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SP99-06 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 require for submittal, see attached Address: S S/ ? L C'L o It e- FA4,0&�2f A-1 Property Identification Number: , -P O v Legal Description: Lot Block Tract/Addition U K- Current Zoning: quare footage/acreage: Re son for Special Use: 6.0'-17-14 - C) /?&--�2 O;F- Z j� T- Have you operated usiness in a city which required a business license? Yes No 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 pu asers: Fee owr).em must sign this form prior to processing) NAME: is..' 6'z- ADDRESS: -i- - c C" - DAYTIME PHONE: 97Z-0-7-03 SIGNATURE/DATE: PETITIONER INFORMATION NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: FEES Fee: $100.00 Residential Second Accessory $400.00 Others Application Number�5L oG Receipt#: �///& Received By: Scheduled Planning Commission Date: 8-j-f4 Scheduled City Council Date: 8- a3 -11 _ I 10 Day Application Complete Notification Date: ?- ' -I9 60 Day Date: 1 SPECIAL USE PERMIT PROCESS mePurpose: A special use permit allows the City with the discretion to determine the suitability of certain uses on the general health, w ` .. .. welfare and public safety. Firt xA ' K Considerations: The City may consider the following to determine the _ �` "" suitability of a certain use: .. 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. rf'he Special Use Permit process begins by filling out a SPECIAL USE PERMIT APPLICATION. This, 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, cord Police Departments. The impacts to adjacent properties are discussed, cnd stinulations are developed. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is genecaie d.. Notices of the request are sent to these property owners. There is approximately four weeks between the applicaton due date and the Planning Commission meeting. Prior to the meeting of the Plc inning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Plarming 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 a recommendation to the City Council regarding all 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. 26 Plat 154155 Parcel 11570 - - till, that part of the oast 150 feat of t a East oGu feet of LGt Eight (8) Auditor's $ubudivisicn Nu1-15ar T� 2.".;anty-fiva ` , • lyiieC�'` in thA SOuthl:leSt Ct,art6i Of tie Northeast 4uar ter of the o �� .C+ l:�hUa 34. Ql:Cr 1 lu" 01 .r Of S",I} of Section �1Jen�ty-f our (24), i ownsh i•' h it r ti `y �30/, na;lss Twanty-four (24), and _ ` Exce �+� fOr the ,7CrtIon t`araof t'asz,ibed auGve, tt-a Last 1Sv fee' of Lila EdSt O00 feet of Lot C, Auditor�s Subd-v�s-on NwimbGr i Wan t"y-five, C'ity of FridiBy, Anoka OGunty, ;IM--asota, and - That part of Lot 7, Audlto:ls Su.-d,ivlsion 10. 25 City of Fridley, Anoka CGi;nty• df3SCria�6v a5 fGIloWsi 1,J1; r CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX(612)571-1287 July 12, 1999 Mr. Roger Frank 5512 Fillmore Circle Fridley, MN 55432 Dear Mr. Frank: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their special use permit applications are complete. We received an application for a special use permit on July 2, 1999. This letter serves to inform you that your application is complete, except for the elevation and description of building materials and a narrative of the proposed use of the building. Your special use permit application hearing, discussion, and action will take place at the City of Fridley Planning Commission Meeting on August 4, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3595. Sincerely, CITY OF FRIDLEY —fmanGtF Missy Daniels C-99-126 Planner q9 1 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, August 4, 1999, at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit #99-06, by Roger Frank, for a second accessory building over 240 square feet to be used as a garage on his property, legally described as Part of lot 7 and 8, Auditors Subdivision No. 25, Anoka County, Minnesota lying west of the east 400 feet thereof and lying east of the state highway right-of-way, subject to an ease- ment acquired by the City of Fridley for utilities and street purposes across the easterly portion of above described prop- erty, generally located at 5512 Fillmore Street. 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 auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than July 28, 1999. DIANE SAVAGE CHAIR . PLANNING COMMISSION (July 22, 29, 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, August 4, 1999, at 7 :30 p.m. for the purpose of: Consideration of a Special Use Permit #99-06, by Roger Frank, for a second accessory building over 240 square feet to be used as a garage on his property, legally described as Part of lot 7 and 8, Auditors Subdivision No. 25, Anoka County, Minnesota lying west of the east 400 feet thereof and lying east of the state highway right-of-way, subject to an easement acquired by the City of Fridley for utilities and street purposes across the easterly portion of above described property, generally located at 5512 Fillmore Street. 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 July 28, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: July 22, 1999 July 29, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5512 Fillmore Street. CASE NUMBER: SP #99-06 APPLICANT. Roger Frank Petitioner or representative must attend the Planning Commission meeting. PURPOSE: Consideration of a special use permit for a second accessory building over 240 square feet to be used as a garage on his property. LOCATION OF PROPERTYAND 5512 Fillmore Street LEGAL DESCRIPTION: Part of lot 7 and 8, Auditors Subdivision No. 25, Anoka County, Minnesota lying west of the east 400 feet thereof any lying east of state highway right-of-way, subject to an easement acquired by the City of Fridley for utilities and street purposes across the easterly portion of above described property. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, August 4, 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 July 28, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: July 22, 1999 July 29, 1999 City of Community Development Department Fridley Land Use Permit Notification L J �aaau C � , a 3 � e =' y, � wOP_MNAeE 1E J r P i �x y 4 � scw.vmcrrE g ti ti z, R-1-One Family Units E-1 M-1-Light Industrial Sources: kEd R-2-Two Family Units M-2-Heavy Industrial N Fridley Planning R-3-General Multiple Units ®Iv13- Outdoor Intensive Heavy Industrial Fridley GIS Z R-4-Mobile Hare Parks P-Public Facilities Anoka Coun GIS W =PUD-Planned Unit Development tY ILD, ®�2_RHyde de� ta��s RR Railroads Special Use Permit Application, SP#99-06 County Assessing UJ G1-Local Business Parcel/tot Lines 5512 Fillmore J, G2-General Business G3-General Shopping Water Features Roger Frank GR1-General Office CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1035 FILLMORE CIRCLE NE 1039 FILLMORE CIRCLE NE 1042 FILLMORE CIRCLE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1043 FILLMORE CIRCLE NE 1046 FILLMORE CIRCLE NE 1047 FILLMORE CIRCLE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1052 FILLMORE CIRCLE NE 1053 FILLMORE CIRCLE NE 1056 FILLMORE CIRCLE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1057 FILLMORE CIRCLE NE 1068 FILLMORE CIRCLE NE 1072 FILLMORE CIRCLE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1076 FILLMORE CIRCLE NE 5200 FILLMORE STREET NE 5211 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5221 FILLMORE STREET NE 5222 FILLMORE STREET NE 5231 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5234 FILLMORE STREET NE 5241 FILLMORE STREET NE 5246 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5251 FILLMORE STREET NE 5258 FILLMORE STREET NE 5261 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5271 FILLMORE STREET NE 5298 FILLMORE STREET NE 5300 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 KUUBITS ERICK O MAIERHOFER EDWARD & KIM JEAN J SANDE VIRGINIA J 1021 HATHAWAY LN NE 1229 HILL WIND RD NE 1231 HILL WIND RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 DELANEY WILLIAM J & GAYE M WOS THOMAS M CURRENT RESIDENT 1233 HILL WIND RD NE 1235 HILL WIND RD NE 1237 HILLWIND RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 POUNDSTONE SHAWN M HOST LARRY J &ANNE T VESPA GEORGE A 1239 HILL WIND RD NE 1247 HILL WIND RD NE 1249 HILL WIND RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FEHN ALLAN J & PAMLEA M DEMPSEY SANDRA L JOHNSON DELBERT J &ANGES K 1251 HILL WIND RD NE 1251 HILLWIND RD NE 1271 HILLWIND RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KIM OK HYUN & HAE YOUNG AHMED IQBAL & NAEEMA HATCHETT RAY A& SHARON D 1291 HILLWIND RD NE 1301 HILLWIND RD NE 1313 HILLWIND RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 IND SCHOOL DISTRICT#13 FRANK ROGER M & SHIRLEY A ISLAM MUHAMMAD Q & ISHRAT R 1400 49TH AVE NE 5512 FILLMORE ST NE 5560 FILLMORE ST NE COL HEIGHTS, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55421 LOSKOTA JOSEPH &JENNIFER KOEHLER BONNIE K JENSEN MARK A 5562 FILLMORE ST NE 5570 FILLMORE ST NE 5572 FILLMORE ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55432 FRIDLEY, MN 55421 CURRENT RESIDENT Bad Address 1 Bad Address 10 5575 FILLMORE ST NE FRIDLEY, MN FRIDLEY, MN FRIDLEY, MN 55432 Bad Address 11 Bad Address 12 Bad Address 13 FRIDLEY, MN FRIDLEY, MN FRIDLEY, MN Bad Address 14 Bad Address 15 Bad Address 16 FRIDLEY, MN FRIDLEY, MN FRIDLEY, MN CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5353 FILLMORE STREET NE 5355 FILLMORE STREET NE 5357 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5353 FILLMORE STREET NE 5355 FILLMORE STREET NE 5357 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5512 FILLMORE STREET NE 5526 FILLMORE STREET NE 5530 FILLMORE STREET NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 i s�5 /ham SSSS' Ab -g . J Q �5Q1 mho I L;so � Gh�l b�Qr 1�'al 3(y i sass b-e-gs- .h-Sys- Zi b ss- sass �h�� hiss Liss �� ss 1 -bb ,fdr)(73 Few 1 tv r r t 1Z� X �c7 � �� z � �l.�fi� SUBJECT / P MIT NO. City of Fridley o 17821 AT THE TOP OF THE TWINS BUILDING I I I L D I�I/ � P E R M I T i D t,J ' v `J 1 1` R COMMUNITY DEVELOPMENT DIV. 1 rr •PROTECTIVE INSPECTION SEC. /,571 CITY HALL FRIDLEY 55432 NUMBER REV DATE PAGE OF APPROVED BY L,1:�'�'. 612-571-3450 910-F15 11/29/84 r10B ADDRESS Adi, 5512 Fillmore Street N.E. 1 ryLEGAL SOT N0. BLOCK TRACT OR ADDITION SEE ATTACHED DESi pt, jptg 7 $ Aud. Sub. #25 SHEET 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE Roger Frank 5512 Fillmore Street N.E. 574-0356 3 CONTRACTOR MAIL ADDRESS ZIP PHONE LICENSE NO. Same 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAIL ADDRESS ZIP PHONE LICENSE NO. Jsi`, ei•: . 6 USE QBUILDING Residential 7 CLASS OF WORK ❑ NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑ REMOVE X 8 DESCRIBE WORK Construct a 30' x 26' Detached Garage 9 CHANGEOFUSEFROM . TO STIPULATIONS provide a hard surface driveway. Convert existing garage to living area q( upon completion of new garage or obtain Special Use Permit to retain existing garage. SEPERA TIT'LRhtf BeforeEAT( �G. LUtkf;i+a calflocal utilities '1 TELEP�ICNE.LLECTRIC-GAS Etc. SIG, ^ REQUIRED BY LAIN ty;�2a �,tr.ick TYPE OF CONST. OCCUPANCYGROUP OCCUPANCYLOAD SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. Wood Frame THIS PERMIT.BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SO.FT. CU.FT. AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. NO. DWLG. UNITS OFFSTREET PARKING I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 1 STALLS GARAGES AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS VALUATION SURTAX AND,ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT $8,743 $4.38 DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE SAC CHARGE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. $74.50 PLAN CHECK FEE TOTALFEE $78,88 SIG RE OF CONTRACTOR RAUTHO ED AGENT iDATE) WHEN PROPER VALIDATED THIS IS YO R PERMIT -ev -4-- (.1/1z�. SIGNATURE OF OWNERtlF OWNER BUILDERI (DATE) BLDG )NSP 0 7E / * 4k, 71*1 z , 3' a •� i d r,j�j l 1 i f Y[y1 e4 11 fl r +A',v+`, ;mac��' f ase . ,�•. .,H .- � - a "� . r. c � G Y y - ry � x s �1: 1057 Fillmore Circle • Fridley,MN 55432 Y � July 26, 1999 Mr. Scott Hickok Planning Coordinator 6431 University Avenue NE Fridley,MN 55432 RE: Special Use Permit Application,SP 999-06, 5512 Fillmore, Roger Frank Dear Scott: Frankly[(>_-),sorry...],the place is still an embarrassment.Although it is noticeably less a junkyard thah it�xas„before you put your attention on it -thank you-,it is still far from neighborly. ,Had I a magic wand[I have always been a dreamer...],I would have the existing,unkempt,flat- roofed accessory workshop/garage and uneven,unpainted fence razed and replaced with a nice yard. �;1 m ,druthers,I would at least have the existing accessory building fixed up to better match the htause. Bottom line: I am vehemently opposed to another accessory building at 5512 Fillmore -and to the existing one,for that matter. Sincerely, Forrest Harstad A neighboring town home owner who drives by daily. 5”; \ / \ �> City of Fridley Land Use Application SP-99-06 August 4, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: intersection. In 1972 a building permit Roger Frank was issued for an attached garage and 5512 Fillmore Street kitchen. In 1984, a permit was issued Fridley, MN 55432 for a detached garage,which,being a second accessory building over 240 sq. Requested Action: ft., required a Special Use Permit. Special Use Permit Purpose: Legal Description of Property: To allow a second accessory building in Part of Lots 7 & 8,Auditors Subdivision excess of 240 square feet and to comply #25 with a building permit requirement of Public Utilities: November 28, 1984. Water and sewer are available Existing Zoning: to the site. R-1 (Single Family) Transportation: Location: Fillmore Street provides vehicle access 5512 Fillmore Street to the site. Size: Physical Characteristics: 19,500 sq. ft. .45 acres The accessory building, the subject of Existing Land Use: this request, exists on site as built in Single Family home 1984. Condominiums surround the Surrounding Land Use&Zoning: property on the north,west and N: Multi-Family, R-3 southwest. To the east is a public school E: Public School, P and directly south is a wooded area. The S: Two-Family, R-2 grade increases dramatically at this W: Multi-Family,R-3 wooded area and there are single family Comprehensive Plan Conformance: homes above on Hillwind Road. Consistent with Plan SUMMARY OF PROJECT Zoning Ordinance Conformance: Sections 205.07.O1.C.(1) requires a Roger Frank is requesting a special use permit to comply with the building permit stipulation special use permit for accessory buildings,other than the first accessory from November of 1984 when he constructed building, over 240 square feet. the accessory building. He is currently selling the property and wishes to clear up this outstanding issue. History: SUMMARY OF ANALYSIS Auditor's Subdivision was recorded in City Staff recommends approval of this special 1939. In 1961, the house was moved to use permit with stipulations. the site due to highway improvements at what was the Hwy 100 and Hwy 65 2 Special Use Permit Accessory buildings are permitted with a special use permit in R-1 districts. Mr. Frank applying for this permit will clear our records and bring this building into compliance with the Code. CITY COUNCIL ACTION August 23, 1999 Staff Report Prepared by: Scott Hickok Missy Daniels STAFF REPORT SP #99-03 Re uest Roger Frank is requesting a special use permit for a second accessory building that is over 240 square feet. The property, located at 5512 Fillmore Street, is a single-family home. The accessory building to which the request applies was constructed in November of 1984. At that time, the building permit stipulations stated that the petitioner was to convert the existing garage to living area or obtain a special use permit for the new accessory building. A special use permit was not obtained in accordance with the stipulation. Mr. Frank is now interested in selling his house and hopes to rectify any outstanding issues with the property. Neg South side of detached garage History Auditor's Subdivision was recorded in 1939. In 1961, the house was moved to the site due to highway improvements at what was the Hwy 100 and Hwy 65 intersection. In 1972 a building permit was issued for an attached garage and kitchen. In 1984 a permit was issued for a detached garage,which,being a second accessory building over 240 square feet, required a Special Use Permit. Anal The structure measures 30' by 26' and is 12' in height. It is constructed of stucco to match the house. The building is currently used for a garage and for storage of miscellaneous building materials. A flat roof design was utilized to accommodate an eventual second story"carriage house". The building matches the home from an exterior materials perspective,but overall has a commercial building appearance. With 12-foot sidewalls, a pitched roof to match the house would not be possible. It would exceed the 14-foot height limitation set by the Code. This accessory structure has not been well maintained. The north face of the building has been severely stained from tar and roofing materials that have washed off in that direction. The appearance from adjacent properties is unappealing. The property itself has been the subject of numerous property maintenance complaints and citations. A stipulation regarding property maintenance, storage, and building appearance will be essential to rectify the sub-standard, existing conditions. With the appearance of the structure, there is also concern about the use of the garage when a new buyer takes on the property. A stipulation regarding the use of the garage for residential purposes only will be required. No home occupations will be permitted in the accessory structure and no storage of supplies related to a home occupation shall be permitted. A hard surfaced drive is also required. One exists currently,but it will need to be properly maintained. The petitioner has indicated that he walled off a single-stall garage on the existing structure. This is important because the City Ordinance regarding R-1 accessory structures requires that the combined total of accessory buildings(attached/detached) on a property shall not exceed 1400 square feet. If Mr. Frank did wall off the single stall garage beneath the original structure,his accessory structure total is 1356 square feet. If he did not, his total would be 1620 square feet. A prospective buyer indicated that the 11' by 24' single-stall garage was not walled off from the other accessory building space. If this is the case,the petitioner exceeds the 1400 square feet limit and this must be corrected. A stipulation regarding proof of modification by City inspection will be required. If it is true that the 11' by 24' space has not been walled off from the remaining portion of the attached garage, a time limit for doing so must be imposed. If proper construction steps were not taken in this time limit,the approval of the special use permit would thereby fail. t ;s View of garage from the north Garage door from the north Resident Concerns/Questions City staff has received one letter concerning this project(attached). The letter was in opposition to an additional accessory building and"to the existing one, for that matter." Considering special use permit requests rarely come years after a project is completed, there may be some confusion with the notice for a hearing on this one. There is no additional accessory building planned. Staff Recommendation Second accessory buildings over 240 square feet are a permitted special use in a residential district. Since this building was constructed in 1984, there will not be any additional impact to the surrounding area. City staff recommends approval of this special use permit with stipulations. These are: 1. The subject garage shall be properly repaired so that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surfaced drive shall be repaired and consistently maintained. 4. The 11' by 24' single stall garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999,whichever comes first. 5. A permit shall be obtained prior to the"finishing-off'of the 11' by 24' garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999 or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26' by 30' flat-roofed detached garage shall be removed from this site by January 1, 2000 for failure to comply with stipulations 1-6 of this approval. �� ztceao-•.aee•:v� •`kb 22 `.# YY lffs& . kw MEMORANDUM }A} ° DEVELOPMENT DIRECTOR •�;`.YY,�;�?�edevelopmerrt z � xx} 2k2�£dfICMT1IC � `' •'��evelopmerrt r DATE: August 17, 1999 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Planner RE: Planning Commission Action on Special Use Permit# 99-06 Introduction The City of Fridley has been asked for a special use permit by Roger Frank to allow a second accessory building in excess of 240 square feet and to comply with a building permit requirement of November 28, 1984 in accordance with section 205.07.01.C(1) of the zoning code. The property is Part of Lots 7 & 8 Auditor's Subdivision#25, generally located at 5512 Fillmore Street. Staff recommended approval with seven stipulations. Planning Commission Action At the August 4, 1999 Planning Commission meeting, a public hearing was held for SP#99-06. A motion was made to approve the requested special use permit and the Planning Commission unanimously approved the request with the seven stipulations. Ms. Modig and Mr. Kondrick expressed concern about the recourse the City has if the property is sold before the work is completed. Staff stated that a special use permit is filed with the property and a title search would reveal this. The bond would also assure that the work is done. If the City were to go ahead with the demolition,the new property owner would be notified in advance. Memo August 17, 1999 Page 2 Planning Staff Recommendation Staff recommends approval of this special use permit with the following stipulations: 1. The subject garage shall be properly repaired so that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surfaced drive shall be repaired and consistently maintained. 4. The 11' by 24' single stall garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999,whichever comes first. 5. A permit shall be obtained prior to the"finishing-off'of the 11' by 24' garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999 or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26' by 30' flat-roofed detached garage shall be removed from this site by January 1, 2000 for failure to comply with stipulations 1-6 of this approval. M-99-190 PLANNING COMMISSION MEETING, AUGUST 4, 1999 PAGE 4 2. All necessary permits shall be obXurface City prior to construction. 3. The structure shall not be used fopation. 4. All vehicles shall be stored on a happroved by the City. 5. The siding and roof materials shaterior of the existing home. 6. Landscaping of the lot, subject City staff approval, shall be completed. 7. An overhead garage door, tching the garage door on the attached garage, shall be installed. / 8. A letter of credit of$20,P60 shall be submitted prior to issuance of a building permit/CAI ime completion of the project. 9. Failuree e improvements by November 1, 1999, shall constitute a basis fng a public hearing to revoke the special use permit. UPON A VOILL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTIOUNANIMOUSLY. Mr. Hickok sty Council will consider this request on August 23. 2. _PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #99-06, BY ROGER FRANK: For a second accessory building over 240 square feet to be used as a garage on his property, legally described as Part of Lot 7 and 8, Auditors Subdivision No. 25, Anoka County, Minnesota, lying west of the east 400 feet thereof and lying east of the state highway right-of-way, subject to an easement acquired by the City of Fridley for utilities and street purposes across the easterly portion of above described property, generally located at 5512 Fillmore Street. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, 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 7:45 P.M. Ms. Daniels stated the special use permit is to allow a second accessory building over 240 square feet on the lot and also to comply with the building permit requirement of 1984 when the building was actually constructed. The property is zoned R-1, Single Family, and has been used as such since 1961 when the current home was moved onto the lot. In 1972, a building permit was issued for an attached garage and kitchen. In 1984, a permit was issued which is the subject of the special use permit hearing. To the north, south and west are multi-family townhomes and to the east is a public school. Ms. Daniels stated the structure that is the subject of this hearing was built in 1984 and measures 30 feet x 26 feet x 12 feet high. It is currently used as a garage and for storage of miscellaneous building materials. It has a flat roof design meant to accommodate a second story, but that is not allowed by code. There is a 14-foot height limitation for accessory structures, and this is already at 12 feet. Because of the flat roof, the building has a commercial appearance. The north face of the building is stained from run-off from roofing materials. The property itself has been the subject of several citations because of outside storage on the property. These problems together 4 PLANNING COMMISSION MEETING, AUGUST 4, 1999 PAGE 5 make it essential to include a stipulation regarding maintenance, storage, and building appearance of the accessory structure. A stipulation regarding the use of the garage for residential purposes only will be required. Currently the area of the accessory structures is 1,600 square feet, which is more than what is allowed by code. Another stipulation requires walling off an existing single car garage. There are now three separate garages on the property— a single-car attached garage, an attached two-car garage, and a detached two-car garage. The petitioner is planning to wall off the single car garage to meet the requirements. Ms. Daniels stated that staff has received one letter and one call concerning the structure. Both believed an additional garage was going to be built. They also expressed concern for the upkeep of this accessory structure and the property in general. Ms. Daniels stated staff recommends approval of the special use permit with the following stipulations: 1. The subject garage shall be properly repaired so that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surface drive shall be repaired and consistent maintained. 4. The 11-foot by 24-foot single staff garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999, whichever comes first. 5. A permit shall be obtained prior to the "finishing-off' of the 11-foot by 24-foot garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999, or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26-foot by 30-foot flat-roofed detached garage shall be removed from this site by January 1, 2000, for failure to comply with stipulations 1-6 of this approval. Mr. Sielaff stated the result of this is that by the year 2000 they will have a single car garage. Ms. Daniels stated, no. The house has a single car garage that is at the back of the home. That structure will be converted to living space. The property will then have an attached two-car garage and a detached two-car garage. This will bring the total square footage for accessory structures to 1,362 square feet, which is less than the 1,400 feet allowed by the code. Ms. Modig asked what would be removed by the year 2000. PLANNING COMMISSION MEETING, AUGUST 4, 1999 PAGE 6 Ms. Daniels stated the detached garage would be removed only if there is a failure to comply. Mr. Frank stated he owned the property. He has no problem with the stipulations. It is in his best interest to make the property as attractive as possible. Mr. Kondrick stated stipulation #6 requires a bond and the modifications to be completed by November 1. Mr. Frank stated he could complete the work by that date. Something else has come up. The people who are interested in the property want to use the double garage as living space. He just wants to make it more salable. If they want to use that garage space as living space, they will have to take out a permit anyway. Ms. Daniels stated that would require a permit but nothing else. Mr. Hickok stated it would require that all the stipulations be met because they would be moving closer to that date. The clean-up and maintenance of the garage and the property would still apply. Ms. Modig stated this has to be done before the sale of the property. Does the listing agreement state and is the realtor aware of the special use permit so that potential buyers are aware the requirements? Mr. Frank stated the property is not currently listed. It is for sale by owner. He plans to have everything cleared up before selling the property. Mr. Kondrick asked, if the petitioner were to sell the property before November 1 and did nothing, what recourse does the City have to make these things happen? Mr. Hickok stated a special use permit is a contractual agreement to do certain things. That would be a problem because it would endanger the future owners. Full disclosure is essential. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:59 P.M. Mr. Kondrick stated he assumed Mr. Frank is aware of the stipulations and understands the direction that the City is going with this and what the City is looking for in terms of improving the property. It would help him, future buyers,and the neighbors. He would recommend approval with the stipulations. Ms. Modig agreed. Her only problem is that she is concerned about the fact that the property is for sale at this time, and what assurances the City has that the property owner will make the potential buyers aware of what must be done. If the property is PLANNING COMMISSION MEETING, AUGUST 4, 1999 PAGE 7 sold and work is not completed, is there a way to be sure that the potential owner is aware of the special use permit and the ramifications? Mr. Hickok stated a special use permit is filed with the property. Any title search will reveal this. Staff will get this to the County after approval by the City Council. The bond would assure that the work is done. A future owner may have that surprise, but he trusts that the current owner would communicate this. In the event that it is a problem, the City has the funds to do the demolition. The new property owner would be made aware ahead of time that this was a stipulation filed against the property. If the City were to go ahead with the demolition, the new property owner would be notified in advance. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #99-06, by Roger Frank, for a second accessory building over 240 square feet to be used as a garage on his property, legally described as Part of Lot 7 and 8, Auditors Subdivision No. 25, Anoka County, Minnesota, lying west of the east 400 feet thereof and lying east of the state highway right-of-way, subject to an easement acquired by the City of Fridley for utilities and street purposes across the easterly portion of above described property, generally located at 5512 Fillmore Street, with the following stipulations: 1. The subject garage shall be properly repaired to that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surface drive shall be repaired and consistently maintained. 4. The 11-foot by 24-foot single staff garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999, whichever comes first. 5. A permit shall be obtained prior to the "finishing-off' of the 11-foot by 24-foot garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999, or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26-foot by 30-foot flat-roofed detached garage shall be removed from this site by January 1, 2000, for failure to comply with stipulations 1-6 of this approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on August 23. 3. PUBLIC HEARING: CONSIDERATION OF REZONING REQUEST ZOA #99- 03 BY TOM & DAVE GONYE GONYEA COMPANY INC.: r ' AGENDA ITEM ri CITY COUNCIL MEETING OF AUGUST 23, 1999 MY of FRIDLEY DATE: August 17, 1999 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok,Planning Coordinator Missy Daniels, Planner RE: Planning Commission Action on Special Use Permit#99-06 Introduction The City of Fridley has been asked for a special use permit by Roger Frank to allow a second accessory building in excess of 240 square feet and to comply with a building permit requirement of November 28, 1984 in accordance with section 205.07.0l.C(1) of the zoning code. The property is Part of Lots 7 & 8 Auditor's Subdivision#25, generally located at 5512 Fillmore Street. Staff recommended approval with seven stipulations. Planning Commission Action At the August 4, 1999 Planning Commission meeting, a public hearing was held for SP#99-06. A motion was made to approve the requested special use permit and the Planning Commission unanimously approved the request with the seven stipulations. Ms. Modig and Mr. Kondrick expressed concern about the recourse the City has if the property is sold before the work is completed. Staff stated that a special use permit is filed with the property and a title search would reveal this. The bond would also assure that the work is done. If the City were to go ahead with the demolition, the new property owner would be notified in advance. Planning Staff Recommendation Staff recommends approval of this special use permit with the following stipulations: 1. The subject garage shall be properly repaired so that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surfaced drive shall be repaired and consistently maintained. 4. The 11' by 24' single stall garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999,whichever comes first. 5. A permit shall be obtained prior to the "finishing-off'of the 11' by 24' garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999 or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26' by 30' flat-roofed detached garage shall be removed from this site by January 1, 2000 for failure to comply with stipulations 1-6 of this approval. M-99-190 CITY OF FMDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 •(612) 571-3450• FAX(612.) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 2, 1999 Roger Frank 5512 Fillmore Street Fridley, MN 55432 Dear Mr. Frank: On August 23, 1999, the Fridley City Council officially approved your request for a Special Use Permit, SP #99-06, to allow a second accessory building in excess of 240 square feet and to comply with a building permit requirement of November 28, 1984, in accordance with section 205.07.01.C(1) of the zoning code, legally described as Part of Lots 7 & 8 Auditor's Subdivision #25, generally located at 5512 Fillmore Street. Approval of this special use permit is contingent upon the following stipulations: 1. The subject garage shall be properly repaired so that all surfaces are clean and well maintained in appearance. The tar will have to be removed before repainting in order to achieve the desired appearance. 2. The subject garage shall not be utilized for home occupation purposes. No home occupation shall exist within, and no storage related to a home occupation within the home shall be permitted. 3. The hard surfaced drive shall be repaired and consistently maintained. 4. The 11' by 24' single stall garage beneath the principle structure shall be finished as living space prior to sale of property or November 1, 1999, whichever comes first. 5. A permit shall be obtained prior to the "finishing-off' of the 11' by 24' garage as living space. 6. A bond in the amount of$10,000 shall be given to the City to assure that all clean-up and building modifications occur prior to November 1, 1999 or that the City has adequate demolition funds if these stipulations are not addressed. 7. The 26' by 30' flat-roofed detached garage shall be removed from this site by January 1, 2000 for failure to comply with stipulations 1-6 of this approval. If you have any questions regarding the above action, please call me at 612-572-3590. Sa ely, i Barbara Dacy, AICP Community Development Director BD/jt cc: Paul Bolin Address File Please review the above, sign the statement below and return pne copy to the City of Fridley Planning Department by September 13, 1999. ) a Concur with action taken. C-99-154