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SP93-18� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEV��LOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached ., .Address:.�`Z.3�.. � �UP.,r..�-o�. . ��c��F� �.�In:. ���v�Z..,... : Property Identification Number(PIN) � � Legal description: � ��Z �O+ `� + �� � ���- 2 Ni 1�CrC�t Lct . B�ock Trac✓r.dditior, . � . � � . . Current�zonuig: � . : � �:. .. . �..�quare.€ootage�ac�eage� . . . . . . ..� . Reason for�special�use}permit: �-lau5e.DriRra�er�c�e��ed 6�•�rr�.r�, �,�,►,�,;;,/�,lu Ic:�:lr�X��p��v � {�af�x�sts t t'e/1ai�i�-��starc��j,� d� Se tion of City C de: 5 (�`T, O�, C�; I ?•� � u�cod -r t3���4.� .r .— W�l I bQ,S.cl�i a/1� �h i fl�n� � -- � - . . . Have you operatecY a business in a.ci�y.which reqa�red�bus nt ess.licerise. : � � . . : � Yes No � If yes, wHich city?.� : . � If yes; what type of business? � Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it ap��ears on the property title) (Contract Purchasers: Fee Owne•s must sign this form prior to processing) NAME ST��tIE�U �!/ /�O E`✓/� C/ ADDRESS ���f ��T ��l /��E, s/����" ��� � �K mN ����- DAYTIME PHONE �� ����5� SIGNATURE DATE /� ��'� `_`J3 PETITIONER INFORMATION NAME ��.�1 i P� C� - � rWl/��' f ADDRESS SOc�� c�su.n/1�./��tqA. � I�pu-nc�(�r P.� rn n. 6�//2. DAYTIME PHONE ��7�(S`� SIGNATURE DATE ��/•-��`�� Fee: $200.00 $100.00, for residential 2nd accessoiy buildings Permit SP# � � Receipt# � � 7-� Application received by: Scheduled Planning Commission date: Q� �Z � Scheduled City Council date: , __: . :.� �'�s� �r 'a^���� �-��"'.���.��+.�^:�.���.�5���_�� �. �:�.,"�.�..,Z���� ..x_��: ��,'�.'���i;���. .��.� ..:_�st,. . CITY OF FRZDLEY PI.7�N RSVIEN CHECRLIBT • e. Site Planr Applicants for vacations must aubmit the legal description of the . parcel (easement, street, etc.) to be vacated. 1. . Propeity .lirre dimensions, location of all existing and propoeed st.ructures with distance from boundaries, Complete site plans, signed by a reyistered architect, civil distarice"'between structures, building dimensions and engineer, landscape architect, or other design professional, to f1ooY el8vations include the following: • ' - • • 2.. Gra9inq and drainage plan ahowinq existing natural A. General: feaCuies (tapography, wetlande, vegetation, etc.) as well as proposed .�rade elevations and sedimentation and storm 1. Name and address of project " watef• �etention ponds.. Calculations for storm water deterition%retention areas•. 2. Legal description (certificate of survey may be required) . � ' � 3. All existinq and proposed points ot eqreas/ingress 3. Name, address, and telephone number of applicant, • ', showing widths of property lines, turning iadii abutting engineer, and owner of record ' .. rights=of=way with indicated center line, pavinq width, � ekisting nnd proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name ' streets and driveways of drawer 4. Vehicular' circulation system showing location and 5. Description of intended use of site, buildings, and dimehaions far all driveways, parking spaces, parkinq lot structures including type of occupancy and estimated ais2es, service roads, loading areas, fire lanes, occupancy load ' emerqe�icy a�;cess (if necessary), public and Qrivate streets, al:eys, sidewalks, bike paths, direction of 6. . Existinq zoninq an3 land use . ' �traffia llow, and traffic-control devices 7. Tabulation box indicating: 5. Landsc��pinq �lan (i) Size of parcel in sq. ft. • 6: Location, .� access, and screening detail of trash enclosures (ii) Gross floor area of buildings 7. '' Locatic+�i and screening detail of rooftop equipment (iii) Percent of site covered b+T building • .8. ' 'Buildinq.elevations from all directions (iv) Percent of site covered bv impervious surface , g.• Utility,,plan identifyinq size and direction o4 existing (v) Percent of site covered b}� green area vhter nnG sewer lines, fire hydrants, distance of . hydrant tq.proposed bui•lding (vi) Projected number of employees • (vii) Number of seats if intende:d use is a restaurant or . , place of assembly " � (viii) Number of parking spaces required " � . (ix) Number of parkinq spaces provided including , . " handicapped ' • . � (x) Height of all buildings arr:l structures and number of " stories , ' �, City of Fridley PUBLIC HEARINfi BEFORE THE PLANPNNG COMMISSION Notbe Is hereby gNen thal there wili be a Pubiic Hearing ot the Fridley Planning Commisslon al the Fridiey Municfpal Center,6431 University Avenue N.E.on Wednesday,Jenuery 12,1994 at 7:30 p.m. }or the purpoae d: Consideration of a Speciel Use Permit,SP k93 18,by Julle Brunner,per Sectbn 205.07.01.C.(I)of the Fridley City Code,to ailow accessory buildings other than the first eccessory building,over 240 square feet,on the south hafl ot Lot 5 and all d Lot 6,Bbck 1,Hillcrest,generaly located at 7235 Easl RWer Road N.E. Hearing impaired persons planning to atterd who rrced an interpreter or other persons vrith disabilities who require auxiliery aids shoukl contact Roberta Cdlins at 572•3500 no leter than January 5,1984. Any and all persons desiring to be heard shall be given an opportun8y at the above stated time and place.Any questio�s related to this item may be reterred to the Fridley CommunRy Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION (December 2B, 1883,January 4,1994) 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, January 12, 1994 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #93- 18, by Julie Brunner, 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 the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road 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 January 5, 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: December 28, 1993 January 4, 1994 SP ��93-18 Julie Brunner ' SEC. �OA T. .��, I�.' 2 4 ' C/TY OF FR/OLEY ' _ � : � 41 I =° �° . --- � °' ,�. . 3,. h, ' i,^ � E//4 I � . � ' � r - - .•. . . __ .. . ___ _ ___ �__-_ __ r 5 f =-�_ � _-1- y� .. ♦ � - � r� , � m. �� ,� ,,.< ;-` �. 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I _ ^ � . .� �i,� y , � �•v�..• �, � «.,I -- !r ',�- �- � ' y� ``• k� �`''�—. ��' �'.I �'� -�i r �'��T_ �t. 1 � �� � ��.�. �� F �� , `..� � �� I '- --i -}- �,Sr-------� ' � � " I;, Cr�.p ° r�; C: � � . —I � -, ,, "> � 3C. � ,��� �s'.. �I V ���_ _:J � - ' , A i� �''`� � .� '=\ � r i ,� „��h 'f c, � -�� � ��" ' ` .(t°) k ;r � 9q- ; � -�— --- ;; : , - �; \ 1�, r� `� M.0 5 — .__- .. "._— � • . ' z .'d ._-_ _` -- __ . RLS 69 TN� WqY NE.' � '—'`�' � I �� , ,r- � ,. _� ...:_ � � �r ., 5 I8 ��' ,44 � "� �z° . 1 � - OCATION MAP Planning 12/23/93 SP ��93-18 Julie Brunner MAILING LIST Council Julie Brunner William Hill 5087 Sunnyside Road 7217 East River Road N.E. Mounsview, MN 55112 Fridley, MN 55432 John Wesserling Jay Perttula 29 Logan Parkway N.E. 7215 East River Road N.E. Fridley, MN 55432 Fridley, MN 55432 Valeria Slovensky Planning Comm. Chair 7234 East River Road N.E. Fridley, MN 55432 City Council Members WWH Properties 901 Winter Street N.E. Minneapolis, MN 55413 Current Resident 7220 Commerce Circle West N.E. Fridley, MN 55432 Karl Schuur 7818 Alden Way N.E. Fridley, MN 55432 Gill Strand 7271 East River Road N.E. Fridley, MN 55432 Yvonne Graves 7255 East River Road N.E. Fridley, MN 55432 `��" Guy Hamman � 7235 East River Road N.E. Fridley, MN 55432 �� - Clyde Borst � ` Route 2, Box 277 �y� Longville, MN 56655 David Fox 7231 East River Road N.E. Fridley, MN 55432 Thomas Bakeman 7221 East River Road N.E. Fridley, MN 55432 � � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP 4�93-]8 C��QF 64 12/6/93 1/ 12/94 Allow 2nd accessory building at FRIDLEY � 7235 East River Road; Julie Brunner COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. � � B p. COMMENTS � ICHE �t � � �e f`•�:.�- , . � LE M. ��C ,�, -z wf,,��-��� �, `�fz: !ae- �r�-;�1� v� ����}<���r �,�-f�. ,� � �� �- I SCOTT E, i � -/�-g /� W1I� �d �, bvr�+d�wn�? L�. JOHN F.r�� � 1r � G �a�i' � � �s�� _-- �-� F lC�f �$. ,a_2r-q i) YDE M. � v r I LEON M. �=� ��� � �QV� S, DICK L. �z-� SP ��93-18 Julie Brunner ' � ` , I , /� �_, � ' � � wP�� �� � , � A (�` M� S ' � ♦ � � ♦ � �` � 1 '� � � e .I `r � 8 � , t ,� ' � / �''/ � � J � ' � GAR .�y . �� io !� --- � , . p� � • � . . S + a� ` ; � � ` - , aT� :�, , ♦ �� ,� �y+ . . s � f� � ,Q , � � 2 � . � %, � " � � , � ' 16t i ,.�. 'r ♦ �S L�� , ..c' 9 �rN E` � �� A , y � ��L� 1 �S�N � � 2 3 �� 3T, PAUL 1 n � �9 � , P , � / WATERW K tiy,, � , 4 , � • M , ` E�4� 1 7 5 '� p M � R , � � � ♦ �o PG� � � 9 S P�'M � I s .s i j I . ; P ; � , , s ��E , . ��� se�p 3� � � , O�A K� G�£ K� � ? � - �c 9 � 1 �' 1 j � AD� � A �9 � � £�2� � g � 5 ;f� � C4fE Pl�Yz �E Q --- _ -- -- ' � — — -- I ,:' , 1 i A6 U' 8 Y 6 4 j 'Z � ; 2 _ . , '� � 5 1 4 µ. ;. � � L PARKWAY 1 , 0 1 � . z� ?i !1 2! P4 25 76 2e 1D ��, L� 1 ; y � o � � EN K N i �� � � 2 4 EN ��R �E 4 � � iP j t /3 _ 3 8 D i N ��e ^ � � -----__ �� � i �e . 2 -_ �I �1 I C � 2 � �� 1 �� c - � � � a �``.' s � � E R < � �� '� ul a � � '�J � 3 Z j — h � ,, J aIV[�2W00(: � � WOO , 28 I -� , , � � � h ° �, Ilt � �r • � e ! 'i 2'� b r �� � �7{�I WAY E 1 9 � 4 A O I H IC K '' '� � c I �� � ARION'S 2 � ,. ; iZ ,� i4 .'s '� � �� \ � I� � 3 TERR CE � E 7 ' i � � I DI,STRICT LEGEND � I • R-1 ONE FAMILY DWG�S ❑ M-i LIGHT INDUSTqIAL � � P-2 TWO FAMILY DWG'S ❑ M-2 HEAVY INUUSTRIAL � ■ R-3 GEN.MULTIPLE DWG'S � PUD VLANNEO UNIT DEV. � 1 R-4 MOBILE HOME PAPK ❑ 5-i NYDE VARK NEIONBORMO00 ❑ P PUBLIC FACILITIES � S-1 REDEVELOPMENT DISTHICT 'Q�' � G IRL � C-1 LOCAL BUSINESS � O-1 CREEK 8 RIVER VRESERVATION � / C-2 GENERAL BUSINE$$ '�' O-2 CRITICAL RREA � • C-3 GENERAL SHOGPIN.G � r� �AMP LOCI C-R1 GENENAL OFFICE ❑ VACFTED STPEETS �J . R ZONING MAP �63�� � T� � B�� HY-LAND SURVEYING INVOICE N F.B.NO._ • i�rnooNd Gornq� Floor S�ALE I" _ LAND SURVEYORS 85�.'7� . Lowst Fov-���5 o D�rwtss to a Dr�ohs wo Type ot BuiMiq- 7Bd5 Bmoktyn H�vd Hmoklyn Puk,Muu�55445 Fw E:eorot 36a1984 :DD0.0 D�noba E: OD�wo1�s Pn � � � �� D�nol�s Su . N � � n � � ROGGENBUCK CUSTOM BUILT HOMES � a � n � � � � c� � D ai ;.� a i n 0 _ � � I � �G N � I � I , �' cn C � y "* -- 288.45 -- �_ � � � �� /L A „f � J .�r lY d rt ��J � U � ' � �D > U � C --- _ --- � �D � O r4.33 �� N d � � . ` `7 � � � 00 Z Q �.� l� r � , ss., � j r'� ��` 0 � � I �b.67 � �y O � ��\ tP v a Q z3.r�� _ � � �i 1" C b n � � � N 22.33 '0 � `' I--' � U' � `n v` - " fD, l0 I�' l ` - 300,2 �p14+� -- � w � � I I 301A5 Lv„cay� � � n7 I I - � � � � lln oNy.r«,+�e�es sAwn r.Lm�pMl.a wmd o.in�oe,wlon wwi0�d br �� LOTS 5 & 6, BLDCK 1, HILLCREST � I Mnby eaitfy tlNt this wrvey re pr+P��e'Y�or v�wr ry dir�ct s�rvisim, �nd tlwt I �� t�ly R�pist�»d L�rd � / � i D turv�yor uder tfie lrrs of tht State oi Mimesou. �-� �. � �� , �»�y�,�� 2ND y�,d DECEh@ER �p 93 �d Milto� E.Hylond, M' . 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'� � rorp,�'�' , I � >(✓(7� � �� ,�.— `— �._ .�y._ a �. `i �� � . _1 _ .. . - - -- \ C'^' c,> .tS4o / �I -m61'vi , �I^ ��� I I � . � ,�., v ;i < h �. �;,, F,I.f��1 l' �r.> � ' _ . AL . ` a ,1. " rt � 1.— � PLANNING COMMIS3ION MEETING, JANUARY 12, 1994 PAGE 11 3 . The petitioners shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or al wed on the premises. 5. The development owner shall notify th City of future additions/expansions of vacant buildi space and shall accept limitations on occupancy of re ining vacant space should parking shortages result. e development owner shall agree in writing to accept is stipulation prior to the approval of the special se permit by the City Council. 6. The special use permit sh 1 be reviewed by the City Council every six months for the first two years and annually thereafter. 7 . As weather permits, the petitioner shall verify the parking stall widt and restripe the parking lot if necessary. 8. A security, 1 ' hting, and surveillance plan shall be submitted pri r to consideration by City Council. UPON A VOICE VOTE, VAGE VOTING NAY, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTIO CARRIED. Ms. Savage state she would-like more information from the Police Department on e types of calls and types of crime to be submitted to the Counci . This might be useful information for the Council to see if t re is an increase in calls during the later hours. Ms. McPhe son stated this item will go to City Council on February 7 , 1994 MOTI by Mr. Saba, seconded by Ms. Savage, to move item #3 to the sec d item on the agenda. ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR ECLARED THE MOTION CARRIED UNANIMOUSLY. 2 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #9 3-18 , BY JULI E BRUNI�IER: 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 the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E. MOTION by Mr. Saba, seconded by Mr. Sielaff, to open the public hearing. � � PLANNING COMMI33ION MEETING, JANUARY 12 . 1994 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CAAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:30 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. Granting the special use permit will allow a 15 ft. by 22 ft. detached garage to continue to exist on the property. Currently, a new single family dwelling unit and attached two-car garage are being constructed on the property. The original dwelling was damaged by fire in 1990 and was removed; however, the original detached garage was not damaged by the fire so it remains on the property. The petitioner is proposing to use the accessory structure for the storage of wood, bicycles, garden equipment, etc. They will re-side and reshingle the detached structure to match the new dwelling. Ms. McPherson stated that the granting of the special use permit does not adversely impact the lot coverage, and the accessory structure meets the setback requirements. As the petitioner does not plan to use the accessory structure for vehicle storage, a hard surface driveway is not required. Ms. McPherson stated staff recommends that the Commission recommend approval of the special use permit with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. Mr. Kondrick suggested that a time limit be put on the re-siding and reshingling of the structure. Six months seems like a reasonable timeframe. The petitioner had no objection with that addition to the stipulation. MOTION by Mr. Sielaff, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND TIiE PUBLIC HEARING CLOSED AT 9:40 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-18, by Julie brunner, 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 the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E. , with the following stipulation: 1. The structure shall be resided and reshingled to match the new dwelling by September 1, 1994. � . PLANNING__COMMI83ION MEETING. JANUARY 12, 1994 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, oICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on February 7, 1994. 3 . (TABLED) CONSIDERATION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING" BY A ING 205. 27 (0-4 WETLAND DISTRICT) : MOTION by Ms. Savage, seconded by Mr. Oquist, to remove the item from the table and continue the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP SON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that since the December , 1994, Planning Commission meeting, staff has made severa revisions to the proposed ordinance. Staff inet with the En ironmental Quality & Energy Commission members who had question regarding compensation and wetland values. Ms. McPherson stated staff also has veloped administrative and public review processes for the se encing requirements. Under the ordinance and state law, the titioner has to go through a series of sets to prove he/she h attempted to avoid, minimize, rectify, and/or reduce or elim' ate impacts to wetlands before applying for replacement pl . For those four sequencing guidelines, staff will be ma ng administrative determinations to the petitioners. Ms. McPherson stated staf will administratively approve exemption certificates based on t e exemption stated in the Act and in the ordinance. Staff wo d utilize the skills of a consultant to review questions reg ding staff's decision prior to notifying the applicant. Ms. McPherson sta ed that for replacement plans, staff has proposed a public review rocess similar to the special use permit process. The replacem t plan review process has a tight timeline established y state law. A decision must be made and the applicant n tified approximately 70 days from the receipt of an applicatio . Staff proposed and the City Council concurred that the Plan ng Commission would conduct a public hearing which will allow opportunity for public comment and testimony. The Planni g Commission would make a recommendation to the City Coun l, and the City Council would pass a resolution either app oving or denying the replacement plan. The City can also ap rove replacement plans with conditions similar to a special use. s. McPherson stated the Environmental Quality & Energy Commission requested an update on the owners' meetings held in early December, and that update was included in the Planning Commission agenda. These informational meetings went well. ' •, � S TAFF REP O RT � Community Development Department - Appeals Commission Date Planning Commission Date : January 12, 1994 . City Council Date: February 7, I 994 REQUEST Permit Number SP ��93-18 AppliCant Julie Brunner Proposed To allow a second accessory structure over 240 square feet Request Location 7235 East River Road N.E. SITE DATA Size 22, 125 square feet .51 acres Density Present Zoning x-1 , Single Family Dwelling Present Land Use(s) Residential Adjacent R-1 , Single Family Dwelling on all sides Zoning Adjacent Land Use(s) Residential on all sides Utilities Park Dedication Watershed District ANALYS�S Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECONIlVIENDAITON � Staff Approval with stipulations Appeals Commission Planning Commission Approval with stipulations Author �/dn + � Staff Report SP #93-18, by Julie Brunner Page 2 Request The petitioner requests that a special use permit be issued to allow a second accessory structure over 240 square feet. The request is for Lot 6 and the south half of Lot 5, Block 1, Hillcrest Addition, the same being 7235 East River Road N.E. Site The subject parcel is located between East River Road and the Burlington Northern railroad tracks. Located on the parcel is a new single family dwelling unit with an attached two-car garage. The property is zoned R-1, Single Family Dwelling as are all surrounding parcels. Analysis Granting the special use permit would allow a 15' x 22' detached garage to continue to exist on the property. The original dwelling located on the property was destroyed by fire in 1990. The garage, which was constructed in 1959, was not damaged by the fire. The City issued a wrecking permit on September 13, 1990 to remove the remains of the dwelling. On November 22, 1993, the City issued a permit to construct a new dwelling on the subject parcel. At that time, the petitioners were informed that if the existing garage was to remain, a special use permit would need to be granted. The petitioners propose to use the accessory structure for storage of wood, bicycles, garden equipment, etc. The petitioners propose to reside and shingle the garage to match the new dwelling. Granting the special use permit would not adversely impact the lot coverage. The accessory structure meets the setback requirements. As the structure will not be used for vehicle storage, a hardsurface driveway is not required. Recommendation The accessory structure does not impose an adverse impact to the subject parcel or surrounding parcels. Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. 12S -. Staff Report SP #93-18, by Julie Brunner Page 3 Plannina Commission Action The Planning Commission voted unanimously to recommend approval to the City Council with the stipulation as amended: 1. The structure shall be resided and shingled to match the new dwelling by August 1, 1993. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 12T � Community Development Department t� PLANNING DIVISION City of Fridley DATE: February 3 , 1994 �� . T0: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #93-18, by Julie Brunner; 7235 East River Road N.E. The Planning Commission reviewed the request to allow second accessory structures over 240 square feet at its January 12, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling by August 1, 1993 . Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-94-30 120 '� '4 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 , 1994 PAGE 10 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 15-1994 APPROVING PLAT, P.S. #93-02 , SHOREWOOD PLAZA REVISED (GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE) : Mayor Nee felt that the next item on the agenda to vacate these easements should be considered before the plat. 11. FIRST READING OF AN ORDINANCE UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #93-03 , BY THE CITY OF FRIDLEY) : MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 15-1994 APPROVING PLAT, P. S . #93-02 SHOREWOOD PLAZA REVISED (GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE) : Ms. Dacy, Community Development Director, stated that this plat is to correct right-of-way �rrors along East Moore Lake Drive and dedicate new easements. - � She stated that all property owners involved in this reque�t contributed to the final plat process. ; MOTION by Councilm�n Schneider to adopt Resolution No. 15-1994 . Seconded by Counci'lwoman Bolkcom. Councilman Billings asked if the original plat was reviewed to make sure any stipulations on that plat were included in this revised plat. Ms. Dacy' stated that she has reviewed the original plat, and there were no stipulations which would apply to this plat. U� A VOICE VOTE TAKEN ON THE ABO�IE MOTION, all voted aye, and yor Nee declared the motion carried unanimously. 12 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 12 , 1994 : A. SPECIAL USE PERMIT REQUEST, SP #93-18 , BY JULIE BRUNNER, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 7235 EAST RIVER ROAD N. E. • Ms. Dacy, Community Development Director, stated that the original home on this property was destroyed by fire in 1990, and the property owners are completing the new home. She stated that in . � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 9 MOTION by Councilman Billings to adopt Resolution No. 12-1994 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 13-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS OF COLUMBUS, FRIDLEY: MOTION by Councilman Schneider to adopt Resolution No. 13-1994 . Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 14-1994 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCH OF ST. WILLIAM: MOTION by Councilman Billings to adopt Resolution No. 14-1994 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8 . ESTABLISH A PUBLIC HEARING FOR FEBRUARY 22 1994 FOR JANG-WON RESTAURANT FOR AN ON-SALE BEER LIQUOR LICENSE: MOTION by Councilman Billings to set a public hearing date of February 22, 1994 for consideration of an on-sale beer liquor license for Jang-Won Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9 . WAVE TEMPORARY STGN PERMIT FEE AND DEPOSIT FOR THE MINNESOTA MULTIPLE SCLEROSIS SOCIETY: Ms. Dacy, Community Development Director, stated that this is a request from the Multiple Sclerosis Society to waive the temporary sign permit fee and deposit to allow them to display a banner promoting the Super Cities Walk to raise funds to fight multiple sclerosis. She stated that the banner is four feet by eight feet and is to be displayed at the SuperAmerica at 7299 Highway 65 N.E. Ms. Dacy stated that staff recommends this request be granted to waive the temporary sign permit fee and deposit, as the sign code permits the Council to waive the fee requirements for non-profit organizations. MOTION by Councilwoman Jorgenson to waive the temporary sign permit and the � deposit to display this banner, as requested by the Multipl� Sclerosis Society. Seconded by Councilman Schneider. , Counc�lman Billings stated the deposit would be returned when the banner is taken down so there really is no expense to this organization, if they paid the deposit. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 , 1994 Pp from 50 feet to 35 feet. She stated that this item came to L.. City' s attention in response to a call received regarding work being done without a building permit. She stated that the petitioner constructed a 15 foot by 40 foot addition to the existing block building to deter vandals from damaging cars. Ms. Dacy stated that the Appeals Commission recommended approval of the variance. She stated that the petitioner has advised her that he felt the actual setback from the south lot line was 41 feet, so he would only need a nine foot variance. She stated that in order to be safe, staff recommends the variance be approved to the 35 foot setback, as it is difficult to determine why there is a six foot discrepancy between the measurements without a certificate of survey. Mayor Nee asked about the addition and how it was attached to the existing building. Ms. Dacy stated that the footings along the south wall are essentially a series of two by fours. She stated that the Building Department had not reviewed the plans prior to construction. However, the inspectors have now been out to inspEct the building, and there are no frost footings underneath the addition. She stated that the preliminary interpretation is that this is not permitted. Alternate means will have to be reviewed, which may necessitate the petitioner to provide the frost footings. Mr. Awaijane, the petitioner, �tated that he started to build this structure by just adding a roof and then he installed the walls. He stated that he called for a permit, but the inspectors never knew anything about the shed. He stated that he has a four by four treated plate bolted two feet into the asphalt to provide a footing for this structure. He stated that the entire building is built on top of the asphalt paYking lot. Councilman Schneider s,�ated that his concern is how the City would enforce what has to be done to meet the codes if the variance is granted. � Ms. Dacy stated that this would be enforced through the building permit process. / . Councilman B�lings suggested that perhaps there should be a stipulation t at if either of the other two buildings lose their non-conform' �g status this variance would automatically expire. He stated at he would not want to approve a variance that some future pr perty owner may misunderstand that it was satisfactory to buildithat close to the property line. 1 Council�man Schneider stated that he understands the hardship caused by the`vandalism, but asked if this is related to the property. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 . 1994 PAGE 11 order to keep the original garage on the property a special use permit is needed. Ms. Dacy stated that the Planning Commission has recommended approval of this special use permit with the stipulation that the structure be re-sided and shingled to match the new dwelling. She stated that there were no adverse comments from the surrounding neighbors. Staff also recommends approval of this request. Ms. Dacy stated that the structure is not to be used for any type of vehicles; therefore, there was no stipulation for a hard surface driveway. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #93-18. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the stipulation that the garage be re-sided and shingled has been completed; however, he asked if the code provides that there has to be a driveway. Ms. Dacy stated that the code does not necessarily state that a driveway has to be provided if there is a gara.ge. She stated that the Planning Commission determined that because this was to be used for storage, a driveway was not necessary. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 22i 1994 FOR AN ORDINANCE RECODIFYING THE FRIDLEY CITY C2UE CHAPTER 205 ENTITLED "ZONING, " BY ADDING 205. 27 {O-4 TLAND DISTRICT) AND RENUMBERING OFFICIAL TITLE AND SUMMARY'205. 28 • MOTION by Councilman Schneider to set �he public hearing on this item for February 22 , 1994 . Secon� by Councilwoman Jorgenson. Upon a voice vote, all voting ay ; Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jor enson to receive the minutes of the Planning Commission meeti g of January 12 , 1994 . Seconded by Councilman Billings. U n a voice vote, all voting aye, Mayor Nee declared the motion c ried unanimously. 13 . RECEIVE ITE FROM THE APPEALS COMMISSION MEETING OF JANUARY 11 1994 : A. VARIANC RE UEST VAR 93-35 BY SAMIR AWAIJANE SAM' S AUTO BODY O REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 10. 5 EET• TO REDUCE THE SETBACK FROM A RESIDENTIAL DISTRICT FR 50 FEET TO 35 FEET ALL TO ALLOW THE CONSTRUCTION OF A ORAGE SHED AT 7570 HIGHWAY 65 N.E. : �� Ms: Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 25 feet to 10 . 5 feet and to reduce the setback from a residential district _ _ C�TY OF FR[DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE February 11, 1994 Julie Brunner 5087 Sunnyside Road i�lour..x5view, Piiv 551I2 Dear Ms. Brunner: On February 7, 1994 , the Fridley City Council officially approved your request for a special use permit, SP #93-18, to allow accessory buildings other than the first accessory building, over 240 square feet, on the south half of Lot 5 and all of Lot 6, Block l, Hillcrest, generally located at 7235 East River Road N.E. I determined on a site inspection on Monday, February 7, 1994 that you have completed the siding and roofing as originally stipulated by the Planning Commission. The City Council was advised that you had completed this requirement. If you have any questions regarding the above action, please call me at 5 -3590. ince ely, arbara Dacy, AIC Communitv Develo en irector BD/dn cc: Stephen W. Roggenbuck Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by February 25, 1994 . ,�---� _ i f� -7 � { t c�c_ ,. /,��2C��i�� f� C cur with action taken. _ C��OF FRIDLEY FRIDLEY MUNIC[PAL CENTER •6431 UNNGRSI"I'Y AVE. N.E. FRIDLEY, MN i�43? • (61�) 571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE February 11, 1994 Julie Brunner 5087 Sunnyside Road Moundsview, MN 55112 Dear Ms. Brunner: On February 7, 1994, the Fridley City Council officially approved your request for a special use permit, SP #93-18, to allow accessory buildings other than the first accessory building, over 240 square feet, on the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E. I determined on a site inspection on Monday, February 7, 1994 that you have completed the siding and roofing as originally stipulated by the Planning Commission. The City Council was advised that you had completed this requirement. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director - - --rsu7�r- ___ _- — - - -- cc: Stephen W. Roggenbuck� Please review the above, sign the statement below and return one copy to the City of Fridley Planning D � artment by February 25, 1994 . � G' � Concur with a taken. � - r � 5TATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY � 114312�; In the Matter' of: a special use permit, SP ��93-18 Ownez': Stephen Roggenbulk (petitioner: Julie Brunner) The above entitled matter came before the City Council of the City of Fridley and was heard on the 7th day of February , 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 accessory buildings other. than th�e first accessory building, over 240 square ' feet, on the south half of Lot 5, and allof Lot 6, Block 1 , Hillcrest, generally ' ' . located at 7235 r.ast River Road N.E. • IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: • Approval with no stipulations. See City Council_ minute.s of February 7, 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 FriS�ley� Minnesota, in �he� County of Anoka on the 87y day of `I'�a,�� , 1g 9 DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 � William A. Champa, City Clerk:, ;,r ; (SEAL) , . � . .� . , � :�� , j_ . .`�,'. �� .... '•t�^ '11'" - : - r � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 . 1994 PAGE 10 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and � Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 15-1994 APPROVING PLAT P S #93-02 SHOREWOOD PLAZA REVISED (GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE) : . Mayor Nee felt that the next item on the agenda tcs' vacate these � easements should be considered before the plat. r,, 11. FIRST READING OF AN ORDINANCE UNDER SECT N 12. 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AN TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST �AV #93-03 , BY THE CITY OF FRIDLEY) • i MOTION by Councilman Schneider to waiv the reading and approve the ordinance on first reading. Seco , ed by Councilwoman Bolkcom. Upon a voice vote, all voting aye�;�Mayor Nee declared the motion carried unanimously. � 10 . RESOLUTION NO. 15-1994 AP,�ROVING PLAT P.S. #93-02 SHOREWOOD PLAZA REVISED GENERA �Y LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST M RE LAKE DRIVE : Ms. Dacy, Community Dev opment Director, stated that this plat is to correct right-of-w errors along East Moore Lake Drive and � dedicate new easeme s. She stated that all property owners involved in this re est contributed to the final plat process. MOTION by Counci man Schneider to adopt Resolution No. 15-1994 . Seconded by Cou cilwoman Bolkcom. Councilman B' �lings asked if the original p.lat was reviewed to make sure any s ' pulations on that plat were included in this revised plat. Ms. Dac stated that she has reviewed the original plat, and there were stipulations which would apply to this plat. UP A VOICE VOTE TAKEPI ON THE ABOVE MOTION, all voted aye, and yor Nee declared the motion carried unanimously. 12 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 12 , 1994 : I�_ SPECIAL USE PERMIT RE UEST, SP n93-18 , BY JULIE BRUNNER, �I'O ALLOW ACCESSORY BUILDINGS OTHER THAN `I'HE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALI,Y LOCATED AT 7235 EAST RIVER ROAD N. E. : Ms. Dacy, Community Development Director, stated that the original home on this property was destroyed by fire in 1990, and the pr_operty owners are completing the new home. She stated that in ' i , FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 7 , 1994 PAGE 11 � order to keep the original garage on the property a special use permit is needed. Ms. Dacy stated that the Planning Commission has recommended approval of this special use permit with the stipulation that the structure be re-sided and shingled to match. the new dwel�ling. She stated that there were no adverse comments from the surrounding neighbors. Staff also recommends approval of this request. Ms. Dacy stated that the structure is not to be used for any type of vehicles; therefore, there was no stipulation for a hard surface driveway. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP ##93-18. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the stipulation that the garage be re-sided and shingled has been completed; however, he asked if the code provides that there has to be a driveway. Ms. Dacy stated that the code does not necessarily state that a driveway has to be provided if there is a gara.ge. She stated that the Planning Commission determined that because this was to be used for storage, a driveway was not necessary. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 22 1994 FOR AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER �05 ENTITLED "ZONII�IG " BY ADDING 205. 27 O-4 WETLAND DISTR T AND RENUMBERING OFFICIAL TITLE AND SUMMARY 205 . 28 : MOTION by Councilman Schneider to set the public earing on this item for February 22 , 1994 . Seconded by Coun ' woman Jorgenson. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to rec.eive the minutes of the Planning Commission meeting of Jan ry 12 , 1994 . Seconded by Councilman Billings. Upon a voi vote, all voting aye, Mayor Nee declared the motion carried u nimously. 13 . RECEIVE ITEMS FRO THE APPEALS COMMISSION MEETING OF JANUARY 11 , 1994 : A. VARIANCE RE U T VAR �93-35 BY SAMIR AWAIJANE SAM' S AUTO BODY TO R � UCE THE REAR YARD SETBACK FROM 25 FEET TO 10 . 5 FEET• O REDUCE THE SETBACK FROM A RESIDENTIAL DISTRICT FROM 50 ET TO 35 FEET ALL TO ALLOW THE CONSTRUCTION OF A STORAG SHED AT 7570 HIGHWAY 65 N. E. : � Ms. Dacy, Community Development Director, stated that this is a reques for a variance to reduce the rear yard setback from 25 feet to 10 5 feet and to reduce the setback from a residential district r � � 11031�b Numerical _ Grantor Grantee �.�+ RCCO!CJec� yR.�— Chc�k�d,,%___ . M3rgin " , Tr. ind�x � �:;;: w � I �8 -F� � O .q �17 tis F'� � � ����k�'� r�`J'n, ,o,�-a ;1({9F�'$K7� � �`'�Ai��i�S7�r'��,�Ai � ,� .�.,�. ��r;,s �,'''.;� ���r�a- P PV@YE:v'� ����c.�'� °' - ►�( ,�C6fLl P"�iif:Ct J/iuri � : :f�� :;4'.-:• ��„�_......U,...J.��-.�-.� 5:�;"' � :..,.. ��K '� �, . .:�s / ;•:>c;;,�;�d - lr ?1-y;-i.af.jid�t ��;�tiiiii.V� +'. ..x By OB �iY ( ` � ����./Wl \� � �