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SP97-07 W CITY OF FRIDLEY _ 6431 UNIVERSITY AVEN FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY INFORMATION: - site plan required for submittal, see attached Address: Z ,L , Property Identification Number: Legal Description.- Lot Block Tract/Addition Z Current Zoning: S uare footage/acreage: Reason for Special Use: V am Have you operated a business in a city which required a business license? Yes No X, If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No ----------------- FEE OWNER INFORMATION (as it appears on the property title) (Co t p r asers: Fee owners must sign this form prior to processing) NAME. ADDRESS: I DAYTIME PHONE. SIGNATURE/DA 5� VIV1V.V.VV.VArNV.V/V.V/�r.V/V�rV.VV.V/VNV.VVVV.V/V1V.Vnr.Vti.VN'V.V.V.VNVNVV.V.V.V.V.V/VNVN.V N.V.V.V.V NV�r�r PETITIONER INFORMATION NAME, U L_ [ A)In CZL4 ADDRESS: DAYTIME PHONE SIGNATURE/DATEtW- Section of City Code: FEES F . $100.00--X Residential Second Accessory $400.00 Others App ion Number: Receipt#: Received By: Scheduled Planning Commission Date: r .T/% 1P'z l7 9�'r'7 Scheduled City Council Date: () -0l�ruz / 10 Day Application Complete Notification Date: Z5 tel. 60 Day Date: j �-,�� - 14, <l a i LAND USE APPLICATION FILE CHECKLIST Date Created: dii Al File Number: -Ul Summary of Request: (! A. _ 14 vv- `7 e�- Date Submitted: Application Deadline: 10 Day Completion Notice: 2 (Official Receiving Date) 60 Day Action Date: 101,-4- 1, , understand that while my application was submitted for (applicant's name) review on , the application deadline is: , and the 60 day action window will not begin until I receive a letter stating that my application is complete. I also understand that the City may, at any time during the 60 day action window, in writing, notify me that the process will be extended an additional 60 days. (signed) (witnessed by receiver) Application Found Complete yes no Application Completion Notices Mailed: i3 X77 Scheduled Planning Commission: Scheduled Appeals Commission: Scheduled City CounciliL- -1 August 13, 1997 Paul Litwinczuk 6291 Central Avenue 9201 East Bloomington Freeway, Suite H Fridley, MN 55432 Bloomington, MN 55420 Dear Mr. Litwinczuk: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a special use permit on August 8, 1997. This letter serves to inform you that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Planning Commission September 17, 1997 City Council approval October 13, 1997 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:ls C-97-155 miry Or rnmey 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, September 17,1997 at 7:30 p.m.for the pur- pose of: Consideration of a special use permit, SP #97-07, by Paul Litwinczuk,to grant approval to maintain an existing 18'x 20'garage,on Lot 17,except the South 55 feet thereof,Auditor's Subdivision No.22, generally located at 6291 Central Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be referred Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson,Planning Assistant 572-3593. 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 September 10,1997. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 4, 11, 1997) Fridley, Columbia Heights Focus News 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, September 17, 1997 at 7 :30 p.m. for the purpose of : Consideration of a special use permit, SP #97-07, by Paul Litwinczuk, to grant approval to maintain an existing 18' x 20' garage, on Lot 17, except the South 55 feet thereof, Auditor' s Subdivision No. 22, generally located at 6291 Central Avenue N.E. 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 Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant 572-3593 . 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 September 10, 1997 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 4, 1997 September 11, 1997 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All Property Owners/Residents within 350 Feet of Property Located at 6291 Central.Avenue N.E. CASE NUMBER: Special Use Permit, SP #97-07 APPLICANT: Paul Litwinczuk PURPOSE: To grant approval to maintain an existing 18' x 20' garage. LOCATION OF 6291 Central Avenue N.E. PROPERTYAND Lot 17, except the South 55 feet thereof of Auditor's LEGAL Subdivision No. 22 DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, September 17, 1997 at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator or Michele McPherson, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 10, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant at 572-3593. Publish: September 4, 1997 September 11, 1997 uV Chur s -4M1 64 AVE NE 64AVE NE W Z a s 1 � 1 RICE(MEEK RD NE RICE CREB(RD NE 6i7gi �F W z Ri a heti S HFAIk9t PIL NE EE_ &VIP 1 1 7VyDW)"NE rM Zoning Designations.: N o -OneFey '�2m ts SP 97-07, 6291 Central Avenue A I 0 R3 -Genera K ice Units 2/26/97 0 R.4 -Mobile Hoare Parks M pUD-Rarned Urit Deueloprrrent Is ®S-S2 -F"Park`� 'd The petitioner, Paul Litwi nczuk = -Redevelopment District Compiled and drawn from offiaal records based 0 C-1 -Local Bus ness on Ordinance No.70 and Zoning Map effective C-2 -coral&aness requests that a special use date 1271%together with all amending ord in- C-3 -General ShoWng ances adopted and effective as of 2/17/97. M C-R1-GenedOffice permit be approved to allow F7 Mt-1 -Light Industrial ------ I MF2 -Heavy Industrial the continuance of a 18'x20' The City of Fridley has taken every effort to pro- U MF3 -outdoor ktensive Heavy Ind. vide the most up-to-date information available. RR -Railroads P Public Faaldies detached garage. The data presented here is subject to change. The City of Fridley will not be responsible for RG 30.07 unforeseen errors or usage of this doctxrent. I � Po(�iT-0F WAY Special use permit, SP #97-07 Paul Litwinczuk Mailed: 8/26/97 US FEDERAL CREDIT UNION ZIEBART OF MINNESOTA INC HOLMGREN ENTERPRISES INC OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6303 CENTRAL AVE NE 6300 CENTRAL AVE NE 6301 CENTRAL AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 KLUCSAR YOAVA JANKOWSKI EUGENE&MARY J MILES DOROTHY M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1420 RICE CREEK RD NE 1400 RICE CREEK RD NE 1370 RICE CREEK RD NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 LITWINCZUK PAUL QUALITY GROWTH LTD STENHOFF GREGORY D OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6291 CENTRAL AVE NE 1250 E MOORE LAKE DR NE 6283 CENTRAL AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 HARTFIEL RICHARD&DONALENE MORGAN HAROLD M&NORMA A BUE MARK D&MARY K OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6271 CENTRAL AVE NE 6245 CENTRAL AVE NE 6229 CENTRAL AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT US FEDERAL CREDIT UNION CURRENT RESIDENT 1250 MOORE LK DR NE 1252 MOORE LAKE DR NE 1271 E MOORE LAKE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HOLMGREN ENTERPRISES INC MILES DOROTHY M JANKOWSKI EUGENE & MARY J 1323 RICE CREEK RD NE 1370 RICE CREEK RD NE 1400 RICE CREEK RD NE MINNEAPOLIS, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KLUCSAR YOAVA QUALITY GROWTH LTD GREENVILLE COLLEGE 1420 RICE CREEK RD NE 3002 ELM ST 315 E COLLEGE AVE FRIDLEY, MN 55432 FARGO, ND 58102 GREENVILLE, IL 62246 ERICKSON DANIEL H BUE MARK D & MARK K BRICKNER THOMAS E 4611 E 36TH ST 6229 CENTRAL AVE NE 6240 HWY 65 SUITE 208 MPLS, MN 55406 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MORGAN HAROLD M & NORMA A CURRENT RESIDENT SPOONER CALEB J 6245 CENTRAL AVE NE 6249 BEN MORE DR NE 6271 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 STENHOFF GREGORY D LITWINCZUK PAUL ZIEBART OF MINNESOTA INC 6283 CENTRAL AVE NE 6291 CENTRAL AVE NE 6300 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT US FEDERAL CREDIT UNION 6301 CENTRAL AVE NE 6303 CENTRAL AVE NE 6303 OLD CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT FRID EY CITY OF FRIDLEY CITY OF 6330 CENTRAL AVE NE Bad A �MN ss 1 Bacl"Address 2 FRIDLEY, MN 55432 FRIDLE 0 FRIDLEY, MN 0 P City of Community Development Department Fridley Special Use Permit Notification HIM- mAE rt �I Y # W � walm" G ' B e It &� 9 --. ;7� B \�. vEswo� ,7g� � � 3 enacxE roHE —_ 6�� aaxanEw� F � nu E r3 � `r wasnNa� i R-1-One Family Units 0 M-11-Light Industrial Sources: R-2-Two Family Units =M-2-Heavy Industrial N Fridley Planning R-3-General Multiple Units M•3- Outdoor Intensive Heavy Industrial Fridley GIS Z R-4-Mobile Home Parks P-Public Facilities Anoka Coun GIS LJJ �PUD-Planned Unit Development � S-1-Hyde Park Neighborhoods 0�-Railroads Special Use Permit Revocation Hearing �'County Assessing S-2-Redevelopment District p LU G1-Local Business /V paw i Lot Lire 6291 Central Avenue J C-2-General Business Water Features Mr. Paul Litwinczuk G3-General Shopping GR1-General Office CITYOF CITY OF FRIDLEY FRIDLEY COMMISSION APPLICATION REVIEW ------------------------------------------------------- ------------------------------------------------------- File Number 30 File Date 8/26/97 Meeting Date 9/ 17/97 ------------------------------------------------------- ------------------------------------------------------- Description: Special Use Permit, SP #97-07, by Paul Litwinczuk, to grant approval to maintain an existing 18' x 20' garage, on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue NE -------------------=----------------------------------- ------------------------------------------------------- * * Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Haukaas Asst. Public Works Director xY x xr�`Yai^xk x. � MEMORANDUM &v M DEVELOPMENT DIRECTOR IWO, 0M„C vekopment DATE: October 23, 1997 i ` TO: William Burns, City Manager ,,, `. FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #97-07, by Paul Litwinczuk; 6291 Central Avenue N.E. This item was tabled by the City Council at their October 13, 1997 City Council meeting due to lack of attendance by the petitioner. Staff has contacted the petitioner and insured that he will be in attendance at the City Council meeting. M M/dw M-97-439 30.01 Parcels within 350' of 6291 Central Avenue o �W SP 497-07 N Osr o UJ w �, Paul Litwinczuk N 1� -• -- 56'99--- _ � �� WgL Q I / — o I O N `ll1 T195V \\ 1Sv N Ui O OIx ib m N I 0' 0'Z I m I N N u � to N r p�d- \ mO z \m\ i% J � • N It tv � \ a d H SE'S m zo•sz s, I "' I � 3� ws W I C-4 W N I Q two a. I U)-:1 \\ d1 N 0 0 0 •�W m ` I N 00 O zF W LL`J _2 °d v 0 U L•� I I W m v :22 W O J U W m v 'o I 5 5 z sl o to v z �m s C4 I�` m I,0 I Rx • X I IK D N IJ \lei m SLL OG IQ W Y O W 10 Iw > 04 0 CI W �a I _ ��12f3A1(10 d W7 Y0, 1-N �. _--Z!•L9--- •Alli-Vissi I AN154'l98 Q '01 L, M„1Z,65,00 N U. I �� = E n I WZW 0 o a CO �W ygg Ln '014'588 9584 LA NISVg 92nD HJ 1V7 ,kmmadob snoNiwn_ue 4 __ - 30.08 r Y i r r (�l r Q� 11 Hill ■ - I H. 11111 �rn jr m � m Z Im J� t 1 O mt r' p ' F;5 u, n 1�W4�� r s, a',a..- •.s�,, ;a:+ � .'rs�"�t"'-�s�sy,.'k��..,'�aS"+�+�°` f �� K�ar �i �Pc'l,:;W ! y v.;�, s'^4a�a'` �,�'}.. 471, 7� tw- -41 R� A N 6 ° 7 b ,i �i rt i a a 7 N 6 p �: o r 00 c � 0 � m t PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 28 6217 Central Avenue N.E. Ms. Modig stated in her opinion there are too many issu s that are not resolved regarding the final plat, Outlot B, and e 30-foot easement . She is concerned about whether the City lows shared driveways . She is concerned about density. She ' concerned about the builder and talks with the neighbors ncerns are not required or signed on. She is concerned that he people on Ben More Drive have not had enough input regard' g the access for the road. She thought this had to go back to e drawing board and be redefined. Mr. Kondrick stated those are import t issues and he has no problem with the motion. If they t down to the basics, would we agree that Outlot B exists? If does exist, then it cannot happen and then therefore we wo d deny this application? Mr. Sielaff stated he would e in favor of denying the request because he felt there was hough information out there to make a recommendation. VICE-CHAIRPERSON KOND CK DECLARED THE MOTION FAILED FOR LACK OF A SECOND. MOTION by Ms. Mo ig, seconded by Mr. Sielaff, to recommend denial of Preliminary lat, P.S. #97-04, by the Philip Stephen Companies, Inc. , to res divide the property into six buildable lots for single fam' y homes, on Lots 20 and 21, Auditor's Subdivision No. 22, gener ly located at 6217 Central Avenue N.E. UPON DICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DEC ED THE MOTION CARRIED UNANIMOUSLY. M . Hickok stated this item would be considered by the City ouncil at their meeting of October 13 . 3 . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP 497-07, BY PAUL LITWINCZUK: To grant approval to maintain an existing 18 foot x 20 foot garage on Lot 17, except the South 55 feet thereof, Auditor' s Subdivision No. 22, generally located at 6291 Central Avenue N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 10:12 P.M. Mr. Hickok stated the special use permit request is to allow a 30.09 PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 29 second accessory structure on the property located at 6291 Central Avenue. Mr. Litwinczuk has requested the special use permit to allow the continued use of an existing garage with 360 square feet in area. The property is zoned R-1, Single Family, and is surrounded by R-1 zoning. There is C-1, Local Business District, to the north and across the way is C-2 zoning, Moore Lake Plaza. Mr. Hickok stated a new dwelling was recently constructed on the property including an attached garage of 652 square feet . The subject garage was constructed in 1973 and is detached. A demolition permit was issued for the original dwelling in 1995 . The petitioner was cited for lack of properly completing the demolition as the foundation stayed as an open excavation for a period of time. The structure will be moved closer to the new dwelling, as he understands, next season. The structure will be resided and reroofed and used to store personal items. The setback because it is a corner lot must be 25 feet from Rice Creek Road and there is adequate space. A hardsurface drive is not required because the garage is for personal effects. Mr. Hickok stated staff recommends approval of the special use permit with the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2 . All necessary permits shall be obtained from the City prior to construction. 3 . No driveway access is permitted to Rice Creek Road. 4 . All vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. A "double door" versus an overhead garage door shall be installed. 6 . A letter of credit of $20, 000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project . 7 . Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to revoke the special use permit. Ms . Modig stated, regarding the use of the structure, the corner is very nice. The report states the petitioner will not be using the detached structure as a garage. PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 30 Mr. Litwinczuk stated he wants to use the building as a garage with the existing driveway. The driveway for the attached garage is very short. There is not enough room for parking cars on that part of the driveway. If he has visitors, he wants a place for them to park. You cannot park two cars on the new driveway. Visitors must now park on the street. He wants to keep the curb cut and pave and keep that as a garage. He will reside and reroof it to match the house. He does not want to move the garage. Ms. Modig asked how they could keep the petitioner from using this as a garage if he wants to. Why do we care? Mr. Hickok stated two curb cuts on a corner lot is one issue and they are looking to avoid that . Mr. Litwinczuk stated the curb cuts are there now. Mr. Hickok stated special use permit in most cases is applied for before a structure is built. At that time a separate curb cut would be discussed and evaluated. Early in the discussions, it was understood that, because the structure is in a low area of the lot, the petitioner is going to raise the structure building a short foundation wall below the accessory building. It is staff ' s recommendation that it be moved back from the lot line because it sits a questionable distance from the lot line. Although it may meet the three foot requirement, it is right on the three foot dimension. It was staff 's recommendation, based on that discussion, that if the garage was going to be lifted for a new foundation that it be moved, resided, reroofed, etc. Mr. Kondrick stated it is common to see a stipulation stating that t there be no home business operation in the accessory structure. This is not included. Should that be included as stipulation #8? Mr. Hickok stated this is a standard and he would recommend adding that as an additional stipulation. Ms . Modig asked what they would have to do to let him use the garage. Mr. Hickok stated the Planning Commission has it in its authority to recommend whatever it likes. If you want to allow for a second driveway, he would encourage the motion be structured accordingly. Ms. Modig stated the basis of her question is that the garage is to be used for storage purposes and not be a garage for vehicular storage. Why did you do that? Mr. Hickok stated this is a unique situation. This is a long narrow lot with two garages with two driveways facing one direction. That is atypical to what we see on second accessory 30.11 PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 31 structures. It has a street presence that is less desirable, in staff ' s opinion, than if it were modified to be a storage building even with the garage door width opening but with double doors rather than an overhead door. Ms. Modig asked if the petitioner could still put a car in it if he wanted to. Mr. Hickok stated technically yes. He could not park in front of it, but if it has concrete floor he could park a car in it. If he is going to use it as a garage, then their recommendation would be to have a driveway put in. Aesthetics is one piece of it. It is a relatively narrow lot with two garages and two driveways . Mr. Litwinczuk stated he put a new house where it is because of the existing driveway cut. There is a driveway cut there now for the existing garage. The lot is difficult to build on so he set the house forward. The new driveway is short. He has 25 feet from the garage to the edge of the lot. He can only park one car there. If he has a visitor, they would have to park on the street . The detached garage is already existing, it is three feet from both lot lines, and it does not impact any neighbors. The neighbor to the east has no problem with the request . Her house is located back further. It does not impact any of the commercial properties across the street. He did not think it would hurt anyone by having a driveway there. The curb cuts are existing. Mr. Litwinczuk stated he had problems with stipulation #3 because he wants a driveway access to the detached garage. Stipulation #4 stated vehicles shall be stored on a hardsurface. If there is no hardsurface, he 'cannot park a car there. Stipulation #5 is okay as far as the siding and' roof materials. He wants the same garage door to match the new one on the house, not a double door. He does not want to move the garage. He wants to leave it where it is. He has just planned to have it lifted in order to have several courses of block added. He has no problem with the deadline. Mr. Kondrick asked if he had any problem with not allowing a home business. Mr. Litwinczuk stated that was okay. Mr. Saba stated the summary of issues in the staff report is not consistent with the stipulations. There is some modification required. The summary states the structure cannot be located closer than 25 feet from the Rice Creed Road lot line or north lot line and no closer than five feet to the east and south lot lines. Staff stated three feet was the setback and several pages later it states that three feet is okay. Which is correct? PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 32 Mr. Hickok stated a detached garage can be as close as three feet . It was staff ' s understanding that the garage was going to be moved in which case, with the drainage, five feet is the preferred location. Mr. Sielaff asked the petitioner if it was correct that the size was not correct . Mr. Litwinczuk stated the garage by the house is 24 feet x 24 feet which does not equal what it stated. That is 676 square feet. The staff report states 652 square feet . Mr. Sielaff asked if there was an issue with #3 . Mr. Litwinczuk stated they want to put in a driveway. Ms. Modig asked if they needed stipulation #6 if the petitioner is not going to be moving the structure. Is this needed? Mr. Hickok stated, whether the garage is moved or raised, $20, 000 is the requirement. It is almost the identical process . Mr. Litwinczuk asked staff why they were asking for a letter of credit . Mr. Hickok stated this is standard. This can be issued through a bank or an insurance agency. That is based on the value if the City had to complete the work or the project. Mr. Saba stated it is just to make sure that the project is done. Mr. Litwinczuk stated a special use permit was approved for the garage several years ago. The problem previously arose because the contractor had left debris from the foundation and could not get it removed on time because it was during the winter. This was in February. Mr. Sielaff stated this is not based on risk. Mr. Hickok stated there is a risk for those issuing the letter of credit . If the petitioner does not perform it becomes essentially a loan. The City cashes in on that, completes the work, and the petitioner pays on the value. Mr. Sielaff asked if there was a risk involved. Mr. Hickok stated, with the history, staff wants a bond on this project . MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public hearing. 30. 13 PLANNING COMMISSION MEETING, SEPTEMBER 17, 1997 PAGE 33 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:40 P.M. Mr. Saba stated he has no problem with the request . He would concur with the petitioner to allow him a driveway and remove stipulation ##3 . He would recommend replacing stipulation ##3 stating that no home occupation or business shall be operated in the structure. He would delete the second sentence from stipulation #5 and state an overhead garage door shall be installed. MOTION by Mr. Saba, seconded by Ms. Modig; to recommend approval of Special Use Permit, SP #97-07, by Paul Litwinczuk, to grant approval to maintain an existing 18 foot x 20 foot garage on Lot 17, except the South 55 feet thereof, Auditor' s Subdivision No. 22, generally located at 6291 Central Avenue N.E. , with the following stipulations : 1 . All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2 . All necessary permits shall be obtained from the City prior to construction. 3 . The accessory structure shall not be used for a home occupation. 4 . All vehicles shall be stored on a hardsurface as approved by the City. 5 . The siding and roof materials shall match the exterior of the new dwelling. An overhead garage door shall be installed. 6 . A letter of credit of $20, 000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. 7 . Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to revoke the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated this request will be considered by the City Council at their meeting of October 13 . 4 . l 7 RECEIVE r ES OF THE ENVIRONMENTAL City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E.on Monday,March 1, 1999,at 7:30 p.m,for the purpose of: Consideration of a revocation of Special Use Permit, SP #97-07, by Paul Litwinczuk, to maintain an existing 18' x 20'garage, on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No.22,generally locat- ed at 6291 Central Avenue N.E. 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 Barbara Dacy, Community Development Director at 572- 3590. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than February 22,1999. NANCYJORGENSON MAYOR CITY OF FRIDLEY (February 18, 1999) Fridley, Blaine, Columbia Heights, Hilltop,Spring Lake Park Focus News PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, March 1, 1999, at 7 :30 p.m. for the purpose of : Consideration of a revocation of Special Use Permit, SP #97-07, by Paul Litwinczuk, to maintain an existing 18' x 20' garage, on Lot 17, except the South 55 feet thereof, Auditor' s Subdivision No. 22 , generally located at 6291 Central Avenue N.E. 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 Barbara Dacy, Community Development Director at 572-3590 . 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 February 22 , 1999 . NANCY JORGENSON MAYOR CITY OF FRIDLEY Publish: February 18, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE CITY COUNCIL TO: All property owners/residents within 350 feet of property generally located at 6291 Central Avenue N.E. CASE NUMBER: SP #97-07 APPLICANT. Paul Litwinczuk Petitioner or representative must attend the City Council Meeting. PURPOSE: Consideration of a revocation of Special Use Permit, SP #97- 07, by Paul Litwinczuk, to maintain an existing 18' x 20' garage, on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. LOCATION OF PROPERTYAND 6291 Central Avenue N.E. LEGAL DESCRIPTION: Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22 DATE AND TIME OF City Council Meeting: HEARING: Monday, March 1, 1999, at 7:30 p.m. The City Council Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 22, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 572-3599 or Paul Bolin, Planning Assistant at 572-3593. Publish: February 18, 1999 CITY OF FRIDLEY PROJECT SUMMARY 6291 Central Avenue Special Use Permit Agenda Item: Applicant: Paul Litwinczuk Case Number: SP #97-07 Application Date: August 15, 1997 Staff Reviewer: B. Dacy/S. Hickok Meeting Date: September 17, 1997 October 13, 1997 City Manager Authorization DESCRIPTION OF REQUEST: The petitioner is requesting a special use permit to allow a second accessory structure at 6291 Central Avenue N.E., which is in the southeast corner of Rice Creek Road and Central Avenue. The petitioner has recently constructed a new home with an attached garage (first accessory structure). The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to keep the structure in its current location, re-side, and re-roof it to match the new dwelling. SUMMARY OF ISSUES: The square footage of the proposed structure (360 square feet) combined with the square footage of the first accessory structure (576 square feet) will not exceed the code maximum of 1,400 square feet. Because the petitioner was cited for lack of properly completing demolition work prior to constructing the new dwelling, a letter of credit is recommended to insure timely completion of the project and adherence to stipulations. The northeast corner of the structure is within inches of the three foot setback. The petitioner may either apply for a variance or acknowledge that the structure must meet the setback if destroyed. RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommended approval of the special use permit, SP #97-07, to allow a second accessory structure, with the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. 3. No driveway access is permitted to Rice Creek Road. 4. All vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. A "double door" versus an overhead garage door shall be installed. 6. A letter of credit of$20,000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. 7. Failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. PLANNING COMMISSION ACTION: The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced stipulation #3 to read: "The structure shall not be used for a home occupation." Stipulation #5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from stipulation #6. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 30.02 Project Summary SP #97-07, by Paul Litwinczuk Page 2 PROJECT DETAILS Petition For: A special use permit to allow a second accessory structure in excess of 240 square feet Location of 6291 Central Avenue N.E. Property: Legal Description Part of Lot 17, Auditor's Subdivision No. 22 of Property: Size: 16,694 square feet Topography: Flat Existing Typical suburban, sod, trees Vegetation: Existing R-1, Single Family; Auditor's Subdivision No. 22; 1939 Zoning/Platting: Availability Connected of Municipal Utilities: Vehicular Rice Creek Road Access: Pedestrian N/A Access: Engineering N/A Issues: Comprehensive The zoning and Comprehensive Plan are currently Planning Issues: consistent in this area. Public Hearing To be taken. Comments: 30.03 Project Summary SP #97-07, by Paul Litwinczuk Page 3 ADJACENT SITES WEST: Zoning: C-3, General Shopping Cntr Land Use: Shopping center SOUTH: Zoning: R-1, Single Family Dwelling Land Use: Residential EAST: Zoning: R-1, Single Family Dwelling Land Use: Residential NORTH: Zoning: C-1, Local Business Land Use: Offices Site Planning Issues: REQUEST: The petitioner is requesting a special use permit to allow a second accessory structure at 6291 Central Avenue N.E. The petitioner has recently constructed a new home with an attached garage (first accessory structure). The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to move this structure closer to the new home, re-side and re-roof it, to match the new dwelling. SITE DESCRIPTION/HISTORY: The parcel is located at the southeast corner of the intersection of Central Avenue and Rice Creek Road. The parcel measures 67' x 247'. Lots platted prior to 1955 may be 55 feet. Originally, this lot was 122 feet. However, 55 feet of the lot was split to create a second residential lot in the 1940's (estimate based on building permit file for second residential dwelling). As it is a corner lot, the shortest of the two street frontages is the front yard (Central Avenue side). Located on the parcel is a recently-constructed single family dwelling and the existing 18' x 20' detached garage, for which a permit was issued in 1973. A building permit was issued for the new dwelling on May 28, 1997. A demolition permit to remove the dwelling constructed in the 1930's was obtained on October 20, 1995. The petitioner was cited for lack of properly completing the demolition project by not filling the hole left by the foundation. A bench warrant issued for the petitioner's arrest was recently dismissed given the petitioner's construction of the new home. A special use permit in 1995 for a second accessory structure was granted subject to three stipulations (see attached minutes). A variance was also approved in 1995 to permit an existing encroachment by the former structure. The 1995 special use permit 30.04 Project Summary SP #97-07, by Paul Litwinczuk Page 4 lapsed, given the petitioner's demolition of the original structure and construction of a new home. ANALYSIS: The petitioner intends to keep the existing 18' x 20' second accessory structure in its current location. The petitioner proposes to re-side and re-roof the structure to match the new home and to use it for storage of personal items. It is staffs understanding that the garage is to be used for storage purposes and not to be a garage for vehicular storage. Therefore, the typical requirement for a hardsurface driveway is not recommended, and in its place is a stipulation to prevent access to Rice Creek Road. A detailed plan of the exterior of the proposed garage was not submitted, although the petitioner intends to match it to the existing dwelling. The roof and siding materials should match to the materials on the new dwelling. Further, staff recommends that a "double door" as opposed to an overhead door be used to minimize the garage appearance and to promote a more appealing storage appearance. Because the petitioner was cited for improperly completing work on the property and was slow to comply with requests for activity on the site, a letter of credit insuring completion of the project is recommended. It is also recommended that if the project is not completed by October 1, 1998, a revocation hearing of the special use permit be established. The City cannot automatically revoke a special use permit without conducting a public hearing. The recommended stipulation would speed an enforcement process. RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommended approval of the special use permit, SP #97-07, to allow a second accessory structure, with the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. 3. No driveway access is permitted to Rice Creek Road. 4. All vehicles shall be stored on a hardsurface as approved by the City. 30.05 Project Summary SP #97-07, by Paul Litwinczuk Page 5 5. The siding and roof materials shall match the exterior of the new dwelling. A "double door" versus an overhead garage door shall be installed. 6. A letter of credit of$20,000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. 7. Failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. PLANNING COMMISSION ACTION: The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced stipulation #3 to read: "The structure shall not be used for a home occupation." Stipulation #5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from stipulation #6. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 30.06 FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 25 25. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECONDARY ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that the petitioner is requesting a special use permit to allow a second accessory structure at 6291 Central Avenue which is in the southeast corner of Rice Creek Road and Central Avenue. The petitioner has recently constructed a new home with an attached garage. The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to keep the structure in its current location, and he would like to re-side and re-roof it to match the new dwelling. Mr. Hickok stated that a building permit was issued for the new dwelling on May 28, 1997. A demolition permit to remove the dwelling constructed in the 1930's was obtained on October 20, 1995. The petitioner was cited for lack of properly completing the demolition project by not filling the hole left by the foundation. A bench warrant issued for the petitioner's arrest was recently dismissed given the petitioner's construction of the new home. A special use permit in 1995 for a second accessory structure was granted subject to three stipulations. A variance was also approved in 1995 to permit an existing encroachment by the former structure. The 1995 special use permit lapsed given the petitioner's demolition of the original structure and construction of a new home. Mr. Hickok stated it is staff's understanding that the garage is to be used for storage purposes and not to be a garage for vehicular storage. Therefore, the typical requirement for a hardsurface driveway is not recommended, and in its place is a stipulation to prevent access to Rice Creek Road. Staff recommends a "double door" as opposed to an overhead door to minimize the garage appearance and promote a more appealing storage appearance. All grading, drainage and downspout locations shall be designed in a matter to prevent detrimental runoff impacts to adjacent properties. All vehicles shall be stored on a hardsurface as approved by the City. Siding and roofing materials shall match the exterior of the new dwelling. A$20,000 letter of credit shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to revoke the special use permit. The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced Stipulation No. 3 to read: "The structure shall not be used for a home occupation." Stipulation No. 5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from Stipulation No. 6. Staff recommends that Council concur with the Planning Commission action. Mr. Hickok stated that the sixty-day window is October 28, 1997. MOTION by Councilman Schneider to table Special Use Permit, SP #97-07, by Paul Litwinczuk. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 26 26 RESOLUTION APPROVING A PLAT P.S. #97-4 HEATHER HILLS XORTH BY THE PHILIP STEPHAN COMPANIES INC. TO RESUBD E THE PROPERTY GENERALLY LOCATED AT 6217 CENTRAL AVOWE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that the petitioner has recommend d that this issue be tabled at this time. Mr. Knaak, City Attorney, stated that this is an unusual issue. He ha spoken to the petitioner and their attorney. They expressed a desire to have the matter conti ed for thirty days to try to resolve this issue. Unfortunately, that bumps them up to the si -day rule. The petitioner is asking that the City extend the sixty-day rule for an additi 'nal thirty days. Mr. Knaak recommended continuing an extra thirty days to afford them tim Mr. Knaak stated that upon the request of the developer, i is to be tabled for thirty days. The sixty-day extension is a sixty-day extension which does n t preclude Council from taking action on this item. After the hearing date is up, Council can pr ceed. Councilman Billings stated that the petitioner was 1 to believe that by extending this Council would not discuss the issue. However, Council an Billings had a few questions. On the proposed plan, it looks like there is something on entral Avenue that is 50 feet wide. It appears that 78.6 feet is the size of lot one which is a co r er lot. He asked if the City requires a corner lot to be larger. Mr. Hickok stated that the corner lot is Ian that will be dedicated to this plat as right-of- way. Ms. Dacy stated that 80 feet is the req ' ement on the corner lot. Councilman Billings suggested that tall bring that information back to the petitioner prior to the November 10 deadline. He also uspected Heather Hills may have an area, Outlot A. It was platted in the first Heather Hil addition so a driver would not have to enter from Ben More Drive. He suggested that st bring that to Mr. Domer's attention. If he is negotiating with Outlot B owner and Outlot he might get more support from the Ben More neighborhood. Mr. George Batson, 619 Heather Place, said his residence faces the development. He was also willing to come back t another Council meeting to repeat himself. There are concerns, as the development has a ne name, Heather North instead of Heather Place. He does not know of a single person supp ing this concept. He is present because he was aware that Council may delay this issue. MOTION by ouncilman Schneider to table action for thirty days on this resolution. Seconded by Council n Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried u nimously. j FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 28 10. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR THE RECONSTRUCTION OF 57TH AVENUE BETWEEN T.H. 47 AND MAIN STREET (WARD 3) : Councilwoman Bolkcom stated her only concera1i/ is that the neighborhood is notified of the plans for this ea. Ms . Dacy, Community Development Director, st ed that meetings have been held with the engineer and the pr cess has just begun. Meetings will be conducted with the res ' ents after staff has all the information and after they receiv a response on the Local Communities Act application. MOTION by Councilwoman Bolkcom to approve the joint powers agreement between the City and oka County for the reconstruction of 57th Avenue between T.H. 7 and Main Street. Seconded by Councilman Schneider. Upon voice vote, all voting aye, Mayor Jorgenson declared the moti carried unanimously. 15. RESOLUTION NO. 88- 97 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE pOUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES: Councilman Billi s stated that there are a number of addresses listed twice w' h identical amounts . He asked if this was a duplication o if it covers two different quarters. Mr. Priby Finance Director, stated that this list has been reviewed number of times . If there were duplicates they would not be rt to the County. MOTIO by Councilman Billings to adopt Resolution No. 88-1997 . Sec ded by Councilman Schneider. Upon a voice vote, all voting ay , Mayor Jorgenson declared the motion carried unanimously. OLD BUSINESS: 30. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E . (WARD 2) (TABLED OCTOBER 13, 1997) : MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this was a request for a special use permit to allow a second accessory structure at 6291 Central Avenue. The petitioner recently constructed a new home with an attached garage. The proposed second accessory structure was an existing 360 square foot garage which was built in 1973 . Staff is recommending approval with seven stipulations . Councilman Schneider asked if there is an issue with the two driveways . e FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 P E 27 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1108 THE SECOND READING, WITH THE FOLLOWING STIPULATIONS, AND ORDERE PUBLICATION: APPROVAL OF VAR REQUEST #97-18; (2) A NEW LANDSCAP PLAN WILL BE REQUIRED AND SHALL BE APPROVED BY STAFF PRIOR T ISSUANCE OF A BUILDING PERMIT; AND (3) A COMPREHENSIVE PLAN NDMENT WILL BE REQUIRED ON THE PORTION OF THE PROPERTY T IS CURRENTLY DESIGNATED AS RESIDENTIAL. 5. FIRST READING OF AN ORDINANCE AMENDI G CHAPTER 602, 'BEER LICENSING, " OF THE FRIDLEY CITY CODE, O DELETE THE WORD "NON- INTOXICATING" AND REPLACE IT WITH 113. 2 PERCENT " AND TO AMEND SECTION 602.05.0l .C, AND APPROVE OFFICIAL TITLE AND SUMMARY: MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading, and the official title and summary. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Section 602 . 13, Item 1, third line, of the ordinance by deleting the words "after August 1, 1983" and changing the fourth line by substituting 11340A. 409, " instead of 340 . 95. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE T N ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson de ed the motion carried unanimously. 8. RESOLUTION SU PORTING DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN RITAGE RIVER: Councilman Sch eider stated that he was concerned about any financial commitment if this resolution is adopted. Ms . Dacy, ommunity Development Director, stated that if the Mississippi River receives this designation there is the possibilit of allocation of funds for projects within the river area and ¢cooperation between agencies and local government. If Council cyesired further information, this could be provided for the Nov/ilman 10, 1997 Council meeting. MOTy Councilman Schneider to table this item to November 10, 199direct staff to provide further information. Seconded by CouBarnette. Upon a voice vote, all voting aye, Mayor Jor declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE'30 Ms . Vasecka, 6909 Hickory Drive, asked what would be corWsidered legal notification for the public hearing and if the noti e had to be addressed to the legal property owners . Mr. Knaak stated that it should be addressed to the 1 al property owners, but the key issue is that the notice has to rrive at the address of the property that is receiving the assess ent. He asked Ms . Vasecka if she received the notice. Ms . Vasecka stated that she did, but her husba d did _not get the notice. If it was not addressed to him then he,, would not have seen it. Ms: Vasecka stated that the petition submit ed did not specifically address this particular assessment or the amount being assessed. She asked if that was considered a legal petition for the assessment. Mr. Knaak stated that if the ultimat amount is greater than what was anticipated then it is allowed. Ms . Vasecka asked if the dredg' g was complete even though no dredging has taken place by the orm drain in front of her home. Mr. Flora, Public Works Direct , answered in the affirmative. Ms . Vasecka asked if this wo ld be considered proper notice if the original petition was file prior to additional information given on the shortcomings of the, dredging. Mr. Knaak stated that the entire public hearing process is for the purpose of considering these kinds of issues . Ms. Vasecka asked C ncil to keep in mind that total information was not given to r idents about the depth of the assessment. so, the cost was to h e been $40, 000 rather than $54, 000. She would like Council to ake into consideration the fact that when they were originally assessed for the dam they were told no additional assessment wou be passed by the Council regarding this project. The dredging, n her mind, is not complete, and she had discussions with John F ora and the DNR regarding this issue. At the beginning, he concern of the residents was that additional assessment would be made, and they were given assurances by Council t at there would be no additional assessment. Residents were tol that if they did not sign the petition there would be no improve ent. Mayor Jorgenson asked Ms. Vasecka if she is saying residents were coer ed into signing the petition. Ms . Vasecka stated that is what she is saying. Ms . Vasecka asked the elevation of the lake. V - . - 01 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 29 Mr. Flora, Public Works Director, stated that the second accessory structure is far enough back from the intersection to not be a problem. Councilman Schneider stated that it would be better to have the vehicles parked in the garage rather than on the street. Mayor Jorgenson stated she was concerned that this may be used for a home occupation. She was also concerned with the amount of dirt on the site. Mr. Litwinczuk, the petitioner, asked if he could drain his property to the curb. Mr. Knaak, City Attorney, stated that if a property owner has any area on his property where water stands for a period of time it may be considered a wetland, and the property owner cannot fill it. MOTION by Councilman Schneider to grant Special Use Permit, SP 497-07, with the following stipulations : (1) all grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties; (2) all necessary permits shall be obtained from the City prior to construction; (3) the structure shall not be used for a home occupation; (4) all vehicles shall be stored on a hardsurface as approved by the City; (5) the siding and roof materials shall match the exterior of the new dwelling. An overhead garage door shall be installed; (6) a letter of credit of $20, 000 shall be submitted prior to issuance of a building permit to ensure timely completion of the project; and (7) failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. Seconded by Councilman Barnette. UPON A VOICE VOTE, Councilman Schneider, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. MOTION by Councilman Schneider to request staff to meet with the petitioner regarding options on the dirt located on his property. Seconded by Councilman Billings . Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 31 . RESOLUTION NO. 93-1997 ADOPTING ASSESSMENT OR LOCRE LAEE DAM EXCAVATION PROJECT NO. 255: Mr. Knaak, City Attorney, stated that ere has to be a written communication objection to this asse ment, and then it becomes a process by the District Court. T City is then notified when the matter is set for trial in the D' trict Court. FRIDLEY CITY COUNCIL MEETING OF MAR/H 1 1999 PAGE 4 Ms. Jones, Planning Assistant/Recycling Coordin or, explained that there were two main reasons why Fridley was considering reducing the SW fees at this time; one is due to the closure of the Fridley Recycling Center and the other is the reduction in the curbside recycling contract costs that were budgeted for 1999. Staff looke at two different options; reducing the fee in the amount of seventy-five cents per quarter d reducing the fee in the amount of fifty cents per quarter. She explained that reducing the fee by seventy-five cents per quarter would allow the City to maximize the amount of SCOR funds for 1999 but provide too much revenue for 1999 and 2000. Therefore, it appeared tha the reduction of fifty cents per quarter would be more appropriate. The reduction would tak effect with the April 1999 utility billing. With no further questions or com ents, there was a MOTION by Councilmember Bolkcom to close the public hearing at 7:55 p. . Seconded by Councilmember Billings. UPON A VOICE VOTE, L MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTI N CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED T 7:55 P.M. NEW BUSINESS: 10. FIRST READI G OF AN ORDINANCE AMENDING CHAPTER 113 ENTITLED "S LID WASTE DISPOSAL AND RECYCLING COLLECTION" BY AMENDIN SECTION 113.07 AND ALSO AMENDING CHAPTER 11 ENTITLED " NERAL PROVISIONS AND FEES" BY AMENDING SECTION 11.10 "FEES". MOTION by Counc' member Barnette to approve the first reading of an ordinance amending Chapter 113, Ental d "Solid Waste Disposal and Recycling Collection," by Amending Section 1 13.07, and also ending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fe s". Seconded by Councilmember Bolkcom. UPON A VOI E VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED T E MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 6. CONSIDER THE REVOCATION OF SPECIAL USE PERMIT #97-07, TO PAUL LITWINCZUK, GRANTING APPROVAL TO MAINTAIN AN EXISTING GARAGE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, provided Council with a brief summary of the Special Use Permit process. He noted that there often are times where the Planning Commission must consider placing stipulations on the special use permit application in order to assure that the property continues to be compatible with the surrounding land uses. These stipulations assure FRIDLEY CITY COUNCIL MEETING OF MARCH 1 1999 PAGE 3 5. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney For the Month of February, 1999 $5,000.00 MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRRIED:UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to move Item 9 and Item 10 to the front of the agenda, immediately following Open Forum. SOconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson noted that tl�ls is the time set aside for residents to speak about issues not on the agenda. There were no questions or%comments from the public. PUBLIC HEARINGS: 9. CONSIDER REDUCING THE SOLID WASTE ABATEMENT PROGRAM (SWAP) FEES IN 1999: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at 7:50 p.m. Seconde� by Councilmember Wolfe. 1 i UPON A VOI�ZE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED /THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 5 that there are litigating features to allow the uses to co-exist. Both the Planning Commission and the City Council must approve of the stipulations placed on the special use permit application. Mr. Hickok noted that special use permits and conditional use permits are both terms used interchangeably and both legally recognized by the state statutes. He explained that a conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in the section shall prevent a municipality from enacting or amending official controls to change the status of conditional uses. Under the language of the statute, the permit is only valid as long as the conditions agreed upon are observed. Mr. Hickok further stated that it is Mr. Knaak, the City Attorney's, opinion that if any conditions are not (in staff's opinion) being met on the conditional use permits, the permits are no longer valid in their entirety. The City Council cannot act on such situation until there has been a public haring and a finding of the violation by the City Council. MOTION by Councilmember Billings to open the public hearing at 8:00 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:00 P.M. Mr. Hickok explained that the subject property is located at 6291 Central Avenue N.E. In this case, a special use permit was issued in 1997 to allow Mr. Paul Litwinczuk to allow him to keep an existing garage on his property as an accessory structure. At the time Mr. Litwinczuk applied for the special use permit, construction was underway for a new home on the property with an attached garage. Seven stipulations accompanied the approved special use permit; three of which Mr. Litwinczuk has failed to adhere to. The violations include vehicles being parked off the hard-surface riverway, no roofing and siding improvements to the existing garage to blend the building in with the new home/garage, and lack of the required letter of credit. The special use permit stated that failure to complete the project by October 1, 1998 should constitute a basis for establishing a public hearing to revoke the special use permit. Therefore, staff recommended revoking the special use permit. They also recommend that Mr. Litwinczuk request a new special use permit through the formal process by April 2, 1999. If an application has not been received by that date, the garage shall be set on a demolition schedule whereby the owner of the property must remove the second accessory building (garage) by May 1, 1999. If the garage is not removed and the property properly restored by that date, the City will schedule demolition of the garage and site restoration. All associated expenses would then be billed to the property owner. Councilmember Barnette asked what Mr. Litwinczuk's intentions were. Mr. Hickok responded that he had spoken with Mr. Litwinczuk. Mr. Hickok said that Mr. Litwinczuk really did not comment other than that he was aware of the City's intent to revoke the special use permit. FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1999 PAGE 6 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING CLOSED. MOTION by Councilmember Wolfe to close the public hearing and approve the revocation of Special Use Permit #97-07, to Paul Litwinczuk, Granting Approval to Maintain an Existing Garage, Generally Located at 6291 Central Avenue N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. CONSIDER RE ' OCATION OF SPECIAL USE PERMIT #98-14 TO WAL-MART ALL WING THE EXPANSION OF AN EXISTING GARDEN CENTER GENERA LY LOCATED AT 8450 UNIVERSITY AVENUE N.E. (WARD 3): MOTION by Councilmember Bo com to open the public hearing at 8:07 p.m. Seconded by Councilmember Barnette. ', UPON A VOICE VOTE, ALL EMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CA D UNANIMOUSLY. Mr. Hickok, Planning Coordinator, explained that this property is the Wal-Mart property located at 8450 University Avenue N.E. In 1992`a special use permit, with three stipulations, Wal-Mart was required to allow outdoor sales in their,farden center. A new special use permit was issued in October of 1994 to allow for an expansiorNof the garden center, which included four additional stipulations. As part of the requirements for��he expansion of the garden center, Wal-Mart was required to construct an enclosure on the south`tide of their building to allow for outdoor storage. Mr. Hickok noted that Wal-Mart has had infractions on two of the four stipulations under the special use permit. These include having a display?on the front sidewalk and the outdoor storage on the south side of the building. Staff recommended that Council hold the public hea�ng and receive comment, not revoke, but reserve the right to revoke the special use permit for an�uture violations of stipulations relating to either Special Use Permit,SP #92-07 or Special Use Pern�t, SP #94-14. Ms. Stephanie Barton, Store Manager of the Fridley Wal-1Vrt Store, stated that she had managed the Fridley store for the past few years. To correct the violkions, the following plans have been initiated: 1) the cardboard bails and pallets would be recycl4jhrough the Wal-Mart distribution center in Wisconsin; and 2) arrangements have been made f off-site warehousing space for when additional storage is needed. Ms. Barton noted that Wal-Mart was also in the process of sketc ' g up blueprints for a small expansion on the north side of the building to better accommoda a seasonal fluctuations in CITY OF FR[DLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 6, 1997 Paul Litwinczuk 6291 Central Avenue N.E. Fridley, MN 55432 Dear Mr. Litwinczuk: On October 27, 1997, the Fridley City Council officially approved your request for a special use permit, SP #97-07, to grant approval to maintain an existing 18' x 20' garage on Lot 17, exceptth*E-South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. This special use permit is contingent upon the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. I 3. The structure snaii not be used for a Hufne uccupaiioc-1. 4. All vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. An overhead garage door shall be installed. 6. A letter of credit of$20,000 shall be submitted prior to issuance of a building permit to insure timely completion of the project. 7. Failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. Paul Litwinczuk November 6, 1997 Page 2 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. Sinc ely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 20, 1997. Concur with action taken. 3- 3 0-a 4--4 3- STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY } In the Matter of: A Special Use Permit, SP #97-07 Owner: Paul Litwinczuk The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of October , 19 97 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To maintain an existing 18' x 20' garage on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with 7 stipulations. See City Council minutes of October 27, 1997. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, 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. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 28 10. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDItY THE COUNTY OF ANOKA FOR THE RECONSTRUCTION OF 57T�L AVENUE BETWEEN T.H. 47 AND MAIN STREET (WARD 3) : Councilwoman Bolkcom stated her only concern is that the neighborhood is notified of the plans for this area. Ms . Dacy, Community Development Director, stated th meetings have been held with the engineer and the process h s just begun. Meetings will be conducted with the residents a er staff has all the information and after they receive a re onse on the Local Communities Act application. MOTION by Councilwoman Bolkcom to app ve the joint powers agreement between the City and Anoka Coun y for the reconstruction of 57th Avenue between T.H. 47 and r in Street. Seconded by Councilman Schneider. Upon a voice v te, all voting aye, Mayor Jorgenson declared the motion carried nanimously. 15 . RESOLUTION NO. 88-1997 CERTI ING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES: Councilman Billings stated t t there are a number of addresses listed twice with identica amounts . He asked if this was a duplication or if it covers two different quarters . Mr. Pribyl, Finance Di ector, stated that this list has been reviewed a number of mes . If there were duplicates they would not be certified to t e County. MOTION by Council n Billings to adopt Resolution No. 88-1997 . Seconded by Coun lman Schneider. Upon a voice vote, all voting aye, Mayor Jorg son declared the motion carried unanimously. OLD BUSINESS: 30. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E . (WARD 2) (TABLED OCTOBER 13, 1997) : MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this was a request for a special use permit to allow a second accessory structure at 6291 Central Avenue. The petitioner recently constructed a new home with an attached garage. The proposed second accessory structure was an existing 360 square foot garage which was built in 1973 . Staff is recommending approval with seven stipulations. Councilman Schneider asked if there is an issue with the two driveways . FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 29 Mr. Flora, Public Works Director, stated that the second accessory structure is far enough back from the intersection to not be a problem. Councilman Schneider stated that it would be better to have the vehicles parked in the garage rather than on the street. Mayor Jorgenson stated she was concerned that this may be used for a home occupation. She was also concerned with the amount of dirt on the site. Mr. Litwinczuk, the petitioner, asked if he could drain his property to the curb. Mr. Knaak, City Attorney, stated that if a property owner has any area on his property where water stands for a period of time it may be considered a wetland, and the property owner cannot fill it. MOTION by Councilman Schneider to grant Special Use Permit, SP #97-07, with the following stipulations : (1) all grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties; (2) all necessary permits shall be obtained from the City prior to construction; (3) the structure shall not be used for a home occupation; (4) all vehicles shall be stored on a hardsurface as approved by the City; (5) the siding and roof materials shall match the exterior of the new dwelling. An overhead garage door shall be installed; (6) a letter of credit of $20, 000 shall be submitted prior to issuance of a building permit to ensure timely completion of the project; and (7) failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. Seconded by Councilman Barnette. UPON A VOICE VOTE, Councilman Schneider, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. MOTION by Councilman Schneider to request staff to meet with the petitioner regarding options on the dirt located on his property. Seconded by Councilman Billings . Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 31 . RESOLUTION NO. 9 -1997 ADOPTING ASSESSMENT FOR LOCKE LAKE DAN! EXCAVATION PROJEC NO. 255: Mr. Knaak, City Attorney stated that there has to be a written communication objection to this assessment, and then it becomes a process by the District Cou The City is then notified when the matter is set for trial in th District Court. ABSTRACT Receipt# 920l d33 11, ❑ Certified Copy Date Mailed Date>rme: 21 /11 ❑ Tax Liens/Releases Doc.Order t of DOCUMENT NO. 1401948 . 0 ABSTRACT ❑ Multi-Co Doc Tax Pd vl by: Pins: If ANOKA COUNTY MINNESOTA Recordability/Del s: ❑ Transfer ❑ New Desc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FilingFees: ❑ GAC FOR RECORD ON JAN 21 1999 � Division AT 5 : 00 PM ANWAS DULY RECORDED. Well Certificate 13 status El Def. Spec FEES AND TAXES IN THE AMOUNT OF �19 . 5 0 PAID. Received this Date: / Anoka County Recorder 13Other Z No Change RECEIPT NO. 1999012332 EDWARD M.TRESKA Notes: ANOKA COUNTY PROPEERRP TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES