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SP96-12 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: 3 L�C7 S� 1�1 �(� 1�6 �� ) � � � �.� �N��j `i �� Property Identification Number (PIN) � � � (,� - Z �1 ^ � Legal description: , Lot � �,��Block��S - N � TracdAddition Cui-�•ent zoning: h H� hl� <aRN�►� quare footage/acreage �8 �1 �� '� �7 7,�1�- � �� o��E7�i�4�j5�Z.u�S NE y W�y ' Reason for special use permit: ;. - l�Am �HG '�E�A�#�1�9 (��R(�G� Section of City Code: � 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 � ryNivrviv�vrv.v/wivr/iviviv�+iv riN�i..rr..ri..r�+�viviviv. FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) . NAME �� N G � 1v 6-U Yt(�l ADDRESS � � b'V C(��SC — RIV�R-�DI�^� 1-R10 �..�Y- �{i!�5.��j�, DAYTIME PHONE S`7 L. -� ` SIGNATURE ' DATE � � � PE TITI �ER INF R MAT I~�~~�~~~��~�~~�~~~~~~��~~~~~~~~~~. NAM� �1._ ,� ADDRESS�`��`" ��/(�� f'�� /� � , �� YTIME PHONE (��l _ ��"�> SIGNATURE �_ _._ - �LL--,-..---------"" DATE 2''�� /..� �j'`C� ,. Fee: $400.00 $100.00 for residential2nd accessoiy buildings Permit SP# ��(! �(li Re ipt �2c�� Application received by: Scheduled Planning Commission date: _� � Scheduled City Council date: k 205.05_-:14 . . � 4. SPECIAL USE PERMIT A. Purpose. 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 which 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, �roposed 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 thirty (30) days prior to the hearing. Failure of a property owner to receive not:ice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council within sixty (60) days of tt�e datc of tiearing of the petitioil to the Planning Commission or within sixty (60) days of any continuance of such maLtet p;ranted at the applicant's w:itten request. . �. �.�.,..�-�,_ _ , _....,,s il��.s� �:-��-;._.� 4.s:a:ar��:d�`-�'+r,.�n>=� ,`_��'�S:`�i:,.�..�,, :^�4a�`� i-_.. _ ..�-�54' �.t.;�� .'-£... �'?_' .-7 .. , �; � 03/94 ?_OS-25 s4. � C�ty of Frid�eY EFORE PUBLIC HEARICOMMISSION TFIE PLANNIN en that there will be a Notice is hereby�9the Fridley Planni�9 public hearing Municipal CeMer, Commission at thAeVe^UeBNE on Wednesday, 6431,U��1996 a�7;30 p•m•for the purpose June 19, efmit,SP ot: ecial��P $ection Consideration�Oata Tran, P8f �de,to M96-12, by ot ihe Fridley City 205.07•�1•�•�� yuddings other than the tirst allow acce b�lding.over 240 sq�are teet,on accessory peres,generally located at Lot 3, Chesney 7300 East R�vere sons desiring to be heard Any a�d all P ortunity at the above shall be given an opP Uestions relat- siated time and P�aCe• A�y q ed to this item may be referardme^�hai Community Development Dep 572-3593. aired persons p�annin9�� Hearing �mP �eter or other per- arend who need an interp �1te auxiliary sons with disabilities wha req aids should contact Robert 19��ng at 572- g50p no Iater than June�2• DAVE KONDRICK VICE-CHAIR PLANNING COMMISS��N Facus News (June 6.13,1996)Fridley .�_�-- ^_•..�... City of Fridley PUBLIC HEARINQ BEFORE THE PLANNING COI�IiISSION Notice is hereby given ihat there will be a public hearing ot the Fridley Planning Commissio�at the Fridley Municipal Center, 6431 University Avenue NE on Wednesday, June 19, 1996 at 7:30 p.m.for the purpose ot: Consideration ot a apecial u erP Sect on N96-12, by Dat Tran, p 205.07.O1.C.(1)of the Fridley City Code,to allow accessory buildings other than the fi�st accessory building,over 240 square teet,on Lot 3, Chesney Acres, generally located at 7300 East River Road NE. Any and all persons desiring to be heard shall be given an opportunity at ihe above stated time and place. Any questions relat- ed to this item may be referred to the Community Development Depariment at 572-3593. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than June 12,1996. DAVE KONDRICK VICE-CHAIR PLANNING COMMISSION (June 6,13,1996)Fridley Focus News 5P #9�-12 Mailing List Mailed: 6/3/96 Dat Tran Dat Tran Hung Nguyen David/Valeria Slovensky 7300 E. River Rd. NE 7300 E. River Rd. NE or Current Resident Fridley, MN 55432 Fridley, MN 55432 7234 E. River Rd. NE Fridley, MN 55432 Joan Thomas Ann Engebrit William Hinderer or Current Resident or Current Resident or Current Resident 40 Logan Parkway NE 60 Logan Parkway NE 80 Logan Parkway NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Donald/Sophie Hall James/Carol Foss William/Hazel Linton or Current Resident or Current Resident or Current Resident 79 Logan Parkway NE 59 Logan Parkway NE 39 Logan Parkway NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 John/Cheryl Wesseling Steven/Patty Montague Sandra Monette or Current Resident or Current Resident or Current Resident 29 Logan Parkway NE 115 Logan Parkway NE 101 Logan Parkway NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Julie Brunner Yvonne Sprungman Gill/Nancy Strand or Current Resident or Current Resident or Current Resident 7235 E. River Rd. NE 7255 E. River Rd. NE 7271 E. River Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Kunz Oil Co. B. Crawford/ S. Crego Marvin/Rosemary Kolling PO Box 24107 or Current Resident or Current Resident Minneapolis, MN 55424 7340 E. River Rd. NE 109 Glen Creek Rd. NE Fridley, MN 55432 Fridley, MN 55432 Bill/Barb Kaczmarczyk Paul/Ruth Bauhman Ronald Wanless or Current Resident or Current Resident or Current Resident 148 Glen Creek Rd. NE 136 Glen Creek Rd. NE 124 Glen Creek Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Luke/Mary Ho Benedict Rodney/Joann Smith John/Joan Palmquist or Current Resident or Current Resident or Current Resident 112 Glen Creek Rd. NE 100 Glen Creek Rd. NE 139 Glen Creek Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gary/Karen Leske Dean/Carmen Coleman Donald Carrigan or Current Resident or Current Resident or Current Resident 135 Glen Creek Rd. NE 123 Glen Creek Rd. NE 123 Chesney Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 ��seph/Vivian Menth Donald Wegler Norman/Mary Herzog or Current Resident or Current Resident or Current Resident 147 Chesney Way NE 7356 E. River Rd. NE 115 Glen Creek Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Timothy Heldenbrand Patrick Doherty John/Sandra Capretz or Current Resident or Current Resident or Current Resident 7321 E. River Rd. NE 7315 E. River Rd. NE 7335 E. River Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Harvey Kniefel Robert/Leona Peterson Dave Kondrick or Current Resident or Current Resident Planning Comm.Vice-Chai 145 Logan Parkway NE 129 Logan Parkway NE 280 Stonybrook Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 City Council Members 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, June 19, 1996 at 7:30 p.m. for the purpose of: Consideration of a special use permit, SP #96-12, by Dat Tran, per Section 205. 07. 01.C. (1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road 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 572-3593 . 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 June 12, 1996. DAVE KONDRICK VICE-CHAIR PLANNING COMMISSION Publish: June 6, 1996 June 13 , 1996 SP ��96-12 Dat Tran N SP #96- 12 D at Tran 73 00 East River Road CATI O N MAP , . 3P ��96-I2 ._ . Dat ran , __ � - • n � � � � � ., � � � � � � � -� 3 i � � �� ; -,� J � .� �.. � 1 �.Y-- � � � C� 3 ��'� -� . v lU � ''J �" . � �, � % � L 1� � � ��J .^ � � l. � `� r►." ci, � i�. ��, _ v ..., a � i �,, i�1.,„ . . j �'S "„' � � o`y � � , ! � k, � , h � I � : , __ ._ _.. : . , , � �� i�3 _ __........... . k . 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C+�� 1 °`, � ' i e i I t; -I�----� c' .,.-�`'-r- - � '4' "r'r��'-^-� -�-,--5 i. 5 c-` ..e, i ° ' I � � � k--'�7 k-`-_.i� _-- �� . r-- � � ,, : ,M �t " � (a7 (+�) fA �_• _� �� 64 � I �� 'r��' (� ��" u °� (�? �• .� � �- ��-r------� � � s) �J :�- �," '� f m ,3' .. �� ',.� � I "`) �,� � \ �(J' ` ' � .., r� .}' «+, I I I� a � , �, ' �j.. * ;- ( , �, _y1� __ �� ,� , ,�;. . � 1_ ,C . I L r._ 4 . i,o'�^-\ ��%�;�. \ _/% � . ��HJ_ �_ ..,,,. \'`�...:��i5 �e(.a)•-i,` . . � � CIIYOF CITY OF FRIDLEY FRIDLEY COMMISSION APPLICATION REVIEW File Number 34 File Date 6/3/96 Meeting Date 6/ 19/96 �escription: sPec�al Use Permit, SP �696-12, by Dat Tran. To allow a second accessory building at 7300 East River Road N.E. * * Return to the Community Development Department * * �'I:%'��'� ' -� �.� Barbara Dacy _�._m...�_�.�....�. ��« Community Development Director • �'��-��-��` � �G�` ��'""`-� ��"`�""�- � b t ��y ��` � x John Flora ��r��y� ' . �,-`� ��.. Public Works Director ' � �,;� � ��';i�..�_� �=�� y�� ,. � '�''�fC4,�*...,�..'''.,., . � �'. . � � �.^��<,��, ��: " , .� Ed Hervin �� City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall � Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director � + APPLICATION REVIEW CHECKLIST FI LE: ;::;:::;<:;.»>::.;:>:::»>::>::;:::::<::>::::>. :. ..:::: ....::.:.:::<..>:::..;:::>::>:;;;:::; ;:- .:> ...,-.. .:`.'::�>:��::<:`::`:::>::::::::::::::»:::<::�;'>::::::::>::>::;:<::<>::;::>:::>`:::::::::::::>:�'>:>�'::>::>::>':�;:::::;:">:��<:>::>:�<:::><::>;`;':>: : ,..��`'.�»;:>:`:::>::>::>::»>::>:<::" :��PI:::�E::::>::«:�T�.._:.: ��+?I�'�E�'..............................:.....:.... .... ...................................:... ; � APPLICATION RECEIVED S•l3 •�jlo 4 DEVELOPMENT �IA� Gv��o GIfS � '�✓�'C�'�� REVIEW COMM .:�� t G•r�'�(� W� IML-- �G-✓✓'�'�lG.rc�✓� Dfo o,t2� f �•(.� N ��.vp�y�,� . O.Wd✓►'�.' G.�a-{��q U Cbld ,9U ADDRE3S FILE �� X ��. �` REVIEWED /9UI — Cs►�/►n+of'►o�. ?�Oxl2 • q�.✓e-lc� p / /'� ll �, FILLAND USE � �?'7' IL� WO L�,iW_ � FJ . �C'�_""_ �` ( �� „' �trc,�i,�g � (� V .� PETITIONER CALLED SI� VISIT/MEETING 6 AER1/1L � PHOTo M�we IC-I 17`r� MAPS DONE �/ (�'•��'f,�jp ; REPORT W RITTEN r . CITY �1F FRIDLEY PROJECT SUMMARI� SPECIAL USE PERMIT, SP #96-12, BY DAT TRAN; 7300 EAST RIVER ROAD A'' enda' Item:' ; A " lican€: Dat' Trar�; Case Number: SP #96-12 : A ' licati�n Date: Ma 13,' 1996 S�aff Reviewer: M. McPherson; Meetin Date: 6J'19196, 711�/96; 7l22/96 ;, . Git Mana r>Authorizatior�. s `�.;,''" DESCRIPTION OF REQUEST: The petitioner requests that a special use permit be issued to allow construction of a second accessory structure measuring 24' x 26'. If approved, the petitioner would construct a new 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 for construction of a second accessory structure over 240 square feet. Located on the property is a single family dwelling unit and a detached first accessory structure measuring 20' x 22'. The entrance to the first accessory structure faces Chesney Way, with little or no setback from the street. The Engineering Department has indicated a desire to have only one access point from Chesney Way. A more preferred alternative for the petitioner would be to remove the first accessory structure constructed in 1961 and consolidate that space into one structure located in the rear yard. Chesney Way, however, services only three dwellings, so the traffic conflicts are not as great as on a typical street. RECOMMENDATION: Due to the age of the first accessory structure, the multiple driveway cuts, and the setback of the first accessory structure, staff recommends that the Planning Commission recommend denial of the request to the City Council. This request is an opportunity for the City to work with the applicant to redevelop the lot in a more typical manner. PLANNING COMMISSION ACTION: The petitioner wants to retain the older garage and understands that it is nonconforming. Since the petitioner agreed to remove the hardsurface adjacent to the existing garage, the Planning Commission voted unanimously to recommend approval of the request with one stipulation: 1. The petitioner shall remove the hardsurface parking area adjacent to the dwelling unit. This area shall be resodded or seeded. CITY COUNCIL RECOMMENDATION: With the removal of the third access point, the request is consistent with similar requests previously approved requests. Staff, therefore, recommends that the City Council concur with the Planning Commission action. 2.�� Staff Report SP #96-12, by Dat Tran Page 2 PROJECT DETAILS Petition For: A special use permit to allow construction of a second accessory strueture over 240 square feet. Location 7300 East River Road N.E. of Properiy: Legal Description Lot 3, Chesney Acres of Property: Size: 80' x 177'; 14,160 square feet Topography: Flat Existing Typical suburban; sod, trees, shrubs, etc. Vegetation: Existing R-1, Single Family Dwelling; Chesney Acres; 1961 Zoning/Platting: Availability Connected of Municipal Utilities: Vehicular Chesney Acres Access: Pedestrian N/A Access: Engineering N/A Issues: Site Planning Issues: 2.�2 Staff Report SP #96-12, by Dat Tran 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: R-1, Single Family Dwelling Land Use: Residential Comprehensive The zoning and Comprehensive Plan are consistent in this Planning Issues: location. Public Hearing To be taken. Comments: REQUEST The petitioner requests that a special use permit be issued to allow construction of a second accessory structure measuring 24' x 26'. If approved, the petitioner would construct a new accessory structure in the rear yard. PARCEL DESCRIPTION AND HISTORY The subject parcel is located at the intersection of Chesney Way and East River Road. The property measures 80' x 177' with the shorter of the finro frontages facing East River Road. The property was platted in 1961. Chesney Way services a total of three properties. Located on the subject parcel is a single family dwelling unit, a detached garage measuring 20' x 22' constructed in 1961, and a paved parking surface large enough for finro vehicles adjacent to the dwelling and detached garage. There is no documentation as to when the dwelling was constructed. The detached garage contains finro single garage doors and faces Chesney Way with little or no setback befinreen the garage and the street. 2.03 . Staff Report SP #96-12, by Dat Tran Page 4 ANALYSIS The petitioner's request is typical of similar requests reviewed by the Planning Commission. This request is somewhat unusual in that the length of the lot is parallel with Chesney Way. The location of the first accessory structure is also unique. The Engineering Department expressed a desire to consolidate the multiple access points along Chesney Way. With the addition of a second accessory structure, three access points will be adjacent to Chesney Way on the subject parcel (parking surface, first accessory, second accessory). A preferred alternative would be to remove the first accessory strueture and consolidate its space with the proposed structure. This would provide the petitioner with the desired space, and would eliminate multiple curb cuts adjacent to Chesney Way. The additional hardsurface area could also be removed, increasing the green space on the parcel. The request as proposed meets the setback requirements and does not increase the lot coverage to over 25% as permitted by code. RECOMMENDATION Due to the age of the first accessory structure, the multiple driveway cuts, and the setback of the first accessory structure, staff recommends that the Planning Commission recommend denial of the request to the City Council. This request is an opportunity for the City to work with the applicant to redevelop the lot in a more typical manner. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: 1. The petitioner shall remove the hardsurface parking area adjacent to the dwelling unit. This area shall be resodded or seeded. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 2.04 • PLANNING COMMISSION MEETiNG JUNE 19 1996 PAGE 4 Mr. Oquist stated that he believed a program like the Banfill Center for the Arts should� be affiliated with the County and funded accordingly. / i Mr. Kondrick stated that each year, the Human Resources Commission rr��agonize over the funds to be given to many very worthy organizations. His ha oes off to this Commission for doing a great job with its recommendations. Mr. Sielaff stated that he needed additional clarification for e criteria used to determine funding allocations. He also believed that i at criteria, heavier emphasis should be placed on those programs where the citi s of Fridley are truly being served as opposed to his view that some of the ganizations that made applications were from outside the Fridley area and may t serve Fridley residents. Mr. Oquist stated he was surprised at w many Fridley residents are actually served by these organizations that make a lications. Although the organization itself may be outside the City, the people bei helped by the organizations are very often Fridley residents. Mr. Sielaff reiterated hi mterest in additional information in the future about how many Fridley residents ar eing served by a program. A general disc ssion ensued regarding the funding. MOTION y Mr. Kondrick, seconded by Mr. Oquist, to approve the Human Resources Com ' sion's recommendations for 1996-97 CDBG Human Service funds. ON A VOICE VOTE, ALL VOTING AYE, CHAIR�ERSON SAVAGE DECLARED HE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #96- 12, BY DAT TRAN: Per Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the �eading of the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:50 P.M. Ms. McPherson stated that the special use permit request was to allow construction of a second garage at 7300 East River Road. The subject parcel is located at the intersection of Chesney Way and East River Road. Chesney Way is a dead-end street containing three dwellings. It is located south of Osborne Road. 2.�7 i PLANNING COMMISSION MEETING. JUNE 19 1996 PAGE 5 Ms. McPherson stated that located on the subject parcel is a single family dwelling unit and an existing 20'x22' detached garage with the doors facing Chesney Way. The petitioner is proposing to construct a 24'�c26' detached garage to the rear of the dwelling unit. The petitioner proposes to maintain the existing garage as well as the hardsurface parking area located adjacent to the dwelling. Ms. McPherson stated that if the request was approved, there would be three curb cuts from the property onto Chesney Way. The Engineering Department prefers to limit the number of access points to the property, and would like to see them consolidated into one. An alternative the petitioner could pursue would be to construct one large garage and remove the existing garage and parking area. This would be especially beneficial as there is no setback from Chesney Way to the existing ga�age. Ms. McPherson stated that staff recommends that the Planning Commission recommend denial of the request to the City Council. Staff recommends that one garage would be a preferred alternative. � Ms. Savage asked if any of the neighbors called regarding the request. . Ms. McPherson stated she had received two phone calls regarding the request. She stated that neither caller expressed any concerns with the request. None of the property owners on Chesney Way cafled regarding the request. Mr. Sielaff asked if staff was recommending denial because there should only be one access to the street? Ms. McPherson stated that was correct. Ms. McPherson clarified the access to the existing driveway. Mr. Oquist asked about the parking area adjacent to the existing garage. Ms. Savage asked if there were specific criteria that needed to be evaluated for this type of special use permit request. Ms. McPherson stated that there are no criteria specific to second accessory special use permit requests, however, the City has the discretion to look at traffic, impacts to adjacent properties, access, etc. Ms. Savage asked if the petitioner would need a variance. Ms. McPherson stated no, not for the request as it is currently presented. Mr. Saba asked how close the existing garage was to the street? � PLANNING COMMISSION MEETING, JUNE 19, 1996 PAGE 6 Ms. McPherson stated approximately one to two feet. Ms. Savage stated that the petitioner wanted to keep the first garage. She asked if a variance was needed for the request. Ms. McPherson stated that the request met the setback requirements. Mr. Kondrick asked what could be done about the existing garage. Ms. McPherson stated nothing, it was nonconforming, but until it is damaged to more than 50% of its value, the City does not have the authority to remove it. Dat Tran, petitioner, stepped to the podium. Ms. Savage asked the petitioner how he felt about staff's alternative to combine the finro garages into one? Mr. Tran stated that if the existing garage was removed, the family would lose the privacy on that side of the house. He stated there is a bathroom and bedroom on that side of the dwelling. Mr. Kondrick asked if that was the front of the house. Mr. Tran stated that was the side. Mr. Kondrick asked what the distance was between the house and the street on that side? Ms. McPhe�son stated 25-30 feet. Mr. Tran stated the distance between the house and garage was about three feet. Ms. Savage asked which house would have an impact on the family's privacy? Mr. Tran stated the house to the north. Mr. Oquist stated that if the garage was removed, the privacy issue would be similar to every other house in the City. Ms. Savage stated there were only three properties on the street. Mr. Tran asked if he could get a permit to build a new garage addition attached to the old one? Ms. McPherson stated that that request would require a variance approval as the 2.09 l PLANNING COMMISSION MEETING JUNE 19 1996 PAGE 7 garage is too close to the street. Mr. Kondrick asked when the garage was built. Ms. McPherson stated 1961. There is no record of when the dwelling was built. The property was platted in 1961. Ms. Savage stated that the existing garage was a two-car garage. Is it smaller than a typical two-car garage? Ms. McPherson stated yes, typical two-car garages are 24 feet by 24 feet. Ms. Savage asked the Mr. Tran why he needed the extra garage space? Mr. Tran stated that opposed to building just a shed, he felt that a garage with a long driveway would provide more space. The family has six cars. Adding on to the exisitng garage would be a problem because of the snow in the winter. Mr. Oquist stated that building a new garage was a good idea, but the problem facing the Commission was the access points on the property. If the existing garage could be removed, it would consolidate the property. Ms. Savage asked about the hardsurface parking area. Mr. Tran stated that it was there when the family purchased the house. He stated the rear yard does nat get used very much. Mr. Saba asked if the petitioner could remove the hardsurface parking area since the new garage is proposed to have a new driveway? This would eliminate one of the access points. Mr. Tran stated he would have to discuss it with the rest of the family. _ Mr. Oquist asked if the existing garage was used? Mr. Tran stated yes. He stated that there is not enough room to park all of their cars, so one of the cars must be parked on the street. Mr. Saba asked how staff would feel about the request if the hardsurface parking area was removed? Ms. McPherson stated that if the parking area was removed, it would reduce the number of access points to two, which is consistent with previously granted requests. Ms. Savage stated that the prablem was the three access points. PLANNING COMMISSION MEETING JUNE 19, 1996 PAGE 8 Mr. Saba stated that the City tries to make requests consistent with each other. The Commission would like to see one of the access points removed. He would be willing to approve the request if the parking area was removed. Mr. Tran asked if he would be permitted to attach the new garage to the old garage. Mr. Oquist stated that the City would have a problem with a garage that close to the street. Ms. McPherson stated that a variance would be required, and that it probably would not be approved as it was outside of what had been previously granted. Mr. Oquist stated that aesthetically, the addition to the existing garage would become a very long oppressive building. Mr. Oquist stated that he liked the proposal; he would prefer to have the existing garage removed, but he could understand the petitioner's position. Mr. Saba asked the petitioner if the Commission could table the item until the next meeting to allow him to evaluate removing the parking area to reduce the number of � access points? Ms. Savage asked staff if they would oppose the request if the parking area was removed? Ms. McPherson stated that the Engineering Department still has a problem with the setback of the original garage, but two access points is consistent with what has been approved previously. Mr. Tran agreed to the tabling of the item. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. _ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to table special use permit request SP #96-12 until the July 10, 1996 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. —�� 3. RECEIVE THE MINUTES OF ��iE PARKS AND RECREATION COMMISSION MEETING OF MAY 6, 19�6_: , . /.- � 2.11 . -� � PLANNING COMMI3SION MEETING, JOLY 10, 1996 PAGE 9 13 . The use shall not provide for the outdoor operation .�r� lubrication equipment, hydraulic lifts or service,�its; or the outdoor display of inerchandise. / 14 . The property shall not be used as a place ,qg storage or depository of wrecked, abandoned or junke� motor vehicles. 15. All vehicles associated with this use must be parked on site. Automobiles being serviced: may be parked for a maximum period of forty-eight (�8) hours at any one time. Automobile Sales Stipulations 16. The use of streamers, pennants, and flags is prohibited. 17. The petitioner sha�°� comply with the temporary sign ordinance for all` temporary signs on the property. 18. The petitior�e�r shall apply for and receive the appropriate City car s,�1es license. � 19. There �iall be no test driving of cars in the adjacent resi ntial neighbarhoods. iTPON OICE VOTE, ALL VOTING AYE, VICE-CHAYRPERSON RONDRICR DEC D THE MOTION CARRIED IINANIMOIISLY. s. McPherson stated this request would be considered by the City Council on July 22 . 3 . (Tabled from 6119/96 meeting) PUBLIC HEARING: C4NSIDERATION OF A SPECIAL USE PERMIT, SP #96-12 , BY DAT TRAN: Per Section 205. 07. O1.C. (1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. MOTION by Mr. Oquist, seconded by Ms. Modig, to remove the request from the table. IIPON A VOICL VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING RE-OPENED AT 8:25 P.M. Ms. McPherson stated this request was tabled at the last meeting. The petitioner is requesting to construct a second accessory structure in the rear yard measuring 24 feet x 26 feet. An existing 20 foot x 22 foot two-car garage already is located on the property. At the last meeting, staff recommended denial due to the number of access points. Discussion centered around whether the petitioner would remove the hard surface parking area .� ,• . PLANNING COMMISSION MEETING, JOLY 10, 1996 PAGE 10 to reduce the access points to two. It was left that the petitioner would contact staff as to whether the family was willing to pursue that recommendation. Staff did not hear from the petitioner prior to the report being sent out. As staff understands, there is no change. Staff, therefore, is again recommending denial of the request. Mr. Tran stated he has discussed the isst�e with his family. If necessary, they will remove the other driveway so they can construct the garage. Ms. McPherson stated the Planning Commission could approve the request with a stipulation requiring that the first hard surface drive be removed. Mr. Sielaff asked if the first garage would stay. Mr. Tran stated yes. Ms. McPherson stated there are no curbs on that portion of the property. Mr. Kondrick stated they would recommend the p�titioner remove the asphalt and then sod or seed. They will have a�cess to the garage and a new driveway to a new garage located at the rear of the property. Ms. Modig stated the property curren�ly has six cars. If the petitioner removes the hard surface area, will the cars be parked in the new driveway. Ms. McPherson states yes. No cars will be parked on the street. The ordinance requires vehicles to be parked on a hard surface. MOTION by Ms. Saba, seconded by Mr. Sielaff, to close the public hearing. IIPON A VOICL VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 8:31 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #96-12, by Dat Tran, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. , with the following stipulation: 1. The existing hard surface driveway shall be removed and the area shall be sodded or seeded. ` i � PLANNING COMMISSION MEETING, JULY 10, 1996 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, VICL-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this request would be reviewed by the City Council on July 22. 4. REVIEW AND APPROVAL OF THE HOUSING ACTION PLAN Ms. McPherson stated the Livable Communities Act is set forth by the state. As part of that, the City must come up with a Housing Action Plan which is an inventory of what the City has, where it is located, what type of population is being served, etc. The City hired a consultant to prepare an Action Plan along with a number of maps. Ms. McPherson reviewed the maps and the information represented. Mr. Saba asked how affordability was determined. Ms. McPherson stated affordability is hased on paying 30% or less of your income for housing. Mr. Saba stated he would like to see �he housing stock improved to a higher level. Mr. Sielaff asked if there was some significance in determining the number of affordable homes in the City. Ms. McPherson stated it is important because the City is part of being in the Livable Communities Act. There are certain requirements that need to be met in order to participate in the funding that is available. Ms. McPherson stated the City has a number of programs in place to assist people to maintain and upgrade their homes. The next step as part of the housing plan update is to look at areas where we might go in and do,�'redevelopment. We could also look at remaining commercial�'and industrial properties and possibly consider rezoning t�fiem to residential. These are the next steps which are to ider��ify those projects to upgrade and provide more choices in new �l,iousing possibilities and still maintain affordabi�ity. The benchmarks are set to try to have a balance between affo�ability, lifecycle housing, etc. �' The Human,h�esources Commission reviewed the maps and the plan. Their cominents are incorporated into the draft. Unless the there are an major objections, staff would like the Planning Commi sion to recommend approval to the HRA and the City Council. Mr Saba stated he could not see providing more multi-family 3-4 droom units. .t THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22, 1996 The Regular Meeting of the Fridley City Council was called to or r by Mayor Nee at 7: 56 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoma Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY , 1996: MOTION by Councilwom Jorgenson to approve the minutes as presented. Seconde y Councilman Schneider. Upon a voice vote, all voting aye, Ma r Nee declared the moticn carried unanimously. APPROVAL OF PR OSED CONSENT AGENDA: NEW BUSINE l . R� EIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF LY 10, 1996: RECEIVED THE MINUTES OF THE. PLANNING COMMISSION MEETING OF JULY 10, 1996. 2. SPECIAL USE PERMIT, SP #96-12, BY DAT TRAN, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERAI�LY LOCATED AT 7300 EAST RIVER ROAD N.E. (WARD 3) : Mr. Burns, City Manager, stated that this is a request for a special use permit to allow construction of a 24 foot by 24 by 26 foot second accessory structure. Staff originally recommended denial due to the age and non-conforming status of the main structure. The petitioner, however, agreed to remove the hard surface adjacent to the existing garage, leaving only one driveway. Therefore, approval is recommended. GRANTED SPECIAL USE PERMIT, SP #96-12, WITH THE STIPULATION THAT THE PETITIONER SHALL REMOVE THE HARD SURFACE PARKING AREA ADJACENT TO THE DWELLING UNIT AND THIS AREA SHALL BE RE-SODDED OR SEEDED. s < FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 2 3. APPROVE COMPREHENSIVE SIGN PLAN FOR THE GYM, LOCA D AT 6525 UNIVERSITY AVENUE N.E. (WARD 1) : Mr. Burns, City Manager, stated that with th addition of a third tenant to this property, the co requires the submission of a comprehensive sign plan. The proposed new sign is to be a four foot by eight foot in ernally lit cabinet sign. The total square footage of sign e complies with the ordinance requirements for wall signage and staff recommends approval. APPROVED THE COMPREHENSIVE SIGN LAN FOR THE GYM, 6525 LJNIVERSITY AVENCTE N.E. 4 . FIRST READING OF AN ORDINANCE O REPEAL ORDINANCE N0. 1062 PERTAINING TO VACATION OF A RAINAGE AND UTILITY EASEMENT (INDUSTRIAL EQUITIES, 73RD AVE UE AND NORTHCO DRIVE) (WARD 1) : Mr. Burns, City Manager, s ted that Ordinance No. 1062 was adopted by the Council on anuary 8, 1996 for the vacation of a drainage and utility ea ement on property located near 73rd Avenue. The legal descr'ption contained in the ordinance was prepared by the petiti er's surveyor. It referred to a lot , and block description which was previously assigned to the property. Because t property subsequently was platted, the previous lot and blo k description does not coincide with the description on the orrens certificate. In order to correct the legal descrip 'on, Ordinance No. 1062 must be repealed, and a new ordinan e containing the corrected legal description must be adopted. WAIVED AND ADING AND APPROVED THE ORDINANCE ON FIRST READING. 5. FIRST READI G OF AN ORDINANCE UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CI CODE (INDUSTRIAL EQUITIES, 73RD AVENUE AND NORTHCO DRIVE) ( D 1) : Mr. Bur s, City Manager, stated that this ordinance provides a corre ed legal description of the Industrial Equities ease nt vacation at 73rd Avenue and Northco Drive. WAI D THE READING AND APPROVED THE ORDINANCE ON FIRST RE ING. 6. CEIVE BIDS AND AWARD CONTRACT FOR THE MISSISSIPPI STREET AND HIRD STREET INTERSECTION IMPROVEMENT PROJECT N0. 96-04 (WARD 1) : Mr. Burns, City Manager, stated that bids were opened on June 20. Four bids were received for the Mississippi Street and Third Street intersection improvement. The low bidder was . � C��F FRlDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN Sa4�2• (612)571-3a50• FAX (61?) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 29, 1996 Dat Tran 7300 East River Road N.E. Fridley, MN 55432 Dear Mr. Tran: On July 22, 1996, the Fridley City Council officially approved your request for a special use permit, SP #96-12, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. This special use permit is approve�i contingent upon one stipulation: 1. The petitioner shall remove the hard surface parking area adjacent to the dwelling unit and this area shall be re-sodded or seeded. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you m�ast submit a letter reques:ing an extension at least three weeks prior to #he expiration date. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director cc: Hung-Nguyen✓� Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 12, 1996. � � �...> i c ion taken. �,v�'��'� U w !v�� ogro� l �� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS � SPECIAL USE PERMIT CO�'`�JTY OF ANOKA ) CITY OF FRIDLEY ) In the Matterof: a special use vermit, SP �k96-12 �Wf1@I': Hun� NQuven and Nga Tran The above entitled matter came before the City Council of the City of Fridiey and was heard on the 22nd day of Ju1y , 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 accessory buildings other than the first accessory building, over 240 square feet, on Lot 3, Chesney Acres, generally located at 7300 East River Road N.E. �n- 3o- a � - ��-�oi � � IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with one stipulation. See City Council meeting minutes of July 22, 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 s bscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the,��,�a day of �c,• , 19�. DRAFTED BY: City of Fridley � l . a 6431 Universityl�venue N.E. (/l� � Fridley, MN 55432 William A. Champa, City Clerk � �-`M''` � , .-�`ti'� �.:.,; �'r'�. ,. t�; �� ., `�:, . � - , �. J�::, ; ^`,.��' ,CSEAL} �.,:, �,: � ^l. . ;� ,` ' �,,,' ,,> �i.',,�� , . . ,,r��:l� � — � / �� . ��--�-'�� • THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22 , 1996 The Regular Meeting of the Fridley City Council was called to der by Mayor Nee at 7 : 56 p.m. PLEDGE OF AI.,LEGIANCE: Mayor Nee led the Council and audience in the Pled of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT : Mayor Ivee, Councilwo an Jorgenson, Councilman Billings, Council Schneider and Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY , 1996: MOTION by Councilwom Jorgenson to approve the minutes as presented. Seconded y Councilman Schneider. Upon a voice vote, all voting aye, rlay Nee declare� the motion carried unanimously. APPROVAI, OF PROP ED CONSENT AGENDA: NEW BUSINESS : 1 . RECEI THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUL i0, 1996: CEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JLTLY 10, 19 9 6. 2 . SPECIAL USE PERMIT, SP #96-12, BY DAT TRAN, TO ALLOW ACCESSORY BUILDIIIGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 7300 EAST RIVER ROAD N.E. (WARD 3) : Mr. Burns, City Manaqer, stated that this is a request for a special use permit to allow construction of a 24 foot by 24 by 26 foot second accessory structure. Staff originally recommended denial due to the age and non-conforming status of the main structure. The petitioner, however, agreed to remove the hard surface adjacent to the existing garage, leaving only one driveway. Therefore, approval is recommended. GRANTED SPECIAL USE PERMIT, SP #96-12, WITH THE STIPULATION . THAT THE PETITIONER SHALL REMOVE THE H�RD SURFA�E PARKING �.REA ADJACENT TO THE DWELLING UNIT AND THIS AFtEA SHALL BE RE-SODDED OR SEEDED. .` . ��,�,y ,� �cerur�a copy LJ7ax Llens�flalaase9 ! a�olrimB:i-3 I•g'1 / I��I �p_ ,�-^� � LfMuitl•Co.C.^�c T��*�.� DOCUMENT N0. :'�:%c.vrder �-_._..___..._..__ 12 6 2 3 5 2 . 0 ABSTRACT 1��-_-^�r ��:-�»��:� ��r�� ANOKA COUNTY MINNESOTA cn4c�+�s ay� ��,g -� .. RetoedabllHy Fooe;� ^ �� y I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE �._.k:;�vltion L._F GAC FOR RECORD ON Jp� 31 9 7 �41�� Pf�z� �Sletus ��(!c�l. AND WAS DULY RECORDED. `; � AT 5 : 0 0 PM $19 . 5 0 PAID. � FEES AND TAXES IN THE AMOUNT OF RECEIPTNO. 97007573 EDWARD M.TRESKA ANOKA COUNTY PROPERTYTAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ev �J DEPUTV PFOPERTY TAX ADMINISTRATOR/RECORDER/FEGISTRAR OF 71TLES