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SP 90-17 CITY OF FRUM 6431 @IIVFWITY AVE= N.B. FRMLEY, M 55432 OMM=ity DEMic{:mmt Deoartmeont (612) 571-3450 SPECIAL USE PERMIT APPLICATION YOM rrwrwwwwwwrr wrr rrrrrrrrr w ..w..rrrrrrrwwww..rr....rrw�www..wwwrrrr PBD_IMTY II�O T��Idid - site plan required for submittals; see attached Address: G7L,3 �1 ' L 9- ` ✓3 '�-L'a V f� 1�+_� Legal des=ipticn: Lot 13 Block Tract/Addition P,lu C4 QPM/bai,- current zoning: J Square footage/acreage Reason for special use permit: S�0"t It S : C,t� Section of City Code: ��5 0 �7 0 (00 wwrwwwrrrrrrrrrrrwrrwwwwwwwwwrrrrrwwwwr wrwwwrrrrwrrwrrrrwwwwwwr FEE OWNER IDR UMC K (Contract Fee Owners must sign prior to processing) Ams X30 Si � DMME PHONE oTE P�rrzo� IIEORI�Il�iTIOIJ r Ns71 - `lV3I c t t y lti► '>,� .5 a `i 3.Z, IME Pfd W s 7 -3 S C Simaum DATE ;2 Fee: $ 100.00 for residential seowd accessory buildings Permit SP # �(�- ^] Rao it # 3 77Z, to y Application received by: Scheduled Planning Canmission date: i 19 qO Scheduled City Ca=il date: r rwwwwwwwwwwrrr...wrrrrrr�..ti rrrrrrrrr�.rrwwww rrwwwww�rwrrrrrwwwwr+rr4www C of Frisky PUBLIC HEARING BEFORE THE PLANNING COMMISSION Nc0ce is hereby given that there ' will.;}- a, Public Heating,of the Fr:]V ptannng Commission-6f the Frldf(:y, Mpn(cipal Center, 6431-Un(- vehity Avenue N.E. on Wednesday, Octolser 24, 1990 at 7:30 p.m,for'the purpeseoff Consideration of a Speciat Use Permit, SPa90-17, by Lynn and Christine`Hansen; per. Section 205.24.05.8 of the Fridley City Code,to allow_an.accessory building'In,the CRP-2 District(Flood Fringe}90 t 13, Block 4,Rice Creek Plaka Addition, generally located.at.230 Rice Creek Boulevard N.E. Any and all persons desiring to be heard shall be given an opportUnfty at the above Mted time and place. DQNALD BETZOLD CHAIRMAN PLANNINGcoMMISSION' Aly.questions relatelt tE"tw-low'" may be referred to the Fridley Cot& munit)r Development Department, 571-3450. Pub.Fridley Focus October 10&17, 1990, PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 17, by Lynn and Christine Hansen, per Section 205.24. 05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP #90-17Planning 10/5/90 Lynn and Christine Hansen MAILING LIST Council Lynn and Christine Hansen Loren Hedman 230 Rice Creek Boulevard N.E. 261 Rice Creek Boulevard N.E. Fridley, MN 55432 Fridley, MN 55432 Everett Madsen Janet Wyszynski 246 Rice Creek Boulevard N.E. 266 Rice Creek Boulevard N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Schillinger Glen Hambleton 240 Rice Creek Boulevard N.E. 260 Rice Creek Boulevard N.E. Fridley, MN 55432 Fridley, MN 55432 Clem Nagel City Council Members 236 Rice Creek Boulevard N.E. Fridley, MN 55432 Planning Commission Chair Wilfred Geiger 226 Rice Creek Boulevard N.E. Fridley, MN 55432 Laurance Anderson 220 Rice Creek Bouelvard N.E. Fridley, MN 55432 Henry parker 216 Rice Creek Boulevard N.E. Fridley, MN 55432 Brian Smith 201 Rice Creek Boulevard N.E. Fridley, MN 55432 William Doig 215 - 69th Place N.E. Fridley, MN 55432 Donald Cooke 224 - 69th Place N.E. Fridley, MN 55432 Edward Selenski 218 - 69th Place N.E. Fridley, MN 55432 Donald Falkum 210 - 69th Place N.E. Fridley, MN 55432 Ronald Andrle 255 Rice Creek Boulevard N.E. Fridley, MN 55432 COMMISSION APPLICATION REVIEW FILE MMIER FLE DATE MEEMG DATE FILE DESCRIPTIO CITYOF 58 9/26/90 10/24/90 FRIDLEY n^' ne COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. Of�ARB D COMMENTS �7LL-' MICHELE M. T 1/1 MARK W JOHN F. kal,: �' 9,L 9-DA—'RREL C. opo ;CLYDE M. JIM H. a -T�N vtA, [ BOB A. C �x c1iA.�c-Czus Oc;,6� I O� (etaW kaArM less �J Az actsfVUA ` � C--� lo�il�t � �o►��s Wkt� 6wid cays� 1 V►p - z l oe, Surd t,,A"n • -I w4 11' 4,08.1 roliAtl D,l Psh aale� 4ti r �► STAFF REPORT 8T APPEALS DATE CITYOF PLANNING COMMISSION DATE : October 24, 1990 FRIDLEY CITY COUNCIL DATE : November 5, 1990 AUTHOR MM/dn REQUEST PERMIT NUMBER SP #90-17 APPLICANT Lynn Hansen PROPOSED REQUEST To allow the construction of an accessory building in the CRP-2, Flood Fringe LOCATION 230 Rice Creek Boulevard N.E. SITE DATA SIZE DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling on east, south, west, & ZONING and north. UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS - ----- - ---- -- --- - STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations RECOMMENDATION 8U Staff Report SP #90-17, Lynn Hansen Page 2 Request The petitioner, Lynn Hansen, is requesting a special use permit to allow him to construct a 12 ' x 16 ' accessory building in the CRP- 2 Flood Fringe District. The petitioner intends on storing lawn and garden equipment in the accessory building. The request is for Lot 13 , Block 4, Rice Creek Plaza North Addition, the same being 230 Rice Creek Boulevard N.E. Site Located on the property is a single family dwelling unit with an attached garage. The property directly abuts Locke Lake/Rice Creek. The property is zoned R-1, Single Family Dwelling, as are the parcels to the north, south, east, and west. Analysis A large change in topography from the public right-of-way to the rear of the lot abutting Rice Creek occurs on the petitioner's lot. There are two "flat" spots in the yard; one directly adjacent to the rear of the dwelling unit and the other located near Rice Creek. The flat area adjacent to the dwelling unit is currently being used for the family's picnic table, grill, and childrens' play area. In addition to the change in topography, a 30 foot sanitary sewer easement is located in approximately the middle of the parcel. Water flowing through the Rice Creek Watershed District within the Rice Creek channel impacts the petitioner's parcel. Currently, the Locke Lake dam is failing, and the City is working with the Watershed District and the Locke Lake Homeowners Association to develop plans for replacing the dam structure, creating a sedimentation pool, and dredging the lake. At this time, a permanent elevation for the lake has not been established. The existing elevation is extremely low; there is very little if any water running through the channel. Once the permanent elevation for the lake basin has been established, it may directly impact the accessory building in its proposed location. Flood waters could carry the building downstream. For this reason, staff recommends that the accessory building be relocated to a location along the west property line near or within the 30 foot sewer easement to increase the distance that the accessory building is from the channel. This would lessen the impact of flooding on the accessory building. If placed in either location, the accessory building would be at an elevation lower than the regulatory flood protection elevation. 8V Staff Report SP #90-17, Lynn Hansen Page 3 Section 205.24. 05.B of the Fridley Zoning Code does allow accessory buildings to be located at a lower elevation than the regulatory flood protection elevation because it is not a habitable living space. Therefore, no additional fill will be needed to raise the level of the accessory building. In addition, the petitioner should be aware that if the City needs to work on the sewer line, the City would not be responsible for moving or replacing the building, should the building be damaged. The petitioner should execute a hold harmless agreement which states that he understands this situation. Recommendation and Stipulations The proposed accessory building is compatible with the adjacent uses and structures. Therefore, staff recommends that the Planning Commission recommend approval of the request, SP #90-17, to allow the construction of an accessory building in the CRP-2 Flood Fringe District, with the following stipulations: 1. The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. 2 . The petitioner shall locate the accessory building near the west property line near the power pole located on the west property line. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to delete the original stipulation number 2, and added the following stipulation: 2 . Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. SP #90-17 Lynn Hansen N MR SEC. C/TY OF NM CORNER 22 i I 2I Nl/Y SEC./I rc l:x9 69TH AVS N.E. 11 /0 9 6 j ` 69TH AVE.A N. 3pq 19 24 1j: 2fk, az o.; IF, qa,+ w zJ ')� 5 �� (w, zz� a'� 171 3 3�; lY, .,i "•`• '�,u r '°`� (a+l Q�' ''!l9 I� .Yfn ..*^ ♦,.•w..~ >w +:.. NJ 5.. ul`01 �4c s t Gnus Rj . Ohl i s Jp 3 : I,.0` ��°� ♦ Q 6 4i i0' QI �3f 0�J Opo °(�J tf.f a;i t Q8 wIf \, ,� . ,ty. VAS,,;•. G x•9 ho 2{T ';' 17 �1 �•ftfai R `N i °/♦ S f4 5 ril i3 S I re ... I�� i '�.,`.' 3, Z .�, �, x P � gyp, ;l! .•.. ,. ° ..j°� � �` o x Ip pf M',II /9 I9K C ex ♦� o j 3 a' Z vn �� iQ II 67 AVE. N.E. II '�: .'f .4 I �,e 3 ♦. �, 9 /o L' /2 /3 N /s 104, ' /� b !1 B 9 • it /� d.. ,� ' �:. 4U dr, =l + 1'ra YI I /♦ /S / i2 ,a /oe 9 � '' 6 J 2 I~ /z J,; ° ~ L`66 TH "`AVE. N.E. fmw S♦rYI 4-w•) (ii ti 4' h r� tN Jc bi I •/O 9 J / /b/ L 1 r�♦" / /1 it /I // B 4 N /v M di ',• !n m zz l/ a V 9 B 2 CRE 'I ♦ rain_ YI) ^ �� ns .~f I Ti /o B 5 C -- �'�- _ Y STATE AIB 4if6F1iNAY .YN CI SEC.14/I � 1 cavo ll"im N0 9 23 24 LOCATION .#AAP two � _ , � 4QQ -• Q � - loo m �. ► ®�� .� w� 000 .... ; A, � r� � i��/C !"J!►At.��.�.�.�.�.�.5....� iiiiiiiiii SP #90-17 Lynn Hansen 8Y and Pk,4y (4a&T6t"L cars-A�09Y A °'d „ i �"�� ,wqwfi 1. ►�s7Fsf;g EN G I NEE R I N G, INC. A�°A sz�rt��oc ►q Fnyineers t Survec .1 ' :errtzFzcate of su.tve,' for R)CE CREEK PUNI� sP / SI i Proposed Accessory Building 'Vo RICA GREEK PLAZA NDRTV4 -AdDMION /Isle* 4ar y-&i fi� es o bW and aor6d rePre5 ,W;vn e f e sonty e*e bavdw es eAr 468e a6w;6Md 4w7d" '{fir lmelkn ql'&r ded.�s,11wrtn,rd of/risible avoo dm►mfs,rl'ay.fw wr n Asid And. As 5wwyed�y mr thi a A.0 OLL9. SW URBAN EMINEERWG, INC. SITE PLAN - - - --- ----— _—Y S Lt, Af tJ S A sa,w� fvp 'SNI 'JM�3NI9N3 lYbB?ll19�5' .ov P'�'xa'r sy faal P".s-iLo "ay' v jl`slw=r-o/ cres a ��jisu/,V pw'w�iSt'd`'Rk(q/f+,fv eb!�°'°/ Lji PCV'PZAVI M-=p ,1� JW,� S-ti-Opl"20 fi2A-')S D IO UX riDlLwa,4 .v PzZ =P1 v XLq 0 A S![#� 7Jff�J Aqa-cyl . 11� u0T4,10, pauS abpao4S j � �i �^'• ao Al w d � , ll'`dZ`d^1d )-133W 3Dl?3 1103 ,��,►g: '�S .30 sJOAO/,Jns 3 s�aaur�u j 'SNI 'JNI?�133NIJN�l .2 P/WM" �i,�s�sro5 Wi 7 19 )p yzszxxR 41 a :9 70 76 7B Bo /o Jif sa � I (�G)' ► ��z �' :7 IN /o ' -9 8 1 4 3RAC t A� yf • 69 TH N,JJ AVE. N. s I A �i n.• re. 1 I 00 f 0 •y 6S 77 77 77 77 Ut f9 11 V id) (ice (fv) (AVD 4 -(.!) BS r7 71 77 7 s •. ! I . tkf VAW Z10 6(o) r BND5'4 a �2520� fi (,�I Aug �te)zl Q s (jd) tis 19 it+ �. Qo ,,, Z n r 1,gl %%U6. ✓� ., , NN 3 n w A 4i .• I s I 1 � "•'r' /�f ' '' �� X41)•"%l�, � yy N IW 1-00 mv 12 7Arj ir I -tow. .• � ��P •rte` + � y`` ; /` t,+ � � V ,r°'�6 �n' 'ILIA ;` h'yv w�a,� V Jls�•/j Q�(, � Y� 5(�f) 7A1�47q w rraa,((flN'J) w t 0 :'� 36 si�4� a ' Jos 12 V Ap 4 r 4 Af1 it M ` _ 19 ap Cf � w w T N SP #90-17 Z Lynn Hansen m II n 8 rI I I I / AVgN NE M/�NNES( Il WA i 0 , An N 0o O m< �\ m N \\ Z m 69TH A AVENUE NE N 0 a za O m o < m O C6 m A w m c /JI r �\ O 3 Z c �D m N _ WZ �o� m Z a N oo O < ^ z m Z = 3 m � D A 2 Z < 1 m Z STR ET ' D m m i ODPLAI P NAMING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 6 2. PUBLIC HEARING. CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-17 BY LYNN AND CHRISTINE HANSEN: Per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated that the petitioner is requesting a special use permit in order to construct a 12 ft. by 16 ft. accessory building in the CRP-2 Flood Fringe District. Located on the site is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling, and directly abuts the backwater of Locke Lake/Rice Creek. Ms. McPherson stated the petitioner's lot is unique in the fact that there is a large change in topography from where the dwelling unit is located to where the proposed accessory building is to be located. Also, a 30 foot wide sanitary sewer easements runs in the middle of the petitioner's lot in the area where the slope changes dramatically. The flat area which is directly adjacent to the dwelling unit is currently being used by the family for the picnic table, grill, children's play area, etc. Ms. McPherson stated the proposed storage shed is proposed to be located near Rice Creek on the flatter part of the parcel. The petitioner is proposing to place the structure an elevation lower than the regulatory flood elevation; however, this is allowed by Code as it would not be considered habitable space. Ms. McPherson stated the City is currently working with the Rice Creek Watershed District and the Locke Lake Homeowners' Association to develop plans to replace the failing dam structure on Locke Lake to create a sedimentation pool and to also dredge the lake. Currently, the City does not know what the permanent elevation of the lake will be once it is dredged; and there is the possibility that once the lake elevation has been elevated, more water could flow through the channel that directly abuts the petitioner's property. For this reason, staff recommended that the accessory building be placed on the west property line on or near the sanitary sewer easement to minimize the impact flood waters may have on the proposed building. Staff is concerned that if a major flood should occur, the building would not be swept downstream as the water would be flowing through the channel at a higher velocity than normal. PLANNING COMMISSION MEETING. OCTOBER 24, 1990 PAGE 7 Ms. McPherson stated she had met with the petitioner on site that day to discuss where he is proposing to place the storage building. He indicated that in the 11-12 years he has lived there, there has been very little, if any, water flowing in the channel adjacent to his property, that water tends to flow on the other side of the island, and that the channel adjacent to his property is more or less for the backflow from the creek. However, he did agree that the unknown is the Locke Lake improvement, but the most water he has ever seen in that channel was from the 1987 super storm. Ms. McPherson stated is recommending that the Planning Commission recommend approval of the special use permit to the City Council. Staff recommends that in either location that the petitioner should execute a hold harmless agreement to release the City of any liability or damages to the proposed accessory building prior to the issuance of a building permit (stipulation #1) . She stated stipulation #2 is optional. Except for the unknown in the Locke Lake improvement project, staff can see why the proposed location for the accessory building by the petitioner is a logical one. Mr. Betzold stated that in addition to a hold harmless agreement, he would suggest there also be indemnification. If the building is ever washed downstream which causes damage to someone else's property, the City could be sued by someone else. Staff might want to consult the City Attorney on this. Mr. Dahlberg stated that, in addition, it should not only include the building, but also the building's contents. He and Mr. Saba would be concerned about the storage of fertilizers, chemicals, pesticides, lawn sprays, those kinds of things in concentrated form, that if there is a situation where it is washed away, that amount of material dumped into the lake or stream could be a potential problem. Ms. Christine Hansen, the petitioner, stated she would like to have their attorney look at the hold harmless agrement and give his opinion as well. Mr. Betzold stated a concern has been expressed about possible environmental problems if there are fertilizers or oil type materials in the storage building. Ms. Hansen stated they will not be storing any chemicals or things of that nature in the building. Mr.. Betzold asked if Ms. Hansen would object to a .-stipulation prohibiting the storage of those kinds of things. Ms. Hansen stated she would not object to a stipulation of that nature. PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 8 MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:10 P.M. Mr. Dahlberg stated that .if the petitioner is willing and if the petitioner's attorney agrees that it makes sense to execute a hold harmless and indemnification agreement to release the City from any liability, that seems to be the most appropriate for this situation. He stated he thought it was appropriate to change stipulation #1 to include that and to omit stipulation #2. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to recommend to City Council approval of special use permit, SP #90-17, by Lynn and Christine Hansen, per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13 , Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. , with the following stipulations: 1. The petitioner shall execute hold harmless and indemnification agreements to release the City of any liability or damage to the accessory building or its contents prior to the issuance of a building permit. 2 . Any materials, which include gasoline, oil, insecticides, fertilizers, etc. , that would pose an environmental hazard when released into the water are prohibited in the accessory building. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on November 5, 1990. Mr. Dahlberg asked that staff submit the rewritten stipulations as well as the hold harmless and indemnification agreements to the petitioner so that they can be reviewed by the petitioner's attorney before the Council meeting. 3. PUBLIC HEARING: CONSIDERATION OF AN O ANCE AMENDMENT REGARDING MOTHER-IN-LAW APARTMENTS MOTION by Mr. Kondrick, seconded b Sherek, to open-the public hearing. UPON A VOICE VOTE, A OTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIER,,MD THE PIIBLIC HEARING OPEN AT 8:17 P.M. CITYOF FWDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 • (612)571-3450•FAX (612)571-1287 October 25, 1990 Lynn and Christine Hansen 230 Rice Creek Boulevard N.E. Fridley, MN 55432 Dear Mr. and Mrs. Hansen: Enclosed please find a copy of the indemnification and hold harmless agreement, which the completion of which will fulfill stipulation #1 for your special use permit request, SP #90-17. Please have your legal counsel review the enclosed agreement, and then contact myself or Barbara Dacy, Planning Coordinator, at 571- 3450 if there are any questions or concerns regarding the agreement. We have tentatively scheduled your item for the November 5, 1990 City Council meeting for final approval. Sincerely, Michele McPherson, BLA Planning Assistant MM/-dr,- C-90-910 COMMUNITY DEVELOPMENT $s DEPARTMENT CIWOF FM[XLY MEMORANDUM DATE: October 30, 1990 TO: William Burns, City Manager k FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-17, by Lynn Hansen Attached is the staff report for the above-referenced request. The petitioner is requesting a special use permit to allow the construction of a 12 ' x 16 ' storage shed in the CRP-2, Flood Fringe District. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. 2 . Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. Staff recommends the City Council concur with the Planning Commission action. BD/dn M-90-765 PLANNING DIVISION MEMORANDUM CI TYOF FRIDLEY DATE: November 1, 1990 TO: Virgil Herrick, City Attorney FROM: Michele McPherson, Planning Assistant SUBJECT: Hold-Harmless and Indemnification Agreement for Lynn and Christine Hansen Attached please find a copy of the hold-harmless and indemnification agreement for Lynn and Christine Hansen. The signing and recording of the attached agreement is a condition of a special use permit that staff is currently processing to allow construction of a storage building within the flood fringe district. The Hansen's legal counsel reviewed the agreement and made minor changes to the original agreement drafted by staff. Please respond verbally to me prior to the City Council meeting on November 5, 1990 to ensure that the agreement is satisfactory to the City. The City Council will be reviewing the special use permit request at that City Council meeting. The agreement should be signed at that time. MM/dn M-90-783 STATE OF MINNESOTA COUNTY OF ANOKA AGREEMENT THIS AGREEMENT between the City of Fridley (the "City") and Lynn D. Hansen and Christine L. Hansen, their successors, heirs, and assigns ("Mr. and Mrs. Hansen") is dated this day of , 1990. WHEREAS, Mr. and Mrs. Hansen desire to construct a 12 ' x 16 ' storage building at the location described on Exhibit A attached hereto, on property located at 230 Rice Creek Boulevard N.E. , legally described as Lot 13 , Block 4, Rice Creek Plaza North Addition, Anoka County, Minnesota, and WHEREAS, the above-described storage building location is within the Flood Fringe District, and WHEREAS, the City is willing to allow the construction of a 12 ' x 16' storage building at the designated location, provided that it is released from liability for such construction. NOW, THEREFORE, Mr. and Mrs. Hansen, their successors, heirs, and assigns hereby agree to indemnify and hold harmless the City of Fridley for any and all liability incurred by the City due to loss or claims arising from the construction of a 12 ' x 16 ' storage building at the designated location on Lot 13, Block 4 , Rice Creek Plaza North Addition, Anoka County, Minnesota. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first written above. CITY OF FRIDLEY By: William J. Nee Its Mayor By: William W. Burns Its City Manager Lynn D. Hansen Christine L. Hansen STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1990 by William J. Nee, the Mayor, and by William W. Burns, the City Manager, of the City of Fridley, a Corporation under the laws of Minnesota, on behalf of the Corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of November, 1990 by Lynn D. Hansen and Christine L. Hansen. Notary Public THIS INSTRUMENT DRAFTED BY: The City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Phone: (612) 571-3450 2 EXHIBIT A Land" G8T'S-fli► KS A'�. dols ks� ENGINEERING, INC. Fn y neers Sur veyors certificate of st rveT For RCE CREEK PLAZA.K. 1� 2 o Q.Q. h tD T Storage Shed Location ); m LOT 13 , BLOCK 4 J' RICE CRE'K -PLAZA N DRT -AL DIT►O N �/o-zby c!4ry:&i his is o Inx and=,6c/,rprL,s&7/v rano-cWwy eik ba.�dorirs r& &16W 96w:&d krd,OV &W;yl,#Vr*7,&V 0 ViSiUt cVnochMWIs,iTae .fl.1.7 s.►d knd k aa,rxycd 1�IM !YAs cbry a.o LU9. SUB URB" EN61NEE046, INC. • S fr Sur'►tsprs f 4-75A - - FRIDLEY CITY COUNCIL MEETING OF NOVEMBER S. 1990 PAGE 7 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 24, 1990: A. SPECIAL USE PERMIT. SP #90-17, BY LYNN AND CHRISTINE HANSEN, TO ALLOW AN ACCESSORY BUILDING IN THE CRP-2 DISTRICT (FLOOD FRINGE) ON LOT 13, BLOCK 4. RICE CREEK PLAZA NORTH ADDITION, GENERALLY LOCATED AT 230 RICE CREEK BOULEVARD N.E. : Ms. Dacy, Planning Coordinator, stated that this special use permit is requested in order to construct a storage shed in the flood fringe district. She stated that the Planning Commission recommended approval of the special use permit with two stipulations, which she outlined. MOTION by Councilman Billings to grant Special Use Permit, SP #90-17, with the following stipulations: (1) the petitioner shall execute a hold harmless agreement to release the City from any liability or damages to the accessory building prior to the issuance of a building permit; and (2) any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 19, 1990, ON PROPOSED LANDSCAPE AMENDMENTS TO THE ZONING CODE: MOTION by Councilman Billings to set the public hear' g for November 19, 1990 on the proposed landscape amendments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive a minutes of the Planning Commission Meeting of October 24, 1990. Seconded by Councilman Billings. Upon a voice vote, a voting aye, Mayor Nee declared the motion carried unanimously. 9. ESTABLISH A PUBLIC HEARING ORDINANCE TO COLLECT A RECY JJ& FEE: MOTION by Councilwom/FORAoStUP]IPLEMENTAL to set the public hearing for November 19, 1990 recollection of a recycling fee. Seconded by CouncilmaUpon a voice vote, all voting aye, Mayor Nee declarcarried unanimously. 10. APPROVAL O OTPPROP IAT ON FROM THE STORMWATER ERVE TO THE 1990 STORM WATER 52ND AVENUEATORMEXTENSION: MOTION by ouncilman Billings to approve a supplemental appropriat' n of $5,300 from the Storm Water Reserve to the 1990 Storm Wa er Project for the 52nd Avenue storm drain extension. yf STATE OF MINNESOTA COUNTY OF ANOKA AGREEMENT THIS AGREEMENT between the City of Fridley (the "City") and Lynn D. Hansen and Christine L. Hansen, their successors, hIrs, and assigns ("r� and Mrs. Hansen") is dated this day of , 1990. yr WHEREAS, Mr. and Mrs. Hansen desire to construct a 12 ' x 16 ' storage building at the location described on Exhibit A attached hereto, on property located at 230 Rice Creek Boulevard N.E. , legally described as Lot 13 , Block 4 , Rice Creek Plaza North Addition, Anoka County, Minnesota, and WHEREAS, the above-described storage building location is within the Flood Fringe District, and WHEREAS, the City is willing to allow the construction of a 12 ' x 16 ' storage building at the designated location, provided that it is released from liability for such construction. NOW, THEREFORE, Mr. and Mrs. Hansen, their successors, heirs, and assigns hereby agree to indemnify and hold harmless the City of Fridley for any and all liability incurred by the City due to loss or claims arising from the construction of a 12 ' x 16 ' storage building at the designated location on Lot 13 , Block 4 , Rice Creek Plaza North Addition, Anoka County, Minnesota. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first written above. CITY OF FRIDLEY By: WilliamV. Nee Its Mayor By: 49-2. W_44 - William W. Burns Its City Manager Lynn D.° ansen Christine L. Hansen STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) Therego/ing instrument was acknowledged before me this 1 �'�" day of Zoj,;x�G<' , 1990 by William J. Nee, the Mayor, and by William W. Burns, the City Manager, of the City of Fridley, a Corporation under the laws of innesota, on behalf of the Corporation. e��nna�n�ivenn++ti�n�uahatititiv�nnnnnn�,s jrj f •+QNck0. otary Pu is "$ b", "cmm. E ,i..s Oct 21,153 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 16 day of Neter, 1990 by Lynn D. Hansen and Christine L. Hansen. Notary Pub ' c WALTER J. C "OTAN PUBLIC MMOM STEARNS COUNTY =ission expires 34M THIS INSTRUMENT DRAFTED BY: The City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Phone: (612) 571-3450 2 EXHI$IT A efa&T6an 6s7s-x?ffm�(►cs AT Soils ks�� ENGINEERING, INC. A "`vlo I CMI b A'riopo/ su�l Iw06d Enyneers Surveyors ceirt i ricate of 5168rve f or R10E CREEK PLAZA,1K. -zoo 0 a 1 �� O �\ '�• \ lr c* Storage Shed Location I f Cv O /S T �ASO i i Rift . CREEK PLAZA NDRTH "AbDITiON Ihty-rby c,,-;fy'at b,5- es a bw av mrrtcf rrFrrsmlaf,;On #{C su-my eAr A-r ryes �'flr 064 f 46CQed lmd,Ov �f 1nr/aafxn #zrrrn,&V*rl rrsibrc cxrvorl mis,rrda ,fv*a-rrr.wd krx1 As -,Lowy,cd ltf me fks dby - d V J A� Sub URBAN ENGINEERN6,, INC. UTYOF FMDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 8, 1990 Lynn and Christine Hansen 230 Rice Creek Boulevard N.E. Fridley, MN 55432 Dear Mr. and Mrs. Hansen: On November 5, 1990, the Fridley City Council officially approved your request for a Special Use Permit, SP #90-17, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Bouelvard N.E. , with the following stipulations: 1. The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. 2 . Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S ' ce ely, / 6 Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Plan ing Department by November 22, 1990. Concur with action taken 420919 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a special use permit, SP #90-17 SPECIAL USE PERMIT Lynn and Christine Hansen , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of November , 19--L—, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1 . The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. (over) STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of F ley, Minnesota, in the County of Anoka on the Ilo_ day of AFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAPALA, CITY CLERK Z 2. Any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. P FRIDLEY CITY COUNCIL FETING O! NOVEMBER S. 1990 PAGE 7 S. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 24, 1990: A. SPECIAL USE PERMIT. SP #90-17. BY LYNN AND CHRISTINE HANSEN, TO ALLOW AN ACCESSORY BUILDING IN THE CRP-2 DISTRICT (FLOOD FRINGE) ON LOT 13, BLOCK 4. RICE CREEK PLAZA NORTH ADDITION. GENERALLY LOCATED AT 230 RICE CREEK BOULEVARD N.E. : .Ms. Dacy, Planning Coordinator, stated that this special use permit is requested in order to construct a storage shed in the flood fringe district. She stated that the Planning Commission recommended approval of the special use permit with two stipulations, which she outlined. MOTION by Councilman Billings to grant Special Use Permit, SP #90-17, with the following stipulations: Ill the petitioner shall execute a hold harmless agreement to release the City from any liability or damages to the accessory building prior to the issuance of a building permit; andVVW any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING EOR NOVEMBER 19, 1990, ON PRO �W--!wnhf LANDSCAPE AMENDMENTS TO THE ZONING CODE: MOTION by Councilman Billings to set the public h ring for November 19, 1990 on the proposed landscape amendmen Seconded by Councilwoman Jorgenson. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimous . MOTION by Councilwoman Jorgenson to recei the minutes of the Planning Commission Meeting of October 4, 1990. Seconded by Councilman Billings. Upon a voice vot , all voting aye, Mayor Nee declared the motion carried unanimo Y- 9. ESTABLISH A PUBLIC 211nr FOR NOVEMBER 19,1990, ON AN ORDINANCE TO COLLECT_& ING FEE: NOTION by Councilwoman J genson to set the public hearing for November 19, 1990 reg ing the collection of a recycling fee. Seconded by Councilm Billings. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. 10. APPROVAL O O AAPEROFZIATIQN FROM THE TORMW RFE TO THE 1990 STORM WATER PROJECT EOR THE 52N AVtNUE STORM DRAIN EXTENSION.- :appr, OTION by Councilman Billings to approve a supplemental riation of $5,300 from the Storm Water Reserve to the 1990 t Water Project for the 52nd Avenue storm drain extension. 920919 NummiaW Cantor Reaor&d Cbeaited Maron Tr.Index r, cl c:. a,+ r=� r•.,, i Ma OF COUIM AE MER 4-1 STATE Of MINNESOTA,COUhiTY Of ANOKA I tweby certify that the wftn instru- ment was filed in ttus office for record on the JAN 2 2 1cn1 cam, /0 o'clock d M.,and was duty worded Cl CL Arcaaer D SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 x Land" V. La7d"hy Soils ENGINEERING, INC. 'a E .5 Surveyors veyor5 RICE CREEK PLAINN certalleate ® s bi LYNN (�(��s�� ' •�'��4,. ^� ,� ti 046 e L V, 4e 9 ID Zp, z . Ahu---�, U> r 0%% LDT, 13. BLOCK 4 RILE , CREEK -PLAZA NDRTH -ADDITION /ranee andmrircl r?r5Wf&hOn e�'10 #vrw, &Vvl muke omocbwml;, troy. fun or &7-lod lad As urwyed hy and IlAi- dwj AS 9LO. SUB URBAN ENGINEERING PVC- 2LA]