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SP94-17 M��� , • CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM � PR PERTY I F RMATI - site plan required for submittal; see attached Address: ��`� �.ph14,�l�c� �I��U L� 1�'�� ��`IZJ� Propei�ty Identification Number(PIN) D o� � Legal description: - a� �,c ��f��f'��►/'/� -,�� /tfS � Lot �-� .� Block TracdAddition Current zoning: ! A�-C����Square footage/acreage �Q �� easo for,spec' 1 use per it: � � Secti of City Code: � �' � , Have you operate b siness 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 Purchasers: Fee Owners must sign this form prior to processing) - , - NAME �r + ; Z !�. �. � � �� . ADDRESS •.1� � ,��� r� % — 0 L �l� � `� _ DAYTIME PHONE � -�j SIGNATURE '-� � DATE l�-_�1�-�-2�-` PETITIONER INFORMATION j'�� � / /' / / 5 NAME / �l�f L. /!!t � l � �i�-I l /���i'L � RESS ��I� � J I ~r 1/' _� � �. � . DAYT'IME PHONE . . `' ��� SIGNATU � r � DATE Fee: $400.00 ' $100.00 fort r� idential2nd accessoiy buildings Permit SP# � '' Receipt#__'�"��3 � Application receive by: Scheduled Planning Commission date: �-'�`������.�`1']�J C-���' _�(�, f�� �� � Scheduled City Council date: y . ..�. n_-.:..s....... ..�..:..... :.... . -�.: rc ...v-..-..� ......._ .._ . ..... . ...: a . ..-.:..... _........ __. . _.. . . . . ._ ,...... .i ..... .� .>.., .a <. . ,� r �a. .. .. . ....... ...- . , . .. . .. ' "_ .. _ .-+....r�... ... . .. . . ,.. : - .. .. . . .. ,. . . .. . ._.. . :k. ..=. ..i_....,.. �,t :R CITY OF FRIDLEY PLl1N RSVZEIf CHSCICLZBT B. Site Plan: Applicants for vacationa muat submit the leqal description of the parcel (easement, street, atc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other desiqn professional, to floor elevations include the following: A. General: Z• Gradinq and drainaqe plan ahowing existing natural � features (topography, wetlands, vegetation, etc.) as well as proposed qrade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Legal description (certificate o! survey may be required) 3. All existing and proposed points of eqreas/ingress 3. Name, addreas, and telephone number of applicaht, showinq widths of property lines, turning iadii abuttinq engineer, and owner of record rights-of-way with indicated center line, paving width, existinq and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency access (if necessary), public and private atreets, alleys, sidewalka, bike paths, direction of 6. Exiatinq zoninq and land use trafPic flow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscapinq Plan (i) Size of parcel in sq. ft. 6. Location, access, and ecreening detail of trash enclosures (ii) Gross floor area of buildings 7. Location and screening detail of rooftop equipment (iii) Percent oP site covered by building e. Building elevations from ell directions (iv) Percent of site covered by impervious surface 9. Utility pian identifyinq eize and direction of existing (v) Percent of site covered by qreen area water and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parkinq spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories � - � i � , ti �. t City of Fridley PUBLIC HEARINCa BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing ot the Fridley Planning Commission at ihe Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, November 30, 1994 at 7:30 p.m.tor the purpose of: Consideration of a Special Use Permit, SP N94-17,by Michael and Julie Heller,per Section 205.24.04 of the Fridley City Code, to allow construction ot a kitchen expansion aad repair oi an existing dwelling in the tlood fringe district,on Lots 22.23, and 24, Block P.Riverview Heights,generally locat- ed at 6245 Riverview Terrace N.E. Hearing impaired persons ptanning to atlend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than November 23,1994. 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 Fridley Commu�ity Development Department at , 572-3592. DAVID NEWMAN � CHAIR PLANNING COMMISSION (November 15, 22, 1994) Fridley 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 Wednesday, November 30, 1994 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #94-17, by Michael and Julie Heller, per Section 205.24. 04 of the Fridley City Code, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. 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 November 23, 1994 . 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 Fridley Community Development Department at 572-3592 . DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: November 15, 1994 November 22, 1994 SP ��94-17 Michael & Julie Heller City of Coon Rapids � � ) � ��m) ��� '615 � � ��1 5µ� � n ) �i�� ��� I n�i 1 . � ��� ��� g� 600 c { ) (�J ��� ��j 570 , �mba1� 5�,��e� ,�;, �s�} � � ��'� � , , �, c�s � �o + , � s � � �l 4) ��� \ � �m ) ,� � � n (�1 � 651 ��� � s� �• �tt�� (�u) r � t w I+� �88g� t�� cn��� � ;�� i��� ,a ' ,\ S�,zee soo � � 3 , ` �s�s�� �e �+�� �, � 1� ��� s�s �° �u�) �u�� � 64g � 1�e�le S� �' � �u�, s�5 c�, c�', �� �. c�+� �+�� � �n � � � ��7� ��'� c� c K p3 c � i� � �1 t ► �d � (u�1 �d m) � ���� � � � � � � �� �pt5� t � �OD��� �`"� �,�� �soo� � � � ,� v. � � .�' 664 l+n I L I �"� ��"�'� � 615 � �8155 N O.a�pU S " 6� � �'�� � u) � � t 1 �a�i) (�) 61 � t�"f ��� � ��� � ( � � �'� �7 �l �� �5 6151 ��� 669 �� ��) l � 1 (�+f �y,.�p�, ��y l �1 ��� � 0 ,�v_ ��� � �) w ) 4�� �1 j � l l �0 �. �u �6ll �u p � ��o� c � � c 670 � ��� c+�� t � �� �n�� �74 l�' (� � (t77 � �n�) t � (�) (t7J) �R/) � i21{� �� �� � H sw t�l � l l= ! f f t�l � (�) � � � ��� ��� � ��� �) � 1 `" ' `'"' N 11P LOCATION MAP �� �4-17 Mailing List Mailed: 10/27/94 Michael and Julie Heller Michael & Julie Heller John Kennedy Igor and Robin Woyno 8245 Riverview Terr. NE 8199 Riverview Terr. NE 8181 Riverview Terr. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Spadgenske/Dreyer David Hagemeister Thomas & Karen Zemlin 670 Ironton Street NE 6608 Quebec North 690 Ironton Street NE Fridley, MN 55432 Minneapolis, MN 55428 Fridley, MN 55432 Robert and Jane Dirkes Thomas Brandl Dennis & Eloise Roelke 680 Ironton Street NE 664 Ironton Street NE 8215 Riverview Terr. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Kathleen Larson Marie Gable Mary Kociemba 677 Ironton Street NE 671 Ironton Street NE 665 Ironton Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David & Jean Wudinich Chris & Carol Milner Robert Mikulak 647 Ironton Street NE 633 Ironton Street NE 8241 Riverview Terr. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Thomas Shupien Arlene Andrea Rudolph & Carol Kalan 680 Janesville Street NE 670 Janesville Street NE 654 Janesville St. N:E Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Eleanor Hanson David & Rita Williams Donald Olson 648 Janesville Street NE 634 Janesville Street NE 699 Janesville St. N:E Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael & Rita Curtis Richard & Mary Smith Gary & Kathleen Hann:ing 689 Janesville Street NE 8275 Riverview Terr. NE 679 Janesville St. N]E Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Larry and Elaine Harris Current Resident Scott & Tamara Rosel:ius 651 Janesville Street NE 641 Janesville Street NE 631 Janesville St. NL Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � � Ronald & Shirley Watson Stanley & Patricia Barone Suzanne Egan 8295 Riverview Terr. NE 686 Kimball Street NE 676 Kimball Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Paul Westby John & Hassman Hinnekamp Lavonne Broberg 666 Kimball Street NE 656 Kimball Street NE 646 Kimball Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Steven & Judy Luppino Leonard & Clynell Moore Current Resident 634 Kimball Street NE 8301 Riverview Terr. NE 735 Kimball Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Daniel and Joanne Fay Russell Tenney Dennis & Veronica Hamre 729 Kimball Street NE 725 Kimball Street NE 655 Kimball Street NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Kociemba David Newman City Council Members 635 Kimball Street NE Planning Comm. Chair Fridley, MN 55432 7635 Alden Way NE Fridley, MN 55432 LOT SURVEYS COMPANY LAND SURVEYORS RAYMOND A.PRASCH REGIS'IERED UNUER LAWS OF STATE OF MINNESOTA MINN. REG. N0. 6743 560-3093 FAX 560-3522 7601 -73rd Ave.No. Minneapolis,Minnesota 55428 December 16, 1994 To wham this may concern: This is to certify that an Octaber 20, iJ94, we checked the flo�r elevatian on the residenc� at 8245 Riverview Terrace, City of Fridley, Arioka Gaunty, Mirtinesata. We firrd the kitcherr and breezeway floar elevation ta be 829. 60 feet tN. G. V. D. 29 Ad j. ) 1 ,��-�" � � ���'�!�--..,. Signed. ---- - -------- --- ------------- Raym d A. P�rasch, Minn. Reg. No. 674:3 _ � I CI,IYOF ' CITY OF FRIDLEY FRIDLEY COMMISSION APPLICATION REVIEW File Number File Date Meeting Date 61 10/25/94 11/30/94 File Description: Special Use Permit, SP ��94-17, by Michael Heller, to allow construction in the flood fringe district at 8245 Riverview Terrace N.E. Complete Review Checklist; Return to The Community Development Department *** comments ** �7' _, � . Barbara Dacy �t/ l �-- Y� � Scott Hickok j - �[(�G(� �c�ti 2�C� � � /1'jt�N t� �,i9��� ��c.��� �.5�.�2.1� Cl��s�5 L.��� '��Ot��.� �✓'�7�'S Michele McPherson � Scott Erickson � � �� / „S /�jt,%%La.� ('� Cs�� �''�i�U� �lJ�il'/�/,.� ' ��fZ /r✓'�''t c.� John Flora /� � � �t„t�''�E. a.�.�t r t '.,',:`'c+ � LL��,J C{4-'����L�t. . �� '�-� � y o�— John Palacio l ���1�d ��� ¢ �� ��G1 �- ��� ���� � ��" ! ���. Clyde Moravetz ��� Leon Madsen ��/? ���� Dave Sallman `��`�' 1 a �� � Dick Larson ��� ll -`f SP ��94-17 Michael & Julie Heller � �} �� t �rn ' � 1 � � ' � � g� i � � , �.� � � , ! � �� � �� ■ � �� � O� \ r � � � THOMPSON� RiVERV/EW �� , NE/GNTS O `� � I`� ` (A � i D � , ; , , , �. , i z z 23 za z z S `, P � Aon � � � IRONTON REET ; . I� � I2s �� UI � H R � 3 p o � ,. Q � SPRi �' 6 S , z � ` / I BR�O� � `~ . �' � W � R � , a � � ; ,, � : , �)( {��t Y'. � � I N ; B ,�' . + 'S � , �'�� ' � T +g , � i G L E N C 0 � i + �« + + 3 6 � � ��`'- ti���F� E PARK s � � s z � �f�� ,� � � R i� cc r � � � •� �i > + 4 � � � �. . + , I�� , �� � , � y �� � E . , � � , , . � , Ks + �+ '� " _� �� �� ��^ t° _-` � __� ;, ��,r --�------- -- ° �'- �� � � ' ` ML•c .\4 �� r �� � ♦`T"F S �!� 1 \ 1� (/ �t+� � E�r ciR. � . ELY------- 1 � ' . o� 9 � � � '/� �� /r��b } �� \ ' : , i ; ti _ ., � 4 P 0 +� ? 3 ; � ��,r- � � LI BERTY � ---�\� --'�", _ .,�-_ r x '��'>> 4�'�` � _.i�J 'I —y ��.� � ,, � � �� �, ._ � . � t, ,.,-��.� -�_:__—. ._.___._._ �_...,_r�1 ,� L 0 N G F t_L 0 U"�� � � _ r ..� �� ..:,�, � ;; � � i 4 '� V � AU 1 I � _ _ � L I -�\\:�.d • �� ' � ' ' � ,�� � , :r.�!.��,w�-::; . , . . �n'�E.�t�, :'��"`�R�.�:� _. � '� ' DISTRICT LEGEND R� V E R y �,�W ��� p-� ONE FAMILY DWG'S � M-1 LIGMT INDUSTRIAL ❑ � � R-2 TWO FPMILY DWG'S � M-1 HEAVV INDUSTRIAL � hEIGH 75 ��' o iR-J GEN. MULTIPLE DWG'S L(� PUD PLANNED UNIT DEV. �, R-C MOBILE MOME PARK L' S-1 NYDE PANK NEIGHBORMOOD ❑ P PU6LIC FACILITIES � �❑7 5-2 REDEVELOPMENT DISTRICT � C-1 LOCAL BUSINESS '--1 O-1 CPEEK 8 PIVER PRESERVATION � C-] GENFR�L dUS�NESS � O-2 CRITICAL AREA C� . C-:1 GENERAL $IIOFPINC i�Y C-N1 GENERAL OFFIC:E ,_.. VACATED STRF.ET$ �'� �..�.�.'�...:�. 11Q ZQNING MAP SP �694-17 Michael & Julie Heller ,J f. � � � I� � -,-,dawi�+ 133 a 1�—� '' C=F � 0 3��ins3Nd r 13 �.101NOa 1 — 133a15 � A � p�nH 133 b�-S � � ` '�`�' � 30�N3-1`J �� v> � ����` m � ��' � ais , � � � i33 � ; A < � �', � m �- o �$� ����,�„� } x ,� ^F, � �.-i waid� ,�J; � � 13 m� NI-i 133 a 15 1\ 1T1 +' •ll3 � �"t� �� t�`�; `ax�,'l� �. ,� �F`��; G ea t'~"" _----- � �'� ���� � � N �� . �� ,�t11S � � '' �� , � ��� �. �____....- `lh��µ� S � �' Z '� ` :,�. �', �.� 1�_r . ;. ..����� � ,� �ZS � �C _ N ��___ `(,"r t� . .�a .,,����� �,.-. —O �-- ,—�� . �'�' a'.;' .rn� Z � r �r !m � ���r.� � ,�� � p 7;: ; G __-__ �- -- � 2��,� �. - ----�� ___-_'�--�J- --�_ �� � � �. c���� A � z � �1:, �� � � . �'��a��� � � �`�. � ;�� ���n. W ����,� .�� �.��;�- � r,: . �� .. _._.... ��,. , �;..��� �. { A � �' � �§ ah��a,�✓ �;� x �'d �� +�"�n �' � � �.^ ..y� 7 � f S 22���� __�.�___.. .. _ __n_. . �\ � 11s FLOOD ZONE MI�►i� SP ��94-17 Michael & Julie Heller � o R,EGISTERED UNDER LAWS OF STATE OF MINNESOTA � � 7601-73rd Avenue North 560-3093 -� Minneapolis,Minnesota 55428 � • �, l3urup�ur� �pr#ifir�r � 0 � � � �� � � � � ° � � S�;/L � — �24. g-q- �-�- �`G-, �%¢.� � I � ' � . '� I � -�� 0 , N J -, � Ui ' , `` �, , N : ;.� O j �( � ' : � � 1' �' _� _ I �J � m ---- -- �� =t i p m� � _ :$ 3�,� � 0 �i ;� � �, -�- � F��o�" C��V• t, � d� f I -- _- - 0 = Bz�.L a= �� E ?_ � cv — � z�.o � " 3.� �0 8za-s � � I n ;' �° o HOUSE ARAG� -,��_ (�{ � �. rn m�,�,- _.`_ p ( � ( � � ,.T ,o a 1 I ' � ---...� _ _ `,. _i . � dl m� I � I — �; _ i io.s ADDITION �� z2,o — . ��• 13. _- _j°i,�'- ' -- /3 Z,S o - - J AN c5��1 � LL � S i � � � � N.�. Lots 22, 23, and 24; Block P, P.IVERYIEW HEIGHTS P.DDITION T N Because of the three season porch location in relation to the river and flood fringe area, clianging its use to year round residential living space requires a special use permit. 11R SITE PLAN �rne--;:-: _ .. :.�cxi ��— �� ��" � .... N.M.CVnivcn .�� rfi,. .. � � � G. .w.l ...lc<�- �. �„ � � � .... SEC.3 . _ � .. -.: . �_- �-- ----T,� �' -�.�ca� - - ' � .��- -,rnc, v�. � °�� 3 • �` �� *'� �, �M M� REVISED AUDI� �'Z Qv �0 QQ � �:.. ; . _ �" O �. • . p 3 �, ; J ��, ��� O I� � G./y f � NN:� �F ;0 y� �� ,v.v% �/., o/J� . ,.�i's._ :•(n (-) !n C+) t:*���i 0 th ` . �,�o.� �;. a �; ��t Q'h ..,.� ��. !-- " _„,,,,•_" � �� r«�y N�� FQ e � Q 2 3 • '�'��� - 3�s) lr7 -� ,,, .�� 4 3 2 �l �3 ������ Z ;'�?�/+'n, I /M `�a� � � � '�� :>ir� t. 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SEC.S �-c�;�.� � . �� ,1 �Vh" � `. �� � ' � i( �' � t 76 y.�','� .FA�R���'( .�« "� � ;�� ��r� ,vr'�V'�'��.��� x � �,Y, ` ., ,.g� z �i 24 --� ^� '„`�- ` _ Z�� � � •' °'1 �� �+——� �' � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 CALL TO ORDER• , Vice-Chairperson Kondrick called the November 30, 1994 Planning Commission meeting to order at 7 : 34 p.m. ROLL CALL• Members Present: Dave Kondrick, LeRoy Oqui t, Diane Savage, Brad Sielaff, Dean Saba, nnie Modig Members Absent: Dave Newman Others Present: Scott Hickok, Plann' g Coordinator Michelle McPherson Planning Assistant Sandra O'Reilly, 828 llth Avenue South, Minneapoli , Minnesota Michael Heller, 8245 Riverview Terrace John O'Reill , Plunkett's Pest Control John Ryden, . B. Commercial Sites, 7760 France Aven South, Bloomington, Minnesota APPROVAL OF NOVEMBE� 2 199 PLANNING COMMISSION MINUTES: MOTION by , seconded by , o approve the November 2 , 1994 , Planning Commission minutes as w itten. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTIO CARRIED UNANIMOUSLY. APPROVAL OF AGEN A: Mr. Kondrick equested the addition of Discussion of 1995 Meeting Dates. Mr. Saba quested the addition of Discussion of Springbrook Nature Center. MOTIO by Mr. Saba, seconded by Mr. Oquist, to accept the agenda as ame ed. U ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK ECLARED THE MOTION CARRIED UNANIMOUSLY. , l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-17 , BY MICHAEL AND JULIE HELLER: Per Section 205 . 24. 04 of the Fridley City Code, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22 , 23, and 24 , � �� PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 2 Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7 : 37 P.M. Ms. McPherson stated the Special Use Permit request is to allow construction and/or repair of a dwelling located in the Flood Fringe (CRP-2) District. The request is addressed as 8245 Riverview Terrace N.E. and is located at the intersection of Janesville Street and Riverview Terrace. The property is located west of East River Road in the northwest corner of the City. The property is zoned R-1, Single Family Dwelling, and is located within the flood fringe area as defined by the zoning code. The petitioners have completed a number of repairs on the walls and foundation of the breezeway portion of the dwelling without obtaining a building permit. Once the petitioner was informed that a building permit was necessary to complete the repairs, it was also discovered that a special use permit and a variance were also required. The variance was necessary to reduce the side corner setback from 17 . 5 feet to 15. 1 feet on the Janesville side of the property. The Appeals Commission approved the variance request. Ms. McPherson stated, according to the zoning map, the parcel is just within the boundaries of the flood fringe district. The requirements of this district require that the elevation of a home be a minimum of one foot above the 100-year flood elevation. According to the survey submitted by the petitioner, the first floor elevation of the dwelling unit is at 829 . 6 feet which is above the 100-year elevation of 824. 3 feet. The petitioner is required by ordinance to submit an elevation certificate to verify the first floor elevation. In addition to the elevation certificate, the City typically requires petitioners of special use permits in the flood fringe district to execute a hold harmless agreement which releases the City from liability from issuing a special use permit. Also requested by the Engineering Department is a 15-foot flood control , street and utility easement along the west property line. This is being requested to allow the re- construction and improvement of Riverview Terrace as a flood control device. Ms. McPherson stated the request complies with the requirements of the flood fringe district. Staff recommends approval with the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. r' � PLANNING COMMISSION MEETING. NOVEMBER 30, 1994 PAGE 3 2 . The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3 . The petitioner shall grant a 15-foot flood control, street and utility easement along the west property line. Mr. Sielaff asked when the improvements were made and how the petitioner found out about it. Ms. McPherson stated the improvements were made earlier this summer. The City found out about it when a contract inspector working in the neighborhood noticed work being done. Mr. Sielaff asked if there was a policy for those who do not obtain a permit beforehand. Ms. McPherson stated the City is allowed to add additional fees if people do work with a permit; however, the City has typically has not enacted this policy especially if the owner is diligent about meeting the required permits. Such was the case in this instance. Mr. Heller stated he had no additional comments. He has talked with staff and Mr. Flora about the street and the future plans for the street. He questioned why they needed more property from them for the easement. He said they are going to move the street further east to their property line. Mr. Kondrick asked staff if this was the case. Mr. Hickok suggested the petitioner contact the Engineering Department if he wanted additional information. The information presented is consistent with what is being done with all properties. Mr. Kondrick asked the petitioner if he had any problems with the stipulations. Mr. Heller stated he had no problems with the stipulations. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7 :43 P.M. Mr. Kondrick stated he drove by the property and he had no problems with the work being done. The Commission members concurred. � � PLANNING COMMISSION MEETING, NOVEMBER 30, 1994 PAGE 4 MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #94-17, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22 , 23, and 24 , Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. , with the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 2 . The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3 . The petitioner shall grant a 15-foot flood control, street and utility easement along the west property line. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request on December 19. 2 . CONSIDERATION OF A LOT SPLIT, L.S. #94-07, BY PLUNKETT'S PEST CONTROL• To redefine Lots 1 and 2 , Block 10, Great Northern Indu�trial Center by moving the joint property line 39 feet east` of its current location. The legal descriptions for t�` two lots will be as follows: ,,/ , � Parcel A: Lot 2 and the West 39 feet f Lot l, Block 10, Great Northern Industrial Center- idley, according to the recorded plat thereof, Anok County, Minnesota. Parcel B: Outlot JJ, Outlo 'II, and that part of Lot 1, Block 10, lying east of e West 39 feet thereof, Great Northern Industrial C ter-Fridley, according to the recorded plat thereo , Anoka County, Minnesota. This property is gene lly located south of 52nd Way and west of the Burlington rthern railroad tracks. Mr. Hickok stated kie request is for a reconfiguration of two existing lots with' the Great Northern Industrial Park development area. Plunkett' Pest Control is interested in a site east of Industrial Bo evard and south of 52nd Way. The original development as platted in 1968. As a stipulation of the developmen , two-acre minimum lot sizes were required. Over the course o time, properties have developed surrounding this lot and result in a lot less than two acres or 1. 69 acres. Plunkett's Pest ontrol happened upon this as they prepared to develop the site. They are proposing a 12 , 000 square foot building, 30 parking � Community Development Department � Pr�aivrnNG D�SION City of Fridley DATE: December 15, 1994 � TO: William Burns, City Manager ��! FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-17, by Michael and Julie Heller; 8245 Riverview Terrace N.E. The Planning Commission reviewed the special use permit request to allow reconstruction of a dwelling in the flood fringe district at its November 30, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with three stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 2 . The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3 . The petitioner shall grant a 15 foot flood control, street, and utility easement along the west property line. The petitioner has already executed the hold harmless agreement and easement documents. If approved, the City would then record those executed documents against the property. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. MM/dw M-94-737 11M FRIDLEY CITY COUNCIL MEETING DECEMBER 19 1994 PAGE 8 Mr. Herrick suggested at Mr. Johnson check with their attorney regarding his opini relative to cancellation of the purchase agreement. He ated that perhaps the closing date could be extended for additional day. 11. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEr1BER 30, 1994 : A. SPECIAL USE PERMIT REQUEST, SP #94-17 , BY MICHAEL AND JULIE HELLER TO ALLOW CONSTRUCTION OF A KITCHEN EXPANSION AND REPAIR OF AN EXISTING DWELLING IN THE FLOOD FRINGE DISTRICT, GENERALLY LOCATED AT 8245 RIVERVIEW TERRACE N.E. �WARD 3) : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a kitchen expansion and the repair of an existing dwelling in the flood fringe district. He stated that the Planning Commission recommended approval of this request with three stipulations, which he outlined. He stated that a variance was also necessary to reduce the side corner setback from 17. 5 feet to 15. 1 feet, and this was approved by the Appeals ._Commission. MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP #94-17, with the following stipulations: (1) the petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the b.reezeway; (2) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability; and (3) the petitioner shall grant a 15 foot flood control, street and utility easement along the west property line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 102-1994 APPROVING A SUBDIVISION LOT LIT L. S. 94-07 TO REDEFINE LOTS 1 AND 2 BLOC 0 GREAT NORTHERN INDUSTRIAL CENTER BY MOVING THE JOIN ROPERTY LINE 39 FEET EAST OF ITS CURRENT LOCATION PLUNKETT' S PEST CONTROL) (WARD 3) : Mr. Hickok, Planning Coordinator, s ted that this lot split request is not to retain the two 1 configuration, but allow the lots to exceed the two-acre min' m. He stated that the City Code allows a 1-1/2 acre site, but e covenants for the Great Northern Industrial Center require wo-acre site. He stated that this lot split would move the lo ine to the east 39 feet to allow the two lots to exceed the m' imum for the covenants. Mr. Hickok stat that the Planning Commission recommended approval of this lo� it with five stipulations, which he outlined. � MOTION� Councilwoman Jorgenson to adopt Resolution I�o. 102-1994 , with �he following stipulations attached as Exhibit A: ( 1) All FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 7 MOTION by Councilwoman Jorgenson to deny Rezoning Request, ZOA #94-04 . Seconded by Councilman Schneider. Councilwoman Jorgenson stated that she did not object to the use of the property as proposed by the petitioner, Ceres Environmental. She stated that, however, once the rezoning is approved', it would allow a more intense use of the property possibly at, some future date. She stated that this is her main objection to. "the rezoning. She stated that she would welcome Ceres Environmental into the community but not at this particular location. Mayor Nee asked if there was any other M-3 pr�perty available in the City. Ms. Dacy, Community Development Director, �'stated that there is a vacant parcel north of Park Construction,,�'which is probably about five or six acres in size. �' Councilman Schneider stated that he ,�is concerned that this, in effect, would be a spot rezoning. ,��Ie stated that while the use proposed by Ceres Environmental is ;,�elatively benign, this may not always be the case. He stated tYiat .he would encourage staff to work with the petitioner to det�rmine if there is other property available in the City for their�business. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson and Councilman Schneider vo�ed in favor of the motion. Mayor Nee and Councilman Billings Voted against the motion. Mayor Nee declared the motion faile.d. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the eight stipulations as outlined by staff. Seconded by Councilman Schneider. MOTION by Councilman Billings to table this item to the January 9, 1995 meeting when all Councilmembers are present. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that the rezoning requires four affirmative votes and regardless of when the vote is taken, it appears that the rezoning will fail . Mr. Herrick, City Attorney, stated that another possibility would be to review the petitioner' s plans and determine if they could be accomplished under the present zoning. Mr. Steve Johnson, representing Ceres Environmental, stated that sta,ff said M-3 zoning would be more appropriate. He stated that they were to close on this property on January 9 , 1995, and this date will not be extended without forfeiting their deposit. _ _ C���F FR!DLEY FRIDLEY MUNICfPAL CENTER •6-i31 UNI�'ERSITY AVE. N.E. FR[DLEY, MN 5543? • (61'_)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 20, 1994 Michael Heller 8245 Riverview Terrace N.E. Fridley, MN 55432 Dear Mr. Heller: On December 19, 1994, the Fridley City Council officially approved your request for a Special Use Permit, SP #94-17, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. Approval of the special use permit is contingent upon the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 2 . The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3 . The petitioner shall grant a 15 foot flood control, street, and utility easement along the west property line. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by January 3, 1995. Concur with action taken. STAT�-C MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) In the Matter of: a special use permit, SP ��94-17 Owrier: Michael Heller The above entitled matter came before the City Council of the City of Fridley and was heard on the 19th day of December , 19 94 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district on Lots 22, 23, and 24, Block P, River View Heights, generally located at 8245 Riverview Terrace N.E. T b�-30 -a y -i y�oo a a �� IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with three stipulations . See City Council meeting minutes of December 19, 1994. 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 Fridle �, Minnesota, in the County of Anoka on the IC,TN day of _ti , 19 �'_�. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, NIN 55432 �; �l, � , William A. Champa, City lerk ' ,'' � � ,, �, :- • � �(s���j `;,. . �; ,. ,;-� � ; _ ��; :, _, t . . �� ,•,, .•,,.- .� .� ., .� .. .1�`. ' .. . ..—. �' o • ' - � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19 , 1994 PAGE 8 Mr. Herrick suggested that Mr. John check with their attorney regarding his opinion relative cancellation of the purchase agreement. He stated that rhaps the closing date could be extended for an additional y� � 11 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 30 , 1994 : A. SPECIAL USE PERMIT REQUEST, SP #94-17 , BY MICHAEL AND JULIE HELLER TO ALLOW CONSTRUCTION OF A KITCHEN EXPANSION AND REPAIR OF AN EXISTING DWELLING IN THE FLOOD FRINGE DISTRICT GENERALLY LOCATED AT 8245 RIVERVIEW TERRACE N. E. (WARD 3) : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a kitchen expansion and the repair of an existing dwelling in the flood fringe district. He stated that the Planning Commission recommended ' approval of this request with three stipulations, which he outlined. He stated that a variance was also necessary to reduce the side corner setback from 17 . 5 feet to 15. 1 feet, and this was approved by the._ Appeals Commission. _ MOTION by Councilwoman Jorgenson to grant Special Use Permit, � SP #94-17 , with the following stipulations: (1) the petitioner shall submit an elevation certificate verifying the first floor _ elevation of the dwelling and the breezeway; (2) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability; and (3) the petitioner shall grant a 15 foot flood control , street and utility easement along the west property line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 102-1994 APPROVING A SUBDIVISION LOT PLIT L. S. 94-07 TO REDEFINE LOTS 1 AND 2 BLOCK 0 GREAT NORTHERN INDUSTRIAL CENTER BY MOVING THE JOINT OPERTY LINE 39 FEET EAST OF ITS CURRENT LOCATION BY LUNKETT'S PEST CONTROL) {WARD 3) : Mr. Hickok, Planning Coordinator, stat that this lot split request is not to retain the two lot c figuration, but allow the lots to exceed the two-acre minimum/ He stated that the City Code allows a 1-1/2 acre site, but the 1z'ovenants for the Great Northern Industrial Center require a two- 'cre site. He stated that this lot split would move the lot lin o the east 39 feet to allow the two lots to exceed the minimu for the covenants. Mr. Hickok stated tha the Planning Commission recommended approval of this lot split th five stipulations, which he outlined. MOTION by Cou ilwoman Jorgenson to adopt Resolution No. 102-1994 , with the f owing stipulations attached as Exhibit A: ( 1) All � - .. � f,.�..�_ �BSl::AC7 �--s -� � Receipt # � C� ' ❑ Certiffec Copy Date Time: � I �—�-'��-�— ❑ Tax I.ier.s?Re!cases DOCUMENTNO. 1230357 . 0 ABSTRACT a �,.�.. Orc�er __._I_..._ of � ❑ Multi•Ca Do: 71,x p.! __ _ . .. ... ...__.... ._...�..--- ' �' �,Y "�:���,;a�;i;,., �j ❑ 7ru�s;e, � ��W ANOKA COUNTY MINNESOTA � ❑ Qesc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Filing Fees: �q � ❑ U;vision ❑ GAC FOR RECORD ON �L 15 9 6 DeEqs: Pins: Def. AT 4 :3 0 PM AND WAS DULY RECORDED. ❑ Status ❑ Spec. 19 . 5 0 FEES AND TAXES IN THE AMOUNT OF $ PAID. RECEIPTNO. 96047060 EDWARD M.TRESKA ANOKA COUNIY PROPERTV TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES AJH sv DEPUTV PROPERTV TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TI TLES � '' l�17�y ��G�� AGREEMENT .� fi7� This Agreement, dated this G,�_ day of j�,Q,�C'�.� , 1995, by and between Michael Heller and Julie Heller, husband and wife (hereinafter referred to as "owner") , and the City of Fridley (hereinafter referred to as "the City") . WHEREAS, the owners own residential real estate in the City located at 8245 Riverview Terrace N.E. and legally described as follows: Lots 22, 23, and 24, Block P, Riverview Heights. WHEREAS, said property is located within the CRP-2 Floocl Fringe district; and WHEREAS, the owners are interested in reconstructing a portion of the existing dwelling; and WHEREAS, the City has agreed to issue a special use permit allowing the construction upon certain conditions. NOW, THEREFORE, in consideration of granting the special use permit, Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns hereby covenant and agree as follows: 1. Tha� they shall hol� the City harmless far any injuries or damages to property by reason of the reconstruction of the dwelling. 2 . Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns shall defend the City against any and all claims arising as a result of construction within the flood plain. The City may defend and charge the costs of such defense against Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns, and assess such _ Page 2 - Heller Agreement costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 3 . Michael Heller and Julie Heller, husband and wife, their heirs, successors, and assigns agree to promptly pay any sums due under this agreement. The City may pursue judgments to collect the amounts owing under this agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. CITY OF FRIDLEY < By: ; i ; William A. Champa � ' Its City Clerk � ' �> � , � , , � f _ M c ael Heller � � , � � Jtr' e Heller / This Instrument Drafted by: City of Fridley 6431 University Avenue NE Fridley, MN 55432 Page 3 - Heller Agreement STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) jThe foregoin instrument was acknowledged before me this �y �f day of ���,e,Gic/ , 1995, by Michael Heller and Julie Heller, husband and wife. ClYOE V NlORAYETZ � NOTARII PIIBLIC-MqNrESOTA ` ANOKACOUtJTy Not Public t�tr�a�oa 6�ra�ha.a,.u�oo STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) �he forec�o� ins�rument was acknowledged before me this -;���� day of ����-� �f�� , 1995, by William A. Champa, City Clerk of the City of Fridley. -% '�� � -� � ��-f����� '� �' �� , ROBERTA S.COLLINS Notar ubl ic � 4 NOTMY PUBUC-MINNESOTA � ANOKA COUNTY �•.a.��h;y Comm.Exp.Jan.31,2000 DOCUMENTNO. �'1'5H116 . � ABSTR.ACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS F1f,F,�IQ JHIS OFFICE FOR RECORD ON ]KAR 2 7 9 5 �.v �� AT 9 : O O AM A��(VAS D�XREC PAIDD LO U FEES AND TAXES IN THE AMOUNT OF RECEIPT N0. 9 5 0119 71 EDWARD M.TRESKA ANOKA COUNTY PROP�J AX ADMINISTAATOR/RECORDER/REGISTRAR OF TITLES BY DEPUTYPAOPERTY TAXADMINISTRA70R/RECORDER/REGISTRAR OF TI7LES