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HomeMy WebLinkAboutResolution No. 2026-98, Approving Conditional Use Permit, CUP #26-04 For a Detached Above-Garage Accessory Dwelling Unit at 60 Talmadge Way Resolution No. 2026-98 Approving Conditional Use Permit, CUP #26-04 For a Detached Above-Garage Accessory Dwelling Unit at 60 Talmadge Way NE Whereas, on July 20, 2026, the City of Fridley (City) received an application to allow a detached Accessory Dwelling Unit (ADU) for the property generally located at 60 Talmadge Way NE, legally described as Lots 5 and 6, Lund Addition, Anoka County, Minnesota, according to the recorded plat thereof (subject property); and Whereas, Chapter 611 of the Fridley City Code (Code) allows detached ADUs to be located on properties in R-1 Traditional Single-Unit Residential District with a Conditional Use Permit (CUP); and Whereas, on August 19, 2026, the Planning Commission held a public hearing to consider a request by James Mackey of Jim Mackey Architect on behalf of property owners Christian and Sarah Idrovo, for the property, for Conditional Use Permit, CUP #26-04 to allow a detached ADU on the existing site; and Whereas, following the public hearing at the August 19, 2026, meeting, the Planning Commission unanimously recommended approval of CUP #26-04 with the stipulations represented in Exhibit A; and Whereas, on September 14, 2026, the Fridley City Council (Council) approved the stipulations in Exhibit A to this resolution as the conditions on CUP #26-04; and Whereas, the petitioner, James Mackey, was presented with Exhibit A, the conditions for CUP #26- 04 at the September 14, 2026, City Council meeting; and Whereas, Section 650.01.9.e.1 of the Code states that this CUP will become null and void one year after the Council approval date if work has not commenced or if the petitioner has not petitioned the Council for an extension. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves CUP #26- 04 and the stipulations represented in Exhibit A are hereby adopted by the City Council of the City of Fridley; th Passed and adopted by the City Council of the City of Fridley this 14 day of September 2026. _______________________________________ David Ostwald – Mayor Attest: Melissa Moore – City Clerk Exhibit A Stipulations 1. The ADU or the principal dwelling unit on the Property must at all times be occupied as the permanent and principal residence of the fee simple or equitable owner(s) of record of the Property. A rental license for the non-owner-occupied unit is required. 2. No more than one ADU is allowed on the property. 3. The accessory dwelling unit must not be sold or conveyed independently of the principal residential dwelling and may not be on a separate tax parcel. A parcel with a principal structure and an ADU may not be subdivided through any means including, but not limited to, filing of a plat, a waiver of platting, lot split, a common interest community plat, or a registered land survey. 4. The exterior appearance of the accessory dwelling unit must be maintained as architecturally compatible with principal structure’s siding, color schemes, roofing materials, roof type and roof pitch and consistent with the requirements of City Code 621.01, including: a. A detached accessory dwelling unit must be no more than 50% of the finished square footage of the principal structure. b. Any exterior stairway which accesses an accessory dwelling unit above the first floor must be located in a way to minimize visibility from the street and, to the extent possible, from neighboring property. c. Balconies and decks above the ground floor must not face an interior side yard or an interior rear yard not abutting an alley. Rooftop decks for an accessory dwelling unit are not allowed. d. Detached accessory dwelling units must be located a minimum of 10 feet from any side or rear lot line. e. An accessory dwelling unit constructed above a detached garage must not exceed 21 feet in total height. 5. The home and the accessory dwelling unit together must have adequate off-street parking for any use on the lot. 6. Utility service must be in conformance with building codes and utility provider requirements. 7. Upon the failure to fully comply with the requirements of this approval, the non-compliant unit(s) shall be vacated within 30 days or another reasonable time as ordered by the City. The non-compliant unit(s) shall remain vacant and unoccupied until the failure is cured and City gives written notice of compliance to the owner(s) of the Property.