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SP90-13 VOO1 CITY OF FRIDIEY 6431 Ma MtSITY AVENM N.E. FRIDLEY,r HN 55432 Coon mitt' Develaco t �t (612) 571-3450 w....,w......,....wwww.._ .....,ww..wwwwwwww..wwwwwwww..w.,.r....._..w....ww wwww,,,....,..w..w.,ww»...... SPECIAL USE PMMV APPLICATION Fri www..wwww..wwwwwwwwww..wwwwwwwwwww.,wwwww www ww .... PROMITY II TiOId - site plan required for submittals; see attached Address: /c o d O YID- - A /r l A Legal odescrliOn: Xx rQ W � ,AS Lot I'll D-0,A,12 X3,1'{ Block Tract/Addition �� bo Qnxent zoning: xido /�`Q `Square footage/acreage Reason for special use permit: rlw 4 P4 n ef.Fti;� c,1h,J,h Section of City Code: J • 0'7-C/, d r@ h -t► r wwwwwwwwwwwwwwwwww wwwwwwwwwwwwwwwwwwwwwwwwwww wwwwwwww.rww�.wwwwwwww�'�j''�� FEE OMR IM Ilsi'!'ION (Contract Purchasers: Fee Owners must si-gyne this form prior to processing) NAME rfar� C-. ZQ rzSs-� Jr. R t i= DA�rn PHONE 7 szcasAT �` HATE lot qz c wwwwww ww..ww...wwwwwww.�.wwww�wwwwww-w...�.ww..wwww..wwwwww...w..www,.w.,.r.,.,w�..w..ww..�...w PErITIO[NR IIII�TIO�T NAME ADMEss DAYTIME PHONE SIGNATURE DATE Fee:�w$2oo.oo $1000.00 for residential second accessory buildings Permit SP # /O - J Z�t) Recepit # a- Application received by: Scheduled Planning Ocami.ssion date: Scheduled City Council date: wwwArw wArMArMMNwwwwwy..wwlrww wrwrwwHww�w,wwrwrw�rwr�rwwwwwwwrwwwlwrwwiwrwwwwwwwr�rrwwwwwMYwrw t#of FrMey !C HEARING RE THE PLX'S 1 . COfAM1SSiON Notice y given that there will be a lic Hearing . the Fridley Commission at the Fridley Municipal Center, 6431 Uni- vers. Venroe N.E. on Wednesday, at 7:30 p.m. for the of a Special Use Permit, SP =111,3, by Garland Lagesse, per Section 205.24.4.D Of the Fridley City Code, to,allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9a 1,7„16•$4,Block M,Riverview Hai gw*raRy located at'7951 er U4 N.E. Any and all,persons_desiring to be - heard shall be*)ven in opportunity at the above stated time and place. DON9f?TZOLD CHAP„ N PLANNINGCOilRlUSMOP . . Any 4uesf)ons related to.tllis''Ifefh A may be rete?red to tile.44iidtey'tom- munity.DeVeWgltetN Deparfent, 571.3456. A iugust11,1990Fry f>acvis.July 25$.� 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, August 8, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 13, by Garland Lagesse, per Section 205.24.4 .D of the Fridley City Code, to allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9-12, 16-24, Block M, Riverview Heights, generally located at 7951 Broad Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: July 25, 1990 August 1, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP #90-13 MAILING LIST Planning 7/20/90 Garland Lagesse Council Garland Lagesse Kevin Holman Vance Nelson 7951 Broad Avenue N.E. 571 - 79th Way N.E. 600 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Roger Geis Bergsagel and Rogness City Council Members 520 Dover Street N.E. 16515 - 6th Avenue N. Fridley, MN 55432 Plymouth, MN 55447 Planning Comm. Chair Irvi i strim Earl Gemmill/Resident 540 Dov Street N.E. 560 Buffalo Street N.E. Fridl , 55432 Fridley, MN 55432 Donald Copeland Walter Rasmussen 7981 Broad Avenue N.E. 541 - 79th Way N.E. Fridley, MN 55432 Fridley, MN 55432 James Peterson Robert Rutherford 7995 Broad Avenue N.E. 610 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Irvin Lindstrom Barbara Bollig 540 Dover Street N.E. 581 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Walter Nelson Anthony Turek 524 Dover Street N.E. 611 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Edwin Haldorson Gerald Kostohryz 514 Dover Street N.E. 609 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Bowe/Resident Richard Carlson 7919 Broad Avenue N.E. 615 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Bowe Stephen Sundquist 2546 - 3rd Street N.E. 630 Cheryl Street N.E. Minneapolis, MN 55418 Fridley, MN 55432 Milan Bozony Clark Nason 479 - 79th Way N.E. 614 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 Earl Gemmill Gordon Hedlund 468 Longfellow Street N.E. 1255 Pike Lake Drive Fridley, MN 55432 New Brighton, MN 55112 «w o .X� Ria �C,= 21.v% I oD�inN•.Q.� l �. i t, it ii i I ii ,i i i I' Xz�� -fir a v COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP 490-13 CIWOF 37 7/6/90 8/8/90 Garland Lagesse; allow construction of a FRIDLEY structure in Flood Fringe District at % 7951 Broad Avenue COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS 4MICH ELE M. MARK W. JOHN F. t r,-4-14 OaA`R`�6L C. OLYDE M. EON M.ftK �- JIM H. 7-,P-s- /�� -2- a -? ❑ BOB A. . f 21 STAFF REPORT APPEALS DATE CI 1 i`��/OF PLANNING COMMISSION DATE : August 8, 1990 FM DLEY CITY COUNCIL DATE : August 27, 19 90 AUTHOR MM/do REQUEST PERMIT NUMBER SP #90-13 APPLICANT Garland Lagesse PROPOSED REQUEST To allow construction of a structure in a Flood Fringe District. LOCATION 7951 Broad Avenue N.E. SITE DATA SIZE 43,550 square feet lot coverage: 3.2% DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling on East, West, South and & ZONING North UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONNG ENVIRONMENTAL CONSIDERATIONS - -- - - - - --- - -- -- -- STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION Approval with amended stipulations RECOMMENDATION Staff Report 2J SP #90-13 , Garland Lagesse Page 2 Request The petitioner, Garland Lagesse, is requesting that a special use permit be granted in order to allow the reconstruction of a porch addition which lies within the Flood Fringe District of the Mississippi River. The request is for Lots 9-12, 16-24, Block M, Riverview Heights, the same being 7951 Broad Avenue N.E. Site The parcel is 43,550 square feet in area and is somewhat wooded, with a bluff line ascending directly behind the house. The parcel is also located on the edge of a creek. There is a two story house, the lower portion of which is constructed of masonry block, and a two car garage on the parcel. Analysis The purpose of the 0-1, Overlay District regulations is to provide a means for the City to reduce losses caused by periodic flooding of creeks and rivers. Section 205. 24.4.D. (1-8) outlines instances where special use permits may not be granted for construction within the CRP-2 (Flood Fringe) District and by which this request is evaluated. The proposed addition will replace an existing 18 ' x 11' three season porch located along the south wall of the dwelling unit. The proposed three season porch will be 12 ' x 251 , which is an approximate 50% increase in the size of the structure. The proposed addition is not greatly increasing the structure; therefore, will not significantly increase the economic loss which may occur should the property be flooded at some future date. The existing dwelling unit currently does not conform to the minimum elevation requirement. The first floor of the dwelling unit is below the 824 foot elevation that is required by the zoning code for construction of living areas within the Flood Fringe District. The new addition will meet the elevation requirement and is compatible with existing uses on the lot and adjacent parcels. Section 205. 07. 06.A. (2) of the zoning code requires that all parking and driveway areas be surfaced with blacktop, concrete or other hard surface materials. The petitioner has indicated a reluctance to comply with this requirement, and may ask the Commission to remove stipulation #3 below. Recommendation and Stipulations As the proposed addition is compatible with the existing uses and surrounding uses, and is not significantly increasing losses in the Flood Fringe District, staff recommends that the Planning Commission recommend approval of the special use permit request, with the following stipulations: 1. The first floor elevation of the addition shall be at 824 feet above sea level. Staff Report 2K SP #90-13, Garland Lagesse Page 3 2. The addition shall be flood-proofed in accordance with the building code requirements. 3. The petitioner shall provide a hard surface driveway by September 30, 1991. Planning Commission Action The Planning Commission unanimously recommended approval of the special use permit with the following stipulations: 1. The elevation of the porch addition to be at the elevation of the existing living space contingent upon approval by the Department of Natural Resources and Federal Emergency Management Agency. 2 . The property owner shall execute a hold-harmless agreement to be recorded with the title of the property. Staff Update Tom Hovey from the Department of Natural Resources and staff met with the petitioner at the site on Thursday, August 23, 1990. He is to forward a letter confirming this interpretation on Friday, August 24, 1990. We will provide the City Council a copy of the letter as soon as it is available. The elevation of the house is approximately 6 inches above the porch elevation of 821. 94. City Council Recommendation Staff will provide the City Council with a recommendation at Monday's meeting. SP 490-13 Garland Lagesse j J cK v1 d ; f ` 1244 \ ff ELEVATION - ®�■■E■�. ■:��pr� ■riN calm all=VAN MENU 16' 01 11l� ��'�'�. 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INSPECTION DATE EGAI DESCRIPTION �r s &Q q s[..ZZ-Q, , 1:7.1-5 - - p� t-o\! _ . - r` 3C 30 � i I t >Zs Wit; ' r as if n o visual and+aped io t bused nspec+iar+d ti+e DroOerties vii are cdd of to aro,iiYi6+i"1iDre*w.,' The inprovements shown on this drawing orfor d d o Gaunt intors+o+ionol Purposts ortly and does not constitute o lo- dimensions ore token(rorn the recorded D r records. This drawing is Shown for liability by the company. G Xj T�. ` b -- a / It - o tN ^ i An C. G G 57 LA `� 6 (3[ „f CJG� •C .r I` 11 Q1 R VUQ I()craor/oti/ , ,1 - Idfo c.o A res,. c 3[ f1 ji 1r ` t SPR/ANG �3 9iPwx � 31 � sa i. 3 3O .6,3 ' LF JCELY � hu �17 =/ sA00/T[ON � 3B L 4D 4 la r- s A :3: M /� ,4 *M Wf 9 i+r ---- 3 E I IL 4 I: a. • >> 360 (e) 7 Ll8ERTY IiN (01 21 ) < G7 ((out/ o/ o) 5 4 1 R II' Ss LO"NGFELLOW CL viv do < a. (s 0 3 4► 04 p c 77 y � � � 30 r• � � v (/; ••� of F�.. 0 .c G a• -- La 9 ? sre �898� '"' s/ 1 c [n K ��M •;eijrj►w y y llW irr k 24V 4 z r 1 ?892 / \\ \ 7: �,Ks IL a urJ: 1AA y P� , . fps f, � 7868 •�`� �± � - � - =`:SS=: _=''S�TjT- E:c'=�� 5 ��_� s �s === =xs Mss_== � s_'_ s=m=a— �_ E=='_m_c= � � m_= —ERs_ a=x �=_ NEN WER=—s_=--= = x x MEW=M R_ s =M==M_—__==____ -_ ==_�— —_ — — u MMMUMME s__s E _sem--=mm mM . • �_=—=—�_=—R_=_=—===_xms_—==rss x===x—=�_s=_:ms=ssa_==�—=_==_�____=—=_—_�mss_=- ==_—_z=_s_a��s_��s��_=�s—= M—= m�s__ -- WMMMM .• _MSS�_—T�"_ --- =ME— MM— WHO = = =__- —== � =_ = _—_m=E _== _====_e_m=m==_ _ERsa_M—== eB _ � =�E _ _—__ __ Asa---- —==�__S_= rs _ME_M _===MEMM ME s_E —'rte. o_ssss Raw sss==s=M_= = __—___====—z= s==B_m —__=_____ _� sas— ==s8--- s==M —rs =_===o—== -- __ =s==== ====ss--- ===E_xs_ =—===s=R= ====_s=amis=s===s_===-- =—==s= Ess_===== —_— _mss--=S s 3;:s---�� s eE_M_''=s= ===x ___�—_ =mss== _ ___ ssTE= _ =s a=a= _ o: s — ==s==mass====�ixm� Ts_ss=_ — • s—== =�__ -- = R==s==s=� sKNEIVErmilmi c—= sESE =ss a---_—=—s— __ _=mME =_ _ _= =Sa :CCCs ---_� t CITY OF FRIDLEY PLANNING COMMISSION MEETING, AUGUST 8, 1990 CALL TO ORDER: Chairperson Betzold called the August 8, 1990, Plannin►g Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, Sue Sherek, Paul Dahlberg Members Absent: Dave Kond 'ck, Diane Savage, Connie Modig Others Present: Bar a Dacy, Planning Coordinator J:k Robertson, Community Development Director .Garland and Jane Lagesse, 7951 Broad Avenue APPROVAL OF ff6LY 25 990 PLANNING COMMISSION MINUTES: MOTION Ms. Sherek, seconded by Mr. Saba, to approve the July Z25, 0, Planning Commission minutes as written. ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-13 . BY GARLAND LAGESSE: Per Section 205.24.04.D of the Fridley City Code to allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9-12, 16-24, Block M, Riverview Heights, generally located at 7951 Broad Avenue N.E. OTION by Ms. Sherek, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the parcel is located east of and adjacent to Broad Avenue. The parcel is approximately one acre in size and is located just at the edge of the flood fringe district as identified in the Flood Insurance Rate maps. The petitioner, Mr. Lagesse, is proposing to demolish the existing attached 18 ft. by 11 ft. three- season porch and reconstruct a 12 ft. by 25 ft. three-season porch. Ms. Dacy stated the major factor with this application is, because of its location in the Flood Fringe District, what the Flood PLANNING COMMISSION MEETING, AUGUST 8, 1990 PAGE _2 Insurance Rate maps call the "finished floor elevation". The finished floor elevation must be at a level which is considered flood-proofed in the eyes of the City's ordinance. Ms. Dacy stated that during the application period, there was some misunderstanding between staff and the petitioner. Mr. Lagesse was under the impression that he only had to have an elevation of 823 feet; and, as listed in the staff report, staff is stipulating 824 feet. During the last week, staff has been working with the petitioner and looking at the flood information to determine the exact flood elevation that actually occurred in this part of the flood plain district. Ms. Dacy stated that in the report staff found in the files dated November 1971 prepared by the Army Corps of Engineers, it analyzes the entire flood area of the Mississippi River and then provides a 100 year flood elevation profile along the entire length of the river. Staff determined that the flood elevation in the approximate location of the petitioner's property between Buffalo and Cheryl Streets occurred at the elevation of 822.5 feet. The City's ordinance and the DNR require that the finished floor elevation of a habitable living space be flood-proofed to one foot above the flood elevation. That makes an elevation of 823.5. Mr. Lagesse has indicated to staff that he can construct the addition at the 823.5 foot elevation, but would not be able to do it at the 824 foot elevation. The additional 6 inches affects the floor to ceiling height which would affect the pitch of the roof such that it would impinge on the windows on the upper floor of his home. Ms. Dacy stated that in the staff report, staff recommended the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The first floor elevation of the addition shall be 824 feet above sea level. 2. The addition shall be flood-proofed in accordance with the building code requirements. 3. The petitioner shall provide hard surface driveway by September 30, 1991. Ms. Dacy stated that now, instead of the proposed stipulation #1, staff is recommending that the Planning Commission recommend approval of the special use permit subject to the first floor elevation of the addition being at 823.5 feet, subject to the approval of the Department of Natural Resources (DNR) ; and, if necessary, the Federal Emergency Management Association (FEMA) . Ms. Dacy stated that as the Commission is aware, the City takes a certain risk in approving construction and habitable living area within flood plain areas. She had contacted a DNR staff person PLANNING COMMISSION MEETING, AUGUST 8, 1990 PAGE 3 regarding this issue who advised her that in the case of a federal and state audit, if it can be determined that the City issued a permit in direct conflict with the codes of the City, the City is at risk for penalty and, in the case of a flood, lawsuits for damages. With that in mind, between the Planning Commission meeting and the City Council meeting on August 27, staff is going to write a letter to the DNR requesting that the DNR analyze the above information and make a recommendation as to whether or not they agree with staff's recommendation at the 823.5 foot elevation. If so, then the City Council can proceed and approve the special use permit. Ms. Dacy stated another issue with this application is that last week staff informed the petitioner about stipulation #3, requiring a hard surface driveway. As the Commission is aware, providing a hard surface driveway is a typical stipulation that the City places on variance requests, special use permit requests, and other building permits in order to bring various parts of property up to City Code. The petitioner is strongly opposed to the hard surface driveway stipulation. Mr. Dahlberg asked if staff has the specific elevation of the existing home. Ms. Dacy stated that at the request of the petitioner, the Engineering Department staff shot the elevation of the existing porch at 821.94 feet. If a flood occurred at 822.5 feet, it is just barely into the flood plain. Mr. Garland Lagesse stated he would like to explain to the Commission why the existing porch is being taken down. He stated this project started out as a simple project to upgrade the existing porch. In getting some estimate costs, it was pointed out to them by a contractor that the existing porch is not on footings. It is merely on a slab. It was also pointed out that part of the wall is starting to pull away. Upon further investigation, it was discovered that the concrete slab has either broken loose or is cracked. Mr. Lagesse stated he talked to Darrel Clark, the Building Inspector, to see if the porch could be jacked up and footings be put underneath. He was told he was restricted on what he could do because the property is in the flood plain. He was told it might be possible to mudjack under the concrete to try and pick it up and push more concrete under it to level the floor out. If it would work, it is only a temporary solution. Mr. Lagesse stated the only alternative he has been told about that is feasible is to take the existing porch down and start from scratch. And, because he is in the flood plain, he has to bring the elevation of the floor up. This project escalated quite quickly from approximately $2,000 to $15,000. PLANNING COMMISSION MEETING, AUGUST 8, 1990 PAGE 4 Mr. Lagesse stated he can always leave the porch as it is and let it fall down, but they would like to utilize the space for their family. Mr. Lagesse stated that on the roof, he needs at least 4 inches between the roof and the house windows. If the roof is any higher, there will be a water problem on the windows. He cannot go with a gable roof, because of the elevation restriction, so he has to go with a flat roof. Inside, he has to come out with a landing to step up into the porch from the house. Because they will lose some usable living space because of the landing, they decided to extend the width of the house. He stated he has modified the plan to go to 823.5 feet, but not to 824 feet. If he went with the 824 foot elevation, he would have a room standing about 40 inches above the ground. He would also lose some of the solar benefit and a view out to Spring Brook Creek. Mr. Lagesse stated he has talked to a realtor to see if the construction of a new porch is feasible in terms of economics. The realtor said it would be kind of stretching it, but they have to think in terms of what the family wants. The realtor said the added value to the home was possible $7,000, so the cost of constructing the porch is double what the added value will be. Mr. Lagesse stated John Flora, Public Works Director, has been talking to the Federal Government about the whole flood plain issue. The essence of it is that for the last 25 years the citizens of Fridley have been paying for flood insurance apparently for no reason. The reason behind that is the cause of the 1965 flood was from man-made causes. There was an obstruction at the St. Anthony bridge; and at the same time, I-694 was being constructed and the width of the river was down to a 10 foot width. The combination of the two things caused the flooding. This is documented in Army Corps of Engineers records. Ms. Dacy stated, that in spite of what happened in 1965, since then there have been adjustments at the Coon Rapids Dam and other adjustments which has caused the City of Fridley to ask the Army Corps of Engineers and the DNR to take a look at the elevation of the flood plain since 1983. The Army Corps has done some studies on the control mechanisms that were installed along the river to determine if they are going to be accurate. It is her understanding that the DNR is reluctant initially to look at pulling back the existing elevations, and it could take months or years before this is resolved. Underlying Mr. Lagesse's argument is the fact that he is at the fringe of the district and, in his mind, there is a real question as to whether or not a flood of this nature could occur again to the intensity that was recorded. Unfortunately, until the numbers are changed, the City has to live with what the FEMA maps say. PLANNING COMMISSION MEETING AUGUST 8 1990 PAGE 5 Ms. Dacy stated Mr. Lagesse's next door neighbor, Mr. James Bowe, built a new home at 7919 Broad Avenue (SP #89-02) , and the finished floor elevation was required at 824 feet. Mr. Betzold stated he believed the Planning Commission put on a stipulation requiring Mr. Bowe to sign a hold harmless agreement. Maybe the Planning Commission could put on a similar stipulation in this case if they are getting stuck over this 1/2 foot requirement with the DNR and FEMA. Ms. Dacy stated that was a stipulation as part of the Planning Commission and City Council approval, and the document was recorded and is in the file. Mr. Lagesse stated he was at the meeting when Mr. Bowe applied for his special use permit. The stipulation read: "Prior to the issuance of a building permit, the property owner shall sign a covenant to be recorded at the County releasing the City from any liability for the issuance of this special use permit. " If the Planning Commission wanted to make a similar stipulation at the 823 . 5 foot elevation, he could live with that. Ms. Dacy stated the agreement Mr. Bowe signed did not specify an elevation. It was just a statement. Mr. Dahlberg stated that since the main level of the house is at about 822.4 feet, the house is already subjected to a lower elevation and the petitioner is taking a risk just by living in the flood fringe. He believed it would make sense to go through the same process in terms of a hold harmless agreement of some sort but to construct the porch at the same elevation as the house but no lower. Ms. Sherek agreed. She stated it does not make sense to build a porch above the level of the house. Ms. Dacy stated she also agreed. She just had the concern that if an audit occurred, she would prefer to have this issue resolved now and have the DNR sign off on it. Ms. Sherek stated then they should ask the DNR to sign off on it with the porch at the level of the existing house. Ms. Dacy stated she can certainly ask this question of the DNR. Mr. Lagesse asked staff to be sure and tell the DNR that the existing porch is now lower than the existing level of the house, and that the reason it will be torn down and replaced is because of structural damage. Ms. Dacy stated she will draft a letter to the DNR and have Mr. Lagesse review it to make sure the facts are accurate. PLANNING COMMISSION MEETING, AUGUST 8, 1990 PAGE 6 Mr. Robertson stated that the flood-proofing measure required by the building code is raising a structure to an elevation one foot above the flood. Now they are looking at a situation where that may not occur. A question Mr. Lagesse might want to find out: Would the newly constructed porch addition and the house be eligible for flood insurance? Mr. Lagesse stated that if he is allowed to stay at the existing floor elevation of the house, it broadens his options and it might make sense to see what the cost is to jack up the existing porch and put footings underneath it. Mr. Betzold asked Mr. Lagesse to state his objection to the hard surface driveway stipulation (#3) . Mr. Lagesse stated that his reason for objecting to the hard surface driveway is that when he made the application in July, he was not told about the requirement of the hard surface driveway. It wasn't until about one week ago that staff called him and told him they had forgot to tell him about the hard surface driveway requirement. Throwing this requirement on top of everything else presents more of an economic hardship than he is willing to bear. Mr. Lagesse stated that when he moved into the house, there was no hard surface driveway. It has been his understanding that the City cannot legally require anyone to put in a hard surface driveway, but can only encourage it. He has made improvements to the driveway. He has put in a concrete surface between the garage and the house and about 40 feet from the garage. He has put class 2 material on the driveway to hold the driveway together and to make it harder. He stated that the cost of a hard surface driveway is over $2, 000, and the hard surface driveway requirement is a definite economic hardship. The driveway is 150 feet long. Mr. Betzold stated Mr. Lagesse is correct in saying that the City cannot legally require the hard surface driveway, but this stipulation has been pretty routine for anyone making a request to the City in order to bring the property up to code. He stated any new construction, of course, must meet code. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. Mr. Saba stated he has real concerns about forcing the hard surface driveway for 150 feet of driveway because of the cost involved. He would be willing to make an exception in this case. PLANNING COMMISSION MEETING. AUGUST S. 1990 PAGE 7 Mr. Betzold stated he agreed. If the petitioner was remodeling, he might insist on the hard surface driveway, but in this case, the petitioner is not remodeling, he is just trying to repair or replace part of the house that is falling down. Mr. Dahlberg stated he also agreed. However, if it turns out that the existing porch can be reconstructed for significantly less than new construction, he would encourage the petitioner to reconsider the hard surface driveway. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of special use permit request, SP #90-13, per Section 205.24 .04.D of the Fridley City Code to allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9- 12, 16-24, Block M, Riverview Heights, generally located at 7951 Broad Avenue N.E. , with the following stipulations: 1. The elevation of the porch addition to be at the elevation of the existing living space, contingent upon approval by the Department of Natural Resources and Federal Emergency Management Association. 2. The property owner shall execute a hold harmless agreement to be recorded with the title of the property. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARE THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated this item will go to City Council on August 27, 1990. 2. RECEIVE JUNE 4 1990 PARKS AND RECREATION COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the June-4, 1990, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARE THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JULY 17 1990 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded'by Mr. Saba, to receive the July 17, 1990, Environmental Quality and Energy Commission minutes. UPON A VOICE VOTE, AL OTING AYE, CHAIRPERSON BETZOLD DECLARE THE MOTION CARRIED UN OUSLY. 4. RECEIVE LY 19 1990 HOUSING AND REDEVELOPMENT AUTHORITY MIND r � C11YOF FMDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 August 10, 1990 Tom Hovey Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Dear Mr. Hovey: I am writing to request your analysis of a flood elevation matter for a reconstruction of a three season porch attached to an existing single family home. Mr. and Mrs. Lagesse are proposing to reconstruct their three season porch because of its poor structural condition. The porch is pulling away from the house and the existing slab foundation is cracking and deteriorating. The elevation of the existing porch is 821.94 feet, and the elevation of the existing house is about 6 inches above the porch. The Planning Commission recommended that the DNR and FEMA, if necessary, review this case in order for the reconstructed addition to be constructed at the elevation of the existing living space, which is approximately 822.5. The Planning Commission also recommended that the property owner record a hold-harmless agreement indemnifying the City for damages as a result of flooding (see attached) . Attached is the staff report which was presented to the Planning Commission on August 8, 1990. The staff report recommended that the finished floor elevation of the addition be at 824 feet. This elevation has been required on special use permit applications for new construction in the immediate area because we have determined that it appears to be "a safe" elevation which is above the 823 elevation identified on the Federal Emergency Management Agency's FIRM maps. However, in reviewing the flood profiles as identified in the development,_Flood Plain Information Mississippi River and Rice Creek, Fridley and New Brighton Minnesota, prepared by the Department of the Army Corp of Engineers in November of 1971, we have determined that the 100-year flood elevation in this area appeared to occur between 822.5 and 822. 6 (please see attached maps) . Given this information, we advised the Planning Commission that the 823 .5 elevation would be acceptable as the floor elevation Tom Hovy and John Stein August 10, 1990 Page 2 of this addition, if it is determined to be acceptable by the DNR. The Planning Commission, however, determined that it was unreasonable to require the petitioner to "walk-up" into the porch. The additional height on the porch would encroach on the window area of the second story of the house (proposed elevation plans of house and addition are enclosed) , and also because of additional expense to construct the porch (current construction estimate is $15, 000) . Please advise us in writing of the DNR's interpretation of the finished elevation of the reconstructed porch. Further, if there is someone from the Federal Emergency Management Agency office that must be contacted, please advise us of this contact person and address. The Planning Commission also inquired if the DNR would have other suggestions for construction alternatives. As we discussed in our phone conversation on August 9, 1990, you will meet me here at the Fridley Municipal Center at 2:00 p.m. on Thursday, August 23, 1990. We will then go to the Lagesse property. This matter will be considered for the City Council meeting on August 27, 1990. Should ou have any questions, please feel free to contact me. ce ely, - B rbara Dacy Planning Coordin t BD/dn cc: Mr. and Mrs. Garland Lagesse M-90-652 �n�f7 2STATE OF U V INNESOT DEPARTMENT OF NATURAL RESOURCES L090 METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 296-7523 FILE NO. August 24, 1990 Ms. Barb Dacy, Planning Coordinator City of Fridley 6431 University Ave. NE Fridley, MN 55432 RE: LEGESSE SPECIAL USE PERMIT, MISSISSIPPI RIVER FLOODPLAIN, CITY OF FRIDLEY, ANOKA COUNTY Dear Ms. Dacy: This letter is a follow=up to our August 23, 1990 meeting with Mr. & Mrs. Garland Legesse at their have at 7951 Broad Ave. NE. As a clarification to the points we discussed, I offer the following: 1) Section 205.24.6, item B of your City ordinance .requires that a special use permit be applied for and obtained prior to the alteration of any obstruction wholly or partially in the creek and river preservation district. Therefore, it was appropriate for Mr. Legesse to apply for a special use permit. 2) Based on available data and past City practices, 822.5 appears to be a reasonable regional flood elevation. Consequently, 823.5 is an appropriate regulatory flood protection elevation to use at this site. 3) Fridley's floodplain ordinance, section 205.24.8, item A states that no use shall be expanded, changed, enlarged, or altered in a way that will increase the use's non-conformity. Our interpretation of this is that a new porch with more square footage than the existing porch should not be allowed below the regulatory flood protection elevation. A larger porch would increase the structure's non-conformity as well as increase the flood damage potential for the structure and would have to be constructed at or above 323.5. 1-11r. Legesse indicated in a phone conversation on August 24, 1990 that the new porch would be the same size as the existing porch, therefore, a special use permit could be issued. AN EQUAL OPPORTUNITY EMPLOYER Barb Dacy August 24, 1990 Page Two Mr. Legesse and I also discussed alternatives. They included elevating an enlarged addition to the regulatory flood protection elevation, building a same-size porch at the current house level, or wait until the City of Fridley applies for a letter of map revision that may lower the regional flood elevation and the regulatory flood protection elevation. Thank you for the opportunity to comment on this matter. Please call if you have any questions. Sincerely, Tcm Hovey Area Hydrologist T266:kap cc: Mr. & Mrs. Garland Legesse COMMUNITY DEVELOPMENT 2H DEPARTMENT WOF FEUD LY MEMORANDUM DATE: August 24, 1990 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Special Use Permit, SP #90-13, by Garland Lagesse Attached is the staff report for a special use permit request to reconstruct and expand an existing porch attached to a single family home at 7951 Broad Avenue N.E. , by Mr. and Mr. Garland Lagesse. The Planning Commission on August 8, 1990 recommended approval of the special use permit request subject to the following stipulations: 1. The elevation of the porch addition to be at the elevation of the existing living space contingent upon approval by the Department of Natural Resources and the Federal Emergency Management Agency. 2 . The property owner shall execute a hold-harmless agreement to be recorded with the title of the property. The DNR representative visited the site on August 23, 1990. We are awaiting the DNR's written interpretation. We will distribute the letter at Monday's meeting. BD/dn M-90-603 FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 5 Councilwoman Jorgenson felt that this issue can be dealt with at staff level. Mr. Boswell felt that 35 to 40 minutes a week has to be ent to review what has transpired, but it certainly does not ve to be done at the Council meetings. NEW BUSINESS• 1. FIRST READING OF AN ORDINANCE RECODIFY G THE FRIDLEY CITY CODE CHAPTER 113 ENTITLED "SOLID WASTE ISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTION 113. 0, "YARD WASTE TRANSFER SITE•" AND RENUMBERING THE PRESEN SECTION 113 .05 TO 113.06• AND THE REMAINING SECTIONS CONSE IVELY• AND FURTHER AMENDING CHAPTER 11 OF THE FRIDLEY ITY CODE ENTITLED GENERAL PROVISIONS AND FEES SECTION 1 10: Ms. Dacy, Planning Coordinator stated that the yard waste site has been open since the end of rch, and in August, the City reached the limit for the yard wa a season. She stated that there are several months remaining 'n the yard waste season, and the City is near their projected b get amounts for transferring yard waste, as well as for monito ing the site. Ms. Dacy stated t t in order to implement a gate fee at the yard waste site, this rdinance amendment is necessary. She stated that this proposed dinance would establish a gate fee of $3.00 per trip, and th per trip volume would be ten bags of bagged yard waste, or i the case of a loose load, one trailer or pick-up truck bed. She tated that this proposed ordinance was reviewed by the Environm tal Quality and Energy Commission and recommended for approv . MOT N by Councilman Schneider to waive the reading and approve the or nance upon first reading. Seconded by Councilman Fitzpatrick. U on a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. 2. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 8, 1990• A. SPECIAL USE PERMIT, SP #90-13, BY GARLAND LAGESSE, TO ALLOW THE RECONSTRUCTION AND EXPANSION OF AN ATTACHED PORCH IN A CRP-2 (FLOOD FRINGE) DISTRICT, ON LOTS 9-12 , 16-24, BLOCK M, RIVERVIEW HEIGHTS, GENERALLY LOCATED AT 7951 BROAD AVENUE N.E. Ms. Dacy, Planning Coordinator, stated that this special use permit is to allow the reconstruction of a porch addition which lies in the Flood Fringe District. She stated that the Planning Commission recommended approval of this special use permit; however, they wanted the Department of Natural Resources to determine if it would FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 1990 PAGE 6 be acceptable if the porch was located at the elevation of the existing living space which is six inches above the park elevation of 821.94. Ms. Dacy stated that a site inspection with Mr. Bovey of the Department of Natural Resources was conducted, and the conclusion was if the petitioner constructed an 11 by 18 foot porch, he could raise it six inches to the existing level of the home and would not have to raise it an additional 1-1/2 feet. She stated, however, if the petitioner constructs a larger porch, he would have to go to the 823.5 elevation. She stated that the petitioner has advised he would construct an 11 by 18 foot porch. Ms. Dacy stated that if the special use permit is approved, it is recommended the stipulation for a hold harmless agreement be included in the approval. MOTION by Councilman Fitzpatrick to grant special use permit, SP #90-13 to reconstruct a porch with the same dimensions of 11 by 18 feet and at the level of the floor of the existing home, with the following stipulation: (1) the property owner shall execute a hold harmless agreement to be recorded with the title of the property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council received the minutes of the Planning Commission meeting of August 8, 1990. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE APPE OMM SSION MEETING OF AUGUST 7, 1990: A. VARIANCE REQUEST, VAR #90-19, BY DARELD AN NELSON TO REDUCE THE SETBACK ON THE STREET SIDE OF A RNER LOT FROM 17.5 FEET TO 10 FEET, TO ALLOW THE EXPANS O OF AN EXISTING GARAGE ON THE WEST 67 FEET OF LAT 20, AUDITOR'S SUBDIVISION 29 THE SAME BEING 1365 - 73RD AVENU .E. : Ms. Dacy, Planning Coordina , stated that this is a variance request to reduce the setb k on the street side of a corner lot from 17.5 to 10 feet to a ow the expansion of an existing garage. She stated that staf s recommendation was for denial of the variance as an alter tive was identified for a separate detached garage to the reararf the property. She stated that obviously this would beZance ly for the petitioner. Ms. Dacyat the Appeals Commission recommended approval of this s they felt the primary purpose of the 17.5 foot setbackreserve sight lines, for traffic safety and, becaus none of the surrounding homes would be affected, they felt the v iance would not be contrary to the ordinance. r AN CIWOF FM DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 •(612)571-3450•FAX(612).571-1287 CITY COUNCIL ACTION TAKEN NOTICE August 29, 1990 Garland Lagesse 7951 Broad Avenue N.E. Fridley, MN 55432 Dear Mr. Lagesse: On August 27, 1990, the Fridley City Council officially approved your request for a special use permit, SP #90-13, to allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9-12, 16-24, Block M, Riverview Heights, generally located at 7951 Broad Avenue N.E. , with the following stipulation: 1. The property owner shall execute a hold-harmless agreement to be recorded with the title of the property. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 11, 1990 Concur with action taken. 9 2 09 tl�9 ` STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a suecial use permit, SP #90-13 SPECIAL USE PERMIT Garland Lagesse Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of August , 19-10—, on a petition for a special use permit pursuant to the City of Fridleyts Zoning Ordinance, for the following described property: To allow a structure to be constructed in a CRP-2 (Flood Fringe) District, on Lots 9-12, 16-24, Block M, Riverview Heights, generally located at 7951 Broad Avenue N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1 . The property owner shall execute a hold harmless agreement to be recorded with the title of the property. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand .the City of F iLley, Minnesota, in the County of Anoka on the _,Z/-e day of , 19qI - DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAPALA, CITY GLERK a� SEAL) 929939 Wit« Check ow C n 3> I-- da r•.3 µ OFFICE OF COUNTY RECOAOEt1 c STATE OF iINNESOM COUNTY OF AR ICA 1 hereby ceMty that the within tnstru- ment wa.3 Fled in tt:is offer for record On the JAN--N 2 2 �r as duly recorded • � �.. Cl and�;. C" sr aazraw BY V* SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MN 55432 STATE OF MINNESOTA COUNTY OF ANOKA AGREEMENT THIS AGREEMENT between the City of Fridley (the "City") and Garland C. Lagesse, Jr. and Jane M. Lagesse, their successors, !heis and " r. and Mrs. Lagesse") is dated this yof 1990. WHEREAS, Mr. and Mrs. Lagesse desire to reconstruct a porch addition attached to a single family dwelling at 7951 Broad Avenue N.E. , legally described as Lots 9-12, 16-24, Block M, Riverview Heights, Anoka County, Minnesota, and WHEREAS, the above described lots are within the Flood Fringe District, and WHEREAS, the City is willing to allow the reconstruction of a porch addition to a single family dwelling, provided that it is released from liability for such construction. NOW, THEREFORE, Mr. and Mrs. Lagesse, their successors, heirs, and assigns hereby agree to indemnify and hold harmless the City of Fridley for any and all liability caused by the reconstruction of a porch addition to a single family dwelling on Lots 9-12, 16-24, Block M, Riverview Heights, Anoka County, Minnesota. IN WITNESS WHEREOF, the said parties have signed this Agreement the day and year first written above. CITY OF/� .�FR))ID/L�E�Y By: (/l. xji44-l" William J. Ve Its Mayor By: dl-aa- � �r�2 William W. Burns Its City Manager STATE OF MINNESOTA ) } ss. COUNTY OF ANOKA ) The for ment was acknowledged before me this eg in instrul day of , 1990 by William J. Nee, the Mayor, and by William W. Burns, the City Manager of the City of Fridley, a Corporation under the laws of Mi' nesota, o behalf of the Corporation. ROBERTA S. CO111N5 Q. NOTARY PUBLIC—MINNESOTA RAMSEY COUNTY My Comm.Expires Oct.21,1993 ■ r 1 IN WITNESS WHEREOF, the said party has signed this Agreement the day and year first written above. n Garland C. Lagesse, Jr e M. Lagess IU STATE OF MINNESOTA ) a ss. COUNTY OF ANOKA ) The regoing instrument was acknowledged before me this iO day of , 1990 by Garland C. Lagesse, Jr. and Jane M. Lages e. 'Z Rotary Pdblic ROBERTA S. COtLINS NOTARY PUBLIC-+MINNESOTA "^ RAMSEY COUNTY My Comm.Expires Oct 21,1993 x •