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SP99-07 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE 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: l.' j �.:MA, Property Identification Number: 11 1 � 32 d q Legal Description: Lot 1`1 Block 2 Tract/Addition ' Current Zoning: Square footage/acreage: Reason for Special Use: U f4) 1 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) (Contract urchaserw Fmwers.must sign this form prior to processing) NAME: I II ADDRESS: 11 DAYTIME PHONE: � j -2611 SIGNATURE/DAT PETITIONER INFORMATION NAME: ,b, ` 1` %`A I ADDRESS: 'T1 t DAYTIME PHONE: SIGNATURE/DATE 1-tl I q Section of City Code: FEES Fee: $100.00 Residential Second Accessory $400.00 Others Application Numbers,*99-1-7 Receipt #: -meceived By: Scheduled Planning Commission Date: q_/_ U Scheduled City Council Date: !-/3-! !z 10 Day Application Complete Notification Date: 60 Day Date: c .,;? q SPECIAL USE PERMIT PROCESS ` ! 4F Purpose: A special use permit allows the City with the discretion to determine the suitability of certain uses on the general health, welfare and public safety. .R, k�,kkJY.SkY �k. . .4`yYk".,Ykk"k` VtlOpfnGnt a ::k< ,«.,K Considerations: The City may consider the following to determine the <.. n s .xYe g :k.< suitability of a certain use: ,Way 1. the nature of the land on which the use is to be located, 2. the nature of the adjacent land or buildings, 3. the effect on traffic into/out of the site, or on adjacent roads, 4. any other factors the City shall identify as appropriate to determine the effect of such use. The Special Use Permit process bectins by filling out az SPEC?RT USE p-?r 117""PI 1_iA_,r,`I'1"t3. Taus, with a site plan, and other appropriate drawings, must be submitted to the Planning staff. A fee is associated with the application; $100 for second accessory building applications, $400 for all other applications. Fees are non-refundable. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed. Simultaneously, a mailing list of all properties-�,.rithin a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner c(_:lled regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make u i ecuiiirnendadon to the City Council reg(D ding alt special use permit requests. Additional information regarding the Special Use Permit Process may be obtained by calling the City of Fridley Planning Department at 572-3599 or 572-3593. 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, September 1, 1999, at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit, SP#99-07,by Michael McPhillips,to allow a 10' curb cut to access an accessory building on his property. This request will require reconsideration of SP #86-09, which prohibited a curb cut for this pur- pose, legally described as Lot 19,Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. 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 Sett Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than August 25, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (August 19,26, 1999) Fridley, Columbia Heights.Hilltop 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 1, 1999, at 7 :30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #99-07, by Michael McPhillips, to allow a 10' curb cut to access an accessory building on his property. This request will require reconsideration of SP #86-09, which prohibited a curb cut for this purpose, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than August 25, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: August 19, 1999 August 26, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 291 Sylvan Lane. CASE NUMBER: SP #99-07 APPLICANT. Michael McPhillips Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To allow a 10' curb cut to access an accessory building on his property. This request will require reconsideration of SP #86- 09, which prohibited a curb cut for this purpose. LOCATION OF PROPERTYAND 291 Sylvan Lane LEGAL DESCRIPTION: Lot 19, Block 2, Sylvan Hills Plat 4 DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, September 1, 1999, 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, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. 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 612-572-3500 no later than August 25, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: August 19, 1999 August 26, 1999 CARLSON GREG GLEN &ANGELA HOFSTAD PHILIP L &CARLEEN LANG MARVIN S &JOANN M 217 69TH AVE NE 234 MERCURY DR NE 240 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT KOWAL-ELIASON BECKY A LOUTCHKO MYKOLA& HALYNA 241 MERCURY DR NE 241 SYLVAN LN NE 244 MERCURY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MCNURLIN DOUGLAS M & DAWN M OLSON CRAIG T&JANE K LARSON RICHARD H 250 SYLVAN LN NE 251 SYLVAN LN NE 255 MERCURY DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 COPPICUS CLINTON J & KAREN HUSTAD RODERICK C &WENDI M WICKMAN BETTY A 256 MERCURY DR NE 260 SYLVAN LN NE 261 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HERRMANN KIM M &JANET C BERGMAN PERRY D & CARRIE L JOHNSON MICHAEL& ELIZABETH 266 MERCURY DR NE 270 SYLVAN LN NE 271 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HERRMANN MERVIN J & EVELINE DAVIS ROBERT F & ROSE M HOSMAN ROBERT A&JANE 1 278 MERCURY DR NE 280 SYLVAN LN NE 281 SYLVAN LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JORGENSON ELIZABETH A MCPHILLIPS MICHAEL B & D F VALLEY INVESTMENT& MANAGEME 288 MERCURY DR NE 291 SYLVAN LN NE 5995 OREN AVE N FRIDLEY, MN 55432 FRIDLEY, MN 55432 OAK PARK HEIGHTS, MN 55082 CURRENT RESIDENT HOLM JOHN L &JOANNE M SNYDER JOHN J &JUNE M 6205 UNIVERSITY AVE NE 6220 RAINBOW DR NE 6230 RAINBOW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 PARADISE ROBERT S & CHRISTINE POPOWITZ SCOTT C & RONA M AUSTIN DARCY L & KOONTZ B J 6240 RAINBOW DR NE 6250 RAINBOW DR NE 6260 RAINBOW DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CAMP WILLIAM D JR& DALYCE VAN DEN BERG ROBERT J 6279 UNIVERSITY AVE NE 6280 UNIVERSITY AVE NE 6299 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 I BANREIN INCORPORATED FRIDLEY COVENANT CHURCH FRIDL Y RA 6315 UNIVERSITY AVE NE 6390 UNIVERSITY AVE NE Bad Ad ss 1 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDL , N 0 KEMK COMPANIES P O BOX 49663 BLAINE, MN 55434 City of Fridley Land Use Application SP-99-07 September 1, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Legal Description of Property: Michael B. McPhillips Lot 19, Block 2, Sylvan Hills Plat 4 291 Sylvan Lane Public Utilities: Fridley, MN 55432 Home is connected. Requested Action: Transportation: Special Use Permit Home is accessed from Sylvan Lane. Purpose: Physical Characteristics: To amend SP#86-09 allowing the Lot is relatively flat, covered by garage petitioner to obtain a curb cut to access and home. the second accessory structure in excess SUMMARY OF PROJECT of 240 square feet. Michael McPhillips, petitioner, is requesting an Existing Zoning: amendment to his existing special use permit to R-1 (Single Family Residential) allow a curb cut for access to the garage. Location: SUMMARY OF ANALYSIS 291 Sylvan Lane City Staff recommends approval of this special Size: use permit, to amend and replace SP #86-09, 10,125 square feet .23 acres with stipulations. Existing Land Use: The second accessory garage was previously Single family home. granted a special use permit. This special use Surrounding Land Use & Zoning: permit will amend the existing special use N: Single family& R-1 permit,by allowing a curb cut. E: University Ave. & C-3 CITY COUNCIL ACTION S: Single family& R-1 September 13, 1999 W: Single family& R-1 1._ ;Y ' Comprehensive Plan Conformance: Consistent with Plan " Zoning Ordinance Conformance: Sections 205.07.1.C.(1) requires a . special use permit to allow accessory rte' buildings other than the first accessory building, over 240 square feet. , t Zoning History: 1957 - Lot is platted. 1969 - Garage&home built. 1986 - SP#86-09 issued for 2"d garage. 1986 - 2"1 garage is built Staff Report Prepared by: Paul Bolin SP 99-07 Analysis Michael McPhillips, petitioner, is requesting an amendment to his existing special use permit #86-09 to allow a curb cut for access to the 2"d accessory garage. The petitioners home and attached garage are accessed from Sylvan Lane. The garage for which SP #86-09 was issued, will be accessed from the University Avenue Service Road. The proposed curb cut will be located approximately 110' north of Sylvan lane and approximately 10' south of the nearest neighboring driveway. At the time SP #86-09 was issued, the petitioner requested that the requirement for a hard surface driveway be waved as the building would only be used for storage. Three stipulations were placed on the special use permit. These stipulations stated that the siding of the new building match that of the existing home, that no paved driveway would be required as long as the building is only used for storage, and that the permit be reviewed in one year. Special use permit#99-07 will amend and replace special use permit#86-09. The curb cut will now require the petitioner to pave the driveway to the building, as required by City Code. The petitioner has been using the neighbors driveway to access the garage. r Curb cut to - " be placed - here. View of detached garage. Staff Recommendation City Staff'recommends approval of this special use permit, to amend and replace SP#86-09, with stipulations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district. The square footage of the detached garage (320 square feet) combined with the square footage of the attached garage (528 square feet) will not exceed the code maximum of 1,400 square feet. The curb cut and paved drive will not require the removal of any trees and will allow the petitioner vehicular access to the structure across his own property. Stipulations Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. Petitioner shall construct hard surface driveway within one year of issuance of this special use permit 2. Driveway shall be constructed in a manner to prevent detrimental runoff impacts to adjacent properties. 3. All necessary permits shall be obtained from the City prior to construction. 4. The structure shall not be used for a home occupation. 5. All vehicles shall be stored on a hard surface as approved by the City. 6. The siding and roof materials shall continue to match the exterior of the existing home. 7. Approval of SP #99-07 eliminates SP #86-07. s .Y Y� Home and attached garage CVS acCCffytfwoAs o+ ILI Mei? f1 0 U(a i SY L v AW LA rd ' CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 CALL TO ORDER: Chairperson Savage called the September 1, 1999, Planni Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oq 'st, Brad Sielaff, Dean Saba, Larry Kuechle Members Absent: Dave Kondrick, Co hie Modig Others Present: Paul Bolin, PI ning Assistant Michael Bol now, BWBR Architects Kathy Ke ding, BWBR Architects Byron uns, Unity Hospital Judy Urbin ?? M. . McPhillips, 291 Sylvan Lane APPROVAL OF AU UST 4 1999 PLANNING COMMISSION MINUTES: MOTION by Mr ielaff, seconded by Mr. Saba, to approve the August 4, 1999, Planning Co fission minutes as written. UPON ADICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MO ION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, S.P. 99-07, BY MICHAEL McPHILLIPS: To allow a 10-foot curb cut to access an accessory building on his property. This request will require reconsideration of SP#86-09, which prohibited a curb cut for this purpose, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow a 10-foot curb cut to access an accessory structure on his property. If granted, this would amend and replace special use permit #86-09. The original special use permit was granted for the second accessory structure and also stipulated that a driveway was not required as long d _ _ PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 2 as the garage was used for storage only, not for vehicles. The petitioner has requested a curb cut; therefore a driveway is to be installed. Mr. Bolin stated the property is located at 291 Sylvan Lane. It is a corner lot with the home facing Sylvan Lane and the University Avenue service drive is to the east. The property is zoned R-1, Single Family, as are the surrounding properties. The existing detached garage meets the setback requirements. The lot is relatively flat and contains the second garage, the home, a garden, and some large trees. The lot was platted in 1957 as part of the Sylvan Hills Addition. In 1969, the home and the attached garage were constructed. In 1986, special use permit #86-09 was granted for the detached garage, and the garage was constructed the same year. Mr. Bolin stated staff recommends approval of Special Use Permit, S.P., #99-07 to amend and replace S.P. #86-09, with the following stipulations: 1. The petitioner shall construct hard surface driveway within one year of issuance of this special use permit. 2. The driveway shall be constructed in a manner to prevent detrimental runoff impacts to adjacent properties. 3. All necessary permits shall be obtained from the City prior to construction. 4. The structure shall not be used for a home occupation. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 7. Approval of S.P. #99-07 would eliminate S.P. #86-07. Mr. Kuechle asked if there were any rulings against two curb cuts on a residential property. Mr. Bolin stated the code would allow these two curb cuts. Mr. Oquist asked who is responsible for the curb cut. Mr. Bolin stated the petitioner is responsible for the curb cut. Mr. McPhillips stated the curb cuts are done by a subcontractor through the City. He pays the City, and the City pays the subcontractor. Mr. McPhillips stated he has one question about the driveway. He drives on that yard approximately 6 to 10 times a year. He did not feel he needed a driveway. There are two mature trees on the property. If he paved a driveway, those trees will die. He has been in the construction business for 41 years. If a driveway is next to an oak tree, it will die. The tree is over 100 years old, and he does not want to lose it. Because he drives on that area less than 12 times a year, he did not feel he needed a driveway. If the Planning Commission wanted to come out and look, they would see that there are no tracks. There are none now. He has had that garage there for over 10 years, and it looks as though there has never been anything driven there. Before that, he drove PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 3 across the neighbor's property. They are now having a dispute, and the neighbor no longer wants him to drive there. He now needs access to the garage. Mr. McPhillips stated he has talked with the Public Works Department, and they did not say anything about that. The Public Works Department issued a permit for which he paid $155.00, and they said that would install the curb cut. After they looked in the file, they saw the stipulation on the original permit. If that stipulation had not been there, he could have a curb cut now. The property to the north has two curb cuts 10 feet apart. One is to access the property to the west that has an easement to drive motor homes in and out. Until this year, they drove in there twice a week. There is no driveway there. There are a lot of situations in the City where there are no driveways. Ms. Savage asked if Mr. McPhillips was oppposed to the driveway stipulation. Mr. McPhillips stated he is definitely opposed. He is not willing to lose that 100-year-old oak tree. If there is driving near those trees, in two to three years they will have to be removed. Mr. Sielaff stated he agreed that the construction of a driveway would kill the trees. Mr. Oquist asked if the Code requires a driveway. Mr. Bolin stated the City does have a driveway paving program for all driveways to be paved by 2002. If there is a curb cut to a garage, it does indicate that it will be used as a driveway in staffs opinion. Mr. McPhillips stated he built the garage in 1986. City staff was going to come back in one year to see if there were cars driven there. He has not had a driveway there in 13 years. Now he needs one because he is requesting a curb cut. He does not understand. He has had cars in there off and on. Basically, the garage is for storage. He has a street rod now that he plans to sell next year. He will then have a driveway and will not have a car. Instead he will have a driveway bisecting his lot so there is a 10-foot strip on the north end of the lot that he has to maintain. That will look stupid. What is the point of losing those trees? If that is the stipulation, he does not want a curb cut. He will live with it. Mr. Sielaff asks how he now gains access to the garage. Mr. McPhillips stated he drives through the yard to get there now. Actually, he keeps the car in the attached garage and keeps his truck in the driveway. Ms. Savage asked what was the situation in 1986 that the petitioner received a special use permit that allowed the building but did not provide a curb cut or driveway. Mr. Bolin stated that at that time, the special use permit was granted with the intent that the garage would be used just for storage. The stipulation read that if the garage were to be used for vehicle storage or as an actual vehicle garage, then it would need to be paved. PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 4 Mr. Oquist asked if the petitioner had any problems with the other stipulations. Mr. McPhillips stated no, just that one. Mr. Kuechle stated he can understand the petitioner's rationale for not wanting the driveway. He can also understand the City's interest in keeping a handle on this. Even though Mr. McPhillips may never use that as a driveway and never damage the grass, if he sells the house in two years, that stipulation for no driveway is still there. That does concern him. Is there any way they can deal with this? Mr. Saba stated there must be a way to control that. He agreed that, if a driveway is installed, the petitioner will lose the trees. Mr. Bolin stated the Commission could put on a stipulation similar to the original stipulation where staff could go back one year later to check to make sure that the petitioner was not frequently driving across the grass or a stipulation that indicates, upon the sale of the home, the hard surface driveway must be installed. Or, they could add a stipulation that gives staff some flexibility that at staffs discretion, if it is found that this has become a driveway, a hard surface driveway shall be installed. Mr. Kuechle asked the petitioner how he would feel about something like that. Mr. McPhillips stated he would have no problem with that. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Saba stated he would agree to somehow delete and replace stipulations regarding the driveway. He liked the idea of staff having the discretion. Mr. Kuechle agreed. He would like the stipulation to indicate that at staff's discretion, if this is being used as a driveway to the point where it is obviously a driveway with ruts in the yard and the grass being dead, a hard surface driveway shall be installed or the curb cut removed. Ms. Savage stated stipulations 1 and 2 would then be deleted. Mr. Oquist asked if stipulation 3 was necessary in that the City installs the curb cut and the petitioner pays the City. Mr. Bolin stated the petitioner has a permit already. Mr. Oquist stated his concern is that, if he puts in the curb cut and then someone else in the future purchases the property, they could use that to go in and out. He agreed they PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 5 need some control on that, but he did not see the need for a hard surface drive at this time. Mr. Sielaff asked if the special use permit could expire if there was a change in ownership. Mr. Kuechle stated that would be a burden in that the petitioner has to get it cleared up before selling the property or the buyer must come in and get a permit. If they are turned down, they have a non-conforming piece of property. He would prefer not to have something hanging over their heads if they don't have any control. If the Commission puts in a stipulation that says, as long as it shows no sign of being used as a driveway, it is then at staff's discretion that the petitioner does or does not need to put in a driveway. If it starts behaving as a driveway, then it needs to be paved. Ms. Savage asked if that would be sufficient for staff. Mr. Bolin stated that would be acceptable. Mr. Sielaff suggested the wording, "At staffs discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed." MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to recommend approval of Special Use Permit, S.P. #99-07, by Michael McPhillips, to allow a 10-foot curb cut to access an accessory building, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane, with the following stipulations: 1. At staffs discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed. 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 hard surface driveway as approved by the City. 5. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 6. Approval of S.P. #99-07 eliminates S.P. #86-07. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on September 13. 2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT S.P. 99-08 BY MICHAEL BOLDENOW, ALLINA UNITY HOSPITAL: To allow a proposed 2nd story expansion to be added to Unity Hospital to accommodate the ICU, legally described as All that part of the Northwest Quarter of the Northeast Quarter (NW '/4 of NE 1/4) of Section Eleven (11), Township Thirty (30), Range Twenty-four (24), Melody Manor 2nd Addition, generally located at 550 Osborne Road N.E. PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 6 MOTION by Mr. Ouist, seconded by Mr. Saba, to waive the reading of the public hearing notice and o open the public hearing. UPON A VOICE VO E, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARR ED AND THE PUBLIC HEARING OPEN AT 7:55 P.M. Mr. Bolin stated the pe itioner is requesting a special use permit to allow the construction of a secon story addition on a portion of the existing facility. The expansion would occur the easterly portion of the building located at 550 Osborne Road. The property is to ated in an R-1, Single Family, zoning district which is why a special use permit is requi ed. To the west and to the south is R-1, Single Family; to the north across Osborne Roa is Spring Lake Park; and to the east is a clinic zoned CRA, General Office. Mr. Bolin stated the proposed ddition is to be above the existing Intensive Care Unit (ICU). The expansion would b used as the new ICU and would allow the hospital an opportunity to upgrade the equi ment in their ICU. This additional space does not create any more demand for par 'ng, does not increase the number of beds, and does not increase the number of emplo ees. The hospital is working on a 3 to 5 year plan to do some interior renovations and re odeling. The space that is to be vacated by the existing ICU will be used by different epartments in the hospital during the remodeling. Mr. Bolin stated the site is a 31-acre pa cel that contains the hospital buildings, parking lots, and some rather large areas of gra and trees. In 1965 the first building permit for the hospital was issued. In 1970, 1971, 1 80, 1982, 1985, 1991, 1993, and 1995, additions were made to the hospital. Specs I use permits were granted for expansion of the hospital in 1984, 1993, and 1995. Mr. Bolin stated hospitals are a permitted speci I use in the R-1 zoning district and the proposed expansion with stipulations will comply ith the requirements for the special use permit. This special use permit is in addition the previous special use permits and is not intended to replace the previous special se permits. Staff recommends approval of the special use permit with the following tipulations: 1. All building permits must be obtained prior to sta of construction. 2. As interior renovations are completed and addition I beds are added, the hospital shall install the number of parking stalls required to eet zoning code requirements. However, the City reserves the right t require additional parking should demand of the facility warrant it at any time prio to completion of interior renovations. Mr. Bolin stated a special use permit granted in 1995 identified a s ortage of 6 parking stalls at that time and placed the stipulation worded similarly to stip tion #2. Since that special use permit was issued, staff has not found any reason ye to require the additional 6 parking stalls. Since the hospital is under a 3 to 5 year pla for interior remodeling and before they get to the point where they will be adding ad 'tional beds, Ilk AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 MY OF FRIDLEY Date: 9/07/99 r To: William Burns, City Manager r C� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SP#99-07 M-99-212 INTRODUCTION Michael McPhillips, property owner at 291 Sylvan Lane, is requesting an amendment to his existing special use permit#86-09 to allow a curb cut for access to his existing 2nd accessory garage. The petitioners home and attached garage are accessed from Sylvan Lane. The garage for which SP #86-09 was issued, will be accessed from the University Avenue Service Road. The proposed curb cut will be located approximately 110' north of Sylvan lane and approximately 10' south of the nearest neighboring driveway. At the time SP #86-09 was issued, the petitioner requested that the requirement for a hard surface driveway be waved as the building would only be used for storage. Three stipulations were placed on the special use permit. These stipulations stated that the siding of the new building match that of the existing home (which it does), that no paved driveway would be required as long as the building is only used for storage, and that the permit be reviewed in one year. Special use permit#99-07 will amend and replace special use permit#86-09. The curb cut would now require the petitioner to pave the driveway to the building, as required by City Code. The petitioner has been using the neighbors driveway to access the garage. PLANNING COMMISSION ACTION At the September 1, 1999 Planning Commission meeting, a public hearing was held for SP #99-07. The petitioner stated that he only accesses the garage approximately 10-12 times per year and that installing a driveway would kill two large trees in his yard. After much discussion, the Planning Commission, with staff's concurrence, amended the stipulations attached to SP #99-07. The amended stipulations eliminate the need for the petitioner to install a driveway at this time, yet leave staff the discretion to require a driveway anytime in the future if it appears that this garage is being used regularly for vehicle storage. 81 A motion was made to recommend approval of special use permit, SP #99-07, with the following stipulations: 1. At staffs discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed. 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 hard surface driveway as approved by the City. 5. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 6. Approval of S.P. #99-07 eliminates S.P. #86-07. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP#99-07,with the amended stipulations as presented. 82 . w THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 20 Mr. Rovering stated that he disagreed with the concept of addin a gymnasium. He stated that the church runs quite nicely without one, and he t the neighborhood's concerns are not being addressed. Mayor Jorgenson stated that she understood what e neighborhood was saying, but the church was only asking to use their prop rty to meet the needs of their congregation. The church must have the abilit o use their property to meet the neighborhood's needs. Councilmember Bolkcom stated that she uld not vote to go along with this due to the huge impact of the church on the n .ghborhood. There was no other church in the Fridley area that has the impact t s church would have. She stated that she is concerned with the huge difference i site lines and sunsets. Mayor Jorgenson stated that th e was a motion on the floor to approve the special use permit with five stipulati s with the language amending the fifth stipulation as suggested by Mr. Knaak. UPON A VOICE V TE, COUNCILMEMBER BILLINGS, COUNCIL- MEMBER BARNETT AND MAYOR JORGENSON VOTING AYE, AND COUNCILMEMBER OLKCOM AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JO ENSON DECLARED THE MOTION CARRIED THREE TO TWO. NEW BUSINESS: 21. SPECIAL USE PERMIT, SP #99-07, BY MICHAEL MCPHILLIPS, TO ALLOW A TEN-FOOT CURB CUT TO ACCESS AN ACCESSORY BUILDING, GENERALLY LOCATED AT 291 SYLVAN LANE (WARD 1): Mr. Hickok stated that, in 1986, the petitioner, Mr. McPhillips, asked, in 1986, to allow a special use permit to build his garage to accommodate a storage shed in which no curb cut would be necessary. There has been a need for the petitioner to travel with a classic car to and from his garage. Sometimes it means traveling across the lawn to go into this garage. Staff recommended Council's approval of this request. Councilmember Billings asked Mr. Hickok if moving the classic car in and out of the garage twelve times a year is regular use. Mr. Hickok stated that staff was not looking at the number of times the car was being moved in and out but the wear and tear on the turf. A � � THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 19 Councilmemb r Wolfe asked Mr. Sweeney how many other houses would be affected by the earlier sunset. Mr. Sweeney s ated that there would be three houses affected by it. The neighbors across the stree are affected also but not as much. Councilmember illings stated that the special use permit according to state law states that this w s a permitted use but does need to get approval of City Council. The church is entit d to have reasonable use of their property as long as it does not impart damage to e general welfare of the City. He was concerned with the visual appearance o the property and would like to see Stipulation No. 5 that allows staff to approve the materials. Mr. Knaak stated that ith Stipulation No. 5, he would suggest for clarification purposes to give author y to staff to approve or disapprove and to change the sentence to read as follow : The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education bu ding. The exterior elevation plans for the gymnasium shall be reviewed and appro d or disapproved by City staff prior to issuance of a building permit. No permit m be issued until staff approval has been given. MOTION by Councilmember Bi 'ngs to amend Stipulation No. 5 as given by the Planning Commission. Seconded Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRI D UNANIMOUSLY. Councilmember Billings asked Mr. Hi ok if staff would be willing to accept paneling similar to the Target style for th church, and if they are willing to look at the third story windows from the views of th neighborhood. Mr. Hickok answered in the affirmative. Councilmember Billings stated that he felt it was he Planning Commission's intent to raise the standard of the gymnasium up to the o ce/administrative building. He hoped that staff and the church would be able to d some middle ground with respect to the materials to be used. Again, he stated at he would hate to see the church move out of the City. Dr. Lucas stated that the church has no objection to works g with City staff. He asked if the church could bring this issue back to Council i taff and the church reached an impasse on the materials used? Mr. Knaak stated that was correct. S THE MINUTES OF THE MEETING OF SEPTEMBER 13. 1999 PAGE 21 Councilmember Billings asked if it was true that the petitioner was thinking of selling his classic car in a year or so. Mr. Hickok stated that was correct. Councilmember Bolkcom asked why the petitioner would need a curb. Mr. Hickok stated that it was an inconvenience for those few times the petitioner wanted to take the car out. The property owner does not want to drive over the curb with the classic car. The special use permit would go with the property and staff would always have the discretion to make sure the special use permit was being used in accordance with the five stipulations. Councilmember Billings stated that the intent was to waive the normal requirement connecting a paved driveway to an accessory building which was permitted under the ordinances. The question was if they allow the trees that are in the way to be removed for an intermittent use of access or put in Stipulation No. 1 to make sure the owners adhere to the code. Councilmember Bolkcom asked if the City allows accessory buildings to have parked cars. Councilmember Billings stated that the City does if the driveway is paved. Councilmember Bolkcom stated that her concern was that they have the issue of people driving on lawns and parking on grass all over the City. Mayor Jorgenson asked if staff could insure this would still be used appropriately when a change of ownership would happen. Mr. Hickok stated that he trusts that staff would monitor this particular site. Councilmember Billings stated that in his estimation, the language presented by the Planning Commission satisfies all of his concerns. Councilmember Bolkcom asked Mr. Knaak if he felt it would be better to add an additional stipulation. Mr. Knaak stated that they could add a separate addition saying that this special use permit shall be for the purpose of access to the accessory structure for a classic vehicle. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve the Special Use Permit, SP #99-07, including the amended Stipulation No. 6 as follows: 1) At staff s discretion, inspections will be conducted of the area THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 22 between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed; 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 hard surface driveway as approved by the City; 5) The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home; and 6) Special Use Permit, SP #99-07 shall be for the purpose of access to the accessory structure for a classic vehicle. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER BARNETTE, AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON MOTION CARRIED BY MAJORITY VOTE THREE TO TWO. 22. RESOLUTION ADOPTING ASSESSMENT FOR OSBORNE ROAD IMPROVEMENT PROJ CT NUMBER ST. 1994-5 OLD CENTRAL TO STINSON BOULEVARD ARD 2): Mayor Jorgenson asked Mr. Pribyl, Finance Director, if they could exclude one property from the resolution or would t be best to table this item. Mr. Pribyl stated that it would be best t table this item for further consideration by staff. MOTION by Councilmember Wolfe to able this resolution. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTIN AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNA IMOUSLY. 23. RESOLUTION NO. 69-1999 ADOPTI G ASSESSMENT FOR 57TH AVENUE STREET IMPROVEMENT PR ECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom to adopt solution Number 69-1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, OR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSL . 24. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that the 50th Anniversary Task Force ill have a meeting on the second Thursday of the month in October. r � CITYOF FRIDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 22, 1999 Michael B. McPhillips 291 Sylvan Lane Fridley, MN 55432 Dear Mr. McPhillips: On September 13, 1999, the Fridley City Council officially approved your request for a Special Use Permit, SP #99-07, to allow a 10' curb cut to access an accessory building on your property, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. Approval of this special use permit is contingent upon the following stipulations: 1. At staff's discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed. 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 hard surface driveway as approved by the City. 5. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 6. Approval of Special Use Permit#99-07 eliminates Special Use permit#86-07. If you have any questions regarding the above action, please call me at 612-572-3590. S l ncere-,�, arbara Dacy, AICP Community Development Director BD/jt cc: Address File w Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 29, 1999. X/ Concur with action to en. C-99-165 . . . . 1 w �! V it .� 1171659 I`{-3p- -�y - 34 -004,� � STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Special Use Permit, SP #99-07 Owner: Michael B. McPhillips The above entitled matter came before the City Council of the City of Fridley and was heard on the 13'h day of September, 1999, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow a ten-foot curb cut to access an accessory building, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approved with 6 stipulations. See City Council meeting minutes of September 13, 1999. 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. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 3 td day of 19 `7Gi DRAFTED BY: �.f City of Fridley c , 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI rk U (SEAL) THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 20 Mr. Rovering stated that he disagreed with the concept of dding a gymnasium. He stated that the church runs quite nicely without one, a he felt the neighborhood's concerns are not being addressed. Mayor Jorgenson stated that she understood at the neighborhood was saying, but the church was only asking to use thei property to meet the needs of their congregation. The church must have the ility to use their property to meet the neighborhood's needs. Councilmember Bolkcom stated th she would not vote to go along with this due to the huge impact of the church o the neighborhood. There was no other church in the Fridley area that has the i pact this church would have. She stated that she is concerned with the huge diff ence in site lines and sunsets. Mayor Jorgenson stated at there was a motion on the floor to approve the special use permit with five s pulations with the language amending the fifth stipulation as suggested by Mr. naak. UPON A VO E VOTE, COUNCILMEMBER BILLINGS, COUNCIL- MEMBER B NETTE AND MAYOR JORGENSON VOTING AYE, AND COUNCILM MBER BOLKCOM AND COUNCILMEMBER WOLFE VOTING NAY, MAY R JORGENSON DECLARED THE MOTION CARRIED THREE TO TWO. NEW BUSINESS: 21. SPECIAL USE PERMIT, SP #99-07, BY MICHAEL MCPHILLIPS, TO ALLOW A TEN-FOOT CURB CUT TO ACCESS AN ACCESSORY BUILDING, GENERALLY LOCATED AT 291 SYLVAN LANE (WARD 1): Mr. Hickok stated that, in 1986, the petitioner, Mr. McPhillips, asked, in 1986, to allow a special use permit to build his garage to accommodate a storage shed in which no curb cut would be necessary. There has been a need for the petitioner to travel with a classic car to and from his garage. Sometimes it means traveling across the lawn to go into this garage. Staff recommended Council's approval of this request. Councilmember Billings asked Mr. Hickok if moving the classic car in and out of the garage twelve times a year is regular use. Mr. Hickok stated that staff was not looking at the number of times the car was being moved in and out but the wear and tear on the turf. THE MINUTES OF THE MEETING OF SEPTEMBER 13. 1999 PAGE 21 Councilmember Billings asked if it was true that the petitioner was thinking of selling his classic car in a year or so. Mr. Hickok stated that was correct. Councilmember Bolkcom asked why the petitioner would need a curb. Mr. Hickok stated that it was an inconvenience for those few times the petitioner wanted to take the car out. The property owner does not want to drive over the curb with the classic car. The special use permit would go with the property and staff would always have the discretion to make sure the special use permit was being used in accordance with the five stipulations. Councilmember Billings stated that the intent was to waive the normal requirement connecting a paved driveway to an accessory building which was permitted under the ordinances. The question was if they allow the trees that are in the way to be removed for an intermittent use of access or put in Stipulation No. 1 to make sure the owners adhere to the code. Councilmember Bolkcom asked if the City allows accessory buildings to have parked cars. Councilmember Billings stated that the City does if the driveway is paved. Councilmember Bolkcom stated that her concern was that they have the issue of people driving on lawns and parking on grass all over the City. Mayor Jorgenson asked if staff could insure this would still be used appropriately when a change of ownership would happen. Mr. Hickok stated that he trusts that staff would monitor this particular site. Councilmember Billings stated that in his estimation, the language presented by the Planning Commission satisfies all of his concerns. Councilmember Bolkcom asked Mr. Knaak if he felt it would be better to add an additional stipulation. Mr. Knaak stated that they could add a separate addition saying that this special use permit shall be for the purpose of access to the accessory structure for a classic vehicle. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve the Special Use Permit, SP #99-07, including the amended Stipulation No. 6 as follows: 1) At staffs discretion, inspections will be conducted of the area THE MINUTES OF THE MEETING OF SEPTEMBER 13 1999 PAGE 22 between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed; 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 hard surface driveway as approved by the City; 5) The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home; and 6) Special Use Permit, SP #99-07 shall be for the purpose of access to the accessory structure for a classic vehicle. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER BARNETTE, AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON MOTION CARRIED BY MAJORITY VOTE THREE TO TWO. 22. RESOLUTI N ADOPTING ASSESSMENT FOR OSBORNE ROAD IMPROVEM NT PROJECT NUMBER ST. 1994-5 OLD CENTRAL TO STINSON BO LEVARD ARD 2): Mayor Jorgenson aske Mr. Pribyl, Finance Director, if they could exclude one property from the resoluta n or would it be best to table this item. Mr. Pribyl stated that it wo d be best to table this item for further consideration by staff. MOTION by Councilmember Wolfe to table this resolution. Seconded by Councilmember Billings. UPON A VOICE VOTE, AL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARR D UNANIMOUSLY. 23. RESOLUTION NO. 69-1999 DOPTING ASSESSMENT FOR 57TH AVENUE STREET IMPROVEM NT PROJECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom t adopt Resolution Number 69-1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTIN AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNA OUSLY. 24. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that the 501h Anniversary Ta Force will have a meeting on the second Thursday of the month in October. r - ABSTRACT Receipt# 'aa�a O �f�J ❑ Certified Copy 2 Date Mailed Date/Time: / 7' DOCUMENT N0. 1471659 . 0 ABSTRACT ❑ Tax Liens/Releases Doc.Order I of _ ANOKA COUNTY MINNESOTA 1:1 Multi-Co Doc Tax Pd ✓by: Pins: I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE �J i' ❑ Transfer FOR RECORD ON NOV 24 1999 Recordability/Delgs: ❑ New Desc. AT 5 : 00 PM AND WAS DULY RECORDED. Filing Fees: 1 C1 •5 ❑ Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. Well Certificate ❑ Status ❑ Def.Spec 1999122220 Received this Date: RECEIPT N0. Anoka County Recorder ❑ Other RrNo Change EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: JGD BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES