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SP94-05 . �" �., CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM � PROPERTY INFORMATION - site plan required for submittal; see attached Address: , � 1�� ,_�,�/`� �� Property Identificarion Number(PIN)� O�-�� 3� G�o�i c o 96 �' �'�q 7 Legal description: Lot � I� Block TracdAddition � / �l� L� �� Cunent zoning: � Square footage/acreage TCT`j 5/� ��. ; Reason for special use permit: ��-az�Q•��s--<-,� Section of City Code: Have you operated a b siness in a city which requued a business license? Yes No If yes, which city? � f 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 mus sign this form prior to processing) NAME� U /'�rD 0 /,l� �" L L'� �V Z� ADDRESS f o� � �� %�C L.f� �-� ��i,I�� 1%� � DAYTIME PHONE ��-b � � SIGNATURE ..>�,- DATE� --3/�� l S� �— ��. PETITI ER INF R ATI NAME � ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: �400.00~~H�H~~~~~~~$100.00 ~~�H~~for residential 2nd accessoiy buildings~~~~~~~~, Permit SP# '�, - :�_� Receipt# 1�(�g Application received by: i�� ` ��:��.- ��f-_�� Scheduled Planning Commission date: t�� ;� '�i��`'� Scheduled City Council date: � , ... � _ . _. . _. � _. .. . _ . t , ,. . �,� � City of Fridiey PUBLIC HEARING BEFOqE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipai 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 #94-05, 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 13,14,15,and 16. Block V, Riverview Heights, generally located on thp noAh side Dover Street west of Broad Avenue. Hearing (mpaired persons planning to attend who need an interpreter or other pe�- sons W��h disabilities who require auxiflary aids should contact Roberta Collins at 572- 3500 no later than April 27,1g94. 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 PIANNING COMMISSION (APri�i9.26,1994)Fridley Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, May 4, 1994 at 7:30 p.m. for the purpose of: 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 Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side Dover 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 SP ��94-05 Gordon Hedlund EE� �� so '-° '� 1 S�R ' �s ,� 3 o j 3� 31 ' S , 2 fa SS g So 5r . a l gR �� Z s f�� o le y �' �I /Z � e , �^��.� ••� "�� A�� ,, . . 3z o �37 ✓ �� 1� �y 3 ,, e � ,o � � �� , � M �, C i�+ 3�� 33 j ' 9 � zs 3D 3� �o ° .f + ., i� 3 '•• ` � 9 3� g 7 6 5/ l3 ' � 6 3 Y!I � I 1 28 �1 r� )I \� A 3° 3° 3p / Z �'(I � •' , b � y ' 9rz��z4 7c 3o S� - � '1 � 1 ; 8 ,y S � I �._zs� 3o Zf �O�'C 71� A �5 90 �A `�!3 /1 � 9 1 p, ' ,�. r C� (� ,� „39Y3' * � 0 3° 0 9 8 �j 6� � ! � � s.sa �o z` \ g 1 3 t 5 : � ' 4 z j Z � E E�C 1 ' 3 4 �y1�S'Q �,� 1 � I' O " � � ~ (A ` � .^�. �.� �2S. � g F � � �� , - ,� ° �� ,38 g � � y � �3N tf ,'.. 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Q ••`R � iiS��f 22 2/t`` 3c 6 ti A gi �` fO r� 2a� : ,tn�2 � � N � 'Q9� t, r ,�..�u i9 2 z . ��"' :�.ss�o : zs .. :• 2a • ` � p.f � 9 :�26 ' /7 .(1� 2 /� l I ( p 1e z7+ • /6� • •Z/ � � /.� T �s • ' =(27 8 . �3;. � 1 , ' C c+)= z9 �. �/q ; :�,)�9 • � � � �1)9 : 3c � /3: _ ^ 12.ss LOCATION MAP � �. � Planning 4/ 15/94 , 5/20/94 SP �694-05 MAILING LIST Council 7/6/94 Gordon Hedlund Gordon Hedlund Donald Engebrit Roger Holmgren 1255 Pike Lake Drive 60 Logan Parkway N.E. 8001 Riverview Terrace N.E. New Brighton, MN 55112 Fridley, MN 55432 Fridley, MN 55432 Al1an Stahlberg Kim Hudyman Daniel McShane 8055 Riverview Terrace N.E. 641 Cheryl Street N.E. 8021 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Lindquist N1. Dwight Just Dennis Prince 7941 Riverview Terrace N.E. 661 Cheryl Street N.E. 8031 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Constance Clark Monte Maher ponald Reitner 630 Cheryl Street N.E. 7965 Riverview Terrace N.E. 684 Ely Street N.E. Fridl.ey, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Clark Nason Steven Lipa/Curr. Res. John Koczur 614 Cheryl Street N.E. 7995 Riverview Terrace N.E. 680 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, M� 55432 Michael LaFave Steven Lipa� Janis Lowry 640 Dover Street N.E. 8249 Thomas Avenue North 625 Dover Street N.E. Fridley, MN 55432 Minneapolis, MN 55444 Fridley, MN 55432 � Robert Kudla William Erickson James Tichy 688 Fairmont Street N.E. 650 Ely Street N.E. 631 Dover Street N.E. Fridley, P�N 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Kohls Douglas Cook Dale Tyson 640 Cheryl Street N.E. 630 Ely Street N.E. 641 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Steve Adelmann Dale Dickson Current Resident✓��' �� 8080 Broad Avenue N.E. 600 Ely Street N.E. 665 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Rutherford Gerald Kostohryz Current Resident 610 Dover Street N.E. 609 Cheryl Street N.E. 8041 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Padilla Gerald Boots John Rice 670 Dover Street N.E. 615 Cheryl Street N.E. 696 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Floyd Bradley� • George Korich Richard Cook 620 Dover Street N.E. 687 Dover Street N.E. 690 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 � �; Y SP �694-05 Gordon Hedlund Page 2 Jean Werner 655 Ely Street N.E. Fridley, MN 55432 Jack Smith 640 Fairmont Street N.E. Fridley, MN 55432 Michael Scarcella,�{,��` - 8090 Broad Avenue N.E. Fridley, MN 55432 Stev Adelma n 8080 oad Av nue N.E. Fridle MN 5 432 Michael Malone 635 Ely Street N.E. Fridley, MN 55432 Donald Lerum 651 Ely Street N.E. Fridley, MN 55432 William Wagner 681 Ely Street N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members � : • . � , . . MEMORANDUM TO: William W. Burns, City Manager PW89-375 � FROM: John G. F1ora,� Public Works Director DATE: October 6, 1989 SUBJECT: 614 Cheryl Street A few weeks ago, we experienced a sanitary sewer backup on Riverview Terrace which affected the residence of Mr. Charles Nason at 614 Cheryl Street. Based upon a telephone conversation with you, he indicated he had experienced a number of backups and was requesting some assistance to correct the problem. We have reviewed the records and found the resident has had eight (8) backups since 1973 , five (5) of which were a result of sticks and roots in the system and three (3) were a result of power and system outages at the lift station at 79th Avenue and Riverview Terrace. As a result of this information, we have reviewed the sanitary sewer line and residences along that segment of Riverview Terrace and adjoining streets to determine if there were any construction . or design problems in that area. It appears that the resident at 614 Cheryl Street is only about one foot above the main sewer line on the street and less than eight feet above the lift station invert on that system. Accordingly, if any blockage or downtime should occur, the resident at 614 Cheryl Street is the first home to experience a backup. All of the other homes that we have been able to identify have services substantially higher than his. I have contacted Mr. Nason and informed him that the City will be installing a backflow preventer on his service withix� the next two (2) weeks. This backflow preventer should eliminate 95 percent of any sewage backflows into his residence and, hopefully, resolve the problems that have been occurring over the past number of years. JGF/ts cc: Ralph Volkman � ' GlY OF FRI DLEY 12.85 � - _ CtTY OF FR!DLEY FRIDLEY MUNICIPAL CENTER •G=131 UNIVERSITY AVE. N.E. FRIDLEY. MN 5�-13? • (61?) 571-3-150• F�X (612)571-122{7 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 � � . • . � ME MORANDUM TO: Barbara Dacy, Community Development Director PW94-122 FROM: Scott Erickson, Asst Pubiic Works Director�� DATE: April 15, 1994 SUBJECT: Preliminary Drainage and Grading Review of Lots Located at 7915 Riverview Terrace, 665 Dover Street, and 600 Cheryl Street The following comments are based on the grading details and elevations provided by the property owner and a site visit made on Monday, April 11, 1994. 7915 Riverview Terrace 1. A structural engineer will need to design and approve the proposed retaining wall. 2. Provide a minimum 5-ft-wide drainage swale along the south and east properry lines. Specific elevations and percent grades shall be shown for the drainage swales. Install rip-rap at downstream end of swale. 3. An erosion control plan shall be submitted and approved prior to building permit approvaL 4. A 10 ft easement for street, utility, and drainage purposes will be required along Riverview Terrace. 665 Dover Street 1. A well defined drainage swale will be required along the back and side lot lines. It will be necessary to show elevations and percent grades for the proposed swales. The lot will need to be graded such that it accepts the drainage from the property to the north. 2. An erosion control plan shall be submitted and approved prior to the issuance of a building permit. � 12.87 `°`-�' � April 15, 1994 Page 2 600 Cheryi Street 1. Provide a minimum 5-ft wide drainage swale along the south and west property lines. Elevations and percent grades will need to be shown for the drainage swales. 2. It will be necessary to ensure the drainage from the property to the east is adequately addressed. Elevations will need to be shown along with the necessary grading issues addressed. 3. An erosion control plan shall be submitted and approved prior to the issuance of a building permit. SE:cz 12.88 DPdF P1E?�'_� FE�;iI�PJ k=:� TEL � f= 1�-��-��i;; Hpr �_, ��4 1� c�`_ f'�Ir� . �i`_ � F' . ��i1 STATE OF U\J L1�1 �c��`--fJ U L�`—'.� DEPAI�7M� NT �F NATURAL RES�URCES ,Met�o Wa,ters, �.200 'WA�'ner �td. , St. Paul, Mt� 55106�ENo. PHON�WO- 7��-7��.� Apri1 26, �g�� Ms. Michele McPYrerson, Planni.ng Assistant City of �'r.idley 6431 University Aveiiue N.E. Frid].ey, MN 554:12 RE: G4RDQN HED]uUND SP��IAZ+ �JS� pERMIT, FZLL IN THE FLOdd FRXNGE FOR RESIDE2ITIAL �ONSTRCJGTI4N, CITY QF FRiDLEY, ANO�CA �OUN`Y'Y D�ar Ms. McPher�aon: z hav� reviewed �he ma�erials you sent for the 3 lats praposed to b� f��led by G�7rdon Hed�und fax residentia� construation« The pxaposa� app�ar's to be �ansist�nt w�th the City's tloodplain flxdin�nce. we have no abjec�ians �o the issuance of the special use permi�t�. Please be 2►ware that on�e th� f�ll is in and tha hames built, the praperty technically rema�ins in �he �loadpl�iri until the map is revis�d throuqh a Le�ter of Map R�vision (LOMR} �nd the City adopts the revised m��p witb an vxdinance am�ndment. The arclinance amendment �hen naeds DNR approval. The main benef it oF the Y,OMR is to remove �he flood insur�nce reqviremant for ��ructur�s bui�.t in �h� flo�dplain �nd financed w�th faderal Cidllars. Thank you for tYie oppor�.uni.ty to �omm�nt. P1e2�se fe�l �zee to �a11 me if you have any qu��ions. Sin�erelY, , � Tom Hovey Axea Hydrol gi��t Post-It'"brand f�x transmittal mem�7671 a ot Peq�s . to ��.�r °l� �G� ' Fror�rrs� O � 1 Co. ` o. n �. �. �,� Dept. 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V�105� _ S��,,.c,�-�.c�es ��- Zo r a � Io ( �c 5 u� � �c w4 S tY� �v�i�11�-=,�.�--r� o� ��,c��- ��o�D�s _c�o.S� s� `s �� :�'�, d��, �5� �.� ��c�d�� _ - _ __ _ - --- --- ------ �P�. �L.�P�'� ------_--- ----- --_�---------QI�-�'_��---------- --- -- --- ----__ --------- - -- - --_ _ _ __ �ri �--_-�'�•nc+ i�--�v`�__� �_c��iS_ _ -- .------ --------- . . - -_ : _ __ _ �v✓A�� _ ( � c✓�- �iec'hov�. _a�___I0�!� � —�-- — ----__- ------ _ - _ _ _ _ _ _ _ _-- _ - -- — --- , �_.._�-�Xv ' _ _ _ __ _-_ Y_�vl�_ __wa�� _ � . ___ - - - _ _._ _._ _ _ _--_ _ _- � � _ --� ow�-.�--� _ �c��' _ -_ _ _ __ � -� � �._�� __ __ __ __ _ _ _ _ --- -------- _ _ _ _ -- ►�� ,�� _ _ �,-�-_ _ �n . _ , . . — ------- - -�,��.-�.. � w _ ��+- ►�� ._ . _ - ----- _ _ - -�------ _ __��+_--�� .��_ _ __ --- ___ _:_ _ _- - - __ _ __ _ l� __�b�� , _ ___ -- -- ___ _.__ _____ _--- ------- , ----_ ___ _�_ _ _ ___ sw�,� - - -- - �� ------- _ �`�l�' _��_�e��e�-`1�,��-ce� _ _ _ __ _ __ _ _ _ _- __- -- ----___. . _ _ _�ya�_ Y�ir�i �a,(,� �� __ � 5�__�/c�(� _lo_ �d.c__o��__�e/a..�l__��,�.t��uv��'_-,�.�- ------ �---_ , __ __ ___ _ _ 1� I� _ �� ,L �<__ __ __- (��_ _ _ __ __ __ - _ ------___ ___ _�o�a.�. c�r��U a-� _ _ _ _ __ _ _ _ _--- _ -__- � --------- � ---------------e�-_L�-_1� � -- -f- __ ____-- ---- -- E ---l. ---------- --- , __-- ---- — � —._ � � � � � � ----}-------------- — - — ---------------------------------- � — ---- —— --- -- — —. —`_— -- -- ------ ---- --�--- -- ------ ----___ _ --- - _ __--- ------- --- ---.— _-- - ----- i COF MEMO TO: Barb Dacy, Director of Community Development FROM: Leon Madsen, City Asessor SUBJECT: Gordon Hedlund properties in Riverview Heights DATE: May 19, 1994 In regard to the Special Use permits being sought by Gordon Hedlund, in the Riverview Heights area, I have the following comments: From my prospective, as Assessor, I think getting these parcels built on will have a very positive impact on the surrounding neighborhood, and especially the properties closest to them. There have been at least 2 similar situatuions, in this same immediate neighborhood, at 7995 Riverview Terrace and 600 Ely St., both requir�ng relatively major elevation adjustments that have, apparently, been done very successfully. Certainly, the general consensus of the real estate market, is that better homes in a neighborhood tend to increase the general level of value. There is no doubt that the insurance of proper drainage, from the proposed sites, is of primary concern. But there can be no legitimate basis for the statements made, that building on these parcels will be detrimental to the value of the surrounding properties. If done according to code and with a reasonable attention to design, I would be of the opinion that values could only improve. It would not be my intent to increase values in the area, because of these new homes, until resales came thru to provide a measurable basis. Mr. Hedlund acquired these parcels thru tax forfeit property sale in 1970. At that time, such properties were not offered to neighboring property owners, before putting them on sale to the general public, as is current practice. However, if Mr. Hedlund were not allowed to build on these parcels, I would imagine he would just let them go tax forfeit again. In 4 years, the County would offer them to the various governmental entities for whatever legal purposes desired, and then to the adjoining neighbors. The asking price would be what the sites are currently assessed at. If neither of these are successful, the sites would be put back on the public block. I would suspect that, if Mr. Hedlund was unsuccessful in obtaining permission to build, no one else would want them either. Ultimately, the sites will most likely end—up back off the tax rolls. 12.86 . � . � .. ME MORANDUM TO: Barbara Dacy, Community Development Director PW94174 FROM: John G. Flora�Public Works Director DATE: May 23, 1994 SUBJECT: Gordan Hedlund Issues In response to your note, the following information is presented for the Planning Commission meeting of June 1, 1994. The Coon Rapids dam is experiencing some maintenance and construction requirements. At this point in time, Hennepin and Anoka Counties are discussing who is responsible and what type of improvements will be made. The dam is functioning as a control mechanism of flows down stream. The City has requested that the DNR and the Corps of Engineers initiate a new flood study of the upper regions of the Mississippi in order to incorporate some of the changes that have been accomplished in the river system over the last few years. Due to the cost, a study has not been completed but there continues to be discussion about a need. Sewer backups in the vicinity of Cheryl and Buffalo Our records indicate that there was only one backup at 641 Buffalo in September, 1989. There have been nine backups at 614 Cheryl Street as a result of the structures basement elevation. In 1989, a back flow preventor was installed in the line in an attempt to reduce the backup into the property. Since that time, one backup occurred when the overall system was being checked by the check valve. We are interested in reviewing the Hedlund plans for drainage within the area. JGF:cz � €�a� 12.84 , RUBERT A.GUZY PAMELA M.HARRIS BERNARD E.STEFFEN CHARLES M.SEYKORA RICHARD A.MERRILL WILLIAM M.HANSEN DARRELL A.JENSEN DANIEL D.GANTER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER Barna, Guzy & Steffen, L��. GREGG V.HEKRICK JON P.ERICKSON JAMES D.HOEFT LAWRENCE R.JOHNSON JOAN M.QUADE DAVID A.COSSI ATTORNEYS AT LAW SCOTT M.LEPAK THOMAS P.MALONE STEVEN L.MACKEY MICHAEL F.HURLEY 400 Northtown Financial Plaza DAVID M.WEIGEL VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING HERMAN L.TALLE Minneapolis,MN 55�}33 WILLIAM E HUEFNER ROBERT C.HYNES (612) 780-8500 FAX(612) 780-1777 '93s-'993 Writer's Direct Line: (612) 783-5124 MEMORANDUM TO: Barbara Dacy Community Development Director City of Fridley . r FROM: Virgil C. Herrick � -� City Attorney .�; ��-�; City of Fridley SUBJECT: Height Restriction as a Stipulation in Special Use Permit Requests, SP #94-03 , SP #94-04 , and SP #94-05, by Gordon Hedlund, Petitioner DATE: May 24 , 1994 I acknowledge receipt of your Memorandum of May 23, 1994 regarding the above subject. I have reviewed your Memorandum and the Minutes of the Planning Commission Meeting of May 4 , 1994 . You asked the question whether the City has authority to impose a condition on a special use permit that would limit the height of a single family residential structure to less than the limit contained in Section 205. 07 . 04 A. Mr. Hedlund has made application for a special use permit to construct a single family home in a CRP-2 District (Flood Frin�el _ This is a pe.r_mitte� �se »n�er ce�tion 2�5. 25. �� D, u��n obtaining a special use permit. There are general legal principles that apply to the issuance or denial of all special use permits. Among these are: 1. That the enumerated use is a permitted use. 2 . Denial of a special use permit must be for reasons related to public health, safety, and general welfare. 3 . That the burden for denying the permit rests with the City. An Equ1�or�Employer t Barbara Dacy May 24 , 1994 Page Two 4 . Denial must be based on evidence presented to the Council and should be contained in findings of fact made by the Council 5. Esthetic concerns of neighboring landowners is not considered to be a serious health, safety or public welfare consideration which will justify denial of an application for a special use permit. See Luger v. City of Burnsville, 295 N.W2d 609 (1980) . A municipality receives its zoning power from the State Legislature. Minn. Stat. §462 . 3595 gives the Council authority to issue conditional use permits. This Section p?-ovides in part as follows: "Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. . . " This Section goes on to provide: "A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this Section shall prevent the municipality from enacting or amending official controls to change the status of the conditional uses. . . " The City of Fridley has in its ordinances adopted both general criteria for issuing special use permits and specific criteria for permits to be issued in the flood fringe District. The general criteria are contained in Section 205. 05. 04 and the specific criteria are contained in Sections 205. 25. 04 and 205.25. 05. It is clear that the City can impose reasonable conditions when issuing a spec�a]_ use nermit. I have ex_amined the Sections of the Code to identify those that might apply to the question of restricting the heights of single family structures. Section 205. 05. 05 F enumerates considerations to be applied in determining whether the City shall issue a conditional use permit. One of the criteria to be considered is: "Will (it) seriously depreciate surrounding property values. " This is a fact question that would have to be determined on a case by case basis. If the City were to reject the application for a special use permit because the height of the proposed structure was substantially greater than the adjoining buildings, it would have to receive testimony regarding the devaluation of the adjacent 12.81 , � Barbara Dacy May 24, 1994 Page Three properties. The Planning Commission and the Council should bear in mind that there are many instances in the City where there are two story structures adjacent to one story residences. If this reason is to be used for denying or limiting the conditional use permit, it would be necessary to differentiate between the situation in the existing applications and other situations where differences in height between adjacent residential structures exist. 12.82 �OBERT A.GUZY PAMELA M.HARRIS �BERNARD E.STEFFEN CHARLES M.SEYKORA RICHARD A.MERRILL WILLIAM M.HANSEN DARRELL A.JENSEN I � DANIEL D.GAN I'ER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RL'SSELL H.CRO�'DER Barna, Guzy & Steffen, L��. CRAIG M.AYERS JON P.ER[CKSON GREGG V.HERR[CK LAWRENCE R.JOHNSON )AMES D.HOEFT DAVID A.COSSI ATTORl�,'EYS AT LAW JOAN M.QUADE THOMAS P.MALONE SCOTT M.LEPAK MICHAEL E HURLEY 4OO NOrt�ltOWri F1ri1riC181 PIaZ1 STEVEN L.MACKEY VIRGIL C.HERR[CK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING HERMAN L.TALLE Mlririeap011S�MN SS433-S4c�9 WILLIAM E HUEFNER ROBERT C.HYNES (612) 780-8500 FAX(612) 780-1777 �93s-'993 Writer's Direct Line: (612) 783-5124 MEMORANDUM TO: Barbara Dacy Community Development Director City of Fridley Michele McPherson Planning Assistant City of Fridley FROM: Virgil C. Herrick ,3 j�'' City Attorney � ;;;�`�� City of Fridley ✓ SUBJECT: Gordon Hedlund Special Use Permits DATE: June 16, 1994 This Memorandum is in response to our discussion on June 16, 1994. You asked the question whether the City could deny a special use permit on single family residential lots because of problems in the sanitary sewer system and because of storm water runof f. It is possible that under some circumstances this might be a valid reason for denying a permit but under the facts as I have been given to understand them I do not think it is applicable to tnis si�cudtiuiY. I have reviewed the Memorandum from John Flora to Barbara Dacy, dated May 23 , 1994, that appears in the Fridley Agenda of June 20, 1994 on Page 12 .84. In that Memorandum Mr. Flora indicates that there have been some sewer backups at 6441 Buffalo Street and 614 Cheryl Street that have resulted because of the levels of the basement elevation. He also indicated that a backflow preventer was installed at 614 Cheryl Street which has succeeded in preventing all but one backup since its installation. It is my understanding that because the homes on the Hedlund lots would be constructed at a higher elevation that they would not be subject to sewer backups. I do not have any information that An Equal Opportunity Employcr . Barbara Dacy/Michele McPherson June 16, 1994 Page Two would indicate that the construction of the homes on the Hedlund property would adversely affect the present conditions on the two properties mentioned above. Even if there were some adverse affects, it is my opinion that the City should modify the system rather than deny a property owner the right to construct on their existing properties. You also inquired about the storm water runoff from the Hedlund lots. It is my understanding that a professional engineer has designed a storm water drainage plan for these lots. I further understand that the City Engineer's Department has indicated that the drainage plan is acceptable. If these are the facts, I do not feel that they would justify a refusal to grant the special use permit. The City of Fridley has zoned these lots for single family construction. They require a special use permit because of the fact that the lots are in the flood plain. It is my understanding that the reason for the special use permit is to make certain that the construction is above a certain minimum elevation. If the proposed construction meets the elevation requirements, it is a permitted use. The burden of proof for denying the special use permit rests with the City. As of this time, I have not seen sufficient evidence to justify a denial of the special use permit. _ C��F FR!DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612)571-1287 October 11, 1994 Mitch Moe Counselor Realty 7766 Highway 65 NE Spring Lake Park, MN 55432 Dear Mr. Moe: Enclosed please find three hold harmless agreements and one easement document for Marian Hedlund's signature. Execution of the enclosed documents will complete one stipulation from each of the three special use permits; SP #94-03, SP #94-04, and SP #94- 05, wYiich were approved on September 6, 1994 by the Fridley City Council. Please have each of the agreements signed by Marian and notarized. If necessary, the City can provide the notary � services. If you have any questions regarding the agreement or the easement document, please contact me at 572-3593 . Sincerely, Michele McPherson, BLA Planning Assistant MM/dw C-94-267 _ _ . Ct1Y OF FRtDLEY 's FRIDLEY MUNIC[PAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287 November 2, 1994 Mitch Moe Counselor Realty 775 Highway#65 N.E. Spring Lake Park, MN 55432 Dear Mr. Moe: , Enclosed please find two of the three agreements signed by Marion Hedlund for the properties located in Riverview Heights Addition, Fridley, Minnesota. These two agreements have not been recorded at the County due to the notes indicated on the form from Anoka County Property Record Department. As there are a number of legal steps required to be completed in order for the document to be recorded under Marion's name, I am forwarding the documents to you to be recorded. The City has retained a copy of the executed documents, and will not issue a building pernut on these properties until such time as the document has been recorded. Proof of i recording should accompany any building pernut application. If you have any questions or concerns regarding the agreements or, if you wish a new copy of the agreement, please contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:da Enc. C-94-285 CITY OF FRIDLEY COMMISSION APPLICATION REIVEW ------------------------------g------------------__ File Number File Date Meetin Date 9 4/8/94 5/4/94 ---------------------------------------------- File DescriptiOn: SP ��94-05, by Gordon Hedlund, to allow construction in the CRP-2 District (Flood Fringe) on Lots ]3, 14, 15, and 16, Block V, Rivervie eights . ________________________________________________ �� Complete Review Checklist and Return To The Community Development Department , ' n �1't/�• *** Comments *** � � � Barb�ra D. v � � � � � Eleva,-�io,�, co.�{i-�� ✓►►��d,. M i che 1 e . _ ��✓'��-�etR a..�. lu�' �i M. ,` + - - >� ��-. �;-��- �� (,a� �cs�!��- , � . . � �� -� � - � '� scott E. . `�/� '-' ;., ,,,,Q�c�s 9�.� 5 (�3) � > - �� 1� P� G a,..,..,r,f .S h lc� -�"1 John F. /� �/�� _��r �=� "'�L, '�� "j '�- . , � , � �-�'�- �� I.� John P. . . �,C�C�_ . l. - -� �' /I n �� '� V /�� Clyde M. �� `7 `�-1 . 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J� � f�� _ - i � i �J � / 1 � \ y ' ' � l O�1lfff� G N�`0-� � � ��'0�� ,��7 `' �5°24 i - � �\v\ — J ,p' �' — \w� � V — I .�'pA •` � �c"� ` � � L.7 •rf' yt� ( .�l Q I �,�` r `� �� \ J u) �� '�a � � � -;�. � ��,t� tv �t ,�� .� � �,; , p � ��, , K \ .�,Lp1{ Y�a..i'�1� �'� � �� y'_' ..J SP ��94-05 Gordon Hedlund I , �g - ,�� :.•� �-�� , �� , .�:� �� . �. � .� F � � U � i � ,r I �"J� �� `�> �. � � , � � � �,� •�.-., ,�, � ,.� �., .� �.� , CITY . .�1, :�; � � �r� OF .� � � `�� THOMPSON` J �-. "� �"� `r�' � R/V£RV1EW \' � �.,�• � J � • �"� i HE/GHTS O -j ., '� � :� � � � �^� .�, � ,�,,, � ' � (A � � ti,y ,r `�~� -. �,.; �;;,} � , � �• �I I�1Q ' � ;,� C � P ` ° �S � � � � A Q '. IRONTON REET I28 �'-' .C�i UI , H R �4 L 2 0 � � '� 6 s 3 � �� 2 � Q S PR I�i � saa�. ' n`/ I ., BPR OOK � �' , � K Y .i ; e a • S /�� \, �� ' , {.� !' 1 B / � (7 � e+ F ; T +y+ z A E � GLENCO ; � � +� + 3 ` ' s �`r � PA e + s z , ; �r�n , 5 + , R;� i , . T + � �� . I ' ,� +:� E( ' � Z � N �p ; ' + -+ E� _ .o � � �, �::.� , � T� � 9 '_ � � �_ y . � *� 4 i� � /� ✓ 1� v4��/,��^` � M�RF S �!► 2 �ly��. / �r J/s' (l � E�Y aR. � E�r ,` •. � � �oY 9 � 1 Q � r� s � �,�� . I ' `` � W � � � � $ � a � ` L ��, l.l BERTY gT Z ` y� ,�� , �ree � _ , ,. � � , Q ' � x �� LONGF LLOW '�� \ ; � � � J� � �� ` , � y z ,.,.,; . ..� . . . . . . . ., ..,. . . 4 . , , _ . . . � � � .. . �� . �: : � •. � � �k J, ,q�_ •w . .� . ,�,�; -•�,y • �• RI V E R�TI.�W , i-: �� i�' ti ,� '��• � ga - • � -�.-•--�-•- : . . , � � .�� . .�.�•�•�•�•�• -�:�• FtEIGH �'� : , \, 4.r �•1l- , DISTRICT LEGEND �1 % },('�� R-1 ONE FAMILY OWG'S ❑ M-1 LIGMT INDUSTFIAI � \\ \ W.'-P�� p-Y TWO FAMILY OWG'S ❑ M-Y HERVY INDUSTPIAL � N \ � � F� �v- � �� Q `� p-J GEN.MULTIPLE DWG'S � PUD PLANNED UNIT DEV. � ~\ � �� ' R-♦ MOBILE NOME PARK � S-1 HYDE PARK NEICNBORHOOD 0 � �Y �c �t..�� lj J V PUBLIC FRCILITIES � 5�2 PEDEVEIOPMENT DISTRICT ��r `^+ 0 O-1 CREEK 8 flIVER PNESERVATION C-1 LOCAI BUSINESS � T � � C-2 GENEqAL BUSINESS � O-2 CRITICAL AREA � C-9 GENERAI SMOPPING � C�R1 GENERAL OFFICE ❑ �ACATED$TREET$ .�'_' •67 ZONING MAP }' U K (aCe'��}� ��%�='WN u huf+T�i SURVE.T I N0. i NC, o . I RON IAONUh1ENT I r1EREBY fERTIfY TNAT TNIS SURYEY. PLAtI OR REPONT �+Uo2 �EFFERSOn sT. N. �p94-05 BEARINGS AR£ QN AN ��S P R E P A A�D BT 1:Y UR �ER YY DIfiECT SUfiVENVIStON �ULl.h�b1A i+Ei�++Ts• �+"� �o��n He d lu �uo Tt+�T i �++ � D�x.Y KEOISTER D ��uvD SURyEYOk UtrUEK io�2i �tla•9 7o 9 F�x 16�21 � A S�S�UMED �ATUM T�5 Of Si 1E YI 50TA. c a�o�� = c�u7�►K� SPoT Gi.Ly. M I NNESO A REG i STRAT I ON NO .2QZ-�o P�•O��C-� —�=8u��.o►N�, 5�-cBt�c.K �-��I�CC_--� C�� : R��o vt�-�A�� M� � P'tGA'S✓�:D .. 6�:t�ILHMA'�-K�� ToP NvT NYD��T AT . WRo�Q �- �ovCtR AV�.. --- �tK--�G`�[�4'�1t�lc•� LONTOJ1rZ ��v•" �2�t.�9 �N�,.�,�.-wZ�� zv =Q�OPoS�:^DC.O.►y��-. loo y�A� F�o = �Z3.\ _� - ��11�1�j(; M�N,�Ow u�T F�.00e= `�uZ.�-1•\ �2� _ �R�Po E��VfETIOht ��IYE�-C 6PA�-�� ,c �"67'` � �; /�ti�. t'b?�%� 100 �k-� s _ _ c�� , � C�) - - Q� ;;a � ?�''��, � �� r `� �,� �$L°, � z� � �•�l b ,— ,^ �� Fo�Nv ,.� — x � �'1 � x 8�. 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H.E. �RaN AIONU�AENT :' w�5 PRE►ARED Blr �Y OR UrWER MY DIRECT 8uRVERVISION COLu.�BIA ►�EIclHTS. 11N. 55�21 BEARINGS ARE ON AN AI� THAT 1 AA1 A DULY REOISTER D IANp SUR�EYOR UNDER 16121 76tl-G�69 FAX I6121 789-T602 ASSUMED OATUM T S OF ST 1E MI 90TA. MI NNESO A REG I STRAT I ON NO .Zoz7o PR�pQ�j�� `�O� " t'�'"'Ny S�T G`.cy. G�K f��l�CL-� —�"._=�,..o�N�, 5��ar��►c R) = RGc�eo v�5-r AHc� BCNLHMAQK'� ToF NvT KYD=��T A�' �M�� ` NrGAS✓�D �` �RoAQ � �oVER AV�� -- WIQ---=G`R�4'�'1Kcr1GONTOJi� C�C:V,' �2�,4��j tN�Gv,a.-laZ9� Zc� =Q1?.UPV�j(.:4"DGO,AI��Q-. 10o yCAQ Fwoo ; �2.3,\ MIN,�OW�bT Ft.002= $Z�l�� —�� 'D��N�'x' (I.IVE�E SPJ��G� � --•�t � , k �� gti�y� � 100 (R� , � i -- — Q� • � (r'`� .�' _ �a e ��20� � ,gZo,� � ? �$La�' �I� � ` .. O� Ftx��D . F0�7ND (� � -- '�� N/ � � 1 �-i '', G�` '� �.� � i � 7 I ' '� � � �x � u J 2..2 ,.i x� � --�.'_. �� _ - -- ----- _ -_ _ _ _ - oa ,�—r-" s c,eNA 9,S i o - - - — - - - �o' u� �8�� \ � � ' ��'\�•�/ _i�°'ti% _ � � 'cOt' Bl. c.K-gZy.1 �. 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BEARINGS ARE ON AN MAS PRE►ARED BY YY OR UNDER YY DIRECT SURVERVISION COlUA1BIA HEIl3HTS: MN. 55��1 APq THAT I AM A DUIY REQISTER D LAND SURVEYOR UNDER 1612) 798-9769 FAX (8121 788-7602 AS S U�IE D DAT UM TH 5 OF ST TE MI SOTA. «� = tx�-��Nu Sa�T ��cy. M I NNESO A REG I STRAT I ON NO .2oZ�o _ _ _`�`�D�� y�T$�`K �R� = Q.CGOQO ��`�T ANGI: BGNGHMAQ.K'• ToP NvT NYb�A'NT AT �µ� ' MGAS��-�:+� " 0RoA0 � �oVER AVi., . �.. �1�t--�=CI��STll�fc�-� GONT�JrZ c�cv.' ?,2�I,�q (N,Gv,o.-�Z�� too y�AQ Fi.,ono � ¢3Z3 ,� M►N.�Ow�ST Fwoe= $2N�1 (u vE,��-E s p n�`c� c��JX !bti�'ti�'` i oo CR� ; - - Q�=l . �j (r'`)- - Q°r �a \�o�� gZo,S) �` � �$La�� ..� � � �' Fou..� Fo,,u v �N/ . 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The petitioner shall obtain a license as �quired in Chapter 32 of the City Code and comply with th seven standards of the proposed ordinance amendment. 4 . This special use permit is for t e daily sales of mini- doughnuts only; additional sal shall obtain the appropriate licenses or special use per '' s as governed by the proposed ordinance amendment. Ext sions to the sale period shall be approved by the City Co cil. UPON A VOICE VOTE, ALL TING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION RIED UNANIMOUSLY. Mr. Turner state the first stipulation states the dates of operation from ay 1 to October 1. Is it possible for him to start workin anytime soon? Ms. Dac stated the petitioner is asking to start the operation prior o City Council approval which will not be until June 20. Sh suggested he write a letter which she will pass on to the ty Council. 3 . PUBLIC HEARING: 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 Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13 , 14 , 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue. MOTION by Mr. Oquist, 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, VZCE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the Planning Commission has before them requests for three separate lots in the Riverview neighborhood. As each lot is unique and the issues different for each parcel, the requests will be presented individually. Ms. McPherson stated the first request for Special Use Permit, SP #94-05, is for 665 Dover Street. This property is located approximately 160 feet east of Riverview Terrace on the north �2.7� . � PLANNING COMMISSION MEETING, MAY 4 . 1994 PAGE 8 side of Dover. The property is zoned R-1, Single Family, and is vacant. The property meets the minimum lot area requirement of 9, 000 square feet as it has a lot area of 10,978 square feet. The code requires a minimum lot width of 75 feet. The subject parcel has a lot width of 99.5 feet. The petitioner does not have a buyer for this lot; however, the surveyor working with the petitioner indicated the proper setback requirements for the lot on the site survey and has identified a house pad which meets the setback requirements. There is a 30 foot by 40 foot dwelling unit proposed for this lot which meets the setback requirements. Ms. McPherson stated the special use permit request is to allow construction of a dwelling unit in the flood fringe area. A portion of the Riverview Heights neighborhood is in the flood fringe area and is regulated by local ordinance and Federal regulations to require construction to meet certain flood avoidance regulations. The regulations require the first floor elevation of habitable living space be one foot above the 100- year flood level . On this parcel, that elevation is 823 . 1 feet above sea level. The petitioner is propo.sing a first floor elevation of 824 . 1 feet. In order to insure that the construction meets the minimum flood elevation requirements, the ordinance requires the petitioner to submit an elevation certificate submitted by a registered surveyor verifying that the first floor elevation is at the proper elevation. This needs to be done prior to the foundation being capped and construction continuing on the dwelling unit. Ms. McPherson stated the petitioner has proposed a garage elevation of 822 . 1 feet. The garage is considered an accessory use, and accessory uses are permitted below the 100-year flood elevation if they meet certain standards: 1) They are not for human habitation; 2) They have low flood damage potential ; and 3) Structures are firmly anchored. The ordinance also requires that the portion of the accessory structure that is below the 100-year flood level needs to be flood proofed in accordance with current Federal and State regulations. Ms. McPherson stated the ordinance also requires the fill needed to bring the first floor elevation up to the required minimum extend a minimum of 15 feet around the dwelling unit. The petitioner has proposed the required 15 feet of fill. As a result of the fill to be placed on the lot, the drainage patterns on the subject parcel will change. Currently, water flows from the rear to the front of the parcel, east along the curb line of Dover Street to a catch basin, and then through a pipe and westerly to the river. As a result of the fill being placed on the site, the water would then flow around the fill being placed or towards the east and west property lines and then south to the street. In order to direct this water from flowing to adjacent properties, well defined drainage swales will need to be constructed to direct the water in the proper direction. Staff - PLANNING COMMISSION MEETING MAY 4 1994 PAGE 8 side of Dover. The property is zoned R-1, Single Family, and is vacant. The property meets the minimum lot area requirement of 9, 000 square feet as it has a lot area of 10, 978 square feet. The code requires a minimum lot width of 75 feet. The subject parcel has a lot width of 99.5 feet. The petitioner does not have a buyer for this lot; however, the surveyor working with the petitioner indicated the proper setback requirements for the lot on the site survey and has identified a house pad which meets the setback requirements. There is a 30 foot by 40 foot dwelling unit proposed for this lot which meets the setback requirements. Ms. McP�erson stated the special use permit request is to allow construction of a dwelling unit in the flood fringe area. A portion of the Riverview Heights neighborhood is in the flood fringe area and is regulated by local ordinance and Federal regulations to require construction to meet certain flood avoidance regulations. The regulations require the first floor elevation of habitable living space be one foot above the 100- year flood level . On this parcel, that elevation is 823 . 1 feet above sea level. The petitioner is propo.sing a first floor elevation of 824 . 1 feet. In order to insure that the construction meets the minimum flood elevation requirements, the ordinance requires the petitioner to submit an elevation certificate submitted by a registered surveyor verifying that the first floor elevation is at the proper elevation. This needs to be done prior to the foundation being capped and construction continuing on the dwelling unit. Ms. McPherson stated the petitionex� has proposed a garage elevation of 822 . 1 feet. The garage is considered an accessory use, and accessory uses are permitted below the 100-year flood elevation if they meet certain standards: 1) They are not for human habitation; 2) They have low flood damage potential ; and 3) Structures are firmly anchored. The ordinance also requires that the portion of the accessory structure that is below the 100-year flood level needs to be flood proofed in accordance with current Federal and State regulations. Ms. McPherson stated the ordinance also requires the fill needed to bring the first floor elevation up to the required minimum extend a minimum of 15 feet around the dwelling unit. The petitioner has proposed the required 15 feet of fill . As a result of the fill to be placed on the lot, the drainage patterns on the subject parcel will change. Currently, water flows from the rear to the front of the parcel, east along the curb line of Dover Street to a catch basin, and then through a pipe and westerly to the river. As a result of the fill being placed on the site, the water would then flow around the fill being placed or towards the east and west property lines and then south to the street. In order to direct this water from flowing to adjacent properties, well defined drainage swales will need to be constructed to direct the water in the proper direction. Staff 12.71 PLANNING COMMISSION MEETING, MAY 4 1994 PAGE 9 is recommending that a grading and drainage plan stamped and signed by a registered civil engineer be submitted by the petitioner prior to any action being taken on the request by the Planning Commission or City Council. The surveyor has indicated general drainage on the site plans; however, there are no spot elevations or slope percents with which staff can verify the drainage plan as submitted can function as it should. Ms. McPherson stated the petitioner would also need to submit an erosion control plan, which is required by Chapter 208 of the City code. In the past for similar requests, the City has requested the petitioner execute and record a hold harmless agreement to release the City from any liability should damage occur due to flooding as the result of the City's approval of the special use permit. Ms. McPherson stated there are some miscellaneous requirements associated with this request. There are a number of mature trees located along the west, north and east lot lines. These mature trees are an asset to the parcel and attempts should be made by the petitioner to preserve as many of these trees as is practical . The subject parcel is composed of four 25-foot lots which have been assigned individual Property Identification Numbers (PIN) with a tax statement being issued for each number. The Assessor has requested the petitioner combine these lots into one PIN so the new property owner would receive one tax statement. The petitioner has complied with the requirements of the Ol district regulations. However, staff is still concerned that the stormwater runoff be properly addressed by the petitioner. Ms. McPherson stated staff recommends the Planning Commission conduct the public hearing in order to receive testimony from the adjacent property owners but table its decision until the petitioner has submitted the required grading and drainage plan from a registered civil engineer. If the Commission should choose to act on the request, staff recommends the following stipulations: l. 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 100-year flood elevation. 12.72 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 10 3 . The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4 . A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines. The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 5. Petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as the result of flooding. 6. The grading and drainage plan shall indicate the number of trees to be preserved. 7. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Hedlund stated he is in the construction business and he could build the houses and sell them. He would prefer to sell the lots to someone in the construction business or sell to a person who wanted a home in the area. He would then have a specific plan. One of the requirements that staff suggest is to . have an engineer to do all this work, but he thought the surveyor was qualified to do this type of thing. For the sake of simplicity, he thought it would be adequate to have the information for drainage taken care of by the surveyor. Mr. Kondrick asked staff if they felt a surveyor could provide this plan or does this need to be done by an engineer. Ms. Dacy stated, while the surveyor has provided information on the general direction of the flow, staff's concern is that a registered engineer could actually do calculations of the runoff, run through the typical 100-year storm event calculations from typical studies, and from that be able to design with a good degree of accuracy exactly how deep the swales should be on the north, west and east lot lines and how wide the swales should be; and the registered engineer can then submit a plan that says the lot can handle the runoff from the house on its own. Mr. Oquist asked how can this be done without the footprint of the house. Ms. Dacy stated this can be done knowing the amount of impervious surface. An engineer can run through the calculations to determine the amount of runoff that would occur, combine that with the runoff from the grades and give staff a dimension of how PLANNING COMMISSION MEETING MAY 4 1994 PAGE 10 3 . The fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit. 4 . A grading and drainage plan and an erosion control plan shall be designed, signed, and stamped by a registered civil engineer showing well-defined drainage swales along the north, west, and easterly lot lines. The drainage plan shall indicate spot elevations and percent slopes for the drainage swales. These plans shall be submitted for staff review prior to City Council review of the special use permit. 5. Petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as the result of flooding. 6 . The grading and drainage plan shall indicate the number of trees to be preserved. 7 . The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Hedlund stated he is in the construction business and he could build the houses and sell them. He would prefer to sell the lots to someone in the construction business or sell to a person who wanted a home in the area. He would then have a specific plan. One of the requirements that staff suggest is to > have an engineer to do all this work, but he thought the surveyor was qualified to do this type of thing. For the sake of simplicity, he thought it would be adequate to have the information for drainage taken care of by the surveyor. Mr. Kondrick asked staff if they felt a surveyor could provide this plan or does this need to be done by an engineer. Ms. Dacy stated, while the surveyor has provided information on the general direction of the flow, staff's concern is that a registered engineer could actually do calculations of the runoff, run through the typical 100-year storm event calculations from typical studies, and from that be able to design with a good degree of accuracy exactly how deep the swales should be on the north, west and east lot lines and how wide the swales should be; and the registered engineer can then submit a plan that says the lot can handle the runoff from the house on its own. Mr. Oquist asked how can this be done without the footprint of the house. Ms. Dacy stated this can be done knowing the amount of impervious surface. An engineer can run through the calculations to determine the amount of runoff that would occur, combine that with the runoff from the grades and give staff a dimension of how 12.73 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 11 wide the swales should be and at what slope. In this particular lot, there appears to be enough change in grade to direct the water to the street. Staff wants to know with some degree of accuracy, and a registered engineer can do that, that the water can be handled. Mr. Oquist stated part of the plan from them may be the stipulation that says what could happen with a house of a particular size. Mr. Kondrick asked, if the footprint were put the other way, is that possible? If so, would it not hamper the flow of water from the south? Ms. Dacy stated, in answer to both questions, yes, and doing so would affect the drainage. The petitioner wants approval from the City so he can sell the lot. Staff wants an approved drainage plan based on a reasonable site plan. Mr. Kondrick stated this is suitable for a prospective buyer and also for the neighbors so they know the water can be handled. Ms. Dacy stated without an engineer submitting a plan that shows how deep this swale should be, may be leaving too much discretion up to the builder and/or the City to interpret what was the Council's intent. Staff is trying to reasonably assure the buyer, adjacent homeowners, and the City that the drainage can be handled. Mr. Hedlund stated the house will be very close to the stated size and shape. One of the things that could be done to make the base smaller is to construct a two-foot overhang in the front and in the back. In speaking of the engineers, he is thinking of the cost of an engineer. When they have a document such as presented, a surveyor will know what he is up against. If he does not feel qualified, they would not do it. But, rather than going to an engineer and since he is working with a qualified surveyor, he would recommend saving the cost of an engineer. There is a limit to how high the costs should be on this. Ms. Savage asked to clarify the original reason for the request and if this was because the property is in the flood fringe and so no dwelling can be built without the special use permit. Ms. McPherson stated this was correct. Even an accessory structure must have a special use permit. Mr. Frank Shimek stated he is concerned about the condition of the Coon Rapids dam. The dam is in bad shape and Anoka County is not doing anything about it. He felt it dangerous to build a house in that area until that structure is repaired or removed. If the dam should break, all homes in that area will be flooded. 12.74 PLANNING COMMISSION MEETING, MAY 4 , 1994 PAGE 12 Ms. Darlene Brady referred to the special use permit and asked if this required an engineer. Mr. Kondrick stated this is not always the case, but in this situation with changing the elevation due to the fill, the City wants to make sure the run off will be contained on the property. Ms. Brady asked whose decision it is to require or not require an engineer. Mr. Saba stated the Commission's recommendation goes to the City Council who make the final decision. Ms. Brady stated she would prefer to have an engineer. Regarding building in general in that area, she was happy to see the City requires a hold harmless agreement. With flooding to the south last year and the government not in support of dikes, which is located there, she wonders about the advisability of new construction in that area which would compound any problems that might come up. The dike was not built like those that gave out last year. It was not constructed in the same manner, but rather on an emergency basis, which may mean it was not as well constructed which increases the possibility of something happening. The river is high now as well as the water in the � creek. If it rains, she does not know what will happen. She wonders if it is advisable to build new homes in that area. , Ms. Brady stated another concern is the sewer system in that area. She has lived in that area about eight years and has had the city sewer back up into her home five times. She wonders what the effect of additional homes will be on the sewer system. The sewage goes through a pumping station and is pumped up the hill. Ms. Brady stated a year or two ago another house was built in that area. She feels the house is much too big for the lot and for the neighborhood. It does not fit into the type of homes in that neighborhood. A smaller lot should have a smaller home. She is also concerned about the water run off. Mr. James Peterson stated the elevation of the foundation, as he reads the drawing, would be 8 feet above the street level . He is concerned about how high the houses are from street level on the other sides of this lot, particularly if building a two story home or if the house has a steeply pitched roof. How high would this be in relation to the other houses in that area? Ms. Dacy stated the drawing shows an elevation of 819 feet at the curb and the top of the foundation is at 824 . 1 feet. The elevation along the east and west lot lines is 820 feet. Mr. Peterson asked if this home would be much taller. PLANNING COMMISSION MEETING MAY 4 1994 PAGE 12 Ms. Darlene Brady referred to the special use permit and asked if this required an engineer. Mr. Kondrick stated this is not always the case, but in this situation with changing the elevation due to the fill, the City wants to make sure the run off will be contained on the property. Ms. Brady asked whose decision it is to require or not require an engineer. Mr. Saba stated the Commission's recommendation goes to the City Council who make the final decision. Ms. Brady stated she would prefer to have an engineer. Regarding building in general in that area, she was happy to see the City requires a hold harmless agreement. With flooding to the south last year and the government not in support of dikes, which is located there, she wonders about the advisability of new construction in that area which would compound any problems that might come up. The dike was not built like those that gave out last year. It was not constructed in the same manner, but rather on an emergency basis, which may mean it was not as well constructed which increases the possibility of something happening. The river is high now as well as the water in the creek. If it rains, she does not know what will happen. She wonders if it is advisable to build new homes in that area. �: Ms. Brady stated another concern is the sewer system in that area. She has lived in that area about eight years and has had the city sewer back up into her home five times. She wonders what the effect of additional homes will be on the sewer system. The sewage goes through a pumping station and is pumped up the hill. Ms. Brady stated a year or two ago another house was built in that area. She feels the house is much too big for the lot and for the neighborhood. It does not fit into the type of homes in that neighborhood. A smaller lot should have a smaller home. She is also concerned about the water run off. Mr. James Peterson stated the elevation of the foundation, as he reads the drawing, would be 8 feet above the street level . He is concerned about how high the houses are from street level on the other sides of this lot, particularly if building a two story home or if the house has a steeply pitched roof. How high would this be in relation to the other houses in that area? Ms. Dacy stated the drawing shows an elevation of 819 feet at the curb and the top of the foundation is at 824 . 1 feet. The elevation along the east and west lot lines is 820 feet. Mr. Peterson asked if this home would be much taller. 12.75 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 13 Ms. Dacy stated she had only ground elevations, but this house would be somewhat higher. Mr. Peterson stated the one suggestion he would make would be that the City limit the structure to a one-story home and a 5-12 pitch roof to minimize the impact to the neighborhood. In general, he is pleased to see new homes coming in. The new homes are larger than the older homes in that area. Construction has changed and because it does not conform to the 600 to 800 square foot homes that are there, one should not put it in disfavor. A 30 foot by 40 foot house means 1200 square feet. What is the minimum number of square feet now required by the code? Ms. McPherson stated the minimum first floor dwelling unit size is 1020 square feet. Mr. Peterson stated a garage was mentioned but he does not see if on the plan. Is the garage attached to the front? Ms. McPherson stated the front portion would be the garage. Mr. Hedlund stated the 30 foot x 40 foot dimension is for both the house and the garage. The structure would be a split level with an overhang to provide additional square feet with a smaller foundation. He does not have a specific plan now but this would be a respectable house. Mr. Peterson stated he thinks a two-story will give too much height compared to the 1 1/2 story homes in that area. Ms. Diane Lott asked if a home with two-foot overhangs would still meet the setback requirements. Mr. Oquist stated there is sufficient room to have the two-foot overhangs and still meet the minimum setback requirements. Mr. Tim Lott stated, when reading about the tile around the house, he was not sure whether it would work or not or it has not been proven this would drain properly. Is this correct? Ms. McPherson stated these are called drainage swales which is surface drainage system for the area around what is being filled. Staff has stated, in general, that the surveyor has indicated general drainage patterns but there are no spot elevations and it does not indicate the water flows to a point that is lower nor does it give a percentage of slope from the bottom of that swale. That is why staff is asking that an engineer design the drainage swales so that staff can tell the builder how deep the swales need to be and at what slope so that it works. 11.76 _P_LANNING COMMISSION MEETING, MAY 4 1994 PAGE 14 Mr. Lott stated that it seems as if no matter what is built on the property now will be higher than any other house in that area because of the changes in the building requirements. What you have now is a house on top of a mound. He cannot see how this can prevent drainage which is already a problem in that area. He cannot see how this will work. Ms. Brady stated the storm water runs down the street. Ms. McPherson stated staff acknowledges that this dwelling needs to be built at a higher elevation as a result of the adoption of the ordinances in 1977, but there is a way by the grading of the property that water can be diverted properly to where it is supposed to go and may even help drain other properties. Mr. Lott asked if the water is to drain out to the street. He did not see how this would help the neighbors who have problems with water now. Right now, the water is going into the ground. With a dwelling there, it is not only impacting the area but it seems it would create further problems by draining the water to the street. Ms. Dacy stated, by requiring swales along the perimeter, it helps to channel the run off from the roof and the surrounding properties as well . Some of these lots are too flat so water cannot run off. By creating a swale, or as in another lot to be reviewed, it may be necessary to put in a catch basin and pipe ;; improvement, in order to catch the run off and prevent ponding from backing up onto another property. While it is not a perfect system, every lot has to handle its own run off and that is the basis for staff's suggestion that a detailed plan be provided by an engineer. . Ms. Brady asked if they were saying there would not be any more water going in the street after a house is built. Ms. Dacy stated no, but by adding additional impervious surface there is going to be more run off than a vacant property. That is the reason for a drainage plan and to know how deep the swales will be to get the water to the street. The swales can act also act to retain the water. Ms. Brady stated, when it rains heavy, the water pools in her yard and it seems this would be adding to that. Mr. Hedlund stated this is a general drainage plan, and it would work. MOTION by Mr. Oquist, seconded by Ms. Savage, to close the public hearing. PLANNING COMMISSION MEETING MAY 4 1994 PAGE 14 Mr. Lott stated that it seems as if no matter what is built on the property now will be higher than any other house in that area because of the changes in the building requirements. What you have now is a house on top of a mound. He cannot see how this can prevent drainage which is already a problem in that area. He cannot see how this will work. Ms. Brady stated the storm water runs down the street. Ms. McPherson stated staff acknowledges that this dwelling needs to be built at a higher elevation as a result of the adoption of the ordinances in 1977, but there is a way by the grading of the property that water can be diverted properly to where it is supposed to go and may even help drain other properties. Mr. Lott asked if the water is to drain out to the street. He did not see how this would help the neighbors who have problems with water now. Right now, the water is going into the ground. With a dwelling there, it is not only impacting the area but it seems it would create further problems by draining the water to the street. Ms. Dacy stated, by requiring swales along the perimeter, it helps to channel the run off from the roof and the surrounding properties as well. Some of these lots are too flat so water cannot run off. By creating a swale, or as in another lot to be reviewed, it may be necessary to put in a catch basin and pipe �i improvement, in order to catch the run off and prevent ponding from backing up onto another property. While it is not a perfect system, every lot has to handle its own run off and that is the basis for staff's suggestion that a detailed plan be provided by an engineer. . Ms. Brady asked if they were saying there would not be any more water going in the street after a house is built. Ms. Dacy stated no, but by adding additional impervious surface there is going to be more run off than a vacant property. That is the reason for a drainage plan and to know how deep the swales will be to get the water to the street. The swales can act also act to retain the water. Ms_ Brady stated, when it rains heavy, the water pools in her yard and it seems this would be adding to that. Mr. Hedlund stated this is a general drainage plan, and it would work. MOTION by Mr. Oquist, seconded by Ms. Savage, to close the public hearing. 12.77 PLANNING COMMISSION MEETING MAY 4 1994 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:50 P.M. Mr. Saba stated he would definitely insist on an engineer's opinion on the drainage. Ms. Savage stated she would agree and would recommend tabling a decision until that has been submitted. Mr. Oquist agreed to both the engineering plan and tabling. Mr. Saba stated he would also like to have some answers on the impact to the sewer system and how the drainage affects what is already in the street. Many good questions were brought up and they need to be answered. MOTION by Ms. Savage, seconded by Mr. Saba, to table consideration of Special Use Permit, SP #94-05, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13 , 14 , 15, and 16, Block V, 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. Mr. Oquist asked, through the special use permit, can the height of properties be restricted? Ms. Dacy stated she would like to confirm this with the city attorney. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED TAE MOTION CARRIED IINANIMOUSLY. 4 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PE SP #94-03 , BY GORDON HEDLUND: Per Section 205. 24 . 4 .D and 205. 24 . 5.A of the idley City Code, to allow construction in the CRP-2 ' strict (Flood Fringe) on Lots 12 and 13 , Block Y, Ri rview Heights, generally located on the south sid f Buffalo Street east of Riverview Terrace. MOTION by Mr. Oquist, seconde y Mr. Saba, to waive the reading of the public hearing noti and open the public hearing. UPON A VOICE VOTE, VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOT CARRIED AND THE PUBLIC HEARING OPEN AT 8:54 P.M. Ms. McPh son stated this request is for the property addressed as 79 Riverview Terrace N.E. The property is located at the 12.78 K � . PLANNING COMMISSION MEETING JUN 1 1994 PAGE 16 UPON A VOICE VOTE, ALL VOT AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOII . 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 Fridley City Code, to allow construction in the CRP-2 District (Flood Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue. Ms. McPherson stated this property is located on the north side of Dover Street, approximately 150 feet from Riverview Terrace. This request was tabled at the May 4, 1994, Planning Commission meeting to allow the petitioner time to have an engineer review the grading and drainage plan and provide percent slopes for the swales and spot elevations. The petitioner has submitted an engineer's plan which indicates that the swales will be adequate to handle the water runoff. Again, the Engineering Department has indicated that erosion control measures should be placed along the west, east, and south lot lines to prevent soil from flowing into the street due to runoff prior to vegetation being established on the property. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval with nine 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 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 . 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. .�w � PLANNING COMMIS3ION MEETING, JUNE 1, 1994 PAGE 17 8 . The grading and drainage plan shall indicate the number of trees to be preserved. , 9. The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Mr. Newman asked if there are any retaining walls for this property. Ms. McPherson stated there are not. Ms. Brady stated that, again, the sewer issue is a concern for this property. Also, the big mound on dirt and the multi-level home are concerns. She is not objecting to a home being built on the lot, but it should be built to fit the lot size and the neighborhood. This proposal is more reasonable than the first two proposals. Mr. Hedlund stated he had nothing to add. Mr. Kondrick asked Mr. Hedlund if he had any problems with the stipulations recommended by staff. Mr. Hedlund stated he is in agreement with all the stipulations. MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend to City Council approval of special use permit, SP #94-05, 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 13 , 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue, 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 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 . � � _ PLANNING COMMISSION MEETING JUNE 1 1994 PAGE 18 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, combining the property into one tax statement prior to building permit issuance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Newman stated this request will go to the City Council on June 20, 1994 . 4 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-07 , BY AMOCO OIL COMPANY: Per Section 205. 14 . O1.C. (5) � of the Fridley City Cod , to allow the expansion of an automobile service statio on Lot� 16, 17, 18, and 19, Block 13, Hamilton's ition to Mechanicsville, generally located at 5311 Uni rsity Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. S ' aff, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHA PERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARI OPEN AT 9:50 P.M. Ms. McPherson stated this pro rty is located in the northeast corner of 53rd Avenue and Univ sity Avenue. The property is zoned C-2 , General Business. Th property to the east is zoned R-3 , General Multiple Dwelling Ms. McPherson stated e petitioner is proposing to construct a 12 foot by 15 foot stor e addition on the rear of the service station building. The or' inal service station was constructed in 1959, and the City i ued a special use permit to allow a car wash expansion in 8 . Ms. McPhe on stated the petitioner has also applied for two variance . (1) to reduce the setback from an adjacent residential distri from 50 feet to 19 feet; and (2) to reduce the hard surfa e setback from a building from 5 feet to 0 feet. The Appeals Com ssion reviewed the variance request on May 24 , 1994, and r ommended approval of the request to the City Council. f ' C7` S TAFF REPORT � Community Development Department Appeals Commission Date Planning Commission Date : May 4, 1994 ; June 1 , 1994 City Council Date : June 20, 1994 APPLICATION NUMBER: SP #94-05 PETITIONER• Gordon Hedlund LOCATION• 665 Dover 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 160 feet east of Riverview Terrace on the north side of Dover Street. ANALYSIS• zoning ltequirements The property is zoned R-1, Single Family Dwelling. There is additional residential uses on all sides of the subject parcel. 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 10, 978 square feet which exceeds the minimum 9, 000 square foot requirement. The subject parcel has a width of 99 . 5 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 823 . 1. The minimum first floor elevation, therefore, is 824 . 1 for all habitable spaces. The petitioner has proposed a first floor I ` SP #94-05 Gordon Hedlund Page 2 elevation of 824. 1. 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 824.1. 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 822 . 1. This is permitted if the garage is flood- proofed to the 100 year flood elevation of 823 . 1. **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. Four feet of fill will be needed to bring the house to the proper elevation. The dwelling will be 5. 6 feet above the street level. 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. Water currently "sheet" flows from north to south across the subject parcel into Dover Street where it flows east to a catch basin located approximately mid-point in the street. Once it enters the catch basin, the water then flows westerly into the river. As a result of the fill being placed on the subject parcel, water will be instead directed toward the north, west, and easterly 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 north, west, and easterly lot lines. These drainage swales will need to accommodate water from the proposed single family dwelling and from the property to the north. The petitioner submitted a grading plan reviewed by a civil engineer. The plan includes spot elevations and slope percents for the swales. A cross section of the swale will need to be submitted at the time of building permit issuance. The plan will drain 12.62 SP #94-05 Gordon Hedlund Page 3 water properly. The builder will be required to grade the property according to the plan dated May 23, 1994 . The verifying survey shall confirm that the grading meets the plan. Erosion control measures will need to be installed along the west, south, and east lot lines. **3tipulation** The fill placed on the property shall extend a minimum of 15 feet from the proposed dwellinq unit. **stipulation** The builder shall qrade the property to conform with the enqineerinq plan dated May 23, 1994. **Stipulation** The verifyinq survey shall confirm that the qradinq complies with the plan dated May 23, 1994. **Stipulation** Erosion control measures shall be installed along the west, south, and east lot lines. Hold Harmless Aqreement 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. **Stipulation** The petitioner shall execute and record aqainst the property a hold harmless aqreement releasinq the City from liability if damaqe occurs as a result of floodinq. Miscellaneous Requirements There are a number of mature trees located along to the west, north, and east lot lines. These trees are an asset to the subject parcel, and an attempt should be made by the petitioner to preserve as many trees as practical. **Stipulation** The qrading and drainage plan shall indicate the number of trees to be preserved. The subject parcel is composed of four, 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. 12.63 SP #94-05 Gordon Hedlund Page 4 **stipulation** The petitioner shall siqn a Combination Form, combininq the property into one tau 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 to the subject parcel at 641 Dover Street is a two story dwelling. 670 Dover Street is a one-and-a-half story dwelling. A new dwelling at 7995 Riverview Terrace is 26 feet high and is located southwest of the subject parcel. The dwelling located at 680 Ely Street to the north of the subject parcel is approximately 20 feet in height and is two stories. 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. 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 as part of a verifying survey prior to the foundation beinq capped, which shall verify that the minimum first floor elevation is 824.1. 2 . The petitioner shall flood-proof the qarage in accor8ance 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 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. 12.64 SP #94-05 Gordon Hedlund Page 5 7 . 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. 8. The grading and drainaqe plan shall indicate the number of trees to be preserved. 9. The petitioner shall siqn a Combination Form, combininq the property into one tax statement prior to buildinq permit issuance. Please refer to the supplemental information packet for information regarding the Coon Rapids Dam, sewer backups, building height, and assessors comments. PLANNING COMMI3SION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 12.65 � � , � Community Development Department t� PLANNING DIVISION City of Fridley DATE: June 10, 1994 (� �r • TO: William Burns, City Manager n �` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #94-05, by Gordon Hedlund; 665 Dover Street N.E. The Planning Commission conducted a public hearing regarding the special use permit request to allow construction of a dwelling in the flood fringe district at its May 4 and June 1, 1994 meetings. The Commission voted unanimously to recommend approval of the request 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 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 . 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. �t - • Gordon Hedlund SP #94-05 Page 2 9 . The petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-320 1 2.6� _ C��OF FRlDLEY FRIDLEY MUN[CIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5543? • (61?)571-3450• FAX (612)571-12K7 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 l, 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 - ��f�� -� p Mi hele McPherson, BLA Pl nning Assistant MM/dn C-94-135 _ _ CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 • �612)571-3450• FAX (612)571-1287 July 6, 1994 Subject: Special Use Permit Requests by Gordon Hedlund Dear Property Owner: The Fridley City Council 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, � 1�✓ (,��,��'�{' " 4 �j_��7G*v'�__.�' Mic ele McPherson, BLA Planning Assistant MM/dn C-94-173 .. ' t 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 im front of her garage. She stated that she already has . standing water there when it rai.ns. With the raising of th�'� lot to construct the new home, it will drain on her property. / Mr. Malvern Thompson, 6212 Hillside Drive, Edina, state that his son owns property next to Mr. I�iedlund, and the survey r ort is not correct. He stated that there is a stake that has b n there for 22 years, and this was not used in the survey. Ms. Dacy stated that she talked to the surveyor ter the Planning Commission meeting. He verified that he fou the monuments on the lot next door, and he would be happy to et with the owners. Ms. Marjorie Nason, 614 Cheryl Street, sta ed that her home is the lowest in the area, and they have had s wer backups nine times. She felt that with raising the lots there would not be any uniformity in the neighborhood. Mr. Clark Nason, 614 Cheryl Street, tated that the cost in damages to his home from the sewer backups s over $3 , 000 not including the $600 deductible. He stated tha he did not think the neighbor- hood' s request not to have an new construction was outrageous. He stated that they have a water problem in their area, and drainage comes all the way om Coon Rapids. Mr. Herrick asked if ther was any evidence to suggest that con- struction of these new omes would make the sewer problem worse. He stated that it may better for the City to improve the sewer system rather than de y construction of the homese MOTION by Councilw an Jorgenson to table this item to the July 11 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voti aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT RE UEST SP 94-04 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT FLOOD FRII�IGE GENE LLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BRO AVENUE• MOTIO by Councilwoman Jorgenson to table this item to the July 11 Cou il meeting. Seconded by Councilwoman Bolkcom. Upon a voice vo , all voting aye, Mayor Nee declared the motion carried animously. C. SPECIAL USE PERMIT REQUEST SP #94-05 BY GORDON HEDLUND TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRIIIGE) GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE: MOTION by Councilwoman Jorgenson to table this item to the July 11 Council meeting. Seconded by Councilman Schneider. Upon a voice ' . .. FRIDLEY CITY COUNCIL MEETING OF JUNE 20 , 1994 PAGE 27 Mr. Herrick, City Attorney, stated that if 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 rec�:est Mr. Hedlund to appear at a future meeting. He stated that he ould not consider Mr. Hedlund's statement as a request for wit rawal . Councilman Billings stated that if Council denied the ecial use permits without proper grounds, it may not be u ikely that Mr. Hedlund would commence litigation because the Cou cil was being arbitrary and capricious. He felt that there had o be a finding of fact that the special use permits are not warra ed because they have a negative impact on the health, safety, d welfare of the public. Councilman Billings asked if it is normal procedure to include street easements in calculation of the lot 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 is 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 dam. She stated that it has some structural flaws and needs replacement. She stated that the area where Mr. Hedlund wishe to construct the homes could possibly flood. Ms. Brady stated that here have been newspaper articles about the dam and the lack of unding for repairs or replacement. Mr. Herrick stated hat there is an ordinance stating that an owner can build on the e lots if certain criteria are met. He stated that if the Cit does not want construction on these lots, the ordinance shou not be in effect. He stated that as long as the ordinance is ' n effect, the owner is entitled to a special use permit unles the City can show it would violate the health, safety, and welfare of the community or the people in the area. He stated at if that is the case, the facts have to be determined that subs antiate this claim. Council oman Jorgenson felt that further information was needed on the st uctural problems of the Coon Rapids dam and the impact on the C' y' s flood fringe district, should be obtained from the Army Corp of Engineers. Ms Brady stated that over two years ago the Army Corps of E gineers gave a maximum life of five years for the dam. FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE Exemptian 24. She stated that during the plat approval proce��, the wetland issue was not addressed and areas of fill no r' clearly indicated on the plat. She stated that wh�le the Cit issued a land alteration permit in 1986, a building permit was ot .issued, and the filling did not occur to the extent the perm' allowed.. Councilman Schneider asked if additional filling occurred after 1986. Ms. McPherson stated that in reviewing the 989 aerial photos, there is a clear demarcation from the old fi 1 and new fill. She stated that staff is in the process of chec ng the amount of fill placed there in 1986, so the amount of ne fill observed in 1989 photographs can be calculated. She stat d that the south edge of Lot 6 was filled between 1989 and 1993 . Councilman Schneider asked the City torney if he felt the City had a valid case under Exemption 24 , Mr. Herrick, City Attorney, stat that he felt the information given by staff is defensible but a good argument can be made that this exemption does not apply. He stated that, however, this is a new statute, and he could n t predict the outcome. He stated that he agreed with staff's re ommendations and did not believe the applicant met the requiremen of the state statute, as he admitted when this issue was before e Planning Commission. Mr. Paul Harstad, the pet'tioner, stated that City staff has done an outstanding job and h been very thorough in following through with the state's requir ents. He stated that their proposal does not meet the 2 : 1 repla ement ratio, but there is no more room to mitigate unless they ear down trees on the property. Mr. Harstad stated at in regard to Exemption 24 , the fact that these lots were not developed prior to 1986 is irrelevant, and they are not being allo ed to develop them because of a state law. He stated that there were fifteen lots that were exempt from assess- ments. They wer considered unbuildable, and these are two of the lots. He asked the status of the other thirteen lots. Ms. McPherson stated that of the fifteen lots, four are vacant, and the remainin eleven were built on. She stated of these eleven lots, all b t two were developed between 1975 and 1979. Mr. Harst d stated that it appears there are a number of facts that indicate the lots are buildable. He stated that one of those facts is that in 1986, they acquired a permit to fill both Lots 5 and 6 and t that time, chose to fill Lot 5 to make it buildable. He state that due to economic reasons, they chose not to build on that ot. He stated that there are clearly issues of drainage, and the impact the filling caused to the adjacent property owners. Mr. Harstad stated that Council will either have to approve or deny � FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 29 vote, all voting aye, Mayor Nee declared the mQtion carried � unanimously. �_ � � . MOTION by Councilman Schneider to receive the minutes of the � Planning Commission Meeting of June l, 1994 . Seconded by Council- woman Jorgenson. Upon a voice vote, all voti�g: aye, Mayor .Nee declared the motion carried unanimously. 13 . RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 18 1994• A. RESOLUTION NO. 51-1994 DENYING A WETLAND REPLAC ENT PLAN WR 94-01 BY PAUL HARSTAD PER SECTION _205. 27 •O THE FRIDLEY CTTY CODE TO ALLOW FILLING OF A WETLAND FOR STRUCTION OF . A SINGLE FAMILY - DWELLING GENERALLY :�.LOCAT AT 54'�U FS`AST DANUBE ROAD N.E. : � Ms. McPherson, Planning Assistant, stated t at the petitioner is proposing to fill approximately 2, 800 squar feet of Type 4 wetland located on this site and in an R-1 zoni g district. She stated that the petitioner created 1, 900 squ e feet of the same type wetland on Lot 6 and an additional 60 square feet on the parcel north or Lot 5 (5490 East Danube Ro ) . Ms. McPherson stated that the anning Commission recommended denial of this request based on he following three facts: (1) a feasible and prudent alternati exists which avoids impact to the wetland; (2) The proposed re acement ratio is less than the 2 : 1 ratio required by Section 05. 27. 10.D; and (3) the petitioner failed to submit the info ation required by the statute and local ordinances. Ms. McPherson stated that at the hearing before the Planning Commission, several eighbors discussed the improper filling of Lot 5. She stated t at staff has begun a preliminary investigation using aerial photo raphs which determined that new fill was placed on the lot in 198 . Some additional fill occurred on Lot 6 prior to 1993 . She s ated that the City's consultant is attempting _ to locate additio al photos to determine what fill occurred after 1986. Ms. McPher n stated that staff recommends that Council adopt the resolutio which states the reason for denial of the wetland replacem nt plan. Ms. M herson stated that the petitioner believes that Exemption 24 f m the state statute applies in this case. She then quoted thi section. M . McPherson stated that staff has made a determination that this xemption does not apply. She stated the original plat was completed and finalized prior to the July l, 1986 date outlined in r �`-�_ �---- FRIDLEY CITY COUNCIL MEETING OF JULY 11. 1994 PAGE 5 ' MOTION by CounCilman Schneider to nomin Jeanrie� Raffesberg�r for ' . appointment to ��h.e Human �Resources ominission_ for �he term . which � ' expires on� April: 1, 1997. � . . . . - . � � �There .being no further �inatibns, the nomin�ations were closed by � . ' � � Mayor Nee. � � � MOTION by Cou lman Schneider to cast an unanimous ballot for the appointme of Jeanne Raffesberger to the Human Resources Commis- sion. econded by Councilwoman Jorgenson. Upon a voice vote, all vot' g aye, Mayor Nee declared the motion carried unanimously. 3 . RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1, 1994 (TABLED JUNE 20 , 1994) : � A. SPECI�IL USE PERMIT.�REQUEST, SP :#94-03 , BY GORDON HEDLUND, TO . .. ALLC7W CONSTRUCTI�ON `IIaT THE : CRP-2 DI�ST�tICT - (FI,OCJD "FRZiJGE)',� ` . .: � GENERALLY LOCA7�ED��ON THE SOUTH� SIDE OF BUFF'ALO STREET EAST OF ` RIVERVI�W� TERRACE: . . . � . . � AND B. SPECIAL USE FERMIT 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 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• 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 � 1 FRIDLEY CITY COUNCIL MEETING OF JULY 11, •1994 PAGE 6 the ground to the �peak of the roof. She outl�ned the �ypical . , definition of bui•lding :height� From the:building�.code. . - : � . � '. Ms. .Dacy stated th�at..the; question � on.-drairiage .was. .raised� and how , �. . . it. ma.y .i�npact��other hoi�es in��the � area. •S�he� stated �that Council � � � � � can adopt specific st�pulations regarding drainage and use . th�is � plan to evaluate the bu'ilcling plans. She stated that if violations occur that are directly .related to the stipulations of the s�ecial use permit, action couid 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 wheri 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. pet�.tioner, � . : � Mr..�..Hedlu�d; . wa.s .prese.rit �h.i-s...�v�riing�. to .answer. .any.gues.t�ions.: . . : � : .Councilwoman .Bolkcom asked .i� there was a� pian now to upgrade the . . . � � sewer 1ine. Mr. F1ora, 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. a� � � FRIDLEY CITY C�ONCIL MEETING OF JIILY 11, 1994 PAGE 7 Mr. Hedlund stated that he did not think there is a problem, 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 uriusual 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 fact 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 on.e knows what type of home is going to be built, on these lots. . _ . Mr. Hedlund stated that if the construction is good 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 �•� A, 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 AN ITEM FORM THE APPEALS COMMISSION MEETI F JUNE 7 1994 (TABLED JUNE 20, 1994) : A. VARIANCE RE UEST VAR 94-06 BY MI R FUNERAL HOME TO INCREASE THE AMOUNT OF FREE-STANDI SIGNAGE FROM 80 S UARE FEET TO 98 S UARE FEET TO ALLOW HE CONSTRUCTION OF A FREE- STANDING SIGN GENERALLY LOC D AT 6210 HIGHWAY 65 N. E. : Mayor I�ee removed this item om the table. Ms. Dacy, Community De lopment Director, stated that this is a request for a varianc to increase the sign area of a free standing sign from 80 squar feet to 98 square feet. She stated that a new 80 square foot gn has been installed that faces Highway 65, and the petition wishes to replace an existing sign on West Moore Lake Driv . * . > , a FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 2 Ms. Griep stated that persons who wish to participate an contact Julie Swanson at 572-3634 . APPROVAL OF MINUTES: COUNCIL MEETING, JULY 11, 1994 : MOTION by Councilman Schneider to approve t e minutes as presented. Seconded by Councilwoman Jorgenson. / MOTION by Councilman Schneider to am�id the minutes by inserting the following language, after paragr h five on Page 10: "Council- man Schneider stated that under tYy�existing code, they would be allowed two four-foot directional;�'signs. " Further, to correct the Roll Call Vote on Page 14 to indicate that Councilwoman Bolkcom and Councilman Billings both vote ��against the motion and the motion carried by a 3 to 2 vote. � /�econded by Councilwoman Jorgenson. Upon a voice vote, all vot�xig aye, Mayor Nee declared the motion carried unanimously. � UPON A VOICE VOTE TAKE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee reques d an item be added: (2) Set November 14, 1994 as a Special City ouncil Meeting to receive the canvass from the election. MOTION by C ncilman Schneider to adopt the agenda with the above addition. econded by Councilwoman Jorgenson. Upon a voice vote, all voti aye, Mayor Nee declared the motion carried unanimously. OPEN F UM VISITORS: The e was no response from the audience under this item of b iness. OLD BUSINESS: 1. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1, 1994 (TABLED JULY 11, 1994) : Mayor 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• 31 . � I t � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 25, 1994 The Regular Meeting of the Fridley City Council was called to o er at 7 : 38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge f Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman J rgenson, Councilman Billings, Councilman S neider, and Council- woman Bolkcom MEMBERS ABSENT: None PROCLAMATIONS• CAROLINE OGLAZA DAY - JULY 2 1994 : Mayor Nee issued a proclamat' n proclaiming July 26, 1994 as Caroline Oglaza Day in the ity of Fridley. He stated that Caroline is a college studen from Fourmies, France and has been in Fridley conducting mark t studies. He stated that she will return to Fridley's Sister City, Fourmies, France this week. NATIONAL NIGHT OUT - AUGUST 2 1994 : Mr. Burns, City Manag r, read a proclamation proclaiming August 2, 1994 as National Ni t Out in the City of Fridley. He called upon all citizens to jo' the Fridley Police Department and to partici- pate in the eleve h annual National Night Out by having neighbor- hood block part' s to symbolically take back the night and give crime a going ay party. Ms. Rosie Gr"ep, Public Safety Projects Coordinator, introduced Ms. Julie S nson, the new Neighborhood Crime Watch Coordinator and Crime Prev 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 lamation. yor Nee stated that he and the Council are very happy with the program and its success. , � FRIDLEY CITY COUNCIL MEETING OF JULY 25 1994 PAGE 4 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 A PLAT RE UES7.' P.S. 94-05 BY KEITH EIBENSTEINER FO BILTMORE CONSTRUCTION OF NEW BRIGHTON INC. TO SUBDIVIDE OPERTY INTO NINE NEW SINGLE FAMILY LOTS GENERALLY LOCATE IN THE SOUTH- EAST CORNER OF TOTINO-GRACE HIGH SCH L PROPERTY AT 1350 GARDENA AVENUE N.E. : Mayor Nee removed this item from the table. Ms. Dacy, Community Development Direc or, stated that at the July 11 Council meeting a number of estions were raised. She reviewed staff's response to these q stions. She stated that in regard to the question on the plat s mitted by Charles Cook, P.S. #86-06, Valley Oaks, there was �i issue with the storm water assessments. She stated that a�public hearing was conducted on this plat in 1987 , but there .�bas no final action taken by the Council on the plat. � �� Ms. Dacy stated that in r�'sponse to the question on the size of the Innsbruck Nature Cen,tz'er, it is 24 acres and was dedicated as a park in 1971. She s ted that the original land area for Pecks Woods was at least 64 acres extending from Rice Creek Road on the north to 49th Aven and Highland Lake to the south, into New Brighton on the ea , and approximately along the Matterhorn Drive alignment on the est. Ms. Dacy stat that in response to the question regarding Arthur Street, it w s constructed in 1972 and was part of Pecks Woods. She stated hat in conversations with Mayor Nee, the Council in 1964 info ally discussed acquisition of the wooded area north of I-694 , b t the cost was prohibitive. She stated that a portion of Island of Peace park was acquired this same year. She stated that the dication of Innsbruck Nature Center in 1971 preserved 24 acr of the original Pecks Woods. _ ' FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1994 PAGE 3 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• 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 petitioner has not submitted any additional building plans but has reiterated his feelings from the last Council meeting that he felt 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. Dac� 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 majorit� 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 3J � Community Development Department � PLANNING DIVISION 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 COIINCIL MEETING OF AIIGQST 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 dQes 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 AUGUST 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 95-05 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 REQIIE5T, ZOA #95-05, FOR SEPTEMBER 11, 1�5. 6. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 11 1995 FOR A VACATION RE EST SAV #95-03 BY KARL AND MARGARET SCHURR FOR MINCO PROD TS TO VACATE A 30 FOOT DRAINAGE AND UTILITY EASEMENT �ENERALLY LOCATED AT 7321 COMMERCE LANE N.E. SWARD 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 VACATION REQQEST, SAV #95-03, FOR S TEMBER 11, 1995. FRIDLEY CITY COUNCIL MEETING OF AUGIIST 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 IISE PERMITS, SP #94-03, SP #94-04, AND SP #94-05, AITA THE STIPIILATIONS PREVIOIISLY APPROVED, AND SIIBJECT TO COMPLIANCE WITH THE REQIIIREMENTS OF THE ENGINEERING DEPARTMENT�S STIPIILATIONS ON THE LAND ALTERATION PERMIT. 8. EXTENSION OF VARIANCE RE UEST VAR 94-18 BY TIMOTHY STRQNG FOR STRONG BUILT HOMES TO REDUCE THE FRONT YARD SETBA 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 ENT 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 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 FRINGEI 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, 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 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. . � 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" BU ET FOR THE FISCAL YEAR 1995: Mr. Pribyl, Finance Director, stated that this esolution is to comply with Minnesota Statutes for submission of a preliminary draft budget for 1995 to meet truth-in-taxatio requirements. He stated that the City must certify a proposed udget to the County Auditor prior to September 15, 1994 . MOTION by Councilman Billings to adopt esolution No. 70-1994 . Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider dec red the motion carried unanimously. 5. RESOLUTION NO. 71-1994 CER IFYING "PROPOSED" TAX LEVY RE UIREMENTS FOR 1995 TO THE OUNTY OF ANOKA: Mr. Pribyl, Finance Director, tated that this resolution is to certify a proposed tax levy to he County Auditor. He stated that this "proposed" tax levy of , 667 , 686 represents a zero percent increase over the 1994 levy. He stated that there is no increase in taxes based on the levy ' self; however, a study by the Depart- ment of Revenue indicates arket values have increased for 1995 by approximately three perc t. He stated that this would result in a slight increase of ab t $7 . 00 for the average home in Fridley. MOTION by Councilman illings to adopt ,Resolution No. 71-1994 . Seconded by Councilw an Bolkcom. Upon a voice vote, all voting aye, Mayor Pro T m Schneider declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF AUGUST 10 994 • A. RESOLUTIO NO. 72-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. 9 -03 TO SPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS GENERALLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. BY TI OTHY 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 o 64th Avenue and Arthur Street. She stated that there are current y two existing single family homes on the property that faces 4th Avenue at 1476 and 1490. Ms. Dacy stated that the propo 1 is to divide the south half of this parcel . Ms. acy stated that the Planning Commission recommended approval of is lot split with seven stipulations. She stated that staff res arched the trees to be preserved on the property, and another st}'pulation is also recommended pertaining to an assessment of $1, 000 per lot for the storm water improvement. � Community Development Department � PLANNING DIVISION City of Fridley DATE: May 23 , 1994 TO: Virgil Herrick, City Attorney FROM: �/ Barbara Dacy, Community Development Director SUBJECT: Height Restriction as a Stipulation in Special Use Permit Requests, SP #94-03 , SP #94-04 , and SP #94-05, by Gordon Hedlund, Petitioner The Planning Commission at its May 4 , 1994 meeting tabled action on three special use permits for construction of new homes in the floodplain in the Riverview Heights area. One of the issues that the Commission asked us to research was whether the City could impose a height restriction as part of the special use permit stipulations. One of the lots is located at the southwest corner of Cheryl Street and Broad Avenue. The property will require four feet of fill in order to meet the required flood protection elevation requirement. The concern is that a two story house would "tower" over the existing homes in the area. One resident suggested that a stipulation be imposed stating that one story homes be constructed on the property. Section 205 . 07 . 04 A of the R-1 district states: "No building shall hereafter be erected, constructed, reconstructed, altered, enlarged, or moved so as to exceed the building height limit of thirty (30) feet from finished grade level" . Can the City, as a stipulation of a special use permit for construction in the floodplain, impose a more restrictive height limit and require construction of a one story home? I; BD/dn � i � M-94-270 � _ —�-�-��------ _ Stipulations for Special Use Permit, SP #94-05 Lots 13, 14, 15, and 16, Block V, Riverview Heiqhts Generally located on the north side Dover Street West of Broad Avenue Gordon Hedlund 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 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. 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, combining the property into one tax statement prior to building permit issuance. 3F � ^ � _ _ C��F FRlDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 • (612)571-3450• FAX (612)571-12�7 CITY COUNCIL ACTION TAKEN NOTICE September 12 , 1994 Mitch Moe Counselor Realty 7766 Highway 65 N.E. Spring Lake Park, MN 55432 Dear Mr. Moe: On September 6, 1994, the Fridley City Council officially approved the three special use permits as requested by Gordon Hedlund: ♦ SP #94-03, to allow construction in the CRP-2 District (Flood Fringe) , on Lots 12 and 13, Block Y, Riverview Heights, generally located on the south side of Buffalo Street east of Riverview Terrace. This special use permit request was approved with the following stipulations: l. 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 100 year flood elevation. 3 . The fill placed on the property shall extend a minir.ium 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 . , � Mitch Moe � September 12 , 1994 Page 2 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 liability 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. 13 . The height of the dwelling shall not exceed 30 feet as measured from the street elevation of 818.25 feet. ♦ SP #94-04, 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. This special use permit was approved with the following stipulations: ` 1. The petitioner shall submit an elevation certificate in addition to a verifying survey pri�r 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. r % Mitch Moe September 12 , 1994 Page 3 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. 12 . The height of the structure shall not exceed 30 feet as measured from the street elevation which is 817.25 feet. ♦ SP #94-05, to allow construction in the CRP-2 District (Flood Fringe) , on Lots 13, 14, 15, and 16, Block V, Riverview Heights, generally located on the north side of Dover Street west of Broad Avenue. This special use permit was approved 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. : y Mitch Moe September 12 , 1994 Page 4 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. 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, combining the property into one tax statement prior to building permit issuance. 10. The height of the structure shall not exceed 30 feet as measured from the street elevation which is 818. 54 feet. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 572-3590 . Sincerely, ' Barbara Dacy, AICP Community Development Director BD/dn # ' ♦ ' Mitch Moe September 12 , 1994 Page 5 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 26, 1994. Concur with action taken. . � � STAT�E OF MINNESOTA ) CITY COIINCIL PROC$EDINGS COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) In the Matter of: a special use permit, SP �{94-05 Owner: Gordon Hedlund The above entitled matter came before the City Council of the City of Fridley and was heard on the bth 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 13, 14, 15, and 16, Block V, Riverview Fieights , generally located on t'ne north side of Dover Street west of Broad Avenue. 03-3D- ��{-3� -DU� S � � . 00�6 _ � . D 0°I 7 72 IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with ]0 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 Fr�ley, Minnesota, in the County of Anoka on the -�-f _ day of � � z� , 19�. DRAFTED BY: City of Fridley � 6431 University Avenue N.E. Fridley, MN 55432 /� � /� ,� � �� ,,. : � �{� � ' -�-- .�___� William A. Champa, City le�r;�`� ' '�� _ , (SEAi,`) ,�, . . r', .-� _v . c � , t�� r;f��`��lb FRIDLEY CITY COUNCIL MEETZNG OF SEPTEMBER 6, 1994 PAGE 11 COLD 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) lTABLED 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 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. ( 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 conf irm 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 notion carried unanimously. � . : 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 resol�r`tion is to comply with Minnesota Statutes for submission of ajpreliminary draft budget for 1995 to meet truth-in-taxation req�rements. He stated that the City must certify a proposed budge to the County Auditor prior to September 15, 1994 . � MOTION by Councilman Billings to adopt Resolu�ion No. 70-1994 . Seconded by Councilwoman Bolkcom. Upon a voic,� vote, all voting aye, Mayor Pro Tem Schneider declared t�ie motion carried unanimously. �� i 5. RESOLUTION NO. 71-1994 CERTIFYING7% "PROPOSED" TAX LEVY REQUIREMENTS FOR 1995 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, stated t�iat this resolution is to certify a proposed tax levy to the Coun�ty Auditor. He stated that this "proposed" tax levy of $3 , 667, 68� represents a zero percent increase over the 1994 levy. °�ie stated that there is no increase in taxes based .on the levy itself; however, a study by the Depart- ment of Revenue indicates market va,iues have increased for 1995 by approximately three percent. He �tated that this would result in � a slight increase of about $7 . 00 ,%for the average home in Fridley. ,. MOTION by Councilman Billings��to adopt Resolution No. 71-1994 . Seconded by Councilwoman Bolk�om. Upon a voice vote, all voting aye, Mayor Pro Tem Schne,ider declared the motion carried unanimously. �� , 6. RECEIVE AN ITEM FRO�I THE PLANNING COMMISSION MEETING OF AUGUST 10 , 1994 • f� , f A. RESOLUTION NO. 72��1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-03 , TOrSPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS, GENERALLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. (BY TIMOTHY STR=ONG OF STRONG BUILT HOMES) (WARD 2) : � Ms. Dacy, Communi�'y Development Director, stated that this is a request for a la`� split for property located in the southwest corner of 64th A�fenue and Arthur Street. She stated that i:here are currently two �'xisting single family homes on the property that faces 64th Av�enue at 1476 and 1490. Ms. Dacy stated that the proposal is t,�b divide the south half of this parcel . ! � Ms. Dacy s�ated that the Planning Commission recommended approval of this l�St split with seven stipulations. She stated that staff research�d the trees to be preserved on the property, and another stipula ion is also recommended pertaining to an assessment of � C�'`�. $1, 000/ per lot for the storm water improvement. � aBSTRACT DOCUMENT N0. 12 O 3 7 6 3 .0 ABST�CT R°C°�• �� O�"�°dCO�' pNOFCA COUNTY MINNESOTA Datelrkn�z 8 9G (b'3c� 0��qsleasea �� I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFIC Doc.OtdK � d / � 0 Multf-Co DoC Tax Pd FOR RECORD ON FEB 0 8 9 6 4 :3 O PM AND WAS DULY RECORDED. � NeW AT $19 . 5� PAID. �bY p�'��' O TfiflB}0� ❑ D9SC. FEES AND TAXES IN THE AMOUNT OF Flilnq FN� _. �y�5� ❑ Divisbn ❑ GAC RECEIPT N0. 9 6 O O 9 71-4 Def. EDWARD M.TRESKA Delqs: Pku: Q Status � Spec. � ANOKA COUNTY PROP`TE�S AX ADMINISTRATOR/RECORDER/REGIS7RAR OF 71TLES BY DEPUTY PROPERTY TAXADMINISTRATOR/FECORDER/REGISTRAR OF TI7LE ,� .�. �3•-30-��.3a•�9.s;��,� ��Y ., ��, _ ,D3•3o•d�3a-IS�97 b�a�.ka- `U,1 ♦ AGREEMENT This Agreement, dated this lQ7 day of �Gta�i�E7�, 1994, by and between Marian Hedlund, a w'i"z�idow�d 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 13 - 16, Block V, 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: l. 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. . . � r � 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 th'is agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. `�,...',�� ., �., ,� ,� :. `^'�;� ' „jG��J'`', CITY OF FRIDLEY �� ,` oJ_s�.�� `�-'!� � .. . � '� -� r � ! ,,� By: �IL�GSQ tti[J�'�.ltt.tAtQi ; - ,. � � � William W. Burns ; � '� ��`` :�` City Manager ; .-� �.;:"- ��. - � � pu� i j. �'! . ��r ' � _ �,'.�'t• ^�•1•;;^,.,�'' ." 't... .. � 'Y . �. • � �� r � ti t' Hedlund Agreement - Page 3 STATE OF MINNESOTA) _ . ) ss. COUNTY OF ANOKA ) The oregoing instrument was acknowledged before me this�� day of C � , _, 1994, by William W. Burns, City Manager of the City of Fridley. � � � � Not Public CLYDE V MORAVETZ MOTAln►w�6uc-MrNNEsora ANOKA COUNTY � �b��.�.3,.� BY� �� /!� • ° Mar�an Hedlu A widowed and unremarried person STATE OF MINNESOTA) � ) ss. COUNTY OF ANOKA ) �The foregoing 'nstrument was acknowl�edged befo��th� � day of , 1994, by �/f�Gth.c�'z�,; � a widowed and unremarried person. Notary lic �C^..'�tiJ'TWr v " �`"`"� ROBERTA S.COLLINS �_�' ` HOTARY PUBLIC-MINNESOTA �`�,;�-�� ANOKA COUNTY �...,�: *t.,a.. b;y Comm.Exp.Jan.31.2000 Drafted By: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �at��^ `:.r-• �t;;`K>�•w�w. �ho `�,``� � .��.,�`,. �}.. t � z.�� .. h` . ��`c .,� .`�. ..�"t`�>: .:... •`�R� � ��µ:��:: ��:.:. �� MEMORANDUM :t�t.`..`:t.Y k'.:�" :k« <.��`:.. ..��t .:::'zzzz>�::z_ � �::��:��:��```:� pLANNING DIVISION ,•,••a�'.��.:r�developmetrt ?�'�"�;�tonomic ;;��eveloExne�rt S' �.,3 ...........:�-�-�t"�, DATE: October 11, 1996 TO: William Burns, 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