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SP92-02 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Oornmmity Development Department (612) 571-3450 -----_.------_----..------------------------...-.,-------------_...----__----------_- SPECIAL USE PERMIT APPLICATIM FORM -------------..--------_-__--------_-------_---_---____-------------__-----_--- PROPERTY INFORMATION - site plan required for submittals; see attached Address: 1995 �il1ovrU"P-w ierrae;� Legal description: kAA OA k-A? 68C-L&, UJ9 kwVieu k�5 nl�2 �+ Lot Aa 4 A3 Block Tract/Addition 6,Vqruie(,L) Current zoning: - ` Square footage/acreage Reason for special use permit: .i (' Section of City Code: Q I>_ CZ) � ------_-----...^.-------------...---------------_-----_......,------------......-.,---------- FEE OWNER INFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) j i" NAME e Vey[ a, ki e'L- ADDRESS 9,10 Tk- s Q Ut,u.a Y1 DAYTIl"IE PHONE CO SIGNATURE DATE ------------------------------------------------------------------------------ PETITIONER INFORMATION NAME �J"c-- ADDRESS vADDRESS DAY= PHONE SIGNATUREDATE -,,4�,, ------------------------------------------------------------------------------ "I'- Fee: $200.00 �Z 3 0 y/6- $100.00 for residential second accessory buildings Permit SP Receipt # .3 a Application received by: M. ✓l/1 Scheduled Planning Commission date: Scheduled City Council date: ------------------------------------------------------------------------------ 11W I CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: 2. Grading and drainage plan showing existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. All existing and proposed points of egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning 'radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash enclosures (ii) Gross floor area of buildings (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area 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 parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories �( L2422 Enterprise Drive nL a Heights, MN 55120 PIONEER LAND SURVEYORS • CIVIL ENGINEERS281-1914•Fax 681-9488 ' LAND PLANNERS • LANDSCAPE ARCHITECTS * engineering 625 Highway 10 Northeast Blaine, MN 55434 * (612) 783-11380-Tax 783-1883 Certificate of Survey for:,, 'Olmsted Builders, Inc. I I � I I I I I I \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOVER - - - - I I y,19.7 819• VZ HYDJR�ANT � 1 O. gl9• 919• I 45.0 29.83 I / I' DRIVEWAY 90,0'0' aZl `i 22.4 o 1.5 18i9•y . ao °14. 7 I I I 6.33 "� X2.33 _ O EXISTING HOUSE I x O 1ST FLOOR ELEV. = 819.5 GARAGE I PROP SED HOUSE i N O I 2.5 18�, <v t4 s LD �J 4 .00 821. 71.67 - X \\ ZZ.l \ �jZ1. 0 a2o.o gi18.� 13 .73 FENCE _ POWER POLE '822 0 \ X --A\ \ X \ \ \ EXISTING HOUSE 1ST FLOOR ELEV. = 821.8 Locr--- 10 Y) '9 fix . -9 To,9 or 0111 ch -cked l0 J y l 9�z X 900.0 Denotes Existing Elevation PROPOSED HOUSE ELEVATION x Q@0.0D Denotes Proposed Elevation Lowest Floor Elevation: 6/7. 0 - — - Denotes Drainage & Utility Easement ` Denotes Drainage Flow Direction Top of Block Elevation: -o— Denotes Monument Garage Slab Elevation:)�2�.z6 —E— Denotes Offset Hub Bearings shown are assumed LOTS 22&23 BLOCK W RIVER VIEW HEIGHTS ANOKA COUNTY, MINNESOTA I hereby certify that this survey, plan or report was ?eared by m under my direct supervision and that I am dul Registered Land Surveyor under the laws of the State of Minnesota.Dated this 2 day of '9'eC A.D. 199-.L-. Scale. 1 Inch_30fee YeJ 7//0/72 �ocaT;vn g �� o ti ROBE B.SIKICH S. REG.N . 14891 ro-1 1-1 12027.00 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 8 , 1992 at 7 : 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #92- 02 , by Steven Lipa, per Section 205. 24 . 04 . B. (2) of the Fridley City Code, to allow construction of a dwelling in the CRP-2 (Flood Fringe) district, on Lots 22 and 23 , Block W, Riverview Heights, generally located at 7995 Riverview Terrace N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 25, 1992 . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: March 24 , 1992 March 31, 1992 City Of Fridley HEARING BEFORE THE PLANNING COMMISSION Notice is hereby liven be a Public en that there will Planning Commission at the Hearing o1 the Fridley ter,6431 University Avenue Fridley Municipal Gen N.E.on Wednesday.April B,1992 at 7:30 p.m.for the purpose ot: special Use Permit,SP 892 Consideration of a SPS lion 205.24.04.8.(21 of 02,by Steven Lipe,Pe district on Lots the Fridley Cdy Code,to allow construction L a dwelling in the CRP-2(Food Fringe) 22 ad 23,Block W,RIYeNiew Heights,generally n I ocated at 7995 R personsrpiann ng to attend who Hearing Impa with disabilities need an interpreter or aider s should confect Rob rta who require auxil�a no later than March 27, Collins at 572-3500 ns des ring to be heard shail be Any and all Pe et the above stated time and given an opportunity to this Item maY be place.Any questions related Development referred to the Fridley Community Department at 571-3450. DONALD BETZOLD CHAIRPLA31N�G OM I BION (March 24, _ Mi I isotBig", Ire MESA ty OF Will �� 4�lAtiEffi7 ��; 7l:4�SlCFFI� a+e �F'JII)e iRdD17 . ®sae a.ss M9_I'.O't•8 MIM". mwmcmfifl� ,1 9f!<&mfIDZlflOSUM 941101111111 ERMA ?� Planning 3/20/92 SP #92-02 MAILING LIST Council Steven Lipa Steven Lipa George Korich 8249 Thomas Avenue North 687 Dover Street N.E. Brooklyn Park, MN 55444 Fridley, MN 55432 David Lindquist Roger Holmgren 7941 Riverview Terrace N.E. 8001 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Engebrit Timothy Hutchinson 60 Logan Parkway 8021 Riverview Terrace N.E. Minneapolis, MN 55432 Fridley, MN 55432 Current Resident Dennis Prince 627 Cheryl Street N.E. 8031 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Marian Novicek Donald Reitner 641 Cheryl Street N.E. 684 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 M. Dwight Just John Koczur 661 Cheryl Street N.E. 680 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Schrader William Erickson 7965 Riverview Terrace N.E. 650 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 David Padilla City Council Members 670 Dover Street N.E. Fridley, MN 55432 Planning Comm. Chair Michael Lafave 640 Dover Street N.E. Fridley, MN 55432 Dale Tyson 641 Dover Street N.E. Fridley, MN 55432 Gordon Hedlund 1255 Pike Lake Drive New Brighton, MN 55112 Current Resident 665 Dover Street .E. Fridley, MN 55432 w � CITY OF FMDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 March 13 , 1992 Steven A. Lipa 8249 Thomas Avenue North Brooklyn Park, MN 55444 Dear Mr. Lipa: Enclosed please find the easement document which will grant a ten foot street and utility easement to the City of Fridley along the westerly ten feet of Lots 22 and 23 , Block W, Riverview Heights. Please have your legal counsel review the enclosed document, and if it is acceptable, sign the document at the marked locations in the presence of a notary public. Please sign the document in the same manner in which your names appear. We will insure that the document is recorded at Anoka County. If you have any questions or concerns regarding the document, please contact me at 572-3593 . Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-92-84 Easement Individual (s) to Corporation(s) or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date , 19 FOR VALUABLE CONSIDERATION, Steven A. Lipa and Antoinette M. Lipa, husband and wife, Grantor(s) , hereby convey(s) and quitclaim(s) to the City of Fridley, Grantee, a municipality under the laws of Minnesota, real property in Anoka County, Minnesota, described as follows: A street and utility easement described as follows: the Westerly 10 feet of Lots 22 and 23, Block W, Riverview Heights. The City of Fridley hereby accepts this easement for the above mentioned purposes. Shirley A. Haapala, City Clerk together with all hereditaments and appurtenances belonging thereto: X STATE OF MINNESOTA ) ) ss County of Anoka ) The foregoing instrument was acknowledge before me this day of , 19 , by Steven A. Lipa and Antoinette M. Lipa, husband and wife, Grantor(s) . Signature of Person Taking Acknowledgement THIS INSTRUMENT WAS DRAFTED BY: City of Fridley 6431 University Ave. , N.E. Fridley, MN 55432 CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 June 2, 1992 Steven Lipa 8249 Thomas Avenue North Brooklyn Park, MN 55444 Dear Mr. Lipa: Enclosed please find three copies of the hold harmless agreement required by your special use permit, SP #92-02 , to allow the construction of a dwelling in the flood fringe district in Fridley. I realize that you previously signed a similar agreement; however, the first agreement did not contain an acknowledgement page and space for the agreement to be notarized. This is needed in order for an agreement to be recorded at Anoka County. Please sign the enclosed agreements and have them notarized, and return all three copies to my office. Once the City has signed the copies of the agreement, we will return one executed copy to you and record another at Anoka County. We will keep one copy for our files. I apologize for any inconvenience that this may have caused. If you have any questions regarding this item, please contact me at 572-3593. Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-92-167 COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP #92-02 CIWOF 6 3/4/92 4/8/92 Allow construction of a dwelling in the FRIDLLY ICRP-2 district; 7995 Riverview Terr. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ARB D. 4� COMMENTS MICHELE M. MAFtK W. M25D �� F o,, ��„� � a� jo:��fbn" ds A JOHN F. A�-�U• �� 3 T/r�.. ��- ,,�,�- �-, r� <�,..��.%,�, fal6ARREL LYDE M. c� r El LEON IM H. 3 -"0 CHUCK M. Community Development Department F --"/ PLANNING DIVISION City of Fridley DATE: April 15, 1992 TO: Gregg Herrick, City Attorney FROM: Michele McPherson, Planning Assistant SUBJECT: Hold-Harmless Agreement for Steven Lipa Attached please find the staff report for the special use permit request, SP #92-02 , by Steven Lipa. Approval of the special use permit will allow the construction of a dwelling in the CRP-2 (Flood Fringe) district. Please draft a hold-harmless agreement between the City and Steven A. Lipa and Antoinette M. Lipa to comply with Stipulation #1 of the attached staff report. If you have any questions regarding this issue, please contact me at 572- 3593 . MM/do M-92-250 U-� Community Development Department u PLANNING DIVISION City of Fridley DATE: April 16, 1992 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #92-02 , by Steven Lipa; 7995 Riverview Terrace N. E. Attached please find the above-referenced staff report. The special use permit request is to allow construction of a dwelling in the CRP-2 (Flood Fringe) district. The Planning Commission voted unanimously to recommend approval of the request to the City Council, with the following stipulations: 1. A hold harmless agreement releasing the City from liability shall be recorded against the property. 2 . The petitioner shall submit an elevation certificate completed by a registered surveyor once construction has completed to verify the first floor elevation. 3 . All areas below the regulatory flood elevation shall be flood- proofed in accordance with the current codes. MM/d n M-92-249 SP #92-02 Steven Lipa SURVEYING TEL 612 743 3031 Certificate of Survey (or: OLMSTEAD $yiU)C--2'5 _rte_ NORTH VIC W 41.00 peaN O "'n t \ A H J fj 9 i Jr • �O V� ("0.0 0 40 9oo.o Denotes£xisl1*60 £levafio►i PROPOSED ov F EVMQM • oa.o UewdesPropo ed£levalion lowest floor£levor ioo 815. 4 -- Denotes DrdOa- -f�eiUNilyEasement Topof''Mock£levalion 023.1 —*-=-•—Denotes Drai'�d 'RoWl)lirec/ion Gall�o e Slab Bevaliol? sz2. Denoley Monunl Bearir js shown are assun*d a Deno es g e l>Eib L OTS Z�Z3 BL OCII W7 OVB:c VIEW 14C-4147-5 NdoKA COUNTY t MINNFSOTA I hereby cerlily that IhB survey.Plan or report was pr griot t by tr" r under my direct tun9rvlrinn ail that I am fitly RPylttond Lnrxl Durwym imAer the lows of the Mots of Minnesota.Dated this �_day of L' A.D,IB /., j2 t 11R SITE PLAN y � + SP #92-02 Steven Lipp CITY OF THOMPSON` RIVERVIEW HEIGHTS O j J12 13 ZC A Q '. IRONTONSTREET Ila �.; :Ci UI s R 3 p I z Q SPR f BROW % 884 . LL Q d 1 ` I 'a` is s A 5 �� v ✓ Lf � � / �S C7'� e• GLENCO `� + + 3 PARK s + s z Rl '' J K 4 10 IA _9 r. TSF S .3 2 199 ELY CIR. ELY ST n ♦ r0etr ` �, ♦�� LIBERTY ST. ♦ o X ♦, LONGF LLOW N \� %%. '•'•'•',•, ''•'� '•' 4 •• Vivief It,) .00- % q RIVER W i ti �►,��'• 89 �:� �.�.� �•�, REIGN l' 1� S 11 s. k • ,♦, ••�•• ••••• ••• r1% 0% • �• • �` o .cam ' 1 \ �l 4 tlQ• % •••• /•CTT \ �c "k t �� 9 Oda • • % ••••�4• !r �� S Q 5 y ' iS •1• , pL 110 ZONING MAP `�.! ;�i�'=! SP #92-02 Steven Lipa El y LU20 19 ;i;l 4 it a liv ELEVATION ` SP #92-02 Steven Lipa F7b I�ZZ P �� rU1 4 Z • i .R IAEZI110 t = - V) � F i i N N z 11U FLOOR PLAN SP #92-02 Steven Lipa 4 X1 i ' Y i i i I N 1n N :o 0 V, a a 11S FLOOR PLAN SP #92-02 Steven Lipa i o-,zS 7 •,r I =4 -o v Eo f! N Fd _ IL Z p- M Z 7 tir�� N J 11T FLOOR PLAN tate 57th street SURVEYING TEL 612 743 3031 Certificate of Survey for: am5Tr.,Ao &,1uxzs NOR!14 r View 41.00 VA 1 1 J \ :1 A 1 fp.l'1 \ti W 1 own r' 1 2�•3't W .Y N Y / 40� 60 V_M •900.o Denotes bf&/in0 flevaliorl PPOP05co Hou ELfV oo.o Uufo%s gea"val%Or7 'P° Lowes oorlleva its 815'• ►� Denotes OrdIn �e,r U//lily £asemen/ Top of''Blm-aevulion B z3•� Denoles Draind'O�e F/o Ditedlon Gar>a e Slab£/evafion sz2. O Oeac*ey Monu�3Qnl B,vrir js sl?owr)ur>o ssurt d dL7reroes of e f>Eib L OTs 2 23 MOKA Irt/ , JAI UCIz VIC-W /-JC- .AnroK.4 COUNTY r MINNESOTA 1 hereby eertlly Thal this survey.Pon or r►port wn grr)vrre l by m r under my direct rnpmvirlmr rutd thnt I am duly t,rplrlaed Lnrwl Survsyar under lila Illwr of lha data of Minnesota.Dated lhb�day of_ KE- A.D.19 9 L LcL e: NevvuacrW ROgQ RLS. No. 10945 g 09®C ot (OV (71 2F F iz CSF) 64 ,f im sN�y� o J,• :: ' l� a' (�/)�� r SzoE•, X51" ' oc � o • °£ of .� S s � � / E of°' 11 i J \ / 19 21 of6 f Cl171 pt CITY OF FRIDLEY ' PLANNING COMMISSION MEETING, APRIL 8, 1992 ------------------ CALL TO ORDER: Chairperson Betzold called the April 8, 1992, P nning Commission meeting to order at 7: 30 p.m. ROLL CALL: Members Present: Don Betzold, Dave K drick, Sue Sherek, Dean Saba, Diane vage, Brad Sielaff, Connie Modig (a 8:25 p.m. ) Members Absent: None Others Present: Barbar acy, Community Development Director Mich e a McPherson, Planning Assistant Sco Davis, Planning Intern S even Lipa, 8249 Thomas Avenue North at O'Hern, 6243 Kerry Lane Dave Lindquist, 7941 Riverview Terrace Jack DeCrans, ANR Freight System Duane Prairie, Park Construction APPROVAL F MARCH 25 1992 PLANNING COMMISSION MINUTES: MOTI by Mr. Kondrick, seconded by Mr. Sielaff, to approve the M h 25, 1992 , Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-02 , BY STEVEN LIPA: Per Section 205. 24 . 04 . B. (2) of the Fridley City Code, to allow construction of a dwelling in the CRP-2 (Flood Fringe) district, on Lots 22 and 23 , Block W, Riverview Heights, generally located at 7995 Riverview Terrace N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, 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 PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the property is located at the intersection of Dover Street and Riverview Terrace in the Riverview Heights district. The property is zoned R-1, Single Family Dwelling. The property has been a parcel of record since the lots were platted around 1900. The property meets the minimum lot width PLANNING COMMISSION MEETING, APRIL 8, 1992 PAGE 2 and lot area requirements; since the property has been a parcel of record prior to 1955, the minimum lot area needs to be only 7, 500 sq. ft. The lot area is only slightly short of the minimum 9, 000 sq. ft. at 8, 670 sq. ft. Ms. McPherson stated the petitioner is proposing to construct a split level dwelling unit and a special use permit is required prior to construction because the property is located in the flood fringe district. The petitioner is proposing to locate the house so that it meets all the setback requirements. The petitioner is intending to move the house 2 1/2 feet Riverview Terrace to take advantage of the river; however, it will still meet the minimum setbacks requirements. There are no habitable spaces proposed to be below the regulatory flood elevation. The laundry room which is an accessory use will be below the regulatory flood elevation, but it is permitted to be below the regulatory flood elevation. There is also a crawl space under a portion of the house, but that would not be a habitable space and it will be required to be flood-proofed according the current regulations. Ms. McPherson stated the Engineering Department requested a 10 foot street easement along Riverview Terrace, which has been signed and returned by the petitioner. Ms. McPherson stated that as in previous special use permit cases in the flood fringe district, staff suggests that if the special use permit is approved, a hold harmless agreement releasing the City from any liability shall be recorded against the property. Ms. McPherson stated that since the special use permit request meets all the code requirements, staff recommends approval of the request with three stipulations: 1. A hold harmless agreement releasing the City from any liability shall be recorded against the property. 2 . The petitioner shall submit an elevation certificate completed by a registered surveyor once construction is completed to verify the first floor elevation. 3 . All areas below the regulatory flood elevation shall be flood-proofed in accordance with the current codes. Mr. Betzold asked what happens if the construction is completed, and the surveyor says the house is not in compliance. Ms. McPherson stated the City has received a preliminary drainage and grading plan from the surveyor, and staff has determined that if the dwelling is constructed as proposed, it will not be below the proposed flood elevation. PLANNING COMMISSION MEETING, APRIL 8, 1992 PAGE 3 Mr. Kondrick asked if staff has received any calls from neighbors objecting to this construction. Ms. McPherson stated they have not. Mr. Steven Lipa stated he has nothing to add to the staff' s report, and he is in agreement with the recommended stipulations. MOTION by Ms. Savage, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP ##92-02 , by Steven Lipa, per Section 205. 24 . 04 . B. (2) of the Fridley City Code, to allow construction of a dwelling in the CRP-2 (Flood Fringe) district on Lots 22 and 23 , Block W, Riverview Heights, generally located at 7995 Riverview Heights N.E. 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 April 20, 1992 . 2 . PUBLIC HEARING FOR CONSIDERATION TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" : MOTION by Ms. Savage, seconded by Ms. Sherek, toopen e public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSM BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING SEN AT 7 : 42 P.M. Ms. McPherson stated that staff has en working on a new zoning district entitled "M-3 , Heavy Ind rial, Outdoor Intensive Zoning District" . The work sta has done has been at the request of the City Council a the City Council is concerned about maximizing the amoun of property value that would be obtained from the develo ent of the remaining industrial properties in the Cit There is also a concern about the value of the properties w ' ch have "outdoor intensive uses" , i.e. , trucking terminal , construction yards (such as Park Construction) , o use a large proportion of the property for outdoor stora e of materials and equipment. Ms. McPhe on stated the Commission has received information regard ' g the analysis completed by staff including a comparison of t values of outdoor intensive uses versus typical de elopments. Staff was not able to draw a direct correlation I ' Z. PLANNING COMMISSION MEETING, APRIL 8, 1992 PAGE 4 between the percentage of the outdoor use versus the actual property value; however, in general , outdoor uses do have a lower per square foot value versus a typical industrial development` which may have up to 40% of the property covered by a build-ing. Ms. McPherson stated staff also researched other commun#ies ' ordinance requirements as to where they locate uses su/dh as trucking terminals or how they regulate their outdoor/, storage. They found that, in general, most other communities/Aocate trucking terminals in one particular area of the city. They also require special use permits for outdoor storage. ;"There are also a number of communities which prohibit junkyardo"which was also one of the components in the discussion by the City Council. Ms. McPherson stated that after reviewing t information collected, staff developed several alternai.ves for the City Council to consider. Ms. McPherson stated the first option 'uld be to create the proposed M-3 zoning district in text �ly. The intent of the M-3 district would be to include trucking terminals, contractors' yards, and to remove those uses fro�i° the M-1 and M-2 districts where they currently exist. The �rst option would not include a zoning option by which they would• only create the text and they . would not rezone properties to e new district. Ms. McPherson stated the seco d option was also to create the new M-3 zoning district regulati ns. In addition, they would also rezone certain properties the City to M-3 . The area proposed to be rezoned has a numbe of vacant parcels. Park Construction, ANR Trucking, and Joseph and Trucking located in this area are also proposed to be inc ded in the M-3 district as permitted uses. This option all s the uses to remain conforming in the new zoning district. Ms. McPherson state the third option is to maintain the current ordinance and use he special use permit requirement to control the location of n w uses. In that instance, the existing uses would remain con orming and the burden of proof would be on the City to determi e denial of a special use permit. Ms. McPherson stated the City Council concurred with staff ' s recommendati n to go with option 2 , to create the M-3 zoning district r ulations in text and to also rezone that portion of the City oposed for rezoning. This option allows the most flexibil ' y for the property owners while still maintaining the intent e Council has regarding controlling outdoor intensive uses. ny new uses which may wish to locate in other parts of the City, other than the M-3 district, would need to request a rez ing. In addition, the M-3 district, while permitting tr cking terminals and outdoor intensive uses, would also include ose uses which are currently permitted in the M-1 and M-2 STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : April 8, 1992 FRIDLLY CITY COUNCIL DATE : April 20, 1992 AUTHOR MM/dn REQUEST PERMIT NUMBER SP 492-02 APPLICANT Steven Lipa PROPOSED REQUEST To allow construction of a dwelling in the Flood Fringe .(CRP-2) District. LOCATION 7995 Riverview Terrace N.E. SITE DATA SIZE 8,670 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the north, south, and & ZONING east; Mississippi River to the west. UTILITIES Available to site. PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS - - - - - - - - - - - - - - - - - STAFF RECOMMENDATION Approval with stipulations . APPEALS RECOMMENDATION PLANNING COMMISSION Approval with stipulations. RECOMMENDATION 11M Staff Report SP #92-02 , Steven Lipa Page 2 Request The petitioner requests that a special use permit be issued to allow construction of a new single family dwelling unit in the CRP-2 (Flood Fringe) district. The request is for Lots 22 and 23 , Block W. Riverview Heights, the same being 7995 Riverview Terrace N.E. Site The subject parcel is located at the corner of Dover Street and Riverview Terrace in Riverview Heights. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Analysis The subject parcel meets all of the lot width and lot area requirements. The lot has been a platted lot of record since prior to 1955; therefore, the minimum lot area need only be 7 , 500 square feet (Section 205. 07 . 03 .A. (2) ) . The location of the proposed dwelling meets all of the required setbacks. The petitioner is proposing to move the house 2 1/2 feet to the west (toward Riverview Terrace) to take advantage of the view of the river. The lot coverage is 21. 6% . A split level dwelling unit is proposed, with no habitable spaces below the regulatory flood elevation. There will be accessory uses, such as a laundry area, below the regulatory flood elevation; however, this is permitted. A crawl space is also proposed, and all spaces below the flood elevation are required to be flood proofed according to current flood proofing regulations. The Engineering Department has requested a ten foot street easement along Riverview Terrace, which has been signed and returned by the petitioner. The City should require a hold-harmless agreement to release the City of any liability for issuing the special use permit. The petitioner should also submit an elevation certificate to verify the first floor elevation once construction is completed. Recommendation and Stipulations As the request meets all of the code requirements for recommending approval of a special use permit for construction in the flood fringe district, staff recommends that the Planning Commission recommend approval of the request to the City Council, with the following stipulations: 1. A hold-harmless agreement releasing the City from liability shall be recorded against the property. 11P Staff Report SP #92-02 , Steven Lipa Page 3 2 . The petitioner shall submit an elevation certificate completed by a registered surveyor once construction is completed, to verify the first floor elevation. 3 . All areas below the regulatory flood elevation shall be flood proofed in accordance with current codes. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 11Q FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 10 MOTION by Councilwoman Jorgenson to waive the first read' g and approve the ordinance on first reading. Seconded by uncilman Billings. Upon a voice vote, all voting aye, Mayor a declared the motion carried unanimously. 10. RECEIVE ITEMS FROM THE PLANNING COMM SION MEETING OF OCTOBER 16, 1991: A. ESTABLISH PUBLIC HEARING FOR MAY1992 FOR A VACATION SAV 91-04 BY BOB'S PRODUCE RANCII, TO VACATE THAT PART OF 77TH AVENUE LYING EASTERLY OF WrE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 1 BLO 1 EAST RANCH ESTATES THIRD ADDITION ALL AS PLATTED ANb OF RECORD IN THE OFFICE OF THE COUNTY RECORDER ANOKA CQtNTY, MINNESOTA GENERALLY LOCATED AT 7620 UNIVERSITY AVENTA N.E. : MOTION by Councilman Bi ings to establish a public hearing for a Vacation, SAV #91-04, y Bob's Produce Ranch for May 4, 1992. Seconded by Councilw an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee dec red the motion carried unanimously. B. ESTABLISH UBLIC HEARING FOR MAY 4 1992 FOR A REZONING ZOA #91-2(3 , BY BOB'S PRODUCE RANCH TO REZONE FROM M-2 , HEAVY INDUSTRIAL TO C-3 GENERAL SHOPPING CENTER, ON LOT 1, BLOCK 1, EAST RANCH ESTATES THIRD ADDITION GENERALLY LOCATED AT 762,6 UNIVERSITY AVENUE N.E. : MOTI by Councilman Billings to establish a public hearing for Ma 4, 1992, for a Rezoning, ZOA #91-03, by Bob's Produce Ranch. conded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11 RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 8 , 1992 • A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-02 , BY STEVEN LIPA, TO ALLOW CONSTRUCTION OF A DWELLING IN THE CRP-2 (FLOOD FRINGE) DISTRICT GENERALLY LOCATED AT 7995 RIVERVIEW TERRACE N.E. Ms. Dacy, Community Development Director, stated that the property is located in the southeast corner of Dover Street and Riverview Terrace, and is almost 9, 000 square feet. She stated it has 67 feet of frontage on Riverview Terrace and 150 feet of frontage on Dover Street. She stated that the property is zoned R-1, Single Family, and is located in the Flood Fringe District of the Mississippi River. She stated that the petitioner is proposing to construct a 1, 200 square foot split-entry home with a two car garage and a driveway from Dover Street. She stated that the parcel does not need any setback variances. Ms. Dacy stated that the Planning Commission recommended approval of the Special Use Permit request, subject to three stipulations which she outlined. FRIDLEY CITY COUNCIL MEETING OF APRIL 20 , 1992 PAGE 9 MOTION by Councilman Billings to have staff research creat' g a new Chapter 111, that provides for food establishment licens 'AIg for the City. Seconded by Councilwoman Jorgenson. Upon a voi e vote, all voting aye, Mayor Nee declared the motion carried u nimously. 9. FIRST READING OF AN ORDINANCE RECODIFYING E FRIDLEY CITY CODE CHAPTER 603 ENTITLED "INTOXICATING LI OR, 11 BY DELETING SECTION 603 . 24 . 02 .A. 1 GAMBLING ENDORSEME REGULATIONS AND RENUMBERING THE REMAINING SECTIONS CONSE UTIVELY: Mr. Hill, Public Safety Director, stated at in 1990 the State Legislature made changes in its gambling r ulations which required the City of Fridley to review its local ambling ordinances. He stated that in several recommended chan es many regulatory type of requirements were deleted. Mr. Hill stated that one of the ite changed was the intoxicating liquor gambling endorsement unde a liquor license versus a charitable lawful gambling license. He stated that the maximum rent was increased from $100 to/�$600 per month. Mr. Hill stated that lastyear he State again raised the rent from $600 to $1, 000 per month. He stated it was staff' s recommendation to remove the rent cap from Section 603 . 24 . 02 .A. 1 of the Fridley City Code, which was curr ntly $600, and have the rent be the maximum amount the State allows, which is currently $1, 000 per month. Councilwoman Jorgenson stated that if we increased the rent to $1, 000 per month/waaudited th e are some organizations in the City that have been cng $1, 000 per month since last year. Mr. Hill sat they could find out when an organization started pay000 by requesting that information from lawful gambling orions. He stated that in one case, because the organizatioudited by the State, they know what they were paying. Hethat they were paying $1, 000 per month, but it was broken o two checks. He stated one check was for $600 per month f , and the other was for $400 for garbage removal and incidene stated that was not allowed under State laws. He stated ,that State regulations would allow the lawful gambling organization to pay the hauler directly. Council tan Jorgenson stated that if the law was passed in August, some of the charitable gambling organizations have been paid approximately $3 , 200 more than what they needed to several organizations. She asked what happened to the organizations that have been paying the increased rent to the establishments if the ordinance was changed. She asked if that money was refunded to the ooV6anization. �r. Hill stated that it was staff' s recommendation that the establishments collecting the rent be notified that they should be returning the money to the charitable organizations. N14 FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 12 Ms. Dacy stated that she had spoken to Tim Yantos, Deputy County Administrator for Anoka County, and there appeared tobe an issue of who would be completing the preliminary engineerin studies. She stated that up to this time, it was their underst nding that the Rail Authority was doing it. She stated tha there is a proposed bill that would allocate that responsi lity to the Minnesota Department of Transportation. She stat d that if the responsibility is given to the Minnesota Department of Transportation, they might have to start over. She stated that the Planning Commission and s ff recommended that a letter submitting the comments on the nvironmental Impact Statement be sent to the Rail Authority. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and staff and t submit a letter and the comments on the Environmental Impact atement for the Northeast Corridor Light Rail Transit System to e Rail Authority. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri d unanimously. MOTION by Councilwoman Jorgenso to receive the minutes of the Planning Commission meeting o April 8, 1992 . Seconded by Councilman Billings. Upon a v ce vote, all voting aye, Mayor Nee declared the motion carried u animously. 12 . RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 1991 CAPITAL IMPROVEMENT F ND STREET DIVISION: MOTION by Councilman Bi ings to table this item to May 4, 1992 . Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. 13. RESOLUTION NO 37 - 1992 ORDERING IMPROVEMENT AND ADVERTISEMENT OR BIDS FOR ELECTRICAL SERVICE UPDATE FOR WELL NOS. 2 4 5./ 6 AND 7 PROJECT NO. 238: Mr. Flora, Public Works Director, indicated that this project is in the Five Y r Capital Improvement program scheduled for this year. He sta d that it consists of providing individual electric service to e ch of the wells. He stated staff recommended that Council app ove this resolution. MOTION by Councilman Billings to adopt Resolution No. 37 - 1992. Seconded y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ma or Nee declared the motion carried unanimously. 14 . or/ STATUS REPORTS: Th e were no informal status reports. 15. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 42684 through 42930. Seconded by Councilman Billings. Upon a FV_ FRIDLEY CITY COUNCIL MEETING OF APRIL 20 1992 PAGE 11 Ms. Dacy stated that the petitioner has dedicated to the City a 10 foot easement along the front of the property. Councilwoman Jorgenson asked if the petitioner would be able to obtain flood insurance if the house was located in the Flood Fringe District. Ms. Dacy replied that they would. MOTION by Councilwoman Jorgenson to approve Special Use Permit, SP #92-02, by Steven Lipa, with the following stipulations: (1) A hold harmless agreement releasing the City from liability shall be recorded against the property; (2) the petitioner shall submit an elevation certificate completed by a registered surveyor once construction has been completed to verify the first floor elevation; and (3) all areas below the regulatory flood elevation shall be flood-proofed in accordance with the current codes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b. MOTION TO APPROVE COMMENTS ON THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTHEAST CORRIDOR LIGHT RAIL RANSIT SYSTEM: Ms. Dacy, Community Development Director, stated at in July, 1991, there were four general comments about the L' t Rail Transit system. She stated that the final Environmenta Impact Statement addressed two of the comments, and they were sent 1 waiting for more information on the other two comments. Ms. Dacy stated that the Rail Authority dentified the amount of properties to be acquired for park- nd-ride sites and their assessed valuation. She stated tha of the communities in the corridor, Fridley will have the owest amount of properties` acquired, representing 13 percent f the total acquisition. Ms. Dacy stated that the other uestion regarded staging plans for the park-and-rides sites loc ed at 53rd and 57th Avenues. She stated that the Rail Author' y responded and said the EIS did not state a preference. to whi one would occur first, and indicated that could be decided i future phases. Ms. Dacy stated that a remaining two issues concerned the access of the Fire and P ice Departments, and whether LRT should be constructed in t s area. She stated that the Rail Authority referred to so e of the regional studies that are currently underway by e Metropolitan Council and the Regional Transit Board. She tated that the studies did not specifically address this area, but they are recommending that LRT be constructed between t e two downtowns. She stated that it may be several years before T is built in this area. Ms. cy stated that with respect to access by the Fire and Police Dep rtments, the EIS stated that additional information would be de available during the preliminary engineering stage. i CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE April 23 , 1992 Steven Lipa 8249 Thomas Avenue North Brooklyn Park, MN 55444 Dear Mr. Lipa: On April 20, 1992 , the Fridley City Council officially approved your request for a special use permit, SP #92-021, to allow construction of a dwelling in the CRP-2 (Flood Fringe) district, on Lots 22 and 23 , Block W, Riverview Heights, generally located at 7995 Riverview Terrace N.E. , with the following stipulations: 1. A hold-harmless agreement releasing the City from liability shall be recorded against the property. 2 . The petitioner shall submit an elevation certificate completed by a registered surveyor once construction is completed, to verify the first floor elevation. 3 . All areas below the regulatory flood elevation shall be flood proofed in accordance with current codes. Please sign the enclosed agreement and return it to Michele McPherson. If your property is Torrens, we will need your Owner' s Duplicate Certificate of Title to record the agreement. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP 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 7 , 1992 . Concur with action taken t AGREEMENT THIS AGREEMENT, dated April 20 , 1992, by and between Steven A. Lipa and Antoinette M. Lipa (hereinafter referred to as "owners") , and the City of Fridley (hereinafter referred to as "the city") . WHEREAS, the owners own residential real estate in the city located at 7995 Riverview Terrace and legally described as follows: Lots 22-23, Block W, Riverview Heights, (hereinafter referred to as "the subject property") ; and WHEREAS, said property is located within the CRP-2 Flood Fringe district; and WHEREAS, the owners are interested in constructing a single- family dwelling unit on their property; and WHEREAS, the construction involves a non-habitable utility area and crawl space which will be at an elevation below the regulatory flood plain elevation; and WHEREAS, the city has agreed to issue a special use permit allowing the construction upon certain conditions. NOW, THEREFORE, in consideration of granting the special use permit, Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns hereby covenant and agree as follows: 1. That the utility area and crawl space shall not be altered without approval from the city. 2 . That the utility area and crawl spaces, which are below the regulatory flood elevation, shall not be used nor made usable a as a habitable space as defined in the city's building code. 3 . That they shall hold the city harmless for any injuries or damages to property by reason of the construction of the addition below the regulatory flood plain. 4. Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns shall defend the city against any and all claims arising as a result of construction within the flood plain. The city may defend and charge the costs of such defense against Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the city's behalf. 5. Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns agree to promptly pay any sums due under this agreement. The city may pursue judgments to collect the amounts owing under this agreement and if said sums are not promptly paid, the city may assess the costs against the subject property. CITY OF FRIDLEY By: William W. Burns Its City Manager Steven A. Lipa Antoinette M. Lipa • (2 AGREEMENT THIS AGREEMENT, dated �yHP�AI , 1992, by and between Steven A. Lipa and Antoinette M. Lipa, husband and wife (hereinafter referred to as "owners") , and the City of Fridley (hereinafter referred to as "the city") . WHEREAS, the owners own residential real estate in the city located at 7995 Riverview Terrace and legally described as follows: Lots 22-23, Block W, Riverview Heights, (hereinafter referred to as "the subject property") ; and WHEREAS, said property is located within the CRP-2 Flood Fringe district, and WHEREAS, the owners are interested in constructing a single- family dwelling unit on their property; and WHEREAS, the construction involves a non-habitable utility area and crawl space which will be at an elevation below the regulatory flood plain elevation; and WHEREAS, the city has agreed to issue a special use permit allowing the construction upon certain conditions. NOW, THEREFORE, in consideration of granting the special use permit, Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns hereby covenant and agree as follows: 1. That the utility area and crawl space shall not be altered without approval from the city. 2 . That the utility area and crawl spaces, which are below the regulatory flood elevation, shall not be used nor made usable as a habitable space as defined in the city's building code. 3 . That they shall hold the city harmless for any injuries or damages to property by reason of the construction of the addition below the regulatory flood plain. 4. Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns shall defend the city against any and all claims arising as a result of construction within the flood plain. The city may defend and charge the costs of such defense against Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the city's behalf. 5. Steven A. Lipa, Antoinette M. Lipa, their heirs, successors and assigns agree to promptly pay any sums due under this agreement. The city may pursue judgments to collect the amounts owing under this agreement and if said sums are not promptly paid, the city may assess the costs against the subject property. CITY OF FRIDLEY BY= psi.--- William W. Bu s Its City Manager r� Steven A. Lipa (hus and) QKfk,� M. Antoinette M. Lip (wife) STATE OF MINNESOTA) ) ss. COUNTY OF � ) The foregoing instrument was acknowledged before me this g-�K day of6,� , 1992, by Steven A. Lipa and Antoinette M. Lipa, husb nd and wife. NotarX cV ;V A. si11itIAH0 LKII�� NOTARY PUptIC-MINNESOTA HENNEPIN COUNTYMy CoMon Exams Nov.9,1994 STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The for esg ing instrument was acknowledged before me this day of - 1992, by William W. Burns, City Manager � '�. L�-k.<_ of the City of Fridley. Notary Public ROBERTA COS7A NOTARYAANOKA COU My Cann.E*Oct 21.1999 x r_ 1060314 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS `COUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) Atic 111 110 'o AM In the Matter of: a special use permit, SP #92-02 P T. Owner: Steven Lipa The above entitled matter came before the City Council of the City of Fridley and was heard on the 20th day of April ' 19 92 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow construction of a dwelling in the CRP-2 (Flood Fringe) district, on Lots 22 and 23, Block W, Riverview Heights, generally located at 7995 Riverview Terrace N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with three stipulations. See City Council minutes of April 20, 1992. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, 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 3 R D day of , 19 '73 . DRAFT D BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 j William A. Champa, City Cler (SEAT;) FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 10 I .MOTION by Councilwoman Jorgenson to waive the first reading and approve the ordinance on first reading. Seconded by Co u ilman Billings. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously. 10. RECEIVE ITEMS FROM THE PLANNING COMMISS N MEETING OF OCTOBER 16 1991• A. ESTABLISH PUBLIC HEARING FOR MAY 4 Z992 . FOR A VACATION SAV 91-04 BY BOB'S PRODUCE RANCH TO VACATE THAT PART OF 77TH AVENUE LYING EASTERLY OF THE ORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 1 BLOCK EAST RANCH ESTATES THIRD ADDITION ALL AS PLATTED AND ,6F RECORD IN THE OFFICE OF THE COUNTY RECORDER, ANOKA COUNFfY. MINNESOTA, GENERALLY LOCATED AT 7620 UNIVERSITY AVENU .E. : MOTION by Councilman Bill ' gs to establish a public hearing for a Vacation, SAV #91-04, Bob's Produce Ranch for May 4 , 1992. Seconded by Councilwom Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decla ed the motion carried unanimously. B. ESTABLISH P BLIC HEARING FOR MAY 4 1992 FOR A REZONING ZOA 91-0 BY BOB'S PRODUCE RANCH TO REZONE FROM M-2 HEAVY INDUSTR L TO C-3 GENERAL SHOPPING CENTER ON LOT 1 BLOCK 1 EAST NCH ESTATES THIRD ADDITION GENERALLY LOCATED AT 762 UNIVERSITY AVENUE N.E. : MOTIO by Councilman Billings to establish a public hearing for May 4, 1992, for a Rezoning, ZOA #91-03 , by Bob's Produce Ranch. S on by Councilwoman Jorgenson. Upon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously. 11 RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 8 , 1992 • A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-02 , BY STEVEN T P TO 21 T T T•. !'ONSTDTT.^TTOM !'1T+` DWELLING WE T NP's IN THE C T\ 2 (FLOOD rT OD I� ., �.�0. a.Vil, sl.,.. A DniLLIl ,J sta 1r7� CRP-2 ��LOVL FRINGE)v DISTRICT, GENERALLY LOCATED AT 7995 RIVERVI_EW TERRACE N.E. Ms. Dacy, Community Development Director, stated that the property is located in the southeast corner of Dover Street and Riverview Terrace, and is almost 9, 000 square feet. She stated it has 67 feet of frontage on Riverview Terrace and 150 feet of frontage on Dover Street. She stated that the property is zoned R-1, Single Family, and is located in the Flood Fringe District of the Mississippi River. She stated that the petitioner is proposing to construct a 1, 200 square foot split-entry home with a two car garage and a driveway from Dover Street. She stated that the parcel does not need any setback variances. Ms. Dacy stated that the Planning Commission recommended approval of the Special Use Permit request, subject to three stipulations which she outlined. FRIDLEY CITY COUNCIL MEETING OF APRIL 20, 1992 PAGE 11 Ms. Dacy stated that the petitioner has dedicated to the City a 10 foot easement along the front of the property. Councilwoman- Jorgenson asked if the petitioner would be able to obtain flood insurance if the house was located in the Flood Fringe District. Ms. Dacy replied that they would. MOTION by Councilwoman Jorgenson to approve Special Use Permit, SP #92-02, by Steven Lipa, with the following stipulations: (1) A hold harmless agreement releasing the City from liability shall be recorded against the property; (2) the petitioner shall submit an elevation certificate completed by a registered surveyor once construction has been completed to verify the first floor elevation; and (3) all areas below the regulatory flood elevation shall be flood-proofed in accordance with the current codes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. b. MOTION TO APPROVE COMMENTS ON THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE NORTHEAST CORRIDOR LIGHT RAIL TRANSIT SYSTEM: Ms. Dacy, Community Development Director, stated that in Ju , 1991, there were four general comments about the Light Rail Tr sit system. She stated that the final Environmental Impact S ement addressed two of the comments, and they were still waitin for more information on the other two comments. Ms. Dacy stated that the Rail Authority identifi the amount of properties to be acquired for park-and-ride sites and their assessed valuation. She stated that of th communities in the corridor, Fridley will have the lowest amount of properties acquired, representing 13 percent of the otal acquisition. Ms. Dacy stated that the other quest' n regarded staging plans for the park-and-rides sites located 53rd and 57th Avenues. She stated that the Rail Authoritv r ponded and said the EIS did not state a pXehe nce. to which o would occur first, and indicated that coulcided in fut e phases. Ms. Dacy that the emaining two issues concerned the access of the Fd Poli Departments, and whether LRT should be constructthis rea. She stated that the Rail Authority referred me f the regional studies that are currently underway e etropolitan Council and the Regional Transit Board. Sed that the studies did not specifically address this arethey are recommending that LRT be constructed between tdowntowns. She stated that it may be several years before Lilt in this area. Ms. D cy stated that with respect to access by the Fire and Police Dep tments, the EIS stated that additional information would be m e available during the preliminary engineering stage. 1060314 Numerical Grantor, Grantee_,; Recorded r Checked Margin Yk: Tr. f•_t OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF AYDKA I hereby certify that the within instru- ment was fijpAin this office for record on the ��AA11141tir7� 9 1993 Al o'clock,'IM., rid was du recor ed Cdwar tv reska. C y Rec d r�`4 v