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SP96-10 _ _ _ , '"�� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: � 7 � — cl.�(o�� -C�L_ /�/� Property Identification Number(PIN)_ � I � ,3 D � �-{ / � L`3 �(� � Legal description: ��?u-c�o11> ��`� � `-�c��, i T/ t�ti.- Lot � Block / TracdAddition Current zoning: / � Square footage/acreage �� e�'� Reason for special use permit: /�� l c�- ,/�� . rz�. 1�X<</ I� � '�� .,� Section of City Code: v�• -� - 3._ �J,S J Have you operated a business in a city which required a business license? Yes No� 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 Purchasei:s: Fee Owners must sign this form prior to processing) NAME ADDRESS DAYTIME PHONE SIGNATURE DATE PETITIONER INFORMATION NAME �I� i1 ��f Cr �, ADDRESS S�7/— L��7�� c� F N F I r � E' S� `f� � DAYTIME PHONE��j�` 7E�Z r SIGNATURE �� DATE / Fee: $400.00 HHHHH~~~~~~~~�100.00 N ��for residential2nd accessoiy buildingsNNNNNN�. Permit SP# �'��"f� Receipt# ��'�I�l (� Application received by: Scheduled Planning Commission date: �� "' s..� • Scheduled City Council date: 1 �"" 205 .05 . 0<'# . 4 . SPECIAL USE PERMIT A. Yurpose. The purpose of this Section is to provide the City of Fridley with a reasoriable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon whicti the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462.3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission. for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within sixty (60) days of the date of filing such petition. D. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. (1) Notices shall be mailed to all owners of property wi�hin 350 feet of the parcel included in the request not less than ten (10) days nor more than ttlirty (30) days prior to the hearing. Failure of a property owner to receive notice shall ilot invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Cormnission shall rnake its recommendation to the City Council within sixty (60) days of the date of hearing of the peti.tio�1 to the Planning CorTunission or wittiin sixty (60) days of. any continuance of such ►natter granted at the applicant's w�itteii requr�st. 0�/94 ?_05-25 APPLICATION REVIEW CHECKLIST FI LE: '� ' ::.:::.:.;,:>.:.. ..:::;:.>::;::>::>:.;;::: .::; ,:<:: ;•..> , ;:;.; : :;<:;:.:::-... -:;:>::>:::::�::;::><;< _, ; :;:;:::.:;::::...:.:.::::.;;;:;:<:..:�.,.:.�,,:::.r.:<:;: ;:»::>:::«;<::.»::.;:>;:;<:> ;>. . :.... ........... �: :::..;...::. >> .,;;:.:;. . < ��>.�:::>::;:>,;-:;::�,.;�'::::::::::::» .. .;:;;.:::;.>:.: ;��:..::.::::.:.:.;;:::..::::::;::::::>::::�#��PL�;E.::.,.��:.:>::.:��?FM >:.::.;.;:.;::<:;..:..:.::::.;:.::.;:.;<:�:.;:.>;:.;:.:.._.;:.:;::;>::><»<>::. APPLICATION / RECEIVED � � � DEV ELOPM ENT REVIEW COMM t i ADDRESS FILE �R�(� — 12��(p� ��e�� y REVIEWED I�I'lo - 10�x 2�'�,�ro.(�, �,=�t�- ' '' LAND USE I�IpE� — ys' �yuL�� . FI LES� (�� F, �,� � c�.-�l�'��t�L PETITIONER CALLED SITE VISIT/MEETINC3 AERIAL PHOTo M�wE MAPS DONE REPot�r WRITTEN � r Glen Douglas Special Use Request Checklist 4/2/96 General: 1. Name and Address: Glen Douglas Woodshop 871 - 66th Ave N E Frictley, Mn 55432 2. Lega1 Description Meadowlands Addition Lot 2 Block 1 PIN Number=R14 30 24 14 0063 3. Name, Address and Telephone Number of Applicant: Glen Douglas 871 - 66th Ave N E Fridley, Mn 55432 Phone H. 571-2074 Work 635-7029 (Owner of Praperty). 4. Date Proposed, North Arrow, Scale, Number of sheets, Name of Drawer: Proposed building start date is about 8/20/96. Draft sketch is supplied with request. Scaled drawing will be provided prior to Planning Commission meeting. 5. Description of intended use of building, type of occupancy, and estimated occupancy weight load: The proposed building will be used as a woodworking shop and storage area. I now do my woodworking in an area that is 10 X 19. The area is yvay too smail for the number of tools that are in there to the extent that it presents a safety haza.rd to work in the area. The new building will provide me with enough area that I wont be afraid of falIing over the legs of the tool stands. This will be a one man shop for some time to come. The load weight of my present tool complement is estimated to be about 1,000 Lbs plus the storage of lumber and miscellaneous items are estimated at about 500 Lbs. 6. Existing Zoning and land use: The 871 property is currently Zoned Rl. The proposed building plot is now part of my bacic yard and is covered with grass. 7. Tabulation Box indicating: Size of Parcel: 12,589 Sq Ft Gross floor area of buildings: 1836 Sq Ft Currently Percent of site covered by building: 14.5 Currently 18.4 Proposed Percent of site covered by green area: 77.3 Currently 73.4 Proposed Projected number of employees: N/A Number of seats: N/A Number of parking spaces: N/A Number of Handicaped Parking Spaces: N1A 2.05 Pa�e 2 Height af buildings and structures and number of staries: Single family dwelling is 2 stories with the basement {walkout). The height is about 23 feet from the lower level of the back yard and about 14 feet ta the top of the hip roof on the front of the house. The proposed building will be 12 feet high ta the top of the gable. Site Plan: l. See submitteed sketch Properry site is 77 feet wide. The east property line is 1b7.22 feet and the west property line is 159.77 feet. The existing building is 26 X 42 with attached garage 19 X 24. The house is 5 feet from east line and 9 feet from west line. The proposed structure will be 5 feet from east line and 10 to 12 feet from the the e�sting structure on the lower ground level. 2. Grading and drainage plan: This item does not apply as there will be no grading and therefore the drainage is not affected. 3. Egress and Ingress: Not affected. 4. Vehicular circulation: Not Applicable. 5. Lanscaping Plan. Not applicable. 6. Trash disposal: Not applicable. 7. Rooftop Equipment: Not Applicable. 8. Building from a11 directions: The elevation is the same in all directions as the site is gradually sloped from front to back of the proposed building. 9. Water and sewer lines, fire hydrants, distance from hydrant: Water and sewer Iines are not applicable for this building. Distance form fire hydrant is appro�matly 180 ft. This information is supplied by Glen Douglas, the property awner and applicant for the Special Use Permit. 2.�6 City of Fridley 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 Unive►sity Avenue N.E.on W�dnNday, May 15,1996 at 7:30 p.m.for the purpose oi: Consideration of a special use permit,SP 1F96-10, by Glen Douglas, per Section 205.07.01.C.(1)o(the Fridley Ciry Code, to allow an accessory building other than the first �cessory building,over 240 square feet,on Lot 2,Bbck 1,Meadowlands Addition,general- ly located at 871-66th Avenue N.E. A�y and all persons desiring to be heard ahall be given an opportuniry at the above stat- ed time and piace. Any questions related to ihis item may be referred to the Community Development Departrnent at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should confect Roberta Collins at 572-3500 no later than May 8,1996. OAVE KONDRICK VICE-CHAIR PLANNING CAMMISSION (May 2,9, 1996) Fridley,Columbia Heights Focus News City ot tria�ey PUBLIC HEARINfi BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commiasion at the Fridley Municipal Center, 6431 Universiry Avenue N.E.on Wednseday, May 15,1996 a17:30 p.m,for tMe purpose of: Consideration of a special use permit, SP N96-10, by Glen Douglas, per Section 205.07.01.C.(1)of the Fridley City Code, to ailow an accessory building other than the first accessory building,over 240 square feet, on Lot 2,Bbck 1,Meadowlands Addition,general- ly located at 871-66th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be reterred to the Community Development Oepartment at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 8,1996. DAVE KONDRICK VICE-CHAIR PLANNIN�COMMISSION (May 2,9, 1g96) Fridlsy, Columbia Heights Focus News 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 1Pednesday, May 15, 1996 at 7:30 p.m. for the purpose of: Consideration of a special use permit, SP #96-10, by Glen Douglas, per Section 205. 07. O1.C. (1) of the Fridley City Code, to allow an accessory building other than the first accessory building, over 240 square feet, on Lot 2 , Block 1, Meadowlands Addition, generally located at 871 - 66th Avenue N.E. 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 the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 8, 1996. DAVE KONDRICK VICE-CHAIR PLANNING COMMISSION Publish: May 2, 1996 May 9, 1996 � r SP #96-10 Mailing List Mailed: April 30, 1996 Glen Douglas Glen/Jewell Douglas M.J./D.A. Gustafson Charles/Beverly Manns 871 - 66th Avenue NE or Current Resident or Current Resident Fridley, MN 55432 881 - 66th Avenue NE 6611 Jackson Street NE Fridley, MN 55432 Fridley, MN 55432 Brian Hove Susan Lovaas J. L./J. M. Golden or Current Resident or Current Resident or Current Resident 891 - 66th Avenue NE 6631 Jackson Street NE 6701 Overton Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Eugene/Jean Sederstrom Celestine Neisius Robert/Mary Rindal or Current Resident or Current Resident or Current Resident 6711 Overton Drive NE 821 Mississippi St. NE 811 - 66th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Sidney Inman Robert/Frances Swanson Donald/Judith Bess or Current Resident or Current Resident or Current Resident 6747 Overton Drive NE 6723 Overton Drive NE 6735 Overton Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 D. Johnson/M. Vantassel Vernon/Alice Gustafson Marty Fulton or Current Resident or Current Resident or Current Resident 881 Mississippi St. NE 871 Mississippi St. NE 851 Mississippi St. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richard/Marie Zegland Jerome/Dorothy Gravelle Donna Redden or Current Resident or Current Resident or Current Resident 841 Mississippi St. NE 831 Mississippi St. NE 6520 Able Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Stanley/Betty Auslund Dennis/Karen Digeros Virginia Schilling or Current Resident or Current Resident or Current Resident 860 - 66th Avenue NE 870 - 66th Avenue NE 850 - 66th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 D. Delvin/C. Dodge Keith/Neyla Livingwood Glenn/Mary Yamaguchi or Current Resident or Current Resident or Current Resident 840 - 66th Avenue NE 830 - 66th Avenue NE 820 - 66th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Meryle Berntson Wayne/Jacquelynn Brodal Timothy Gustafson or Current Resident or Current Resident or Current Resident 925 Mississippi St. NE 931 Mississippi St. NE 935 Mississippi St. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 w ; � Raymond Hartley John/Martha Anderson Brad/Elizabeth Rettke or Current Resident or Current Resident or Current Resident 821 - 66th Avenue NE 831 - 66th Avenue NE 841 - 66th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Bethel George/Shirley Simon City Council Members or Current Resident or Current Resident 851 - 66th Avenue NE 861 - 66th Avenue NE Fridley, MN 55432 Fridley, MN 55432 Dave Kondrick Planning Comm. Vice-Chair 280 Stonybrook Way NE Fridley, MN 55432 � a � Page No. 1 04/25/96 PIN 993024930000 133024230002 143024140088 143024140089 143024140111 133024230049 143024140070 143024140062 143024140063 143024140064 143024140065 143024140066 143024140067 143024140068 133024230016 133024230017 133024230015 143024140076 143024140075 143024140074 143024140073 143024140072 143024140071 143024140085 143024140083 143024140082 143024140081 143024140080 143024140084 4947701301848 Current��sident Current Resident Current Resident 9251V�ISSISSIPPI ST NE 935 MISSISSIPPI ST NE 931 MISSISSIPPI ST NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 891 66 AVE NE 881 66 AVE NE 871 66 AVE NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 861 66 AVE NE 851 66 AVE NE 841 66 AVE NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 831 66 AVE NE 821 66 AVE NE 6611 JACKSON ST NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 870 66 AVE NE 860 66 AVE NE 850 66 AVE NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 840 66 AVE NE 830 66 AVE NE 820 66 AVE NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 831 MISSISSIPPI ST NE 841 MISSISSIPPI ST NE 851 MISSISSIPPI ST NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 871 MISSISSIPPI ST NE 881 MISSISSIPPI ST NE 6520 ABLE ST NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 Current Resident Current Resident Current Resident 6711 OVERTON DR NE 6701 OVERTON DR NE 6631 JACKSON ST NE Fridley MN 55432 Fridley MN 55432 Fridley MN 55432 SP ��96-10 Glen Douglas N 871 66th Avenue SP 96- 10 CATION MAP ✓✓: �2 � � vneA 22 .. ... _ ... ~ E CO/J I ZI SE6_ - I �m),I r� °e�i , � - a.ii.ii Qs�l °i ayl u� '.s�� " e� .. __ �"�W � 5� �,,,��3 y 1 � �� r'� /� /T � � � 5�� L�� s �� •°� -s ' __ �r., o w ., � _ ? . ` ' °3 ; 2 / l w' c � �.. � r ti- ia i3 �Z �o r �,� ~; in ; N u _ . , .,. .. , , � . ,... ., �� . 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If approved, the petitioner would construct a 20' x 24' detached metal accessory structure in the rear yard. SUMMARY OF ISSUES: Section 205.07.01.C.(1) of the Fridley City Code requires a special use permit to allow an accessory building other than the first accessory building, over 240 square feet. Located on the property is a single family dwelling unit with an attached 1 1/2 car garage. The petitioner is proposing to construct the accessory structure in the rear yard. The proposal meets the setback requirements and does not exceed the maximum 25% lot coverage permitted in the R-1 zoning districts. The petitioner's request for a metal structure is unusual. In granting similar special use permit requests, the City has typically required the accessory structure to be architecturally compatible with the existing dwelling unit and adjacent dwelling units. The petitioner's dwelling is framed construction with horizontal vinyl or metal siding and a partial brick front. The design of the accessory structure is not similar to the existing single family dwelling. Staff would recommend that the petitioner be permitted to construct a second accessory structure of similar size; however, limit the choice of building materials to typical frame construction and require the design to be architecturally compatible with the dwelling. The structure, per Section 205.03.34, prohibits the use of the structure for a home occupation. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the request to construct a second accessory building measuring 20' x 24' with the following stipulation: 1. The accessory structural shall be architecturally compatible with the existing dwelling, and shall be constructed of similar materials. 2. The structure shall at no time be utilized for a home occupation. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. � Staff Report SP #96-10, by Glen Douglas Page 2 PROJECT DETAILS Petition For: A special use permit to allow construction of a 20' x 24' detached accessory structure. Location 871 - 66th Avenue N.E. of Property: Legal Description Lot 2, Block 1, Meadowlands Addition of Property: Size: 12,589 square feet; .28 acres Topography: Flat Existing Typical suburban; sod, trees, shrubs, etc. Vegetation: Existing R-1, Single Fami�y Dwelling; Meadowlands Addition Zoning/Platting: Availability Connected of Municipal Utilities: Vehicular 66th Avenue Access: Pedestrian N/A Access: Engineering N/A Issues: Site Planning ' Issues: 2.�2 Staff Report SP #96-10, by Glen Douglas Page 3 ADJACENT SITES WEST: Zoning: R-1, Single Family Dwelling Land Use: Residential SOUTH: Zoning: R-1, Single Family Dwelling Land Use: Residential EAST: Zoning: R-1, Single Family Dwelling Land Use: Residential NORTH: Zoning: P, Public Land Use: Park Comprehensive The zoning and comprehensive plan are consistent in this Planning Issues: location. Public Hearing No comments were received. Comments: REGIUEST The petitioner requests that a special use permit be granted to allow a second accessory building in excess of 240 square feet. If approved, the petitioner would construct a 20' x 24' detached metal accessory structure in the rear yard. PARCEL DESCRIPTION AND HISTORY The subject parcel is located on 66th Avenue east of Jackson Street and north of Mississippi Street. Located to the north of the subject property is Meadowlands Park. The building permit history of the subject parcel is as follows: 1960 Construction of a 25' x 42' dwelling, and a 19 1/2' x 23' attached garage 1970 Construction of a 10' x 20' addition to the dwelling 1986 Construction of a 12' x 16' deck ANALYSIS The accessory structure proposed by the petitioner meets the setback requirements for structures in the rear yard. The addition of the accessory structure will not increase the lot coverage over 25% as required by code. The petitioner has proposed to construct a metal accessory structure with a wood front. In similar 2.03 Staff Report SP #96-10, by Glen Douglas Page 4 requests previously approved, the City has typically required a stipulation which reads, "The structure shall be architecturally compatible with the existing structure." From the petitioner's detail drawings, it can be seen that the structure does not resemble a typical residential detached accessory structure. The petitioner's dwelling is constructed with vinyl or metal horizontal siding and a partial brick front. The parcel to the east received a special use permit in 1987 to construct a 22' x 24' second accessory structure. While not the same color as the dwelling, it has similar roof lines, siding, and is of frame construction. - The City has granted permission in one instance to a residential owner to construct a metal accessory building. That request occurred at 7738 Elm Street N.E. which is located in the Onaway industrial district. The residential property is a legal nonconforming use in the district. The City Council allowed construction of a metal accessory structure with the stipulation that within ten years, the structure be removed, or the house sold and removed by the petitioner. The residential dwelling at 7738 Elm Street was sold and removed in 1992. A typical stipulation for these requests is that no home occupation occur within the structure. It is unclear from the petitioner's written submission what the future intent of the structure is (see Page 2). Section 205.03.34 (attached) clearly prohibits the use of an accessory structure for home occupations. PLANNING COMMISSION ACTION The Planning Commission recommended approval of the request to construct a second accessory building measuring 20' x 24' with the following stipulation: 1. The accessory structural shall be architecturally compatible with the existing dwelling, and shall be constructed of similar materials. 2. The structure shall at no time be utilized for a home occupation. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 2.04 � - -�. PLANNING COMMISSION MEETING MAY 15 1996 PAGE 19 Easements shall be dedicated at e time of plan approval over the existing bikeway/w way areas. UPON A VOICE VOTE� ALL V NG AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION C IED UNANIMOUSLY. Ms. Dacy stated e HRA would consider this item on June 13 and the City Counc' will consider the request on June 24 . 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #96-10, BY GLEN DOUGLAS: Per Section 205.07. 01.C. {1) of the Fridley City Code, to allow an accessory building other than the first accessory building, over 240 square feet, on Lot 2, Block 1, Meadowlands Addition, generally located at 871 - 66th Avenue NE , MOTION by Mr. Saba, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAI�tPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:20 P.M. Ms. McFherson stated this special use permit request is to allow a second accessory structure in excess of 240 square feet. The subject parcel is located on 66th Avenue north of Mississippi Street and east of Jackson Street. The property abuts Meadowlands Park. Located on the subject parcel is a single family dwelling unit with an attached garage. The petitioner is proposing to construct a 20 foot x 24 foot accessory structure in the rear yard. The rear yard does slope from the street level down toward the back of the property and towards Meadowlands Park. The lower level of the dwelling is a walk-out. Ms. McPherson stated the petitioner has submitted plans for a metal accessory structure. The front would be wood. The request does not exceed the maximum structural coverage of 25� permitted by code and meets the setback requirements for accessory structures in a rear yard. Ms. McPherson stated the petitioner's request for a metal accessory structure is somewhat unusual when compared to similar cases the Planning Commission has reviewed in the past. In similar cases, the City has typically granted a special use permit with the stipulation that states the accessory structure is to be architecturally compatible with the primary structure on the property. The property to the east of the petitioner has a structure of similar construction and materials. The City did ..-, - PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 20 permit construction of a metal building at 7738 Elm Street but stipulated that either the residential structure or the metal structure be removed within 10 years of construction of the accessory structure. Elm Street is located in the Onaway Industrial District. In that district, homes are a legal, non- conforming use. Since the permit was issued, the residential structure has been removed and the property is now an industrial use. Also typical with these types of requests is a stipulation that no home occupation take place within the structure. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling, and shall be constructed of similar materials. . 2 . The structure shall at no time be utilized for a home occupation. Mr. Douglas stated he would appreciate approval for a steel building. He re�lizes it is an unusual request in that area. The building proposed is a steel Master building. He chose it because it is very substantial and can stand up to wind. He would like the Commission to consider the steel building with a stipulation that, if the property is sold, the building would be removed. He could build a wood structure but the metal structure best fits his needs. It has full capacity for storing projects and does not restrict the inside use. Mr. Kondrick asked if the building would be the same color as his home. Mr. Douglas stated the building would be a metal color. It is galvanized on the outside. Ms. Modig asked what he would be using this structure for. Mr. Douglas stated it would be for a hobby shop. He now has a shop in his basement but he does not have room for his tools. Mr. Kondrick asked what type of tools he would use. Mr. Douglas stated his tools include a lathe, saws, etc. Mr. Kondrick asked if he thought there would be a problem with noise from the tools. Mr. Douglas stated he has not yet had a complaint. This building would be insulated. � � . PLANNING COMMISSION MEETING, MAY 15, 1996 PAGE 21 Ms. Savage asked, if he did not get approval for the metal building, what would he then do. Mr. Douglas stated he would have to decide whether to go with the wood or forget it. He wants a shop. He will not be visible from the front yard. It would be visible from the park. Mr. Kondrick asked if staff had received any comments from the neighbors. Ms. McPherson stated they have not received any comments. Mr. Douglas stated he contacted some neighbors across the park. One stated they had not received a notice. Mr. Oquist stated there is a problem with the notice in that it does not say the construction is metal., The notice does not tell the whole story. � Mr. Douglas stated the building is not to rust for 25 years. Mr. Oquist asked if the report should have bPen required to say this is a metal building. Ms. McPherson stated the metal building is out of the norm but the code does not stipulate the material type. It stipulates accessory structure in excess of 240 square feet. MOTION by Ms. Savage, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT. 9:36 P.M. Mr. Oquist st�. +:kYd he liked the stipulations. There is nothing wrong with nice construction for a workshop but he could not go along with a metal building. Ms. Savage agreed. She thought it a dangerous precedent since the City has required the accessory structures be compatible with the main structure. Ms. Modig agreed. Mr. Saba agreed. He has seen some good metal buildings but this does violate the intent to have structurally compatible accessory structures. . - - PLANNING COMMISSION MEETING. MAY 15, 1996 PAGE 22 Mr. Kondrick agreed. It should be compatible with the current structure. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #96-10, by Glen Douglas, to allow an accessory building other than the first accessory building, over 240 square feet, on Lot 2, Block 1, Meadowlands Addition, generally located at 871 - 66th Avenue NE, with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling, and shall be constructed of similar materials. 2. The structure shall at no time be utilized for a home occupation. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated the City Council would consider this item on June 10. 4 . PUBLIC HEARING: CONTINUATION OF FOUR SPECIAL USE ERMIT RE UESTS PERTAINING TO MENARDS' PROPOSAL FOR E NSION: Special Use Permit, SP #96-02, by Menard c. , to allow unscreened exterior storage of material and equipment, generally located at 5207 Central Av ue NE (presently the Skywood Mall property) . Special Use Permit, SP #96-05 y Menard Inc. , to allow agencies selling or display' g recreational vehicles, boats, and marine equipment, mac nery, manufactured homes, or other similar enterpri s having merchandise in the open and not within an enclos structure, generally located at 965 - 53rd Avenue NE (th Menards property) . Special Use Pe�nit, SP #96-06, by Menard Inc. , to allow iznscreened e,x�terior storage of materials and equipment, generally �6cated at 965 - 53rd Avenue NE (the Menards property . Spec' 1 Use Permit, SP #96-07, by Menard Inc. , to allow ag cies selling or displaying recreational vehicles, boats, a d marine equipment, machinery, manufactured homes, or ther similar enterprises having merchandise in the open and not within an enclosed structure, generally located at 5207 Central Avenue NE (presently the Skywood Mall property) . THE MINUTES OF THE REGUI.AR MEETING OF THE FRIDLEY CITY COUNCIL OF ,7UNE 10, 19 9 6 The Regular Meeting of the Fridley City Council was called to der by Mayor Nee at 7 :37 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman orgenson, Councilman Billings, Councilman S neider, and Council- woman Bolkcom MEMBERS ABSENT: None FRIDLEY `49ER DAYS CELEBRATION: Mr. Hal Hinchliffe, President of Fridley `49er Days, invited Council and all residents to attend the `49er Days celebration which begins with a parade o Thursday evening. He outlined the events taking place during is celebration. He said that buttons are on sale at SuperAmeric stores. APPROVAL OF MINUTES: COLTNCIL MEETING, MAY 20, 1996: MOTION by Counc' woman Jorgenson to approve the minutes as presented. Seco ded by Councilman Schneider. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. APPROVAL OF OPOSED CONSENT AGENDA: NEW BUSIN S: l . R EIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 5, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 15, 1996. 2 . SPECIAL USE PERMIT, SP #96-10, BY GLEN DOUGLAS, TO ALLOW AN ACCESSORY BUILDING OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 871 66TH AVENUE N.E. (WARD 1) : Mr. Burns, City Manager, stated that this is a request for a special use permit to allow the construction of a second accessory structure over 240 square feet. The petitioner is proposing to construct a 20 foot by 24 foot detached metal . FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 2 structure in his rear yard. The building would be used for hobby related woodworking. Mr. Burns stated that the Planning Commission has recommended approval with the stipulations that the accessory structure be architecturally compatible with the existing dwelling, that it be constructed of similar materials, and that the structure shall at no time be utilized for a home occupation. The petitioner agrees to the stipulations, and staff recommends approval. 3. APPROVE EASEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TRILLIUM CORPORATION, GENERALLY LOCATED �T 61ST WAY AND ASHTO AVENUE {WARD 3) : Mr. Burns, City Manager, stated that Trillium Corporat ' n is � selling a parcel of property to Tri-Star Insulation o will construct an office/warehouse on the site. This par l, while having access to East River Road, does not prov'`ide direct southbound travel due to the median in East Riv�r Road. In order to gain access to 61st Way and the s�gnaled inter- section, Trillium is granting an access �`asement on its property adjacent to the easterly property 1'ne of the parcel. Trillium has requested permission from e City to use a portion of the 61st Way right-of-way eas of Ashton Avenue to obtain access to the signaled intersect ' on. Mr. Burns stated that this easement agreement indemnifies the City from all claims arising from se of the right-of-way and requires Trillium to construct, and maintain the proposed access road for Tri-Star Insul tion. The City Engineer does not object to granting the easement and staff recommends approval. APPROVED THE EASEMENT AG EMENT WITH TRILLIUM CORPORATION. 4 . RECEIVE BIDS AND AW CONTRACT FOR 1996 STREET IMPROVEMENT PROJECT N0. 1996-10 SEALCOAT) : Mr. Burns, City nager, stated that four bids were received for the 1996 se coat project, and the low bidder was Asphalt Surface Techn ogies Corporation (ASTECH) in the amount of , $174, 315. 86. There are 327, 578 square yards of sealcoating to be com eted including 160, 000 square yards that were originall to be done in 1995. The bid was less than estimate , and it was felt this was due to the large size of the pr ect. Mr. Burns said that staff recommends the bids be recei ed and the contract awarded to ASTECH. RE IVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT P OJECT NO. 1996-10 (SEALCOAT) : Astech Corporation, 174 ,315.86; Allied Blacktop, $178,885. 17; Bituminous Roadways, $191,363.00; and Caldwell Asphalt, $217,101.82. THE � / _ C�TYOF FR!DLEY F�RIDLEY MUNICIPAL CENT[:R •fi431 UMVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3�150• FAX (612) 571-12.?{7 CITY COUNCIL ACTION TAKEN NOTICE June 13, 1996 Glen Douglas 871 - 66th Avenue N.E. Fridley, MN 55432 Dear Mr. Douglas: On June 10, 1996, the Fridley City Councii officially approved your request for a special use permit, SP #96-10, to allow an accessory building other than the first accessory building, over 240 square feet, on Lot 2, Block 1, Meadowlands Addition, generally located at 871 - 66th Avenue N.E. Approval of this special use permit is contingent upon the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling and shall be constructed of similar materiats. 2. The structure shall at no time be utilized for a home occupation. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 27, 1996. � � � Concur with actio taken. STATE O�'MINNESOTA ) CITY COUNCIL PROCEEDINGS . SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) � In the Matterof: �uecial use permit, SP ��96-10 � Ownef: Glen G. DouQlas and Jewell 0. Douglas The above entitied matter came before the City Council of the City of Fridley and was heard on the �oth day of June , 19 96 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow an accessory building other than the first accessory building over 240 square feet, on Lot 2, Block 1 , Meadowlands Addition, generally located at 871 - 66th Avenue N.E. ��— ��—�.�— l�— 00(�3 cP� IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council meeting minutes of June 10, 1996. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, 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�'',�� day of �a,��t.c �•. , �9��• DRAFTED BY: City of Fridley , � , - f;, , ' 6431 University Avenue N.E. «� � Fridley, MN 55432 William A. Champa, City Clerk -�� ,L �f;r, _� ��' .,. �� ,'. �. 1 . - _ • 4 • " . . �'�� '� , (�EAL) ; -, . ,� � �,�' �'..••��,,.��'.�. _,i , FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 6 t� PUBLIC HEARINGS: 11 . PUBLIC HEARING ON THE VACATION OF AN EASEMENT IN T SOUTHWEST QUADRANT PROJECT AREA, SAV #95-02, (WARD 1) : MOTION by Councilman Billings to waive the read' g of the public hearing notice and open the public hearing. Se nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8 : 00 p.m. Ms . Dacy, Community Development Director, stated that the easement to be vacated is located in the So��hwest Quadrant of Mississippi Street and University Avenue. T site is now under construction by Rottlund Homes. Ms. Dacy stated that at t e closing of this property, it was discovered that this ease ent was not included in the ordinance that vacated a number of ight-of-ways and easements. The easement was retained in 1964, nd the utilities that were located in this easement have since een removed. She stated that there is no adverse impact to v cate this easement. No persons iiz t e audience spoke regarding the proposed vacation of this easement MOTION b Councilman Schneider to close the public hearing. Seconde by Councilwoman Bolkcom. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously, and the pub ' c hearing closed at 8 : 02 p.m. P��`EW BUSINESS: 2 . SPECIAL USE PERMIT, SP #96-10, BY GLEN DOUGLAS, TO ALLOW AN ACCESSORY BUILDING OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERA.LLY LOCATED AT 871 66TH AVENUE N.E. (WARD 1) : Councilwoman Jorgenson stated that in the checklist for this special use permit, Item 5 states that "this will be a one man shop for some time to come. " She asked Mr. Douglas if he was aware of the home occupation ordinance. Mr. Douglas, the petitioner, stated that he is aware of the home occupation ordinance and does not intend for this hobby to become a home occupation. MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP #96-10, to allow an accessory building over 240 square feet at 871 66th Avenue, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling and shall be constructed of similar materials; and (2) the ` structure shall at no time be utilized for a home occupation. FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 PAGE 7 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12 . SPECIAL USE PERMIT, SP #96-05, BY MENARD' S, INC. , TO AL OW AGENCIES SELLING OR DISPLAYING RECREATIONAI., VEHICLES, B ATS AND MARINE EQUIPMENT, MACHINERY, MANUFACTURED HOMES, OR THER SIMILAR ENTERPRISES HAVING MERCHANDISE IN THE OPEN D NOT WITHIN AN ENCLOSED STRUCTURE, GENERALLY LOCATED AT 65 53RD RVENUE N.E. (WARD 1) : AND SPECIAL USE PERMIT, SP #96-06, BY MENARD' S, INC , TO ALLOW UNSCREENED EXTERIOR STORAGE OF MATERIALS AN EQUIPMENT, GENERALLY LOCATED AT 965 53RD AVENUE N.E. (WARD ) : AND SPECIAL USE PERMIT, SP #96-07, BY MENARD' INC. , TO ALLOW AGENCIES SELLING OR DISPLAYING RECREATION VEHICLES, BOATS AND MARINE EQUIPMENT, MACHINERY, MANUFACTU D HOMES, OR OTHER SIMILI�R ENTERPRISES HAVING MERCHANDISE THE OPEN AND NOT WITHIN AN ENCLOSED STRUCTURE, GENE LY LOCATED AT 5207 CENTRAL AVENUE N.E. (WARD 1) : Mr. Hickok, Planning Coordinator, stat d that these are three requests for special use permits by M ard' s . Menard' s plans to expand their business and purchase e adjacent Skywood Mall . Special use permit, SP #96-05, allow merchandise in the open but not within an enclosed structure. n the front of Menard' s there is unscreened storage of materials and that is the reason for the special use permit . i Mr. Hickok stated that Special Use Permit, SP #96-06, allows unscreened exterior storage bf materials. In the rear yard of Menard' s there are material� stored in the open and is the reason for this special use permit: Mr. Hickok stated that'iSpecial Use Permit, SP #96-07, allows merchandise in the oper��'and not within an enclosed structure on the Skywood Mall site. Mehard' s plans to remodel the Skywood Mall site and the entire west,"�face of the mall to allow direct access for retailers . 1,. Mr. Hickok stat�d that another special use permit which would have allowed unscre �ied exterior storage on the Skywood Mall site was withdrawn by nard' s . Mr. Hickok resented a video of the site showing the views from Skywood C rt and Taylor Street. He also presented a video on the Menard' s store in Woodbury where Menard' s purchased a mall to expand eir business. Mr. ckok stated that the yard barn location on the north end of Men rd' s would be remodeled, and the display in front would be ' co densed. The existinq southern portion of the Menard' s store, w ich is now bulk storage, will be remodeled for retail . The ABs i eAcr , ReceiPl #�7p� f9� ❑ Cerlified Copy Dale'Time: -��-97 � i'7:O o CI Tax Liens�Releases Doc. Order / of ❑ Multi-Co Doc Tax Pd ✓ by: Recorda6iliry: ❑ Transfer NeW DOCUMENT N0. 12 6 2 3 4 9 . 0 ABSTRACT ❑ Desc. Filing Fees: � ❑ Division ❑ GAC ANOKA COUNTY MINNESOT Def. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Delqs: Pins: C� [J Status ❑ Spec. FOR RECORD ON Jp,I�T 31 9 7 AND WAS DULY RECORDED. AT 5 : O O PM PAID. FEES AND TAXES IN THE AMOUNT OF $�-9 . 5 O RECEIPT N0. 9 7 0 O 7 5 7� EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/FEGISTR,4R OF TITLES KHJ BY DEPUTV PROPERTY TAXADMINISTRATOR/RECORDER/REGIS7RAR OF TITLE { V