The URL can be used to link to this page

SP04-02 • [? 1TY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY INFORMATION:jsite plan required for submittal, see attached) Address: _5-7/ /9 t- t i, -Y aki _. Property Identification Number: 03-3O -og`-I -3a -- 0OS-7 Legal Description: Lot 7,-ci 9 Block At Tract/Addition Current Zoning: R-I, SfNl� % 4,-; .Square footage/acreage: �fl�r� , f Reason for Special Use: 73'v -Ac,4rt oj,az aie- Have you operated a business in a city which required a business license? Yes >4 No If Yes, which City? / y- If Yes, what type of business? -,z0c- it S-� Fi.>Ot 7 0 MArt[ti Was that license ever denied or revoked Yes No c C FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: /g±� " 1!�- DAYTIADDRESS:ME PHONE: SIGNATURE/DATE: PETITIONER 1 FORMATION NAME: v,`iv. /213vle tieJ�M Ani ADDRESS: 5 2/ '7-92:J' t".# /liar DAYTIME PHONE: 7L 3-C1/-1'1 SIGNATURE/DATE: """ ift ' -3-3 Section of City Code: FEES Fee: $100.00 Residential Second A ess400.00 Others Application Number:S'� Ory/-Oa Receipt#: /V1 R ed By: Scheduled Planning Commission Date: -113 -v . Scheduled City Council Date: 3 -0-0/ 10 Day Application Complete Notification Date: 1-,R(0-01-1 60 Day Date: v3 -15 -04-1 Document Name : Taxsys MSTINT000081JAN27040401 MASTER INQUIRY SCREEN KEY: 01417050 YEAR:2004 FEE OWNER:HOLMAN KEVIN & PAULETTE ACCT:R03 30 24 32 0188 TAXPAYER:COUNTRYWIDE TAX SERVICE LOC : 20 571 NE 79TH WAY 1757 TAPO CANYON RD SV-24 #300 LEGAL:LOTS 7 THRU 9 INCL BLK N SIMI VALLEY CA 93063 RIVERVIEW HEIGHTS, SUBJ TO EASE OF REC ASSESSOR:HOLMAN KEVIN & PAULETTE CITY:FRIDLEY PC: 00000000 571 79TH WAY NE CREATE:2000 FRIDLEY MN 55432 ACRES : PP REF: PARENT: 00527521 VALUATIONS ******************** 2003 DATA ************************** LAND: 53400 * TAX DUE TAX OUTST P/I/C TOTAL DUE IMPR: 103800 * 2205 . 76+ EST MKT: 157200 *STC: 1A SPEC: 902 .35+ TAX MKT: 140100L * NOTES : ADJ-N NAL-Y DELQ-N * TAX CAP: 1401 *ACT CD: DESC: ********************************************************* BUILDING INFO DITCH: BEN ACRES : BEN AMT: TYPE :RB LEVY: 19011F AREA: FRO1 INCDST: AG P: WASTE: 1R BLT: 1963 EFF: 1980 LAST SALE: 1987/08/28 PCA: 2112 EXEMPTIONS :HST CONST: ACTIVITY:2003/09/09 STC: 1A RES-HOMESTEAD CHAIN: *NONE* FDNC: DATA: SUB: YR:2004 MESSAGE: Date : 1/27/04 Time : 11 : 07 : 04 AM 11111 CI1YOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 January 26, 2004 Kevin and Paulette Holman 571 79th Way NE Fridley MN 55432 Dear Mr. and Mrs. Holman: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a special use permit on January 16, 2004. This letter serves to inform you that your application is complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on February 18, 2004 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your special use permit on March 8, 2004 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. i cerely, tj4 I t-cy St�i)m•erg Planner C-04-09 ewsp&p-eis City of Fridley (Official Publication) 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, February 18,2004, at 7:30 p.m.for the purpose of Consideration of a Special Use Permit,SP#04- 02,by Kevin&Paulette Holman,to construct a detached garage in their rear yard,which is lortSted in the Flood Fringe District;legally described as Lots 7,8,9,including Block N, Riverview Heights, subject of easement of record,generally located at 571-79th Way NE. Any and all persons desiring to be heard shall begiven an opportunity at the above stated time and place. Any questions related to this item may bereferredto Stacy Stromberg, Planner at763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 11, 2004. The TDD number is 763-572-3534. DIANEISAV Fi.. PLANNING COMMISSION (February 5,2004)F-2 'SP#04-02 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, February 18, 2004, at 7 :30 p.m. for the purpose of : Consideration of a Special Use Permit, SP #04-02 , by Kevin & Paulette Holman, to construct a detached garage in their rear yard, which is located in the Flood Fringe District, legally described as Lots 7, 8, 9, including Block N, Riverview Heights, subject of easement of record, generally located at 571-79th Way NE . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 11, 2004 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: February 5, 2004 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 571-79th Way NE. CASE NUMBER: Special Use Permit, SP #04-02 APPLICANT: Kevin & Paulette Holman Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To construct a detached garage in their rear yard, which is located in the Flood Fringe District. LOCATION OF 571-79th Way NE PROPERTY AND LEGAL Lots 7-9, including Block N, Riverview Heights, subject of DESCRIPTION: easement of record. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, February 18, 2004, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 11, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: February 5, 2004 City of City of Fridley Fridley Public Hearing Notice 11 A .l,. 0 .milistik . weagiii illi, 111 i \ tikla, lik iliwilow., ''W • \ \ \\ ,ii,** 1100, to i _ \ it* taiii*,,,, it .ts.1 ,-/-z ti,„„„,112 \ \ \ \ \ „,,iii viii \-Itili‘li vill'76 010' . \\, viiii oi, di., A ,r \ isill***ia A Slit ME.illaiiiritk, � \ \ \• , , 1 t SO I Wayifitt:fEl'ij‘P': \\\ I I Olita'a'll 1 iV 1 i k r i' I \ 1111N,, ,,, **. ._ \ \ \ \,,, w \\ 10„*Iiiit% ' ->-' \ \ \ \\\\ \ c\.,,,,\,\ 791 thi 1111 \ '' k giliAla 11111116"1.1. 411 • 0 0 OSAill 410 111Fr4 LEGEND Special Use Permit Request NOJ-02 A Fridley„„„Sources neer ng go,.nGIs 1/28/04 5]1 ]9th Way map Date: Petitioner: Kevin & Paulette Holman Bad Address 13 Bad Address 14 Bad Address 15 FRIDLEY,MN 55432 FRIDLEY,MN 55432 , Bad Address 4 Bad Address 5 BOZONY MILAN P & PATRICIA A FRIDLEY,MN 55432 FRIDLEY,MN 55432 501 79TH WAY NE FRIDLEY,MN 55432 CARLSON JOANNE M CURRENT ESIDENT CURRENT RESIDENT 7919 BROAD AVE NE 526 DOV ST NE atl� 530 DOVER ST NE FRIDLEY,MN 55432 FRIDLE , N 55432 FRIDLEY,MN 55432 CURENT RESIDENT CURRENT RESIDENT CUR ENT RESIDENT 541 B ALO ST NE\SCS 555 79TH WAY NE 611 B FALO ST NE C( FRIDL MN 55432 \`' FRIDLEY,MN 55432 FRID E ,MN 55432 Ri I FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF 6431 UNIVERSITY AVE NE Bad Address 1 Bad Address 10 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF Bad Address 11 Bad Address 12 Bad Address 2 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF FRIDLEY CITY OF FRIDLEY CITY OF Bad Address 3 Bad Address 6 Bad Address 7 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY CITY OF GEMMILL EARL M &LUVERN P HOLMAN KEVIN & PAULETTE Bad Address 9 468 LONGFELLOW ST NE 571 79TH WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HRA CITY OF FRIDLEY JAMES CLYDE N &SHARON E KELLER RICHARD MERLIN 6431 UNIVERSITY AVE 430 LONGFELLOW ST NE 7898 ALDEN WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 KHAN IRFAN Z LAGESSE GARLAND C JR&JANE LUTZ GARY J &SUSAN M 7892 ALDEN WAY NE 7951 BROAD AVE NE 467 79TH WAY NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MCCOY RENEE RUTH MORGAN WILLIAM A&CYNTHIA M PEABODY TROY A&ANNA L 581 BUFFALO ST NE 479 79TH WAY NE Bad Address 8 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 POMEROY FRANK& BERNADINE SHOGREN RANDY& MARY WELLMAN RUBY E 455 79TH WAY NE 524 DOVER ST NE 467 LONGFELLOW ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 WRIGHT JOHN D JR&SUSAN A 520 DOVER ST NE FRIDLEY,MN 55432 City of Fridley Land Use Application SP #04-02 February 18, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Kevin and Paulette Holman The petitioners, Mr. and Mrs. Holman, are 571 79th Way NE requesting a special use permit to construct Fridley MN 55432 a detached garage in their rear yard, not Requested Action: elevated on fill, in the Flood Fringe District. To build a detached garage in a SUMMARY OF ANALYSIS Flood Fringe District. Permit is City Staff recommends approval of this specifically required for structures special use permit, with stipulations. proposed to be elevated, but not Structures that are not elevated on fill are a built on fill. permitted special use in the flood fringe Existing Zoning: district provided that all FEMA and State R-1 (Single Family Residential) flood-proofing regulations and standards Location: provided in the City Code requirements are 571 79th Way met. Size: CITY COUNCIL ACTION/ 60 DAY DATE 9,610 sq. ft. .22 acres City Council — March 8, 2004 Existing Land Use: 60 Day — March 15, 2004 Single Family Home. Surrounding Land Use & Zoning: N: Single Family & R-1 „. E: Single Family & R-1 5 y„�' S: Park & Public Facilities W: Single Family & R-1 fr Comprehensive Plan Conformance: 11 Consistent with Plan 4,4 . ' gar=� Zoning Ordinance Conformance: , Section 205.27.4.D requires a special use permit for structures proposed to be elevated, but not built on fill. Zoning History: (Proposed Location of Garage) 1922 — Lot is platted. Staff Report Prepared by: Stacy Stromberg 1962 — Home is built. 1988 — Deck constructed. Legal Description of Property: Lots 7-9, Block N, Riverview Heights Public Utilities: Home is connected. Transportation: 79th Way provides access to residence. Physical Characteristics: Typical suburban landscaping. SP #04-02 REQUEST The petitioners, Kevin and Paulette Holman, are seeking a special use permit to construct a detached garage in their rear yard which is located at 571 79th Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without a special use permit. ANALYSIS The property is located on 79th Way, east of the Mississippi River, with the home fronting on 79th Way. The property is zoned, R-1, Single Family as are the properties to the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. tf 4 t F 1. ,iot �� .,,,, Lfj ;� � � � �� E,of s Fi �'�° 77 4 44 Existing home City Code states that no buildings or structures can be placed within the CRP-2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. On this particular property, there can be no living area below 8.23.8 feet in elevation. The proposed garage slab will be located at 821 feet in elevation. A garage is allowed to be below the required elevation for living area because it's uninhabitable. (not living space) space. The foundation, footing and garage slab have all been engneered to meet FEMA requirements. The garage floor is also designed to drain. The garage slab will be located at 821 feet in elevation, the top of the block elevation will be 823.8 feet, and the wood garage structure will start above the 823.8 feet elevation. ' . ".,g i€h "h yy„• ��.�, baa�', � '� ±[:r, 4 ,4„ „ 31 dory i 9 `. .¢ d . c. a 4 , Location of proposed garage The proposed garage meets all setback and lot coverage requirements. The petitioners have also submitted a variance request to increase the size of a first accessory building from 1,000 square feet to 1,168 square feet and to exceed 100% of the first floor area of the dwelling unit. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Structures that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood proofing standards are met. STIPULATIONS Staff recommends approval of this special use permit with the following stipulations. 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. Kevin & Paulette Holman 571 79th Way NE Fridley, MN 55432 763-780-5723 Home 763-571-7455 Work To: City of Fridley From: Kevin and Paulette Holman Date: 1/14/04 Re: Garage Dear City of Fridley, We are looking to build a garage to the size of 1168 square feet. We need the additional 168 square feet for the following reasons: 1.)Our home was build by the same people that build Riverpoint Apartments(Meadow Run). It was built for more living space than storage space. However, there was some room in our basement made for storage purposes. Since we have lived here in Fridley(16 years)we have seen Two 100 year floods both resulting to extensive water " damage in our basement. The last of which we had to totally gut our basement. As you can tell we have great apprehension in storing items like keepsakes and Christmas decorations in our basement because of the possibility of them getting ruined forever by water. 2.)Within the last 18 months the creek has again overflowed itself coming to the just the corner of our backyard. This is why we cant use our basement as storage due to potential water damage. To avoid this problem for the garage we will be raising our backyard up approx. 5 to 6 feet. (See Plans Attached). 3.)We are in need of building a garage due to lack of storage space in our home. Presently we are renting an additional storage space away from our home,which costs us$150.00 per month. 4.) In order to build the garage we will need to take our shed down that is 100 square feet.All items inside of shed need to be in a covered building such as yard care stuff and children's outdoor toys. As of right now our shed isn't large enough as it is for our riding lawn mower and mower trailer these items sit outside of well as our bikes. 5.)We will also need to house one large truck(2000 Silverado)and a full size mini van(1999 Gran Voyageur). 6.)We have spoken to a few builders and they have suggested in building a garage and working with lumber it is so much easier to work with even numbers.Taking that in to consideration as well as meeting all our needs that is why 1168 square feet is needed(see plans). We have lived in this house for over sixteen years now,and as some of you know,We take extreme pride in having a pleasant "curb appeal" to our property. We have also taken great consideration in the appearance to the _ neighborhood, which is one reason we have chosen the"L" shape we have. We will be constructing and siding garage so it will match/the lopk of the house. Sincerely, 6-11}3-egj Kevin, Paulette and Casey Holman 1 Standing on south of garage looking north *West wall will be one flat wall with no more then one window *Siding to be blue maintenance free vinyl siding to match as close to house color and size *Roofing material to match as close to house as possible N A < > V LE 0 0 Standing on Eastside of garage looking west *North wall will be one flat wall with no more then two windows *Siding to be blue maintenance free vinyl siding to match as close to house color and size *Roofing material to match as close to house as possible A > N V I ' GENERAL STRUCTURAL NOTES SCOPE OF WORK SCOPE INCLUDES THE DESIGN AND DETAILING OF A FOUNDATION SYSTEM FOR A PROPOSED GARAGE ADDITION LOCATED IN A FLOOD PLAIN. FOUNDATION SYSTEM IS TO BE FLOOD-PROOFED IN ACCORDANCE WITH THE CODE REQUIREMENTS FOR A TYPE FP3 SPACE. CONSTRUCTION IS TO BE PERFORMED IN ACCORDANCE WITH THESE DOCUMENTS AND STANDARD INDUSTRY PRACTICE. FLOOD-PROOFING PROVISIONS WILL BE PROVIDED IN ACCORDANCE WITH THE CODE: WATERPROOFING: TYPE C STRUCTURAL LOADS: CLASS 3 CLOSURE OF OPENINGS: TYPE 4 WALLS, CEILINGS, & CONTENTS: CLASS 4 GARAGE SPACE WILL BE CLASSIFIED AS W4 (FLOODED WITH FLOOD WATER) IN ACCORDANCE WITH SECTION 402.2, THE GARAGE SPACE AND HOUSE STRUCTURE ARE TO HAVE A BARRIER MEETING THE REQUIREMENTS OF THE HOUSE STRUCTURE. THE PLACARD, AS FURNISHED BY THE BUILDING OFFICIAL, IS TO BE INSTALLED BY THE OWNER IN A VISIBLE PLACE ABOVE THE RFD. DESIGN DATA STRESSES F'c = 2500 PSI — COMPRESSIVE STRENGTH AT 28 DAYS FOR CAST-IN- PLACE CONCRETE FOOTINGS F'c = 3000 PSI — COMPRESSIVE STRENGTH AT 28 DAYS FOR ALL OTHER CAST-IN-PLACE CONCRETE Fy = 60 KSI — REINFORCING STEEL — ASTM A615 — GRADE 60 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESO A DATE 07/ 03 'EG NIA 2 41 • 4 CfK1 S SHEET: S-1 - S-7 HDLMAN RESIDENCE COMMISSION N582 ULTEIG 571 79TH WAY NE DRAW BY ENGINEERS INC, �� s J H 5201 East River Road Suite 30: 1111 F R I D L E Y, MN CHECKED Y Minneapolis, MN 55421 07/15/03 F o r P A U L E T T E H D L M A N SH Phone 763-571-2500 Fax 763-571-1168 • GENERAL NOTES CONTINUED LOADINGS SNOW LOAD = 35 PSF FLOOR LOAD = 50 PSF WIND LOAD = PER ASCE 7-98 FLOOD-PROOFING LOADS: HYDROSTATIC LOAD PRESSURE = 62.5 PCF/FT HYDRODYNAMIC LOAD VELOCITY = 10 FT/SECOND UPLIFT AS CALCULATED IMPACT LOADS = 1000 LBS TRAVELING AT 10 FT/SECOND ON 1 SQUARE FOOT. OTHER LOADS ARE CALCULATED IN ACCORDANCE WITH CHAPTER 6 OF THE FLOOD-PROOFING REGULATIONS. SOIL BEARING ALLOWABLE SOIL PRESSURE = 2000 PSF ASSUMED CODES BUILDING CODE - STATE OF MINNESOTA AND IBC 2000 FILL PLACEMENT REMOVE AND REPLACE ALL UNSUITABLE MATERIAL BELOW ALL SLABS ON GRADE AND FOOTINGS, INCLUDING OVERSIZING, AS REQUIRED. ALL FILL TO BE ENGINEERED GRANULAR MATERIAL MEETING 95% STANDARD PROCTER DENSITY (ASTM D698). FILL TO BE PLACED AND COMPACTED IN LIFTS NOT TO EXCEED ONE FOOT IN HEIGHT. PLUMBING DRAINS AND SUMPS, AS REQUIRED, ARE TO BE DESIGNED AND SIZED PER SECTION 1302 BY A LISCENSED PLUMBER. MAINTENANCE THE OWNER IS RESPONSIBLE TO ENSURE THE DRAINS AND OPENINGS ARE FREE OF DEBRIS TO ALLOW WATER TO PROPERLY DRAIN FROM THE STRUCTURE. HOLMAN RESIDENCE COMMM'ION NO 82 ULTEIG 571 79TH WAY NE DRAWN O ENGINEERS INC. S _ 2 E R I D L E Y, M N 5201 East River Road Suite 30= for PAULETTE H�LMAN CHECKS Y Minneapolis, MN 55421 07/15/03 SH Phone 763-571-2500 Fax 763-571-1168 • 40.-0" FLOOR DRAIN DRAIN TO DAYLIGHT OR SUMP, TYP, --\\0 0 I t0 S5 r A/B TYP, ALL WALLS , i GARAGE M 4' CONCRETE SLAB SLOPE GARAGE SLAB PER CODE TO DRAINS o FLOOR DRAIN DRAIN TO DAYLIGHT OR SUMP, TYP, 24.-0" 16.-0" PLAN NOT TO SCALE HOLMAN RESIDENCE C003106° ULTEIG t, 571 79TH WAY NE DRAWN BY ENGINEERS INC. omiamforn s - 4 E R I D L E Y, MN SH 5201 East River Road Suite 30: for PAULETTE HOLMAN CHECKED BY Minneapolis, MN 55421 07/15/03 J Phone 763-571-2500 Fax 763-571-1168 NOTES 1. MAXIMUM WALL LENGTH ALLOWED WITHOUT A CONTROL J❑INT IS 50 FEET. 2. CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT. BRACE AS REQUIRED. 3. DRAIN TILE, DAMPPROOFING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE. 4, MEAN ANNUAL FLOOD LEVEL IS AT ELEVATION 822.8 FEET. TOP OF CONCRETE FOUNDATION WALL MUST BE A MINIMUM OF 12" ABOVE THIS ELEVATION. x 10" LONG ANCHOR BOLTS w/ (1) NUT & HEAVY DUTY WASHER (7" MIN. EMBED) OR SIMPSON MAB15 @ 72" D.C. OR APPROVED EQUAL WOOD FRAME WALL BY OTHERS 8" MIN. THICK C.I.P. CONCRETE WALL w/ 44 ELEV. = 823.8' - VERTICAL BARS @ 48" O.C. CENTERED IN WALL 44 HORIZONTAL \ 4" PVC OPENING w/ SCREENS BARS @ 36" O.C. AT EACH END @ 36" O.C. DRIVE WAY 4" SLAB ON GRADE SLOPE GRADE _ _ w/ 44 @ 18" O.C. E.W. AWAY FROM SLOPE TO DRAINS FOUNDATION — �� ELEV. = 821.0' (ELEVATION 11=1 -1 I I 1=1 ' VARIES, SEE II • J - --- -SAND CUSHION GRADING PLAN> — -2' CLR x 2'-0" DOWELS @ 18" D.C. /8" THICK x 20" WIDE MIN. STRIP FOOTING PROVIDE MINIMUM OF 42" FROST COVER TO FOOTING BOTTOM GARAGE WALL SECTION CONCRETE OPTION HOLMAN RESIDENCE COM SSS10N N . ULTEIG 571 79TH WAY NE DRAWN Y ENGINEERS INC. vrazymmeira s - 5A F R I D L E Y, M N JS 5201 East River Road Suite 30: ,A For PAULETTE HOLMAN CHECK Minneapolis, MN 55421 07/15/03 J H Phone 763-571-2500 Fax 763-571-1168 • ' NOTES 1. MAXIMUM WALL LENGTH ALLOWED WITHOUT A CONTROL JOINT IS 50 FEET, 2. CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT, BRACE AS REQUIRED, 3. DRAIN TILE, DAMPPR❑❑FING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE. 4. MEAN ANNUAL FLOOD LEVEL IS AT ELEVATION 822.8 FEET. TOP OF MASONRY FOUNDATION WALL MUST BE A MINIMUM OF 12" ABOVE THIS I/2"0 x 16" LONG ELEVATION. ALL MASONRY FOUNDATION WALLS ANCHOR BOLTS w/ TO BE GROUTED SOLID. (1) NUT & HEAVY DUTY WASHER OR SIMPSON MAB15 @ 72" D.C. OR APPROVED EQUAL WOOD FRAME WALL N,\ BY OTHERS TREATED 2 x 4 MIN, 7N-7 SILL PLATE 8" THICK MASONRY WALL '14 VERTICAL BARS GROUTED SOLID • @ 48" O.C. CENTERED IN WALL ELEV. = 823.8' 4" PVC OPENING w/ SCREENS AT EACH END @ 36" O.C. DRIVE WAY SEAL AROUND PVC AS REQ'D SLOPE GRADEa 7-SEE S4 FOR SLAB AWAY FROM FOUNDATION - — _ ELEV. = 821.0' (ELEVATION II�IIII — VARIES, SEE 1-III—Il; GRADING PLAN) - — -�\-- SAND CUSHION 12" THICK MASONRY WALL GROUTED SOLID x 2'-0" DOWELS 18" D.C. 8" DEEP x 20" WIDE a o PROVIDE MINIMUM OF 42' FROST COVER STRIP FOOTING w/ (2) °5 CONTINUOUS TO FOOTING BOTTOM HORIZONTAL BARS GARAGE WALL SECTION MASONRY OPTION HOLMAN RESIDENCE COMMISSION NO 03- 2 ULTEIG t, 571 79TH WAY NE DRAWN B ENGINEERS INC, m;grmfmra s - 5B F R I D L E Y, MN S 5201 East Rover Road Suite 30: for P A U L E T T E H O L M A N CHECKED r Minneapolis, MN 55421 07/15/03 J H Phone 763-571-2500 Fax 763-571-1168 NOTES 1. MAXIMUM WALL LENGTH ALLOWED WITH❑UT A CONTROL JOINT IS 50 FEET, 2, CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT, BRACE AS REQUIRED, 3. DRAIN TILE, DAMPPROOFING AND/OR WATERPROOFING, AND INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN ACCORDANCE WITH THE CODE, SLAB-ON-GRADE <7 1E1 I SAND BACKFILL 10 x 71-i a F GRADE 12" BLOCK w/ 4 VERTICALS @ 48' O.C. CENTERED IN WALL I , III-1 x 2'-0" DOWELS @ 16" O.C. 0 _ th DRAIN TILE TO DAYLIGHT 8" DEEP x 20" WIDE STRIP FOOTING w/ (2) a5 CONTINUOUS 00 • HORIZONTAL BARS, PROVIDE MINIMUM OF 20.E 42" FROST COVER TO BOTTOM OF FOOTING, RETAINING WALL SECTION MASONRY OPTION HOLMAN RESIDENCE DD 03io 6.82 UL T EIG 571 79TH WAY NE DRAW BY ENGINEERS INC. fumgramfrib s _ 6 P R I D L E Y, MN A 5201 East River Road Suite 30: for PAULETTE HOLMAN CHECKED :Y Minneapolis, MN 55421 07/15/03 JSH Phone 763-571-2500 Fax 763-571-1168 s • r MATERIALS CONCRETE; 3000 PSI @ 28 DAYS AGGREGATE; FTG — 1 1/2" MAX WALLS — 3/4" MAX REINFORCING 4 BARS — ASTM A615 GRADE 40 n5 & GREATER BARS — ASTM A615 GR. 60 FOUNDATION WALL REINFORCING TO BE AS DETAILED ON S-2. EXTEND BARS 24" INTO HIGH WALL (1) IS4 HORIZ, BAR AT BOTTOM OF WALL (NOT NEEDED FOR MASONRY FOUNDATION WALL) (1) s4 VERT, BAR (NOT NEEDED FOR MASONRY FOUNDATION WALL) W COMPACTED > 1 - j- FILL ;4- CONCRETE FOOTING 2S COMPACTED FILL OR VIRGIN MATERIAL CONTINUOUS STEP FOOTING HOLMAN RESIDENCE "03, 82 ULTEIG t. 571 79TH WAY NE DRAWN ENGINEERS INC. INNE411=11 S _ 7 F-R I D L E Y, MN 5201 East River Road Suite 30: II For PAULETTE HOLMAN CHECKED Minneapolis, MN 55421 07/15/03 J H Phone 763-571-2500 Fax 763-571-1168 Job NO. ULTEIG ENGINEERS, INC. 03-6582 5201 EAST RIVER ROAD �y� DATE SUITE 308 (UL ill DATE I4NNEAPOL/S, A/NNESOTA 55421 merws Q�11�0 3 PHONE (7631 571-2500 `� FAX (7631 571-1168 www.ultelg com PROPOSED GARAGE DIMENSIONS imiglielmomirliniimimmimimm 40.00 0 20 40 60 8 Scale: 1 Inch = 20 Feet `D o ,8` ^3 +t \o. a 16.00 � .` \ o0 \ 1 // \\ I •\ \\ \ply 0 , % I \ 0 \ . 0 \ / . \ N -T,t -. . . 24.00 ay/ , _-,'76.35 i . 6 25 45. . ,0\ _ J S.3'36'46 W / • \ ' \ • 25.45 ,' \ \'') ' / i c / . i' `` p/ // / ' \ ' �~b W / / /• tn SETBACK /� / w=� \�� ' _ , • / LINES 4( o/ \ - \�' -,- ,(-c,-; sem. `; .� / ,/' / / o .' - AI <' ,• / i�� , '` 6 ,:1'// Oma\ '/' \ ,' / • \ ` / IIsi tti �titiD� / 1 I J `Z6' .a too , / . N• J \ I .!`\ ' \ \,,.• /'3 35.31 \ �� N d , � A / \ CSI ' +� d'� !' $ 4 ,' ,, `n' SE ' ��,° �r X22.0 2. CI \ NOV rycz 1\ \6 :( 41/ 11;k1 \. +� \ \1 a c1 \C) ,\' \ 0. A \ % V Fk3MEN1, 1 Z. \ BPS \ U A A P \ /\ �h . ,a\�. / inti.. �5. \ • �`^^ , 1\ 1 A 26.3 ,,y tip . , I \q, +� 6'49 111. 1 1° / J a-- a A , / 5.4-� o \ .‘/ / . , A �+- B1 / // Q � a\90 \ C VERED � - (6� _ _ - OiNf ' ."' PO CHp ,'/ �°/ Li) _ z . ___ -921.0- I ' + A EJ. / 2.a, ----- azz,o- ---'- -N89_44'$4 Wa /.' - �� 25.9t o o77.73 -s . ®. .,' 25.91. 1 tti <0 N. 0 79TH WAY a I .CD1 0 M M \ 1 COD ° ° - CHAINLINK FENCE 6'us - STEEL FENCE Description of Property: Table of Elevations: 0 - MONUMENT SET Lots7, 8, and 9, Block N, RIVER VIEW Existing House Floor Elevation — 823.2 - FOUND MONUMENT HEIGHTS, Anoka County, Minnesota. Existing Basement Floor Elevation — 814.4 +/— Q' 100 Year Flood Elevation — 822.8 e - POWERPOLE Property Address: - GUY WIRE 571 79TH WAY NE Vii: - CATCH BASIN FRIDLEY MN 0- - WATER SHUTOFF VALVE 55432 PID NO: 03-30-24-32-0057 ST - STORM MANHOLE CERTIFICATE OF SURVEY FOR: I REPORTSY WASRPREP S SURVEY, PLAN, OR RED BYTHAT I ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND Paulette & Kevin Holman SURVEYOR UNDER THE LAWS OF THE STATE OF MIN/NE OT`. � ANOKA COUNTY, MINNESOTA W ter J Gr..or UC. NO. 14889 SEC 3, T 30 N, R 24 W DATE a i/ ''3 r __r k(,-, GRADING LEGEND +� 9i + ------ — EXISTING CONTOUR TAINI G WALL - PROPOSED CONTOUR S . DWG S-6 .,. 1076 35-- ♦ _ _ _ --4 25 45 ., L�..aSi;:3'3. , ••k ./1 , ,1 .i„ , - 0 --> s\AE.5) 0 �. 25.45 , 1 0"� co . ,,, o ..''' ici 9 P-)- \co t:\ I 4E6' 1 � T,OIS.=8 ,0 c',c. t,,1,\' ��' 7 41 ' • 00 '/A' �, SETBACK i� .\/ �- m t� �1 LINES o \ ,i3 + ?• f ; (6V ‘6 IC N.1/1 1° liert\ V ^a o 4 l7 • -a, \/z ,400011, q2' n. �� 2•j N O ,Z \ / �2° -0,2 I 819.. �' L1x5 O el' `, , a tia � tPO al EX �o " ,, , 2a eo . g2 . 20 \ OS �r42 Q 401 P.5 \° o \ \ �q�, 'tea�3. 0 -,-. ,beb il, . ii.00 .r)9' \V'slap 1O 5_4 o1a1 . jd; a s' 2' 2 6�i� 2, 6:• 6\90' N C VERED a o o __ Lo PO CH6 Cl. z� � 1' 820.0 N N +,b�" ��'� 4.. 0 8210 + 0 0 N89'44'14"W a2e - 8220---------------___ "� o A ai �. A Z5. --• o + 077.73 RP' i - -tom- ��ti _822.8 / GRADING PLAN � X79- 7SG` g Z a • Y x* b-y@q, A x' 4 a 9 T b 9 4 A T x • • •* P. A•• A* .y 3' u t�'1 A 9A a x A • *i 9* •e i '2 4 "d • x a 3 b A A • a • • x • x • 9 x • .,^4 . • -Or�, a s.........",....,e' a a / e2A a 9 a Y // � ��{ _. lr�e.N` b aF a • • • • 7 _ a 4 a • ae • A « a a U4a. t'l 6 t 62 x V * 0 • ^ • • H A '' J/Lel ao/LE' 7//Cit ‘'7eL/41 **4 x % a • * • ** A .' / .. r r A b a A * A 4 G4./f C/ a a A 2 A b * • 9 a . .,....614..z4:4......., &..../...../6„.._ 4 a 3 b ? b x • P} ' • * A d• 1 !/ A* A • ``_ em/ x • n '\ • // x 9 • a s 9 3 * -71‘,11:‘-'64‘'' r 1/....... /.. • i Of di bh • x x • *• a a S •• • " • 'x e *m i • '• * A• x ;4 A • T • V s ...LI • A • .'•a • a • • •* a a x x + • • x a • x *a x • A a i a x d PlanningCommission Meeting, February18, 2004 Page 15 17. Petitioner to provide City with - opy of the buildings' association documents prior to issuance of a building per 18. Building to be restricted to eniors and policies to do such shall be outlined in association document and filed with the County with final plat. 19. Provide proof that any -xisting wells or individual sewage treatment systems located on the site are pro,erly capped or removed. inpermit application, to payall water and 20. Property owner of ecord at time of building pp sewer connec ..n fees prior to issuance of a building permit. 21. The petitioner : all be responsible for the cost of any traffic improvements necessary to accom •date the traffic generated by the development including signalization or other im• ovements, if determined necessary by Anoka County. 22. A Devel.•ment Agreement outlining the Developer's obligation to install utilities, etc., will b, prepared by the City and shall be signed by the Petitioner prior to final plat ap• oval. 3. PUBLIC HEARING: Consideration of Special Use Permit SP 04-02, by Kevin & Paulette Holman, to construct a detached garage in their rear yard, which is located in the Flood Fringe District, generally located at 571 79to Way NE. MOTION made by Mr. Saba, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE I MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 10:12 P.M. Ms. Stromberg stated that Kevin and Paulette Holman, are seeking a special use permit to construct a detached garage in their rear yard which is located at 571 79th Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without a special use permit. Ms. Stromberg property stated theis located east of the Mississippi River, with the home fronting on 79th Way. The property is zoned, R-1, Single Family as are the properties to the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. Ms. Stromberg stated City Code states that no buildings or structures can be placed within the CRP-2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure Ms. Stromberg stated that on this particular property, there can be no living area below 823.8 feet in elevation. The proposed garage slab will be located at 821 feet in elevation. A garage is allowed to be below the required elevation for living area because it's uninhabitable (not living space) space. The foundation, footing and garage slab have all been engineered to meet FEMA requirements. The garage floor is also designed to drain. The garage slab will be located at 821 feet in elevation, the top of the block elevation will be 823.8 feet, and the wood garage structure will start above the 823.8 feet elevation. Ms. Stromberg stated the proposed garage meets all setback and lot coverage requirements. The petitioners have also submitted a variance request to increase the size of a first accessory Planning Commission Meeting, February 18, 2004 Page 16 building from 1,000 square feet to 1,168 square feet and to exceed 100% of the first floor area of the dwelling unit. That variance request will go before the Appeals Commission next Wednesday. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as structures that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood proofing standards are met. Ms. Stromberg stated that if the special use permit is granted, the following stipulations be attached: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. Ms. Savage asked if any calls were received regarding. Ms. Stromberg stated that two were received and that one neighbor who lives behind the petitioners was concerned about drainage onto their property. Ms. Stromberg stated she contacted Jon Haukaas, the City's Engineer, and she believed he has spoken with the concerned neighbors. Ms. Stromberg stated she also received an inquiry from a neighbor who asked where the garage was going to be located on the site and where the driveway was going to be located. They came in to city hall and reviewed the site plan. Mr. Kondrick asked Mr. Holman if he had any reservations about the stipulations. Mr. Holman stated he did not. Mr. and Mrs. Garland Lagesse of 7951 Broad Avenue stated he lives behind Mr. Holman on the other side of the creek. He had a question about the quantity of fill required to raise the elevation, where is the water going to go. Mr. Kuechle asked is Mr. Lagesse had spoken to Mr. Haukaas. Mrs. Lagesse stated she had spoken to him and that he didn't think there would be a problem but that it didn't satisfy her. Ms. Savage asked if they were opposed to the garage or only concerned. Planning Commission Meeting, February 18, 2004 Page 17 Mrs. Lagesse stated she only had concerns about how the water would drain and if it would cause the creek to backup and go towards their property. Mr. Holman stated he also had spoken to Mr. Haukaas in the past because he has concerns every time the creek rises. Two years ago the City blocked the creek off so it would back up and with the 30-in. pump in there, Mr. Haukaas stated that it could pretty much keep up with the water in the creek. Mr. Kondrick asked if there was a law that you could not change your property in such a way that it will change the water situation on someone else's property. Mr. Bolin stated that you cannot have a negative impact on neighboring properties. He also stated that with the facts known, there should not be any problems. It is difficult to say with all certainty that there will never be a problem but Mr. Haukaas feels there will not be a problem. MOTION by Mr. Oquist, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 10:23 P.M. MOTION by Oquist, seconded by Kuechle, to recommend to City Council approval of Special Use Permit, PS #04-02, by Kevin and Paulette Holman, to construct a detached garage in their rear yard, which is located in the Flood Fringe District, generally located at 571 79th Way NE, with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this item will go to City Council on March 8, 2004 4. PUBLIC HE RING: Consideratio of Special Use Permit#SP04-01, by Spring Lake Park School District, to use the prope as a classroom for the Life Skills Program, generally located at 7517 4th Street NE. MOTION made by Mr. Kon 'ck, seconded by Mr. Saba, to open the public hearing. AGENDA ITEM -� CITY COUNCIL MEETING OF MARCH 8, 2004 CITY OF FRIDLEY Date: March 3, 2004 To: William Burns, City Manager 10 From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-02, Kevin and Paulette Holman M-04-35 INTRODUCTION The petitioners, Kevin and Paulette Holman, are seeking a special use permit to construct a detached garage in their rear yard which is located at 571 79th Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without first obtaining a special use permit. The proposed structure must be and is designed and certified by a registered engineer as being in compliance with applicable building codes, including federal standards for flood proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevation and structural notes on the proposed structure. petitioners etitioners have also submitted a variance request to increase the size of a first accessory building from 1,000 square feet to 1,168 square feet and to exceed 100% of the first floor area of their dwelling unit. Please see variance memo for the Appeals Commission recommendation. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for SP #04-02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #04-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. City of Fridley Land Use Application SP #04-02 February 18, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Kevin and Paulette Holman The petitioners, Mr. and Mrs. Holman, are 571 79th Way NE requesting a special use permit to construct Fridley MN 55432 a detached garage in their rear yard, no not Requested Action: elevated on fill, in the Flood Fringe District. To build a detached garage in a SUMMARY OF ANALYSIS Flood Fringe District. Permit is City Staff recommends approval of this specifically required for structures special use permit, with stipulations. proposed to be elevated, but not built Structures that are not elevated on fill are a on fill. permitted special use in the flood fringe Existing Zoning: district provided that all FEMA and State R-1 (Single Family Residential) flood-proofing regulations and standards Location: provided in the City Code requirements are 571 79th Way met. Size: CITY COUNCIL ACTION/ 60 DAY DATE 9,610 sq. ft. .22 acres City Council — March 8, 2004 Existing Land Use: 60 Day— March 15, 2004 Single Family Home. r { Surrounding Land Use & Zoning: V � y ��; ,�. ff :` "' N: Single Family & R-1 ., a • ... E: Single Family & R-1 S: Park & Public Facilities 4 ° W: Single Family & R-1 , Comprehensive Plan Conformance: Consistent with Plan 404 0 Zoning Ordinance Conformance: :„ .,..ti Section 205.27.4.D requires a special use permit for structures proposed to be elevated, but not built on fill. Zoning History: (Proposed Location of Garage) 1922 — Lot is platted. Staff Report Prepared by: Stacy Stromberg 1962 — Home is built. 1988— Deck constructed. Legal Description of Property: Lots 7-9, Block N, Riverview Heights Public Utilities: Home is connected. Transportation: 79th Way provides access to residence. Physical Characteristics: Typical suburban landscaping. SP #04-02 REQUEST The petitioners, Kevin and Paulette Holman, are seeking a special use permit to construct a detached garage in their rear yard which is located at 571 79th Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without a special use permit. ANALYSIS The property is located on 79th Way, east of the Mississippi River, with the home fronting on 79th Way. The property is zoned, R-1, Single Family as are the properties to the west, north and east. The property to the south of the subject property is a public park. The existing home was constructed in 1962. A garage has never existed on this site. ../.-• a°:: ", ',�' •e `� `� � � °'fit r a w. .,i �.Y,.s,., ti ! .fit•. pAb r . fix •- x ,. , 144 a yy mm+ i ;� . i � ' "� !? moi` F ` 2 Sat Existing home City Code states that no buildings or structures can be placed within the CRP-2, Flood Fringe District, unless a special use permit is granted. The proposed structure must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flood proofing. The petitioner has submitted all the necessary information needed to meet these requirements, including a certificate of survey, and the elevations and structural notes on the proposed structure. On this particular property, there can be no living area below 823.8 feet in elevation. The proposed garage slab will be located at 821 feet in elevation. A garage is allowed 1. 'i to be below the required elevation for living area because it's uninhabitable (not living space) space. The foundation, footing and garage slab have all been engineered to meet FEMA requirements. The garage floor is also designed to drain. The garage slab will be located at 821 feet in elevation, the top of the block elevation will be 823.8 feet, and the wood garage structure will start above the 823.8 feet elevation. s 4 , • 11I ' ,, ", .t' ''at iii ♦ .£ ro# ,�' _ w#,,v'}.,,+n+ ro 1w '« y _ %- ••••--"41* , il,t I" I i 1 a`°= ik. 'y'. er ' . . & tT F ' w+ .. A r t . ,, it Location of proposed garage The proposed garage meets all setback and lot coverage requirements. The petitioners have also submitted a variance request to increase the size of a first accessory building from 1,000 square feet to 1,168 square feet and to exceed 100% of the first floor area of the dwelling unit. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Structures that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood proofing standards are met. STIPULATIONS Staff recommends approval of this special use permit with the following stipulations. 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. MEETING MINUTES OF MARCH 8, 2004 PAGE 6 FRIDLEY CITY COUNCIL OPEN FORUM VI TORS : Consideration of items not on the agenda. Hearing none, ayor Lund introduced the new recording secretary, Rebecca Brazys. PUBLIC HEARINGS: 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, generally located at 571 —79th Way NE (Ward 3). Kevin and Paulette Holman,19. Variance Request, VAR #04-01, by Ke in to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, generally located at 571 — 79th Way NE (Ward 3). Mr. Hickok, Community Development Director, reviewed the above petitions explaining they were seeking a special use permit to build a detached garage in a flood fringe district. No structures can be constructed in this district without a Special Use Permit. The garage will be constructed in the northeast corner of the lot. Planning Commission reviewed and recommended approval of SP #04-02 with stipulations. The Appeals Commission recommended approval to increase the size of the detached garage with stipulations. However, the Appeals Commission recommended denial of the second variance as no similar variances have been granted in the past and there's no undue hardship that would warrant that additional 50 square feet. That is staffs recommendation as well, to approve the special use permit and to approve the first of the two variances, but to deny the variance that would allow the garage to be 50 square feet larger than the first floor livingarea of the home. 9 Paulette Holman, 571 — 79th Way N.E., explained they are requesting the additional 50 feet on the garage so they can get rid of a storage shed on their property. The increase in size will allow enough room for lawn equipment that is currently being stored outside and will allow them to store items that cannot be stored in their basement due to the floodingconcerns. This will be a two-car garage and the additional section will be for all their storage. Councilmember Bolkcom asked if the boat that is currentlysittingon the property will be Cou P P Y stored in the new garage. Ms. Holman responded that it will still be stored along side the house. Councilmember Bolkcom asked if anything has changed in the past couple of years as to how the City is handling the flooding issue. Mr. Haukaas, Public Works Director, explained there are better controls in place; a higher road was installed, storm water ponding was created, a flood gate was put in and we have a grant for a higher volume pump. We feel this does provide adequate capacity to prevent serious damage to the homes in the area, but they cannot guarantee there will be no flooding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 7 asked if there could be floodingin the area of the proposed Councilmember Bolkcom s p P garage. Mr. Haukaas stated if the water came up that high it could affect the garage. But there are requirements for flood-proofing of the structure and the elevation of the garage would be much higher than the basement floor elevation. Councilmember Bolkcom stated approving the second variance is a concern because it could set a precedent and the City would be faced with other such variance requests. The fact that the boat would continue to be stored outside is also a concern. Councilmember Wolfe commented that the fact that the petitioner is unable to store personal items in the basement because of the flooding hazards creates a hardship. Councilmember Bolkcom asked if staff has heard from any of the neighbors regarding this matter. Mr. Hickok replied staff heard from one neighbor who is afraid the garage will become the site of a home occupation. The petitioner has assured the City that it will not be put to such use. Ms. Holman explained they do own a business but it is operated out of an office on University Avenue. Councilmember Barnette pointed out a letter from neighbors Patty and Jake Bozony supporting this proposal. Mayor Lund questioned if the petitioners had taken into account the available storage space in the garage attic. Ms. Holman responded they are aware they can store in the rafters and in the eaves, but that area is difficult to get to. Mayor Lund asked if the 50 foot addition is important. Ms. Holman replied that they will still build the garage, but will also have to build another shed. They would prefer to have all the storage in one area. She added they have been in this house for 16 years and have been flooded twice. The flooding remains a problem even after the work done by the City. Mr. Hickok explained that the petitioner could still build a good size storage shed in addition to the garage and remain within the requirements of the ordinance. Councilmember Bolkcom asked if Council could stipulate that no additional sheds be built on the property if the second variance is approved. Attorney Knaak stated Council could impose that as a part of the approval. He recommended Council state the specific details of the hardship to avoid setting a precedent. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 Councilmember Barnette asked if the petitioner would agree with limiting additional sheds. Ms. Holman replied she would prefer to discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Special Use Permit Request, SP #04-02. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember e Barnette to table Variance Request, VAR#04-01. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. Special Use Per it Request, SP #04-01, by Spring Lake Park School District, to use the property s a classroom for the Life Skills Program, generally located at 7517 Fourth Street E (Ward 1). Mr. Hickok, Communit Development Director, stated the property is zoned single family residential. Private schools are permitted in this district with a special use permit. Public schools are permitted b right. Spring Lake Park School District committed to going through with the special u•e permit process so it can ensure neighborhood compatibility. A private party owns the •-rty and the school district will rent the property from those owners. At the February 1 Planning Commission meeting, a public hearing was held and after a lengthy discuss .n, the Planning Commission recommended approval of Special Use Permit SP #04-0. with stipulations. The motion failed to carry on a 4 — 3 vote. The Planning Commissi. then moved to recommend denial and the motion was approved on a 4 — 3 vote. Th- staff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it i correct that the school district does not have to go through this process. Mr. Hickok explained that public schools, by virtue of being there, make the property public and could be there by right. Councilmember Billings asked if there are tither facilities similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District do- have a similar facility near 1-694 off Seventh Street. There have been no complaints ' the two years it has been operating. Frank Herman, director of the Learning Alternativ- Program for the Spring Lake Park School District, explained this property will be used •y young adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 13 UPON A VOICE VO E, ALL VOTING AYE, MAYOR LUND DECLARED THE AMENDMENT TO ST ULATION NO. 4 CARRIED UNANIMOUSLY. Councilmember Bi Ings thanked everyone who appeared and stated that he wanted it clearly understoo that the school could have started these activities without Council approval. He s d it is important for these students to be trained in the ways of life and he is confident hat the neighbors will find the school and the students to be very good neighbors. UPON A V ICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPR VE SP #04-01 CARRIED UNANIMOUSLY. 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, generally located at 571 —79th Way NE (Ward 3). 19 Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, generally located at 571 —79th Way NE (Ward 3). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permit Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the petitioners agree with the proposed stipulations that no other shed shall be built on the property, that the current shed shall be removed, and that no storage shall be non-home business related or for commercial business. Kevin and Paulette Holman stated they agreed with the restrictions. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Special Use Permit Request, SP #04-02 with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 14 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. 10. There shall be no storage of the non-home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Variance Request, VAR #04-01, with the following stipulations: 1. 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. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring proert owners must be filed with the City 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. 8. There shall be no storage of non-home business-related purposes. MOTION byCouncilmember Bolkcom, seconded byCouncilmember Barnette, to add two stipulations that no other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property and that there shall be no storage of non-home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE VARIANCE REQUEST, VAR#04-01 CARRIED UNANIMOUSLY. PUBLIC HE RING 21. Consid ation of a Rezoning Request, ZOA #04-01, by John DeMello, Profitmax, Inc., to -zone multiple properties from C-1, Local Business, C-2, General Business, - 'd R-1, Single Family Residential, to S-2, Redevelopment District, for the purpose • redevelopment to allow for a senior housing development and a retail complex, • -nerally located at 1340 and 1314 Mississippi Street, 642 and 6401 Central Avenue, 1 ,1 and 1357 64th Avenue, and two vacant lots, Lots 17 and 18, Block 1, Spring Valle Addition (Ward 2). MOTION by Councilmemb. Wolfe, seconded by Councilmember Barnette, to waive the reading and open the public ' -aring. AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2004 CITY OF FRIDLEY Date: March 25, 2004 To: William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-02, Kevin and Paulette Holman M-04-47 INTRODUCTION At the City Council meeting of March 8, 2004, the City Council considered a special use permit request that was accompanied by 2 variance requests. Though staff believes it was the intent of the council to approve the S.U.P. along with the variances, only the variances were approved due to the wording of the motion. Therefore, staff is recommending that the City Council act on this S.U.P. item at the March 29, 2004, meeting to close the loop and to provide a clear record. Thepetitioners, Kevin and Paulette Holman, were seekinga special use permit to p construct a detached garage in their rear yard, which is located at 571 - 79th Way. Their property is located in the CRP-2, Flood Fringe District. No structures or buildings can be constructed in the CRP-2, Flood Fringe District, without first obtaining a special use permit. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for SP #04-02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #04-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL ACTION The City Council made a motion to approve the variances and added stipulations as recommended by staff and the Appeals Commission. However, in reviewing the minutes it became clear that the motion did not include the special use permit and its stipulations. Staff believes it was the intent of the council to approve the S.U.P. as well as the variances. Therefore, staff is recommendingCity that the Council act on this item at the March 29, 2004 meeting, to close the loop and to provide a clear record. PLANNING STAFF RECOMMNEDATION Staff recommends that the City Council act on this item at the March 29, 2004, meeting to close the loop and to provide a clear record. City Staff recommends concurrence with the Planning Commission and approval of the S.U.P. with the following stipulations. STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. FRIDLEY CITY COUNCIL MEETING M UTES OF MARCH 29, 2004 PAGE 2 Staff recommends approval of a second and final reading. WAIVED THE READING AND OPTED ORDINANCE NO. 1192 ON THE SECOND READING AND ORDERED PU LICATION. 2. Special Use Permit Request, SP #04-02 by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, generally located at 571 — 79th Way NE (Ward 3). Mr. Burns, City Manager, explained that there had been some question regarding the minutes for this particular matter. Motions will be made later in the meeting to address those issues. THIS ITEM WAS REMOVED FOR THE COUNCIL MEETING AGENDA. 3. Resolution 2004-26 rescheduling a p blic hearing to amend Section 7.02 of the Fridley City Charter by Ordinan -. Mr. Burns, City Manager, said the •ublic hearing notice for this item was not posted as required by law. St- recommends that the public hearing be rescheduled for April 12, 2004. ADOPTED RESOLUTION NO. 004-26. NEW BUSINESS: 4. Receive the minutes of th- Planning Commission meeting of March 3, 2004. RECEIVED. 5. Special Use Permit R:quest, SP #04-03, by Menard Inc., to allow for the relocation of their yar• entrance, generally located at 5351 Central Avenue NE (Ward 1). Mr. Burns, City Manager, e plained that Menards would like to move their yard entrance from the south side to the north side of their building. The action before the Council is to replace a Special Use ermit granted in 1996. The Planning Commission approved the new Special Use P-rmit at their March 3 meeting. Staff recommends Council's approval with 18 stipul- ions. APPROVED SPECI L USE PERMIT REQUEST, SP #04-03, BY MENARD INC., WITH THE FOLLO ING EIGHTEEN STIPULATIONS: 1. PROPOSED ENTRANCE BUILDING SHAL COMPLY WITH ALL STATE BUILDING AND FIRE CODE REQUIREMENTS- 2. FENCE INSTALLED BETWEEN THE MENARDS BUILDING AND THE SKYW•OD MALL SHALL HAVE A GATE INSTALLED AND MEET THE FRIDLEY CITY ODE CHAPTER 108.11.3; 3. THE PETITIONER SHALL OBTAIN FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 29, 2004 PAGE 7 Councilmember Bolkcom requested an amendment to the March 8, 2004, Council minutes. After the motion and the vote to remove SP #04-02 from the table, insert "MOTION made by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Special Use Permit SP #04-02 with the stipulations. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously." She stated with this change, Item No. 2 could be removed from the agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the proposed consent agenda with the removal of Item No. 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Barnette, seconde by Councilmember Bolkcom, to adopt the agenda. UPON A VOICE VOTE, ALL VOTING AYE, M YOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Consideration of items not n agenda— 15 minutes. Tom Myhra, 6360 Able Street N.E., pres nted the City Council with five copies of a book titled "Americas Thrillion Dollar Housing Failure" in which the author sites the problems created by high density housinq Don Anderson, 7304 West Circle N.y, thanked the City Council for approving the Special Use Permit for Spring Lake Pk Schools to allow the use of a private home for a Life Skills Program. f 1 Frank DeMello, 6134 Woody Lane .E., asked Mayor Lund to impose a time limit on those speaking on the Spring Valle Estates petition this evening. PUBLIC HEARINGS: 19. Consideration of an o dinance under Section 12.06 of the city charter declaring certain real --tate to be surplus and authorizing the sale thereof, generally located at t - northwest corner of Ely Street and Ashton Avenue (Ward 3). MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to waive the reading of the public he. ring notice and open the public hearing. UPON A VOICE VOTE, A VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL . 1RJ CI1YOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE April 2, 2004 Kevin & Paulette Holman 571-79th Way NE Fridley MN 55432 Dear Mr. & Mrs. Holman: On Monday, March 8, 2004, the Fridley City Council officially approved your request for a Special Use Permit, SP #04-02, to build a detached garage in a Flood Fringe District. Permit is specifically required for structures proposed to be elevated, but not built on fill, legally described as Lots 7-9, including Block N, Riverview Heights, subject of easement of record, generally located at 571-79th Way NE. Approval of this special use permit is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. a. • 2. The structure shall not be used for a home occupation or living area.l tii•-(r'`VL`, 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials.t(, 5. 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 garage floor elevation is 821 feet.',; 6. 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. a 7. Retaining wall needs to be approved by the City's engineering staff prior to , t construction and will require a separate building permit. )nt '1,1 l,"dz) oo 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City.b L(. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. t+v'''l P-t. 10. There shall be no storage of non-home business-related purposes. •Xti(?4 i�� Holman SP #04-02 & VAR#04-01 Page 2 4-2-04 Also, on Monday, March 8, 2004, the Fridley City Council officially approved your request for a Variance, VAR #04-01, to increase the maximum size of a first accessory structure from 1,000 square feet to 1,168 square feet, and to allow an accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, legally described as Lots 7-9, including Block N, Riverview Heights, subject of easement of record, generally located at 571-79th Way NE. Approval of this variance is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. '\i 2. The structure shall not be used for a home occupation or living area. u,,v, 3. Total square footage of all necessary structures shall not exceed 1,400 square feet.C\. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials 5. All vehicles shall be stored on a hard surface driveway as approved by the City.v, 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. i;v- ‘ 11\ 8. There shall be no storage of non-home business-related purposes. , l C,Vv 1/ You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerel , • PEP ri-d-L.) Scott Hi kok Comm ity Development Director SH/jt cc: Special Use Permit File Address File Ma Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by, April 16, 2004. Concur with action taken. C-04-32 1911935 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Special Use Permit, SP #04-02 Owner: Kevin Holman & Paulette Holman The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of March, 2004, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To build a detached garage in a Flood Fringe District. Permit is specifically required for structures proposed to be elevated, but not built on fill, legally described as Lots 7 through 9, including Block N, Riverview Heights, subject to easement of record, generally located at 571-79th Way NE. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approved with ten stipulations. See City Council meeting minutes of March 8, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, 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 Fridley, Minnesota, in the County of Anoka on the (0Y-1\ day of , 2004. DRAFTED BY: ✓ City of Fridley 4 6431 University Avenue N.E. • Fridley, MN 55432 Debra A. keen CityClerk 9 • (SEAL) 'FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 6 • OPEN FORUM (V !TORS): Consideration of items not on the agenda. Hearing none ayor Lund introduced the new recording secretary, Rebecca Brazys. PUBLIC HEARINGS: 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, generally located at 571 —79th Way NE (Ward 3). 19. Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, generally located at 571 — 79th Way NE (Ward 3). Mr. Hickok, Community Development Director, reviewed the above petitions explaining they were seeking a special use permit to build a detached garage in a flood fringe district. No structures can be constructed in this district without a Special Use Permit. The garage will be constructed in the northeast corner of the lot. Planning Commission reviewed and recommended approval of SP #04-02 with stipulations. The Appeals Commission recommended approval to increase the size of the detached garage with stipulations. However, the Appeals Commission recommended denial of the second variance as no similar variances have been granted in the past and there's no undue hardship that would warrant that additional 50 square feet. That is staffs recommendation as well, to approve the special use permit and to approve the first of the two variances, but to deny the variance that would allow the garage to be 50 square feet larger than the first floor living area of the home. Paulette Holman, 571 — 79th Way N.E., explained they are requesting the additional 50 feet on the garage so they can get rid of a storage shed on their property. The increase in size will allow enough room for lawn equipment that is currently being stored outside and will allow them to store items that cannot be stored in their basement due to the flooding concerns. This will be a two-car garage and the additional section will be for all their storage. Councilmember Bolkcom asked if the boat that is currently sitting on the property will be stored in the new garage. Ms. Holman responded that it will still be stored along side the house. Councilmember Bolkcom asked if anything has changed in the past couple of years as to how the City is handling the flooding issue. Mr. Haukaas, Public Works Director, explained there are better controls in place; a higher road was installed, storm water ponding was created, a flood gate was put in and we have a grant for a higher volume pump. We feel this does provide adequate capacity to prevent serious damage to the homes in the area, but they cannot guarantee there will be no flooding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 7 • Councilmember Bolkcom asked if there could be flooding in the area of the proposed garage. Mr. Haukaas stated if the water came up that high it could affect the garage. But there are requirements for flood-proofing of the structure and the elevation of the garage would be much higher than the basement floor elevation. Councilmember Bolkcom stated approving the second variance is a concern because it could set a precedent and the City would be faced with other such variance requests. The fact that the boat would continue to be stored outside is also a concern. Councilmember Wolfe commented that the fact that the petitioner is unable to store personal items in the basement because of the flooding hazards creates a hardship. Councilmember Bolkcom asked if staff has heard from any of the neighbors regarding this matter. Mr. Hickok replied staff heard from one neighbor who is afraid the garage will become the site of a home occupation. The petitioner has assured the City that it will not be put to such use. own a business but it is operated out of an office on Ms. Holman explained they do p University Avenue. out a letter from neighbors Pattyand Jake Bozony Barnette pointed g Y supporting this proposal. Mayor Lund questioned if the petitioners had taken into account the available storage space in the garage attic. Ms. Holman responded theyare aware theycan store in the rafters and in the eaves, but p that area is difficult to get to. Mayor Lund asked if the 50 foot addition is important. Ms. Holman replied that they will still build the garage, but will also have to build another shed. They would prefer to have all the storage in one area. She added they have been in this house for 16 years and have been flooded twice. The flooding remains a problem even after the work done by the City. Mr. Hickok explained that the petitioner could still build a good size storage shed in addition to the garage and remain within the requirements of the ordinance. Councilmember Bolkcom asked if Council could stipulate that no additional sheds be built on the property if the second variance is approved. Attorney Knaak stated Council could impose that as a part of the approval. He recommended Council state the specific details of the hardship to avoid setting a precedent. 'FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 Councilmember Barnette asked if the petitioner would agree with limiting additional sheds. Ms. Holman replied she would prefer to discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Special Use Permit Request, SP #04-02. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette to table Variance Request, VAR#04-01. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. Special Use Per' it Request, SP #04-01, by Spring Lake Park School District, to use the property s a classroom for the Life Skills Program, generally located at 7517 Fourth Street E (Ward 1). Mr. Hickok, Communit Development Director, stated the property is zoned single family residential. Private sch..Is are permitted in this district with a special use permit. Public schools are permitted b right. Spring Lake Park School District committed to going through with the special u - permit process so it can ensure neighborhood compatibility. A private party owns the p- y and the school district will rent the property from those owners. At the February 18 'tanning Commission meeting, a public hearing was held and after a lengthy discussio the Planning Commission recommended approval of Special Use Permit SP #04-01 ith stipulations. The motion failed to carry on a 4 — 3 vote. The Planning Commission hen moved to recommend denial and the motion was approved on a 4 — 3 vote. The s -ff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is ce rrect that the school district does not have to go through this process. Mr. Hickok explained that public schools, ay of being there, make the property public and could be there by right. Councilmember Billings asked if there are othe facilities similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District does ha\e a similar facility near 1-694 off Seventh Street. There have been no complaints in the wo years it has been operating. Frank Herman, director of the Learning Alternative Pro. am for the Spring Lake Park School District, explained this property will be used by yo,ng adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTE *F MARCH 8 2004 PAGE 13 UPON A VOICE VOTE, ALL VSTING AYE, MAYOR LUND DECLARED THE AMENDMENT TO STIPULATION O. 4 CARRIED UNANIMOUSLY. Councilmember Billings thanke• everyone who appeared and stated that he wanted it clearly understood that the sc ool could have started these activities without Council approval. He said it is import.nt for these students to be trained in the ways of life and he is confident that the neig •ors will find the school and the students to be very good neighbors. UPON A VOICE VOTE, A L VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SP #04-0 CARRIED UNANIMOUSLY. 18. Special Use Permit Request, SP #04-02, by Kevin and Paulette Holman to construct a detached garage in the rear yard which is located in a Flood Fringe District, generally located at 571 —79th Way NE (Ward 3). 19 Variance Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximum Size of a First Accessory Structure from 1,000 square feet to 1,168 square feet, and to allow the accessory structure to exceed 100% of the first floor area of a dwelling unit, to allow the construction of a 1,168 square foot detached garage in the rear yard, generally located at 571 —79th Way NE (Ward 3). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permit Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the petitioners agree with the proposed stipulations that no other shed shall be built on the property, that the current shed shall be removed, and that no storage shall be non-home business related or for commercial business. Kevin and Paulette Holman stated they agreed with the restrictions. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Special Use Permit Request, SP #04-02 with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used for a home occupation or living area. 3. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. 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 garage floor elevation is 821 feet. 6. 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. • fRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 14 7. Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 8. Driveway shall meet code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City. 9. No other shed or other accessory structure other then the proposed garage shall be permitted or constructed on the property. 10. There shall be no storage of the non-home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Variance Request, VAR#04-01, with the following stipulations: 1. 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. Total square footage of all accessory structures shall not exceed 1,400 square feet. 4. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. Driveway shall meet the code requirements and be 3 feet from all property lines or written approval from neighboring property owners must be filed with the City 7. No other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property. 8. There shall be no storage of non-home business-related purposes. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to add two stipulations that no other shed or other accessory structure other than the proposed garage shall be permitted or constructed on the property and that there shall be no storage of non-home business-related purposes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE VARIANCE REQUEST, VAR#04-01 CARRIED UNANIMOUSLY. PUBLIC HEART G 21. Considerati•n of a Rezoning Request, ZOA #04-01, by John DeMello, Profitmax, Inc., to rezo,e multiple properties from C-1, Local Business, C-2, General Business, and -1, Single Family Residential, to S-2, Redevelopment District, for the purpose of r- •evelopment to allow for a senior housing development and a retail complex, gen- ally located at 1340 and 1314 Mississippi Street, 642 and 6401 Central Avenue, 134 -nd 1357 64th Avenue, and two vacant lots, Lots 17 and 18, Block 1, Spring Valley •dition (Ward 2). MOTION by Councilmember olfe, seconded by Councilmember Barnette, to waive the reading and open the public he. ing. ABSTRACT , .' I ' " " ,��„ 0 Incorrect/No Reference# Receipt# / ,' ❑ Non standard Document DOCUMENT NO. Date/Time �g� , 19 119 3 5 . 0 ABSTRACT 0 Certified Copy! ANOKA COUNTY MINNESOTA Document Order .of PINS 1/111 I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE 4�� 4 FOR RECORD ON APR 0 8 2 0 0 4 Recordability AT 4 :30 PM AND WAS DULY RECORDED. Filing Fees $ !/ FEES AND TAXES IN THE AMOUNT OF $20 . 00 PAID. 0 Tax Lien/Release 2004055041 Copy/Additional Pg Fees $ ❑ Transfer RECEIPT NO. Well Cert Fees $ ❑ Division MAUREEN J.DEVINE 0 Status ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Incomplete FormTNL New legal Description BY El Missing Attachment DEPUTY PROPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES O No Legal Description 0 GAC ❑ Non-existent Legal Description 0 Deferred Specials ❑ Part(s)Illegible41 No Change