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SP91-02 . - �-V G�•. �cr��( �a,•c-E-ovl � � � -��ss- -�'oK ��pw ��, 4.2 4 6431 L�IIVERBITY AVENUE N.E. FRIDLEY, �IId 55432 �0�� S3�Development DeQartment (612) 571-3450 �i��- ��31 ^t SPDCIAL U�E PE[d+IIT AP'PIaIC�TI�T F�I � � PRfJPER'I'Y II�ORi�Ti�T - site plan required for sutmittals; see attached t Address: (L?�d ��FC..C� �(� - Legal description: , Lc�t / y _7�i. T,� slocx � Tract/1�ddition �� l/+ �f�i i ��`�� CUrrent zoning: � L� Square footage/acre.age ��Q� //� Reason for special use pernut: � _�'L lJ 0 f) PL.A( i� sec.-tion of City code: �l`J . z-�( � �""�a � �> , _��_.._�.._......__��___.._____�__..__�_�___..___.._____--___.._�___....__.._..�_..__________ F'EE OWi��R II��OR'N�iTIO�T (Contract Purrhasers: Fee Owners must sign this form prior to prooessing) � �� n�,�- �ss (� �o 03 v��i��v -r. �� ,r� -3 �yy szc�� Ct�� .�►., n�,� �rrria� nu��,zza�r r� ,�� P ADDRFSs D U <J/�/�,1�-� b ST. �� nA�rn� � `Z�� - 36 �'y szc��vx� � �c�.,,� Vl��n�. n� � � � Fee:__�_ L- 200.ooy~~ � ��_.��_��....�___________�__��_�_�_�_��.._..__.._.. � r $100.00 for reside.ntial secorr3 aooessoxy buildings �t sP # � ` - � �_ �� # .3� 9�s Application reoeived by: Scheduled Planning Cc�rtnission date: ��'J o Z- .�.�� q�� Scheduled City Cozuicil date: _..��..__��.._�__��_�..__��__,...�__�...._�..�_�_��_�_..�_..��__�.._��___�......� : ;r� � ++ :� , "� -;, r �. s� .' '�„ � � ,w - s� � r-.a,� ��:i .wq i "lj�' -- � ,�, e" , ''4 � tx t 4 t dy.,�h��;��.�a�� : t"'` y �a, � �: ,�'¢.�4. a�. ?�.�i;"` � - ? -�t�u . .. _,.Y. .e '.�."...j .. . ....�. , ,.,_ 33_..�r �i ..�tdi .A_ ..�!a'�'-��,..�. _x-,.....,#�°�4..,s, .,a:� a� a�sC�.� .. ;_{ a 1 j CITY OT lRIDLL7 PL11N RLVILIf CHL'C1CLI8T I Applicants for vacations must submit the leqal descTiption of the B. Site Plan: parcel (easement, street, etc.j to be vacated. ' 1. Property line dimeneions, lxation of all exiatinq and I Complete site plans, signed by a reqistered architect, civil proposed structures with distanca from boundaries, enqineer, landscepe architect, or other desiqn professional, to distance between structurea, building dimensiona and include the followinq: floor elevations � i 1►. General: 2. Grading and drainag� plan shovinq existing natural features (topoqraphy, wetlands, veqetation, etc.) as well 1. Name and eddress of project as proposed grade elevations and sedimentation and stona water retention ponds. Calculations for storm water 2. Legal description (certificate ot survey may be required) detention/retention areas. 3. Name, address, and telephone number of applicant, 3. all existinq and proposed points o! eqr�ss/ingress I enginaer, and owner o! record showing widths ot property linas, turning radii abutting rlghts-ol-vay vith indicated center line, width, pavinq 4. Date proposed, north arrov, scale, humber of sheets, name width, existing and proposed median cuts, and inter- of drawer sections of streets and driveways 5. Description o! intended use of aite, buildings, and 4. Vehiculer circulation system shoving location end atructures including type of occupancy and estimated dimensions for all drivewa s occupancy load y , parkinq spaces, parking lot afsles, service roads, loadinq areas, fire lanes, emergency access (if necessary), public and private 6. Existinq zoninq and land use streets, alleys, sidewalks, bikepaths, direction of 7. Tabulation box indicating: traffic flow, and traflic-control devlces 5. Landscaping Plan (i) Size of parcel in areas of sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildinqs enclosures I (iii) Percent of site covered by buildinq 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface 8. Building elevations from all directiona (v) Percent of site covered by area 9. Utility plan identifying eize and direction of exiatinq water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parkinq spaces required (ix) Number of parking spaces provided includinq handicapped (x) Neight of all buildings and structures and number of stories ' , 4.22 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, February 20, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 02, by Vance and Mary Nelson, per Section 205.24 .04 . (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 6, 1991 February 13, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 4.23 Planning 2/ ]/91 SP 4�90-02 MAILING LIST Council Vance & Mary Nelson Garland Lagesse James Brady 7951 Broad Avenue N.E. 64 ] Buffalo Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Bowe/Resident Joel Marquardt 7919 Broad Avenue N.E. 7921 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 James Bowe Earl Gemmill 2546 - 3rd Street N.E. 468 Longfellow Street N.E. Minneapolis, MN 55418 Fridley, MN 55432 Stephen Sundquist Kevin Holman 630 Cheryl Street N.E. 571 - 79th Way N.E. Fridley, MN 55432 Fridley, MN 55432 Clark Nason Bergsagel and Rogness 614 Cheryl Street N.E. 16515 - 6th Avenue North Fridley, MN 55432 Plymouth, MN 55447 Gordon Hedlund Walter Rasmussen 1255 Pike Lake Drive 541 - 79th Way N.E. New Brighton, MN 55112 Fridley, MN 55432 Frank Shimek Earl Gemmill/Resident 7901 Riverview Terrace N.E. 555 - 79th Way N.E. Fridley, MN 55432 Fridley, MN 55432 Bruce Thompson Robert Kohls 6212 Hillside Road 640 Cheryl Street N.E. Edina, MN 55436 Fridley, MN 55432 Bruce Thompson/Resident Vance Nelson 630 Buffalo Street N. 600 Buffalo Street N.E. Fridley, MN 55432'� Fridley, MN 55432 Margaret Iverson City Council Members 7899 Broad Avenue N.E. Fridley, MN 55432 Planning Comm. Chair Barbara Bollig 581 Buffalo Street N.E. Fridley, MN 55432 Anthony Turek 611 Buffalo Street N.E. 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I - �� ' '� � .I � . .• ��, .. • •�Y� I • ', '-- /' .. , ' ' • ' • 'I • � • �1 . - . . . . `,� �'� � � • t , . � ,�:,��✓ •�•. �. �' �,o�ncr,✓n FLOOR PLAN �ANCE SURVEYING & ENGINEERING CO. .ry.Na 101 Miaaaonka.MN 33313 Phone(612)17179W Fu(612)171 R267 y�g; VANCE NELSON Q � � rrw � � CTr�rr " _ .�i R r_ —� �� lenuary 10,1991 0 o N EQ; Ianuary 11,1991 c' •.--- g-s10500�wE� - DESCRIP'TION� ' � i.20��021,81oekY.RIVERVIEW HEIGH'IS.MokaCounry,Minneson. : � r Ekvafion of doonni� etl.9t i I h� I � .` Z �S noNs: ...,. I t�I �� .-, ,� �,� �� 1��14 NOR dOHAd'Ia't11y�YcY/k�Mlll c1�ls W O�Of�f�b AI��lo��Ilo�/7�'!fM!!1 ROO�t j t � re'ee.ubo.inN�IK cca.�soes r bn o..�Ae papery no.�a�.�d��e��b�� tZt s y �. �r,rc d W AoMl�p. If H�nc Y aq doxM mKe'wMi�Ae�av�q d t4 kpl O��1pla4 aa�pcur�1�1 m�rd e I I W�eI w pen«..�nk.e'cs.r w.e.W 1e op+.io.far ar.e w p.ep.A��6e...ey. w..�o.n.y uu� I OLL`C Z .ns� YcA dr�Yen Warr r M>.AkY R Mppee to Eaone wvc d iMoq�aher�ourca T�e rncy�Aen ony t�o�e ��d �NKf Y!vilEl!MW�AiC�R AR�I�ponM„. F pi �RD SYMBOL�CONVENTIONS: . M � s: � � s 1�7 ID pipc wi�h plastic plu6 bnrinc Su�e Uansc Numbu 10335.sc4!f•o'b fillod(n.thea OC o' 2t.f � o a undlmnmonumen�. Zo � ��- a� � _ � `� 7 l a ICATION: }-' �.`� .� ` � � � i I �N rn �nfk�hat�hls survey wat prc�rrcd�ry me or undcr my Jircct supervisbn an0 iAs�1 am a duh � � Z Land Suncwr undcr�hc Lars o(�hc S�aic of Minncsoia. ^ `�' � , o.n ` , ' " � '. f -� �`' ` ( ., rrM .r: /��J_ ��-r d OAR - �� L/A ..i 1•.J C �/ Par►crR. S.IOStS~ '••I � � � ,�"�� ..�J t �� E: OyE INCH EQUALS ZO FEET y� �y I � Z ~ ' � , ,' ._ ------ •,�: : ".:a;QsiQie'w. zS %�, c cn �� y 1 �-d � �v . � rn � � 0 � �oB Ha e�oo�t N r - -- � z � � � SP ��91-02 Vance/Mary Nelson 4 18 _ ,______-- . ' ' ��N1�;� � � � . �� - - - '.�_rio�i,aa.i-- ' ' � � . � .. . --.---�=o:�.--__- . . . . � . . � � ' � • � • ,.:_ . . - �� . . � � ., � j . . , . ' . • . _t �� . � i �� I . ... . ' •. � .I I ' . .. y..: . . . . , . ' ' . . . . . � �• � _ � � � � �� .� ' . , i i , • r.� �� , � � � � �—, . � i' � � . � . . .I ,/ : r : � _ ,, . .. �o� � �. . . . . � . . _� - � �� .. . i Q�_ . . � �� _- - � 1� . ,i� _ � _J l , ,— �— — ,. .. . . . �,� . . • � � . . � - - . � . ,�.. . . ., _. . � � , , � - , ��.. . �.. �`.. � ., •1. ��uLL�' , / � , I• � �•�� .�' _ - � � � �. . � . _ d�� - — —, — — — — — - — — •.� I i -� - - �� , , . . . . . .,; .� , i � � . � - . � : I �.-. � . _ ,: . . . . . , � .� ., . � . .. . . , � . . . , , . . , +. � . � , �. � ;.. � � I I . . � , �� .. , ��•;'1 � � I ' t�� — • ' _ � � i� ' � I � � . __ - - 4' �.:, •� • - � ' � * 1 � � II � ` .1 __"s.'__'__—�-._-�_ 'I :. . , ' • , ' .I - ''/ � ' .Gl)1 ' � .� ' � .�� i.,( . i . � .. '�v:f . , / .. ,.. . � . • I . M` . ' . . \�� I i � ' • � ' � . . • •a•. . �, FLOOR PLAN SP ��91-02 Vance/Mary Nelson 4 19 . , . _ � . . � � �� v�E.Jy'(oKtTtHEN be1.oW ' . F) _ , '� : �tNLIN4 -----_F111E -�/ _ I ' • • -- —'-- - — . �i . P�+'tLGON`� — (�Ep�CCoNi� � �� v_ � , ' I -a4T _� ' " '� . , � � ' ,` C°'T" ;' � � � s.na�ves �irl. . G�^VMt� ,� r = i n � . t�-TE�C r�a�►-t w.i. � . � c��o�►�"2. � n sEco N� F lr��, PI�,N. � � II� •-��o" FLOOR PLAN SP ��9 ]-02 Vance/Mary Nelson 4.2 , � . . �. . . Y / l . � I . . ' • . ' `,� , t � I I . ' ` � i� I � I I ! � I i I ! � •� � I I I ' . . � � � '� � j � , �� • �I � � s �I , _ �! � ; 7 . „ � � o � � ;; r � (� W , � � y; �( I � 4 ' �� . � I � � . . Y . 2 � � � �' �� I � � . i ; ii , `' � - --- . ;, �. : , � � d� --- �` _. L.-�. � i `'= . :__ � t:� i � _0 : = � l.._ � � —( � - ,,� •� a , -:s` p -- - ,' . � __�. � . p� � a� � � . �, . . � . /�, C . '1,ri , �� . .. ' I i r � • . � � ; �11 � �— --- , � � � � J V� ' `_` �F Z � � Y� f� � �' i i ' ��, � � � f. � � �� / SECTION . . � . � � \1, �� . � � fAllll , � �' ' �� , ,.�.. .� . - � �� R +1 _.�- !�►{;,. _�--�=] ��. , :�=J ��I, ��II 1 � ��.� � � ►y=, \ -��{ v i e� _ - ��I .,�:' � -�`' I �,J �� - - _ ��. � � , ..�.,.� ! Il�� '� � _��_,�� , � ��S �«•"jT_�I. I �.��•"_''"_' � ��• � I'�• __ _' _' _ ,__ --- nmm�� =�� __ _ __ __, , � . �;,, � ,, ._ � ____ __ __.__ . ; . �'�� ,, , ___� � � _ � . � �nni . _ _ _ _ __ _ _ __ ___ :- :__--_-_\,,� � ,; . . �n� �n�rze NFISON vANCE - DVANCE SURVEYING & ENGINEERING CO. D i Hr+y.No.l01 Minaaooka.MN SS}IS PAont(612)17�796t Fu(612)�7�d?b� RVEY FOR: VANCE NELSON ' _ Qi � rrw � � C-rr�r�� ` - - - - RVEYED: January 10,1991 _ +r� , o �El..d 11.D��✓ �� lanuary 11,1991 �� _ �a o�.t �' _ , GAL DFSCRIP'fION: t li,19.20and 21.Bbdc Y,RIVFRVIEW HEIGH7'S.Mol•a Coumy.Minnaou. _ � � � �fi�^ �� sN. _... - ' '" �j I Q?� p�uvtWJl"( � =Q � � ' 4 d1TAT10NS: � I ' o �as � ' � � � r.e�reveyad�k�las OaukeO ryoperq rYri�Ys diem�a an or�ppais�o en[�vNiaa�wae�eei rccad� tL j W .+ � � �.re w�epoau�iw i W�ec itieu aoa'r ran on��c pnperry wr�W��orcf d�ee 1emea wt eeen o�ec w anervine I � • nn��W�w�re d v�WAi�p Y�Ync 4 w�Ao�Aw aaeceni�t�Me�ttw�aY d Ur kW Oaa1P�b�,aoaPheu kial muaM Q Y 4�ewned a pv(or��u�k�ertf r0 Yrrt�u�k oprw fa our we i�pepn��tAe wrvry. Wt�b�adr��ac 4`p � �er�wern�Os dia�Was r d or�AiA�s Vppe�w Eao�e w�ue d�lrw�alin'ouraa.71c acnq�Aors o�M t�ne ��O o.e s e n n•►r Y r s v W b k��d Nd+s d�f�p o n a w. � • �Os M 7 �►nDARD SYMBOL-S dc CONVENTIONS: � � 2; :- J O F� � Deaoia 1�'_''ID pipc wi�A plastic plu�bearinb Suic Liccnsc Numbet l0535,se�,i('o'is fillal in,then OCa' �, � � aa founJ iron monumcn�. Zo , o Z 'v ' °�c+c - ! o� RTIFICATI01�: r` � �—. _a O rcM�ccrufy�hat�Ais survcy Mas prcparcd tq•m:or undcr my Jirca su�rvision and ihai 1 am a duly �� • I �. .� .�CONC•4'il.l�b. 1. � b�ercd l�nd Suncwr undcr�hc laMs of thc Siatc of Minncsoia. � � �.,,�.., r" �� .. "� � `'� , I l � uel G.Pyrker R. S.10535 , �� v �� - � iCALE: 01E INCH EQUALS ZO FEET � I�J � ,� � I ' ! C cn � ` .,�• ....._ I n rd � � ~ .f!'S7P2!'Ml 2 � � rnw o �;L., � N � ,, �, z � r ~ � 0 � . � � � JOB N�. �� City of fridley PUBLIC HEARINCr BEFORE THE PLANNING COMMISSION Notice is hereby 9iven ihat there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 UniversitY Avenue N.E. an WednesdaY. February 20,1991 at 7:30 P•m•for the purpose of: Considerafion of a Special Use Permit�Sec- 91-02,by Vance and Mary Nelson,pe tion 205.21.04.(D) of the Fridley City Code, to allow ihe construction of a garage and additional living area in ihe CRP-2 (Flood Fringe) Disirict, on Lots 18-21, B�ock Y, Riverview Heighis,ihe same being 600 Buf- falo Sireet N.E. Any and all persons desiring To be heard shall be given an opportunity at ihe above stated time and place. DONALD BETZOID CHAIRMAN PLANNING COMMISSON Any questions related to this item may be referred to ihe Fridley Community Develop- ment Depariment,571-3450. (Published Fridley Focus February 6&13, 1991). 1 ' � 205.24.2. i � � , � � - o-i � 2os.23 o-1 wgu� n�ucis . v�,�r DIS'IRICTS � . pURP06E AI�ID 1. PUR�'OSE ArID � �� It is the purpose and intent of this Section to establish special � �ontrols for the pzotection of life and property ana to prevent ana . mitigate da."�a9e to �ique and valuable resources within the City. An Overlay District shall overlay all other zoning districts wi�al prescribea bo�daries and shall place on those districts, spe conditions in addition to the required zoning re�gulations. Q,�SSIFICATIO�] 2. Q,�SSIFICATION All werlay districts shall be classified as an "0" District with special n�erical suffix Which Will differentiate betWeen districts. F'ROC�XJRE FOR 3. Pf�IJRE FO�R ESTABLIS'�#�T OF AN OJff�..11Y DISIRICT �TA5LLSI�TT An overlay district is a zoning district to the extest that the land OF Atv O� so ap�-��d would be designated on the zoning map as an Overlay DIS�tICT Distr: == ihrou9h specific regulation changes necessary to protect �E r, _� and genetal welfare of the public Within the designated district. An 4verlay District, When designated, shall be classified by nUmezical oraer as it is established. • 0-1 CRF'-gC zo5.2a o-i c� � � �s�v�o� D�cr Rnar�io�s �, Rn� 1. PUR,POSE PRFSE�zVAT'ION �� purpose of this district is to: gDC�i1L.ATI0IIS A. Regulate and ensure orc3erly develo��ent of Fr idley's f lood plain and f ringe lands. g. Preserve and protect the natural state of creeks and zivers in Fridley. C. Protect surfaoe and gro�d water qualitY and guantity. D. �linimize the losses due to periodic flooding and eliminate obstructions of flood flvw that would cause haza►tds to life and property. yAt�S SUBJ D�'t 2. I.T�t�lS S118J E�CT TO �3IS DIS"I�tICT Zp �IS A. Establ i strnent Of Bo�d�ries. DIS��I� �e bo�daries of the Creek and R.iver Preservation District are hereb� established as shown on the official zoning �otect on City of Fridley. 'Ihis bo�mdary is mac3e up of two (Z) P zac�es (CRP-1 "Floodway" and CRP"2 'Flood Fringe") which contain all lands within the juzisdiction of the City which are subject to periodic flooding bY a ze9ional flooa a►nd Which lie belaa the regulatory flood protection elevation on the Official Creek and R.iver Prof ile (hereinaf ter called the Profile) contained within the Flood Insurance StuBy prepared for the City of Fridley. The Flood Insurance Stuay for the City of Fridley prepared by the 205.01-1 205.24.3. � 0-1 Districrt gederal Insurance Ac�ninistrat�Qn�PseandeFloodeInsurance/Rae � the Flood Bau�da=Y and Flooc3��aY , llaps therein are a3opted b�' i�eL�• . 8� ��an pf Baa�daries. Tfie elevations as shawn on the Profile and othez available �� tor in locating�creek a dCriver protection . the governing fa , bo�daries. DEFINITIONS 3. DePII�ITIOtZS � Fbr the pu=pose of this district the following definitions shall apply: �,, J�ccessory Buildin9. A subordinate Duildin9 or use Which is located on the same lot as the principal building or use and is necessarY or incidental to the o�nduct of the Pzincipal building or use. B. C7�nr�e1. A natural °�d c�uctle�therscnntinuousl�yf orltperi�o3ically the to oonf u�e water in creeks and rivers. . C. Camaission. . ZY�e Ci ty of fY i dley Pl annin9 Ca�cr�i ssion. � D. Gcnrnissioner. �e Car,r,�issiorer of the Depar�t of Natural Resources of the State of ttiru�esota• E. Council. Zt�e Fridley City Co�cil. F. QtP-l. Creek and R.iver Protection Zone 1. �his zone is synonomous With the tern "Flooc}way'. G. �tP-2. Creek and R.iver Protection Zone 2. �is zor�e is synor�omous with the term "Flood Fringe". B. �q� �9ree Of F�croach�ent. A method of deternining the location of floo�way boundaries so that flood plain land on both sides of a stream are capable of oonveyi,ri9 a praQ�rtionate share af flooa flvws. I� F7.00� Ot Floodin9• �► te�oiarY riof ithnecareekas djao�e��it to ther sct�arsnel�at results in in�dation J. F1ood Fringe. �at gortior� of the floo8 plain outside of thF fl eoo�w�d in�e 1 fringe is synonamous with the ter� 'Floodway rin9 205.01-2 , 205.24.3. 0-1 Disttict Flooa Insurance Stuc�y. � . - ' ��C. Flood Plain. r �,e azeas adjoining a channel Which h�e been or hereaf ter may �e caveLed b1► regional flooa. y, pl,00d Prof ile. � � A graph or longitudinal plot of water surface elevations of a � flood event alon9 a �re�k or a river. ' ' M. Plood Proofing. Any combination of provisions, changes or adjustments to properties and structures subject to floa3in9 that are tequired for the reauction or elimination of flooa dama9e• N. F'loo�c��ay. 'it�e chas i1 � �o ca=�ryr and discha.thrge aaregi nal flood. plain w}u ch i eq 0. Obstruction. Any aam, wa11, Wharf, e�nbankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, b�il ding, wire, fence, stockpile. storage of material or equipr-�ent, refuse, fill, deposit, clearing of trees or vegeLation or structure in, along, across or• projecting, in whole or in part, into any flooa plain• p. Preservation District. � �he Creek and River Preservation District boundaries shall be contiguous with the regional flooa bo►mdaries indentif ied as a part of the Flooa Insurance Study. Q. Prof ile. � Of f icial C: -t�k and Rivet Prof ile. R Regulatory Flooa Protection Dat�n. A point of not less than one (1) foot abave the regional flood level. S, Regional Flood. A flood Nhich is representative of large floods known to have occurred in I�li nnesota and reasonably charecteristic of what can be e�ected to occur on an average frequencY in the ma�itude of the l�eyte=rr'base flood"tused in t�helFloodf InsuranceyStuay ous With T. Structure. . 1�►nything constructea or erectea which requires location on or u¢�c3ergro�d or attac?u�ent to something having location on ot ��rgLound. Zhis includes an edifiae cr b�oLa��d of parts p= any piece of Work artif icially built uP joined together in sc�e definite maru�er� wh�ther of a temporary or pern�anent charactet. �. �n�nb�ered l�rZme. 205.01-3 205.24.�. � � 0-1 Distri� A special flooa hazar8 area inundated by the 100-year flooa, e,howm or�flo�odahazrar�d factor deternined b�' the�loodaInsurance . Study. � " 4. DIS'�tICT USFS� P�MITS �ID ST�� DLS�tICT USFS, Pf�MI'I5 �. Di str i ct vse. . . At�ID S"rAru�xns 7he intent of this Section is to provi3e a svppler�entarY overlay _ district which is made uP of two (2) protection zores; CRP-1 � QtP-2 Within any of the existing zoning districts. Development of this district Will follow the requirements of the original zoning district in a3dition to the requirei►ents of this Section. g� permitted Uses In tRP�l District (Flooaway). (1) No structure or any portion thereof shall be constructed or placed within the CRP�-1 District, nor shall there be any grading, filling or excavating of land or any use established on any property within this district With the follvwing exceptions: (a) Any use having a low flood damage potential including recreational uses, parking lots, residential yards, loading areas, storage yards, water control str uctures and other ope� sF�a�e uses• (b) Accessory structures to the above use may be pemitted if: ((1)) Structures are not for hia�an habitation. ((2)) Structures have a loW flood damage . potertial. ((3)) Structures are f inrly anchored to prevent f 1 oa tati on. � ((4)) Aocessory buildings are flooc7-proofed in accordance With the State Building Ca3e. (2) Ariy use, structures, grading, filling and excavating pernitted in this Section, With the exception of public uses, iequire a Special Use Pe=mit. (3) Ar�y renwal of existing trees wer three (3) inches in dia�eter shall require City apQrwal• (4) No structure (t�nporary cr pen�anent), fill iincluding fill for toads and levees)► dePosit, obstruction, storage of materials or equipme�t► or other uses may be allowed as a Special Use which, acting alone or in combination With - existing or reasonablY anticipated future uses, a�versely ` affects the capacity of the floo�ay or increases flood heights. C. �ublic Otilities, Railroadsr Roads Ar�d Bridges. (1) Public Otilities: All public utilities and facilities, such as gas, , 205.01-4 r 205.24.�. p stems located in the 0-1 District electricalr seNe= and water su ply sy • � - flood pla.i� shall be flooc�-pLoofed in accordance With the ' State Building Code or elevated to above the Regulatory t Flood Protection Elevation. ' (2) Public Z�ransportation Facilities: Railroad tracks, roads and bridges located Within the _ Flo�odway District shall conply with the Sections of thi8 � � Q�,apter� Elevation to the Regulatory Flood Protection Dat�an , s�hall be pravi3ed Where failure or intezruption of these transportation facilities Would result in danger to the public health or safety or Where such facilities are essential to the orderly f�ctioning of the azea. Minor or auxiliary roads or ra.ilroads may be oonstructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or saf ety• D. permitted Uses In C�tP-2 District (Flood Fringe). No building or structure or any portion thereof, sha11 be pla�ed raithin the CRP-2 District, nor shall there be any grading, filling or excavating of land or any use established on any pro�erty within the District unless a Special Use Permit is granted. A Special Use Pe mit may be granted within the CRP-2 zone with the following exceptions: • (1) No Special Use Permit shall be authorized Which Would detrim�tal to thePprotection of surfa er andlgro nd Wa er supplies. (2) No Special Use Permit shall be authorized for structures Which Nill increase the financia.l burdens u�'P°s�a on the community and its individuals through increasing floods and overfl aa of Water onto land areas adjacent to the creeks and rivers. (3) No Special Use Permit shall be i ssued unless the proposal is in keeping with land use plans and planning objectives for the City of Fridley and which will not increase or cause danger to life or property. (4) No S'pecial Use Permit shall be issued in those cases Which are inconsistent with the objectives and encoutage land use that is inconpetible With the preservation of the natural land forms and vegetation. (5) No Special Use Permit shall be issued f or any fill u�less shawn to have some beneficial purpose tA tr►e Property and the ama�t thereof must not exceed that necessary to achieve the intended purpose• A Plan shall be submitted by i the owr�er showing the uses to which the f illed land will be put, the kind of fill, and the f inal dimensions of the proposed fill or other materials. Such f ill shall be protectec7 against erosion by rip-raP. vegetative cover or bulkheading if 3eened neoessary. �6� No Special Use Perniit shall be issued for garbage or 205.01-5 . 2os.ze.s. � t Waste disp�sal sites or by6tens. . . 0-1 District (7) No Special Use Permit shall be issued unless the . applicant sutrnits engineering data, site plans and othet plans and inforntiation, as the City may require� in order to deterr�ine the regulatory flood protection� elevation in � �nn�.*nbered A zones, and the effects of such development on �. the bed, bank, channel, floodraay or flood plain in the . District. The applicant shall submit four (4) complete _ oopies of the application. . (B) No Special Use Permit shall be issued unless the proposed use or obstruction has been revieWed by all govezru�ntal bodies having jurisdiction over such use or obstruction. Even if the review is tequired by statutes, ordinances, rules or regulations applicable to other goverrc�ental bodies, the City of Fridley retains the right to make the f inal deterr�ination• 5. ADDITIOt�U�I� RF�'�2ICTIO�LS IN CRP-2 DIS�tIC'15 ADDITIONAI� �"IRIC'TIO�IS Any Special Use Permit issued for an obstruction in the CRP-2 district shall meet the following pravisions: A. Structures. Structures for habitation constructed on fill shall be const r ucted on f i11 so the ba sement f 1 oor or f i r st f 1 oor, 'if ; there is no baselnent, is above the regulatory flood protection elevation with the fi11 at that elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance impractical , or in other special circumstances, the Planning Comn:ission may authorize other techniques of elevating the first floor (including basements) above the Regulatory Flooa Protection Datum under the Special Use Permit, that conform With the floc�d-pzoofing require:►ents of the State Building Co3e• B. Other Uses. Accessory land uses, such as accessory buildings, yards and parking lots may be at elevations lawer than the Regulatory Flood Protection Drat�n if a Special Use Pernit is first granted pursuant to this district. Accessory structures must al so oanply with Section 205.24.4B(1) (b) (1-4) of this district. C. Storage. My stozage or processing of materials that in time of flooaing may be buoyant, fl�ble, explosive or could be injurious to bunan, animal or plant life is prohibited. . D. Nonresidential Stru�tures. Catmercial, manufacturing and industrial structures shall be elevated on fi11 so that their first floor (including basement)- is above the Regulatory Flood Protection Datum but may in special circumstances be flooa-proof ed in accordance with the , State Building Co3e• Structures that are mt elevated to above 205.01-6 � 205.24.6. � the Reg�.�latory Flood Frotection Dat�n sha11 be flood-ptoofed to 0-1 District FP-1 or FP-2`ulessflooc3tpzoofed tofF�'"3 or�FP-4 c assification ' C�o3e. Struc� shall not be pernuttea. • B. Resiaence�. . Resioences t1�at c3o not have vehicular a�atoar�Flooa Protection r�ut r,�re tr,an bao (2) feet belaw the Regul Y Dat�n shall not be perr,�itted u�►less granted a Variance Dy the C,ity. In grantir�g a Variance the City s�hall specify limitatio�ns - on the period of use or occupancY of the resic3�ce. F. Cocurercial Dee. Accessory land uses, such as yascis• railroad tracks and garking lots may be at elevations lower than the Regulatory Flood Protection Dat�n. Hvwever, a permit for such facilities to be used by the enplayees or the general public shall not be granted in the absence of a floaj Warning systen that proviaes adequate time for evacuation if the area would inundate to a depth greatez tthhan four (4) feet per secon3 �during a reg�onallflood es grea G. l4anufacturing Arx3 L�dustrial Oees. Measures shall be taken to minimize interf erence with normal plant opera�.ions especially alon9 creeks having protracted flooa durations. Certain accessory land uses such as yards and parking - lots may be at lower elevations subject to require-�ents set out above. In oonsidering permit applications, due consideration shall be given to the needs of an industry vhose business iequires that it be located in a flood plain. ADMIN LSIRATION 6. Ai7iI2JL'�ION A. The City shall ac�inister and enforce these district regulations and shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. �e City sha11 also maintain a recora of the elevations to which structures are flood-proofed• B. Special Use Petmit. A Special Use Permit shall be applied for and obtained prior to the construction, erection, addition or alteration of any obstruction Wholly or partly in the Creek and R.iver Preservation District. C. Applicatian Pbr Petmi� (1) A�Qlication for S�ecial Use Pernits �der �es�ner ior , shall be made to the City in duplicate, by owner s on f orms f urni shed by the City and shall be acc�a^,panied by the following information, datQ and Plans as is deemed necessary by the Zoning Administrator for determining compliance with this district and for 8etermining the effects of the proposed activity in the Creek and.�tivet Presesvation District ana the buildability 205.O1-7 205.24.6. � of the particular site for the pcc,posea impzo�ve�nt, use or 0-1 District obstruction. � (2) The City Council may attach any conditions to the _ grantin9 of the Special Use Permit it deems necessary to fulfill the purposes of the Chapter. Such conditions may include, but ase rot limited to, the folloWing: ' (a) Modification of Wa►ste disposal and Water supply � _ facilities. (b) Limitations on period of use, occupancy and operation. (c) Irr�osition of oQerational o�ntrols, sureties and deed restrictions. . (d) Requirements for construction of channel modifications, dikes, levees and other protective measures. (e) Floo3-proofing measures, in accordance With the State Building Code. �he applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofin9 measures are consistent with the Regulatory Flood Ptotection Dat�rn and associated flood factorS for the particular area. , (3) Plans (surfaoe vietia) including a survey by a Minnesota ' registered land surveyor showing elevations of contours of the gro�d, pertinent obstruction elevations, size, location and special arrangement of all proposed and existing ' obstructions on the site, in relation to existing and � proposed obstructions to the channel location, location and - elevation of streets, water supply and sanitary facilities, photographs shvwing existing land uses, vegetation upstream and 3ownstreacn and soil types sha11 be required. (4) Specifications for buildin9 construction and material, flood-pzoofin9► filling, dredging, grading, channel imprwe�-�ent, storage of materials, water supply iincluding Wit},drar;al and discharge of ground and surface Water) and sanitary facilities. _ D. Issuance Of Penaits. ' A Special Use Permit shall be issued upon iPcantashalltbe application by the City Council. The app required to su5mit oertification by a registered professional engineer, registered architect or registered land survey or that the finished fill and building elevations Were accomplished in oa�liance aith the provisions of this Chapter. Flood-Proof ing �easures shall be certified by a registered professional �gineer or tegistered ardiit�ct. E. �pplicaticn Fbr variar�oe. Application for Variances u�der this district shall be made in , duplicate to�the City Dy the awner of the land, on f orms � 205.01-8 205.24.8. � 0-1 District furnished by �e �must only be for�teasons ofkexc pRonal preservation Distri � circ�stances wd e hardsh p a d�st�rict con ormity Wui hlthe Would cause un ( etandazds woula be �a►reas°�ble, impractical and not feasib e �der the circ�stances. Variances granted �der this District must be consistent with the 9eneral purP°� °f �'ese standards. p,lthough Variances maY be used to modify permissible methods of . flood protection, no Variance sh n1tPi°Vd�tLi�a lesser degree o� flooa pzotection than statea � . ' POw'IIZS, DUTI�SS 7. PC7Fdf�iS� DUTI�S � T�ICAL AS.SI.S�-'E APID TEC}�'ICAL A. Pc�ers Ard Duties. ASSIS'TANCE �e City shall hear a11 =e9uests for Special Use Permits and Variances under this district. R��sts for Special Use Pezmits and Variances shall be SubJe�t to Sec-tion 205. 05.4 and 205.05.5 respectively, of the City Code. The City shal c �Use Perm t Co�i ss i one r a cop� of any appl i ca ti on f or a Spe or Variance where a hear�ireL ��i �Veaa�leastlten (10) application. �e Conrussi the time. days notice of the hearing. Such notioe shall sPecify ied place and subject tnatter of the hearing and sh�t �ndicate�the by such supporting information as is neceS�ty of all decisions nature and effect of the proposed use• A O°P�' granting a S�ecial Use Permit or Vaziance to the P=ovisions of the Creek and River Preservation Di Srof such act.iono�arded to the Ca:r..issioner within t,Qn (10) day , g. �ec,hnical Assistance• it to the • �e City maY transmit the information received by appropriate Watershed District or the �1S1n elationto flooa assistance to evaluate the prop�sed proj heights and velociDa�� °thant�numbered A 2ones,9 and�to Flood Protection deternire seriousness of flooa da'�a9e to the use� ovisionsaof of the pla�s for protection, complian� with �e p this district and conpliance with Statewide Standards and Cr iter ia f or Ma�on e� 85 93)�andpother technical tnatters ota �F�srv�e sota gegul a i F�cI SI'� 8. FXISTB� NJNOOih'�`�RAiII� L� NOt��'�'ORt�.II�G An obstruction, structure or use which was lawfth the°pr��ions of USFS this Qzapter, but which is not in ��o to the follvaing oonditions. this district, may be continued subject !►. No such use shall be expanded► changea� enlar9ea� or altered � in a way Which i.n�reases its nor�conformitY. B• NO �� LB�of theastructure�6hallnexceed fifty structure over the life peroe�t (50$) of its assessed value at the time � its becoming use, �ailess the entite structure is permanently_ a nonconforming �� o= �ess the alteration or addition cr,ar,ged to a confor��in9 tential flood dama9es for the Would substantially teduce po 205.01-9 zos.za.io. , - � 0-1 District entire structure. � �' �. p►�y alteration or addition to a nonconforming use rahich , Would result in substantially increasing the f lood damage pote�tial of that use shall be flood-ptoofed in acoordance vith - the State Building Code• - D, If any use of an obst�ruction or structure ot ��S�uent . discontinued for t�relve (12) oonsecutive months, any use of the abstruction, structure or use shall comply in all , � tespects With the provisions of this district including. but not limited to, the obtaining of all required pernuts and varianoes. E. If any nonconforming obstruction or structure is destroyed or da,,•i,agea b�, any means, including floods to the extent that the cost of repairing or restoring such destruction or damage aould be fifty percent (SO$) or more of its value, then it shall not be reconstructed except in full compliance with the provisions of this district, including the obtaining of all required pemits and vaziances. F. Z�e Creek and River Preservation District regulations shal 1 in no Way prohibit routine rnaintenance of existing properties. Routine mainte�ance is oonsidered to be the work property aaners o�uld do pzevious to the adoption of this district Without first obtaining a building permit. . 9. SUBDNIS IOt�LS . ' SZJBDN IS IONS � A. No land shall be subdivided which is held unsuitable by the City of Fridley for reason of flooding, inadequate drainage, Water supply or sewa9e trea bnent facilities. � B. All lots within the flooa plain districts shall contain a • building site at or above the Regulatory Flood Protection Dat►an. C. All subdivisions shall have Water and sewage disposal facilities that oanply With the pravisions of this Chapter and have road acoess bot1� to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Frotection Datun. D. All subdivisions in the flooa pla.in disttict shall satisfy the requic�ents of this (�apter. �e City shall evaluate the subdivision in acoordance With procedures established in this district. 10. MANt7FACNRID HOt�'S At�ID !lOSILE HOr'� PARRS MANUFACNRID HCX''�-S A. tsew mobile hocne parks nnd e�ansions to existing mobile hame � �� pa.rks shall be subject to the pravisions plaoed on subdivisions � pp� by the above Section. B, 1Ranufactured homes in existing mobile home parks that are located in flood plain districts are no�conforming uses and may be replaoed only if in comPliance with the folla�ing voryditions: (1) Z�e manufactured hame lies in the �2 Distric�. (2) TY�e manufacture� hame is anchored with tiedoWns that , 205.01-10 205.24.13. , uiiesnents of yinnesota Regulations l�obile 0-1 District oar�ly With req . , Hane d 50. • �3� manufac�tured hame sl'te lierin=the floa] pla niand maY . i the be subject to floaiin9• (4) ZY�e mobile hame park o�wner d�elops a flooc] emergency . _ plan cons�ee lan st►allhbe filed Withaand approved by the _ . Wa.rrung. P City. C. Individual m3nufactured homes not located in mobile home parks may be permittQd if allvwed b� other applicable ordinances and if they oonply Kith the pravisians of Section 205.24.4D(7) of this Q�apter• � pUHLIC 11. PJBLIC t�J ISA2�: �TY I�l LSANCE; p, Ar�, person who violates any prwisions of this district or p��y fails to c��ly With ar�y of its terms or requirenents shall be guilt}� of a misde^►eanor P�ishable by a fine of not more thar► $500 or impzisoned for not more than ninety (90) daYs► or both, and in addition shall pay all v�sts of prosecution and e�enses involved in the case. Each daY such violation oontinues shall be oonsidered a separate offense. - B. �ery obstruction or use placed or maintained in the Preservation District in violation of this Ch�pter is hereby aeclared to be a p�.�lic nuisance and creation thereof may be enjoirtied and the maintenance thereof abated by appropriate judicial action. � C. t'jOtthhet9lhaafulnaction a�saishnecessary t prever�►t,f rer,aY l09 such re�we any violation. At�� 12. A�-'�'S p� '� _ Creek and River Freservation Disttict elevations on the pzC_ _,� �y � �hangea b� ac�en�nent to this district and such cha�ge when made shall be shown on the Prof ile. If f uture conditions make it necessary to re-evaluate the district bo�daries because of increased flooding potestial Which would affect the health, safetY and general Welfare � th�n�entnto the elevation will be o�rrected b�► the Co�cil b� this district. g. psl amendments shall be sub�mitted to the appropriate Watershed Districts and the Carcnissiorer and shall be approved by t2�e Gatr,ussiorer prior to aaoption by the Cou�cil. IOi� 33. In interpreting an3 aPP1Y�9 the Pz0'�isions of this district� theY s�all be held to be the minim�n re9uiresnents for the pramotion of the public health, safety and general Welfare. It is not the intentian of�e� ��u��y��No=o�er ag eementnbetween with, abroga . 205.01-11 � 205.24.1�. � parties� nor the prwisions of arty ordinanoe af the Citys P'r ovided, 0-1 District ` hvw;ever, WhEre this Creek and River Preservation District��th� ; gr��= restriction �gon the use or ir�rwe�t of any pr , �},o� �sea or required by other statutes, ordinances, rules, rec,�ulations or perrnits of the City• State or aPProPriate h'ater6hea Distric�� or by covenants or agreements, the provisions of this di str i ct shal l govern. • MTARNING AAID 14. i�i2:Zr� At� DISQ�AII�'�t OF LIABII.ITY ' DISCZ.AII�t OF R�is Section does not imP1Y that areas outside the Creek and River L�� Preservation District or land uses or obstructions permitted Within the Creek and R.iver Preservation District will be free fran flooding or flooa dar-�a9eS• Zhis Creek and River Preservation District shall not create liability on the part of the City or any official or e-,ployee thereof, for any flood danages that result fran reliance on this Q�apter or arry City action taken or ac�riinistration or Council decision lawfully made here�a►dez. . ► 205.01-12 � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETiNG DATE FILE DESCRIPTION SP �E91-02 ��NQF 4 1/ 18/9 1 2�20/9 1 Allow the construction of a garage and FRlDLEY liv"n area on Lots 18-21 Block Y, Riverview Heights; 600 Buffalo treet COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MICHELE M. � � � - , �� `�' '. MARK W. � �� /� C%/Z�V e"k c:�-�.i�'��- h1.�-�,1�/1/ c�(��✓y = s'��j L-�i��.�;�� / Q JOHN F. �� , ��. � G � �H ��.�,LC ,��.�� " `_ - � � � �� ,� ��,`''��°`�.i � � �� LG� �l�c c � � � RREL C. � ,��% ; � � ; LYDEM. . �3 �LEON M. �, z�� JIM H. �-�.,��.� p BOB A. �I � � � 4 10 � Community Development Department � PLANNING DIVISION City of Fridley DATE: February 27, 1991 T0: William Burns, City Manager A.�� GI' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #91-02 , by Vance and Mary Nelson Attached is the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. The addition shall be flood-proofed in accordance with the requirements of the building code. 2 . An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3 . The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition. 4 . The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitable living area. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-91-139 � 4. 11 � STAFF REPORT APPEALS DATE C[�QF PLANNING COMMISSION DATE : February 20, 1991 FIZiDLEY CITY COUNCIL DATE : March 4 , 199 1 AUTHOR ��dn REQUEST PERMIT NUMBER sP ��9 i-o2 APPLICANT Vance and Mary Nelson PROPOSED REQUEST To allow construction of a garage and additional living area in the CRP-2 district. LOCATION 600 Buffalo Street N.E. SITE DATA $�ZE 12, 100 square feet DENSITY PRESENT ZONING x-1 , single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the N, S, E, and W 8� ZONING UTIL(fIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSNE PLAN COMPATIBILITY WITH Yes ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION Approval RECOMMENDATION 4. 14 Staff Report SP #91-02, Vance and Mary Nelson Page 2 Request The petitioners are requesting that a special use permit be granted to allow construction of an attached garage and an additional living area in the CRP-2 (Flood Fringe) district. The request is for Lots 18, 19, 20 and 21, Block Y, Riverview Heights. In addition to the special use permit, the petitioners have applied for a front yard setback variance from 35 feet to 14.5 feet and 21 feet. The Appeals Commission recommended approval of the variance request to the City Council at their February 5, 1991 meeting. Site Located on the parcel is a single family dwelling unit with a detached two car garage. The petitioners are proposing to construct an addition which will be two stories. Garage and storage areas will be located on the lower level and bedrooms, bath, and living area on the upper level. The property is zoned R-1, Single Family Dwelling as are the parcels to the north, south, east, and west. Analysis The proposed addition is designed such that the living area will be above the 100 year flood elevation of 823 . The first floor area is to be used for garage, storage, laundry and shop areas. Staff sent the proposed plans to the Department of Natural Resources for review. Tom Hovey, area representative for the DNR, expressed concern that the shop area would be used to house expensive tools and equipment which could be lost if the property should experience a 100 year flood. An agreement holding the City harmless is this occurs should be signed and recorded against the property. It is possible that the addition could be constructed without the shop area such that the upper story could be built on stilts. The shop and garage areas will need to be flood proofed in accordance with the requirements of the building code. In addition, the shop area is large enough that it could be converted to additional living area (three or four season porch) . If this occurred, the floor elevation would be below the 100 year flood elevation, and in violation of code. If the petitioners do not want to eliminate the shop area, an agreement should be signed and recorded against the property so that this area cannot be converted to habitable living space by either the Nelson's or future owners. Recommendation Staff recommends that the Planning Commission recommend approval 4. 15 Staff Report SP #91-02, Vance and Mary Nelson Page 3 to the City Council of the special use permit request, SP #91-02, to allow the construction of a garage and additional living area in the CRP-2 district, with the following stipulations: 1. The addition shall be flood proofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3 . The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and in addition agrees that the shop area shall not be converted to habitable living area. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission also voted to divide stipulation #3 into two separate stipulations as follows: 3 . The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition. 4. The petitioner shall sign and record against the property an agreement which states that the shop area not be converted to habitable living area. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. • CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRIIARY 20, 1991 M�r�►w�tiw�w�M�Ywn�^r��wr��rMrArAM��►N�w►ti�Y1.YrMMMM�r��YMti�N�wMA�N�V��MtiMArw�wirArMw,� CALL TO ORDER• Chairperson Betzold called the February 20, 1991, Planning Commission meeting to order at 7: 30 p.m. �j ROLL CALL• Members Present: Don Betzold, Dave Kondrick, D Saba, Sue Sherek, Connie Modig, d Sielaff, Larry Kuechle (for Diane avage) Members Absent: None Others Present: Barbara Dacy, mmunity Development Director Michele McP rson, Planning Assistant Mary Nel , 600 Buffalo Street N.E. Steve isenberger, ABRA Ji enson, Chase Company arles Seykora, Barna, Guzy & Steffen Law Firm APPROVAL O FEBRUARY 6 1991 PLANNING COMMISSION MINUTES: MOTIO y Mr. Kondrick, seconded by Mr. Sielaff, to approve the Feb ary 6, 1991, Planning Commission minutes as written. PON A VOICE VOTE, ALL VOTING AYE, CBAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-02 , BY VANCE AND MARY NELSON: Per Section 205.24.04 . (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, River-view Heights, the same being 600 Buffalo Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLZC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated that the special use permit is to allow the construction of an attached garage and additional living PLANNING COMMISSION MEETING, FEBRIIARY 20, 1991 PAGE 2 , area in the CRP-2, Flood Fringe, District. The property is located on the southwest corner of the intersection of Buffalo Street and Broad Street in the Riverview Heights area. The property is zoned R-1, Single Family Dwelling, as are the . parcels surrounding it. Ms. McPherson stated that currently located on the lot is a single family dwelling unit and a detached two-car garage located in the south portion of the lot. The existing garage will be removed once the addition is completed. The proposed addition will include three bedrooms, a bath, and an open play area on the second floor which will be over the garage, storage, and laundry and shop areas. Ms. McPherson stated the Department of Natural Resources reviewed the proposed floor plan. The living area will be above the 100 year flood elevation of 823 feet. However, the storage and garage and shop area will be below the flood elevation. This is permitted by code and also by the Department of Natural Resources. Ms. McPherson stated the Department of Natural Resources expressed concern regarding the shop area, that the petitioners and flood insurance company could incur a larger loss if expensive materials are stored in the shop area. Ms. McPherson stated the shop area is also large enough so that it could be converted to habitable living space. As the floor elevation would be below the 100 year flood elevation, that would be in violation of code. Staff has proposed that the addition could be constructed such that this portion of the house could be constructed on stilts; thereby eliminating the need for the enclosed shop area. However, if the petitioners prefer to have the shop area as proposed, staff is recommending a stipulation on the special use permit such that they should agree to sign an agreement prohibiting this area from being converted to living area and to hold the City harmless should any expensive equipment be lost in a future flood. Ms. McPherson stated staff recommends that the Planning Commission recommend to the City Council approval of the special use permit with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. � pLANNING COMMI88ZON MEETING, FEBRIIARY 20. 1991 PAGE 3 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and, in addition, agrees that the shop area shall not be converted to habitable living area. 4. The driveway shall be paved by November 1, 1991. Ms. McPherson stated that in speaking with the petitioners, they currently have a hard surface asphalt driveway, and the petitioners have indicated that the asphalt driveway will be converted to a concrete driveway once the addition is completed. Stipulation #4 is unnecessary. Mr. Betzold stated that regarding stipulation #3, he thought it might be better to split that into two stipulations as it is talking about two different agreements. The other concern he had is about the hold harmless agreement relating to the equipment. In past instances when they have had requests to build in the flood plain area, the Commission has stipulated hold harmless agreements for the whole building, so that the City can't be held liable because a person(s) was allowed to build in the flood plain area. Can they expand that stipulation beyond the equipment to any damage done to the property? Ms. Dacy stated she believed that in some other instances, that stipulation was placed on brand new construction. If the Commission wants to stipulate that the hold harmless agreement would pertain to the entire existing house and to the property, that could probably be done. Staff's attention was focused on the shop area. Mr. Kondrick asked if any of the neighbors have voiced any opposition to this special use permit request. Ms. McPherson stated staff has not received any calls. Ms. Mary Nelson, 600 Buffalo Street, stated that when they first started this project, they realized that there were codes pertaining to the flood zone, so they hired a designer to work with the City to design an addition that would meet the codes as best as possible. Ms. Nelson stated they have an area on the deck designated for a future screened-in porch. They have no intention of using the shop area for anything but a work area. They would be more than happy to sign an agreement to waive the City of any liability. Ms. Nelson stated the reason for their proposal is because her children, who usually spend summers with her, decided at PLANNING COMMI88ION MEETING, FEBRIIARY 20, 1991 __ PAGE � Christmas to come and live with her permanently. They decided they did not want to change school districts, and they also want to stay because this is such a beautiful area. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINQ AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED AND THE PQBLZC HEARING CLOSED AT 7:45 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #91-02, by Vance and Mary Nelson, per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. , with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area or the shop area itself. 4 . The petitioner shall sign and record against the property an agreement that the shop area and garage area shall not be converted to habitable living area. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on March 4, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PE IT SP #91-03 BY STEVE WEISENBERGER FOR ABRA: Per Section 205. 15. O1.C. (8) of the Fridley C' Code, to allow exterior storage of materials and equi nt on Lot 4, Block 2, East Ranch Estates Second Additi , generally located at 7710 University Avenue N.E. MOTION by Mr. Kondrick, onded by Mr. Saba, to waive the reading of the publi earing notice and open the public hearing. FRIDLEY CITY COUNCIL MEETING OF MARCH 2 1992 PAGE 2 OPEN FORUM, VISITORS: There was no response from the a ience under this item of business. NEW BUSINESS• l. RE4UEST FOR AN EXTENSION FOR SPECIAL USE PERMIT, SP #91-02 AND VARIANCE, VAR #91-02 BY VANCE AND MARY NELSON OF 600 BUFFALO STREET N.E. • Ms. Dacy, Community Development Director, stated that the petitioners, Mr. and Mrs. Nelson, have requested an extension of their special use permit and variance. She stated that these . , permits were issued last year to allow the petitioners to construct - � a garage and living area. Ms. Dacy stated that the petitioners have requested an extension of the special use permit and variance to December 4, 1992 in order to complete their garage and addition. She stated that staff is recommending this request be approved. Councilwoman Jorgenson stated that Councilman Fitzpatrick contacted her earlier, and he stated that he would not be able to attend the meeting, but was in favor of this request. MOTION by Councilwoman Jorgenson to grant this request for an extensio� of Special Use Permit, SP #91-02 and Variance, VAR #91-02 to December 4, 1992. Seconded by Councilman Schneider. LTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2 . RESOLUTION NO. 25-1992 IN SUPPORT OF AN APPLICATION FOR MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE D ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES INC. BI : Mr. Pribyl, Finance Director, stated that Council previously adopted a resolution for this organization porting their application for a Minnesota lawful gambli premise permit; however, they have undergone a name change, it is necessary for Council to adopt another resolution. Mr. Pribyl stated that this organi ion is currently undergoing a state-initiated audit. He st ed that staff has conducted an investigation and determined ey are qualified for this type of license. Councilman Schneider ked if this organization had filed the appropriate state r orts under their previous name. Mr. Pribyl answered in the a irmative. MOTION by C ncilman Schneider to adopt Resolution No. 25-1992. Seconded Councilwoman Jorgenson. Upon a voice vote, all voting aye, M r Nee declared the motion carried unanimously. THE MINIITES OF THE REGIILAR MEET�NG OF THE FRIDLEY CITY COIINCIL OF MARCH 2, 1992: The Regular Meeting of the Fridley City Council was called o order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman J rgenson, Councilman Billings, and Councilma Schneider MEMBERS ABSENT: Councilman Fitzpatric PRESENTATION OF PROCLAMATION: GIRL SCOUT WEEK - MARCH 8 - 14 992: Mayor Nee read and issued a procla ation proclaiming the week of March 8 through 14, 1992 as Girl S out Week in the City of Fridley and called upon all citizens of e community to give to the Girl Scouts the continued interest, e thusiasm, cooperation and support necessary to bring girl scout'ng to every girl in Fridley who wishes to join. He present d this proclamation to the adult volunteers, Carol Rittinger, ean Goldsberry, Barb Parsells, and Carla Stevenson, of Girl Sc t Troops 14 and 426. Ms. Goldsberry stated tha there are 140 girl scouts and 45 adult volunteers in the City, a she recognized the girl scouts who were in attendance at this m ting. She thanked the Mayor and Council for this proclamation a d for their continued support. She stated that girl scouting giv s girls an opportunity to grow, to learn and to become an integra part of the community through their service projects. APPROVAL OF MINUT COUNCIL MEE ING FEBRUARY 24 1992: MOTION by Coun ilman Schneider to approve the minutes as presented. Seconded by C uncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor N e declared the motion carried unanimously. ADOPTION O AGENDA: MOTION b Councilman Schneider to adopt the agenda as submitted. Seconde by Councilwoman Jorgenson. Upon a voice vote, all voting aye, yor Nee declared the motion carried unanimously. � . FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 �GE 10 � Councilman Billings asked if materials acceptable f�composting also include stems from flowers and small twigs,� from trimming hedges or bushes. � Ms. Dacy stated that the yard waste defini ion was changed to account for what could be transferred from e City's site to the compost site in Bunker Hills. �f Councilman Billings stated that the iy�iiversity of Minnesota and other organizations promoting compo�ing refer to a layer of soil or dirt or adding a small amoun�-�of fertilizer. He stated he noticed that this is not mention�� but asked if it is permissible. Ms. Dacy stated that it is p�rmissible because that addition would not cause any adverse impa��. She stated that they are trying to outline items which t� feel would cause a problem with the compost. Councilman Billings '�felt that staff should determine if this ordinance should i�lude any language in regard to fertilizer as it is not now li�s�ted as something a compost area might contain. He stated that n Earth Day there was a presentation given at the Nature Center and perhaps those persons could be asked to review the ordinan as to what is acceptable composting. Councilw man Jorgenson stated that if fertilizer is added, it does have t be turned to allow composting of the materials. MO ON by Councilman Schneider to waive the reading and approve the o dinance upon first reading. Seconded by Councilwoman Jorgenson. pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 1991: A. SPECIAL USE PERMIT, SP #91-02 , BY VANCE AND MARY NELSON, TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING AREA IN THE CRP-2 (FLOOD FRINGE) DISTRICT, ON LOTS 18-21, BLOCK Y, RIVERVIEW HEIGHTS ADDITION THE SAME BEING 600 BUFFALO STREET N.E. Ms. Dacy, Community Development Director, stated that this special use permit is requested to allow the addition of an attached garage and additional living area in the Flood Fringe District. She stated that the Department of Natural Resources reviewed the proposed floor plan, and the living area will be above the 100 year flood elevation of 823 feet; however, the storage, garage, and shop area will be below the flood elevation. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations, which she . ; FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1991 PAGE 11 outlined. It was noted that the stipulations require the petitioner to sign and record against the property an agreement that holds the City harmless for any equipment lost from the shop area or the shop area itself and that the shop area and garage area shall not be converted to habitable living area. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP �91-02, with the following stipulations: (1) The addition shall be flood- proofed in accordance with the requirements of the building code; (2) An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation; (3) The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition; and (4) The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitable living area. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT, SP #91-03 , BY STEVE WEISENBERGER FOR ABRA,i TO ALLOW EXTERIOR STORAGE OF MATERIALS AND E UIPMENT ON � T 4 BLOCK 2 EAST RANCH ESTATES SECOND ADDITION GE LLY LOCATED AT 7710 UNIVERSITY AVENUE N.E. : Ms. Dacy, Community Development Director, stated t t this is a request to amend ABRA's original special use perm' that prohibits the outdoor storage of vehicles. She stated t�r`at the petitioner is proposing to construct a fenced in ar��o the rear of the building for this purpose. Ms. Dacy stated that the Planning Commx`s�on recommended approval of the special use permit subject�our stipulations, which she outlined. Councilman Billings asked, ' regard to Stipulation No. 4, if it was necessary to specify length of time the City shall hold the bond. Ms. Dacy stated th the typical City policy is to hold the bond until the improve ents are completed. Councilwoman J rgenson asked what has changed since the original special use rmit was issued in 1987 to require outdoor storage. Mr. Jim nson, representing ABRA, stated that when this building was co tructed in 1987 it was designed to handle all the business insi the building. He stated over the years the business has gro n, and ABRA is unable to store all vehicles inside the AGREEMENT THIS AGREEMENT entered into this day of , 1991 is between Vance Dale Nelson and Mary Elizabeth Nelson, formerly Mary Elizabeth Russeth (hereinafter referred to as the "Nelsons") , and the City of Fridley (hereinafter the "City") . WHEREAS, the Nelsons own residential property within the flood fringe district in the City of Fridley at 600 Buffalo Stre�t N.r,. , and Iegally descri�ed as Lots 18 , 19, 2G and 21, Block Y, Riverview Heights (hereinafter the "Property") , and WHEREAS, the Nelsons have requested a special use permit from the City to allow the construction of a garage/shop and living area on the Property. NOW, THEREFORE, in consideration of the granting of the special use permit by the City of Fridley, Vance Nelson and Mary Nelson, their heirs, successors and assigns, hereby agree to hold the City of Fridley harmless for any damage to the Property by reason of its location within the CRP-II (flood fringe) district and agree to reimburse the City of Fridley for any costs incurred in defending against any such claim for damages. IT IS ALSO AGREED that Vance Nelson and Mary Nelson, their heirs, successors and assigns, understand that neither the garage nor the shop area (as designated on the attached plan) shall ever be converted to a habitable living area. Any such conversion shall void the special use permit and shall make the entire addition a nonconforming use. - Vance Dale Nelson Mary Elizabeth Nelson THE CITY OF FRIDLEY By: William W. Burns City Manager -2- �n? 3r�nrle NFI SON,vANCE DVANCE SURVEYING & ENGINEERING CO. D S Hry.No.101 Mionetoaka,MN SS}i3 Phone(612)17�7961 Fu(612)�71 d267 RvEY FOR: VANCB NEI.SON � Q i � r r_e 1 � C—r r-�r r-� ' .J I TT� RVEYED: January 10,1991 �..� o (EL.D I�.o��_� �jZ; January 11,1991 �s'�.` �ALDESCRiPT10N� �:-= --- aoo— . . �li,19,20 iod 21.Block Y,RIVFRVIEW HEIGH7S.Moka Counry,Minnaou. � ti a � kallon ot doo •eil. � —.. .. . v1ITATIONS: � "� u? I Cl?� c�u�e w�Y � :9 t ^ � 2 ' ias -+� I o � !�� wrve�v��s�bw sealEcd�roqcrer rlJd tse diesi cWm�w on a sppevti ie a.w(�w v�nau�wrn�cni raad� i � `J � �V W t�o eepronu�io��►�i��t c ti tu d o e i�f M an i 0 c popc rt r�i N i i�t a rt 1 d i 0 t rt o o r d�W E e rn o W c�o d c t e t s i K . tL � � a�er�W iwae d W►o�M�p U��ert Y M doubi mnmM�iYr rcvruy d�Yr kyl dectlptloa mopctea Iqil mumel �Q Ir 4 ieu�nN�e pvior�a twk wrc�a�d Yws i�Yle oprw fa au u�e Y PRN^�!�Ae�urvry. Wc Jo.o�Uue � �i � �er�.►K�i�e ctiawt Wors r d v�tiA w�appe��ole�a�e�+ue d 1►tw�►aher wueca.Tle�enry Mors o.N��ue . ��Qp � . ore�nlu•VtL Mt.1Ybk�tl N�c1 R Aee/IepOfWM. F Q; M � � �I�'DARD SYMBOLS�tc CONVEM'IONS: h� ± I J O Dcaoia 1�^_'10 pipe wiiA plastic plu�beariaa Suic L icensc Numbcr l O S 3 S,set,I('o'is f i l l c d in,t Aen p(m �. � � aa founJ iron monumen� �a . � Zo ' . �Z � RTIFICAT(Oi�c 1`- �� , 1 �� O . 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' , �. 93'7149 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a special use permit, SP ��91-02 SPECIAL OSE PERMIT Mary and Vance Nelson , 04rner The above entitled matter came before the City Council of the City of Fridley and was heard on the 4th day of March � �g 91 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the fclZo�aing described �roper�y: To allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18 through 21 , Block Y, Riverview Heights, the sane being 600 Buffalo Street N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Four stipulations as approved on March 4, 1991 . STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 �y office, and have found the same to be a correct and true transcript of the Whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridle , Minnesota, in the County of Anoka on the /�� day of �`� ,i..G2F'� , 1 g�. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, 1�1 55432 � � 1�-f[- � SHIRLEY A. AAPALA, CITY CLERK ��• j-, ,� . . �.,�: �,��.y� , '.. ,:�,�" ' �`(SEAL) 0 -'��' _ ._ � �-; ,, _ .. � ; . , - ` - ,,� ' � :7 ��.�H��. . - .. .�,....O'i . ...*. .. . :�. .,��..:..Y,- .: , . • - FRIDLEY CITY COIINCIL MEETING OF MARCH 4 1991 PAGE 10 Councilman Billings asked if materials acceptable for c posting � also include stems from flowers and small twigs fr triinming hedges or bushes. Ms. Dacy stated that the yard waste definit' was changed to account for what could be transferred from t City's site to the compost site in Bunker Hills. Councilman Billings stated that the U versity of Minnesota and other organizations promoting compos 'ng refer to a layer of soil or dirt or adding a small amount f fertilizer. He stated he noticed that this is not mentione ut asked if it is permissible. Ms. Dacy stated that it is pe ssible because tlhat addition would not cause any adverse impact She stated that they are trying to outline items which they eel would cause a problem with the compost. Councilman Billings lt that staff should determine if this ordinance should in ude any language in regard to fertilizer as it is not now lis d as something a compost area might contain. He stated that o Earth Day there was a presentation given at the Nature Center d perhaps those persons could be asked to review the ordinance s to what is acceptable composting. Councilwom Jorgenson stated that if fertilizer is added, it does have to turned to allow composting of the materials. MOTIO by Councilman Schneider to waive the reading and approve the ord' ance upon first reading. Seconded by Councilwoman Jorgenson. Up a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 1991: A. SPECIAL USE PERMIT, SP #91-Q2 , BY VANCE AND MA_RY NELSON, TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING AREA IN THE CRP-2 (FLOOD FRINGE") DISTRICT, ON LOTS 18-21, BLACK Y, RIVERVIEW HEIGHTS ADDITION THE SAME BEING 600 BUFFALO STREET N.E. Ms. Dacy, Community Development Director, stated that this special use permit is requested to allow the addition of an attached garage and additional living area in the Flood Fringe District. She stated that the Department of Natural Resources reviewed the proposed floor plan, and the living area will be above the 100 year flood elevation of 823 feet; however, the storage, garage, and shop area will be below the flood elevation. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations, which she • . , . , FRIDLEY CITY COLJNCIL MEETING OF MARCH 4 1991 PAGE 11 outlined. It was noted that the stipulations require the petitioner to sign and record against the property an agreement that holds the City harmless for any eguipment lost from the shop area or the shop area itself and that the shop area and garage area shall not be converted to habitable living area. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-02, with the following stipulations: (1) The addition shall be flood- proofed in accordance with the requirements of the building code; (2) An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation; (3) The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition; and (4) The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitable living area. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT, SP #91-03 , BY STEVE WEISENBERGER FOR ABRA� TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON LOT � 4, BLOCK 2 , EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNIVERSITY AVENUE N.E. : Ms. Dacy, Community Development Director, stated that his is _ a request to amend ABRA's original special use permit at prohibits the outdoor storage of vehicles. She stated tha the petitioner is proposing to construct a fenced in area the rear of the building for this purpose. Ms. Dacy stated that the Planning Commi ion recommended approval of the special use permit subject to ur stipulations, which she outlined. Councilman Billings asked, in gard to Stipulation No. 4, if it was necessary to specify the ngth of time the City shall hold the bond. Ms. Dacy stated that e typical City policy is to hold the bond until the improveme s are completed. Councilwoman J genson asked what has changed since the original special use rmit was issued in 1987 to require outdoor storage. Mr. Jim nson, representing ABRA, stated that when this building was co structed in 1987 it was designed to handle all the business ins ' e the building. He stated over the years the business has g wn, and ABRA is unable to store all vehicles inside the