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SP91-06 + CITY OF FRIDSEY 6431 i�IIVERBITY AVENQE N.E. FRIDLEY, I+IId 55432 Domtaaiity Develo��nt Department (612) 571-3450 f SPECIAL UB�E PER1�'BT AP'PLI(�iTI�T I�NI PRDPFi�i'�t II�ORl�TI0�1 - site plan required for sukxnittals; see attached Address: /<�l�7 J�«�G e��'��".ffC /�'!! Ieg11 desCY'iption: �t 30, Block 2, Irvington Addition and Lot 14, e�ept the south 390 feet, A.S. ��22 Iat Block Tract/Addition Current zonirig: Square foo�tage/acreage � Reason for special use permit: �� (�-��?� sec.-tion of City Code: �V(,�=� ('��, D 1. � ( �� ___..��___�_______��_�____�__..�__�..�_..__..__�__�____..___....________�_..__�__�__�� F'EE aWl�It II��ORMATI�1 (Contract Purchasers: Fee Owners inust sign this foxm prior to processir�g) ' s � �'oa�,�c� Kl�c.�c � �s l 3 3� �N i I I c.ir-e,�� L-�e 1V 1= �i C�1 eC.�� 5 5 i--/3 Z nA�rn� �xorrE SI(�ZURE 11A'I*E 's s _�..�..__�...._��__�_�...._��..�.._...��..�..�..__.._��_��.,�_........_....�..�....��..�..__.._.._..�_�..�� P�'T1TI��it II��OIt�T'I�J � � NAME + � ADI�2ESS L1P,Y'�Il� PHONE SI(�TA'ILTRE �� _�_.._.._.._��__��___..___�___��__��_..____��..___...._..___......_..__��_____.._..___ k Fee: $200.00 � $100.00 for residential seoond aa�es.sory buildings �t sP # `�! —O�� # 3 9 ��-1 Application reoeived by: Scheduled Planning C7catunission date: Scheduled City Cauncil date: ___�_..��_�...._______�_..__....��_�..___.._��____..__...._______.........,.._.._�__��.._�� , 3T � CITY 01 lRIDLLY PL71N RLVIEN CHECICLZBT Applicants for vacations must submit the leqal description of the B. Site Plan: parcel (easement, atreet, etc.) to be vacated. 1. Property line dimensions, location of all existinq and Complete site plans, signed by a registered architect, civil proposed atzuctures with distance from boundaries, engineer, landscape architect, or other design professional, to distance betveen structures, building dimensiona and include the followinq: floor elevations 7►. General: 2. Grading and drainaga plan ahowinq exieting netural features (topography, vetlands, veqetation, etc.) as well 1. Name and address of project as proposed grade elevations and sedimentation and storm water retention ponda. Calculations for storm vater 2. Legal description (certificate ot survey may be required) detention/retention areas. 7. Name, address, and telephone number of applicant, �. All existing and proposad points ot eqr�ss/ingress engineer, and owner of record showing widtha o! property linas, turninq radii abuttinq rights-ol-vay vith indicated center line, width, paving 4. Date proposed, north arror+, scale, number of sheets, name width, existing and proposed median cuts, and inter- of drawer sections of streets and drivavays 5. Description of intended use oP site, buildings, and 4. Vehicular circulation system sAowing location and structures includinq typa of occupancy and estimated dimensiona for all drivevays, parking apaces, parking lot occupancy load aisles, service roads, loadinq areas, fire lanes, emerqency access (if necessary), public end private 6. Existinq zoninq and land use streets, alleys, sidewalks, bikepaths, direction of 7. Tabulation box indicating: traffic flow, and traffic-control devices 5. Landscapinq Plan (i) Size of parcel in areas of sq. ft. ' 6. Location, access, and screeninq detail of trash (ii) Gross floor area of buildinqs enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface e. Buildinq elevations from all directions (v) Percent of site covered by area 9. Utility plan identitying size and direction of existinq - 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) Height of all buildings and structures and number of stories � COMMISSION APPLICATION REVIEW . � � FILE NUMBER FILE DATE MEETWG OATE FILE DESCRIPTION SP 4�91-06 ��N�F 1� 3/22/91 4/24/91 Yoava Klucsar, allow 2nd accessory FR!DLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MICHELE M. °�'� �� MAR W. I � �y v./ �" ��(%� �i �,L'L�,�?�,,P-� �` I��a�2 i.--, e'/'� l (� JOHN F. ,�,�� c�,� ��- �aRREL C. �, � ,� ,, �- � �.. "� �� r� y 1 �'�LYDE M. � �� -,-� -� �-�� ` Y ��4..�.�+..��„�:�'r�'' � -��#� �.,�� , �� f 1 .�. I�-�EON M. -- . �JIM , , 3-��- BOB A. � �� SP ��91-06 Planning 4/5/91 Yoava Klucsar MAILING LIST Council Yoava Klucsar A.S. Lambesis 1337 Hillcrest Drive N.E. 6249 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Marian Paulson Ronald Nolby 1425 Rice Creek Road N.E. 6253 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Owner/Resident Carolyn Messick 1441 Rice Creek Road N.E. 6257 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Ida Kassow Robert Schmidt 1400 Rice Creek Road N.E. 629] Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Dorothy Miles Mitchell Moe 1370 Rice Creek Road N.E. 6283 Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Reuben Olson Thomas Fuller ]430 Rice Creek Road N.E. 6275 Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Carol Dwyer Brickner Builders 6282 Kerry Lane N.E. 6240 Highway 65 N.E. Fridley, MN 55432 Fridley, MN 55432 Brian Westover Planning Comm. Chair 6274 Ben More Drive N.E. Fridley, MN 55432 City Council Members Walter Jacobson 6266 Ben More Drive N.E. Fridley, MN 55432 Robert Carpenter 6258 Ben More Drive N.E. Fridley, MN 55432 Adib Sissi 6250 Ben More Drive N.E. Fridley, MN 55432 Michael Gorski 6245 Ben More Drive N.E. Fridley, MN 55432 SP ��9]-06 Yoava Klucsar �C. /3 T 30 /� 24 THIS IS a COMPILA I iHEY AVPEAR IN 1 OFFICES AFFECiINC � , iH15 DRAwING IS T� REFERENCE PURPO; TY OF FR/OLEY 'r'S "°'"ESP°' ACCURACIE$ HEl 53. 14 � 41 —�ENTE E�� l � I_J L_J UU �,�J t EI �<--,-�,— ,--So � <, ., ,t ,r. ,,, ,,, „s �II�-_ --„�..--- - �.�'�] lAl: (n) I n�) �e) p,� h) rS) ;rn '*I �`i� nf>i�ii�. � �,'� 1 t��',iy� (0 3 . r� (0 � � Nl r1 O, CI ZI / i � `1 Y ' f�, 4 o..x, , Q� I /7 ,` /� ii 9 � ✓ 3 i" I �j1�1' � : � ��(n „ �v�. : /� n�n� i r. ��h o.ti�.s �i..k.��r✓_r.c ..�.Jrr�6� a �) � �i (q �t) 11 S. x�` l� ° \ J�ris � �1? �5 f ir �. . 1 �. ...E.�i 30' � /B(°��N - ��*�� 4 _ N ~:,a s , F., ,..__=_._, �;;;` ,,, � � �,� s, a ��' '��;�� a0 0�� (�7 �,1 � i�� L �S L6s//l�� y f A: c.1� .r �,:ii� t 2 ` ` /9(ti+) x �a ,w_ t'�re l°�� w o • t ��,a. o.it� cea ` ,a._ /4 /t ,u � � � 2 �k l�,t �. Ov!/s!6 �� '__ � y �z.� °�� /�) , :�..; �:}� �u �,�� +� o `� ' �o ' s� Y ,!I, ,,, ,a� �� -� � ° HARR/S POND I f/�/Yil. 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O ( \ 8,. _ ( . � N ' ,` \ 1 'j '�.�. - f i� i �Q SITE PLAN City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby 9iven ihat there will be a Public Hearing of ihe Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, April 24,1991 at 7:30 p.m.for ihe purpose of: Consideration of a Special Use Permit,SP a 91-06, by Yoava Klucsar, per Section 205.07.O1.C.(1) of ihe Fridley City Code,to allow accessory buildings, other than the first accessory building, over 240 square feet,on Lot 30,Block 2, Irvington Addition, and Lot la, excepf ihe south 390 feet, Auditor's Subdivision No. 22, generally lo- cated at 1l20 Rice Creek Road N.E. Any and all persons desiring to be heard shall be given an opportunity ai ihe above stated time ar�d place. . DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Any questions related to this item may be referred to the Fridley Community Devel- opment DeparTment,571-3450. (Published Fridley Focus April 10, 17, 7991). . . . . . . SUBJECT P E , City of Fridley 19041 � � AT THE TOP OF THE TWINS g U I L D I N G P E R M I T f � � RE � � • � COMMUNITY DEVELOPMENT OIV. � �L__ r � � PROTECTIVE INSPECTION SEC. ��s�Q S^ � � � �"�1 � CITY HALL FRIDLE� 55432 NU.MBER REV. DATE PAGE OF APPqOVED BY �'""�� ,�� 612-571-3450 9t0-F15 6/29/87 � � 108 ADORESS 1420 Rice Creek �°�� N.E. 1 IEGAL LOT NO. BLOCK TRACT OR ADOITION SEE ATTACHED 30 2 Irvington Addition (and� SHEET DESCF. Pt. 14 Aud. S�S Sub. #22 . 2 PROPERTY OWNEfi MAI�AODRESS ZIP PHONE Yoava Klucsar 1337 Hillcrest Drive N.E. 574-9724 3 CONTRACTOR MAI�ADORESS Z�P PHONE UCENSE NO. Same 4 ARCHITECT OR DESIGNEfi MAIL AODRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAIL ADORESS ZIP pHONE LICENSE NO. 6 USE OF BUILDING Residential 7 CLASS OF WORK O NEW � ADDIT�ON ❑ ALTERATION ❑ REPAIR p MOVE ❑ REMOVE 8 DESCRIBE WOfiK Construct a 28' x 11' Addition 9 CHANGEOFUSEFROM TO STIPULATIONS See notations on plans. Install products of combustion fire alaYtns in halls to bedrooms and liasement._ No permit for garage until existing garage is removed. WAR�� Befnr� digg�qg cai( focal uti)iti-s •. SEPARATE PERMITS REQUIRED FOR �ELEPNONE-ELECTRIC-GAS Eff. IrV�RIi�'G, N�ATING, PLUMBING AND ��rR��. REQtJlRED aY�tA'yU SEPARATE PERMITS ARE FEQUIRED fOR E�ECTqICAL,PLUMBING,HEATING, TYPE OF CONST. OCCUPANCY GROUP OCCUPANCV LOAD VENTILATING OR AIF CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZpNING SO.FT. CU.FT. AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR tF CONSTFUCTION OR WORK IS SUSPENDED OR ABANOONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. � NO. DWLG. UNITS OFFSTREET PARKING I HEFEBY CERTIFY THAT I HAVE AEAD ANO EXAMINEO THIS APP�ICATION 1' STA�LS GARAGES AND KNOW THE SAME TO BE TRUE AND CORFECT.ALL PROVISIONS OF�AWS VAlUAT10N SUfiTAX AND ORDINANCES GOVERNING THIS TYPE OF WOFIK WIIL BE COMPLIED $14 4OO 57.2� WITH WHETHEA SPECIFIED HEREIN OA NOT. THE GRANTING OF A PERMIT � OOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE SAC CHARGE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- $110. SO STRUCTION OR TNE PERFORMANCE OF CONSTRUCTION. PLAN CHECKFEE TOTALFEE �, � $ 27.63 $145.33 � SiG rua �FCON�RACTORORA rHOAiZEDnGENi �DaTEi WHEN PROPERI.Y VA� TEO THIS IS VOUR PERMIT � ' - �°�� f to A AEO�O�'NERiI� A U�IDEA� IDATE� ALDCC �NSo 1�IE 3S . � CITY OF FRIDLEY � PLANNING COMMISSION MEETING, APRIL 24, 1991 ��_��_ �� CALL TO ORDER• Chairperson Betzold called the April 24, 199 , Planning Commission meeting to order .at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, De Saba, Sue Sherek, Diane Savage, onnie Modig, Brad Sielaff Members Absent: None Others Present: Barbar Dacy, Community Development Director Mich e McPherson, Planning Assistant Kev'n Meeks, Planning Intern D'ck Larson, Fire Marshall oava Klucsar, 1337 Hillcrest Drive Jim Determan, Determan Welding and Tank Serv. Rick Sutherland, Burlington Northern APPROVAL MARCH 27 1991 PLANNING COMMISSION MINUTES: MOTIO by Ms. Sherek, seconded by Ms. Modig, to approve the March 27, 991, Planning Commission minutes as written. ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED , THE MOTION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �91-06, BY YOAVA KLUCSAR, PER SECTION 205. 07. 01.C. �1) OF THE FRIDLEY CITY CODE TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET ON LOT 30, BLOCK 2 , IRVINGTON ADDITION, AND LOT 14 , EXCEPT THE SOUTH 390 FEET, AUDITOR'S SUBDIVISION NO. 22 , GENERALLY LOCATED AT 1420 RICE CREEK ROAD N.E. MOTION by Mr. Kondrick, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. t r PLANNING COMMISSION MEETING. APRIL 24, 1991 PAGE 2 Ms. McPherson stated this property is located east of Central Avenue and south of Rice Creek Road. The property is zoned R-1, Single Family Dwelling, as are the properties surrounding it. The petitioner is requesting a special use permit to allow a second accessory building over 240 square feet. On April 2, 1991, the Appeals Commission approved a variance to increase the maximum square footage of accessory buildings from 1,400 .square feet to 1,932 square feet, with three stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hard surface driveway by November l, 1991. 3 . Special Use Permit, #91-06, shall be approved. Ms. McPherson stated that located on the property is a single family dwelling and an existing detached garage with a concrete slab for the second accessory building. In 1987, the petitioner applied for a building permit to construct an addition to the rear of the dwelling unit. At that time, the petitioner questioned whether or not he would be permitted to pour a concrete pad for a garage. He was told that a special use permit would be required and a variance would be necessary to meet code requirements. These requirements were indicated on the building permit in 1987. Ms. McPherson stated the property is slightly over one acre in size. The petitioner has located the garage in such a manner so that, if the petitioner decides to split the lot in the future, one garage would exist on one lot and the house and second garage would exist on the other lot. The proposed garage will not adversely impact adjoining property owners, as there is adequate separation between structures. The lot coverage is well within the 25o allowed by Code, Ms. McPherson stated the Engineering Department has requested that one curb cut be maintained and be shared between the two garages so that traffic interruptions are minimized on Rice Creek Road. If the property is to be subdivided in the future, there is a small right-of-way stub that would need to be vacated and the property platted. If the petitioner chooses to use the existing curb cut, a joint driveway easement would need to be executed at the time of platting. Ms. McPherson stated staff is recommending approval as the lot is large enough to accommodate the second accessory building, and the second accessory building will not adversely impact any adjacent property owners. . f PLANNING COMMISSION MEETING APRIL 24 1991 PAGE 3 Mr. Klucsar stated he is trying to fix up the house and property. It is his intention to split the lot in the future and build a new house on the other lot. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:35 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-06, by Yoava Klucsar, per Section 205. 07.01.C. (1) of the Fridley City Code to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14 , except the south 390 feet, Auditor's Subdivision No. 22, generally located at 1420 Rice Creek Road N.E. , with the following stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hard surface driveway by November l, 1991. 3. Special Use Permit, #91-06, shall be approved. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on May 6, 1991. 2 . PUBLIC HEARING: AMENDING CHAPTER 205 OF THE FRIDLEY CI CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205. 04 GENERAL PROVISIONS" AS FOLLOWS: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE S TANKS A. AGFS tanks are ermi d accessor uses in commercial and industrial zon ' districts. All AGFS tanks must meet re uiremen established b the Uniform Fire Code UFC and the innesota Pollution Control A enc MPCA . Permits f m State Fire Marshall and MPCA must be obtaine rior to a lication to the Fire De artment for an i allation ermit. 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, April 24, 1991 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 06, by Yoava Klucsar, per Section 205. 07. 01.C. (1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor's Subdivision No. 22, generally located at 1420 Rice Creek Road 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: April 10, 1991 April 17, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. r � � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : April 24, 1991 FIZIDLEY CITY COUNCIL DATE : May 6, 199 1 AUTHOR MM�dn REQUEST PERMIT NUMBER sP ��91-06 APPLICANT Yoava Klucsar PROPOSED REQUEST To allow a second accessory building over 240 square feet. LOCATJON 1420 Rice Creek Road N.E. SITE DATA SIZE 46,366 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 UTIUTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION Approval RECOMMENDATION 3L � Staff Report SP #91-06, Yoava Klucsar Page 3 interruptions are minimized on Rice Creek Road. Rice Creek Road is a collector street and has about 4,500 average daily trips. If the property is to be subdivided in the future, the right-of-way stub and Lot 30 of the Irvington Addition would need to be vacated and a plat created. If the petitioner chooses to use the existing curb cut, a joint driveway easement would need to be executed at the time of platting. The new lot line could occur where the existing driveway is located. Recommendation Because the lot is one acre in size and large enough to accommodate at least two building sites, granting the special use permit will not create any adverse impacts. The proposed garage will be a logical addition to the property. Staff recommends that the Planning Commission recommend approval of this special use permit request, to allow a second accessory building over 240 square feet. Plannina Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: l. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hardsurface driveway by November 1, 1991. 3 . Special Use Permit, SP #91-06, shall be approved. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 3P � Community Development Department L� PLANNING DIVISION City of Fridley DATE: April 26, 1991 a � � (d TO: William Burns, City Manager�;"� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #91-06, by Yoava Klucsar Attached please find the above referenced staff report. The petitioner is requesting a special use permit to allow construction of a second accessory building over 240 square feet. In addition, the proposed accessory building increases the maximum square footage of accessory buildings to 1,932 square feet, which is over the 1, 400 square feet allowed by code. The Appeals Commission approved a variance to allow this increase in the maximum square footage of accessory buildings at their April 2 , 1991 meeting. The Planning Commission voted unanimously to recommend approval of the request to the City Council with three stipulations: l. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hardsurface driveway by November 1, 1991. 3 . SP #91-06 shall be approved. The above stipulations were placed on the variance approval by the Appeals Commission. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-91-294 FRIDLEY CITY COUNCIL MEETING OF MAY 6 1991 PAGE 3 MOTION by Councilwoman Jorgenson to receive the follow' g bids for Street Improvement Project No. ST 1991 - 10 (Sealc ) : Company Total Bid ernate A Allied Blacktop 10503 89th Ave. N. Maple Grove, MN 55369 $84,41 .38 $11, 319.24 Astech Corporation P. O. Box 1025 St. Cloud, MN 55407 $86,686.21 $15,092. 32 Bituminous Roadways 2825 Cedar Ave. S. Minneapolis, MN 5 07 $88,291. 64 $20,299. 17 Seconded by C ncilman Schneider. Upon a voice vote, all voting aye, Mayor e declared the motion carried unanimously. MOTION y Councilwoman Jorgenson to award the contract for ST 1991 10 (Sealcoating) to the low bidder, Allied Blacktop, in the amo t of $95,732 . 62 . Seconded by Councilman Schneider. Upon a v ice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS- 2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING,- �ECTIONS 205. 03 . 01, 205.03 .23 , 205.03.25, 205. 03 . 26, BY CREATING A NEW SECTION 205.07. 01.B. (4L{fZ, AND RECODIFYING CH�ER 220 OF THE FRIDLEY CITY CODE, ENTITLED "RESIDENTIAL REN�AL PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE" B�} AMENDING SECTION a 220. 13 • �,: Ms. Dacy, Community Development D��ector, stated that this amendment to the Zoning Code is to ermit an accessory apartment within a single family dwelling. ,,: he stated that the other portion of the amendment is to the l�`ensing section which would require a single family home owner;..�:`o receive a license before renting an accessory apartment to �unrelated individual. f Ms. Dacy stated th�,t` the Council conducted a public hearing on April 22, 1991 on,,�his proposed ordinance amendment. She stated, at that time, c rification of the language was requested in regard to an absente owner. She stated it is proposed that an additional sentence b ` added under Section 205. 07. 1.B. (4) (f) (2) which would read as lows: "An absentee owner may rent a one-family dwelling FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 4 containing an accessory unit, but both units must be occupied � a single family. " j Ms. Dacy stated that accessory apartments are also known a other- in-law apartments. She stated that White Bear Lake and innetonka are the only two cities that permit such a use, d they are permitted with a special use permit. Ms. Dacy stated that the Planning Commission r ommended approval of this proposed ordinance amendment and st f concurs with this recommendation. Councilman Fitzpatrick stated that if t 's ordinance amendment was adopted Fridley would be the only burb to license accessory apartments. Councilman Schneider asked if ci 'es other than White Bear Lake and Minnetonka prohibit such a use Ms. Dacy stated that oth cities' ordinances were similar to Fridley's, and they ar also experiencing some enforcement problems. MOTION by Councilman chneider to waive the reading and approve the ordinance upon fir reading. Seconded by Councilwoman Jorgenson. Upon a voice vo , Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee oted in favor of the motion. Councilman Billings and Council Fitzpatrick voted against the motion. Mayor Nee declared t motion failed, as an ordinance amendment requires at least fo affirmative votes. Coun lman Fitzpatrick stated that he does not support the li nsing of accessory apartments in R-1 neighborhoods. He thought t at the mother-in-law situation was taken care of by the fact that relatives are allowed to live in a homeowner's single family home. 3 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 24 , 1991• A. SPECIAL USE PERMIT, SP #91-06, BY YOAVA KLUCSAR, PER SECTION 205. 07. 01.C. (1) OF THE FRIDLEY CITY CODE, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 SQUARE FEET, ON LOT 30, BLOCK 2 , IRVINGTON ADDITION, AND LOT 14 , EXCEPT THE SOUTH 390 FEET, AUDITOR'S SUBDIVISION NO. 22 GENERALLY LOCATED AT 1420 RICE CREEK ROAD N E • Ms. Dacy, Community Development Director, stated that this special use permit is requested in order to allow a second accessory building over 240 square feet. She stated that the Planning . � FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 5 Commission recommended approval of this special use permit with stipulations regarding the curb cut and a hardsurface driveway. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Planning Commission and grant Special Use Permit, SP #91-06, with the following two stipulations: (1) one curb cut shall be maintained from Rice Creek Road; and (2) the petitioner shall provide a hardsurface driveway by November 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. B. SET PUBLIC HEARING FOR MAY 20 1991 TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING " BY AMENDING SEC ON 205.04 "GENERAL PROVISIONS " FOR ABOVE GROUND FUEL S RAGE TANKS• MOTION by Councilman Fitzpatrick to set the public hea 'ng on this ordinance amendment for May 20, 1991. Seconded Councilman Schneider. Upon a voice vote, all voting aye, May Nee declared the motion carried. Councilman Billings was te porarily absent when the vote was taken. MOTION by Councilwoman Jorgenson to receiv the minutes of the Planning Commission meeting of April 24 1991. Seconded by Councilman Schneider. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried. 4. RESCIND RESOLUTION NO. 36-199 AND ADOPT NEW RESOLUTION NO. 36-1991 APPROVING A SUBDIV SION LOT SPLIT L.S. 91-02 TO SPLIT LOTS 1-5 AUDITOR' SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS PARCEL A D PARCEL B GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENU N.E. : Ms. Dacy, Community Develo ent Director, stated that when the Council adopted Resolution o. 36-1991 to approve L.S. #91-02, the legal description for Par els A and B had several dimension errors due to minor changes in he lot line. She stated that the errors have now been correc d, and she recommended that the Council rescind Resolution o. 36-1991 and adopt a new Resolution No. 36-1991. Councilman Billi gs asked if the change was critical if a replat was going to b submitted. Ms. Dacy st ed that the resolution needs to be recorded in order to close the property. She stated that this is abstract property, and she wants to make sure the underlying lot split was absolut y correct with the new plat. . �. , FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1991 PAGE 6 ; MOTION by Councilman Billings to rescind Resolution No. 36�1991 adopted April 22, 1991. Seconded by Councilman Schneider.� Upon a voice vote, all voting aye, Mayor Nee declared the motio�carried unanimously. ;� MOTION by Councilman Billings to adopt new Resolution,dNo. 36-1991. Seconded by Councilman Schneider. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanim/�4sly. 5. APPROVE TWO-YEAR CURBSIDE RECYCLING CONTRA � BETWEEN THE CITY OF FRIDLEY AND SUPER CYCLE, INC. : � . Ms. Dacy, Community Development Director, st ted that Super Cycle, Inc. is proposing a shift from a per ton pa ent to a per household service payment. She stated that this � ayment structure could reduce 1991 contract costs by about $30,000 for the remainder of 1991 and by $40,000 for January, 1992 through April, 1993 . She stated that containers were dis ibuted in February and participation in the recycling progr was up 25 percent in March. Ms. Dacy stated that a two-year c ntract is proposed retroactive to April, 1991 with a per house old payment of 95 cents for the remaining nine months of 1991 d $1. 00 per household in 1992, a 90 day notice and no profit s aring. She stated that under the current per ton payment, the contract costs for April 1, 1991 to April 1, 1992 would be $262, 00, and the costs for the same period under Super Cycle's per ho ehold proposal would be $188,420. Ms. Dacy stated that ther are some minor changes to be made to the contract on Page 5S to add the words "per month" at the end of sentences A and B and nder B to correct the dates to read from April 1, 1992 to Marc 31, 1993 . MOTION by Councilm Fitzpatrick to authorize the Mayor and City Manager to enter i to this two-year contract with Super Cycle for curbside recyclin . Seconded by Councilwoman Jorgenson. Councilwoman J genson asked if the costs covered under this contract woul be paid out of the solid waste abatement fee the City recently put into effect. Ms. Dacy a wered in the affirmative and stated that there would not be any additional costs to the residents. Councilm n Schneider asked if staff was comfortable that this rate was com etitive. Ms. D y stated that when bids were received the cost per household from he larger contractors would have been $2 .25. She felt that _ _ C��F FR!DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 8, 1991 Yoava Klucsar 1337 Hillcrest Drive Pd.E. Fridley, MN 55432 Dear Mr. Klucsar: On May 6, 1991 the Fridley City Council officially approved your request for a special use permit, SP #91-06, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2 , Irvington Addition, and Lot 14, except the south 390 feet, Auditor' s Subdivision No. 22 , generally located at 1420 Rice Creek Road N.E. , with the following stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hardsurface driveway by November l, 1991. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si�rcerely, _.-,.. _ �.. . t�'�� Barbara Dacy Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 22 , 1991. r ,j � /r^ {`-7:'Z. < C/ ��, [.._f!_�, G2.,�: C�� Concur with action taken � � � ) / � e • �3�7153 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a special use permit, SP ��9 ]-06 SPECIAL USE PERMIT Yoava Klucsar , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 6th day of May , 1921—_, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the folloWing described property: To allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor`s Subdivision No. 22, generally locatd at 1420 Rice Creek Road N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Two stipulations as approved on May 6, 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 xhole thereof. IN TESTIMONY WHEREOF, I have hereunto subseribed my hand at xhe City of Fridley, Minnesota, in the County of Anoka on the /�f�� day of c�.�..��Z.-� , 19 � • DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, 1�1 55432 . f�� wc�. SHIRLEY A. AAPALA, CITY CLERK � 'yr,�.. � . :(SEAL�) � �:�� °p � � �a�r��i � , - . , � �_ -�. , �. ,. �_. o'�'� +t�� 1,�� ,.� T '`y .. �, ��, �,�:.��.�i•. .. � „ ....f': . �� , . . . . . FRIDLEY CITY COUNCIL MEETING OF MAY 6 1991 PAGE 4 � containing an accessory unit, but both units must e occupied by a single family. " Ms. Dacy stated that accessory apartments are so known as mother- in-law apartments. She stated that White Be r Lake and Minnetonka are the only two cities that permit su a use, and they are permitted with a special use permit. Ms. Dacy stated that the Planning Co ission recommended approval of this proposed ordinance amendme and staff concurs with this recommendation. Councilman Fitzpatrick stated t at if this ordinance amendment was adopted Fridley would be th only suburb to license accessory apartments. Councilman Schneider aske if cities other than White Bear Lake and Minnetonka prohibit suc a use. Ms. Dacy stated th other cities' ordinances were similar to Fridley's, and t y are also experiencing some enforcement problems. MOTION by Counc' lman Schneider to waive the reading and approve the ` ordinance upo first reading. Seconded by Councilwoman Jorgenson. Upon a voic vote, Councilman Schneider, Councilwoman Jorgenson, and Mayor ee voted in favor of the motion. Councilman Billings and Counc' lman Fitzpatrick voted against the motion. Mayor Nee declare the motion failed, as an ordinance amendment requires at least ur affirmative votes. Coun ilman Fitzpatrick stated that he does not support the li nsing of accessory apartments in R-1 neighborhoods. He thought t t the mother-in-law situation was taken care of by the fact that elatives are allow�d to live in a homeawner's single family home. 3 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 24 , 1991• A. SPECIAL USE PERMIT, SP #91-06, BY YOAVA KLUCSAR, PER SECTION 205. 07. O1.C. (1� OF THE FRIDLEY CITY CODE, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 S4UARE FEET, ON LOT 30, BLOCK 2 , IRVINGTON ADDITION, AND LOT 14 EXCEPT THE SOUTH 390 FEET AUDITOR'S SUBDIVISION NO. 22 GENERALLY LOCATED AT 1420 RICE CREEK ROAD N E • Ms. Dacy, Community Development Director, stated that this special use permit is requested in order to allow a second accessory building over 240 square feet. She stated that the Planning . > � . � FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 5 Commission recommended approval of this special use permit with stipulations regarding the curb cut and a hardsurface driveway. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Planning Commission and grant Special Use Permit, SP #91-06, with the following two stipulations: (1) one curb cut shall be maintained from Rice Creek Road; and (2) the petitioner shall provide a hardsurface driveway by November 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. B. SET PUBLIC HEARING FOR MAY 2Q 1991 TO AMEND CHAPTER 05 OF THE FRIDLEY CITY CODE ENTITLED "ZONING " BY AMENDIN SECTION 205. 04 "GENERAL PROVISIONS " FOR ABOVE GROUND FU STORAGE TANKS• MOTION by Councilman Fitzpatrick to set the publi earing on this ordinance amendment for May 20, 1991. Secon ed by Councilman Schneider. Upon a voice vote, all voting aye Mayor Nee declared the motion carried. Councilman Billings w temporarily absent when the vote was taken. � MOTION by Councilwoman Jorgenson to r eive the minutes of the Planning Commission meeting of Apr' 24, 1991. Seconded by Councilman Schneider. Upon a voice v te, all voting aye, Mayor Nee declared the motion carried. 4. RESCIND RESOLUTION NO. 3 -1991 AND ADOPT NEW RESOLUTION NO. 36-1991 APPROVING A BDIVISION LOT SPLIT L.S. 91-02 TO SPLIT LOTS 1-5 AU TOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS PAR L A AND PARCEL B GENERALLY LOCATED AT 5201 - 5275 CENTRAL VENUE N.E. : Ms. Dacy, Community velopment Director, stated that when the Council adopted Reso tion No. 3�i-1991 to approve L.S. #91-02 , the legal description f r Parcels A and B had several dimension errors due to minor chan s in the lot line. She stated that the errors have now been rrected, and she recommended that the Council rescind Resol ion No. 36-1991 and adopt a new Resolution No. 36-1991. Councilman illings asked if the change was critical if a replat was going to be submitted. Ms. Da stated that the resolution needs to be recorded in order to c se on the property. She stated that this is abstract prop rty, and she wants to make sure the underlying lot split was ab lutely correct with the new plat.