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SP94-04 ,� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERM�T APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ CJ I�� - S%��r r,�.3y Property Identification Number(PIN) a � � 0�3 � C u -� OI� Legal description: �� S .� � � � 3 z- i..ren., �J � Lot B ock Tract/Addition Current zoning. � Square foota.ge/ reage �/, �3 � ��' ; Reason for special use permit: �.e� �� -�� , 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 FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �� /� O/V ��1�L C�/�-p ADDRESS�� t� / �e L�� ,/��/ �� — � T DAYTIME PHONE �� - �.z 6 v SIGNATURE -,-� DATE � --3��J `� PETITI ER INR RMATI __ NAME � � ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: �400.00 H~~~~�100.00 ~~~�~~for residential2nd accessoiy buildingsHHN~~~~~. �,�,_.,f`�-,-� Permit SP# - �: �� Receipt# �� Application received by: �� `� �� Y..-f=_-�-`�--- Scheduled Planning Commission date: y��,:�.; -t , ; � Scheduled City Council date: �` : � . � � � � � ��t.i.. ' . . .. i � � CITY Ol� FRZDLSY PI.l1N RSVZEIf C8SC1CLZ8T i B. Site Plan: Applicants Por vacations must submit the legal description of the parcel (easement, etreet, etc.) to be vacated. 1. Property line dimensions, location of all existing and i proposed structures with distance from boundaries, Complete site plans, siqned by a reqistered architect, civil distance between structures, buildinq dimensions and engineer, landscape architect, or other design professional, to floor elevations include the followinq: 2. Gradin and draina e � g g plan ahovinq exiatinq natural A. General: features (topography, wetlands, vegetation, etc.) as well � 1. Name and address of project as proposed qrade elevations and aedimentation and storm ! vater retention ponds. Calculations for storm water , detention/retention areas. 2. Leqal description (certificate of survay may be required) 9. All existing and proposed points ot egreas/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning iadii abuttinq enqineer, 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 Y; 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, sidewalks, bike patha, direction of 6. Exietinq zoninq and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and scraeninq detail of trash enclosures (ii) Gross floor area of buildittgs - 7. Location and screeninq detail of rooftop equipment (iii) Percent of site covered by buildinq 8. Building elevations from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifyinq size and direction oP existing (v) Percent of site covered by qreen area water and sewer lines, fire hydrants, distance of hydrant to proposed buildinq (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking •spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories � c;ity ot Fridiey 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, May 4.1994 at 7:30 p.m.tor the purpose of: Consideratbn of a Special Use Permit,SP N94-04, by Gordon Hedlund, per Section 205.24.4.D and 205.24.S.A of the Fridley City Code, to allow construction in the CRP-2 District(Flood fringe)on Lots 29,30,and 31, Block X,Riverview Heights,generally located on the south side ot Cheryl Street west ot Broad Avenue. Hearing impaired persons planning to attend who need an interpreter or other per- sons with dfsabllitles who require auxiliary afds should contact Roberta Coll{ns at 572- 3500 no later than April 27,t994. Any and all persons desiring to be heard st tedbtimeVa�d placePMy questlons eated to this item may be referred to the Fridley Community Development Department at 571- 3450. DAVID NEWMAN CHAI A PLANNING COMMISSION (April 19,26,1994)Fridley Focus News n:.-- -� �_e�.-- 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, May 4, 1994 at 7 : 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #94-04 , by Gordon Hedlund, per Section 205. 24 . 4 .D and 205. 24 . 5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, generally located on the south side of Cheryl Street west of Broad Avenue. 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 April 27, 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 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: April 19, 1994 April 26, 1994 y � F Planning 4/ ]5/94 � 5/20/94 Gordon Hedlund SP �k94-04 MAILING LIST Council 7/6/94 Gordon Hedlund Constance Clark Floyd Bradley�' 1255 Pike Lake Drive 630 Cheryl Street N.E. 620 Dover Street N.E. New Brighton, MN 55112 Fridley, MN 55432 Fridley, MN 55432 Walter Rasmussen Renee McCoy Robert Rutherford 541 - 79th Way N.E. 581 Buffalo Street N.E. 610 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Kevin Holman Anthony Turek Michael LaFave 571 - 79th Way N.E. 611 Buffalo Street N.E. 640 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Bergsagel and Rogness Current Resident�/ David Padilla 16515 - 6th Avenue North 631 Buffalo Stre�t N.E. 670 Dover Street N.E. Plymouth, MN 55447 Fridley, MN 55432 Fridley, MN 55432 Earl Gemmill James Brady Steven Lipa�� 555 - 79th Way N.E. 641 Buffalo Street N.E. 8249 Thomas Avenue North Fridley, MN 55432 Fridley, MN 55432 Minneapolis, NIN 55444 Michael Porter Garland Lagesse Current Resident 600 BuFfalo Street N.E. 7951 Broad Avenue N.E. 7995 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Kohls Current Resident Gerald Kostohryz 640 Cheryl Street N.E. 7919 Broad Avenue N.E. 609 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Bruce Thompson James Bowe Gerald Boots 6212 Hillside Road N.E. 2546 - 3rd Street N.E. 615 Cheryl Street N.E. Minneapolis, MN 55436 Minneapolis, MN 55418 Fridley, MN 55432 Frank Shimek Roger Geis Donald Engebrit 7901 Riverview Terrace N.E. 520 Dover Street N.E. 60 Logan Parkway Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 ' � Current Resident Walter Nelson Kim Hudyman 630 Buffalo Street N.E. 524 Dover Street N.E. 641 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Clark Nason Irvin Lindstrom M. Dwight Just 614 Cheryl Street N.E. 540 Dover Street N.E. 661 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Joel Marquardt Donald Copeland Monte Maher 7921 Riverview Terrace N.E. 7981 Broad Avenue N.E. 7965 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Lindquist James Peterson Janis Lowry 7941 Riverview Terrace N.E. 7995 Broad Avenue N.E. 625 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � � Gordon Hedlund SP ��94-04 Page 2 James Tichy 631 Dover Street N.E. Fridley, MN 55432 Dale Tyson 641 Dover Street N.E. Fridley, MN 55432 Scott Painter 541 Dover Street N.E. Fridley, MN 55432 Timothy Miller 591 Diver Street N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members - - _ C�TY OF FRIDLEY I;RIDLEY MUNICfPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, Mh »�132 • (61?1 571-3�150• FAX (61�) �71-I?K7 April 14 , 1994 Tom Hovey ,. Department of Natural Resources Division of Waters 1200 Warner Road St. Paul, MN 55106 Subject: Special Use Permit Request by Gordon Hedlund for Three Properties Located in the Flood Fringe District Dear Tom: Please review the enclosed grading plans and certificates of survey for three special use permit requests by Gordon Hedlund. These properties are all located in the Flood Fringe District, and will be required to meet the flood plain requirements. The , surveyor has prepared proposed grading plans with spot elevations and proposed first floor elevations which meet the 100 year flood elevation. Please review these plans and respond in writing to the requests by April 26, 1994. If you have any questions about these requests, please contact me at 572-3593 . Thank you for your time. Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-94-106 DI'JR f'IETF'f� F'EI�IDPJ t=:� TEL � f_;1�-;::�`_i:�_� ;:; Hf='�- �f�� :{4 i4 : �'_ f,lii . p`,� P . 01 STATE Of U`J��Q pEPA1�,7MENT C,�F NATURAL RES�t�RCES ,Metro Wa.ters, 1.200 Waxner Rd. , St. Paul, MN �5106��0 PHON�IJO- 7��-791� April 26, i99� Ms. Michele McPrie�son, Planning Assistant City of �'ridley 6431 Univ�rsity Averiu� N.�. Frid].ey, MN 554:3� RE: G4RDQN HED]uUND SP��IAZ+ US� pERMIT, �'zLL IN THE FLObD FRTNGE FOR Y2�STD�2ITIAL �ONSTRCJCTION, CITY OF FRiDT,,EY, ANOKA COUN`Y'Y D�ar Ms. McPhexlaon: Z have reviewed �.he ma�er�als you sent for the 3 lats prdposed �o be f��l�d by G�7rdon H�d�.und fc�r residentia� constructian. The pxaposa� appear's ta be cansistar�t with the city�� floodplain ordinanae. We have no objec�ions to the issuance of �he sp�cial use permits. � Please be �ware that once the f�lY is in and tha ham�s built, the �roperty te�hnically remains in the �loodplain until the map is revised through a Le�ter of Map R�vi.sion (LOMR) �»d the City adapts the r�v�.sed m��p with an a�rdinance amendment. The Ordinan�e amendment '�hen ne�ds DNR approval. The main benefit oF tha LOMR is to remove �ixe flood insur�nae requir�ment £or ��ructur�s built in �h� floodplain 2�nd financed with faderal dol.lars. Thank yau for tt�e opportun�.ty to �omment. Ple2�se fe�l �ree Co call me if you have any �uestians. Sir►aerely, .� � Tom Hovey Axea HydXol gi�.t Post-It'"brand fax transmittal memp 7671 aa+Peya6 . Q�{� From-�--� � ��.,� � �C.T�1.� � 1 s Wl 0 �. �b. , o. D�- .. Dept. Pnone# ��, � FAx#�� / � � Q� Fax N r v AN EQUAI. 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CITY OF FRIDLEY COMMISSION APPLICATION REIVEW ----------- ---------g------------------- File Number File Date Meetin Date ]0 4/8/94 5/4/94 File Description: SP 4�94-04, by Gordon Hedlund, to allow construction in the CRP-2 District (Flood Fringe) , on Lots 29, 30, and 31 , Block X, Riverview Hei�hts �Z� _______________________ ------------------------------------- --------- ------------------------------------------�- --------- Complete Review Checklist and Return To The Community Development Department *** Comments *** (' _ .�% Q.l� - ��-� Barbara D. � 5,� � �e�/�lo,ti- G•s�=rti�s�..-�,� v�►�d.. Michele M. , � }� ,� r°,.r;�;•; � � . � � "" `�,` - �e- �� - , v �-F- tiU� _ scott E. �� `�l'�; �� '��Gt� C�1L�-t.c`� wt, `��tc�' �Z�� . U - _ � , -� ,��;� "'�,<.:1 , :; �t _ -� � � � '� _., ._ John F. � ¢/� � `� v � `� I :, �_ r� � � � �,� �. :.-' .�✓ �;�;, ` , ,. . 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UAM6rz�t.. � ROO�• M 0 D � �1 � D S � C T I O N '�11 E t/�( ONl CH E R Y L �T SCA�E: 1� = ZO', 4•' �ft�PAAED B1f: FRtDLE,Y P[.At�tN�NG STAF� 7•Z�•94 y � PLANNING COMMISSION MEETING MAY 4 1994 PAGE 22 This is an area where the HRA could get involved to develop that peninsula and increase the value of each of the homes by putti four to six homes in that area, and by doing so comprehensive would eliminate the problems generated by piece meal growth. Ms. Brady felt the builder was fighting too many natural lements with this lot. �" i" MOTION by Mr. Saba, seconded by Ms. Savage, to close,�he public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPE ON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HE ING CLOSED AT 9:32 P.M. Mr. Saba stated, once again, there is a c itical question about the drainage that must be answered. Th sanitary sewer question is another question that must also be ddressed regardless of what happens to this property or any ther property. He felt a nice home could be built on the pro erty, but the drainage question must be answered. Mr. Oquist agreed. The draina needs to be addressed. This lot may have more of a problem wi the drainage with the proposed driveway and its slope whic could put a lot of water into the street. Mr. Kondrick stated, if he water concerns can be addressed, he would agree. Mr. Oquist stated a other point was made regarding comprehensive planning in the a a and making sure the homes built are consistent with e rest of the homes. MOTION by Mr. quist, seconded by Mr. Saba, to table consideratio of Special Use Permit, SP #94-03 , to allow constructi in the CRP-2 District (Flood Fringe) on Lots 12 and 13 , Block , Riverview Heights, until submission of a drainage and eros ' on control plan designed, signed, and stamped by a regist ed civil engineer; and until such time staff provide addit ' onal information on the storm sewer and sanitary sewer syst ms. U N A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR CLARED THE MOTION CARRIED UNANIMOUSLY. , 5 . PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-04 , BY GORDON HEDLUND: Per Section 205. 24 .4 . D and 205. 24 . 5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29 , 30, and 31, Block X, Riverview Heights, 12.54 � r PLANNING COMMISSION MEETING MAY 4 1994 PAGE 23 generally located on the south side of Cheryl Street west of Broad Avenue. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:35 P.M. Ms. McPherson stated this property is a vacant lot located at the intersection of Cheryl Street and Broad Avenue. It meets the minimum lot area and lot width requirements and also the setback requirements. The current drainage is such that the drainage flows from south to north towards Cheryl Street where most of the run off is caught by the catch basin located at the northwest corner of the parcel. Once it enters the catch basin, it enters a pipe which flows to Springbrook Creek. It appears that a portion of the water remains on the parcel in both the southwest and southeast corners. Water from the parcel to the west also flows onto the subject parcel. Water from the development would be instead directed to the west and south lot lines. In order to continue the natural drainage pattern the water needs to again go north. Staff is requesting that well defined drainage swales be located along the west and south property lines. The petitioner is proposing a small retaining wall along the south property line; however, there does not appear to be adequate slope to direct the water out of the southwest corner and towards the northwest corner of the property. It is possible that a pipe of some sort may be needed and that the swale may not adequately address the drainage in this situation. Again, a registered civil engineer would be able to determine if the swale would be adequate. Staff are requesting that a drainage plan be submitted by a registered civil engineer and an erosion control plan be provided. Again, the remaining issues are similar. The hold harmless agreement is required, saving as many of the mature trees as possible, and combining the properties into one PIN. Ms. McPherson stated staff is requesting the Planning Commission conduct the public hearing but table any action on the request until receipt of the necessary information. Mr. Oquist asked to clarify that the pipe was underground and � that there would need to be a storm sewer connection at the south corner. Ms. McPherson stated this was correct. �►. PLANNING COMMISSIOII MEETII�IG MAY 4 1994 PAGE 23 generally located on the south side of Cheryl Street west of Broad Avenue. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND TIiE POBLIC HEARING OPEN AT 9:35 P.M. Ms. McPherson stated this property is a vacant lot located at the intersection of Cheryl Street and Broad Avenue. It meets the minimum lot area and lot width requirements and also the setback requirements. The current drainage is such that the drainage flows from south to north towards Cheryl Street where most of the run off is caught by the catch basin located at the northwest corner of the parcel. Once it enters the catch basin, it enters a pipe which flows to Springbrook Creek. It appears that a portion of the water remains on the parcel in both the southwest and southeast corners. Water from the parcel to the west also flows onto the subject parcel. Water from the development would be instead directed to the west and south lot lines. In order to continue the natural drainage pattern the water needs to again go north. Staff is requesting that well defined drainage swales be located along the west and south property lines. The petitioner is proposing a small retaining wall along the south property line; however, there does not appear to be adequate slope to direct the water out of the southwest corner and towards the northwest corner of the property. It is possible that a pipe of some sort may be needed and that the swale may not adequately address the drainage in this situation. Again, a registered civil engineer would be able to determine if the swale would be adequate. Staff are requesting that a drainage plan be submitted by a registered civil engineer and an erosion control plan be provided. Again, the remaining issues are similar. The hold harmless agreement is required, saving as many of the mature trees as possible, and combining the properties into one PIN. Ms. McPherson stated staff is requesting the Planning Commission conduct the public hearing but table any action on the request until receipt of the necessary information. Mr. Oquist asked to clarify that the pipe was underground and that there would need to be a storm sewer connection at the south corner. Ms. McPherson stated this was correct. 12.55 � PLANNING COMMISSION MEETING, MAY 4 , 1994 PAGE 24 Mr. Hedlund stated he thought the drainage was adequate. The surveyor knows what he is doing when he states this will work without the pipe. Mr. Clark Nason asked staff to clarify the elevations. If the home is built as he thinks, the foundation will be two feet above his current ceiling height. Ms. McPherson stated the elevation on Cheryl Street at the driveway is 817 feet. The top block of the foundation is to be at 823 .9 which would be a difference of almost seven feet. It looks like the ground level at the �ouse next door is at 818 at the north corner and 817 feet at the south corner of the garage. Mr. Nason stated he sees no reason for this and to make others suffer. The laws were changed in 1976. He has lived there since 1966. Things change and nothing is done. The sewer system is terrible. He has had numerous times that the sewer has backed up into his basement, he has lost a lot of money, and the City has done nothing about it. He is opposed to adding homes until something is done about the sewer system. When the pumping station goes out, it's an act of God. When his basement is flooded, it's an act of God but it comes through the City sewer system. Mr. Nason stated the run off is now coming downhill towards his home where it used to go to the river. The streets were gravel, but are now blacktop. They built everything up because of the manmade dike. With the additional building, where will all the water go? He is not tearing anyone down for building, but he does not want to look out his kitchen window at ground and someone building seven feet above him. Ms. Brady stated she has the same concerns with thls request as with the previous two requests - sewer problems, water run off, etc. She is not anti-building either in appropriate places and at appropriate times. Here you have a much bigger lot and the size of the house would be more appropriate. The height is a problem. She did not know if there was a plan for the neighborhood. The neighbors need to be asked what we want for our neighborhood. More should be put into helping the people fix up their homes and make the homes worth more. This is not helping. The direction should be put into helping the people that are already living there rather than compounding the problem. Mr. Peterson stated he is concerned about aesthetics. If the buildings are two story and a high elevation, it is not right. This should be limited to a one-story house with a low roof to have less impact on the other property owners. Because of changes in the laws, it ruins it for the rest of the people. 12.56 � PLANNING COMMISSION MEETING MAY 4 1994 PAGE 25 Saying you cannot regulate the height is not good enough. This impacts the neighbors who will have to look at this every day. Mr. M. E. Thompson referred to preserving the trees. If the lot is filled with four feet of dirt, all the trees will die. Ms. Brady asked how many vacant lots were in that area. Ms. McPherson stated the City has an inventory but she could not say how many parcels were in that area. Ms. Diane Lott wondered if the City could come up with a plan for these properties that would be good for the whole neighborhood. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:50 P.M. Mr. Saba stated about two years ago the City was not as concerned about what was defined as a flood fringe area because there were no floods. Because of some of the concerns expressed tonight, perhaps the City should be concerned about the flood fringe area. The most the City can do is protect what is there. The vacant lots will be developed and there will probably be homes built on those lots. Concerns about drainage are very valid concerns that should be addressed before recommending approval or disapproval of the requests. The sanitary sewer problems must be addressed whether properties are developed or not. Mr. Saba stated he would like to see the trees stay as they are but, if someone wants to develop the property, the City must stay in the confines of the federal, state and local regulations in terms of building in a flood fringe area. The elevation is up to the builder and the person who buys the land. If a builder builds a house that stands out, this will limit the market. On all these properties, there must be a good definition of the drainage and he recommends this be done by a certifiEd engineer. He would recommend to table consideration. Mr. Oquist agreed. Along with the drainage and sewer, is there a Comprehensive Plan for the area and is the Commission being consistent with that in the kind of housing that is being built there. Ms. Savage stated this is certainly something that can be discussed but the Commission does not have that information. The concerns expressed will be on record and the neighbors will have further opportunity to express their concerns to the City Council . � PLANI�IING COMMISSION MEETING MAY 4 , 1994 PAGE 25 Saying you cannot regulate the height is not good enough. This impacts the neighbors who will have to look at this every day. Mr. M. E. Thompson referred to preserving the trees. If the lot is filled with four feet of dirt, all the trees will die. Ms. Brady asked how many vacant lots were in that area. Ms. McPherson stated the City has an inventory but she could not say how many parcels were in that area. Ms. Diane Lott wondered if the City could come up with a plan for these properties that would be good for the whole neighborhood. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9: 50 P.M. Mr. Saba stated about two years ago the City was not as concerned about what was defined as a flood fringe area because there were no floods. Because of some of the concerns expressed tonight, perhaps the City should be concerned about the flood fringe area. The most the City can do is protect what is there. The vacant lots will be developed and there will probably be homes built on , those lots. Concerns about drainage are very valid concerns that should be addressed before recommending approval or disapproval of the requests. The sanitary sewer problems must be addressed whether properties are developed or not. Mr. Saba stated he would like to see the trees stay as they are but, if someone wants to develop the property, the City must stay in the confines of the federal, state and local regulations in terms of building in a flood fringe area. The elevation is up to the builder and the person who buys the land. If a builder builds a house that stands out, this will limit the market. On all these properties, there must be a good definition of the drainage and he recommends this be done by a certified engineer. He would recommend to table consideration. Mr. Oquist agreed. Along with the drainage and sewer, is there a Comprehensive Plan for the area and is the Commission being consistent with that in the kind of housing that is being built there. Ms. Savage stated this is certainly something that can be discussed but the Commission does not have that information. The concerns expressed will be on record and the neighbors wi.11 have further opportunity to express their concerns to the City Council . 12.57 _ , '� PLANNING COMMISSION MEETING MAY 4 , 1994 PAGE 26 MOTION by Mr. Oquist, seconded by Ms. Savage, to table consideration of Special Use Permit, SP #94-04 , to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30 and 31, Block X, Riverview Heights, until submission of a drainage and erosion control plan designed, signed, and stamped by a registered civil engineer; and until such time staff provide additional information on the storm sewer and sanitary sewer systems. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CIiAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated staff will work with the petitioner to gather the requested information regarding the drainage plans, the sewer back-ups, the street elevations, etc. Once that information is put together, a meeting date will be set, and the City will re-notify all persons who received notices the first time. Notices will be sent approximately 10 days prior to the meeting. Mr. Oquist stated, until there is a true site plan, it is going to be difficult to truly identify the drainage. 6. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF APRIL 7 , 1994 MOTION by Mr. Saba, seconded by Ms. Savage, to receive the April 7, 1994 , Housing & Redevelopment Authority minutes s � written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER N RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION by Mr. Saba, seconded by Mr. quist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTIN AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRI AND THE MAY 4, 1994, PLANNING COMMISSION MEETING ADJO ED AT 10:03 P.M. Respectfully submi ed, Lavonn ooper Reco ding Secretary 12.58 a �= PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 12 10. The petitioner shall grant a 10 foot flo control, street, utility, and drainage easement ong the west lot line. 11. The grading and drainage pla all indicate the number of trees to be preserved. 12 . The petitioner sh sign a Combination Form, combining the property ' o one tax statement prior to building permit iss ce. UPON A VOICE V , ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CA D UNANIMOIISLY. Ms. herson stated this item will go to City Council on June 20, 1 4 . 2 . Tabled 5/4/94 : CONSIDERATION OF A SPECIAL USE PERMIT, SP #94- 04 , BY GORDON HEDLUND: Per Section 205.24 .4 .D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, generally located on the south side of Cheryl Street west of Broad Avenue. Ms. McPherson stated this property is located at the intersection of Cheryl and Broad Streets. The Commission tabled this request at its May 4 , 1994, meeting to request that the petitioner have the grading plan reviewed and more specifically defined by an engineer. The engineer plan did come back with swales defined with percent slopes and spot elevations on the property. The engineer also indicated that a pipe will need to be installed in the southwest corner of the property to the catch basin at the northwest corner of the property to make sure that water does not remain pooled in the southwest corner. Ms. McPherson stated staff has again stipulated that the builder is to grade the property in conformance with this plan and that the verifying survey which is required be submitted by the petitioner to confirm that the grading does meet the plan as submitted. In addition, silt fences and other erosion control measures need to be placed along the edges of the property line to prevent dirt and excavation material from going into the adjacent streets. Ms. McPherson stated staff visited this site to investigate the height issue. The property owner at 614 Cheryl Street indicated a concern regarding the height of the dwelling. For this particular property, staff has stipulated not to limit the height of the building, but to limit the location to the pad as proposed. It is in the center of the lot and, therefore, would reduce the impact of the overall height of the building if it is constructed � ` PLANNING COMMISBION MEETING. JUNE 1, 1994 PAGE 13 in this location. This lot is very similar to the lot at 600 Ely Street, just two blocks north of the subject parcel. At that location, there is a small dwelling unit in a similar location as 614 Cheryl. The dwelling to the east, built after 1977 when the flood plain regulations were adopted, is at a higher elevation. You can see the amount of fill that was filled on that property to bring the dwelling into conformance. Ms. McPherson stated the remaining stipulations for this property are the same as those recommended at the May 4, 1994, Planning Commission meeting. Staff recommends that the Commission recommend approval of this special use permit request with the 11 recommended stipulations. Mr. Newman stated that, again, it might be appropriate to add a stipulation regarding concrete or stone retaining wall plans that have been signed by a structural engineer. Mr. Clark Nason, 614 Cheryl Street, stated he is concerned about the sewer system in this area. He is the one who has all the trouble with sewer backups. He does have a shutoff valve, but if the pumping station doesn't work, the sewer backs up into his basement. The sewer system cannot handle the homes that are there now, and how is it going to handle another home? Iie stated he is going to look at a 7 foot embankment outside his door. There is a 50 foot vacant lot in back of his house so he could be looking at another 7 foot embankment in back of his house, too, if that lot is developed. With 7 feet all around him, he is down in the valley. No matter what the City says, that water is not going to stay on the other property; it is going to go onto his property. Ms. Darlene Brady, 641 Buffalo Street, stated she again wanted to say that when the land is built up that high, they are talking about a two or three story house. Again, they need to build appropriate to the lot and appropriate to the neighborhood. Mr. Monte Maher, 7965 Riverview Terrace, stated that something should be done about the sewer system if more houses are going to be built. Mrs. Michelle Maher, 7965 Riverview Terrace, stated she can understand that the City has to approve these requests if the petitioner meets all the requirements. But, is there anything the Commission can do to understand the concerns of the neighbors and make recommendations on a personal level? Is there anything the neighbors can do to make a difference besides expressing concerns, because that doesn't seem to be very beneficial here? Mr. Newman stated that in some regards, expressing their concerns may be more beneficial than they believe. The Commission has two important components: (1) The Commission receives information to present to the Council; and (2) The Commission makes a . , � « PLANNING COMMI83ION MEETING JIINE 1 1994 PAGE 14 recommendation to the Council. He stated the Council does not always follow the Commission's recommendation. He stated some very valid issues have been raised by the neighbors, and he encouraged them to contact their councilmember. Mr. Gordon Hedlund stated he had nothing to add. Mr. Kondrick asked Mr. Hedlund if he had any objections to the stipulations recommended by staff. Mr. Hedlund stated he has read the stipulations and has no objections to them. Mr. James Peterson, 7995 Broad Avenue, asked if the City has any rules for the building pads, the type of soil, etc. Ms. McPherson stated that information would be required at the time of the building permit by the Inspection Division. Mr. Peterson stated the only other comment he would make is that the City not allow the truckloads of fill to drive on Broad Street which is already in very bad shape. Mr. Newman stated that even though the Council could impose that condition, it is very difficult to enforce. Mr. Kondrick stated he is very disturbed about the sewer problems that Mr. Nason at 614 Cheryl Street has been experiencing. He recommended that Mr. Nason continue to express that concern. Mr. Nason stated he now carries insurance because of the sewer backups. Something needs to be done. Ms. Brady stated she also has sewer backups. Her hot water heater is rusting because of it. The City of Fridley will not help her with that. Also, these backups can be a bad health issue. Mr. Newman suggested that Ms. Brady contact her councilmember and give her councilmember this information and any records she has regarding her sewer backups. Mr. Monte Maher, 7965 Riverview Terrace, stated sewage is a big concern. The City's record only pertains to those people who have made the effort to contact the City. There may be a lot of other people who have had sewer backups but have not called the City. MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to City Council approval of special use permit, SP #94-04, by Gordon Hedlund, per Section 205. 24.4 .D and 205.24.5.A of the Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights, generally r ` ' . PLANNING COMMISSION MEETING. JIINE 1, 1994 PAGE 15 located on the south side of Cheryl Street west of Broad Avenue, with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9. 2 . The petitioner shall floodproof the garage in accordance with current federal and state floodproofing requirements to a minimum of the 100 year flood elevation. 3 . The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall grade the property to conform with the - engineering plan dated May 23, 1994 . 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall shall be constructed of concrete or stone materials. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7. The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basis and pipe. 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. � 9. The grading and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. The dwelling shall be constructed in the location proposed on the grading plan. Mr. Newman stated the neighbors have raised some very significant issues and concerns, particularly the concern about these houses sitting on mounds in this neighborhood. However, the Commission is bound by ordinances and by the information provided by City staff. As this area goes through further redevelopment, the Commission should probably take a closer look at these issues and concerns. . ` . � PLANNING COMMISSION MEETING. JUNE 1, 1994 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 3 . Tabled 5 4 94 : CONSIDERATION OF A SPECIAL USE PERMIT SP 94- 05, BY GORDON HEDLUND: Per Section. 205.24.4.D and 205.24 . 5.A of the Fridle City Code, to allow construction in the CRP-2 Distric (Flood Fringe) on Lots 13 , 14, 15, and 16, Block V, iverview Heights, generally located on the north side of Do �er Street west of Broad Avenue. Ms. McPherson stated this property is located on the orth side of Dover Street, approximately 150 feet from Riverview Terrace. This request was tabled at the May 4, 1994, Planning Co ission meeting to allow the petitioner time to have an engineer view the grading and drainage plan and provide percent slopes or the swales and spot elevations. The petitioner has submitte an engineer's plan which indicates that the swales will be ad quate to handle the water runoff. Again, the Engineering Depart nt has indicated that erosion control measures should be placed a ong the west, east, and south lot lines to prevent soil from flo ing into the street due to runoff prior to vegetation being est lished on the property. Ms. McPherson stated staff is reco ending that the Planning Commission recommend approval with 'ne stipulations: 1. The petitioner shall su it an elevation certificate as part of a verifying su ey prior to the foundation being capped, which shall v rify that the minimum first floor elevation is 824. 1. 2 . The petitioner sh l floodproof the garage in accordance with current fede al and state floodproofing requirements to a minimum of he 100 year flood elevation. 3 . The fill pla d on the property shall extend a minimum of 15 feet f om the proposed dwelling unit. 4 . The build shall grade the property to conform with the engineer' g plan dated May 23 , 1994. 5. The v ifying survey shall confirm that the grading compl es with the plan dated May 23, 1994 . 6. Er ion control measures shall be installed along the w t, south, and east lot lines. 7 . he petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. _ C(TYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55�132 • (61?1571-3450 • FAX (61�)571-1287 May 20, 1994 Subject: Special Use Permit Requests by Gordon Hedlund, to Allow Construction in the Flood Fringe Dear Property Owner: The petitioner for special use permits requests, SP #94-03 , SP #94-04 , and SP #94-05, has submitted the requested information regarding the grading and drainage plans for 665 Dover Street, 600 Cheryl Street, and 7915 Riverview Terrace. These items are being rescheduled for Planning Commission review at their Wednesday, June 1, 1994 meeting. They were tabled by the Planning Commission at its May 4, 1994 meeting. The meeting will begin at 7: 30 p.m. and is located in the City Council Chambers of the Fridley Municipal Center. If you have any questions regarding the request, please contact me at 572-3593 . Sinc rely, i `� v�.�� p Mi hele McPherson, BLA Pl nning Assistant MM/dn C-94-135 _ C��F � � . � � FRI DL�EY . � . � I�KII)l.l•:l' �il�\�ICIP:AL CG�V"1�E�R •6-t;l UNIVEtZSI�I�I" ;��'f�,. N.I:. I�RII�LEI'. ��1� ii-�3? • ((,1=1 i71-3-i>11 • f=,1\ 1(,i'> >,I I'�7 July 6, 1994 Subject: Special Use _ Permit Requests by Gordon Hedlund Dear Property Owner: � The Fridley City� Couhcil tabled action on the above request at their June 20, 1994 meeting. These requests will be reconsidered by the City Council at . its July 11, 1994 meeting. You may call the Fridley Municipal Center on Monday, July 11, 1994 to find out where on the agenda these special use permit requests have been placed. If you have any questions, please feel free to contact me at 572-3593 . Sin erely, ` � G�� Mic ele McPherson, BLA Planning Assistant MM/dn C-94-173 t'� , �� `� �'� " £ ,ek �.,.�..��'h�++,Akx+�'�. � ,,.., ' ', t..�° � •`�.,�.rC�.;... C] Community Development Department � PLANNING DIVISION City of Fridley DATE: June 3 , 1994 TO: William Burns, City Manager John Flora, Public Works Director FROM: ✓Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Sewer Back-Ups at 614 Cheryl Street and 641 Buffalo Street The property owners at the above-referenced properties will be contacting Councilmember Bolkcom regarding ongoing problems with . sewer back-ups. They have testified twice at the two Planning Commission meetings regarding the Gordon Hedlund special use permit applications. They may be asking two questions of Councilmember Bolkcom: l. Will the additional connection to the sewer line in the street add/exacerbate back-up problems? 2 . They are upset that the City has "blown them off" regarding follow-up on their back-up problems. They will want to know whether the City can help them correct the problem. The owners names are: Clark Nason Darlene Brady 614 Cheryl Street N.E. 641 Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Another issue that John may want to address is whether the diversion project proposed for Osborne Road and East River Road will help with the problems in the Riverview Heights area. BD/dn M-94-287 , : � S TAFF REP O RT � Community Development Department Appeals Commission Date Planning Commission Date : May 4, 1994 ; June ] , 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: SP #94-04 PETITIONER• Gordon Hedlund LOCATION• 600 Cheryl Street N.E. REQUEST• The petitioner requests that a special use permit be issued to allow construction of a single family dwelling unit in the Flood Fringe district. The request is for a vacant parcel located in the southwest corner of the intersection of Cheryl Street and Broad Avenue. ANALYSIS• Zoning Requirements The property is zoned R-1, Single Family Dwelling. There are additional residential uses surrounding the subject parcel. The parcel is vacant, and the petitioner proposes to prepare the parcel for sale (the petitioner does not have a purchaser for the property, and does not have proposed house plans) . The subject parcel has a lot area of 9, 337 . 25 square feet which exceeds the minimum 9, 000 square foot requirement. The subject parcel has a width of 85 feet, which exceeds the minimum lot width requirement of 75 feet. The surveyor has identified the proper setback requirements for the R-1, Single Family Dwelling district on the site survey, and has located a possible house pad on the property which meets those setback requirements. Flood Fringe Requirements Section 205. 24 . 05.A of the O-1 district regulations require that the first floor elevation of all habitable living space is a minimum of one foot above the 100 year flood elevation. The 100 year flood elevation for the subject parcel is 822 . 9 . The minimum first floor elevation, therefore, is 823 . 9 for all T SP #94-04 Gordon Hedlund Page 2 habitable spaces. The petitioner has proposed a first floor elevation of 823 .9. The O-1 regulations also require that an elevation certificate be submitted. **Stipulation** The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation beinq capped, which shall verify that the minimum first floor elevation is 823.9. The O-1 district regulations permit accessory uses below the 100 year flood elevation if those accessory uses are flood-proofed in accordance with current federal and state flood-proofing regulations and the following standards: a) Not for human habitation; b) Have low flood damage potential; and c) Structures are firmly anchored. The garage is proposed to be at an elevation of 821.9. This is permitted if the garage is flood- proofed to the 100 year flood elevation of 823 .9. **Stipulation** The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofinq requirements to a minimum of the 100 year flood elevation. The O-1 district regulations also require that the fill needed to increase the elevation of the first floor extend a minimum of 15 feet from the proposed dwelling unit. Seven feet of fill will be needed in order to meet the elevation requirement. The first floor will be six feet above the street grade. The petitioner is proposing to comply with the fill requirement; however, as a result of placing fill on the subject parcel, the natural drainage patterns of the parcel will be changed. Some of the water currently "sheet" flows from south to north across the subject parcel into Cheryl Street where it flows to a catch basin located at the northwest corner of the parcel. Once it enters the catch basin, the water then flows east and south to Springbrook Creek. A portion of the water appears to remain on the property in the southwest and southeast corners of the parcel. Water from the property to the west also flows toward and into the subject parcel. As a result of the fill being placed on the subject parcel, water will be instead directed toward the west and south lot lines. In order to direct storm water flow so that it leaves the subject parcel, well-defined drainage swales will need to be constructed along the west and south lot lines. A small retaining wall is proposed to be constructed along the south lot line to increase the elevation, however, there does not appear to be adequate 12.45 SP #94-04 Gordon Hedlund Page 3 slope along the west lot line to direct runoff toward Cheryl Street. The petitioner submitted a grading plan reviewed by a civil engineer. The plan indicates a pipe along the west lot line to drain the property from south to north. A catch basin will need to be installed in the southwest corner and the pipe will connect to the manhole located in Cheryl Street. The remaining stormwater will drain into the street. The builder will be required to grade the property to comply with the plan dated May 23 , 1994. The verifying survey should confirm that the grading conforms to the plan. The property owner will be required to maintain the pipe. Erosion control measures should be installed as indicated on the engineering plan. **Stipulation** The fill placed on the property shall extend a minimum of 15 feet from the proposed dwellinq unit. **3tipulation** The builder shall grade the property to conform with the enqineerinq plan dated May 23, 1994. **Stipulation** The verifying survey shall confirm that the gradinq complies with the plan dated May 23, 1994. **Stipulation** Erosion control measures shall be installed along the west, south, and east lot lines. **Stipulation** The hold harmless aqreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. Hold Harmless Agreement The City has in the past required petitioners of similar requests to execute and record hold harmless agreements against the property. This releases the City from liability if damage occurs due to flooding. **3tipulation** The petitioner shall execute and record aqainst the property a hold harmless agreement releasinq the City from liability if damage occurs as a result of floodinq. Miscellaneous Requirements There are a number of mature trees located along the south lot 12.46 SP #94-04 Gordon Hedlund Page 4 line. These trees are an asset to the subject parcel, and an attempt should be made by the petitioner to preserve as many trees as is practical. **3tipulation** The qradinq and drainaqe plan shall indicate the number of trees to be preserved. The subject parcel is composed of three, 25 foot lots with three individual Property Identification Numbers (PIN) . The City Assessor has requested that the petitioner combine these lots into one PIN, therefore, receiving one tax statement. **Stipulation** The petitioner shall siqn a Combination Form, combininq the property into one tax statement prior to buildinq permit issuance. Buildinq Height Staff toured the neighborhood to inventory the types and styles of dwellings which include one, two, and split story dwellings. Adjacent dwellings include a split level at 7919 Broad Avenue and a two-story at 7995 Broad Avenue; both to the east of the subject parcel across Broad Avenue. The dwelling at 615 Cheryl Street is also a split level. The dwelling at 614 Cheryl Street will receive the greatest impact due to the new structure. The foundation of the new structure will be located at "eye" level despite the dwelling style and height. To minimize the impact, the dwelling should be constructed in the location proposed on the site plan as it is in the center of the property. Staff conferred with the City Attorney regarding the Planning Commission's request to limit the height of the structure. The Attorney's opinion is included in the supplemental information packet. **Stipulation** The dwellinq shall be constructed in the location proposed on the qradinq plan. RECOMMENDATION/STIPULATIONS: The petitioner has complied with the requirements of the O-1 district regulations. Staff recommends that the Planning Commission recommend approval of the request, with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifyinq survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9. 12.47 SP #94-04 Gordon Hedlund Page 5 2 . The petitioner shall flood-proof the qaraqe in accordance with current federal and state flood-proofinq requirements to a minimum of the 100 year flood elevation. 3. The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4. The builder shall qrade the property to COhfOL�l with the enqineerinq plan dated May 23, 1994. 5. The verifyinq survey shall confirm that the qradinq complies with the plan dated May 23, 1994. 6. Erosion control measures shall be installed alonq the west, south, and east lot lines. 7 . The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. 8. The petitioner shall execute and record aqainst the property a hold harmless aqreement releasinq the City from liability if damage occurs as a result of floodinq. 9. The gradinq and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combininq the property into one tax statement prior to buildinq permit issuance. 11. The dwellinq shall be constructed in the location proposed on the gradinq plan. Please refer to the supplemental information packet for information regarding the Coon Rapids Dam, sewer backups, building height, and assessors comments. PLANNING COMMI33ION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission amended stipulation #5 to read as follows: 5. The verifying survey shall confirm that the grading complies with the plan dated May 23 , 1994 . The retaining wall indicated on the plan shall be constructed of concrete or stone. 12.48 SP #94-04 Gordon Hedlund Page 6 CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 12.49 �, . i ..�� Community Development Department � PLANNING DIVISION City of Fridley DATE: June 10, 1994 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-04, by Gordon Hedlund; 600 Cheryl Street N.E. The Planning Commission conducted a public hearing at its May 4 and June l, 1994 meetings regarding the special use permit request to allow construction of a dwelling in the flood fringe district. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823 .9 . 2 . The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3 . The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4 . The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994 . The retaining wall indicated on the plan shall be constructed of concrete or stone. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7 . The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. �^ Gordon Hedlund SP #94-04 Page 2 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 9 . The grading and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. The dwelling shall be constructed in the location proposed on the grading plan. The City Council should note that a similar example regarding the height of the dwelling is 600 Ely Street N.E. , two blocks north of the subject parcel. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-319 12.43 FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 28 Ms. Brady stated that Mr. Hedlund's drainage proposal is to direct water to the southeast corner of Riverview Terrace which is directly in front of her garage. She stated that she already has standing water there when it rains. With the raising of he l_ot to construct the new home, it will drain on her propert . Mr. Malvern Thompson, 6212 Hillside Drive, Edina, ated that his son owns property next to Mr. Hedlund, and the sur ey report is not correct. He stated that there is a stake that as been there for 22 years, and this was not used in the surve . Ms. Dacy stated that she talked to the su eyor after the Planning Commission meeting. He verified that e found the monuments on the lot next door, and he would be h py to meet with the owners. Ms. Marjorie Nason, 614 Cheryl St et, stated that her home is the lowest in the area, and they h e had sewer backups nine times. She felt that with raising e lots, there would not be any uniformity in the neighborho d. Mr. Clark Nason, 614 Cher Street, stated that the cost in damages to his home from the sew r backups is over $3 , 000 not including the $600 deductible. He tated that he did not think the neighbor- hood' s request not o have any new construction was outrageous. He stated that t ey have a water problem in their area, and drainage comes a the way from Coon Rapids. Mr. Herrick ked if there was any evidence to suggest that con- struction o these new homes would make the sewer problem worse. He stated hat it may be better for the City to improve the sewer system r her than deny construction of the homes. MOTI by Councilwoman Jorgenson to table this item to the July 11 Cou cil meeting. Seconded by Councilman Schneider. Upon a voice v e, all voting aye, Mayor Nee declared the motion carried nanimously. B. SPECIAL USE PERMIT REQUEST, SP #94-04 , BY GORDON HEDLUND� TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• MOTION by Councilwoman Jorgenson to table this item to the July 11 Council meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. SPECIAL USE PERMIT RE UEST SP 94-05 ORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 TRICT FLOOD FRINGE GENERALLY LOCATED ON THE NORT DE OF DOVER STREET WEST OF BROAD AVENUE: MOTION by Councilwoman rgenson to table this item to the July 11 Council meeting. conded by Councilman Schneider. Upon a voice FRIDLEY CITY COUNCIL MEETING OF JUNE 20 . 1994 PAGE 27 Mr. Herrick, City Attorney, stated that i.f Council is going to deny the special use .permits, it has to be done on the basis of fact. He . stated that Council could table the items and r �uest Mr. Hedlund to appear at a future meeting. He stated that h would not consider Mr. Hedlund' s statement as a request for wi drawal . Councilman Billings stated that if Council denied the pecial use permits without proper grounds, it may not be u likely that Mr. Hedlund would commence litigation because the Co cil was being arbitrary and capricious. He felt that there had o be a finding of fact that the special use permits are not warr ted because they have a negative impact on the health, safety, nd welfare of the public. Councilman Billings asked if it is normal procedure to include street easements in calculation of the lo area. Ms. Dacy stated that if it is an easem t, it is included in the calculation of the lot area. Councilwoman Bolkcom stated that p rt of the confusion of the neighborhood is that Mr. Hedlund i trying to buy their land. She stated that there are some pro lems with flooding and sewer backups. She questioned if cons ructing these homes would add to the problems. Councilwoman Jorgenson state that one issue that she is concerned about is the Coon Rapids am. She stated that it has some structural flaws and needs eplacement. She stated that the area where Mr. Hedlund wishes to construct the homes could possibly flood. Ms. Brady stated that ere have been newspaper articles about the dam and the lack of f nding for repairs or replacement. Mr. Herrick stated at there is an ordinance stating that an owner can build on thes lots if certain criteria are met. He stated that if the City does not want construction on these lots, the ordinance should not be in effect. He stated that as long as the ordinance is i effect, the owner is entitled to a special use permit unless the City can show it would violate the health, safety, and w lfare of the community or the people in the area. He stated th� if that is the case, the facts have to be determined that substa iate this claim. Councilwo n Jorgenson felt that further information was needed on the stru ural problems of the Coon Rapids dam and the impact on the City s flood fringe district, should be obtained from the Army Corps Engineers. Ms. rady stated that over two years ago the Army Corps of Eng � eers gave a maximum life of five years for the dam. �4 FRIDLEY CITY COUNCIL MSETING OF J Y 11 1994 ' PAGE� S MOTION by Coun�ilman Schneide to nominate Jeanrie Raffesberger for -. . • appointment to -�he � Human �R sources Commiss�ian for the term :which � � . . expires on April ;�1, 1997 . . .' . � . � � �- . � : . � � � ' There being �no� furth � �nom�inations; •tYie nominations were.�closed by • . ' � Mayor Nee. � � MOTION by Cou ilman Schneider to cast an unanimous ballot for the appointmen of Jeanne Raffesberger to the Human Resources Commis- sion. S onded by Councilwoman Jorgenson. Upon a voice vote, all votin aye, Mayor Nee declared the motion carried unanimously. 3 . RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE l, 1994 (TABLED JUNE 20, 1994) : A. �SPECIAL USE PERMIT REQUEST, SP #94-03 , BY GOR�ON HEDLUND, TO . . • - , �ALLOW. CONSTRfiTCTION �Zl� TYiE` � CRP-2= DISTRZC�'� FLOOD. _.;b`i2INGE � . . � � ; . . . GENERALLY' IACATED :ON'THE �OUTH SIDE OF B�J.FFALO STREET EAST OF � � � � RIVERVIEW TERRACE: � � . . : . . : - . . . AND B. SPECIAL USE PERMIT REQUEST, SP #94-04 , BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) , GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• AND C. SPECIAL USE PERMIT REQUEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) , GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE• Mayor Nee removed these items, Special Use Permit Requests, . SP #94-03 , #94-04, and #94-05 from the table. Ms. Dacy, Community Development Director, stated that at the June 20 Council meeting, a number of issues were raised pertaining to these three properties. She stated that one of the questions was regarding the status and safety of the Coon Rapids dam. She stated that she received a letter from Mr. Mel Sinn with the Department of Natural Resources. He stated that there are major repairs planned by the Suburban Hennepin Regional Park District, ownzrs of the dam, to enhance the potential for hydropower at this site. She stated that Mr. Sinn said that the dam' s foundation is in good condition and stable. Ms. Dacy stated that another issue was the height of the new homes that would be constructed on these sites. She stated that after conferring with the City Attorney's office, if the Council approves the special use permits, it is recommended an additional stipula- tion be added stating the building height shall not exceed 30 feet measured from the existing elevation and complying with the defini- tion of the height in the building code, Section 205. 02 . 11. She stated that the definition of building height is not measured from .�'' � FRIDLEY CITY COIINCIL MEETING OF JULY 11, •1994 PAGE 6 the � ground to ttie peak of the roof. She outlined� the �ypical deFinition o.f buil.ding :height From t�ie build�:ng�.code. � � . Ms. Dacy � stated tliat the � question � on drain�age was zaised and how : . . � it may imrpact other liomes .in the area. She stated that � Council � ' . can adopt specific stipuTations regarding drainage and use this plan to evaluate the building plans. She stated that if violations occu.r that are .d�rectly related to the stipulations of the special � use permit, action could be filed against the property owner. She stated that the Public Works Department has also identified a potential project to replace an eight inch line in 79th Way with a ten inch line when the street is upgraded. Ms. Dacy stated that if the Council approves these special use permits, it is recommended that the stipulation be added regarding . the height of the . homes. She, stated : that the petitioner, . . � . � Mr.. Hedluz�d., . was present 'this. ev�ning .t.o ,ansTaer�.an.y.- .:ques�ion�.-. : Councilwoman Bolkcom asked if there was a p�lan now to upgrade the . sewer line. Mr. Flora, Public Works Director, stated that there was no plan at this time. Councilman Billings asked if the petitioner was aware and has agreed to the stipulations on the special use permits. Mr. Hedlund, the petitioner, stated that he did not know how the stipulation on the height of the homes would impact construction. He stated that he has to fill the lots and to take four feet away from the height may be a problem. Councilman Billings felt that in the worse case scenario, a two- story home probably could not be built on the lowest lot, and a rambler would have to be constructed. Mr. Hedlund stated that the problem is that a rambler would not be practical given the setbacks and fill needed for the lots. Councilman Billings asked how the lots compare with the existing street grade. Ms. Dacy stated that the Buffalo Street lot is below the street grade, and the lots on Dover and Cheryl Streets are about the same. Councilman Billings stated that he did not feel this stipulation on the height was unusual, as it addresses concerns which were raised. He felt that the character of the neighborhood should be maintained, and this stipulation would also allow Mr. Hedlund to develop his property and satisfy everyone' s needs in a practical manner. - !t FRIDLEY CITY CO�UNCIL MEETING OF JIILY 11 1994 PAGE 7 Mr. Hedlund stated that � he did not think there is a prolilem, as there are a .variety o.f di�fFerent style homes in ali Frid•ley . neighborhoods. He felt that it was unfair to him to place restric- tions if he wants to build a certain type of home on that lot. Councilwoman Bolkcom stated that this is an unusual situation. She stated that several neighbors in the area are very concerned about the height of the home and other issues. Mr. Hedlund stated that the tact that the lots are in the flood � plain should not affect the type of home that is constructed. He stated that the physical construction of the homes would not be a lot different than others in Fridley. Councilwoman Bolkcom stated that the lot has to be raised because of the location in the flood plain. She felt that one of the biggest concerns was that no one knows what type of home is going . to be built on these lots. Mr. Hedlund stated that if the construction is gooci for him and the owner, it would be good for the City. He would not create some- thing that is a lot different from other homes. Councilwoman Jorgenson felt that the added stipulation regarding the height is a way to assure some uniformity in that neighborhood. She stated that if the owner wished to exceed the height require- ment, there is the variance process. Mr. Hedlund felt that when someone is told they have to come up with new plans and go to the Council for approval, they normally do not proceed. He felt that it is an unfair request, as this four feet could be important. Councilwoman Schneider stated that there are restrictions on these lots because they are located in the flood plain and because the City wants to protect the neighborhood. He stated that if it was a normal lot, these special use permit requests would not be necessary. Mr. Herrick, City Attorney, stated that what differentiates this situation from others is that because of the flood plain legislation, these lots have to be raised. He stated that if all the lots on the street were being built up, there would not be a problem. He stated that the problem arises because some of the lots on the street, which already have homes, have not been built to this required elevation. Mr. Herrick stated that when fill is added to these lots and then a two-story home is constructed, it will appear higher than in a neighborhood where the lots have not been raised. He stated that the City is obligated to approve a special use permit as long as the use of the property does not adversely affect the City or the neighborhood. He stated that the question the Council has to answer is if allowing a 30 foot height would have an adverse impact on the neighborhood or adjacent � � . FRIDLEY CITY COUNCIL MEETING OF JULY 11. 1994 PAGE 8 � prQperties. He �tated tha� .the Council . also has the authority to impose reasonable conditions. on .the spec�al use permits. : Mr. Hedlund stated that he doubted if these conditions were placed on homes built in the last five or ten years. Councilman Billings stated that in the past where there is construction in the flood plain, the Council actually has the building plans and elevation drawings presented before a determination is made on how it would impact the neighborhood. Mr. Herrick suggested that Mr. Hedlund review split level house plans to determine if there is a problem in constructing a reasonable home on these lots. Mr. Burns, City Manager, stated that if there is a 30 foot height restriction, which included the four feet of fill, it would reduce the height• of the home to 26 feet. He felt that a typical split entry home was within that parameter and probably would not be� too restrictive. � Mr. Hedlund stated that it may not be a problem, but he would not want to agree to the stipulation and find out later it was a mistake. Councilwoman Bolkcom stated that this item could be tabled so that Mr. Hedlund could research this issue. Mr. Hedlund stated that he would review it, but he did not know if he could come up with a plan. MOTION by Councilwoman Bolkcom to table Special Use Permits, SP #94-03, SP #94-04, and SP #94-05. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 . RECEIVE API ITEM FORM THE APPEALS COMMISSION ME ING OF JUNE 7 1994 (TABLED JUNE 20, 1994) : A. VARIANCE RE UEST VAR 94-06 BY LER FUNERAL HOME TO INCREASE THE AMOUNT OF FREE-STAND G SIGNAGE FROM 80 S UARE FEET TO 98 S UARE FEET TO ALLO HE CONSTRUCTION OF A FREE- STAIvTDING SIGN GENERALLY LOCA D AT 6210 HIGHWAY 65 N. E. : Mayor Nee removed this item fr m the table. Ms. Dacy, Community Devel ment Director, stated that this is a request for a variance t increase the sign area of a free standing sign from 80 square fe to 98 square feet. She stated that a new 80 square foot sign as been installed that faces Highway 65, and the petitioner wi es to replace an existing sign on West Moore Lake Drive. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 3 B. SPECIAL USE PERMIT REOUEST, SP #94-04, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) , GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• C. SPECIAL USE PERMIT REOUEST, SP #94-05, BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) , GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE• Ms. Dacy, Community Development Director, stated that these requests for special use permits were tabled at the last Council meeting to allow the petitioner time to analyze the impact of a height restriction on these properties. She stated that the Qetitioner has not submitted any additional building plans but has • reiterated his feelings from the last Council meeting that he £elt the height stipulation was too restrictive. Ms. Dacy stated that staff has reviewed house plans which have been constructed in other parts of the flood plain area. She stated that if the 30 foot height is measured from the existing street elevation, a split level and two-story home would not meet the height requirements; however, a one story rambler could be constructed to conform with the maximum height. Ms. Dacy stated that staff reviewed the definition of building height and measured the elevation at the front of the building. She stated that this is at 822 feet, and any house plans could be constructed within the 30 foot height limit. She stated that staff is recommending a stipulation that the maximum height be measured from the 822 foot elevation on all three lots. Mr. Hickok, Planning Coordinator, submitted some typical building plans showing a rambler, a split entry, and a two-story which could be constructed within the 30 foot height requirement if ineasured from 822 feet. He stated that a non-traditional two-story may be 31 feet high. Ms. Dacy stated that Mr. Hedlund, the petitioner, contacted her this morning to say that he was in the hospital and received a copy of the staff report. She stated that he indicated he had no objection to the proposed stipulation that the maximum height be measured from the 822 foot elevation. She stated that Mr. Hedlund advised her that if the Council rewords this stipulation, he would like the action tabled until he can attend the meeting. Councilwoman Bolkcom stated that if the height is measured from the street elevation, Mr. Hedlund could not build a majority of these homes. Ms. Dacy stated that is correct, as two of the three designs would be over the 30 foot height limit. She stated that Mr. Hedlund FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAG� advised her that if the elevation is measured from the street, he would object. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-03 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-04 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to table Special Use Permit Request, SP #94-05. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 . RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF JUNE 29 , 1994 (TABLED JULY 11, 1994) : A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLAT RE UEST P.S. 94-05 BY KEITH EIBENSTEINER FO BILTMORE CONSTRUCTION OF NEW BRIGHTON INC. TO SUBDIVIDE OPERTY INTO NINE NEW SINGLE FAMILY LOTS GENERALLY LOCATED N THE SOUTH- EAST CORNER OF TOTINO-GRACE HIGH SCHO PROPERTY AT 1350 GARDENA AVENUE N.E. : Mayor Nee removed this item from the table. Ms. Dacy, Community Development Direc r, stated that at the July 11 Council meeting a number of estions were raised, She reviewed staff's response to these stions. She stated that in regard to the question on the plat bmitted by Charles Cook, P.S. #86-06, Valley Oaks, there was n issue with the storm water assessments. She stated that public hearing was conducted on this plat in 1987 , but ther was no final action taken by the Council on the plat. Ms. Dacy stated that in esponse to the question on the size of the Innsbruck Nature C ter, it is 24 acres and was dedicated as a park in 1971. She ated that the original land area for Pecks Woods was at least 6 0 acres extending from Rice Creek Road on the north to 49th Ave e and Highland Lake to the south, into New Brighton on the e st, and approximately along the Matterhorn Drive alignment on th west. Ms. Dacy sta ed that in response to the question regarding Arthur Street, it as constructed in 1972 and was part of Pecks Woods. She state that in conversations with Mayor Nee, the Council in 1964 inf rmally discussed acquisition of the wooded area north of I-694 , ut the cost was prohibitive. She stated that a portion of Isla s of Peace park was acquired this same year. She stated that the dedication of Innsbruck Nature Center in 1971 preserved 24 a es of the original Pecks Woods. . � s � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 25, 1994 The Regular Meeting of the Fridley City Council was calle to order at 7 : 38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pl ge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwo n Jorgenson, Councilman Billings, Councilm Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None PROCLAMATIONS• CAROLINE OGLAZA DAY - JUL 26 1994: Mayor Nee issued a procla tion proclaiming July 26, 1994 as Caroline Oglaza Day in t e City of Fridley. He stated that Caroline is a college stu ent from Fourmies, France and has been in Fridley conducting m ket studies. He stated that she will return to Fridley's Sis er City, Fourmies, France this week. NATIONAL NIGHT O T - AUGUST 2 1994: Mr. Burns, City Man ger, read a proclamation proclaiming August 2, 1994 as National N'ght Out in the City of Fridley. He called upon all citizens to j in the Fridley Police Department and to partici- pate in the elev nth annual National Night Out by having neighbor- hood block par ies to symbolically take back the night and give crime a going way party. Ms. Rosie G iep, Public Safety Projects Coordinator, introduced Ms. Julie S anson, the new Neighborhood Crime Watch Coordinator and Crime Pre� ntion Specialist. She stated that National Night Out started e even years ago in Pennsylvania to join residents together with la enforcement to fight crime and develop a sense of commun ' y in their neighborhoods. She stated that several million peopl will observe National Night Out on August 2 . Ms. Griep and Ms. wanson, along with several block captains, received this pro amation. M or Nee stated that he and the Council are very happy with the p ogram and its success. � . � , FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 2 Ms. Griep stated that persons who wish to participate can contact Julie Swanson at 572-3634 . APPROVAL OF MINUTES: COUNCIL MEETING, JULY 11, 1994 : MOTION by Councilman Schneider to approve the minutes as resented. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to amend the minu es by inserting the following language, after paragraph five on P ge 10: "Council- man Schneider stated that under the existing ode, they would be allowed two four-foot directional signs. " F ther, to correct the Roll Call Vote on Page 14 to indicate that C uncilwoman Bolkcom and Councilman Billings both voted against t e motion and the motion carried by a 3 to 2 vote. Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ma or Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE IN MOTION, all voted aye, and Mayor Nee declared the motion c ried unanimously. ADOPTION OF AGENDA: Mayor Nee requested an ite be added: (2) Set November 14, 1994 as a Special City Council eeting to receive the canvass from the election. MOTION by Councilma Schneider to adopt the agen�a with the above addition. Seconde by Councilwoman Jorgenson. Upon a voice vote, all voting aye, yor Nee declared the motian carried unanimously. OPEN FORUM V ITORS: There was o response from the audience under this item of business. OLD BUS NESS• l. ECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1, 1994 (TABLED JULY 11, 1994) : ayor Nee removed these three items from the table. A. SPECIAL USE PERMIT REQUEST, SP #94-03 , BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE• � Community Development Department � P�viNG DrvISION City of Fridley DATE: July 28 , 1994 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Gordon Hedlund Special Use Permit Requests Gordon Hedlund died on Tuesday, July 26, 1994 . I asked a member of his family to contact within the next few weeks to resolve the pending special use permit applications. A realtor had been working with Hedlund in anticipation of approval of the special use permits. There is no specific timeline for the City Council to act on a special use permit contained in Section 205. 05. 04 . I believe the City has the flexibility to withhold action temporarily until the family can get their affairs in order. Unless otherwise directed, I will be placing the special use permits on the September 6, 1994 City Council agenda. BD/dn M-94-403 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1995 PAGE 4 7. EXTENSION OF A SPECIAL USE PERMIT SP #94-03 , BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE; AND EXTENSION OF A SPECIAL USE PERMIT, SP #94-04, BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT ✓ GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE; AND � EXTENSION OF A SPECIAL USE PERMIT, SP #94-05, BY GORDON HEDLUND, TO ALLOW .CONSTRUCTION IN THE FLOOD FRINGE DISTRICT GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE (WARD 3) : Mr. Burns, City Manager, stated Mr. Moe, nephew of the late Gordon Hedlund, has requested a one-year extension on these special use permits. He stated it is expected that the builder, Janice Khan of Advanced Design, Inc. , will acquire the properties and construct a home on the Cheryl Street lot this fall. He stated that the other two buildings are likely to be constructed next year. APPROVED A ONE YEAR E%TENSION OF SPECIAL USE PERMITS, SP �94-03, SP �94-04, AND SP #94-05, AITH THE STIPULATIONS PREVIOIISLY APPROVED, AND SIIBJECT TO COMPLIANCE WITH THE REQIIIREMENTS OF THE ENGINEERING DEPARTMENT�S STIPULATIONS ON TIiE LAND ALTERATION PERMIT. 8, EXTENSION OF VARIANCE RE UEST VAR 94-18 BY TIMOTHY STRQI�G FOR STRONG BUILT HOMES TO REDUCE THE FRONT YARD SETBAC ROM 35 FEET TO 20 FEET ON PROPERTIES GENERALLY LOCATED 476 AND 1490 64TH AVENUE N.E. (WARD 2) : Mr. Burns, City Manager, stated that a on year extension has been requested on this variance which w ld allow construction of two single story homes. He stat that construction is to begin on one of the homes in ea September, 1995. APPROVED A ONE YEAR E%TENSI OF VARIANCE REQIIEST, VAR #94-18. 9. APPROVE LICENSE AGRE NT BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY FOR •C TRAL AVENUE BIKEWAY WALKWAY PROJECT NO. ST. 1994-9• Mr. Burns, ' y Manager, stated that this agreement identifies the City' responsibility for construction and operation of the bi ay to be constructed on the west side of Old Central from 9th Avenue south to Highway 65. He stated that the ag ement also establishes the City's responsibility for moval or relocation of the bikeway if the road is widened for some future County project. ' FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 28, 1995 PAGE 3 changes to the ordinance as it relates to floodway and flood . fringe districts, and there are no changes to the boundaries of this district. He stated that since the City daes not permit manufactured homes or travel trailers in flo dway or flood fringe districts, these amendments will have o affect on Fridley's residents. Mr. Burns stated that Council requested removal f the special use permit requirement to build in the flood inge district, and this has been done. He stated that the hanges were re- quested by the Federal Emergency Manageme Association and the Department of Natural Resources. WAIVED THE FIRST READING AND APPROVED E ORDINANCE ON FIRST READING. 4. RECEIVE THE MINUTES OF THE PLANNI G COMMISSION MEETING OF AUGU5T 16, 1995• RECEIVED THE MINIITES OF THE P ING COMMISSION MEETING OF AIIGIIST 16, 1995. 5. ESTABLISH A PUBLIC HEARING OR SEPTEMBER 11 1995 FOR A REZONING RE UEST ZOA 95-0 BY KARL AND MARGARET SCHURR FOR MINCO PRODUCTS TO REZONE P OPERTY FROM C-2 GENERAL BUSINESS TO M-1 LIGHT INDUSTRIAL GENERALLY LOCATED AT 7321 COMMERCE LANE N.E. (WARD 3) • Mr. Burns, City Manag , stated that this public hearing is for the rezoning of p operty from C-2 to M-2 at 7321 Commerce Lane N.E. He state that the rezoning is requested to allow a 60,000 square foo addition to Minco Plant #2. SET PIIBLIC HEAR G FOR REZONING REQIIEST, ZOA #95-05, FOR SEPTEMBER 11, 1 5. 6. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11 1995 FOR A VACATION REQ ST, SAV 95-03 , BY KARL AND MARGARET SCHURR FOR MINCO PROD TS TO VACATE A 30 FOOT DRAINAGE AND UTILITY EASEMENT GENERALLY LOCATED AT 7321 COMMERCE LANE N.E. jWARD 3) : Mr. Bur s, City Manager, �stated that this public hearing is to con ider the vacation of a 30 foot drainage and utility easem nt. SE PIIBLIC HEARING FOR PACATION REQIIEST, SAV #95-03, FOR S TEMBER 11, 1995. i � ._' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 11 OLD BUSINESS• 3 . SPECIAL USE PERMIT REQUEST, SP #94-03 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE (WARD 3) (TABLED JULY 25 1994) : AND SPECIAL USE PERMIT REQUEST, SP #94-04 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE (WARD 3) (TABLED JULY 25, 1994) : AND SPECIAL USE PERMIT REQUEST, SP #94-05 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT {FLOOD FRINGE) GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE (WARD 3) (TABLED JULY 25 1994� : Mayor Pro Tem Schneider removed the above items from the table. Ms. Dacy, Community Development Director, stated that these three special use permits are to allow construction of homes in the flood fringe area. She stated that this item was tabled by the Council at their July 25 meeting to resolve the issues of the height for these homes. She stated that staff was to continue to work with the petitioner, Mr. Hedlund, but, unfortunately, he passed away. She stated that Mr. Mitch Moe, his nephew, is authorized by the estate to proceed with these requests. Ms. Dacy stated that the Planning Commission recommended approval of the special use permits with various stipulations for each lot. She stated that Mr. Moe has agreed to a height restriction as measured from the street elevation. She stated that staff has calculated the grades and identified them in each of the special use permit requests. She stated it is recommended that the special use permits be approved with the stipulations recommended by the Planning Commission as well as the additional stipulation relating to the height of the dwelling for each of these lots. Mr. Moe, 2301 7th Street N.W. , New Brighton, felt that these height restrictions were a reasonable compromise and that his uncle ' s intent was to construct quality homes. Mr. Clark Nason, 614 Cheryl Street, voiced his concern with the elevation for the home to be constructed on Cheryl Street. He stated that there would be eight feet of fill hauled and then the home constructed on top of it in an area where all the homes are level . He stated that he is still having problems with the sewer in his home even after the shut off valve was installed. Mayor Pro Tem Schneider stated that Mr. Nason' s sewer problem is an issue, but it is unrelated to this request. ! * ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 12 Councilman Bolkcom stated that, legally, Council does not have a reason to deny the special use permit. Mr. Burns, City Manager, stated that Mr. Nason' s sewer backup problems are not related to the capacity of the sewer line. Mr. Flora, Public Works Director, stated that there is sufficient capacity; however, if anything goes wrong in the system, Mr. Nason is the first home to have a problem because his property is the lowest in the area. He stated that it is hoped the precautions the City has taken will solve this problem. Ms. Dacy stated that the stipulations relating to the property on Cheryl Street require the home to be built in about the middle of the lot which would mean there would be 37-1/2 feet to the property line. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-03 , with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824 ; (2) the petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23 , 1994 ; (6) rip-rap shall be placed at the end of the swale adjacent to Buffalo Street; (7) erosion control measures shall be installed along the west, south, and east lot lines; (8) the petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone; (9) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liabi- lity if damage occurs as a result of flooding; (10) the petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line; (11) the grading and drainage plan shall indicate the number of trees to be preserved; (12) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; and (13) the height of the dwelling shall not exceed 30 feet as measured from the street elevation of 818. 25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-04 , with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823 . 9 ; (2) the petitioner � � . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 13 shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23 , 1994 ; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23 , 1994 . The retaining wall indicated on the plan shall be constructed of con- crete or stone; (6) the erosion control measures shall be installed along the west, south, and east lot lines; (7) the hold harmless agreement shall be amended to require the property owner to main- tain the storm water catch basin and pipe; (8) the peti-tioner shall execute and record against the property a hold harm-less agreement releasing the City from liability if damage occurs as a result of flooding; (9) the grading and drainage plan shall in- dicate the number of trees to be preserved; (10) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; (11) the dwelling shall be constructed in the location proposed on the grading plan; and (12) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 817 . 25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-05, with the following stipulations: (1) the petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824 . 1; (2) the petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) � the builder shall grade the property to conform with the engineering plan dated May 23, 1994 ; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23 , 1994 ; (6) erosion control measures shall be installed along the west, south, and east lot lines; (7) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding; (8) the grading and drainage plan shall indicate the number of trees to be preserved; (9) the petitioner shall sign a Combination Form, com- bining the property into one tax statement prior to building permit issuance; and (10) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 818 . 54 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. . ,� � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 14 NEW BUSINESS• 4 . RESOLUTION NO. 70-1994 ADOPTING A "PROPOSED" BUDGET R THE FISCAL YEAR 1995: Mr. Pribyl, Finance Director, stated that this resol ion is to comply with Minnesota Statutes for submission of a preliminary draft budget for 1995 to meet truth-in-taxation req irements. He stated that the City must certify a proposed budg to the County Auditor prior to September 15, 1994 . MOTION by Councilman Billings to adopt Reso tion No. 70-1994 . Seconded by Councilwoman Bolkcom. Upon a vo ce vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 71-1994 CERTIFYI G "PROPOSED" TAX LEVY RE UIREMENTS FOR 1995 TO THE COUN OF ANOKA: Mr. Pribyl, Finance Director, state that this resolution is to certify a proposed tax levy to the ounty Auditor. He stated that this "proposed" tax levy of $3 , 66 , 686 represents a zero percent increase over the 1994 levy. He stated that there is no increase in taxes based on the levy itse ; however, a study by the Depart- ment of Revenue indicates mark values have increased for 1995 by approximately three percent. He stated that this would result in a slight increase of about . 00 for the average home in Fridley. MOTION by Councilman Bil ings to adopt Resolution No. 71-1994 . Seconded by Councilwoma Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 6. RECEIVE AN I M FROM THE PLANNING COMMISSION MEETING OF AUGUST 10 19 4 • A. RESOLUTION NO. 72-1994 APPROVING A SUBDIVISION LOT SPLIT L. S. 94 3 TO SPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS GENERALLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. BY TI THY STRONG OF STRONG BUILT HOMES WARD 2 : Ms. Dacy, Community Development Director, stated that this is a request or a lot split for property located in the southwest corner 64th Avenue and Arthur Street. She stated that there are curren y two existing single family homes on the property that faces 64th Avenue at 1476 and 1490. Ms. Dacy stated that the prop al is to divide the south half of this parcel . Ms. Dacy stated that the Planning Commission recommended approval of his lot split with seven stipulations. She stated that staff re earched the trees to be preserved on the property, and another stipulation is also recommended pertaining to an assessment of $1, 000 per lot for the storm water improvement. Stipulations for Special Use Permit, SP #94-04 Lots 29, 30, and 31, Block X, Riverview Heiqhts Generally located on the south side of Cheryl Street West of Broad Avenue Gordon Hedlund 1. The petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823 .9. 2 . The petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the 100 year flood elevation. 3 . The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4 . The builder shall grade the property to conform with the engineering plan dated May 23, 1994. 5. The verifying survey shall confirm that the grading complies with the plan dated May 23, 1994 . The retaining wall indicated on the plan shall be constructed of concrete or stone. 6. Erosion control measures shall be installed along the west, south, and east lot lines. 7. The hold harmless agreement shall be amended to require the property owner to maintain the stormwater catch basin and pipe. 8. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability - if damage occurs as a result of flooding. 9. The grading and drainage plan shall indicate the number of trees to be preserved. 10. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. 11. The dwelling shall be constructed in the location proposed on the grading plan. 3D � � ► HEDLUND SPECIAL USE PERMIT APPLICATIONS 1 . Status and safety of Coon Rapids Dam: A. Letter from Mel Sinn, Administrator, Surface Water & Hydrographics Section, Minnesota Department of Natural Resources, dated June 22, 1994. B. Major repairs planned for 1995 and 1996 by Suburban Hennepin Regional Park District, who owns the dam. C. Repairs are to enhance "the potential for future development of hydropower at the site." D. Repairs need to meet DNR and Federal Energy Regulatory Commission regulations. R � � E. Dam foundation is considered to be stable. 2. Height of new homes: A. Recommend new stipulation: "Building height shall not exceed 30 feet as measured from the existing elevation and complying with the definition of building height in Section 205.03.11 ." 3. Future recourse on drainage and sewer problems: A. Special Use Permit stipulations. 2 t • • B. Research problems and determine appropriate action. C. Civil proceedings or City action. D. Replace 8" line in 79th Way with 10" line when upgraded. 3 e " . � , STATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGB COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) In the MatteY' of: a special use permit, SP ��94-04 owner: Gordon Hedlund The above entitled matter came before the City Council of the City of Fridley and was heard on the 6th day of September , 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 in the CRP-2 District (flood fringe) on Lots 29; 30, and 31 , Block X, Riverview Heights, generally located on the south side of Cheryl Street west of Broad Avenue. -r' 6 3-s o - a�� -- 3a -o/ 3� �I �f O (`J�' . O � y � � IT IS ORDERE�D that a special use permit be granted as upon the following conditions or� reasons: Approval with 12 stipulations. See City Council meeting minutes of September 6, 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 �ri� day of � , 19�. DRAFTED BY: City of Fridley � 6431 University Avenue N.E. Fridley, MN 55432 �) `,� � `�` �; � 1 , , , _ TJ f�` William A. Champa, City le�� . 1�� ,, •,�,�' _ �j ;� � ., �, �,��SEAI,). . � ;,�, ._-�- -r'�,. k��. � . 'C `y- �'�, . � , • ♦ � . ��.,�r ��,. , �� ` . i. i � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 11 ` OLD BUSINESS: 3 . SPECIAL USE PERMIT REOUEST SP #94-03 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE (WARD 3) (TABLED JULY 25 1994) - AND SPECIAL USE PERMIT REOUEST, SP #94-04 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE (WARD 3) (TABLED JULY 25 1994) : AND SPECIAL USE PERMIT REQUEST, SP #94-05 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE (WARD 3) (TABLED JULY 25 1994j : Mayor Pro Tem Schneider removed the above items from the table. Ms. Dacy, Community Development Director, stated that these three special use permits are to allow construction of homes in the flood fringe area. She stated that this item was tabled by the Council at their July 25 meeting to resolve the issues of the height for these homes. She stated that staff was to continue to work with the petitioner, Mr. Hedlund, but, unfortunately, he passed away. � She stated that Mr. Mitch Moe, his nephew, is authorized by the estate to proceed with these requests. Ms. Dacy stated that the Planning Commission recommended approval of the special use permits with various stipulations for each lot. She stated that Mr. Moe has agreed to a height restriction as measured from the street elevation. She stated that staff has calculated the grades and identified them in each of the special use permit requests. She stated it is recommended that the special use permits be approved with the stipulations recommended by the Planning Commission as well as the additional stipulation relating to the height of the dwelling for each of these lots. Mr. Moe, 2301 7th Street N.W. , New Brighton, felt that these height restrictions were a reasonable compromise and that his uncle's intent was to construct quality homes. Mr. Clark Nason, 614 Cheryl Street, voiced his concern with the elevation for the home to be constructed on Cheryl . Street. He stated that there would be eight feet of fill hauled and then the home coristructed on top of it in an area where all the homes are level . He stated that he is still having problems with the sewer in his home even after the shut off valve was installed. Mayor Pro Tem Schneider stated that Mr. Nason' s sewer problem is an issue, but it is unrelated to this request. j FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 12 / � Councilman Bolkcom stated that, legally, Council does not have a reason to deny the special use permit. Mr. Burns, City Manager, stated that Mr. Nason's sewer backup problems are not related to the capacity of the sewer line. Mr. Flora, Public Works Director, stated that there is sufficient capacity; however, if anything goes wrong in the system, Mr. Nason is the first home to have a problem because his property is the lowest in the area. He stated that it is hoped the precautions the City has taken will solve this problem. Ms. Dacy stated that the stipulations relating to the property on Cheryl Street require the home to be built in about the middle of the lot which would mean there would be 37-1/2 feet to the property line. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-03 , with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824 ; (2) the petitioner shall flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) �� the. builder shall grade the property to conform with the engineer- ing plan dated May 23 , 1994 ; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994 ; (6) rip-rap shall be placed at the end of the swale adjacent to Buffalo Street; (7) erosion control measures shall be installed along the west, south, and east lot lines; (8) the petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone; (9) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liabi- lity if damage occurs as a result of flooding; (10) the petitioner shall grant a 10 foot flood control, street, utility, and drainage easement along the west lot line; (11) the grading and drainage plan shall indicate the number of trees to be preserved; (12) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; and (13) the height of the dwelling shall not exceed 30 feet as measured from the street elevation of 818 . 25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-04 , with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823 . 9 ; (2) the petitioner �r' , a FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 13 � shall flood- roof the g p gara e in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall indicated on the plan shall be constructed of con- crete or stone; (6) the erosion control measures shall be installed along the west, south, and east lot lines; (7) the hold harmless agreement shall be amended to require the property owner to main- tain the storm water catch basin and pipe; (8) the peti-tioner shall execute and record against the property a hold harm-less agreement releasing the City from liability if damage occurs as a result of flooding; (9) the grading and drainage plan shall in- dicate the number of trees to be preserved; (10) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; (11) the dwelling shall be constructed in the location proposed on the grading plan; and (12) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 817 . 25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-05, with the following stipulations: (1) the petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824 . 1; (2) the petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineering plan dated May 23 , 1994 ; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23 , 1994 ; (6) erosion control measures shall be installed along the west, south, and east lot lines; (7) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding; (8) the grading and drainage plan shall indicate the number of trees to be preserved; (9) the petitioner shall sign a Combination Form, com- bining the property into one tax statement prior to building permit issuance; and (10) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 818 . 54 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. i . i . . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 14 ' NEW BUSINESS• `• 4 . RESOLUTION NO. 70-1994 ADOPTING A "PROPOSED" BUDGET FOR THE FISCAL YEAR 1995: Mr. Pribyl, Finance Director, stated that this r solution is to comply with Minnesota Statutes for submission � a preliminary draft budget for 1995 to meet truth-in-taxation;*"requirements. He stated that the City must certify a proposed b�adget to the County Auditor prior to September 15, 1994. MOTION by Councilman Billings to adopt Resolution No. 70-1994 . � Seconded by Councilwoman Bolkcom. Upon a, `voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 71-1994 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1995 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, stated that this resolution is to certify a proposed tax levy to the- County Auditor. He stated that this "proposed" tax levy of $3, 667, 686 represents a zero percent increase over the 1994 levy. He stated that there is no increase in taxes based on the levy itself; however, a study by the Depart- ment of Revenue indicates market values have increased for 1995 by approximately three percent. e stated that this would result in � a slight increase of about $7 00 for the average home in Fridley. MOTION by Councilman Billi s to adopt Resolution No. 71-1994 . Seconded by Councilwoman B kcom. Upon a voice vote, all voting aye, Mayor Pro Tem Sc�eider declared the motion carried unanimously. � 6. RECEIVE AN ITEM F OM THE PLANNING COMMISSION MEETING OF AUGUST 10 , 1994 : A. RESOLUTION NO. 2-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. 94-03 SPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS GENE LLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. BY TIMOTHY S RONG OF STRONG BUILT HOMES WARD 2 : Ms. Dacy, Commu ity Development Director, stated that this is a request for a lot split for property located in the southwest corner of 64t�''Avenue and Arthur Street. She stated that ihere are currently tw,b existing single family homes on the property that faces 64th /Avenue at 1476 and 1490. Ms_ Dacy stated that the proposal ' to divide the south half of this parcel . Ms. Dac stated that the Planning Commission recommended approval of thi lot split with seven stipulations. She stated that staff resea ched the trees to be preserved on the property, and another stip lation is also recommended pertaining to an assessment of $1, b00 per lot for the storm water improvement. �' , • , r �-7 �c.��ai.� capr A.c�iol� � L � � � (�� llmi'Q�Iu�N 0�1�' IIm�� '" 0 'I�Q '��OrJ�/ �Mu111 Ca. Ooe_ 1�K P�Id Ooc. O�d.r � ol � �1i�o�l�r �Pl..r Out. �h.�1.d 6ri�f�tl�a Q�aotd�6ilily �� oo�.�,�a� p�� ❑SI.1�� []0.1. o.11n�wnl� �- pl^� SP.c. DOCUMENT N0. 1.2 0 3 7 71 • � �STRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY TFAEB E O g�N 9 6 RUMENT WAS FILED IN THIS OFFICE FOR RECORD ON AT 4 :3 O PM AND WAS DULY REC O RDED. $19 .5 0 PAID. FEES AND TAXES IN THE AMOUNT OF RECEIPTNO. 96009772 EDWARD M.TRESKA ANOKA COUNTY PROP`TE�S AX ADMINISTRATOR/FECORDER/REGISTR,4R OF 71TLES BY DEPUTY PAOPERTY TAXADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � '• i ��, , I � - � �s•�•o?�3a�oJ�9- ��s�-- �� f � . � -o/�/ �. • AGREEMENT This Agreement, dated this /� day of �vTot�E�- , 1994, by and between Marian Hedlund, a windowed and unremarried person, .�_�� (hereinafter referred to as "owner") , and the City of Fridley (hereinafter referred to as "the City") . WHEREAS, the owner owns residential real estate in the City legally described as follows: Lots 29 - 31, Block X Riverview Heights (hereinafter referred to as "the subject property") . WHEREAS, said property is located within the CRP-2 Flood Fringe district; and WHEREAS, the owners are interested in constructing a single family dwelling unit on the property; and WHEREAS, the construction involves a non-habitable utility area, crawl space, and a portion of the garage which will be at an elevation below the regulatory flood plain elevation; 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, Marian Hedlund, her heirs, successors and assigns hereby covenant and agree as follows: 1. That the utility area and crawl space shall not be altered without approval from the City. 2 . That the utility area, crawl space, and garage shall not be used nor made usable as a habitable space as defined in the City's building code. . C�� y � . . �. � . . � � � � i��:: r . � � Gi; Hedlund Agreement - Page 2 3. That they shall hold the City harmless for any injuries or damages to property by reason of the construction of the dwelling below the regulatory flood plain. 4 . Marian Hedlund, her 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 Marian Hedlund, her heirs, successors and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 5. Marian Hedlund, her 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. � `r , ��'� ' CITY OF FRIDLEY C. ,;�fh��, �:,\~ ..�.' vl:,�', BY�_�%��t.Z��/1- - _ ,,,. ., � William W. Burns � 'y�� n =f ' ; �' City Manager (.��-, `�F\ �;'`4 •�` ' . �. {!• �� .. 'i` � ,I , i . . . 1�. ,�' . . .� "r'�www�'��¢ti':. ; t S� � . � . Hedlund Agreement - Page 3 STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) 's 7`i� • The foregoing instrument was acknowledged before me this�� day of�� , 1994, by William W. Burns, City Manager of the City of Fridley. � � � CLYDEVMORAVETZ No ary Public NOTARY PUBUC-MINNESOTA ANOKA COUNTY _ � My Cortm�sloa ExOt�es Jaa.31,200D By � /,� � �� //�� Marian Hedluncl A widowed and unremarried person -STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing 'nstrument was acknowl d ed before this t- day o f � , 19 9 4, by ��Q.._,��,JL Q=��e�r�� a widowed and unremarried person. � Notary lic �'" �. ROBER7A S.COLL4NS � ° NOTARY PUBUC-MINNESOTA _ ANOKA CO�NTY oo� Nty Comm.ExP. Drafted By: City of Fridley 6431 University Avenue Fridley, MN 55432 ;. ` ��. _> `��.;:>::;�<.<.;:.:� ... : .�: :.. �.4w.��;�:�. CZ`4..:�.:..� ' ;Y,„`:.,�� .��` '\f ��i��i`tik::.`:5;'`�k' ��``�� MEMO DUM �` �� RAN ��;„��_: >�r;:,.r.;v��:;�.�:... , �� PLANNING DI�ISION _��`.:`::�K ;;�;��i�M ........�..�.;�:�. DATE: October 11, 1996 TO: William Bums, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Expiration of Special Use Permits, SP #94-03, SP# 94-04, and SP #94-05, by Gordon Hedlund in Riverview Heights This memo is to inform the Council that the above referenced special use permit requests by Gordon Hedlund have expired. The special use permits were issued to allow construction of new dwellings in the floodplain in the Riverview Heights neighborhood. The approvals included a number of stipulations requiring grading and drainage plans, certificates of survey, minimum building elevations, etc. When the Council adopted the new floodplain ordinance, the special use permit requirement for construction of dwellings and accessory uses in the floodplain was removed. Staff will prepare address files for the Building Inspection Department for the affected properties. The file will note the requirements for grading and drainage plans, verifying surveys, and minimum building elevations as previously approved by the special use permit applications prior to issuance of a building permit. This memo is for information purposes only. If the Council has any questions regarding these items, please feel free to contact us. MM:Is M-96-488