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SP89-07 CITY OF FRIDLEY -� 8431 UNIVERSITY AV�I.E. _ FRIDLEY� MN ss432 SPECIAL �E PERMI (612)571-3450 � SPECIAL USE PERMIT FEE � . �� RECE IFr # SQi F�XJLID PLANNING Q�NlMISS ION MEETING LIATE: � SQ3IDULID CITY d0U1�TCII, MEETING DATE: _ PROPERTY INFORMATION PROPERTY ADI�tESS �� v �� • � � _ LEGAL DESCRIFrION: LOT � B�I4CK �_ ZRAP,CT/ADDIT ION �D ti � Ui� PRESFNT ZONING A(REFGE _� SPECIAL USE PERMIT BEING APPLIED EOR: � ��-� — 13 c � /� - �t C� �' v� /�- � / !/'�` �-' �N�� C f Ss o l� �o . SECT ION OF TH E Q7DE: J t r � � � ��''� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � FEE WNER INFORMATION NAME Gl L� � /��'J< PHONE � �S ADI�tF�S � �h `��f, /�� ,. — SIGNA7.URE DATE 7 / � Nit�ite** *�*t**�k **S**' ** *r� �u�a�rS�E�E �t°�ilP�irl�r*°dt �icr��FS� PETITIONER INFORMATION NAN� GI GI h �� / � �/1� �, PHONE � .� ADL�tESS � � T�" � .�, ��'{ �, SIGNAZURE , DATE y �� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � PLANNING OOMNIISSION: APPROVID DII�TIED DATE QTY Q'XJN�CIL: APPRQiTID DII�IIED DATE STIHJLATIONS: , i 00 � oa �n G � ' �'� "� b w . . v a� � 3 � a� � � � o � r-+ ,--� •� ,n •,� ^ o 0 N U 4a ��+ 1� 'N � N G � �+ O '�-I O 4J O '—I QO rl R) W � a o � � � 3 � a�i .� .� • � •a � ro o •,� ,� 3 � va o ro � ° m �n ovo o q � •�+ •� u �d G a� cd u o •.� � �i •• �' o .-+ o •� G � •� �n u � a•.� a �o •,� a� ,..� �n • � a' b �b o03 � v a � •� � o � ,-�i v� � •� � � a� v � N • � ,� a � � r' 3 o N ao �.-+ q s� p •� - o w v •� co y .� o D, •� � ^ .0 O tn G' 'L7 � •ri r1 O O ,., 'n � � �n G ,-� ��o O � U ^ � N N '� o � � o `� � b p' a°�i v� �c �.'�u � N � � �c � •.� •,v.� p �+ a� _ � � � � � a� b c� a .0 .. v o ..a �+ a� o i a q � cd .-+ N � •� H cv a..� •.� R1 ^ N u td OJ c0 � � O � v�i �,00 cadr° •� .� aoa�i • r'' � � r0 ,,, � .0 U �y � H � u v� oo �-+ 2^f, " , �y S"� � � V � •� � � � � W � � aa � � o • � �� - a o � +'rtt .� ,q� •� o •� �a a � �+ � •,� �v �s a= p u s� o� ,� b u o0 o u � o -� v a v a� �+ � •� a G a� �+ -- �t!� ;� N vai b '� � c�v ° � � � � •° oo .,.�� a' � 'LS UI �•,�i N 'b cU m p ^ ctl N v' a� �n a1 � td m q G O 'b � .1.r U 'b ,C = ��-I U) N O R3 •.-� n) � N •.a N �+-i � � r-1 u N �-+ a u-� a a w b w b �s ,� � '� � rj o o �n o a • o a� � 3 ^ � � � s� a� �+ o u m G �+ � s� e� va o G a•�+ o +.� � .-+ o o �n a N ,� o0 • O L� v Sa •rl v F+ � � .� .. � � � �i •rl d0 O f+' N � 1.) � 3-� ^ m u1 b0'C � � U ',� O � ,0 U � O G G � S vl •rl 3-� •ri N � 4 t� TJ � O •ri (C ?i � � � ''a 3 b cv t� � b �C ca G � �E ,� •� � o a� G cd q a� q o c� � �+ o v Q�+ � � ,� •rl t� v� �U �-+ •�-i u - w cV ,� N � � r,,� � 'j '� m m •� b��0•�-�i TJ = •� 't7 v� � � N � �ai �J [." r-I � U N ^ rl � r--I ^ tn r-� GJ •� O U �" 3-� ctf r-� N '� N r-+ ^ GJ m •,a G aJ D � o .--� ,-� �+ a'-+ �+ o m oo m •� � � � � ' � u-+ c,w a � m � �c a o a'�i v a � c�i w ¢-�+ .-a v v •� � b �+ b r+ •� a� � U � � �o a� v a� .0 �n �i� a� a .o �+ b a •.-I ,—� N � �n N N � ,� 1-i •�-i o '-+ v, �d N � � i-+ cU 3-� cC •rl N S-+ � cd 'C1 •� bD O •rl S-+ � � � N U .0 U '�C •r-I R1 U C�.. C1 N r-1 � CJ 3-� � � O � � �n E-� �n a� cn .n oo �n co g � f� aa P+ m � -x 3c -t: ic -sc -tc � � � N M ��` . �s" 5' o��r� � unuN�s��vr --------�---_-------------------------------- - - � -- �� i � >�� LEGAL: — L0 7, BLOCK 4, BONNY ADDI�ION A/�L� �� GARc,G� + , T�",' � � � �Ci � � CORNER EZEV. 2' Af�O tiE GRADE 40' 1?'-6� n �, 5'-0 �--1G"—E° 24� CONC. 4" CO-NCI�.FTF_ � DRl�EWA Y 0 i �., � � ��, , � � � . 10,—U' 75' � • City of fridley PUBLIC FIEARING BEFORE THE PLANNING COMMISSION Notice is hereby given ihat ihere will be a Public Hearing of ihe Fridley Planning Commission at ihe COMMUNITY EDUCATION CEN- TER, 6085 — 71h STREET N.E. on Wednesday,May lI,1q89 at 7:30 p.m. for ihe purpose of: Consideration of a Special Use Permit, SP #89-07, by Paut J. Hengel, per Section 205.07.O1.C.(1) of ihe Fridley City Code,to allow a second accessory building on Lot 7, � Block d, Bonny qddition,ihe same � being 5932-61h Sireet N.E. Any and all person desiring to be heard shall be given an opportunity at ihe above stated Time and place.� DONALDBETZOLD CHAIRMAN PLANNING COMMISSION Any questions related to ihis item may be reterred to ihe Fridley Com- munity DevelopmenT Department, 571-3450. (Published in Fridley Focus May 3 8 10,1989.) � � 2C PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #89- 07, by Paul J. Hengel, per Section 205. 07 . O1.C. (1) of the Fridley City Code, to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th 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: May 3, 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP ��89-07 , ul Hengel 9NN � N �/2 SEC. 23, T. 30, R. 24 � C/TY OF FR/OL EY ( 21 � 17 - �,J � � N//�CONNEN '� - I � 5(C.� „ ;--- :; �------- = y.,. - - - j� ".L__`: o lF w� =�'3o�',II•,�l ry ��' .i u•:L Y ^af3•u • i z9l 2 S• �.zsi t � -s3� �2__ `!'�// /y� ..j.6 i�i. i � !B d. ' 3 � Il iia18 i 'f 3 ,1'C�29 j N,, 29 2 29 Z � � i - :n> 27 1 �i?] f i '.l4'z� f � ? `�P/G Z�yl ;�Z�/s ;: IB 3 6 3 � pB j . = L i7 _ �G� "S " : � < < .,� S r� 21 4 z7 p � �..A.� 2S 6i � 25n` �,f � S �`.r'9 .k .j�S� .��d�ll ��,'l : Ii 26 ._ 24 F�� Z 2e �P�� _ :'�2� �� .:. 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' s�. � , � 9 ' � LAND SURVEY ` �•Z ( .. .�. np �sl; g� ' ' ��;, � ••i �° � i" �i 1"� ix ., .. :` e� o HELE1� �'1�" ?a�� z 3 s y v .z �z 31� s i�n�ii' .s�.rv � ��1' -- � / .I, � �_ � �� ,� � �J ,'No a� ap •q' x i _ _ ?I -��,`} -#VfNklE--i�FE---Y°tii`.a'---- — ; Y y � � i i �� —�I—� �� ('��NT N 5 C. 3 I 24 i 3 13 �- LOCATION MAP . � 2D Planning 4/24/89 SP ��89-07 Paul Hengel MAILING LIST Council Paul Hengel Jerry Higgins Allen Lexcen 5932 - 6th Street N.E. 5924 - 7th Street N.E. 5908 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Agnes Heath Victor Arnoldy Alvin Roesler 5956 - 6th Street N.E. 5925 - 6th Street N.E. 5900 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gerald Drangeid Theodore Stodolka Robert Radoush 5948 - 6th Street N.E. 5933 - 6th Street N.E. 5901 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Douglas Holm Peter Rocque Randall Nielsen 5940 - 6th Street N.E. 5941 - 6th Street N.E. 5909 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Rodney Vick�rman Darrell Erickson Ernest Walters 5924 - 6th Street N.E. 5949 - 6th Street N.E. 5917 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Daniel Ashlin Thomas Carter City Council Members 5925 - Sth Street N.E. 5957 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Planning Commission Chair Peter Krochalk Richard Johnson 5933 - 5th Street N.E. 5940 - 5th Street N.E. Fridley, MN 55432 Fridley, I�iN 55432 William Perkins Lawrence Peka 5941 - Sth Street N.E. 5932 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Wallace Youngquist Frank Sharpe 5949 - 5th Street N.E. 5924 - 5th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Vernon Nygaard Douglas Haugland 5957 - 5th Street N.E. 5916 - 7th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Raymond Johnson Fred Presher 5948 - 7th Street N.E. 5909 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Harry Larson Elmer Pless 5940 - 7th Street N.E. 5917 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 Roland Hardel John Gritti 5932 - 7th Street N.E. 5916 - 6th Street N.E. Fridley, MN 55432 Fridley, MN 55432 � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP ��89-07 ��N�F 17 4/ ]0/89 5/ 17/89 Pau1 Hengel, Allow second accessory FRIDLEY buildin at 5932 - 6th Street NE COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MIC ELE M. . �ru�W�- � �- ��./�.��► MARK . � � � t�w �J �� v�,� � �t,►� �c rt�.�.- . JOHN F. �� wk�� '�4 �/ ,��r,s �,� .l r�� J f ��.� .��: �ARREL C. �,�,� ✓�� °� , 2 ��.c�i..e, . ��i�Y/1 N.-2G�t.d.� �'�' Q,��.,��- �� a LYDE M. J�� `�' 1;,��. �� - � �LEON M. s� % JIM H. �, \7 BOB A. 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C7 4 T �� ;Y:�::� '�:� .;�,��-�.�.t:i:�:rl:i.� . �i.�.�.�.� - ��\��I-�:V:�. , ��.�� .�� • :�i� �r�� :j:"�'�"}:"�: i�rc� ��:^�.i .i.•. � � • � �� j:r.r.�:,�,:�:,..:L�c�:::L::�:;v::.::`;::.::';l;i:• ° :v� •—�-' �' � LA •..... ..�.. ..... .�.,. .•;.i •,•��: ;'�.;�;Q;;�' H/L_) , K P ':,-,:U:,:::�-�:.... • , ADOP o�ti,_ .........:...,.. ��:t):'_i:�: � .•,•,•;�,;;•• � ` �• .}':L�: :=:..j,;.'%• T •.,� � ').ti''' .��, �, . � ERSTATE � , ---- ! HIGHWAY N0. 594 - _� � i se ' �JU,�, f � —�--. . __ __ _ �_--�7�_A T � � � ,�,o , , , � - -E i i � -z CH � � � � . � 4 z � LANE ��. '� . �- �• : •� � z� _ c � � � , . � - e � . tv • - � - , * B�'r,� •i C': � . �- �_ ��E ..:1 � - r ��-.• , � • - par� -�. -, „ _�— � r � . , O Y / 55 N 1VENUE• N_E. Zf 13 Iz �� ` r „ 4 Z i - � � � �� }/ � ' �-- � • - - .n' q � 7`�f �4 7 1 1 �"'+ �' _ _ -r � � 7 _ L'1. / � . . • . . ,� �- '- � r ZONING MAP � • � ��89-07 ul Hengel �� C� 'S' s'oR,vNnc£�unu�r�sn+�vr --�-------�----------------------------- ,� -� ' LEGAL: — L � ? BLOCK 4, DONNY ADDlI10N �/,�,�✓ GA�"�`' b � CORNfR EV 1'4l10 CRADE s0' l3'-6' . �, s'-n' J6'-6' ?4� i CC�VC. �' . � CANCRI7E DRIVfWAY v p p� N � r L.� 1� 3 � 10'-0" 75' , S ITE PLA N . � C.,' �s" s'oFaNnc£e�un�n�ns�+�vr --------- ----------------------------------- �---- � � I'i=( . �� ,� , , � ~ LEGAL: — LOI ? BLOCK 4, DONNY ADD1110N �/f.�.� GA�"�`' � - • ��. , � , ; ^ b r'bi CORNER£lEV 2'4DOVE CR�Df 40' 13'-6' !'-(.� �. 5�-�� E'-c' 24' � cnNc. +' , � con�cRrrr DRII�£WAY 0 � � `� cn 3 � 10'-U" 2�� /� i� �� _ 75 t � , • � �' PLANNING COMMISSION MEETING, MAY 17, 1989 - PAGE 3 MOTION by Mr. Kondrick, seconded by Mr. Saba, to close t public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZO DECLARED THE POBLIC HEARING CLOSED AT 7:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Shere , to recommend to City Council approval of Preliminary Plat, P. . #89-01, Sullivan's Overlook, being a replat of that part f Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnes a, lying southeasterly of the following described line: Co encing at the Northeast corner of said Lot 8; thence westerly along the North line, 255 feet; thence southwesterly 62 degr s 14 minutes 40 seconds, deflecting to the left, to the Sout line of said Lot 8 and there terminating. Together with th part of Lot 9, Auditor's Subdivision No. 25, Anoka County, innesota, lying northerly of the � following described line: Co encing at the Northeast corner of said Lot 9; thence south al g the East line of said Lot 9, a distance of 49.4 feet to t e actual point of beginning; thence deflect to the right in a rthwesterly direction, along a line to its point of intersectio with the North line of said Lot 9, said point being 335.8 feet est of the Northeast corner of said Lot 9 and there terminating generally located at 1161 Regis Lane N.E. , with the following o stipulations: 1. There all be no grading below the 952 foot contour on the n theast corner of Lot 2. 2 . Th access to Lot 2 shall be toward the westerly side of t e lot and shall be hardsurfaced. IIPON A V CE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION ARRIED IINANIMOIISLY. Ms. cy stated at their June 5th meeting, the City Council will pr ably establish a public hearing date of June 19th for the final at. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT_�_ SP #89-07 . BY PAUL J. HENGEL: Per Section 205.07.O1.C(1) of the Fridley City Code to allow a second accessory building on Lot 7, Block 4, Bonny Addition, � the same being 5932 - 6th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARING OPEN AT 7:46 P.M. � . • . PLANNING COMMISSION MEETING, MAY 17, 1989 - PAGE 4 `� Ms. McPherson stated the property is zoned R-1, Residential Dwelling District. Because the petitioner wishes to construct an accessory building over 240 sq. ft. , he must request a special use permit. She stated that in addition to the attached single car garage, there is a 10 ft. x l0 ft. or 12 ft. x 12 ft. metal storage building in the rear yard. Ms. McPherson stated construction of the accessory building will include removing three mature trees, one of which is an oak tree. Ms. McPherson stated staff is recommending the driveway be joined to the neighbor's driveway to the south so there is not a 1-2 ft. area in which to try to maintain grass. Ms. McPherson stated staff is recommending the Planning Commission recommend approval with the following stipulations: 1. The access to the accessory building shall be hardsurfaced and shall join the neighbor's driveway to the south. The access shall be hardsurfaced by September 1, 1989. 2. The accessory building shall be architecturally compatible with the existing house. Mr. Barna asked if the neighbor's driveway is at zero lot line. For example, if the neighbor's driveway is 2 ft. from the lot line, then they cannot ask the petitioner to hardsurface 2 ft. of the neighbor's property. Ms. McPherson stated that visually it appeared that the neighbor's driveway is at zero lot line, but it would probably have to be surveyed. Mr. Barna stated he would be more comfortable with saying the driveway should be built to the zero lot line. Mr. Betzold agreed and stated there might even be some easement problems associated with using a common driveway. Ms. McPherson stated there is a 5 ft. drainage/utility easement which the petitioner is definitely honoring. He has plans to build the garage 6 ft. from the rear line and he does have the 3 ft. side yard setback. Ms. Pam Hengel stated she is representing her son, Paul Hengel. She stated having the driveway hardsurfaced by Sept. 1, 1989, (stipulation #1) will be difficult financially. She stated there are quite a few trees that will have to be removed and that will be costly. The new garage at this time will only be used for the M l • • • PLANNING COMMISSION MEETING, MAY 17 . 1989 - PAGE 5 storage of a boat, and they would like to have the hardsurface requirement postponed until next year. The Commissioners had no problem with Ms. Hengel 's request and agreed to extend the hardsurface stipulation from Sept. 1, 1989, to June 1, 1990. Mr. Betzold suggested that if the petitioner does not know where the lot line is in relation to the new driveway that he have the property surveyed. Ms. Dacy stated that because the Code provides that driveways must be located 3 ft. from the lot line, the petitioner must have permission from the adjacent neighbor to put the driveway at zero lot line. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED DNANIMOIISLY. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #89-07, by Paul J. Hengel, per Section 205.07.O1.C(1) of the Fridley City Code to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. , with the following two stipulations: l. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2 . The accessory building shall be architecturally compatible with the existing house. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 3 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL E PERMIT SP #89-08 , BY KEITH'S AUTO BODY: Per Section 205. 17. O1.C. (9) of the Fri y City Code, to allow � a repair garage on that part of th ast 46 acres of the West 1/2 of the Northwest 1/4 of tion 12, T-30, R-24, Anoka County, Minnesota, describ as follows: Commencing at a point on the West line said East 46 acre tract distant 623 .5 feet South of t Northwest corner of said East 46 acre tract; thence Sout along the West line of said East 46 acre tract 161.63 fe ; thence East parallel with the North line of said East 6 acre tract 538.98 feet, more or less, to the Westerly 'ght-of-way line of State Highway No. 65; thence • � � � PLANNING COMMISSION MEETING, MAY 17, 1989 - PAGE 6 ' Northerly along said Westerly right-of-way line 161.63 feet�� more or less, to the intersection of a line drawn from tMe point of beginning and parallel with the North line of s id East 46 acre tract; thence West parallel with the said Nq�rth line 538.73 feet, more or less, to the point of beginning the same being 7570 Highway 65 N.E. MOTION by Ms. Sherek, seconded by Mr. Saba, to waive the eading of the public hearing notice and open the public hearing IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD D CLARED THE MOTION CARRIED IINANIMOOSLY. Ms. Dacy stated this property is zoned M-1, Light ndustrial. To the north and west is M-1 zoning (Lampert Lumber) , to the south is R-4 (mobile home park) , to the east across Highw 65 is a mixture of C-3, Commercial, and M-1 zoning. Ms. Dacy stated this property has an exten ive building permit file. There are a number of code compliance issues that staff has been trying to work on with the prope y owner. Also, the ownership issue plays a role in this case in that the property has changed ownership on a number of occasi s in the last six years. In fact, there have been repair operat'ons in the second building toward the rear of site since 19 , and the file contains correspondence from City staff to pr perty owners at that time to make them apply for a special use ermit for a repair garage as required by the M-1 district. Ms. Dacy stated Keith Poppenhage , the petitioner, of Keith's Auto Body, was unaware of the speci 1 use permit application process. Upon coming to the office for routine visit, staff discussed with him the necessity of havin a special use permit. Staff also contacted the owner of th property who is represented at the meeting. Ms. Dacy stated the main issue with this property is the number of code compliance issues hat need to be conducted on the site: 1. There are n paved or hard surface areas between the two buildings n site. � 2 . There a a number of piles of junk and debris, not necessa ily related to the repair operation. 3. Ther are setback issues. 4 . Th e is pavement in front of the building all the way u to the lot line on the sides and to the front. - ' � � 9JJ _ � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : rtay 17, 1989 FRlDLEY CITY COl�1CIL DATE : June 5, 1989 AUTHOR �/dn REQUEST PERMIT NUMBER sP ��s9-o� APPLICANT Paul xengel PROPOSED REQUEST To construct a 30` x 26' third accessory building LOCATION 5932 - 6th Street N.E. SITE DATA $�ZE 30' x 26' ; 780 square feet DENSITY N/A PRESENT ZONING R-1 , Single Family Dwel ling ADJACENT LAND USES R-1 , Single Family Dwelling on all sides & ZONING ��E$ On site already PARK DEDICATION N/A ANALYSIS FINANCIAL IMPLICATIONS rt/A CONFORMANCE TO Yes COMPREHENSNE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL rr/a CONSIDERATIONS STAFF RECOMMENDATION t�pproval with stipulations APPEALS RECOMMENDATION rr/a PLANNING COMMISSION Approval with stipulations RECOMMENDATION � � � 9KK1 Staff Report Paul Hengel, SP #89-07 Page 2 REQUEST The petitioner, Paul Hengel, is proposing to construct a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. Upon conducting a site visit, staff discovered that a metal storage shed already existed on the site, therefore, this will be a third accessory building. The property is zoned R-1, Single Family Dwelling. The R-1 district requires a special use permit for accessory buildings over 240 square feet. SITE The site is located west of Fridley High School in an R-1, Single Family Dwelling district. The lot, at 10,251 square feet, meets the code requirement for minimum lot size. A five foot drainage and utility easement runs parallel to the rear lot line. ANALYSIS The proposed accessory building would be constructed in the southwest corner of the lot. Construction would include the removal of one 14 inch diameter Oak tree and two 30 foot spruce trees. In addition to the proposed 30 ' x 26 ' accessory building, and existing storage shed, there is a 13 ' -6" x 22 ' private garage on the site. The total square footage of all three accessory buildings would total 1,221, well within the zoning code limit of 1,400 square feet. The total square footage of all buildings on the parcel is below the 25% maximum lot coverage. The petitioner is aware that the building must not encroach into the drainage easement nor the three foot side yard setback. The access to the accessory building should be hardsurfaced and staff is recommending that it be joined to the neighbor's driveway to the south. This will eliminate the need to maintain a green area in the small space between the two driveways. The zoning code limits the height of the building to 14 feet and staff is recommending that it be architecturally compatible with the existing house. RECOMMENDATION Staff is recommending that the Planning Commission recommend approval of the request, SP #89-07 by Paul Hengel, to construct a third accessory building with the following stipulations: l. The access to the accessory building shall be hardsurfaced and shall join the neighbor's driveway to the south. The access shall be hardsurfaced by September 1, 1989. 2 . The accessory building shall be architecturally compatible with the existing house. - ' � � 9LL Staff Report Paul Hengel, SP #89-07 Page 3 PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the special use permit request, SP #89-07, by Paul Hengel, with the stipulations as amended: 1. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2 . The accessory building shall be architecturally compatible with the existing house. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the special use permit request, SP #8g-07, by Paul Hengel, for a second accessory building with the stipulations as amended. �� COl1/iMUNITY DEVELOPMENT � DEPARTMENT ci�r oF F�D{-� MEMOR.AN DUM , DATE: May 24 , 1989 � /a• ��, TO: Willian� Burns, ��.ty Manager�' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #89-07, Paul Hengel Attached is the staff report for the special use permit request, SP #89-07, by Paul Hengel, to allow a second accessory building. The Planning Commission unanimously recommended approval with the following stipulations: 1. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2 . The accessory building shall be architecturally compatible with the existing house. Staff recommends that the City Council approve the special use permit request, ,SP #89-07, with the stipulations as stated. MM/dn M-89-259 ! �' FRIDL$Y CITY COQNCIL MEETINa OF JIINB 5. 1989 PAGB 13 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, SAV #89-02, TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1. 2, 28 AND 29. BLOCK 2 COMMERCE PARK THE SAME BEING 250 OSBORNE ROAD N.E. . BY JEROME FARRELL• MOTION by Councilman Billings to waive the readinq and approve the ordinance upon first reading. Seconded by Councilm n Schneider. Upon a voice vote, all voting aye, Mayor Nee decla ed the motion carried unanimously. 7. CON IDERATION OF EXTENSION OF A SPECIAL U PERMIT TO AL W ARK CONSTRUCTION TO RES OCK CRUSHIN ACTIVITIES: MOTION by Councilman Billings to approve th extension of Special Use Permit, SP #82-12, to allow a rock cru ing operation at 7900 Beech Street with the following stipulat' ns: 1. Special Use Permit, SP #82-12 is e tended for a period of two years. Re-evaluation of the perna't is to be scheduled for the first regular meeting of the ity Council in May, 1991, providing there has been one c shing operation at that time. 2. The City be allowed to dump heir waste concrete material at this site in City trucks a no cost. 3. Park Construction will t e the necessary steps to ensure the City and State noise, d t, and environmental limits are not exceeded. 4. The rock crusher ge rators and stockpiles shall be located as far north and ea t on the property as possible. 5. The same standard regarding runoff shall be applied to this site as applied ' the Rice Creek Watershed area. Seconded by Council an Schneider. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. 8. ORDINANCE NO 924 APPROVING A VACATION SAV 89-01 TO VACAT 0 OOT R AD EASEMENT LOCATED ALONG THE EAST PROPERT LIN OF LOT 3 CK 2 EAST RANCH ESTATES SECOND ADDITION EXCEPT THE EAST 2 0 FEET THEREOF GENERALLY LOCATED SOUTHWEST OF 781 UNIVERSI AVENUE N.E. BY WBDH REALTY COMPANY: MOTION by uncilman Billings to waive the reading and adopt Ordinance o. 924 on second reading and order publication. Seconded b Councilman Fitzpatrick. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. 9. R EIVI G THE MINUTES OF THE PLANNING COMMISSION MEETING O Y 7 1989• . � I . � FRIDLBY CIT COIINCIL MEETINa OF J 5 1 PAG$ 1 A. C NSIDERA ION O PRELIMIN PLAT P.S. 89-01 SULL VAN' OVERLOOK BEING A REPLAT PROPERTY GENERALLY LOCATED AT 116 REGIS LANE N.E. BY SULLIVAN: MOTION by Council Schneider to set the public hearing on this preliminary for June 19, 1989. Seconded by Councilwoman Jorgenso Upon a voice vote, all voting aye, Mayor Nee declared the tion carried unanimously. B. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-07, TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 7 BLOCK 4 BONNY ADDITION THE SAME BEING 5932 6TH STREET N.E. BY PAUL HENGEL• Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a second accessory building. She stated the Planning Commission recommended approval with two stipulations which she outlined. Ms. Dacy stated staff's recommendation was that the access to the accessory building join the neighbor's driveway to the south and be hard-surfaced by September 1, 1989. She stated this stipulation was amended by the Planning Commission that the access to the accessory building be placed at the zero lot line and be hard-surfaced by June 1, 1990. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 07, to allow a second accessory building, with the following stipulations: 1. The access to the accessory buildinq shall be hard-surfaced and be placed at the zero lot line. The access shall be hard- surfaced by June 1, 1990. 2. The accessory building shall be architecturally compatible with the existing house. Seconded by Councilman Fitzpatrick. Councilman Billings felt he did not want to place a stipulation that the access be placed at the zero lot line or join the neighbor's driveway and, therefore, offered the followinq amendment: MOTION by Councilman Billings to amend stipulations No: 1 as follows: l. The access to the accessory building shall be hard-surfaced by June 1, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 1 . - FRIDL$Y CITY COIINCIL MEETING OF JIINB 5. 1989 PAGB 15 UPON A VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of May 17, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVING THE MINUTES OF THE APPEALS COMMISSION MEETING OF MA�Y 9. 1989: A. CONSIDERATION OF A VARIANCE. VAR #89-06. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 7 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 12 BLOCK 5 BROOKVIEW TERRACE TH S BEING 670 UINCY STREET N.E. BY GEORG AND LINDA CO TRO • Ms. Dacy, Planning Coordinator, stated the petitioner is equesting this variance to reduce the rear yard setback from 25 feet to 17 feet in order to allow the construction of a 1 by 22 foot addition. She stated the Appeals Commission reviewe this variance and failed to approve it due to lack of a second o the motion for approval. She stated a motion to deny did not p s due to a split vote (2-2) . Ms. Dacy stated staff's recommendation is o deny the variance because a 14 by 14 foot addition could be uilt and still comply with the setback requirements. She state a 14 by 22 foot addition would reduce the available back yard sp ce by 50 percent. Councilman Billings stated he has one out and looked at this property and is prepared to move f approval of the variance. MOTION by Councilman Billings t grant this Variance, VAR #89-06, to reduce the rear yard setba from 25 feet to 17 feet to allow the construction of an addit'on at 6701 Quincy Street. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mo on carried unanimously. 11. CONSIDERATION OF A ROVAL OF 10 000 ALLOCATION FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION AND PERMISSION TO SUBMI APPLICATION• Councilwoman Jor enson stated she has been working with Representative ice Johnson and Lisa Campbell of the City staff towards a hous old hazardous waste collection in the City. She stated the d e for this collection would be in September or October and e Council would need to allocate some funds in order to proceed ith the grant application. Council man Jorqenson stated she believed $10,000 would cover the City' portion and she understands the Jaycees' will be makinq a con ibution for this project. , + FRIDL$Y CITY COIINCIL MEETINa OF JIINE 5, 1989 PAGB 16 Mr. Patrick Earley stated the Board approved a $10,000 contrib ion to the City, however, it has to be approved by their g eral membership tomorrow eveninq. Councilman Schneider asked if tires would be include in this collection. Councilwoman Jorgenson stated there is a company in ridley that recycles tires and staff is exploring this possibil 'ty. MOTION by Councilwoman Jorgenson to allocate 10,000 for the household hazardous waste collection projec and authorize submission of the application for matching fun to the Minnesota Pollution Control Agency. Seconded by Counci an Schneider. Upon a voice vote, all voting aye, Mayor Nee decla d the motion carried unanimously. Mayor Nee thanked the Jaycees for their pport and contribution in this project. 12. RESOLUTION NO. 47-1989 RE UESTI THE COUNTY OF ANOKA T REDUCE TH SPEED LIMIT ON MIS ISSIPPI STREET FROM TRUN HIGHWA 47 UNIVERSITY AVENUE O TRUNK HIGHWAY 65 CENTRA AVENUEI : MOTION by Councilwoman Jorgenson o adopt Resolution No. 47-1989. Seconded by Councilman Schneide . Upon a voice vote, all voting aye, Mayor Nee declared the mo on carried unanimously. 13. CONSIDERATION OF AN AGRE NT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE TY OF MINNEAPOLIS AND THE CITY OF FRIDLEY• Mr. Hunt, Assistant to t City Manager, stated each year the City enters into a contract w th the City of Minneapolis to participate in the Urban Corps Pro am. He stated as a participant, the City can employ students w have Federal Work Study Grants to work as interns. He stated e City pays between 30 to 40 percent of the salary, and the Fed al Work Study money makes up the difference. He stated the Ur n Corps also takes care of any taxes and insurance for the interns. Mr. Hunt state in order to participate in this program, it is necessary for he University to contract with the City and the City, in tur , must enter into an agreement with the City of Minneapolis or participation in this program. MOTION by Councilman Schneider to authorize the Mayor and City Manager enter into this agreement with the City of Minneapolis for participation in the Urban Corps Program. Seconded by � • PAUL HENGEL SP #89-07 STIPULATIONS 1. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2 . The accessory building shall be architecturally compatible with the existing house. 'l>.'r"�... .. _ . •.. � ✓.... . , . . _ R2:CORDFR �Rl Z'��.Omda61,Rccord�s THIS DOCtJI�1T(S� ARB REOQRDID IN ABSTHACT� BUT AF�S POSSIBLI INCORRECT F(� THE FaI.I.OWI2� REASON3s � �TO� PROP�TY _____I�AL DFSC�I�ON __pF�E�1G TO INCORRECT DOCUM�IT NU�EB N0 DATPS FILZED IN OT'�iE'R rIA.ME �� :a c��. ffi• i �lC �3 � ZF YOII HAVF LF�AL QU�TIONS� YOtT MAY POSSIBLY T�gg Tp cpNStII,T WITH YOUR ATTORNEY. _ . _ � "�t /�/U - ?� •�` . � t460138 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS r.. COUNTY OF ANOKA : CITY OF FRIDLEY In the Matter of a special use permit, SP ��89-07 � ; SPECIAL USE PERMIT Paul Hengel OWner � The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of June , 19 89 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following deseribed property: To allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council minutes of June 5, 1989. 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 2 have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subseribed my hand at the City of Fridl , Minnesota, in t e County of Anoka on the �-C,:,� day of , 19�.• DRAFTED BY: City of Fridley 6u31 University Avenue N.E. Fridley, I�IlV 55�432 � SHIRLEY A. HAAP A, CITY CLE �s'� � -� ' (SEAL")'� " . ��-. � . -j .- < � ' � � � '�(Y,f7a�°o�.. y• � . .. '�.4 ., r;T;�=�`�,� . . �,, . . � 4 .. � . FRZDLEY CITY COIINCIL ME$TINa O� JIINE S. 1989 P!►GB 14 A. S - V ' R EING REP O ROPER GEN CATED 6 AN U V MOTION by Councilman S ider to set the public hearing on this preliminary pl or June 19, 1989. Seconded by Councilwoman Jorgens pon a voice vote, all voting aye, Mayor Nee declared otion carried unanimously. 8. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-07, TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 7. BLOCK 4. BONNY ADDITION. ' THE SAME BEING 5932 6TH STREET N.E. . BY PAUL HENGEL: Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a second accessory building. She stated the Planninq Commission recommended approval with two stipulations which she outlined. Ms. Dacy stated staff's recommendation was that the access to the accessory buildinq join the neighbor's driveway to the south and be hard-surfaced by September 1, 1989. She stated this stipulation was amended by the Planning Commission that the access to the accessory buildinq be placed at the zero lot line and be hard-surfaced by June l, 1990. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 07, to allow a second accessory building, with the followinq stipulations: 1. The access to the accessory buildinq shall be hard-surfaced and be placed at the zero lot line. The access shall be hard- surfaced by June 1, 1990. 2. The accessory buildinq shall be architecturally compatible with the existing house. Seconded by Councilman Fitzpatrick. Councilman Billings felt he did not want to place 'a stipulation that the access be placed at the zero lot line or join the neighbor's driveway and, therefore, offered the following amendment: MOTION by Councilman Billings to amend stipulations No.� 1 as follows: - 1. The access to the accessory buildinq shall be hard-surfaced by June 1, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. -� , FRIDLBY CITY COIINCIL l�$TIN3 O! JIII�tE 5. 1989 P�GE iS UPON A VOICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meetinq of May 17, 1989. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 10. VING I S F A O IS O MEE G O 9, 1989: A. O S E O O VAR ANC V 9- 6 O REDUC REAR BACK FROM O 7 EE TO ALLOW THE CO STRU ION A D ON ON ROO EW ERRA E S N 70 UINC TREE N.E. GEORG AN L. A C �TROM: Ms. Dacy, Planninq Coordinator, stated the petition r is requestinq this variance to reduce the rear yard setback fr m 25 feet to 17 feet in order to allow the construction of 14 by 22 foot addition. She stated the Appeals Commission re iewed this variance and failed to approve it due to lack of a sec nd on the motion for approval. She stated a motion to deny did t pass due to a split vote (2-2) . Ms. Dacy stated staff's recommendatio is to deny the variance because a 14 by 14 foot addition coul be built and still comply with the setback requirements. She s ated a 14 by 22 foot addition would reduce the available back yar space by 50 percent. Councilman Billings stated he s qone out and looked at this property and is prepared to mov for approval of the variance. MOTION by Councilman Billing to grant this Variance, VAR #89-06, to reduce the rear yard se ack from 25 feet to 17 feet to allow the construction of an a ition at 6701 Quincy Street. Seconded by Councilwoman Jorqens . Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 11. CONS E TION O APPROVA OF 10 000 ALIACATI4N FOR �fIOUSEHOLD ZARDOUS WA E COLLECTION AND PERMISSION O SUBM C ON• Councilwoman orgenson stated she has been working' with Representativ Alice Johnson and Lisa Campbell of the City staff towards a h sehold hazardous waste collection in the City. She stated the date for this collection would be in September or October a d the Council would need to allocate some funds in order to proc d with the qrant application. Counc lwoman Jorqenson stated she believed $10,000 would cover the Cit s portion and she understands the Jaycees' will be making a c tribution for this project. � ,� . x � �6f�138 Numerica Gra ntor Gra ntee Recorded� / Checked 7J Margin Tr. Inde� �- . �. !lF�iCE OF t�m�7�,��t!l��A Oi1��4 yl��iJt6��.J�Cf� i'k'��i! lfr b�lYilM I her�y certi,y E?�?t tt;� sv;,�i,i ir,stru- ment wa; fue� in th;s c�ic,e tor r�,;,rd on ihe A U G_ 1��9�$,�e _ ��'�!�ck��;., 2z�i�R�s��:!y rerorded � �_ �� ,��-.�.- ..�_..� c��;h:a:a�5�� r BY e �d�,ri Community Development Department City of Fridley 6431 �iversity Avenue N.E. Fridley, MN 55432 --_ c�nr oF FR!DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE June 7, 1989 Paul J. Hengel 5932 - 6th Street N.E. �'ri��eY� � �5a32 Dear Mr. Hengel: On June 5, 1989, the Fridley City Council officially approved your request for a Special Use Permit, SP �89-07, to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. , with the following stipulations: 1. The access to the accessory building shall be hardsurfaced by June 1, 1990. 2. The accessory building shall be architecturally compatible with the existing house. The City Council requested that you work with the neighbor to the south to come to an agreement as to how much space should remain between the two driveways. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridle lanning Department by June 21, 1989. cur with io taken.