SP91-08 CITY OF FRZDLEY
6431 LINIVIILSITY AVIIQUE N.E.
FRIDLEY, I�IIJ 55432 Ooctan�nity Develo�ent Departiuent
(612) 571-3450
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SP�7CIAL IJSE P�IIT AP'PZ.IC�TIO�i 1�ORHI
PROPEI2'i'3t Il�nR1�TION - site plan required for subam.ittals; see attached
Adaress: /v�� t��1/�i�'�E OG-F" W A��/
Legal desc.�iption:
I,�t �� slocac -z Tract/Ac�clition �'► V F'�' FDG'� �}�D/Ti�/L/
Current zoning: Square footage/acreage
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s
Reason for special use permit d��*� l�D�e7i�, � '- '�� f r:� ��N�-.f
Section of City Code:
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F'EE �R Il��DRMATION
(Contract Purchasers: Fee Owners must sign this form prior to prooessing)
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ADDRESS
LIAYTIl"IE PHONE
..
SIC�ZLJRE DATE
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PE`PITIOI�R II�+ORN7P�TION
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Fee: $200.00
$100.00 for residential second ac�essory buildings
Fermit sp # �1 — �_ Re�iPt # ��i'� t
Application received by:
scheduled Planning Co�rnnission date: c,�C�.Q-� l(� , / � � 1
,
Scheduled City Council date:
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CITY OF FRZDLEY PLAN REVIEtf CHECICLZBT
Applicants for vacations must submit the legal description of the B. Site Plan:
parcel (easement, street, etc.) to be vacated.
1. Property line dimensions, location of all existinq and
Complete site plans, signed by a registered architect, civil proposed structures with distance from boundaries,
engineer, landscape architect, or other design professional, to distance between structures, building dimensions and
include the followinq: floor elevations
A. General: 2. Grading and drainaqe plan showinq existing natural
features (topography, wetlands, veqetation, etc.) as well
1. Name and address of project as proposed qrade elevations and sedimentation and storn
water retention ponds. Calculations for storm water
2. Legal description (certificate of survey may be required) detention/retention areas.
3. Name, address, and telephone number of applicant, 3. All existinq and proposed points of eqress/inqress
engineer, and owner of record showing widths of property lines, turning radii abutting
rights-of-way with indicated center line, width, paving
4. Date proposed, north arrow, scale, number of sheets, name width, existing and proposed median cuts, and inter-
of drawer sections of streets and driveways
5. Description of intended use of site, buildinqs, and 4. Vehicular circulation system showing location and
structures including type of occupancy and astimated dimensions for all driveways, parking spaces, parking lot
occupancy load aisles, service roads, loading areas, fire lanes,
emergency access (if necessary), public and private
6. Existing zoning and land use streets, alleys, sidewalks, bikepaths, direction of
traffic flow, and traffic-control devices
7. Tabulation box indicating:
5. Landscapinq Plan
(i) Size of parcel in areas of sq. ft.
(ii) Gross floor area of buildin s 6. Location, access, and screening detail of trash
9 enclosures
(iii) Percent of site covered by buflding 7. Location and screeninq detail of rooftop equipment
(iv) Percent of site covered by impervious surface 8. Building elevations from all directions
(v) Percent of site covered by area 9. Utility plan identifyinq size and direction of existinc
(vi) Projected number of employees ' hadrant t sewer lines, fire hydrants, distance of
y 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) Height of all buildings and structures and number of
stories
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� COMMI ION APPLICATION REVIEW
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FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP ��91-08
��N� 30 6/7/91 7/ 10/9 1 157 River Edge Way - allow third
FRlDLEY ui din over 240 s . ft.
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
❑ BARB D. COMMENTS
MICHELE M, W��I "� � � �` ��,� �
w[,E��er- lA�t�cb �- �cc� I��� 5
�D�I U-�I VVIc-�s c.ow►�1�.-�i �
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MAR W. �
[� JOHN F. ('�� /'�.�r�= �'�`�``''�
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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, July 10, 1991 at 7: 30 p.m.
for the purpose of:
Consideration of a Special Use Permit, SP #91-
08, by Lewis and Velma Farr, per Section
205. 07. 01.C. (1) of the Fridley City Code, to
allow a third accessory building, over 240
square feet, on Lot 10, Block 1, River Edge
Addition, generally located at 157 River Edge
Way 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: June 26, 1991
July 3, 1991
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
Planning 6/21/91
SP ��91-08
Lewis and Velma Farr MAILING LIST Council
Lewis and Velma Farr Joseph Maertens
157 River Edge Way N.E. ]44 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432
Gregory Potasek Gerald Nugent
310 - 62nd Way N.E. 168 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432
Cecil Gibson Jerry Byzewski
190 - 62nd Way N.E. 164 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432
Marvin Bohnett Helen Mikulak
180 - 62nd Way N.E. 129 River Edge Way N.E.
Fridley, MN 55432 Fridley, MN 55432
Byron Davis Planning Comm. Chair
170 - 62nd Way N.E.
Fridley, MN 55432 City Council
Stan Jakus
160 - 62nd Way N.E.
Fridley, MN 55432
Bernard Becker
150 - 62nd Way N.E.
Fridley, MN 55432
Gordon Griebenow
169 River Edge Way N.E.
Fridley, MN 55432
Donald Washington
165 River Edge Way N.E.
Fridley, MN 55432
Robert Latz
161 River Edge Way N.E.
Fridley, MN 55432
Gerhard Pragal
]52 River Edge Way N.E.
Fridley, MN 55432
Robert Holt
148 River Edge Way N.E.
Fridley, MN 55432
SP ��91-08
Lewis Farr
_�/2 SEC. 15, T. 30, R. 24
C/TY OF FR/OLEY
GONDOM/N/UM NQ B
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20
City of Fridley
PUBLIC NEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby qiven ihat ihere will be a
Public Hearing of ihe Fridley Planning
Commission at ihe Fridley Municipal Cenfer,
6431 University A�enue N.E. on Wednesday,
J uly 10,7991 a17:30 p.m.for ihe purpose of:
. ConsideraTion of a Special Use Permii,SP q
91-08,by Lewis and Velma Farr,per Seciion
205.07.O7.C:(7) of ihe Fridley City Code, to'
allow a ihird accessory building, over yqp
square feet,on Lot 10, Block 7, River Edge
Addition, generally located at 757 River
Edge Way N.E.
Any and all persons desiring to be heard shall
be given an opport�niTy at ihe above statetl
time antl place.
DONALD BETZOLD
CHAIRMAN
PLANNINGCOMMISSION
A�Y questions related to This item may be
referred to ihe Fridley Community Develop-
meni Depariment,571-3450.
(Published Fridley Focus June 26&July 3,
1991)
� `'
7A
PLAP�NING C •1ISSION MEETING, OCTOBER 3 1984 PAGE 4
2. LOT SPLIT REQUEST, L.S. #84-09, BURLINGTON NORTHERP�: Split off the
ort er y 55 t. of Lot 9, Au itor s Sub ivision No. 78 to make a
new buildin site at 6095 East River Road.
Mr. Robinson tated the proposal was to split off the northerly 155 ft, of
Lot 9. He sta ed 30 ft, of tf�e most northerly portion is roadway easement
so the lot size is actually 125 ft. in width.
Mr. Robinson stat d the only staff recommendation was that this lot split
be registered at t e County. This sf�ould be done before October 15. How-
ever the lot spli will not be approved by the City Council by that time.
he recommended Mr, erlick contact the County to get a clarification as to
how this could be don .
Mr. Robinson stated th park fee agreement has already been signed.
Mr. Rob Taylor stated he as representing Burlington Northern. He agreed
with Ms. Gabel that this ilding would be an improvement and would upgrade
the area.
MOiION BY MR. KONDRICK, SECO ED BY MR. OpUIST, TO A.ECOAfMEND TO TNE CITY
COUNCIL APPROVAL OF LOT SPLIT QUEST, L.S. #i84-09, BY BURLINGTON �`IDRT�ERN
TO SPLIT OFF THE NORTIIERLY I55 FT. OF IAT 9, AUDITOR'S SUBDIVISION NO. 78
TO MAKE A NEW BUILDING SITE AT 095 EAST RIVER ROAD, WITN THE STIPULATIOIJ
THAT THE IAT SPLIT BE RECORDED W TH 2NE COUNTY PRIOR � THE ISSUANCE OF
THE BUILDING PERMIT.
UPON A VOICE VOTE, ALL VOTING AYE, HAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION BY MR. MINTON, SECQNDED BY MR. ABA, � RECOMMEND THAT THE LOT SPLIT
REQUEST BE HELD i1NTIL THE CITY COUNCIL AS THE Pi1BLIC HEARING ON TNE REZONING
REQUEST ON NOVEMBER 5, SO THAT BOTH TNE T SPLIT REQUEST AND THE REZONIidG
REQUEST CAN BE HANDLED AT THE SAME TIME.
UP011� A VOICE VOTE, ALL VOTING AYE, CHAIRW01� SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3. PUBLIC HEARIt�G: CONSIDERATION OF A SPECIAL U E PERMI SP �84-18 BY
er �ect�on 0 . , 3, , of t e Fri ey City Code, to
a ow t�e construction of a second�accessory building, a 20 ft, by 30 ft,
structure to be used for a workshop on Lot 10, Block 1 , River Edge Addition,
. the same being 157 River Edge way r�.E.
.
MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO OPEN TNE PUBLIC HEARING
ON SP 1184-18 BY LEWIS FARR.
UPON A VOICE VOTE, ALL VOTING AYE, CHAII2WOMAN SCHNABEL DECLARED THE PUBLIC
HEARING OPEN AT 8:15 P.M.
�O
'' �' � 7B
PLANNING•COMMISSION MEETING, OCTOBER 3, 1984 PAGE 5
Mr. Robinson stated the proposal was for a 20 ft, by 30 ft. second accessory
building to be used as a workshop. This structure would be located in the
rear �f the yard and would be attached to an existing shed-type building.
. The property is in the critical area and, as such, all new buildings have
to be set back 40 ft, from the bluff line. This stipulation was enacted as
part of an ordinance to preserve the view of the area. This building is
set back a minimum of 60 feet.
Mr. Robinson stated Staff has no problem with this special use permit request;
therefore, there were no stipulations at this time.
Mr. Kondrick stated one thing the Commission was always concerned about
was noise. Ne asked Mr. Farr what type of equipment would be used in this
building.
Mr. Farr stated it would be basically woodworking equipment. Right now he
does his woodworking in the basement of his house. He has limited space
in the basement and has only a 1� car garage. The woodworking is strictly
a hobby. He stated he has lived in �►is home since 1958 and certainly did
not want to do anything that would detract from the area. He ��ould not put
in anything that was obnoxious to the neighborhood.
Ms. Helen Mikulak, 129 River Edge Way, stated she was opposed to the con-
struction of this building. She stated that if Mr. Farr ge+:s this special
use permit, then there would be half a dozen other people in the neighborhood
who would be making requests for other buildings. She stated Mr. Farr will
be using saws which will create noise. She stated a hobby usually turns into
a full-time job at home, and the neighbors will be listening to the noise all
day long.
Mr. Farr stated he does woodNorking in his garage right now, and he has never
had a complaint about noise from his neighbors. As far as noise, there are
plenty of other noises around the neighborhood when people are doing things
outside. He stated this building will be basically a closed shop. The
building will have 6 inch walls so it will be insulated very well . The
building will be located to the northwest end of the lot so he did not see
noise as ever being a problem.
Ms. Schnabel s�ated that as far as a home occupation, the City does not per-
mit a business to be operated in the home, except by request to the City.
If at any time, Mr. Farr would decide to turn this into a home occupation,
he would have to make a request to the City. When people do request permits
to build second accessory buildings, the Corrmission is always very careful
to make sure there is not a business going into that building. The Commission
` tries very hard to preserve the neighborhood concept within the neighborhoods.
Ms. Schnabel stated she wanted to point out that the Commission had received
a letter from the two property owners adjoining P1r. Farr's property,
Mr. & Dtrs. Cecil Gibson, l90 - 62nd Way, and Ms. Margaret Latz, 161 River
Edge Way. Both property owners stated they were in complete agreement with
the construction of the building.
7P
. . . - 7C
PLANNI��G COMt•tISSION MEETING, OCTOBER 3, 1984 PAGE 6
Mr. Olga Pragal , 152 River Edge Way, stated she was opposed to this building.
When Mr. Far puts in this building, they will not be able to sell their
home, because who is going to want to buy a house with a woodworking shop
_ nearby?
Mr. Farr stated that if he could expand his garage, he would do so, but this
way he was moving his shop farther away from the neighbors. Ne failed to
see the problems expressed by the neighbors.
MOTION BY MS. GABEL, SECONDED BY MR. NIELSEN, TO CLOSE THE PUBLIC HEARING
ON SP N84-18 BY LEWIS L. FARR.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TNE PUBLIC
f1EARING CLOSED AT 8:36 P.M.
Mr. Kondrick stated he appreciated the neighbors' concerns regarding noise,
` but he did not believe noise was going to be a problem. The building would
be far enough away and the building would be too well insulated to create a
noise problem.
Mr. Saba stated that since there were concerns expressed by the neighbors,
maybe one of the stipulations on the special use permit should be that
Staff review the special use permit in two years to ensure the petitioner
was concurring with the intent of the permit.
MOTION BY MR. KONDRICIC, SECONDED BY MR. OpUIST, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF SPECIAL IJSE PERlHIT, SP 1{84-18, BY LEWIS L. FARR, PER SECTION
205.07.1, 3, A, OF THE FRIDLEY CITY CODE, TO ALIAW THE CONSTRUCTION OF A
SECOND ACCESSORY BUILDING, A 20 FT. BY 30 FT. STRUCTURE TO BE USED FOR A
WORKSHOP ON LOT I0, BIACK 1, RIVER EDGE ADDITION, THE SAME BEING 157 RIVER
EDGE WAY N.E. , WITH THE STIPULATION THAT STAFF REVIEW THIS SPECIAL USE
PERMIT IN TWO YEARS.
Ms. Schnabel stated she appreciated the concerns expressed by the neighbors;
however, she felt this was going to be removed even farther from the neighbors
than the existing use of the property so that the noise level should not be
there. If there should be a problem, the City does have ordirances that
can deal with the problem. It is a matter of making use of the City's faci-
lities and going through the proper channels to make the complaints.
UPQN A VOICE VOTE, ALL VOTING AYE, CHAII�JOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
� Ms. Schnabel stated this special use permit request would go to City Council
� on October 15.
7 Q
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, JULY 10, 1991 / //
CALL TO ORDER•
Chairperson Betzold called the July 10, 1991,,�lanning Commission
meeting to order at 7:30 p.m.
ROLL CALL•
i
Members Present: Donald Betzol , Dave Kondrick, Brad Sielaff,
Sue Sherek onnie Modig
Members Absent: Dean S a, Diane Savage
Others Present: Mi ele McPherson, Planning Assistant
ewis Farr, 157 River Edge Way N.E. ,
Fridley, MN 55432
APPROVAL OF J 26 1991 PLANNING COMMISSION MINUTES:
MOTION by r. Kondrick, seconded by Ms. Sherek, to approve the June
26, 199 , Planning Commission minutes as written.
IIPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
M ION CARRIED UNANIMOUSLY.
l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-
08 , BY LEWIS AND VELMA FARR:
Per Section 205. 07. 01.C. (1) of the Fridley City Code, to allow
a third accessory building, over 240 square feet, on Lot 10,
Block 1, River Edge Addition, generally located at 157 River
Edge Way 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
at 7: 33 p.m.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated the subject parcel is located at the end of
the cul-de-sac on River Edge Way. Adjacent to the property is a
City park to the west. The parcel is zoned R-1, Single Family
Dwelling, as are the surrounding parcels. The petitioner is
proposing to construct a two-car garage on the property which
exceeds 240 square feet. The garage is proposed to be constructed
in the northeast corner of the property.
PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 2
Ms. McPherson stated the petitioner has also applied for a variance
to increase the maximum square footage of all accessory building
from 1,400 square feet to 1, 832 square feet. This will include the
existing attached single car garage, the workshop area which was
granted a special use permit in 1984, and the proposed two-car
garage. The Appeals Commission did vote to recommend approval of
the variance request to the City Council.
Ms. McPherson stated the petitioner is proposing to construct the
second garage to provide storage space for an antique car and other
vehicles the petitioner is currently not using. While the third
accessory building does not adversely impact either the lot
coverage or sight lines for other property owners, it does not meet
code requirements because it does exceed the 1,400 square foot
maximum set for accessory buildings. The petitioner currently does
have reasonable use of the property, and denial would not
constitute a taking.
Ms. McPherson stated that the Appeals Commission, in its
recommendation to the City Council, stated that granting the
variance would not adversely impact surrounding properties as the
lot is large enough to accommodate all structures including the
proposed accessory use. If the Planning Commission concurs with
the Appeals Commission reasoning, then approval of the special use
permit would be in order.
Ms. McPherson stated that staff recommends denial of the special
use permit for a third accessory building over 240 square feet as
it does increase the maximum square footage of all accessory
structures and the petitioner does have reasonable use of the
property. If the Planning Commission wishes to concur with the
Appeals Commission and recommend approval of the special use
permit, staff suggests one stipulation:
1. Variance request, VAR #91-18, shall be approved.
Mr. Betzold asked if the City had received any calls or complaints.
Ms. McPherson stated she had spoken with the property owner to the
northwest. He stated he does not object to the third accessory
building where it is located, but he is concerned that the building
not be placed in the open area of Mr. Farr's lot because that is
the view from his front yard. This neighbor is not present at the
meeting this evening.
Mr. Betzold asked if Mr. Farr were to expand his present garage to
build a two car garage, is there sufficient room and where would
the lot line be?
PLANNING COMMIS3ION MEETING, JULY 10, 1991 PAGE 3
Ms. McPherson stated there are several issues that prevent the
petitioner from expanding his existing garage. One is that there
is a walkway easement that has been dedicated to the City which
allows the public access to the park property which is to the west
of the property. The other issue that prevents expansion of the
existing garage is the way the house is designed. The existing
slope of the roof is at such a steep angle that, by the time the
existing garage would be expanded to the south, the side of the
garage door would 4-5 feet in height because of the addition to the
existing roof line. He would have to complete a major redesign of
the roof in order to expand to the south.
Mr. Betzold asked if Mr. Farr had room on the other side of the
lot.
Ms. McPherson stated he does, but there is a conflict with another
walkway easement. He has proposed to construct the accessory
building out about 10 feet from the center line of the walkway or
about 7.5 feet from the property line.
Mr. Betzold asked if the petitioner was to build a two-car garage
by expanding the one-car garage, would it be possible for the City
to vacate the current easement but have another easement on a
different portion of the property?
Ms. McPherson stated it is possible for the City to explore that
option. An easement may all be on his property but may also
encompass some of the property to the north.
Mr. Betzold stated he did not know the area, but this could be an
option. If the petitioner was to build in the area where he
proposes to build an accessory building, is there room only for a
single car garage as opposed to a double car garage?
Ms. McPherson stated the petitioner is proposing a two-car garage
which is detached.
Mr. Sielaff asked if the petitioner can locate the structure
anywhere he chooses and if he needs a special use permit only
because of the square footage.
Ms. McPherson stated that once the special use permit is granted,
he can potentially locate the garage anywhere on the property.
The petitioner has chosen this location for the ease of building.
There is a topography change in the rear area of the lot. He
probably does not want to locate the structure further back due to
the expense of a hard surface driveway. If the Commission wants
to stipulate that the location be within a certain number of feet
as shown on the plan, the Commission can do so. The petitioner
usually builds within the location proposed.
PLANNING COMMISSION MEETING. JULY 10, 1991 PAGE 4
Mr. Betzold asked if the petitioner was to remove the existing one-
car garage or convert it into living space, would he have as a
matter of right to build this two car garage or would the
petitioner still need permission to do so?
Ms. McPherson stated the petitioner already has one accessory
building. If the single car garage did not exist, he would still
need to come for a second accessory building over 240 square feet.
He would probably also need a variance, because he would probably
still have more than 1,400 square feet.
Ms. Modig asked how much the petitioner was over the allotted
square footage.
Ms. McPherson stated 432 square feet.
Mr. Farr stated he bought the property in 1970. The attached
garage is 16 X 24 feet and he needed a variance for that because
of the walkway. The garage is shifted forward because of the
easement. He would like to build there and would like to have a
two-car garage but cannot because of the steep pitch of the roof.
He has three vehicles and would like to have them in a garage. He
has a fine piece of property and also is looking at the resale
value. He probably will never realize the value of the garage in
resale. He spoke with the neighbor to the north who was concerned
about the area near the workshop. The property currently has three
easements.
Ms. Modig asked the petitioner if the structure would be used only
for a garage.
Mr. Farr stated, yes. He has three vehicles which are currently
parked outside. He wants to keep the property neat.
Mr. Betzold stated he has concerns about this request. If the
petitioner is going to continue to add on, the way the property is
developing he did not know if the value would increase. He thought
the property with the additions was detracting to the property.
Mr. Farr stated that without looking at the property he did not
think this was a fair evaluation.
Mr. Betzold stated he has seen the property and is aware of the
area, but he still has concerns. The City has a Code and most of
the residents of the City abide by it. He was not sure this is
what he wanted to see.
Mr. Sielaff asked if the landowner to the east had made any
comments.
. .
PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 5
Ms. McPherson stated, no, only the landowner to the north has
contacted the City.
Mr. Farr stated that this is a very large lot, almost twice the
size of the other lots. He could build out in the back but he
would need a very long driveway, and he would still need a
variance.
Mr. Kondrick asked the petitioner that, if the Commission made a
stipulation that the new garage be placed within two or three feet
of the location shown on the drawing, would he have any objection?
Mr. Farr stated, no.
Ms. Sherek asked if it is possible to stipulate that there be no
further petitions for additional accessory structures on this
property.
Ms. McPherson stated she did not think the Commission can restrict
a property owner's right from applying. The discussion in the
minutes should express the concerns regarding additional special
use permits or variances for this property.
Ms. Sherek stated that each request taken individually seems to be
a reasonable addition to the property. However, it can get to the
point where there are accessory buildings everywhere.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 P.M.
Ms. Modig stated across the street from her property is a gentleman
with many antique cars. He has a double attached garage and a
variance for another double garage at the back of the property,
which is a small lot. She was concerned about it. There were a
lot of cars sitting around, but it now looks nice. She has no
problem with approving the request. The lot is wooded, and she
did not think it would be unsightly.
Mr. Kondrick agreed. The lot is large, the house is poorly
located, and the petitioner is right that he may not add to the
value of the property by building a double garage. However, he is
concerned about the neighbor's comments. If the garage is placed
where it is, he would not object.
Mr. Sielaff agreed, with a stipulation that the petitioner stay
within two feet of the area as shown on the drawing for placement
of the structure.
+ �
PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 6
Ms. Sherek stated any one of these accessory uses alone would
improve the property. Her reason is not because of the resale
value on the property but because of the multiple requests. She
would like the minutes to reflect that any additional petitions for
additional coverage be scrutinized before anything else is built.
Mr. Betzold stated he opposed the request on the grounds that the
Code has to have a purpose. At some point an individual can
petition too many times and if the City allows them to do it, that
penalizes everyone else in the City. There are many people who
would love to build right up to the lot line or build more
accessory buildings, but the Code says they cannot. He did not see
why this particular situation is any different than some of those
situations.
MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City
Council approval of Special Use Permit, SP #91-08, by Lewis and
Velma Farr, to allow a third accessory building, over 240 square
feet, with the following stipulation:
l. Variance Request, VAR #91-18, shall be approved.
2 . The structure be located within two feet of the location
shown on the plan.
UPON A VOICE VOTE� SHERER, MODIG, SIELAFF, AND RONDRICR VOTING AYE,
BETZOLD VOTING NAY, CIiAIRPERSON BETZOLD DECLARED THE MOTION
CARRIED.
Ms. McPherson stated the variance request and special use permit
will be heard by the City Council on July 22, 1991.
2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION
MEETING OF JUNE 3, 1991:
�-�' �
MOTION by Mr. Kondrick, seconded by Ms. Modig, to r�ive the June
3 , 1991, Parks & Recreation Commission minutes. %�
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERb�N BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Kondrick stated one item scussed at the meeting was beer
sales at City parks after ivities. There is a motion on page
6 to adopt a policy that all softball tournaments where beer is
sold that beer sales ase 30 minutes after the last inning or no
later than 12 : 00 m' ight. He stated that, apparently, there have
been some probl s, and he wanted the Commission to be aware of
this new pol ' y.
Ms. Sh ek asked if this policy would be effective immediately.
�
� STAFF REPORT
APPEALS DATE
CI�QF PLANNING COMMISSION DATE : Ju ly i o, 19 91
F��LLI CITY COI�ICIL DATE : July 22, 1991 AUTHOR M�/dn
REQUEST
PERMIT NUMBER sP ��9 i-os
APPLICANT Lewis Farr
PROPOSED REQUEST To allow a third accessory structure, over 240 sq. ft.
LOCATION 157 River Edge Way
SITE DA7A
$�ZE 23,942.89 square feet 10.4� lot coverage
DENSITY
PRESENT ZONING x-1 , Single Family Dwelling
ADJACENT LAND USES R-] , Single Family Dwelling to the N, S, E, and W
& ZONING
UT�ITIES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
- COMPATIBILITY WITH
ADJACENT USES 8� ZONWG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION Denial
APPEALS RECOMMENDATION
PLANNING COMMISSION Approval with stipulations
RECOMMENDATION
Staff Report
SP #91-08, 157 River Edge Way
Page 2
Request
The petitioner is requesting a special use permit to allow a third
accessory building over 240 square feet. The petitioner is
proposing to construct a detached two-car garage. The request is
for Lot 10, Block l, River Edge Addition, the same being 157 River
Edge Way.
The petitioner has also requested a variance to increase the
maximum square footage of all accessory structures from 1,400 sq.
ft. to 1,832 sq. ft. The Appeals Commission voted to recommend
approval of the request to the City Council.
Site
Located on the property is a single family dwelling unit with an
attached single car garage and a 46 ft. x 20 ft. shed/workshop
structure located in the rear yard. The property is zoned R-1,
Single Family Dwelling, as are all adjacent properties. A City
park is located to the west of the subject parcel.
Background
The petitioner received a special use permit for a second accessory
building over 240 square feet in 1984 to construct a 20 ft. by 30
ft. structure which is currently used as a workshop. This workshop
is located in the northwest corner of the property.
Analysis
The petitioner has need of additional garage space to store items
such as his antique car and other vehicles which are not currently
used. The petitioner is proposing to construct a detached two-car
garage to the north of the dwelling unit.
While the third accessory building would not adversely impact
either the lot coverage or adjacent property owners' sight lines,
the request clearly does not meet the Code requirement as it causes
the maximum square footage of all accessory buildings to exceed
1, 400 sq. ft. The petitioner has reasonable use of the property;
therefore, denial of the special use permit would not constitute
a taking. However, in its recommendation to the City Council, the
Appeals Commission stated that granting the variance would not
adversely impact surrounding properties as the lot is large enough
to accommodate all structures including the proposed accessory use.
7K
Staff Report
SP #91-08, 157 River Edge Way
Page 3
If the Planning Commission concurs with the Appeals Commission's
reasoning, then approval of the special use permit is in order.
Recommendation
Staff recommends that the Planning Commission recommend to the City
Council denial of the special use permit request for a third
accessory building over 240 square feet as the accessory building
increases the maximum square footage of all accessory structures
over 1,400 sq. ft. , and the petitioner has reasonable use of the
property.
However, if the Planning Commission chooses to recommend approval
of the request, staff recommends the following stipulation:
1. Variance request, VAR #91-18, shall be approved.
Planning Commission Action
The Planning Commission voted 4-1 to recommend approval of the
request to the City Council with the following stipulations as
amended:
1. Variance request, VAR #91-18, shall be approved.
2 . The accessory structure shall be located within two feet of
the location proposed by the petitioner.
City Council Recommendation
Staff recommends that the City Council deny the request as it does
not meet the code and the petitioner has reasonable use of the
property.
7L
� Community Development Department
� PLANNING DIVISION
City of Fridley
DATE: July 18, 1991 � •
TO: William Burns, City Manager�
�'1'`
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Special Use Permit, SP #91-08, by Lewis Farr
at 157 River Edge Way N.E.
Attached please find the above-referenced staff report. The
petitioner is requesting a special use permit to allow a third
accessory structure over 240 square feet. The Planning Commission
voted 4-1 to recommend approval of the request to the City Council
with the following stipulations:
1. Variance request, VAR #91-18, shall be approved.
2 . The accessory structure shall be located within two feet of
the location proposed by the petitioner.
Staff recommends that the City Council deny the request, as it does
not meet the code requirements, and the petitioner has reasonable
use of the property.
MM/dn
M-91-521
FRIDLEY CITY COIINCIL MEETING OF JIILY 22, 1991 PAGE 14
�"
Councilwoman Jorgenson. Upon a voice t, all voting aye, Mayor
Nee declared the motion carried una ' ously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JULY 10, 1991•
A. SPECIAL USE PERMIT, SP #91-08. BY LEWIS AND VELMA FARR. TO
ALLOW A THIRD ACCESSORY BUILDING, OVER 240 SQUARE FEET, ON
LOT 10 BLOCK 1 RIVER EDGE ADDITION GENERALLY LOCATED AT
157 RIVER EDGE WAY N.E. :
Ms. Dacy, Community Development Director, stated that this is a
request for a special use permit to allow a third accessory
building over 240 square feet at 157 River Edge Way. She stated
that located on the site is the petitioner's single family home and
an attached one car garage. She stated that in 1984 a special use
permit was granted for a second accessory structure.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit by a 4 to 1 vote with two stipulations,
which she outlined.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Planning Commission and grant Special Use Permit, SP #91-08,
with the following stipulations: (1) variance request, VAR #91-18,
shall be approved; and (2) the structure be located within two feet
of the location shown on the plan. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission meeting of July 10, 1991. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF
JUNE 25, 1991•
A. VARIANCE RE4UEST, VAR #91-16, BY TAMARA AND CHARLES THOMES.
TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6 FEET TO
ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 14 BLOCK 1
AMBER OAKS, GENERALLY LOCATED AT 5985 MCKINLEY STREET N.E. :
Ms. Dacy, Community Developmen� Director, stated that the
petitioner is requesting a varia�ce to reduce the side yard setback
from 10 to 6 feet to expand the living area above his garage. She
stated that staff recommended denial; however, the Appeals
• Commission recommended ,approval of the variance request. She
stated that the Comm ion felt this was a unique situation since
the proposed addit�as above the garage, there was still 11 feet
of space betweeny '�his structure, and the neighboring property to
the west. ,,�
,
��
. - �
_
CITY OF
FRIDLEY
FRIDLEY MUNIC[PAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
July 25, 1991
Lewis and Velma Farr
157 River Edge Way N.E.
Fridley, MN 55432
Dear Mr. and Mrs. Farr:
On July 22 , 1991, the Fridley City Council officially approved your
request for a special use permit, SP #91-08, to allow a third
accessory building, over 240 square feet, on Lot 10, Block 1, River
Edge Addition, generally located at 157 River Edge Way N.E. , with
the following stipulations:
1. Variance request, VAR #91-18, shall be approved.
2 . The accessory structure shall be located within two feet of
the location proposed by the petitioner.
Also, the City Council approved your request for a variance, VAR
#91-18 , to increase the total floor area of all accessory buildings
from 1,400 square feet to 1, 832 square feet, to allow the
construction of additional garage space, on Lot 10, Block 1, River
Edge Addition, generally located at 157 River Edge Way N.E. , with
the following stipulations:
1. The proposed accessory structure shall not be attached to the
dwelling unit unless it has frost footings.
2 . The petitioner shall provide a hard surface driveway by August
1, 1992 .
. •
,
Lewis and Velma Farr
July 25, 1991
Page 2
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
��
Si er ly,
arbara Dacy
Community Development Director
D/dn
Please review the above, sign the sta ent below and return one
copy to the City of Fridley Planning ep rt nt b August 8, 1991.
' G�i�' `-' �
Concur with action taken
y � n��_;a()6
;;
; STATE OF MINNESOTA CITY COONCIL PROCEEDINGS
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a special use permit, SP 1f91-08
� SPECIAI. OSE PERMIT
Lewis and Velma Farr , Owner
The above entitled matter came before the City Council of the City of Fridley
and Was heard on the 22nd day oF .Tulv , 19�1_, on a
petition for a special use permit pursuant to the City of Fridley�s Zoning
::rLji:?Z1C�, '_FQr �hc �`Cl 1 nWi nro �PSC^��gC� rnppc»tp�
To allow a third accessory building, over 240 square feet, on Lot 10, Block 1 ,
River Edge Addition, generally located at ]57 River Edge Way N.E.
IT IS ORDERED that a special use permit be granted as upon the following
conditions or reasons:
Two stipulations. See City Council meeting minutes of July 22, 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 �ith 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
Fridley, Minnesota, in the County of Anoka on the L�`� day of
,���� ���f:Ck,%L�� , 19 `� Z..
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, t�IlV 55432 ` ;•-
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���=y�=� �1- / t �`0.
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SHIRLEY A. AAPALA, CZTY� ERK . �:,"_�'='�
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FRIDL_EY CITY COIINCIL MEETING OF JIILY 22, 1991 PAGE 14 /
�
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously. �
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JULY 10, 1991:
A. SPECIAL USE PERMIT, SP #91-08, BY LEWIS AND VELMA FARR. TO
ALLOW A THIRD ACCESSORY BUILDING, OVER 240 S UARE FEET, ON
LOT 10, BLOCK 1, RIVER EDGE ADDITION, GENERALLY LOCATED AT
157 RIVER EDGE WAY N.E. :
Ms. Dacy, Community Development Director, stated that this is a
request for a special use permit to allow a third accessory
building over 240 square feet at 157 River Edge Way. She stated
that located on the site is the petitioner's single family home and
an attached one car garage. She stated that in 1984 a special use
permit was granted for a second accessory structure.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit by a 4 to 1 vote with two stipulations,
which she outlined.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Planning Commission and grant Special Use Permit, SP #91-08,
with the following stipulations: (1) variance request, VAR #91-18, ��
shall be approved; and (2) the structure be located within two feet
of the location shown on the plan. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission meeting of July 10, 1991. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF
JUNE 25, 1991•
A. VARIANCE REQUEST, VAR #91-16, BY TAMARA AND CHARLES THOMES
TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6 FEET TO
ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 14 BLOCK 1
AMBER OAKS, GENERALLY LOCATED AT 5985 MCKINLEY STREET N.E. :
Ms. Dacy, Community Development Director, stated that the
petitioner is requesting a variance to reduce the side yard setback
from 10 to 6 feet to expand the living area above his garage. She
stated that staff recommended denial; however, the Appeals
• Commission recommended approval of the variance request. She
stated that the Commission felt this was a unique situation since
the proposed addition was above the garage, there was still 11 feet
of space between this structure, and the neighboring property to t
the west.
.
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City of Fridley
6431 University Ave NE
Fridley Mn 55432
Community Development