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04/24/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, APRIL 24, 1991 7:30 P.M. Public Copy City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, APRIL 24, 1991 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: March 27, 1991 PUBLIC HEARING: Consideration of a Special Use Permit, SP #91-06, by Yoava Klucsar, per Section 205. 07.01.C. (1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor's Subdivision No. 22, generally located at 1420 Rice Creek Road N.E. PUBLIC HEARING: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.04, "General Provisions" as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. All AGFS tanks must meet requirements established by the Uniform Fire Code (UFC) and the Minnesota Pollution Control Agency (MPCA) . Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. B. In commercial zoning districts, and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1,000 gallon capacity and/or six (61 feet in height and/or diameter. Use of these tanks is limited to liquid petroleum (LP) . C. Prior to installation, a permit from the City of Fridley Fire Department shall be obtained D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in height, with the exception of LP which does not require fencing. E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. Planning Commission Agenda April 24, 1991 Page 2 RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF MARCH 4 . 1991 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MARCH 14, 1991 RECEIVE THE MINUTES OF THE 1991 IRONMENTAL UALITY & ENERGY COMMISSION MEETING OF MARCH 19 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF APRIL 2 1991 OTHER BUSINESS: ADJOURN: w CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 27, 1991 CALL TO ORDER: Chairperson Betzold called the March 27, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Humberto Martinez, 7786 Beech Street N.E. David McCain, 689 Fairmont Street N.E. Randall Olchefske, Riverside Car Wash Steve Bruns, 1900 Silver Lake Road, New Brighton APPROVAL OF MARCH 13, 1991, PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the March 13, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-18, BY HUMBERTO MARTINEZ, PER SECTION 205. 18.03.C. (4) OF THE FRIDLEY CITY CODE, TO ALLOW THE LOT COVERAGE TO BE INCREASED FROM 40% MAXIMUM TO 44% MAXIMUM ON LOTS 1 THROUGH 5, BLOCK 6, ONAWAY ADDITION, GENERALLY LOCATED AT 7786 BEECH STREET N.E. : (Tabled December 12, 1990 - Public Hearing open) MOTION by Ms. Savage, seconded by Ms. Sherek, to remove Special Use Permit, SP #90-18, from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the property is located at the southwest corner of 78th Avenue and Beech Street in the Onaway Addition. The property is zoned M-2, Heavy Industrial, as are the properties to the north, south, east, and west. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 2 Ms. McPherson stated the request is to increase the maximum lot coverage from 40% to 44% which has been revised from the original request to increase the lot coverage from 40% to 50%. On December 12, 1990, when the Planning Commission reviewed this request, the proposed expansion was both to the south and also to the west, which would have required a reduction in the side yards from 20 and 25 feet to 8 feet. The petitioner has revised the request to expand the building only to the south property line. The petitioner has also requested a variance to reduce the side yard setback from 20 feet to 0 feet. On March 26, 1991, the Appeals Commission voted to recommend to the City Council approval of the variance request to reduce the side yard setback from 20 feet to 2 feet for this particular proposal. Ms. McPherson stated that in the industrial section of the Zoning Code, Section 205.18.03.C. (4) , there are two standards that must be met before a special use permit can be granted to allow the lot coverage to be increased over 40%. While the new request only increases the lot coverage to 44%, there are still questions as to whether or not the site would be able to meet the detention and retention requirements and additional parking requirements, should the primary use of the facility change from the current warehouse use to either manufacturing or office and manufacturing. It is possible that the area to the rear of the building which the petitioner is reserving could hold an additional six parking spaces; however, there would then be less area for detention of stormwater as per the City's requirements. Ms. McPherson stated staff still believes the proposed request would not meet all the standards in the Zoning Code and, therefore, recommends that the Planning Commission recommend to the City Council denial of the request to increase the allowable lot coverage from 40% to 44%. Mr. Martinez stated that at the December 12, 1990, Planning Commission meeting, the Commissioners suggested that he come up with a compromise, and the reduction in lot coverage from 50% to 44% is the compromise he is requesting. He is just asking that he be allowed to expand his business. He wanted to emphasize again that this is an old section of Fridley in which a lot of the buildings are not in compliance with existing codes. At the time many buildings were built, the codes did not exist. Mr. Betzold asked Mr. Martinez if this is the minimum expansion he can do and still make it economically feasible. Mr. Martinez stated that is correct. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 3 Ms. Savage stated that at the Appeals Commission, she was very reluctant to vote in favor of the variance request. She stated Mr. Martinez has made an attempt to comply with the Code. He has reduced the size of his addition considerably, and has provided some space at the rear of the building for parking that was not there in the original proposal. Her biggest concern is that there is a lot of nonconformity in this area, but that doesn't mean they should continue that nonconformity. Mr. Martinez stated the area to the rear of the building will be left grassy or gravel for a parking lot, so there should be no additional drainage problems. He stated 40% lot coverage is allowed, and he is only asking for 44%. Some buildings in this area have 60% lot coverage and more. Mr. Betzold stated he is not very comfortable making a decision on this special use permit until the Commission knows more about whether there is sufficient or insufficient area for water retention. Ms. McPherson stated she believed that if the rear of the property is not needed for parking, there is adequate area to create a detention facility. The issue rises when the building changes owners and changes use, and then there is a conflict over where the extra spaces are created and where the detention facility is maintained at the same time. Mr. Sielaff asked about the nonconformity in this area. Ms. Dacy stated that at least 80% of the properties in the Onaway Addition have been granted some type of variances. The Onaway Addition was platted in the early 1900 's, and the lot sizes are less than 20,000 sq. ft. There is no way for the properties to meet the standards for the M-2 district which is set up for 1 1/2 acre lots. A number of the buildings were constructed in the early 1960's, some constructed in the 1970's, and a lot of them have been issued variances. Ms. Savage stated Mr. Martinez ' existing building is nonconforming, and part of the variance request is to bring the existing building into conformity. Staff recommended in favor of that. Ms. Modig stated that if the property changes use and there are future parking problems, is there any way to prevent future variance requests on that property? Ms. Dacy stated that the Planning Commission or the City Council could not bind a future Council on a future variance request. Anyone has the right to request a variance. At the PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 4 December meeting, the Planning Commission discussed the possibility of placing a covenant restriction against the addition requiring that the addition always be used as warehouse space. There still is the possibility if the other part of the building changes to a manufacturing use that parking is going to be tighter, but now there is the back portion of the lot to accommodate six additional spaces. Before this item goes to City Council, staff will analyze the parking requirements. If the addition is reserved for storage use only, the petitioner might be able to meet the parking requirements. That would also give the petitioner some flexibility in a resale. Ms. Sherek stated another question is: Realistically, is there a stormwater detention problem in this specific area of the City? When she looked at the property in December, she did not think that detention would be a problem and would not be a nuisance to someone else. She would be in favor of letting Mr. Martinez expand his building with the restriction of the use on the expansion, but staff should make sure that they are not facing any potential water problems with the additional lot coverage. Mr. Betzold stated he is uncomfortable passing this on to Council without more information on the water detention and retention; however, if staff does find a problem, he would like the special use permit to come back to Planning Commission. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Mr. Saba stated he would be in favor of recommending approval of the special use permit with a stipulation regarding the covenant restriction on the addition and that the drainage issue be reviewed for any potential problems. He stated Mr. Martinez has done what the Planning Commission asked him to which was to review his proposed plans and try to come up with a compromise. Ms. Sherek stated Mr. Martinez has made a reasonable attempt to accommodate the Commission's and City's concerns, and the Commission should make a reasonable attempt to accommodate Mr. Martinez. MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #90-18, by Humberto Martinez, per Section 205.18.03.C. (4) of the Fridley City PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 5 Code, to allow the lot coverage to be increased from 40% maximum to 44% maximum on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. , with the following stipulations: 1. A covenant restriction be placed on the property that any future use of the expansion be for warehouse use only. 2. If the City Engineering staff finds any major water retention problems created by the parking situation, then the special use permit will again be reviewed by the Planning Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the variance request and special use permit request will go to Council on April 8, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-04, BY DAVID AND SHERI McCAIN, PER SECTION 205.24. 04. (D) OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING HOUSE IN THE CRP-2 (FLOOD FRINGE) DISTRICT ON LOTS 17-20, BLOCK T, RIVERVIEW HEIGHTS, THE SAME BEING 689 FAIRMONT STREET N.E. MOTION by Ms. Modig, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated the special use permit request is to allow the construction of an addition to a single family home in the CRP-2 Flood Fringe District. The property is zoned R- 1, Single Family Dwelling, as are the properties to the north, south, east, and west. Currently located on the property is a single family dwelling unit and a 12 ft. by 20 ft. accessory structure. Ms. McPherson stated that on March 12, 1991, the Appeals Commission recommended approval of a variance request to reduce the front yard setback from 35 feet to 24 feet for the proposed addition, with the exception of the garage area of the addition. Ms. McPherson stated the proposed addition will include a two car garage, two bedrooms, and a living area. The building will not have a basement, but will have a crawl space. This PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 6 is typical of many of the dwelling units in the Riverview Heights area. Ms. McPherson stated the proposed elevation of the first floor is 824 feet, which is one foot above the flood elevation of 823 feet. Staff is suggesting that an elevation certificate be completed to verify that the addition is above the required elevation. Ms. McPherson stated the proposed addition falls within the required lot coverage and meets all setback requirements except the front yard setback. The petitioner has indicated he will remove the existing shed once construction of the addition has been completed. The Code also requires a hard surface driveway once the structure is completed. Ms. McPherson stated staff recommends the Planning Commission recommend to City Council approval of this special use permit with three stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. 2. The petitioner shall complete and record against the property a hold harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3 . The petitioner shall provide a hard surface driveway by November 1, 1991. Mr. McCain stated they are in agreement with the three stipulations. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:06 P.M. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-04, by David and Sheri McCain, per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of an addition to an existing house in the CRP-2 (Flood Fringe) District, on Lots 17-20, Block T, Riverview Heights, the same being 689 Fairmont Street N.E. , with the following stipulations: 1. The petitioner shall complete and submit an elevation certificate to the City. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 7 2. The petitioner shall complete and record against the property a hold harmless agreement waiving the City of any liability for allowing construction within the Flood Fringe District. 3. The petitioner shall provide a hard surface driveway by November 1, 1991. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the variance request and special use permit request will go to City Council on April 8, 1991. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-05, BY RANDALL P. OLCHEFSKE OF RIVERSIDE CAR WASH, PER SECTION 205.14.01.C.6 OF THE FRIDLEY CITY CODE, TO ALLOW THE EXPANSION OF A MOTOR VEHICLE WASH ESTABLISHMENT ON TRACT D, REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520 EAST RIVER ROAD N.E. MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:08 P.M. Ms. McPherson stated the special use permit request is to allow the expansion of Riverside Car Wash. The car wash is located at the northwest corner of the intersection of East River Road and Mississippi Way. Ms. McPherson stated that on March 12, 1991, the Appeals Commission recommended approval of a variance request to reduce the front yard setback from 35 feet to 19 feet. Ms. McPherson stated the petitioner is proposing to remove an existing portion of the car wash, which is to the rear (west) of the building, and construct an addition which would include an area for customers' cars to be vacuumed and windows cleaned on the inside. The proposed addition would have the ability to be totally enclosed during inclement weather and during the wintertime. The proposed expansion will continue the existing line of the mansard roof. The petitioner is proposing to change some of the roof top equipment and screen it along with the construction of the new roof on the addition. Ms. McPherson stated the proposed addition does not alter the traffic patterns on site, nor does it impact traffic along Mississippi Way or East River Road. It will not affect the PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 8 existing landscaped areas, and the site has been fully landscaped. Ms. McPherson stated parking requirements are met through a permanent easement area along the west property line on the property to the north. Ms. McPherson stated staff recommends the Planning Commission recommend to the City Council approval of this special use permit, with the stipulation that the variance request shall be approved. Mr. Olchefske stated he has owned the Riverside Car Wash for 13 years. He has washed over one million cars since the car wash was built in 1969, and he takes pride in providing this service to Fridley residents. Mr. Olchefske stated there is not a full service car wash in Fridley, but there are full service car washes in the cities surrounding Fridley: St. Louis Park, Coon Rapids, New Brighton, St. Anthony, and Brooklyn Center. By not having a full service car wash in Fridley, they are forcing Fridley residents to other cities that have that service, and he wants to be able to offer that service to the Fridley community. Mr. Betzold asked Mr. Olchefske if he anticipated any problem with the traffic flow through the site with the addition. Mr. Olchefske stated he has been thinking about this addition for more than a year. He stated he has marked out the area where the addition would be and placed barrels there to make sure the traffic flow would work. He stated it is a little on the tight side, but it is functional. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval Special Use Permit, #91-05, by Randall P. Olchefske of Riverside Car Wash, per Section 205. 14.01.C.6 of the Fridley City Code, to allow the expansion of a motor vehicle car wash establishment on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E. , with the following stipulation: 1. Variance request, VAR #91-05, shall be approved. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the variance request and special use permit request will go to City Council on April 8, 1991. 4. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND SURVEY, P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP TO REPLAT THAT PART OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 30, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING SOUTHERLY OF THE SOUTH LINE OF LOT 50, BLOCK J. RIVERVIEW HEIGHTS, ANOKA COUNTY. MINNESOTA, AND THE EASTERLY EXTENSION OF SAID SOUTH LINE, WESTERLY TO THE SOUTHERLY EXTENSION OF THE CENTER LINE OF EAST RIVER ROAD, AS SHOWN ON SAID PLAT (NOW KNOWN AS COUNTY STATE AID HIGHWAY NO. 1) , AND EASTERLY OF A LINE DRAWN FROM A POINT ON THE EAST LINE OF LOT 2, BLOCK 1, WAYNE'S FIRST ADDITION DISTANT 1.50 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID LOT 2 TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST OUARTER DISTANT 45. 00 FEET EAST FROM THE SOUTHEAST CORNER OF SAID LOT 2. THAT PART OF LOT 50, BLOCK J, RIVERVIEW HEIGHTS, LYING EAST OF A LINE DRAWN PARALLEL TO AND 150 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 13, REVISED AUDITOR'S SUBDIVISION NO. 103, ANOKA COUNTY, MINNESOTA, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF DEEDS IN AND FOR SAID ANOKA COUNTY, GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E. MOTION by Ms. Modig, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:15 P.M. Ms. McPherson stated this property is located at the southwest corner of the intersection of Fairmont Street and East River Road. The property is zoned C-1, Local Business, with additional C-i zoning to the north. The properties to the west are zoned R-1, Single Family, and PUD, Planned Unit Development, on the property to the east. Ms. McPherson stated that the City processed a lot split, L.S. #87-03, in 1987 to realign the west property line of the subject parcel with an existing fence located to the rear of the gas station. After an extension to record the lot split was granted by the City in 1988, the property was sold. In attempting to record the legal description, the County recommended a registered land survey be processed. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 10 Ms. McPherson stated the proposed Registered Land Survey will create four parcels: Tracts A, B, C, and D. Tract D should be dedicated to Anoka County as right-of-way for East River Road, Tracts A and B are for the gas station, and Tract C will be deeded to the property owner to the west. To correct an error in the staff report, the lower portion of Tract C is actually abstract property and has been recorded while the main triangle is torrens property and will be recorded after the Registered Land Survey is recorded. Ms. McPherson stated the property does meet the lot area requirements for the C-1, Local Business district regulations. There are several outstanding stipulations from the 1987 lot split approval that should be applied to this request. Ms. McPherson stated staff recommends the Planning Commission recommend to the City Council approval of the Registered Land Survey with the following stipulations (#1, #2, and #6 are remaining from the 1987 lot split request) : 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous owner. Mr. Steve Bruns stated that the property is now known as East River Road Texaco and the owner is Donald Kisch. He stated his firm was hired by Title Insurance Company who attempted to record the documents at Anoka County but were unable to do so and were asked to get a Registered Land Survey. Mr. Bruns stated he is concerned with the first two stipulations. These two stipulations were unknown to the new owner or the title company or anyone else when the property was purchased; in fact, the original approval of the lot split, at least as it appears on the deeds, was without conditions. He stated they are in agreement with the other stipulations. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 11 Mr. Bruns stated he was unable to contact Mr. Kisch, but he did talk to the station manager. He did not believe the dumpster will be a problem, although it is going to require the buyer to spend additional monies for things he was not aware of just to get the documents recorded from the closing last November. Regarding the curbing, there has been some discussion about improving the site to add a bay car wash. If that is the case, the curb stops would have to be moved. Ms. McPherson stated she did speak with the survey company the previous week regarding the code requirements for setbacks. There was talk of a car wash at that time, and she did send them information on the special use permit process. Ms. Dacy stated that when Bernadette Benson was trying to sell the property last summer and prior to the closing, she wrote Ms. Benson a letter dated July 16, 1990, regarding the outstanding stipulations. If the stipulations were not on the lot split, then they were made part of the special use permit, SP #84-16. If the seller did not tell the buyer about these conditions, then the buyer might want to approach the seller about them. Ms. Dacy stated that if the owner is considering adding a car wash, a rezoning will be needed from C-1, Local Business, to C-2, General Business, plus a special use permit. If the owner wants to find out about those processes prior to making an investment on the curbing, he could discuss it with staff and establish some timeline for compliance. Also, if the owner does not want to comply with these stipulations, he can request a rehearing of the special use permit and try to get the stipulations changed. MOTION by Ms. Sherek, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:26 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of Registered Land Survey, P.S. #91- 02, by Steven Bruns for Midwest Super Stop to replat that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the south line of Lot 50, Block J, Riverview Heights, Anoka County, Minnesota, and the easterly extension of said south line, westerly to the southerly extension of the center line of East River Road, as shown on said plat (now known as County State Aid Highway No. 1) , and easterly of a line drawn from a point on the east line of Lot 2, Block 1, Wayne's First Addition distant 1.50 feet south from the PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 12 northeast corner of said Lot 2 to a point on the south line of saidFeet Southeast e east fromuarter of the the southeast Northwest corner of said Lot td2stant 45.00 F That part of Lot 50, Block J, Riverview Heights, lying east of a line drawn parallel to and 150 feet east, measured at right angles from the west line of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County, generally located at 8100 East River Road N.E. , with the following stipulations: 1. Complete curbing along the south side of the parking lot. 2. Construct a masonry dumpster enclosure with a chain link fence gate with vinyl slats. 3. Dedicate Tract D to Anoka county as right-of-way for East River Road. 4. Combine Tracts A and B for tax purposes. 5. Deed Tract C to the property owner to the west. 6. Record a 17 foot street, utility, and bikeway/ walkway easement dedicated to the City by Ms. Gabrelick, previous owner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE FEBRUARY 19 , 1991, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the February 19, 1991, Environmental Quality and Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE MARCH 7, 1991, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the March 7, 1991, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, MARCH 27, 1991 PAGE 13 7. RECEIVE MARCH 12, 1991, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the March 12, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE MARCH 26, 1991, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Sielaff, to receive the March 26, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Saba, seconded by Ms. Sherek, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the March 27, 1991, Planning Commission meeting adjourned at 8:35 p.m. Res ectfully submitted, Lyn 7 Saba Recording Secretary 1 r . a A STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE : April 24, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn REQUEST PERMIT NUMBER SP #91-06 APPLICANT Yoava Klucsar PROPOSED REQUEST To allow a second accessory building over 240 square feet. LOCATION 1420 Rice Creek Road N.E. SITE DATA SIZE 46,366 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the N, S, E, and W & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP #91-06 Yoava Klucsar THIS IS A COMPILA I EC. /3, 7+- 30, 24 THEY APPEAR IN T. 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The Appeals Commission recommended approval of a variance to increase the maximum square footage of accessory buildings from 1,400 square feet to 1,932 square feet, with three stipulations (see action taken letter dated April 9, 1991) . Site Located on the property is a single family dwelling and an existing garage with a concrete slab for the proposed garage. The property is zoned R-1, Single Family Dwelling, as are the properties to the north, south, east, and west. Analysis In 1987, the petitioner applied for a building permit to construct a 28 ' x 11' addition to the rear of the existing dwelling unit. At that time, the petitioner questioned whether or not he would be permitted to pour a concrete pad for a 24 ' x 24 ' garage. As the petitioner already has a garage, he was told that a special use permit would be required, as the proposed second garage would be over the 240 square feet allowed for a second accessory building. In addition, the square footage would also be above the 1,400 square feet permitted for all accessory structures, and a variance would also need to be granted. These requirements were indicated on the building permit in the form of a stipulation that no permit for a second garage would be permitted until the original garage was removed (see attached 1987 permit) . The petitioner's property is slightly over one acre in size. The petitioner has located the second garage in such a manner that it would be possible for a breezeway to be constructed between the existing house and the garage. In addition, should the petitioner choose to subdivide the property, it would be possible to allow one garage to exist on one lot and the house and second garage to exist on another lot. The proposed second garage will not adversely impact adjoining property owners, as there is adequate separation between structures. The lot coverage is also well within the 25% allowed by code. The Engineering Department has requested that one curb cut be maintained and be shared between the two garages so that traffic Staff Report SP #91-06, Yoava Klucsar Page 3 interruptions are minimized on Rice Creek Road. Rice Creek Road is a collector street and has about 4,500 average daily trips. If the property is to be subdivided in the future, the right-of-way stub and Lot 30 of the Irvington Addition would need to be vacated and a plat created. If the petitioner chooses to use the existing curb cut, a joint driveway easement would need to be executed at the time of platting. The new lot line could occur where the existing driveway is located. Recommendation Because the lot is one acre in size and large enough to accommodate at least two building sites, granting the special use permit will not create any adverse impacts. The proposed garage will be a logical addition to the property. Staff recommends that the Planning Commission recommend approval of this special use permit request, to allow a second accessory building over 240 square feet. SP #9 1-06 Yoava Klucsar e.en-Ter R..e..e- C.r<_c..k Dr. - . . . (-kJ t'l _.... .,.. ----- ----.----- -2% r 1 . i • ..._______. . ,, i‘ . , I [ i • . _ . • I I t\1 r ; x , • • 1 i ...,. !' , ; 1 . I 9 I 7. P ;- 1 -• ) f?.-- :7-I—.. .....--. —... ....—. ----. ...—.... ...--. Nci l• , 0 • . . • _ ‘11. •. . --. ....—.1 ..—.... ....., . • ) ,,.! t ..o• ki I . Ni r- 1 ___I i 1 i ?.„ ,---,----- I • ....z c7,rA,•_r_ __—7. —---- NN i I Y I 1 1 ji I 1 i 1 s, i . I i i .,>.... . —.........._ . •. I ... • . f . 4 1..• S 'A 1• 1. \ 1 . i •/0" -."--- y- ....", 11 /0 4 lgrr K.-,,, ;'s. r-- • — , ,,. _ f',.. • .z. ... .,\';,s77;r(3.. Cper,A0c. , ,... C . .i. - 7. (.. - li 11 - . I. 1., \ SITE PLAN q t1 v. 4 \\ N' _ k ‘ \l“, 1 ,,,,, , ,q .\-, \. vc tl. r 'cl --&— 4 ‘N 'k, % ‘, k It '-' \'\ -, N k 0 , g3 * % All t :-,,_: -,s; ...1.,:::?: k \V k i-: TE. f ko- i A (1 -k- ii9 ki 1 tu L ' \ 15.j ,i' X - 1 41. t i ? t9 14) a., _ _‘ % _ -.,o kk L -.\ '" --. .; k. i 1,k, , 1.1 .• .Q L z % A .0<q `,' i. \es. ,s', ,,1 i, , k9 14 e k U -k) .\ K t ` ) 'k') lk k' ' \` /A , ‘'f; A s,\ ; ) V ; do '1 ` ' o ki\ QQi. \) ' 74ki - ki \ \Z vx 4 - \ i k k k 4 � � � � \ \- ' ' lc, % a kk; t1 t, � k, ` ` A SUBJECT PE . Th r pCity of Fridley _ 19041 AT THE TOP OF THE TWINS BUILDING PERMIT . ... RE I 4-` COMMUNITY DEVELOPMENT DIV. �} lI ti PROTECTIVE INSPECTION SEC. r S� -5I ,i REv. DATE PAGE Of APPROVED BY I i"'1 CITY HALL FRIDLEY 55432 NUMBER �----� �'' 612-571-3450 910-F15 6/29/87 JOB ADDRESS 1420 Rice Creek DcaG N.E. 1 LEGAL LOT NO. 30 BLOCK 2 TRACT OR ADDITION Irvington Addition (_and SEEETE TACHED OESCR. Pt. 14 Aud. BEM Sub. #22 2 PROPERTY OWNER MAIL ADDRESS ZIP PHONE Yoava Klucsar 1337 Hillcrest Drive N.E. 574-9724 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. 6 USE OF BUILDING Residential 7 CLASS OF WORK 0 NEW 2 ADDITION 0 ALTERATION 0 REPAIR 0 MOVE 0 REMOVE 8 DESCRIBE WORK Construct a 28'- x 11' Addition 9 CHANGE OF USE FROM TO STIPULATIONS See notations on plans. Install products of conihn.tion fire alarms in halls to bedrooms and basement, No permit for garage until existing garage is removed. WARNING Before digging call local utilities SEPARATE PERMITS REQUIRED FOR TELEPHONE-ELECTRIC-GAS Etc. WIRING, HEATING, PLUMBING AND SEGF� S, REQUIRED BY-LAW TYPE OF CONST. _ OCCUPANCY GROUP OCCUPANCY LOAD SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SQ.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 ANO CORRECT.ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED $14,400 $7.20 WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT 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. PLAN CHECK FEE TOTAL FEE o $ 2 7.63 $145.33 ,.,CONTRACTOR OR iHORIZED AGENTX ' IDArEI WHEN PROPERLY VAL TED THIS IS YOUR PERMIT A RE OF OWNER IIF 5'� R:ILDERI IOATEI BLDG ...So Ii.IE . (=T OF _• ,j 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Ccemamity Development (612) 571-3450 Depart SPECIAL USE PERMIT APPLICATION FOIE _~......_.. PROPERTY INFORMATION - site plan required for submittals; see attached Address: ///A t) /t6 e-AroA Ar Legal description: Lot 30, Block 2, Irvington Addition and Lot 14 except the south 390 feet, A.S. #22 Lot Block Tract/Addition Current zoning: Square footage/acreage Reason for special use permit: 'Jj Section of City Code: FEE OWNER INFORMATION ....- -.._.. (Contract Purchasers: Fee Owners nust sign this form prior to processing) NAME toa.U( ADDRESS l 331 4J i l l cJ�-- �� 1�o NE 1`�'iC Jed► 55��Z DAYTIME PHONE SICZURE DATE k't r ICIem INFoRmATIoN NAME ADDRESS DAYTIME PHONE SICTURE DATE Fee: $200.00.........--_....,.-_-..,...-.,....__..-_.........r...,, $100.00 for residential second accessory buildings Penult SP # ! / —0(p Receipt # 3 `T Vol--/ Application received by: Scheduled Planning Commission date: Scheduled City Council date: PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, April 24, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 06, by Yoava Klucsar, per Section 205.07.O1.C. (1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor's Subdivision No. 22, generally located at 1420 Rice Creek Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: April 10, 1991 April 17, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. f � SP #91-06 Planning 4/5/91 Yoava Klucsar MAILING LIST Council Yoava Klucsar A.S. Lambesis 1337 Hillcrest Drive N.E. 6249 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Marian Paulson Ronald Nolby 1425 Rice Creek Road N.E. 6253 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Owner/Resident Carolyn Messick 1441 Rice Creek Road N.E. 6257 Ben More Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Ida Kassow Robert Schmidt 1400 Rice Creek Road N.E. 6291 Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Dorothy Miles Mitchell Moe 1370 Rice Creek Road N.E. 6283 Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Reuben Olson Thomas Fuller 1430 Rice Creek Road N.E. 6275 Kerry Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Carol Dwyer Brickner Builders 6282 Kerry Lane N.E. 6240 Highway 65 N.E. Fridley, MN 55432 Fridley, MN 55432 Brian Westover Planning Comm. Chair 6274 Ben More Drive N.E. Fridley, MN 55432 City Council Members Walter Jacobson 6266 Ben More Drive N.E. Fridley, MN 55432 Robert Carpenter 6258 Ben More Drive N.E. Fridley, MN 55432 Adib Sissi 6250 Ben More Drive N.E. Fridley, MN 55432 Michael Gorski 6245 Ben More Drive N.E. Fridley, MN 55432 f l 1' j UTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE April 9, 1991 Yoava Klucsar 1337 Hillcrest Drive N.E. Fridley, MN 55432 Dear Mr. Klucsar: On April 2, 1991, the Fridley Appeals Commission approved your request for a variance, VAR #91-07, to increase the total floor area of all accessory buildings from 1,356 square feet to 1,932 square feet, to allow the construction of a garage on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor' s Subdivision No. 22, the same being 1420 Rice Creek Road N.E. , with the following stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2 . The petitioner shall provide a hard surface driveway by November 1, 1991. 3 . Special Use Permit, SP #91-06, shall be approved. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sin re�%ly I; i_i---- ur �, j Mic VI McPherson Planning Assistant MM:ls Please review the Appeals Commission action, sign the statement below, and return one copy to the City of Fridley Planning Department by April 22, 1991. a —jam /> . 0- . " Concur with action taken J 111 \JI Community Development Department PLANNING DIVISION City of Fridley DATE: April 16, 1991 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director Kevin Meeks, Intern SUBJECT: Fuel Storage Tanks Background The Planning Division has been alerted by the Fire Department that Federal laws now require replacement of all underground fuel storage (UGFS) tanks by the year 2000. Due to the expense of replacement and installation of the UGFS tanks, the Fire Department is concerned that a trend may occur where property owners, in order to save money, will switch from underground to above ground fuel storage tanks. As a result, aesthetic and safety impacts need to be addressed. We are recommending that the zoning ordinance be amended to regulate placement and installation of above ground tanks. The Planning Division has completed research of above ground fuel storage tanks (AGFS) tanks by taking note of neighboring communities' efforts in dealing with this issue, by visiting local examples of AGFS tanks (we have developed a video tape) , by working with the Fire Department in regard to the Uniform Fire Code, and by evaluating the types of properties where AGFS tanks are located, such as gas stations, industries, and schools. Proposed Amendment The proposed amendment to Chapter 205 of the Fridley City Code entitled "zoning" would be to add 205.04.9 under "General Provisions" as follows: 205. 04. GENERAL PROVISIONS• 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. All AGFS tanks must meet requirements established by the Uniform Fire Code (UFC) and Fuel Storage Tanks April 16, 1991 Page 2 the Minnesota Pollution Control Agency (MPCA) . Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. B. In commercial zoning districts, and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1, 000 gallon capacity and/or six (6) feet in height and/or diameter. Use of these tanks is limited to liquid petroleum (LP) . The reason AGFS tanks greater than a 1,000 gallon capacity are prohibited in commercial areas is due to safety and aesthetic reasons. The Fire Department believes it would not be safe to have AGFS tanks on small commercial sites, such as automotive service stations, because of the risk of accidents or vandalism that could cause the tanks to rupture. In addition, the Fire Department noted that there has never been an incident in the City of Fridley of an underground fuel storage tank exploding and recommends continued use of these types of tanks. Aesthetically, AGFS tanks larger than 1,000 gallon capacity or six feet in diameter and/or height would be an eye sore from the public right-of-way. C. Prior to installation, a permit from the City of Fridley Fire Department shall be obtained. D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in height, with the exception of LP which does not require fencing. We have not proposed vegetation screening, wood, or plastic fencing, as these are flammable materials and therefore recommend only metal chain link fencing with metal slats. E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. The Planning Department has notified all commercial and industrial sites currently using AGFS tanks and have notified all Fridley automotive service stations of the proposed amendment. Recommendation Staff recommends approval of the proposed ordinance amendment as presented. KM/dn M-91-279 205.05.01 a property owner or developer to prevent wind or water erosion. (2) The City may review any development plan to ensure that erosion and sedimentation shall be effectively controlled. E. Water Pollution. The discharge of raw sewage, industrial wastes or other pollutants into the waterways or lakes of the City shall be subject to the regulations of the Minnesota Pollution Control Agency. F. Solid Waste. Sanitary landfills shall be prohibited. 8. FIRE PROTECTION REQUIREMENTS 1. Sprinkler systems shall be required in all buildings hereinafter erected, constructed or altered, and which the single floor area exceeds 10,000 square feet and the floor area of multi-storied buildings exceeds 20,000 square feet in the following zoning districts: C-1 Local Business, C-2 General Business, C-3 General Shopping, CR-1 General Office, M-1 Light Industrial, M-2 Heavy Industrial, S-2 Redevelopment and PUD Districts. 2. Sprinkler systems shall be required in buildings with a gross area less than 10,000 square feet if a minimum of 20 square feet of opening above grade for each 50 lineal feet of wall on at least one side of the structure is not provided. 3. Sprinkler systems shall be required in every building hereinafter erected, constructed or altered and which the aggregate floor area exceeds 8,500 square feet, and said building is located in an R-3 District. 4. All buildings constructed of Type I or II F.R. as defined by the Uniform Building Code may increase the floor area by 300 percent. 5. All sprinkler systems required by this Chapter shall be constructed in accordance with the NFPA Std. #13 entitled, "Sprinkler Systems". I - . E-.:.,t. "/ v� sigfrlecit 1 J4 t( c,FS) 205.05. ADMINISTRATION AND ENFORCEMENT ADMINISTRA- 1. ZONING ADMINISTRATOR TION AND ENFORCEMENT The Zoning Administrator as designated by the City Manager shall provide for: A. The maintaining of permanent and current records of this Chapter including all map amendments, conditional uses, variances, appeals and applications hereto. B. The receiving, filing and forwarding of all applications for amendments, variances, special uses or other matters to the appropriate Commissions and City Council. 10/90 205-20 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, April 24, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.04, "General Provisions" as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. All AGFS tanks must meet requirements established by the Uniform Fire Code (UFC) and the Minnesota Pollution Control Agency (MPCAL. Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. E In commercial zoning districts, and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1,000 gallon capacity and/or six (6) feet in height and/or diameter. Use of these tanks is limited to liquid petroleum (LP) . C. Prior to installation, a permit from the City of Fridley Fire Department shall be obtained. D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in height, with the exception of LP which does not require fencing. E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: April 10, 1991 April 17, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. C HAZMA ` � i AGEMONT` . ,, . ....... The ups and downs . ,.,., of storage tank systems r_. ... By Michael McQuiston and Todd Schwendeman Storage tank systems may be placed I �'�" =_ above-ground (ASTs) or under- -* }� = �"� ground (USTs); neither option is inher- • ently better than the other.Decisions on z 1 .:�z. \, , _ which tank system to use must be based ...,� :.. on applicable regulations, operational mouis :• �` ` '• r4 �.+ considerations,liability and cost. In some --r -'- cases, several such considerations are �; :,.+ t important enough to tip the scale in favor .. - of one of the options. ��� =r, t In other cases,the considerations are �S ,; ,, 3 }r ;� d R so evenly balanced the choice is difficult. i ;,.�,... -- _ . When this occurs, the impact of each `: ; �+ -`ry consideration on the owners tank man- " `" 41 agement plan must be evaluated care- fully. . Storage tank systems are highly 9 en i- I neered combinations at ons of systems for cor- rosion protection, secondary contain- • ment and release detection. They also i ' include equipment for spill and overfill ?, ;, protection,and dispensing a product. :•• ' ,,•, �1..., Tank systems referred to in this article - , , , " `"`s .,., ,r `• y. + are those with capacities of 20,000 gal- ; : fi n j;/,r-,,� Ions or less that contain petroleum and ^ ` -IAA:,-.- O ,, f ) ,:���, r 1 hazardous substances regulated under r'y_ey ={ " - ' .*,- RCRA Subtitle 140 CFR 280 and 281). r "' � r d . : ` This includes most active USTs. -„• " ` h-i',.'°,,; -," ,! Points to consider,The design of a • _ °.,�- , storage tank must allow access for moni- ... ; ; r, toring, inspection, maintenance and re r � ` pair. ASTs are readily accessible and, y t _ therefore, facilitate these activities. ` ' art. ..� '• However, monitoring USTs is difficult, a{Y because they are underground and their , construction prohibits easy access. If a m a ,. UST is damaged,it may become neces- <. sary to excavate it for repairs. p d USTs made of uncoated steel may - .'E' -4- �� corrode in unfavorable environments.In i •"'VC.' .' the worst soil conditions,corrosion could '= :. 'i • — a �` cause a release from an unprotected , 4��r �+ • "`L` steel tank after several years.Corrosion ' 3 c a . •. of AST tank shells is less frequent, be- .`;- • cause ASTs are not in direct contact with soils or typically have corrosion protec- t'• _ tion if they touch the ground. Also, be- a Y ' +t , C. b. x• �. F cause ASTs are accessible for visual , >at. inspection, rapid corrosion rarely takes `` I' an AST owner by surprise. ' ram. New USTs must have corrosion pro- ,•' y k ,k % x tection. Some tanks are constructed of ` rfs corrosion resistant, fiberglass rein t ,.� • r •; ' forced plastic. Steel USTs usually are e+>.., , ;;r"` :••17- , _• - "s,.,.',..",•,*; -,,,,,,, 3.": '. coated during manufacturing with a di- An underground storage tank is excavated and removed. 72 HAZMAT WORLD MARCH, 1991 i, HAZMAT. MANGE 1 electric material and equipped with cath- ' - ' _; odic protection or coated with fiberglass- i reinforced plastic. UST manufacturers i now confidently offer warranties ranging from 30 years to the life of the tank. Warranties often cover only the cost . N - of repairs to the tank if it fails. They do not cover excavation or remediation f - costs if a release occurs. UST owners ' � "'cp, z ' ; .ems,,;, must be alert to potential releases, and aT develop programs to detect releases " 'ie" Y v y and maintain their storage systems. Electronic equipment and other technol- -ogies are available to monitor continu- ously for a release. Environmental liability. Tank sys- tem owners and operators are responsi- .: 2 ble for remediation and liabilities for re- , ,,. .,' .'. t *.. is Y` leases from their storage tank systems. .; ,t . ,< It^., • . Y The cost on a per gallon basisto correct ', r' r et., . + t i, ,, ;1,:).-��" z.rt. • �o . a release from an AST system usually r 1.+• -• °ks 3 . �2 . ` 1,,1-^. 41, ' y 4 is lower than for a UST system. This is This Is one type of above ground tank. because ASTs are easier to monitor for releases and typically are located in less t sensitive areas. .. EPA statistics show nearly 80 percent the type of storage tank system that can of underground fuel tank leaks cost be installed. $20,000 to $50,000 to clean up. Acci- UST system owners and Because ASTs are exposed,they are dents where leaks.are not detected in �' more likely to become targets of vandal- time to prevent extensive contamination operators must be able to ism,or involved in vehicular or other ac- • of soil and groundwater occur in 15 per- cidents. Installing storage tank systems cent of the cases. Site remediation for pay for potential liabilities underground-provides a greater mea- these may cost$70,000 to$300,000. caused by releases from sure of isolation and protection from this The worst releases, the remaining.5 type of physical damage. percent, often require property restora- their storage tank Regulations governing USTs were tion,offsite remediation and settlements promulgated by EPA Sept.23, 1988,as f of lawsuits that can cost up to several systems. RCRA Subtitle I.For new tanks,the reg- million dollars. AST owners and opera- - ulations specify requirements for de- tors are liable equally in the event of a signing and constructing UST systems. V Requirements include preventing corro- '= release from their storage systems.fi'e Fires and explosions in areas where mercial insurance carriers do not pro- sion, spills and overfills, and detecting i- flammable and combustible materials vide pollution liability coverage. Some releases. are stored are a constant concern.USTs carriers offer this type of insurance in The regulations also require such ad- A1.1 present less potential for fires and explo- large policies that include multiple sites ministrative aspects of tank ownership s1 sions,because their systems are not ex- or in packages that include fire,theft and as notifying and reporting to proper w posed to sources of ignition or to air nec- other types of insurance. Tank system agencies, and demonstrating financial ir essary for combustion.Local fire codes owners often are self insured or partici- responsibility. Owners and operators of often require storing flammable materi- pate in a state UST trust fund to protect existing USTs may be required to modify ljt als underground and may prohibit use against environmental liabilities. their systems to comply with new perfor- of ASTs in some areas.Such codes also Insurance carriers have their own per- mance standards. may require installing expensive fire ceptions of various risks when storing Similar regulations do not exist for suppression systems. specific types of hazardous materials in ASTs but are anticipated within the next Hazardous waste tanks are regulated USTs and ASTs. Therefore, before several years. UST standards should under RCRA Subtitle I(40 CFR 264 and choosing a storage system,owners and not change significantly in the years 265). These regulations encourage the operators should consult insurance car- ahead. use of AST systems for storing hazard- riers to identify what type of storage sys- Installation of AST systems is more ous wastes to facilitate monitoring and tern is acceptable, what risk mitigation difficult because specific design and inspection of the systems for releases. measures are required,and the cost and construction guidelines have not been UST systems containing petroleum and limitations of insurance coverage. established.AST systems installed dur- hazardous substances are regulated Before selecting a tank system,a reg- ing the next few years may have to be under RCRA Subtitle I. Regulations for ulatory review must determine what lo- modified when new regulations are above-ground storage of petroleum and cal regulations apply to installation and promulgated. hazardous substances have not been operation of storage tank systems.Reg- Installation costs of basic single-wall . developed. ulatory bodies can include building de- UST system may not differ significantly Insurance. UST system owners and partments,fire marshals,and health and from cost for AST systems. However,a operators must be able to pay for poten- zoning boards.In many cases,local reg- wide range of tank materials and ancil- tial liabilities caused by releases from ulatory requirements are more stringent lary equipment can alter the cost of ei- their storage tank systems. Most corn- than EPA requirements and may dictate ther option. HAZMAT WORLD MARCH. 1991 73 .-a.•g/;47.6,-r. ..<-.,.r .. v ; i` MA'T ' In hot weather, low-viscosity liquids may be subjected to large evaporative losses that complicate AST inventory t control.This can be expensive and may violate air quality standards.USTs main- tain fairly constant temperatures and ! =,I generally are not subjected to tempera- I: ture extremes, with their associated problems. ___ .. _ Heavily populated areas, which are I- , concerned with fire, safety, vandalism and available space, typically favor un- derground storage. Such concerns are not as significant in most rural areas, where ASTs may be preferred. In rural areas, where drinking water typically is ;: supplied by wells,ASTs may provide an extra measure of safety because they °h;. are easily monitored and maintained.A release from an AST system is less likely1" to go undetected and affect groundwater than a UST release. i:. , • Drinking water in urban areas usually _ �� s • is supplied through a municipal system, meaning releases from UST systems r may not pose an immediate threat to drinking water supplies. However, re- __ leases from urban USTs still are of con- .. ` cern,particularly in areas with municipal 44 • well fields. 5 Releases of volatile substances from ?. rt USTs allow vapors to migrate through i soil and collect in adjacent buildings. • This can result in fires and explosions. • Moreover,utility trenches backfilled with x4: porous sand and gravel create conduits -4;?-. through which released substances can ' rapidly travel great distances from a site. Tank management plan.Developing and maintaining a storage tank manage- ment plan is essential. Ownership of a hazardous materials storage tank sys- tern is a serious responsibility. Neglect �__:__. ; of that responsibility carries with it ig substantial legal and financial penalties. Whether a tank owner manages hun- Above-ground storage tanks for refueling centers are unusual. dreds of storage tank systems at multi- ple locations or one tank system, a for- mal management plan is necessary. - Secondary containment systems. AST systems typically are required to A tank management plan evaluates Systems to collect liquids released from have secondary containment systems, regulatory requirements and constraints primary containment vessels are called such as earthen berms, or concrete or associated with an owner's facility and secondary containment systems. They . prefabricated metal dikes. Building can- budget It specifies procedures for tank allow releases to be detected early and opies over AST systems is desirable to management that minimize" environ- 1 minimize potential environmental ef- prevent rainwater from accumulating in mental risks and economic liabilities. fects.In view of the potentially high costs dike systems; this also eliminates the Selection, design, construction and associated with remediation of UST re- cost of disposing water if it becomes operation of tank systems also should leases,it often is prudent to provide sec- contaminated.Other optional equipment be guided by a tank management plan. ondary containment. In some states, it available for AST systems includes fire Existing plans should be reviewed and is required. q suppression systems,pumping systems revised to accommodate changing regu- - Available secondary containment op- to fill tanks, and heating or insulating latory requirements, and facility and tions include double-walled tanks, en- tanks. budgetary constraints. • tz closing tanks in plastic jacketing or plac- AST systems can be exposed to a ing them within impermeable liner sys- wide range of temperatures. During ex- Michael McQuiston is eastern regional tems. Other equipment options for UST treme cold, high-viscosity liquids may manager and Todd Schwendeman is di- systems include automatic tank gauges become so thick they cannot be pump- rector of storage systems management and continuous release-detection moni- ed. Heating or insulating may be re- services at Groundwater Technology t toring systems. quired. Inc. (Norwood, Mass). 74 HAZMAT WORLD' MARCH, 1991 A y ; 1