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SP95-09 � = .. ' 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: �Z 9l G�U7�/�G �� /�/' � Property Identification Number(PIN) 13— � �� — �'��-- ��, Legal description:Ltrf /7 w�¢,tsf f�'c. Se,.c� SS.O -fl-�4� Sc�dcvtS�oti# u Lot Block Tract/Addition Current zoning:�—� Square footage/acreage�6, 6_ 3� Reason for special use permit:�[/t-�io.vot� 1��1 i c�-� .�'o�u49�-- ��``� � � Section of City Code: Have you operated a business 'i a city which required a business license? Yes No X If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME�u� �.l�i�cZU� ADDRES S �oZ9/ Ce�vfK� A�i� /U�� T�-I� 5 7 9-l b D 7 DAYTIME PHONE�SS'SSOv SIGNATURE f 1 ,,.,,_�,�. DATE ��b�gr' PETITIONER INFORMATION NAME�� (�I NC.-ZU� ADDRESS C�ZY� C��Tf'2RL !�-fiE �£- DAYTIME PHONE �gFS"SS 0 O SIGNATURE�� DATE�/6 Fee: $400.00 100.00 for residential2nd accessory buildings Permit SP# �ti -•L�^ Receipt# 3t�!o Application received by: � � �i � C "' �/� �� ' ' %`�� ' , � , �� ` ,�-- Scheduled Planning Commission date: - _ %' � � " � �' � Scheduled City Council date: ' CITY O! 1RIDLEY PLAN RBVIEN CHBCxLZBT B. Site Plan: Applicattta Por vacntiona must submit the legal description of the parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location oP all existing and Com lete site proposed structures with distance from boundaries, p plans, siqned by a registered architect, civil distance between structures, building dimensions and engineer, landacape architect, or other design professional, to floor elevations include tha following: 2. Gradinq and drainaqe plan ahowing existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Leqal description (certiPicate o! survey may be required) 3. A1l existinq and proposed points oP egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turninq tadii abuttinq enqineer, and owner of record riqhts-of-way with indicated center line, pavinq width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 5. Description of intended use of site buildin s and 4. Vehicular circulation system ahowinq location and � 4 . dimenbions Por all driveways, parkinq spacea, parkinq lot atructurea including type of occupancy and estimated aieles, service roads, loadinq areae, lire lanes, occupancy load emergency access (it necessary), public and private etreets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land usa trattic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscapinq Plan (i) Size of parcel in eq. ft. 6. Location, access, and screening detail ot trash enclosures (11) Grona tloor eree o! buildings 7. Location and screening detail of rooftop equipment (iii) Percent oE site covered by building 8. Building elevationa from all directions (iv) Percent of eite covered by impervious surPace 9. Utility plan ide�ti[ying size end direction o! exigting (v) Percent of site covered by qreen area water and sewer linea, fire hydrants, distance of • hydrant to proposed building (vi) Projected nnmber of employees (vii) Number of aeats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided includinq handicapped (x) Height of all buildings and structures and number of .'- stories f � 1 Y City of Fridley 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, Septembe►20,1995 at 7:30 p.m.for the pur- pose oh Consideration of a Special Use Permit, SP N95-09, by Paul Litwinczuk, per•Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square teet, on Lot 17, except the South 55.0 feet ihereof, Auditor's Subdivision No.22,generally located a16291 Central Avenue N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 13,1995. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be reterred to the Fridiey Community Development Department at 572-3593. DAVID NEWMAN CHAIR PLANNING COMMISSION (September 7, 14, 1995) 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, September 20, 1995 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #95-09, by Paul Litwinczuk, per Section 205. 07. 01.C. (1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 17, except the South 55. 0 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 13, 1995. Any and all persons desiring to be heard shall be given an - opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3593 . DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: September 7 , 1995 September 14 , 1995 . s ., } _ _ : � . � , i i � � � , � Z � , ; � Old Central Avenue ; w�.�. �� V �i . ♦� V� I�� M V O + E � � � `� • ; N� y , t � w� /�ry V i� �-.p� `[pVp `I� . `4 IiM w� CJ � �� ` Heather Place � �� -- : y � , � � � � . � �� `b V � �� v� �� `� �� _ -� � � _� v� y� � � � r. h' N �D � � M � � �� Q�� I,� �� . . � r� V� �� " ^� "� ' � . O �T ~ � J[ !TI V � r � � � 4 ;f.� �31 " A,,, rr � V . O j � V� V� � �'j �� _+,� , � , � b ,=�� . � �� _ � �� . "� � _ `� ^, '''�o r � O ; ` �- ~ � ^ r I �.►-' Y rt O � `� �� p �� ...� Q� � r• .� � .Z �. . � �w„y �i!]S �� . N ; �•�p �� .-. .. .�.� � .,� ' `RY � #� �� x . ...'�" +�' �+ �` . V,� . . . . � ' _ ^ v� �, M� . , , ... . � � -_ ___ .. ��_____- -�-_ _ _'t�- _ -___ ____----`�' -.__. -.—_ KPrrv i.ana Z � Old Central Avenue �� ^ v� ^� A � �� + V� � " '—� �� ^' �� . ^ � =� � �� y� V� `� +� �� p Heather Place � -- � �-, � -� �� ' � �� o� CD � _� �� `� r� `� v� � �... _ � » � � � - Qa - � . �g p� -� � ^ #� N� M ' �� „� -� � �r N �� 4 � � �� O y� �� n ^ _ = � ^ � _ �� _ - +� � `� � w� ` � �� ^� re �� `° .. Z 4 -- V �» ^� «� P .. y� 'r �� , � F=� ^ VI-+ �� W� N� `,y.. O , � ^ V� ,_� `�► '� � ^� � � _ ._ ��._ _ ..� ._.� � `L __ ___ kPrrv 1.ana _ � a,^; . r `�---- i r i � E i i ! i i i � � SP #95-09 Mailing List Mailed: 9/ 1/95 Paul Litwinczuk Paul Litwinczuk Quality Growth Ltd. Current Resident 6291 Central Ave. NE 804 Black Building 1250 E. Moore Lk Dr. Fridley, MN 55432 PO Box 2561 Fridley, MN 55432 Fargo, ND 58102 Mark and Mary Bue Brickner Builders Inc. Harold/Norma Morgan or Current Resident 6249 Ben More Dr. NE or Current Resident 6229 Central Ave. NE Fridley, MN 55432 6245 Central Ave. NE Fridley, MN 55432 Fridley, MN 55432 Caleb Spooner Gregory Stenhoff Dorothy Miles or Current Resident or Current Resident or Current Resident 6271 Central Ave. NE 6283 Central Ave. NE 1370 Rice Creek Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ida Kassow Yoava Klucsar Greenville College or Current Resident or Current Resident 315 E. College Avenue 1400 Rice Creek Rd. NE 1420 Rice Creek Rd. NE Greenville, IL 62246 Fridley, MN 55432 Fridley, MN 55432 Ziebart Daniel Erickson Current Resident 6300 Central Ave. NE 4611 - 36th St. E 6301 Central Ave. NE Fridley, MN 55432 Minneapolis, MN 55406 Fridley, MN 55432 Current Resident Mark & Jean Schwartz David Newman 1252 E. Moore Lk Dr. or Current Resident Planning Comm. Chair Fridley, MN 55432 1372 - 64th Ave. NE 7635 Alden Way NE Fridley, MN 55432 Fridley, MN 55432 City Council Members C�TYOF .� CITY OF FRIDLEY FRIDLEY; COMMISSION APPLICATION REVIEW File Number File Date Meeting Date 47 8/22/95 9/20/95 File Description: Special Use Permit, SP ��95-09, by Paul Litwinczuk, to allow a second accessory structure in excess of 240 square feet at 6291 Central Avenue NE Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson -�.�� -�' d�� John Flora � T-.-�e-�.L„ D 7 1 a.-;r, I�f� f�(tit-L`,� � Clyde Moravetz Leon Madsen Dave Sallman Dick Larson � , . . C[TY OF FRIDLEY PROJECT SUMIVIARY 6291 CENTRAL AVENUE SPECIAL USE PERMIT REQUEST Agenda ltem. ' Applicant. Paul Litwinczuk Case Number: SP #95-09 I ' Application Date: Aug. 1�, 1995' Staff Reviewer: S. 'Hickok Meeting Date Se;ptembe�' 2Q� 1995 Qctober 2, 1995 �� ; C�ty; Manager;;Authorizat�on ,��`� DESCRIPTION OF REQUEST: The petitioner is requesting a special use permit to allow construction of a second accessory structure at 6291 Central Avenue. SUMMARY OF ISSUES: Code Section 205.07.01.C.(1) states, "Accessory buildings other than the first accessory building, over 240 square feet [are permitted with a special use permit]" The petitioner is planning to enlarge his e�dsting home through the construction of a 8' X 24' room extension on the north side of the e�asting home and building a 2-car garage with a master bedroom above. The garage/master bedroom combination will be constructed 16' west of the e�dsting home (toward Central Avenue) and will be connected to tfie home by a 2-story breezeway. An 18' x 20' garage currentiy e�dsts on the east side of the property. It is the intent of the property owner to keep that garage and eventually improve it so that it is architecturally compatible with the updated home. The Appeals Commission approved a side yard setback variance to correct an e�dsting encroachment and reduce the setback for the proposed garage addition from 10 feet to 7 feet RECOMMENDED ACTION: Staff recommends approval of a special use permit, SP #95-09, to allow construction of a second accessory structure with the following stipulations: 1. The petitioner shall construct a hard-surfaced drive of asphalt or concrete within 12 months of the City Council's approval of SP #95-09. 2. All grading, drainage and downspout locations shall be designed in a manner will prevent detrimental run- off impacts to adjacent property. 3. All necessary permits shall be obtained from the City prior to construction. PLANNING COMMISSION ACTION: The Planning Commission concurred with the staff recommendation. 16.01 � Staff Report SP #95-09, by Paul Litwinczuk Page 2 L I T W I N C Z U K S P E C I A L U S E P E R M I T PROJECT DETAILS Petition For: A special use permit to allow a second accessory structure in excess of 240 square feet Location of Property: 6291 Central Avenue Legal Description of Property: Part of Lot 17, Auditor's Subdivision No.22 Size: 16,694 sq. ft. Topography: Flat Existing Vegetation: Typical suburban, sod, trees Existing Zoning/Platting: R-1, Single Family; Auditor's Subdivision No. 22, 1939 Availability of Municipal Utilities: Connected Vehicular Access: Rice Creek Road Pedestrian Access: N/A Engineering Issues: N/A Site Planning Issues: DEVELOPMENT SITE Code Section 205.07.01.C.(1) states, "Accessory buildings other than the first accessory building, over 240 square feet [are permitted with a special use permit]". 16.�2 ` . Staff Report SP #95-09, by Paul Litwinczuk Page 3 The petitioner is planning to enlarge his existing home through the construction of a 8' X 24' room extension on the north side of the existing home and building a 2-car garage with a master bedroom above. The garage/master bedroom combination will be constructed 16' west of the existing home (toward Central Avenue) and will be connected to the home by a 2-story breezeway. A new driveway, from Rice Creek Road, will be created to serve this garage. ** STIPULATION ** All grading, drainage and downspout locations shall be designed in a manner will prevent detrimental run-off impacts to adjacent property. ** STIPULATION ** The petitioner shall construct a hard-surtaced drive of asphalt or concrete within 12 months of the approval date of SP #95-09, by the City Council. ** STIPULATION ** All necessary permits shall be obtained from the City prior to construction. A two car garage currently exists on the east side of the property. It is the intent of the property owner to keep that garage and eventually improve it so that it is architecturally compatible with the updated home. Mr. Litwinczuk's home is at the comer of Rice Creek Road and Central Avenue. The home on the property south of this parcel is located approximately 20' from the property line. At its closest point, the Litwinczuk home will be approximately 22' from the living portion of the home to tho south. A variance request, to construct the garage addition 7' from the southem property line was approved by the Appeals Commission on September 12, 1995. The existing dwelling is located 3.6' feet from the property line and would need to be completely relocated if the petitioner were to correct the existing encroachment. Description of Parcel & History Subject parcel is located at the southeast comer of the intersection of Central Avenue and Rice Creek Road. The parcel measures 67' x 247'. As it is a comer lot, the shortest of the two street frontages is technically the front yard. Located on the parcel is a single family dwelling unit measuring 20' x 24'. The City has no record of when this dwelling was constructed, though the petitioner has indicated that the original construction took place in the 1930's. Also located on the parcel is an 18' x 20' detached garage, for which a permit was issued in 1973. ADJACENT SITES WEST: Zoning: C-3, General Shopping Center Land Use: Retail SOUTH: Zoning: R-1, Single Family Land Use: Residential 16.03 - ` , Staff Report SP #95-09, by Paul Litwinczuk Page 4 EAST: Zoning: R-1, Single Family Land Use: Residential NORTH: Zoning: G1, Local Business Land Use: Office Mall Comprehensive Planning Issues: This special use permit request and the current zoning is consistent with the Comprehensive Plan. Public Hearing To be taken Comments: RECOMMENDED ACTION: Staff recommends approval of a special use permit, SP #95-09, to allow construction of a second accessory structure with the following stipulations: 1. The petitioner shall construct a hard-surfaced drive of asphalt or concrete within 12 months of the City Council's approval of SP #95-09. 2. All grading, drainage and downspout locations shall be designed in a manner will prevent detrimental run-off impacts to adjacent property. 3. All necessary permits shall be obtained from the City prior to construction. 16.04 ,�.._ �9._,`_ ��. _. .._6..91b___._----..T Paul Litwinczuk ;`� u�£ � � "g'�--.— –, t, �,.__"_o_ L _ _--i SP ��9 � � \ ; \.,_`..% � � � __;� i ; __.. . � i , � i i � irlTi ��tj� � I I [ { i i � � i _ . S I . i oi , �' i � �i —_ _ �� ; � � _ —` I- �� - `�-� I . ,��: � . , , � . {I �c; ; � I ' I I , . j i �II ' I _ � I I I � . . I �I . � � �,_" - 11 I � '' I i � j � i � � " '.i I ' . —, Iili ; I � . � , '! 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(_ 34 43 O 24 COUNi ANOI(A CC CITY OF FRIDLEY r'� ,�'"� PLANNING COMMISSION MEETING, BEPTEMBER�.�'0, 1995 CALL TO ORDER• Chairperson Newman called the September 20, 1995, Planning Commission meeting to order at 7:3� p.m. ROLL CALL• Members Present: Dave �Tewman, Diane Savage, LeRoy Oquist, Dean Saba�;� Connie Modig Members Absent: •Dave Kondrick, Brad Sielaff Others Present: :'` Scott Hickok, Planning Coordinator Paul Litwinczuk, 6291 Central Avenue N.E. APPROVAL QF SEPTEMBER 6 1995 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Modig, to approve the September 6, 1995, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #95-09 BY PAUL LITWINCZUK: Per Section 205.07.O1.C. (1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 17, except the South 55.0 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated that the request is for the property located at 6291 Central Avenue N.E. A special use permit is being requested in conjunction with a variance to allow construction of an addition to an existing home. The variance was reviewed and approved by the Appeals Commission on September 12. The variance allowed the petitioner to construct the addition 7 feet from the southern property line rather than the 10 feet as required by code. The special use permit is for a second accessory structure over 240 square feet. Mr. Hickok stated there is an existing home and garage on the site. The addition is out toward Central Avenue. The property PLANNING COMMISSION MEETING, SEPTEMBER 20. 1995 PAGE 2 is at the corner of Central Avenue and Rice Creek Road. The proposed addition is 22 feet x 24 feet. It is a two-car garage with a master bedroom on the second floor of the addition. A breezeway connects the new garage/master bedroom to the existing house. The code requirement for a special use permit is to protect the open space and to consider elements such as home occupations, etc. , that a second large accessory building might encourage. Mr. Hickok stated staff has determined through their review that this is living space and additional garage space. The current garage is detached. Staff recommends approval of the special use permit with the following stipulations: 1. The petitioner shall construct a hard surface drive of asphalt or concrete within 12 �onths of the City Council's approval of SP #95-09. 2. All grading, drainage and downspout locations shall be designed in a manner which will prevent detrimental run-off impacts to adjacent properties. 3. All necessary permits shall be obtained from the City prior to construction. Mr. Oquist asked if the driveway is on Rice Creek Road or onto Old Central. Mr. Hickok stated the driveway is onto Rice Creek Road and the curb cut for the driveway has already been created. Mr. Newman asked if the structure the petit�ioner is expanding is considered an accessory space even if it is connected by a breezeway. Mr. Hickok stated yes. The trigger is the garage. Even an attached garage is considered an accessory structure. Mr. Newman asked if there had been any comments from the neighbors. Mr. Hickok stated the neighbor had provided positive support at the Appeals Commission meeting. Mr. Saba asked the petitioner if he had any problem with the stipulations. Mr. Litwinczuk stated no. Mr. Oquist asked if the petitioner would lose any trees. PLANNING COMMISSION MEETING, SEPTEMBER 20. 1995 PAGE 3 Mr. Litwinczuk stated yes. The trees are scrub oak and would die soon anyway. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARZNG CLOSED AT 7:38 P.M. Mr. Oquist stated he saw no problems with the request. It is a large lot. MOTION by Mr. Oquist, seconded by Ms. Savage, to recommend approval of Special Use Permit, SP #95-09, by Paul Litwinczuk, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 17, except the South 55.0 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. , with the following stipulations: 1. The petitioner shall construct a hard surface drive of asphalt or concrete within 12 months of the City Council's approval of SP #95-09. 2. All grading, drainage and downspout locations shall be designed in a manner which will prevent detrimental run-off impacts to adjacent properties. 3 . All necessary permits shall be obtained from the City prior to construction. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Hickok stated the City Council would review this request on October 2. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF AUGUST 7, 1995 - MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Parks & Recreation Commission minutes of August 7, 1995. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 3. UPDATE ON CITY COUNCIL ACTIONS Mr. Hickok provided an update on City Council actions. ADJOURNMENT / , , FRIDLEY CITY COIINCIL MEETING OF OCTOBER 2 1995 PAGE 11 Councilwoman Jorgenson stated that Mr. Kiewel has good intentions, but there is a potential that in the future, if the home is sold, someone may wish to convert it to a home occupation. MOTION� by Councilman Schneider to concur with the un imous recommendation of the Appeals Commission and deny Varianc Request, VAR #95-23. Seconded by Councilwoman Jorgenson. ,Jd�on a voice vote, all voting aye, Mayor Nee declared the ,.-xilotion carried unanimously. 15. VARIANCE RE UEST VAR 95-26 BY ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 24. 6 FEET TO ALLOW CONSTRUCTION OF A DETACHED GARAGE GENERALLY LOCATED AT 380 57TH PLACE N E (WARD 1) : Mr. Hickok, Planning Coordinator, stated that this is a request to . reduce the front yard setback to allow construction of a garage. He stated that this is a "double fronted" property and is the best alternative. Iie stated that one change discussed was that if the garage was moved five. feet, it would allow additional garage stalls and open space. MOTION by Councilman Billings to concur with the unanimous . recommendation of the Appeals Commission and grant Varia�he Request, �AR #95-26, with the following stipulation: (1) petitioraer shall install a hard surfaced driveway of asphalt or concr�te by October 1, 1996. Seconded by Councilwoman Bolkcom. Upo� a voice vote, Councilman Billings, Councilwoman Bolkcom, Councilinan Schneider, and Councilwoman Jorgenson voted in favor of �he motion. Mayor Nee abstained from voting on the motion and the ��motion carried by a four to one vote. 16. SPECIAL USE PERMIT RE4UEST SP #95-09, BY PAUL LITWINCZUK PER SECTION 205.07.01.0 1 OF THE FRIDLEY CITY CODE TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 S UARE FEET ON LOT 17 EXCEPT THE SOUTH 55.0 FEET THEREOF AUDITOR'S SUBDIVISION NO. 22 GENERALLY LOCATED AT 6291 CENTRAL AVENUE N E. (WARD 2) : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a second accessory structure at 6291 Central Avenue N.E. He stated that the peti- tioner is proposing to construct an 8 foot by 24 foot addition and construction of a two car garage with a master bedroom above. Mr. Hickok stated that staff recommended approval of this special use permit with three stipulations, and the Planning Commission concurred. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #95-09, with the following stipulations: (1) the petitioner shall con- struct a hard surfaced drive of asphalt or concrete within twelve months of this approval of SP #95-09; (2) all grading, drainage and downspout locations shall be designed in a manner that will prevent detrimental runoff impacts to adjacent property; and •(3) all necessary permits shall be obtained from the City prior to construction. Seconded by Councilwoman Jorgenson. Upon a voice FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 12 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEWAY/ WALKWAY PROJECT NO. ST. 1994-9: Mr. Flora, Public Works Director, stated that bids were opened for the Central Avenue bikeway/walkway project, and three bids were received. He stated that the low bidder was Hardrives, Inc. in the � amount of $349,352.90. He stated that the City's estimated cost of the project was $280,000.00. Mr. Flora said that the State of Minnesota is requiring the C' y to build a pedestrian bridge to State Highway standards. He st ed he felt that by revising the present design, the bridge can e a simpler design. He recommended that the bids be rejected, a this project be re-bid in early 1996. i MOTION by Councilman Schneider to receive the followir�g bids for the Central Avenue Bikeway/Walkway Project No. �T. 1994-9: Hardrives, Inc. in the amount of $349,352.90; ;'Forest Lake Contracting, Inc. , in the amount of $361,734.50; ar}d H & M Asphalt Company in the amount of $399,791.95. Seconded by Councilman Billings. Upon a voice vote, all voting aye, I�ayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reject �tie bids and authorize staff to redesign this project and re-bid �eh early 1996. Seconded by Councilwoman Jorgenson. Upon a voia� vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are several items to be discussed in the conference session. He stated that these are: (1) the Southwest Quadrant condaminium issue; (2) the budget issue regarding personnel; (3) a Stonybrook Creek update from staff mediation meeting with the representatives of Spring Lake Park; and (4) evening hours on Tuesdays from 5:00 p.m. to 7:00 p.m. for City operations. ADJOURNMENT- MOTION by Councilma� Billings to adjourn the meeting. Seconded by Councilwoman Jorgerison. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridle�t City Council of October 2, 1995 adjourned at 9:08 p.m. Respectful�-y submitted, l" i Caro�:e Haddad William J. Nee Se�etary to the City Council Mayor � k FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2 1995 PAGE 11 Councilwoman Jorgenson stated that Mr. Kiewel has good intentions, but there is a potential that in the future, if the home is sold, someone may wish to convert it to a home occupation. MOTION by Councilman Schneider to concur with the unarfimous recommendation of the Appeals Commission and deny Variance'F2equest, VAR #95-23. Seconded by Councilwoman Jorgenson. ��pon a voice vote, all voting aye, Mayor Nee declared the .,:�notion carried unanimously. 15. VARIANCE RE UEST VAR 95-26 BY ANOKA.COUNTY COMMUNITY ACTION PROGRAM ACCAP TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 24 . 6 FEET TO ALLOW CONSTRUCTION OF A DETACHED GARAGE GENERALLY LACATED AT 380 57TH PLACE N E (WARD 1)_ Mr. Hickok, Planning Coordinator, stated that this :�s a request to reduce the front yard setback to allow constructio.^. �f a garage. He stated that this is a tri t one change 'd p cussed was thathifbthe alternative. He stated garage was moved five feet, it would ailow additional garage stalls ?nd onen space. Mpml�� by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variar.�e Request, VAR #95-26, with the following stipulation: (1) the petitioner shall install a hard surfaced driveway of asphalt or concr�te by October 1, 1996. Seconded by Councilwoman Bolkcom. Upon� a voice vote, Councilman Billings, Councilwoman Bolkcom, Councilman Schneider, and Councilwoman Jorgenson voted in favor of t�he motion. Mayor Nee abstained from voting on the motion and the ; motion carried by a four to one vote. / 16. SPECIAL USE PERMIT RE UEST SP 95-09 BY PAUL LITWINCZUK PER SECTION 205.07.01_C 1 OF THE FRIDLEY CITY CODE TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 S UARE FEET ON LOT 17 EXCEPT THE SOU2H 55.0 FEET THEREOF AUDITOR'S SUBDIVISION NO. 22 GENERALLY LOCATED AT 6291 CENTRAL AVENUE N E. (WARD 21 : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a second accessory structure at 6291 Central Avenue N.E. He stated that the peti- tioner is proposing to construct an 8 foot by 24 foot addition and construction of a two car garage with a master bedroom above. Mr. Hickok stated that staff recommended approval of this special use permit with three stipulations, and the Planning Commission concurred. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #95-09, with the foll.owing stipulations: (1) the petitioner shall con- struct a hard surfaced drive of asphalt or concrete within twelve months of this approval of SP #95-�9 % (2) all grading, drainage and downspout locations shall �. ��iqned in a manner that wi31 prevent detrimental runoff ims .� � adjacent property; and O all necessary permits shall ' ined from the City prior to construction_ Seconded by Cour,c�_�woman Jorgenson. Upon a voice . � , FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 12 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEWAY/ WALKWAY PROJECT NO. ST. 1994-9: Mr. Flora, Public Works Director, stated that bids were opened for the Central Avenue bikeway/walkway project, and three bids were received. He stated that the low bidder was Hardrives, Inc. in the amount of $349,352.90. He stated that the City's estimated cost of the project was $280,000.00. % Mr. Flora said that the State of Minnesota is requiring the City to build a pedestrian bridge to State Highway standards. He stated he felt that by revising the present design, the bridge can:be a simpler design. Fie recommended that the bids be rejected, and this proj ect be re-bic; in earl� 1996. � MOTION by Councilman Schneider to receive the following bids for the Central Avenue Bikeway/Walkway Project No. ST. 1994-9: Hardrives, Inc. in the amount of $349,352.90; Forest Lake Contracting, Inc. , in the amount of 5361;73�.50; and H & M Asphalt Company in the amount of $399,791.95. Seconded by Councilman Billings. Ugon a voice vote, al.l Y�t�ng ase, M�y�r N�e deciared the motion carried unanimously. MOTION by Councilman Schneider to reject the bids and authorize staff to redesign this project and re-bid i�4i early 1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried urianimously. " � 18. INFORMAL STATUS REPORTS: '� Mr. Burns, City Manager, stated that there are several items to be discussed in the conference session. He stated that these are: (1) the Southwest Quadrant condominium issue; (2) the budget issue regarding personnel; (3) a ,Stonybrook Creek update from staff mediation meeting with the representatives of Spring Lake Park; and (4) evening hours on Tuesdays from S:OO p.m. to 7:00 p.m, for City operations. . ADJOURNMENT- MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 2, 1995 adjourned at 9:08 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor 30. 16 t , + -- �;�� ;��:'� �x��.,; , _ CITY OF FRI DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 13, 1995 Paul Litwinczuk 6291 Central Avenue NE Fridley, NIId 55432 Dear Mr. Litwinczuk: On October 2, 1995, the Fridley City Council officially approved your request for a special use permit, SP #95-09, to allow accessory buildings other than the first accessory building, over 240 square feet, generally located at 6291 Central Avenue N.E. Approval of this special use permit request is contingent upon the following stipulations: 1. The petitioner shall construct a hard-surfaced drive of asphalt or concrete within 12 months of the City Council's approval of SP #95-09. 2. All grading, drainage and downspout locations shall be designed in a manner will prevent detrimental run-off impacts to adjacent property. 3. All necessary permits shall be obtained from the City prior to construction. 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. r " . , Paul Litwinczuk October 13, 1995 Page 2 Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 27, 1995. � Concur with action taken. _ �, . ..� STATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) 13'3�'�y'y3-��Oy �� In the Matter of: a special use permit, SP ��95-09 Owner: Paul Litwinczuk The above entitled matter came before the City Council of the City of Fridley and was heard on the 2nd day of October , 19 g5 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow accessory buildings other than the first accessory building, over 240 square feet, on Lot 17, except the South 55.00 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: � Approval is contingent upon three stipulations. See City Council meeting minutes of October 2, 1995. • 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 Frid , Minnesota, in the County of Anoka on the �� day of ��,�c,'�, , 19�'Z. DRAFTED BY: City of Fridley 6431 University Avenue N.E. � Fridley, MN 55432 �v� ' / , ��' . '.; =.*;^1 , William A. Champa, City Cz�i"k,..':��:.;R �� _.=t. , ; . > .. , .; Y .' ,.�� (S�AL) . ' @ ` s�' S _ �.j�� , .' .--�, w , �"v . . . . ��,.s� . . .� ip�� ` �M1 � O�i ♦•, . � '� ' �� t Jr�c4`�'4�y1�' 1 ��,�^ - E♦ � �\�... . � � . - .. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 __PAGE 11 Councilwoman Jorgenson stated that Mr. Kiewel has good intentions, but there is a potential that in the future, if the home is so , someone may wish to convert it to a home occupation. MOTION� by Councilman Schneider to concur with the nanimous recommendation of the Appeals Commission and deny Vari�`ce Request, VAR #95-23. Seconded by Councilwoman Jorgenson. ��`Upon a voice vote, all voting aye, Mayor Nee declared th�%motion carried unanimously. '� 15. VARIANCE REQUEST VAR #95-26 BY ANOKAr.COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO REDUCE THE FRONT-'YARD SETBACK FROM 35 FEET TO 24 6 FEET TO ALLOW CONSTRUCT�ON OF A DETACHED GARAGE_,_ GENERALLY LOCATED AT 380 57TH PT.�ACE N.E. (WARD 1) : Mr. Hickok, Planning Coordinato,r; stated that this is a request to reduce the front yard setback' to allow construction of a garage. He stated that this is a "d�iible fronted" property and is the best alternative. He stated t�iat one change discussed was that if the garage was moved five feet, it would allow additional garage stalls and open space. MOTION by Cour��ilman Billings to concur with the unanimous . recommendation�' of the Appeals Commission and grant Variance Request, VAR #95-26, with the following stipulation: (1) the petitioner• shall install a hard surfaced driveway of asphalt or concrete `by October 1, 1996. Seconded by Councilwoman Bolkcom. Upon :.a� voice vote, Councilman Billings, Councilwoman Bolkcom, Cou�cilman Schneider, and Councilwoman Jorgenson voted in favor of t}� motion. Mayor Nee absta-ined from voting on the motion and the R�fiotion carried by a four to one vote. 16. SPECIAL USE PERMIT REQUEST SP #95-09, BY PAUL LITWINCZUK, PER SECTION 205 07 O1 C (1) OF THE FRIDLEY CITY CODE, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING_� OVER 240 SQUARE FEET ON LOT 17 EXCEPT THE SOUTH 55.0 FEET THEREOF AUDITOR'S SUBDIVISION NO. 22 , GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2) : Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a second accessory structure at 6291 Central Avenue N.E. He stated that the peti- tioner is proposing to construct an 8 foot by 24 foot addition and construction of a two car garage with a master bedroom above. Mr. Hickok stated that staff recommended approval of this special use permit with three stipulations, and the Planning Commission concurred. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #95-09, with the following stipulations: (1) the petitioner shall con- struct a hard surfaced drive of asphalt or concrete within twelve months of this approval of SP #95-09; (2) all grading, drainage and downspout locations shall be designed in a manner that will prevent detrimental runoff impacts to adjacent property; and •(3) all necessary permits shall be obtained from the City prior to construction. Seconded by Councilwoman Jorgenson. Upon a voice � • . � - FRIDLEY CITY COIINCIL MEETING OF OCTOBER 2 . 1995 PAGE 12 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEWAY/ WALKWAY PROJECT NO. ST. 1994-9: Mr. Flora, Public Works Director, stated that bids were o$�ned for the Central Avenue bikeway/walkway project, and three ,�"iids were received. He stated that the low bidder was Hardrives, ,,Inc. in the amount of $349,352.90. He stated that the City's es,timated cost of the project was $280,000.00. �'` s` Mr. Flora said that the State of Minnesota is req�iring the City to build a pedestrian bridge to State Highway stanclards. He stated he felt that by revising the present design, the bridge can be a simpler design. He recommended that the bids be rejected, and this project be re-bid in early 1996. MOTION by Councilman Schneider to receive the following bids for the Central Avenue Bikeway/Walkway Project No. ST. 1994-9: Hardrives, Inc. in the amount of $349,352.90; Forest Lake Contracting, Inc. , in the amount of $361,734.50; and H & M Asphalt Company in the amount of $399,791.95. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reject the bids and authorize staff to redesign this project and re-bid in early 1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS's Mr. Burns, City Manager, stated that there are several items to be discussed in the conference session. He stated that these are: (1) the Southwest Quadrant condominium issue; (2) the budget issue regarding personnel; (3) a Stonybrook Creek update from staff mediation meeting with the representatives of Spring Lake Park; and (4) evening hours on Tuesdays from 5:00 p.m. to 7:00 p.m. for City operations. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 2, 1995 adjourned at 9:08 p.m. Respectf�.111y submitted, . ;,. Car,�le Haddad William J. Nee Secretary to the City Council Mayor � � J �ocuMEN-r No. ��;�.1"�t��l �.�� I��i�<�;i 1c_1�:\C�� R.�.,p,� � l� J�' G`.'�`��.d c�°Y IHEREANOFKATCOUNTY MINNESOTA �1�x LI•n��R.I..�.f E WITHIN INSTRUMENTWAS FILED IN THIS OFFICE FOR RECORD ON c — "' � �� r 116:3� ❑ t-" �-=� 1- �� c��_, O�I• Tlm�� MuI11 Co. Doc. Tax P�Id AT ` - � ~>� l> � �Y � , AND WAS DULY RECORDED. / FEES AND TAXES IN THE AMOUNT OF `�f% Oo<. drd�r � ol �T�an�l�r ❑N�w �1',�� '��PAID. ��' RECEIPT N0. � Ch.�l.d 6r� f�ti�a ' � -, �Ol.l�lon []GAC � � ' 0..co�d.bililY �e ��•'��9 EDWARDMTRESKA []Sl�lu� �]D•I. ANOKACOUN7YPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFT/TLES o.n„q,,.,,u pi„� �wb sP.�. ev �� DEPUTV PROPERTV 7AX ADMINISTRATOR/RECORDER/REGIS7RAR OF TITLES . I I I . •