SP92-10 SP #92-10
Justin Droessler
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City of Fridley
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,October 14,1992 at 7:30 p.m.
for the purpose of:
Consideratan of a Special Use Permit,SP#92-
10,by Justin Droessler,per Section 205.24.04.(D)of
the Fridley City Code,to allow construction in the
CRP-2 District(flood fringe)on Lots 31 and 32,
Block S,Riverview Heights,generally located at
9141 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 October 7,1992.
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
(September 29,October 6,1992)Fridley
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, October 14 , 1992 at 7 : 30 p.m.
for the purpose of:
Consideration of a Special Use Permit, SP #92-
10, by Justin Droessler, per Section
205. 24 . 04 . (D) of the Fridley City Code, to
allow construction in the CRP-2 District (flood
fringe) on Lots 31 and 32 , Block S, Riverview
Heights, generally located at 8141 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 October
7, 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: September 29, 1992
October 6, 1992
SP 492-10
Justin Droessler
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SEC.J l
6N LOCATION MAP
SP #92-10 Planning 9/25/92
8141 RIVERVIEW TERRACE
JUSTIN DROESSLER Council
MAILING LIST
Justin Droess.ler Richard Burgess. Roy Klingbeil
8141 Riverview 'Terrace 670 Hugo Street N:E. 8199 Riverview Terrace
Fridley, Mn 55432 Fridley, MN 55432 Fridley, MN 55432
Robert Johnson Douglas. Cloutier - Planning Comm. Chair
680 Glencoe Street N.E. 666 Hugo Street N.E.
Fridley, MN 55432 Fridley, M 55432
Robert Fournier JeffreyNelson
8095 Riverview Terrace City Council
Fridley, MN 55.432 8125 Riverview Terrace
Fridley, MN '55432
John Rice Victor and Gerda Smith
669 Hugo Street N.E. 696 Hugo Street N;E. 3300 Louisiana Avenue South
Fridley, MN 55432 Fridley, MN ' 55432 St. Louis Park, MN 55426
David Taylor
677 .Hugo Street N.E. R�-dlard Lincoln
Fridley, MN 55432 681 Glencoe Street N:E.
Fridley, MN 55432
George Elliott John Rice
695 Hugo Street N.E. 683 Glencoe Street N-E.
Fridley, MJ 55432 Fridley, MN 55432
Kerry Patton
690 Ironton Street N.E. Chester Schack
Fridley, MV 55432 685 Glencoe Street N.E.
Fridley, MN 55432
Nada Sogge Donald Schneppmuell
680 Ironton Street N.E. 8151 Riverview Terra
Fridley, My 55432 Fridley, m 55432
Gerald B.lilie
680 Hugo Street N.E. Igor Woyno
Fridley, MV 55432 8181 Riverview Terrace
Fridley, My 55432
DIVISION l COMBINATION REQUEST
Division Municipality FRIDLEY Date 9 / 29 / 92
Combination For taxes payable in 19 93
Fee owner: Justin G Droessler
Contract purchaser:
Taxpayer name: Justin G Droessler
Address: 8141 Riverview Terrace
Fridley MN 55432
PIN LOT BLK SUBDIVISION OR DESCRIPTION
R03-30-24-23-0184 31 S River View Heights
R03-30-24-23-0185 32 S River View Heights
Note: If this is a request for a division of a tax parcel, the legal
descriptions of the new parcels must be attached.
X
QFee owner []Contract purchaser
Note: If the request is by a contract purchaser, the applicant must already
appear as' the contract purchaser in the county tax records or a copy of the
contract for deed must be attached.
Checked for delinquent taxes by: Date:-
6U
ate:6U
COMMISSION APPLICATION REVIEW
FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SP #92-10CITYOF 48 9/23/92 10/ 14/92 Allow construction in CRP-2 (flood fring )
FRIDLEY by Justin Droessler; 8141 Riverview Terr.
COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT.
OJIM- 1313 D. COMMENTS
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SP //92-10
Justin Dr oessler
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SUBURBAN ENGINEERING, INC.
6R SITE PLAN
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, OCTOBER 14, 1992
CALL TO ORDER: /
Chairperson Betzold called the October 14 , 1992 , Planning
Commission meeting to order at 7: 30 p.m.
ROLL CALL:
Members Present: Don Betzold, Dave Kondrick, Dean Saba,
Sue Sherek, Diane Savage, Connie Modig,
Brad Sielaff
Members Absent: None
Others Present: Barbara r)dcy, Community Development Director
Micheli cPherson, Planning Assistant
Justirf Droessler, 8141 Riverview Terrace
ZBob "Schroer_, 7620 University Avenue N.E.
Lindquist, 200 Ely Street N.E.
Bob Lehraz, 490 Rice Creek Boulevard
Peggy Smith, 170 Liberty Street N.E.
APPROVAL O SEPTEMBER 9 ; 1992 PLANNING COMMISSION MINUTES:
M/ber
Mr. Kondrick, seconded by Ms. Sherek, to approve the
S9, 1992 , Planning Commission minutes as written.
UCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
'MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#92-10, BY JUSTIN DROESSLER:
Per Section 205.24 .04 . (D) of the Fridley City code, to allow
construction in the CRP-2 District (flood fringe) on Lots 31
and 32 , Block S, Riverview Heights, generally located at 8141
Riverview Terrace N.E.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7 :32 P.M.
Ms. McPherson stated the property is located at the intersection
of Riverview Terrace and Hugo Street. The property is zoned R-1,
Single Family Dwelling. The petitioner is proposing to construct
PLANNING COMMISSION MEETING. OCTOBER 14, 1992 PAGE 2
a 20 ft. by 24 ft. attached garage onto the existing single car
garage and single family dwelling unit.
Ms. McPherson stated that in addition to the special use permit,
the petitioner has also applied for a variance. The variance
request was to reduce the rear yard setback from 29 feet to 8 feet
to allow the proposed accessory structure to be constructed. The
total addition would enlarge the petitioner's existing single car
garage to a three-car garage.
Ms. McPherson stated the property is located in the CRP-2 or Flood
Fringe District. The Zoning Code does allow construction in the
Flood Fringe District; however, a special use permit must be
granted by the City prior to construction of either habitable or
accessory structures. Habitable structures are required by Federal
Law and the Zoning Code to be constructed one foot above the
regulatory flood elevation. However, accessory structures can be*
constructed below the regulatory flood elevation if they are
floodproofed according with to applicable regulations. If the
special use permit is approved, staff has stipulated that the
expansion of the accessory structure would be floodproofed in
accordance with the applicable regulations.
Ms. McPherson stated the Engineering Department had requested that
the petitioner execute a 20 foot street and utility easement along
Riverview Terrace for the future expansion of Riverview Terrace to
meet Minnesota State Aid Street Standards. However, staff has
since been advised by the City Attorney that the City cannot
require the petitioner to sign the easement as a condition of
approval. Therefore, stipulation #1 as recommended by staff should
be struck by the Planning Commission.
Ms. McPherson stated the petitioner does have the option of con-
structing a detached accessory structure which would not require
a setback variance. The Appeals Commission recommended that a
variance only be granted to enlarge the existing garage to a two-
car garage, which would reduce the rear yard setback to 18 feet
from the requested 8 feet.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the special use permit request
either for the first proposal of the expanded garage or for the
second proposal of the detached accessory structure, with the
following stipulation:
1. The expanded accessory structure shall be floodproofed
in accordance with all applicable regulations.
Mr. Betzold stated that in the past whenever they have had a
request for construction in the floodplain, the Planning Commission
has usually recommended that the petitioner sign a hold harmless
agreement to prevent any lawsuit against the City. Has the City
PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 3
Attorney ever given any opinion on whether or not a hold harmless
agreement should be required?
Ms. McPherson stated the City Attorney has never given any
indication as to whether or not a hold harmless agreement should
be required in all instances or only be required with the construc-
tion of habitable space. A hold harmless agreement would
specifically state that in addition to the special use permit, the
City acknowledges that the petitioner is constructing in the flood
fringe, that it is possible the property may flood; however, while
the City is granting permission for the construction, it is not to
be held liable for any damage that would occur as a result of the
City granting the special use permit.
Mr. Betzold stated he would like the City to require a hold
harmless agreement whenever there is any construction in the Flood
Fringe District.
Mr. Betzold stated that in the staff report, staff had also
recommended a second stipulation: "Variance request, VAR #92-19,
shall be approved. "
Ms. McPherson stated the petitioner's preferred option is to expand
the existing garage which requires the variance. However, it would
be possible to construct a detached accessory without violating the
setback requirements to the Zoning Code. He has enough space to
meet the 3 foot setback required in . the Zoning Code. Therefore,
she believed that stipulation #2 is no longer necessary.
Mr. Droessler stated he had nothing to add to the Staff Report.
MOTION by Ms. Sherek, 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 7:55 P.M.
MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City
Council approval of Special Use Permit, SP #92-10, by Justin
Droessler, per Section 205..24. 04 . (D) of the Fridley City code, to
allow construction in the CRP-2 District (flood fringe) on Lots 31
and 32, Block S, Riverview Heights, generally located at 8141
Riverview Terrace N.E. , with the following stipulations:
1. The expanded accessory structure shall be floodproofed
in accordance with all applicable regulations.
2 . The petitioner shall sign and record against the property
a hold harmless agreement which releases the City from
any liability.
PLANNING COMMISSION MEETING, OCTOBER 14, 1992 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated that the variance request and special use
permit request will go to City Council on November 9, 1992.
2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S.
#92-_06, LYNDALE GARDEN CENTER, BY ROBERT SCHROER OF EAST RANCH
ESTATES:
To replat Lot 1, Block 1, East Ranch Estates 1st Addition; Lot
1, Block 1, East Ranch Estates 3rd Addition, including that
part of vacated 77th Avenue; the south 33 feet of Lot 5, Block
2 , East Ranch Estates 2nd Addition, including that part of
vacated 77th Avenue; and Lot 4, Block 2, East Ranch Estates
2nd Addition, except the east 200 feet thereof., as measured
parallel with the east line of 'said Lot 4, and .also .except the.
west 115 feet of the east 315 feet of the north 160 feet of
said lot, Anoka County, Minnesota, generally located at 7620
University Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M.
Ms. McPherson stated the property i ,, located at the intersection
of the West University Avenue Service Road and Osborne Road. In
the past year, the City has processed several land use requests for
this parcel, including a rezon g, a lot split, and a street
vacation for the redevelopment/site. In addition to the plat
request, there is also a variance request regarding the rear yard
setback, the required number/ of parking spaces, and, while not
associated with the plat, t re was also a sign variance request.
The variance request was eviewed by the Appeals Commission on
October 6, 1992 .
Ms. McPherson stated hat during the original review of the
proposed development, t was the intention that Bob' s Produce would
continue to own the tire redevelopment parcel and would lease a
portion of the sit or building to Lyndale Garden Center as a
secondary tenant. his particular request is generated as a result
of Lyndale Gardep/ Center wanting to create its own lot for fee
simple ownership! The request is similar, but more complicated,
to the request/by Skywood Mall and Kelly Inn to divide ownership
along a zero of line. Unlike that request, the buildings are at
a 90 degreegle to one another versus at the same building line.
J
Ms. McPherson stated this plat request is unique in that the parcel
is unigi /ly shaped. There are also easements held by the
Metropo itan Waste Control Commission and the St. Paul Waterworks
which imit the site's developability. The buildings are located
at �,
STAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date: October 14, 1992
City Council Date : November 9, 1992
REQUEST
Permit Number SP #92-10
Applicant Justin Droessler
Proposed To permit construction of an accessory structure in the
Request CRP-2 (Flood Fringe) District.
Location 8141 Riverview Terrace N.E.
SITE DATA
Size 6,959. 19 square feet
Density
Present Zoning R-1 , Single Family Dwelling
Present Land Use(s) Single Family
Adjacent R-1 , Single Family Dwelling to the North, South, and East
Zoning
Adjacent Land Use(s) Single Family
Utilities
Park Dedication
i
Watershed District Six Cities
ANALYSIS
Financial Implications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECOMMENDATION
Staff Approval
Appeals Commission
Planning Commission Approval with stipulations
Author MM/dn
6M
A
Staff Report
SP #92-10, by Justin Droessler
Page 2
Request
The petitioner requests that a special use permit be issued to
allow construction of an expanded accessory structure in the
CRP-2 (Flood Fringe) District. In addition to the special use
permit request, the petitioner has applied for a variance to reduce
the rear yard setback from 29 feet to 8 feet. The Appeals
Commission reviewed the variance request at their October 6, 1992
meeting. The requests are for Lots 31 and 32 , Block S, Riverview
Heights, generally located at 8141 Riverview Terrace N.E.
Site
Located on the property is a one story single family dwelling unit
with an attached single car garage. The property is zoned R-1,
Single Family Dwelling, as are all adjacent properties.
Analysis
The petitioner is proposing to expand the existing single car
garage to a three stall garage. The proposed addition is 20 ' x
241 . The Appeals Commission recommended to the City Council that
a variance be approved to reduce the rear yard setback from 29 feet
to 18 feet to allow the expansion of the existing garage to a two
car garage.
Section 205. 24 . 05 requires that a special use permit be issued to
allow construction of structures in the CRP-2 (Flood Fringe)
District. Structures for habitation are required to be constructed
at an elevation a minimum of one foot above the regulatory flood
elevation. However, accessory structures, such as garages, may be
constructed below the regulatory flood elevation. The ordinance
requires that the accessory structure be flood-proofed in
accordance with the flood-proofing standards to the height of
regulatory flood elevation. The proposed accessory structure could
be constructed to meet these requirements.
The City Attorney is currently researching whether the City can
require dedication of a 20 foot easement along Riverview Terrace.
We hope to have an update by Wednesday' s meeting.
Recommendation
Staff recommends that the Planning Commission recommend approval
of the special use permit to allow construction of an accessory
structure in the flood fringe district, with the following
stipulations:
6P
Staff Report
SP #92-10, by Justin Droessler
Page 3
1. A 20 foot street easement shall be executed over Lots 31 and
32, Block S, Riverview Heights.
2 . Variance request, VAR #92-19, shall be approved.
3 . The expanded accessory structure shall be flood-proofed in
accordance with all applicable regulations.
Planning Commission Action
The Planning Commission voted unanimously to recommend approval of
the request to the City Council . The Planning Commission voted to
amend the stipulations by deleting numbers 1 and 2 , and adding the
following:
1. The petitioner shall sign and record against the property a
hold harmless agreement which releases the City from any
liability.
City Council Recommendation
Staff recommends that the City Council concur with the Planning
Commission recommendation.
6Q
Community Development Department
u PLANNING DIVISION
City of Fridley
DATE: October 14 , 1992
TO: Virgil Herrick, City Attorney
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Easement Request for 8141 Riverview Terrace
N.E.
We have received a special use permit and variance application for
8141 Riverview Terrace N.E. The Engineering Department has
requested that the City obtain, as a condition of approval, a 20
foot street and utility easement across the subject parcel for the
potential future expansion of Riverview Terrace (see attached site
plan) . Our question to you is, can the City require the petitioner
to execute an easement which is not directly related to the
petitioner's request? We would like your response in writing as
soon as possible, as the special use permit request will be
reviewed by the Planning Commission on October 14 , 1992 . Both the
variance and special use permit requests are scheduled to be
reviewed by the City Council on November 9, 1992 .
MM/dn
M-92-628
6V
[� Community Development Department
PLANNING DIVISION
City of Fridley
DATE: November 5, 1992
TO: William Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Special Use Permit Request, SP #92-10, by
Justin Droessler; 8141 Riverview Terrace N.E.
Attached please find the above-referenced staff report. The
subject parcel is located in the CRP-2 (Flood Fringe) district;
therefore, a special use permit is required to be issued prior to
the petitioner constructing an expansion of the existing accessory
structure. The Planning Commission voted unanimously to recommend
approval of the request to the City Council with one stipulation:
1. The petitioner shall sign and record against the property a
hold harmless agreement which releases the City from any
liability.
Staff recommends the City Council concur with the Planning
Commission action.
MM/dn
M-92-674
6L
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9 1992 PAGE 5
however, it is his personal feeling that if a varianc s going to
be granted, it is the elected officials that will h e to take the
extra step since they are the ones who are re onsible to the
citizens.
Councilman Schneider stated that he has problem with Councilman
Billings ' concept as long as it is a ied one hundred percent.
He stated that he felt this varianc would upgrade the property.
He stated that he recognizes staff is applying a strict
interpretation of the code, and a is happy they are doing this in
their recommendation to the C mission and to Council.
Mr. Droessler stated that he adjacent neighbor has stated that he
had no problem with th variance as requested.
MOTION by Council n Fitzpatrick to grant Variance Request,
VAR #92-19, to re ce the rear yard setback from 29 feet to 8 feet,
at 8141 Rivervi Terrace N.E. , with the stipulation that Special
Use Permit.. #9- -10, be approved. Seconded by Councilman Billings.
Upon a voic vote, all voting aye, Mayor Nee declared the motion
carried u nimously.
Mayor ee stated that he appreciated staff's and the Appeals
Com ssion's work knowing they are trying to accomplish the overall
p poses for the City. He stated that he felt, in this case, the
ddition was an improvement.
6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 14 1992:
A. SPECIAL USE PERMIT REQUEST, SP #92-10, BY JUSTIN DROESSLER,
TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE)
GENERALLY LOCATED AT 8141 RIVERVIEW TERRACE N.E. :
Ms. Dacy, Community Development Director, stated that this request
is for a special use permit to allow construction in the flood
plain.
MOTION by Councilman Fitzpatrick to grant Special Use Permit
Request, SP #92-10, with the following stipulations: (1) the
expanded accessory structure shall be floodproofed in accordance
with all applicable regulations; and (2) the petitioner shall sign
and record against the property a hold harmless agreement which
releases the City from any liability. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 6
B. ESTABLISH _ PUBLIC HEARING FOR NOVEMBER 23 , 1992 FOR A
PRELIMINARY PLAT REQUEST, P.S. #92-06, LYNDALE GARDEN CENTER
BY ROBERT SCHROER OF EAST RANCH ESTATES TO REPLAT PROPERT
GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E. :
MOTION by Councilman Fitzpatrick to set the public h ring for
November 23 , 1992 for Preliminary Plat Request, P #92-06.
Seconded by Councilwoman Jorgenson. Upon a voice vot , all voting
aye, Mayor Nee declared the motion carried unanimo ly.
C. ESTABLISH PUBLIC HEARING FOR NOVEMBER 23 19 FOR A REZONING
REQUEST, ZOA 92-06 BY THE CITY OF FRIDLEY TO REZONE CERTAIN
PROPERTIES FROM M-2 HEAVY INDUSTRIA TO M-3 OUTDOOR
INTENSIVE, HEAVY INDUSTRIAL: .
MOTION by Councilman Fitzpatrick to set he public hearing for
November 231 1992 for Rezoning Request, OA #92-06. Seconded by
Councilman Billings. Upon a voice vote all voting aye, Mayor Nee
declared the motion carried unanimous
MOTION by Councilman Fitzpatrick receive the minutes of the
Planning Commission Meeting of O tober 14, 1992 . Seconded by
Councilwoman Jorgenson. Upon a v ice vote, all voting aye, Mayor
Nee declared the motion carried nanimously.
7. RECEIVE THE MINUTES OF HE PLANNING COMMISSION MEETING OF
OCTOBER 28 , 1992 :
A. SPECIAL USE ' PERMIT R UEST SP 92-11 BY CELLULAR ONE TO
ALLOW RADIO TRANSM TERS AND MICROWAVE TOWERS GENERALLY
LOCATED AT 5330 IND STRIAL BOULEVARD N.E. :
Ms. Dacy, Com/ntbe
elopment Director, stated that Cellular One
is requestingcial use permit to install a one hundred foot
transmitting d accessory structure to handle mobile phone
signals. Shthat this tower would be located in an
industrial pauld be unobtrusive. She stated that staff's
concern was ito liability, and she recommends that a hold
harmless agreexecuted.
Ms. Dacystatthe petitioner has testified that the tower
can sustain bstantial winds up to two hundred miles per hour, and
the probab' ity of the tower falling is very small. She stated
that Mr. unlap from Cellular One was present this evening to
answer a questions.
MOTION y Councilman Fitzpatrick to concur with the recommendation
of the lanning Commission and grant Special Use Permit, SP #92-11,
with he following stipulation: (1) the petitioner and . fee owner
shal execute a hold harmless agreement which releases the City
fro any liability as a result of granting this special use permit.
C11Y OF
FFUDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
November 13, 1992
Justin Droessler
8141 Riverview Terrace N.E.
Fridley, MN 55432
Dear Mr. Droessier:
On November 9, 1992, the Fridley City Council officially approved
your request for a Special Use Permit, SP #92-10, to allow
construction in the CRP-2 District (flood fringe) on Lots 31 and
32 , Block S, Riverview Heights, generally located at 8141 Riverview
Terrace N.E. , with the following stipulation:
1. The expanded accessory structure shall be flood-proofed in
accordance with all applicable regulations.
2 . The petitioner shall sign and record against the property a
hold harmless agreement which releases the City from any
liability.
You have one year from the date of City Council action to initiate
construction. If you cannot begin construction in time, you must
submit a letter requesting an extension at least three weeks prior
to the expiration date.
If you have any questions regarding the above action, please call
me at 572-3590.
Sin r ly,
ku_�
Barbara Dacy, AICP
Community Development Director
cc: Victor and Gerda Smith
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Department by November 27,
1992 .
Concur with action taken
AGREEMENT
THIS AGREEMENT entered into this .2 3 day of /�10(� , 1992
is between Justin G. Droessler (hereinafter referred to as
"Droessler") , and the City of Fridley (hereinafter the "City") .
WHEREAS, Droessler owns residential property within the flood
fringe district in the City of Fridley at 8141 Riverview Terrace
N.E. , and is legally described as Lots 31 and 32 , Block S,
Riverview Heights (hereinafter the "Property") , and
WHEREAS, Droessler has requested a special use permit from the City
to allow the construction of a garage on the Property.
NOW, THEREFORE, in consideration of the granting of the special use
permit by the City of Fridley, Justin Droessler, his heirs,
successors and assigns, hereby agrees to hold the City of Fridley
harmless for any damage to the Property by reason of its location
within the CRP-2 (flood fringe) district and agrees to reimburse
the City of Fridley for any costs incurred in defending against any
such claim for damages.
IT IS ALSO AGREED that Justin Droessler, his heirs, successors and
assigns, understands that the garage shall never be converted to
a habitable living area. Any such conversion shall void the
special use permit and shall make the entire addition a
nonconforming use.
A,
� J stin G. Droessler
CITY OF FRIDLEY
By // //= 2!Ld��
William W. Burns - City Manager
STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS
~COUNTY OF ANOKA ) SPECIAL USE PERMIT
CITY OF FRIDLEY ) 1062523
In the Matter of: a special use permit, SP #92-10
Owner: Victor and Gerda Smith (petitioner: Justin Droessler)
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 9th day of November , 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 in the CRP-2 (flood fringe) District, on Lots 31 and 32, Block S,
Riverview Heights, generally located at 8141 Riverview Terrace 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 November 9, 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 theday of
19 '73
DRAFT D BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
William A. Champa, City Clerk
44 ,
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 5
however, it is his personal feeling that if a variance is going to
be granted, it is the elected officials that will have to take the
extra step since they are the ones who are respons' e to the
citizens.
Councilman Schneider stated that he has no pro em with Councilman
Billings' concept as long as it is applie one hundred percent.
He stated that he felt this variance wo upgrade the property.
He stated that he recognizes sta is applying a strict
interpretation of the code, and he i appy they are doing this in
their recommendation to the Commi ion and to Council.
Mr. Droessler stated that the djacent neighbor has stated that. he
had no problem with the va 'ance as requested.
MOTION by Councilman itzpatrick to grant Variance Request,
VAR #92-19, to reduc the rear yard setback from 29 feet to 8 feet,
at 8141 Riverview errace N.E. , with the stipulation that Special
Use Permit,. #92- 0, be approved. Seconded by Councilman Billings.
Upon a. voice ote, all voting aye, Mayor Nee declared the motion
carried un mously.
Mayor ee stated '
y that he appreciated staff s and the Appeals
Co ' sion's work knowing they are trying to accomplish the overall
p poses for the City. He stated that he felt, in this case, the
ddition was an improvement.
6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 14 , 1992:
A. SPECIAL USE PERMIT REQUEST, SP #92-10 BY JUSTIN DROESSLER
TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE),
GENERALLY LOCATED AT 8141 RIVERVIEW TERRACE N.E. :
Ms. Dacy, Community Development Director, stated that this request
is for a special use permit to allow construction in the flood
plain.
MOTION by Councilman Fitzpatrick to grant Special Use Permit
Request, SP #92-10, with the following stipulations: (1) the
expanded accessory structure shall be floodproofed in accordance
with all applicable regulations; and (2) the petitioner shall sign
and record against the property a hold harmless agreement which
releases the City from any liability. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
1062525 'I
N imerical,Z
Grantor
Grantee
Recorded
Checked _
Margin
Ica index,;
CD
C,
C..J
bli
h1•
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA, COtlNTY OF ANOKA
is
I hereby certify that the within•, instru-
ment was filed in this office for retard
on the 31
/o'clock .A., and was duly recorded.
Edward A. Treska, C unty emp,corder
By
I
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