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SP04-01 mq CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory 'C Others PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: i i 7 NE Property Identification Number: Legal Description: Lot 13 Block ( Tract/Addition Qs�r,r,►n �•or Current Zoning: Res -S by le. Square footage/acreage: T? Reason for Special User c.ck,u s Have you operated a business in a city which required a business license? Yes No X If Yes, which City? If Yes, what type of business?� Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners ust sign this form prior to processing.) NAME: it . Vii ADDRESS: ifs WSi' DAYTIME PHONE: .6. ? GS SIGNATURE/DATE: _t ._/ 4,� PETITIONER INFORMATION a 1 NAME: . 'ca IA• )S , ✓�It I0,A _ (nreb•,c1) ADDRESS: , DAYTIME PHONE: ' d; s ss65 S NATURE/DATE: V Section of City Code: FEES Fee: $100.00 Residential Second Acsessory $400.00 OiL“, .. Application Number: S Receipt#: Id? Received By: Scheduled Planning Commission Date: RI,KUtery lei Root' Scheduled City Council Date: 1}1&r'?h S, .Roolf 10 Day Application Complete Notification Date: (Teta 641) k owoy 60 Day Date: mad) 1St d wt' CI1YOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 January 26, 2004 Spring Lake Park Schools Attn: Frank Herman 8000 Hwy 65 Spring Lake Park MN 55432 Dear Mr. Herman: 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. incerely, 1 acy Strm berg Planner cc: John and Susan Kvidera 11475 Kenyon Ct NE Blaine MN 55449 C-04-10 on -(vPqP 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- 01,by Spring Lake Park School District to use the property as a classroom for the Life Skills Program,legally described as Lot 13,Block 1, Osborrie Manor generally located at 7517-4th Street 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 763-572-3695. 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 (February 5,2004)F-2 SP#4-01 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 #04-01, by Spring Lake Park School District, to use the property as a classroom for the Life Skills Program, legally described as Lot 13 , th 1, Osborne Manor, generallylocated at 7517-4 Street Block 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 7517-4th Street NE. CASE NUMBER: Special Use Permit, SP #04-01 APPLICANT: Spring Lake Park School District Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To use the property as a classroom for the Life Skills Program. LOCATION OF 7517-4th Street NE PROPERTY AND LEGAL Lot 13, Block 1, Osborne Manor DESCRIPTION: 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 Cit of City of Fridley Y Fridley Public Hearing Notice 1 4 Road -- 0011 roe Osti 1111lip. 4 411111iiii , mo a) # 4. C Q - � 1 MI .->D 1111111 i 4 # 44 75th _ -i IIINIIIIP#4,44.f h„,„*,, A ®®® ii,ti,,,,4,,0v„,,„„.44,;, ..„,,,,,,._444,,,,,,,/ ErVit lairallr 4.0 •FW:411tV III iliviii. ftrft ** .*:.4 11111.a ilft ale* i ..iti*,... off 4, low imifti alift ain ftw ,ft, 1111 milli Wel _in sliiii to iiitiliiii ilia mill 1.II 1"/ LEGEND N Sources: Fridley Engineering q Special Use Permit Request #04-01 Fridley GIS p "� A Anoka County GIS 7517 4th Street Petitioner: Spring Lake Park School District Map Date: 1/28/04 ALBRECHT WINFRED & EDWIN BARBER IRENE BERG DEAN R Bad Address 2 7518 5TH ST NE 7531 UNIVERSITY AVE NE ,0 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BERKLAND BRIDGET E & DANIEL L CHRISTIANSEN KENNETH A& P CISEWSKI DOREENA L 7558 5TH ST NE 7525 4TH ST NE 7534 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 350 75TH AVE NE 450 75TH AVE NE 500 OSBORNE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT DENYSENKO NICHOLAS E 7526 5TH ST NE Bad Address 1 7550 5TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 0 FRIDLEY,MN 55432 EVANS ROLAND D & KAREN R FLORES LUGENE &JAMES GANNON JASON M 7558 4TH ST NE 7501 UNIVERSITY AVE NE 7501 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GRACE LUTHERAN CHURCH HANSEN LYNN D &CHRISTINE L HIME VERNON F&JEAN M 460 75TH AVE NE 230 RICE CREEK BLVD NE 7517 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HOLMQUIST ROBERT S ETAL HOOPES PRESTON KADIC KEMAL&AJSA 1179 N SHORE DR#307 9140 163RD ST W 7510 4TH ST NE FOREST LAKE,MN 55025 LAKEVILLE,MN 55044 FRIDLEY,MN 55432 LARSON JERRY D & DIANNE D LEON-LOPEZ J A& MATIAS M B LORENZ EMIL P & LYNDA E 7557 4TH ST NE 7542 4TH ST NE 7507 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MAIN TROY MATTI STANLEY D &TAMMY L MOSEMAN ROBERT D & ESTHER L 7553 UNIVERSITY AVE NE 7509 4TH ST NE 7533 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MUELLER KENNETH J &CAMILLA OLSON VALERIE J OLTMAN STEPHEN CARL 7541 4TH ST NE 7549 UNIVERSITY AVE NE 7542 5TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 ROLSETH HOWARD W& MARJORIE ROTTELO SUSAN D SCHLANGEN ALVIN WILLIAM 7534 5TH ST NE 7510 5TH ST NE 7549 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SHYPULSKI CAROL D SIEVERS LONNY P SMITH MARGARET IRENE 7502 5TH ST NE 7502 4TH ST NE 7525 UNIVERSITY AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 STACHEL DAVID K&SUSAN M STRETCH LARRY D TALIAS TOWNHOUSES HOMEOWNERS 7541 UNIVERSITY AVE NE 7518 4TH ST NE 9175 107TH ST N FRIDLEY,MN 55432 FRIDLEY,MN 55432 STILLWATER,MN 55082 VANBUREN SHANTI & DALTON WADDICK GERALD P ZELENAK GREGORY M 7550 4TH ST NE 7517 UNIVERSITY AVE NE 7526 4TH ST NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 City of Fridley Land Use Application SP #04-01 February 18, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Physical Characteristics: Spring Lake Park School District Typical suburban landscaping. 8000 Hwy 65 SUMMARY OF PROJECT Spring Lake Park MN 55432 The petitioner, Frank Herman, who is Requested Action: representing Spring Lake Park School Special Use Permit to allow a District is seeking a special use permit to classroom for the Life Skills Program allow a classroom for the Life Skills in the R-1 Single Family Zoning Program to be operated out of the home, District. which is located at 7517 4th Street. Existing Zoning: SUMMARY OF ANALYSIS R-1 (Single Family Residential) City Staff recommends approval of this Location: special use permit, with stipulations. 7517 4th Street CITY COUNCIL ACTION/ 60 DAY DATE Size: City Council — March 8, 2004 10,125 sq. ft. .23 acres 60 Day— March 15, 2004 Existing Land Use: Single family home. �� . ,� � 41, • Surrounding Land Use & Zoning: N: Single Family & R-1 � E: Single Family & R-1 " • S: Single Family & R-1 ' ; 4` W: Single Family & R-1 E Comprehensive Plan Conformance: ; " Consistent with Plan ` ` , Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit to allow schools to be located in the R-1 Zoning District. (Existing Home) Zoning History: Staff Report Prepared by: Stacy Stromberg 1955 — Lot is platted. 1956 — House is built. 1962 —Attached single stall garage constructed. 1969 — Detached garage is built. 1972 —Attached garage converted to living space. Legal Description of Property: Lot 13, Block 1, Osborne Manor Public Utilities: Home is connected. Transportation: 4th Street provides access to the residence. SP #04-01 REQUEST The petitioner, Frank Herman, on Park School , requesting a special use mit to allowbehalf aof classroomSpringLake for the Life Skills ProgramDistrictis to be operated out of the homeper, which is located at 7517 4th Street. In order for a program through the school district to be located within a residential home, all applicable building code and accessibility code requirements must be met. ANALYSIS The subject property is zoned R-1 , Single Family as are all surrounding properties. Private schools are a permitted special use in the R-1 Single Family zoning district. While private schools are required to obtain a special use permit and public schools are permitted by right, the school district has committed to go through the special use permit process, so like a private school, it can ensure neighborhood compatibility. The property is located on 4th Street, with the home being "squared up" to and fronting on 4th Street. The existing home was built in 1956 and an attached single stall garage was constructed in 1962. In 1969, a detached garage was constructed in the rear yard and in 1972 the attached garage was converted into living space. ' '''''' ' ''''''''' ‘111:11,;:4 ' ti,::: I) :, ',,,,, :? fli„N , ii:d.t.,,,ctro 1,2,06,,,c .,,,,,,*;.,LiP : � ,_ Nst.,,, ,. r* -,...;1,-,7:7411.11... ..‘ 1,c'': 4!..41 9 ,it-3...,.. ‘,...,.,,,..,—,_.,- ....,..,,,,,,,:-..x . .1,1, - , -- -,_ , ,, vo ,. , F. -1,tr.'-i4r4r70 Z;•:;-,::-•,.-% ,,4,,,,,A, A ry ,s. -4.,--e:,-:''''''''''41'14*: -% :%:* '''' ''nk: qq :, '4'114, 4 I; ": .1194; --"9--,,e,.' # :1'; 'kahe Y y my =3 Existing home John and Susan Kvidera are the owners of the property and the Spring Lake Park School District will rent the property from the owners. The Life Skills Program works with students in the 9-12 grades. The program teaches students independent living skills that will enable them to function on their own when they graduate or leave the program. Students in this program have been placed in the special education program meeting criteria such as having a learning disability. The goal of the program is to create a small learning environment that focuses on academic skills, works skills, and living skills. The activities planned for the students included: • Learning outside property maintenance • Planning and providing service learning opportunities within the community • Learning to plan menus which will include shopping and preparing lunches • Providing academic program during school hours The program at the subject property will accommodate 5-7 students and will be used during school hours of 7:30 a.m. to 2:15 p.m. Students will follow the District 16 calendar for the day's classes will be in session and there will be no students or staff staying over night. Students will not be allowed to drive to the property, but will be dropped off around 7:45 a.m. and will be picked up around 2:15 p.m. There are no weekend activities or classes planned. The petitioner held a Community Meeting for the neighborhood surrounding the subject property on February 10, 2004. The intent of the meeting is to provide information about the Life Skills Program and answer any questions the neighborhood may have. The petitioner has indicated that parking will be limited to 2 school district staff, the property has adequate parking space for the two vehicles needed to operate the program. City staff has heard from two neighboring property owners who have had concerns about the eligibility requirements for the students, their property values, and smoking and loitering on the property and street. Staff will let the petitioner speak to the eligibility requirements of the students. The school has policies regarding smoking and loitering and staff has added a stipulation to ensure that the schools policies are being met on this property. Staff has also spoken with the City Assessor and she has stated that using this property for a Life Skills Program by the school district won't impact neighboring property values. RECOMMENDATIONS City Staff recommends approval of this special use permit request. The R-1 Single Family zoning district allows private schools through a special use permit. The "P", Public zoning district includes land area, waterways and water areas which are owned, controlled, regulated, used or proposed to be used by the City of Fridley or other governmental body. The Public zoning district also states that a "P"district is automatically designated at the time of land purchases for the principal uses. It then goes on the state that a "P"district upon removal of public use, automatically reverts back to the original zoning that was on the property prior to the taking for such use. A private party will own the subject property and the School District will be renting the property from them. According to the language in the "P" zoning district, if a piece of property is purchased by a public entity, the zoning would automatically become Public. The codes ambiguity makes it unclear if the property is leased, if the land would also automatically become Public. Nonetheless, the School District has agreed to make this request subject to the special use provisions of the R-1, Single Family zoning district to assure neighborhood compatibility, as a private school would be required to do. City staff has met with the City Attorney regarding this request and he has agreed that due to the ambiguity of the code, requesting that the School District go through the special use permit process would provide the best outcome for the School District, City and the neighborhood. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. C.DISTR Spring Lake Park School District 16 4 4% Spring Lake Park Learning Alternatives < o �;`_°� v� 8000 Hwy 65 NE, Spring Lake Park,MN 55432 t �* Office:(763)785-5531 Fax:(763)795-5105 Email:fherma splkpark.k12.mn.us NESO Frank Herman,Director January 15, 2004 To Whom It May Concern:: ISD 16 proposes to use the property as an extension of the classroom. 1. The property will be used for the Life Skills program. This program works with student's 9-12 grades. While in the program, students learn independent living skills that will enable them to function on their own when they graduate or leave the program. Students in this program have been placed in the special education program meeting criteria such as having a learning disability. As a result, the goal is to create a small learning environment that focuses on academic skills, work skills and living skills. 2. Many of our students in this program work at local jobs or provide their services to the local community. 3. Use of the property will be during the school hours of 7:30a.m. to 2:15p.m . Students will follow the District 16 calendar for the days classes will be in session. There will be no student or staff staying overnight at the property. 4. Students will be bused to the property with a drop off at approximately 7:45a.m. and a pick up at 2:15p.m. Monday through Friday. There are no weekend activities or classes planned. 5. Parking will be limited to staff members only (2 staff on duty). Students are not permitted to drive to the property. Due to the limited number of person having to drive, the driveway will allow for sufficient parking to avoid on street parking. 6. School district policies and procedures are enforced for this property. Loitering, smoking and so on will not be permitted. 7. The activities planned will be: • Learn to maintain property such as light maintenance, outside upkeep etc... • Plan and provide service learning opportunities within the community • Learn to plan menus which will included shopping and preparing lunches • Provide academic program during the school hours Learning Alternatives Mission Statement To provide flexible opportunities for the maximum intellectual,personal/social,and career development of students by focusing on individualized learner-directed education that encourages active,hands-on learning and development of the whole self Feb— 07 : 16P P 02 app 0151 Spring Lake Park School District 16 • hL ; `+ spring Lake Park Learning Alternatives szt, 8000 I lwy 65 NE, Spring Lake Park, MN 55432 * * Office:(763)7K5-5531 Fax:(763)795-5105 Email: fhernta@splkpark.kI2,mn,us 14/11S0 Frank Herman.Director January 15,2004 Dear Neighbor, Spring Lake Park School is please to announce the possibility that we are coming to your neighborhood. We are very excited about the prospect of being a part of your community, In order for us to better communicate to you about our program,we will be hosting a community meeting on February 10`t'from 5-7ptu in room 132 which is located in the community services north wing(8000 Hwy 65). The purpose of this meeting is to answer any questions you may have. I have included along with this letter a brochure explaining our program,as well as an explanation of the program goals. ISD 16 proposes to use the property at 7517 411i St. NE as art extension(tithe classroom. 1: The property will be used for the Life Skills program. This program works with student's 9-12 grades. While in the program, students learn independent living skills that will enable them to function on their own when they graduate ur leave the program. Students in this program have been placed in the special education program by meeting criteria such as having a learning. disability, As a result,the goal is to create a small learning environment that focuses on academic skills,work skills and living skills. We want these students to develop into productive members of our community. 2. Many ol'our students in this program work at local jobs or provide their services to the local community. 3. Use of the property will be during the school hours of 7:30a.m. to 2:15p.m . Students will follow the District 16 calendar for the days classes will he in session. There will he no students or staff staying overnight at the property. 4. Students will be bused to the property with a drop off at approximately 7:45a.m.and a pick up at 2:15p.m. Monday through Friday. There are no weekend activities or classes planned. 5, Parking will be limited to staff members only(2 staff on duty). Students are not permitted to drive to the property. Due to the limited number of persons having to drive,the driveway will allow for sufficient parking to avoid on street parking as much as possible. 6. School district policies and procedures arc enforced titr this property. Loitering,smoking and so on will not be permitted. 7. The activities planned will he: • Learn to maintain property such as light maintenance,outside upkeep etc,.. • Plan and provide service learning opportunities within the community • Learn to plan menus which will included shopping and preparing lunches • Provide academic program during the school hours • We look forward to meeting with you. If you cannot make the meeting and still have questions,please call me at 763-785-5531. Sincerely, Frank I e I rman Director, Learning Alternatives Learning Alternatives Mission Statement To provide flexible opportunities 11,r the maximum intellectual.personal/social,and career development of students by lhcusing on individualized learner-directed eduLatiun that encourages active, hands-on learning and development of the whole self, sl" '; -n 'Y.iY`."i%% 4.,.v.r.:: fi x , •:•:L.:-:...,:•••••••:•,,,:P4-.•:,kCr ..F.'• n.. Y�.:-.. 71177 ? � ` :S},... .x T v�••�•fi �tf :..r-. _ _ :x? :.., r- x •:xx.. 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R,,,.::17.:.,. - ..f..",.3:13,..--zt-tzt=1...-:;;.:,: f.i..,,,,...z.v.... ,,_..i...Z"•:V.'}•3.35C -....tz. hs4 4110P Single Family Residential Status: Active List Price: $ 174,900 - Style:(SF)One Story List#:2221765 Construction Status:Previously Owned Orig List Price:$174,900 Year Built: 1958 Map Page:78 MLS Area#:768 Bedrooms:4 Map Coord:D4 Sec Area: Total Bath: 1 Fire#: Garage:2 TAX INFORMATION Lot Size:75 x 135 Tax Year:2003 Acres:0 Tax Amt:$1,083 Foundation Size:960 AbvGrd Fin Sqft:1300 Tax w/assess: $1,083 BelGrd Fin Sqft:476 Assess Bats 0 Total Fin Sqft:1776 List Date: 1/7/2004re 161.10 Assess Pend:No Recd by MLS:117/2004 Homestead:Yes Additional photos and supplements may be attached.If so, Market Time:7 Property ID:113021210021 you may access them by clicking on the above photo. 7517 4th Street NE FRI - Fridley, Minnesota 55432 (GENERAL PROPERTY INFORMATION Directions:University to Osborne,East to 5th St,South to 76th Ave,West to 4th St,South to home Legal: Lot 13 Block 1 Osborne Manor County:ANOK-Anoka Lake/Waterfront: Lake Name: Vol X )V School District Info:763-502-5000,14-Fridley,School District#14 Complex/Development/Subdivision: Restrictions/Covenants: Common Wall:No "-"- ,fjCZ1 p Lot Description: h r Association Fee:$0 Frequency: N/A Approved Financing: QQ Fee Includes:N/A Accessibility:None Zoning:Residential-Single No Road Frontage:City I REMARKS Agent Remarks: Public Remarks:Nice 4BR home in convenient Fridley location.4BR's on main floor,new carpet,updated kitchen,large dining area.Newer vinyl siding.Lower level has partially finished family room and nonconforming 5th bedroom. STRUCTURE INFORMATION Room I Level I Dimen I Room Description Level I Dimen I Misc Living Rm 'MAIN (20x13 'Fifth(5th)Bedroom LOWER 112x12 (Heat:Forced Air Dining Rm MAIN 114x12 I I IFuel:Natural Gas Family Rm LOWER (22x14 I 1__1Air Conditioning:None Kitchen MAIN 112x10 I I 'Water City Water-Connected Bedrooml MAIN 113x12 1 1 I Sewer:City Sewer-Connected Bedroom2 MAIN 113x10 I _Garage Stalls:2 Bedroom3 (MAIN 112x10 I _ I Other Parking: Bedroom4 MAIN 110x9 I I Pool: Total Baths: 1 Full: 1 3/4:0 1/2:0 1/4:0 Bath Characteristics:Main Floor Full Bath Dining Room:Separate/Formal Dining Room,Kitchen/Dining Room Family Room:Lower Level Fireplaces:0 Fireplace Characteristics: Appliances:Range,Refrigerator Basement:Full,Finished(Livable) Exterior:MetalNinyl Fencing:Chain Link Roof:Asphalt Shingles Amenities-Shared: Amenities-Unit: Parking Characteristics: Detached Garage Shared Rooms: Special Search: Second Unit: I MISCELLANEOUS Topography: Agricultural Water: Outbuildings: ..._. 0 ---•---` '''' i , I / ... 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II 14,1 i ----t-r•— „ .4_. ,I• 35 , 1 (61 to __ I, , \ I 35. ..• li > !'ta (r) t" 14 •! 4... .t.., t .......... -7 ‘,.,,,..„, -H.4".-Jr',t '' . ' ,'"' •'.: _ ' 1 ... c)i . . t's 4 I 1 i • ..1. ' I 5 Z ' 15 — . . , t, 1 ..., :..., i Ii, ,i ------- - . • t, ----- . , .1 ,. •I l'''" 19 re, , r r [ , . -. . I, 1 I • 3° ,••zos3.'n 17 'r) I 8 t?) I - N : JP, ,/, , ,R..es5/' So ••..., .',', li 0 5 5' <1'. 1. - . . .7 0:9 ,1?„ 1 ; 4, 75 4 I 1 o 5 I I s' 4 r •••tc:1 7 5 TH r•z 5 , . o _ . I , m N E °7'••6 . .• . . ------------::-7-- . . ft) • ,11 ' \ C ---- 4:, 70.0 I 1 4.-i0uf i, ;in e .211515t 1..i -iIi Dr'r7 *z N.89.-32'.5E'W ‘.' '4 °I je';'• I) Tsv p„ 3:::, R 0 -,4 of,North w....T.I,. -- Planning Commission Meeting, February 18, 2004 Page 17 Mrs. Lagesse stated she only had concerns about how the water w. Id 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 p.st because he has concerns every time the creek rises. Two years ago the City blocked th • creek off so it would back up and with the 30-in. pump in there, Mr. Haukaas stated that it ould pretty much keep up with the water in the creek. Mr. Kondrick asked if there was a law that you could no hange your property in such a way that it will change the water situation on someone else'- property. Mr. Bolin stated that you cannot have a negative i •act on neighboring properties. He also stated that with the facts known, there should not •e any problems. It is difficult to say with all certainty that there will never be a problem but M . Haukaas feels there will not be a problem. MOTION by Mr. Oquist, seconded by Mr. Sab. , to close the public hearing. UPON A VOICE VOTE, ALL VOTING AY CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AN a THE PUBLIC HEARING CLOSED AT 10:23 P.M. MOTION by Oquist, seconded by Kuec le, to recommend to City Council approval of Special Use Permit, PS #04-02, by Kevin and 'aulette Holman, to construct a detached garage in their rear yard, which is located in the Fload Fringe District, generally located at 571 79th Way NE, with the following stipulations: 1. Petitioner shall obtain - I necessary permits prior to construction. 2. The structure shall n. be used for a home occupation or living area. 3. Total square footag: of all accessory structures shall not exceed 1,400 square feet. 4. The accessory str ture shall be architecturally compatible with existing home and finished with corn. ementary siding, color scheme, roof pitch, and roofing materials. 5. The petitioner s :II submit an elevation certificate as part of a verifying survey prior to the foundation •eing capped, which shall verify that the minimum garage floor elevation is 82 feet. 6. The petitione shall flood-proof the garage in accordance with current Federal and State flood-•roofing requirements to a minimum of the 100-year flood elevation. 7. Retaining all needs to be approved by the City's engineering staff prior to constructkn and will require a separate building permit. 8. Drivewa shall meet code requirements and be 3 feet from all property lines or written approv- from neighboring property owners must be filed with the City. UPON A VOI VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CA-RIED UNANIMOUSLY. Ms. Savag stated this item will go to City Council on March 8, 2004 4. PUBLIC HEARING: Consideration of Special Use Permit#SP04-01, by Spring Lake Park School District, to use the property as a classroom for the Life Skills Program, generally located at 7517 4th Street NE. MOTION made by Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. Planning Commission Meeting, February 18, 2004 Page 18 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 10:29 P.M. Ms. Stromberg stated that Frank Herman, on behalf of Spring Lake Park School District, is requesting a special use permit to allow a classroom for the Life Skills Program to be operated out of the home, which is located at 7517 4th Street. Ms. Stromberg stated that in order for a program through the school district to be located within a residential home, all applicable building code and accessibility code requirements must be met. Ms. Stromberg stated the subject property is zoned R-1, Single Family as are all surrounding properties. Private schools are a permitted special use in the R-1 Single Family zoning district. While private schools are required to obtain a special use permit and public schools are permitted by right, the school district has committed to go through the special use permit process, so like a private school, it can ensure neighborhood compatibility. Ms. Stromberg stated John and Susan Kvidera are the owners of the property and the Spring Lake Park School District will rent the property from the owners. The Life Skills Program works with students in the 9-12 grades. The program teaches students independent living skills that will enable them to function on their own when they graduate or leave the program. Students in this program have been placed in the special education program meeting criteria such as having a learning disability. The goal of the program is to create a small learning environment that focuses on academic skills, works skills, and living skills. The activities planned for the students included: • Learning outside property maintenance • Planning and providing service learning opportunities within the community • Learning to plan menus which will include shopping and preparing lunches • Providing academic program during school hours Ms. Stromberg stated the program at the subject property will accommodate 5-7 students and will be used during school hours of 7:30 a.m. to 2:15 p.m. Students will follow the District 16 calendar for the day's classes will be in session and there will be no students or staff staying over night. Students will not be allowed to drive to the property, but will be dropped off around 7:45 a.m. and will be picked up around 2:15 p.m. There are no weekend activities or classes planned. Ms. Stromberg stated the petitioner held a Community Meeting for the neighborhood surrounding the subject property on February 10, 2004. The intent of the meeting is to provide information about the Life Skills Program and answer any questions the neighborhood may have. Ms. Stromberg stated the petitioner has indicated that parking will be limited to 2 school district staff, the property has adequate parking space for the two vehicles needed to operate the program. Ms. Stromberg stated City staff has heard from two neighboring property owners who have had concerns about the eligibility requirements for the students, their property values, and smoking and loitering on the property and street. Staff will let the petitioner speak to the eligibility requirements of the students. The school has policies regarding smoking and loitering and staff has added a stipulation to ensure that the schools policies are being met on this property. Staff Planning Commission Meeting, February 18, 2004 Page 19 has also spoken with the City Assessor and she has stated that using this property for a Life Skills Program by the school district won't impact neighboring property values. Ms. Stromberg stated City Staff recommends approval of this special use permit request. Ms. Stromberg stated the R-1 Single Family zoning district allows private schools through a special use permit. The "P", Public zoning district includes land area, waterways and water areas which are owned, controlled, regulated, used or proposed to be used by the City of Fridley or other governmental body. The Public zoning district also states that a "P" district is automatically designated at the time of land purchases for the principal uses. It then goes on the state that a "P" district upon removal of public use, automatically reverts back to the original zoning that was on the property prior to the taking for such use. Ms. Stromberg stated a private party will own the subject property and the School District will be renting the property from them. According to the language in the "P" zoning district, if a piece of property is purchased by a public entity, the zoning would automatically become Public. The codes ambiguity makes it unclear if the property is leased, if the land would also automatically become Public. Nonetheless, the School District has agreed to make this request subject to the special use provisions of the R-1, Single Family zoning district to assure neighborhood compatibility, as a private school would be required to do. Ms. Stromberg stated City staff has met with the City Attorney regarding this request and he has agreed that due to the ambiguity of the code, requesting that the School District go through the special use permit process would provide the best outcome for the School District, City and the neighborhood. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. Mr. Oquist stated that stipulation 6 states the property shall be properly maintained. He questioned who would be responsible for mowing and shoveling the snow. Ms. Stromberg stated the property owner would ultimately be responsible for it. Ms. Stromberg stated that the petitioner mentioned that she would like to see the fourth stipulation changed to allow a later evening activity only because it would be beneficial to have the parent meetings for the students at the house. She was requesting a change to 7:00 a.m. to 9:00 p.m. City staff doesn't have an issue with this change. Ms. Savage asked if the petitioner had indicated how often these meetings would occur. Planning Commission Meeting, February 18, 2004 Page 20 Ms. Stromberg stated the petitioner had indicated monthly at the most. Ms. Flo Jackson, a teacher for the Life Skills Transition Program, stated she was representing Mr. Frank Herman who was attending a school conference. Mr. John Zurek, on staff at Spring Lake Park High School Learning Alternate Program, and works with Ms. Jackson. Ms. Savage asked if they would regularly need to have activities restricted beyond 3:00 p.m. Ms. Jackson stated it would be once a month at the most and 7:00 p.m. would most likely be the latest that meetings would be held. She stated 7:00 p.m. would be sufficient. Ms. Johns asked if all parents were at the meeting once a month or just one at a time and if parking would be an issue. Ms. Jackson stated it would be one parent and possibly a county person so parking would not be an issue. Mr. Saba asked what would be done at this residential property that could not be done in a school building. -Ms. Jackson stated that the special use permit request indicates grades 9-12 but they actually work with students from the age of 17 to 21. The special education law passed in 1997 called the IDEA, mandates transition activities to be provided for special education students. We work with these students on living skills, independent skills, trying to assist with their independence at age 21 when they will move on to the next level of their development. A kitchen is needed to assist students with learning skills in the site in which they will be using them. Teaching them kitchen safety is difficult in a class room. Mr. Oquist asked if it could be set up in the classroom environment in the school where there is a kitchen rather than disturbing a neighborhood and creating a situation where people do not know their neighbors and who does or does not belong there. Ms. Jackson stated they do not come in to disrupt a neighborhood but that these are Fridley young people who are part of the school district. The intent is to help these students to learn how be a part of a neighborhood and the only way to do that is to make them part of a neighborhood. Ms. Savage stated that stipulation 3 states that school district policies and procedures for loitering, smoking, etc., shall be enforced on the property. Ms. Jackson stated school policy does not allowed students to smoke at any time even if they are going to or are on a job site. This rule applies to all school activities. Mr. Kuechle stated that to resolve the issue of time in stipulation 4, would 8:00 p.m. and 10 times a year. Ms. Jackson stated that 8:00 p.m. would be more than sufficient. Planning Commission Meeting, February 18, 2004 Page 21 Mr. Gregory Zelenak of 7526 4th Street, stated he had gone around the neighborhood and collected a petition of approximately 30 signatures of residents and property owners who are against this special use permit. He understood the property is for sale and is being purchased by the spouse of a teacher in the Alternative Learning Program and would be renting it the school district for$900 to $1,500 a month. This is a conflict of interest. Mr. Zelenak stated it was also unclear about the possibility of expansion of the program, there are no set time limits as to how long the program exists with the funding it may have and would like a stipulation as to how long the program would last if the permit is approved. Mr. Zelenak stated that the Life Skills Program is under an umbrella of learning alternatives and if the other programs would use these facilities. He is also concerned about the enforcement of the stipulations. He would also like inspections by either the city of school district either every 6 months or yearly to ensure they are following the stipulations. MOTION by Mr. Kuechle, seconded by Mr. Kondrick , to receive the petition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. Karen Evans, of 7558 4th Street, stated that they already have transitional homes in the neighborhood. There were two and one was burned by one of the children and also there is an alcohol treatment center and a half-way house for women. Purchase all of our properties or leave us alone. We would like to see something positive rather than negative in the neighborhood. Mr. Ken Christianson, of 7525 4th Street, stated he has lived in the house just north of this property for 40 years. The educators state all special education students should be main streamed but that the school does not have enough room. It is not up to a neighborhood to take care of the problem that should be in District 16. The property is located in District 16 and the decision should be made by District 16 and not residents who live in District 14. Mr. Christianson stated the city assessor said this would not devalue his property. He feels the school will lower the value of his property by $10,000 to $20,000 and would like a guarantee from the City that if he sells his property it will not go down in value. Mr. Christianson asked if Mr. & Mrs. Kvidera had already purchased the property or if it was contingent on the special use permit being granted. If there is a price attached to the lease it would give them a guaranteed investment not available to others purchasing a house. My wife and I are not in favor of this special use permit. Mr. Roland Evans of 7558 4th Street, stated he has the same concerns. He feels their homes will be devalued. He feels that potential buyers would not be interested in his property if this school was located four houses away from his. Another concern is this house will not have to be renovated to accommodated handicapped children. He also had concern regarding how the school will be able to control the students as they are no longer kids. Juanita stated she has lived on 5th Street for 32 years. She does not like the changes that are happening in the area. There are a lot of unsubstantiated responses. She stated she has concern and there other options available. She is not in favor of this permit. Planning Commission Meeting, February 18, 2004 Page 22 Mr. John Kvidera, stated he is to purchase this property on March 16, 2004. He stated that these kids will not only be working in the kitchen but also doing laundry, house cleaning, etc. and feels the property will be cleaner than neighboring property. Ms. Savage asked Mr. Kvidera if he would be responsible for maintaining the property. Mr. Kvidera stated that it is his property and he would be responsible for all maintenance. As part of the lease agreement, the school would be responsible for some of the maintenance work. Ms. Shanti Van Buren of 7550 4th Street, stated that it was mentioned that a home setting is needed for the skills to be learned but that these things can be found in the school. There is a lot of gray areas open to interpretation and has a concern about property values. Ms. Savage asked the petition about the type of disabilities these students have. Ms. Jackson stated that this is for all students with disabilities but the majority of students that are in the program have developmental disability. These students have lower IQ's and need extra time to develop those skills and the best setting is that in which they will be using those skills. Ms. Jackson stated that because of confidentiality issues, conferences would be held with only one student at a time. Mr. Saba asked if the school had considered purchasing a home and having it moved to school property. He stated that Fridley students build a home, sell it and move it and discuss with the people who build the home and see if custom requirements built in and move the home close to Spring Lake Park school. Ms. Jackson stated that they have building and trades within the District program and that possibly some time in the near future they would be able to do that. Mr. Kondrick asked is they had considered the Fridley Community Center where they have class room settings. Ms. Jackson stated they are trying to get away from the classroom setting as these kids have already been through high school and that they are in the Spring Lake School District so they would not use the Fridley Community Center. Their community center is full and does not have enough space for the programs they already have. She stated there would be a transportation issue if they moved out of their school district. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 11:35 P.M. Mr. Kondrick asked if the permit could be pulled if there are problems in the future. Ms. Stromberg stated the special use permit can be reviewed and could be revoked if they are not meeting their stipulations. Planning Commission Meeting, February 18, 2004 Page 23 Mr. Kuechle stated that if a stipulation were to state that there could be no more than 10 kids, if that would be workable. Ms. Jackson stated it would be agreeable. Mr. Oquist stated that he wouldn't mind if this was done for a year, two or three while they develop something on the school site, but am opposed to this as it goes against everything we have learned about neighborhood crime watch and cannot support the special use permit. Mr. Saba stated he also was not in favor of it as no one in the neighborhood seems to like it. Mr. Dunham stated he was also opposed to the permit. Ms. Savage stated she was in favor of the permit with the stipulations, there is a need to have a review after a year. Mr. Kondrick stated he would vote for it also for the same reason. I would add stipulations for the number of kids, the length of time on this special use permit and not be flexible on the hours. Mr. Kuechle stated it is a mandated program and we should do it. He is concerned that there are two other similar situations in that neighborhood and need to keep an eye on it. Ms. Johns stated there is a need for it but not necessarily in a neighborhood. She stated she would be opposed to it only because it would be nice to rotate it into different neighborhoods and not in one neighborhood for a long period of time. MOTION by Mr. Kondrick, seconded by Mr. Kuechle to recommend to City Council approval of Special Use Permit#04-01, by Spring Lake Park School District, to use the property as a classroom for the Life Skills Program, generally located at 7517 4th Street NE, with the 7 stipulations as presented by staff, with a modification to stipulation #4, stating that the hours for student activity would be 7:00 a.m. to 3:00 p.m. except one day a month until 8:00 p.m., and an addition of stipulation #8, which requires this special use permit to be reviewed in one year and an addition of stipulation #9 to limit the program to a maximum of 10 children. Mr. Kuechle stated you cannot put a stipulation that it is good for only one year. Mr. Kondrick amended his motion to review the permit in a year's time, seconded by Mr. Kuechle. Ms. Jackson asked if she was permitted to be at the facility after 3:00. Mr. Kuechle amended the stipulation of student activity from 7:00 a.m. to 3:00 p.m. and 8:00 p.m. once a month. UPON A VOICE VOTE, THREE VOTING AYE, FOUR VOTING NAY, CHAIRPERSON SAVAGE DELCARED THE MOTION FAILED ON A 3 TO 4 VOTE. MOTION by Mr. Saba, seconded by Mr. Dunham to recommend denial of Special Use Permit #04-01, by Spring Lake Park School District to use the property as a classroom for the Life Skills Program, generally located at 7517 4th Street NE. Planning Commission Meeting, February 18, 2004 Page 24 UPON A VOICE VOTE, FOUR VOTING AYE, THREE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A 4 TO 3 VOTE. Ms. Savage stated this will go to the City Council on March 8, 2004. 5. RECEI E THE MINUTES OF THE JANUARY 5, 2004, PARKS & RECREATION COMM SION MEETING MOTION made ,y Mr. Kondrick , seconded by Kuecle, to receive the January 5, 2004, Parks and Recreation •mmission meeting minutes. UPON A VOICE ViTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED NANIMOUSLY. 6. RECEIVE THE k INUTES OF THE JANUARY 20, 2004, ENVIRONMENTAL QUALITY & ENERGY CO MISSION MEETING: MOTION by Ms. Johns, se,onded by Mr. Kondrick, to approve the January 20, 2004 Environmental Quality and -nergy Commission meeting minutes. UPON A VOICE VOTE, ALL OTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMO SLY. 7. RECEIVE THE MINUTES a F THE DECEMBER 4, 2003, HOUSING AND REDEVELOPMENT AUTH s RITY MEETING: MOTION by Mr. Kondrick, seconded b Mr. Saba, to approve the December 4, 2003 Housing and Redevelopment Authority Commiss •n meeting minutes. UPON A VOICE VOTE, ALL VOTING AY' CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY Mr. Kuechle recognized the award received by ave Kondrick from the Parks and Recreation Commission. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Saba, to ao'ourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER ON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 18, 2004, PL• NNING COMMISSION MEETING ADJOURNED AT 11:38 P.M. •: ully u mitted, Stacy Stro l berg City Planre AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2004 CrrY OF FRIDLEY Date: March 3, 2004 (� To: William Burns, City Manager,4 From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-01, Spring Lake Park School District M-04-37 INTRODUCTION The petitioner, Frank Herman, on behalf of Spring Lake Park School District, is requesting a special use permit to allow a classroom for the Life Skills Program to be operated out of the home located at 7517 4th Street. While private schools are required to obtain a special use permit and public schools are permitted by right, the school district has committed to go through the special use permit process, so like a private school; it can have stipulations placed on it to ensure neighborhood compatibility. In order for a program through the school district to be located within a residential home, all applicable building code and accessibility code requirements must be met. PLANNING COMMISSION RECOMMENDATION At the February 18, 2004, Planning Commission meeting, a public hearing was held for SP #04-01. A number of neighbors spoke against the project. The Commission received a petition (in your packet) requesting that the City deny this special use permit. After a lengthy discussion, the Planning Commission recommended approval of special use permit, SP #04-01, with stipulations. THE MOTION FAILED TO CARRY ON A 4— 3 VOTE. The Planning Commission then made a motion to recommend denial of special use permit, SP #04-01, with stipulations. THE MOTION WAS APPROVED ON A 4— 3 VOTE. PLANNING STAFF RECOMMENDATION City Staff recommends approval of this special use permit request. The R-1 Single Family zoning district allows private schools through a special use permit. The "P", Public zoning district includes land area, waterways and water areas which are owned, controlled, regulated, used or proposed to be used by the City of Fridley or other governmental body. The Public zoning district also states that a "P"district is automatically designated at the time of land purchases for the principal uses. It then goes on the state that a "P"district upon removal of public use, automatically reverts back to the original zoning that was on the property prior to the taking for such use. A private party will own the subject property and the School District will be renting the property from them. According to the language in the "P" zoning district, if a piece of property is purchased by a public entity, the zoning would automatically become Public. The codes ambiguity makes it unclear if the property is leased, if the land would also automatically become Public. Nonetheless, the School District has agreed to make this request subject to the special use provisions of the R-1, Single Family zoning district to assure neighborhood compatibility, as a private school would be required to do. City staff has met with the City Attorney regarding this request and he has agreed that due to the ambiguity of the code, requesting that the School District go through the special use permit process would provide the best outcome for the School District, City and the neighborhood. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. 8. The accessory structure shall be architecturally compatible with existing home and finished with complementary siding, color scheme, roof pitch, and roofing materials. 9. 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. 10.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. 11.Retaining wall needs to be approved by the City's engineering staff prior to construction and will require a separate building permit. 12.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 #04-01 February 18, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Typical suburban landscaping. Spring Lake Park School District SUMMARY OF PROJECT 8000 Hwy 65 The petitioner, Frank Herman, who is Spring Lake Park MN 55432 representing Spring Lake Park School Requested Action: District is seeking a special use permit to Special Use Permit to allow aallow a classroom for the Life Skills classroom for the Life Skills Program Program to be operated out of the home, in the R-1 Single Family Zoning which is located at 7517 4th Street. District. SUMMARY OF ANALYSIS Existing Zoning: City Staff recommends approval of this R-1 (Single Family Residential) special use permit, with stipulations. Location: CITY COUNCIL ACTION/ 60 DAY DATE 7517 4th Street City Council — March 8, 2004 Size: 60 Day— March 15, 2004 10,125 sq. ft. .23 acres Existing Land Use: x t G •,t Single family home. Surrounding Land Use & Zoning: , N: Single Family & R-1 E: Single Family & R-1 : S: Single Family & R-1 W: Single Family & R-1 ,' Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(3) requires a special use permit to allow schools to be located in the R-1 ZoningDistrict. `" ��" �' � " (Existing Home) Zoning History: Staff Report Prepared by: Stacy Stromberg 1955 — Lot is platted. 1956 — House is built. 1962—Attached single stall garage constructed. 1969— Detached garage is built. 1972—Attached garage converted to living space. Legal Description of Property: Lot 13, Block 1, Osborne Manor Public Utilities: Home is connected. Transportation: 4th Street provides access to the residence. Physical Characteristics: SP #04-01 REQUEST The petitioner, Frank Herman, on behalf of Spring Lake Park School District, is requesting a special use permit to allow a classroom for the Life Skills Program to be operated out of the home, which is located at 7517 4th Street. In order for a program through the school district to be located within a residential home, all applicable building code and accessibility code requirements must be met. ANALYSIS The subject property is zoned R-1, Single Family as are.all surrounding properties. Private schools are a permitted special use in the R-1 Sngle Family zoning district. While private schools are required to obtain a special use permit and public schools are permitted by right, the school district has committed to go through the special use permit process, so like a private school, it can ensure neighborhood compatibility. The property is located on 4th Street, with the home being "squared up" to and fronting on 4th Street. The existing home was built in 1956 and an attached single stall garage was constructed in 1962. In 1969, a detached garage was constructed in the rear yard and in 1972 the attached garage was converted into living space. ilL � � � �'�� .";-..i---4.a.,.0-+c�a a' tit � �^ i �.x � 'r� *' " � ; , � '�ry�;"� � ", � � � :mow � f a. 4# is } ri AI r 4 Existing home John and Susan Kvidera are the owners of the property and the Spring Lake Park School District will rent the property from the owners. The Life Skills Program works with students in the 9-12 grades. The program teaches students independent living skills that will enable them to function on their own when they graduate or leave the program. Students in this program have been placed in the special education program meeting criteria such as having a learning disability. The goal of the program is to create a small learning environment that focuses on academic skills, works skills, and living skills. The activities planned for the students included: • Learning outside property maintenance • Planning and providing service learning opportunities within the community • Learning to plan menus which will include shopping and preparing lunches • Providing academic program during school hours The program at the subject property will accommodate 5-7 students and will be used during school hours of 7:30 a.m. to 2:15 p.m. Students will follow the District 16 calendar for the day's classes will be in session and there will be no students or staff staying over night. Students will not be allowed to drive to the property, but will be dropped off around 7:45 a.m. and will be picked up around 2:15 p.m. There are no weekend activities or classes planned. The petitioner held a Community Meeting for the neighborhood surrounding the subject property on February 10, 2004. The intent of the meeting is to provide information about the Life Skills Program and answer any questions the neighborhood may have. The petitioner has indicated that parking will be limited to 2 school district staff, the property has adequate parking space for the two vehicles needed to operate the program. City staff has heard from two neighboring property owners who have had concerns about the eligibility requirements for the students, their property values, and smoking and loitering on the property and street. Staff will let the petitioner speak to the eligibility requirements of the students. The school has policies regarding smoking and loitering and staff has added a stipulation to ensure that the schools policies are being met on this property. Staff has also spoken with the City Assessor and she has stated that using this property for a Life Skills Program by the school district won't impact neighboring property values. RECOMMENDATIONS City Staff recommends approval of this special use permit request. The R-1 Single Family zoning district allows private schools through a special use permit. The "P", Public zoning district includes land area, waterways and water areas which are owned, controlled, regulated, used or proposed to be used by the City of Fridley or other governmental body. The Public zoning district also states that a "P"district is automatically designated at the time of land purchases for the principal uses. It then goes on the state that a "P"district upon removal of public use, automatically reverts back to the original zoning that was on the property prior to the taking for such use. Aprivate partywill own the property and the School District will be rentingthe subjectp p Y property from them. According to the language in the "P" zoning district, if a piece of property is purchased by a public entity, the zoning would automatically become Public. The codes ambiguity makes it unclear if the property is leased, if the land would also automatically become Public. Nonetheless, the School District has agreed to make this request subject to the special use provisions of the R-1, Single Family zoning district to assure neighborhood compatibility, as a private school would be required to do. City staff has met with the City Attorney regarding this request and he has agreed that due to the ambiguity of the code, requesting that the School District go through the special use permit process would provide the best outcome for the School District, City and the neighborhood. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. We,the undersigned property owners in the City of Fridley,petition the Honorable City Council to: Disapprove Special Use Permit, SP#04-01 applied by the Spring Lake Park School District to use the property at 7514 4th Street NE,(legal description Lot 13,BIock 1 Osborne Manor)as a classroom for the Life Skills Program. (Names of signers must be entered by signature. IF MARRIED, petition must be signed individually by both husband and wife). /Name Address Signature _,-- .. .c, -,...t-t p t, iZricd 7 s- ic,7 1:,--i!N 's.-1-- fki i-- 1,..,-,/i, 0--,J r,- ) r,„..1,-,-4.- i„, r' '`,4 G '-/', C $^1 c "'7/' S 7 /ve f' rr r Aber 111-. -II -0 , „W -4,,Ail ab'ii igr r ' ff,Afitle/1, ,00-41 Ili r ( ( f i v,_ IligiiiVar- 2 i' i 12 c Ai GC— - GC- ct., 75.:2J Z/4-1.44- /4 J 4 )---: ,. .� / `°" r eD; 6 , L..I,�, I t �iCX /5 ' ' I,/ '7/7 7 " ,i/c- / ; Q ///c Ai, _ Z Lqa 0.4 4�J P C ' .j.5 e" i 6/ - ,P -. tom 1.:Ml-e-k t\C Ci 5e mp -7,; 4.- 9--E, v. /Q-r. i... ;",I ,itAC.F ---._ L-- 0\civ-,,,„ _,\Icons -r3-.)- i-L- s-t. 1\', , .. cuo-u3F.,)-b-1),..4-• Ay 42_,Ak s. - VII 5h-et/ Azo:; A, - ,". -a-f ii (Treo ' 41, 7'ek 75?-6 i-PI ` /( v L jName� of Petition Circulator) (71 rye y Al2_21e/if k , being duly sworn, deposes and says that he/she, and he/she only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his/her presence, and that he/she believes them to be the genuine signatures of the persons whose names the purport to be. Signed , - / Signature .'Circulator) State of Minnesota } County of Anoka } Subscribed,sworn to,and acknowledged before me this,..-1- Subscribed, day of Cil ,2 by sAAAANkAAAAAAAAAAAAAAmAAAAAAAAAA °-----)1/k—ki-jj&A, 1, CHERYL A.DAVIS Notary Public NOTARY PUSUC.MINNNOTA z n“ " MY COMMISSION EXAMS 141.2006 tivvvsnewAAAAAAWMAARRARMARROWI r 4 We,the undersigned property owners in the City of Fridley,petition the Honorable City Council to: Disapprove Special Use Permit, SP#04-01 applied by the Spring Lake Park School District to use the property at 7514 4th Street NE,(legal description Lot 13,Block 1 Osborne Manor)as a classroom for the Life Skills Program. (Names of signers must be entered by signature. IF MARRIED, petition must be signed individually by both husband and wife). Name Address Signature J4ct v," --EL. 4. Gliv,,f'7 a n sc:,'r1 7.5"a 5---- �J`trA,i--/- Nz- "",;•4". 77-7,—... ,...4_.„.v , - 'a ,, <<"`i: C IA t ✓i-s,i q Lv e.g./ 7,5°Jt s - `tf ,2 u., cC,..,tet /114. via" 4,, C ,°i L z4 j. it., 7 5 y . ti I' "1 Jit F� _7 aAi A"1lL. -7/ 0C1 ! 504-. „ mac 4,,� F 71 t t( t..('�; ! 4i f1 .iYit:_."i ^i/ iii �.q-'e'i y S - /e �+ , r� 1 C1CLANt v„"�� 1`2 LI rt' .-51 �`✓C- �1✓ `CJ ( 1 ye'p✓ l .N.44,44/ 7 s. . 4/i 4 f etA4 p"."--5-41.--..(7 R . �Y1i,y�+.1} j, �q �'..c vd 1,1',a `. bit kj0 Z.. - -7/ , 3 r , `�(_.�-.��- ,vj'L crut,,kk. U4,-7�1./ 17t, 1'. 1.51/1 - -, /1,1': _' _ . /!,, i# �v e. dair. X/-`-- ii /77 c, -- //4. .-75-v/i ' ziPc' b.-7 iti.,g / 2 ' _aM,L /ib/ ')9/2 $L z 5r, /- .).4„, /, >1J'bY1 itwt''5-r'/41c 0 74 33 'f 5f4Jt " ICI IiE) 1,+ IY2ee,rnu. 3 t133 iirli ST Iti 4 othrfeJ •) ,►-rn (Name of Petition Circulator) /,,,t,.ark 1.,-;111,,51-,a n s a.-7 being duly sworn, deposes and says that he/she, and he/she only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his/her presence, and that he/she believes them to be the genuine signatures of the persons whose names they purport to be. Signed .0„,,„_,,. (Signature of Circulator) State of Minnesota } County of Anoka } Subscribed,sworn to,and acknowledged before me this /(day of {)P,1,y0 f,200by 4.• ` JACQUELINE ANN BLACKMUNe<�u �� J ' —�?� Notary Public Notary Public ;F Minnesota ,•Ys Ma EmllInMion Ego Jaouai,31.2005 We,the undersigned property owners in the City of Fridley,petition the Honorable City Council to: Disapprove Special Use Permit, SP#04-01 applied by the Spring Lake Park School District to use the property at 7514 4th Street NE,(legal description Lot 13,Block 1 Osborne Manor)as a classroom for the Life Skills Program. (Names of signers must be entered by signature. IF MARRIED, petition must be signed individually by both husband and wife). Name Address Sign re --)..,.e r{ r{ � -7s-so - `�-. <tif, j .1 77'S-5' _,- j//1')7 & 75.16 5-1:11— . i ,e.e-f-,K G-' Z.,- -76-70 11:-;11 / ''rix b- -7.5-3'7 lin- -7,1 e , c c 7,5-11/ 3-7----4- /0,-,d2 (Name of Petition Circulator) kr,,, ,,-/-ii Gh v,5-1-104$0,41 being duly sworn, deposes and says that he/she, and he/she only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his/her presence, and that he/she believes them to be the genuine signatures of the persons whose names they purport to be. /f Signed`7/`if` .t-z=---- (Signature of Circulator) State of Minnesota } County of Anoka } Subscribed,sworn to,and acknowledged before me this 13 day of 1'€Jk#9 ,A:0;by /Act,<yr-v .l%' / r'�= JACQUELINE ANN BIACKMUNy Notary Public t, t r Notary Public 1 Minnesota j i,`$ tie 6ammistioa beim Jamey 31.2005 FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 Councilmember Barnette asked if the petitioner ould agree with limiting additional sheds. Ms. Holman replied she would prefer to di uss this with her husband and would have to reach him by phone. MOTION by Councilmember Bolk'•m, seconded by Councilmember Barnette to table Special Use Permit Request, SP 04-02. UPON A VOICE VOTE, A VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS . MOTION by Council -ember Bolkcom, seconded by Councilmember Barnette to table Variance Request, 'R#04-01. UPON A VOIC OTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UN A IMOUSLY. 20. Special Use Permit Request, SP #04-01, by Spring Lake Park School District, to use the property as a classroom for the Life Skills Program, generally located at 7517 Fourth Street NE (Ward 1). Mr. Hickok, Community 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 by right. Spring Lake Park School District committed to going through with the special use permit process so it can ensure neighborhood compatibility. A private party owns the party and the school district will rent the property from those owners. At the February 18 Planning Commission meeting, a public hearing was held and after a lengthy discussion, the Planning Commission recommended approval of Special Use Permit SP #04-01 with stipulations. The motion failed to carry on a 4 — 3 vote. The Planning Commission then moved to recommend denial and the motion was approved on a 4 — 3 vote. The staff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is 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 other facilities similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District does have a similar facility near 1-694 off Seventh Street. There have been no complaints in the two years it has been operating. Frank Herman, director of the Learning Alternative Program for the Spring Lake Park School District, explained this property will be used by young adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 9 Karen Schaab, representing Spring Lake Park Schools, stated these students will be good neighbors. There will be no overnight use of the house, and the school year is only 170 days of the year. Mr. Herman added that the students will be on the property from 7:30 a.m. to 2:15 p.m. Most students will ride a school bus to and from the site and a few students are transported by their parents. He also stated that many students are in the work program and will be transported to their job by the school. Those students who drive will park at the school and then be transported to this property by bus. He explained it is difficult to teach living skills in a school classroom. They want the students to learn how to function in a community. Ms. Schaab explained there may be an occasional evening open house on this site. Mayor Lund asked if the students are being transported by an adult or staff member because of their vulnerability and that there are fewer problems with these students than with normal teenagers. Mr. Herman agreed. Gregory Zelenak, 7526 Fourth Street N.E., stated there are inconsistencies with this special use permit. He also stated the property will be owned by the spouse of one of h Spring Lake Park teachers and questioned if this is a conflict of interest. He also the p g questioned why a school classroom cannot be used for this program. Ken Christiansen, 7525 Fourth Street N.E., stated these children are considered to be alternative students and questioned why they cannot stay where they are. The district has not furnished these students with what they need. It is the district's responsibility based on a law called IDEA that they teach these kids through age 21. The state has stated that these students should stay mainstreamed. It is not the choice of some educators at the school to leave the school building and start a school in a separate area. He asked if the home meets fire code and safety requirements. This house does not have the same fire protection as a school does. He asked who is responsible for the insurance on this home. None of the neighbors he contacted were in favor of this proposal. Karen Evans, 7558 Fourth Street N.E., stated a women's half-way house and a transitional home were in their small neighborhood. She stated she has lived there many years and it feels like the City thinks it's OK to put anything in this area. She added she is not opposed to these children having an education, but we do have a school with all the facilities they need. Don Anderson, 7304 West Circle N.E., explained that he had been a student in this program and he thinks it is good for these students to have an opportunity to learn in an actual home. He also stated he has many friends currently in the program and there have been no problems. Flo Jackson, a teacher for the transitional program, stated her students have already been through the high school program. They need a different type of setting to learn skills where they are going to use them. She stated that federal law mandates that school districts provide transitional students with this training. They are trying to move FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 10 the students into the community. Home living skills are difficult to teach when you are not in a home. This property will not be a separate school as it will be a part of the Spring Lake Park schools. These students are young adults with disabilities who have faced more adversities and personal struggles than most people, but they still have dreams. Pat Johnson, teacher for the Fridley Transitional Program, stated they have had a similar program in a home in Fridley for two years. They have seen great gains among their students in home living and being a part of the community. Mayor Lund asked Ms. Johnson to clarify the difference between transitional students and alternative students. Ms. Johnson explained that transitional students have a lower IQ. Alternative students generally have a typical intelligence but have behavior issues that are interfering with their school accomplishment. She added that the ratio of students to staff is considerably higher with transitional students than in the alternative program. Councilmember Bolkcom asked if one of the reasons for using an actual home is that these students will eventually be living in a group home. Ms. Johnson replied that this type of program enables transition students to learn the skills necessary to eventually live either in a group home or possibly on their own after they are 21. These students need to be trained to do things most of us take for granted. Councilmember Barnette asked if there have been any complaints from the neighbors around the home currently used by Ms. Johnson's program. Ms. Johnson stated there have been no complaints. In fact, the neighbors wave and greet the students. She added her students are good neighbors and even take walks to pick up litter in the neighborhood. Councilmember Wolfe asked if this home will be an added expense to the Spring Lake Park schools. Ms. Johnson replied that the district is required to provide free public education for these students until they reach the age of 21. Councilmember Billings asked Ms. Johnson to address what appears to be the neighbors' fearfulness of these students. Ms. Johnson stated these students are considered vulnerable and would be more likely to be taken advantage of. John Kvidera, 11475 Kenyon Court, explained that he had the opportunity to work in a building that housed special needs students and had approached the job with some concern. But he was immediately approached by one of the students who gave him a hug. He also stated these students will take better care of the property than anyone else because that is what they are learning to do. • FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 11 Mark Mattison stated he has also worked with special needs students in the past. He stated these students should not be feared as they are loving people. He also stated he hoped the Council would approve this request. Virgil Okeson, 1423 — 64th Avenue N.E., stated that we need to support this program because the young people need this. He does not think we can provide this type of education from a school setting. The students need to be given the opportunity to function as normal adults as soon as they can. Leslie Coyle, 6271 Sixth Street N.E., stated he has a granddaughter who has Down's syndrome, and has met a lot of the students in this program. He stated the teachers are very good and the students are great kids. He also stated when the neighbors get to know the students; they will love having them in the neighborhood. Jean Coyle, 6271 Sixth Street N.E., spoke in support of this proposal stating her granddaughter has had positive experiences with the transitional teachers and the work program. Mr. Christiansen wanted to make it clear he is not speaking against the kids but that he does have some concerns about the proposal. Mayor Lund stated it is important to have these kids transition from academics so they can mainstream into a neighborhood. Mr. Hickok said the proposed special use permit request has been reviewed by the fire marshal and the building official. This home does not require sprinkling. He added there is a stipulation about fire protection and the fire marshal asked for a fire alert indicator in the security system in the house to ensure an emergency response for those hours when the house is unoccupied. Other than that, this will be treated as a single family house and the proposed occupancy does not warrant modifications. Mr. Christiansen said this matter should be brought before the people of School District 16. Councilmember Barnette commented there are all sorts of school programs that are conducted outside of school buildings and those costs are built into the school budget. He stated the transitional program is essential. City Attorney Knaak responded to the comments about a conflict of interest stating he is not aware of the terms of the lease and added that this is not an area of concern for the City Council. He stated there is nothing to suggest any exceptions of the fire code for this proposal, the owner and School District will have to work out the insurance for the home, and the School District is responsible for the staff and students. The landlord will have responsibilities as well. Councilmember Bolkcom pointed out that Stipulation #4 restricts the activities on this property to the hours of 7:00 a.m. to 3:00 p.m. There was some discussion about the fact that staff may be working as late as 5:00 p.m. and that there will be an occasional open house in the evening. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 12 Councilmember Billings asked if the Spring Lake Park School Superintendent is aware of this proposal. Mr. Herman responded that the Superintendent and the School Board are aware. Councilmember Billings questioned if it would be a problem to limit the number of students enrolled in this program to 12 students. Ms. Jackson explained that there should never be more than 10 to 12 students in the house at any one time. The district cannot predict, however, how many students may be in the program in the future so limiting the number would be a problem. Mr. Hickok said that as long as the students will not be living on the property, we cannot limit the number. Tom Myhra, 6360 Able Street N.E., asked if this program will be for Spring Lake Park students only. Ms. Schaab responded that only students registered with Spring Lake Park schools can participate. Councilmember Billings asked if the open enrollment regulations apply to this program. Ms. Schaab stated it probably would but most transitional students stay with the program they started with rather than transfer into a new program. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve SP #04-01 with the following twelve stipulations: 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the days classes will be in session. 6. Property shall be property maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to amend Stipulation No. 4 to strike the word "school" and insert "students' instruction" and add that the use of the property for non-student activities, such as conferences, be limited from 7:00 a.m. to 8:00 p.m. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AMENDMENT TO STIPULATION NO. 4 CARRIED UNANIMOUSLY. Councilmember Billings thanked everyone who appeared and stated that he wanted it clearly understood that the school could have started these activities without Council approval. He said it is important for these students to be trained in the ways of life and he is confident that the neighbors will find the school and the students to be very good neighbors. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SP #04-01 CARRIED UNANIMOUSLY. 18. S ecial Use Permit Request, SP #04-02, by Kevin and Paulette Holman to corl4truct a detached garage in the rear yard which is located in a Flood Fringe Distr t, generally located at 571 —79th Way NE (Ward 3). 19 Varian Request, VAR #04-01, by Kevin and Paulette Holman, to increase the Maximu Size of a First Accessory Structure from 1,000 square feet to 1,168 square fe= and to allow the accessory structure to exceed 100% of the first floor area of a d, Ilinq unit, to allow the construction of a 1,168 square foot detached •ara•e in the ear and •enerall located at 571 —79th Wa NE Ward 3 . MOTION by Cou,cilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permi Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS Y. Councilmember Bolkcom as ed if the petitioners agree with the proposed stipulations that no other shed shall be bu t on the property, that the current shed shall be removed, and that no storage shall be no home business related or for commercial business. Kevin and Paulette Holman statethey agreed with the restrictions. MOTION by Councilmember Bolkc•m, seconded by Councilmember Wolfe, to approve Special Use Permit Request, SP #04 12 with the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. The structure shall not be used fo a home occupation or living area. 3. Total square footage of all acces •ry structures shall not exceed 1,400 square feet. 4. The accessory structure shall be ari hitecturally compatible with existing home and finished with complementary si•'ng, 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, wh. h 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 . minimum of the 100-year flood elevation. 1111 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 REVISED CITY COUNCIL ACTION TAKEN NOTICE April 2, 2004 Frank Herman Spring Lake Park Schools 8000 Highway 65 Spring Lake Park MN 55432 Dear Mr. Herman: On Monday, March 8, 2004, the Fridley City Council officially approved your request for a Special Use Permit, SP #04-01, to allow a classroom for the Life Skills Program in the R-1, Single Family Zoning District, legally described as Lot 13, Block 1, Osborne Manor, generally located at 7517-4th Street NE. Approval of this special use permit is contingent upon the following stipulations: 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for students' instruction activities will be restricted to 7:00 a.m. to 3:00 p.m. The use of the property for non-student activities, such as conferences, be limited from 7:00 a.m. to 8:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. 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. Spring Lake Park Schools SP #04-01 Page 2 4-2-04 If you have any questions regarding the above action, please call me at 763-572-3590. Sinc ely, ' tt Hickok Community Development Director SH/jt cc: John & Susan Kvidera Special Use Permit File Address File Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one cop • the City of Fridley Planning Department by, April 16, 2004. __- ageoppw ,s cur wi • action taken. C-04-31 1911932 1 , . „) . 2 ,4 • 21 l STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Special Use Permit, SP#04-01 Owner: John Kvidera and Susan Kvidera 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 allow a classroom for the Life Skills Program in the R-1, Single Family Zoning District, legally described as Lot 13, Block 1, Osborne Manor, subject to easement of record, generally located at 75174th Street NE. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approved with 7 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 /,V2k day of (2 , 2004. DRAFTED BY: City of Fridley � 6431 University Avenue N.E. � �� Fridley, MN 55432 Debra A. Skogen, City Clerk • •(SEAL) J ' FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 8 Councilmember Barnette asked if the peti '.ner would agree with limiting additional sheds. Ms. Holman replied she would prefer , discuss this with her husband and would have to reach him by phone. MOTION by Councilmember Bo kcom, seconded by Councilmember Barnette to table Special Use Permit Request, ' #04-02. UPON A VOICE VOTE, A VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS . MOTION by Councilmstnber Bolkcom, seconded by Councilmember Barnette to table Variance Request, VAR#04-01. , UPON A VOICE VQTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. Special Use Permit Request, SP #04-01, by Spring Lake Park School District, to use the property as a classroom for the Life Skills Program, generally located at 7517 Fourth Street NE (Ward 1). Mr. Hickok, Community 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 by right. Spring Lake Park School District committed to going through with the special use permit process so it can ensure neighborhood compatibility. A private party owns the party and the school district will rent the property from those owners. At the February 18 Planning Commission meeting, a public hearing was held and after a lengthy discussion, the Planning Commission recommended approval of Special Use Permit SP #04-01 with stipulations. The motion failed to carry on a 4 — 3 vote. The Planning Commission then moved to recommend denial and the motion was approved on a 4 — 3 vote. The staff recommends approval of this petition with twelve stipulations. Councilmember Billings asked if it is 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 other facilities similar to this in the City and whether there have been any complaints. Mr. Hickok stated Fridley School District does have a similar facility near 1-694 off Seventh Street. There have been no complaints in the two years it has been operating. Frank Herman, director of the Learning Alternative Program for the Spring Lake Park School District, explained this property will be used by young adults, ages 18 to 21, to transition them into independent living. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 9 Karen Schaab, representing Spring Lake Park Schools, stated these students will be good neighbors. There will be no overnight use of the house, and the school year is only 170 days of the year. Mr. Herman added that the students will be on the property from 7:30 a.m. to 2:15 p.m. Most students will ride a school bus to and from the site and a few students are transported by their parents. He also stated that many students are in the work program and will be transported to their job by the school. Those students who drive will park at the school and then be transported to this property by bus. He explained it is difficult to teach living skills in a school classroom. They want the students to learn how to function in a community. Ms. Schaab explained there may be an occasional evening open house on this site. Mayor Lund asked if the students are being transported by an adult or staff member because of their vulnerability and that there are fewer problems with these students than with normal teenagers. Mr. Herman agreed. Gregory Zelenak, 7526 Fourth Street N.E., stated there are inconsistencies with this special use permit. He also stated the property will be owned by the spouse of one of the Spring Lake Park teachers and questioned if this is a conflict of interest. He also questioned why a school classroom cannot be used for this program. Ken Christiansen, 7525 Fourth Street N.E., stated these children are considered to be alternative students and questioned why they cannot stay where they are. The district has not furnished these students with what they need. It is the district's responsibility based on a law called IDEA that they teach these kids through age 21. The state has stated that these students should stay mainstreamed. It is not the choice of some educators at the school to leave the school building and start a school in a separate area. He asked if the home meets fire code and safety requirements. This house does not have the same fire protection as a school does. He asked who is responsible for the insurance on this home. None of the neighbors he contacted were in favor of this proposal. Karen Evans, 7558 Fourth Street N.E., stated a women's half-way house and a transitional home were in their small neighborhood. She stated she has lived there many years and it feels like the City thinks it's OK to put anything in this area. She added she is not opposed to these children having an education, but we do have a school with all the facilities they need. Don Anderson, 7304 West Circle N.E., explained that he had been a student in this program and he thinks it is good for these students to have an opportunity to learn in an actual home. He also stated he has many friends currently in the program and there have been no problems. Flo Jackson, a teacher for the transitional program, stated her students have already been through the high school program. They need a different type of setting to learn skills where they are going to use them. She stated that federal law mandates that school districts provide transitional students with this training. They are trying to move FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 10 the students into the community. Home living skills are difficult to teach when you are not in a home. This property will not be a separate school as it will be a part of the Spring Lake Park schools. These students are young adults with disabilities who have faced more adversities and personal struggles than most people, but they still have dreams. Pat Johnson, teacher for the Fridley Transitional Program, stated they have had a similar program in a home in Fridley for two years. They have seen great gains among their students in home living and being a part of the community. Mayor Lund asked Ms. Johnson to clarify the difference between transitional students and alternative students. Ms. Johnson explained that transitional students have a lower IQ. Alternative students generally have a typical intelligence but have behavior issues that are interfering with their school accomplishment. She added that the ratio of students to staff is considerably higher with transitional students than in the alternative program. Councilmember Bolkcom asked if one of the reasons for using an actual home is that these students will eventually be living in a group home. Ms. Johnson replied that this type of program enables transition students to learn the skills necessary to eventually live either in a group home or possibly on their own after they are 21. These students need to be trained to do things most of us take for granted. Councilmember Barnette asked if there have been any complaints from the neighbors around the home currently used by Ms. Johnson's program. Ms. Johnson stated there have been no complaints. In fact, the neighbors wave and greet the students. She added her students are good neighbors and even take walks to pick up litter in the neighborhood. Councilmember Wolfe asked if this home will be an added expense to the Spring Lake Park schools. Ms. Johnson replied that the district is required to provide free public education for these students until they reach the age of 21. Councilmember Billings asked Ms. Johnson to address what appears to be the neighbors' fearfulness of these students. Ms. Johnson stated these students are considered vulnerable and would be more likely to be taken advantage of. John Kvidera, 11475 Kenyon Court, explained that he had the opportunity to work in a building that housed special needs students and had approached the job with some concern. But he was immediately approached by one of the students who gave him a hug. He also stated these students will take better care of the property than anyone else because that is what they are learning to do. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 11 Mark Mattison stated he has also worked with special needs students in the past. He stated these students should not be feared as they are loving people. He also stated he hoped the Council would approve this request. Virgil Okeson, 1423 — 64th Avenue N.E., stated that we need to support this program because the young people need this. He does not think we can provide this type of education from a school setting. The students need to be given the opportunity to function as normal adults as soon as they can. Leslie Coyle, 6271 Sixth Street N.E., stated he has a granddaughter who has Down's syndrome, and has met a lot of the students in this program. He stated the teachers are very good and the students are great kids. He also stated when the neighbors get to know the students; they will love having them in the neighborhood. Jean Coyle, 6271 Sixth Street N.E., spoke in support of this proposal stating her granddaughter has had positive experiences with the transitional teachers and the work program. Mr. Christiansen wanted to make it clear he is not speaking against the kids but that he does have some concerns about the proposal. Mayor Lund stated it is important to have these kids transition from academics so they can mainstream into a neighborhood. Mr. Hickok said the proposed special use permit request has been reviewed by the fire marshal and the building official. This home does not require sprinkling. He added there is a stipulation about fire protection and the fire marshal asked for a fire alert indicator in the security system in the house to ensure an emergency response for those hours when the house is unoccupied. Other than that, this will be treated as a single family house and the proposed occupancy does not warrant modifications. Mr. Christiansen said this matter should be brought before the people of School District 16. Councilmember Barnette commented there are all sorts of school programs that are conducted outside of school buildings and those costs are built into the school budget. He stated the transitional program is essential. City Attorney Knaak responded to the comments about a conflict of interest stating he is not aware of the terms of the lease and added that this is not an area of concern for the City Council. He stated there is nothing to suggest any exceptions of the fire code for this proposal, the owner and School District will have to work out the insurance for the home, and the School District is responsible for the staff and students. The landlord will have responsibilities as well. Councilmember Bolkcom pointed out that Stipulation #4 restricts the activities on this property to the hours of 7:00 a.m. to 3:00 p.m. There was some discussion about the fact that staff may be working as late as 5:00 p.m. and that there will be an occasional open house in the evening. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 12 Councilmember Billings asked if the Spring Lake Park School Superintendent is aware of this proposal. Mr. Herman responded that the Superintendent and the School Board are aware. Councilmember Billings questioned if it would be a problem to limit the number of students enrolled in this program to 12 students. Ms. Jackson explained that there should never be more than 10 to 12 students in the house at any one time. The district cannot predict, however, how many students may be in the program in the future so limiting the number would be a problem. Mr. Hickok said that as long as the students will not be living on the property, we cannot limit the number. Tom Myhra, 6360 Able Street N.E., asked if this program will be for Spring Lake Park students only. Ms. Schaab responded that only students registered with Spring Lake Park schools can participate. Councilmember Billings asked if the open enrollment regulations apply to this program. Ms. Schaab stated it probably would but most transitional students stay with the program they started with rather than transfer into a new program. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve SP#04-01 with the following twelve stipulations: 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for school activities will be restricted to 7:00 a.m. to 3:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the days classes will be in session. 6. Property shall be property maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to amend Stipulation No. 4 to strike the word "school" and insert "students' instruction" and add that the use of the property for non-student activities, such as conferences, be limited from 7:00 a.m. to 8:00 p.m. L FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 8, 2004 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AMENDMENT TO STIPULATION NO. 4 CARRIED UNANIMOUSLY. Councilmember Billings thanked everyone who appeared and stated that he wanted it clearly understood that the school could have started these activities without Council approval. He said it is important for these students to be trained in the ways of life and he is confident that the neighbors will find the school and the students to be very good neighbors. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SP #04-01 CARRIED UNANIMOUSLY. 18. Sd,ciai Use Permit Request, SP #04-02, by Kevin and Paulette Holman to cor ,truct 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 Maximu Size of a First Accessory Structure from 1,000 square feet to 1,168 square fel and to allow the accessory structure to exceed 100% of the first floor area of a d -'ling unit, to allow the construction of a 1,168 square foot detached garage in the ear yard, generally located at 571 —79th Way NE (Ward 3). MOTION by Cou,cilmember Bolkcom, seconded by Councilmember Wolfe, to remove Special Use Permi Request, SP #04-02 and Variance Request, VAR #04-01, from the table. UPON A VOICE VOTE, LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUS Y. Councilmember Bolkcom as ed if the petitioners agree with the proposed stipulations that no other shed shall be bu t on the property, that the current shed shall be removed, and that no storage shall be no home business related or for commercial business. Kevin and Paulette Holman state' they agreed with the restrictions. Bolkc•m seconded byCouncilmember Wolfe, to approve MOTION by Councilmember pP Special Use Permit Request, SP #04 12 with the following stipulations: 1. Petitioner shall obtain all necess:ry permits prior to construction. 2. The structure shall not be used fo a home occupation or living area. 3. Total square footage of all acces •ry structures shall not exceed 1,400 square feet. 4. The accessory structure shall be art hitecturally compatible with existing home and finished with complementary si•'ng, color scheme, roof pitch, and roofing materials. 5. The petitioner shall submit an elevatio certificate as part of a verifying survey prior to the foundation being capped, wh. h 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 minimum of the 100-year flood elevation. ' 73STRACT • Receipt# ------ 0 Incorrect/No Reference# Date/Time //1c `c 0 Non-standard Document Document 0 Certified Copy/ Order DOCUMENT NO. . of1911932 . 0 ABSTRACT PINs ANOKA COUNTY MINNESOTA Recordability I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON Filing Fees APR 0 8 2004 AT 4 • 30 PM AND WAS DULY RECORDED. Copy/Additional Pg Fees $ 0 Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $20 . 00 PAID. Well Cert Fees $ ❑ Transfer RECEIPT N0.2 0 0 4 0 5 5 0 3 5 0 Division ❑ Incomplete Form MAUREEN.1 DEV/NE ❑ Status ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDERIREGISTRAR OF TITLES ❑ Missing Attachment ❑ New legal Description ❑ No Legal Description ❑ GAC BY TNL DEPUTY PROPERTY TAXADMIN/STRATOR/RECORDER/REGISTRAR OF TITLES 0 Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible o Change 56 .. 'i FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287 REVISED CITY COUNCIL ACTION TAKEN NOTICE April 2, 2004 Frank Herman Spring Lake Park Schools 8000 Highway 65 Spring Lake Park MN 55432 Dear Mr. Herman: On Monday, March 8, 2004, the Fridley City Council officially approved your request for a Special Use Permit, SP #04-01, to allow a classroom for the Life Skills Program in the R-1, Single Family Zoning District, legally described as Lot 13, Block 1, Osborne Manor, generally located at 7517 -4th Street NE. Approval of this special use permit is contingent upon the following stipulations: 1. Petitioner shall meet all building code and accessibility code requirements prior to the house being used for the Life Skills Program. 2. Parking shall be limited to staff only, no students shall be allowed to drive to the property. 3. School district policies and procedures for loitering, smoking, etc., shall be enforced on the property and adjacent right-of-ways. 4. Use of the property for students' instruction activities will be restricted to 7:00 a.m. to 3:00 p.m. The use of the property for non -student activities, such as conferences, be limited from 7:00 a.m. to 8:00 p.m. 5. Use of the property for school activities will follow the District 16 calendar for the day's classes will be in session. 6. Property shall be properly maintained. 7. A security system with an automatic fire detection system shall be installed in the home to reduce the risk of trespassers or catastrophe. 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. Spring Lake Park Schools SP #04-01 Page 2 4-2-04 If you have any questions regarding the above action, please call me at 763-572-3590. Syinc ely, Ct tt Hickok Community Development Director SH/jt cc: John & Susan Kvidera Special Use Permit File Address File Stacy Stromberg 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-04-31