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SP84-10 14 _ CITY OF FRIDLEY, SUBJECT �0 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT SP # �'� /O FRIDLEY. MN. 6343e 96'123.571-3450 ADDRESS DATE PLANNING COMMISSION: APPRO ED DISAPPROVED _ DATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME FEE v2 40 RECEIPT NO STREET LOCATIO OF PROPERTY LEGAL DESCRIPTI OF . PRESENT ZONING J I EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE SPECIAL USE APPLIED FOR: �l�/cam -2 4 3,2 Section of the Code: G�S' Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes \ no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 200 feet will be attached to this application. ' (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any Jefect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet). The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. DATE _//- SIGNATURE ' ADDRESZ2 _TELEPHONE NO - 1 I— - ' m ua;✓s.. -:r %�s• .;Ff ;aa, a k yz, ,.yt, � .F .c � std `'rG.` LN � '�'' a .s' t a+, �a r�.u�}•i,5 �2r t `�, ..rX.� -n''iT` � '� � r •>��'� a'�� Y 5 .,td-'# S a 3 `��.,�', .K" � ��� •�.'yA. � � '�." 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' a r �' - y x � a . . f r 12 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, June 6, 1984 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #84-10, by Mary Erickson, per Section 205.24.4, D, of the Fridley City Code, to allow the construc- tion of a 24 ft. x 32 ft. detached garage in CRP-2 zoning (flood fringe) on Lots 34, 35, and 36, Block V, Riverview Heights, the same beim 650 Ely Street N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: May 23, 1984 May 30, 1984 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- Council Chamber at 7:30 P.M forJune 6 1984 inthe he purpose of: Consideration of a request for a Special Use Permit,SP#84-10,by Mary Erickson, Per Section 205.24.4, D, of the Fridley City Code,to allow the construction of a 24 ft.x 32 ft.detached garage In CRP-2 zoning (flood fringge) on Lots 34,35 and 36,Block U,Riv- erview Heights, the same being 650 Ely Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL Chairwoman Planning Commission (May 21&28,1984)-FRID 7J SP #84-10 Erickson 650 Ely Street N.E. E JV A0,96 • f � � � o � +• " „fit I 1� 'r i1 �lS N � )� f o3, ) ��� �• "t f � i 1 j rp� it� N'� f,,)!� r �•. r• '�ifµ r. Z 0 70 Otto 13 1 � Q 1 7 t : i0 00 t r 33 Q ; 17 s w �� hey/ A O .x� • N �� 3 i C. 4 1.) C—! f 7 G f 4 '� \ 'n, 7� 9 4 31 Z p `p ,• � I t10 ', 1 Ts i �� A 13 Planning Commission 6-1-84 MAILING LIST SP #84-10, Second Accessory Building 650 Ely Street N. E. Mary Erickson Mr. & Mrs. Robert Werner 650 Ely Street N. E. 655 Ely Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Rr. & Mrs. Richard Cook Mr. & Mrs. John Koczur 690 Fairmont Street N. E. 680 Ely Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Robert Kudla Mr. & Mrs. William Wagner 688 Fairmont Street N.E. 681 Ely Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Michael Scarcella Mr. & Mrs. D. J. Reiter 8090 Broad Avenue N.E. 684 Ely Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Robert Rutherford 610 Dover Street N.E. Fridley, Mn 55432 Mr. & Mrs. Randy Johnson 620 Dover Street N.E. Fridley, Mn 55432 Mr. & Mrs. Mike Lefave 640 Dover Street N. E. Fridley, Mn 55432 Mr. & Mrs. Fred Larson EAM0 Dover Street N. E. Fridley, Mn 55432 Mr. & Mrs Dale Dickson 600 Ely Street N. E. Fridley, Mn 55432 Mr. Steve Warner 630 Ely Street N. E. Fridley, Mn 55432 Mr. & Mrs. Michael Malone 635 Ely Street N. E. Fridley, Mn 55432 MR. & Mrs. Dona*lterum 651 Ely Street N. E. Fridley, Mn 55432 -' IA _ I � o N i to ! 0 Z Z i ! W L7 N f W O ------------ — i ! I Po+, L-73 - cl) Z2 - 5 I cl-L 71' � , ok� CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW Deportm s Number ev age Approved by L� T1 F N 3 07EIT ,- �/ FIL AT COMPLETE REVIEW CHECKLIST �D //941 RETURN TO PLANNING 1� ATE COMMENTS JIM � �/G��,s Ccc�� V �N� �, lit w r�i�� Darrel AWev� Mark ta�� .w/CI de yrC�- lJohn pp K�wig�ti G�r/ -Frti- G�r6 Leon ve ted- ;ii- rsLA *10 CITY OF FRIDLEY PLANNI14G COMMISSION MEETING, JUNE 6, 1984 CALL TO ORDER: Chairwoman Schnabel called the June 6, 1984, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Ms. Schnabel , Ms. Gabel , Mr ondrick, Mr. Minton, Mr. Saba Members Absent: Mr. Oquist, Mr. Nielson Others Present: Jim Robinson, PlaKneling Specialist John Flora, Public Works Director Mary Erickson, 650 Ely St. N.E. Ron Miller, 953 Mississippi St. N.E. John Dunphy, 155 Stonybrook Way N.E. John Hitchcock, 9516 Tyler St. N.E. APPROVAL OF MAY 23, 1984, PLANNING COMMISSION MINUTES: MOTION BY MR..'KONDRICK, SECONDED BY MS. GABEL, TO APPROVE THE MAY 23, 1984, PLANNING COMMISSION MINUTES AS WRITTEN. UPON AJIO//ICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE P MIT, SP #84-10% BY IYR-Y- ERICKSON: Per Section 05.24.4,D, of ri ley ity Code,,tb allow tTe construction of a detached garage, 24 ft. by 32 RP-2 zoning (flood fringe), on Lots 34, 35, 36, Block V. Riverview Heights, the same being 650 Ely Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO OPEN THE PUBLIC HEARING ON SP ##84-10 BY MARY ERICKSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated the property is located on the south side of Ely Street in the Riverview Heights area. The petitioner is proposing to build an accessory building (a garage) in the rear yard. The foundation is in at the present time. The setbacks are adequate and do meet code. The special use permit is required because this accessory building will be in the flood fringe. Staff would recommend the following stipulations if this request is approved: 1 . Need to waterproof to required elevation of 825.25 ft. This may consist of two additional courses of block or the use of water resistant wood. 1 PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 2 2. Structure should be securely anchored with anchor bolts. 3. Driveway to garage should be paved with concrete or asphalt material . 4. Garage to be completed by Sept. 1 , 1984. 5. Petitioner will eliminate the continuing outdoor storage and curbside parking problems. Mr. Minton asked why the stipulation that the garage be completed by Sept. 1 , 1984. Mr. Robinson stated Staff felt that because of the nature of the problem they are trying to correct here, the garage should be completed immediately. Staff felt a date of Sept. 1 was ample time for completion by the petitioner. Ms. Schnabel asked the petitioner, Mary Erickson, if she had any comments to make. Ms. Erickson stated she was concerned about cost, and she was assuming the two additional courses of block would be sufficient. She stated they do intend to have the garage built immediately, so she did not see the need for a completion date of Sept. 1 , 1984 as a stipulation of the special use permit. She stated there was no problem with paving the driveway as almost all of it was concreted at this time. Ms. Schnabel stated that regarding the outside storage and parking problems that currently exist, would this garage eliminate those problems? Ms. Erickson stated the garage would be used for storage and this would eliminate the problems. MOTION BY MS. GABEL, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING ON SP #84-10 BY MARY ERICKSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:46 P.M. Mr. Saba stated he had no problem with this request as long as the stipulations were met. Ms. Gabel stated she thought this construction was an excellent idea, and it may be a way of solving a problem that has been going on for a long time. She felt the stipulation of Sept. 1 for the completion of the garage was a necessary stipulation. MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF CONSIDERATION OF SPECIAL USE PERMIT, SP #84-10, BY MARY ERICKSON, PER SECTION 205.24,4,D, OF FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE, 24 FT. BY 32 FT. , IN CRP-2 ZONING (FLOOD FRINGE) , ON LOTS 34, 35, 36, BLOCK V, RIVERVIEW HEIGHTS, THE SAME BEING 650 ELY STREET N.E. , WITH THE FOLLOWING STIPULATIONS: PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 3 1. NEED TO WATERPROOF TO REQUIRED ELEVATION OF 825.25 FT. THIS MAY CONSIST OF TWO ADDITIONAL COURSES OF BLOCK OR THE USE OF WATER RESISTANT WOOD. 2. STRUCTURE SHOULD BE SECURELY ANCHORED WITH ANCHOR BOLTS. 3. DRIVEWAY TO GARAGE BE PAVED WITH CONCRETE OR ASPHALT MATERIAL. 4. GARAGE BE COMPLETED BY SEPT. 1, 1984 5. PETITIONER WILL ELIMINATE THE CONTINUING OUTDOOR STORAGE AND CURBSIDE PARKING PROBLEMS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on June 18. 2. TABLED: LOT SPLIT REQUEST, L.S. #84-05 BY JOHN HITCHCOCK: Split off the Southerly 84 feet of Lot 8 H, Second Revised Auditor's Su division No. 21 , to make a new building site at 953 Mississippi Street N.E. (Other lot will be changed to 6530 Oakley Drive N.E. MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL, TO REMOVE LS #84-05 FROM THE TABLE. UPON A VOICE VO E, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOU LY. Mr. Robinson stat d they still need the owner's signature on the lot split request, and the o ner, Ron Miller, was in the audience. Mr. Robinson stated he property in question was located on Mississippi St. west of Oakley Drive. It was a corner lot. Previously, the northerly 81 ft. had been split off, an at this time the petitioner was asking that the southerly 84 ft. be split off. This lot is presently built on and the house faces Mississippi t. Mr. Robinson stated one of he problems expressed by the Planning Commission at their last meeting was t variance situation. He stated three variances are scheduled to go to the A eals Commission on June 12. The lot split will create a new front yard for th existing house. Presently, in the front yard there is an accessory garage b ilding that would need a variance. Another variance would be that the fron yard be 25 ft. versus 35 ft. , and a variance that the rear yard be 21 ft. Ver s 27 ft. Mr. Robinson stated the proposed ho se on the new lot would front Oakley Dr. Mississippi St. then became the side ard, and 17.5 ft. would be the required setback. However, Staff was suggeste that 30 ft. be provided. The adjacent house has a front yard setback from Mis issippi of 110 ft. There are similar setbacks as they proceed westward to Jac on St. After Jackson St. , the houses are closer to Mississippi . He sta ed the side of the proposed house would be on Mississippi and would not be consistent with the neighborhood. He stated Staff would recommend the following stipulations if the lot split request is approved: PLANNING COMMISSION MEETING, JUNE 6, 1984 PAGE 4 1 . Approval of variances created by lot split (scheduled for Appeals Commission on June 12) 2. Existing structure (now facing Mississippi ) have new address on Oakley Dr. after lot split 3. Signed park fee agreement for one lot of $750 4. L-A split to be registered with County prior to issuance of a building permit. October 15, 1984 is deadline to split 1985 taxes. 5. Existing garage (accessory building in front yard) to be relocated to s de yard if it is to be replaced or substantially improved (at % of garage replacement cost) 6. Owner to sign lot split and variance requests Ms. Gabel stated she felt this was all inconsistent with the neighborhood. She could not rem mber any instance where a variance was granted so a garage could be put in fr nt of a house. She stated the garage in front of the existing house was he biggest problem she had with this lot split, and she was not sure what c uld be done to alleviate that problem. Mr. Kondrick stated t e house and garage are already there, and that will not change. The peop who build the new house are going to see the same thing. He stated he d d riot have. a problem with this request since the situa- tion is an existing sit ation. Mr. Saba stated he agree with Mr. Kondrick, but he could also understand Ms. Gabel 's point of view of what this was doing to the neighborhood in general . All of a sudden hey are allowing a garage to be in a front yard, and the City would be setti g a precedent. Ms. Gabel stated she also fel they put some burden of proof back on the City if they grant this kind o a lot split, because this lot split does require variances, and this was not a variance she had ever seen before. It was not the kind of variance tha comes because of the "lay of the land". Mr. Kondrick stated he would agre if they were talking about new construction. He stated he would consider the ne proposed house more of a visual problem than the problem of the garage in f nt of the existing house. Ms. Gabel stated she thought the inti ial problem started with the garage in front of the existing house, but th n it was compounded by putting a new house on the corner of Mississippi and akley Dr. when the setbacks are as far back as they are in that area. Ms. Schnabel stated Ms. Gabel had a valid int in that the variances would not be necessary if the Planning Commission oes not grant the lot split request. The City, in effect, is creating th variances that become necessary to be appealed. The variances are not somethi g the petitioner is creating, but the City is creating them if it approves th lot split. Ms. Schnabel asked the petitioner or the owner o the property if they had any comments to make. ('OUNGTL• MEETING OF JUNE 18, 1984 .r came from the point of non-acceptancewhere a proposal was made that was acceptable. He stated he felt Mr. Radabough should get credit for really persevering and keeping his cool,,. and the Eberhard' s were reasonable and understanding since they were most directly affected. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 7. RECEIVING MINUTES OF PLANNING COMMISSION OF JUNE 6 , 1984: 7A. SPECIAL USE PERMIT, - ALLOW THE CONSTRUQTION OF A GARAGE IN CRP-2 ZONING (FLOOHR� . 690 ELY STREET BY MARY ERICKSON: It was announced that it was necessary for the petitioner to leave the meeting and she requested this item be tabled until she could be present. Councilman Fitzpatrick questioned if this was going to be approved, if staff was aware of any problems. Mr. Flora, Public Works Director, stated the petitioner was present at the Planning Commission meeting and accepted all the stipulations. She had stated she didn't feel the stipulation regarding the completion date of September 1 , 1984 was necessary as she was ready to begin as soon as the special use permit was approved. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-10 with the following stipulations: (1) need to waterproof to required evaluation of 825.25 feet; this may consist of two additional courses of black or the use or water resistant wood; (2) structure should be securely anchored with anchor bolts; (3) driveway to garage be paved with concrete or asphalt material (4) garage be completed by September 1 , 1984; and (5) petitioner will eliminate the continuing outdoor storage and curbside parking problems. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, stated this is property where there has been a long history of outdoor storage of materials and items on the street right-of-way. He stated the City is seeking compliance with the ordinances and some of the violations are being pursued through the court system. Mr. Qureshi asked the City Attorney if this action would have a dampening effect on the City's court actions. Mr. Herrick, City Attorney, stated this action to approve the special use permit shouldn't have any affect per use. He stated he didn't know whether the construction of the garage would have a physical impact on the condition of the lot, but hopefully, the material presently outside would be placed inside this structure. He stated he didn't feel granting this special use -11- COUNCIL MEETING OF JUNE 18, 1984 permit to allow construction of a garage would affect the court' s determination as to whether there was, at the time the action was started, a violation of the ordinances. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7B, LOT SPLIT REQUEST L S #84-07 TO SPLIT LOT 5. BLOCK 4 CITY VIEW AND ADD HALF TO LOT 4 AND HALF TO LOT 6 . AT 411 AND 415 57TH PLACE N_;E., BRANDON CONSTRUCTION COMPANY: Mr. Flora, Public Works Director, stated this is a request /nd it three existing lots into two new lots by splitting the middle lotaking 20 feet to be added to each of the adjoining lots makin60 foot residential lots. Mr. Flora stated the Planning Commission recommended approval of the lot split with three stipulations regarding the park fee for $750 ; the houses are to face 57th Place; and the lot split to be registered with the County prior to issuance of a building permit. Mr. Flora stated the staff would add the additional stipulation that when the lots are registered with the County, they be registered as individual lots and two sites, instead of three sites. Mr. Jack Dunphy, representing the builder, stated the petitioner is in agreement with the stipulations. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant lot split, LS x`84-07 with the following stipulations: (1) a signed park fee agreement for one lot of $750; (2) the houses are to face 57th Place; and (3) the lot split to be registered with the County, prior to issuance of a building permit, and to be registered as two sites instead of three. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 6, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVING THE MINUTES OF THE CABLE TELEVISION MEETING OF MAY 17 1984• MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission meeting of May 17 , 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8.1 CONSIDERATIONN OF A VARIANCE ON TEST POINTS FOR THE CABLE SYSTEM: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Cable Television Commisison and grant the variance petition by Storer Company for a variance of test points in the cable system. Seconded by -12- 6/19 To: Dorothy From: Jean Council Action 6/18/84 Special Use Permit, SP#84-10, to allow the construction of a garage in CRP-2 Zoning (Flood Fringe) , 650 Ely Street by Mary Erickson . . . . . . . . . . . 7-7N Council Action: Approved with 5 stipulations 1. Need to waterproof to required elevation of 825.25 ft. This may consist of two additional courses of block or the use of water resistant wood. 2. Structure should be securely anchored with anchor bolts . 3. Driveway to garage be paved with concrete or asphalt material . 4. Garage be completed by Sept. 1, 1984. 5. Petitioner will eliminate the continuing outdoor storage and curbside parking problems. CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 CITY COUNCIL June 19, 1984 ACTION TAKEN NOTICE Mary Erickson 650 Ely Street N. E. Fridley, MN 55432 On June 18, 1984 the Fridley City Council officially approved your request for to construct—a garage in with the stipulations listed e ow. CRP-2 zoning (flood fringe) 1. Need to waterproof to required elevation of 825. 25 ft. This may consist of two additional courses of block or the use of water resistant wood. 2. Structure should be securely anchored with anchor bolts. 3. Driveway to garage be paved with concrete or asphalt material . 4. Garage be completed by September 1 , 1984. 5. Petitioner will eliminate the continuing outdoor storage and curbside parking problems. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, C:7'JAMES L. ROBINSON PLANNING SPECIALIST JLR/de Please review the noted stipulation, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. Owner's Duplicate Cert. of Title No.51084 is required to file this Special Use Permit. Certificate of Title is in the name of Marta Tomczyk There is no interest shown on the certificate for William Erickson STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of SP #84-10 to allow the construction of a garage in CRP-2 Zoning (flood fringe) at SPECIAL USE PERMIT '00 Ely Street William Erickson Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of June of 84 , on a petition for a special use permit pursuant to the City o Fridley' s Zoning Ordinance, for the following described property. r. Lots 34,35,36 , Block U, Riverview Heights IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: See City Council minutes of June 18, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Sidney C. Inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of19 DRAFTED BY: City of Fridley C:7— , 6431 University Avenue N.E. Fridley,MN 55432 SIDNE C. N, CITY CLERK A Special Use Permit shall become void one year after being granted by the City of Fridley unless or if discontinued for a period of 90 days. (SEAL)