplish anything. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council denial of Wetland Replacement Plan, WR #94-01, by Paul Harstad based on the City's O-4 wetland regulations and the following findings of fact: 13.53 PLANNING COMMISSION MEETING MAY 18 1994 PAGE 13 1. Feasible and prudent alternatives exist which avoid impacts to the wetlands (Section 205.27.05.D.(3j). 2. The proposed replacement ratio is less than the 2:1 ratio required by Section 205.27.10.D. 3 The Wetland Replacement Plan application is incomplete. Ms. Modig stated that in her opinion, the petitioner has set up the Commission to�deny this request, so that he can appeal and override the City's decision. The neighborhood clearly does not want this. She will only vote to table the request. MOTION by Ms. Modig to table Wetland Replacement Plan, WR #94-01, by Paul Harstad. MOTION DIED FOR LACR OF A SECOND. Mr. Oquist stated he agreed with Ms. Modig that they have been set up. After hearing the neighborhood's testimony, he did not see this company as a good neighbor. Unfortunately, the City's hands are tied. If the Commission tables the request, they have to act on it in 60 days, so their only option is to deny the request. He stated th� 1992 filling of Lot 5 has to be investigated and addressed as there seems to be a real violation there. Ms. Savage stated the Commission really has no other option but to deny the request. Tabling the request is just delaying the inevitable, and they have to Zet the process move forward. It is pretty clear that an adequate record has been made, so they should let the process take its course. Mr. Saba stated that if the community is informed about the BWSR hearing, he would encourage the neighbors to repeat their testimony at that hearing. A neighbor recommended that the City use the same mailing list of residents within 350 feet to notify them of the BWSR hearing. Mr. Sielaff stated the Commission needs to send a strong message that the Commission supports the City's wetland ordinance. Tabling the request might make the Commission look hesitant, and he did not want anyone to have that perception at all. Ms. Modig stated her motion to tab3e the request was not to say that she did not strongly support the wetland ordinance. The reason she made the motion to table was to try to make the petitioner submit�the 11 items missing from the wetland replacement plan. UPON A-VOICE VOTE, MODIG VOTING NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED. 13.54 PLANNING COMMISS_ION MEETING, MAY 18, 1994 PAGE 14 Ms_ McPherson stated this item will go to the City Council on June 20, 1994. MOTION by Mr. Oquist, seconded by Ms. Modig, to ask City staff and the City Council to investigate the improper filling of Lot 5 in 1992. UPON A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON NEWMAN DECLARED TAE MOTION CARRIED UNANIMOIISLY. Mr. Newman stated staff has recommended that the next three public hearings be consolidated into one to alleviate confusion during the public discussion. � t.Vl`1J1LL�i\L"111V1`I vr r� rtcnL.iritivtitcx rL��l� Y.J, y4—V4 t3Y r�U �5'1' HARSTAD OF TWIN CITY TOWNHOMES: To replat Lot 6, except the East 650 feet thereof a except that part lying West of the Northeasterly right-o -way line of the Outer Drive of the State Trunk Highwa , Auditor's Subdivision No, 25, Section 24, Township 30 N th, Range 24 West, Anoka County, Minnesota, and Lot 7, exc t the East 650 feet thereof and except that part thereof ing West of the Northeast right-of-way line of the Outer D ive of State Trunk Highway and except the South 55 feet of e West 150 feet of the East 800 feet thereof, Auditor' 5ubdivision No. 25, Section 24, Township 30 North, Range 24 West, Anoka County, Minnesota, and Lot 8, except the st 800 feet thereof and except that part thereof lying est of the Northeasterly right-of-way line of the Outer D ive of State Trunk Highway, Auditor's Subdivision No. 25. This property is generally located at 971 Hillwind Road .E. 3. CONSIDERAT To vacate that part Subdivision No. 25 a Northeast Quarter o Township 30, Range � lying between the fo: feet northeast ly described LIN 3. point on the ast lir. 24 West, d' tant 18: thereof; ence run 39 minut 45 second� from no h to west) a to the right at an a. a distance of 244.00 2 to%be described; t: 90,�earees 00 minute •r�w �M�s: o Lots 6, 7, and 8, all in Auditor's i lying in the Southwest Quarter of the the Southwest Quarter of Section 24, �, Anoka County, Minnesota described as lowing described LINE 1 and a line 40.00 of and parallel with the following ,It�IE 1 is described as commencing at a � of Section 24, Township 30 North, Range .30 feet north of the southeast corner iorthwesterly at an angle of 78 degrees from said east section line (as measured distance of 4081.10 feet; thence deflect gle of 90 degrees 00 minutes 00 seconds feet to the point of beginning of LINE ence deflect to the left at an angle of : 00 �P_(`nnc3� a r3 i�tanr-P nf �7R ti�, foc�t - t,ence c�etlect to the right at an angle of 25 degrees 44 nutes 00 seconds a distance of 980.13 feet and said LINE 2 here terminating; thence continuing northeasterly from the point of termination of said LINE 2 at an angle of 90 degrees 13.55 ( � � i Community Development Department PLANIVING DIVISION City of Fridley DATE : June 10 , 1994 � TO: William Burns, City Manager �� FROM: SIIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-04, by Paul Harstad, 5470 and 5490 East Danube Road The Appeals Commission reviewed the variance request at its May 24, 1994, meeting. The request is in two parts: (1) to reduce the front yard setback from 35 feet to 20 feet for 5470 East Danube Road; (2) to reduce the front yard setback from 35 feet to 25 feet for 5490 East Danube Road. The petitioner has requested the variances in order to reduce the impact to the wetland located on 5470 East Danube Road. The Appeals Commission voted unanimously to recommend denial of the request to the City Council. Staff has no recommendation regarding the variance request. Attached to the Staff Report for the Council's information is a list of front yard variances granted from 1986 to 1993. MM:ls, M-94-276 t � S TAFF REP 4 RT Community Development Department Appeals Commission Date Planning Cominission Date City Council Date APPLICATION NIIMBER: ♦ VAR #94-04 PETITIONER• ♦ Paul Harstad for Keith Harstad LOCATION• ♦ 5470 and 5490 East Danube Road REOIIEST• May 24, 1994 June 20.1994 ♦ Reduce the front yard setback from 35 feet to 20 feet (5470 East Danube Road). Reduce the front yard setback from 35 feet to 15 feet (5490 East Danube Road). The petitioner has also applied to the City for approval of a wetland replacement plan per 5ection 205.27 (O-4 Wetland Overlay Districtj of the City Code. The subject parcels are located near the intersection of East and West Danube Roads, east of Matterhorn Drive and South of North Innsbruck Drive. They are zoned R-1, Single Family Dwelling and meet the minimum lot area and lot width requirements of the district. The petitioner gave the following hardship: "To minimize impact on wetland and provide mitigation area." BACRGROUND• ♦ In 1991, the Legislature passed the 1991 Wetland Conservation Act. The Act requires "no net loss" of wetlands. Any wetlands that are drained or filled must be replaced. The Act requires "sequencing" of wetland impacts, and requires that persons wanting to drain or fill a wetland explore all methods to avoid wetland impact, including variances to the local zoning requirements. The petitioner does not intend to construct the dwelling units himself, but would sell the lots with any stipulations required by the City. Staff Report VAR #94-04, 5470 Keith Harstad Page 2 ANALY3IS: and 5490 East Danube Road, by Paul Harstad for 5490 East Danube Road (Lot 5) ♦ Section 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right- of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Located on the subject parcel is a Type 4 wetland. Filling of a portion of the lot was authorized by a 1986 land alteration permit. At the May 18, 1994, Planning � Commission, neighbors testified that illegal dumping of fill occurred in 1992. The Planning Commission requested the City to investigate potential enforcement action. The petitioner is requesting a variance on this lot in order to "blend" the proposed dwelling at 5470 East Danube with the existing dwelling at 5544 East Danube Road which is located to the north of this lot. The dwelling to the north of the subject parcel is located at the 35 foot setback and is located 20 to 30 feet from the side lot line. The dwelling to the south of the subject parcel, if granted a variance, would be 5 feet in front of the proposed dwelling, however, the subject parcel is wide enough that the dwelling could be placed farther north on the parcel to mitigate this impact. Stipulations If it is determined that the lot has been properly filled, denying the variance would not deny the petitioner the ability to build a home on the property, meeting the 35 foot setback. The wetland area would not be affected as well. If the variance is granted, the City would be acknowledging the petitioner's request to provide a"transition" of setbacks between the.lot to the south and the existing home to the north. If the City approves the variance request for Lot 5, the following stipulations are recommended: . - .� Staff Report VAR #94-04, 5470 and 5490 East Danube Road, by Paul Harstad for Keith Harstad Page 3 1. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 2. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 3. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 5470 East Danube Road (Lot 6) ♦ Section 205.07.03.D.(1) of the Fridley Zoning Code requires = a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right- of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Located on the subject parcel is a Type 4 wetland. This wetland has not been filled to the same extent as the adjacent parcel that was also part of the 1986 permit. The wetland covers approximately 50% of the lot. If the requested 15 foot variance is granted, the variance would reduce the impact to the wetland by 900 square feet (1900 vs 2800 square feet). The petitioner would be required to create 3800 square feet of wetland to replace that which will be filled. The petitioner's replacement plan proposes to create 2500 square feet of wetland. With the reduced impact created by the variance, the replacement would still not meet the 2:1 ratio required by statute and ordinance. The petitioner needs to revise the size and shape of the dwelling to further reduce the impact of the wetland and meet the intent of the O-4 regulations. The petitioner could reduce the size of the dwelling to 30 feet by 50 feet. Placed at the 35 foot setback, approxi- mately 450-800 square feet of wetland would need to be filled. This could be replaced by the proposed replacement plan. The petitioner would meet the R-1 and O-4 regulations. 14C Staff Report VAR #94-04, 5470 Keith Harstad Page 4 and 5490 East Danube Road, by Paul Harstad for A 20 foot setback will provide an area to park cars in front of the garage. Because the subject parcel is located on a curved street, there is a 13 foot boulevard along East Danube Road. The impact of the variance on the adjacent dwellings is reduced. The dwelling to the south of the subject parcel faces West Danube, therefore, no site lines would be impacted. The dwelling to the north would be five feet or slightly behind any proposed dwelling on this parcel. In recent years, the City has granted front yard variances to 22, 17.5 and 13 feet. These requests are within previously granted variances. Stipulations• ♦ If it is determined that the lot has been properly and legally filled, granting a variance to avoid wetland impacts would not be contrary to the intent of the code, because it helps to avoid wetland impacts. Denying the variance does not eliminate the use of the land, because a smaller dwelling size could be constructed on the property and meet the requirements of the O-4 district. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. 2. A wetland replacement plan meeting the 2:1 replacement requirement for any wetland impact over 400 square feet shall be approved. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 3. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 4. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. APPEALS COMMISSION ACTION: ♦ The Appeals Commission voted unanimously to recommend denial of the request to the City Council. 14D VAR �k94-04 Paul Harstad �. .ir � � , .. , Q, ♦ - * r ' ti � l�'�w..,�� • r �� l�,if � �;__�: �-�'r �' � ' ��r`'` ti� ,' �� , p,�v,s%•I�i -j 1� w l�� l � Z._ *, �r-� � '� �� Yl � � • � , 'r l� �� ° �1,�� lo� r„��`� ' (s� � �� i,;��+ � �/ 1� "l ` ��'�` �� R t � �� ; � � �~ ' � • ' /.I v /w'y.P Z y �� r � t .f. � / i,��. � 1" lli� � - • ' .r �g �,�,� . � . �„ � ' �� "' �., � � � � f � .,. .�. �' ° -• �a � � : � ' '^{. yj f' '�,, (h� � ''''"�" � � � `� r r -�. �) i (y�� ,� � C .�+��-�a �''�-0.• /S �ti •� � �� ) �rl ! 1 • `/ � 1 f 6 l�Y� y' 4ti �� y, �+ Q �� ` j�y � Q � , �'•i �`4'd� '0 �� s � � . 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Y..: . • �\�.i. �•�' y ;= :� •y�.'":.'" ...' 11 _ \ ` ; �Q. �.' � 1� �� :�-,\�� !.�� / );' ,�•� �\' �' /�. ,. �'-'.' � � . :�� ',`." �./.`:-,�''��•f�!�..�. + :t�:` �:1•. i,';`� ,� � ��'ll'. :�1� � •, ''/' `' ' �\`�1,�{\.� =.:1��'1. .�.�..� " +102.5 VAR 4�94-04 Paui Harstad �� .,� 4 ' �`,� / / � � :. f � ` � ' ,: � � 9" l/ow - � � i°4p � , t,o�.a � � �. � t107.9 �/' 0 ,oe. • � � � G+.tAc stam :..� ,� �.��..�.�..'. � . . . _ • �x,sr . �. . . . �� .�.�. � / � �EP N-0�� / � � ��G/ 00 � �� ' :;:� ° ��i �% ��'�` \ � / / r h• ~��% ��` ;. �. ' Z i `� / . Q � � ;Y;; : �i,•:`;S: � tT�' / (L� �, � ,.a�. �:, ' ;.:•.� •��:,t' �• F � � .0��0 'h +�osz � (� `� _ �`�'`�';�:•.-"` � ti 1 � / � 1 �_ - `�'•�:�:-•:i'�' "''�•�`'i:...-•:. y 1�y1�• , ., ` _ ., ... ,.:�,..,;;. •:�� / . � � /. -{.� /.,:.' 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Fridley, MN 55432 Re: Front setback variance and wetland replacement plan Lots 5 and 6, Block 2 Innsbruck North 2nd Addition Dear Ms. McPherson: This letter is sent along with an application for a vaxiance as we discussed on the telephone on Apri128, 1994. The purpose of the front setback variance is to reduce the impact on the wetland by moving the house pad on Lot 6, Block 2 forward as far as the City will a11ow. Consequently this variance request should be considered in conjunction with the Wetland Replacement Plan submitted on April 14, 1994. Variance To minimize impact on the wetland, Harstad Companies proposes a front setback variance of fifteen feet on Lot 6. This would result in a home that is at least 35 feet from the curb and is still well within the property line. Wetland impact would be reduced by a total of 900 square feet, for a total impact of 1,900 square feet. Harstad Companies also proposes a setback variance on Lot 5 of ten (10) feet. The purpose of this variance is to improve the curb appeal of both lots, so that one home is not set back significantly farther from the other. This would also create a nice transition to the e�cisting home to the North. (Please see the enclosed grading plan which shows the proposed setbacks on each of the three lots, including the e�cisting one to the North.) Harstad Companies would agree to an even larger setback for both lots if the City preferred. 141 Pad Dirnensions and Square Footage You also requested informatian regarding the square footage of the proposed homes to be built. Included with this application are two different floor plans, both of which could fit onto either lot. Currently, neither lot has been sold to a builder, since no one is sure what type or size home can be built. However both of these homes were designed specifically for these lots and neighborhood. Both are split levels with no full basement. The home with a three car garage is 1,283 square feet, requiring a building envelope 51 feet wide by 48 feet deep. The floor plan with a two car garage is 1,628 square feet, with a total building envelope 54 feet wide by 48 feet deep.. The home with a two car garage is sketched onto the enclosed grading plan and the wetland replacement plan in a reverse image. Harstad Companies no longer builds homes; we are strictly developers. Consequently we cannot commit to any particular floor plan. Perhaps what is more relevant is that the City establishes the maximum dimensions for a future home on Lot 6. That way when we correct the soil, we will know what size house pad to build, and when. we sell the lot, we will inform the builder of al� appropriate restrictions. Harstad Companies proposes a house pad on Lot 6 that can accommodate a home 56 feet wide by 50 feet deep. In addition, we propose a deck in the back, built on standard piEr footings, that is no more than 12 by 12 feet. The rear footings of the deck would have to be placed in the wetland to minimize filling of the wetland; or instead the area under the deck could be included in the replacement plan. A third alternative would be to allow some sort of elevated floating patio. Please note that the each of the two floor plans submitted show patio doors (assume a 12 foot deck) in different areas, and that one deck would not e�ctend from the building pad by a full 12 feet (due to a jog along the back of the home). The point here is that it is extremely important to have room for a minimum-sized deck or patio; without one, the lots are not salable. Please consider this as an addendum to the Wetland Replacement Plan and as a request for a setback variance as discussed. Specifically: 1) A 15 foot setback variance for Lot 6 Block 2 2) A 10 foot setback variance for Lot 5 Block 2 Please place this on the next available agenda and let me know if I can be of further assistance. Sincerely, HARSTAD COMPANIES , � � J �� .�.� �� Paul W. Harstad enclosed: application, fee, grading plan showing proposed setbacks, two floor plans 14J April 6, i993 City of rridley 6431 University Ave NE Fridley, MN 55432 AtLn: Scet± Erickson Engineering Dept. Dear Sirs: Tv� A�D BAR$ FiS��R 5477 E. DANUB� R�_ FRIDLEY, MN 5540� � �� .� �� ' � l, I am writing in regard to two vacant iots across the street from my resid.ence at 5477 E Danube Rd. I had previously discussed this matter with Mr. Erickson on April 5, 1993. i thought it would be wise to put my comments in written form to preserve them for your and my use. I have lived at my present address since 1978. Initially I was told by my builder that the iots across the street were not buildable because of city.ordinances and DNR �estrictions since the lots contained a pon� use� by wildlife and constituting at wetland area. I also understood that the ?ots served a drainage function for the entire neighborhood ar.d a major drainage gipe runs from that lot under East Danube Road and along my l.ot into Farr Lake. I ur.derstand that over the years, the owners, Keith Harstad, �is sons, and/or other nominees have attempted to sell the lots and/or build on the lots. About two or three years ago, Harstad movec� considerai�le amounts of fill dirt onto the lots firom excavations on otneY nomes :�e was Auiicing nearby. Portions of the wet?and area were fiiled in and i and my neighbors anxiously called tne city. P.t tnat time we were toid t�at, w�ile a certain amount of fi±l nad been allowed to be placed an the lot, t�ere had been a considerable amount over that placed on tne lot. The ci}y forbade further f i 1 1 ing ot tne pond and so for three years we have 1 ooked at mounds of dirt :yir.g on the lot. We were told �`-iat Harstad was suaposed *_o move tne dirt off tne lot but of course ne never did so. We were toid that tnere had been unauthorized dumping on tne lot but a:� the trucks I ever saw dumping were trucks we followed back to a Harstaci building development a mile or so away. Now I nave been told by a contractor that he is going to auy thes� ? ots from Harstad. 'rIe showed me a plat ma� �iiat indicates a 20' drainage easement behind one of tne lot.s and a 40' drainage easement behind the otner lot. He also told me that notning prevented. him from filling the swamp and/or excavat�ng it ar.c 14K ei_m._r,a�;..� ::__ �� ',:_.e s_and�ng wate- _-=�--,--;�. ::_ _.�.��izew�edged he wou±c _^.>;'e to '_�av� �ne contours to a:.iow drainage ir.to rarr Lake 3CrLSS L:!° SLr?F�t ..:.2 �OiCl TriP i:e �iannea . to !�3V° ��!° W3tE.,"_" 011 tne 40' easemer_t bu� I mus� say he cid not teei '.-�e nad te do this. He snowed me t�e �ian of a riome ne proposed pui�ding. 1'his home would barely fi* op the lot with the 20' easemenL anci would come up di rect 1 y on the easement 1 ines on one side and ir_ tne rear . He said the nome wou�d occupy tne area that now contains water. I have several concerns. They are as follows: A. Will and can the City guarantee me that alteration of a major nature sucn as is proposed will not cause more groundwater pressure on my foundation and possibly cause me to have water �roblems which I do not now have? i�ow wi11 the City make sure tnat drainage easements are protected and properly mainta.ined? B. We have aiso been told by builders that soil tests showed that any nome construction would require sinking posts to sup�ort the house foundatior_ and such effort would make the Iot and home too expensive. I was.told by the prospective builder that new soil tests were going to be. made. I don't know if he. has seen the old ones, or been told.about them, but why would anything have changed? I think the City should look very carefullv at any new soil tests that suddenly show facts different than old tests. I am not interested ir_ having a half-.built home that sits idle because of water problems and soil problems that should have been fores�en.� C. What abou.± the wi?dlife that us.es this area? What about DNR protection? Whai about tne' City's, County's and State's needs to balance development against environmentai protection? I be?ieve tnat the hist.ory of this Iot is such that no one, ir_ 1977, ever seriously thought they would or could build on these ?ots. D. What about tne noise and dirt that accompanies construction projects and is not exnected in well establiGhee and completed nei�nborhoods? E. Wnat about tne iengthy period of neglect of these iots and the illegai dumpinq o*i the lots? When wil� this be cieaned up? The present owners of these lots have never cared about rity regu?atior�s and neighborhood well being. They only cut the weeds and stooned filiing when it was demanded. Whv s�ou?d we beiieve anything tt?e_v tei _ us now? I wisn to be .advised oi any perm�ts issued Dy t��e City regarding tnese lots. I want the City to protect aIi of iegal rights available to me so I may raise my �objectior_s to plans for development of tnese lots before such plans are approved. I wish to be notified as to whom I should cai� if I have further concerns z-egarding these lots. �inally, as a citiz�n ar.d taxpayer of the City, I PXPE'Ct tne City to only issue permits for construction on this property after tne City has fully examined *he history of the lo*s, the soi� tests, both current and 'nistcT-ica'_, and the 14L �Oi c.^ �"'_;?._ WaL!�L' T�i`01�: °:Tls deve:O�T!?•°_P.t '!?li�:? � C?llSc? ii ^vY :;il* r011?1Q1T?Cl dT:C! WE�?i! 2SLd'I�11SI1Cd ?121C��?bOY�. T` i Cdi1 �c? nr aPt ��Y±-ner heln dL" assistar.c� I wiil gladiy do wnaLever t�ie City fee�s I shau�d ro helg in this matter. Yours truly, C. Tom Fisher 14M Variance # VAR #86-01 VAR #86-27 VAR #86-28 VAR #86-34 VAR #87-14 VAR #87-16 VAR #87-28 VAR #87-30 VAR #g7-31 VAR #88-12 VAR #88-23 VAR #89-16 VAR #89-21 VAR #90-13 VAR #90-15 VAR #90-16 VAR #90-17 VAR #90-22 VAR �91-02 VAR #91-09 VAR #91-11 VAR #91-12 �IAR ##92-09 VAR #92-14 VAR #92-16 FRONT YARD VARIANCES GRANTED 1986 - 1993 Address 6715 Ashton Avenue 105 - 71 1/2 Way 5330 - 4th Street 537 Fairmont Street 5200 Lincoln Street 565 Cheri Lane 5660 Arthur Stzeet 6133 Woody Lane 7231 East River Road 5201 Pierce Street 6405 Van Buren Street 7110 Riverwood Drive 590 Kimball Street 5720 Polk Street 590 Kimball Street 110 - 64 1/2 Way 6420 Alden Way 6850 Brookview Drive 600 Buffalo Street 5218 Matterhorn Drive 570 Ironton Street 405 - 57th P1ace 5Q96 Hughes Avenue 991 - 67th Avenue 6700 Anoka Street 14N Variance Granted 35 ft. to 9 ft. 35 ft. to 25 ft. 35 ft. to 14 ft. 35 ft. to 26 ft. 35 ft. to 25 ft. 35 ft. to 16 ft. 35 ft. to 28 ft. 35 ft. to 25 ft. 35 ft. to 25 ft. 35 ft. to 15 ft. 35 ft. to 26 ft. 35 ft. to 30 ft. 35 ft. to 29 ft. 35 ft. to 18 ft. 35 ft. to 23 ft. 35 ft. to 34.31 ft. 35 ft. to 21 ft. 35 ft. to 31 ft. 35 ft. to 14.5 ft. 35 ft. to 29.5 ft. 35 ft. to 21 ft. 35 ft. to 14 ft. 35 ft. to 29.5 ft. 35 ft. to 17.5 ft. 35 ft. to 21 ft. Front Yard Variances Granted 1986 - 1993 Page 2 Variance # VAR �93-08 VAR #93-13 VAR #93-18 VAR #93-22 VAR #93-24 VAR #93-31 VAR #93-32 VAR #93-32 Address 180 Liberty Street 6810 - 7th Street 5831 W. Moore Lake Dr. 275 Ironton Street 71 - 63 1/2 Way 7536 Tempo Terrace 102 - 71st Way N.E. 7095-99 Hickory St. 140 Variance Granted 35 ft. to 34 ft. 35 ft. to 32.7 ft. 35 ft. to 31.3 ft. 35 ft. to 8.2 ft. 35 ft. to 22 ft. 35 ft. to 30 ft. 35 ft. to 28.44 ft. 35 ft. to 31 ft. AP MEETING 1994 12 Ms. McPherson stated �his item wi go to City Council on June 20, 1994. 3. CONSIDERATION OF VARIANCE REQUEST VAR #94-04, BY PAUL HARSTAD- Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet on Lot 6, Block 2, Innsbruck North 2nd Addition, the same being 5470 East Danube Road N.E.; Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 25 feet on Lot 5, Block 2, Innsbruck North 2nd Addition, the same beinq 5490 East Danube Road N.E.; To minimize wetland impact and allow the construction of two single family homes. MOTION by Mr. Kuechle,. seconded by Dr. Vos to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL vOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:30 P.M. Ms. McPherson stated this is a two-part variance request. Two vacant parcels are involved, and both are located near the in-tersection of East and West Danube Roads, east of Matterhorn Drive, and south of North Innsbruck Drive. The southerly lot is called 5470 East Danube Road, and the northerly lot is called 5490 East Danube Road. The variance request on the 5470 garcel is to reduce the front yard setback from 35 feet to 20 feet. The variance request on the 5490 parcel is to reduce the front yard setback from 35 feet to 25 feet. Both parcels are zoned R-1, Single Family Dwelling. Ms. McPherson. stated the petitioner has also applied. for the approval of a wetland replacement plan in compliance with Section 205.27 which is the recently adopted O-4 Wetland Overlay District of the Zoning Code. Ms. McPherson stated that in 1991, the Legislature passed the 1991 Wetland Conservation Act. This Act requires the "no net loss" of wetlands and requires that any wetlands that are drained or filled must be repiaced. The Act also requires that a landowner or petitioner intending to fill or drain a wetland must go through the sequencing of wetland impacts and requires a person to explore any and all methods to avoid wetland impact including variances to local zoning requirements, Ms. McPherson stated the petitioner is not intending to construct a dwelling on either lot, but would sell the lots with any stipulations required by the City. 14P APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 13 5490 East Danube Road, Lot 5 Ms. McPherson stated the variance request is�to reduce the front yard setback from 35 feet to 25 feet. A Type 4 wetland is located on this parcel. The City authorized the filling of a portion of the lot in 1986. Many of the neighbors testified at the May 18, 1994, Planning Commission meeting that illegal dumping occurred in 1992. The Planning Commission has requested staff to investigate any potential enforcement action. Ms. McPherson stated the petitioner's request for the variance is to "blend" the proposed dwelling unit at 5470 East Danube Road with the existing dwelling at 5544 East Danube Road north of the subject parcel which is located at the required 35 foot setback. Ms. McPherson stated the dwelling at 5544 East Danube Road is located at the 35 foot setback and approximately 20-30 feet from the.side lot line. If a variance is granted, a dwelling on Lot 6, or 5470 East Danube Road, would be five feet in front of the proposed dwelling. This would negate the. differences in the setbacks between the three dwellings. Ms. McPherson stated that if it is determined that the lot has been properly filled, denying the variance would not deny the petitioner the ability to build a home on Lot 5 meeting a 35 foot setback. The wetland area also would not be affected. Ms. McPherson stated that if the variance is granted, the City would acknowledge the petitioner's request to provide a transition of setbacks between the lot to the south, 5470 East Danube Road, and the lot to the north, 5544 East Danube Road. If the.Commissivn recommends approval of the variance request for Lot 5, staff recommends the following stipulations: l. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 2. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by a structural engineer certifying the stability and strength of the soils. 3. The petitioner shall Watershed District permit. 5470 East Danube Road, Lot 6 receive a permit from the Rice Creek prior to issuance of a building Ms. McPherson stated a Type 4 wetland is also located on this parcel. This wetland has not been filled to the same extent as Lot 5 by the same permit that was issued in 1986. Approximately 500 of the lot is covered by this wetland. 14Q APPEALS COMMISSION MEETING. MAY 24, 1994 PAGE 14 Ms. McPherson stated that if the requested 15 foot variance is granted, the variance would reduce the impact to the wetland by approximately 900 square feet with the proposed house plans submitted by the petitioner (1,900 square feet versus 2,800 square feet). The petitioner would be required to create 3,800 square feet of wetland to replace that which is to be filled. Ms. McPherson stated the petitioner's current replacement plan as submitted only proposes to create 2,500 square feet of wetland. With the reduced impact created by the variance, the petitioner could still not meet the 2:1 replacement ratio as required by the ordinance. The petitioner further needs to revise the size and the shape of the dwelling to reduce the impact to the wetland and to meet the statute and the 0-4 regulations. Ms. McPherson stated staff has determined that the petitioner could reduce the size of the dwelling to approximately 30 feet by 50 feet. Even placed at the 35 foot setback, approximately 450-800 square feet of wetland would need to be filled. This could be replaced by the proposed replacement plan, and the petitioner would then meet the R-1 and 0-4 regulations. Ms. McPherson stated that if granted, the 20 foot setback would provide an area to park cars in front of the garage, which is one of the concerns stated in the public purpose. Ms. McPherson stated the subject parcel is located on a curved street. There is a 13 foot boulevard between the property line and the curb alonq East Danube Road. Therefore, the impact of the variance on the adjacent dwellings would be reduced. The dwelling located to the south of this particular parcel faces West Danube Road; therefore, no sight lines along the front yards would be impacted. As discussed earlier, if a variance is granted for 5490 East Danube Road, this dwelling would be approximately five feet in front of the dwelling at 5490 East Danube Road. Ms. McPherson stated that in the past, the City has granted front yard variances down to 13 feet. Ms. McPherson stated that if the Commission chooses to recommend approval of this request, staff recommends the following stipulations: l. A wetland replacement plan meeting the 2:1 replacement requirement for any wetland impact over 400 square feet shall be approved. 2. A building permit shall not be issued until the City has completed its investigation and possible enforcement action regarding filling of the lot. 3. Prior to the issuance of a building permit, the petitioner shall submit a soils report and analysis by 14R APPEALS COMMISSION MEETING MAY 24 1994 PAGE 15 4. a structural engineer certifying the stability and strength of the soils. The petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. Ms. McPherson stated that denying the variance would not totally eliminate use of the land, because a smaller dwelling size could be constructed on the property and still meet the requirements of the 0-4 district. Granting a variance to avoid the wetland impacts would not be contrary to the intent of the 0-4 district which does require a landowner or petitioner to pursue other methods to avoid wetland impacts. Mr. Kuechle stated that stipulation #3 refers to the petitioner submitting a soils report, etc., prior to the issuance of a building permit. However, the petitioner has said that he will sell the property and someone else will build on the lot. How is this tied to stipulation #3? Ms. Dacy stated that stipulation could be amended to say that "a soils report•shall be submitted by a structural engineer..." Ms. Smith asked if any variances have been granted in this neighborhood. Ms. McPherson stated no variances have been granted in this neighborhood. The petitioner was not in the audience. Mr. Norman Nault, 5535 West Danube Road, stated he lives directly behind 5470 and 5490 East Danube Road. When people built in this neighborhood, they were told by the developer that these parcels were designated wetlands and that nothing would be built there. The petitioner has not paid taxes. At the May 18, 1994, Planning Commission meeting, the petitioner stated that he was only at the meeting to get a denial from the Commission so he could appeal to the state, making a mockery of this process. Mr. Nault stated this land was illegally filled in 1991 and 1992. Since then, he has had water problems. The water table has increased significantly, at least 18 inches to two feet. He is asking that this variance request not only be denied, but that legal action be taken regarding the illegal filling. Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly across the street from Lot 6. He has lived there since the fall of 1977. On the map where staff has drawn the lines for the 15 foot variance and 10 foot variance, or at least at the 35 foot setback line), that is where the swamp started in 1977, and it was all water. It was a large beautiful pond. If the City authorized filling in 1986, no one was notified. It just got filled. That 14S APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 16 did not occur in 1986; it occurred subsequent to 1986. And, anyone can see that the property has been illegally filled since then. Mr. Fisher stated that part of the issue is whether the.petitioner is really, at any point, entitled to believe that these lots have value when he promised everyone that these lots were unbuildable and would not be built upon. He stated these two lots, at no time, had any value in the petitioner's mind when he purchased them and developed the property. It is only after he has developed all the other lots that he is now deciding to do this to make some more money. If he was really going to do something with these lots, why didn't he do it in 1977, in 1979, 1981, etc.? The answer is because all the lots were not all sold then and the development in place, but now it is. Mr. Fisher stated that on April 6, 1993, he mailed a letter to Scott Erickson, Engineering Department of the City of Fridley, complaining about the filling of these lots and also complaining about a builder he had talked to who said he was going to buy the lots from Mr. Harstad. He stated he has never received a written reply to this letter. He read the following excerpt from this letter: "Now I have been told by a contractor that he is going to buy these lots from Harstad. He showed me a plat map that indicated a 20' drainage easement behind one of the lots and a 40' drainage easement behind the other lot. He also told me that nothing prevented him from filling the swamp and/or excavating it and eliminating all of the standing water entirely. He acknowledged that he would have to leave the contours to allow drainage into.Farr Lake across the street. He told me he planned to leave the water on the 40' easement but I must say he did not feel he had to do this. He showed me the plan of a home he proposed building. This home would barely fit on the lot with the 20' easement and would come up directly on the easement lines on one side and in the rear. He said the home would occupy the area that now c.ontains water." Mr. Fisher stated that if the City allows a building permit and variances on this property leading to a building permit, he knows that lot is going to get filled. One year ago, he complained about the fact that this lot had been filled. He was told the fill would be removed, but nothing has been done. What will happen if the builder comes in and starts pushing the dirt back over the water? He can guarantee it is going to happen. Mr. Fisher stated that all the homes on both sides of East Danube Road are at the 35 foot setback. There are no variances. If two houses are built jutting out into the middle of ail the setbacks, it will look like a bunch of garbage. The sight lines will be destroyed, and the pleasure of the neighborhood will be taken away from them. He strongly opposed any variance on this property. 14T APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 17 Mr. Bob Horeck, 5505 West Danube Road, stated he lives directly behind Lot 6. The major problem has been the illegal fill. His lot is located approximately 12-15 feet below the street level of East Danube Road. In 1987, he had 2-3 inches of water in his back yard. Mr. Horeck stated that all the neighbors built or bought in this neighborhood with the same understanding--that these lots were wetlands and there would be no construction. They all paid a premium price for their properties because of the wetlands, but they all felt it was worth the premium price to have these wetlands. In 1991, these wetlands were officially declared a wetland. Nothing has changed since then, and there is no reason for a house to be built there. If a house is built there, he and his neighbors are going to have major water problems. Mr. David Blank, 5544 East Danube Road, stated his house is right next to the lots in question. As Mr. Fisher had said, looking down this street from the north, all these houses are in line and set back at the 35 foot setback to make a very pretty place to live. Also, he is adjacent to the wetlands which are full of wildlife and birds, and it is a very delightful place to live. He and the neighbors do not want to see it filled in. It is his belief that those two lots are simply not large enough on which to build the kind of homes that are in this area. If variances are granted to allow the homes to be set forward, they will look out of place because they will be out of place. He is very opposed to the variance request. Ms. Pat Freeburg, 5557 East Danube Road, stated there is also a curve in East Danube Road right next to these two lots. If front yard variances are granted and the houses are set forward, not only will it look like they have been set forward, but because of the curve in the street, the houses will look like they are set forward even more. The lots are quite small, and cheaper houses would have to be built. If cheaper houses built, it will lower the values of the other homes in the neighborhood which will, in turn, lower the- amount of taxes to the City. It will also destroy the neighborhood. Everyone in the neighborhood is totally against this variance request, and they need to discourage this kind of development in Fridley. Mr. LeRoy Corgard, 5495 West Danube Road, stated his sentiments are the same as those of his neighbors. Also, with a 20 foot front yard setback, there would not be room to park some cars. Some cars are over 20 feet long, and that should be taken into consideration. Mr. Roger Hertel, 5501 West Danube Road, stated these lots are located behind his property. In the past, Mr. Harstad has not been a good neighbor. Mr. Harstad filled Lot 6 illegally. He did not see why Mr. Harstad should be granted a variance at the expense of everyone else in the neighborhood so that he can make a profit. 14U APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 18 Mr. Hertel stated there seems to be a question about whether or not Mr. Harstad filled illegally. Before he filled, there was some concrete back there. If they. could dig down and find that concrete, would that prove that he had filled illegally? Ms. Barbara Fisher, 5477 East Danube Road, stated she was the one who observed dump truck after dump truck coming in and filling. Her husband was called home at that time, and they called the City. There was no question that the dumping was done illegally. Mr. Fisher stated he is a retired law enforcement officer, and he followed the dump trucks from another Harstad building development where they were digging out fill to East Danube Road where they were dumping the fill. Ms. Fisher stated that ii the fill was done illegally, she could not understand why nothing has been done about it. Nir. Boyd Henderdorf, 5467 East Danube Road, stated he lives across the street from Lot 5. He stated that in order to build a house. on this property, soil conditions are such that the foundation would have to be set on pilings. The houses would have to be buiit without basements. Homes of that type should not be put into a neighborhood such as this. Ms. Sue Williams, 5568 West Danube Road, stated she lives on the upper pond, and her basement is the lowest on the pond. Mr. Harstad is directly responsible for lowering her basement. When her house was_built, the City Engineer came out and explained the wetland drainage theory. As she recalled, he implied that because these were wetlands, they would always stay wetlands, and the location of her basement was based on the assumption that these wetlands would continue to flow freely and would continue to be there. The City Engineer assured her that as long as the wetlands were there, she would be able to live through a 100 year rain. She believed it is the City's responsibility to back up what their City Engineer implied to her and make sure that the wetlands remain as big as they were when the City Engineer made that commitment to her. That means Mr. Harstad should be required to remove all the fill. Ms. Williams stated she never received any notification in 1986 when Mr. Harstad first put fill in there. How could Mr. Harstad get permission from the City to fill in a wetland that the City Engineer had promised would stay part of the drainage area? She would certainly appreciate it if the City would check that out and try to rectify it. Mr. Tom Fisher stated that regarding soil samples, a number of soil samples have been taken on those lots over the years. Where are these soil samples, and why are more soil samples needed? 14V APPEALS COMMISSION MEETING. MAY 24R 1994 PAGE 19 MoTION by Mr. Kuechle, seconded by Ms. Smith, to receive into the record the letter dated April 6, 1993, from Tom Fisher to the City of Fridley to the attention o.f Scott Erickson. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Norman Nault stated that because these are designated wetlands and wetlands breed mosquitoes, the Mosquito Control Commission comes out often to spray the mosquitoes. Would the Mosquito Control Commission have records on the changes in the sizes of the pond over the years? Ms. McPherson stated that is possible. Staff is just beginning its investigation and will pursue all resources to clarify and verify any activity in the wetland area. Ms. Sue Williams stated she wanted to reiterate the comment that the neighborhood paid premium prices for their properties because of the wetland area environment and the lots that were supposedly set aside for nature. She believed that now Mr. Harstad is claiming the wetland as a hardship. That is ridiculous because he presented those lots as a gift to the community. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBRSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:20 P.M. Mr. Kuechle stated he would recommend denial of both variances, based on the fact that both lots are apparently buildable. There. is no history of variances in this neighborhood, and there are some definite setback problems with the house at 5544 East Danube Road which is made worse by the fact that Lot 6 is on an outside curve. Any new setback would be more noticeable on an outside curve than on an inside curve. Dr. Vos stated that in order to have a variance approved, there needs to be a hardship. The petitioner's hardship is: "To minimize impact on wetland and provide mitigation area." In looking at both lots, he considers them unbuildable even at their present condition, especially with the size of the houses in this neighborhood. He would recommend denial of both variances. The variance request does not meet the spirit or the letter of the code. Ms. Smith agreed. Putting the houses forward would affect the traffic line of sight. Ms. Savage also agreed. The only hardship indicated is the wetland mitigation. At the May 18, 1994, Planning Commission, the petitioner indicated that he was actually looki.ng for denial of his wetland replacement plan application so that he could appeal the 14W APPEALS COMMISSION MEETING, MAY 24, i994 PAGE 20 den�al to the exemption from has difficulty request meets neighbors that neighborhood. request. Board of Water and Soil Resources to obtain an the 1991 Wetland Conservation Act. She stated she with that. Also, she did not think the variance the spirit of the code. She agreed with the any houses would not fit in with the rest of the She, too, would recommend denial of the variance MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council denial of variance request, VAR #94-04, by Paul Harstad, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 20 feet on Lot 6, Block 2, Innsbruck North 2nd Addition, the same being 5470 East Danube Road N.E.; and per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 25 feet on Lot 5, Block 2, Innsbruck North 2nd Addition, the same being 5490 East Danube Road N.E.; to minimize wetland impact and allow the construction of two single family homes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that the City will review the Wetland. Replacement Plan application and variance application on June 20, 1994. Ms. Dacy stated that on May 18, 1994, the Planning Commission asked staff to investigate the issue of fill on Lots 5 and 6. Staff has met with the City Attorney and is beginning their investigation. 4. RODGERS• Per Section 205.07.03.D.(1) of the .Fridley Ci Code, to reduce the front yard setback from 35 feet t 22.4 feet to allow the construction of an addition on Lot , Block 2, Bonny Addition, generally located at 6050 - 6t Street N.E. MOTION by Mr. Kuechle, seconded by Ms.� S�rith, to waive the reading of the public hearing notice and ope �he public hearing. UPON A VOICE VOTE, ALL VOTING AY , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated � property is zoned R-1, Single Family Dwelling. The proper meets the minimum lot area and lot width requirements. A s' gle family dwelling unit and two-car attached garage are locat on the property. The petitioner has indicated that the exis 'ng dwelling is located 32.4 feet from the front property li . If the requested variance is not granted, a variance correct the existing encroachment should be granted. Ms. herson stated the petitioner is proposing to construct a 10 fo by 22 foot addition to the front of the dwelling unit. The 14X � [_..% Community Development Department C � PLANNING DIVISION City of Fridley DATE: June 10, 1994 L ��y TO: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-07, by Richard Larsen for Amoco oil Company; 5311 University Avenue N.E. The Planning Commission conducted a public hearing regarding a special use permit request to allow the expansion of a service station at their June 1, 1994 meeting. The petitioner proposes to construct a 12' x 15' addition to the rear of the existing service station. The Planning Commission voted unanimously to recommend approval of the special use permit request with the following stipulations: l. Variance VAR #94-03 shall be approved. 2. Two pipe bollards shall be installed at the southeast and northeast corners of the addition in lieu of the five foot separation. 3. The addition shall be painted to match the existing structure. 4. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. 5. The outdoor storage of materials adjacent to the north lot line shall be discontinued. 6. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". 7. The dumpster shall be screened from public view. MM/dn M-94-292 S TAFF REP O RT �I Community Development Department Appeals Commission Date Planning Comtnission Date : June 1, 1994 City Council Date = June 20 , 1994 APPLICATION NUMBER: SP #94-07 PETITIONER• Richard Larsen for Amoco Oil LOCATION• 5311 University Avenue; northeast corn�r of University and 53rd Avenues. The property is zoned C-2, General Business. Property to the east is zoned R-3, General Multiple Family Dwelling. REQUEST• The special use permit would allow the e�ansion of the service station. The petitioner is proposing to construct.a 12 foot by 15 fbot storage area to the rear of the building. BACRGROUND• The original service station was constructed in 1959. A special use permit was issued in 1978 to allow a car wash expansion (see attached minutes). The petitioner has also applied for the following variances: 1. To reduce the setback from an adjacent residential district. from 50 feet to 19 feet. 2. To reduce the hardsurface setback from a building from 5 feet to 0 feet. The Appeals Commission reviewed the variance request at its May 24, 1994 meeting and recommended approval of the request to the City Council. ANALYSIS: The proposed addition will be used to store lube equipment and air compressors used by the mechanics. The service bays are narrow, and moving the excess equipment into a storage area will SP #94-07 Richard Larsen for Amoco Oil Page 2 improve the safety of the working conditions for the employees. The addition is proposed to be located adjacent to the carwash entrance at the rear of the building. A waste oil tank is buried to the south of the proposed addition, thereby limiting the size and location of the addition. Located to the east of the subject property are dwellings. Residents access their garages via the service station property ("mid-lot") and the alley adjacent to it. The proposed e�ansion will narrow the driving aisle adjacent to the alley to 19 feet. The code requires a 15 foot hardsurface separation from the alley. Requiring the petitioner to comply with this requirement would eliminate access to the adjacent residential properties as it is now. The Appeals Commission did not recommend granting.a variance to correct this nonconformity in order to allow the City an opportunity to evaluate this if the building is ever damaged . to more than.50% of its value. The Appeals Commission voted to recommend approval of the variance to reduce the hardsurface setback from the east side of the building to zero feet with appropriate protection. Requiring the setback would further reduce the driving aisle to 14 feet. A site visit revealed that the area along the north side of the bui.lding is being used for the storage of tires,. scrap me.tal, barrels, and miscellaneous materials. The dumpster is also located near the north lot line, blocking access to the driveway along the building. The dumpster is also not screened. The addition is proposed to be constructed of 8, inch concrete block. The concrete block is proposed to be insulated with � cellulose type insulation. It should be painted to match the rest of the building. Operation of the equipment stored inside shall not exceed the decibels established by Chapter 124 of the City Code. RECOMMENDATION/STIPULATIONS: Staff recommends that the Planning Commission recommend approval of special use permit SP #94-0? with the following. stipulations: l. Variance VAR #94-03 shall be�approved. 2. Two pipe bollards shall be installed at the southeast and northeast corners of the addition in lieu of the five foot separation. 3. The addition shall be painted to match the existing structure. 15B SP #94-07 Richard Larsen for Amoco Oil Page 3 4. Equipment noise shall not exceed the maximum decibel,s established in Chapter 124 of the City Code. 5. The outdoor storage of materials adjacent to the north lot line shall be discontinued. 6. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". 7. The dumpster shall be screened from public view. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 15C SP 1�94-07 Amoco Oil Co. -------------------- � ! � �----.:�_ ��. -- -- - � I ►-- 6 `v�'_i ' � _ ; �a T -"�r � ... , - _ r„ ,. � -- 9 � � _ '_�'=-:---- ` �_ 1 �et 21 V �j , � _ ��= —�— :� — 4��-r- — —_—�- -- � , _ , _ . .--= 4 l �c_. ��. .. - ��_—L_'� -- � --1--'1 --�v, . T—�ri_— l� � �---'--i — -� �-- � � — --l�zs-_ is' J ► �� ,�,1 \ i�5:� 6�: G �� . s ,�;o=� �k . ,a� 5 _ � � - - �i iz3 i: ¢ j�, ,'( 1 � ... v f�� ` N 9-iG'-ri �v 1 ,, . 'g4l .+ " z�-�� I� � V ,r,.�"� s,� :� Nl.y4a'-in"w k � �;;� � o �, � � ��^,7` �' ` ��3� $ � - �i " �r.if za �fs f J ,.__ _ .' 19d/I -� ,vB9'/6'-/a n' _ � � : � . 3i � t 4` I �--- f- _� �,k �' � : � ��1): ,, � 1, 11 , r - ,-fo � , . 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MUITIPIE DWG'S G.1 PUO PIANNED UNIT OEV. � R-4 MOBI�E HOME P�RK ❑ 5-1 NVDE PqqK HEIGMBORNO00 ❑ � PUBLIC FAC�UTIES rO 5-2 HE�EYELOVMENT OISTRICT � C-1 IOCRL BUS�NE55 l�I O-1 CREEK 6 HIVER PRESERYRTION 'Q C-2 GENEN�I BUSINESS 0 O-2 GR�TICAt qqEA Q C-� GENEqAt SHOPpING � C-Rt GENER4L OFFICE ❑ VqCRtED STnEEfS � E ZONING MAP - --- — --------��1------ �---- -- � � r -------- - -- ----- I –. � in N I t I I I O Q - _ � . � . . . � � ' � 0�� .. .. . � �� i �'"� �:I�� :�::: ,, „ � � 11 + 1 11 Q • Lwl � / \ •--- / � \ � � \ \ / / / \ � � / � �� u � \ � �/ � � � � , ,� � � � � � � � � . � " � /—i .. ,---- � � --- � ,---` � � , , , , � � , , , , � � , � , , , � , , , , � � , � , , � � , , , , , � , , , , � � � , , , , , ' � � � � � � , , , , , � , , , , , , , , , , � � , � , , , � , , , , � �----' �--- -' �----' SP ��94-07 Amoco Oil Co. .-� .---------� ` � i 1 t 11 � .0 .�- � L a � � � O � � � � � ------'--- -------- -----8�8�1------- 53rd Avenue I ,, , „ I, m m � I T 1 I 1 I I I � I I I I � �� _ �1 V �� SITE PLAN �,�^�,��,��:�v:l co��^;1�``�zor1_��;��_Tr��., .�:, rrr.�l��r� 2•� 1y78 ! PkGE 3 t�Ir. iiarris Fitrai;cd tha�� if :fr. Spo2in's dau�ti�:�r i� pinnning i,o bui.].d on th �o�;, he cuf't;e.>tc ihr�i U��fc�re she ma�:e any planc� she cont�ct St�Pf h�;,*�b I>ut`2'clZ Clr x•k �;iid i�e c:�.il give her t,t3_ zhe �>r,r. t3.ciilc�rs �tliat �hc must c-L- bc-fer. e �he c�n ,�uL1_d izi this p�rt�.cular area, and she eould th�n p cced. i�`s. Spohn than�:ed the Commission. 2•;0'i'I4N by Mr. L�n�enfe�d, seconded by 2✓,r. Storla, to clo the public hearing fQr�ti request for Sp�cial Use PerMitt SP �7F3-J0. t1I'OV A VI�ICE ��(7Ii ,�1I,L VO'1'IATG AI'E� CIiAIR✓,i�I1 IiARRI D�CJ�ID Tn� pU13L.IC II�AR� ; cLOS��.n n2 7:46 r .ri. I�� . H�:a�x�ir cal3.ed Aor discuscion. A;r. 7 angenfel�. >�a'ce�� t}azt he �elt � . Si,ahl.ber� i�,s talcen �11 the �aecessary� steps �G r.�3ce- cc.~�'i,ain tLa� �he i, ee eonditions caere met, and other st.ipulations �.n�de r}* 4'r:e Ci%;y. :Tc; �o?.n��a �� th�t it s:�ould Ue s�ressed� as it Y�s�s Ueen in t;hE ��,at -�Yien Sp�ci aZ Use F ts w�re gr� r1Le� ixi i;�is area� t�a t the burden oi a.�y proble�s lies tYiih �h develop�r� not '�h� City. N.QT:IQ"id by Mx. I�ngen d� secor,ded� by D'ir. Oquist' to recommend to City Council, �pproval of ttie re est for a Special Use Permit, SE' �f78-10, by Allen B. Stahlberg, per Section 205 �_ 57, S, D, to allow construction in CPR-2 Zoning (flooc�._,�lain) on I,ots 23, 24, , Block U, Riveriview Heighks, the same being 8053 River�ri.e�a Terrace V.E. U�on voice vute;-all voting aye, Chairman Harris declared the motion carried uriani�� ous . � � - i•i1'.--"�i:ra_.; sugge�ted 'tndt ri�': 'Staitlberg contact i�orothy -LVeuson "to fir.d out �ahen this LJ � . ai��?C?31 on the Coun�cii `�s agenda. _ _.___ -_. _ _ _ _ _ _ 2�;�^. StahZberg �hanked the Goumii.ssion. 2. i'!J3 ;IG I�liRING: REQtJ�S`�' F0� A SPECII�L USE PIIit�ilT, SP ��'j8-11, BY I�i�SOCO � CCAu:'AN�, A DIVISION OF STAND�RD UIL CO�iPANY: Per Sectian 2p5.301� 3, �, h, '�� ni low the opera�ii�n of a service st�tion with car wash �acilitie�, on Lots 16, 17, 18 nnd �.9, B1qc� Z3, �milton's Addition ta Mechanicsville, t�e s�m�e being 5311 University Avenue iVE. t�OTIOid b�r Mr. Gquist, seconded by Ns. Gabel, to open tk� public hearing for a requ�st; far Special. Use Permit, SP �78-11 by Amoco Qil Co��;r�r. LrPON A V�ICE VOI'E, ALL VOTING RYE, CHAIRI�:AI1 I�RRIS Dr CLARED THE P UBL IC f�AP. �G OP1�N AT 7:50 P .Pi. Chairr.ian Harris asked Mr. Leek to present h:ts inforr�stion. 15G __��...... .. . .� . . i � . . � � L /' .L l I �. —L JI�JLe 1 1 Mr. Leek ntated ti»t aPter reviewin� this re�uest, the Stafi would reco�nmeud approval oi' this Special Use Permit with the stipulaticn i,hat if nnd when -L-he ea3t end oP the preperty�,was compl.eted and the alley �aas vacated, Amoco Oil. Company rnakc fin�l impxovemeni;s at that end of the proper�y. Mr. Leek stated that he would al.so like to point ou1; for clarification to the Conmiission and to the pet.itioner a few items Mr. Boardman haa discussed with them. They are ao follows: a. The building should be currounded by a 5 foot concrete apron. b. On the north end oP the proper�y line, al.�owances must be made for a 5 foot area of landscapin� from the property line� and there should b� landscaping area at the no�thweatern corner of the property. 1✓,r. Leek painted out that the area �round the buildin� can be either poure3 concrete, or concrete with �aeod chips, and the landsc�pe area to the nor�h should be sodded. � Chairman Fiarris asked �hat the representative of the petitivner step forward. Mr. Harl�n McGregor of the Amocn Oil Compar.�y came forward. Mr. McGregor as�sed f'or clarificntion of what 2Sr. Leek m�ant by iinal improvements if '�he �lley Was vacated. Tir. Lee�: statEd that �hey �an curbin� oP soma sort er a Yinal separa��:on from the r�djacent property by fencin� or othex means. Z�x. t.��Cregor �ske3 if itwas ant3eip�ted t�at ��is elley�•aould bt vu.^.a�ed?�.�, Mr. Laek s�ta�te�d �hai; i-e was not anticip�ted at this �ime. rir. Leek s�ated tha� the trash pick-up lflcation was not deiailed on the s�.te pla� and wotil.d lilce verification oi' where the trash pic�;-up l.oca'�ion �ould bP and ho-►� they intended.,tQ;screen it. � bir. PfcGre�or ststed th�t it _was presei�tly on the north side _of the buildin , and was board on board cedar, l�ut would�probably be? relocafed to the rear o� th� building. � Mr. Leek gave th� Co�nissian copi.es oY the site plar�s, for tl�eir reviet�r. b"r. Harris �sked if it �,,as correct that �s::oco had a facility there now. � N�r. McGr:.�gor stat� th�t thr�t <<:�as correct. . M.r. i4cGre�or asked F:Y�y the iive foot apro�l ��ti�as required around the back. Ms . G�be�_ stated ihst �his �a,,�s a zoniil; reauirement . Mr. Harris stated that this 3J�s required in order to nrotect tlle Uuilding, to keep all vehicular traffic Away f?�om the buildir..�. Mr. Harris reiterated thst thls �aas a part of the Loning Ordinance. � 15H i"u-. E,r:rria c�rsl:ed i.i thcy would eYpFnd '�he L�ra�e fACili�;y, or i� thl.a ��as a r�c��„ cv,. w�°:,h oper��;ic�n. I�]r. T'cG.rc;;or �tw�,cd it woul.d be A cta13. rzddii;i.on to �].1.otr ior i;he car wACh. Mr. I��rris sv�;L;ested iLhat Mr. McGrebcr check witl,. -the fir�e marsPi�ll re�a,rdin� the �!nder�round s�;or��;e tr�n�CS. h�r. Ii;�rri:s state� tha� since th�y t•rill bP r.lrivin� lanec, they �::�� klave to be covered ti�ith concrete. r�.r. 0;3uist c�sYed w� ��; the liours for the st�tion ��otald be? 1�i� . I�::Gr��or et£D,i.CG� 'tlla't �rith the ne�a I��I311EfiO�i;& �z•�:rzchise L�.tas ��.moco cr�nnot dici;uf;e hours. Th:is will be decicled b�� t�e ��erai�or of' �ti?e s��.�i�n. �f� . Langenfeld as;�et� l�u . Leek if the St�if l�<'�� arzolyzed the increASed �trai'�ic �'lo:� �Lo see if �this ��;c�t�ld be a hazard �o ihe �ren�r�7, �elYarc. x�ir. Leel� st�,te� ih�t m for�:�l stu�y tzad no� U�en m�de. i�cz�. L�rgenfe],d asiced ii they could �iss�.�� hat ihe hours t�rauld continue the s�r�� us uow. I� . I�`cGregor st�ted t�at the station caas .no<<* closed, and a new operator w.ould be taking oves. The new operator would determine the hours. N�x. FiArri�. stst�d th�t the Cou�n:ission aould make a stipulatiori �ori-the �pecial Use Permi�t reg�zrc�ing hours. � ��Is. G�i�eZ s�tr�ted that unless the hours have an impnct on a residen�ia,�. neighborhood; she wovld hesi�aice to do iic. � rIr. Leelc sai�l i_hat. there would re stin»lations for the propert-� at �333 University Avenue �ohen that property was reo.pened. He said the sion company had caithdrawn their request, but the CitS� had otner_inqu�ries on that property. N,�. L�ek stated that �t rear fenCe would be required on this property, and the stipulations �,�ere the same that they had asked for at ttie time they approved the sign company. Mr. Hz�rris stated th�t the Zoning Code requires a pt�sical separation betwe�n co��rcis�, snd res�,d��tiaZ ar�us. hir. 4qui�t s�at�tl th&� �;he �lley was the ph��sical separation at this time, idhen the alley�as vacated; iencin�;��*ould be required at tt�at time. Ms. Gabel asked if tbere would be anything sioreci iu the -rear that should be fenced. Mr. DZcGxegor stated th�t nothing will be stored. The trr�sh pick-up loctttion will be there r�nd wi11 be encl.osed. No equipment or an�ything else caould be atored outside. 151 rL��iv!�1wG �U; ;r•��.;,:-�1C);� I•`1?G`�'IP7�, :�F'I'`I'E1�I3T'R ? j, 1978 � _ � �_ P/'iGE 6 Mr. Iit�rr�.a �•t��ed th.n,+ he wzs coneerned about the car wali ot�eraticif, 24 hotir. , � de�Y, becttus? the resi.dent� in the re�tr �would t.}ien he affected_by lig}�Cs and noise rx�om tr�e cars. 1�x. Fi�rris stated that he z�ould like to sce �;he i'acili'cy closed bct�reen �;he hours of 10 p.m, and 7 a.m. Ms. G�be1 aslced i� N'r. H�rris meant the entire faci�ityr or just the car wach. Dir. Iiarris stated tha't because the e},is+in� faca.li�ty wns �randfAthered in� it would be dif�i.cul#; to irrp�se restrictions at �his po�nt. Eut i;he cur wash ��vas A differcni, ma�ter. IJkr, }�?cG1�7a, s•4a'cec� ir�t h� couJ_d un�?czstend. f.he ni�h� lit�a�.�a�io�' but asked thc Con�issic�2 ta recons.idcr trle bcrrxing li;nitatian. iie would likc t� see it op�n �t 6 a.m, ins',;eud of 7$.ra. NS�. Fi�rris �greed.. A�s . Gabe7. s�i�.�ed th� � she didu' � like to see hour limitations placed an a business, bu'c because taf -the ef�ect on res�.den�s in the rear, ittaas unique. Pds. Gabel ata�;ed that there w4s a big problem with tae property next doC►r, 5333, a� one �time because of tthe noise at night froan trucks and cars. Mr. Leek sta�ed that therer,�as the option of the petitioner providing screening a]_ong �;he back of the lot to prevent the problem of lights. • I�ir. H�trris agreed. NLr. Harris st•Gte3 thst if the petitioner �rished t� 2�+ hour oper�tiou of the c�r wash, the Gity would be willin� to io�k �t scr�ening. N�0`1'ION b�r bfr. L��genSeld, secon3ed by Mr, Oc�ttist, to elos� the public hearirxg for a reques�� t'or Special Use Pea•mit� SP #78_11 by A�rioco Oil Cor�par�y: . UPO:S A V�ICE V�� ALI, VOTING fiYE� CHAIRI�SAP�I HARRIS lDE CLARE D THE � UBL ?� HEAR ING CLOSED AT 8:23 P.M. - - MOT IfJN by Pfr. Langenfeld, seconded by Air. Oquist, to recommend to Council approval of the request for a Special Use Permit, SP ��78-11, by Amoco Oil Company, a Division of Standard Oil Company, per Section 205.101, 3(E.H.) to allow the operation of a service station with car wash facilities on Lots 16, 17, 18 and 19, Blocl: 13, Hamilton's Addition to Mechanicsville, the same being 5311 University Avenue N.E. �aith the following stipulations: A. :Ln tbe event t}ie nlley is v�tcai;e�� f�Lnal. improve��ents Ue w�de. I3. The btzil.din� be surroun3ed by Fl 5 fOJ"� conere�E apron. C. On the ttorth end� a 5 foot alla�,r�nce �or landscapin� frcti-n i;�e property 1ine, aud in ihe northwestern corner of the lot there shoulu be so�. D. The car w�ash ic not to be eonducted Uetween the �o•ars oi 10 p.m. Qnd 6 u.m. E. Screening wi11. be provided along the b�ck or east side o�'�;he pro�er�y, in lieu o� closin� betwcen the hours of 10 p.m, and 6 r�.m, 15J L�1NIv J\'C COP•r•il ;S 7�N *tl;(?'1' :ING, ,S'I;P'I'I;MPER 27, ].97II - Page 7 t'1' ON !', VO ICT VO'I', ALL VOT 1:2G AYE , C1.111 J)<r1[1N IIARP ID]:)li CL.�RE b TIII? MOT ION CnP.R IL D U t� r..� i, �0U S LY . N:r. llarr:i:� said this would appear on the October 16th Council A�enda. He aslced �1r. Lcek Lv notify Amoco Oil Company if Chere was a chan�e i.n this. Ctlair.ilian Iiarris decl_ared a recess aC 8:35 p.m., and reconvened the meeting at 8:50 p.m. . 3. CO?V'7:'Ils[J^D: t�:�.t�:C�/1Iv`DiJ:i Or' AG13E�T�'�nII' ______.__�____-. -�-�--------�- h�Cf.�I01�? by i;r. StcT-l�, sece;�ded by i�•4r. Oc�uist� to eontinuc �k�e I�emorarzdt:m of Agree�rent until the Hur��u R�sources Cam.*�ission fo?�uulai;ea a�ys�em to process char�;es. Ais. Ga�el si;e�ed thmt sl-ie uauld like to ask :- a few quEStions. i✓s. G��. rzsked ii i�here is any ��:tiy they can p?^ej�ct the nuix,ber of charges - pex' �rear. h'�. Storla st��:ed that Coou Rapids has not had a�y conrpleted char�es in t�e yesx ��at they have had this. h1s. G��e? �zsk�J. Lio� lonz� it takes to resolve � cc�pl.ai�t. Air. SCor��; siated that in the ?hinnesot�. Hu�n Pi��ts Depar�'�nen�i� it .tAkes �.� moci•�'r�s �ar i.he ��pu2i;�en�, te �;et to ��.� ce�ipl�i�1� on %he av�rt�ge. I��. S`torla str�'ced �:hst I�e has no s�;�Listics �,s to ho�r long it takes after tl��y ge� ta �.t. Nir. L�ngeufeld asked is" the hiemorar,�um refers to ar{y special �roup of people. Mr. Storla stated thai� it does not. . � i�s, Gabel referred to page 10, par�agrapu 1, regarding a member of the Human Res�urces Human Rights Commission ncting as a representative for the charging p�rty. Ms. G�bel questioned how the C�mmission wi11 select the represen4ative. Mr. Storla stated that 'che Co�nission has not yei; discussed �this. I�s. U&bel �.s1-ed wh�t th� l�gal r�ifica.tions of havir� e Co�ission �ember as a re�recnntativ�. Mr. Storla stated. thrzt the State Human Rights Depar�tment is l.iable for the . �c�ions oi the represent�tive, not the Fridley Human Rights Commission. Mr. Storia further stated th�t the State gives our Commission the option to Uecome their in-tal:e officer and to txy to coneil.i�ate the problem, or to solve it. If we cannot solve the problem, we still have been the in-take officer, s,nd �ive them a copy of �Chc forms, and they will i;hen handlc it. 15K � ( � � _ ��, �Ic �: REGULAR MEETING OF OCTOE3ER 23, 1978 PAGE 3 Mr. Sampson pointed out, if the building was not constructed, the restro facilities would be constructed near this location. He stated, in eithe event, whether they do or do not construct a building, he sees a ne.ed / for the sewer and water. Courtcilman Schneider felt eventually sewer and water ;vould be need�fi and it would probably be more costly to do it at a future date. / MOTION by Councilman Schneider to authorize staff to enter in negotiations with the City of Coon Rapids to supply sewer and water servi for the Springbrook Nature Center•. Seconded by Councilman Fitzpatr ck. Mayor Nee explained this motion does not order the impr ement, but authorizes staff to contact th? City of Coon Rapids regarding con ctions to their sewer and water systam. UPOy A VOICE VOTE TAKEN ON THE ABOVE MOTION, all v,6ted aye, and Mayor Nee declared the motion carried unanimously. / ALLE SP OF SEPTEMBER 27.. 1978: RVIEW TERRACE: Mr. Sobiech, Public :Jorks Director, sta ed this is a request for a special use permit to allow construction of a ingle family dwelling in the flood plain area on the southeast 4uadrant of Rivervievr Terrace and Fairmont Street. . � Mr. Sobiech stated basic requir nts must be met for the request to be considered `or approval. Ther must be no negative comments from the De- partment of Natural Resource , the structure must be constructed relative to the flood plain so as to provide protection; and 15 feet on ail sides of the building must be a ve the flood plain level, Mr. Sobiech stated, as far as the City is co cerned, all the requirem2nts for the special use pe rniit have been satis ed,. Mr..Sobiech stated the Planning Commission did hold a public he ing on this request and have recornrnended approva]. Councilman fitzpa ick questioned if this request covered Lots 23, 24, 25 and 26. He poin d out that the Council's information did not include Lot •26. Mr. Sobiech tated the original request did inciu.de all four lots, 23, 24, 25 and 6; therefore, he explained this must be a typing error as the publ' hearing notice 5ncluded all the lots. f40TI0 by Councilman Fitzpatrick to concur with the recomnendation of the Plan ing Commission and grant SP �78-10. Seconded by Councilman Hamernik. Up a voice vote, all voting aye, Mayor Nee declared the motion carried animousTy. , AMOCO OIL COIdPANY, SP #78-11, 5311 UNIVERSITY AVENUE N.E.: Mr. Sobiech, Public Works Director, stated this is a request for a specia) use permit to allow construction of a car wash addition to an existing service station at 53rd and University Avenues. Mr. Sobiech stated the Planning Commission held a public hearing on this j request and recommended approval with certain stipulations, as noted on I�. Page 2E of the agenda book. Mr. Sobiech stated the alley that presently exists to the east of this property is now unimproved. He stated one of �' ; the stipulations recommended by the Planning Commission was, in the event �� the alley was improved, that the petitioner agree to pay their fair share ! of the improvement or, if the alley was vacated in the future, to provide � the proper setbacks. Mr. Sobiech then reviewed the other stipulations recommended by the Planning Cortmission. He pointed out some landscaping improvements have been made on the south and west sides of the property jand suggested another stipulation be added to cover maintenance of the 15L 2�,:, � i ! /'!' � i�) �tE�cu�n,i r,ti-rir�r e,� ocTO�E}; 23, ��c landscapin9. PAGE h Councilman (=it�{iatricl; �elt there sheuld be sci•eeninq to the east, regard- lcss of thc hr�in,; of op�ration. He nuted ih� petitioiier for the special use permit is $tandard Oil, but the hours of cperation �•rould depend on the lessee. He stated hn wa; concernec; hecaus� this prorerty abuts a residential ai•ea to thc cast and �s not sure at thi� point, ��rha± Lhe procec;ure �a�uld be for discussing the hour; of operation. Mr. McGregor, representin9 Standard 0�1 Cempany, st��Ced tliey agreed, if the hours o!` oE�er�ation en the car wasl� e�tiended ��ast 10 p.m. , t!tey r:culd ptrt up a fence. fie poi�ited out, since the hii;,ntscta f�ranc;l�ise La�•� has coine into effect; they can't er.ercise the con*rol over i:he ho�n-s oi� op�ration. (1r. Herrick, City Attorney, stated, i� the Coi:ncil anpruves the special usc permit it co.�ld be ccntingert or. cer+_ain hou;-s of o{�erntion and w.ould ap�ly to the lesse�. Ne stated, in tliis way, tlie Cii�� arould ex�rcice control �ver the hours of oper•atiun. Councilman fitzi�atrick felt the 6 a.m. opening �,��s i:oo early and should be later. MOTION by Councilman Fitzpatrick to concur �vii;h the i•ecomm��ndation ef the � Plann�ng Co:�:;:�issicn and grant SP ;`73-11, with thc following stipulaii:sr:s: f l. In the event thE alley is vacated, or impro.ed, final im�rcvements i bc- mad� - '•-2. The buildiny be surrounded by a 5 foot concrete apron. _ _!_; �' 3. On the north e:�d, a 5 foot al lo��rarce !'or landscapir,g from the .--- '- -� t 1' a d' tf tt •� t� o f th 1 t th • ` • proper y�ne, n�n �e nor . n�es eri. c rner o ,e o �,ra should b� sod. ' '� _ : I, ;� 4. The ca� �•tash is not to be conducted bet�aeen the hours of 1G p.r.i. an�� 7 a.m. • � 5. Scrzening will be provided along the back or east side of th�` � pronzrty. -�'' 6. Tl��j�e stiall b2 co�tinued r.iaint2nance of the existing and any additianal la;�dsca�ing. �-- . - . Seconded hy C�uncilman Barnetie. Upan a voice vote, a'l voting ayc> t�!a_�or. fdee declared the moi;ion carried unanin�ously. REVIEI4 C�r SIGIV ORDII�AfeCE (FRE[ $TAP�DTt•�G SIGNSI: Mr. Dick Harris, Chairman of Lhe Planning Ci�mmissi.on, a�peared t�efore t Council regarding clari�ication of tiie Council'� :•r�s:�es on revie�� cf ee standing sighs. Cour.cilman Schnei�er stated it ti•ras not his intent to have Planning ' Commission review the entire Sign Ordinanc°. He pointe ut th�re have been a rumher of variance requesCs for fiee st�nding gns ar:d f�e �elt the Commission sho�.;ld ta.ke a look at this arna nossib to consider some f�rmula based on the size of the building and setbacf: or: the main thorougnfare. Councilman Schneid�r stated he had no p� icular f�rn�ula in mind, but there might be sorra reascnable a:ay of dete „ining the �izz of.a �iyn by com- parison with the size of the buil n� and distance frur� the major thorough- fare. Mr. Harris felt poss�bl hey might consider a similar type ofi formula they have for t•rall ' ns, but still keep the variance procedure. Councilman Ha nik pointed out the City has had people saying certain signs are standa signs used in other areas and yet they dic:n't meet: the City Code. . .' Jim Stafford of Signcrafters Signs stated he felt Fridley is probably 15M � ?:ix . .. .. .�...w'�-�.. y{ � R, a {`.'' " 1� `, . .w+m: �, . . a! "'+ii .. .,�. _ - _ . _ �` -e�,,� :�;��'' � w.. �� -� � �`,. ��xrt�` - � � � � � 4 t� 5 5 }?' ` �:p,� ;, � :i � 5 -t � : .�i ai--' a � �..� � . , ... ��, Y _ .. v't�`��,��.�'��` ..,�,_,F.a+�. z�,�.�Y , x r. .� ns �.' x Y �� a '�` � • 'k a ,zv � d5 b^ � �;P : @t+� ,�,', � y �y r � Y' �� .r,� C'y��ra� �`�� hk �" �l s � '��t,x az _ r ag �a _ „�";,'� � � � �-: � £ � t: 3r� � £s � R � .�- { � � �!� - �, �. . � 1 . � . . .. . - Ik � ... . } n:.�i."°. , �,»+ ' � -� � .� �� . YY' ;Y� . i N � . �'. Y . x. ; _. F' e �. r�. y , 3 t� �. .� � �. �� S �. .� . .. . � s � �� ,. � ��xt�«e�,4. �.e��;. ;.,, ..�.�,,t: �o��,��,:,,� _ . �,_� t, �, �;� ��:�,�� 15N Y.. �. S �, Y� It _Y�.. . � ��.:� . � •, � t;e �� ' R� ` y y :A} 4 � � �� c�e : ¢ � ..� _�,..�- � n -- ��-�-�::�r: � � G,C . ,,3 �. � 2,x� Y �� +`5,...� .`�� _ � R� . .,rl.„ fi ; �� ° �- � T S � < i �'i�%. � ... s � r � � # . S . i' 'Y� �. N T r � � I Community Development Department PLANNING DIVISION City of Fridley DATE: June 10 , 1994 �/ �1' TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-03, by Richard Larsen for Amoco Oil, 5311 University Avenue N.E. The Appeals Commission voted unanimously to recommend approval of the following request: l. 2. To reduce the setback from an adjacent residential district from 50 feet to 19 feet To reduce the hard surface setback from 5 feet to 0 feet The request is to allow construction of a 12 foot by 15 foot storage addition to the rear of the service station building. The Commission recommended the following stipulations as conditions of approval: l. Spec•ial Use Permit SP #94-07 shall be approved. 2. A five foot hard surface separation shall be provided around the addition, except for the installation of concrete bollards at the northeast and southeast corners of the addition. 3. 4. 5. 6. The addition shall be painted to match the existing structure. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. The outdoor storage of materials adjacent to the north lot line shall be discontinued. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". 7. The dumpster shall be screened from public view. Staff worked with the petitioner to address the concerns raised by the Appeals Commission regarding the building protection. Stipulation two above reflects the solution to the concern. MM:ls 1 �j M-94-284 � � STAFF REPORT Community Development Department Appeals Con�mission Datc Planning Co�nmissic�n Datc City Council Datc APPLICATION NUMBER: ♦ VAR 94-03 May 24, 1994 June 20, 1994 PETITIONER• ♦ Richard Larsen for Amoco Oil Company LOCATION: ♦ 5311 University Avenue; northeast corner of University and 53rd Avenues. REQUEST• ♦ Reduce the setback of a building on property zoned C-2, Local Business from an adjacent residential district (R-3, General Multiple Dwelling) from 50 feet to 19 feet. The petitioner proposes to construct a 12 foot by 15 foot storage addition to the rear of the building.for storage of an air compressor and lube equipment. This wiil improve safety for the employees. The petitioner has also applied for a special use permit to allow expansion of the use. The Planning Commission will review the special use permit request at its June 1, 1994 meeting. The petitioner stated the following reason for variance and hardship: "Need storage or equipment room for air compressor/lube equipment for employee safety." BACRGROUND: ♦ The original service station was constructed in 1959. A special use permit was issued in 1978 for a car wash expansion to the automotive ser�ice station. During site plan review, staff determined that additional variances should be evaluated to correct existing encroachments: 1. To reduce the setback from an adjacent residential district from 50 feet to 34 feet. 16A Staff Report #94-03, 5311 University Avenue N.E., by Amoco Oil Company Page 2 2. To reduce the hard surface setback from an ailey from 15 feet to 0 feet. In addition, a variance to reduce the hard surface setback from 5 feet to 0 feet may need to be granted along the east side of the addition. No previous variances have been granted for this property. ANALYSIS• ♦ Section 205.14.03.C.(4) requires a 50 foot setback from any residential district. Public purpose served by this requirement is to provide adequate open space around commercial structures for planting buffers and screening. The building is located 34 feet from the property line. This is an existing encroachment, however, a variance may be granted to permit it. The addition is proposed to be located adjacent to the car wash entrance. A waste oil tank is buried s�outh of the proposed addition, thereby limiting the size o� the addition. An alley is located adjacent to the easterly lot line of the subject parcel. The alley has not been vacated; residents to the east use the alley for access to their garages. The residents access the alley from the service station property to the rear of the building approximately "mid-lot". A portion of the alley adjacent to 53rd Avenue is used for parking for the service station. The addition will affect traffic flow on site as it will reduce the width of the driveway to the rear of the building. The driveway at the rear of the building is used to access the carwash. Parked adjacent to the rear of the building is an inoperable vehicle and a bobcat. The driveway is wide enough for one way traffic. Traffic, however, cannot drive along the north side of the building due to the parking area along the north lot line. The area to the north of the building is currently being used to store tires, scrap metal, barrels, and miscellaneous materials. The dumpster is also located in the northwest corner of the property and is not screened from public view. • : Staff Report #94-03, 5311 University Avenue N.E., by Amoco Oil Company Page 3 The subject parcel is not separated from the alley. The code requires a fifteen foot hard surface setback from the property line. A five foot hard surface setback is also required from the addition to the parking or hard surface area. With the reduction in the setback and the requirement of the hard surface setbacks from the building and the lot line, the driveway would not be wide enough to handle on site traffic. Requiring the hard surface setback from the addition would reduce the driving aisle to 14 feet. Requiring the hard surface setback from the property line would impact adjacent residential access. A variance could be granted to reduce the required hard surface setback from the property line from 15 feet to 0 feet. This will correct the existing encroachment. The addition is proposed to be constructed of 8" masonry block. The addition should be painted to match the existing building. The noise generated by the equipment stored in the addition should not exceed the allowable decibels established in Chapter 124 of the City Code. RECOMMENDATION/STIPULATIONS: ♦ Should the Appeals Commission recommend.approval of this request to the City Council, staff recommends the following as conditions of approval: 1. 2. 3. 4. 5. 6. 7. Special Use Permit 5P #94-07 shall be approved. A five foot hard surface separation; concrete sidewalk or landscape area shall be provided around the addition. The addition shall be painted to match the existing structure. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. The outdoor storage of materials adjacent to the north lot line shall be discontinued. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". The dumpster shall be screened from public view. 16C Staff Report #94-03, 5311 University Avenue N.E., by Amoco Oil Company Page 4 A variance to correct the existing buiTding encroachment and the hard surface setback from the alley should not be granted at this time. If the building is ever damaged to more than 50� of its value, at that time the property could be brought into conformance, or a variance granted to allow construction in its present configuration. APPEAL5 COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. 16D VAR �k94-03 Amoco Oil --------------------- �, I � � �-----�= � ---' � 1__ 6 ��_j �a -- - _ - �- — � r �, � , -_ - --- . , --- ___-- . . °�.. —�"'�- � �9 � _ �--y_—+^ . 1� .' .`� - 9 \�l ' ZZ ' - --'--- - . -�-,,�- -,-- � � � �,— — — _ _ --- � � o- � r � ��': . . 4E. _' _Y �. .. — _- � � `) I -i _ �'~ . -�-�, -. .. ..... �. __1_ �Z—_ � ' � — —1-- —, ,--- — — � _ - --- � �f, __ - , - 1 �—a � �� ---'=t--�I---� �—._ `� � . _, - I, _, � I �y�).: - i, �—i t— — �Sa � �—��! _ , __� 'I , �_ > b I , . ,_� _ r----�-- � � _�.� �.. �s ' r:..__�_� ' ,: : 1 � ,s- '� _ rz.s . � __— � r� � � —�-`�� _-'�._,i(—}— �.; __i '� .—��°,� �� —_� i—_ - ` w.� ' / > � �I �,— �i - � I— — ��r . 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'' �� iit� � �'°�=i M '�� .��;�� r � �i.��`ttT�:�-�� , � -�cr �.a�. ca:� �-�• ' . � - • �� ` � � � '-"' r'r""'�' � i � �.�C r d • / / ' � �� . �, � i M 1 � 1. � ' �'' � � ' "' � '� � �P�� ' ��'�. �.�._,� . . .. -. ao� ; �� .� Q • , , 1 . � � �� • . ,�.�A �� a'��c� �' ' '� �` . ..� . . �� ,, ' , � � . la/[ �*.i ��, . �. �a ..� s ' ' • - .�. � s,� � � , .- � : � ■�� " , . ,� ■Js�� (�%.7t � 1, � � � •� • IIV� �=1:�1 � � � � � �� , � , � �� DISTRICT LEGEND q-1 ONE FAMILY DWG'S ❑ M-1 LIGNT INOUSTRIAL ❑ q-y TWO FAMILV DWG'S ❑ M-2 MEAVY INDUSTNIAL � R-3 GEN. MULTIVLE OWG'S � PUD� P��pNNED UNIT DEV. O R-6 MOBIIE NOME PARK O 5-7 NYDE PRRK NEIGHBORXOpD ❑ P �UBIIC FACILITIES O 5�Y REDEVELOPMENT DISTRICT 0 C-1 LOCAI BUSINE55 O O-1 CREEK 8 RIVEN VflESERVATION � C-2 GENEflRL BUSINESS '� O-2 CRITICIIL �RE11 � � C-J GENENAL $NOPPINC � � C-R1 GENERA� OFFICE ❑ VqC�TEO STXEETS � sF ZONING MAP ��'� -----_8_8�1._=--- _-_ -------- ---------" �, I � � N I I 1 I � ---r-- VAR 4�94-03 Amoco Oil .-. .----------�, , � ,� , , , 53rd Avenue A&T= T L Q � � � O � � � � � � 19� � , � , � , �� „ �' m �� I T 1 1 I ( 1 � ' / _ � � ■ SITE PLAN APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 7 to increase the width of a driveway from 32 fe o 36 feet, to allow the construction of townhomes at 971 Hi ind Road N. E. , with the following stipulation: l. Rezoning, ZOA #94-02, ation, SAV #94-92, and Plat, P.S. #94-04, shall approved. UPON A VOICE VOTE, ALL ING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IIN OIISLY. Ms. Dacy sta the public hearing for the rezoning, vacation, and plat re s will be held at the June 20, 1994, Council meeting. The v ance request and first reading of the ordinances for the fi three requests will be scheduled for the July 11, 1994, City uncil meeting. 2. CONSIDERATION OF VARIANCE REOUEST, VAR #94-03, BY AMOCO OIL COMPANY: Per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from an adjacent residential district from 50 feet to 19 feet; Per Section 205.14.05.D.(5).(d) of the Fridley Zoning Code, to reduce the hard surface setback from 5 feet to 0 feet along the east side of the addition; To allow the expansion of an automobile service station on Lots 16, 17, 18, and 19, Block 13, Hamilton's Addition to Mechanicsville, according to the map of plat thereof on file and of record in the Office of the Register of Deeds in and for Anoka County, Minnesota, the same being 5311 University Avenue N.E. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the subject property is located at the intersection of University and 53rd Avenues. The petitioner is proposing to construct a 12 foot by 15 foot storage addition onto the rear of the building. The subject property is zoned C-2, General Business. The property directly to the east is zoned R-3, General Multiple Dwelling, and there is R-2, Two Family Dwelling, approximately two blocks from the subject property. Ms. McPherson stated the petitioner has also applied for a special use permit as required by the C-2 zoning requirements to allow the. expansion of the use. The original service station was constructed in 1959, and a special use permit was issued in 1978 to allow a car wash expansion to the automotive service station. 16H APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 8 Ms. McPherson stated that during the site plan review, staff visited the site and determined that additional variances would be needed to correct some existing encroachments, not as a result of the proposed addition: 1. To reduce the setback from an adjacent residential district from 50 feet to 34 feet 2. To reduce the hard surface setback from an alley from 15 feet to 0 feet Ms. McPherson stated the subject property is unique in that there is an existing alley which is located adjacent to the easterly lot line. A portion of the parking lot encroaches about six feet into the alley. In addition, property owners to the east of the subject property need to cross the subject parcel in order to access their garages which face the alley. Requiring the.15 foot hard surface setback from an alley as required by code would eliminate all access to those particular properties. Ms. McPherson stated at the time of tfie site visit, a bobcat and an inaperable vehicle were parked to the rear of the building. There was also miscellaneous storage along the north property line north of the building, and the dumpster was not screened from public view as required by code. Ms. McPherson stated the subject parcel is not separated from the alley as required by. code. The code requires a 15 foot hard surface setback from the property line, and a 5 foot hard surface setback is also required around the proposed acldition. However, if compliance of these two items was required, any access by the adjacent property owners through this particular parcel would be limited. The driving aisle would also be reduced from the 19 feet as proposed with the proposed addition down to 14 feet which would also impact access: The variance to reduce the hard surface setback from the property line from 15 feet to 0 feet should be granted to correct the existing encroachment. Ms. McPherson stated the proposed addition is to be constructed of 8 inch masonry block, and the addition should be painted to match the existing building. Ms. McPherson stated the petitioner has indicated that the storage area is needed to store an air compressor and miscellaneous lube equipment. Any noise generated by the equipment should not exceed the decibels permitted by the Chapter 124 of the City Code. Ms. McPhezson stated that if the Commission recommends approval of the variance request, staff recommends seven stipulations: 1. Special Use Permit SP #94-07 shall be approved. 2. A five foot hard surface separation; concrete sidewalk or landscape area shall be provided around the addition. � 6� APPEALS COMMISSION MEETING. MAY 24, 1994 PAGE 9 3. The addition shall be painted to match the existing structure. 4. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. 5. The outdoor storage of materials adjacent to the north lot line shall be discontinued. 6. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". 7. The dumpster shall be sereened from public view. Ms. McPherson stated the Commission could also choose to recommend approva�l of variances to correct the existing encroachment; however, staff recommends those variances not be granted at this time. If the building is ever damaged to more than 50% of the value, the property owner could either bring the property into conformance at that time or have a variance granted to reconstruct the building in its present configuration. Dr. Vos asked the traffic pattern for people using.the car wash. Ms. McPherson stated�the traffic enters at the south end of the alley, enters the car wash from the east, and exits from the car wash on the west. Dr. Vos stated the same situation that exists for access to the garages also exists for access to the car wash. Mr. Richard Larsen, Amoco Oil-Company, stated the service station was constructed in 1959 and is fairly narrow for today's service work. They want to get some of the greasing and lube equipment and air compressor into the proposed storage area behind the station to alleviate the safety concerns for the mechanics. Mr. Larsen stated stipulation #2 requires a five foot hard surface separation on the back side of the addition. Is it possible for them to put in a sidewalk and not raise it, or put in bumper posts to protect the building from cars, so they would not restrict the flow of traffic through the alley to the garages and to the car wash? Dr. Vos stated the petitioner is proposing to build a 12 foot deep by 15 foot wide addition. Is there any way the petitioner could lessen the impact by constructing a 15 foot wide.by 10 foot deep addition? Mr. Larsen stated they really wanted to construct a 15 foot:by 15 foot addition, but a waste oil tank is buried to the south of the new addition. In order to stay away from the waste oil tank, they 16J APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 10 had to reduce the addition to 15 foot by 12 foot. That is really the minimum. He stated they can comply with all the other stipulations. Only the hard surface requirement in stipulation #2 might be a problem. Ms. Savage asked if the petitioner would object to having "no parking" posted to the rear of the building. Mr. Larsen stated they are willing to put up the "no parking" signs so no one can park behind the building. He did not see any problem as far as parking. Ms. Savage asked if the petitioner has received any complaints from the neighbors regarding this variance request. Mr. Larsen stated they are not aware of any complaints. Mr. Kuechle asked the hours of operation. Mr. Larsen stated the service station i.s open 24 hours a day. Mr. Bill Johnson stated he is the lessee dealer at the Amoco station. He stated the back room is finished by 9:00-9:30 p.m. He stated the noise factor is almost zero, MOTION by Ms. Smith, seconded by Mr. Kuechle, to closet the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:15 P.M. Mr. Kuechle stated he would be inclined to recommend approval of the variance request from 50 feet to 19 feet with the stipulations as recommended by staff. However, he would recommend that stipulation #2 be changed to read: "The petitioner shall work with City staff to develop an acceptable barrier plan to protect the building." Dr. Vos stated it seemed like the alley could cause a problem. He was surprised that none of the neighbors seem to be concerned about this addition as it seemed they are going to have even more limited access to their garages. Mr. Bill Johnson stated this alley has been a controversy for the 14 years he has leased the station. As far as people accessing their garages by driving on Amoco's property, it has not been a problem in the past. If that alley was continued the way it was platted, it would go directly underneath the eaves of the first garage, right against the front door of the second garage, and the third garage would have to be moved, along with telephone poles, etc. He stated they have worked out the access problem amongst themselves. Sometimes in the wintertime it gets congested with the car wash, but the people who live back there just get in line with the car wash customers and then drive on to their garages. 16K APPEALS COMMISSION MEETING MAY 24 1994 PAGE 11 Ms. Smith stated she believed granting the variance would be an improvement over the way things are now. Ms. Savage stated she also agreed. Ms. Dacy stated that regarding stipulation #2, the petitioner has suggested either protective posts or a concrete surface that is even with the bituminous surface. Staff could work with either one of those options. In this case, the intent is to provide as much room as possible for traffic to the rear properties. The posts might be the best option, because the intent of the code is to prevent the building from being damaged from vehicular activity. If the Commission wants to waive the five foot setback, they should probably make a specific motion or include that as part of the original motion. MOTION by Mr. Kuechle, seconded by Ms. Sznith, to recommend to City Council approval of variance request, VAR #94-03, by Amoco Oil Company, per Section 205.14.03.C.(4) of the Fridley Zoning Code, to reduce the setback from an adjacent residential district from 50 feet to 19 feet; and per Section 205.14.05.D.(5).(d) of the Fridley Zoning Code, to reduce the hard surface setback from 5 feet to 0 feet along the east side of the addition; to allow the exp�nsion of an automobile.service station on Lots 16, 17,.18, and 19, Block 13, Hamilton's Addition to Mechanicsville, according to the map of plat thereof on file and of record in the Office of the Register of Deeds in and for Anoka County, Minnesota, the same being 5311 University Avenue N.E.. with the following stipulations: 1. Special Use Permit SP #94-07 shall be approved. 2. The petitioner shall work with City staff to develop an acceptable barrier plan to protect the building on all sides. 3. The addition shall be painted to match the existing structure. 4. Equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code. 5. The outdoor storage of materials adjacent to the north lot line shall be discontinued. 6. No parking shall be permitted adjacent to the rear of the building or the addition; and shall be posted "no parking". 7. The dumpster shall be screened from public view. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. 16L / � � I DATE: TO: FROM: SUBJECT: Community Development Department PL,ANIVING DIVISION City of Fridley June ]0 , 1994 � William Burns, City Manager �}� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #94-06, by Kim Miller, 6210 Highway 65 N.E. At its,�une 7, 1994, meeting, the Appeals Commission considered the variance request to increase the maximum square footage of a sign from 80 square feet to 98 square feet to allow the-installation o� a second sign 18�square feet in area. As the request does not meet the four criteria-outlined in Bection 214.21.02 of the Sign Code, the Appeals Commission voted unanimously to recommend denial Qf the request. Staff recommends Commission action. MM:ls M-94-316 that the City Council concur with the Appeals . -. 1/ � - STAFF REPORT Community Development Department APPLICATION NUMBER: ♦ VAR #94-06 PETITIONER- ♦ Kim Miller, LOCATION• Appeals Conur�issi<�n Datc Planning Com►nission Datc City Council Date Miller Funeral.Home June 7, 1994 June 20, 1994 ♦ 6210 Highway 65; northwest corner of the intersection of Highway 65 and West Moore Lake Drive. The praperty is zoned C-3, General Shopping Center District. REOUEST• ♦ Increase the maximum square footage of a sign from 80 square feet to 98 square feet to allow the installation of a second sign. The petitioner stated the following reason for the variance and hardship: "Identification on property for customers" BACRGROUND• ♦ The petitioner recently received a sign permit to install an 80 square foot identification sign on the Highway 65 frontage. This replaced an 80 square foot sign which was originally installed in 1972. The petitioner requests the variance in order to install an 18 square foot parking/directional sign on the West Moore Lake Drive frontage to replace�a 24 square foot sign which was previously there. There is no record in the file of a permit being issued for the 24 sguare foot sign. The petitioner has removed the original 24 square foot sign. ANALYSIS: ♦ Section 214.11.02.B Fridley Sign Code requires a maximum size of 80 sq. ft. in area per development for free-standing signs. Public purpose served by this requirement is to control visual pollution by eliminating large and excessive signage. 17.1 Staff Report VAR #94-06, 6210 Highway 65 N.E., by Kim Miller Page 2 Prior to granting a variance from the provisions of the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The subject parcel is a corner lot with good visibility from Highway 65. The parcel is not unique�when compared to other commercial properties located on corner lots in the City. The petitioner has installed a sign which meets the code requirements. While the purpose of the second sign is to identify the parking area, the sign also includes the name of the facility. The site is designed such that the parking associated with the facility is easily identified. The petitioner could install two, four square foot directional signs identifying the parking area without obtaining a permit. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. The petitioner has exercised his property right by installing a sign to the maximum permitted by code. Denial of the variance would not deny the petitioner this property right. The petitioner could also relocate the existing sign to the corner in order to utilize both street frontages. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denial of the variance would not constitute a hardship as the petitioner has installed a sign as permitted by code. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The purpose of the sign code is to limit the number and size of signs in order to reduce visual pollution. Granting the variance would be contrary to the spirit and intent of the code. 17.2 Staff Report VAR #94-06, 6210 Highway 65 N.E., by Kim Miller Page 3 RECOMMENDATION/STIPULATIONS: ♦ As the petitioner has not met the four criteria for granting a variance to the sign code, staff recommends that the Appeals Commission recommend denial of the request to the City Council. APPEALS COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. CITY COUNCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. 17.3 MILLER FUNERAL HOME �� d�� 6z�o JV.� d{ly�ay 65 �sl�cy, dv(lnnrsota. 55432 �6t2� 57f-13oo Request May 10, 1994 For Installation of new 3x6 ft. Neon Sign to Replace existing 4x6 Face Sign on West Moore Lake Drive side of building.New Sign in Front of building, (just installed by DeMars Signs) is Neon,Glass covered As 3x6 sign would be. Purpose is Parking Lot identification arid direciion into Parki:2g Lo� as well building indentification if Traveling West Moore Lake Drive from University to Central (see picture of old Sign) Proposed DeMars drawing of sign enclosed, installed on existing Empty pole as Shown in Pictures. � Y��(.S�ZL`) 17.4 ': W /,Y RNER �"L �7/ � � _ � � � 33 �' 17.5 L VAR ��94-06 Miller Funeral Home S 1/2 S�C. , C/TY OF �� E E ��,:�ur-,� i�—� : j (p) $ �- ?ACE b+ � i< - '' r� � � � -.� ,; ' 00 3 0 E`� PZ P P�. �J T OCATION MAP Mississippi -- �--- _ __ , _., ----, -- -- • �- , - Yr;.- r � • �# � � ��`}_� - > _ _� ! �� i t � i Y ��; ( � i t 4 1 �• fi�� i � _ � . �- � ' '' _ ----- � : �'� � �.-� s-� � G�. ` � � � � 1 i: '�'1Tt�' i � � z,� J �� j` ''`4r�„ f-• , ' � ! � �• : _ 'F'�';... �. .. . t.r� _ . ,,. _ ttul :��V� R-1 ONE F�M1Lf DWG'S p-2 TWO :�MILT OWG'S fl-3 GEN. 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CITY OF FRIDLEY APPEALS COMMISSION MEETING, JUNE 7, 1994 _�_______________________________________________________________ CALL TO ORDER- Chairperson Savage called the June 7, 1994, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL: Members Present: Diane Savage, Ken Vos, Carol Beaulieu Members Absent: Larry Kuechle, Cathy Smith Others Present: Michele McPherson, Planning Assistant Scott Lexvold, Miller Funeral Home Dean Nikont, Holiday Companies Wayne Dahl, 177 Hartman Circle Gladys Lox, 165 Hartman Circle John Hinsverk, 170 Hartman Circle Neal Hayford, 173 Hartman Circle Connie Lane, 173 Hartman Circle Arlene Gjevre, 180 Hartman Circle APPROVAL OF MAY 24, 1994, APPEALS COMMISSION MINUTES• MOTION by Ms. Beaulieu, seconded by Dr. Vos, to approve the May 24, 1994, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATTON OF VARIANCE RE4UEST VAR #94-06 BY KIM J MILLER- Per Section 214.11.02.B of the Fridley Sign Code, to increase the amount of free-standing signage from 80 square feet to 98 square feet to allow the construction of a free-standing sign on Lots 3 and 4, Block 1, Herwal's 2nd Addition, generally located at 6210 Highway 65 N.E. (Miller Funera2 Home) MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated the property is located at the northwest corner�of the intersection of Highway 65 and West Moore Lake Drive. The property is zoned C-3, General Shopping Center District. The 17.9 APPEALS COMMISSION MEETING, JDNE 7, 1994 PAGE 2 property to the south (St. Philip's Lutheran Church) is zoned R-3, General Multiple Dwelling. Ms. McPherson stated the petitioner recently received a sign permit to install an 80 square foot identification on the Highway 65 frontage. This sign replaced a previous sign which received a permit in 1972. The petitioner is proposing to install a second 18 square foot sign (3 feet by 6 feet) on the West Moore Lake Drive frontage to replace the previous 24 square foot sign which was previously located on West Moore Lake Drive. That sign has been removed. There is no record of a permit being issued for the original 24 square foot sign. Ms. McPherson stated that prior to granting a variance from the provisions of-the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Ms. McPherson stated this commercial property �is located on a corner lot with good visibility from Highway 65. The property is not unique when compared to other commercial properties located on corner lots in the City. The petitioner has already installed a sign which meets the code requirements. While the purpose of the second sign is to identify the parking area, the sign aZso includes the name of the facility. The site is designed such that the parking associated with the facility is easily identified. The petitioner could install two, four square foot directional signs identifying the parking area without obtaining a permit or variance. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed.by other property in the same vicinity and district, but which is denied the property in question. Ms. McPherson stated that the petitioner has exercised his property right by installing a sign to the maximum square footage permitted by code. Denial of the variance would not deny the petitioner this property right. The petitioner has the option to relocate the existing sign at the corner in a diagonal position which would utilize both street frontages. C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated that denial of the variance would not constitute a hardship as the petitioner has already installed a sign as permitted by code. 17.1� �PPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 3 D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Ms. McPherson stated the purpose of the sign code is to limit the number and size of signs in order to reduce visual pollution. Granting the variance would be contrary to the spirit and intent of the Sign Code. Ms . McPherson stated that since the petitioner has not met the four conditions necessary for granting a variance, staff recommends the Appeals Commission recommend denial of this request. Mr. Scott Lexvold, Miller Funeral Home, stated he would like to state the facts relevant to the four conditions to show why they feel they should be granted this variance: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Mr. Lexvold stated they believe their.business is a unique business. People who come from out of town are not familiar with this area, and they need to find their building and parking as easily as possible. Their business is located on a iot that is different from other businesses on similar lots. Their lot extends along West Moore Lake Drive, and the parking is in back of the building along West Moore Lake Drive that may not be seen from Highway 65. Some people turn up the frantage road, because they are not sure where the parking is located. He stated they are trying to ease that situation by having this sign direct people to the parking area. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Mr. Lexvold stated Section 214.11.2.A of the Sign Code allows one sign per street frontage. They realize that Section 2?4.11.02.B says that a maximum of 80 square feet of signage is allowed per development, and they also realize they have used the 80 square feet for their first sign. In trying to clean up the second sign which they felt needed replacing, they found out they did not have a variance for that sign_ They are now applying for that variance. They feel the second sign does fit in, and they would like to be allowed one sign per street frontage. The Sign Code also requires the maintenance of signs. They were trying to stay within the Code by doing that with the replacement of their second sign but were 17.11 APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 4 unaware that they did not have a variance. Now, they are trying to rectify the situation as easily as possible. C. That the strict application of the Chapter would constitute an unnecessary hardship. Mr. Lexvold stated that due to the unique nature of their business, people come from other areas and are not familiar with Fridley and the location of their business. They also have elderly people who are a little confused and they sometimes have to come at night. To be able to locate their parking easily is a great relief for the elderly. Mr. Lexvold stated the suggestion made by staff that they try to utilize the one 80 square foot sign and move it to the corner of the lot is, from their point of view, out of the question because it would be cost prohibitive. They would have to re-landscape, move rocks, shrubs, and a boulder on the corner, and cut down trees for visibility of the sign from both West Nioore Lake Drive and Highway 65. After going to the expense of altering the entire landscaping to do that, they would end up with a sign that is meant to be seen north and south effectively. It is not a sign that is designed to be seen from all four directions. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Mr. Lexvold stated they have.had this other sign for 20+ years and have never received any comments from customers that it was visual pollution; only that it helps their customers find the parking area. They believe that the safety and welfare of the public would actually be aided by the sign. Most of the traffic to their business is off Highway 65. If they can get those people to the parking lot as quickly as possible, they can clear the Highway 65 intersection and try to avoid any traffic jams or accidents that might occur in that area. They work hard and spend a lot of money to keep the exterior of the.business looking nice. They do not want to be over-flowery or cause visual pollution; they just want to help people locate their business and parking lot without difficulty. Ms. Savage stated staff has recommended that the petitioner could install two, four square foot directional signs identifying the parking area without obtaining a permit. What does the petitioner think of that alternative? Mr. Lexvold stated that when they were in the process of replacing the second sign, they designed the new sign with the name of their business on the sign, not realizing that there would be any difficulty. They feel that putting signs farther down that just 17.12 APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 5 say "parking" is not going to identify the building for people coming down West Moore Lake Drive from the west. They feel the sign as designed will serve their purpose and the general public's purpose better. It is a valid alternative, but they hope they can keep the sign they have had designed. He believed the sign is completed or is near completion. Dr. Vos asked if the two, four square foot directional signs could be illuminated. Ms. McPherson stated, yes, that would be possible. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Ms. Beaulieu stated she was impressed with Mr. Lexvold's presentation and how he addressed each of the four.conditions in the Sign Code. She was impressed with Mr. Lexvold's argument about elderly people and their need to know where the business and its parking are located. However, she believed this need could be met by the alternative of installing two, four square foot directional signs. It is too bad if the sign has already been made, but the sign company should have applied for a sign permit before making the sign rather than afterwards. She did not believe this variance request meets the four conditions of the Sign Code, and she would vote to recommend deniaZ. Dr. Vos stated he believed the directional signs might be more helpful for the parking area than the one sign. He considered one 80 square foot sign on Highway 65 to be adequate and then have directional signs for the parking. He did not see the need for another sign with the name, "Miller Funeral Home", on it. He stated he, too, would recommend denial of the variance. Ms. Savage stated she agreed with the staff report that the property is very visible, and it has a very visible sign. She did not feel there is that much difficulty in finding the parking area. She also appreciated the fact that Mr. Lexvold had discussed the four conditions. That is not normally done by the petitioner. The problem with sign variance requests is that if the Appeals Commission grants this request, then it sets a precedent for other businesses to want additional signs. If they get a number of signs exceeding the 80 square foot requirement, it does visually pollute Fridley. The Appeals Commission is trying to limit that visual pollution. She agreed with the other commissioners to recommend denial of this variance. 17.13 APPEALS COMMISSZON MEETING, JUNE 7, 1994 PAGE 6 MoTION by Ms. Beaulieu, seconded by Dr. Vos, to recommend to City Council denial of variance request, VAR #94-06, by Kim J. Miller, per Section 214.11.02.B of the Fridley Sign Code, to increase the amount of free-standing signage from 80 square feet to 98 square feet to allow the construction of a free-standing sign on Lots 3 and 4, Block 1, Herwal's 2nd Addition, generally located at 6210 Highway 65 N.E. (Miller Funeral Home). UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. McPherson stated this item will go to the City Council on June 20, 1994. , 2. COMPANIES• Per Section 205.15.0�5. .(6).(A) of the Fridley Zoning Code, to allow the constructi of a loading dock facing the public right-of-way, on Lot 1, lock l, Holiday North lst Addition, the same being 250 - 57t Avenue N.E. (Holiday Plus) MOTION by Dr. Vos, seconded by of the public hearing notice. UPON A VOICE VOTE, ALL VOTING A MOTIaN CARRiED AND THE PIIBLIC i . Beaulieu, to waive the reading. CHAIRPERSON SARAGE DECLARED THE ING OPEN AT 8:20 P.M. Ms. McPherson stated this proper y is located in the northwest corner of the intersection of I-6 4 and University Avenue. The property is zoned C-3, General S opping Center District. The property to the north is zoned C-2, General Business. Ms. McPherson stated the petitioner is proposing to install two new loading docks, one in the southea t corner of the building and the second on the east side of the bu lding where entry doors were once located. A typical below grade 1 ading dock is located along the west side of the building which is used for typical semi- trailer truck deliveries. , Ms. McPherson stated the purpose of the �ariance is to accommodate a change in marketing strategy by Holi�iay Companies. A letter dated May 31, 1994, from Holiday Companie explaining the marketing changes was included with the staff repo t. As a result of the marketing changes, three stores will be created within the one building. The first store is the grocery part, the second store is a sporting goods store located in the outheasterly corner of the building, and the third store is a pet oods and supply store.. Due to the different hours, staffing hours, and procedures, each of the two new stores need their own loadin docks. �7.14 � � Community Development Department � PLANIVING DTVISION City of Fridiey DATE: June 10- , 1994 � TO: Wiiliam Burns, City Manager �1,� i�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #94-07, by Dean Nikont, Holiday Companies, 250 - 57th Avenue N.E. At its_June 7, 1994, meeting, the Appeals Commission considered the variance request to allow a loading dock facing the public right- of-way. The petitioner proposes to construct two overhead doors on the south and east elevations of the building. The Appeals Commission voted.unanimously to recommend approval of the request with the five stipulations recommended by staff: l. The pavement in the access area immediately around the loading docks shall be strengthened. 2. The loading dock on the south wall shall be screened by creating a planting bed as drawn on the attached landscape plan. The planting bed shall include the , following materials: a. 7-6' Black Hills Spruce planted 15 feet on center. b. Two groups of 5-2" caliper Hackberry planted 15 feet on center. c. 5-2 1/2" caliper Autumn Purple Ash planted 50 feet on center. The planting bed shall be edged by a 6" concrete curb and shall be sodded and irrigated. These materials shall be installed by October 1, 1994. 3. The petitioner shall submit a phased improvement plan indicating the time schedule for improvement of the pavement, repair of the fence, and additional landscaping along the south and east property lines by July 15, 1994. 4. The petitioner shall submit a bond to cover the cost of the outdoor improvements for stipulations #2 and #3 by July 15, 1994. The bond will be held by the City until all the improvements are completed. 17 1� ' � . • v VAR #94-07, Holiday Companies June �p , 1994 Page 2 5. A directional signage and pavement marking plan should be submitted by July 15, 1994, to define loading dock access/areas. Signage and paving marking shall be completed by August l, 1994. The petitioner has submitted a letter addressing stipulation number 3, specifically the portion of the stipulation requiring improve- ment of the pavement. Staff recommends Commission action. MM:ls M-94-317 that the City Council concur with the Appeals 77,1� �"�O�lt�t7�/ Cam Gt;:. ��rr.�_: e;i-�.;�•:,. p;�.�� cr�:ee; � n��i� ADV��.L;�: !'.�:. t.ns i)t, :.;a C�:f:,�r nrnr:.: ;;n� �.�.: rn;�� •::�..r.<i�-r �u. !+�nu. �.i,L;RES_, P.O 34x �i:( June 9, � 99� . Ms: Miche(le McPherson C�ty of Fridley 6431 University Avenue NE Fr;idley, MN 55432 Dear Mi��eEe: Pursuan# to your request, the fo{(owing is intended p�blic hearing on June 7, 1994. Holiday companies is full.y agreeable to the c � n�mbers �1 (one) through 5{fiv�) as written, #a a+�d repa+r of fence and general ciean up oi p Holiday Corrrpanies at this time hpwever, �an adjacent ta Highway #694 to greenspace and TY�is property is currently under study tar operations departments. n�es ,.,, -=.aac , � � i - su_. - �.,,:-R; �,.�i;,;: I:...!�!N;Sa4��:�•ILL!I-y;, _ ��:.f4..::i=9�1-5:^i; address the concerns ra�s�d in t�� staff recommendat�ons/stipulat�on� e filling of cracks, repair ofi pathale� space adjaa�nt to Highv�ray #694. commit to co�ve�tin� the parKing Ic�t use both by our rea( estate �ns� To do this landscaping at this iime would for�e Holiday Gcmpanies to spend � cpnsiderabie amoun# o# money that could end u� being wasted once the corporatio�� makes their decision on futur� use of ihis prope . Sihcerely, . yle J. l�rson Vice President R�taii Store Divison � LJL/ln c.�wp5' �Ces n�6-9m m. itr T'- � �4 :.�,�.�' �° � �-�6�'�/r.4�� . H 17,17 � �' `_�f �I _� r �, � =�:�Ht 1=� ;;�=. : - T- r�., r.�_, �-�r,_- � � STAFF REPORT Community Development Department Appc�zls Cominission Datc Planning Co�nmission Datc City Council Datc APPLICATION NUMBER: ♦ VAR #94-07 PETITIONER: ♦ Dean Nikont for Holiday Companies LOCATION• June 7, 1994 June 20, 1994 ♦ 250 - 57th Avenue; located in the southwest corner of the intersection of Highway 694 and University Avenue. The property is zoned C-3, General Shopping Center District. REQUEST• ♦ To allow a loading petitioner proposes internal dock lifts building. dock facing a public right of way. The to construct two overhead doors with• on the south and east sides of the The petitioner stated the following reason for the variance and hardship: "Loading dock for new business, all sides face public right-of-way." BACRGROUND• ♦ Holiday Companies is experiencing marketi.ng changes (see letter dated May 31, 1994). As a result of these changes, internal remodeling is occurring within the store which will create three separate stores within the building (groceries, pet food, and sports equipment). Located on the west side of the building is a typical, below grade loading dock facility. This has been used in the past to service the entire building. With the advent of three stores, the two new stores will want their own docks for deliveries because of different hours of operation, product accountability, and � security. ANALYSIS• ♦ Section 205.15.05.D.(6).(A) �equires be located in the side or rear yard screened from public view. 17 iR ..t_� that all loading docks and that they be Staff Report VAR #94-07, 250 - 57th Avenue N.E., Holiday Companies Page 2 Public purpose served by this requirement is to adequately screen loading activities and to preserve the overall appearance of the property. The subject parcel is unique in that it is surrounded by public right-of-way on all sides. There are other older buildings in the City where the loading dock faces a public right-of-way. Usually, these are located in the industrial areas along Main Street or in the Onaway Addition north of 79th Avenue and west of University Avenue. The City has granted variances to permit loading docks in the front yard in these areas. . Staff, however, recommends that approval of the variance request be conditioned upon the installation of substantial screening. Because this property is very visible from I-694 and University Avenue, the loading activities should be adequately screened. This is also an opportunity to improve/replace worn pavement and the existing fence. Stafi has included a proposed landscape plan to provide some screening from Highway 694. The Engineering Department has recommended that the pavement around the loading docks be strengthened. Additional landscaping along Highway 694, repair of the fence, and repair/replacement of the existing pavement should be identified in a specific plan and completed within"a reasonable timeframe. RECOMMENDATIONfSTIPULATIONS: ♦ Staf� has no recommendation regardZng the variance request; however, it is strongly recommended that stipulation #2 and #3 be included in a motion to approve the request. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The pavement in the access area immediately around the loading docks shall be strengthened. 2. The loading dock on the south wall shall be screened by creating a planting bed as drawn on the attached landscape plan. The planting bed shall include the following materials: a. 7-6' Black Hills Spruce planted 15 feet on center. b. Two groups of 5-2" caliper Hackberry planted 15 feet on center. �7 1A ,,._.. Staff Report VAR #94-07, 250 - 57th Avenue N.E., Holiday Companies Page 3 c. 5-2 1/2" caliper Autumn Purple Ash planted 50 feet on center. The planting bed shall be edged by a 6" concrete curb and shall be sodded and irrigated. These materials shall be installed by October 1, 1994. 3. The petitioner shall submit a phased improvement plan indicating the time schedule for improvement of the pavement, repair of the fence, and additional landscaping along the south and east property lines by July 15, 1994. 4. The petitioner shall submit a bond to cover the cost of the outdoor improvements for stipulations #2 and #3 by July 15, 1994. The bond will be held by the City until all the improvements are completed. 5. A directional signage and pavement marking plan should be submitted by July 15, 1994, to define loading dock access/areas. Signage and paving marking shall be completed by August 1, 1994. APPEALS COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend approval of the variance request to the City Council with the stipulations recommended by staff. � CITY COIINCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. ��,?n ;q TH 5'7 rK AVE H41,1DA`� �OR"(N (o O O X �,"( O �� L� � z VAR �k94-07 Holiday Co. w � �4. 0 �[ ,% � ;�/ y - , . i -�: r /,jj; u� ;;i �. r �� W 59 �r H Av E jj � i' % n O;j. O /� � / � ,i�i /� �� A� sox7o 5 2. AV E - 5't sH P1.Ac.�.. 5't r" Av�. 5(�'�N AVE E �t N � 1�-2� LOCATION MAP e � rN nv � t IF.!i� I7O� Q! El�1 i:. ri�A �3! I.IOi Iff� �3� �i� l�iC � � � � � � SUB. NO /,55 ��r -a� � � � �� ' �� ; � �'�� : �• � . ,�►�, '��, � .. , , � �� 0•�, � ,�� • � ,�� r• � � �� .� `�i'i� � � � � �' - ~ -• • � •+�� i VAR �f94-U7 Holiday Co. _$ . �_ l�a � ''�* c 0'_; . �:- . �. r ~ _ i-- o __-i • � - w _ w � - - W w r + Y e a. . , � � - - -•�a .. � �- { � � � . . �y �� . . � �;S;b', L:i . 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MULTIPLE DWG'S � VUD P�ANNED.UNIT OEV. � � � � R-6 M081�E NOM£� PAFK ❑ 5-1 NYDE i11NK NEIGMBOflHOOD ❑ • ♦ � ♦ � PUOIIC FqCILITIES ❑ 5-2 QEDEYEIOPMENT DISTqI�i � . . . -• � C�� LOC4l BUS�NESS � O-1 CqEEK b RIVEN VRESFRVRT�pN Jj � C-2 GENERqL OUS�nE$5 � O-2 Cq1TICAt ARE4 � (�-', • C'] GENER�L $NOPPING Lti1 � - � � a C-A� GEN[0.Al(lfFICE � VqCqTFD STNEETS � . . • ' � �7•22 Z4NiNG IIEIAP VAR �k94-07 Holiday Co. 17-23 SITE PLAN �-'_----------- NDICA ES MEZZANINE LINE � �\ � �e �� i: � �r.) �:;. �.._,, �; _,:�� VAK �fy4-U/ Holiday Co. � O � I 0 � � N E- � 7.24 SITE PLAN _, �, , _. � <« �► x- , ;� +�_.. I �---��.. , -� , �� ,�� (� i � ;- __ _ VAR ��194-07 � � Holiday Co. --- --_ _._J � __ -------- - --� � � i ----�- - ; f ____1 L-- - - ,��-�1 _—____.—�_. -.�.__.____.'�--__ , b _� i �� ' • � _- PET FOOD � j , LOADING DOCK� I -' 4�3 NoRrH � � _ _} _ -.—� : � - -1 � ,� ,� _� � , � �_1 `� ' -_ _ . }�--- �_ - -- . � � � - --� <�;,�; 2r2 E--- � �- . � . � . � • � � � • . �. - ,�c '� '� �:., /%%4 I � � ! �i/ �� . ,� „�Z�� 'L� �" ,' � � tr-�-�------,i � I i�`� �1F;. � �M�4�' � �G ��. •_ .s�" � ,i �� , � `, ,. �� / � "��,7i � �� i�—.;�. � �: r -.,. � . '�+;�,' . ,.: , . � � _ w�' Y�;: �.v S f •�;.:� �T� i ' �: 2.,, � �:.� f ��ry �� r �.jt � ♦ � ' � \•i bv♦ •i �� 7� ��::i f: � �:.. � 17.25 t , � � i � � � <. � � �� ,. � , � �, ; ;; � � ;; , ,� / /.. /, / i �~ % _ ._"- � — . ,-= / � // ". �-'� N /" / � Landscape Pian � . ��. �� ' � � �` ��,? � , .��'- '`� iXr� ��Yx� �� r t} :.� t .. �.�� . � . 1� . � � i.. .'_wh'-/.. � � � � .1? i v � i �. {�,` f �� t � 4a` "',�� p t5 �+ a. � .� . . t i.q .%_ �,� { �. . �• v i t � z May 31, 1994 Ms. Michele McPherson City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Michele: Pursuant to your request, the following will explain the major marketing changes being made at the Holiday Plus Store in Fridley. In today's very competitive business environment, it is necessary to evaluate our niche in the market and make the appropriate changes, based on research, to remain a strong viable retail source in the Fridley market. Competitive changes are taking place at a very rapid rate. Manufacturers are also responding to consumer requests for new products such as fat free, low fat, low sodium, sugar free, caffeine free, lite, ready-to-eat, and convenience foods just to name a few. In fact, during the past 10 years our food departments have gone from stocking 5,000 different items to over 30,000 different items. Also, surveys indicate that the majority of our consumers would like to have frequently used general merchandise items integrated into the grocery traffic pattern for faster and easier pick- up. At the same time, we are eliminating certain general merchandise categories where we do not have buying power to compete with the national giants, such as Wal-Mart and Target, who are currently engaged in a very competitive battle for marketshare. We are aiso responding to our customers' requests to have wider and uncluttered aisles with lazger and easier to read aisle markers, and better holding power to reduce the amount of out-of-stocks on the shelves. The 24-hour shopping convenience is important to our food custamers. Our food competitors, Cub and Rainbow, are also open 24-hours. Therefore, we must remain open 24-hours in the food store to stay competitive. On the other hand, �our Sports Store being closed during the middle of the night hours saves labor cost and reduce losses. We accomplish both scenarios by making the Sports Store a store within a store, and also enables us to continue to offer the Fridley area the largest assortment of products at the most competitive prices. This also enables us to add more name brand items in the Sports Store, as many companies previously would not sell to us because we were a combis►ation discount store with common checkouts. .,�`.. ' -.; > FOOQ .�� i '�="� b�'°or`!a'Wde,j • �,(ESS , r` \ - � J/,'. '� .._�fll3kCSQ� . FfddOy 17.26 Michele McPherson May 31, 1994 Page 2 As we made plans for the restructure, it became evident we would end up with extra space. We wanted to add a business that would be synergistic with our other business, and one that is in a growth mode. Therefore, we decided to go into the pet food and supply business. Using the store within the store concept, we will be onerating a totally separate pet store with different hours and separate management. Deliveries for the Pet Store will be varied in size from approximately two semi-trailers of pet food to several smaller UPS shipments weekly. A great deal of research has gone into this marketing change. The benefits to our customers wili allow us to continue providing the Fridley consumer the variety and quality of inerchandise and foods at very competitive prices. In view of the store within a store concept, it will be necessary to have separate loading docks for each store. Since each store will have separate operaring hours, deliveries will have to be coordinated within those hours. Because Holiday Plus covers a very large area, and because each store is physicaily located separately from each other, it would be labor intensive to have only one loading dock for loading and unloading products. Also, in that each store will have separate management and operating staff, security of each store's products will have to be maintained. Having separate loading docks will provide that security and accountability of products. If you have any further questions regarding these changes, please feel free to call me. My direct phone number is 830-8720. Sincerely, �yle 7. Larson Vice President Retail Store Division IJL/TLF FOWLER\WPSI�LYLE�FRID CUS 17.27 S MOTION by Ms. Beaulieu, secon e Council denial of variance re per Section 214.11.02.B of the amount of free-standing signagE feet to allow the construction and 4, Block 1, Herwal's 2nd Ac Highway 65 N.E. (Miller Funeral d by Dr. Vos; to recommend to City est, VAR #94-06, by Kim J. Miller, Fridley Sign Code, to increase the � from 80 square�feet to 98 square �f a free-standing sign on Lots 3 3c��tion, generally located at 6210 me) . DPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED IINANIMOIISLY. SAVAGE DECLARED THE Ms. McPherson stated this item will c�O to the City Council on June 20, 1994. \ 2. CONSIDERATION OF VARIANCE REf.?UEST, VAR #94-07 BY HOLIDAY COMPANIES' Per Section 205.15.05.D.(6).(A) of the Fridley Zoning_Code, to allow the construction of a loading dock facing the public right-of-way, on Lot 1, Block 1, Holiday North lst Addition, the same being 250 -�7th Avenue N.E. (Holiday Plus) MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPl3RSON SAVAGE DECLARED THE MOTION CARRIED AND TAE PIIBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated this property is located in the northwest carner of the intersection of I-694 and University Avenue. The property is zoned C-3, General Shopping Ceriter District. The property to the north is zoned C-2, General Business. Ms. McPherson stated the petitioner is proposing to install two new loading docks, one in the southeast corner of the building and the second on the east side of the buildir�g where entry doors were once located. A typical below grade loading dock is located along the west side of the building which is used .for typical semi- trailer truck deliveries. Ms. McPherson stated the purpose of the variance is to accommodate a change in marketing strategy by Holiday Companies. A letter dated May 31, 1994, from Holiday Companies explaining the marketing changes was included with the staff report. As a result of the marketing changes, three stores will be created within the one building. The first store is the grocery part, the second store is a sporting goods store located in the southeasterly corner of the building, and the third store is a pet foods and supply store. Due to the di�ferent hours, staffing hours, and procedures, each of the two new stores need their own loading docks. 17.28 APPEALS COMMISSION MEETING JUNE 7 1994 PAGE 7 Ms. McPherson stated that instead of the typical below grade loading dock, these docks will appear to be approximately four feet above grade, and an internal lift system will be installed which raise and lower the lower floor height in the building to accommodate the height of the trucks. Ms. McPherson stated the property is unique in the fact that it is surrounded by public right-of-way on all four sides of the building. There are older buildings in other parts of the City, typically in the Onaway industrial addition north of 77th Avenue, which have Zoading docks facing the public right-of-way. The City recently granted variances to permit loading docks in the front yard in that particular area. Ms. McPherson stated that if the Appeals Commission recommends approval of this variance, staff recommends the variance request be conditioned upon the installation of substantial screening, specifically, for the loading dock proposed to be located along the southeast corner of the building. The Engineering Department has also recommended that pavement in the area of the loading docks and the access areas be strengthened to accommodate the additionaZ truck traffic. Also stipulated as conditions of approval include additional landscaping along I-694, repair of the fence, and repair and replacement of the existing pavement identified in a specific plan and completed within a reasonable time frame. Ms. McPherson stated staff has no recommendation regarding this variance request; however, if the Commission recommends ap.proval of the request, staff strongly recommends that stipulations #2 and #3 be included in the motion to approve the request. The recommended stipulations are as follows: l. The pavement in the access area immediateiy around the loading docks shall be strengthened. 2. The ioading dock on the south wall shall be screened by creating a planting bed as drawn on the attached landscape plan. The planting bed.shall include the following materials: a. 7-6' Black Hills Spruce planted 15 feet on center. b. Two groups of 5-2" caliper Hackberry planted 15 feet on center. c. 5-2 I/2" caliper Autumn Purple Ash planted 50 feet on center. The planting bed shall be edged by a 6" concrete curb and shall be sodded and irrigated. These materials shall be installed by October l, I994. �7.29 APPEALS COMMISSION MEETING JUNE 7 1994 PAGE 8 3. The petitioner shall submit a phased improvement plan indicating the time schedule for improvement of the pavement, repair of the fence, and additional landscaping along the south and east property lines by July 15, 1994. 4. The petitioner shall submit a bond to cover the cost of the outdoor improvements for stipulations #2 and #3 by July 15, 1994. The bond will be held by the City until all the improvements are completed. 5. A directiona be submitted access/areas. completed by 1 signage and pavement marking plan should by July 15, 1994, to define loading dock Signage and paving marking shall be August 1, 1994. Mr. Dean Nikont, Holiday Companies, stated he has reviewed the staff report with an officer of the company who assured him that he had no reservations about any of the stipulations except for stipulation #3 which requires a time schedule for.improvement of the pavement along the south and east property lines. Because that area is not used, repairing •or replacing the asphalt would be cost- prohibitive. Holiday Companies does have plans to, hopefully, lease the space. They have no specific tenant in mind, but are looking at the possibility of a leasing/storage of new cars type of facility. Ms. McPherson stated there are a number of cracks in the pavement and a lot of weeds in the summertime. 5taff is concerned about the overall aesthetic appearance of the pavement. Even sealing the cracks would be an improvement. Dr. Vos asked how much this area is used for parking. Mr. Nikont stated this area is not used for parking at all. Ms. McPherson stated staff would be willing to meet with officers of Holiday Companies to come up with some specific actions to address the aesthetic issue of the pavement on the south side of the building. In stipulation #3, staff was trying to allow some flexibility for the petitioner to come to staff with their options of what they would like to do and negotiate a plan between staff and the petitioner. Ms. Savage stated her first reaction to the proposal was that it would be an improvement because, frankly, the whole site is in need of some improvement. There is a lot of a blacktop in not very good condition. She believed the petitioner's new marketing strategy sounds good, but she has some problems with the aesthetics of the general area, and she certainly did not like the idea of Holiday leasing the south parking lot for vehicle storage. She would be more likely to recommend approval of the variance request if she 17.30 APPEALS COMMISSION MEETING JUNE 7 1994 PAGE 9 knew the company would be making an effort to reduce the blacktop and to improve the landscaping. Ms. Savage asked if the petitioner would object if the Commission included a stipulatian requiring the company to submit an improvement plan for the south parking lot. Mr. Nikont stated he would have to review it with his superiors, but he agreed it was worth discussing. He did not believe there are any concrete plans at this time for that area. They realize this area is an eyesore to their business, but they also don't like the looks of an empty parking lot. The reason that parking area is there is because of the entrances to the building that are now closed. The Holiday building was built in the 1960s when it was fashionable to have multiple entrances to a large store. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, AI�L VOTING AYE, CIiAIRPERSON SAVAGB DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:40 P.M. Dr. Vos stated he believed the variance request is reasonable and within the spirit of the code. The petitioner really doesn't haue much option with public right-of-way on all four sides. Most of the discussion has been around the stipulations. He believed the petitioner is in agreement with stipulation #1 reg.arding strengthening the pavement around the loading docks. Stipulation #2 specifies the materials for the planting bed. Stipulation #3 seems to be a catch-all. It asks the petitioner to submit a phased improvement plan and does not stipulate a timeframe. That would give the petitioner an opportunity to look at costs and spread the improvements over a more manageable timeframe. He asked if stipulations #4 and #5 are optional. Ms. McPherson stated stipulations #4 and #5 are mandatory. Staff's concern with stipulation #5 is that there be some type of specific location for clearly defining the truck traffic. Dr. Vos stated he would vote to recommend approval of this variance request. Ms. Savage agreed. She believed all five stipulations should be part of the approval and that, hopefully, this will lead to some improvement of the aesthetics of the area. Adding green space would help a great deal. She certainly did not think the petitioner should add any more vehicles to this property. She would recommend approval of the variance. Ms. Beaulieu also agreed. This is a unique situation, and this site can certainly use some aesthetic improvement. 17.31 APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 10 MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #94-07, by Holiday Companies, per Section 205.15.05.D.(6).(A) of the Fridley Zoning Code, to allow the construction of a loading dock facing the public right-of-way, on Lot l, Block 1, Holiday North lst Addition, the same being 250 - 57th Avenue N.E. (Holiday Plus), with the following stipulations: l. The pavement in the access area immediately around the loading docks shall be st�engthened. 2. The loading dock on the south wall shall be screened by creating a planting bed as drawn on the attached landscape plan. The planting bed shall include the following materials: a. 7-6' Black Hills Spruce planted 15 feet on center. b. Two groups of 5-2" caliper Hackberry planted 15 feet on center. c. 5-2 1/2" caliper Autumn Purple Ash planted 50 feet on center. The planting bed shall be edged by a 6" concrete curb and shall be sodded and irrigated. These materials shall be installed by October 1, 1994. 3. The petitioner shall submit a phased improvement plan indicating the time schedule for improvement of the pavement, repair of the fence, and additional landscaping. along the south and east property lines by July 15, 1994. 4. The petitioner shall submit a bond to cover the cost of the outdoor improvements for stipulations #2 and #3 by July 15, 1994. The bond will be held by the City until all the improvements are completed. 5. A directional signage and pavement marking plan should be submitted by July 15, 1�94, to define loading dock access/areas. Signage and paving marking shall be completed by August l, 1994. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on June 20, 1994. 17.32 � _ � I Community Development Department PLANNING DIVISION City of Fridley DATE: June 10 , 1994 TO: William Burns, City Manager � ��` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #94-08, by Wayne Dahl, 177 Hartman Circle At its June 7, 1994, meeting, the Appeals Commission considered the foll:owing variances: 1. 2. To reduce the setback from the Mississippi bluffline from 40 feet.to 1.5 feet . To allow the construction of an accessory structure in the front yard. The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. Staff recommends that the City Council concur with the Appeals Commission action. MM:ls M-94-318 17.33 - � � � � � ,, , � `�� , , ( i s � , � , , I i �i��., i ., � � � �� ► ;, � , i ' � � i G . :� hl a �v � � �� .��r� �"i��D � � � �� S TAFF REP O RT � Community Development Department Appeals Co�n�tiission Datc June 7, 1994 Planning Co�n�nission Datc � � City Council Datc June 20, 1994 APPLICATION NIIMBER: ♦ VAR #94-08 PETITIONER• ♦ Wayne Dahl LOCATION• ♦ 177 Hartman Circle; the property is zoned R-1, Single Family and abuts the Mississippi River. REOUEST• ♦ Reduce the setback from the Mississippi bluff line from 40 feet to 1.5 feet. Allow construction of an accessory structure in the front yard. The petitioner is proposing to construct an eight foot by 15 foot storage building to store lawn maintenance equipment. The petitioner stated the following reason for the variance and hardship: "Lot location/shape and river/creek grade of lot" BACRGROIIND• ♦ The City issued a stop work order to the petitioner on May 20, 1994 when it was reported that a building permit had not been issued for the structure (see letter dated May 20, 1994). The original dwelling was constructed in 1957. Several additions have been constructed. The O-2 Overlay District was adopted in 1977. ANALYSIS• ♦ Bluff Setback � Section 205.25.08.C.(1) of the Fridley City Code requires that all new structures and uses shall be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. 17.34 Staff Report VAR #94-08, 177 Hartman Circle N.E, by W3yne�Dahl Page 2 The public purpose served by this requirement is as follows: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens of the state, region, and nation; I� c. To prevent and mitigate irreversible damage to this state, regional, and national resource; To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water, and recreational system; and e. To protect and preserve the biological and ecological functions of the Mississippi River Corridor. Section 205.25 of the O-2 Overlay District requires that all accessory structures be located 40 feet from the bluff line overlooking the Mississippi River. The petitioner is proposing to construct the storage structure at the bluff line. Tall arborvitae shrubs would bor.der the structure on the east side. The petitioner's home is setback 100 feet from Hartman Circle. The garage is on west side of the home toward the River. The home is approximately 30-34 feet from the bluff line. Adequate room to the south and east sides of the home exists to construct the storage structure. Because the yard slopes to the south, access is more difficult, but it is possible. The structure could be located in the side yard and to the south of the existing home in compliance with the setback requirements. The City previously granted a similar variance for a gazebo to 5 feet from the bluff line, however, a variance to 1.5 feet has not been granted and is beyond that which was previously granted. Staff, therefore recommends denial of this request. 17.35 Staff Report VAR #94-08, 177 Hartman Circle N.E, by Wayne Dahl Page 3 ♦ Front Yard Location Section 205.04.05.B of the Fridley City Code requires that accessory buildings and structures shall be permitted in the rear and side yards only. Public purpose served by this requirement is provide desired front yard space to be used for green areas and to add to the attractability of a residential district. Section 205.04.05.B requires all accessory structures to be located in the side or rear yards. The location of the dwelling serves to define the yards in a unique manner. While the north lot line is a"side" lot line, the location of the dwelling causes the "side" yard to function as a front yard. As was pointed out earlier, there is room, however, to meet the code requirement. There also appears to be room adjacent to the garage to construct the structure, however, a variance to the bluff line setback would need to be granted. The City has not received a previous request to allow an accessory structure in the front yard. RECOMMENDATION/STIPIILATIONS: ♦ Staff recommends deni:al of the request as it exceeds previously granted variances. If the Commission chooses to. recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The petitioner shall apply for and receive a building permit. 2. The storage structure shall not be located in the drainage easement located along the north lot line. APPEALS COMMISSION ACTION ♦ The Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. CITY COUNCIL RECOMMENDATION ♦ Staff recommends that the City Council concur with the Appeals Commission action. 17..3�''J � � � � m ■� �izos N � VAR ��94-08 Wayne Dahl `qo, �'�� 1/'1 Q R �°�`v/ � ;� ( � � G � ��,.,,��9) �'Y.a O.r...:.. ..-lsT� 1 /� � ' ' ^ a� ' M.V 5 __'69R _" .,I _.� .i � I_ " ��' .,� ., ,^ . �, �; y iae Lb EJ E . lil d F'� -..?;�5 � /J5 �/j/ o ��S IY1,� � 7$�.� �.��`��a;� "�j57�� y8 °�3,C ',�� '� / � � • A '��IG`� , .� 1�8 � ��lllV� � � � ; r1 ft�o ;, s ,z c � n T'{ ::.Y-a �- �.�'°Q �'� ` 1 \ o,h� .��i j,^�, . y:{i o , vtB�sSK'= ° .�. 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' 1G _ �, / % � �' ` ° �"f ';I � � r � r _� �� :�'��. ��; `�-�t'' . ..; ,� •,; � , � -, i �3 I�' O — (� . �A M E{Q� �. .� 27 �� :, �� 1� R ..� P � Z ., , .o s � o, � , ._��_ 3 � � . � � +' 4� f � LN� � �-f � �` °' � r s �' . � � . � � � � p �, � B 9 . � , ° , .� �: t^j P K�; � � !C E I \ 9 8 � � r � � • � ♦ � ,� . � :�.. p��' � s �: : ,. i � .., • , � �. a°z,; � Ev� . . : j � � . . , _ f s � ,• •�`.��. '. :. , � , � _ ♦ � %1 t'. e • � ` . � � • • • ♦ • . r \. _ r. .- ` :, • • • • ♦ • • • Y • � � /! �• • • • • •s� ; . • • e • � • d • • •' " � �r � i 8 / � •� �t�� i ,, 't 1, .�'� y -� � -Y_l .�- i �.� °.� � �'�. ' s j i t, � ,. �• . 7 ` �. 40 . � - a ' o e R o � a 4 �, ?\ .8 , � RB!7�98/n6! ' �-- ° • z:�''' �.'v"�;Y,j. y�j �' � L✓i,99ron Ctu�c/r`��..� N ; .�,� . ; , .� . � s • y� T DISTRICT LEGEND - R-1 ONE FAMILY UWG'S ❑ M-f LIGNT INDUSTPIAI Q R-2 TWO FPMILY DWG�S ❑ M-2 � NEIIVY INOUSTqI�t � q-] GEN. MUITIpLE OwG'S � vU0 PLANNED UNIT DEV. . I...: R-i MOB1�E NOME PAqK ❑ 5-1 NYDE VRRK NEIGNBOFHOOD ❑ V PUBLIC FRCILITIES ❑ 5-2 REDEVEIOVMENT OISTRICT � C-1 LOCFL BVS�NESS ❑ O-1 CPEER 8 NIVER PflESERVATION � G-2 GENERAL BVSINESS :.^J,�� O-1 CNlil�q� qqEA C C-] GENEHAI $HOPP�NG 1_� � � � GENENRL OFFICE ❑ VAC�TED $�R[ETS �� 17'38 ZOIVING MAP VAR �� 94-08 Wayne Dahl ' � � i� "�"` � �' i � � .'�� ► �' �i !.� �'�l' .�'�' � � �� _ � � Ku�`� ��v�rt�a. tNC. ' �OOi Kif�1��OM !T. M.�. CQL�W�IA Mi1QM� N4i1 7� � �� N��M�► TM�►T ��uwvn►. �,i . M wwow� �rv rw�ws� M► � ow w+o�w �v m�w�cr au� �M� TMAT 1 AWI A�11Vf /IS�»7qR� «I�t11trM YMO�iA TM[ tJ1� OI *Mi ��A1t OI M1MMeM�� i , �OATE .3(�»9�a5 � SCALE 1"= 6Q WAiNN[SOTA RE STI�ATiON N4. llo�� o a IROP�! MONUh • 'Oo�. �4d-Vo►N� 4t � � W � i� i i a» a � r �� i� �• � �i� r �7�'� t'.�'',{'' ♦ � ,. . - -. . � ,� , 6 .� � � � ; �. u � ��,�P• �'�� p��' �� / _. � ` / �° 4 � G�r� � , ,,;•; , 1 ��`�,��( . - � /-, ;�.f,,�r, �� ,� � � - � , K � �� / . a� -� , , ;�i - -s- . �3y • // / ,` �,. % / � �R�i �'�i�aa �N40 i�sR.t � ��' �`' � �� c i�t,�.. �x, � �y �9 F---� � i �_� �� _ � � �� _,..� bp�{ � `�.�c�.�K QO+�YC� .� ��Q• Q J � "— ----------• � O a � �� ,, � L�+�� - -�--� 1'._.. Ca�° �,. C� ,�L.C� �1� 2. � � '� \ 'C1 �1 \ \ C7 C T ?� T�T1 \ -T' 1 (1 �. \ �7-39 SITE PLAN , E ' ; � r �• w.r.. � r .�. tt��, ",}�, � � b4' . .,.:E�-,,;: C�TYOF FRIDLEY FRIDLEY MUNIC[PAL CEN'I'ER • 6=331 UNIVERSITY AVE. A.E. FRIDLEY. MN 55�132 •(612) 571-3450 • FAX (61�J 571-1?87 May 20, 1994 Dr. Wayne Dah3. 177 Hartman Circle N.E. Fridley, MN 55432 Dear Dr. Dahl: A stop work order for construction of an accessory building was issued on Friday, May 20, 1994 at approximately 12:45 p.m. The location of the structure is immediately adjacent to the Mississippi River bluffline. Section 205.25.8.C.(1) requires that new structures and uses be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. You have three options to correct this violation: l. Move the structure to a location on the property in conformance with the bluffline setback and other zoning code requirements, and obtain a building permit if the foundation. exceeds 100 square feet of area. 2. Reactivate variance request, VAR #89-18. Enclosed is an application. Complete and sign the application, attach three full size copies and one copy of an 8 1/2" x 11" site plan showing the location of the structure on the lot, and an elevation plan depicting the exterior of the building and its materials. An application fee of $60.00 is also required. In order to be considered by the Appeals Commission on June 7, 1994 and the City Council on July 11, 1994, you must submit these materials no later than 5:00 p.m. on Tuesday, May 24, 1994. If you do not apply for the variance, the structure must be removed from its current location by June 1, 1994 and conform to option #1 or #2. 3. Remove the structure in its entirety from the property. Upon placing the stop work order on the structure, it was observed that the floor of the structure had been constructed. 17.40 Dr. Wayne Dahl May 20, 1994 Page 2 Should you need additional information, please feel free to contact myself (572-3590) or Michele McPherson, Planning Assistant, (572-3593). Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-94-137 17.41 June 7, 1994 To the Appeals Commission, PTanning Commission and City of Fridle�: Re: Variance Request, Var # 94-08, by Wayne Dahl we have reviewed the request for variance made by our neighbor Wayne Dahl. Our response to that request follows: * Reducing the bluffline setback from 40' to 0'. This reques_t is not in harmony with the comprehensive management plan developed by the Mississippi River Coordinating Commission, a commission mandated by Congress and appointed in 1990 to assist local governments in the management of orderly development along the river corridor {Draft Comprehensive Management Plan Environmental Impact Statement, 1993). The recommended bluffline preservation setback by the Commission and the City of Fridley is 40'. Approval to construc� an accessory building at the bluffline would set a precedence in our neighborhood, in Fridley, and along the river elsewhere--totally ignoring the planned development guidelines set forth by the Commission to help preserve the natural resources of the river. * Construction of an accessory building in the front yard. Lot 20 is the largest lot in our neighborhood. Numerous other locations exist for the placement of a storage building on this lot that do not require a request for variance. There is no hardship. * Existing framework for the partially constructed accessory building currently sits four inches from the northerly line of lot 20. No request for a variance from that line is included. * There are no existing accessory buildings in the Hartman Circle neighborhood placed on the bluffline, or in a front yard. Our recommendation to the Appeals Commission, Planning Commission and the City of Fridley is to deny this request for variance by Wayne Dahl, based on the above conditions. Sincerely, .17 _ - `�� '� t .T� l(�c-Gi.i1 ��.� Neal Ha � ord Connie Lane 173 Hartman Circle Fridley, MN 55432 �ai',�.�.�c� _ 17.42 St�arir� M�kowic 153 Hart�uut Cu�c(e FricQey, MN 55432 �� , � �/9�� , ,;; ��/�� '� ��'� ��- ��.� � ��,� �%�� , � ' � ��z�,� ��-c� , �� ,�. , , �" i�l�' � �LL�>�: ,�%�:'� � �., \ y� /% �' �.�,�� G��c � �� '-C�'�'`�� `�� -- �LD �2%=fL2�'�, � ,/� � - �' , �'<� �,/ _� �- �z�� ;�.. �� ' �j, � �, �-�" ��%'c.�-cv/— %�� 2��2. r� �-� ,-� ��-a=�'�2 G� ��-�-; �-�� .� � ��%' _� - �� - �=�, �.�� .�,� ' ' i% G�� i��'i,�L�- �'-,� �t.�'��. -�-� �' ,l,L,�, , � j'-�'� o �r--' / r ' ,% rr ,�� =�- � �� .�'�� ,��-�-�"�� -''�--�, /��—/, � << ��=� ,�`c�� J �.._ . ' i . � � �� % ��=��.e_� , G��.21.�.�� c��-�� ,/p � /l�� 1��, /yLG�i�' �� 'ti��• � O , � � -,.�'t�� -�-�... G t—/�� G�, �� G�GC�� Gr' -/�'"G�-' ..�y'�GC�v � //� / / f/� � % 'Z_`„'-^"" ✓ r /!/l�� LGL-Z.�� /��'C< ` ' /, G f J -�--r �-� ��-�i -�Z- �"% � � 1 /��-�G- � �� ,��i �G-.yl-� �/ �ze..i ,� `/ �/��f i _ - /r?�' �! � ��' ��,f c? ��C-�- _-c_ � ..�-��`��-�� ..�-L-G�-� ' �� /-' �; % � , i4-�� / =� C___ � � ,��- ✓ �� '; � . ��f��-�c. �. � i �.� �� ' �" � i , - �� i�.�� , 'r�i �-fo ��'_ , «"c-C'_ : L--C - �- �!t- �"/��'��C�� ' , , -- . !�G �;��..�c�� /t. �.E/.�--�-L�' �,sL� L '�°.—�-' � i /� C> - _ LE_'- �� J� / ' ° ,� / - � G'��!, ��ti l° ��'_�' �-� ��'��`�-�-c �.� l<��'"�?�,�C;' 1�� , _ , //� , .__ ��+ / - =/✓ �fi/��-� ..-�- `�" /�✓�! l f�( _-a�� /��-i S � it,-9t_i �/j �, � � �� '/�" �/ �� ' � /�C. � _ �, __' �' _��' ,'�"L-._ ._i Ltt.� ,�'�'��x�.__� L-�= �G� �GG� :-� L�-' S_aC% ,<t- a'G�� %2� '�G'r?' �GK_�.-C-' �� I < ~ � %� �j� � ��/ / / ��'��Z-�f��.f�•./�' f,� �- � � `. �L <- � � ��L fc-�- .�C�'- L�'�C�i� ' �r.. ' v _ � /�-��-�-L ��i�� C��'�% � � . G-��.�L'� : � , �� _ , z� �" /�,��:�'�� %" '/C , �, � // ii G�h9� �/r -`_ ��-�.�-��-��L��t� ('t�" GG�;�� -C �-�� . J/� ��-�� _.�-��e`� ��. ��_ �-�� / ; /i ; .�-- /� �z�"-� _ % /`'_%�--,/ Y- Cz- �-t_�_ - z=:G � ,. / � -�2'� �C -Ti`�' �iL' �c -r�'. �. .l� � � �� . � /-� /i' . ', /`�� C-�,G.'_��. � J7 --�,_ �, . %; � 17.43 �!� �'l'- . , � �� , �_,.��_. ,.� , , .- ,; , �-3 ,� _ ; -�` , ., � FRIDLEY CI_TY COIINCII, MEETING OF JIILY 23. 1990 PAGE 22 12. RECEIVE ITEMS FROM THE APPEAIS COMMISSION MEETING OF JULY 10 1990: A. VARIANCE. VAR #90-11. BY WALTER RASMU5SEN TO REDUCE THE SETBACK FROM THE BLUFFLINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 5 FEET: TO REDUCE THE SETBACK FROM THE NORMAL HIGH WATER LINE OF THE MISSISSIPPI RIVER FROM 100 FEET TO 40 FEET: TO INCREASE THE MAXIMUM ALLOWABLE TOTAL FLOOR AREA OF ALL ACCESSORY BUILDINGS FROM 1.400 S4UARE FEET TO 1 890 S4UARE FEET, ON IATS 11 AND 12, BLOCK 5 PEARSON'S CRAIGWAY ESTATES 2ND__ADDITION. THE SAME BEING 7806 ALDEN WAY N E• MOTION by Councilman Fitzpatrick to grant this variance, VAR #90-11 for property at 7806 Alden Way N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. HIGHWAY 65 N.E.: MOTION by Councilman Schneider to concur with he recommendation of the Appeals Commission and grant this va ance, VAR #90-12 to increase the maximum allowable square foot e of a sign from 80 to 112 square feet for a period of three ye s, with the stipulation that the variance terminates with t e current owner of the property. Seconded by Councilman Bii ngs. Councilman Schneider stated tha the conditions around the Shorewood Inn are due to the r d construction and they have a problem with access. Councilwoman Jorgenson qu tioned the difference between this request and Cheryl Stinsk' s request. She stated that she wanted to be careful not to se a precedent. Councilman Schneider stated that there was not a problem created with the Stinski p perty and no hardship was imposed due to road construction. H stated that the construction has caused several problems for th' business and did not feel it was unreasonable to try it for th e years. UPON A VOI VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilm Billings, Councilman Fitzpatrick and Mayor Nee voted in favor the motion. Councilwoman Jorgenson voted against the motio . Mayor Nee declared the motion carried by a 4 to 1 vote. 17.44 12E CITY OF FRIDLEY APPEALS COMMISSION MEETING, JULY 10, 1990 CALL TO ORDER• Vice-Chairperson Kuechle called the July 10, 1990, Appeals Commission meeting to order at 7:38 p.m. ROLL CALL• Members Present: Larry Kuechle, Cliff Johnson, Cathy Smith, Kenneth Vos (8:10 p.m.) Members Absent: Diane Savage Others Present: Barb Dacy, Planning Coordinator Michael Hurley, 3989 Central Avenue Evonne Tauer, 6161 Hwy. 65 James Nicklow, 61b1 Hwy. 65 APPROVAL OF JUNE 19 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. Johnson, seconded by Ms. Smith, to approve the June 19, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTB, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. �..� _ CONSIDERATION OF VARIANCE RE4UEST, VAR #90-11, BY WALTER RASMUSSEN: 1. Pursuant to Section 205.25.08.C.(2) of the Fridley City Code to reduce the setbak from the bluffline overlooking the Mississippi River from 40 feet to 5 feet; and 2. Pursuant to Section 205.25.08.c.(2) of the Fridley City Code to reduce the setback from the normal high water line of the Mississippi River from 100 feet to 40 feet; and 3. Pursuant to.Section 205.07.O1.B.(1) of the Fridley City Code to increase the maximum allowable total floor area of all accessory buildings from 1,400 square feet to 1,890 square feet ; To allow the construction of a screened gazebo on Lots 11 and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. 17.45 12F APPEALS COMMISSION MEETING, JIILY 10, 1990 __ PAGE 2 MOTION by Mr. Johnson, seconded by Ms. Smith, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRTED AND THE PIIBLIC HLARING OPEN AT 7:45 P.M. Ms. Dacy stated the property is zoned R-1, Single Family, surrounded on the north, south and east by single family homes, and to the west is the Mississippi River. The 100 faot setback and the 40 foot setback are contained in the O-2 district, Critical Area restrictions. The subject property has two lots which are combined into one property. On Lot 11 is the residence and garage. Lot 12 has an accessory building which was granted a special use permit in 1986. Also at that time, the petitioner received a variance to enclose a deck and add on to the south and west sides of th� home. There is also an existing screen house on the property near the river. Ms. Dacy reviewed the survey indicating the location of the _ bluff line from which the 40 foot setback is measured, and the locatian of the 100 foot setback which is measured from the edge of the Mississippi River. The variance is to have a.gazebo 5 feet from the bluff line. The existing house encroaches into the 100 foot setback as would the gazebo. Ms. Dacy referred to the Site Plan. The property is very well kept and maintained. There are definite garden and lawn areas. The proposed gazebo is for entertaining and would replace the structure by the river. In the eyes of the ordinance, if there is an alternative to meet the ordinance, it must be identified through the variance process. The gazebo could be placed 40 feet back from the bluff line but it would require some changes in landscaping. Based on that, staff is recommending denial of variance requests 1 and 2. Th� third variance request would be necessary if the first two are granted because the ordinance requires a maximum of 1,400 square feet for the total square footage of accessory buildings. In 1986, the City Counci:l did grant a variance to the petitioner for 1,649 square feet. Staff recommends denial of this request also. Mr. Hurley attended the meeting representing Mr. Rasmussen. There is 30-35 feet between the top of the bluff and the river which is extrememly high. As staff indicated, the property is very vegetated .and wooded. His client, Mr. Rasmussen, has spent a considerable amount of money to landscape the area and has mature trees on the property. Anyone coming down the river to this location cannot see the property. It is completely wooded. Mr. Hurley showed the Commission photographs of the site to show the wooded areas of the property. From the pictures, one can see the property is an extremely wooded area. one thing the City wanted is to maintain the integrity and biological, ecological and aesthetic beauty of the river. In this patricular situation and 17.46 12G APPEALS COMMISSION MEETING, JULY 10, 1990 __ PAGE 3 because of the location of the mature trees, the gazebo will not be seen from the river. The nature of the river is not harmed by any means. He did not feel there was any ecological or aesthetic harm to the area. The gazebo would be five feet from the bluff line and there would be no run off onto the bluff line. Mr. Hurley stated that, when considering the square feet, the purpose of the ordinance is to greserve the character of the neighborhood. This property is two full lots, a substantial amount of property. The gazebo is a temporary structure with a cement pad, moored down, something like a screened "porch". The landscaping that is on the site dictates the location of the gazebo. If the gazebo is placed outside the 100 foot area, it would mean doing a substantial amount of work to the property ta make the gazebo fit. The property slopes at a rather severe angle. The entire purpose of the gazebo is to enjoy the river. His client is trying to get the maximum benefit of the backyard. The gazebo would be five feet from the bluff line. In lieu of these arguments, he asked the commission to grant the request. Mr. Johnson asked the reason for wanting the gazebo in this particular location. If one cannot see the river, and other than the landscape problem, why place the structure there? The property appears to be developed to place something there and the gazebo seems to be an afterthought. Mr. Hurley stated that, although you cannot see the river per se, you can see across the river to the other side. As far as any other placement on the site, there is a heavily wooded area; and with the existing w�lkways, it fits in nicely. Mr. Kuechle asked, if the commission denied the request, what kind o£ hardship would result. Mr. Hurley stated the hardship is the unique nature of the lot. The 100 foot setback would mean the gazebo would be next to the garage. Landscaping was done to accent the slope of the property. The hardship is the lay of the land and the existing nature of the landscaping. There is no other placement of the gazebo to have the aesthetic quality. Mr. Johnson asked if the petitioner has used up all 1400 square feet allowable for accessory buildings. Ms. Dacy stated the property included two accessory buildings totalling 1649 square feet. The property is considered to be one parcel on the tax rolls. MOTION by Mr. Johnson, seconded by Ms. Smith, to close the public hearing. ' 17.4� 12H APPEALS COMMI6SION MEETING JIILY 10 1990 PAGE 4 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PDBLIC HEARING CLOSED AT 8:05 P.M. Mr. Johnson asked if it would be possible to put the gazebo out with a non-permanent floor. How would it then be considered? Ms. Dacy stated the way the ordinance defines�a structure and wha� was proposed led staff to believe that this gazebo is a permanent structure. It has a foundation, walls, floor, and roof. If you have a three season porch on a home, you would need a variance. There is a roof, walls, floor and foundation. She did not know how this could be made temporary. Mr. Hurley stated he did not think there was a foundation. Ms. Dacy stated the ordinance states that something that secures the structure to the ground is considered a foundation. Mr. Johnson stated he felt the owner has done a super job on the landscaping and takes a lot of pride in his property and home. He felt he could be assured the structure being put up will not be an eyesore, it will not be visible from the river, and judging from what has been done, it will be a quality job. Ms. Smith agreed. The structure will not be visible from the river. The area is fairly heavily wooded. If-the gazebo was not . placed there, it would be necessary to re-landscape the lot to put it in another area. She did not think the lot is conducive for another location. She did not know if it was designed that way. It appears to be the spot to put it. She asked if this was a flood plain. Ms. Dacy stated the elevation of this Tot was outside the flood line. Mr. Kuechle stated the problem he had is that one of the rules the commission is under is that there must be a significant hardship imposed on the landowner. He felt it difficult seeing that this occurs here. It is true that this may be the optimum location and there would be e�cpense incurred to modify landscaping. However, even without a gazebo, the owner has full use of the property and for that reason he would be inclined to recommend denial of the request. Mr. Johnson stated that the main purpose is to review hardship in respect to plans or requests. In that respect, he agreed that he did not see a hardship. MOTION by Mr. Johnson, seconded by Ms. Smith, to deny v,ariance request, VAR #90-11, by Mr. Rasmussen to allow the construction of a screened gazebo on Lots 11 and 12, Block 5, Pearson's Craigway 17.4$ 121 APPEALS COMMISSION MEETING, JULY 10, 1990 PAGE 5 Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. IIPON A VOICE �OTB, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Kuechle stated this item would go before the City Council for final review with the commission's recouimendations on July 23. CONSIDERATION OF VARIANCI SHOREWOOD INN RESTAURANT: Pursuant to Section 214.21.0 .B of the Fridley City Code to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existing pylon sign, locate on Part of Lot 16, Auditor's Subdivision #$8, the same being 6161 Highway 65 N.E., Fridley, Minnesota, 55432. , Ms. Dacy stated that the petiti ner, Mr. Jim Nicklow of the Shorewood Inn Restaurant, is reques ing a variance to increase the square footage of a free standing s gn from 80 square feet to 112 square feet in order to add a readerb ard, 3 feet by 8 feet, to the existing pylon sign. The parcel is oned C-3, General Shopping, as are the parcels to the north an east. The code is very specific as to the criteria that need to be evaluated. Based on staff analysis of the criteria, the p titioner has the option of redesigning the existing sign to meet�he criteria of 80 square. feet or pursue additional wall signage� Denial of the variance request does not deny the petitioner from having additional signage. Staff recommends denial because he variance criteria are not met. MOTION by Dr. Vos, seconded by Mr. Johns hearing. IIPON A VOICE VOTE, ALI� VOTING AYE, VI DECLARED THE MOTION CARRIED IINANIMOIISLY AND AT 8 :15 P . Iri . , to open the public HAIRPERSON KIIECHLE PUBLIC HEARING OPEN Ms. Tauer attended the meeting to act as sp kesperson for Mr. Nicklow. She stated the Shorewood Inn has en owned by the current owner for many years. In the last s veral years, the restaurant has been experiencing financial probl ms, due in part to the freeway construction which closed the ramps and City construction on the road. People are creatures f habit. When they cannot get to a place, they go elsewhere and d not come back. Ms. Tauer stated the restaurant has done remodeling, but business is still down. There is a lot of competitidn in the area.• Sales are also normally low during the summer season. Econ ically, the readerboard would give the Shorewood a boost to expose the 17.49 � . :'. �� _� � � �� -� ;,rt � �� '� 'Y,,w� +� � V _ �r i �., _ �' �' a','A �i .��"r- -# ,; � �'d�' ..•` ��ic - - ;�� \, � �t . 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CONSIDERATION OF VARIANCE REQUEST VAR #94-08 BY WAYNE DAHL;_ Per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet; Per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; To allow the construction of an 8 foot by 15 foot storage shed on Lot 1, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:46 P.M. Ms. McPherson stated this property is located at the southwest corner of Hartman Circle. The property abuts the Mississippi River. The property is zoned R-1, Single Family Dwelling. Ms. McPherson stated the petitioner is proposing to construct a 15 foot by 8 foot storage building for the storage of lawn maintenance equipment. The City issued a stop work order for the storage building on May 20, 1994, when it was recorded that a building permit had not been issued. Ms. McPherson stated the original dwelling was constructed in 1957. The O-2, Overall District, in which the Mississippi River bluffline requirements were adopted, was adopted in 1977. Reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 0 feet Ms. McPherson stated the petitioner is proposing to construct the storage building at or near the bluffline. Staff inet with the petitioner on the site on June 7 to discuss the actual setback from the bluffline. Using the definition of bluffline which is "a point at which the average slope is 120 or greater", staff determined that while the structure is not set exactly on the bluffline requ�ring the zero foot setback, it is within 1.5 feet of the bluffline. Ms. McPherson stated the petitioner is proposing to construct the storage building behind several arborvitae shrubs which does screen the building from the street. The petitioner's home is set back approximately 100 feet from Hartman Circle. The petitioner's garage is located on the west side of the dwelling unit. The dwelling itself does encroach within the 40 foot setback f'at approximately 30-34 feet from the bluffline. �, �> � %. rJ" � =, - APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 12 Ms. McPherson stated there is adequate room on the south or east sides of the dwelling to construct the storage building. The yard does slope to the south making access more difficult, but it is possible to relocate the building to that location. Locating the building along the south or east sides of the dwelling would bring the structure into compliance with the setback requirements. Ms. McPherson stated the City previously granted a similar variance for a gazebo down to 5 feet from the bluffline; however, a variance to zero feet or 1.5 feet has never been granted. Staff recommends denial of the variance request to reduce the setback to 1.5 feet as determined by staff. To allow an accessory structure in the front yard Ms. McPherson stated the location of the dwelling serves to define the front yard. In general, the front yard is defined as "that portion of the yard which is in front of a line drawn parallel to and even with the front line of the dwelling structure". The north lot line functions somewhat as a side yard; but because it is the front line of the dwelling, as defined by code, it is the front yard. There is the option of locating the building on the east or south sides of the dwelling unit. In addition, there is room directly adjacent to the garage for the relocation of the building; however, a va�iance to the bluffline setback would still be needed. Ms. McPherson stated that in reviewing the City's records, the City has not received a previous request to allow an accessory structure in the front yard. Ms. McPherson stated staff recommends that the Appeals Commission recommend denial of this variance request as it exceeds previously granted variances. If the Commission recommends approval of the variance request, staff recommends two stipulations: 1. The petitioner shall apply for and receive a building permit. 2. The storage structure shall not be located in the drainage easement located along the north lot line. Ms. Beaulieu asked about the variance granted for the gazebo to 5 feet from the bluffline. Ms. McPherson stated the gazebo variance was granted in 1990 for a dwel.ling on Alden Way, south of 79th Way. The gazebo was for recreational use, and the purpose for the variance was to have a location that was enclosed which would allow the petitioner to enjoy the scenery of the river. �7.52 APPEALS COMMISSION MEETTNG JUNE 7, 1994 PAGE 13 Mr. Wayne Dahl, 177 Hartman Circle, stated this particular lot has many, many unusual circumstances that he believes the code does not identify and is not applicable to this situation. The proposed storage building is a Menard's type garden shed. The original custom-built shed was 8 feet by 15 feet or 120 square feet. The reason it was 120 square feet was because the contractor who was building the shed had stated that he believed 120 square feet was within the Uniform Building Code for the State of Minnesota. However, the City of Fridley has more restrictive codes than the Uniform Building Code. The shed would be a non-slab type of shed with a plywood floor. He has no objection in reducing the shed to 8 ft. by 12 1/2 feet to bring it down to 100 square feet. Mr. Dahl stated the lot not only has the Mississippi River along 200 feet of it on one side, but it also has a creek on the other side and severe slopes. It is a very large pie-shaped lot. It is a 1.25 acre lot which is equivalent to at Ieast five city lots. Typically, 1,400 square feet is allowed for accessory buildings on a lot one-fifth this size. Yet, on this lot he has 600 square feet for a two-stalZ garage. He has 1.25 acres of ground he needs to maintain which requires a John Deere tractor, a wagon to pull behind it for the leaves, a snow blower, in addition to all the other garden equipment. He stated there is no storage in the house and no available storage in the garage for this equipment. Mr. Dahl stated if they'were to sight down all.the houses along the Mississippi River and all the houses along the creek, his house meets the setback requirements for all the houses along the creek and the river. His house is set back far in excess of 100 feet from Hartman Circle. Mr. Dahl stated it is important to consider that his side yard alor�g the northerly lot line borders his neighbor's front yard, side yard, and rear yard. So, the definitions in the code do not allow him to do things that his neighbor directly to the north can do. Mr. Dahl stated the public purpose served by the front yard setback is "to provide desired front yard space to be used for green areas and to add to the attractability of a residential district". He stated his front yard has more green space than any of his neighbors' front yards, rear yards, and side yards combined. So, he meets this requirement. The shed he is trying to build to bring his accessory building area up to 50 0 of what is allowable on a lot one-fifth the size of his is completely invisible. He submitted some photos to show that the shed is completely invisible from the street. If his neighbors up the river walked to the bluffline and looked down, they could see the shed. If that is objectionable, he has no problem with planting a couple of other arborvitae to completely enclose the shed and make it totally invisible. ��.53 APPEALS COMMISSION MEETiNG, JIINE 7 1994 PAGE 14 Mr. Dahl stated this is a meandering bluffline, and the bluffline is a very difficult thing to determine. Staff is making some very fine definitions based on very undefinable items like the bluffline. Technically speaking, his house is built on the bluffline because the side of his house exceeds the 12% grade. Based on that, his house could not be built where it is now because he is directly on the bluffline. So, this is a very unusual lot with a very unusual house with a lot of very unusual circumstances. Mr. Dahl stated one of the options suggested by staff is to locate the shed on the west side between the garage and the bluffline. That is his only access to his back yard, and it is angled downward. If he put the shed there, it would be impossible to get a John Deere tractor around it. There are two trees between the garage and the bluffline that were not taken into consideration with this option. This option would also reguire a variance. Mr. Dahl stated staff has also suggested relocating the shed to the east side of the house. The only area where the shed could be put would be directly outside his neighbor's kitchen window, as well as directly outside three of his windows. If the shed was placed there, it is 125 feet from his driveway. So, it is a very impract,ical location. From there down, the grade is too steep. Mr. Dahl stated that with respect to other structures along the river, he went up and down the river in a small boat and took pictures of structures on the Fridley side of the river. On the Brooklyn Park side of the river, there are many structures that would not meet the City of Fridley's requirements. He showed photos of a shed with an attached dog kennel right on the bluffline, a shed built on the side of the bank, a yard barn sitting directly on the edge of the bluffline, and a screened-in poreh on a cement slab located five feet from the water. He then showed a photo of where he proposes to put his shed and how it is totally invisible from the river itself. He stated he has left his riverbank totally natural. There are many structures that meet the 40 foot setback from the bluffline that are visible from the river and are an eyesore, and he can only imagine how many sheds there may be along the river that are not visible to him from the water. Mr. Dahl stated that from a visibility standpoint and an aesthetic standpoint., he does not know why the code does not address staircases and large landing areas on the river. These staircases and landings look terrible. If they are trying to preserve the natural environment, then staircases and landing areas should not be allowed. Dr. Vos asked Mr. Dahl if he was aware of the setback from the bluffline because of his previous variance request. 17.54 APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 15 Mr. Dahl stated that, yes, he was aware of the bluffline setback of 40 feet. Mr. Neal Hayford, 173 Hartman Circle, stated he lives adjacent to Mr. Dahl on the north side. He stated he grew up near the river in Coon Rapids and enjoyed the river. That is why he moved to Fridley. He enjoys the river resource and believes it is a very important resource to the people and to the City of Fridley. He was happy when the Mississippi Recreational Area was designated because he thought it would help protect the natural resources. Now he is not so sure; it is up to everyone to help protect our natural resources. Mr. Hayford stated the Hartman neighborhood was built with covenants. No accessory buildings were allowed. All houses were required to have certain size requirements and two-car garages. It is a beautiful neighborhood. They want to protect their environment, their property values, and their scenic views. The proposed storage shed will affect his view,.and it is being built four inches from his property line. He believed that is in violation of the code requirements, yet that has not been addressed in this variance request. If the shed was moved over five feet, it would be visible from the street and would be visib2e to the neighbors. It would be visible from the river when the leaves are not on the trees. Mr. Hayford stated that variances should be reserved more for recreational uses such as patios, decks, gazebos,. things where people can sit and enjoy the view of the river. He is asking that both variances be denied. Mr. Hayford stated that when Mr. Dahl applied for his variance four years ago, practically the whole neighborhood (48 homes) signed a petition against the variance. He stated the neighbors are still very much against this proposal now, and they do not want it in the future. Mr. Hayford stated Mr. Dahl does not use the garage for parking, and he could keep his lawn maintenance equipment in the garage. The last few times, a lawn service mowed Mr. Dahl's property. Mr. Dahl has plowed his driveway very few times in the last 7 1/2 years. He has his driveway plowed. So, this is not a hardship case. The property is unique and needs io be preserved in its entirety. Building in this area would not be good for Mr. Dahl either. There are other areas where the shed could be built. There is room on the east and south ends of the property. Mr. Hayford stated the site Mr. Dahl has proposed for the storage shed is not a good site at all, and it flies in the face of the DNR regulations and the Mississippi River Recreational Area. �7.�5 APPEALS COMMISSION MEETING. JONE 7, 1994 PAGE 16 Mr. Hayford showed photos of the area and how the storage shed would be �isible from his property and from the river and how the storage shed would be very visible from the river in the wintertime. He stated these are unique properties, and he cannot build this type of structure in his side yard either because he is too close to the lot line. Mr. Hayford stated he and his wife submitted a letter to the Commission dated June 7, 1994, stating his objections to this variance request. They would like the Commission to deny this variance for the reasons discussed. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the record the letter dated June 7, 1994, from Neal Hayford and Connie Lane, 173 Hartman Circle. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. Savage stated she had received a telephone call before coming to the meeting from Alice Nelson, 149 Hartman Circle. Ms, Nelson had not received a notice but had heard about the variance request from neighbors. Ms. Nelson told her that she was unable to come to the meeting and was opposed to the variance request. Ms. Savage stated she also received a letter dated June 7, 1994, from Suzanne Miskowic, 153 Hartman Circle, in which she.stated her objections to the variance request. Ms. Savage read this letter to the Commission. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to receive into the record the letter dated June 7, 1994, from Sue Miskowic, 153 Hartman Circle. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Dick Gjevre, 180 Hartman Circle, stated he is opposed to the variance request. Ms. Gladys Lox, 165 Hartman Circle, stated she is opposed to the variance request. Mr. John Hinsverk, 170 Hartman Circle, stated he is opposed to the variance request. Ms. Arlene Gjevre, 180 Hartman Circle, stated she is opposed to the variance request. Mr. Dahl stated he would like to point out the multiple inaccuracies Mr. Hayford has.presented. Mr. Hayford talked about a covenant for no accessory buildings in the Hartman Circle � 7.�s APPEALS COMMISSION MEETING, JUNE 7, 1994 PAGE 17 neighborhood. He stated there are no less than eight accessory buildings of all different shapes and sizes in this neighborhood, most of which are tin sheds that are eyesores_ Mr. Dahl stated Mr. Hayford talked about the five foot setback for this shed. He stated he has no problems with moving this shed back to within five feet of the lot line since he will already be cutting the size of the shed 2 1/2 feet. Mr. Dahl stated Mr. Hayford talked about how visible this shed is going to be. He stated this is going to be the most invisible structure along the river. This is nothing to what he has shown that is visible from the river and nothing compared to what is on the Brooklyn Park side of the river. Mr. Dahl stated he has a storage need. As a homeowner, he believed he has a certain right to at least have a place to put the equipment he needs to maintain this large yard. The reason he has had a lawn service and his driveway plowed is because his tractor is falling apart from being stored outside for the last seven years. Mr. Dahl asked the Appeals Commission to pleas� be consistent in their decision. They should look at the other sheds along the river and give them consideration and realize that what he is proposing is extremely minimal in comparison with everything else that already exists. It is a true variance with a true hardship in that the need is well established because a yard of this size cannot be maintained without a place to store the equipment. If the Commission denies his request, then he would question how all these other structures that are so visible were allowed. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:53 P.M. Dr. Vos stated he stated he did not see any hardship at all. A hardship means that a property owner cannot do anything on his/her property and has lost the right to do things on his/her property, but the petitioner has not lost any rights. The storage shed can be placed on other places on the lot, maybe not advantageous to the petitioner. He did not think they should allow any structure in the front yard. The bluffline was established after a lot of the houses were constructed, and that is why a variance must be granted now. That is true for anyone who wants to build within the setback to the bluffline. He stated he will vote to recommend denial of the variance request. Ms. Beaulieu agreed with the denial. Regarding consistency, she has been on the Commission less years than the other four members, � 7.57 APPEALS COMMISSION MEETING JUNE 7, 1994 PAGE 18 but she does not remember ever granting a variance for an accessory structure just because people need more storage. She does not remember granting a variance when even one neighbor opposes; and, in this case, many neighbors are opposing this variance. She did not know about the variance that was granted in the past for the gazebo, but would not vote in favor of a variance for any structure closer than the required 40 feet. She would enthusiastically vote to recommend denial of this variance. Ms. Savage also agreed. She stated she did not know about the other accessory structures the petitioner was referring to. She did not know if they are storage sheds that have been there for the last 20 years and were not under the same regulations as they have now, or what the situations were. The only similar variance that the Commission has granted was the one for the gazebo which is a recreational building, and she did not believe there was any opposition to it at the time. She stated the Commission has to act on this particular variance, and she, too, would recommend denial of the variance. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #94-08, by Wayne Dahl, per Section 205.25.08.C.(1) of the Fridley Zoning Code, to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 feet to 1.5 feet; and per Section 205.04.05.B of the Fridley Zoning Code, to allow an accessory structure in the front yard; to allow the construction of an 8 foot by 15 foot storage shed on Lot l, Block 2, Sandhurst Addition, the same being 177 Hartman Circle N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 20, 1994. ADJOURNMENT: MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the June 7, 1994, Appeals Commission meeting adjourned at 10:05 p.m. Res ectfully stxpmitted, li /� �' }l,�` � �'�f! ��- r. Lyn'e Saba Recording Secretary 17.5$ En�lneering Sewer +^:ater Parks St�eets �v'.aintenancc ME MORANDUM TO: William W. Burns, City Manager �� PW94187 FROM: John G. Flora, �ublic Works Director Scott Erickson, Assistant Public Works Director � DATE: June 20, 1994 SUBJECT: Award of Street Improvement Project No. ST. 19947, Concrete Street Repair - North and South Innsbruck Area On Thursday, June 2, 1994, we opened bids for Street Improvement Project No. ST. 19947, Concrete Street Repair in the North and South Innsbruck area. Nine potential bidders received plans and specifications, and five bids were received. Progressive Contractors, Inc. was the aow bidder at $253,400. Progressive Contractors, Inc. has successfully performed similar projects for Anoka County and other metro area cities. The amount budgeted for the concrete street repair was $250,000. The street reconstruction budget has adequate funds for the additional $3,400. Recommend that the City Council award the Street Improvement Project No. ST. 19947, Concrete Street Repair - North and South Innsbruck Area to Progressive Contractors, Inc. for $253, 400. SE/JGF:cz Attachments : � �� Poa� BID FOR PROPOSALS CONCRETE STREET REPAIR — NORTH/SOUTH INNSBRUCK AREA PROJECT NO. ST 19947 THURSDAY, JUNE 2; 1994, 10:00 A.M. ,; . ; PL�INHOLDER BID BOND . ;; TOTAL BID COMMENTS � PCI I nc $253,400 8736 Zachary Ln � Osseo MN 55369 Arcon Construction $349,900 P O Box 57 Mora MN 55051 Thomas & Sons $356,190 13925 Northdale Blvd P O Box 303 Rogers MN 55374 Advanced Concrete Inc $389,440 1143 Riverwood Dr Burnsville MN 55337 Div 3-5-7 Specialties $510,975 7670 Hwy 65 NE Fridley MN 55432 Construction Materials Inc NO BID 6725 Oxford St Minneapolis MN 55426 Forbe Contracting NO BID Rt 2 Box 333 Hinckley MN 55037 Knish Construction Co Inc NO BID Route 1 Box 257 Montgomery MN 56069 Palda & Sonc Inc NO BID 1462 Dayton Ave St Paul MN 55104 ' ; � / / / - - - � . . --- . _ . ._. . ' . _,.. _. • . �)4};� . ^•.. MliaCi$ � _. 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'_" � ' '.c"' ' __ ' ' i ' __ - � i = _ ' _ - • - _'_ '-- ` _ ' � - �_ � 1 1 _ �:.. ' c ' _ _" . _' ' ' _ ' F . ...__ . . _ - '. '_ � � � ��1�� = - - _ - �;, �-'. _- --. .--. __° � �� -- -- �, T�_1,;, . _ = __ _ _ _ __ – _ �s ��: � _ ` 1;�: _== = =_-_ - - �_ - = _ - = = -.=:- -�, p��_;;; : '-. ��;1;i�1�?._ __ -.. =_ -_ __ _. __. _ __ - ''` �`'"' `i; � —�_- _._ - _-__..- =_ - ° : = ''� _ � ; ^�'::_� ��• __ _ =t ° _—.--_ _'': ._ __ - _ _ � ��;��_•-''7 ��7f ° _- = -- °_ _ . °__ --_ ==- = _'• � w. ^ � ; p : ,;, : ; �� _ _ �=:_ -- _-- _ - = --- ___ _ - ;` .�^,��L_.'.i�s�j�_ _�' ' -> .. : -- �_ . - '_. � _- _ . ;' __ - � = -- •.� r---- -- � . •I; �' -_ $TREET MAP-CITY OF - _- � FRIDLEY --_ - � _ _- ;� � � ��.-..-.__-..-_:-_.-...- -- -__- _ - __ - 'll R�TE `:i�C��'`: ��A::':<:::<` CAPITAL IMPROVEMENT PROGRAM PROJECT AREA STREETS Apri! 20, 1994 `��:;::;> 1994 . E. RIVER RD. UPGRADE-PH 1(! *MAIN STREET 1994 SEALCOAT PROGRAM *SIGNALS AT UNITY HOSPITAL & OSBORNE (EVP) *SIGNALS AT WAL-MART - COUNTY ROAD 5 (EVP) 1994 STREET RECONSTRUCTION PROJECT *STINSON BOULEVARO UPGRADE *KERRY LANE REPLACEMENT *CONCRETE STREET REPAIR *CENTRAL AVENUE BIKE PATH *SIGNAL (EVP) IMPROVEMENTS *UNIVERSITY AVENUE BIKE PATH ��{��x;::`:: 1995 STREET FUND (94 - $11a,000) STREET FUND STREEf FUND STREET FUND STREEf FUND STREEf FUND STREET FUND (110,000.00) STREET FUND (75,000.00) STREET FUND (250,000.00)� STREET FUND (65,000.00) (50,000 GRANT) STREEf FUND STREEf FUND (60,000 MATCHING GRANT) TOTAL PROJECT FOR 1995 OVERLAY PROGRAM STREET FUNO 1995 SEALCOAT PROGRAM STREET FUND 1995 STREET RECONSTRUCTION PROJECT STREEf FUND *SIGNAL (EVP) IMPROVEMENTS STREET FUND TOTAL PROJECT FOR ?�`(��R<:<<� 1996 E. RIVER RD. ME01AN UPGRADE STREET FUND 1996 OVERLAY PROJECT STREET FUND 1996 SEALCOAT, PROGRAM STREET FUND 1996 STREET RECONSTRUCT PROGRAM STREET FUND *SIGNAL (EVP) IMPROVEMENTS STREET FUND TOTAL PROJECT FOR * NEW PROJECTS 18C 275,000.00 110,000.00 224,000.00 11,00�.00 40,000.00 500,Q00.00 24,000.00 fi0,000.00 �1,244,000.00 90,000.00 140,000.00 500,000.00 36.000.00 �766,000.00 55,000.00 100,000.00 146,000.00 500,000.00 � 40,000.00 $841,000.00 En,i^eenng Sewer f:a!er f�c�k5 Street; �J!a�n;er,ancc ME MORANDUM TO: William W. Burns, City Manager �� PW94188 FROM: John G. Flora,�Public Works Director Scott Erickson, Assistant Public Works Director��, DATE: June 20, 1994 SUBJECT: Commons Park Shelter, Project No. 267 Attached is a resolution advertising for the materials and construciion of a park shelter building at Commons Park. This project is in the 1994 Capital Improvement Program budget with an established amount of $120,000. SE/JGF:cz Attachments 19 �� FW �EY RF�SOI�iI'ION I�U. - 1994 �• • • • � �• � � r ••� � � i�+ � u � � �+�� ia� • • : n. � • i a� i �� : -� �:� �. ..,• � • W�, the construction of certain improvements is deemed to be in the intexest of the City of Fridley and the property awners affected thereby. Nl7W, Tt�EFORE, BE IT RFr90LVED by the City Council of the City of Fridley, Anoka County, Mirmesota, as follows: 1. Zhat the followirig impravements propoe� by Council Resolutions are hereby ordered to be affected and ccxt�leted as required: QOd�JNS PARiC S'i�LTER, PFIATEGT I� . 2 67 2. The plans and specifications under the direction of the Public Wbrks Director for such i�ravements are hereby approved ar�d shall be filed with the City Clerk. The Public Works Direct�or shall accordingly prepare arid cause to be inserted in the official newspaper advertisements for bids upon the making of such it�rovements tuldex such appraved plans and specifications. The advertisem�it shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:00 am on Tuesday, the 26th day of July, 1994, and that no bids will be considered unless sealed and filed with the Public Works Director. 'IRlat the advertisement for bids for Cc�n�mions Park Shelter, Project No. 267, shall be substantially in the standard form. PAS3ID Ai�ID ADOP.i'ED BY TI� CITY O�UNCIL OF TI� CITY OF FRIDLEY T�IIS 20TH L1AY OF JUNE, 1994. A'ITE.ST: WILLIAM A. C�iAMPA - CITY CI�RK 19A WILZIAM J. NEE - MAYOR NOTICE TO BIDDERS COMMONS PARK SHELTER IMPROVEMENT PROJECT NO. 267 Sealed bids wi{I be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue NE, Fridley, MN 55432 (Tel. 571- 3450) on the Tuesday, 26th day of July, 1994, at 11:00 a.m. Materials and Construction of Park Shelter Building All in accordance with plans and speci�ications prepared by John G. Flora, P.E., Public Works Director, Fridley Municipal Center, 6431 University Avenue NE, Fridley, MN 55432. Plans and specifications may be examined at the Office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $25.00 fo� each set. The deposit will be refunded to each bidder submitting a bona fide bid upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (drawn on a responsible bank in the State of Minnesota), or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received witfiout explanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 20th day of June, 1994. Published: Fridley Focus July 5, 1994 July 12, 1994 July 19, 1994 John G. Flora, P.E. DIRECTOR OF PUBLiC WORKS Construction Bulletin July 1, 1994 July 8, 1994 July 15, 1994 . - City of Frid{ey State of Minnesota Beginning Balance Revenues Funds Available Proiects Ending Batance Beginning Balance Revenues Funds Available Projects Ending Balance S YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1994 Parks al Iml 1994 ments interest Income Park Corrtributio�s Currerrt Ad Valorem Homesie+�d and Agriculture Credit Aid Total Revenues Playgrourxi Equipmertt Upgrades Tennis Court Resurfacing Commorls Park Act'Nity Building New Project ADA Park Improvemerrt Total Projects f 995 Irrterest Income Park Corrtributio� Currer�t Ad Ya{orem Homest�d and Agricufture Credit Aid Total Revenues Commons Park Press Box Court Resurfacing New Project ADA Park Improvement Tennis Court Overk�ys Total Projects 19(�00 � •• , • � .� _ � •., "a.'4 � 120 15 194 39,66 i 10,00( 85,55( 15,00( 150,21i 943,55i 15,OOC 12,OOC 15,00C 56,00C 98,00C Sa45.557 ! _�;- � — � � ;s � ; ; l� �' � - � I ( a � � � - � � i .�. 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' '. � ,..... � .. .., . . _' .. ��J .. i �� I 20 22 �i �� i FOR CONCURRENCE BY THE CITY COL'idCIL GlYOf FRl DLEY GA5 SERVICES Four Seasons Air Speciatists 4739 Division Ave White Bear Lake MN 55110 Ken Koetz Northland Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Richard Tieva GFNERA� CUNTRA,CTOR-COMMERCIAL Rayco Construction 3801 5 St NE Columbia Heights MN 55421 Monika Ellis Sheehy Ed Construction 2402 University Ave St Paut MN SS 114 Ed Sheehy Steel King Construction Co 11� S Watertown St Waupun, WI 539b3-0469 David Bailey Stock Roofing Inc 2$9 Liberty St Fridiey MN 55432 Warren Stock (iFNERAL CONTRACTOR-RESIDENTIAL All-Ways Decks (3805) 310 Wexford Heights Dr New Brighton MN 551I2 Jeff Schneider Exterior Design Service (3237) 639 i Monroe St NE Fridley MN 55432 Paul Kilgore Franzen Construction Co (2744) 4250 5 Street NE Columbia Heights MN 55421 Miller R Construction Inc (6354) 953 Mississippi St Fridley MN 55432 Robert Franzen Ron Miller 22A LICEN3E8 JOHN PALACIO Chief Bldg Ofcl Same JOHN PALACIO Chief Bldg Ofcl Same Same Same STATE OF MINN Same Same Same Scandy Concrete lni; (PENDING) 4747 5 St Nl� Columbia Heights MN 554? I Volk & Saas Construction Inc (2062) 489 Hais�y Ave SE Buffalo MN 55313 Western Construction Co (4238) 4301 Hwy 7 Minneapolis MN 5541b-1374 HEATING Four Seasons Air Specialists 4739 Division Ave White Bear Lake MN 55110 Northland Mechanical Contractors Inc 2400 Nevada Ave N New Hope MN 55427 Northwest Sheetmetal Co of St Paul 2136 Wabash Ave St Paul MN 55114 Romark Inc 278 Chester St St Paul MN 55107 Spartan Mechanical 9801 Va11ey View Rd Eden Prairie MN 55432 MASONRY Serice Construction Inc 7109 Cahill Ave E Inver Grove Heights M1V 5�076-25$6 PLUMBING Gadtke Plumbing Inc 4926 N Hwy 169 New Hope MN 55428 Northiand Mechanical Contractors Inc 2900 Nevada Ave N New Hope MN 55427 Mary Kduth Gene Volk Milton Chazin Ken Koetz Richard Tieva Rodney Albers Mark Blaisdell Dennis Edwards Sanny Anderson Duane Gadtke Kenneth Mosloski 22B Same Same Same JOHN PALACIO Chief Bldg Ofcl Same Same Same Same JOHN PALACIO Chief Bldg Ofcl STATE OF MINN Same Spartan Mechanical 9801 Valley View Rd Eden Prairie MN 55344 ROUFING M & S Roofing Inc 1615 99 LN Blaine MN 55449 SIGN ERECTO� Fish & LaBeau Signs 2327 N 2 Street Minneapolis MN 55411 Dennis Edwards Jerry Seiberlich Mark Fisher ZZC Same JOHN PALACIO Chief Bldg Ofcl JOHN PALACIO Chief Bldg Ofcl � � QiY OF � Bonine Excavating, Inc. 12669 Meadowvale Road Elk River, MN 55330 ESTIMATES JUNE Zo, s994 64th Avenue Storm Water Improvement Project No. 260 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . $ 12,662.74 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of May, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,425.52 Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 266 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,192.95 23 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: June 20, 1994 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estirnate for 64th Storm Water Improyement Project No. . 260, for Bonine Excavating, Inc., 12669 Meadowvale Road, Elk River, MN 55330.. We have viewed the work under contract for the construction of 64th Avenue Storm Water Improvement Project No. 260 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on June 17, 1994. Respectfully submitted, , , " : � _ - �� . __ John G. Flora Director of Public Works JT:cz Prepared Checked 23B June 20, 1994 To: Pubiic Works Director City ofi Fridiey REPORT ON FINAL INSPECTION FOR CtTY OF FRIDLEY 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that bein�June 17, 1994. son, Construc�ition Inspector -� ,�.�/��.: . Contractor Representative, (Title) 23C June 20, 1994 City of Fridley 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein. have been actually furnished and done, fior the above-mentioned projects in accordance with the plans anci specifcations heretofore approved. The final contract cost is $i05,939.92 and the final payment of $12,662.74 fior the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. BONINE EXCAVATING, INC. - �;. . - �_. Jerry Bonine, Project Coordinator 23D June 20, 1994 City of Fridley 0 64TH AVENUE STORM WATER IMPROVEMENT, PROJECT NO. 260 PREVAILING WAGE VERIFICATION This is to certify that Bonine Excavating, lnc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. BONINE EXCAVATING, INC. , ---. Jerry Bonine, Project Coordinator 23E = Engineering�Division Period Ending: June 17, 1994 TO: Honorable Mayor and City Council FOR: Bonine Excavating, Inc. City of Fridley . 12669 Meadowvale Rd 6431 University Ave, NE Elk River, MN 55330 Fridley, MN 55432 JOB CODE: 603-60-00-415-4530-6040 Dated: June 20, 1994 64th STORM WATER IMPROVEMENT PROJECT NO. 260 STATEMENT OF WORK � ; Esi Clearing Grubbing Con�ect to Existing RCP Remove Existing Culvert Relocate Ex Watermain Valve 6-in. DIP Diich Gleaning Central Ave Ditch Grading Pond Construction Foundation Material 1-1/2 Minus Class 5 Aggregate Base Topsoil Borrow (L� 15-inch RC Apron 36-in. RCP Apron 15-in. AC Pipe Swr Design 3C10G CL III 18-in. RC Pipe Swr Design 3006 CL !II 36-in. RC Pipe Swr Design 3006 CL tH 18-in. RC Pipe Drain 27 in. x 36 in. Tee With Beehive 72-in. Diameter Manhole 36-in. �iameter RC Pipe Bends Core Connect 8-in. PVC to 36 in. RCP Core Connect 12-in. PVC Yo 36-in. RCP Concrete Curb & Gutter, B618 8-in. Conc. Driveway Pavement & Apron Bituminous Driveway Sodding, Lawn & Boulevard Seeding, Mix No, 500 Wood Fiber Blanket Silt Fence Hay Bails Procto� �." � ' Densitv Testina. In Ptace 0.25 2,200.00 AC 0.25 2,200.00 AC 3.00 440.00 Ea 175.00 4.40 LF 1.00 1,210.00 LS 20.00 18.70 LF 550.00 6.60 LF 1.00 3,850.00 LS 1.00 29,044.40 !S 150.00 28.60 i CY 96.00 11.00 TN I 122.00 11.00 CY 1.00 990.00 Ea 1.00 1,870.00 Ea 151.00 20.93 LF 24.00 22.87 LF 773.00 49.49 LF 12.00 129.89 LF 3.d0 935.00, Ea 1.00 1,925.00 i Ea 2.00 451.i)0 � Ea I � 1.00 440.00 i Ea J 1.00 440.00 � Ea i i 70.00 11.00 �- LF � i 1.00 44.00 ` SY 40.00 7.7C ' SY 2709.00 1.52 i SY � 0.90 1,732.5G i Acre + � 200.00 2.10 � SY i 810.00 3.05 � LF 73.00 3.26I LF 1.00 68.25 Ea 8.00 3&JS Ea TOTAL THIS ESTIMATE �: ., . ° 23F ntity � Amoi iis � Thi � •• � �• • .� � �� •� � •• � •• � •� � •� • •� � •• � �• � �� • � •• • •� � �• • •• • •• � •• � �• • •• • �� • �• •• � •• . .. � �� 0.00 0.25 0.00 0.25 0.00 3.00 0.00 9 75.00 0.00 2.00 0.00 15.00 0.00 550.00 0.00 1.00 0.00 1.00 0.00 75.00 0.00 50.00 0.00 0.00 2.00 0.00 1.00 0.00 131.00 0.00 24.00 0.00 773.00 0.00 12.00 0.00 3.00 0.00 1.00 0.00 2.00 0.00 1.00 0.00 1.00 0.00 55.00 0.00 5.00 0.00 70.00 0.00 l 740.00 1,559.25 0.90 0.00 0.00 550.00 0.00 36.00 0.00 0.00 $1,559.25 TOTAL AMOUNT 550.00 550.00 1,320.00 770.00 2,420.00 280.50 3,630.00 3,850.00 29,044.40 2,145.0�� 550.00 0.00 1,980.00 i ,870.00 2,741.83 548.88 38,255.77 1,558.68 2.805.00 1,925.00 902.(;0 440.00 440.CQ 605.0� 220.00 539.Gi 2,644.8 �' 1,559.2 � O.G� i ,s�%.so 1 17.30 0.00 O.Ov $105,939.97 � 64th STORM SEWER IMPROVEMENTS, PROJECT NO_ 260 ESTtMATE NO. 3 (1=1NAL) SUMMARY: Original Contract Amount Contract additions C.O.# 1 Contract deductions — Revised contract amount Value Completed To Date Amount Retained (0°�6) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE $111,611.82 CERTIFICATE OF THE CONTRACTOR 111,611.82 105�939.97 0.00 93,277.23 $ i 2,662.74 GRAND TOTAL PAGE 2 , $105,939.97 I I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have ar� actual value under the contract oi the amounts shown on this estimate {and the final quantities on the final estimate are correct}, and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been received. .- , � �' - �f - < <� By '%'��;=�� :�,� �1�77"1 t _S��(. Date � Contractor's Authorized Representative (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitied to payment of this es#imate under the contract for reference project. C1TY OF FRIDLEY, INSPECTOR By �- � Checked By f f _. - D ate Respectfully Submitted, � : � .-�-,=-- � -�_ - �ohn G. Flora, P.E. Public Works Director 23G •« : ,� .:f�. ��;,;, r, CITY OF FRIDLEY PETITION COVER 8$EET PETITION NQ.: 4 DATE RECEIVED: JUNE 2.0� 1994 OBJECT: 3 COPPER SULFATE TREATMENTS OR 3 WEED HARVEST/COPPER SULFATE TREATMENTS OR 1 COPPER SULFATE TREATMENT AT MOORE LARE See petition for more detail. 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