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:
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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
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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
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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
_
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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
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Scott Hickok j - �[(�G(� �c�ti 2�C� �
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Michele McPherson
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Leon Madsen ��/? ����
Dave Sallman `��`�' 1 a �� �
Dick Larson ��� ll -`f
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Michael & Julie Heller
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'� ' 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 �
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�, 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 $IIOFPINC i�Y
C-N1 GENERAL OFFIC:E ,_.. VACATED STRF.ET$ �'�
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11Q ZQNING MAP
SP �694-17
Michael & Julie Heller
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11s FLOOD ZONE MI�►i�
SP ��94-17
Michael & Julie Heller
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o R,EGISTERED UNDER LAWS OF STATE OF MINNESOTA
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-� Minneapolis,Minnesota 55428
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Lots 22, 23, and 24; Block P, P.IVERYIEW HEIGHTS P.DDITION
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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
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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 ' ,''
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' - � �
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
� - .. �
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� 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.!
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' �' �,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