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PL 04/03/2002 - 00024739CITY OF FRIDLEY PLANNING COMMISSION MEETING. APRIL 3, 2002 CALL TO ORDER: Chairperson Savage called the April 3, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dean Saba, Barb Johns, Leroy Oquist Members Absent: Dave Kondrick, Larry Kuechle, Brad Dunham Others Present: Stacy Stromberg, Planner Shannon Wright, 506 Rice Creek Terrace Lloyd Nietling, 506 Rice Creek Terrace Timothy Miller, 591 Dover Street Sue Paenter, 541 Dover Street Marlene Knight, 513 Rice Creek Terrace APPROVE THE MARCH 20. 2002. PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the March 20, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #02-04, by Shannon Wright and Lloyd Nietling, for a second accessory structure (garage), generally located at 506 Rice Creek Terrace NE MOTION by Ms. Johns, seconded by Mr. Saba, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M. Ms. Stromberg stated that the petitioners are seeking a special use permit to allow the construction of an 864 square foot accessory structure in the rear yard of their residence at 506 Rice Creek Terrace. The building will be used for storage and a workshop. Section 205 of the City Code requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet. It also requires that the total square footage of accessory structures not exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,304 square feet. There is also a 71.5 square foot enclosed storage area located directly next to the existing garage that must be removed upon completion of the proposed accessory structure as it does not meet building code requirements. The petitioners have asked to keep the enclosed storage area intact until the proposed structure is constructed to eliminate any outdoor storage issues. PLANNING COMMISSION MEETING. APRIL 3. 2002 PAGE 2 Ms. Stromberg stated that the proposed accessory structure would be accessed off 68tn Avenue. The accessory structure meets all setback requirements. Staff has received comments from two neighbors expressing concern that the covenant requirements do not allow detached garages. The covenants expired in 1985. If the covenant had not expired, it would have been up to the neighbors to bring a lawsuit against the petitioner because the City does not enforce covenants. Ms. Stromberg stated staff recommends approval with the following stipulations as second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district: 1. The petitioner shall install a Code-required hard surface driveway within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. The garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 7. The petitioner shall remove the enclosed storage area along the southwest side of the garage prior to April 3, 2003, or prior to the final inspection of the proposed accessory structure, whichever comes first. Ms. Savage asked if there were any other comments from the neighbors. Ms. Stromberg stated they heard one comment from a neighbor who wrote to say the proposed garage was okay with her. Mr. Oquist asked if this special use permit was not approved, would the enclosed storage area along the southwest side of the garage have to be removed? Ms. Stromberg stated that, yes, it would have to be removed. Ms. Savage asked if staff had explained to the neighbors that the covenant had expired. Ms. Stromberg stated that when she first spoke to the neighbor who had the question, she was not clear whether the covenant had expired. The City Attorney advised her it had expired, so she left a message for the neighbor to give her a call back. She never received a call back from the neighbor. Mr. Saba asked why the garage would be at an odd angle. Ms. Shannon Wright, petitioner, stated that it was a mistake. It had been approved to go right along parallel to the easement. They are planning to do a renovation in the yard, and this would be a good time to put this accessory structure out there because they are going to be doing major dirt hauling. They are planning to spend around $50,000 outside of the house to update the property. They talked with six of the nearest neighbors who do not have a problem with the garage. The neighbor across the street on 68th Avenue has a detached garage located across the street from their proposed garage location. No neighbor has a front door looking out on 68tn Avenue. The people in back on both sides do not have a problem with the new garage. She stated they want to make this look property as nice as they can, and they do not have any problems with the stipulations. The enclosed storage area along the side of the garage was PLANNING COMMISSION MEETING. APRIL 3. 2002 PAGE 3 built by her husband and is not attached to the garage. It does not bother her to take it down. They will remove everything out from the storage area into the new garage and have the storage structure dismantled then. Siteworks Design will be building the foundation. It should take about three weeks to build the accessory structure. Ms. Marlene Knight, 513 Rice Creek Terrace, stated that she has safety concerns and did return the phone call about the covenant to Ms. Stromberg twice. She then talked to Mr. Bolin. This is a very short street at about 1/2 block. People race around these corners all the time. The neighbors are looking at a 3+ car garage here and the potential for abuse by future owners is a concern with extended family having more cars producing more traffic. The neighborhood has all attached garages and this would not fit in. Ms. Savage stated that the special use permit request meets the requirements that accessory buildings cannot exceed 1,400 square feet. Ms. Knight stated that she understands that and is only bringing up various safety issues and other things that come along with having such a fairly short street. Ms. Savage stated she is very familiar with this street as she drives there twice a day. She has never experienced cars zipping around fast. She has lived near there for 15 years. Ms. Knight stated cars go too fast all the time, go up on people's yards, and everything else. She has lived there for over 30 years. Mr. Lloyd Nietling, 506 Rice Creek Terrace, stated that he jogs the area. Many people's garages are filled with treasures. He is a packrat and has lots of treasures. They have no plan to use this as a garage. The first thing that will go into this structure will probably be the ping pong table, saw, and other treasures. He does not think that three car garages attached to the house look very good. There are many houses with two car garages with two vehicles sitting out in the driveway, and he does not think that looks very good. They want to increase the value of the property and keep the location looking nice. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Ms. Johns asked if Fridley has an ordinance that limits the amount of cars parked in the driveway. Ms. Stromberg stated it does not. Mr. Saba stated that many people need more storage space for vehicles and other things. He does not have any problem with this at all. Ms. Johns stated that there does not seem to be any problem with this request. If the home was ever sold, there might be a problem with many cars in the driveway and garage. Ms. Savage stated she does not have any problem with this request. PLANNING COMMISSION MEETING. APRIL 3. 2002 PAGE 4 MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #02-04, by Shannon Wright and Lloyd Nietling, for a second accessory structure (garage), generally located at 506 Rice Creek Terrace NE with the following stipulations: 1. The petitioner shall install a Code-required hard surface driveway within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. The garage shall be architecturally compatible with the existing home and finished with complementary siding and color scheme. 7. The petitioner shall remove the enclosed storage area along the southwest side of the garage prior to April 3, 2003, or prior to the final inspection of the proposed accessory structure, whichever comes first. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on April 22. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #02-05, by Timothy Miller, for a second accessory structure (garage), generally located at 591 Dover Street NE MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing and waive the reading. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING AS OPENED AT 7:53 P.M. Ms. Stromberg stated that the petitioner is requesting a special use permit to allow the construction of an 840 square foot garage. Section 205 requires a special use permit to allow accessory buildings other than the first accessory building over 240 square feet and requires the total square footage of accessory structures not to exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,374 square feet. The proposed structure would be located 58 feet back from the property line. Staff recommends approval with the following stipulations as this is a permitted special use in the zoning district: 1. The petitioner shall obtain all necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. All vehicles shall be stored on a hard surface as approved by the City. 4. Total square footage of all accessory structures must not exceed 1,400 square feet. 5. The garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. Ms. Savage asked if there were any calls from the neighbors. Ms. Stromberg stated she did not receive any calls. Mr. Saba asked if there was a drainage problem with the landscape in back. PLANNING COMMISSION MEETING. APRIL 3. 2002 PAGE 5 Ms. Stromberg stated this was shown to the City Engineering staff, and they did not have any drainage concerns. Mr. Timothy Miller, petitioner, stated that he does not have any objections to the stipulations. Ms. Savage asked if there were any reactions from the neighbors. Mr. Miller stated that he has not had any reactions from the neighbors. Mr. Saba asked if there were any problems with drainage or flooding. Mr. Miller stated he is on the end of a dead end street, and it is all downhill from there. The water flows away from the property. Ms. Sue Paenter, 541 Dover Street, stated she is Mr. Miller's neighbor. She wanted to show support for Mr. Miller's project. She believed it is a good idea. MOTION by Mr. Oquist, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:56 P.M. MOTION by Ms. Johns, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #02-05, by Timothy Miller, for a second accessory structure (garage), generally located at 591 Dover Street NE with the following stipulations: 1. The petitioner shall obtain all necessary building permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. All vehicles shall be stored on a hard surface as approved by the City. 4. Total square footage of all accessory structures must not exceed 1,400 square feet. 5. The garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on April 22. 3. RECEIVE THE MINUTES OF THE MARCH 13, 2002, APPEALS COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next Planning Commission meeting is April 17. PLANNING COMMISSION MEETING. APRIL 3. 2002 ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE APRIL 3, 2002, PLANNING COMMISSION ADJOURNED AT 7:59 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary