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02/26/1992 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, FEBRUARY 26, 1992 7:30 P.M. Public Copy 0 City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, FEBRUARY 26, 1992 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: February 12, 1992 CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-10, BY TIMOTHY HUTCHINSON: (tabled) Per Section 205.24.24. (D) of the Fridley City Code, to allow construction in the CRP-2 (flood fringe) on Lots 21, 22, 23, and 24, Block V, Riverview Heights, generally located at 8021 Riverview Terrace N.E. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF FEBRUARY 6, 1992 OTHER BUSINESS: ADJOURN: CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 12, 1992 CALL TO ORDER: Chairperson Betzold called the February 12, 1992, Planning Commission meeting to order at 7:30 p.m. . ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Sue Sherek Others Present: Barbara Dacy, Community Development Director APPROVAL OF JANUARY 22, 1992, PLANNING COMMISSION MINUTES: MOTION by Ms. Modig, seconded by Mr. Saba, to approve the January 22, 1992, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. RECEIVE AND APPROVE THE 1992 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION RECOMMENDATION: Ms. Dacy stated the typical process for CDBG allocations is that the request is reviewed by the Human Resources Commission regarding the Human Service portion, the Planning Commission reviews the entire allocation, and the City Council takes final action. The City Council has established a public hearing for February 24, 1992, to consider the City's allocation for 1992 CDBG funds. Ms. Dacy stated Anoka County has not yet confirmed the exact dollar amount for 1992 so for planning purposes, the City is using a figure of $110,200 (5% less than 1991) . Typically, the City has allocated 30% of the total to the Human Resources Commission to distribute to human service programs. That amount is $33, 060. Ms. Dacy stated the City of Fridley must reimburse the City of Coon Rapids $25, 000 which the City borrowed in 1991 to use in the Riverview Heights Park acquisition project. Ms. Dacy stated this leaves $52, 140. Concurrently, ACCAP is requesting funding from cities in Anoka County to help them purchase 4-6 two bedroom units for their transitional housing program. ACCAP has two sites in mind--a 4-plex in Columbia Heights PLANNING COMMISSION MEETING, FEBRUARY 12, 1992 PAGE 2 and a 4-plex in Fridley. ACCAP is requesting $23, 026 from the City of Fridley. Ms. Dacy stated that subtracting the $23,026, that leaves the City with $29, 114. Since the outcome of the Maxfield Study, the City Council and HRA want to have a joint meeting to outline general goals for the City's housing future over the next 10 years, and they want staff to come back to them with specific recommendations. The Planning Commission will be involved in that process. She stated that since the CDBG funding year does not begin until July 1, 1992, there is time to get the plans together and look at different funds for housing programs and match the money with the needs. Ms. Dacy stated that staff is recommending that the remaining CDBG funds be allocated to the Riverview Heights Park project. In July or August when the housing analysis is completed, they can consider a reallocation of funds. That can be done by having a public hearing and reallocating those funds to something else. Ms. Dacy stated the Council did look favorably at the ACCAP request. They did not believe it is appropriate to take it out of the Human Service allocation; however, one councilmember is concerned about the amount of money the Human Service part of the CDBG program receives. Ms. Dacy stated staff is recommending the following: 1. The City transfer $25, 000 of its 1992 CDBG allocation to the City of Coon Rapids for repayment of the borrowed 1991 CDBG funds. 2. The City allocate 300 of the total amount available to Human Services. This amount is expected to be $33 ,060. 3 . With or without the ACCAP request, the City allocate the remaining CDBG funds to the Riverview Heights Park project as an "interim" option. This money can be reallocated later for housing programs if it is not required for completion of the Riverview Heights acquisition. Mr. Saba stated that if Fridley gives $23 , 000 to ACCAP as requested for the transitional housing program, will ACCAP then have enough funds to acquire property or is this just a small portion of what they need overall and they will make these same requests on an annual basis for years to come? Ms. Dacy stated ACCAP may not get all the amounts requested from all the cities. It is her understanding that if ACCAP does not get the total amount requested from CDBG monies, they may pursue other PLANNING COMMISSION MEETING, FEBRUARY 12, 1992 PAGE 3 grant requests. Fridley is under no obligation to fund ACCAP the entire amount requested or to fund them at all. Mr. Saba stated that since the City usually allocates 30% of its total CDBG allocation to Human Services, maybe this is an opportunity to accumulate some of this money, other than Human Services, and use it to purchase blighted homes or property for some type of housing rehab, or to even tear down blighted buildings and sell the property. It would be a way of obtaining funds to be proactive in trying to get rid of some of the blighted homes and properties they have in the City. Mr. Sielaff stated it is difficult to make a decision when they do not know how many other cities are going to contribute to ACCAP. If Fridley is the only city that funds the program; would ACCAP still accept the money and apply it to this program? He would feel better if all the other cities contributed also. Ms. Dacy stated Blaine has already funded $60, 000 and Coon Rapids has funded $44,000 from last year's allocation for projects specific in their community. Blaine, Coon. Rapids, Fridley, and Columbia Heights are the largest contributors to this particular project. Because Columbia Heights already has such an extensive housing program, they are looking at not funding this particular program. Mr. Sielaff stated he could see Mr. Saba's point. Why not do something for their own city? If they are going to do something on a county-wide basis, then everyone should contribute to the project. He believed they have an obligation to look after themselves and use the money in Fridley. Mr. Saba stated he did not have strong feelings either way, but it would be nice if Fridley had some type of program they could put this money toward. Granted, $23 ,000 is not a lot of money, but it could be a start. Ms. Modig stated she would be more in favor of funding ACCAP's request and pooling it with funding from other cities than trying to do it individually. Mr. Betzold stated that if the homeless problem is anywhere near what it appears to be, he certainly did not want to turn down anything, even a pittance, to get this thing going. MOTION by Mr. Kondrick, seconded by Ms. Savage, to make the following recommendations to the City Council: 1. The City transfer $25, 000 of its 1992 CDBG allocation to the City of Coon Rapids for repayment of the borrowed 1991 CDBG funds. PLANNING COMMISSION MEETING, FEBRUARY 12, 1992 PAGE 4 2. The City allocate 30% of the total amount available to Human Services. This amount is expected to be $33 , 060. 3. With or without the ACCAP request, the City allocate the remaining CDBG funds to the Riverview Heights Park project as an "interim" option. This money can be reallocated later for housing programs if it is not required for completion of the Riverview Heights acquisition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Savage, seconded by Ms. Modig, to recommend that the City Council allocate $23,026 of the remaining 1992 CDBG funds to ACCAP to assist in developing transitional housing in Anoka County. UPON A VOICE VOTE, SIELAFF VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. 2. RECEIVE JANUARY 6, 1992 , PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the January 6, 1992, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JANUARY 9, 1992 , HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Savage, to receive the January 9, 1992, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE JANUARY 9, 1992 , HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the January 9, 1992, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE JANUARY 16, 1992, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the January 16, 1992 , Environmental Quality & Energy Commission minutes. PLANNING COMMISSION MEETING, FEBRUARY 12, 1992 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the motion carried and the February 12, 1992, Planning Commission meeting adjourned at 8: 15 p.m. Re pectfully ubmitted, Lyn e Saba ' Recording Secretary Ovai STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : September 18, 1991 FRIDLEY CITY COUNCIL DATE : February 26, 1992AUTHOR HM/dn REQUEST PERMIT NUMBER SP #91-10 APPLICANT Tim Hutchinson PROPOSED REQUEST Allow construction in the CRP-2 Flood Fringe District LOCATION 8021 Riverview Terrace N.E. SITE DATA SIZE 11,500 square feet DENSITY PRESENT ZONING R-I, Single Family Dwelling ADJACENT LAND USES R-1, Single Family Dwelling & ZONING UTILITES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP #91-10 Timothy Hutchinson 51/2 SEC. 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ZONING MAP Staff Report SP #91-10, Timothy Hutchinson Page 2 Request The petitioner requests that a special use permit be granted in order to allow the construction of an addition to an existing dwelling unit located in the CRP-2 (Flood Fringe) district. The request is for Lots 21 - 24, Block V, Riverview Heights, the same being 8021 Riverview Terrace N.E. Site Located on the property is a two story, single family dwelling unit with a detached garage. The existing dwelling unit, constructed in 1966, contains a basement. Analysis The petitioner is proposing to construct a two story addition with a basement between the existing dwelling unit and garage. An addition will be constructed to the existing garage to increase its size. Section 205.24.05.A of the Fridley Zoning Ordinance requires that new structures for habitation be constructed so that the basement floor or first floor, if there is no basement, is above the regulatory flood protection elevation. The existing structure is non-conforming because the basement floor -is below the regulatory flood elevation. The petitioner in proposing the addition has indicated that a basement is necessary to provide structural support for the two story addition. The elevation of the basement will be below the regulatory flood elevation. However, the first floor of the dwelling unit will be above the regulatory flood elevation. Special use permits have been approved for crawl spaces and accessory structures below the regulatory flood elevation. Hold harmless agreements recorded against the property have been required to ensure that these spaces are not converted to livable area. In this request, the basement floor cannot meet the minimum elevation requirement. To approve the request even with a hold harmless agreement would be in violation of the ordinance. Previous agreements have been for uses which are clearly accessory in nature and which are permitted under Section 205. 24. 05.B to be at a lower elevation. Staff requested that both the Army Corps of Engineers and the Department of Natural Resources review the request. The request is out of the jurisdiction of the Army Corps of Engineers. The Department of Natural Resources has recommended that the request be denied as the petitioner cannot meet the requirement to locate the basement floor elevation above the regulatory flood elevation. Staff Report SP #91-10, Timothy Hutchinson Page 3 Recommendation for the 9118/91 Planning Commission Meeting As the petitioner cannot meet the elevation requirement set forth in the ordinance, staff recommends that the Planning Commission recommend denial of the request to the City Council. Staff Update - February 10, 1992 The petitioners and staff reached a compromise which meets the code requirements and received approval from the Department of Natural Resources. The petitioners will construct a "full depth" basement under the addition and construct a false floor to reduce the height of the crawl space to five feet. The building code requires a "habitable space" to have a minimum ceiling height of seven feet. The crawl space will be flood-proofed in compliance with all applicable codes, and the petitioners will be required to record against the property a hold-harmless agreement. An elevation certificate will also be required once construction is completed. Recommendation for the 02/26J92 Planning Commission Meeting Staff recommends that the Planning Commission recommend approval to the City Council as revised; with a basement with a concrete floor, and a second false floor constructed of wood to reduce the height of the space to five feet, with the following stipulations: 1. The crawl space shall be flood-proofed in accordance with all applicable codes, and shall not exceed a height of five feet. 2 . A hold harmless agreement releasing the City of all liability and stipulating that the crawl space shall not be altered without approval from the City shall be recorded against the property. 3. An elevation certificate completed by a certified surveyor verifying the elevation of the first floor of the addition shall be submitted once construction is completed. SP #91-10 Timothy Hutchinson . ' x,1 1 : .; ; 1, : !• I I 1 1 1--i I ; ---i--. ; , • ! ! I CLI ; i I • i 01 t : I . - , . ' t I • , I Z I I . i . . • • . i. 1 ; • - • . 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II/ J1[Ijll'L illii IIL"11- _- . . . . . _._ s _T _ • _,_ _.. _, — r i a dii '!' , : 11 Fr :,.,Nog,- 1 Or> . _ 8� . _ ._ . . _,. i _ . . . rt. i_d,�! , I lig. 1 i 1 i ! 1 1 , i l', ' T)• , i ; ; ; ! i ' ; i . ; 1 , ii 1 , II1 ' ! 1 ' Ii : i „ ll 1 , IIIIj ! ' , I ( 1 11 1i11 , I , j I , , I i i , Ili ti , illil , ! I 111111 ' 1 ' 11111: 1 . . 1 ' III , : . ! Ili ELEVATION r nn��S7TATE OF r JU�JMS© U DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 77 2-7 910 FILE NO. September 10, 1991 Ms. Michele McPherson Planning Assistant City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 RE: 8021 RIVERVIEW TERRACE, SPECIAL USE PERMIT, MISSISSIPPI RIVER FLOODPLAIN, CITY OF FRIDLEY, ANOKA COUNTY Dear Ms. McPherson: This letter is in response to notification of the above referenced Special Use Permit application for a basement expansion in the CRP- 2 (flood fringe) district. I have the following comments: 1. Fridley's floodplain ordinance, section 205.24.8, item A, states that "No use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. " 2 . Section 205. 24. 5, item A of the same ordinance requires new structures for habitation to be constructed so that "the basement floor or first floor, if there is no basement, is above the regulatory flood protection elevation. . . ". 3 . With the above references in mind it appears that the proposed construction is prohibited by ordinance and the permit should be denied or limited to construction above the regulatory flood protection elevation. Thank you for the opportunity to comment. Please call me if you have any questions. Sincerely, 7; /71L,7 Tom Hovey Area Hydrologist TH1:kka AN EQUAL OPPORTUNITY EMPLOYER 205.24.4. electrical, sewer and water supply systems located in the 0-1 District 7 flood plait) shall be flood-proofed in accordance with the '; State Building Code or elevated to above the Regulatory ( Flood Protection Elevation. (2) Public Transportation Facilities: Railroad tracks, roads and bridges located within the . _ Flocdway District shall comply with the Sections of this Chapter. Elevation to the Regulatory Flood Protection Datum shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety 'or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. D. Permitted Uses In CRP-2 District (Flood Fringe). No building or structure or any portion thereof, shall be placed within the CRP-2 District, nor shall there be any grading, filling or excavating of land or any use established on any property within the District unless a Special Use Permit is granted. A Special Use Permit nay be granted within the CRP-2 zone with the following exceptions: (1) No Special Use Permit shall be authorized which would result in incompatible land uses or which would be detrimental to the protection of surface and ground water sripp3 ies. (2) No Special Use Permit shall be authorized for structures which will increase the financial burdens imposed on the community and its individuals through increasing floods and overflow of water onto land areas adjacent to the creeks and rivers. (3) No Special Use Permit shall be issued unless the proposal is in keeping with land use plans and planning objectives for the City of Fridley and which will not increase or cause danger to life or property. (4) No Special Use Permit shall be issued in those cases which are inconsistent with the objectives and encourage land use that is incompatible with the preservation of the natural land forms and vegetation. (5) No Special Use Permit shall be issued for any fill unless shown to have same beneficial purpose to the property and the amount thereof must not exceed that necessary to achieve the intended purpose. A plan shall be submitted by . the owner showing the uses to which the filled land will be put, the kind of fill, and the final dimensions of the proposed fill or other materials. Such fill shall be protected against erosion by rip-rap, vegetative cover or_ bulkheading if deemed necessary. (6) No Special Use Permit shall be issued for garbage or 205.01-5 205.24.5. waste disposal sites or %ystens. 0-1 District (7) No Special Use Permit shall be issued unless the applicant submits engineering data, site plans and other iv plans and information, as the City may require, in order to determine the regulatory flood protection elevation in unnumbered A zones, and the effects of such development on . the bed, bank, channel, floodway or flood plain in the . District. The applicant shall submit four (4) complete copies of the application. (B) No Special Use Permit shall be issued unless the proposed use or obstruction has been reviewed by all governmental bodies having jurisdiction over such use or obstruction. Even if the review is required by statutes, ordinances, rules or regulations applicable to other governmental bodies, the City of Fridley retains the right to make the final determination. • 5. ADDITIONAL RESTRICTIONS IN CRP-2 DISIRICLS ADDITIONAL REMRI CTIONS Any Special Use Permit issued for an obstruction in the CRP-2 district shall meet the following provisions: A. Structures. Structures for habitation constructed on fill shall be constructed on fill so the basement floor or first floor, If there is no basement, is above the regulatory flood protection elevation with the fill at that elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance impractical, or in other special circumstances, the Planning Commission may authorize other = techniques of elevating the first floor (including basements) above the Regulatory Flood Protection Datum under the Special Use Permit, that conform with the flood-proofing requirements of the State Building Code. B. Other Uses. Accessory land uses, such as accessory buildings, yards and parking lots may be at elevations lower than the Regulatory Flood Protection Datum if a Special Use Permit is first granted pursuant to this district. Accessory structures must also comply with Section 205.24.4B(1) (b) (1-4) of this district. C. Storage. Any storage or processing of materials that in time of flooding may be buoyant, flarmable, explosive or could be injurious to human, animal or plant life is prohibited. D. Nonresidential Structures. CoRmercial, manufacturing and industrial structures shall be elevated on fill so that their first floor (including basement)- is above the Regulatory Flood Protection Datum but may in special circumstances be flood-proofed in accordance with the , State Building Code. ' Structures that are not elevated to above 205.01-6 • 205.24.8. furnished by the City. Variances to the Creek and River 0-1 District Preservation District must only be for reasons of exceptional circurmstances when the strict enforcement of these regulations. would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and not feasible under the circumstances. Variances granted under this District must be consistent with the general purpose of these standards. Although Variances may be used to modify permissible methods of flood protection, no Variance shall provide for a lesser degree of flood protection than stated in this district. • 7. PO ERR, EUTUS AND TEfl N1CAL ASSISTANCE POKERS, DUI'IIS AND TECHNICAL A. Powers And Duties. ASSISTANCE Tne City shall hear all requests for Special Use Permits and Variances under this district. Requests for Special Use Permits and Variances shall be subject to Section 205.05.4 and 205.05.5 respectively, of the City Code. The City shall submit to the Cormissioner a copy of any application for a Special Use Permit or Variance where a hearing is to be held to consider such application. The Carmissioner shall receive at least ten (10) days notice of the hearing. Such notice shall specify the time, place and subject matter of the hearing and shall be accompanied by such supporting information as is necessary to indicate the nature and effect of the proposed use. A dopy of all decisions granting a Special Use Permit or Variance to the provisions of the Creek and River Preservation District shall be forwarded to the Cocr.3ssioner within ten (10) days of such action. B. Technical Assistance. The City may transmit the information received by it to the appropriate Watershed District or the Commissioner for technical assistance to evaluate the proposed project in relation to flood heights and velocities, for determination of the Regulatory Flood Protection Datum within unnumbered A zones, and to determine seriousness of flood damage to the use, the adequacy of the plans for protection, compliance with the provisions of this district and compliance with Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota (y_5_ ,..cnra Regulations NR 85-93) and other technical matters. 8. EXIST= Kt/CONFORM USES EXISTING Mt:CONFORt'= An obstruction, structure or use which was lawful before adoption of USES this Chapter, but which is not in conformity with the provisions of this district, may be continued subject to the following conditions. A. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. e. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent (50t) of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently. changed to a conforming use or unless the alteration or addition 41 would substantially reduce potential flood damages for the 205.01-9 205.24.10. • 0-1 District - entire structure. • C. Any alteration or addition to a nonconforming use which would result in substantially increasing the accordance damage 1 potential of that use shall be flood-pc with the State Building Code. • D. If any use of an obstruction or structure or the use is discontinued for twelve (12) consecutive months, any subsequent . use of the obstruction, structure or use shall comply in all . • respects with the provisions of this district including, tut not limited to, the obtaining of all required permits and variances. E. If any nonconforming obstruction or structure is destroyed or damaged by any means, including floods to the extent that the cost of repairing or restoring such destruction or damage would be fifty percent (50%) or more of its value, then it shall not be reconstructed except in full compliance with the provisions of this district, including the obtaining of all required. permits and variances. F. The Creek and River Preservation District regulations shall in no way prohibit routine maintenance of existing properties. Routine maintenance is considered to be the work property owners could do previous to the adoption of this district without first obtaining a building permit. svaorvlsloNs 9. SUBDIVISIa1S ' • A. No land shall be subdivided which is held unsuitable by the City of Fridley for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. B. All lots within the flood plain districts shall contain a • building site at or above the Regulatory Flood Protection Datum. C. All subdivisions shall have water and sewage disposal facilities that c«nply with the provisions of this Chapter and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Datum. D. All subdivisions in the flood plain district shall satisfy ••= -�•- =ts of this Chapter. The City shall evaluate the :may..._.........__ subdivision in accordance with procedures established in this district. 10. MANUFACTUREDMANUFACTUREDHOMES AND MOBILE HOME PARRS MANUFACTUREDMCMES A. New mobile home parks and expansions to existing mobile home AND MOBILE. parks shall be subject to the provisions placed on subdivisions HOME PARRS by the above Section. B. Manufactured hares in existing mobile home parks that are located in flood plain districts are nonconforming uses and may be replaced only if in compliance with the following conditions: (1) The manufactured home lies in the CRP-2 District. (2) The manufactured home is anchored with tiedowns that 205.01-10 11"J CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 February 19, 1992 Dear Property Owner: You received the enclosed public hearing notice regarding a special use permit for construction of an addition in the flood plain in September of 1991. The Planning Commission tabled action on this item at the request of the petitioner at their September 18, 1991 meeting. The petitioner has since resolved the issues which resulted in the tabling of the item, and has requested that the Planning Commission review the request at the February 26, 1992 Planning Commission meeting. If you have any questions regarding this request, you may contact me at 572-3593. Sincerely, 1 --ji"A Michele McPherson, BLA Planning Assistant MM/dn C-92-59 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, September 18, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 10, by Timothy Hutchinson, per Section 205.24.04. (D) of the Fridley City Code, to allow construction in the CRP-2 District (flood fringe) on Lots 21, 22, 23 , and 24, Block V, Riverview Heights, generally located at 8021 Riverview Terrace 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: September 4, 1991 September 11, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. `T ---PO.mv uwwu...;04L --6 12� Q Duets I4P.vvl AA- .-f ne:ur e wt1At �le V A‘ vine i —11��5 w►�1 loe, c� Planning 8/30/91 , 2/ 19/92 Timothy Hutchinson MAILING LIST Council SP #91-10 Timothy Hutchinson Steven Lipa 8021 Riverview Terrace N.E. 8249 Thomas Avenue North Fridley, MN 55432 Minneapolis, MN 55444 Dale Tyson Michael LaFave 641 Dover Street N.E. 640 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Gordon Hedlund Jean Werner 1255 Pike Lake Drive 655 Ely Street N.E. New Brighton, MN 55112 Fridley, MN 55432 Current Resident • William Wagner 665 Dover Street .E. 681 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 George Korich John Rice 687 Dover Street N.E. 696 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Roger Holmgren Current Resident 8001 Riverview Terrace N.E. 8041 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Dennis Prince Allan Stahlberg 8031 Riverview Terrace N.E. 8055 Riverview Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Reitner Richard Cook 684 Ely Street N.E. 690 Fairmont Street N.E. Fridley, MN 55432 Fridley, MN 55432 John Koczur Planning Comm. Members 680 Ely Street N.E. Fridley, MN 55432 City Council William Erickson 650 Ely Street N.E. Fridley, MN 55432 Robert Schrader 7965 Riverview Terrace N.E. Fridley, MN 55432 David Padilla 670 Dover Street N.E. Fridley, MN 55432 ya1 .' ,.:�,.r..h.x- �^.>.'^' m•�-.^-. -:^:c'T pry � f f kl� W,� S: x �.,.;,:.. tr= a k Wi ',, t !� tt ECG`+Y,C ,,>ti ♦ na'A t:- C s Sl 4 4 9 x ,t .'yY ,, S ,. i . ,' '_ ,,.,#,.,,, s i'9 k,W ,, ',� '§40,1 ,w rrat y � �`r '),, St'.• .7 i4fL Y 1 l t �i g �b � ��C� �. CITY OF EIDlE `F`+ �r 6431 UNIVERSITY AVENUE N.E. 1. ' FRIDI�Y, MN 55432 ,'t,'. ex nenm3 Develcixnent ent (612) 571-3450 y < 1 Kw 't ,,, SPECIAL USE PERMIT APPLICATION t4 °.'4 ` i1t+' I`P" ,Y, -'s , I'�t'° ' " $ i ''vr� � rt•� .,4 gt� , .'9,' +'cy. � i t yl.l, 4 NI �-"site plan a� �y i of see , »r d , , l ' P1mPERry I TIU1inn',' ?i a , tr� F P td ,� !�'d 9- A ';4., t A'" -t' �, •` to �f r k yi',' ; k '7�A�,��,�7�.�.��.��. V /�� ^ / n `2ffY i•-.�.-,SS � e it(��k I[' ql���'F. IR - �+.,� {y"�{ Address:ess: V ice ' •'i\1 0l'�j4�`�i LK,0' r.�K+��I tc-G ?,.. , C f ,,, Legal description: Lc) -s 2.1 1"`2 2- 12 3 -4- 2 4• 1 n c.� V ""te'R i v L2U i'=W 111 7 et >t , Lot Block_ it r .4 z,..: 1LO�LlI..R11�\Ai !f '�'b�', �M W:{A:r,+r`�+ �g� i�, is zfy' S :M :fir W 7E�'Kr S i�: 4 '4 f iil t:. . q,. ,a r# ill ° *ti , Current zoning: 'a t 4,,e„ . . Square_footage/acreage t t ,:I" j S v` � J •� Irk n Jay '.. y„ Reason for special use permit: ' '-:; (, ;�J ? ),c��]/�4,. f n Section of City Code: Z,O5_ Zq O- : t 7)) ' , °��` Y .., 4 trt Ir.., >q r - .Mn t ��G lJ F aF 'i *i rL II�ORMATI�J L ,x RI4 r r 3n' � 'e. .+' (Contract Purchasers: sign this farm prior to processing) ADDRESS 0 9--( et t t;fZ J(L U.) er-r. nAYrn E I ZONE ' Y�f-3 07 SIGNATURE' I( 'IURE'----t.�//1 c "g014-64----M4 DATE O e errrriONER INFORMATIou - NAME ADESS DAYTIME PHONE SIGNATURE DATA - Fee: $200.00 / .........--...- -- -......_..._.--......-... $100.00 ✓ for residential second accessory buildings Permit sP # II - 10 ReceiPt # 4/ 4-1 g Application received by: i p Scheduled Planning Commission date: . /8 t / / C// Scheduled City Council date: PLANNING COMMISSION MEETING, PTEMBER 18, 1991 PAGE 5 UPON A VOICE VOTE, ALL V ING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNAN OUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-10, BY TIMOTHY HUTCHISON: Per Section 205.24.04. (d) of the Fridley City Code, to allow construction in the CRP-2 District (flood fringe) on Lots 21, 22, 23, and 24, Block V, Riverview Heights, generally located at 8021 Riverview Terrace N.E. MOTION by Ms. Sherek, seconded by Ms. Modig, 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 7:52 P.M. Ms. McPherson stated the special use permit request is to construct an addition to an existing dwelling unit located in the flood fringe district. The property is located in Riverview Heights between Ely and Dover Streets. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Currently located on the property is a single family two-story dwelling unit and an existing detached garage. The existing dwelling unit which was constructed in 1966 prior to the adoption of the flood fringe ordinance regulations does contain a basement. Ms. McPherson stated the proposed addition would connect the existing dwelling unit to the existing garage. Also, an addition would be constructed to the garage. Section 205.24.05.A of the Fridley Zoning Ordinance requires that new structures for habitation be constructed so that the basement or first floor, if there is no basement, is above the regulatory flood protection elevation. The current dwelling unit is nonconforming with this section of the ordinance as it does contain a basement. The petitioner is proposing to expand the dwelling unit with a basement. The elevation of the basement would not be able to meet the requirement to be above the regulatory flood elevation; however, the first floor of the addition would be able to meet the elevation requirements. Ms. McPherson stated that in the past, the City has approved special use permits for crawl spaces and accessory structures which have been located below the regulatory flood elevation. The City has required that hold harmless agreements be recorded against the property to ensure that these crawl spaces and accessory uses are not converted to livable area. Because the ordinance is specific in that the basement floor must meet the regulatory flood elevation, to approve the special use permit, even with a hold harmless agreement, would be a clear violation of the ordinance. She stated the previous agreements and special use permits have been allowed by the ordinance under Section 205.24 .05.B of the Fridley Zoning Ordinance. • PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 6 Ms. McPherson stated staff consulted the Army Corps of Engineers and the Department of Natural Resources regarding this request. The request is out of the jurisdiction of the Army Corps of Engineers; however, the Department of Natural Resources has commented on the request and has supported the ordinance in that the basement does not meet the regulatory flood elevation. Ms. McPherson stated the petitioner does have an alternative in that he can construct the addition on frost footings and create a crawl space under the addition area which Would then meet the flood elevation requirement, as well as meet the City ordinance requirement. Ms. McPherson stated that as proposed, the petitioner cannot meet the minimum elevation requirements set forth in the ordinance; therefore, staff recommends that the Planning Commission recommend denial of this request to the City Council. Mr. Tim Hutchison, 8021 Riverview Terrace, stated that he has discussed his proposal with Ms. McPherson and a gentleman from the Department of Natural Resources. He stated that sometimes these regulations do not seem to be enforced evenly in the area. An addition with a basement is being constructed to a house right now at 680 Fairmont Street, which is one block from him. Mr. Hutchison stated his proposed addition will be quite large. There will be bedrooms and bath on the second floor, and an expanded kitchen and family room on the first floor. He has no intention of using the basement as living space. It will be used only as an accessory for storage. He is more than willing to sign an agreement that the basement area will not be used for livable space. With the kitchen being expanded, they need the plumbing to go into the basement. . There are a lot of reasons for having a basement, even though it might not be needed for ' structural support. Mr. Betzold asked Mr. Hutchison what he would do if this special use permit as proposed is denied. Mr. Hutchison stated he did not know, but he would probably have to move. He stated he has lived in this house for 16 years and does not want to move. Ms. Savage stated that if the basement is to be used for storage, why wouldn't a crawl space satisfy his needs? Mr. Hutchison stated that perhaps a crawl space would satisfy his needs for storage, but the existing sewage pipe is below the regular basement right now, and he would have to meet that sewage pipe with the plumbing from the kitchen and the bathroom. If they didn't have a basement, the pipe would have to go into the ground PLANNING COMMISSION MEETING, SEPTEMBER 18, 1991 PAGE 7 which is 50 degrees, and there would be no heat in the crawl space. Ms. Savage asked Mr. Hutchison if they had ever had any flooding in the 16 years he has lived in this house. Mr. Hutchison stated that in 16 years, he has not even had a wet basement. He stated he disagreed with the fact that there might again be flooding in this area. He works as a chemist for Minneapolis Water Department. He works with the river and knows all the charts and is aware of what happened when the river flooded in 1965. There was an ice jam on the river, and the Army Corps of Engineers were hesitant to dynamite the ice and free up the ice when they should have. The river backed up and flooding occurred through the ditch that runs down 79th Way. It was his understanding that no water came over the river bank. The City of Fridley came out and filled basements to keep the structures from hydrologically shifting. They did not flood crawl spaces. So, houses with crawl spaces could have caved in. He stated he is not worried about a flood again. He believed the Army Corps now knows to dynamite. The Army Corps is regulating the dam downstream at St. Anthony, and the Anoka County Park Board regulates the dam at Coon Rapids, and they work in tandem. Just recently, there has been flooding all over the state, yet the Mississippi has come up only four feet in the last 1 1/2 weeks. Ms. Dacy stated staff sympathizes with a lot of the homeowners in the Riverview Heights area, but until the flood elevation number changes, the City is bound to what the Federal Government tells them to do via these guidelines and ordinances. Ms. Dacy stated staff did check with the Building Inspector regarding 688 Fairmont Street. That particular lot is just outside the flood fringe district according to the flood insurance rate maps issued to the City in the early 1980's by the Federal Emergency Management Association. Ms. Sherek stated her concern is that if the City approves this special use permit and the present owner or subsequent owner applies for flood insurance, should it become known that the construction below the regulatory flood elevation was permitted after the passage of the ordinance, that house may not be eligible for future flood insurance. Ms. Sherek stated that crawl spaces are frequently put into under new split entry homes under the lowest level to provide the sewer egress, etc. , and those areas have concrete floors and are vented, ducted, and heated along with the rest of the house. Ms. Hutchison stated she did not know if they want the Planning Commission to make a decision at this meeting. She stated it is her understanding that the City is petitioning to have the flood elevation changed. PLANNING COMMISSION MEETING, SEPTEMBER 18,. 1991 PAGE 8 Ms. Dacy stated that is correct. There is an issue as to whether or not the elevation that the City currently has to enforce is appropriate. However, until that officially changes, the City has to enforce the ordinances as they are. The Engineering Department has submitted a petition to initiate the process, but this process could take a very long time. Ms. Dacy stated staff is more than willing to meet with the petitioner and contractor to discuss the alternatives regarding the utility pipes, crawl spaces, etc. Mr. Al Stahlberg, 8055 Riverview Terrace, stated the house at 688 Fairmont Street which was built in the early 1980's has a basement. Mr. Dennis Prince, 8031 Riverview Terrace, stated there is another house in this area with a basement that is definitely in the flood plain. MOTION by Ms. Slierek, seconded by Ms. Savage, to table Special Use Permit, SP #91-10, by Timothy Hutchison. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item will be tabled until the -petitioner requests that it be put back on the Planning Commission agenda. 3 . PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #91-02 , BY THOMAS BRICKNER: To rezone from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Dwelling, on Lot 2 and-i he Southerly 399 feet of Lot 3, Auditor's Subdivision No.v88, to allow the construction of an apartment building, enerally located at 6450 Central Avenue N.E. MOTION by Ms. Savage, seconded by Mr. ibba, to waive the reading of the public hearing notice and op ff the public hearing. UPON A VOICE VOTE, ALL �VOTING CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUB IC HEARING OPEN AT 8:25 P.M. Ms. McPherson stated the 'roperty is located on the west side of Central Avenue, just s th of Sandee's Restaurant. The property is zoned C-1, Local : siness, and C-2, General Business. There is similar zoning to e north; M-1, Light Industrial, to the south, and R-2, Two Fa ' ly Dwelling, to the west. This rezoning request is one land e request that will need to be considered by the Council. ' e petitioner is asking that the land use question be answered irst. Should the rezoning request be approved by the Counci , the petitioner will need to submit a plat in order to subd'vide the parcel from the Sandee's Restaurant property, a 1RJ CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY.MN 55432•(612)571-3450• FAX(612)571-1287 January 24, 1992 Tim Hutchinson 8021 Riverview Terrace N.E. Fridley, MN 55432 Dear Mr. Hutchinson: I hope that 1992 has started off on a bright note, and that your trip to Europe was a good one. I am writing to inquire as to the status of the proposed addition to your single family dwelling. If you recall, we have tabled your special use permit request, pending the resolution of two issues: 1. The determination by the DNR as to the preferred alternative for the creation of the crawl space under the proposed addition. I spoke with Tom Hovey, representative from the DNR, on January 23, 1992, and re-explained the options for the creation of a crawl space under the addition area. If you recall, we agreed that you would construct the addition with concrete blocks installed at the depth of a "full basement" and creating a false floor so that the height of the crawl space did not exceed five feet. I inquired if a wooden floor would be acceptable to the DNR with a hold harmless agreement recorded against the property. Mr. Hovey stated that this alternative would be acceptable to the DNR. Therefore, staff will recommend that the Planning Commission approve the special use permit request for the addition, with three stipulations: A. A hold harmless agreement releasing the City from liability and stipulating that the addition area shall not be altered without the City's approval, shall be recorded against the property. B. An elevation certificate completed by a certified surveyor verifying the first floor elevation of the addition shall be submitted when construction is completed. Tim Hutchinson January 24, 1992 Page 2 C. The ceiling height in the lower level of the addition shall not exceed five feet. Please note that these are staff recommendations to the Planning Commission, and that they make modifications in their recommendation to the City Council. 2. In the last conversation that your wife, Debra, had with Barbara Dacy, Community Development Director, she stated that you intended to hire a registered surveyor to verify that your proposed addition would meet the elevation requirements for the first floor. Once you have completed this verification, we would like to reschedule your item before the Planning Commission so that we may complete the process and close your file. If you do not intend to proceed with the proposed addition, we will need a letter requesting withdrawal of your application so that we may close your file. If you have any further questions regarding either of these items, please contact me at 572-3593 . The dates for the next two Planning Commission meetings are February 12 and 26, 1992. Sincerely, Michele McPherson, BLA Planning Assistant MM/dn C-92-27