The URL can be used to link to this page

Home My WebLink Aboutcup 26-04LPUBLIC NO-TICE Fridley City of Fridley Planning Commission Notice of Public Hearing to Consider a Conditional Use Permit by Jim Mackey, Architect Notice is hereby given that the Planning Commission of the City of Fridley will hold a public hearing on August 19, 2026 at 7:00 pm at Fridley City Hall, 7071 University Avenue N.E. The public hearing will consider a Conditional Use Permit, CUP #26-04, by Jim Mackey, Architect, for a detached above -garage Accessory Dwelling Unit at 160 Talmadge Way NE, the legal description is on file and available at Fridley City Hall. Any person desiring to be heard shall be given an opportunity at the above stated time and place. Or, comments may be submitted before the meeting to Nancy.Abts@fridleymn.gov or 763-572- 3593. Publication date(s): August 7, 2026. The City Council will consider this item on September 14, 2026. ® Fridley Civic Campus 7071 University Ave N.E. Fridley, MN 55432 rricilcy 763-571-3450 1 FAX: 763-571-1287 1 FridleyMN.gov PUBLIC HEARING NOTICE To: Property Owners and Residents within 350 feet of 160 Talmadge Way NE Applicant: Jim Mackey, Architect Request: Conditional Use Permit CUP #26-04, for a detached above -garage Accessory Dwelling at 160 Talmadge Way N.E., the legal description is on file and available at Fridley Civic Campus. Date of Hearings: Planning Commission Meeting, Wednesday, August 19, 2026 at 7:00 p.m. The Planning Commission meeting is televised live the night of the meeting on Channel 17. Location of Planning Commission Hearing: Meeting will be held in person at Fridley Civic Campus located at 7071 University Avenue NE. How to Participate: 1. You may attend the public hearing in person and testify. 2. You may submit a letter in advance of the meeting to Nancy Abts, Senior Planner. Questions Call Nancy Abts at 763-572-3593 or email at Nancy.abts@fridleymn.gov Mailing dates August 7, 2026 Publication date: August 7, 2026 Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450. If you need free interpretation or translation assistance, please contact City staff. • Si necesita ayuda de interpretacion o traduccion gratis, comuniquese con el persona( de la ciudod. • Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntowv dawb, ces thov tiv tauj rou Lub Nroog cove neeg ua hauj lwm.• Haddii aad u boahan tahoy tarjumaad bilaash ah amo kaolmo tarjumaad, fadlan la xiriir shagaaloha Magaalada. vwanuiy �aueu-vwnen � rtesiuenw- iv7 vsuurne nu ivy CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 112 GLEN CREEK RD NE 7340 E RIVER RD NE 60 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 51 TALMADGE WAY NE 115 TALMADGE WAY NE 135 GLEN CREEK RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 41 TALMADGE WAY NE 51 OSBORNE WAY NE 7356 E RIVER RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 31 TALMADGE WAY NE 41 OSBORNE WAY NE 30 OSBORNE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT UNASSIGNED SITUS 31 OSBORNE WAY NE 145 LOGAN PKY NE FRIDLEY, MN 00000 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 124 GLEN CREEK RD NE 7449 TALMADGE LN NE 12 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 123 GLEN CREEK RD NE 40 OSBORNE WAY NE 21 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 139 GLEN CREEK RD NE 36 TALMADGE WAY NE 105 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 136 GLEN CREEK RD NE 115 GLEN CREEK RD NE 109 GLEN CREEK RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 61 TALMADGE WAY NE 148 GLEN CREEK RD NE 123 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 rvimmiy �a ueu - vwneis r rtesiuenu - i ur vsuui rie rtu rv� CURRENT RESIDENT HO BENEDICT LUKE & MARY C FRAZIER KHADIJA 137 TALMADGE WAY NE 112 GLEN CREEK RD NE 7340 E RIVER RD NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT HUYNH M M & NGUYEN T T T HAINEY, BRYAN M 48 TALMADGE WAY NE 51 TALMADGE WAY NE 115 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT ETCH, MARYANNE HASSAN, FADHEL 24 TALMADGE WAY NE 41 TALMADGE WAY NE 51 OSBORNE WAY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT FREEMAN, CHARLES C OLSEN GARY MARTIN 151 GLEN CREEK RD NE 31 TALMADGE WAY NE 41 OSBORNE WAY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT ST PAUL BRD OF WATER COMM WALDORF, MICHAEL GERALD 140 TALMADGE WAY NE 25 W 4TH ST 31 OSBORNE WAY NE FRIDLEY, MN 55432 ST PAUL MN 55102 FRIDLEY MN 55432 CURRENT RESIDENT GERMAN, SHEILA M BORNETUM, RICHARD J 175 LOGAN PKY NE 124 GLEN CREEK RD NE 7449 TALMADGE LN NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT BERTUCCI, PAUL ROTONDO, ANTHONY JOHN 130 TALMADGE WAY NE 123 GLEN CREEK RD NE 40 OSBORNE WAY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT KING AARON HUBRED, NICHOLAS 159 LOGAN PKY NE 139 GLEN CREED RD NE 36 TALMADGE WAY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT HAERTI MIKAELA DYMOND MARK WILLIAM 120 TALMADGE WAY NE 136 GLEN CREEK RD NE 159 LOGAN PKWY NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CURRENT RESIDENT PENDERGRASS, BARBARA FRIDLEY CITY OF 100 TALMADGE WAY NE 61 TALMADGE WAY NE 7071 UNIVERSITY AVE NE FRIDLEY, MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 rvmuniy Ld-b - --b T nesiuenu - i ur wuunie - - SPINELLI, ALICIA D 115 GLEN CREEK RD NE FRIDLEY MN 55432 KACZMARCZYK BILLY 148 GLEN CREEK RD NE FRIDLEY MN 55432 IDROVO PERDOMO CHRISTIAN 60 TALMADGE WAY NE FRIDLEY MN 55356 VINCENT MATTHEW 135 GLEN CREEK RD NE FRIDLEY MN 55432 WEGLER DONALD E JR 7356 E RIVER RD NE FRIDLEY MN 55432 KUDUK, KRISTINA 30 OSBORNE WAY NE FRIDLEY MN 55432 CRAFT KENT L & KATHLEEN M 145 LOGAN PKY NE FRIDLEY MN 55432 ANOKA COUNTY OF 2100 3RD AVE ANOKA MN 55303 ANOKA COUNTY OF 1440 BUNKER LAKE BLVD ANDOVER MN 55304 CARTER, ANASTASIA R 105 TALMADGE WAY NE FRIDLEY MN 55432 KOLLING MARVIN D & ROSEMARY 109 GLEN CREEK RD NE FRIDLEY MN 55432 JOHNSON LAUREN ANNE 123 TALMADGE WAY NE FRIDLEY MN 55432 BOEDIGHEIMER, WILLIAM 137 TALMADGE WAY NE FRIDLEY MN 55432 BADER, SHANE N 48 TALMADGE WAY NE FRIDLEY MN 55432 ANOKA COUNTY OF 325 E MAIN ANOKA MN 55303 CHA AMY 24 TALMADGE WAY NE FRIDLEY MN 55432 SMITH, JACOB W 151 GLEN CREEK RD NE FRIDLEY MN 55432 KRAVIK DAVID & KATHLEEN 140 TALMADGE WAY NE FRIDLEY MN 55432 BERGLIN, PETER 175 LOGAN PKY NE FRIDLEY MN 55432 BYRNE, MARY ANN 130 TALMADGE WAY NE FRIDLEY MN 55432 KAM, SAMANTHA 120 TALMADGE WAY NE FRIDLEY MN 55432 WINTER, TYLER 100 TALMADGE WAY NE FRIDLEY MN 55432 AGENDA REPORT Meeting Date: August 19, 2026 Fridley Meeting Type: Planning Commission Submitted By: Nancy Abts, Senior Planner Stacy Stromberg, Assistant Community Development Director/HRA Title: Consider a Conditional Use Permit, CUP #26-04, by Jim Mackey, Architect, for a Detached Above -Garage Accessory Dwelling Unit (ADU) at 160 Talmadge Way Background Regulatory History Fridley's ordinance authorizing Accessory Dwelling Units was approved in 2022. Currently, seven internal and attached ADUs have completed the permit requirements, and an eighth is under construction. This is the first application the City has received for a detached ADU. A detached ADU requires a conditional use permit under the ordinance. The Request Architect James Mackey has requested a conditional use permit for a detached accessory dwelling unit at 60 Talmadge Way NE. The homeowners plan to use the ADU for visiting family members in the near future, and not as an income generating property. Site Description and History The subject property is a large, 1.13 acre lot that abuts Oak Glen Creek to the rear. The existing home was constructed in 1948, with an enclosed porch added in 1985. A recent appraisal of the property found the home contains 1,091 square feet of living space above grade, with an additional 809 square feet of finished living area in the basement. The applicant has stated that the proposed ADU has of living space, which would meet the code requirement that an ADU be no more than 50 percent of the size of the main home. The current owners have had an interest in the property since 2024. t Pont AR of RI Existing house and garage Comprehensive Plan Guidance The 2040 Comprehensive Plan guides this property for Single Family Residential Use, described as "Lots or parcels containing single family detached housing, including manufactured homes, 1- 4 units/acre." The proposal to maintain two dwelling units on a 1.13 acre lot is complaint with this guidance. Code Requirements and Analysis Parking The proposed ADU will replace the existing garage on the property" 7"- Existing garage and neighboring house Two enclosed parking spaces are required for the main home, while an additional two off-street (but not necessarily enclosed) parking spaces are required for the ADU. The proposal includes adequate parking. Landscaping and Screening Based on the plans submitted, it is not clear if construction will require any tree removals. For new construction in the R-1 zoning district, the property would need to have three overstory trees, with at least one of the trees located in the front yard. The rear of the lot is heavily tree covered. Use Use Standards The accessory dwelling unit must not be sold or conveyed independently of the principal residential dwelling..... Either the ADU or the principal dwelling must be occupied by the property owner. There must be a restriction recorded against the property requiring owner occupancy with respect to at least one of Analysis Condition The homeowner plans to comply with this #3 requirement. It is noted in the CUP for future owners. The homeowner plans to comply with the #1 owner -occupancy requirement. It is noted in the CUP for future owners. D nn— AC1 —f Q' the units. A rental license for the non- The CUP will serve as the restriction owner occupied unit is required. recorded against the property. The current proposal meets this A detached ADU must be no more than requirement. It is noted in the CUP for 50°l0 of the finished square footage of the future alterations. principal structure. A detached ADU must have a water and sewer connection to directly to the respective utility main within the public right of way, or if direct connection is impractical, to the existing water and sewer connection at a location on the service to the principal structure... An ADU constructed above a detached garage must not exceed 21 feet in total height. CUP Findings for Approval The potential for the proposed use to be in harmony with the general purpose and intent of the Zoning Code and the Comprehensive Plan. The effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands. The existing and anticipated traffic conditions. The effect on values of property in the surroundings. The applicant has not provided a utility plan showing that direct connection is impractical. The current proposal meets this requirement. It is noted in the CUP for future alterations. #4.a #6 #4.e The proposal is consistent with the Not Comprehensive Plan and the zoning code. needed The proposal is consistent with the #7 Comprehensive Plan, zoning code, and surrounding land use. Ongoing compliance is noted in the CUP for future owners. Traffic and parking are consistent with Not previous and surrounding land uses. needed Adequate off-street parking has been provided. The proposal is consistent with the Not Comprehensive Plan, zoning code, and needed surrounding land use. Staff find that the application does not meet the standards for issuing a CUP, without stipulations. Stipulations Staff recommends that if the conditional use permit is approved, the following stipulations be attached. 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 compliance is gained and the City gives written notice of compliance to the owner(s) of the Property. Recommendation Staff recommends the Planning Commission hold a public hearing for Conditional Use Permit, CUP #26-04. Staff further recommends approval of Conditional Use Permit, CUP #26-04, with the noted stipulations. Attachments and Other Resources Land use Cover Sheet rl-- , r4 _r on 2. Application Summary 3. Narrative 4. Certificate of Topographic Survey 5. 60 Talmadge Way-T1-Title Sheet 6. 60 Talmadge Way-A5-Exterior Elevations 7. 60 Talmadge Way-A6-Sections 8. 60 Talmadge Way-A3-ADU Main Floor Plan 9. 60 Talmadge Way-A4-ADU Upper Floor Plan 10. 60 Talmadge Way-A2-ADU Foundation Plan 11. 60 Talmadge Way -Al -Roof Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. Land Use Application Summary Fridley Item: CUP #26-04 Meeting Date: August 19, 2026 GENERAL INFORMATION SPECIAL INFORMATION Applicant: James Mackey, Architect, on behalf of the property owners Requested Action: Public Hearing to consider Conditional Use Permit, CUP #26-04 for a Detached Accessory Dwelling Unit (ADU) at 60 Talmadge Way NE Location: 60 Talmadge Way NE Existing Zoning: R-1, Traditional Single -Unit Residential District and 0-2, CA:SR Critical Area District: Separated from River Lot Size: 1.13 acres 1 49,223 sq ft Existing Land Use: Single family residence Surrounding Land Use & Zoning: N: Residential, R-1 E: Residential, R-1 S: Residential, R-1 W: Residential, R-1 Comprehensive Plan Conformance: The Future Land Use Map designates the property as Single Family Residential Zoning Ordinance Conformance: Section 611.03 requires a conditional use permit for a detached accessory dwelling unit. Building and Zoning History: 1948 — Lot platted and home built 1985 — 20' x 11' porch added to home 2010 — Water damage to home repaired Legal Description of Property: Lots 5 and 6, LUND ADDITION Public Utilities: Existing building is connected. ADU will need to be connected. Transportation: The property is accessed from Talmadge Way NE. Physical Characteristics: Large residential lot that abuts Oak Glenn Creek to the south. The property contains a small existing home and one -stall garage. Summary of Request: On behalf of the homeowner, James Machey requests approval of a conditional use permit for an above -garage Detached Accessory Dwelling Unit at 60 Talmadge Way NE. Staff Recommendation: City staff recommend approval of the conditional use permit request with stipulations. Rendering of the proposed ADU City Council Action/60 Day Action Date: City Council — September 14, 2026 60 Day Date — September 14, 2026 Staff Report Prepared by Nancy Abts Fridley Permit Information: Permit Type: Conditional Use Permit Permit Subtype: R-1 Permit Number: CUP26-000004 Work Description: Proposed ADU - detached Property Information: Address: 60 TALMADGE WAY NE City, State and Zip: FRIDLEY, MN 55432 PIN:103024140039 Property Owner Information: Property Owner. IDROWO PERDOMO CHRISTIAN Properly Owner Address: 60 TALMADGE WAY NE FRIDLEY, MN 55358 Fridley Civic Campus 7071 University Avenue N.E. Fridley, MN 55432 763-571-3450 J FAX: 763-571-1287 J FridleyMN.gov Applicant Information: Name: Jim Mackey Architect Phone: (651) 644-0869 Application Information: Zoning District R-1, Traditional Single -Unit Residential Other Shoreland Overlay SUBMITTAL REQUIREMENTS Is the applicant the property owner? No Property Owner Phone Number 612-222-0887 Will your project require a parking lot expansion of four (4) or more parking stalls. No Payment Information: Payment Date 07I20/2026 Received From Pa mentAmount y James Mackey $1, 000.00 Signature - Application Date: Application Date: 07/20/2026 60-Day Deadline: 09/18/2026 120-Day Extension: 11/17/2026 Review Dates: — Activity Name Application Intake Completion Date Activity Status Send 15 Day Letter 07/27/2026 07/31/2026 Under Review Planning Commission Meeting 8/19/2026 Complete City Council Meeting 9/14/2026 Scheduled File with County Scheduled ®®® ®o®®®® s®®®®®®®® 1723 LAFOND AVENUE SAINT PAUL, MN 55104 OFFICE 651-644-o869 MOBILE 651-353-8zio E-MAIL jim.mack@myctl.net 6o TALMADGE WAY FRIDLEY, MN PROJECT NARRATIVE WE ARE SEEKING A CONDITIONAL USE PERMIT FOR NEW CONSTRUCTION OF A DETACHED ACCESSORY DWELLING UNIT LOCATED AT 6o TALMADGE WAY. THE STRUCTURE WILL BE a STORIES WITH A a CAR GARAGE WITH ADU ENTRY AND KITCHEN ON THE MAIN FLOOR. THE UPPER FLOOR WILL CONSIST OF A SMALL LIVING ROOM AND a BEDROOMS WITH i BATHROOM. THE ADU WILL BE USED FOR EXTENDED FAMILY VISITS. IT IS NOT PROPOSED IN THE NEAR FUTURE AS A RENTAL UNIT. THE EXISTING HOUSE IS QUITE SMALL AND WITH AN EXTENDED FAMILY THE OWNERS WOULD BENEFIT THE APPROVAL OF THIS PROJECT. PLEASE REFER TO THE DRAWING SET FOR FLOOR PLANS AND EXTERIOR ELEVATIONS OF THE PROPOSED STRUCTURE. THANK YOU FOR YOUR CONSIDERATION. JIM MACKEY ARCHITECT Certificate of Survey Topographic Surve I? Z_ N Bituminous Drivewoy 0 30 60 ,� Feet Concrete Driveway i't Property Address: Existing 60 Talmadge Way NE, House Fridley, Minnesota Property Description: / Lots 5 and 6, L UND ADDITION, Anoka County, Minnesota, according to the recorded plot thereof. 0s le LEGEND 988 — denotes Existing Contour _ 988.00 X denotes Existing Spot Elevation FF=988.00 denotes Finished Floor Elevation � denotes Power Pole ' gyp° denotes Water Shutoff OHE denotes j1161ve Overhead Electric Line x denotes Fence Line denotes Building Setback Lirl-e- Bluff = 40' _en_cbmark: TALMA DGE In, NAIL IN POWER POLE V Y Elevotion=862.99 Fee�-Curb and Gutter-, j (N. G. V. D. 1929) ss O 9 Existing Garage l 860— -- r 3H0 3HO 33HO 3HC ev0.7 V17"w r�o o9 meos. 160.00 plot i\'o ;862 Existing House F = 864.16 862.12 L Z...-4 861.67 -iConcrete _ sidewalk &58 r1556 ~ 15 5bK i - � � r F ' , Bluff Line- j —854 Area = /1, 14 ACRES o' IT 1 1 /A 1 Ilf 11 1. ! r1 11 1 j LJ ! v L — ^— 850 ,EY, MN 55432 „ ■ ; i ■ 5ca s, , c-, 60 TALMADGE WAY GARAGE/ADU TITLE SHEET Project Number 2424 Date 6-17-26 ID,. —By MARCO PLIEGO �Chatke By Checker T1 state rlC� —L C, EY, MN 55432 — I' --------- - 1 YRS Dli u - • oo�! oao i 1 Fff f eC iT CLEVATPO& xw • 1--w r- •1Rf a •45� ca�sr- u�T� 60 TALMADGE WAY GARAGE/ADU EXTERIOR ELEVATIONS 1.1— --.1 2424 'Dale 6-17-26 iDmm By MARCO PUEGO ,Checked By Checker A5 BTaie 114" = 1=0" n--- co -c r_ D EY, MN 55432 EIGHT 7 - 1516^ V -L�%'�Q 10'E��1?T � v * t AT- T_O. GARAGE. ET. -3• 2 _ — _ MA%M�QCi 23'-3WIW— TO l %t P I 'iar i �iWoe• EL�G—T�(LP F ff� T _ T. 2� Ff. & " ia 1 fr■ CO.NST U -Ti wwx.autatlesk-com/revM1 6 TO ALMADGE WAY GARAGE/ADU SECTIONS Project Number 2424 Data 6-1 7_26 Craws By MARCO PLIEGO Checked By Checker a A6 same 1/4" = 1'-O" EY, MN 55432 a[a [ [ [ Y a CDNST L1CTI FALMADGE WAY GARAGE/ADU LEVEL 1 Project Number 2424 Dale 6-17-26 Drawn By MARCO PLIEGO Checked ay Checker A3 1/2' _ n..__ f-In _s-n EY, MN 55432 rrxy ■ �xx• a ■ �c o�vsr uc-�i wwui aulMask rnm/ra�nl EY, MN 55432 a¢ya --[l .A —/revel 60 TALMADGE WAY GARAGE/ADU FOUNDATION PLAN IPruect Number _ 2424 pale 6-1 7_26 ID—ey MARCOPLIEGO Checkee By Checker A2 Scale ur n an , c 0,3 ,EY, MN 55432 eaaa a viww.aulotlesk com/reNl No. Description Date 60 TALMADGE WAY GARAGE/ADU SITE PLAN Prajecl Number 2424 Del. 6-17-26 D.- By MARCO PLIEGO cheated By Checker Al :scale 1/4" Dona r"l of Rl Planninq Commission 8/19/2026 Minutes Paae 4 Motion by Commissioner Meisner to close the public hearing. Seconded by Commissioner Borman. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously, and the public hearing was closed at 727 p.m. Commissioner Brom stated that he does not have any problems with the request but asked if this would set a precedent. Chair Hansen stated that staff has explained that they will be revisiting the Code in the future to discuss this type of item. Commissioner Meisner recognized that in the future they may require a larger lot for this sized structure, but the Code currently allows it. Commissioner Borman commented that someone iri, his neighborhood has a garage larger than what is proposed and he has no objections to that. He stated that either things are able to be kept in a garage or the large vehicles are kept in the driveway. Commissioner Meisner commented that gabling the ends of this building could make it more attractive, but there seems to be support as proposed from the neighbors. i Commissioner Heuchert stated that he does not have any opposition to the design as proposed. Chair Hansen recognized that the neigh rs are in support of the request, noting that if there was opposition, the discussion may be diffe ent. He stated that he has no objection to leaving the shed, as keeping items contained will look tter than having them around the yard. Ms. Stromberg stated that if the shed is allowed to remain, that would equate to 24.7 percent lot coverage, which would mean the,site is built out for roofed structures. Motion by Commissioner Meist'rr_r, ecommended approval of a Conditional Use Permit, CUP #26-03, with the listed stipulationsZonded ng the second stipulation to allow the retention of the existing shed and no further structures. by Commissioner Borman. Upon a voice vote, with all voting aye, Chair Hansen declared the motion carried unanimously. It was noted that this w' I move forward to the City Council for consideration on September 14, 2026. 3. Consider a Conditional Use Permit, CUP #26-04, by Jim Mackey, Architect, for a Detached Above -Garage Accessory Dwelling Unit (ADU) at 60 Talmadge Way (Previously Item 4) Motion by Commissioner Meisner to open the public hearing. Seconded by Commissioner Heuchert. Planning Commission 8/19/2026 Minutes Page 5 Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously, and the public hearing was opened at 7.37 p.m. Nancy Abts, Senior Planner, presented a request for a CUP for a detached Accessory Dwelling Unit (ADU) at 60 Talmadge Way NE. She stated that Fridley adopted its ADU Ordinance in 2022 and since then, seven internal and attached ADUs have been completed with an eighth under construction. She noted that this is the first detached ADU request. She stated that the approximately 980-square-foot, two -bedroom ADU would be built behind and above a new two- story garage and is proposed to be occupied by extended family. She noted that additional conditions would be included that would place restrictions and requirements upon the ADU in the event the property changes ownership in the future. She reviewed the site description, Code requirements, and recommended approval subject to the stipulations found in the packet. She stated that she did not receive any comments via phone related to the request. Commissioner Borman asked for clarification on the stipulation related to stairs. Ms. Abts explained that it would address any future plans for stairs on the exterior, noting that they would be allowed under those conditions. Chair Hansen asked if there would be separate sewer and water connections. Ms. Abts replied that the Code does require a separate connection to the utilities in the street unless it is shown to be impractical. Chair Hansen invited public comments. Christian Idrovo, 60 Talmadge Way, commented that the new garage would allow for both he and his wife's vehicles to be stored in the garage, and the additional living space would allow for family members to visit them. He stated that they moved to Fridley last fall and have a six -month -old baby, and this would allow for his parents and in-laws to come assist with the baby while having their own space. Jim Mackey, applicant, reiterated that the ADU would be used by extended family and the garage would better meet the needs of the property owners. He stated that they would follow all requirements for utility connections. Commissioner Borman asked if the ADU would have a separate meter for power. Ms. Abts reviewed the Code requirements, noting that the current ADUs in Fridley are on the same meter. She stated that gas and electric connections can be provided as those utility providers see fit, as long as they are properly permitted. Motion by Commissioner Heuchert to close the public hearing. Seconded by Commissioner Brom. Planninq Commission 8/19/2026 Minutes Paqe 6 Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously, and the public hearing was closed at 7:48 p.m. Commissioner Borman commented that this seems to be a straightforward request and would be a nice addition. Commissioner Meisner noted that this is a large lot with space for the proposed structure. Commissioner Brom asked if there would be any inspection to ensure family members are using the space rather than a renter. Ms. Abts replied that she does not believe that the City can, or should, enforce that, as rental of ADUs is allowed in Fridley. She noted that any unit that is not occupied by an owner requires a rental license. Commissioner Meisner stated that the larger garage is moving further from the property line, which is nice to see. He stated that he has no issues with the request. Chair Hansen noted that this is a nice -looking structure and the first detached ADU request. He encouraged the applicant to talk with City staff about utility connection, as he would prefer not to have them cut into the street. Motion by Commissioner Meisner recommended approval of a Conditional Use Permit, CUP #26-04, with the listed stipulations. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously. This item will go before the City Council for consideration on September 14, 2026. Chair Ha en noted that there was another item on the agenda, but recognized that the Commissio does not typically approve and/or modify the agenda. He asked if any action is required on tot item. Ms. Abts replied that the petitioner withdrew their request. Motion by Commil ioner Meisner to retroactively amend the agenda to remove Item 2. Seconded by Commissioner &orm n. Upon a voice vote, all vcX!ng aye, Chair Hansen declared the motion carried unanimously. Ms. Abts stated that staff hegun the kickoff for the Comprehensive Plan process. She noted a community survey that is currbptly available and encouraged members of the Commission and other residents to complete the`sprvey. She noted two upcoming workshops on the same topic and other upcoming topics that will be discussed. AGENDA REPORT Fridley Meeting Date: September 14, 2026 Meeting Type: City Council Submitted By: Nancy Abts, Senior Planner Stacy Stromberg, Assistant Community Development Director/HRA Paul Bolin, Commmunity Development Director Title: Resolution No. 2026-98, Approving Conditional Use Permit, CUP #26-04 for a Detached Above -Garage Accessory Dwelling Unit at 60 Talmadge Way Background Regulatory History The City of Fridley (City) passed Ordinance No.1400 in 2022, authorizing Accessory Dwelling Units (ADU). Currently, seven internal and attached ADUs have completed the permit requirements, and an eighth is under construction. A detached ADU requires a conditional use permit under the ordinance. The City has received the first application for a detached ADU. The Request Architect James Mackey has requested a conditional use permit (CUP) for a detached accessory dwelling unit at 60 Talmadge Way NE. The homeowners plan to use the ADU for visiting family members in the near future, and not as an income generating property. Site Description and History The subject property is a large, 1.13-acre lot that abuts Oak Glen Creek to the rear. The existing home was constructed in 1948, with an enclosed porch added in 1985. A recent appraisal of the property found the home contains 1,091 square feet of living space above grade, with an additional 809 square feet of finished living area in the basement. The applicant has stated that the proposed ADU has living space, which would meet the code requirement that an ADU be no more than 50 percent of the size of the main home. Comprehensive Plan Guidance The 2040 Comprehensive Plan guides this property for Single Family Residential Use, described as "Lots or parcels containing single family detached housing, including manufactured homes, 1-4 units/acre." The proposal to maintain two dwelling units on a 1.13-acre lot is complaint with this guidance. Code Requirements and Analysis Parking The proposed ADU will replace the existing garage on the property. Two enclosed parking spaces are required for the main home, while an additional two off-street (but not necessarily enclosed) parking spaces are required for the ADU. The proposal includes adequate parking. Landscaping and Screening Based on the plans submitted, it is not clear if construction will require any tree removals. For new construction in the R-1 zoning district, the property would need to have three overstory trees, with at least one of the trees located in the front yard. The rear of the lot is heavily tree covered. Staff find that the application does not meet the standards for issuing a CUP, without stipulations. Several stipulations are included to address potential future alterations to the property, without need to modify the CUP. Previous discussion The Planning Commission held a public hearing on this application at their August 19, 2026, meeting. Following the hearing the Commission unanimously recommended approval of the CUP with the stipulations presented at the hearing. Financial Impact No finanical impact. Recommendation Staff recommend approval of Resolution No. 2026-98, Approving Conditional Use Permit, CUP #26-04 for a Detached Above -Garage Accessory Dwelling Unit at 60 Talmadge Way. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Financial Stability & Commercial Prosperity Organizational Excellence Community Identity & Relationship Building Public Safety & Environmental Stewardship Attachments and Other Resources 1. Resolution No. 2026-98 2. Land use Cover Sheet 3. Application Summary 4. Narrative 5. Certificate of Topographic Survey 6. Title Sheet 7. Exterior Elevations 8. Sections 9. ADU Main Floor Plan 10. ADU Upper Floor Plan 11. Foundation Plan 12. Roof Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. 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; Passed and adopted by the City Council of the City of Fridley this 14th 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. 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; Passed and adopted by the City Council of the City of Fridley this 14th 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. r Council Meeting 9/1 Minutes Paae 2 4. Receive the Mi es from the City Council Conference Meeting of August 24, 2026. 5. Receive e Minutes from the Planning Commission Meeting of August 19, 2026. New Business 6. Resolution No 026-97, Authorizing an Application for Metropolitan Council Planning Assistance Grant Funds or Fridley's 2050 Comprehensive Plan Update. 7. Resolution No. 2026-98, Approving Conditional Use Permit, CUP #26-04 for a Detached Above - Garage Accessory Dwelling Unit at 60 Talmadge Way. 8. Resolution No. 202699, Approving Conditional Use Permit, CUP #26-03 by Gerhard Builders and Remodeling, LLC fo an Oversized Garage at 531 Kimball Street N.E. (Ward 3). 9. Resolution No. 2016-100, Awarding the 2026-2027 Private Ash Tree Removal Program. 10. Resolution No.R026-101, Authorizing Execution of Amendment No. 1 with MnDOT for 571h Avenue Overp s Project Local Road Improvement Program Grant Agreement. 11. Resolution N . 2026-102, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment oll and Directing Publication of the Public Hearing Notice for the 2026 Street Rehabilitati n Project No. ST-2026-02. 12. Resolutl No. 2026-103, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assess Int Roll, and Directing Publication of the Public Hearing Notice for the 2026 Nuisance Abateryents for 2026 Rental Reinspection Fees. 13. Reso tion No. 2026-104, Approving Special Event Permit for Totino Grace Anniversary Event to be Oeld October 3, 2026. Cla 14. resolution No. 2026-104, Approving Claims for the Period Ending September 9, 2026. (Consideration of Items not on Agenda — 15 minutes.) Dere Lind, ACEIT, provided an update on the Minnesota Supreme Court ruling related to the use of poll pads and the choice the City has to use paper or poll pads. He recommended that the City go back to usin paper. Co ncil member Evanson recognized that Mr. Lind has been to quite a few meetings and asked about the arg ments that each side was making before the Supreme Court. Mr. Lind stated that the County argued th t they were the head election official and the court did not agree. Document No.: 2477368.010 ABSTRACT 09/21/2026 01:10 PM Fees/Taxes In the Amount of: $46.00 Pamela J. LeBlanc Anoka Cty Property Records and Taxation Property Tax Administrator and Recorder/Registrar of Titles Deputy-. ratendoh STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS CONDITIONAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY In the Matter of: Conditional Use Permit, CUP #26-04 Owner: Christian Perdomo Idrovo & Sarah Idrovo The above entitled matter came before the City Council of the City of Fridley and was heard on the 14' day of September, 2026 on a petition for a Conditional use permit pursuant to the City of Fridley's City Code and City Charter, for the following described property: Conditional Use Permit, CUP #26-04, by James Mackey of Jim Mackey Architect on behalf of property owners Christian and Sarah Idrovo, to allow a detached Accessory Dwelling Unit (ADU) to be located on properties in R-1 Traditional Single -Unit Residential District with a Conditional Use Permit (CUP), generally located at 60 Talmadge Way, legally described as Lots 5 & 6, Lund Addition, Anoka County, Minnesota, according to the recorded plat thereof (subject property) IT IS ORDERED that a Conditional use permit be granted as upon the following conditions or reasons: Approved with 7 stipulations. See Resolution Number 2026-98 STATE OF MINNESOTA ) COUNTY OF ANOKA CITY OF FRIDLEY OFFICE OF THE CITY CLERK I, Melissa Moore, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use Permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF. I pave hereunto s bscr ed my hand at the City of Fridley, Minnesota, in the County of Anoka on the f 1 day of 2026. DRAFTED BY: City of Fridley 7071 University Avenue NE Fridley, MN 55432 Melissa Moore, City Clerk (SEAL) S6TA A, At .:'�.Ala 'ouris-t 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; Passed and adopted by the City Council of the City of Fridley this 14t' day of September 2026. David Ostwald — Mayor Attest: Z&&6� A��_ 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.